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April 21, 2014 / 21 Nisan, 5774
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Posts Tagged ‘use’

The Purpose Of The Melachah

Thursday, November 22nd, 2012

The link between the laws of Shabbat and the Mishkan not only defines the 39 Melachot but also determines the conditions for liability. One of these conditions is intent. The other is purpose.

The melachah must be performed for a similar purpose as the act performed in the Mishkan. Accordingly, one might, intentionally, perform the same act performed in the Mishkan and yet be exempt from biblical liability if it did not have a similar purpose.

For example, digging (a derivative of plowing), was performed in the Mishkan for the use of the hole itself, in which tent pegs were sunk. Therefore, one who digs for earth and has no use for the hole has not performed a melachah in the Torah sense of the term, a melachah de’oreita.

Similarly, extinguishing a fire, a primary or av melachah, was performed in the Mishkan to produce glowing embers needed to smelt metal. Therefore, one who turns off the light in order to sleep, or to save electricity, has not performed a melachah de’oreita. Such an act is known as a melachah she’eina tzericha l’gufa. Although biblically exempt from liability once performed, a melachah she’eina tzericha l’gufa is rabbinically prohibited, a melachah derabbanan and should not be performed in the first place.

What is the difference between a melachah de’oreita and melachah derabbanan if both are prohibited? The answer is that generally there is more room for leniency in melachot derabbanan. For example, melachot derabbanan may, mostly, be performed during twilight, bein hashmashot, on Erev Shabbat; they may, with certain restrictions, be performed by a Jew on Shabbat to alleviate substantial pain; they may, in certain situations, be performed by a Jew on Shabbat in order to avert a substantial financial loss; they may, in certain circumstances, be performed for a Jew on Shabbat by a non-Jew; and they are not themselves subject to protective legislation.

Because the melachah she’eina tzericha l’gufa is closest to a melachah de’oreita, in that it only lacks the element of common purpose and because there is a dispute with regard to its definition, the rabbis are less lenient with it than with other melachot derabbanan. Accordingly, it enjoys some but not all of the flexibility described. For example, a melachah she’eina tzericha l’gufa may not be performed bein hashmashot. Such a melachah may, however, for the most part be performed by a Jew on Shabbat for the sick, even the not dangerously sick; and in certain situations may be performed for a Jew on Shabbat by a non- Jew.

Based on these principles, Rabbi Shlomo Zalman Braun, in his work Sha’arim Metzuyanim B’Halacha, writes that sparks ignited by plugging in or out of electricity is akin to a melachah she’eina tzericha l’gufa, in that it is a psik reishe delo neecha lei, which means an inevitable melachah arising from a permitted act that is of no use to its performer.

Accordingly, to avoid substantial financial loss one may ask a non-Jew to reconnect a well-stocked freezer that became disconnected from its electricity on Shabbat. Similarly, one may ask a non-Jew to turn off an appliance which, if left running all through Shabbat, would overheat and burn out.

IAF Bombed the Gaza Stadium, where Missiles Were Fired from the Grass

Monday, November 19th, 2012

Even after operation Pillar of Defense is complete, it will be a long time before they play major league soccer in the Gaza strip. Last night Gaza’s “Palestine” International soccer stadium was among dozens of targets bombed by AIF.

On Saturday night, F-16 fighter planes opened fire on the site, leaving four large holes in the playing surface, while causing severe damage to an indoor hall and an adjacent building of the Ministry of Youth and Sports.

Then, last night, according to Palestinian reports, three rockets hit the stadium – and caused even more damage. It was also reported that a woman who lives in a house adjacent to the stadium was wounded by shrapnel.

The IDF said that Hamas made cynical use of the stadium, using the grass field as a launch pad for rockets fired at Israel. “Terrorists fired rockets into Israel hid under the grass turf a large arsenal of weapons,” a military source told Israel TV Channel 2.

IDF Spokesman Yoav (Poly) Mordechai said this morning that the IDF “attacked the Gaza City Stadium after receiving clear information about it being used for firing rockets, which once again shows the use being made by terrorist of civilian centers.”

The Next Four Years

Wednesday, November 14th, 2012

By any measure, our newly reelected president has a great number of issues that will compete for his attention and among which he will have to prioritize. During the presidential campaign we repeatedly voiced concern that Mr. Obama might reprise the full-court press treatment he accorded the Israeli-Palestinian conflict early in his first term, and we can only hope he will focus elsewhere.

Indeed, what economists and politicians on both sides of the political divide are calling a looming economic disaster will certainly be an enormous challenge, while on the foreign policy front Afghanistan, Iran, Russia, China, the Arab Spring, and the growth of extremism in regions of the world like North Africa and Pakistan present formidable concerns that cannot be kept on the back burner.

So we suggest that a little benign neglect is in order when it comes to Israel and the Palestinians. The lesson of the first Obama term is that deep American involvement in trying to bring about a resolution only serves to complicate matters by encouraging unrealistic Palestinian demands.

Indeed, real peace can come only when the Palestinians recognize that Israel has more than paid its dues for a safe and secure homeland through a series of defensive wars against Arab aggression. Consistent with the normal course of human events, these victories must be reflected in any peace formula arrived at through direct negotiations between the two sides without the involvement of an overarching intermediary with goals and solutions of its own.

Yet there is no shortage of attempts to push the U.S. to reassume a robust role. Some see the current escalation of rocket attacks on Israel from Gaza as part of a continuing effort to keep attention focused on the conflict and the need for U.S. involvement. The Palestinian plan to seek observer status at the UN is of a similar nature and also designed to force an early U.S. decision on the course that Mideast policy in a second Obama term will take.

Even before the presidential election, both Palestinian President Mahmoud Abbas and his cheerleaders on The New York Times editorial board seemed intent on rejuvenating the peace process and pushing Israel into key concessions.

Thus, Mr. Abbas created quite a stir recently when in an interview on Israeli TV he seemed to renounce a right of return to Israel for Palestinian refugees. Asked what he considered to be Palestine, he responded that “Palestine now for me is the ’67 borders [sic] with East Jerusalem as its capital. This is now and forever…. This is Palestine for me. I am a refugee, but I am living in Ramallah…. I believe that [the] West Bank and Gaza is Palestine and the other parts Israel.”

Speaking of his having been born in Safed, he said, “It’s my right to see it, but not to live there.” He went on to say that “As long as I am in this office, there will be no armed third intifada. Never…. We don’t want to use terror. We don’t want to use force. We don’t want to use weapons. We want to use diplomacy. We want to use politics. We want to use negotiations. We want to use peaceful resistance. That’s it.”

Mr. Abbas had to have known that all of this would never wash with his colleagues, his constituents and his Hamas rivals – and indeed the uproar that followed his comments forced him to backtrack and clarify that he was only speaking about his personal views. His spokesman, Nabil Abu Rudainah, claimed that the interview was mainly intended to “affect Israeli public opinion.”

But Mr. Abbas seemed to have accomplished what he set out to do. Despite international opposition to his plan to seek non-member observer status for the Palestinian Authority at the UN and Israeli calls for a resumption of negotiations without preconditions, Mr. Abbas has projected himself as a “peace partner” and someone with whom Israel and the United States can work and thus someone to be empowered.

Indeed, Israeli President Shimon Peres quickly responded positively to Mr. Abbas’s initial comments, calling the Palestinian leader “courageous” and “a real partner for peace.”

For its part, The New York Times editorialized on Nov. 4that negotiations between Israel and the Palestinians “are unlikely to resume any time soon,” complaining that “Prime Minister Benjamin Netanyahu of Israel has refused to make any serious compromises, and the two-state solution seems to have a diminishing chance of ever happening” and warning that “Israel, the United States, the Palestinians and the entire region will pay a high price if Israel merely settles more firmly into the role of occupier over a growing Palestinian population that is left indefinitely without any hope of statehood and self-rule.”

Peres to CNN: ‘No Country in the World Would Agree’ to Rockets

Tuesday, November 13th, 2012

In an interview with CNN last night, President Shimon Peres said that if “Gazan mothers want to sleep at night, they must understand that all mothers want to sleep at night” including Israeli mothers.

He also said that “no country in the world would agree” to being bombarded with rockets.

Here’s what Peres said in the Interview:

“There is a permissiveness, they will learn there is no permissiveness, to kill. And if they want to run their lives properly and … their people properly, they cannot be permissive in killing and shooting at us.”

“It’s not just killing. We cannot afford that a million mothers will not have a night’s sleep because they have to watch their babies [to make sure they will not] be hit by rockets.”

“No country in the world would agree to it. Without exception.”

“We shall try to stop it by all the means we can mobile and use. And We can.”

“We don’t think that we are defenseless. We are restrained. We don’t take initiatives. We are careful to respect human life and we shall be careful. But if they want that the Gazan mothers want to sleep at night. They must understand that all mothers want to sleep at night with their babies.”

Here’s the video clip:

Bereaved Parents: Cut Electricity to Gaza

Sunday, November 11th, 2012

Dr. Aryeh Bachrach, chairman of the Almagor Bereaved Parents Forum, said: “The terrorism switch may be in the hands of Ismail Haniyeh and Hamas, but Netanyahu and Barak are able to influence them to turn it off. At the very least they should switch off the power to Gaza—immediately. Yet Netanyahu and Barak never do. A million Israelis are under siege in underground bomb shelters, while the residents of Gaza walk about freely and enjoy Israeli-generated electricity.”

Almagor head Meir Indor has called on the government to resume the use of artillery against terrorist targets in Gaza. Such operations were cancelled following a discussion before the High Court (details available upon request).

Indor also calls on the government to embark on a long-term operation to crush the terrorist infrastructure in Gaza, as was done in Judea and Samaria (the West Bank) in Operation Defensive Shield. “The goal must be to crush Hamas and to confiscate its weapons and the sophisticated equipment it is importing from abroad, which was yesterday to attack an IDF jeep.”

Indor, who served as a lieutenant colonel in the IDF, has criticized how operations are being carried out in Gaza: “The government of Israel is following the failed model of low-intensity warfare. The measured, limited strikes by the air force are a godsend for Hamas, which is thus able to keep up the conflict with Israel with an interminable game of tit-for-tat—except that Israel frequently fails to react at all. The Israeli government also fails to use any elementary means of pressuring Hamas, such as cutting supplies of money and goods.

“As long as Netanyahu keeps financing the Hamas government, he is not serious about putting an end to Hamas terrorism.”

Three Things to Do Before Meeting Your Financial Planner

Friday, November 9th, 2012

Did you know that the most important part of a financial planning meeting occurs even before you set foot inside your financial adviser’s office?

Before you meet for the first time, you need to do your homework. Even the most professional adviser can’t help you if you haven’t done these three things:

1. Make a list of your current income and expenses, as well as future anticipated income and expenses. Then, create a careful inventory of your net assets. Include any property you own, including stocks, bonds, mutual funds, savings and pension plans. To make this easier, use these trackers to organize your information.

2. Outline your goals.  Take a realistic look at what you want to accomplish beyond paying your monthly bills.  Do you have large college tuition expenses or wedding bills looming in the future?

When do you wish to retire? All of the various factors that may affect your future goals and desires should be written down before you meet with your financial planner so they can be included in the plan.

3. Buy a box of tissues either for the disappointing news that your aspirations are beyond your means or for the tears of joy when you find that your dreams are within your reach. While meeting with a financial planner can help create order an increased chances of reaching your goals, it shouldn’t bring any surprises.

The more complete your list of net assets, the more thoughtful your goals, and the more realistic your expectations are, the greater the chances of your reaching them… and the better you’ll sleep.

If you’re like me, even the most comfortable eye shades won’t help you fall asleep unless your finances are in order. A financial planner can’t make miracles or predict the future. However, if the clients supply accurate information and realistic goals, together they can create a financial plan to maximize chances of reaching your life goals.

Natural Gas in Israel – the Promise of Energy Independence

Friday, November 9th, 2012

(((CLICK BELOW TO HEAR AUDIO)))

Yishai is joined by Tamir Druz, the CEO of Israel CNG to discuss massive natural gas fields recently discovered in Israel. They talk about the discovery of the fields along with the potential uses for clean natural gas including its use in cars and buses throughout Israel.  Don’t miss this segment!

Yishai Fleisher on Twitter: @YishaiFleisher
Yishai on Facebook

Chronicles Of Crises In Our Communities

Thursday, November 8th, 2012

Dear Rachel,

In your column of Oct 26th you published a letter written by B’Ahavat Yisrael (really??) who attacked you for being soft on the candy issue. Actually, she sounded hyper, like someone who overdid the sugar, in her stinging criticisms of the people she (in her signature) professes to love.

She claims that we have lost our “sense of Yiddishkeit” and lists a whole host of grievances she has against us. Besides our “obsession with sweets,” she takes issue with the way we give mishloach manos, the type of music we enjoy and the expense we go to when making a simcha, and to add insult to injury she cites our frum culture as mirroring that of a non-Jewish society.

With all due respect, I would like to address her faulty analysis. Regarding her criticism of the way we give mishloach manos, she’s apparently never heard of hiddur mitzvah (the beautifying of a mitzvah by embellishing it). An example of hiddur mitzvah: some of us go all out to decorate our sukkah, which of course doesn’t mean that a plain looking sukkah does not cover the bases.

The same with the esrog; most men vie for a beautiful esrog, despite the increase in expenditure, and some even use a magnifying glass to check for the tiniest blemish. Would she consider this to be in excess or a sign of materialism? It is neither.

Giving more than the traditional two mishloach manos and getting enjoyment out of applying our own personal touch to them is hardly frivolous. On the contrary, it is putting our G-d given talents to good use. She can present hers without flourish and stick to the minimum required if she so desires, but she is not right in begrudging others their indulgence in a hiddur mitzvah.

She might also keep in mind that those in a position to go all out in celebrating occasions like weddings are mostly the same people who dispense charity to the needy with a generous hand. One should not dictate to others how their money should be spent. There have always been rich people, those of moderate means, and the less privileged. Naturally their different lifestyles reflect their resources; this is the normal way of the world and always has been.

As for overloading on sweets, the subject that led to B’Ahavat Yisrael’s rant in the first place, most of us are aware of the boundaries of unhealthy eating. In fact, overeating altogether (doesn’t have to be sweet junk) is detrimental to our health. Education may be what’s needed; we must talk about it – as we are doing here – and schools would do well to emphasize and promote the value of good nutrition. If we drum it into our kids early on, they’ll be more likely to live that way down the road.

Another disturbing condemnation by B’Ahavat Yisrael concerns summer camp for children. “When did that start?” she asks with incredulity. Would she really rather that they stayed home with nothing to do? Summer camp happens to be a wonderful outlet for children and a healthy way for them to unwind from their rigid school year, make new friends, and learn in a more relaxed atmosphere. Day camp is a lifesaver for those uneasy about sending their children to overnight camp or who cannot afford anything but.

No, summer camp does not spoil our kids, as B’Ahavat Yisrael implies. It offers them healthy physical and emotional outlets in a structured environment. She opines that they should stay put and “earn a little money.” At what age does she suggest they go job-hunting? At eight? Ten, maybe? Thirteen? The enterprising adolescent can, by the way, earn a few dollars by working in camp while still enjoying the benefits of being on camp premises.

As for B’Ahavat Yisrael’s contention that home is the best place for children to be in the summertime, I’m sure those mothers who can’t afford to send their children to camp of any kind would be willing to straighten her out as to the pitfalls of having children at home with nothing to do but play computer games, watch TV, annoy the heck out of their sibs, and eat. Mostly junk. Sweet junk. Lots of it.

Printed from: http://www.jewishpress.com/sections/family/chronicles-of-crises/chronicles-of-crises-in-our-communities-178/2012/11/08/

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