Today in Judaism: Today is: Thursday, 23 Tevet 5774 · 26
December 2013
Today in Jewish History:
• Decree of Expulsion Issued for Portuguese Jews (1496)
Following the death of King Joao of Portugal in 1494, his son
King Manuel I ascended the throne. When his legitimacy as heir to the throne
was challenged, Manuel wished to marry Princess Isabel of Spain, daughter of
Ferdinand and Isabella, in order to solidify his position. As a precondition to
the marriage, the Spanish monarch demanded that Portugal expel its Jews—many of
whom were refugees from the 1492 Spanish Expulsion who found refuge in the
neighboring country of Portugal. Manuel agreed, and five days after the
marriage agreement was signed, on Tevet 23 (5257), he issued a decree giving
Portugal's Jews eleven months to leave the country.
Appreciating the Jews' economic value, Manuel was unhappy with
the potential loss of this economic asset, and devised a way to have the Jews
stay in Portugal—but as Christians. Initially, he instructed the Jews to leave
from one of three ports, but soon he restricted them to leaving from Lisbon
only. When October of 1497 arrived, thousands of Jews assembled there and were
forcibly baptized. Many Jews decided to stay and keep their Jewish faith
secret; they were called Marranos or Crypto-Jews.
Over the next 350 years, the infamous Inquisition persecuted,
tortured and burned at the stake thousands of "marranos" throughout
Spain, Portugal and their colonies for continuing to secretly practice the
Jewish faith.
Links:
Samuel Nunez-Ribeiro—The Life of a Marrano
Spanish & Portuguese Expulsion; Inquisition
Daily Quote:
And G‑d said: “. . .
Abraham shall be a great people . . . Because I know him, that he will command
his children and his household after him that they shall keep the way of G‑d, to do charity and justice.”(Genesis 18:17–19)
Daily Study:
Chitas and Rambam for today:
Chumash: Va'eira, 5th Portion Exodus 8:7-8:18 with Rashi
• Chapter 8
7. And the frogs will depart from you and from your houses and
from your servants and from your people; only in the Nile will they
remain." ז. וְסָרוּ הַצְפַרְדְּעִים מִמְּךָ וּמִבָּתֶּיךָ וּמֵעֲבָדֶיךָ וּמֵעַמֶּךָ
רַק בַּיְאֹר תִּשָּׁאַרְנָה:
8. And Moses and Aaron went away from Pharaoh, and Moses cried
out to the Lord concerning the frogs that He had brought upon Pharaoh. ח. וַיֵּצֵא
משֶׁה וְאַהֲרֹן מֵעִם פַּרְעֹה וַיִּצְעַק משֶׁה אֶל יְהֹוָה עַל דְּבַר הַצְפַרְדְּעִים
אֲשֶׁר שָׂם לְפַרְעֹה:
And Moses and Aaron went away from Pharaoh, and Moses cried out:
immediately that they be destroyed on the morrow.
ויצא ויצעק: מיד שיכרתו למחר:
9. And the Lord did according to Moses' word, and the frogs died
from the houses, from the courtyards, and from the fields. ט.
וַיַּעַשׂ יְהֹוָה כִּדְבַר משֶׁה וַיָּמֻתוּ הַצְפַרְדְּעִים מִן הַבָּתִּים מִן הַחֲצֵרֹת
וּמִן הַשָּׂדֹת:
10. They gathered them into many heaps, and the land stank. י. וַיִּצְבְּרוּ
אֹתָם חֳמָרִם חֳמָרִם וַתִּבְאַשׁ הָאָרֶץ:
many heaps: Heb. חֳמָרִם חֳמָרִם, many piles, as the Targum
[Onkelos] renders: דְּגוֹרִין, heaps.
חמרם חמרם: צבורים צבורים כתרגומו דגורין גלין:
11. When Pharaoh saw that there was relief, he hardened his
heart, and he did not hearken to them, as the Lord had spoken. יא.
וַיַּרְא פַּרְעֹה כִּי הָיְתָה הָרְוָחָה וְהַכְבֵּד אֶת לִבּוֹ וְלֹא שָׁמַע אֲלֵהֶם
כַּאֲשֶׁר דִּבֶּר יְהֹוָה:
he hardened his heart: Heb. וְהַכְבֵּד. It is the infinitive
form, like “continually traveling” (הָלוֹ וְנָסוֹעַ) (Gen. 12:9); “and
similarly, and slew (וְהַכּוֹת) the Moabites” (II Kings 3:24); “and by
inquiring (וְשָׁאוֹל) of God on his behalf” (I Sam. 22:13); “striking and
wounding (הכֵּה וּפָצֹעַ)” (I Kings 20:37).
והכבד את לבו: לשון פעול הוא, כמו (בראשית יב ט) הלוך ונסוע, וכן (מלכים
ב' ג כד) והכות את מואב, (שמואל א' כב יג) ושאול לו בא-להים, (מלכים א' כ לז) הכה ופצוע:
as the Lord had spoken: Now at what point did He speak? “But
Pharaoh will not hearken to you” (Exod. 7:4).
כאשר דבר ה': והיכן דבר (שמות ז ד) ולא ישמע אליכם פרעה:
12. The Lord said to Moses, "Say to Aaron, 'Stretch forth
your staff and strike the dust of the earth, and it shall become lice
throughout the entire land of Egypt.' "
יב. וַיֹּאמֶר יְהֹוָה אֶל משֶׁה אֱמֹר אֶל
אַהֲרֹן נְטֵה אֶת מַטְּךָ וְהַךְ אֶת עֲפַר הָאָרֶץ וְהָיָה לְכִנִּם בְּכָל אֶרֶץ
מִצְרָיִם:
Say to Aaron: It was inappropriate for the dust to be smitten
through Moses since it had protected him when he slew the Egyptian and had
hidden him in the sand. [Therefore,] it was smitten through Aaron [instead]. —
[from Tanchuma, Va’era 14, Exod. Rabbah 10:7]
אמר אל אהרן: לא היה העפר כדאי ללקות על ידי משה לפי שהגין עליו כשהרג
את המצרי ויטמנהו בחול ולקה על ידי אהרן:
13. They did so, and Aaron stretched forth his hand with his
staff and struck the dust of the earth, and the lice were upon man and beast;
all the dust of the earth became lice throughout the entire land of Egypt. יג.
וַיַּעֲשׂוּ כֵן וַיֵּט אַהֲרֹן אֶת יָדוֹ בְמַטֵּהוּ וַיַּךְ אֶת עֲפַר הָאָרֶץ וַתְּהִי
הַכִּנָּם בָּאָדָם וּבַבְּהֵמָה כָּל עֲפַר הָאָרֶץ הָיָה כִנִּים בְּכָל אֶרֶץ מִצְרָיִם:
and the lice were: The swarming, pedoiliee in Old French, the
swarming of lice. [This accounts for the singular verb form.]
ותהי הכנם: הרחישה דולייר"א בלעז [רחישת כינים]:
14. And the necromancers did likewise with their secret rites to
bring out the lice, but they could not, and the lice were upon man and beast. יד. וַיַּעֲשׂוּ
כֵן הַחַרְטֻמִּים בְּלָטֵיהֶם לְהוֹצִיא אֶת הַכִּנִּים וְלֹא יָכֹלוּ וַתְּהִי הַכִּנָּם
בָּאָדָם וּבַבְּהֵמָה:
to bring out the lice: To create them (another version: to bring
them out) from someplace else.
להוציא את הכנים: לבראותם ממקום אחר:
but they could not: Because a demon has no power over a creature
smaller than a barleycorn. — [from Sanh. 67b, Tanchuma, Va’era 14, Exod. Rabbah
10:7]
ולא יכלו: שאין השד שולט על בריה פחותה מכשעורה:
15. So the necromancers said to Pharaoh, "It is the finger
of God," but Pharaoh's heart remained steadfast, and he did not hearken to
them, as the Lord had spoken. טו. וַיֹּאמְרוּ הַחַרְטֻמִּם אֶל פַּרְעֹה אֶצְבַּע
אֱלֹהִים הִוא וַיֶּחֱזַק לֵב פַּרְעֹה וְלֹא שָׁמַע אֲלֵהֶם כַּאֲשֶׁר דִּבֶּר יְהֹוָה:
It is the finger of God: This plague is not through sorcery; it
is from the Omnipresent. — [from Exod. Rabbah 10:7]
אצבע א-להים הוא: מכה זו אינה על ידי כשפים, מאת המקום :
as the Lord had spoken: “But Pharaoh will not hearken to you”
(Exod. 7:4).
כאשר דבר ה': . (ולא ישמע אליכם פרעה (ז ד
16. And the Lord said to Moses, "Arise early in the morning
and stand before Pharaoh, behold, he is going out to the water, and you shall
say to him, 'So said the Lord, "Let My people go out and serve Me. טז.
וַיֹּאמֶר יְהֹוָה אֶל משֶׁה הַשְׁכֵּם בַּבֹּקֶר וְהִתְיַצֵּב לִפְנֵי פַרְעֹה הִנֵּה
יוֹצֵא הַמָּיְמָה וְאָמַרְתָּ אֵלָיו כֹּה אָמַר יְהֹוָה שַׁלַּח עַמִּי וְיַעַבְדֻנִי:
17. For if you do not let My people go, behold, I will incite
against you and against your servants and against your people and in your
houses a mixture of noxious creatures, and the houses of Egypt will be filled
with the mixture of noxious creatures, as well as the land upon which they are. יז.
כִּי אִם אֵינְךָ מְשַׁלֵּחַ אֶת עַמִּי הִנְנִי מַשְׁלִיחַ בְּךָ וּבַעֲבָדֶיךָ וּבְעַמְּךָ
וּבְבָתֶּיךָ אֶת הֶעָרֹב וּמָלְאוּ בָּתֵּי מִצְרַיִם אֶת הֶעָרֹב וְגַם הָאֲדָמָה
אֲשֶׁר הֵם עָלֶיהָ:
incite against you: Heb. מַשְׁלִיחַ בְּ, incite against you.
Similarly, “and the tooth of beasts I will incite (אִשַׁלַּח) against them”
(Deut. 32:24), an expression of inciting, antiziyer in Old French, to incite,
to set upon. — [from Jonathan]
משליח בך: מגרה בך, וכן (דברים לב כד) ושן בהמות אשלח בם, לשון שסוי
אינציטי"ר בלעז [לשסות]:
a mixture of noxious creatures: [which includes] all species of
wild beasts, snakes, and scorpions in a mixture, and they were destroying among
them [i.e., among the Egyptians]. There is a reason [given] for this matter in
the Aggadah, [i.e.,] for each plague, why this one and why that one. Following
a king’s war strategy did He come upon them [the Egyptians], according to the
order of a kingdom when it besieges a city. First they [the King’s army]
destroy its [the city’s] springs, and then they blow and sound rams’ horns to
frighten them and confuse them; thus did the frogs croak and make noise, etc.,
as is stated in the Midrash of Rabbi Tanchuma (Bo 4).
את הערב: כל מיני חיות רעות ונחשים ועקרבים בערבוביא והיו משחיתים בהם.
ויש טעם בדבר באגדה בכל מכה ומכה למה זו ולמה זו. בטכסיסי מלחמות מלכים בא עליהם, כסדר
מלכות כשצרה על עיר, בתחלה מקלקל מעיינותיה, ואחר כך תוקעין עליהם ומריעין בשופרות
ליראם ולבהלם, וכן הצפרדעים מקרקרים והומים וכו'. כדאיתא במדרש רבי תנחומא:
18. And I will separate on that day the land of Goshen, upon
which My people stand, that there will be no mixture of noxious creatures
there, in order that you know that I am the Lord in the midst of the earth. יח.
וְהִפְלֵיתִי בַיּוֹם הַהוּא אֶת אֶרֶץ גּשֶׁן אֲשֶׁר עַמִּי עֹמֵד עָלֶיהָ לְבִלְתִּי
הֱיוֹת שָׁם עָרֹב לְמַעַן תֵּדַע כִּי אֲנִי יְהֹוָה בְּקֶרֶב הָאָרֶץ:
And I will separate: Heb. וְהִפְלֵיתִי, and I will set apart.
Similarly, “And the Lord will set apart (וְהִפְלָה) ” (Exod. 9:4), and
similarly, “it is not separated (נִפְלֵאת) from you” (Deut. 30:11); it is [not]
set apart and separated from you. — [from Onkelos]
והפליתי: והפרשתי, וכן (שמות ט ד) והפלה ה', וכן (דברים ל יא) לא נפלאת
היא ממך. לא מובדלת ומופרשת היא ממך:
in order that you know that I am the Lord in the midst of the
earth: Although My Shechinah is in heaven, My decree is fulfilled in the lower
worlds. — [from Onkelos]
למען תדע כי אני ה' בקרב הארץ: אף על פי ששכינתי בשמים גזרתי מתקיימת
בתחתונים:
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Daily Tehillim: Chapters 108 - 112
• 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.
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Today in Tanya: Likutei Amarim, end of Chapter 12
• Thursday, 23 Tevet 5774 – 26 December 2013
• Lessons in Tanya
• Today's Tanya Lesson
Likutei Amarim, end of Chapter 12
רק שלזה מועיל הרשימו במוחין, ויראת ה׳ ואהבתו המסותרת בחלל הימני
However, the impression retained in his mind from his
meditation, during prayer, on G‑d’s greatness,
and the [natural] love and fear of G‑d hidden in
the right part of his heart, enable him
להתגבר ולשלוט על הרע הזה המתאוה תאוה
to prevail over and dominate the evil [animal soul’s] craving,
שלא להיות לו שליטה וממשלה בעיר, להוציא תאותו מכח אל הפועל, להתלבש
באברי הגוף
preventing the evil from gaining the supremacy and dominion over
the “city” (the body), and carrying out its craving from the potential to the
actual by clothing itself in the organs of the body in actual speech or deed.
ואפילו במוח לבדו, להרהר ברע, אין לו שליטה וממשלה להרהר חס ושלום ברצונו
שבמוחו
Furthermore: even in the mind alone, with respect to sinful
thought, the evil has not the dominion and power to cause him (G‑d forbid) to think such thoughts consciously;
שיקבל ברצון חס ושלום הרהור זה הרע העולה מאליו מהלב למוח כנ״ל
i.e., [to cause the mind] to accept willingly, G‑d forbid, the evil thought that rises of its own accord —
unbidden — from the heart to the mind, as explained above.1
Evil thoughts will occur to him involuntarily, because the evil
in his heart craves evil; however, the evil does not have the final say on what
he will let his mind accept willingly; the Beinoni’s conscious mind is
dominated by the divine soul.
אלא מיד בעלייתו לשם, דוחהו בשתי ידים ומסיח דעתו
Instead, immediately upon [the thought’s] rising to [the mind],
he — the Beinoni — thrusts it aside as it were with both hands, and averts his
mind from it,
מיד שנזכר שהוא הרהור רע
the instant he realizes that it is an evil thought.
ואינו מקבלו ברצון, אפילו להרהר בו ברצון, וכל שכן להעלותו על הדעת
לעשותו, חס ושלום, או אפילו לדבר בו
He will refuse to accept it even as a subject for mere conscious
thought, and will certainly not entertain the notion of acting on it, G‑d forbid, or even speaking of it.
כי המהרהר ברצון נקרא רשע באותה שעה
For he who willingly indulges in such thoughts is deemed a rasha
at that moment,
והבינוני אינו רשע אפילו שעה אחת לעולם
while the Beinoni is never wicked even for a single moment. Obviously,
then, the Beinoni would not willingly entertain evil thoughts.
The discussion of his mastery over his animal soul has thus far
centered on matters pertaining to man’s relationship with G‑d. It now moves to another area:
וכן בדברים שבין אדם לחבירו
So, too, in matters “between man and his fellow-man.”
The Beinoni will not grant expression in thought, speech or
action to any evil feelings toward his fellow.
מיד שעולה לו מהלב למוח איזו טינא ושנאה, חס ושלום
As soon as there rises from his heart to his mind any animosity
or hatred, G‑d forbid,
או איזו קנאה או כעס או קפידא ודומיהן
or jealousy, anger or a grudge, and their like,
אינו מקבלן כלל במוחו וברצונו
he will bar them from his mind and will, refusing even to think
of them.
ואדרבה המוח שליט ומושל ברוח שבלבו לעשות ההפך ממש
On the contrary, his mind will prevail over and dominate the
feelings of his heart, to do the exact opposite of that which the heart
desires,
להתנהג עם חבירו במדת חסד
namely, to conduct himself toward his fellow with the quality of
kindness (as opposed to the quality of “severity”, where hatred and anger
originate),
וחיבה יתרה מודעת לו, לסבול ממנו עד קצה האחרון
and to display towards his fellow a disproportionate love, in
suffering from him to the furthest extreme,
ולא לכעוס חס ושלום וגם שלא לשלם לו כפעלו, חס ושלום
without being provoked into anger, G‑d forbid, or to take revenge in kind, G‑d forbid, even without anger;
אלא אדרבה לגמול לחייבים טובות
but, on the contrary, to repay offenders with favors,
כמו שכתוב בזהר ללמוד מיוסף עם אחיו
as taught in the Zohar,2 that we should learn from the example
of Joseph’s conduct with his brothers, when he repaid them for the suffering
they brought upon him, with kindness and favors.
Thus, in his relations with his fellow-man as well, the Beinoni
does not permit the evil in his heart to express itself in thought, word or
deed.
It is thus understood from this chapter, that with regard to
practice the divine soul is the Beinoni’s only master. He neither thinks,
speaks nor does anything forbidden, but acts only in acordance with Torah and
mitzvot. As regards his essence, however, i.e., his intellect and emotions, he
has another master as well; his animal soul is still powerful, and it can and
does arouse evil desires in his heart.
In connection with the statement made earlier in this chapter,
that the time of prayer is propitious for spiritual elevation, an aphorism of
the previous Lubavitcher Rebbe, Rabbi J.I. Schneersohn, comes to mind:
When a Jew studies Torah he feels like a student before G‑d, his teacher, Whose wisdom he is studying. When he prays, he
feels like a child before his father.
——— ● ———
FOOTNOTES
1.Ch. 9.
2.Zohar I, p. 201a.
-------
Rambam:
• Daily Mitzvah Sefer Hamitzvos:
N286
Negative Commandment 286
Accepting Testimony from a Wicked Person
"Do not put your hand together with the wicked to be an
unrighteous witness"—Exodus 23:1.
It is forbidden for a judge to accept testimony from an evil
person – e.g., a robber or a desperado – and to issue a verdict based on that
testimony.
Accepting Testimony from a Wicked Person
Negative Commandment 286
Translated by Berel Bell
The 286th prohibition is that a judge is forbidden from
accepting testimony from a wicked person and from acting based on his
testimony.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not place your hand
with a wicked person to be a corrupt witness." The Oral Tradition2
explains that this means, "Do not place a wicked person as a witness; do
not place a corrupt person as a witness." This disqualifies corrupt
individuals and robbers, who are invalid for testimony, as it is written,3
"Do not take a corrupt witness against any person."
The details of this mitzvah are explained in the third chapter4
of tractate Sanhedrin.
FOOTNOTES
1.Ex. 23:1.
2.Mechilta, Parshas Shoftim.
3.Deut. 19:16. The verse actually reads, "If a corrupt
witness...."
4.27a.
-------
Rambam:
• 1 Chapter: She'ar Avot haTum'ah Chapter 15
Chapter 15
Halacha 1
What is meant by a doubt concerning a point of Rabbinic Law? For
example, if there is a doubt whether or not a person ate impure foods or drank
impure liquids, or there is a doubt whether or not a person inserted his head
and the majority of his body in drawn water or three lugim of
drawn water fell upon him, he is pure. Similarly, if a person ate impure foods
or drank impure liquids or inserted his head and the majority of his body in
drawn water or had three lugimof drawn water fall upon him and then
a question arose whether or not he touched particular pure entities, those pure
entities remain pure. Similarly, if he ate foods that are questionably impure
or drank liquids that are questionably impure, he is deemed pure. Similarly,
one who partakes of terumah whose status is held in abeyance,
is pure. Similarly, in all analogous situations where there is a question
regarding the status of derivatives of impurity, the person or the object is
deemed pure.
If, however, there is a question regarding a source of impurity,
even one of Rabbinic origin, the person or the object is deemed impure unless
the source of impurity was itself of doubtful status, e.g., a beit
hapras or the earth of the Diaspora. Terumah is not
burned because of a doubt whether it touched such substances, as was explained.
Halacha 2
What is meant by the principle: a doubt that arises regarding
ordinary food, i.e., the purity of the food prepared by those who partake of
ordinary foods in a state of purity, the people called perushim?
When a question arises regarding the purity of the ordinary food
that is treated as pure by people who partake of ordinary foods in a state of
purity, the objects are deemed pure. This applies with regard to all questions
that arise. Only when impurity is definite is it of consequence in such
instances.
Halacha 3
What is meant by the principle: a doubt that arises concerning
sacrifices? If a person lacking atonement was in doubt regarding an obligation
to bring five sacrifices, e.g., a woman who was in doubt regarding five
situations that could have rendered her impure due to zivah or
due to childbirth, she may bring only one sacrifice. Afterwards, she is pure
with regard to partaking of sacrificial foods. The remainder of the offerings
are not considered as obligations that must be fulfilled, as explained in Hilchot
Mechusrei Kapparah.
Halacha 4
What is meant by a doubt concerning tzara'at blemishes?
Until a person is categorized as impure, with regard to all questions
concerning his status, he is considered as pure, as explained in Hilchot
Negayim, ch. 6.
Halacha 5
What is meant by a doubt when a person afflicted with tzara'at stood
still or passed? When a person afflicted with tzara'at was
sitting under a tree, a person who was ritually pure passed by, and there was a
question whether or not he passed under the tree, he is pure. This ruling also
applies if a person who was ritually pure was sitting under a tree, a person
afflicted with tzara'at passed under the tree, and there was a
question whether or not he stood still.
Halacha 6
What is meant by a doubt concerning the carcass of a creeping
animal, i.e., a creeping animal that was thrown? One threw the carcass of a
creeping animal or another impure entity among loaves of bread and, in both
instances, when there is a question whether or not the pure loaf was touched by
impurity, they are considered as pure. The rationale is that the status of all
questions of ritual impurity depends on the situation at the time the matter is
discovered. We do not say: Maybe it touched the pure or impure object and then
fell to its side? Instead, the ruling is given according to its state when it
was discovered.
Halacha 7
When there was a carcass of a creeping animal in the mouth of a
mole that was walking over loaves of bread that were terumah and
there was a question whether or not the carcass touched the loaves, it is pure,
because the impurity did not come to rest. If the mole was walking on the
loaves and touching them with the teeming animal, but there was a question
whether or not it was alive, the loaves are pure.
When does the above apply? When the mole seized the creeping
animal when it was alive and then departed. If, however, the creeping animal
was discovered dead in the mole's mouth, the loaves are impure. If, however, it
was seen to be alive while it was in the mole's mouth even though it was
discovered dead in front of it afterwards, the loaves are pure.
Similarly, when there is a carcass of a creeping animal in the
mouth of a mole and the carcass of an animal in the mouth of a dog and they
passed between pure substances or pure substances passed between them, the
status of the pure substances does not change despite the question. This
leniency is granted, because the impurity does not have a fixed place. If they were
pecking with them on the ground, they are considered to have been placed in a
fixed position and they impart impurity retroactively because of the doubt if
they were located in a private domain, as will be explained.
Halacha 8
What is meant by a doubt that arose in the public domain? When
impurity was located in the public domain and there is a doubt whether a person
or a substance touched it or not, it is considered to be pure. If such a
situation arose in a private domain and there is a doubt whether a person or a
substance touched it or not, it is considered to be impure.
All of these questionable situations which the Sages ruled as
pure are given that status even if the situation occurs in a private domain,
because the objects involved do not have the knowledge to inquire regarding
their status, as will be explained.
Halacha 9
What is meant by a doubt involving two domains? An impure entity
was located in a private domain and there was a pure entity in a public domain
or vice versa and a person touched one of them, but did not know which one he
touched, he is pure. The same ruling applies if he moved one of them and did
not know which one he moved if the impure entity would impart impurity when
carried or one of them would impart impurity when one holds a portion of his
body over it and he held a portion of his body over one of them, but does not
know which one. Even though this involves a doubt in the public domain, he is
considered as pure.
When he inquires about his status, we tell him: "If you
immerse, you have not lost anything." If he immerses, it is praiseworthy.
If he does not immerse and touches entities that are pure, they remain pure,
because when there is a doubt in the public domain, the entity is considered as
pure.
Halacha 10
When the carcass of a creeping animal that was burnt was found
on food, or a garment that was worn out or a needle that was broken or rusty
was found among keilim, the keilim are pure. This
applies whether they are found in a public domain or a private domain. We do
not say, perhaps the carcass was burnt only after it came into contact with the
foods or after the keilim contracted ritual impurity because
of contact with the garment or the needle, the needle broke or became rusty and
the garment became worn out. For we follow the principle: the status of all
questions of ritual impurity depends on the situation at the time the matter is
discovered.
Halacha 11
The following rules apply when two witnesses tell a person:
"You contracted impurity," and he says: "I am pure.' His word is
accepted with regard to his own status. Nevertheless, we do not tell him to
involve himself with pure articles, but if he did involve himself with pure
articles, they are pure, but he should take his own precautions.
If one witness says: "He became impure," and two
witnesses state: "He did not become impure," whether this occurred in
a public domain or a private domain, he is pure. If two witnesses say: "He
became impure," and one witness states: "He did not become impure,"
whether this occurred in a public domain or a private domain, he is impure.
When one witness says: "He became impure," and one witness states:
"He did not become impure," if this occurred in a private domain, he
is impure. If this occurred in a public domain, he is pure.
-------
Rambam:
• 3 Chapters: Edut Chapter 11, Edut Chapter 12, Edut Chapter 13
Chapter 11
Halacha 1
When one does not read the Written
Law, nor study the Oral Law, nor carry on ordinary social relationships, he can
be assumed to be wicked and is disqualified as a witness according to Rabbinic
decree. The rationale is that whenever a person has descended to such a degree,
it can be assumed that he will transgress most transgressions that will present
themselves to him.
Halacha 2
For this reason, unlearned people
should not be designated as witnesses, nor do we accept such a person's
testimony unless it has been established that he observes the mitzvot, performs
acts of kindness, conducts himself in an upright manner, and carries on normal
social relationships. The testimony of such a person may be accepted even
though he is unlearned and is unfamiliar with both the Written and Oral Law.
Halacha 3
Thus one may conclude any Torah
scholar may be assumed to be acceptable as a witness unless he is disqualified,
and any unlearned person may be assumed to be unacceptable unless it is
established that he follows just paths.
Halacha 4
Whoever accepts the testimony of an
unlearned person before it is established that he possesses the above positive
qualities or before witnesses come and testify that he observes the mitzvot and
carries on ordinary social relations is a commoner and will be required to face
judgment, for he has forfeited the financial resources of Jews on the basis of
the testimony of the wicked.
Halacha 5
Similarly, base people are
disqualified as witnesses by Rabbinic decree. This refers to people who walk
through the marketplace eating in the presence of everyone, those who go
unclothed in the marketplace when they are involved in ignoble tasks, and the
like. The rationale is that they are not concerned with their own shame. All
these people are considered as dogs; they will not be concerned with testifying
falsely.
Included are those who partake of
charity given by gentiles in public. Although they could derive this benefit in
private, they denigrate themselves and accept it in public without showing concern
for their honor. All of these individuals are disqualified according to
Rabbinical decree.
Halacha 6
What is the difference between a
person who is disqualified as a witness according to Scriptural Law and one who
is disqualified by Rabbinic decree? The testimony of a person disqualified by
Scriptural Law is nullified even though it was not announced in synagogues and
houses of study that he is unacceptable.
Announcements must be made about a
person who is disqualified by Rabbinic decree, by contrast, before his
testimony is disqualified. Accordingly, any testimony that he gives before such
announcements are made are accepted so that people who relied on him will not
suffer a loss, for they did not know that he was unacceptable, and he is
disqualified only by Rabbinic decree.
Halacha 7
The testimony of one witness is
acceptable with regard to the Torah's prohibitions, even though his testimony
is not accepted with regard to other matters. This is evident from the fact
that when a wicked person known to transgress slaughters an animal, his
slaughter is acceptable. We accept his word when he says: "I slaughtered
it according to law." When, however, a person is suspected of violating a
particular prohibition frequently, his word is not accepted with regard to his
own matters. His word is accepted, however, with regard to others.
Halacha 8
For this reason, a person suspected of
violating a particular prohibition may serve as a judge and as a witness for
others. We operate under the assumption that a person will not transgress so
that others will benefit.
What is implied? The word of an
unlearned person is accepted if he states: "The produce of so-and-so has
been tithed." Similarly, the word of a person who is suspected of selling
the meat of a firstborn is accepted if he states: "The meat which
so-and-so is selling is ordinary meat." Similar principles apply with
regard to other prohibitions. For the wicked fear the Torah's prohibitions, but
they do not fear causing others monetary loss.
Halacha 9
The Kings of Israel may not testify,
nor is testimony given against them, because they are strong-armed men of power
who do not subjugate themselves to the yoke of the judges. Testimony may be
made against a High Priest, by contrast, and he may give testimony concerning
the king in the Supreme Sanhedrin,
as explained.
Halacha 10
Our Sages had no need to list
informers, epicursim, and
apostates among those who are not acceptable as witnesses. For they listed only
the wicked among the Jewish people. These rebellious deserters of the faith are
inferior to the gentiles. Gentiles need not be saved from a pit, but neither
should they be pushed into one the pious among them will receive a share in the
world to come. These deserters of the faith should be pushed into a pit and
should not be saved from one; they will not receive a portion in the world to
come.
Chapter 12
Halacha 1
Whenever a person is disqualified as a
witness for committing a transgression, he is disqualified if two witnesses
testify that he committed a transgression despite the fact that they did not
warn him and hence, he does not receive lashes.
When does the above apply? When the
person committed a transgression that is universally known among the Jewish
people to be a sin, e.g., he took a false or an unnecessary oath, he robbed, he
stole, he ate meat from an animal that was not slaughtered in a ritual manner,
or the like. Different rules apply, however, if the witnesses see him
transgress a prohibition which he most likely violated unknowingly. In such an
instance, they must warn him. Afterwards, if he transgresses, he is
disqualified.
What is implied? If witnesses saw a
person tying or untying a knot on the Sabbath, they must inform him that this
desecrates the Sabbath, because most people are unaware of this. Similarly, if
they see him performing a forbidden labor on the Sabbath or a festival, they
must inform him that the day is the Sabbath or the festival, lest he have
forgotten.
Similarly, if a person gambles
continually, becomes a the collector of the king's duty, or a tax collector
takes more for himself, the witnesses must inform him that a person who does
this is not acceptable as a witness. For the majority of the people are unaware
of this matter. Similar laws apply in all analogous situations. The general
principle is: Whenever it appears to the witnesses that the person committing
the transgression knew that he was acting wickedly and transgressed
deliberately, he is not acceptable as a witness even though he was not given a
warning and hence, does not receive lashes.
Halacha 2
A person is not disqualified as a
witness because of a transgression on the basis of his own testimony. What is
implied? A person comes to court and admits that he stole, robbed, or lent
money at interest. Although his own statement is sufficient to obligate him to
make financial restitution, it does not disqualify him as a witness. Similarly,
if he states that he ate meat from an animal that was not slaughtered in a
ritual manner or had relations with a woman forbidden to him, he is not
disqualified until two witnesses testify concerning the transgression. The
rationale is that a person is not deemed as wicked on the basis of his own
testimony.
Accordingly, if Shimon testifies that
Reuven lent money at interest, and Levi testifies: "Reuven lent me money
at interest," Reuven is disqualified as a witness on the basis of the
testimony of Shimon and Levi. Although Levi admitted that he borrowed money at
interest, he is not deemed as wicked on the basis of his own testimony. Hence,
his word is accepted with regard to Reuven, but not with regard to himself.
Similarly, if a person testifies that
so-and-so sodomized him, whether against the will of the person sodomized or
with his consent, the person sodomized and one other witness can join together
and through their testimony have the sodomizer condemned to execution. If a
person states: "So-and-so had relations with my wife," he and one
other witness can join together and through their testimony have that person,
but not the wife condemned to execution. Similar laws apply in all analogous
situations.
If a person testifies: "So-and-so
sodomized my ox," he and one other witness can join together and through
their testimony have that person condemned to execution. The rationale is that
a person is not considered as related to his property.
Halacha 3
When two people testify that a person
is not acceptable as a witness because he committed one of the abovementioned
transgressions and two others come and testify that he repented and renounced
his improper conduct or received lashes as punishment for the transgression, he
is acceptable. If, however, two witnesses came and contradicted the original
witnesses, saying: "He did not commit the transgression and should not be
disqualified," there is an unresolved doubt if he is disqualified as a
witness or not. Therefore he should not testify, we do not expropriate money on
the basis of his testimony, and he should not serve as a judge until he
repents.
Halacha 4
Whenever a person was obligated to
receive lashes, he is considered as an acceptable witness again when he repents
or when he received lashes in court. Other persons who were disqualified as
witnesses because of money which they seized or stole must repent even if they
made financial restitution. Instead, they are disqualified until it is known
that they repented from their evil ways.
Halacha 5
When is it considered that people who
lend money at interest have repented? When they tear up their promissory notes
on their own volition and manifest complete regret over their actions to the
extent that they do not lend money at interest even to gentiles.
Halacha 6
When is it considered that
dice-players have repented? When they break their dice on their own volition
and manifest complete regret over their actions to the extent that they do not
even play without monetary stakes.
Halacha 7
When is it considered that those who
guide the flight of doves have repented? When they break the tools they use to
snare them and manifest complete regret over their actions to the extent that
they do not do this even in the desert.
Halacha 8
When is it considered that merchants
of produce in the Sabbatical year have repented? When the Sabbatical year
arrives, they are investigated and it is discovered that they did not sell such
produce.
Expressing regret verbally is not
sufficient. Instead, they must compose a document, stating: "I, so-and-so,
the son of so-and-so, earned 200 zuz from the sale of the produce of the
Sabbatical year and this sum is given as a present to the poor."
Halacha 9
When is it considered that a person
suspected of benefiting from taking a false oath has repented? When he goes to
a court which does not recognize him and tells them: "I am suspect to take
a false oath." Alternatively, when he is obligated to take an oath in a
court which does not recognize him with regard to a significant amount of money
and he chooses to make financial restitution rather than take the oath.
Similarly, a butcher would check the
animals he slaughtered by himself and market the meat who sold meat that was trefe is considered like those who partake
of such meat and who are unacceptable as witnesses. Such a butcher is
unacceptable as a witness until it is evident from his deeds that he regrets
the evil he performed. He must wear black clothes, robe himself in black, and
go to a place where his identity is not known and return a lost object that is
significantly valuable or acknowledge that an animal that is significantly
valuable which he owned and slaughtered is trefe.
Halacha 10
Similarly, a witnesses who was
discovered to have lied who went to a place where he was not recognized and was
offered a significant amount of money to deliver false testimony, but refused
is considered to have repented and is reinstated as a witness. Similar
principles apply in all analogous situations.
Chapter 13
Halacha 1
Relatives are disqualified as witnesses
according to Scriptural Law, as implied by Deuteronomy 24:16: "Fathers shall not die
because of sons." According to the Oral Tradition, the verse is
interpreted as meaning that included in this prohibition is that fathers should
not die because of the testimony of sons, nor should sons die because of the
testimony of fathers. Similar laws apply with regard to other relatives.
According to Scriptural Law, only
paternal relatives are disqualified - i.e., a father with his sons and
grandsons, paternal brothers with each other, and the sons of paternal brothers
with each other. Needless to see the uncles may not testify with their
brother's sons. Maternal relatives or people related by marriage are
disqualified only by Rabbinic decree.
Halacha 2
Converts are not considered as
relatives. Even two twin brothers who convert may testify on each others
behalf. For a convert is considered as a newborn child.
Halacha 3
Brothers - whether maternal brothers
or paternal - are considered as one degree removed. Their sons are considered
as two degrees removed. And their grandsons are three degrees removed.
Halacha 4
A person who is three degrees removed
may testify on behalf of one who is one degree removed. Needless to say, one
who is three degrees removed may testify on behalf of one who is two degrees
removed. But two who are both two degrees removed, and needless to say, one who
is two degrees removed and one who is one degree removed are both disqualified
from testifying.
Halacha 5
A father and his son are considered as
one degree removed. Therefore a father is disqualified from testifying with his
grandson. With his great-grandson, i.e., the fourth generation, he is
acceptable, for he is of the first degree and the great-grandson, three
degrees, removed. Similar laws apply with regard to women relatives.
What is implied? Two sisters or a
brother and a sister - whether paternally or maternally related - are
considered as one degree removed. Their children whether male or female are
considered as two degrees removed and their grandchildren - including the sons
of their sons and the daughters of their daughters - are considered as three
degrees removed. Just as we count the degrees descendants are removed for males
- one degree, two degrees, and three degrees - so, too, we count the degrees
for females.
Halacha 6
Whenever a person is disqualified from
testifying on behalf of a woman, he is also disqualified from testifying on
behalf of her husband, for a husband is considered like his wife. Conversely,
whenever a person is disqualified from testifying on behalf of a man, he is
also disqualified from testifying on behalf of his wife, for a wife is
considered like her husband.
Halacha 7
Whenever two women are removed by
second degrees, their husbands may testify on behalf of each other. If,
however, the women are one degree removed, e.g., a man married a woman, and a
colleague married her daughter, the two men may not testify on each other's
behalf.
Halacha 8
Similarly, the husbands of two sisters
are disqualified with regard to each other and are considered as one degree
removed.
Halacha 9
Similarly, a person should not testify
on behalf of the son of his wife's sister, nor on behalf of the husband of the
daughter of his wife's sister. He may, however, testify on behalf of the son of
the husband of his wife's sister who was born to that person from another wife.
Halacha 10
Whenever a witness is disqualified
from testifying on behalf of a colleague because he is married to the witness'
relative, the witness may testify on behalf of the other relatives of that
colleague, e.g., his son and his brother. Similarly, whenever a witness is
disqualified from testifying on behalf of a woman because she is married to the
witness' relative, the witness may testify on behalf of her other relatives,
e.g., her son and her brother.
Halacha 11
The father of a bride and the father
of a groom may testify on behalf of each other.
Halacha 12
A person's paternal brother may
testify on behalf of that person's maternal brother and the maternal brother
may testify on behalf of the paternal brother, for they have no connection
whatsoever.
What is implied? Rachel married Joseph
and bore him a son Reuven. Joseph had a son, Menashe, from another wife. Joseph
died and Rachel married Shimon and bore him Judah. Menashe and Judah may
testify on each other's behalf.
Halacha 13
A man and his wife are considered as
being removed by one degree. Hence a husband may not testify on behalf of his
wife's son, the wife of his wife's son, his wife's daughter, the husband of his
wife's daughter, his wife's father, his wife's mother, the husband of his
wife's mother, nor the wife of his wife's father.
Halacha 14
When a person has consecrated a woman,
although the marriage bond has not been consummated, with regard to testimony,
it is as if she is fully married.
To whom does the above apply? To the
woman he consecrated herself; he may not testify on her behalf. If, however, he
testifies on behalf of the relatives of the woman he consecrated, e.g., her
sister's husband, her son or daughter, or the like, we do not disqualify him
until he marries her.
Halacha 15
The Torah did not disqualify the
testimony of relatives because we assume that they love each other, for a
relative may not testify neither on his relative's behalf or against his
interests. Instead, this is a Scriptural decree.
For this reason people who love each
other or who hate each other are acceptable as witnesses even though they are
not acceptable as judges. For the Scriptural decree disqualifies only relatives
as witnesses.
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Hayom Yom:
• Thursday, 23 Tevet 5774 – 26 December 2013
"Today's Day"
Thursday Tevet 23 5703
Torah lessons: Chumash:
Sh'mot, Chamishi with Rashi.
Tehillim: 108-112.
Tanya: However, the impression (p. 51)...Towards his brothers.
(Here appears an emendation to the text of Torah Or, relevant
only in Hebrew. Translator).
Groaning by itself won't do a bit of good. A groan is only a key
to open the heart and eyes, so as not to sit there with folded arms, but to
plan orderly work and activity, each person wherever he can be effective, to
campaign for bolstering Torah, spreading Torah and the observance of Mitzvot.
One person might do this through his writing, another with his oratory, another
with his wealth.
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Daily Thought:
Understanding Wonder
That there are matters we don’t understand is obvious
—how could a finite mind,
bound within the confines of time and space,
fathom the infinite knowledge of its Creator?
The great wonder is that there are matters we can understand.
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