CHABAD - Today in Judaism - TODAY IS: WEDNESDAY, NISSAN 30, 5774 • APRIL 30, 2014 - ROSH CHODESH IYAR • OMER: DAY 15 - CHESSED SHEB'TIFFERET
TODAY'S LAWS & CUSTOMS:
• ROSH CHODESH OBSERVANCES
Today is the first of the two Rosh Chodesh ("Head of the Month") days for the month of "Iyar" (when a month has 30 days, both the last day of the month and the first day of the following month serve as the following month's Rosh Chodesh).
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited -- in its "partial" form -- following the Shacharit morning prayer, and the Yaaleh V'yavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachnun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh -- the month being the feminine aspect of the Jewish Calendar.
Links: The 29th Day; The Lunar Files
• COUNT "SIXTEEN DAYS TO THE OMER" TONIGHT
Tomorrow is the sixteenth 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 sixteen days, which are two weeks and two days, 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: Gevurah sheb'Tifferet -- "Restraint in Harmony"
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:
• PASSING OF R. CHAIM VITAL (1620)
Nissan 30 is the yahrtzeit (anniversary of the passing) of the famed Kabbalist Rabbi Chaim Vital (1542?-1620), author of the mystical work Eitz Chaim. Rabbi Chaim was the leading disciple of Rabbi Isaac Luria (the "Holy Ari," 1534-1572) and the transcriber of his teachings, which form the "Lurianic" Kabbalah.
Links: About Kabbalah
DAILY QUOTE:
Abraham was told that his descendents will be like the dust of the earth (Genesis 13:17), and as the stars of heaven (ibid. 15:5). So it is with Israel: When they fall, they will fall as low as the dust; when they rise, they will rise as high as the stars.--Pesikta Zutrati
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Emor, 4th Portion Leviticus 23:1-23:22 with Rashi
• Chapter 23
1. And the Lord spoke to Moses, saying, א. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
2. Speak to the children of Israel and say to them: The Lord's appointed [holy days] that you shall designate as holy occasions. These are My appointed [holy days]: ב. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם מוֹעֲדֵי יְהֹוָה אֲשֶׁר תִּקְרְאוּ אֹתָם מִקְרָאֵי קֹדֶשׁ אֵלֶּה הֵם מוֹעֲדָי:
Speak to the children of Israel…The Lord’s appointed [holy days]: Designate the [times] of the festivals so that [all of] Israel will become accustomed to them, [meaning] that they should proclaim leap years for [the Jews in] the Diaspora who had uprooted themselves from their place to ascend to [Jerusalem for] the festivals, but who had not yet arrived in Jerusalem. [The leap year would enable them to arrive in time. Consequently, in ensuing years, they would not lose hope of arriving on time and would be encouraged to make the pilgrimage.]- [Torath Kohanim 23:139; Levush Ha’orah. See also Mizrachi , Nachalath Ya’akov , Sefer Hazikkaron , Yosef Hallel , Chavel]
דבר אל בני ישראל וגו' מועדי ה': עשה מועדות שיהיו ישראל מלומדין בהם, שמעברים את השנה על גליות שנעקרו ממקומם לעלות לרגל ועדיין לא הגיעו לירושלים:
3. [For] six days, work may be performed, but on the seventh day, it is a complete rest day, a holy occasion; you shall not perform any work. It is a Sabbath to the Lord in all your dwelling places. ג. שֵׁשֶׁת יָמִים תֵּעָשֶׂה מְלָאכָה וּבַיּוֹם הַשְּׁבִיעִי שַׁבַּת שַׁבָּתוֹן מִקְרָא קֹדֶשׁ כָּל מְלָאכָה לֹא תַעֲשׂוּ שַׁבָּת הִוא לַיהֹוָה בְּכֹל מוֹשְׁבֹתֵיכֶם:
[For] six days…: Why does the Sabbath [designated by God,] appear here amidst the festivals [designated by the Sanhedrin]? To teach you that whoever desecrates the festivals is considered [to have transgressed as severely] as if he had desecrated the Sabbath, and that whoever who fulfills the festivals is considered as if he has fulfilled the Sabbath, [and his reward is as great]. — [Be’er Basadeh ; Torath Kohanim 23:144]
ששת ימים: מה ענין שבת אצל מועדות, ללמדך שכל המחלל את המועדות מעלין עליו כאלו חלל את השבתות. וכל המקיים את המועדות, מעלין עליו כאלו קיים את השבתות:
4. These are the Lord's appointed [holy days], holy occasions, which you shall designate in their appointed time: ד. אֵלֶּה מוֹעֲדֵי יְהֹוָה מִקְרָאֵי קֹדֶשׁ אֲשֶׁר תִּקְרְאוּ אֹתָם בְּמוֹעֲדָם:
These are the Lord’s appointed [holy days, holy occasions, that you shall designate]: In the earlier verse (verse 2), Scripture is referring to the proclamation of a leap year, while here, Scripture is referring to sanctifying the new month [i.e., “designating” which day is the first of the month, based on testimony of the sighting of the new moon. Both of these “designations,” therefore, have bearing on the establishment of the festivals.] - [Torath Kohanim 23: 146]
אלה מועדי ה': למעלה מדבר בעבור שנה, וכאן מדבר בקדוש החדש:
5. In the first month, on the fourteenth of the month, in the afternoon, [you shall sacrifice] the Passover offering to the Lord. ה. בַּחֹדֶשׁ הָרִאשׁוֹן בְּאַרְבָּעָה עָשָׂר לַחֹדֶשׁ בֵּין הָעַרְבָּיִם פֶּסַח לַיהֹוָה:
in the afternoon: Heb. בֵּין הָעַרְבָּיִם, lit. between the two evenings. From six [halachic] hours [after dawn,] and onwards [until evening (עֶרֶב), i.e., nightfall.]
בין הערבים: משש שעות ולמעלה:
the Passover offering to the Lord: Heb. פֶּסַח, the offering up of a sacrifice named “Pesach.” [The term “Pesach” here refers to the Pesach offering brought on the fourteenth of Nissan, not to the Passover Festival, which begins on the fifteenth. — [Be’er Heitev on Rashi]
פסח לה': הקרבת קרבן ששמו פסח:
6. And on the fifteenth day of that month is the Festival of Unleavened Cakes to the Lord; you shall eat unleavened cakes for a seven day period. ו. וּבַחֲמִשָּׁה עָשָׂר יוֹם לַחֹדֶשׁ הַזֶּה חַג הַמַּצּוֹת לַיהֹוָה שִׁבְעַת יָמִים מַצּוֹת תֹּאכֵלוּ:
7. On the first day, there shall be a holy occasion for you; you shall not perform any work of labor. ז. בַּיּוֹם הָרִאשׁוֹן מִקְרָא קֹדֶשׁ יִהְיֶה לָכֶם כָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ:
8. And you shall bring a fire offering to the Lord for a seven day period. On the seventh day, there shall be a holy occasion; you shall not perform any work of labor. ח. וְהִקְרַבְתֶּם אִשֶּׁה לַיהֹוָה שִׁבְעַת יָמִים בַּיּוֹם הַשְּׁבִיעִי מִקְרָא קֹדֶשׁ כָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ:
And you shall bring a fire offering [to the Lord for a seven-day period]: These are the additional offerings [of Passover] delineated in parshath Pinchas (Num. 28:1625). Why are they mentioned here? To inform you that the additional offerings do not impede one another, [if some are omitted, as the Torah states:]
והקרבתם אשה וגו': הם המוספין האמורים בפרשת פנחס ולמה נאמרו כאן, לומר לך שאין המוספין מעכבין זה את זה:
And you shall bring a fire offering to the Lord: in any case. If there are no bulls, bring rams, and if there are neither bulls nor rams, bring lambs [as prescribed in Num. 28:19]. — [Torath Kohanim 23:152]
והקרבתם אשה לה': מכל מקום, אם אין פרים הבא אילים, ואם אין פרים ואילים, הבא כבשים:
for a seven-day period: Heb. שִׁבְעַת יָמִים, lit., a “seven” of days. Wherever the שִׁבְעַת appears, it denotes a noun, and [thus, the expression here שִׁבְעַת יָמִים means “a week of days” ; septaine in Old French [which is the noun, as opposed to sept, meaning the number seven. See Mizrachi on Rashi Exod. 10:22]. Likewise, every [construct expression like], שְׁמוֹנַת, שֵׁשֶׁת, חֲמֵשֶׁת, שְׁלֹשֶׁת [literally means, respectively, “an eight of,” “a six of,” “a five of,” “a three of,” [meaning a unit consisting of one of these numbers]. - [See Gur Aryeh and Levush Haorah on Rashi Exod. 10:22 for the reason this type of expression is used here instead of simply שִׁבְעָה יָמִים, “seven days.”]
שבעת ימים: כל מקום שנאמר שבעת שם דבר הוא, שבוע של ימים, שטיינ"א בלע"ז [קבוצה של שבעה ימים רצופים], וכן כל לשון שמונת, ששת, חמשת, שלשת:
work of labor: Even types of work (מְלָאכוֹת) that are considered by you as labor (עֲבוֹדָה) and necessities, where a monetary loss may be incurred if one would refrain from them, for example, something that will be lost [if the activity is postponed]. I understood this from Torath Kohanim, where it is taught (23:187): “One might think that even during the intermediate days of the Festival, work of labor is prohibited…” [and the text concludes by teaching us that during those days, מְלֶאכֶת עֲבוֹדָה is permitted, and we know that the type of work that is permitted on the intermediate days is such work whose postponement would cause a loss (דָּבָר הָאָבֵד). Hence, we see that מְלֶאכֶת עֲבוֹדָה and דָּבָר הָאָבֵד are synonymous, and that is what the Torah meant to prohibit on the festival holy days-namely, the first and seventh days of Passover, when even that type of work is prohibited].
מלאכת עבדה: אפילו מלאכות החשובות לכם עבודה וצורך, שיש חסרון כיס בבטלה שלהן, כגון דבר האבד. כך הבנתי מתורת כהנים, דקתני יכול אף חולו של מועד יהא אסור במלאכת עבודה וכו':
9. And the Lord spoke to Moses, saying, ט. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
10. Speak to the children of Israel and say to them: When you come to the Land which I am giving you, and you reap its harvest, you shall bring to the kohen an omer of the beginning of your reaping. י. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם כִּי תָבֹאוּ אֶל הָאָרֶץ אֲשֶׁר אֲנִי נֹתֵן לָכֶם וּקְצַרְתֶּם אֶת קְצִירָהּ וַהֲבֵאתֶם אֶת עֹמֶר רֵאשִׁית קְצִירְכֶם אֶל הַכֹּהֵן:
[you shall bring…an omer] of the beginning of your reaping: the first of the harvest [from the fields. Thus, one is permitted to proceed with the general harvest only after this omer has been reaped.]- [Sifthei Chachamim; Men. 71a]
ראשית קצירכם: שתהא ראשונה לקציר:
omer: a tenth of an ephah (see Exod. 16:36). That was its [the measure’s] name, like “And they measured it with an omer” (Exod. 16:18).
עמר: עשירית האיפה, כך היתה שמה, כמו (שמות טז יח) וימודו בעומר:
11. And he shall wave the omer before the Lord so that it will be acceptable for you; the kohen shall wave it on the day after the rest day. יא. וְהֵנִיף אֶת הָעֹמֶר לִפְנֵי יְהֹוָה לִרְצֹנְכֶם מִמָּחֳרַת הַשַּׁבָּת יְנִיפֶנּוּ הַכֹּהֵן:
And he shall wave: Every [mention of] תְּנוּפָה, “waving,” [in Scripture], denotes moving back and forth, up and down. [It is moved] back and forth to prevent evil winds; [it is moved] up and down to prevent evil dews [i.e., the dew should be a blessing for the crop, not a curse]. — [Men. 61a-62a]
והניף: כל תנופה מוליך ומביא מעלה ומוריד. מוליך ומביא לעצור רוחות רעות, מעלה ומוריד לעצור טללים רעים:
so that it will be acceptable for you: If you offer it up according to these instructions, it will be acceptable for you.
לרצנכם: אם תקריבו כמשפט זה, יהיו לרצון לכם:
on the day after the rest day: מִמָּחֳרַת הַשַּׁבָּת. On the day after the first holy day of Passover, [since a holy festival day is also שַׁבָָּת, rest day , in Scripture]. For if you say [that it means] the “Sabbath of Creation” [i.e., the actual Sabbath, the seventh day of the week], you would not know which one. - [Men. 66a]
ממחרת השבת: ממחרת יום טוב הראשון של פסח, שאם אתה אומר שבת בראשית, אי אתה יודע איזהו:
12. And on the day of your waving the omer, you shall offer up an unblemished lamb in its [first] year as a burnt offering to the Lord; יב. וַעֲשִׂיתֶם בְּיוֹם הֲנִיפְכֶם אֶת הָעֹמֶר כֶּבֶשׂ תָּמִים בֶּן שְׁנָתוֹ לְעֹלָה לַיהֹוָה:
you shall offer up [an unblemished lamb in its [first] year]: It comes as obligatory for the omer [not as part the additional offerings of Passover.
ועשיתם כבש: חובה לעומר הוא בא:
13. Its meal offering [shall be] two tenths [of an ephah] of fine flour mixed with oil, a fire offering to the Lord as a spirit of satisfaction. And its libation [shall be] a quarter of a hin of wine. יג. וּמִנְחָתוֹ שְׁנֵי עֶשְׂרֹנִים סֹלֶת בְּלוּלָה בַשֶּׁמֶן אִשֶּׁה לַיהֹוָה רֵיחַ נִיחֹחַ וְנִסְכּוֹ יַיִן רְבִיעִת הַהִין:
Its meal offering: The meal offering [which accompanies every sacrifice], along with its libations. [See Num. 15:116.] [This is not an independent meal offering.]
ומנחתו: מנחת נסכיו:
two tenths [of an ephah]: It was double [the usual meal offering for a lamb, which is one tenth.] (See Num. 15:4.)
שני עשרנים: כפולה היתה:
and its libation [shall be] a quarter of a hin of wine: Although its meal offering is double, its libations are not double, [but the usual libation prescribed for a lamb (Num. 15:5). - [Men. 89b]
ונסכה יין רביעית ההין: אף על פי שמנחתו כפולה, אין נסכיו כפולים:
14. You shall not eat bread or [flour made from] parched grain or fresh grain, until this very day, until you bring your God's sacrifice. [This is] an eternal statute throughout your generations in all your dwelling places. יד. וְלֶחֶם וְקָלִי וְכַרְמֶל לֹא תֹאכְלוּ עַד עֶצֶם הַיּוֹם הַזֶּה עַד הֲבִיאֲכֶם אֶת קָרְבַּן אֱלֹהֵיכֶם חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם בְּכֹל משְׁבֹתֵיכֶם:
or [flour made from] parched grain: [This refers to] flour made from tender, plump grain that is parched in an oven (see Lev. 2:14).
וקלי: קמח עשוי מכרמל רך שמייבשין אותו בתנור:
plump grain: [These are the] plump, parched kernels, grenaillis [in Old French]. — [See Rashi, Sifthei Chachamim on Lev. 2:14]
וכרמל: הן קליות שקורין גרניד"ש [שבולים]:
in all your dwelling places: The Sages of Israel differ concerning this. Some learned from here that [the prohibition of eating] the new crop [before the omer] applies [even] outside the Land [of Israel], while others say that this phrase comes only to teach [us] that they were commanded regarding the new crop only after possession and settlement, after they had conquered and apportioned [the land. — [Kid. 37a]
בכל משבתיכם: נחלקו בו חכמי ישראל, יש שלמדו מכאן שהחדש נוהג בחוצה לארץ, ויש אומרים לא בא אלא ללמד שלא נצטוו על החדש אלא לאחר ירושה וישיבה, משכבשו וחלקו:
15. And you shall count for yourselves, from the morrow of the rest day from the day you bring the omer as a wave offering seven weeks; they shall be complete. טו. וּסְפַרְתֶּם לָכֶם מִמָּחֳרַת הַשַּׁבָּת מִיּוֹם הֲבִיאֲכֶם אֶת עֹמֶר הַתְּנוּפָה שֶׁבַע שַׁבָּתוֹת תְּמִימֹת תִּהְיֶינָה:
from the morrow of the rest day: On the day after the [first] holy day [of Passover]. — [See Rashi on verse 11; Men. 65b]
ממחרת השבת: ממחרת יום טוב:
[seven weeks;] they shall be complete: [This verse] teaches us that one must begin counting [each of these days] from the evening, because otherwise, they would not be “complete.” - [Men. 66a]
תמימת תהיינה: מלמד שמתחיל ומונה מבערב, שאם לא כן אינן תמימות:
16. You shall count until the day after the seventh week, [namely,] the fiftieth day, [on which] you shall bring a new meal offering to the Lord. טז. עַד מִמָּחֳרַת הַשַּׁבָּת הַשְּׁבִיעִת תִּסְפְּרוּ חֲמִשִּׁים יוֹם וְהִקְרַבְתֶּם מִנְחָה חֲדָשָׁה לַיהֹוָה:
the day after the seventh week: הַשַּׁבָּת הַשְּׁבִיעִת, as the Targum [Onkelos] renders: שְׁבוּעֲתָא שְׁבִיעָתָא, “the seventh week.”
השבת השביעת: כתרגומו שבועתא שביעתא:
You shall count until the day after the seventh week: But not inclusive, making forty-nine days.
עד ממחרת השבת השביעת תספרו: ולא עד בכלל, והן ארבעים ותשעה יום:
the fiftieth day, [on which] you will bring a meal offering to the Lord from the new [wheat crop]: [lit., “(You shall count) fifty days and bring a meal offering to the Lord from the new (wheat crop).” But we count only forty-nine days. Therefore, the meaning is:] On the fiftieth day, you shall bring this [meal offering of the new wheat crop]. But I say that this is a Midrashic explanation of the verse [since it requires the forced attachment of the words חֲמִשִּׁים יוֹם to the continuation of the verse regarding the meal offering, whereas the cantillation signs attach them to the preceding words regarding the counting]. But its simple meaning is: “until [but not inclusive of]…the day after [the completion of] the seventh week, which is the fiftieth day, shall you count.” Accordingly, this is a transposed verse.
חמשים יום והקרבתם מנחה חדשה לה': ביום החמשים תקריבוה. ואומר אני זהו מדרשו, אבל פשוטו עד ממחרת השבת השביעית, שהוא יום חמשים, תספרו. ומקרא מסורס הוא:
a new meal-offering: This is the first meal offering brought from the new [crop]. Now, if you ask, “But was not the meal offering of the omer already offered up (see verse 10 above)?” [the answer to this is that] that is not like other meal offerings-for it comes from barley [and hence, this meal offering is new since it is the first meal offering from the wheat crop].
מנחה חדשה: היא המנחה הראשונה שהובאה מן החדש. ואם תאמר, הרי קרבה מנחת העומר, אינה כשאר כל המנחות, שהיא באה מן השעורים:
17. From your dwelling places, you shall bring bread, set aside, two [loaves] [made from] two tenths [of an ephah]; they shall be of fine flour, [and] they shall be baked leavened, the first offering to the Lord. יז. מִמּוֹשְׁבֹתֵיכֶם תָּבִיאוּ | לֶחֶם תְּנוּפָה שְׁתַּיִם שְׁנֵי עֶשְׂרֹנִים סֹלֶת תִּהְיֶינָה חָמֵץ תֵּאָפֶינָה בִּכּוּרִים לַיהֹוָה:
From your dwelling places: but not from outside the Land. — [Men. 83b]
ממושבתיכם: ולא מחוצה לארץ:
bread set aside: Heb. לֶחֶם תְּנוּפָה, bread of separation, set aside for the sake of the Most High, and this is the new meal offering, mentioned above [in the preceding verse].
לחם תנופה: לחם תרומה המורם לשם גבוה, וזו היא המנחה החדשה האמורה למעלה:
the first offering: The first of all the meal offerings [brought from the new crop]; even a “jealousy meal offering” [for suspected infidelity, see Num. 5:11-31], which comes from barley [see verse 15 there], may not be offered up from the new crop before the two loaves [have been brought]. — [Men. 84b]
בכורים: ראשונה לכל המנחות, אף למנחת קנאות הבאה מן השעורים, לא תקרב מן החדש קודם לשתי הלחם:
18. And associated with the bread, you shall bring seven unblemished lambs in their [first] year, one young bull, and two rams these shall be a burnt offering to the Lord, [along with] their meal offering and libations a fire offering [with] a spirit of satisfaction to the Lord. יח. וְהִקְרַבְתֶּם עַל הַלֶּחֶם שִׁבְעַת כְּבָשִׂים תְּמִימִם בְּנֵי שָׁנָה וּפַר בֶּן בָּקָר אֶחָד וְאֵילִם שְׁנָיִם יִהְיוּ עֹלָה לַיהֹוָה וּמִנְחָתָם וְנִסְכֵּיהֶם אִשֵּׁה רֵיחַ נִיחֹחַ לַיהֹוָה:
And associated with the bread: Heb. עַל הַלֶּחֶם,lit. on the bread, i.e., “because of the bread,” i.e., as an obligation for the bread, [but not as a separate obligation for that day. I.e., if they did not bring the bread offering, they do not bring this associated burnt offering. — [Mizrachi; Torath Kohanim 23:171]
על הלחם: בגלל הלחם, חובה ללחם:
[along with] their meal offering and libations: i.e., according to the prescription of meal offerings and libations specified for each [type of] animal in the passage that delineates [libations (see Num. 15:1-16), as follows: three tenths [of an ephah of flour] for each bull, two tenths for a ram and one tenth for a lamb-this is the meal offering [for sacrifices]. And the libations are as follows: Half a hin [of wine] for a bull, a third of a hin for a ram, and a quarter of a hin for a lamb.
ומנחתם ונסכיהם: כמשפט מנחה ונסכים המפורשים בכל בהמה בפרשת נסכים (במדבר טו ד - י) שלשה עשרונים לפר ושני עשרונים לאיל ועשרון לכבש, זו היא המנחה. והנסכים חצי ההין לפר ושלישית ההין לאיל ורביעית ההין לכבש:
19. And you shall offer up one he goat as a sin offering, and two lambs in their [first] year as a peace offering._ יט. וַעֲשִׂיתֶם שְׂעִיר עִזִּים אֶחָד לְחַטָּאת וּשְׁנֵי כְבָשִׂים בְּנֵי שָׁנָה לְזֶבַח שְׁלָמִים:
And you shall offer up one he-goat: One might think that the seven lambs (preceding verse) and the he-goat mentioned here are the same seven lambs and the he-goat enumerated in the Book of Numbers (28:19, 22). However, when you reach [the enumeration there of] the bulls and rams, [the numbers of each animal] they are not the same [as those listed here]. You must now conclude that these are separate and those are separate-these are brought in conjunction with the bread, while those as additional offerings [for the Festival]. — [Torath Kohanim 23:171]
ועשיתם שעיר עזים: יכול שבעת הכבשים והשעיר האמורים כאן הם שבעת הכבשים והשעיר האמורים בחומש הפקודים, כשאתה מגיע אצל פרים ואילים אינן הם, אמור מעתה אלו לעצמן ואלו לעצמן, אלו קרבו בגלל הלחם ואלו למוספין:
20. And the kohen shall wave them in conjunction with the first offering bread as a waving before the Lord, along with the two lambs. They shall be holy to the Lord, [and] belong to the kohen. כ. וְהֵנִיף הַכֹּהֵן | אֹתָם עַל לֶחֶם הַבִּכֻּרִים תְּנוּפָה לִפְנֵי יְהֹוָה עַל שְׁנֵי כְּבָשִׂים קֹדֶשׁ יִהְיוּ לַיהֹוָה לַכֹּהֵן:
And the kohen shall wave them…as a waving: This teaches us that they require waving while still alive. Now, one might think that they all [require waving]. Scripture, therefore, says, “along with the two lambs.” - [see Men. 62a]
והניף הכהן אתם תנופה: מלמד שטעונין תנופה מחיים, יכול כולם, תלמוד לומר על שני כבשים:
They shall be holy: Since a peace offering of an individual has itself a minor degree of holiness, Scripture had to say concerning communal peace offering that they are holy of holies.
קדש יהיו: לפי ששלמי יחיד קדשים קלים, הוזקק לומר בשלמי צבור שהם קדשי קדשים:
21. And you shall designate on this very day a holy occasion it shall be for you; you shall not perform any work of labor. [This is] an eternal statute in all your dwelling places throughout your generations. כא. וּקְרָאתֶם בְּעֶצֶם | הַיּוֹם הַזֶּה מִקְרָא קֹדֶשׁ יִהְיֶה לָכֶם כָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ חֻקַּת עוֹלָם בְּכָל מוֹשְׁבֹתֵיכֶם לְדֹרֹתֵיכֶם:
22. When you reap the harvest of your Land, you shall not completely remove the corner of your field during your harvesting, and you shall not gather up the gleanings of your harvest. [Rather,] you shall leave these for the poor person and for the stranger. I am the Lord, your God. כב. וּבְקֻצְרְכֶם אֶת קְצִיר אַרְצְכֶם לֹא תְכַלֶּה פְּאַת שָׂדְךָ בְּקֻצְרֶךָ וְלֶקֶט קְצִירְךָ לֹא תְלַקֵּט לֶעָנִי וְלַגֵּר תַּעֲזֹב אֹתָם אֲנִי יְהֹוָה אֱלֹהֵיכֶם:
When you reap: [But Scripture has already stated this, “When you…reap its harvest…” (verse 10 above).] Scripture repeats it once again, [so that one who disobeys] transgresses two negative commands. Rabbi Avdimi the son of Rabbi Joseph says: Why does Scripture place this [passage] in the very middle of [the laws regarding] the Festivals-with Passover and Atzereth (Shavuoth) on one side and Rosh Hashanah, Yom Kippur, and the Festival [of Succoth] on the other? To teach you that whoever gives לֶקֶט, gleanings, שִׁכְחָה, forgotten sheaves, and פֵּאָה, the corners , to the poor in the appropriate manner, is deemed as if he had built the Holy Temple and offered up his sacrifices within it. — [Torath Kohanim 23:175]
ובקצרכם: חזר ושנה לעבור עליהם בשני לאוין. אמר רבי אבדימס ברבי יוסף מה ראה הכתוב ליתנה באמצע הרגלים, פסח ועצרת מכאן וראש השנה ויום הכפורים והחג מכאן, ללמדך שכל הנותן לקט שכחה ופאה לעני כראוי, מעלין עליו כאילו בנה בית המקדש והקריב קרבנותיו בתוכו:
you shall leave: Leave it before them and let them gather it up. And you shall not help one of them [since this will deprive the others]. — [Torath Kohanim 19:22]
תעזב: הנח לפניהם והם ילקטו, ואין לך לסייע לאחד מהם:
I am the Lord, your God: Who is faithful to give reward [to those who fulfill My Torah].
אני ה' אלהיכם: נאמן לשלם שכר:
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Tehillim: Psalms Chapters 145 - 150
• Chapter 145
One who recites this psalm three times daily with absolute concentration is guaranteed a portion in the World to Come. Because of its prominence, this psalm was composed in alphabetical sequence.
1. A psalm of praise by David: I will exalt You, my God the King, and bless Your Name forever.
2. Every day I will bless You, and extol Your Name forever.
3. The Lord is great and exceedingly exalted; there is no limit to His greatness.
4. One generation to another will laud Your works, and tell of Your mighty acts.
5. I will speak of the splendor of Your glorious majesty and of Your wondrous deeds.
6. They will proclaim the might of Your awesome acts, and I will recount Your greatness.
7. They will express the remembrance of Your abounding goodness, and sing of Your righteousness.
8. The Lord is gracious and compassionate, slow to anger and of great kindness.
9. The Lord is good to all, and His mercies extend over all His works.
10. Lord, all Your works will give thanks to You, and Your pious ones will bless You.
11. They will declare the glory of Your kingdom, and tell of Your strength,
12. to make known to men His mighty acts, and the glorious majesty of His kingdom.
13. Your kingship is a kingship over all worlds, and Your dominion is throughout all generations.
14. The Lord supports all who fall, and straightens all who are bent.
15. The eyes of all look expectantly to You, and You give them their food at the proper time.
16. You open Your hand and satisfy the desire of every living thing.
17. The Lord is righteous in all His ways, and benevolent in all His deeds.
18. The Lord is close to all who call upon Him, to all who call upon Him in truth.
19. He fulfills the desire of those who fear Him, hears their cry and delivers them.
20. The Lord watches over all who love Him, and will destroy all the wicked.
21. My mouth will utter the praise of the Lord, and let all flesh bless His holy Name forever.
Chapter 146
This psalm inspires man to repent and perform good deeds while still alive. Let him not rely on mortals who are unable to help themselves, and who may suddenly pass on. Rather, one should put his trust in God, Who is capable of carrying out all He desires.
1. Praise the Lord! Praise the Lord, O my soul.
2. I will sing to the Lord with my soul; I will chant praises to my God while I yet exist.
3. Do not place your trust in nobles, nor in mortal man who has not the ability to bring deliverance.
4. When his spirit departs, he returns to his earth; on that very day, his plans come to naught.
5. Fortunate is he whose help is the God of Jacob, whose hope rests upon the Lord his God.
6. He makes the heavens, the earth, the sea, and all that is in them; He keeps His promise faithfully forever.
7. He renders justice to the oppressed; He gives food to the hungry; the Lord releases those who are bound.
8. The Lord opens the eyes of the blind; the Lord straightens those who are bowed; the Lord loves the righteous.
9. The Lord watches over the strangers; He gives strength to orphan and widow; He thwarts the way of the wicked.
10. The Lord shall reign forever, your God, O Zion, throughout all generations. Praise the Lord!
Chapter 147
This psalm recounts God's greatness, and His kindness and goodness to His creations.
1. Praise the Lord! Sing to our God for He is good; praise befits Him for He is pleasant.
2. The Lord is the rebuilder of Jerusalem; He will gather the banished of Israel.
3. He heals the broken-hearted, and bandages their wounds.
4. He counts the number of the stars; He gives a name to each of them.
5. Great is our Master and abounding in might; His understanding is beyond reckoning.
6. The Lord strengthens the humble; He casts the wicked to the ground.
7. Lift your voices to the Lord in gratitude; sing to our God with the harp.
8. He covers the heaven with clouds; He prepares rain for the earth, and makes grass grow upon the mountains.
9. He gives the animal its food, to the young ravens which cry to Him.
10. He does not desire [those who place their trust in] the strength of the horse, nor does He want those who rely upon the thighs [swiftness] of man.
11. He desires those who fear Him, those who long for His kindness.
12. Praise the Lord, O Jerusalem; Zion, extol your God.
13. For He has strengthened the bolts of your gates; He has blessed your children in your midst.
14. He has made peace within your borders; He satiates you with the finest of wheat.
15. He issues His command to the earth; swiftly does His word run.
16. He dispenses snow like fleece; He scatters frost like ashes.
17. He hurls His ice like morsels; who can withstand His cold?
18. He sends forth His word and melts them; He causes His wind to blow, and the waters flow.
19. He tells His words [Torah] to Jacob, His statutes and ordinances to Israel.
20. He has not done so for other nations, and they do not know [His] ordinances. Praise the Lord!
Chapter 148
The psalmist inspires one to praise God for His creations-above and below-all of which exist by God's might alone.
1. Praise the Lord! Praise the Lord from the heavens; praise Him in the celestial heights.
2. Praise Him, all His angels; praise Him, all His hosts.
3. Praise Him, sun and moon; praise Him, all the shining stars.
4. Praise Him, hea-ven of heavens, and the waters that are above the heavens.
5. Let them praise the Name of the Lord, for He comman-ded and they were created.
6. He has established them forever, for all time; He issued a decree, and it shall not be transgressed.
7. Praise the Lord from the earth, sea-monsters and all [that dwell in] the depths;
8. fire and hail, snow and vapor, stormy wind carrying out His command;
9. the mountains and all hills, fruit-bearing trees and all cedars;
10. the beasts and all cattle, creeping things and winged fowl;
11. kings of the earth and all nations, rulers and all judges of the land;
12. young men as well as maidens, elders with young lads.
13. Let them praise the Name of the Lord, for His Name is sublime, to Himself; its radiance [alone] is upon earth and heaven.
14. He shall raise the glory of His people, [increase] the praise of all His pious ones, the Children of Israel, the people close to Him. Praise the Lord!
Chapter 149
1. Praise the Lord! Sing to the Lord a new song, [recount] His praise in the assembly of the pious.
2. Israel will rejoice in its Maker; the children of Zion will delight in their King.
3. They will praise His Name with dancing; they will sing to Him with the drum and harp.
4. For the Lord desires His people; He will adorn the humble with salvation.
5. The pious will exult in glory; they will sing upon their beds.
6. The exaltation of God is in their throat, and a double-edged sword in their hand,
7. to bring retribution upon the nations, punishment upon the peoples;
8. to bind their kings with chains, and their nobles with iron fetters;
9. to execute upon them the prescribed judgment; it shall be a glory for all His pious ones. Praise the Lord!
Chapter 150
This psalm contains thirteen praises, alluding to the Thirteen Attributes (of Mercy) with which God conducts the world.
1. Praise the Lord! Praise God in His holiness; praise Him in the firmament of His strength.
2. Praise Him for His mighty acts; praise Him according to His abundant greatness.
3. Praise Him with the call of the shofar; praise Him with harp and lyre.
4. Praise Him with timbrel and dance; praise Him with stringed instruments and flute.
5. Praise Him with resounding cymbals; praise Him with clanging cymbals.
6. Let every soul praise the Lord. Praise the Lord!
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Tanya: Likutei Amarim, middle of Chapter 44
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, Nissan 30, 5774 • April 30, 2014
Likutei Amarim, middle of Chapter 44
ואף אם נדמה לו לכאורה שהוא כח דמיוני
Even if it appears to him at first sight that this is an illusion, and that in truth he does not possess this love for G d, and thinking that he does is nothing less than deluding himself as to his true spiritual status,
לא יחוש, מאחר שהוא אמת לאמיתו מצד עצמו בבחינת אהבה מסותרת
he need not be concerned, because it is intrinsically the absolute truth even without his own spiritual service, by virtue of the “hidden love” which his soul possesses for G d.
רק שתועלת יציאתה אל הגילוי: כדי להביאה לידי מעשה
But the benefit derived from the spiritual service through which he effects its emergence into the open is that he should translate it into action, and when his love is in a state of concealment it cannot affect his actions.
שהוא עסק התורה והמצות שלומד ומקיים על ידי זה, כדי לעשות נחת רוח לפניו יתברך, כבן העובד את אביו
This means being occupied with the Torah and the mitzvot, which he studies and performs as a result of it, i.e., as a result of revealing this love, with the intention of causing gratification to G d, like a son serving his father, who does so in order to cause him gratification.
Since the revelation of this love leads in fact to increased performance, he should not be troubled by the fact that he may be deluding himself in thinking that he possesses this love when in actuality he does not — particularly since his soul does truly love G d.
ועל זה אמרו: מחשבה טובה, הקב״ה מצרפה למעשה, להיות גדפין לפרחא כנ״ל
Concerning this it was said that1 “a good thought is joined by the Holy One, blessed be He, to a deed,” providing it with the “wings” to soar upwards, as explained earlier, in ch. 16.
“A good thought is joined... to a deed” cannot simply mean that when one thinks about doing a good deed and then, through no fault of his own, he is unable to do it, G d considers it as if he had actually done it. For if this were so the expression should be, “A good thought is considered by G d as an actual deed.” Rather, the term “joined to” indicates that the deed was actually done, but that the thought and deed were unconnected. G d, in His goodness, therefore connects the thought and the deed.
When a love of G d is revealed within one’s heart, there is an actual connection between the thought and the deed, for the revealed love adds vitality to the performance of the deed.
However, when love of G d is not revealed in one’s heart and is limited to one’s mind, it is considered to be a “good thought” that is not connected to a deed. Thus when one understands that something ought to be done, but he has no love for it, then the deed will be performed without fervor.
It is therefore necessary for G d to connect the “good thought” with the deed, thereby ensuring that the “good thought” — the love and fear of G d in his mind — will elevate the Torah and mitzvot which result from it, to the world and level of the “good thought.”
והנחת רוח הוא כמשל שמחת המלך מבנו שבא אליו בצאתו מבית האסורים כנ״ל
The gratification he provides G d is akin, by way of the illustration used earlier,2 to the joy of a king whose son returns to him after liberation from captivity;
When the soul, G d’s child, is clothed in the body and animal soul, it is in a state of captivity. Through Torah and mitzvot it is liberated from this captivity and is joined with G d. This causes Him a joy similar to that experienced by the mortal king in the analogy.
או להיות לו דירה בתחתונים כנ״ל
or G d’s gratification may be from the fact that it has been made possible for Him to have a habitation among mortals, as already mentioned.
Thus, the love which is “like a son who strives for the sake of his father” can be revealed by habituating oneself (with his tongue and voice) to arouse the intention of heart and mind. The Alter Rebbe soon goes on to explain, that the love of “My soul, I desire You” may also be revealed and awakened through habitually speaking about it, when one does so in a manner where the heart will feel that G d is his true life, the “Life of life.”
והנה גם לבחינת נפשי אויתיך הנ״ל, קרוב הדבר מאד להוציאה מההעלם אל הגילוי על ידי ההרגל תמיד, בפיו ולבו שוין
Even in regard to the above-mentioned love, of the category of “My soul, I desire You,” it is readily possible to bring it out of its concealment into the open through constant practice, with mouth and heart in full accord, so that one’s heart should feel what his mouth utters, about G d’s being his true life.3
אך אם אינו יכול להוציאה אל הגילוי בלבו, אף על פי כן יכול לעסוק בתורה ומצות לשמן על ידי ציור ענין אהבה זו במחשבה שבמוחו, ומחשבה טובה, הקב״ה מצרפה כו׳
However, even if he cannot bring it (the love) into a revealed state in his heart, nevertheless he can occupy himself because of this love in the Torah and mitzvot “for their own sake” through portraying the idea of this love in his mind — and “a good thought is united by G d....”
It is therefore possible for his Torah and mitzvot to be elevated to the Supernal Sefirot just as if he had fulfilled them with a love revealed in his heart.
FOOTNOTES
1.Kiddushin 40a.
2.Chs. 31, 41.
3.Earlier on, when the Alter Rebbe speaks of the two types of love — “My soul...” and “Like a son...” — he first explains the former love and then the latter. Here, however, when he speaks of the revelation of these kinds of love through “the voice rousing the devout concentration of the heart and mind,” he discusses them in opposite order.
He begins by discussing at length that “it should be habitual with his tongue and voice...for He is literally our true Father.” Only later does he briefly state that “even in regard to the...love of...’My soul...,‘ it is readily possible to bring it out of its concealment... through constant practice, with mouth and heart in full accord.” Moreover, the Alter Rebbe immediately follows this with, “However, even if he cannot bring it into a revealed state in his heart....”
All the above seems to indicate that the “voice rousing the devout concentration of the heart and mind” is more applicable to the love of “Like a son...” than “My soul....” The Rebbe explains why this is so. To quote:
“[The love of ’Like a son...‘] necessitates that it become one’s nature to perceive that He is our Father — an intellectual and emotional concept, unconnected with physicality. It is therefore more readily understood that arousing the kavanah (through one’s voice) will be beneficial. [The love of ’My soul...,‘ by contrast,] necessitates that it become one’s nature to perceive that G dliness is his very life. It would seem that if his body fails to feel this (as he does feel the life of his soul — when exhausted, and so on), what benefit will be derived from the spiritual intention of the heart?”
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Daily Mitzvah (Maimonides)
Negative Commandment 157
Reneging on Verbal Obligations
"He shall not profane his word; he shall do according to all that issues from his mouth"—Numbers 30:3.
It is forbidden to violate one's verbal pledge, whether that pledge was worded as an oath or not.
Examples of such pledges:
•"If so-and-so occurs, or if I do this-and-this, all fruit – or fruit from this city – will become forbidden for me."
•"Wine/milk/fish are forbidden for me."
•The pleasure of my wife's [intimate company] is forbidden for me."
•Any pledge to bring a sacrifice or give an amount of money to charity or to a synagogue.
Reneging on Verbal Obligations
Negative Commandment 157
Translated by Berel Bell
The 157th prohibition is that we are forbidden from violating any verbal obligation we have made, even if it was not said as an oath.
These obligations are known as nedarim (vows); for example, when a person says, "if a certain event occurs" or "if I do a certain act" then "all fruit will be forbidden to me" or "the fruit of this country [will be forbidden to me]" or a certain food, such as milk, fish, etc. "will be forbidden to me"; or when he says, "deriving pleasure from my wife is forbidden to me"; or any similar verbal obligation, as explained in tractate Nedarim. In all these cases he must carry out his vow, and violating it counts as a prohibition.
The source of this commandment is G‑d's statement,1 "He must not yachel ("break") his word. He must do everything that he stated verbally."
Our Sages explained the phrase, "He must not yachel his word" as meaning, "he must not make his word profane (chullin)," i.e. to obligate himself and then not fulfill his promise.2 As tractate Shavuos puts it, "vows comes under the prohibition, 'he must not break (yachel) his word.' "
The Sifra3 says [regarding a case where someone promised to bring a sacrifice and did not do so], "The verse, 'He must not break' teaches us that he violates the prohibition of not breaking one's word and that of not delaying as offering." This means that if a person vowed to bring a sacrifice, and three holidays have passed by and he still did not do so, then he is guilty of transgressing the prohibition of not delaying [the offering]4 and of not breaking his word.
The same applies to anything resembling a sacrifice, such as promising a gift to the fund of the Holy Temple,5 to charity, to a synagogue, etc.
One who transgresses this prohibition by doing something he has promised not to, is punished by lashes.
The details of this mitzvah are completely explained in tractate Nedarim.
FOOTNOTES
1.Num. 30:3.
2.The verse can therefore be translated, "He must not break his word."
3.See Kapach 5731, note 84.
4.N155.
5.Bedek haBayis.
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Rambam:
• 1 Chapter: Mechirah Mechirah - Chapter Three
Mechirah - Chapter Three
Halacha 1
According to Scriptural Law, both livestock and other movable property are acquired by the payment of money. Once the purchaser pays money, neither he nor the seller can retract. Our Sages, however, ordained that movable property should be acquired only through lifting up the article(hagbahah) or pulling (meshichah) an article that is not commonly lifted up.
Halacha 2
What is implied? When a person gathers together a heavy load of wood, flax or the like that cannot be lifted up, this load cannot be acquired through meshichah, for it can be unbound, and each individual piece of wood can be lifted up. The same principle applies in other similar situations.
In contrast, a large load of nuts, peppers, almonds or the like that no one person could lift up, can be acquired through meshichah. For if one untied the load and separated it, lifting each individual item would involve great difficulty. The same principle applies in other similar situations.
Halacha 3
With regard to a ship: since it is impossible to lift it up, and it is very difficult to pull it - this is possible only when many are involved - our Sages did not require meshichah. Rather, they ruled that it can be acquired through being handed over (mesirah). The same principles apply in all similar situations.
If the seller tells the purchaser, "Go, perform meshichah and acquire the ship," the ship cannot be acquired until one pulls it after oneself, shifting its position entirely, moving it from the place where it had been resting. For the seller had specified that it be acquired solely through meshichah.
Halacha 4
From the above, one may conclude that a person who purchases movable property may retract, even though he has paid for his purchase. Similarly, the seller can retract until the purchaser lifts up the object of sale or performs meshichah on an article that is not usually lifted up, or the seller gives the purchaser an article that is not usually pulled.
When, however, the purchaser lifts up the object of sale, performs meshichah on an article that is not usually lifted up, or is given an article that is that is not usually pulled, he acquires it. Neither party can retract, and the purchaser is compelled to pay if he has not done so already.
Halacha 5
Why did our Sages make such an ordinance with regard to movable property? This is a decree, enacted lest a purchaser pay for an article and before he takes possession of it, it be destroyed by factors beyond his control - e.g., a fire breaks out and burns it, or thieves come and take it. If the article is considered as in the possession of the purchaser, the seller may hesitate and not endeavor to save it.
For this reason, our Sages ordained that the article remain within the possession of the seller, so that he will attempt to save it. For if it is destroyed, he is obligated to pay.
Halacha 6
Thus, if a purchaser paid for an article and it was destroyed by forces beyond his control before he took it, the purchaser may tell the seller: "Give me the article I purchased or return my money." Even though there are witnesses who saw that the article was destroyed by forces beyond control, the seller could not save it, and he was not lazy regarding the matter, the seller must return the money. For our Sages ordained that a kinyan is finalized through meshichah.
For this reason, if the purchaser owned the house in which the article that was sold was held, and he was renting it to the seller, our Sages did not ordain that the article must be acquired through meshichah. For the article that was sold is in the domain of the purchaser. In this instance, once he pays the money, the sale is concluded, and neither can retract.
Halacha 7
Similarly, if a person rented the place where the movable property that was sold was stored, he acquires the movable property, and neither can retract, even though he did not lift up the object of sale, perform meshichah on it or have it given him. For the object has entered his domain. As we have already explained, the rental of landed property is finalized through the transfer of money, the transfer of a rental contract or through chazakah.
Halacha 8
When a person transfers ownership of landed property and movable property simultaneously, once the purchaser or the recipient acquires the landed property through the transfer of money, the transfer of a deed of sale or through a chazakah, he acquires the movable property together with it.
This applies whether he sold both types of property, gave them both as gifts, sold the movable property and gave the landed property as a gift or sold the landed property and gave the movable property as a gift. When the purchaser or the recipient acquires the landed property, he acquires the movable property.
Halacha 9
When does the above apply? When the movable property was collected within the landed property. If, however, it was in another place, it is necessary for the seller to tell the purchaser: "Acquire the movable property by virtue of your acquisition of the immovable property."
Even when the movable property is in another country, and the seller tells the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," once the purchaser acquires the landed property, he acquires the movable property together with it, even though the movable property was not collected within the landed property.
If the seller did not tell the purchaser: "Acquire the movable property by virtue of your acquisition of this landed property," the purchaser does not acquire the movable property.
Even the smallest amount of landed property is sufficient to be used to acquire any movable property one desires by virtue of its acquisition.
Halacha 10
Different rules apply when a person transfers ownership of a field to one person and movable property to another person, even though he tells the latter: "Acquire the movable property by virtue of your colleague's acquisition of this landed property."
Although the recipient manifests ownership over the landed property, the other does not acquire the movable property. If, however, this person seizes possession of it after the seller desires to retract, it should not be removed from his possession, for he took possession of it after his colleague acquired the landed property by virtue of whose acquisition this movable property was to be acquired.
Halacha 11
When a person desires to transfer ownership over servants and landed property at the same time, although he manifests ownership over the servants, he does not acquire the landed property. Similarly, although he manifests ownership over the landed property, he does not acquire the servants unless they are standing within the landed property. Even though the seller tells the purchaser: "Acquire the servants by virtue of your acquisition of this landed property," the purchaser does not acquire the servants unless the servants are within the landed property. The rationale is that a servant goes from place to place on his own volition.
Halacha 12
When a person transfers ownership of servants and movable property at the same time, the purchaser does not acquire the servants by performing meshichah on the movable property. If he manifested his ownership over the servants, he did not acquire the movable property, unless the servant was carrying the movable property. Moreover, the servant must be bound, so that he cannot walk.
Halacha 13
The following laws apply when a person transfers ownership of both an animal and the articles it was bearing at the same time. Although he performs meshichah of the animal and acquires it - he does not acquire the articles it was bearing until he lifts up or performs meshichah on the articles themselves, if it is not customary to lift them up. The rationale is that an animal is like a walking courtyard, and thus, what it bears is not acquired by its owner. Therefore, if the animal was bound, by performing meshichah on it, one also acquires the articles it was bearing.
Halacha 14
When the seller tells the purchaser, "Perform meshichah over this animal in order to acquire the articles on it," since he does not transfer ownership of the animal itself - even if the purchaser performs meshichah on the animal while it is bound - he does not acquire the articles on it, unless he performs meshichah on those articles themselves.
Halacha 15
The following rules apply when a flowerpot with a hole was owned by one person, and the plants growing in it by another person. If the ownership of the flowerpot was transferred to the owner of the plants, he acquires it when he performs meshichah, If the ownership of the plants was transferred to the owner of the flowerpot, he does not acquire it until he manifests his ownership over the plants themselves. 16. The following rules apply when both a flowerpot with a hole and the plants growing in it were owned by one person, and he desired to transfer ownership of the entire entity to another person. If that person manifests his ownership over the flowerpot with the intent of acquiring the plants, he does not even acquire the flowerpot. If he manifests his ownership over the plants with the intent of acquiring both them and the flowerpot, he acquires the flowerpot.
This is implied by the teaching: Property that is not on lien to the seller's obligations can be acquired together with property that is on lien to the seller's obligations. For the plants in the flowerpot with a hole are considered as if they are planted in the earth. And whenever an entity is attached to the ground, it is considered to be landed property, as we have explained.
Halacha 17
As we have already explained, produce that is ready to be harvested is considered as though it has already been harvested, and can be acquired only through hagbahah or other procedures by which movable property is acquired.
Halacha 18
The following laws apply when flax is attached to the earth, but is dry and no longer needs the nurture of the earth. If the owner tells another person: "Clean the smallest portion of this land for me, and acquire it as a rental property together with all the flax on the entire surrounding field, once he uproots even the slightest amount, the renter acquires the entire quantity, on the basis of this stipulation.
If, however, the original owner transferred ownership over the flax through a sale or a gift, the recipient acquires only what he uproots, for that is what he has lifted up. The same principles apply in other analogous situations.
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Rambam:
• 3 Chapters: Nedarim Nedarim - Chapter 7, Nedarim Nedarim - Chapter 8, Nedarim Nedarim - Chapter 9
Nedarim - Chapter 7
Halacha 1
When two people are forbidden - by vow or by oath - to derive benefit from each other, they are allowed1 to return a lost article to each other, because doing so is a mitzvah.2 In a place where it is customary for the person who returns a lost article to receive a reward, the reward should be given to the Temple treasury.3 For if [the person who returns the lost article] will take the reward, he will be receiving benefit.4 If he does not take it, he will be giving the other person benefit.5
Halacha 2
They are [both] permitted [to make use of] those entities that are owned jointly by the entire Jewish people,6 e.g., the Temple Mount, its chambers, its courtyards, and a well in the midst of a highway.7 They are forbidden [to make use of] those entities that are owned jointly by all the inhabitants of that city,8 e.g., its marketplace, its bathhouse, its synagogue, its ark, and its holy texts.
Halacha 3
What can they do so that they will be permitted to use these entities? Each one of them should sign over his portion to the nasi9 or to another person and have him acquire that portion through the medium of another person.10 Thus when either of them enter a bathhouse belonging to all the members of the city or to the synagogue, he is not entering the property of the colleague [from whom he is forbidden to benefit], for each of them has relinquished his share of the place and given it away as a present.
Halacha 4
[The following laws apply when] they are both partners in a courtyard.11If it can be divided,12 they are forbidden to enter it unless it is divided and each person enters his portion. If it cannot be divided,13 each one should enter his house, saying: "I am entering my property."14 Regardless,15 they are both forbidden to place a mill or an oven there or to raise chickens in this courtyard.16
Halacha 5
When two people are partners in a courtyard17 and one of them takes an oath that the other may not benefit from him, we force the person who took the oath to sell his portion.18
If he took an oath not to benefit from the other person, he is permitted to enter his home, for he is entering his own domain.19 He may not, however, make any other use of the courtyard, as explained [in the previous halachah].20
Halacha 6
If a person from outside was forbidden to benefit from either of [the owners of the courtyard],21 he may enter the courtyard,22 for he tells [the person from whom he is forbidden to benefit]: "I am entering your colleague's domain, not yours."
Halacha 7
When a person forbids himself from benefiting from one of the nations, he is permitted to buy [an article] from them at more than the market price and sell to them at less than the market price.23 If he forbids them from benefiting from him, if they are willing, it is permitted for him to purchase from them for less than the market price and sell to them at more than the market price.24 We do not issue a decree forbidding him to sell [at less than the market price], lest he purchase [at less than the market price].25 [The rationale is that] he did not take a vow concerning only one individual, in which instance such a decree would be appropriate, but concerning an entire nation and if it is impossible for him to do business with one person, he will do business with another.26 Therefore, if he forbade himself from benefiting from them, he may lend both articles and money to them, but may not borrow either of these from them.27
Halacha 8
If he forbade them from benefiting from him and himself from benefiting from them, he should not do business with them, nor may they do business with him.28 He may not borrow an article from them or lend an article to them, nor borrow money from them or lend money from them.
Halacha 9
If he forbade himself from benefiting from the inhabitants of a city, he is forbidden to ask the sage of the city for the repeal of his vow.29 If, however, he did ask him and he released the vow, the vow is released, as explained.30
Halacha 10
When a person forbade himself from benefiting from any other people, he is permitted to derive benefit from leket, shichechah, pe'ah31 and the tithe for the poor that is distributed in the granaries,32 but not that [which is distributed] from one's home.33
Halacha 11
When a person forbade priests or Levites from benefiting from his property, they may come and take the gifts [to be separated from his produce]34 against his will.35
If he says: "These priests and these Levites [are forbidden to benefit from my property,]" they are bound by the prohibition.36 He should give his terumah and tithes to other priests and Levites. Similar laws apply with regard to the gifts for the poor37 and the poor.
Halacha 12
When it is forbidden for a person to benefit a colleague and that colleague has nothing to eat, the person may go to a storekeeper and say: "So-and-so is forbidden to benefit from me and I don't know what to do."38 It is permitted for the storekeeper to go and give [food] to the colleague and take [payment] from that person.39
13 [Similar laws apply]40 if it is necessary to build [that colleague's] house, put up a fence for him, or harvest his field. If the person from whom it was forbidden to benefit approached workers and told them: "So-and-so is forbidden to benefit from me and I don't know what to do,"41 They may then perform these activities, go back to that person, and he may pay them. For he is paying the debt of the colleague and we already explained42 that a person [from whom one is forbidden to benefit] may pay a debt for his colleague.
Halacha 14
If the two43 were traveling on a journey and [the person who is forbidden to benefit from his colleague] does not have anything to eat, [that colleague] may give [food] to another person as a present and [the person who is forbidden] is then permitted to partake of it.44 If there is no one else with them, [the person whose property is forbidden] should put [food] on a stone and say: "This [food] is considered ownerless for everyone who desires it."45 The other person may then take it and eat.46
Halacha 15
If, [however,] he gives a colleague a present [of a feast] and tells him: "This feast is given to you as a present. Let so-and-so who is forbidden to benefit from me come and eat with us," this is forbidden.47 Moreover, even if he gave the present without saying anything, but afterwards48 said: "Do you want so-and-so to come and eat with us?" it is forbidden if it appears that initially, he gave the present solely so that ultimately so-and-so could eat with them. For example, it is a large feast and he wants his father, his teacher, or the like to partake of the feast. For [the size of] the feast indicates that he did not intend to give it to him. Similar laws apply in all analogous situations.
Halacha 16
Any present that, were it to be consecrated [by the recipient], the consecration would not be effective, is not considered as a present.49
Whenever a person gives a colleague a present with the stipulation that he transfer it to another person, that other person acquires ownership at the time the first [recipient] transfers it to him.50 If the first recipient does not transfer it to that other person, neither the first, nor the second [recipient] acquires it.51
Halacha 17
[The following principle applies when a person's son-in-law is forbidden to benefit from him and he desires to give his daughter money so that she can benefit from it and spend it as she desires.52 He should give her a present and say: "This money53 is given to you as a present on the condition that your husband has no authority over it.54 Instead, it shall be used for what you put in your mouth, what you cloth yourself, and the like."55 Even if he said: "...on the condition that your husband has no authority over it. Instead, it shall be used for whatever you want to do with it,"56 the husband does not acquire it and she may do what she desires with it.
If, however, he gave her a present and told her. "...on the condition that your husband has no authority over it," but did not specify the purpose for which the present was being given or even did not say that it was intended for whatever she desires, the husband acquires it to derive benefit from it.57 This would be forbidden, because he is forbidden to benefit from his father-in-law.58
FOOTNOTES
1.And since they are allowed, they are obligated.
2.For he is not returning it as a favor to him, but instead, in fulfillment of the Torah's command [the Rambam's Commentary to the Mishnah (Nedarim 4:2).
3.Or, in the present age, to charity. This is preferable to destroying it.
4.I.e., he will be returning it for the sake of the reward and not for the sake of the mitzvah (ibid.).
5.For ordinarily the person would pay a reward for the return of the lost article.
6.Technically, the other person has a share in these places, for they are owned communally. Nevertheless, since each person's individual share is so small, these places are considered as if they are ownerless and not as communal property (see ibid. 5:4).
7.I.e.., a well built for the pilgrims' journey to Jerusalem from Babylon for the pilgrimage festivals (ibid.).
8.For in this instance, each person's share is greater and more distinct.
The Ramban and the Ran object to the Rambam's ruling, maintaining that this ruling does not apply with regard to an entity like a synagogue that cannot be divided. In such an instance, it is considered as a communal entity and the person who took the vow is allowed to make use of it. The Shulchan Aruch (Yoreh De'ah 224:1) quotes both views. See the Lechem Mishneh and the Turei Zahav 224:1 who elaborate in support of the Rambam's position.
9.The leader of the Jewish people. He is mentioned, because it is very unlikely that he will forbid a member of the people from using his property (Nedarim 48a).
10.I.e., the person acquiring the portion need not know about his acquisition. We follow the principle that a person can acquire property without his knowledge if it is to his benefit to do so (see Hilchot Zechiyah UMatanah 4:2).
11.In the Talmudic era, it was common that several houses would open up to a courtyard that was the combined property of the homeowners. In this halachah, we are speaking of an instance where two of those homeowners took vows forbidding them to benefit from each other.
12.See Hilchot Shechenim 2:1 which states that if after the division of a courtyard, each of the homeowners will receive a plot of land four cubits by four cubits as his individual property, the courtyard should be divided if one of the neighbors requests that this be done.
13.I.e., if it were to be divided, the homeowners would not receive a portion of land that size.
14.Rabbenu Nissim explains this ruling based on the principle of bereirah, i.e., retroactively, it becomes apparent that when he enters the courtyard, he is entering property that was designated as his. We are forced to accept this definition (even though generally, the principle of bereirah is not followed in questions of Scriptural Law), for there is no alternative in this instance. The person has a right to the courtyard and he cannot be forbidden from using his own property. See Siftei Cohen 226:4, Turei Zahav 226:1.
15.Whether it cannot be divided or whether it can be divided, but was not divided yet.
16.Bava Batra 57b relates that partners in a courtyard have the right to prevent each other from performing such activities. Although most partners do not exercise this right, in this instance, by failing to exercise the right, one is providing benefit to the other person (Rabbenu Nissim).
17.I.e., a courtyard to small for the owners to divide.
18.His vow imposes unnecessary hardship on the other person who has a legitimate right to the property. Hence, we compel him to sell his share of the courtyard rather than put his colleague in a situation where he might transgress.
19.The Shulchan Aruch (Yoreh De'ah 226:2) states that the person who took the vow is forbidden to enter the courtyard. The rationale is that the Rambam's understanding is accepted, except that an additional stringency is applied, lest the person remain in the courtyard for other purposes besides entering and departing his home (Siftei Cohen 226:10).
20.We do not force him to sell his portion of the courtyard because he is causing difficulty only to himself and he is willing to abide by his prohibition (Radbaz).
The Ra'avad objects to the Rambam's ruling, citing Nedarim 46a as support for his understanding. He mentions that the Jerusalem Talmud (Nedarim 5:2) appears to support the Rambam's interpretation, but states that we should abide by the principle that whenever there is a difference of opinion between the Babylonian and Jerusalem Talmuds, the perspective of the Babylonian Talmud should be followed. See the Radbaz and the Kessef Mishneh who try to reconcile the differences in the positions of the two Talmuds. As mentioned, the Shulchan Aruch follows the Rambam's understanding, but is even more stringent.
21.This is speaking about a courtyard that is too small to require division (Radbaz).
22.The Shulchan Aruch (Yoreh De'ah 226:1) states that this applies only when the other owner of the courtyard needs that person. Otherwise, he is forbidden to enter.
23.For thus he is suffering a loss every time he deals with them.
24.For they are suffering a loss every time they deal with him.
25.As a decree was made with regard to an individual. See Chapter 6, Halachah 16.
26.I.e., with regard to one individual, there is room for stringency, but this stringency is not required with regard to an entire nation, for there is (Radbaz).
27.I.e., we do not make a decree like we do with regard to an individual (Siftei Cohen 227:7).
28.For one of them, either they or he will be benefiting from the sale.
29.For this is a benefit that he is receiving.
30.For when a sage releases a vow, it is as if it never existed. Hence, it is as if he were never forbidden to approach the sage. See Chapter 4, Halachah 13, and notes.
31.Leket refers to crops that drop from a reaper's hand in the field. He is forbidden to pick them up again, but instead must leave them for the poor (Leviticus 19:10). Shichechah refers to crops or bundles forgotten in the field by accident. The harvesters may not return and collect, but must instead leave them for the poor (Deuteronomy 24:19). Pe'ah refers to a corner of the field which must be left unharvested, so that it could be harvested by the poor (Leviticus 19:9). See Hilchot Matanot Aniyim chs. 1,4, and 5 where these mitzvot are discussed.
32.In the third year of the six-year agricultural, instead of taking the second tithe to be eaten in Jerusalem in a state of holiness, it is given to the poor (Deuteronomy 14:28; Hilchot Matanot Aniyim ch. 6). The person who took the vow is allowed to benefit from these crops, because the owner of the field is not considered as giving him anything of his own. Instead, he is fulfilling a mitzvah.
33.Nedarim 83-84a explains this distinction. When the tithe for the poor is distributed in the granaries, it may be taken by a poor person without asking. The owner does not have the right to decided to whom he will give it. If, however, he has already brought produce from the tithe for the poor home, he has the right to choose to whom to give it.
34.I.e., the tithes that must be given to the Levites and terumah which must be given to the priests.
35.Since he is obligated to give these presents to the priests and Levites, he has no choice in the matter and must make these gifts. Generally, a person is allowed to decide which Levite and which priest, he desires to give these gifts to. In this instance, however, since he forbade all priests from benefiting from his property, there is no one to whom he can give it. Hence his right to decide is taken from him and any priest or Levite can come and take the portions.
36.Since the terumah and tithes may be given to others, there is no reason to take away the person's right to distribute them as he desires, for that right is of financial value (Nedarim 84b).
37.E.g., those mentioned in the previous halachah. See Siftei Cohen 227:9 and Turei Zahav 227:3 who rule that this concept also applies with regard to charity.
38.The Shulchan Aruch (Yoreh De'ah 221:8) is even more lenient and states that he may say: "Anyone who sustains so-and-so will not suffer a loss," for he is still merely intimating that one should support him. He may not say: "Whoever hears my voice should sustain so-and-so," for that it a direct command. Nor may he tell one person: "If you sustain so-and-so, you will not suffer a loss," for then it appears as if he is appointing him as an agent for this purpose.
39.Since the person did not charge the storekeeper with providing the colleague with food, he is not responsible for the account [Rama (Yoreh De'ah 221:8)]. If he, nevertheless, chooses to pay it, he is not considered to have given benefit to that colleague.
40.The Kessef Mishneh states that the two instances are not entirely analogous, for the first involves providing the person with food necessary for his livelihood, while the second involves the performance of a task that is important, but not vital for him. Perhaps this is the reason why in the preceding halachah, the Rambam stated: "The person may go to a storekeeper," i.e., he is permitted as an initial and preferred option. In this halachah, by contrast, he states: "If the person... approached workers," i.e., the Rambam is describing a law that applies after the fact, but not initially.
41.The Radbaz explains that although the previous law was mentioned, it is also necessary to state this law, because it is uncommon for workers to extend credit on money do them. This is, by contrast, a common practice for storekeepers.
42.Chapter 6, Halachah 4.
43.I.e., a person who took a vow not to benefit from a person and that person.
44.Giving a present is not permitted in the situations described in the previous halachot, because there are other alternatives. Hence it is considered as too great a leniency. In this situation, there is no other alternative and therefore it is permitted. See Siftei Cohen 221:52.
45.Generally, according to Rabbinic Law, there must be three people present when an object is declared ownerless. In this instance, however, since there is no other alternative, we do not require anything more than required by Scriptural Law (Siftei Cohen 221:53).
46.For then he is not partaking of the property of the person from whom he is forbidden to benefit, but from ownerless property.
47.For he is obviously making this gift solely so that the other person may partake of it. If it is a large feast, it is obvious that a person is not preparing it for the sake of giving it to a colleague. Nedarim 48b gives as an example, an instance where a person's father was forbidden to benefit from him. When he made a wedding feast for his son, he tried to employ this tactic to enable his father to attend.
48.The Kessef Mishneh states that there are opinions that maintain that this law applies only when the statements were made immediately after giving the feast. The wording chosen by the Rambam, however, indicates that the law applies even if he makes the statements later. The interpretation of the Kessef Mishneh is borne out by the Rambam's Commentary to the Mishnah (Nedarim 5:5).
49.I.e., the giver tells the recipient: "I did not give you the present so that you could consecrate it."
Nedarim, loc. cit., states this principle in continuation of the above story. After the son gave the wedding feast to a colleague so that his father could attend, that colleague consecrated it. When the giver, protested saying that he had not given it to him for that purpose, the recipient complained that he was not going to serve as a medium to allow the first person to break his vow. When the Sages were asked to rule about this situation, they stated the principle mentioned by the Rambam here.
50.I.e., we do not say that since the first recipient is going to give to the second, the second acquires it when it is acquired by the first. This is not a situation where the first recipient is acting as an agent for the second. Instead, he acquires it first on his own behalf and then transfers it to the other person.
51.The first does not acquire it, because it was given to him only on condition that it be transferred to the second. Since that condition was not fulfilled, his own acquisition is not binding (see Hilchot Zechiyah UMatanah 3:6). The second person does not acquire it, because ownership was never transferred to him.
52.Ordinarily, whatever a woman acquires immediately is given to her husband's jurisdiction. While she remains the legal owner, he has the legal right to control it and use the profits as he sees fit. In this instance, this would be forbidden for the son-in-law is prohibited against benefiting from his father-in-law, as the Rambam states in the conclusion of the halachah.
53.If he gives her the food itself, it is not necessary to make any stipulations (Radbaz, Siftei Cohen 222:1).
54.Tosafot Yom Tov (Nedarim 11:8) states that from Hilchot Zechiyah UMatanah 3:13, it appears that the inclusion of this part of the statement is not an absolute necessity. As long as he specifies that the present is being given for a specific purpose alone, the husband does not acquire rights to it. Rav Yosef Caro does not accept this option, however, in his Kessef Mishneh and quotes the Rambam's wording from this halachah in his Shulchan Aruch (Yoreh De'ah 222:1; see Siftei Cohen 222:2).
55.Since the father has designated the money for a specific purpose, it may be used only for that and thus the son never acquires a right to it. The rationale is closely related to the concept of a vow. Just as a vow can determine how property may be used even after it leaves the domain of the person who took the vow, so, too, the father can determine how his property may be used even after it leaves his domain.
This ruling teaches that even though it is to the husband's benefit that his wife eats or is clothed - indeed, he is responsible to provide for these needs of hers - the husband is not considered to have benefited from this present (the Rambam's Commentary to the Mishnah, Nedarim 11:8).
56.In this instance, even though the specific purpose for which the present was given was not stated at the outset, when the woman decides what she desires to do with the present, retroactively, it is as if it was given for that purpose alone.
The Ra'avad differs with the Rambam concerning this point, noting that although the law stated in the first clause is accepted by all authorities, the one stated in this clause is the subject of a difference of opinion between the Sages Rav and Shmuel in Nedarim 88b. The Rambam's ruling follows the opinion of Shmuel although generally, with regard to matters involving the Torah's prohibitions, the halachah follows that of Rav. The Radbaz and the Kessef Mishneh state that other Rishonim also follow Shmuel's perspective and give logical support for it. The Shulchan Aruch (Yoreh De'ah 222:1) quotes both views without stating which should be followed.
57.See Hilchot Zechiyah UMatanah 3:13. The rationale is that the giver does not have the prerogative of negating the rights given the husband by the Rabbis.
58.Nevertheless, the present is binding. The husband should purchase something that brings income with the money. That article belongs to his wife. He should give the proceeds to charity, since he is not allowed to benefit from them (Radbaz)
Nedarim - Chapter 8
Halacha 1
When a person takes a vow or an oath and at the time of the vow or the oath specifies a stipulation for which he is making the vow, it is as if he made the vow or the oath dependent on that matter. If the stipulation for which he took the oath is not fulfilled, he is permitted [to act is if the oath had never been taken].1
Halacha 2
What is implied? If he took an oath or vow saying: "I will not marry this-and-this woman whose father is evil" or "I will not enter this house, because there is a harmful dog within it," if they died or the father repented, he may [do so]. This is comparable to someone who says "I will not marry so-and-so..." or "...not enter this house unless the harmful factor is removed."2 Similar laws apply in all analogous situations.
Halacha 3
[A different rationale applies] when one takes a vow or an oath: "I will not marry so-and-so who is ugly," and it is discovered that she is beautiful,3 "...who is dark-skinned," and it is discovered that she is light-skinned, "...who is short," and it is discovered that she is tall, or "I am taking a vow that my wife shall not benefit from me, because she took my wallet and beat my son," and it was discovered that she did not take it or beat him. He is permitted, because the vow was taken in error. It is included among the category of inadvertent vows that are permitted.4 This does not resemble an instance where the vow was made dependent on a stipulation and that stipulation was not kept.5 For the reason for which the vow was taken never applied. Instead, it was an error [of perception].
Halacha 4
Moreover,6 even if a person saw from a distance that people were partaking of his figs and he said [concerning] them: "They are like a sacrifice for you,"7 but when he came close to them and looked [at them], he saw that they were his father and his brothers, they are permitted [to partake of them]. Even though he did not explicitly state the reason why he took a vow [forbidding] them, it is as if he did. For it is obvious that he forbade his produce to them only because he thought they were people at large.8 Similar laws apply in all analogous situations.
Halacha 5
When a person took a vow or an oath and then a factor came up that was not in his mind at the time he took the oath or the vow, he is forbidden [in the matter] until he requests a sage to release his vow.
What is implied? A person forbade himself from benefiting from so-and-so or from entering this-and-this place and that person became the city scribe9 or a synagogue was made at that place.10 Even though he said "If I knew that this person would become the scribe or that in this place a synagogue would be made, I would not have taken the vow or the oath," he is forbidden to benefit [from the person] or enter the place until he has his vow released, as we explained.11 Similar laws apply in all analogous situations.
Halacha 6
Whenever a portion of a vow is nullified, the entire vow is nullified.12 This law also applies with regard to oaths.
What is implied? A person saw from a distance that people were partaking of his figs and he said [concerning] them: "They are like a sacrifice for you," but when he came close to them and looked [at them], he saw that they were his father and people at large. Since his father is permitted [to partake of them],13 they are all permitted.14 Even if he said: "So-and-so and so-and-so are forbidden and my father is permitted, they are all permitted.15
If, however, when he reached them he said: "If I would have known that my father is with you, I would have said: 'You are all forbidden [to partake of my produce], except my father,' they are all forbidden except his father. For he revealed his intent was not to release a portion of his vow,16 but to make a vow as he did, but to make a stipulation concerning his father.17
Halacha 7
Similar [laws apply] when one says: "Wine is like a sacrifice18 for me, because wine is bad for digestion," but he was told: "Aged wine is good for digestion." If he said: "Had I known, I would not have taken the vow" or even: "Had I known, I would have said: 'Fresh wine is forbidden, but aged wine is permitted,' he is permitted [to drink] both fresh wine and aged wine.19 If, however, he said: "Had I known, I would have said: 'All wine is forbidden for me except aged wine,' he is permitted [to drink] only aged wine.20Similar laws apply in all analogous situations.
Halacha 8
Whenever a person takes a vow or an oath, we consider the motivating factor for the oath or the vow and extrapolate from it what the person's intent was. We follow his intent, not the literal meaning of his words.21
What is implied? He was carrying a load of wool or of linen and was perspiring, causing a foul odor. If he took an oath or a vow that he would never have wool or linen upon him again, he is permitted to wear woolen or linen clothes and cover himself with them. He is only forbidden to carry them on his back like a burden.
If he was wearing woolen clothing and became aggravated because of these garments and took an oath or a vow that he would never have wool upon him again, he is forbidden to wear [woolen clothes], but is permitted to carry wool and to cover himself with woolen spreads. For he intended only [to forbid] woolen clothes. Similar laws apply in all analogous situations.
Halacha 9
[Similar laws apply if] people were asking him to marry his relative,22 but he refused and they pressured him, so he took a vow or an oath that she could not benefit from him forever. Alternatively, a person divorced his wife and took an oath that she would never benefit from him. These women are permitted to derive [ordinary] benefit from him. His intent was that only [to prevent himself from] marrying them.
Halacha 10
Similarly, if a person called to his friend, [inviting him] to eat at his [home] and he took an oath or a vow not to enter his home or even drink cold water of his, he is permitted to enter his home and drink his water. His intent was only that he would not eat and drink with him at that feast.23 Similar laws apply in all analogous situations.
Halacha 11
When a person takes a vow or an oath, telling a colleague: "I will never enter your house" or "...buy your field," and [that colleague] dies or sells [the property] to someone else, [the person who took the vow] is permitted to enter the house or purchase the field from the heir or from the purchaser.24 His intent [when establishing the prohibition] was only for the time they belonged to [the original owner].25
If, by contrast, he said: "I will never enter this house" or "I will never purchase this field," even if [the original owner] dies or sells [the property] to someone else, [the person who took the vow] is forbidden.26
Halacha 12
[The following laws apply when a person] asks a colleague: "Lend me your cow," he answers him: "She is not free," and [the first person] takes an oath or a vow,27 saying: "I will never plow my field with it." If he is accustomed to plowing his field himself, he is forbidden to plow [his field with that cow], but any other person is permitted to plow [his field] with it.28 If he is not accustomed to plowing his field himself, both he and everyone else is forbidden to plow [his field] with it.29Similar laws apply in all analogous situations.
Halacha 13
When a person takes an oath or a vow that he will marry a woman, purchase a house,30 depart with a caravan, or set out to sea, we do not obligate him to marry, make the purchase, or set out immediately. Instead, he may wait until he finds something appropriate for himself.
An incident occurred concerning a woman who took a vow that she would marry anyone who asked her to marry him. Men who were not appropriate for her jumped at the opportunity. Our Sages ruled that her intent was [to marry] anyone from among those appropriate for her who asked her. Similar laws apply in all analogous situations.
Halacha 14
When a person administers a vow to a colleague or takes an oath telling him to come and take a kor of wheat or two barrels of wine for his son, [the colleague] can release the vow without asking a sage to do so. [He need only] say: "Your intent was only to honor me.31 It is a greater token of respect for me not to take [the gift].32 I already received the honor that you desired to give me through your vow."
Similarly, if one took an oath or a vow: "You may not derive any benefit from me until you give my son a kor of wheat and two barrels of wine, he can release the vow without asking a sage to do so. [He need only] say: "It is as if I received them and they reached my hand." Similar laws apply in all analogous situations.
FOOTNOTES
1.He need not seek the release of the oath (Radbaz). This law applies with regard to vows as well.
2.Even though the father dies or repents after the vow was taken, with his death or repentance, the vow is nullified, because the conditions under which it was taken no longer apply.
3.If, however, she was ugly at the time the vow was taken, but was made beautiful, the vow takes effect [Shulchan Aruch (Yoreh De'ah 232:6)].
4.See Chapter 4, Halachah 1, which states that such vows are not binding.
5.As described in the first two halachot.
6.I.e., the previous halachah describes an instance where one explicitly stated the condition under which he took the vow. This halachah, by contrast, describes a situation where the condition is not stated, but is self-apparent.
7.Which would cause them to be forbidden to eat the figs.
8.And thus the vow was taken in error.
9.And everyone in the city needs the scribe to compose legal documents for him. Hence, he no longer desires to be forbidden to benefit from him.
10.And everyone desires to be able to enter the local synagogue.
11.Hilchot Sh'vuot 6:5, 12. As stated there, the vow was not made initially in error, for at the outset, he did not desire that the person become the scribe. Hence, the oath takes effect.
The Ra'avad suggests that the statement from Halachah 3: "This does not resemble an instance where the vow was made dependent on a stipulation and that stipulation was not kept" should be included here, for this is a different category of vows than those mentioned in the previous halachot.
12.The Jerusalem Talmud, Nedarim 1:1 derives this from the exegesis of Numbers 30:3: "He shall do all that he utters from his mouth." Implied is that everything that he utters must be fulfilled or the vow does not take effect. Rabbenu Nissim gives a logical explanation for this concept. At the outset, his intent was that the vow would be kept in its entirety. If a factor arose that prevented that from taking place, it is as if the vow was taken in error.
13.As explained in Halachah 4.
14.Because the prohibition against them was mentioned in the same vow.
15.Because the vow was taken against all of the persons together. Hence, it cannot be nullified only in part.
16.For even when qualifying his statement, he still says that all of the individuals are forbidden, indicating that he did not desire to retract his original statement (Kessef Mishneh). In his Shulchan Aruch (Yoreh De'ah 232:8), Rav Yosef Caro appears to follow a slightly different rationale.
17.I.e., that the prohibition would not include his father.
18.I.e., forbidden.
19.The portion of the vow involving aged wine is nullified, because it was taken in error. And accordingly, the portion involving fresh wine is also nullified, based on the principle stated in the previous halachah.
20.For he did not seek to nullify his former vow, merely to qualify it, as stated in the conclusion of the previous halachah.
21.The Rama (Yoreh De'ah 218:1) emphasizes that this applies when a person takes a vow on his own initiative. If, however, he takes a vow in response to wording chosen by a colleague, we follow the meaning of that wording.
22.For it is desirable that a person marry his relatives (see Yevamot 62b).
23.The Radbaz states that he is even permitted to enter his home at the time of the feast.
24.For it is no longer the colleague's house or field (Siftei Cohen 216:10).
25.As emphasized by the fact that he said: "Your house" and "Your field."
26.For in this instance, the vow was not associated with the owner of the property, but with the property itself. Compare to Chapter 5, Halachot 4-5.
27.As an expression of resentment for the owner's refusal (Kessef Mishneh).
28.Since he is accustomed to plowing his field himself, we assume that his vow applied only to his own actions.
29.Since he is not accustomed to plowing his field himself, we interpret his vow as meaning that he would never have another person plow the field with it.
30.Although the standard published text of Bava Kama 80a mentions purchasing a house or marrying a woman in Eretz Yisrael, the commentaries [nor the Shulchan Aruch (Yoreh De'ah 219:1)] see no reason why the Holy Land is different from other places in this regard.
31.By giving me a present in public.
The Shulchan Aruch (Yoreh De'ah 332:20) states that the person who administered the vow need not explicitly agree to this interpretation. Even if he remains silent, we accept it. The Siftei Cohen 332:46 states that if the person specifically says that he administered the vow so that he would receive honor by having the other person receive a gift from him, his word is accepted and a sage must be approached to have the vow released.
32.For people seeing that I demur will respect me more.
Nedarim - Chapter 9
Halacha 1
With regard to vows, we follow the intent of the words people use at that place, in that language, and at that time when the vow or oath was taken.1
What is implied? A person took a vow or an oath not [to partake of] cooked food. If it was customary in that place in that language and at that time to call roasted meat and boiled meat2 also cooked food, he is forbidden to partake of all types of cooked food. If they were accustomed to use the term cooked food only to refer to meat cooked with water and spices, he is permitted [to partake of] roasted meat or boiled meat. Similarly, with regard to smoked food or food cooked in the hot springs of Tiberias. We follow the terminology used by the people of that city.
Halacha 2
[The following rules apply if a person] took a vow or an oath not to partake of salted foods. If it is customary to call all salted foods "salted food," he is forbidden to partake of all of them.3 If it is customary to use the term "salted food" to refer only to salted fish, he is only forbidden to partake of salted fish.
Halacha 3
[The following rules apply if a person] took a vow or an oath not to partake of pickled foods. If it is customary to call all pickled foods "pickled food," he is forbidden to partake of all of them.4 If it is customary to use the term "pickled food" to refer only to pickled vegetables, he is only forbidden to partake of pickled vegetables. Similar laws apply in all analogous situations.
Halacha 4
If some of the people would refer to food with one term and others would not use that term, we do not follow [the practice of] the majority. Instead, it is considered an unresolved question with regard to his vow. And whenever there is an unresolved question with regard to a vow, we rule stringently.5 If one violates the vow, however, he is not worthy of lashes.6
Halacha 5
What is implied? A person takes a vow [not to partake] of oil in a place where both olive oil and sesame seed oil is used. When most people from that place use the term "oil" without any modifier, they mean olive oil. When they refer to sesame seed oil, they call it "sesame seed oil." A minority of the populace, however, also refer to sesame seed oil with the term "oil" without a modifier. [Hence,] he is forbidden to partake of both of them, but is not liable for lashes for [partaking of] sesame seed oil. Similar laws apply in all analogous situations.
Halacha 6
Whenever an agent in a given locale would have to question [the principal if that was his intent], it is considered in the category of the substance that was mentioned to the agent when [the term is mentioned] without a modifier.
What is implied? In a place where if a person would send an agent to buy meat without using a modifier to describe the term, the agent would tell him: "I found only fish [being sold],"7 [a person who took a vow not to partake of meat] is forbidden to partake of fish as well.8 Similar laws apply in all analogous situations.
In all places, a person who takes a vow [not to partake] of meat is forbidden to partake of fowl and of the entrails,9 but is permitted to partake of grasshoppers.10 If it appears that at the time he took the vow, his intent was only to forbid meat from an animal - or meat from an animal and fowl - he is permitted [to partake] of fish even in a place where an agent would question [if fish would be considered as meat].11
Halacha 7
When a person takes a vow against partaking of cooked food, he is permitted to partake of an egg that has not been cooked until it hardens, but has merely been soft-boiled.12 When a person takes a vow [not to partake of food] boiled lightly in a pot,13 he is only forbidden [to partake] of those foods that are boiled in a pot, e.g., groats, dumplings, and the like.14 If he forbade himself from partaking of anything placed in a pot, he is forbidden to partake of all food cooked in a pot.
Halacha 8
A person who vows [not to partake] of fish is permitted to partake of brine and a dip made with fish oil.15 A person who vows [not to partake] of milk is permitted to partake of the whey, i.e., the liquid that is separated from the milk. If he vows [not to partake] of whey, he is permitted to partake of milk. If he vows [not to partake] of cheese, he is forbidden to partake of both salted cheese and unsalted cheese.16
Halacha 9
A person who vows not to partake of grains of wheat is forbidden to partake of wheat kernels whether they are fresh or cooked. If he says: "Neither wheat, nor grains of wheat will I taste,"17 he is forbidden to partake of either flour or bread. "I will not taste wheat," he is forbidden to partake of baked goods, but permitted to chew kernels of wheat. If he states: "I will not partake of grains of wheat," he is permitted to partake of baked goods, but forbidden to chew kernels of wheat. If he says: "Neither wheat, nor grains of wheat will I taste," he is forbidden to partake of baked goods, nor may he chew kernels of wheat. When a person takes a vow forbidding himself from partaking of grain, he is forbidden only [to partake of] the five species.18
Halacha 10
When a person takes a vow [not to partake of] green vegetables, he is permitted to partake of squash.19 If he takes a vow [not to partake of] leek, he is permitted to partake of the poret.20
If a person takes a vow [not to partake of] cabbage, he is forbidden to partake of the water cooked with cabbage, for the water in which food is cooked is considered as the food itself.21 If, however, he vowed not to partake of the water in which a food is cooked, he may partake of the cooked food itself.22
A person who takes a vow [not to partake of] sauce is permitted [to partake of] the spices. [One who takes a vow not to partake] of the spices is permitted [to partake of] the sauce. One who takes a vow [not to partake of] groats23 is forbidden [to partake of] the thick sauce produced by the groats.24
Halacha 11
A person who takes a vow [not to partake of] the produce of the earth is forbidden to partake of all the produce of the earth,25 but is permitted [to partake of] fungi and mushrooms.26 If he says: "Everything that grows upon the earth is [forbidden] to me," he is forbidden to partake of even fungi and mushrooms. [The rationale is that] although they do not derive their nurture from the earth, they grow upon the earth.
Halacha 12
When a person takes a vow forbidding himself from partaking of the produce of a particular year, he is forbidden to partake of all the produce of that year. He is, however, permitted to partake of kid-goats, lambs, milk, eggs, and, chicks.27 If, however, he said: "All of the products of a given year are [forbidden] to me," he is forbidden to partake of all of them.28
When a person takes a vow forbidding himself from partaking of the fruits of the kayitz, he is forbidden only to partake of figs.29
Halacha 13
In all of the above - and in analogous instances - follow this general principle: With regard to vows, we follow the intent of the words people use at that place, in that language, and at that time when the vow or oath was taken.30 Based on this principle, one should rule and say: "The person who took the vow is forbidden [to benefit from] these entities and permitted [to benefit from] these entities."
Halacha 14
When a person takes a vow [not to partake of grapes], he is permitted to partake of wine, even fresh wine.31 [If he takes a vow not to partake] of olives, he is permitted to partake of oil. [If he takes a vow not to partake] of dates, he is permitted to partake of date-honey. [If he takes a vow not to partake] of grapes that blossom in the fall,32 he is permitted to partake of vinegar that is produced from them.33
If he takes a vow not to partake] of wine, he is permitted to partake of apple wine. [If he takes a vow not to partake] of oil, he is permitted to partake of sesame seed oil. [If he takes a vow not to partake] of honey,34 he is permitted to partake of date honey. [If he takes a vow not to partake] of vinegar, he is permitted to partake of vinegar produced from grapes that blossom in the fall. [If he takes a vow not to partake] of vegetables, he is permitted to partake of vegetables that grow on their own.35 [The rationale for all of these rulings is] that [the names of] all these substances have a modifier36 and [when] the person took the vow, he referred to the substance without a modifier. Similar laws apply in all analogous situations.
Halacha 15
When a person takes a vow not to wear clothing, he is permitted [to cover himself] with sackcloth,37 a coarsely woven thick fabric,38 a thick sheet used as a rainshield.39
[When a person takes a vow not to enter] a house, he is forbidden to enter its loft. For the loft is part of the house. [If he] takes a vow [not to enter] a loft, he is permitted [to enter] the home.
[When a person takes a vow not to] use a dargeish,40 he is permitted [to use] a bed. [If he takes a vow not to use] a bed, he is forbidden to use a dargeish, because it is like a small bed.
Halacha 16
When a person takes a vow not to enter a particular house, he is forbidden to enter from the doorframe onward. When one takes a vow not to enter a particular city, he is permitted to enter its Sabbath limits.41 He is, however, forbidding to enter its outlying areas.42
Halacha 17
When a person takes a vow not to benefit from the residents of a city and a person comes and lives there for twelve months, it is forbidden for the person who took the vow to benefit from him.43 If he stays for a lesser time, it is permitted.
If he takes a vow from those who dwell in a city, he is forbidden to benefit from anyone who dwells there for 30 days. He is permitted to benefit from one who dwells there for a lesser period.44
Halacha 18
When a person takes a vow [not to benefit] from the water that flows from this-and-this spring, he is forbidden [to benefit] from all the rivers that derive nurture from it. Needless to say, this refers to those that flow directly from it. Although the name [of the body of water] has changed and it is now called "the So-and-So River" or "the So-and-So well," and we do not associate it at all with the name of the spring concerning which a vow was taken, since it is the source for these bodies of water, he is forbidden to benefit from all of them. If, however, a person takes a vow [not to benefit] from this-and-this river or spring, he is only forbidden [to benefit] from those rivers called by that name.
Halacha 19
When a person takes a vow not [to benefit] from sea-farers,45 he is permitted [to benefit] from those who dwell on the land. When he takes a vow not [to benefit] from those who dwell on the land, he is forbidden [to benefit] from sea-farers even though they set out to the Mediterranean Sea. For sea-farers are considered as among those who dwell on land.46
When he takes a vow not [to benefit] from those who see the sun, he is forbidden to benefit from the blind.47 For his intent was those who are seen by the sun. If he takes a vow not [to benefit] from those who are dark-haired, he is forbidden to benefit from men who are bald and grey-haired48 and permitted to benefit from women49 and children.50 If it customary to refer to all people as dark-haired, he is forbidden to benefit from everyone.
Halacha 20
When a person takes a vow not [to benefit] from those who rest on the Sabbath, he is forbidden [to benefit] from Jews and Samaritans.51 One who takes a vow not [to benefit] from those who make pilgrimages to Jerusalem is forbidden to benefit from the Jews and permitted to benefit from Samaritans. For his intent was to include only those for whom it is a mitzvah to make a pilgrimage to Jerusalem.52
When one takes a vow not [to benefit] from the descendants of Noah, he is permitted to benefit from the Jews.53 For the term "descendants of Noah" is used only to refer to members of other nations.
Halacha 21
When a person takes a vow not [to benefit] from the descendants of Abraham, he is permitted [to benefit] from the descendants of Yishmael and the descendants of Esau.54 He is forbidden to benefit only from the Jews,55 as [indicated by Genesis 21:12]: "Through Isaac, your offspring will be called."56 And Isaac told Jacob [ibid. 28:4]: "And I will give you the blessing of Abraham."57
Halacha 22
When a person takes a vow not [to benefit] from uncircumcised individuals, he is forbidden [to benefit] from circumcised gentiles,58 but is permitted [to benefit] from uncircumcised Jews. If he takes a vow not [to benefit] from circumcised individuals, he is forbidden [to benefit] from uncircumcised Jews, but is permitted [to benefit] from circumcised gentiles.
[The rationale is that] the foreskin is identified with the gentiles, as [Jeremiah 9:25] states: "For all the gentiles are uncircumcised. His intent is only to refer to those who are commanded concerning the circumcision and not to those who were not commanded concerning it.
Halacha 23
When a person takes a vow not [to benefit] from the Jewish people, he is forbidden [to benefit] from converts. [When a person takes a vow not to benefit] from converts, he is permitted [to benefit] from natural born Jews. When he takes a vow [not to benefit] from Israelites, he is forbidden [to benefit] from priests and Levites.59 [When he vows not to benefit] from the priests and the Levites, he is permitted to benefit from an Israelite. [When he vows not to benefit] from the priests, he is permitted to benefit from the Levites.60 [When he vows not to benefit] from the Levites, he is permitted to benefit from the priests. [When he vows not to benefit] from his sons, he is permitted to benefit from his grandchildren.61In all these and analogous matters, the laws regarding those who take a vow and an oath are the same.
FOOTNOTES
1.The Rambam's rationale is that since everything depends on the person's intent, it is logical to assume that the meaning of his statements follows the usage common at that time and place. See also Halachah 13.
One might ask: If so, why in the halachot that follow does the Rambam set out guidelines with regard to vows. The Radbaz (in his gloss to Halachah 13) explains that these guidelines should be followed only in places where there is no clarity regarding the expressions commonly used.
2.I.e., boiled without spices (Rav Avraham MinHaHar).
3.Although the Rambam's ruling runs contrary to the statements of the Mishnah (Nedarim 6:2), the Rambam relies on the principle that the determinant factor in values is the meaning attached to the terms used by people at that time and in that place. The Shulchan Aruch (Yoreh De'ah 217:3) follows the Rambam's approach.
4.Although the Rambam's ruling runs contrary to the statements of the Mishnah (Nedarim 6:2), the Rambam relies on the principle that the determinant factor in values is the meaning attached to the terms used by people at that time and in that place. The Shulchan Aruch (Yoreh De'ah 217:3) follows the Rambam's approach.
5.Since there is a possibility that a prohibition is involved, we must rule stringently.
6.For corporal punishment is inflicted only when we are certain that a prohibition has been violated.
7.I.e., he is not certain whether the principal's intent when telling him to buy meat was to buy fish or not.
8.For in that locale, it is possible that it is referred to as "meat."
9.For they are generally referred to as meat.
10.For they are not. In the present age, this principle also applies to fish. The Rama (Yoreh De'ah 217:8) goes further and states that even fowl is not usually implied by the term "meat."
11.The commentaries have noted that the Rambam's ruling is not entirely identical with that of his source (Nedarim 54a). In his Commentary to the Mishnah (Chullin 8:1), the Rambam explains this difficulty, stating that the meanings of terms used today are different than the meanings used for the same terms in the Talmudic period.
12.See the Rambam's Commentary to the Mishnah (Nedarim 6:1).
13.This is the implication of the Hebrew term used by the Rambam [Bayit Chadash (Yoreh De'ah 217)].
14.E.g., porridge (the Rambam's Commentary to the Mishnah, loc. cit.). See also Hilchot Berachot 3:4 which discusses these terms.
15.See the Rambam's Commentary to the Mishnah (Nedarim 6:3).
16.In the Talmudic and Rabbinic era, most hard cheeses were salted to preserve them.
17.The term chittim is plural, implying many kernels of grain. Chitah is singular, referring not to a single kernel, but rather to a single entity made from wheat flour (Rabbenu Nissim, as cited by the Kessef Mishneh).
18.I.e., wheat, barley, rye, oats, and spelt. Other grains, e.g., rice and millet, are not included.
19.For in Talmudic terminology, the term green vegetable refers to vegetables that are eaten raw and squash must be cooked.
20.These two species of vegetables are similar, but not identical. Therefore, the Rambam feels it necessary to make this clarification. In his Commentary to the Mishnah (Nedarim 5:7), he uses the same Arabic term to define the two species but explains that the latter is more commonly grown in Eretz Yisrael.
21.For through the cooking process, it takes on the flavor of the food (see Berachot 39a; Hilchot Berachot 8:4). In his Commentary to the Mishnah (Nedarim 5:8), the Rambam maintains that this is the meaning of the first clause of that mishnah. Rashi and others, while accepting this principle, interpret that clause differently.
22.For there is obviously a difference between the food and the liquid in which it was cooked.
23.I.e., ground beans (the Rambam's Commentary to the Mishnah, loc. cit.).
24.For it has the flavor of the groats.
25.Not only vegetables, but fruit as well [Shulchan Aruch (Yoreh De'ah 217:23)].
26.Our Rabbis explain that the terms refer to species that have little botanical difference between them. The first term refers to those mushrooms which grow on the earth and the second, to those which grow in trees. The rationale is that, as the Rambam states, these fungi do not have roots. Thus they do not derive their nurture from the earth, but from the atmosphere (see Nedarim 55b; Hilchot Ma'aser Sheni 7:4).
27.The Hebrew word peirot can also be interpreted as: "benefit accruing from." Thus these entities could be included in the term. Nevertheless, since this is not the popular usage, they are not included.
28.The Siftei Cohen 217:31 explains that this applies only when it is possible for a person to abide by this prohibition. If, however, the vow prevents him from eating enough to maintain his wellbeing, it is nullified.
29.The term kayitz has a specific meaning "fruit harvested by hand," rather than cut from the tree with a knife. Therefore, it refers to the fig harvest alone (Nedarim 61b).
30.As stated in Halachah 1. The Radbaz explains that the only reason the Rambam mentioned all the principles in the above and following halachot is to clarify the guidelines set forth by our Sages. They should be followed only in places where there is no clarity regarding the expressions commonly used.
31.Even though the wine tastes the same as grapes, since it is called by a different name, it is not considered in the same category (Siftei Cohen 216:27). This principle is reflected in all the rulings of this halachah: As long as an entity has a different name, even if its flavor is the same as another entity and even their substance is fundamentally the same, they are considered as different entities with regard to vows.
32.In his Commentary to the Mishnah (Nedarim 6:6) explains that these grapes are not fit to be eaten and instead, are used to produce vinegar.
33.The substances produced by the fruit are considered as being different from the fruit itself.
34.Although the Torah uses the term honey to refer to date-honey, in common usage, everyone understands the term as referring to bee honey (Siftei Cohen 217:22).
35.The Siftei Cohen 217:15 states that in the present age, people do not make such a distinction when referring to these vegetables.
36.I.e., they are not referred to by the name of the substance as it is used without a modifier.
37.This term refers to a weave from goat's hair (the Rambam's Commentary to the Mishnah, Nedarim 7:3).
38.This translation is taken from the above source.
39.This translation is also taken from the above source. The rationale is that none of these fabrics are considered as garments.
40.A small bed that is placed before a larger bed to use as a stepstool for the larger bed (the Rambam's Commentary to the Mishnah, Nedarim 7:4).
41.The area 2000 cubits around the city. See Hilchot Shabbat 27:1-2.
In other contexts, this area - and indeed, even further removed places - are considered as part of a city. With regard to vows, this is not the case, for we follow the terminology people commonly used (Siftei Cohen 217:35).
42.This term refers to homes that are located within 70 cubits of each other on the perimeter of the city. As long as they are within that distance of another home, they are considered as part of the city itself (Hilchot Shabbat 28:1; the Rambam's Commentary to the Mishnah, Nedarim, loc. cit.).
Nedarim 56b derives these concepts from the exegesis of Biblical verses. Joshua 5:13 states: "And while Joshua was in Jericho" and describes an event that took place while the Jews were camp on the outer reaches of the city. And when speaking about measuring the area 2000 cubits around a city, Numbers 35:5 speaks of measuring "outside the city."
43.Note the parallel to Hilchot Shechenim 6:5 which states that a person who lives in a city for twelve months becomes obligated to pay all the city's levies.
44.See the Rama (Yoreh De'ah 217:32) and the Siftei Cohen 217:37 who emphasizes that if the common terminology used at present is different, the laws are dependent on the current usages.
45.This term refers to people who set out on extended journeys, not on short jaunts.
46.For they do not remain on an ocean journey forever and ultimately, return home.
47.Even though they cannot see the sun.
48.For this term is generally used to refer to men, even if they do not have dark hair.
49.For they are referred to as being "covered-haired" (Rabbeinu Nissim).
50.For they are referred to as being "uncovered-haired" (ibid.).
51.This term refers to the people brought by the Assyrians to settle in Samaria after they exiled the Ten Tribes. At first, they converted and observed the rudiments of Judaism. Afterwards, however, they became like gentiles entirely.
52.In his Commentary to the Mishnah (Nedarim 3:8), the Rambam explains that the Samaritans despise Jerusalem and make their pilgrimages to Mount Gerizim instead. The Merkevat HaMishnah explains that since the Samaritans are converts, they do not have a right to a portion in Eretz Yisrael. Hence they are not obligated to ascend to Jerusalem for the pilgrimage festivals (see Hilchot Ma'aser Sheni 11:15).
53.Although the Jews are also of Noah's descendants, they are not popularly referred to with that term.
54.Although actually, both of these nations descended from Abraham, Yishmael being Abraham's son and Esau, Isaac's.
55.The Shulchan Aruch (Yoreh De'ah 217:40) states that this includes converts.
56.Thus excluding Yishmael and his descendants.
57.Thus excluding Esau and his descendants. In his Commentary to the Mishnah (Nedarim 3:11), the Rambam adds another point. In the covenant God made with Abraham bein habetarim, he was told that his descendants would be "strangers in a foreign land" and only Jacob's descendants - not those of Esau or Yishmael - were subjected to this decree.
58.This includes both gentiles who circumcise themselves for health reasons and those - like the Arabs - who circumcise themselves for religious reasons. The rationale is that the majority of gentiles and uncircumcised and the person made his statements with the intent of referring to the majority. See the Commentary of Rav Ovadiah of Bartenura to Nedarim, loc. cit.
59.For when the term Israelite is used, it refers to the entire Jewish people as a collective. As Yoma 66a states: "Are not the priests part of Your nation Israel?"
60.Even though in the Torah, the priests are identified as Levites at times (Deuteronomy 17:9, et al), we follow the wording used by people at large (Radbaz).
61.Although Yevamot 62b states that grandchildren are considered as children, that is not the meaning employed by people at large (Radbaz).
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Hayom Yom:
• Wednesday, Nissan 30, 5774 • 30 April 2014
"Today's Day"
Wednesday, Nissan 30, Rosh Chodesh, 15th day of the omer, 5703
Torah lessons: Chumash: K'doshim, Revi'i with Rashi.
Tehillim: 145-150.
Tanya: Even if it (p. 235)...blessed be He. (p. 235).
The following farbrengens should take place in shul: The farbrengen of s'uda shlishit,1 of Shabbat m'varchim,2 and of holidays (such as Rosh Chodesh and festive days3 of anash)4
The farbrengen of melava malka5 should be held in the private homes of anash.
FOOTNOTES
1. The third Shabbat meal.
2. The Shabbat on which the coming month is blessed.
3. Such as Chassidic festivals - Yud-tess Kislev, Yud-beis Tamuz, Yud Kislev, Yud Sh'vat, Yud-Alef Nissan, Hay Tevet, Rosh Chodesh Kislev, etc.
4. Members of the Lubavitch community.
5. "Escorting the Shabbat Queen"; the Saturday night festive meal.
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Daily Thought:
Gifted and Challenged
Gifted souls enter this world and shine. All that surround them bathe in their light and their beauty. And when they are gone, their light is missed.
Challenged souls enter, stumble and fall. They pick themselves up and fall again. Eventually, they climb to a higher tier, where more stumbling blocks await them. Their accomplishments often go unnoticed—although their stumbling is obvious to all.
But by the time they leave, new paths have been forged, obstacles leveled, and life itself has gained a new clarity for all those yet to enter.
Both are pure souls, G‑dly in essence. But while the gifted shine their light from Above, the challenged meet the enemy on its own ground. Any real change in this world is only on their account.
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