Betterment tax (hetel hashbacha) is a levy payable to the local planning authorities by an owner or long-term leaseholder of a property, under Israel’s Planning and Building Law. 

If, since the seller originally purchased the apartment, the planning authorities have adopted a new zoning plan allowing greater use of the property or additional building rights, or if the seller submitted a request and was granted additional building rights or other benefits affecting the value of the apartment – the seller may well owe the municipality Betterment Levy, which is payable by the seller at the time of sale. 

For example, the local municipality may approve a city building plan, which allows certain residential areas to add a room on the roof of their building. The very ability to add another room improves the building – and, by extension, of the property itself, thus raising its value. Hence, the name “betterment tax/levy.” 

The tax is in an amount equal to 50% of the increase in value of the property created by the amendment to the local plan by the planning authorities. That said, in practice, landowners may be able to lower this percentage somewhat, after exercising their right to a counter-appraisal. Many sellers are not aware of the levy until after they have signed sales contracts, by which point it is too late. There are other municipal assessments, such as for new sidewalks, roads, sewers etc., which may have to be paid by the seller in order to carry out the sale. 

Betterment levy is not charged for illegal construction, such as building without a permit. However, where the property owner is brought to trial, capital gains tax may be added as part of the legal proceedings.

I liked the following insight that appeared in the Hebrew “Shabbat BeShabbato” pages this week (Parshat Naso, No. 1526), written by Ya’akov Etzion.

Ya’akov gives an innovative explanation for a phrase in Friday night davening that I have always found difficult. In the Magen Avot prayer after the Amidah, the following words appear: “we will give thanks to His name every day continuously, me’ein ha-berachot“.  What do these two last words actually mean?

The Gemara (Berachot 40a) explains the meaning to be: “Every day we should give Him the blessing appropriate to the day (me’ein ha-berachot).”  But this explanation seems far removed from the simple meaning of the words.

Ya’akov Etzion notes that early manuscripts (including that of the Rambam’s Mishneh Torah, which is accessible on the Internet) indicate that the original wording was actually Ma’on Ha-berachot = an alias for God! (Ma’on can mean a Repository or House). Yemenites until today have this wording in their Siddurim. Indeed, the Cairo Geniza even juxtaposes the two in the “Sim Shalom” blessing: “Ma’aon Ha-berachot ve’Oseh Ha-shalom.”

The beracha thus states that God is: “the Repository of blessing, the God to whom thanksgiving is due, Master of peace, Who sanctifies the Shabbat and blesses the Seventh Day.”

Of course, read in this light, the Chazan would need to sing the words as one continuous unit, rather than breaking them up into a separate stanza (-:

Question: WHY ARE MOST JEWISH OBJECTS COVERED?

Answer: The Gemara (Ta’anit 8b) says, “blessing only rests on that which is hidden from the eye. Once it has been counted, its potential for blessing is lost.” And so, many of our ritual objects are covered: The Torah has a mantle over it & is kept in an Aron; the Aron itself has a Parochet/curtain; a Mezuza has a housing/bayit, as do Tefilin; a Megila is kept in a case; Matza on Pesach & Challa on Shabbat are covered, etc. What is the deeper dynamic at work here?

Rav Yochanan Zweig explains: “Inherent in man’s nature is an insecurity regarding his
possessions, which manifests itself in the need to feel ownership over them. He may constantly
touch his wallet or count his stocks, bonds or cash. The word ‘bracha” connects to ‘breycha-pool;’
Man’s blessings flow to us from G-d. As long as something is connected to its source (like a tree,
for example) it grows & flourishes, but if it is cut off, it withers and dies.
When Man asserts total ownership over an item, he risks separating it from its source,
which is G-d, & thus losing it. But by keeping it hidden or covered, he reminds himself that it is
not completely his; it comes from G-d & not from us.”

Comment by Simon: The holiest parts of the Mishkan (Holy/Holy of Holies) are also hidden from view. Also worth remembering is the fact that the walls of the Mishkan are taller than the height of the Cohen Gadol, so that the latter will not be seen from outside. All this attests to the unique quality of the Mishkan - tzniut (modesty). In fact, there is one Halachic opinion which holds that in the time of the Third Beit HaMikdash, the Mishkan too will return! This is in keeping with its special and ever-relevant message - walking humbly before God…

Shabbat Shalom!
- Simon

Question: WHY ARE MOST JEWISH OBJECTS COVERED?

Answer: The Gemara (Ta’anit 8b) says, “blessing only rests on that which is hidden from the eye. Once it has been counted, its potential for blessing is lost.” And so, many of our ritual objects are covered: The Torah has a mantle over it & is kept in an Aron; the Aron itself has a Parochet/curtain; a Mezuza has a housing/bayit, as do Tefilin; a Megila is kept in a case; Matza on Pesach & Challa on Shabbat are covered, etc. What is the deeper dynamic at work here?

Rav Yochanan Zweig explains: “Inherent in man’s nature is an insecurity regarding his
possessions, which manifests itself in the need to feel ownership over them. He may constantly
touch his wallet or count his stocks, bonds or cash. The word ‘bracha” connects to ‘breycha-pool;’
Man’s blessings flow to us from G-d. As long as something is connected to its source (like a tree,
for example) it grows & flourishes, but if it is cut off, it withers and dies.
When Man asserts total ownership over an item, he risks separating it from its source,
which is G-d, & thus losing it. But by keeping it hidden or covered, he reminds himself that it is
not completely his; it comes from G-d & not from us.”

Comment by Simon: The holiest parts of the Mishkan (Holy/Holy of Holies) are also hidden from view. Also worth remembering is the fact that the walls of the Mishkan are taller than the height of the Cohen Gadol, so that the latter will not be seen from outside. All this attests to the unique quality of the Mishkan - tzniut (modesty). In fact, there is one Halachic opinion which holds that in the time of the Third Beit HaMikdash, the Mishkan too will return! This is in keeping with its special and ever-relevant message - walking humbly before God…

Shabbat Shalom!
- Simon

The Sacred and the Profane
by Rabbi Dr. Moshe Pinchuk

The penultimate subject of Tezaveh is the daily dual sacrifice, more commonly denoted by its Hebrew name, the Korban Tamid (Ex. 29, 38-42). The description of Korban HaTamid reappears, almost verbatim, in Parashat Pinchas (Num. 28, 1-8). A reason for this repetition may be culled from the differing contexts in which Korban Tamid appears. The context in Tezaveh is the sanctification and inauguration of the Mishkan as the abode of the Divine; of Aaron and his children as Kohanim and commencement of their service in the Mishkan. Korban Tamid is the means by which the Altar is sanctified and inaugurated. Indeed, this is one of the most festive, exciting and extraordinary events recorded in the Pentateuch. The context in Pinchas is a world apart. Here Korban Tamid is introduced as the everyday, ordinary and mundane sacrificial activity in the Temple. Korban Tamid does not suffice for any day of festivity and an additional sacrifice is required, appropriately called Korban Mussaf (lit. an additional sacrifice). In short, in Tezaveh, Korban Tamid is the epitome of the extraordinary and unique. In Pinchas, Korban Tamid is presented as ordinary, routine and mundane. And yet, it is precisely the same Korban in both places, even the wording is almost identical, begging the comparison. Rashi (Num. 29, 4), perhaps perturbed by this strange identity, attempts to differentiate: "although such a command has previously been issued in Tezaveh, that was for the inauguration. Here (in Pinchas) the command is for posterity". Ramban (id. loc.) however, rejects this and insists that it is the same sacrifice mentioned in both places.

The emergent message of this identity is the bidirectional connection between the ordinary and the extraordinary. With all the excitement and festivity of the inauguration and sanctification, we realize that ultimately this is all meant to enable the daily and ordinary activities of the temple, embodied in the form of Korban Tamid. Conversely, and perhaps more importantly, as we trudge through the daily routine of the Korban Tamid, we are encouraged to imbue it with the glamor, meaning and excitement it had on that special day when we first engaged in this activity.

Identifying the sacred in the mundane and finding the extraordinary in the ordinary is a theme that can be found in many areas. Compare Pesach to Sukkot. On Pesach we celebrate the unique and the miraculous in our redemption from Egypt. Sukkot, on the other hand, represents four decades of mostly uneventful routine of living in huts in a desolate desert, and yet this is cause for celebration. Our core prayer, Shemone Esreh, is recited thrice daily, six days a week, altogether eighteen consecutive times. Each recitation is identical word for word, and yet we are charged with the task of lending new meaning and wonder to each recitation. This is amply demonstrated by the juxtaposition of the following two mishnayot (Tractate Berachot 4:3-4): "Rabban Gamliel says, Man must daily recite the eighteen benedictions."... Rabbi Eleazar says, "If a man turns his prayers into a fixed charge they cease to elicit mercy". Again in the realm of prayer, compare the Aleynu LeShabeach said in fear, trepidation and supplication as a centerpiece of our prayers on Rosh HaShana and Yom Kippur to the daily hurried mumbling of the same Aleynu LeShabeach as we hurry out of the Synagogue. The meaning of the double appearance of Korban Tamid as both a routine activity and as a festive activity can be expanded and applied as the value of searching for and creating a rainbow of colors and music from the silent grey of everyday routine life.

Interestingly enough, the first subject of Tezaveh, the oil donation for lighting the Temple Menorah (Ex. 27, 20¬21), is also part of a binary pair. Its twin appears almost verbatim, towards the end of Emor (Lev. 24, 1-4). Ram- ban explains the repetition in terms of the source required to supply the oil. The oil in Tezaveh was obtained through donations from generous Israelites. These donations, however, were a one-time event. Once this supply was diminished an alternate steady and reliable source had to be found. Emor reveals that the new source was to be derived from communal taxes. This binary pair alludes to the concept of seed-money grants: A donor with vision and generosity provides the initial capital required to initialize and start a project. Seed money, however, is a one-time event. This is meant to encourage the project to become viable and independent of the donor and create its own reliable and steady sources of support.

Indeed Larry Roth z"l was one of those generous Israelites with a vision, it was largely due to him that the vision of Torah MiTzion became a reality, and with his constant guidance and care has now become a viable entity. יהי זכרו ברוך.

Depreciation of Terms and Conditions of Employment (Ha-ra’at Te’naim)

“A person who has been employed continuously for one year… by the same employer or at the same place of employment and has been dismissed is entitled to receive severance pay (pitzuyei piturin) from the employer who has dismissed him.”
Section 1(a), Israeli Severance Pay Law, 5723-1963

“Where an employee resigns by reason of an appreciable deterioration of his conditions of employment (ha-ra’at te’naim) … the resignation shall, for the purposes of this law, be deemed to be dismissal”
Section 11(a), Israeli Severance Pay Law, 5723-1963

Generally speaking, the Israeli Labor Courts are sympathetic to claims for severance pay on the grounds of ha-ra’at te’naim. However, the following points should be noted:

1) The law speaks about an “appreciable worsening” of terms and conditions of one’s employment, which are introduced unilaterally and without the employee’s consent, such that the employee cannot be expected to continue in his work.

2) Certain conditions must be satisfied in order to be entitled to receive full severance pay. These include giving the employer an opportunity (via notice in writing which explicitly identifies the ha-ra’at te’naim in question), to rectify the ha-ra’at te’naim and stating that if the depreciation is not rectified, the employer should regard this notice as a letter terminating the employee’s work, which will enter into force within a given period of time (e.g. 14 days).

3) Timing is also important - the employee must convey his objection to the ha-ra’at te’naim, immediately upon or proximate to their occurrence, as failing to do so, will deem the employee to have agreed to the new terms and conditions.

What will generally be regarded as ha-ra’at te’naim – and what will not?

The usual cases of ha-ra’at te’naim include lowering an employee’s work load or delaying paying his/her salary on a regular basis. The Labor Court has recognized that an employer’s injurious and denigrating attitude towards his employee can also constitute ha-ra’at te’naim. Worse conditions relative to those that appear in one’s employment contract will likewise be regarded as ha-ra’at te’naim.

A change in the employee’s hours of employment could well be regarded as ha-ra’at te’naim. Thus, for example, when the employer is aware that the number of hours of employment have been agreed in advance, such a change might well impede the employee’s ability to attain additional income or to fulfill other obligations.

Likewise, a material change in the scope of the employment which can be proven might constitute ha-ra’at te’naim.

Finally, where one’s professional status has been changed in an extreme and serious manner, without any connection to salary change, whether for better or for worse, this too will constitute ha-ra’at te’naim.

However, not every change will constitute ha-ra’at te’naim. As we have already noted, the change must be an appreciable change for the worse - not merely minor, which is not consistent with labor laws and/or with the employee’s work conditions in force until the change. The change must impact on the employee in an appreciable manner.

Thus, while negating an employee’s entitlement to his salary cannot be legally enforced, the courts have determined, however, that when there occurs a change of arrangements and procedures in one’s employment – where such change has not been implemented in order to adversely affect the employment terms and conditions or for invalid reasons – this will not be regarded as an appreciable worsening of the employee’s conditions of employment.

Moreover, severance pay is not granted automatically by the courts - in many cases, the courts have determined that at times the employee has been too quick to resign, solely in order to gain entitlement to severance pay. However, where the courts are convinced that the reason for resigning indeed emanated from ha-ra’at te’naim, and that a causal link exists between the terms of the employment and the resignation, the employee will be entitled to receive severance pay.

Because severance pay cannot be guaranteed in cases of resignation, an employee whose terms of employment have changed for any reason can notify the employer that there has been an appreciable depreciation in his conditions of employment according to the law, and request that the employer retract these. Alternatively, he could continue to work as usual and at the same time sue the employer in the Labor Court.

***

Simon M. Jackson is a practising attorney, notary and professional translator in Israel. His specialized areas of practice include contracts (including rental and employment agreements), real estate transactions, commercial law (companies, partnerships, amutot-NPOs), wills and successions, and professional translations (notarized translations a specialty). Simon writes an active blog about contemporary legal issues, Hebrew language gems and Torah insights. Simon can be contacted in any of the following ways:

Direct Dial: 0737-40-60-40
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Video: http://youtu.be/tzYASLIxXAc

Disclaimer: The content of this blog is for informational purposes only. It is not intended to be comprehensive, and nor does it constitute legal advice. We attempt to ensure that the content is current, but we do not guarantee its currency. You should seek legal or other professional advice with respect to any particular issue or problem.

Recent Court Case –
The Importance of Good Faith Also During Contractual Negotiations

Under Israeli law, not only must “an obligation or a right arising out of a contract be fulfilled or exercised in customary manner and in good faith” (s. 39 of the Contracts (General Part) Law, 5733-1973), but even “in negotiating a contract,” the parties “must act in a customary manner and in good faith” (s. 12(a) ibid); and “a party who does not act in customary manner and in good faith shall be liable to pay compensation to the other party for the damage caused to him in consequence of the negotiations or of the conclusion of the contract (s. 12(b) ibid).

The requirement of good faith not only in fulfilling the contract, but even at the negotiating stage – regardless of whether the contract materializes at all – was the most far-reaching innovation of the Israeli Contracts (General Part) Law, 5733-1973.

This principle was graphically illustrated in an important recent court case (Haifa District Court, Civil Case 10103-11-13, Shani Oliel v. Talya Zahava Adler et al).

The plaintiff located an apartment, owned by the defendant, in the Bat Galim neighborhood of Haifa. After speedy negotiations, the purchase price agreed for the apartment was NIS 1.16 million. The plaintiff’s attorney wrote to the defendant’s attorney, requesting him to send a draft contract – which he did the same day. Several days later, it was agreed that the parties would meet to sign the contract. However, one week before the scheduled meeting, the defendant met with another couple, and signed an agreement to sell the apartment for NIS 1.3 million.

The plaintiff therefore petitioned the Court for an order to enforce the draft contract with her, or, in the alternative, to compensate her in the sum of NIS 140,000 – the profit that the defendant had made from selling the apartment to the other purchasers.

The judge who heard the case, Ron Sokol, focused on the issue of “good faith” on the part of the seller – who, at the last minute, changed her mind. He noted that Israeli law attributed legal significance not only to documents that were written and signed documents, but also to statements made between the parties. According to Judge Sokol, statements such as “the matter is closed,” “congratulations” (mabruk), “I promise” etc., articulated before withdrawing from the negotiations, would justify a finding that the withdrawal was not performed in good faith. The same would apply to ancillary documents signed by the parties’ attorneys which would enable the purchaser to obtaining funding, signing a power of attorney etc. – essentially, any document which could attest to the formation of the contract. Withdrawing from the contract at such a stage would thus be regarded as a lack of good faith on the part of the seller.

The judge determined that the seller and her attorney had represented to the buyer that all of the details had been agreed and that nothing remained for negotiation. Although a contract for the sale of the apartment had not yet been signed, a time for signing the contract had been set and it was anticipated that the parties would sign the documents and complete the transaction. Therefore, the judge ordered the defendant to pay NIS 70,000 to the plaintiff together with her attorney’s fees.

The judgment clarifies the limits of negotiations. Negotiating with a number of potential buyers in tandem is not off-limits, in and of itself. However, a seller who does this must alert all bidders to the fact that he is conducting parallel negotiations or at least that he is not obligated not to do so. Failure to act in this manner may result in a judicial finding that the seller has acted not in good faith and must therefore pay compensation, which could potentially amount to the difference between the price at which he agreed to sell the property to one bidder and the price for which the apartment was eventually sold to another purchaser.

Several people recently asked me: What happens if I don’t make a Will?

There are at least 5 worrying answers to this question:

Without a properly drawn up Will:

• Your widow will receive only 50% of your assets – while the additional 50% will be distributed amongst your children (can you be sure 50% of your assets will cover all your widow’s needs?)
• You will not be able to appoint guardians to take care of your children, should you and your spouse die when your children are still young.
• Your heirs will need to file an application for a succession order – a procedure which is complicated and lengthy as compared to the much simpler procedure of applying for an order to probate a Will.
• You won’t be able to make bequests of specific items of monetary or sentimental value to your children or grandchildren (jewelry, books, various collections etc.)
• You won’t be able to enjoy the peace of mind of knowing that you’ve done everything possible to prevent arguments and rivalry amongst your children regarding your assets after you die.

For further advice and assistance in making an Israeli or UK Will, feel free to contact Simon: 0737-40-60-40 / 0545-742-374 / simon@jacksonadvocates.net

Several people recently asked me: What happens if I don’t make a Will?

There are at least 5 worrying answers to this question:

Without a properly drawn up Will:

• Your widow will receive only 50% of your assets – while the additional 50% will be distributed amongst your children (can you be sure 50% of your assets will cover all your widow’s needs?)
• You will not be able to appoint guardians to take care of your children, should you and your spouse die when your children are still young.
• Your heirs will need to file an application for a succession order – a procedure which is complicated and lengthy as compared to the much simpler procedure of applying for an order to probate a Will.
• You won’t be able to make bequests of specific items of monetary or sentimental value to your children or grandchildren (jewelry, books, various collections etc.)
• You won’t be able to enjoy the peace of mind of knowing that you’ve done everything possible to prevent arguments and rivalry amongst your children regarding your assets after you die.

G’mar chatima tova,
- Simon

For further advice and assistance in making an Israeli or UK Will, feel free to contact Simon: 0737-40-60-40 / 0545-742-374 / simon@jacksonadvocates.net

You are about to rent an apartment. A person purporting to represent the landlord presents you with a single sheet of paper and shows you where to sign on the dotted line (“it’s just standard wording,” he assures you). What should you look out for to protect your interests?

In Part I of this article, we discussed the issues of obtaining a valid power of attorney in the case of an absentee landlord; the importance of making an inspection of the property before signing the lease; adding e-mail as a valid form of communication between the parties;
what to do when the landlord requests rent in advance; the advantages of an option-to-renew; and premature termination of the lease.
We conclude this article, with a series of further practical issues to consider before signing the lease.

Payment of expenses (Arnonah, water, Va’ad Bayit)

In terms of paying expenses – the tenant should only be responsible for usual expenses and regular Va’ad Bayit (Building Maintenance Committee) costs, not for building repairs or improvements/renovations (installing an Intercom system or fixing a lift in the building, replacing a solar heater on the roof, etc). Arnonah, the municipal tax on the apartment, can be high (it includes the water bill), so be careful to ask how much you will have to pay in advance (although as an Oleh Chadash you are entitled to a discount of up to 90% on the bill for the first year, on presentation of your lease to the Iriyah-Municipality). Arnonah is payable according to the number of rooms and amount of space in the apartment – hence it is important for the contract to make clear if one room is closed to you by the landlord.
You should also inquire in advance as to how much you will have to pay monthly to the Va’ad Bayit of the building (if there is no Va’ad Bayit, you will be responsible for performing your share of the upkeep of the common parts of the apartment building).

Repairs and Maintenance of property

You should likewise be responsible only for repairs caused by your use of the property – not for fair wear and tear. The contract should be formulated in such a way as to make it clear that the renter is responsible only for repairs above and beyond what is normal usage, and that the owner is responsible for all other repairs (such as structure, wiring/fuse box, and dampness/plumbing). In the case of an absentee landlord, check who will be your reference point if any repairs need to be effected during the term of your lease. Remember that you do not want to have to be dealing remotely, through an absentee landlord who may be 7-10 hours distance away from you, especially in the case where urgent repairs may be required.
A property manager or agent inIsraelis therefore highly recommended.

Insurance

You should insure your own belongings, while the landlord should insure property and contents belonging to him.

Security deposit

It is normal to be required to give some form of security deposit.
If a personal check is given, you should write on the check hamcha’at bitachon bilvad – lo sachir, clarifying that the check is for security deposit only and is not negotiable. An undated blank check might be asked for by the landlord, in which case the lease should state by whom the check will be held and clear terms as to the conditions under which the check should be cashed and when it will be returned to you. Whether or not you are required to provide a promissory note (shtar chov) and one or more guarantors (areivim) often depends on how good a negotiator you are! If a shtar chov has to be given, it should be limited in amount (at a level of no more than 3 months’ rent, especially when the rental term is not for many years and where the apartment and furnishings are not in mint condition). A demand to furnish a bank guarantee (areivut bankait) in particular should generally be resisted by the tenant, as it both costs money for its issue and locks up with the bank the amount on the guarantee; in addition, the landlord can cash it in without giving any notice to the tenant. Obviously, from a tenant’s point of view, the less security he needs to give the better and easier for him (especially as it may be near impossible for a new immigrant to provide a guarantor, let alone two).

Signing of contract

Finally, every hand-written change to the lease should be initialed by both parties. Likewise, the parties should initial at the bottom of every page of the contract, with their full signature on the signature page.

Concluding remark

In general, remember: standard rental contracts inIsraeltend to be very landlord-weighted (much as employment contracts tend to be weighted in favor of the employer), and you should not be afraid to negotiate the points therein! That said,
it goes without saying that even negotiations need to be undertaken in a fair and balanced manner (and in good faith) – otherwise, you run the risk that the landlord will not want to take you as his tenant
if he gets the impression that the entire tenancy will involved him in a negotiation match…

12 Practical Tips and Tricks for Rental Contract Negotiations in Israel (Part I)

You are about to rent an apartment. A person purporting to represent the landlord presents you with a single sheet of paper and shows you where to sign on the dotted line (“it’s just standard wording,” he assures you). What should you look out for to protect your interests?

Proper power of attorney and absentee landlord

First, insist on seeing an original Power of Attorney document, to verify that the agent has actual authority to sign a rental contract with you on behalf of the landlord. This should be notarized, and if obtained outside of Israel also apostilled.

Property inspection before signing lease

Prevention is better than cure: especially if the apartment is old (and in particular if you plan on living in it for more than a few months), consider undertaking a property inspection through a reputable engineer. Points to check include the presence or likely appearance of mold/dampness (retivut) on the walls, any leaky taps/toilets (you will be responsible for paying the water bills), whether the fuse box is capable of bearing all of your appliances, etc. It is recommended to list and even photograph the apartment and furnishings before entering into it (e.g. if a hinge on the door of a cabinet is not working), to avoid arguments (and attempts to forfeit your security check) at the end of the tenancy period, over whether you have restored the apartment and any furnishings in it to the state it was in at the time you moved in.

E-mail as valid form of communication

Especially in the case of an absentee landlord, make sure the contract includes a clause stating that e-mail is a valid means of communication between the parties, and specifying the parties’ e-mails for this purpose.

Rent in advance

Try to avoid paying more than 1 month’s rent in advance. Request a 7 day grace period which allows you to pay rent within 7 days of the contractual due date without breach of contract.

Option-to-renew

If you think you may be interested in continuing the tenancy for 1 further year (or longer), you should request that an option-to-renew clause be inserted in the agreement. This will enable you to continue to rent the apartment on the same terms – including at the same rental, or at a rent to be increased by ___% – provided you do not breach the terms of the rental agreement during the initial rental period. This arrangement will often be beneficial to the landlord too, because it saves him the heartache of having to find an alternative tenant, including, possibly, time during which the apartment may go unrented, and including the cost of advertising for a new tenant. In addition, if a mechanism for increasing the rent is already inserted into the original contract, the contract can be renewed automatically, without the need for further lawyer’s fees, etc.

Premature termination of lease

If the contract stipulates that the landlord has the right to give ___ days to terminate the lease prematurely, the tenant should insist on being given the same amount of time to break the lease should this prove necessary. If the lease is for a defined term (e.g. 1 year), try and get out of the need to find a suitable alternative tenant for the remainder of the term, in the event that the lease requires premature termination (e.g. after trying, unsuccessfully, for a maximum period of two months). If you are required to find a replacement tenant “suitable to the landlord,” be sure to qualify this with the words: “provided that the landlord shall not unreasonably refuse his consent to such alternative tenant.”

Part II to follow!

For further advice on rental contracts, feel free to contact Simon on 0737-40-60-40 / 0545-742-374 / simon@jacksonadvocates.net

Tefillin – A Sign and Reminder of Greater Things

וְהָיָה לְךָ לְאוֹת עַל-יָדְךָ, וּלְזִכָּרוֹן בֵּין עֵינֶיךָ, לְמַעַן תִּהְיֶה תּוֹרַת ה’, בְּפִיךָ: כִּי בְּיָד חֲזָקָה, הוֹצִאֲךָ ה’ מִמִּצְרָיִם (שמות יג,ט)

“And if shall be for you a sign on your hand and a reminder between your eyes – so that God’s Torah may be in your mouth…” (Shemot 13:9)

The classical interpretation of this verse (see Rashi and Ramban) is that the Torah is commanding us to place the Tefillin, containing the four sections from the Torah that speak about the Tefillin commandment, on our hand/arm and just before the hairline between our eyes.

In contrast, Rashbam (Rashi’s grandson) gives an allegorical interpretation to the verse in Shemot quoted above:

“לאות על ידך” - לפי עומק פשוטו: יהיה לך לזכרון תמיד, כאלו כתוב על ידך. כעין, שימני כחותם על לבך.

“בין עיניך” - כעין תכשיט ורביד זהב שרגילין ליתן על המצח לנוי.

“For a sign upon your hand” – According to its plain meaning (omek peshuto): it shall be to you for a remembrance continually just as if it were inscribed upon your hand, similar to the verse “Set me as a seal upon your heart” (Shir HaShirim 8:6). “Between your eyes” – as an adornment and a golden tiara that is worn round the head as an adornment.

Rashbam interprets the “Tefillin passage” in our parsha as an allegory which demands that we remember the Torah always and treasure it like a piece of fine jewelry. The Torah should be like a fine bracelet or necklace which we wear proudly. In other words, the Torah is supposed to be precious to us and be remembered always.

This interpretation is borne out by the use of similar metaphors employed elsewhere in Tanach:

1) God’s Torah and His commandments are “a beautiful wreath to your head and a chain/necklace about your neck…” (Mishlei 1:8-9)

א,ח שְׁמַע בְּנִי, מוּסַר אָבִיךָ; וְאַל-תִּטֹּשׁ, תּוֹרַת אִמֶּךָ.
א,ט כִּי, לִוְיַת חֵן הֵם לְרֹאשֶׁךָ; וַעֲנָקִים, לְגַרְגְּרֹתֶךָ.

2) “Bind them [kindness and truth] about your neck, inscribe them upon the tablet of your heart…” (Mishlei 6:20-21)

ו,כ נְצֹר בְּנִי, מִצְוַת אָבִיךָ; וְאַל-תִּטֹּשׁ, תּוֹרַת אִמֶּךָ.
ו,כא קָשְׁרֵם עַל-לִבְּךָ תָמִיד; עָנְדֵם, עַל-גַּרְגְּרֹתֶךָ.

3) “Bind them [the commandments] upon your fingers, write them upon the table of your heart” (Mishlei 7:2-3)

ז,ב שְׁמֹר מִצְו‍ֹתַי וֶחְיֵה; וְתוֹרָתִי, כְּאִישׁוֹן עֵינֶיךָ.
ז,ג קָשְׁרֵם עַל-אֶצְבְּעֹתֶיךָ; כָּתְבֵם, עַל-לוּחַ לִבֶּךָ.

On the words, “and a reminder between your eyes – so that God’s Torah may be in your mouth” (Shemot 13:9), the Mechilta comments: “From this the Rabbis taught that putting on Tefillin is equivalent to reading the Torah.” The analogy seems strange, for the mitzvah of Talmud Torah involves learning and understanding, performed with the intellect, while the mitzvah of Tefillin is performed through one’s body, via an object that the person places on him, with no element of study. The answer, argues R. Yaakov Nagen in a well written article in volume 10 of the Har Hevron publication, “Gulot,” is that when a person places Tefillin on his body, which contain passages from the Torah, he becomes connected to the Torah in a very tangible and direct manner. A person can cleave to Torah not only intellectually through learning the content of the mitzvot, but also in a physical manner by putting on Tefillin.

Nagen relates how, in the Tefillin discovered in the Qumran Caves, a number of passages were found, including the Ten Commandments that appear in the book of Devarim! This ancient custom would appear to be based on a literal understanding of the Shema’s words “these words which I command you this day” (Devarim 6:6), as relating to the Ten Commandments which were expounded earlier in the parsha. The Ten Commandments written on parchment constitute a condensation of the Torah, and placing them in the Tefillin transforms the Tefillin into a mini-Torah scroll!

Tefillin are literally black boxes – leather boxes painted black. But they are also figurative “black boxes,” like the device found in the cockpit of airplanes that records vital information about a flight, so that if, God forbid, a tragedy occurs, investigators will be able to determine the cause of action of the incident. We wear them on our foreheads, because we want these basic ideas about our faith to be in front of our eyes. Seeing them – in a very literal way – reminds us of the basic ideals of the Torah. But we are to see them also with our mind’s eye, internalizing their significance. And we also act on them, symbolized by binding the Tefillin around our arm. Tefillin are thus a sign and a remembrance of the need to internalize and actualize the values of the Torah in everything we do.

***

The verse in Devarim 6:9: וּכְתַבְתָּם עַל-מְזֻזוֹת בֵּיתֶךָ, וּבִשְׁעָרֶיךָ (“You shall write them on the doorposts of your house and on your gates”), can be understood in a similar vein. Here, too, we tend to jump to the conclusion that the verse refers solely to the duty to affix Mezuzot on our doorposts, following which act the duty ends. Yet, in fact, the verse is, first and foremost, a metaphor, to impress upon us the importance of inscribing the Torah and its values upon our homes and families.

The Torah thus cautions us against the insufficiency of simply going through the motions of donning Tefillin and davening in the morning, or affixing a Mezuzah and even kissing it as we enter and leave our house, without taking these experiences with us throughout the rest of the day. The Tefillin and Mezuzot are meant to serve as the means to a broader end, the “sign” prompting the “reminder” mentioned in our parsha. They are symbolic of the fact that our entire personalities, our lives and our homes are meant to be permeated with the Torah. Hashem’s commands should become an integral part of our very beings.

True, the Karaites also adopted an allegorical interpretation of the “Tefillin” and “Mezuzah” passages. However, this led them to the erroneous conclusion that the Torah does not command us literally to wear Tefillin and to affix a Mezuzah to our doorposts. The innovation of Chazal, in giving a literal interpretation to these passages, was to teach us that in order to achieve the lofty spiritual goal of suffusing ourselves and our families with the Torah and its values, the metaphor also needs to be performed in a literal manner – through the actual laying of Tefillin and writing of Mezuzot, for “actions shape character” (acharei ha’peulot nimshachim ha’levavot).

Wishing everyone a meaningful new year, in which we perform all of the mitzvot with added value and vigor, rather than by rote and routine!

Tefillin – A Sign and Reminder of Greater Things

וְהָיָה לְךָ לְאוֹת עַל-יָדְךָ, וּלְזִכָּרוֹן בֵּין עֵינֶיךָ, לְמַעַן תִּהְיֶה תּוֹרַת ה’, בְּפִיךָ: כִּי בְּיָד חֲזָקָה, הוֹצִאֲךָ ה’ מִמִּצְרָיִם (שמות יג,ט)

“And if shall be for you a sign on your hand and a reminder between your eyes – so that God’s Torah may be in your mouth…” (Shemot 13:9)

The classical interpretation of this verse (see Rashi and Ramban) is that the Torah is commanding us to place the Tefillin, containing the four sections from the Torah that speak about the Tefillin commandment, on our hand/arm and just before the hairline between our eyes.

In contrast, Rashbam (Rashi’s grandson) gives an allegorical interpretation to the verse in Shemot quoted above:

“לאות על ידך” - לפי עומק פשוטו: יהיה לך לזכרון תמיד, כאלו כתוב על ידך. כעין, שימני כחותם על לבך.

“בין עיניך” - כעין תכשיט ורביד זהב שרגילין ליתן על המצח לנוי.

“For a sign upon your hand” – According to its plain meaning (omek peshuto): it shall be to you for a remembrance continually just as if it were inscribed upon your hand, similar to the verse “Set me as a seal upon your heart” (Shir HaShirim 8:6). “Between your eyes” – as an adornment and a golden tiara that is worn round the head as an adornment.

Rashbam interprets the “Tefillin passage” in our parsha as an allegory which demands that we remember the Torah always and treasure it like a piece of fine jewelry. The Torah should be like a fine bracelet or necklace which we wear proudly. In other words, the Torah is supposed to be precious to us and be remembered always.

This interpretation is borne out by the use of similar metaphors employed elsewhere in Tanach:

1) God’s Torah and His commandments are “a beautiful wreath to your head and a chain/necklace about your neck…” (Mishlei 1:8-9)

א,ח שְׁמַע בְּנִי, מוּסַר אָבִיךָ; וְאַל-תִּטֹּשׁ, תּוֹרַת אִמֶּךָ.
א,ט כִּי, לִוְיַת חֵן הֵם לְרֹאשֶׁךָ; וַעֲנָקִים, לְגַרְגְּרֹתֶךָ.

2) “Bind them [kindness and truth] about your neck, inscribe them upon the tablet of your heart…” (Mishlei 6:20-21)

ו,כ נְצֹר בְּנִי, מִצְוַת אָבִיךָ; וְאַל-תִּטֹּשׁ, תּוֹרַת אִמֶּךָ.
ו,כא קָשְׁרֵם עַל-לִבְּךָ תָמִיד; עָנְדֵם, עַל-גַּרְגְּרֹתֶךָ.

3) “Bind them [the commandments] upon your fingers, write them upon the table of your heart” (Mishlei 7:2-3)

ז,ב שְׁמֹר מִצְו‍ֹתַי וֶחְיֵה; וְתוֹרָתִי, כְּאִישׁוֹן עֵינֶיךָ.
ז,ג קָשְׁרֵם עַל-אֶצְבְּעֹתֶיךָ; כָּתְבֵם, עַל-לוּחַ לִבֶּךָ.

On the words, “and a reminder between your eyes – so that God’s Torah may be in your mouth” (Shemot 13:9), the Mechilta comments: “From this the Rabbis taught that putting on Tefillin is equivalent to reading the Torah.” The analogy seems strange, for the mitzvah of Talmud Torah involves learning and understanding, performed with the intellect, while the mitzvah of Tefillin is performed through one’s body, via an object that the person places on him, with no element of study. The answer, argues R. Yaakov Nagen in a well written article in volume 10 of the Har Hevron publication, “Gulot,” is that when a person places Tefillin on his body, which contain passages from the Torah, he becomes connected to the Torah in a very tangible and direct manner. A person can cleave to Torah not only intellectually through learning the content of the mitzvot, but also in a physical manner by putting on Tefillin.

Nagen relates how, in the Tefillin discovered in the Qumran Caves, a number of passages were found, including the Ten Commandments that appear in the book of Devarim! This ancient custom would appear to be based on a literal understanding of the Shema’s words “these words which I command you this day” (Devarim 6:6), as relating to the Ten Commandments which were expounded earlier in the parsha. The Ten Commandments written on parchment constitute a condensation of the Torah, and placing them in the Tefillin transforms the Tefillin into a mini-Torah scroll!

Tefillin are literally black boxes – leather boxes painted black. But they are also figurative “black boxes,” like the device found in the cockpit of airplanes that records vital information about a flight, so that if, God forbid, a tragedy occurs, investigators will be able to determine the cause of action of the incident. We wear them on our foreheads, because we want these basic ideas about our faith to be in front of our eyes. Seeing them – in a very literal way – reminds us of the basic ideals of the Torah. But we are to see them also with our mind’s eye, internalizing their significance. And we also act on them, symbolized by binding the Tefillin around our arm. Tefillin are thus a sign and a remembrance of the need to internalize and actualize the values of the Torah in everything we do.

***

The verse in Devarim 6:9: וּכְתַבְתָּם עַל-מְזֻזוֹת בֵּיתֶךָ, וּבִשְׁעָרֶיךָ (“You shall write them on the doorposts of your house and on your gates”), can be understood in a similar vein. Here, too, we tend to jump to the conclusion that the verse refers solely to the duty to affix Mezuzot on our doorposts, following which act the duty ends. Yet, in fact, the verse is, first and foremost, a metaphor, to impress upon us the importance of inscribing the Torah and its values upon our homes and families.

The Torah thus cautions us against the insufficiency of simply going through the motions of donning Tefillin and davening in the morning, or affixing a Mezuzah and even kissing it as we enter and leave our house, without taking these experiences with us throughout the rest of the day. The Tefillin and Mezuzot are meant to serve as the means to a broader end, the “sign” prompting the “reminder” mentioned in our parsha. They are symbolic of the fact that our entire personalities, our lives and our homes are meant to be permeated with the Torah. Hashem’s commands should become an integral part of our very beings.

True, the Karaites also adopted an allegorical interpretation of the “Tefillin” and “Mezuzah” passages. However, this led them to the erroneous conclusion that the Torah does not command us literally to wear Tefillin and to affix a Mezuzah to our doorposts. The innovation of Chazal, in giving a literal interpretation to these passages, was to teach us that in order to achieve the lofty spiritual goal of suffusing ourselves and our families with the Torah and its values, the metaphor also needs to be performed in a literal manner – through the actual laying of Tefillin and writing of Mezuzot, for “actions shape character” (acharei ha’peulot nimshachim ha’levavot).

Wishing everyone a meaningful new year, in which we perform all of the mitzvot with added value and vigor, rather than by rote and routine!