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Lawyers set: hold on registration in forensic


The councils will have to examine in detail the applications for inclusion in the special section devoted to lawyers, to check what is the consistency of his professional training. And 'This is the instruction given to the councils of the bar from the Advisory Committee of the National Bar Council in its Opinion No 17 of 25 June 2009. The Order shall prohibit the enrollment on when it is clear the artificial nature of the process that led to the applicant on request, to take advantage of the availability provided by law.

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Lawyers set: hold on registration in forensic


The councils will have to examine in detail the applications for inclusion in the special section devoted to lawyers, to check what is the consistency of his professional training. And 'This is the instruction given to the councils of the bar from the Advisory Committee of the National Bar Council in its Opinion No 17 of 25 June 2009. The Order shall prohibit the enrollment on when it is clear the artificial nature of the process that led to the applicant on request, to take advantage of the availability provided by law.

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activity of the local authority must be exclusive


La possibilità di iscrizione degli avvocati nell'elenco speciale "Addetti Uffici Legali" annesso all'albo forense ha come presupposto imprescindibile l'esclusività dell'espletamento dell'attività di assistenza, rappresentanza e difesa dell'ente pubblico. Lo hanno ribadito le Sezioni Unite Civili della Cassazione, con la sentenza n. 18359 depositata il 19 agosto scorso, confermando le decisioni dell'Ordine degli avvocati di Lucca e del Consiglio Nazionale Forense. Nella specie un avvocato del foro lucchese era stato cancellato dall'elenco speciale in quanto il Comune gli aveva affidato diversi administrative positions with extraneous features that typically legal, and therefore inclusion in the special foreclosure for lack of exclusivity.

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Reform: to restrict competition, the Antitrust lawyer

"Reforming the outlined the legal profession from the text adopted by the Select Committee of the Senate Judiciary Committee contains provisions that result in severe restrictions on the functioning of markets and impose unjustified burdens on citizens and businesses. " It 'as stated in the report by the Antitrust Authority sent last Friday to Parliament. Concern in particular the provisions relating to: • the extension of the exclusive, thereby restricting competition between professionals; • new ways of entering the profession, because it stiffens the choice of those who would pursue a legal career; • providing for minimum rates; • expansion delle incompatibilità degli avvocati; • il divieto della pubblicità comparativa.

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activity of the local authority must be exclusive


La possibilità di iscrizione degli avvocati nell'elenco speciale "Addetti Uffici Legali" annesso all'albo forense ha come presupposto imprescindibile l'esclusività dell'espletamento dell'attività di assistenza, rappresentanza e difesa dell'ente pubblico. Lo hanno ribadito le Sezioni Unite Civili della Cassazione, con la sentenza n. 18359 depositata il 19 agosto scorso, confermando le decisioni dell'Ordine degli avvocati di Lucca e del Consiglio Nazionale Forense. Nella specie un avvocato del foro lucchese era stato cancellato dall'elenco speciale in quanto il Comune gli aveva affidato diversi administrative positions with extraneous features that typically legal, and therefore inclusion in the special foreclosure for lack of exclusivity.

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Reform: to restrict competition, the Antitrust lawyer

"Reforming the outlined the legal profession from the text adopted by the Select Committee of the Senate Judiciary Committee contains provisions that result in severe restrictions on the functioning of markets and impose unjustified burdens on citizens and businesses. " It 'as stated in the report by the Antitrust Authority sent last Friday to Parliament. Concern in particular the provisions relating to: • the extension of the exclusive, thereby restricting competition between professionals; • new ways of entering the profession, because it stiffens the choice of those who would pursue a legal career; • providing for minimum rates; • expansion delle incompatibilità degli avvocati; • il divieto della pubblicità comparativa.

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When the drug dealer responsible for the death Customer

To configure the criminal liability of the dealer for the death of the client must establish not only the causal link between the supply of drugs and death, not interrupted by exceptional cases have arisen, but also that death is specifically complain to the dealer . And 'as defined by the United Sections of the Criminal Cassation Judgement No 22 676 filed on May 29 last year.

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legitimizes the request for referral by fax

Where reports of an impediment to the defender's confidence with a simultaneous request for reference, sent by fax has been received before the hearing, the trial court is obliged to examine it to see if the inferred refusal is justified. It 'as stated by the Court of Cassation Judgement No 37 535 filed on September 24 last year. In this case, stoats have upheld an appeal by a lawyer who had sent that a preliminary fax, justifying his absence with the impossibility of go to the hearing because of a combination of additional work effort.

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When the drug dealer responsible for the death Customer

To configure the criminal liability of the dealer for the death of the client must establish not only the causal link between the supply of drugs and death, not interrupted by exceptional cases have arisen, but also that death is specifically complain to the dealer . And 'as defined by the United Sections of the Criminal Cassation Judgement No 22 676 filed on May 29 last year.

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legitimizes the request for referral by fax

Where reports of an impediment to the defender's confidence with a simultaneous request for reference, sent by fax has been received before the hearing, the trial court is obliged to examine it to see if the inferred refusal is justified. It 'as stated by the Court of Cassation Judgement No 37 535 filed on September 24 last year. In this case, stoats have upheld an appeal by a lawyer who had sent that a preliminary fax, justifying his absence with the impossibility of go to the hearing because of a combination of additional work effort.

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the House approved the bill on wiretapping Alfano

With 318 votes in favor, 224 opposed and one member abstained from the House approved the bill on wiretapping. These are the changes: • interception crimes with sentences longer than 5 years • the need for "clear evidence of guilt" • maximum duration of interceptions, including a contingent of 30 days, with the possibility of two extensions of 15 days • prohibiting the publication of wiretapping, even partially or to resume until the conclusion of preliminary investigations • Penalties for journalists and publishers. In case of violation of the prohibition on publishing the journalist threatened with arrest for up to 30 days in jail, while the editor fined up to € 465mila. • Stop the publication of the interception to be destroyed. It 'provides for prison sentences from 6 months to 3 years for those who publish, including summary or in part, the content • Roof of these conversations on the costs of interception set annually by decree of the Minister of Justice • Planned exceptions for crimes related to terrorism and Mafia According to Alfano, the Minister with the new law has reached a "remarkable balance between privacy protection and investigations. " Criticism instead by the National Association of Magistrates and representatives of journalists and publishers. The text now goes to the Senate for final approval.

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the House approved the bill on wiretapping Alfano

With 318 votes in favor, 224 opposed and one member abstained from the House approved the bill on wiretapping. These are the changes: • interception crimes with sentences longer than 5 years • the need for "clear evidence of guilt" • maximum duration of interceptions, including a contingent of 30 days, with the possibility of two extensions of 15 days • prohibiting the publication of wiretapping, even partially or to resume until the conclusion of preliminary investigations • Penalties for journalists and publishers. In case of violation of the prohibition on publishing the journalist threatened with arrest for up to 30 days in jail, while the editor fined up to € 465mila. • Stop the publication of the interception to be destroyed. It 'provides for prison sentences from 6 months to 3 years for those who publish, including summary or in part, the content • Roof of these conversations on the costs of interception set annually by decree of the Minister of Justice • Planned exceptions for crimes related to terrorism and Mafia According to Alfano, the Minister with the new law has reached a "remarkable balance between privacy protection and investigations. " Criticism instead by the National Association of Magistrates and representatives of journalists and publishers. The text now goes to the Senate for final approval.

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private telephone calls from the office: the employee commits an offense

The private use of the telephone office by the public employee integrates the crime of embezzlement. So he established the Sixth Criminal Chamber of the Supreme Court in Case No. 21165 del 20 maggio scorso. Il caso riguardava un dipendente amministrativo di un ospedale, il quale, nell’arco di un biennio, aveva effettuato numerose telefonate di natura privata, anche verso paesi stranieri. Per i giudici di Piazza Cavour “l’uso degli apparecchi telefonici comporta l’appropriazione (non restituibile) delle energie necessarie alla comunicazione, di cui l’impiegato ha disponibilità per ragioni d’ufficio, e configura l’ipotesi del reato di cui al primo comma dell’art. 314 del codice penale”. Non è invece punibile l’uso per comunicazioni private del telefono dell'ufficio in quelle situazioni eccezionali, di carattere sporadico ed episodico.

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private telephone calls from the office: the employee commits an offense

The private use of the telephone office by the public employee integrates the crime of embezzlement. So he established the Sixth Criminal Chamber of the Supreme Court in Case No. 21165 del 20 maggio scorso. Il caso riguardava un dipendente amministrativo di un ospedale, il quale, nell’arco di un biennio, aveva effettuato numerose telefonate di natura privata, anche verso paesi stranieri. Per i giudici di Piazza Cavour “l’uso degli apparecchi telefonici comporta l’appropriazione (non restituibile) delle energie necessarie alla comunicazione, di cui l’impiegato ha disponibilità per ragioni d’ufficio, e configura l’ipotesi del reato di cui al primo comma dell’art. 314 del codice penale”. Non è invece punibile l’uso per comunicazioni private del telefono dell'ufficio in quelle situazioni eccezionali, di carattere sporadico ed episodico.

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AND 'THE LAW SECURITY DDL TO CREATE THE CRIME OF UNDERGROUND'

Last Thursday, the Parliament gave the final go-ahead to the draft law on public safety. The main innovations: • introduced the crime of illegal immigration: it will be punishable by a fine from 5 thousand to 10 thousand € • identification and deportation centers: the detention can last up to 180 days • new provisions against marriages of interest to acquire the • citizenship exclusion from bidding for the victims of aggravated bribery or extortion that have not reported the facts, unless it invoked a state of necessity or self-defense in the use of children begging • contrast • estimates of so-called''patrols '' associations of citizens will be able to report to law enforcement situations of social distress or danger.

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AND 'THE LAW SECURITY DDL TO CREATE THE CRIME OF UNDERGROUND'

Last Thursday, the Parliament gave the final go-ahead to the draft law on public safety. The main innovations: • introduced the crime of illegal immigration: it will be punishable by a fine from 5 thousand to 10 thousand € • identification and deportation centers: the detention can last up to 180 days • new provisions against marriages of interest to acquire the • citizenship exclusion from bidding for the victims of aggravated bribery or extortion that have not reported the facts, unless it invoked a state of necessity or self-defense in the use of children begging • contrast • estimates of so-called''patrols '' associations of citizens will be able to report to law enforcement situations of social distress or danger.

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THE CHAMBER APPROVES DDL

On 14 July the House approved on first reading the draft law on sexual violence. The measure, which now goes to the Senate for final approval, provides for a tightening of sanctions. The crime of sexual violence will be punished with imprisonment from six to twelve years. Provided instead of imprisonment from seven to fifteen years in the case of aggravating circumstances, which occur when the offense is committed: • any person who has not completed sixteen years • the use of weapons, alcohol or drugs by • • misrepresented person to person subject to restrictions on personal freedom; • person against whom the culprit is the ascendant, also the adoptive parent or guardian against women • pregnant • on • people with disabilities in the workplace with abuse Establish relations office for more severe penalties if: • the fact is committed to the detriment of a person who has not completed ten years (imprisonment from eight to sixteen years), or • in case of group violence (imprisonment from seven to sixteen) The new rules also doubled the statute of limitations for crimes of sexual violence.

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THE CHAMBER APPROVES DDL

On 14 July the House approved on first reading the draft law on sexual violence. The measure, which now goes to the Senate for final approval, provides for a tightening of sanctions. The crime of sexual violence will be punished with imprisonment from six to twelve years. Provided instead of imprisonment from seven to fifteen years in the case of aggravating circumstances, which occur when the offense is committed: • any person who has not completed sixteen years • the use of weapons, alcohol or drugs by • • misrepresented person to person subject to restrictions on personal freedom; • person against whom the culprit is the ascendant, also the adoptive parent or guardian against women • pregnant • on • people with disabilities in the workplace with abuse Establish relations office for more severe penalties if: • the fact is committed to the detriment of a person who has not completed ten years (imprisonment from eight to sixteen years), or • in case of group violence (imprisonment from seven to sixteen) The new rules also doubled the statute of limitations for crimes of sexual violence.

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OMBUDSMAN ON SEXUAL VIOLENCE: DISCLOSURE OBLIGATIONS AND LIABILITY '


The mediator, when acting as a nominee, takes on its obligations and, if it behaves unlawfully causing harm to others, is held in favor of the latter to pay damages. It 'as stated by the Court of Cassation Judgement No 16382 of July 14 which confirmed the conviction of a real estate agency to return the down payment and compensation for damage suffered by a buyer. In this case, the buyer, upon signing the purchase offer, he learned that the property in question was made payable in part to another person.

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OMBUDSMAN ON SEXUAL VIOLENCE: DISCLOSURE OBLIGATIONS AND LIABILITY '


The mediator, when acting as a nominee, takes on its obligations and, if it behaves unlawfully causing harm to others, is held in favor of the latter to pay damages. It 'as stated by the Court of Cassation Judgement No 16382 of July 14 which confirmed the conviction of a real estate agency to return the down payment and compensation for damage suffered by a buyer. In this case, the buyer, upon signing the purchase offer, he learned that the property in question was made payable in part to another person.

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BLACKOUT OF 2003, THE PAYMENT OF DAMAGES DENIED


Damage at the well-known "black-out that has affected our country on the night between 27 and September 28, 2003 must be assessed in relation to the case. And 'what is apparent from a reading of Ordinance No 20324 of September 21, 2009 issued by the Third Civil Chamber of the Supreme Court. In the present case had won a national award damages suffered due to the failure of foods stored in refrigerators and freezers shut down for several hours because of the blackout. According to the judges of the legitimacy of the decision on the merits is "apodictic" as it purported to "transform the general rule in probabilistic inference rule appropriate to the probabilistic case without offering any justification."

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BLACKOUT OF 2003, THE PAYMENT OF DAMAGES DENIED


Damage at the well-known "black-out that has affected our country on the night between 27 and September 28, 2003 must be assessed in relation to the case. And 'what is apparent from a reading of Ordinance No 20324 of September 21, 2009 issued by the Third Civil Chamber of the Supreme Court. In the present case had won a national award damages suffered due to the failure of foods stored in refrigerators and freezers shut down for several hours because of the blackout. According to the judges of the legitimacy of the decision on the merits is "apodictic" as it purported to "transform the general rule in probabilistic inference rule appropriate to the probabilistic case without offering any justification."

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PAIN, the first one ROOM

The Chamber of Deputies approved Wednesday last new rules on treatment of pain. The measure includes, in particular, through multi-professional team specializing in palliative care is defined as a program of individual care for the patient and his family, according to the following fundamental principles: • taking care of the sick person and his family; • protection of the dignity of the patient and respect of his will; • preservation and enhancement of quality of life in the terminal phase of illness. Can access the network support services to persons located in the following conditions: • an advanced stage and progressive disease, a rapid evolution and poor prognosis; • informed consent from the patient; • Karnofsky index less than or equal to 50; • request of the family doctor or hospital discharge protected by the department together with the request of the practitioner.

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PAIN, the first one ROOM

The Chamber of Deputies approved Wednesday last new rules on treatment of pain. The measure includes, in particular, through multi-professional team specializing in palliative care is defined as a program of individual care for the patient and his family, according to the following fundamental principles: • taking care of the sick person and his family; • protection of the dignity of the patient and respect of his will; • preservation and enhancement of quality of life in the terminal phase of illness. Can access the network support services to persons located in the following conditions: • an advanced stage and progressive disease, a rapid evolution and poor prognosis; • informed consent from the patient; • Karnofsky index less than or equal to 50; • request of the family doctor or hospital discharge protected by the department together with the request of the practitioner.

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INTRODUCED THE REFEREE BANK FINANCIAL


On 18 June 2009, the Bank of Italy has enacted the provisions that give life to the referee banks and financial institutions, the system of court settlement of disputes relating to transactions and banking and financial services. Banks and financial institutions will be submitted to arbitration all disputes concerning the establishment of rights, obligations and entitlements, up to an amount of € 100,000 and subject started after 1 January 2007. The new decision-making body will be divided into three colleges located in Milan, Rome and Naples. Each of the colleges will consist of five members: two expressions of the parties (intermediaries and clients), and three, including the president, chosen by the Bank of Italy

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INTRODUCED THE REFEREE BANK FINANCIAL


On 18 June 2009, the Bank of Italy has enacted the provisions that give life to the referee banks and financial institutions, the system of court settlement of disputes relating to transactions and banking and financial services. Banks and financial institutions will be submitted to arbitration all disputes concerning the establishment of rights, obligations and entitlements, up to an amount of € 100,000 and subject started after 1 January 2007. The new decision-making body will be divided into three colleges located in Milan, Rome and Naples. Each of the colleges will consist of five members: two expressions of the parties (intermediaries and clients), and three, including the president, chosen by the Bank of Italy

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"CLASS ACTION" January 1, 2010 POSTPONED TO

delayed again for collective action for damages, the so-called "class action" . With Law Decree 78, 2009 was in fact extended to January 1, 2010 entry into force of the legislation introducing the new institute. In the meantime, however, the Parliament gave the green light to the draft bill amending part of the development framework, and provides for remedies for violations of the conduct after the entry into force of new law. The class action then, in the absence of a new measure of coordination by the legislature, • covers all offenses committed on from next August, the date of entry into force of the bill • and development can still be experienced only from a January 2010

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"CLASS ACTION" January 1, 2010 POSTPONED TO

delayed again for collective action for damages, the so-called "class action" . With Law Decree 78, 2009 was in fact extended to January 1, 2010 entry into force of the legislation introducing the new institute. In the meantime, however, the Parliament gave the green light to the draft bill amending part of the development framework, and provides for remedies for violations of the conduct after the entry into force of new law. The class action then, in the absence of a new measure of coordination by the legislature, • covers all offenses committed on from next August, the date of entry into force of the bill • and development can still be experienced only from a January 2010

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CAMERA CENTER, OK FINES WITHOUT DISPUTE AND PHOTO

The use of the safety camera is lawful even in the streets of the town despite the absence of the photograph of the vehicle and the immediate context of the fine. And 'as defined by the Second Civil Chamber of the Supreme Court with sentence no 12843 of June 3.

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CAMERA CENTER, OK FINES WITHOUT DISPUTE AND PHOTO

The use of the safety camera is lawful even in the streets of the town despite the absence of the photograph of the vehicle and the immediate context of the fine. And 'as defined by the Second Civil Chamber of the Supreme Court with sentence no 12843 of June 3.

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CONSTITUTIONAL COURT, THE COMPENSATION AND DIRECT '


action as provided by the direct compensation, in case of incidente stradale consente al danneggiato di rivolgere la richiesta di risarcimento alla propria assicurazione, è configurabile come una facoltà, e quindi un'alternativa alla tradizionale azione di responsabilità civile. E' quanto stabilito dalla Corte Costituzionale nella sentenza n. 180 depositata il 19 giugno scorso. A favore del carattere alternativo dell'indennizzo diretto - sottolinea la Consulta - depone uno dei principi fondamentali della legge delega che ha introdotto l'istituto e che prevede “un rafforzamento del servizio a tutela dei consumatori e dei contraenti deboli, attraverso il riconoscimento di una ulteriore modalità di tutela”

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CONSTITUTIONAL COURT, THE COMPENSATION AND DIRECT '


action as provided by the direct compensation, in case of incidente stradale consente al danneggiato di rivolgere la richiesta di risarcimento alla propria assicurazione, è configurabile come una facoltà, e quindi un'alternativa alla tradizionale azione di responsabilità civile. E' quanto stabilito dalla Corte Costituzionale nella sentenza n. 180 depositata il 19 giugno scorso. A favore del carattere alternativo dell'indennizzo diretto - sottolinea la Consulta - depone uno dei principi fondamentali della legge delega che ha introdotto l'istituto e che prevede “un rafforzamento del servizio a tutela dei consumatori e dei contraenti deboli, attraverso il riconoscimento di una ulteriore modalità di tutela”

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OPTIONAL ON MOTOR IN TWO INSURANCE is liable for damages

L'impresa assicuratrice è obbligata a risarcire i danni third parties even if at the time of the accident on the motorcycle were traveling in two people in violation of the Highway Code. And 'This is the conclusion reached by the Third Civil Chamber of the Supreme Court in Case No. 12,270 filed May 27, 2009. To exclude the insurance guarantee - stoats state - must be that the specific circumstances or the conduct of a number of passengers does not comply with the requirements of document circulation, it is expressly provided by the terms of the contract. In the case considered the contractual guarantee excluded only "if the driver is not entitled to drive" without providing further grounds for exclusion, while in fact it was possible to configure only una guida effettuata irregolarmente per l'inosservanza delle prescritte cautele

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OPTIONAL ON MOTOR IN TWO INSURANCE is liable for damages

L'impresa assicuratrice è obbligata a risarcire i danni third parties even if at the time of the accident on the motorcycle were traveling in two people in violation of the Highway Code. And 'This is the conclusion reached by the Third Civil Chamber of the Supreme Court in Case No. 12,270 filed May 27, 2009. To exclude the insurance guarantee - stoats state - must be that the specific circumstances or the conduct of a number of passengers does not comply with the requirements of document circulation, it is expressly provided by the terms of the contract. In the case considered the contractual guarantee excluded only "if the driver is not entitled to drive" without providing further grounds for exclusion, while in fact it was possible to configure only una guida effettuata irregolarmente per l'inosservanza delle prescritte cautele

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contributory negligence DELIVERED WITHOUT BELT OF THE THIRD


Il mancato uso delle cinture da parte del terzo trasportato concorre a produrre il danno e ne determina la riduzione del risarcimento. E quanto stabilito dalla Terza Sezione Civile della Cassazione con la sentenza n.12547 depositata il 28 maggio scorso. Nel caso di specie i giudici avevano riscontrato il comportamento colpevole della trasportata, una donna incinta, che al momento dell’incidente stradale non indossava la cintura di sicurezza. Da qui la riduzione del risarcimento del danno per le lesioni subite. Il comportamento della donna, peraltro, non era giustificato dalla certificazione del ginecologo, che provasse condizioni specific risks arising from use of seat belts.

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contributory negligence DELIVERED WITHOUT BELT OF THE THIRD


Il mancato uso delle cinture da parte del terzo trasportato concorre a produrre il danno e ne determina la riduzione del risarcimento. E quanto stabilito dalla Terza Sezione Civile della Cassazione con la sentenza n.12547 depositata il 28 maggio scorso. Nel caso di specie i giudici avevano riscontrato il comportamento colpevole della trasportata, una donna incinta, che al momento dell’incidente stradale non indossava la cintura di sicurezza. Da qui la riduzione del risarcimento del danno per le lesioni subite. Il comportamento della donna, peraltro, non era giustificato dalla certificazione del ginecologo, che provasse condizioni specific risks arising from use of seat belts.

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WITHOUT HEARING CONCERNED THE FINE MUST BE CANCELLED

should cancel the penalty if the offender who has requested it not be heard. And 'as defined by the Second Civil Chamber of the Supreme Court with sentence no 13622 tabled on 11 June. According to the judges on the subject of administrative sanctions, the hearing of the failure, which submitted the request by the competent authority is a violation of a procedural rule with which compliance is required to protect the rights of defense of the alleged offender in administrative phase, with the consequent illegality, in the event of a breach of the order of injunction issued at the conclusion of this phase.

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WITHOUT HEARING CONCERNED THE FINE MUST BE CANCELLED

should cancel the penalty if the offender who has requested it not be heard. And 'as defined by the Second Civil Chamber of the Supreme Court with sentence no 13622 tabled on 11 June. According to the judges on the subject of administrative sanctions, the hearing of the failure, which submitted the request by the competent authority is a violation of a procedural rule with which compliance is required to protect the rights of defense of the alleged offender in administrative phase, with the consequent illegality, in the event of a breach of the order of injunction issued at the conclusion of this phase.

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administrative penalties, SENSORY PERCEPTION OF AGENT

In the opinion of opposition to an order of injunction to pay an administrative penalty is reserved for the court to be false the proposition and the examination of any matter relating to the alteration in the record, even if unintentional or due to accidental the reality of events and the actual course of events. And 'as defined by the United Sections of the Supreme Court with the Civil Judgement No 17,355 filed July 24 last year. The judges state that it is authorized by the challenge and prove the facts of the violation which are not attested in the statement, as occurred in the presence of the notary public or in respect of which the act was not is likely to be authentic for its prime objective irresolvable contradiction.

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administrative penalties, SENSORY PERCEPTION OF AGENT

In the opinion of opposition to an order of injunction to pay an administrative penalty is reserved for the court to be false the proposition and the examination of any matter relating to the alteration in the record, even if unintentional or due to accidental the reality of events and the actual course of events. And 'as defined by the United Sections of the Supreme Court with the Civil Judgement No 17,355 filed July 24 last year. The judges state that it is authorized by the challenge and prove the facts of the violation which are not attested in the statement, as occurred in the presence of the notary public or in respect of which the act was not is likely to be authentic for its prime objective irresolvable contradiction.

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Sheminì Azzeret 5770

With the festival of Shemini Azzeret will complete to D. willing this Shabbat the cycle of feasts of the month of Tishri, which we started fifty-two days prima con Rosh Chodesh Elul. Abbiamo più volte ricordato come la caratteristica di questa giornata sia proprio l'assenza di ogni cenno storico o mizvà particolare. Al culmine del processo spirituale che abbiamo fatto in queste settimane giungiamo ad un livello nel quale non c'è bisogno di nessun motivo per cercare la gioia della vicinanza al Signore. Abbiamo anche più volte ricordato che è proprio questo momento di apparente "vuoto" che Israel decide di riempire festeggiando il completamento del ciclo annuale dello studio della Torà.

C'è però un altro aspetto che caratterizza la liturgia di questa giornata: hagheshem the Tikun. From Musaf of Shemini Azzeret fact begin to remember the prayers that the Lord sends rain. So we go in winter. The rain is essential for the life of the plant world and is essential for the development of agriculture. The rain then becomes the symbol of sustenance: in Hebrew the root gheshem also forms the word gashminut, materiality. The rain is the basis of materiality.

Indeed, this is also the time when torniamo alla materialità. Dopo quasi due mesi di percorso stiamo per tornare al quotidiano con i suoi problemi e le sue necessità. La festa di Sheminì Azzeret e la corrispettiva gioia della Torà, la Simchat Torà, sono allora il trampolino per affrontare in maniera corretta il periodo invernale. Il primo punto è chiaro: la pioggia, la materialità, viene anch'essa dal Signore. L'ebraismo rifugge la dicotomia tra materia e spirito: il compito di Israele è proprio quello di mettere assieme materia e spirito al servizio del Signore.

Sebbene tutta la festa di Succot sia centrata the concept of water - enough to think that during Succoth was offered to propitiate the rain water on the altar - it is only the end of Succoth we begin to remember the rain prayers. Succoth of the rain would prevent us from fulfilling the mizvà of juice. But even after Succoth we limit ourselves for the moment to remember the rain, not to ask. In fact, we will wait another fortnight to make sure that the last of the Pilgrims to Jerushalaim is back at home in Babylon, then to avoid the rains complicate the path of pilgrims. The rain in fact, although beneficial, is a big problem for those who come out of the house, on the road. The Talmud in Bava Mezià Treaty (101b) points that in winter is extremely difficult to find a house to rent. Everyone wants to shelter and care about time. For this reason we can not evict a tenant from Sukkot to Passover. Why not find another house to rent. The winter period then becomes a sort of protected area. It's raining outside, there must be a guard. In this view, after exploring the concept of the precariousness of Succoth in which it has to filter water if it rains, we now need to worry about staying dry. We are called to create for ourselves the tevot Noach, of spirtual Arche Noah in which to defend ourselves in the winter months.

This relationship between the rain and the house is also the key to the short prayer recited in the High Priest in the Holy day of Yom Kippur. There are different traditions based on the Bavli, the Jerushalmi and other sources (and thus also different representations in the different rites in their Seder AVOD) but either way the most important time of year, the most important place on earth, the most important person of 'Israel would ask

· that if the year is warm, rainy weather is also .

· that does not diverge from the power House of Mardi

· that everyone has food in abbondanza

· che non venga accolta la preghiera dei viandanti che chiedono che non piova .

Poi faceva anche una preghiera specifica per gli abitanti della pianura dello Sharon: che le loro case non diventino le loro tombe.

The Rambam in his commentary on the Mishnah says that the Coen Hagadol made before the general requirements: a mild climate that is conducive to all and good government and then passed to the needs of the individual, sustenance and rain. Because the house prosper, we need the rain. Those who are away from home, praying that there is no rain and should not be heard. While others must refrain from asking the rain as long as they do not come home.

But perhaps the most curious and fascinating prayer is that the inhabitants of Sharon. The plain of Sharon was frequently subject to flooding and mud houses often turned into death traps. Before the recent natural disasters around the world and also in Italy we can perhaps better appreciate the prayer of the High Priest. But there are also deeper readings. The rain is essential, the material is crucial but can be dangerous. In some cases makes it difficult to Pilgrim's turning the streets into quagmires, but in extreme cases leads disaster and destruction. At the time of the Second Temple there was also a key demographic differences between areas of Erez Israel. The area was populated by around Jerushalaim Chaverim, by observant people who were attentive to the rules of purity. Modiin addition, it was assumed that people were Amme Haaretz ignorant. The Sharon, in this view, it would be symbolic for those less attentive to mizvot. The risk is that the material to which it is linked more to become a boomerang and that their houses become spiritually graves.

Matter mizvà tool that can easily become a stumbling block in the path or even crashing around me. It is up to us to make the road a path of Torah in which to proceed in the proper pitch, the right Halacha. It's up to us to make our houses of shelter full of Torah and good works impervious to anything negative is out.

I would then try to venture an allegorical interpretation of our Mishnah.

The same Mishna Bava Mezià teaches us that there are cycles that go beyond the seasons: the shops are in fact rented for twelve months. The reason is according to Rashi on the spot that the dealer has a lap of the outputs that will fall with time. In Hebrew hachenvanì mekif hakafot. The seller makes hakafot . You need to respect the economic cycle of the seller that he has twelve months. Otherwise could not accomplish its cycle.

In these days of hakafot where we take the first laps around the Tevà with the lulav and then with the Torah Simcha Torah itself is curious to find this same period . Well, the hakafà is thus also a cycle, a process and not just a ride around a physical object. And then if the business cycle is twelve months, although the cycle of the profession par excellence of the people of Israel, the study of Torah, is twelve months. In the prayer that is recited for the study of Talmudic debate is a treaty that the Torah is our profession . This is not about to discard the real work: the more times we have strongly rejected the idea that today there are some shield of the Torah not to work! Rather, the paper intends that the study should be addressed with the same seriousness with which they face their own business: a profession.

On the other hand you should know that the study is a process. As for the economy of an asset There are different seasons: time to invest and periods of collection and so on. There are times to get stronger in quantity and time to focus on quality.

Our Mishnah concludes oddly with the view of Rabban Shimon ben Gamliel, according to which the bread ovens and dry cleaners are exceptions and are entitled to three years' notice before the eviction. The second reason is that the Gemara hekefan merubè. They have a great ride. Rashi explains that these activities have a longer cycle of money. The Meiri spiega invece che sono queste delle attività difficilmente trasportabili perché necessitano di spazio per i forni e sorgenti d'acqua per le macine. L'hekef merubè sarebbe la difficoltà di trasporto.

È curioso che anche per la Torà esiste un ciclo di tre anni. Il ciclo di dodici mesi che noi utilizziamo era originariamente usato dalle Comunità babilonesi. In Erez Israel (e secondo alcuni così si faceva in epoca antichissima anche a Roma) si completava il ciclo della lettura della Torà in tre anni. Anche se quest'uso è ormai scomparso, l'idea è che anche se noi siamo generalmente portati to think that everything will go from year to year, in reality there are also longer cycles. Hekefan merubè. There are paths in the study of Torah longer "our" annual cycle. Think of the Daf Yomi , cycle with which we study the entire Talmud in seven years. Think of what the Masters say that there are things which we understand the deep meaning only after forty years of study. This should lead us to understand the importance of our actions and our study. What we will plant this winter, will have repercussions not only in the coming seasons and even this year alone. The echo is a mizvà infinito.

Nel preparaci alle hakafot pensiamo allora che ci sono delle hakafot ben più lunghi delle nostre e che se noi facciamo un piccolo percorso nei nostri Batè Keneset è perchè c'è un percorso più lungo che lega tutta la storia d'Israele, tutta l'esperienza ebraica, fino a quando presto e ai nostri giorni torneremo a fare la più grande delle hakafot attorno a tutti i nuovi quartieri di Jerushalaim per Santificare tutta la Città attorno al Santuario ricostruito.

Shabbat Shalom and Moadim leSimchà.

Luggage Not Made In China

Sheminì Azzeret 5770

With the festival of Shemini Azzeret will complete to D. willing this Shabbat the cycle of feasts of the month of Tishri, which we started fifty-two days prima con Rosh Chodesh Elul. Abbiamo più volte ricordato come la caratteristica di questa giornata sia proprio l'assenza di ogni cenno storico o mizvà particolare. Al culmine del processo spirituale che abbiamo fatto in queste settimane giungiamo ad un livello nel quale non c'è bisogno di nessun motivo per cercare la gioia della vicinanza al Signore. Abbiamo anche più volte ricordato che è proprio questo momento di apparente "vuoto" che Israel decide di riempire festeggiando il completamento del ciclo annuale dello studio della Torà.

C'è però un altro aspetto che caratterizza la liturgia di questa giornata: hagheshem the Tikun. From Musaf of Shemini Azzeret fact begin to remember the prayers that the Lord sends rain. So we go in winter. The rain is essential for the life of the plant world and is essential for the development of agriculture. The rain then becomes the symbol of sustenance: in Hebrew the root gheshem also forms the word gashminut, materiality. The rain is the basis of materiality.

Indeed, this is also the time when torniamo alla materialità. Dopo quasi due mesi di percorso stiamo per tornare al quotidiano con i suoi problemi e le sue necessità. La festa di Sheminì Azzeret e la corrispettiva gioia della Torà, la Simchat Torà, sono allora il trampolino per affrontare in maniera corretta il periodo invernale. Il primo punto è chiaro: la pioggia, la materialità, viene anch'essa dal Signore. L'ebraismo rifugge la dicotomia tra materia e spirito: il compito di Israele è proprio quello di mettere assieme materia e spirito al servizio del Signore.

Sebbene tutta la festa di Succot sia centrata the concept of water - enough to think that during Succoth was offered to propitiate the rain water on the altar - it is only the end of Succoth we begin to remember the rain prayers. Succoth of the rain would prevent us from fulfilling the mizvà of juice. But even after Succoth we limit ourselves for the moment to remember the rain, not to ask. In fact, we will wait another fortnight to make sure that the last of the Pilgrims to Jerushalaim is back at home in Babylon, then to avoid the rains complicate the path of pilgrims. The rain in fact, although beneficial, is a big problem for those who come out of the house, on the road. The Talmud in Bava Mezià Treaty (101b) points that in winter is extremely difficult to find a house to rent. Everyone wants to shelter and care about time. For this reason we can not evict a tenant from Sukkot to Passover. Why not find another house to rent. The winter period then becomes a sort of protected area. It's raining outside, there must be a guard. In this view, after exploring the concept of the precariousness of Succoth in which it has to filter water if it rains, we now need to worry about staying dry. We are called to create for ourselves the tevot Noach, of spirtual Arche Noah in which to defend ourselves in the winter months.

This relationship between the rain and the house is also the key to the short prayer recited in the High Priest in the Holy day of Yom Kippur. There are different traditions based on the Bavli, the Jerushalmi and other sources (and thus also different representations in the different rites in their Seder AVOD) but either way the most important time of year, the most important place on earth, the most important person of 'Israel would ask

· that if the year is warm, rainy weather is also .

· that does not diverge from the power House of Mardi

· that everyone has food in abbondanza

· che non venga accolta la preghiera dei viandanti che chiedono che non piova .

Poi faceva anche una preghiera specifica per gli abitanti della pianura dello Sharon: che le loro case non diventino le loro tombe.

The Rambam in his commentary on the Mishnah says that the Coen Hagadol made before the general requirements: a mild climate that is conducive to all and good government and then passed to the needs of the individual, sustenance and rain. Because the house prosper, we need the rain. Those who are away from home, praying that there is no rain and should not be heard. While others must refrain from asking the rain as long as they do not come home.

But perhaps the most curious and fascinating prayer is that the inhabitants of Sharon. The plain of Sharon was frequently subject to flooding and mud houses often turned into death traps. Before the recent natural disasters around the world and also in Italy we can perhaps better appreciate the prayer of the High Priest. But there are also deeper readings. The rain is essential, the material is crucial but can be dangerous. In some cases makes it difficult to Pilgrim's turning the streets into quagmires, but in extreme cases leads disaster and destruction. At the time of the Second Temple there was also a key demographic differences between areas of Erez Israel. The area was populated by around Jerushalaim Chaverim, by observant people who were attentive to the rules of purity. Modiin addition, it was assumed that people were Amme Haaretz ignorant. The Sharon, in this view, it would be symbolic for those less attentive to mizvot. The risk is that the material to which it is linked more to become a boomerang and that their houses become spiritually graves.

Matter mizvà tool that can easily become a stumbling block in the path or even crashing around me. It is up to us to make the road a path of Torah in which to proceed in the proper pitch, the right Halacha. It's up to us to make our houses of shelter full of Torah and good works impervious to anything negative is out.

I would then try to venture an allegorical interpretation of our Mishnah.

The same Mishna Bava Mezià teaches us that there are cycles that go beyond the seasons: the shops are in fact rented for twelve months. The reason is according to Rashi on the spot that the dealer has a lap of the outputs that will fall with time. In Hebrew hachenvanì mekif hakafot. The seller makes hakafot . You need to respect the economic cycle of the seller that he has twelve months. Otherwise could not accomplish its cycle.

In these days of hakafot where we take the first laps around the Tevà with the lulav and then with the Torah Simcha Torah itself is curious to find this same period . Well, the hakafà is thus also a cycle, a process and not just a ride around a physical object. And then if the business cycle is twelve months, although the cycle of the profession par excellence of the people of Israel, the study of Torah, is twelve months. In the prayer that is recited for the study of Talmudic debate is a treaty that the Torah is our profession . This is not about to discard the real work: the more times we have strongly rejected the idea that today there are some shield of the Torah not to work! Rather, the paper intends that the study should be addressed with the same seriousness with which they face their own business: a profession.

On the other hand you should know that the study is a process. As for the economy of an asset There are different seasons: time to invest and periods of collection and so on. There are times to get stronger in quantity and time to focus on quality.

Our Mishnah concludes oddly with the view of Rabban Shimon ben Gamliel, according to which the bread ovens and dry cleaners are exceptions and are entitled to three years' notice before the eviction. The second reason is that the Gemara hekefan merubè. They have a great ride. Rashi explains that these activities have a longer cycle of money. The Meiri spiega invece che sono queste delle attività difficilmente trasportabili perché necessitano di spazio per i forni e sorgenti d'acqua per le macine. L'hekef merubè sarebbe la difficoltà di trasporto.

È curioso che anche per la Torà esiste un ciclo di tre anni. Il ciclo di dodici mesi che noi utilizziamo era originariamente usato dalle Comunità babilonesi. In Erez Israel (e secondo alcuni così si faceva in epoca antichissima anche a Roma) si completava il ciclo della lettura della Torà in tre anni. Anche se quest'uso è ormai scomparso, l'idea è che anche se noi siamo generalmente portati to think that everything will go from year to year, in reality there are also longer cycles. Hekefan merubè. There are paths in the study of Torah longer "our" annual cycle. Think of the Daf Yomi , cycle with which we study the entire Talmud in seven years. Think of what the Masters say that there are things which we understand the deep meaning only after forty years of study. This should lead us to understand the importance of our actions and our study. What we will plant this winter, will have repercussions not only in the coming seasons and even this year alone. The echo is a mizvà infinito.

Nel preparaci alle hakafot pensiamo allora che ci sono delle hakafot ben più lunghi delle nostre e che se noi facciamo un piccolo percorso nei nostri Batè Keneset è perchè c'è un percorso più lungo che lega tutta la storia d'Israele, tutta l'esperienza ebraica, fino a quando presto e ai nostri giorni torneremo a fare la più grande delle hakafot attorno a tutti i nuovi quartieri di Jerushalaim per Santificare tutta la Città attorno al Santuario ricostruito.

Shabbat Shalom and Moadim leSimchà.

Grooms Table Decorations

Succot 5770

The Talmud in Bava Mezià Treaty (97th), discusses the subject of compensation for a borrowed or rented, which was lost. One of the general principles is that there is no compensation if the owner of the object is present (at least in part). Source exegesis of the verse (Exodus XXII, 14), the Mishnah shows that if the owner is working for those who took the object, this is always considered as if it were present and hence no compensation.

The Gemara extends the principle to all those professions which at the time of the Talmud were not paid directly, but received a salary from the case of the Master Community, including children, the agronomist, the Shochet, who practiced bloodletting and the barber. How to be considered? According to Rashi (and thus also Rambam and Ritva) when they are serving a customer, are treated as employees with him, so if he takes them on loan at the time an object is considered "the presence of the master" and there compensation. According to many Rishonim other hand, these are always considered in the service of all and then there is never any compensation.

The question then is what happens in the case of a teacher who does not receive any compensation.

It is this question that triggers an interesting (and interested) dispute between Rava and his disciples, the Sages of the Yeshiva. The disciples argue that the Master "works" for students, and then if they get an item on loan are exempt from any compensation. Rava angry (and perhaps worried that they will wish to take advantage of his wealth) replied that the opposite is true: the students who "work" at the Master and this is due to the fact that the Master who chooses the theme of the lesson and can move from one topic to another or from a treaty to another its sole discretion. From here then Rava is to be exempted from paying any compensation.

The Gemara, as often happens, both from reason: in general Rava is right, the Master is to have authority. This is not true for the " Yoma DeCallà" (or as we call them Yarc call), the lessons that precede and accompany the holidays. During the festivities the Master can not choose the topic is bound by a rule established by Moses our Teacher, to teach the rules of the party in question. In this case, he 'works' for students.

is clear that you are not speaking here only of compensation. At a deeper level discussion between Rava and his pupils on the nature of the relationship between teacher and pupil. According to the Gemara, the criterion is the ability to choose the theme of the lesson.

The authority of the Master is derived from its right (but also from his duty) to choose the educational path that is considered appropriate. But there is a time when the Torah is the same for everyone who chooses, for the Teacher, the learning path: the path of the parties. At this moment it would appear that the authority of the Master is not (with all the consequences Halacha above).

In my humble opinion looks absolutely fascinating that at this very moment there is an obligation that overrides the teacher-pupil ratio. Rabbi teaches Izchak in the Treaty of Rosh Hashana (16b) that everybody is obliged to pay a visit to his master during the holidays. This is learned from the fact that the woman's husband Shunnamita (King II, 23) is surprised that his wife go to see the prophet Elisha, though the working day: so what would be normal party.

The moment in which the authority of the Master is undermined because he can not choose, we must go to him. That is when we are statutory 'masters' of our teachers must show them respect. We have to look for them. The parties are also times when teachers are overwhelmed by the needs of their communities. Are forse proprio quei momenti in cui il pubblico si sente padrone e si aspetta un servizio (...a che ora suona lo Shofar?) È in questi momenti che abbiamo l’obbligo di andare dal Maestro, a risanare questo rapporto, ad ascoltare ciò che il Maestro è obbligato a dirci ed a ricordare che negli altri giorni è lui che sceglie.

E se è vero che nelle feste noi dobbiamo andare dal Maestro è altrettanto vero che dobbiamo fare posto al Maestro in casa nostra per il resto dell’anno. ‘ Sia la tua casa un ritrovo per i Chachamim ’ dice la Mishnà nel trattato di Avot.

È questo che avviene anche con la Shunnamita nel brano che noi leggiamo come Aftarà per la parashà di Vajerà. Prima ancora che lei andasse da Eliseo, aveva preso l’iniziativa di preparare una stanza per ospitare il profeta che visitava frequentemente Shunnem. E questo è anche il tema della relativa parashà di Vajerà che si apre con Avraham e la sua ospitalità agli gli angeli, ma anche della visita che Iddio stesso fa ad Avraham malato. Avraham sa accogliere, ma sa anche correre incontro.

Andare a trovare e ricevere, andare a vedere ed essere visti è una delle principali chiavi di lettura per il precetto del pellegrinaggio delle Tre Feste. Si va a vedere il Santuario e si viene visti dalla Presenza Divina.

Mi sembra che questi concetti trovino una particolare dimensione nella festa di Succot che è centrata sul concetto dell’incontro, del far visita e ricevere ospiti. In effetti la Succà si trova proprio nel crocevia di questo processo. Noi usciamo dalle nostre case andando incontro alla mizvà ed apriamo le nostre Succot al prossimo. Succot è il momento in cui riceviamo la visita dei Sette Ushpizin, i Sette ospiti, primo tra i quali Avraham che riceviamo proprio la sera in cui è mizvà mangiare in Succà. In questo equilibrio tra inside and outside, to visit and receive, the juice becomes a sacred space that heals our relationship with others, starting with the Master, but also our relationship with the material.

The mizvà the juice is defined as one who has not mizvà 'chesron kis', with which you do not lose anything, because it takes only a few branches. At the same time one must be careful not to build it with stolen property and so is stolen lulav is invalid. The theme of the damage to the neighbor with which we opened.

seems to me that it is precisely in this light that we should read the famous three points emphasized Hillel Hazaken during the celebration of Succoth, the Simchat Bet Hasoevà, in the Sanctuary.

· If I'm here, everything is here.

· in the place that I love, my feet take me there.

· Se tu verrai a Casa mia, Io verro a casa tua. Se tu non verrai a Casa mia, Io non verrò a casa tua.

Esistono varie letture per questa serie di insegnamenti secondo alcuni è D. che parla, secondo altri l’uomo stesso. In ogni modo la prima frase implica la consapevolezza di se, del proprio ruolo e del proprio luogo. La seconda che il vero amore si dimostra con lo spostarsi dalla propria posizione per andare nel luogo che si ama. La terza che esiste un principio di reciprocità.

Ed allora ciò is true whether the subject is man, that God blessed.

Succoth is to teach us that if we want a relationship we have to find time and place of meeting. What if we want a teacher can not only visit him once a year when we find it easy to introduce to the temple for a few minutes, but we must make room in our daily lives, our homes for his teaching.

And that if we want a relationship with the Lord this can not be based only on what we expect from him but rather by what He expects from us.

Shabbat Shalom and Moadim LeSimchà