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WARBURTON v. WHITE(1900)
This case involves the title to a lot of land in the city of Tacoma, in the state of Washington. The pertinent facts presenting the controversy are as follows:
Prior to 1877, Eli G. Bacon and Sophia D. Bacon were husband and wife and citizens and residents of the then territory of Washington. In the year named, Bacon, the husband, with community funds, that is, with money acquired after his marriage with his wife, Sophia D. Bacon, purchased the real estate in question and took title thereto in his own name, the property being used as the residence of the husband and wife.
At the time of the purchase the laws of the territory of Washington provided, with reference to community or 'common' property, as it was termed in the earlier statute, as follows: By an act approved November 14, 1873 (Laws of 1873, Wash. Terr. p. 450), the property acquired after marriage by either husband or wife, except such as might be acquired by gift, bequest, devise, or descent, was declared to be 'common property,' and it was further provided that the husband should have the entire management and control of such property, [176 U.S. 484, 485] 'with the like absolute power of disposition as of his own separate estate.' There was also in force an act approved November 12, 1875 (Laws of 1875, Wash. Terr. p. 53), providing that upon the death of the husband or wife the whole of the 'community' property, subject to the community debts, should go to the survivor.
Subsequently to the purchase of the real estate in question, by an act approved November 14, 1879 (Laws of 1879, Wash. Terr. p. 77), it was, however, provided that one half of the community property should be suject to the testamentary disposition of the husband or wife, subject respectively to the community debts, and in default of such testamentary disposition that the share of the deceased husband or wife should descend to his or her issue, and if there was no such issue, should pass to the survivor. On July 28, 1880, Mrs. Bacon died intestate, leaving surviving her the following children, her only heirs at law, viz.: Matilda B. White and Amelia McDonald, two daughters by a first marriage, and Ellen T. Nelson, a daughter by the marriage with Mr. Bacon.
In August, 1892, twelve years after the death of his wife, Bacon became indebted to Stanton Warburton, plaintiff in error, and the latter recovered a judgment upon such indebtedness in April, 1895. Upon an execution issued on the judgment, a judicial sale was made on March 2, 1896, to Warburton of the interest of Mr. Bacon in the property in controversy; and-after confirmation by the court and the expiration of the time allowed by law for redemption-a deed was duly made to Warburton by the sheriff of Pierce county, Washington, on May 4, 1897. Twenty days thereafter Warburton instituted an action in the superior court of said Pierce county, against the aforementioned children and heirs of Mrs. Bacon, to quiet his title to said lot against alleged adverse claims of said heirs. A joint answer to the complaint was filed on behalf of all the defendants, setting up the facts as to the acquisition of the property by Bacon, the death of Mrs. Bacon intestate while the title to the community property was still in Bacon, and asserting that the defendants had an undivided interest therein as heirs of their mother. [176 U.S. 484, 486] Thereafter, on October, 12, 1897, Mrs. Nelson conveyed to the plaintiff whatever interest she had in the property. An amended answer was filed on behalf of the two remaining defendants, reiterating the main allegations of the former answer; setting up that the defendant, Amelia McDonald, for a valuable consideration, had sold and conveyed to her codefendant and sister, Mrs. White, before the commencement of the action, all her interest in said real estate; and it was prayed that the latter might be adjudged the absolute and unqualified owner in fee simple of an undivided one third of the property. A reply was filed to this amended answer, admitting that the lot in question was purchased with community funds, 'and that the said property became then and there the community property' of Mr. and Mrs. Bacon, and that Bacon still held title thereto on the decease of his wife.
The cause was heard by the court without a jury upon an agreed statement which embodied the facts above recited, and the additional fact that intermediate the purchase by plaintiff at the sheriff's sale and the purchase by him from Mrs. Nelson, Bacon had died intestate. Each of the prties submitted conclusions of law to be deduced by the court from the facts stated. To a proposition submitted for the defendant, upholding her claim to an undivided one-third interest in the property, the plaintiff duly excepted as follows:
The court decided as matter of law that the defendant Mrs. White was, as claimed by her, the owner of an undivded one-third interest in the property, and was entitled to a decree quieting her title thereto. From the decree thereupon entered, so far as it sustained the claim of said defendant, the plaintiff appealed to the supreme court of the state of Washington. That court affirmed the judgment and denied a petition for rehearing. 18 Wash. 511.1 A writ of error having been allowed, the cause is now here for review.
Messrs. Stanton Warburton, P. P. and Frederic D. McKenney for plaintiff in error.
Messrs. Charles S. Fogg and James Hamilton Lewis for defendant in error.
Mr. Justice White, after making the foregoing statement, delivered the opinion of the court:
The law of the territory of Washington approved [176 U.S. 484, 488] November 14, 1879, provided that in case of intestacy the share of the deceased husband or wife in community property should pass to the legal issue of the intestate, and in default of such issue should go to the surviving husband or wife, as the case might be. It is undoubted that if the decision of this cause is to be controlled by this enactment, there is no error in the record.
The error asserted is predicated on the claim that, under the laws of the territory of Washington existing at the time the property was bought, there was in fact no such thing as community property, since by those laws property bought during marriage with community funds was subject to the disposition of the husband as if it were his separate property, and he was entitled to the whole of the community property in case of the death of his wife before him. The effect of this state of the law in force at the time of the purchase, it is claimed, was in substance to make him the real owner of the property.
The argument is that if the provisions of the law of 1879, previously referred to, conferring on the husband or wife testamentary power to dispose of his or her interest in the community property subject to the community debts, and also providing that in case of intestacy such interest, subject to the debts aforesaid, should descend to the children of the deceased and should only pass to the survivor in default of issue, be given a retroactive effect so as to be operative upon property acquired before the act of 1879, the consequence will be to impair the obligations of the contract of purchase made by the husband, which is at issue in this case, and besides to deprive him of his property without due process of law. This, it is asserted, will be the necessary legal effect, since to cause the statute of 1879 to be operative upon community property bought by the husband before the enactment of that statute will be the equivalent of giving to one person the testamentary power to dispose of the property of another person, or in the absence of a will amounts to providing that the death of one person intestate shall transmit to the issue of such person property not owned by the deceased intestate, but which belongs to another and distinct living person. [176 U.S. 484, 489] It is manifest that this proposition rests upon the assumption that the act of 1873, which was in force when the property was bought by the husband with community money, made the property so bought solely and exclusively that of the husband, and hence that the wife had no community interest in it. This follows because if, under the act of 1873, the wife had a community interest in property bought with funds of that character, then the transmission of the wife's estate in accordance with the act of 1879, and contrary to the rule of descent provided by the act of 1875, in force at the time the property was purchased, cannot possibly bring about the consequences upon which the argument is based. The result just stated must be the case, since if, when the property was acquired, the wife had an interest in it, the mere change of the law or rule of inheritance existing when the property was bought would be lawful. Manifestly the proposition that the territory of Washington had a right to regulate both the power of testamentary disposition of property and the passage thereof in case of intestacy is too elementary to require more than mere statement.
The fallacy which is involved in the contention that under the laws in force at the time the property was bought by the husband, with community money, it became exclusively his, and that the wife had no community interest therein, is plainly demonstrated by a consideration of the import of the laws of Washington existing at the time the purchase was made, as construed both by the supreme court of the territory and of the state of Washington. To these adjudications we shall now refer.
The nature of common or community property within the territory of Washington, as such property was constituted by the act of 1873, and the operation of the act of 1879 upon property of that character acquired prior to the passage of the latter act, was considered in 1882 in the case of Holyoke v. Jackson, 3 Wash. Terr. 235, 3 Pac. 841. The question for decision in that case was whether, while the act of 1879 was in force, a husband could, without his wife joining, make a valid contract to sell community property acquired prior to 1879. In decid- [176 U.S. 484, 490] ing this question in the negative the court, in the course of the opinion, said (p. 238 Pac. p. 841):
In 1893, the supreme court of the state of Washington, in the case of Hill v. Young, 7 Wash. 33, 34 Pac. 144, considered the nature of common or community property under the act of the territory approved December 2, 1869, defining the rights of husband and wife. The provisions of the acts of 1869 and 1873, it may be added, were identical, the act of 1869 having been repealed by an act passed in 1871. The suit was for partition [176 U.S. 484, 491] of land which had been acquired by a husband with community funds, while the act of 1869 was in force. The husband still held title to the community property in 1883, when the wife died, leaving a child and her husband surviving. It was contended that the power to dispose of the common property conferred by 2 of the act of 1869 upon the husband was a vested right which could not be taken away by any subsequent statute. Replying to this contention, the court said (p. 38, Pac. p. 145):
In the subsequent case of Mabie v. Whittaker, 10 Wash. 656, 39 Pac. 172, the provisions of the law of 1869 were again considered. Land had been purchased on August 10, 1871, by one Mabie, with community funds, during the existence of the act of 1869. While Mabie held the legal title, the legislature repealed the act of 1869, and on November 29, 1871, and act was approved which, in 12, provided that the husband should have the management of all the common property, but should not have the right to sell or encumber real estate without the joinder of his wife. By 22 it was provided that common property should be partnership property, and that the share of the wife should be one half thereof, and should be to [176 U.S. 484, 492] her and her heirs forever. On October 25, 1874, after the death of his wife leaving issue, Mabie executed a deed purporting to convey all of the land to one Hallett. Ejectment was brought by the surviving child to be let into possession of the land as tenant in common, etc. It was contended for the defendants, that whatever the nature of the interest of Mrs. Mabie in the land, the right of Mabie under the act of 1869, in force when the land was purchased and title taken by Mabie, to convey the entire title, could not be impaired by subsequent legislation. The court, however, said ( p. 658, Pac. p. 173):
In the course of the opinion, discussing and overruling a further contention, based upon the common law, that Mabie and wife held the land in question as joint tenants with a right of survivorship, the court said ( p. 659, Pac. p. 173): [176 U.S. 484, 493] 'The act of 1869 did not fix the status of such property, other than to declare it to be common property, and made no provision for its descent. Nor was there at that time, nor for some time thereafter, any express legislative recognition of estates in joint tenancy.
... * *
Next discussing the proposition that a partnership was not a joint tenancy, the court, after calling attention to the fact that by the act of 1871 provision was made for the descent of the wife's share in community property, thus cutting off the husband's right of succession as survivor, concluded on that branch of the case as follows (p. 662, Pac. p. 175):
The rule announced in the foregoing cases was reiterated in the opinion delivered in the case at bar, it being held that Bacon did not become the sole owner of the property in question by the purchase in 1877, but that it became and continued community property so long as the community existed, and that the descent of such property was subject to regulation at will by the legislature.
Now, it cannot in reason be denied that the decisions from which we have just quoted held that the purpose of the legislature of Washington, whether territorial or state, in the creation of community property, was to adopt the features essentially inhering in what is denominated the community system-that is, that property acquired during marriage with community funds became an acquet of the community and not the sole property of the one in whose name the property was brought, although by the law existing at the time the husband was given the management, control, and power of sale of such property. This right being vested in him, not because he was the exclusive owner, but because by law he was created the agent of the community. The proceeds of the property when [176 U.S. 484, 495] sold by him becoming an acquet of the community, subject to the trust which the statute imposed upon the husband, from the very nature of the property relation engendered by the provision for the community.
The argument of the plaintiff in error then comes to this: That although the statutes of the territory of Washington, which were continued in force within the state on the organization of the state government, have been construed by the state court contrary to the view now urged upon this court, nevertheless this court should disregard such judicial construction and treat the statutes as conferring rights which the highest tribunal of the state has held never arose from them. It is claimed that where a contract is asserted to have been impaired by a subsequent statute it is the duty of this court to determine for itself the nature and extent of the contract, where the subsequent legislation has been by the decision of the court held operative upon or enforced against the alleged contract rights. The doctrine is elementary, but the principle which it embodies is subject to a well-settled qualification, which is, that where it is asserted that a contract has been entered into on the faith of the state laws, existing at the time when it was made, the construction of such laws, which was settled at the time of the making of the contract, by the court of last resort of the state, will be adopted and applied by this court in considering the nature of the contract right relied upon. This rule, however, it is argued, is not applicable in this case, because it is said that all the decisions of the supreme court of Washington referred to were announced since the contract of purchase by the husband was made, and therefore the interpretation, which these decisions expound, cannot be considered as having entered into and formed a part of the contract, since they were not in existence when the contract was made. From this it is argued that the decisions in question do not, therefore, relieve this court of the duty of interpreting for itself, as a matter of first impression, the laws of the territory or of the state of Washington which are here involved, and upon the faith of which, it is asserted, the obligations arising from the contract took being.
While, abstractly considered, the proposition is conceded, it [176 U.S. 484, 496] is not apposite to the controversy here presented. The rule is subject to a limitation which is, that where state decisions have interpreted state laws governing real property or controlling relations which are essentially of a domestic and state nature, in other words, where the state decisions establish a rule of property, this court when called upon to interpret the state law will, if it is possible to do so, in the discharge of its duty, adopt and follow the settled rule of construction affixed by the state court of last resort to the statutes of the atate, and thus conform to the rule of property within the state. It is undoubted that this rule obtains, even although the decisions of the state court, from which the rule of property arises, may have been for the first time announced subsequent to the period when a particular contract was entered into. Burgess v. Seligman, 107 U.S. 20, 34 , 27 S. L. ed. 359, 365, 2 Sup. Ct. Rep. 10; Miller v. Ammon, 145 U.S. 423 , 36 L. ed. 761, 12 Sup. Ct. Rep. 884.
Applying the principle just stated to the case before us, we feel no hesitation in construing the contract of purchase, which is here in question, in accordance with the nature and extent of community property, as settled by the decisions of the supreme court of Washington, interpreting the laws which were in existence when the purchase was made. Obviously, the reasoning of the plaintiff in error, upon which the assumption that community property bought during the existence of the act of 1873 was solely the property of the husband involves not only a contradiction in terms, but invokes at the hands of this court, in order to overthrow the rule of property in the state of Washington, an interpretation of the statutes of that state which is not only confusing, but self-destructive. It cannot be doubted, under the text of the act of 1873, the property relations of husband and wife were controlled by what is demominated the community system, and that in consonance therewith the statute referred to treated property acquired during marriage with community money as community or common property. Although this is patent, the argument is that the provision in the statute giving the administration and disposition of the community property to the husband operated to destroy the community system and render it impossible, under the statute, for community or common property [176 U.S. 484, 497] to exist. In other words, the interpretation relied upon asked us to say that because of a provision which simply pointed out how common property should be administered, it resulted that there was no common property to be adminstered. This would be but to declare that the statute brought about a result which was contrary to its express language, providing for the existence of the community system. It is a misconception of that system to suppose that because power was vested in the husband to dispose of the community acquet during marriage, as if it were his own, therefore by law the community property belonged solely to the husband. The conferring on the husband the legal agency to administer and dispose of the property involved no negation of the community, since the common ownership would attach to the result of the sale of the property. As the property in question had not been sold by the husband, but on the contrary was held by him at the date of the death of the wife, no question is presented on this record of the nature and scope of his authority during the existence of the marriage, and we intimate no opinion on that subject.
We have been cited to a decision of the supreme court of California ( Spreckels v. Spreckels, 116 Cal. 339, 36 L. R. A. 497, 48 Pac. 228), construing an act somewhat similar to the Washington act of 1873, which it is claimed is in conflict with the views enunciated by the courts of Washington in determining the proper construction of the statute of 1873 and the nature of an estate vested in a husband by virtue of that act. But the case referred to involved only the validity of the exercise by a husband, during the existence of a community, of the power of dominion and control over the community property, and the right of the legislature to modify such authority and control with respect to prior acquired community property. We are therefore unable to perceive the pertinency of that decision to the question arising for determination on this record, and we need not therefore review or consider it.
There being no error in the judgment of the Supreme Court of the State of Washington, that judgment is affirmed.
[ Footnote 1 ] 52 Pac. 233, 532.


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Grace Chan, Ben Smith: Building An Online Community Is Hard Work
We have seen it all. We've seen entrepreneurs set out to build loyal communities for newly minted products only to forget that they are more than just sales assets.
We have seen self-directed, self-driven developer communities outlast the products they grew up around, such as the one for Delphi, which survived Borland's decision to sell the development tool in 2008. These communities support, extend and champion products more than any company ever could.
We've seen products built to enable active communities, like Stack Overflow for software queries or LinkedIn for business professionals.
Picture-sharing sites, such as Flickr, enable communities to do things they never could do efficiently before. Communities like these always seem to beat out better, more user-focused products. Flickr, for example, and Instagram crushed technically more sophisticated products, including Bellamax.
Community sites, such as Facebook and even MySpace, made short work of better personal website tools, like Homestead.
Communities can be among a company's most potent marketing assets, yet among the most difficult to manage. People say they want one without knowing how to build it, exactly why it is valuable or the lengths they need to go to protect it.
Our early efforts at Spoke led us to invest in algorithms to encourage community development, while Jim Fowler at Jigsaw build a community to grow his dataset. With a $142 million exit to Salesforce.com under its belt, it is hard to argue with the value Jigsaw created through community building.
Later at MerchantCircle, we often saw people try to duplicate what we were building. Industry analysts and investors constantly were surprised when they dropped by to find a small team of 40 people running MerchantCircle. That was because we were not really building our community; merchants from all over the country were building it. We were simply building tools and searching for ways to enable people to do what they had always wanted to do. In doing so, we were able to connect local consumers to these merchants.
At MerchantCircle, we made a conscious decision to do a few things to support our community:
- We put in place a community team with people who were advocates for the merchants and who were their passionate supporters. Robyn Hannah, our head of community, spent late hours coaching merchants on much more than just how to use the service. In doing so she inspired the community.
- We put in place a commitment that every time we pushed out new products we included 10 things merchants requested. We gave merchants with the product ideas credit in the eyes of the rest of the community.
- We established roles for leaders of the community. We listened to them closely and had them out to meet with the engineering team a few times a year.
- We tried to put the merchants first in any decision, made them the center of our discussions and highlighted active merchants with credit that went throughout the community.
As an entrepreneur setting out to build a community, remember that you can build a product to enable a community or you can build a community to embrace a product. Both are powerful and tough-to-build assets. Once you have decided which way to go, here are five things to consider.
- The community is always right. It wants to accomplish something, whether it is Delphi or VMware developers who work to build great software or craft hobbyists on Etsy. What the community wants to accomplish is what matters.
- Communities need leaders. As long as we can remember, David "I" Intersimone has led the Delphi community. He has been the advocate for the community through about eight CEOs assigned to "run" the Delphi product. David has always had one goal: supporting the community and the leaders that emerged.
- Communities are assets. They cannot be treated like things to be mined every quarter. They have to be nurtured and protected. This means making tough tradeoffs to protect them from quarterly goals.
- Community members are not always right. As the community grows, early community members will fight change, bad actors will abuse the community and people will seek to control rather than lead community members.
- Communities cannot be copied readily. No matter how great your new product is, you will have a hard time convincing community members to jump ship from an old product and the community they helped build, as long as the product is still being supported.
At MerchantCircle, we tried to build a community of local merchants. In some cases we knew what we were doing and in many cases we messed up. In the end, the community was the core of what we kept coming back to.
As you build your community, remember you are building it for them, not for you.
(Grace Chan (pictured above) has worked in product and marketing at MerchantCircle, Yahoo!, and HotJobs. Ben T. Smith, IV (pictured top) is a serial entrepreneur, investor, and advisor to technology and media companies. He the co-founder of MerchantCircle.com and Spoke.com, and a former partner at A.T. Kearney. Ben is available on btsiv.com)
via Grace Chan, Ben Smith: Building An Online Community Is Hard Work | peHUBpeHUB.
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subset: commoncrawl


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Premier Christy Clark and cabinet ministers met with hundreds of aboriginal leaders from around B.C. Wednesday and Thursday in their second annual session, with social issues and energy projects high on the agenda.
Aboriginal Relations Minister John Rustad opened the two-day event with an announcement that Grand Chief Ed John of the First Nations Summit has been appointed a senior advisor on aboriginal child welfare. A lawyer and former children and families minister, John has a six-month appointment to look at reasons why one out of seven aboriginal children in B.C. are taken into government care at some point in their childhood.
Education Minister Mike Bernier released the government's new teaching guide, called "Aboriginal Worldviews and Perspectives in the Classroom."
The guide was developed with input from First Nations, Metis and school district leaders, teachers, support staff and post-secondary institutions. It advises teachers to use contemporary history sources, preferably with involvement of aboriginal contributors.
It advises teachers to "avoid reliance on colonial-era secondary sources (i.e. 20th century and earlier texts and resources)" when discussing topics involving aboriginal people, and contains a section on dealing with racism.
Northern B.C. leaders came to the meeting with a demand for greater consultation and scrutiny on energy projects, with disputes over the Petronas-led liquefied natural gas project at Prince Rupert, the Site C dam that has started construction on the Peace River and oil and gas pipeline proposals.
Fort Nelson First Nation Chief Liz Logan and nine other chiefs presented a letter to Clark calling on the province to recognize aboriginal laws and treaties such as Treaty 8, signed in 1899 to protect traditional hunting and fishing in northeastern B.C.
Logan pointed to what she calls a precedent-setting decision by B.C.'s Environmental Appeal Board this week, cancelling a water licence issued to Nexen Inc. in 2012 for water from a small lake to use in hydraulic fracturing operations in the Horn River Basin.
"The company pumped water out of the lake, even during drought conditions," Logan said. "There were major impacts on the lake, fish, beavers and the surrounding environment."


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Toyota studying larger Prius people-haulerFri, 20 May 2011
Toyota's Prius family could continue to grow, literally, as the automaker studies an additional version of the popular hybrid that carries three rows of seats.
The three-row Prius would not be the same vehicle as the Prius Alpha sold in Japan, which basically crams a third row of seats into the cargo area of the five-seat Prius V to be sold in the United States starting this fall.
To the contrary, this potential Prius would be large enough to hold seven people as well as their stuff, said Bob Carter, Toyota Division general manager.
While Carter said "there is nothing in the hopper" regarding the proposed vehicle, he said the concept is being seriously studied--which in Toyota-speak means it could likely happen.
The Japanese automaker wants to sell 1 million hybrid models a year.
In early 2012, Toyota will launch two more Prius family members--the Prius C compact hybrid vehicle and the Prius plug-in hybrid vehicle.
Toyota is taking two paths down the hybrid trail: the dedicated Prius platform, and optional hybrid variants of existing vehicles such as the Camry.
Carter said the three-row Prius would have to come from a dedicated hybrid platform, have the Prius' aerodynamic shape, get at least 40 mpg and have a strong value-price equation.
However, research and development costs for other hybrid vehicles are tugging at Toyota's purse strings. In the next 20 months, 10 new or redesigned hybrids will be introduced in Toyota's global portfolio.
Ben Mitchell, Toyota's corporate manager of product planning, confirmed that his team is studying multiple new hybrid segments.
In looking at the possibility of a seven-person Prius hybrid, Mitchell said that Toyota's already-stretched hybrid engineering team could also be used to create hybrid versions of the Sienna minivan or Venza crossover.
"It's a fight for resources right now," Mitchell said.
By Mark Rechtin- Automotive News


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GateHouse Media part of appeal to DA's denial of records request in Remy case
The Waltham News Tribune and its parent company GateHouse Media, also the parent company of the Taunton Daily Gazette and the Herald News, on Wednesday appealed the Middlesex District Attorney's denial of a Public Records Law request for details about murder suspect Jared Remy's previous assault case.
The public records request, filed by the News Tribune Jan. 8, asked Middlesex DA Marian Ryan for a complete copy of an independent review done on her office as it related to the release of Remy — son of Boston Red Sox broadcaster Jerry Remy — at his Aug. 14 arraignment in Waltham District Court.
Ryan's office denied the request Jan. 13, citing the fact the investigation into Jennifer Martel's murder is ongoing. News Tribune Publisher Chuck Goodrich and GateHouse Media, the News Tribune's parent company, decided to appeal the DA's decision to deny.
In the appeal, GateHouse lawyer Michael Grygiel wrote, "Hiding behind conclusory generalities, the DA's contention that the investigatory exemption applies here lacks any merit whatsoever. It should be rejected, and the full report should be disclosed immediately.
"…Releasing the report, which concerns the reasons the DA recommended Mr. Remy's release, will not frustrate the purpose of the CORI statute, which was enacted to protect criminal defendants rather than to give government agencies a convenient vehicle for withholding public records."
Goodrich echoed Grygiel's words, saying the document would help serve as a window into what went wrong.
"We feel strongly that the public deserves a complete explanation of why Jared Remy was released, particularly in view of the tragedy that followed so soon afterward," Goodrich said.
Remy was arrested on Aug. 13 in Waltham and charged with assaulting his then-girlfriend Jennifer Martel. He was released without bail the next day on his own recognizance, but was arrested again the following night and charged with murdering Martel at their Waltham home.
Ryan and her office came under heavy criticism following the killing when reports came out about Remy being released on Aug. 14. No stranger to the courts, Remy, before the murder charge, had 15 prior criminal complaints since 1998, according to court documents. The complaints included eight charges of assault and battery with a dangerous weapon and three assault and battery charges. In 2003, Remy was charged with assaulting and threatening to kill a previous girlfriend.
Ryan, in response to criticism, commissioned an independent review of Remy's Aug. 14 arraignment on the assault charge, which was conducted by Norfolk First Assistant District Attorney Jeanmarie Carroll and former Essex DA Kevin M. Burke.
The review was released to the public on Dec. 3 as a five-paragraph executive summary. Given the circumstances and severity of the situation, Goodrich, the News Tribune and GateHouse Media are calling on Ryan to release the entire review.
"The stonewalling and lack of transparency from the DA's office is unacceptable coming from our public servants, particularly in an election year," Goodrich said.
Ryan was appointed district attorney in 2012 after former DA Gerry Leone left the job to enter the private sector. Ryan's seat is up for election this year.
In a statement released Wednesday afternoon, Ryan said information was withheld because the case is still open, she wanted to protect the family of Martel and she wanted to ensure "a fair and impartial prosecution for her death."
"Information in the report is precluded from disclosure under Criminal Offender Record Information laws, which prevent law enforcement from disseminating information to the public that may prejudice a fair trial," Ryan said. "We have disclosed the summary of the report and made ourselves and the author of the report available to take direct questions to provide the public with insight about the findings of the independent review without violating our professional obligations in this case."
The report cited weakness in the DA's supervision of domestic violence cases at the pre-arraignment stage, but because Ryan commissioned the review, she has custodial control over its findings. A similar records request was sent to Carroll, but all inquiries were referred to Ryan.
In the DA's denial of the News Tribune's request, Assistant District Attorney KerryAnne Kilcoyne — who deals with all public records requests — told the newspaper the report contained information that "directly relates to an active and open criminal case." She said the disclosure of the records would be "presumptively prejudicial to effective law enforcement and prosecution and may reveal the Commonwealth's case prior to trial."
In the appeal, Grygiel argued against these exemptions cited by the DA's Office.
"First, the report does not appear to involve any information that could possibly compromise the Commonwealth's criminal case against Mr. Remy. Indeed, the report is an internal investigation of the DA's decision-making process concerning Mr. Remy's assault and battery charge two days before the alleged murder," Grygiel wrote. "Based on the DA's own description of the report, its contents have little, if anything, to do with whatever criminal investigation may still be 'active and ongoing.'"
Remy's murder trial is scheduled to begin in October in Middlesex Superior Court.
Following the DA's denial to the News Tribune, Boston Globe columnist Joan Vennochi also filed a public records request, according to her Feb. 2 column.
GateHouse Media and the News Tribune sent the appeal to the state's Supervisor of Records in Secretary of State William Galvin's Office.
"We will continue to pursue our options to have the report made public, and are confident that the law is on our side," Goodrich said.


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Charleston, WV - March 27, 2013 - West Virginia Senate Majority Leader John Unger, (D-Berkeley), announced that the Select Committee on Children and Poverty has originated a bill creating the West Virginia Feed to Achieve Act.
"The West Virginia Feed to Achieve Act commits us to making sure no child in West Virginia goes hungry," said Senator John Unger, Chairman of the Select Committee, "From birth to eight years of age is the most crucial time in child development, and this bill will provide essential nutrition to young children."
The legislation brings together the State Board of Education, State Department of Agriculture and State Department of Health and Human Resources in order to increase student participation in nutritious, lunch and breakfast programs. The bill will also maximize the access to available federal funds, while providing a way for individuals, communities and businesses to contribute funds which would be used exclusively to purchase food for children.
"Last school year, only about 36% of students participated in school breakfast programs and only about 65% of students participated in school lunch programs statewide," said Unger, "These numbers should be a cause for alarm. Research shows that children who eat breakfast have increased standardized test scores; improved attendance; reduced tardiness; improved academic, behavioral and emotional functioning; and are less likely to become obese. If we want to have student achievement that leads to a healthy workforce, it must start here and right now with healthy students."


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dōTERRA is of Latin origin and means
"Gift of the Earth."
doTERRA Europe's Monthly Promotions allow you to experience a range of doTERRA products. With a FREE product of the Month, and a different product at 10% off each month, this page is a one-stop shop to get all the details of our current promotions!
To learn more about this months exciting promotions, click here.
If you need assistance or have any questions about promotions, please contact Member Services Contact Us


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Hi. Happy Monday! I have something to tell ya.
The last eight years, five months, two days, seventeen hours, forty-nine minutes, and seventeen seconds (give or take 304,000 years) has been an incredible experience for me. After all, it was *whatever length of time I just said* ago that I started this blog, and it would be impossible for me to adequately convey to you what the last several years have meant to my family and me. Again: It's been an incredible experience, and a huge part of that has been because of you. Thank you for being so supportive, for dropping by and reading my blog through the years, and for sticking with me during the times I have posted photos like this:
And this:
And this:
Incidentally, have I ever told you about the time I first posted this photo? I think I probably have, but I'll tell you again: It wasn't long after I started my blog in 2006, and as soon as my mom saw that I'd posted it, she called me and pleaded "REE! TAKE THAT PICTURE OFF THE INTERNET!"
But it wasn't because I was wearing Shrink-to-Fit Levi 501 jeans.
It wasn't because of my embarrassing first-day-of-school stance.
(Yes, this is the outfit I selected for the first day of school. Is there a problem?)
It wasn't because I was wearing a red polo shirt under a sleeveless t-shirt that read "Teen Angel" on the front.
It wasn't because I actually considered this a legitimate thing to wear.
It was because of the copper jello molds my mom had hanging on our kitchen wall.
(It's okay, Mom! Everyone was doing it!)
Anyway, the reason I'm taking this little trip down memory lane and getting sappy on a Monday morning is not that I'm getting ready to celebrate a blog anniversary.
It's not that I'm getting ready to retire. Ha.
It's not that I'm hormonal. (At least I don't think I'm hormonal.)
It's that I want to provide a little context for why I'm getting ready to announce this news here on Confessions of a Pioneer Woman and not on PW Cooks or PW Home and Garden. It's because this section of my website is the original blog, and it's been part of things since the beginning.
The announcement I want to make, once I stop talking things to death, which I'm really good at, as you may have noticed (ha), is that next fall, around September 2015, I'll be coming out with a Pioneer Woman line of kitchen, cooking, and dinnerware products!
I can't tell you how excited I am. Bowls, whisks, pots, pans, wooden spoons, plates, knives, measuring cups, and pitchers are my life, and I'm working with a great company that has turned out to be the perfect match for what I want to do. They totally get me and my weirdness, and they want me to be obsessively involved with each and every piece to make sure they're all pretty, practical, functional…and totally groovy. And best of all, this is something I can largely work on from the ranch, where I'll eventually be using all the stuff myself anyway…and that's pretty much my criteria: I want every single piece to be something I myself would drool over.
I'll say it again: I'm very, very excited. I'll keep ya posted about the behind-the-scenes progress from time to time, and all the fun details (what, where, when) as they unfold, but I just wanted to tell ya the news now!
I haven't yet decided if there will be copper jello molds in the Pioneer Woman product line.
But I'll keep you posted on that, too. Ha.
Lots of Love,
UPDATE: Thank you all so, so much for your kind comments. Made me even more excited about starting to design the products. Thank you! xoxoxoxoxoxoxoxo


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With EEA-Lex you can find information about proposed EU legal acts with possible EEA relevance, adopted EU acts under consideration for incorporation into the EEA Agreement, and acts that have already been incorporated into the Agreement.
Searching in English gives the widest results. You can refine your research results by using the categories in the right-hand column.
Council Regulation (EEC) No 311/76 of 9 February 1976 on the compilation of statistics on foreign workers
Verordnung (EWG) Nr. 311/76 des Rates vom 9. Februar 1976 über die Erstellung von Statistiken über ausländische Arbeitnehmer
Disclaimer: EEA-Lex is provided for information purposes only. The information is not guaranteed or promised to be current or complete and is not intended to replace any applicable legal sources.


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The first steps are important for both you and your kid. And the first shoes are important for the feet.
Our designs withstand the way modern kids live and play today and you can find the right beginner shoes for your kid here in the Official ECCO® Online Store.
No matter if you are looking for the first shoes - or shoes for your teen - you can find them here.
You always get free delivery and returns.
Learn more about materials, innovation and technology we use for our shoes, bags and accesories at ECCO GROUP, or visit our global website. Or else, happy shopping!


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Air Pollution
How Do We Cause Air Pollution?
We cause air pollution directly through our use of electricity, fuels, and transportation.
We also cause air pollution indirectly, when we buy goods and services that use energy in their production and delivery. Most of this air pollution we cause results from the burning of fossil fuels, such as coal, oil, natural gas, and gasoline to produce electricity and power our vehicles.
Carbon dioxide (CO2) is a good indicator of how much fossil fuel is burned and how much of other pollutants are emitted as a result. Using carbon dioxide as an example, the average family in the United States causes air pollution in the following ways:
How Much Air Pollution Do We Cause?
An average family in the United States causes the following amounts of air pollution each year:
Climate Change Pollution (CO2) = 85 Tons
Find out how much pollution is caused by your household electricity use with the Cleaner and Greener Pollution Calculator.
And each year, the average individual in the United States causes the following amounts of air pollution:
Climate Change Pollution (CO2) = 27 Tons
That's a LOT of pollution!!
The following table summarizes some sources and effects of these air pollutants.
Sources and Effects of Common Air Pollutants
Anthropogenic Sources
Health Effects
Environmental Effects
Secondary pollutant formed by chemical reaction of VOCs and NOx in the presence of sunlight.
Breathing problems, reduced lung function, asthma, irritates eyes, stuffy nose, reduces resistance to colds and infections, premature aging of lung tissue.
Damages crops, forests, and other vegetation; damages rubber, fabric, and other materials; smog reduces visibility.
Nitrogen Oxides (NOx)
Burning of gasoline, natural gas, coal, oil.
(Cars are a major source of NOx.)
Lung damage, respiratory illnesses, ozone (smog) effects.
Ozone (smog) effects; precursor of acid rain which damages trees, lakes, and soil; aerosols can reduce visibility.
Acid rain also causes buildings, statues, and monuments to deteriorate.
Carbon Monoxide (CO)
Burning of gasoline, natural gas, coal, oil.
Reduces ability of blood to bring oxygen to body cells and tissues.
Volatile Organic Compounds (VOCs)
Fuel combustion, solvents, paint.
(Cars are a major source of VOCs.)
Ozone (smog) effects, cancer, and other serious health problems.
Ozone (smog) effects, vegetation damage.
Particulate Matter
Emitted as particles or formed through chemical reactions; burning of wood, diesel, and other fuels; industrial processes; agriculture (plowing, field burning); unpaved roads.
Eye, nose, and throat irritation; lung damage; bronchitis; cancer; early death.
Source of haze which reduces visibility.
Ashes, smoke, soot, and dust can dirty and discolor structures and property, including clothes and furniture.
Sulfur Dioxide (SO2)
Burning of coal and oil, especially high-sulfur coal; industrial processes (paper manufacturing, metal smelting).
Respiratory illness, breathing problems, may cause permanent damage to lungs.
Precursor of acid rain, which can damage trees, lakes, and soil; aerosols can reduce visibility.
Acid rain also causes buildings, statues, and monuments to deteriorate.
Combustion of fossil fuels and leaded gasoline; paint; smelters (metal refineries); battery manufacturing.
Brain and nervous system damage (esp. children), digestive and other problems. Some lead-containing chemicals cause cancer in animals.
Harm to wildlife and livestock.
Fossil fuel combustion, waste disposal, industrial processes (incineration, smelting, chlor-alkali plants), mining.
Liver, kidney, and brain damage; neurological and developmental damage.
Accumulates in food chain.
Health Effects of the Pollution We Cause
Exposure to emissions of lead, mercury, sulfur dioxide, particulate matter, carbon dioxide, and ozone-forming nitrogen dioxides are hazardous to public health. Toxic compounds, like mercury and lead, poison organ systems and can lead to brain damage and death. In parts of the country where lakes and waterways have been contaminated with mercury from electric power plants, fish are no longer safe to eat because they, too, are contaminated with heavy metal pollutants. Other pollutants, like ozone and particulate matter, cause respiratory and other health problems, particularly in children and the elderly.
Climate change on a global scale has been attributed to increased emissions of carbon dioxide (CO2), a greenhouse gas. A global average temperature rise of only 1C could have serious implications. Possible consequences include melting of polar ice caps; an increase in sea level; and increases in precipitation and severe weather events like hurricanes, tornadoes, heat waves, floods, and droughts. Indirect effects include increases in infectious disease, weather-related deaths, and food and water shortages. All these effects put a stress on ecosystems and agriculture, and threaten our planet as a whole.
Other atmospheric effects of air pollution include urban smog and reduced visibility, associated with ozone-forming nitrogen oxides and volatile organic compound emissions. Sulfur dioxide and nitrogen oxides combine with water in the atmosphere to cause acid rain, which is detrimental to forests and other vegetation, soil, lakes, and aquatic life. Acid rain also causes monuments and buildings to deteriorate.
The effects of air pollution on human health and the environment have economic impacts. According to the Healthy People 2000 report [5], each year in the United States:
- The health costs of human exposure to outdoor air pollutants range from $40 to $50 billion.
- An estimated 50,000 to 120,000 premature deaths are associated with exposure to air pollutants.
- People with asthma experience more than 100 million days of restricted activity, costs for asthma exceed $4 billion, and about 4,000 people die of asthma.
The Environmental Defense Fund (EDF) article, "Why is it Better to Buy Green Electricity?"[1], states that acid rain causes $6 billion a year in damage to crops, forests, lakes, and buildings. The potential economic impact of global warming is estimated to be in the billions of dollars. While green sources of electricity may cost more, they do not incur the external costs of traditional fossil fuel-based generation. The EDF article states that:
"Increasing reliance on green sources reduces financial risks such as future regulations, taxes on greenhouse gases, and price fluctuations associated with fossil fuels. Green resources increase U.S. energy self sufficiency, and thus economic security, by reducing reliance on fossil fuel imports. They also help reduce current rapid depletion of natural resources.
Green resources are a good source of jobs and income because they rely on local labor, land, and resources. Rural communities would probably benefit the most from renewable energy development, as wind and biomass energy production is likely to take place in rural areas."
What You Can Do
There are many actions people of all ages can take to reduce their emisisons. To learn more, read the checklist of things you can do in your home and in your school in the Cleaner and Greener Program's "Guide to Air Pollution and the Emissions We Cause." If we all work together, we can make the world a cleaner and greener place to live! Green Marketing and websites provided by Custom Creative


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Eruption in Egypt. What is the impact of the country's unrest on U.S. security?
Joint Chiefs Chairman Gen. Martin Dempsey joins us in an exclusive, wide-ranging interview on world hot spots and the U.S. military.
A look at who's really in charge in Egypt and the fate of NSA leaker Edward Snowden with the chairman of the House Select Committee on Intelligence, Rep. Mike Rogers (R-MI).
And the very latest from on the ground in Egypt and insight into what may be next for the country from CNN's Christiane Amanpour, Fareed Zakaria.
Plus in the 12pm ET hour, former U.S. Ambassador to Egypt Ned Walker, former National Intelligence Director John Negroponte and Middle East analyst Shibley Telhami join us to discuss the ongoing situation in Egypt.
Sunday at 9a & 12p Eastern.
Watch a sneak peek of what he said about the situation in Egypt and watch the full interview Sunday at 9am and 12pm ET.


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About this paper
The benefit of high-quality data is certainly not lost on most organizations today. Yet for many organizations, their search for data-driven insights begins and ends with structured data. However, unstructured data represents an opportunity to tap into new knowledge.
In fact, unstructured data is estimated to make up to 90 percent of the digital universe. That's a lot of unrealized potential.
Based on results from an IDG Research Services study, this paper explores how organizations are leveraging unstructured data – and what they must avoid.
About SAS
SAS is the leader in analytics. Through innovative software and services, SAS empowers and inspires customers around the world to transform data into intelligence. SAS gives you THE POWER TO KNOW®.
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Williams leads Nets past Hawks
Atlanta, GA – Deron Williams followed up his amazing effort from Friday night with a 17-point night Saturday, as the Brooklyn Nets snapped an eight-game road losing streak to the Atlanta Hawks with a 93-80 victory at Philips Arena.
Williams' performance came one night after he buried an NBA-record nine 3- pointers in the first half and finishing 11-of-16 from beyond the arc overall, on the way to 42 points in a 95-78 home win over Washington.
Brook Lopez ended with 18 points and nine rebounds, and Andray Blatche also scored 18 for the Nets, who won their third in a row.
"Our shots really started falling," Lopez said. "I missed a few easy ones in the first half, but I got some good looks and our guys set some good screens for me."
Al Horford had 15 points and 12 rebounds for the Hawks, who lost for the fifth time in six games. Josh Smith finished with 12 points, two ahead of teammates Johan Petro and John Jenkins.
"It would have been really easy to go into our locker room after the game and start ranting and raving about our performance tonight," Hawks coach Larry Drew said. "Very early in tonight's game I sensed our team was not very energized. Our success is predicated upon whether or not we come out with energy. I kind of sensed what we've been going through the last two or 2 1/2 weeks caught up with us tonight."
The big difference in the game was the second quarter, when the Nets held a 28-14 scoring advantage. Atlanta went 7-of-23 from the field in the period.
The teams were tied at 23 after 12 minutes, but the Nets had to bounce back after the Hawks scored 11 of the game's first 12 points.
A 3-point shot from Mirza Teletovic opened a 39-29 difference midway through the second quarter. Williams sank a 3-point shot in the closing minute of the half.
The Nets were ahead by as many as 21 in the third quarter and entered the fourth with a 76-57 cushion. The margin reached 23 early in the final stanza, and Atlanta never threatened in the last 12 minutes.
Game Notes
The Nets are 28-12 against the Eastern Conference ... This was the Nets' first win in Atlanta since Nov. 15, 2008 ... The Hawks committed 17 turnovers, which led to 20 points.


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GLENWOOD SPRINGS — Even in land-locked Colorado, Memorial Day served as a day at the beach for folks across the state.
High water in rivers statewide brought out the adventurous and encouraged others to take a more cautious approach and enjoy the views from dry land as the potential hazards of swift and surging currents began to reveal themselves at the start of what is expected to be a banner year for snowmelt runoff.
"It's a blessing in that our overall season ends up being really, really good," said Antony McCoy, head boatman and operations manager for Vail-based Timberline Tours whitewater rafting company. "But during the early season in a year like this, we often have to reroute and run trips differently than normal in the name of safety. Out decisions are always based on safety first and fun second, and we make those decisions day by day."
With warm temperatures and weekend precipitation boosting flows, Timberline Tours and other established commercial rafting companies were forced to make reroute Memorial Day trips away from the raucous Dowd Chute section of the Eagle River between Minturn and EagleVail. The company institutes a cutoff for commercial trips through the Class IV-plus run when the river broaches 4½ feet on the gauge installed atop Dowd Chute, launching just below the most severe whitewater rapids instead.
"That's a fun level for expert kayakers, but it gets tricky in a raft," McCoy said. "And with water this high, most clients don't really notice the difference. They still love it."
Ironically, it's just about the time that many commercial rafting companies begin to take more extreme precautions when many of the most daring decide that conditions are optimal.
A few miles below the Eagle River's confluence with the Colorado River, the state's growing cadre of river surfers arrived en masse at the increasingly renowned Glenwood Springs Whitewater Park on Monday. There they were greeted by river flows unseen on the Colorado since the high-water year of 2011, measuring in the neighborhood of 16,000 cubic feet per second below the confluence with the Roaring Fork River.
"I drive up here from Boulder just about every weekend this time of year," said Ben Smith, a stand-up paddle (SUP) surfer of two years who had never ridden the river at flows above 5,000 cfs before this spring. "This season, I'm going to surf it as much as I can, and every weekend is like a new experience for me. It's a different wave each time. Better and better."
Surfers on Monday's unofficial launch of summer were lined up as many as 10 deep on both sides of the Colorado River at West Glenwood, some with paddles and others with traditional surfboards diving headlong into the raging currents before popping to their feet for rides lasting several minutes. They alternated with — and largely outnumbered — skilled whitewater kayakers performing tricks in the frothy whitewater as spectators on the banks took in the show. One photographer launched a drone above the surfers to capture the action on video.
"This wave is by far my favorite," Smith added. "A lot of kayak play holes have a big foam pile that's designed to hold the kayaks in the play spot, whereas this wave is so steep that it's gravity that's pulling you down the face of it, which is what an ocean wave does. Plus it's so clean. You can make these nice big turns on a clean, green wave. It's the closest thing to ocean surfing I think that you are going to get in Colorado."
In a state renowned for its paddlesports offerings and participation, it comes as no surprise that Smith and several others have adapted a paddle to the surfing equation. Credit for SUP's origin goes back to Honolulu, where it was known as "beach boy" surfing by the Hawaiians who used paddles while standing to photograph tourists taking surfing lessons more than 50 years ago. The sport's recent resurgence on the ocean has rapidly crept inland during the past decade, where it has established a home on and around the beaches of Colorado.


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It's not a reality show but Siberia looks like one. Will viewers be so confused so that they don't want to watch? Will this new NBC show get big ratings or will it be quickly cancelled? Stay tuned for the ratings.
Siberia airs on Monday nights and the large cast includes Joyce Giraud, Johnny Wactor, Daniel Sutton, Neeko Skervin, Natalie Scheetz, Sam Dobbins, Esther Anderson, Tommy Mountain, George Dickson, Anne-Marie Mueschke, Miljan Milosevic, Irene Szuchun Yee, Berglind Icey, Harpreet Turka, Victoria Hill, Sabina Akhmedova, and Jonathan Buckley.
Below are the TV show's ratings for the Summer 2013 season. These figures will be updated as the weeks progress so keep checking back to see how things are going.
Final season averages: 0.7 rating in the 18-49 demographic with 2.03 million total viewers.
Episode 01-11: Monday, 09/17/13 (finale)
0.6 in the demo (0% change) with 1.75 million (-3% change).
Season averages: 0.72 in the demo with 2.03 million.
Episode 01-10: Monday, 09/09/13
0.6 in the demo (0% change) with 1.81 million (+5% change).
Season averages: 0.73 in the demo with 2.06 million.
Episode 01-09: Monday, 09/02/13
0.6 in the demo (0% change) with 1.73 million (0% change).
Season averages: 0.74 in the demo with 2.09 million.
Episode 01-08: Monday, 08/26/13
0.6 in the demo (-14% change) with 1.73 million (-6% change).
Season averages: 0.76 in the demo with 2.13 million.
Episode 01-07: Monday, 08/19/13
0.7 in the demo (0% change) with 1.83 million (+4% change).
Season averages: 0.79 in the demo with 2.19 million.
Episode 01-06: Monday, 08/12/13
0.7 in the demo (+17% change) with 1.76 million (-2% change).
Season averages: 0.80 in the demo with 2.25 million.
Episode 01-05: Monday, 08/05/13
0.6 in the demo (-14% change) with 1.80 million (-7% change).
Season averages: 0.82 in the demo with 2.35 million.
Episode 01-04: Monday, 07/29/13
0.7 in the demo (-13% change) with 1.93 million (-18% change).
Season averages: 0.88 in the demo with 2.49 million.
Episode 01-03: Monday, 07/15/13
0.8 in the demo (-11% change) with 2.36 million (-9% change).
Season averages: 0.93 in the demo with 2.68 million.
Episode 01-02: Monday, 07/08/13
0.9 in the demo (-18% change) with 2.60 million (-15% change).
Season averages: 1.00 in the demo with 2.84 million.
Episode 01-01: Monday, 07/01/13
1.1 rating in the 18-49 demographic with 3.07 million total viewers.
Season averages: 1.10 in the demo with 3.07 million.
It was a poor start for this new drama, tying for second place in its timeslot.
Note: These ratings are collected by the Nielsen company and are the final national numbers. These are different from the fast affiliate numbers which are just estimates of the actual ratings and are reported on by most other outlets. The final nationals are typically released within 24 hours of the programming or, in the case of weekends and holidays, a couple days later.
What do you think? Do you like the Siberia TV series? Do you think it should be cancelled or renewed for another season?


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Dumplings are a universally comforting food - from the fried or steamed Chinese dumplings dipped in tantalising chilli and soy sauce, to the hearty and satisfying potato and vegetable based dumplings of Eastern and Central Europe, there is something about dumplings which satisfies the soul as well as the stomach! Generally, I've had a lot more experience making the Chinese variety than the European ones, but that changed when Poland was requested by a reader to be featured on the blog.
This June and July you'll see a lot of Polish recipes, and that is going to include some dumplings! Dumplings in creamy I-can't-believe-it's-vegan mushroom sauce. When I made these and served them up it looked like a bit too much sauce and I made a mental note to alter the recipe - but when I served them up we mopped up every little last big of that sauce and could have had more! So I didn't alter the recipe, you're going to want that much of this sauce!
I used my home made vegan sour cream in this recipe, and the result was luscious and super creamy! I can't predict how it will turn out with store bought vegan sour cream, but making it was really, really easy. So you can jump over to my recipe here and make some yourself.
Vegan Polish Pyzy (Potato Dumplings) with Creamy Mushroom Sauce
1 kg potatoes, peeled
5 tbsp flour (or more, as needed)
1/2 tsp salt
Creamy Mushroom Sauce
400g mushrooms
3 tbsp vegan margarine
2 tbsp plain flour
2 cups hot vegetable stock
1/2 cup vegan sour cream
2 tbsp chopped fresh dill (or substitute 1 tsp dried dill)
Salt and pepper to taste
To Make
1. Grate half of the potatoes raw and place in a strainer placed over a bowl. Leave to drip dry for at least half an hour then use the back of a spoon to push any remaining liquid out. Keep the liquid though!
2. Roughly chop the other 500g of potatoes and boil until tender. Mash and place in a bowl with the grated potato and the flour. Mix well.
3. The leftover liquid should now have settled and separated out, gently pour off the clear liquid from the top and add the starchy sediment to the bowl of potatoes and flour. Mix well.
4. Your dumpling mix should now be a thick and sticky consistency that you can roll into balls - if it is too dry add a little water, if it is too wet you can add a little more flour.
5. Dust your hands with flour and roll into walnut sized balls. Set them aside while you make the sauce (you'll boil them just before you need to serve them).
6. To make the creamy mushroom sauce: wash and slice the mushrooms. Melt the margarine in a saucepan and add the flour. Stir vigorously to form a smooth paste. Gradually add the hot vegetable stock, just a little bit at a time, and stir well to keep the sauce as a smooth paste. Continue until all the stock is added.
7. Add the mushrooms to the sauce and bring to a simmer. Simmer for 5 minutes, or until the mushrooms are cooked. Add the sour cream, dill and season to taste and then remove from the heat.
8. To cook the dumplings - bring a big pot of water to the boil and gently add the dumplings. Stir gently to make sure none stick to the bottom. Boil for about 10 minutes, you'll know they are done when they float to the surface (you may have to do 2 batches to get them all done). Serve hot with the mushroom sauce and garnish with extra dill as desired.
Serves 4.
This month I'm featuring lots of delicious food from Poland.
Check out my other Polish recipe posts:


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A few weeks back, I visited Seattle for a few days. I was by myself, and on the lookout for friendly places with good drinks. I struck gold at Zig-Zag Cafe. With a name like that, you don't expect to find a world-class bar, particularly not on the odd side street off of Pike Place Market where it's located. But Murray Stenson, the veteran barman behind the counter, was recently named "The Best Bartender in America" by a panel of fellow bartenders at the Tales of the Cocktail festival in New Orleans last July. Deservedly so.
Sure, he's been serving cocktails and inspiring fellow bartenders for decades, but his style is hardly old fashioned—indeed, the whole classic-cocktail-reinterpretation thing that's all the rage in speakeasy-esque bars in major cities around the world these days has been his modus operandi all along. At Zig-Zag, you can of course expect perfectly shaken or stirred classics, but you'll also get an ever-changing, bitters and tinctures-heavy list of house cocktails. Satan's Soulpatch is a standard Bourbon-based Perfect Manhattan, with three types of orange (slice, Grand Marnier, bitters) taking the place of the maraschino, while a Trident goes the full-herbal route combining caraway-scented Aquavit with bitter Cynar, dry sherry, and peach bitters.
They're combination that look odd on paper, but come together in a completely delicious, drinkable way in the shaker.
Noticing that I was staring at the trays filled with row after row of tiny bottles in every shape and color, Stenson asked if I was a bitters fan. To tell the truth, I'm more of a casual observer than a true fan. I love bitters' greatest hits, but I can't say I celebrate its entire catalogue.
Of course, I didn't say any of this. Instead I decided to come back with an "of course—who isn't?" in a tone that implied a comprehension verging on boredom with the depth of my knowledge in the subject.
"Great," he said as he whipped out tray after tray after tray, littering the bar with bottles like a medieval alchemist's desk.
Shoot, he's onto me, I thought. Might as well just give up: "Wow—what's in all of these?" I asked.
"How should I know? I don't really use these. I just pulled them out to impress you." Well played. If the dust on some of the bottles was any indication, he was indeed telling me the truth. Stenson prefers reputable small-batch bitters producers like Bittermens and The Bitter Truth.
Stenson is the kind of bartender who thrives on riffing off of classics. I'm a huge fan of the Sazerac, the grandaddy of cocktails made with rye, Peychaud's bitters, and a sugar cube served neat in a rocks glass with an absinthe rinse and a fat twist of lemon. Precisely because of its simplicity, it's a tough drink to pull off correctly, and demands perfect technique. No fancy flavored liqueurs to hide behind here. Murray Stenson's may have been one of the best I've ever tasted, but even better was the drink he followed it up with. A variation on a theme, as he described it.
He started by cutting the Elijah Craig small-batch bourbon base with a splash of cognac and a bare hint of Carpano Antica Formula vermouth. Meanwhile, in the glass, he dissolved a sugar cube in a few drops of orange bitters, along with—get this—orange Curaçao. I honestly don't think I've seen, much less drank Curaçao of any color since college, and to be honest, I was a bit skeptical that the sickly sweet liqueur had much to offer.
I needn't have worried. He gave a chilled glass a quick rinse with Pacifique American-made absinthe and strained it in. Delicious. Strong and spirit-forward, but with a complex, sweet and spicy nose from the vermouth and cognac, it wasn't overly sweet at all, the Curaçao instead falling to the bottom of the palate where it gave the whole thing a mildly bitter, aromatic orange background.
It's rare to find a place that can make you feel completely comfortable, even when you're basically alone in an unfamiliar city, but Stenson managed to do just that. He's a hospitality professional in the truest sense of the word.
Zig Zag Cafe
1501 Western Avenue, Seattle WA 98101 (map) 206-625-1146


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Ziyarat: External Proof
The Holy Qur`an is clear in its explication of the reason for which the jinns and humans were created: to worship Allah1 (SwT) which can only be done with any real quality after we come to know Him.2 Our fundamental aim is thus inextricably linked to gaining gnosis of Him. This task is by no means a simple one as the Qur`an clearly states that He is incomparable to anything we may already know, and therefore unknowable in His entirety.3
But far from being an oppressive ruler over His subjects and setting them a task doomed to failure, Allah (SwT) desires that humans fulfil their potential and attain salvation by achieving closeness to Him. He has therefore, through His undiminishing mercy, granted His servants access to numerous avenues to be able to reach at least some level of gnosis:
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللهَ وَابْتَغُوۤا إِلَيهِ الْوَسِيلَةَ وَجَاهِدُوا فِى سَبِيلِهِ لَعَلَّكُمْ تُفْلِحُونَ
O you who believe! Be mindful (of your duty) to Allah and seek means of nearness to Him, and struggle in His way, so that you may be successful.4
Of these avenues and means, the most effective is to seek the intercession and guidance of the Fourteen Infallibles and to obey them.5 The Qur`an mentions that by obeying the Messenger, one would have thereby followed Allah (SwT).6 The same applies when considering the family of the Prophet, the Ahl al-Bayt (AS), whose obedience may also be included in the category of being a valid act of servitude to Allah (SwT).7
By this argument, the seemingly difficult duty upon the shoulders of humans at first consideration, i.e. the worship of Allah (SwT) through His gnosis, is made somewhat manageable by the adherence of humans to the obedience and love of the Prophet (S) and his holy family, the Ahl al-Bayt AS); by loving and obeying the Prophet and his family, humans are fulfilling both a Qur`anic injunction of seeking a means to the nearness of Allah (SwT), as well as correctly identifying this means as being none other than the Fourteen Infallibles.
Ziyarat: An Internal Inclination
Allah (SwT) has created the human with an innately ordained disposition towards goodness,8 known as fitrah in Arabic.9 This fitrah, even whilst confined to the realm of the corporeal world, continuously yearns and seeks goodness and is instinctively attracted and naturally inclined to honouring and respecting those instances of goodness it perceives, whether the acts are current and live, or have happened in the past and belong to legends of history, such as members of the Ahl al-Bayt (AS).10
Therefore, through both external instruction via the Qur`an and the lives of the Infallibles, and through the internal proof, the fitrah, the connection with the Ahl al-Bayt (AS) is a fundamental part of human existence and assists to fulfil an inherent metaphysical need within us of seeking closeness to Allah through noble characteristics perceived in extra-ordinary personalities.
Ziyarat And A Link To Hajj
When describing the Islamic forms of worship two terms are often used: 'Ibadah and Dhiyafah. The term 'Ibadah generally relates to the outer, jurisprudential nature of our acts of worship whilst Dhiyafah can often refer to the inner, spiritual dimensions.11 As an example, our Ramadhan supplications, (our 'Ibadah) seek for Allah (SwT) to grant us the chance to perform the Hajj pilgrimage, "… In this year and every year …"12 The Hajj, which is the resulting Dhiyafah at Allah (SwT)'s house in Makkah, actually takes place three months later in the month of Dhu al-Hijjah.
A close consideration of this will demonstrate that Allah (SwT)'s initial pleasure was for us to ask of Him in Ramadhan to grant us Hajj. In prescribing to us what our supplications should be in Ramadhan through set prayers, Allah (SwT) enables His to become aware of what his Master has to offer. The Wise Lord, in commanding His subjects to ask of Him, is able to show us the magnanimity of His banquet and the lofty aspirations we may have of Him. Thus, every subsequent supplication of the servant will improve as he is now aware of what the Host of hosts can grant to him and these two elements become inseparable – i.e. each instance of seeking is accompanied by a higher level of giving, and thus the circle continues between Master and slave. This may be the true meaning behind this excerpt of Du'a al-Iftita:
وَ لاَ يزيده كثرة العطاء إِلاَّ جوداً وَ كرماً
And His excessive giving does not increase in Him, except (from the point of view of) generosity and kindness.13
When considering the Ziyarat of the Infallibles, a similar conclusion seems to hold true. The Infallibles, through their positions as intermediaries and avenues between Allah (SwT) and His subjects, are able to encourage the elevation of people's wants and desires beyond mere material wishes. Just as Allah (SwT) has a banquet He wishes to share, so too the Infallibles; their banquet is to assist humans to reach levels of divine proximity.
The importance and weight of this is adequately portrayed in some of the legal opinions expressed by eminent Muslim jurists of previous generations. Both 'Allamah Hilli and Sheikh Tusi have been cited as having declared it to be compulsory for Hajj pilgrims to perform the Ziyarat of the Holy Prophet in Medina, and have even permitted the Islamic ruler to force people to do so if they do not perform the Ziyarat of their own volition.14 The Holy Prophet has declared:
من أتى مكة حاجاً و لم يزرني إلى المدينة جفانى
Whoseover comes to Makkah as a Hajj pilgrim and does not visit me in Medina has shunned me.15
Such is the importance placed upon Ziyarat that even after performing the rites of Hajj and after seeking proximity to Allah (SwT) in Makkah, 'Arafah, Muzdalifa and Mina, the pilgrim is still expected to pay respects to the Holy Prophet. This is a view common in both Shi'a and Sunni sources.16
Walayah and Ziyarat
Al-Kulayni reports in al-Kafi from Imam al-Baqir (AS):
عَنْ أَبِي جَعْفَر قَالَ بُنِيَ الإِسْلامُ عَلَى خَمْسٍ عَلَى الصَّلاةِ وَ الزَّكَاةِ وَ الصَّوْمِ وَ الْحَجِّ وَ الْوَلايَةِ وَ لَمْ يُنَادَ بِشَيْءٍ كَمَا نُودِيَ بِالْوَلايَةِ
Islam has been founded upon five: Prayers, Alms-giving, Fasting, Pilgrimage and Walayah. And nothing has been emphasised the way emphasis has been placed on Walayah.17
The cited hadith suggests that of all the acts of worship, it is the Walayah of Allah (SwT), and the Ahl al-Bayt (AS), that is the most important. Hence one of the most important etiquettes of the act of Ziyarat is to establish a firm connection with the visited one. It is at this juncture that our acts may transform from mere 'Ibadah to something similar to Dhiyafah.
Whilst recognising the host and his kindness it would be foolish not to be cautious of other false hosts and adversaries of the Infallibles. By distancing ourselves from these people, we engage in Tabarri, a pre-requisite to Tawalli – seeking closeness to the Infallibles. Tabarri is a key theme among the reliable ziyarat supplications. Ziyarat al-'Ashura` is emphatic upon this point, and urges the reader to seek distance from not only the direct adversaries of the Infallibles that confronted the Infallibles in their lifetimes, but even all previous usurpers and oppressors, spanning generations, and their supporters and partisans.18 This demonstrates that for our visitation to truely carry the colour of Walayah, the Walayah we profess must be comprehensive and absolute.
The folly of not adhering to this is eloquently portrayed by the Master of eloquence, Amir al-Mu`minin, 'Ali. Al-Majlisi quotes in Bihar al-Anwar:
إنّ رجلاً قدم على اميرالمؤمنين فقال: يا اميرالمؤمنين! إنّي اُحبّك و اُحبّ فلاناً – و يسمى بعض أعدائه – فقال عليه السلام: أما الآن فأنت أعور فإما أن تعمى و إما أن تبصر
Indeed a man approached Amir al-Mu`minin (AS) and said: "Verily I have love for you and I also love so and so" – and he named one of his (the Imam's) adversaries – he (Imam) replied: "At this moment you are as though you possess one eye (and your vision is incomplete). So either you should choose blindness or complete vision."19
In the Imam's words, such a person is incomplete and must address his course of action lest he were to become completely attached to falsehood, thereby becoming utterly lost.
Sincerity and Ziyarat
Islamic ethical discourse stresses the importance of one's intention and sincerity as a defining factor in the classification of the quality of any action. The purer the intention of the actor in performing the act, the more reward and benefit will be gained from that action. In this regard, people are of different grades and qualities.
Whilst the outer action may actually seem identical and uniform, the inner realities and benefits may be tremendously different due to the difference in the purity and sincerity of the intention. It is only in the non-corporeal realm where such realities exist in their truest form. The hadith reports that comment upon this reality are manifold. We cite one such report to grant light to our discussion:
عن البزنطي قال: قرأت كتاب أبي الحسن الرضا: أبلغ شيعتي أنّ زيارتي تعدل عندالله عزّ و جلّ ألف حجّة. قال: فقلت لأبي جعفر : ألف حجّة؟ قال: إي والله ألف ألف حجّة لمن زاره عارفاً بحقه
Al-Bazanti narrates, "I read in the letter of Abu al-Hasan al-Ridha (AS): Tell my Shi'as that verily the rewards of my Ziyarat, according to Allah the Mighty and Glorious, is equal to one thousand Hajj pilgrimages. So I said to Abu Ja'far (Imam al-Jawad) (AS): A thousand Hajj pilgrimages? He (AS) said to me: Yes, by Allah! A thousand thousand (a million) Hajj pilgrimages for he who performs his Ziyarat whilst understanding his rights."20
An Intellectual Spark
The truly balanced servant must however realise the potential granted him by Allah (SwT) in being able to utilise all the divine bounties and be wary of satanic traps. It may be all too easy for one to assume that sincerity is sufficient; however, if one is simply unaware of the inner realities of wayfaring and its etiquette, then it is possible the intellect is under-utilised and mere sincerity, whilst praiseworthy, will lead to a lesser outcome.
The Qur`an, when describing the Messenger's mission, speaks of both Tazkiya (purification) as well as Ta'lim (education).21 Such accuracy in one's intake of education will result in the realisation that each one of the noble acts, Salat, Sawm, Zakat, Hajj, Walayah, has no outer, worldly existence, but rather these entities exist in their truest and most radiant form in the non-corporeal realm. If each of these were to be understood, considered and treated as living entities (albeit in the non-material realm), capable of speech, form and interaction, one's approach to them would surely be of a particularly focused, respectful and determined nature.22
Together with these realities, the true realities of the visited ones, i.e. the Infallibles that are the intermediaries for initial receipt and subsequent channeling of divine grace, can not err nor do they suffer any imperfection; and although they exist in their most majestic form as light-ordained celestial beings in another sphere, they are able to influence matters in the physical world through their specially ordained mastership granted by Allah (SwT) and dependent upon His permission.
Following these principles, a wayfarer can coach and train himself to be mindful and intensely aware of such truths and when he is able to do so he will witness an active manifestation of the Qur`anic injunction:
وَلِلَّهِ الْمَشْرِقُ وَالْمَغْرِبُ فَأَيْنَمَا تُوَلُّوا فَثَمَّ وَجْهُ اللهِ إِنَّ اللهَ وَاسِعٌ عَلِيمٌ
To Allah belongs the east and the west, so whithersoever way you turn there will be the face of Allah…23
Such an outlook will be truly appreciative of the divine at all times and places.
There is a possibility for the opposite to also become true. The Qur`an offers a stark warning:
بَلَى مَنْ كَسَبَ سَيِّئَةً وَأَحَاطتْ بِهِ خَطيـۤئَتُهُ فَأُوْلَـۤئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ
Indeed whoever does evil and his sins surround him on every side, such shall be the inmates of the fire, and they shall remain therein forever.24
Such a person will no longer be able to perceive the divine and the 'face of Allah', rather his outlook will be satanic and evil: whithersoever this person may turn he would perceive the face of Shaytan; evil would envelop him and he would descend into a spiral of negativity, blocked senses, narrow mindedness and a skewed sense of reality. It may be that he is accepting of all things he perceives as utmost truth, or even worse, he may deny all true things as utter falsehood.25
Thus, the individual wayfarer, in seeking a companion, a means, and an avenue to the Absolute Truth, must be conscious of the choice of whom he visits and must approach the visitation with a true gnosis and recognition of the visited one, as well as a heart of sincerity, and thereby be completely balanced and guided.
Marhum Tustari declares:
وتفاوتت التأثيرات بتفاوت المعرفة بحق الامام الحسين فقد ورد في الروايات التقييد بكونه عارفا بحق الامام الحسين صلوات الله تعالى عليه
And the difference in the benefits (of the Ziyarat) is due to the difference in the levels of recognition (in the people reciting the Ziyarat) of the rights of Imam al-Husayn (AS), as the narration mentions the condition (for benefiting from the Ziyarat) is to be aware of the rights of Imam al-Husayn, blessings of Allah, the High, upon him.26
A Mystical Firebrand
Having now realized the intrinsic beneficial nature and the importance of ziyarah it befits the wayfarer and the slave of the visited one to reflect upon the inner meanings of the act of Ziyarat. The etymology of the word stems from زور , originally meaning 'to move away' from a thing. Ahmad Ibn Faris comments that the term is used to refer to the act of Ziyarat because when a person visits another, he has effectively moved his attention away from everyone and everything else to concentrate upon the visited one. Fayumi adds that Ziyarat involves honouring the visited one and making a bond with them.27 Ayatullah Jawadi Amoli suggests that the turning away may also be from the material world of bodies and quiddity towards the celestial realm of souls and spirits.28
The Ziyarat should therefore transport us into a higher level of consciousness and spiritual being. Freedom from the world of matter is essential if we are to reach the heights of our potential. An interesting narration quoted by Marhum Tustari encapsulates this:
إنّ من زاره كان كمن زار الله تعالى في عرشه
Surely one who visits him (Imam al-Husayn) is like one who visits Allah at His throne.29
Tustari's own relfection on this hadith is to conclude that 'visiting Allah' is an allusion to the intense proximity with Allah (SwT), in this instance achieved through the Ziyarat.
Whereas proximity to Allah (SwT) can only come about through a polished level of faith and cleanliness of the heart. Hence, the Ziyarat of the Martyr of Kerbala assists and facilitates to complete one's level of faith, and cleanse the heart, resulting ultimately in the intense closeness with Allah (SwT).
پیروی رسول حق، دوستی حق آورد
پیروی رسول کن، دوستی خدا طلب
شرع، سفینۀ نجات، آل رسول، ناخداست
ساکن این سفینه شو دامن ناخدا طلب
Following the Prophet of Truth, brings about the friendship of Truth;
So follow the Prophet, thereby seek the friendship of Truth.
The Shari'ah, is the ship of salvation, the Family of the Prophet, is its captain;
Abide aboard the ship and seek to hold tight to the captain.30
Through our closeness with the Ahl al-Bayt (AS), we are also able to benefit from some of the grace which they are granted. In Sura al-Ahzab, in one of the most well-known and oft-recited verses of the Qur`an, Allah (SwT) declares:
إِنَّ اللهَ وَمَلاَئِكَـتَهُ يُصَلُّونَ عَلَى النَّبِىِّ يَاأَيُّهَا الَّذِينَ آمَنُوا صَلُّواْ عَلَيْهِ وَسَلِّمُواْ تَسْلِيما
Indeed Allah and Angels bless the Prophet; O you who believe! Invoke blessings upon him and and invoke salutations upon him with a worthy salutation.31
Perhaps we miss too easily our own potential in reaching such a stage, where Allah (SwT) and His angels can bless us:
يَاأَيُّهَا الَّذِينَ آمَنُوا اذْكُرُوا اللهَ ذِكْراً كَثِيراً وَسَبِّحُوهُ بُكْرَةً وَأَصِيلاً هُوَ الَّذِى يُصَلِّى عَلَيْكُمْ وَمَلاَئِكَتُهُ لِيُخْرِجَكُمْ مِّنَ الظُّلُمَاتِ إِلَى النُّورِ وَكَانَ بِالْمُؤْمِنِينَ رَحِيماً تَحِيَّتُهُمْ يَوْمَ يَلْقَوْنَهُ سَلاَمٌ وَأَعَدَّ لَهُمْ أَجْراً كَرِيماً
O you who believe! Remember Allah with frequent remembrance, and glorify Him morning and evening. It is He who sends His blessings to you and so do His angels, that He may bring you out of the darkness into light, and He is Most Merciful to the believers. The day they encounter Him their greeting will be 'Peace', and He holds in store for them a noble reward.32
Thus Allah (SwT) and His angels also bless certain fallible beings – those that have inculcated within themselves a plentiful remembrance. The result of this blessing is that Allah (SwT) is able to empower them to come forth from darkness into light. As we have seen, the very same effect is true when visiting the Infallibles, who assist in our spiritual migration towards Allah (SwT) and away from the material world. Because their source is ultimate purity, the Absolute Truth, in calling upon them to provide us with our spiritual guidance we are confident of the veracity and accuracy of the offerings we can obtain from them. Again this points towards Tabarri and Tawalli: ensuring that our hosts are true hosts and truly able to offer us munificence:
فَلْيَنْظُرِ الإِنْسَانُ إِلَى طعَامِهِ
So let man consider his food.33
Regarding the verse above, Imam al-Sadiq (AS) has declared that the allegorical meaning of the word food is 'knowledge'. He states:
عِلْمُهُ الَّذِي يَأْخُذُهُ عَمَّنْ يَأْخُذُهُ
It is his knowledge that he acquires – from whom does he acquire it?34
By ensuring our source of information and spiritual nourishment is pure, we will be able to avoid spiritual stagnation and prove to be a true instance of leaving the darkness and entering the light.
Ziyarat: The Return Journey from Truth (Al-Haqq) to Creation (Al-Khalq)
According to the commandments from the Holy Threshold (الناحية المقدّسة) of the Ahl al-Bayt (AS), once this enlightenment is achieved, the journey of the new possessors of light continues onwards towards their fellow human beings. As a recipient and now a guardian of this light, the true servant of the Holy Threshold discharges the duties placed upon him by helping others to emerge from darkness. He becomes the true manifestation as described in Sura al-An'am:
أَوَ مَنْ كَانَ مَيْتاً فَأَحْيَيْنَاهُ وَجَعَلْنَا لَهُ نُوراً يَمْشِى بِهِ فِى النَّاسِ كَمَن مَّثَلُهُ فِى الظُّلُمَاتِ لَيْسَ بِخَارِجٍ مِّنْهَا
Is he who was lifeless, then we granted him life, and granted him a light by which he walks among people, like one whose likeness is that of one who dwells in manifold darkness which he cannot escape?35
Hence the truly enlightened one seeks to offer the light and bounties he receives to others, to help them in their quest for enlightenment, and in this way may become worthy of the epithet of being a servant at the courtyard of the Holy Threshold.
Ziyarat: At The Master's Service
Thus far we have indulged ourselves in seeking from the Infallibles of the Holy Family. There is however a level of servitude and obligation expected of us, which demonstrates the comprehensiveness of Islam – a religion of faith, belief, spirituality and action. The Master of the believers describes this relationship in sermon 34 of the Nahj al-Balagha. He begins by outlining the rights that we enjoy over him which include:
1. He should advise us with sincerity
2. He should collect the monies for the public treasury and spend them according to our needs
3. He should ensure our education so we do not remain ignorant
4. He should nurture us into truly scholarly people
The Imam then mentions the rights he enjoys over us:
1. Loyalty to his allegiance
2. To do Nasihah to him in both his presence and absence
3. To answer his call when he calls us
4. To be obedient to his command
The second item in this list is worthy of some deeper contemplation. The word Nasihah in this context should not be confused with the common usage of the word which translates to 'advice'. In this instance we are considering the choicest Imam and the truest leader, an Infallible, and the epitome of perfection; so how could advice be given from us to he who is guided by Allah (SwT), himself being the Straight Path of salvation?
A closer consideration of the term al-Nasihah will reveal that its true meaning is the opposite meaning of غِشّ, a term used to denote any type of dilutedness or taintedness. For example milk that has been mixed with water is referred to as Maghshush (مغشوش), from the same root as غشّ. According to this analysis, this would render the meaning of Nasihah in this context to its root: freedom from any type of dilutedness or taintedness. This meaning has also been used in the Qur`an where Allah (SwT) commands the believers to repent with sincerity. The word used, Nusuhan, stems from the same root as Nasihah:
يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللهِ تَوبَتاً نَصُوحاً
O you who believe! Repent to Allah with sincere repentance!36
The scholars of ethics have also elaborated the meaning of Nasihah to be the opposite of jealousy (Hasad). This would add a further dimension to the meaning of Nasihah to be that someone who truly possesses the trait of Nasihah will wish a bounty for his brother believer that will be in his brother's benefit and something that he would wish for himself; and naturally such an act would also need to be free from any form of taintedness.37 Therefore, offering sincere advice that is open, honest and in the benefit of the one being advised, is only one manifestation of the trait of Nasihah and not the entire meaning of the term.
Thus the Imam in this context, by using the word Nasihah, regards one of his rights over us as complete sincerity without any form of taintedness. This will apply both in his presence, and equally in his absence. Our conduct in thought, belief and action, should be such that the master whom we are visiting attains confidence that we are truly his, sincerely for him, and utterly devoted to his cause. The following narration may clarify this further:
قال رسول الله : من يضمن لي خمساً أضمن له الجنّة ... النصيحة لله عز و جل والنصيحة لرسوله والنصيحة لكتاب الله والنصيحة لدين الله والنصيحة لجماعة المسلمين
The Holy Prophet (S) has said, "He who can guarantee me five things, I will guarantee for him Paradise … Nasihah for Allah The Mighty and The Glorious, and Nasihah for His Prophet, and Nasihah for the book of Allah, and Nasihah for the religion of Allah, and Nasihah to the Muslim nation."38
In the words of the Prophet, Paradise may be earned by someone who is pure, sincere and untainted in his conduct towards Allah (SwT), His Prophet, His Book, His Religion and to the Muslim Ummah.
Ziyarat: A Structured Approach To The Meeting Place At The Two Seas
Marhum Tustari40 has elaborated on a series of special timings at which the benefits and rewards of the Ziyarat of Imam al-Husayn (AS) is particularly enhanced:
1. Every Friday
2. Every Month41
3. Twice per year in person for those able to afford
4. Thrice per year, to guarantee freedom from poverty
5. On the happy occasions of Nowruz, Mab'ath, Ghadir and others
6. In Rajab:
a. On the night preceding the first day of Rajab
b. On the first day of Rajab
c. On the night preceding the fifteenth day of Rajab
d. On the fifteenth day of Rajab
7. In Sha'ban:
a. On the third day of Sha'ban
b. On the night preceding the fifteenth day of Sha'ban
c. On the fifteenth day of Sha'ban
8. In Ramadhan:
a. At any time
b. On the night preceding the first day of Ramadhan
c. On the night preceding the fifteenth day of Ramadhan
d. On the last night of Ramadhan
e. On each of the nights of Qadr and the subsequent days
9. In Dhu al-Hijjah:
a. On the night preceding the day of 'Arafa
b. On the day of 'Arafa
c. On the night preceding 'Eid al-Adha
d. On the day of 'Eid al-Adha
e. On the eleventh, twelfth and thirteenth days of Dhu al-Hijjah
f. On the day of 'Eid al-Ghadir
10. In Muharram:
a. On the night preceding 'Ashura and on the day of 'Ashura
b. On the thirteenth day of Muharram
11. In Safar:
a. On the twentieth day of Safar
These are some of the meritorious times mentioned for the Ziyarat of Imam al-Husayn (AS). However, such an action is praiseworthy and would yield benefits to an attentive and sincere heart at any time.
We beseech the master of martyrs to allow us his visitation and remembrance as long as Allah (SwT) grants us life and as long as time subsists.
Abbas Mohamed Husein Ismail
3 December 2008
4 Dhu al-Hijjah 1429
- 1. Holy Qur`an, 51:56
- 2. Al-Saduq, 'Ilal al-Shara'i
- 3. Holy Qur`an, 42:11
- 4. Ibid. 5:35
- 5. M. Tahriri, Simaye Mukhbitin, Mishkat, Tehran, 2000, pp.13-14
- 6. Holy Qur`an, 4:80
- 7. Ibid. 42:23, 33:33
- 8. J. Amoli, Adab e Finaye Muqarraban, Isra, Qum, 2002, p.55
- 9. Holy Qur`an, 30:30
- 10. J. Amoli, Adab e Finaye Muqarraban, Isra, Qum, 2002, p.18
- 11. J. Amoli, Sahbaye Safa, Mashar, 2001, p.26
- 12. A. Qummi, Mafatih al-Jinan
- 13. Ibid.
- 14. J. Amoli, Adab e Finaye Muqarraban, Isra, Qum, 2002, p.32
- 15. M. Najafi, Jawahir al-Kalam, volume 20
- 16. See A. Amini, al-Ghadir, volume 5
- 17. M. al-Kulayni, al-Kafi
- 18. J. Amoli, Adab e Finaye Muqarraban, Isra, Qum, 2002, p.62
- 19. M. al-Majlisi, Bihar al-Anwar, volume 27
- 20. M. Majlisi, Bihar al-Anwar, volume 99
- 21. J. Amoli, Sahbaye Safa, Mashar, 2001, p.29
- 22. Ibid. p.30
- 23. Holy Qur`an, 2:115
- 24. Ibid. 2:81
- 25. J. Amoli, Sahbaye Safa, Mashar, 2001, p.31
- 26. J. Tustari, al-Khasais al-Husayniyyah, p.164
- 27. J. Amoli, Adab e Finaye Muqarraban, Isra, Qum, 2002, p.23
- 28. Ibid.
- 29. J. Tustari, al-Khasais al-Husayniyyah, p.165
- 30. M. F. Kashani, Diwan e Fayz Kashani, p.32. The word 'daman' in Farsi has not been translated literally but rather its contextual meaning (au)
- 31. Holy Qur`an, 33:56
- 32. Ibid. 33:41-44
- 33. Ibid. 80:24
- 34. J. Amoli, Sahbaye Safa, Mashar, 2001, p.230 quoted from Safinah al-Bihar
- 35. Holy Qur`an, 6:122
- 36. Ibid. 66:8
- 37. J. Amoli, Adab e Finaye Muqarraban, Isra, Qum, 2002, p.52
- 38. M. Majlisi, Bihar al-Anwar, volume 2
- 39. An allusion to Holy Qur'an, 18:60
- 40. J. Tustari, al-Khasais al-Husayniyyah, pp.166-168
- 41. Tustari quotes Imam al-Sadiq , "Whosoever performs his Ziyarah (at least) one time per month, will earn the reward of one hundred thousand martyrs like those slain in Badr."