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The Case – Early Financial Impact of COVID-19

Joseph rented David’s luxurious villa for his upcoming trip to Israel for the Passover holiday. The lease was for a total of four weeks, commencing three weeks before the holiday. Joseph prepaid half the rent, a sum of $3,500. When it became apparent to Joseph that the COVID-19 pandemic was spreading, he immediately contacted David to cancel his upcoming trip. David responded, that since flights to Israel were still available and the villa was recently disinfected, Joseph had no right to cancel. Joseph countered that he had no intent on remaining in quarantine for the duration of his vacation and expected of David to refund him the money he prepaid. David was unwilling to provide Joseph with a refund, though he was open to a compromise on the $3,500 balance due. Although it was clearly impossible for our Bet Din to convene as per social distancing regulations of the Ministry of Health, we conducted a video conference via computer for the litigants to voice their respected claims.

Is David entitled to collect the balance due? Can Joseph demand a refund of the sum already paid? How should the Bet Din rule and why?

An Important Notification

Due to the current COVID-19 crisis, many financial disputes have emerged and are presently being settled by qualified rabbinical courts around the globe. It is important for parties in dispute to submit their respective claims to competent halachic authorities. The laws governing a pandemic are detailed and complex, and only an experienced Bet Din with a broad knowledge of monetary law can rule accurately. The following article highlights only some of the research done for this case, as part of the information is too intricate to record and is beyond the scope of this article. Since no two cases are the same, it is not recommended to apply this ruling even to a similar case, as often minor details can substantially sway the outcome of a decision. Nevertheless, it is valuable for us to study the laws of the Torah and acquire a basic understanding of monetary laws that apply to a pandemic.

Torah Law

According to the ruling of the Shulhan Aruch a property rental agreement is binding when either the tenant signs a contract, occupies the premises, or prepays the rent. Once an agreement is binding, the tenant is required to comply with all the terms and conditions stipulated for the duration of the lease. Financial setbacks and other troublesome events do not absolve a tenant from paying rent as per his contractual agreement.

Leading halachic authorities debate the liability of a tenant who suffers from a personal occurrence beyond his control, preventing him from physically dwelling on the rental property. In the instance of a tenant’s death some authorities require the heirs of the tenant’s estate to continue paying rent for the duration of the contract. Other opinions absolve the heirs of an estate from paying rent once the tenant is deceased.

The above mentioned laws are applicable to all instances other than extenuating circumstances caused by a pandemic or the like. According to the ruling of the Shulhan Aruch if a fire blazes and destroys a city, thereby preventing tenants of the city from residing there, the tenants are absolved from their contractual agreements with their landlords.

According to most halachic authorities the same is applicable to events such as war, terrorism, earthquake, hurricane, acts of government, plague, and pandemic. The need to flee from a property, or a legal restriction that prevents dwelling on a property because of citywide disasters, are grounds to relieve a tenant from his contractual liability. In the present Covid-19 pandemic, during which governments worldwide have imposed travel restrictions and quarantines, this view absolves a tenant from further payment. However, this position is less clear when the local government only makes recommendations rather than issuing orders using legal powers to impose restrictions. In short, when a disaster hits a city, state, or the entire globe, it is legally viewed as the landlord’s misfortune, and he is to sustain the loss caused by the occurrence.

However, a few halachic authorities differ with the above view, and require a tenant to pay rent so long as it is physically possible to occupy the premises. Hence, according to this view, only in the case of a fire and the like, in which the property is destroyed or unavailable for occupancy, is a tenant absolved from payment. As opposed to the instance of a pandemic, the property is readily available for occupancy and only an outside force of danger is preventing access to it. Hence, the tenant is required to fulfill his contractual obligation. In short, according to this view, in all instances that the property is available for residence, it is the misfortune of the tenant if he does not take occupancy, irrespective of the reasons for not doing so.

However, even according to this latter minority view, one can possibly argue that in instances in which a government closes  its borders and prevents entry to non-citizens, a tenant who resides overseas should be absolved from payment. Since the property is not readily available to an overseas tenant. it can be legally viewed as if the Israeli government’s restriction is considered the misfortune of all Israeli landlords. The tenant did not elect to flee from the property on account of danger, but rather, he was forced to stay away and was denied entry by law. It can be arguably viewed as if the landlord is unable to provide occupancy, rendering the property legally unavailable. While this reasoning is not absolute since the property is physically available, as aforementioned, some halachic authorities will anyway absolve a tenant even when a personal occurrence beyond his control prevents him from physically dwelling on the premises. In short, seemingly all opinions agree that in this specific case, it is the misfortune of the landlord and the tenant is absolved of fulfilling his contractual obligation.

Additionally, halachic consideration is given to the fact that no one would rent a short-term vacation apartment in Israel under the strict rules of quarantine imposed by the government. Restrictions in Israel included forbidding anyone from venturing outside of a property beyond thirty feet of its entrance, with monetary penalties imposed on violators. (Of course, exceptions were made for one leaving in order to purchase food or for medical reasons but restrictions were strictly enforced regarding all leisure or non-essential reasons for leaving one’s property.) Under such severe circumstances, clearly, no one would agree to rent, especially at a high vacation rate. Hence, such agreements are likely to be rendered null and void.

In addition, in such turbulent times, a landlord could never have found another short-term tenant on vacation to rent his property, and as a result no actual loss was sustained by the last- minute cancellation.

VEREDICT: We Are All in This Together

Our Bet Din ruled in favor of Joseph, the tenant, by absolving him of his contractual agreement with David, the landlord. As mentioned in Torah law, most halachic authorities exempt a tenant who is unable to reside on a property on account of war, terrorism, earthquake, plague, or pandemic.

Additionally, it is likely that all opinions would agree that in this specific case, Joseph the tenant is absolved of liability and the misfortune  is viewed as David’s. Since the Israeli government denied entry to all non-citizen’s, it can be viewed as if his property is unavailable for residence of an overseas tenant.

Furthermore, Israel’s quarantine laws restricted anyone from going thirty feet beyond the entrance of their property and enforced this law by penalty. Under such severe limitations, Joseph is not required to struggle and quarantine in a short-term rental for his planned vacation.  The binding agreement to rent the property was not under such pretenses, and as a result the rental agreement is null and void.

Although David already collected half the rent, he is by law required to return the funds. Nevertheless, our Bet Din requested of Joseph to consider David and realize that we are all in this together. We therefore suggested that Joseph let David keep $1000 and Joseph graciously agreed.

Various more intricate aspects related to this ruling were omitted here as the information was beyond the scope of this article.

YOU BE THE JUDGE

It’s Not All Fun and Games

Amy operates a successful playgroup for toddlers in her home. All parents who send their children to the playgroup sign a contract that stipulates that they are required to pay for her services on the first of the month for the duration of the school year. As a result of COVID-19, Amy was forced to close her playgroup sometime in March. With ongoing expenses, which included paying teachers and their assistants, Amy reached out to the parent body seeking payment for the month of April. Much to her dismay, nearly all of the parents ignored her request. Amy reached out to our Bet Din for instruction and guidance on the matter.

Are the parents of the playgroup required to pay for services they did not receive? Is Amy entitled to enforce her contract and collect payment from the parents?

How should the Bet Din rule and why?

 

Dear Jido – June 2020

Dear Jido,

Ever since the schools closed in mid-March, our once quiet and peaceful neighborhood has become quite loud and rowdy. The children in the neighborhood, especially my neighbor’s kids, are very noisy and disturb our peace on a daily basis. I understand that each household has their hands full – and the kids need to get out of the house – but the situation just seems to be getting worse and is out of control. I have talked with their mother and explained to her that my husband and I like to take a nap in the afternoon. But she did not seem to care at all. She says they have a right to play and she will not ask them to tone down the noise. Any suggestions would be greatly appreciated…

Frustrated by Noise


Dear Frustrated,

This is how I see it based on what you wrote:

Pluses                                                          Minuses
You have a house                                        Your neighbor’s kids are noisy
You have a spouse                                       Your neighbor is insensitive
You are healthy
You have beds
You live in a nice neighborhood
Your children are either well behaved or
are married living elsewhere

You have a few options:
1.      Count your blessings
2.      Change bedrooms
3.      Sleep on the den couch
4.      Go for a long walk before your afternoon nap to tire you out
5.      Continue getting frustrated

I once told a gentleman, a lot older than I was at the time, “You have to take the good with the bad.”  He said, “No, there doesn’t have to be bad.”

As I recall, he was always an angry man.

Grin and bear it. This too shall pass. Fifteen years from now you’ll dance at their weddings.  And laugh about this.

Jido  Zzzz

 

 

 

 

 

 

 

The Lighter Side – May 2020

Two Left Feet

Maxine was coming over to take her grandson Abie to the park.

“Okay Abie, we’re going to the park!” said Maxine. “Go get your shoes on!”

Being only 4 years of age, Abie replied, “Okay, but will you tie them for me?”

“Sure,” Maxine said with a big smile.

Abie bolted into the next room to put on his shoes, returning with a big smile and the shoes on the wrong feet.

Looking at his shoes, Maxine smiled and said, “Abie, your shoes are on the wrong feet.”

Abie looked down, then looked back at his grandmother with a very sad face and replied, “These are the only feet I have.”

Ralph S.

Geriatric Workout

Annie, a feisty 86-year-old felt she was getting out of shape, so she got her doctor’s permission to join a fitness club and start some moderate exercising. Seeing that an aerobics class for seniors was being offered at the club, on the spur of the moment, she decided to give it a try.

Annie bent, twisted, jumped up and down, and perspired for almost an hour straight… but by the time she got her warm-up outfit on, the class was already over.

S. C. A

Hashem Knows

One day Rena was explaining to her young son Morris that he should never tell a lie. She told him that Hashem saw everything and heard everything.

She explained, “Even though your father and I may not know if you are telling a lie, Hashem will know.”

Little Morris replied, “But will He tell?”

Carl F.

Bagel Purchase

Charlie puts two bagels on the counter and asks, “How much for these bagels?”

“$1.00 for both,” replies the clerk.

Charlie points to just one of them and asks, “How much for this one?”

“65 Sixty-five cents,” replies the clerk.

“Oh, ok. I’ll take the other one then…”

Sylvia S.

A Bony Display

An orthopedic surgeon was moving to a new office, with the help of his staff. One of the nurses sat the display skeleton in the front of her car, a bony arm across the back of the seat.

On the drive across town, she stopped at a traffic light, and the stares of the people in the neighboring car compelled her to roll down her window and yell, “I’m delivering him to my doctor’s office.”

The other driver leaned out of his window. “I hate to tell you, lady,” he said, “but I think it’s too late!”

Michael L.

Food Fare

A flight attendant on a busy New York to Tel Aviv flight nervously announced about thirty minutes after takeoff, “Ladies and Gentlemen, I don’t know how this happened, but we have 103 passengers aboard and only 40 dinners.”

When the passengers’ muttering had died down, she continued, “Anyone who is kind enough to give up their meal so someone else will be eligible for free air mile points.”

Her next announcement came an hour later. “If anyone wants to change their mind, we still have thirty-nine dinners available!”

Muriel A.

Up, Up and Escape

Two burglars broke into a luxurious high-rise apartment building. Suddenly, as they snuck into one of the apartments, the first burglar heard a noise.

“I think someone’s coming!” he frantically whispered to his partner in crime. “Quick, let’s go out the window!”

“Are you crazy?” the second burglar said. “We’re on the thirteenth floor!!”

“Oh give me break,” the first burglar hissed back as he began opening the window, “this is no time to be superstitious!”

Yitzy D.

Testing

Mrs. Stern was worried that her three-year-old son Benny was unusually precocious, and took him to a psychiatrist.

“Right,” said the shrink, “We’ll just try a few simple tests.” To Benny, he said “Say a few words – anything that comes into your mind.”

Benny turned to his mother and asked, “Does he want logically constructed sentences or just a few random and purely isolated words?”

Nancy S.

New Sneakers

Friday was Shira’s day for carpool, so she picked up her daughter and her classmates to take them home. As it happened, Shira’s daughter needed new sneakers and she saw that her friend Cindy had some nice ones.

“Cindy,” Shira commented, “I see you got new sneakers! Where did you get them?”

“At the store,” Cindy replied.

“Which one?” Shira asked.

Cindy began looking at her new sneakers and after a pause said, “Both of them!”

Bridgette K.

Getting Back to The Dentist… Post Coronavirus

With the worldwide spread of COVID-19, one of many emotions you may have is fear. And that’s completely understandable. It’s been an unusual and difficult time with a lot of unpredictable changes.

Before the Coronavirus, a visit to the dentist was routine. You made an appointment and when you arrived you may have had to sit in the reception room for 10 minutes. In the waiting room, there may have been people sitting right next to you. You picked up a magazine and read for a few minutes until you were asked to come in that will all change. Social distancing means no one sitting next to you. No more magazines that someone else may have touched. Staggered appointments to avoid too many people in the office at once. Even the UPS, FedEx, and USPS deliveries will not come to the office. We will go out to get the boxes and spray them with disinfectant before bringing them into the office.

When you call to schedule an appointment, we will ask you some questions to verify that you are not sick or are at-risk as a carrier. We may ask you to wait in your car until we are ready to seat you. Once you come into the office, the first thing we do will be to take your temperature. In fact, the doctor and all our team members are screened every day and have their temperatures taken. Once we seat you, you will be given a rinse which is highly effective against bacteria and specifically Coronavirus. You will also notice that our office countertops looking very bare, to minimize other sources of possible infection. We have removed everything except that which is needed for actual dental treatment.

But as far as clinical treatment, things are really not changing that much. We have always taken all the necessary measures to protect your health and that of our team. This pandemic didn’t force us to follow the strictest sterilization protocols; it’s what we’ve done since day one to protect you – our valued patient – and those you love.

SCHEDULING A DENTAL VISIT

We will ask,  “Do you have or have you or an immediate family member been exposed to

anyone with a fever, cough, cold, flu-like aches, or fatigue in the last 14 days?” If Yes – Please Reschedule.

For the dentist, the staff, and the patient there will be a staged return.

First priority: Emergencies

Second priority: Non- emergency essential services

Third priority: routine and non-essential services.

If you’ve missed your scheduled dental appointment or have an upcoming appointment that you’re not sure about, you should call your dentist to reschedule.

Our team has always followed CDC and OSHA protocols to keep our office sterile. We wipe down all equipment, surfaces, dental chairs, doorknobs, bathroom fixtures, and even waiting-room furniture. We wear protective gear eyewear, gloves, and N95 masks. And we wash our hands between each patient using the proper medical technique. In these unprecedented times, the safety and wellbeing of our patients and team continue to be our number-one priority.

 

Shavuot, Burnout, and Living With Purpose

Rabbi Benjamin Blech

In late May of last year, the World Health Organization concluded that the official compendium of diseases needs to include one more common contemporary disease under its list of sicknesses to be taken seriously by the medical profession.

Burnout has been upgraded from a “state of exhaustion” to a “syndrome” – which means that a truly significant number of people are not just sick of their jobs and sick of their lives; they are sick in the literal sense, mentally, emotionally, and physically, to the extent that their condition requires professional attention.

Perhaps this new phenomenon can shed on a famous biblical story, a seminal event in the life of Moshe, which may have much greater meaning than commonly understood at first reading.

Moshe’s first encounter with Hashem took place at a bush. Bush in Hebrew is called sneh. That very spot would be the location for the giving of the Ten Commandments. From the word sneh comes the word Sinai. The holiday of Shavuot and the giving of the Torah are inextricably linked with the scene of the miracle shown to Moshe. A bush burning with fire was strangely not consumed.

Superficially it was simply the scene of a miracle. It was Gd demonstrating his supernatural power. It was the prelude to Gd asking Moshe to assume the heavy burden of leadership. Yet the question begs to be asked: Could Gd not have performed a more amazing feat than this? Surely there must have been some greater meaning to this particular miracle. Indeed, the specific nature of the miracle must have also been a sign and a message.

Living with a Purpose

Permit me to suggest that Gd was giving Moshe a powerful answer to the very same problem currently identified as key to contemporary culture. A bush was burning – yet it was not consumed. So too, Hashem assured Moshe, that doing His will, and having a life filled with meaning and purpose, is the best way to never suffer from burnout.

The “burning bush” is not so much the story of a miracle as it is a vivid depiction of the miracle of lives filled with fiery passion for a greater cause.

Burnout, psychologists tell us, is apathy, akin to the feeling that life has no meaning. There is a crisis of purpose in our world today. People feel overwhelmed, lonely, and unfulfilled. In chasing the “good life,” they have sacrificed their relationships and their health, and, at the end of the day, still find themselves with lives and work that bring them little joy and meaning. Depression is on the rise and many people can’t cope with the pace of change brought on by technological, cultural, and social transformations.

Viktor Frankl, the world-renowned psychiatrist, existential philosopher, and author of the classic bestseller, Man’s Search for Meaning, described it brilliantly. People today, he said, are living in an existential vacuum. Vacuums need content – and the content must be purpose.

Meaningful activities generate positive emotions and deepen social connections, both of which increase our satisfaction with life. Research shows that focusing on happiness in life is actually self-defeating. Many persons have a wrong idea of what constitutes true happiness. It is not attained through self-gratification but through fidelity to a worthy purpose.

Iris Mauss, a social psychologist who studies the possible negative consequences of seeking happiness, found that people who place a great value on being happy actually have more mental health problems, including, sadly enough, depression. Mauss explained, “The more value you place on your own happiness, the more likely you are to feel lonely. Pursuing meaning, however, makes you feel good about yourself, because you are pursuing something bigger than yourself. Something that makes you come alive.”

Message from Sinai

The holiday of Shavuot recalls the single most important moment in of all of human history. At Sinai we were given a call to make our lives filled with meaning. We were given the commandment that our lives must have purpose – and the pursuit of that purpose would ensure far greater joy than the pursuit of happiness.

Sinai reinforced the message of the sneh, the burning bush. In making our lives meaningful we have found the Divine response to the dreaded disease of burnout.

Rabbi Benjamin Blech is an internationally recognized educator and lecturer. He is the author of 19 highly acclaimed books with combined sales of over a half million copies.

 

 

 

Remembering the Revered Leader of our Community Hacham Baruch Ben Haim, zt”l

Marking 15 Years since the Passing of our Beloved Teacher

LEON SAKKAL

On 24 Iyar, 5765 (June 2, 2005), our community mourned the loss of our revered leader and teacher, Hacham Baruch Ben Haim, zt”l. For 56 years, Hacham Baruch built, nurtured, and steered the Syrian community of Greater New York towards the prominent status it holds today. Now, 15 years later, we take a step back to appreciate the rabbi’s extraordinary life and accomplishments, and the enduring imprint which he has left upon us and all of Sephardic Jewry.

The Early Years of Rabbi Baruch Mizrahi

Hacham Baruch was born on November 18, 1921 in the holy city of Yerushalayim to his parents, Rav Haim and Miriam Mizrahi. His father, initially a businessman, ultimately came to be an influential educator, assuming the reins of leadership over a Talmud Torah in Jerusalem.

Although Rav Haim raised his children in the ways of Torah and yir’at Shamayim (fear of Gd), it is his righteous mother to whom our leader attributes much of his achievement. Every night, before putting her precious son to bed, Rabbanit Miriam read from Nifla’im Ma’asecha, a book of inspiring stories by Rabbenu Yosef Haim of Baghdad (the Ben Ish Hai). She told her son the captivating tales with great passion and enthusiasm until Baruch dozed off into a deep sleep. Hacham Baruch later commented, “Instead of dreaming of ridiculous, senseless things, I dreamt about mal’achim, angels. If I ever became anything, I owe it to my mother.”

Beginning a Career of Torah

Baruch was one of nine children in the Mizrahi household. Their destitute circumstances called for tight living, and their modest home consisted of just three small rooms and one bathroom.

From the early age of three, Baruch was sent to follow a vigorous schedule of Torah study at school, and he assiduously took advantage of every moment. As soon as he felt his Baruch was fit, Rav Haim introduced him to the difficult study of Gemara, beginning with Masechet Bava Kamma, and soon thereafter sent him to Talmud Torah Bene Sion, where he learned under the great Hacham Shelomo Abbu, zt”l.

By age 10, young Baruch was ready to advance, and his mother informed him of his father’s decision to enroll him in the renowned Yeshivat Porat Yosef; an institution flowing with many of the greatest Torah minds of the generation.

“I will take you tomorrow,” she said, brimming with pride. “We will go see your new school.” The following day, the two headed for the Old City, where the prestigious yeshiva was located.

“My dear son,” she began as they approached, “when we open the doors, you will see mal’achim, angels. They all possess ruah ha’kodesh [divinely inspired insight]. You are going to sit with them.”

Baruch was spellbound as he slowly entered the building. In his later years, Hacham Baruch recalled this incident, and how it instilled within him a sense of awe and reverence for his teachers which remained with him the rest of his life. “So much pahad, so much awe… I couldn’t lift my head!”

The Wonder Class

Hacham Baruch learned in Porat Yosef during its most glorious years, studying alongside many outstanding young disciples who, like him, grew to become pillars of Sephardic Jewry. These include HaGaon Hacham Ovadia Yosef, zt”l, Hacham Sion Levi, zt”l, Hacham Ben Sion Abba-Shaul, zt”l, Rav Shabbetai Atoon, zt”l, Rav Eliyahu Schrem, zt”l, and many more. They belonged to what is today referred to as “The Wonder Class,” a remarkable group of students that possessed extraordinary learning and teaching capabilities. The young scholars grew together, as one team, drawing every bit of knowledge from their teachers, to whom they looked with great admiration and esteem.

Hacham Baruch once described their intense schedule: “We used to sit… eight, ten hours a day with our rabbis; there was no such thing as a vacation, there was no such thing as a midday break… You ate a few minutes, you prayed a few minutes, and you sat with your rabbi and sucked in all the Torah, all the kedushah.”

Hacham Ezra Attiah zt”l, the esteemed Rosh Yeshiva of Porat Yosef, would send his students to deliver derashot (lectures) throughout Yerushalayim to prepare them for the work that lay ahead. They were being trained to teach, to build, and to someday lead communities all over the world. Yeshivat Porat Yosef was seen as a fountain of Torah that was desperately needed to quench the thirst of Jewish communities around the globe which found themselves in dire spiritual straits. Hacham Baruch and his peers were thus groomed to become the scholars, teachers and leaders who were needed to steer the Jewish People through the turbulent period of the modern era.

And so in 1947, at the age of 26, Hacham Baruch was sent on his first leadership position. While his close friend, Hacham Ovadia Yosef, was sent to Egypt, Rabbi Baruch Mizrahi set out for Johannesburg, South Africa.

A Kiddush Hashem

The 1930’s marked a troubling era for Jews. Hitler’s rise to power in Germany led to the enactment of harsh laws against Jews, as well as the prospect of war, prompting a wave of Jewish refugees fleeing Western Europe. Some 70-80,000 Jews came to South Africa at this time, all hoping to reestablish what they had devastatingly lost. By the time Hacham Baruch arrived, Johannesburg was home to South Africa’s largest Jewish community, with about two-thirds of the South African Jewish population living in the city.

The South African general elections always brought the Jews of South Africa to heartfelt prayers, and the 1948 vote was no exception. The incumbent Prime Minister, Field Marshal Jan Smuts, a prominent South African and British Commonwealth statesman, had an established record of friendship toward the Jews of South Africa, and had even raised funds for multiple Zionist organizations. The same could not be said of his opponent, Dr. Daniel François Malan, more commonly known as D. F. Malan, who, to the Jews’ dismay, won the election. Almost immediately after taking office, Malan called for the Jews to leave for Israel, desperate to “save” the city of Muizenberg from remaining what he derisively called “Yudenzenberg.” Nearly 70 percent of the community packed their bags and headed off for the newly-founded State of Israel.

Not long thereafter, South Africa faced a severe drought which crippled the country’s agriculture, businesses, and households. In desperation, Prime Minister Malan ordered the entire country to pray for rain, evidently recognizing that the situation was beyond his mortal hands and required divine intervention. Over the next several days, the citizens spent their days in churches, praying urgently for an end to the devastating drought, though to no avail.

With virtually nowhere else to turn, the Prime Minister penned a letter to Johannesburg’s Chief Rabbi Baruch Mizrahi. He pleaded, “Please, gather the Jews and pray to your Gd for rain.” Hacham Baruch obeyed, and requested the men of the community to come to synagogue in the afternoon for a special prayer service. The men recited selihot and other prayers, beseeching the Almighty to bless the country with rain. Malan was thunderstruck when rain poured from the skies the very next morning.

After spending two years leading the Ashkenazic community of Johannesburg, the Rabbi Baruch was informed of his brother’s untimely death in an unfortunate accident. Despite the fervent pleas of his adoring community, he decided that he must return to Israel, and he made his way back to Jerusalem.

Permission Pending…

After several months back in his native Jerusalem, Hacham Baruch once again decided to go out to the Diaspora to serve his fellow Jews. He was given three choices: Holland, Iran, and New York. The rampant anti-Semitism in Holland at that time led the rabbi to turn down that offer. It remains unknown why he chose not to come to New York, and decided instead to serve the Jewish community in Iran.

Providence, however, stepped in to direct the rabbi’s footsteps westward. He applied for an Iranian visa and waited for some time for a reply. After not receiving any response, he called the officials to ask for an explanation. It appeared that due to the political strife that existed between Iran and Iraq during the mid-1900’s, Iranian officials carefully scrutinized all Iraqi-born applicants to ensure to keep spies out of the country. Hacham Baruch tried explaining to the officials that he was just a rabbi seeking to teach Judaism. They suggested he call back at a later time, but when he called again the following week, he was told that the decision was still pending.

Destiny Awaits

It was during this same time that Mr. Isaac Shalom, one of the main founders of New York’s Syrian community, wrote was has become a historic letter to Hacham Ezra Attiah, zt”l;. Little did he know that his letter would change the face of his nascent community.

In his message, Mr. Shalom asked Hacham Ezra to send an assistant to the community’s current Chief Rabbi, Hacham Yaakob Kassin, zt”l, for a period of six months. Upon receiving the letter, Hacham Ezra was quick to reply, and immediately dispatched one of his most prized students, Baruch Mizrahi, to Brooklyn. He was likely unaware that Hacham Baruch would spend the next 56 years building, nurturing, and developing the Syrian community into the vibrant, renowned bastion of Torah and kindness that it is today.

Hacham Baruch left Israel by boat in December 1949. The three-week voyage was accompanied by horrific winter storms, but he eventually arrived at the shores of New York City in early January, 1950, and  headed straight for the home of the community’s Chief Rabbi, Hacham Yaakob Kassin, zt”l.

 

Hacham Yaakob Kassin, zt”l (1900 – 1994)

In 1932, Hacham Yaakob was selected by the Rishon LeSion Rav Yaacob Meir and Hacham Ezra Raful to travel to the United States on a fundraising mission on behalf of the Sephardic orphanages of Jerusalem. Upon arrival, he was greeted by the rabbis and lay leaders of Brooklyn’s fledgling Syrian community, which urged him to extend his two-month trip to six months. Before leaving, Hacham Yaakob was beseeched to remain and assume the position as the community’s Chief Rabbi. Though humbled by the offer, Hacham Yaakob declined, as he believed his future was in Yerushalayim. He did agree, however, to sign a letter stating that should he ever leave Israel to serve as a rabbi in the Diaspora, he would first spend a year in Brooklyn’s Syrian Community.

Over the course of the next year, Hacham Yaakob received offers from Sephardic communities in Mexico, Argentina, and Egypt. He of course described his agreement with the Brooklyn community, and still felt his destiny was in Jerusalem. All throughout, the community in Brooklyn sent several letters to Hacham Yaakob, urging him to return and become their Chief Rabbi. He consulted with the great rabbis of Jerusalem, including his illustrious father-in-law, Hacham Shalom Hedaya, until he finally agreed to assume the position. On August 10, 1933, Hacham Yaakob, his wife, and their first four children came to New York.

Hacham Yaakob ran the Bet Din and formed the community’s Rabbinical Council. He was the undisputed leader not only in Brooklyn, but of Syrian Jewish communities worldwide. During his tenure, Hacham Yaakob earned international repute as an expert in halachah, and rabbis from all over the world sent him their halachic queries. He resolved issues involving family matters, personal problems and business transactions, providing guidance for all who sought it. Under his leadership, the Brooklyn Syrian community grew to become the largest concentration of Syrian Jews in the world.

Here to Stay

Upon realizing the wisdom and talents of the new arrival, the Chief Rabbi pressured Hacham Baruch to stay alongside him in the United States, and to marry his daughter. Hacham Baruch replied that he was simply trialing his new position in Brooklyn for three months. Consequently, after three months of devoted and very successful work, Hacham Yaakov again pushed the young scholar to marry his daughter. The rabbi agreed, and in just two months, Rabbi Mizrahi was engaged to Hacham Yaakov’s eldest daughter, Charlotte. They were married in May of 1950.

Hacham Baruch planned to stay in America for just two years, and is later quoted to have said, “It’s been a long two years!”

In 1951, the rabbi’s father, Rav Haim, passed away. Several years later, the Mizrahi family made the decision to change their name from Mizrahi to Ben-Haim in his honor.

Remembering our Rabbi

Hacham Baruch arrived at a time when the Syrian community that had spent 2,500 years in Aleppo and Damascus was being transplanted onto foreign soil. The tests of keeping Shabbat and preserving other traditions were overwhelming. The rabbi counseled and cared for the community for over five decades.

After suffering a debilitating illness for many months, Hacham Baruch passed away in June 2005. His funeral was held in Magen David of Bensonhurst and was attended by over 2,000 people. The hacham’s body was then taken to Israel and buried on Har Hamenuhot in his native city, Jerusalem.

The countless memorials held in his honor are a testament to the profound impact he left on the community. The growth of his flock is largely due to his piety, warmth, tolerance, and love for all. May his cherished memory continue to guide, inspire and motivate us to continue promoting his legacy of Torah, kindness and love for our fellow Jews, amen.

Eliyahu & the Virus

Just as this crisis has helped us reconsider our priorities in our lives, it has helped reconsider our attitudes towards one another. 

The Talmud (Sanhedrin 98a) tells that Rabbi Yehoshua ben Levi once had the opportunity to meet the Mashiah.  He approached him and asked him when he would come to redeem the Jewish People.

“Today,” Mashiah answered.

Later, it was clarified that Mashiah meant he would come any day, as soon as the Jews are worthy of his arrival.

Rav Levi Yitzchak of Berditchev (Ukraine, 1740-1810), one of the towering Hassidic giants, wondered how it was possible for Mashiah to say that he was prepared to come already that day.  After all, the prophet Malachi foretold that before Mashiah’s arrival, the prophet Eliyahu will come to prepare us to greet him.  Mashiah cannot come until that happens.  So, how could Mashiah tell the rabbi that he was prepared to come already that day if the nation was worthy – if Eliyahu had not yet arrived?

Rav Levi Yitzchak presents a very important answer.  He explained that Eliyahu needs to arrive before Mashiah comes because “the people in the world are very preoccupied with worldly affairs…and very materialistic, bound to the vanities of the time.”  We need Eliyahu to shake us from our excessive preoccupation with vanity, with trivial matters, to draw our attention and focus onto the real purpose for which we were brought into this world, so we are ready for the great sanctity of the Messianic Era.

The holy tzadik of Berditchev writes that as this is the purpose of Eliyahu’s arrival – to spiritually prepare us for Mashiah – we can, in principle, be ready for Mashiah even without Eliyahu.  It is possible for us to prepare ourselves through some other means, to withdraw from the “havleh hazman – vanities of the time” even without Eliyahu guiding and instructing us.

A Time for Reflection

The Torah teaches us to be optimists, to find the hidden blessing within even the direst and most painful circumstances.  We mourn and grieve when people suffer, but we also look for the precious opportunities latent within every misfortune, and try to seize them.  And, we believe that all great achievements require sacrifices, some of them painful.

The extraordinary time we are now living through is fulfilling the role of Eliyahu Ha’navi.  It has had the effect of diverting our minds away from the “havleh hazman,” and helping us redirect our focus toward that which really matters.

Of course, this has entailed great sacrifice.  We cry together with the families of those precious souls that have been lost.  We stand alongside those who have lost their livelihood and commit ourselves to sharing the burden along with them.  And we also commit ourselves to ensure that these sacrifices and hardships will make us all better people.

For the vast majority of us, the coronavirus epidemic has brought most of our worldly affairs to a sudden, screeching halt.  We have spent weeks at home, without the pressures of work.  Our attention has been shifted.  We have been given an opportunity to rethink our priorities, to reconsider what is really important in our lives.

This is a precious gift.  The beautiful souls that have been taken for us will receive the greatest possible reward for doing Eliyahu’s work, for being part of this process of awakening us to prepare us for Mashiah.

Bringing Us Together

Eliyahu also has another job to perform.

Rabbi Yehezkel Landau of Prague (the “Noda Biyehudah,” 1713-1793), in his Tzelah commentary to the Talmud, discusses at length how Eliyahu will arrive in order to bring peace among the Jewish People.  He writes that before the Exodus from Egypt, Beneh Yisrael achieved perfect harmony and unity.  Unlike during the period of Egyptian bondage, when the nation was plagued by strife, jealousy, and discord, at the time they left Egypt, they came together in mutual love and devotion.

Rav Landau points to the tradition that the relationship between the Jewish Nation and the hostile peoples of the world is like that of a seesaw: when one rises, the other descends.  When we are embroiled in conflict, competition and ugly politics, the enemy nations work together harmoniously, putting us at great danger.  And when we succeed in putting aside our differences and bonding together in peace and unity, our hostile foes are torn apart by bitter conflict.  Therefore, the Midrash writes that on the eve of the Exodus, a violent civil war erupted in Egypt.  The Egyptian firstborns learned of the plague that would befall the country, and they took up arms against their leadership, who stubbornly refused to yield to Moshe and allow Beneh Yisrael to leave.  In the merit of our unity, Rav Landau writes, our enemies were plunged into violent unrest.

The Maharal of Prague (1520-1609) explains that this is why the paschal sacrifice had to be roasted whole.  The Jewish People are compared to a sheep.  The paschal sheep remained whole to symbolize the fact that we earned redemption by remaining “whole,” bonded together in a single entity.

Rav Landau explains that this is true of our future redemption, as well.  Our state of exile and dispersion naturally has the effect of keeping us apart from one another.  Different groups of Jews live in vastly different regions, face vastly different challenges, and thus develop different ways of doing things.  Naturally, with time, we should lose interest in one another and feel no desire to connect with one another.  But just as when our ancestors were in Egypt, our redemption depends upon our ability to rise above this challenge, and to come together despite our differences.  In order to earn our final redemption, we need to achieve peace, harmony and unity – and this, too, is the job Eliyahu is called upon to perform in preparation for Mashiah’s arrival.

If our community is any indication, this process of building peace and unity among the Jewish Nation is happening right now, during this very difficult time.  We are coming together.

As our minds shift away from the “vanities of the world,” we are less troubled and disturbed by pettiness.  Let’s do a simple exercise, and try to remember what was bothering us back in February, the “problems” that were on our minds.  Maybe it was a family member, friend, or coworker whose personality we found annoying.  Maybe it was a fight over some money.   Maybe it was not being invited to some affair or function.

Now, we look back at those “problems” and see them for what they are – trivial matters that really should not have the power to cause us aggravation, or to cause us to drift apart from one another.

I have been receiving many names of ill community members for whom prayers are needed, as I’m sure most of you have, as well.  When we are given these names, we do not start asking about what synagogue they attend, what schools their children attend, what they do on Yom Haatzmaut, which butcher shops they buy from, which rabbis they consult with, or what their opinions are on the “hot button” issues.  None of this matters.  The only thing that matters is that there are Jews in desperate need of help – and so we help them.

When Hatzalah members have been called, they did not first ask about the patient’s level of observance, how he or she dresses, which candidate the patient supports, or which subgroup the patient belongs to.  This is all immaterial.  What’s important is that there is a Jew who needs urgent medical attention.

In the Zoom classes that I have been privileged to teach during this pandemic, I have seen Jews of all backgrounds and stripes.  I did not ask the participants to describe their level of observance or their ideology.  I was pleased that there were precious Jews who sought to learn Torah, and I was honored to share words of Torah with them all.

Just as this crisis has helped us reconsider our priorities in our lives, it has helped reconsider our attitudes towards one another.  It has helped put our differences in religious practice and outlook into perspective.  Of course, we should all follow our rabbis’ advice and guidance, and adhere to it with pride and conviction.  But as far as our respect and love for others is concerned, these things really do not matter that much.  There is no reason to dislike or disrespect somebody because their practices and outlooks differ from ours.  The current crisis has helped us recognize this by pulling our minds away from the “havleh hazman,” from the silliness and pettiness, the small disagreements which obscured the larger picture.  It has helped us see more clearly how we all are together, that we are committed to one another and are all part of one family.

Hacham Baruch Ben-Haim would frequently cite the sages’ teaching that when the Jewish Nation is united, and living peacefully with one another, without fighting, backstabbing or competition, then the Satan has no power against us.  Even if Jews worship idols, the Satan cannot cause them any harm if they are united, as the verse states in Hoshea (4:17), “Havur atzabim Efrayim hanah lo” – even if Efrayim (a reference to the Jewish Nation) is attached to idols, the Satan leaves them alone if they live in peace and unity.

We pray that in the merit of our unity, and of all the countless, extraordinary acts of hesed that are being performed by our community each and every day during these trying times, we will be spared further hardship and suffering, all the grieving families shall find comfort, all the ill patients shall be cured, and we will soon be able to leave our homes and join together in festive celebration to greet Mashiah, amen.

* Excerpted from Rabbi Mansour’s recorded lecture before Pesach, 5780 (2020).

 

Mourning the Loss of Rabbi Eliyahu Bakshi-Doron, Former Sephardic Chief Rabbi of Israel

The Torah world, especially the Sephardic community, mourns the passing of the Rishon LeTzion Hagaon Rabbi Eliyahu Bakshi-Doron, zt”l, who passed away on April 12th after complications from the coronavirus in the Shaare Zedek hospital, at the age of 79.

Rabbi Bakshi-Doron was born in Yerushalayim in 1941 to Ben-Zion Bakshi-Doron, an Iranian Jewish immigrant, and Tova, who immigrated from Aleppo, Syria. He had one older brother, a younger brother, and a sister.

As a bachur, he learned at Yeshivat HaDarom in Rechovot, under the tutelage of Hagaon Harav Meir Zvi Bergman, shlita, and later in Yeshivat Chevron and in Kollel Kol Yaakov in Yerushalayim. In his younger years, he served as a maggid shiur in Yeshivat Porat Yosef in Yerushalayim.

When the rabbi came of age, he married Rabbanit Esther, a”h, daughter of the former Chief Rabbi of Akko Harav Shalom Lopes, zt”l. They had ten children. His wife passed away in Nissan 5765/2005.

Start of Rabbinic Career

Rabbi Eliyahu Bakshi-Doron greeting Hacham Ovadia Yosef.

In 1970, Harav Bakshi-Doron started his rabbinic career, when he was appointed Rav of the neighborhoods of Ramat HaNasi and Ramat Yosef in Bat Yam. He was later appointed as Sephardic Chief Rabbi of Bat Yam, in 1972, and in 1975, he was appointed Sephardic Chief Rabbi of Haifa, where he remained for 18 years.

In 1993, Harav Bakshi-Doron was appointed to the post of Rishon LeTzion, Sephardic Chief Rabbi of Israel. He served his term concurrently with Ashkenazi Chief Rabbi Harav Yisrael Meir Lau, shlita. He held this post until 2003.

He was very close with all the Sephardic Rabbanim and Gedolim in Israel, notably with Hacham Ovadia Yosef, zt”l – whom he succeeded as Rishon LeTzion.

Rabbi Bakshi-Doron wrote numerous sefarim, including Sheilot U’Teshuvot Binyan Av, as well as sefarim on the Torah.

True Baal Hesed

Rabbi Bakshi-Doron and his wife always had their hands outstretched to the poor. Their home, with their ten children in their care, was always open to guests. The poor and needy ate at their home every Shabbat and Yom Tov. They ran tzedakah funds that distributed bridal needs to kallahs. Dozens of requests arrived every day and they would meet their needs. On Erev Pesach, they distributed tens of thousands of dollars to the needy.

Rabbi Bakshi-Doron is survived by his ten children, sons and daughters married to talmidei hachamim, and grandchildren, all following in his footsteps.

Yehi zichro baruch.

 

PROPEL – Current Situation Allowing Women to Focus, Assess, and Obtain Skills

Alissa Shams and Randi Eisenstein, Co-Executive Directors of PROPEL

It doesn’t take an expert to discern that life has become more challenging. Our children are attending virtual school at home, which requires monitoring by parents. Chores, including preparation of meals and laundry, are taking up a significant amount of our days. Family members are carving out their own work spaces in their homes. But despite the current challenges, the advent of social distancing has allowed people to take more time to focus on those things that, under normal circumstances, wouldn’t have been a priority.

“Listening” is the first thing that comes to mind. For the last few years, many people found it hard to be fully attentive while being addressed by a peer. Whether it be in the classroom or at the dining room table, life’s many distractions usually made attentiveness an impossibility.

Nowadays, however, life has obviously slowed down. Although news of the virus keeps pouring in, most of us find ourselves surrounded by only one cohort: family. With nowhere to go, we are now able to spend real, quality time with our families. We have heard from many that they actually feel calmer being surrounded exclusively by loved ones.

Resilience is another thing that comes to mind. In the documentary Defiance, a group of Jews flee into the forest during the Holocaust and wind up becoming partisans. They ultimately survive the Nazis – and yet they did so not only by fighting, but also by building a community. Everyone in the forest contributed their skills for the sake of the wider community. Consequently, they were able to survive and thrive.

Now, more than ever, individual, family, community, and organizational resilience will be tested. We must all reflect and assess our own abilities in an effort to help those around us. Likewise, we should take it upon ourselves to acquire new skills to advance and become more productive to help our families and our community.

PROPEL is proud to report that many of our clients are taking the time to do just that. Women involved in technology careers are now taking online courses in web development, while graphic designers are now taking advanced courses to finesse their skills. Additionally, PROPEL clients are taking online classes in interior design, bookkeeping, and Microsoft Office certification. Women are moving forward!

This past month, PROPEL launched a “Let’s Chat” Zoom evening series connecting with our clients and other community members. It is heartwarming to hear young mothers describe their achieving a new balance of working at home while caring for their children and maintaining their households. It has not been easy, but they are appreciating some accomplishments and quality family time.

Ellen Ades, our career coach, has been speaking with multitudes of women in a variety of circumstances.  Ellen advises, “Be kind to yourself and to each other. Each household is like its own small company; there must be organization and cooperation. Everyone has to contribute.” Strongly believing that there is greatness inherent in each individual, Ellen further advises women to “navigate one day at a time, and try practicing gratitude regularly.” Ellen says, “I have nothing but admiration and respect for the women managing so many responsibilities at once.”

PROPEL understands that home demands have increased for everyone, but we nevertheless have confidence in the ability of women to continue balancing those obligations with their professional lives.

The team at PROPEL is here to listen and advise. Whether it be for a new client or an old friend, we are waiting to help you figure out your next steps professionally.

If you are interested in a career, please reach out to PROPEL and we can help you fulfill your professional goal.

PROPEL 646-494-0822 | info@thepropelnetwork.org

 

 

The “Doctor” Who Can Cure Everything

“May it be Your will Hashem, that this heals me because I know You are the real doctor.”

Rabbi David Ashear

A person suffering from a headache can take a Tylenol to ease the pain. If someone has a toothache, he can go to the dentist to solve the problem. If a person’s eyes are bothering him, he gets treated by an ophthalmologist. But what if, Heaven forbid, someone lost his eyesight? To whom does he turn for help?

The pasuk in Tehillim (146:8) says that Hashem gives sight to the blind. Before the Jewish people received the Torah at Mount Sinai, Hashem restored the eyesight of all blind members of the nation. Similarly, Chazal relate that when Rabbi Matya ben Harash lost his vision, Hashem sent the angel Raphael to restore it.

Hacham Yitzhak Yosef tells that one morning around Pesach time in 1975, his father, Hacham Ovadia Yosef, zt”l, woke up unable to see properly. The little he was able to see was black and white. Hacham Ovadia described it as though a foreign object blocked his eyes. As time went on, his condition grew worse to the point where he was no longer able to read. He experienced immense pain whenever his eyes were exposed to a ray of light. He had to deliver his classes in the dark. Hacham Yitzhak said that he had never seen his father pray without a minyan until that time, when he decided to start praying Arbit in solitude so he could extend the tefillah. He would stand in a corner and pour his heart out to Hashem, praying with sobering that cannot be described. He also went to Tzefat for several days, and he spent several hours each day while he was there praying at the gravesite of Rav Yosef Karo. Miraculously, his eyesight was restored. Although he still had to wear dark glasses he was able to see, read, and write normally.

Even if the doctors believe nothing can be done, it does not deter us from praying, because we know that Hashem is “the Creator of healing” and He can create a cure from nothing.

If someone’s chest hurts he can see a cardiologist. But if someone’s heart is broken, whom can he go to? Hashem is described (Tehillim 147:3) as the healer of the brokenhearted. If a person experiences emotional pain and cannot overcome his depression, he can approach the greatest Healer of all and beg for help. Hashem cures emotional distress – conditions that no doctor or other professional can heal. In addition, He brings these cures in miraculous fashion.

The Sages teach, “Hashem prepares the cure from the wound itself.” And we thus pray each day in the Amidah, “Cure us, Hashem and we will be cured.” The Zohar explains that when the healing comes from Hashem, it is permanent and everlasting; there are no relapses. The Shulchan Aruch (230) rules that when a person visits a physician for treatment or takes medicine, he should say, “May it be Your will Hashem, that this heals me because I know You are the real doctor.” We need to realize that ultimately our health is restored by Hashem.

The Bnei Yissachar writes that if an ill patient who has been unsuccessfully seeking treatment is asked, “How is it going? And he responds “Baruch Hashem, I know Hashem is the Healer, and He can cure me in an instant,” this is a great segulah for restoring health.

May we recognize that all healing and salvation comes only from Hashem, and fully believe with complete faith that it is never too late, and we can always be helped.