TODAY'S LAWS & CUSTOMS:
• ALL-NIGHT LEARNING
The Talmud relates that when G-d came to give the Torah to the People of Israel in the early morning of Sivan 6 (see "Today in Jewish History" for tomorrow), He found them sleeping. (The Chassidic masters explain that this was an attempt to connect to their subconscious, transcendent self in preparation for their reception of the divine wisdom.) To rectify this lapse, we spend the entire first night of Shavuot (which begins at nightfall tonight) studying Torah. The traditional Tikkun Leil Shavout ("Rectification for Shavuot Night") study program includes the opening and closing verses of each book of the Written Torah (Tanach), as well as of each Parshah; the entire Book of Ruth (see "Laws and Customs" for tomorrow); the opening and closing sections of each tractate of the Talmud; a list of the 613 mitzvot; and selected readings from the Zohar and other Kabbalistic works.
• MORE ON SHAVUOT
Visit our Shavuot megasite
TODAY IN JEWISH HISTORY:
• REUBEN FINDS MANDRAKES (1568 BCE)
The incident involving the mandrakes (dudaim) which Reuben, the eldest son of Jacob, found in the field "during the time of the wheat harvest"--recounted in Genesis 30:14-18--occurred on the fifth of Sivan of the year 2197 from creation (1568 BCE).
• JEWS ACCEPT TORAH (1313 BCE)
On this day, Moses made a covenant with the Jewish people at the foot of Mount Sinai at which the people declared, "All that G-d has spoken, we shall do and hear" (Exodus 24:7) committing themselves to observe the Torah's commandments ("do") and strive to comprehend them ("hear"), while pledging to "do" also before they "hear."
Links:
A Jew in a Jeep
Reasoning the Stone
Spiritual Modality for Behavior Modification
An Easy Life
• RABBIS BURNT AT STAKE (1728)
On this day Rabbis Chayim and Yehoshua Reitzes were tortured and burned in Lvov, Poland after they were accused of having attempted to convince an apostate to return to Judaism.
DAILY QUOTE:
I believe with perfect faith in the coming of the Moshiach; and even though he may tarry, nevertheless, I wait for his coming each day(The 12th of Maimonides' "Thirteen Principles" of the Jewish faith)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Behaalotecha, 3rd Portion Numbers 9:1-9:14 with Rashi
• Chapter 9
1. The Lord spoke to Moses in the Sinai Desert, in the second year of their exodus from the land of Egypt, in the first month, saying: א. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה בְמִדְבַּר סִינַי בַּשָּׁנָה הַשֵּׁנִית לְצֵאתָם מֵאֶרֶץ מִצְרַיִם בַּחֹדֶשׁ הָרִאשׁוֹן לֵאמֹר:
In the first month: The portion at the beginning of the Book [of Numbers] was not said until Iyar. [From this], you learn that there is no chronological order in the Torah. But why did Scripture not begin with this [chapter]? For it is a disgrace to Israel that throughout the forty years the children of Israel were in the desert, they brought only this Passover sacrifice alone. — [Sifrei Beha’alothecha 1:18]
בחדש הראשון: פרשה שבראש הספר לא נאמרה עד אייר, למדת שאין סדר מוקדם ומאוחר בתורה. ולמה לא פתח בזו, מפני שהוא גנותן של ישראל, שכל ארבעים שנה שהיו ישראל במדבר לא הקריבו אלא פסח זה בלבד:
2. The children of Israel shall make the Passover sacrifice in its appointed time. ב. וְיַעֲשׂוּ בְנֵי יִשְׂרָאֵל אֶת הַפָּסַח בְּמוֹעֲדוֹ:
in its appointed time: Even [if it were to fall] on Sabbath; “in its appointed time” [also implies,] even [if the majority of the people were] in a state of ritual uncleanness. — [Sifrei Beha’alothecha 1:14, 15]
במועדו: אף בשבת. במועדו אף בטומאה:
3. On the afternoon of the fourteenth of this month, you shall make it in its appointed time; in accordance with all its statutes and all its ordinances you shall make it. ג. בְּאַרְבָּעָה עָשָׂר יוֹם בַּחֹדֶשׁ הַזֶּה בֵּין הָעַרְבַּיִם תַּעֲשׂוּ אֹתוֹ בְּמֹעֲדוֹ כְּכָל חֻקֹּתָיו וּכְכָל מִשְׁפָּטָיו תַּעֲשׂוּ אֹתוֹ:
in accordance with all its statutes: These are the commandments directly relating to its body-an unblemished male lamb in its first year. — [Pes. 95a]
ככל חקתיו: אלו מצות שבגופו, שה תמים זכר בן שנה:
and all its ordinances: These are the commandments that relate to its body from elsewhere, such as the seven days for [eating] unleavened bread and for disposing of leaven. (Another version: The commandments relating to its body-an unblemished male lamb in its first year; those which relate to its body from elsewhere- [it must be] roasted over fire, its head with its legs and its innards. And those which have no relation to its body-unleavened bread and disposing of leaven. — [Rashi on Pes. 95a]
וככל משפטיו: אלו מצות שעל גופו ממקום אחר, כגון שבעת ימים למצה ולביעור חמץ. [מצות שבגופו, שה תמים זכר בן שנה. שעל גופו, צלי אש ראשו על כרעיו ועל קרבו. שחוץ לגופו, מצה וביעור חמץ]:
4. Moses spoke to the children of Israel [instructing them] to make the Passover sacrifice. ד. וַיְדַבֵּר משֶׁה אֶל בְּנֵי יִשְׂרָאֵל לַעֲשׂת הַפָּסַח:
Moses spoke: What does this teach us? Has not Scripture already said, “And Moses told… of the Lord’s appointed [holy days].” (Lev. 23:44) ? However, when he heard the portion dealing with the festivals at Sinai, he related it to them, and then he exhorted them again when the time came to perform them. — [Sifrei Beha’alothecha 1:17]
וידבר משה וגו': מה תלמוד לומר, והלא נאמר (ויקרא כג, מד) וידבר משה את מועדי ה', אלא כששמע פרשת מועדים מסיני, אמרה להם, וחזר והזהירם בשעת מעשה:
5. So they made the Passover sacrifice in the first month, on the afternoon fourteenth day of the month in the Sinai Desert; according to all that the Lord had commanded Moses, so did the children of Israel do. ה. וַיַּעֲשׂוּ אֶת הַפֶּסַח בָּרִאשׁוֹן בְּאַרְבָּעָה עָשָׂר יוֹם לַחֹדֶשׁ בֵּין הָעַרְבַּיִם בְּמִדְבַּר סִינָי כְּכֹל אֲשֶׁר צִוָּה יְהֹוָה אֶת משֶׁה כֵּן עָשׂוּ בְּנֵי יִשְׂרָאֵל:
6. There were men who were ritually unclean [because of contact with] a dead person, and therefore could not make the Passover sacrifice on that day. So they approached Moses and Aaron on that day. ו. וַיְהִי אֲנָשִׁים אֲשֶׁר הָיוּ טְמֵאִים לְנֶפֶשׁ אָדָם וְלֹא יָכְלוּ לַעֲשׂת הַפֶּסַח בַּיּוֹם הַהוּא וַיִּקְרְבוּ לִפְנֵי משֶׁה וְלִפְנֵי אַהֲרֹן בַּיּוֹם הַהוּא:
approached Moses and Aaron: While the two were sitting in the study hall, they came and asked them. It is [however] inconceivable that they approached them one after the other [in this order], for if Moses did not know, how should Aaron know?- [Sifrei Beha’alothecha 1:20]
לפני משה ולפני אהרן: כששניהם יושבין בבית המדרש באו ושאלום. ולא יתכן לומר זה אחר זה, שאם משה לא היה יודע, אהרן מנין לו:
7. Those men said to him, "We are ritually unclean [because of contact] with a dead person; [but] why should we be excluded so as not to bring the offering of the Lord in its appointed time, with all the children of Israel? ז. וַיֹּאמְרוּ הָאֲנָשִׁים הָהֵמָּה אֵלָיו אֲנַחְנוּ טְמֵאִים לְנֶפֶשׁ אָדָם לָמָּה נִגָּרַע לְבִלְתִּי הַקְרִיב אֶת קָרְבַּן יְהֹוָה בְּמֹעֲדוֹ בְּתוֹךְ בְּנֵי יִשְׂרָאֵל:
Why should we be excluded: He [Moses] told them, “Sacrifices cannot be offered in a state of ritual uncleanness.” They replied, “Let ritually clean kohanim sprinkle the blood for us, and let ritually clean people eat the flesh.” He said to them, “Wait, and I will hear… ” like a disciple who is confident of hearing from his teacher’s mouth. Fortunate is the mortal who is so confident, for whenever he wished, he could speak with the Shechinah . This portion should really have been said through Moses, like the rest of the Torah, but these people merited that it be said through them, for merit is brought about through the meritorious. - [Sifrei Beha’alothecha 1: 22]
למה נגרע: אמר להם אין קדשים קרבים בטומאה. אמרו לו יזרק הדם עלינו בכהנים טהורים ויאכל הבשר לטהורים. אמר להם עמדו ואשמעה, כתלמיד המובטח לשמוע מפי רבו. אשרי ילוד אשה שכך מובטח, שכל זמן שהיה רוצה היה מדבר עם השכינה. וראויה היתה פרשה זו להאמר ע"י משה כשאר כל התורה כולה, אלא שזכו אלו שתאמר על ידיהן, שמגלגלין זכות ע"י זכאי:
8. Moses said to them, "Wait, and I will hear what the Lord instructs concerning you." ח. וַיֹּאמֶר אֲלֵהֶם משֶׁה עִמְדוּ וְאֶשְׁמְעָה מַה יְּצַוֶּה יְהֹוָה לָכֶם:
9. The Lord spoke to Moses saying: ט. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
10. Speak to the children of Israel saying, Any person who becomes unclean from [contact with] the dead, or is on a distant journey, whether among you or in future generations, he shall make a Passover sacrifice for the Lord. י. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל לֵאמֹר אִישׁ אִישׁ כִּי יִהְיֶה טָמֵא | לָנֶפֶשׁ אוֹ בְדֶרֶךְ רְחֹקָה לָכֶם אוֹ לְדֹרֹתֵיכֶם וְעָשָׂה פֶסַח לַיהֹוָה:
On a distant journey: Heb. רְחֹקָה. There is a dot over the word, to teach us that he does not really have to be far away, but even if he was merely outside the threshold of the Temple courtyard throughout the time allowed for the slaughtering [of the Passover sacrifice] (Pes. 93, Sifrei Beha’alothecha 1:24). On the second Passover, one may keep both leavened bread and unleavened food in the home, and there is no festival. The consumption of leaven is not forbidden except while he eats it [the sacrifice]. — [Pes. 95a]
או בדרך רחקה: נקוד עליו, לומר לא שרחוקה ודאי, אלא שהיה חוץ לאסקופת העזרה כל זמן שחיטה. פסח שני מצה וחמץ עמו בבית ואין שם יום טוב, ואין איסור חמץ אלא עמו באכילתו:
11. In the second month, on the fourteenth day, in the afternoon, they shall make it; they shall eat it with unleavened cakes and bitter herbs. יא. בַּחֹדֶשׁ הַשֵּׁנִי בְּאַרְבָּעָה עָשָׂר יוֹם בֵּין הָעַרְבַּיִם יַעֲשׂוּ אֹתוֹ עַל מַצּוֹת וּמְרֹרִים יֹאכְלֻהוּ:
12. They shall not leave over anything from it until the next morning, and they shall not break any of its bones. They shall make it in accordance with all the statutes connected with the Passover sacrifice. יב. לֹא יַשְׁאִירוּ מִמֶּנּוּ עַד בֹּקֶר וְעֶצֶם לֹא יִשְׁבְּרוּ בוֹ כְּכָל חֻקַּת הַפֶּסַח יַעֲשׂוּ אֹתוֹ:
13. But the man who was ritually clean and was not on a journey, yet refrained from making the Passover sacrifice, his soul shall be cut off from his people, for he did not bring the offering of the Lord in its appointed time; that person shall bear his sin. יג. וְהָאִישׁ אֲשֶׁר הוּא טָהוֹר וּבְדֶרֶךְ לֹא הָיָה וְחָדַל לַעֲשׂוֹת הַפֶּסַח וְנִכְרְתָה הַנֶּפֶשׁ הַהִוא מֵעַמֶּיהָ כִּי | קָרְבַּן יְהֹוָה לֹא הִקְרִיב בְּמֹעֲדוֹ חֶטְאוֹ יִשָּׂא הָאִישׁ הַהוּא:
14. If a proselyte dwells with you, and he makes a Passover sacrifice to the Lord, according to the statutes of the Passover sacrifice and its ordinances he shall make it. One statute shall apply to you, to the proselyte and to the native-born citizen. יד. וְכִי יָגוּר אִתְּכֶם גֵּר וְעָשָׂה פֶסַח לַיהֹוָה כְּחֻקַּת הַפֶּסַח וּכְמִשְׁפָּטוֹ כֵּן יַעֲשֶׂה חֻקָּה אַחַת יִהְיֶה לָכֶם וְלַגֵּר וּלְאֶזְרַח הָאָרֶץ:
If a proselyte dwells with you, and he makes a Passover sacrifice: I might think that anyone who converts should immediately make a Passover sacrifice. Therefore, Scripture teaches us, “One statute [shall apply to you, to the proselyte and to the native-born citizen].” And this is its meaning: If a proselyte dwells with you, and he comes (Reggio ed. - and the time comes) to make a Passover sacrifice with his friends,“according to the statutes of the Passover sacrifice and its ordinances he shall make it.” - [Sifrei Beha’alothecha 1:30]
וכי יגור אתכם גר ועשה פסח: יכול כל המתגייר יעשה פסח מיד, תלמוד לומר חקה אחת וגו', אלא כך משמעו, וכי יגור אתכם גר ובא עת לעשות פסח עם חביריו כחקה וכמשפט יעשה:
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Tehillim: Psalms Chapters 29 - 34
• Chapter 29
The Name of God appears eighteen times in this psalm, corresponding to which our Sages established eighteen blessings-the Amidah. The entire psalm can be interpreted as referring to the giving of the Torah and the ingathering of the exiles.
1. A psalm by David. Render to the Lord, children of the mighty, render to the Lord honor and strength.
2. Render to the Lord the honor due to His Name; bow down to the Lord in resplendent holiness.
3. The voice of the Lord is over the waters, the God of glory thunders; the Lord is over mighty waters.
4. The voice of the Lord resounds with might; the voice of the Lord resounds with majesty.
5. The voice of the Lord breaks cedars; the Lord shatters the cedars of Lebanon.
6. He makes them leap like a calf, Lebanon and Sirion like a young wild ox.
7. The voice of the Lord strikes flames of fire.
8. The voice of the Lord makes the desert tremble; the Lord causes the desert of Kadesh to tremble.
9. The voice of the Lord causes the does to calve, and strips the forests bare; and in His Sanctuary all proclaim His glory.
10. The Lord sat [as King] at the Flood; the Lord will sit as King forever.
11. The Lord will give strength to His people; the Lord will bless His people with peace.
Chapter 30
This psalm teaches one not to be distressed if God visits suffering upon him in this world, for only through suffering can one enter the World to Come. Even one of great spiritual stature should realize that his stability is not guaranteed, but that all is in the hands of God.
1. A psalm, a song of dedication of the House, by David.
2. I exalt You, Lord, for You have uplifted me, and did not allow my enemies to rejoice over me.
3. Lord, my God, I cried out to You, and You healed me.
4. Lord, You have brought up my soul from the grave; You have kept me alive, that I should not descend to the pit.
5. Sing to the Lord, you His pious ones, and praise His holy Name.
6. For His wrath endures but for a moment, when He is conciliated there is [long] life; when one retires at night weeping, joy will come in the morning.
7. In my security I thought, "I shall never falter.”
8. Lord, by Your favor You have made my mountain stand strong; when You concealed Your countenance I was alarmed.
9. I called to You, O Lord, and I made supplication to my Lord:
10. What profit is there in my death, in my going down to the grave? Can dust praise You? Can it proclaim Your truth
11. Lord, hear and be gracious to me; Lord, be a help to me.
12. You have turned my mourning into dancing; You have undone my sackcloth and girded me with joy.
13. Therefore my soul shall sing to You, and not be silent; Lord my God, I will praise You forever.
Chapter 31
Composed by a destitute and oppressed David, running from Saul while placing his trust in God, this psalm instructs man to put his trust in God alone.
1. For the Conductor, a psalm by David.
2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.
3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.
4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.
5. Remove me from the net they planted for me, for You are my stronghold.
6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.
7. I despise those who anticipate worthless vanities; but I trust in the Lord.
8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.
9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.
10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.
11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.
12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.
13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.
14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.
15. But I trusted in You, O Lord; I said, "You are my God.”
16. My times are in Your hand; save me from the hands of my enemies and pursuers.
17. Shine Your countenance upon Your servant; deliver me in Your kindness.
18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.
19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.
20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.
21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.
22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.
23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.
24. Love the lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.
25. Be strong and fortify your hearts, all who put their hope in the Lord!
Chapter 32
This psalm speaks of forgiveness of sin, and of the good fortune of one who repents and confesses to God wholeheartedly.
1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.
2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.
3. When I was silent, my limbs wore away through my wailing all day long.
4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.
5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.
6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.
7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.
8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.
9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.
10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.
11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart!
Chapter 33
This psalm teaches the righteous and upright to praise God. For the more one knows of the Torah's wisdom, the more should he praise God, for he knows and understands His greatness.
1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.
2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.
3. Sing to Him a new song; play well with sounds of jubilation.
4. For the word of the Lord is just; all His deeds are done in faithfulness.
5. He loves righteousness and justice; the kindness of the Lord fills the earth.
6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.
7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.
8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.
9. For He spoke, and it came to be; He commanded, and it endured.
10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.
11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.
12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.
13. The Lord looks down from heaven; He beholds all mankind.
14. From His dwelling-place He looks intently upon all the inhabitants of the earth.
15. It is He Who fashions the hearts of them all, Who perceives all their actions.
16. The king is not saved by a great army, nor a warrior rescued by great might.
17. The horse is a false guarantee for victory; with all its great strength it offers no escape.
18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,
19. to save their soul from death and to sustain them during famine.
20. Our soul yearns for the Lord; He is our help and our shield.
21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.
22. May Your kindness, Lord, be upon us, as we have placed our hope in You.
Chapter 34
This psalm tells of when David was in grave danger while at the palace of Achish, brother of Goliath. David acted like a madman, letting spittle run down his beard, and writing on the doors: "Achish, king of Gath, owes me one hundred thousand gold coins," leading Achish to eject him from the palace. In his joy, David composed this psalm in alphabetical sequence.
1. By David, when he feigned insanity before Avimelech,1 who then drove him away, and he left.
2. I bless the Lord at all times; His praise is always in my mouth.
3. My soul glories in the Lord; let the humble hear it and rejoice.
4. Exalt the Lord with me, and let us extol His Name together.
5. I sought the Lord and He answered me; He delivered me from all my fears.
6. Those who look to Him are radiant; their faces are never humiliated.
7. This poor man called, and the Lord heard; He delivered him from all his tribulations.
8. The angel of the Lord camps around those who fear Him, and rescues them.
9. Taste and see that the Lord is good; fortunate is the man who trusts in Him.
10. Fear the Lord, you His holy ones, for those who fear Him suffer no want.
11. Young lions may want and hunger, but those who seek the Lord shall not lack any good thing.
12. Come, children, listen to me; I will teach you the fear of the Lord.
13. Who is the man who desires life, who loves long life wherein to see goodness?
14. Guard your tongue from evil, and your lips from speaking deceit.
15. Turn away from evil and do good, seek peace and pursue it.
16. The eyes of the Lord are directed toward the righteous, and His ears toward their cry.
17. The wrath of the Lord is upon the evildoers, to excise their memory from the earth.
18. But when they [repent and] cry out, the Lord hears, and saves them from all their troubles.
19. The Lord is close to the broken-hearted, and saves those with a crushed spirit.
20. Many are the afflictions of a righteous person, but the Lord rescues him from them all.
21. He protects all his bones; not one of them is broken.
22. Evil brings death upon the wicked, and the enemies of the righteous are condemned.
23. The Lord redeems the soul of His servants; all who take shelter in Him are not condemned.
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Tanya: Likutei Amarim, end of Chapter 53
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, Sivan 5, 5774 • June 3, 2014
Likutei Amarim, end of Chapter 53
The Alter Rebbe now concludes what he began to elucidate (in ch. 51) concerning the statement of the Yenuka in the Zohar — that the light of the Shechinah which shines above the head of a person needs oil. The Yenuka concludes, “...and these are good deeds” — the oil is the performance of the mitzvot.
In chassidic literature, however, oil traditionally refers to wisdom. What is the connection between the performance of mitzvot — and wisdom, which is called oil?
The Alter Rebbe explains that the light of the Shechinah must garb itself in wisdom, which is oil. For (as previously explained) wisdom, or intellect, is the vessel and “garment” for the light of the Shechinah, which is — Chochmah as it is garbed in Torah.
Yet, in order to draw down the light of the Shechinah so that it will shine upon the divine soul of the Jew, more than oil is necessary; one must also have a wick. Oil is transformed into light through the medium of a wick. It is the wick, which itself is burned, which keeps the fire from being extinguished.
In spiritual terms the wick refers to the vivifying soul which provides the person with physical life. This wick is burned through Torah and mitzvot. Just as the physical wick burns and is annihilated by the fire, so do the garments of thought, speech and action of the vivifying soul become burned in the light of the Shechinah through the Torah and mitzvot which a Jew studies and performs.
It is for this reason that the oil must also consist of “good deeds,” mitzvot, which have their source in G d’s wisdom; Torah alone (even though it is itself wisdom) does not suffice. For only through the action required by the mitzvot will the light of the Shechinah be drawn down into the wick — the vivifying soul. This is accomplished when the vivifying soul is burned thoroughly in the light of the Shechinah which shines on one’s head.
וזה שאמר הינוקא, דנהורא עילאה דאדליק על רישיה, היא שכינתא, איצטריך למשחא
And this is what the Yenuka in Zohar, quoted in ch. 35, meant when he said that “the Supernal light that is kindled on his (the Jew’s) head, namely, the Shechinah, requires oil,”
פירוש: להתלבש בחכמה, הנקראת שמן משחת קדש, כמו שכתוב בזהר
that is, to be clothed in wisdom, which is called “the oil of the holy anointing” — and “holy” signifies Chochmah, or wisdom, as is explained in the Zohar,
Thus, the light of the Shechinah which is upon one’s head is in need of oil, i.e., it must be garbed in Chochmah, for that is the vessel for the light of the Shechinah. The Zohar then quotes the conclusion of the statement of the Yenuka:
ואינון עובדין טבין, הן תרי״ג מצות, הנמשכות מחכמתו יתברך
“and these are the good deeds,” namely, the 613 commandments, which derive from His wisdom.
Torah, which is itself oil, does not suffice; there must also be good deeds — the performance of the mitzvot, although they are only drawn down from wisdom.
כדי לאחוז אור השכינה בפתילה, היא נפש החיונית שבגוף, הנקראת פתילה על דרך משל, כי כמו שבנר הגשמי האור מאיר על ידי כליון ושריפת הפתילה הנהפכת לאש, כך אור השכינה שורה על נפש האלקית
Thereby the light of the Shechinah can cling to the wick, i.e., the vivifying soul in the body, which is metaphorically called a “wick”. For just as in the case of a material candle, the light shines by virtue of the annihilation and burning of the wick turning to fire, so does the light of the Shechinah rest on the divine soul, which is the candle (“The soul of man is the candle of the L rd”),
על ידי כליון נפש הבהמית והתהפכותה מחשוכא לנהורא וממרירו למתקא, בצדיקים
as a result of the annihilation of the animal soul and its transformation from darkness of kelipah to light of holiness, and from bitterness of kelipat nogah to sweetness of holiness, in the case of the righteous — for tzaddikim (as mentioned in ch. 10) are those who transform the essence of the animal soul, its intellect and emotion, from evil into goodness and holiness,
או לפחות על ידי כליון לבושיה, שהן מחשבה דבור ומעשה
or at least through the destruction of its garments, which are thought, speech and action — which previously were garments of the vivifying soul, which is a soul of kelipah,
והתהפכותן מחשך הקליפות לאור ה׳ אין סוף ברוך הוא, המלובש ומיוחד במחשבה דבור ומעשה של תרי״ג מצות התורה, בבינונים
and their transformation from the darkness of the kelipot to the Divine light of the Ein Sof, which is clothed and united in the thought, speech and action of the 613 commandments of the Torah, in the case of the Beinonim.
Beinonim, as explained in ch. 12, do not transform the essence of the vivifying soul into goodness and holiness. Only the soul-garments of thought, speech and action are transformed to goodness through being utilized for the thought, speech and action of the Torah and the mitzvot. In this sense the wick of the vivifying soul is annihilated, and is transformed into the light of holiness.
כי על ידי התהפכות נפש הבהמית, הבאה מקליפת נוגה, מחשוכא לנהורא וכו׳, נעשה בחינת העלאת מ״ן
For as a result of the transformation of the animal soul, originating from kelipat nogah, from the darkness of kelipot, to the light of holiness, and so forth, there is brought about the so-called “ascent of the feminine waters” — the spiritual awakening on the initiative of the recipient, which in turn causes an arousal Above,
להמשיך אור השכינה, היא בחינת גילוי אור אין סוף ברוך הוא, על נפשו האלקית שבמוחין שבראשו
to draw down the light of the Shechinah (not only like the oil of Chochmah and Torah which is but a vessel for receiving the light of the Shechinah, but actually drawing down the light of the Shechinah), i.e., revealed light of the Ein Sof, over one’s divine soul principally dwelling in the brain of the head.
This is why the Yenuka says, “The Supernal light that is kindled over one’s head requires oil,” for the light that is over one’s head and “intelligence” is in need of the oil of the “good deeds.”
ובזה יובן היטב מה שכתוב: כי ה׳ אלקיך אש אוכלה הוא
Thereby one may clearly understand the text,1 “For the L rd Your G d is a consuming fire,”
Just as fire can only catch on an object when that object is being consumed by it, so, too, regarding the light of the Shechinah. In order for G d to become “your G d,” illuminating the Jew’s soul, there must be consumption by fire — burning and annihilating the wick of the vivifying soul, so that this soul of kelipah be transformed into the fire of holiness.
וכמו שכתוב במקום אחר
as is explained elsewhere2 — that only when a Jew succeeds in nullifying himself to G d in a manner where he ceases to exist as an independent entity, and is consumed in the flames of G dliness, — only then will he draw down upon himself the light of the Shechinah.
נשלם חלק ראשון בעזרת ה׳ יתברך ויתעלה
CONCLUSION OF THE FIRST PART, WITH THE HELP OF G-D, MAY HE BE BLESSED AND EXALTED
FOOTNOTES
1. Devarim 4:24.
2. Note of the Rebbe: “This possibly refers to what appears in Likkutei Torah, beginning of Acharei.”
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Tuesday, Sivan 5, 5774 • June 3, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 140
Counting Down the Years to the Jubilee
"And you shall count seven Sabbatical years"—Leviticus 25:8.
Starting when the Jews conquered Israel and settled therein, the high court is commanded to count down the years to the Jubilee Year. They count seven cycles of seven years [and then sanctify the fiftieth one as the Jubilee].
Counting Down the Years to the Jubilee
Positive Commandment 140
Translated by Berel Bell
The 140th mitzvah is that we are commanded to count the years, beginning with the time we ruled over Eretz Yisrael and took possession of it.1
This mitzvah of counting the shemittah years is to be fulfilled by the beth din, i.e. the Great Sanhedrin. They have the responsibility of counting each of the 50 years, just as each of us is required to count the days of the omer.
The source of this commandment is G‑d's statement,2 "You shall count seven Sabbatical years."
The Sifra says: "One might think that they count seven consecutive Sabbatical years and then make a jubilee year. Therefore the verse continues, 'seven years, seven times.' If not for these two phrases, we would not know the law."
This means that without both phrases we would not understand how to perform this mitzvah, i.e. to count just the years and to count the appropriate shemittah cycle together with it.
Their3 statement that the law could not be derived without both passages definitely implies that they comprise one mitzvah. If they were two mitzvos — one to count the years and one to count the shemittah cycles — our Sages would not have used the expression "If not for these two phrases, we would not know the law"; because any two mitzvos are derived from two verses — each from its own verse. One can only say, "If not for these two phrases, we would not know the law" regarding one single mitzvah the laws of which can only be fully understood through two phrases.
An example of this is the b'chor (first-born animal). One verse,4 "The first-born initiating every womb is Mine" implies that both males and females are included. Another verse,5 "[every animal that your cattle shall issue] which is male shall be the L‑rd's" implies both first-born animals and those which are born later. Only with both verses do we fully understand the mitzvah — that it applies only to first-born male animals, as explained in the Mechilta.
FOOTNOTES
1.I.e. after the seven years of conquering the land and another seven years of dividing it among the tribes in the days of Joshua. See Hilchos Shemittah V'yovel 10:2.
2.Lev. 25:8.
3.The Rambam now explains why these two countings — of the years and of the shemittah cycles — count as one mitzvah instead of two separate mitzvos.
4.Ex. 34:19.
5.Ibid. 13:12.
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Positive Commandment 136
Sanctifying the Jubilee Year
"And you shall sanctify the fiftieth year"—Leviticus 25:10.
We are commanded to sanctify the fiftieth year, the Jubilee Year, by abstaining from agricultural work and rendering all the land's produce ownerless and free for all to take—just as we are commanded to do during the Shemitah (Sabbatical) Year.
This mitzvah is only practiced in the Land of Israel, and only when all of the tribes are settled therein, each in their ancestral portion of the Land.
Sanctifying the Jubilee Year
Positive Commandment 136
Translated by Berel Bell
The 136th mitzvah is that we are commanded to sanctify the 50th year, i.e. to refrain from working the land as in the shemittah year.
The source of this commandment is G‑d's statement,1 "You shall sanctify the 50th year." Our Sages2 explained that, "As it is with shemittah, so too with the jubilee." This means that just as Scripture equates them in the prohibition, so too they are equated in the positive commandment, as I will explain.3
The jubilee year and the shemittah year are the same in that one must stop working the land and must renounce ownership of all produce. Both of these4 are included in the statement, "You shall sanctify the 50th year." Scripture itself explicitly states that this "sanctity" includes renouncing ownership of all produce. This is in the verse,5 "The jubilee shall thus be holy to you; you shall eat the crops from the field."
The jubilee year is only in effect in Eretz Yisrael, and only when each tribe is in its proper place, i.e. in its portion in Eretz Yisrael rather than mixed among other tribes.6
FOOTNOTES
1.Lev. 25:10.
2.Sifra, ibid.
3.See N223 and N226.
4.To stop working the land and to renounce ownership.
5.Ibid. 25:12.
6.In the Messianic Age, Mashiach will identify which tribe each individual belongs to by ruach hakodesh. See Hilchos Melachim 12:3.
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Positive Commandment 137
Emancipation of Slaves during the Jubilee Year
"You shall sound the shofar [ram's horn] on the tenth day of the seventh month, on Yom Kippur you shall sound the shofar throughout your land"—Leviticus 25:9.
We are commanded to blow the shofar (ram's horn) on the tenth of Tishrei of the Jubilee Year—announcing the emancipation (without compensation) of all Hebrew slaves.
These shofar blasts parallel the annual sounding of the shofar on Rosh Hashanah, both with regards to the actual blasts as well as the blessings that accompany them. (Though the purpose of the sounding of the shofar is different; the Jubilee blasts serving as an announcement regarding the liberation of the slaves.)
Emancipation of Slaves during the Jubilee Year
Positive Commandment 137
Translated by Berel Bell
The 137th mitzvah is that we are commanded to blow shofar on the 10th of Tishrei of this [jubilee] year, and to declare throughout the land the emancipation of slaves and that each eved Ivri1 goes free on this day, the 10th of Tishrei, without payment.
The source of this commandment is G‑d's statement,2 "On the 10th day, Yom Kippur, of the seventh month, you shall make a proclamation with the ram's horn throughout your land" and3 "You shall declare the emancipation [of slaves] in the land to all its inhabitants."
It is explained4 that, "the jubilee is identical to Rosh Hashanah regarding blowing the shofar and the blessings." The laws of blowing the shofar on Rosh Hashanah are explained in tractate Rosh Hashanah.5
It is well-known6 that this shofar blowing on the jubilee is only to publicize the emancipation, and is part of the proclamation mandated by the verse "You shall declare the emancipation [of slaves] in the land." It is not like the shofar blowing of Rosh Hashanah, which is "a remembrance before G‑d," unlike this which is to designate the freeing of slaves, as explained above.
FOOTNOTES
1.See P232.
2.Ibid. 25:9.
3.Ibid. 25:10.
4.Rosh Hashanah 26b.
5.26a ff.
6.Apparently the Rambam wishes to demonstrate that these two verses constitute one mitzvah.
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Negative Commandment 224Planting during the Jubilee Year
"You shall not sow"—Leviticus 25:11.
It is forbidden to sow the fields or do agricultural work on fruit trees during the Jubilee Year (similar to the Sabbatical Year).
Planting during the Jubilee Year
Negative Commandment 224
Translated by Berel Bell
The 224th prohibition is that we are forbidden from working the land during the jubilee year.
The source of this prohibition is G‑d's statement,1 "[The 50th year shall be a jubilee to you in that] you may not plant," as commanded regarding the shemittah year,2 "you may not plant your fields."
Just as during the shemittah year one is prohibited from both working the land and the trees, so too during the jubilee. Therefore the general statement "you may not plant" is used, to include both the land and trees.
The punishment for transgressing this prohibition is also lashes.
FOOTNOTES
1.Ibid. 25:11.
2.Ibid. 25:4.
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Negative Commandment 225Harvesting Field Crops during the Jubilee Year
"Nor shall you reap that which grows of itself in it"—Leviticus 25:11.
It is forbidden to harvest – in normal fashion – that which grows wild in the fields during the Jubilee Year.
(As with the Sabbatical Year, one may only harvest them as if they were ownerless, i.e. without extensive preparation or arrangement, and not in bulk.)
Harvesting Field Crops during the Jubilee Year
Negative Commandment 225
Translated by Berel Bell
The 225th prohibition is that we are forbidden from harvesting s'fichim [uncultivated crops] which grow during the jubilee year in the same way we harvest in a regular year, as we explained regarding the shemittah year.1
The source of this prohibition is G‑d's statement,2 "[The 50th year shall be a jubilee to you in that you may not plant;] you may not harvest crops which grow of their own accord."
FOOTNOTES
1.See N222.
2.Ibid. 25:11.
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Negative Commandment 226Harvesting Fruit during the Jubilee Year
"Nor shall you gather in it the grapes from your un-pruned vine"—Leviticus 25:11.
It is forbidden to harvest – in normal fashion – the fruit that grows during the Jubilee Year.
(As with the Sabbatical Year, one may only harvest them as if they were ownerless, i.e. without extensive preparation or arrangement, and not in bulk.)
Harvesting Fruit during the Jubilee Year
Negative Commandment 226
Translated by Berel Bell
The 226th prohibition is that we are also forbidden from gathering fruit of the jubilee year in the same way we gather in a regular year.
The source of this prohibition is G‑d's statement,1 "[The 50th year shall be a jubilee to you in that you may not plant; you may not harvest crops which grow of their own accord;] you may not gather grapes from unpruned vines," similar to what was explained above2 regarding the shemittah year. The Sifra says: "The phrases 'you may not harvest...you may not gather' teach us that it is the same during the jubilee year as during the shemittah year." This means that they are identical regarding all these prohibitions.
All the laws of shemittah and yovel are obligatory only in Eretz Yisrael.
FOOTNOTES
1.Ibid.
2.N223.
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Rambam:
• 1 Chapter: Zechiyah uMattanah Zechiyah uMattanah - Chapter Seven Zechiyah uMattanah - Chapter Seven
Halacha 1
It is a universally accepted custom in most countries that when a man marries, his friends and acquaintances send him money to support the expenses he must undertake on behalf of his wife. Then the friends and acquaintances who sent him this money come and eat and drink with the groom during all - or part - of the seven days of wedding celebration; everything should be done according to the accepted local custom.
The money that he is sent is called shushvinut, and the people who send the money and then come and eat and drink with the groom are called shushvinin.
Halacha 2
Shushvinut is not an outright gift. For it is plainly obvious that a person did not send a colleague 10 dinarim with the intent that he eat and drink a zuz's worth. He sent him the money solely because his intent was that when he would marry, he would send him money as he has sent him.
Therefore, if the sender marries a woman, and the recipient does not return the shushvinut, the sender may lodge a legal claim against the recipient and expropriate the money from him.
Halacha 3
He cannot lodge a claim against him unless he marries in the same way as he did.s
What is implied? If Reuven married a maiden and Shimon sent him shushvinut, and then Shimon married a widow, Shimon cannot demand that he return the shushvinut, for he will tell him: "I will return it to you only for a maiden, as you gave to me." Conversely, if the giver sent the recipient shushvinut for the marriage of a widow, he cannot demand that it be returned for the marriage of a maiden.
Halacha 4
If Reuven made a large public reception, while Shimon made a modest private affair, or Reuven married modestly and Shimon made a public affair, he cannot lodge a claim against him. For he can tell him: "I will not do for you anything else than what you did for me."
Halacha 5
Reuven married a woman and Shimon sent him shushvinut, and came and ate and drank with him. Afterwards, Shimon married in precisely the same manner as Reuven did, and Reuven came and ate and drank with him, or Shimon called Reuven and he did not desire to come, or Reuven was in the city and heard the herald in a place where it is not customary to give private invitations, but rather everyone who hears the announcement comes, and Reuven heard the announcement and yet did not come, Reuven is obligated to return the entire amount of the shushvinut. For he knew about the wedding and did not come or was given a private invitation in a place where that is the custom, and yet he did not come.
Halacha 6
If Reuven was not in the city when Shimon married, he may deduct the cost of the food that Shimon ate at his wedding feast, but must return to him the remainder of the shushvlnut. Similarly, if Reuven was in the city when Shimon married, and he did not invite him or notify him, he may make such a deduction. Moreover, he has a justified complaint, for he should have notified him.
Halacha 7
How much should he deduct? These are the deductions customarily made. If Shimon sent him only a dinar, he need not return anything to him, for the dinar is the cost of what he ate. If Shimon sent him between a dinar and a sela half should be deducted.
Halacha 8
If he gave more than a sela, we must assess the intent of the sender and the size of the shushvinut. If he is a prestigious person, half of what he gave is deducted." If he is tightfisted and keeps careful account of his expenditures, only what he ate and drank should be deducted, and he must pay him the remainder.
Halacha 9
If Shimon dies before he marries, or he marries and dies in the midst of the wedding celebrations, Reuven is not required to give anything to his heirs. For he can tell the heirs: "Bring me my shushvinin; I will gladly celebrate with him and pay my due."
Halacha 10
Therefore, if Reuven rejoiced with Shimon and afterwards Shimon died, Shimon invited him to the wedding and he did not come, Reuven was not in the city at the time of Shimon's wedding, or he did not notify him, since Shimon died after the days of rejoicing were concluded, Reuven is obligated to return the shushvinut to Shimon's heirs - either in its entirety or after a deduction has been made - if he did not notify him or if he was not in the city.
Halacha 11
Different rules apply if Reuven died, and then Shimon married a woman and the days of rejoicing were concluded. If the local custom is to collect the shushvinut from the heirs, Reuven's heirs are compelled to return the shushvinut. In a place where this is not the local custom, Reuven's heirs are not obligated to pay anything.
Halacha 12
If Reuven died after Shimon married a woman and the days of rejoicing were concluded, Reuven's heirs are compelled to pay the shushvinut regardless of the locale in which they live. For their testator was obligated to pay before his death. If he was required to pay the entire sum, they must pay that amount. If a deduction was made, that deduction also applies to them.
Halacha 13
Five statements were made concerning shushvinut:
a) It may be expropriated by a court of law, for it is only like a loan and not an outright gift;
b) It need be repaid only at the required time, when the marriage is held in the same manner as the first person's marriage; this is like a condition of the loan, although he did not explicitly state that he was giving the loan with this intent;
c) The prohibition against taking interest is not involved; even if a person sent his colleague a dinar and the colleague sent him ten, it is permissible; the rationale is that he did not send him with the intent that he add;
d) It is not nullified in the Sabbatical year;is the rationale is that the giver may not demand payment from the recipient until he marries in the same manner as he married;
e) The firstborn does not receive a double portion when the shushvinut is returned to the giver's heirs; the rationale is that at the time of the division of the estate, it is not an actual part of the estate, but rather ra'ui; and the firstborn does not receive a double portion of ra'ui, as will be explained with regard to that subject.
Halacha 14
When a person offers a colleague money when the latter's financial status suffers, the intended recipient refuses to take it, and the giver takes an oath that he is unwilling that the recipient not accept it, and he presses the recipient until he accepts it, even though the giver did not say so explicitly, the money is considered to be a gift.
The same law applies when a person sends a gift of food to a colleague or offers other similar forms of generosity. The giver may not retract and demand repayment unless he explicitly states that he is making the gift as a loan.
Halacha 15
When a person sends jugs of wine or oil to a colleague at the time of his wedding, he may not demand repayment in court. These gifts are considered to be deeds of kindness; the laws of shushvinut apply only to money.
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Rambam:
• 3 Chapters: Shemita Shemita - Chapter 6, Shemita Shemita - Chapter 7, Shemita Shemita - Chapter 8
Shemita - Chapter 6
Halacha 1
We may not use the produce of the Sabbatical year for commercial activity.1 If one desires to sell a small amount2 of the produce of the Sabbatical year, he may.3 The money he receives [in return] has the same status as the produce of the Sabbatical year. He should use it to purchase food4 and eat that food according to the restrictions of the holiness of the Sabbatical year.5 The produce that was sold retains the holiness it possessed previously.6
Halacha 2
[In the Sabbatical year,] one should not reap vegetables from a field7 and sell them, nor should one charge a fee for dyeing with shells [from produce] of the Sabbatical year, because this is using the produce of the Sabbatical year for commercial activity.8 If one reaped vegetables to partake of them and some were left over, he may sell the remainder.9 The proceeds are considered as the produce of the Sabbatical year. Similarly, if a person reaped vegetables for himself and his son or grandson took some of them and sold them, [the sale] is permitted10 and the proceeds are considered as the produce of the Sabbatical year.
Halacha 3
When the produce of the Sabbatical year is sold, it should not be sold by measure, nor by weight, nor by number, so that it will not appear that one is selling produce in the Sabbatical year. Instead, one should sell a small amount by estimation to make it known that [the produce] is ownerless.11 And the proceeds of the sale should be used to purchase other food.
Halacha 4
One may package those entities that are usually packaged to bring home to sell in the market by estimation in the manner that one packages produce to bring home,12 not like one packages it for the market13 so that one will not sell in constrained manner. Produce that is packaged only for the market place should not be packaged.
Halacha 5
Produce from the Diaspora which were brought into Eretz Yisrael should not be sold by measure, nor by weight, nor by number. Instead, they should be sold by estimation like the produce of Eretz Yisrael.14 If it was obvious that it was produce from the Diaspora, it is permitted [to sell it in the ordinary manner].
Halacha 6
There is a stringency that applies to the produce of the Sabbatical year and not to articles consecrated [to the Temple]. When one redeems consecrated articles, the consecrated article loses its sacred status and that status is conveyed to the money.15 This is not so with regard to the produce of the Sabbatical year. When one sells the produce of the Sabbatical year, the status of the produce is conveyed to the money.16 The produce itself, however, does not lose its status and it is not considered as produce of the other years. [This is derived from] the use of the word tihiyeh17 [in the command regarding the produce of the Sabbatical year. That term implies that the produce] will be in its state at all times. And since the produce of the Sabbatical year is described18 as "holy," its status is conveyed to the money paid for it.19 Thus the final [object purchased]20receives the status of the Sabbatical year and [the status of] the produce itself remains as before.
Halacha 7
What is implied? A person purchased meat with the produce of the Sabbatical year or the proceeds from its sale. The meat is given the status of that produce and must be eaten [as befits the holiness of] the produce of the Sabbatical year. And one must rid oneself of it when one one must rid oneself of that produce.21 If one used that meat or the proceeds from its sale to purchase fish, the meat is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the fish. If one used that fish or the proceeds from its sale to purchase oil, the fish is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the oil. If one used that oil or the proceeds from its sale to purchase honey, the oil is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed to the honey. One must rid oneself of the original fruit and the honey as one must rid oneself of the produce of the Sabbatical year. Neither of them may be used to make a compress, nor may they be ruined, as is the rule with regard to the produce of the Sabbatical year.
Halacha 8
The holiness of the produce of the Sababtical year may be transferred only through a sale. When does this apply? With regard to the original produce. With regard to the produce received [in exchange for that produce], its holiness can be transferred through a sale or through a process of transfer.22
Halacha 9
When one is transferring the holiness of produce that was exchanged [for produce of the Sabbatical year], one may not transfer it to a domesticated animal, fowl, or beast, that is alive,23 lest they be left alive and one raise herds [of animals imbued with the holiness of the Sabbatical year]. Needless to say, this24 applies with the produce of the Sabbatical year itself. One may, however, transfer the holiness of this produce to animals that have been slaughtered.25
Halacha 10
Money received for produce of the Sabbatical year may not be used to pay a debt.26 Nor may one use it to repay shushbinut27 or return a favor.28 One should not use it to pay a pledge of charity for the poor in the synagogue.29 One may, however, send it for purposes associated with the acts of kindness,30 but one must notify the recipients.31
Similarly, it may not be used to purchase servants, landed property, or a non-kosher animal.32 If it was used for those purposes, one should purchase ordinary food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year],33 as was explained with regard to the second tithes.34 One may not purchase pairs of doves for [the sacrifices of] zavim, zavot, or women after childbirth,35 or sin-offerings or guilt offerings.36 If he purchased [these offerings with these funds], he should purchase food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year]. One should not apply oil from the Sabbatical year to utensils or hides.37 If one did so, one should purchase food with a commensurate sum and partake of it38 [as befits the holiness of the Sabbatical year].
Halacha 11
[This money] should not be given to a bathhouse attendant, a blood-letter,39 a person who sails a boat, or another craftsman.40 He may, however, give them to a person who draws water from a well to provide him with drinking water.41 It is permitted to given the produce of the Sabbatical year or money received in return for it to a craftsman as a present.42
Halacha 12
When a person tells a worker: "Here is an isar.43 Gather vegetables44 for me today," his wage is permitted. It is not considered as money received in return for produce of the Sabbatical year. Instead, he may use it for whatever he desires.45The worker was not penalized46 in that his wage would be considered as money received for the produce of the Sabbatical year. If he told him: "Gather a vegetable for me today for it," [his wage] is considered as money received in return for produce of the Sabbatical year.47He may use it only for eating and drinking like the produce of the Sabbatical year.
Halacha 13
When donkey-drivers perform work with the produce of the Sabbatical year that is forbidden - e.g., they bring more than the [minimal amount] of produce48 - their wages are considered as money received in return for produce of the Sabbatical year.49 This is a penalty imposed upon them.
Why was a penalty imposed on the wages of a donkey-driver and not on the wages of a hired worker? Because the latter receives a minimal wage. Hence, he was not penalized so that [he could earn] his livelihood.
Halacha 14
When a person purchases a loaf of bread from a baker for a pundiyon,50 and tells him: "When I harvest vegetables [grown in the Saabatical year] from the field, I will bring them to you for it."51 this is permitted.52 The loaf of bread is considered as the produce of the Sabbatical year.53 If he purchases the loaf without making any qualifications,54 he should not pay him with money received for the produce of the Sabbatical year, because one should not use that money to pay debts.55
Halacha 15
One may partake of the produce of the Sabbatical year [in expectation56 that the recipient will return] the favor and when there are no such expectations.57 What is implied [by the idea of eating in expectation of the return of the favor]? One may give a colleague the produce of the Sabbatical year as if he had already performed a favor for him58 or invite him into his garden to eat as one who performed a favor for him.
When a person was given the produce of the Sabbatical year as a present or he inherited it, he should partake of it in the same manner as if he gathered this produce from the field himself.59
FOOTNOTES
1.Avodah Zarah 62a derives this insight from the exegesis of Leviticus 25:7. The fact that the Rambam does not mention that prooftext here has raised a question among the commentaries: Does he consider the prohibition against using the produce of the Sabbatical year as merchandise as Scriptural or Rabbinic in origin?
2.Enough for three meals (Kessef Mishneh).
3.For selling a small amount is not considered as using the produce as merchandise.
4.For humans (see Chapter 5, Halachah 12).
5.Sukkah 40b derives this from the exegesis of Leviticus 25:12: "It shall be holy for you." Just as the sanctity of articles that are "holy," consecrated to the Temple, is transferred to the money received for them, so too, the holiness of the produce of the Sabbatical year is transferred to the money received for it.
6.See Halachot 6-7.
7.These refer to vegetables that grow under the circumstances described in Chapter 4, Halachah 4, or the like. Otherwise, the vegetables would be forbidden as sifichin. See the gloss of the Kessef Mishneh to Halachah 12.
8.This is forbidden even if one intends to use the proceeds to purchase food which he will eat according to the requirements of the holiness of the Sabbatical year [the Rambam's Commentary to the Mishnah (Shivi'it 7:3)].
9.For it is obvious that he gathered the vegetables for his own personal use.
10.Since the person who reaped the produce was not the one who sold it, there is no prohibition involved (Radbaz).
11.The Radbaz states that one should also sell the produce at a lower price than usual.
12.When a person packages produce to take home from his field, he is not precise with regard to the amount he takes.
13.When a person packages produce to sell in the marketplace, he is careful to package an exact amount, so that the sale will be honest.
The Ra'avad differs with the Rambam's ruling, maintaining that as long as the type of produce is packaged to bring home, it can be packaged for sale. The Radbaz and the Kessef Mishneh support the Rambam's interpretation, explaining that when produce is packaged for sale, it is possible for an onlooker to appreciate that this is the intent from the way that it is packaged.
14.For an onlooker will not understand that the produce is from the Diaspora and will think that the produce of the Sabbatical year is being sold in an ordinary manner.
15.See Hilchot Arachin 6:4.
16.And it must be used to purchase food which will be eaten with the stringencies befitting the holiness of the produce of the Sabbatical year.
17.Leviticus 25:12. See the Sifra to this verse.
18.Leviticus 25:12. See the Sifra to this verse.
19.As is true with regard to the money used to redeem consecrated objects.
20.I.e., the food to be eaten; see the following halachah, for an explanation.
21.See Chapter 7, Halachah 1, which speaks about this subject.
22.I.e., one says: "The holiness of this produce is transferred to this other produce."
23.Note the parallel to Hilchot Ma'aser Sheni 4:6. There it is stated that if one makes such a transfer, it is not effective. The commentaries state that the same law applies in the present instance.
24.That the holiness may not be transferred to a living animal.
25.For the abovementioned difficulty does not apply.
26.This is considered similar to using it to purchase merchandise.
27.Shushbinut refers to a custom where a person sends money to a friend as a present at the time of the friend's wedding. Afterwards, when the person himself marries, his friend is expected to send a similar sum to him as a present. The money is considered as a debt and if he fails to so, he can be sued in court. See Hilchot Zechiyah UMatanah, ch. 7.
28.I.e., the person once lent him money. He may not use money received in return for the produce of the Sabbatical year to offer that person a loan (Radbaz, Hilchot Matanot Aniyim 6:17).
29.Since the person pledged money, satisfying his obligation with the produce of the Sabbatical year is comparable to using it to pay a debt.
30.I.e., providing that person with the meal of comfort at the time of bereavement (ibid.).
31.So that they treat it with the appropriate holiness and rid themselves of it when required. Also, the recipient will realize that he need not be overly grateful, for he was not given produce of full value.
32.For as mentioned above, such money may only be used for the purchase of food.
33.Our translation is taken from the Rambam's Commentary to the Mishnah (Shivi'it 8:8).
34.See Hilchot Ma'aser Sheni 7:17.
35.As explained in Hilchot Mechusrei Kapparah, ch. 1, these individuals are required to bring pairs of doves as part of their sacrifices to emerge from impurity.
36.In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam explains that money from the second tithes - and thus by extension, money from the Sabbatical year - may not be used for these sacrifices, for they are not eaten by their owners.
37.For then, he is not receiving direct physical benefit from the oil. See Chapter 5, Halachah 7.
38.But not use it for smearing. See Chapter 5, Halachah 12, and notes.
39.Our translation is taken from the Rambam's Commentary to the Mishnah (Kilayim 9:3).
40.For, as stated, above, they may not be used for a purpose other than food.
41.For that is like using the money to purchase drinking water [the Rambam's Commentary to the Mishnah (Shivi'it 8:5)]. He may not, however, give it to him to draw water for other purposes (Radbaz).
42.Even though the craftsman will be receiving a present and will return the favor to the person in some way, that is permitted. See Halachah 15 and notes.
43.A coin of small value used in the Talmudic period. In his Commentary to the Mishnah (Shivi'it 8:4), the Rambam states that this was the cost of inexpensive vegetables in the Talmudic era.
44.This refers to vegetables that grow in the manner described in Chapter 6, Halachah 4 (Kessef Mishneh).
45.I.e., it is not restricted to being used for eating or drinking as is money received in return for produce of the Sabbatical year.
46.See the rationale given in the following halachah.
47.The wording used by the employer clearly establishes such a connection. As the Radbaz explains, in the first instance, it appears that he is hiring him to work that day. In the second instance, it appears that he is hiring him to reap vegetables.
48.While it is permitted to bring a small amount of produce in the Sabbatical year from the fields as stated in Chapter 4, Halachah 24, these donkey-drivers brought oversized loads as they would do in other years.
49.And may only be used for food and drink. This stringency applies even if their employer hired them using wording that would be permitted when hiring a worker.
50.A coin of the Talmudic period that was twice the worth of an isar.
51.I.e., rather than pay him now, he promises that he will pay him in the future by bringing him vegetables.
52.The purchaser is not considered to be paying a debt with the produce from the Sabbatical year. Instead, since at the time he took the loaf of bread, he already stipulated that the exchange would be made, this is considered as an exchange for the produce of the Sabbatical year, which is permitted [the Rambam's Commentary to the Mishnah (Shivi'it 8:4)].
The commentaries explain that this concept is alluded to by the Rambam's addition of the word bo, meaning "for it." This implies that the purchaser is clearly stipulating that he is making an exchange.
53.For it was received in exchange for produce of the Sabbatical year.
54.And does not pay him immediately.
55.As stated in Halachah 10. This applies even to debts incurred from purchasing food.
56.Or even in return for having perfomed a favor.
57.The Rambam is adding this point, to emphasize that we do not follow the opinion of Rabbi Yehudah who maintains that the School of Hillel permitted a person to partake of the produce of the Sabbatical year that belongs to a colleague only in expectation of favors (see Ediyot 5:1). Rabbi Yehudah's rationale is that it is not desirable for any person to have free access to a colleague's field and enter it at all times.
58.In his Commentary to the Mishnah (Shivi'it 4:1), the Rambam explains that the person tells a colleague: "Reap in my field and then I will reap in your field."
59.There is a difference of opinion regarding this issue in Shivi'it 9:9 and the Rambam's ruling does not follow either of the views mentioned there. Nevertheless, it can be explained that the mishnah is speaking according to Rabbi Eliezer's perspective and Rabbi Eliezer follows the opinion of the School of Shammai. The Rambam's ruling reflects the position that would be given by the School of Hillel, whose opinion is accepted as halachah.
Shemita - Chapter 7
Halacha 1
We may only partake of the produce of the Sabbatical year as long as that species is found in the field. [This is derived from Leviticus 25:7]: "For the animal and the beast in your land will be all the produce to eat." [Implied1 is that] as long as a beast2 [can be] eating from this species in the field, one may eat from [what he has collected] at home. When there is no longer any [of that species] for the beast to eat in the field, one is obligated to remove that species from his home. This is the obligation of biyur which applies to the produce of the Sabbatical year.
Halacha 2
What is implied? If a person has dried figs at home, he may partake of them as long as there are figs on the trees in the field. When there are no longer figs in the field, it is forbidden for him to partake of the figs he has at home and he must instead remove them.3
Halacha 3
If he had a large amount of produce, he should distribute4 a quantity that can be eaten in three meals to every person [he desires]. It is forbidden - both for the rich and the poor5 - to partake of it after the time of biyur. If he is not able to find people to eat at the time of biyur, he should burn it with fire or cast it into Mediterranean Sea,6 or destroy it through any other means.7
Halacha 4
If one had raisins from the Sabbatical year and there were no longer any grapes left in the fields,8 the gardens, and the orchards which are ownerless,9 even though there are still grapes on the vines in the courtyards, he may not partake of the raisins because of the grapes in the courtyard, because they are not accessible to a wild beast.10 If, however, there are very firm grapes that do not mature until the end of the year [still growing in the field], one may partake of the raisins [he has stored] because of them. Similar laws apply in all analogous instances.
Halacha 5
When a tree produces fruit twice a year and one still possesses fruit from its first crop, he may partake of it as long as the second crop is still in the field. For [the requirement that] this species be [available] in the field [is met]. We do not, however, [continue to] partake [of stored fruit] because of fruit that grows in the fall,11 because it is considered as the produce of a different year.
Halacha 6
When a person pickles three types of produce in one barrel, if one of these types of produce is no longer available in the field, that type of produce should be removed from the barrel.12 If he began partaking of [the pickled produce], the entire [mixture] is considered as having been removed.13
Just as one is obligated to remove food [stored for] human consumption, so too, must he remove animal fodder from his home and he may no longer feed it to an animal if that type of produce is no longer available in the field.14
Halacha 7
Just as one must remove the produce of the Sabbatical year, so too, one must remove the money [received in exchange for it].15 What is implied? One sold pomegranates of the Sabbatical year and used the money received in return for them [to purchase] food. When there are no longer any pomegranates on the trees in the field, but he remains in possession of the money he received for selling them, he is obligated to remove it from his possession.
Halacha 8
What should he do? He should purchase food with this money and distribute it, [providing] three meals to every person [he desires].16 Alternatively, if he does not find people to partake of such food, he should cast the money into the Mediterranean Sea.
Halacha 9
[Eretz Yisrael is divided into] three lands [with regard to the obligation of] biyur:17
a) the entire land of Yehudah, its mountainous portion, its plain, and its valley, is all one region.18
b) the entire [West] Bank of the Jordan,19 [including] the plain of Lod, the mountains [around] the plain of Lod, [the area of] Beit Choron, with the sea, is all one region; and
c) the entire Galilee, the upper [Galilee], the lower [Galilee], and the area of Tiberias, is one region. In each of these three regions, one may partake [of a species of produce stored at home] until the last [traces of that produce] cease [to exist in the entire region's fields].
Halacha 10
What is implied? If one possesses produce in the land of Yehudah, one may partake of it as long as this species is found [in the fields of] the entire land of Yehudah.20Similar laws apply if he possesses produce from the Galilee or from the [West] Bank of the Jordan.
Halacha 11
These three regions are considered as one entity with regard to carobs, olives, and dates.21 One may eat dates [throughout Eretz Yisrael] until the last dates are no longer available in Tzo'ar.22 From when are they no longer available? Purim. We may eat olives until Shavuot and grapes until Pesach of the eighth year. Dried figs may be eaten until Chanukah.23
Halacha 12
When a person transports produce of the Sabbatical year from a region in which it is no longer available [in the field] to a region where it is available, or from a region where it is available to a region in which it is no longer available, he is obligated in biyur. [The rationale is that] we place upon him the stringencies of the place from which he departed and those of the place to which he journeyed.24
When the produce of Eretz Yisrael has been brought to the Diaspora, it should be destroyed in its place.25 It should not be transported from one place to another.
Halacha 13
A great general principle was stated with regard to [the produce of] the Sabbatical year: Whenever [produce] is [used as] food for humans, animal fodder, or as one of the dyes, if it will not be maintained in the earth, the laws of the Sabbatical year apply to it and to money received for it and the requirements of biyur apply to it26 and to money received for it, e.g., the leaves of wild onions, mint, and endives, are considered as food for humans, brambles and thorn are considered as animal fodder, and woad27 and safflower are considered as dyes. If the species is maintained in the earth, e.g., madder28 and dyer's rocket from the dyes,29 even though the laws of the Sabbatical year apply to it and to money received for it. The requirements of biyur do not apply to it or to money received for it, because it is maintained in the earth.30 Instead, one may benefit from it and use it as dye until Rosh HaShanah.31
Halacha 14
Whenever a plant is not set aside to be [used as] food for humans, animal fodder, or as one of the dyes, since it is not used as kindling fuel,32 the laws of the Sabbatical year apply to it and to money received for it,33 but the requirements of biyur do not apply to it34 or to those monies. [This applies] even if it will not be maintained in the earth. Instead, we may benefit from it and the money received for it until Rosh HaShanah.35 Examples [of this category include] the roots of wild onions and mint and the scorpion-like herb.
Halacha 15
The laws of the Sabbatical year apply to the peels and the buds of pomegranates, the shells of nuts,36 and the seeds [of other fruits] and to the money received for them,37 but the requirements of biyur do not apply to them or to those monies.
The laws of the Sabbatical year apply to the tips of the branches of grape vines38 and carob trees and to the money received for them, as do the requirements of biyur.39 The laws of the Sabbatical year apply to the tips of the branches of the evergreen oak, the pistachio tree, and the box thorn bush40 and to the money received for them, but the requirements of biyur do not apply to them.41 The requirement of biyur does apply to their leaves.42
Halacha 16
When is the time for biyur? For leaves, it is when they wither and fall from the tree.43 The leaves of olive trees, reeds, and carob trees do not have a time of biyur, because they never wither and fall away.
Halacha 17
Until when does a person have the license to gather fresh grass in the Sabbatical year? Until the bitter44 [apples] become dried out.45 He may gather dried grasses46 until the second rains of the eighth year.47
Halacha 18
Until when are the poor48 permitted to enter the orchards in the eighth year to gather the fruits of the Sabbatical year?49 Until the second rains descend.50
Halacha 19
The laws of the Sabbatical year apply to roses, cloves, and chestnuts and to the money received for them.51 The laws of the Sabbatical year do not apply to balsam sap that flows from trees, from their leaves, and their roots.52 They do apply to [sap] that flows from underdeveloped berries53 and the money received for it.
Halacha 20
When does the above apply? When the tree produces edible fruit. If, however, the tree is not fruitbearing, the sap that flows from its leaves and roots is considered as its fruit54 and the laws of the Sabbatical year apply to it and to the money received for it.
Halacha 21
When a person pickles a rose from the Sabbatical year in the oil of the sixth year, he may gather the rose55 and it is permitted [to use] the oil [in an ordinary manner].56 If he pickles [a rose] in the oil of the eighth year,57 he is obligated to perform biyur with the oil. [The rationale is] at that time, the rose is dry and the obligation of biyur has already fallen upon it.
Halacha 22
When carobs of the Sabbatical year were left to soak in the wine of the sixth year or in the wine of the eighth year, biyur must be performed with the wine, because it has absorbed the flavor of the produce of the Sabbatical year.58 This is the general principle: When the produce of the Sabbatical year becomes mixed with other produce of the same species,59 even the slightest amount [causes the entire mixture to be considered as the produce of the Sabbatical year]. When it becomes mixed with other species, [the ruling depends on whether it has] imparted its flavor [or not].60
FOOTNOTES
1.See the Sifra to that verse.
From the fact that a verse from the Torah is brought as support, the Minchat Chinuch concludes that the obligation of biyur is of Scriptural origin. The P'nei Yehoshua (Pesachim 52b), however, maintains that the verse is merely an asmachta, a support brought by the Rabbis for their own ordinance, and in truth, the obligation is Rabbinic. He supports this thesis by the fact that, otherwise, it would have been appropriate for the Rambam to consider the obligation as one of the mitzvot.
2.I.e., a wild animal which you are not obligated to feed. See the Rambam's Commentary to the Mishnah (Shivi'it 9:2).
3.As the Rambam states in the following halachah.
4.On the day of the biyur.
5.There is a difference of opinion concerning this matter in the mishnah (Sh'vi'it 5:3, 9:8).
6.This is how the Rambam [in the conclusion of his Commentary to the Mishnah, et al], interprets the phrase yam hamelech. See also Hilchot Ma'aser Sheni 2:2. Others interpret it as referring to the Dead Sea. In his Commentary to the Mishnah (Sh'vi'it 9:2), he mentions only casting the produce into the sea.
7.Thus the Rambam interprets the word biyur as meaning "destruction." After the time of biyur, the produce must be destroyed. The Ramban (in his commentary to the Torah) and other Rishonim, however, interpret it as "removal" and maintain that after the biyur, all that is necessary is to renounce one's ownership over the produce and thus remove it from one's domain. Rav Yosef Corcus states that this view can be relied upon in the present era and, indeed, this is the practice in Eretz Yisrael today.
8.In a later addition to his Commentary to the Mishnah (Sh'vi'it 9:4; see Rav Kappach's notes), the Rambam states that fields within a city are considered like gardens. Here he is speaking of those in the outlying areas.
9.I.e., regarded as ownerless in the Sabbatical year.
10.I.e., a homeowner will not leave his courtyard open so that a wild beast can enter it at will. (He must, however, regard even the produce growing in his courtyard as ownerless and allow another person to enter and pick it.)
11.Since this fruit grows in the rainy season, which begins well after Rosh HaShanah, it is considered as the produce of the eighth year and not of the Sabbatical year.
12.And eaten or destroyed, as stated in Halachah 3. He is not, however, obligated to remove the other two types of produce. Although the one type of produce that is now forbidden has imparted its flavor to the other two types, that does not cause them to be forbidden.
13.Our translation is based on the interpretation of Mareh HaPonim (a gloss to the Jerusalem Talmud, Sh'vi'it 9:5). He explains that once a jar of pickled vegetables were opened (in pre-refrigeration eras), the vegetables would spoil rapidly. Hence, it is considered as if the entire batch was already removed from his possession.
14.In this context, there is no difference between the laws applying to food for humans and animal fodder.
15.For as stated in Chapter 6, Halachah 6, the holiness of the produce is transferred to the money received for it.
16.As above, these activities should be performed on the day the obligation of biyur takes place. The Radbaz explains that the person is required to purchase food with the money. It is not sufficient for him to distribute the money itself and tell the recipients to purchase food, for perhaps they will fail to do so.
17.I.e., as the Rambam proceeds to explain, Eretz Yisrael is not considered a single entity with regard to this obligation, for different conditions apply in each of the three regions. Each of those regions individually, however, is considered as a single integral entity although different conditions apply in each of its districts.
18.I.e., this region - as well as the other two - is subdivided into three districts.
19.The term Ever HaYarden, literally Trans-Jordan, is most commonly used to refer to the areas on the Eastern bank of the Jordan, as mentioned at the conclusion of the Book of Numbers, throughout the Book of Deuteronomy, and in many places throughout the Mishnah. There are many authorities (among them, Rabbenu Shimshon and Rabbenu Tam) who therefore consider that as the proper interpretation in this instance as well. In this instance, however, the Rambam understands the term differently. His view is accepted by Rabbenu Asher, Rav Ovadiah of Bartenura, and explained by Kaftor UPerach. See also the gloss of Rav Akiva Eiger.
20.Even if it is no longer available in the particular district in which one is located. See Sh'vi'it 9:2-3.
21.And one may eat these species in one region even though they are no longer available in that entire region, as long as they are available in other portions of Eretz Yisrael. Among the reasons given for the distinction between these species and other fruits is that there is little difference between the times these fruits grow in one region of Eretz Yisrael and another. Also, these species remain on the tree after they have ripened for longer than most fruits. Hence, there is added reason for seeking a common date.
22.A village near Jericho, a region renown for its dates. They grow there later than in other places in Eretz Yisrael.
23.The commentaries have questioned the Rambam's statements with regard to figs and grapes, for they imply that there is a universal time for the biyur of these species and yet they are not mentioned together with the three species at the beginning of the halachah. The Radbaz resolves this question by saying that the dates mentioned by the Rambam are the latest applicable in all of the three regions.
24.This is a general principle applied in several different contexts in Torah law to maintain unity within the Jewish community; see Hilchot Sh'vitat Yom Tov 8:20. With regard to the matter at hand, since the obligation of biyur has already taken effect in one of these regions, he is obligated to observe it.
25.I.e., it need not be brought back to Eretz Yisrael to be destroyed there as required by one opinion in Sh'vi'it 6:5. As stated in Chapter 5, Halachah 13, as an initial preference, the produce of the Sabbatical year should not be brought to the Diaspora.
26.For it is maintained in the earth only for a specific time.
27.Which produces a bluish dye.
28.Which produces a red dye.
29.The Rambam does not mention food for human's or animal fodder, for all species of these types of produce reach a point where they are no longer available in the field and the obligation of biyur takes effect at that time.
30.And thus is continually available to an animal.
31.I.e., until the end of the Sabbatical year. Some commentaries maintain that the text should read "after Rosh HaShanah," for the plants that grew in the Sabbatical year will continue growing into the eighth year. In his Commentary to the Mishnah (Sh'vi'it 7:2), the Rambam states: "We continue to use them and benefit from them until they cease [growing in the field]." The Radbaz follows this understanding, but maintains that after Rosh HaShanah, these plants should be declared ownerless. That fulfills the requirement of biyur with regard to them.
32.The laws of the Sabbatical year do not apply to kindling fuel, as stated in Chapter 5, Halachah 21.
33.Since a person has chosen to benefit from it, he must treat it as the produce of the Sabbatical year.
34.Since it is not considered as food or animal fodder, there is no limit until when it would normally be used.
35.The Rambam does not mention food for human's or animal fodder, for all species of these types of produce reach a point where they are no longer available in the field and the obligation of biyur takes effect at that time.
36.The Radbaz maintains that this refers to the inner shell which is useful as a dye. The hard outer shell, by contrast, is useful only for kindling and the laws of the Sabbatical year do not apply to it.
37.For they are useful as dyes (Radbaz).
38.When these branches are soft, they are occasionally cut off, pickled, and served as food [the Rambam's Commentary to the Mishnah (Sh'vi'it 7:5)].
39.The requirements of biyur apply, because the tips of these branches will ultimately fall from the tree (Radbaz).
40.Apparently, these branches are also pickled on occasion.
41.From the Rambam's Commentary to the Mishnah (ibid.), it would appear that the rationale is that these branches continue growing on the tree.
42.Because they fall from the branches and thus are not maintained in the earth (ibid.).
43.For at this point, they are no longer accessible to an animal in the field.
44.Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 3:1)]. There he explains that although matok, the name the Mishnah uses, means "sweet," this fruit has a bitter taste and that term is used as a euphemism. Some have identified this species with the colocynth, a wild gourd with a very bitter flavor. The Radbaz identifies it with a bitter species of grass.
45.When these gourds have dried, fresh grass will no longer be available in the field for animals.
46.For animal fodder.
47.For the rains will spoil the grasses and they will no longer be available in the fields (Radbaz). In his Commentary to the Mishnah (Sh'vi'it 9:6), the Rambam explains that these rains usually come between the seventeenth of MarCheshvan and the first of Kislev.
48.Or for that matter the rich, for everyone is allowed to gather the fruit of the Sabbatical year (Radbaz).
49.In his Commentary to the Mishnah (Sh'vi'it 9:7), the Rambam explains that this concept also applies to the poor gathering the presents of leket, shichachah, and pe'ah in other years.
50.From this point on, there are no longer fruits available in the fields.
51.For these are all considered as fruit.
52.Because this sap does not come from the fruit of the tree, but from the tree itself.
53.For these are fruit.
54.For this is its sole product.
55.And treat it with the holiness of the Sabbatical year.
56.In his Commentary to the Mishnah (Sh'vi'it 7:7), the Rambam explains that since the oil is aged and the rose is fresh, the oil will not absorb the flavor of the rose unless it is left within it for a long time. Accordingly, the oil is considered as the produce of the sixth year.
57.Since the rose is aged, its flavor will be absorbed by the oil immediately (ibid.).
58.The wine absorbs the carobs' flavor immediately (ibid.).
59.E.g., the wine of the Sabbatical year with the wine of other years (ibid.).
60.If it has imparted its flavor to the mixture, the mixture must be treated as produce of the Sabbatical year. If it has not, those stringencies do not apply. The concept stated here is a general principle applying in other contexts. See Hilchot Ma'achalot Assurot 15:8.
Shemita - Chapter 8
Halacha 1
Just as it is forbidden to work the land in the Sabbatical year,1 so too, it is forbidden to reinforce the hands of the Jews who do till it2 or to sell them farming tools, for it is forbidden to strengthen the hands of transgressors.3
Halacha 2
These are the utensils which a craftsman is not permitted to sell in the Sabbatical year to someone who is suspect [to violate the laws of] the Sabbatical year:4 a plow and all of its accessories, a yoke [for a team of oxen], a winnowing fork, and a mattock.5 This is the general principle: Any [utensil] that is exclusively used for a type of work that is forbidden in the Sabbatical year is forbidden to be sold to a person suspect [to violate the laws of] the Sabbatical year. [If it is used for] a type of work that may be forbidden or which might be permitted, it is permitted to be sold to a person suspect [to violate the laws of] the Sabbatical year.6
Halacha 3
What is implied? He may sell him a sickle and a wagon and all of its accessories. For if he uses it to harvest a small amount of produce and he brings a small amount of produce on the wagon, it is permitted.7 If, however, he harvests in the ordinary manner of reapers or brings all the produce of his field, it is forbidden.8
Halacha 4
It is permissible to sell [a utensil] - even one which is exclusively used for tasks forbidden in the Sabbatical year - to someone who is not suspect [to violate the laws of] the Sabbatical year9 without any stipulations, because it is possible that he purchased the article in the Sabbatical year to perform work [with it] after the Sabbatical year.
Halacha 5
A potter may sell a person five jugs for oil and fifteen jugs for wine.10 It is permitted to sell a larger amount to a gentile.11 One need not suspect that perhaps he will sell them to a Jew. One may sell many jugs to a Jew in the Diaspora. One need not suspect that perhaps he will bring them to Eretz [Yisrael].12
Halacha 6
One may sell a cow that plows to a person suspect [to violate the laws of the Sabbatical year] in the Sabbatical year, because it is possible to slaughter it. One may sell such a person a field, for it is possible that he will leave it fallow.13 He may not, however, sell him an orchard unless he stipulates that [the purchaser] does not have a share in the trees' [produce].14 He may lend him [a measure of] a se'ah even though he knows that he has a granary,15 because he might use it to measure in his house. And he may exchange money for him even though he knows that he has workers [employed in violation of the laws of the Sabbatical year]. In all these instances, [if the purchaser states] explicitly [that he is intending to use the article in violation of the laws of the Sabbatical year, it] is forbidden.16
Halacha 7
Similarly, a woman may lend a sifter, a sieve, a mill, and an oven to a friend who is suspect [to violate the prohibitions of the Sabbatical year],17 but she may not sift or grind with her.18
Halacha 8
We may encourage the gentiles [working] in the Sabbatical year, but only verbally. For example, if one sees one plowing or sowing, he should tell him: "Be strong," "Be successful," or the like, because they are not commanded to let the land rest. One may not physically assist them.19 It is permitted to remove honey from a beehive with them and one may enter a sharecropping agreement with them for land whose ground was broken [in the Sabbatical year],20 for they are not obligated to observe [these restrictions]. [Hence,] they are not penalized [for their violation].21
Halacha 9
In Syria,22 it is permitted to perform labor with produce that has been harvested,23 but not with produce that is still connected to the earth. What is implied? One may thresh produce, winnow it, squeeze grapes, and make sheaves out of grain,24but one may not harvest grain, grapes, olives, or perform any similar activities.
Halacha 10
Just as it is forbidden to engage in business transactions with the produce of the Sabbatical year25 or to store them [until after the obligation of biyur has been incurred],26 so too, it is forbidden to purchase them from a common person. [The rationale is that] we do not give even the slightest amount of money exchanged for the produce of the Sabbatical year27 to a common person, lest he not partake of [food purchased with it] in a manner that befits the holiness of the Sabbatical year.28
Halacha 11
When a person purchases a lulav from a common person in the Sabbatical year,29 he should give him an esrog30 as a present. If he does not give it to him,31 he should have the price of the esrog included in the price of the lulav.32
Halacha 12
When does the above33 apply? When a person sells types of fruit that are usually protected, e.g., figs, pomegranates, or the like. If, however, he sells fruit which we could assume is ownerless, e.g., rue, amaranth, moss rose, coriander34 and the like, it is permitted to purchase from them a small amount, merely the worth of three meals. [This leniency was granted to allow] the seller to earn his livelihood.35
Halacha 13
Similarly, any species from which the tithes are not obligated to be separated, e.g., exceedingly powerful garlic, the onions of Rikpah,36 a pearled Cilcilian bean, Egyptian lentils,37 and the like, and also the seeds of plants when [the seeds] are not eaten, e.g., those of turnips, radishes, and the like, may be purchased from any person in the Sabbatical year.38
Halacha 14
When does the above apply? To an ordinary common person.39 When, however, one is suspect to carry out transactions with the produce of the Sabbatical year or to guard his produce and sell it, we may not purchase anything from him that has any connection to the Sabbatical year. [Similarly,] we may not purchase flax - even combed out flax40 - from him. One may, however, purchase [flax] that has been spun and twisted [into threads].41
Halacha 15
A person who is suspect [to sell produce of] the Sabbatical year is not necessarily considered as suspect to [sell produce of the second] tithe. [Similarly,] one who is suspect [to sell produce of the second] tithe is not necessarily considered as suspect to [to sell produce of]s of] the Sabbatical year even though they are both Scriptural commandments.42[The rationale is that each possesses a stringency which the other lacks.] The [second] tithe must be brought to [Jerusalem]43 and this does not apply with regard to [the produce of] the Sabbatical year. [Conversely, the produce of] the Sabbatical year cannot be redeemed44 and this does not apply with regard to [the produce of] the second tithe.
Halacha 16
A person who is suspect [of selling impure food as if it were] ritually pure is not suspect [to sell produce of the second] tithe or [that of] the Sabbatical year. For the impure food that was sold as being ritually pure imparts impurity to others only according to Rabbinic Law45 and one who is suspect [of causing the transgression] of Rabbinic Law is not suspect [of causing the violation] of Scriptural Law.46
Halacha 17
Whenever a person is suspect [of selling entities in violation of a prohibition], even though his word is not accepted with regard to his own property, his word is accepted with regard to [the property of] others. We operate under the assumption that a person will not violate a prohibition for the sake of others. Therefore even though a person is suspect with regard to a given [prohibition], he may judge and offer testimony regarding this matter.47
Halacha 18
Priests are considered suspect with regard to [the prohibitions of] the Sabbatical year.48 [The reason is that] they rationalize their conduct saying: Since the terumot are permitted to us even though they are forbidden to non-priests [and this violation is punishable] by death,49 certainly, the produce of the Sabbatical year is permitted to us.
Therefore when a se'ah of terumah falls into 100 se'ah of the produce of the Sabbatical year, a se'ah should be separated.50 If it fell into less than 100 se'ah, they entire mixture should be left to rot instead of being sold to priests as other produce which is miduma,51 because they are suspect to violate the prohibitions of the Sabbatical year.
Halacha 19
Painters and cattle-raisers52 may purchase bran53 from any source. They need not suspect it is sefichin of the Sabbatical year.54
Halacha 20
In the Sabbatical year, the collectors of the kupah55 were not careful [to refrain from entering] the courtyards of those who partake [of the sefichin] of the Sabbatical year. If they gave a loaf of bread, it is permitted [for the poor to partake of it].56 We do not suspect that perhaps it is from the sefichin of the Sabbatical year.57For the Jews were not suspect to give [the produce of the Sabbatical year to charity], only money received for the produce of the Sabbatical year or eggs which were purchased with money received for the produce of the Sabbatical year.58
It is permitted to borrow the produce59 of the Sabbatical year from the poor.60 They should be repaid with produce in the eighth year.61
FOOTNOTES
1.As stated in Chapter 1.
2.They should not be given verbal encouragement. Needless to say, they should not be given assistance. Compare to Halachah 8.
3.In this context, the Rambam writes in his Commentary to the Mishnah (Sh'vi'it 5:6):
God declared (Leviticus 19:14): "Do not place a stumbling block before the blind." The intent is that when someone has been blinded by desire and his bad character traits should not be assisted in his blindness to add to his warped conduct.
4.One may, however, sell these utensils to someone who is not suspect of violating the laws of the Sabbatical year, as stated in Halachah 4.
5.A long pronged tool.
6.As long as there is a possibility that the person will use it for a permitted purpose, we assume that this is his intent (Avodah Zarah 15b).
7.See Chapter 4, Halachot 1, 24.
8.See Chapter 4, Halachot 1, 24.
9.The person does not have to establish a reputation as an observer of the Sabbatical year. As long as he is not known to violate its laws, one may sell to him.
10.For these are the amounts each person is permitted to store (Chapter 4, Halachah 24).
11.Even in Eretz Yisrael (Sh'vi'it 5:7).
12.To sell there. In both these instances, since it is possible that the Sabbatical laws will not be broken, we do not suspect that they will [the Rambam's Commentary to the Mishnah (Sh'vi'it 5:7)].
13.As an agricultural measure, without considering the holiness of the Sabbatical year.
14.For otherwise, the person will certainly violate the laws of the Sabbatical year, by harvesting all the fruit of the orchard.
15.Where he could measure the produce of the Sabbatical year. As mentioned in Chapter 6, Halachah 3, one should not measure the produce of the Sabbatical year. Even when selling it, one should sell it by estimation.
16.For then his actions would obviously be considering as rendering assistance to the violation of the laws of the Sabbatical year.
17.The Mishnah (Sh'vi'it 5:9) states that these leniencies are granted only "because of darchei shalom ('the paths of peace')," i.e., to establish unity and brotherhood among the Jewish people.
18.For it is logical to assume that the other woman would be using the produce of the Sabbatical year and working with her would be considered as encouragement.
19.Even in a matter that does not involve the violation of the laws of the Sabbatical year.
20.And thus the Jew will receive some benefit from the work performed by the gentile in the Sabbatical year.
21.If, by contrast, a Jew breaks the ground of his field in the Sabbatical year, it is forbidden to hire his field from him, as stated in Chapter 1, Halachah 13.
22.Which is not part of Eretz Yisrael and hence, is not covered by the Scriptural prohibitions against work in the Sabbatical year, but where working the land in that year was forbidden by the Rabbis, as stated in Chapter 4, Halachah 27.
23.Even though the produce was grown in the Sabbatical year.
24.For all of these activities are permitted even in Eretz Yisrael according to Scriptural Law, it is only Rabbinic Law that prohibits them.
25.Chapter 6, Halachah 1.
26.The bracketed addition is based on the gloss of the Radbaz. Alternatively, to guard the produce in his field so that it will not be taken during the Sabbatical year (Kin'at Eliyahu).
27.For when one pays for the produce, the holiness of the produce is transferred to the money, as explained in Chapter 6, Halachot 6-7.
28.Thus by purchasing the produce and giving him money, one would be - at least indirectly - causing him to violate the prohibitions of the Sabbatical year. Although in many of the instances mentioned in the previous halachot, we followed the principle that as long as there was a possibility that he would not transgress, we do not restrict transactions with people who might violate the laws of the Sabbatical year, in this instances, it is very likely that a transgression will occur. Hence, we are more stringent.
In his Commentary to the Mishnah (Sh'vi'it 9:1), the Rambam mentions a different reason for the prohibition against purchasing fruit from a common person, because he is likely to have harvested them and stored them in violation of the laws of the Sabbatical year.
29.I.e., a lulav to use for the fulfillment of the mitzvah on Sukkot. This sale is permissible, because the laws of the Sabbatical year do not apply to a lulav, for it is part of the tree and not a fruit [the Rambam's Commentary to the Mishnah (Sukkah 3:9)].
30.Which is a fruit and hence, may not be sold.
31.But instead, desires payment.
32.And thus, he will be paying for the lulav and not for the esrog.
33.Prohibition against purchasing even the slightest amount of produce from a common person.
34.Both of these are fragrant herbs. Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Sh'vi'it 9:1).
35.These fruits and herbs grew naturally and are not cultivated. Hence, we do not assume that the person stored them away and therefore there is room for limited leniency (Radbaz).
36.Which are also very pungent tasting. Our definition of terms is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 5:9).
37.These types of beans and lentils are of abnormal shape and grow wild (ibid.).
38.Since these species are not usually eaten as food, they are not bound by the Scriptural prohibitions of terumah and the tithes (Hilchot Terumah 2:3). Hence there is also room for leniency with regard to the Sabbatical year.
39.Whose reputation vis-à-vis the observance of the Sabbatical year has not been established.
40.The reason that it is forbidden to purchase flax from such a person is that flax seeds are sometimes considered as food. Even though the flax has been combed to some degree, there is still the possibility that it contains some seeds that are useful as food.
41.At this stage of processing, the flax will never be used as food.
42.As the Rambam states in his Commentary to the Mishnah (Bechorot 4:10), generally when two prohibitions are of the same degree of severity, if one is considered suspect to violate one, he is considered as suspect to violate the other. Nevertheless, this instance is an exception for the reasons stated by the Rambam.
43.Literally, the Rambam's words mean "the place," recalling Deuteronomy 12:11: "the place which God... will choose to cause His name to dwell." See Hilchot Ma'aser Sheni 2:1. This stringency does not apply with regard to the produce of the Sabbatical year which can be eaten in any place.
44.I.e., even after its redemption, it remains holy (Chapter 6, Halachah 6). In contrast, once the produce of the second tithe is redeemed, it is considered as ordinary produce (Hilchot Ma'aser Sheni 4:1).
45.As stated in Hilchot Sha'ar Avot HaTumah 8:10.
46.Since the Scriptural prohibitions are more severe, we assume that the person will respect them.
47.As stated in the notes to Hilchot Ma'aser 12:17, the Ra'avad does not accept this principle and maintains that if someone is considered as suspect regarding a particular issue, he is not accepted as a judge or witness concerning such matters. The Kessef Mishneh supports the Rambam's view.
48.I.e., we fear that they will not remove the produce of the Sabbatical year from their possession at the time of biyur, but instead will store it and sell it afterwards.
49.At the hand of heaven (Hilchot Terumah 6:5-6.
50.And given to the priests. They must partake of it as if it were terumah, as stated in ibid. 13:1. As explained there, this act is necessary in order to enable non-priests to partake of the entire mixture. And since we permit the entire mixture to non-priests, we do not suspect that the priests will keep the produce beyond the biyur.
51.As stated in ibid. 13:2, when terumah falls into less than 100 se'ah of ordinary produce, the presence of the terumah is not nullified. Instead, the entire mixture is considered as miduma and is sold to the priests as if it were terumah (which is sold at significantly lower price than ordinary produce). In this instance, we do not follow that ruling, because of the suspicion stated by the Rambam.
52.People who fatten animals.
53.Bran is used to provide body for paint and also to fatten cattle.
54.The rationale is that the prohibition against benefiting from sefichin is only Rabbinic in origin. Hence, we do not employ a safeguard because of a doubtful situation.
55.The city-wide charitable fund to which donations are made for the sustenance of the poor (see Hilchot Matanot Aniyim 9:1).
56.The Radbaz maintains that this is speaking of individuals whom we merely suspect that they violate the laws of the Sabbatical year. If we know with certainty that they violate those laws, we may not take any produce from them.
57.We do not suspect that a person will do a mitzvah - giving charity - in a manner that will cause a transgression - causing another Jew to violate the laws governing produce of the Sabbatical year [Jerusalem Talmud (Sh'vi'it 8:2)].
58.In these instances as well, we do not suspect that the person intentionally gave the money received for the produce for the Sabbatical year (or eggs received for that produce). Instead, we suspect that because he was a common person, he was not aware of the relevant laws (Radbaz).
59.The borrower must have such produce in his possession. Otherwise, it is forbidden to borrow the produce as a safeguard to the prohibition against taking interest (ibid.).
60.This leniency is granted only as consideration for the needs of the poor (ibid.). He may not purchase it from him, for in that instance, the money would become money received for produce of the Sabbatical year. We are afraid that the common person will not purchase food with that money and eat it before the obligation of biyur takes effect.
61.They should not be repaid with the produce of the Sabbatical year, because the produce of the Sabbatical year should not be given to a common person. We do not say the produce with which he repays him is produce received for produce of the Sabbatical year, because the exchange was not made in that year.
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Hayom Yom:
• Tuesday, Sivan 5, 5774 • 03 June 2014
"Today's Day"
Tuesday Sivan 5, Erev Shavuot, 49th day of the omer, 5703
Torah lessons: Chumash: Nasso, Shlishi with Rashi.
Tehillim: 29-34.
Tanya: And this is (p. 279)...BLESSED AND EXALTED. (p. 281).
On the eve of Shavuot 5557 (1797) the Alter Rebbe taught:
Sanctify them today and tomorrow and they shall cleanse their garments.1 "Sanctify them today and tomorrow," is done from Above, but "they shall cleanse their garments" - one must do himself. This was the entire teaching.
The Tzemach Tzedek elaborated: "Sanctify them" was said by G-d to Moshe. The extension of Moshe is in every generation2 and they3 are able to sanctify the "today" and the "tomorrow"; but for this is needed "..and they shall cleanse their garments" - the garments of thought, speech and deed. This must be done by each person on his own.
FOOTNOTES
1. Sh'mot 19:10.
2. Tikunei Zohar, Tikun 69.
3. I.e. the Moshe in each generation.
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Daily Thought:
Truth Concentrate
This Torah we were given is not of the world, nor is it something extraneous to it. Rather, it is the hidden essence, the primal thought from which all the cosmos and each thing within it extends. It is not about the world, it is the world—the world as its Creator sees it and knows it to be.
The sages of the Talmud told us that the Torah is the blueprint G‑d used to design His creation. There is not a thing that cannot be found there.
Even more, they told us, the Torah is far beyond the world, beyond time, beyond any sort of being. G‑d and His Torah are one, for His thoughts are not extraneous to Him, nor do they effect any change in Him, as do our thoughts. Rather, His thoughts, His wisdom, His desire—all are a simple oneness that does not change.
But He took that infinite wisdom and condensed it a thousandfold, a billionfold, and more, into finite, earthly terms that we could grasp—yet without losing a drop of its purity, its intimate bond with Him. Then He put it into our hands to learn, to explore and to extend.
So now, when our mind grasps a thought of Torah, thoroughly, with utter clarity, we grasp that inner wisdom. And when we are completely absorbed in the process of thought, comprehension and application, our self and being is grasped by that infinite wisdom which is the essence of all things. We have grasped it, and it grasps us. In truth, we become that essence.(Tanya, chapters 4–5.)
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