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Tapping Into Wisdom: The Curious World of Woodpeckers and NUDNIKS

By Tuvia Cohen 

If this describes you, please don’t feel offended… 

One of the most popular words in the expressive Yiddish language is the word “nudnik.” Even more popular than the word are the examples of the word. One classic nudnik is someone who, when innocently asked, “How are you?” spends the next half-hour telling you. Another species of nudnik is someone who calls you at 2am and asks, “Did I wake you?” Another favorite question from this rare breed is: “Why is it that the hallah knife can cut through the hallah, but hallah can never cut through the knife?”

In truth, although this type of question drives people crazy, it is quite legitimate. If you never observe simple phenomena, you will never discern wisdom and design in creation. Similarly, if you do not have the type of mind that asks irritating questions, you will never invent anything. 

Many inventions appear so simple that we take them for granted. For example, before there were zippers, buttons, or other fasteners, people fastened their clothes with large pins. But pins caused problems. Their sharp points were dangerous, and could easily slip out and cause injury. The solution? Go and invent something! 

An Innovative Inventor

Listen to an interesting story. Walter Hunt was an American who thought up many inventions, which he usually patented. Since a patent application normally included drawings, and Mr. Hunt could not draw, he had to employ the services of an artist, to whom he was usually in debt. The artist agreed to wipe out the debts if Walter Hunt would give him sole rights to whatever he could make out of a length of old wire. Hunt came up with the safety pin, and the artist became a rich man!

Inventions may seem simple, once they have been invented. But analyze any invention that you like, from a safety pin to a zipper (first patented in 1893), and perforce you will admit that without a great deal of inquisitiveness coupled with intelligence, that invention would never have seen the light of day.

Problem Solver

In that case, you will appreciate the following problem. Sometimes you need to hang a picture on the wall, and you cannot find the hammer, let alone nails, and your neighbor borrowed the ladder, and naturally, failed to return it. Could you please invent a method whereby you can climb up the wall without a ladder, grip the wall securely with your feet, and bang a hole into the wall with your nose? You will react with disbelief, and quite rightly so. I can understand that wood can be fashioned into a ladder, and metal into a drill, but that you should be able to transform yourself into both a flying creature and a human drill simultaneously, sounds like something from science fiction. Is such a thing possible?

Not only is this possible, but it is so common that, like the humble safety pin, it is almost taken for granted. 

Knock, Knock 

Enter the woodpecker…

Woodpeckers are the only creatures that spend most of their waking hours banging their heads against wood. They do this because of the role that they have been given in the animal world, gleaning insects from under the bark of trees. They have the rare distinction of being the only living things able to locate and eradicate these insect hordes. 

The woodpecker deserves our respect for its vital role. It is tremendously important to the woodland economy, for it strips dead trees of their bark and prevents the spread of carpenter-ant colonies to sound trees nearby. Woodpeckers can be unbelievably efficient: a large woodpecker once removed 30 feet of bark in less than 15 minutes. And its appetite matches its efficiency. Examination of the stomach contents of one bird revealed 2,600 carpenter ants!

Divine Design

Every part of the woodpecker’s body is directed toward the sole object of hewing wood. Its legs are short and powerful, and they grasp the bark with a unique arrangement of sharply pointed toes – two toes point forward, two backward, forming a gripping pair of tongs on each foot. So there you have it – if you want to climb the wall without a ladder, just tell your body to please comply and grow a pair of wings, and then to rearrange its toes in the manner described. If the woodpecker can do it, why can’t you?! 

The woodpecker’s tail sits firmly against the tree trunk, acting as a brace, propping and steadying the bird as it delivers jackhammer blows with its bill. The middle pair of those tail feathers is unusually strong, and remarkably, these feathers, which are the main props, do not fall out during molting until all the other tail feathers have been replaced and can support the weight of the bird. You really do not have to look hard for evidence of design in anything; you just have to open your eyes – it’s right there for you to see.

Slamming Your Head Against a Wall

And now for the biggest problem of all. Try to slam your head against an unyielding wall. Once will give you a headache, twice a migraine, three times a severe concussion. How about banging your head against the wall at the rate of 100 times a minute? How would you protect your brain from irreparable damage? Woodpeckers do this without any problem. You will never find woodpeckers with concussions lying dazed at the foot of the tree, nor have there ever been any like that, for the little bird is perfectly equipped for slamming its head against wood without any injury whatsoever.

The beak is straight, very hard, and pointed. The skull that drives it is unusually thick and is moved by powerful neck muscles. But that’s not even the amazing part. The bones between the beak and skull are not rigidly joined, as they are in most other birds. Instead, the connective tissue is spongy and elastic, serving as a shock absorber. When you bear in mind that shock absorbers were not introduced into moving vehicles until well into the 20th century, it becomes apparent that a system of shock absorbers built into the head is anything but simple. 

Master Builder and Engineer

The woodpecker wonders don’t end there. The woodpecker’s ability to locate insects is uncanny, and for this it has been endowed with an acute sense of hearing. 

After the bird taps on the trunk, it pauses a moment, waiting to hear whether the tapping has disturbed any insects hidden inside. Once a bird has found a place where the sound indicates that further investigation is necessary, its taps become sharper. Then, as it zeroes in on the insects, the bark begins to fly. 

Woodpeckers have an exceptional skill for gauging the strength of the wood in which they find their feast, and in which they nest. More than half the weight of the tree trunk may be above their excavation, yet they dig the hole in such a way that it does not place a strain on the tree. 

Rain and wind are kept out of the woodpecker’s nest by drilling the entry passage upward before turning downward to hollow out the long, vertical nesting cavity. Who taught them these advanced building and engineering skills?

Talented Tongue

Of all the tools in its small body, the woodpecker’s tongue is the most remarkable. It is very long – in some cases four times as long as the beak – and can be flicked in and out like a snake’s. 

The tongue is pliable and dexterous, and can wind itself around the curves and bends of the insect galleries. Examine its tongue closely and you will see that it is pointed and has barbs on the tip like little fishhooks. It is used to impale grubs and pull them out of their galleries. 

The tip of the tongue is coated with a sticky substance that the woodpecker uses as bait to catch ants. The ants rush forward to attack what appears to be a worm climbing into their nest, and there they remain, stuck to the hungry woodpecker’s tongue. 

One species of woodpecker has an especially unique way of obtaining its food. It drills a series of small holes close together into the bark of trees, and licks the fountains of sap. The fountains also attract insects, which are then added to the diet without the necessity of drilling for them. 

Because of their wondrous equipment, woodpeckers can dig out insects both in winter and summer. Consequently, their migrations are of limited range. Many survive the winter by living on acorns and nuts that they have stored. 

Nudniks Are Welcome

Never be afraid of being described as a nudnik. If you don’t observe, and you don’t ask unusual questions, your mind will remain so closed to the wonders of the Creator that fill the universe that not even the woodpecker will be able to open it.

Walter Hunt 

Walter Hunt was one of the most prolific inventors in American history. His inventions include the safety pin, the sewing machine, the fountain pen, ice breakers for ships, repeating rifles, nail making machines, safety lamps, and many others. So why doesn’t every person know his name? Unfortunately, every time he had a stroke of inventing genius, he sold it to pay off debts or simply to provide food and shelter for his family.  

Drumming Detectives

The woodpecker’s ability to locate insects is uncanny. After the bird taps on the trunk, it pauses a moment, waiting to hear whether the tapping has disturbed any insects hidden inside. Once a bird has found a place where the sound indicates that further investigation is necessary, its taps become sharper. Then, as it zeroes in on the insects, the bark begins to fly.

Divine Design

The woodpecker’s tongue can be four times as long as its beak. The tongue is pliable and dexterous, and is able to wind itself around the curves and bends of the insect galleries. In addition, the tip of the tongue is coated with a sticky substance. It uses its sticky tongue as bait to catch ants. The ants rush forward to attack what appears to be a worm climbing into their nest, and there they remain, stuck to the hungry woodpecker’s tongue.

The Final Rectification

Rabbi David Ashear

 

The Final Rectification

The Shomer Emunim (Vol. 1) revealed a secret in the name of the great mekubal Rav Tzvi Aryeh of Alik.

There was once a gathering in Heaven of all souls who had already gone through this world numerous times. Nevertheless, they had yet achieved their tikkun (rectification) to be granted their position in Olam Haba. These souls asked Hashem, “What else can we do? Please give us another chance!” Hashem responded, “When it comes time for the final generation before Mashiah, all of you will be sent back to the world and will have one final opportunity. You will face many tests, especially in emunah, and My Presence will be hidden. If during that time you can retain your emunah and believe that I am behind everything that happens, that will be your ultimate tikkun.”

Our rabbis tell us that we are those souls, and this is the final generation. We live in a world that does not recognize Hashem. We see things that don’t make sense. We hear of tragedies, lo aleinu, of people dying young, of so much suffering. We want to ask why. However, it is all part of Hashem’s Master Plan, with the single goal of bringing everyone to fulfill their ultimate purpose – to live forever with Him in the World to Come.

The Rambam writes that when a child passes away at a young age, it means that his mission in this world has been completed. He is ready to enjoy the delights of Gan Eden. B’ezrat Hashem, these challenges are not going to last much longer. The pasuk in Malachi 3:1 says that the Mashiah is going to come suddenly. And then, as the navi says (Yeshayah 26:19), the dead will emerge from their graves and families will be united. Our enemies will be wiped out and the Jewish people will live in peace and harmony. We have to believe that this could happen at any moment.

What does it mean that Mashiah will come suddenly?

Rav Chaim Volozhiner painted the following picture with his students:

Mashiah will arrive on an ordinary day, like today. We will be involved in our regular routines. I will go home after Shaharit for breakfast and to prepare my shiur as usual. My wife will go to the market as always, and she’ll remind me to keep an eye on the soup so it doesn’t burn. Suddenly, while preparing for the shiur, I’m going to feel the sun shining with unusual brightness and hear the birds singing the most beautiful melodies. The trees will be in full bloom, more beautiful than ever. There’s going to be a lot of commotion in the streets.

I will go outside and see one of the neighbors running.

“What’s going on?” I’ll ask him, and he’ll answer, “Didn’t you hear? Mashiah is here!”

I’ll run to the closet to change into my Shabbat clothes to greet Mashiah.

My wife will come home. “You forgot the soup!” she’ll announce, sniffing. “It’s burning!”

“Don’t worry about the soup!” I’ll joyously respond. “Mashiah is here!”

It’s going to be a joyous times! Until then, our task is to believe that Hashem is running the world, He is here with us. He is causing everything to happen, and He does everything for our benefit. Having emunah in our generation will be our final tikkun, and b’ezrat Hashem, it will bring the Redemption. Chazal tell us (Yalkut Shimoni, Hoshea 519) that we were redeemed from Egypt in the merit of our emunah, and our future Redemption will also come in the merit of emunah.

Community Highlights – Mastering Masechet Beitzah with Oraysa Amud V’Chazarah

In a few days, Lomdei Oraysa across the globe will be celebrating the completion of Masechet Sukkah with the Oraysa program. 

With its many practical sugyot relating to the mitzvot of the yom tov of Sukkot, the completion of Masechet Sukkah is truly a cause for celebration.

Immediately following learning Masechet Sukkah, Oraysa lomdim will begin the next Masechta – Masechet Beitzah.

Beitzah is especially exciting because the timing of this Masechta coincides beautifully with the calendar, as it deals with hilchot yom tov and begins right before Tishrei.

Participants describe the immense satisfaction that they receive from the innovative program that calls for the studying of one new amud a day, five days a week, reviewing the previous day’s amud, with Friday and Shabbat dedicated to reviewing the week’s limud. With this format, each amud of Gemara is learned and mastered. 

Oraysa Lomdim say that the program has changed their lives, raising the bar of their learning to new heights, with new chaburot and shiurim forming in more and more locations and cities around the world. 

On a local level, Oraysa has helped organize shiurim and chaburot across America, Canada, Israel, and Europe. Lomdei Oraysa know that wherever they find themselves, they are more than likely to find an Oraysa chaburah to join for the day. 

The start of Masechet Beitzah is a great time to get on board and benefit from all Oraysa has to offer. If you are looking to acquire a Masechta and gain daily satisfaction in your learning, Oraysa may just be the program you are looking for! 

To join Oraysa for Masechet Beitzah, for more information, to set up or join a shiur or chaburot in your neighbourhood, please contact Oraysa at 914.8.ORAYSA or email info@oraysa.org.

Senator Simha Felder Demands, “STOP THE HATE ON CAMPUS!”

In response to the frightening surge in anti-Semitic incidents on college and university campuses across New York State, Senator Simcha Felder sent letters to Senate Majority Leader Charles Schumer, Governor Kathy Hochul, and Mayor Eric Adams demanding the immediate implementation of independent monitors at all institutions receiving city, state, or federal funding.

Senator Felder wrote, “The complete antipathy toward rising anti-Semitic incidents and the abject failure of college administrators to provide safety on their campuses is deeply concerning. By having independent oversight, we can take concrete steps to safeguard Jewish students and, indeed, all students by preventing the dangerous influence of terrorist organizations like Hamas in our educational institutions.”

Senator Felder’s call for independent monitors represents a common-sense approach to protecting students across New York State by ensuring that colleges and universities remain safe, inclusive, and free from discrimination. Monitors provide a crucial layer of oversight and a clear way to implement rules and to enforce laws so that anti-Semitic behaviour is quickly and properly addressed.

Incidents of anti-Jewish harassment and violence have intensified following the Hamas October 7th attack in Israel. A federally designated terrorist organization, Hamas is notorious for its violence, incitement, and recruitment efforts, making it imperative for U.S. institutions to prevent any form of support or protection for its affiliates on American soil.

“Hamas just murdered six hostages including an American citizen, Hersh Polin-Goldberg. For nearly a year after blowing off his arm, they denied him medical treatment, starved, tortured, and finally executed him with bullets to the back of the head. Instead of protecting American students, instead of providing a plan to make sure no more Americans are murdered, we are allowing Hamas supporters to harass, intimidate, and threaten our students, incite violence against our citizens, recruit on our college campuses, and advocate for intifada terrorism on American soil. What on earth is going on?! These are not protected rights – this is illegal, it is dangerous, and it must be stopped immediately,” wrote Senator Felder.

Deal Day 2024 Brings Joy and Support to Chai Lifeline Children

Once again, our community rallied together in a show of unwavering support for the Chai Lifeline Sephardic Division as campers returned for another incredible Deal Day.
This year’s annual Deal Day event was nothing short of spectacular, featuring 450 dedicated volunteers, 122 campers, over 250 joyful guests, and the inspiring arrival of the Tour de Simcha – a group of women cyclists who rode into the event after raising crucial funds for Chai Lifeline. Their commitment and energy were a highlight of the day, symbolizing the powerful impact of community support.
Jack Tabbush, Director of Chai Lifeline’s Sephardic Division, emphasized the unique bond between Chai Lifeline and the community. “We are thrilled to partner with the community once again to bring simcha to children who need it most,” he said. “The Sephardic community has been a steadfast supporter of Chai Lifeline and Camp Simcha, and we are excited to continue building on that relationship to support even more children and families in need.”
This year, Deal Day was hosted at the home of Joyce Chehebar. The event kicked off with a variety of activity stations and carnival games spread across the beautiful beach, including everything from wax art to cotton candy, bounce houses, and so much more.
Rabbi Simcha Scholar, CEO of Chai Lifeline shares, “Deal Day provides an unforgettable experience for these children. The incredible support we receive from the Sephardic community enables us to continue providing critical care for children and families impacted by illness and crisis. We are deeply grateful for their ongoing friendship and partnership.”
Following a fully-catered dairy lunch and a lively concert, the children enjoyed water activities, more crafts, and a hibachi dinner. Before leaving, each child was treated to a major toy giveaway with gifts donated by the generous community, ensuring they took home a piece of the day’s magic.
For more information about the Sephardic Division or to learn how you can support this vital initiative, please visit www.chailifeline.org/sephardic or call 718-475-0002.

JetBlue Apologizes After Israel Is Labelled “Palestinian Territories” In Onboard Maps

On September 9th, JetBlue announced that it will change its onboard maps on all carriers to comply with U.S. guidelines for the Middle East, after facing public outrage over labelling Israel as “Palestinian Territories.”

In a public statement, JetBlue apologized for the mislabelling and assured that no one on the team was involved in drawing or labelling the map. The company explained that the map app was provided by a third-party company and that they were not previously aware of the issue.

JetBlue says it has decided to switch to a new map vendor and has asked the current vendor to adjust the onboard map to align with the U.S. government’s map guidance for the region. The changes will be made as quickly as the technology allows.

This incident is not the first time JetBlue has faced accusations of anti-Israel bias. Last April, a Jewish passenger was removed from a flight after complaining about a flight attendant wearing a “Free Palestine” pin on his uniform. JetBlue apologized at the time and announced a policy change.

SBH Offering Free Mental Health Guidance

Chef Shiri: Kids – See if you have what it takes to become a Junior Chef!

Adult Supervision Required

Utensils Needed:

  • Small saucepan
  • Large wooden spoon
  • Large glass bowl
  • Cutting board
  • Knife
  • Small wooden skewers
  • Pastry brush
  • Broiler pan
  • Foil

Ingredients:

  • 12 skinless, boneless chicken thighs
  • 1 red pepper – seeded and cut into chunks
  • 1 yellow pepper – seeded and cut into chunks

Barbecue Sauce:

  • 6 tbsp ketchup
  • 2 tbsp honey
  • 2 tbsp soy sauce
  • Grated zest and juice of 1 lime
  • 2 tsp freshly grated ginger
  • 2 tbsp brown sugar

Let’s Get Started!

  1. Place all the ingredients for the barbecue sauce in a small pan. Bring to a boil, then simmer for 2 minutes, stirring until the sugar has dissolved. Let cool.
  2. Cut each chicken thigh into 2 or 3 pieces. Place the cooled barbecue sauce in a large bowl.
  3. Add the chicken, stir to coat, then let marinate for about 30 minutes.
  4. Thread 2 to 3 pieces of chicken onto the wooden skewers with pieces of red and yellow bell peppers. Repeat until the chicken and peppers have been used up.
  5. Line the bottom of a broiler pan with foil, then broil for 10 to 12 minutes, turning and brushing with the barbecue sauce, until the chicken is thoroughly cooked.  (To make sure the chicken is fully cooked, pierce it with a fork to see if the juices run clear.)

Fun Food Fact Bell peppers come in different colors, including green, red, yellow, orange, and even purple. The color depends on the stage of maturity. Green bell peppers are harvested when unripe, while red, yellow, and orange ones are fully ripened versions of the same variety.

BBQ Chicken Kabobs

Chef Shiri Says…  Remember to soak the wooden skewers in water for 30 minutes to prevent them from burning.

No Forks Allowed! In Gainesville, Georgia, you have to eat fried chicken with your bare hands. Eating it by any other method is illegal!

Habayit – Home Away from Home

Ellen Geller Kamaras 

 

“Habayit performs three important mitzvot all wrapped in one organization: hachnasat orchim (hospitality), hesed (kindness), and bikur holim (visiting and aiding the sick).”  ~~ A Habayit founder ~~

Our community is blessed to be home to a phenomenal hesed organization that provides short-term furnished apartments for people who travel to New York City for medical treatment or surgery.  Guests (clients) come from all over the world for essential and life-saving treatments. 

Habayit, Home Away from Home,  has 14 beautiful apartments in NYC including a new apartment close to the Upper East Side hospitals. Exciting plans are in process to build a permanent Habayit home. 

 

Brooklyn Realtors Step Up to the Plate 

Habayit, from the Hebrew word “the home,” was launched approximately two-and-a-half years ago by a group of Brooklyn realtors.  

These real estate agents frequently received calls regarding short-term leases for individuals who would be traveling from abroad to undergo medical treatments in New York.   

Procuring these types of rentals was nearly impossible.  Apartment rentals for temporary stays were practically non-existent in our community and many of those who needed housing did not have the financial means to pay rent.  Even if they could find landlords willing to provide short-term leases, the apartments would unsuitable as they were unfurnished. 

In late 2021, these realtors found a solution.  When I heard about what they did for an elderly couple, I was in tears.  The concept from Pirkei Avot of one mitzvah/good deed bringing on another one, was beautifully demonstrated by the realtors.  An elderly couple lived in a very neglected and unsafe house. They needed to sell and move to a rental apartment.   

The realtors arranged for the couple to move and generously paid the couple’s rent while they took care of getting the house sold.  When the sale was finalized, the realtors used their commission to lease a “hesed apartment” for out-of-towners who needed a place to stay while they underwent surgery or treatment in NYC.  Brainstorming with friends, the agents came up with the name for their new endeavor, Habayit, Home Away from Home.  They created a place where all visitors can truly feel at home. 

I learned about Habayit when my editor asked me to interview one of its founders and to share their awesome work with our readers. 

Anyone who has been sick or has had a loved one in a hospital for an extended period can understand how meaningful Habayit’s services are. Several years ago, I was able to stay in a similar hesed apartment provided by the Lakewood Bikur Holim Friendship House while my husband was at Weill Cornell Hospital. The experience, including proximity to the hospital, comfort, and kosher food, was priceless.  It is no surprise that Habayit and Friendship House collaborate to provide housing when needed.  RCCS, Chai Lifeline, and the Sephardic Cancer Center also refer clients to Habayit.  The primary source for referrals is by word-of-mouth. 

 

Community Volunteers  

And, Habayit volunteers from the community do all the work needed to set up the apartments including painting, updating the kitchen, and cleaning.  All the furniture, linens, dishes, cutlery, pots and pans, toys, books, siddurim, and sefarim are donated by community members.  Donors even sponsor Uber rides for patients to go to and from the hospital for treatment.   

Each apartment is stocked with food for a week. A list of resources is provided,  including information about local supermarkets and shuls. Community members also host Shabbat and holiday meals for extended stays and cook food for the visiting family for their first week.  Captains and volunteers continue to support and check in with guests during their stay. 

 

A Beautiful System 

A captain is assigned to each hesed apartment to ensure everything is in place for the guest(s) and to help the individual, couple, or family settle into their apartment.  At times, a family with a sick child will move to NY for a prolonged period.  This means enrolling the other children in yeshivot here. The relocation of the entire family often results in loss of income for one or both parents. 

Habayit does not charge for their hesed apartments.  If the clients can afford it, donations are welcome.   Each case is strictly verified by Habayit management to ensure that housing is required for a legitimate medical case. 

Incoming calls are handled by Habayit’s office manager, Beth.  She helps pick the appropriate apartment for each case and notifies the apartment captain of the upcoming guests.  Welcome baskets are provided by Miss Hesssed Foundation, a team of cooks who provide delicious, strictly kosher food for those going through medical treatment.  700 volunteers are on call, available to prepare the apartment for a family.  Often, those who support or volunteer for Habayit traveled for surgery themselves or for a family member. 

One of the owners of a hesed apartment approached Habayit, expressing a strong desire to be involved with Habayit and to lease an apartment to them.  He recalled having to live in Boston with his family while his father was in the hospital there. 

 

Providing for an Array of Guests 

Habayit’s first guests were the family of a baby born with a cleft palate.  One of the volunteers who helped prepare this apartment had a cleft palate when she was a baby.  Her family took her from Syria to New York for the surgeries and they lived in a different house each time. She believes it was hashgachat pratit that she was blessed to help Habayit settle this family. 

Since its founding in 2022, Habayit has helped approximately 200 families, including families who came to  NYC for fertility treatments. Baruch Hashem, three children were born to these families.  Habayit guests traveled to NY for a range of treatments including surgeries, chemotherapy, kidney transplants, cleft palate surgeries, infertility treatments, and more. 

Some of the apartments dedicated for long-term stays for a couple or family, and other  apartments, near the major hospitals on the Upper East Side of Manhattan, are designated for spouses or family members that need to be close to loved ones staying in the hospital. They are also used by the family members on Shabbat. 

 

Rabbi Shlomo Farhi’s Praise for Habayit 

Rabbi Shlomo Farhi spoke about Habayit at a recent fundraiser in Deal.  He gave a class in honor of this outstanding organization and said it is a gift to be born into our community.   Rabbi Farhi described the calls he receives from panicked community members saying they must stay in Manhattan for medical treatment.  Where will they stay?  Is there kosher food available?  Rabbi Farhi responded that the answer to their problems is a simple four letter word in Hebrew, הבית.   

The key takeaway from his talk was that the secret ingredient to a home is knowing that someone will always be there for you. 

Habayit was there for a couple who had been trying to have children for 12 years.  They traveled from Israel and spent a year in Brooklyn living in a basement apartment. Unfortunately their treatments were not successful.  The couple booked the apartment again for another round of treatments and found out on the plane ride that the landlord had given their apartment away.  Someone found them an apartment that was small and was not clean.  They received a call that a friend of theirs was able to secure an apartment for them with Habayit.  They could not believe how beautiful the apartment was and how it was fully stocked with everything they could need.  One year later, a large group of Habayit’s team attended the baby’s brit milah in Israel. 

Rabbi Farhi also spoke about a woman who came from Canada and stayed in a Habayit apartment. She had a brain tumor, and the recommended surgery was very dangerous and could lead to the loss of both her eyesight and hearing.  After the surgery, she screams that she can see and hear!  It turns out, everyone in the community said Tehillim for her.  A second person had the same experience in that very apartment. 

“The miracles are coming from the volunteers who are lovingly preparing the apartment.  These apartments are homes of love and hesed, the power of love and concern bring yeshuot, salvation.  A home is a warm embrace, something that envelopes you – it can do miraculous things and be a haven.  When we build a house, we build it with righteousness and kindness and to serve Hashem.  Habayit prepares these apartments for one purpose – to use for the mitzvot of hesed and hachnasat orchim.  The apartments are infused with kedusha.” 

 

Partner with Habayit 

We are responsible for each other – Kol Yisrael arevim zeh la-zeh.   

Please help Habayit continue its hesed, tikkun olam, and life-saving work.  It cannot continue without donations and the support from volunteers.  The need for funds to pay Habayit’s expenses is great. Operating expenditures include rent, utilities, cleaning, repairs, food, supplies, toys, dishes/pots/pans, and more.

To partner with Habayit, visit https://www.habayit.org/donate.  Donate by Venmo @habayit-homeawayfrom home or Zelle: habayitny@gmail.com. 

For donations and sponsorship opportunities to participate in the upcoming building of Habayit’s permanent home, please call Eva at 917-579-2564. 

To volunteer for Habayit, please call Beth at 580-422-2948.

Follow Habayit on Instagram @habayit_homeawayfromhome.

 

TESTIMONIALS

The following moving testimonials and hakarat hatov from Habayit guests speak for themselves and express the life-saving and tender loving care provided by Habayit.  They reference ahavat hinam (unconditional love), the beauty of the apartments, the kindness and generosity of the Habayit staff, and the angels who saved their lives. 

 

“The apartment is beautiful! I’m moved to tears! No words to thank you all!!!!!” 

 

“Thank you to the Habayit members tszadikim (righteous ones) for ALL THAT YOU DID FOR ME!  May Hashem bless you with full berachot!! For 120 years!” 

 

“Incredible hesed! Not enough words!” 

 

“We will be coming back in January for CT scans for a week.  Please let me know if something will be available.  We don’t know how to thank you.  Bless you and your group for all the hesed you did for us!” 

 

“Most people would probably be okay with any apartment even if it’s falling apart as long as they have somewhere to stay.  It makes such a difference that the place is beautiful.” 

    

“How can we ever thank you for your unbelievable kindness and hesed? My family and I are eternally grateful for the warm and comfortable home away from home that you provided for them for so many months.  Every detail was perfect.  May you all be blessed by Hashem.” 

 

“I’m back in your beautiful apartment! It is a blessing I won’t take for granted. You should be saved from the birth pangs of Mashiach!” 

 

“It’s very nice to know that there is one more Jewish brother who offers his hand.  All the Habayit people are malachim (angels). May Hashem bless you and send you what your heart wants.” 

 

Tov lehodot le Hashem. We are getting better each day.  If we didn’t have your help, it wouldn’t be possible.” 

 

“Hashem, the doctors, RCCS, and Habayit made a miracle for me and my family.” 

 

“I am in tears. Without your organization I would have been lost!” 

 

“My kids are forever grateful to visit their grandparents who live in a different country.  We created beautiful memories. You gave my father a place to recover, and my mother a comfortable place while tending to my dad’s needs.  It is beyond beautiful, fully equipped with more than we could ever imagine.  You help in the most dignified way.  Caring for another Jew with so much ahavat hinam. May Hashem give you the strength to continue making the world a better place.” 

 

“You are helping me to save my life.  I am forever grateful.” 

 

“If only we got a roof over our heads – it would have been enough for us! Dayenu!!  If we got a luxurious and comfortable apartment – it would have been enough for us! Dayenu!! If they only filled our refrigerator – it would have been enough for us! Dayenu!!  If only they would call to ask what’s going on, and if we’re okay – it would have been enough for us! Dayenu!!  If only they had invited us to Shabbat – it would have been enough for us! Dayenu!! If only we were invited for a holiday – it would have been enough for us!  Dayenu!!” 

 

“There are no words to thank you. I don’t know a place in the world that cares so much about the well-being of another Yehudi.  When we decided to come, we didn’t know where we would be sleeping or eating.” 

 

“We have a hesed organization, Shaare Hesed, in Panama and we learned how to improve it greatly from you.”   

 

“You made our stay very easy, very pleasurable, and provide a unique service and at no cost.” 

 

“Thank you for anticipating the arrival of the Mashiach with your beautiful acts.”  

 

“Thank you Habayit for unlimited help, always with a smile and the best facilities.  You made us feel at home and part of the community.  Without Habayit it would have been very complicated and excessively expensive.” 

 

“You helped us unconditionally in the most difficult moments.” 

 

“You are a miracle! 

 

“They were so organized and delivered wonderful meals.”   

 

“Habayit staff called to ensure I arrived home safely. Thank you to those who sponsored the rides to the hospital and the woman who washed/styled my wig.  Habayit isn’t a 5-Star hotel. Habayit is hesed, love, protection, caring, compassion, friendship, connection, and strength. It’s home and family.” 

Are We Rebels??

Sephardic practice is to arise early each weekday morning throughout the month of Elul for the recitation of Selihot, beseeching Gd for forgiveness in preparation for Rosh Hashanah, the day when we are judged for the coming year.  At one point during this service, the hazzan exclaims, “L’Hashem Elokenu harahamim vehaselihot – Hashem our Gd has compassion and forgiveness,” to which the congregation responds by pronouncing, “Ki maradnu vo – For we have rebelled against Him!” 

This confession to having “rebelled” is included also in the Ana section, where we describe our shortcomings with many different verbs (following the sequence of the Hebrew alphabet), including “maradnu.” 

Let us take a moment to try to understand the meaning of this confession. 

Are we really being fair to ourselves by saying that we are “rebels”?  We have all learned about rebellions.  King David’s son, Avshalom, rebelled against him, violently chasing David and his men from the palace and seizing the throne.  Twice during the Romans’ rule over Eretz Yisrael, the Jews launched a revolt, attempting (unsuccessfully) to drive the Romans out of the land.  In 1917, the communists in Russia rebelled against the Czar and took power over the country. 

Are we guilty of this kind of “rebellion”?  Have we ever made any sort of attempt to “dethrone” Gd?  Have we rejected His right to the rule the world, and attempted to rule it ourselves? 

What do we mean when we confess, “Ki maradnu vo”? 

 

The Annual Coronation 

This question becomes even more significant when we consider that this notion of “rebellion” is actually central to our yearly observance of Rosh Hashanah. 

The dominant theme of Rosh Hashanah, clearly, is malchut – Gd’s kingship over the world.  The majority of our prayer service on Rosh Hashanah is devoted to this theme, expressing praise to Gd and proclaiming Him as the sole Ruler over the universe.  Essentially, Rosh Hashanah is our annual coronation ceremony, when we formally and jubilantly “crown” the Almighty as King. 

This gives rise to an interesting question. 

Just two years ago, the entire world was abuzz when Great Britain crowned a new king – King Charles III.  Last year – one year after the coronation – this event was not repeated.  Neither is it being repeated this year.  And it won’t occur next year.  Once a king is formally crowned as king, he does not require such a ceremony again.  A king is crowned just once, and he remains king for the rest of his life. 

It is thus perhaps reasonable to ask why we observe Rosh Hashanah, Gd’s coronation, each and every year.  Why is this necessary?  Why don’t we each simply proclaim Gd as king once in our life, perhaps at the time of the bar-mitzvah?  Why does Gd, unlike human kings, require a new coronation every year? 

We can find the answer to our question by looking at the first story in the Tanach about the coronation of a human king. 

The first king of Israel was Shaul, who was chosen by Gd Himself, and who was formally crowned at a national ceremony conducted by the prophet Shmuel, as we read in the Book of Shmuel I (chapter 10).  Surprisingly, however, not too long thereafter, Shmuel summoned the people to assemble in Gilgal to renew the crowning of Shaul as king (“Lechu venelchah haGilgal unehadesh sham hameluchah” – Shmuel I 11:14).  Here we have a clear precedent for a repeated coronation, for conducting a formal crowning of a king a second time.   

Understanding why Shaul required a second coronation might thus shed some light on the nature of our yearly celebration of Rosh Hashanah, the need to crown Gd as king each year. 

The explanation emerges from the verses that appear immediately following the story of Shaul’s initial coronation.  There we read of cynics who mocked and ridiculed Shaul.  They felt he was unworthy of the kingship, and they derisively asked, “Mah yoshienu zeh – How is this person going to save us [from our enemies]?” (Shmuel I 10:27).  They felt that Shaul was too humble and feeble to defeat the powerful nations that threatened Beneh Yisrael.  Shaul’s reign was challenged, as some segments of the population questioned his suitability.  Later, however, Shaul led a successful war against the enemy nation of Amon, thereby putting to rest all doubts about his capabilities.  At that point, Shmuel called for a second coronation, as the first had been undone by the king’s critics. 

This is why we must crown Gd as king each and every year.  Since last Rosh Hashanah, we, like the cynics who ridiculed Shaul, have challenged Gd’s rule.  We “rebelled” against Him by disobeying His commands.  Therefore, we assemble anew each year to fully and unreservedly commit ourselves to His rule, formally crowning Him as our King once again. 

This only sharpens our earlier question.  Is this really true?  Are we actually guilty of “rebellion”?  Have we ever questioned Hashem’s rule?  Did we really pose a challenge to His royal governance over the earth, to the point where He needs to be crowned anew? 

 

Causing “Distress” 

The answer to this question lies in the precise definition of the Hebrew root m.r.d., which is used in reference to rebellion. 

The meaning of this word is found in Masechet Ketubot (63), where the Gemara discusses the status of a “moredet” – a wife who has “rebelled” against her husband.  This term refers not to infidelity, but rather to a different type of violation of the marital bond, which constitutes halachic grounds for divorce, allowing the husband to divorce the wife without paying her ketubah.  Specifically, the Gemara explains, a “moredet” is a woman who says, “Ba’ina leh umetza’arana leh – I want him, and I want to cause him distress.”  In other words, she wishes to remain married to her husband, she is happy with the arrangement, but she insists on the right to do what she wants, even if this causes her husband distress.  She does not “rebel” in the sense of rejecting him.  She continues accepting him as her husband and enjoying the privileges of marriage – but on her terms, acting as she pleases even if this upsets him. 

If, indeed, this is the meaning of “m.r.d.,” then we can easily understand why we confess each morning during Elul, “Ki maradnu vo,” that we have – in a certain sense – “rebelled” against Gd.  “Rebellion” does not require complete rejection.  We don’t need to become heretics to be considered to have “rebelled” against Gd.  Even if we believe in Gd and generally accept His rule, we are guilty of “rebellion” if we fail to commit to His laws unconditionally. 

We, too, like the “moredet,” sometimes want the best of both worlds.  We want the unparalleled joy, satisfaction and fulfillment of religious life, but in a manner that suits us, that does not inconvenience us too much, that doesn’t limit us too much.   We don’t reject Gd or the Torah, but we want to continue doing things that “upset” Him, as it were.  For some, this means having conversations during the prayer service, or during the Torah reading.  For others, it means being dishonest in business.  It might be compromising standards of kashrut or tzeniut (modesty) when traveling.  If we are honest with ourselves, we will have no trouble identifying the ways in which we occasionally “upset” Gd, so-to-speak, the times when we choose to do what we want to do instead of fulfilling our obligations to Gd.  The annual coronation on Rosh Hashanah expresses our commitment to unconditional loyalty, to fulfill Gd’s will even when it is inconvenient, even when we need to sacrifice, and even when we need to exert a great deal of effort or restraint. 

 

A New Beginning 

Nothing that we said here should cause anyone to feel down and depressed heading into Rosh Hashanah.  To the contrary, it should inspire us with joy and enthusiasm. 

According to what we have seen, Rosh Hashanah is comparable to King Shaul’s second coronation, where his formal crowning was renewed (as Shmuel said, “unehadesh”).  Rosh Hashanah is about renewal, an opportunity for us to push the “reset” button, to start from scratch, and make a new commitment.  Throughout the month of Elul, we confess “Maradnu” so that this time around, we’ll get it right, so that we will fully accept Gd’s rule without any conditions or stipulations. 

Rosh Hashanah is observed on the first day of Tishreh – the day when Gd created Adam and Havah, because this is the day when He became King.  In order to be a king, one needs subjects.  And thus it was only with the creation of the first human beings that Gd became King. 

On Rosh Hashanah, we are to resemble Adam and Havah on the day of their creation – embarking on a new beginning, recognizing that we have been created for the sole purpose of serving Gd.  This realization will lead us to a new, fresh, wholehearted commitment to fulfill Gd’s will even when it is inconvenient, even when we do not feel like doing so, even when this gets in the way of things we would like to do. 

May we all experience a true renewal during this season, and be worthy of a year filled with blessings, and a year of peace and prosperity for the entire Jewish Nation, amen. 

Beyond Fashion: The Initiation of A Modest, Yet Stylish Skirt Gemach

Jenna Ashkenazie 

Many of us are familiar with community gemachim (from the Hebrew abbreviation for “gemilut chassadim” – loving kindness). Although heading to a gemach to borrow tablecloths for a simha does not come with any stigma, it just may feel uncomfortable to go to a gemach for clothing, which is usually due to financial constraints.  

Mrs. Suzy Haber, a concerned community member, came up with a novel gemach idea to meet a community need. She saw a trend of community women striving to become more religious and dress more modestly by wearing skirts, but they did not know where to start. Enter the skirt gemach!  

 

A Welcoming Setting for All 

Only a few months ago, Mrs. Haber created the skirt gemach, which embodies the spirit of a gemach, to provide a needed commodity, “without the stigma.” The skirt gemach is a place where women, girls, and teenagers can find skirts that they like, in their size and style, free for the taking. No payment is required, and skirts need not be returned in the future. 

The gemach is more than just a place for women to get skirts. Mrs. Haber envisions that the gemach will serve as an “emotional and spiritual support to those who want to make the change.”  

There is no judgement in the gemach. Whether you walk in ready to make a full switch to modest clothing, or if you are just trying to dress more modestly one day a week, everyone is welcome. 

Making the transition from wearing less modest clothing to wearing more modest clothing can be difficult for anyone. It means adopting an entirely new lifestyle, and it does not happen overnight. It takes time to find out what kind of skirt fits your body type and your personal taste. “Dressing modestly doesn’t mean you don’t have to look good,” said Mrs. Haber.  

 

Inspiration Turns into Action 

Mrs. Haber’s inspiration came from community women who came to her for advice on how to take the leap towards dressing more modesty, and for guidance on how they could begin their journey. They told her in confidence that they wanted to become more modest, but it was difficult, even overwhelming. And they even didn’t know where to start.  

“I felt like I could help. It felt like it was something I needed to do,” said Mrs. Haber.  Soon after the idea for a skirt gemach came to her, she saw on a group chat that a friend of hers was starting a gemach. Mrs. Haber reached out to her, to get some advice on how to start a gemach herself.  

Mrs. Haber states, “Her insights solidified my belief that I was doing the right thing – that I found my calling.” After listening to her friend, Mrs. Haber knew that creating her skirt gemach was what she had to do. “As soon as I finished speaking to her, I started ordering skirts. I knew that Hashem would help me with what I needed, but I needed to start first.”

 

Donations Are Welcome!  

The skirts are all brand-new, ordered by Mrs. Haber personally. Community stores have graciously pledged to donate skirts, and Mrs. Haber is looking for more community stores or wholesale distributors who would like to donate. She also encourages donations of new skirts from anyone who would like to donate. All skirts are welcome, provided they still have the original tags.  

Monetary donations are also greatly appreciated, and can be sent via Venmo@suzyhaber, or via Zelle, at 917-705-0512 for Jack Haber. 

Dressing modestly doesn’t mean you don’t have to look good.” 

Tasting Tradition: Exploring Rosh Hashanah’s Symbolic Foods

Chaya Steinman 

As we labor  through the sobering month of Elul preparing our souls for the High Holidays which will soon be upon us, shaatras are hard at work preparing meals to ensure that Rosh Hashanah will be as beautiful and uplifting physically as it will be spiritually.  

Personally, I enjoy revolving my entire Rosh Hashanah menu around the simanim (literally, “signs”), the traditional foods eaten on Rosh Hashanah as symbols of our hopes for a happy and prosperous year. This technique has expanded my cooking repertoire to include some delicious, infrequently-used produce, and has created a festive tradition that my family looks forward to each year. In honor of these unique and meaningful foods that infuse our Rosh Hashanah meals with hopeful prayers for the coming year, let us explore some interesting, little-known facts about some of the simanim, as well as recipe ideas for incorporating them into a holiday meal. 

 

Dates 

Packed with a gooey, sweet decadence, dates seem more like an indulgent treat than a health food. Yet, these delicious fruits, famed for being one of the shivat haminim (seven special species of Eretz Yisrael), have been given the well-earned nickname, “nature’s candy,” as they are jam-packed with nutritional value. Grown on date palms indigenous to the Middle East, dates are chock full of essential vitamins, minerals and nutrients such as fiber, vitamin B6, iron, vitamin K, potassium, and manganese. Dates also boast a long list of health benefits which include boosting bone health and strength, preventing abdominal cancer, decreasing allergic reactions, reducing the risk of stroke, promoting healthy digestion and excretion, increasing energy levels and strengthening the nervous system. With about 66 calories per one date, they are also a great choice for people looking to gain weight in a healthy way. If you want to enjoy dates throughout your Rosh Hashanah meal, consider adding chopped dates to a fresh lettuce salad to add an extra dimension of taste. There are also a myriad of cakes, cookies, and dessert bar recipes that feature dates as the star ingredient. 

 

Black Eyed Peas  

Black eyed peas were first cultivated in West Africa, and later spread to America in the 17th century. In the Southern United States, black eyed peas are a celebrated staple in traditional soul food cooking. Interestingly, a community of Sephardic Jews who settled in Georgia in the 1730s ate black eyed peas every year at their Rosh Hashanah meal. The surrounding gentiles noticed this custom and jumped on the black eyed pea bandwagon: dating back to the mid-19th century and continuing till today, there is a tradition in the Southern United States to eat black eyed peas for good luck on New Year’s Day. More accurately classified as a bean than a pea, black eyed peas were further popularized when George Washington Carver promoted planting them to add nitrogen to soil and touted their nutritional value. Consider serving this low-calorie, potassium-rich protein as a side dish cooked with sautéed onions, garlic and seasonings, or in a unique salad mixed with other beans, greens, and fresh veggies and dressed with a light vinaigrette.  

 

Leeks 

Leeks are part of the Allium family of vegetables which also include onion and garlic. With a milder taste than onions, leeks are great for adding flavor to stock. They can also be enjoyed raw in salads, boiled to create a softer flavor and fried which yields a crunchy, stronger-tasting leek. It is advisable to eat ½ cup serving of Allium vegetables daily to reap their significant health benefits, such as their high content of antioxidants and nutrients that offer cardiovascular support and reduce inflammation. Jews are not the only group that ascribes significance to leeks; in fact, they are one of the national symbols of Wales. Legend has it that Welch soldiers identified themselves by wearing leeks on their helmets in a battle against the Saxons. When they successfully defeated the enemy, the leek rose to prominence as a national emblem of victory. Try a delicious creamy leek potato soup seasoned with thyme to enhance your meal with this flavorful veggie. 

 

Beets 

The beautiful, bright red color of beets makes them just as visually enjoyable as they are tasty and healthy. While we think of them today as a root vegetable, during the 19th century it was discovered that beets were a concentrated form of sugar, and a special factory in Poland was built to produce beet sugar. Later, when the British restricted access to cane sugar, Napoleon declared that beets were the new primary sugar source, launching their popularity worldwide. In the Middle Ages, beets were used for medicinal purposes, and throughout history beets have been used for red dye. Adding nutrient and fiber-rich beets to your diet can yield many health benefits, such as lowering blood pressure, increasing energy, fighting inflammation, preventing cancer, and detoxifying the body. Beets are a great addition to your Yom Tov meal. Try them marinated with lemon juice and herbs and served as a cold salad, or roasted with other root veggies and a dash of olive oil to create a colorful, delicious accompaniment to the main course.  

 

Gourd 

The term “gourd” can refer to a variety of different crops such as pumpkins, cucumbers, squash, and melons, though squash and pumpkins are the traditional Sephardic choice for simanim. DNA records suggest that gourds were one of the first domesticated plants. Many species of gourds have hard outer shells, known as bottle gourds, several varieties of which have been found at archaeological sites in Africa, Asia, Europe, Peru, and America. The plant originated in Africa and Asia, and until recently, science could not sufficiently explain the evidence of the bottle gourd in America dating back to early history, how a plant species indigenous to one hemisphere somehow made its way across the ocean to another hemisphere. Until recently, the prevailing hypothesis claimed that humans carried the plant with them when migrating from Asia, crossing the Bering Strait into the New World, yet this theory was full of holes, namely, the survival of a tropical plant traveling across the Arctic and the lack of evidence of bottle gourds in Siberia, Alaska, and the Pacific Northwest. A fascinating study was conducted based on newer models of how objects drift in Atlantic currents, solving the mystery with the conclusion that these bottle gourds actually floated to America on their own. Enjoy gourds at your Rosh Hashanah meal with the traditional Sephardic  sweet potato and squash casserole baked with dried cranberries, oil, cinnamon, and brown sugar. 

 

Pomegranate 

A well-known symbol of both Torah and the Land of Israel, pomegranates are native to Persia and thrive in the dry climates of the Middle East, Mediterranean and Southern Asia. While pomegranates have always been an integral part of Jewish culture as one of the shivat haminim and a Rosh Hashanah ritualistic food, other civilizations have utilized pomegranates in ceremonies. Most notably, in traditional Turkish weddings a bride would throw a pomegranate on the ground and the number of seeds which fell out was believed to indicate how many children she would have. In the past few decades, pomegranates have come into vogue as a super food, as new studies revealed the tremendous health benefits of this jeweled fruit. Punicalgin, a compound found only in pomegranates, benefits the heart and blood vessels and contributes to the extreme potency of the antioxidants in the fruit. These powerful little seeds have been shown to fight cancer, lower cholesterol and blood pressure and prevent heart issues. Get creative with nutrient-dense pomegranate seeds and sprinkle them on top of any dish; they can be used to garnish salads, soups and desserts. 

 

Apples  

There are over 7,500 varieties of apples that have been cultivated worldwide, presenting a wide array of color and taste combinations. Two common apple cultivars originated in Israel: the Anna, a yellow-colored apple with a red blush, and the Ein Shemer, a tarter apple which is a cross between a Golden Delicious and a Zabidani. Today, with apples as ubiquitous as they are, many consider them unexciting, but the basic apple has a major surprise up its sleeve. Cut an apple in half horizontally, perpendicular to the stem. The apple’s cross section will reveal five seeds within a five-pointed star, surrounded by a circle of 10 dots, known as a 10-pointed exocarp. Now, here’s where it gets kabbalistic. The stem of the apple can represent the letter vav, whose numerical value is 6. Add these numbers (5+5+10+6) to get the number 26, which is the numerical value of the divine Name of Havayah. Therefore, in the most widely cultivated and consumed fruit in the world, we find the signature of the Creator of the universe! Besides dipping them in honey, try apples baked with cinnamon for a delicious side dish or in a yummy cake for dessert. 

May the coming year be filled with sweetness and goodness for the entire Jewish people! 

Love, Marriage, and Hakafot

Yanki Tauber 

Men don’t usually sit over coffee talking about their marriages. That’s why a particular conversation I once had with two other men really sticks out in my mind. 

The three of us were sitting and discussing the joys of wedded life. “I love my wife,” Benny said. “That’s why I do everything she asks me to do. She says, ‘Benny, please take out the garbage,’ and right away, I take out the garbage.” We all agreed that Benny loves his wife.  

Not to be outdone, I said, “I also do everything my wife asks me to do. In fact, she doesn’t even have to spell out what she wants. It’s enough that she says, ‘Whew! That garbage bag is sure smelling up the kitchen!’ for me to understand that she wants me to take out the garbage. Which I do, of course.” We all agreed that I love my wife even more than Benny loves his.  

But in the end, it turned out that Steven’s marriage was the most loving of all. Steven’s wife doesn’t have to ask him to do things for her. She doesn’t even have to drop hints. “I wake up in the morning,” Steven explained, “and I just know that she wants me to take out the garbage. Or buy her a gift like a piece of jewelry. She doesn’t have to crinkle her nose or mention the ring her cousin Sarah got for her birthday. I just know what she wants me to do for her, and I do it.” 

 

Showing Love for Gd – “Steven Style” 

The month of Tishre is replete with mitzvot, full of opportunities for carrying out Gd’s will. For more than three weeks, our days are filled with praying, repenting, fasting, feasting, dancing, building a sukkah, acquiring a set of a lulav and etrog, or a bundle of hoshaanot, and dozens of other mitzvot, customs, and observances.   

The observances of Tishre fall under three general categories. There are Biblical precepts that are explicitly commanded in the Torah, such as sounding the shofar on Rosh Hashanah, fasting on Yom Kippur, and eating in the sukkah on Sukkot. There are also a number of rabbinical mitzvot – observances instituted by the prophets and the sages by the authority vested in them by the Torah. For example, the five prayer services held on Yom Kippur and the taking of the arba’ah minim (four species) on all but the first day of Sukkot are rabbinical institutions.  

Finally, the month of Tishre has many minhagim, customs that are not formally required by the Torah or by the sages. These include eating an apple dipped in honey on the first night of Rosh Hashanah and conducting the kaparot ritual in the wee hours of the morning on the day before Yom Kippur. The minhagim are not mandated by Biblical or rabbinical law, but by force of custom. These are practices that we Jews have initiated ourselves as ways to enhance our service of our Creator. 

Most amazingly, the climax of the month of Tishre – the point at which our celebration of our bond with Gd reaches the greatest heights of joy – is during the hakafot on Simhat Torah, when we take the Torah scrolls in our arms and dance with them around the reading table in the synagogue – a practice that is neither a Biblical nor a rabbinical precept, but is merely a custom.  

It is specifically through our observance of the minhagim that we express the depth of our love for Gd. The Biblical commandments might be compared to the explicitly expressed desires between two people bound in marriage. The rabbinical mitzvot, which Gd did not directly command but nevertheless constitute expressions of the Divine will, resemble the implied requests between spouses. But the minhagim represent those areas in which we intuitively sense how we might bring Gd pleasure, and in these lie our greatest joy. 

Yanki Tauber is an editor and an accomplished author.  

The Case – A Ponzi Scheme

Rich, interested in expanding his wealth, regularly invested in small wholesale corporations that needed capital. His latest investment included buying fifty percent of Yoram’s textile company for 1.9 million dollars. Before purchasing, he reviewed all the accounting history of the company, and thereafter signed and transferred half the sum as his initial payment. Additionally, as part of the purchase agreement, Rich signed as a personal guarantor for a loan previously extended to the company in the amount of $375,000.  Less than a month later, Rich discovered that the company he purchased from Yoram was a complete scam. Aside from the company’s accounting, which proved to be fraudulent, the company owed millions of dollars to private investors. Since the company did not generate a profit over the many years, Yoram habitually paid the investors their monthly dividends with the money of each new investor. When the Ponzi scheme became too overwhelming to control, Yoram fiendishly sold the company to Rich, and he presumably ran off to Argentina after being paid. Rich is presently attempting to press criminal charges against Yoram in secular court and is preoccupied in finding his whereabouts. The case brought before our Bet Din was the claim of Jack, the lender of the $375,000, versus Rich, who personally guaranteed the sum.  Rich responded to Jack’s claim that since, in retrospect, his purchase of the company was null and void, he has no obligation to the creditors. Furthermore, Rich defended that the $375,000 debt was existent prior to his involvement in the company. He argued that just as he was swindled and suffered a financial loss, the creditors as well were to sustain their share in the damage. Jack presented to the Bet Din the guarantor document with Rich’s signature fixed to the bottom.  

Is Rich obligated to pay Jack his $375,000 loan? How should the Bet Din rule and why? 

 

Torah Law 

According to the ruling of the Shulhan Aruch, a guarantor is responsible to reimburse a lender even in instances in which he secretly warned the lender not to accept him as a guarantor.  Since the lender ultimately lent money with the guarantor as his security, full liability is incurred if the borrower defaults on the loan. In a classic case in which a lender returned collateral to a non-Jew in exchange for a Jewish guarantor, the Shulhan Aruch imposed liability even though the guarantor secretly informed the lender that he was not sincere about his commitment for liability. The rationale behind this ruling is that since the guarantor openly agreed to his role in front of the borrower and lender; in doing so he authorized the lender to return the collateral.  Since ultimately the collateral was returned on account of the guarantor, he is liable for the damage caused in case of default. 

It stands to reason from the above ruling that a guarantor is responsible even if at the time of the loan the borrower never intended to repay it. Although the guarantor would clearly not have offered his security in case of a fraudulent borrower, nevertheless, since ultimately the loan was extended with reliance on the guarantor, he is liable for payment. Hence, a guarantor is responsible for a loan extended to a fraudulent corporation operating a Ponzi scheme.  Since the lender extended the funds to the corporation relying on the guarantor in case of default, he is entitled to collect the loan from the guarantor. 

By rule of the Shulhan Aruch, the commitment of a guarantor is binding only if it transpires prior to or simultaneously with the giving of the loan. Since at the behest of the guarantor the loan was extended, he is liable even if he only verbally committed to serve as a guarantor. The same ruling applies in instances in which a lender returns collateral to a borrower in exchange for a guarantor.  Since it is obvious to the parties involved that the loan was forwarded by the lender in consideration of a guarantee in place, the mere verbal commitment of the guarantor is binding. Hence, the guarantor is liable for the damage sustained by the lender in the event the borrower defaults on the loan.  

If, however, the loan was previously extended to a borrower, and only thereafter does a guarantor attempt to assume responsibility, a verbal commitment is clearly insufficient. Since the guarantor did not enable the loan, he is not considered the cause of damage when the borrower defaults. Hence, after a loan is already extended to a borrower, only a specific contract including various halachic provisions, has the power to establish a guarantor’s liability. 

By Torah law, a contract signed under false pretenses is rendered null and void. While numerous examples of this ruling are listed in the Babylonian Talmud, a staff of rabbinical judges will generally need to apply their wisdom to determine whether a contract is indeed invalid.   Hence, in instances in which a loan was previously extended to a borrower and a contract was signed by a guarantor to establish his liability, the contract may be susceptible to disqualification. Since the guarantor was not a consideration of the lender when he extended the loan, the guarantor may be absolved. Thus, in instances in which a loan was previously extended to a corporation operating a Ponzi scheme, a guarantor unaware of the fraudulent activity is absolved of his contractual obligation. 

Endnotes:  Baba Batra 173b, 176b, Shulhan Aruch Hoshen Mishpat131:6, 129:2, 129:4, Tosafot Kiddushin 49b, Baba Batra 146a, Pithei Teshuva Hoshen Mishpat 241:3.  

 

VERDICT: Null And Void 

Our Bet Din absolved Rich, the guarantor, from the $375,000 liability. As mentioned in Torah law, although a guarantor who authorizes a loan is liable even if a borrower is fraudulent, nevertheless, Rich never endorsed Jack’s loan to the corporation. Jack had extended the loan well over a year prior to Rich’s purchase of the company. Since Rich was not a consideration in Jack’s decision to extend the loan, he is not responsible for the damages. Furthermore, upon investigation by our Bet Din, it was evident that Jack’s loan to the corporation was, from the onset, not retrievable. Prior to Rich’s involvement, the company was borrowing large sums of money on the black market at a 25 percent monthly interest rate. The cash borrowed was used to prolong the Ponzi scheme by paying monthly returns to investors. Jack’s loan was long gone, as at the time of the loan the company did not have the funds to pay back the principal to any of its investors. Although Rich had signed a document establishing him as a personal guarantor for the loan, nevertheless, since it is beyond the shadow of a doubt that the document was signed under false pretenses, it is rendered null and void. Rich’s signature did not affect Jack‘s monetary position, and since it was signed by deception it is invalid. Jack and Rich were instructed by our Bet Din to pursue Yoram in civil court and to press criminal charges against him. 

 

YOU BE THE JUDGE 

To Catch a Thief  

Vicky was pushing her child in a stroller while window shopping in Boro Park. She went into a lady’s apparel store, and upon entering she was asked to deposit the stroller and her packages at the far end of the store, to allow free passage for other shoppers. At first Vicky resisted, as her stroller and packages were not obstructing the large passageway, but eventually she complied with store policy and took her child out of the stroller. After selecting several garments, she proceeded to the fitting room to try on her selections. Upon exiting the fitting room, she glimpsed at the far end of the store to check on her stroller and packages, and noticed they were missing. Alarmed, she ran outside the store to catch the thief, but she was unsuccessful. She then attempted to collect her loss from the store owner, claiming that he had assumed responsibility for her belongings, since she deposited it in the corner of his store at his behest. The store owner sympathized with Vicky’s predicament but was unwilling to bear responsibility for the loss. The two presented their dispute to Bet Din to rule on the matter.  

How should the Bet Din rule – in favor of Vicky or the store owner?