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Flatbush Community Fund – A Lifeline for Many Local Families

David, a Midwood resident, recalled, “I was constantly dreading checking my bank account, not to mention the next bill.” He lied awake most nights,  worried about how he would manage to pay for groceries or the rent due the next week. As a father of five young children, David felt the constant pressure of his responsibilities. Despite having many friends in the community, he felt he could no longer ask for their help. Unexpected medical expenses had eaten up his reserves, his clients were overdue on payments, and with every sunrise, he worried how he could keep his family safe and afloat. 

 

David was reluctant to seek help. But as his financial situation became more dire, he finally went to the Flatbush Community Fund website and filled out the simple online form. Initially, he was uncomfortable, but the professional and friendly staff at the Fund quickly put him at ease. They reassured him that many hard-working individuals in the community sought assistance to get them through a rough patch.  

 

“The relief I felt was indescribable,” David said. “Suddenly, I wasn’t just carrying the burden alone anymore. Baruch Hashem, with their help, my children continued to enjoy their meals, unaware of the financial tightrope we were walking. My credit card payments were no longer declined, and I could breathe again, knowing my family was taken care of.” 

 

This support was more than just financial. It was a lifeline that allowed David to return to being the father, husband, and businessman he strived to be. He could now focus on reviving his business and providing for his family without the crippling fear of the next bill or unexpected expenses. The Flatbush Community Fund gave him the stability and peace of mind needed to sustain his family until his business improved. 

 

This transformation is a testament to the profound impact of the Flatbush Community Fund since its inception five years ago. Through their comprehensive support and understanding, they have alleviated financial burdens and restored hope and dignity to many, enabling them to thrive once more in their roles within the family and community. 

 

Charting the Course of Kindness 

 

It all began in July 2018 with a simple vision: to fill the gaps in the budgets of families within the Flatbush Orthodox Jewish community struggling to afford essentials. “When we started out, I was the only employee, doing everything from buying stamps to fundraising. Now, baruch Hashem, we’ve grown,” said Executive Director Yitzy Weinberg.  

 

Their dedicated team of five employees  works to fulfill their mission of “helping everyone who needs help.” Serving a diverse Jewish population, the fund directs approximately thirty percent of its services towards the Sephardic community, Weinberg said, acknowledging and addressing the community’s unique needs. 

 

“We’ve helped over 2,000 families since we’ve started, for various different needs: Pesach, grocery accounts, tutoring assistance, interest-free loans, financial mentoring, emergency assistance, rent, mortgage, and utility payments,” Weinberg said. Clearly, as the community has grown, so has their trust and reliance on FCF. 

 

The Challenge of the Pandemic 

 

As FCF’s role within the community solidified, the Covid-19 pandemic necessitated an expansion of their services. The crisis exacerbated so many families’ existing financial struggles and introduced new ones, driving the organization to broaden its scope of aid.  

 

“It was such a sudden shock to the system. A lot of people who were managing just fine until then, were all of a sudden thrown into this terrible situation and needed to reach out,” Weinberg said. 

 

“The pandemic brought unforeseen challenges, but also a change in perspective. It normalized the fact that people needed help. We were in the right place at the right time to ramp up and help those thrown into turmoil by the pandemic.” Yet, the challenges continue, with the cost of living and inflation further exacerbating the community’s needs. 

 

Understanding the Community’s Diverse Needs 

 

Miri Taylor, FCF’s Director of Administration, commented, “Take a middle-class family that is paying five yeshiva tuitions, just made a wedding, has two car leases, and is paying for summer camp – we are not talking about splashing out on lavish vacations, we are talking about just having the minimum to get by. They are just not cutting it without help.”  

 

Taylor’s insight into the complex layers of concern weighing on the community members underscores the critical nature of FCF’s role. FCF is not just about providing financial aid. It is about understanding and responding to the myriad stresses that affect daily life. With this deep comprehension of the community’s many needs, FCF strives to ensure that no one is left to navigate these challenges alone.  

 

The organization aims to provide assistance to anyone who reaches out for help. This guiding principle is echoed in the words of both Weinberg and Taylor, who make it clear that turning someone away is a last resort. “If there is something that totally doesn’t fit in a category that we are able to help with, we work hard to connect them with other resources, and we follow up. We won’t just give them a phone number. We work to make sure whatever can be done gets done,” said Taylor.  

 

Providing Assistance While Preserving Dignity 

 

In addition to ensuring that everyone who reaches out gets some kind of support, FCF especially made sure that the application process is respectful and dignified.  

 

This approach ensures that the aid is not only appropriate and well-directed, but also makes certain that help is given with the utmost respect for applicants’ privacy and dignity. “We try not to be too onerous. We’re not asking for tax returns,” Weinberg explained. 

 

Taylor expanded on this core principle with a powerful explanation of what FCF represents to the community. “When people ask me what we do, I tell them that we save people’s dignity.” She described a scenario where residents of Flatbush, instead of having to ask a neighbor for help and possibly facing embarrassment, can turn to FCF. “So nobody needs to be ashamed or embarrassed about their situation. This confidentiality and respect transform the act of receiving aid into a process marked by dignity and communal support.” 

 

 

Comprehensive Services 

 

FCF’s broad range of services are tailored to meet the varying needs of the Flatbush community. These services not only alleviate immediate financial pressures, but also empower individuals and families to overcome their challenges with dignity and hope. 

 

FCF provides grocery accounts to help families afford essential food items. With $100-$500 per household quarterly, these accounts ensure that no one in the community has to compromise on basic necessities.  

 

Celebrations are an integral part of life too, and FCF ensures that financial constraints do not diminish the joy of these occasions. When subsidizing weddings or providing tefillin for Bar Mitzvahs, FCF’s “Simcha Assistance” helps families celebrate life’s milestones with full hearts and peace of mind. 

 

Interest-free loans and utility payment assistance help people facing unexpected financial emergencies or who are struggling to keep up with utility bills. These loans enable recipients to stay afloat, so that temporary setbacks do not lead to lasting hardships. 

Beyond immediate financial aid, FCF invests in the long-term wellbeing of the community through financial mentoring and tutoring services. By equipping individuals with financial management skills and supporting students’ educational journeys, FCF fosters a community of self-reliance and ongoing growth. 

 

FCF’s Food Pantry ensures that families have access to nutritious food, while their referral services connect individuals to additional support, including mental health resources, clothing, and home repairs. These services collectively ensure that every aspect of community members’ well-being is cared for. 

 

As FCF continues to fortify the community through these diverse services, they not only address the immediate needs of individuals and families but also build a foundation of strength and resilience. 

 

The Tangible Impact: Stories of Change and Hope 

 

The true impact of the Flatbush Community Fund is felt in the quiet relief of parents able to feed their family, the joy of a student who succeeds in school, and the gratitude of a chatan and kallah who can start their lives without crushing debt.  

 

“When it comes to making a simha, it’s not like we are throwing $500 at somebody. We are really helping them start a family. That’s not a small thing. When it comes to a bar mitzvah, we will subsidize a set of tefillin so no one has to worry about ‘How can I make my son feel special about his bar mitzvah and pay this month’s rent?’” Taylor explained. 

 

Taylor added that many people who receive support from FCF eventually stabilize and offer to give back to the organization. “I’ve even received envelopes that have one dollar in it, with a letter that says, ‘This is what I can afford. Thank you for helping me.’ That one dollar makes a difference. We need the community to step up and contribute. Everything adds up.” FCF’s services foster a cycle of giving that reinforces our community’s ability to face challenges together. 

 

FCF is a testament to the strength of our community, showcasing the power of unity and shared responsibility. 

How to Winterize Your Home

We need not worry about how to prepare our home for winter.  There are a number of simple measures we can take to help get our homes ready for this season. 

 

Below are some simple steps that we can take, even during our spare time.   

 

Clean Your Gutters 

Gutters should be cleaned every season, but before winter is the most important time to do this.  Not only can our gutters be pulled right off when they get too heavy from the snow, but snow could also cause water damage from the melted ice that has nowhere to go. 

 

Recaulk Your Windows and Doors 

We should caulk the outside perimeter of our window and door moldings to prevent water damage and heat loss.  Doing this is inexpensive and can be completed in a few hours. 

 

Inspect the Roof 

Winter storms, heavy rain, hail, and especially packed snow can do significant damage to your roof.  It is wise to have a professional come over to check out the roof and make the necessary repairs before winter comes. 

 

Reverse the Direction of Your Ceiling Fans 

Warm air rises, so reversing the direction of fans will create an updraft, which will push down any heated air pressed against a room’s ceiling.  By circulating warm air, heat will be used more efficiently, which could cut energy costs. 

 

Inspect the Chimney 

Burning wood can cause a buildup of creosote deposits inside the chimney.  Creosote is cancerous and is highly flammable.  When enough of it builds up in your chimney, the smoke from a fire can cause it to ignite, which can cause a chimney fire.  Having your chimney inspected can help keep your family and home safe from fire risk.  It would be best to install a steel liner inside the chimney, which will help protect your home in the event of a chimney fire. 

 

 

Clean and Tune Up Your Home’s Systems 

The furnace, whether gas or electric, could run more efficiently in the winter months if a technician comes to clean and tune it up.  The winter season is also a good time to change the batteries of the smoke detector and the carbon monoxide detector. 

 

Cut Back Tree Branches 

Tree branches are at risk of breaking under the heavy weight of snow.  Cutting back branches that overhang your home can prevent roof damage if a branch breaks. 

 

Check Insurance Coverage 

Review your insurance policy to make sure that your home is covered for various kinds of losses or damages.  It is good to do this before the winter.

Helping Displaced Families

Pnina Souid 

 

The Mitzvah Man Organization recently received a letter from a man who works in London. His job entails assisting displaced families with a plane ticket and an apartment. He recently needed to help an Israeli refugee family. All he was required to do was supply them with a ticket to New York and an empty apartment. This man wanted to help them to get settled but he did not know who to turn to. The family who would be coming to an empty apartment, with no clothing, no furniture, and no food. He was advised to call the Mitzvah Man Organization. He was shocked by the efficiency and speed that this organization displayed in helping the family settle in, providing for their many needs. 

A Letter of Recommendation 

The letter from the man in London who requests anonymity reads as follows:

 

Shalom Dear Volunteers of the Mitzvah Man Organization, 

I hope this letter finds you all in good health and high spirits.  

I am writing to express my heartfelt gratitude and admiration for the incredible work carried out by the “Mitzvah Man” organization.  

As a dedicated donor, I have witnessed firsthand the profound impact your organization has had on the lives of this Israeli refugee family I am helping, in addition to helping countless other individuals and communities. 

From the moment I became involved with the “Mitzvah Man,” I was struck by the unwavering commitment and passion exhibited by the entire team. Your tireless efforts to alleviate poverty, provide primary needs, and promote hesed have truly made a difference in the lives of those who need it most. The effectiveness of the “Mitzvah Man” initiatives is evident in the transformative outcomes achieved, and I am honored to be a part of this remarkable journey. 

One of the most inspiring aspects of the “Mitzvah Man” work is the holistic approach taken towards addressing the multifaceted challenges faced by marginalized communities. By focusing on their primary and most urgent needs, the “Mitzvah Man” ensures that individuals and families are empowered to break free from the cycle of poverty and build a better future for themselves and their families. The comprehensive nature of your programs not only addresses immediate needs but also fosters long-term sustainability, creating lasting change in the lives of beneficiaries. 

Furthermore, I have been consistently impressed by the transparency and accountability demonstrated by the “Mitzvah Man.” As a donor, it is reassuring to know that my contributions are being utilized effectively and efficiently. The regular updates and follow-up provided by your organization have instilled a sense of trust and confidence in me, further motivating me to continue supporting your cause. 

I firmly believe that the success of any organization lies in the dedication and commitment of its volunteers. The “Mitzvah Man” has been successful in attracting and retaining a diverse group of individuals who selflessly give their time, skills, and resources to support your mission. The sense of camaraderie and shared purpose among volunteers is truly inspiring, and it is a testament to the positive and inclusive environment fostered by the “Mitzvah Man.” 

In conclusion, I would like to express my deepest gratitude to the entire “Mitzvah Man” team for their unwavering dedication, compassion, and effectiveness in making a difference in the lives of those in need. Your organization has not and will not only transform the lives of beneficiaries but has also inspired countless individuals, like myself, to commit more to the cause. I am proud to be associated with the “Mitzvah Man” and look forward to continuing my support in any way possible.  

Thank you once again for your remarkable work and for providing me with the opportunity to be a part of this incredible journey. Together, we can create a Jewish world where every individual has access to the resources and opportunities they deserve. 

With warm regards and tizku l’mitzvot to the Mitzvah Man Organization.

Mourning a Beloved Torah Giant – Rabbi Matisyahu Salomon, ZT”L

The Jewish world suffered a great loss with the passing of Rav Matisyahu Chaim Salomon, zt”l, the beloved mashgiach of Beth Medrash Govoha (BMG) in Lakewood, New Jersey on January 2nd. 

Rabbi Salomon passed away at 86, after a long illness. He leaves behind a profound legacy as a greatly respected Torah scholar, speaker, author, and authority on Jewish education. He was a leading advocate for the study of mussar, and for the practice of spiritual introspection. 

Rabbi Salomon was a leader of klal Yisrael. He had a unique ability to address our generation’s needs and challenges. With intense passion and compassion he was able to inspire diverse crowds to commit to  greater adherence to Torah and mitzvot. 

From England to America 

Born in 1937 in Gateshead, England, Rabbi Salomon dedicated his life to the pursuit of Torah study and spiritual growth.  

Rabbi Salomon served as the mashgiach in Gateshead Yeshiva for 35 years. He was recognized for his deep commitment to Jewish education and his unwavering dedication to his students. He left Gateshead to assume the position as the mashgiach of Beth Medrash Govoha in Lakewood, New Jersey, one of the leading yeshivas in the United States. 

Throughout his illustrious career, Rabbi Salomon inspired generations of students with his profound wisdom, humility, and devotion to Torah values. His teachings emphasized the importance of character development, ethical conduct, and the pursuit of excellence in both religious and secular studies. 

Reaching Out and Reaching In 

In addition to serving as a mentor and spiritual guide to many, Rabbi Salomon was a prolific author. He  explored various aspects of Jewish philosophy, ethics, and personal growth. His writings will continue to inspire those seeking a deeper understanding of their Jewish faith. 

Rabbi Salomon was actively involved in community outreach, offering guidance and support to individuals from all walks of life. His compassionate nature and ability to connect with others on a personal level made him a beloved figure both inside and outside of the Jewish community. Stories abound regarding Rabbi Salomon’s empathic approach to helping all Jews who came to him for guidance, advice, questions, or just to cry on his shoulder.  

In recent years, Rabbi Salomon became a sought-after speaker, delivering lectures and shiurim that resonated with audiences around the world. He touched the hearts of thousands, while providing them with needed guidance as they embarked on their spiritual journeys. 

As the leader of Ichud HaKehillos, Rabbi Salomon was a driving force behind the famed 2012 asifah (rally) at Queens’ Citi Field, which addressed the dangers of the internet. 

Inspiring Influence  

Rabbi Salomon’s passing has left a void in the hearts of the American Jewish community. His extraordinary life and unwavering commitment to Torah values have influenced the countless individuals he touched. We have lost a tremendous Torah voice, which was imbued with compassion. Rabbi Salomon truly cared about each and every Jew. 

Rabbi Salomon tremendously influenced his students, community members, and followers. His words, teachings, and acts of kindness will continue to inspire and guide the Jewish community. 

May his memory be a blessing… 

Yehi zichro baruch. 

 

Dear Jido – February 2024

Dear Jido,
 

A friend who vacations often discovered free wheelchair rides throughout the airport, making her first in line from ticket counters, security/TSA, to departure/arrival gates, to baggage claim, and first boarding with first access to onboard storage.  

 

Recently, her sister, who was running behind with the luggage, realized she, too, could get a wheelchair and that the attendant would also haul the luggage. All this if you just have “difficulty walking long distances,” which is nearly everybody given the size of expanded airports.
 

At first, I thought they were taking unfair advantage or being unethical, but the more I think about it, the less I care. Navigating the airport logistics with knowledgeable assistance sounds reassuring. I can claim “difficulty walking long distances” as well as anybody. Should I do It? 

Signed,
 

A Weary Traveler[Text Wrapping Break] 

 

Dear Weary, 

 

As a former frequent flyer I know how daunting it can be to get through the red tape and delays of an airport – especially on the way home. 

 

Three Sayings come immediately to mind: 

 

  • Honesty is the Best Policy 
  • Starting from Square One 
  • Don’t Tempt Fate 

 

I think Saying Number One speaks for itself. It does mean fooling the attendants and taking unfair advantage. The last thing you would want is for someone who saw you bolt out of the car service, grab your luggage like a teenager, and then get into a wheelchair to tell the airlines people that you’re lying.  Because that would lead you to Saying Number Two. Airline personnel are much like government employees – they have blinders on and only do what they’re told.  If you’re not entitled to it, you would have to start again from the beginning of the line.  It doesn’t pay. 

 

Finally, Saying Number Three – in Hebrew we say – “Al tiftach piv laSatan.”  Or the more common way, “Don’t give yourself the chumseh.”  If you can walk, lug, play tennis, and swim, you should do what the rest of us do and arrive a little early. Enjoy your good health.[Text Wrapping Break] 

 

See you in Aruba! 

 

Jido  

Raising Secure Children in an Uncertain World

“What’s going to be Mommy?” “Should I be scared to walk to school?” are just a few of the questions that are on our kids’ minds in light of the world’s recent tragic and indescribably devastating events.  

  

Since nobody knows the future, there is no value in wondering on what will be. Praying hard, and doing good deeds are the most powerful tools we have that can influence our future. 

 

Children get vibes from us whether we speak or not. We are all very pained, and even so, we want to lead our children towards emotional health with strength and confidence. In order to help our children feel as secure as possible while knowing that our sisters and brothers around the world are suffering so much, we can do a few things. First, we want to teach and model three points about emotional health that can make a world of a difference for our children. People who know these three things are emotionally worlds ahead of people who don’t. 

 

Emotional Default Settings 

 

We all were born with certain emotional default settings that never leave us, and it’s our thinking that that can take us away from experiencing them. Our emotional default settings are happiness, resilience, and security.  

 

Happiness – Nobody has to teach a few month old baby how to smile. They just do. Sure, babies cry when they need something, but not because they have any beliefs about themselves or the world around them. 

 

Resilience – When babies learn to walk and they fall, they naturally get up and try again. It could be after a day, a week or a month, but the natural resilience is there, and doesn’t ever leave us. 

 

Security – When babies cry because they are hungry, they stop crying when the food comes. They are not worried about whether they will get their milk fast enough next time, or how the milk will taste next time. As adults, we often have everything we need, and in our minds we are still insecure about what will be. We developed those insecurities through life’s experiences that were uniquely designed for us, and when we let go of those insecurities we become aware that we can get back to our natural secure state of emotional health. 

 

Validate Feelings  

 

All feelings are normal, and are an expected part of the human experience. Do not try to make your children’s uncomfortable feelings or your own feelings not be felt. Feelings are meant to be felt and pass through us, and if we don’t allow them to be felt they can get stuck inside us.  

 

Fortunately, the nature of feelings is that they are fluid, so they will always pass, even the really uncomfortable ones.   

 

Hashem Is Watching Over Us 

 

We are 100 percent okay 100 percent of the time. This does not mean that we are not pained or that we won’t have challenges. It just means that whatever challenge Hashem sends us in life, we will always have the tools to get through it. 

 

 

In addition to knowing the above points about emotional health, let’s raise children who value and love making contributions. Being productive is a great antidote to much suffering.  

 

We are wired to want to give to others, so when we do, we feel good because we are fulfilling one of our life purposes. Even when it’s not a time of crisis children should be helping out around the house, visiting and calling grandparents, helping neighbors, etc. Model for them that you embrace hard work. After driving them to school, let them know how fortunate you feel to be able to drive them. Tell them that “Givers and Doers” are much happier and more fulfilled than people who don’t value giving and doing. 

Riddles – February 2024

RIDDLE: What Am I?

Submitted by: Gabe  H.

Pronounced as one letter, and written with three, 2 letters there are, and 2 only in me. I’m double, I’m single, I’m black, blue, and gray, I’m read from both ends, and the same either way. What am I?

 

Last Month’s Riddle: Wally’s World

 

You are in a place called Wally’s World and there is only one law. There is a mirror, but no reflection. There is pizza with cheese, but without sauce. There is pepper, but no salt. There is a door, yet no entrance or exit. What is the law?

 

Solution: Each word in Wally’s World must contain double letters.

 

 

Solved by:  Lauren Freue and the Freue Kids, The Blum Family, The Big Cheese, H. Soleimani, Ralphie Boy, Allan C., and The Shmulster.

 

Junior Riddle: Pop Quiz

Submitted by: Marlene T..

What three numbers give the same result when multiplied and added together?

 

Last Month’s Junior Riddle: A Flexible Word    

 

What 4-letter word can be written forward, backward, or upside down, and can still be read from left to right?

 

Solution: Noon

 

 

Solved by: Fortune Azrak, Lauren Freue and Family,  Allison D., The Blum Family, Jennifer Gindi, H. Soleimani, Big Mike, and The Shmulster.

Medical Halacha – Assistance in Wearing Tefillin

Eddie broke both wrists in a skiing accident. Meir is bedridden and partially paralyzed after suffering a stroke. Both really want to fulfil the mitzvah of tefillin but are physically unable to use their hands to fasten the tefillin to their arms and heads. They both asked me, “Rabbi can I fulfil the mitzvah by having my wife or child help place and bind the tefillin for me?” 

Tefillin is a daily mitzvah that symbolizes our closeness and devotion to Hashem, and while wearing tefillin one should have the intention to love Hashem with all of one’s heart (emotions), head (thoughts), and hand (actions) (S.A., O.H., 25:5). If one is physically unable to put on tefillin, one is exempt from the mitzvah. 

The Essence of the Mitzvah 

However, should they fulfil the mitzvah by having another person place the tefillin onto their arm and head? The answer to this question depends on the essence of the mitzvah of tefillin: Is the mitzvah to attach the tefillin to your arm and head or is the mitzvah to wear tefillin? In other words, does this mitzvah call for an action, namely, to bind tefillin onto your body, or does the mitzvah call for the passive state of wearing tefillin, which can be fulfilled even if you did not bind them yourself?  

The beracha recited before binding the tefillin shel yad – “to place the tefillin” – implies that the mitzvah is the action of placing and binding the tefillin. This is also implied by the term used by the Torah in Sefer Devarim, “And you shall bind them as a sign onto  your arm” (Devarim, 6:8, 11:8). On the other hand, the tefillin shel rosh are described passively, “They shall be as totafot between your eyes” (ibid). Moreover, in Sefer Shemot, even the tefillin shel yad are described in passive language, “It shall be to you a sign on your hand”  (Shemot, 13:9; 13:16), which implies that the mitzvah is wearing tefillin 

Hacham Ovadia’s Ruling 

Hacham Ovadia (Taharat Habayit, Vol. 2, p. 222) discusses this question. He quotes the Gemara (Avoda Zara, 39a), which relates how a woman helped her sick husband to put his tefillin on his arm. Although he cites various interpretations as to the extent that the husband was involved in this process, Hacham Ovadia sides with the halachic authorities who rule that the mitzvah of tefillin is to wear them and not to fasten them to your body. Therefore, even if the husband had no active involvement whatsoever in the placement of the tefillin, he still fulfilled the mitzvah. He may even recite the regular beracha. 

The Rambam – Tefillin as a Continuous Mitzvah 

This idea is also apparent in the Rambam, who rules that although one should ideally recite the beracha on tefillin before tying them to one’s arm (see S.A., O.H., 25:8), if he forgot to do so, he can still recite the beracha as long as he is still wearing the tefillin (Rambam, Berachot, 11:5; Yalkut Yosef, Hilchot Tefillin). Here too, the rationale is that the mitzvah is not a one-time action of binding the tefillin. Rather, it is a continuous mitzvah that endures every second the tefillin are worn. Therefore, it is not too late to recite the beracha on this mitzvah so long as one is still wearing them. This idea also underlies a ruling of the Shulhan Aruch. Even though we do not wear tefillin at night since the mitzvah only applies during the day, if one must embark on a journey before dawn and wear one’s tefillin in order to keep them safe, one may put on the tefillin before dawn and recite the beracha later on in the morning without having to remove them and put them back on (S.A., O.H., 20:3). All these sources demonstrate that one fulfils the mitzvah even without accomplishing the action of binding the tefillin. 

+ 

In conclusion, as long as Eddie and Meir are unable to place and bind the tefillin themselves, they may be assisted by their wives or children. They will fulfil the mitzvah and they should recite the beracha. 

  

 

 

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

The Case – Three iPhone 15s

Eli went out for lunch with his friend David in a local café in Israel. The two were discussing Eli’s upcoming vacation to Los Angeles and David asked Eli to buy him the new iPhone 15 from overseas. Eli agreed, and David forwarded the full sum in cash to Eli for the purchase. At the Apple store in Los Angeles, Eli inspected the new gadget and he decided to purchase three phones. One phone was for David, the second was for his own personal use, and the third he intended on selling in Israel at a profit. Eli wrapped the three phones in bubble wrap and packed them in his suitcase. Upon arrival in Israel, Eli opened his suitcase and discovered that his bag was tampered with. He inspected the contents of the bag and immediately detected that the bubble wrap was ripped and one of the phones was missing. He filed a complaint with the airport authorities, and while they were planning to investigate, the airport authorities added that it was possible the phone was stolen by a passenger as the suitcase was revolving on the belt. Eli had decided that it was David’s phone that had been stolen and Eli contacted David to inform him of the unfortunate occurrence. David responded that Eli had no right to determine that of the three phones it was specifically his that was stolen, since all three models were the same. David suggested that perhaps they split the loss between the two of them, or possibly Eli was to suffer two thirds of the loss as two of the three phones were his.  

How should the Bet Din rule – in favor of Eli or David? 

 

Torah Law 

According to the ruling of the Shulhan Aruch, a messenger entrusted with an item to deliver to another party is responsible to safeguard the item properly. A messenger who is not being paid for his services is liable only for loss or damage resulting from his negligence. In addition, while an unpaid messenger is not responsible in case of theft, he is accountable if any theft came about because of his negligence. According to leading halachic authorities, if the owner of the item was aware of the degree of protection being provided for the item, and did not express his objection, the messenger is exempt from liability even in case of negligence.  

By rule of the Shulhan Aruch, if money is stolen from a messenger after he mixed the entrusted cash with his own, the loss sustained by the theft is to be proportionately shared by the messenger and his sender.  Hence, if the total original sum mixed was owned two thirds by one and one third by the other, the portion of money stolen is divided accordingly. Each must sustain a loss based on their shares. The rationale behind this ruling is that currency is interchangeable, and after being mixed and subsequently stolen from, neither party may claim complete ownership of the remaining funds. 

On the other hand, if a messenger receives a specific item for delivery, and subsequently mixes the item with a similar item of his own, the above ruling is not applicable.  Each item is intrinsically different due to its distinct traits and features. Hence, they are not interchangeable, and each party may claim the return of their specific item. In instances in which one of the items is subsequently stolen, and due to confusion, it is presently unclear which of the items are missing, the messenger may withhold the remaining item in his possession. Since there is doubt as to which item was stolen, the messenger who maintains possession may request of the sender to provide evidence that indeed the remaining item is his. Without evidence, the sender may not collect the item from the messenger who maintains legal possession.  As opposed to the aforementioned ruling regarding the loss of currency, distinct items missing are not divided up proportionally by shares, since items are not interchangeable, and they distinctly belong to their original owners. 

Primary examples of distinct items that are not interchangeable include livestock, diamonds, and jewelry. However, there are various items that maintain a status similar to currency. Fruit, eggs, and other basic staples when mixed are considered interchangeable, and if stolen, the loss is to be sustained based on the amounts owned by each party. It stands to reason, that identical commercial products before usage can be considered interchangeable. Therefore, electronic devices purchased by a messenger for himself, and simultaneously on behalf of a sender, are legally comparable to currency and are to be divided proportionately. Hence, as aforementioned, if thirty identical gadgets are purchased, with twenty belonging to one party, and three are stolen, the loss is split by a two-to-one ratio. 

The above rulings regarding currency and interchangeable items are simpler when dealing with proportionate numbers, since this enables the division of the loss to be exacted according to a prorated breakdown. However, far more complicated cases may emerge based on these rulings. For example, if a total of three interchangeable items were mixed and one was stolen, the division of the remaining two is more complex. One the one hand, it stands to reason that the owner of the two items is clearly entitled to one item, since only one item was stolen, and he began with two. Therefore, he is automatically entitled to one item, and is required to split the value of the second with the other party, since perhaps the other one stolen was, indeed, his. Alternatively, since all three items were pooled together at the time of loss, the two parties are considered partners according to their shares, requiring the remaining two items to be sold and divided accordingly, at a two-to-one ratio. In such instances, a Bet Din will formulate a compromise based on cooperation of the litigants. 

Endnotes:  Shulhan Aruch Hoshen Mishpat 291:13 Ibid Pithei Teshuva 8, Hatam Sofer H.M. 168, Rama Hoshen Mishpat 292:10, Semah 292:30, Pa’amonei Zahav 292 quoting Hesed Le’Avraham , Ralbah 71, Sha’ar Hamishpat 121:7. See Pithei Hoshen Pikadon 8:22. 

 

VERDICT: A Real Smart Phone 

After much research and halachic analysis, the Bet Din formulated a compromise by awarding Eli, the messenger, with one of the phones, and requiring that the second phone be sold, and its proceeds to be split by David and Eli. David was aware that Eli was transporting the phones in his luggage and may not claim that Eli was negligent for not traveling with them in his carry-on. Since all three phones were never used and were of identical commercial model, they are considered interchangeable items. With no ownership rights to one phone over the other, Eli has no right to determine that it was David’s phone that had been stolen. Since Eli owned two of the phones, and only one had been stolen, he is automatically entitled to one phone. The second remaining phone was eventually sold at a profit and the sum was divided equally between the two. The Bet Din chose this path to resolve the matter, since it anticipated that David would be able to recoup most of his loss after collecting his share in the proceeds of the sale of the second phone. 

In Loving Memory of Vera Bat Carol, A”H 

 

YOU BE THE JUDGE 

 

First Right of Refusal 

Avi, a former resident of a yishuv close to Gaza, was evacuated from his home on the seventh of October. Together with his wife and six children, he was transferred to a small hotel in Jerusalem. After living in the hotel for nearly two months, he was bored, frustrated, and his family dynamics were failing. Avi found a job in Jerusalem and decided to leave the Gaza area permanently because of the continuous missile attacks over the years. He rented an apartment in a popular neighborhood in Jerusalem, but after only one month of rental he was informed that his landlord was in contract to sell the property. Avi confronted his landlord and offered to buy the apartment, claiming that as the present tenant he is entitled to the right of first refusal to purchase the property. The landlord was uninterested in dealing with Avi after he already signed with another buyer and dismissed Avi’s claim. In Bet Din, the two presented their respective claims.  

Is Avi entitled to purchase the apartment? Does his landlord have the halachic right to sell his apartment to an outside party? How should the Bet Din rule

TAL Academy Is Filled with Excited Learners!

We all have jobs and responsibilities in one form or another.  One very important job for children is going to school.  As we all know, not all jobs are pleasant, easy, or rewarding, especially for children who learn differently and need to be taught in the ways they can learn. 

 

When TAL Academy opened its doors to the children of our communities, who so wanted to learn but often struggled, the administration and staff made several commitments that are so essential for the children, their families, and to each member of the TAL faculty.   

 

First, enroll children with a clearly defined learning profile, so that learning could be focused, directed, and intensive. Next, the faculty committed to answering the question, “Who is this child?” using research-based approaches for teaching and meeting the specific learning needs of the children. Next, help the children feel assured that they are fully capable of learning, that they would learn, and that ultimately learning would become easier for them, and would be fun. Finally, the founders determined to insure that each student, as he or she learned both secular and Judaic studies, came to understand his or her own learning style, mastered skills for learning, and consciously used those skills with assurance and pride. 

 

The Blessings of a Joyful Environment 

 

TAL Academy has become a fully joyful learning environment for all of their students.  Steadily the children began to see that learning at TAL was different – and they could learn!  The feedback from the parents has been so gratifyingly positive.  Even more delightfully, the children are so committed to TAL.  They even requested “jobs”!  For example, some popular “jobs” include being the “walkie-talkie deliverer” and being a member of the “in-house video team,” that takes pictures and creates videos of daily TAL activities.  The staff is delighted and so are the children.   

 

In the four months since TAL Academy opened its doors, it has become a dream come true for the founding team, Mrs. Sara Taib, Dr. Lydia Soifer, and Mrs. Brocha Kresch. Moreover, the faculty are life-long learners, who work so very hard to create instruction that is consistent with the research and the learning needs of the children – direct, explicit, multi-sensory instruction.   

 

A Community of Learners 

 

TAL is a community of learners.  The children are learning. Moreover, they are learning how to learn.  The highly trained rebbeim, morot, speech-language pathologists, occupational therapists, and school psychologist provide a full dual curriculum, but most importantly, the immersive language-rich environment is infused with ahavat haTorah, yirat Shamayaim, and kavod habriot. 

 

TAL is proud to be a special education school.  It reflects the most positive meaning of the word, special – unique, exceptional, distinctive, and wonderful!  TAL Academy is looking forward to expanding the school next year to serve children in grades one through five.  The staff and administration feel blessed to have the opportunity to teach these children in the ways they can learn and to empower them to love learning.