26—Friday, April 2, 1971

THE DETROIT JEWISH NEWS

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H6ME SERVICE FOR SABBATH AND FESTIVALS

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We part from the Sabbath ceremoniously, even as we bid it welcome. 7'he bounty

for which we hope during the week is symbolized by the overflowing cu p of wine;

the kindling of fires was forbidden during the Sabbath, and (he renewal of it,
use during the week inspires the Braha over the fire; and the depressoir, id spirit

occasioned by the departure of the Sabbath is to be mitigated by the

Professional Entertainment

iihyDALOtH

HAVDALAH

of the

we part from the Sabbath ceremoniously, even as we bid it u,icomt. The bount&

for which we hype during the week is symboltsed by the mrrflowing cup of wine;
the kindling
fires ryas forbidden during the Sabbath, and the r•neuxil of its
use during th,
k inspires the Bohn over the _fire: and the depression of spirit

occasioned

•1, partun• nj the Sabbath is to be mitigated by the use of the

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'w

THE

spires:

• Behold, in God I will find deliverance. Trusting in Him, I am

unafraid. The Lord is my strength and my song. He is my un-
failing help. Come, draw joyfully from the fountains of deliver-

ance. For in God is our help. 0 Lord, may Thy blessing be upon
Thy people always.

The Lord of hosts is with us: The God of Jacob is our Strong-
hold. 0 Lord of hosts, happy is the man who trusts in Thee. Lord,

save us. May our King heed our prayer when we call unto Him.

In days gdne by the children of Israel knew light and joy,

gladness and honor. So may it be with us. As I lift up the cup in

remembrance of our deliverance, I will call in the mine of the Lord.

Praised be Thou, 0 Lord our God, King of the universe, who
createst the fruit of the vine.

*Praised be Thou, 0 Lord our God, King of the universe, who
createst the various spices.

4.1 5i-aised be Thou, 0 Lord our Clod, King of the universe, who
createst the light of fire.

Praised be Thou, 0 Lord our God, King of the un ∎ erse, who
hast set a distinction between the holy and the mundane, between

the light and the dark, between Israel and the other peoples of the
world, between the seventh day and the six days of the week.

Praised be Thou, O Lord, who hest set a distinction between the

holy and the mundane.

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'At the conclusion of a Festival omit these

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• •
•
• • •
•
How Jewish Law Helped Solve a Civil Suit • • •
His grandson has described
•
of descent a n d distribution as •
Michael Karmann's silver spice
enounced by our statute III which •
box as one man's claim to poster-
would, in effect, give ownership •
•
ity. Certainly, in legal annals, it
in common to the spice box to •
•
has made its mark.
all four grandchildren equally. •
And it's one case District Court
This would, as a practical matter, s
.
Judge S. James Clarkson won't
destroy the objective of insuring •

•Al the conclusion of a Festival -omit these Brahot.

SHELDON Ron
ORCHESTRA

Tronsiallon by Bas IDA • Bokser
in The Prayer Book,"
,lisblOhed by Hebrew Publuhiog Co., N.

soon forget.
Judge Clarkson, former mayor
of Southfield, delved into talmudic
law — as well as civil law — to
determine who of two cousins
should come into possession of .the
treasured spicebox, crafted of Rus-
sian rubles by their grandfather
when he was a boy of 15 - in
JUDGE S. JAMES CLARKSON
Rom ania.
As a youth, Michael had presen-
klar
of Shaarey Zedek, who had
ted his father the silver "hodos,"
spoken
with Michael Karmann
a spice container resembling a
when the latter was in the Home
tower, which is used in the tradi- for
Aged.
tional Havdala ceremony when the
Another was Rabbi Mordecai
Sabbath is ended.
Halpern of Cong. Beth Shalom,
When his father died, Michael's who related the talmudic law that
mother took the box with her would apply to the case.
to Egypt. Some 35 years ago,
In his statement, Judge Clark-
she, too, passed away, first son quoted the r a b b i as saying
directing that the hodos be re- that disposition of artifacts of
turned to its maker.
ritual significance "devolved from
Michael, who had immigrated father to oldest son and that this
to the United States in 1886, kept tradition, custom and law was
the box in his possession until he deeply rooted in the Talmud."
died, in the Jewish H o m e for
Judge Clarkson added:
Aged, in 1955.
"The use of Jewish law in the
Michael's elder son, Herman, determination of disputes is well
somehow came into possession of founded in the common law and
the spicebox and held it for a to some extent, and at the time,
number of years. It was Herman's further proficient in application.
daughter, Doris, who brought suit See Concise History of the Com-
against her cousin, Dr. Myron mon Law, by Pluncknett, 5th
Bakst, claiming that he had bor- edition, pa g e 605, wherein the
rowed the object from her father author says and, while the Jews
and never returned it. She argued were in England, we have a more
that she was entitled to the box satisfactory state. They had their
as part of her deceased father's own laws and customs and the
estate. As proof of title, she cited crown maintained a special court
an order by the Wayne County (a division of the Exchequer) for
Probate Court, handed down last their enforcement . . .
fall when Miss Karmann paid the
"Application of the rabbinical
funeral expenses for her father.
law is followed in the state of
Dr. Bakst, in turn, argued that Michigan, said Judge Clarkson,
his grandfather had promised him "especially, wherein those cases
the spicebox many years earlier, it arises as part of the testi-
when Myron was still a boy.
mony, as the case at bar, and
After Dr. Bakst borrowed the there is ample evidence to sup-
spicebox from his uncle in 1968
port its cognizance by the par-
for a Shaarey Zedek art exhibit, ties. See Congregation Bnai
he said — Herman tried for some Sholom vs. Martin, 11 Mich Ap-
time to secure its return, with the peals 261."
aid of several rabbis. Their ef-
Judge Clarkson continued:
forts were to no avail.
"Actually the concept of primo-
An Episcopalian, Judge Clark- genitor promulgated in the feudal
son, in his 10-page written system can be found in the Torah.
opinion, stressed t h e religious This was related to the court by
symbolism, rather than the mon- witness Rabbi Mordecai Halpern
etary value, of the hodos as who received his _degree from
being of prime importance to Columbia University, majoring in
both the plaintiff and the defen- Jewish Law and Tradition. Hala-
dant.
kha, the Hebrew word meaning,
Because there was no proof that "what is the law," is found in the
Michael Karmann had made a Talmud. And, in the case at bar,
gift of the spice box either to his would firmly vest title to the spice
son Herman or to his grandson box in Herman Karmann, as the
Myron, Judge Clarkson had to oldest son of Michael Karmann.
1 to other sources for a ruling. _ ‘The •ourt, therefore, adopts
number of rabbis testified, the application of the JeWish . Ija w
r.
g them Cantor Jacob Sonen- to this. extent and rejects the law

,

the ownership of the spice box
for the benefit of the male lineal
heirs in accordance with rabbi-
nical law.
"The court having found, as a
matter of law, that title vested in
Herman Karman, therefore, is
left with only deciding the right
of the present plaintiff in said
artifact."
Judge Clarkson ruled that
the probate order in Miss Kar-
mann's possession gave her
superior right of title over her
cousin and awarded the box to
her.
However, the court denied her
any right to damages, "having
failed to prove that the 'defendant.
Dr. Myron Bakst, acted with
malice, recklessness or fraudulent
intent or that she sustained any
actual damages."

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Monday, April 5, Is Election Day for Southfield Voters

Keep INTEGRITY

in. Southfield • Keep Mayor FEDER!

■■■ inunn11111111111111111111linum ■

um

A RECORD OF SOLID ACCOMPLISHMENT

Mayor of Southfield since January,
1969
• Council Member

• President, Southfield Council

• Member, Southfield Zoning Board of

Appeals

• Attorney at Law

• Past National Chancellor, Tau Epsi-
lon Rho, National Law Fraternity

Keep Integrity!

Keep Mayor
Norman W.

FEDER

:"

-

VOTE MONDAY, APRIL_ 5