TODAY'S LAWS & CUSTOMS:
• COUNT "FORTY-FOUR DAYS TO THE OMER" TONIGHT
Tomorrow is the forty-fourth 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-four days, which are six weeks and two days, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day is Shavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Gevurah sheb'Malchut -- "Restraint 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:
• PASSING OF SAMUEL (877 BCE)
The prophet Samuel (931-877 BCE) was one of the most important figures in Jewish history; our sages describe him as the equivalent of "Moses and Aaron combined." Samuel was the last of the Shoftim ("Judges") who led the people of Israel in the four centuries between the passing of Joshua and the establishment of the monarchy, and the author of the biblical books of "Judges", "Samuel" and "Ruth"
Samuel was born in the year 2830 from creation (931 BCE) after his barren mother, Chanah (Hannah), prayed for a child at the Sanctuary at Shiloh and pledged, "O L-rd of hosts... If You will give Your maidservant a man child, I shall dedicate him to G-d all the days of his life..." (I Samuel 1:11). At age two, his mother brought him to Shiloh in fulfillment of her vow, where he was raised by Eli the High Priest; shortly thereafter, Samuel had his first prophetic communication (described in I Samuel 3). In 890 BCE, Samuel succeeded Eli as leader of the Jewish people.
After ten years under Samuel's guidance, the people approached him with the request, "Appoint for us a king... like all the nations around us." Samuel disapproved of their request, believing that the people of Israel should be subject only to G-d and not to any mortal king; but G-d instructed him to do as the people ask. Samuel then anointed (879 BCE) Saul as the first king of Israel. When Saul disobeyed G-d during the war on Amalek, Samuel proclaimed David the legitimate king in Saul's stead.
Shortly thereafter, Samuel passed away in his birthplace, Ramah, in the hills of Judah, on the 28th of Iyar of the year 2884 from creation (877 BCE).
• JERUSALEM LIBERATED (1967)
The Old City of Jerusalem and the Temple Mount were liberated during the 1967 Six-Day War (see “Today in Jewish History” for Iyar 26). The day is marked in Israel as “Jerusalem Day.”
DAILY QUOTE:
To what may the tongue be compared? To a dog tied with an iron chain and locked in a room within a room within a room, yet when he barks the entire populace is terrified of him. Imagine if he were loose outside! So the tongue: it is secured behind the teeth and behind the lips, yet it does no end of damage. Imagine if it were outside!(Yalkut Shimoni)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Naso, 4th Portion Numbers 5:11-6:27 with Rashi
• Chapter 5
11. The Lord spoke to Moses, saying: יא. וַיְדַבֵּר יְהוָֹה אֶל משֶׁה לֵּאמֹר:
12. Speak to the children of Israel and say to them: Should any man's wife go astray and deal treacherously with him, יב. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם אִישׁ אִישׁ כִּי תִשְׂטֶה אִשְׁתּוֹ וּמָעֲלָה בוֹ מָעַל:
Should any man’s wife go astray: What is written above [i.e., before] this subject? “Everyone’s holy things belong to him.” If you withhold the gifts of the kohanim, then-by your life!-you will have to come to him to bring him an unfaithful wife. - [Ber. 63a]
איש איש כי תשטה אשתו: מה כתיב למעלה מן הענין ואיש את קדשיו לו יהיו, אם אתה מעכב מתנות הכהן, חייך שתצטרך לבא אצלו להביא לו את הסוטה:
any man: Heb. אִישׁ אִישׁ, lit. a man, a man. [The double expression] teaches that she has been doubly unfaithful-against [the Lord, who is known as] the Man (אִישׁ) of War on high (Exod. 15:3), and against her husband (אִישָׁהּ), lit.,“her man”] below [in this world].
איש איש: ללמדך שמועלת בשתים, באיש מלחמה שלמעלה ואישה מלמטה:
Should any man’s wife go astray: Heb. תִשְׂטֶה. Our Sages teach (Tanchuma Naso 5): Adulterers do not commit adultery unless a spirit of folly (שְׁטוּת) enters them, as it is written [here],“should go astray” [תִשְׂטֶה, can also mean to become a שׁוֹטֶה, i.e., to become “foolish”], and it is written, “One who commits adultery with a woman is devoid of sense” (Prov. 6:32) (Tanchuma Naso 5). The simple meaning of the verse is: “Should [any man’s wife] goes astray.” She deviates from modest ways, thus arousing his suspicion, as in [the verse],“turn away שְׂטֵה from it and pass” (Prov. 4:15), [and]“Let your heart not veer off יֵשְׂטְ into her ways” (Prov. 7:25).
כי תשטה אשתו: שנו רבותינו אין המנאפין נואפין עד שתכנס בהן רוח שטות, דכתיב כי תשטה, וכתוב בו נואף אשה חסר לב (משלי ו, לב). ופשוטו של מקרא כי תשטה - תט מדרכי צניעות ותחשד בעיניו, כמו שטה מעליו ועבור (שם ד, טו), אל ישט אל דרכיה לבך (שם ז, כה):
and deal treacherously with him: What is her treachery?
ומעלה בו מעל: ומהו המעל, ושכב איש אותה:
13. and a man lie with her carnally, but it was hidden from her husband's eyes, but she was secluded [with the suspected adulterer] and there was no witness against her, and she was not seized. יג. וְשָׁכַב אִישׁ אֹתָהּ שִׁכְבַת זֶרַע וְנֶעְלַם מֵעֵינֵי אִישָׁהּ וְנִסְתְּרָה וְהִיא נִטְמָאָה וְעֵד אֵין בָּהּ וְהִוא לֹא נִתְפָּשָׂה:
A man lie with her: This excludes a minor and a non-human [such as an animal]. — [Sotah 26b]
ושכב איש: פרט לקטן ומי שאינו איש:
with her carnally: Her intercourse disqualifies her, but her sister’s intercourse [with the husband] does not disqualify her [to her husband] (Yevamoth 95a), as in the account of two sisters who resembled each other. - [Tanchuma Naso 6] [See Levush, Nachalath Ya’akov]
אתה שכבת זרע: שכיבתה פוסלת אותה, ואין שכיבת אחותה פוסלת אותה כמעשה בשתי אחיות שהיו דומות זו לזו:
but it was hidden from her husband’s eyes: This excludes a blind man (Sotah 27a, Sifrei Naso 1:40, Tanchuma 7). It follows that, if he saw [the adulterous act] and ignored it, the water [prescribed further in the section] will not test her. — [Sifrei Naso 1:40]
ונעלם מעיני אישה: פרט לסומא הא אם היה ראוה ומעמעם [ומעלים] אין המים בודקין אותה:
but she was secluded: the amount [of time] it takes for one who is secluded [with a man] to be defiled by intercourse. - [Sifrei Naso 1:41, Sotah 2b, 4a]
ונסתרה: שיעור שתראה לטומאת ביאה:
and there is no witness against her: But if there is even one witness against her who claims that she has been defiled, she does not drink [the water]. — [Sifrei Naso 1:41, Sotah 2b]
עד אין בה: הא אם יש בה אפילו עד אחד שאמר נטמאת לא היתה שותה:
and there is no witness against her: to the defilement, but there were witnesses to the seclusion. — [Sotah 2b]
ועד אין בה: לטומאה אבל יש עדים לסתירה:
seized: Heb. נִתְפָּשָׂה, raped, as in“seized her (וּתְפָשָׂהּ) and lay with her” (Deut. 22:28). - [Sifrei Naso 1:42]
נתפשה: נאנסה, כמו ותפשה ושכב עמה (דברים כב, כח):
14. But a spirit of jealousy had come upon him and he became jealous of his wife, and she was defiled, or, a spirit of jealousy had come upon him and he was jealous of his wife, and she was not defiled. יד. וְעָבַר עָלָיו רוּחַ קִנְאָה וְקִנֵּא אֶת אִשְׁתּוֹ וְהִוא נִטְמָאָה אוֹ עָבַר עָלָיו רוּחַ קִנְאָה וְקִנֵּא אֶת אִשְׁתּוֹ וְהִיא לֹא נִטְמָאָה:
had come upon him: before the seclusion. - [Sotah 3a]
ועבר עליו: קודם לסתירה:
a spirit of jealousy… and he became jealous: Our Sages explain (Sotah 3a) as an expression of warning: he warned her, “Do not seclude yourself with such-and-such a man.” - [Sotah 5b]
רוח קנאה וקנא: פירשו רבותינו לשון התראה, שמתרה בה אל תסתרי עם איש פלוני:
and she was defiled, or, a spirit… had come on him: That is to say, he warned her, but she disregarded his warning, and it is not known whether she was defiled or not.
והיא נטמאה או עבר עליו וגו': כלומר הוא התרה בה ועברה על התראתו, ואין ידוע אם נטמאה אם לאו:
15. Then the man shall bring his wife to the kohen and bring her offering for her, one tenth of an ephah of barley flour. He shall neither pour oil over it nor put frankincense on it, for it is a meal offering of jealousies, a meal offering of remembrance, recalling iniquity. טו. וְהֵבִיא הָאִישׁ אֶת אִשְׁתּוֹ אֶל הַכֹּהֵן וְהֵבִיא אֶת קָרְבָּנָהּ עָלֶיהָ עֲשִׂירִת הָאֵיפָה קֶמַח שְׂעֹרִים לֹא יִצֹק עָלָיו שֶׁמֶן וְלֹא יִתֵּן עָלָיו לְבֹנָה כִּי מִנְחַת קְנָאֹת הוּא מִנְחַת זִכָּרוֹן מַזְכֶּרֶת עָוֹן:
flour: [Ordinary flour,] that it should not be of fine flour. - [Sifrei Naso 1:48]
קמח: שלא יהא מסלת:
barley: But not wheat; [since] she acted like an animal, her offering is [composed of] animal feed. - [Sotah 15b, Sifrei Naso 1:48]
שערים: ולא חטים, היא עשתה מעשה בהמה וקרבנה מאכל בהמה:
He shall not pour oil over it: so that her offering should not be beautiful (Sotah 15a), for oil is called “light”-but she acted in darkness. - [Tanchuma Naso 3]
לא יצק עליו שמן: שלא יהא קרבנה מהודר, שהשמן קרוי אור והיא עשתה בחשך:
nor put frankincense on it: For the matriarchs are [symbolically] known as frankincense, as it says,“to the hill of frankincense” (Songs, 4:6), yet she [the accused woman] deviated from their ways. - [Tanchuma Naso 3]
ולא יתן עליו לבונה: שהאמהות נקראות לבונה, שנאמר אל גבעת הלבונה (שה"ש ד, ו), והיא פרשה מדרכיהן:
for it is a meal offering of jealousies: Heb. כִּי מִנְחַת קְנָאֹת הוּא [The word הוּא, it is, means] this flour; [the word for flour,] קֶמַח, is masculine in gender.
כי מנחת קנאת הוא: הקמח הזה, קמח לשון זכר:
a meal offering of jealousies: It arouses against her two jealousies [i.e., expressions of wrath]: the wrath of the Omnipresent and the wrath of her husband. - [Sifrei Naso 1:50]
מנחת קנאת: מעוררת עליה שתי קנאות, קנאת המקום וקנאת הבעל:
16. The kohen shall bring her forth and present her before the Lord. טז. וְהִקְרִיב אֹתָהּ הַכֹּהֵן וְהֶעֱמִדָהּ לִפְנֵי יְהוָֹה:
17. The kohen shall take holy water in an earthen vessel, and some earth from the Mishkan floor, the kohen shall take and put it into the water. יז. וְלָקַח הַכֹּהֵן מַיִם קְדשִׁים בִּכְלִי חָרֶשׂ וּמִן הֶעָפָר אֲשֶׁר יִהְיֶה בְּקַרְקַע הַמִּשְׁכָּן יִקַּח הַכֹּהֵן וְנָתַן אֶל הַמָּיִם:
holy water: which had been sanctified in the washstand. Because the washstand was made from the copper of the “mirrors of the women who had gathered” (Exod. 38:8) [at the entrance to the Tent of Meeting; see Rashi on that verse], whereas this one had abandoned their ways. They had intercourse with their husbands in Egypt “beneath the apple tree” (Song 8:5), whereas this one, who had corrupted herself with another [man]-let her be examined through it [the washstand]. - [Midrash Aggadah]
מים קדשים: שקדשו בכיור, לפי שנעשה מנחשת מראות הצובאות, וזו פרשה מדרכיהן שהיו נבעלות לבעליהן במצרים תחת התפוח, וזו קלקלה לאחר, תבדק בו:
in an earthen vessel: She gave the adulterer to drink choice wine in valuable goblets; therefore, let her drink bitter water in a worthless clay vessel. — [Sotah 9a]
בכלי חרש: היא השקתה את הנואף יין משובח בכוסות משובחים, לפיכך תשתה מים המרים במקדה בזויה של חרש:
18. Then the kohen shall stand the woman up before the Lord and expose the [hair on the] head of the woman; he shall place into her hands the remembrance meal offering, which is a meal offering of jealousies, while the bitter curse bearing waters are in the kohen's hand. יח. וְהֶעֱמִיד הַכֹּהֵן אֶת הָאִשָּׁה לִפְנֵי יְהוָֹה וּפָרַע אֶת רֹאשׁ הָאִשָּׁה וְנָתַן עַל כַּפֶּיהָ אֵת מִנְחַת הַזִּכָּרוֹן מִנְחַת קְנָאֹת הִוא וּבְיַד הַכֹּהֵן יִהְיוּ מֵי הַמָּרִים הַמְאָרְרִים:
Then the kohen shall set, etc.: Has it not already been said, “and present her before the Lord” (verse 16) ? However, they would move her around from place to place to tire her out so that she should become agitated and confess. — [Sotah 8a]
והעמיד הכהן וגו': והלא כבר נאמר והעמידה לפני ה', אלא מסיעין היו אותה ממקום למקום כדי ליגעה ותטרף דעתה ותודה:
and expose: He unravels the plaits of her hair to humiliate her. From here [we derive] that a bared head is considered a disgrace for the daughters of Israel. — [Keth. 72a]
ופרע: סותר את קליעת שערה כדי לבזותה, מכאן לבנות ישראל שגלוי הראש גנאי להן:
before the Lord: At the Nicanor Gate, the eastern gate of the [Temple] courtyard (Sotah 7a) the route by which everyone enters.
לפני ה': בשער נקנור, הוא שער העזרה המזרחי, דרך כל הנכנסים:
he shall place into her hands: In order to weary her, [in the hope] that she will become agitated and confess, and the Explicit Name will not be erased in the water. - [Sotah 14a]
ונתן על כפיה: ליגעה אולי תטרף דעתה ותודה, ולא ימחה שם המיוחד על המים:
the bitter: [They were called bitter] because of their effects, for they will prove bitter for her. — [Sifrei Naso 1:47]
המרים: על שם סופן שהם מרים לה:
curse-bearing: [I.e.,] which eliminates her from the world; it is an expression like [the phrase]“a pricking (מַמְאִיר) briar” (Ezek. 28:24). But it is impossible to render it as“accursed water,” because it was holy, and Scripture does not write אִרוּרִים, but מְאָרְרִים, [meaning]“which cause others to be cursed.” Onkelos too does not translate it as לִיטַיָא,“cursed,” but מְלַטְטַיָּא, “that cause a curse,” [i.e.,] which reveal a curse on the body of this [woman].
המאררים: המחסרים אותה מן העולם, לשון סלון ממאיר (יחזקאל כח, כד). ולא יתכן לפרש מים ארורים, שהרי קדושים הן, ולא ארורים כתב הכתוב, אלא מאררים את אחרים. ואף אונקלוס לא תרגם ליטייא, אלא מלטטיא, שמראות קללה בגופה של זו:
19. The kohen shall then place her under oath, and say to the woman, "If no man has lain with you and you have not gone astray to become defiled [to another] in place of your husband, then [you will] be absolved through these bitter waters which cause the curse. יט. וְהִשְׁבִּיעַ אֹתָהּ הַכֹּהֵן וְאָמַר אֶל הָאִשָּׁה אִם לֹא שָׁכַב אִישׁ אֹתָךְ וְאִם לֹא שָׂטִית טֻמְאָה תַּחַת אִישֵׁךְ הִנָּקִי מִמֵּי הַמָּרִים הַמְאָרְרִים הָאֵלֶּה:
Place her under oath: What is the oath?"If no man has lain with you… [you will] be absolved (הִנָּקִי), but if he has lain [with you], may you suffocate (חֲנָקִי) ! From the negative, you imply the affirmative, but we are duty-bound to commence capital cases by presuming innocence. [Therefore, we do not commence with the affirmative, but only imply it from the negative.] - [Kid. 62a]
והשביע אותה וגו': ומה היא השבועה אם לא שכב הנקי, הא אם שכב חנקי [לא תנקי], שמכלל לאו אתה שומע הן, אלא שמצוה לפתוח בדיני נפשות תחלה לזכות:
20. But as for you, if you have gone astray [to another] instead of your husband and have become defiled, and another man besides your husband has lain with you..." כ. וְאַתְּ כִּי שָׂטִית תַּחַת אִישֵׁךְ וְכִי נִטְמֵאת וַיִּתֵּן אִישׁ בָּךְ אֶת שְׁכָבְתּוֹ מִבַּלְעֲדֵי אִישֵׁךְ:
But if you have gone astray: כִּי שָׂטִית. [The word] כִּי is used in the sense of “if.”
ואת כי שטית: כי משמש בלשון אם:
21. The kohen shall now adjure the woman with the oath of the curse, and the kohen shall say to the woman, "May the Lord make you for a curse and an oath among your people, when the Lord causes your thigh to rupture and your belly to swell. כא. וְהִשְׁבִּיעַ הַכֹּהֵן אֶת הָאִשָּׁה בִּשְׁבֻעַת הָאָלָה וְאָמַר הַכֹּהֵן לָאִשָּׁה יִתֵּן יְהוָֹה אוֹתָךְ לְאָלָה וְלִשְׁבֻעָה בְּתוֹךְ עַמֵּךְ בְּתֵת יְהוָֹה אֶת יְרֵכֵךְ נֹפֶלֶת וְאֶת בִּטְנֵךְ צָבָה:
with the oath of the curse: The oath which contains a curse.
בשבועת האלה: שבועה של קללה:
May the Lord make you for a curse, etc.: so that everyone shall use your name in cursing [such as], “May it befall you as it befell so-and-so.”
יתן ה' אותך לאלה: שיהיו הכל מקללין ביך יבואך כדרך שבא לפלונית:
and an oath: so that everyone will swear by you [such as], “If [I am] not [speaking the truth], may it happen to me as it happened to so-and-so.” Similarly, it says, “And you shall leave your name for an oath for My elect” (Isa. 65:15). [It is customary for] the righteous [to] swear by the calamities that befall the wicked. The same applies to blessings [as it says]: “shall be blessed with you” (Gen. 12:3);“With you, Israel will bless, saying” (Gen. 48:20). - [Sifrei Naso 1:73]
ולשבועה: שיהיו הכל נשבעין ביך לא יארע לי כדרך שאירע לפלונית וכן הוא אומר והנחתם שמכם לשבועה לבחירי (ישעיה סה, טו), שהצדיקים נשבעים בפורענותן של רשעים, וכן לענין הברכה ונברכו וגו' (בראשית יב ג) בך יברך ישראל לאמר (בראשית מח כ):
your thigh: In the curse, the thigh precedes the belly, because she began the sin with it [the thigh]. — [Sotah 8b]
את ירכך: בקללה הקדים ירך לבטן לפי שבה התחילה בעבירה תחלה:
swell: Heb. צָבָה. As Targum [Onkelos] renders: נְפִיחָא, swollen.
צבה: כתרגומו נפוחה:
22. For these curse bearing waters shall enter your innards, causing the belly to swell and the thigh to rupture," and the woman shall say, "Amen, amen." כב. וּבָאוּ הַמַּיִם הַמְאָרְרִים הָאֵלֶּה בְּמֵעַיִךְ לַצְבּוֹת בֶּטֶן וְלַנְפִּל יָרֵךְ וְאָמְרָה הָאִשָּׁה אָמֵן | אָמֵן:
causing the belly to swell: Heb. לַצְבּוֹת בֶּטֶן, like לְהַצְבּוֹת בֶּטֶן, “to cause the belly to swell.” This is the function of the pathach with which the “lamed” is vocalized; similarly,“to to lead them (לַנְחֹתָם) on the way” (Exod. 13:21) and“to show you (לַרְאֹתְכֶם) the way in which to go” (Deut. 1:33). Similarly, [Scripture says in this verse] לַנְפִּל יָרֵךְ [which is equivalent to]: לְהַנְפִּל יָרֵךְ, “to cause the thigh to rupture,” for the water distends the belly and ruptures the thigh.
לצבות בטן: כמו להצבות בטן, זהו שמוש פתח שהלמ"ד נקודה בו, וכן לנחותם הדרך (שמות יג, כא), לראותכם בדרך אשר תלכו בה (דברים א, לג), וכן לנפיל ירך להנפיל ירך, שהמים מצבים את הבטן ומפילים את הירך:
causing the belly to swell and the thigh to rupture: [This refers to] the belly and thigh of the adulterer, or perhaps only those of the adulteress? [However,] when Scripture says “causes your thigh to rupture and your belly to swell” (verse 21), those of the adulteress are stated [thus here it must refer to the adulterer]. — [Sotah 28a and Sifrei Naso 1:65]
לצבות בטן ולנפיל ירך: בטנו וירכו של בועל, או אינו אלא של נבעלת, כשהוא אומר את ירכך נופלת ואת בטנך צבה, הרי של נבעלת אמור:
Amen, amen: An acceptance of the oath: “amen” for the curse, “ amen” for the oath, “amen” whether from this man [whom her husband suspects], “amen” whether from another man, “amen” that I did not go astray while betrothed or married, while awaiting levirate marriage from my brother-in-law or after having married him. — [Sifrei Naso 1:66, Sotah 18a, b].
אמן אמן: קבלת שבועה, אמן על האלה אמן על השבועה, אמן אם מאיש זה, אמן אם מאיש אחר, אמן שלא סטיתי ארוסה ונשואה שומרת יבם וכנוסה:
23. Then the kohen shall write these curses on a scroll and erase it in the bitter water. כג. וְכָתַב אֶת הָאָלֹת הָאֵלֶּה הַכֹּהֵן בַּסֵּפֶר וּמָחָה אֶל מֵי הַמָּרִים:
24. He shall then give the bitter, curse bearing waters to the woman to drink, and the curse bearing waters shall enter her to become bitter. כד. וְהִשְׁקָה אֶת הָאִשָּׁה אֶת מֵי הַמָּרִים הַמְאָרְרִים וּבָאוּ בָהּ הַמַּיִם הַמְאָרְרִים לְמָרִים:
He shall then give… the woman to drink: This is not the sequence in which it was done, for first he [the kohen] would offer up her meal-offering. But Scripture informs you that when he makes her drink, it [the water] becomes bitter within her. Since it mentions [only] “belly” and “thigh,” how do I know that the rest of the body [is also affected]? [Because] Scripture states, “shall enter her”- [that is,] into all of her [body]. If so, why does Scripture [explicitly] mention “belly” and“thigh”? Since the transgression began through them, therefore the punishment begins with them. - [Sotah 19a, b, according to Rabbi Simeon]
והשקה את האשה: אין זה סדר המעשה, שהרי בתחלה מקריב מנחתה, אלא הכתוב מבשרך שכשישקנה יבואו בה למרים. לפי שנאמר בטן וירך, מניין לשאר כל הגוף, תלמוד לומר ובאו בה בכולה, אם כן מה תלמוד לומר בטן וירך, לפי שהן התחילו בעבירה תחילה, לפיכך התחילה מהן הפורענות:
to become bitter: They will be harmful and bitter for her.
למרים: להיות לה רעים ומרים:
25. The kohen shall take the meal offering of jealousies from the woman's hand, wave the meal offering before the Lord, and bring it to the altar. כה. וְלָקַח הַכֹּהֵן מִיַּד הָאִשָּׁה אֵת מִנְחַת הַקְּנָאֹת וְהֵנִיף אֶת הַמִּנְחָה לִפְנֵי יְהוָֹה וְהִקְרִיב אֹתָהּ אֶל הַמִּזְבֵּחַ:
wave: He moves it to and fro, up and down (Sifrei Naso 1:71). She, too, waves with him, for her hand is above the kohen’s hand. — [Sotah 19a]
והניף: מוליך ומביא מעלה ומוריד, ואף היא מניפה עמו שידה למעלה מידו של כהן:
and bring it: This refers to placing it at the south-west corner of the altar, before קְמִיצָה, “scooping up a handful,” as is the case with other meal-offerings. - [Sotah 14b]
והקריב אתה: זו היא הגשתה בקרן דרומית מערבית של מזבח קודם קמיצה כשאר מנחות:
26. The kohen shall scoop out from the meal offering its reminder and burn it upon the altar, and then he shall give the woman the water to drink. כו. וְקָמַץ הַכֹּהֵן מִן הַמִּנְחָה אֶת אַזְכָּרָתָהּ וְהִקְטִיר הַמִּזְבֵּחָה וְאַחַר יַשְׁקֶה אֶת הָאִשָּׁה אֶת הַמָּיִם:
its reminder: This is the handful, for through bringing it up in smoke, the meal-offering comes to the Most High as a memorial. — [Sifrei 1:72]
אזכרתה: הוא הקומץ, שעל ידי הקטרתו המנחה באה לזכרון לגבוה:
27. He shall make her drink the water, and it shall be that, if she had been defiled and was unfaithful to her husband, the curse bearing waters shall enter her to become bitter, and her belly will swell, and her thigh will rupture. The woman will be a curse among her people. כז. וְהִשְׁקָהּ אֶת הַמַּיִם וְהָיְתָה אִם נִטְמְאָה וַתִּמְעֹל מַעַל בְּאִישָׁהּ וּבָאוּ בָהּ הַמַּיִם הַמְאָרְרִים לְמָרִים וְצָבְתָה בִטְנָהּ וְנָפְלָה יְרֵכָהּ וְהָיְתָה הָאִשָּׁה לְאָלָה בְּקֶרֶב עַמָּהּ:
He shall make her drink the water: [The repetition of this statement is meant] to include that if she says, “I refuse to drink” after the scroll [in which God’s name is written] has been erased [by the water], they pour it into her, making her drink it against her will, unless [she admits and] says, “I have been defiled.” - [Sotah 19b]
והשקה את המים: לרבות שאם אמרה איני שותה לאחר שנמחקה מגלה, מערערין אותה ומשקין אותה בעל כרחה, אלא אם כן אמרה טמאה אני:
her belly will swell: Although in reference to the curse, the thigh is mentioned first, the water tests [the body] only in the order it enters it [which is first the belly and then the thigh]. - [Sotah 9b]
וצבתה בטנה וגו': אף על פי שבקללה הזכיר ירך תחילה, המים אין בודקין אלא דרך כניסתן בה:
The woman will be a curse: As I explained (verse 21), everyone will curse by her [name]. — [Sifrei Naso 1:73]
והיתה האשה לאלה: כמו שפירשתי שהיו הכל אלין בה:
among her people: There is a difference between a person who is disgraced in a place where he is known and a person who is disgraced in a place where he is unknown. — [Sifrei Naso 1:64]
בקרב עמה: הפרש יש בין אדם המתנוול במקום שניכר, לאדם המתנוול במקום שאינו ניכר:
28. But if the woman had not become defiled and she is clean, she shall be exempted and bear seed. כח. וְאִם לֹא נִטְמְאָה הָאִשָּׁה וּטְהֹרָה הִוא וְנִקְּתָה וְנִזְרֳעָה זָרַע:
But if the woman had not become defiled: During this seclusion,
ואם לא נטמאה האשה: בסתירה זו:
and she is clean: regarding any other place,
וטהרה היא: ממקום אחר:
she shall be exempted: from [the dire effects of] the curse-bearing water, and moreover, she “shall bear seed.” If she used to have painful births, she will now have easy births; if she used to give birth to dark-skinned babies, she will now give birth to fair ones. — [Sotah 26a]
ונקתה: ממים המאררים, ולא עוד אלא ונזרעה זרע, אם היתה יולדת בצער תלד בריוח, אם היתה יולדת שחורים יולדת לבנים:
29. This is the law of jealousies when a woman goes astray to someone other than her husband and is defiled, כט. זֹאת תּוֹרַת הַקְּנָאֹת אֲשֶׁר תִּשְׂטֶה אִשָּׁה תַּחַת אִישָׁהּ וְנִטְמָאָה:
30. or if a spirit of jealousy comes over a man, and he is jealous of his wife, and he presents the woman before the Lord, and the kohen shall do to her all of this law, ל. אוֹ אִישׁ אֲשֶׁר תַּעֲבֹר עָלָיו רוּחַ קִנְאָה וְקִנֵּא אֶת אִשְׁתּוֹ וְהֶעֱמִיד אֶת הָאִשָּׁה לִפְנֵי יְהוָֹה וְעָשָׂה לָהּ הַכֹּהֵן אֵת כָּל הַתּוֹרָה הַזֹּאת:
Or if a man: [The meaning here is] as in [the phrase]: “Or if it be known” (Exod. 21:36), that is to say, if he was a jealous man, then on account of this “he will present the woman [before the Lord].”
או איש: כמו או נודע (שמות כא, לו), כלומר אם איש קנאי הוא, לכך והעמיד את האשה:
31. the man shall be absolved of iniquity, and the woman shall bear her iniquity. לא. וְנִקָּה הָאִישׁ מֵעָוֹן וְהָאִשָּׁה הַהִוא תִּשָּׂא אֶת עֲוֹנָהּ:
The man shall be absolved of iniquity: If the water tested her, he should not become distressed and say, “I am responsible for her death.” [Rather,] he is exempt of any punishment (Midrash Aggadah, Num. Rabbah 9: 43). Another interpretation: Once he has made her drink, she becomes permitted to him, and he is free of any sin, for a woman under suspicion is forbidden to her husband. - [Num. Rabbah 9:43]
ונקה האיש מעון: אם בדקוה המים אל ידאג לומר חבתי במיתתה, נקי הוא מן העונש. דבר אחר משישקנה תהיה אצלו בהיתר ונקה מעון, שהסוטה אסורה לבעלה:
Chapter 6
1. The Lord spoke to Moses saying: א. וַיְדַבֵּר יְהוָֹה אֶל משֶׁה לֵּאמֹר:
2. Speak to the children of Israel, and you shall say to them: A man or woman who sets himself apart by making a nazirite vow to abstain for the sake of the Lord. ב. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם אִישׁ אוֹ אִשָּׁה כִּי יַפְלִא לִנְדֹּר נֶדֶר נָזִיר לְהַזִּיר לַיהוָֹה:
who sets himself apart: Heb. כִּי יַפְלִא, sets himself apart. Why is the section dealing with the nazirite juxtaposed to the section of the adulterous woman? To tell us that whoever sees an adulteress in her disgrace should vow to abstain from wine, for it leads to adultery. — [Sotah 2a]
כי יפלא: יפריש. למה נסמכה פרשת נזיר לפרשת סוטה, לומר לך שכל הרואה סוטה בקלקולה יזיר עצמו מן היין, שהוא מביא לידי ניאוף:
a nazirite vow: Heb. נָזִיר [The term] נְזִירָה everywhere [in Scripture] means only separation; here too [the nazirite] separates himself from wine. - [Sifrei Naso 1:87]
נדר נזיר: אין נזירה בכל מקום אלא פרישה, אף כאן שפרש מן היין:
to abstain for the sake of the Lord: To separate himself from wine for the sake of Heaven. — [Ned. 9b, Sifrei Naso 1:84]
להזיר לה': להבדיל עצמו מן היין לשם שמים:
3. He shall abstain from new wine and aged wine; he shall not drink [even] vinegar made from new wine or aged wine, nor shall he drink anything in which grapes have been steeped, and he shall eat neither fresh grapes nor dried ones. ג. מִיַּיִן וְשֵׁכָר יַזִּיר חֹמֶץ יַיִן וְחֹמֶץ שֵׁכָר לֹא יִשְׁתֶּה וְכָל מִשְׁרַת עֲנָבִים לֹא יִשְׁתֶּה וַעֲנָבִים לַחִים וִיבֵשִׁים לֹא יֹאכֵל:
from new wine and aged wine: Heb. מִיַיִּן וְשֵׁכָר. As Targum [Onkelos] renders:“From new wine and aged wine,” for when wine has been aged, it intoxicates מְשַׁכֵּר.
מיין ושכר: כתרגומו מחמר חדת ועתיק, שהיין משכר כשהוא ישן:
anything in which grapes have been steeped: Heb. מִשְׁרַת עֲנָבִים. [The word מִשְׁרַת is] an expression denoting steeping in water, or any other liquid. In the language of the Mishnah, there are many [such examples]: We may not steep (אֵין שׁוֹרִין) ink or dye [in water on the eve of Sabbath] (Shab. 17b); a nazirite who steeped (שֶׁשָּׁרָה) his bread in wine (Nazir 34b).
וכל משרת: לשון צביעה במים וכל משקה, ובלשון משנה יש הרבה אין שורין דיו וסמנים (שבת יז ב), נזיר ששרה פתו ביין (נזיר לד ב):
4. For the entire duration of his abstinence, he shall not eat any product of the grape vine, from seeds to skins. ד. כֹּל יְמֵי נִזְרוֹ מִכֹּל אֲשֶׁר יֵעָשֶׂה מִגֶּפֶן הַיַּיִן מֵחַרְצַנִּים וְעַד זָג לֹא יֹאכֵל:
seeds: Heb. חַרְצַנִּים. They are the kernels. - [Sifrei Naso 1:93]
חרצנים: הם הגרעינין:
skins: Heb. זָג, the outer shells, for the seeds are inside, like the clapper in a bell (זוּג).
זג: הם קליפות שמבחוץ, שהחרצנים בתוכן כענבל בזוג:
5. All the days of his vow of abstinence, no razor shall pass over his head; until the completion of the term that he abstains for the sake of the Lord, it shall be sacred, and he shall allow the growth of the hair of his head to grow wild. ה. כָּל יְמֵי נֶדֶר נִזְרוֹ תַּעַר לֹא יַעֲבֹר עַל רֹאשׁוֹ עַד מְלֹאת הַיָּמִם אֲשֶׁר יַזִּיר לַיהוָֹה קָדֹשׁ יִהְיֶה גַּדֵּל פֶּרַע שְׂעַר רֹאשׁוֹ:
it shall be sacred: [That is,] his hair; he must let the growth of the hair of his head flourish.
קדוש יהיה: השער שלו, לגדל הפרע של שער ראשו:
growth: Heb. פֶּרַע. [The word] is vowelized with a small “pattach” [known as “segol”] because it is [a construct state and] attached to the phrase“the hair of his head.” [The meaning is:] A growth of hair, and the word פֶּרַע means to allow the hair to grow [wild]. Similarly [we find],“He shall not allow his head to grow freely (לֹא יִפְרָע)” (Lev. 21:10). Any growth [of hair] less than thirty days is not considered פֶּרַע.
פרע: נקוד פתח קטן לפי שהוא דבוק לשער ראשו, פרע של שער. ופירושו של פרע, גדול של שער, וכן את ראשו לא יפרע (ויקרא כא, י), ואין קרוי פרע פחות משלושים יום:
6. All the days that he abstains for The Lord, he shall not come into contact with the dead. ו. כָּל יְמֵי הַזִּירוֹ לַיהוָֹה עַל נֶפֶשׁ מֵת לֹא יָבֹא:
7. To his father, to his mother, to his brother, or to his sister, he shall not defile himself if they die, for the crown of his God is upon his head. ז. לְאָבִיו וּלְאִמּוֹ לְאָחִיו וּלְאַחֹתוֹ לֹא יִטַּמָּא לָהֶם בְּמֹתָם כִּי נֵזֶר אֱלֹהָיו עַל רֹאשׁוֹ:
8. For the entire duration of his abstinence, he is holy to the Lord. ח. כֹּל יְמֵי נִזְרוֹ קָדשׁ הוּא לַיהוָֹה:
For the entire duration of his abstinence, he is holy: This [refers to] the sanctification of the body, against contamination by [contact with] the dead.
כל ימי נזרו קדוש הוא: זו קדושת הגוף מליטמא למתים:
9. If someone in his presence dies unexpectedly or suddenly, and causes the nazirite head to become defiled, he shall shave off [the hair of] his head on the day of his purification; on the seventh day, he shall shave it off. ט. וְכִי יָמוּת מֵת עָלָיו בְּפֶתַע פִּתְאֹם וְטִמֵּא רֹאשׁ נִזְרוֹ וְגִלַּח רֹאשׁוֹ בְּיוֹם טָהֳרָתוֹ בַּיּוֹם הַשְּׁבִיעִי יְגַלְּחֶנּוּ:
unexpectedly: Heb. בְּפֶתַע. This is an unavoidable occurrence.
בפתע: זה אונס:
suddenly: This refers to an unintentional [defilement] (Sifrei Naso 1:110). Some say that [the words] פֶּתַע פִּתְאֹם are a single phrase [denoting one idea, namely], “a sudden incident.” [Perhaps Rashi is alluding to Onkelos or to Menachem (Machbereth Menachem p.147). See Leket Bahir].
פתאם: זה שוגג. ויש אומרים פתע פתאום דבר אחד הוא, מקרה של פתאום:
If someone in his presence dies: In the tent in which he is located. - [Midrash Lekach Tov]
וכי ימות מת עליו: באהל שהוא בו:
on the day of his purification: On the day he is to be sprinkled, or perhaps only on the eighth day, when he becomes completely clean? [Therefore] Scripture states, “on the seventh day.” But if on the seventh, I might think that [his head must be shaved] even if he was not sprinkled. So Scripture [also] states,“on the day of his purification.” - [Sifrei Naso 1:113]
ביום טהרתו: ביום הזאתו, או אינו אלא בשמיני שהוא טהור לגמרי, תלמוד לומר ביום השביעי, אי שביעי יכול אפילו לא הזה, תלמוד לומר ביום טהרתו:
10. And on the eighth day, he shall bring two turtledoves or two young pigeons to the kohen, at the entrance to the Tent of Meeting. י. וּבַיּוֹם הַשְּׁמִינִי יָבִא שְׁתֵּי תֹרִים אוֹ שְׁנֵי בְּנֵי יוֹנָה אֶל הַכֹּהֵן אֶל פֶּתַח אֹהֶל מוֹעֵד:
And on the eighth day he shall bring two turtledoves: This [is meant] to exclude the seventh [day], or perhaps it is meant to exclude only the ninth [day]? It [Scripture] designates a time for the sacrifices and it designates a time for those offering them. Just as it validates the eighth [day] and from the eighth [day] onwards for sacrifices, so those who offer the sacrifices may do so on the eighth [day] and from the eighth [day] onwards. - [Sifrei Naso 1:116]
וביום השמיני יבא שתי תרים: להוציא את השביעי. או אינו אלא להוציא את התשיעי, קבע זמן לקרבין וקבע זמן למקריבין, מה קרבין הכשיר שמיני ומשמיני והלאה, אף מקריבין שמיני ומשמיני והלאה:
11. The kohen shall prepare one for a sin offering and one for a burnt offering and atone on his behalf for sinning by coming into contact with the dead, and he shall sanctify his head on that day. יא. וְעָשָׂה הַכֹּהֵן אֶחָד לְחַטָּאת וְאֶחָד לְעֹלָה וְכִפֶּר עָלָיו מֵאֲשֶׁר חָטָא עַל הַנָּפֶשׁ וְקִדַּשׁ אֶת רֹאשׁוֹ בַּיּוֹם הַהוּא:
for sinning by coming into contact with the dead: Heb. מֵאֲשֶׁר חָטָא עַל הַנֶּפֶשׁ, lit., for sinning concerning the body, meaning that he did not take precautions against becoming defiled by the dead. Rabbi Eleazar Hakappar says: He afflicted himself [by abstaining] from wine, [thus, he sinned against his own body]. — [Nazir 19a, B.K. 91b, Ta’anith 11a, Sifrei Naso 1:18, and other places]
מאשר חטא על הנפש: שלא נזהר מטומאת המת, רבי אלעזר הקפר אומר שציער עצמו מן היין:
and he shall sanctify his head: By beginning again the count of his naziriteship. - [Sifrei Naso 1:119]
וקדש את ראשו: לחזור ולהתחיל מנין נזירותו:
12. He shall consecrate to the Lord the period of his abstinence and bring a lamb in its first year as a guilt offering; the previous days shall be canceled because his naziriteship has been defiled. יב. וְהִזִּיר לַיהוָֹה אֶת יְמֵי נִזְרוֹ וְהֵבִיא כֶּבֶשׂ בֶּן שְׁנָתוֹ לְאָשָׁם וְהַיָּמִים הָרִאשֹׁנִים יִפְּלוּ כִּי טָמֵא נִזְרוֹ:
He shall consecrate to the Lord the period of his abstinence: He shall start counting his naziriteship again from the beginning. — [Sifrei Naso 1:119]
והזיר לה' את ימי נזרו: יחזור וימנה נזירותו כבתחילה:
The previous days shall be canceled: They shall not count. — [Targum Onkelos]
והימים הראשונים יפלו: לא יעלו מן המנין:
13. This is the law of the nazirite: On the day his period of naziriteship is completed, he shall present himself at the entrance to the Tent of Meeting. יג. וְזֹאת תּוֹרַת הַנָּזִיר בְּיוֹם מְלֹאת יְמֵי נִזְרוֹ יָבִיא אֹתוֹ אֶל פֶּתַח אֹהֶל מוֹעֵד:
he shall present himself: Heb. יָבִיא אֹתוֹ, lit.,“he shall bring him,” i.e., he shall bring himself. This [word אֹתוֹ“himself”] is one of the three [cases of the word] אֶת which Rabbi Ishmael expounded in this way [as being reflexive]. Similarly,“thereby bringing upon themselves (אוֹתָם) to bear iniquity and guilt” (Lev. 22:16) - [“ אוֹתָם ” meaning] themselves. Similarly,“He buried him (אֹתוֹ) in the ravine” (Deut. 34:6) he [Moses] buried himself. — [Sifrei Naso 1:124]
יביא אתו: יביא את עצמו, זה אחד משלשה אתים שהיה ר' ישמעאל דורש כן. כיוצא בו והשיאו אותם עון אשמה (ויקרא כב, טז), את עצמם, כיוצא בו ויקבור אותו בגיא (דברים לד, ו), הוא קבר את עצמו:
14. He shall bring his offering to the Lord: one unblemished lamb in its first year as a burnt offering, one unblemished ewe lamb in its first year as a sin offering, and one unblemished ram as a peace offering, יד. וְהִקְרִיב אֶת קָרְבָּנוֹ לַיהוָֹה כֶּבֶשׂ בֶּן שְׁנָתוֹ תָמִים אֶחָד לְעֹלָה וְכַבְשָׂה אַחַת בַּת שְׁנָתָהּ תְּמִימָה לְחַטָּאת וְאַיִל אֶחָד תָּמִים לִשְׁלָמִים:
15. and a basket of unleavened cakes; loaves of fine flour mixed with oil, and unleavened wafers anointed with oil, with their meal offerings and their libations. טו. וְסַל מַצּוֹת סֹלֶת חַלֹּת בְּלוּלֹת בַּשֶּׁמֶן וּרְקִיקֵי מַצּוֹת מְשֻׁחִים בַּשָּׁמֶן וּמִנְחָתָם וְנִסְכֵּיהֶם:
with their meal-offerings and libations: Of the burnt offerings and peace offerings [but not of the sin-offering]. Since they were included in the general rule [requiring libations] but were then singled out to be the subject of a new case, namely, that they required bread, [Scripture] returns them to the general rule [by stating that] they require libations, as is the universal law for all burnt offerings and peace offerings. - [See Sifrei Naso 1:127]
ומנחתם ונסכיהם: של עולה ושלמים, לפי שהיו בכלל ויצאו לידון בדבר חדש שיטעינו לחם, החזירן לכללן שיטעינו נסכים כדין עולה ושלמים:
unleavened loaves and unleavened wafers: Ten of each kind. — [Men. 77b; Rambam , Mishnah Comm ., Men. 7:2; Mishneh Torah , Neziruth 8:1, Kesef Mishneh]
חלות מצות ורקיקי מצות: עשר מכל מין:
16. The kohen shall present it before the Lord, and perform the service of his sin offering and his burnt offering. טז. וְהִקְרִיב הַכֹּהֵן לִפְנֵי יְהוָֹה וְעָשָׂה אֶת חַטָּאתוֹ וְאֶת עֹלָתוֹ:
17. He shall make the ram as a peace offering to the Lord, along with the basket of unleavened cakes, and the kohen shall perform the service of its meal offering with its libation. יז. וְאֶת הָאַיִל יַעֲשֶׂה זֶבַח שְׁלָמִים לַיהוָֹה עַל סַל הַמַּצּוֹת וְעָשָׂה הַכֹּהֵן אֶת מִנְחָתוֹ וְאֶת נִסְכּוֹ:
a peace offering to the Lord, along with the basket of unleavened cakes: He slaughters the [ram of] the peace offering with the intention of sanctifying the bread. — [Men. 46b]
זבח שלמים לה' על סל המצות: ישחט את השלמים על מנת לקדש את הלחם:
Its meal offering with its libation: [I.e.,] the ram’s.
את מנחתו ואת נסכו: של איל:
18. The nazirite shall shave the head of his naziriteship at the entrance to the Tent of Meeting, and he shall take the hair of the head of his naziriteship and place it upon the fire which is under the peace offering. יח. וְגִלַּח הַנָּזִיר פֶּתַח אֹהֶל מוֹעֵד אֶת רֹאשׁ נִזְרוֹ וְלָקַח אֶת שְׂעַר רֹאשׁ נִזְרוֹ וְנָתַן עַל הָאֵשׁ אֲשֶׁר תַּחַת זֶבַח הַשְּׁלָמִים:
The nazirite shall shave…at the entrance to the Tent of Meeting: I might think that he should shave in the courtyard, but this would be degrading [for the courtyard]. Rather, “the nazirite shall shave” after the peace offering has been slaughtered, regarding which it is written, “and slaughter it at the entrance to the Tent of Meeting” (Lev. 3:2). - [Nazir 45a, Sifrei Naso 1: 128]
וגלח הנזיר פתח אהל מועד: יכול יגלח בעזרה, הרי זה דרך בזיון. אלא וגלח הנזיר לאחר שחיטת השלמים שכתוב בהן ושחטו פתח אהל מועד (ויקרא ג, ב), ספרי:
which is under the peace offering: [I.e.,] under the pot in which he cooks it. For the nazirite’s peace offering was cooked in the courtyard, since the kohen had to take the foreleg after it had been cooked and wave it before the Lord.
אשר תחת זבח השלמים: תחת הדוד שהוא מבשלן בו, לפי ששלמי נזיר היו מתבשלין בעזרה, שצריך ליטול הכהן הזרוע אחר שנתבשלה ולהניף לפני ה':
19. The kohen shall then take the cooked foreleg of the ram, one unleavened loaf from the basket and one unleavened wafer, place [them] in the hands of the nazirite after he has shaven off his nazirite [head]. יט. וְלָקַח הַכֹּהֵן אֶת הַזְּרֹעַ בְּשֵׁלָה מִן הָאַיִל וְחַלַּת מַצָּה אַחַת מִן הַסַּל וּרְקִיק מַצָּה אֶחָד וְנָתַן עַל כַּפֵּי הַנָּזִיר אַחַר הִתְגַּלְּחוֹ אֶת נִזְרוֹ:
the cooked foreleg: After it has been cooked.
הזרוע בשלה: לאחר שנתבשלה:
20. The kohen shall wave them as a waving before the Lord; it is consecrated to the kohen, along with the breast of the waving and the thigh of the uplifting. After this, the nazirite may drink wine. כ. וְהֵנִיף אוֹתָם הַכֹּהֵן | תְּנוּפָה לִפְנֵי יְהוָֹה קֹדֶשׁ הוּא לַכֹּהֵן עַל חֲזֵה הַתְּנוּפָה וְעַל שׁוֹק הַתְּרוּמָה וְאַחַר יִשְׁתֶּה הַנָּזִיר יָיִן:
it is consecrated to the kohen: The loaf, the wafer, and the foreleg are donations for the kohen.
קדש הוא לכהן: החלה והרקיק והזרוע תרומה הן לכהן:
along with the breast of the waving, etc.: Besides the breast and thigh due him from all peace offerings, this foreleg is added to the nazirite peace offerings. [This is] because the nazirite peace offerings were included in the general rule, but were then singled out to determine something new-setting apart the foreleg. [Thus,] it was necessary to return them to the general rule so that they are subject to [the gifts of] the breast and the thigh as well. — [Sifrei Naso 1: 134]
על חזה התנופה: מלבד חזה ושוק הראויים לו מכל שלמים מוסף על שלמי נזיר הזרוע הזה, לפי שהיו שלמי נזיר בכלל ויצאו לידון בדבר החדש להפרשת זרוע הוצרך להחזירן לכללן לידון אף בחזה ושוק:
21. This is the law of a nazirite who makes a vow: his offering to the Lord for his naziriteship is in addition to what is within his means. According to the vow that he vows, so shall he do, in addition to the law of his naziriteship. כא. זֹאת תּוֹרַת הַנָּזִיר אֲשֶׁר יִדֹּר קָרְבָּנוֹ לַיהוָֹה עַל נִזְרוֹ מִלְּבַד אֲשֶׁר תַּשִּׂיג יָדוֹ כְּפִי נִדְרוֹ אֲשֶׁר יִדֹּר כֵּן יַעֲשֶׂה עַל תּוֹרַת נִזְרוֹ:
in addition to that which is within his means: [For example,] if he said,“I am hereby a nazirite on the condition that I shall shave [my hair] with one hundred burnt offerings and with one hundred peace offerings” - according to the vow that he vows, so shall he do added to the law of his naziriteship.
מלבד אשר תשיג ידו: שאם אמר הריני נזיר על מנת לגלח על מאה עולות ועל מאה שלמים כפי נדרו אשר ידור כן יעשה מוסף על תורת נזרו:
In addition to the law of his naziriteship: Heb. תּוֹרַת נִזְרוֹ means he may add to the law of his naziriteship but not omit anything. If he said, “I am hereby a nazirite five times over on condition that I shave with [only] these three animals,” I do not apply to him [the rule],“According to the vow that he vows, so shall he do.” - [Sifrei Naso 1:137]
על תורת הנזיר: יוסיף ולא יחסר, שאם אמר הריני נזיר חמש נזירות על מנת לגלח על שלש בהמות הללו, אין אני קורא בו כאשר ידור כן יעשה:
22. The Lord spoke to Moses saying: כב. וַיְדַבֵּר יְהוָֹה אֶל משֶׁה לֵּאמֹר:
23. Speak to Aaron and his sons, saying: This is how you shall bless the children of Israel, saying to them: כג. דַּבֵּר אֶל אַהֲרֹן וְאֶל בָּנָיו לֵאמֹר כֹּה תְבָרֲכוּ אֶת בְּנֵי יִשְׂרָאֵל אָמוֹר לָהֶם:
saying to them: Heb. אָמוֹר. [The infinitive] as in זָכוֹר,“remembering” (Exod. 20:8), and שָׁמוֹר, “keeping” (Deut. 5:12); in French, disant.
אמור להם: כמו זכור שמור, בלע"ז דישנ"ט (באמרכם):
saying to them: So that they can all hear- [Sifrei Naso 1:143]
אמור להם: שיהיו כולם שומעים:
saying: The word אָמוֹר is written in its full form [i.e., with a “vav”], indicating that they should not bless them hastily or in a hurried manner, but with concentration and with wholeheartedness. - [Midrash Tanchuma Naso 10]
אמור: מלא, לא תברכם בחפזון ובהלות, אלא בכוונה ובלב שלם:
24. "May the Lord bless you and watch over you. כד. יְבָרֶכְךָ יְהוָֹה וְיִשְׁמְרֶךָ:
May [the Lord] bless you: that your possessions shall be blessed. - [Midrash Tanchuma Naso 10, Sifrei Naso 1:144]
יברכך: שיתברכו נכסיך:
and watch over you: that no thieves shall attack you and steal your money. For when one gives his servant a gift, he cannot protect it from all other people, so if robbers come and take it from him, what benefit has he [the servant] from this gift? As for the Holy One, blessed be He, however, He is the One who [both] gives and protects (Midrash Tanchuma Naso 10). There are many expository interpretations in the Sifrei .
וישמרך: שלא יבואו עליך שודדים ליטול ממונך, שהנותן מתנה לעבדו אינו יכול לשמרו מכל אדם, וכיון שבאים לסטים עליו ונוטלין אותה ממנו, מה הנאה יש לו במתנה זו, אבל הקב"ה הוא הנותן הוא השומר. והרבה מדרשים דרשו בו בספרי:
25. May the Lord cause His countenance to shine to you and favor you. כה. יָאֵר יְהוָֹה | פָּנָיו אֵלֶיךָ וִיחֻנֶּךָּ:
May the Lord cause His countenance to shine to you: May He show you a pleasant, radiant countenance. - [Midrash Tanchuma Naso 10, Sifrei Naso 1:144]
יאר ה' פניו אליך: יראה לך פנים שוחקות, פנים צהובות:
and favor you: May He grant you favor - [Sifrei Naso 1:144]
ויחנך: יתן לך חן:
26. May the Lord raise His countenance toward you and grant you peace." כו. יִשָּׂא יְהוָֹה | פָּנָיו אֵלֶיךָ וְיָשֵׂם לְךָ שָׁלוֹם:
May the Lord raise His countenance toward you: by suppressing His wrath. - [Sifrei Naso 1:144,]
ישא ה' פניו אליך: יכבוש כעסו:
27. They shall bestow My Name upon the children of Israel, so that I will bless them. כז. וְשָׂמוּ אֶת שְׁמִי עַל בְּנֵי יִשְׂרָאֵל וַאֲנִי אֲבָרֲכֵם:
They shall bestow My Name: They shall bless them with the Explicit Name. - [Sifrei Naso 1:144, Num. Rabbah 11:4, 8]
ושמו את שמי: יברכום בשם המפורש:
so that I will bless them: [I.e.,] the Israelites, and endorse the [blessing of the] kohanim. Another interpretation: “I will bless them”-that is, the kohanim. - [Chul. 49a]
ואני אברכם: לישראל ואסכים עם הכהנים. דבר אחר ואני אברכם לכהנים:
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Tehillim: Psalms Chapters 135 - 139
• Chapter 135
1. Praise the Lord! Praise the Name of the Lord; offer praise, you servants of the Lord-
2. who stand in the House of the Lord, in the courtyards of the House of our God.
3. Praise the Lord, for the Lord is good; sing to His Name, for He is pleasant.
4. For God has chosen Jacob for Himself, Israel as His beloved treasure.
5. For I know that the Lord is great, our Master is greater than all supernal beings.
6. All that the Lord desired He has done, in the heavens and on earth, in the seas and the depths.
7. He causes mists to rise from the ends of the earth; He makes lightning for the rain; He brings forth the wind from His vaults.
8. It was He who struck down the firstborn of Egypt, of man and beast.
9. He sent signs and wonders into the midst of Egypt, on Pharaoh and on all his servants.
10. It was He who struck down many nations, and slew mighty kings:
11. Sichon, king of the Amorites; Og, king of Bashan; and all the kingdoms of Canaan.
12. And He gave their lands as a heritage, a heritage to His people Israel.
13. Lord, Your Name is forever; Lord, Your remembrance is throughout all generations.
14. Indeed, the Lord will judge on behalf of His people, and have compassion on His servants.
15. The idols of the nations are silver and gold, the product of human hands.
16. They have a mouth, but cannot speak; they have eyes, but cannot see;
17. they have ears, but cannot hear; nor is there breath in their mouth.
18. Like them will their makers become-all who trust in them.
19. House of Israel, bless the Lord; House of Aaron, bless the Lord;
20. House of Levi, bless the Lord; you who fear the Lord, bless the Lord.
21. Blessed is the Lord from Zion, who dwells in Jerusalem. Praise the Lord!
Chapter 136
This psalm contains twenty-six verses, corresponding to the twenty-six generations between the creation of the world and the giving of the Torah.
1. Praise the Lord for He is good, for His kindness is forever.
2. Praise the God of the supernal beings, for His kindness is forever.
3. Praise the Master of the heavenly hosts, for His kindness is forever.
4. Who alone performs great wonders, for His kindness is forever.
5. Who makes the heavens with understanding, for His kindness is forever.
6. Who spreads forth the earth above the waters, for His kindness is forever.
7. Who makes the great lights, for His kindness is forever.
8. The sun to rule by day, for His kindness is forever.
9. The moon and stars to rule by night, for His kindness is forever.
10. Who struck Egypt through its firstborn, for His kindness is forever.
11. And brought Israel out of their midst, for His kindness is forever.
12. With a strong hand and with an outstretched arm, for His kindness is forever.
13. Who split the Sea of Reeds into sections, for His kindness is forever.
14. And brought Israel across it, for His kindness is forever.
15. And cast Pharaoh and his army into the Sea of Reeds, for His kindness is forever.
16. Who led His people through the desert, for His kindness is forever;
17. Who struck down great kings, for His kindness is forever.
18. And slew mighty kings, for His kindness is forever.
19. Sichon, king of the Amorites, for His kindness is forever.
20. And Og, king of Bashan, for His kindness is forever.
21. And gave their land as a heritage, for His kindness is forever.
22. A heritage to Israel His servant, for His kindness is forever.
23. Who remembered us in our humiliation, for His kindness is forever.
24. And redeemed us from our oppressors, for His kindness is forever.
25. Who gives food to all flesh, for His kindness is forever.
26. Praise the God of heaven, for His kindness is forever.
Chapter 137
Referring to the time of the destruction of the Temple, this psalm tells of when Nebuchadnezzar would ask the Levites to sing in captivity as they had in the Temple, to which they would reply, "How can we sing the song of God upon alien soil?" They were then comforted by Divine inspiration.
1. By the rivers of Babylon, there we sat and wept as we remembered Zion.
2. There, upon the willows, we hung our harps.
3. For there our captors demanded of us songs, and those who scorned us-rejoicing, [saying,] "Sing to us of the songs of Zion.”
4. How can we sing the song of the Lord on alien soil?
5. If I forget you, Jerusalem, let my right hand forget [its dexterity].
6. Let my tongue cleave to my palate if I will not remember you, if I will not bring to mind Jerusalem during my greatest joy!
7. Remember, O Lord, against the Edomites the day of [the destruction of] Jerusalem, when they said, "Raze it, raze it to its very foundation!”
8. O Babylon, who is destined to be laid waste, happy is he who will repay you in retribution for what you have inflicted on us.
9. Happy is he who will seize and crush your infants against the rock!
Chapter 138
David offers awesome praises to God for His kindness to him, and for fulfilling His promise to grant him kingship.
1. By David. I will thank You with all my heart, in the presence of princes I shall praise You.
2. I will bow toward Your Holy Sanctuary, and praise Your Name for Your kindness and for Your truth; for You have exalted Your word above all Your Names.
3. On the day that I called out You answered me, You emboldened me, [You put] strength in my soul.
4. Lord, all the kings of the land will give thanks to You when they hear the words of Your mouth.
5. And they will sing of the Lord's ways, for the glory of the Lord is great.
6. For though the Lord is exalted, He sees the lowly; the High One castigates from afar.
7. If I walk in the midst of distress, keep me alive; against the wrath of my enemies stretch out Your hand, and let Your right hand deliver me.
8. Lord, complete [Your kindness] on my behalf. Lord, Your kindness is forever, do not forsake the work of Your hands.
Chapter 139
A most prominent psalm that guides man in the ways of God as no other in all of the five books of Tehillim. Fortunate is he who recites it daily.
1. For the Conductor, by David, a psalm. O Lord, You have probed me, and You know.
2. You know my sitting down and my standing up; You perceive my thought from afar.
3. You encircle my going about and my lying down; You are familiar with all my paths.
4. For there was not yet a word on my tongue-and behold, Lord, You knew it all.
5. You have besieged me front and back, You have laid Your hand upon me.
6. Knowledge [to escape You] is beyond me; it is exalted, I cannot know it.
7. Where can I go [to escape] Your spirit? And where can I flee from Your presence?
8. If I ascend to the heavens, You are there; if I make my bed in the grave, behold, You are there.
9. Were I to take up wings as the dawn and dwell in the furthest part of the sea,
10. there, too, Your hand would guide me; Your right hand would hold me.
11. Were I to say, "Surely the darkness will shadow me," then the night would be as light around me.
12. Even the darkness obscures nothing from You; and the night shines like the day-the darkness is as light.
13. For You created my mind; You covered me in my mother's womb.
14. I will thank You, for I was formed in an awesome and wondrous way; unfathomable are Your works, though my soul perceives much.
15. My essence was not hidden from You even while I was born in concealment, formed in the depths of the earth.
16. Your eyes beheld my raw form; all [happenings] are inscribed in Your book, even those to be formed in future days-to Him they are the same.
17. How precious are Your thoughts to me, O God! How overwhelming, [even] their beginnings!
18. Were I to count them, they would outnumber the sand, even if I were to remain awake and always with You.
19. O that You would slay the wicked, O God, and men of blood [to whom I say], "Depart from me!”
20. They exalt You for wicked schemes, Your enemies raise [You] for falsehood.
21. Indeed, I hate those who hate You, Lord; I contend with those who rise up against You.
22. I hate them with the utmost hatred; I regard them as my own enemies.
23. Search me, Lord, and know my heart; test me and know my thoughts.
24. See if there is a vexing way in me, then lead me in the way of the world.
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Tanya: Likutei Amarim, beginning of Chapter 52
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, Iyar 28, 5774 • May 28, 2014
Likutei Amarim, beginning of Chapter 52
In the previous chapter the Alter Rebbe began to expound upon the theme of the indwelling of the Shechinah, which resided in the Holy of Holies and likewise in other places. He asked: “Is not the whole world filled with His glory?” Since there is no place void of Him, what do we mean when we say that G d chose a specific place for the Shechinah to rest?
He explained this according to the text: “From my flesh I see G d,” using the analogy of the soul, which pervades all the 248 organs of the body, yet its principal habitation is in the brain. This cannot be said to apply to the soul’s essence, for that is found equally in all 248 organs, from the highest, the brain, to the lowest in the feet. Rather this refers to the general flow of the soul’s vitality into the body and its revelation there, before it is diffused and drawn down into all the bodily organs, each according to its particular capacity.
Concerning this general aspect we say that its principal province and indwelling is in the brain; from there, a mere glimmer of this vitality is drawn down and revealed in the other bodily organs.
The same is true, the Alter Rebbe explains, in the analogue of G dliness and the world: The core and essence of the Ein Sof is the same in the higher and lower Worlds — He is concealed from them all equally, for even in the higher Worlds no thought can apprehend Him at all. At the same time He is equally to be found both in the higher and lower Worlds.
The difference between the higher and lower Worlds — as in the analogy of the bodily organs — subsists only with regard to the stream of vitality which flows and is revealed from the Ein Sof in order to create and vitalize the Worlds and their creatures. Concerning this level of revelation we say that in the higher Worlds G dliness is revealed to a greater degree, and in the lower Worlds, to a lesser degree.
In the present chapter the Alter Rebbe goes on to further explain how the analogue of G dliness and its place in the world relates to the analogy, in which the individual’s vitality in its undiffused state resides in the brain.
וכמו שבנשמת האדם עיקר גילוי כללות החיות הוא במוחין, וכל האברים מקבלים אור וכח לבד המאיר להם ממקור גילוי החיות שבמוחין
And just as in the human soul the principal manifestation of the undiffused vitality is in the brain, while all the organs receive merely a light and potency which radiates to them from the source of the manifestation of the said vitality in the brain,
ככה ממש, על דרך משל, עיקר גילוי כללות המשכת החיות, להחיות העולמות והברואים שבהם, הוא מלובש ונכלל ברצונו וחכמתו ובינתו ודעתו יתברך, הנקראים בשם מוחין
so indeed, figuratively speaking, is the essential manifestation of the general stream of vitality, animating the Worlds and the creatures therein, clothed and contained in His blessed Will, wisdom, understanding and knowledge, which are called the “intelligence”,
The Sefirot of Keter (Will), Chochmah, Binah and Daat as they exist Above are collectively called “intelligence”. Within them is enclothed the stream of undiffused vitality, which is the first revelation of the Ein Sof in the Worlds.
והן הן המלובשים בתורה ומצותיה
and these (Will, Chochmah, Binah and Daat) are clothed in the Torah and its mitzvot.
This is their abode, for Torah law and the mitzvot are themselves the Will of G d, desiring as He does that the law in a particular case should be specifically one way and not the other, and that a particular mitzvah be performed in a certain manner and not otherwise. Understanding the laws and knowing the reasons for the mitzvot, — this belongs to the divine levels of Chochmah and Binah. Thus, within Torah and the mitzvot is enclothed the “intelligence” of Above, and in it is to be found the undiffused stream of vitality that descends into the Worlds.
וגילוי כללות המשכה זו
The manifestation of this general flow of life, which is similar to the undiffused stream of vitality found in the brain, takes place — as the Alter Rebbe will soon say — when the flow from “intelligence” descends into the Sefirah of Malchut. This manifestation:
הוא מקור החיות אשר העולמות מקבלים, כל אחד בפרטות רק הארה מתפשטת ומאירה ממקור זה
is the source of the vitality which the Worlds receive, each one in particular receiving but a diffused glow that shines forth from this source,
This refers not to the general stream of vitality found in “intelligence”, but to its revelation. This revelation is the source of the vitality received by all Worlds and their creatures, each according to its particular level. The diffused glow that shines forth is:
כדמיון אור המתפשט מהשמש, על דרך משל, וכחות אברי הגוף מהמוח הנ״ל
in a similar manner to the light that radiates from the sun, by way of example, where the rays are but a diffused glimmer of the sun’s essence, or as the faculties of the organs of the body derive from the brain, as discussed above, in the previous chapter.
ומקור זה הוא הנקרא עלמא דאתגליא
It is this source (this source being a revelation from the general stream of vitality found within “intelligence”) which is called in the Kabbalah the “world of manifestation,” because — as the Alter Rebbe will soon say — it is here that G dliness first becomes manifest in the Worlds.
ומטרוניתא
and it is also called matrunita (Aramaic for “queen”), for the “queen” receives her vitality from Kudsha Brich Hu (Aramaic for “the Holy One, blessed be He”), the “king”,
ואימא תתאה
and it is also known as the “nether mother,” the lower level of “mother” — for Binah, too, is known as “mother” (as the verse says,1 “Allude to Binah as mother”). Binah, however, is the higher level of “mother”, while Malchut is the “nether mother,”
ושכינה, מלשון: ושכנתי בתוכם
and is called the Shechinah, from the Scriptural phrase,2 “...and I will dwell among them,” for its Hebrew root means: to dwell and be revealed.3
As the Rebbe explains, the Alter Rebbe now goes on to explain the meaning and character of each of the above-listed names, as well as their particular effect.
על שם שמקור זה הוא ראשית התגלות אור אין סוף
The above-mentioned source is called the “world of manifestation”: For this source is the beginning of the revelation of the light of Ein Sof, and since the source itself constitutes a revelation, it is itself known as the “world of manifestation” — because of its own nature, and not because it vitalizes the revealed Worlds.
אשר ממשיך ומאיר לעולמות בבחינת גילוי
It is called “queen” because it is this level which extends to and illumines the Worlds in a revealed manner — similar to a queen, for through her the wishes of the king are revealed.
Thus, the source of life, i.e., the first revelation of the light of Ein Sof, is first manifest in the “queen”.
וממקור זה נמשך לכל אחד האור וחיות פרטי הראוי לו
From this source there extends to each individual thing, World or creature, the particular light and vitality suitable for it, for which reason it is called the “nether mother,” for it is the “mother” and source of the particular form of vitality of each and every creature.
ושוכן ומתלבש בתוכם להחיותם
and it (the light) dwells and is clothed in them (in the Worlds and their respective creatures), thereby animating them.
Since it dwells, animates and is enclothed in every World and creature it is called Shechinah, which as previously explained means “indwelling”.
Until now the Alter Rebbe has clarified how the light is the source of the Worlds and creatures in general. He now goes on to explain how it is also the source of Jewish souls.
ולכן נקרא אם הבנים, על דרך משל, וכנסת ישראל, שממקור זה נאצלו נשמות דאצילות, ונבראו נשמות דבריאה וכו׳
Therefore it is figuratively called “mother of the children” i.e., of Jewish souls, and is also called “community of Israel,” for from this source the souls of Atzilut have emanated, these being “emanations” and not “creations”, and the souls of Beriah have been created, and so forth,
וכולן אינן רק מהתפשטות החיות והאור מהמקור הזה, הנקרא שכינה
all of them — all the Worlds, creatures and souls — being derived only from the extension of the vitality and light which extends and streams forth from this source which is called Shechinah,
כהתפשטות האור מהשמש
in a manner resembling the radiation of light from the sun, this radiation being but a ray from its source.
FOOTNOTES
1. See Mishlei 2:3; Berachot 57a (and Chiddushei Aggadot of Maharsha, ad loc.).
2. Shmot 25:8.
3. Note of the Rebbe: “In all the above no mention is made that this is the level of Malchut of Atzilut, and ‘Divine speech.’ Only later, as an introduction to the concept of ‘Holy of Holies’ and Torah, and the manner in which they descend from World to World, does the Alter Rebbe use the terms, ‘Malchut of Atzilut...,’ ‘Malchut of Beriah...,’ and so on. For inasmuch as he finds support for this in Etz Chayim he uses the terminology of Etz Chayim — Malchut (and not Shechinah, and the like). The Tanya itself, however, does not adopt the style of Kabbalistic writings.”
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Wednesday, Iyar 28, 5774 • May 28, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 131
Declaration of Tithes
"And you shall say before G d, your G d: 'I have removed the holy from the house, and I have also given it to the Levite, the stranger, the orphan, and the widow...'"—Deuteronomy 26:13.
[This mitzvah is observed on the eve of Passover on the fourth and seventh year of the seven-year Shemitah (Sabbatical) cycle.]
We are commanded to declare before G d that we have separated the requisite tithes. We must verbally clear ourselves of these tithes, just as we have physically parted with them.
Declaration of Tithes
Positive Commandment 131
Translated by Berel Bell
The 131st mitzvah is that we are commanded to make a proclamation of the kindness G‑d has bestowed upon us; and that we have separated the obligatory ma'asros and terumos. We must verbally clear ourselves from them just as we have physically cleared them from our premises. This is called vidui ma'aser.1
The source of this commandment is G‑d's statement,2 "And you must declare before G‑d your L‑rd: 'I have removed all the sacred portions from my house; I have given the appropriate ones to the Levite and to the orphan and widow....' "
The details of this mitzvah, and the manner and process of removing the tithes are explained in the last chapter of tractate Ma'aser Sheni.
FOOTNOTES
1.The declaration is made on the seventh day of Pesach in the 4th and 7th years of the shemittah cycle.
2.Deut. 26:13.
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Positive Commandment 125
The First Fruits
"The first fruits of your land that ripen you shall bring to the house of G d, your G d"—Exodus 23:19.
We are commanded to separate the first fruit that ripen and bring them to the Holy Temple, where they are given to the priests.
This mitzvah only applies when the Temple is standing, and only to produce of the "Seven Kinds" [wheat, barley, grapes, figs, dates, pomegranates, and olives] that grew in Israel (on the east or west bank of the Jordan) and certain lands that adjoin Israel.
The First Fruits
Positive Commandment 125
Translated by Berel Bell
The 125th mitzvah is that we are commanded to separate first-fruits [bikkurim] and to bring them to the Bais Hamikdosh.
The source of this commandment is G‑d's statement,1 "Bring your first fruits to the house of G‑d your L‑rd."
It is clear that this mitzvah applies only when the Bais Hamikdosh is standing; that one brings fruit only from Eretz Yisroel, Syria, and the east side of the Jordan; and only fruit from the seven species.2
The details of this mitzvah are explained in tractate Bikkurim. There it is explained that bikkurim become the kohen's property.
FOOTNOTES
1.Ex. 23:19.
2.Wheat, barley, grapes, figs, pomegranates, olives, and dates.
________________________________________
Rambam:
• 1 Chapter: Zechiyah uMattanah Zechiyah uMattanah - Chapter One Zechiyah uMattanah - Chapter One
HILCHOT ZECHIYAH UMATANAH
The Laws of Acquisition and Gifts
The purpose of these laws is to determine how a person acquires an ownerless article and the processes that he employs. They also explain the rules governing one who gives a gift and one who receives, and which gift is retracted and which is not.
All these laws are explained in the chapters that follow.
Halacha 1
Whoever takes hold of ownerless property acquires it. Any objects found naturally in deserts, rivers and streams - e.g., grass, trees, wild fruit and the like - are ownerless. Whoever first takes hold of such an object acquires it.
Halacha 2
When a person catches fish in a sea or in a river, and similarly, when he catches fowl, or various wild beasts, since they are ownerless, he acquires them. He may not, however, hunt in a field belonging to a colleague. Nevertheless, if he snares an animal there, he acquires it.
If fish - or wild beasts or fowl - are in vivariums belonging to another person, they belong to the owner of the vivarium. A person who snares an animal there is considered to be a robber. This applies even if the vivarium is large and effort is required to snare the animal.
Halacha 3
However, when a person takes a fish from the net of a colleague at sea, or takes a beast from a snare of a colleague set in the desert, this is prohibited by virtue of Rabbinic decree. If the snare could be considered to be a container, and the person took the fish or the animal from the container, he is considered to be a robber.
Halacha 4
When a person spreads out a snare in a field belonging to a colleague, and traps a beast or a fowl, he acquires it, even though he does not have permission to do this. If the owner of the field was standing in the field at the time the animal was trapped, and said: "My field acquires this on my behalf," the owner of the field acquires it, and the owner of the snare does not acquire anything.
Halacha 5
When fish jump into a boat, they become acquired by the owner of the boat, for the boat is considered to be a protected courtyard. It is not considered to be a moving courtyard, because the boat does not move on its own. It is the water that moves it.
Halacha 6
When a convert dies without having fathered a Jew after his conversion, he has no heirs. Instead, the first person who takes hold of his property acquires it. A neighbor does not have the right to buy the property from the person who took hold of it, because this is considered to be a gift.
Halacha 7
The following laws apply when there are two fields in an estate that belong to a convert, with one boundary marker between them. If a person manifests ownership over one of the fields with the intent of acquiring it, he acquires it. If he manifests ownership over it with the intent of acquiring both it and the other field, he acquires the field over which he manifested ownership, but he does not acquire the other field.
If he manifests ownership over one field with the intent of acquiring only the other field, he does not acquire either of them. He does not acquire the field over which he did not manifest ownership because he did not manifest ownership over it. He does not acquire the field over which he did manifest ownership because he did not manifest ownership with the intent of acquiring it.
If he manifests ownership over one field with the intent of acquiring it, the other field and the boundary marker between them, or if he manifests ownership over the boundary marker with the intent of acquiring both fields, there is an unresolved doubt with regard to the matter. If another person comes and manifests ownership over one of the fields itself with the intent of acquiring it, the latter person becomes the legal owner.
Halacha 8
Similarly, when two houses are located one within the other, if a person manifests ownership over one of the houses with the intent of acquiring both it and the other house, he acquires only the house over which he manifested ownership. If he manifests ownership over one house with the intent of acquiring only the other one, he does not acquire even the house over which he did manifest ownership.
Halacha 9
When a person takes hold over a deed of sale within the estate of a convert with the intent of acquiring the land mentioned in that deed, he acquires only the document itself. He may use it to wrap around the top of a bottle or the like.
Halacha 10
When the boundaries of a field belonging to a deceased convert are clearly marked, when a person plunges a spade into the field in one place, he acquires the entire field. If the boundaries of the field are not clearly marked, by plunging the spade into that one place, he acquires only a portion over which a team of oxen will pass when plowing, before the team returns.
A boundary marker and a chatzav used to designate boundaries serve as cut-off points with regard to the estate of a convert. Whoever manifests ownership over the field acquires only up to the boundary marker or the chatzav.
11. Whatever is considered significant to create a separation with regard to the distribution of pe'ah is also considered significant to create a separation with regard to the acquisition of the property of a deceased convert.
What is implied? If there was a stream, an irrigation ditch or the like, the person seeking to acquire the field acquires only up to the stream or up to the irrigation ditch.
Whatever creates a distinction with regard to the domains of the Sabbath, creates a distinction with regard to the acquisition of the property of a deceased convert - for example, a situation where a private domain or a carmelit is interposed between two fields. Indeed, a distinction is created, even if the two fields were separated by a domain that is considered a distinction with regard to the transfer of a bill of divorce.
Halacha 12
Whenever a distinction is created with regard to the laws of ritual impurity, it also applies with regard to the acquisition of the property of a deceased convert.
What is implied? A person enters a valley. There is an object that conveys ritual impurity on one side of the valley, and the person does not know whether or not he has reached the place that is ritually impure. Wherever the person would be considered to be ritually impure is considered to be a separate entity from the field as a whole.
Halacha 13
The following law applies when there is a large valley containing many fields, all belonging to one convert, and there is no boundary marker, chatzav or any other entity that creates a distinction between them. If one person comes and manifests ownership over a portion of the valley with the intent of acquiring the entire valley, he acquires all the land that is known to be owned by that convert.
Halacha 14
When a gentile sells movable property to a Jew or buys movable property, he acquires and transfers the property through meshichah or through the transfer of funds.
Different rules apply with regard to landed property. A gentile does not acquire landed property from a Jew without a deed of sale, nor does he transfer property without a deed of sale. For he will not rely on anything but a deed of sale.
For this reason, if a Jew purchased a field from a gentile and paid the money for it, but before he could manifest his ownership over it, another Jew came and manifested ownership over it in a manner similar to that described above with regard to the acquisition of the property of a deceased convert, the latter person acquires the land. He must, however, repay the money to the purchaser.
The rationale for the decision is that the gentile abrogates his ownership over the property at the time he receives the money. And yet, the Jew [purchasing the land does not acquire it until the deed of sale reaches his hand. In the interim, the property is like property in the desert concerning which the rule is: Whoever manifests ownership over it acquires it.
Halacha 15
When does the above apply? When there are no known laws enforced by the governing sovereign. If, however, the law of the governing sovereign and his judgment is that only a person whose name is mentioned in the deed of sale - who paid money for the property or the like - can acquire the land, we follow the law of the governing sovereign. For we rule according to all the financial laws of the governing sovereign.
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Rambam:
• 3 Chapters: Maaser Sheini Maaser Sheini - Chapter 11, Bikkurim Bikkurim - Chapter 1, Bikkurim Bikkurim - Chapter 2
Maaser Sheini - Chapter 11
Halacha 1
It is a positive commandment to make a declaration1 before God2after all the presents3 from the agricultural products.4 This is called the declaration of the tithes.
Halacha 2
This declaration is made only after the year in which the tithe for the poor is separated,5 as [Deuteronomy 26:12-13] states: "When you complete tithing, and you shall declare before God your Lord: 'I have removed all the sacred substances from the house...'"
Halacha 3
When is this declaration made? On the afternoon of the last festival6 of the Pesach holiday7 of the fourth and seventh year, as [the prooftext] states: "When you complete tithing...," i.e., on the festival when all the tithes are completed. Pesach of the fourth year will not arrive before all of the produce - both those that grow from the earth and those that grow from trees - have been tithed.
Halacha 4
The declaration may only be made during the day.8 The entire day9 is appropriate for this declaration. Whether the Temple is standing or not,10 one he is obligated to remove [all the agricultural presents from his possession] and make the declaration.11
Halacha 5
This declaration may be made in any language,12 as [indicated by the prooftext]: "You shall declare before God your Lord," i.e., in any language in which you declare.
Each person should make this declaration individually.13 If many desire to recite it together, they may.14
Halacha 6
[The proper way of performing] the mitzvah is to recite the declaration in the Temple, as [implied by] the phrase: "before God." [Nevertheless,] if he made the declaration in any other place, he fulfilled his obligation.
Halacha 7
A person may not make this declaration until he has disposed of all the agricultural presents in his possession.15 For in the declaration he states: "I have removed all the sacred substances from the house."16 On the day before the final day of the Pesach festival,17 one must remove [the lasts of the presents] and on the following day, the declaration is made.
Halacha 8
What must one done? If he has terumah or terumat ma'aser in his possession, he should give them to a priest. The first tithe should be given to a Levite and tithe of the poor to the poor. If produce that was definitely from the second tithe or neta reva'i18 or money from their redemption remained in his possession, he must destroy it and cast it in the sea or burn it.19 If the second tithe of demai remains in his possession, he is not obligated to destroy it.20 If the first fruits remain in his possession, they may be destroyed in any place.
Halacha 9
When does the obligation to burn and remove apply? When there remains in his possession [fresh] produce that one cannot consume before the commencement of the holiday. If, however, cooked food from the second tithe or neta reva'i remain, it need not be removed, for cooked food is considered as if it was removed.21 Similarly, wine and spices are considered as if they were removed.22
Halacha 10
Produce that has not reached the "phase of tithing"23 by the time the time for the removal of presents arrives does not prevent a person from making a declaration, nor is he obligated to remove them from his possession.24
Halacha 11
When produce belonging to a person was distant from him [when] the time for its removal arrived,25 he should designate the presents [appropriately]26 and transfer them to their owners by giving them together with land.27 Alternatively, [he may give them to] someone who will acquire them for their owners. He may then recite the declaration the following day.
[The rationale is] that transferring movable property to a person together with landed property is a present that has been strengthened. He may not, however, transfer [the produce from] the tithes to them via an exchange,28 because it resembles a sale and [the Torah] speaks of giving, not selling, the tithes, terumah, and the other presents.29
Halacha 12
What source teaches that he cannot recite the declaration until he removes all the presents [from his possession]? [It is written:] "I have removed all the sacred substances from the house." "The sacred substances" refers to the second tithe and neta reva'i which are called "sanctified."30 "From the house" refers to challah, for it is a present given to the priests in one's home.31 [The prooftext continues:] "I gave it to the Levite" - this refers to the first tithe. "And I also gave it" - this implies that it was preceded by another present, i.e., the great terumah and terumat ma'aser. "To the stranger, the orphan, and the widow" - this refers to the tithe given to the poor, leket, shichachah, and pe'ah. [The latter three are mentioned] even though [the failure to give them] does not prevent recitation of the declaration.32
Halacha 13
The presents must be separated according to the desired order33 and afterwards, the declaration is made, as [implied by the continuation of the verse:] "according to all Your mitzvot which You commanded me." Thus if he gives the second tithe before the first tithe, he cannot recite this declaration.34
If a person's tevel is burnt, he cannot make this declaration, for he did not separate the presents or give them to the people designated. In the era when the first tithe was given to the priests,35 the declaration was not made, [because it contains the words:] "I gave it to the Levite."
Halacha 14
When a person possesses only the second tithe, he should make the declaration, for the fundamental dimension of the declaration concerns the [second] tithe.36 Similarly, if he possesses only the first fruits, he should make the declaration, for [the prooftext] states: "I removed the holy substances" and the first type of produce that is holy is the first fruits.37 When, however, a person only possesses terumah, he does not recite the declaration,38 because terumah [in and of itself] does not require a declaration except as part of all the presents [together].
Halacha 15
[The prooftext continues:] "I did not violate your commandments,"39 i.e., he did not separate from one species for another, nor from produce that has been reaped for produce that is still attached to the ground, nor from produce that is attached, nor from produce from the present year for that of the previous year, nor from produce of the previous year for that of the present year.40
[The prooftext continues:] "I did not forget," I did not forget to bless Him and recall His name with regard to them.41 "I did not partake of it in a state of acute mourning";42thus if he partakes of it in a state of acute mourning, he does not recite the declaration. "I did not partake of it in a state of impurity," thus if he separates it in a state of acute mourning, he does not recite the declaration. "I did not give of it to a corpse." This implies that he did not use [money from the redemption of the tithes] for a coffin or shrouds, nor did he give it to other people in a state of mourning. "I heeded the voice of God my Lord," i.e., I brought it to the Temple.43 "I performed everything that You commanded me," I rejoiced. And I shared that rejoicing with others with it, as [Deuteronomy 26:11]: "And you share rejoice in all the good."
Halacha 16
[The passage continues:] "Look down from Your holy habitation heaven... as You swore to our ancestors, a land flowing with milk and honey." This is a prayer that the fruits be flavorful.
Halacha 17
Israelites and mamzerim44 may make this declaration, but not converts and freed slaves, because they do not have an ancestral portion in Eretz Yisrael45 and in the declaration one says: "And the land that You gave us." Priests and Levites may make the declaration. Although they did not receive a portion in the division of the land, they were granted cities in which to dwell.46
Blessed be God who grants assistance.
FOOTNOTES
1.In other contexts, the term used by the Rambam here (and by the previous Rabbinic sources) usually means "confession." Among the reasons why this term is used is because the fact that the terumah and the tithes are given to the priests and Levites is a result of the Jews' sin. Had that not occurred, these agricultural separations would have been given to the firstborn.
2.I.e., in the Temple.
3.See Halachah 12.
4.Sefer HaMitzvot (positive commandment 131) and Sefer HaChinuch (mitzvah 607) include this commandment among the 613 mitzvot of the Torah.
5.The third and the sixth years of the seven year cycle.
6.Rashi and others, by contrast, maintain that this declaration should be made on the first day of the Pesach holiday. The Rambam's opinion is based on the Jerusalem Talmud (Ma'aser Sheni 5:10) which states that the Jews were given the opportunity to partake of the second tithe throughout the Pesach holiday so that they would have ample resources with which to celebrate and partake of this food. For that same reason, the declaration is delayed until the afternoon.
7.For on Sukkot, there are still many fruits from the sixth year in the field (Radbaz; Siftei Cohen 331:159).
8.A declaration made at night is unacceptable.
9.From sunrise to sunset. The above statement that it is made in the afternoon was a leniency intended to provide a person with latitude.
10.For, as stated in Hilchot Terumah 1:1, the laws of terumah and the other agricultural requirements apply even if the Temple is not standing.
11.The Ra'avad differs and maintains that the mitzvah to make a declaration applies only in the Temple. The Radbaz supports the Rambam's ruling, explaining that it is based on the Halachah 6. Since, after the fact, one fulfills his obligation if he makes the declaration outside the Temple, when there is no Temple, there is no choice but to accept that alternative.
12.It must, however, be an exact translation. Note the contrast to the declaration made when bringing the first fruits (Hilchot Bikkurim 3:10).
13.I.e., this is the desirable manner of performing the mitzvah (Siftei Cohen 331:161).
14.Not the Minchat Chinuch (Mitzvah 607) which states that the Rambam is speaking about a situation where one person speaks out loud and the others fulfill their obligation by listening.
15.The Minchat Chinuch and others question why the removal of the presents from one's property is not considered as an independent mitzvah.
16.And if he still possessed these presents, he would be lying. See the following halachot.
17.The standard published text of Ma'aser Sheni 5:6 states "The day before the first holiday of the Pesach festival." The Rambam apparently had a different version of that mishnah. The Kessef Mishneh justifies the Rambam's version, explaining that on the passage from the Jerusalem Talmud cited above which explains that the declaration was delayed so that the people would be able to partake of the presents during the festival indicates that they would not have to remove the presents from their possession until the festival's conclusion.
18.This halachah is based on Ma'aser Sheni 5:6. That mishnah does not mention neta reva'i. Nevertheless, the Rambam adds it because all the laws that apply to the second tithe apply to it (Kessef Mishneh).
19.Thus there are two types of biur, removal of agricultural presents: giving presents to those to whom they are supposed to be given and destroying, those which one keeps for oneself (ibid.).
20.Since the obligation to separate it was imposed only because of a doubt, we rule leniently.
21.For if it is left for any significant amount of time, it will spoil [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:6)].
22.For they also will spoil if left for any significant amount of time.
23.One third of its growth, as stated in Hilchot Ma'aserot 2:5.
24.Since the produce has not reached this stage of development, there is no obligation to tithe it. Hence, it need not be removed or included in the declaration.
25.Ma'aser Sheni 5:9 relates that once when the time to remove produce arrived, Rabban Gamliel was on a sea journey and could not physically give the produce to anyone else. He therefore transferred the presents to other sages in the manner described here. Since Rabbi Elazar ben Arach was a priest, he gave him terumah, Rabbi Yehoshua was a Levite and so he gave him the tithes, and since Rabbi Akiva was a collector of gifts for the poor, he gave him the tithes for the poor.
26.And specify in which portion of the grainheap they are located.
27.See Hilchot Mechirah, ch. 6, which describes how this transfer of property operates. This means of transfer is used, because this is the only way the ownership produce can be given to these individuals without an actual physical transfer.
28.The term "exchange" is translated the Hebrew kinyan chilipin, a legal act that formalizes a transaction. See Hilchot Mechirah, ch. 5, for a description. Although this legal act is frequently employed, it is not appropriate in this instance, because the gift would resemble a sale and not a present.
29.As stated in Deuteronomy 26:13.
30.See Chapter 9, Halachah 1.
31.I.e., it is not given until the grain is made into dough [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:10)].
32.The commentaries have pointed out a difference between leket, shichachah, and pe'ah and the other presents. For the Torah does not prescribe giving the latter three to the poor, but rather leaving them for them.
33.See Hilchot Terumah 3:23 with regard to the desired order of the presents.
34.For he cannot say: "As You commanded me," since by deviating from the desired order, he did not fulfill the mitzvot "as commanded." Indeed, he committed a transgression.
35.When Ezra led the Jews back to Eretz Yisrael after the Babylonian exile, by and large, the Levites did not accompany him. Therefore, he punished them, decreeing that the tithes should be given to the priests instead (Hilchot Ma'aser 1:4). From the Rambam's statements here and also in that source, some have inferred that Ezra's decree applied only in his generation and not in later eras. This conclusion is not, however, borne out by his Commentary to the Mishnah (ibid. 5:15)].
36.Of them all, it is the only one that must be destroyed as stated in Halachah 8.
37.And it must also be removed from one's possession.
38.The Kessef Mishneh states that the same rule applies to the first tithe. For neither of them must be removed from one's possession at a given time.
39.Although the Rambam explains the details of this declaration, the intent is not that one should explain it while reciting it. Instead, he should merely read the passage as it is stated in the Torah [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:13)].
40.See Hilchot Terumah 5:18; 5:9, 5:11, and Hilchot Ma'aser 1:12 which explains that separating the presents in such a manner is forbidden.
41.Some interpret this as referring to the recitation of a blessing when making the separations. The commentaries question these interpretations, however, because the blessings were instituted by the Rabbis and here we are speaking of the exegesis of a Biblical verse. Others maintain that it refers to reciting grace after partaking of the grain, for that is a Scriptural command.
42.See Chapter 3, Halachah 5ff.
43.This refers to the first fruits. The second tithe need not be brought to the Temple.
44.A child born out of an adulterous or incestuous union. Even though they are forbidden to marry, they are considered heirs and are granted their ancestral heritage.
45.Although they may purchase land in Eretz Yisrael, they were not granted an ancestral heritage when the land was divided among the tribes and thus there is no portion of Eretz Yisrael that is theirs in an ultimate sense. For during the Jubilee year, any purchased land will return to its owner. Note the contrast to the declaration concerning the first fruits which they are required to make (Hilchot Bikkurim 4:3).
46.As related in Numbers, ch. 35, in addition to the six cities of refuge, the Levites were given 42 cities that were scattered throughout the entire land of Eretz Yisrael.
Bikkurim - Chapter 1
Halacha 1
There are 24 presents that are given to the priests.1 All of them are explicitly mentioned in the Torah. A covenant was established with Aaron over all of them.2 Any priest who does not acknowledge them3 does not have a portion in the priesthood and he is not given any of these presents.
Halacha 2
Every [priest] who partakes of one of the presents [given to the priests] that is sanctified4 should recite a blessing: '[Blessed are You].. who sanctified us with the sanctity of Aaron and commanded us to partake of...' [mentioning the particular type of present he is eating].5
Halacha 3
Eight of the presents may be eaten by the priests only in the Sanctuary, within the walls of the Temple Courtyard.6 Five of them may be eaten only in Jerusalem within the walls of the city.7 According to Scriptural Law, there are five presents that are acquired [by the priests] only in Eretz Yisrael.8 There are five presents that they acquire both in Eretz Yisrael and in the Diaspora.9 And there is one present that that they acquire from the Temple's [property].10
Halacha 4
What are the eight that may be eaten only in Temple? The meat of the sin offering - this includes both sin-offerings of fowl and sin-offerings of animals,11the meat of a guilt-offering,12 whether a definite guilt-offering or a guilt-offering brought because of doubt,13 communal peace offerings,14 [the portion of] the omer offering that remains,15 [the portion of] an Israelite's meal offering that remains,16 the two loaves [offered on Shavuot],17 the show bread,18 and the log of oil brought by a metzora.19 [All of] these may be eaten only in the Temple.
Halacha 5
What are the five that are eaten only in Jerusalem? The breast and the leg of the peace offering,20the portion granted [the priests] from the thanksgiving offering,21the portion granted [the priests] from the ram brought by a nazirite,22 the firstborn of a kosher animal,23 and the first fruits.24 [A1l of] these may be eaten only in Jerusalem.
Halacha 6
What are the five [that are given] in Eretz Yisrael? Terumah, terumat ma'aser, and challah - these three are sanctified,25 the first shearings,26 and an ancestral field [that was consecrated]27 - these are ordinary property. [The priests are granted] these according to Scriptural Law only in Eretz Yisrael.28 Terumot and challot from Eretz Yisrael may be eaten only in Eretz Yisrael.29
Halacha 7
What are the five that the priests acquire in all places? The presents [given when slaughtering animals],30 [the money given for] the redemption of a firstborn [son],31 [the lamb given for] the redemption of a firstborn [donkey],32 [property] stolen from a convert [who died heirless],33 and dedication offerings.34 These five are are ordinary property.
Halacha 8
The present that they acquire from the Temple's property35 is the hides from the burnt-offerings.36 This also applies to the hides from other sacrifices of the most holy order. They are all given to the priests.
Halacha 9
The eight presents that may be eaten only in the Sanctuary are all sacrifices of the most holy order. They may be eaten only by male priests, as will be explained in the appropriate place.37 Concerning them, [Leviticus 6:22] states: 'All males among the priesthood shall partake of it.
Halacha 10
The five [presents that may be eaten only] in Jerusalem are all sacrifices of lesser sanctity.38 [Both] males and females [of the priestly family] may partake of them.39 Concerning them, [Numbers 18:11] states: 'To you, and your sons and your daughters with you have I given them as an eternal decree.' [Although woman may partake of them,] they are granted only to the males of the priestly family. For they are given to the men of the watch [serving in the Temple].40
The fat and the blood of the firstborn [of kosher animals] was offered and only a male was allowed to offer it.41 Similarly, the hides of the sacrifices of the most sacred order, an ancestral field, dedication offerings, and the stolen property of a convert are acquired only by the men of the priestly watch [of that week], as will be explained.
Similarly, the redemption of firstborn [sons is given] only to males of the priestly family, for concerning it, [Numbers 3:48] states: 'And you shall give the money to Aaron and his sons.' [Similarly, the redemption of] a firstborn donkey [is given] to males of the priestly family, for all the laws of the firstborn are parallel. [The redemption is given] to males and not females.
Halacha 11
Thus you have learned that the presents given [directly] to females like males are five: terumah,42 terumat ma'aser, challah,43 the presents given when slaughtering an animal,44 and the first shearings.
What is the source that teaches that the first shearings may be given to a woman of the priestly family? 'The first of your grain, your wine, and your oil, and the first shearings of your flock shall you give to him' [Deuteronomy 18:4]. [The verse establishes an equivalence:] Just as [terumah,] the first of the grain, may be given to females as well as males, so too, the first shearings.
Halacha 12
0ur Sages45 reckoned these presents in another manner, stating: 24 presents for the priests were given to Aaron. They are 10 in the Temple, 4 in Jerusalem, and 10 in the outlying areas.
Halacha 13
The ten in the Temple are: a) an animal brought as a sin-offering, b) a fowl brought as a sin-offering, c) a guilt-offering, d) a guilt-offering brought because of doubt, e) the communal peace-offerings, f) the log of oil brought by a nazirite, g) the two breads, h) the show bread, i) the remnants of the meal offering, and j) the remnants of the omer offering.
Halacha 14
The four in Jerusalem are: a) the firstborn [kosher animal], b) the first fruits, c) the portion granted [the priests] from the thanksgiving offering and the portion granted [the priests] from the ram brought by a nazirite, and d) the hides of the sacrifices.46
Halacha 15
The ten in the outlying areas are: a) terumah, b) terumat ma'aser, c) challah, d) the first shearings, e) the presents given when slaughtering an animal, f) the redemption of a firstborn [son], g) the redemption of a firstborn donkey, h) a field that was designated as a dedication offering, i) an ancestral field, and j) the stolen property of a convert.
According to this reckoning, all of the portions given the priests from sacrifices of lesser sanctity are considered as one present. This includes: the breast and the leg that is given [the priest] from every peace offering, together with the bread that is given with them if [the peace offering] was a thanksgiving offering47 and the foreleg given the priest from the nazirite's ram, with the bread given with it, and the breast and the leg.48 Since they are all peace offerings, all of the portions given the priests are considered as one present.
Halacha 16
AIl of the presents that are dependent on the sacrifices will be explained in their appropriate places in the laws of sacrifices.49 Similarly, [the laws pertaining to] the stolen property of a convert will be explained in Hilchot Gezeilah.50We have already explained the laws governing an ancestral field and dedication offerings in Hilchot Arachin51 and the laws ofterumah and terumat ma'aser in Hilchot Terumah. In the present halachot, I will explain the laws of the [priestly] presents that are not dependent on the sacrifices: the first fruits,52 challah,53 the presents given when slaughtering an animal,54 the first shearings,55 the redemption of a firstborn son,56 the redemption of a firstborn donkey.57
FOOTNOTES
1.The Rambam specifies and categorizes them in this chapter.
2.Numbers 18:19 speaks of 'an eternal covenant of salt.' It is called a covenant of salt, because just as salt never spoils, so too, this covenant will endure forever (Rashi).
3.The Kessef Mishneh notes that Menachot 18b, the Rambam's apparent source, states: 'Any priest that does not acknowledge the priestly service does not receive a portion of the priesthood.' The Kessef Mishneh questions why the Rambam changes the wording of his source.
4.E.g., like terumah or the first fruits which are referred to as 'holy.'
5.These presents also include elements of the sacrificial offerings. The Rambam speaks about the mitzvah to partake of these sacred foods in Hilchot Ma'aseh HaKorbanot 10:1-2. And see Hilchot Terumah 15:22 which describes partaking of terumah.
6.See Halachah 4. The division of the presents into these categories is not found in a prior Rabbinic source, but instead, was made by the Rambam himself (Kessef Mishneh).
7.See Halachah 5.
8.See Halachah 6.
9.See Halachah 7.
10.See Halachah 8.
11.In Halachah 13, however, the Rambam's considers these two as separate presents. As the Radbaz clarifies, there is a difference in the procedure involved in these two offerings. See Hilchot Ma'aseh HaKorbonot 1:1; 10:3.
12.See Hilchot Ma'aseh HaKorbanot 9:1, 10:3.
13.In Halachah 13, however, the Rambam's considers these two as separate presents. As the Radbaz clarifies, there is a difference in the procedure involved in these two offerings. See Hilchot Ma'aseh HaKorbonot 1:1; 10:3.
14.See Hilchot Ma'asehHaKorbanot1:4, 9:4.
15.I.e., the portion that remains after a handful is taken to be offered on the altar. See Hilchot Temidim UMusafim 7: 12.
16.I.e., the portion that remains after a handful is taken to be offered on the altar. An Israelite's offering is mentioned in contrast to that of a priest which is offered on the altar entirely. See Hilchot Ma'aseh HaKorbanot 10:2-3, 12:9.
17.See Hilchot Temidim UMusafim 8:11.
18.See Hilchot Temidim UMusafim4:9.
19.SeeHilchot Mechusrei Kapparah 4:3.
20.SeeHilchot Ma'aseh HaKorbanot 10:4-5.
21.See ibid. 9:12.
22.See ibid. 9:12.
23.See Hilchot Bechorot 1:2.
24.See Chapter 3, Halachah 3.
25.And must be eaten in a state of ritual purity.
26.See Chapter 10, Halachah 1.
27.See Hilchot Arachin VaCharamim 4:1-2, 19.
28.According to Rabbinic Law, terumah and challah are also separated in the Diaspora.
29.On the contrary, if they are taken to the Diaspora, they become impure (see Hilchot Terumah 2:17).
30.The foreleg, the jaw, and the maw; see Chapter 9, Halachah 1.
31.See Chapter 11.
32.See Chapter 12.
33.See Hilchot Gezeilah 8:5.
34.See Hilchot Arachin VaCharamim6:4.
35.The Rambam puts this present in a category of its own, because unlike all of the above which were given by individuals, this present comes from the Temple's property (Radbaz). Once the hides are given to the priests, they are considered as ordinary property and may be used for mundane purposes.
36.See Hilchot Ma'aseh HaKorbanot 5:19. Hilchot Pesulei HaMukdashim 19:9.
37.Hilchot Ma'aseh HaKorbanot 9:1, 10:3, 12:3.
38.See Hilchot Ma'aseh HaKorbanot 1:17 with regard to the sacrifices of lesser sanctity. Chapter 3, Halachah 1, equates the first fruits with those sacrifices.
39.See Hilchot Ma'aseh HaKorbanot 10:17.
40.As explained in Hilchot K'lei HaMikdash 4:3, the priestly family was divided into 24 watches. Each one would serve in the Temple for a week. During that week, its members had the rights to all the sacrifices offered during that time.
41.This sacrifice is not given to the priests of the weekly watch, but instead to the priest of the owner's choice [Hilchot Bechorot 1:15; the Rambam's Commentary to the Mishnah (Challah 4:9)]. That priest in turn offers it on the altar and may give its meat to whichever members of the priestly family, males and females, he desires to (see Radbaz).
42.See HilchotTerumah 12:22.
43.For the laws applying to terumah apply to both of these.
44.The foreleg, the jaw, and the maw; see Chapter 9, Halachah 1.
45.Tosefta, Challah 2:7.
46.Although these hides are not eaten in Jerusalem, but instead, can be sold and the proceeds used for any purpose, the Rambam places them in this category, because the priests would not take them out of the holy city. Instead, as a token of respect for their holiness, they would sell them there and use the proceeds to partake of food that was eaten in that holy place (Radbaz, gloss to Halachah 5).
47.A thanksgiving offering is one type of peace offering.
48.I.e., from the nazirite's ram, the priest is given a foreleg, a hindleg, and the breast. And he is also given a portion of bread that is offered with that sacrifice.
49.See the sources given above.
50.See Hilchot Gezeilah 8:5.
51.Hilchot Arachin, chs. 4-8.
52.See chs. 2-4.
53.See chs. 5-8.
54.See ch. 9.
55.See ch. 10.
56.See ch. 11.
57.See ch. 12.
Bikkurim - Chapter 2
Halacha 1
It is a positive commandment to bring the first fruits to the Temple.1 [The obligation of] the first fruits applies only while the Temple is standing, and only in Eretz Yisrael, as [implied by Exodus 23:19]: 'Bring of the first ripened fruit of your land2 to the house of God your Lord.'3 According to Rabbinic decree, one should bring first fruits even from the cities of Sichon and Og4 and from Syria.5For a person who purchases land in Syria is like one who purchases in Jerusalem. We do not bring the first fruits from the lands of Ammon and Moab6 and Babylon, even though they are liable for terumah and tithes according to Rabbinic decree.7 If one brings the first fruits from the Diaspora, they are not considered as first fruits.8
Halacha 2
The first fruits are brought only from the seven species which are mentioned when relating the praise of Eretz Yisrael.9 They are: wheat, barley,10 grapes, figs, pomegranates, olives, and dates. If one brought fruit from other species, it is not sanctifted.11
Halacha 3
We do not bring [first fruits] from the dates in the mountains, nor from the fruit from the valleys, not from oil-producing olives that are not of the highest quality, but rather from dates from the valleys and fruit from the mountains, for they are of the highest quality. If a person brought first fruits of inferior quality, e.g., dates from the mountains, figs that were perforated and had oil applied to them,12 dusty and smoked grapes,13 they are not consecrated.
Halacha 4
We may not bring liquids as the first fruits14 with the exception of [oil from] olives and [wine from] grapes, as [implied by Deuteronomy 26:2 which speaks of]: 'the fruit of the land,' i.e., [the fruit and] not a beverage. If one brought beverages, they are not accepted.15
Halacha 5
People who are close to Jerusalem should bring fresh figs and grapes.16 People who are distant should bring dried figs and raisins.17
Halacha 6
The first fruits should not be brought before Shavuot, for that holiday is referred to as 'the harvest festival, the first fruits of your work.' If one brings [them at that time], we do not accept them from him. Instead, they should be left there18 until Shavuot, at which time, he should make the declaration concerning them. Similarly, the first fruits should not be brought after Chanukah.19 For first fruits that ripen after Chanukah are considered as being of the coming year. They should be left until Shavuot.
Halacha 7
The first fruits may not be brought from produce of the present harvest for produce of the previous harvest or from produce of the previous harvest for produce of the present harvest.20
What is implied? One should not bring produce that budded before the 15th of Shvat21 as first fruits for produce that budded after the 15th of Shvat. [This applies] both to produce that is planted and produce that grows on its own, as [implied by Numbers 18: 13]: 'The first fruits of everything in their land.'22
Halacha 8
The obligation of the first fruits applies to the produce of partners, [implied by]: 'The first fruits of everything in their land.'23
Halacha 9
When produce grows in a flower pot, even if it has a hole or it grows in a ship, one should not bring first fruits from them at all. [for the prooftext] speaks of 'their land.'24 One should, however, bring from produce that grows on a roof or in a ruin.
Halacha 10
[In all the following situations,] a person should not bring the first fruits from the produce that grows in one domain or the produce that grows in another domain. [These situations include] one who plants a tree in his field and extends25 it into his colleague's field26 or into the public domain, or the trunk of the tree was in his field and he extended its end in his field but there was a public road or a private path interrupting between the trunk and the end which was extended. [This is derived from Exodus 23:19]: "the first fruits of your land.' [Implied is that] all the growth [of the tree] must be from your land.'27
Halacha 11
If his colleague gave him permission28 [to implant the end] in his property even for a brief time, he may bring the first fruits. If the tree was close to his colleague's boundary or leaned into his colleague's field29 [and he planted there], even though he was obligated to distance [his planting], he may bring [the first fruits]30 and recite the declaration, for Joshua gave the land [to our people] as an inheritance with that intent.31
Halacha 12
Sharecroppers, tenant farmers,32 men of force who compel the owners [to sell] their land and purchase it for a low price,33 and robbers34 may not bring first fruits, because [the prooftext] states: 'the first fruits of your land.'35 [This applies] even when the owners despair [of recovering their land].36
Halacha 13
When a person purchases a tree in a field belonging to a friend, he may not bring [the first fruits], because he does not own land. [If he purchases] three [trees], he does own land. Even if he formally acquired only the trees, it is as if he owns land.37If he purchased one tree and the land around it, he should bring [the first fruits].38
Halacha 14
When a person purchases fruit that has been harvested and purchases the land [on which they grew],39 he should bring the first fruits, because he possesses both land and the fruits.
When one sells a colleague fruit, but not the land, even when the fruit is still attached to the land, [neither the seller, nor the purchaser may bring the first fruits]. The seller may not bring them, because he does not own the fruits. The purchaser may not bring them, because he does not own the land. If the seller buys the fruit back from the purchaser, he may bring [the first fruits], because he [now] owns [both] the land and its produce.
Halacha 15
When a person sells his property to a gentile and later purchases it back from him, he must bring the first fruits from it according to Scriptural Law.40 [The rationale is that] it is not absolved from the mitzvah because of the gentile's purchase,41 as we explained.42
Halacha 16
[Although] one nullified an asherah,43the first fruits should not be brought from its produce. For the first fruits are like the sacrifices of the Temple.44
Halacha 17
There is no set measure for the first fruits according to Scriptural Law. According to Rabbinic Law, one should give one sixtieth of the crop. If one desires to set aside his entire crop as first fruits, he may.
Halacha 18
When a person separated his first fruits and afterwards added to them or adorned them, the addition is also considered as the first fruits.45
When does the above apply? When he brought [the first fruits] from Eretz Yisrael. If, however, he brought them from Transjordan or Syria, they are not as the first fruits.46 Even though they are not considered as the first fruits, they should only be eaten in a state of ritual purity.47 No matter where it is from,48 the first fruits should only be adorned with fruit from the seven species [mentioned in the praise of Eretz Yisrael].49
Halacha 19
How should one separate the first fruits? A person descends to his field, sees a fig tree, a cluster [of grapes], and/or a pomegranate tree that has budded, and ties them with a reed.50 He should say: "These are the first fruits.' They become designated as first fruits even though they are attached to the ground after they have been given that title, even though they have not ripened entirely.51
When they ripen and are reaped from the ground, it is not necessary to designate them again. If he did not designate them while attached or call them first fruits and then he reaped them, he should designate them after he reaps them.52
If his entire harvest becomes impure, he should not designate the impure produce as first fruits. Instead, as an initial preference, he should set aside other produce as first fruits for the impure produce. It appears to me that if he does not have other produce, to separate [as first fruits], he should not set them aside to be destroyed.53 Similarly, it appears to me54 that if the first fruits become impure, he should not use them as kindling for a furnace, because they are like objects consecrated for the Temple.55
Halacha 20
When a person set aside his first fruits and they rotted away,56 were taken by others, lost, stolen, or became impure,57 he is obligated to set aside others in place ofthem,58 as [Exodus 23:119] states: '...bring to the house of God your Lord.' This teaches that one is liable to replace them until he brings them to the Temple Mount.59
Halacha 21
If a person set aside his first fruits to bring them to Jerusalem himself, he should not send them with an agent60 If, however, he initially harvested them with the intent of sending them [to the Temple] with an agent, it is permitted for him to do so.61
FOOTNOTES
1.Sefer HaMitzvot (positive commandment 125) and Sefer HaChinuch (mitzvah 91) include this commandment among the 613 mitzvot of the Torah.
2.I.e., from the land given specifically to you, Eretz Yisrael.
3.I.e., only when the House of God, the Temple, is standing.
4.I.e., the lands on the eastern side of the Jordan that were captured from these kings by Moses as he led our people to the promised land. These territories were not part of the land flowing with milk and honey promised to Abraham, Isaac, and Jacob.
The Rambam's position here represents a reversal from his position in Sefer HaMitzvot, loc. cit., where he writes that according to Scriptural Law, the mitzvah of the first fruits applies in these lands. Similarly, in his Commentary to the Mishnah (Bikkurim 1:10), he states that the mitzvah applies in these lands according to Scriptural Law.
5.Lands to the north of Eretz Yisrael. These lands are not considered as part of Eretz Yisrael according to Scriptural Law. See Hilchot Terumah 1:9.
6.Lands to the southeast of Eretz Yisrael which were not conquered by the Jews upon their initial conquest of the land.
7.See Hilchot Terumah 1:1.
8.And instead are considered as ordinary produce. The rationale is that the first fruits must be ritually pure and all produce coming from the Diaspora is ritually impure by Rabbinic decree.
9.Deuteronomy 8:8.
10.See the gloss of Rabbi Akiva Eiger which states that rye, oats, and spelt, although considered as subspecies of wheat and barley in other contexts, should not be brought as the first fruits.
11.The Jerusalem Talmud (Bikkurim 1:3) derives this from the exegesis of Deuteronomy 26:2: 'And you shall take of the first of all the fruit of the land. 'Take of" implies an exclusion. Not all of the fruit may be brought as first fruits.
12.As the Rambam explains in his Commentary to the Mishnah (Sh'vi'it 2:5), these techniques are used to hurry the ripening of figs. Although they are effective, they reduce the quality of the figs.
13.I.e., at times, fires were lit under grape vines to kill worms and insects in the vine. This, however, reduced the quality of the fruit.
14.I.e., one may not bring juice from pomegranates, dates, and figs.
15.From the conclusion of the tractate of Challah, it would appear that it is not acceptable to bring wine or oil either. Nevertheless, the Rambam does not accept that teaching, favoring instead Terumah 11:3 which deems them acceptable. See the explanation in the Kessef Mishneh.
16.For it is preferable that fresh fruits should be brought.
17.For if they bring fresh fruit, it will spoil.
18.I.e., in the Temple courtyard. The Radbaz states that this applies only to fruit that will not spoil. Otherwise, the fruit brought prematurely is like all the other fruit mentioned in the previous halachot and its consecration is not effective.
19.After Chanaukah, it is not appropriate to bring the first fruits, because they are to be brought at the time of the harvest and the harvest is concluded by Sukkot. Moreover, if one brings the first fruits between Sukkot and Chanukah, he cannot make the declaration concerning them (Chapter 4, Halachah 13).
The Ra'avad objects to the Rambam's words for their implication is that the first fruit brought after Chanukah becomes consecrated. The Ra'avad maintains that since the fruit did not ripen until then, the first fruits are considered as of low quality and do not become consecrated. Nor, the Ra'avad maintains, can they be considered as being from the following year, as the Rambam states, because until the 15th of Shvat, they are considered as from the crops of the previous year. The Kessef Mishneh supports the Rambam, maintaining that since the crops have generally been harvested, any produce that does grow is considered as belonging to the coming year. The Radbaz emphasizes that here too, we are speaking of produce that will not spoil. Otherwise, it is not consecrated.
20.Yevamot 73b states that there is an equation between the tithes and the first fruits. Hence, just as the tithes may not be brought from one harvest for another (Hilchot Terumah 5:11; Hilchot Ma'aser 1:7), so too, the law applies with regard to the first fruits.
21.This refers to the first fruits brought from fruit. With regard to wheat and barley, the date when a change is made is Rosh HaShanah.
22.I.e., the prooftext implies that the obligation applies to any and all situations where these species grow (see Menachot 84b and Radbaz).
23.The plural form of the term indicates that the obligation applies even when the produce is owned by two people jointly (Chullin 136a).
24.Produce that grows in such a situation is considered as growing from the earth in certain contexts. Nevertheless, the prooftext indicates that the first fruits are an exception.
25.'Extending' refers to planting a bough from a tree or a vine in the ground, so that an extension can grow from it [the Rambam' s Commentary to the Mishnah (Bikkurim 1:1)].
26.Without his colleague's permission as obvious from the following halachah.
27.And even the fruit that grow from the trunk are nurtured to a certain extent from the end that was implanted.
28.There is, however, no way one can be granted permission to use the public domain in this manner.
29.See Hilchot Shechenim10:8.
30.This applies even to the fruit which grew in his colleague's domain. Since his colleague gave him permission to grow the produce there, it can be considered as his land.
31.The commentaries note that when Hilchot Nizkei Mammon 10:8 mentions the ten conditions on which basis Joshua gave the land to the people as an inheritance, this condition is not included among them. Among the resolutions given is that the conditions mentioned there apply also in the Diaspora, while this condition applies only in Eretz Yisrael.
32.The former give the owners a share of the crops; the latter rent the fields for money. See Hilchot Ma'aser 6:13; the Rambam's Commentary to the Mishnah (Bikkurim 1:2).
33.This was, unfortunately, a common practice in Eretz Yisrael during the Roman era, when the gentiles and their Jewish comrades would threaten a person until he was forced to sell his land for far below its worth.
34.One who takes land without paying at all.
35.And none of the above are rightful owners of the land.
36.For land can never be stolen and always remains the property of its rightful owners (see Hilchot Gezeilah 8:14).
37.See Hilchot Mechirah 24:1-2. The rationale is that since he purchased this amount of trees, he also receives the land necessary to tend to them. Although he is not the legal owner of the land and has only the right to use it, that right is sufficient the land to be called his own.
38.Because he is the owner of both the land and the tree (Our bracketed additions are based on the gloss of the Radbaz. We are forced to accept this interpretation, since, as stated above, the first fruits must come from "your land."
39.I.e., even if he does not purchase the fruit and the land at the same time, as long as he owns both at the time appropriate to bring the first fruits, he should bring them (Radbaz).
40.See the Rambam's Commentary to the Mishnah (Gittin 4:9); note the differences between his initial version and his final version. There is a debate among the commentaries if the obligation to bring the first fruits is Rabbinic in origin (as was the Rambam's initial view) or Scriptural in origin (as is his view here).
41.The Ra'avad comments that this applies even though the produce reached maturity while in the possession of the gentile. The commentaries state that the Rambam would accept this ruling.
42.Hilchot Terumah 1:10.
43.A tree that was worshiped. as was the practice of both the Canaanites and the Greeks.
When a gentile owns an entity that is worshiped, he can nullify its connection with idolatrous worship and from that time onward, it may be used for ordinary purposes. Nevertheless, it is not fit to be used for an offering on the Altar, because of its previous connection with idolatry. An entity owned by a Jew that was worshiped can never be nullified. See Hilchot Avodat Kochavim 8:8-11.
44.As stated in Hilchot Issurei Mizbeiach 3:6, if a animal was once associated with the worship of false deities, it may no longer be used as a sacrifice in the Temple.
45.And the stringencies applied to the first fruits, e.g., that they be eaten in a state of ritual purity, are also applied to them.
46.The rationale is that, as stated in Halachah 1, the obligation to bring first fruits from these lands is Rabbinic in origin. Hence, it is not powerful enough to convey that status on the additions as well.
47.As the first fruits themselves.
48.Le., even from Transjordan and Syria (Radbaz).
49.One may, however, adorn figs with grapes and grapes with dates (Bikkurim 3:10).
50.As a sign, so that he will recognize them later. There is no obligation to use a reed for this purpose. Another sign is also acceptable. The Rambam, quoting the mishnah, was merely stating a common practice [the Rambam's Commentary to the Mishnah (Bikkurim 3:1)] .
51.Although they must reach a complete stage of development by the time they are brought to the Temple, it is not necessary that they reach this stage at the time of their designation.
52.Unless he designates them, the fact that they are set aside is not sufficient for them to be considered as first fruits.
53.See parallels in Hilchot Ma'aser Sheni 3:9; Hilchot Meilah 4:7. Terumah and the second tithe, by contrast, should be set aside even if the produce is impure, for they will not be wasted.
54.The expression 'It appears to me' refers to a conclusion derived by the Rambam through deduction without an explicit prior Rabbinic source. The Kessef Mishneh questions whether that expression is appropriate in the present instance since this point is stated in Yevamot 73a,b. The Kessef Mishneh concludes that perhaps 'It appears to me' refers only to the rationale the Rambam states here, for that concept is not stated in Yevamot, loc. cit.
55.And consecrated articles may not be destroyed. It is necessary for the Rambam to give this explanation, because the Torah refers to the first fruits as terumah and impure terumah may be kindled.
56.See Halachah 3 which states that spoiled produce is unacceptable.
57.For then, they are no longer fit to be offered.
58.He does not, however, make the declaration for the first fruits when bringing these fruits, as stated in Chapter 4, Halachah 9.
59.Once he brings them to the Temple Courtyard, he is not liable to replace even if they become impure (Radbaz).
60.The rationale for this ruling can be explained as follows: When a person sends his first fruits to the Temple via an agent, the agent does not make the declaration (Chapter 4, Halachah 2). Since they were harvested in a manner that allows that declaration to be made, it is improper for them to be sent in a manner that prevents it from being made.
61.For in this instance, they were harvested with the intent that the declaration not be made.
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Hayom Yom:
• Wednesday, Iyar 28, 5774 • 28 May 2014
Wednesday, Iyar 28, 43rd day of the omer
Wednesday, Iyar 28, 43rd day of the omer, 5703
Torah lessons: Chumash: Bamidbar, Revi'i with Rashi.
Tehillim: 135-139.
Tanya: Ch. 52. Now, just as (p. 271)...from the sun. (p. 273).
In one of the nocturnal visions in which the Tzemach Tzedek saw the Alter Rebbe (his grandfather), during the Thirty Days of Mourning for the Alter Rebbe, the latter recited for him the maamar, Al shlosha dvarim. After the maamar the Alter Rebbe said, "If the man emits seed first, she bears a female"1 - that is your mother; "if the woman emits seed first, she bears a male" - that is you.
FOOTNOTES
1. Berachot 60a. Translator's note: The Tzemach Tzedek was adamant in refusing to accept the mantle of Rebbe after the passing of the Mitteler Rebbe. A senior Chassid, Reb Peretz Chernigover, prevailed upon him, arguing the statement in our text, that the Tzemach Tzedek is the "rightful heir," being the son of the daughter of the Alter Rebbe; the "quality" of the Alter Rebbe, dominant in his daughter (since "...man...first...female etc.") was in turn transmitted to, and dominant in her son ("...woman...first...male.") See Sefer Hasichot 5701 p. 148.
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Daily Thought:
Talking to Himself
He talks with Himself, entertained by His own thoughts. The thoughts imply a background, which is the world. But the Torah, those are the thoughts themselves.
And we? We are the self with whom He speaks.
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