TODAY'S LAWS & CUSTOMS:
• TORAH READING
On the Eighth Day of Passover we read Deuteronomy 15:19-16:17. Like the reading for the second day, it catalogs the annual cycle of festivals, their special observances, and the offerings brought on these occasions to the Holy Temple in Jerusalem.
The Eighth Day's special connection with the Future Redemption is reflected in the Haftorah (reading from the Prophets) for this day--Isaiah 10:32-12:6.
• YIZKOR
Yizkor, the remembrance prayer for departed parents, is recited today after the morning reading of the Torah.
Links:
The Yizkor Prayer
Honor Due to Parents
On Breavement and Mourning
• MOSHIACH'S MEAL
The last day of Passover ("Acharon Shel Pesach") is particularly associated with Moshiach and the future redemption. The Haftarah (reading from the Prophets) for this day is from Isaiah 11, which describes the promised future era of universal peace and divine perfection. Rabbi Israel Baal Shem Tov instituted the custom of partaking of a "Moshiach's meal" on the afternoon of the last day of Passover; in addition to the matzah eaten at "Moshiach's meal", the Rebbes of Chabad added the custom of drinking four cups of wine, as in the seder held on Passover's first days.
Links:
Haftarah for 8th of Passover
The Third Seder
Moshiach: an Anthology
• COUNT "EIGHT DAYS TO THE OMER" TONIGHT
Tomorrow is the eighth day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer for tomorrow's date tonight, after nightfall: "Today is eight days, which are one week and one day, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day is Shavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Chessed sheb'Gevurah -- "Kindness in Restraint"
The teachings of Kabbalah explain that there are seven "Divine Attributes" -- Sefirot -- that G-d assumes through which to relate to our existence: Chessed, Gevurah, Tifferet, Netzach, Hod, Yesod and Malchut ("Love", "Strength", "Beauty", "Victory", "Splendor", "Foundation" and "Sovereignty"). In the human being, created in the "image of G-d," the seven sefirot are mirrored in the seven "emotional attributes" of the human soul: Kindness, Restraint, Harmony, Ambition, Humility, Connection and Receptiveness. Each of the seven attributes contain elements of all seven--i.e., "Kindness in Kindness", "Restraint in Kindness", "Harmony in Kindness", etc.--making for a total of forty-nine traits. The 49-day Omer Count is thus a 49-step process of self-refinement, with each day devoted to the "rectification" and perfection of one the forty-nine "sefirot."
Links:
How to count the Omer
The deeper significance of the Omer Count
TODAY IN JEWISH HISTORY:
• ISAAC CIRCUMCISED (1713 BCE)
Eight days following his birth on the 15th of Nissan (see Jewish history for that day), Isaac was circumcised; becoming the very first child to enter the covenant with G-d on the eighth day following his birth.
Links:
Why do we have a Circumcision?
The Commandment of Circumcision, the Brit Milah
• ENCIRCLEMENT OF JERICHO BEGUN (1273 BCE)
Shortly after crossing the Jordan River and entering the Land of Canaan, the Jews set their sights on conquering the walled and heavily fortified city of Jericho. Following Joshua's instructions, on the 22nd of Nissan the Israelites encircled Jericho. The Israelites marched around the city walls, led by the priests who carried the Holy Ark, and sounded the shofar (ram's horn).
This performance was repeated for seven days. On the seventh day, the walls of the city collapsed. (see Jewish History for the 28th of Nissan).
Links:
Crossing the Jordan
Joshua 6
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Kedoshim, 3rd Portion Leviticus 19:23-19:32 with Rashi
• Chapter 19
23. When you come to the Land and you plant any food tree, you shall surely block its fruit [from use]; it shall be blocked from you [from use] for three years, not to be eaten. כג. וְכִי תָבֹאוּ אֶל הָאָרֶץ וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ שָׁלשׁ שָׁנִים יִהְיֶה לָכֶם עֲרֵלִים לֹא יֵאָכֵל:
you shall surely block…[from use]: Heb. וַעִרַלְתֶּם עָרְלָתוֹ, [lit.:] “And you shall block up its blockage,” i.e., [its fruit] shall be blocked and closed up from deriving benefit from it.
וערלתם ערלתו: ואטמתם אטימתו, יהא אטום ונסתם מליהנות ממנו:
it shall be blocked for you [from use] for three years: From when does one start counting [this three-year period]? From the time of its planting. — [Torath Kohanim 19:60] One might think that if one stores away the fruit [produced in the first three years], after the first three years have elapsed, [the fruit] will become permissible. Therefore, Scripture, says, “it shall be” -the fruit shall remain in its [forbidden] status [forever]. — [Torath Kohanim 19:62]
שלש שנים יהיה לכם ערלים: מאימתי מונה לו, משעת נטיעתו. יכול אם הצניעו, לאחר שלש שנים יהא מותר, תלמוד לומר יהיה, בהוייתו יהא:
24. And in the fourth year, all its fruit shall be holy, a praise to the Lord. כד. וּבַשָּׁנָה הָרְבִיעִת יִהְיֶה כָּל פִּרְיוֹ קֹדֶשׁ הִלּוּלִים לַיהוָֹה:
all its fruit shall be holy: Just like the second tithe, concerning which it is [also] written, “And every tithe of the Land…is holy to the Lord” (Lev. 27:30); just as the tithe may not be eaten outside the wall of Jerusalem, except after having been redeemed, so is this. — [see Torath Kohanim 19:66], and this thing is “a praise to the Lord,” for he carries it there [to Jerusalem,] to laud and give praise to Heaven.
יהיה כל פריו קדש: כמעשר שני שכתוב בו (ויקרא כז ל) וכל מעשר הארץ וגו' קדש לה'. מה מעשר שני אינו נאכל חוץ לחומת ירושלים אלא בפדיון, אף זה כן. ודבר זה הלולים לה' הוא, שנושאו שם לשבח ולהלל לשמים:
25. And in the fifth year, you may eat its fruit; [do this, in order] to increase its produce for you. I am the Lord, your God. כה. וּבַשָּׁנָה הַחֲמִישִׁת תֹּאכְלוּ אֶת פִּרְיוֹ לְהוֹסִיף לָכֶם תְּבוּאָתוֹ אֲנִי יְהוָֹה אֱלֹהֵיכֶם:
to increase its produce for you: This commandment which you will observe, will be “[in order] to increase its produce for you,” because as its reward, I will bless for you the fruits of [your] plantings. Rabbi Akiva used to say, “The Torah stated this to counter man’s evil inclination: so that a person should not say, ”For four years I suffer with this tree for nothing!“ Scripture therefore says here, ” [in order] to increase its produce for you." - [Torath Kohanim 19: 68]
להוסיף לכם תבואתו: המצוה הזאת שתשמרו תהיה להוסיף לכם תבואתו, שבשכרה אני מברך לכם פירות הנטיעות. היה רבי עקיבא אומר דברה תורה כנגד יצר הרע, שלא יאמר אדם הרי ארבע שנים אני מצטער בו חנם, לפיכך נאמר להוסיף לכם תבואתו:
I am the Lord: I am the Lord Who promises regarding this and Who is faithful to keep My promise.
אני ה': אני ה' המבטיח על כך ונאמן לשמור הבטחתי:
26. You shall not eat over the blood. You shall not act on the basis of omens or lucky hours. כו. לֹא תֹאכְלוּ עַל הַדָּם לֹא תְנַחֲשׁוּ וְלֹא תְעוֹנֵנוּ:
You shall not eat over the blood: [This verse is] expounded in many different ways in Sanhedrin (63a) [as follows]: (a) It is a warning that one must not eat from the flesh of holy sacrifices before the dashing of the blood; (b) It is a warning against [anyone] who eats from an ordinary animal before its soul [contained in its blood] has [fully] departed; and in many more [ways this verse is expounded there].
לא תאכלו על הדם: להרבה פנים נדרש בסנהדרין (סג א) אזהרה שלא יאכל מבשר קדשים לפני זריקת דמים, ואזהרה לאוכל מבהמת חולין טרם שתצא נפשה, ועוד הרבה:
You shall not act on the basis of omens: like those who interpret [the sounds or actions of] a weasel or birds as omens [for good or bad], - [Torath Kohanim 19:71; Sanh. 66a], or [like those who interpret] bread falling from his mouth or a deer crossing his path [as signs for certain things]. — [Sanh. 65b]
לא תנחשו: כגון אלו המנחשין בחולדה ובעופות, פתו נפלה מפיו, צבי הפסיקו בדרך:
You shall not act on the basis of… lucky hours: [The expression תְעוֹנְנוּ] denotes times (עוֹנוֹת) and hours, that one would say, “Such and such a day is auspicious to begin your work,” or, “Such and such an hour is unlucky to embark [on a journey].” - [Sanh. 65b]
ולא תעוננו: לשון עונות ושעות, שאומר יום פלוני יפה להתחיל מלאכה, שעה פלונית קשה לצאת
27. You shall not round off the corner of your head, and you shall not destroy the edge of your beard. כז. לֹא תַקִּפוּ פְּאַת רֹאשְׁכֶם וְלֹא תַשְׁחִית אֵת פְּאַת זְקָנֶךָ:
You shall not round off the corner of your head: This refers to someone who [cuts his hair in such a way that he] makes [the hair on] his temples even with that behind his ear and on his forehead [i.e., the front hairline], thereby causing [the hairline] surrounding his head to become a circle, since the main hairline behind the ears is at a much higher level than [the hair on] his temples. — [Mak. 20b]
לא תקפו פאת ראשכם: זה המשוה צדעיו לאחורי אזנו ולפדחתו, ונמצא הקף ראשו עגול סביב, שעל אחורי אזניו עקרי שערו למעלה מצדעיו הרבה:
the edge of your beard: [meaning:] The end of the beard and its borders. And these are five: two on each cheek at the top [edge of the cheek] near the head, where [the cheek] is broad and has two “corners” [i.e., extremities, one near the temple and the other at the end of the cheek bone towards the center of the face]-and one below, on the chin, at the point where the two cheeks join together. - [Torath Kohanim 19: 74; Mak. 20b]
פאת זקנך: סוף הזקן וגבוליו. והן חמש שתים בכל לחי ולחי למעלה אצל הראש שהוא רחב ויש בו שתי פאות, ואחת למטה בסנטרו מקום חבור שני הלחיים יחד:
28. You shall not make cuts in your flesh for a person [who died]. You shall not etch a tattoo on yourselves. I am the Lord. כח. וְשֶׂרֶט לָנֶפֶשׁ לֹא תִתְּנוּ בִּבְשַׂרְכֶם וּכְתֹבֶת קַעֲקַע לֹא תִתְּנוּ בָּכֶם אֲנִי יְהוָֹה:
You shall not make] cuts [in your flesh] for a person [who died]: This was the practice of the Amorites: to make cuts in their flesh when a person [related] to them died.
ושרט לנפש: כן דרכן של אמוריים להיות משרטין בשרם כשמת להם מת:
etch a tattoo: Heb. וּכְתֹבֶת קַעֲקַע, an inscription etched (מְחֻקֶּה) and sunken (שָׁקוּע), never to be erased, for one etches it with a needle, and it remains permanently black.
וכתבת קעקע: כתב המחוקה ושקוע שאינו נמחק לעולם שמקעקעו במחט והוא משחיר לעולם:
etched: Heb. קַעְקַע. Similar to the expression [found in the verses], “and hang (וְהוֹקַע) them” [lit., “and sink them”] (Num. 25:4), and, “and we will hang them (וְהוֹקַעְנוּם) ” [lit., “and we will sink them”] (II Sam. 21:6). They would thrust a pole into the ground, and hang the [guilty people] on it; in this way, [the ones hanged would appear as if] inserted and thrust into the ground [and thus the word קַעְקַע denoting “etched in and sunken” into the skin]; porpoynt in Old French [according to Greenberg, porpoint according to Gukovitzki].
קעקע: לשון (במדבר כה ד) והוקע אותם, (שמואל ב כא ו) והוקענום. תוחבין עץ בארץ ותולין אותם עליהם ונמצאו מחוקין ותחובין בקרקע, פורפויינ"ט בלע"ז [נעוץ]:
29. You shall not defile your daughter by making her a harlot, lest the Land fall into harlotry and the land be filled with immorality. כט. אַל תְּחַלֵּל אֶת בִּתְּךָ לְהַזְנוֹתָהּ וְלֹא תִזְנֶה הָאָרֶץ וּמָלְאָה הָאָרֶץ זִמָּה:
You shall not defile your daughter by making her a harlot: [This is speaking of] a person who hands over his unmarried daughter to have relations that are not for the purpose of marriage.[Torath Kohanim 19:77; Sanh. 76a]
אל תחלל את בתך להזנותה: במוסר בתו פנויה לביאה שלא לשם קידושין:
lest the Land fall into harlotry: Heb. וְלֹאתִזְנֶה, for if you do so, the Land itself will cause its fruits to go astray (מְזַנֶּה), producing them elsewhere and not in your Land. And thus the verse says (Jer. 3:2-3), “[and you defiled the Land with your harlotries (בִּזְנוּתַיִ) …] Therefore, the rains were withheld.” - [Torath Kohanim 19:77]
ולא תזנה הארץ: אם אתה עושה כן הארץ מזנה את פירותיה לעשותן במקום אחר ולא בארצכם. וכן הוא אומר (ירמיה ג ג) וימנעו רביבים וגו':
30. You shall observe My Sabbaths and revere My Sanctuary. I am the Lord. ל. אֶת שַׁבְּתֹתַי תִּשְׁמֹרוּ וּמִקְדָּשִׁי תִּירָאוּ אֲנִי יְהוָֹה:
And revere My Sanctuary: One may not enter [the Temple Mount] with his [walking] staff, his shoes, with his money belt, or with the dust on his feet.[Yev. 6b] And although I warn you regarding the [holiness of the] Sanctuary, [says God,] nevertheless-“You shall observe My Sabbaths”-the construction of the Sanctuary does not supersede [the laws of the] Sabbath. — [Yev. 6a].
ומקדשי תיראו: לא יכנס בהר הבית לא במקלו ולא במנעלו ובאפונדתו ובאבק שעל רגליו. ואף על פי שאני מזהירכם על המקדש, את שבתותי תשמורו אין בנין בית המקדש דוחה שבת:
31. You shall not turn to [the sorcery of] Ov or Yid'oni; you shall not seek [these and thereby] defile yourselves through them. I am the Lord, your God. לא. אַל תִּפְנוּ אֶל הָאֹבֹת וְאֶל הַיִּדְּעֹנִים אַל תְּבַקְשׁוּ לְטָמְאָה בָהֶם אֲנִי יְהוָֹה אֱלֹהֵיכֶם:
You shall not turn to [the sorcery of]: Ov or Yid’oni. This is a warning against one who practices the sorcery of Ov or Yid’oni. [And what are these forms of sorcery?] One who practices the sorcery of Ov is “Pithom the sorcerer” (see Rashi Deut. 18:11); [he communes with the dead, as it were, by raising the spirit of the dead, which then] speaks from his armpit. [And one who practices the sorcery of] Yid’oni inserts the bone of a creature called Yido’a (see Bartenura, Mishnah Kilayim 8:5) into his mouth, and the bone speaks [from there].-[Torath Kohanim 19:79; Sanh. 65b]
אל תפנו אל האבת: אזהרה לבעל אוב וידעוני. בעל אוב זה פיתום המדבר משחיו. וידעוני מכניס עצם חיה ששמה ידוע לתוך פיו והעצם מדבר:
you shall not seek: to occupy yourselves with these [types of sorcery], for if you do occupy yourselves with them, you will become defiled before Me [says God], and I will deem you abominable.
אל תבקשו: להיות עסוקים בם, שאם תעסקו בם אתם מיטמאין לפני ואני מתעב אתכם:
I am the Lord, your God: Know Whom you are exchanging for whom [i.e., you would be exchanging “the Lord, your God” for these futile sorceries]. — [Torath Kohanim 19:79]
אני ה' אלהיכם: דעו את מי אתם מחליפין במי:
32. You shall rise before a venerable person and you shall respect the elderly, and you shall fear your God. I am the Lord. לב. מִפְּנֵי שֵׂיבָה תָּקוּם וְהָדַרְתָּ פְּנֵי זָקֵן וְיָרֵאתָ מֵּאֱלֹהֶיךָ אֲנִי יְהוָֹה:
You shall rise before a venerable person: One might think [that the commandment refers to rising before] an old person, [even though he may be] guilty [of transgression]. Scripture, therefore, says, זָקֵן the term זָקֵן exclusively refers to one who has acquired wisdom [see Num. 11:16, where the same term refers to great, wise men, and therefore not guilty of transgression]. — [Torath Kohanim 19:80; Kid. 32b]
מפני שיבה תקום: יכול זקן אשמאי, תלמוד לומר זקן, אין זקן אלא שקנה חכמה:
and you shall respect the elderly: What is meant by “respecting” [the elderly]? One may not sit in his place, speak in his stead [when it is the elder’s turn to speak], or contradict him. [Since one is obligated to rise before the elderly only when the latter enters within one’s four cubits,] one might think that he may close his eyes [when the elder approaches], as if he did not see him [and thus evade the obligation to rise before him]! Therefore Scripture adds here, “and you shall fear your God,” for this matter is privately known to the one who commits it, and no one knows about it except the person himself, and, concerning any matter known only in the heart [of one person,], Scripture says, “and you shall fear your God,” [for God knows man’s thoughts]. — [Torath Kohanim 19:80; Kid. 31b, 32b]
והדרת פני זקן: איזהו הדור, לא ישב במקומו ולא ידבר במקומו ולא יסתור את דבריו. יכול יעצים עיניו כמי שלא ראהו, לכך נאמר ויראת מאלהיך, שהרי דבר זה מסור ללבו של עושהו, שאין מכיר בו אלא הוא, וכל דבר המסור ללב נאמר בו ויראת מאלהיך:
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Tehillim: Psalms Chapters 106 - 107
• Chapter 106
The psalmist continues the theme of the previous psalm, praising God for performing other miracles not mentioned previously, for "who can recount the mighty acts of God?" Were we to try, we could not mention them all!
1. Praise the Lord! Praise the Lord for He is good, for His kindness is everlasting.
2. Who can recount the mighty acts of the Lord, or proclaim all His praises?
3. Fortunate are those who preserve justice, who perform deeds of righteousness all the time.
4. Remember me, Lord, when You find favor with Your people; be mindful of me with Your deliverance;
5. to behold the prosperity of Your chosen, to rejoice in the joy of Your nation, to glory with Your inheritance.
6. We have sinned as did our fathers, we have acted perversely and wickedly.
7. Our fathers in Egypt did not contemplate Your wonders, they did not remember Your abundant kindnesses, and they rebelled by the sea, at the Sea of Reeds.
8. Yet He delivered them for the sake of His Name, to make His strength known.
9. He roared at the Sea of Reeds and it dried up; He led them through the depths, as through a desert.
10. He saved them from the hand of the enemy, and redeemed them from the hand of the foe.
11. The waters engulfed their adversaries; not one of them remained.
12. Then they believed in His words, they sang His praise.
13. They quickly forgot His deeds, they did not wait for His counsel;
14. and they lusted a craving in the desert, they tested God in the wilderness.
15. And He gave them their request, but sent emaciation into their souls.
16. They angered Moses in the camp, and Aaron, the Lord's holy one.
17. The earth opened and swallowed Dathan, and engulfed the company of Abiram;
18. and a fire burned in their assembly, a flame set the wicked ablaze.
19. They made a calf in Horeb, and bowed down to a molten image.
20. They exchanged their Glory for the likeness of a grass-eating ox.
21. They forgot God, their savior, Who had performed great deeds in Egypt,
22. wonders in the land of Ham, awesome things at the Sea of Reeds.
23. He said that He would destroy them-had not Moses His chosen one stood in the breach before Him, to turn away His wrath from destroying.
24. They despised the desirable land, they did not believe His word.
25. And they murmured in their tents, they did not heed the voice of the Lord.
26. So He raised His hand [in oath] against them, to cast them down in the wilderness,
27. to throw down their progeny among the nations, and to scatter them among the lands.
28. They joined themselves to [the idol] Baal Peor, and ate of the sacrifices to the dead;
29. they provoked Him with their doings, and a plague broke out in their midst.
30. Then Phineas arose and executed judgement, and the plague was stayed;
31. it was accounted for him as a righteous deed, through all generations, forever.
32. They angered Him at the waters of Merivah, and Moses suffered on their account;
33. for they defied His spirit, and He pronounced [an oath] with His lips.
34. They did not destroy the nations as the Lord had instructed them;
35. rather, they mingled with the nations and learned their deeds.
36. They worshipped their idols, and they became a snare for them.
37. They sacrificed their sons and daughters to demons.
38. They spilled innocent blood, the blood of their sons and daughters whom they sacrificed to the idols of Canaan; and the land became guilty with blood.
39. They were defiled by their deeds, and went astray by their actions.
40. And the Lord's wrath blazed against His people, and He abhorred His inheritance;
41. so He delivered them into the hands of nations, and their enemies ruled them.
42. Their enemies oppressed them, and they were subdued under their hand.
43. Many times did He save them, yet they were rebellious in their counsel and were impoverished by their sins.
44. But He saw their distress, when He heard their prayer;
45. and He remembered for them His covenant and He relented, in keeping with His abounding kindness,
46. and He caused them to be treated mercifully by all their captors.
47. Deliver us, Lord our God; gather us from among the nations, that we may give thanks to Your Holy Name and glory in Your praise.
48. Blessed is the Lord, the God of Israel, forever and ever. And let all the people say, "Amen! Praise the Lord!"
Chapter 107
This psalm speaks of those who are saved from four specific perilous situations(imprisonment, sickness, desert travel, and sea travel) and must thank God, for their sins caused their troubles, and only by the kindness of God were they saved. It is therefore appropriate that they praise God and tell of their salvation to all.
1. Give thanks to the Lord for He is good, for His kindness is everlasting.
2. So shall say those redeemed by the Lord, those whom He redeemed from the hand of the oppressor.
3. He gathered them from the lands-from east and from west, from north and from the sea.
4. They lost their way in the wilderness, in the wasteland; they found no inhabited city.
5. Both hungry and thirsty, their soul languished within them.
6. They cried out to the Lord in their distress; He delivered them from their afflictions.
7. He guided them in the right path to reach an inhabited city.
8. Let them give thanks to the Lord, and [proclaim] His wonders to the children of man,
9. for He has satiated a thirsting soul, and filled a hungry soul with goodness.
10. Those who sit in darkness and the shadow of death, bound in misery and chains of iron,
11. for they defied the words of God and spurned the counsel of the Most High-
12. He humbled their heart through suffering; they stumbled and there was none to help.
13. They cried out to the Lord in their distress; He saved them from their afflictions.
14. He brought them out of darkness and the shadow of death, and sundered their bonds.
15. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man,
16. for He broke the brass gates and smashed the iron bars.
17. Foolish sinners are afflicted because of their sinful ways and their wrongdoings.
18. Their soul loathes all food, and they reach the gates of death.
19. They cried out to the Lord in their distress; He saved them from their afflictions.
20. He sent forth His command and healed them; He delivered them from their graves.
21. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
22. Let them offer sacrifices of thanksgiving, and joyfully recount His deeds.
23. Those who go down to the sea in ships, who perform tasks in mighty waters;
24. they saw the works of the Lord and His wonders in the deep.
25. He spoke and caused the stormy wind to rise, and it lifted up the waves.
26. They rise to the sky, plunge to the depths; their soul melts in distress.
27. They reel and stagger like a drunkard, all their skill is to no avail.
28. They cried out to the Lord in their distress, and He brought them out from their calamity.
29. He transformed the storm into stillness, and the waves were quieted.
30. They rejoiced when they were silenced, and He led them to their destination.
31. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
32. Let them exalt Him in the congregation of the people, and praise Him in the assembly of the elders.
33. He turns rivers into desert, springs of water into parched land,
34. a fruitful land into a salt-marsh, because of the wickedness of those who inhabit it.
35. He turns a desert into a lake, and parched land into springs of water.
36. He settles the hungry there, and they establish a city of habitation.
37. They sow fields and plant vineyards which yield fruit and wheat.
38. He blesses them and they multiply greatly, and He does not decrease their cattle.
39. [If they sin,] they are diminished and cast down through oppression, misery, and sorrow.
40. He pours contempt upon distinguished men, and causes them to stray in a pathless wilderness.
41. He raises the needy from distress, and makes their families [as numerous] as flocks.
42. The upright observe this and rejoice, and all the wicked close their mouth.
43. Let him who is wise bear these in mind, and then the benevolent acts of the Lord will be understood.
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Tanya: Likutei Amarim, middle of Chapter 42
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, Nissan 22, 5774 • April 22, 2014
Likutei Amarim, middle of Chapter 42
וגם כי אין לו דמות הגוף
And although He has no bodily likeness,
How, then, can we possibly say that G d possesses an “eye” and “ear”, organs that are part of a physical body?
הרי אדרבה, הכל גלוי וידוע לפניו ביתר שאת לאין ק׳ מראיית העין ושמיעת האזן, על דרך משל
yet, on the contrary: i.e., this is the very reason that everything is revealed and known to Him infinitely more than, for example, through the physical medium of sight and hearing.
When we say that G d does not possess any bodily likeness, we mean that He is not bounded by the frailties of a physical body. A physical eye can observe corporeality, but not spirituality; it can see only when there is adequate light, and only up to a given distance, and so on. Physical hearing is likewise limited. G d’s “seeing” and “hearing”, however, possess only the merits of these faculties, but none of their physical limitations. For it goes without saying that any quality possessed by created beings is surely possessed by their Creator.
על דרך משל, כמו אדם היודע ומרגיש בעצמו כל מה שנעשה ונפעל באחד מכל רמ״ח איבריו, כמו קור או חום
By way of illustration, G d’s “seeing” and “hearing”, and the fact that everything is revealed to Him and known by Him, are like a man who knows and feels within himself all that is happening to and being experienced by each of his 248 organs, such as cold and heat,
ואפילו חום שבצפרני רגליו, על דרך משל, אם נכוה באור
feeling even the heat in his toenails, for example, as when he is scorched by fire;
וכן מהותם ועצמותם
so also their essence and substance,
I.e., not only is a person aware of all that is happening to his organs; he also feels the organs themselves.
וכל מה שמתפעל בהם יודע ומרגיש במוחו
and all that is affected1 in [ or: by] them, is known to the person and sensed in his brain.
One need not use his eyes or ears to see or hear what has happened to a limb of his body, such as the pain of a burned hand or foot, for he knows and senses it in his mind.
וכעין ידיעה זו, על דרך משל, יודע הקב״ה כל הנפעל בכל הנבראים עליונים ותחתונים, להיות כולם מושפעים ממנו יתברך, כמו שכתוב: כי ממך הכל
In a similar manner of knowledge, by way of analogy, G d knows all that befalls all created beings of both higher and lower worlds, because they all receive their flow of life from Him, as it is written:2 “For from You come all things.”
Just as the brain, which is the source of life for the whole body, knows what transpires within it, so too does G d, the Source of all life, know what is happening with all of creation.
וזה שנאמר: וגם כל היצור לא נכחד ממך
And this is the meaning of what we say:3 “...and no creature is hidden from You,” inasmuch as all created beings emanate from Him.
וכמו שכתב הרמב״ם והסכימו לזה חכמי הקבלה, כמו שכתב הרמ״ק בפרדס
And as Maimonides speaking as a philosopher has said (4and this has been agreed to by the scholars of the Kabbalah, as Rabbi Moses Cordovero writes in Pardess),
שבידיעת עצמו, כביכול, יודע כל הנבראים הנמצאים מאמיתת המצאו וכו׳
that by knowing Himself, as it were, He knows all created things, whose source of existence is His true existence.
However, G d provides creation with life in a different manner than the manner in which the soul provides life to the body. The soul must garb itself in the body in order to provide it with life. By doing so it is affected by the body (for “enclothing” implies that the clothed object undergoes a change). G d, however, is of course not subject to change when He provides life to creation. Hence:
רק שמשל זה אינו אלא לשכך את האזן, אבל באמת אין המשל דומה לנמשל כלל
This analogy of soul and body, however, is only to “calm the ear” — to make it possible for man’s ear and intellect to perceive how one may know about something without having to actually see or hear it. In truth, however, the analogy of soul and body bears no similarity at all to the analogue of G dliness and creation.
כי נפש האדם, אפילו השכלית והאלקית, היא מתפעלת ממאורעי הגוף וצערו מחמת התלבשותה ממש בנפש החיונית המלובשת בגוף ממש
For the human soul, even the rational and the divine soul, is affected by the events which transpire with the body and its pain, by reason of its (the rational and divine soul’s) being actually clothed within the vivifying soul (i.e., the soul which provides the body with physical life) which in turn is clothed in the body itself.
אבל הקב״ה אינו מתפעל, חס ושלום, ממאורעי העולם ושינוייו, ולא מהעולם עצמו
G d, however, is not (heaven forbid) affected by the events of the world and its changes, nor by the world itself,
He is not affected by the existence (the essence and being5) of the world;
שכולם אינן פועלים בו שום שינוי, חס ושלום
none of them effect any change in Him, G d forbid, nor in His absolute unity; just as He was One and Unified before He created them, so, too, does He remain One and Unified after their creation.
והנה כדי להשכיל זה היטב בשכלנו, כבר האריכו חכמי האמת בספריהם
In order to help us understand this well with our intelligence, the Scholars of Truth (i.e., the Kabbalists) have already treated it at length in their books, and an explanation will be found there.
אך כל ישראל מאמינים בני מאמינים, בלי שום חקירת שכל אנושי, ואומרים: אתה הוא עד שלא נברא העולם וכו׳
However, all Jews as descendants of the Patriarchs who believed in G d, are “believers, descendants of believers,” without any speculation of mortal intellect whatever, and they declare:6 “You were [the same] before the world was created,” and so forth,
The passage concludes: “You are [the same] since the world has been created”; thus, all Jews firmly believe that the world’s creation causes no change in G d,
כנ״ל פרק כ׳
as has been explained above in ch. 20.
FOOTNOTES
1. The Rebbe indicates in a footnote that it is incorrect to translate “all that is done to them,” namely, the effect of heat or cold on the organs. For were that to be so: (a) this has already been mentioned earlier; why repeat it again; (b) the Hebrew should have read, “nif‘al bahem,” which would translate to “done to them,” and not, “mitpa’el bahem,” which translates literally, “what is affected in them.” For this reason the phrase has been translated, “and all that is affected in them.”
Furthermore, says the Rebbe, it is possible that there is a typographical error, and that the phrase should read, מהם... — “and all that is affected by them,” i.e., all that which man as a whole is affected by the organs. For this reason the translation has alternatively been given as, “and all that is affected by them.”
This emendation parallels that which is stated a little later on, that the analogy of man’s knowledge of his organs is not at all similar to the analogue, for a person is affected by his body; G d, however, is in no way affected by changes in the world. It therefore is reasonable to assume that the analogy given here is that of the person being affected by his bodily organs, for it is in this regard that the analogue is not at all similar to the analogy.
2. I Divrei HaYamim 29:14.
3. In the Mussaf prayer of Rosh HaShanah.
4. Parentheses are in the original text.
5. Note of the Rebbe: “In line with the analogy (end of side (a) in the Hebrew text). ‘The creation’ is not part of the analogy at all, for the soul does not create the body. The Alter Rebbe therefore does not speak of it or negate it in the analogue.”
6. In the morning prayers.
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Tuesday, Nissan 22, 5774 • April 22, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 306
Taking a Mother Bird together with Her Young
"Do not take the mother [bird] together with the children"—Deuteronomy 22:6.
When we encounter a bird's nest, it is forbidden to take the mother together with the chicks.
Taking a Mother Bird together with Her Young
Negative Commandment 306
Translated by Berel Bell
The 306th prohibition is that we are forbidden from taking the entire bird's nest — the mother and the chicks — when hunting.1
The source of this prohibition is G‑d's statement,2 "You must not take the mother along with her young." This prohibition has a remedial positive commandment,3 "You must first chase away the mother." If one can no longer send her away and thereby fulfill the positive commandment — e.g. if the mother died before she could be sent away — the punishment is lashes.
The details of this mitzvah are explained in the end of tractate Chulin.4
FOOTNOTES
1.According to Kapach, 5731, note 81, the Rambam means to exclude the case where one is merely passing by and doesn't need them for food. In such a case, one should leave them alone, as the Rambam writes in Guide to the Perplexed, Part 3, Chapter 48.
2.Deut. 22:6.
3.Ibid. 22:7. See P148.
4.138ff.
________________________________________
Rambam:
• 1 Chapter: Rotseah uShmirat Nefesh Rotseah uShmirat Nefesh - Chapter Eight Rotseah uShmirat Nefesh - Chapter Eight
Halacha 1
It is a positive commandment to set aside cities of refuge, as Deuteronomy 19:2 states: "You shall set aside three cities." The practice of setting aside cities of refuge applies only in Eretz Yisrael.
Halacha 2
There were six cities of refuge. Three Moses our teacher set aside in TransJordan, and three Joshua set aside in the land of Canaan.
Halacha 3
None of the cities of refuge served as a haven until they were all set aside, as implied by Numbers 35:13: "There shall be six cities of refuge for you." And so, Moses informed us that the three cities of refuge in TransJordan did not serve as a haven until the three in the land of Canaan were set aside.
If so, why did Moses set them aside? He said: "Since a mitzvah came to my hand, I will fulfill it."
Halacha 4
In the era of the King Mashiach, three other cities will be added to these six, as Deuteronomy 19:9 states: "And you shall add three other cities to these three cities."
Where are these cities added? In the cities of the Keni, K'nizi, and the Kadmoni, concerning which a covenant was made with Abraham,but which have not yet been conquered. Concerning these cities, the Torah ibid.:8 says: "And if God, your Lord, will expand your boundaries...."
Halacha 5
The Jewish court is obligated to construct roads leading to the cities of refuge; they should be maintained and widened. Any stumbling block and obstacle should be removed from them.
On these roads neither a hill, a valley, nor a river should be left. Instead, a bridge should be built across so as not to impede a person fleeing there. This is all implied by Deuteronomy 19:3, which states: "You shall prepare the road for yourselves."
The width of the road to the city of refuge should not be less than 32 cubits. Signs stating "Refuge, refuge," should be written at intersections, so that killers would be aware of the way and turn there.
Halacha 6
Every year, on the fifteenth of Adar, the court would send out emissaries to inspect the roads leading to the cities of refuge. Wherever they found flaws, they would have them repaired. If a court was dilatory regarding this matter, it is considered as if they shed blood.
Halacha 7
When the cities of refuge were first set aside, they would measure from one city to another to determine whether they were set aside in equal measures. This is also implied by the verse: "You shall prepare the road for yourselves."
Halacha 8
The cities of refuge that are designated should not be big cities or metropolises, nor should they be small villages. Instead, they should be cities of intermediate size.
They should be located solely in trading places, where water is found. If there is no water near them, water should be diverted toward them. They should located solely in a populated area. If the surrounding populace is reduced, it should be increased. If the number of inhabitants of the city of refuge decrease, priests, Levites, and Israelites should be brought to live there.
Snares may not be set in such a city, nor may rope traps be set there, so that the blood redeemer will not come there.
Halacha 9
All of the cities of the Levites serve as a haven; each is a city of refuge. This is indicated by Numbers 35:6-7: "And in addition to them, you shall give them 42 cities. All the cities that you shall give the Levites shall be 48 in number." The verse thus established an association between them; all of them serve as havens.
Halacha 10
What then is the difference between those cities that are set aside as cities of refuge, and the other cities of the Levites?
The cities of refuge serve as havens whether one enters them with the intent of taking refuge or one enters them without that intent; since a killer enters their confines, they serve as a haven for him. The other cities of the Levites serve as a haven only when one enters with that intent in mind.
Also, a killer who lives in a designated city of refuge does not have to pay rent. If, by contrast, he lives in another one of the cities of the Levites, he must pay his landlord rent.
Halacha 11
Whenever a city serves as a haven, the surrounding area also serves as a haven.
When a tree is standing within the limits of a city of refuge and its leaves extend beyond those limits, once a killer comes below its leaves they serve as a haven for him. If a tree stands outside the limits and its leaves extend within those limits, as soon as he reaches its trunk it serves as a haven for him. If the blood redeemer kills him there, he should be executed.
Even though the surrounding area of a city serves as a haven, a killer should not dwell there, as [implied by Numbers 35:25: "He shall dwell in it," i.e., not in its surrounding area.
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Rambam:
• 3 Chapters: Shechitah Shechitah - Chapter 9, Shechitah Shechitah - Chapter 10, Shechitah Shechitah - Chapter 11
Shechitah - Chapter 9
Halacha 1
What is meant by the termpesukah?1 If the skin that covers the marrow2 of the spinal cord is severed, [the animal] is trefe. [This applies] provided the majority of the circumference [of the skin] is severed. If, however, the skin is split lengthwise or perforated, [the animal] is permitted. Similarly, if the backbone was broken, but the spinal cord was not split or the marrow within the cord was crushed and it would wobble, [the animal] is permitted because its skin is still intact.
Halacha 2
If the marrow decomposes and it can be poured like water or like molten wax to the extent that the spinal cord cannot stand when it is lifted up, [the animal] is trefe. If [the reason] it cannot stand is because of its weight, [the animal's] status is doubtful.3
Halacha 3
To where does the spinal cord extend? It begins behind the two glands at the beginning of the neck and extends until the second divider.4 Thus nothing remains after it except the third divider which is close to the beginning of the tail.
Halacha 4
There are three dividers. They are three bones that cleave to each other below the vertebrae of the backbone. The spinal cord of a fowl extend to in between the wings.5 Below these places, we are not concerned with the cord that extends there, even if its skin was severed or its marrow decays.6
Halacha 5
What is meant by the term keru'ah?7 [This concerns] the flesh which covers the majority of [the animal's] belly. If it is ripped open, the belly will [fall] out. If this flesh is ripped open, [the animal] is trefe. [This applies] even if the tear did not reach the belly itself to the extent that it is seen. Instead, since the majority of the thickness of this flesh was ripped open8 or removed, [the animal] is trefe.
What is the measure of the tear? It must be a handbreadth long. If the animal was small and the majority of the length9 of the flesh covering the belly was torn, it is trefe even though the tear is not a handbreadth long. For the majority [of its length] was torn.
Halacha 6
[The following rules apply if] a circular or oblong portion of this flesh was cut.10 If it was larger than a sela,11 i.e., large enough to fit tightly three date seeds next to each other, [the animal] is trefe. For when this size cut will be extended, it will be a handbreadth in length.12
Halacha 7
When the skin of an animal was removed from it entirely - whether it was torn off by hand or [decomposed due to] sickness - the animal is trefe. This is called geludah. If a [portion of] skin as wide as a sela remained on the entire backbone, one as wide as a sela remained on the navel, and one as wide as a sela remained on the tips of the limbs, [the animal] is permitted.13
If [a portion] as wide as a sela was removed from the entire backbone, from the navel, or from the tips of the limbs, but the remainder of the skin remained intact, there is a doubt [concerning the ruling].14 It appears to me that we permit [the animal].15
Halacha 8
What is meant by the termnefulah?16 When an animal fell from a high place - at least ten handbreadths high17 - and one of its organs was crushed, it is trefe.
To what extent must it be crushed? It must be smashed and become ailing because of the fall to the extent that its form and appearance have been destroyed. Even though [the organ] is not perforated, cracked, or broken, [the animal] is trefe. Similarly, if one struck it with a stone or a staff and crushed one of its organs, it is trefe.18
To which organs are we referring? To those in the body's inner cavity.19
Halacha 9
If an animal walks after falling from a roof, we do not suspect [that it became trefe].20 If it stood, but did not walk, we harbor such suspicions.21 If it jumped [from the roof] on its own [initiative], we do not harbor suspicions.22 If [a person] left his animal on the roof and found it on the ground, we do not suspect that it fell.23
Halacha 10
When bulls butt each other, we do not harbor suspicions.24 If one falls to the ground, we do harbor suspicions.25 Similarly, [if we see] an animal dragging its feet, we do not suspect that its organs were crushed or that its backbone was severed.26
Halacha 11
When thieves steal lambs and throw them outside the corral, we do not suspect that their organs were crushed, because they throw them only with the intent that they will not be broken.27 If they returned them and threw them back to the corral because of fear,28 we suspect that they [may have become trefe].29 If they returned them out of a desire to repent, we do not harbor suspicions about [the lambs], because [the thieves] have the intent of returning them intact and therefore they will be careful when throwing them back.
Halacha 12
When an ox was forced to lie down for slaughter, we do not suspect [that its internal organs were crushed]. [This applies] even if it fell considerably to the extent that it made a great noise30 when it was fell. [The rationale is that] it implants its hoofs into it and strengthens itself until it falls to the ground.31
Halacha 13
If one struck an animal on its head and the blow extended toward its tail or [one hit it] on its tail and the blow extended toward its head - even if one struck it on the entire backbone - we do not suspect [that it became trefe]. If the staff had bulges at different points, we harbor suspicions [concerning the animal].32 If the head of the staff reached a portion of the backbone,33 we harbor suspicions. Similarly, we harbor suspicions if he struck the animal across the breadth of the backbone.34
Halacha 14
When a fowl is knocked against a firm article,35 e.g., a heap of grain, a mound of almonds, or the like, we suspect that its organs may have been crushed. If, by contrast, it is knocked against something soft, e.g., a folded garment, straw,36, ashes, or the like, we do not harbor such suspicions.
Halacha 15
[The following rules apply when a fowl's] wings became stuck with glue37 when it was being captured and it received a blow. If only one wing became stuck, we do not suspect [that it became trefe].38 If both of its wings became stuck and it receive a blow on its body, we harbor suspicions.39
Halacha 16
[The following rules apply if] it is knocked against water.40If it swam for its full height upriver, against the current, we do not suspect [that it became trefe].41 If, however, it swims downriver, with the current, we harbor suspicions, for perhaps the water is carrying it.42 If it advances toward straw or hay that is floating on the river, it is swimming on its own power and we do not harbor suspicions.
Halacha 17
In all situations where we said: "We do not harbor suspicions," it is permitted to slaughter [the animal] immediately and it is not necessary to check whether an organ was crushed. In all situations where we said: "We harbor suspicions," if one slaughters the animal, one must check its entire internal category from the head to the hind-thigh.43 If any of the factors that render an animal trefe mentioned above were discovered or one of the inner organs was crushed to the extent that its form was destroyed, [the animal] is trefe. Even if one of the organs whose removal does not render the animal trefe,44e.g., the spleen or the kidneys, is crushed, [the animal] is trefe. [There is] an exception, the uterus; if it is crushed, the animal is permitted.
Halacha 18
[The gullet and the windpipe] do not require examination in these situations, for a fall will not crush them.
Halacha 19
When an animal fell from a roof and did not stand [afterwards],45it is forbidden to slaughter it until one waits an entire day.46 If one slaughtered it during this time, it is trefe. When one slaughters it after a day has passed, an examination is required, as we explained.47
Halacha 20
Similarly, if a person treaded on a fowl48 with his feet, an animal trampled it, or it was crushed against a wall and it is in its death throes, we leave it alive for a day. Afterwards, we slaughter it and examine it,49 as we stated.
Halacha 21
When the majority of [the windpipe and the gullet were separated50 and] hang loosely, [the animal] is trefe. [This applies] even if [this condition occurs] due to reasons other than a fall.51 Similarly, if they became folded over,52 [the animal is unacceptable,] because they are no longer fit for ritual slaughter.53 If, by contrast, [even though] the majority54 of the throat55 was set loose from the jaw-bone, [the animal] is permitted, for the throat area is not fit for ritual slaughter, as we explained.56
FOOTNOTES
1.Pesukah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means "severed."
2.We are using this term to translate the Hebrew term moach. It is a loose term that means the material inside a bone. Chullin 45b states that this marrow is no of significance with regard to the category of pesukah. Therefore the Shulchan Aruch (Yoreh De'ah 32:1) rules that if the skin is severed, even if the marrow is entirely intact, the animal is trefe.
3.And hence, forbidden. This ruling is granted because this question is left unresolved by Chullin 45b. The Kessef Mishneh quotes Rashi who explains that this is speaking about a situation where the spine has become thick and heavy, but has not become soft inside. The question is whether this state results from sickness or not.
4.See the following halachah for a definition of this term.
5.The Shulchan Aruch (Yoreh De'ah 32:5) interprets this as meaning the place where the wings are attached to the body. The Rama follows the opinion of Tosafot who state that the term refers to the place where the wings lie on the body, a point somewhat lower on the fowl's back.
6.For these portions are not fundamental for the body's functioning.
7.Keru'ah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means "ripped apart."
8.I.e., but some flesh remained. The animal is deemed trefe, because in such a condition, ultimately, the entire flesh will tear open.
The Kessef Mishneh notes that many others authorities interpret Chullin 50b, the Rambam's source, as implying that if the cut extends over the majority of the animal's belly, the animal is trefe. In his Kessef Mishneh, Rav Yosef Caro quotes the Rashba as explaining that the Rambam does not accept this approach because if so, there would be no difference between the categories of pesukah and keru'ah. The Rashba himself does not require such a distinction and instead, maintains that these categories overlap. In his Shulchan Aruch (Yoreh De'ah 48:3), he quotes the Rambam's view. The Turei Zahav 48:5 and the Siftei Cohen 48:4 mention the other positions.
9.The dissenting perspectives also maintain that the same ruling applies with regard to the majority of the breadth of the belly (Siftei Cohen 48:6).
10.The previous halachah was speaking about a slit where the flesh was not necessarily cut away. This halachah speaks about a situation where a portion of flesh was removed (Kessef Mishneh).
11.A coin of the Talmudic era with a diameter that is a third of a handbreadth, i.e., 2.6 cm. According to Shiurei Torah.
12.I.e., a sela is a little more than a third of a handbreadth. Hence the circumference of the cut is a handbreadth.
13.Chullin 55b mentions a tradition that maintains that if an animal's entire skin is removed except for a portion the size of a sela, the animal is acceptable. [For from this portion, the entire skin will be regenerated (Rashi).] The Talmud continues mentioning three views, concerning where the skin must remain. Since the matter remains unresolved and we do not know which of these views should be followed, the Rambam rules that all of the different views must be respected and a portion of skin the size of a sela must remain in each place (Kessef Mishneh).
(Significantly, in his Commentary on the Mishnah (Chullin 3:2), the Rambam mentions only the view that requires skin on the backbone and not the other opinions.)
14.This question is left unresolved by Chullin, loc. cit. Hence there is a doubt concerning the ruling.
15.Many authorities question the Rambam's ruling. Seemingly, if the question was left unresolved by the Talmud, on what basis does the Rambam permit it?
In his Kessef Mishneh, Rav Yosef Caro offers two explanations for the Rambam's ruling:
a) As the Rambam states in Chapter 5, Halachah 3, since all the categories of trefot aside from a derusah are not mentioned explicitly in the Torah, we rule leniently concerning doubts.
b) Since the skin was removed from only one of three places mentioned, there is a multiple doubt (sefek s'feikah) involved. Perhaps the place from which the skin was removed was in fact not the vital area (for the halachah could follow one of the other views). Even if it was the vital area, perhaps the fact that the skin on the remainder of the body is intact is enough for the animal to be permitted.
In his Shulchan Aruch (Yoreh De'ah 59:1), Rav Yosef Caro quotes the Rambam's ruling. The Siftei Cohen 59:2 mentions the opinions that differ with the Rambam. The Rama adds that if the skin is removed from all three places, the animal is trefe.
16.Nefulah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means "one which fell."
17.In his Kessef Mishneh, Rav Yosef Caro quotes Chullin 50b which states that this refers to a height of four handbreadths above the ground, for there are six handbreadths from the bottom of an animal's belly until the ground. He also cites this view in his Shulchan Aruch (Yoreh De'ah 58:1).
Moreover, in both those sources, Rav Yosef Caro also quotes views that state that this law applies only when the animal fell on its own or knew that it was being pushed by others. If, however, it was pushed suddenly by others, it is considered trefe even if it fell from a lesser height.
18.In this instance, the distance of ten handbreadths is not significant. Instead, if it was thrown with enough force to cause mortal damage, it can cause the animal to be rendered trefe.
19.Therefore all of those organs must be inspected (Chullin 51a). The Ra'avad states that every organ that would render the animal trefe if crushed must be inspected.
The Rama (Yoreh De'ah 58:6) writes that in the present era, we are not knowledgeable with regard to conducting these examinations and an animal that falls should be permitted only if it walks, as stated in the next halachah.
20.Walking is adequate proof that the animal was not injured by the fall to the extent that it would no longer survive. Since it walks, we assume that it is healthy and do not require an internal examination, as stated in Halachah 17. The Kessef Mishneh emphasizes that this applies only when the animal stood up on its own and then walk. If it was lifted up by others, we harbor suspicions. Similarly, he quotes authorities who maintain that it must walk in an ordinary manner. If it limps as it proceeds, an inspection is required. See Rama (Yoreh De'ah 58:6).
In his Shulchan Aruch (Yoreh De'ah 58:5), Rav Yosef Caro quotes the opinion of the Rashba who writes that even if an obvious change was seen in its organs, as long as it was able to stand and walk, we do not suspect that it has become trefe.
21.And require an inspection.
22.For we assume that it prepared itself and jumped in a manner that would not cause injury. The Shulchan Aruch (Yoreh De'ah 58:11) states that this applies even if the animal is not able to walk afterwards.
23.We assume that it jumped intentionally, as explained above.
24.We do not assume that their inner organs were crushed, because this is ordinary behavior.
25.Chullin 51a states that we harbor suspicions, not because of the butting, but because the animal fell and we fear that it was injured by the fall.
26.I.e., if we do not know that it fell.
27.Otherwise, the stolen animal will not be of any benefit to them.
28.I.e., the fear of being caught.
29.For the thieves will not show any care for the animal while throwing it back into the corral.
30.Rashi (Chullin, loc. cit.) interprets this as meaning that the ox bellowed, but this does not appear to be the Rambam's understanding.
31.I.e., it is aware that they are trying to push it to the ground and it fights against them, thus lessening the impact of its fall. The Rama (Yoreh De'ah 58:10) writes that if the ox's feet are tied when it is pushed to the ground, we do suspect that it may have become trefe. For when its feet are tied, it cannot control its fall.
32.For the blows dealt by the bulges will be far more severe. Hence the backbone must be inspected to see that it is intact. See Turei Zahav 32:4.
33.In the previous clauses, the head of the staff did not carry with the brunt of the blow, because the lower portion of the staff struck the animal's body first. Here we are speaking about a situation where the first and primary focus of the blow is delivered to the backbone by the top of the staff. This is a far more dangerous situation.
34.For the entire blow is focused on one point of the spinal cord.
35.Or conversely, if a firm article like a stone falls upon it [Rama (Yoreh De'ah 58:2)].
36.I.e., a mound of loose straw. Straw that has been bundled, by contrast, is considered as a firm article (Chullin 51b).
37.One of the techniques with which hunters would trap wild fowl would be to set traps for them which would glue their wings to boards or other articles that prevented them from flying.
38.For by flapping the other wing, it will slow its fall and lessen the impact.
39.For there is nothing to soften the blow.
40.It was snared and fell unto a river.
41.For this exertion indicates that the animal is fundamentally healthy. It is equivalent to - or exceeds - the walking mentioned in Halachah 9.
42.In a still body of water that has no current, any swimming is a sign of health (see Siftei Cohen 58:10).
43.The Shulchan Aruch (Yoreh De'ah 58:3) quotes the Rambam's ruling. As mentioned above, the Rama (Yoreh De'ah 58:6) states that in the present age, we are not knowledgeable with regard to conducting these examinations and an animal is permitted only if it walks after falling or receiving a blow.
44.The Ra'avad differs and maintains that there is an unresolved doubt with regard to the ruling in this instance. As mentioned, the Shulchan Aruch follows the Rambam's position.
The Kessef Mishneh explains the Rambam's ruling as follows: Since Chullin 51a states that if the uterus is crushed, it is not significant, we conclude that the crushing of all other internal organs is significant. Otherwise, it would not be necessary to single out the uterus. Moreover, he explains that crushing an organ can be more painful and more injurious to an animal than removing it.
45.I.e., if it stands - even if it does not walk - it can be slaughtered immediately and deemed acceptable through an examination, as above.
46.For sometimes the effects of a fall are not immediately evident. It is possible that an animal would be inspected and no difficulty found, but in truth, the effects of the fall would be enough to kill it. To reduce the possibility of such an occurrence, Chullin 51b requires waiting an entire day before slaughtering the animal. See Kessef Mishneh.
47.See Halachah 17.
48.Chullin 56a describes such a situation with regard to an animal. The Rambam speaks of a fowl instead, for this is a more commonplace possibility.
49.Lest its organs have been crushed.
50.This addition is made on the basis of the Kessef Mishneh and the Shulchan Aruch (Yoreh De'ah 33:10).
51.Nevertheless, the Rambam mentions this condition here in connection with an animal that has fallen, because this is the most frequent situation in which this condition will occur.
52.They came loose from the place where they are attached within the throat area. See Chapter 3, Halachah 14, and Chapter 8, Halachah 23.
53.The Kessef Mishneh states that the Rambam rules that the animal is unacceptable, not because it would die because of this condition, but because it is impossible to slaughter it correctly.
54.If, however, the entire throat became loose from the jaw, the animal is trefe. For the gullet and the windpipe themselves, however, must remain taut and this is impossible if the entire throat has become loose (Kessef Mishneh).
55.I.e., the area referred to by the halachic term "the entrance to the gullet."
56.Chapter 1, Halachah 6.
Shechitah - Chapter 10
Halacha 1
What is meant by the termsheburah?1 That the majority of [an animal's] ribs are broken. An animal has eleven ribs2 on either side of its body. If six were broken on one side and six on the other, or eleven were broken on one side and one on the other, [the animal] is trefe. [This applies] provided it is the half that faces the backbone3 and not the half that faces the chest.
Halacha 2
When six [ribs] were broken on either side, [the animal] is trefe [only] when they are large ribs that have marrow. If not, even though they represent the majority of the animal's ribs and they were broken facing the backbone, [the animal] is permitted.
Similarly, if the majority of the ribs were uprooted, [the animal] is trefe. [Moreover,] if even one rib is uprooted together with half of the vertebra in which it is lodged, it is trefe. Similarly, if even one vertebra was uprooted from the backbone, it is trefe, even if was a vertebra that is below the flanks where there are no ribs.
Halacha 3
[The following rules apply when] the thigh of an animal has slipped from its place and has left its socket. If its sinews, i.e., the peg-like projections from the bones of the socket which extend toward the bone that enters the socket4 and holds it have degenerated, [the animal] is trefe.5 If they have not degenerated, it is permitted.6
Halacha 4
Similarly, with regard to a fowl, if its hip is dislocated,7 it is trefe. If its wing is dislocated from its socket, we fear that it perforated the lung.8 Therefore we conduct an examination.9 Afterwards, it may be eaten. When the foreleg of an animal is dislocated from its socket, it is permitted. We do not harbor any suspicions.10
Halacha 5
When a portion of the skull of a domesticated animal or wild beast the size of a sela11 was removed, [the animal] is trefe even though the membrane was not perforated. If a skull was perforated by a number of small holes that [detract from the skull's] substance, they are all added together [to see if their combined size equals] a sela.
Halacha 6
Similarly, if the majority of the height12 and the majority of the circumference of a skull was crushed, [the animal] is trefe, even though its membrane is intact and it is not lacking any substance. If the majority of its height was crushed, but the majority of its circumference was intact or the majority of its circumference was crushed, but the majority of its height was intact, there is an unresolved doubt whether [the animal] is trefe or not.13 It appears to me that we forbid it.14
Halacha 7
When the bones of the skull of a water fowl, e.g., a goose, is perforated,15 [the fowl] is trefe even though the membrane has not been perforated. [The rationale is that] the membrane is soft.16
[The following procedure should be adhered to when] a weasel struck17 a land fowl on the head or it was struck by a stone or a piece of wood. One places his hand next to the hole and applies pressure or he inserts his hand into the fowl's mouth and applies pressure upward. If [the fowl's] brain emerged from the hole, it can be concluded that the membrane has been perforated and it is trefe. If not, it is permitted.18
Halacha 8
When an animal's blood pressure causes it to choke,19 it was affected by a black gall bladder secretion20 or a white gall bladder secretion,21 it ate a poison which kills animals, or drank fowl water, it is permitted.22 If it ate a poison that could kill a human or it was bitten by a snake or the like, it is permitted with regard to the laws of trefe, but it is forbidden because of the mortal danger [partaking of it could cause].23
Halacha 9
Thus the total number of conditions that cause a domesticated animal or a wild beast to be deemed trefe when singled out are seventy.24 They are: 1) an animal that has been attacked;24
2) the perforation of the entrance to the gullet;25
3) the perforation of the membrane of the brain;26
4) the degeneration of the brain itself;27
5) the perforation of the heart itself to its cavities;28
6) the perforation of the arteries leading from the heart;29
7) the perforation of the gall-bladder;30
8) the perforation of the arteries of the liver;31
9) the perforation of the maw;32
10) the perforation of the stomach;33
11) the perforation of the abdomen;34
12) the perforation of the gut;35
13) the perforation of the digestive organs;36
14) the digestive organs protruded outside the animal's body and became overturned;37
15) the perforation of the thick portion of the spleen;38
16) a lack of a gall-bladder;39
17) being born with two gall-bladders;40
18) a lack of a maw;
19) being born with two maws;
20) a lack of a stomach;
21) being born with two stomachs;
22) a lack of an abdomen
23) being born with abdomens;
24) a lack of a gut;
25) being born with two guts;
26) a lack of one of the digestive organs;
27) being born with an extra digestive organ;
28) the perforation of the lung;41
29) the perforation of the windpipe in a place where it is not fit for ritual slaughter;42
30) the perforation of the bronchioles of the lungs, even if it is covered by another one;43
31) a portion of the lungs has become closed;44
32) the degeneration of one of the bronchioles of the lungs;45
33) the discovery of putrid fluid in the lungs;46
34) the discovery of putrid liquid in the lungs;47
35) the discovery of murky liquid in [the lungs] even if it has not become putrid;48
36)the degeneration of the lung;49
37) a change in the lung's appearance;50
38) the reversal of the gullet's appearance;51
39) a lack of one of the required number of lobes of the lung;52
40) a change in the order of the lobes;53
41) the addition of a lobe on the back [of the lung];54
42) the attachment of one lobe to another out of the ordinary order;55
43) the discovery of a lung without division into lobes:56
44) the lack of a portion of the lung;57
45) a portion of the body of the lung is dried out;58
46) the discovery of the lung in an inflated state;59
47) a lung became shriveled because of fear of humans;60
48) the lack of a hindleg; whether from birth or because it was cut off;61
49) the possession of an extra leg;62
50) the removal of the junction of the sinews;63
51) the removal of the liver;64
52) the removal of the upper jaw-bone;65
53) a kidney that became extremely undersized;66
54) a kidney that has become afflicted;67
55) the discovery of fluid in the kidney;68
56) the discovery of murky liquid in the kidney, even if it is not putrid;69
57) the discovery of putrid liquid in the kidney;70
58) the severance of the spinal cord;71
59) the softening and degeneration of the spinal cord;72
60) the ripping open of the majority of the flesh that covers the belly;73
61) the removal of [an animal's] skin;74
62) the crushing of [an animal's] organs due to a fall;75
63) the slippage of the gullet and windpipe;76
64) the breaking of the majority of [the animal's] ribs;77
65) the uprooting of the majority of the ribs;78
66) the uprooting of one rib together with its vertebra;79
67) the uprooting of one vertebra; 80
68) the slippage of the thigh from its socket;81
69) the lack of a portion of the skull the size of a sela;82
70) the crushing and smashing of the majority of the skull;83
10 These seventy conditions of infirmity which cause a domesticated animal or a wild beast to be forbidden as a trefe were each explained together with all the particular laws. All of the possible parallels that can be found with regard to a fowl in the organs that are common to an animal and a fowl are the same with regard to an animal and a fowl. The only exceptions are the conditions that render an animal trefe in the kidneys, the spleen, and the lobes of the lung. For a fowl does not have a division of lobes like an animal does. If there is such a division, there is no fixed number. The spleen of a fowl is round like a grape and is not the same shape as that of an animal.84 [The conditions of infirmity] concerning the kidneys and the spleen [that render] an animal trefe were not mentioned in order to find parallels with regard to a fowl. Therefore no set measure was given concerning a fowl with regard to a kidney whose size was reduced. Similar concepts apply in other analogous situations.85
Halacha 11
There are two conditions that render a fowl trefe in addition to those that render an animal [trefe] despite the fact that [an animal] also possesses these organs. They are: a) a fowl whose digestive organs have changed color because of [exposure to] fire;86
b) a water fowl whose skull bone has been perforated.87
Halacha 12
One should not add to these conditions that render an animal trefe at all.88 For any condition that occurs with regard to a domesticated animal, wild beast, or fowl aside from those listed by the Sages of the early generations and which were agreed upon by the courts of Israel can possibly live. [This applies] even if it is known to us according to medical wisdom that ultimately it will not live.89
Halacha 13
Similarly, with regard to those [conditions] which [our Sages] listed as [causing an animal to be] deemed trefe even though it appears from the medical knowledge we possess that some of them will not kill and it is possible for the animal to live - we follow only what the Torah says,90 as [Deuteronomy 17:11] states: "According to the Torah in which they will instruct you."91
Halacha 14
Whenever a butcher is knowledgeable about these [conditions that cause an animal to be deemed] trefe and he has established a reputation for observance, he may slaughter [animals], inspect them himself, and sell them without any suspicion. [The rationale is the word of] one witness is accepted with regard to the Torah's prohibition whether his testimony will lead to benefit for him or not.
We already explained92 that we do not purchase meat from a butcher who slaughters and inspects [the animal] himself in the Diaspora or [even] in Eretz Yisrael in the present age unless he established a reputation as an expert. If he sold an animal that was trefe, we place him under a ban of ostracism and remove him from his position.93 He cannot reestablish his credibility until he goes to a place where his identity is not recognized and he returns a lost article that is very valuable or [slaughters an animal] for himself and declares it trefe even though it involves a significant loss.
FOOTNOTES
1.Sheburah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means "broken."
2.An animal also has several smaller ribs, but they're being broken does not impair the animal's functioning.
3.I.e., the portion close to the backbone. If the ribs are broken there, the animal's functioning can be impaired. If they are broken closer to the chest, the impairment will be less severe.
4.Speaking in analogy, the Rambam refers to this as "the male" bone.
5.The Ra'avad states that if the thigh is dislocated from its upper socket, the animal is trefe even if the sinews have not degenerated. According to the Ra'avad, the law stated by the Rambam applies when the thigh is dislocated from its lower socket. The Shulchan Aruch (Yoreh De'ah 55:2) follows the Rambam's perspective. The Rama mentions that there are opinions that maintain that in the present age, we are not knowledgeable with regard to the determination of whether the sinews have degenerated and we should rule an animal trefe whenever its thigh has dislocated. He advises following these views whenever there is not a significant loss involved.
6.Similarly, even if they have degenerated, but the bone has not slipped out of its socket, the animal is permitted. As long as the bone is in its socket, we assume that the sinews will regenerate [Maggid Mishneh; Rama (Yoreh De'ah 55:2)].
7.And the sinews have degenerated (Kessef Mishneh).
8.I.e., the dislocation of the wing is not sufficient to render the fowl trefe in its own right. Nevertheless, we fear that perhaps it perforated the lung and hence require an examination.
9.And inflate the lung [Shulchan Aruch (Yoreh De'ah 53:3)].
10.For the shoulder socket is substantial and will prevent the arm bone from perforating the lung (Kessef Mishneh). The Rama (Yoreh De'ah 52:1) quotes views that rule that an animal is trefe if its arm is broken close to its body and there are signs of internal bleeding.
11.As mentioned above, a sela is one third of a handbreadth wide. Thus its diameter is 2.6 cm according to Shiurei Torah and 3.2 cm according to Chazon Ish.
12.I.e., the majority of the portion of the skull from the eyes up (Rashi, Chullin 52b).
13.This question is left unresolved by Chullin, loc. cit.
14.The Kessef Mishneh clarifies why it is necessary for the Rambam to make this statement, seemingly, it is obvious. Whenever there is an unresolved question concerning a Torah prohibition, we rule stringently. He explains that it is possible to interpret the Talmud's question is implying that in one circumstance, when the majority of the skull's height alone is crushed or the majority of its circumference alone is crushed, the animal is kosher, but we are unsure of which one. Therefore the Rambam must clarify that because of the doubt, both situations are forbidden.
15.Even the smallest perforation can render the fowl trefe (Kessef Mishneh).
16.If it is not protected by the skull, it will most likely be perforated in the near future (Rashi, Chullin 56a).
17.The Kessef Mishneh explains that we are speaking about a situation where the weasel bit the fowl on the skull. If it struck it with its paws, the fowl is trefe, because it is a derusah, as stated in Chapter 5, Halachah 6.
18.According to the Rambam, both of these procedures are equally effective (Kessef Mishneh). The Rama (Yoreh De'ah 30:2) writes that in the present age, we are not knowledgeable with regard to this process of examination and should rule that a fowl is trefe whenever its skull is perforated.
19.Our translation is based on Rav Kapach's translation of the Rambam's Commentary to the Mishnah (Chullin 3:5).
20.Here also our translation follows the above source. Rav Kapach draws support for his interpretation from Psalms 74:1.
21.Which when is not released according to the proper measure causes the animal to become very heavy and to have difficulty moving (ibid.). It must be emphasized that other commentaries offer different interpretations of all three of these conditions.
22.In this context, the commentaries have cited Hilchot Ma'achalot Assurot 4:11: "When an animal is sick because it is weakened and is on the verge of death, it is permitted, because it did not suffer a wound in any one of the limbs and organs that will cause it to die. For the Torah forbade only those situations resembling an animal mortally wounded by a preying wild beast. In that situation, the animal wounded it with a blow that caused it to die."
23.For the poison or the venom could kill the person who partakes of the animal's meat. See Hilchot Rotzeach UShemirat Nefesh 12:1. 24. The Kessef Mishneh explains the basis for the Rambam's reckoning: Whenever a condition that causes an animal to be deemed trefe is mentioned explicitly by the Talmud, it is considered as being in a separate category even though it is a derivative of another category. For example, the degeneration of the bronchioles is considered a separate category even though it is a derivative of the category of the perforation of the bronchioles.
24.See Chapter 5, Halachah 4 ff.
25.See Chapter 6, Halachah 2.
26.See Chapter 6, Halachah 3.
27.See Chapter 6, Halachah 4.
28.See Chapter 6, Halachah 5.
29.See Chapter 6, Halachah 4.
30.See Chapter 6, Halachah 6.
31.See Chapter 6, Halachah 8.
32.See Chapter 6, Halachah 10.
33.See Chapter 6, Halachah 11.
34.See Chapter 6, Halachah 10.
35.See Chapter 6, Halachah 10.
36.See Chapter 6, Halachot 13-14.
37.See Chapter 6, Halachah 15.
38.See Chapter 6, Halachah 19.
39.This - and the instances mentioned in situations 18, 20, 22, 24, and 26 - are derived from the principle stated in Chapter 6, Halachah 20, that whenever the perforation of an organ causes an animal to be deemed trefe, the animal is also deemed trefe if that organ is lacking.
The Kessef Mishneh explains that the Rambam's mentions a lack of only those organs that an animal could exist for a brief time without. If, however, it is impossible for an animal to exist at all without these organs, e.g., the brain and the heart, it is improper to call the animal trefe. Instead a more severe term is appropriate.
40.This - and the instances mentioned in situations 19, 21, 23, 25, and 27 - are derived from the principle stated in Chapter 6, Halachah 20, that whenever an animal to be deemed trefe if organ is lacking, the animal is also deemed trefe if it possesses two of that organ.
41.See Chapter 7, Halachot 1-2.
42.This - and the instances mentioned in situations 19, 21, 23, 25, and 27 - are derived from the principle stated in Chapter 6, Halachah 20, that whenever an animal to be deemed trefe if organ is lacking, the animal is also deemed trefe if it possesses two of that organ.
43.See Chapter 7, Halachah 3.
44.See Chapter 7, Halachah 6.
45.See Chapter 7, Halachah 9.
46.See Chapter 7, Halachah 10.
47.See Chapter 7, Halachah 9.
48.See Chapter 7, Halachah 9.
49.See Chapter 7, Halachah 12.
50.See Chapter 7, Halachot 15-19.
51.See Chapter 7, Halachah 21.
52.See Chapter 8, Halachot 1-2.
53.See Chapter 8, Halachah 3.
54.See Chapter 8, Halachah 4.
55.See Chapter 8, Halachah 5.
56.See Chapter 8, Halachah 7.
57.See Chapter 8, Halachah 5.
58.See Chapter 8, Halachah 5.
59.See Chapter 8, Halachah 8.
60.See Chapter 8, Halachot 9-10.
61.See Chapter 8, Halachot 11-12.
62.See Chapter 8, Halachah 11.
63.See Chapter 8, Halachot 13, 15-18.
64.See Chapter 8, Halachot 21-22.
65.See Chapter 8, Halachah 23.
66.See Chapter 8, Halachah 26.
67.See Chapter 8, Halachah 23.
68.See Chapter 8, Halachah 23.
69.See Chapter 8, Halachah 23.
70.See Chapter 8, Halachah 23.
71.See Chapter 9, Halachah 1.
72.See Chapter 9, Halachah 2.
73.See Chapter 9, Halachot 5-6.
74.See Chapter 9, Halachah 7.
75.See Chapter 9, Halachot 8-9.
76.See Chapter 9, Halachah 21.
77.Halachah 1 of the present chapter.
78.Halachah 2 of the present chapter.
79.Halachah 1 of the present chapter.
80.Halachah 1 of the present chapter.
81.Halachah 3 of the present chapter.
82.Halachah 5 of the present chapter.
83.Halachah 5 of the present chapter.
84.Therefore the distinction between its thick and thin end that applies with regard to an animal does not apply with regard to a fowl. The Shulchan Aruch (Yoreh De'ah 43:6) rules that a perforation of the spleen does not render a fowl trefe. The Siftei Cohen 43:10, however, quotes opinions that rule that a perforation does render it trefe.
85.I.e., other factors concerning a kidney which render an animal trefe, as mentioned in Chapter 8, Halachah 26. The Shulchan Aruch (Yoreh De'ah 44:10) states bluntly: "There are no factors involving the kidneys of a fowl that render it trefe."
86.See Chapter 7, Halachot 20-21. An animal will not be affected in this way, because his ribs will protect him and the skin of his digestive organs are stronger than that of a fowl. The Ra'avad differs and states that if an animal is subjected to heat and it burns its internal organs to this degree, it will surely die immediately. Therefore, our Sages did not mention it as a trefe. The Kessef Mishneh notes that there are two other conditions that render a fowl trefe. They involve perforations in the stomachs. Since parallel - albeit not identical - conditions apply with regard to an animal, the Rambam does not list them as separate categories.
87.See Halachah 7 of this chapter. This stringency applies only to a water fowl, because its membrane is very soft.
88.Chullin 54a makes this statement, implying that in the Talmudic era, these rulings were already established.
89.Kin'at Eliyahu cites Hilchot Kiddush HaChodesh 17:24 which states:
Nevertheless, since these concepts can be proven in an unshakable manner, leaving no room for question, the identity of the author, be he a prophet or a gentile, is of no concern. For when the rationale of a matter has been revealed and has proven truth..., we do not rely on [the personal authority of] the individual who made the statement... but on the proofs he presented.
From that perspective, it would appear that the empirical evidence with which science presents us should be followed. Nevertheless, in this source, the Rambam is very adamant in following the Rabbinic perspective. See Chapter 8, Halachah 25, as a clear example.
90.The Rama (Yoreh De'ah 57:18) states that even if the animal survives for over a year, it is still deemed trefe and it is forbidden to partake of it.
91.Kin'at Eliyahu cites Hilchot Kiddush HaChodesh 17:24 which states:
Nevertheless, since these concepts can be proven in an unshakable manner, leaving no room for question, the identity of the author, be he a prophet or a gentile, is of no concern. For when the rationale of a matter has been revealed and has proven truth..., we do not rely on [the personal authority of] the individual who made the statement... but on the proofs he presented.
From that perspective, it would appear that the empirical evidence with which science presents us should be followed. Nevertheless, in this source, the Rambam is very adamant in following the Rabbinic perspective. See Chapter 8, Halachah 25, as a clear example.
92.Hilchot Ma'achalot Assurot 8:7-9.
93.The Maggid Mishneh writes that although he is not permitted to sell meat on his own, he is permitted to sell under the supervision of a trustworthy expert.
The Rama (Yoreh De'ah 2:2) rules leniently concerning this manner and allows such a person to continue slaughtering in certain situations. The Siftei Cohen 2:11 questions this leniency.
Shechitah - Chapter 11
Halacha 1
[The following principles apply] whenever a situation arises that creates a doubt that an animal or fowl should be deemed trefe because of one of the above conditions - e.g., an animal that fell and did not walk, it was attacked by a wild beast and we do not know whether the flesh near the intestines turned red or not, its skull was crushed and we do not know if the majority of the skull was crushed or not, or other similar circumstances: If the animal was male and it remained alive for twelve months, we operate on the assumption that it is intact like all other animals. If it was female, [we wait] until it gives birth.1
With regard to a fowl: If it is male, [we wait] twelve months. If it is female, [we wait] until it lays all the eggs that it is carrying, spawns a new load, and lays them.
Halacha 2
During this course of time, it is forbidden to sell an animal concerning which doubt has arisen whether it is a trefe to a gentile lest he sell it to a Jew.2
Halacha 3
We operate under the presumption that all domesticated animals, wild beasts, or fowl are healthy3 and we do not suspect that they possess conditions that would render them trefe. Therefore when they are slaughtered in the proper manner, they do not require an examination to see whether they possess a condition that would render them trefe. Instead, we operate under the presumption that they are permitted unless a situation arises that arouses suspicion.4 Afterwards, we inspect it with regard to that condition alone.
Halacha 4
What is implied? For example if the wing of a fowl is displaced, we check the lung to see if it was perforated.5 If an animal fell, we check it to see if its organs were crushed.6 If the skull was crushed, we check the membrane of the brain to see if it was perforated.7 If it was struck by a thorn or shot by an arrow, a javelin, or the like and it entered its inner cavity, our suspicions are aroused and we require an inspection of the entire inner cavity lest it have perforated one of the organs whose perforation renders an animal trefe. Similar laws apply in all analogous situations.
Halacha 5
Therefore when there are growths on a lung or sirchos upon it - i.e., strands or adhesions - hanging from it to the ribcage, the heart, or the diaphragm, we suspect that it was perforated and require an inspection.8 Similarly, if a swelling was found that contained fluid, we fear that a bronchiole below it was perforated and [the lung] must be inspected.9
Halacha 6
[Following the logic] of this law, [the following rules] would apply if it was discovered that sirchos like strands were hanging from the lung, whether they extended from the body of the lung to the ribcage or to the heart or to the diaphragm. We cut the sirchah, take out the lung, and [place it] in lukewarm water, and blow it up.10 If it is discovered to be perforated,11 [the animal] is trefe. If the water does not bubble, it is intact, without any perforations, and [the animal] is permitted. For [the sirchah] was not at the place of a perforation12 or perhaps only the outer membrane [of the lung] was perforated. Nevertheless, I never saw anyone who ruled in this manner, nor did I hear of a place that follows such practice.13
Halacha 7
Even though this is what appears [to be the ruling] from the words of the Sages of the Gemara, the widespread custom among the Jewish people is as follows: When a domesticated animal or a wild beast is slaughtered, we tear open the diaphragm and check the lung in its place.14 If a sirchah is not discovered hanging between the one of the lobes and the flesh where it lies, whether on the flesh that is between the ribs or the flesh on the breastbone,15 or a sirchah was found, extending from one lobe to the other in order,16 or from the body of the lung to the lobe which is next to it,17 we permit [the animal].18
Halacha 8
If a strand is discovered leading from the lung to any place which it is extended, even if it is thin as a hair, we forbid [the animal].19
Halacha 9
Similarly, if there was a strand extending from the lung to the heart, the diaphragm, the protective covering of the heart, or the rose,20 we forbid [the animal]. [This applies] whether the strand came from the body of the lung or whether it came from a lobe and [applies regardless of its size], even if it was a hairsbreadth.21
Similarly, when the rose is attached to its pocket or a strand extends from it to its pocket, we forbid it. And when a strand extends from lobe to lobe in improper order, we forbid [the animal].22
Halacha 10
There are places where the custom is that if a sirchah is from the lobe to the flesh and the bones of the ribs and the sirchah is attached to both of them, they forbid it.23 My father and teacher is from those who forbid it. I, by contrast, am one of those who permit it.24 In a small number of places, they permit it even when it is attached to the bone alone, and I forbid it.25
Halacha 11
There are places where a lung is [always] blown up to see whether or not it is perforated. In most places, however, it is not blown up, because there is no factor that raised a suspicion [concerning it]. In Spain and in the West, we never blew up a lung unless there was a factor that caused suspicion.26
Halacha 12
All of these factors27 are not dictated by law, but rather are a result of custom, as we explained.28 I never heard of anyone who had a fowl's lung changed unless a factor that raised suspicions arose.29
Halacha 13
If, [after] a person slaughtered an animal and cut open its belly, a dog or a gentile came, took the lung, and departed before [the slaughterer] checked the lung, [the animal] is permitted. We do not say that perhaps it was perforated or perhaps it was attached [to the bone], for we do not presume that [an animal] was forbidden.30 Instead, we operate under the presumption that the animal is kosher unless we know what factor caused it to become trefe. Just like we do not suspect that the membrane of the brain was perforated, the backbone [was severed], or the like, we do not raise suspicions over a lung that has been lost. There are no customs regarding such a situation, because customs are not instituted with regard to factors that are not commonplace.
Halacha 14
If a gentile or a Jew comes and takes out a lung before the lung was inspected, but the lung [still] exists, we blow it up.31 [This applies] even if we do not know whether there were growths or not, because of the widespread custom.
15 There are places who rule that we forbid [an animal] if there are sirchot hanging from the lung, even if they are not attached to the chest or to another place. This practice causes great loss and the forfeit of Jewish money. This was never the custom in France or in Spain and it was never heard in the West. It is not proper to follow this custom. Instead, all that is necessary is to blow up [the lung]. If it is discovered to be intact without a perforation, [the animal] is permitted.32
FOOTNOTES
1.I.e., if it gives birth successfully, that is a sign that it is intact. There is no need for an inspection or waiting twelve months. Even the Rama who maintains that in the present age, we are not knowledgeable with regard to inspections will consider an animal acceptable if it lives this amount of time (Yoreh De'ah 57:18).
2.Without informing him of the doubt involved.
The Rama quotes the Sha'arei Dura who writes that if a condition that renders an animal trefe is obvious, we permit its sale to a gentile. For a Jew who seeks to purchase it will immediately become aware of the difficulty.
The Rama also mentions the ruling of the Terumat HaDeshen that if there is merely a question of whether an animal is trefe, it may be sold to a gentile. The Siftei Cohen 57:51 accepts this leniency only with regard to an animal regarding which there is a question whether or not it was attacked, but not with regard to other conditions.
3.Chullin 11b explains that this is based on the principle that we follow the majority. Since most animals are healthy we assume that this is an animal's condition unless there is reason to suspect otherwise. Note, however, Halachah 7.
4.Based on Chullin 51a, the Kessef Mishneh goes further and states that even if the animal possesses a condition that is somewhat problematic, if we can find a commonplace explanation for it that will not render an animal trefe and the factor that will render it trefe is uncommon, we do not require an examination.
5.See Chapter 10, Halachah 4.
6.See Chapter 9, Halachah 17.
7.See Chapter 10, Halachah 7.
8.I.e., the strands and similarly, the other conditions the Rambam proceeds to mention, are abnormal factors that lead us to the supposition that there was a perforation in the lung. See Chapter 7, Halachot 5-11 that mention several situations of this nature.
9.The Ra'avad objects to the Rambam's ruling, maintaining that even if the swelling is an indication that the bronchiole has been perforated, that does not disqualify the animal, for it is possible that it is sealed by flesh. The Radbaz explains that the Rambam would also accept that ruling and one of the points that one must inspect is whether there is flesh under the swelling or not.
10.See Chapter 7, Halachah 8. As mentioned in the notes to that halachah, there is a difference of opinion among the Rishonim concerning this issue.
The Ra'avad also mentions that the Rambam's ruling here appears to contradict his ruling in Chapter 7, Halachah 5. For there, the Rambam differentiates between whether or not there is a bruise on the chest, and there he does not speak of inspecting the lung in warm water. In a lengthy discussion in his gloss to Chapter 7, the Kessef Mishneh explains that there is no contradiction between the two rulings.
11.I.e., if the water bubbles.
12.There is a difference of opinion among the halachic authorities if this situation is possible or not.
13.I.e., as the Rambam proceeds to explain in the following halachah, the common custom is more stringent.
14.See the Shulchan Aruch (Yoreh De'ah 39:1) which states that we must check the lungs for sirchot and concludes: "Whoever breaks ranks and eats without checking [the lung] should be bitten by a snake."
15.For as stated in Chapter 7, Halachot 3-4, even a perforation found in this place does not render the animal trefe.
16.For as stated in Chapter 8, Halachah 5, an adhesion of such a type does not render the animal trefe.
17.See the notes to Halachah 9. Depending on the version of that text, the Rambam's ruling concerning this matter may be questioned.
18.The Rama 39:18 writes that it is common custom in the Ashkenazic community to rule that all sirchot in the lung cause an animal to be deemed forbidden except those extending from a lobe to the lobe next to it or those from the body of the lung to the lobe next to it. He does, however, permit leniency if it is possible to rub out the sirchah and then examine it to see that there is no perforation.
19.I.e., except to the lobe that is near it (Radbaz).
20.See Chapter 8, Halachah 1, which explains that this is a tiny lobe found on the right side of the lung.
21.For we fear that it will cause a perforation in the lung. See the gloss of the Radbaz to Halachah 6.
22.The text of the Mishneh Torah which the Ra'avad had seemed to apply that even a strand extending from the body of the lung to the lobe is unacceptable. The Ra'avad therefore protests and maintains it is acceptable. The Migdal Oz states that he also saw texts of the Mishneh Torah with this version, but that the authoritative manuscripts do not follow that reading. This is also the position of the Kessef Mishneh.
23.If the sirchah is attached to the flesh alone, it does not cause an animal to be considered trefe (see Chapter 7, Halachah 4). Here, however, it is attached to both the flesh and the bone and that creates the problem.
24.The Shulchan Aruch (Yoreh De'ah 39:18) cites the Rambam's position.
Parenthetically, the commentaries have questioned the Rambam's statements here from the standpoint of kibud av, "honoring one's father." Seemingly, after mentioning his father, he should have stated - as he himself rules in Hilchot Mamrim 6:5 - "May he be remembered for the life of the world to come." Also, that same source (Halachah 3) forbids "offering an opinion that outweighs [that of his father]."
25.The Ra'avad follows the more lenient view. Here also the Shulchan Aruch (loc. cit.) cites the Rambam's position.
26.The Rama (Yoreh De'ah 39:1) mentions both the custom of blowing up the lung in all cases and the Rambam's position that it is not necessary to blow up all lungs. He concludes that the Rambam's position should be given primacy.
27.I.e., the stringencies forbidding an animal because of certain sirchot and requiring the lungs to be blown up.
28.Halachot 6 and 7.
29.At present, there are certain Rabbinic authorities who require that the lungs of a chicken be inspected, because in the present age, since chickens are raised in a manner very different from their natural circumstances, it is common for there to be difficulties with regard to their lungs.
30.If there is no evidence that a factor existed that caused the animal to become trefe, we do not assume that one existed. Even according to the custom that requires an animal to be checked, we are assuming only the possibility that it might have a disqualifying factor. If there is no way to check it, we assume that the animal is kosher.
The Ra'avad differs and maintains that since disqualifying factors involving the lung are common, if a lung was not inspected, we cannot consider the animal as kosher. The Shulchan Aruch (Yoreh De'ah 39:2) quotes the Rambam's view. The Rama mentions the position of the Ra'avad and states that the Rambam's position may be followed only when there is a possibility of severe financial loss.
31.Normally, we would not blow up a lung unless there was a factor that aroused suspicion. Nevertheless, in this instance, since we did not see it in its natural situation - and the possibility exists that there were such factors there - we require an examination. The Turei Zahav 39:2 states that, according to our custom [see Rama (Yoreh De'ah 39:4)] that we do not rely on an examination in a situation where there is a clearly problematic situation, we do not rely on an examination in this instance as well.
32.The Shulchan Aruch (Yoreh De'ah 39:8) rules that such an animal is permitted without the lung being inspected. The Turei Zahav 39:12 states that an examination must be conducted to see whether the lung is perforated or not.
This represents the difference between glatt meat and meat that is not glatt. Glatt means "smooth," i.e., i.e., there are no sirchot, adhesions, or growths, extending from the animal's lungs. Thus there is no need to inspect it. When meat is not glatt, there were sirchot and/or the like extending from the lungs. They were inspected and no perforation was discovered. Hence, the meat is kosher. Nevertheless, there are many who follow the stringency of not partaking of it.
(It must be emphasized that, at present, glatt is sometimes used as a general term to connote a higher level of punctilious observance of the details of kashrus in general without specifically referring to questions concerning the lungs.)
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Hayom Yom:
• Tuesday, Nissan 22, 5774 • 22 April 2014
"Today's Day"
Tuesday, Nissan 22, Acharon Shel Pesach, 7th day of the omer, 5703
Torah lessons: Chumash: Acharei mot, Shlishi with Rashi.
Tehillim: 106-107.
Tanya: And although He (p. 221)...above in ch. 20. (p. 223).
By day we take care to follow this order: Make Kiddush, then daven Mincha, and after that eat the festive yom tov meal.1
The Baal Shem Tov used to eat three festival meals on Acharon Shel Pesach.
The Baal Shem Tov called the (third) meal of this day Mashiach's s'uda (the "festival meal of Mashiach"). Acharon Shel Pesach is the day for Mashiach's s'uda because on this day the radiance of the light of Mashiach shines openly.
In 5666 (1906) a new procedure was adopted for Pesach in the Yeshiva Tomchei T'mimim in Lubavitch: The students ate the Pesach meals all together, in the study hall. There were 3102 students present seated at eighteen tables. My father the Rebbe ate the festive meal of Acharon Shel Pesach with the yeshiva students. He ordered that four cups of wine3 be given each student, and then declared, "this is Mashiach's s'uda."
FOOTNOTES
1. A parallel to the three Shabbat meals, in contrast to the two festival meals.
2. The number 310, shai, has a significance, the number of "worlds" awaiting each tzadik. 18 or chai represents life.
3. The Rebbe, of righteous memory, stated that "it is obvious that this practice was not to be limited to that particular year, but is for all years."
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Daily Thought:
Between Matzah and Chametz There’s really only one difference between matzah and chametz. They’re both made from flour and water, both baked in an oven, and both provide nourishment. But one stays flat and humble, while the other fills itself with hot air. That’s why matzah is a key ingredient for leaving your personal Egypt: As long as we are full of delusions of self-importance, there’s no way to break out and grow to a new level. Once we make ourselves small, we can fit through any bars and fly past any cloud.
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