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November 27, 2014 / 5 Kislev, 5775
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Posts Tagged ‘Aruch Hashulchan’

Sandy!

Thursday, November 8th, 2012

Hurricane Sandy ploughed through the eastern seaboard, leaving devastation in its wake: mandated evacuation, flooded houses, power outages, uprooted trees, and smashed cars. The storm also raised serious questions regarded rented properties: Does a tenant have to pay rent for the time his house was affected by the storm?

Rabbi Dayan’s yeshiva was forced to remain closed for a few days due to lack of electric power. When it reopened, the students were bursting with questions, sharing the experiences of their families, spread across the affected region.

Some felt tenants should not have to pay for the time they were unable to use the house and should even get a refund if they prepaid. Others thought they should still have to pay. The dispute raged vehemently in the class.

Rabbi Dayan quieted the students. “Circumstances vary, so that it is impossible to provide a single ruling on this complex question,” he said. “The answer depends on whether the premises were unusable because of evacuation guidelines, actual damage due to water, loss of electricity due to major shutdowns, or trees falling on individual wires. If the house was rendered completely unlivable, the tenant likely does not have to continue paying rent [C.M. 312:17]. However, even if not so, it is important to introduce the concept of makkas medina, a calamity of widespread damage.”

“Where is this concept found?” asked Aryeh.

“The Mishnah [B.M. 105b] addresses the case of a person who leased a field and the grain was devoured by locust or shriveled by an intense heat wave,” answered Rabbi Dayan. “If the devastation was makkas medina, widespread devastation, he is entitled to a deduction from the rent. However, if the plague was not widespread, he must pay the full amount.”

“What constitutes a makkas medina?” asked David.

“The Gemara defines makkas medina when the majority of fields in that plain were damaged,” replied Rabbi Dayan. “The Shulchan Aruch, citing the Rambam, writes, ‘The majority of the fields of that city’ [322:1]. The rationale appears to be that if the majority of the region was affected, we cannot attribute the loss to an individual’s misfortune; otherwise, we attribute the loss to the misfortune of the renter. In a vast city, such as New York, we might treat individual neighborhoods separately.” (See also Aruch Hashulchan 312:36: “If the whole city was burned, not literally, but there was a great fire, Heaven forbid…”)

“How much of the rent can be deducted?” asked Shlomo.

“The Mishnah does not specify,” replied Rabbi Dayan. Rama [312:17] indicates that the loss is borne completely by the landlord; some suggest that it should be shared between landlord and tenant [See SM"A 321:6]. Regardless, if one person’s fields were damaged more severely than most others, we deduct more from his rent, since the event, as a whole, is determined a makkas medina.” (SM”A 322:3)

“What about fact that the tenant didn’t cancel his rental and continued to keep his possessions there?” asked Moshe.

“This is subject to a dispute between Maharam Padua and the Rama,” said Rabbi Dayan. “Maharam Padua limits the application of makkas medina to situations where the loss is already done, such as locust. However, regarding future inability to use, the renter has the right to retract; if he doesn’t, he cannot demand to retroactively deduct from his rent. The Rama, however, disagrees. He maintains that in a makkas medina the tenant is entitled to a reduction retroactively, even if did not retract [321:1]. A number of later authorities, though, side with Maharam Padua’s opinion.” (See Pischei Choshen, Sechirus 6: 29 at length.)

“What about people who evacuated, but no actual damage occurred to the houses?” asked Ephraim.

“Ketzos [322:1] cites the case of people who fled from a city because of danger but the houses were left intact,” said Rabbi Dayan. “Maharam rules that the landlord does not have to return the full amount since the house is intact and another tenant may have chosen not to evacuate. Machaneh Ephraim also rules that in such a situation, if the rent was prepaid, the tenant is not entitled to a refund. Others dispute this point.” (See P.C., Sechirus 6: 30.)

“And what about workers who were unable to work during this time?” asked Yigal.

Parshas Tzav

Wednesday, March 28th, 2012

Vol. LXIII No. 13 5772
New York City CANDLE LIGHTING TIME
March 30, 2012 – 7 Nissan, 5772
6:59 p.m. NYC E.D.T.

Sabbath Ends: 8:06 p.m. NYC E.D.T.
Weekly Reading: Tzav
Weekly Haftara: V’orvoh La’Shem (Malachi 3:4-24, we then conclude by repeating verse 3:23)
Daf Yomi: Kerisos 11
Mishna Yomit: Megillah 2:4-5
Halacha Yomit: Shulchan Aruch, Orach Chayyim 32:39-41
Rambam Yomi: Hilchos Tefillin u’Mezuzah chap. 5 – 7
Earliest time for Tallis and Tefillin: 6:09 a.m. NYC E.D.T.
Latest Kerias Shema: 10:03 a.m. NYC E.D.T.

This Sabbath is Shabbos HaGadol. Many congregations say the Yotzros of Shabbos HaGadol in the Reader’s repetition of the Shacharis Amida. We do not say Av Harachamim or Hazkaras Neshamos. It is customary to recite this Shabbos afternoon the Haggadah from “Avadim hayyinu” until “lechapper al kol avonoseinu.” It is a Minhag Yisrael that the Rav delivers a special sermon this Shabbos, the Shabbos HaGadol Derasha, combining Halacha and Aggada as they relate to the laws of Pesach.

On Motza’ei Shabbos at the conclusion of Maariv we do say Viy’hi No’am and Ve’ata Kadosh (according to the view of Rav Henkin – Aruch Hashulchan and Mishneh Berura citing Sha’arei Teshuva and Pri Megadim, others – Taz opine that since erev Pesach after Chatzos we are not permitted to do any melacha, that we do not say).

As Pesach commences next Friday evening, we search for chametz, this coming, Thursday evening. We put aside the chametz for the following day when it will be burnt. Friday, Erev Pesach – see next week’s luach.

The following chapters of Tehillim are being recited by many congregations and yeshivos for our brothers and sisters in Eretz Yisrael: Chapter 83, 130, 142. – Y.K.

In Praise Of Bubby

Wednesday, December 15th, 2010

The Gemara in Brachos says that one is not allowed to add his own praises of Hashem while davening. The Gemara explains that by doing so it could seem that what one added was the only praise missing, and that there are no more praises of Hashem. Similarly, Bubby, for one to try to mention all of your praises would be impossible. With that said I would like to mention a few points, without implying that this is all there is to be said.


 


In Shemos the pasuk tells us, “Vayakam melech chadash b’Mitzrayim.” Rashi explains that there is a machlokes as to whether it was a new king or the old king who made new laws. We can understand those that say it was an old king with new laws. However, how do those who say it was a new king explain that he did not know of Yosef? It was only a few years since Yosef’s death and he had saved the entire country from a famine. He was second in command and made Mitzrayim into a superpower. The answer is that, of course, he heard of Yosef but, because he had not witnessed Yosef’s greatness personally, he could not truly fathom it.

 

Bubby, this can be said of your greatness and of your chesed and maasim tovim, for they, too, were so awesome and great. Bubby, you were zoche to see five generations – for which it is said you will go to Gan Eden. But I’m worried that the next generation won’t be able to comprehend fully how great you were. For those who were fortunate to witness Bubby it is incumbent that we constantly review and remind ourselves of her great deeds, lest we forget. Hopefully, we will be able to properly pass down to our children who Bubby was.

 

When I got engaged, Bubby asked me whether I had mentioned to my kallah that we come from a long lineage of rabbis, including the Chasam Sofer, the Divrei Chaim, and the Aruch Hashulchan. I”yH, I hope to tell my children and their children, do you know who you come from, besides the above mentioned list I will tell them they come from you, Bubby and Zaidy.

 

We bless our children every Friday night, “Yasimcha Elokim k’Efraim uk’Menashe.” The question is: why do we ask that our children be likened to Efraim and Menashe over all the other shivatim? Rabbi Moshe Feinstein answered that, generally, there is an inherent yeridas hadoros. The further away one is, the weaker the mesorah. Yaakov Avinu felt that this was not the case with Efraim and Menashe. Although they were his grandchildren, he felt that they were on the same level as if they were his children, and the mesorah was not weakened.

 

Bubby, you were marich yomim and it was a zechus for everyone whose lives you were able to touch. You have helped keep the mesorah alive for us. I hope that we will be able to keep vibrant the mesorah that is from you.

 

I remember Bubby and Zaidy saying you should go m’chayil el chayil. Now it is our turn to wish it upon you Bubby, may you go m’chayil el chayil. However, I would like to add the end of that pasuk (from Tehillim), “yirah el Elokim b’Tzion.” The Gemara at the end of Brachos interprets this to mean those who go from multitudes of good deeds to multitudes of good deeds will merit to be mekabel pnei haShechina.

 

Bubby, you have definitely conducted your life in this manner – going from multitudes of greatness, good deeds, chesed and mitzvos to another. You shall now go and receive your reward, be mekabel pnei haShechina. May you bring with you your armies of zechusim and be a meylitz yosher for the family and for all Klal Yisroel and help bring the geula sh’leima b’karov.

Printed from: http://www.jewishpress.com/sections/magazine/in-praise-of-bubby-2/2010/12/15/

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