Wednesday, January 2, 2013

Paying A Babysitter On Time

Rabbi Yosef Tzvi Rimon from Shabbat Bi-shabbato. Traslated by R' Moshe Goldberg

Question: A couple hires a young girl as a babysitter for their children. When they return home at night they see that they do not have enough money in their wallets to pay her. Can they delay the payment to the babysitter until the next time that she comes to work for them?
 
Answer: The Torah commands us to pay the salary of a worker as soon as he or she finishes the work. One who delays paying violates a Torah prohibition and also does not perform a positive mitzva. (One who "takes possession" of a wage – that is, who declares that he will not pay at all – violates five different prohibitions. See Choshen Mishpat 339:2, and the article on "Bal Talin" in the Talmudic Encyclopedia.) On the other hand, the worker is allowed to waive the obligation and to agree to accept the payment at a later time. It is also possible to make an agreement in advance that the payments will be made at regular intervals and not after every individual job.
 
However, both of the above alternatives – waiving the obligation and making an advance agreement – are not recommended. With respect to a waiver, there are times when the babysitter will agree to the request only in order to avoid an unpleasant situation. In addition, when the babysitter is a child there are some who feel that she is not halachically capable of agreeing to a condition. And with respect to a prior agreement, while it alleviates the problem of the prohibition of not paying on time, there are those who feel that a person who makes such an agreement has forfeited the opportunity to fulfill the positive mitzva of paying on time.
 
It is written in the Talmud that if one who has hired does not have the money to pay the salary he does not violate the prohibition of paying the salary late (Bava Metzia 112). The Ritva discusses a dispute about whether one who hired a worker is obligated to sell his personal belongings in order to raise the money to pay. In the end the rabbis took a lenient position and ruled that the person should try to obtain the money as soon as possible but that he is not required to sell his own possessions. (See the article by Rabbi Tzvi Arnon in Techumin, volume 22.)
 
Thus, strictly speaking, one who does not have money available is allowed to delay the payment. But as is written in the Sefer Hachinuch, "In any case, every reasonable person should make sure to have the salary available before hiring a worker" [Mitzva 588]. In the book Alya Rabba it is written that the ARI ruled that one should be very careful about this matter and take care as much as possible to make payments for rent on time, even if the renter will be forced to borrow money to do this (Orach Chaim 232, Hilchot Tefillat Mincha). It is said that one time the ARI delayed the Mincha prayer in order to obtain the money to pay a worker who had done a job for him. Similar stories have been told about other prominent Torah scholars who tried to observe this law and to pay every hired worker on time.
 
Therefore, it is best to take a little more time and take money out of an ATM on the way home in order to fulfill a Torah mitzva!

Troubled About His Humanity

Rav Mordechai Greenberg - Rosh Yeshivat Kerem Bi-yavneh in Shabbat Bishabbato. Translated by R' Moshe Goldberg

 
The sages interpret the name "Di Zahav" in the beginning of the book of Devarim as a reference to the sin of the Golden Calf. They described a parable of a man who had a son. He washed him, anointed him with oils, fed him, and gave him to drink. He then tied a bag with money around his neck and sent him to the entrance of a place of ill repute. Could this son avoid sin? That is how Moshe defended Bnei Yisrael. He said: You gave them an abundance of gold, until they were satiated. Why is it surprising that they made a calf?
 
Rabbi Soloveitchik found this difficult to understand. While it is true that the story has elements in common with what really happened, it is basically illusionary. What father would ever do this to his own son? The rabbi replied that just like Egypt, which was the height of civilization at the time of the exile, so all of the places where Bnei Yisrael were sent to exile were considered the most sophisticated cultures of their times. This includes Babylon, Greece, and Rome (and perhaps Germany in our generation), which were all at the highest levels of culture, technology, and science when they conquered the people of Yisrael. Why did G-d specifically choose to send Bnei Yisrael in exile to these places? The answer is that this was meant to oppose any possible suggestion that just as the Jews have the Torah the other nations have just laws and regulations, culture, and behavior patterns of their own. The Holy One, Blessed be He, therefore sent us into the most civilized centers, so that we would be able to compare the Torah and the culture of the other nations from our own experience.
 
Based on this approach, Rabbi Soloveitchik was able to explain a verse from this week's Torah portion. "And he saw an Egyptian man striking a Hebrew man from among his brothers. So he turned to and fro and saw that there was no man, and he struck the Egyptian and hid him in the sand." [Shemot 2:11-12]. It is interesting to note that at first we are told that Moshe saw "an Egyptian man," but in the end he struck "the Egyptian" – without the title "man." At first Moshe thought that the Egyptian was a man, somebody who was important and learned. But when he saw how ruthlessly he struck the Jew, he was troubled about his humanity. "He turned to and from and saw that there was no man" – Moshe realized that this was not a man but a two-legged beast who strikes others and pushes them around, and therefore, "he struck the Egyptian" - without the title "man."
 
This is similar to what Malbim wrote with respect to the verse, "I said that there is just no fear of G-d in this place, and they will kill me because of my wife" [Bereishit 20:11]:
 
"He [Avraham] told him that even if he or his nation appeared to be great philosophers and that they had written upright laws and acted in good ways and followed justice and the law according to their intellect – Avraham could not be sure that their intellect would prevail when lust moved such a man or nation to perform an evil act. The opposite was true. At a time when they would have a fiery lust for another man's wife or his fortune without any witnesses, then the intellect would also follow the inclination to murder and adultery and all kinds of evil. There is only one force in the soul of man that we can trust not to sin, and that is the trait of fear that is planted in the soul."
 
It is remarkable to see these thoughts that Malbim wrote before the Nazis came to power in Germany.
"You chose us from among the nations" (the primitive ones) "and lifted us up from all the other peoples" (who are cultured). [Shabbat Mincha prayer].

Did Moshe Believe?

The gemara says [based on this weeks parsha] that Moshe Rabbeinu didn't believe in Hashem! You don't believe me??

A shiur here.

[Note: There is a happy ending. He really did. We just have to understand what the gemara means.]

Tuesday, January 1, 2013

Grama Or Not?

In the post about the boxer it said that he was told that if a gentile puts him on the scale it is only grama and permitted. I received an email asking for my thoughts on this.

I am not a posek and didn't see this discussed explicity but my gut feeling is that it is not true. Grama is an indirect melacha such as putting bottles of water near a fire so that when the fire reaches them, they will extinguish it. Having someone put me on an electric scale seems pretty direct. My body is doing the melacha. May I let someone grab my hand and turn on a light? IF it would only be grama the rule is that in a case of a great loss grama is permitted. [Of course many would argue that not participating in a boxing tournament is a great gain but in the young boxers mind it was certainly a great loss]. But I don't think it is.

In this article we defined grama [from the Chelkas Yaakov] as a melacha that doesn't happen immediately after the person's action. Here, the electronic reaction is immediate, so again, it wouldn't be grama.

Of course, I may be wrong. My main focus in my learning is generally not halacha l'myse so if it is not discussed in the sources, I leave it to those who are the Masters. I just posted to promote further thought and hope that someone will write an article defining the exact parameters of grama on Shabbos [he has to read mine first:)].

In general, just about every halachic statement and certainly halachic discussion that one reads about in the secular press will be inaccurate. Halacha is complex and the media [on matters of Torah] is simplistic. Beware.

The Difference Between Humans And Animals

גם בעל חי שומע, אבל אינו מקשיב. רק האדם הוא המקשיב כי רק הנשמה היא המקשיבה ולא הגוף- וההבדל בין אדם לאדם תלוי במדת הקשבתם. ואם אנו רוצים להבחין במדת קרבת ענין אל הלב, נוכל להבחין זאת מאופן הקשבתו של מי שהענין נוגע לו
 
 
Even animals HEAR but they don't LISTEN. Only a person listens because only a soul listens and not a body - The difference between people depends on the amount of listening they do. If we want to discern how close a matter is to one's heart we can do so by seeing how much a person listens to a matter that pertains to him.
 
Rav Yaakov Moshe Charlap אורי וישע
 
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There is a Jew in Ramot who is a hugely successful marriage counselor. He takes no money for his services and works completely לשם שמים and he is very popular and great at what he does. [You can ask me how he lives when he does everything for free and I will answer that the same question of "how does he make it" applies to half this country - myself included. The answer is miracles...:)]
 
I have a relative whose father lives nearby and is a big talmid chochom and wise man. He asked his father once "What is this man's secret. How does he help bring shalom bayis to so many couples?"
 
His father answered that this man has the ability to listen to someone talk for eight hours straight and not interrupt.
 
Do you want to help someone? Start by listening. I know people who have no understanding of what this means and it affects their marriages, their children and all of their relationships - and not for the good... They hear everything and listen to nothing. Saaaaaaaddddddd.
 
We have had earlier posts on listening and hope to continue, especially after reading the above-quoted shtickel from the Kodesh Kodashim, Rav Charlap. I can't resist. Two shiurim from his sefer on shmos here and here.

A Kiddush Hashem?

From the world wide web.....
 
It happened at Armenia’s prestigious Demirchyan Sports Complex. Ten thousand people crowded the stands on November 25th for the opening ceremonies of the 2012 Youth World Boxing Championship - thousands remained outside for lack of space
 
Young contestants from 70 nations flew in for the event. Israel sent a small delegation of some eight boxers, each the national champion in his weight class.

 

Akiva Finkelstein (18) from Bet El, is Israel’s light welterweight (up to 140 lbs) champion. Born to Baruch a real estate agent, and Michal – a midwife at a Jerusalem hospital, Akiva viewed the boxing schedule upon arrival and saw that his first fight was set for Saturday night.
 
Being a religious Jew, Akiva and his father had faced many difficult halachic (Jewish legal) dilemmas at previous tournaments. Kosher food was always an issue. Other boxers delved into lavish steak dinners, while the Finkelsteins sufficed with fresh vegetables and canned kosher foods.


The standard procedure at boxing tournaments is to weigh in on the first day to assure that each contestant is within his designated weight class. But soon after arrival in Armenia, Akiva saw that the rules were slightly different. He immediately emailed his father stating that a new halachic problem had arisen: the boxers had to weigh in on the same morning of any scheduled fight. For Akiva, this meant getting on the electric scale on Shabbos.
 
Baruch joined his son in Armenia on Wednesday. He began negotiating with those in charge to try and have Akiva weighed in on Friday afternoon, before the onset of the Sabbath. The authorities wouldn't bend.

Baruch patiently explained the problem to a high official in the Int’l Boxing Association. After spending all the money to participate in the event and in view of the extenuating circumstances, Baruch told his son that if someone picks him up and places him on the scale while Akiva remains completely passive (in Jewish Law, this is called grama), that he could then weigh in on Saturday morning. The high official agreed to this arrangement, awkward as it was.


Come Saturday morning, Akiva’s turn to get on the scale arrived. The high official who agreed to the special arrangement was there. But when the big boss of the event saw what was going on, he intervened to stop it. “The boy has to step on to the scale,” the man in charge said.

The high official who wanted to accommodate told Baruch, “It’s my boss. I can’t overrule him.”


The otherwise simple procedure of weighing in fighters came to a halt, a verbal exchange began, and the room became quiet. Baruch argued his son’s case – the case of Judaism. Other board members expressed their opinion: “If it’s a religious issue and in the final analysis the Israeli contestant would fulfill our guidelines of being weighed on the same morning of the fight, so what do we care? Let’s comply with his request and place him on the scale.”

The boss heard them, was leaning towards agreeing, but then posed a question to Baruch. “These Jewish laws are centuries old, right? Then how did they know about electricity back then? It hadn't been invented yet! What kind of a religion is this?”

Baruch wasn’t about to engage in a one-on-one study session with the big boss from Wales, England about the intricacies of electricity usage on the Sabbath in Jewish Law.


The boss made up his mind: “This is utterly and completely absurd. I’ve never heard of anything like this in all my boxing years. And besides, what if this sets a precedent, and then maybe there will be a heavy guy who we can’t pick up. Forget this whole thing.” Turning to Baruch, he made his final call: “Your son either gets on the scale, or we disqualify him from his match tonight. He'll be out of the championship.”


The Israeli coach turned to the Finkelsteins and said, “How can you back out of this? Had we known, we would have brought someone else from Israel to represent us in this weight class. You can’t just disqualify yourself over stepping on the stupid scale. No way!”

Akiva began boxing when he was ten. From the outset, his coaches recognized his potential and said that if he works hard, he would represent Israel in the world championship when he turned 18. For eight years, Akiva had worked every single day for this moment.

His father even flew him to New York every summer to practice at Gleason’s World Famous Boxing Gym in Brooklyn. This is where Muhammed Ali trained along with many world boxing champions.

In addition to being a prize student in his Torah and secular studies, Akiva was completely focused on the 2012 World Championship for most of his childhood. It was his main aspiration.

And here the long-awaited moment had arrived and was in jeopardy over what appeared to all onlookers to be a trivial religious issue.

Baruch didn’t want to decide for his son. Akiva had sacrificed 8 years of his free time for this moment, and Baruch wasn’t going to be the one to take it away from him.

The room was completely quiet. The boss from Wales had given his final ultimatum. Baruch and all eyes were turned to 18-year-old Akiva.

Akiva tilted his head down and said, “I’m not getting on the scale. I can’t do it.”


The Int’l Boxing Association board promptly disqualified him. The Israeli coach was furious.

On Shabbat, Baruch and Akiva went to the only synagogue in the city where no one had prepared the Torah reading. Akiva accepted the challenge and read from the Torah.

The father and son got the earliest plane out and returned to Bet El, where Akiva went back to his Yeshiva.
 
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What was your reaction? If it was "Wow!! What a hero! What a Kiddush Hashem!" I agree.
 
If it was "How loathsome for a ben-yeshiva, a frum boy, to be a boxer", I also agree. The sword - and the fist - belong to Esav. Yaakov is in the tents using his voice to daven and learn. הקול קול יעקב והידים ידי עשו. The hand is supposed to be used to give and not to hit, as the Lubavitcher Rebbe beautifully explains in this weeks parsha based on which Chazal say that if one strikes his fellow man it is like striking Hashem himself. Strong words.
 
But wait...
 
An unlikely story: There was once a yeshiva boy named Refael Halperin [he recently passed away] who was close to the Chazon Ish. He had been a big masmid in learning but he lost it. He loved wrestling and he was good at it. Very good. He decided to go professional and the Chazon Ish permitted it!!! He became a Champ!
 
I am not sure whether or not he was frum during this period but I know for sure that for the rest of his long life he was. He died a completely Charedi man. He wrote sefarim and was a very successful businessman.
 
The moral: Sometimes a child needs something and although ideally we would prefer that he want the Rambam and the Rashba - he needs to be allowed to fulfill his yearnings.
 
Akiva Finkelstein - you are a hero. You sacrificed 8 years of training so as not to be mechalel shabbos and your "reward" was a lot of ridicule.
 
In shomayim, where it counts, you are THE MAN!!
 
חילך לאורייתא!
“There are only two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle.”

A. Einstein