TODAY'S LAWS & CUSTOMS:
• COUNT "FORTY-THREE DAYS TO THE OMER" TONIGHT
Tomorrow is the forty-third 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 forty-three days, which are six weeks and one day, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day is Shavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Chessed sheb'Malchut -- "Kindness in Receptiveness"
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:
• EICHMANN EXECUTED (1962)
Adolf Eichmann was hanged at Ramleh Prison in Israel following his trial and conviction for his crimes against against the Jewish people, crimes against humanity and war crimes during World War II.
Eichmann was a key party in implementing of Hitler's infamous "final solution." The height of his "career" was reached in Hungary in 1944, when he managed to transport 400,000 Jews to the gas chambers in less than five weeks.
DAILY QUOTE:
It would have been fitting that the rebukes (in the Book of Deuteronomy) be pronounced by Balaam, and that the blessings (in the Parshah of Balak) be said by Moses... But G-d said: Let Moses, who loves them, rebuke them; and let Balaam, who hates them, bless them(Midrash Yalkut Shimoni)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Naso, 3rd Portion Numbers 5:1-5:10 with Rashi
• Chapter 5
1. The Lord spoke to Moses saying: א. וַיְדַבֵּר יְהוָֹה אֶל משֶׁה לֵּאמֹר:
2. Command the children of Israel to banish from the camp all those afflicted with tzara'ath or with a male discharge, and all those unclean through [contact with] the dead. ב. צַו אֶת בְּנֵי יִשְׂרָאֵל וִישַׁלְּחוּ מִן הַמַּחֲנֶה כָּל צָרוּעַ וְכָל זָב וְכֹל טָמֵא לָנָפֶשׁ:
Command the children of Israel: This section was said on the day the Mishkan was erected, and eight sections were said on that day, as it is stated in Tractate Gittin , in the chapter entitled: HaNizakin (60a, b).
צו את בני ישראל וגו': פרשה זו נאמרה ביום שהוקם המשכן, ושמנה פרשיות נאמרו בו ביום, כדאיתא במסכת גיטין בפרק הניזקין (ס א):
to banish from the camp: At the time of their encampment, there were three camps: within the hangings [of the courtyard of the Mishkan] was the camp of the Shechinah . The encampment of the Levites surrounding it-as described in the portion of Bamidbar Sinai (1:50)-was the Levite Camp; from there until the edge of the camp of the divisions, on all four sides, was the Israelite camp. Anyone afflicted with tzara’ath was expelled from all [three] of them. One with a discharge was allowed into the Israelite camp, but banned from the [other] two. And one defiled by a dead body was permitted even into the Levite [camp], and is banished only from the [camp] of the Shechinah . Our Sages derived all this from the verses [as appears] in Tractate Pesachim (67a, b).
וישלחו מן המחנה: שלש מחנות היו שם בשעת חנייתן, תוך הקלעים היא מחנה שכינה, חניית הלוים סביב כמו שמפורש בפרשת במדבר סיני היא מחנה לויה, ומשם ועד סוף מחנה הדגלים לכל ארבע הרוחות היא מחנה ישראל. הצרוע נשתלח חוץ לכולן, הזב מותר במחנה ישראל ומשולח מן השתים, וטמא לנפש מותר אף בשל לויה ואינו משולח אלא משל שכינה, וכל זה דרשו רבותינו מן המקראות במסכת פסחים (סז):
who are unclean through [contact with] the dead: Targum [Onkelos renders:] דִמְסָאָב לִטְמֵי נַפְשָׁא דֶאנָשָׁא I believe that it [the word טְמֵי] is Aramaic for human bones. There are many such examples in Gen. Rabbah (78:1; see 10:3, 28:3), such as:“Hadrian, שְׁחִיק טַמְיָא,” [meaning] may his bones be ground [to dust]. [Since only one reference reads שְׁחִיק טַמְיָא, while the others שְׁחִיק עֲצָמוֹת, I believe that Rashi means that there are many places in Gen. Rabbah where these two expressions, both referring to Hadrian, are interchangeable.]
טמא לנפש: דמסאב לטמי נפשא דאנשא. אומר אני שהוא לשון עצמות אדם בלשון ארמי, והרבה יש בב"ר אדריינוס שחיק טמיא, שחיק עצמות:
3. Both male and female you shall banish; you shall send them outside the camp, and they not defile their camps, in which I dwell among them. ג. מִזָּכָר עַד נְקֵבָה תְּשַׁלֵּחוּ אֶל מִחוּץ לַמַּחֲנֶה תְּשַׁלְּחוּם וְלֹא יְטַמְּאוּ אֶת מַחֲנֵיהֶם אֲשֶׁר אֲנִי שֹׁכֵן בְּתוֹכָם:
4. The children of Israel did so: they sent them outside the camp; as the Lord had spoken to Moses, so did the children of Israel do. ד. וַיַּעֲשׂוּ כֵן בְּנֵי יִשְׂרָאֵל וַיְשַׁלְּחוּ אוֹתָם אֶל מִחוּץ לַמַּחֲנֶה כַּאֲשֶׁר דִּבֶּר יְהוָֹה אֶל משֶׁה כֵּן עָשׂוּ בְּנֵי יִשְׂרָאֵל:
5. The Lord then spoke to Moses saying: ה. וַיְדַבֵּר יְהוָֹה אֶל משֶׁה לֵּאמֹר:
6. Tell the children of Israel: When a man or woman commits any of the sins against man to act treacherously against God, and that person is [found] guilty, ו. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל אִישׁ אוֹ אִשָּׁה כִּי יַעֲשׂוּ מִכָּל חַטֹּאת הָאָדָם לִמְעֹל מַעַל בַּיהוָֹה וְאָשְׁמָה הַנֶּפֶשׁ הַהִוא:
to act treacherously against God: [Scripture] repeats the section [dealing with] a thief who swears falsely, which is stated in parshath Vayikra : “… and acts treacherously against God by falsely denying to his fellow…” (Lev. 5:21). It is repeated here because two new matters are introduced. The first is that it is written: “they shall confess,” which teaches us that he [the thief] is not required to pay a fifth and [bring] a guilt [offering] when incriminated by two witnesses, until he admits to the deed himself, and the second [matter] is that what is stolen from a proselyte must be given to the kohanim. - [Sifrei Naso 1:13]
למעל מעל בה': הרי חזר וכתב כאן פרשת גוזל ונשבע על שקר, היא האמורה בפרשת ויקרא (ה, כא) ומעלה מעל בה' וכחש בעמיתו וגו', ונשנית כאן בשביל שני דברים שנתחדשו בה האחד, שכתב והתודו, לימד שאינו חייב חומש ואשם על פי עדים עד שיודה בדבר. והשני על גזל הגר שהוא נתון לכהנים:
7. they shall confess the sin they committed, and make restitution for the principal amount of his guilt, add its fifth to it, and give it to the one against whom he was guilty. ז. וְהִתְוַדּוּ אֶת חַטָּאתָם אֲשֶׁר עָשׂוּ וְהֵשִׁיב אֶת אֲשָׁמוֹ בְּרֹאשׁוֹ וַחֲמִישִׁתוֹ יֹסֵף עָלָיו וְנָתַן לַאֲשֶׁר אָשַׁם לוֹ:
for the principal amount of his guilt: This is the principal amount on which he has sworn [falsely]. — [B.K. 110a]
את אשמו בראשו: הוא הקרן שנשבע עליו:
to the one against whom he was guilty: The one to whom he is liable. — [Keth. 19a] [I.e., if the payee owes this amount to a third party, the thief must pay the third party.]
אשר אשם לו: למי שנתחייב לו:
8. But if the man has no kinsman to whom to make restitution, the debt which is restored to the Lord, [is to be given] to the kohen. [This is] besides the atonement ram through which expiation is made for him. ח. וְאִם אֵין לָאִישׁ גֹּאֵל לְהָשִׁיב הָאָשָׁם אֵלָיו הָאָשָׁם הַמּוּשָׁב לַיהוָֹה לַכֹּהֵן מִלְּבַד אֵיל הַכִּפֻּרִים אֲשֶׁר יְכַפֶּר בּוֹ עָלָיו:
But if the man has no kinsman: For the claimant who made him swear has died, and has left no heirs.
ואם אין לאיש גואל: שמת התובע שהשביעו, ואין לו יורשים:
to whom to make restitution: when this one decided to confess his sin. Our Sages say: Is there any man in Israel who has no kinsman-either a son, a daughter, a brother, or some other relative from his father’s family-all the way back to our father Jacob? Rather, this is [referring to] a proselyte who died, leaving no heirs. — [Sifrei Naso 1:23, B.K. 109a, Sanh. 68b] [since a proselyte is judged as a newborn, without relationship to those born prior to his conversion.]
להשיב האשם אליו: כשנמלך זה להתודות על עונו. ואמרו רבותינו וכי יש לך אדם בישראל שאין לו גואלים או בן או אח או שאר בשר הקרוב ממשפחת אביו למעלה עד יעקב, אלא זה הגר שמת ואין לו יורשים:
the debt which is restored: Heb. הָאָשָׁם הַמּוּשָׁב. The [“debt” (הָאָשָׁם) refers to the] principal and [“which is restored” (הַמּוּשָׁב) refers to] the fifth. — [B.K. 110a]
האשם המושב: זה הקרן והחומש:
to the Lord,[is to be given] to the kohen: God assumes ownership and gives it over to the kohen [on duty] in that watch. — [B.K. 109b]
לה' לכהן: קנאו השם ונתנו לכהן שבאותו משמר:
besides the atonement ram: mentioned in [parshath] Vayikra (Lev. 5:25), which he is required to bring.
מלבד איל הכפורים: האמור בויקרא (ויקרא ה כה) שהוא צריך להביא:
9. Every offering of all the children of Israel's holy things which is brought to the kohen, shall be his. ט. וְכָל תְּרוּמָה לְכָל קָדְשֵׁי בְנֵי יִשְׂרָאֵל אֲשֶׁר יַקְרִיבוּ לַכֹּהֵן לוֹ יִהְיֶה:
Every offering: Heb. תְּרוּמָה. Rabbi Ishmael said: Is the terumah brought to the kohen ? Does he not go around the granaries seeking it? So what does the clause “brought to the kohen” mean? These are the first fruits, of which it is stated, “you shall bring to the House of the Lord, your God” (Exod. 23:19), but I do not know what to do with them. Therefore, Scripture states: “to the kohen , [it] shall be his.” Scripture teaches us regarding the first fruits, that they are to be given to the kohen . — [Sifrei Naso 1:30].
וכל תרומה וגו': אמר רבי ישמעאל וכי תרומה מקריבין לכהן, והלא הוא המחזר אחריה לבית הגרנות. ומה תלמוד לומר אשר יקריבו לכהן, אלו הבכורים, שנאמר בהם תביא בית ה' אלהיך, (שמות כג, יט). ואיני יודע מה יעשה בהם, תלמוד לומר לכהן לו יהיה, בא הכתוב ולמד על הבכורים שיהיו ניתנין לכהן:
10. Everyone's holy things shall belong to him; whatever a man gives to the kohen shall be his. י. וְאִישׁ אֶת קֳדָשָׁיו לוֹ יִהְיוּ אִישׁ אֲשֶׁר יִתֵּן לַכֹּהֵן לוֹ יִהְיֶה:
A man’s holy things belong to him: Since the kohen’s and the Levite’s gifts are [explicitly] stated, one might think that they can come and appropriate them forcefully. Therefore, Scripture states: “Everyone’s holy things belong to him,” which informs us that their benefit [to give them to whichever kohen it pleases him] belongs to the owner. They [the Sages] deduced many other expository explanations from it [this clause] in the Sifrei (Naso 1:31-34). An Aggadic interpretation: “Everyone’s holy things belong to him” [means,] if one withholds his tithes and does not give them [to the kohen or Levite], those tithes shall be his, for eventually his field will produce only a tenth of its usual yield. — [See Midrash Tanchuma , R’eh 10, Pesikta d’Rav Kahana p. 96a, Tos. Ta’anith 9a. See also Tanchuma Buber, vol. 1, p. 126, \'a75, fn. 6. Apparently, Rashi and the Tosafists had a variant reading of one of these midrashim, which attributes this idea to our verse.]
ואיש את קדשיו לו יהיו: לפי שנאמרו מתנות כהונה ולויה יכול יבואו ויטלום בזרוע, תלמוד לומר ואיש את קדשיו לו יהיו, מגיד שטובת הנאתן לבעלים, ועוד מדרשים הרבה דרשו בו בספרי. ומדרש אגדה ואיש את קדשיו לו יהיו, מי שמעכב מעשרותיו ואינו נותנן, לו יהיו המעשרות, סוף שאין שדהו עושה אלא אחד מעשרה שהיתה למודה לעשות:
whatever a man gives to the kohen: The gifts to which he is entitled.
איש אשר יתן לכהן: מתנות הראויות לו:
shall be his: [He shall have] much wealth. — [Ber. 63a] \b 12\b0
לו יהיה: ממון הרבה:
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Tehillim: Psalms Chapters 120 - 134
• Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.
1. A song of ascents. I lift my eyes to the mountains-from where will my help come?
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
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Tanya: Likutei Amarim, end of Chapter 51
• Lessons in Tanya
• Tuesday, 27 Iyar 5774 - 27 May 2014
• Today in Tanya
• Likutei Amarim, end of Chapter 51
וכל כך עצמו וגברו הלבושים אשר אין סוף ברוך הוא מלביש ומסתיר בהם האור והחיות
These garments, wherein the blessed Ein Sof invests and conceals the light and vitality, are so strong and powerful
I.e., the garments are not only numerous in quantity, but they are also of such a type that their ability to conceal is greater than that of ordinary garments,
עד אשר ברא בו עולם הזה החומרי והגשמי ממש
that thereby, with this life-force and light, He created this world that is verily corporeal and physical,1
ומהווהו ומחייהו בחיות ואור אשר ממשיך ומאיר לו
and [G‑d] creates and animates it by the vitality and light which He draws down and shines forth unto it.
אור המלובש ומכוסה ומוסתר בתוך הלבושים הרבים והעצומים המעלימים ומסתירים האור והחיות
This illumination is a light that is clothed, hidden and concealed within the numerous and powerful garments, which hide and conceal the light and vitality,
עד שאין נראה ונגלה שום אור וחיות, רק דברים חומריים וגשמיים ונראים מתים
so that no light or vitality whatever is visibly revealed, but only corporeal and physical things that appear lifeless.
Gazing at corporeal things, such as at the physical orb of Earth, can cause a person to imagine them as utterly lifeless — totally devoid of any spiritual vitality.
אך בתוכם יש אור וחיות המהוה אותם מאין ליש תמיד, שלא יחזרו להיות אין ואפס כשהיו
Yet they contain light and vitality which constantly creates them ex nihilo, so that they shall not revert to nothing and naught as they had been prior to their creation.
Creation ex nihilo must be constant: the fact that the world and its creatures were already once created during the Six Days of Creation does not suffice. Rather, there must be a constant renewal of creation from its source. Thus, the G‑dly light and vitality that is responsible for creation is constantly found within created beings, albeit in a concealed fashion.
ואור זה הוא מאין סוף ברוך הוא, רק שנתלבש בלבושים רבים
This light comes from the blessed Ein Sof, except that it is clothed in many garments,
וכמו שכתוב בעץ חיים, שאור וחיות כדור הארץ החומרי הנראה לעיני בשר הוא ממלכות דמלכות דעשיה
as is written in Etz Chayim, that the light and vitality of the physical orb of Earth, which is seen by mortal eyes, is derived from Malchut of Malchut of Asiyah,
Malchut of Asiyah is the lowest Sefirah of the World of Asiyah, the lowest of the Four Worlds. Malchut itself is composed of all Ten Sefirot, the lowest of which is Malchut. Thus, Malchut of Malchut of Asiyah represents the lowest degree of the lowest level of Asiyah.
ובתוכה מלכות דיצירה וכו׳
and in it is contained Malchut of the next highest World, the World of Yetzirah, and so on; i.e., within Malchut of Yetzirah, in turn, there is contained Malchut of Beriah, and so on,
עד שבתוך כולן י׳ ספירות דאצילות
so that in all of them — within the level of Malchut of all Worlds, including the level of Malchut of Asiyah — are contained the Ten Sefirot of the loftiest World, the World of Atzilut,2
המיוחדות במאצילן אין סוף ברוך הוא
which are united with their Emanator, the blessed Ein Sof.
Thus, even the physical orb of Earth contains G‑dly light and vitality. This results from the light passing through the Sefirot of the various worlds — the Sefirot being the G‑dliness of each world — as well as through numerous and powerfully dense garments that serve to conceal this vitality.
The difference between the higher and lower worlds will be understood accordingly: The divine light and life-force is revealed to a greater extent in the higher worlds than in the lower, and within this physical world the light and life-force is completely concealed. However, this is the case merely in relation to the illumination of G‑dliness. With regard to the core and essence of the Ein Sof, there truly exists no difference between the higher and lower worlds; He is equally concealed from all and He is equally found in them all.
FOOTNOTES
1.The Rebbe comments that the Alter Rebbe writes “this world that is verily corporeal and physical,” because this world exists on a spiritual plane as well, and the Alter Rebbe is referring to the inanimate aspect of this world in which no vitality is revealed. However, those aspects of this world, such as the vegetative and animal, in which some measure of vitality is revealed, derive their life-force in a different and more revealed manner. This is so notwithstanding the fact that these levels, too, receive their vitality from Malchut of Malchut of Asiyah, as stated later on in Iggeret HaKodesh, Epistle 20 (p. 264 in the standard edition of Tanya, Vilna, 1899).
Accordingly we can also understand (a) why the Alter Rebbe goes on to state that they receive their existence ex nihilo, after having previously stated that reference is being made here to this physical and corporeal world — a world whose creation must perforce be ex nihilo; (b) the expression “which is seen by mortal eyes”; and (c) a number of other intentionally specific phrases.
The reason for all the above is that the Alter Rebbe is speaking particularly of the inanimate aspect of this world. Concerning this he soon goes on to quote the Etz Chayim, which says that this vitality emanates from Malchut of Malchut of Asiyah. However, with regard to the World of Asiyah as a whole, which also includes the spiritual World of Asiyah, the Alter Rebbe will say in ch. 52 and 53 that they derive their life-force from Malchut of Asiyah and not from Malchut of Malchut of Asiyah.
2.“See further, p. ק"מ: א. [p. 279 in the standard edition; Iggeret HaKodesh, Epistle 25]: ’The radiation that is in Atzilut pierces...and in this material world.‘” (- Note of the Rebbe.)
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Tuesday, Iyar 27, 5774 • May 27, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 119
Fruit of the Fourth Year
"All its fruit shall be holy for praise-giving to G d"—Leviticus 19:24.
We are commanded to sanctify the fruit produced by a tree in the fourth year [after its planting]. These fruit – like the Second Tithe – are brought to Jerusalem and eaten there by its owners. (The priests have no part of it.)
Fruit of the Fourth Year
Positive Commandment 119
Translated by Berel Bell
The 119th mitzvah is that we1 are commanded to treat as holy the fruit which grows in the fourth year [from when the tree was planted, called neta revai].
The source of this commandment is G‑d's statement,2 "[And in the fourth year,] all its fruit shall be holy, and it shall be something for which G‑d is praised."
The law is that it must be brought to Jerusalem and eaten there by its owners, just like ma'aser sheni. The kohanim have no share in it, as the Sifri says: "The statement3 'The sacred offerings of each individual remain his own property, [and those which are given to the kohen become his]' gives all sanctified objects to the kohen except for the thanksgiving-offering, the peace-offering, the Pesach-offering, the ma'aser-offering, ma'aser sheni, and neta revai, which belong to the owner."
The details of this mitzvah are completely explained in the final chapter of tractate Ma'aser Sheni.
FOOTNOTES
1.Regarding the fulfillment of this mitzvah outside Eretz Yisroel, see Kapach, 5731, note 73.
2.Lev. 19:24.
3.Num. 5:10.
________________________________________
Rambam:
• 1 Chapter: Mechirah Mechirah - Chapter Thirty Mechirah - Chapter Thirty
Halacha 1
When a person sells landed property or movable property to a colleague and someone acquires the property on the purchaser's behalf without the purchaser's knowledge, the option is given to the purchaser. If the purchaser desires to acquire the property, the seller cannot retract. If the purchaser does not desire to acquire the property, the property returns to its original owner.
Therefore, a deed of sale can be written for a seller even when the purchaser is not present. The purchaser, however, is always required to pay the scribe's fee. This applies even if a person sells his field because it is of inferior quality.
Halacha 2
Similarly, when a Canaanite servant buys or sells property, or whether he gives a present or a present is given to him, the option is given to the servant's owner. If he desires to perpetuate the servant's act, the servant's acts are binding. If the master does not grant his consent, the servant's acts are nullified entirely.
The master may perpetuate or nullify the servant's act with merely a verbal statement. It is not necessary that he confirm his decision with a kinyan. 3. Similarly, when a woman sells or gives a present - whether of property belonging to her husband, property defined as nichsei tzon barzel that she brought him, property that he designated for her in her marriage contract, or property defined as nichsei m'log, whether landed property or movable property - the option is given to her husband. This ruling also applies if she purchases property or if she is given a present. If her husband desires to perpetuate the transfer, it is binding. If he desires to nullify it, it is nullified entirely.
Different rules apply when a husband sells or gives away property to which his wife shares a connection - e.g., land that she brought to him that was recorded in her marriage contract, land that he designated for her in consideration of goods she brought to the marriage, or property that he designated for her in her marriage contract. Even though the purchaser has the woman confirm her husband's deeds with a kinyan, whatever he has done is nullified, because she may rationalize her actions, stating: "I did it only to generate satisfaction for my husband."
Halacha 4
If the husband sold or gave as a present nichsei m'log, whether landed property or movable property, the option is granted the woman. If she desires to nullify the sale, shemay. If, however she confirms her husband's actions, the purchaser acquires the property.
Halacha 5
The following rule applies when a husband sells movable property that is classified to be nichsei tzon barzel or movable property that he gave his wife from his own property. Although he does not have the right to do so, if he transgresses and sells or gives away such property, it is acquired by the purchasers, and his wife may not expropriate it from them.
Similarly, the husband has the right to sell all of his property, even though it is under lien to his wife's marriage contract. If she is later granted the right to expropriate the property, she will expropriate it. This applies unless she first wrote a disclaimer for the purchaser, and confirmed it with a kinyan.
Halacha 6
When a woman sells or gives nichsei tzon barzel to her husband, he does not acquire the property. Instead, she may expropriate it from him, as explained in Hilchot Ishut.
When a court sells or purchases property on behalf of orphans - whether landed property or movable property - both the purchase and sale are binding. If, however, it gives the orphans' property away as a present, the gift is of no consequence. The rationale is that a person may not give away something that does not belong to him.
The same principles apply with regard to an orphan's guardian, whether a guardian appointed by the court or one appointed by the orphan's father before his death.
Halacha 7
When a person sells or gives away property on the Sabbath - and needless to say, on the holidays - although he is punished by stripes, his deeds are binding.
Similarly, when a person enters into a kinyan chalifin on the Sabbath, the kinyan is binding. After the Sabbath, a legal record may be composed and the property transferred.
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Rambam:
• 3 Chapters: Maaser Sheini Maaser Sheini - Chapter 8, Maaser Sheini Maaser Sheini - Chapter 9, Maaser Sheini Maaser Sheini - Chapter 10
Maaser Sheini - Chapter 8
Halacha 1
When a person [used money from the second tithe to] purchase a domesticated animal for a peace offering or a non-domesticated animal for ordinary meat from a person who is not a merchant and is not precise, the hide is considered as ordinary property.1This applies even if the value of the hide is greater than the value of the meat. When, by contrast, a person purchases an animal from a merchant, the hide is not considered as ordinary property.2
Halacha 2
Similar laws apply when a person purchases jugs of wine that are sealed.3In a place where it is customary for these jugs to be sold while sealed from a person who is not a merchant, the jugs are considered as ordinary property.4 Therefore the seller must open the tops of the jugs so that they will not become ordinary property.5If the seller wishes to be stringent with himself and sell the wine in exact measure, the container is considered ordinary property.6
Halacha 3
If he purchased [the jugs of wine] while they were open7 or sealed in a place where it is customary to sell them open8 or he purchased them from a merchant who is precise in his sale,9 the jugs are not considered as ordinary property. If a person purchases baskets of figs and grapes together with their container,10 the container is not considered as ordinary property.11
Halacha 4
If a person purchases nuts, almonds, or the like, the shells are considered as ordinary property.12 If a person purchases a frond of dates,13 the frond is considered as ordinary property.14
[The following rules apply if] one purchases containers of dates. If they are pressed, the containers are considered as ordinary property.15 If not, they are not considered as ordinary property.
Halacha 5
When a person has wine16 from the second tithe and he lends17 his jugs for that [wine from] the second tithe, the second tithe does acquire the jugs, even though he seals them.
[The following laws apply if] he stored the wine in them without making any statement:18 If he designated [certain jugs] as the second tithe before he sealed their openings, the second tithe does not acquire the jugs.19 If he designated [the jugs] as the second tithe after he sealed their openings, the second tithe acquires the jugs.20 If [the owner] stored a revi'it21 of ordinary wine in the jug,22 or put oil, vinegar, brine,23 or honey from the second tithe without making any statement - whether before or after he sealed [the jugs] - the second tithe does not acquire the jugs.24
Halacha 6
When a deer that was purchased with money from the second tithe dies, it should be buried with its hide.25 If it was purchased while alive and slaughtered and then it became impure, it should be redeemed like other produce that became impure.26
[The following laws apply when a person] sets aside a dinar of money of the second tithe to purchase food against until he has exhausted its value and it becomes ordinary funds27 [and then the value of the coinage changes. For example,] the rate of exchange for a dinar was 20 me'ah.28 The person consumed ten me'ah's worth of food and then the value of the latter coinage decreased. Afterwards, the rate of exchange of a dinar was 40 me'ah. The person must spend another 20 me'ah on food before [the dinar] is considered as ordinary money.29
If the value of a me'ah increased and the rate of exchange for a dinar was ten me'ah, he must spend another five me'ah on food. Afterwards, [the dinar] is considered ordinary money.30
Halacha 7
When a person purchases produce with a sela of money from the second tithe and draws the produce into his domain, but did not pay for it before the value of the produce increased and it became worth two selaim, he is required to pay only a sela for the [produce]. [This is derived from the phrase]:31 "And he paid the money and it was acquired by him." [Implied is that the produce] is acquired by paying money.32 The profit is realized by the second tithe.33
Halacha 8
If he drew the produce into his possession when it was worth two selaim, but did not pay for it until the value of the produce decreased and it was worth only a sela, he should pay only one sela for them from the money of the second tithe. He must add another sela from ordinary funds and give it to the seller.34 If the seller was a common person, it is permitted for him to give him a second sela from money from the second tithe of demai.35
If [the purchaser] gave the seller a sela of money from the second tithe, but did not draw the produce into his possession until they were worth two [selaim], what he redeemed is redeemed36 and there is a judgment between the two of them.37
Halacha 9
If [the purchase] gave the seller two selaim of money from the second tithe, but did not draw the produce into his possession until its worth decreased to a sela, what he redeemed is redeemed,38 and the attribute of judgment must be exercised between them.39 [The rationale for these laws is that] the redemption40 of the second tithe is like drawing it into possession.41
Halacha 10
If a person possessed ordinary produce in Jerusalem and money from the second tithe outside of Jerusalem, he may say: "The holiness of that money is transferred to this produce," and partake of them there in a state of ritual purity. The money then becomes ordinary funds in its location.42
Halacha 11
If one had money from the second tithe in Jerusalem and produce outside of Jerusalem, he may say: "The holiness of this money is transferred to that produce." The money then becomes ordinary money and the produce must be brought to Jerusalem and eaten there.43 For it is not necessary that the money and the produce be in the same place when the holiness of one is transferred to the other.
Halacha 12
When a person possesses money from the second tithe in Jerusalem which he needs [for other purposes]44 and a colleague possesses ordinary produce that he desires to eat, he should tell his colleague: "The holiness of this money is transferred to your produce." Thus that produce is considered as purchased with the money of the second tithe. The colleague should then partake of them in a state of ritual purity. Thus he does not lose anything and [his] money becomes as ordinary funds.45
Halacha 13
When does the above apply? When his friend who owns the produce is a chavair.46 For produce that is definitely of the second tithe may be given only to a chavair.47 Therefore if the produce was [the second tithe of] demai, he may make such a stipulation with a common person as well.48
It is permitted to transfer the holiness of produce from the second tithe to produce or money belonging to a common person. We are not concerned that perhaps they are from the second tithe.49
Halacha 14
[The following laws apply when a person] sets aside a dinar from the second tithe to [which to transfer the holiness of food that] he eats continuously. If he proceeded to do so to the extent that less than a p'rutah's worth [of its value] remained [consecrated],50 the coin is considered as ordinary money.51
When does the above apply? With regard to [the second tithe of] demai.52With regard to produce that is definitely of the second tithe, [the coin] is not considered as ordinary money until less than a p'rutah's worth [of its value] remained [consecrated] after a fifth was added to it, e.g., less than four fifths of a p'rutah's worth [of its value] remain.53
Halacha 15
[The following laws apply when people who are] ritually impure and others who are ritually pure were eating together in Jerusalem and those who were ritually pure desired to [use their money from] the second tithe for food. They should place a sela from the second tithe aside and say: "The holiness of this sela is transferred to everything which those who are ritually pure eat."54 The sela is then considered as ordinary property, for they eat and drank its value in a state of ritual purity. [This applies] provided the people who are impure do not touch the food55 and thus cause it to contract impurity.
FOOTNOTES
1.I.e., the sacred quality of the second tithe no longer applies to it. It is as if the seller gave it to him as a present.
In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that when a seller is not meticulous in his business dealings and thinks that he sold only the meat and does not think about the hide, none of the money of the second tithe was use for the hide. Hence, the hide is considered as ordinary property.
2.For a merchant is careful about getting a full price for his merchandise and will make sure to include the value of the hide in the price. Since the person will be using the money from the second tithe for the purchase, that purchase will also encompass the hide. Hence the hide is considered as the servants and land mentioned in Chapter 7, Halachah 17, and one must eat an equivalent amount of food in Jerusalem. Although ordinarily, one may not purchase non-food items with money from the second tithe, in this instance, an exception is made, because the meat cannot be purchased without the hide. See Radbaz.
3.But not while they are open as the Rambam continues stating.
4.I.e., like the sale of the hides mentioned in the previous halachah, when an ordinary person buys or sells wine, he does not take the value of the jugs into consideration. For the container is considered as subservient to the wine it contains. Indeed, the flavor of the wine is somewhat dependent on its container. Accordingly, the two are considered as a single entity. (See Eruvin 27b which derives this concept through Biblical exegesis.) Hence, the money of the second tithe is not used for the containers.
5.By opening the jugs, the seller indicates that he desires to consider the jugs independently [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 3:13)]. By opening a jug, the seller indicates that he wants the purchaser to pour it into his own containers.
6.Since he is selling the wine at an exact fee per measure, he is not including the price of the jug in the price of the wine (Kessef Mishneh).
7.As mentioned above, opening the container is an indication that the container should be considered as an independent entity.
8.Since it is customary in this place to sell the containers open, even if one sells them while sealed, he is considered to have followed the general practice of considering the container as a separate entity.
9.Following the same reasoning as in Halachah 1.
10.I.e., the basket.
11.For the fruit is sold independently of the baskets (Radbaz).
12.For they are obviously secondary to the fruit within them. Even a merchant is not concerned about them. Hence, one may benefit from them without worrying about purchasing their worth in food to be eaten in Jerusalem.
13.The dates together with the branches from which they are suspended.
14.Since the dates are crushed, the container is obviously subservient to them, for they could not be sold without it. Hence, it is not considered as a separate entity.
15.For the containers are considered as subservient to the dates.
16.As opposed to other liquids as indicated by the conclusion of the halachah.
17.We are speaking about a person using his own jugs. Nevertheless, the term "lends" is used because the person desires to retain possession of the jugs as ordinary property. He is merely "lending" them temporarily to be used for the second tithe. In his Commentary to the Mishnah (Ma'aser Sheni 3:12), the Rambam writes that the person must make an explicit statement of the above intent.
18.I.e., he stored wine from which the second tithe had not been separated in jugs and then desired to set aside several jugs as the second tithe. This reflects a reversal of the Rambam's understanding in his Commentary to the Mishnah (loc. cit.). The Radbaz explains, however, that the two rulings are not contradictory.
19.Thus after the wine is poured out from them, he may use the jugs as ordinary property, without any further measures.
20.For the wine and the container have an integral relationship as mentioned above. Indeed, our Sages compare it to separating wine in its jug to separating fruit in its peal. Thus if the value of the wine is transferred to money, the value of the jugs must also be included (Radbaz). Nevertheless, if one drinks the wine, the jug is no longer considered as consecrated to the second tithe and may be used for other purposes (Rambam LeAm).
21.A measure of 86 or 150 cc depending on which Rabbinic authority one follows.
22.By putting ordinary wine in the jug, he indicates that he does not desire that the jug be acquired by the second tithe.
23.I.e., brine that was purchased with money from the second tithe.
24.For in contrast to wine and its containers, the containers of these liquids are not necessary for the liquid itself and are always considered as separate from them.
25.Since the animal was never eaten, the hide is not considered as a separate entity. Thus since it and the animal are consecrated with the holiness of the second tithe, they must be buried. The deer may not be redeemed, because "we do not redeem consecrated entities in order to use their meat to feed dogs [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 3:11); Hilchot Issurei Mizbeiach 2:10]. Rabbi Akiva Eiger questions this ruling, citing sources which indicate that in similar circumstances, the hide can be considered a separate entity and should be redeemed.
26.See Chapter 2, Halachah 8; Chapter 7, Halachah 1. Needless to say, this same law applies when a person purchases meat and later that meat becomes impure (Radbaz, based on the above mishnah).
27.In other words, the person set aside money that was consecrated from the second tithe. Nevertheless, instead of using that money, used ordinary money with the intent that the holiness associated with the second tithe by transferred to the ordinary money as that money was spent to purchase food.
28.The Rambam is obviously speaking in hyperbole. The ordinary exchange rate of a dinar is six me'ah (Hilchot Eruvin 1:12).
29.I.e., he must use half a dinar for food. Now, however, he value of that half a dinar in me'ah has doubled. The rationale is that the value of the coinage from the second tithe is calculated at the time and place it is transferred.
30.Again, he is using half a dinar, but now the value of that half a dinar in me'ah has been halved.
31.The Rambam's wording has attracted the attention of the commentaries who note that there is no Biblical verse which uses that exact wording. See Leviticus 27:19 which uses somewhat similar expressions.
32.The Rambam's wording has attracted the attention of the commentaries. Seemingly, the reason for the Rambam's ruling is that once the purchaser performed meshichah, he acquired the produce. Hence, when he pays for it, he pays the price at the time of its acquisition. This is not implied by the Rambam's wording. Indeed, as the Ra'avad emphasizes, the Rambam's wording implies the very opposite.
33.I.e.., he must eat the entire amount of produce according to the stringencies required of produce of the second tithe. One might think that the purchaser would profit from the rise of the value of the produce, i.e., he could eat half of it as the second tithe and use the other half as his private property. Hence, the Rambam clarifies that this is not so. The Radbaz explains the Rambam's wording, explaining that the transfer of the holiness does not take place until he pays the money, but that afterwards, the produce is acquired by the second tithe according to its price at the time of acquisition.
34.I.e., since he drew the produce into his possession when it was worth two selaim, he must pay that amount to the seller. Nevertheless, he may not pay that entire amount from the money of the second tithe, because now the produce is not worth that amount. Indeed, if the purchaser would give the seller the second sela from the money of the second tithe, the holiness of that money would not be transferred to the produce and the seller would be obligated to use it to purchase food which he would eat according to the stringencies of the second tithe.
35.In his Commentary to the Mishnah (Ma'aser Sheni 4:6), the Rambam explains the rationale for this ruling. Since we are speaking about demai, there is only a question if there is a prohibition involved. Accordingly, since a common person is more lax in his observance and will violate even more severe prohibitions, we assume that he is not precise in his observance of demai. Hence, it can be given to him. The commentaries question that explanation, for even though he is not careful in his observance, we should not be responsible for him possibly performing a transgression. See Halachah 13 where this concept is also mentioned.
36.I.e., the entire amount of produce is considered as produce of the second tithe, because as soon as the money from the second tithe is paid, its holiness is transferred to the produce.
37.I.e., were it ordinary produce, the law would be that the seller should keep his word and complete the transaction. Nevertheless, since according to Rabbinic Law, a transaction is not completed with the payment of money, but rather when the purchaser draws the object into his possession, the purchaser does have the option of retracting. If he does so, however, he must be given the adjuration mi shepara (Hilchot Mechirah 7:1). Should the seller choose that option and retract entirely, he must treat the produce in his possession as produce of the second tithe. If he still wants to carry out the sale at one sela, he must give the purchaser back a sela. The purchaser must consider all the produce as the second tithe, but the sela he was given is ordinary money.
38.I.e., the entire amount of produce is considered as produce of the second tithe, because as soon as the money from the second tithe is paid, its holiness is transferred to the produce.
39.I.e., the holiness of the second tithe is transferred to the produce. Nevertheless, from the financial point of view, the purchaser has the option of accepting the adjuration mi shepara and retracting from the transaction. If he takes that option, the seller must return the two selaim to him and from that time on, he may treat them as ordinary money. And the seller must treat the produce as produce of the second tithe.
40.The exchange of money for produce or vice versa.
41.I.e., just as a business transaction is completed when the purchaser draws it into his possession, the transfer of the holiness of the second tithe is completed upon the payment of money.
42.As the Rambam states at the conclusion of the following halachah, the money and the produce to not have to be in the same place when the holiness of one is transferred to the other.
43.In his Commentary to the Mishnah (Ma'aser Sheni 2:4), the Rambam mentions another general principle that can be derived from this law: the holiness of money in the second tithe can be transferred even when the money is in Jerusalem. As mentioned above, the holiness of produce from the second tithe may not be transferred when that produce is in Jerusalem.
44.I.e., for purposes other than food, drink, or smearing.
45.Which he may use at will, in Jerusalem or outside that holy city.
46.A person who is precise in the observance of the laws of the agricultural laws and the laws of ritual purity. See Hilchot Ma'aser, ch. 10.
47.For this produce must be eaten in a state of ritual purity and a common person is not precise in his observance of those laws. See Chapter 3, Halachot 8-9.
48.As mentioned in the notes to Halachah 8, since the obligation above is only Rabbinic in origin, we allow it to be given to a common person even if he might be lax in its observance.
49.Since the common person is not careful in his observance of the second tithe, one might think that he already separated it from his produce, but is considering it as ordinary produce regardless. Were that the case, one could not transfer the holiness of other produce from the second tithe to it [the Rambam's Commentary to the Mishnah (T'vul Yom 4:5)].
The Ra'avad cites the Tosefta (Ma'aser Sheni 4:9) which places certain limitations on making such a transfer. The Radbaz explains that it is possible that these limitations were not accepted as halachah.
50.I.e., he continued using that coin to redeem produce from the second tithe until all but less than a p'rutah's worth of the coins value had been used to redeem produce.
51.And may be used for purposes other than the purchase of food and drink. The rationale is that anything less than a p'rutah's worth of value is not financially significant [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:8)].
52.Since the obligation is only of Rabbinic origin, we are more lenient.
53.In that way, when the fifth (one fifth of the new total) is added, the worth of the entire amount will be less than a p'rutah (ibid.).
54.The Ra'avad [based on the Jerusalem Talmud (Ma'aser Sheni 2:10)] states that we are speaking about a situation where the person says: "When the person eats or drinks what he eats or drinks will be retroactively considered as the second tithe from the present time." It is necessary to make this qualification, because otherwise, at the time he eats or drinks, he will be partaking of ordinary food and the consecration would not take effect until the object no longer exists.
The Ra'avad also states that this ruling depends on the principle of bereirah, that retroactively the status of an object can be changed. The Radbaz and the Kessef Mishneh note that there is somewhat of a difficulty in ascribing such a position to the Rambam, for the Rambam maintains that in questions of Scriptural Law, the principle of bereirah does not apply. The Radbaz explains that since there is no prohibition involved, merely the question of when the transfer of holiness takes effect, all authorities agree that the principle of bereirah applies.
55.In certain instances, they may, however, touch the container in which the food is stored. See Ma'aser Sheni 2:10 and the Rambam's commentary for more details.
The commentaries suggest that the restrictions mentioned in Hilchot Ma'achalot Assurot 9:21 should also be observed.
Maaser Sheini - Chapter 9
Halacha 1
The produce of the fourth year (neta reva'i)1 is holy, as [Leviticus 19:24] states: "And in its fourth year, all of its produce shall be holy, consecrated unto God." The law applying to it is that it must be eaten in Jerusalem by its owners2in the same way as the second tithe.3 Just as the laws of the second tithe do not apply in Syria,4 so too, the laws of neta reva'i do not apply in Syria.5
With regard to neta reva'i, [Numbers 5:10] states: "A person's consecrated property shall be his."6 For there is no other consecrated property about which the Torah does not inform to whom it should be given with the exception of neta reva'i.7
Halacha 2
A person who desires to redeem neta reva'i should redeem it in the same manner as which he redeems the produce of the second tithe.8 If he redeems it for his own self, he must add a fifth [to its value].9 It may not be redeemed until it reaches the "phase of tithing,"10 as [implied by Leviticus 19:25]: "To increase its produce for you," [i.e., these laws do not apply] until [the crops] have become produce.11
[Neta reva'i] may not be redeemed while it is attached [to the ground],12 as is the law with regard to the second tithe. And it is the property of the Most High, as is the second tithe.13 Therefore, it cannot be acquired when given as a present14 unless it was given when it was not yet ripe.15
With regard to other matters, e.g., eating, drinking, and redemption, the laws that apply to it are those applying to the second tithe.
Halacha 3
When a person redeems a vineyard in its fourth year of growth, he may redeem it as grapes or he may redeem it as wine. Similarly, olives [may be redeemed as fruit or as oil].16 Other fruits, by contrast, may only be redeemed in their natural state.17
Halacha 4
The laws of shichachah, pe'ah, peret,, and ollelot do not apply to a vineyard that is in its fourth year.18 Nor should terumah and the tithes be separated from it, as they are not separated from the second tithe.19 Instead, it should be brought to Jerusalem in its entirety or redeemed and the money taken to Jerusalem [and used for food there] like the second tithe.
Halacha 5
Our Sages ordained that grapes from a vineyard in its fourth year from a radius of a one-day journey from Jerusalem should be brought there to embellish the marketplaces of Jerusalem with fruit.20 After the Temple was destroyed, it may be redeemed even directly outside the city's wall.21 Other types of produce22 may be redeemed even directly outside the city's wall even during the time the Temple was standing.
Halacha 6
How is neta reva'i redeemed? One should evaluate [the size of] a basket [of fruit] through the agency of three men who estimate how much produce would a person [want] for a sela that he would pay for this fruit when it is considered that [in addition] he would have to pay the cost of watchmen, donkey-drivers,23 and workers. After the rate is established, he should place down the money and say: "The holiness of all [the produce] gathered from this [orchard] is transferred to this money," estimating how many baskets worth a sela [the field] contains.
In the Sabbatical year,24 he should redeem the field for its worth. For in that year, there are no watchmen or workers [to pay].25 If [the orchard] was declared ownerless,26all that is necessary to deduct is the wages for gathering it.27
Halacha 7
When a person had [an orchard that was in] its fourth year of growth in the Sabbatical year when everyone is allowed equal access to it, he must mark it with mounds of earth so that [those who take the produce] will recognize [its sacred quality] and not partake of it until they redeem it.28 If [the produce is] within the [three] orlah years,29it should be marked with baked clay30 so that [people] will shun it. [We use clay instead of mounds of earth], lest the latter crumble.31 [The rationale is that] the prohibition of orlah is more severe, because benefit from it is forbidden.32
Those who are meticulous in their observance of the Torah's prohibitions33 would set aside money in the Sabbatical year and say: "The holiness of everything harvested from these fruits of the fourth year is transferred to this money."34 [The redemption must be carried out in this fashion,]35 because it is forbidden to redeem [the produce] while it is attached to the ground, as explained.36
Halacha 8
The first of Tishrei37 is the beginning of the year with regard to the reckoning of orlah and neta reva'i.
When do we begin counting the year with regard to these prohibitions? From the time the trees are planted. [A year does not have to be] from Rosh HaShanah to Rosh HaShanah. Instead, 30 days within a year are considered a year.38 [This applies] provided the planting takes root before these thirty days [begin]. How long does it take? Generally, the time for all trees to take root is two weeks.
Halacha 9
Thus when a person plants a tree 44 days before Rosh HaShanah, it is considered as if the tree had been planted for an entire year.39 Nevertheless, due to the prohibition of orlah, in the fourth year, the fruit from this planting is not permitted until the fifteenth of Shvat, which is "the New Year of the Trees."40
Halacha 10
What is implied? When a person plants a fruit tree on the fifteenth of Av41of the tenth year in the Jubilee cycle, it is considered as being orlah until the fifteenth of Shvat of the thirteenth year of the Jubilee cycle. Whatever fruit produced42 by the tree during this time is orlah, even though it did not ripen until several days43 after [that date]. From the fifteenth of Shvat from the thirteenth year of the Jubilee cycle until the fifteenth of Shvat of the fourteenth year, the produce is neta reva'i. Whatever fruit produced during this time is neta reva'i and must be redeemed.44 If the year is declared a leap year, [the produce grown in] the extra month is considered as orlah or neta reva'i.45
Halacha 11
If it was planted on the sixteenth of Av46 in the tenth year, the tenth year is not reckoned for it. Instead, it is orlah throughout the eleventh, twelfth, and thirteenth years. And it is neta reva'i from Rosh HaShanah47 of the fourteenth year until its conclusion.
Halacha 12
If one planted the tree between the first of Tishrei and the fifteenth of Shvat, he should count three years from day to day for orlah and [four years] from day to day for neta reva'i.48 I have seen Geonim who have a different approach49regarding the reckoning of orlah and neta reva'i. It is not appropriate to elaborate in rebuttal of them. Theirs is a scholarly error and we have already outlined the true path.
Halacha 13
Leaves, blossoms, sap, and fruit buds,50 are permitted in [the years of] orlah and neta reva'i.51 Grapes that were devastated by the west wind and ruined, grape seeds, grape peels, water mixed with grape dregs, the peels of pomegranates, their flowers, the shells of nuts, and seeds within a fruit are forbidden with regard to orlah52 and permitted with regard to neta reva'i.53Fruit that withers and falls from the tree are forbidden in all instances.54
FOOTNOTES
1.I.e., the fourth year of a tree's growth. This has nothing to do with the seven year agricultural cycle. This mitzvah applies to all trees, not only vines. See Berachot 35a and commentaries.
2.Sefer HaMitzvot (positive commandment 119) and Sefer HaChinuch (mitzvah 247) include this commandment among the 613 mitzvot of the Torah.
3.Because of this connection, the Rambam includes the laws pertaining to this mitzvah in this section of the Mishneh Torah. There is, however, a difference between neta reva'i and the second tithe. The second tithe must be separated by man and then it is deemed holy. Neta reva'i, by contrast, is inherently holy. There is no need for any activity on man's part.
4.See Chapter 2, Halachah 1. See Hilchot Ma'achalot Assurot 10:15.
5.Needless to say according to the Rambam, these laws do not apply in the Diaspora. The Shulchan Aruch (Yoreh De'ah 294:7) mentions the Rambam's ruling only as a minority opinion. That text rules according to Rabbenu Yonah who maintains that the mitzvah applies in the Diaspora as well as in Eretz Yisrael. The Rama adds a third view: that neta reva'i must be observed with regard to grapes, but not with regard to any other type of produce.
6.I.e., he may keep it as his own without giving it to anyone.
7.I.e., in general, the Torah instructs to have consecrated articles offered on the altar or given to a priest. The Rambam is speaking here in broad terms, for in particular - as he mentions in his statements concerning neta reva'i in Sefer HaMitzvot, loc. cit.,, quotinh the Sifri, there are other consecrated articles, e.g., the second tithe, the tithe of domesticated animals, and the peace, thanksgiving, and Paschal sacrifices, which remain the private property of the owner.
8.See Chapter 5 above. See also Hilchot Ma'achalot Assurot 10:17 for more particulars concerning this redemption.
9.I.e., in general, the Torah instructs to have consecrated articles offered on the altar or given to a priest. The Rambam is speaking here in broad terms, for in particular - as he mentions in his statements concerning neta reva'i in Sefer HaMitzvot, loc. cit.,, quotinh the Sifri, there are other consecrated articles, e.g., the second tithe, the tithe of domesticated animals, and the peace, thanksgiving, and Paschal sacrifices, which remain the private property of the owner.
10.I.e., when the produce reaches at least a third of its growth. See Hilchot Ma'aser 2:3-5.
11.I.e., developed to a state where the produce itself has begun to form.
12.The Kessef Mishneh quotes a responsa of the Ramban who states that theoretically, there are theoretical grounds to say that neta reva'i can be redeemed even while it is attached to the ground. Certainly, in the present age,, when the produce need not be redeemed for its full worth, it can be redeemed while attached.
13.See Chapter 3, Halachah 17.
14.The Kessef Mishneh quotes a responsa of the Ramban who states that theoretically, there are theoretical grounds to say that neta reva'i can be redeemed even while it is attached to the ground. Certainly, in the present age,, when the produce need not be redeemed for its full worth, it can be redeemed while attached.
15.The Rambam's ruling is somewhat difficult to accept, because unripened fruit has still reached one third of its growth. The Tzafnat Paneach (gloss to Hilchot Arachin 6:19) explains that with regard to unripened fruit, the prohibition against using it for mundane purposes takes effect immediately, but it is not endowed with its holiness until it is ready to be eaten.
16.For wine and oil are considered as ordinary uses of grapes and olives. Indeed, when the Torah refers to the obligation to tithe these fruits, it refers to them as wine and oil {the Rambam's Commentary to the Mishnah (Terumah 11:3)}.
17.For this is not the ordinary manner in which they are used. See Hilchot Terumah 11:2.
18.These are different types of presents given to the poor from one's fields, as described in Hilchot Matanot Aniyim. These requirements do not apply in a vineyard of the fourth year, because that produce does not belong to one individually, but instead, is "the property of the Most High" [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:3)].
19.I.e., if one separated the second tithe before separating terumah and the first tithe, it is not necessary to separate terumah and the first tithe from the produce separated as the second tithe.
20.The Jerusalem Talmud explains that in the time of the Temple, the people would prepare wine in a state of ritual purity. Hence, there were few grapes offered for sale in the marketplaces of the holy city. To offset that difficulty, our Sages ordained this practice.
The Rambam LeAm raises a question: It is forbidden to sell produce of the second tithe (Chapter 3, Halachah 17). Seemingly, this restriction should also apply to neta reva'i. How then should people bring their grapes to Jerusalem and sell them to merchants there who will resell them to people at large? That text explains that first the fruit should be redeemed and then sold after it was redeemed. Alternatively, there are authorities who explain that since each person will eat his grapes from the fourth year, there will be a surplus of fruit in the holy city.
21.But not within the city itself. In his Commentary to the Mishnah (loc. cit.:2), the Rambam explains that the leniency was granted because, since the city is in the hands of the gentiles, there is no point in having its marketplaces embellished.
22.Since other types of fruits were not used for wine, there was not a scarcity of them in Jerusalem's marketplaces.
23.To transport the produce.
24.The seventh year of the agricultural cycle in Eretz Yisrael. As obvious from the laws that follow, the reckoning of the years for neta reva'i continues despite that cycle.
25.For it is forbidden to work the land or guard one's field that year [the Rambam's Commentary to the Mishnah (loc. cit.:5)].
26.This applies in other years, not the Sabbatical year.
27.Like the Sabbatical year, he need not pay for guards, he may, however, have to pay for workers to harvest the produce. This does not apply in the Sabbatical year. Then each person gathers for himself (ibid.).
28.I.e., anyone is allowed to take the produce which grows in the Sabbatical year. Hence, we are afraid that an outsider will unwittingly come and take it and partake of it without redeem it. In his Commentary to the Mishnah (Ma'aser Sheni 5:1; based on Bava Kama 69a), the Rambam explains that it is necessary to make such provisions in the Sabbatical year alone. In an ordinary year, one need not do so, because it is forbidden to take produce from another person's field. Why should he? He knows the status of his own fruit and he need not make any provisions so that a thief will not transgress the prohibition against partaking of this produce.
29.I.e., the first three years if its growth when it is forbidden to partake of it entirely.
30.Our translation is taken from the Rambam's Commentary to the Mishnah (loc. cit.).
31.And the sign not be noticed.
32.See Chapter 10, Halachah 2, Hilchot Ma'achalot Assurot 10:10. There is no prohibition against benefiting from fruits of the fourth year, by contrast.
33.Our translation is taken from the Rambam's Commentary to the Mishnah (loc. cit.).
34.This will remove any possibility of a person transgressing, for as the produce is harvested, its holiness will be transferred to the money.
35.I.e., there is a problem with redeeming the produce in this manner, because redeeming the produce in this manner, resembles the concept of bereirah, i.e., the money is set aside at the outset and the consecration takes effect only retroactively. According to the Rambam, bereirah is not effective in questions involving Scriptural Law. In truth, however, in this instance, we are not relying on bereirah, because the money is set aside and the redemption does not take place until the produce is harvested (Radbaz).
In addition, there is a further problem. When the reaper takes the produce, it is no longer in the owner's possession, and hence, one might think that it is not in his power to redeem it (see the Responsa of the Ramban, quoted by the Kessef Mishneh). For these reasons, it is not fully desirable to redeem the produce in this manner, but there is no real alternative as the Rambam continues to explain.
36.See Halachah 2.
37.I.e., Rosh HaShanah. See the following halachah with regard to the consideration given to the 15th of Shvat (Tu BeShvat) which is "the New Year of the Trees."
38.I.e., we count neither from the "birthday" of each tree, nor from Rosh HaShanah. Rather the first year is considered as from the time the tree is planted and then each year, we begin count the coming years from Rosh HaShanah.
The concept that 30 days can be considered as a year is relevant in other halachic contexts. See Hilchot Ishut 2:4; Hilchot Ma'aseh HaKorbanot 1:14.
39.Note the parallel in Hilchot Shemitah 3:11.
40.Similarly, in the fifth year, until Tu BeShvat, the produce is considered as neta reva'i.
41.Thus there are 44 complete days before Rosh HaShanah. The same laws apply to any tree planted between Tu BeShvat and that date.
42.I.e., it reached the "phase of tithing," one third of its growth. See Chapter 1, Halachah 2; Hilchot Shemitah 4:9. See also Shulchan Aruch (Yoreh De'ah 294:4).
43.Or weeks.
44.Or taken to Jerusalem.
45.Since the Torah speaks in terms of years and does not mention twelve months, all of the produce that grows during the year is included in the prohibition (Radbaz).
46.This holds true for any tree planted between the 16th of Av and Rosh HaShanah.
47.I.e., the reckoning is made from Rosh HaShanah, not from the fifteenth of Shvat. Although there are Rishonim who maintain that in this instance as well, we should reckon from the fifteenth of Shvat, the Ra'avad cites proof from the Jerusalem Talmud (Rosh HaShanah 1:2) to support the Rambam's view.
48.Despite the Ra'avad's interpretation that the years should be counted from Tu BeShvat, Rav Yosef Corcus and the Kessef Mishneh interpret the Rambam's words simply: We count three years from the day was planted (or perhaps two weeks later, to allow for rooting). Thus if a tree was planted on the 28th of Tishrei, three years later on the 28th of Tishrei, its fruit is permitted as neta reva'i.
49.The Kessef Mishneh interprets this as referring to the approach of the Halachot Gedolot (as quoted by Tosafot, Rosh HaShanah 10a), Rabbenu Shimshon (Ma'aser Sheni 5:1), and Rabbenu Asher (at the conclusion of his Hilchot Orlah).
50.Our definition of all these terms is based on the Rambam's Commentary to the Mishnah (Orlah 1:7).
51.For the prohibition is against partaking of fruit and these are not fruit (ibid.).
52.Because it is forbidden to derive any benefit whatsoever from orlah (ibid.:8).
53.For the prohibition against neta reva'i involves only eating and these are not considered as food.
54.With regard to both prohibitions.
Maaser Sheini - Chapter 10
Halacha 1
[The restrictions of] neta reva'i applies to all [plants to which] the prohibition of orlah applies.1 And all [plants] that are exempt from orlah are not obligated for neta reva'i, as [Leviticus 19:23-24] states: "For three years [your plants] will be orlah.... In the fourth year..."2
Halacha 2
When a person plants a fruit tree with the intent that it serve as a hedge for a garden or he planted it to use it as lumber and not for its fruit, it is exempt from the prohibition of orlah.3 If he planted it to serve as a hedge and then change his mind and thought to use its fruit or he planted it for the sake of its fruit and then thought to use it as a hedge, since an intent that obligates it was involved, he is liable.4 If he planted it for three years as a hedge and afterwards, intended to use it for food, the laws of neta reva'i do not apply,5 because whenever the laws of orlah do not apply, the laws of neta reva'i do not apply.
Halacha 3
When one planted a tree with the intent that inner side will produce food and the outer side will serve as a hedge or the lower portion will produce food and the upper portion will serve as a hedge,6 the portion that was intended for food is liable in the prohibitions of orlah and the portion intended as a hedge or for lumber is exempt. For the matter is dependent on the intent of the one who plants it.
The prohibition of orlah applies to only the caper berries of the caper tree, but its leaves are permitted.7
Halacha 4
When a person plants trees for the sake of people at large8 in his own field, the prohibition of orlah applies. For the term "And you shall plant..."9[used in the prooftext cited above] implies even for the sake of people at large.
When does the above apply? In Eretz Yisrael. In the Diaspora, by contrast, [such trees] are exempt.10
Halacha 5
When a person plants trees in the public domain11 or on a ship,12 when trees grow on their own accord13 in a private domain,14 when a gentile plants a tree whether for himself15 or for a Jew,16 or when a thief plants a tree,17 the laws of orlah and neta reva'i apply.
Halacha 6
[Trees] that grow on their own accord in rocky terrain18 are exempt.19 Even one who plants trees in an unsettled place is exempt, provided the tree does not produce enough fruit so that it would be worthwhile for a person to care for its produce until he brings it to a settled land.20 If, however, the tree produces enough that it is worthwhile to maintain it, the prohibition of orlah applies to it.
Halacha 7
When a person plants a tree for the sake of a mitzvah, e.g., he plants an esrog21 tree [to fulfill] the mitzvah of lulav [and esrog] or an olive tree [to produce oil] for the Menorah,22 the prohibition of orlah applies.23 If he consecrated [a tree] and then planted it, it is exempt.24 If he planted it and then consecrated it, the prohibition of orlah applies.25
Halacha 8
When a person plants [a tree] in a flowerpot26 without a hole, the prohibition of orlah applies. [Although planting in such a pot] is not considered as [planting] in the earth with regard to smaller plants, it is considered as planting in the earth with regard to trees.27
Halacha 9
When a tree is planted in a house, the prohibition of orlah applies. Trees planted by gentiles before our ancestors entered the [Holy] Land28 were exempt.29 After our ancestors entered the land, the prohibition applies even to [trees] planted by gentiles,30 as Leviticus 19:23] states: "When you enter the land and you plant...." [The prohibition begins from] the time of the entry into the land.
Halacha 10
When a gentile grafts31 a fruit tree on a non-fruitbearing tree, the prohibition of orlah applies.32 If a gentile desires to observe the mitzvah of neta reva'i,33 its laws apply to him and it is consecrated like neta reva'i belonging to a Jew.
Halacha 11
[With regard to] the prohibition of orlah, [planting a tree refers to] planting a seed,34 a bough from a tree, or uprooting the entire tree from one place and planting it in another.35 We begin counting [the three years] from the time of the planting.36
[The following laws apply if] a tree was shaken from its place, but not uprooted and then one filled the surrounding area with earth.37 If it could live without the surroundings having been filled with earth,38 is exempt. If not, it is considered as if it was uprooted and replanted and the prohibition does apply.
Halacha 12
Similarly, when a tree was uprooted and there remained a root, even one as thin as a needle over which embroiderers wind thread,39 if one returned it to its original place and replanted it, it is exempt [from the prohibitions of orlah], because it could live.40
[The following rules apply if] the tree was uprooted entirely together with the clod of earth41 to which its roots were attached and he replanted it as it is, together with that earth. If it could live from that clod of earth even if it was not replanted, it is as if it was not uprooted. If not, [the laws of orlah] apply.
Halacha 13
When a tree was cut down from above the earth42 and [a new tree grew from its roots], the prohibition of orlah applies.43 [The three years] are counted from the time [the first tree] was cut down.
Halacha 14
Whether one plants a tree, one extends one,44 or grafts it, [the laws of orlah] apply. When does the above apply? When one cut off a bough from the tree and planted it in the earth or grafted it to another plant. If, however, one extended a branch of an elder plant and then implanted it in the earth or grafted it onto another tree,45 [leaving] the bough connected to the elder tree, [the new growth] is exempt [from the prohibition of orlah].
Halacha 15
If the new growth which was originally extended grew and produced fruit and, afterwards, the source from which it was connected to the elder tree was separated, we count [the years of orlah] from the time that it was separated.46 The fruit [that was growing on the tree before it was separated] is, however, permitted, because it grew while permitted. If he left [the fruit on the new tree] after the connection to the original tree was severed until their growth increased by a two-hundredth,47 the fruit is forbidden.48
Halacha 16
When a young tree49 was grafted on to an elder tree and there were fruit on the younger tree, the fruit on the younger tree50 are forbidden even if the fruit increases 200 times its size.51 For the basic fruit that comes from a forbidden entity52 cannot be elevated by the new permitted substances that grow.
Halacha 17
[The following rule applies when] a branch was extended from a tree and implanted in the earth and afterwards, the tree itself was entirely uprooted and it derives its nurture only from the branch implanted in the earth. The tree is considered as if it was planted at this time and the prohibition of orlah applies to it.53 [The three years] are counted for the tree and for whatever grew from the implanted branch from the time it was uprooted.54
Halacha 18
When a person extended a branch and implanted it in the earth and it grew, he then extended and implanted a branch from the new growth and it grew, and then he extended and implanted a branch from the third growth - and continued doing so even for 100 implants each connected with each other - since the connection with the primary plant has not been severed, all [of the fruit]55 is permitted.56 If [the connection to] the original plant is severed,57 [the orlah years] are counted from the time of the severance.
Halacha 19
A tree which grows from a stump is exempt from the prohibitions of orlah.58 [If it grows] from the roots,59 the prohibition of orlah applies.60
The prohibition of orlah applies to a dwarf vine which is less than a handbreadth high throughout its entire life,61 because it looks like a tree that is one year old. When does the above apply? To one tree or to [a group of five, planted in a pattern where] two are planted opposite another pair and a fifth is planted behind them.62 If, however, an entire vineyard is less than a handbreadth high, it would be a matter of common knowledge and its age is calculated in the same way as other trees.
Halacha 20
We may plant a branch from a tree that is orlah,63 but we may not plant a nut that is orlah, because it is produce and it is forbidden to benefit from it, as we explained in Hilchot Ma'achalot Assurot.64 If one transgressed and planted a nut that is orlah, [the tree] that grows from it is permitted like other trees.65
Halacha 21
Similarly, one may not graft underdeveloped clusters of dates,66 because they are considered as food. If one transgressed and grafted them, the fruits are permitted. [The rationale is that] whenever an entity has two causes, one forbidden67and one which is permitted,68 since it comes as a result of both of them, it is permitted. Therefore [a plant] that grows from fruit that is orlah is permitted, because its growth was caused by the forbidden fruit and the earth which is permitted.
FOOTNOTES
1.This is speaking about plants within Eretz Yisrael. As mentioned above, according to the Rambam, the laws of neta reva'i do not apply in the Diaspora (Kessef Mishneh).
2.Since the Torah mentions them in direct sequence with each other, we assume that it is referring to the same type of trees in both instances.
3.In his Commentary to the Mishnah (Orlah 1:1), the Rambam explains that this concept is alluded to by Leviticus 19:23. When that verse states the prohibition against orlah, it says: "When you plant a tree of which you eat...," i.e., for the prohibition to apply, one must have the intent of partaking of the tree's fruit.
The Shulchan Aruch (Yoreh De'ah 294:23) states that it must be evident that the owner did not desire to grow the trees for their fruit, e.g., he planted them to close together to grow fruit properly.
4.The three years of orlah are counted from the time the tree is planted regardless of when he thought of using it for food (Radbaz).
5.Similarly, the prohibition of orlah does not apply, because he did not have the intent of growing it for its fruit until the three years in which the prohibition of orlah would apply were completed.
6.The converse is also true. Even when the lower portion is prohibited because it was intended for food and the upper portion is permitted, because it was intended to be used as a hedge, we do not say that the lower portion causes the upper portion to be forbidden. Even though it grows from it, it remains permitted [Shulchan Aruch (Yoreh De'ah294:23; Siftei Cohen 294:34).
7.Although they are edible, they are not considered as food to this extent. The Shulchan Aruch (Yoreh De'ah 294:3) differs and accepts the Rambam's ruling only in the Diaspora. In Eretz Yisrael, even the leaves are considered as food.
8.I.e., he does not plant the trees in order to partake of the food himself, but to leave it as ownerless, for any passers by to partake of them (the Rambam's Commentary to the Mishnah (Orlah 1:2)].
9.More particularly, Pesachim 23a and the Sifra (as quoted in the Rambam's Commentary to the Mishnah) derive this concept from the word lachem in that prooftext.
10.The rationale for this ruling is that there is a difference of opinion concerning this ruling and we follow the general principle (Berachot 36a): Whenever a Sage rules leniently with regard to the situation in Eretz Yisrael, we follow his opinion in the Diaspora."
11.In all the situations mentioned in this halachah, there is reason to think that the prohibition of orlah does not apply. When trees are planted in the public domain, the land is not his. Based on the Jerusalem Talmud (Orlah 2:1), we can conclude that we are speaking about an instance where the person plants for his own self. If he plants trees in the public domain for people at large, the prohibition of orlah does not apply.
12.One might think that since the ship is not connected to the ground, the prohibition of orlah does not apply. Instead, however, the ship is considered as a large flowerpot in which instance, a tree planted within it is obligated in the laws of orlah, as stated in Halachah 8.
13.Since no one planted them, one might think the prohibition of orlah does not apply.
14.If, however, trees grow by their own accord in the public domain, they are ownerless and the prohibition of orlah does not apply [the Rambam's Commentary to the Mishnah (Orlah 1:2)].
15.I.e., and afterwards, a Jew purchased the tree from him (ibid.).
The above explanation is taken from Rav Kappach's translation of the Rambam's Commentary to the Mishnah and is also reflected in one of the Rambam's responsa. In Rav Kappach's notes, he explains that this represents an emendation of his original text (which is printed in the standard translations of the Commentary to the Mishnah). Those texts state that even if a gentile raises a tree himself, the prohibition of orlah apply. That view is followed by the Shulchan Aruch (Yoreh De'ah 294:8).
16.Since a gentile is not obligated in any of the mitzvot, one might think the prohibition of orlah does not apply. See also Halachah 9.
17.We are not speaking about a person who steals land, because the ownership of the land is never stolen. At all times, it and the trees that grow on it are the property of the original owner (Bava Kama 117a). Instead, we are speaking about a person who stole a sapling and planted it. Whether or not the owner despairs of his loss, the prohibition of orlah apply.
18.This law is taken from the Jerusalem Talmud (Orlah 1:1), only the standard versions of that text read chorshin, "forests," instead of torshin, "rocky terrain." Rav Yosef Corcus suggests that the version of the Jerusalem Talmud available to the Rambam read like his text here. The Radbaz and the Kessef Mishneh suggest emending the text here to read like the standard version of the Jerusalem Talmud.
19.This applies even if the rocky terrain is a person's private property. We are forced to say that for the previous halachah already mentioned a tree that grew on its own accord in the public domain (Radbaz).
The rationale for this law is that since the soil is not good, the trees will not grow well and will only produce a minimal amount of fruit. Hence, it is considered as if one has planted these trees for purposes other than their fruit and the prohibition of orlah does not apply as stated in Halachah 2.
20.Even if the person who planted the tree shows concern for the tree's fruit, he is not considered to have planted a tree for the purpose of fruit, for the nature of the situation prevents us from considering it as such.
21.When quoting this law, the Shulchan Aruch (Yoreh De'ah 294:24) mentions both planting a lulav and an esrog. That version is also acceptable, because the tree used for the lulav must be a date palm whose species produce edible fruit.
22.The candelabrum in the Temple.
23.For even though he is not seeking personal benefit from the fruit, he is seeking to use it for a mitzvah. Thus his intent is on the fruit itself.
24.Because the prohibition of orlah does not apply to consecrated property.
25.Because as soon as the tree was planted, the prohibition of orlah took effect. The obligation to observe them is not nullified by the consecration of the tree.
26.Whether of wood or earthenware (Radbaz).
27.A smaller plant that is planted in a flowerpot without a hole does not derive nurture from the ground. A tree's roots, by contrast, have more power and can derive nurture from the ground even when there is no hole [Jerusalem Talmud (Orlah 1:2)].
28.Before the conquest of the land by Joshua.
29.This law is not merely a historical point. It shares an element of contemporary relevance. At present, all of the agricultural laws relevant to Eretz Yisrael are observed only by virtue of Rabbinic decree. It will not be until the entire Jewish people return in the era of Mashiach, that these mitzvot will have the status of Scriptural commandments (see Hilchot Terumah 1:26 and notes). Thus the prohibition of orlah does not apply to trees planted by gentiles in Eretz Yisrael at present. If such trees are less than three years of age when Mashiach leads the entire people back into the land, the laws of orlah will not apply to them (Rambam LeAm).
30.If the plant for the sake of a Jew, as stated in the notes to Halachah 5.
31.As stated in Halachah 14, grafting is equivalent to planting.
32.It is forbidden for a Jew to make such a graft. Once it is made, however, a Jew can benefit from the fruit. He must, however, wait the three orlah years (Radbaz).
33.See Hilchot Melachim 10:10 which states that, with a few exceptions, if a gentile desires, he may observe any of the mitzvot of the Torah and he receives a reward for doing so.
34.The Radbaz mentions that in warmer climates, it is possible for a tree to grow from a seed to the point that it can produce fruit in three years. In his Guide to the Perplexed, Vol. III., ch. 37, the Rambam states that the Torah mentions three years because it speaks about the majority of instances where trees are grown by planting boughs from other trees.
35.Rambam LeAm questions why it is necessary for the Rambam to mention "another place." Even if he replanted the tree in its original place, the laws of orlah spply.
36.I.e., in the case of a replanted tree, we do not consider the years it grew in its previous place.
37.Replanting it, as it were.
38.I.e., if the connection via its roots was strong enough to sustain it without filling the earth in around its roots.
39.See the Rambam's Commentary to the Mishnah (Orlah 1:4; Keilim 11:15; 13:5) for a more particular definition of this term.
40.That thin root would be sufficient to provide it with its nurture even if one would not have replanted it.
41.The Rambam, quoting Orlah 1:3, uses the term sela, usually translated as "rock" for the clod of earth, because the earth hardens around the mass of roots, as he explains in his Commentary to the Mishnah.
42.The Rambam's wording implies that if the stump of the tree is above the earth, the laws of orlah do not apply. The commentaries have noted that this ruling appears to conflict with his ruling in Hilchot Shemitah 3:8.
43.For this is considered like a new tree. See also Halachah 19.
44.Havrachah, translated as "extending," is a technique that was used particular with regard to vines. After a vine had grown for a long time, the head of the vine is planted in the ground where it grows new roots and thus has the potential to better nurture the new growth. As evident from the continuation of the halachah, sometimes the connection to the original vine is severed and it continues to grow as entirely independent plant. Other times, the connection is allowed to continue and then it is considered only as an extension of the original plant. See the Rambam's Commentary to the Mishnah (Orlah 1:5) and the Shulchan Aruch (Yoreh De'ah 294:16).
45.Thus the grafted branch will be receiving nurture from two sources (ibid.).
46.For severing the connection is considered like planting it.
47.See Hilchot Kilayim 5:22 which explains how this measure is calculated.
48.For the prohibition of orlah is nullified in a mixture one/twohundredth the size of the forbidden matter. In the instance mentioned above, once the connection to the original tree is severed, everything which grows is considered as orlah. Thus the fruit remaining on the tree has both permitted and forbidden elements to its existence. If it grows more than the amount stated above, the prohibited substance within it is not nullified and it causes the entire fruit to become forbidden.
49.I.e., one that was not yet three years old.
50.Which are forbidden because they are orlah.
51.From the Rambam's wording [which is quoted by the Shulchan Aruch (Yoreh De'ah 294:22), the Siftei Cohen 294:32 infers that the new fruit that grows on the grafted branch afterwards is permitted.
52.I.e., since at the outset, this fruit was forbidden, its fundamental nature is considered as forbidden and everything added to it is incidental.
53.Since its original connection to the earth was severed, the tree is considered as having been planted at this time.
54.For until then, whatever grew from the implanted branch was considered as part of the original tree and the years of orlah were never counted for it. Even though the years of orlah were counted for the original tree, since it is now being considered as part of the implanted branch, we must count the years of orlah again.
55.Even from the later implants.
56.Because they are all considered as part of the original plant.
57.The implanted plants are considered as new entities and the prohibition of orlah applies to them.
58.For the new growth is considered as an extension of the previous tree.
59.I.e., it did not have a portion that projects above the ground (Bava Batra 82a).
60.For it is considered as an entirely new tree.
61.This is a Rabbinic decree, enacted for the reason stated by the Rambam.
62.This was a common pattern to plant trees and was referred to as "a small vineyard" (Hilchot Kilayim 7:7). Even though it is a separate entity, because it is small, it is subject to the above Rabbinic decree.
63.Because the prohibition against orlah applies only to the fruit and not to the plant as a whole [the Rambam's Commentary to the Mishnah (Orlah1:9)].
64.Chapter 10, Halachah 9.
65.It is even permitted to partake of its fruit, as explained in the following halachah.
66.Our translation is taken from Rav Kappach's translation of the Rambam's Commentary to the Mishnah (loc. cit.). The standard published text of that work and similarly, the gloss of the Radbaz to this halachah understands the term differently.
67.The date cluster.
68.The permitted date tree.
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Hayom Yom:
• Tuesday, Iyar 27, 5774 • 27 May 2014
Tuesday, Iyar 27, 42nd day of the omer
Tuesday, Iyar 27, 42nd day of the omer, 5703
Torah lessons: Chumash: Bamidbar, Shlishi with Rashi.
Tehillim: 120-134.
Tanya: These garments, (p. 269)...the blessed En Sof.(p. 271).
My father1 related that he heard from his father2 quoting his father (the Tzemach Tzedek), who heard the Alter Rebbe refer to himself as the son of the Maggid (his Rebbe), and as the grandson of the Baal Shem Tov.
FOOTNOTES
1. R. Shalom Dovber.
2. R. Shmuel.
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Daily Thought
Torah and Us
The Torah and a Jew are one.
So much so, that even a Jew who claims he has no connection with the Torah—when pushed up against a wall, even that Jew will hold the Torah as the most precious thing in life.
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