Thinking of our Friends From Amona

Guest Post by Judith R. Simon

Friends, as many of you know, the people that I love fall into many categories of political / religious / financial / life choice / other. And I like it that way. Wouldn't life be boring if all my friends felt the same as I did on all issues? It enriches my life and expands my horizons.

That having been said, I feel it necessary to express some of my strong feelings about what happened this week in Amona, so that those of you who may feel differently than I do can at least understand why I am in so much pain right now.

The media presents the residents of Amona as illegal builders on Arab land. Many have expressed that they deserve what they have gone through, for building illegally on Arab land.

The truth is far more complex than that. 

Twenty years ago, the people of Amona built a small town in good faith, with government backing. Only recently did Yesh Din search out and track down Arabs who claimed ownership of .5% of the land on which the town was built (2 dunam out of 500 dunam -- half a percent!!!).

When a person builds in good faith on land which is later discovered to be partially owned (and a very small part at that) by someone else (who only claims it 20 years later at the behest of an organization with a clear political agenda), is it fair to forcibly remove him from his land, destroy his home, and then BLAME HIM FOR IT? ???

In several parallel cases in the Negev where Bedouins built on land that is 100% owned by Jews with indisputable documentation, the Supreme Court refused to allow the government to evacuate the land until proper alternative housing has been provided. My friends in Amona are living in a crowded dormitory, sleeping on bunk beds, sometimes a family with 6 or 7 kids stuffed into one room. Their homes are scheduled to be destroyed within the week. 

Twenty years, children born, full families raised, furniture, memories, food cooked and consumed, art projects hung on refrigerators, clothes hung in closets, paintings hung on walls, beds made, light bulbs changed, windows washed, children kissed. All this destroyed. All this life that was built and nurtured deemed wrong. 40 Jewish families uprooted and tossed out like yesterday's garbage. From their homes in Judea and Samaria. For what? Because they are Jews.

You may disagree with me, and that's your choice. But please understand my pain, and understand that the people of Amona are victims of a power struggle between elements of Israeli society, the Supreme Court, and the current government. They are suffering emotionally, physically, financially and spiritually. They are in trauma now, going through tragedies created by others.

Please judge with mercy, not with vitriol.

Thanks and Shabbat Shalom.

P.S. Please comment, but please check your comments and leave out hatred or nastiness. Thanks.

Yom HaAtzmaut 2016

Yom HaAtzmaut is a different experience when in Israel to what it is like outside. I guess that is to be expected, but like any of the special days in Israel, the whole country comes alive at this time. 

I was waiting at the bus stop and a little down the road noticed the above image. People have fun hanging flags outside their windows in all kinds of sizes and combinations.

The next was a little complicated to capture without a tripod but we did it, even with a camera phone! Many fly the Israeli flag from one or both sides of their car and often on the back of the wing mirrors too. 

Last night the skies lit up with fireworks. Today the skies are alive with various forms of aircraft flying in interesting formations. I'd love to have the tripod and appropriate lens to capture that, perhaps in time.

There is much talk happening in the social media about this day. For some it is a definite Yom Tov almost like Rosh Chodesh. For others the fact that we do not yet have all of our land and do not yet have the Moshiach, is source of sadness and a reminder that we have not yet reached our goal. Either way, celebrating the steps in the process are important too and it is special to see the unity happening in many different ways.

What are your thoughts about Israel and Yom HaAtzmaut? What are you doing today? Are you taking some time to help to build the land? Are you spending some time appreciating the land G-d gave to us? If you are not yet in Israel, does today help you to confirm the importance of living in the land where we as Jews belong?

We'd love to hear how you are spending today. Drop us a note in the comment section.

Have a blessed day. May we merit "Next year in the Re-built Yerushalayim!"

Shoshanah Shear

Connections and Aliyah Tips - Helping One Another

I have so many thoughts racing round my head right now. I have some posts to put on Aliyah tips but while preparing those, our life was interrupted by a horrible, horrible tragedy. What do those two topics have to do with the image at the start of this post? Well the image is of a large group, gathered together. Different heights, different sizes, different clothing but together in a group.

On Tuesday of this week, I received an email to please Daven for two of the injured from a horrible attack.  They were the first two names she had heard of. Having worked in poly trauma in a large teaching hospital, I asked how they were. The question lead to some discussion at the end of which she showed interest in our Bayit Chadash Gemach, assisting orphans at the time of getting married. Not much time transpired when she emailed back that the wife of one of the injured whose names she'd given me requested for donations to be made to Hachnasat Kallah in the merit of a Refuah for her husband. I was awaiting some final info on our latest two orphans but set to work for an hour, dedicating that time to the Refuah of those injured.

The next morning I received a phone call from someone who lives in my area. He is a friend of the man and asked to make a small donation. We spoke a bit and a little later I went over to his home to meet his wife and explain about the work we do. She explained that they had a double interest, 1) merit for her husband's friend of 25 years and 2) for success in assisting a friend's son who is coming to Chuppah. We spoke a little and I found myself asking "is your friends son in x part of the Gush and marrying the beginning of Chanukah?"

Lo and behold, she is the best friend of the Chatan's late mother and is able to help us obtain the final information to assist him with items for his new home. Touched by the connection she was very grateful to be participating in what we are doing.

This morning I received an email from someone with a new item to donate. It turns out she is a co-worker of the wife of the same man, fighting for his life in a hospital in Jerusalem. 

With each interaction, another piece of the puzzle comes together. Another member of the group. Another reminder that the Jewish Nation is ONE big family. It is time for us to unite. It is time for us to drop our disagreements and stick together because when Am Yisrael is united, nothing can touch us. Not only are we strong together but our united merit was strong enough to enable us to receive the Torah and will be the key factor to help us merit Moshiach. 

So let us link this post to my series I was going to post and begin by saying, if you are in the process of making Aliyah, if you have already made Aliyah or if you are considering doing so, my first tip is remember Am Yisrael is one big family. If you come on your own, you are not alone, you are coming to your big family. If anyone upsets you, remember they are your relatives and smile, be kind to them and you will be surprised how the kindness leads to another kindness and another connection. And if you have not yet considered making Aliyah, come home. We need you. We need every Jew united together in ONE huge family portrait.

Please Daven for a Refuah for the following, injured in the attack.

Eytan Ben Sarah
Avraham Shmuel Ben Shaina
Shmuel Yerucham Ben Baila (I think this is Rebbetzin Heller's son-in-law)
Chayim Yechiel Ben Malka (in a medically induced coma with severe injuries. His wife requests donating to Hachnasat Kallah in his merit and listed our Gemach as one to give to)
Yakir ben Galit
Yitzchak ben Chaya
Moshe ben Sara

For those wanting to contribute to our latest two orphans, please be in touch ASAP. 

This Year IN Yerushalayim!

Pesach (Passover) is fast approaching. As Jews around the world prepare their homes for Pesach, cleaning, shopping, cooking, inviting friends and family to the Sedar night it is easy to get caught up in spring cleaning and making an event. However, the important part is to remember what Pesach is about.

In an earlier post we spoke of the Avos (our Forefathers) who first came to know Hashem and follow the One Living G-d. Yaakov and his sons went down to Egypt at the time of the famine and the Pesach story tells of our being saved by G-d from slavery to receive the Torah and come into Eretz Yisrael, a Nation, ready to serve G-d in Israel fulfilling Torah and mitzvos.

Around this time, many are planning a "walk for life" trip to Poland and certain concentration camps. An attempt to remember what happened. The video below links the importance of remembering the Hollocaust with the Exodus.

As we are reminded daily, we have to remember the Exodus and that we were strangers in a strange land. We were slaves in a land that was not ours. In todays time we are permitted to live in Eretz Yisrael once more, but we are far from free.

Sadly there are Jews who are not able to enjoy to spirit of Pesach fully. They lack the basic Kosher food required. They lack the ability to purchase new clothing, beautiful garments to feel like menchen and truly free to enjoy this special Chag.

There is a special mitzvah called Maot Chittim, specifically to help Jews in need with the minimum matzah they require to fulfill their obligation for the Sedar night. In truth it is an extended term indicating providing the poor with their Yom Tov needs.

While some like to travel to look at the remains of tragedies that occured, the Klaussenberger Rebbe, himself a survivor of some of the camps, teaches that the way to remember is by building and strengthening our fellow Jew. While some were bewildered at the time of liberation, the Klausenberger Rebbe was busy preparing burial for the Jews whose bodies liay in piles around. He made sure there was a Kosher kitchen, a synagogue and even was prepared to give up his own socks to make sure a little orphan girl had her feet covered.

As one survivor told her family, a major memory of Bergen Belson was that their first year there they managed to make matzot. Yes, right in the death camp, they made matzot. They remembered Pesach. Help us to honour the Jews who gave their lives throughout the history of the Jews, till today, not by walking through deserted spaces of doom, but through providing the basic needs to our fellow Jew to enjoy Pesach as it should be. In freedom with everything they require to feel like a Jew, to have self-respect, dignity and food fitting for a Yom Tov.

May we enjoy THIS year in Yerushalayim, all of Am Yisrael together with our Righteous Redeemer and our Final Temple.

Chag Pesach Kasher ve Somayach.

Comprehensive Guide to Small Claims Court - The Defense

Comprehensive Guide to Small Claims Court

The Defense

This Guest Post has been prepared for you by Tzvi Szajnbrum, Attorney at law

Introduction:

This document is a technical guide to the small claims court. Here you will learn the main legal rules when submitting a defence to the small claims court.

In a separate document, I will guide you in writing an effective claim or defense.

Small claims court in Israel is not similar to those in the United States or Europe. In order to understand how the system works, this short guide will be divided into sub-categories to make it easier to navigate.

This court (Tribunal) is incorporated in the Magistrate’s Court (Inferior Court) and any decision, judgment or resolution can be appealed within 15 days of the final decision. The appeal takes place in a higher court (“Beit Mishpat Mechozi”). Please notice: Appealing in these kinds of cases is usually not worth it and will most likely cost you a large sum.

Anyone can be sued through the small claims court, but not everyone can sue through this court. Only private citizens can sue through the small claims court but not companies, municipalities, government ministries or any other kind of organizations.

Another issue concerns legal representation. In this court you cannot be represented (when being sued or suing) by a lawyer. You are on your own, except in cases when the plaintiff or the defendant has a specific problem, such as language. In this case, the judge may permit a relative to aid in the procedures (but you won’t know until the hearing itself starts in court).

Unfortunately, when suing a company, government or any other entity (not a private individual), you may find yourself conducting the case against a lawyer who represents the other side.

How come? If the company or the entity has in its employ a lawyer, this employee may represent the company, but you cannot do this.

The “bad news” for new immigrants is that you can present your case only in Hebrew or Arabic, but not in English or any other language. If you need an interpreter you have to ask the judge’s permission when filing your defense.

It is strongly advised to use the services of a lawyer to write an effective complaint but never to write a defense without a lawyer.

The first step:

After receiving the complaint by registered mail or delivered personally, (In both cases it doesn’t matter if you agree or not to sign or even receive the papers. By law you’ve just received them in a legal way), shock usually follows and then the “outrageous phase”. Don't worry and stay calm. You have 15 days (including weekends and holidays) to present your written defense. If you need more time you must ask the court for it before the 15 days expired.

Second Step - the answers:

Start with a simple draft for yourself. For every one of the plaintiff’s arguments, plea or charge; you must have a specific answer. NOTE: For any non-answered charges, the plaintiff won’t need to “prove” his case on that issue. You will be considered as agreeing with him on that unanswered charge.

If you don’t present your defense the plaintiff will automatically “win” the case.

Third Step - the burden of proof:

The full burden of proof is always and only on the plaintiff’s shoulders and it is not on the defendant to prove these charges or claims. Be brief, clear, chronological and consistent in your answers.

Fourth Step:

It will be better if you present your defense personally to the court’s secretariat. There must be three complete copies. The secretariat hours are from 8:30 to 12:30 except Fridays, Saturdays or holidays. Keep a stamped copy.

Fifth Step - the audience day:

Your day in court has arrived. All sides must be present in the court room on time and it generally takes a long time to be heard.

It is advised to “visit” a court room before. Go to the nearest tribunal and “learn” how it works. All cases are open to the public and generally you can find a seat (don’t go before 9:30).

Forms used for plaintiffs and defendants:

You should use the form stipulated by the court; from these forms you can learn the outline of these documents. You are not obligated to type your legal documents but remember that the Judge is a human being and if you make the case clearer, you have a better chance of being understood.

In any case, if you decide to have your complaint or defense handwritten, it must be in clear handwriting, not very crowded and as short as possible (it should be brief in any case), but remember to answer any specific issue the plaintiff used in his complaint.

Below is a link for the forms for the defense: http://elyon1.court.gov.il/heb/forms/hagana1.htm.

Tzvi Szajnbrum, Attorney at law

www.lawadv.com

Tonight and the Rambam

This is an image from the Wikimedia Commons. The description on its description page there is shown below. Commons is a freely licensed media file repository.

Tonight, 6 Mar Cheshvan which falls this year 5770 on Shabbat, is the anniversary of the Rambam arriving in Yerushalayim in the year 4926. He merited to pray in Yerushalayim, presumably at the Kotel and fixed this day as a Yom Tov for him.

Since Shabbat is fast approaching, we will have to leave writing an article about Rambam and Israel for another post.

However, it is an important day, so why not light a candle, prior to lighting Shabbat Candles, in the merit of the Rambam and his brief journey to Israel.

Who was the Rambam? The Rambam, Rav Moshe ben Maimon otherwise known as Maimonedes, was born in Spain. He and his family (his parents and brother) fled from Spain to North Africa and then came to Israel for a very brief time. From Acco, he went down to Egypt.

We will mention more about the Rambam in further posts. The Rambam is burried in Tiveria, this being a story in and of itself.

Eretz Yisrael - "I want to be a Jew"

In various discussions with Jews who are in Israel, coming to Israel and have been in Israel, a certain fact crops up from time to time. There are those who think or believe that returning to live in the Land of Israel is a new idea, a new trend, something Zionistic.

The truth is, returning to or living in the Land of Israel began with Avraham Avinu, our father in the Parsha of Lech Lecha where G-d tells Avraham to leave his land, the place of his birth and journey to the land that G-d will show him. G-d promises Avraham that the land, at that time known as Eretz Canaan will be given to the descendants of Avraham through Yitzhak and Yaakov. In fact, when Avraham Avinu came to settle in Eretz Canaan, it could have ended there.

For reasons I do not understand, when a famine began in the land, Avraham and Sarah, his wife, journeyed down to Egypt to obtain what they needed and wait out the famine. This action was not favorable to G-d and as a result the children of Yaakov repeated their grandfathers actions in journeying down to Egypt at the time of famine.

Of course, G-d is Infinite and could have sustained us in Israel, but for reasons known to G-d, the events described in the Torah transpired.

We are taught of two other significant times that Jews came to Israel. The first was Yaakov our father who returned to the land of his father and grandfather after spending years with Lavan. Now he returned with wives, children, livestock and wealth. The second time is the famous time of the Exodus from Egypt when we were lead by Moshe Rabeinu and later Yehoshua in our return to the land of our fathers.

In further posts we will look at our great rabbis, sages and Tzaddikim who returned to live in the Land of Israel, including their reasoning, messages to Am Yisrael and other lessons to learn from them.

For now, let us return to our father Yaakov. As we are taught in the Chumash, Yaakov had a struggle with the angel of Eisav his brother. This struggle took place through the night and at dawn, when Yaakov was deemed victorious, he received a name change to Yisrael.

It is this name Yisrael that we take on when coming to live in this special land. The name Eretz Yisrael ארץ ישראל means I want to be Yisrael. We get this from the following. Ratz or רץ is from the language of Ratzon meaning to want or desire. When we put an aleph in front of a word, (verb) it becomes a future tense for I, therefore becoming I will want or I will desire Yisrael.

What is this Yisrael that I will desire? There are two ways to translate this. As we see from the above scenario, Yaakov was given this name when overcoming adversity, when being victorious over the darkness. So it is that most Jews when returning to Israel, go through a period of struggle and darkness. However, if we remember our goal, Eretz Yisrael, I will desire Yisrael, we can maintain our focus and come through victorious just as Yaakov Avinu was. After this we become worthy of settling in and living in the Land of Yisrael, the Land that G-d promised to the descendants of Avraham, Yitzhak and Yaakov or Yisrael.

The second way to understand this is that Eretz Yisrael means "I want to be a Jew". In other words I desire to do those things that a Jew should do in this world.

This is Eretz Yisrael - the true desire of every Jew. The Jew wishes to be Yisrael (as opposed to Yaakov) and he/she wishes to be a good Jew, studying the Torah and fulfilling the Mitzvot, the ultimate place for this being in Eretz Yisrael, the Land of Israel.