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396 Pontus Polemoniacus had been placed by Justinian under a magister militum per Armeniam; and these provinces with Helenopontus and part of Cappadocia were still occupied by the Armeniaci. Thrace was still ruled by the successor of Justinian's praetor, and the Aegean islands obeyed the commander of the naval forces (carabisiani), who took the place of Justinian's quaestor Justinianus, and also exercised jurisdiction, at least for some purposes, over most of the south coast of Asia Minor. Each of these divisions was called a theme, and the title of the commanders of all except Obsequium was. Illyricum was almost lost; but the Illyrian praefect still ruled in Thessalonica, exercising military as well as civil powers. The provincial governors perhaps remained as minor judicial officers, but the vicars of the dioceses had disappeared. Of the great civil functionaries, the city-praefect, the magister officiorum, and the quaestor retained their old titles; but the comes largitionum was now known as and the comes rei privatae as sacellarius (treasurer), while the praefect of the East may have survived under some other title, with greatly reduced functions. The general tendency of these changes was to abolish the dependence of one official on another, and bring them all into direct relation to the Emperor.

In 661 Ḥasan's abdication enabled Mu'āwiya to renew the war. A raid by Ḥabīb in 661 effected nothing; but in 662 the Romans were defeated, and in 663 Busr wintered in the Empire. As Constans had taken the bulk of the Anatolic theme to the West, 'Abd-ar-Raḥmān, son of the celebrated Khālid, could advance in 664 to Colonia (Archelais), where he wintered, and in 665, after failing in an attack on some islands in Lake Caralis, he placed a garrison in Amorium, the head-quarters of the Anatolies, which was forced to capitulate, took Pessinus, and, after an unsuccessful attack on another fortified place, Cius, Pergamum, and Smyrna. Having been joined by some of the Slav colonists, he again wintered in Roman territory, and then returned to Emesa, where he soon afterwards died, it is said by poison (666).

In 666 Malik made a raid from Adata and wintered in Roman territory, and in 667 Busr ravaged the district of Hexapolis, west of Melitene, while another force wintered at Antioch in Pisidia: but in 668 the rebellion of Sapor, now general of the Armeniacs, gave an opening for a more dangerous attack. Sapor sent Sergius, one of his sub- ordinates, to ask for the Caliph's support; and on hearing of this the young Constantine, who was ruling in his father's absence, sent Andrew the chamberlain to present gifts to Mu'āwiya and beg him not to countenance rebellion. The two envoys met at the Caliph's court, and Mu'āwiya decided in favour of Sergius, who insulted Andrew by calling him not a man but a eunuch. Andrew retreated by the pass of Arabissus on the road to Hexapolis, where Sapor then was, the commandant of


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Author:Anatolius

 * Anatolius of Laodicea (3rd century), Syro-Egyptian saint and Bishop of Laodicea
 * Anatolius of Constantinople (5th century), Patriarch of Constantinople

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Author:Anatolius (d. 458)

Works

 * Σπηλαίῳ παρῴκησας (Spelaio parokesas, antiphon for December 25)

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Rh Sicilian subjects: but he was so far successful that no further invasion of Sicily was made while he lived, and in Africa, though the patrician Nicephorus is said to have been defeated in 665, no permanent conquest was effected till after his death. From Syracuse he sent for his wife and sons; but, as this foreshadowed a transfer of the seat of government, the citizens, headed by Andrew the chamberlain and the patrician Theodore of Colonia, refused to let them go.

It was not only at Constantinople that Constans was unpopular; and in 668 a plot was formed among those who surrounded him, one of whom, Andrew, son of Troilus, while the Emperor was bathing, poured an unusual quantity of soap over his face so as to blind him, and then killed him by striking him on the head with a silver ewer (15 July). The army proclaimed as emperor an Armenian named Mzhezh, who is said to have been of high character, but seems to have had no other recommendation except good looks, and was reluctant to accept the honour. His elevation found no favour elsewhere, the armies of Italy, Sardinia, and Africa united to overthrow him, the rebellion collapsed (Feb. 669), and the assassin Andrew, Mzhezh himself, and his chief adherents suffered death, among them the patrician Justinian, whose young son, Germanus, afterwards patriarch, was mutilated.

Before turning to the eastern war it is necessary to speak of the military and administrative organization which by a process we cannot trace in detail had been growing up during the reigns of Heraclius and Constans. The co-ordination of civil and military officials instituted by Diocletian had been greatly modified by Justinian, who in many places combined both functions in the hands of one man. From this time the civil governors, where they still existed, gradually became subservient to the military power, and the process was completed by the Persian and Saracen invasions, which made military rule a necessity, while the loss of the eastern provinces caused a new distribution of forces, and therefore new administrative divisions. Hitherto Asia Minor had hardly needed defence; and the only large contingent permanently stationed there was a portion of the palatine troops under the magister militum praesentalis quartered in the north-west, where in a district reaching from Paphlagonia and Galatia to the Hellespont they still remained under the name of imperiale obsequium, while their commander bore the title of Count. Of the countries under the magister militum per Orientem only Isauria and Cilicia remained; but, as his troops were required to defend southern Asia Minor, they were also quartered in part of Cappadocia and the district to the west of it, but were still known as Orientales. Further west by the Aegean was a section of the Thracian army which had followed Heraclius to the Persian war and were known as Thracesii; but these were under the Anatolic general. Armenia and


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Author:Hermann Struck

As illustrator

 * "Frontispiece" in Relativity (1931)

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 CONTENTS

TO THE

FIFTY-FIRST

VOLUME.

FROM JANUARY TO JUNE, 1867, INCLUSIVE.

A Long Journey-By the author of "Margret Howth,” etc, etc., 31, 109, 187, 263, 342, 417

A Week in Venice- By Charles J. Peterson, 43

A Wife's Autobiography-By Emma Garrison Jones, - 93 121

A Man's Heart- By E. B. Ripley, - 182

A Woman's Heart- By Louise Chandler Moulton, 333

A Woman's Work- By Daisy Ventnor, 425

A Strange Experience- By Rosalie Gray,

Another Man's Experience- By Frank Lee Benedict, 432

A New Border in Crochet- By Mrs. Jane Weaver, 452 (Illustrated,)

Crochet Neck-Tye-By Mrs. Jane Weaver, (Illustrated,) · 74

Children's Fashions, (Illustrated,) 80, 158, 236, 314, 392, 466

Crochet Edging-By Mrs. Jane Weaver, (Illustrated,) 148

Corset-Cover By Mrs. Jane Weaver, (Illustrated,) · 152

Crochet Edging- By Mrs. Jane Weaver, (Illustrated) 153 201

Cash or Barter-By Gabrielle Lee,

Crochet Trimming-By Mrs. Jane Weaver, (Illus trated,) 227.

Cravat for Gentleman- By Mrs. Jane Weaver, (Illus trated,) 231

Caterpillar Fringe for Trimming Curtains, Covers, etc.-By Mrs. Jane Weaver, (Illustrated,) 301

Crochet Stitches, etc., 310

Capuchin Hood-By Mrs. Jane Weaver, (Illustrated,) 381

Basket in Crochet- By Mrs. Jane Weaver, (Illus· trated,)147

Crochet Comforter- By Mrs. Jane Weaver, (Illus trated.) 386

Bugle Fringe-By Mrs. Jane Weaver, (Illustrated,) 231

Crochet Net Night-Cap-By Mrs. Jane Weaver, (Illustrated,)231

Bugle Trimming for Dresses-By Mrs. Jane Weaver, 452 (Illustrated,)

"Between the Acts"-By the author of " Mrs. Petroleum's Party," etc., etc., (Illustrated,) 255.

"Better Than a Fairy-Tale"-By the author of " Dora's

Diagrams of New Style Peplum-By Emily II. May, 361

Cold," etc., etc., 72 (Illustrated,)

Bead Bell-Pull-By Mrs. Jane Weaver, (Illustrated,) - 387

Design for Book-Marker-By Mrs. Jane Weaver,

Braiding Border for Pique Skirt- By Mrs. Jane Weaver, (Illustrated,) 453 73 (Illustrated.)

Design in Berlin Wool and Bead-Work-By Mrs. Jane Weaver, (Illustrated,) - 140

Dish-Washing Glove- By Mrs. Jane Weaver, (Illus trated,) 150

Crochet Insertion- By Mrs. Jane Weaver, (Illustrated,)

Diagram of Eugenie Paletot-By Emily H. May, 152 (Illustrated,)

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 II

CONTENTS. "Dandy"-By Daisy Ventnor, Double Chignon-By Emily H. May, (Illustrated,) · Design in Applique for Sofa-Cushions- By Mrs. Jane Weaver, (Illustrated,) Diagram of Exposition Opera Cloak-By Emily II. May, (Illustrated,) Diagram for Capuchin IIood-By Mrs. Jane Weaver, (Illustrated,) Dick Denison's Mistake-By Emma Garrison Jones, Design for Segar-Case Worked Upon Leather- By Mrs. Jane Weaver, (Illustrated,)

177 Jet Trimmings of Cord and Beads- By Mrs. Jane Weaver, (Illustrated,) 226 225 457

307 Knitted Child's Sock-By Mrs. Jane Weaver, (Illus trated,) 382 229 412 Knitted Capote for Children Under Two Years of 384 Age-By Mrs. Jane Weaver, (Illustrated,) 454 Little Key-Board-By Mrs. Jane Weaver, (Illus· trated,) Editor's Table, 76, 154, 232, 30S, 388, 460 Lady's Toilet Slipper- By Mrs. Jane Weaver, (Illustrated,) Emery Cushion, with Tatting-By Mrs. Jane Weaver, 230 (Illustrated,) Lamp-Mat in Crochet- By Mrs. Jane Weaver, (Illustrated,) 302 Edging, Muslin Embroidery-By Mrs. Jane Weaver, (Illustrated,) Lady's Toilet Slipper-By Mrs. Jane Weaver, (Illustrated.) 454 Embroidery for Flannel Blanket-By Mrs. Jane Wea ver, (Illustrated,) Lemuel Drayton's Pocket-Book-By Clara Augusta, -

153 226

228 231 578 45 Five Years of a Life-By Louise Chandler Moulton, Stephens, Fireside Amusements, · 78 Married by Mistake- By Mrs. Ann S. 57, 133, 206, 290, 368, 443 78 Family Pastimes, Miscellaneous Receipts, 79 80 Fashions for January, (Illustrated,) 103 158 Miss Chillingworth-By Frank Lee Benedict, Fashions for February, (Illustrated,) 261 - 236 My Little White Apron-By Gabrielle Lee, Fashions for March, (Illustrated,) · 337 My Wedding Tour-By Ella Rodman, Fashions for April, ( Illustrated,) 314 351 · 392 Mademoiselle-By Frank Lee Benedict, Fashions for May, (Illustrated,) Mat with Feather Edge- By Mrs. Jane Weaver, (Illustrated,) Fashions for June, (Illustrated,) 466 385 Marion's Stitches-By the author of " Susy L411 Diary," 438 Mrs. Prettiman's Skeleton- By Gabrielle Lee, Gothic Alphabet for Marking- By Mrs. Jane Weaver, 227 (Illustrated,) Greek Smoking-Cap-By Mrs. Jane Weaver, (Illustrated,) 74, 304, 386 458 Netted Opera-Hood- By Mrs. Jane Weaver, (Illustrated,) 453 Glove-Case-By Mrs. Jane Weaver, (Illustrated,) €9

Names for Marking, (Illustrated,) Needle-Case in Crochet- By Mrs. Jane Weaver, (Illustrated,)· 301

New Stitch in Worsted Work, with Bugles and Beads How "Greek Met Greek"-By Miss Judith Hendricks, 301 By Mrs. Jane Weaver, (Illustrated,) 142 New Stitches in Crochet-By Mrs Jane Weaver,

Health Department, 156 S05 (Illustrated,) Horticultural, 158, 234, 310 Hoe Out Your Row-By Mrs. N. M'Conaughy, - - 217 Helen March- By Frank Lee Benedict, 219

Initials, (Illustrated,) Infant's Boot- By Mrs. Jane Weaver, (Illustrated,)

65 "Only A Private"-By Daisy Ventnor, 79, 156, 234, 312, 390, 463 Our New Cook-Book, · · 310, 390, 462 Our Arm-Chair, 149 Only An Egg-Shell- By Mrs. Jane Weaver, (Illustrated.) 45 ) 457

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66 advice to bring the matter to a happy issue. None of the doubts and difficulties that for a time stood in the way of the President affected him. The Mississippi traffic was essential, it was then believed, to the life and development of the States beyond the mountains, and so long as the mouth of that river was in the hands of a foreign power, there was no certainty that the river would remain open. And far-sighted statesmen, even in that early day, had begun to catch some glimpse of the growth of the West through the vistas of the future, and thought that the western bank of the great river ought to be secured at any price. When the purchase had been pushed through on the responsibility of the President, he became very anxious to know how Congress and the people would regard his action. Congress was summoned to meet early in the autumn. In the meantime he wrote to Mr. Breckinridge, urging him to do what he could towards the desired end, and particularly to impress upon the western members, who could be relied on to support the administration, the necessity of being on hand promptly at the beginning of the session.

Mr. Jefferson was very doubtful whether he had any warrant in the Constitution for the step he had taken. After his usual manner in such a dilemma he wrote to a number of his confreres and asked their advice. He finally came to the conclusion that an amendment to the Constitution was necessary to make the acquisition of territory good, and expressed a desire to throw himself upon the tender


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 vacated the district court’s other holding that no court, or itself, may entertain a habeas action on behalf of a detainee held in Guantanamo, Cuba. Id. Additional Circuit precedent stands for the same proposition. See Massie, 244 F.3d at 1199 (affirming the district court’s conclusion that a litigant seeking a stay of execution on behalf of another person “lacked standing” as a next friend under Whitmore).

 * B. Standing must be jurisdictional because of its preclusive effect.

Judgments are preclusive. See, e.g., ''Owens v. Kaiser Found. Health Plan, Inc.'', 244 F.3d 708, 713 (9th Cir. 2001) (“Res judicata, also known as claim preclusion, bars litigation in a subsequent action of any claims that were raised or could have been raised in the prior action.” (citations omitted) ). If the putative next friend is not the appropriate entity, but the case is allowed to go forward, an improper representative can create preclusive precedent that, forever, bars the real party in interest. This preclusive effect alone requires that the question of next-friend standing be decided before the merits question and, if there is no next-friend standing, the case must be dismissed so the proper party may bring the case if she so chooses.

 * C. Cetacean did not impliedly overrule Coalition or Whitmore.

The Majority’s conclusion that Cetacean somehow makes next-friend standing nonjurisdictional tortures the case and legal reasoning to reach such a conclusion. First, both Whitmore and Coalition were decided before Cetacean. Accordingly, those binding cases, which directly answer the question of whether next-friend standing is jurisdictional, were binding on the Cetacean panel as well.

Second, Cetacean is silent on next-friend standing. Indeed, even the briefing did not raise the issue. Rather, the Cetacean court seemed to conclude that animals may have Article III standing, and then examined the statutory standing questions before it. 386 F.3d at 1174–79. The Cetacean court did not (though it most certainly should have) examine whether it was appropriate for a “self-appointed attorney” to bring a ease on behalf of the “Cetacean Community” and articulate “their” interests. Id. at

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Rh mercies of posterity to justify what he believed to have been a breach, at least of the letter, of the law. Accordingly he sent draughts of an amendment, somewhat differently worded in the several cases, to a number of gentlemen, among whom was Mr. Breckinridge, asking their opinion of it. Mr. Breckinridge was not to be brought to the view of his leader, and declined to introduce the bill authorizing the submission of such an amendment to the people. After a good deal of doubt and hesitancy on one side, and great firmness and decision on the other, the matter was finally dropped. No amendment was offered, and the acquisition of Louisiana passed into a great precedent. Had Mr. Jefferson prevailed and Mr. Breckinridge been overruled, the barrier to the annexation of Texas, and the purchase of the Floridas and Alaska might well have become insuperable.

When Congress assembled, the first question after the Senate had ratified the treaty, was to decide what steps were necessary to assert the ownership of Louisiana. Mr. Jefferson came to the conclusion that the warrant of Congress was prerequisite to any occupation of the newly-acquired territory, and Mr. Gallatin, acting for him, wrote to Mr. Breckinridge: "I send in the shape of a bill the substance of which [what?] the President seems to think necessary in order to authorize him to occupy and temporarily govern Louisiana. Will you consult with your friends and decide whether authority be necessary, and if so what form should be given it."


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68 Upon this point there was no difference of opinion, and the authority was given to the President in an act passed early in the session.

The energy, activity and decision which Mr. Breckinridge displayed in this connection, raised him in the estimation even of those with whom he had long been on intimate terms, and when the next election drew near he was mentioned very prominently for the Republican nomination for the Vice-Presidency. He never lacked warm and staunch friends, and, as soon as his name was mentioned, they came forward and pressed his claims with convincing effect. Mr. Jefferson, with an honorable desire to bind all sections firmly to his growing party, was very unwilling that the candidates for the two principal offices in the country should come from the States of Virginia and Kentucky, so recently one and still closely knit together. It did not need his eminent foresight to see that jealousy would be called forth by such action, and that such jealousy would at once be almost certainly fatal to the party, and not without some foundation. His friends were quick to urge Mr. Breckinridge to forbid that his name should be used, and the distinguished Allan McGruder wrote on Mr. Jefferson's behalf and laid the matter plainly before him. Mr. Breckinridge, who lost no opportunity of proving his love and loyalty towards his great leader, readily listened to these considerations and did not permit his name to be presented to the caucus which made the nominations. Nevertheless, quite a number of votes were cast for him.


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 1171–72. There can be no reasonable argument that the lawyer in Cetacean spoke to, and received instructions from his client, the “Cetacean Community.” Rather, he functioned as a purported next friend, arguing that certain Navy sonar technology injured the members of the “Cetacean Community.” Id.

Third, it is simply incorrect to conclude that an implied holding from a case that did not even address the question—in any form—somehow overrules explicit prior United States Supreme Court and Ninth Circuit precedent. “[U]nstated assumptions on non-litigated issues are not precedential holdings binding future decisions.” Sakamoto v. Duty Free Shoppers, Ltd., 764 F.2d 1285, 1288 (9th Cir. 1985); see also Morales-Garcia v. Holder, 567 F.3d 1058, 1064 (9th Cir. 2009) (stating that panels are bound by “prior decision[s],” but “the term ‘decision, however, encompasses only those issues that are raised or discussed” (citations omitted) ). Indeed, Cetacean itself noted: “ ‘[W]here a panel confronts an issue germane to the eventual resolution of the case, and resolves it after reasoned consideration in a published opinion, that ruling becomes the law of the circuit, regardless of whether doing so is necessary in some strict logical sense.’ ” Cetacean, 386 F.3d at 1173 (emphasis added) (quoting United States v. Johnson, 256 F.3d 895, 914 (9th Cir. 2001) (Kozinski, J., concurring) ); see also Brecht v. Abrahamson, 507 U.S. 619, 630–31, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (refusing to follow prior cases where the issue had not been “squarely addressed”). Rather, the appropriate reading of Cetacean, because a three-judge panel cannot overrule a prior panel, see Miller v. Gammie, 335 F.3d 889, 899 (9th Cir. 2003) (en banc), is that the Cetacean panel (1) ought not have reached the question it did; and (2) the fact that it seemed to conclude that an animal may have Article III standing does not remove the appropriate standing question that determines if the next friend may bring the action at all. It is simply unsupportable to conclude that a panel that did not address an issue somehow overrules prior binding decisions that did address the issue.

Fourth, the simple fact that Cetacean found that animals could have an Article III injury does not, automatically, create some form of right for third-parties to advance those claims (or, make next-friend standing nonjurisdictional and, as the Majority holds, simply inapplicable)! There are a multitude of Article III injuries that occur regularly, which people choose not to pursue. Because the individual with the injury opts not to pursue the claim does not somehow make the injury “public domain,” so any random entity may bring the claim. Next-friend standing serves as a bar to such meddling, and Cetacean did not impliedly eviscerate that conclusion.

Not only did Cetacean not address animal next-friend standing, but no court has ever done so. See Mount Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1448 n.13 (9th Cir. 1992) (“No party has mentioned and, notwithstanding our normal rules, we do not consider, the standing of the first-named party [Mount Graham Red Squirrel] to bring this action.”); Palila v. Hawaii Dep’t of Land & Nat’l Res., 852 F.2d 1106, 1107 (9th Cir. 1988) (“As an endangered species …, the bird … also has legal status and wings its way into federal court as a plaintiff in its own right.” (emphasis added) ), abrogated in part by, [sic] Cetacean, 386 F.3d at 1173 (9th Cir. 2004) (“Palila IV’s statements [regarding standing] are nonbinding dicta.”); Citizens to End Animal Suffering & Exploitation, Inc. v. New England Aquarium, 836 F.Supp. 45, 49–50 (D. Mass. 1993) (finding named dolphin, Kama, lacked standing because “[t]he MMPA does not authorize suits brought by animals,” and

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 addressing the fact that Rule 17(b) would hold that animals lack “capacity” to be sued because they are property of their owners, concluding that “the MMPA and the operation of F.R.Civ.P. 17(b) indicate that Kama the dolphin lacks standing to maintain this action as a matter of law,” and allowing “the removal of Kama’s name from the caption of [the] case”); Hawaiian Crow (ʻAlala) v. Lujan, 906 F.Supp. 549, 551–52 (D. Haw. 1991) (finding that in Northern Spotted Owl, Palila, and Mount Graham Red Squirrel, no party had challenged the named standing of the animal itself and the case had other parties in the litigation and ultimately concluding that “the cited cases do not directly support plaintiffs’ position here” and concluding that “the plain language of Rule 17(c) and section 1540(g) [did] not authorize the ʻAlala to sue” because it was “clearly neither a ‘person’ as defined in section 1532(13), nor an infant or incompetent person under Rule 17(c)”); Northern Spotted Owl v. Lujan, 758 F.Supp. 621 (W.D. Wash. 1991) (failing to address standing for named first-party); Northern Spotted Owl v. Hodel, 716 F.Supp. 479 (W.D. Wash. 1988) (failing to address standing for named first-party).

 * D. The Majority’s reliance on both Rule 17 and cases discussing “adequate protection” in the context of Rule 17 are simply inapplicable.

There is a crucial distinction between the cases cited by the Majority for the proposition that the only requirement for next friend suits is to ensure the “[incompetent parties] are adequately protected,” (quotation marks omitted and alterations in original), and the facts of this case and next-friend standing broadly. Each case cited is an example of an incompetent person bringing suit on his own behalf or such a person being sued by another party. I list the cases cited by the Majority to emphasize: Quite simply, there is no Article III jurisdiction question in any of these cases. Of
 * Krain v. Smallwood, 880 F.2d 1119, 1121 (9th Cir. 1989) (“Lawrence Krain appeals the dismissal with prejudice of eight lawsuits he filed, in pro se, in the district court.” (emphasis added) ).
 * United States v. 30.64 Acres of Land, 795 F.2d 796, 797 (9th Cir. 1986) (“The United States filed a complaint against Starr … to establish just compensation for 30.64 acres of Starr’s land taken by the government….” (emphasis added) ).
 * Harris v. Mangum, 863 F.3d 1133, 1136 (9th Cir. 2017) (“Plaintiff-Appellant Jason Harris, an Arizona state prisoner, filed pro se a lawsuit in state court that was subsequently removed….” (emphasis added) ).
 * Roberts v. Ohio Cas. Ins. Co., 256 F.2d 35, 37, 39 (5th Cir. 1958) (finding where “Ohio Casualty Insurance Company … filed suit to set aside a ruling … against the claimants—the children and their grandmother,” and children had not been represented by a guardian ad litem, the lower judgment granting relief to the plaintiff must be reversed and remanded for further proceedings (emphasis added) ).
 * Westcott v. U.S. Fid. Guar. Co., 158 F.2d 20, 21 (4th Cir. 1946) (“The United States Fidelity & Guaranty Company … brought a civil action … seeking a declaratory judgment to the effect that it was not liable on a public liability policy …. The defendants in the civil action … were the insured, … George Mann, a minor.” (emphasis added) ).

title: Page:Naruto v. Slater.pdf/19


text:
Page:Halek's Stories and Evensongs.pdf/261

 This remark appeared extremely personal, and they began to gesticulate against Vena; but some recognized that what he had said was at least true as regarded the Loykas.

Here one man said, “Only what surprised me is that old Loyka was so contented when he fared so ill as a pensioner.”

“Ah! well! well!” said the mayor, in elucidation of the mystery. “It is easy to be content when one has the wherewithal. He had good reason to be content. He had money enough for himself alone, about which he was wont to say, ‘While that exists, I need never beg anything of any one.’ And well that he had it, and not well that he had it. Well, because his son, the hospodar, frequently kept back his pensioner’s share of the crop, and the old man might have been reduced to real distress if he had been kept waiting for it; not well, because, on the other hand, old Loyka, when the law bore him out, forced his son to pay every quarter of grain due. From this money sprang their differences. And then all that he could spare was laid by, and now old Loyka’s Frank gets it all.”

“That boy will cut a figure in the world”, said some one. “He quite hung on his grandfather, and was at his house all day and all night long, until even his mother was angry with him for it. I maintain that he loved his grandfather more dearly than he loved either his father or his mother.”

“And where, pray, will you find children who do not love their grandfather and grandmother more dearly than they love their parents”, suggested others again. “You have at once his elder brother Joseph”, responded the former speaker.

“Faugh! he, indeed, why he never loved any one in his life.” The opinion thus pronounced apparently expressed the general sentiment, for no one contradicted it.

At this moment a heart-rending wail resounded from the farmyard, and attracted the attention of all the neighbours present. They peered through the half-opened gate and said to one another, “’Tis Frank; we might have known it.”

Frank ran out on to the village green, his hair dishevelled, his face wet with tears, his eyes still filled with tears, and sobbed forth amid sighs and gulpings, “We have lost grandfather, our people drive me from him-oh! unhappy that I am!” And he cried until he choked.

During this outburst of sorrow the neighbours were silent. Only Vena took upon himself the task of continuing the conversation. “Ah! we know why they have driven thee out. They want to grab! They are grab, grabbing!” and he began to represent Rh


text:
Translation:Likutei Moharan/10

"V'eileh (And these) are the laws that you must place before them."

(Exodus 21:1)

[Divine Judgments]
When, God forbid, there are Divine judgments / decrees affecting the Jewish people, through dancing and hand-clapping these Divine judgments / decrees can be mitigated.

[God's Greatness]
For the essence of God's greatness is that the idolators, as well, should know there is an Almighty who rules and governs [the world]. As it is brought in the Zohar (II, 69a): When Yitro came, he said, "Now I know that God is great." With this His Name grew greater and more exalted.

[City of our God]
But it is impossible for the idolators to know of the Holy One's greatness except through the aspect of Yaakov, as is written (Isaiah 2:5), "O House of Yaakov, come let us go in God's light." This is because [Yaakov] revealed the Holy One's greatness even more than the other patriarchs.

[Our Sages taught:] Avraham called it a mountain and Yitzchak called it a field (Pesachim 88a). People have a better understanding of and more need of a field than a mountain. Yaakov, on the other hand, referred to it as a house (ibid.), which is even more suitable for human habitation than a field. For the place of the Holy Temple, the place of prayer, Yaakov called a house - a place which people inhabit.

[Yaakov] elevated prayer from mountain and field to the aspect of house, which is more comprehensible to people than either mountain or field. For in the concept of house, idolators, too, have an understanding, as in (Isaiah 56:7), "for My house shall be called a house of prayer for all the nations. And when it is on the level of house, then - "with this His exalted name grew still greater."

{"God is great, and highly praised in the city of our God, in the mountain of His holiness" (Psalms 48:2).}

This is the meaning of "God is great, and m'ode (highly) praised." That is, when is it that God is great? - when He is highly praised by the side of death, the idolators. {As our Sages taught: In the verse (Genesis 1:31), "...and behold, it was m'ode good," the word m'ode alludes to the Angel of Death (Bereishit Rabbah 9:5).}  When they praise Him, then He is great; this being the quintessence of His greatness.

And when is it that they praise Him? "...in the city of our God, in the mountain of His holiness." [The idolators will praise God] when mountain becomes "the city of our God," a place of habitation / house, which is more understood than a mountain or a field. In other words, when prayer is elevated from the level of mountain to that of city and house - so that the idolators will also gain understanding - precisely then, "God is great..." For this is the essence of the Holy One's greatness: when those who are distant also know of Him.

[The Haughty Individual]
And this matter of elevating prayer from the levels of mountain and field to that of house and "city of our God," so that His sovereignty will also be revealed to the idolators in order for them to have an understanding of His Godliness, can only be achieved through the tzaddikim of the generation. As our Sages taught: When a person has someone sick at home, let him turn to a wise man who will arouse mercy for him (Bava Batra 116a).

{"Now hashev (return) aishet ha'ish (the man's wife), for he is a navi (a prophet). He will pray for you, and you will live" (Genesis 20:7).}

For the essence of prayer is only known to the tzaddikim of the generation. But there are haughty individuals who do not want to go to the tzaddikim. They say that they themselves can pray. They also prevent other people - when they experience suffering and sickness - from turning to the tzaddikim. Of such individuals, it is said, "return the man's wife, for he is a prophet. He will pray for you, and you will live."

This haughty individual is called "Avimelekh." Avi connotes "desire," he desires to m'lokh (rule). Hence, Avi-melekh (I desire to rule). For the truth is that the tzaddik rules through his prayer, as is written (2 Samuel 23:3), "The tzaddik rules..." But [this haughty individual] boasts that he can pray and that rulership is his. This is the reason why he is called "Avimelekh," for he desires to rule and says, "I will m'lokh."

And this is the explanation of hashev aishet ha'ish. The letters of AiSheT (wife) are an acrostic for Adonay Sefatai Tiftach, which is the aspect of prayer. In other words, "return the wife" - the aspect of prayer - to the tzaddik, "for he is a prophet."

For God desires the prayers of the tzaddikim (Yevamot 64a). He sends a well arranged prayer into [the tzaddik's] mouth, so that He might derive pleasure from his prayer. This is, "...for he is a NaVi," which denotes NiV sefataim (an expression of the lips). (Isaiah 57:19) - if his prayer was fluent in his mouth, [he knew he was accepted] (Berakhot 34b).

And this is HaSheV, the letters of which form an acrostic for Har (mountain), Sadeh (field) and Bayit (house). This alludes to the perfect nature of the tzaddik's prayer, which he elevates from the levels of mountain and field to the level of house, as explained above.

But these haughty individuals prevent God from having this pleasure. They do not ask the tzaddikim to pray on their behalf. They think that because they fasted and mortified themselves, this has made them into tzaddikim. It is not so. All the fasts they fasted are only like a sack with many holes. Even when the sack is emptied, the holes remain.

And the body is called a sack, as in the words of the Tanna: "Sharp scholar, open your sack" (Shabbat 152a). Were they to look carefully at themselves they would see that even after all the fasting, they still have all their passions tied up in their sack - i.e., their bodies. And, not only are their own passions still bound to their bodies, but also their father's passion. This has been with them from birth, because their fathers did not sanctify themselves during cohabitation. This, too, is still bound in their bodies. Were they aware of all this, they would undoubtedly be overcome by fright. For they would realize that they are standing on an inferior and very low level.

{"And it happened as they began emptying their sacks, that behold, each one's bundle of money was [found] in his sack. And when they and their father saw the bundles of money, they became afraid. Avihem (Their father) Yaakov said to them, ' Otee shekaltem (You're making me lose my children).  Yosef is gone.  Shimon is gone.  And now you want to take Binyamin!  All these things are happening to me!'" (Genesis 42:35-36).}

This is the explanation of, "And it happened as they began emptying their sacks, that behold, each one's bundle of money was [found] in his sack." Even after all the fasts - which is "emptying the sack," the body - "each one's bundle of KeSeF (money) was found" - his  and passions were bound and tied "in his sack" and his body. "And when they and their father saw the bundles of money" - in other words, [they realized that] not only their own bundles of money, their own passions, but also "they and their father," their father's passion had not fallen from them. Thus, "they became afraid" - they were overcome by fright, and so no longer wanted to take power and rule.

This is the explanation of: "Avihem (Their father) Yaakov said to them, 'Otee shekaltem (You're making me lose my children).  Yosef is gone...'"  This is an allusion to the intellect's rebuke, because the intellect reproves the haughty individuals who seek prominence. For YaAKoV corresponds to intellect, as Onkelos renders YaAKVeiny ("he went behind my back"): "he outsmarted me" (Genesis 27:36).

And this is "Avihem," because AV (father) indicates wisdom (Megillah 13a). In other words, the SeKheL (intellect) rebukes them, saying, "otee sheKaLtem." For whenever someone is haughty, his wisdom leaves him (cf. Pesachim 66b).

"Yosef is gone." This corresponds to making amends. In other words, you have still not rectified that which is awry, and this is a humiliation and a disgrace. You should be ashamed because of this. Because making amends corresponds to yOSeF, as in (Genesis 30:23), "God OSaF (has gathered up) my humiliation."

"Shimon is gone." That is, because you do not have the quality of Yosef, you therefore do not have the quality of Shimon. ShiMAon corresponds to, "for God ShaMA (has heard) that I am despised" (Genesis 29:33). But you are not despised because you have not rectified yourself. As such, you certainly cannot rebuke others, for they will say to you: "First adorn yourself..." (Bava Metzia 107b). This is why you are not despised. For the person who gives reproof is despised, as our Sages taught: When the people of a city are fond of a rabbinical scholar, it is not due to his excellence, but because he fails to rebuke them in spiritual matters (Ketuvot 105b). This shows that one who gives reproof is despised.

"And now you want to take Binyamin!" This indicates prominence, as Rashi explains (Genesis 35:18): "BiNYaMIN - he was called this because of the Land of Israel:  BeN YaMIN." And the Land of Israel is higher than all the other lands (Zevachim 54b).

In other words, not enough that you lack all these qualities, but on top of this "you want to take Binyamin" - you want to take prominence for yourselves. And this is how the intellect concluded its reproof of them: "All these things are happening to me!" Everything is happening to me, because "whenever someone is haughty, his wisdom leaves him."

[TeRuAh]
Now, the main solution for eliminating haughtiness - itself considered idolatry, as in (Proverbs 16:5), "God considers an abomination anyone whose heart is haughty" - is to draw close to the tzaddikim. As is brought in the Tikkuney Zohar (#21 p.49a): With a teruah (shofar blast), which is ruach, [belief in an] "other god" disappears.

And the tzaddik corresponds to ruach, as in (Numbers 27:18), "a man in whom there is  ruach (spirit)." Through him, the haughty spirit - the "other god" - is humbled; the acheR (other) is transformed into echaD (one). This is because [the tzaddik] is the back-point of the letter dalet (Tikkuney Zohar, p. 55). From him are the four ruchot, as in (Ezekiel 37:9), "Thus says God: Come from the four winds, O spirit." And this is the connotation of TeRuAh. It is similar to (Psalms 2:9), "You shall TRoAim (break them) with a rod of iron" (Tikkuney Zohar #18, p.36a), because it breaks the haughty spirit / "other god" / atheism.

[The Emanation of the Hands and Feet]
And this is the aspect of dancing and hand-clapping, because dancing and clapping are drawn from the spirit in the heart. As is readily observable, when a person's heart is happy he dances and claps his hands. And, as is brought in the Tikkuney Zohar (#21, p.51b): "This ruach blows in the six sections of the arms and the six sections of the legs" - the aspect of clapping and dancing. This corresponds to "his heart carried his feet" (Bereishit Rabbah 70:8). In other words, the spirit in the heart produces dancing.

Thus, through the tzaddik / the ruach, haughtiness is eliminated, as explained. As is written (Psalms 36:12), "Let not the foot of pride come against me." Idolatry is also eliminated. As is written (Genesis 18:4), "... and wash your feet" - this alludes to idolatry (Bava Metzia 86b).

And when the feet are lifted up in dance, corresponding to "his heart carried his feet," haughtiness - i.e., idolatry - is eliminated. Through this, Divine judgments / decrees are mitigated. For "As long as there is idol worship in the world, there is charon af (Divine anger) in the world" (Sifri 13:18). But when idolatry disappears, Divine anger disappears and chasadim (benevolences) are drawn [to the world]. Then the feet are "the feet of ChaSiDav (His pious ones)" (I Samuel 20:9) - i.e., the aspect of ChaSaDim. This corresponds to (Isaiah 55:3), "...the kindnesses of David are faithful." Specifically, "faithful" because heresy and atheism are eliminated.

And [ruach] also corresponds to hand-clapping. For through the ruach, the emanation of the hands is revealed, as in (Song of Songs 5:1), "The sound of my beloved dofeik (pulsates)." Dofeik, as the Tikkuney Zohar (#25, p.70a) brings, is an aspect of ruach. The verse adjacent to this, "My beloved put his hand in through the hole" (Song of Songs 5:4), alludes to the revelation of the hands' emanation - i.e., hand-clapping. And then idol worship - i.e., heresy - is eliminated. As it is written (Exodus 17:2), "And his hands were faith."

We find, therefore, that through the tzaddik - i.e., the ruach in the heart - the emanation of the hands and feet - i.e., clapping and dancing - is revealed. Haughtiness and atheism are thus eliminated, and faith is increased. And then, "My foot stands in an even place" (Psalms 26:11) is fulfilled. ["My foot stands"] is a reference to faith, whereas heresy is called a "bent foot." As Asaf said (Psalms 73:2), "My feet were almost bent," which in context refers there to his having turned his heart to heresy. But, "My foot stands in an even place" indicates faith. And then, "His hands were faith" is fulfilled.

[The Revealed and the Hidden]
The Torah, too, corresponds to hands and feet. For the Torah consists of both revealed and hidden [teachings]. The revealed corresponds to the hands, as in, "My beloved put his hand in through the chor (hole)." "In by the ChoR" alludes to "ChoRut (engraved) on the tablets" (Exodus 32:16) - this being the revealed. The hidden corresponds to the feet, as our Sages said: "The rounded thighs" (Song of Songs 7:2) - just as the thigh is hidden, so too, the words of Torah (Sukkah 49b).

And the Torah in its entirety is called lev (heart), because it begins with a Bet and concludes with a Lamed. [The heart] is the dwelling place of the spirit "which blows in the six sections of the arms and the six sections of the legs" - i.e., in the revealed and the hidden.

[Mordekhai and Esther]
And [all] this corresponds to Mordekhai and Esther, Haman, the aspects of Purim, the lots which Haman cast and the measure of barley offering.

Haman corresponds to idol worship, as our Sages taught: [Haman] made himself into an object of worship (Megillah 10b). This is the reason "the pur-lottery he cast" (Esther 3:7) [fell] in the month which Moshe died (Megillah 13b). For Moshe is the one who counters idolatry. This is why he was buried "opposite Bet Pe'or" (Deuteronomy 34:6), as our Sages expounded: This was in order to eliminate the idolatry that was Pe'or (Sotah 14a). For the letters of the name Moshe have the same numerical value as those of charon af (Divine anger). He is the one who counters the Divine anger resulting from idolatry, because it was [Moshe] who received the Torah - the hands and feet through which idol worship is eliminated.

This is why [Haman rejoiced when] the lot fell in the month of Moshe's passing. He presumed that [the power of] Moshe, the one who eliminates the power of idolatry, had already passed from the world and there was no one else who could counter the power of this idol worship.

But Mordekhai and Esther had the power to counter Haman's idolatry. This is why, in their day, the Jews received the Torah anew. As our Sages taught: "[The Jews] fulfilled and took upon themselves" (Esther 9:27) - they fulfilled that which they had previously taken upon themselves (Shabbat 88a).

This is the meaning of "they fulfilled and took upon themselves." "They fulfilled" corresponds to the feet, and "took upon themselves" corresponds to the hands. This is the very aspect of the Torah.

This also corresponds to Mordekhai and Esther. MoRDekhai is "MoR D'ror" (Exodus 30:23; cf. Chullin 139b). The word d'ror denotes CheRut (freedom), which is an allusion to the hands, as in, "My beloved put his hand in by the ChoR." And Esther corresponds to the thighs, as in, "Just as the thigh is hidden," as mentioned above.

And this is the connotation of [the festival's name,] PURim. It alludes to the elimination of idol worship, as is written (Isaiah 63:3), "The PURah (winepress) I have trodden alone; and of the nations, there was none with Me."

Through the emanation of Mordekhai and Esther, the aspects of the hands and the feet, atheism is eliminated. Faith is thus increased in the world because of them. As it is written (Esther 2:7), "And [Mordekhai] OEMeiN (raised) Hadassah - [i.e., Esther] - of whom it is written (Esther 2:20), "just as when she was OEMNah (raised) by him." For both [Mordekhai and Esther] correspond to EMuNah (faith).

And, as mentioned above, [elimination of atheism and an increase of faith] is achieved by means of the ruach. This corresponds to: The Book of Esther was dictated with ruach-of-holiness (Megillah 7a), an aspect of, "his heart carried his feet." For, in the main, the idolators are dependent upon [Esther], she being synonymous with the feet, as in (Proverbs 5:5), "Her feet go down to death." Therefore, the primary rectification of idol worship comes through her.

And so, specifically, "The Book of Esther was dictated with ruach-of-holiness." Even though it is true that idolatry is also rectified through Mordekhai, nevertheless, since the idolators are mainly dependent upon, the main rectification is through her. The book was therefore named after Esther (Megillah, ibid.). This is the reason that specifically "The Book of Esther was dictated with the spirit of holiness." For the spirit is in the heart, and through it the emanation of the hands and feet is revealed. It is just that the primary dependence is upon the feet/Esther.

This ties into the concept of the omer (sacrificial measure) of barley. The AoMeR corresponds to MoRDekhai: its letters Ayin MoR [suggest] MoR D'ror. The word d'ror denotes CheRut (freedom), which is "ChoRut (engraved) on the tablets." {As our Sages taught: Do not read that the tablets were chorut, but rather that they provided the Jews with cherut (Eruvin 54a).} And [chorut] corresponds to revealed Torah, an aspect of "Ayin b'Ayin (eye to eye)" (Numbers 14:14).

And Se'ORim (barley) corresponds to "The Book of Esther was dictated with ruach-of-holiness." As it is written (Deuteronomy 32:2), "Like Se'IRim (windblown rains) upon the grass," which denotes ruach.

This is why the Midrash teaches that when Haman came to Mordekhai, he found him teaching the laws of the barley offering. [Haman] said to them, "The measure of your barley offering will one day come to defeat" him and his sons (Esther Rabbah 10:4). Through the measured barley offering, which corresponds to the hands and feet - i.e., clapping and dancing - idolatry / Haman / haughtiness is eliminated.

And this is the reason why Haman ordered the preparation of "a tree of fifty cubits" [on which to hang Mordekhai] (Esther 5:14). He hoped to undermine the influence of the fifty days of Omer-Counting form which Mordekhai and Esther drew their power.

[Repentance]
This is the explanation:

'''Rabbah bar bar Chanah recounted: This merchant said to me, "Come, I will show you those swallowed up with Korach." I went and saw two cracks from which fumes were coming out. [The merchant] took a ball of omra (wool) and washed it in water. Then he put it on the head of his romach (spear) and inserted it there. When he removed it, it was ichrakh (scorched) entirely. He said to me, "Listen! What do you hear?" I heard them saying, "Moshe and his Torah are true, and we are false." [The merchant] said to me, "Once every thirty days Hell brings them back to here, like meat in a pot. And this is what they say, that Moshe and his Torah are true and they are false"''' (Bava Batra 74a).

Rashbam:

cracks - splits, as in, "And the earth split open": fumes - smoke: took a ball of omra - he took a clump of wool and soaked it in water:  scorched entirely - the ball of wall, even though it had been soaked in water:  Listen! - pay attention and hear:  I heard them saying - for they had descended to Hell alive:  Once every thirty days - every New Moon:  In a pot - which is stirred so that it cooks:

♦

those swallowed up with Korach - As we find in the Midrash: Korach was a heretic (Bamidbar Rabbah 18). And heresy is similar to idol worship.

I saw two cracks from which fumes were coming out - This alludes to the Divine anger brought on by heresy. As our Sages taught: As long as there is idol worship in the world, there is Divine anger in the world. The two cracks correspond ot the two nostrils from which smoke emanates, as in (Psalms 18:9), "Smoke went up out of his nostrils."

took a ball of OMRa (wool) - This is synonymous with the OMeR, as mentioned above. [It refers to Mordekhai/revealed Torah/hands, which is joined with hidden Torah, as in:]

washed it in water - This is the se'orim (barley), which corresponds to "The Book of Esther was dictated with ruach-of-holiness" / the feet. This is because the feet are the "water brooks" (Psalms 42:2), in that they correspond to willows of the stream. As our Sages taught: A person's feet are arvin (guarantors) for him (Sukkah 53a). ARVin corresponds to ARVey (willows) of the stream, the "water brooks." [Thus the wool in water] alludes to Mordekhai and Esther / the hands and the feet / clapping and dancing.

Then he put in on the head of his romach (spear) - RoMaCh is RuaCh Mem (cf. Zohar III, 237a), as in, "Come from the four RuChot (winds), O spirit. This is because the mem refers to the four winds, which corresponds to the ruach of the tzaddik that "blows in the arms and the legs."  And the head of the romach is the tzaddik from whom the ruach comes, as in, "A man in whom there is  ruach.

When he removed it, it was ichrakh (scorched) entirely - The word iChRaKh has the connotation of life and length of days. As our Sages taught: "The slothful man will not YaChaRoKh (roast) his catch" (Proverbs 12:27) - he will neither YiChyeh (live) nor YaaRiKh (have length of days) (Eruvin 54b). This is the meaning of scorched entirely: it alludes to life and length of days. By eliminating haughtiness - i.e., idolatry - [one's] wisdom is as it should be. And with wisdom, a person lives long, as is written (Ecclesiastes 7:12), "Wisdom gives life to those who possess it."

'''He said to me, Listen! What do you hear? I heard them saying, Moshe and his Torah are true''' - They admitted to the truth. This happens when a person draws closer to the in order to receive ruach from. As a result, [the spirit of] haughtiness and idolatry is shattered. Then even those [distant from God] - who are from  - recognize the greatness of the Holy One.

[The merchant] said to me, Once every thirty days Hell brings them back to here... And this is what they say, that Moshe and his Torah are true - Rashbam explains that this happened every New Moon. This is because everything has its root , and the root of repentance is the New Moon. As our Sages expounded: On the New Moon, the Holy One says, "Bring an atonement offering on My behalf [for My having caused the moon to be diminished]" (Chullin 60a). This is an aspect of repentance. And on the New Moon, this repentance is projected down [from God] into all of creation. Thus, even Korach and his followers must feel some remorse on the New Moon. But repentance does not help them, because essentially repentance is only in this world. For he who toiled on the eve of Shabbat will eat on Shabbat (Avodah Zarah 3a).

It follows, certainly, that this confession, the remorse and admission [of Korach and his followers], does not absolve them from the punishment of Hell. This is why Hell brings them back to here. For they are not exempt with this. Even so, there is no [suffering in] Hell on the New Moon as on other days (Zohar II, 150b). Hell on the New Moon is only remorse: feeling sorry, confessing and feeling shame. This itself was their Hell. The language is precise: Hell brings them back to here. In other words, this that they are brought back to here, that they return and admit - this is their Hell.

[Rectification]
This is the explanation [of the opening verse]:

"V'eileh (And these) are the laws that you must place before them."

The Mekhilta (21:1, Bava Kama 15a) comments: that you must place before them - Woman is equated with man in regard to all dinim (laws) of the Torah. The explanation is as follows: For all the dinim (Divine judgments/decrees) in the Torah which need to be mitigated, one must equate - i.e., unite the Holy One and His Divine Presence. This is the aspect of Mordekhai and Esther. Thus:

V'eileh - Wherever the term v'eileh ("and these") is used, it comes to add to what went first (Bereishit Rabbah 30:3). [Thus, v'eileh] indicates an increase and a multiplicity, which correspond to haughtiness and idolatry. As it is written (Deuteronomy 7:7), "It was not because you had great numbers that God embraced you" - ["great numbers"] being explained as haughtiness. This is the meaning of "it comes to add to what went first." This is the aspect of Haman/Amalek, of whom it is written (Numbers 24:20), "First among nations is Amalek." And [Haman/Amalek] is rectified by means of:

the laws - This corresponds to ruach, as is written (Isaiah 28:6), "And for a ruach (spirit) of judgment...to them that turn back the battle." It is with the ruach [of the Torah] that haughtiness and idolatry are rectified. And through this:

that you must place before them - This is, "Woman is equated with man in regard to all dinim of the Torah" - i.e., mitigating all the Divine judgments/decrees. For "As long as there is idolatry in the world, there is Divine anger - i.e., Divine judgments/decrees - in the world. But, by means of the abovementioned ruach there is a union between the Holy One and His Divine Presence, and the Divine judgments/decrees are mitigated.  Divine anger then departs from the world.

Now, the sum of all this is as follows: Through the tzaddik, who corresponds to ruach, [belief in an] "other god" atheism disappear. And, as a result of the ruach, there is dancing and hand-clapping. As explained above, this is because through the tzaddik / the ruach, the feet are lifted up, the emanation of the hands is revealed, and faith increases. This is why of Yosef, who is the aspect of tzaddik, it is written (Genesis 41:44), "Without your permission, no man will lift up his hand or foot [in all of Egypt]." For without the aspect of Yosef, the tzaddik, it is impossible to lift up or raise either the hands or the feet.

And so, from all of this you can understand that revealed [Torah] corresponds to the hands, and hidden [Torah] corresponds to the feet - corresponding to Mordekhai and Esther. And even though the hidden is more exalted than the revealed, still, the revealed manifests in a higher position, i.e., the hands, whereas the hidden is in the feet, which are lower than the hands. This matter is complex, yet aligns with that which is written in the Zohar (II, 258a): The Tannaim (early Sages) are in the thighs and the Amoraim (later Sages) in the hands. Although the Tannaim are more exalted than the Amoraim, nevertheless, their position is lower than the position of the Amoraim. The same is true of the Books fo the Prophets vis-a-vis the Sacred Writings. And answer for this has already been given.

[Avimelekh]
From a manuscript written by Rebbe Nachman relating to this lesson:

And these are the laws that you must place before them:

{"Sing to God, for He has done gei'ut (glorious things); this is known in all the earth." (Isaiah 12:5)}

"This is known in all the earth," that gei'ut (haughtiness) is a despicable quality, one from which a person must flee. Yet, there are people who run after honor. They desire to rule and direct everything. They claim to have the "power in their hands" to perform redemptions and pray [effective] prayers. Of such individuals it is said, "return the man's wife, for he is a prophet. He will pray for you, and you will live."

For this is known: The Holy One {desires the prayers of the tzaddikim. A person must turn to them, so that they will pray for him}. But the haughty people do not turn to the tzaddikim to request that they pray on their behalf. What is more, they also prevent others from going to the tzaddikim to enlist their prayers. For these haughty individuals claim that they, too, are tzaddikim capable of praying, and that there is no one more righteous than they in the world. This has earned them the title "Avimelekh": AVi connotes "desire," as in (Deuteronomy 23:6), "But God your Lord did not AVa (desire) to pay heed to Bilaam.

title: Translation:Likutei Moharan/10


text:
Translation talk:Likutei Moharan/10

Credit to Translators
This text is being typed in wikisource but the original translation from the Hebrew was done by Moshe Mykoff and Symcha Bergman and can be found in the LIKUTEY MOHARAN SET (15 volumes). The set also includes annotations by Chaim Kramer and is considered the first authoritative translation of Rebbe Nachman’s magnum opus, containing all his major lessons. Presented with facing Hebrew text, full explanatory notes, source references and supplementary information, plus a variety of charts which assist the reader with kabbalistic teachings found in the text. Volume 1 contains Reb Noson’s introduction to the original work, brief biographies of Rebbe Nachman and Reb Noson, and a bibliography. Published by Breslov Research Institute in Jerusalem in 1993 & 2012 by editors: Moshe Mykoff & Ozer Bergman. Breslevjoy (talk) 19:35, 13 December 2023 (UTC)

title: Translation talk:Likutei Moharan/10


text:
Page:Halek's Stories and Evensongs.pdf/262

 in dumb show how they were scraping everything into their pockets. But all at once, while thus engaged, Vena paused, clapped his hand to his forehead and said, “Pantata, the mayor! how forgetful I have been! When I went to the town this morning old Loyka gave me this paper, and says he, ‘When you come back from the town give it to my good gossip, the mayor.’ And here am I forgetting all about the paper from sheer surprise!” He put his hand to his pocket, where he had an official document, drew out a roll of paper and handed it to the mayor.

The mayor broke the seal, ran his eyes over the contents, and said, “This is Loyka’s last will. He leaves everything to you, Frank, and everything is here mentioned down to the smallest details.”

Very likely Frank did not hear what the mayor said. He sat by the gate on the ground, leant his hand on the abutment of the wall, his head on his hand, and wept without cessation.

But extreme surprise and astonishment had got the better of the rest of the bystanders, as was evident from the following conversation.

“Show it us, good gossip, the mayor, show it us!”

“On my faith it is all true.”

“And as soon as Vena returned from the town, he was to hand it over to you.

“Well, and he has handed it over, to be sure.”

“And then, they say that old Loyka did not know when he was to die.”

“To a hair he knew that he was to die to-day.”

“You see, I told you that old people knew to a hair when they are to die. Every one who is a hundred years old knows it. And he bade bring that rosolek here, that they might have it ready against the funeral.”

The circumstances of the case so cohered together, that they only the more confirmed the general astonishment.

Then the mayor said, “The defunct has appointed me trustee, to look through his personal property in the presence of witnesses, and to take everything under my protection. Come, then, neighbours; if two of you are willing to offer yourselves to be witnesses we can go to the house of the defunct at once, and look over his personal effects.”

“Prithee, why not? prithee, why not?” answered the neighbours, and hurried into the court-yard of the Loykas, but instead of two, all pressed forward, just as they were. Each man thought


text:
Author:Heinrich von Laufenberg

Works

 * Es stot ein lind im himelrich

title: Author:Heinrich von Laufenberg


text: Category:Gift Books

title: Category:Gift Books


text:
Page:Naruto v. Slater.pdf/20

 course, the court would ensure such incompetent persons were adequately represented. The parties sought either redress in court as plaintiffs (but were not competent, and thus needed to be protected), or were pulled into court as defendants (and, thus, the court was required to ensure they were protected).

These circumstances do not exist here. Our question is whether a third-party (PETA) has next-friend standing—such that it can invoke the authority of this court—to stand in Naruto’s shoes and advance his claims. It is not a question of whether Naruto was properly protected or was brought into this litigation as a defendant. Unlike the cases cited, Naruto (1) did not file this case himself; and (2) is not a defendant. PETA and Dr. Engelhardt initiated this suit on Naruto’s behalf. As such, the cases cited by the Majority are simply inapplicable.

'''IV. Conclusion'''

The question of PETA’s next-friend standing was squarely before our panel. It was briefed and argued. By both coneluding that next-friend standing is nonjurisdictional and reaching the merits of the Copyright Act question, the Majority allows PETA (with no injury or relationship to the real party in interest) to sue on Naruto’s behalf, because it obtained legal counsel to allegedly represent Naruto. I cannot support this conclusion. Indeed, this case is a prime example of the abuse the Majority opinion would now allow. In 2011, Slater (a photographer) went to the Tangkoko Reserve in Indonesia and setup a camera. Naruto, a crested macaque, pushed the shutter. Slater and Wildlife Personalities subsequently included the photographs in a book published by Blurb. In 2015, PETA—with no evidence it has any relationship whatsoever to Naruto—brought the instant suit claiming that Slater, Wildlife Personalities, and Blurb had violated Naruto’s rights under the Copyright Act. PETA alleged that it “ha[d] a genuine concern for Naruto’s well-being and [was] dedicated to pursing his best interests in this litigation” and that it “ha[d] the financial and operational resources and the professional expertise to administer and protect Naruto’s copyright in the Monkey Selfies.” Compl. at 4. PETA sought, inter alia, a court order “[p]ermitting [PETA] to administer and protect Naruto’s authorship of and copyright in the Monkey Selfies.” Id. at 10.

PETA lost at the district court and appealed. When Dr. Engelhardt moved to be dismissed from the case, PETA twice affirmatively stated it would “fulfill the duties of a next friend.” Notice of Withdrawal of Next Friend Antje Engelhardt (May 4, 2016); see also Motion to Correct Caption (May 10, 2016) (“PETA shall remain responsible for maintaining this litigation and fulfilling the duties of a [n]ext [f]riend pursuant to Federal Rule of Civil Procedure 17(c).” (emphasis added) ).

However, PETA quickly changed its tune after oral argument. On September 11, 2017, PETA and Defendants moved to dismiss the appeal and vacate the lower court’s judgment. Joint Motion to Dismiss Appeal and Vacate the Judgment (Sept. 11, 2017). But, unlike a normal settlement, the purported plaintiff, Naruto, was not a party. “Dismissal with vacatur is just and proper where, as here, the Plaintiff [Naruto] is not a party to the settlement.” Id. at 1 (emphasis added). Rather, his purported next friend, PETA, settled its own claims: “the settlement resolves all disputes arising out of this litigation as between PETA and Defendants.” Id. (emphasis added). It remains a mystery to me what “claims” PETA (a non-party) could settle. Nevertheless, even though PETA only settled its own claims, it maintained that “the settlement also renders moot the appeal filed on behalf of the Plaintiff Naruto.” Id. Indeed, PETA went so far as to claim “[t]here is thus no longer any live case or controversy before this Court.” Id. at 3.

Though it had previously attested it would “fulfill[ ] the duties of a next friend,” PETA forgot its self-appointed role. “A ‘next friend’ does not [itself] become a party to the … action in which [it] participates, but simply

title: Page:Naruto v. Slater.pdf/20


title: Page:Tristram.djvu/65


text:
Page:Halek's Stories and Evensongs.pdf/263

 to himself, “Who knows whether the mayor will not select me to be a witness, and if not, what matters it? I shall be a witness all the same.”

Even the neighbours’ wives hurried after the neighbours into the court-yard. Only that here in the court-yard the male element detached itself from the female; the neighbours following the mayor up the staircase into the pension house, the neighbours’ wives remaining below in the court-yard.

In the meantime, that is to say, while Frank ran out on to the village green and the neighbours betook themselves to the pension house, Loyka’s son and Loyka’s son’s wife laid out the corpse of the defunct on the bed, and the following conversation passed between them.

“Thirty years have we carried hither his pensioner’s share of the crop, and at last we ourselves are free to enjoy the pensioner’s portion”, said Loyka’s wife.

“We have wronged him grievously”, said Loyka, the hospodar, and clasped his hands.

“We him! he us much more! It is pretty late in the day to call black white now that he is dead, when it was allowed to be black during all his lifetime.”

“He hath his dismissal; who knows what awaits us?”

“A pleasing spectacle, truly! to see you begin now to condemn what you approved for thirty years. We lay down a burden with him in the tomb; do not prevaricate, you know it as well as I do.”

“I would far sooner that I did not know it.”

“Oh! you men, you men! ye fear not the living, and as soon as their eyes are closed in death you grow timorous. Why should not I feel light-hearted to-day? I never feared him while he was alive. I tell him even now that he is dead-I feel the lighter for his loss. I should like to know the farm where they would not breathe free again when the pensioner on their bounty was taken from them, and such a one, too.”

“He was my father.”

“And went to law with you about every measure of his pensioner’s share of the harvest. He never wanted for anything, he had already laid by so much for himself, and he kept back from us enough for ten people to have lived upon, and then he went to law with his son.”

“But I lived with him before in peace and happiness, even now I feel sorry for it all.” Rh


text:
Page:Tempest (1918) Yale.djvu/76

The Tempest, IV. i And these fresh nymphs encounter every one

In country footing.

Pro. I had forgot that foul conspiracy

Of the beast Caliban, and his confederates

Against my life: the minute of their plot

Is almost come.—[To the Spirits.] Well done! avoid; no more!

Fer. This is strange: your father's in some passion

That works him strongly.

Mira. Never till this day

Saw I him touch'd with anger so distemper'd.

Pro. You do look, my son, in a mov'd sort,

As if you were dismay'd: be cheerful, sir:

Our revels now are ended. These our actors,

As I foretold you, were all spirits and

Are melted into air, into thin air:

And, like the baseless fabric of this vision,

The cloud-capp'd towers, the gorgeous palaces,

The solemn temples, the great globe itself,

Yea, all which it inherit, shall dissolve

And, like this insubstantial pageant faded,

Leave not a rack behind. We are such stuff

As dreams are made on, and our little life

Is rounded with a sleep.—Sir, I am vex'd:

Bear with my weakness; my old brain is troubled.

Be not disturb'd with my infirmity.

If you be pleas'd, retire into my cell

 138 footing: dancing

142 avoid: away!

144 works: affects

145 distemper'd: abnormal

146 sort: way

156 rack: cloud

title: Page:Tempest (1918) Yale.djvu/76


title: Page:Tristram.djvu/66


title: Page:Tristram.djvu/67


text: Page:Naruto v. Slater.pdf/21

title: Page:Naruto v. Slater.pdf/21


text:
Page:Halek's Stories and Evensongs.pdf/264

 “Don’t speak such words, peasant. Where do people ever treat their pensioners differently? What is given to the pensioner [vyminkar] is a lost thing to the farm, particularly if he has no need of anything, just as, in fact, your father had not.”

“You always deafen my conscience, wife.”

“Yes, when conscience tells thee to reckon five for nine. And when it dubs me an ambitious worldling—is that conscience?”

Such and similar remarks were made by this woman beside the corpse of the venerable centenarian, her father-in-law. The grave which generally closes the lips of slander had no such effect upon her.

Then her eyes fell on a small table which contained, as she was aware, a considerable amount of her late father-in-law’s property. She reconnoitred the small table, found a key in the drawer, pointed it out to her husband, and said well delighted, “You see we have the key in our hands; it will be ours; ours, too, will be all these savings and not that nasty Frank’s. And you would have let the boy stay and take it all.”

Her husband understood this hint, and stepped close to the table in order to assist his wife in her investigation, and also to see with his own eyes how much his father’s savings might amount to.

They had just not opened the drawer when they heard steps—many steps on the staircase. They listened, the little key remained in their hands just tapping against the table. At that moment entered the living-room of the pension house—the mayor, and after him almost all the neighbours.

Frank also had taken this opportunity to insinuate himself into his grandfather’s apartment, knelt again beside the corpse, and only called out, “Oh! grandfather! oh! grandfather!”

The mayor saluted, “Neighbour Loyka, may God console you. Look here; just read through what is written on this paper and then give that key in my hands.”

At these words the peasant woman grew pale, and almost trembled. “You see here, neighbours, a key in my hand. I should like to know who dares to say, “That key is mine.’”

“Certainly you dare not say so, my good gossip”, said the mayor sleekly. “Just wait until your husband has read through what I have given him.”

When hospodar Loyka had read his father’s last will and testament to the end, he went to his wife, tore the key out of her hand, and said, “Take it, my good gossip, the mayor!”


title: Page:Tristram.djvu/68


title: Page:Tristram.djvu/69


text: Naruto v. Slater

title: Naruto v. Slater


text: Naruto v. Slater/Opinion of Judge Smith

title: Naruto v. Slater/Opinion of Judge Smith


text:
Author:Wizlav von Rügen

Works

 * Loybere risen

title: Author:Wizlav von Rügen


title: Page:Tristram.djvu/70


title: Page:Tristram.djvu/71


text:
Author:Bettina von Arnim

Works

 * Nachtigall, dein edler Schall

title: Author:Bettina von Arnim


text: Page:The Chace - Somervile (1735).djvu/53