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Ask Jido – January 2025

Dear Jido,

I’ve always tipped waiters, hairdressers, food delivery drivers, and manicurists, of course, understanding that most of these positions do not pay very well and the person is likely living off tips more than salary.

Within the last year or so, however, I have been told in several different ways, some not very subtle, that I should also be tipping the cable company technician who comes out to correct static on the line, the HVAC technician who gives my system an annual checkup, the appliance repair person who fixed my dryer, and, most recently, the plumber who came out to unclog a bathroom sink.

In all of those circumstances, I paid the company in question a significant fee for the service, and the person they sent out was in a company vehicle, wearing a company uniform. I assume they are making a decent salary.

Are we supposed to be tipping everyone who provides any service now? How can I determine who is supposed to be tipped and how much they should get? What if I cannot afford to tip, say, an appliance technician after I’ve already paid his company over $300 for the work he did?

Do I need to explain that I can’t afford to tip them, especially when they are standing around after the job, making small talk, obviously waiting for something from me?

Signed,

A Fed-Up Tipper

Dear Not-a-Penny,

What! Tip the plumber? You gotta be kidding.

What are tips for? To Insure Prompt Service. If the plumber didn’t come right away, you would probably just find someone else.

Consider this: What’s the average minimum wage across America? About $15 per hour. What’s the minimum wage for a job that receives tips?

The Federal Minimum Wage for tipped workers is $2.13 per hour. If that’s all he’s making, I wouldn’t use him.

You are correct. Not everyone should be tipped. But, even if he’s a skilled worker but he did something “over the top” for you, you still might want to give him/her something “for them.” You wouldn’t be setting a precedent and you would actually feel good about it.

But what should you do when they just hang around waiting for a tip?

As you walk to the front door you could say something like, “Well, we’re all done here. I’ll be sure to tell the boss you did a great job. Thank you. See ya.”

If they don’t get the hint, you could add, “Do you need me to help you bring your stuff to your car”?

If they STILL don’t get the hint, you could do what a lot of people do when they’re in a situation they want to get away from. Make sure you’re carrying your cell phone in your hand (which you’re probably doing anyway). Then quickly, put the phone to your ear and say. “Oh, hi, yeh, just a minute.” Tell the tip-seeker, “I gotta take this call. Thanks for everything. Bye.”

If they still, still, still don’t get the hint, hang up and call a cop.

Jido

Medical Halacha – Is There Jewish DNA?

Rabbi Yehuda Finchas

Blake entered my office visibly excited. “Rabbi, as far as I know, I’m not Jewish. But out of curiosity, I checked my ancestry on the 23andMe website, and it claims that my lineage includes Jewish heritage. Does that mean I’m Jewish? Can I marry a Jewish girl if 23andMe says I’m Jewish?”

What is DNA Testing?

To answer this question, we need to first discuss DNA testing in general and then focus on genetic ancestry testing. Every person has a unique DNA profile, much like a fingerprint. DNA is found in nearly every cell in the body. In recent years, mitochondrial DNA (mtDNA) has become a popular tool for genetic ancestry identification. Mitochondria, the powerhouses of our cells, have their own genetic material, which is passed down exclusively from mother to child. This means mtDNA is inherited along the maternal line and according to halacha it is the mother who determines if the children are Jewish. So, can mtDNA prove you are Jewish?

There are several types of DNA tests. For example, blood tests can detect hereditary diseases such as Tay-Sachs and Cystic Fibrosis, identifying whether a person carries the genes linked to these conditions. DNA testing is also used in forensic science to identify human remains, ensure that all body parts are buried together, and establish identity. Additionally, genetic testing can be used to establish paternity and confirm direct biological relationships. These tests are highly accurate.

Genetic ancestry testing, however, has several limitations. While general DNA tests can accurately determine close family relationships (e.g., parents, siblings, cousins), any connections beyond that are based on probability and statistical estimates.

Jewish DNA?

There is no specific “Jewish DNA.” However, some researchers have found that certain mtDNA haplogroups – groups of related mtDNA sequences – are more common among Jewish populations than in the general population. For example, Nephrologist Karl Skorecki and researcher in molecular genetics Behar write, “At least 40 percent of the Ashkenazi population carry one of four unique forms of mitochondrial DNA (mtDNA)…” In other words, over 3 million Ashkenazi Jews are descendants of four women who were among the founders of the Ashkenazi population. These haplotypes are more prevalent in Ashkenazi Jews and rarely found in Jews of other origins or in non-Jews.

However, these conclusions have been contested as statistically problematic. Since Jewish people make up less than 1 out of 500 people globally, even if a haplotype is much more common in Ashkenazi Jews – say, 100 times more prevalent than in non-Jews – there is still a higher chance that a person with that haplotype is a non-Jewish outlier rather than a Jewish individual.

Other research challenges Skorecki and Behar’s findings. For instance, Professor Raphael Falk from the Hebrew University (2015) concluded that, “genetic markers cannot determine Jewish descent.” Similarly, in 2016, Dr. Eran Elhaik stated that it is impossible to prove Jewish descent using genetic markers and highlighted several issues with current research. Tofanelli’s research in 2014 also pointed out the limitations of using haplotype motifs as reliable indicators of Jewish ancestry.

In Conclusion

In conclusion, there is no clear scientific evidence that one can rely on to determine Jewish descent based purely on genetic testing. Mitochondrial DNA cannot definitively prove that a person is Jewish. While Jewish populations may share certain genetic markers, there is no unique DNA sequence that definitively establishes Jewish ancestry. Therefore, in practice – halacha l’maaseh – Blake cannot rely on his DNA test to prove his Jewishness. If he wishes to marry a Jewish girl, he must establish that his mother or grandmother is Jewish according to halacha.

Jewish people possess special spiritual traits, as reflected in the Gemara (Yevamot 78b), which lists three defining characteristics of the Jewish people: they are merciful, humble, and engage in acts of loving-kindness. The Gemara teaches that anyone who embodies these three traits is truly deserving of our companionship. These are so to speak the spiritual genes of the Jewish people.

Rabbi Yehuda Finchas is a recognized expert, lecturer, and author on Medical Halacha. He is the head of the Torat Habayit Medical Halacha Institute. His latest book is “Brain Death in Halacha and the Tower of Babel Syndrome.” To contact Rabbi Finchas, please email rabbi@torathabayit.com.

Riddles – January 2025

RIDDLE: What Am I?

Submitted by: Leon G.

I was known to philosophers a thousand years ago.  I have numbers all in a line, and I can tell you if rain will turn to snow. What am I?

Last Month’s Riddle: Unique Number

The number 8,549,176,320 is a unique number. What is so special about it?

Solution: This is the only number that includes all the digits arranged in alphabetical order!

Solved by: Eli Bareket, Yehezkel Alfi,  Ralph Sutton, Jake Shalom, Al Gindi, Sammy Gabbay, Norman Esses, Aaron Vilinsky, Raymond Betesh, Perry Halawani,  Alice Sardar, David Maimon, Jacob Ayal, Richie Ayal, and The Shmulster.

JUNIOR RIDDLE:  Time to Chime

Submitted by: Leslie N.

A clock chimes 5 times in 4 seconds. How many times will it chime in 10 seconds?

Last Month’s Junior Riddle: Escape Plan

A man is trapped in a room with only two possible exits. Through the first door is a room with an enormous magnifying glass causing the blazing hot sun to instantly burn anything that enters. Through the second door there is a fire-breathing dragon. How does the man escape?

Solution: Leave through the first door at night when the sun is down.

Solved by: Yossi B., Isaac Ayal, Jake Shalom, Big Mike, Sammy Gabbay, Norman Esses, Solly Dahan, Aaron Vilinsky, Raymond Betesh,  Perry Halawani, Mayer Cohen, Chehebar Franco Family, David Maimon, The Big Cheese, and Jacob Ayal.

From The Files of the Mitzvah Man Hesed Stories – The Very First Case

Pnina Souid

The Mitzvah Man relates that when he was first starting out, he learned the valuable lessons of strength in numbers and recognizing his limits. It started with one phone call.

A Call for Help

One summer day thirteen years ago the Mitzvah Man received a call from the friend of a woman who was blind who we’ll call Sarah. Sarah had seen an advertisement for the Mitzvah Man’s offer to do hesed. She had been invited to her friend’s 90th birthday party, and was looking for a ride. However, the Mitzvah man had to decline, as he was not in Brooklyn for the summer.

Sarah was very disappointed, but the Mitzvah Man offered to help her when he returned to Brooklyn after the summer, saying he would be happy to help her with her errands when he was back.

Sarah was delighted at the offer and started listing off her needs. “I need someone to make phone calls for me, order groceries to be delivered, make doctor appointments and take me there, among other things. Besides being blind, I have no family.”

The Mitzvah Man respectfully inquired as to why Sarah did not have a companion or home health aide. She had tried several! But none had worked out for her. The Mitzvah Man felt a little overwhelmed by the jobs she might have for him, but he promised that when he was back in Brooklyn, he would see how he could help her.

True to his word, after the Mitzvah Man was back in Brooklyn he went to pay Sarah a visit. She was living alone on the third floor of a three-story walkup in Coney Island. The building belonged to a yeshiva that occupied the first two floors.

Sarah was so happy to welcome the Mitzvah Man into her home. She knew just where everything was. She had been a true baalat hesed when she was able to see, giving tzedaka and helping people in need. Plaques covered her walls. Although she was blind she knew exactly which plaque was which and she proudly showed the Mitzvah Man a number of laudatory articles. She was familiar with each one was and clearly remembered what was written about her.

The Aha! Moment – Recruit Others

The Mitzvah Man pondered how he could possibly help Sarah with all of her needs. He was working alone, with no team of volunteers to help him. He realized that he could do so much more with the assistance of others. He offered a tefilla to Hashem asking for guidance. The choice was to continue working alone or to recruit other volunteers to join him. He felt Hashem telling him that the thing to do was to take his hesed work to the next level.

To accomplish that goal he placed an ad in the paper to create the Mitzvah Man organization. 20 volunteers answered the call.

Sarah now had a team of volunteers to help her. Team members got to work to make her phone calls and to set up her doctor appointments, and they visited her, as well. One of the volunteers accompanied Sarah to a wedding, helped her on to the dance floor, and danced with her. After the wedding she took Sarah home.

There were many phone calls to be made. A volunteer suggested getting Sarah a special phone that could be programmed, allowing Sarah to make calls just by speaking into the phone.

Another volunteer took it upon herself to take Sarah out for walks on nice days

One night Sarah experienced chest pains. She was able to reach Hatzalah on her voice activated phone. Hatzalah volunteers quickly came and transported her to the hospital. She was having a heart attack. The phone saved her life. Sarah lived another five years.

The modest beginning with 20 volunteers has blossomed into a vibrant team of 3,800 volunteers who answer the call to do hesed in Brooklyn, Manhattan, Deal, and Long Branch, New Jersey.

The Lighter Side – January 2025

Math Lesson

A student fell off his chair during a math lesson and sprained his finger. The teacher grabbed a first-aid kit and applied a splint. Only after the teacher finished did he realize that he’d put it on the wrong finger.
“I’m sorry,” the teacher said, looking rather embarrassed.
“That’s okay,” the student replied. “You were only off by one digit.”

Barbra H.

Cold Water

A young community volunteer offered to mow the lawn for a poor old woman who lived in his village. When he arrived at her house, the woman was so grateful and she invited him in for a cup of tea and a cookie.
As he ate the cookie, the boy noticed a shiny substance coating his plate. When the old woman saw him staring at it, she said, “Sorry, dear, it’s as clean as cold water could get it.”
When he’d finished mowing the lawn the old woman invited him in again for a sandwich. This time, he noticed, not only was there a shiny substance, it also had hard patches of dried egg on it.
“I’m so sorry,” the old woman said again. “It’s as clean as cold water could get it.”
The boy smiled politely and finished his sandwich. When he went to leave, an old dog, that had been asleep on its bed, stood up and blocked the doorway, its teeth bared as it growled at him.
The woman waved her walking stick at the dog. Then she shouted, “Cold Water … get back in your bed!”

Ralph T.

Inflation

My wife and I took a long, leisurely drive out to the country and pulled over to fill up our car’s gas tank and tires. My wife was surprised to see that the station charged a fee to fill the tires and asked me, “Why in the world do they charge for AIR?!”
I responded, “Inflation.”

Mark D.

Advanced Warning

When NASA was preparing for the Apollo project, some of the training of the astronauts took place on a Navajo reservation.

One day, a Navajo elder and his son were herding sheep and came across the space crew. The old man, who spoke only Navajo, asked a question that his son translated. “What are these guys in the big suits doing?”

A member of the crew said they were practicing for their trip to the moon. The old man got all excited and asked if he could send a message to the moon with the astronauts. Recognizing a promotional opportunity, the NASA folks found a tape recorder.

After the old man recorded his message, they asked his son to translate it. He refused. The NASA PR people brought the tape to the reservation, where the rest of the tribe listened and laughed, but refused to translate the elder’s message.

Finally, the NASA crew called in an official government translator. His translation of the old man’s message was: “Watch out for these guys; they have come to steal your land.”

Max K.

Like Lightning

A young boy was doing some handiwork with his father. When it came to putting a picture on the wall the father said, “I’ll do this one… You’re like lightning with a hammer.”
The boy said, “Wow, is that because I’m so fast?”
“No, it’s because you never strike the same place twice!”

Jordan B.

Doctor Visit

A man goes to a doctor and says, “Doc, you have to help me. I think I’m a moth!” The doctor says, “You don’t need a doctor, you need a psychiatrist.” The man replies, “I know, but I was passing by, and I saw your light on!”

Marlene A.

Cold Soup

An eight-year old boy had never spoken a word. One afternoon, as he sat eating his lunch he turned to his mother and said, “The soup is cold.”
His astonished mother exclaimed, “Son, I’ve waited so long to hear you speak. But all these years you never said a thing. Why haven’t you spoken before?”
The boy looked at her and replied, “Up until now, everything has been fine!”

Vivian R.

Back Again

A guy is sitting at home when he hears a knock at the door. He opens the door and sees a snail on the porch. He picks up the snail and throws it as far as he can.
A year later, there’s another knock at the door. He opens it and sees the same snail. The snail says, “What was that all about?”

Dave E.

New Handyman

A businessman went into the office and found an inexperienced handyman painting the walls. The handyman was wearing two heavy parkas on a hot summer day. Thinking this was a little strange, the businessman asked the handyman why he was wearing the parkas on such a hot day.
The handyman showed him the instructions on the can of paint. They read: “For best results, put on two coats.”

Benjamin G.

Eye Pain

A woman goes to an eye specialist and says, “Doctor, I have a problem. Every time I drink coffee, I get a sharp pain in my eye.” The specialist examines her and says, “I’ve never heard of this before. Can you show me what happens?” The woman takes a sip of her coffee and immediately screams in pain. The specialist looks closely and sees a spoon sticking out of the woman’s eye. The doctor says, “Well, there’s your problem. You’re supposed to take the spoon out of the cup before you drink your coffee!”

Susan K.

Book Request

A woman walks into a library and asks for a book on turtles. The librarian asks, “Hardback?” The woman replies, “Yeah, with a little head and legs.”

Morris C.

Job Interview

A man goes to a job interview and the interviewer asks him, “What’s your greatest weakness?” The man thinks for a moment and says, “Well, I’m brutally honest.” The interviewer says, “I don’t think that’s a weakness.” The man replies, “I don’t really care what you think!”

Victor M.

Secret Password

During a recent password audit, it was found that a young boy was using the following password: “MickeyMinniePlutoHueyLouieDeweyDonaldGoofySacramento.” When asked why such a long password, the boy replied that he was told that the password had to be at least 8 characters long and include at least one capital.

Sharon Z.

New Diet

My brother came back from school all motivated because he said he would be following a new diet from that day. We didn’t really give it much thought until my brother really started eating his homework for dinner. When we stopped him and asked why he was doing that, he replied, “I was just trying to see how it tasted because my teacher said that the homework would be a piece of cake for me.”

Sammy S.

Mabrouk – January 2025

Births – Baby Boy

Martin & Rachel Cohen

Mark & Anta Shalam

Isaac & Esther Moghrabi

Richie & Joyce Ayal

Mark & Nicole Hazan

Miro & Junie Sutton

Sammy & Danielle Dayan

Marc & Cookie Dweck

Births – Baby Girl

Max & Susan Cohen

Adam & Shira Gorcey

Danny & Barbara Choai

Jack & Amanda Betesh

Joseph & Janice Mizrahi

Joey & Fortune Ades

Ralph & Sophia Shamah

Zach & Claudia Mansour

Bar Mitzvahs

Avraham, son of Rabbi Refael and Janet Netanel.

Engagements

Daniel Tracktenberg to Celia Chrem

Aron Rudy to Esther Sutton

Leo Setton to Rochelle Tawil

Teddy Chattah to Robyn Dweck

Jacob Setton to Danielle Elbaum

Eddie Ashkenazi to Emy Shamah

Weddings

Irving Bijou to Rosie Zeytouneh

Ikey Betesh to Rivka Cohen

Charlie Ades to Jacqueline Salman

Jack Bibi to Eve Shalom

Eddie Keda to Esty Ballas

Marc Abed to Sarah Assis

Emotional Wellness – The Dark Side

Rabbi David Sutton & Dr. David Katzenstein, LCSW-R

As a bachur, Rav Yerucham Levovitz learned in the Talmud Torah of Kelm. Prestigious kollel avreichim learned there, as well, though they lived the life of bachurim. They would leave their homes, travel to Kelm, learn there for a month at a time, and only see their wives and children for a short time at the end of every month.

Weakness or Greatness?

A fire once broke out in one of the houses next to the Talmud Torah, and many nearby houses burned down, though the bet midrash remained intact. As the fire raged on, edging ever closer to the yeshivah, an outstanding kollel avreich thought to himself, “I hope the yeshivah burns down. Then I’ll be able to go home to my wife and children.”

When we hear this, our first reaction may be, Oh my goodness, this man is a horror! But when sharing the story (Daat Torah, Bamidbar p. 82-83), Rav Yerucham has a different take. In his opinion, this is a sign of greatness. The avreich knew himself and realized that deep down inside he had a desire to return home to see his wife and kids. If he were to just show up at home in the middle of the zman (semester), his wife might say, “Why are you coming home now? You’re supposed to be learning in yeshivah. You don’t belong here.” But if he could say, “The yeshivah burned down. I had to come home,” he would have an acceptable excuse, and he would not have to be embarrassed to come back to his family.

Understanding Oneself

A person must be able to recognize his shortcomings, asserts Rav Yerucham. This is why the Torah is always looking for and finding fault in our Avot, and the Dor HaMidbar. Sefer Bamidbar is replete with stories of Klal Yisrael’s complaints and grumbles, their agitation and insurrection. This is the Torah’s way of showing what is really going on inside of a human being. The pasuk says: Though man is glorious, if he does not understand himself, he is like the silenced animals (Tehillim 49:21). Rav Yerucham tells us that a person who does not really know what is going on inside himself is not considered a human being at all.

The Pele Yoetz (on the topic of pachad, fear) shares a story that took place in the time of the Rambam. An adam gadol did not want to say Viduy on Yom Kippur, claiming that he had not

committed many of the sins enumerated in the text. Why should he lie before Gd? Don’t we say that the stamp of Gd is truth?

The Rambam countered, “If you truly understood the level of avodat Hashem demanded of each individual, you would realize that a day does not go by in which you do not commit every transgression listed in the Viduy, and then some.”

How can that be? Every single day, a great person transgressed in so many areas?

Look at the Fine Points

Take a look at David HaMelech. The Navi informs us that David HaMelech sinned with a married woman, when, in truth, she was divorced (II Shmuel, Ch. 11-12). So what does that mean? We are not to merely view the full picture of an action, but the fine points, as well. True, David did not sin with a married woman, but he erred in the subtle points of his action. Though the adam gadol in the days of the Rambam had not actually committed all the sins in the Viduy, he may have transgressed in the small nuances, which, if one is perfectly honest, are associated with more serious iniquity. We are all encouraged to look carefully through our deeds, including the fine points, and learn to know ourselves.

Rav Yisrael Salantar admitted that he would not want to be left in a room with uncounted money. Other baalei mussar went a step further. “If you left me in a room with uncounted money, I would take it.” Does that really mean they would take it? No, it means that they felt that they had some kind of taste for that sin inside of themselves – because they were always checking on themselves.

From the Files of the Bet Din

The Case

Cookies and… Scream

Moe and Cindy were returning home Saturday night after spending the weekend with Cindy’s parents. They stopped off at a local ice cream parlor and purchased ice cream cones that they ate in their car in the dark. As Cindy got to the bottom of the cone, she reached with her fingers to the bottom of the cone to eat what seemed to be the last chunk of chocolate. After biting into it, Cindy began screaming and discharged from her mouth a sizeable roach. Utterly repulsed, she repeatedly vomited. After tending to his wife, Moe stormed into the ice cream store and berated the store owner for the incident, demanding compensation for his wife’s mental and emotional anguish. The store owner was sincerely apologetic but refused to resolve the matter that evening.

Moe and Cindy filed a written complaint to our Bet Din, claiming $10,000 in compensation. In Bet Din, the store owner explained that his store had been operating for over nine years and he never encountered a complaint. Furthermore, he recently passed an inspection with the board of health. He felt that the incident was due to circumstances beyond his control and that he should not be liable for the unfortunate experience.

How should the Bet Din rule, in favor of Cindy or the store owner and why?

Torah Law

According to Torah law, one who damages another can be liable to pay the victim for five distinct types of compensation. Obviously, a victim is entitled to compensation for permanent bodily damage sustained. In addition, a victim may, when applicable, collect compensation for pain suffered, the loss of employment, medical expenses, and the humiliation experienced because of the incident. Specific formulas to calculate each type of compensation due is prescribed by our sages. Compensation for mental anguish generally falls under the category of medical expenses, as the money collected serves to offset the cost of the therapy needed to help heal a suffering victim.

Many conditions apply before a victim can collect payment for damage suffered. While it is outside the parameters of this article to encompass the numerous exemptions applicable to damage liability, the following information serves as an indication to the intricacy of Torah law. A competent halachic authority must always be consulted before determining Torah law.

According to the ruling of the Shulhan Aruch, in instances where an offender performs an act that indirectly results in damage, a Bet Din will not forcibly collect payment from him. While the offender is responsible by Divine decree to compensate for the damage caused, a Bet Din will not intervene and collect on behalf of a victim. In addition, if the indirect damage was done without malicious intent, the offender is absolved from all responsibility. Hence, in instances of indirect damage resulting from circumstances beyond the defendant’s control, he is absolved of all liability.

In the classic Talmudic case of an animal that ate poison that was placed in front of it, the decision was not to forcibly collect from the offender who had placed the poison, but rather to inform him of his moral obligation by Divine decree to compensate the owner for the loss of his animal. There is a dispute between leading halachic authorities in explaining the logic behind this ruling. While all authorities agree that the incident constitutes a standard case of indirect damage, they differ regarding the exact rationale. Some commentators explain that an animal, by nature, has a keen sense of smell that protects it from eating dangerous substances. And thus, even if poison is mixed with animal food, it is clearly within the capacity of the animal to refrain from eating it. Therefore, if an animal consumes poison, the act cannot be attributed to the wrongdoing of the one who merely placed the poison in front of it.

Others explain that an offender can only be liable to pay compensation if he plays an active role in inflicting damage. If, however, the offender is completely passive at the time of damage, and it is rather the victim who actively inflicts himself, compensation cannot be forcibly collected from the offender. Therefore, even if it is likely that an animal will eat the poison that is mixed with its food, the offender is exempt, since the animal actively inflicted itself by initiating the consumption of the poison. Although the offender placed the poison within reach, his only liability is to meet his moral obligation of reimbursement prescribed by Divine law.

This halachic debate has far-reaching implications. According to the first opinion, if somebody placed in front of another person food that is not fit for consumption, it may legally be rendered as direct damage, enabling a Bet Din to collect from the offender. Unlike dogs, a human being will not necessarily distinguish an inedible product by its smell, and thus the offender is liable for all subsequent damage. Nevertheless, even according to this opinion, if the victim sensed a potential problem with the food and chose to continue eating, then the act of damage might not be attributed to the offender, since the victim ate the food despite sensing something was awry.

However, according to the second reasoning mentioned, the act of placing inedible food in front of another person to eat renders one liable only by Divine decree. Since the offender was completely passive, and the victim, albeit unintentionally, inflicted himself by consuming the food, a Bet Din will not exact payment from the offender. Hence, if the defendant who placed the inedible food for another to consume was not negligent, and had no malicious intent while serving the food, then, according to this opinion, he is absolved from all liability.

As a rule, a Bet Din will incorporate into Torah law a custom practiced in a commercial market. In the food and restaurant industry, a minimal standard of cleanliness is required. The store

owner implicitly guarantees, and accepts responsibility, to ensure that his product meets these standards. Hence, depending on the specific case at hand, a Bet Din may require an owner to compensate a client when a health violation occurs due to poor environmental standards.

Endnotes: Baba Kama 83b, 47b; Tosafot, Baba Kama 47b “hava lah;” Rosh, op cit, citing Orah Lahaim; Rambam, Hilchot Nizke Mammon 4:2; Hazon Ish, Baba Kama 14:9.

VERDICT: Unintentional Encroachment

From a halachic standpoint, Cindy is not entitled to compensation for the anguish she suffered. She did not incur any medical expenses for the painful incident. Furthermore, as discussed, a defendant is exempt from payment in cases of indirect damage caused by circumstances beyond his control. After investigation and review of the files at the Department of Health, it emerged that the store was running a clean operation, met all environmental standards, and was free of any complaints on record. Furthermore, the roach was found at the bottom of a cone, a product that was supplied by a cone distributor who is unaffiliated with the store owner, making it impossible for the owner to prevent the incident. Moreover, when questioned, Cindy admitted that as she picked up the roach with her fingers, she sensed a potential foreign substance, but nevertheless continued to eat. Hence, since it was within her capacity to refrain from eating, the act cannot be attributed to the store owner. In addition, halachically, the store owner played a passive role in the subsequent damage, as it was Cindy who ate the cone. Since the damage was caused by circumstances beyond the store owner’s control, he is absolved from all responsibility.

Nevertheless, for the sake of peace, and with a commitment from Moe and Cindy that they would not slander the store in the future, the owner agreed to pay Cindy $500.

YOU BE THE JUDGE

Lost and Found

Debbie and Joey were married less than a year when they realized that their ketuba was lost. Since Debbie did not remember ever storing her ketuba for safekeeping, the couple decided to review their wedding video to determine who was entrusted with the ketuba. The video indicated that Debbie’s mother had placed the ketuba on a small table at the time of the ceremony and it is very likely that it was left there unattended and was disposed of after the wedding. Although the ketuba was lost, a much more disturbing find was discovered upon study of the video. One of the witnesses of their kiddushin was Joey’s close relative. At this point it was evident that the young rabbi who officiated their wedding was incompetent, as the video showed that he never carefully chose valid witnesses prior to the marriage, but rather randomly picked two people to witness the marriage. Our Bet Din reached out to the rabbi, who admitted that since the witnesses did not object to the appointed role, he assumed that they were not related. With a very embarrassing situation at hand, the couple confidentially reached out to our Bet Din seeking a remedy for their problem. Do they need to remarry? If so, can it be done without a formal ceremony? Are the wedding blessings to be said all over again? Which date is to be written on the new ketuba, the day of their mistaken ceremony or today’s date?

How Should the Bet Din Rule and Why?

(This case is from the archives of the files of the Bet Din dating back over a decade ago. Due to the sensitivity of the matter, at that time it was not published. As with all cases published, the names and details are changed in order to protect the confidentiality of the parties involved.)

Words of Rabbi Eli J. Mansour – The Signature Qualities of the Jewish People

Something about baby Moshe made it clear that he was Jewish.

Moshe’s mother had placed him in a basket in the river, and the basket was soon discovered by none other than the Egyptian princess, Pharaoh’s daughter. She opened the basket, saw a baby crying, and immediately determined, “Miyaldeh ha’Ivrim zeh – This one is from the children of the Hebrews!” (Shemot 2:6). Apparently, Moshe had some feature that was unique to Beneh Yisrael, such that the princess was immediately able to conclude that he was one of “the children of the Hebrews.”

Rashi writes that she saw Moshe’s berit milah, and this was enough for Pharaoh’s daughter to determine that he was a Jew.

There are, however, other approaches that have been taken – and which highlight certain qualities which characterize – and must always characterize – the Jewish Nation.

The Silent Cry

One such explanation I was privileged to hear from the former Ashkenazic Chief Rabbi of the State of Israel, Rav Yisrael Meir Lau, shelit”a.

Rav Lau noted a number of other difficulties in this verse. For one thing, Moshe is referred here in two different ways. The Torah tells that “vatir’ehu et hayeled” – the princess saw “the child,” but then writes, “hinei na’ar bocheh” – “behold, a young lad was crying.” The words “yeled” (child) and “na’ar” (young lad) are not at all synonymous. A yeled is a small child, whereas a na’ar is an older child, a young adult. How could the Torah describe three-month-old Moshe as a “crying na’ar”?

Rashi, based on the Gemara (Sotah 12b), explains that Moshe’s voice resembled that of an older child, an adolescent. Although he was still an infant, he had the voice of a na’ar.

At first glance, this seems very strange. Why would Moshe, at three months old, have the voice of a teenage boy? Indeed, another view in the Gemara dismisses this opinion, refusing to accept that the greatest prophet and leader of all time was blemished in this fashion.

To explain this concept, Rav Lau draws upon his own experience as a young boy in a situation not all that different from Moshe’s.

Born in Poland in 1937, Rav Lau was a young boy when the Nazis broke into his family’s home to take them away. He recalls how his mother tried hiding him to protect him – just as Moshe’s mother successfully hid Moshe from the Egyptian authorities who were bent on carrying out Pharaoh’s cruel edict to kill all newborn boys. Little Yisrael Meir saw the dread and trepidation on his mother’s face, and he himself shared her fears. Still a young child, he naturally felt like crying – but he knew that he could not cry out loud. Any sound he would make would draw the attention of the Nazi troops. Although he was just several years old, the horrific circumstances he endured forced him to have the maturity to cry silently. Normally, only adults have the wisdom and strength to keep their cries to themselves, and

weep in silence, but young Yisrael Meir Lau, on that terrifying day, was, in this sense, an adult, and he cried quietly.

Many years later, Rav Lau realized that this might have been true also of baby Moshe. Although just an infant, Moshe had been trained to cry silently. Ever since birth, he was hidden from those who wanted to kill him, and so he was forced to weep quietly. And for this reason, Rav Lau said, the Torah says that Pharaoh’s daughter saw (vatir’ehu) a weeping child – and not that she heard the baby’s cries. Moshe was a yeled, a young child, but he cried like a na’ar, with the maturity to realize that he must cry silently, and so he was only seen, but not heard.

This is how the princess determined right away that Moshe was an Israelite child. Rav Lau explained that we Jews, having suffered so much persecution and hostility, are accustomed to silent weeping. We have been forced throughout our history to keep our cries quiet, to avoid drawing the attention and the resentment of those who seek to harm us. Silent weeping is a uniquely Jewish quality, and thus Pharaoh’s daughter immediately realized that “miyaldeh ha’Ivrim zeh” – Moshe was a Jew.

But there is a different understanding of this pasuk – one which reflects not only the unfortunate reality of our nation’s silent cries, but also the unique bond which we are to feel toward our fellow Jews.

The Crying Brother

This understanding emerges from a brief but fascinating comment of the Ba’al Haturim (Rabbenu Yaakov Ben Asher, Germany-Spain, d. 1340) in interpreting this verse. The Ba’al Haturim observes that the words “na’ar bocheh” (“a crying lad”), as spelled in this verse, have the same gematria (numerical value) as the words “zeh Aharon Hakohen – This is Aharon the Kohen.” Surprisingly, the Ba’al Haturim asserts that the “crying lad” in this verse is not Moshe, the infant whom Pharaoh’s daughter sees in the basket, but rather his older brother, Aharon, who was standing off to the side. The Torah tells us that Moshe’s sister, Miriam, had gone to the riverbank to see what would happen to her baby brother, but, according to the Ba’al Haturim, Aharon was there, too. And, as Aharon watched his baby brother helplessly floating in a basket on the river, without his parents or anyone to care for him, and exposed to the danger of the ruthless Egyptian authorities, he cried.

According to the Ba’al Haturim, the “yeled” and the “na’ar” in this verse are two different people – Moshe and Aharon. Pharaoh’s daughter saw the child, and then, “behold, there was a lad weeping” – she heard someone else crying for this infant. And it was then that she determined, “Miyaldeh ha’Ivrim zeh” – that this must be a Jewish child.

One of the defining characteristics of our nation is empathy, feeling each other’s pain. We are all brothers and sisters, and we all cry when our fellow Jew is in distress. When we hear of a fellow Jew who has taken seriously ill, we cry and pray. When we hear of a fellow Jew who has fallen into financial straits, we cry and see how we can help. When we hear of fellow Jews in Israel who are killed in war or terror attacks, we cry. We cry and pray for the hostages, for the soldiers waging war, for those who have sustained injuries, and for the grieving families. This is what we do. And so when Pharaoh’s daughter saw a young man crying because of a baby that was floating helplessly in the river, she understood that this was a Jewish child.

“Adam” vs. “Anashim”

Rav Meir Shapiro of Lublin (1887-1933) explained on this basis an otherwise mysterious Talmudic passage which, until his interpretation, was used by antisemites throughout the ages to fuel the flames of hatred and suspicion of Jews. The Gemara in Masechet Yevamot (61a) cites the prophet Yehezkel’s pronouncement to the Jewish Nation (34:31), “Adam atem” – literally, “You are people.” This indicates, the Gemara notes, that “you are called ‘adam,’ but the gentiles are not called ‘adam’.” The Gemara applies this teaching to a halachic concept, to a certain Torah law which depends on the particular status of “adam.” But many a Jew-hater seized upon the Gemara’s remark to provide “evidence” that we are a racist, supremacist people, that we consider all non-Jews as subhuman creatures. It goes without saying that this is a preposterous claim, as Torah law, ethics and tradition teaches us to extend sensitivity and kindness to all people, and to respect the divine image within every human being. But what, then, does the Gemara here mean? In what way are gentiles not considered “adam”?

Rav Shapiro explained the Gemara to mean that gentiles aren’t called “adam,” and are called instead the other word for “person” – “ish.” The difference between the words “adam” and “ish” is that the latter also has a plural form – “anashim.” When we want to speak of two or more people, we say “anashim.” Intriguingly, there is no corresponding plural term for “adam.” This word has only a singular form. The Gemara is teaching us that we, the Jewish People, are always referred to with the singular expression “adam,” even when there are many thousands of us. No matter how many Jews we are talking about, they are always “adam” – a single, indivisible unit. We are all one, like a single body. When one part of the body aches, the entire body suffers – and this is true of Am Yisrael, as well. We all feel each other’s pain, share in each other’s sorrow, and help shoulder each other’s burdens. But other people are called “ish,” or, in the plural, “anashim.” This does not mean that there’s anything wrong with people who aren’t Jewish. It means simply that other nations do not have the same unique cohesiveness and sense of family as Am Yisrael. This is one of our signature qualities, a feature of Jewish life that makes us unique.

Caring Community

I say with great pride that while this is true of the entire Jewish Nation, this is true especially of our beautiful community. One of the things that we excel in is the quality of sharing our fellow’s burden, and coming to his side in his time of need. We are kind, generous, giving, and – most important of all – concerned. We truly care about one another – about our fellow community members, and about our brothers and sisters from outside our community, no matter their background, affiliation, or level of observance. We embody the notion of “adam,” the notion that the entire Jewish Nation comprises a single organic entity that cannot ever be divided.

I hope and pray that in the merit of all the wonderful hesed performed by our community, and of all the heartfelt tefilot recited by our community members for our fellow Jews in need here, in Israel, and throughout the world, Hashem will bless His nation with peace and prosperity, and bring us our long-awaited final redemption, speedily and in our times, amen.

DFL Super Bowl Preview

Sam Sutton

The 2024 DFL season has been nothing short of spectacular. With thrilling matchups, jaw-dropping performances, and unforgettable moments, the league’s journey has now reached its pinnacle: the Super Bowl. And what better matchup could fans have hoped for? The top two seeds, the Smooth Mobile Oil Cowboys and the Egleston Air Eagles, will clash in what promises to be an epic showdown.

Championship Round Recap: Cowboys Steamroll the Dolphins

The Cowboys, captained by Allen Mustacchi, have been the most consistent team all season, and their dominance was on full display in the championship round. Facing a red-hot Dolphins team that had gained momentum in the playoffs, the Cowboys left no room for doubt. Behind a stellar performance by their star QB Eli Siegal, they cruised to a commanding 31-6 victory. Their precision offense and stifling defense left the Dolphins with no answers, and the Cowboys firmly cemented themselves as the favorites heading into the Super Bowl.

Eagles Engineer an All-Time Comeback

While the Cowboys dominated, the Eagles had to fight tooth and nail to punch their ticket to the big game. Captained by Michael Panetz, the Eagles found themselves in an 11-point deficit with just two minutes to play against the well-rounded 49ers. What followed was nothing short of legendary.

Quarterback Shimi Cohen took over, orchestrating the greatest postseason comeback in DFL history. With everything on the line, Cohen connected repeatedly with his star wide receiver, Menachem Dubin, who seemed unstoppable in crunch time. In a stunning turn of events, the Eagles pulled off a miraculous 23-19 victory, leaving fans and the 49ers alike in disbelief. This resilient performance proved that the Eagles are not just contenders but a team with championship grit.

A Clash of Titans

The Cowboys enter the Super Bowl as the undisputed favorites. Led by QB Eli Siegal, the de facto #1 draft pick, this team has been a powerhouse all season. Siegal’s ability to deliver pinpoint passes and make smart decisions under pressure has been the backbone of their success.

But the Cowboys’ strength lies in their depth. JoJo Matut and Mordy Sultan, a rookie wide receiver duo, have been nothing short of electric. Their speed and chemistry have made them a nightmare for opposing defenses.

Veterans like Mesh Novaseller and Yossi Abramson provide reliable options, offering stability and experience to complement the explosive plays. On the line, Captain Allen “Moose” Mustacchi, along with ball hawk Rodin and Jackie Sutton, form a formidable trio, providing both protection for Siegal and disruption on defense.

This balanced, high-powered roster has made the Cowboys the team to beat. With their regular-season victory over the Eagles in hand, they’ll look to replicate that success and secure the championship.

Egleston Air Eagles

If any team can challenge the Cowboys, it’s the Eagles. While they may enter as underdogs, their postseason heroics have shown that they thrive under pressure. Quarterback Shimi Cohen has been nothing short of a marvel, leading his team with poise, precision, and an uncanny ability to deliver in clutch moments.

The Eagles have plenty of firepower. Michael Panetz and Menachem Dubin form an elite wide receiver duo that has carried the offense all season. Dubin’s performance in the championship round solidified his status as one of the league’s most dangerous playmakers.

Jake Gluck, a standout on the defensive line, is also a key contributor at tight end, bringing versatility and toughness to the team. Shmuey Lewis and Noam Katsil embody the “do-it-all” mentality, making plays on both sides of the ball and giving the Eagles a well-rounded edge.

Irwin Sutton and Charlie Mizrachi bring the intangibles—leadership, grit, and a winning mentality—that every championship team needs.

The Eagles will lean on their chemistry, resilience, and balanced roster to challenge the Cowboys in what promises to be a tightly contested battle.

The Super Bowl

The DFL Super Bowl is set and the stage couldn’t be bigger. The Cowboys, with their star-studded lineup and near flawless record, will look to cap off their dream season with a championship. Meanwhile, the Eagles, riding the wave of their historic comeback, will aim to prove that their grit and determination can overcome even the toughest opponent.

What’s Next?

Stay tuned for next month’s issue, where we’ll break down every play, highlight the game’s biggest moments, and crown the 2024 DFL champion. Will the Cowboys complete their season of dominance, or will the Eagles defy the odds one last time? One thing is certain: this Super Bowl is one for the ages.