Today in Judaism ~ Today is: Friday, Cheshvan 21, 5704 ~ 25 October 2013 ~~ Saturday (Shabbat), Cheshvan 22, 5774 ~ 26 October 2013

Today in Judaism ~ Today is: Friday, Cheshvan 21, 5704 ~ 25 October 2013 ~~ Saturday (Shabbat), Cheshvan 22, 5774 ~ 26 October 2013

TORAH Reading:

Chayel Sarah (Genesis 23:1 Sarah lived one hundred twenty-seven years. This was the length of Sarah’s life. 2 Sarah died in Kiriath Arba (also called Hebron), in the land of Canaan. Abraham came to mourn for Sarah, and to weep for her. 3 Abraham rose up from before his dead, and spoke to the children of Heth, saying, 4 “I am a stranger and a foreigner living with you. Give me a possession of a burying-place with you, that I may bury my dead out of my sight.”

5 The children of Heth answered Abraham, saying to him, 6 “Hear us, my lord. You are a prince of God among us. Bury your dead in the best of our tombs. None of us will withhold from you his tomb. Bury your dead.”

7 Abraham rose up, and bowed himself to the people of the land, even to the children of Heth. 8 He talked with them, saying, “If you agree that I should bury my dead out of my sight, hear me, and entreat for me to Ephron the son of Zohar, 9 that he may give me the cave of Machpelah, which he has, which is in the end of his field. For the full price let him give it to me among you for a possession of a burying-place.”

10 Now Ephron was sitting in the middle of the children of Heth. Ephron the Hittite answered Abraham in the hearing of the children of Heth, even of all who went in at the gate of his city, saying, 11 “No, my lord, hear me. I give you the field, and I give you the cave that is in it. In the presence of the children of my people I give it to you. Bury your dead.”

12 Abraham bowed himself down before the people of the land. 13 He spoke to Ephron in the audience of the people of the land, saying, “But if you will, please hear me. I will give the price of the field. Take it from me, and I will bury my dead there.”

14 Ephron answered Abraham, saying to him, 15 “My lord, listen to me. What is a piece of land worth four hundred shekels of silver* between me and you? Therefore bury your dead.”

16 Abraham listened to Ephron. Abraham weighed to Ephron the silver which he had named in the audience of the children of Heth, four hundred shekels of silver,† according to the current merchants’ standard.

17 So the field of Ephron, which was in Machpelah, which was before Mamre, the field, the cave which was in it, and all the trees that were in the field, that were in all of its borders, were deeded 18 to Abraham for a possession in the presence of the children of Heth, before all who went in at the gate of his city. 19 After this, Abraham buried Sarah his wife in the cave of the field of Machpelah before Mamre (that is, Hebron), in the land of Canaan. 20 The field, and the cave that is in it, were deeded to Abraham for a possession of a burying place by the children of Heth.24:1 Abraham was old, and well stricken in age. The LORD had blessed Abraham in all things. 2 Abraham said to his servant, the elder of his house, who ruled over all that he had, “Please put your hand under my thigh. 3 I will make you swear by the LORD, the God of heaven and the God of the earth, that you shall not take a wife for my son of the daughters of the Canaanites, among whom I live. 4 But you shall go to my country, and to my relatives, and take a wife for my son Isaac.”

5 The servant said to him, “What if the woman isn’t willing to follow me to this land? Must I bring your son again to the land you came from?”

6 Abraham said to him, “Beware that you don’t bring my son there again. 7 The LORD, the God of heaven, who took me from my father’s house, and from the land of my birth, who spoke to me, and who swore to me, saying, ‘I will give this land to your offspring.* He will send his angel before you, and you shall take a wife for my son from there. 8 If the woman isn’t willing to follow you, then you shall be clear from this oath to me. Only you shall not bring my son there again.”

9 The servant put his hand under the thigh of Abraham his master, and swore to him concerning this matter. 10 The servant took ten camels, of his master’s camels, and departed, having a variety of good things of his master’s with him. He arose, and went to Mesopotamia, to the city of Nahor. 11 He made the camels kneel down outside the city by the well of water at the time of evening, the time that women go out to draw water. 12 He said, “The LORD, the God of my master Abraham, please give me success today, and show kindness to my master Abraham. 13 Behold, I am standing by the spring of water. The daughters of the men of the city are coming out to draw water. 14 Let it happen, that the young lady to whom I will say, ‘Please let down your pitcher, that I may drink,’ and she will say, ‘Drink, and I will also give your camels a drink,’—let her be the one you have appointed for your servant Isaac. By this I will know that you have shown kindness to my master.”

15 Before he had finished speaking, behold, Rebekah came out, who was born to Bethuel the son of Milcah, the wife of Nahor, Abraham’s brother, with her pitcher on her shoulder. 16 The young lady was very beautiful to look at, a virgin. No man had known her. She went down to the spring, filled her pitcher, and came up. 17 The servant ran to meet her, and said, “Please give me a drink, a little water from your pitcher.”

18 She said, “Drink, my lord.” She hurried, and let down her pitcher on her hand, and gave him drink. 19 When she had done giving him drink, she said, “I will also draw for your camels, until they have done drinking.” 20 She hurried, and emptied her pitcher into the trough, and ran again to the well to draw, and drew for all his camels.

21 The man looked steadfastly at her, remaining silent, to know whether the LORD had made his journey prosperous or not. 22 As the camels had done drinking, the man took a golden ring of half a shekel† weight, and two bracelets for her hands of ten shekels weight of gold, 23 and said, “Whose daughter are you? Please tell me. Is there room in your father’s house for us to lodge in?”

24 She said to him, “I am the daughter of Bethuel the son of Milcah, whom she bore to Nahor.” 25 She said moreover to him, “We have both straw and feed enough, and room to lodge in.”

26 The man bowed his head, and worshiped the LORD. 27 He said, “Blessed be the LORD, the God of my master Abraham, who has not forsaken his loving kindness and his truth toward my master. As for me, the LORD has led me on the way to the house of my master’s relatives.”

28 The young lady ran, and told her mother’s house about these words. 29 Rebekah had a brother, and his name was Laban. Laban ran out to the man, to the spring. 30 When he saw the ring, and the bracelets on his sister’s hands, and when he heard the words of Rebekah his sister, saying, “This is what the man said to me,” he came to the man. Behold, he was standing by the camels at the spring. 31 He said, “Come in, you blessed of the LORD. Why do you stand outside? For I have prepared the house, and room for the camels.”

32 The man came into the house, and he unloaded the camels. He gave straw and feed for the camels, and water to wash his feet and the feet of the men who were with him. 33 Food was set before him to eat, but he said, “I will not eat until I have told my message.”

He said, “Speak on.”

34 He said, “I am Abraham’s servant. 35 The LORD has blessed my master greatly. He has become great. He has given him flocks and herds, silver and gold, male servants and female servants, and camels and donkeys. 36 Sarah, my master’s wife, bore a son to my master when she was old. He has given all that he has to him. 37 My master made me swear, saying, ‘You shall not take a wife for my son from the daughters of the Canaanites, in whose land I live, 38 but you shall go to my father’s house, and to my relatives, and take a wife for my son.’ 39 I asked my master, ‘What if the woman will not follow me?’ 40 He said to me, ‘The LORD, before whom I walk, will send his angel with you, and prosper your way. You shall take a wife for my son from my relatives, and of my father’s house. 41 Then will you be clear from my oath, when you come to my relatives. If they don’t give her to you, you shall be clear from my oath.’ 42 I came today to the spring, and said, ‘The LORD, the God of my master Abraham, if now you do prosper my way which I go— 43 behold, I am standing by this spring of water. Let it happen, that the maiden who comes out to draw, to whom I will say, “Please give me a little water from your pitcher to drink,” 44 and she will tell me, “Drink, and I will also draw for your camels,”—let her be the woman whom the LORD has appointed for my master’s son.’ 45 Before I had finished speaking in my heart, behold, Rebekah came out with her pitcher on her shoulder. She went down to the spring, and drew. I said to her, ‘Please let me drink.’ 46 She hurried and let down her pitcher from her shoulder, and said, ‘Drink, and I will also give your camels a drink.’ So I drank, and she also gave the camels a drink. 47 I asked her, and said, ‘Whose daughter are you?’ She said, ‘The daughter of Bethuel, Nahor’s son, whom Milcah bore to him.’ I put the ring on her nose, and the bracelets on her hands. 48 I bowed my head, and worshiped the LORD, and blessed the LORD, the God of my master Abraham, who had led me in the right way to take my master’s brother’s daughter for his son. 49 Now if you will deal kindly and truly with my master, tell me. If not, tell me, that I may turn to the right hand, or to the left.”

50 Then Laban and Bethuel answered, “The thing proceeds from the LORD. We can’t speak to you bad or good. 51 Behold, Rebekah is before you. Take her, and go, and let her be your master’s son’s wife, as the LORD has spoken.”

52 When Abraham’s servant heard their words, he bowed himself down to the earth to the LORD. 53 The servant brought out jewels of silver, and jewels of gold, and clothing, and gave them to Rebekah. He also gave precious things to her brother and her mother. 54 They ate and drank, he and the men who were with him, and stayed all night. They rose up in the morning, and he said, “Send me away to my master.”

55 Her brother and her mother said, “Let the young lady stay with us a few days, at least ten. After that she will go.”

56 He said to them, “Don’t hinder me, since the LORD has prospered my way. Send me away that I may go to my master.”

57 They said, “We will call the young lady, and ask her.” 58 They called Rebekah, and said to her, “Will you go with this man?”

She said, “I will go.”

59 They sent away Rebekah, their sister, with her nurse, Abraham’s servant, and his men. 60 They blessed Rebekah, and said to her, “Our sister, may you be the mother of thousands of ten thousands, and let your offspring‡ possess the gate of those who hate them.”

61 Rebekah arose with her ladies. They rode on the camels, and followed the man. The servant took Rebekah, and went his way. 62 Isaac came from the way of Beer Lahai Roi, for he lived in the land of the South. 63 Isaac went out to meditate in the field at the evening. He lifted up his eyes, and saw, and, behold, there were camels coming. 64 Rebekah lifted up her eyes, and when she saw Isaac, she dismounted from the camel. 65 She said to the servant, “Who is the man who is walking in the field to meet us?”

The servant said, “It is my master.”

She took her veil, and covered herself. 66 The servant told Isaac all the things that he had done. 67 Isaac brought her into his mother Sarah’s tent, and took Rebekah, and she became his wife. He loved her. Isaac was comforted after his mother’s death.25:1 Abraham took another wife, and her name was Keturah. 2 She bore him Zimran, Jokshan, Medan, Midian, Ishbak, and Shuah. 3 Jokshan became the father of Sheba, and Dedan. The sons of Dedan were Asshurim, Letushim, and Leummim. 4 The sons of Midian were: Efah, Epher, Hanoch, Abida, and Eldaah. All these were the children of Keturah. 5 Abraham gave all that he had to Isaac, 6 but to the sons of Abraham’s concubines, Abraham gave gifts. He sent them away from Isaac his son, while he yet lived, eastward, to the east country. 7 These are the days of the years of Abraham’s life which he lived: one hundred seventy-five years. 8 Abraham gave up his spirit, and died in a good old age, an old man, and full of years, and was gathered to his people. 9 Isaac and Ishmael, his sons, buried him in the cave of Machpelah, in the field of Ephron, the son of Zohar the Hittite, which is before Mamre, 10 the field which Abraham purchased of the children of Heth. Abraham was buried there with Sarah, his wife. 11 After the death of Abraham, God blessed Isaac, his son. Isaac lived by Beer Lahai Roi.

12 Now this is the history of the generations of Ishmael, Abraham’s son, whom Hagar the Egyptian, Sarah’s servant, bore to Abraham. 13 These are the names of the sons of Ishmael, by their names, according to the order of their birth: the firstborn of Ishmael, Nebaioth, then Kedar, Adbeel, Mibsam, 14 Mishma, Dumah, Massa, 15 Hadad, Tema, Jetur, Naphish, and Kedemah. 16 These are the sons of Ishmael, and these are their names, by their villages, and by their encampments: twelve princes, according to their nations. 17 These are the years of the life of Ishmael: one hundred thirty-seven years. He gave up his spirit and died, and was gathered to his people. 18 They lived from Havilah to Shur that is before Egypt, as you go toward Assyria. He lived opposite all his relatives.(Messianic WEB))

Today in Jewish History:

Lisbon Earthquake (1755)

A great earthquake struck Lisbon, Portugal, destroying much of the city including the courthouse of the Inquisition.

Daily Study:

Chitas and Rambam for today:

Chumash with Rashi: Parshat Chayei Sarah, 6th Portion (Genesis 25:1-25:11) & Parshat Chayei Sarah, 7th Portion (Genesis 25:12-25:18)

Chapter 25

1. And Abraham took another wife and her name was Keturah.

א. וַיֹּסֶף אַבְרָהָם וַיִּקַּח אִשָּׁה וּשְׁמָהּ קְטוּרָה:

Keturah: (Gen. Rabbah 61:4) This is Hagar. She was called Keturah because her deeds were as beautiful as incense (קְטֹרֶת), and because she tied (קָטְרָה, the Aramaic for“tied”) her opening, for she was not intimate with any man from the day she separated from Abraham.

קטורה: זו הגר, ונקראת קטורה על שם שנאים מעשיה כקטרת ושקשרה פתחה שלא נזדווגה לאדם מיום שפרשה מאברהם:

2. And she bore him Zimran and Jokshan and Medan and Midian and Jishbak and Shuah.

ב. וַתֵּלֶד לוֹ אֶת זִמְרָן וְאֶת יָקְשָׁן וְאֶת מְדָן וְאֶת מִדְיָן וְאֶת יִשְׁבָּק וְאֶת שׁוּחַ:

3. And Jokshan begot Sheba and Dedan, and the sons of Dedan were Ashurim, Letushim, and Leumim.

ג. וְיָקְשָׁן יָלַד אֶת שְׁבָא וְאֶת דְּדָן וּבְנֵי דְדָן הָיוּ אַשּׁוּרִם וּלְטוּשִׁם וּלְאֻמִּים:

Ashurim and Letushim: the names of the heads of nations (Gen. Rabbah 61:5). But I cannot reconcile the translation of Onkelos with the language of the verse [who translated אַשּׁוּרִם as לְמַשִׁירְיָן, meaning “camps.” And if you say that it is not so, because the “aleph” is not part of the root, we do have words that do not commence with an “aleph,” yet are prefixed with an“aleph.” For example (Amos 7:7): חוֹמַת אִנָ (a wall made by a plumbline), which is derived from [the same root as] (II Sam. 4:4) נְכֵה רַגְלָיִם (“lame in his feet”); and like (II Kings 4:2) אָסוּ שֶׁמֶן (“a jug of oil”), which is derived from [the same root as] (Ruth 3:3) וְרָחַצְתּ ָוָסַכְתָּ (“and you shall bathe and anoint yourself”).

אשורם ולטושם: שם ראשי אומות. ותרגום של אונקלוס אין לי לישבו על לשון המקרא. שפירש למשירין, לשון מחנה. ואם תאמר שאינו כן מפני האל"ף שאינה יסודית, הרי לנו תיבות שאין בראשם אל"ף ונתוספה אל"ף בראשם, כמו (עמוס ז ז) חומת אנך, שהוא מן (שמואל ב' ד ד) נכה רגלים, וכמו (מלכים ב' ד ב) אסוך שמן שהוא מן (רות ג ג) ורחצת וסכת:

and Letushim: They are tent dwellers who spread hither and thither, and travel each in “his palatial tents,” (using the expression from Dan. 11:45), and so Scripture states (I Sam. 30:16):“and behold, they are scattered (נְטֻשִׁים) over the entire earth,” for “lammed” and “nun” are interchangeable.]

ולטושים: הם בעלי אהלים המתפזרים אנה ואנה ונוסעים איש באהלי אפדנו, וכן הוא אומר (ש"א ל טז) והנה נטושים על פני כל הארץ, שכן למ"ד ונו"ן מתחלפות זו בזו:

4. And the sons of Midian [were] Ephah and Epher and Enoch and Abida and Elda'ah; all these were the sons of Keturah.

ד. וּבְנֵי מִדְיָן עֵיפָה וָעֵפֶר וַחֲנֹךְ וַאֲבִידָע וְאֶלְדָּעָה כָּל אֵלֶּה בְּנֵי קְטוּרָה:

5. And Abraham gave all that he possessed to Isaac.

ה. וַיִּתֵּן אַבְרָהָם אֶת כָּל אֲשֶׁר לוֹ לְיִצְחָק:

And Abraham gave, etc.: (Gen. Rabbah 61:6) R. Nechemiah said: He gave him a permanent blessing, for the Holy One, blessed be He, had said to Abraham (above 12:2)“ and you shall be a blessing,” i.e., the blessings are delivered into your hand to bless whomever you wish. And Abraham gave them over to Isaac. — [Mid. Ps. 1:5]

ויתן אברהם וגו': אמר ר' נחמיה ברכה דיאתיקי, שאמר לו הקב"ה לאברהם (לעיל יב ב) והיה ברכה, הברכות מסורות בידך לברך את מי שתרצה, ואברהם מסרם ליצחק:

6. And to the sons of Abraham's concubines, Abraham gave gifts, and he sent them away from his son Isaac while he [Abraham] was still alive, eastward to the land of the East.

ו. וְלִבְנֵי הַפִּילַגְשִׁים אֲשֶׁר לְאַבְרָהָם נָתַן אַבְרָהָם מַתָּנֹת וַיְשַׁלְּחֵם מֵעַל יִצְחָק בְּנוֹ בְּעוֹדֶנּוּ חַי קֵדְמָה אֶל אֶרֶץ קֶדֶם:

concubines: (Gen. Rabbah 61:4) This [the word [פִּילַגְשִׁם] is spelled defectively [missing the letter “yud”], because there was only one concubine. That was Hagar, who was identical with Keturah. [The“yud,” denoting the plural, is absent, hence Rashi understands that the word פִּילַגְשִׁם denotes the singular. In our Torah scrolls, the plene spelling appears.] Wives are those who have a marriage contract, whereas concubines have no marriage contract, as is explained in Sanhedrin (21a) regarding David’s wives and concubines.

הפילגשים: חסר כתיב, שלא היתה אלא פלגש אחת, היא הגר היא קטורה. נשים בכתובה, פילגשים בלא כתובה, כדאמרינן בסנהדרין (כא א) בנשים ופילגשים דדוד:

Abraham gave gifts: Our Sages explained that he gave them “the name of impurity” (Sanh. 91a). Another explanation: All that was given to him because of Sarah and the other gifts that were given to him, all these he gave to them, for he did not wish to benefit from them.

נתן אברהם מתנות: פירשו רבותינו שם טומאה מסר להם. דבר אחר מה שניתן לו על אודות שרה ושאר מתנות שנתנו לו, הכל נתן להם שלא רצה ליהנות מהם:

7. And these are the days of the years of Abraham's life that he lived: one hundred years and seventy years and five years.

ז. וְאֵלֶּה יְמֵי שְׁנֵי חַיֵּי אַבְרָהָם אֲשֶׁר חָי מְאַת שָׁנָה וְשִׁבְעִים שָׁנָה וְחָמֵשׁ שָׁנִים:

one hundred years and seventy years and five years: When he was one hundred years old, he was as one who is seventy years old, and when he was seventy years old, he was as one who is five years old, without sin.

מאת שנה ושבעים שנה וחמש שנים: בן מאה כבן שבעים, ובן שבעים כבן חמש בלא חטא:

8. And Abraham expired and died in a good old age, old and satisfied, and he was gathered to his people.

ח. וַיִּגְוַע וַיָּמָת אַבְרָהָם בְּשֵׂיבָה טוֹבָה זָקֵן וְשָׂבֵעַ וַיֵּאָסֶף אֶל עַמָּיו:

9. And Isaac and Ishmael his sons buried him in the Cave of Machpelah in the field of Ephron the son of Zohar the Hittite, which faces Mamre,

ט. וַיִּקְבְּרוּ אֹתוֹ יִצְחָק וְיִשְׁמָעֵאל בָּנָיו אֶל מְעָרַת הַמַּכְפֵּלָה אֶל שְׂדֵה עֶפְרֹן בֶּן צֹחַר הַחִתִּי אֲשֶׁר עַל פְּנֵי מַמְרֵא:

Isaac and Ishmael: (Gen. Rabbah 30:4, 38:12) From here [we may deduce] that Ishmael repented and let Isaac go before him, and that is the meaning of “a good old age” which is stated regarding Abraham (above 15:15). - [B.B. 16b]

יצחק וישמעאל: מכאן שעשה ישמעאל תשובה והוליך את יצחק לפניו, והיא שיבה טובה שנאמר באברהם:

10. The field that Abraham had bought from the sons of Heth there Abraham and his wife Sarah were buried.

י. הַשָּׂדֶה אֲשֶׁר קָנָה אַבְרָהָם מֵאֵת בְּנֵי חֵת שָׁמָּה קֻבַּר אַבְרָהָם וְשָׂרָה אִשְׁתּוֹ:

11. Now it came to pass after Abraham's death, that God blessed his son Isaac, and Isaac dwelt near Be'er Lachai Ro'i.

יא. וַיְהִי אַחֲרֵי מוֹת אַבְרָהָם וַיְבָרֶךְ אֱלֹהִים אֶת יִצְחָק בְּנוֹ וַיֵּשֶׁב יִצְחָק עִם בְּאֵר לַחַי רֹאִי:

Now it came to pass after Abraham’s death, that God blessed, etc.: He consoled him with the consolations of the mourners (Sotah 14b). Another explanation: Even though the Holy One, blessed be He, delivered the blessings to Abraham, he was afraid to bless Isaac because he foresaw Esau emanating from him. So he said,“May the Master of blessings come and bless whomever He pleases.” And the Holy One, blessed be He, came and blessed him. - [Tan. Lech Lecha 4]

ויהי אחרי מות אברהם ויברך וגו': נחמו תנחומי אבלים. דבר אחר אף על פי שמסר הקדוש ברוך הוא את הברכות לאברהם, נתיירא לברך את יצחק מפני שצפה את עשו יוצא ממנו, אמר יבא בעל הברכות ויברך את אשר ייטב בעיניו ובא הקדוש ברוך הוא וברכו:

Chapter 25

12. Now these are the generations of Ishmael the son of Abraham, whom Hagar the Egyptian, the maidservant of Sarah, bore to Abraham.

יב. וְאֵלֶּה תֹּלְדֹת יִשְׁמָעֵאל בֶּן אַבְרָהָם אֲשֶׁר יָלְדָה הָגָר הַמִּצְרִית שִׁפְחַת שָׂרָה לְאַבְרָהָם:

13. And these are the names of the sons of Ishmael by their names, according to their births: the firstborn of Ishmael was Nebaioth, and Kedar and Adbe'el and Mibsam,

יג. וְאֵלֶּה שְׁמוֹת בְּנֵי יִשְׁמָעֵאל בִּשְׁמֹתָם לְתוֹלְדֹתָם בְּכֹר יִשְׁמָעֵאל נְבָיֹת וְקֵדָר וְאַדְבְּאֵל וּמִבְשָׂם:

by their names, according to their births: in the order of their birth, one after the other.

בשמותם לתולדותם: סדר לידתן זה אחר זה:  

14. And Mishma and Dumah and Massa,

יד. וּמִשְׁמָע וְדוּמָה וּמַשָּׂא:

15. Hadad and Tema, Jetur, Naphish, and Kedmah.

טו. חֲדַד וְתֵימָא יְטוּר נָפִישׁ וָקֵדְמָה:

16. These are the sons of Ishmael, and these are their names in their open cities and in their walled cities, twelve princes to their nations.

טז. אֵלֶּה הֵם בְּנֵי יִשְׁמָעֵאל וְאֵלֶּה שְׁמֹתָם בְּחַצְרֵיהֶם וּבְטִירֹתָם שְׁנֵים עָשָׂר נְשִׂיאִם לְאֻמֹּתָם:

in their open cities: [These are] unwalled cities, and the Targum renders: בְּפַצְחֵיהוֹן, for they are מְפֻצָחִים meaning open, as in (Ps. 98:4):“Open [your mouths] (פִּצְחוּ) and sing praises.”

בחצריהם: כרכים שאין להם חומה, ותרגומו בפצחיהון, שהם מפוצחים לשון פתיחה, כמו (תהלים צח ד) פצחו ורננו:

17. And these are the years of the life of Ishmael: one hundred years and thirty years and seven years; and he expired and died and was gathered to his people.

יז. וְאֵלֶּה שְׁנֵי חַיֵּי יִשְׁמָעֵאל מְאַת שָׁנָה וּשְׁלשִׁים שָׁנָה וְשֶׁבַע שָׁנִים וַיִּגְוַע וַיָּמָת וַיֵּאָסֶף אֶל עַמָּיו:

And these are the years of the life of Ishmael, etc.: Said Rabbi Chiyya bar Abba: Why were Ishmael’s years counted? In order to trace through them the years of Jacob. From the years of Ishmael we learn that Jacob studied in the academy of Eber for fourteen years after he left his father before arriving to Laban, for when Jacob left his father, Ishmael died, as it is said (below 28:9): “And Esau went to Ishmael, etc.” , as is delineated at the end of [the chapter entitled]“The Megillah is read” (Meg. 16b, 17a).

ואלה שני חיי ישמעאל וגו': אמר רבי חייא בר אבא למה נמנו שנותיו של ישמעאל, כדי לייחס בהם שנותיו של יעקב. מן שנותיו של ישמעאל למדנו ששמש יעקב בבית עבר ארבע עשרה שנה כשפירש מאביו קודם שבא אצל לבן, שהרי כשפירש יעקב מאביו מת ישמעאל, שנאמר (להלן כח ט) וילך עשו אל ישמעאל וגו', כמו שמפורש בסוף מגילה נקראת (מגילה יז א):

and he expired: Heb. וַיִגְוַע. [The term] גְוִיעָה is mentioned only regarding the righteous. — [B.B. 16b]

ויגוע: לא נאמרה גויעה אלא בצדיקים:

18. And they dwelt from Havilah to Shur, which borders on Egypt, going towards Asshur; before all his brothers he dwelt.

יח. וַיִּשְׁכְּנוּ מֵחֲוִילָה עַד שׁוּר אֲשֶׁר עַל פְּנֵי מִצְרַיִם בֹּאֲכָה אַשּׁוּרָה עַל פְּנֵי כָל אֶחָיו נָפָל:

he dwelt: [נָפָל means] “he dwelt” as in (Jud. 7: 12):“Now the Midianites and the Amalekites and all those of the East dwelt (נֹפְלִים) in the valley.” Here Scripture uses the term נְפִילָה, (falling), whereas there (above 16:12) it states:“And before all his brothers he will dwell (יִשְׁכֹּן) .” Before Abraham died, “he dwelt” ; after Abraham died,“he fell.” - [Gen. Rabbah 62:5]

נפל: שכן, כמו (שופטים ז יב) מדין ועמלק וכל בני קדם נופלים בעמק. כאן הוא אומר לשון נפילה, ולהלן הוא אומר על פני כל אחיו ישכון (לעיל טז יב), עד שלא מת אברהם ישכון, משמת אברהם נפל:

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Daily Tehillim: Psalms Chapter 104 ~ 107

Chapter 104

This psalm tells of the beauty of creation, describing that which was created on each of the six days of creation. It proclaims the awesomeness of God Who sustains it all-from the horns of the wild ox to the eggs of the louse.

1. My soul, bless the Lord! Lord my God, You are greatly exalted; You have garbed Yourself with majesty and splendor.

2. You enwrap [Yourself] with light as with a garment; You spread the heavens as a curtain.

3. He roofs His heavens with water; He makes the clouds His chariot, He moves [them] on the wings of the wind.

4. He makes the winds His messengers, the blazing fire His servants.

5. He established the earth on its foundations, that it shall never falter.

6. The depths covered it as a garment; the waters stood above the mountains.

7. At Your exhortation they fled; at the sound of Your thunder they rushed away.

8. They ascended mountains, they flowed down valleys, to the place which You have assigned for them.

9. You set a boundary which they may not cross, so that they should not return to engulf the earth.

10. He sends forth springs into streams; they flow between the mountains.

11. They give drink to all the beasts of the field; the wild animals quench their thirst.

12. The birds of the heavens dwell beside them; they raise their voice from among the foliage.

13. He irrigates the mountains from His clouds above; the earth is satiated from the fruit of Your works.

14. He makes grass grow for the cattle, and vegetation requiring the labor of man to bring forth food from the earth;

15. and wine that gladdens man's heart, oil that makes the face shine, and bread that sustains man's heart.

16. The trees of the Lord drink their fill, the cedars of Lebanon which He planted,

17. wherein birds build their nests; the stork has her home in the cypress.

18. The high mountains are for the wild goats; the rocks are a refuge for the rabbits.

19. He made the moon to calculate the festivals; the sun knows its time of setting.

20. You bring on darkness and it is night, when all the beasts of the forest creep forth.

21. The young lions roar for prey, and seek their food from God.

22. When the sun rises, they return and lie down in their dens.

23. Then man goes out to his work, to his labor until evening.

24. How manifold are Your works, O Lord! You have made them all with wisdom; the earth is full of Your possessions.

25. This sea, vast and wide, where there are countless creeping creatures, living things small and great;

26. there ships travel, there is the Leviathan that You created to frolic therein.

27. They all look expectantly to You to give them their food at the proper time.

28. When You give it to them, they gather it; when You open Your hand, they are satiated with goodness.

29. When You conceal Your countenance, they are terrified; when You take back their spirit, they perish and return to their dust.

30. When You will send forth Your spirit they will be created anew, and You will renew the face of the earth.

31. May the glory of the Lord be forever; may the Lord find delight in His works.

32. He looks at the earth, and it trembles; He touches the mountains, and they smoke.

33. I will sing to the Lord with my soul; I will chant praise to my God with my [entire] being.

34. May my prayer be pleasant to Him; I will rejoice in the Lord.

35. May sinners cease from the earth, and the wicked be no more. Bless the Lord, O my soul! Praise the Lord!

Chapter 105

When David brought the Holy Ark up to the City of David, he composed this psalm and sang it before the Ark. He recounts all the miracles that God performed for the Jews in Egypt: sending before them Joseph, who was imprisoned, only to be liberated by God, eventually attaining the status of one who could imprison the princes of Egypt without consulting Pharaoh.

1. Offer praise to the Lord, proclaim His Name; make His deeds known among the nations.

2. Sing to Him, chant praises to Him, speak of all His wonders.

3. Glory in His holy Name; may the heart of those who seek the Lord rejoice.

4. Search for the Lord and His might; seek His countenance always.

5. Remember the wonders that He has wrought, His miracles, and the judgements of His mouth.

6. O descendants of Abraham His servant, children of Jacob, His chosen ones:

7. He is the Lord our God; His judgements extend over the entire earth.

8. He remembers His covenant forever, the word which He has commanded to a thousand generations;

9. the covenant which He made with Abraham, and His oath to Isaac.

10. He established it for Jacob as a statute, for Israel as an everlasting covenant,

11. stating, "To you I shall give the land of Canaan"-the portion of your inheritance,

12. when they were but few, very few, and strangers in it.

13. They wandered from nation to nation, from one kingdom to another people.

14. He permitted no one to wrong them, and admonished kings for their sake:

15. "Do not touch my anointed ones, and do not harm my prophets.”

16. He called for a famine upon the land; he broke every source of bread.

17. He sent a man before them; Joseph was sold as a slave.

18. They afflicted his foot with chains, his soul was put into iron;

19. until the time that His words came, the decree of the Lord purified him.

20. The king sent [word] and released him, the ruler of nations set him free.

21. He appointed him master of his house and ruler of all his possessions,

22. to imprison his princes at will, and to enlighten his elders.

23. Thus Israel came to Egypt, and Jacob sojourned in the land of Ham (Egypt).

24. He multiplied His nation greatly, and made it mightier than its adversaries.

25. He turned their hearts to hate His nation, to conspire against His servants.

26. He sent Moses, His servant; Aaron, whom He had chosen.

27. They placed among them the words of His signs, miracles in the land of Ham.

28. He sent darkness and made it dark, and they did not defy His word.

29. He transformed their waters to blood, and killed their fish.

30. Their land swarmed with frogs in the chambers of their kings.

31. He spoke, and hordes of wild beasts came, and lice throughout their borders.

32. He turned their rains to hail, flaming fire in their land;

33. it struck their vine and fig tree, it broke the trees of their borders.

34. He spoke, and grasshoppers came, locusts without number;

35. and it consumed all grass in their land, it ate the fruit of their soil.

36. Then He smote every firstborn in their land, the first of all their potency.

37. And He took them out with silver and gold, and none among His tribes stumbled.

38. Egypt rejoiced at their leaving, for the fear [of Israel] had fallen upon them.

39. He spread out a cloud for shelter, and a fire to illuminate the night.

40. [Israel] asked, and He brought quail, and with the bread of heaven He satisfied them.

41. He opened a rock and waters flowed; they streamed through dry places like a river,

42. for He remembered His holy word to Abraham His servant.

43. And He brought out His nation with joy, His chosen ones with song.

44. He gave them the lands of nations, they inherited the toil of peoples,

45. so that they might keep His statutes and observe His laws. Praise the Lord!

Chapter 106

The psalmist continues the theme of the previous psalm, praising God for performing other miracles not mentioned previously, for "who can recount the mighty acts of God?" Were we to try, we could not mention them all!

1. Praise the Lord! Praise the Lord for He is good, for His kindness is everlasting.

2. Who can recount the mighty acts of the Lord, or proclaim all His praises?

3. Fortunate are those who preserve justice, who perform deeds of righteousness all the time.

4. Remember me, Lord, when You find favor with Your people; be mindful of me with Your deliverance;

5. to behold the prosperity of Your chosen, to rejoice in the joy of Your nation, to glory with Your inheritance.

6. We have sinned as did our fathers, we have acted perversely and wickedly.

7. Our fathers in Egypt did not contemplate Your wonders, they did not remember Your abundant kindnesses, and they rebelled by the sea, at the Sea of Reeds.

8. Yet He delivered them for the sake of His Name, to make His strength known.

9. He roared at the Sea of Reeds and it dried up; He led them through the depths, as through a desert.

10. He saved them from the hand of the enemy, and redeemed them from the hand of the foe.

11. The waters engulfed their adversaries; not one of them remained.

12. Then they believed in His words, they sang His praise.

13. They quickly forgot His deeds, they did not wait for His counsel;

14. and they lusted a craving in the desert, they tested God in the wilderness.

15. And He gave them their request, but sent emaciation into their souls.

16. They angered Moses in the camp, and Aaron, the Lord's holy one.

17. The earth opened and swallowed Dathan, and engulfed the company of Abiram;

18. and a fire burned in their assembly, a flame set the wicked ablaze.

19. They made a calf in Horeb, and bowed down to a molten image.

20. They exchanged their Glory for the likeness of a grass-eating ox.

21. They forgot God, their savior, Who had performed great deeds in Egypt,

22. wonders in the land of Ham, awesome things at the Sea of Reeds.

23. He said that He would destroy them-had not Moses His chosen one stood in the breach before Him, to turn away His wrath from destroying.

24. They despised the desirable land, they did not believe His word.

25. And they murmured in their tents, they did not heed the voice of the Lord.

26. So He raised His hand [in oath] against them, to cast them down in the wilderness,

27. to throw down their progeny among the nations, and to scatter them among the lands.

28. They joined themselves to [the idol] Baal Peor, and ate of the sacrifices to the dead;

29. they provoked Him with their doings, and a plague broke out in their midst.

30. Then Phineas arose and executed judgement, and the plague was stayed;

31. it was accounted for him as a righteous deed, through all generations, forever.

32. They angered Him at the waters of Merivah, and Moses suffered on their account;

33. for they defied His spirit, and He pronounced [an oath] with His lips.

34. They did not destroy the nations as the Lord had instructed them;

35. rather, they mingled with the nations and learned their deeds.

36. They worshipped their idols, and they became a snare for them.

37. They sacrificed their sons and daughters to demons.

38. They spilled innocent blood, the blood of their sons and daughters whom they sacrificed to the idols of Canaan; and the land became guilty with blood.

39. They were defiled by their deeds, and went astray by their actions.

40. And the Lord's wrath blazed against His people, and He abhorred His inheritance;

41. so He delivered them into the hands of nations, and their enemies ruled them.

42. Their enemies oppressed them, and they were subdued under their hand.

43. Many times did He save them, yet they were rebellious in their counsel and were impoverished by their sins.

44. But He saw their distress, when He heard their prayer;

45. and He remembered for them His covenant and He relented, in keeping with His abounding kindness,

46. and He caused them to be treated mercifully by all their captors.

47. Deliver us, Lord our God; gather us from among the nations, that we may give thanks to Your Holy Name and glory in Your praise.

48. Blessed is the Lord, the God of Israel, forever and ever. And let all the people say, "Amen! Praise the Lord!"

Chapter 107

This psalm speaks of those who are saved from four specific perilous situations(imprisonment, sickness, desert travel, and sea travel) and must thank God, for their sins caused their troubles, and only by the kindness of God were they saved. It is therefore appropriate that they praise God and tell of their salvation to all.

1. Give thanks to the Lord for He is good, for His kindness is everlasting.

2. So shall say those redeemed by the Lord, those whom He redeemed from the hand of the oppressor.

3. He gathered them from the lands-from east and from west, from north and from the sea.

4. They lost their way in the wilderness, in the wasteland; they found no inhabited city.

5. Both hungry and thirsty, their soul languished within them.

6. They cried out to the Lord in their distress; He delivered them from their afflictions.

7. He guided them in the right path to reach an inhabited city.

8. Let them give thanks to the Lord, and [proclaim] His wonders to the children of man,

9. for He has satiated a thirsting soul, and filled a hungry soul with goodness.

10. Those who sit in darkness and the shadow of death, bound in misery and chains of iron,

11. for they defied the words of God and spurned the counsel of the Most High-

12. He humbled their heart through suffering; they stumbled and there was none to help.

13. They cried out to the Lord in their distress; He saved them from their afflictions.

14. He brought them out of darkness and the shadow of death, and sundered their bonds.

15. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man,

16. for He broke the brass gates and smashed the iron bars.

17. Foolish sinners are afflicted because of their sinful ways and their wrongdoings.

18. Their soul loathes all food, and they reach the gates of death.

19. They cried out to the Lord in their distress; He saved them from their afflictions.

20. He sent forth His command and healed them; He delivered them from their graves.

21. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.

22. Let them offer sacrifices of thanksgiving, and joyfully recount His deeds.

23. Those who go down to the sea in ships, who perform tasks in mighty waters;

24. they saw the works of the Lord and His wonders in the deep.

25. He spoke and caused the stormy wind to rise, and it lifted up the waves.

26. They rise to the sky, plunge to the depths; their soul melts in distress.

27. They reel and stagger like a drunkard, all their skill is to no avail.

28. They cried out to the Lord in their distress, and He brought them out from their calamity.

29. He transformed the storm into stillness, and the waves were quieted.

30. They rejoiced when they were silenced, and He led them to their destination.

31. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.

32. Let them exalt Him in the congregation of the people, and praise Him in the assembly of the elders.

33. He turns rivers into desert, springs of water into parched land,

34. a fruitful land into a salt-marsh, because of the wickedness of those who inhabit it.

35. He turns a desert into a lake, and parched land into springs of water.

36. He settles the hungry there, and they establish a city of habitation.

37. They sow fields and plant vineyards which yield fruit and wheat.

38. He blesses them and they multiply greatly, and He does not decrease their cattle.

39. [If they sin,] they are diminished and cast down through oppression, misery, and sorrow.

40. He pours contempt upon distinguished men, and causes them to stray in a pathless wilderness.

41. He raises the needy from distress, and makes their families [as numerous] as flocks.

42. The upright observe this and rejoice, and all the wicked close their mouth.

43. Let him who is wise bear these in mind, and then the benevolent acts of the Lord will be understood.

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Tanya: Iggeret HaKodesh, middle of Epistle 29 & Iggeret HaKodesh, middle of Epistle 29

Friday, Cheshvan 21, 5704 ~ 25 October 2013 ~~ Saturday (Shabbat), Cheshvan 22, 5774 ~ 26 October 2013

Iggeret HaKodesh, middle of Epistle 29

The Alter Rebbe now goes on to explain that in addition to this function of mitzvot as garments for the soul, they also serve to unite the sublime spiritual level of Keter, with the physical objects with which the commandments are performed. As such, they resemble pillars that connect the highest part of a house with the lowest.

והנה רצון העליון ב"ה מכונה ונקרא בפי חכמי האמת בשם כתר עליון ובו תר"ך עמודי אור וכו'

Now the Supernal Will is termed and referred to by the Kabbalists1 as Keter Elyon ["the Supreme Crown"]. In it there are 620 pillars of light,2 620 being the numerical equivalent of the Hebrew word Keter.

פי' דרך משל כמו שיש עמודים בבית חומה גדול נצבים בארץ וראשם מחובר בתקרה

That is, by way of analogy, just as in a large brick house3 there are pillars standing in the ground and their apex is connected with the ceiling,thereby connecting the lowest part of the house with the highest,

ככה ממש עד"מ כתר עליון ב"ה הוא למעלה מבחי' מדרגת החכמה

precisely so, metaphorically speaking, the Supernal Keter transcends the level of Chochmah,which is the first and highest of the inner Sefirot.

והוא מלשון כותרת שהוא מכתיר ומקיף על המוחין שבראש שהם בחי' חב"ד

[The word Keter] is related to koteret "[capital]",4 for it surrounds and encompasses over the brains in the head, i.e.,the faculties of ChaBaD – the faculties of Chochmah, Binah and Daat.

ורצון זה נתלבש בתרי"ג מצות התורה וז' מצות דרבנן שרובם ככולם הן מצות מעשיות

This [Supernal] Will is vested in the 613 commandments of theTorah and the seven precepts of the Sages, practically all of which are operative commandments.I.e., their performance involves physical action, which represents the lower or corporeal aspect of the lowest of the four spiritual "worlds", the World of Asiyah ("the World of Action".

וגם התלויות בדבור

And even those commandments [such as verbalized Torah study]that depend upon speech, nevertheless, even though speech is more spiritual than physical action, they too belong to the category of practical action,

הא קיי"ל דעקימת שפתיו הוי מעשה

for we have an accepted halachic principle that5 "the movement of one's lips [in speech] is regarded as an act."

וגם התלויות במחשבה או בלב

And even those commandments relating to thought or to the heart, such as the commandments regarding the love and awe of G-d, are also considered as physical acts.

הרי המצוה ניתנה לאדם הגשמי שבעוה"ז דוקא

For the commandments6 were given only to physical man in this [physical] world,

שהוא בעל בחירה להטות לבבו לטוב וכו'. משא"כ הנשמה בלא גוף א"צ לצותה ע"ז

because he has the choice to turn his heart to good, and so on.7 The soul without a body, however, need not be commanded about this.

ונמצא שהמצות הן עד"מ כמו העמודים נצבים מרום המעלות הוא רצון העליון ב"ה עד הארץ הלזו החומרית

Thus it follows that the commandments, metaphorically speaking, are like pillars that stand [and connect] from the highest of levels, viz., the Supernal Will, to this material world.

והן עד"מ כמו העמודים חלולין שמקיפין ומלבישין נשמת האדם או רוחו או נפשו כשמקיים המצות

Metaphorically speaking, they are like hollow pillars that encompass and garb [with the garment of mitzvot] man's Neshamah,or Ruach, or Nefesh, when he fulfills the commandments.

ודרך עמודים אלו עולין הנר"ן שלו עד רום המעלות לצרור בצרור החיים את ה'. פי' להיות צרורות ומלובשות באור הכתר הוא רצון העליון ב"ה

By way of these pillars [of the mitzvot], his Nefesh, Ruach and Neshamah [abbreviated naran] ascend to the highest of levels, to be bound up8 "in the bond of life with G-d," that is, to be bound up and vested in the light of Keter, which is the Supernal Will, the highest level of all the worlds.

וע"י לבוש זה יוכלו לחזות בנועם ה' וצחצחות שלמעלה ממעלת הכתר והן פנימיותו עד"מ

And by means of this garment they are able to behold the "pleasantness of G-d" and the "pleasurable thirst" which transcend the level of Keter and, metaphorically speaking, are its pnimiyut.I.e., the "pleasantness of G-d" and the "pleasurable thirst "are the inner core of the light of Keter, which transcends all worlds.

(והגם שנתבאר במ"א שהמצות הן פנימיות רצון העליון ב"ה

9(Though it is explained elsewhere that the commandments are the pnimiyut i.e., the innermost element] of the Supernal Will, while here it is explained that they are merely the external aspect of Keter, i.e., the external aspect of the Supernal Will,

הנה מודעת זאת לי"ח ריבוי בחי' ומדרגות שיש בכל בחי' ומדרגה ממדרגות הקדושה

those adept in the Hidden Wisdom [i.e., Kabbalah] are well acquainted with the multitude of aspects and levels within every aspect and level among the various levels of holiness.

כמה בחי' פנים לפנים וכמה בחי' אחוריים לאחוריים לאין קץ וכו')

There are numerous aspects of "face to face," meaning (since panim is related to pnimiyut) that relative to a particular spiritual level, another level is even more "internal", or nearer to the Essence], and there are numerous aspects of "externality to externality," meaning the reverse, without end....)

Thus, relative to the internal level of the Supernal Will spoken about here, mitzvot are only termed "external", whereas in another context, when compared to a lower level, they are deemed the "internal" aspect of the Supernal Will.

* * *

The Alter Rebbe above called the commandments the 620 pillars of light of Keter. How does this agree with his previous statement, that the 613 garments of the mitzvot correspond to the 613 soul-powers?

The Alter Rebbe now answers that the seven commandments of the Sages (which bring the total to 620) are not self-sufficient mitzvot, but are branches of the Scriptural commandments from which they respectively derive. The soul thus has 613 garments that derive from the 613commandments, the Rabbinic mitzvot included. These garments garb the 613 powers of the soul.

והנה ז' מצות דרבנן אינן נחשבות מצות בפני עצמן שהרי כבר נאמר לא תוסף

Now, the seven precepts of the Sages are not counted as commandments in themselves, for it has been said,10 "You shall not add [to the commandments]."

אלא הן יוצאות ונמשכות ממצות התורה וכלולות בהן במספר תרי"ג להלביש תרי"ג בחי' וכחות שבנר"ן האדם

Rather, they derive and issue from the commandments of the Torah, and are included in them in the sum of 613 [commandments], which garb the 613 aspects and powers in the Nefesh, Ruach, and Neshamah of man.

It was previously stated that the mitzvot are like 613 hollow pillars that encompass and garb the Neshamah, or Ruach, or Nefesh of the individual who performs the commandments. It is through these pillars that the soul rises to the greatest of heights, and is bound up in the radiance of Keter. Additionally, it is through the garment of the mitzvot that the soul is able to behold "the pleasantness of G-d" and to experience the "pleasurable thirst" that transcend even the pnimiyut of Keter.

FOOTNOTES

1.Lit., "the scholars of truth.".

2.Pardes, Shaar 8, ch. 3.

3.Note of the Rebbe: "The analog to this requires clarification.".

4.I Melachim 7:16, et al.

5.Sanhedrin 65a.

6.Lit., "the commandment."

7.The phrase "and so on" is a euphemism for "or to evil."

8.I Shmuel 25:29.

9.Parentheses are in the original text.

10.Devarim 13:1.

Iggeret HaKodesh, middle of Epistle 29

וז"ש בזוה"ק פ' פקודי (דרכ"ט ע"ב) דאינון עובדין טבין דעביד בר נש משכי מנהורא דזיווא עילאה לבושא כו' וחמי כו' בנועם ה' וכו'

This is the meaning of the statement in the sacred Zohar, Parshat Pekudei (p. 229b), that "the good deeds (i.e., the mitzvot) which man does, elicit a garment from the light of the Supernal Splendor... (i.e., from the level of Keter), and they behold ...the 'pleasantness of G-d...,"' and also, as the Zohar concludes, they experience the "pleasurable thirst" (i.e., the pnimiyut of Keter).

והגם דהתם מיירי בג"ע התחתון שהלבושים שם הם ממצות מעשיות ממש

Though there [the Zohar] speaks of the Lower Garden of Eden, where the garments derive from the truly practical commandments, so that they result not from the Supernal Will, as above, but from the merit of physical action,

אבל בג"ע העליון הלבושים הם מרעותא וכוונה דלבא באורייתא וצלותא כמ"ש בזהר שם (דר"י)

while in the Upper Garden of Eden the garments derive from the love and devotion of the heart with respect to Torah and prayer, as stated in the Zohar ad loc. (p. 210).

The Zohar states that once the soul possesses, while in the Lower Garden of Eden, the garments of the mitzvot that derive from physical actions, it then rises to the upper Garden of Eden.

הרי הכוונה היא כוונת עסקו בתורה לשמה מאהבת ה'

However, this devotion [from whence these garments derive] refers to the devotion of one's occupation with Torah for its own sake, out of one's love for G-d.

ומצות ת"ת היא ג"כ מכלל מצות מעשיות

The commandment to study Torah also belongs to the class of practical commandments,

דעקימת שפתיו הוי מעשה והרהור לאו כדבור דמי ואינו יוצא י"ח בהרהור לבדו

for1 "the movement of one's lips [in speech] is regarded as an act," and2 "meditation does not count as speech"; thus one does not discharge his duty by meditation alone.3

וכן בתפלה

The same applies to prayer4; here, too, one must actually articulate the words.

Since both Torah study and prayer require action, even the garments that are created by devout Torah and prayer are considered to be derived from the tangible and active aspect of mitzvot; they, too, are garments that derive from the light of Keter].

ומה גם כי מעלת הכוונה על הדבור ומעשה אינה מצד עצמה כו'

And certainly so, considering that the superiority of devotion (kavanah) over speech and action in as much as devotion can create garments for the soul in the Upper Garden of Eden] is not due to its own merits..., as in the loving service of G-d,

אלא מצד הארת רצון העליון כו'

but because of the radiation from the Supernal Will...,

When a mitzvah is performed, the radiation of the Supernal Willis more manifest in its more spiritual aspect - in its devout and loving intent - than in its tangible and physical aspect.

כמ"ש בלק"א ח"א פל"ח באריכות ע"ש

as explained at length in Likkutei Amarim, Part I, ch. 38; see there.

The Alter Rebbe explains there that the illumination from the Supernal Will that shines within the devotion that accompanies an action, is likened to a "soul", relative to the illumination that shines in the action itself, which is likened to a "body" or garment for the soul.

The difference is thus only in the degree of contraction or emanation of this radiation. From the above it is clear that even the garments for the soul that are created from the devotion and feeling that accompany Torah and prayer, also result only from the radiation of the Supernal Will, which is the Supernal Keter.

* * *

FOOTNOTES

1.Sanhedrin 65a.

2.Berachot 20b.

3.The Alter Rebbe's Shulchan Aruch, Hilchot Talmud Torah 2:12; see also Eruvin 54b.

4.The Alter Rebbe's Shulchan Aruch 62:3 and 185:3.

~~~~~~~

• Rambam: Sefer Hamitzvos:

Daily Mitzvah

P245 & P245

Positive Commandment 245 (Digest)
Transactions

"And if you sell something to your neighbor..."—Leviticus 25:14.

We are commanded regarding the various methods that effect transactions, i.e., the ways to transfer property from one individual to another (or, in the case of a guardian of an object, the transfer of jurisdiction).

The 245th mitzvah is that we are commanded regarding the laws of buying and selling, i.e. the ways in which purchases and sales between the buyers and the sellers become legally binding.

The Torah taught about one method in G‑d's statement1 (exalted be He), "When you sell something to your neighbor, [or buy something from your neighbor's hand...]" Our Sages said,2 "[The word 'hand' teaches that the sale] refers to something which can pass from one hand to another," i.e. meshichah [physically moving the object].

It is explained that in Biblical law, transfer of money is sufficient to complete the transaction, and meshichah is necessary only by Rabbinic decree, as is mesirah [giving the vehicle of control, e.g. the reins of a horse, to the buyer] and hagba'ah [lifting the object].

The Gemara3 explicitly says, "Just as our Sages enacted a requirement of meshichah in order for a sale to be valid, so too they required meshichah in order for a watchman relationship to become valid." It is therefore clear that the requirement of meshichah in buying and selling is of Rabbinic origin, as explained in the relevant place.

However, other methods of acquiring land, etc., i.e. by means of a document or chazakah4 are traced5 to Biblical verses [and are therefore of Biblical, not Rabbinic, origin].

The details of this mitzvah — i.e. the manners of finalizing a sale in each category — are explained in the 1st chapter of tractate Kiddushin, the 4th and 8th chapters of Bava Metzia, and the 3rd, 4th, 5th, 6th, and 7th chapters of Bava Basra.

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

FOOTNOTES

1.Lev. 25:14.

2.Bava Metzia 47b.

3.Ibid., 99a.

4.Such as building something on the land.

5.See Kiddushin 26a.

Important Message Regarding This Lesson

The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.

Positive Commandment 245 (Digest)
Transactions

"And if you sell something to your neighbor..."—Leviticus 25:14.

We are commanded regarding the various methods that effect transactions, i.e., the ways to transfer property from one individual to another (or, in the case of a guardian of an object, the transfer of jurisdiction).

The 245th mitzvah is that we are commanded regarding the laws of buying and selling, i.e. the ways in which purchases and sales between the buyers and the sellers become legally binding.

The Torah taught about one method in G‑d's statement1 (exalted be He), "When you sell something to your neighbor, [or buy something from your neighbor's hand...]" Our Sages said,2 "[The word 'hand' teaches that the sale] refers to something which can pass from one hand to another," i.e. meshichah [physically moving the object].

It is explained that in Biblical law, transfer of money is sufficient to complete the transaction, and meshichah is necessary only by Rabbinic decree, as is mesirah [giving the vehicle of control, e.g. the reins of a horse, to the buyer] and hagba'ah [lifting the object].

The Gemara3 explicitly says, "Just as our Sages enacted a requirement of meshichah in order for a sale to be valid, so too they required meshichah in order for a watchman relationship to become valid." It is therefore clear that the requirement of meshichah in buying and selling is of Rabbinic origin, as explained in the relevant place.

However, other methods of acquiring land, etc., i.e. by means of a document or chazakah4 are traced5 to Biblical verses [and are therefore of Biblical, not Rabbinic, origin].

The details of this mitzvah — i.e. the manners of finalizing a sale in each category — are explained in the 1st chapter of tractate Kiddushin, the 4th and 8th chapters of Bava Metzia, and the 3rd, 4th, 5th, 6th, and 7th chapters of Bava Basra.

FOOTNOTES

1.Lev. 25:14.

2.Bava Metzia 47b.

3.Ibid., 99a.

4.Such as building something on the land.

5.See Kiddushin 26a.

~~~~~~~

• Rambam ~ 1 Chapter a day: Tum'at Met Chapter 22 & Tum'at Met Chapter 23

Chapter 22

Halacha 1

The handles of a large earthenware container, the bulges at the bottom of such a container, and the back of its walls do not protect their contents when sealed close in a tent where a corpse is located. If one cut them off, planed them, and made them into containers, they protect their contents if sealed close. The rationale is that the concept of sealing something close applies only to containers.

Halacha 2

When clay is put into an earthenware container and filled half of it, it does not nullify it from being considered as a container. If keilim are sunk in that clay and the container is sealed close, the contents are protected from impurity.

Halacha 3

An earthenware container protects its contents from impurity when sealed close unless it is perforated with a hole large enough for a pomegranate to fall through. If it is large, the majority of it must be damaged and open for it to be disqualified.

What is implied? If there was a large container and half was damaged, it was sealed close, including the damaged portion, it protects its contents from impurity even though it is not considered a utensil with regard to impurity. If, however, a container that was sealed close had a hole or a crack and the hole was not closed, it becomes impure and does not protect its contents.

How large must the hole be to disqualify the container? If the container was used for foods, the measure is a hole large enough for olives to fall through. If it was used for liquids, its measure is that the hole must be large enough to enable liquids to seep in when the container is placed in them. If it is used for both these purposes, we rule stringently and if a hole was made that was large enough for liquids to seep in, it does not protect its contents until the hole is closed or reduced in size.

Halacha 4

The following rules apply when there was an oven in an ohel where a corpse was located. The oven had a covering upon it, it was sealed close, but it was cracked. If the crack was as wide as the opening of the rod of a plow which is a handbreadth in circumference, the oven is impure even though the rod could not be inserted into the oven through the hole, but the hole was equal to its size. If the hole was smaller than this, the oven is pure.

If the covering was cracked to the extent that the rod of a plow could enter, it is impure. If it is less, it protects its contents with a sealed covering. If the crack is round, we do not consider it as if it was long. Instead, the measure is dependent on whether the opening of the rod of a plow could be inserted.

Halacha 5

The following rules apply when an oven that is sealed close has an eye that was partially closed with clay. If the hole was large enough for a reed to be inserted and taken out while it was burning, the contents of the oven are impure. If the hole is smaller than this, the contents are protected.

Halacha 6

When an oven has a hole at its side, the size of the hole that causes it to not to be considered as sealed is enough space for a reed to be inserted and taken out even when it was not burning. Similarly, when the clay seal of a jug was perforated, the measure is space for the second joint of a rye stalk to be inserted in the hole. Similarly, when large casks were perforated, the measure is space for the second joint of a reed to be inserted. If they are less than this, they are pure.

When does the above apply? When they were made to store wine. If, however, they were made to store other liquids, a hole of even the slightest size causes them to contract impurity and the fact that they are sealed close is not effective unless the hole was closed. Moreover, even if they were made for wine, the above applies only when they were not perforated by human hands. If, however, they were perforated by human hands, even the slightest hole causes them to contract impurity and they are not protected unless the hole is closed.

Halacha 7

When a jug that is filled with pure liquids has an earthenware tube in it, it is considered as sealed close. If it is located in an ohel where a corpse is found, the jug and the liquid are pure. The tube is impure, because one end of it is in the jug which is sealed close and the second end is open in the ohel where the corpse is found and it is not closed. Even though it is crooked, this does not cause it to be considered as closed.

Halacha 8

When a jug that was sealed close had a hole on its side, but that hole was closed by wine dregs, it protects its contents from impurity. If the owner plugged half the hole and the dregs closed the other half, there is an unresolved question whether the contents are protected or not.

If one plugged the hole with a twig, it is not considered as closed unless one smears clay around the sides. If one closed it with two slivers of wood, one must smear clay from the sides and between one sliver and the other. Similarly, if a board was placed over the opening to an oven and one smeared clay at the sides, it is protected from impurity. If there were two boards, one must smear clay from the sides and between one board and the other. If, however, one joined the boards together with wooden pegs or the like or with cork, it is not necessary to smear clay in the middle.

With what can a jug be sealed close? With lime, clay, gypsum, pitch, wax, mud, filth, mortar, or any substance that can be smeared. We do not seal with tin or lead, because it will not be a seal, nor will it close the container tightly. A plump fig that was not prepared to contract ritual impurity may be used as a seal. This also applies with regard to a dough that was kneaded with fruit juice so that it will not become impure. These qualifications are necessary, because an impure object cannot intervene in the face of impurity.

Halacha 9

When the covering of a jug has become loose, even when it does not slip off, it no longer protects the contents, for it is not considered as sealed.

When a rubber ball or strands tied together were placed on a jug and clay was smeared at the sides, it does not protect the contents unless clay was smeared on the entire ball or collection of strands from below upward. Similar concepts apply with regard to a patch of cloth that was tied to a container. If a covering of paper or leather was tied over a container with string, it protects the contents if one merely smeared clay at the sides.

Halacha 10

When a jug was enwrapped in a container made from the skin of a fish or from paper and it was tied close from below, the contents are protected. If it was not tied, it does not protect the contents, even if clay was smeared at the sides.

Halacha 11

The following rules apply when there was a jug that was covered with pitch from the inside and then a portion of the clay of the jug was peeled off, but the pitch remained standing. If one placed a covering on the pitch and pressed it down until it became attached to the pitch and thus the pitch was standing between the covering and the based of the jug, its contents are protected.

Similar concepts apply with regard to a container used for fish brine or the like. If one of the substances that is smeared as insulation for the container was standing between the covering and the container like a border, since everything was attached together, the contents are protected.

Chapter 23

Halacha 1

When the contents of any implement that is sealed close are protected from impurity, all of the contents are protected: food, liquids, clothes, and keilim that can be purified in a mikveh.

This is the Scriptural Law. According to Rabbinic Law, however, earthenware containers which are sealed close protect only foods, liquids, and other earthenware containers inside of it. If, however, keilim that can be purified in a mikveh or garments were in an earthenware container that was sealed close, they are impure.

Why did the Sages decree that they do not protect everything like other containers that protect their contents from impurity? Because the other containers that protect their contents do not contract impurity and earthenware containers do contract impurity. An impure container does not intervene in the face of impurity and all of the containers of the common people can be assumed to be ritually impure, as will be explained.

Why did the Sages not decree: an earthenware container of a common person does not protect anything from impurity, but a container belong to a chaver does protect everything because it is pure? Because a common person does not consider himself as impure. He will say: Since an earthenware container that is sealed close protects all its contents, there is no difference between me and a chaver. Therefore the Sages decreed that the seal should not protect everything.

Why did they say that it protects food, liquids, and earthenware containers from impurity? Because these three types of entities are impure because they come from a common person regardless, before they were in an ohel where a corpse is located or after they were though they were in a container that was sealed close. A chaver will never borrow food, liquids, or earthenware containers from a common person except under the assumption that they are impure, for these entities can never be purified. Thus a stumbling block will never arise.

A chaver will, however, borrow keilim that can be purified in a mikveh from a common person. He will immerse them in a mikveh to purify them from the impurity they contracted from being touched by a common person, leave them until the evening and then use them for pure food. Therefore our Sages were concerned that a chaver will borrow keilim that can be purified in a mikveh from a common person that were sealed close in one of his earthenware containers. Now the common person will think that this container was protected, when in truth it has contracted the impurity that lasts seven days. The chaver will immerse these containers, leave them until the evening and then use them for pure food. Thus a stumbling block will arise. This is the reason it was decreed that sealing an earthenware container close would not protect the keilim that can be purified in a mikveh which were in it.

Halacha 2

When a person was placed inside a cask that was sealed close, he is pure. This applies even if the cask was made a covering for a grave. It appears to me that the Sages did not decree that an earthenware container sealed close would not protect a person from impurity, because it is an infrequent situation. And our Sages did not enact decrees concerning infrequent situations.

Halacha 3

The word of common people is accepted with regard to a container used for the ashes of the red heifer or sacred foods if they say they are pure. The rationale is that even common people are very careful in this regard. Therefore all entities are protected from impurity when their container is sealed close even though it is of earthenware.

Halacha 4

The following laws apply when there is an aperture between a home and a loft and there is an earthenware dish placed over the aperture. If the dish has a hole large enough to allow liquids to seep in, the dish is impure, but the loft is pure.

If the dish is intact, everything in the loft - food, liquids, and earthenware containers - is pure, but a person and keilim that can be purified in a mikveh are impure, for an earthenware container intervenes in the face of impurity only for food, liquids, and earthenware containers. Everything in the loft is pure, as if it is in an earthenware container that is sealed close. A person in the loft was deemed impure, because that is a common situation. Therefore if there was a metal container or the like filled with liquids in this loft, the container contracts the impurity that lasts seven days, but the liquids are pure.

If there was a woman kneading dough in a wooden kneading trough in this loft, the woman and the kneading trough contract the impurity that lasts seven days, but the dough is pure as long as the woman is kneading it. If she ceased and then touched it again, she imparts impurity to it. Similarly, if one moved the dough or the liquids to another one of the keilim that can be purified in a mikveh that were in the loft, they become impure due to contact with the other container.

If the k'li covering the aperture was one that was not susceptible to impurity and which protect their contents when sealed close, as we explained, in which instance, contact with a common person does not render them impure, or the k'li was an earthenware container that was pure and intended to be used for the ashes of the red heifer or for consecrated foods, in which instance everyone's word is accepted with regard to their purity, it protects everything in the loft. even though its roof is not positioned over the loft. The rationale is that a tent protects when it covers, as we explained.

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• Rambam ~ 3 Chapters: Mechirah Chapter One, Mechirah Chapter Two, Mechirah Chapter Three & Mechirah Chapter Four, Mechirah Chapter Five, Mechirah Chapter Six

Chapter One

'In the name of the Lord, eternal God'

"The beginning of wisdom: Acquire wisdom; with all your resources, gain understanding" (Proverbs 4:7)

THE TWELFTH BOOK

SEFER KINYAN The Book of Acquisition

This book contains five halachot, which are arranged in the following order:

Hilchot Mechirah - The Laws of Selling

Hilchot Zechiyah UMatanah - The Laws of Acquisition and Gifts

Hilchot Sh'chenim - The Laws Governing Relations Between Neighbors

Hilchot Sh'luchin V'Shutafin - The Laws Governing Relations with Agents

and Partners

Hilchot Avadim - The Laws Governing Servants

Halacha 1

An article is not acquired merely through a verbal agreement. This applies even when witnesses testify that the principals have reached an agreement.

What is implied? A person says: "I am selling you this house," "I am selling you this wine," or "I am selling you this servant," and a price is fixed. The purchaser agrees and says: "I have purchased it," the seller says: "I have sold it," and they tell witnesses: "Serve as witnesses that so and so has sold and so and so has purchased", their words are of no consequence. It is as if they had never spoken to each other at all. The same applies with regard to a person who gives a gift and its recipient.

Halacha 2

If, however, the purchase is completed through one of the media by which property is transferred, the purchaser acquires the object. There is no need for witnesses; neither the seller or the purchaser may retract.

Halacha 3

How is an acquisition made? Landed property can be acquired in one of three ways: a) through the transfer of money, b) through the transfer of a deed of sale, or c) through chazakah (manifesting one's ownership).

Halacha 4

How is property acquired through the transfer of money? If one person sold another person a house or a field, and the purchaser gave him the money agreed upon, he acquires it. When does the above apply? In a place where it is not customary to write a deed of sale. In a place where it is customary to write a deed of sale, however, the purchaser does not acquire the property until a deed is composed.

Landed property cannot be acquired for less than a p'rutah's worth.

Halacha 5

If the purchaser makes the following stipulation: "If I desire, I will acquire it through the transfer of money, or if I desire I will acquire it through the transfer of a deed of sale," and gives money on the basis of this stipulation, it is established as a binding condition. Once the money has been paid, the seller cannot retract, because of the stipulation. The purchaser can, however, retract until the deed of sale is written.

Similar laws apply if the seller makes such a condition.

Halacha 6

When a person tells a colleague: "Give so and so a maneh and you will acquire my house," once the colleague makes the payment, he acquires the house. This is an extension of the laws applying to a guarantor.

Halacha 7

How is property acquired through the transfer of a deed of sale? The seller writes for the purchaser on a piece of paper, on a shard or on a leaf. "My field is given to you," or "My field is sold to you." Once the deed reaches the purchaser's hand, he acquires the field, even though there are no witnesses at all, and despite the fact that the document itself is of no financial value. When does the above apply? When a person sells his field because it is undesirable. With regard to other landed property, by contrast, even though the deed of sale reaches the purchaser's hand and is signed by witnesses, the purchaser does not acquire the property until he pays its price.

Halacha 8

How is property acquired through the manifestation of ownership? If a person sold a colleague a house or a field or gave him such properties as a gift, the purchaser or the recipient acquires the property when he locks the entrance to the property, encloses the property with even the slightest portion of a fence or breaks through even the slightest portion of one of the walls surrounding the property, provided his deeds bring him benefit.

When does the above apply? When the person manifests his ownership in the presence of the seller or the one who gives the gift. If, however, he does so outside the presence of the seller or the one who gives the gift, the seller or the giver must tell him: "Go, manifest possession over it and acquire it." If this statement is made, and afterwards the purchaser or the recipient manifests possession, he acquires the property even if he acts outside the presence of the previous owner.

Halacha 9

When a person sells a house to a colleague and gives him the key, it is as if he told him: "Go, manifest possession over it and acquire it." Similarly, if a person sells a colleague a cistern, once he gives him its bucket it is as if he told him: "Go, manifest possession over it and acquire it." When he manifests his possession, he acquires it.

Halacha 10

What is meant by saying that one who locks a property acquires it? For example, when a person sells a house or a courtyard whose entrance was open, and the purchaser locked the entrance and then opened it; the purchaser is considered to have acquired it, for he used it in a way that brings benefit.'

Halacha 11

What is meant by saying that one who encloses the property with even the slightest portion of a fence acquires it? For example, there was a fence that people could climb over easily, and the purchaser added a small portion to its height, making it ten handbreadths high thus causing it to be difficult to climb over. His deeds are of benefit and he acquires the property.

Similarly, if there was an opening in the fence that allowed people to enter only with difficulty, and the purchaser widened it even slightly, allowing people to enter easily, his deeds are of benefit and he acquires the property.

Halacha 12

If the purchaser placed down a rock in a way that causes benefit - e.g., he completed an irrigation channel that brought water to the field - or he removed a rock in a way that causes benefit - e.g., he opened a dammed irrigation ditch and let water flow into the field - he acquires it. The same applies in all analogous situations.

Halacha 13

The following rules apply when a person sells a colleague a field that is located next to one of that colleague's fields, or gives him such a field as a gift. Once the colleague breaks down the partition that separates the two fields from each other and makes them one large field, he acquires it.

If, however, he merely walks the length and breadth of the new property, this walking serves no benefit and it therefore does not serve as a manifestation of his ownership. When he sells him a path for vineyards, however, the purchaser does acquire it by walking, for that is its purpose.

Halacha 14

How wide is the path that a person acquires by walking? If it is defined by barriers, he acquires an area at least large enough to enable him to lift one foot up and place the other next to it. If it is not defined by barriers, he acquires a width sufficient to allow him to walk carrying a package of twigs on his head and turn around with it.

Halacha 15

If the property being sold is a rocky patch that cannot be enclosed with a fence and an entrance, nor can it be sowed, the way in which a person manifests his ownership and acquires it is to spread produce upon it, to have an animal stand there, or to use it in another way.

Halacha 16

When a person sells a field to a colleague, and the colleague enters and sows it, plows it and leaves it fallow, collects its produce, prunes it or the like, he acquires it, for he has manifested his ownership. Neither of them may retract.

Similarly, if the seller collects a basket of produce and gives it to the purchaser, the purchaser acquires the field. This is considered manifestation of ownership, for the seller revealed his intent of transferring ownership of the field to the purchaser in an outright way, so that its produce would be his.

Halacha 17

A gentile cannot acquire property by manifesting his ownership over it. He can acquire a property only through the transfer of a legal documentafter money has been paid. A Jew who comes on account of a gentile is considered like a gentile and can acquire property only through the transfer of a legal document.

Any entity that is attached to landed property is considered like landed property and can be acquired through the transfer of money, the transfer of a deed of sale or through chazakah.

If, however, the produce no longer needs the nurture of the land - e.g., grapes that are ready to be picked - it is considered movable property with regard to the laws of acquisition. And like movable property, the laws of deception apply with regard to their sale.

Halacha 18

Just as landed property itself is acquired through the transfer of money, the transfer of a deed of sale or chazakah, so too, the rental of land is finalized through the transfer of money alone, the transfer of a deed of sale alone, or chazakah, and neither party can retract. 19. When a person sells a colleague ten fields in ten different countries, the purchaser acquires them all by manifesting his ownership over one of them. Even if one of the fields was located on a high mountain and another in a valley - and thus the manner in which one is tilled differs from the other -nevertheless, by manifesting his ownership over one of them, the purchaser acquires them all.

Halacha 20

When does the above apply? When he pays for all of them. If, however, he does not pay for all of them, he acquires only a measure of property equal to the money that he pays. Therefore, if all the fields were given as a gift, he acquires them all.

Similarly, with regard to the rental of landed property, if a person manifests ownership over one of the properties he is renting, he acquires them all for the entire duration of the rental period.'

If a person is purchasing some properties and renting others, once he manifests his ownership over one property, whether that property be purchased or rented, he acquires them all.

Chapter Two

Halacha 1

A Canaanite servant is considered as landed property with regard to the laws of acquisition, and can be acquired through the transfer of money and a deed of sale, or through chazakah?

Halacha 2

What manifestation of ownership is effective in acquiring a servant? Making use of him as one makes use of a servant in the presence of his previous master.

What is implied? If the servant unties his new master's shoe, puts on his shoe, carries his articles to the bathhouse, undresses him, anoints him, combs his skin, dresses him or lifts him up, the master acquires the servant.

Similarly, if the master lifts up the servant, he acquires him.

Halacha 3

If the new owner pushes the servant and brings him close to him, he acquires him, for a Canaanite servant can be acquired through meshichah in this manner. If, however, he called the servant and he came to him, or the servant's previous owner told him to go to the purchaser, and he followed those instructions, the new owner does not acquire himuntil he pushes him or until he makes use of him in the manner described above.

If the new owner manifests his ownership over the servant outside the presence of the previous owner, the previous owner must tell him: "Go, manifest your ownership and acquire him" for the kinyan to be effective. 4. A servant below the age of majority is considered like an animal and can be acquired through both the processes by which an animal is acquired and those by which servants are acquired. Therefore, he can be acquired by meshichah even though the new owner did not push him.

Halacha 5

Livestock, whether light or heavy, can be acquired through meshichah. When lifting an animal is possible, it need not be lifted, because it may receive a blow when placed back on the earth. If a person lifts it up, he acquires it.

Lifting up an object serves as a kinyan in all places, while meshichah is effective as a kinyan only in a corner off the public domain, or in a courtyard whose ownership the buyer and the seller both share. Meshichah is not effective as a kinyan in the public domain or in a courtyard whose ownership is not shared by both the seller and the purchaser.

Halacha 6

How is an animal acquired through meshichah? Needless to say, the transaction is completed if the purchaser pulls the animal and it walks after him, or he rides upon it and causes it to walk. The transaction is effective even if he calls it and it comes, or he swats it with a stick and causes it to run. When the animal lifts both a forefoot and a hind foot, the purchaser acquires it.

The above applies provided the purchaser performs meshichah in the presence of the previous owner. If he performs meshichah outside the presence of the previous owner, that person must tell the purchaser before he performs meshichah, "Go, perform meshichah and acquire it."

Halacha 7

When a person sells a herd to a colleague or gives it to him as a gift, if he gives him the mashkuchit - i.e., the animal that leads the herd, that all the others follow - he does not have to tell him, "Perform meshichah and acquire it." For giving him this animal is tantamount to saying: "Go, perform meshichah and acquire it." Thus, once the purchaser or the recipient performs meshichah with the herd, he acquires it, even if he performs meshichah outside the presence of the previous owner.

Halacha 8

When a person tells a purchaser or a recipient of a gift: "Perform meshichah over an animal and then you will acquire it," or "Perform chazakah over property and then you will acquire it," he does not acquire it if he performs meshichah or chazakah. For the expression "you will acquire it" is in the future tense and implies that he has not transferred ownership to him yet.

Instead, the seller or the giver of the gift must say: "Go, perform chazakah and acquire it," "Go, perform meshichah and acquire it," or the like, using an expression that implies that he will acquire it at the time he performs meshichah or chazakah.

Halacha 9

When a person tells a colleague: "Perform meshichah with an animal and you will acquire it after 30 days," and he performs meshichah, he does not acquire it.

If he told him "...acquire it now and after 30 days," he acquires it, even if it is standing in a swamp on the thirtieth day. For this resembles a situation in which an acquisition was made in the present, conditional on a stipulation, in which instance, when the stipulation is met, the transaction becomes effective.

Whenever a person uses the expression "with the intent that...," it is as if he said that the transaction would take effect from the present.

Halacha 10

The following rules apply when a person sells an animal to a purchaser or gives it as a gift and tells the purchaser or the recipient: "Acquire it in the manner in which people normally acquire it." If he performs meshichah or hagbahah, he acquires it. If, however, he rides upon it a distinction is made: If this is done in the field, he acquires it. If it is done in the city, he does not acquire it, for it is not common for people to ride in a city.

For this reason, if the purchaser or recipient is an important person - who is accustomed to riding in a city, a very base person - who is not concerned about riding through the city, e.g., a person who raises animals or servants, or a woman, or if the animal is in the public domain where many walk, it can be acquired by riding, provided the rider causes the animal to proceed.

Chapter Three

Halacha 1

According to Scriptural Law, both livestock and other movable property are acquired by the payment of money. Once the purchaser pays money, neither he nor the seller can retract. Our Sages, however, ordained that movable property should be acquired only through lifting up the article(hagbahah) or pulling (meshichah) an article that is not commonly lifted up.

Halacha 2

What is implied? When a person gathers together a heavy load of wood, flax or the like that cannot be lifted up, this load cannot be acquired through meshichah, for it can be unbound, and each individual piece of wood can be lifted up. The same principle applies in other similar situations.

In contrast, a large load of nuts, peppers, almonds or the like that no one person could lift up, can be acquired through meshichah. For if one untied the load and separated it, lifting each individual item would involve great difficulty. The same principle applies in other similar situations.

Halacha 3

With regard to a ship: since it is impossible to lift it up, and it is very difficult to pull it - this is possible only when many are involved - our Sages did not require meshichah. Rather, they ruled that it can be acquired through being handed over (mesirah). The same principles apply in all similar situations.

If the seller tells the purchaser, "Go, perform meshichah and acquire the ship," the ship cannot be acquired until one pulls it after oneself, shifting its position entirely, moving it from the place where it had been resting. For the seller had specified that it be acquired solely through meshichah.

Halacha 4

From the above, one may conclude that a person who purchases movable property may retract, even though he has paid for his purchase. Similarly, the seller can retract until the purchaser lifts up the object of sale or performs meshichah on an article that is not usually lifted up, or the seller gives the purchaser an article that is not usually pulled.

When, however, the purchaser lifts up the object of sale, performs meshichah on an article that is not usually lifted up, or is given an article that is that is not usually pulled, he acquires it. Neither party can retract, and the purchaser is compelled to pay if he has not done so already.

Halacha 5

Why did our Sages make such an ordinance with regard to movable property? This is a decree, enacted lest a purchaser pay for an article and before he takes possession of it, it be destroyed by factors beyond his control - e.g., a fire breaks out and burns it, or thieves come and take it. If the article is considered as in the possession of the purchaser, the seller may hesitate and not endeavor to save it.

For this reason, our Sages ordained that the article remain within the possession of the seller, so that he will attempt to save it. For if it is destroyed, he is obligated to pay.

Halacha 6

Thus, if a purchaser paid for an article and it was destroyed by forces beyond his control before he took it, the purchaser may tell the seller: "Give me the article I purchased or return my money." Even though there are witnesses who saw that the article was destroyed by forces beyond control, the seller could not save it, and he was not lazy regarding the matter, the seller must return the money. For our Sages ordained that a kinyan is finalized through meshichah.

For this reason, if the purchaser owned the house in which the article that was sold was held, and he was renting it to the seller, our Sages did not ordain that the article must be acquired through meshichah. For the article that was sold is in the domain of the purchaser. In this instance, once he pays the money, the sale is concluded, and neither can retract.

Halacha 7

Similarly, if a person rented the place where the movable property that was sold was stored, he acquires the movable property, and neither can retract, even though he did not lift up the object of sale, perform meshichah on it or have it given him. For the object has entered his domain. As we have already explained, the rental of landed property is finalized through the transfer of money, the transfer of a rental contract or through chazakah.

Halacha 8

When a person transfers ownership of landed property and movable property simultaneously, once the purchaser or the recipient acquires the landed property through the transfer of money, the transfer of a deed of sale or through a chazakah, he acquires the movable property together with it.

This applies whether he sold both types of property, gave them both as gifts, sold the movable property and gave the landed property as a gift or sold the landed property and gave the movable property as a gift. When the purchaser or the recipient acquires the landed property, he acquires the movable property.

Halacha 9

When does the above apply? When the movable property was collected within the landed property. If, however, it was in another place, it is necessary for the seller to tell the purchaser: "Acquire the movable property by virtue of your acquisition of the immovable property."

Even when the movable property is in another country, and the seller tells the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," once the purchaser acquires the landed property, he acquires the movable property together with it, even though the movable property was not collected within the landed property.

If the seller did not tell the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," the purchaser does not acquire the movable property.

Even the smallest amount of landed property is sufficient to be used to acquire any movable property one desires by virtue of its acquisition.

Halacha 10

Different rules apply when a person transfers ownership of a field to one person and movable property to another person, even though he tells the latter: "Acquire the movable property by virtue of your colleague's acquisition of this landed property."

Although the recipient manifests ownership over the landed property, the other does not acquire the movable property. If, however, this person seizes possession of it after the seller desires to retract, it should not be removed from his possession, for he took possession of it after his colleague acquired the landed property by virtue of whose acquisition this movable property was to be acquired.

Halacha 11

When a person desires to transfer ownership over servants and landed property at the same time, although he manifests ownership over the servants, he does not acquire the landed property. Similarly, although he manifests ownership over the landed property, he does not acquire the servants unless they are standing within the landed property. Even though the seller tells the purchaser: "Acquire the servants by virtue of your acquisition of this landed property," the purchaser does not acquire the servants unless the servants are within the landed property. The rationale is that a servant goes from place to place on his own volition.

Halacha 12

When a person transfers ownership of servants and movable property at the same time, the purchaser does not acquire the servants by performing meshichah on the movable property. If he manifested his ownership over the servants, he did not acquire the movable property, unless the servant was carrying the movable property. Moreover, the servant must be bound, so that he cannot walk.

Halacha 13

The following laws apply when a person transfers ownership of both an animal and the articles it was bearing at the same time. Although he performs meshichah of the animal and acquires it - he does not acquire the articles it was bearing until he lifts up or performs meshichah on the articles themselves, if it is not customary to lift them up. The rationale is that an animal is like a walking courtyard, and thus, what it bears is not acquired by its owner. Therefore, if the animal was bound, by performing meshichah on it, one also acquires the articles it was bearing.

Halacha 14

When the seller tells the purchaser, "Perform meshichah over this animal in order to acquire the articles on it," since he does not transfer ownership of the animal itself - even if the purchaser performs meshichah on the animal while it is bound - he does not acquire the articles on it, unless he performs meshichah on those articles themselves.

Halacha 15

The following rules apply when a flowerpot with a hole was owned by one person, and the plants growing in it by another person. If the ownership of the flowerpot was transferred to the owner of the plants, he acquires it when he performs meshichah, If the ownership of the plants was transferred to the owner of the flowerpot, he does not acquire it until he manifests his ownership over the plants themselves. 16. The following rules apply when both a flowerpot with a hole and the plants growing in it were owned by one person, and he desired to transfer ownership of the entire entity to another person. If that person manifests his ownership over the flowerpot with the intent of acquiring the plants, he does not even acquire the flowerpot. If he manifests his ownership over the plants with the intent of acquiring both them and the flowerpot, he acquires the flowerpot.

This is implied by the teaching: Property that is not on lien to the seller's obligations can be acquired together with property that is on lien to the seller's obligations. For the plants in the flowerpot with a hole are considered as if they are planted in the earth. And whenever an entity is attached to the ground, it is considered to be landed property, as we have explained.

Halacha 17

As we have already explained, produce that is ready to be harvested is considered as though it has already been harvested, and can be acquired only through hagbahah or other procedures by which movable property is acquired.

Halacha 18

The following laws apply when flax is attached to the earth, but is dry and no longer needs the nurture of the earth. If the owner tells another person: "Clean the smallest portion of this land for me, and acquire it as a rental property together with all the flax on the entire surrounding field, once he uproots even the slightest amount, the renter acquires the entire quantity, on the basis of this stipulation.

If, however, the original owner transferred ownership over the flax through a sale or a gift, the recipient acquires only what he uproots, for that is what he has lifted up. The same principles apply in other analogous situations.

Chapter Four

Halacha 1

Containers owned by a person can acquire articles on his behalf wherever he has permission to place them down. Once movable property enters this container, neither can retract; it is as if the article were lifted up or placed in his home.

Therefore, a person's containers cannot acquire articles on his behalf in the public domain or in a domain belonging to the seller unless the seller tells him, "Go, acquire the article with this container."

Similarly, if the purchaser first acquired the container and lifted it up, and afterwards placed it down in the domain of the purchaser and bought produce from him, once the produce is placed in this container, he acquires it. Since the seller derives satisfaction from selling the container, he does not object to the container being placed in his domain.

Halacha 2

Just as containers belonging to the purchaser do not acquire articles for him when placed in the seller's domain, so too, containers belonging to the seller do not acquire articles for the purchaser even when they are within the purchaser's domain.

Halacha 3

Mesirah may be used to acquire an article only in the public domain, or in a courtyard that is not owned by either the seller or the purchaser.

Meshichah may be used to acquire an article only in a corner off the public domain or in a courtyard that is owned jointly by the seller and the purchaser. Hagbahah may be used to acquire an article in any place.

Halacha 4

The following rule applies when an article that could be acquired through meshichah is located in the public domain, and is drawn by the purchaser into his own domain or into a corner of the public domain. As soon as he removes a portion of the article from the public domain, he acquires it. 5. When there is a load of produce in the public domain and, after having established a price, the purchaser draws it into his own domain or into a corner of the public domain he acquires it, even if he has not measured it.

Similarly, if, while in the public domain, the purchaser measures produce that he purchases, he acquires it, item by item, for as he measures it, he is lifting it up.

Halacha 6

If, by contrast, the seller measures the produce into containers belonging to the purchaser, the purchaser does not acquire it. For a purchaser's containers cannot acquire on his behalf in the public domain.

If the produce is located in a domain belonging to the purchaser, once the seller agrees to sell the produce, the purchaser acquires it, even if he does not measure it.

If the produce is located in a domain belonging to the seller, or in a domain belonging to a person to whom the seller has entrusted it, the purchaser does not acquire the produce until he lifts it up, or until he removes it from the seller's domain by renting its place, or the like, as we have explained.

Halacha 7

The following rules apply when the produce is located in a corner of the public domain or in a domain belonging to both the seller and the purchaser -or even if it is in a domain belonging to the purchaser, but in containers belonging to the seller- and the seller agreed to sell the produce,and has begun to measure it into containers belong to the seller. If the seller tells the purchaser: "I will sell you a torof produce for 30 sela," he can retract even at the last se'ah, because the produce is in his containers, and he has not completed the measurement. For the containers belonging to a seller do not acquire for a purchaser, even in the purchaser's domain.

If he told him: "I will sell you a kor of produce for 30 sela, i.e., each se'ah for a sela" the purchaser acquires each se'ah, one by one as it is measured.For since the seller mentioned the price for each individual se'ah, each of those units is a distinct entity. Whenever the seller lifts up a se'ah and pours it into the measure, the sale of this unit is concluded.

The rationale for this law is that the produce is not located in a domain belonging to the seller, nor is it in the public domain. If the produce was not held in the containers of the seller, the purchaser would acquire it once a price was agreed upon, since it is located in his domain even though it had not been measured, as has been explained in the previous halachah.

Halacha 8

Similar rules apply when a person sells wine or oil to a colleague in a corner of the public domain or in a courtyard belonging to both the seller and the purchaser, or in a domain belonging to the purchaser, and the measure belongs to the broker. Before the measure is filled, the liquid remains the seller's. Once the measure is filled, the liquid becomes the purchaser's. Neither of them can retract.

Halacha 9

Similar rules apply if produce is held in a corner of the public domain or in a courtyard belonging to both the seller and the purchaser, the measuring container does not belong to either of them, and the seller was measuring. Before the measure is filled, it remains in the possession of the seller. Once the measure is filled, however, it becomes the purchaser's.

Halacha 10

The following rules apply when the measure belongs to either the purchaser or the seller, and it has marks indicating the halfway point, thirds, quarters and the like. Once the produce reaches one of those markings, that portion is acquired even though the entire measure has not been filled. For every marking is considered to be a measure in its own right. For the measure belongs to one of them, and he relies on its markings.

Halacha 11

Maintain awareness of this significant general principle: When a person acquires movable property, he acquires it, if he establishes the price and afterwards lifts up the article. If first he lifts it up and puts it down, and then a price is established afterwards, he does not acquire it because he lifted it up at the outset. Instead, it is only when he lifts it up after a price is established, or performs meshichah on an object that is not ordinarily lifted up.

Halacha 12

When an object that has a standard and known price is sold, and the purchaser lifts it up, he acquires it, even though he and the seller agree on the price only after he lifts it up. Similarly, with regard to other means through which movable property is acquired. The acquisition must be made after the price of the article is established, unless there is a standard price for the article, as has been explained.

Halacha 13

For this reason, the following rules apply if a person draws donkey -drivers and the produce their beasts are carrying and porters bearing containers filled with produce into his home. If the produce is measured before a price is established - even if the purchaser is the one who measures - or they established the price and then the seller measures the produce, both the seller and purchaser are entitled to retract.Different rules apply if the purchaser unloaded the produce and brought it into his home. If a price was established and then the seller measured, neither can retract. For the seller had made a commitment to sell. If he measured before a price was established, both can retract, because he has not made a commitment to sell. This applies even if the purchaser measures.

Halacha 14

The following rules apply if a person takes utensils from a craftsman in order to inspect them to see whether he will purchase them. If they have a fixed price, and they are destroyed by forces beyond his control while in his possession, he is responsible for their value. The rationale is that since they are of a fixed value, they are considered to have entered his domain at the time he lifted them up.

The above applies under two conditions: a) he lifts the utensil up with the intent of acquiring it in its entirety, and b) the article being sold would be appreciated by a purchaser.

When, however, the seller is repelled by an article and seeks - and indeed pursues - an opportunity to sell it, it remains in the domain of the seller until a price is established and the purchaser lifts it up afterwards.

Halacha 15

All the above rules apply whether the purchaser himself performs meshichah on an object, lifts it up or manifests ownership over it, or tells another person to lift it up, perform meshichah or manifest ownership. The other person acquires for for the purchaser. This also applies with regard to other acts of acquisition.

Chapter Five

Halacha 1

The exchange of any movable property brings about a binding transaction. What is implied? If a person exchanges a cow for a donkey, or wine for oil, once one performs meshichah or lifts up the article that he intends to acquire, the other person acquires the second form of movable propertystipulated in the exchange, wherever it is located. It is considered to have entered his domain, even though he has not performed meshichah upon it.

The above applies although both parties to the transaction are particular about the price, have determined how much this article is worth and how much the other article is worth, and exchanged them after making that determination.

Halacha 2

When a person exchanges a donkey for a cow and a lamb, if he performs meshichah on the cow but not on the lamb, the acquisition is not concluded, for he did not complete the meshichah. The same principle applies in all analogous situations.

Halacha 3

When one is not precise about the amount of money involved in a transaction, the money is considered in the same way as other types of movable property, and its exchange brings about a binding transaction.

What is implied? A person scooped up coins without weighing them or counting them, but rather took an estimated amount, said: "Sell me your cow...," or "...this wine, for these coins," and gave him the coins, the transaction is completed; neither party may retract.' Since this is an uncommon situation, our Sages did not require the purchaser to perform meshichah.

Halacha 4

Similarly, movable property can be acquired without meshichah in the following situation. Reuven sold movable property to Shimon for 50 zuz. Shimon acquired the movable property and obligated himself to pay Reuven the price agreed upon. After Shimon became obligated to Reuven for these 50 zuz, he desired to sell wine, an animal, a servant or other similar movable property. Reuven told him: "Sell that object to me for the 50 zuz that you owe me for the sale," and Shimon agreed.

Reuven acquires the movable property regardless of where it is located, even though he neither performed meshichah nor lifted the object up. The rationale is that this also is an abnormal circumstance, and our Sages did not require meshichah.

When, by contrast, a person is in debt for reasons other than a sale, and his creditor tells him: "Sell me the movable property for the debt that you owe me," even though both agree, the transaction is not completed until he lifts up the object, performs meshichah on an object that is not usually lifted up, or acquires it through other means by which movable property can be acquired.

Halacha 5

Landed property, servants, livestock and all other movable property can be acquired through the kinyan referred to as chalifin. This way of finalizing a transaction is so commonly used that it is also referred to as kinyan.

The fundamental manner in which such a transaction is effected is as follows: The purchaser gives the seller any type of article and tells him: "Acquire this article in exchange for the courtyard,..." "...wine,..." "...animal,..."or "...servant that you sold me in exchange for this and this amount of money."

Once this statement is made, when the seller lifts up the article and acquires it, the purchaser acquires that landed property or that movable property even though he did not perform meshichah or pay the money. Neither of the parties involved can retract.

Halacha 6

Such a transaction may be completed only through the use of a utensil. A utensil is effective, however, even if it is not worth a p'rutah.

Such a transaction may not be completed using an article from which it is forbidden to benefit, nor with produce, nor with a coin.

Such a transaction may not be completed using an article belonging to the seller; only one belonging to the purchaser.

Halacha 7

When a third party transfers a utensil to the seller so that the purchaser will acquire merchandise that was designated, the purchaser acquires it.

Even though he transfers the utensil to him with the intent that it be returned, the transaction is binding, and the purchaser acquires the merchandise intended. For a gift that is given with the stipulation that it be returned is nevertheless considered a gift.

Moreover, even if the seller does not take hold of the entire utensil that was transferred to him in exchange for his merchandise, but rather holds a portion of it, and the person transferring the utensil to him holds the other portion, the purchaser acquires the merchandise, provided he holds a portion of the utensil that can itself be considered to be a utensil, or grabs it in a manner in which he would be able to pull the entire utensil from the hands of the person transferring it into his own possession.

Therefore, if the person transferred a portion of a garment to a purchaser, the purchaser must hold a portion of the garment the size of three fingerbreadths. Thus, if he cuts off the portion that he is holding, it would be considered a utensil in its own right. For a portion of a garment the size of three fingerbreadths is considered a garment, as has been explained with regard to the subject of the ritual impurity of garments. Similarly, if the seller holds on to a portion smaller than three fingerbreadths but could pull the entire garment into his possession, the purchaser acquires the merchandise being sold.

Halacha 8

The above concepts are reflected in the expression used in legal documents: "And we performed a kinyan with so and so with a utensil that is acceptable to be used to conduct a transaction."

"A utensil" excludes produce and the like. "That is acceptable" excludes objects from which it is forbidden to benefit. And "to be used to conduct a transaction" excludes a utensil belonging to the seller.

Halacha 9

This transaction need not be performed in the presence of witnesses. Instead, even if it was performed only in the presence of the seller and the purchaser, the transaction is finalized. For the only reason the Torah required witnesses with regard to monetary laws is to prevent a person from denying what transpired.

A seller, one who gives a gift, rents out an object, lends an object or the like does not require witnesses. Whenever the second party finalizes the transaction through one of the accepted practices - lifting the article up, meshichah, transferring it, chalifin, the payment of money, the transfer of a legal document or through manifesting ownership - the transaction is concluded, even when there are no witnesses present.

Halacha 10

Although a person who sells or gives an article confirms the transaction with a kinyan chalifin, both of them may retract as long as they are discussing the matter. This applies even when the kinyan was performed in the presence of witnesses. If they concluded discussing the matter, neither may retract even though the transaction was not observed by witnesses.

Just as the seller and the giver may retract, so too, the purchaser and the recipient may retract as long as they are discussing the matter. This leniency does not apply with regard to other kinyanim.

Halacha 11

There are many matters that do not require a kinyan, and indeed there is no reason to perform a kinyan with regard to them - e.g., a person who frees his slave, divorces his wife, appoints an agent, issues a protest with regard to a sale, nullifies a protest or waives a colleague's obligation to pay a debt or return an entrusted object. Similar laws apply to other analogous situations.

Halacha 12

It has become customary in the majority of places to perform a kinyan to confirm certain of the above matters and the like, even though it is not necessary. The witnesses say: "We performed a kinyan with so and so, confirming that he appointed so and so as an agent," "...waived the debt that so and so owed him," or "...nullified the protest he had issued concerning this bill of divorce," or the like.

Halacha 13

Such a kinyan, which is customarily performed with regard to these matters, is of no consequence except to demonstrate that the parties involved were not acting facetiously or in jest when making the statements, but had in fact made a resolution in their hearts before making the statements. Therefore, if a person says: "I am making my statements with a full heart, and I have resolved to do this," nothing else is necessary.

Halacha 14

A kinyan is of no consequence with regard to statements that are of no substance.

What is implied? If it is stated in a legal document: "We performed a kinyan with so and so, confirming that he will travel to sell merchandise with so and so," "...that they will form a craft partnership," "...that they will divide a field between themselves," or the like, this is considered a kinyan with regard to words, and it is of no consequence. The rationale is that the person did not transfer to his colleague a specific and known entity, neither the entity itself or the fruits of that known entity.

Chapter Six

Halacha 1

Although produce cannot be used for chalifin, as explained, it can be acquired through chalifin like other movable property. With regard to a coin, by contrast, just as it cannot be used for chalifin, it cannot be acquired through chalifin. Thus, a coin cannot be acquired through a kinyan chalifin, and it cannot be used for a kinyan chalifin to acquire other articles.

Halacha 2

Slabs of gold and silver are regarded in the same way as pieces of raw iron or copper. They are like other movable property and can be acquired through chalifin and exchanged for each other, as has been explained.

Coins of silver, gold and brass are all considered to be money received as payment for other movable property. If one gives one of these as payment for movable property, one does not acquire it until one performs meshichah or lifts it up, as has been explained. None of these coins can be acquired through kinyan chalifin, or used for such a kinyan.

Halacha 3

When does the above apply? When one is acquiring other movable property, servants or landed property with these coins. When, however, gold dinarim are being exchanged for silver coins, the gold coins are considered to be "produce." Similarly, copper coins are considered to be "produce" with regard to silver coins.

Halacha 4

What is implied? If a person gave a colleague a dinar of gold for 25 dinarim of silver, the owner of the gold acquires the silver even though it has not yet been transferred into his domain. The owner of the silver is obligated to give his colleague 25 silver dinarim, as he committed himself. If he committed himself to give new silver coins, he must give new ones; if he committed himself to give old coins, he must give old ones.

If, however, the owner of the silver gave 25 silver dinarim for one gold dinar, the transaction is not concluded until he takes the gold dinar Both parties have the right to retract.

Halacha 5

Similarly, if a person gave a colleague 30 isar of copper for a dinar of silver, the owner of the copper acquires the silver even though it has not yet been transferred into his domain. The owner of the silver is obligated to give his colleague a silver dinar, as he committed himself. If he committed himself to give a new silver coin, he must give a new one; if he committed himself to give an old coin, he must give an old one.

If, however, the owner of the silver gave a silver dinar for 30 copper isar, the transaction is not concluded until he takes the copper isarot. Both parties have the right to retract.

Halacha 6

Similarly, bad coins that were disqualified by the ruling kingdom or municipal authorities, or dinarim that are not acceptable as legal tender in that country - i.e., coins that are not used for exchange unless they are changed for others, these are considered to be produce with regard to all matters.

They may be acquired through a kinyan chalifin; when they are transferred, money is acquired; and the transfer of money does not acquire them, as is true with regard to other produce.

Halacha 7

There is no way in which a person can acquire a coin that is not in his physical possession, except by virtue of his acquisition of landed property -e.g., a person will purchase land and by virtue of its acquisition also acquire coins, or he will rent the place where the coins are held. In these instances, once the purchaser acquires the land through the transfer of money, a legal document, manifestation of his ownership or a kinyan chalifin, he acquires the money.

The above applies provided that the coins exist and are held for safekeeping in a specific place. If, however, Shimon owed Reuven money, and Reuven transferred land to Levi, and intended that by virtue of Levi's acquisition of the land, he acquire the debt owed to Reuven by Shimon, it appears to me that Levi does not acquire the debt.

Halacha 8

If three people the lender, the borrower and a third party (the intended recipient) are standing together and the lender tells the borrower, "Give the maneh that you owe me (whether an entrusted article or a loan) to so and so the third party," that third party acquires the manehin question. None of the three can retract. Our Sages described this law as a dictate whose reason cannot be explained. Therefore, one cannot derive any other precept from it.

Halacha 9

If Reuven owed Shimon 100 zuz and told Levi: "Give Shimon the 100 zuz that I owe him, and I will repay you," or "...I will make a reckoning with you"- although both Levi and Shimon agree, all three have the potential to retract.

Even if Levi pays Shimon a portion of Reuven's debt he is not bound to pay the remainder. Therefore, if Levi does not pay Shimon the entire debt, Shimon may demand payment for the remainder of the debt from Reuven.

Halacha 10

When a person sells a promissory note to a colleague or gives one to him as a gift, the physical transfer of the note does not bring about a transfer of the obligation it carries. For he transferred only the proof of the debt. And that proof is not something that can be grasped by the hand.

Halacha 11

How indeed can the promissory note be acquired? The seller must write to the purchaser: "Acquire the promissory note of so and so and all the obligations associated with it," and then give him the promissory note. Thus, the note is acquired through the writing and through being transferred.

There is no need for witnesses with regard to the actual transfer. Witnesses are necessary, however, for the debt to be collected. The debtor can tell the purchaser: "Who is to say that my creditor did in fact write to you that the debt is transferred and give you the promissory note?"

Halacha 12

The transfer of the ownership of promissory notes is a Rabbinical institution. According to Scriptural law, there is no way to acquire the proof of an obligation; only an actual object can be acquired. Therefore, a person who sells a promissory note to a colleague can still waive the debt .o Even his heir has the right to waive the debt.

Halacha 13

When a woman brings her husband a promissory note as part of her dowry, she cannot waive payment of it without his approval, because her domain has become his.

Halacha 14

When a person transfers ownership of even the smallest amount of property to a colleague and by virtue of its transfer also transfers the ownership of a promissory note, the purchaser acquires the note regardless of where it was located, although a written statement was not made and the document was not transferred to the purchaser.It appears to me that in this instance as well, the original creditor has the right to waive payment after selling it.

Similarly, if a person sells land and writes a deed of sale even though the purchaser is not present, when the purchaser manifests his possession over the land he acquires the deed regardless of where it is located. 15. The following rules apply if a person tells a colleague: "Take possession of this field on behalf of so and so, and compose a deed of title for him." Although the agent manifests ownership over the land on behalf of the recipient, the giver can retract his statement concerning the legal record of the present unless it has already been given to the recipient, despite the fact that he cannot rescind his gift of the field.

Halacha 16

If, however, the giver told the agent: "Take possession of the field with the stipulation that you write the deed of title," even though the agent manifests ownership over the land on behalf of the recipient, the original owner can retract both with regard to the deed and with regard to the field until the deed of title reaches the hand of the recipient of the gift.

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Hayom Yom:

• Friday, Cheshvan 21, 5704 ~ 25 October 2013 ~~ Saturday (Shabbat), Cheshvan 22, 5774 ~ 26 October 2013

Friday, Cheshvan 21, 5704

Torah Lesson:

Chumash: Chayei Sara, Shishi with Rashi.

Tehillim: 104-105.

Tanya: This is the (p. 581) ...ch. 38, see there. (p. 583).

It is the avoda of davening which brings the comprehension of the brain into the emotional sensitivity of the heart - and (also brings) both of them together into the practical avoda of performing mitzvot with fear-of-Heaven and acquiring fine character-traits.

Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.

Shabbat, Cheshvan 22, 5704

Torah Lesson:

Chumash: Chayei Sara, Shevi'i with Rashi.

Tehillim: 106-107.

Tanya: Now, it is (p. 583) ...as stated above. (p. 585).

One of the teachings of the Maggid of Mezritch, heard by the Alter Rebbe when he was in Mezritch for the first time, from late summer 5524 (1764) until after Pesach 5525 (1765):

"I (Anochi) have made the earth, and upon it created man."1 Anochi, He who is the true "I",2 unknown to and concealed from even the loftiest emanations, clothed His blessed Essence through numerous condensations to give rise to the emanations and creatures, 3 to Serafim, Chayot, Ofanim,4 angels and "worlds" beyond number. Through countless condensations, "I made this (physical) world and upon it created (barati) man." Man is the end-purpose of Creation, and barati is the end-purpose of man. (Barati, "I created," has the numerical equivalent of 613, the number of scriptural commandments). 5

As (the book of) Pardes quotes Sefer Habahir: "Said the attribute of Chessed (kindness) before the Holy One Blessed-be-He, Master of the Universe, since the days Avram has been on earth, I have not had to perform my task, because Avram stands and serves in my stead." Because Avraham - a soul clothed in a body, occupying himself with hospitality to strangers as a means of disseminating the idea of G-d in this lowly world - is actually on a higher plane and level than the attribute of kindness of Atzilut.

The complaint ("Said the attribute of Chessed before the Holy One etc.") is an expression of envy of Avraham's service by the attribute of kindness of Atzilut.

Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.

FOOTNOTES

1.Yeshayahu 45:12.

2.Lit.: "I, Whoever I Am."

3.The phrase defies accurate translation; in Hebrew the verb-form corresponding to "emanations," le'haatzil, is used to describe the coming-into-being of the ne'etzalim ("emanations"), and the verb livra for the nivra'im ("creations"). Awkward, but perhaps slightly more accurate, would be "...to separate off (or ("emanate") the emanations and to create the creatures."

4.Three forms of angels.

5.I.e. the end-purpose of Man is (that he perform) Mitzvot.

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Daily Thought:

Harmonization

Harmony is a matter of emphasis:

Let dissonance slip by.

Celebrate beauty.

Harmonization

Harmony is a matter of emphasis:

Let dissonance slip by.

Celebrate beauty.

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