Tuesday's Thoughts on the Daf - Bava Kamma 93

Bava Kamma 93a contains a reference which (in my own narrow minded view of the world) validates my philosophy on dealing with my children's problems.

On 93a, R' Yitzchak states "woe to one who cries out, more than the one who is the subject of the outcry." The gemara supports this by citing to a beraisa which learns from Shemos 22:22-23 that Hashem will punish both the one who complains and the one who is complained about. The gemara finishes by stating that the one who does the crying is the one who will be punished first.

When dealing with my children and their occasional penchant to tattletale on each other, I try to teach them not to tell on each other, unless the subject child is doing something dangerous or is otherwise physically harming the "teller." The method is simple - if you are going to tattle on him/her, both of you are going to get punished - do you still want to tell me ...?

I'm glad to see that R' Yitzchak backs my philosophy on child rearing...

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My Monday Musings on Sports and Matzah

As regular readers of this blog are aware, the Monday post is usually devoted to sports with highlights and analysis of the Max Kellerman show which formerly aired on 1050 ESPN Radio. Although Max has resigned from 1050 and has not yet resurfaced on the NY area airwaves, I have decided to continue the tradition of linking sports to Torah which I believe was an undercurrent of the Max Kellerman show.

As anyone with electricity is aware, the country is in the midst of March Madness, when average Joes and Jills with no connection to the 65 colleges in the NCAA Tournament will suddenly develop an affinity for various schools which they did not attend. For me, I can recall many a March night watching or listening to the NCAA broadcast, hoping to see the St. John's Redmen (now Redstorm) advance in the dance. While the program has declined in recent years, I still root hard for them when they are in the Big East Tournament, hoping against hope that they would earn the automatic bid and punch a ticket to the dance. Much like my hockey years in my youth, I am left disappointed when the Johnies don't make it to the NCAA tournament. At least this year they played with some fire despite massive injuries and had some wins against quality opponents down the stretch. Still, the season did end with a loss to the Richmond Spiders in a third rate tourney.

Speaking of the season ending with a loss, I heard an interesting statement during the TV broadcast of the end of the Oklahoma game yesterday. The commentator said that it was sad that Blake Griffin's college career would end with a loss. However, when you make the NCAA Tournament, every team's season ends in a loss with the exception of the National Champion. This is in stark contrast to the end of the NCAA football season when thirty some odd teams are crowned bowl winners as reward for winning their "last game" of the season. [While some would have you believe that there is only one national champion in NCAA football, the BCS process is severely flawed and there simply is no true champion].

The comment about how close teams get, yet only one succeeds reminded me of a question that my 9 year old daughter Yael asked me on Shabbos - why does the dayeinu song say that it would have been enough for Hashem to bring us to Har Sinai and not give us the Torah? Had we actually gotten so close to the goal of receiving the ultimate book of knowledge, why would it have been enough for us?

I saw two completely different answers to the question which I would like to repeat in this post.

The Adir B'Melucha haggadah quoting the Yismach Yehudah compares the situation to a baby. A baby does not need to be taught to nurse as it instinctively knows how to get sustenance. The Torah and its mitzvos similarly sustain us, yet because of our historical actions we have deteriorated and cannot instinctively sustain ourselves from the Torah. Indeed, the Gemara in Yoma (28b) teaches that the Avos kept the Torah without having received it, because they knew what was to be done. The Gemara in Shabbos (146a) teaches that when the Jews reached Har Sinai their impurities were gone and they could say na'aseh v'nishma because they now instinctively knew the Torah before being told what was written therein.

Since the Jews were on such a high level when they arrived at Har Sinai that they instinctively knew the Torah laws without having yet received the written text, they could sincerely say that even had they only gotten to Har Sinai and not received the written Torah, it would have been enough, because they had returned to the level of instinctively knowing the Torah.

The other answer I would like to repeat is from the Chassam Sofer as quoted in the Chassam Sofer haggadah. He explains that the word nesinah as used in the line in dayeinu is very telling. The root nassan is generally used to describe the giving of a present. We see that Moshe was given Torah as a present from Hashem in the Gemara in Nedarim 28a which writes that the verse in Shemos 31:18 "Moshe was given when he finished talking to Him" teaches that Moshe kept forgetting the Torah he had learned until it was given to him as a gift.

This is the meaning of the dayeinu. Had Hashem brought us to Har Sinai and not given us the Torah as a present it would have been enough for us, because by all rights we should have been made to earn the Torah. However, since it was given to the Jews as a gift, we say an extra special thank you by mentioning it in dayeinu.

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Sunday Night Suds - Samuel Adams White Ale

This week's Sunday Night Suds review looks at another of the "spring ales" the Samuel Adams White Ale.

As I discussed in my post on the Redhook Brewery's Copperhook Ale (reviewed here

http://kosherbeers.blogspot.com/2009/03/sunday-night-suds-redhook-copperhook.html ) the typical spring ale is one which is light in color with a citrusy tang and light carbonation). Although the good folks at Beer Advocate have not yet defined the term "spring ale", I am confident that when they do create such a category they will adopt my definition. Well, maybe confident is too strong a word, but I would like to hope that we see things the same way.

Much like the Blue Moon Rising Moon Spring Ale (reviewed here http://kosherbeers.blogspot.com/2009/03/sunday-night-suds-rising-moon-spring.html ) the Samuel Adams White Ale (their spring seasonal variety) starts with a wheat beer base. They then add some spices which are not listed in detail on their label. However, the SA website indicates that the flavorings include orange and lemon peel, dried plum, grains of paradise, coriander, anise, hibiscus, rose hips, tamarind, and vanilla.

Despite all the complex flavors listed above, the Spring Ale is remarkably drinkable and in no way resembles alcopop. The wheat ale color and carbonation are largely intact and the flavors infused into the brew process create a beer which could go with many types of lighter dishes. Personally, I think that it goes well with a sefer when preparing divrei torah to say over at the seder later this month.

Samuel Adams Spring Ale is under the Kosher Supervision of the Star-K. However, this is yet another Samuel Adams brew which does not have the certification mark on the label. If you would like to verify that the White Ale is on the LOC issued by the Star-K, please click here http://www.star-k.org/loc/kosher_letter_6635_bostonbeercompany.pdf.

To see what the experts on Beer Advocate think about the White Ale, please follow this link - http://beeradvocate.com/beer/profile/35/8297. As always, please remember to drink responsibly and to never waste good beer unless there is no designated driver.

Finally, if you've tried this beer or any others which have been reviewed on the kosher beers site, please feel free to post your comments (anonymous comments are acceptable).

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Thursday's Parsha Tidbits - Parshas Vayikra

The following is a brief summary of two thoughts said over by R' Frand in his shiur this evening. I have attempted to reproduce these vorts to the best of my ability. Any perceived inconsistencies are the result of my efforts to transcribe the shiur and should not be attributed to R' Frand.

As Thursday was Rosh Chodesh Nissan, Rabbi Frand mentioned that the Mishkan was assembled on Rosh Chodesh Nissan. He first reviewed the chronology of the midbar period in which Moshe went up on Har Sinai to ask for forgiveness for the Jews and came down on Yom Kippur to advise them that Hashem had forgiven them. The following day (11th day of Tishrei) the process of designing and building the Mishkan began. However, the Mishkan was not formally assembled until Rosh Chodessh Nissan.

The Medrash Tanchuma explains that the pieces of the Mishkan were actually sitting and ready to be assembled three months prior to Nissan. The Medrash cites R' Shmuel Bar Nachman who taught that Hashem wanted the Mishkan to be assembled on Rosh Chodesh Nissan because that was Yitzchak Avinu's birthday and Hashem wanted to be mi'arev the simcha of building the Mishkan with the happiness of Yitzchak's birthday. Meanwhile the “leitzanei hador” were critical of the waiting process and were not aware of the significance of Rosh Chodesh Nissan. This is alluded to in Mizmor Shir L'Yom HaShabbos (Tehillim 92:5-7) in which it is written “Ki Simachtani Hashem B'Faalecha, B'Maasei Yadecha Aranein” which refers to the building of the mishkan; “M'od Amku Machsevosecha” which refers to the depth of Hashem's thoughts, which the fools did not understand had a connection (“Ish Ba'ar Lo Yeida...”).

R' Frand then quoted R' David Kviat (sp?) who asked – don't we have a general principal, “ein ma'arvin simcha b'simcha (we don't join two happy events together)? So why would Hashem want to specifically be mi'arev the building of the Mishkan with Yitzchak's birth?

R' Kviat answered that Yizchak is the pillar of avodah and was himself a korban. Chazal teach that Yitzchak came to the akeidah with happiness, knowing that he was to be offered as a sacrifice. Thus associating him with the Mishkan was meant to show our happiness of having a place where Hashem would dwell and where we could serve Him. The two events were not dissimilar smachos (such as having a wedding during chol hamoed) as the image of Yitzchak and his happiness in serving Hashem could act as a segulah for the Jews in their use of the Mishkan to serve Hashem.

The second vort said over by R' Frand was quoted from the sefer Kisav Hakabalah. It states many times in Sefer Vaykira that a korban was offered “l'reiach nichoach l'Hashem” which can be translated as the korban was offered as a pleasant smell for Hashem. However the Kisav Hakabalah cites to another explanation which appears in the sefer Ma'asei Hashem which states that the reiach nichoach is the smell of the person bringing the korban.

R' Frand then gave a mashal. When a person comes home Friday afternoon from work and smells the aromas of shabbos such as the soup, or challah or kugel, the person knows that the meal will be delicious, well before the food is actually consumed. [I personally love to come home and tell my aishes chayil that the house smells like shabbos]. R' Frand mentioned that this is a “leading economic indicator” - if the food smells good, you know that you are in for a great meal.

The same concept applies (kiv'yachol) to Hashem. When he sees that a person is offering a korban, He knows that the person is attempting to draw close to Him and wants to do better with his life. The person offering the korban has not yet taken the acts which will follow through with his personal improvement and closer kesher to Hashem. However, the act of bringing the korban is a first step in showing that the person does want to draw closer and the precursor to the mitzvos which will be done. Much in the same way that the great smelling challah I smell upstairs in my home right now means that I will have a delicious shabbos meal tomorrow although I have not yet eaten it, the scent of the person who sincerely offers the korban is the leading indicator to Hashem that the the ba'al makriv will be doing many mitzvos in the future.

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Wednesday's Weird But True Legal Cases - Vol XLVI

Tonight's weird (but true) legal case asks the question when is an interior decorator an architect?

The above question was the legal issue which determined the controversy in Marshall-Schule Associates v. Goldman, 137 Misc.2d 1024, 523 N.Y.S.2d 16 (Civ. Ct. N.Y. Cty. 1987). In Goldman, a firm which claimed that it was engaged to perform "interior design services" sued a property owner to recover for services rendered in connection with home improvement work. The property owner counterclaimed seeking to recover its $10,000 deposit on the contract.

In New York, the state legislature provides for the licensing and regulation of many professions (usually through the New York State Department of Education). Among those professions is the field of architecture, which the Court in Goldman defined as:

rendering or offering to render services which require the application of the art, science, and aesthetics of design and construction of buildings, groups of buildings, including their components and appurtenances and the spaces around them wherein the safeguarding of life, health, property, and public welfare is concerned. Such services include, but are not limited to consultation, evaluation, planning, the provision of preliminary studies, designs, construction documents, construction management, and the administration of construction contracts.

In suing to recover for payment for the services rendered, the plaintiff asserted that it was involved in the field of interior design which it defined as "being 'concerned with design, lay-outs, arrangements and choices of colors, fabrics, furniture accessories and other decorations.'”

In rendering its decision, the Court looked to the letter of agreement between the parties which established that the work would include:

floor plans, elevations, architectural drawings, along with furniture layouts, color schemes, fabric selections, wallcoverings, curtain and window designs, floor coverings.... The first phase of work will be designs for all of the architectural work to be done-new kitchen, two new bathrooms (including electrical and plumbing), the redesign of closets, the addition of any cabinetry (bookcases, etc.), and any changes in walls and openings; for all of which we will supply a general contractor which we will supervise. The second phase will be the decoration-furniture and as above

Based on this work description, it should not be surprising that the Court ruled that the work was within the definition of architecture. The court noted:

the language in the “letter of agreement” and the various services performed (e.g., over forty architectural-type drawings) and to be performed (e.g., re-arrangement of doors and closets, supervision of a general contractor), describe activities and services normally rendered by an architect. A licensed architect was here required. In agreeing to perform such activities and provide such services without aid of a licensed architect, plaintiff violated Sections 7301 and 7302 of the Education Law(Section 7302: “only a person licensed or otherwise authorized to practice under this article shall practice architecture or use the title ‘architect’ ”).

As a result, the Court dismissed the plaintiff's complaint seeking payment for the work performed and then granted judgment on the counterclaim, requiring the plaintiff to return the $10,000 retainer. The Court took one additional extraordinary step and directed that:

Copies of the proposed order and the actual order when signed are also to be served upon the office of the District Attorney, New York County and the Attorney General of the State of New York so that such public officials may take such action as is required and which they, in their official discretion, believe warranted to insure that there be future compliance with Education Law 7301 and 7302 by plaintiff.

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Sunday Night Suds - Saranac India Pale Ale

This week's Sunday Night Suds review looks at another of the Saranac brews - the Saranac India Pale Ale.

India Pale Ales (aka IPAs) are one of the oldest forms of ales which are still available today. As noted by the gurus at Beer Advocate, IPA were:

First brewed in England and exported for the British troops in India during the late 1700s. To withstand the voyage, IPA's were basically tweaked Pale Ales that were, in comparison, much more malty, boasted a higher alcohol content and were well-hopped, as hops are a natural preservative. Historians believe that an IPA was then watered down for the troops, while officers and the elite would savor the beer at full strength. The English IPA has a lower alcohol due to taxation over the decades. The leaner the brew the less amount of malt there is and less need for a strong hop presence which would easily put the brew out of balance. Some brewers have tried to recreate the original IPA with strengths close to 8-9% abv.

On this side of the pond, they brew the American IPA's a little differently than their English counterparts. Going back to Beer Advocate, "The American IPA is a different soul from the reincarnated IPA style. More flavorful than the withering English IPA, color can range from very pale golden to reddish amber. Hops are typically American with a big herbal and / or citric character, bitterness is high as well. Moderate to medium bodied with a balancing malt backbone."

The Saranac IPA certainly is true to the American IPA style. The beer itself is a deep copper color with more than a little bitterness. The Heineken man visited this weekend and asked whether he could have some of the beers in my fridge. Yes, I responded, but stay away from the Saranac India Pale Ale as it is too hoppy for a lager lover like you (OK maybe I did not say it exactly like that, but it was pretty close).

The Saranac IPA goes very well with full flavored food such as spicy Chinese or Mexican fare. If when you order a beer you ask for a "pint of bitters" this may be just the drink for you.

Saranac Pale Ale is under the kashruth supervision of the Va'ad of Detroit, as are all other beer produced by Saranac. For the experts take on Saranac Pale Ale, please click here http://beeradvocate.com/beer/profile/99/1464.

As always, please remember to drink responsibly and to never waste good beer unless there is no designated driver.

If you've tried this beer or any others which have been reviewed on the kosher beers site, please feel free to post your comments (anonymous comments are acceptable).

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