TODAY'S LAWS & CUSTOMS:
• TORAH READING: TEN COMMANDMENTS
The Torah reading for the 1st day of Shavuot is from Exodus 19-20, which recounts the giving of the Torah at Mount Sinai (see "Today in Jewish History") and includes the "Ten Commandments" proclaimed at Sinai that encapsulate the entire Torah.
Links:
The Shavuot Torah Readings
About the Ten Commandments
• CHILDREN IN SHUL
The Lubavitcher Rebbe urged that all children -- including infants --should be brought to the synagogue on the 1st day of Shavuot to hear the reading of the Ten Commandments in re-enactment of the Giving of the Torah at Sinai. Our sages relate that when G-d came to give the Torah to the people of Israel, He asked for a guarantee that that they will not forsake it. "The heaven and the earth shall be our guarantors," said the Jews, but G-d replied that "they will not last forever." "Our fathers will guarantee it," said the people, but G-d said that "they are busy." It was only when we promised that "our children will guarantee it" that G-d agreed, "These are excellent guarantors."
Link: Our Children, Our Selves
• BOOK OF RUTH
It is the custom in many communities to read the biblical Book of Ruth, which tells the story of Ruth, a Moabite princess--and ancestress of King David--who converted to Judaism.
Links:
Text of Book of Ruth and its connection to Shavuot
How Does One Convert to Judaism?
• DAIRY FOODS
It is customary to eat dairy foods on Shavuot. Traditional Shavuot dairy foods include cheesecake and blintzes.
Links
Why we eat dairy foods on Shavuot
Shavuot recipes
• MORE ON SHAVUOT
Visit our Shavuot megasite
TODAY IN JEWISH HISTORY:
• GIVING OF THE TORAH (1313 BCE)
On the 6th Sivan of the year 2448 from creation (1313 BCE), seven weeks after the Exodus, G-d revealed Himself on Mount Sinai. The entire people of Israel (600,000 heads of households and their families), as well as the souls of all future generations of Jews, heard G-d declare the first two of the Ten Commandments and witnessed G-d's communication of the other eight through Moses. Following the revelation, Moses ascended the mountain for 40 days, to receive the remainder of the Torah from G-d.
At Sinai, G-d rescinded the "decree" and "divide" (gezeirah) that had been in force since the 2nd day of creation separating the spiritual and the physical into two hermetic worlds; from this point on, "the higher realms could descend into the lower realms, and the lower could ascend to the higher." Thus was born the "mitzvah" -- a physical deed that, by virtue of the fact that it is commanded by G-d, brings G-dliness into the physical world.
Links: The Torah: an Anthology
The Giving of the Torah
• PASSING OF KING DAVID (837 BCE)
David, a descendent of Judah the son of Jacob as well as of Ruth, a Moabite convert to Judaism, was anointed King of Israel by Samuel in 878 BCE. All future legitimate kings of Israel were David's descendents, as will be Moshiach (the messiah), who will "restore the kingdom of David to its glory of old."
David fought many wars, defeating Israel's enemies and securing and expanding its borders. He conquered Jerusalem, purchased the Temple Mount from its Yebusite owner, and prepared the foundation for the Holy Temple (which was built by his son, King Solomon). David served as the head of the Sanhedrin and the foremost Torah authority of his generation; he is also the "sweet singer of Israel" who composed the Book of Psalms that for 28 centuries has embodied the joys, sorrows and yearnings of the Jewish people.
King David passed away on the 6th of Sivan of the year 837 BCE, age 70.
Links: King David
• COLOGNE JEWS MARTYRED (1096)
During the first crusade (see "Today in Jewish History" for Iyar 8), the Jews of Cologne, Germany chose to be killed rather than convert to Christianity. This was the case, during the first crusades, for many of the Jews who were given the choice between being killed or being baptized. Most of those who converted continued to practice Judaism in secrecy and, one year later, were permitted by Henry IV to openly return to Judaism.
• PASSING OF R. ISRAEL BAAL SHEM TOV (1760)
In 1734, Rabbi Israel Baal Shem Tov ("BeSHT", 1698-1760), who up until that time had lived as a hidden tzaddik, began to publicly disseminate his teachings. While adding nothing "new" to Judaism, he re-emphasized truths and doctrines that had been buried under the hardships of exile: the immense love that G-d has for every Jew, the cosmic significance of every mitzvah a person performs, the divine meaningfulness that resides in every blade of grass, in every event, and in every thought in the universe. He spoke to the downtrodden masses and to the aloof scholars, giving meaning to their existence, and thus joy, and thus life. Many disciples came to imbibe the "inner soul" of Torah from him, and the new movement came to be known as "Chassidism."
Rabbi Israel passed away on the 6th of Sivan of 1760, and was succeeded (one year later, on the first anniversary of his passing) by his disciple, Rabbi DovBer of Mezeritch.
Links: Rabbi Israel Baal Shem Tov
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Behaalotecha, 4th Portion Numbers 9:15-10:10 with Rashi
• Chapter 9
15. On the day the Mishkan was erected, the cloud covered the Mishkan, which was a tent for the Testimony, and at evening, there was over the Mishkan like an appearance of fire, [which remained] until morning. טו. וּבְיוֹם הָקִים אֶת הַמִּשְׁכָּן כִּסָּה הֶעָנָן אֶת הַמִּשְׁכָּן לְאֹהֶל הָעֵדֻת וּבָעֶרֶב יִהְיֶה עַל הַמִּשְׁכָּן כְּמַרְאֵה אֵשׁ עַד בֹּקֶר:
the Mishkan which was a tent for the Testimony: The Mishkan served as a tent over the tablets of the Testimony.
המשכן לאהל העדת: המשכן העשוי להיות אהל ללוחות העדות:
there was over the Mishkan: Heb. יִהְיֶה. In the sense of being continuously over the Mishkan. Such [is the meaning of] the expression in the entire passage.
יהיה על המשכן: כמו הווה על המשכן, וכן כל לשון הפרשה:
16. So it was always, the cloud covered it and there was an appearance of fire at night. טז. כֵּן יִהְיֶה תָמִיד הֶעָנָן יְכַסֶּנּוּ וּמַרְאֵה אֵשׁ לָיְלָה:
17. and according to the cloud's departure from over the Tent, and afterwards, the children of Israel would travel, and in the place where the cloud settled, there the children of Israel would encamp. יז. וּלְפִי הֵעָלוֹת הֶעָנָן מֵעַל הָאֹהֶל וְאַחֲרֵי כֵן יִסְעוּ בְּנֵי יִשְׂרָאֵל וּבִמְקוֹם אֲשֶׁר יִשְׁכָּן שָׁם הֶעָנָן שָׁם יַחֲנוּ בְּנֵי יִשְׂרָאֵל:
the cloud’s departure: הֵעָלוֹת. As the Targum renders, אִסְתַּלְּקוּת, departure. Similarly,“the cloud departed” (verse 21). It would have been incorrect to write, וּלְפִי עֲלוֹת הֶעָנָן [and in verse 21] וְעָלָה הֶעָנָן, for that would not be an expression denoting ‘departure’ but sprouting forth or ascending, as in,“Behold a cloud, small as a man’s palm, rising (עֹלָה) from the sea” (I Kings 18:44).
העלות הענן: כתרגומו אסתלקות, וכן ונעלה הענן. ולא יתכן לכתוב ולפי עלות הענן ועלה הענן, שאין זה לשון סלוק אלא צמוח ועלייה, כמו (מלכים א' יח, מד) והנה עב קטנה ככף איש עולה מים:
18. At the bidding of the Lord, the children of Israel traveled, and at the bidding of the Lord, they encamped. As long as the cloud hovered above the Mishkan, they encamped. יח. עַל פִּי יְהֹוָה יִסְעוּ בְּנֵי יִשְׂרָאֵל וְעַל פִּי יְהֹוָה יַחֲנוּ כָּל יְמֵי אֲשֶׁר יִשְׁכֹּן הֶעָנָן עַל הַמִּשְׁכָּן יַחֲנוּ:
At the bidding of the Lord…traveled: We learned in the [Baraitha] Melecheth HaMishkan [ch. 13]: When the Israelites traveled, the cloud would fold and spread itself over the tribe of Judah like a beam. They blew a tekiah (long blast), a teruah (series of short blasts), and another tekiah , but it did not move on until Moses declared, “Rise up, O Lord” (10:35), and then the banner of the camp of Judah would travel. This [appears] in the Sifrei. [35]
על פי ה' יסעו: שנינו במלאכת המשכן, כיון שהיו ישראל נוסעים היה עמוד הענן מתקפל ונמשך על גבי בני יהודה כמין קורה, תקעו והריעו ותקעו ולא היה מהלך עד שמשה אומר קומה ה', ונסע דגל מחנה יהודה, זו בספרי:
and at the bidding of the Lord they encamped: As soon as the Israelites encamped, the pillar of cloud would mushroom upward and spread itself over the tribe of Judah like a canopy. It would not depart until Moses declared, “Return O Lord, to the myriads of Israel’s thousands” (10:36). This is what is meant by,“according to the Lord’s word, through Moses” (verse 23). - [Melecheth HaMishkan ch. 13]
ועל פי ה' יחנו: כיון שהיו ישראל חונים, עמוד הענן מתמר ועולה ונמשך על גבי בני יהודה כמין סוכה, ולא היה נפרש עד שמשה אומר שובה ה' רבבות אלפי ישראל, הוי אומר על פי ה' וביד משה:
19. When the cloud lingered over the Mishkan for many days, the children of Israel kept the charge of the Lord and did not travel. יט. וּבְהַאֲרִיךְ הֶעָנָן עַל הַמִּשְׁכָּן יָמִים רַבִּים וְשָׁמְרוּ בְנֵי יִשְׂרָאֵל אֶת מִשְׁמֶרֶת יְהֹוָה וְלֹא יִסָּעוּ:
20. Sometimes, the cloud remained for several days above the Mishkan; at the Lord's bidding they traveled and at the Lord's bidding they encamped. כ. וְיֵשׁ אֲשֶׁר יִהְיֶה הֶעָנָן יָמִים מִסְפָּר עַל הַמִּשְׁכָּן עַל פִּי יְהֹוָה יַחֲנוּ וְעַל פִּי יְהֹוָה יִסָּעוּ:
Sometimes: Heb. וְיֵשׁ, lit., [and there is used in the sense of וּפְעָמִים]“and sometimes.”
ויש: כלומר ופעמים:
several days: Heb. יָמִים מִסְפָּר, lit., days of number, a few days.
ימים מספר: ימים מועטים:
21. Sometimes the cloud remained from evening until morning, and when the cloud departed in the morning, they traveled. Or, the cloud remained for a day and a night, and when the cloud departed, they traveled. כא. וְיֵשׁ אֲשֶׁר יִהְיֶה הֶעָנָן מֵעֶרֶב עַד בֹּקֶר וְנַעֲלָה הֶעָנָן בַּבֹּקֶר וְנָסָעוּ אוֹ יוֹמָם וָלַיְלָה וְנַעֲלָה הֶעָנָן וְנָסָעוּ:
22. Whether it was for two days, a month or a year, that the cloud lingered to hover over the Mishkan, the children of Israel would encamp and not travel, and when it departed, they traveled. כב. אוֹ יֹמַיִם אוֹ חֹדֶשׁ אוֹ יָמִים בְּהַאֲרִיךְ הֶעָנָן עַל הַמִּשְׁכָּן לִשְׁכֹּן עָלָיו יַחֲנוּ בְנֵי יִשְׂרָאֵל וְלֹא יִסָּעוּ וּבְהֵעָלֹתוֹ יִסָּעוּ:
or a year: Heb. יָמִים, a year, as in“Its [period of] redemption shall be a full year (יָמִים)” (Lev. 25:29).
או ימים: שנה, כמו (ויקרא כה, כט) ימים תהיה גאולתו:
23. At the Lord's bidding they would encamp, and at the Lord's bidding they would travel; they kept the charge of the Lord by the word of the Lord through Moses. כג. עַל פִּי יְהֹוָה יַחֲנוּ וְעַל פִּי יְהֹוָה יִסָּעוּ אֶת מִשְׁמֶרֶת יְהֹוָה שָׁמָרוּ עַל פִּי יְהֹוָה בְּיַד משֶׁה:
Chapter 10
1. The Lord spoke to Moses saying: א. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
2. Make yourself two silver trumpets; you shall make them [from a] beaten [form]; they shall be used by you to summon the congregation and to announce the departure of the camps. ב. עֲשֵׂה לְךָ שְׁתֵּי חֲצוֹצְרֹת כֶּסֶף מִקְשָׁה תַּעֲשֶׂה אֹתָם וְהָיוּ לְךָ לְמִקְרָא הָעֵדָה וּלְמַסַּע אֶת הַמַּחֲנוֹת:
Make yourself: So they should blow before you like a king, as it says, “There was a king among in Jerushun” [Deut. 33:5].
עשה לך: שיהיו תוקעין לפניך כמלך, כמו שנאמר (דברים לג, ה) ויהי בישורון מלך:
Make yourself: From your own resources.
עשה לך: משלך:
Make yourself: You make them and use them, but no one else. - [from Midrash Rabbah])
עשה לך: אתה עושה ומשתמש בהם ולא אחר:
To summon the congregation: When you wish to speak with the members of the Sanhedrin court and the rest of the people, and you summon them to gather before you, convene them with the trumpets.
למקרא העדה: כשתרצה לדבר עם הסנהדרין ושאר העם ותקראם לאסוף אליך, תקראם ע"י חצוצרות:
And to announce the departure of the camps: At the time the camps are due to depart, blow on them as a signal. It follows that they traveled at the behest of three-at God’s bidding, by the word of Moses and by the call of the trumpets.
ולמסע את המחנות: בשעת סלוק מסעות תתקעו בהם לסימן, נמצאת אתה אומר על פי שלשה היו נוסעים, על פי הקב"ה וע"פ משה ועל פי חצוצרות:
Beaten: It should be made out of a single block, by banging it with a hammer.
מקשה: מהעשת תעשה בהקשת הקורנס:
3. When they blow on them, the entire congregation shall assemble to you, at the entrance to the Tent of Meeting. ג. וְתָקְעוּ בָּהֵן וְנוֹעֲדוּ אֵלֶיךָ כָּל הָעֵדָה אֶל פֶּתַח אֹהֶל מוֹעֵד:
When they blow on them: With both of them; it is a signal for the congregation to assemble, as it says, “the entire congregation shall assemble to you, at the entrance to the Tent of Meeting.”
ותקעו בהן: בשתיהן והוא סימן למקרא העדה, שנאמר ונועדו אליך כל העדה אל פתח אהל מועד:
4. If they blow one of them, the princes, the leaders of Israel's thousands, shall convene to you. ד. וְאִם בְּאַחַת יִתְקָעוּ וְנוֹעֲדוּ אֵלֶיךָ הַנְּשִׂיאִים רָאשֵׁי אַלְפֵי יִשְׂרָאֵל:
If they blow one of them: It is a signal for the princes to assemble, as it says, “the princes…shall assemble to you.” Their meeting point was also at the entrance to the Tent of Meeting. This is derived by the Sifrei from the rule of inference.
ואם באחת יתקעו: הוא סימן למקרא הנשיאים, שנאמר ונועדו אליך הנשיאים. ואף הן יעידתן אל פתח אהל מועד. ומגזרה שוה הוא בא בספרי:
5. When you blow a teruah [a series of short blasts, the camps which are encamped to the east shall travel. ה. וּתְקַעְתֶּם תְּרוּעָה וְנָסְעוּ הַמַּחֲנוֹת הַחֹנִים קֵדְמָה:
When you blow a teruah: [a series of short blasts] The signal for the camps to travel was a tekiah , a teruah and a tekiah . The Sifrei derives this from redundant verses.
ותקעתם תרועה: סימן מסע המחנות תקיעה תרועה ותקיעה, כך הוא נדרש בספרי מן המקראות היתרים:
6. When you blow a second teruah, the camps encamped to the south shall travel; they shall blow a teruah for traveling. ו. וּתְקַעְתֶּם תְּרוּעָה שֵׁנִית וְנָסְעוּ הַמַּחֲנוֹת הַחֹנִים תֵּימָנָה תְּרוּעָה יִתְקְעוּ לְמַסְעֵיהֶם:
7. But when assembling the congregation, you shall blow a tekiah [long blast] but not a teruah. ז. וּבְהַקְהִיל אֶת הַקָּהָל תִּתְקְעוּ וְלֹא תָרִיעוּ:
But when assembling the congregation: Because it says, “they shall be used by you to summon the congregation and to announce the departure of the camps” (verse 2). Just as summoning the congregation is done by two priests, and with both trumpets as it says, “they shall blow with them”-so the traveling of the camps was with both of them. I might think that just as [with] the departure of the camps he blows a tekiah , teruah , tekiah , so when summoning the congregation he blows a tekiah , teruah , tekiah , and now there would be no difference between [the signal for] summoning the congregation and [the signal for initiating] the departure of the camps. Scripture therefore teaches, “But when assembling the congregation…” indicating that no teruah is blown to summon the congregation, and the same applies for [convening] the leaders. So there is a signal for all three: Summoning the congregation was with two, and [convening] the princes with one and neither of them included a teruah . Initiating the camps departure was with both-with a teruah and a tekiah .
ובהקהיל את הקהל וגו': לפי שהוא אומר והיו לך למקרא העדה ולמסע את המחנות מה מקרא העדה, תוקע בשני כהנים ובשתיהן, שנאמר ותקעו בהן וגו', אף מסע המחנות בשתיהן, יכול מה מסע המחנות תוקע ומריע ותוקע אף מקרא העדה תוקע ומריע ותוקע, ומעתה אין חילוק בין מקרא העדה למסע את המחנות, תלמוד לומר ובהקהיל את הקהל וגו', לימד שאין תרועה למקרא העדה והוא הדין לנשיאים. הרי סימן לשלשתם, מקרא העדה בשתים, ושל נשיאים באחת, וזו וזו אין בהם תרועה, ומסע המחנות בשתים ע"י תרועה ותקיעה:
8. The descendants of Aaron, the priests, shall blow the trumpets; this shall be an eternal statute for your generations. ח. וּבְנֵי אַהֲרֹן הַכֹּהֲנִים יִתְקְעוּ בַּחֲצֹצְרוֹת וְהָיוּ לָכֶם לְחֻקַּת עוֹלָם לְדֹרֹתֵיכֶם:
The descendants of Aaron…shall blow: For these summonings and journeyings.
ובני אהרן יתקעו: במקראות ובמסעות הללו:
9. If you go to war in your land against an adversary that oppresses you, you shall blow a teruah with the trumpets and be remembered before the Lord your God, and thus be saved from your enemies. ט. וְכִי תָבֹאוּ מִלְחָמָה בְּאַרְצְכֶם עַל הַצַּר הַצֹּרֵר אֶתְכֶם וַהֲרֵעֹתֶם בַּחֲצֹצְרֹת וְנִזְכַּרְתֶּם לִפְנֵי יְהֹוָה אֱלֹהֵיכֶם וְנוֹשַׁעְתֶּם מֵאֹיְבֵיכֶם:
10. On the days of your rejoicing, on your festivals and on your new-moon celebrations, you shall blow on the trumpets for your ascent-offerings and your peace sacrifices, and it shall be a remembrance before your God; I am the Lord your God. י. וּבְיוֹם שִׂמְחַתְכֶם וּבְמוֹעֲדֵיכֶם וּבְרָאשֵׁי חָדְשֵׁכֶם וּתְקַעְתֶּם בַּחֲצֹצְרֹת עַל עֹלֹתֵיכֶם וְעַל זִבְחֵי שַׁלְמֵיכֶם וְהָיוּ לָכֶם לְזִכָּרוֹן לִפְנֵי אֱלֹהֵיכֶם אֲנִי יְהֹוָה אֱלֹהֵיכֶם:
For your ascent-offerings: The verse speaks of communal offerings. - [from Sifrei]
על עלתיכם: בקרבן צבור הכתוב מדבר:
I am the Lord your God: From here we learn that [on the New Year Festival (Rosh HaShanah)] the verses proclaiming God’s kingship (מַלְכִיוֹת) [are recited] with [verses of] remembrances (זִכְרוֹנוֹת) and [verses] relating to the shofar (שׁוֹפְרוֹת), for it says,“You shall blow”-this refers to the שׁוֹפְרוֹת;“a remembrance”-this refers to זִכְרוֹנוֹת;“I am the Lord your God”-this refers to מַלְכִיוֹת. - [from Sifrei]
אני ה' אלהיכם: מכאן למדנו מלכיות עם זכרונות ושופרות, שנאמר ותקעתם הרי שופרות, לזכרון הרי זכרונות, אני ה' אלהיכם זה מלכיות וכו':
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Tehillim: Psalms Chapters 35 - 38
• Chapter 35
This psalm is an awe-inspiring and wondrous prayer about David's enemies-that they be as chaff before the wind, chased by the angel of God. It also declares that everything comes about through God's help.
1. By David. Fight my antagonists, O Lord, battle those who battle against me.
2. Take hold of shield and armor and arise to help me.
3. Draw a spear, and bar the way before my pursuers; say to my soul, "I am your deliverance.”
4. Let those who seek my life be shamed and disgraced; let those who devise my harm retreat and be humiliated.
5. Let them be as chaff before the wind; let the angel of the Lord thrust them away.
6. Let their path be dark and slippery; let them be chased by the angel of the Lord.
7. For without cause have they laid their nets in the pit for me; without cause have they dug [pits] for my soul.
8. Let darkness come upon him unawares; let the very snare that he hid trap him, in darkness he will fall in it.
9. And my soul shall exult in the Lord, rejoice in His deliverance.
10. My entire being shall declare: Lord, who is like You? Who saves the poor from one stronger than he, the poor and the destitute from one who would rob him.
11. Corrupt witnesses rise up [against me], they demand of me things of which I do not know.
12. They repay me evil for good, death for my soul.
13. But I wore sackcloth when they were ill; I afflicted my soul with fasting. Let my prayer return upon my own bosom.
14. As if it were my friend, my brother, I went about; like a mother in mourning, I was bent over in gloom.
15. But when I limped, they rejoiced and gathered; the lowly gathered against me-even those whom I do not know; they laugh and cannot be quiet.
16. With flattery and scorn, for the sake of a meal,1 they gnash their teeth at me.
17. My Lord, how long will You look on? Restore my life from their darkness; from young lions, my soul.
18. I will thank You in a great congregation, amidst a mighty nation I will praise You.
19. Let not those who hate me without cause rejoice over me; [let not] those who despise me without reason wink their eye.
20. For they speak not of peace, rather they scheme deceitful matters against the broken of the land.
21. They opened their mouths wide against me, they said, "Aha! Aha! Our eyes have seen [his misfortune].”
22. You saw, Lord, be not silent; my Lord, be not distant from me.
23. Rouse and awaken Yourself to my judgement, to my cause, my God and my Lord.
24. Judge me according to your righteousness, Lord my God; let them not rejoice over me.
25. Let them not say in their hearts, "Aha! We have our desire!" Let them not say, "We have swallowed him!”
26. Let them be shamed and disgraced together, those who rejoice at my trouble; let them be clothed in shame and humiliation, those who raise themselves arrogantly over me.
27. Let those who desire my vindication sing joyously and be glad; let them say always, "Let the Lord be exalted, Who desires the peace of His servant.”
28. My tongue will speak of Your righteousness, Your praise, all day long.
Chapter 36
This psalm is a message to those who follow their evil inclination, that tells them, "Do not place the fear of God before you," and brings them to sin by beautifying evil deeds in their eyes. For so is his way: "He descends (to earth) and corrupts, then goes up (to the Heavenly Court) and prosecutes."
1. For the Conductor, by the servant of the Lord, by David.
2. [I think] in my heart: Sin says to the wicked, "There is none [who need place] the fear of God before his eyes.”
3. For Sin makes itself appealing to him, until his iniquity be found and he is hated.
4. The speech of his mouth is evil and deceit; he fails to reason, to improve.
5. On his bed he contemplates evil, he stands in a path that is not good; he does not despise evil.
6. O Lord, Your kindness is in the heavens; Your faithfulness is till the skies.
7. Your righteousness is like the mighty mountains, Your judgements extend to the great deep; man and beast You deliver, O Lord.
8. How precious is Your kindness, O God; man takes shelter in the shadow of Your wings.
9. They will be filled by the abundance of Your house; from the stream of Your Eden, You will give them to drink.
10. For the source of life is with You; in Your Light do we see light.
11. Extend Your kindness to those who know You, and Your righteousness to the upright of heart.
12. Let not the foot of the arrogant overtake me; let not the hand of the wicked drive me away.
13. There1 the doers of evil fell, thrust down, unable to rise.
Chapter 37
King David exhorts his generation not to be jealous of the prosperity of the wicked, for it may lead to falling into their ways. Rather, put your trust in God, conduct yourselves with integrity, and God will take care of everything.
1. By David. Do not compete with the wicked; do not envy doers of injustice.
2. For like grass they will be swiftly cut down; like green vegetation they will wither.
3. Trust in the Lord and do good; then will you abide in the land and be nourished by faith.
4. Delight in the Lord, and He will grant you the desires of your heart.
5. Cast your needs upon the Lord; rely on Him, and He will take care.
6. He will reveal your righteousness like the light, your justness like the high noon.
7. Depend on the Lord and hope in Him. Compete not with the prosperous, with the man who invents evil schemes.
8. Let go of anger, abandon rage; do not compete with [one who intends] only to harm.
9. For the evildoers will be cut down; but those who hope in the Lord, they will inherit the earth.
10. For soon the wicked one will not be; you will gaze at his place and he will be gone.
11. But the humble shall inherit the earth, and delight in abundant peace.
12. The wicked one plots against the righteous, and gnashes his teeth at him.
13. My Lord laughs at him, for He sees that his day will come.
14. The wicked have drawn a sword and bent their bow to fell the poor and destitute, to slaughter those of upright ways.
15. But their sword shall enter their own hearts, and their bows shall break.
16. Better the little of the righteous, than the abundant wealth of the wicked.
17. For the strength of the wicked will be broken, but the Lord supports the righteous.
18. The Lord appreciates the days of the innocent; their inheritance will last forever.
19. They will not be shamed in times of calamity, and in days of famine they will be satisfied.
20. For the wicked shall perish, and the enemies of the Lord are as fattened sheep: consumed, consumed in smoke.
21. The wicked man borrows and does not repay; but the righteous man is gracious and gives.
22. For those blessed by Him will inherit the earth, and those cursed by Him will be cut off.
23. The steps of man are directed by God; He desires his way.
24. When he totters he shall not be thrown down, for the Lord supports his hand.
25. I have been a youth, I have also aged; yet I have not seen the righteous forsaken, nor his offspring begging bread.
26. All day he is kind and lends; his offspring are a blessing.
27. Turn away from evil and do good, and you will dwell [in peace] forever.
28. For the Lord loves justice, he will not abandon his pious ones-they are protected forever; but the offspring of the wicked are cut off.
29. The righteous shall inherit the earth and dwell upon it forever.
30. The mouth of the righteous one utters wisdom, and his tongue speaks justice.
31. The Torah of his God is in his heart; his steps shall not falter.
32. The wicked one watches for the righteous man, and seeks to kill him.
33. But the Lord will not abandon him in his hand, nor condemn him when he is judged.
34. Hope in the Lord and keep His way; then He will raise you high to inherit the earth. When the wicked are cut off, you shall see it.
35. I saw a powerful wicked man, well-rooted like a vibrant, native tree.
36. Yet he vanished, behold he was gone; I searched for him, but he could not be found.
37. Watch the innocent, and observe the upright, for the future of such a man is peace.
38. But sinners shall be destroyed together; the future of the wicked is cut off.
39. The deliverance of the righteous is from the Lord; He is their strength in time of distress.
40. The Lord helps them and delivers them; He delivers them from the wicked and saves them, because they have put their trust in Him.
Chapter 38
A prayer for every individual, bewailing the length of the exile. One who is in distress should recite this psalm, hence its introduction, "A psalm... to remind" (to remind us to recite it in times of distress). One can also derive many lessons from it.
1. A psalm by David, to remind.
2. O Lord, do not rebuke me in Your anger, nor chastise me in Your wrath.
3. For Your arrows have landed in me, Your hand descended upon me.
4. There is no soundness in my flesh because of Your rage, no peace in my bones because of my sin.
5. For my iniquities have flooded over my head; like a heavy load, they are too heavy for me.
6. My wounds are rotted; they reek because of my foolishness.
7. I am bent and extremely bowed; all day I go about in gloom.
8. My sides are inflamed; there is no soundness in my flesh.
9. I am weakened and extremely depressed; I howl from the moaning of my heart.
10. My Lord, all that I desire is before You; my sighing is not hidden from You.
11. My heart is engulfed, my strength has left me; the light of my eyes they, too, are not with me.
12. My friends and companions stand aloof from my affliction; my intimates stand afar.
13. The seekers of my life have laid traps; those who seek my harm speak destructiveness; they utter deceits all day long.
14. But I am like a deaf man, I do not hear; like a mute that does not open his mouth.
15. I was like a man that does not perceive, and in whose mouth there are no rebuttals.
16. Because for You, O Lord, I wait; You will answer, my Lord, my God.
17. For I said, "Lest they rejoice over me; when my foot falters they will gloat over me.”
18. For I am accustomed to limping, and my pain is constantly before me.
19. For I admit my iniquity; I worry because of my sin.
20. But my enemies abound with life; those who hate me without cause flourish.
21. Those who repay evil for good resent me for my pursuit of good.
22. Do not forsake me, O Lord; do not be distant from me, my God.
23. Hurry to my aid, O my Lord, my Salvation.
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Tanya: Shaar Hayichud Vehaemunah, Introduction
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, Sivan 6, 5774 • June 4, 2014
Shaar Hayichud Vehaemunah, Introduction
Chinuch Katan
(Introduction to Shaar HaYichud VehaEmunah)
The heading written by the Alter Rebbe reads as follows:
ליקוטי אמרים, חלק שני הנקרא בשם חינוך קטן מלוקט מפי ספרים ומפי סופרים קדושי עליון נ״ע מיוסד על פרשה ראשונה של קריאת שמע
Likutei Amarim (“A Compilation of Teachings”) Part Two [whose introduction hereunder is] entitled1 Chinuch Katan (“The Education of the Child”)
Compiled from sacred books and from teachers of heavenly saintliness, whose souls are in Eden;
This mention of his sources echoes the words of the Alter Rebbe in the title page to Part One of Tanya. The Previous Rebbe, the Rebbe Rayatz, of blessed memory, notes in one of his talks that “books” here traditionally refers to the works of the Maharal and the Shelah, and “teachers”, to the Baal Shem Tov and the Maggid of Mezritch.
based on the first paragraph2 of the Recitation of the Shema:3
This first paragraph contains both the verse beginning4 Shema Yisrael and the sentence beginning5 Baruch shem. As explained in the Zohar,6 these quotations refer respectively to yichuda ila‘ah (the higher level of perception of G d’s Unity) and yichuda tata’ah (the lower level of perception of G d’s Unity). It is around this theme that Part Two of Tanya revolves.
* * *
חנוך לנער על פי דרכו, גם כי יזקין לא יסור ממנה
7“Educate the child according to his way: even as he grows old he will not depart from it.”
הנה מדכתיב: על פי דרכו, משמע שאינה דרך האמת לאמיתו
Since the verse writes “according to his way,” this implies that it is not the path of perfect truth, but merely a path to be followed by the child;
ואם כן מאי מעליותא שגם כי יזקין לא יסור ממנה
hence of what merit is it that “even as he grows old he will not depart from it”?
Indeed, it would seem that the very opposite should be the case: when the child matures he should forsake his childish path in favor of the path of truth. What possible merit could there be in not departing from it?
אך הנה מודעת זאת כי שרשי עבודת ה׳ ויסודותיה הן דחילו ורחימו
Now it is well known that the awe (lit., “fear”) and the love of G d are the roots and foundations8 of divine service.
The performance of Torah and mitzvot in thought, speech and deed is rooted in and founded upon one’s love and fear of G d. The awe of G d enables the Jew to properly observe the prohibitive commandments, while the love of Him makes it possible for the Jew to perform the positive commandments with inner feeling,9 as the Alter Rebbe now goes on to explain.
היראה שרש ויסוד לסור מרע
Awe is the root and fundament of [what constrains one to]10 “refrain from evil,” ensuring that one will not transgress the prohibitive commandments,11
והאהבה לועשה טוב, וקיום כל מצוות עשה דאורייתא ודרבנן
and the love of G d [is the root and fundament] of [what motivates one to]12 “do good,” and to observe all the positive commandments of the Torah and the Sages,
כמו שיתבאר במקומן
as will be explained in their proper place.
“As will be explained in their proper place” refers to chs. 4 and 41 in the first part of Tanya. This reference, as the Rebbe points out, corroborates the tradition handed down by chassidim that the Alter Rebbe originally intended to reverse the current order, with this second part of Tanya appearing first, as Part I, and the fifty-three chapters of the first part becoming Part II.
ומצות החינוך היא גם כן במצוות עשה, כמו שכתוב באורח חיים, סימן שמ״ג
(13The commandment of educating [a child] includes also [training in the performance of] positive precepts, as is stated in Orach Chayim, Section 343.)
Since a child is to be educated to observe both prohibitive and positive commandments, it follows that his love of G d, as the root and fundament of all positive commands,14 must be such that it serves as the springboard for all the positive commandments that are performed as a result of education. We must therefore say that there exists an inferior and transient degree of love that serves as the root and foundation for those mitzvot that are performed as a result of education, a degree of love distinct from the superior level that motivates an adult. Nevertheless, as shall soon be explained, this lower level of love, too — a love which is “according to the child’s way” — possesses certain permanent qualities that make it desirable that “even as he grows old he will not (and indeed should not) depart from it.”
והנה באהבה כתיב, בסוף פרשת עקב: אשר אנכי מצוה אתכם לעשותה, לאהבה את ה׳ וגו׳
Concerning the love [of G d] it is written at the end of the portion Eikev,15 “...which I command you to do — to love G d...”
וצריך להבין איך שייך לשון עשיה גבי אהבה שבלב
It is necessary to understand how an expression of “doing” can be applied to love, which is [an emotion] in the heart.
The Alter Rebbe now proceeds to resolve this seeming anomaly. (First, however, he describes the superior degree of love that cannot be created: one can merely provide the conditions for its revelation.) As to the above anomaly, he now explains that there exists a manner of love that is indeed created — by meditating upon those concepts that arouse it. An active verb such as “doing” suits this manner of love, since it is experienced as a result of one’s own doing.
אך הענין הוא, דיש שני מיני אהבת ה׳
The explanation, however, is that there are two kinds of love of G d:
האחת היא כלות הנפש בטבעה אל בוראה
One is the natural, yearning love of the soul to its Creator.
Since this love is intrinsic to the soul, which is “truly a part of G d above,” this love need not — and indeed cannot — be created at all. It merely needs to be revealed. But how can such a passionate yearning become revealed in one’s corporeal, fleshly heart?
כאשר תתגבר נפש השכלית על החומר, ותשפילהו ותכניעהו תחתיה
When the rational soul prevails over the grossness [of the body] and subdues and subjugates it,
Here the Divinely-appointed task of the G dly soul comes to the fore: to rectify the animal soul and refine the body by means of the rational soul’s comprehension of G dliness. For the G dly soul’s own intellect and comprehension are too lofty to affect the body. The rational soul, however, embodies man’s natural quality of intellect and as such is close to the physical body. The rational soul comprehends G dliness in such a manner that it is able to cause Form to master Matter — to overmaster the body and harness its corporeality. When it actually does so:
אזי תתלהב ותתלהט בשלהבת העולה מאליה
then [the soul] will flare and blaze with a flame that ascends of its own accord,
It will be aflame not with a love created through contemplation, but with a natural love whose revelation was barred by the grossness of the body. Now, with the mastery and refinement of the body, the soul’s innate love for G d can at last be revealed.
ותגל ותשמח בה׳ עושה, ותתענג על ה׳ תענוג נפלא
and [the soul] will rejoice and exult both inwardly and outwardly in G d its Maker, and will delight in Him with wondrous bliss.
In this instance the delight is part of the love and the divine service itself, rather than a reward for the divine service, as is sometimes the case.
והזוכים למעלת אהבה רבה זו, הם הנקראים צדיקים
It is those who merit the [joyous] state of this great love who are called tzaddikim,
כדכתיב: שמחו צדיקים בה׳
as it is written,16 “Rejoice in G d, you tzaddikim.”
To serve G d with delight of this order is the privilege of tzaddikim alone. For though the above-described love emanates from the G dly soul which is possessed by every single Jew, for which reason one would expect everyone to be able to feel it, it is nevertheless not experienced by all. The reason for this — as the Alter Rebbe goes on to explain — is that one’s physical grossness impedes its revelation. And clearing this hurdle demands prodigious effort.
אך לא כל אדם זוכה לזה
Yet not everyone is privileged to attain this state of love which characterizes tzaddikim,
כי לזה צריך זיכוך החומר במאד מאד, וגם תורה ומעשים טובים הרבה
for it requires an intense refinement of one’s physical grossness, and in addition a great deal of Torah study and good deeds,
לזכות לנשמה עליונה
in order to merit a lofty [soul-level of] Neshamah,
This is the soul-level whose divine service is intellective; as the verse states,17 “The Divine Neshamah shall provide discernment.” Only this manner of divine service can subjugate and refine man’s gross corporeality so that he is able to delight in G d with wondrous bliss.
שלמעלה ממדרגת רוח ונפש
which is superior to the level of Ruach (the soul-level at which one’s divine service focusses on one’s emotional attributes) and Nefesh (the soul-level at which one fulfills the mitzvot out of an acceptance of the Heavenly Yoke),
כמו שכתוב בראשית חכמה, שער האהבה
as explained in Reishit Chochmah, Shaar HaAhavah.
There the author explains how the above level of love is specifically related to the soul-level of Neshamah.
In sum, it is clear that this love cannot be “created” by man. He can only enable it to be revealed within him by refining himself — but to such an extraordinary degree that it is not attainable by all.
והשנית היא אהבה שכל אדם יוכל להגיע אליה, כשיתבונן היטב בעומקא דלבא
The second [level] is a love which every man can attain when he meditates earnestly, so that its echo resounds in the depths of his heart,
בדברים המעוררים את האהבה לה׳ בלב כל ישראל
on matters that arouse the love of G d in the heart of every Jew,
הן דרך כלל: כי הוא חיינו ממש, וכאשר האדם אוהב את נפשו וחייו, כן יאהב את ה׳, כאשר יתבונן וישים אל לבו כי ה׳ הוא נפשו האמיתית וחייו ממש
whether [he meditates] in a general way — how He is our very life,18 and just as one loves his soul and his life, so will he love G d when he meditates and reflects in his heart that G d is his true soul and actual life,
כמו שכתוב בזהר על פסוק: נפשי אויתיך וגו׳
as the Zohar19 comments on the verse,20 “[You are] my soul: I desire you,”
The Zohar explains that since G d is the Jew’s soul and thus his true life, the Jew loves and desires Him.21
והן דרך פרט, כשיבין וישכיל בגדולתו של מלך מלכי המלכים, הקב״ה, דרך פרטית
or whether [he meditates] in a particular way,22 when he will understand and comprehend in detail the greatness of the King of kings, the Holy One, blessed be He,
For example, he may reflect on the manner in which G d fills all worlds and encompasses all worlds, and on how all creatures are as naught before Him.
כאשר יוכל שאת בשכלו, ומה שלמעלה משכלו
to the extent that his intellect can grasp, and even beyond.
These two phrases refer respectively to concepts that are within the reach of “positive knowledge,” and to truths that lie beyond it and are perceptible only through “negative knowledge”; i.e., though one may not understand such a thing itself, he may understand how it is not subject to the restrictions of a lesser order.
In terms of comprehending G dliness this means to say, that one will at least understand that those levels of G dliness that are beyond the range of his intellect are not subject to the limitations inherent within created and emanated worlds and beings. This “negative knowledge” — in the Alter Rebbe’s words, “even beyond” — is also considered to be a quasi state of comprehension.
ואחר כך יתבונן באהבת ה׳ הגדולה ונפלאה אלינו
Then, following his meditation “in a particular way,” he will contemplate G d’s great and wondrous love to us, a love that led Him*—
לירד למצרים, ערות האר׳, להוציא נשמותינו מכור הברזל, שהוא הסטרא אחרא, רחמנא לצלן
to descend even to Egypt, the23 “obscenity of the earth,” to bring our souls out of the24 “iron crucible” into which the Jewish people had then descended, which is the sitra achra (may the All-Merciful spare us),
לקרבנו אליו ולדבקנו בשמו ממש, והוא ושמו אחד
to bring us close to Him and to bind us to His very Name — and He and His Name are One, so that by being bound to His Name we were bound to G d Himself;
דהיינו: שרוממנו מתכלית השפלות והטומאה לתכלית הקדושה, וגדולתו יתברך שאין לה ק׳ ותכלית
that is to say, He elevated us from the nadir of degradation and defilement to the acme of holiness and to His infinite and boundless greatness.25
When one has meditated in detail upon G d’s greatness and His tremendous love for the Jewish people:
אזי כמים הפנים לפנים
Then,26 “As in water, face reflects face, [so does the heart of man to man,]”
Just as one person’s love for another awakens a loving response in the other’s heart, so, too, our contemplation of the ways in which G d has manifested His love towards us will inspire within us a love for Him,
תתעורר האהבה בלב כל משכיל ומתבונן בענין זה בעומקא דלבא
and love will be aroused in the heart of everyone who contemplates and meditates upon this matter in the depths of his heart,
לאהוב את ה׳ אהבה עזה, ולדבקה בו בלב ונפש, כמו שיתבאר במקומה באריכות
to love G d with an intense love and to cleave unto Him, heart and soul, as will be explained at length in its place.27
* * *
והנה ענין אהבה זו רצה משה רבנו עליו השלום ליטע בלב כל ישראל, בפרשה: ועתה ישראל וגו׳
It is this love — this latter manner of love, which may be generated by contemplation — that Moses, our teacher, peace unto him, wished to implant in the heart of every Jew, in the passage,28 “And now, Israel,...”
בפסוק: הן לה׳ אלקיך השמים וגו׳
in the verse that speaks of G d’s greatness, “Behold, the heavens belong to G d, your L rd...” and likewise in the following verses that speak of G d’s love for His people:
רק באבותיך חשק וגו׳, ומלתם וגו׳, בשבעים נפש וגו׳
“Only in your fathers did He delight... You shall circumcise.... With seventy souls [did your forefathers descend to Egypt, and now He has made you as numerous as the stars of heaven].”
All the above inevitably leads to the first verse in the following chapter, namely:
ואהבת וגו׳
29“You shall love [the L rd your G d...].”
ולכן סיים דבריו על אהבה זו: אשר אנכי מצוה אתכם לעשותה
Hence [Moshe Rabbeinu] concluded his words in the later verse quoted above concerning this love,30 “... which I command you to do,”
Here, then, is the answer to the above query as to how it is possible to “do” or to create the spiritual emotion of love:
שהיא אהבה עשויה בלב, על ידי הבינה והדעת בדברים המעוררים את האהבה
for this is a love that is produced in the heart through the understanding and self-involving knowledge of matters that inspire love.
But if the verse is in fact referring to the kind of love that is created through contemplation, should it not first command one to contemplate? Indeed so, the Alter Rebbe now goes on to say:
ועל זה צוה כבר תחלה: והיו הדברים האלה אשר אנכי מצוך היום על לבבך
And this he had commanded previously, in the first paragraph of Shema:31 “And these words, which I command you this day, shall be upon your heart,”
כדי שעל ידי זה תבא לאהבה את ה׳, כדאיתא בספרי על פסוק זה
so that through this [meditation] you will come to love G d, as is stated in the Sifri on this verse.32
והנה על אהבה זו השנית, שייך לשון מצוה וצווי
An expression of command (“which I command you to do — to love”) can thus be applied to this second type of intellectually-generated love,
It might seem that to command a person to experience love would be either fruitless or superfluous. Not so, however, with regard to the kind of love that is born of contemplation. Here, one can indeed be given a command:
דהיינו: לשום לבו ודעתו בדברים המעוררים את האהבה
namely, to focus one’s heart and mind on matters that arouse love.
אבל באהבה ראשונה, שהיא שלהבת העולה מאליה, לא שייך לשון צווי ומצוה כלל
But an expression of command is not at all applicable to the first kind of love, which is a flame that ascends of its own accord.
ולא עוד, אלא שהיא מתן שכרם של צדיקים, לטעום מעין עולם הבא בעולם הזה
Furthermore, it is the reward of the tzaddikim, to savor a foretaste of the World to Come in this world.
In the World to Come the righteous bask in the rays of the Divine Presence: they delight in their perception of G dliness. And it is this delight that tzaddikim enjoy in this world when they serve G d with love.
שעליה נאמר: עבודת מתנה אתן את כהונתכם, כמו שיתבאר במקומה
Concerning this [level of love] it is written,33 “I have granted [you] your priesthood as a Divine service which is a gift,” as will be explained in its proper place, namely, where the Divinely-bestowed gift of ahavah betaanugim is discussed.
* * *
The Alter Rebbe now goes on to explain what special quality lies in the lesser manner of service of “educating the child according to his way,” so that “even when he grows [spiritually] older he will not depart from it.” It is true that the lower level of love, that which is engendered by meditation, is a stage in one’s educational preparation, so to speak. Compared with the loftier level of essential and constant love that is revealed only within tzaddikim, it is a child’s service, within the reach of all. Yet there is something in it that must be retained even when one has graduated to the “adult” manner of love of G d.
For it is possible that the superior kind of love will not always be manifest even when one is on the level of a tzaddik. Particularly so, since his mandatory advances from level to level demand that before reaching a higher rung he must first release his hold of the previous rung; otherwise, it will encumber his ascent.
When the tzaddik is bereft of his own level of love, he then nourishes his divine service with a resource that harks back to his spiritual childhood — with a love born of meditation, the lower level of love in which he was schooled before he attained the state of tzaddik.
אך הנה ידוע ליודעים טעמא דקרא, מאי דכתיב: כי שבע יפול צדיק וקם
Now, those who are familiar with the esoteric meaning of Scripture know the meaning of the verse,34 “For a tzaddik may fall seven times, and yet rises again.”
Even a tzaddik can (as it were) fall from his level and then regain his stature. There thus exists a certain interval of time during which he does not maintain his higher level of love for G d.ובפרט שהאדם נקרא מהלך, ולא עומד
Especially so, since the conditions of spiritual service dictate that at given times he will not maintain his level, for man is called “mobile” and not “static”,
This phrase not only means that man is obliged to be ever reaching for ever greater heights; it means, moreover, that his newly-attained level is infinitely more elevated than his previous level.
When one is constantly on the same level, or even when one advances in finite stages from one comparable level to the next, there is no need to abandon one’s former level before establishing one’s foothold on the next; on the contrary, one’s former position may well help one to take the next step upward. When one is truly mobile, however, climbing from one level to an infinitely higher one, his previous level — which is finite compared to the level he is about to attain — actually hinders his progress. Indeed, if he aspires to mature to a more exalted spiritual mindset, he must first purge himself of his previous one.35
וצריך לילך ממדרגה למדרגה, ולא לעמוד במדרגה אחת לעולם
and must therefore advance from one level to another infinitely higher level, and not remain forever at one level.
For if his new level is merely within range of the first, he is essentially fixated at the same level.
ובין מדרגה למדרגה, טרם שיגיע למדרגה עליונה ממנה, הוא בבחינת נפילה ממדרגתו הראשונה
Between one level and the next, before he can reach the higher one, he is in a state of decline from his previous level, and thus he lacks the superior level of love in which he is accustomed to delight.
אך: כי יפול לא יוטל, כתיב
Yet, it is written,36 “Though he falls, he shall not be utterly cast down” from his spiritual service and from his love for G d.
ואינה נקראת נפילה אלא לגבי מדריגתו הראשונה, ולא לגבי שאר כל אדם, חס ושלום
This is considered a decline only relative to his former state, and not (G d forbid) relative to all other men; he is most assuredly loftier than those who have not attained the level of tzaddik,
שאף על פי כן הוא למעלה מכל האדם בעבודתו, כי נשאר בה בחינת רשימו ממדריגתו הראשונה
for notwithstanding his fall he still surpasses them in his divine service, inasmuch as it retains an impression of his former level.
אך עיקרה: מאהבה שנתחנך והורגל בה מנעוריו, בטרם שהגיע למדרגת צדיק
For the mainstay of his service while he is in this fallen state is the love of G d in which he had been educated and trained from his youth, before he attained the level of tzaddik, with its higher reaches in the love of G d.
Just as then his love of G d was born of contemplation, so too now, this lower level of love is the root of his divine service.
וזהו שכתוב: גם כי יזקין וגו׳
This, then, is what is meant by saying that “even as he grows old [he will not depart from it],” from the path of his youth.
Not “when he is old” but “as he grows old.” This implies an ongoing, lifelong climb from level to level. Yet even when he has risen to the dizziest heights of love for G d, he will yet have occasion to revert to the path of his youth — to the lower, more measured level of love that is born of meditation.
* * *
והנה ראשית הדברים המעוררים האהבה והיראה, ויסודן, היא האמונה הטהורה ונאמנה ביחודו ואחדותו, יתברך ויתעלה
First among the factors that arouse love and fear, and their foundation, is a pure and faithful belief in the Unity and Oneness of G d, may He be blessed and exalted. (“Oneness” here means that all of creation is united with G d and utterly nullified to Him.)
That is to say, pure faith in G d’s Unity is the starting-point and foundation of one’s meditation on yichuda ila‘ah (“higher-level Unity”) and yichuda tata’ah (“lower-level Unity”), and this meditation in turn leads to the love and fear of Him.
There are truths that transcend intellect and that can be perceived only through faith. At the same time, utilizing faith for something that can be comprehended is making use of the wrong faculty: intellect must grasp that which is within the reach of intellect, and faith must be used to apprehend that which transcends intellect. When within belief there is a mingling of the rational and the superrational — when truths that are accessible to comprehension are confused with things that defy comprehension — such belief is not “pure”, for pure belief deals only with that which transcends rationality. It is only when one utilizes his intellect to comprehend all that is subject to comprehension and his power of faith is then utilized solely for that which defies intellect, that such faith can then be deemed “pure faith.”
Since both categories are represented in the subject of G d’s Unity and Oneness, it becomes necessary to explain those aspects of the subject that are capable of being comprehended so that one’s faith will be “pure” — relating only to those matters that entirely transcend comprehension.
FOOTNOTES
1. The twelve chapters of the work proper — Likutei Amarim, Part Two — are known as Shaar HaYichud VehaEmunah (“The Gate to [the Understanding of] G d’s Unity and the Faith”).
2. Devarim 6:4-9.
3. Note of the Rebbe: “It should be mentioned that at the conclusion of Pelach HaRimon, Vol. I (Kehot, N.Y., 5714) there are glosses to this by R. Hillel of Paritch. References are to be found in Or HaTorah of the Tzemach Tzedek (on Chanukkah).”
4. Devarim 6:4.
5. Pesachim 56a.
6. I, 18b.
7. Mishlei 22:6.
8. The Rebbe here distinguishes between these two terms, as follows. “Roots” refers to the original source from which one’s divine service ultimately emanates; “foundations” suggests the ongoing support of one’s present service (recalling the foundations upon which a building actually stands).
The Rebbe goes on to remark that this distinction is reflected in ch. 4 of the first part of Tanya: “from [the love of G d the positive commands] issue forth, and without it they have no true (i.e., enduring) substance.”
9. Note of the Rebbe: “As above, ch. 4 [of Part I].”
10.Tehillim 34:15.
11.The Rebbe raises the question why the Alter Rebbe does not add the expression “all prohibitive commandments” as he soon does with regard to positive commandments — “all the positive commandments.” In explanation, the Rebbe suggests that perhaps a word was inadvertently omitted, and the text below should read, “all positive and prohibitive commandments of the Torah,” thereby alluding both to the love and to the awe of G d as the root and foundation of all commandments, both positive and prohibitive.
12.Tehillim, loc. cit.
13.Parentheses are in the original text.
14.Note of the Rebbe: “In addition to the fact that love itself and likewise awe are individual positive commandments [in and of themselves].”
15.Devarim 11:22.
16.Tehillim 97:12.
17.Iyov 32:8.
18.Note of the Rebbe: “As explained above, ch. 44 [of Part I].”
19.Part III, 67a, 68a.
20.Yeshayahu 26:9.
21.The Rebbe notes that the Alter Rebbe terms this a “general way” in meditation, because its subject — life and the love of life — is by nature universal, with no great differences in the degree of love or in the details of the meditation.
22.Note of the Rebbe: “As explained above, ch. 46 [of Part I].”
23.Bereishit 24:9; see Yalkut Shimoni, ad loc., and Kohelet Rabbah 1:4.
24.Devarim 4:20.
25.Note of the Rebbe: “And the more he knows in specific detail the infinite gap [between himself and G d] etc., the greater will be his love [for Him]. See ch. 46 [of Part I].”
26.Mishlei 27:19.
27.A reference to Tanya, Part I, chs. 46-49, where this manner of love (“face reflecting face”) is discussed at length.
28.Devarim 10:12, 14, 15, 16, 22.
29.Ibid. 11:1.
30.Ibid., v. 22.
31.Ibid. 6:6.
32.The Rebbe notes that the above enables us to understand a related statement of the Sifri that is otherwise baffling. The Sifri states that the verse that teaches that “you shall love the L rd your G d with all your heart” does not explain how G d is to be loved; the verse therefore goes on to tell us that “these words...shall be upon your heart,” for “thereby you come to know G d and cleave to His ways.”
The question here is obvious: How does “upon your heart” give a better explanation of how G d is to be loved than “with all your heart”?
According to the above explanation of the Alter Rebbe, however, the Sifri is thoroughly understandable: “upon your heart” refers to the kind of meditation that inevitably leads to the fulfillment of the commandment to “love the L- rd your G d with all your heart.”
33.Bamidbar 18:7.
34.Mishlei 24:16.
35.Note of the Rebbe: “Similar to R. Zeira, who fasted in order to forget the Babylonian Talmud [as a prerequisite to his attaining mastery of the spiritually more elevated Jerusalem Talmud]” (cf. Bava Metzia 85a).
36.Tehillim 37:24.
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Wednesday, Sivan 6, 5774 • June 4, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work
Positive Commandment 138
The Return of Hereditary Property during the Jubilee Year
"Throughout the land of your possession, you shall give redemption for the land"—Leviticus 25:24.
During the Jubilee Year, all acquired land must be returned – free of charge – to its original owner, as explained in the Torah.
This mitzvah applies only to real estate that is not within a walled city, and 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.
The Return of Hereditary Property during the Jubilee Year
Positive Commandment 138
Translated by Berel Bell
The 138th mitzvah is that we are commanded in this [Jubilee] Year to return all property which has been purchased to its original owners. It is released from the buyer's possession without payment.
The source of this mitzvah is G‑d's statement,1 "[Since the land is Mine, no land shall be sold permanently. You are foreigners and resident aliens as far as I am concerned,] and therefore, there shall be a time of redemption for all your hereditary lands." It is specifically explained for us that the redemption takes place in this particular year in G‑d's statement,2 "In this Jubilee Year, every man shall return to his hereditary property."
Scripture goes into the various details of this mitzvah and explains how the seller settles with the buyer if, before the Jubilee Year, he wants to repurchase the land he sold. It is also explained that this mitzvah applies only to land which is outside the wall of the city.3 Courtyards and houses built in villages are treated like fields and gardens since they were not built within walls.4 They are the batei hachatzerim referred to in the verse,5 "[Batei hachatzerim that do not have walls around them] shall be considered the same as open land; they shall thus be redeemable, and shall be released by the Jubilee."6
The details of this mitzvah are explained in tractate Erachin.7
It too applies only in Eretz Yisrael and only when the Jubilee Year is in effect.
FOOTNOTES
1.Lev. 25:24.
2.Ibid., 25:13.
3.Houses which are built within walled cities are governed by P139.
4.And they are therefore also governed by this mitzvah.
5.Lev. 25:31.
6.Since they are mentioned in a separate verse, one might think that batei hechatzerim constitute a separate mitzvah. The Rambam explains here that batei hachatzerim are included in this mitzvah, and that they are not counted separately. There are only two categories: houses within a wall and everything else.
7.29b.
________________________________________
Negative Commandment 227
Selling Land in Israel for Perpetuity
"The land shall not be sold forever"—Leviticus 25:23.
It is forbidden to sell real estate in the Land of Israel for perpetuity. [Instead, land must be sold with the understanding that it will return to its original owner during the Jubilee Year.]
Selling Land in Israel for Perpetuity
Negative Commandment 227
Translated by Berel Bell
The 227th prohibition is that we are forbidden from permanently selling land in Eretz Canaan.1
The source of this mitzvah is G‑d's statement,2 "And no land shall be sold permanently."
The details of this mitzvah are explained in the end of tractate Erachin.3
FOOTNOTES
1.I.e. Eretz Yisrael. In Hilchos Shemittah V'Yovel 11:1, the Rambam rules that even if one violates this prohibition and sells the land, the transaction has no legal value and the land remains in the possession of the previous owner. Both the buyer and the seller nevertheless transgress this prohibition.
2.Lev. 25:23.
3.29ff.
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Positive Commandment 139
Redeeming Property in Walled Cities
"And if a man sells a dwelling house in a walled city..."—Leviticus 25:29.
Properties within a walled city in the Land of Israel [walled since the times of Joshua] can be redeemed (i.e. repurchased) by the seller for an entire year following the sale. If the seller did not redeem the property within that window of time, the sold property remains permanently in the property of the buyer—it does not revert to the seller during the Jubilee Year.
Redeeming Property in Walled Cities
Positive Commandment 139
Translated by Berel Bell
The 139th mitzvah is that we are commanded that if one has possessions1 which are located within the walls of a city and they were sold, one has the right to redeem them only for one year. After the year has passed, the buyer becomes the full owner, and remains so even after the Jubilee Year.
The source of this mitzvah is G‑d's statement,2 "When a man sells a residential house in a walled city [he shall be able to redeem it until the end of one year after he has sold it]."
This mitzvah is known as "the law of batei arei chomah."
The details of this mitzvah are explained in tractate Erachin.3 It applies only in Eretz Yisrael.
FOOTNOTES
1.This includes houses and their adjacent land. Other fields, even if they are within the city's wall, are included in P138 above. See Rambam, ibid., 12:11.
2.Lev. 25:29.
3.31a.
________________________________________
Rambam:
• 1 Chapter: Zechiyah uMattanah Zechiyah uMattanah - Chapter Eight Zechiyah uMattanah - Chapter Eight
Halacha 1
A blind, lame or handless person, and similarly, one who feels pain in his head, his eye, his hand, his foot or the like, is considered to be a healthy person with regard to all matters that concern his purchases, his sales or gifts that he gives.
Halacha 2
However, when a person becomes ill to the extent that he feels weak throughout his entire body - indeed, because of his illness, his strength has dwindled to the extent that he cannot walk on his feet in the market place, and he is confined to his bed - he is referred to as a sh'chiv me'ra. The laws applying to his gifts differ from those applying to the gifts given by a healthy person.
What is implied? When a sh'chiv me'ra gives orders and says: "Give so and so such and such, and so and so such and such" the intended recipients acquire all the property apportioned to them when the sick person dies. This applies whether he issued his instructions during the week or on the Sabbath, and whether or not a written record was drawn up.
Nor must his instructions be confirmed by a kinyan for the statements of a sh'chiv me'ra are considered as if they have been written down, and transferred. This is a Rabbinic decree. Nevertheless, although it is only a Rabbinic decree, our Sages conveyed upon this convention the power of Scriptural Law, so that a dying person will not become exasperated, knowing that his words are of no consequence.
Halacha 3
Accordingly, if the dying man says: "Confirm my statements with a kinyan" we confirm his statements even on the Sabbath. For this kinyan is unnecessary.
Halacha 4
When apportioning his property, a sh'chiv me'ra does not have to say: "You are my witnesses." Instead, whoever hears his statements may serve as a witness. The rationale is that a person does not speak facetiously at the time of his death.
Halacha 5
When a sh'chiv me'ra orders that a gift be given to a fetus in its mother's womb, the fetus acquires the property. The rationale is that a person has unique feelings of closeness toward his son, as we have explained.
Halacha 6
When a sh'chiv me'ra says: "If my wife gives birth to a boy he should receive a maneh, but if she gives birth to a girl she should receive 200 zuz," if she gives birth to a boy, he receives a maneh, and if she gives birth to a girl, she receives 200 zuz.
If she gives birth to both a boy and a girl, the boy receives a maneh, and the girl, 200 zuz. If she gives birth to a tumtum or an androgynous, that child should be given the lesser of the two amounts.
Halacha 7
The following rule applies when a sh'chiv me'ra is asked: "To whom should your property be given?" and he replies: "I thought that I had a son or that my wife is pregnant; now that I know that I do not have a son and my wife is not pregnant, my property should be given to so and so." If it is discovered that in fact he had a son or his wife was pregnant - even if afterwards the wife miscarried or the son died - the gift is not binding.
Halacha 8
Ownership of a gift given by a sh'chiv me'ra is not transferred until after the death of the sh'chiv me'ra. No one acquires any of the landed property or movable property apportioned to him until after the death of the sh'chiv me'ra.
Halacha 9. For this reason, we expropriate money to pay the ketubah, and the living expenses for the deceased's wife and his daughters from the property that the sh'chiv me'ra apportioned to the intended recipients.
The rationale is that with his death, his estate became obligated to pay his wife the money due her by virtue of her ketubah and her living expenses, and the recipients of the gifts did not acquire what was given to them until after the death of the sh'chiv me'ra.
Halacha 10
When a document recording a gift given by a sh'chiv me'ra mentions a kinyan - whether it involves a portion of the deceased's estate or his entire estate - there are doubts about the matter. Perhaps he did not make up his mind to transfer ownership except via a legal document. In such an instance, the gift would not be effective. For a gift given by a sh'chiv me'ra takes effect only after the principal's death, and a legal document cannot transfer property after the principal's death.
Halacha 11
If, however, the kinyan was made solely to augment the legal power of the recipient - e.g., it was written: "And a kinyan was performed to amplify this gift" - the gift is binding.
Halacha 12
When a sh'chiv me'ra says: "Compose a record and give to so and so a maneh," but he dies before the record was composed and the gift was given to him, the record should not be composed, nor should the gift be given. We suspect that perhaps the sh'chiv me'ra made up his mind to transfer the gift to the recipient via a legal document, and a legal document cannot effect a transfer after the principal's death.
Halacha 13
If, however, he said "Compose a record" solely to augment the legal power of the recipient - e.g., he said; "Give so and so a maneh" - and then he added, "and compose a record and give it to him" - a legal record should be composed, signed and given even after the death of the sh'chiv me'ra.
Halacha 14
The following rule applies when a sh'chiv me'ra apportions all his property unconditionally, without retaining anything for himself: If he recovers, the gift is retracted. This applies even if he confirmed his statements with a kinyan to augment the legal power of the recipient. Similarly, it applies whether he apportioned all his property to one individual or to two individuals.
The rationale is that we assume that he did not want to give all his property to that persons as a gift, and his intent was that the recipient should not acquire anything until after he died.
Halacha 15
If he retains anything for himself - either landed property or movable property - he has given only part of his property as a gift. If such a gift is given without an explicit statement of intent, it is considered to be a gift given by a healthy man, and it is effective from the time it was written. Therefore, it is not retracted upon the recovery of the sh'chiv me'ra. This applies provided he confirms the gift with a kinyan. For a gift given by a sh'chiv me'ra that transfers only part of his property requires a kinyan whether he recovers or does not recover.
Halacha 16
When does the above apply? When the person gave the gift without making any explicit statement. In such an instance, we assess his intent and presume that since he retained property, his intent was to transfer the property during his lifetime, like a gift given by a healthy man.
Halacha 17
If, however, the dying man explicitly states that he is giving the portion of estate as a gift of a sh'chiv me'ra, which takes effect only after his death, there is no need to confirm it with a kinyan, and if he recovers it is retracted. If, however, he does not recover, the intended recipient acquires that portion of the estate.
If such a gift was confirmed by a kinyan, the intended recipient does not acquire the property apportioned to him unless the kinyan was intended to amplify the legal power of the recipient, as explained above.
Halacha 18
Do not err: Should a dying man apportion all his property and state explicitly that he is giving everything from the present, and that his gift should take effect during his lifetime - such a gift is not governed by the laws pertaining to a gift of a sh'chiv me'ra. Instead, it is like any other gift given by a healthy person. If the legal document reaches the hand of the recipient, or the giver confirms the gift with a kinyan, the recipient acquires everything, and the giver cannot retract.
Halacha 19
When a person on his deathbed gives a gift and, its legal record states: "In life and in death ..." or "From my life and in my death ...," it is considered to be a gift given by a sh'chiv me'ra, because it says "in death." This applies whether the dying man apportions all his property or only a portion of it.
The expression "in death" indicates that the intent is that the gift should take effect after the giver's death. It says "in life" only to settle the giver's mind and express a prayer that that he will survive this illness.
Halacha 20
Even though a person on his deathbed apportions all the property that he is known to possess, it is considered as if he apportioned only part of his estate. If the sh'chiv me'ra confirmed the gift with a kinyan and then recovered, the gift is not retracted. The rationale is that we suspect that he owns other property in a distant country.
This law applies unless the dying man says: "All my property that is these...," or unless it is the common assumption that the person owns only the property that he apportioned. In such instances, the gift is considered to apply to all his property.
Halacha 21
The following rules apply when a sh'chiv me'ra apportions all his property to other people. We see whether it appears that his intent was to divide his estate. If that is so, if he dies all the intended recipients acquire the property designated for them. If he recovers, all the gifts are retracted.
Different laws apply if, however, it appears that he was reconsidering the matter - e.g., after he made a gift with which he left over part of his property, he paused and then apportioned more, and then paused and then apportioned more and confirmed each of his gifts with a kinyan. If he dies, all the intended recipients acquire the property designated for them. If he recovers, only the final gift he designated is retracted. For this person alone was given all his remaining property.
Halacha 22
When a sh'chiv me'ra signs over all his property to one of his servants and then recovers, the gift of the property is retracted. The gift of freedom to the slave, however, is not retracted, for he has already gained the reputation of being a free man.
Halacha 23
When a sh'chiv me'ra apportions his property because of his impending death - i.e., he thinks that he will die, and this is obvious from his words -even though a kinyan is made to confirm the gift of a portion of his estate - if he recovers, the gift is retracted.
Halacha 24
When a person goes out to sea or on a caravan journey, is being transported in chains, or is dangerously ill, having fallen sick suddenly with a severe infirmity - any of these four individuals is considered to be a person who apportions his property because of his impending death. His statements are considered as if they are written down in a legal document and his property has already been apportioned. If these individuals die, their instructions are carried out.
If they are saved and recover, even though a kinyan had been made to confirm the gift of a portion of his estate, the gift is retracted, as is the law with regard to anyone who apportions his property because of his impending death.
Halacha 25
The following laws apply when a sh'chiv me'ra passes from one sickness to another. If he does not recover and does not walk unsupported in the marketplace, the gift that he gave is binding.
Halacha 26
Different rules apply when the dying man stands and walks supported between the sickness in which he apportioned his property and the sickness from which he died. We have physicians assess whether or not he died from the first sickness that affected him. If this is so, the gift is binding. If not, the gift is not binding. If he walked in the marketplace without a support, no assessment is necessary, and the gifts that he originally gave are nullified.
Halacha 27
When there is a record of an oral will made by a sh'chiv me'ra that does not say that he died because of the sickness during which he apportioned his property, and the witnesses are not present to corroborate this, the gift is nullified, despite the fact that he died. For his death is not proof that he did not recover. Perhaps he recovered from the sickness during which he apportioned his property and then contracted another sickness and then died.
Therefore, the property is presumed to belong to the legal heirs unless the recipients of the gift bring proof that he died because of the sickness during which he apportioned his property.
-------
Rambam:
• 3 Chapters: Shemita Shemita - Chapter 9, Shemita Shemita - Chapter 10, Shemita Shemita - Chapter 11
Shemita - Chapter 9
Halacha 1
It is a positive commandment1 to nullify a loan in the Sabbatical year, as [Deuteronomy 15:2] states: "All of those who bear debt must release their hold." A person who demands payment of a debt after the Sabbatical year passed2 violates a negative commandment,3 as it is stated [ibid.]: "One shall not demand [payment] from his friend and his brother."
Halacha 2
The nullification of debts applies according to Scriptural Law only in the era when the Jubilee year is observed4 and [the sale of] land is also nullified, for the land [that has been sold] returns to its original owners without financial payment.5 This matter was conveyed through the chain of tradition. Our Sages declared:6 In the era when you nullify [the sale of] land, you nullify debts everywhere, whether in Eretz Yisrael or in the Diaspora. In the era when you do not nullify [the sale of] land, you do not nullify debts anywhere, even in Eretz Yisrael.
Halacha 3
According to Rabbinic Law, the nullification of debts applies in the present age in all places,7 even though the Jubilee year is not observed.8 [This is a decree, instituted] so that the concept of the nullification of debts will not be forgotten by the Jewish people.
Halacha 4
The Sabbatical year does not nullify debts until its conclusion. [This is derived as follows: Deuteronomy 15:1-2] states: "At the end of seven years, you shall effect a remission. This is the matter of the remission." And [Deuteronomy 31:10] states:9 "At the end of seven years, at the time of the Sabbatical year, during the holiday of Sukkot." Just as in that instance, [the event takes place] after the seven [years], so too, the nullification of the debts takes place after the seven [years].
Therefore if one lent money to a colleague in the Sabbatical year itself, he may demand payment of his debt for the entire year.10 When the sun sets on the night of Rosh HaShanah of the eighth year,11 the debt is nullified.12
Halacha 5
If one slaughtered a cow and divided it13 under the supposition that today would be [declared as] Rosh HaShanah,14 but instead, a day was added to Elul and thus that day was the final day of the Sabbatical year, the money is lost, for the Sabbatical year ended while the debt was extant.15
Halacha 6
The Sabbatical year nullifies a loan, even a loan supported by a promissory note which creates a lien on one's possessions.16 If, however, the borrower designated a field [to serve as payment] for the loan, it is not nullified.17 The Sabbatical year also nullifies the obligation to take an oath,18 for [the prooftext] states: "He shall not demand," i.e., neither payment, nor an oath.
Halacha 7
When does the above apply? With regard to an oath imposed by the judges19and the like, i.e., obligations that were he to accept them, the Sabbatical year would nullify them. But oaths taken by watchmen or partners20 and the like, i.e., oaths that were he to admit [the obligation], he would be required to pay [after the Sabbatical year],21 he is required to take the oath after the Sabbatical year.
Halacha 8
If a person gave a colleague a loan and then demanded payment, [the colleague] denied the obligation and remained in denial when [the conclusion of] the Sabbatical year arrived and then he admitted his obligation or witnesses came [and testified to that effect] after the Sabbatical year [was concluded], the obligation is not nullified.22
Halacha 9
When a person lends money to a colleague and sets [the time of payment] in ten years time, it is not nullified [by the Sabbatical year. The rationale is that] although [ultimately, the command,] "Do not demand [payment]" will apply,23 at present, he may not demand payment.24 If he stipulated that he would not demand payment, [the debt] is nullified by the Sabbatical year.25
alacha 10
When a person lends money to a colleague and he stipulates with [the borrower] that [the debt] will not be nullified by the Sabbatical year, it is nullified, for he cannot negate the law of the Sabbatical year.26 If [the borrower] stipulates that he will not nullify this debt, even in the Sabbatical year, the stipulation is binding, for any stipulation made regarding financial matters is binding. Thus this person took on a financial obligation which the Torah did not obligate him in.27
Halacha 11
An account at a store is not nullified by the Sabbatical year.28 If it is established as a debt,29 it is nullified.30 The wage of a worker is not nullified.31 If it is considered as a debt, it is nullified.
Halacha 12
The fines for a rapist,32 a seducer33 and one who spreads a slanderous report [about his wife]34 are not nullified by the Sabbatical year.35 If they are considered as debts,36 they are nullified. When are they considered as a debt? When the matter was brought to court.
Halacha 13
When a person divorces his wife before the Sabbatical year, [his obligations to her by virtue of] her ketubah37 are not nullified by the Sabbatical year.38 If she impaired the legal power [of her ketubah]39 or considered it as a debt, it can be nullified.
Halacha 14
When a person lends money in exchange for security, the debt is not nullified by the Sabbatical year,40 provided the security is equal in value to the debt. If the debt exceeds the value of the security, the extra amount is nullified by the Sabbatical year.41
Halacha 15
When a person hands over42 his promissory notes to the court, telling [the judges]: "Collect my debt for me," the debts are not nullified by the Sabbatical year. [This is derived from Deuteronomy 15:3]: "[a debt] that you have from your brother."[Implied is that debts demanded by "your brother," a private individual, are nullified by the Sabbatical year. [Payment for] these [debts, by contrast,] is being demanded by the court.
Similarly, if the court rendered a judgment, writing: "So-and-so, you are obligated to give this person this-and-this amount," [the debt] is not nullified. Such [a debt] is considered as if it has already been collected and entered [the creditor's] possession. It does not resemble a loan.
Halacha 16
When Hillel the Elder saw that the people would refrain from lending to each other and thus violated the Scriptural charge [Deuteronomy 15:9]: "Lest there be a wicked thought in your heart,"43 he ordained a pruzbol44 so that debts would not be nullified and people would lend to each other.
A pruzbol is effective only with regard to the nullification of debts in the present era which are a Rabbinic institution.45 A pruzbol is not effective with regard to the nullification of debts by Scriptural Law.46
Halacha 17
A pruzbol should be composed only by very great Sages like the court of Rabbi Ami and Rabbi Assi,47 for they are suitable to release financial [obligations due] others.48 Other courts [of lesser authority] may not compose [a pruzbol].49
Halacha 18
This represents the body of a pruzbol: "I am notifying you,50so-and-so and so-and so51 the judges in this-and-this places, [that I reserve the right] to collect all the debts [owed] to me52 at any time I desire."53 The judges or the witnesses should sign below.54
Halacha 19
A pruzbol may be composed only when [the borrower possesses] land.55 If the borrower does not possess land, the lender should grant56 the borrower even the slightest amount of land - even enough to grow a cabbage stalk57- in his field. [Even if] he lent him place for an oven or a range, a pruzbol may be composed.58 If [the borrower] owns a field that was given as security, a pruzbol may be composed on that basis.
Halacha 20
[A pruzbol] may be composed against a man59 based on property owned by his wife60 or against orphans on property owned by their guardian.61 If [the borrower] does not possess land, but the guarantor does, we can compose a pruzbol because of it.62 If [a borrower] is owed a debt by a colleague and the colleague owns land - since that land is on lien [to the first borrower] - we may compose a pruzbol because of it.
Halacha 21
When one person borrows from five others, each one must have a pruzbol composed.63 When five people borrow from one, one pruzbol is sufficient for him for all the debts.64
Halacha 22
When a person has a pruzbol composed and then he makes a loan, it is not effective. Instead, the loan will be nullified unless he composes [another] pruzbol after giving the loan. Thus one can conclude that any loan which precedes a pruzbol is not nullified because of this pruzbol. If the pruzbol precedes the loan, it is nullified [despite] this pruzbol.65
Halacha 23
Accordingly, a pruzbol that is predated is valid, while one that is postdated, is invalid.
What is implied? One wrote a pruzbol in Nissan and predated it to Adar, it is valid, for he has impaired its legal power, for [only the loans given] until Adar are not nullified.66 If, however, he postdated it and dated it in Iyar, it is invalid, for he has strengthened its legal power, for [were it to be effective] the loans given until Iyar would not be nullified. This is unlawful, because it is only [the loans given] until Nissan that are not nullified, for that [is when] the matters were conveyed to the court.
Halacha 24
When a person produces a promissory note after the Sabbatical year without it being accompanied by a pruzbol, the debt is lost.67 If he says: "I possessed [a pruzbol] and it was lost, his word is accepted.68 For from the time of the danger69 onward,70 a creditor was allowed to collect his debt [after the Sabbatical year] without a pruzbol.
Moreover, when a creditor would bring the promissory note [to court] or would come and demand payment of a loan supported by a verbal commitment [alone], [the court] tells the defendant: "Pay him." If the defendant claims: "Where is his pruzbol?", the court asks the plaintiff: "Did you have a pruzbol that was lost?" If he answers affirmatively, his word is accepted.71 If he admits that he did not have a pruzbol, the debt is nullified.
Orphans72 do not require a pruzbol.73
Halacha 25
[When the plaintiff] produces a pruzbol, the defendant claims: "The loan for which he is demanding payment was made after the pruzbol,"74 and the plaintiff retorts: "It was made before the pruzbol," the plaintiff's word is accepted. [The rationale is] were he to have claimed: "I had [a pruzbol] and it was lost," his word would have been accepted75 even though we do not know the date of the pruzbol that was lost.
Halacha 26
If the defendant claims: "I owe him a debt," and the plaintiff states: "No, it is an account from a store which is not nullified [by the Sabbatical year], because I have not yet considered it as a loan,"76 his word is accepted, for were he to desire,77he could say: "It was a loan, but I had a pruzbol and it was lost." [Leniency is granted in these instances,] because once the Sages instituted [the concept of] pruzbol, we operate under the assumption that a person will not forgo something permitted78 and partake of something that is forbidden.79
Halacha 27
When Torah Sages offer loans to each other80 and one conveys his words to his students,81 saying: "I am notifying you [that I reserve the right] to collect all the debts [owed] to me at any time I desire," he does not have to compose a pruzbol.82 [The rationale is that Torah scholars] know that the nullification of debts in the present era is a Rabbinic decree and it can be negated verbally.
Halacha 28
[Whenever] anyone returns a debt [despite the fact] that the Sabbatical year has passed,83 the spirits of our Sages are gratified because of him.84 [When receiving the payment,] the lender must say to the one who is making restitution: "I am nullifying [the debt] and your [obligation] to me has been released."85 If the debtor says: "Nevertheless, I desire that you accept it," he should accept it. For the Torah states: "One shall not demand [payment]," and payment was not demanded.86
[The debtor] should not tell [the creditor]: "I am giving them to you as [payment of ] my debt. Instead, he should tell him: "[The money] is mine,87 and I am giving it to you as a present."
Halacha 29
If [a debtor] returned a debt, but did not make the above statements, [the lender] should turn the conversation to the point where the debtor says: "[The money] is mine, and I am giving it to you as a present." If [the debtor] does not make such statements, [the creditor] should not accept it from him.88 Instead, [the debtor] should take his money and depart.
Halacha 30
One who refrains from lending money to a colleague before the Sabbatical year lest [the repayment] of the debt be delayed and it be nullified, violates a negative commandment, 89 as [Deuteronomy 15:9] states: "Be careful [lest there be a wicked thought in your heart....]" It is a severe sin, for the Torah warned against it with two adjurations, for it is written: "Be careful lest," and whenever the Torah uses the expressions "Be careful," "lest," or "Do not," it is communicating a negative commandment.90 The Torah objected to this evil thought and called it "wicked" and the the verse continued warning and commanding one not to refraining [from lending], but to give [the loan], as [ibid.:10] states: "You shall certainly give him and your Heart should not regret giving him." [Indeed,] the Holy One, blessed be He, promised that the reward for this mitzvah will be granted in this world,91 as [the verse continues:] "Because of this God will bless you."
FOOTNOTES
1.Sefer HaMitzvot (positive commandment 141) and Sefer HaChinuch (mitzvah 477) includes this commandment among the 613 mitzvot of the Torah. The Rambam's wording implies that the nullification of the debt comes as a result of the person's action. It is not automatically nullified at the conclusion of the seventh year. For that reason, the Rambam states in Halachah 28, when a person comes to pay a debt after the conclusion of the seventh, the creditor must say that he is nullifying the debt (Likkutei Sichot, Vol. XVII, p. 289ff.).
2.For, according to the Rambam, the debt is not nullified until the conclusion of the Sabbatical year (Halachah 4).
3.Sefer HaMitzvot (negative commandment 230) and Sefer HaChinuch (mitzvah 475) include this commandment among the 613 mitzvot of the Torah.
4.As stated in Chapter 10, Halachah 9, after the exile of the tribes of Reuven and Gad, the laws of the Jubilee year no longer applied according to Scriptural Law.
5.See Chapter 10, Halachot 13, 15, for details regarding this concept.
6.Gittin 36a.
7.I.e., according to the Rambam's interpretation of Gittin, loc. cit., the nullification of debts applies in the present era, even in the Diaspora. His view is accepted by the Shulchan Aruch (Choshen Mishpat 67:1). In his gloss to that text, the Rama quotes different opinions among the Ashkenazic authorities. Some maintain that the Rabbis did not ordain the observance of this law in the present age. Others maintain that it should be observed as a custom. Significantly, the Shulchan Aruch HaRav, Hilchot Halvaah 34, follows the Rambam's view.
8.I.e., even according to Rabbinic Law (see Tosafot, Gittin, loc. cit.).
9.With regard to the Hakhel ceremony. The interrelation of these verses has its source in the Sifri.
10.According to other authorities, although the debt is not remitted until the end of the Sabbatical year, from the beginning of the Sabbatical year, the creditor is forbidden to demand payment. See Shulchan Aruch HaRav, loc. cit. 36.
11.I.e., the sunset marking the advent of Rosh HaShanah.
12.Because it is forbidden to demand its payment (Likkutei Sichot, loc. cit.).
13.Since the people considered the day as a festival, the recipients of the meat could not pay for it in an ordinary manner. Hence they promised to pay for their shares later, considering the money as a debt [the Rambam's Commentary to the Mishnah (Sh'vi'it 10:2)].
14.When the laws of the annulment of debts would no longer apply. The Rambam is speaking about a situation that could have occurred in the time the new month was sanctified based on the testimony of witnesses (in contrast to the present era, when we follow a fixed calendar). In that era as well, the court had a presupposition of the day when Rosh HaShanah would fall and the people celebrated it as a holiday in anticipation of its sanctification. Nevertheless, the moon was not actually sanctified - and thus the holiday officially declared as such - unless witnesses came. Now it was possible, especially if the night was cloudy, that witnesses did not see the moon and hence could not go to the court to give testimony. Hence the day could not be declared as Rosh HaShanah.
15.The Ra'avad questions the Rambam's ruling, based on the principle (stated in Halachah 11), that a debt stemming from money owed on account to a grocer is not nullified at the end of the Sabbatical year. Indeed, the source for this law (the Jerusalem Talmud, Sh'vi'it 10:1) states that it follows the opinion that maintains that such an account is nullified by the Sabbatical year. The Radbaz, however, explains that the situations are not identical. For it is common practice for a grocer to sell on account. A butcher, by contrast, expects immediate payment. A similar distinction is suggested by the Kessef Mishneh.
16.I.e., once a loan is recorded in a promissory note, in the event the debtor does not pay, the creditor can use the promissory note to collect the debt from the landed property belonging to the debtor at the time of the loan (even if it was subsequently sold to others). Since the property is on lien, one might think that the situation is comparable to a loan supported by security (Halachah 14), which is not nullified by the Sabbatical year. That law, however, does not apply in the present instance, because although the lien applies to the debtor's property, it is not associated with a specific property.
17.Since the land has been designated as payment, it is as if the loan has already been paid.
18.For example, a person claimed that a colleague owed him 100 zuz and the colleague admitted only to owing 50. In such an instance, the colleague is required to take an oath regarding the other 50 zuz. If he fails to take the oath before the conclusion of the Sabbatical year, that obligation is nullified.
19.This is a specific term that, as explained in Hilchot Sh'vuot 11:5-6, refers to oaths administered because of the denial of a specific and definite claim that would create a monetary obligation were the defendant to have admitted to it.
20.See Hilchot Sh'vuot, loc. cit., which explains that these individuals can be compelled to take an oath even though the plaintiff does not have a definite claim against them.
21.With regard to a watchman, the explanation is that - unlike a loan - the property being watched is considered as always being in the possession of the owner. Hence, the obligation for it is not nullified by the Sabbatical year (see Radbaz). A partner is considered as a watchman (Bava Batra 42b).
22.The rationale is that the obligation was not firmly established before the conclusion of the Sabbatical year, for until the borrower's admission of the debt or the substantiation of the claim by witnesses, the creditor cannot press for payment in a court of law. Hence, the end of the year does not lead to the nullification of the debt. See the Jerusalem Talmud (Sh'vi'it 10:1). The Ra'avad objects to the Rambam's ruling, but it is supported by the Radbaz and the Kessef Mishneh and quoted by the Shulchan Aruch (Choshen Mishpat 67:7). Nevertheless, the Shulchan Aruch does add to the Rambam's wording the concept that the debtor took an oath to support his denial. In his gloss to the Tur, the Darkei Moshe explains that addition, stating that unless the debtor has taken an oath to support his denial, then we are speaking of an ordinary loan and the conclusion of the Sabbatical year nullifies both the loan and the obligation of an oath to support one's denial, as stated in Halachah 6.
23.For in ten years time, he will demand payment of the debt.
24.For the loan has not become due. And as long as there is no payment demanded, the debt is not nullified, for the Sabbatical year only nullifies a debt for which payment is called for (the Responsa of Rabbenu Asher, sec. 86).
25.The Radbaz and Rav Yosef Corcus explain that even though the collector has promised not to demand payment of the debt, since there is a payment date before the end of the Sabbatical year, the borrower is under obligation to pay. Hence, it is as if payment is being demanded from him.
26.This is a general principle, applicable in many contexts. Whenever a person establishes a stipulation that runs contrary to the Torah's laws, his stipulation is nullified. For the Torah is not given over to man's will and no mortal can bend it to fit his whims (see Makkot 3b; Hilchot Ishut 6:9).
27.The difference between this clause and the previous one can be explained as follows: In the previous instance, the person was attempting to postulate that the Torah's laws should not apply. This is not within a mortal's power. In the second clause, by contrast, the person is saying that although the laws of the Sabbatical Law do apply, he asks the borrower to accept an obligation even though the Torah releases him from it. Torah Law does not prevent him from accepting such an obligation. See the parallels in Hilchot Mechirah 11:15.
See also the comments of Beit Yosef (Choshen Mishpat 67), that one is permitted to make such a stipulation. It is not merely that, after the fact, one is bound by it.
Based on this principle, the Shulchan Aruch HaRav, Hilchot Halva'ah:35 draws the following conclusion:
At present, in these countries, it is not customary [to employ] a pruzbol. [Some] have explained the custom [as follows]: Since it has become customary to collect all debts after the Sabbatical year, even without a pruzbol, and the borrower knows of this practice, it is as if the lender made a stipulation at the time of the loan that [the loan was being given] on condition that the borrower never nullify this debt, even in the Sabbatical year. Thus [the borrower] made himself liable for a financial obligation not required of him by the Torah in which instance, his stipulation is binding and he is obligated according to Scriptural Law.
Nevertheless, that text continues, stating that "any G-d-fearing person will be stringent with regard to his own conduct and make a pruzbol, [for] it is something that does not involve a loss and is easy to arrange."
28.In his Commentary to the Mishnah (Sh'vi'it 10:1), the Rambam explains that until a summary of an account is made, it is not considered as a debt. Instead, the seller trusts the purchaser and is willing to wait for payment. Thus all of the different transactions are considered as one sale. The Kessef Mishneh explains that since it is not customary for the seller to demand payment of such accounts, the account is not bound by the prohibition: "Do not demand payment." Hence, the mitzvah to nullify the obligation also does not apply.
Similar concepts are reflected in the treatment of the subject by Shulchan Aruch HaRav, Hilchot Halva'ah, subsec. 39, which states: "Since a storekeeper usually extends credit for a year or two and it is unusual for him to demand payment immediately, it is as if he set a time for payment after the Sabbatical year."
29.The Rama (Choshen Mishpat 67:14 offers two explanations for "establish[ing it] as a debt":
a) setting a time for payment;
b) totaling up the account to arrive at a sum.
30.For in such an instance, it is no different than any other debt.
31.Here also the Kessef Mishneh explains that since it is not common for a worker to demand payment of his wages immediately, until he does so, they are not considered as a debt.
32.See Deuteronomy 22:28-29, Hilchot Na'arah, ch. 1.
33.See Exodus 22:15-16, Hilchot Na'arah, ch. 1.
34.See Deuteronomy 22:13-21, Hilchot Na'arah, ch. 3.
35.In his Commentary to the Mishnah (Sh'vi'it 10:2, the Rambam explains that debts are obligations which a person accepts upon himself. Hence they can be nullified. These obligations, by contrast, are penalties imposed upon the transgressor by God. Hence, he cannot absolve himself from them unless he makes payment.
The Kessef Mishneh questions this explanation, for the Torah also requires a person to satisfy the monetary obligations he takes upon himself. He therefore explains that the intent is that since these penalties are written in the Torah, it is as the debts were handed over to the court in which instance, they are not nullified by the Sabbatical year, as stated in Halachah 15.
Rambam LeAm explains the difference between the two on the basis between the distinction between mamon, a financial obligation between men, which a man can release, and k'nas, a penalty required by God from the transgressor that although paid to the person violated is not an obligation to him.
36.The Shulchan Aruch (Choshen Mishpat 67:16) defines "establish[ing] as a debt" as calling the defendant to court. Sefer Meirat Einayim 67:31 emphasizes that once the court's decision is written up, it is considered as if the debt has been handed over to the court.
37.The money he agrees to pay in the event of a divorce (or which his estate must pay in the event of his death).
38.Since the obligation need not be paid until the woman demands payment, it is not considered as a debt that could be nullified by the Sabbatical year.
39.I.e., she admitted that a certain portion of the money owed her had already been paid. See Hilchot Ishut 16:14.
40.Kiddushin 9b states: "A creditor acquires the security given him." Thus when the loan is given in return for security, it is as if he transferred ownership of the security for the loan until it is repaid [the Rambam's Commentary to the Mishnah (Sh'vi'it 9:2)]. Thus it is as if there is no outstanding obligation for the Sabbatical year to nullify.
41.For this amount is not in his possession. The Tur and the Shulchan Aruch (loc. cit.) quote other opinions which do not accept this view and maintain that this portion of the debt is not nullified. In his Kessef Mishneh, however, Rav Yosef Caro elaborates in support of the Rambam's position.
42.Giving them the actual promissory note, not merely assigning it to them (Rav Yosef Corcus, explaining why this is acceptable according to Scriptural Law, while a pruzbol is merely a Rabbinic institution).
43.The verse continues: "The Sabbatical year is drawing near and you will look negatively at your brother and refrain from giving him." See Halachah 30 which discusses this charge.
44.In his Commentary to the Mishnah (Sh'vi'it 10:3), the Rambam cites the interpretation of this term in Gittin 37a: "the amendment of a matter."
45.As stated in Halachah 2, the nullification of debts in the present era is a Rabbinic injunction. And since it is a Rabbinic institution, Hillel and his court had the power to institute a provision to reduce its application. Were it to have the power of a Scriptural Law, the Rabbis would not be able to institute such a provision.
46.The Ra'avad differs with this concept, explaining that it applies even when the Sabbatical Law is observed according to Scriptural Law. The difference between the two authorities reflects a difference between the two Talmudic Sages, Abbaye and Rava, the Rambam follows Abbaye's understanding and the Ra'avad that of Rava. This, however, is slightly problematic, for the Bava Metzia 22b states that, with the exception of six specific instances, whenever there is a difference of opinion between these two Sages, the halachah follows Rava's understanding.
The Radbaz explains the Rambam's viewpoint, stating that our Sages' preference for Rava's position applies only when these Sages are arguing concerning their own logical conclusions. When, by contrast, they are arguing about the interpretation of another Sages' position as in the present instance, the halachah can follow Abaye's view.
47.They were the heads of the leading courts in Eretz Yisrael shortly at the beginning of the post-Mishnaic era. Similarly, the court composing a pruzbol must be one of the leading courts in its region and in its era (Radbaz, Kessef Mishneh).
48.Gittin 36b explains that the institution of a pruzbol depends on the principle hefker beit din, hefker; "When the Jewish court absolves a person's ownership, the absolution is binding." As proof of this principle, it cites examples of actions taken by Ezra the Scribe and Joshua. The Rambam understands the Talmud to be saying that even when a financial obligation is Rabbinic in origin, to absolve it, one must have authority comparable to that of Ezra and Joshua. (Significantly, in Hilchot Sanhedrin 24:6 - where the Rambam describes the above principle - and in Hilchot Nachalot 6:12 - where he shows another application of it - he does not state that the courts involved must be made up of judges of unique distinction.)
49.The Tur (Choshen Mishpat 67) does not accept the Rambam's ruling and maintains that a pruzbol may be composed by any court. The Ramah (loc. cit.:18) states that this leniency can be accepted. Note also the contrast between this law and Halachah 27.
50.Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 10:4).
51.The Rambam is quoting the wording of the Mishnah (Sh'vi'it 10:4). Although Rabbenu Nissim interprets this to mean that the Rambam accepts the view (Gittin 33a) that two judges are sufficient to compose a pruzbol, most authorities require that there be at least three judges on a court which officiates over a pruzbol, as indicated by the statement of the law in the Shulchan Aruch (Choshen Mishpat 67:19).
52.The creditor is not transferring the actual promissory note to the court - in which instance a pruzbol would not be necessary, as stated in Halachah 15. Instead, he is making a formal notification of the matter to the court. See Sefer Meirat Einayim 67:39.
53.I.e., even after the Sabbatical year passes.
54.In his Commentary to the Mishnah (loc. cit.), the Rambam writes that this wording teaches us that a judge may also serve as a witness. This is not allowed in questions involving Scriptural Law, but in questions involving Rabbinic Law, leniency is granted.
55.The rationale is that when the borrower possesses land, the creditor's debt is secured, because he may expropriate the land in payment (Radbaz). Even though the land does not appear to be worth the full value of the debt, we follow the principle (see Hilchot Mechirah 13:8) that the land may never be considered overpriced (Sefer Meirat Einayim 67:41).
56.Our text follows the manuscript copies and early printings of the Mishneh Torah. The standard printed text reads slightly differently.
The lender may transfer this property to the borrower without his knowledge, but not against his will [Shulchan Aruch and Ramah (Choshen Mishpat 67:22)].
57.Even if he possesses only a flowerpot with a hole in it.
58.Since the borrower is entitled to use the land, he is considered to have sufficient rights to it to enable a pruzbol to be written.
59.I.e., the man referred to here is the borrower.
60.Since he is entitled to the benefit from this property, it can be used for a pruzbol.
61.I.e., when a guardian took out a loan for the sake of orphans, if the guardian possesses land a pruzbol can be composed because the guardian is considered like a guarantor.
62.Because ultimately, the guarantor's property is also on lien to the loan.
63.For each one must entrust his debt to the court.
64.For in the one pruzbol, he entrusts all of his debts to the court.
65.This halachah, based on Sh'vi'it 10:5, was the subject of much review and rethinking within the Rambam's own mind. He rewrote his commentary to this mishnah four times, each time, changing his thought somewhat.
At first, he wrote that only a pruzbol written before a loan prevents it from being nullified. Once a loan has already been given, the laws of the Sabbatical year apply to it, and a pruzbol cannot nullify it. It was not until his second revision of his commentary that he changed it, amending it to read like his conclusion in the text above.
66.Since that is the date on the pruzbol, its legal power takes effect from that date even though it was written later and it could have included the loans that were given until the date when it was actually composed.
67.For it is nullified by the Sabbatical year.
68.In his Commentary to the Mishnah (Ketubot 9:7), the Rambam explains that the lender's word is accepted based on the principle that a person will not sin when he could achieve the same result in a permitted manner (Gittin 37b). Since he could easily preserve the debt by composing a pruzbol, we assume that he did so rather than transgress the prohibitions of the Sabbatical year, as stated in Halachah 26.
69.I.e., in the Talmudic era, the Roman's passed many decrees with the intent of stamping out the observance of the mitzvot. One of them was a prohibition to make a pruzbol (for by doing so, they would undermine the observance of the Sabbatical year). Failure to observe these decrees led to very severe punishment. In fear, many people would compose a pruzbol so that they could collect their debts, but destroy it lest it cause them danger (Kessef Mishneh).
70.The Kessef Mishneh explains that even though the danger passed, the Rabbis never rescinded the leniency granted to allow for a uniformity in Jewish practice.
71.Gittin, loc. cit. explains that this is like "opening the mouth of the dumb," i.e., offering support to a litigant to enable him to collect what is due him.
72.Below the age of majority [Shulchan Aruch (Choshen Mishpat 67:28)].
73.The Radbaz cites (Gittin 37a) which states that the Jewish court is considered as "the father of the orphans" and we assume that they do not want to impose Rabbinic decrees in a situation that will harm the orphan's interests. This applies both to loans that they themselves made or that their father made and which are due to his estate (Sefer Meirat Einayim 67:50).
74.And thus the loan would be nullified by the Sabbatical year, as stated in Halachah 22.
75.Based on the principle of migo, i.e., had he desired to lie, he would have told a more effective lie. This argument is reinforced by the accepted presumption mentioned previously: that if a person has a permitted way to perform a function, he will not use a forbidden path, i.e., he would make the loan with a valid pruzbol, rather than rely on an invalid one.
Generally, a migo is an accepted argument in its own right. Nevertheless, in this instance, the migo must be reinforced by the assumption, for migo is usually employed as an argument in defense of one's position and not to expropriate money and here the plaintiff is seeking to employ it to expropriate money (Biurei HaGra 67:58).
76.See Halachah 11.
77.To lie, i.e., here too, we are relying on the principle of migo, as reinforced by the assumption the Rambam proceeds to mention.
78.Lending with a pruzbol.
79.Lending without a pruzbol.
80.The Rambam's wording implies that both the lender and the borrower must be Torah scholars. His ruling is quoted verbatim by the Shulchan Aruch (Choshen Mishpat 67:20). The Rama, however, rules that not only Torah Sages, but even ordinary individuals can benefit from this leniency.
This leniency is part of the rationale, for the observance of the concept of pruzbol by the Ashkenazic community. Since all that is necessary to preserve a loan is a verbal statement made in the presence of three knowledgeable people, it is proper for everyone to do so (Shulchan Aruch HaRav, Hilchot Halva'ah:35).
81.The Ra'avad (as understood by the Kessef Mishneh) objects to the Rambam's ruling, for, as stated in Halachah 17, the Rambam maintains that a pruzbol must be composed by a leading court, while here, he seems to imply that any few students are acceptable. The Kessef Mishneh resolves the apparent contradiction by saying that the students the Rambam refers to here are in fact distinguished judges, and there is no difference in practive between the subjects of the two halachot. Rav Yosef Corcus (in his gloss to Halachah 17) states that as long as the important court approves of such an act, the actual pruzbol may be made in the presence of lesser scholars.
82.As stated in Halachah 18
83.And thus, according to law, the debt is nullified and need not be repaid. This halachah is speaking about an instance where a pruzbol was not composed.
84.I.e., they approve of this step and consider it pious behavior. The Sages thought it desirable for a debt to be returned, for in this way, people will continue lending each other money in the future.
85.For according to law, he can no longer collect the debt.
86.And thus, by accepting it, he is not violating the Torah's commandment to nullify the debt. Indeed, he has fulfilled the commandment to release the debt, for the Deuteronomy 15:2 introduces this commandment with the phrase: "This is the matter (d'var) of remission." D'var, translated as "matter," also relates to the word dibbur meaning "speech," implying that it is sufficient to make a statement of remission to fulfill the mitzvah [the Rambam's Commentary to the Mishnah (Sh'vi'it 10:8)].
87.For the debt has been absolved.
88.Because it would resemble accepting payment for a debt.
89.Sefer HaMitzvot (negative commandment 231) and Sefer HaChinuch (mitzvah 480) include this commandment among the 613 mitzvot of the Torah. See also Halachah 16 above.
90.Zevachim 106a; Sifri to the above verse. The fact that this commandment employs two such terms indicates that it is a severe prohibition.
91.As opposed to many other mitzvot for which reward is granted only in the World-to-Come. See the Rambam's Commentary to the Mishnah (Pe'ah 1:1) for a discussion of this matter.
Shemita - Chapter 10
Halacha 1
It is a positive commandment to count sets of seven years1 and to sanctify the fiftieth year,2 as [Leviticus 25:8-10] states: "And you shall count seven years for yourselves... and you shall sanctify the fiftieth year." These two mitzvot are entrusted to the High Court3 alone.4
Halacha 2
When did the counting begin? After the fourteen years following the entry into Eretz [Yisrael]. [This is derived from Leviticus 25:3]: "Six years shall you sow your field and six years shall you trim your vineyard." [Implied is that] each person must recognize his [portion of the] land. [The people] took seven years to conquer the land and seven years to divide it.5 Thus the counting began after the 2503rd year after the creation, from Rosh HaShanah,6 after the conjunction [of the sun and the moon before the creation] of Adam, which was in the second year of the creation.7 They declared the [two thousand,] five hundred, and tenth year after the creation which was the 21st year after the entry into Eretz Yisrael as the Sabbatical year. They counted seven Sabbatical years and then sanctified the fiftieth year which was the 64th year after they entered Eretz [Yisrael].
Halacha 3
The Jewish people counted 17 Jubilee years8 from the time they entered [Eretz Yisrael] until they departed.9 The year they departed, when the Temple was destroyed the first time, was the year following the Sabbatical year and the 36th year in the Jubilee cycle. For the First Temple stood for 410 years. When it was destroyed, this reckoning ceased.
After it ceased, the land remained desolate for seventy years.10 Then the Second Temple was built and it stood for 420 years. In the seventh year after it was built, Ezra ascended [to Eretz Yisrael]. This is referred to as the second entry.11 From this year, they began another reckoning. They designated the thirteenth year of the Second Temple as the Sabbatical year12 and counted seven Sabbatical years and sanctified the fiftieth year. Although the Jubilee year was not observed in [the era of] the Second Temple,13 they would count it in order to sanctify the Sabbatical years.
Halacha 4
It follows that the year in which the [Second] Temple was destroyed, [more precisely, the year] beginning from Tishrei that was approximately two months after the destruction14 - for the reckoning of Sabbatical and Jubilee years begins in Tishrei - was the year following the Sabbatical year. It was the fifteenth year of the ninth Jubilee cycle.15
According to this reckoning, this year which is the 1107 year after the destruction, which is the 1487th year according to the reckoning of legal documents,16 which is 4936th year after the creation,17 is a Sabbatical year and it is the 21st year of the Jubilee cycle.18
Halacha 5
Nevertheless, all of the Geonim have said that they have received a tradition, transferred from teacher to student that in the seventy years between the destruction of the First Temple and the building of the Second Temple, they counted only Sabbatical years, not the Jubilee year. Similarly, after the destruction of the Second Temple, they did not count the fiftieth year. Instead, they counted only sets of seven from the beginning of the year of the destruction. [This interpretation] is also apparent from the Talmud in Avodah Zarah.19 This reckoning is a received tradition.
Halacha 6
[The reckoning of] the Sabbatical year is well-known and renowned among the Geonim and the people of Eretz Yisrael. None of them make any reckoning except according to the years of the destruction.20 According to this reckoning, this year which is the 1107th year after the destruction is the year following the Sabbatical year.21
We rely on this tradition and we rule according to it22 with regard to the tithes,23the Sabbatical year, and the nullification of debts, for the received tradition and deed24 are great pillars in establishing [Halachic] rulings and it is appropriate to rely on them.
Halacha 7
The Jubilee year is not counted in the set of Sabbatical years.25 Instead, the 49th year is a Sabbatical year and the fiftieth year is a Jubilee year. Then the 51st year is the first of the six years of the [next] Sabbatical cycle. This is true of every Jubilee year.
Halacha 8
From the time the tribes of Reuven and Gad and half the tribe of Menasheh were exiled,26 [the observance] of the Jubilee year ceased, as [implied by Leviticus 25:10]: "You shall proclaim freedom throughout the land to all of its inhabitants." [One can infer that this commandment applies only] when all of its inhabitants are dwelling within it. [Moreover,] they may not be intermingled, one tribe with another, but rather each tribe is dwelling in its appropriate place.27
When the Jubilee is observed in Eretz [Yisrael], it should also be observed in the Diaspora,28 as [implied by the phrase used in the above verse:] "It is the Jubilee," [i.e.,] in every place. [This applies] whether the Temple is standing or whether the Temple is not standing.29
Halacha 9
When [the laws of] the Jubilee year are observed, the laws of a Hebrew servant are observed,30 as are the laws of homes in a walled city, the laws of a field given as a dedication offering, and the laws of ancestral fields.31 We accept [a gentile as] a resident alien32 and the Sabbatical year is observed in Eretz [Yisrael] and debts are nullified in all places according to Scriptural Law. In the era when the Jubilee year is not observed, none of these mitzvot are observed except the Sabbatical year in Eretz [Yisrael] according to Rabbinic Law and also the nullification of debts in all places according to Rabbinic Law, as we explained.33
Halacha 10
It is a positive commandment to sound the shofar on the tenth of Tishrei34in the Jubilee year.35 This mitzvah is entrusted to the [High] Court first,36 as [Leviticus 25:9] states: "You shall sound a shofar blast. Each and every individual is also obligated to sound the shofar, as [the verse] continues: "and you shall sound the shofar."37
We sound nine shofar blasts in the same way as we sound them on Rosh HaShanah.38 We sound the shofar throughout the boundaries of [Eretz] Yisrael.39
Halacha 11
[The requirements] of shofar used for the Jubilee and Rosh HaShanah are the same in all matters.40 Both on Rosh HaShanah and in the Jubilee the tekiyot are sounded except in the Jubilee year, they are sounded41both in the court that sanctifies the new moon42 and in a court that does not sanctify the moon.43 [Moreover,] for the entire time the court is in session, every individual is obligated to sound [the shofar even] outside the presence of the court.
Halacha 12
When Rosh HaShanah falls on the Sabbath, by contrast, [the shofar] would be sounded only in a court that sanctified the new moon. Every individual may sound [the shofar] only in the presence of the court.44
Halacha 13
[The observance of] three matters are of critical importance with regard to the Jubilee year:45 the sounding of the shofar,46 the release of servants,47and the return of fields to their owners.48 This is referred to as "the release of land."
Halacha 14
From Rosh HaShanah49 until Yom Kippur, servants would not be released to their homes,50 nor would they be subjugated to their masters,51 nor would the fields return to their [original] owners.52 Instead, the servants would eat, drink, and rejoice, with crowns on their heads. When Yom Kippur arrives and the shofar is sounded in the court, the servants are released to their homes and the fields are returned to their owners.
Halacha 15
With regard to the land being allowed to rest, the laws of the Jubilee year are the same of those of the Sabbatical year. Whatever agricultural labors53 are forbidden54 in the Sabbatical year are forbidden in the Jubilee year. Whatever is permitted in the Sabbatical year is permitted in the Jubilee. Whenever the performance of a labor is punishable by lashes in the Sabbatical year,55 it is punishable by lashes in the Jubilee year. [Similarly,] the laws governing the eating,56 sale,57 and removal58 of the produce of the Jubilee year are the same as those governing the produce of the Sabbatical year in all respects.
Halacha 16
The Sabbatical year has an added dimension lacking in the Jubilee, for debts are nullified in the Sabbatical year,59 and they are not nullified in the Jubilee. The Jubilee year has an added dimension lacking in the Sabbatical year, for in the Jubilee, servants are released and land is released. This refers to the laws regarding the sale of land in the Torah.60 This is a positive commandment,61 as [Leviticus 25:24] states: "You shall grant redemption to the land.
The Jubilee year releases land at its beginning,62 while the Sabbatical year does not release debts until its conclusion, as explained.63
FOOTNOTES
1.Sefer HaMitzvot (positive commandment 140) and Sefer HaChinuch (mitzvah 330) includes the commandment to count the sets of years among the 613 mitzvot of the Torah. As the Rambam states in Sefer HaMitzvot the mitzvah is not to count a 50 year cycle, but rather to count seven sets of seven year cycles.
2.Sefer HaMitzvot (positive commandment 136) and Sefer HaChinuch (mitzvah 332) includes the commandment to sanctify the fiftieth year among the 613 mitzvot of the Torah. In Sefer HaMitzvot, the Rambam explains that the sanctification of the year is reflected in considering the produce of that year ownerless.
3.The Sanhedrin, the court of 71 judges which served as Judaism's supreme Rabbinic authority.
4.I.e., their fulfillment is not incumbent on each person individually, but on the people as a whole, and hence, on the High Court, who acts as their agent.
5.Zevachim 118b derives the fact that it took the Jews seven years to conquer Eretz Yisrael from the statements of Caleb quoted in Joshua 14:7 and it postulates that the division also took seven years.
6.Avodah Zarah 9a states that the Torah was given in the year 2448, when the forty years the Jews wandered in the desert and the fourteen years that the land was conquered and divided are added, a total of 2502 are reached. Thus the counting began in the 2503rd year.
7.I.e., our counting begins from the creation of Adam which was on Rosh HaShanah, for Adam's creation superseded the creation that preceded his to the extent that Rosh HaShanah is considered the anniversary of creation and the beginning of the year and not the 25th of Elul even though that date was the first day of creation.
Adam's creation is mentioned as occurring in the second year after creation, because any portion of a year is considered as a year. Thus the five days from the 25th of Elul until Rosh HaShanah are the first year referred to here. Hence, there is a theoretical conjunction of the sun and the moon for that year. See Hilchot Kiddush HaChodesh 6:8 and notes which mention the day and time of the first conjunction.
8.I.e., they were in the midst of counting the seventeenth Jubilee as explained in the following note.
9.I Kings 6:1 relates that the first Temple was built 480 years after the exodus from Egypt. When the 40 years of wandering in the desert and the 14 years when Eretz Yisrael was conquered and divided is subtracted from that figure, 426 years remain. When the 410 years that the First Temple stood (as stated in Yoma 9a) are added, a total of 836 is reached. 836 divided by 50 equals 16. Thus the Jews were exiled in the 36th year of the seventeenth Jubilee cycle. Note the discussion of the Rambam's wording "17 Jubilees" by the Ra'avad, Radbaz, Kessef Mishneh and others based on Rosh HaShanah 9a.
10.And for the 70 years of the Babylonian exile, the Jubilee year cycle was not followed. See Halachah 5.
11.See also Chapter 12, Halachah 15.
12.For they began counting from Ezra's arrival.
13.See Halachah 8. The Rambam's intent is that the mitzvot of the Jubilee year were not observed.
14.For the destruction took place on the ninth of Av.
15.The Second Temple stood for 420 years (Yoma, loc. cit.). Thus if the reckoning of the Sabbatical and Jubilee years began in its seventh year, there is a total of 414. Eight Jubilee cycles produce a total of 400 years. Thus the year following the destruction was the 415th year and it was the year following the Sabbatical year.
16.In the Talmudic era, it was customary to date legal documents from the time of Alexander the Great's ascent to the throne. See Hilchot Gerushin 1:27.
17.This corresponds to 1176 C.E. This date is interesting in another context, for it gives us some insight into the Rambam's writing and editing of the Mishneh Torah. In his Introduction to the Mishneh Torah, the Rambam mentions the date of the composition of the work as 4937, and in Hilchot Kiddush HaChodesh 11:16, he speaks of the date 4938. Thus it is apparent that he worked on the text for several years, wrote the Introduction in 4937, and then edited and added to the work in 4938.
18.I.e., that date is 1121 years after the last Jubilee observed before the destruction of the Second Temple. Thus if that figure is divided by fifty, 21 years are left over. Hence, it is a Sabbatical year.
19.See Avodah Zarah 9b.
20.For it is accepted that the year following the destruction was the beginning of a Sabbatical cycle, as stated in Halachah 4.
21.I.e., when 1107 is divided by 7, there is a remainder of 1.
22.The Radbaz states that this was the practice in his day and this is the present practice in Eretz Yisrael and throughout the world, for the Rambam's ruling is accepted by both the Beit Yosef and Rama (Choshen Mishpat 67:1). See Sefer Meirat Einayim 66:5.
23.For the obligations of the second tithe and the tithe for the poor depend on the years of the Sabbatical cycle.
24.I.e., the way the law has actually been observed.
25.This applies whether the Jubilee year was observed in its full sense, as in most of the First Temple era, or it was merely counted as throughout the Second Temple era.
26.The tribes of Reuven and Gad and half of the tribe of Menashe were exiled approximately 18 years before the remaining seven and a half tribes. They in turn were exiled approximately 130 years before the destruction of the Temple and exile of the tribe of Judah.
27.For each tribe was given an ancestral heritage of its own.
28.With regard to the freeing of Hebrew servants.
29.I.e., it is the presence of the Jewish people in the land and not the existence of the Temple which determines the land's sanctity.
30.See Hilchot Avadim, ch. 1-2.
31.The laws governing the latter three subjects are described in Chapters 12 and 13.
32.I.e., if a gentile accepts the observance of the Seven Laws Given to the Descendants of Noah, he is granted the right to dwell in Eretz Yisrael. See Hilchot Avodat Kochavim 10:6; Hilchot Melachim 8:10-11.
33.See Chapter 9, Halachah 3, with regard to the nullification of debts. With regard to the observance of the Sabbatical year, the Rambam's statements are the subject of a difference of opinion among the commentaries. Our translation follows the version of the text suggested by Rav Yosef Corcus which is accepted by Rav Shabsi Frankel. It is also the conception followed by the Sefer HaChinuch (mitzvah 331). The Kessef Mishneh, however, interprets the text differently, reading the last line as: "with the exception of the Sabbatical year in Eretz [Yisrael] and, according to Rabbinic Law, the nullification of debts." Some commentaries have suggested that the Rambam's statements in Sefer HaMitzvot (positive mitzvah 135) support this interpretation. Most other Rishonim follow the conception that the observance of the Sabbatical Law is a Rabbinic ordinance in the present era. See also Chapter 12, Halachah 16, and notes and Hilchot Terumah 1:26 and notes.
34.Yom Kippur.
35.Sefer HaMitzvot (positive commandment 137) and Sefer HaChinuch (mitzvah 331) includes this commandment among the 613 mitzvot of the Torah. This mitzvah also includes setting the servants free, as the Rambam mentions in his listing of the mitzvot at the beginning of these halachot.
Sefer Hamitzvot, loc. cit., states that, thematically, this sounding of the shofar differs from the sounding of the shofar on Rosh HaShanah. On Rosh HaShanah, the shofar is sounded as "a remembrance before God." In the Jubilee, by contrast, the sounding of the shofar is the proclamation of freedom required by the Torah.
The commentaries note that this difference is also reflected in the wording used to describe the commandments. With regard to the sounding of the shofar on Rosh HaShanah, the Rambam (Sefer HaMitzvot, positive commandment 170, Hilchot Shofar 1:1) states the mitzvah is to hear the sounding of the shofar, while here he states that the mitzvah is to sound the shofar.
36.I.e., first, the shofar is sounded in the High Court (the Sanhedrin of 71 judges) and then it should be sounded by every individual.
37.I.e., the verse uses two forms, the first singular, and the second plural, for the same verb. On this basis, it is derived that first, the shofar is sounded by the court for the people as a unified entity, and then, it is sounded by each person individually. See Rosh HaShanah 30a, 34a.
38.I.e., sounding three series of tekiah, shevarim, teruah, tekiah blasts. See Hilchot Shofar, ch. 3, for details.
39.The Or Sameach interprets this phrasing to mean that although the Jubilee is observed in the Diaspora, the shofar is not sounded there.
40.See Hilchot Shofar 1:1.
41.I.e., even when Yom Kippur falls on the Sabbath.
42.I.e., the Sanhedrin of 71 judges.
43.I.e., an ordinary local court.
44.See Hilchot Shofar 2:8-9.
45.I.e., if these three mitzvot are not fulfilled, the Jubilee year is not granted its sanctity (Rosh HaShanah 9b).
46.This would appear to refer to the sounding of the shofar by the High Court, and not its sounding by every individual.
47.A Hebrew servant is granted his freedom in the Jubilee year, whether he was sold into slavery on his own initiative or by the court and even if he willingly extended his servitude, as Leviticus 25:40 states: "Until the Jubilee year, he will work with you." See Hilchot Avadim, ch. 2.
48.As described in the following chapter.
49.Even though the laws of the Jubilee year do not take effect until the sounding of the shofar on Yom Kippur, the sanctity of the year begins on Rosh HaShanah [the Rambam's Commentary to the Mishnah (Rosh HaShanah 1:1)].
50.Lest the shofar not be sounded in the court and thus the laws of the Jubilee year not apply, as stated in the previous halachah.
51.For the likelihood is that it will be sounded.
52.Even though the laws of the Jubilee year do not take effect until the sounding of the shofar on Yom Kippur, the sanctity of the year begins on Rosh HaShanah [the Rambam's Commentary to the Mishnah (Rosh HaShanah 1:1)].
53.We have used this translation because both work with the land and work with trees are forbidden in the Sabbatical year. See Chapters 1 and 2 above.
54.By both Rabbinic and Scriptural Law.
55.See Chapter 1, Halachah 2.
Sefer HaMitzvot (negative commandments 224-226) and Sefer HaChinuch (mitzvot 333-335) include the prohibitions against working the land, harvesting the aftergrowth of crops, and harvesting fruit in the Jubilee year among the 613 mitzvot of the Torah.
56.I.e., the respect given to the produce of the Sabbatical year, as explained in Chapter 5.
57.See Chapter 6.
58.See Chapter 7.
59.As related in Chapter 9.
60.See Leviticus 25:23-28.
61.Sefer HaMitzvot (positive commandment 138) and Sefer HaChinuch (mitzvah 340) includes this commandment among the 613 mitzvot of the Torah. This mitzvah is described at the beginning of the following chapter.
62.On Yom Kippur, as stated in Halachah 14.
63.As stated in Chapter 9, Halachah 4.
Shemita - Chapter 11
Halacha 1
[The portions of] Eretz Yisrael that were divided among the tribes1 can never be sold permanently, as [Leviticus 25:23] states: "The land will not be sold in perpetuity." If one sells the land in perpetuity, both [the buyer and the seller] violate a negative commandment.2 Their deeds are of no consequence,3 and the land reverts to its [original] owner in the Jubilee year.
Halacha 2
When a person sells his field for 60 years, it is not returned in the Jubilee.4 For [the only property] that returns in the Jubilee year is property that is sold without qualification or property that is sold in perpetuity.
Halacha 3
A person should not sell his home or his ancestral field even though it returns to him eventually, unless he becomes impoverished, as [Leviticus 25:25] states: "If your brother becomes indigent and sells his ancestral heritage." One is not permitted to sell [such property] and hold the money in his pocket, engage in commerce with them, or purchase utensils, servants, or livestock. [He is only allowed to] sell to provide himself with sustenance. [Nevertheless,] if one transgressed and sold [such property], the sale is valid.
Halacha 4
Judgments are made with regard to a home in accordance with the laws of a walled city,5 and with regard to a field in accordance with the laws of a field that is an ancestral heritage.6 The laws of a person who sells a field that is an ancestral heritage [require] the calculation of the years remaining until the Jubilee. Whenever [the original owner] desires to redeem the field he should make a reckoning with the purchaser with regard to the years from which he benefited from the field and reduce that from the purchase price and return the remainder.7
Halacha 5
What is implied? There remained ten years until the Jubilee and a field was sold for 100 dinar.8 The purchaser benefited from the field for three years and then the seller desired to redeem his field. He should give him 70 dinar and then [the seller] should return the field. Similarly, if he benefited from the field for six years, he should give him 40 dinar and then [the seller] should return the field. If he did not redeem it, but instead left it in the purchaser's possession until the Jubilee, and then it should return to the owner without money, as [indicated by Leviticus 25:15]: "According to the number of years of [its] crops, he will sell it to you."
Halacha 6
If he sold it to him when it was filled with produce and then he redeemed it after two years, he cannot tell him: "Return it to me filled with produce as it was when I sold it to you." Therefore if he sold it to him filled with produce before Rosh HaShanah and redeemed it after two years, the purchaser will have benefited from three harvests in those two years. Nevertheless, [the reduction of the price] is calculated only according to two years, as [implied by ibid. 27:18:9 "the priest shall calculate the money...] according to the remaining years," [i.e., the calculation is made according to years,] and not according to crops.10
Halacha 7
The shoots, the twigs, and the fruits from the wild fig trees contained within it belong to the purchaser like its other produce.11 If, however, [the branches of a tree] are cut down12 or it dries,13 they are both forbidden to benefit from it.14 What should be done? It should be sold and land purchased with the proceeds. The purchaser is entitled to benefit from that land until the [original] field is redeemed from him.
Halacha 8
If a person purchases a field that is an ancestral heritage and plants trees15which increase the value [of the field], when it returns [to its original owner] in the Jubilee, we should evaluate the increase in value brought about by the trees in it and the owner of the field must pay this sum to the purchaser. [This is derived from ibid. 25:33]: "A home that was sold shall go out... [in the Jubilee]." [Implied is that the home] is returned, but not the increase in its value.
Halacha 9
When a person sells his field in the era when the Jubilee year is observed as we explained, he is not permitted to redeem it in less than two years, as [ibid.:15] states: "According to the number of years16 of [its] crops, he will sell it to you." Even if the purchaser was willing [to return it earlier], it is forbidden, as [the same verse] states: "According to the number of years17 after the Jubilee shall you purchase it from your colleague." [The purchaser must maintain possession for] at least two years from the date of the sale.18
Halacha 10
The purchaser must benefit from two crops in these two years and then [the seller] may redeem it, for it is written "years of its crops." Therefore if one of the two years were the Sabbatical year19 or a year of windblast or blight,20 they are not included in the reckoning.
Halacha 11
If, however, the purchaser left it fallow one year and then benefited from it in the second year or benefited from it one year and then lightly plowed it, but did not sow it in the following year, [these years] are included in the reckoning.21 If he sold it in the Jubilee itself, the sale is not binding and the money should be returned to the seller.22
Halacha 12
If he sold it one year before the Jubilee, the purchaser benefits from it for a second year after the Jubilee,23 as [implied by the phrase]: "years of its crops."
Halacha 13
If he sold clefts that were filled with water or rocky [land] that was not fit to sow upon, he may redeem them in less than two years, as [implied by the phrase]: "years of its crops." One might infer that it is only a field that is fit to grow crops that is not redeemed in less than two years. [Nevertheless,] if the original owner did not redeem [this land], it returns to him in the Jubilee even though it is not fit to be sown.24
Halacha 14
If he sold [fruit-]trees,25 they may not be redeemed in less than two years, for they are fit to produce crops. If he did not redeem them, they are not returned to the owner in the Jubilee, as [implied by ibid.:27]: "he shall return to his ancestral heritage." [This excludes] trees.26
Halacha 15
If a person sold his field to one person, that person sold it to a second, the second to a third - even if there were 100 consecutive sales - in the Jubilee, it returns to its original owner, as [implied by Leviticus 27:24]: "In the Jubilee year, the field will return to the one from whom he purchased it, whose ancestral heritage it was."27
Halacha 16
If [the owner] sold it to the first purchaser for 100 dinarim and [the latter] sold it to the second for 200, should the original owner desire to redeem it, he makes a reckoning only with the first purchaser, as [ibid. 25:27] states: "[And return the remainder] to the man to whom he sold it."28 If [the owner] sold it to a person for 200 and [the latter] sold it for 100, [the owner] makes a reckoning with the final [purchaser].29
Similarly, if he sold the field for 100 and it increased in value30 in the possession of the purchaser until it was appropriate to be sold for 200, the reckoning should be made according to the purchase price. If he sold it for 200 and its value diminished31 and it is now fit to be sold for 100, the reckoning should be made according to its present value. [The general principle is:] We always augment the legal power of the seller of an ancestral heritage and weaken the legal power of the purchaser.
Halacha 17
When a person sells a field that is an ancestral heritage, but he also possesses other fields and sells some of those other fields to redeem [his ancestral heritage] that he sold, his [request to redeem the field] is not heeded, for [ibid.:26] states: "And he attained enough to redeem it." [We can infer that] he must attain something that was not accessible to him at the time he sold it. Similarly, if he borrowed [money] to redeem [the field], his [request] is not heeded, for that verse states: "And he acquired." [Implied is that he must obtain the means on his own], not through a loan.
Halacha 18
If he attained a small amount [of resources] and desired to redeem half the field he sold, his [request] is not heeded, for that verse states: "enough to redeem it." Either he redeems the entire [field] or he does not redeem at all.
If a relative desired to redeem it, he may, as [ibid.:25] states: "And his redeemer who is related to him shall come...."32
Halacha 19
When a person gives his field away as a present, it returns to him in the Jubilee, as [ibid.:13] states: "Each man shall return to his ancestral heritage." This includes one who gave [it away as] a present.33
Halacha 20
Brothers who divide [an inheritance] are considered as purchasers34 and each one should return his portion to the other in the Jubilee, but their division is not nullified.35 Similarly, a firstborn36 and one who performs yibbum with his brother's wife,37 return the portion that they received in the Jubilee and take another portion instead of it.
Halacha 21
[Different rules apply with regard to a husband] who inherits his wife's [property]. Although a husband's inheritance of this property is a Rabbinic ordinance,38our Sages reinforced their decree as if it were of Scriptural origin and he is not required to return it [to the women's family] in the Jubilee year.39 If he inherited a [family] cemetery from her, he should return it to her family members lest this blemish [the reputation of] the family.40 They should pay him its worth after deducting the value of his wife's grave, for he is obligated to bury her.41
FOOTNOTES
1.For the entire passage speaks about an "ancestral heritage," i.e., land given to a person's ancestors when the land was originally divided among the tribes (Radbaz). This excludes Jerusalem which was never divided among the tribes (Rambam LeAm).
2.Sefer HaMitzvot (negative commandment 227) and Sefer HaChinuch (mitzvah 339) include the commandment for the land not to be sold in perpetuity among the 613 mitzvot of the Torah.
3.For whenever a person acts in violation of Torah Law, his deeds are of no avail (Temurah 4b). Since their deeds are of no consequence, they are not punished by lashes (Mishneh LiMelech).
4.Even though a Jubilee year will definitely fall within the span of the sale.
5.As explained in the following chapter. Sefer HaMitzvot (positive commandment 139 and Sefer HaChinuch (mitzvah 3410) include the commandment to carry out the laws pertaining to a walled city among the 613 mitzvot of the Torah.
6.Sefer HaMitzvot (positive commandment 138) and Sefer HaChinuch (mitzvah 340) include the command to enable a field to be redeemed or for it to be returned to its owner in the Jubilee year among the 613 mitzvot of the Torah.
7.As the Rambam explains in the following halachah, the sale of such a field is considered as a rental agreement until the Jubilee year, with the purchase price being divided equally among the years remaining until the Jubilee. Thus each year has a set value. If the seller wants to redeem his field, he must pay back the money for the remaining years.
8.Thus the right to use the field was sold for 10 dinar a year.
9.Although this verse is speaking about the consecration of a field and its redemption from the Temple treasury, Arichin 29b-30a explains that the same principles should be applied to a sale to a private person.
10.As one might conclude from Leviticus 25:15 as cited in the previous halachah.
11.For these are considered as temporary benefits which the field regularly produces.
12.Our translation is based on the Rambam's Commentary to the Mishnah (Kilayim 2:5). See also the Kessef Mishneh to Chapter 1, Halachah 15.
13.And thus it has value only to be cut down as firewood.
14.The purchaser is forbidden to benefit from it alone, because the tree is considered as part of the permanent features of the field and thus was not included in the original sale. On the other hand, the owner cannot take the entire benefit for himself, for the purchaser is entitled to benefit from it for the duration of his ownership of the property.
15.If, however, the body of the land itself increases in value, that increase is not granted to the purchaser. See Halachah 16.
16.The use of the plural form implies that the sale must be for at least two years.
17.If, however, the body of the land itself increases in value, that increase is not granted to the purchaser. See Halachah 16.
18.I.e., he cannot redeem it until the same date two years later. We do not count the years as beginning from Rosh HaShanah, but from the date of the sale.
19.When it is forbidden to sow a field.
20.Which prevented crops from growing in the entire land (Bava Metzia 106a).
21.Since crops could have grown during those years, and he chose not to sow the land on his own, they are considered "years of its crops." The Kessef Mishneh states that this law also applies if the purchaser leaves it fallow for two years. The Radbaz, however, does not accept this conclusion.
22.Arachin 29b explains that this is a logical conclusion. If the advent of the Jubilee causes a field that was sold to be returned to its original owners, it will certainly prevent the sale of one that was not sold as of yet from taking effect.
23.As implied by the phrase "years of its crops," a sale must take effect for at least two years. Hence, the Jubilee does not nullify this sale and the land remains his for one year after the sale. Kin'at Eliyahu notes that since a Jubilee is always preceded by a Sabbatical year (when the purchaser cannot benefit from it), the land must have been sold two years before the Jubilee.
24.For such land is still called "his ancestral heritage" (Arachin 14b).
25.The bracketed addition is based on the gloss of the Radbaz who explains that this law would not apply to non-fruit trees. They could be redeemed within the two years. He also explains that the seller must have specifically stated that the sale does not include the land. Otherwise, a certain amount of land is automatically included as stated in Hilchot Mechirah 24:1-2. See also the notes to Hilchot Arichin 4:25.
26.For the term "ancestral heritage" implies land.
27.Although the verse is speaking about the return of a purchased field that was consecrated, similar principles apply even if the field was not consecrated.
28.That purchaser must reimburse the person to whom he sold the field. Although the profit of the purchaser/seller is minimized according to the number of years remaining to the Jubilee, he still retains the profit for the years the sale was viable.
29.I.e., the owner need not compensate the purchaser/seller for his loss.
30.This is referring to an increase that comes about because of market fluctuations and not as a result of improvements made by the purchaser as indicated by Halachah 8 (Radbaz).
31.Here also, the Rambam is speaking about a decrease as a result of market fluctuations. Needless to say, the same law would apply if the value of the land was reduced because of the purchaser's actions.
32.The classic example of this is the redemption of the field sold by Elimelech by his relative, Boaz, as described at the conclusion of the book of Ruth.
33.As the Radbaz mentions, in several sources (e.g., Chapter 12, Halachah 4), we find the principle that a present is considered as a sale. [Kin'at Eliyahu asks: If so, why is the prooftext necessary?]
34.I.e., we consider it as if they sold the share the other received in return for the share that they received. We do not apply the principle of bereirah, i.e., consider the portion received as the portion destined for them at the outset (Bechorot 52b).
35.I.e., there is no need to nullify the entire division and recalculate. Instead, it is sufficient to merely exchange portions (Kessef Mishneh).
36.Who receives a double share of the inheritance. From the wording of Deuteronomy 21:17, our Sages conclude that this double portion is given to the firstborn as a present. Hence, since a present is considered as a sale, the share is returned and the inheritance redivided [the Rambam's Commentary to the Mishnah (Bechorot 9:11)].
37.And is therefore given his brother's share of the inheritance (Hilchot Nachalot 3:7). He is also called a "firstborn" (Deuteronomy 25:6) and thus the concepts mentioned in the previous note apply to him.
38.See Hilchot Ishut 12:3; Hilchot Nachalot 1:8, 6:8.
39.I.e., he is considered as a single heir and not as a purchaser.
40.As the Maggid Mishneh states in his gloss to Hilchot Mechirah 24:17, it is an embarrassment for the members of a family that their relatives will not be buried in the family plot.
41.See Hilchot Ishut 12:2,4.
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Hayom Yom:
• Wednesday, Sivan 6, 5774 • 04 JUne 2014
"Today's Day"
Wednesday, Sivan 6, 1st Day of Shavuot, 5703
During The Torah-reading of the Ten Commandments, stand and face the sefer Torah. Akdamut (p. 400) is not said.
Torah lessons: Chumash: Nasso, Revi'i with Rashi.
Tehillim: 35-38.
Tanya: Likutei Amarim (p. 283)...blessed and exalted. (p. 285).
The Baal Shem Tov passed away on Wednesday, the first day of Shavuot, 5520 (1760) and is interred in Mezibuz. The Alter Rebbe Commented (on Wednesday, the 20th of Kislev 5559 (1798) in Petersburg): "On the fourth day the luminaries were taken away."1
FOOTNOTES
1. On the fourth day of Creation (Wednesday), the luminaries (sun, moon and stars) were hung (nitlu with a tav) in the expanse of the heaven. The Rebbe's comment is based on reading nitlu with a tet ("taken away") instead of a tav.
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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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Chabad - Today in Judaism - TODAY IS: THURSDAY, SIVAN 7, 5774 • JUNE 5, 2014 - SHAVUOT 2ND DAY
TODAY'S LAWS & CUSTOMS:
• SECOND DAY OF SHAVUOT
Outside of the Land of Israel, Shavuot is observed for a 2nd day today.
Links: Shavuot
• YIZKOR
Yizkor, the remembrance prayer for departed parents, is recited today after the morning reading of the Torah.
Links:
The Yizkor Prayer
Honor Due to Parents
On Breavement and Mourning
• SANCTIFICATION OF THE MOON
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
TODAY IN JEWISH HISTORY:
• GER TZEDEK OF VILNA BURNED AT THE STAKE (1749)
Avraham ben Avraham, the famed "Ger Tzedek" (Righteous Convert) of Vilna, was born as Valentin Potozki, the son of Count Potocki, one of the richest landowners in Poland. As a student in Vilna he discovered Judaism and decided to convert -- a capital offense in most countries in Christian Europe at the time. He fled to Amsterdam where he secretly converted to Judaism, assuming the name Avraham ben Avraham ("Abraham the son of Abraham").
Years later he returned to Vilna, where he was eventually recognized as the missing son of Count Potocki and arrested by the church. He refused to renounce his faith and was sentenced to death. He was burned at the stake in Vilna on the 2nd day of Shavuot of 1749.
Link: The Ger Tzedek of Wilno
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Behaalotecha, 5th Portion Numbers 10:11-10:34 with Rashi
• Chapter 10
11. On the twentieth of the second month in the second year, the cloud rose up from over the Tabernacle of the Testimony. יא. וַיְהִי בַּשָּׁנָה הַשֵּׁנִית בַּחֹדֶשׁ הַשֵּׁנִי בְּעֶשְׂרִים בַּחֹדֶשׁ נַעֲלָה הֶעָנָן מֵעַל מִשְׁכַּן הָעֵדֻת:
Of the second month: Hence, you say that they spent twelve months minus ten days at Horeb, for on the first day of [the month of] Sivan, they encamped there, and did not travel until the twentieth of Iyyar of the following year.
בחדש השני: נמצאת אומר שנים עשר חודש חסר עשרה ימים עשו בחורב, שהרי בראש חודש סיון חנו שם ולא נסעו עד עשרים באייר לשנה הבאה:
12. The children of Israel traveled on their journeys from the Sinai desert, and the cloud settled in the desert of Paran. יב. וַיִּסְעוּ בְנֵי יִשְׂרָאֵל לְמַסְעֵיהֶם מִמִּדְבַּר סִינָי וַיִּשְׁכֹּן הֶעָנָן בְּמִדְבַּר פָּארָן:
On their journeys: In accordance with the regulations set down for the traveling of their banners which should be first and which should be last.]
למסעיהם: כמשפט המפורש למסע דגליהם מי ראשון ומי אחרון:
In the desert of Paran: Kivroth HaTa’avah was in the desert of Paran, and that is where they camped after this journey.
במדבר פארן: קברות התאוה במדבר פארן היה ושם חנו ממסע זה:
13. This was the first journey at God's bidding through Moses. יג. וַיִּסְעוּ בָּרִאשֹׁנָה עַל פִּי יְהֹוָה בְּיַד משֶׁה:
14. The banner of the camp of Judah's children traveled first according to their legions. Heading the legion was Nahshon the son of Amminadab. יד. וַיִּסַּע דֶּגֶל מַחֲנֵה בְנֵי יְהוּדָה בָּרִאשֹׁנָה לְצִבְאֹתָם וְעַל צְבָאוֹ נַחְשׁוֹן בֶּן עַמִּינָדָב:
15. Heading the legion of the tribe of the children of Issachar was Nethanel the son of Zuar. טו. וְעַל צְבָא מַטֵּה בְּנֵי יִשָּׂשכָר נְתַנְאֵל בֶּן צוּעָר:
16. Heading the legion of the tribe of the children of Zebulun was Eliab the son of Helon. טז. וְעַל צְבָא מַטֵּה בְּנֵי זְבוּלֻן אֱלִיאָב בֶּן חֵלֹן:
17. The Tabernacle was dismantled, and the sons of Gershon set out, [together] with the sons of Merari who carried the Tabernacle. יז. וְהוּרַד הַמִּשְׁכָּן וְנָסְעוּ בְנֵי גֵרְשׁוֹן וּבְנֵי מְרָרִי נֹשְׂאֵי הַמִּשְׁכָּן:
The Tabernacle was dismantled: Once the banner of Judah had set out, Aaron and his sons went in, took down the parocheth curtain and covered the Ark with it, as it says, “When the camp is about to travel, Aaron and his sons shall come” (4:5). The sons of Gershon and the sons of Merari dismantled the Tabernacle and loaded it on wagons. The Ark and the holy utensils, which were carried by the sons of Kohath, stood covered and were placed on poles, until the banner of the camp of Reuben set out. Following this,“the Kohathites… set out” (verse 21).
והורד המשכן: כיון שנוסע דגל יהודה נכנסו אהרן ובניו ופרקו את הפרכת וכסו בה את הארון, שנאמר (במדבר ד, ה) ובא אהרן ובניו בנסוע המחנה, ובני גרשון ובני מררי פורקין המשכן וטוענין אותו בעגלות ונוסעים, והארון וכלי הקדש של משא בני קהת עומדים מכוסין ונתונין על המוטות עד שנסע דגל מחנה ראובן, ואחר כך ונסעו הקהתים:
18. Then the banner of the camp of Reuben set out according to their legions. Heading its legion was Elitzur the son of Shdeur. יח. וְנָסַע דֶּגֶל מַחֲנֵה רְאוּבֵן לְצִבְאֹתָם וְעַל צְבָאוֹ אֱלִיצוּר בֶּן שְׁדֵיאוּר:
19. Heading the legion of the tribe of the children of Simeon was Shelumiel the son of Zurishaddai. יט. וְעַל צְבָא מַטֵּה בְּנֵי שִׁמְעוֹן שְׁלֻמִיאֵל בֶּן צוּרִישַׁדָּי:
20. Heading the legion of the tribe of the children of Gad was Eliasaph the son of Reuel. כ. וְעַל צְבָא מַטֵּה בְנֵי גָד אֶלְיָסָף בֶּן דְּעוּאֵל:
21. The Kohathithes, who carried the holy [equipment] set out, and they had erected the Tabernacle before they had arrived. כא. וְנָסְעוּ הַקְּהָתִים נֹשְׂאֵי הַמִּקְדָּשׁ וְהֵקִימוּ אֶת הַמִּשְׁכָּן עַד בֹּאָם:
Carried the holy: They carried the sacred equipment.
נשאי המקדש: נושאי הדברים המקודשים:
And they had erected the Tabernacle: The sons of Gershon and the sons of Merari, who had preceded them [the Kohathites] by the departure of two banners [their own and Reuben’s], erected the Tabernacle as soon as the cloud settled. The signal for camping was seen in the camp of Judah, and when they encamped, the sons of Kohath were still traveling behind them, with the last two banners [Ephraim and Dan]. The sons of Gershon and Merari erected the Tabernacle so that when the sons of Kohath arrived, they found it set up. They brought in the Ark, the Table, the Candelabrum and the altars. This is the meaning of the verse: Those who erected the Tabernacle erected it עַד, [that is,] before the arrival of the Kohathites.
והקימו את המשכן: בני גרשון ובני מררי, שהיו קודמים להם מסע שני דגלים, היו מקימין את המשכן, כשהיה הענן שוכן, וסימן החנייה נראה בדגל מחנה יהודה והם חונים, ועדיין בני קהת באים מאחריהם עם שני דגלים האחרונים, היו בני גרשון ובני מררי מקימין את המשכן, וכשבאים בני קהת מוצאים אותו על מכונו, ומכניסין בו הארון והשלחן והמנורה והמזבחות, וזהו משמעות המקרא והקימו מקימי המשכן אותו עד טרם בואם של בני קהת:
22. Then the banner of the camp of Ephraim set out, according to its legions. Heading its legion was Elishama the son of Amihud. כב. וְנָסַע דֶּגֶל מַחֲנֵה בְנֵי אֶפְרַיִם לְצִבְאֹתָם וְעַל צְבָאוֹ אֱלִישָׁמָע בֶּן עַמִּיהוּד:
23. Heading the legion of the tribe of the children of Menasseh was Gamliel the son of Pedahzur. כג. וְעַל צְבָא מַטֵּה בְּנֵי מְנַשֶּׁה גַּמְלִיאֵל בֶּן פְּדָהצוּר:
24. Heading the legion of the tribe of the children of Benjamin was Abidan the son of Gidoni. כד. וְעַל צְבָא מַטֵּה בְּנֵי בִנְיָמִן אֲבִידָן בֶּן גִּדְעוֹנִי:
25. Then the banner of the camp of Dan set out, the collector for all the other camps, according to its legions. Heading its legion was Achiezer the son of Amishaddai. כה. וְנָסַע דֶּגֶל מַחֲנֵה בְנֵי דָן מְאַסֵּף לְכָל הַמַּחֲנֹת לְצִבְאֹתָם וְעַל צְבָאוֹ אֲחִיעֶזֶר בֶּן עַמִּישַׁדָּי:
The collector for all the other camps: The Jerusalem Talmud [states]: Because the tribe of Dan was numerous they traveled last, and if anyone had lost anything, they would [find it and] return it to him. There is an opinion that they traveled in box-like formation, and he derives this from the [the words], “Just as they camp so shall they travel” (2:17). Another opinion is that they traveled in the form of a beam, and he derives this from [the words], “collector for all the camps.”
מאסף לכל המחנות: תלמוד ירושלמי לפי שהיה שבטו של דן מרובה באוכלוסין היה נוסע באחרונה וכל מי שהיה מאבד דבר היה מחזירו לו. אתיא כמאן דאמר כתיבה היו מהלכין, ומפיק לה מן (במדבר ב, יז) כאשר יחנו כן יסעו. ואית דאמרי כקורה היו מהלכין ומפיק לה מן מאסף לכל המחנות:
26. Heading the legion of the tribe of the children of Asher was Pagiel the son of Ocran. כו. וְעַל צְבָא מַטֵּה בְּנֵי אָשֵׁר פַּגְעִיאֵל בֶּן עָכְרָן:
27. Heading the legion of the tribe of the children of Naphtali was Ahira the son of Enon. כז. וְעַל צְבָא מַטֵּה בְּנֵי נַפְתָּלִי אֲחִירַע בֶּן עֵינָן:
28. These are the travels of the children of Israel according to their legions, and then they traveled. כח. אֵלֶּה מַסְעֵי בְנֵי יִשְׂרָאֵל לְצִבְאֹתָם וַיִּסָּעוּ:
These are the travels: This is the order in which they traveled.
אלה מסעי: זה סדר מסעיהם:
And then they traveled: On that day they set out.
ויסעו: ביום ההוא נסעו:
29. Then Moses said to Hobab the son of Reuel the Midianite, Moses's father-in-law, We are traveling to the place about which the Lord said, I will give it to you. Come with us and we will be good to you, for the Lord has spoken of good fortune for Israel. כט. וַיֹּאמֶר משֶׁה לְחֹבָב בֶּן רְעוּאֵל הַמִּדְיָנִי חֹתֵן משֶׁה נֹסְעִים | אֲנַחְנוּ אֶל הַמָּקוֹם אֲשֶׁר אָמַר יְהֹוָה אֹתוֹ אֶתֵּן לָכֶם לְכָה אִתָּנוּ וְהֵטַבְנוּ לָךְ כִּי יְהֹוָה דִּבֶּר טוֹב עַל יִשְׂרָאֵל:
Hobab: This is Jethro, as it says, “Of the children of Hobab, the father-in-law of Moses” (Jud. 4:11). So what does Scripture mean by saying,“They [the daughters of Jethro] came to their father Reuel” (Exod. 2:18)? It teaches that children call their grandfather, ‘father.’ He had many names: 'Jethro’-because through him a portion was added (יֶתֶר) to the Torah; 'Hobab’-because he loved (חֹבָב) the Torah, etc…. [see commentary to Exodus 18:1].
חובב: הוא יתרו, שנאמר (שופטים ד, יא) מבני חובב חותן משה, ומה תלמוד לומר (שמות ב, יח) ותבאנה אל רעואל אביהן, מלמד שהתינוקות קורין לאבי אביהן אבא. ושמות הרבה [ושני שמות] היו לו יתר על שם שיתר פרשה אחת בתורה. חובב על שחבב את התורה וכו':
We are traveling to the place: Immediately, within three days, we will enter the Land. For on this first journey they traveled with the intention of entering the Land of Israel, but [because] they sinned at the episode of the complainers [they were punished and did not enter the Land until much later]. Why did Moses include himself with them [if he wasn’t going to enter the Land]? Because the decree against him [entering the Land] had not yet been issued, and [at that time] he thought he would enter.
נסעים אנחנו אל המקום: מיד עד שלשה ימים אנו נכנסין לארץ, שבמסע זה הראשון נסעו על מנת להכנס לארץ ישראל, אלא שחטאו במתאוננים. ומפני מה שתף משה עצמו עמהם, שעדיין לא נגזרה גזרה עליו וכסבור שהוא נכנס:
30. He said to him, I won't go, for I will go to my land and my birthplace. ל. וַיֹּאמֶר אֵלָיו לֹא אֵלֵךְ כִּי אִם אֶל אַרְצִי וְאֶל מוֹלַדְתִּי אֵלֵךְ:
To my land and my birthplace: Whether for the sake of my possessions or for the sake of my family.
אל ארצי ואל מולדתי: אם בשביל נכסי, אם בשביל משפחתי:
31. He said, Please don't leave us, for because you are familiar with our encampments in the desert and you will be our guide. לא. וַיֹּאמֶר אַל נָא תַּעֲזֹב אֹתָנוּ כִּי | עַל כֵּן יָדַעְתָּ חֲנֹתֵנוּ בַּמִּדְבָּר וְהָיִיתָ לָּנוּ לְעֵינָיִם:
Please don’t leave us: The word נָא is an expression denoting a request. [He made] this [request] as he didn’t want people to say:“Jethro did not convert out of commitment [for Judaism]; rather, he [thought that proselytes have a portion in the Land. Now that he realizes that they have no portion, he has forsaken them and gone his own way.” - [from Sifrei]
אל נא תעזב: אין נא אלא לשון בקשה, שלא יאמרו לא נתגייר יתרו מחבה, סבור היה שיש לגרים חלק בארץ, עכשיו שראה שאין להם חלק הניחם והלך לו:
For because you are familiar with our encampments in the desert: It is fitting for you to do this [i.e., remain with us] since you are familiar with the places in which we will camp in the desert and you saw the miracles and wonders done for us.
כי על כן ידעת חנתנו במדבר: כי נאה לך לעשות זאת על אשר ידעת חנותנו במדבר וראית נסים וגבורות שנעשו לנו:
For because you are familiar…: [The expression… כִּי עַל כֵּן] has the meaning of עַל אֲשֶׁר יָדַעְתָּ, [because you know], as in,“because (כִּי עַל כֵּן) I did not give her to my son Shelah” (Gen. 38:26);“for because (כִּי עַל כֵּן) you passed by” (ibid. 18:5);“for because (כִּי עַל כֵּן) they came [under the shade of my roof]” (ibid. 19: 8);“for because (כִּי עַל כֵּן) I have seen your face” (ibid. 33:10).
כי על כן ידעת: כמו על אשר ידעת, כמו (בראשית לח, כו) כי על כן לא נתתיה לשלה בני, כי על כן עברתם (שם יח, ה), כי על כן באו (שם יט, ח), כי על כן ראיתי פניך (שם לג, י):
You will be our guide: The verse has the past tense, [and] as the Targum renders, [it means: all the wonders wrought for us, you have seen with your eyes.] Another explanation: [It is in] the future tense-If anything should be hidden from our eyes, you shall enlighten us [with your guidance]. A further interpretation: You shall be as beloved to us as the pupils of our eyes, as it says, “You shall love the proselyte” (Deut. 10:9).
והיית לנו לעינים: לשון עבר כתרגומו. דבר אחר לשון עתיד, כל דבר ודבר שיתעלם מעינינו תהיה מאיר עינינו. דבר אחר שתהא חביב עלינו כגלגל עינינו, שנאמר (דברים י, יט) ואהבתם את הגר:
32. And if you go with us, then we will bestow on you the good which God grants us. לב. וְהָיָה כִּי תֵלֵךְ עִמָּנוּ וְהָיָה | הַטּוֹב הַהוּא אֲשֶׁר יֵיטִיב יְהֹוָה עִמָּנוּ וְהֵטַבְנוּ לָךְ:
Then we will bestow on you the good: What good did they actually bestow upon him? They said, When Israel apportioned the Land, there was a fertile area of Jericho measuring five hundred by five hundred cubits, and they refrained from allocating it. They said, The one in whose portion the Temple will be built shall take it. Meanwhile, they gave it to the descendants of Jethro, to Jonadab the son of Rehab, as it says, “The sons of Keini, Moses’ father-in-law, went up from the city of dates [namely, Jericho]” (Jud. 1:16). - [from Sifrei]
והיה הטוב ההוא וגו': מה טובה הטיבו לו, אמרו כשהיו ישראל מחלקין את הארץ היה דושנה של יריחו חמש מאות אמה על ת"ק אמה והניחוהו מלחלוק, אמרו מי שיבנה בית המקדש בחלקו הוא יטלנו, בין כך ובין כך נתנוהו לבני יתרו ליונדב בן רכב, שנאמר ובני קני חותן משה עלו מעיר התמרים וגו' (שופטים א, טז):
33. They traveled a distance of three days from the mountain of the Lord, and the Ark of the Lord's covenant traveled three days ahead of them to seek for them a place to settle. לג. וַיִּסְעוּ מֵהַר יְהֹוָה דֶּרֶךְ שְׁלשֶׁת יָמִים וַאֲרוֹן בְּרִית יְהֹוָה נֹסֵעַ לִפְנֵיהֶם דֶּרֶךְ שְׁלשֶׁת יָמִים לָתוּר לָהֶם מְנוּחָה:
A distance of three days: They completed a distance of three days travel in one day, for the Holy One wanted to bring them to the Land immediately. - [from Sifrei]
דרך שלשת ימים: מהלך שלשת ימים הלכו ביום אחד, שהיה הקב"ה חפץ להכניסם לארץ מיד:
The Ark of the Lord’s covenant traveled three days ahead of them: This was the Ark that accompanied them in battle. The broken pieces of the [first set of] Tablets lay in them. It preceded them by three days of travel to prepare for them a place to encamp. - [from Sifrei]
וארון ברית ה' נסע לפניהם דרך שלשת ימים: זה הארון היוצא עמהם למלחמה ובו שברי לוחות מונחים ומקדים לפניהם דרך שלשת ימים לתקן להם מקום חנייה:
34. The cloud of the Lord was above them by day, when they traveled from the camp. לד. וַעֲנַן יְהֹוָה עֲלֵיהֶם יוֹמָם בְּנָסְעָם מִן הַמַּחֲנֶה:
The cloud of the Lord was above them: Seven clouds are recorded in the account of their travels: four from the four sides, one above, one below, and one in front of them which would flatten the high land, raise the hollows and destroy snakes and scorpions - [from Sifrei].
וענן ה' עליהם יומם: שבעה עננים כתובים במסעיהם. ארבע מארבע רוחות, ואחד למעלה, ואחד למטה, ואחד לפניהם מנמיך את הגבוה ומגביה את הנמוך והורג נחשים ועקרבים:
From the camp: From the place where they encamped.
מן המחנה: ממקום חנייתן:
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Tehillim: Psalms Chapters 39 - 43
• Chapter 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
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Tanya: Shaar Hayichud Vehaemunah, beginning of Shaar Hayichud
• Lessons in Tanya
• Today's Tanya Lesson
Thursday, Sivan 7, 5774 • June 5, 2014
Shaar Hayichud Vehaemunah, beginning of Shaar Hayichud
Shaar HaYichud VehaEmunah1
The theme of this treatise, as the Rebbe notes, is stated in its subtitle:
להבין מעט מזעיר מה שכתוב בזהר, דשמע ישראל כו׳ הוא יחודא עילאה, וברוך שם כבוד מלכותו לעולם ועד הוא יחודא תתאה
Let us understand [at least] in a small measure, the statement of the Zohar,2 that3 Shema Yisrael... is yichuda ila‘ah (“higher-level Unity”) and4 Baruch shem kvod malchuto leolam vaed is yichuda tata’ah (“lower-level Unity”). For vaed equals echad through the substitution (and thereby the descent) of letters,5 as stated in the Zohar.
Thus, the object of Shaar HaYichud VehaEmunah will be to understand how it is possible to speak of two different levels of Divine Unity.
וידעת היום והשבות אל לבבך כי ה׳ הוא האלקים בשמים ממעל ועל הארץ מתחת, אין עוד
It is written:6 “Know this day and take it unto your heart that G d is the [mighty and just] L rd in the heavens above and upon the earth below; there is none other.”7
The verse, if understood simplistically, seems to declare that there are no other gods dwelling in heaven or earth.
וצריך להבין. וכי תעלה על דעתך שיש אלקים נשרה במים מתחת לארץ
This requires explanation. For would it occur to you that there is a god dwelling in the waters beneath the earth,
שצריך להזהיר כל כך: והשבות אל לבבך
so that it is necessary to caution so strongly [and negate this thought by stating that one should] “take it unto your heart,” and come to the realization that this is indeed not so?
הנה כתיב: לעולם ה׳ דברך נצב בשמים
It is written:8 “Forever, O G d, Your word stands firm in the heavens.”
ופירש הבעל שם טוב ז״ל
The Baal Shem Tov, of blessed memory, has explained this concept at length, and made it widely known9 that this means:
כי דברך שאמרת: יהי רקיע בתוך המים וגו׳
that “Your word” which you uttered, viz.,10 “Let there be a firmament in the midst of the waters...,”
תיבות ואותיות אלו הן נצבות ועומדות לעולם בתוך רקיע השמים
these very words and letters through which the heavens were created stand firmly forever within the firmament of heaven
ומלובשות בתוך כל הרקיעים לעולם להחיותם
and are forever clothed within all the heavens to give them life,
Note of the Rebbe: “The fact that these words were uttered thousands of years ago presents no problem, — ”
כדכתיב: ודבר אלקינו יקום לעולם
as it is written,11 “And the word of our L rd shall stand firm forever,”
ודבריו חיים וקיימים לעד כו׳
and as it is likewise written,12 “And His words live and stand firm forever....”
This refers not only to those creations such as the heavenly firmament which enjoy a permanent existence, but also to those creatures which perish as individuals, with only their species continuing to exist. In all instances, the Divine life-force which created a particular creature must constantly be vested within it, incessantly creating and vivifying it anew, just as it ceaselessly recreates the heavenly firmament, as shall soon be explained.
כי אילו היו האותיות מסתלקות לרגע, חס ושלום, וחוזרות למקורן
For if the creative letters were to depart even for an instant, G d forbid, and return to their source, that source being the degree of G dliness from whence they emanate,
היו כל השמים אין ואפס ממש, והיו כלא היו כלל
all the heavens would become naught and absolute nothingness, and it would be as though they had never existed at all,
וכמו קודם מאמר: יהי רקיע כו׳ ממש
exactly as before the utterance, “Let there be a firmament.”
Before that Divine utterance the firmament did not exist at all. Were the letters that constitute the Divine utterance to depart from the firmament, it would revert to the state of never having existed at all.
The Alter Rebbe now concludes that this is true not only of the firmament, but of all created beings.
וכן בכל הברואים שבכל העולמות עליונים ותחתונים
And so it is with all created things, in all the upper and lower worlds,
ואפילו ארץ הלזו הגשמית, ובחינת דומם ממש
and even this physical earth and the realm of the completely inanimate.
Even immobile beings that show no signs of animation or spirituality, not even the degree of animation observed in the process of growth in the vegetative world, — even this extremely low life-form constantly harbors within it the Divine life-force that brought it into being.
אילו היו מסתלקות ממנה לרגע, חס ושלום, האותיות מעשרה מאמרות שבהן נבראת הארץ בששת ימי בראשית
If the letters of the Ten Utterances by which the earth was created during the Six Days of Creation were to depart from it but for an instant, G d forbid,
היתה חוזרת לאין ואפס ממש, כמו לפני ששת ימי בראשית ממש
it would revert to naught and absolute nothingness, exactly as before the Six Days of Creation.
וזה שאמר האריז״ל, שגם בדומם ממש כמו אבנים ועפר ומים יש בחינת נפש וחיות רוחנית
This thought was expressed by the AriZal,13 when he said that even within that which appears to be utterly inanimate matter, such as stones or earth or water, there is a soul and spiritual life-force.
דהיינו: בחינת התלבשות אותיות הדבור מעשרה מאמרות המחיות ומהוות את הדומם
That is, i.e, although they evince no demonstrable form of animation, [within them] are nevertheless enclothed the letters of speech from the Ten Utterances which give life and existence to inanimate matter,
להיות יש מאין ואפס שלפני ששת ימי בראשית
enabling it to come into being out of the naught and nothingness that preceded the Six Days of Creation.
The Ten Utterances usher inanimate matter into a state of existence, in contrast to its former state of non-being, prior to the Six Days of Creation. Thus, the letters of the Ten Utterances which cause inanimate matter to be created are its soul and life-force.
ואף שלא הוזכר שם אבן בעשרה מאמרות שבתורה
Now, although the name אבן (“stone”) is not mentioned in the Ten Utterances recorded in the Torah, — how, then, can we say that letters of the Ten Utterances are enclothed within a stone?
אף על פי כן נמשך חיות לאבן על ידי צירופים וחילופי אותיות
nevertheless, life-force flows to the stone from the Ten Utterances by means of combinations and substitutions of their letters,
whereby an alef, for example, may take the place of a hei, since both letters are articulated by the same organ of speech, and so on,
המתגלגלות ברל״א שערים פנים ואחור, כמו שכתוב בספר יצירה
which are transposed in the “two hundred and thirty-one gates,” either in direct or reverse order,14 as is explained in Sefer Yetzirah,15
עד שמשתלשל מעשרה מאמרות ונמשך מהן צירוף שם אבן
so that ultimately the combination of letters [that forms] the name אבן descends from the Ten Utterances, and is derived from them,
והוא חיותו של האבן
and this combination of letters is the life-force of the stone.
וכן בכל הנבראים שבעולם
And so it is with all created things in the world.
The Holy Tongue, the Hebrew of the Torah, was the language used in creation. Thus, all created things are directly affected by their Hebrew names, as well as by the component letters of their names. In this, the Holy Tongue is unlike other, arbitrary languages, the meaning of whose words is the result of mere concensus.
השמות שנקראים בהם בלשון הקודש הן הן אותיות הדבור המשתלשלות ממדרגה למדרגה מעשרה מאמרות שבתורה
The names [of all creatures] in the Holy Tongue are the very letters of speech which descend, degree by degree, from the Ten Utterances recorded in the Torah,
להחיותו על ידי חילופים ותמורות האותיות ברל״א שערים, עד שמגיעות ומתלבשות באותו נברא
by means of substitutions and transpositions of letters through the “two hundred and thirty-one gates,” until they reach a particular created thing and become invested in it, thereby giving it life.
לפי שאין פרטי הנבראים יכולים לקבל חיותן מעשרה מאמרות עצמן שבתורה
This descent is necessary because individual creatures, unlike the more pervasive beings such as the heavens, earth, sun and moon, cannot receive their life-force directly from the actual Ten Utterances recorded in the Torah,
שהחיות הנמשך מהן עצמן גדול מאד מבחינת הנבראים פרטיים
for the life-force issuing directly from them is far greater than the capacity of the individual creatures; i.e., it is far too intense to serve as their life-force.
ואין כח בהם לקבל החיות אלא על ידי שיורד החיות ומשתלשל ממדרגה למדרגה פחותה ממנה, על ידי חילופים ותמורות האותיות
They can receive the life-force only when it descends and is progressively diminished, degree by degree, by means of substitutions and transpositions of the letters,
וגימטריאות, שהן חשבון האותיות
and by means of gematriot, their numerical values,
The life-force may be so muted that it reaches a created being not even through a transposition of letters, but merely through their numerical equivalent.
עד שיוכל להתצמצם ולהתלבש ולהתהוות ממנו נברא פרטי
until [the life-force] can be condensed and enclothed, and a particular creature can be brought forth from it.
וזה שמו אשר יקראו לו בלשון הקדש, הוא כלי לחיות המצומצם באותיות שם זה
And the name by which [the creature] is called in the Holy Tongue is a vessel for the life-force condensed into the letters of that name
שנשתלשל מעשרה מאמרות שבתורה, שיש בהם כח וחיות לברוא יש מאין ולהחיותו לעולם
which has descended from the Ten Utterances recorded in the Torah, that have the power and vitality to create a being ex nihilo and give it life forever.
דאורייתא וקודשא בריך הוא כולא חד
Why does it have the power to do so? — For16 “the Torah and the Holy One, blessed be He, are one.” Just as G d has the ability to create ex nihilo, so too do the Ten Utterances of the Torah.
FOOTNOTES
1. I.e., “The Gate to [the Understanding of] G d’s Unity and the Faith.”
2. I, 18b.
3. I.e., “Hear, O Israel, G d (Havayah) is our L rd (Elokim), G d is one”; Devarim 6:4.
4. I.e., “Blessed be the name of the glory of His kingdom forever and ever”; Pesachim 56a.
5. Zohar II, 134a. Hebrew grammar classifies the letters of the alphabet according to their syntactic functions, their respective sources in the organs of speech, and so on. Within each group, the letters are interchangeable. The letters alef and vav both belong to the group of “connective letters” (otiyot hahemshech), and may thus be interchanged. The letters chet and ayin fall into the category of guttural letters (otiot groniyot), and may likewise be interchanged. Hence אחד is the equivalent of ועד.
6. Devarim 4:39.
7. Note of the Rebbe: “This verse continues the idea of an earlier verse [4:39], which begins with the phrase אתה הראת (‘You have been shown...’), and which refers to the time at which the Torah was given. At that time ‘G d spoke to you...’ (4:12), [with a warning against worshiping any of the components of the created universe]: ‘Lest you become corrupt’ [and worship creatures] of the lowest level, [viz.,] ‘any fish in the water below the earth’ [4:18], or of the highest level, [viz.,] ‘Lest you raise your eyes heavenward...’ [4:19].”
8. Tehillim 119:89.
9. Note of the Rebbe: “As mentioned in Likkutei Torah, beginning of Parshat Acharei, the germ of this concept is to be found in Midrash Tillim [on this verse].”
10.Bereishit 1:6.
11.Yeshayahu 40:8.
12.Liturgy, Morning Prayer.
13.Note of the Rebbe: “See also Etz Chayim, Portal 50 (ch. 2, 10).”
14.Note of the Rebbe: “Enumerated in detail in Sefer HaPardes, Shaar HaTziruf, ch. 5.”
The twenty-two letters of the Hebrew alphabet in two-lettered combinations yield a total of 462 combinations. Of these, half are the exact reverse of the other half, e.g., alef-bet, bet-alef. Hence, there are 231 two-lettered combinations in direct order and the same number in reverse order.
15.Ch. 2:4-5.
16.Cf. Zohar I, 24a; II, 60a.
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Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Thursday, Sivan 7, 5774 • June 5, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 169
A Portion in the Land of Israel for the Tribe of Levi
"The Priests the Levites all the tribe of Levi shall have no portion or inheritance..."—Deuteronomy 18:1.
The tribe of Levi [this includes the priests] are forbidden from taking a tribal portion in the Land of Israel.
A Portion in the Land of Israel for the Tribe of Levi
Negative Commandment 169
Translated by Berel Bell
The 169th prohibition is that all members of the tribe of Levi are forbidden from inheriting a portion of Israel.1
The source of this mitzvah is G‑d's statement2 (exalted be He), "The Levitical priests and the entire tribe of Levi shall not have a portion and an inheritance."
FOOTNOTES
1.In the days of Joshua, Israel was divided up among the various tribes, excluding Levi. The Rambam, Hilchos Shemittah VeYovel, 13:11, holds that the prohibition only covers the portion of Israel promised to Avraham, Yitzchak and Yaakov. They may, however, take a portion of additional lands captured in the past by various Jewish kings.
2.Deut. 18:1.
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Negative Commandment 170
The Levites Benefiting from Conquest Spoils
"The Priests the Levites all the tribe of Levi shall have no portion or inheritance..."—Deuteronomy 18:1.
The tribe of Levi, including the priests, are forbidden from taking a portion of the spoils taken during the conquest of the Land of Israel.
The Levites Benefiting from Conquest Spoils
Negative Commandment 170
Translated by Berel Bell
The 170th prohibition is that all members of the tribe of Levi are also forbidden from taking part of the spoils of war which were taken when Israel was being conquered.
The source of this mitzvah is G‑d's statement1 (exalted be He), "The Levitical priests and the entire tribe of Levi shall not have a portion and an inheritance." The Sifri explains, "The word 'portion' refers to spoils of war. The word 'inheritance' refers to the land."
It is possible for you to question me as follows: "Why did you count these two prohibitions — against taking a portion of the land and against taking part of the spoils — as separate mitzvos? They are included in one statement, and you already explained before2 that a lav she'b'klalus (inclusive prohibition) counts as one single prohibition!"
You must realize that Scripture itself separates the one prohibitive statement into two [in the next verse],3 "And he shall not have an inheritance." They are therefore two separate prohibitions with two separate names: the verse, "The Levitical priests ... shall not have a portion and an inheritance," which prohibits taking part of the spoils, and the verse, "And he shall not have an inheritance," which prohibits taking a portion of the land.
Both parts of this prohibition are repeated regarding the kohanim4 when G‑d (exalted be He) said to Aaron, "You shall not have any inheritance in their land, and you shall not have a portion among them." Our Sages explained5 that "You shall not have any inheritance in their land" refers to when the land was split up; "you shall not have a portion among them," refers to the spoils.
Perhaps you will think that these two prohibitions mentioned regarding the kohanim should be counted as two additional mitzvos. However, you must realize that since the prohibition is stated in general terms — "the entire tribe of Levi" — the kohanim are included. The prohibition was repeated regarding the kohanim for additional stress. The same applies wherever both the general law and a particular application are mentioned. The repetition is either to add stress or6 to complete a law which was not fully described in the one prohibitive statement.
If we would count G‑d's statement to Aaron, "You shall not have any inheritance in their land, and you shall not have a portion among them," as another prohibition in addition to, "The Levitical priests ...", we would similarly have to count the prohibitions of a kohen gadol to marry a divorcee, a chalalah, and a zonah as three more prohibitions in addition to the three which apply equally to all kohanim, whether kohen gadol or regular kohen.
And if someone will counter, "Yes, you should count them separately," we will answer that accordingly, a kohen gadol who marries a divorcee would transgress two prohibitions — one because any kohen may not marry a divorcee, and a second because a kohen gadol may not marry a divorcee. But the Gemara explains in Kiddushin7 that he only transgresses one prohibition. Therefore, it is clear that only the general prohibition is counted, and all other particular prohibitions associated with it come only to teach some particular detail or to complete the law, as we explained in Prohibition 161.8
In this same category belongs the prohibition to the kohanim not to "shave off patches of hair from their heads, nor shave the edges of their beards, nor make gouges in their skin."9 These three prohibitions were already said to the Jewish people in general: "Do not cut off the hair on the sides of your head and do not shave [the edges of your beard];"10 "Do not make a bald patch in the middle of your head for the dead;"11 and "Do not make gashes in your skin."12 They were repeated regarding the kohanim to completely describe the mitzvah, as explained in the end of tractate Makkos,13 where these three laws are explained. If these prohibitions were counted separately for kohanim and were not just given to completely describe the mitzvah, then a kohen would get two sets of lashes — one for being a Jew and one for being a kohen. But this is not the case; he gets one set of lashes just as any Jew would, as we explained in the proper place. You should understand and know this principle.
FOOTNOTES
1.Ibid.
2.Introductory Principle 9.
3.Deut. 18:2.
4.Num. 18:20.
5.Sifri, Num. ibid.
6.See Kapach, 5731, footnote 44, that the Rav Kook edition changed l'chizuk oh l'hashlomas hadin to l'chizuk u'l'hashlomas hadin, as if there is only one. Chavel translates according to the Rav Kook edition, "emphasize and complete."
7.77a.
8.See also P165. Ninth Introductory Principle.
9.Lev. 21:5.
10.Lev. 19:27.
11.Deut. 14:1.
12.Lev. 19:28.
13.20a.
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Positive Commandment 183
Providing Cities for the Levites
"They shall give to the Levites . . . cities to dwell in"—Numbers 35:2.
We are commanded to provide the Levites with cities in Israel in which to dwell—considering that they have no tribal portion in the Land.
These cities given to the Levites also serve as "Cities of Refuge" and provide refuge [to inadvertent murderers] under certain unique conditions.
Providing Cities for the Levites
Positive Commandment 183
Translated by Berel Bell
The 183rd mitzvah is that we are commanded to give cities to the Levites to dwell in since they have no portion in Israel.
The source of this mitzvah is G‑d's statement1 (exalted be He), "Give to the Levites cities in which to live."
These Levitical cities also serve as Cities of Refuge, and therefore provide protection under the proper conditions, as explained in tractate Makkos.2
FOOTNOTES
1.Num. 35:2.
2.10a.
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Negative Commandment 228Switching the Functions of the Levite Cities' Zones
"But the field of the pasture land of their cities may not be sold"—Leviticus 25:34.
The cities that the Israelites grant the Levites each consist of the actual city, surrounding open areas (1,000 cubits to all directions) and then fields around the open areas (2,000 cubits to all directions).
It is forbidden for the Levites to switch these areas. They may not make the space allotted for a city into an open area, an open area into a city, a field into an open area, or an open area into a field.
Switching the Functions of the Levite Cities' Zones
Negative Commandment 228
Translated by Berel Bell
The 228th prohibition is that we are forbidden from selling the open areas surrounding the Levitical cities.
The source of this mitzvah is G‑d's statement,1 "Do not sell the open areas surrounding their cities."
You are aware that Scripture2 grants the Levites cities, open areas and fields. The open areas are 1000 amos wide and an additional 2000 amos beyond that are for fields and vineyards, as explained in tractate Sotah.3 This prohibition forbids the Levites from changing these borders. They may not make the space allotted for a city into an open area; an open area into a city; a field into an open area; an open area into a field. The phrase, "Do not sell" is explained in the Oral Tradition as meaning, "Do not change."
The details of this mitzvah are explained in the end of tractate Erachin.4
FOOTNOTES
1.Lev. 25:34.
2.Num. 35:2-5.
3.27b.
4.33b.
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Positive Commandment 20Building a Temple
"And they shall make for Me a sanctuary"—Exodus 25:8.
We are commanded to build a Sanctuary to serve [G d]. In it we offer sacrifices, burn the eter¬nal flame, offer our prayers, and congregate for the festivals each year.
This is one of the three mitzvot the Jews were commanded to fulfill upon entering the Land—the other two being crowning a king and annihilating Amalek.
Included in this mitzvah are many details—e.g., building a menorah, a showbread table, altars.
Building a Temple
Positive Commandment 20
Translated by Berel Bell
The 20th mitzvah is that we are commanded to build a Sanctuary to serve [G‑d]. In it we offer sacrifices, burn the eternal flame, offer our prayers, and congregate for the festivals each year, as will be explained.1
The source of this mitzvah is G‑d's statement2 (exalted be He), "Make a Sanctuary for Me."
The Sifri3 says, "The Jewish people were commanded three mitzvos upon entering Israel: appointing for themselves a king, building themselves a Sanctuary and wiping out the descendants of Amalek." This wording ["three mitzvos"] shows clearly that building the Sanctuary is counted as a distinct mitzvah.
We have already explained4 that this general term ["Sanctuary"] includes many parts. The Menorah, the Table, the Altar, etc. are all parts of the Sanctuary, everything together is called by the name, "Sanctuary," even though the Torah gives a distinct command for each individual element.
It is possible for one to entertain the thought that G‑d's statement5 regarding the Altar, "Make for Me an earthen Altar," constitutes a mitzvah separate from that regarding the Sanctuary.6 However, the explanation is as follows: The plain meaning of the verse refers to the era when it was permissible to bring sacrifices on a bamah, i.e. when we were allowed to construct an earthen altar and bring sacrifices upon it in any location.7 However, our Sages, may they rest in peace, explained that it is a commandment to build the altar attached to the ground, and that it cannot be moved around as it was in the desert. They explained this verse in the Mechilta of R. Yishmael8: "When you enter Israel, make for Me an altar attached to the ground." If so, this does apply to all generations.9
It — building an altar of stones — is considered an integral part of the Sanctuary. The Mechilta10 explains the verse "If you make for Me an earthen altar," as follows: "R. Yishmael says, 'Wherever the Torah uses the word im (if), it is not obligatory, with three exceptions. One exception is, "If (im) you make for Me an earthen altar," which is obligatory. How do we know it is really obligatory? From the verse,11 "You shall build the altar of Hashem your G‑d with whole stones."' "
All the details pertaining to this mitzvah — i.e. building the Sanctuary, its shape, its divisions, building the Altar, and all its regulations — are explained in the tractate which deals with it specifically, tractate Middos. The shape of the Menorah, the Table, the Golden Table and their placement in the Sanctuary are explained in tractates Menachos12 and Yoma.13
FOOTNOTES
1.See P29, P52, P53, P54.
2.Ex. 25:8.
3.Deut. 12:10.
4.Introductory Principle 12.
5.Ex. 20:24.
6.This is in fact the opinion of the Ramban.
7.Since this was allowed only until the construction of the Holy Temple in Jerusalem, it would not apply for all generations and would not be counted among the 613 mitzvos. See Third Introductory Principle.
8.See Kapach, 5731, footnote 9, from Mechilta D'Rashbi.
9.Therefore, according to the Sages, it does apply for all generations and can be counted among the 613 mitzvos. Which is not the case according to the first interpretation. (See previous footnote.) The Rambam now explains that even according to this explanation, it cannot be counted as a separate mitzvah.
10.Yisro 11, Mishpatim 19.
11.Deut. 27:6.
12.28a; 97a ff.
13.33b.
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Rambam:
• 1 Chapter: Zechiyah uMattanah Zechiyah uMattanah - Chapter Nine Zechiyah uMattanah - Chapter Nine
Halacha 1
When a sh'chiv me'ra instructs those listening to the apportionment of his property: "Do not reveal this gift and do not tell anyone about it until after my death," the gift is binding. It is not considered to be a hidden gift. For at the time when the transfer takes place - i.e., after the testator's death - the testator said: "Reveal the matter."
Halacha 2
A person who apportions his property because of his impending death does not have to say: "Publicize the gift...." Even though it is written without any specific instructions, we do not assume that the intent was that it be hidden.
Halacha 3
When a sh'chiv me'ra says: "Let so and so take all my property," or "...part of my property," or he uses the verb "take hold of," "acquire," "obtain" - they are all expressions connoting a gift. Similarly, if he says "inherit" or "receive as an inheritance," when the intended recipient is fit to inherit the property, the intended recipient acquires it.
Halacha 4
If the sh'chiv me'ra said: "May so and so benefit from my property," "May he stand in it," or "May he be supported by it," the intended recipient does not acquire the property.
Halacha 5
The following rules apply when a sh'chiv me'ra apportions all his property to another person. If he is not fit to inherit the property, he is awarded it as a gift. If he is fit to inherit it, he is awarded it as an inheritance.
When does the above apply? When the intended recipient is one of the dying man's daughters, one of the members of his household, one of his brothers or one of his other heirs. If, however, the dying man gave his entire estate to one of his sons, we assume that he appointed him an executor, as explained above.
Halacha 6
If before a person's death, he was asked: "To whom should your property be given? Perhaps to so and so?", and the dying man answers, "To whom else?" that person is awarded the property. We see whether he is fit to inherit the property. If he is, he is awarded it as an inheritance. If not, he is awarded it as a gift.
Halacha 7
When a convert has a son who was not conceived in holiness, since the son is not considered an heir - as will be explained in the section dealing with this subject - the convert cannot give the son his entire estate as a gift given by a sh'chiv me'ra. This applies to his entire estate and to a portion of his estate.
The rationale is that when speaking about a potential heir, there is no difference whether one uses wording that connotes an inheritance, or wording that connotes a gift. Thus, if in the situation mentioned above one said that the convert's son should acquire the property, it would be as if he inherited his father's estate.
Halacha 8
Therefore, if the dying convert gave his estate as a gift to any other convert as a matnat sh'chiv me'ra, the gift is effective.
Halacha 9
When a sh'chiv me'ra acknowledges that he owes a debt of a particular amount to a given person and asks that it be given to him from his estate, his acknowledgement is of consequence and his request is fulfilled. This principle also applies when he states that a given utensil is an entrusted object belonging to another person and should be returned to him, a particular courtyard belongs to another person, a debt that another person is reputed to owe him is in fact owed to another person, or in any analogous situation.
Even if a convert acknowledges an obligation to a son who was not conceived in holiness, his statements are binding. Indeed, even if a person acknowledged a debt owed to a gentile, the gentile should be repaid.
Halacha 10
When, by contrast, a sh'chiv me'ra orders that a gift be given to a gentile from his estate, we do not heed his words, for it is as if he commanded that a transgression be performed with his property.
Halacha 11
If a dying man says: "My servant, so and so, make him a free man," "I made him a free man," or "Behold he is a free man," we compel the person's heirs to free the servant. The rationale is that a servant is obligated to perform certain mitzvot.
Halacha 12
If a dying man says: "Generate satisfaction for so and so, my maid-servant," satisfaction should be generated for her. She should be given only the type of work she desires out of all the types of work that are known to be performed by servants in that locale.
Halacha 13
When a sh'chiv me'ra apportions all his property to a specific person, and that person says: "I do not desire it," he does not acquire it.
Halacha 14
If the intended recipient remained silent, and then protests, he acquires the property. The rationale is that the words of a sh'chiv me'ra are considered as if they have been already recorded in a legal document and the property already transferred. Thus, once the recipient remains silent, he can no longer retract.
Halacha 15
When a sh'chiv me'ra apportions his property to one person and then changes his mind and apportions his property to another person, the latter person acquires it. For a sh'chiv me'ra has the right to retract until he dies.
The above applies whether he desires to retract the entire amount or only a portion of it, and whether he seeks to retain the property for himself or give it to another person.
Even if he apportioned the property to a person and had someone acquire the property on his behalf, and then apportioned it to another person and had someone acquire the property on his behalf, the latter person acquires it. The rationale is that even when a sh'chiv me'ra has someone acquire the property on the recipient's behalf, the transaction is still considered to be a gift given by a sh'chiv me'ra.
Halacha 16
If, however, a sh'chiv me'ra apportioned his property to a person, had someone acquire the property on the recipient's behalf and then confirmed the transfer with a kinyan, nothing can be done after the kinyan. He cannot retract - neither to give the property to another person nor to retain it for himself. This applies whether he gave his entire estate or only a portion of it.
Halacha 17
When a sh'chiv me'ra retracts part of his apportionment of his estate, the entire apportionment is nullified.
What is implied? If he gave all his property to one person, and confirmed his gift with a kinyan to bolster the recipient's legal power, and then retracted and gave part of his property to another person and confirmed his gift with a kinyan to bolster the second recipient's legal power, the second person acquires the property he was given. The first person does not acquire anything. This applies whether the sh'chiv me'ra recovers or dies.
Halacha 18
The following rules apply when a dying man gives a portion of his estate as a gift and confirms this with a kinyan, and then gives his entire estate to another person and confirms this gift with a kinyan to bolster the recipient's legal power. If the sh'chiv me'ra dies, the first recipient acquires the portion given to him, and the second recipient acquires the remainder. If the sh'chiv me'ra recovers, the first recipient acquires the portion given to him, and the second recipient does not acquire anything.
Halacha 19
When a sh'chiv me'ra consecrates all his property without retaining anything, declares his estate ownerless or divides his estate among the poor -if he recovers, he retracts everything.
Halacha 20
If a person conducts a sale while a sh'chiv me'ra, the sale is binding even if he recovers.
Halacha 21
Different rules apply when by contrast, a dying man sells his entire estate. If the money itself that he received for the estate is still in his possession, he may retract if he recovers. If, however, he has spent the money, he cannot retract.
Halacha 22
The following laws apply when a legal document recording a gift is brought before us, and it does not explicitly state whether the giver was healthy when he gave it, or whether he was a sh'chiv me'ra; the giver claims that he was a sh'chiv me'ra, that he recovered and now desires to retract his gift; the recipient of the gift claims that the giver was healthy and therefore does not have the option of retracting. The recipient must bring proof that the giver was healthy. If he does not find proof, the giver must take a sh'vuat hesset supporting his claim. Afterwards, the landed property remains in the possession of the giver.
Halacha 23
Different rules apply if, however, the gift involved movable property, and that movable property is now in the possession of the recipient. Since the recipient could claim: "The movable property is mine," he is allowed to retain possession of the movable property, provided he takes a sh'vuat hesset that the giver was healthy when he gave this gift.
Halacha 24
The following rule applies when a person dies, and a legal document recording a gift is discovered tied to his thigh. Even though the document is signed by witnesses and mentions that a klnyan was undertaken to bolster the legal power of the recipients, the document is of no consequence. We assume that after the sh'chiv me'ra had it written, he changed his mind and retracted his gift.
Halacha 25
If through the legal document the person transferred ownership over the property to another person, whether he is a legal heir or is not a legal heir, everything stated within takes effect, as is true with regard to all gifts given by a sh'chiv me'ra.
Halacha 26
Similar laws apply when a sh'chiv me'ra has a promissory note composed stating that he owes money to a particular person - to one of his sons or to one of his other heirs - and he entrusts that document to a third party. If he tells that third party: "Hold this in your possession," but does not make any further statement, or tells him: "Leave this until I tell you what to do with it," and dies before making any further statements, the document is of no consequence.
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Rambam:
• 3 Chapters: Shemita Shemita - Chapter 12, Shemita Shemita - Chapter 13, Beis Habechirah Beis Habechirah - Chapter 1
Shemita - Chapter 12
Halacha 1
A person who sells a house in a city surrounded by a wall1 may redeem it throughout a twelve month period from the day2 he sold it whenever he desires, even on the day he sold it. When he redeems it, he returns all the money he received and does not deduct anything from the purchaser.3
Halacha 2
Relatives may not redeem it,4 only the seller himself if he obtains the means. He may sell his property and redeem it,5 but he may not borrow to redeem it, nor may he redeem it partially.6
Halacha 3
If the purchaser dies, [the original owner] may redeem it from his son. Similarly, if the seller dies, his son may redeem it for the duration of the twelve months.7
Halacha 4
If [the seller] sold it to one person and he sold it to another, the reckoning is made from [the date of] the first [sale]. When the first year is concluded, the house is established8 as the property of the [second] purchaser. For the [second] seller9 sold to the second [purchaser] all the rights that will accrue to him [with regard to this property].10 If twelve months pass and it is not redeemed, it is established as the property of the [second] purchaser.
Similarly, if [a person] gave a house as a present and did not redeem it within these twelve months, it is established11 as the property of the recipient of the present.12
Halacha 5
During a leap year, the permanent disposition of the property is not brought about until the end of the year,13 as [Leviticus 25:30] states: "Until a complete year is completed for it." [This wording indicates that] the extra month [of the leap year] is included.
Halacha 6
[The following rules apply when a person] sold two houses, one in the middle of Adar 1 and the other on Rosh Chodesh Adar II. When the month of Adar arrives in the following year,14 the year for the house sold on Rosh Chodesh II is completed.15 The year for the house sold in the middle of Adar I is not completed until the middle of Adar in the following year, for the purchaser took possession in the middle of the extra month [of the leap year].
Halacha 7
If the final day of the twelfth month arrives and [the seller] cannot find the purchaser to redeem his field from him,16 he may deposit his money in the court, break down the door, and enter his home.17 Whenever the purchaser comes, he may take his money.
Halacha 8
When a person consecrates a house in a walled city and another person redeems it from the Temple treasury, when a year passes from the time that it was redeemed from the Temple treasury without it being redeemed by its [original] owner, it becomes established as the property of the one who redeemed it [from the Temple treasury].18 For the Temple treasury does not become the permanent owner, the purchaser does, as [implied by Leviticus 25:30]: "the one who purchases it for his generations."19
Halacha 9
When a person sells a house in a walled city and the Jubilee arrives within the first year after the sale, the house does not revert to its owner in the Jubilee.20 Instead, it remains in the possession of the purchaser until the seller decides to redeem it throughout the year after its sale or it becomes established as the property [of the purchaser] after that year is completed.
Halacha 10
When a person sells a home in a settlement or in a city that is not surrounded by a wall in the appropriate manner,21 he may redeem it according to the advantages that apply with regard to both the redemption of an [ancestral] field and the redemption of a home in a walled city.
What is implied? If he desires to redeem [the home] immediately, he may,22 as is the law with regard to a home [in a walled city]. If the twelve months pass and he does not redeem it, he may redeem it until the Jubilee, as is the law regarding a field.23 When he redeems it, he makes a reckoning with the purchaser and subtracts the value of the benefit he received.24 If the Jubilee arrives without having redeemed it, the house returns [to the owner] without payment, as is the law with regard to fields.
Halacha 11
Any [residential property] within a city's wall, e.g., gardens, bathhouses, and dovecotes, is considered as a house,25 for [ibid.] states: "that are in the city." Fields that are located in the city may be redeemed according to the rules applying to fields outside the city, as [implied the phrase (ibid.)]: "And the house that will be within the city will be established." [This includes] houses and anything resembling houses, not fields.
Halacha 12
When a house is not four cubits by four cubits, it does not become the permanent property of the purchaser like the houses in a walled city.26 A house does not become the permanent property of a purchaser in Jerusalem.27 A house that is built in the wall is not considered as a home in a walled city.28
Halacha 13
When the roofs of a city serve as its walls29 or the sea serves as it wall,30it is not considered as a city surrounded by a wall.31
Halacha 14
A city is not referred to as a walled city unless it has three or more courtyards and in each of the courtyards, it has two or more houses.32 [Moreover,] it must have been surrounded by a wall first and then the courtyards were built in its midst. If, however, a place was settled and afterwards, surrounded [by a wall] or it did not have [at least] three courtyards with [at least] two houses [each], it is not considered as a walled city. Instead, its houses are like the houses of a settlement.33
Halacha 15
We rely only on a wall that surrounded [a city] at the time of the conquest of the land.
What is implied? When a city was not surrounded by a wall at the time when Joshua conquered the land even though it is surrounded now, [the houses in it] are considered as the houses of a settlement. [Conversely,] if a city was surrounded by a wall at the time of Joshua,34 even though it is not surrounded at present, it is considered as walled.35
When the Jews were exiled after the first destruction [of the Temple], the sanctity of the walled cities from Joshua's time were nullified.36 When Ezra ascended at the time of the second entry into the land, all of the walled cities of that time became consecrated. For the entry [into the land] at the time of Ezra, i.e., the second entry, was comparable to the entry at the time of Joshua. Just as [after] their entry at the time of Joshua, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes, so too, [after] their entry in the time of Ezra, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes.37
Halacha 16
Similarly, in the Ultimate Future, upon the third entry to the land,38 we will begin to count the Sabbatical and Jubilee years and sanctify the homes in walled cities, and every place that will be conquered will be obligated in [the separation of] tithes, as [Deuteronomy 30:5]: "And God your Lord will bring you to the land that your ancestors possessed as a heritage and you shall possess." [The verse] equates [the Jews' ultimate] possession with that of their ancestors. Just as when your ancestors took possession of the land as a heritage, they practiced the renewal of all these observances, when you take possession of the land, you should practice the renewal of all these observances.39
FOOTNOTES
1.As stated in Halachah 15, it is not significant whether the city is surrounded by a wall at the present time. Instead, we are speaking about cities that were walled when Joshua conquered Eretz Yisrael.
2.I.e., the year mentioned in the Leviticus 25:29 is not a calendar year, beginning on Rosh HaShanah, but a twelve month period beginning from the day of sale.
3.In contrast to the laws of a field that is an ancestral heritage, as mentioned in Chapter 11, Halachah 4. The return of the purchaser's money in full resembles a loan at interest - for the benefit he had in using the property is comparable to interest paid for the principal - nevertheless, because a sale is involved, there is no prohibition (Arichin 9:3).
4.In contrast to the law regarding an ancestral heritage (Chapter 11, Halachah 18).
5.In contrast to the law regarding an ancestral heritage (ibid.:17).
6.In this, the laws parallel those governing an ancestral field (ibid.:17-18).
7.Arachin 32b derives these concepts from the exegesis of relevant verses.
8.Permanently, for it does not return to the owner in the Jubilee. See the Rambam's Commentary to the Mishnah (Arichin 9:4).
9.Who was also the first purchaser.
10.The Rambam is referring to a difference of opinion in Arichin, loc. cit., whether after twelve months, the house remains in the possession of the second purchaser or reverts to the first. Although one might argue that the Torah specifies that if the house is not redeemed it becomes the property of the first seller, that rationale is not accepted for the reason the Rambam states.
11.Permanently, for it does not return to the owner in the Jubilee. See the Rambam's Commentary to the Mishnah (Arichin 9:4).
12.For as indicated by Chapter 11, Halachah 19, a present is equivalent to a sale.
13.I.e., until the end of a 13 month period.
14.I.e., an ordinary year with only one Adar.
15.For it is a full twelve months after that sale and that sale was made after the extra month of the leap year had been completed.
16.And if that day passes, he will not be able to redeem it.
17.This is an ordinance established by Hillel the Elder to protect the rights of the seller (Arachin 9:4). The rationale is that since the purchaser has no choice whether to accept the money or not, it is sufficient for the money to be deposited in the court for him (Arachin 32a).
18.We are not concerned with the date on which it was consecrated. Instead, it is the date from which it was redeemed from the Temple treasury which concerns us, for that is when it was sold and it is its sale that brings about a change in ownership.
19.I.e., for the sake of his descendants and the Temple treasury does not have descendants (Arachin 32b).
20.The statement (Leviticus 25:30): "It shall not return in the Jubilee" applies both before the house becomes the permanent property of the purchaser and afterwards.
21.Again, what is significant is not the present state of the city, but its state at the time of Joshua's conquest, as stated in Halachah 15.
22.Since the sale involves a house, the seller has this advantage over the seller of a field.
23.For Leviticus 25:31 states that they will be considered as a field.
24.Arachin 33a [quoted by the Rambam's Commentary to the Mishnah (Arachin 9:7)] explains that since the above verse specifies that these homes can be redeemed and that they are returned in the Jubilee, we derive the concept that their redemption involves a reduction of the cost of the field.
25.I.e., it can be redeemed only within a year and does not return in the Jubilee.
26.For a house is not considered a house unless it is at least four cubits by four cubits (Sukkah 3b). This concept applies in several different contacts, for example, the requirement to place a mezuzah (Hilchot Mezuzah 6:1) or to construct a guardrail (Hilchot Rotzeach 11:1).
27.As the Rambam states in Hilchot Beit HaBechirah 7:14, Jerusalem was never divided among the tribes. For that reason, a person can never permanently acquire property there. Instead, houses there are bound by the laws that apply to houses in settlements (see Rashi. Arachin 32b; Bava Kama 82b).
28.Arachin 9:5 records a difference of opinion on this issue between Rabbi Yehudah and Rabbi Shimon. Both of them base their opinion on the exegesis of the Biblical story of Rachab's home in Joshua, ch. 2.
29.Megillah 5b explains that this refers to a situation where the city is not surrounded by a wall, but instead, its houses are built next to each other, so that it appears that it is surrounded by a wall (Rav Yosef Corcus).
30.For example, as in the instance of Tiberias which was surrounded by a wall on one side and the sea on the other.
31.Instead, they are governed by the laws applying to homes in a settlement.
32.Otherwise, it is not large enough to be called a city.
33.Interestingly, the Talmud also mentions these laws with regard to reading a Megilah in a walled city (Megilah 3b), but the Rambam does not quote them there, only here.
34.Arachin 9:6 gives as examples: Ancient Yodefat, Gamla, Chadid, Gedod, and Ono.
35.The Ra'avad differs with the Rambam and maintains that once a city's walls are destroyed, the city loses its unique status. The Radbaz and the Kessef Mishneh explain that the Rambam is referring to the situation in the First Temple era. If a city had a wall at the time of Joshua's conquest, but that wall was torn down, the status of the city did not change throughout that era. See also the Rambam's Commentary to the Mishnah (Arichin 9:6).
36.And the sanctity of the land was nullified, as the Rambam states in Hilchot Beit HaBechirah 6:15, Hilchot Terumah 1:26..
37.As stated in those sources, in contrast to the sanctification in the time of Joshua, the sanctification of the land by Ezra was only Rabbinic in origin. In his Commentary to the Mishnah (loc. cit.), the Rambam states that the cities that were walled at the time of Ezra were given the status of walled cities. From the Radbaz and the Kessef Mishneh, it appears that the cities that were given the status of walled cities by the people who returned with Ezra were cities that were considered walled cities in the era of the First Temple.
38.I.e., when the Jews return to Eretz Yisrael led by Mashiach.
39.The Ra'avad and others question the Rambam's statements, because he accepts the principal (see Hilchot Beit HaBechirah, loc. cit.) that through Ezra's consecration, the land was consecrated until and including the ultimate future. Kina'at Eliyahu suggests a resolution based on the fact that the sanctification of the land by Ezra was only Rabbinic in origin, while the sanctification by Mashiach will have the power of Scriptural Law. Hence, a new sanctification will be necessary.
Shemita - Chapter 13
Halacha 1
Although the tribe of Levi does not have an ancestral portion within Eretz [Yisrael],1 the Jewish people were commanded to give them cities2 to dwell in3 and [additional] residential property.4 The cities include the six cities of refuge and 42 additional cities.5 When cities of refuge will be added in the era of Mashiach,6 all will be given to the Levites.
Halacha 2
[The obligation to give] the non-developed land around the cities is explicitly mentioned in the Torah as being [a radius of] three thousand cubits in every direction from the wall of the city outward, for [Numbers 35:4-5] states: "From the wall of the city onward, 1000 cubits on all sides" and continues: "You shall measure from the outside of the city 2000 cubits on the eastern side." The first thousand are left as [additional] residential property and the 2000 that are measured outside this residential property are for fields and vineyards.
Halacha 3
Every city is given a cemetery outside these boundaries, for they do not bury their dead within their cities, as [implied by ibid.:3]: "The residential area will be for their animals, their property, and all their vital needs." [This land] was given "for their vital needs" and not for burial.7
Halacha 4
In the cities of the Levites, the city itself should not be transformed into an outlying residential area and the outlying residential area should not made part of the city. This outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area, as [Leviticus 25:34] states: "The fields of the residential area of their cities should not be sold."
Halacha 5
According to the Oral Tradition,8 it was taught that the phrase "should not be sold" should be interpreted as "should not be changed."9 Instead, all of the three, field, a residential area, and a city should remain in its original circumstances forever.
Similarly, in the other cities of [Eretz] Yisrael, the outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area. The city itself should not be transformed into an outlying residential area and the outlying residential area should not be made part of the city.
Halacha 6
A person should not destroy his home to make it into a garden, nor should he plant a garden in his ruin, lest one destroy Eretz Yisrael.10
Halacha 7
The priests and the Levites who sold fields from the fields of their cities or homes from the homes in their walled cities do not redeem their property according to the procedures [explained above].11 Instead, they may sell their fields even directly before the Jubilee and redeem them immediately.12 If they consecrated a field, they may redeem it from the possession of the Temple treasury after the Jubilee.13 They may redeem houses in a walled city whenever they desire, even after several years,14 as [Leviticus 25:32] states: "The Levites will have eternal rights of redemption."
Halacha 8
When an Israelite inherits property from his maternal grandfather who was a Levi,15 although he is not a Levite, he may redeem [the property] as if he was a Levite. Since these cities or fields belong to the Levities, they may be redeemed forever. For this law is dependent on [the characteristics of] these places, not of the owners.16
Halacha 9
When a Levite inherits the property of his maternal grandfather who is an Israelite,17 he does not have the redemption rights of a Levite, only those of an Israelite, for the verse "The Levites will have eternal rights of redemption" applies only in the cities of the Levites.
Halacha 10
The entire tribe of Levi are commanded against receiving an inheritance in the land of Canaan,18 and they were commanded against receiving a share in the spoil when the cities are conquered,19 as [Deuteronomy 10:9] states: "The priest and the Levites - the entire tribe of Levi - should not have a portion and an inheritance among Israel." "A portion" [refers to a portion] of the spoil; "an inheritance" refers to [a portion of] the land. And [Numbers 18:20]: "You20 shall not receive a heritage in their land, nor will you have a portion among them," i.e., in the spoil. If a Levite or a priest takes a portion of the spoil, he is punished by lashes.21 If he takes an inheritance in Eretz [Yisrael], it should be taken from his possession.22
Halacha 11
It appears to me23 that the above applies only with regard to the land for which a covenant was established with Abraham, Isaac, and Jacob, their descendants inherited it and it was divided among them. If, however, other lands will be conquered by a king of Israel, the priests and the Levites have the same rights as the entire Jewish people.24
Halacha 12
Why did the Levites not receive a portion in the inheritance of Eretz Yisrael and in the spoils of war like their brethren? Because they were set aside to serve God and minister unto Him and to instruct people at large in His just paths and righteous judgments, as [Deuteronomy 33:10] states:25 "They will teach Your judgments to Jacob and Your Torah to Israel." Therefore they were set apart from the ways of the world. They do not wage war like the remainder of the Jewish people, nor do they receive an inheritance, nor do they acquire for themselves through their physical power. Instead, they are God's legion, as [ibid.:11]: states: "God has blessed His legion" and He provides for them, as [Numbers 18:20] states: "I am your portion and your inheritance."26
Halacha 13
Not only the tribe of Levi, but any one of the inhabitants of the world27whose spirit generously motivates him and he understands with his wisdom to set himself aside and stand before God to serve Him and minister to Him and to know God, proceeding justly as God made him, removing from his neck the yoke of the many reckonings which people seek, he is sanctified as holy of holies.28 God will be His portion and heritage forever and will provide what is sufficient for him in this world like He provides for the priests and the Levites.29 And thus David declared [Psalms 16:5]: "God is the lot of my portion; You are my cup, You support my lot."
Blessed be the Merciful One who provides assistance.
FOOTNOTES
1.I.e, all the other tribes were given portions of the land as an ancestral heritage. Levi was not given such a portion. Indeed, as stated in Halachah 10, a Scriptural prohibition is involved in them receiving such a portion.
2.Sefer HaMitzvot (positive commandment 183) and Sefer HaChinuch (mitzvah 408) include the commandment to provide cities for the Levites among the 613 mitzvot of the Torah.
3.One might infer from this wording (borrowed from Numbers 35:2) that the cities do not belong to the Levites per se. They are merely given the right "to dwell" in them. Nevertheless, from the Rambam's rulings: a) (Hilchot Ma'aser Sheni 11:17) that the Levites must recite the declaration after separating the second tithes for they possess these cities; and
b) his ruling (Hilchot Rotzeach 8:10) that an accidental killer who flees to the cities of the Levites must pay rent, we can conclude that they are the owners of these cities in a way similar to the other tribes' ownership of their ancestral heritages (Likkutei Sichot, Vol. XXV, p. 93).
4.Our translation follows the Rambam's Commentary to the Mishnah (Arachin 9:8) which defines the term migrash as "the settlements close to the city which we refer to as outlying districts where shepherds and workers dwell."
5.Numbers 35:2, 6 states: "Command the children of Israel that they shall give to the Levites... cities for dwelling and residential property.... The cities that you shall give the Levites are the six cities of refuge... and in addition, you shall give 42 cities." The names of these 42 cities are mentioned in Joshua, ch. 21.
Based on Hilchot Rotzeach, loc. cit., Likkutei Sichot, differentiates between the Levites ownership of the 42 cities and their ownership of the cities of refuge. For in Hilchot Rotzeach, the Rambam states that an accidental killer who flees to the cities of refuge need not pay rent. With regard to these cities, the Levites are mere caretakers.
6.In Deuteronomy, ch. 19, the Torah commands the Jewish people to set aside three cities of refuge in the portion of Eretz Yisrael west of the Jordan and three in TransJordan. It then continues (Deuteronomy 19:8-9) states: 'When God will expand your borders... you must add three more cities.' In Hilchot Melachim 11:2, the Rambam refers to this command as a proof of Mashiach's ultimate coming, for "This command was never fulfilled. [Surely,] God did not give this command in vain." Ultimately, there will come an era, the era of Mashiach, when this command will be fulfilled and these cities will be separated. See also Hilchot Rotzeach 8:2-4, 9-10.
7.And additional land must be given for that purpose. Nevertheless, a person who accidentally killed a colleague and who fled to one of these cities should be buried within these cities, as stated in Hilchot Rotzeach 7:3 (Radbaz).
8.See Arachin 33b.
9.Sefer HaMitzvot (negative commandment 228) and Sefer HaChinuch (mitzvah 342) include this commandment with the above interpretation among the 613 mitzvot of the Torah.
10.I.e., the intent should be to make the land a residential center.
11.See Chapter 11 which describes the redemption of a field that is an ancestral heritage. See Chapter 12 which describes the redemption of a home in a walled city.
12.In contrast to the fields of an ancestral heritage that must be sold for at least two years, as stated in Chapter 11, Halachah 9.
In the listing of the mitzvot at the beginning of these halachot, the Rambam mentions giving the Levites the potential to redeem the land as part of the prohibition against selling the lands of the Levite. This enables that mitzvah to be understood in two contexts:
a) the halachic understanding expressed in halachot 4-5, that the status of the properties should not change,
b) the simple understanding of the verse, that the Levites' property should never be permanently sold, but rather there should always be the opportunity to redeem it.
13.When, by contrast, an ordinary person who does not redeem his field after consecrating it, it becomes the property of the Temple treasury in the Jubilee (Hilchot Arachin 4:20-21).
14.While an ordinary person can redeem such houses only during the first year (Chapter 12, Halachah 7).
15.I.e., his maternal grandfather had no sons and his property was therefore inherited by his daughter. The daughter was married to an Israelite and so her children are Israelites. Whether she dies in her father's lifetime or afterwards, his property is inherited by her son, an Israelite.
16.And when the Israelite inherited his grandfather's property, he inherited all the rights his grandfather possessed.
17.I.e., a Levite married an Israelite women who gave birth to a son. That son is an Levite. If his maternal grandfather (an Israelite) dies without sons, his mother inherits his property and when she dies, the son who is a Levite inherits it from her.
18.Sefer HaMitzvot (negative commandment 169) and Sefer HaChinuch (mitzvah 504) include this commandment with the above interpretation among the 613 mitzvot of the Torah.
19.Sefer HaMitzvot (negative commandment 170) and Sefer HaChinuch (mitzvah 505) include this commandment with the above interpretation among the 613 mitzvot of the Torah. Sefer HaMitzvot, loc. cit., elaborates in explanation why the two charges are counted as separate commandments.
20.The verse is addressed to Aaron as the leader of the entire tribe of Levi.
21.The Radbaz states that it would appear that this applies only when one has destroyed the portion that he took. If, however, it can be returned, it should be returned and he is not subjected to lashes. (This is also the view of Sefer HaChinuch, loc. cit.) Nevertheless, the Radbaz concludes that it is possible to say that one may not compensate for this prohibition by making financial restitution and hence, lashes are required in all circumstances.
22.For land can never be misappropriated from its rightful owners. Hence, his taking it is of no consequence and therefore, he is not punished (Radbaz).
23.This phrase introduces a ruling that the Rambam arrived at through deduction, without any explicit, prior Rabbinic source.
24.The Ra'avad objects to the Rambam's statement, stating that if so, the priests and the Levites would not have the rights to terumah and the tithes in these lands, for (see the following halachah and Hilchot Bikkurim 105), these presents were given to the priests instead of an ancestral portion. The Kessef Mishneh strengthens the Ra'avad's argument, noting that were it not for a special Divine commandment, the priests and the Levites would not have been given a portion of the spoil gained in the war against Midian. Nevertheless, the Kessef Mishneh as well as the Radbaz explain that the spoils from the war against Midian can be used as a source to teach that similar concepts apply with regard to other wars.
25.In Moses' blessing to the tribe of Levi.
26.The Rambam cites the first portion of this verse in Halachah 10 as proof that the Levites are not entitled to a portion of the spoil nor an ancestral heritage in Eretz Yisrael. In this halachah, he explains the rationale for that exclusion. The Levites are set aside from material involvement so that they can devote themselves to the spiritual. God, however, promises that this exchange will not cause them any loss, for He will provide for their material needs.
27.This wording could also imply gentiles.
28.This expression is used by I Chronicles 23:12 to refer to the holiness of Aaron, the High Priest. The Rambam is implying that every individual can reach a similar level of holiness.
29.I.e., the Rambam is explaining that the motif that applies with regard to the priests and the Levites can be extended and in truth applies with regard to any person who is willing to devote his life to God's service.
Beis Habechirah - Chapter 1
Halacha 1
1 It is a positive commandment2 to construct a House for God,3 prepared for sacrifices to be offered within.4 We [must] celebrate there three times a year,5 as [Exodus 25:8] states: "And you shall make Me a sanctuary.6"
The sanctuary constructed by Moses is already described in the Torah.7 It was only temporary,8 as [Deuteronomy 12:9] states: "For at present, you have not come unto [the resting place and the inheritance]."9
Halacha 2
After [the Jews] entered The Land [of Israel],10 they erected the Sanctuary in Gilgal during the fourteen years in which they conquered and divided [the land].11From there, they came to Shiloh,12 built a house of stone, and spread the curtains of the Sanctuary over it. It did not have a roof. The sanctuary of Shiloh stood for 369 years. When Eli died, it was destroyed.13
[Afterwards,] they came to Nov14 and built a sanctuary.15 When Samuel died, it was destroyed.16 And they came to Givon17 and built a sanctuary. From Givon, they came to the eternal structure [in Jerusalem].18 The days [the sanctuary stood] in Nov and Givon were 57 years.
Halacha 3
Once the Temple was built in Jerusalem, it became forbidden to build a sanctuary for God or to offer sacrifices in any other place.19
There is no Sanctuary for all generations20 except in Jerusalem and [specifically,] on Mt. Moriah,21 as [I Chronicles 22:1] states: "And David declared: 'This is the House of the Lord, God, and this is the altar for the burnt offerings of Israel.'22 and [Psalms 132:14] states: "This is My resting place forever."23
Halacha 4
The [design of the] structure built by [King] Solomon is described explicitly in [the Book of] Kings.24 [In contrast, the design of] the Messianic Temple, though mentioned in [the Book of] Ezekiel, is not explicit or explained. Thus, the people [in the time] of Ezra built the Second Temple according to the structure of Solomon, [including] certain aspects which are explicitly stated in Ezekiel.25
Halacha 5
The followings elements are essential when constructing this House:26
a) the Sanctuary,27
b) the Holy of Holies,28
c) preceding the Sanctuary, there should be a place called the Entrance Hall.29
The three [together] are called the Temple.30
[In addition,] we must make another partition around the Temple, set off from it [slightly], resembling the curtains surrounding the courtyard of the [sanctuary in the] desert.31 Everything encompassed by this partition is similar to the courtyard of the Tent of Meeting and is called the Courtyard.32
The entire area is referred to as the Mikdash.
Halacha 6
The following utensils are required for the Sanctuary:33
a) an altar for the burnt offering and other sacrifices;34
b) a ramp to ascend to the altar. It was positioned before the Entrance Hall to the south.35
c) a wash basin36 with a pedestal where the priests would sanctify their hands and feet for the (Temple) service.37 It was positioned between the Entrance Hall and the altar, to the left when entering the Sanctuary.38
d) the altar for the incense offering,
e) the Menorah, and
f) the table [for the showbread].39
The [latter] three were placed within the Sanctuary, before the Holy of Holies.40
Halacha 7
The Menorah was in the south, to the left as one entered. The Table was to the right.41 The Showbread was placed upon it. Both of them were close to the Holy of Holies on the outside. The incense altar was positioned between these two, towards the outside.
Divisions are to be made within the Temple Courtyard to [indicate] the point to which the Israelites may proceed;42 the point to which the priests, [who were not able to participate in the Temple service,] may proceed.43
[Also,] within it, we must build structures for the various necessities of the Sanctuary. These structures were called chambers.44
Halacha 8
When we build the Temple and the courtyard, we must use large stones. If stones cannot be found, we may build with bricks.45
We may not split the stones used for the building on the Temple Mount.46 Rather, we must split and chisel them outside, and [afterwards,] bring them in,47 as it is said (I Kings 5:31): "And they brought great stones, costly stones, to lay the foundation of the House with hewn stone." Furthermore, it is said (ibid. 6:7): "Neither hammer, nor axe, nor any tool of iron was heard in the House while it was being built."
Halacha 9
We must not build with any wood protruding at all,48 only stone, bricks, or cement.
[Similarly,] we must not make wooden chambers in the courtyard. Rather, [they were made] of stone or of brick. 49
Halacha 10
Costly stones were laid on the floor of the entire courtyard.50
Stones which were uprooted [from their fixture] are invalidated, even though they remained in place, since they were impaired. [Thus,] a priest is forbidden to stand upon them during the [Temple] service until they become fixed in the ground [again.]51
Halacha 11
The most preferable way to fulfill the mitzvah is by strengthening the building and raising it [to the utmost degree] within the potential of the community, as [implied by Ezra 9:9]: "to exalt the House of our Lord."52
They must make it beautiful and attractive according to their potential.53 If possible, it is a mitzvah to plate it with gold and to magnify all of its aspects.54
Halacha 12
We must not build the Temple at night, as [Numbers 9:15] states: "on the day in which the Sanctuary was raised up." [Our Sages55 interpret this phrase as implying:] We may raise it up by day and not by night.
We must be involved with its building from sunrise until the appearance of the stars.56
Everyone is obligated to build and to assist both personally and financially;57[both] men and women,58 as in the [construction of the] Sanctuary in the desert.59 [Nevertheless,] children are not to be interrupted from their [Torah] studies.60
The construction of the Temple does not supersede the [observance of the] festivals.61
Halacha 13
The Altar should only be made as a structure of stone.62 Though the Torah states, [Exodus 20:24]: "You shall make Me an altar of earth," [that verse is interpreted63 to mean that] the altar must be in contact with the earth and not built on an arch or on a cave.64
Though [ibid.:22] states: "If you shall make an Altar of stone...," the Oral Tradition explains that the matter is not left to [our] decision, but is an obligation [incumbent upon us].65
Halacha 14
Any stone which is damaged66 to the extent that a nail will become caught in it [when passing over it], as is the case regarding a slaughtering knife,67is disqualified for [use in the] Altar or the ramp, as [Deuteronomy 27:6] states: "You shall build the Altar of the Lord with whole stones."68
From where would they bring the stones of the Altar? From virgin earth. They would dig until they reach a point which was obviously never used for tilling or for building, and they would take the stones from there.69 Alternatively, [they would take them] from the Mediterranean Sea70 and build with them.
Similarly, the stones the Temple and the Courtyard were whole.71
Halacha 15
Damaged or split stones from the Temple and the Courtyard are invalid.72 They can not be redeemed [and used for mundane purposes].73Rather, they must be entombed.74
Every stone which was touched by iron,75 even though it was not damaged, is disqualified [for use] in building the Altar or the ramp, as it is said (Exodus 20:25): "By lifting your sword against it, you will have profaned it."76
Anyone who builds the altar or the ramp with a stone that has been touched by iron [violates a negative command and] is [given] lashes,77 as it is said (ibid.): "Do not build them with hewn stone."
One who builds with a damaged stone violates a positive command.78
Halacha 16
[If] a stone was damaged or touched by iron once it had been built into the Altar or the ramp, that stone [alone] is invalidated, but the others are still fit for use.
They coated the altar [with cement] twice a year, [before] Pesach and [before] Sukkot.79 When they coated it, they used a cloth, rather than an iron lathe,80 lest it touch a stone and invalidate [it.]
Halacha 17
We must not make steps for the Altar, as [Exodus 22:26] states: "Do not ascend on My Altar with steps."81 Rather, we must build an incline on the southern side of the Altar,82 diminishing [in height] as it declines from the top of the Altar until the earth.83 It was called the ramp.
Anyone who ascends the Altar with steps [violates a negative command and] is [given] lashes.
Similarly, anyone who demolishes84 a single stone from the Altar, any part of the Temple building, or [the floor of the Temple Courtyard] between the Entrance Hall and the Altar85 with a destructive intent is worthy of lashes, as [Deuteronomy 12:3-4] states: "And you shall destroy their altars.... Do not do so to God, your Lord."86
Halacha 18
The Menorah and its utensils,87 the Table and its utensils,88 the Incense Altar, and all the sacred utensils may be made only from metal. If they are made from wood, bone, stone, or glass, they are unacceptable.89
Halacha 19
If the nation is poor, it is permissible to make them of tin.90 If they [later] become wealthy, they should be made of gold.
If the nation possesses the means, they should even make the basins, the spits, and the rakes of the altar of the burnt offering and, [similarly,] the [Temple's] measuring vessels, out of gold.91 They should even coat the gates of the Courtyard with gold, if it is within their potential.92
Halacha 20
All the [Temple's] utensils must initially be made for sacred purposes.93If they were initially made for mundane uses,94 they may not be used for [the Temple's] sake.95
A vessel [intended to be used for the Temple], but which was never used for [the Temple] may be used for mundane purposes. Once it has been used for [the Temple], it may not be used for mundane purposes.96
Stones or boards which were originally hewn for use in a synagogue should not be used in the Temple Mount construction.97
FOOTNOTES
1.The Rambam introduces each book of the Mishneh Torah by quoting a verse from the Bible. In this case, the verse chosen does more than introduce the text to follow. It also emphasizes that we are commanded to "seek out the welfare of Jerusalem" and study the laws of the Temple's construction.
2.Sefer HaMitzvot (positive commandment 20) and Sefer HaChinuch (mitzvah 95) include this as one of 613 mitzvot. The mitzvah is incumbent on the Jewish community as a whole and must be undertaken by the nation as a collective entity. See Hilchot Melachim 1:1 which speaks of "Israel being commanded to fulfill three mitzvot upon entering [the Promised] Land."
3.There are two ways to understand this mitzvah:
a) to build the Temple,
b) to ensure that the Temple be built; the mitzvah is not fulfilled until that objective is accomplished.
The question is whether the command is to perform an activity or to see that an objective is completed. In his commentary on the Torah (Exodus 35:10), the Rogachover Gaon favors the latter explanation and explains a number of possible practical differences between these abstract concepts. Among them:
a) Must a blessing be recited before taking part in the construction of the Temple? If the mitzvah is the actual building, a blessing would be required. However, if the mitzvah is to ensure that the Temple be completed, no blessing is necessary.
b) Can a gentile participate in the building of the Temple? If the actual construction is the mitzvah, it would be improper for a gentile to participate. However, if the mitzvah is dependent on the completion of the objective, the construction of the Temple, there is no difference if a gentile's efforts also aided in the fulfillment of this goal.
c) If the Temple descends from heaven - as some maintain the Third Temple will - will it be considered as if the mitzvah has been fulfilled (Likkutei Sichot, Vol. 18, p. 418).
From the Rambam' wording (Halachah 12 and elsewhere), it appears that he views the mitzvah as the activity of building.
4.This phrase is the subject of much commentary. In Sefer HaMitzvot(loc. cit.) the Rambam describes the mitzvah to build a Sanctuary as : "the command... to make a house for service where sacrifices will be offered."
In contrast, the Ramban (Nachmanides) views the construction of the Temple as a command with a self-contained objective. Thus, he writes in his commentary to the Torah (Exodus 25:2): "[God's] essential desire in the Sanctuary was the [construction of] a resting place for the Shechinah."
Some commentaries explain the disagreement between these giants simply: According to the Rambam, the Temple was built to allow for sacrifices to be offered, while the Ramban views the revelation of the Shechinah as the Temple's purpose.
However, this interpretation can not be accepted because:
a) the Torah itself specifically refers to the Temple as (Deuteronomy 12:5): "The place which God has chosen to cause His Name to dwell there," emphasizing the revelation of Godliness.
b) when describing the mitzvah to build a Sanctuary, the Rambam himself writes that we are commanded "to construct a house for God," stressing that the main element of the Temple was the revelation of Godliness. It is after that statement, that he declares that the House must be "prepared for sacrifices to be offered within."
Therefore, it must be assumed that both sages recognized the two differing elements, and the debate between them involves the question of determining which aspect is more important. The Ramban considered the fundamental goal the revelation of Godliness and viewed man's service as a means toward that end. On the other hand, the Rambam saw man's service as the ultimate objective. However, that service could only be complete when carried out in a place where Godliness is revealed (Likkutei Sichot, Vol. 4, p. 1346, Vol. 11, p. 116, Vol. 24, p. 84).
5.The pilgrimage festivals; Passover, Shavuot, and Sukkot. On these festivals, each Jew was obligated to come to the Temple and present himself before God. In particular, the term "celebrate" refers to bringing the festive peace-offerings (see Hilchot Chagigah 1:1).
6.Even though this verse specifically refers to the construction of the sanctuary in the desert, the construction of the later sanctuaries and the building of the Temple were also implicit in that command (Kessef Mishneh).
In Hilchot Melachim (1:1), the Rambam writes "Israel was commanded to fulfill three mitzvot upon its entry into Eretz [Yisrael]: to appoint a king..., to annihilate the seed of Amalek.., and to build [God's] Chosen House as it is said: "You shall seek out His dwelling and come there." The commentaries offer different explanations why the Rambam quotes a different verse in either place.
7.In the Book of Exodus, Chapters 25-40.
8.And was replaced by other structures, as described in the following Halachah.
9.Commenting on this verse, Zevachim 119a declares: "'the resting place' - this is Shiloh, [for Shiloh was also merely a temporary resting place for the Divine Presence]; 'the inheritance' - this is Jerusalem." (Just as an inheritance reflects an everlasting chain, so too, the Divine Presence will always remain in Jerusalem.)
10.In the year 2488 after creation.
11.The conquest of the Land took seven years, and the division took another seven years (Zevachim 118b).
12.In the year 2502, built a house of stone and spread the curtains of the Sanctuary over it. It did not have a roof. The Talmud (ibid.) explains:
I Samuel 1:24 declares: "And she brought him to the House of God, Shiloh" implying that the Ark was enclosed with a permanent structure. Another verse (Psalms 78:60) states: "He has forsaken the tabernacle of Shiloh" from which it can be inferred that it was a tent-like structure resembling the Sanctuary in the desert. How can the two verses be reconciled?
There was no roof. Though there was a structure of stone, the curtains [of the Sanctuary] were spread over it.
13.In the year 2871, when the Philistines captured the Holy Ark and slew Eli's two sons.
The Sanctuary of Shiloh had a greater degree of holiness than the structure which preceded it and those that followed immediately thereafter. The Sifri states that the verse (Deuteronomy 12:5): "The place which God has chosen to cause His name to dwell there" refers to "Shiloh and the Temple."
The uniqueness of Shiloh is further emphasized by the fact that while it stood, the Jews were forbidden to offer sacrifices in any other place. While the Ark was in Gilgal, and similarly, in Nov and Givon, the Jews were allowed to bring their individual sacrifices wherever they desired. However, during all the years the Sanctuary was in Shiloh, no sacrifices could be offered in any other location.
14.When the Philistines returned the ark after the seven months of its captivity, they brought it to Kiryat Yearim (I Samuel, Chapters 6-7). During this time, a Sanctuary was constructed in Nov and afterwards, in Givon, to provide the Jews with a place for centralized worship. However, the ark was not kept there out of fear that it might again be captured by the Philistines (Meiri, Megillah, 9b).
15.Of stone. Though the Rambam in his commentary on the Mishnah (Zevachim, ibid.) states that the Jews erected the Sanctuary that had stood in the desert in Nov, here he appears to follow the view mentioned by Rashi (Pesachim 38 a,b) which states that a stone structure was erected there. Similarly, Sotah 9a states that the sanctuary's structure was entombed when the Jews entered Eretz Yisrael. The Sanctuary of Nov stood for 44 years (Seder HaDorot).
16.By King Saul.
17.On the outskirts of Jerusalem (see II Samuel, ch. 6). The Sanctuary stood there for approximately 13 years.
18.In the year 2928, as described in the beginning of I Kings.
19.See Hilchot Ma'aseh HaKorbonot 18:3 which describes this prohibition. Zevachim 112b states: "When they came to Jerusalem [and erected the Temple], it became forbidden [to sacrifice in] the High Places and permission [to sacrifice] there was never granted [again]."
That prohibition was derived from the following verses (Deuteronomy 12:5-6):
Only at the place where the Lord, your God, shall choose to cause His Name to dwell, may you seek Him at his dwelling...There, you shall bring your burnt offerings and your sacrifices.
The preceding verses described how the pagans had sacrificed "upon the high mountains, upon the hills, under every lofty tree." In contrast, the service of God had to be centralized in one place alone, "the place which the Lord, your God shall choose to cause His Name to dwell." Nevertheless, until an abode for the Shechinah was constructed, there was no prohibition against sacrificing anywhere in Eretz Yisrael.
As mentioned above, this prohibition was in effect during the time of the Sanctuary of Shiloh. After Shiloh was destroyed, there were no restrictions until the Temple was built. However, once the Shechinah was revealed on Mount Moriah, the Jews were never allowed to offer their sacrifices at any other place.
Although Shiloh and the Temple were both considered "the place God chose...," there is a difference between the two. God's choice of Shiloh was for the benefit of the Jewish people. He wanted to offer them a centralized place of worship. However, the physical place of the Sanctuary did not itself become holy for all time.
In contrast, God chose Jerusalem as an eternal resting place for the Shechinah. The Divine Presence united with the place itself. After Shiloh was destroyed, no vestige of its former holiness remained. However, Mount Moriah remains "the gate to heaven" even after the Temple has been destroyed. Hence, permission was never granted to sacrifice in other places. See Likkutei Sichot, Vol. 24, p. 80-85.
20.The above prohibition extends beyond the offering of sacrifices and includes the actual construction of a sanctuary. Megillah 10a records the construction of such a sanctuary in Alexandria by Ono, the son of Shimon HaTzaddik.
21.The root of the name Moriah is the word hora'ah, meaning instruction. The Temple was the seat of the Sanhedrin, Israel's highest court and the source of instruction for the entire Jewish nation. Others associate it with the word yirah, meaning "fear," for from this mountain, the fear of God radiated forth.
22.As the Rambam explains in Chapter 2, in addition to God's choice of the site for the Temple at large, He also specifically chose the site of the Altar.
To emphasize this concept, the verse quoted by the Rambam contains two clauses. The first clause describes the choice of the Temple's site and the second, the choice of the site of the Altar.
23.The Rambam views these verses as more than a statement of Jerusalem's uniqueness. They also exclude the possibility of constructing other sanctuaries.
24.I Kings, chapter 6.
25.The commentaries on the tractate of Middot contrast Ezekiel's vision and the structure of the Second Temple in mishnayot 2:5, 3:1, 4:2.
26.i.e. if they are lacking, we have not fulfilled the mitzvah of constructing a Sanctuary.
27.The holy chamber containing the Golden Altar, the Menorah, and the table for the Showbread.
28.The inner chamber containing the Holy Ark.
29.This refers to a structure positioned before the Sanctuary.
The commentaries note that, in general, an equivalent to each of the structures of the Temple existed in the Sanctuary of the desert. Based on this principle, they question which structure in the Sanctuary corresponded to the Entrance Hall.
30.Though the three represent various levels of holiness, they are on one rung of sanctity when compared to other areas (Zevachim 2a).
The commentaries note that Jeremiah (7:4) states: "Trust not in lying words which say: 'The Temple of the Lord, the Temple of the Lord, the Temple of the Lord... ' The threefold repetition alludes to the fact that the three chambers mentioned above share an equal measure of holiness.
31.As described in Exodus, chapter 27.
32.The commentaries explain that the root of the Hebrew term azarah is the word ezra meaning "help." In the Temple Courtyard, the Jewish people call to God and He responds, granting them assistance.
33.As mentioned in the explanation to Halachah 1, the Rambam considers the purpose of the construction of the Temple the erection of "a house ...to offer sacrifices within." In this context, he views the fashioning of the Temple's utensils as an integral part of the mitzvah of building a sanctuary - for without them the sacrifices could not be offered. Thus, when enumerating the mitzvot, he considers the fashioning of the Sanctuary's utensils as part of the mitzvah to construct the Sanctuary and not as separate mitzvot in their own right.
As mentioned above, the Ramban, Nachmanides, disputes the Rambam's view and considers the revelation of Godliness as the primary intent of the Sanctuary's construction. He also disagrees with the Rambam in regard to the fashioning of the utensils and considers them as separate independent commands. See Hasagot Sefer HaMitzvot, Positive command 33.
There is a practicable application of the above concept. The Sanctuary could only be constructed during the daytime, (see Halachah 17). If the fashioning of the Sanctuary's utensils is to be considered as part of the mitzvah of constructing the Temple, that ruling may apply to them as well (Likkutei Sichot, Vol. 21, p. 255).
34.The Torah also refers to the outer altar as "the altar of the burnt offering" (Exodus 30:28, 35:16) for that was the most frequent sacrifice, offered twice daily.
35.See Halachah 17.
36.A large basin, with 12 taps. (Yoma 37a)
37.Before taking part in any aspect of the Temple service, the priests had to wash their hands and feet. See Hilchot Biat HaMikdash 5:1.
38.The entrance to the Sanctuary was from the east, facing the Holy of Holies which was in the west.
39.These sacred objects are discussed in detail in Chapter Two.
40.See Exodus 26:35.
The commentaries have asked why the Rambam does not consider the ark as one of the essential vessels of the Sanctuary. The commentary to Chapter 4, Halachah 1, addresses that issue.
41.The Menorah was the source of spiritual inspiration, the Table of material wealth. Because of the position of these objects, our Sages declared (Bava Batra 25b): He who desires to become wise should face south (while praying). He who desires to become wealthy should face north.
42.See Middot 2:6. There were steps dividing between the area set aside for Israelites and the area set aside for priests. An Israelite was not permitted to proceed beyond these steps, except:
a) to perform semichah, the placing of hands on an animal brought as a sacrifice. See Hilchot Ma'aseh HaKorbanot, ch. 3.
b) to recite confessional prayers, Vidui.
c) to slaughter an animal brought as a sacrifice,
d) to perform Tenufah, the waving of the peace offerings (Kellim 1:8. See also Chapter 7, Halachah 19, Tifferet Yisrael, Middot 2:6.)
43.See Chapter 7, Halachah 20.
44.Chapter 5, Halachah 17.
45.On the verse (Exodus 20:22): "If you shall build an altar of stone...," the Mechilta comments: "If you desire [to build it from] stone, you may. If you desire from bricks, you may."
46.Regarding the altar, the Torah declares (ibid.): "Do not build it out of hewn stone. By lifting your sword against it, you will have profaned it." The Sages (Middot 3:4) explained that iron shortens man's life, and the altar prolongs it. Therefore, iron should not be used to build the Temple. As above, the Rambam draws a parallel between the altar and the entire sanctuary.
Sotah"b quotes the two abovementioned verses and records a debate among the Sages how to resolve the apparent contradiction between them. The Rambam quotes the opinion of Rabbi Nechemiah who resolves the discrepancy by explaining that the stones were hewn outside the Temple premises and then, brought in.
In contrast, Rabbi Yehudah explained that King Solomon employed a unique wormlike creature, the Shamir, which had the power to eat through stone. The Temple's builders drew lines on the stone and then placed the Shamir upon them. The tiny creature ate through the rock, leaving the stones finely hewn without using iron.
According to most opinions, when the First Temple was destroyed, this unique species was lost, and it was impossible to build the Second Temple in this miraculous manner. Nevertheless, the stones were not hewn on the Temple Mount itself.
47.Thus, at least, "in the House," on the Temple premises, no iron tool was used.
48.Tamid 28b relates that this prohibition was enacted as a safeguard for the Scriptural commandment (Deuteronomy 16:21): "Do not plant an Asherah or any other tree near the altar that you shall make for the Lord." Though that prohibition only refers to a tree that grows in the ground and not to wood used for building purposes, the Sages instituted this measure as a "fence around the Torah."
Wood could be used for the substructure of the building. Indeed, I Kings 6:10 relates how Solomon used cedar trees for that purpose. However, they could not be used for the exterior surface of the building.
49.The Ra'avad objects to this Halachah, noting that there were wooden structures on the Temple Mount. The High Priest's chamber was lined with wood. In addition, wooden balconies were built in the Women Courtyard on Sukkot to allow the women to observe the Simchat Beit Hashoevah celebrations. Thus, he concludes that the prohibition against building with any protruding wood applies only within within the Temple courtyard, from the area set off for the priests and beyond, and not elsewhere on the Temple Mount. Only that region could be described as "near the altar [of God]." Rav Yosef Corcus explains that the wooden balconies were not permanent structures. Hence, they were permitted.
50.See the verse from I Kings quoted in Halachah 8.
The Torah (Leviticus 26:1), commands, "Do not make a stone pavement in your land to bow down upon it." The commentaries explain that this prohibition was ordained so that the Jews would refrain from making a copy of the Temple services outside of Jerusalem.
Nevertheless, according to strict Torah law, it was not necessary to lay a stone floor for the Temple courtyard. Zevachim 24a relates that in preparation for the construction of the Temple, King David sanctified the very ground of the Temple Courtyard.
51.The Sages explained that it was not respectful to take part in the Temple services while standing on such a stone. Nevertheless, if a priest disobeyed this prohibition and did stand on such a stone, his service was not invalidated.
The logic of that decision can be explained as follows: There is a principle in Jewish law that a particular substance is not considered as interposing between one object and another if it and the object beneath it are of the same type. Thus, since the stone and the earth below it are considered to be of the same substance, the stone is not considered an interruption. Since, as mentioned above, the ground itself was sanctified by King David, the priest's service is not invalidated.
52.Shabbat 11a interprets this verse in a very literal sense, explaining that a synagogue must be the tallest building in a city.
53.Herod slaughtered many Sages. Bava Batra 4a explains that the Sages advised him to expiate a certain measure of his sin by rebuilding the Temple and making it attractive. The Talmud declares: "Whoever has not seen Herod's building has not seen an attractive building in his life."
54.Thus, Pesachim 57a relates that the Temple was covered with gold plates the thickness of a golden coin.
55.Sh'vuot 15b.
56.Generally, employees are not obligated to begin their work until the sun appears. However, in this case, due to the importance of their task, the workers were obligated to begin earlier. See Nechemiah 4:15; Berachot 2b.
57.Thus there are two obligations: a) the actual building of the Temple, b) assisting in the work and supporting it financially.
58.In particular, there is a difference in the obligations incumbent on men and women. Women are not obligated to fulfill most mitzvot which have a specific time limitation. The construction of the Temple also possesses a specific time restriction. As mentioned above, it may only by built by day and not by night. Therefore, women are not obligated to carry out the actual construction. However, in regard to the second aspect mentioned above, rendering personal and financial assistance, women are obligated as well as men.
59.Note Exodus 35:22 and 25, which relate the role played by women in constructing the Sanctuary. Commenting on the first of those verses, Rashi states that the women displayed greater generosity than the men.
60.Commenting on this law, Shabbat 119b declares: "The world is only maintained [through the merit] of the voice of school children [studying Torah]."
61.Yevamot 6a states: "The construction of the Sanctuary does not supersede the observance of the Sabbath, as it is written (Leviticus 19:30): 53Observe My Sabbaths and revere My Sanctuaries, 54 i.e., the Sabbath is of primary importance, even in regard to the Sanctuary. The festivals are also called Sabbaths by the Torah, cf. Leviticus 23:24 and 39. Hence, the same ruling applies to them.
Though the construction of the Temple is forbidden on the Sabbaths and festivals, sacrifices may be offered on these days even though prohibited labors are involved in this service.
This apparent discrepancy can be explained as follows: Once the Temple is constructed and complete, the holiness of its service supersedes the Sabbath prohibitions. Nevertheless, while the Temple is being constructed, those prohibitions must be observed in order to establish the sacred nature of the place.
62.Our text is based on authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text states "hewn stone." That is obviously an error. Note Halachah 8 which describes the manner of cutting the stones used for the Temple. Even such measures were insufficient for the stones used for the Altar, as explained in the following halachot.
63.By the Mechilta, commenting on that verse.
64.In his commentary on this Halachah, the Mishneh LiMelech notes that it appears that this directive was violated in the construction of the Temple.
In Hilchot Parah Adumah 2:7 (see also Chapter 5, Halachah 1), the Rambam explains that the entire area beneath the Temple and its courtyard had been hollowed out to protect against the possibility of ritual impurity being contracted because of a grave which was buried there without anyone's knowledge.
To resolve this difficulty, the Mishneh LiMelech explains that the ground had indeed been hollowed out. However, there was a certain measure of earth that was left for support. The Altar was, therefore, considered to be in contact with the earth.
65.Commenting on this verse, the Mechilta states that on three occasions the Torah expresses a command using terminology which appears conditional: our verse, the verse (Exodus 22:24), "If you will lend money...," and the verse (Leviticus 2:14), "If you shall offer a meal offering of the first fruits."
66.I.e., cracked, split, or broken in any way. Even if the breach in the stone was not made by iron, the stone is disqualified. See Middot 3:4 and Halachah 16.
67.See Hilchot Shechitah 1:23.
68.Even though this verse describes the altar to be built by the Jews when they cross the Jordan, it teaches us fundamental principles regarding the Temple's altar.
69.These lines are also taken from Middot, loc. cit. The Rambam quotes the mishnah here, rather than in the following halachah, to emphasize that even a breach which was not caused by contact with iron could disqualify a stone for use. To find stones of this nature, it was necessary to dig in the manner described.
70.Zevachim 54a notes that whole stones could be found on the seashore. See also Tosefot, Sukkah 49a.
71.As I Kings 6:7 states, "And the House...was built with whole stones as they were brought in." However, as explained in Halachah 8, the laws governing the stones of the Temple and the Courtyard were more lenient. They could be smoothed with iron tools outside the Temple Mount.
72.The Rambam stated a measure: "to the extent that a nail passing over it will become caught in it" for disqualifying stones to be used in the Altar. However, in the present Halachah, he does not mention a measure for the cracks or splits which may disqualify a stone after it has been used for the Temple. Thus, a question arises: Does the previous measure apply in this case as well, or was no measure mentioned, because even the slightest crack would disqualify the stone?
This question can be resolved as follows: In Halachah 17, the Rambam states that a person "who destroys a single stone from the Altar, any part of the Temple building, or [the floor of the Temple Courtyard]," violates a negative command, "as it is said (Deuteronomy 12:3-4): 'And you shall destroy their altars...Do not do so to the Lord, your God. '
By mentioning the prohibition against the destruction or damage to the Altar's stones in the context of "their altars," the prohibition against idol worship, the Torah creates an association between the two. Even the slightest measure of property consecrated unto a false god is prohibited. So, too, even the smallest crack may disqualify one of the Temple's stones.
73.Since they were used for the building of the Temple, it is not fitting for them to be used for mundane matters afterwards (Mishneh Limelech).
The Tosefta (Megillah, Chapter 2) discusses whether this principle applies to other sacred structures, such as a synagogue.
74.Middot 1:6 describes that a special chamber just outside the Temple courtyard was set aside for entombing the stones of the Courtyard which were defiled by the Greeks before the Hasmoneans reconquered the Temple.
75.As mentioned above, iron is often used for death and destruction. This stands in direct contradiction to the purpose of the Altar. Therefore, the Torah insisted that stones which had been prepared for building the Altar were forbidden to have any contact with that metal.
76.The source for the Rambam's statements is Middot, Chapter 3, Mishnah 4.
However, the terminology used by the Mishnah and quoted by the Rambam is subject to debate. The Rosh interprets the Mishnah strictly and maintains that contact with iron disqualifies a stone even though no blemish was made in the stone.
77.Sefer HaMitzvot (negative commandment 79) and Sefer HaChinuch (mitzvah 40) include this as one of 613 mitzvot of the Torah.
78.As it is written (Deuteronomy 27:6): "You shall build the Altar of the Lord with whole stones." It is interesting to note that though the Rambam uses this expression, he does not consider this command as one of the 613 mitzvot of the Torah.
79.To clean it from the blood of the sacrifices.
80.To apply and smooth the cement. The Ra'avad suggests that a wooden tool was employed for this purpose.
81.The verse continues, explaining the reason for the command: "so that your nakedness not be revealed upon it."
The commentaries explain that spreading one's legs as when walking up steps does not show fitting deference to God's altar.
This command raises an obvious question: If walking up steps is not considered respectful, why were any steps allowed on the Temple Mount? It was necessary to ascend steps to enter the Temple building itself!
Among the answers given to this question is: The ramp possessed a degree of holiness comparable to that of the Altar itself (as obvious from Halachot 15 and 16). Thus, one's manner of ascent could be considered a sign of respect or disrespect to the Altar. In contrast, the steps leading to the Temple building have a lower level of sanctity (as obvious from Halachah 5). Thus, the way in which one approached is not as significant. (See Likkutei Sichot, Vol. 21, p. 119).
82.To the left when facing the Temple.
Zevachim 62b expounds this concept as follows: Leviticus 1:11 declares that "He shall slaughter it at the foot of the Altar, on its north side." If the north side was to be the Altar's foot, its head, i.e. the side from which we approach, would be at the south.
83.The ramp began at a height of 8.83 cubits and was inclined over 32 cubits.
84.One is only liable if his intent was to destroy. If he had intended to improve upon the building, there is no prohibition. Therefore, when King Herod desired to beautify the Temple, as mentioned in (Halachah 11), he was allowed to tear down the previous structure. See also Bava Batra 3b.
85.The Rambam also mentions this prohibition in Hilchot Yesodai HaTorah (6:7). There, he does not restrict the scope of the prohibition, and states that it applies throughout the Temple Courtyard including the area outside the region specified here. Most commentaries view that opinion as more precise.
86.Even though the command is stated in the positive, it is considered one of the 365 negative commands of the Torah. See Sefer HaMitzvot (negative commandment 65) and Sefer HaChinuch (mitzvah 437).
87.I.e., the tongs and scoops used to clean out its wicks and ashes. See Exodus 25:38.
88.I.e., the bread molds, incense bowls, frames, and dividers (ibid.:29).
89.Menachot 28b derives this Halachah as follows: One of the thirteen principles of Biblical analysis expounded by Rabbi Yishmael (in the introduction to the Sifra, and included in our morning prayers) is as follows: "When a generalization is followed by a specific example and then, by a second generalization, the law is applicable to other cases similar to the specific example mentioned."
The command to fashion the Menorah was expressed as follows (Exodus 25:31): "You shall make a Menorah out of pure gold. You shall fashion it by hammering it out." The Sages commented, "You shall make a Menorah" is a generalization, "out of pure gold" is a specific example, and "You shall fashion it," a second generalization. Thus, the Menorah may be made from other substances similar to gold, i.e., any metal. The same principle is then expanded to include other utensils.
90.Menachot 28b relates that when the Greeks controlled the Temple, they defiled all its utensils. When the Hasmoneans reconquered Jerusalem, they were very poor and constructed the Menorah of iron staves coated with tin. Afterwards, they acquired more means and made a Menorah of silver. Ultimately, they were able to make one of gold.
91.Bereishit Rabbah declares: "Gold was created only for the sake of the Temple."
This metal is really too precious for our world, and was only given to us to be used for these sacred purposes. Therefore, fashioning even the Temple's most insignificant utensils from this metal is not an unnecessary extravagance, but rather the fulfillment of God's intent when He created gold.
92.Middot 2:3 relates that the Second Temple's gates were originally built of other metals. Generations later, the people prospered, and plated them with gold.
93.Before fashioning the utensil, the craftsman must have the intention that they be used for the Temple.
94.Even if they were never used for those reasons
95.The term translated as "the Temple," gavohah, literally means "the Most High." Because of the departure from the literal meaning, it is set off with brackets.
96.The sanctity of the Temple's utensils has two dimensions:
a) that conveyed by one's intention when fashioning the utensil,
b) that brought about by its use in the Temple services.
Without the proper intention, an object may never be used in Temple services. However, the intention alone is not sufficient to distinguish that object as holy and prevent its use for mundane purposes.
97.Since the sanctity of a synagogue is not as great as that of the Temple, the building materials are not considered as prepared for that holy purpose.
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Hayom Yom:
• Thursday, Sivan 7, 5774 • 05 June 2014
"Today's Day"
Thursday, Sivan 7, 2nd Day of Shavuot, 5703
Torah lessons: Chumash: Nasso, Chamishi with Rashi.
Tehillim: 39-43.
Tanya: Shaar Hayichud Vehaemunah (p. 287)...are one. (p. 289).
Procedure for the congregant during the blessing by the kohanim (p. 268): When the kohanim say yevarech'cha, face forward; When kohanim say Hashem, turn head to right (which is the left of the kohein pronouncing the blessing). When the kohanim say v'yishm'recha, face forward. While kohanim say ya'eir, turn head to left (which is to the right of the kohein pronouncing the blessing), etc. At shalom face forward.
Say Ribono shel olam only while the kohanim sing (the wordless accompanying melody); but when they pronounce the words, one must listen. When the kohanim sing the wordless melody prior to saying v'yaseim, say Ribono until hatzadik. During the similar choral introduction to l'cha, say from v'im until Elisha. Likewise before shalom say from Uch'sheim until l'tova. As the kohanim finish pronouncing the word shalom, say v'tishm'reini u't'chaneini vetirtseini.
Adir bamarom is said after responding amein, while face is still covered by the tallit.
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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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