Today in Judaism ~ Today is: Sunday, Cheshvan 23, 5704 ~ 27 October 2013 ~~ Monday, Cheshvan 24, 5774 ~ 28 October 2013

Today in Judaism ~ Today is: Sunday, Cheshvan 23, 5704 ~ 27 October 2013 ~~ Monday, Cheshvan 24, 5774 ~ 28 October 2013

Today in Jewish History:

Hasmonean Holiday (137 BCE)

In Talmudic times, Cheshvan 23 was commemorated as the day on which the stones of the altar which were defiled by the Greeks were removed from the Holy Temple.

Daily Study:

Chitas and Rambam for today:

Chumash with Rashi: Parshat Toldot, 1st Portion (Genesis 25:19-26:5) & Parshat Toldot, 2nd Portion (Genesis 26:6-26:12)

Chapter 25

19. And these are the generations of Isaac the son of Abraham; Abraham begot Isaac.

יט. וְאֵלֶּה תּוֹלְדֹת יִצְחָק בֶּן אַבְרָהָם אַבְרָהָם הוֹלִיד אֶת יִצְחָק:

And these are the generations of Isaac the son of Abraham: [תּוֹלְדוֹת refers to] Jacob and Esau mentioned in this section.

ואלה תולדות יצחק: יעקב ועשיו האמורים בפרשה:

Abraham begot Isaac: (Only after the Holy One, blessed be He, named him Abraham, did he beget Isaac. Another explanation:) Since Scripture wrote: “Isaac the son of Abraham,” it had to say: “Abraham begot Isaac,” because the scorners of the generation were saying that Sarah had conceived from Abimelech, for she had lived with Abraham for many years and had not conceived from him. What did the Holy One, blessed be He, do? He shaped the features of Isaac’s face to resemble Abraham’s, and everyone attested that Abraham had begotten Isaac. This is the meaning of what is written here: “Isaac, the son of Abraham,” because here is proof that “Abraham begot Isaac.” - [From Midrash Tanchuma, Toledoth 1]

אברהם הוליד את יצחק: על ידי שכתב הכתוב יצחק בן אברהם הוזקק לומר אברהם הוליד את יצחק, לפי שהיו ליצני הדור אומרים מאבימלך נתעברה שרה, שהרי כמה שנים שהתה עם אברהם ולא נתעברה הימנו, מה עשה הקב"ה, צר קלסתר פניו של יצחק דומה לאברהם, והעידו הכל אברהם הוליד את יצחק, וזהו שכתב כאן יצחק בן אברהם היה, שהרי עדות יש שאברהם הוליד את יצחק:

20. And Isaac was forty years old when he took Rebecca the daughter of Bethuel the Aramean of Padan Aram, the sister of Laban the Aramean, to himself for a wife.

כ. וַיְהִי יִצְחָק בֶּן אַרְבָּעִים שָׁנָה בְּקַחְתּוֹ אֶת רִבְקָה בַּת בְּתוּאֵל הָאֲרַמִּי מִפַּדַּן אֲרָם אֲחוֹת לָבָן הָאֲרַמִּי לוֹ לְאִשָּׁה:

forty years old: For when Abraham came from Mount Moriah, he was informed that Rebecca had been born. Isaac was then thirty-seven years old, for at that time Sarah died, and from the time that Isaac was born until the “Binding” [of Isaac], when Sarah died, were thirty-seven years, for she was ninety years old when Isaac was born, and one hundred and twenty-seven when she died, as it is stated (above 23:1): “The life of Sarah was [a hundred and twenty seven years.”] This makes Isaac thirty-seven years old, and at that time, Rebecca was born. He waited for her until she would be fit for marital relations-three years-and then married her. — [From Gen. Rabbah 57:1;

בן ארבעים שנה: שהרי כשבא אברהם מהר המוריה נתבשר שנולדה רבקה, ויצחק היה בן שלשים ושבע שנה, שהרי בו בפרק מתה שרה, ומשנולד יצחק עד העקידה שמתה שרה שלושים ושבע שנה, ובת תשעים היתה כשנולד יצחק, ובת מאה עשרים ושבע כשמתה, שנאמר (כג א) ויהיו חיי שרה וגו', הרי ליצחק שלושים ושבע שנים ובו בפרק נולדה רבקה, המתין לה עד שתהא ראויה לביאה שלש שנים ונשאה:

the daughter of Bethuel the Aramean of Padan-Aram, the sister of Laban: Was it not already written that she was the daughter of Bethuel and the sister of Laban and from Padan-Aram? But this is to tell her praise, that she was the daughter of a wicked man and the sister of a wicked man and her place was [inhabited by] wicked people, but she did not learn from their deeds. [From Gen. Rabbah 63:4]

בת בתואל מפדן ארם אחות לבן: וכי עדיין לא נכתב שהיא בת בתואל ואחות לבן ומפדן ארם, אלא להגיד שבחה שהיתה בת רשע ואחות רשע ומקומה אנשי רשע, ולא למדה ממעשיהם:

of Padan-Aram: Because there were two Arams, Aram-naharaim and Aram-zobah, it is called Padan [meaning“pair”], an expression of a pair of oxen, which in Aramaic is פַּדַּן תּוֹרִין. Others interpret “Padan-aram” as “the field of Aram,” because in Arabic, a field is called“fadan.”

מפדן ארם: על שם ששני ארם היו ארם נהרים וארם צובה, קורא אותו פדן, לשון (שמואל א' יא ז) צמד בקר, תרגום פדן תורין. ויש פותרין פדן ארם כמו (הושע יב יג) שדה ארם, שבלשון ישמעאל קורין לשדה פדן:

21. And Isaac prayed to the Lord opposite his wife because she was barren, and the Lord accepted his prayer, and Rebecca his wife conceived.

כא. וַיֶּעְתַּר יִצְחָק לַיהֹוָה לְנֹכַח אִשְׁתּוֹ כִּי עֲקָרָה הִוא וַיֵּעָתֶר לוֹ יְהֹוָה וַתַּהַר רִבְקָה אִשְׁתּוֹ:

prayed: Heb. וַיֶעְתַּר. He prayed much and entreated [God] with prayer.

ויעתר: הרבה והפציר בתפלה:

accepted his prayer: Heb. וַיֵעָתֶר. He (God) allowed Himself to be entreated and placated and swayed by him. I say that every expression of עתר is an expression of entreaty and increase, and similarly (Ezek. 8:11):“and a thick (וַעִתַר) cloud of incense,” [meaning] the immensity of the ascent of smoke, and so (ibid. 35:13):“And you have multiplied (וְהַעְתַּרְתֶּם) your words against Me,” and so, (Prov. 27:6):“whereas the kisses of an enemy are burdensome (וְכַעְתָּרוֹת) .” They seem to be many and are burdensome, accroissement in Old French, excessive.

ויעתר לו: נתפצר ונתפייס ונתפתה לו, ואומר אני כל לשון עתר לשון הפצרה ורבוי הוא וכן (יחזקאל ח יא) ועתר ענן הקטרת, מרבית עלית העשן, וכן (שם לה יג) והעתרתם עלי דבריכם, וכן (משלי כז ו) נעתרות נשיקות שונא, דומות למרובות והנם למשא. אינקריישימינ"ט [רבוי] בלע"ז:

opposite his wife: This one (Isaac) was standing in this corner and praying, and that one (Rebecca) was standing in that corner and praying.

לנכח אשתו: זה עומד בזוית זו ומתפלל, וזו עומדת בזוית זו ומתפללת:

accepted his prayer: But not hers, for the prayer of a righteous man, the son of a righteous man, does not compare to the prayer of a righteous man, the son of a wicked man. Therefore, [He accepted] his prayer and not hers. — [Yev. 64a]

ויעתר לו: לו ולא לה, שאין דומה תפלת צדיק בן צדיק לתפלת צדיק בן רשע לפיכך לו ולא לה:

22. And the children struggled within her, and she said, "If [it be] so, why am I [like] this?" And she went to inquire of the Lord.

כב. וַיִּתְרֹצֲצוּ הַבָּנִים בְּקִרְבָּהּ וַתֹּאמֶר אִם כֵּן לָמָּה זֶּה אָנֹכִי וַתֵּלֶךְ לִדְרשׁ אֶת יְהֹוָה:

struggled: Perforce, this verse calls for a Midrashic interpretation, for it does not explain what this struggling was all about, and [Scripture] wrote,“If it be so, why am I [like] this?” Our Rabbis (Gen. Rabbah 63:6) interpreted it [the word וַיִתְרוֹצִצוּ] as an expression of running (רוֹצָה) . When she passed by the entrances of [the] Torah [academies] of Shem and Eber, Jacob would run and struggle to come out; when she passed the entrance of [a temple of] idolatry, Esau would run and struggle to come out. Another explanation: They were struggling with each other and quarreling about the inheritance of the two worlds (Mid. Avkir).

ויתרוצצו: על כרחך המקרא הזה אומר דורשני, שסתם מה היא רציצה זו וכתב אם כן למה זה אנכי. רבותינו דרשוהו לשון ריצה, כשהיתה עוברת על פתחי תורה של שם ועבר יעקב רץ ומפרכס לצאת, עוברת על פתחי עבודה זרה עשו מפרכס לצאת. דבר אחר מתרוצצים זה עם זה ומריבים בנחלת שני עולמות:

If [it be] so: that the pain of pregnancy is so great.

ותאמר אם כן: גדול צער העבור:

why am I [like] this?: [Why did I] desire and pray to conceive?- [From Gen. Rabbah 63:6]

למה זה אנכי: מתאוה ומתפללת על הריון:

And she went to inquire: to the academy of Shem. — [Aggadath Bereishith, ch. 73, Targum Jonathan and Yerushalmi]

ותלך לדרוש: לבית מדרשו של שם:

to inquire of the Lord: that He should tell her what would happen to her in the end.

לדרוש את ה': שיגיד לה מה תהא בסופה:

23. And the Lord said to her, "Two nations are in your womb, and two kingdoms will separate from your innards, and one kingdom will become mightier than the other kingdom, and the elder will serve the younger.

כג. וַיֹּאמֶר יְהֹוָה לָהּ שְׁנֵי גוֹיִם בְּבִטְנֵךְ וּשְׁנֵי לְאֻמִּים מִמֵּעַיִךְ יִפָּרֵדוּ וּלְאֹם מִלְאֹם יֶאֱמָץ וְרַב יַעֲבֹד צָעִיר:

And the Lord said to her: through a messenger. Shem was told through Divine inspiration, and he told it to her. — [From Gen. Rabbah 63:7]

ויאמר ה' לה: על ידי שליח, לשם נאמר ברוח הקודש והוא אמר לה:

Two nations are in your womb: [The word גוֹיִם] is written גֵייִם [which is pronounced] like גֵאִים (exalted persons). These were Antoninus and Rabbi [Judah the Prince], from whose tables neither radishes nor lettuce were lacking either in the summer or in the winter. — [From Avodah Zarah 11a]

שני גוים בבטנך: גיים כתיב, אלו אנטונינוס ורבי, שלא פסקו מעל שולחנם לא צנון ולא חזרת לא בימות החמה ולא בימות הגשמים:

and two kingdoms: לְאֹם always means a kingdom. — [From Avodah Zarah 2b]

ושני לאמים: אין לאום אלא מלכות:

will separate from your innards: From the womb they are separated, this one to his wickedness, and this one to his innocence.

ממעיך יפרדו: מן המעים הם נפרדים, זה לרשעו וזה לתומו:

will become mightier than the other kingdom: They will not be equal in greatness; when one rises, the other will fall, and so [Scripture] states (Ezek. 26:2): “I shall become full from the destroyed city.” Tyre became full [gained power] only from the destruction of Jerusalem. — [From Meg. 6a, Pes. 42b]

מלאם יאמץ: לא ישוו בגדולה, כשזה קם זה נופל, וכן הוא אומר (יחזקאל כו ב) אמלאה החרבה, לא נתמלאה צור אלא מחורבנה של ירושלים:

24. And her days to give birth were completed, and behold, there were twins in her womb.

כד. וַיִּמְלְאוּ יָמֶיהָ לָלֶדֶת וְהִנֵּה תוֹמִם בְּבִטְנָהּ:

And her days…were completed: But regarding Tamar it is written (below 38:27):“And it came about at the time of her travail,” because her term [of pregnancy] was not filled, for she gave birth to them after seven months. — [From Gen. Rabbah 63:8, 85:13]

וימלאו ימיה: אבל בתמר כתיב (להלן לח כז) ויהי בעת לדתה. שלא מלאו ימיה כי לשבעה חדשים ילדתם:

there were twins in her womb: [תוֹמִם is spelled] defectively [missing an “aleph” and“yud”], but concerning Tamar, it is written תְּאוֹמִים, with the plene spelling, [with an “aleph” and“yud”] because they (Perez and Zerah) were both righteous, but here, one was righteous and one was wicked. — [From Gen. Rabbah 63:8]

והנה תומם: חסר, ובתמר תאומים מלא לפי ששניהם צדיקים, אבל כאן אחד צדיק ואחד רשע:

25. And the first one emerged ruddy; he was completely like a coat of hair, and they named him Esau.

כה. וַיֵּצֵא הָרִאשׁוֹן אַדְמוֹנִי כֻּלּוֹ כְּאַדֶּרֶת שֵׂעָר וַיִּקְרְאוּ שְׁמוֹ עֵשָׂו:

ruddy: That is a sign that he will be a person who sheds blood (Gen. Rabbah 63:8).

אדמוני: סימן הוא שיהא שופך דמים:

he was completely like a coat of hair: full of hair like a woolen cloak, which is full of hair, flochede in Old French.

כלו כאדרת שער: מלא שער כטלית של צמר המלאה שער פלוקייד"א בלע"ז [אריג צמר]:

and they named him Esau: They all called him this because he was complete (עָשׂוּי) [lit., made,] and fully developed with hair, like one many years old.

ויקראו שמו עשו: הכל קראו לו כן, לפי שהיה נעשה ונגמר בשערו כבן שנים הרבה:

26. And afterwards, his brother emerged, and his hand was grasping Esau's heel, and he named him Jacob. Now Isaac was sixty years old when she gave birth to them.

כו. וְאַחֲרֵי כֵן יָצָא אָחִיו וְיָדוֹ אֹחֶזֶת בַּעֲקֵב עֵשָׂו וַיִּקְרָא שְׁמוֹ יַעֲקֹב וְיִצְחָק בֶּן שִׁשִּׁים שָׁנָה בְּלֶדֶת אֹתָם:

And afterwards, his brother emerged, etc.: I heard a Midrash Aggadah that interprets it (the verse) according to its simple meaning: He (Jacob) held onto him lawfully, to restrain him. Jacob was formed from the first drop and Esau from the second. Go forth and learn from a tube that has a narrow opening. Insert two stones into it, one after the other. The one that entered first will emerge last, and the one that entered last will emerge first. The result is that Esau, who was formed last, emerged first, and Jacob, who was formed first emerged last, and Jacob came to restrain him so that he (Jacob) should be the first to be born as he was the first to be formed, and he would open her womb and take the birthright by law. — [From Gen. Rabbah 63:8]

ואחרי כן יצא אחיו וגו': שמעתי מדרש אגדה הדורשו לפי פשוטו, בדין היה אוחז בו לעכבו, יעקב נוצר מטיפה ראשונה ועשו מן השניה, צא ולמד משפופרת שפיה קצרה, תן לה שתי אבנים זו תחת זו, הנכנסת ראשונה תצא אחרונה, והנכנסת אחרונה תצא ראשונה, נמצא עשו הנוצר באחרונה יצא ראשון, ויעקב שנוצר ראשונה יצא אחרון, ויעקב בא לעכבו שיהא ראשון ללידה כראשון ליצירה, ויפטור את רחמה, ויטול את הבכורה מן הדין:

Esau’s heel: [This is] a sign that this one (Esau) will not manage to complete his reign until this one rises up and takes it from him. — [From Gen. Rabbah 63:9]

בעקב עשו: סימן שאין זה מספיק לגמור מלכותו עד שזה עומד ונוטלה הימנו:

and he named him Jacob: The Holy One, blessed be He [gave him this name]. (He said, “You named your firstborn [i.e. this refers to those who named Esau (verse 25)]. I too will name My firstborn.” This is what is written: “and He named him Jacob”) (Mid. Tanchuma Shemoth 4). Another explanation: His father called him Jacob (יַעִקֹב) because of the holding of the heel (הֶעָקֵב). (Yerushalmi Ber. 1:6)

ויקרא שמו יעקב: הקב"ה. דבר אחר אביו קרא לו יעקב על שם אחיזת העקב:

sixty years old: Ten years since he had married her until she became thirteen years old and able to conceive, and the [following] ten years he looked forward and waited for her, as his father had done for Sarah. Since she did not conceive, he knew that she was barren, and he prayed for her, but he did not wish to take a maidservant [as Abraham had done] because he had been hallowed on Mount Moriah to be a perfect burnt offering. — [From Pirkei d’Rabbi Eliezer, ch. 32]

בן ששים שנה: עשר שנים משנשאה עד שנעשית בת שלש עשרה שנה וראויה להריון ועשר שנים הללו צפה והמתין לה כמו שעשה אביו לשרה, כיון שלא נתעברה ידע שהיא עקרה והתפלל עליה. ושפחה לא רצה לישא, לפי שנתקדש בהר המוריה להיות עולה תמימה:

27. And the youths grew up, and Esau was a man who understood hunting, a man of the field, whereas Jacob was an innocent man, dwelling in tents.

כז. וַיִּגְדְּלוּ הַנְּעָרִים וַיְהִי עֵשָׂו אִישׁ יֹדֵעַ צַיִד אִישׁ שָׂדֶה וְיַעֲקֹב אִישׁ תָּם ישֵׁב אֹהָלִים:

And the youths grew up, and Esau was: As long as they were small, they were not recognizable through their deeds, and no one scrutinized them to determine their characters. As soon as they became thirteen years old, this one parted to the houses of study, and that one parted to idol worship. — [From Gen. Rabbah 63:10; Tanchuma, Ki Theze 4]

ויגדלו הנערים ויהי עשו: כל זמן שהיו קטנים לא היו נכרים במעשיהם ואין אדם מדקדק בהם מה טיבם, כיון שנעשו בני שלש עשרה שנה זה פירש לבתי מדרשות וזה פירש לעבודה זרה:

who understood hunting: [He knew how] to trap and to deceive his father with his mouth and ask him,“Father, how do we tithe salt and straw?” His father thereby thought that he was scrupulous in his observance of the commandments (Tanchuma, Toeldoth 8).

יודע ציד: לצוד ולרמות את אביו בפיו, ושואלו אבא היאך מעשרין את המלח ואת התבן, כסבור אביו שהוא מדקדק במצות:

a man of the field: As its apparent meaning: an idler who hunts beasts and birds with his bow. — [From Targum Jonathan]

איש שדה: כמשמעו אדם בטל וצודה בקשתו חיות ועופות:

an innocent man: He was not an expert in all these [matters]. Like his heart, so was his mouth. A person who is not astute at deceiving is called תָּם, innocent.

תם: אינו בקי בכל אלה, אלא כלבו כן פיו. מי שאינו חריף לרמות קרוי תם:

dwelling in tents: the tent of Shem and the tent of Eber. — [From Gen. Rabbah 63:10]

ישב אהלים: אהלו של שם ואהלו של עבר:

28. And Isaac loved Esau because [his] game was in his mouth, but Rebecca loved Jacob.

כח. וַיֶּאֱהַב יִצְחָק אֶת עֵשָׂו כִּי צַיִד בְּפִיו וְרִבְקָה אֹהֶבֶת אֶת יַעֲקֹב:

in his mouth: As the Targum renders: into Isaac’s mouth. The Midrashic interpretation is: with Esau’s mouth, for he would entrap him and deceive him with his words. — [From Tanchuma, Toledoth 8]

בפיו: כתרגומו בפיו של יצחק. ומדרשו בפיו של עשו שהיה צד אותו ומרמהו בדבריו:

29. Now Jacob cooked a pottage, and Esau came from the field, and he was faint.

כט. וַיָּזֶד יַעֲקֹב נָזִיד וַיָּבֹא עֵשָׂו מִן הַשָּׂדֶה וְהוּא עָיֵף:

cooked: Heb. וַיָּזֶד, an expression of cooking, as the Targum renders.

ויזד: לשון בישול, כתרגומו:

and he was faint: Heb. עָיֵף (Gen. Rabbah 63: 12) from committing murder, as it is said (Jer. 4:31):“for my soul is faint (עָיְפָה) before the murderers.”

והוא עיף: ברציחה, כמה דתימא (ירמיה ד לא) כי עיפה נפשי להורגים:

30. And Esau said to Jacob, "Pour into [me] some of this red, red [pottage], for I am faint"; he was therefore named Edom.

ל. וַיֹּאמֶר עֵשָׂו אֶל יַעֲקֹב הַלְעִיטֵנִי נָא מִן הָאָדֹם הָאָדֹם הַזֶּה כִּי עָיֵף אָנֹכִי עַל כֵּן קָרָא שְׁמוֹ אֱדוֹם:

Pour into [me]: I will open my mouth, and [you] pour very much into it, as we learned (Shab. 155b):“We may not stuff a camel, etc. [on the Sabbath] but we may put food into its mouth (מַלְעִטִין) .” - [From Gen. Rabbah 63:12]

הלעיטני: אפתח פי ושפוך הרבה לתוכה, כמו ששנינו אין אובסין את הגמל אבל מלעיטין אותו:

some of this red, red [pottage]: red lentils. And on that day, Abraham died, lest he see Esau, his grandson, falling into bad ways, for that would not be the “good old age” that the Holy One, blessed be He, had promised him. Therefore, the Holy One, blessed be He, shortened his life by five years, for Isaac lived one hundred and eighty years, and this one (Abraham) [lived] one hundred and seventy-five years, and Jacob cooked lentils to feed the mourner (Isaac). But why lentils? Because they are [round as] a wheel, for mourning is like a wheel revolving in the world. (Also, just as lentils have no mouth [no crack], as other beans have, so does the mourner have no mouth, for he is prohibited from speaking. It is therefore the custom to feed the mourner eggs at the beginning of his meal, since they are round, and have no mouth. So too does a mourner have no mouth, as is discussed in Mo’ed Katan (21b): “A mourner, for the entire first three days, may not respond to anyone’s greeting, and may surely not initiate a greeting. From the third day to the seventh, he may respond, but may not greet, etc.” [This is found] in an old [edition of] Rashi.)- [From Gen. Rabbah 63:12, B.B. 16b]

מן האדם האדם: עדשים אדומות, ואותו היום מת אברהם שלא יראה את עשו בן בנו יוצא לתרבות רעה, ואין זו שיבה טובה שהבטיחו הקב"ה, לפיכך קצר הקב"ה חמש שנים משנותיו, שיצחק חי מאה ושמונים שנה וזה מאה שבעים וחמש שנה, ובישל יעקב עדשים להברות את האבל. ולמה עדשים, שדומות לגלגל שהאבלות גלגל החוזר בעולם (ועוד מה עדשים אין להם פה כך האבל אין לו פה שאסור לדבר. ולפיכך המנהג להברות את האבל בתחלת מאכלו ביצים שהם עגולים ואין להם פה, כך אבל אין לו פה כדאמרינן במועד קטן (כא ב) אבל כל שלשה ימים הראשונים אינו משיב שלום לכל אדם וכל שכן שאינו שואל בתחלה, משלשה ועד שבעה משיב ואינו שואל וכו'):

31. And Jacob said, "Sell me as of this day your birthright."

לא. וַיֹּאמֶר יַעֲקֹב מִכְרָה כַיּוֹם אֶת בְּכֹרָתְךָ לִי:

Sell me as of this day: As the Targum renders: כְּיוֹם דִילְהֵן, “like this day” ; just as this day is clear, so sell it to me with a clear sale.

מכרה כיום: כתרגומו כיום דילהן, כיום שהוא ברור, כך מכור לי מכירה ברורה:

your birthright: Since the [sacrificial] service was performed by the firstborn, Jacob said, “This wicked man does not deserve to sacrifice to the Holy One, blessed be He.” - [From Gen. Rabbah 63:13]

בכרתך: לפי שהעבודה בבכורות, אמר יעקב אין רשע זה כדאי שיקריב להקב"ה:

32. Esau replied, "Behold, I am going to die; so why do I need this birthright?"

לב. וַיֹּאמֶר עֵשָׂו הִנֵּה אָנֹכִי הוֹלֵךְ לָמוּת וְלָמָּה זֶּה לִי בְּכֹרָה:

Esau replied, “Behold, I am going to die”: (The birthright is something unstable, for the [sacrificial] service will not always be the function of the firstborn, for the tribe of Levi will take it. Furthermore,) said Esau [to Jacob], “What is the nature of this service?” He replied, “There are many prohibitions and punishments and death penalties involved with it, as we learned (Sanh. 83a): ‘These are the ones who are liable to death: Those [performing the Temple service] who have imbibed wine and those who have not cut their hair.’” He (Esau) said,“Behold, I am going to die because of it (i.e., the birthright); if so, why should I want it?”

הנה אנכי הולך למות: (מתנודדת והולכת היא הבכורה שלא תהא כל עת העבודה בבכורות כי שבט לוי יטול אותה ועוד) אמר עשו מה טיבה של עבודה זו, אמר לו כמה אזהרות ועונשין ומיתות תלוין בה, כאותה ששנינו אלו הן שבמיתה שתויי יין, ופרועי ראש. אמר אני הולך למות על ידה, אם כן מה חפץ לי בה:

33. And Jacob said, "Swear to me as of this day"; so he swore to him, and he sold his birthright to Jacob.

לג. וַיֹּאמֶר יַעֲקֹב הִשָּׁבְעָה לִּי כַּיּוֹם וַיִּשָּׁבַע לוֹ וַיִּמְכֹּר אֶת בְּכֹרָתוֹ לְיַעֲקֹב:

34. And Jacob gave Esau bread and a pottage of lentils, and he ate and drank and arose and left, and Esau despised the birthright.

לד. וְיַעֲקֹב נָתַן לְעֵשָׂו לֶחֶם וּנְזִיד עֲדָשִׁים וַיֹּאכַל וַיֵּשְׁתְּ וַיָּקָם וַיֵּלַךְ וַיִּבֶז עֵשָׂו אֶת הַבְּכֹרָה:

and Esau despised: Scripture attests to his wickedness, that he despised the service of the Omnipresent.

ויבז עשו: העיד הכתוב על רשעו שביזה עבודתו של מקום:

Chapter 26

1. And there was a famine in the land, aside from the first famine that had been in the days of Abraham, and Isaac went to Abimelech the king of the Philistines, to Gerar.

א. וַיְהִי רָעָב בָּאָרֶץ מִלְּבַד הָרָעָב הָרִאשׁוֹן אֲשֶׁר הָיָה בִּימֵי אַבְרָהָם וַיֵּלֶךְ יִצְחָק אֶל אֲבִימֶלֶךְ מֶלֶךְ פְּלִשְׁתִּים גְּרָרָה:

2. And the Lord appeared to him, and said, "Do not go down to Egypt; dwell in the land that I will tell you.

ב. וַיֵּרָא אֵלָיו יְהֹוָה וַיֹּאמֶר אַל תֵּרֵד מִצְרָיְמָה שְׁכֹן בָּאָרֶץ אֲשֶׁר אֹמַר אֵלֶיךָ:

Do not go down to Egypt: For he had in mind to go down to Egypt as his father had gone down in the days of the famine. He [God] said to him, “Do not go down to Egypt.” You are [as] a perfect burnt offering, and being outside the Holy Land is not fitting for you. [Tanchuma Buber, Toledoth 6; Gen. Rabbah 64:3]

אל תרד מצרימה: שהיה דעתו לרדת מצרימה כמו שירד אביו בימי הרעב, אמר לו אל תרד מצרימה שאתה עולה תמימה, ואין חוצה לארץ כדאי לך:

3. Sojourn in this land, and I will be with you, and I will bless you, for to you and to your seed will I give all these lands, and I will establish the oath that I swore to Abraham, your father.

ג. גּוּר בָּאָרֶץ הַזֹּאת וְאֶהְיֶה עִמְּךָ וַאֲבָרֲכֶךָּ כִּי לְךָ וּלְזַרְעֲךָ אֶתֵּן אֶת כָּל הָאֲרָצֹת הָאֵל וַהֲקִמֹתִי אֶת הַשְּׁבֻעָה אֲשֶׁר נִשְׁבַּעְתִּי לְאַבְרָהָם אָבִיךָ:

these: הָאֵל is equivalen to הָאֵלה

האל: כמו האלה:

4. And I will multiply your seed like the stars of the heavens, and I will give your seed all these lands, and all the nations of the earth will bless themselves by your seed,

ד. וְהִרְבֵּיתִי אֶת זַרְעֲךָ כְּכוֹכְבֵי הַשָּׁמַיִם וְנָתַתִּי לְזַרְעֲךָ אֵת כָּל הָאֲרָצֹת הָאֵל וְהִתְבָּרֲכוּ בְזַרְעֲךָ כֹּל גּוֹיֵי הָאָרֶץ:

And they will bless themselves by your seed: A man tells his son, "May your children be like the children of Yitzchak". And the same in all of Scripture. And the following is the archetype of all (48:20): Through you shall Israel bless, saying, may [G-d] see you as Ephraim and Manasseh. We also found with regards to the curse, (Numbers 5:27), "And the woman shall be a curse" whereby one who curses his enemy says "may you be like that particular woman". Similarly (Isaiah 65:15), "May you leave your name as an oath to my chosen" whereby one who takes an oath says "May I be like that particular person if I did such and such and such".

והתברכו בזרעך: אדם אומר לבנו יהא זרעך כזרעו של יצחק, וכן בכל המקרא. וזה אב לכולן (להלן מח כ) בך יברך ישראל לאמר ישימך כאפרים וכמנשה, ואף לענין הקללה מצינו כן (במדבר ה כז) והיתה האשה לאלה, שהמקלל שונאו אומר תהא כפלונית, וכן (ישעיה סה טו) והנחתם שמכם לשבועה לבחירי, שהנשבע אומר אהא כפלוני אם עשיתי כך וכך:

5. Because Abraham hearkened to My voice, and kept My charge, My commandments, My statutes, and My instructions."

ה. עֵקֶב אֲשֶׁר שָׁמַע אַבְרָהָם בְּקֹלִי וַיִּשְׁמֹר מִשְׁמַרְתִּי מִצְוֹתַי חֻקּוֹתַי וְתוֹרֹתָי:

Because Abraham hearkened to My voice: when I tested him.

שמע אברהם בקולי: כשנסיתי אותו:

and kept My charge: [Referring to] decrees to distance [himself] from transgressing the warnings in the Torah, e.g. secondary prohibitions to prevent incest from occurring, and the Rabbinic decrees to safeguard the prohibitions of the Sabbath.

וישמר משמרתי: גזרות להרחקה על אזהרות שבתורה, כגון שניות לעריות ושבות לשבת:

My commandments: [Referring to] things, which, had they not been written, would have been fit to be commanded, e.g. [prohibitions against] robbery and bloodshed.

מצותי: דברים שאילו לא נכתבו ראויין הם להצטוות כגון גזל ושפיכות דמים:

My statutes: [Referring to] things that the evil inclination and the nations of the world argue against, e.g. [the prohibitions against] eating pork and wearing garments of wool and linen for which no reason [is given], but [which are] the decree of the King and His statutes over His subjects.

חקותי: דברים שיצר הרע ואומות העולם משיבין עליהם כגון אכילת חזיר ולבישת שעטנז שאין טעם בדבר אלא גזירת המלך וחקותיו על עבדיו:

and My instructions: To include the Oral Law, the laws given to Moses from Sinai. [Yoma 28b]

ותורתי: להביא תורה שבעל פה, הלכה למשה מסיני:

Chapter 26

6. And Isaac dwelt in Gerar.

ו. וַיֵּשֶׁב יִצְחָק בִּגְרָר:

7. And the men of the place asked about his wife, and he said, "She is my sister," because he was afraid to say, "[She is] my wife," [because he said,] "Lest the men of the place kill me because of Rebecca, for she is of comely appearance."

ז. וַיִּשְׁאֲלוּ אַנְשֵׁי הַמָּקוֹם לְאִשְׁתּוֹ וַיֹּאמֶר אֲחֹתִי הִוא כִּי יָרֵא לֵאמֹר אִשְׁתִּי פֶּן יַהַרְגֻנִי אַנְשֵׁי הַמָּקוֹם עַל רִבְקָה כִּי טוֹבַת מַרְאֶה הִוא:

about his wife: Heb. לְאִשְׁתּוֹ, lit., to his wife, about his wife, like (above 20:13):“Say about me (לִי) , ‘He is my brother.’”

לאשתו: על אשתו, כמו (לעיל כ יג) אמרי לי אחי הוא:

8. And it came to pass, when he had been there for many days, that Abimelech, the king of the Philistines, looked out of the window, and he saw, and behold, Isaac was jesting with Rebecca his wife.

ח. וַיְהִי כִּי אָרְכוּ לוֹ שָׁם הַיָּמִים וַיַּשְׁקֵף אֲבִימֶלֶךְ מֶלֶךְ פְּלִשְׁתִּים בְּעַד הַחַלּוֹן וַיַּרְא וְהִנֵּה יִצְחָק מְצַחֵק אֵת רִבְקָה אִשְׁתּוֹ:

when he had been there for many days: He said [to himself],“From now on, I need not worry since they have not violated her until now,” and he did not take precautions to beware.

כי ארכו: אמר מעתה אין לי לדאוג מאחר שלא אנסוה עד עכשיו, ולא נזהר להיות נשמר:

that Abimelech…looked, etc: He saw him engaging in marital relations. [Gen. Rabbah 64:5]

וישקף אבימלך וגו': שראהו משמש מטתו:

9. So Abimelech called Isaac, and he said, "Behold, she is your wife; so how could you have said, 'She is my sister'?" And Isaac said to him, "Because I said, 'Lest I die because of her. '"

ט. וַיִּקְרָא אֲבִימֶלֶךְ לְיִצְחָק וַיֹּאמֶר אַךְ הִנֵּה אִשְׁתְּךָ הִוא וְאֵיךְ אָמַרְתָּ אֲחֹתִי הִוא וַיֹּאמֶר אֵלָיו יִצְחָק כִּי אָמַרְתִּי פֶּן אָמוּת עָלֶיהָ:

10. And Abimelech said, "What have you done to us? The most prominent of the people might easily have lain with your wife, and you would have brought guilt upon us."

י. וַיֹּאמֶר אֲבִימֶלֶךְ מַה זֹּאת עָשִׂיתָ לָּנוּ כִּמְעַט שָׁכַב אַחַד הָעָם אֶת אִשְׁתֶּךָ וְהֵבֵאתָ עָלֵינוּ אָשָׁם:

The most prominent of the people: Heb. אַחַד הָעָם, the most prominent one of the people, meaning the king. [Gen. Targum Onkelos and Jonathan]

אחד העם: המיוחד בעם זה המלך:

and you would have brought guilt upon us: Had he had relations, you would have brought guilt upon us.

והבאת עלינו אשם: אם שכב, כבר הבאת עלינו אשם:

11. And Abimelech commanded all the people, saying, "Whoever touches this man or his wife shall be put to death."

יא. וַיְצַו אֲבִימֶלֶךְ אֶת כָּל הָעָם לֵאמֹר הַנֹּגֵעַ בָּאִישׁ הַזֶּה וּבְאִשְׁתּוֹ מוֹת יוּמָת:

12. And Isaac sowed in that land, and he found in that year a hundred fold, and the Lord blessed him.

יב. וַיִּזְרַע יִצְחָק בָּאָרֶץ הַהִוא וַיִּמְצָא בַּשָּׁנָה הַהִוא מֵאָה שְׁעָרִים וַיְבָרֲכֵהוּ יְהֹוָה:

in that land: [The land yielded an abundant harvest] even though it was not considered as esteemed as the Land of Israel itself, i.e., as the land of the seven nations (Gen. Rabbah 64:6).

בארץ ההיא: אף על פי שאינה חשובה כארץ ישראל עצמה, כארץ שבעה גויים:

in that year: Even though it was not as it should have been, for it was a year of famine (Gen. Rabbah ad loc.).

בשנה ההיא: אף על פי שאינה כתקנה, שהיתה שנת רעבון:

in that land…in that year: Why both of them? To tell us that the land was hard and that the year was a hard one.

בארץ ההיא בשנה ההיא: שניהם למה, לומר שארץ קשה והשנה קשה:

a hundred fold: For they had estimated how much it [the land] was fit to produce, and it produced for each measure that they had estimated, one hundred [measures], and our Rabbis said that the purpose of this estimate was for tithing. [Gen. Rabbah 64:6]

מאה שערים: שאמדוה כמה ראויה לעשות ועשתה על אחת מאה שאמדוה. ורבותינו אמרו אומד זה למעשרות היה:

~~~~~~~

Daily Tehillim: Psalms Chapter 108 ~ 118

Chapter 108

1. A song, a psalm by David.

2. My heart is steadfast, O God; I will sing and chant praises even with my soul.

3. Awake, O lyre and harp; I shall awaken the dawn.

4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.

5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.

6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.

7. That Your beloved ones may be delivered, help with Your right hand and answer me.

8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.

9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.

10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.

11. Who brings me to the fortified city? Who led me unto Edom?

12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?

13. Give us help against the adversary; futile is the help of man.

14. Through God we will do valiantly, and He will trample our oppressors.

Chapter 109

David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.

1. For the Conductor, by David, a psalm. O God of my praise, be not silent.

2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.

3. They have surrounded me with words of hate, and attacked me without cause.

4. In return for my love they hate me; still, I am [a man of] prayer.

5. They placed harm upon me in return for my favor, and hatred in return for my love.

6. Appoint a wicked man over him; let an adversary stand at his right.

7. When he is judged may he go out condemned; may his prayer be considered a sin.

8. May his days be few; may another take his position.

9. May his children be orphans and his wife a widow.

10. May his children wander about and beg; may they seek charity from amid their ruins.

11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.

12. May he have none who extends him kindness, and may none be gracious to his orphans.

13. May his posterity be cut off; may their name be erased in a later generation.

14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.

15. May they be before the Lord always, and may He cut off their memory from the earth.

16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].

17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.

18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.

19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.

20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.

21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!

22. For I am poor and destitute, and my heart has died within me.

23. Like the fleeting shadow I am banished, I am tossed about like the locust.

24. My knees totter from fasting, and my flesh is lean without fat.

25. And I became a disgrace to them; they see me and shake their heads.

26. Help me, Lord, my God, deliver me according to Your kindness.

27. Let them know that this is Your hand, that You, Lord, have done it.

28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.

29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.

30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,

31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.

Chapter 110

This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.

1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”

2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.

3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.

4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”

5. My Lord is at your right; He has crushed kings on the day of His fury.

6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.

7. He will drink from the stream on the way, and so will hold his head high.

Chapter 111

This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.

1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.

2. Great are the works of the Lord, [yet] available to all who desire them.

3. Majesty and splendor are His work, and His righteousness endures forever.

4. He established a memorial for His wonders, for the Lord is gracious and compassionate.

5. He gave food to those who fear Him; He remembered His covenant always.

6. He has declared the power of His deeds to His people, to give them the inheritance of nations.

7. The works of His hands are true and just; all His mandates are faithful.

8. They are steadfast for ever and ever, for they are made with truth and uprightness.

9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.

10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.

Chapter 112

This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.

1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.

2. His descendants will be mighty on the earth; he will be blessed with an upright generation.

3. Wealth and riches are in his house, and his righteousness endures forever.

4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.

5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.

6. For he will never falter; the righteous man will be an eternal remembrance.

7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.

8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].

9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.

10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.

Chapter 113

This psalm recounts some of the wonders of the exodus from Egypt.

1. Praise the Lord! Offer praise, you servants of the Lord; praise the Name of the Lord.

2. May the Name of the Lord be blessed from now and to all eternity.

3. From the rising of the sun to its setting, the Name of the Lord is praised.

4. The Lord is high above all nations; His glory transcends the heavens.

5. Who is like the Lord our God, Who dwells on high

6. [yet] looks down so low upon heaven and earth!

7. He raises the poor from the dust, lifts the destitute from the dunghill,

8. to seat them with nobles, with the nobles of His people.

9. He transforms the barren woman into a household, into a joyful mother of children. Praise the Lord!

Chapter 114

This psalm explains why the tribe of Judah merited kingship.

1. When Israel went out of Egypt, the House of Jacob from a people of a foreign tongue,

2. Judah became His holy [nation], Israel, His domain.

3. The sea saw and fled, the Jordan turned backward.

4. The mountains skipped like rams, the hills like young sheep.

5. What is the matter with you, O sea, that you flee; Jordan, that you turn backward;

6. mountains, that you skip like rams; hills, like young sheep?

7. [We do so] before the Master, the Creator of the earth, before the God of Jacob,

8. Who turns the rock into a pool of water, the flintstone into a water fountain.

Chapter 115

A prayer that God bring this long exile to an end, for the sake of His Name-that it not be desecrated.

1. Not for our sake, Lord, not for our sake, but for the sake of Your Name bestow glory, because of Your kindness and Your truth.

2. Why should the nations say, "Where, now, is their God?”

3. Indeed, our God is in heaven; whatever He desires, He does.

4. Their idols are of silver and gold, the product of human hands.

5. They have a mouth, but cannot speak; they have eyes, but cannot see;

6. they have ears, but cannot hear; they have a nose, but cannot smell;

7. their hands cannot touch; their feet cannot walk; they can make no sound in their throat.

8. Those who make them will become like them-all who put their trust in them.

9. Israel, trust in the Lord; He is their help and their shield.

10. House of Aaron, trust in the Lord; He is their help and their shield.

11. You who fear the Lord, trust in the Lord; He is their help and their shield.

12. The Lord who is ever mindful of us, may He bless: May He bless the House of Israel; may He bless the House of Aaron;

13. may He bless those who fear the Lord, the small with the great.

14. May the Lord increase [blessing] upon you, upon you and upon your children.

15. You are blessed by the Lord, the Maker of heaven and earth.

16. The heavens are the Lord's heavens, but the earth He gave to the children of man.

17. The dead cannot praise the Lord, nor any who descend into the silence [of the grave].

18. But we will bless the Lord from now to eternity. Praise the Lord!

Chapter 116

This psalm contains magnificent praises to God. It also describes David's love for God, in light of all the miracles He performed for him. David does not know how to repay God, declaring it impossible to pay back for all God has done for him.

1. I would love if the Lord would listen to my voice, to my supplications;

2. if He would turn His ear to me on the days when I call.

3. The pangs of death encompassed me and the misery of the grave came upon me; I encounter trouble and sorrow.

4. I invoke the Name of the Lord, "Lord, I implore you, deliver my soul!”

5. The Lord is gracious and righteous; our God is compassionate.

6. The Lord watches over the simpletons; I was brought low, and He saved me.

7. Return, my soul, to your tranquility, for the Lord has bestowed goodness upon you.

8. For You have delivered my soul from death, my eyes from tears, my feet from stumbling.

9. I shall walk before the Lord in the lands of the living.

10. I had faith even when I declared, "I am greatly afflicted";

11. [even when] I said in my haste, "All men are deceitful.”

12. How can I repay the Lord for all His beneficences to me?

13. I will raise the cup of deliverance and proclaim the Name of the Lord.

14. I will pay my vows to the Lord in the presence of all His people.

15. Grievous in the eyes of the Lord is the death of His pious ones.

16. I thank you, Lord, that since I am Your servant, I am Your servant the son of Your maidservant, You have loosened my bonds.

17. To You I will bring an offering of thanksgiving, and proclaim the Name of the Lord.

18. I will pay my vows to the Lord in the presence of all His people,

19. in the courtyards of the House of the Lord, in the midst of Jerusalem. Praise the Lord!

Chapter 117

This psalm of two verses alludes to the Messianic era, when the Children of Israel will enjoy their former glory. All will praise God, in fulfillment of the verse, "All will then call in the Name of God."

1. Praise the Lord, all you nations; extol Him, all you peoples.

2. For His kindness was mighty over us, and the truth of the Lord is everlasting. Praise the Lord!

Chapter 118

This psalm describes David's immense trust in God. It also contains many praises to God, Who has fulfilled that which He has promised us.

1. Offer praise to the Lord for He is good, for His kindness is everlasting.

2. Let Israel declare that His kindness is everlasting.

3. Let the House of Aaron declare that His kindness is everlasting.

4. Let those who fear the Lord declare that His kindness is everlasting.

5. From out of distress I called to God; with abounding relief, God answered me.

6. The Lord is with me, I do not fear-what can man do to me?

7. The Lord is with me among my helpers, and I will see [the downfall of] my enemies.

8. It is better to rely on the Lord than to trust in man.

9. It is better to rely on the Lord than to trust in nobles.

10. All the nations surrounded me, but in the Name of the Lord I will cut them down.

11. They surrounded me, they encompassed me, but in the Name of the Lord I will cut them down.

12. They surrounded me like bees, yet they shall be extinguished like fiery thorns; in the Name of the Lord I will cut them down.

13. You [my foes] repeatedly pushed me to fall, but the Lord helped me.

14. God is my strength and song, and He has been a help to me.

15. The sound of rejoicing and deliverance reverberates in the tents of the righteous, "The right hand of the Lord performs deeds of valor.

16. The right hand of the Lord is exalted; the right hand of the Lord performs deeds of valor!”

17. I shall not die, but I shall live and recount the deeds of God.

18. God has indeed chastised me, but He did not give me up to death.

19. Open for me the gates of righteousness; I will enter them and praise God.

20. This is the gate of the Lord, the righteous will enter it.

21. I offer thanks to You, for You have answered me, and You have been my deliverance.

22. The stone which the builders scorned has become the chief cornerstone.

23. From the Lord has this come about; it is wondrous in our eyes.

24. This is the day which the Lord has made; let us be glad and rejoice on it.

25. We implore You, Lord, deliver us. We implore You, Lord, grant us success.

26. Blessed is he who comes in the Name of the Lord; we bless you from the House of the Lord.

27. The Lord is a benevolent God and He has given us light; bind the festival offering with cords until [you bring it to] the horns of the altar.

28. You are my God and I will praise You, my God-and I will exalt You.

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

~~~~~~~

Tanya: Iggeret HaKodesh, end of Epistle 29 & Iggeret HaKodesh, Epistle 30

Sunday, Cheshvan 23, 5704 ~ 27 October 2013 ~~ Monday, Cheshvan 24, 5774 ~ 28 October 2013

Iggeret HaKodesh, end of Epistle 29

The Alter Rebbe now focuses on the distinctive quality inherent in the halachot of the Oral Torah. It is these halachot that reveal the Supernal Will, by defining what it actually requires of us in the performance of the mitzvot, in order thereby to draw down this lofty level of Divinity.

והנה מודעת זאת כי הנה רצון העליון ב"ה המלובש בתרי"ג מצות שבתורה שבכתב הוא מופלא ומכוסה טמיר ונעלם ואינו מתגלה אלא בתורה שבע"פ

Now, as is known, the Supernal Will as vested in the 613 commandments of the Written Torah, is hidden and covered, secreted and concealed. It is manifest only in the Oral Torah.1

כמו מצות תפילין עד"מ שנאמר בתושב"כ וקשרתם לאות על ידך והיו לטוטפות בין עיניך

For example, the precept of tefillin: In the Written Torah it is stated,2 "And you shall bind them for a sign on your hand, and they shall be for frontlets between your eyes."

והוא מאמר סתום ונעלם שלא פירש הכתוב איך ומה לקשור ומהו טוטפות והיכן הוא בין עיניך ועל ידך

This is an indistinct and obscure statement, for Scripture did not explain how and what to bind, nor what frontlets are, nor where is "between your eyes" or "on your hand,"

עד שפירשה תורה שבע"פ שצריך לקשור בית אחד על היד וד' בתים על הראש ובתוכם ד' פרשיות

until the Oral Torah explicates3 that one needs to bind a single box on the hand, and four boxes on the head, containing four Scriptural passages.

והבתים יהיו מעור מעובד ומרובעים דוקא ומקושרים ברצועות של עור שחורות דוקא

Moreover, the boxes are to be made of prepared leather, and necessarily square, and to be tied by means of leather straps which need to be black,4

וכל שאר פרטי הלכות עשיית התפילין שנאמרו בע"פ

with all the other detailed rulings governing the making of tefillin, that were stated orally, i.e., that are found in the Oral Torah.

ועל ידך היא הזרוע דוקא ולא כף היד ובין עיניך זה קדקוד ולא המצח

Also, "on your hand" refers only to the arm, and not to the palm of the hand;5 and "between your eyes" refers to the scalp, and not to the forehead.6

It is thus only the detailed halachot of the Oral Torah that enable us to perform this mitzvah in keeping with the Supernal Will.

וכן כל מצות שבתורה בין מ"ע בין מצות ל"ת אינן גלויות וידועות ומפורשות אלא ע"י תורה שבע"פ

Likewise all the commandments of the Torah, whether they be positive precepts or prohibitory precepts, are not revealed and known and made explicit except through the Oral Torah.

כמצות ל"ת שנאמר בשבת לא תעשה מלאכה ולא פי' מה היא מלאכה

For instance, the prohibitory precept that has been stated with respect to the Sabbath, "You shall do no work":7[the Written Torah] does not specify what constitutes work.

ובתורה שבע"פ נתפרש שהן ל"ט מלאכות הידועות ולא טלטול אבנים וקורות כבידות

In the Oral Torah, however, it is explicated8 to refer to the well-known 39 forms of work, and not (only) to the carrying of stones or heavy beams, which is only Rabbinically prohibited.9

Though carrying rocks and beams is more tiring than some of the39 prohibited forms of work, it does not fall into any of the categories of work that the Torah prohibits on Shabbat.

According to the alternative reading of our text ("and not only to the carrying of stones or heavy beams"), this work is prohibited by the Torah. Thus the Ramban on Parshat Emor10 states that the term Shabbaton ("a day of rest") that is used with regard to Yom Tov- and the same applies with regard to the commandment tishbot ("you shall rest") of Shabbat - refers also to those activities that do not formally fall within the 39 defined categories of prohibited work, but are nevertheless prohibited by the Torah since they rob a person of his rest and tranquillity.

In the first of his comments on this subject, the Maggid Mishneh argues that the Rambam11 also holds that "you shall rest "forbids even strenuous work that does not fall within any of the39 categories governed by the prohibition, "Do not do any work." (Though the Lechem Mishneh refutes this argument, this remains the view of the Maggid Mishneh.)

Others hold12 that both readings are valid. Each corresponds to one side of a debate in the Yerushalmi13 as to whether or not the Torah prohibits certain forms of work during the Sabbatical year (and by extension, during Shabbat as well) because it is a time of rest, even when there is no additional specific prohibition.

וכיוצא בהן הן כל המצות בין מ"ע בין מל"ת הן סתומות ולא מפורשות וגלויות וידועות אלא ע"י תורה שבע"פ

And as it is with these - [with the above examples of tefillin and Shabbat] - so it is with all the commandments, whether they be positive precepts or prohibitory precepts: they are indistinct, and are explicated and revealed and known only through the Oral Torah.

ומשום הכי כתיב על תושבע"פ אל תטוש תורת אמך כמ"ש בזהר

This is why Scripture says14 of the Oral Torah, "And you shall not cast off the teaching of your mother," as stated in theZohar.15

משום שעד"מ כמו שכל אברי הולד כלולים בטיפת האב בהעלם גדול והאם מוציאתו לידי גילוי בלידתה ולד שלם ברמ"ח אברים ושס"ה גידים

Metaphorically speaking, just as all the organs of a child are comprised, very latently, in the sperm of the father, and the mother brings this out into a state of manifestation when giving birth to a child complete with 248 organs and 365 sinews,

This is an instance of the16 "superior measure of Binah that was granted to woman," the power to make latent gifts manifest and corporeal].

ככה ממש כל רמ"ח מ"ע ושס"ה מל"ת באים מההעלם אל הגילוי בתושבע"פ

exactly so, do the 248 positive precepts and the 365 prohibitory precepts emerge from obscurity to manifestation through the Oral Torah, which is therefore called the "teachings of your mother."

ורישי' דקרא שמע בני מוסר אביך קאי אתורה שבכתב דנפקא מחכמה עילאה הנק' בשם אב

Whereas the beginning of the verse, "Heed, my son, the admonitions of your father," alludes to the Written Torah, which derives from the Supernal Chochmah which is called "father".

וז"ש אשת חיל עטרת בעלה כי התורה שבע"פ הנק' אשת חיל המולידה ומעמדת חיילות הרבה

This, then, is the meaning of the verse [quoted at the outsetof the present Epistle], "A woman of valor is the crown of her husband." For the Oral Torah is termed a "woman of valor" who gives birth to, and raises many legions.

כמ"ש ועלמות אין מספר אל תקרי עלמות אלא עולמות אלו הלכות דלית לון חושבנא כמ"ש בתיקונים

As it is written,17 "and alamot ('maidens') without number": Do not read alamot but olamot ('worlds'),"18 [these innumerable worlds] alluding to the halachot that are without number, as stated in the Tikkunim.19

וכולן הן בחי' גילוי רצון העליון ב"ה הנעלם בתושב"כ

All of these [halachot] are manifestations of the Supernal Will which is hidden in the Written Torah.

The Oral Torah is thus called a "woman of valor," for it givesbirth to multitudinous legions of laws.

The Alter Rebbe will now answer one of his opening questions: Why is it that specifically halachot are referred to as the "crown of the Torah"? Also, why is the individual who studies specifically halachot every day assured of a share in the World to Come?

ורצון העליון ב"ה הוא למעלה מעלה ממעלת חכמה עילאה וכמו כתר ועטרה שעל המוחין שבראש

The Supernal Will which belongs to the Sefirah of Keter, lit., "crown" is exceedingly more sublime than the level of the Supernal Chochmah, just as a crown or wreath is higher than the brains in the head.

לכן נקראו ההלכות בשם תגא וכתרה של תורה

This is why the halachot are referred to as a "crown" and the "crown of the Torah," for they reveal the Supernal Will, which is at the level of Keter.

והשונה הלכות מובטח לו שהוא בן עוה"ב

Likewise, "Whoever studies [specifically] halachot is assured ofa share in the World to Come,"

ע"י התלבשות נר"נ שלו ברצון העליון ב"ה

by investing his Nefesh, Ruach and Neshamah in the Supernal Will,

כנ"ל

as stated above - that the garments for the soul in the World to Come are the mitzvot; these embody the Supernal Will, which is clarified and delineated by the halachot.

FOOTNOTES

1.In an intricate Kabbalistic analysis (in the Glosses on the Tanya published in Likkutei Levi Yitzchak), R. Levi Yitzchak Schneerson, father of the Rebbe, relates the above four expressions ("hidden and covered, secreted and concealed") to the correspondence between the 613 mitzvot of the Written Torah and the four letters of the Divine Name Havayah. In summary: The Name Havayah is merely written, but not given manifest articulation; it finds expression only through its variant pronunciation of Ad-nai, which, however, contracts it and conceals its Essence. In the Written Torah, the Supreme Will underlying the mitzvot is likewise hidden; it becomes revealed ("pronounced") only insofar as it is contracted in the Oral Torah, which corresponds to the Name Ad-nai.

2.Devarim 6:8.

3.See Menachot 34b ff., et al.

4.Note of the Rebbe: "See Rambam, Hilchot Tefillin 3:14, as well as other codifiers."

5.Note of the Rebbe: "...as it means in other places."

6.Note of the Rebbe: "...as was [the position of] the headband [of the High Priest]."

7.Text emended according to Shmot 20:10 and Devarim 16:8

8.See Shabbat 73a, et al

9.Rambam, Hilchot Shabbat 24:12

10.Shmot 23:24

11.Hilchot Shabbat 21:1

12.Likkutei Haggahot LeSefer HaTanya on this Epistle, p. 84

13.Sanhedrin 7:5

14.Mishlei 1:8

15.In the Hashmatot to Zohar II, 276b, the phrase "your mother" is related to the Oral Torah, whereas in Kanfei Yonah 1:4 the Written Torah is called the "admonitions of your father" and the Oral Torah is called the "teachings of your mother."

16.Niddah 45b

17.Shir HaShirim 6:8

18.See Shir HaShirim Rabbah 6:12; Avodah Zarah 35b

19.P. 14b (in the Introduction which begins Patach Eliyahu)

Iggeret HaKodesh, Epistle 30

This is a reasoned message of encouragement in which the Alter Rebbe urges his chassidim not to reduce their fixed annual commitment to charity for the Holy Land, even though their circumstances may have altered. He reminds them once again (as above in Epistle XXI), that what counts is not only the total of one’s contributions over a particular period, but also the multiplicity of benevolent action. The potent repercussions of this oft-repeated activity resound all the way up to the World of Atzilut, where they impregnate the Sefirah of Malchut — the mother, so to speak, of all created worlds.

מודעת זאת מה שאמרו רז״ל: כל הרגיל לבא לבית הכנסת, ויום אחד לא בא, הקדוש ברוך הוא שואל עליו, שנאמר: מי בכם ירא ה׳ וכו׳

It is well known that our Sages, of blessed memory, said that1 whoever is accustomed to come to the synagogue, and one day did not come, the Holy One, blessed be He, inquires after him; for it is written,2 “Who among you fears G‑d, [who listens to the voice of His (prophetic) servant; who walked in the darkness, and for whom no light shone]?”

The Gemara understands this verse as referring to a person who went to “a place of darkness”; his path on this occasion did not lead to the performance of a mitzvah, and this was why he did not attend synagogue. In contrast, the commentaries on the Tanach understand the quoted phrase as referring to a person who finds himself in a situation of darkness and travail. And even such an individual should not refrain from attending, but should (as the verse concludes) “trust in the Divine Name, and rely on His G‑d.”

In this spirit, the present letter argues that even in a difficult situation, at a time of “darkness”, a Jew should not think of reducing his accustomed charitable contributions; rather, he should “trust in the Divine Name, and rely on His G‑d.”

To return now to the opening teaching — that whoever is accustomed to come to the synagogue, and one day did not come, G‑d inquires after him. This does not apply only to the communal prayer of which the Gemara speaks; rather:

וכן בכל המצות, ובפרט מצות הצדקה, ששקולה כנגד כל המצות

The same applies to all the commandments, and especially to the precept of charity, which is3 “balanced against all the commandments.” Thus, if the above teaching applies to prayer, it surely applies to charity: If a person retreats from his customary charitability, “G‑d inquires after him.”

הגם שהיא בלי נדר, חס ושלום

Though [one’s regular giving] is not bound by a vow, heaven forfend, for one should of course see to it that an accustomed mitzvah should not become subject to the legal force of a vow,4

אף על פי כן, כל החיל אשר נגע יראת ה׳ בלבם, לא יאתה לנפשם האלקית לתת מגרעות בקדש

nevertheless, it is not becoming to the divine soul of all the men of valor whose hearts the fear of G‑d has touched,5 that they should reduce that which is holy, for by restricting their charitable contributions they reduce the downflow of Divine energy from the sublime source which is called Kodesh (lit., “holy”) into the Sefirah of Malchut,

מאשר כבר הורגלו מדי שנה להפריש ממאודם

relative to what they were accustomed to set aside, annually, from their wealth,6

להחיות רוח שפלים ונדכאים, דלית להון מגרמיהון

to revive the spirit of the humble and downcast who have nothing of their own, viz., the impoverished settlers of the Holy Land —

היא בחינת סוכת דוד הנופלת וכו׳

which [during the time of exile] is referred to as7 “the fallen sukkah of David...,” as also is its supernal source, the Sefirah of Malchut in the World of Atzilut,8

לקומם ולרומם וכו׳

to raise and exalt [it]...

למהוי אחד באחד וכו׳

“so that oneness be united with Oneness.”9

In the context of souls in this world, this means that tzedakah unites one Jew with his fellow. In the supernal context of Sefirot, it refers to the desired connection between (a) the “lower level of unity” (Yichuda Tataah) which comes into being when the Sefirah of Malchut becomes a source of creation to lower worlds, and (b) the “higher level of unity” (Yichuda Ilaah) involving the six higher emotive Sefirot, which transcend direct contact with the created worlds. This is the union of Kudsha Brich Hu and His Shechinah, which is also called Malchut of Atzilut.

והכל לפי רוב המעשה וכו׳

And10 “everything is [judged] according to the multiplicity of action....”

As discussed above in Epistle XXI, it is preferable to divide a sum set aside for tzedakah into many individual acts of giving. Maimonides explains11 that this refines the soul. Chassidut adds that each act of giving effects a union (yichud) in the worlds above.

Accordingly, the Alter Rebbe had explained in the above Epistle that one’s annual contribution for the needy of Eretz Yisrael should be given weekly or at least monthly. It could therefore be that here he is warning against reducing one’s contribution one year and compensating for it the following year, because in this way the present year would be lacking the “multiplicity of action.” (It is clear that the Alter Rebbe is not speaking here of a situation in which a person simply thinks of not giving because of his difficult circumstances, because he has already said in Epistle XVI that even if one needs to borrow for food, he should still give tzedakah.)

ולפי החשבון

and according to the account (cheshbon).

As the Alter Rebbe will soon point out, the level of Divinity from which one elicits “G‑d’s greatness” is determined by the magnitude of the total amount — whether it is in hundreds or thousands, or whatever. (Multiples of a hundred, for example, relate to the level known as Keter.) Reducing one’s regular gift thus proportionately reduces both his “great amount” and its cosmic effect.

כמאמר רז״ל: כל פרוטה ופרוטה מצטרפת לחשבון גדול וכו׳

Thus our Sages, of blessed memory, said,12 “All the individual coins [given to charity] add up to a great amount (cheshbon gadol),”

על דרך מאמר רז״ל: אימתי גדול הוי׳, כשהוא בעיר אלקינו וכו׳

and as taught by our Sages, of blessed memory,13 “When is ‘Havayah great’? — When He is ‘in the city of our G‑d’ Malchut, at which]14

I.e., G‑d’s greatness is revealed when the Divine Name Havayah is vested in the Sefirah of Malchut, and illuminates it. Malchut, the realm of speech, is known as “the city of our G‑d,” for just as a city is composed of many dwellings which in turn are composed of many bricks, so too is the realm of speech built up of many letters and combinations of letters. In Sefer Yetzirah,15 letters are termed “stones”, for they are the basic bricks which join to form the ongoing Divine creative utterances which are the source of all worlds and all created beings.16 They thus reveal the greatness of G‑d’s glory.

The Alter Rebbe now continues to speak of the “city of our G‑d,” which is the Sefirah of Malchut:

היא בחינת ומקום החשבון

This is the spiritual state and the place of reckoning (cheshbon),17

For reckoning is possible only with entities which are finite and divisible, and Malchut is the source of all finite and divisible created beings.

כמו שכתוב: עיניך ברכות בחשבון

as it is written,18 “Your eyes are wells in Cheshbon.”

Since a well (or a pool) is a receptor for water that flows down into it, “well” serves as a term for Malchut, i.e., the “feminine” Sefirah which receives the downflow of Divine life-force from the higher Sefirot. The word “Cheshbon” is a Biblical place name, but on the non-literal level of derush it is here understood in its dictionary meaning of “recokning”. The allusion to this verse thus reinforces the identity of the concept of “reckoning” with the Sefirah of Malchut.

The Alter Rebbe now returns to clarify the meaning of his earlier statement that giving a “great amount” (cheshbon gadol) of tzedakah manifests the “greatness of Havayah” in the “city of our G‑d.”

והמכוון, כנודע, כי באתערותא דלתתא, המשכת חיים חן וחסד במעשה הצדקה, ברצון הטוב וסבר פנים טובות, אתערותא דלעילא

As is known, the meaning [of the above statement] is that as a result of an arousal from [man] below — the provision of [the means for] life, grace and kindness by an act of charity with goodwill and a friendly countenance — there is elicited an arousal from above,

יאר ה׳ פניו, הוא הארת והמשכת חן וחסד ורצון עליון

[so that]19 “G‑d will make His Countenance shine forth,” with a radiation and downflow of grace, kindness and Supreme favor

מחיי החיים, אין סוף ברוך הוא, אשר לגדולתו אין חקר והשגה כלל

from the Fountainhead of Life, the blessed Ein Sof,20 “Whose greatness is unfathomable” and utterly incomprehensible (and thus not manifest),

אל בחינת מלכותך מלכות כל עולמים, עלמא דאתגליא

to the level [of Divinity, viz., Malchut, at which]21 “Your kingdom is the kingdom of all worlds,” [i.e.,] the “World of Manifestation.”

המחיה כל הברואים שבכל ההיכלות עליונים ותחתונים, שהן בבחינת מספר וחשבון

This [Sefirah of Malchut] animates all the created beings that are in all the upper and lower Heichalot, which are all subject to counting and reckoning (cheshbon),

כמו שכתוב: אלף אלפים ישמשוניה

as it is written,22 “A thousand thousands (i.e., a finite number of angels) minister unto Him.”

To revert now to our above key phrase, cheshbon gadol (“a great reckoning”): Giving tzedakah with goodwill and a friendly countenance marries the infinite power of gadol Havayah (“G‑d is great”) with the finite framework of cheshbon (“reckoning”) — the Sefirah of Malchut, which is the source of all finite created beings.

וזהו חשבון גדול, שעל ידי רוב מעשה הצדקה, שלום

This, then, is the meaning of the “great amount,” for numerous acts of charity bring about peace, as it is written,23 “And [the reward for] the act of tzedakah will be peace,” as explained above in Epistle 12.

כי פירוש שלום, הוא דבר המחבר ומתווך ב׳ קצוות הפכיים

For “peace” implies the joining and conciliation of two opposite extremes.

שהן קצה השמים לעילא, בחינת ולגדולתו אין חקר

[In our context] these are the extremity of the superior heaven, alluded to in the phrase, “And His greatness is unfathomable,” referring to G‑d’s incomprehensible infinitude,

וקצה השמים לתתא

and the extremity of the inferior heaven, referring to Malchut, the lowest of the Ten Sefirot,

המתלבש בבריאה יצירה עשיה, בחינת גבול ומספר

which becomes vested in [the Worlds of] Beriah, Yetzirah and Asiyah, [i.e.,] in a category of finitude and number.

ודי למבין

This will suffice for the discerning.

FOOTNOTES

1.Cf. Berachot 6b.

2.Yeshayahu 50:10.

3.Bava Batra 9b; Yerushalmi, Peah 1:5.

4.Shulchan Aruch, Yoreh Deah, sec. 203.

5.Cf. I Samuel 10:26.

6.Berachot 9:5.

7.Siddur Tehillat HaShem, p. 93.

8.Cf. Epistles IV and XXI, above.

9.From the passage beginning Kegavna, in Zohar II, 135a; cf. Siddur Tehillat HaShem, p. 133.

10.Avot 3:15.

11.In his commentary ad loc.

12.Bava Batra 9b.

13.Zohar II, 225a, commenting on Tehillim 48:2.

14.Loc. cit., verse 13.

15.4:12.

16.Cf. Shaar HaYichud VehaEmunah (in Vol. III of the present series), chs. 1 and 2.

17.Cf. Zohar III, 220b.

18.Shir HaShirim 7:5.

19.Bamidbar 6:25.

20.Tehillim 145:3.

21.Loc. cit., verse 13.

22.Daniel 7:10.

23.Yeshayahu 10:17.

~~~~~~~

• Rambam: Sefer Hamitzvos:

Daily Mitzvah

N250 & N250

Negative Commandment 250 (Digest)
Honesty in Commerce

"When you make a sale to your fellow or make a purchase from the hand of your fellow, you shall not defraud one another"—Leviticus 25:14.

It is forbidden for a seller or buyer to cheat one another in the course of commerce [by deceptively overcharging or underpaying for merchandise].

The 250th prohibition is that we are forbidden from cheating each other in business when buying and selling.

The source of this prohibition is G‑d's statement1 (exalted be He), "When you sell something to your neighbor, or buy something from your neighbor's hand, do not cheat one another."

The Sifra states, "The verse 'Do not cheat one another' refers to cheating someone monetarily."2

The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.3

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.This is known as ona'as mamon, as opposed to ona'as devarim, which is causing someone emotional distress by something you say. See N251.

3.49b ff.

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.

Negative Commandment 250 (Digest)
Honesty in Commerce

"When you make a sale to your fellow or make a purchase from the hand of your fellow, you shall not defraud one another"—Leviticus 25:14.

It is forbidden for a seller or buyer to cheat one another in the course of commerce [by deceptively overcharging or underpaying for merchandise].

The 250th prohibition is that we are forbidden from cheating each other in business when buying and selling.

The source of this prohibition is G‑d's statement1 (exalted be He), "When you sell something to your neighbor, or buy something from your neighbor's hand, do not cheat one another."

The Sifra states, "The verse 'Do not cheat one another' refers to cheating someone monetarily."2

The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.3

FOOTNOTES

1.Lev. 25:14.

2.This is known as ona'as mamon, as opposed to ona'as devarim, which is causing someone emotional distress by something you say. See N251.

3.49b ff.

~~~~~~~

• Rambam ~ 1 Chapter a day: Tum'at Met Chapter 24 & Tum'at Met Chapter 25

Chapter 24

Halacha 1

The following rules apply when one divided a house by making a barrier of pure earthenware jugs from the ground until the roof and there is impurity in one side of the house. If the opening of the jugs was facing the pure side of the house, they protect the house from the spread of impurity. If the openings were facing the impurity, they do not protect it. If, when they were facing the impurity, he applied mud to them, whether from the inside, or the outside, we see whether the mud is able to stand on its own or not. If it can, it protects the house from impurity. If not, it does not and the entire house is considered as one ohel.

Halacha 2

The following rules apply when a house was divided in two with boards or with curtains, whether it was divided lengthwise or widthwise or facing the ceiling. If there was impurity in the remainder of the house, keilim between the partition and the wall or between the partition and the ceiling are pure. If there is impurity between the partition and the wall or between the partition and the ceiling, the keilim in the house are impure, because the partition does not prevent the impurity from departing and imparting impurity, as we explained with regard to a tent inside a house.

The following laws apply when there are keilim in the midst of the thickness of the partition itself, whether the impurity was within the area set off by the partition or within the house. If the place where the keilim were located was a handbreadth by a handbreadth or more, the keilim are impure. If it is smaller than that, they are pure. We have already explained the laws pertaining to a house that was divided horizontally.

Halacha 3

The following rules apply when there is a house that is filled with straw and there is not a cubic handbreadth of space between the straw and the ceiling. If there is impurity in the inner portion of the house, whether within the straw or in the space between the straw and the ceiling, all of the keilim that are opposite the space through which the impurity will depart in the entire open space of the entranceway are impure.

The following laws apply if the impurity was outside the straw, anywhere in the open space of the entranceway. If there are keilim within the straw and there is a handbreadth by a handbreadth by a handbreadth of open space, they are pure. If not, they are impure. If there is a cubic handbreadth of space between the straw and the ceiling, the keilim are impure regardless, for the straw does not intervene, because we can assume that the person's intention is to remove the straw.

Halacha 4

When there is a wall between two houses and there is impurity in the midst of the wall, the house that is closest to the impurity is impure, while that which is closest to purity is pure. If the impurity was equidistant from them, they are both impure.

The following rules apply when the impurity was in one of the houses and the keilim were in the midst of the wall. If the keilim were located from the center towards the impurity, they are impure; from the center towards the pure side, they are pure. If they are equidistant, they are impure.

Similar principles apply when there is a ceiling between a house and a loft and there is impurity in the ceiling. If it was located from the center downward, the house is impure and the loft is pure; from the center, upward, the loft is impure and the house is pure. If it is equidistant from them, they are both impure.

When there is impurity in either the house or the loft and there were keilim in the ceiling, if the keilim were located from the center towards the impurity, they are impure; from the center towards the pure side, they are pure. If they are equidistant, they are impure.

The following rules apply if the ceiling had nothing but open space above it and there was impurity in it. If the impurity was located from the center downward, the house is impure and a person standing on the roof - even if he is directly above the impurity - is pure, because the impurity spreads throughout the house. If the impurity was located from the center upward, the house is pure and a person standing on the roof directly above the impurity is impure. If the impurity was in the center of the ceiling, the house is impure and a person standing on the roof directly above the impurity is impure, because it is impossible to make an exact calculation.

Halacha 5

Similarly, if there is a wall that serves a house, it is considered as half and half.

What is implied? There is a wall that has open space on one side. The roof of the house is supported by the wall, but does not rest on the wall and there is impurity flush inside the wall. If the impurity is from the halfway point of the wall inward, the house is impure. A person standing on top of the wall is pure like someone standing on the roof of the house.

If the impurity is from the halfway point outward, the house is pure. A person standing on top of the wall, above the impurity is impure, because the impurity did not spread out in the house. If the impurity was in the center of the wall, the house is impure, but a person standing above it is pure, because the impurity spread within the house.

If one removed part of the wall from the inside or added to the outer portion of the wall until the impurity was in the inner half of the wall, the house is impure. If he removed part of the wall from the outside or added to the thickness of the inner portion of the wall until the impurity was in the outer half of the wall, the house is pure. If the impurity was placed on the top of the wall, even if it is on the inside, the house is pure.

Halacha 6

When there is a structure that serves a wall, as long as there is part of the wall as thin as a garlic peel, the structure is considered as separate from the wall.

What is implied? A person dug two burial vaults or two burial caves one next to the other and thus there were two structures dug into the ground with a wall dividing between them. If there is impurity in the structures and keilim in the wall, as long as there is a portion of the wall as thin as a garlic peel covering them, they are pure. If there is impurity in the wall and keilim in the structures, if it is covered by a portion of the wall as thin as a garlic peel, they are pure.

Thus we can learn the following general principles: When there is a wall that was built from building materials, the status of the house depends on the half of the wall in which the impurity is located. When the wall was made of stone or of the thickness of the earth when one dug from either side, as long as there is part of the wall as thin as a garlic peel, the structure is considered as separate from the wall.

Halacha 7

When half of the thickness of a wall was constructed and half was a rock, the status of the house depends on the half of the wall in which the impurity is located.

Halacha 8

If there was impurity between the beams of the roof of a house, even if there is only a portion of a board as thin as as a garlic peel under it, the house is pure. We consider the impurity as if it were flush in the earth and only the area directly below it or directly above it is impure. If there is a handbreadth by a handbreadth of empty space in its place, everything is impure. Similarly, if the impurity could be seen from the house, the house is impure regardless.

If there are two entrances, one on top of the other, and there is impurity in the wall between them, if it can be seen from one of them, that entrance is impure and the other is pure. If not, their status depends on the half of the wall in which the impurity is located.

Chapter 25

Halacha 1

If there is a pillar standing in a house and impurity is flush under it, the impurity pierces through and ascends and pierces through and descends. It imparts impurity only to entities that are directly above or below the impurity. If there is a flower, projecting from the pillar and there are keilim under the pillar, the keilim are pure. Impurity is imparted only to the entities under or above the impurity.

Halacha 2

If there is open space a handbreadth by a handbreadth and a handbreadth high in the pillar where the impurity is located, it is considered as a closed grave and it imparts impurity to all its surroundings. The entire house is impure because it is standing over a grave.

Halacha 3

When there is impurity in a wall and it is an open space a handbreadth by a handbreadth and a handbreadth high, all of the stories built on this wall - even ten - are impure. The rationale is that the wall is considered a closed grave until its highest point. It is the wall for these upper stories and every upper storey is considered to be an ohel over the grave.

If he built a structure next to that wall on one side and another structure next to the wall on the other side and a second storey that spans both those structures and thus the top of the impure wall is in the middle of the floor of the second storey, the second storey is impure because it serves as an ohel over a grave. A third storey built over it is pure, because they are one on top of the other and the impure wall is not one of the walls of this storey.

Halacha 4

The following rules apply when there is a large hole in the thickness of a wall which people would employ for functional purposes which was called a pardisek. If there was impurity within it and it had closed doors, the house is pure. If there is impurity flush in its floor, its wall, or its roof, we consider the entire hole as if it is a solid mass and see where the impurity is located. If it is located in the inner portion of the thickness of the wall, the house is impure. If it is in the outer portion, the house is pure. If it is in the exact center, the house is impure.

Halacha 5

If there are two pardiskin - one next to the other or one on top of the other - and there is impurity located in one of them and it is opened, it and the house are impure, but the other one is pure. If there was impurity flush in the walls of the building, we consider the pardiskin as if they were a solid mass and the status of the house depends on the half of the wall in which the impurity is located. the house is pure. If it was flush below the doorstep, the status of the house depends on the half of the doorstep in which the impurity is located. If it is attached to the lintel, the house is impure.

Halacha 7

When a dog ate the flesh of a corpse, died within three days of doing so, and was lying on the doorstep of a house, we consider the place where the impurity is located in his body. If it is under the lintel and inward, the house is impure.

Halacha 8

The following laws apply when the fetus being carried by a woman dies in her womb. If its head has reached the size of a weaving needle, when her womb opens and the head becomes visible, the house becomes impure because of the fetus even if it has not emerged yet.

Halacha 9

If a woman was in the midst of labor and went from one house to another and miscarried in the second house, the first house is still impure because of a doubt: perhaps the head of the fetus had emerged while she was there.

When does the above apply? When its head did not reach the size of a weaving needle. If, however, its head reached the size of a weaving needle, the first house is pure. For if her womb had opened to that degree, she would not be able to walk unsupported. Therefore if she was being supported by her shoulders and taken from one house to the other, the first is impure because of a doubt, even though its head reached the size of a weaving needle.

Halacha 10

When a woman discharged a placenta, the house in which she was located is certainly impure. It can be presumed that there is no placenta without a fetus.

Halacha 11

The following laws apply when a woman gave birth to two children, one a viable birth and the other, stillborn. If the stillborn child emerged first, the living child is pure, because he did not touch the stillborn child after he emerged into the world. If the living child emerged first, he is impure, because it is impossible that the stillborn child did not touch him, for the stillborn tumbles out after the living child like a stone that does not have any vitality and cannot hold itself back.

Halacha 12

When a woman discharges a stillborn infant - even, as we explained, a tiny fetus - she contracts the impurity that lasts seven days. If the fetus dies within her womb and the midwife extended her hand inside the womb and touched it, the midwife contracts the impurity that lasts seven days, but the woman is pure until the fetus emerges.

The impurity of the midwife is a Rabbinical decree, instituted since she may have touched the fetus after it emerged into the vaginal channel. According to Scriptural Law, touching a hidden portion of the body is not considered as touching. Since the fetus is in the mother's inner organs, anyone who touches it is pure. Similar laws apply to one who swallowed an impure ring and then swallowed a pure ring. Although the two certainly touched each other in his digestive system, this is not considered as touch. The impure one is considered as impure and the pure one, as pure.

Blessed be the Merciful One Who grants assistance.

~~~~~~~

• Rambam ~ 3 Chapters: Mechirah Chapter Seven, Mechirah Chapter Eight, Mechirah Chapter Nine & Mechirah Chapter Ten, Mechirah Chapter Eleven, Mechirah Chapter Twelve

Chapter Seven

Halacha 1

Whenever a person pays money, but does not perform meshichah on the produce, although the purchaser does not acquire the movable property, as we have explained, the person who retracts - whether the purchaser or the seller - is considered not to have conducted himself in a Jewish manner. He is liable to receive the adjuration referred to as mi shepara. Even if the purchaser only made a deposit, if either of the parties involved retracts, that party is eligible to receive the adjuration referred to as mi shepara.

Halacha 2

What does receiving the adjuration referred to as mi shepara involve? He is cursed in court and told: "May He who exacted retribution from the generation of the flood, the generation who were dispersed, the inhabitants of Sodom and Amorah, and the Egyptians who drowned in the sea, exact retribution from a person who does not keep his word."

After this curse is administered, the seller should return the money.

Halacha 3

The following laws apply when a purchaser pays - either completely or partially - for movable property that he desires to purchase and then retracts and the seller tells him, "Come and collect your money." The money is considered to be an entrusted object. If it is stolen or lost, the seller is not responsible for it.

If, however, the seller retracts, the money is considered to be within his domain, and he is responsible for it even though he tells the purchaser, "Come and collect your money." This applies until he receives the adjuration mi shepara and tells the purchaser afterwards: "Come and collect your money."

Halacha 4

When a person is owed a debt by a colleague and tells him: "Sell me this jug of wine for the debt that you owe me," and the seller agrees, it is considered as if the purchaser paid the money at that time. If either party retracts, he is liable to receive the adjuration mi shepara.

Moreover, if he sold him landed property in exchange for the debt, neither party is allowed to retract. This applies even if the money given as a loan is no longer in the seller's possession at the time of the sale.

Halacha 5

When a person purchases landed property, servants or other movable property from a colleague, a price is agreed upon, and the purchaser leaves collateral in place of the money, the transaction is not completed. Either of the two can retract; he is not even liable to receive the adjuration mi shepara.

Halacha 6

The following rules apply when a verbal agreement alone was concluded with regard to the sale, a price was established, and the purchaser made a mark on the article so that he will have a sign that it is his. Even though the purchaser did not pay any money at all, if either of the parties retracts after the purchaser made the mark, he is liable to receive the adjuration mi shepara.

Moreover, if it is the accepted local business custom that making a mark constitutes a binding act of contract, by making that mark, the purchaser completes the transaction. Neither can retract, and the purchaser is liable to pay the price agreed to.

Halacha 7

It is a clear fact that this law applies only when the mark is made in the presence of the seller, or if the seller says: "Mark your purchase." For this indicates that he has agreed to transfer ownership, as explained with regard to chazakah and meshichah.

Halacha 8

When a person agrees to a transaction with a verbal commitment alone, it is appropriate for him to keep his word even though he did not take any money at all, did not make a mark on the article he desired to purchase, nor leave security. If either the seller or the purchaser retracts, although they are not liable to receive the adjuration mi shepara, they are considered to be faithless, and the spirit of the Sages does not derive satisfaction from them.

Halacha 9

Similarly, if a person promised to give a colleague a gift and failed to do so, he is considered to be faithless.

When does the above apply? With regard to a small gift, because the recipient will depend on the promise that he was given. With regard to a large gift, by contrast, the giver is not considered to be faithless if he retracts, because the recipient does not believe that he will give him these articlesuntil he transfers ownership through a formal kinyan.

Halacha 10

The following rule applies when a person gave money to a colleague to purchase landed property or movable property, and the agent left his colleague's money in his domain and went and purchased the object for himself with his own money. The purchase he performed is concluded; he is, however, considered to be a man of deceit.

Halacha 11

If the agent knows that the seller has affection for him and honors him and would sell the article to him, but not to the person who charged him with purchasing it, the agent is permitted to buy it for himself. He must, however, return and notify the one who sent him. If he is afraid that another person will come and purchase the article before him, he may purchase the article for himself and then notify the one who sent him.

Halacha 12

Several Rabbinic authorities have ruled that if the agent purchased the article for himself using the money entrusted to him by his colleague after considering it to be a loan, he is considered to have purchased the article for himself. We accept his claim: "I considered the money that I was given to be a loan."

I differ and maintain that this ruling is not true. Instead, the purchase belongs to the principal, as will be explained with regard to the laws of an investment partnership.

Halacha 13

The following rules apply when three people give money to one agent to purchase an article for them: If the monies were mixed together, and the agent used only a portion of the money to purchase the article, the article is considered the property of all the purchasers, and they divide ownership of it according to their share of the money. This applies even if the intent of the agent was that the article be purchased by only one of them.

Halacha 14

If the money of one of the partners was bound up and sealed, and that money was used to complete the purchase, the partner whose funds were used alone acquires ownership. This applies even if the agent intended that the article be acquired by all the partnership as a joint enterprise.

Chapter Eight

Halacha 1

The following rules apply when a person sold his field to a colleague for 1000 zuz, the purchaser paid a portion of the funds, and the seller was repeatedly demanding payment of the remainder. Even if there was only one zuz remaining unpaid, the purchaser does not acquire the entire field. This applies even if the seller had a deed of sale composed or the purchaser manifested ownership.

Halacha 2

In the above situation, if the purchaser retracts, the seller is given the upper hand. If he desires, he can tell the purchaser: "Here is your money," or he can tell him: "Acquire a portion of the land equivalent to the money that you paid me." In this instance, he gives the purchaser the land of least value.

If the seller retracts, the purchaser is given the upper hand. If he desires, he can tell the seller: "Give me my money," or he can tell him: "Give me a portion of the land equivalent to the money that I paid." In this instance, he takes the choicest portion of the land.

If the seller was not repeatedly demanding payment of the remainder, the purchaser acquires the entire property. Neither can retract. The remainder of the money unpaid at the time of sale is considered as any other debt.

Halacha 3

If a person sold his field because it was of inferior quality, even when the seller repeatedly demands payment of the remainder of the money, the purchaser acquires the entire property, and he is not entitled to retract. For the reason the seller is pursuing the purchaser and demanding payment is not that he has not agreed to transfer ownership, but to prevent the purchaser from retracting.

Halacha 4

The same law applies with regard to the sale of movable property. Although the purchaser draws produce after him and brings it into his domain, if the seller repeatedly demands payment of the remainder of the money, the purchaser does not acquire the goods. The person who retracts has the lower hand, as has been explained above,unless the seller sold the goods because of their inferior quality. In such an instance, the purchaser acquires all the goods.

Halacha 5

When a person buys a field worth 100 zuz for 200, and the seller repeatedly demands payment of the remainder of the money, the status of the transaction remains an unresolved question: Is the person considered to be one who sold his field because of its inferior quality, and he is demanding payment only because he sold it for more than its worth? Or he is not considered to be one who sold his field because of its inferior quality, and he is demanding payment because he did not decide to complete its sale until he received all the money?

Because the matter is unresolved, neither party is allowed to retract. If the seller seizes possession of a portion of the property that was sold equivalent to the worth of the money left unpaid, it should not be expropriated from his possession.

Halacha 6

When a person acquires something from a colleague and pays him money, but errs in the amount of money he gave him the transaction is valid. If afterwards the seller lodges a claim against the purchaser, saying: "You were supposed to pay me 100 zuz, and you paid me only ninety," the transaction is still viable. The purchaser must, however, pay the additional ten zuz.

The above applies even though several years have passed since the transaction and applies with regard to the sale of both landed property and movable property.

Halacha 7

The following rules apply when a person tells a colleague: "If I sell this field, it will be sold to you retroactively from the present time for 100 zuz" and confirms this with a kinyan. If the seller later sells it to another person for 100 zuz, it is acquired by the first person.

If he sells it for more than that amount, the second person acquires it. The rationale is that by saying: "If I sell," he meant "If I sell it with the same approach that I have now." And this person did not want to sell it; he sold it only because of the additional amount that the other person added on. It is as if he were forced to sell.

Halacha 8

If the seller told the first purchaser: "If I sell this field, it will be sold to you retroactively from the present time for the price to be evaluated by a court of three," the price need be agreed on by only two of the three.

If he said: "As dictated by three," all three must agree. If he said: "As evaluated by a court of four," all four must agree. For the sale to the first purchaser to take effect, the judges must agree on the price, and he must sell it to another person as they agreed. Afterwards, the first purchaser acquires the property.

If three or four people evaluate it and the seller says: "I will not sell it until three or four others evaluate it," we do not heed him. For he confirmed his commitment to sell retroactively with a kinyan.

Chapter Nine

Halacha 1

The following rules apply when a person sells an article to the Temple treasury. If the representative of the treasury asks him: "How much are you selling it for?" and the person says: "Ten zuz" even if it is worth 100, once he said ten he cannot retract. For making a promise to the Most High is considered equivalent to transferring the article in question to the possession of a colleague.

Halacha 2

Whether a representative of the treasury buys or sells an article, he is always given the upper hand if there is a fluctuation in the article's value.

What is implied? If the representative paid with money from the Temple treasury, but did not perform meshichah on the produce, although the value of the produce increases, the Temple treasury nevertheless acquires the produce, as prescribed by Scriptural Law. If the value of the produce decreases, the Temple treasurer may retract, for he did not perform meshichah, and the legal power of an ordinary person should not be greater than that of the Temple treasury.

Similarly, if the Temple treasurer sold an article that had been consecrated, the purchaser performed meshichah, but did not pay for it, and then the value of the article decreases, the transaction is finalized. For the legal power of an ordinary person should not be greater than that of the Temple treasury. If the value of the article increases, the representative of the treasury may retract, for he did not accept payment, and consecrated articles may be acquired only through the payment of money, as implied by the verse: "And he shall give the money and it will be established as his." The representative of the treasury is not liable to receive the adjuration mi shepara. 3. Property belonging to orphans is governed by the same rules as those governing the Temple treasury.

What is implied? When orphans sell produce, and meshichah is performed on the produce, but they have not yet received the money for it, they may retract from the agreement if the value of the produce increases. For like consecrated property, property belonging to orphans can be acquired only through the transfer of money.

If the value of the produce decreases the transaction should be allowed to stand. For the legal power of an ordinary person should not be greater than the legal power of orphans.

Halacha 4

Similarly, if orphans received payment, but meshichah was not performed on their produce before it increased in value, they may retract as may ordinary individuals. If, however, the value of the produce decreased and the purchasers desire to retract, they may do so, but they must receive the adjuration mi shepara, as would be the law with regard to others.

They are allowed to retract because if we required them to keep the produce, as would be required by Scriptural Law, this would be a disservice to the orphans. For if this were the law, when the orphans desire to sell an object, they would never find anyone who would be willing to pay them money unless the object were handed over first.

Halacha 5

Similar principles apply if orphans purchase produce and perform meshichah on the produce, but have not yet paid for it. If the value of the produce increases, the legal power of an ordinary person should not be greater than their legal power. Therefore, the transaction should be allowed to stand."

If the value of the produce decreases, they are not allowed to retract. For this would be a disservice to them. If they were given this privilege, should they desire to purchase produce, they would not find anyone who would sell it to them before they made payment.

Halacha 6

If the orphans paid for produce but did not perform meshichah, and then the value of the produce decreases, they may retract, for the legal power of an ordinary person should not be greater than their legal power. If the value of the produce increases, the sellers may retract if they desire and receive the adjuration mi shepara. For if the law were that the orphans acquire the produce by the payment of money, the seller would tell themthat the produce was destroyed by fire or another factor beyond human control after the produce entered their property, at the time payment was made.

Halacha 7

On four occasions during the year, our Sages restricted their enactments and applied Scriptural Law with regard to the purchase of meat, for on these days, all people need meat. The times are the day before Shemini Atzeret, the day before the first day of Pesach, the day before Shavuot and the day before Rosh HaShanah.

What is implied? If a butcher had a steer that was worth even 100 dinarim, and he took one dinar from the purchaser in exchange for meat that he would slaughter, he cannot retract, even if enough money is not collected to pay for the entire value of the steer. Instead, the butcher is compelled to slaughter against his will. He is forcibly made to slaughter the steer and provide the purchaser with meat.

For this reason, if the steer dies before being ritually slaughtered, the purchaser suffers the loss.

Chapter Ten

Halacha 1

When a person compels a colleague to sell an article and to take the money for the purchase - even if he hung him until he sold the article - the purchase is binding. This applies with regard to movable property and landed property. We say that since he compelled him, he committed himself to selling. This applies even if the seller did not take the money in the presence of witnesses.

Therefore, if the seller issues a protest before he sells and tells two witnesses: "Know that the reason I am selling this and this article - or this and this property - is that I am being compelled against my will," the sale is nullified. Even if the purchaser was in possession of the article or the property for several years, it may be expropriated from him, at which point, the seller returns the money.

Halacha 2

The witnesses must know that the seller is selling because of compulsion, and that he is actually being compelled against his will.

Any record of a protest that does not contain the statement: "We the witnesses know that so and so the seller acted under compulsion - is not a valid protest.

Halacha 3

When does the above apply? With regard to a person who conducts a sale or who negotiates a compromise. With regard to a gift or a waiver of a debt, if the person issues a protest before giving the gift, the gift is nullified even though the person was not compelled to give the gift.

The rationale is that with regard to a gift, the factor that is significant is the expression of the giver's will. Since he does not wholeheartedly desire to transfer ownership, the recipient does not acquire the gift. Waiving a debt is equivalent to giving a gift.

Halacha 4

Whether one compels a colleague to sell by hitting him, by hanging him or by threatening to employ a measure against him through gentiles or through Jews, he is considered to have been compelled against his will.

An incident occurred with regard to a person who had rented an orchard from a colleague for ten years, and the landlord of the orchard lost the debt contract. After the tenant derived benefit from the orchard for three years,the tenant told the owner: "If you do not sell it to me, I will hide the rental contract and claim that I purchased it." The Sages explained that this is considered to be compulsion. The same principles apply in all similar situations.

For this reason, if the landlord issued a claim against the tenant in court and the tenant denied it and claimed that the orchard was his, and afterwards, the landlord issued a protest, and then sold the property to the tenant who denies having rented it, the sale is nullified, for there are witnesses that the landlord was compelled against his will. These are the witnesses in whose presence the tenant denied the rental of the property in court, and they are the witnesses before whom the protest was issued.The same principles apply in all similar situations.

Halacha 5

When does the above apply? With regard to a person who forces a colleague to sell. He is considered a chamsan because he compels a colleague to sell his property against his will.

When, however, a person steals property - is established as a thief - and afterwards purchases the field that he stole the sale is nullified automatically. The seller does not have to issue a protest, as explained in Hilchot Gezelah.

Halacha 6

The witnesses to the protest may themselves sign the deed of sale concerning which the protest was issued to them; their participation is of no consequence.

Even if the seller tells them in the presence of the person who is compelling him: "I am selling the property willfully, without compulsion," the protest is still viable. Just as the other person compelled the seller to sell unwillingly, he compelled him to say that he was selling it willingly.

Halacha 7

Similarly, if the seller admitted in the presence of witnesses that he received money after he issued a protest, he is not obligated to return anything to the thief. We say that the person compelling him compelled him to make this admission. This statement is not heeded for the witnesses already knew that he was compelled against his will.

If, however, the robber counted money out to the seller in the presence of the witnesses, the seller is obligated to return the money when the sale is nullified."

Halacha 8

If the witnesses to the sale testified that the seller nullified the protest, the protest is nullified.

If the seller tells the witnesses to the protest: "Know that every kinyan in which I engage to negate a protest, and a protest regarding a protest are all nullified. I am engaging in them only because of the factor compelling me, of which you are aware. I do not ever have the intention of transferring my property to the person compelling me," the sale is nullified despite the fact that the seller performed a kinyan to nullify his protest, in the manner we have explained.

Chapter Eleven

Halacha 1

When a person transfers ownership of an article - whether landed property or movable property - and establishes conditions that can be fulfilled the conditions are binding - whether established by the seller or the purchaser. If the conditions are fulfilled, then the ownership of the object is transferred. If the conditions are not fulfilled, the ownership of the object is not transferred.

We have already described the laws governing conditional agreements in Hilchot Ishut.

Halacha 2

When does the above apply? When a person stated a condition and then carried out a kinyan transferring ownership of the article through one of the accepted procedures. For then, he is obligated to fulfill the condition.

If, however, the person did not perform a kinyan, but merely entered into a conditional agreement stating that if this condition is fulfilled he will transfer ownership, and if it is not fulfilled he will not transfer ownership, the transfer of ownership is not effected even if the condition is fulfilled.

This is considered an asmachta - i.e., he made his transfer of ownership dependent on the performance of certain deeds. An asmachta is never binding, for the person transferring ownership did not make a firm decision in his heart to transfer ownership.

Halacha 3

What is implied? A person sold a house to a colleague or gave it to him as a present, on condition that the recipient travel to Jerusalem with the seller on a given day. If the recipient manifests ownership over the house, he acquires it when he travels to Jerusalem with the seller on the date stated. If that day passes and he does not make the journey, he does not acquire it.

If, however, the owner made a condition and told the potential purchaser: "If you go with me to Jerusalem on this and this day...," or "If you bring me this article, I will give you this house," or "...I will sell it to you at such and such a price," although the person travels with him on that day or brings him the article, he does not acquire the house. This applies even if the potential purchaser manifests his ownership over the house after he fulfills the condition, for this is an asmachta. The same laws apply in all analogous situations.

Halacha 4

For this reason, the following rules apply if a purchaser gives security to a colleague and tells him: "If I retract, I waive ownership of the security in your favor," and the seller says: "If I retract, I will double your security." If the purchaser retracts, the seller acquires the security, because it is in his possession. But if the seller retracts, we do not require him to double the security. For his promise was an asmachta and is not binding.

Halacha 5

A similar principle applies if a debtor paid a portion of a debt and the creditor entrusted the promissory note to a third party after the debtor made the following statement: "If I do not pay the remainder until such and such a date, return the promissory note." If the date arrived and the debtor did not pay, the third party should not give the promissory note to the creditor. For this agreement is an asmachta.

Halacha 6

Similarly, all the conditions that people establish between themselves, even when confirmed by witnesses and a legal document - e.g., "If such and such will take place..." or "If you do such and such, I will give you a maneh" or "...I will transfer ownership of this house to you, but if this does not take place..." or "if you do not do such and such, I will not transfer ownership," or "...I will not give you," are considered asmachta'ot. Even though the potential recipient performs the desired action, or the event occurs, he does not acquire the promised article. For his intent is undefined, being dependent on whether or not the stipulation will be met.

Halacha 7

Whenever a person says: "Acquire an entity upon fulfillment of a condition, retroactive to the present time," it is not considered an asmachta at all, and the transaction is binding. For if the person had not made a definite commitment to transfer ownership, he would not have transferred ownership retroactively to the time of the agreement.

What is implied? If a person says: "If I return between now and such and such a date, you acquire this house retroactively to the present time," and his commitment is affirmed by a kinyan the transaction is binding if he returns within the set time. The same applies with regard to all similar situations.

Halacha 8

When a person sells a courtyard or a field and specifies at the time of the sale that he is selling the property in order to travel to a particular place, or because there has been a drought and he desires to buy wheat with the money he receives for his courtyard, it is considered as if he sold the property conditionally.

Therefore, if it rained after he made the sale, or wheat was imported and sold at a lower price, or he was prevented from travelling to that land, or factors did not facilitate his journey or his purchase of wheat, the seller may return the money he received and have the land returned to him. For he stated that he was selling the property only for the sake of performing a specific act - and that act was not performed. Similar principles apply in all analogous situations.

Halacha 9

If, however, a person sells landed property without making any explicit statement, the sale is final even though he had the intent in his heart that he was selling the property for a particular reason, and even if it is apparent that he is selling the property for that reason. The rationale is that he did not make an explicit statement, and thoughts in a person's heart are of no consequence in business transactions.

Halacha 10

The following rules apply if one transferred ownership of an entity to a colleague and stipulated that he acquire it on the condition that he give or sell that entity to another person. If the person gives or sells the entity to that person, the transaction is binding. If he does not fulfill the stipulation and sells it to another person, or does not give or sell it to the person intended within the time frame established, the original transaction is not binding.

Similarly, if the seller or the purchaser of an article establishes a condition that the article be returned at a specific time or returned at that time in exchange for money, the transaction is binding, and the article must be returned as stipulated.

Halacha 11

Different rules apply in the following situation. A person sold landed property to a colleague. The seller made a stipulation, saying: "When I acquire money, return this land to me." The produce of the land belongs to the seller.)

If the seller made the sale without stipulating a condition, and the purchaser said on his own volition: "When you acquire funds, bring them to me, and I will return this property," the stipulation is binding. The purchaser can derive benefit from the property; doing so is not considered "a shade of interest," because the purchaser voluntarily obligated himself by this condition.

Halacha 12

An incident occurred concerning a woman who sent an agent, Reuven, to purchase a courtyard for her from one of her relatives, Shimon. Shimon, the seller, said to Reuven, the agent: "If I acquire funds, so and so, my relative, should return this property to me."

Reuven answered him: "You and so and so are relatives. You are so close, you are like brother and sister" - i.e., it is as if he were saying, "It is very likely that she will return it to you, and that she will not show concern about such a matter."

Afterwards, the matter was brought to the Sages, and they ruled that the agent did not purchase anything. For the relative selling the field did not rely on the agent's words, since they were not a clear reply. Therefore, the seller did not make a final decision to transfer ownership. Similar principles apply in other analogous situations.

Halacha 13

When a kinyan confirming an asmachta is made in a prominent court, it is considered as binding. This applies, provided the person involved entrusts the legal documents involved to the court, and provided he is not acting under duress.

Halacha 14

What is implied? A person entrusted his promissory note or his receipt to the court and engages in a kinyan, stating that if he does not come by such and such a date, the promissory note should be given to the other litigant. If the date arrives without the person's coming, the note should be given. If he was prevented from coming by a river or by illness, the promissory note should not be given to the other litigant. Similar principles apply in all analogous situations, provided that this is done in the presence of a prominent court.

Halacha 15

When a person undertakes a financial obligation to another person without making any stipulation, he becomes liable although he did not owe that person anything previously. He is giving him a present; this is not an asmachta.

What is implied? A person tells witnesses: "Serve as witnesses that I owe so and so a maneh," he composes a legal document that states that he owes the other person a maneh even though it is not observed by witnesses, or he told the other person in the presence of witnesses: "I owe you a maneh as recorded in a legal document." In the latter circumstance, even though he did not tell the witnesses to serve as witnesses, since he said "as recorded in a legal document," it is as if he told them: "Serve as witnesses that I am obligated."

Even though both parties admit - and the witnesses know - that the giver did not owe the recipient anything, he accepted an obligation on himself and becomes liable, as a guarantor does. The majority of the geonim ruled in this manner.

Halacha 16

The following rules apply when a person accepts an obligation on himself that is unlimited in nature - e.g., he says: "I obligate myself to feed you..." or "...to clothe you for five years." Even though he affirms his commitment to the recipient with a kinyan, he is not liable. For this resembles a present, and yet there is no specific and known entity that is being given as a present. My masters ruled in this manner.

Halacha 17

If so, why is a person who makes a commitment to his wife to provide food for her daughter from a previous marriage obligated to provide for her? Because he made this commitment at the time of their marriage. And the matter resembles entities that are acquired although only a verbal commitment is made.

Halacha 18

When the sages of Spain desired to make a kinyan with regard to an asmachta, they would adhere to the following guidelines: They would establish a kinyan with one party that he is obligated to the other party one hundred zuz. After he has undertaken such an obligation, a kinyan is made with the person to whom he indebted himself, that as long as this and this condition prevails or if he does such and such, the obligation is waived, effective retroactively to the time of the agreement, but that if this condition does not prevail or if he does not do such and such, he will sue him for the payment of the money for which he obligated himself.

This is the procedure that is followed in all stipulations that are made between a man and his wife with regard to engagements and other similar matters.

Chapter Twelve

Halacha 1

It is forbidden for a seller or a purchaser to take unfair advantage of a colleague, as Leviticus 25:14 states: "When you sell an entity to your colleague or purchase an entity from a colleague, one man should not take unfair advantage of his brother."

Even though such a person transgresses a negative commandment, he is not punished by lashes, because the funds can be returned. Whether the person intentionally deceived his colleague or did not know that this transaction involved taking unfair advantage, he is obligated to pay the unwarranted gain.

Halacha 2

How much unfair gain must there be in a transaction for the one who profits to be required to return it? An even sixth.

What is implied? If a person sold an article worth six zuz for five, or for seven, or one worth five zuz for six, or one worth seven zuz for six, it is considered to be unfair gain. The transaction is completed, and the person who profited is required to return the entire amount of unfair gain to the one who suffered the loss.

Halacha 3

If the unfair gain was even the slightest amount less than that - e.g., the person sold an article worth sixty dinarim for fifty dinarim and a p'rutah, he is not required to return anything. For it is common for people to waive any loss less than one sixth of the article's value.

Halacha 4

If the unfair gain was even the slightest amount more than one sixth - e.g., one sold an object worth 60 dinarim for 50 minus a p'rutah, the transaction is nullified. The purchaser may return the object without the transaction being completed at all.

The person who took the unfair gain, however, is not entitled to retract if the purchaser desires and seeks to maintain possession of the article, even though the transaction is nullified. The person who received the unfair gain is not obligated to return it unless the unfair gain exceeds a p'rutah. If the unfair gain was exactly a p'rutah], he is not obligated to return it, because the laws of ona'ah do not apply with regard to a p'rutah.

Halacha 5

Until when does the purchaser have the right to demand the return of the unfair gain or the nullification of the transaction? Until he has time to show the article to a merchant or to a relative. If he waits longer, even if he purchased an article worth 100 zuz for 200, he may not nullify the transaction.

Halacha 6

With regard to whom does the above apply? To a purchaser. For the article he purchased is in his possession, and it is common for him to show it to others.

The seller, by contrast, always has the opportunity to demand the return of the unfair gain. Needless to say, this applies with regard to the nullification of the sale. For he does not know the correct price of the article he sold until he sees a comparable article being sold. Accordingly, if the merchandise was a standard article that does not vary -e.g., peppers, or the like - he is given merely the time it takes to check the current market price.

Halacha 7

Similarly, if it is known that an article comparable to the one he sold came into the seller's possession, he realized that he had erred regarding the initial sale, but he did not protest, he can no longer protest, for he has already waived his claim.

Halacha 8

Just as the laws of ona'ah apply with regard to an ordinary person, so too, they apply with regard to a merchant, although he is knowledgeable concerning prices.

Just as the laws of ona'ah apply with regard to produce and animals, so too, they apply with regard to coins.

Halacha 9

What is implied? If a golden dinar was valued at 24 silver dinarim, and it was exchanged for 20 dinarim or 28 dinarim, the unfair gain must be returned. If the unfair gain was more than that, the exchange is nullified. If it is less than that, it is considered as if the other party waived his right to that money.

Halacha 10

Similarly, if a sela was lacking a sixth of its weight, and sela'im were being exchanged by number, rather than by weight, the unfair gain should be returned.

Halacha 11

Until when is the recipient obligated to return a dinar or a sela'im large cities, the amount of time necessary to show the coin to a money-changer. In villages, where a money-changer is not frequently found, until the end of the week. The rationale is that only a money-changer recognizes sela'im, whether they are lacking, and their worth.

Similar concepts apply with regard to sellers of books, and sellers of gems and pearls. The purchaser has the right to retract if the seller took unfair advantage of him until he has time to show the article he purchased to a merchant who is expert in such matters, wherever such an expert may be found. For not everyone is expert in the appraisal of such matters.

Therefore, if there was no expert available in that country, and after a considerable amount of time the purchaser took the object to another place, or an expert came and stated that the price was in error, the purchaser may retract.

Halacha 12

The following rules apply when a person gives a sela that is lacking in weight to a colleague. Should he be able to identify it, even after twelve months, the recipient may return it. If it will be accepted as currency, albeit with difficulty, the recipient may not return it after a lengthy time has passed, unless the giver accepts it as an expression of commitment beyond the measure of the law.

Halacha 13

The following rules apply in a situation where a person sold a colleague an article worth four zuz for five. As mentioned above, ordinarily, the transaction would be nullified. In this instance, however, before the purchaser had the opportunity to show the article to a merchant or to a relative, its price rose to seven zuz. The purchaser has the right to retract, and not the seller. For the purchaser will tell the seller: "If you had not taken unfair advantage of me, you would not have the right to retract. Now, because you have taken unfair advantage, do you think you should have the right to retract? Should a sinner receive reward?"

Halacha 14

Similarly, if one sold an object worth five zuz for four, and then its value decreased to three, the seller has the right to retract and not the purchaser. For the seller will tell the purchaser: "By deceiving me, you did not gain the right to retract."

Halacha 15

If a person sold an article worth five zuz for six, and before the purchaser had the opportunity to show the article to a merchant, its value increased to eight, the seller is obligated to return the zuz of unfair gain. For the transaction is completed and the seller is obligated to reimburse the purchaser for the unfair gain. When the article increased in value afterwards, it increased in value while in the possession of the purchaser.

Similarly, if a person sold an article worth six zuz for five and its value decreased to three, the purchaser is obligated to return the zuz of unfair gain. For the transaction is completed, and the article decreased in value while in the possession of the purchaser.

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Hayom Yom:

• Sunday, Cheshvan 23, 5704 ~ 27 October 2013 ~~ Monday, Cheshvan 24, 5774 ~ 28 October 2013

Sunday, Cheshvan 23, 5704

Torah lessons:

Chumash: Tol'dot, first parsha with Rashi.

Tehillim: 108-112.

Tanya: XXX. It is known (p. 585) ...for the initiated. (p. 587).

The Tzemach Tzedek was arrested twenty-two times during the Rabbinical conference in Petersburg, in 5603 (1843), for opposing the demands of the government regarding changes in education, etc. The minister in charge confronted him: "Is this not rebellion against the government?!"

The Tzemach Tzedek answered: "A rebel against the government is liable to be punished by death of the body; a rebel against the Kingdom of Heaven is punishable by death of the soul. Now which is worse?"

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.

Monday. Cheshvan 24, 5704

Torah lessons:

Chumash: Tol'dot, Sheini with Rashi.

Tehillim: 113-118.

Tanya: XXXI. Well-known (p. 587) ...all the limbs... (p. 591).

In material matters one should always look at he whose situation is lower than one's own, and thank the good G-d for His kindness to him.

In spiritual matters one should always look at he who is higher than oneself, and plead with G-d to grant him the intelligence to learn from the other, and the ability and strength to rise higher.1

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.See Sivan 30.

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Daily Thought:

Early Impressions

Give a child kind and non-predatory stuffed animals to play with, like sheep, deer, giraffe and such.

What the child looks at in those delicate years has a lasting effect.

And earlier still: Life starts in the womb. Sing to the fetus good things and speak to it kind words.

Punishment

Sometimes you don’t know whether to punish a child or hug him. If you punish him when he needed a hug, you’ve made a serious mistake.

But if you hug him when perhaps he should have been punished, you’ve just brought some extra love into the world.

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