Today in Judaism ~ Today is: Saturday, Shabbat, Cheshvan 29, 5704 ~ 2 November 2013 ~~ Sunday, Cheshvan 30, 5774 ~ 3 November 2013
Torah Reading
Toldot, (Genesis 25:19 This is the history of the generations of Isaac, Abraham’s son. Abraham became the father of Isaac. 20 Isaac was forty years old when he took Rebekah, the daughter of Bethuel the Syrian of Paddan Aram, the sister of Laban the Syrian, to be his wife. 21 Isaac entreated the LORD for his wife, because she was barren. The LORD was entreated by him, and Rebekah his wife conceived. 22 The children struggled together within her. She said, “If it is so, why do I live?” She went to inquire of the LORD. 23 The LORD said to her,
“Two nations are in your womb.
Two peoples will be separated from your body.
The one people will be stronger than the other people.
The elder will serve the younger.”
24 When her days to be delivered were fulfilled, behold, there were twins in her womb. 25 The first came out red all over, like a hairy garment. They named him Esau. 26 After that, his brother came out, and his hand had hold on Esau’s heel. He was named Jacob. Isaac was sixty years old when she bore them.
27 The boys grew. Esau was a skillful hunter, a man of the field. Jacob was a quiet man, living in tents. 28 Now Isaac loved Esau, because he ate his venison. Rebekah loved Jacob. 29 Jacob boiled stew. Esau came in from the field, and he was famished. 30 Esau said to Jacob, “Please feed me with that same red stew, for I am famished.” Therefore his name was called Edom.*
31 Jacob said, “First, sell me your birthright.”
32 Esau said, “Behold, I am about to die. What good is the birthright to me?”
33 Jacob said, “Swear to me first.”
He swore to him. He sold his birthright to Jacob. 34 Jacob gave Esau bread and stew of lentils. He ate and drank, rose up, and went his way. So Esau despised his birthright.26:1 There was a famine in the land, besides the first famine that was in the days of Abraham. Isaac went to Abimelech king of the Philistines, to Gerar. 2 The LORD appeared to him, and said, “Don’t go down into Egypt. Live in the land I will tell you about. 3 Live in this land, and I will be with you, and will bless you. For I will give to you, and to your offspring,* all these lands, and I will establish the oath which I swore to Abraham your father. 4 I will multiply your offspring† as the stars of the sky, and will give all these lands to your offspring.‡ In your offspring§ will all the nations of the earth be blessed, 5 because Abraham obeyed my voice, and kept my requirements, my commandments, my statutes, and my laws.”
6 Isaac lived in Gerar. 7 The men of the place asked him about his wife. He said, “She is my sister,” for he was afraid to say, “My wife”, lest, he thought, “the men of the place might kill me for Rebekah, because she is beautiful to look at.” 8 When he had been there a long time, Abimelech king of the Philistines looked out at a window, and saw, and, behold, Isaac was caressing Rebekah, his wife. 9 Abimelech called Isaac, and said, “Behold, surely she is your wife. Why did you say, ‘She is my sister?’”
Isaac said to him, “Because I said, ‘Lest I die because of her.’”
10 Abimelech said, “What is this you have done to us? One of the people might easily have lain with your wife, and you would have brought guilt on us!”
11 Abimelech commanded all the people, saying, “He who touches this man or his wife will surely be put to death.”
12 Isaac sowed in that land, and reaped in the same year one hundred times what he planted. The LORD blessed him. 13 The man grew great, and grew more and more until he became very great. 14 He had possessions of flocks, possessions of herds, and a great household. The Philistines envied him. 15 Now all the wells which his father’s servants had dug in the days of Abraham his father, the Philistines had stopped, and filled with earth. 16 Abimelech said to Isaac, “Go from us, for you are much mightier than we.”
17 Isaac departed from there, encamped in the valley of Gerar, and lived there.
18 Isaac dug again the wells of water, which they had dug in the days of Abraham his father. For the Philistines had stopped them after the death of Abraham. He called their names after the names by which his father had called them. 19 Isaac’s servants dug in the valley, and found there a well of springing water. 20 The herdsmen of Gerar argued with Isaac’s herdsmen, saying, “The water is ours.” He called the name of the well Esek, because they contended with him. 21 They dug another well, and they argued over that, also. He called its name Sitnah. 22 He left that place, and dug another well. They didn’t argue over that one. He called it Rehoboth. He said, “For now the LORD has made room for us, and we will be fruitful in the land.”
23 He went up from there to Beersheba. 24 The LORD appeared to him the same night, and said, “I am the God of Abraham your father. Don’t be afraid, for I am with you, and will bless you, and multiply your offspring** for my servant Abraham’s sake.”
25 He built an altar there, and called on the LORD’s name, and pitched his tent there. There Isaac’s servants dug a well.
26 Then Abimelech went to him from Gerar, and Ahuzzath his friend, and Phicol the captain of his army. 27 Isaac said to them, “Why have you come to me, since you hate me, and have sent me away from you?”
28 They said, “We saw plainly that the LORD was with you. We said, ‘Let there now be an oath between us, even between us and you, and let us make a covenant with you, 29 that you will do us no harm, as we have not touched you, and as we have done to you nothing but good, and have sent you away in peace.’ You are now the blessed of the LORD.”
30 He made them a feast, and they ate and drank. 31 They rose up some time in the morning, and swore to one another. Isaac sent them away, and they departed from him in peace. 32 The same day, Isaac’s servants came, and told him concerning the well which they had dug, and said to him, “We have found water.” 33 He called it Shibah.†† Therefore the name of the city is Beersheba‡‡ to this day.
34 When Esau was forty years old, he took as wife Judith, the daughter of Beeri the Hittite, and Basemath, the daughter of Elon the Hittite. 35 They grieved Isaac’s and Rebekah’s spirits.27:1 When Isaac was old, and his eyes were dim, so that he could not see, he called Esau his elder son, and said to him, “My son?”
He said to him, “Here I am.”
2 He said, “See now, I am old. I don’t know the day of my death. 3 Now therefore, please take your weapons, your quiver and your bow, and go out to the field, and take me venison. 4 Make me savory food, such as I love, and bring it to me, that I may eat, and that my soul may bless you before I die.”
5 Rebekah heard when Isaac spoke to Esau his son. Esau went to the field to hunt for venison, and to bring it. 6 Rebekah spoke to Jacob her son, saying, “Behold, I heard your father speak to Esau your brother, saying, 7 ‘Bring me venison, and make me savory food, that I may eat, and bless you before the LORD before my death.’ 8 Now therefore, my son, obey my voice according to that which I command you. 9 Go now to the flock, and get me from there two good young goats. I will make them savory food for your father, such as he loves. 10 You shall bring it to your father, that he may eat, so that he may bless you before his death.”
11 Jacob said to Rebekah his mother, “Behold, Esau my brother is a hairy man, and I am a smooth man. 12 What if my father touches me? I will seem to him as a deceiver, and I would bring a curse on myself, and not a blessing.”
13 His mother said to him, “Let your curse be on me, my son. Only obey my voice, and go get them for me.”
14 He went, and got them, and brought them to his mother. His mother made savory food, such as his father loved. 15 Rebekah took the good clothes of Esau, her elder son, which were with her in the house, and put them on Jacob, her younger son. 16 She put the skins of the young goats on his hands, and on the smooth of his neck. 17 She gave the savory food and the bread, which she had prepared, into the hand of her son Jacob.
18 He came to his father, and said, “My father?”
He said, “Here I am. Who are you, my son?”
19 Jacob said to his father, “I am Esau your firstborn. I have done what you asked me to do. Please arise, sit and eat of my venison, that your soul may bless me.”
20 Isaac said to his son, “How is it that you have found it so quickly, my son?”
He said, “Because the LORD your God gave me success.”
21 Isaac said to Jacob, “Please come near, that I may feel you, my son, whether you are really my son Esau or not.”
22 Jacob went near to Isaac his father. He felt him, and said, “The voice is Jacob’s voice, but the hands are the hands of Esau.” 23 He didn’t recognize him, because his hands were hairy, like his brother, Esau’s hands. So he blessed him. 24 He said, “Are you really my son Esau?”
He said, “I am.”
25 He said, “Bring it near to me, and I will eat of my son’s venison, that my soul may bless you.”
He brought it near to him, and he ate. He brought him wine, and he drank. 26 His father Isaac said to him, “Come near now, and kiss me, my son.” 27 He came near, and kissed him. He smelled the smell of his clothing, and blessed him, and said,
“Behold, the smell of my son
is as the smell of a field which the LORD has blessed.
28 God give you of the dew of the sky,
of the fatness of the earth,
and plenty of grain and new wine.
29 Let peoples serve you,
and nations bow down to you.
Be lord over your brothers.
Let your mother’s sons bow down to you.
Cursed be everyone who curses you.
Blessed be everyone who blesses you.”
30 As soon as Isaac had finished blessing Jacob, and Jacob had just gone out from the presence of Isaac his father, Esau his brother came in from his hunting. 31 He also made savory food, and brought it to his father. He said to his father, “Let my father arise, and eat of his son’s venison, that your soul may bless me.”
32 Isaac his father said to him, “Who are you?”
He said, “I am your son, your firstborn, Esau.”
33 Isaac trembled violently, and said, “Who, then, is he who has taken venison, and brought it me, and I have eaten of all before you came, and have blessed him? Yes, he will be blessed.”
34 When Esau heard the words of his father, he cried with an exceeding great and bitter cry, and said to his father, “Bless me, even me also, my father.”
35 He said, “Your brother came with deceit, and has taken away your blessing.”
36 He said, “Isn’t he rightly named Jacob? For he has supplanted me these two times. He took away my birthright. See, now he has taken away my blessing.” He said, “Haven’t you reserved a blessing for me?”
37 Isaac answered Esau, “Behold, I have made him your lord, and all his brothers I have given to him for servants. I have sustained him with grain and new wine. What then will I do for you, my son?”
38 Esau said to his father, “Have you but one blessing, my father? Bless me, even me also, my father.” Esau lifted up his voice, and wept.
39 Isaac his father answered him,
“Behold, of the fatness of the earth will be your dwelling,
and of the dew of the sky from above.
40 By your sword will you live, and you will serve your brother.
It will happen, when you will break loose,
that you shall shake his yoke from off your neck.”
41 Esau hated Jacob because of the blessing with which his father blessed him. Esau said in his heart, “The days of mourning for my father are at hand. Then I will kill my brother Jacob.”
42 The words of Esau, her elder son, were told to Rebekah. She sent and called Jacob, her younger son, and said to him, “Behold, your brother Esau comforts himself about you by planning to kill you. 43 Now therefore, my son, obey my voice. Arise, flee to Laban, my brother, in Haran. 44 Stay with him a few days, until your brother’s fury turns away; 45 until your brother’s anger turn away from you, and he forgets what you have done to him. Then I will send, and get you from there. Why should I be bereaved of you both in one day?”
46 Rebekah said to Isaac, “I am weary of my life because of the daughters of Heth. If Jacob takes a wife of the daughters of Heth, such as these, of the daughters of the land, what good will my life do me?”28:1 Isaac called Jacob, blessed him, and commanded him, “You shall not take a wife of the daughters of Canaan. 2 Arise, go to Paddan Aram, to the house of Bethuel your mother’s father. Take a wife from there from the daughters of Laban, your mother’s brother. 3 May God Almighty bless you, and make you fruitful, and multiply you, that you may be a company of peoples, 4 and give you the blessing of Abraham, to you, and to your offspring* with you, that you may inherit the land where you travel, which God gave to Abraham.”
5 Isaac sent Jacob away. He went to Paddan Aram to Laban, son of Bethuel the Syrian, Rebekah’s brother, Jacob’s and Esau’s mother.
6 Now Esau saw that Isaac had blessed Jacob and sent him away to Paddan Aram, to take him a wife from there, and that as he blessed him he gave him a command, saying, “You shall not take a wife of the daughters of Canaan,” 7 and that Jacob obeyed his father and his mother, and was gone to Paddan Aram. 8 Esau saw that the daughters of Canaan didn’t please Isaac, his father. 9 Esau went to Ishmael, and took, besides the wives that he had, Mahalath the daughter of Ishmael, Abraham’s son, the sister of Nebaioth, to be his wife.!!Messianic WEB
Today in Jewish History:
Mumbai Terror Attacks (2008)
The city of Mumbai, India, was hit with a series of coordinated terror attacks, starting on Wednesday evening, the 29th of Cheshvan 5769, which left close to 200 dead and scores more injured.
One of the terrorists' chosen targets was the local Chabad House, known as the "Nariman House," operated by Chabad-Lubavitch emissaries Rabbi Gavriel Noach (Gabi) and Rivkah (Rivki) Holtzberg.
In the subsequent standoff, which continued until Friday afternoon, Gabi and Rivki and several other Jews in the Chabad House – Rabbis Bentzion Chroman and Leibish Teitelbaum, Norma Schwartzblatt-Rabinowitz and Yocheved Orpaz – were killed in cold blood. May G‑d avenge their murders.
Miraculously, the Holtzbergs' two-year-old child, Moshe, was saved by his nanny.
Today’s Laws and Customs:
Bless New Month
This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Kislev, which falls on Sunday and Monday of next week.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon. Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Rosh Chodesh Kislev
Rosh Chodesh Observances
Today is the first of the two Rosh Chodesh ("Head of the Month") days for the month of Kislev (when a month has 30 days, both the last day of the month and the first day of the following month serve as the following month's Rosh Chodesh).
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited -- in its "partial" form -- following the Shacharit morning prayer, and the Yaaleh V'yavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachnun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh -- the month being the feminine aspect of the Jewish Calendar.
Daily Study:
Chitas and Rambam for today:
Chumash with Rashi: Parshat Toldot, 7th Portion (Genesis 28:5-28:9) & Parshat Vayeitzei, 1st Portion (Genesis 28:10-28:22)
Chapter 28
5. And Isaac sent Jacob, and he went to Padan aram, to Laban the son of Bethuel the Aramean, the brother of Rebecca, the mother of Jacob and Esau.
ה. וַיִּשְׁלַח יִצְחָק אֶת יַעֲקֹב וַיֵּלֶךְ פַּדֶּנָה אֲרָם אֶל לָבָן בֶּן בְּתוּאֵל הָאֲרַמִּי אֲחִי רִבְקָה אֵם יַעֲקֹב וְעֵשָׂו:
the mother of Jacob and Esau: I do not know what this teaches us. [I.e., We already know from the narrative that Rebecca was their mother.]
אם יעקב ועשו: איני יודע מה מלמדנו:
6. And Esau saw that Isaac had blessed Jacob and sent him away to Padan aram, to take himself a wife from there, and that when he blessed him, he commanded him, saying, "You shall not take a wife of the daughters of Canaan."
ו. וַיַּרְא עֵשָׂו כִּי בֵרַךְ יִצְחָק אֶת יַעֲקֹב וְשִׁלַּח אֹתוֹ פַּדֶּנָה אֲרָם לָקַחַת לוֹ מִשָּׁם אִשָּׁה בְּבָרֲכוֹ אֹתוֹ וַיְצַו עָלָיו לֵאמֹר לֹא תִקַּח אִשָּׁה מִבְּנוֹת כְּנָעַן:
7. And Jacob listened to his father and his mother, and he went to Padan aram.
ז. וַיִּשְׁמַע יַעֲקֹב אֶל אָבִיו וְאֶל אִמּוֹ וַיֵּלֶךְ פַּדֶּנָה אֲרָם:
And Jacob listened: This is connected to the aforementioned topic: When Esau saw that Isaac had blessed [Jacob] and that he had sent him off to Padan-aram, and that Jacob listened to his father and went to Padan-aram, and that the daughters of Canaan were displeasing [to his father], then he, too, went to Ishmael.
וישמע יעקב: מחובר לענין של מעלה וירא עשו כי ברך יצחק וגו' וכי שלח אותו פדנה ארם, וכי שמע יעקב אל אביו והלך פדנה ארם וכי רעות בנות כנען, והלך גם הוא אל ישמעאל:
8. And Esau saw that the daughters of Canaan were displeasing to his father Isaac.
ח. וַיַּרְא עֵשָׂו כִּי רָעוֹת בְּנוֹת כְּנָעַן בְּעֵינֵי יִצְחָק אָבִיו:
9. So Esau went to Ishmael, and he took Mahalath, the daughter of Ishmael, the son of Abraham, the sister of Nebaioth, in addition to his other wives as a wife.
ט. וַיֵּלֶךְ עֵשָׂו אֶל יִשְׁמָעֵאל וַיִּקַּח אֶת מָחֲלַת | בַּת יִשְׁמָעֵאל בֶּן אַבְרָהָם אֲחוֹת נְבָיוֹת עַל נָשָׁיו לוֹ לְאִשָּׁה:
the sister of Nebaioth: Since it says, “the daughter of Ishmael,” do I not know that she was the sister of Nebaioth? But this teaches us that Ishmael died after he had betrothed her to Esau, before her marriage, and her brother Nebaioth gave her hand in marriage. This also teaches us that Jacob was sixty-three years old at that time, for Ishmael was seventy-four years old when Jacob was born. Ishmael was fourteen years older than Isaac, and Isaac was sixty years old when they were born, hence [Ishmael was] seventy-four. He lived one hundred and thirty seven years, as it is stated (above 25:17): “and these are the years of the life of Ishmael,” etc. Consequently, Jacob was sixty-three at Ishmael’s death. We learn from here that he hid for fourteen years in the house of Eber and afterwards went to Haran. [This can be deduced from the fact that] he stayed in Laban’s house before Joseph’s birth only fourteen years, as it is said (below 31:41): “I worked for you fourteen years for your two daughters and six years for your sheep,” and the payment for the sheep took place after Joseph was born, as it is said (below 30:25): “And it came to pass when Rachel had given birth to Joseph, etc.,” and Joseph was thirty years old when he became ruler, and from then until Jacob descended to Egypt were nine years: seven of plenty and two of famine. And Jacob said to Pharaoh (below 47:9): “The days of the years of my sojournings are one hundred and thirty years.” Go forth and figure 14 years before Joseph was born, plus the 30 years of Joseph’s age, plus the 9 years from the time he became ruler until Jacob came. The total is 53. And when he [Jacob] left his father, he was 63, totaling 116. Yet he said [to Pharaoh, “I am] one hundred and thirty years old.” Hence, there are fourteen years missing. Thus, you learn that after he had received the blessings, he hid in the house of Eber for fourteen years. [From Meg. 17:1] (However, he was not punished [for these fourteen years] because of the merit [of having studied] Torah, for Joseph was separated from his father only twenty-two years, i.e., from age seventeen until age thirty-nine, corresponding to the twenty-two years that Jacob was separated from his father [when] he did not honor him. These are the twenty years in Laban’s house, plus the two years that he spent traveling [home], as it is written (below 33:17): “And he built himself a house, and for his cattle he made booths.” Our Rabbis of Blessed Memory inferred from this verse that he spent eighteen months on the road, for the house was for the rainy season, and the booths were for the summer. And, according to the calculation of the verses, which we calculated above, from the time he left his father until he went down to Egypt, at the age of one hundred and thirty, we find an additional fourteen years, therefore, it is certain that he hid in the house of Eber to learn Torah while on his way to the house of Laban. And because of the merit of the Torah, he was not punished for them [those fourteen years], and Joseph was separated from him for only twenty-two years-measure for measure. The above is from an old Rashi text).
אחות נביות: ממשמע שנאמר (לעיל כה יג) בת ישמעאל איני יודע שהיא אחות נביות, אלא למדנו שמת ישמעאל משיעדה לעשו קודם נשואיה והשיאה נביות אחיה. ולמדנו שהיה יעקב באותו הפרק בן ששים ושלש שנים, שהרי ישמעאל בן שבעים וארבע שנים היה כשנולד יעקב, ארבע עשרה שנה היה גדול ישמעאל מיצחק, ויצחק בן ששים שנה בלדת אותם הרי שבעים וארבע, ושנותיו היו מאה שלושים ושבע, שנאמר (שם יז) ואלה שני חיי ישמעאל וגו', נמצא יעקב כשמת ישמעאל בן ששים ושלש שנים היה, ולמדנו מכאן שנטמן בבית עבר ארבע עשרה שנה ואחר כך הלך לחרן, שהרי לא שהה בבית לבן שלפני לידתו של יוסף אלא ארבע עשרה שנה, שנאמר (שם לא מא) עבדתיך ארבע עשרה שנה בשתי בנותיך ושש שנים בצאנך ושכר הצאן משנולד יוסף היה, שנאמר (שם ל כה) ויהי כאשר ילדה רחל את יוסף וגו', ויוסף בן שלשים שנה היה כשמלך, ומשם עד שירד יעקב למצרים תשע שנים, שבע של שובע ושתיים של רעב, ויעקב אמר לפרעה (שם מז ט) ימי שני מגורי שלשים ומאת שנה. צא וחשוב ארבע עשרה שלפני לידת יוסף, ושלשים של יוסף, ותשע משמלך עד שבא יעקב הרי חמשים ושלש, וכשפירש מאביו היה בן ששים ושלש הרי מאה ושש עשרה, והוא אומר שלשים ומאת שנה, הרי חסרים ארבע עשרה שנים הא למדת שאחר שקבל הברכות נטמן בבית עבר ארבע עשרה שנים. (אבל לא נענש עליהם בזכות התורה, שהרי לא פירש יוסף מאביו אלא עשרים ושתים שנה דהיינו משבע עשרה עד שלשים ותשע כנגד עשרים ושתים שפירש יעקב מאביו ולא כבדו, והם עשרים שנים בבית לבן, ושתי שנים ששהה בדרך, כדכתיב (להלן לג יז) ויבן לו בית ולמקנהו עשה סכות, ופירשו רבותינו ז"ל מזה הפסוק ששהה שמונה עשר חדשים בדרך, דבית הוה בימות הגשמים וסכות הוה בימות החמה, ולחשבון הפסוקים שחשבנו לעיל משפירש מאביו עד שירד למצרים שהיה בן מאה שלשים שנים, שם אנו מוצאים עוד ארבע עשרה שנים, אלא ודאי נטמן בבית עבר בהליכתו לבית לבן ללמוד תורה ממנו, ובשביל זכות התורה לא נענש עליהם ולא פירש יוסף ממנו אלא עשרים ושתים שנה, מדה כנגד מדה):
to his other wives: He added wickedness upon his wickedness, for he did not divorce the first ones. [From Gen. Rabbah 67:13]
על נשיו: הוסיף רשעה על רשעתו, שלא גירש את הראשונות:
Chapter 28
10. And Jacob left Beer sheba, and he went to Haran.
י. וַיֵּצֵא יַעֲקֹב מִבְּאֵר שָׁבַע וַיֵּלֶךְ חָרָנָה:
And Jacob left: Because, it was due to the fact that the daughters of Canaan were displeasing in the eyes of his father Isaac, that Esau went to Ishmael, Scripture interrupted the account dealing with Jacob and it is written (above verse 6): “When Esau saw that Isaac had blessed [Jacob], etc.” And as soon as Scripture finished [the account of Esau’s marriage], it returned to the previous topic.
ויצא יעקב: על ידי שבשביל שרעות בנות כנען בעיני יצחק אביו הלך עשו אל ישמעאל, הפסיק הענין בפרשתו של יעקב וכתיב (לעיל כח ו) וירא עשו כי ברך וגו', ומשגמר חזר לענין הראשון:
And Jacob left: Scripture had only to write: “And Jacob went to Haran.” Why did it mention his departure? But this tells [us] that the departure of a righteous man from a place makes an impression, for while the righteous man is in the city, he is its beauty, he is its splendor, he is its majesty. When he departs from there, its beauty has departed, its splendor has departed, its majesty has departed. And likewise (Ruth 1:7): “And she went forth from the place,” stated in reference to Naomi and Ruth. - [From Gen. Rabbah 68:6]
ויצא יעקב מבאר שבע: לא היה צריך לכתוב אלא וילך יעקב חרנה, ולמה הזכיר יציאתו, אלא מגיד שיציאת צדיק מן המקום עושה רושם, שבזמן שהצדיק בעיר הוא הודה הוא זיוה הוא הדרה, יצא משם פנה הודה פנה זיוה פנה הדרה וכן (רות א ז) ותצא מן המקום, האמור בנעמי ורות:
and he went to Haran: He left in order to go to Haran. — [From Gen. Rabbah 68:8,]
וילך חרנה: יצא ללכת לחרן:
11. And he arrived at the place and lodged there because the sun had set, and he took some of the stones of the place and placed [them] at his head, and he lay down in that place.
יא. וַיִּפְגַּע בַּמָּקוֹם וַיָּלֶן שָׁם כִּי בָא הַשֶּׁמֶשׁ וַיִּקַּח מֵאַבְנֵי הַמָּקוֹם וַיָּשֶׂם מְרַאֲשֹׁתָיו וַיִּשְׁכַּב בַּמָּקוֹם הַהוּא:
And he arrived at the place: Scripture does not mention which place, but [it means] the place mentioned elsewhere, which is Mount Moriah, concerning which it is said (Gen. 22:4):“And he saw the place from afar.” [From Pes. 88a]
ויפגע במקום: לא הזכיר הכתוב באיזה מקום אלא במקום הנזכר במקום אחר, הוא הר המוריה שנאמר בו (לעיל כב ד) וירא את המקום מרחוק:
And he arrived: Heb. וַיִפְגַע, as in (Josh. 16:7):“and it reached (וּפָגַע) Jericho” ; (ibid. 19: 11):“and it reached (וּפָגַע) Dabbesheth.” Our Rabbis (Gen. Rabbah 88:9, Ber. 26b) interpreted it [the word וַיִפְגַע] as an expression of prayer, as in (Jer. 7:16):“And do not entreat (תִּפְגַּע) me,” and this teaches us that he [Jacob] instituted the evening prayer. [Scripture] did not write וַיִתְפַּלֵּל, [the usual expression for prayer], to teach that the earth sprang toward him [i.e. the mountain moved toward him], as is explained in the chapter entitled גִיד הַנָּשֶׁה (Chullin 91b).
ויפגע: כמו (יהושע טז ז) ופגע ביריחו, (שם יט יא) ופגע בדבשת. ורבותינו פירשו לשון תפלה כמו (ירמיה ז טז) ואל תפגע בי, ולמדנו שתקן תפלת ערבית. ושנה הכתוב ולא כתב ויתפלל, ללמדך שקפצה לו הארץ, כמו שמפורש בפרק גיד הנשה (חולין צא ב):
because the sun had set: Heb. כִּי בָא הַשֶּׁמֶשׁ [Scripture] should have written [in reverse order]:“And the sun set (וַיָּבֹא), and he stayed there overnight.” [The expression] כִּי בָא הַשֶּׁמֶשׁ implies that the sun set suddenly for him, not at its usual time, so that he would have to stay there overnight. [From Gen. Rabbah 68:10, Chullin 91b]
כי בא השמש: היה לו לכתוב ויבא השמש וילן שם. כי בא השמש, משמע ששקעה לו חמה פתאום שלא בעונתה כדי שילין שם:
and placed [them] at his head: He arranged them in the form of a drainpipe around his head because he feared the wild beasts. They [the stones] started quarreling with one another. One said, “Let the righteous man lay his head on me,” and another one said, “Let him lay [his head] on me.” Immediately, the Holy One, blessed be He, made them into one stone. This is why it is stated (verse 18):“and he took the stone [in the singular] that he had placed at his head.” [From Chullin 91b]
וישם מראשותיו: עשאן כמין מרזב סביב לראשו שהיה ירא מפני חיות רעות. התחילו מריבות זו עם זו, זאת אומרת עלי יניח צדיק את ראשו, וזאת אומרת עלי יניח, מיד עשאן הקב"ה אבן אחת, וזהו שנאמר (פסוק יח) ויקח את האבן אשר שם מראשותיו:
and he lay down in that place: [The word הַהוּא] is a restrictive expression, meaning that [only] in that place did he lie down, but during the fourteen years that he served in the house of Eber, he did not lie down at night, because he was engaged in Torah study. [From Gen. Rabbah 68:11]
וישכב במקום ההוא: לשון מיעוט באותו מקום שכב, אבל ארבע עשרה שנים ששמש בבית עבר לא שכב בלילה, שהיה עוסק בתורה:
12. And he dreamed, and behold! a ladder set up on the ground and its top reached to heaven; and behold, angels of God were ascending and descending upon it.
יב. וַיַּחֲלֹם וְהִנֵּה סֻלָּם מֻצָּב אַרְצָה וְרֹאשׁוֹ מַגִּיעַ הַשָּׁמָיְמָה וְהִנֵּה מַלְאֲכֵי אֱלֹהִים עֹלִים וְיֹרְדִים בּוֹ:
ascending and descending: Ascending first and afterwards descending. The angels who escorted him in the [Holy] Land do not go outside the Land, and they ascended to heaven, and the angels of outside the Holy Land descended to escort him.[From Gen. Rabbah 68:12]
עולים ויורדים: עולים תחלה ואחר כך יורדים, מלאכים שליווהו בארץ אין יוצאים חוצה לארץ ועלו לרקיע, וירדו מלאכי חוצה לארץ ללותו:
13. And behold, the Lord was standing over him, and He said, "I am the Lord, the God of Abraham your father, and the God of Isaac; the land upon which you are lying to you I will give it and to your seed.
יג. וְהִנֵּה יְהֹוָה נִצָּב עָלָיו וַיֹּאמַר אֲנִי יְהֹוָה אֱלֹהֵי אַבְרָהָם אָבִיךָ וֵאלֹהֵי יִצְחָק הָאָרֶץ אֲשֶׁר אַתָּה שֹׁכֵב עָלֶיהָ לְךָ אֶתְּנֶנָּה וּלְזַרְעֶךָ:
And behold, the Lord was standing over him: to guard him.
נצב עליו: לשמרו:
and the God of Isaac: Although we do not find in Scripture that the Holy One, blessed be He, associates His name with that of the righteous during their lifetimes by writing “the God of so-and-so,” for it is said (Job 15:15):“Lo! He does not believe in His holy ones,” [i.e., God does not consider even His holy ones as righteous until after their deaths, when they are no longer subject to the evil inclination,] nevertheless, here He associated His name with Isaac because his eyes had become dim, and he was confined in the house, and he was like a dead person, the evil inclination having ceased from him (Tanchuma Toledoth 7).
ואלהי יצחק: אף על פי שלא מצינו במקרא שייחד הקב"ה שמו על הצדיקים בחייהם לכתוב אלהי פלוני, משום שנאמר (איוב טו טו) הן בקדושיו לא יאמין, כאן ייחד שמו על יצחק לפי שכהו עיניו וכלוא היה בבית, והרי הוא כמת, ויצר הרע פסק ממנו:
upon which you are lying: (Chullin ad loc.) The Holy One, blessed be He, folded the entire Land of Israel under him. He hinted to him that it would be as easily conquered by his children (as four cubits, which represent the area a person takes up [when lying down]). [From Chullin 91b]
שכב עליה: קיפל הקב"ה כל ארץ ישראל תחתיו, רמז לו שתהא נוחה ליכבש לבניו:
14. And your seed shall be as the dust of the earth, and you shall gain strength westward and eastward and northward and southward; and through you shall be blessed all the families of the earth and through your seed.
יד. וְהָיָה זַרְעֲךָ כַּעֲפַר הָאָרֶץ וּפָרַצְתָּ יָמָּה וָקֵדְמָה וְצָפֹנָה וָנֶגְבָּה וְנִבְרְכוּ בְךָ כָּל מִשְׁפְּחֹת הָאֲדָמָה וּבְזַרְעֶךָ:
and you shall gain strength: Heb. וּפָרַצ ְתָּ, as in יִפְרֹץ וְכֵן,“and so did they gain strength” (Exod. 1:12). [after targumim]
ופרצת: וחזקת, כמו (שמות א יב) וכן יפרוץ:
15. And behold, I am with you, and I will guard you wherever you go, and I will restore you to this land, for I will not forsake you until I have done what I have spoken concerning you."
טו. וְהִנֵּה אָנֹכִי עִמָּךְ וּשְׁמַרְתִּיךָ בְּכֹל אֲשֶׁר תֵּלֵךְ וַהֲשִׁבֹתִיךָ אֶל הָאֲדָמָה הַזֹּאת כִּי לֹא אֶעֱזָבְךָ עַד אֲשֶׁר אִם עָשִׂיתִי אֵת אֲשֶׁר דִּבַּרְתִּי לָךְ:
And behold, I am with you: [God promised Jacob this] because he was afraid of Esau and Laban.
אנכי עמך: לפי שהיה ירא מעשו ומלבן:
until I have done: אִם is used in the sense of כִּי, [meaning that].
עד אשר אם עשיתי: אם משמש בלשון כי:
I have spoken concerning you: Heb. לָ, for your benefit and concerning you. What I promised to Abraham concerning his seed, I promised in reference to you and not in reference to Esau, for I did not say to him, “for Isaac will be called your seed,” [which would signify that all of Isaac’s descendants would be regarded as Abraham’s] but“for in Isaac,” [meaning part of Isaac’s descendants] but not all [the descendants] of Isaac (Nedarim 31a). Likewise, wherever לִי, לוֹ, לָ and לָהֶם are used in conjunction with a form of the verb“speaking” (דִּבּוּר) they are used in the sense of “concerning.” This [verse] proves it, because heretofore, He had not spoken to Jacob.
דברתי לך: לצרכך ועליך, מה שהבטחתי לאברהם על זרעו, לך הבטחתיו ולא לעשו, שלא אמרתי לו כי יצחק יקרא לך זרע, אלא כי ביצחק, ולא כל יצחק. וכן כל לי ולך ולו ולהם הסמוכים אצל דיבור, משמשים לשון על, וזה יוכיח, שהרי עם יעקב לא דיבר קודם לכן:
16. And Jacob awakened from his sleep, and he said, "Indeed, the Lord is in this place, and I did not know [it]."
טז. וַיִּיקַץ יַעֲקֹב מִשְּׁנָתוֹ וַיֹּאמֶר אָכֵן יֵשׁ יְהֹוָה בַּמָּקוֹם הַזֶּה וְאָנֹכִי לֹא יָדָעְתִּי:
and I did not know [it]: For had I known, I would not have slept in such a holy place. [from Bereishith Rabbathi , attributed to Rabbi Moshe Hadarshan]
ואנכי לא ידעתי: שאילו ידעתי לא ישנתי במקום קדוש כזה:
17. And he was frightened, and he said, "How awesome is this place! This is none other than the house of God, and this is the gate of heaven."
יז. וַיִּירָא וַיֹּאמַר מַה נּוֹרָא הַמָּקוֹם הַזֶּה אֵין זֶה כִּי אִם בֵּית אֱלֹהִים וְזֶה שַׁעַר הַשָּׁמָיִם:
than the house of God: Said Rabbi Eleazar in the name of Rabbi Jose ben Zimra: This ladder stood in Beer-sheba and the middle of its incline reached opposite the Temple, for Beer-sheba is situated in the south of Judah, and Jerusalem [is situated] in its north, on the boundary between Judah and Benjamin, and Beth-el was in the north of the territory of Benjamin, on the boundary between Benjamin and the sons of Joseph. Consequently, a ladder whose foot is in Beer-sheba and whose top is in Beth-el-the middle of its slant is opposite Jerusalem. This accords with what our Sages said, that the Holy One, blessed be He, said, “This righteous man has come to My lodging place [i.e., the Temple Mount]. Shall he leave without lodging?” And furthermore, they said: Jacob called Jerusalem Beth-el. But this place [which he called Beth-el] was Luz, and not Jerusalem. So, from where did they learn to say this? [i.e., that Luz was Jerusalem.] I believe that Mount Moriah was uprooted from its place, and it came here, [to Luz, i.e., at that time, Luz, Jerusalem and Beth-el were all in the same place], and this is the “springing of the earth” mentioned in Tractate Chullin, i.e., that the [site of the] Temple came towards him until Beth-el. This is the meaning of ויפגע במקום “And he met the place.” Now if you ask, “When Jacob passed by the Temple, why did He not detain him there?” [The answer is:] If he did not put his mind to pray in the place where his forefathers had prayed, should they detain him from heaven? He went as far as Haran, as it is stated in the chapter entitled, “Gid HaNasheh” (Hullin 91b), and the text, “and he went to Haran” (verse 10) supports this. When he arrived in Haran, he said, “Is is possible that I have passed the place where my forefathers prayed, and I did not pray there?” He decided to return, and he went back as far as Beth-El, and the earth “sprang toward him.” [This Beth-El is not the one near Ai, but the one near Jerusalem, and because it was the city of God, he called it Beth-El, the house of God, and that is Mount Moriah where Abraham prayed, and that is the field where Isaac prayed, and so did they say in Sotah (sic.) (Pes.88a) [concerning the verse] (Micah 4:2):“Come, let us go up to the Mount of the Lord, to the House of God of Jacob.” [It is] not [called] as did Abraham, who called it a mountain, and not as did Isaac, who called it a field, but as did Jacob, who called it the House of God. An exact edition of Rashi.
כי אם בית א-להים: אמר רבי אלעזר בשם רבי יוסי בן זמרא הסולם הזה עומד בבאר שבע ואמצע שיפועו מגיע כנגד בית המקדש, שבאר שבע עומד בדרומה של יהודה, וירושלים בצפונה בגבול שבין יהודה ובנימין, ובית אל היה בצפון של נחלת בנימין בגבול שבין בנימין ובין בני יוסף, נמצא סולם שרגליו בבאר שבע וראשו בבית אל מגיע אמצע שיפועו נגד ירושלים. וכלפי שאמרו רבותינו שאמר הקב"ה צדיק זה בא לבית מלוני ויפטר בלא לינה, ועוד אמרו יעקב קראה לירושלים בית אל וזו לוז היא ולא ירושלים ומהיכן למדו לומר כן. אומר אני שנעקר הר המוריה ובא לכאן, וזהו היא קפיצת הארץ האמורה בשחיטת חולין (חולין צא ב), שבא בית המקדש לקראתו עד בית אל, וזהו ויפגע במקום. [ואם תאמר וכשעבר יעקב על בית המקדש מדוע לא עכבו שם, איהו לא יהיב לביה להתפלל במקום שהתפללו אבותיו, ומן השמים יעכבוהו, איהו עד חרן אזל כדאמרינן בפרק גיד הנשה (חולין צא ב), וקרא מוכיח וילך חרנה, כי מטא לחרן אמר אפשר שעברתי על מקום שהתפללו אבותי ולא התפללתי בו, יהב דעתיה למהדר וחזר עד בית אל וקפצה לו הארץ]:
How awesome: The Targum renders: How awesome (דְּחִילוּ) is this place! דְּחִילוּ is a noun, as in (Targum Exodus 31:3):“understanding” סוּכְלָתָנוּ; (below verse 20):“a garment (וּכְסוּ) to wear.”
מה נורא: תרגום מה דחילו אתרא הדין. דחילו שם דבר הוא, כמו סוכלתנו, וכסו למלבש:
and this is the gate of heaven: A place of prayer, where their prayers ascend to heaven (Pirkei d’Rabbi Eliezer , ch. 35). And its midrashic interpretation is that the Heavenly Temple is directed exactly towards the earthly Temple. [From Gen. Rabbah 69:7]
וזה שער השמים: מקום תפלה לעלות תפלתם השמימה. ומדרשו שבית המקדש של מעלה מכוון כנגד בית המקדש של מטה:
18. And Jacob arose early in the morning, and he took the stone that he had placed at his head, and he set it up as a monument, and he poured oil on top of it.
יח. וַיַּשְׁכֵּם יַעֲקֹב בַּבֹּקֶר וַיִּקַּח אֶת הָאֶבֶן אֲשֶׁר שָׂם מְרַאֲשֹׁתָיו וַיָּשֶׂם אֹתָהּ מַצֵּבָה וַיִּצֹק שֶׁמֶן עַל רֹאשָׁהּ:
19. And he named the place Beth El, but Luz was orignally the name of the city.
יט. וַיִּקְרָא אֶת שֵׁם הַמָּקוֹם הַהוּא בֵּית אֵל וְאוּלָם לוּז שֵׁם הָעִיר לָרִאשֹׁנָה:
20. And Jacob uttered a vow, saying, "If God will be with me, and He will guard me on this way, upon which I am going, and He will give me bread to eat and a garment to wear;
כ. וַיִּדַּר יַעֲקֹב נֶדֶר לֵאמֹר אִם יִהְיֶה אֱלֹהִים עִמָּדִי וּשְׁמָרַנִי בַּדֶּרֶךְ הַזֶּה אֲשֶׁר אָנֹכִי הוֹלֵךְ וְנָתַן לִי לֶחֶם לֶאֱכֹל וּבֶגֶד לִלְבֹּשׁ:
If God will be with me: If He keeps these promises that he promised me to be with me, as He said to me, “And behold, I am with you.” [from Gen. Rabbah 70:4]
אם יהיה א-להים עמדי: אם ישמור לי הבטחות הללו שהבטיחני להיות עמדי, כמו שאמר לי (פסוק טו) והנה אנכי עמך:
and He will guard me: As He said to me, “and I will guard you wherever you go.”
ושמרני: כמו שאמר לי (פסוק טו) ושמרתיך בכל אשר תלך:
and He will give me bread to eat: As He said, “for I will not forsake you,” for if one must seek bread, he is called “forsaken,” as it is said, (Ps. 37:25): “and I have not seen a righteous man forsaken and his seed seeking bread.” [from Gen. Rabbah 69:6]
ונתן לי לחם לאכול: כמו שאמר (פסוק טו) כי לא אעזבך, והמבקש לחם הוא קרוי נעזב, שנאמר (תהלים לז כה) ולא ראיתי צדיק נעזב וזרעו מבקש לחם:
21. And if I return in peace to my father's house, and the Lord will be my God;
כא. וְשַׁבְתִּי בְשָׁלוֹם אֶל בֵּית אָבִי וְהָיָה יְהֹוָה לִי לֵאלֹהִים:
And if I return: As He said to me, “and I will restore you to this land.”
ושבתי: כמו שאמר לי (פסוק טו) והשיבותיך אל האדמה:
in peace: Perfect from sin, that I will not learn from the ways of Laban.
בשלום: שלם מן החטא, שלא אלמד מדרכי לבן:
and the Lord will be my God: that His name will rest upon me from beginning to end, that no disqualification should be found among my seed, as it is written: “[I will do] that which I have spoken concerning you.” And this promise He promised to Abraham, as it is said (17: 7):“to be a God to you and to your seed after you.” (“Your seed” [means that they should be] of pure lineage, that no disqualification should be found in him.) [from Sifrei Va-etchanan 31]
והיה ה' לי לא-להים: שיחול שמו עלי מתחלה ועד סוף, שלא ימצא פסול בזרעי, כמו שנאמר (פסוק טו) אשר דברתי לך, והבטחה זו הבטיח לאברהם, שנאמר (שם יז ז) להיות לך לא-להים ולזרעך אחריך:
22. Then this stone, which I have placed as a monument, shall be a house of God, and everything that You give me, I will surely tithe to You.
כב. וְהָאֶבֶן הַזֹּאת אֲשֶׁר שַׂמְתִּי מַצֵּבָה יִהְיֶה בֵּית אֱלֹהִים וְכֹל אֲשֶׁר תִּתֶּן לִי עַשֵּׂר אֲעַשְּׂרֶנּוּ לָךְ:
Then this stone: Heb. וְהָאֶבֶן הַזֹּאת, lit., and this stone. This“vav” of וְהָאֶבֶן is to be explained as follows: If You will do these things for me, I too will do this: “And this stone, which I have placed as a monument, etc.” As the Targum paraphrases: “I will worship upon it before the Lord.” And so he did when he returned from Padan-aram, when He said to him, (35:1): “Arise, go up to Beth-el.” What is stated there? (ibid. verse 14): “And Jacob erected a monument, etc., and he poured a libation upon it.” [from Mishnath Rabbi Eliezer, ch. 14]
והאבן הזאת: כך תפרש וי"ו זו של והאבן, אם תעשה לי את אלה, אף אני אעשה זאת:
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Daily Tehillim: Psalms Chapter 140 ~ 150
Chapter 140
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
Chapter 145
One who recites this psalm three times daily with absolute concentration is guaranteed a portion in the World to Come. Because of its prominence, this psalm was composed in alphabetical sequence.
1. A psalm of praise by David: I will exalt You, my God the King, and bless Your Name forever.
2. Every day I will bless You, and extol Your Name forever.
3. The Lord is great and exceedingly exalted; there is no limit to His greatness.
4. One generation to another will laud Your works, and tell of Your mighty acts.
5. I will speak of the splendor of Your glorious majesty and of Your wondrous deeds.
6. They will proclaim the might of Your awesome acts, and I will recount Your greatness.
7. They will express the remembrance of Your abounding goodness, and sing of Your righteousness.
8. The Lord is gracious and compassionate, slow to anger and of great kindness.
9. The Lord is good to all, and His mercies extend over all His works.
10. Lord, all Your works will give thanks to You, and Your pious ones will bless You.
11. They will declare the glory of Your kingdom, and tell of Your strength,
12. to make known to men His mighty acts, and the glorious majesty of His kingdom.
13. Your kingship is a kingship over all worlds, and Your dominion is throughout all generations.
14. The Lord supports all who fall, and straightens all who are bent.
15. The eyes of all look expectantly to You, and You give them their food at the proper time.
16. You open Your hand and satisfy the desire of every living thing.
17. The Lord is righteous in all His ways, and benevolent in all His deeds.
18. The Lord is close to all who call upon Him, to all who call upon Him in truth.
19. He fulfills the desire of those who fear Him, hears their cry and delivers them.
20. The Lord watches over all who love Him, and will destroy all the wicked.
21. My mouth will utter the praise of the Lord, and let all flesh bless His holy Name forever.
Chapter 146
This psalm inspires man to repent and perform good deeds while still alive. Let him not rely on mortals who are unable to help themselves, and who may suddenly pass on. Rather, one should put his trust in God, Who is capable of carrying out all He desires.
1. Praise the Lord! Praise the Lord, O my soul.
2. I will sing to the Lord with my soul; I will chant praises to my God while I yet exist.
3. Do not place your trust in nobles, nor in mortal man who has not the ability to bring deliverance.
4. When his spirit departs, he returns to his earth; on that very day, his plans come to naught.
5. Fortunate is he whose help is the God of Jacob, whose hope rests upon the Lord his God.
6. He makes the heavens, the earth, the sea, and all that is in them; He keeps His promise faithfully forever.
7. He renders justice to the oppressed; He gives food to the hungry; the Lord releases those who are bound.
8. The Lord opens the eyes of the blind; the Lord straightens those who are bowed; the Lord loves the righteous.
9. The Lord watches over the strangers; He gives strength to orphan and widow; He thwarts the way of the wicked.
10. The Lord shall reign forever, your God, O Zion, throughout all generations. Praise the Lord!
Chapter 147
This psalm recounts God's greatness, and His kindness and goodness to His creations.
1. Praise the Lord! Sing to our God for He is good; praise befits Him for He is pleasant.
2. The Lord is the rebuilder of Jerusalem; He will gather the banished of Israel.
3. He heals the broken-hearted, and bandages their wounds.
4. He counts the number of the stars; He gives a name to each of them.
5. Great is our Master and abounding in might; His understanding is beyond reckoning.
6. The Lord strengthens the humble; He casts the wicked to the ground.
7. Lift your voices to the Lord in gratitude; sing to our God with the harp.
8. He covers the heaven with clouds; He prepares rain for the earth, and makes grass grow upon the mountains.
9. He gives the animal its food, to the young ravens which cry to Him.
10. He does not desire [those who place their trust in] the strength of the horse, nor does He want those who rely upon the thighs [swiftness] of man.
11. He desires those who fear Him, those who long for His kindness.
12. Praise the Lord, O Jerusalem; Zion, extol your God.
13. For He has strengthened the bolts of your gates; He has blessed your children in your midst.
14. He has made peace within your borders; He satiates you with the finest of wheat.
15. He issues His command to the earth; swiftly does His word run.
16. He dispenses snow like fleece; He scatters frost like ashes.
17. He hurls His ice like morsels; who can withstand His cold?
18. He sends forth His word and melts them; He causes His wind to blow, and the waters flow.
19. He tells His words [Torah] to Jacob, His statutes and ordinances to Israel.
20. He has not done so for other nations, and they do not know [His] ordinances. Praise the Lord!
Chapter 148
The psalmist inspires one to praise God for His creations-above and below-all of which exist by God's might alone.
1. Praise the Lord! Praise the Lord from the heavens; praise Him in the celestial heights.
2. Praise Him, all His angels; praise Him, all His hosts.
3. Praise Him, sun and moon; praise Him, all the shining stars.
4. Praise Him, hea-ven of heavens, and the waters that are above the heavens.
5. Let them praise the Name of the Lord, for He comman-ded and they were created.
6. He has established them forever, for all time; He issued a decree, and it shall not be transgressed.
7. Praise the Lord from the earth, sea-monsters and all [that dwell in] the depths;
8. fire and hail, snow and vapor, stormy wind carrying out His command;
9. the mountains and all hills, fruit-bearing trees and all cedars;
10. the beasts and all cattle, creeping things and winged fowl;
11. kings of the earth and all nations, rulers and all judges of the land;
12. young men as well as maidens, elders with young lads.
13. Let them praise the Name of the Lord, for His Name is sublime, to Himself; its radiance [alone] is upon earth and heaven.
14. He shall raise the glory of His people, [increase] the praise of all His pious ones, the Children of Israel, the people close to Him. Praise the Lord!
Chapter 149
1. Praise the Lord! Sing to the Lord a new song, [recount] His praise in the assembly of the pious.
2. Israel will rejoice in its Maker; the children of Zion will delight in their King.
3. They will praise His Name with dancing; they will sing to Him with the drum and harp.
4. For the Lord desires His people; He will adorn the humble with salvation.
5. The pious will exult in glory; they will sing upon their beds.
6. The exaltation of God is in their throat, and a double-edged sword in their hand,
7. to bring retribution upon the nations, punishment upon the peoples;
8. to bind their kings with chains, and their nobles with iron fetters;
9. to execute upon them the prescribed judgment; it shall be a glory for all His pious ones. Praise the Lord!
Chapter 150
This psalm contains thirteen praises, alluding to the Thirteen Attributes (of Mercy) with which God conducts the world.
1. Praise the Lord! Praise God in His holiness; praise Him in the firmament of His strength.
2. Praise Him for His mighty acts; praise Him according to His abundant greatness.
3. Praise Him with the call of the shofar; praise Him with harp and lyre.
4. Praise Him with timbrel and dance; praise Him with stringed instruments and flute.
5. Praise Him with resounding cymbals; praise Him with clanging cymbals.
6. Let every soul praise the Lord. Praise the Lord!
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Saturday, Shabbat, Cheshvan 29, 5704 ~ 2 November 2013 ~~ Sunday, Cheshvan 30, 5774 ~ 3 November 2013
Tanya: Kuntres Acharon, beginning of Essay 3 & Kuntres Acharon, middle of Essay 3
Kuntres Acharon, beginning of Essay 3
In chs. 39 and 40 of Tanya the Alter Rebbe spoke of the various worlds to which souls ascend as a result of their Torah study and spiritual service. Their level in each case is determined by the individual’s intention at the time: If the study and prayer were accompanied by love and awe generated by the contemplation of G-d’s greatness, they rise to the World of Beriah, the world of comprehension; if the love and fear are merely instinctive (inasmuch as they are inherent within every Jew), then the study and prayer ascend to the World of Yetzirah, the world of the spiritual emotions.
The Alter Rebbe also stated there that the Torah and spiritual service itself ascends to the Sefirot, which are the G-dliness of the worlds.
All this, however, applies only when the Torah study and the spiritual service are motivated by a kavanah lishmah, a pure intent born of a love or awe of G-d. If, however, this intent is lacking, such as when one studies Torah out of habit, this Torah study does not ascend to the Sefirot of the worlds. For the Sefirot are the G-dliness of the world, and “without love and fear they cannot [ascend and] stand before G-d.” Such a grade of Torah study ascends only as far as the chitzoniyut (the “external” aspect) of the worlds, where the angels abide.
Concerning this the Alter Rebbe quoted R. Chayim Vital, who states1 that Torah study that is uninspired by proper intent (kavanah) creates angels in the World of Yetzirah, while commandments fulfilled without proper intent create angels in the World of Asiyah.
(“Without intent” here means without an intent that stems from love or fear of G-d; it does not mean that there was no intent at all. For, as explained by R. Levi Yitzchak Schneerson, the saintly father of the Rebbe, since angels comprise both form and matter, as the Alter Rebbe stated above, we must say that the Torah study that creates them has form and matter likewise. These are speech and intent, respectively.)
In any event, we see that Torah even without proper intent creates angels in the World of Yetzirah — and this it can do only by having risen to that world.
Now why should this be different from prayer? For prayer without proper intent remains mired below in this world. Why is it that when Torah study and prayer are performed with proper intent they both rise to the same world (whether Beriah or Yetzirah), while when they lack the proper intent, the Torah rises to Yetzirah and creates angels there, while the prayers remain below in this world?
This is the central question addressed in the following essay.
להבין מה שכתוב בשער היחודים, פרק ב׳
To understand the statement in Shaar HaYichudim, ch. 2,
Shaar HaYichudim of R. Chayim Vital (which appears in Shemoneh She’arim of current editions of the writings of the AriZal) is part of Shaar Ruach HaKodesh. The Rebbe once remarked in a talk, that the introduction to Shaar HaYichudim states that it is divided into several She’arim (Shaar HaNevuah, Shaar Ruach HaKodesh, and Shaar Tikkun Avonot). The Rebbe then noted the precision of the Alter Rebbe’s writings: In ch. 40 of Tanya he quotes a passage from Shaar HaYichudim and specifies that its source is Shaar HaNevuah, while with regard to another passage he simply cites Shaar HaYichudim.
In light of the above, clarification is needed as to why in ch. 40, when speaking of the angels that are created in the World of Yetzirah by Torah that is not studied lishmah (“for its own sake”), the Alter Rebbe cites Shaar HaNevuah, while here he cites Shaar HaYichudim.
דעל ידי תורה שלא בכוונה, נבראים מלאכים בעולם היצירה
that through Torah without proper intention, angels are created in the World of Yetzirah:
ושם הביא מהזהר, פרשת שלח, דלית קלא דאתאביד כו׳, בר קלא דאורייתא וצלותא דסליק ובקע כו׳
There [this source] quotes the Zohar, Parshat Shlach:2 “There is no voice lost [from this world], except the voice of Torah and prayer that ascends and pierces [the heavens]”; i.e., it does not remain below, but ascends.
והנה מכוונת התפלה נבראו מלאכים בעולם הבריאה, כמו מכוונת התורה
Now, through intention in prayer, angels are created in the World of Beriah, as with intention in the study of Torah.
Considering the results of one’s intent in avodah, then, prayer and Torah are thus similar: they both ascend to the same level, the World of Beriah.
ובלא כוונה, נדחית למטה לגמרי
Without proper intent, [prayer] is repelled utterly downward.
כמו שכתוב בזהר, פרשת פקודי, דף רמ״ה עמוד ב׳: גו רקיע תתאה כו׳
So it is stated in the Zohar, Parshat Pekudei, p. 245b, “Into the lowest heaven,...”
When prayer is not “as it should be,” i.e., when it is without proper intent, it is banished “into the lowest [of the heavens that govern the world].”
דאקרין צלותין פסילאן כו׳
“These [prayers] are called invalid prayers,” as the Zohar goes on to say.
ועיין שם פרשת ויקהל, דף ר״א עמוד ב׳: אי היא מלה כדקא יאות כו׳
Examine also [the Zohar,] Parshat Vayakhel, p. 201b: “If it is a seemly word...,” i.e., if a prayer is prompted by a proper intent, then the angel appointed as warden of prayers “kisses it” and elevates it.
Thus, prayer ascends only when it is propelled by a proper intent. If so, then since Torah and prayer are similar when they are performed with the proper intent, why when the proper intent is lacking is Torah still able to create angels in the World of Yetzirah, while prayer without proper intent is repelled into the lowest heaven?
FOOTNOTES
1.Shaar HaNevuah, ch. 2.
2.168b, 169a.
Kuntres Acharon, middle of Essay 3
אך ההפרש בין תורה לתפלה שלא בכוונה מובן מאליו
However, the difference between Torah and prayer without intention is self-evident.
כי לימוד התורה, הוא מבין ויודע מה שלומד, דבלאו הכי לא מיקרי לימוד כלל
For in the study of Torah without proper intent one understands and knows what he is learning, for otherwise it is not called study at all.
רק שלומד סתם, בלא כוונה לשמה מאהבת ה׳ שבלבו בבחינת גילוי
It is only that he is studying neutrally, without the intention of lishmah (“for its own sake”) out of a manifest love of G-d in his heart,
רק מאהבה המסותרת הטבעית
but only out of the latent natural love for G-d that every Jew harbors in his heart.
אך אינו לומד שלא לשמה ממש, להתגדל כו׳
On the other hand, he is not studying with an actual negative motivation, such as for self-aggrandizement or the like,
דהא לא סליק לעילא מן שמשא, כמו שכתוב בפרשת ויחי, דף רכ״ג עמוד ב׳
“for this [manner of Torah study] does not ascend higher than the sun,” as stated in [the Zohar,] Parshat Vayechi, p. 223b.
The Zohar states there that the verse,1 “What profit is there for man from all the toil that he toils under the sun,” does not refer to one’s toil in Torah study, for Torah is “loftier than the sun”; however, if this toil is undertaken “for self-aggrandizement,” it is also considered to be “under the sun,” for it does not ascend aloft.
היינו משום שמחשבתו וכוונתו הן מתלבשות באותיות הדבור, ואינן מניחות אותן לסלקא לעילא
That is because one’s thought and intent are clothed within the letters [of Torah] that he utters, and prevent them from ascending.
The ulterior motive that derives from the kelipot thus encumbers his words of Torah.
והכי נמי בתפלה שלא בכוונה, שמחשב מחשבות זרות
So, too, in prayer without intent,2 meaning that one entertains alien thoughts.
אלא מפני שכוונתו לשם שמים)
(3But since his intention is addressed to G‑d,
He is, after all, in a state of prayer, except that alien thoughts interpose.
לכך יש לה תיקון בקל, לחזור ולעלות
it is therefore easily corrected, so that [his prayer] may once again rise to the state from which it was originally repelled,
כשמתפלל בכוונה אפילו תפלה אחת מלוקטת מתפלות כל השנה
when he prays with proper intention even one [full] prayer gathered piecemeal from the prayers of the entire year.
When on one day one passage of the prayers was read with proper intent and on another day another passage, and so on, and then all these passages are gathered together, thus constituting one complete prayer from the prayers of a whole year, then all one’s prayers throughout the year are elevated.4
כמו שכתוב במקדש מלך, פרשת פקודי
Thus it is written in Mikdash Melech on Parshat Pekudei.)
We thus see that in one sense Torah without proper intent is superior to prayer without proper intent, for such Torah study creates angels in the World of Yetzirah, while prayer without proper intent is repulsed. On the other hand, when the lack of proper intent in Torah study is such that it prevents it from ascending, as in the case of studying for the sake of self-aggrandizement, then this is lower than prayer without proper intent.
For one proper prayer, or even a compilation of different prayers that add up to one prayer with proper intent, elevates all the other prayers of that year. With regard to Torah study, by contrast, even if one later studies with proper intent, this does not elevate his previous study; actual repentance is required. Until such time one’s Torah study is in exile within the kelipah which spawned his ulterior motive.
Nevertheless, since all Jews will eventually repent, for5 “No one of them will be rejected,” our Sages advise that6 “one should always study Torah and perform mitzvot even when they are not done for their own sake” — and, indeed, even if they involve an ulterior motive — for eventually he will achieve the state of lishmah, when he repents. This is explained by the Alter Rebbe at the end of ch. 39 of Tanya.
FOOTNOTES
1.Kohelet 1:3.
2.Note of the Rebbe: “The specific intent that is lacking here, is keeping in mind the meaning of the words. This, however, does not make for an ‘invalid prayer,’ inasmuch as the worshiper has the pervasive intent of praying to G-d. And this is what the Alter Rebbe goes on to specify: ‘meaning that he entertains alien thoughts.’ For these thoughts — thoughts other than those of one’s prayer — vest themselves in his speech and cause the prayers to be drawn downward.”
3.Parentheses are in the original text.
4.Note of the Rebbe: “The wording of the Zohar would appear to indicate that one would need to pray ‘one other [complete] prayer with pure intent,’ and when that ascends it elevates with it (since prayers can be gathered piecemeal together) all the previous prayers that were repelled. The commentary of the Mikdash Melech, however, states that ‘the master’ wrote that it is not necessary for all eighteen benedictions to be recited with proper intent, [as long as one full prayer with proper intent can be put together from the successful components of one’s various imperfect prayers throughout the year]. The wording of Mikdash Melech thus requires at least some examination. It would be worthwhile to compare the early editions, for there seems to be a printer’s error.”
5.II Shmuel 14:14.
6.Pesachim 50b.
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Rambam ~ Daily Mitzvah
N252 & N252
Negative Commandment 252 (Digest)
Hurtful Words to a Convert
It is forbidden to verbally distress or humiliate a convert. Such as by telling him, "Yesterday you were an idolater and now you have entered under the wings of the Divine Presence..."
The 252nd prohibition is that we are further forbidden from verbally causing emotional distress to a convert, i.e. ona'as devarim.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not wrong a convert."
In the words of the Mechilta: "The verse 'Do not wrong a convert' means doing so with your words." This prohibition is repeated a second time, in the phrase "[When a convert comes to live in your land,] do not hurt his feelings.' "
In the words of the Sifra: "You should not tell him, 'Yesterday you were an idolater and now you have entered under the wings of the Divine Presence.' "
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
FOOTNOTES
1.Ex., ibid.
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 252 (Digest)
Hurtful Words to a Convert
It is forbidden to verbally distress or humiliate a convert. Such as by telling him, "Yesterday you were an idolater and now you have entered under the wings of the Divine Presence..."
The 252nd prohibition is that we are further forbidden from verbally causing emotional distress to a convert, i.e. ona'as devarim.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not wrong a convert."
In the words of the Mechilta: "The verse 'Do not wrong a convert' means doing so with your words." This prohibition is repeated a second time, in the phrase "[When a convert comes to live in your land,] do not hurt his feelings.' "
In the words of the Sifra: "You should not tell him, 'Yesterday you were an idolater and now you have entered under the wings of the Divine Presence.' "
FOOTNOTES
1.Ex., ibid.
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- Rambam ~ 1 Chapter a day: Parah Adummah Chapter 5 & Parah Adummah Chapter 6
Chapter 5
Halacha 1
All of those involved in offering the red heifer from the beginning to the end become impure and impart impurity to their garments as long as they are involved in its being offered. This concept is derived as follows: With regard to the one who slaughters the heifer and one who casts the cedar wood into its belly, Numbers 19:7 states: "The priest shall launder his clothes and wash his flesh." And with regard to the one who burns it, ibid.:8 states: "The one who burns it shall launder his clothes," and ibid.:10 states: "The one who gathers the ashes of the heifer shall launder...."
These verses teach that all those involved in offering it from the beginning until the end impart impurity to their clothes, must immerse themselves, and wait for nightfall to regain purity according to Scriptural Law. One who guards the heifer at the time it is being offered imparts impurity to his garments according to Rabbinic Law. This is a decree lest he move one of its limbs.
Halacha 2
Whenever the Torah states with regard to impurity: "One shall launder his clothes," it does not come merely to teach that the clothes on a person are impure. Instead, it teaches that every garment or implement that this impure person will touch while he is still in contact with the object that imparted impurity to him becomes impure. After he separates himself from the object that imparted impurity to him, he does not impart impurity to his garments or to other objects.
What is implied? A person who carries an animal carcass imparts impurity to the clothes he is wearing and to any implement he touches as long as he is carrying it. They are considered as a first degree derivative of impurity. Similarly, the one who carries the animal carcass is considered as impure to the first degree. If he ceased contact with the object that imparted ritual impurity, casting away the animal carcass, he remains impure to the first degree as before. If, however, he touches an implement or a garment, he does not impart impurity to it, for a derivative of ritual impurity does not impart impurity to implements, as we explained in the beginning of this text. Similar laws apply to all types of impurity analogous to that imparted by an animal carcass.
Similarly, with regard to all those involved in offering the red heifer: If they touch a garment or an implement at the time they are slaughtering or burning the heifer, it becomes impure. After such an individual ceased the tasks involved with it, however, even though he has not yet immersed, he does not impart impurity to an implement that he touches, because he is merely a derivative of impurity.
The red heifer itself does not impart impurity to a person or to implements that touch it. It is only those involved in its offering who become impure, must immerse themselves, and impart impurity to their garments, as long as they are involved in its offering.
Halacha 3
When does the above apply? When the red heifer was burnt as prescribed. If, however, it was disqualified, those involved in offering it are pure. If a disqualifying factor occurred during its slaughter, it does not cause a person's garments to become impure. If a disqualifying factor occurs during the sprinkling of its blood, those who were involved with its offering before it was disqualified impart impurity to their garments. Those involved after its disqualification do not impart impurity to their garments.
Halacha 4
When the collection of its ashes was completed, anyone who is involved with it - i.e., with the division of its ashes or with setting them aside for safekeeping - or who touches it, is pure.
These principles do not apply to the red heifer alone, but also to all the sin-offerings of bulls and goats that are burnt. One who burns them imparts impurity to his garments while he is burning them until they are reduced to ashes. For behold, with regard to the bull and the goat burned on Yom Kippur, Leviticus 16:25 states: "The one who burns them shall launder his garments." According to the Oral Tradition, it was taught that this is a general rule applying to all those who burn sacrificial offerings, teaching that they impart impurity to their garments until the offerings are reduced to ashes.
When does the above apply? When no disqualifying factor occurred and they were burned in the ashheap as prescribed. If, however, they were disqualified in the Temple Courtyard, they are burned there like disqualified offerings and the one who burns them is ritually pure. Similarly, one who is involved with these offerings after they have been reduced to ashes does not impart impurity to his garments.
Who is considered as "one who burns" it? Anyone who helps in burning it, for example, one who turns over the meat, one who places wood upon it, one who fans the fire, one who stirs the coals so that the fire will burn, and the like. In contrast, one who kindles the flame and one who builds the arrangement are pure.
According to the Oral Tradition, it was taught that one who carries the bulls and the goats that are burnt to transport them to the ashheap to burn them is ritually impure and imparts impurity to his garments according to Scriptural Law as long as he is involved in transporting them. To regain purity, he is required to immerse himself in a mikveh and wait until nightfall like the one who sends the goat to Azazel. The latter imparts impurity to all the garments and all the implements that he touches that are on him throughout the time he is involved in sending the goat to its destination, as ibid.:26 states: "The one who sends the goat to Azazel shall launder his garments."
Halacha 5
From when do those who carry the bulls and goats that are burnt impart impurity to their garments? When they take them out of the Temple Courtyard. If they carried them with poles and some of those carrying them left the walls of the Temple Courtyard and others did not depart, those that departed impart impurity to their garments. Those who did not yet depart do not impart impurity to their garments until they depart.
If they depart and then return to the Temple Courtyard and transfer the carcasses to others, the others who carry them in the Temple Courtyard are pure until they take them out.
If a person was standing outside the Courtyard and was pulling the poles on which the carcasses were hanging from the Courtyard after they were returned there, he is considered as being impure of doubtful status, since the sacrificial animals had already been taken outside and the one pulling them was standing outside.
Halacha 6
When does the person who sends the goat to Azazel impart impurity to his garments? From the time he departs Jerusalem until he pushes the goat off the cliff to Azazel. After he pushes it off the cliff, if he touches implements or garments, they are pure.
Halacha 7
When an entity - whether a person, an implement, food, or liquid - touches the bodies of the bulls and the goats that are burnt, even after they have been taken out of the Temple Courtyard, everything is pure. Similarly, if they would touch the goat sent to Azazel itself while it is being carried there, they would be pure. For these sacrificial animals impart impurity only to one who is involved with carrying them, as indicated by Leviticus 16:28: "The one who burns them shall launder his garments." One who touches, by contrast, is pure.
Chapter 6
Halacha 1
The water upon which the ashes of the red heifer are placed must be drawn only with a container and only from a spring or flowing river, as Numbers 19:17 states: "And he shall place upon it living water in a vessel."
Placing the ashes of the heifer on the water that was drawn is called sanctification. The water on which the ashes were placed is called mei chatat and sanctified water. Scripture Numbers 19:9 refers to them as mei nidah, "sprinkling water."
Halacha 2
Everyone is acceptable to draw the water for the ashes of the red heifer, except a deafmute, an intellectually or emotionally compromised person, and a minor. Similarly, everyone is acceptable to sanctify the water except a deafmute, an intellectually or emotionally compromised person, and a minor.
One must draw such water and sanctify it only with a vessel and one may sprinkle the ashes only from a vessel. Drawing this water and sanctifying it is acceptable at night, but the sprinkling and the immersion of the hyssop in the water is acceptable only during the day. The entire day is fit for the sprinkling and this immersion.
Halacha 3
One may draw this water, sprinkle it when mixed with the ashes, and sanctify it with all vessels, even vessels made of animal turds, stone, or earth, or a ship. This applies to earthenware utensils and all other utensils. One may not, however, draw this water, sprinkle the water, or sanctify it with the walls of a vessel, the base of an earthenware distributor of water, the sealing of a jug, one's hands, an egg-shell, or a trough within a natural rock. One may, however, used an egg made by a potter, because it is considered as a vessel made from earth.
Halacha 4
We may not sanctify with the base of a wooden vessel, that of a glass vessel, or that of a bone vessel unless they were smoothed down, repaired, and made into vessels in their own right. Similarly, if the sealing of a jug was fixed to serve as a vessel, one may sanctify the water with it. An ostrich egg is acceptable for sanctification. Needless to say, it is acceptable to be used to draw this water and sprinkle from it.
Halacha 5
When a utensil was attached to the earth or to rock, even if it was attached with lime, one may sanctify in it or sprinkle from it. The following laws apply if one made a border of clay around such a container and the water in the container was filled beyond its limits until it is held within the border. If the border remains intact when the container is moved, the water in it is acceptable. It is as if it is in a container made from earth. If not, it is as if one formed a border of clay on a rock or on the earth and filled it with water. This would be unacceptable, because the water is not in a container.
Halacha 6
When an earthenware container has been perforated to the extent that water would enter it, one may not draw this water or sanctify it with it. If, however, its hole is smaller and water will leak out, but will not enter, one may sanctify with it.
Halacha 7
When a container has been perforated from below and plugged close with rags, it is invalid. The rationale is that the water in it is not resting on the base of the utensil, but on the plug. If it was perforated from the side and plugged, it is acceptable to draw this water, sanctify it, and sprinkle it using such a container.
Halacha 8
When someone splashes water from a spring with his hands or his feet or with shards, causing them to enter a barrel, the water is unacceptable to be used for a red heifer, because it was not drawn with a utensil. Even if one placed the barrel in the water and pushed the water with his hands or feet or with vegetable leaves so that it flows into the barrel, it is unacceptable. Similarly, if one submerged articles into water so that the water would rise and flow into the barrel, it is unacceptable. If one did the above with the leaves of reads or nut shells, the water is acceptable.
This is the general principle: If one uses something that is fit to contract ritual impurity to help move the water so that the container will become full, the water is unacceptable. If one used something that is not susceptible to ritual impurity, it is acceptable.
Halacha 9
If one causes a spring to flow into a vat or into a pool and then drew water with a container from that pool or vat, it is unacceptable. For at the outset, one must draw water from the spring with a container.
Halacha 10
The Great Sea is considered like a mikveh and not like a spring. Therefore water to be sanctified may not be drawn from it. Water from all of the rivers is unacceptable to be sanctified to serve as the water for the ashes of the red heifer. Other seas or lakes are like springs.
Halacha 11
Water that flows out from other seas is called running water and is unacceptable. Water flowing from a stream is considered as the stream itself and is acceptable.
Halacha 12
Spoiled springs and "lying" waters are unacceptable. The following types of springs are termed spoiled: salty springs or hot springs. "Lying" waters refer to springs that sometimes flow and sometimes, run dry and are arid. Even if they run dry only once in seven years, they are unacceptable. If, however, they run dry only in years of drought or less frequently than once in seven years, or their waters were, at times, abundant and, at times, sparse, but they do not run entirely dry, they are acceptable. When a stream is first discovered, it is deemed acceptable. There is no need to see whether it will run dry in certain years.
Halacha 13
Swamps and waters like those of the Jordan and the Yarmuch are unacceptable, because they are mixed waters. This is what is meant by the term "mixed waters": water that is fit to be sanctified that is mixed with water that is unfit. Water should not be drawn from such a mixture. When, by contrast, water that is acceptable becomes mixed with other water that is acceptable, e.g., the water of two streams become mixed and flow together, water for the ashes of a red heifer may be drawn from them.
Halacha 14
If the appearance or flavor of water changes because of itself, it is acceptable.
Halacha 15
If a shard or earth fell into a well and caused its water to become murky, one may still draw water for the ashes of a red heifer from it. It is not necessary to wait until the water clears. If a flow of rainwater falls into it, one should wait until the water becomes clear.
Halacha 16
It is acceptable to draw water for the ashes of the red heifer from an irrigation canal that brings water from a distance, since it originates in a wellspring, provided one is careful that a person does not interrupt the flow. Were that to happen, one would be drawing water that originated in a wellspring, but was interrupted; this is not acceptable.
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- Rambam ~ 3 Chapters: Mechirah Chapter Twenty Five, Mechirah Chapter Twenty Six, Mechirah Chapter Twenty Seven & Mechirah Chapter Twenty Eight, Mechirah Chapter Twenty Nine, Mechirah Chapter Thirty
Chapter Twenty Five
Halacha 1
When a person sells an entity that has appurtenances, he is not including the appurtenances in the sale unless that is explicitly stated.
What is implied? If a person sold a house, he did not sell the patio around the house, even though it opens to the house. When does the above apply? When the patio is four cubits or more wide. If it is smaller than this, it is considered to be part of the house.
Similarly, a loft that is above a house and that opens up to it through an opening in the ceiling of the house is considered to be part of the house.
Halacha 2
When a person sells a house, he is not including a room that is located behind the house in the sale. This applies even when it is included in the external borders of the property that the seller draws for the purchaser. Nor does the sale include the roof if it is four cubits wide and possesses a guardrail that is ten handbreadths high. Nor does it include a water receptacle hollowed out in the ground or a cistern that is built within a pit projecting above the ground. This applies even when he sold him the height and the depth of the property, as we have explained above.
Halacha 3
The seller must purchase a path from the purchaser in order to gain access to the water receptacle or the cistern that he retained. For when a person sells property, he sells generously.
If at the time of the original sale, the seller tells the purchaser: "I am selling you the house with the exception of the water receptacle or the cistern," he does not have to buy a path to the cistern. Similarly, when a person purchases a water receptacle or a cistern alone, the purchaser does not have to purchase a path. Instead, he may enter the seller's house and proceed as far as the cistern and fill his container.
Halacha 4
The following rules apply when there are two rooms, one inside the other: If one sold them to two separate people or gave them to two separate people, neither of the recipients has the right to make a path through the other's property. Needless to say, this applies if the original owner gave the external room away and sold the inner one.
If, however, he sold the outer room and gave away the inner room, the recipient of the inner room has the right to make a path for himself through the outer room. The rationale is that a person is more generous when he gives than when he sells.
Halacha 5
When a person sells a house, he also sells the oven, the range, the door frames that are attached with mortar, the door, the beam, the lock, but not the key. He also sells a mill that is permanently affixed in the ground, but not one that is movable. He sells the wooden base on which a mill is positioned, but not the container into which the flour descends. Nor does he sell the blocks for the feet of a bed, nor the window frames, even though they are affixed with mortar, for they are intended for decoration.
When the seller says that he is selling the house and all its contents, all of the above are also sold.
Halacha 6
When a person sells a courtyard, he includes in the sale any water reservoirs, vaults or cellars that are located in it, all the outer and inner buildings, the buildings that contain sand and the stores that open to it. The stores that do not open to it, by contrast, are not included in the sale.
If stores open both inside and outside the courtyard the following rules apply. If the majority of the activity performed within them is performed within the courtyard, they are included in its sale. If not, they are not included in the sale. Movable property located in the courtyard is not included in the sale.
When the seller says that he is selling the courtyard and all its contents, all of the above are also sold. Regardless of what he said, a bathhouse or an olive press located within are not sold.
Halacha 7
When a person sells an olive press, he includes in the sale the large stone that is affixed in the ground, upon which the olives are ground, the cedar beams that are used for support when the olives are being ground, the storage reservoirs and the storage containers in which the crushed olives are placed. These are called mafrechot. Not included in the sale is the upper millstone.
When the seller says that he is selling the olive press and all its contents, all of the above are also sold. Regardless of what he said, the blocks that are used to press the olives, the apparatus that rotates the stone, the beam, the sacks and the leather sacks used in the press are not sold.
Halacha 8
When the seller says: "I am selling you an olive press and all its accessories," all of the above are sold.
The following rules apply if there are stores outside the olive press where olives or sesame seeds are spread out. If when the seller drew the external boundaries, he included these, they are all included in the sale. If not, the purchaser acquires only what is inside the building of the press itself.
Halacha 9
When a person sells a bathhouse, included in the sale is the plank room where people sit while they are naked, the storehouse for the containers in which water is placed, the room where there are benches in the courtyard of the bathhouse where people sit when they are clothed, and the towel room in which they dry themselves. Not included in the sale are the planks, the water containers, the benches or the towels themselves.
When the seller says that he is selling the bathhouse] and all its contents, all of the above are also sold. Regardless of what he said, he did not include in the sale the pools that provide water for the bathhouse in the summer and in the winter, nor the lumber shed where wood is stored.
When the seller says: "I am selling you a bathhouse and all its accessories," all of the above are sold, even though they are located outside [the bathhouse itself.-"
Chapter Twenty Six
Halacha 1
When a person sells a town, included in the sale are the homes, the water reservoirs, vaults, cellars, bathhouses, dovecotes, olive presses, aqueducts in the town and near the town, the woods that surround the town, the fields that are known to be part of the town, the pens for wild animals, fowl and fish that face the town, even though they are distant from it. Not included in the sale is the movable property the town contains.
When the seller says that he is selling the town and all its contents, the movable propertyis also sold. Regardless of what he said, he did not include in the sale fields that are not known to be part of the town, the villages that surround it, the woods that are distant from it, its portion of a sea, its portion of dry land, or the pens for wild animals, fowl and fish that do not face the town.
Halacha 2
When a person sells a field, included in the sale are the stones that support the fence and the stones that are placed on the sheaves, for they are necessary elements of the field. Also included in the sale are the planed reeds that are placed under the vines to support them, the grain that is attached to the ground even though the time for its harvest has come, a place where reeds grow that is less than the area necessary to sow a fourth of a se'ah of grain, even though the reeds that grow there are thick and strong, the hut for the watchman which is made with mortar, even though it is not a permanent structure, a carob tree even though other trees have not been grafted upon it, wild fig trees that have not been cut down yet, even though their trunks are thick, and all the date palms it contains.
The following articles, by contrast, are not included in the sale: the stones that are not structured to support the fence, and the stones that are not placed on the sheaves, even though they are prepared for these purposes, the reeds in the vineyard that are not placed under the vines even though they have been planed, made flat and prepared for this purpose, and the grain that has been uprooted from the ground even though it still requires the field. When the seller says that he is selling the field and all its contents, these are also sold.
Halacha 3
Regardless of what the seller said, he did not include in the sale a place where reeds grow that is the size of an area necessary to sow a fourth of a se'ah of grain- even though the reeds growing in it are thin and small - a small block of spices that has a name of its own - e.g., it is called so and so's rose garden - the hut for the watchman, which is not made with mortar even though it is affixed to the ground, a carob tree upon which other trees have been grafted, and stumps of wild fig trees that have been cut down even though they are thin.
Nor is a water reservoir, a grape press or a dovecote - whether complete or destroyed - included in the sale.
Halacha 4
The seller must purchase from the purchaser a path in order to proceed to the water reservoir, grape press or dovecote that he retained in the field. If the seller explicitly said: "The field is sold with the exception of these items," he does not have to purchase a path.
Halacha 5
When do the above restrictions with regard to what is included in a sale apply? With regard to a seller, for the purchaser should have explicitly stated that these entities are being included in the sale. Since he did not make such a statement, he does not receive them.
When, however, a person gives a present, the recipient acquires all the entities mentioned above - whether a field, a house, a courtyard or an olive press - that are being transferred. The general principle is that when a person gives landed property as a present, the recipient acquires everything that is attached to it unless the giver specifies otherwise.
Halacha 6
Similarly, when brothers divide an inheritance, and one acquires a field, he acquires all the articles associated with the field. When a person takes possession of the property of a convert who dies, if he takes possession of a field, he acquires all of the above. And when a person consecrates a field, he consecrates all of the above.
Halacha 7
Even with regard to a seller and a purchaser, all the above concepts apply with regard to these matters only when there is not a fixed custom or known terms commonly used with regard to every individual article. In a place where it is customary that a person who sells a particular entity includes in the sale other particular entities, those entities are included in the sale even if they are not mentioned explicitly, for we rely on the custom.
Similarly, in a place where the term "house" refers to the house alone, or the term "house" refers not only to the house but to all of its surroundings and everything that is upon it, we follow the meaning common in that locale.
Similarly, when a person sells a courtyard, a field, a town or movable property, with regard to everything we follow the meaning of the terms that are used by all the local people.
Halacha 8
This is a fundamental principle: With regard to all matters of commerce and trade, we follow the commonly accepted meanings of the terms used by people of that place, and the local business customs. When, however, there are no local business customs or commonly accepted meanings of terms, and instead, one person will have this intent and another, another intent, we follow the guidelines explained by the Sages in these chapters.
Chapter Twenty Seven
Halacha 1
When a person sells a ship, included in the sale are the mast, the sail, its anchors, the ropes used to steer it, the ramp and the ladder with which one ascends to the ship and descends to its lower deck, and the reservoir of drinking water it contains.
Not included in the sail is the beitzit - the small boat in which one sails to land, the dugit - the small boat with which the sailors fish - the servants who work on the ship, or the sacks and the merchandise that it contains. When the seller tells the purchaser: "I am selling you a ship and everything it contains, they are all included in the sale.
Halacha 2
When a person sells a carriage, he has not sold the mules if they are not attached to it. If he sells the mules, he has not sold the carriage.
If a person sells a yoke, he does not sell the oxen. If he sells the oxen, he does not sell the yoke. This applies even in a place where, when some people say "oxen," they are referring to a yoked team.
Halacha 3
When a person sells a single yoke, he also sells the cow. When he sells a cow, he does not sell its yoke. When he sells a wagon, he sells the oxen. When he sells oxen, he has not sold the wagon.
In all these matters and the like, the price of the article is no proof of the seller's intent.'
Halacha 4
When a person sells a donkey, included in the sale are the saddlecloth and the saddle, even though they are not on the donkey. The saddle-bags and a riding seat for women are not included in the sale, even if they are on the donkey at the time of the sale.
Halacha 5
The price paid for an article is not considered to be proof of the seller's intent. If the purchaser erred with regard to a sum that one might ordinarily err, the laws of ona'ah are applied, or the transaction is nullified, as is the law with regard to any seller and purchaser. If, however, the error is inordinately greater than one would make, the transaction is not nullified. We assume that the extra money is a present that the purchaser gave the seller, and the purchaser receives merely a donkey without its saddlebags.
The same applies in all analogous situations: We do not bring proof of the seller's intent from the price.
Halacha 6
When a person sells a maid-servant, included in the sale are all the garments she is wearing, even if there are one hundred. Nevertheless, jewelry
- e.g., a bracelet, a nose ring, a finger ring or a choker worn around the neck
- are not included in the sale.
If the seller says: "I am selling you a maid-servant and everything that is upon her," even if she is wearing articles that are worth 100 maneh, they are all included in the sale.
Halacha 7
If a person tells a colleague, "I am selling you a pregnant maid-servant," or "I am selling you a pregnant cow," the fetus is sold together with the mother.
If a person tells a colleague, "I am selling you a nursing maid-servant," or "I am selling you a nursing cow," the infant or the calf is not included in the sale.
If a person tells a colleague, "I am selling you a nursing donkey, the donkey colt is included in the sale, because no one ever sells a donkey for its milk.
Halacha 8
If a person tells a colleague, "I am selling you the head of this servant," or "... of this donkey," half of the animal is included in the sale. Similar laws apply with regard to any organ on which the life of the animal depends.
If the seller tells the purchaser: "The hand of this servant..." or "the forearm of this donkey is sold to you," an evaluation is made between them. Similar laws apply with regard to any organ on which the life of the animal does not depend.
If he tells him: "I am selling you the head of this cow," only the head is included in the sale, for the head of a cow is always being sold in butcher shops.
Halacha 9
When a person sells the head of a large animal, the feet are not included in the sale. If he sells the feet, the head is not sold. If he sells the windpipe, the liver is not sold. If he sells the liver, the windpipe is not sold.
With regard to a small animal, however, different laws apply. When a person sells the head, the feet are included in the sale. If he sells the feet, the head is not sold. If he sells the windpipe, the liver is sold. If he sells the liver, the windpipe is not sold.
Halacha 10
When a person sells a water reservoir, the water is not included in the sale. When he sells a garbage dump, the garbage is included in the sale. When he sells a beehive, the bees are included in the sale. When he sells a dovecote, the doves are included in the sale.
Halacha 11
Do not let the fundamental principles governing these matters escape your eyes. These are the accepted local customs, and the commonly accepted meaning of terms for every particular entity. In a place where there is no local custom defined, and a term does not have a specific meaning that excludes a more encompassing conception, we follow these principles that were explained by our Sages, as stated previously.
Chapter Twenty Eight
Halacha 1
The following rules apply when a person tells a colleague: "I am selling you a parcel of earth fit to sow a kor." If the land contains small hollows that are ten handbreadths deep even if they do not contain water, or rocks that are ten handbreadths high, they are not included in the above measure.The rationale is that a person does not want to pay money for one parcel of land and have it appear as two or three parcels. The purchaser acquires these rocks and hollows as part of the parcel of land fit to sow a kor without paying for them.
If the hollows or the rocks are smaller than ten handbreadths, they are measured together with the remainder of the field.
Halacha 2
When does the above apply? When together, the area of all the rocks and the hollows was no more than the area necessary to sow four kabbimf and was contained within an area where at least five kabbim could be sown, and was contained within the majority of the field.
If the area of the rocks and the hollows is more than the area necessary to sow four kabbim that area is very spread out, or it is contained within a lesser area than one in which five kabbim could be sown, they are not included in the measure of the field, even if they are not ten handbreadths high or deep.
All the following situations are questions left unresolved by the Talmud: The majority of the area necessary to sow four kabbim is contained in a small portion of the field, a small portion of the area necessary to sow four kabbim is contained in the majority of the field, the rocks are in a straight line, in a circle, in a triangle, they are in the shape of a star, or in a jagged line. In all these instances, because of the doubt involved, we follow the principle: One who desires to expropriate money from a colleague must prove his contention.Similarly, if there is earth on top and a rock beneath it, or a rock on top and earth beneath it, there is an unresolved doubt among our Sages, and the above principle is followed.
Halacha 3
If there is one large rock, even if it is only as large as the area necessary to sow a quarter of a kav, it is not included in the measurement. If a rock is next to the border of a field, even if it is very small, it is not included in the measurement. If there is some earth between the rock and the boundary, there is an unresolved doubt among our Sages.
Halacha 4
When the seller tells the purchaser: "I am selling you a parcel of earth like the area fit to sow a kor" different rules apply. Even if it has hollows that are ten or more handbreadths deep or stones that are ten or more handbreadths high, they are included in its measure.
Halacha 5
When a person tells a colleague: "I am selling you a parcel of earth fit to sow a kor, as measured with a rope" the measurement must be exact. If the land is even slightly smaller, the purchaser may reduce the payment proportionally. If it is even slightly larger, the extra amount should be returned to the seller.
Halacha 6
When the seller tells the purchaser: "I am selling you a parcel of earth fit to sow a kor," it is as if he said "approximately a parcel of earth fit to sow a kor, perhaps more, perhaps less."
The following laws apply. If the measure was one twenty-fourth less - i.e., a fourth of a fcav, for each parcel of earth fit to sow a se'ah, it is considered to be within the terms of the original agreement. If the deviation is larger than that, he should calculate the amount due for all the parcels of land fit to sow a fourth of a kav that are either lacking or additional. He should deduct from the price for the entire amount that is less than the parcel of earth necessary to sow a kor or make restitution to the seller for everything that is more than that amount.
Halacha 7
How should restitution be made to the seller? If the additional amount is less than an area fit to sow nine kabbim, the purchaser should return to the seller the percentage of the price paid at the time of the sale. This is done to strengthen the position of the seller.
If the extra portion of land is located next to another field belonging to the seller, the purchaser should return the land itself. For the seller can include it with his other fields and will not suffer any loss.
If the additional amount is more than an area fit to sow nine kabbim, the purchaser should return to the seller a fourth of a kav for each parcel of earth fit to sow a se'ah. If the remainder besides these fourths of-a-kav parcels is an area fit to sow nine kabbim, the purchaser should give the seller these fourths of-a-kav parcels and the additional land. If the seller does not desire the land, the purchaser has the option of paying the seller according to the price at the time of purchase.
Halacha 8
When does the above apply? When the land was inexpensive at the time of the sale and rose in value at the time when restitution is being made. If, however, the land was expensive and decreased in value, we tell the purchaser: "If you desire, pay him for the entire additional amount, giving him the price at the time of the sale. If you desire to give him land, give it to him according to its present value."
Halacha 9
The same laws that apply to an area fit to sow nine kabbim in a field apply to an area fit to sow half a kav in a garden. If there is less than half a kav in addition to the fourths of a kav for each parcel of earth fit to sow a se'ah, the purchaser is required only to return money. If there is an additional half kav, the purchaser should pay him for all the additional fourths and the extra amount or return the land to him even if its price decreased at the time it is being returned.
Halacha 10
When a person sells a field and it becomes a garden while in the possession of the purchaser, or he sells a garden and it becomes a field while in the possession of the purchaser, there is a doubt whether the laws are determined according to its state at the time of the sale or its immediate state.
Halacha 11
When a person tells a colleague: "I am selling you a parcel of earth fit to sow a kor, as measured with a rope, perhaps more, perhaps less," or if he says: "I am selling you a parcel of earth fit to sow a kor, perhaps more, perhaps less, as measured with a rope," one should follow the less committing of the implications. The purchaser does not receive more according to the principle: "When a person desires to expropriate property from a colleague, the burden of proof is on him," whether the seller's statements imply more or less.
Halacha 12
When a person sells a colleague a parcel of land fit to sow a kor and states signs and boundaries for it that are a sixth less or a sixth more than the area fit to sow a kor, the sale is binding. If it is less than that amount by more than a sixth, the seller must subtract from the sum the purchaser pays. If the field was more than a sixth larger, the purchaser should give him either money or land as appropriate for the extra amount. If the extra amount was less than an area fit to sow nine kabbim in a field, or less than an area fit to sow half a kav in a garden and it was not located next to a field belonging to the seller, the purchaser should return the appropriate amount of money.
Halacha 13
The following rule applies when a person sells to a colleague a field with which the colleague is familiar and knows its boundaries. Even if he tells him that its measurement is 200, and in truth it is only 150 the sale is binding. For he knew the field and accepted it. By saying its measure is 200, he was stressing its importance. It is as if he had said: "It is as valuable as a field that is 200 in measure."
Halacha 14
When a person tells a colleague: "I am selling you this and this parcel of land fit to sow a kor" even though when measured, it is fit to sow only a letech, the sale is binding. For he sold him a place that was called "fit to sow a kor." For this reason, the seller must bring proof that the parcel of land is called "fit to sow a kor."
Similarly, if a person tells a colleague: "I am selling you my vineyard in this and this place," even if there are no vines on the land, the sale is binding, provided the place is described as a vineyard.
Similarly, if a person tells a colleague: "I am selling you this orchard," even if there are no pomegranates on the land, the sale is binding, provided the place is described as an orchard. Similar principles apply in all analogous situations.
Halacha 15
All the above rules apply only in a place where there is no prevailing local custom, as we have explained. When, by contrast, there is a prevailing local custom, that custom should be followed. Similarly, we follow the implied meanings of the expressions used by the majority of the local people.
Chapter Twenty Nine
Halacha 1
There are three types of individuals whose purchase is not considered a binding purchase, nor is their sale considered a binding sale according to Scriptural Law: a deaf mute, a mentally incapable or emotionally unstable individual, and a minor. Our Sages, however, ordained that a deaf mute and a minor may buy and sell in order to guarantee their livelihood.
Halacha 2
How does a deaf person buy and sell? Both a deaf mute and a deaf person who can speak may buy and sell through gestures.
This applies with regard to movable property, but not with regard to landed property. Moreover, even with regard to movable property, his deeds are not binding until he has been tested many times and the matter is considered thoroughly by the court.
Halacha 3
Different rules apply with regard to a mute who can hear but cannot speak, or someone who has lost the ability to speak. Both sales and purchases in which he engages are binding, as are the presents which he gives, whether movable property or landed property is involved, provided he is tested as one tests with regard to a bill of a divorce, or he writes instructions by hand.
Halacha 4
Neither a sale nor a purchase involving a mentally incapable or emotionally unstable individual is binding, nor are the presents he gives effective. Instead, the court must appoint a guardian for such a person, just as it appoints guardians for minors.
Halacha 5
The following rules apply when a person is at times unable to control his behavior and capable of doing so at other times - e.g., an epileptic. During the times he is capable of controlling his behavior, all of his financial undertakings are binding. He can acquire property for himself and for others like any other ordinary person. When he is not in control, his deeds are not binding.
Witnesses to a transaction must research the matter carefully - perhaps the transaction was concluded at the conclusion of a period of mental instability, or when an unstable period began.
Halacha 6
The following rules apply to a minor: Until he is six years old, he may not transfer property to others at all. From the age of six until he attains majority, he should be tested. If he possesses an understanding of the nature of financial transactions, any purchases or sales he undertakes, and any presents he gives, are binding.
This applies whether a large matter or a small matter is involved, whether he is giving a present while healthy or he is dispensing his property on his deathbed.
As we have explained, this is a Rabbinic decree, instituted so that the minor will not be forced to remain idle, without finding anyone to sell to him or buy from him. And this applies only with regard to movable property. With regard to landed property, a minor cannot sell or give property away until he attains majority.
Halacha 7
When does the above apply? With regard to a minor who does not have a guardian. If, however, the minor has a guardian, his transactions, even those involving movable property, are of no consequence unless they are approved by the guardian. If the guardian does desire to approve a purchase, a sale or a present of movable property, it is binding.
Halacha 8
We test a minor to see whether or not he possesses an understanding of the nature of financial transactions. For there are some minors who are wise and astute and understand such matters even at age seven, and there are others who do not understand financial transactions even when they reach the age of thirteen. When a minor who does not have a guardian and who possesses a good understanding of financial matters errs with regard to the appraisal of an object, the same laws that apply to an adult apply to him. If the error is less than a sixth of the value of the object, he is considered to have waived the difference. If it is a sixth, the unfair gain must be returned, and if it is more than a sixth, the transaction is nullified, as we have explained.
I maintain that a purchase or a sale of movable property in which a minor engages is not binding unless the transaction is concluded by meshichah. If, however, a minor paid money for an article and then reneged, the transaction is nullified.The minor is not required to receive the adjuration mi shepara. If, however, others renege on their commitment to him, they are required to receive the adjuration mi shepara.
Halacha 9
Similarly, if a kinyan sudar was made with a minor or the purchaser rents the place on which the movable property was located, and the minor retracted, the purchaser does not acquire the movable property.For property cannot be expropriated from a minor through legal process. And a kinyan established by a minor is of no consequence. For a kinyan depends on a legal document, and witnesses will not sign a legal document unless the parties involved are above the age of majority.
Halacha 10
Similarly, if a minor purchased movable property and sought to finalize the transaction with a kinyan sudar or by renting the place where the movable property was located, he does not acquire the movable property until he performs meshichah. The rationale is that he cannot acquire property using any of the legal processes that are used by an adult. Proof of this thesis can be drawn from the fact that a male minor does not acquire by virtue of the presence of property in his courtyard, nor by virtue of the presence of property within the radius of four cubits next to him. The rationale is that these are effective with regard to the acquisition of property, because of the principle of agency, not as an extension of his physical person, as will be explained. It is improper that a kinyan sudar and the rental of the place where property is located should be more effective than the acquisition of property by virtue of its presence in one's courtyard.
Different rules apply with regard to a female minor. She is given the right to acquire property by virtue of its presence in her courtyard, as an extension of her physical person. Therefore, she may finalize the acquisition of movable property with a kinyan sudar or by renting the place where the movable property was located.
Halacha 11
It appears to me that when a minor acquires landed property, pays its price,? and manifests possession over the property, it should remain in his possession, despite the fact that he cannot sell property. The rationale is that it is as if the minor were not in our presence. And we follow the principle: we may acquire a benefit for a person outside his presence, but we cannot cause a loss for a person outside his presence. 12. When a minor attains majority - i.e., a male over thirteen years old and a female over twelve, when they manifest signs of physical maturity - any purchase, sale or present of movable property that he or she undertakes is binding. This applies even if he or she does not possess an understanding of the nature of financial transactions.
With regard to landed property, by contrast, his deeds are not effective unless he is past majority and possesses an understanding of the nature of financial transactions.
Halacha 13
When does the above apply? With regard to his own property. With regard to landed property that he inherited from his parents or from other deceased persons, his sale of this land is not effective until he is twenty years old. This applies even though he has manifested signs of physical maturity and possesses an understanding of the nature of financial transactions. This restriction was applied lest the youth sell the land cheaply, because he is attracted by money, and he has not become settled within ordinary worldly ways.
Halacha 14
When a youth below the age of twenty gives a present of landed property - whether he gives it while healthy or as part of the distribution of his property in an oral will - it is binding. The rationale is that unless he received significant benefit, he would not have given it. Moreover, this is a rare occurrence. Our Sages said: "Let his present endure, so that his words will be heeded."
Halacha 15
When does the license for a youth to sell property inherited from his father after he reaches twenty apply? When he has manifested signs of physical maturity or manifested signs of being sterile. If, however, he did not manifest signs of physical maturity or sterility, he is still considered a minor, and a sale of landed property that he makes is not binding - even with regard to property that he acquires himself - until he reaches the age of 35.
Halacha 16
The following rule applies when a youth sells landed property - that he either purchased or inherited - and then dies, and his heirs maintain that he was a minor at the time of the sale. If they seek to have an examination made, we do not heed their desire to debase his remains. Moreover, it is questionable whether the examination would be of any value, because the appearance of these physical signs changes at the time of death. A further rationale to accept the validity of the sale is that we accept the presumption that witnesses would not sign a deed of sale unless they knew with certainty that the seller had attained majority.
Halacha 17
When a youth who is below the age of twenty sells property that he inherited, he may expropriate it from the purchaser, whether before the age of twenty or after the age of twenty.
When he expropriates the property, he may also expropriate the value of all the produce of the property that the purchaser has consumed. If the purchaser undertook expenses or planted or sowed, we evaluate the amount due him, but he must return the remainder.
This is the way my masters have ruled. I maintain that even if a minor sells property that he inherited, if he does not protest immediately after he becomes twenty, he is no longer able to protest. The rationale is that since the seller took the money, and the purchaser used the land with his consent after he attained the age of twenty without his protest, the acquisition of the property by the purchaser is confirmed, because the seller showed his appreciation of his sale.
Halacha 18
A drunken man is considered to be responsible for his actions. A sale, a purchase or a present involving him is binding. If, however, his drunken state approaches that of Lot- i.e., he is so drunk that he does not realize what he is doing - his deeds are of no consequence. It is as if he were a mentally incompetent person or a child below the age of six.
Chapter Thirty
Halacha 1
When a person sells landed property or movable property to a colleague and someone acquires the property on the purchaser's behalf without the purchaser's knowledge, the option is given to the purchaser. If the purchaser desires to acquire the property, the seller cannot retract. If the purchaser does not desire to acquire the property, the property returns to its original owner.
Therefore, a deed of sale can be written for a seller even when the purchaser is not present. The purchaser, however, is always required to pay the scribe's fee. This applies even if a person sells his field because it is of inferior quality.
Halacha 2
Similarly, when a Canaanite servant buys or sells property, or whether he gives a present or a present is given to him, the option is given to the servant's owner. If he desires to perpetuate the servant's act, the servant's acts are binding. If the master does not grant his consent, the servant's acts are nullified entirely.
The master may perpetuate or nullify the servant's act with merely a verbal statement. It is not necessary that he confirm his decision with a kinyan. 3. Similarly, when a woman sells or gives a present - whether of property belonging to her husband, property defined as nichsei tzon barzel that she brought him, property that he designated for her in her marriage contract, or property defined as nichsei m'log, whether landed property or movable property - the option is given to her husband. This ruling also applies if she purchases property or if she is given a present. If her husband desires to perpetuate the transfer, it is binding. If he desires to nullify it, it is nullified entirely.
Different rules apply when a husband sells or gives away property to which his wife shares a connection - e.g., land that she brought to him that was recorded in her marriage contract, land that he designated for her in consideration of goods she brought to the marriage, or property that he designated for her in her marriage contract. Even though the purchaser has the woman confirm her husband's deeds with a kinyan, whatever he has done is nullified, because she may rationalize her actions, stating: "I did it only to generate satisfaction for my husband."
Halacha 4
If the husband sold or gave as a present nichsei m'log, whether landed property or movable property, the option is granted the woman. If she desires to nullify the sale, shemay. If, however she confirms her husband's actions, the purchaser acquires the property.
Halacha 5
The following rule applies when a husband sells movable property that is classified to be nichsei tzon barzel or movable property that he gave his wife from his own property. Although he does not have the right to do so, if he transgresses and sells or gives away such property, it is acquired by the purchasers, and his wife may not expropriate it from them.
Similarly, the husband has the right to sell all of his property, even though it is under lien to his wife's marriage contract. If she is later granted the right to expropriate the property, she will expropriate it. This applies unless she first wrote a disclaimer for the purchaser, and confirmed it with a kinyan.
Halacha 6
When a woman sells or gives nichsei tzon barzel to her husband, he does not acquire the property. Instead, she may expropriate it from him, as explained in Hilchot Ishut.
When a court sells or purchases property on behalf of orphans - whether landed property or movable property - both the purchase and sale are binding. If, however, it gives the orphans' property away as a present, the gift is of no consequence. The rationale is that a person may not give away something that does not belong to him.
The same principles apply with regard to an orphan's guardian, whether a guardian appointed by the court or one appointed by the orphan's father before his death.
Halacha 7
When a person sells or gives away property on the Sabbath - and needless to say, on the holidays - although he is punished by stripes, his deeds are binding.
Similarly, when a person enters into a kinyan chalifin on the Sabbath, the kinyan is binding. After the Sabbath, a legal record may be composed and the property transferred.
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Hayom Yom:
- Saturday, Shabbat, Cheshvan 29, 5704 ~ 2 November 2013 ~~ Sunday, Cheshvan 30, 5774 ~ 3 November 2013
Shabbat, Cheshvan 29, 5704
Bless Rosh Chodesh Kislev. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons:
Chumash: Tol'dot, Shevi'i with Rashi.
Tehillim: 140-150.
Tanya: To return to (p. 599) ...children to Atzilut. (p. 601).
We cannot adequately describe the great merit of those who participate in the sacred avoda of saying Tehillim with a minyan, and the great pleasure this avoda causes On High, as discussed in sacred texts and in very tiny part in Kuntres Takanat Amirat Tehillim B'rabim (Koveitz Michtavim 1).1
How fortunate are you Israel, and for this may you all be blessed with proper health and with super-abundant livelihood - you, your wives, your sons and your daughters (G-d grant them eternal life.)2 In your merit may all the congregation of Israel in your communities be helped (among all our Jewish brethren) in all they need, materially and spiritually.
FOOTNOTES
1.This has appeared in English as "Saying Tehillim," Kehot, N.Y.
2.C.f. Yeshayahu 38:16; see Tamuz 13.
Shabbat, Cheshvan 29, 5704
Bless Rosh Chodesh Kislev. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons:
Chumash: Tol'dot, Shevi'i with Rashi.
Tehillim: 140-150.
Tanya: To return to (p. 599) ...children to Atzilut. (p. 601).
We cannot adequately describe the great merit of those who participate in the sacred avoda of saying Tehillim with a minyan, and the great pleasure this avoda causes On High, as discussed in sacred texts and in very tiny part in Kuntres Takanat Amirat Tehillim B'rabim (Koveitz Michtavim 1).1
How fortunate are you Israel, and for this may you all be blessed with proper health and with super-abundant livelihood - you, your wives, your sons and your daughters (G-d grant them eternal life.)2 In your merit may all the congregation of Israel in your communities be helped (among all our Jewish brethren) in all they need, materially and spiritually.
FOOTNOTES
1.This has appeared in English as "Saying Tehillim," Kehot, N.Y.
2.C.f. Yeshayahu 38:16; see Tamuz 13.
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Daily Thought:
All For Your Children
Every day, take one half hour to think about your children and where they’re headed.
Then do all you can about it.
Then do more.
Absolute Values
For mankind to exist in harmony, we must listen to the voice that Noah heard after the flood.
We must accept that there is a set of absolute values set by the Creator of the world, values that we cannot play with to suit our convenience.
Values from beyond the subjective minds of men.
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