TODAY'S LAWS & CUSTOMS:
• "THE THREE WEEKS"
During the Three Weeks, from 17th of Tamuz to the 9th of Av, we commemorate the conquest of Jerusalem, the destruction of the Holy Temple and the dispersion of the Jewish people.
Weddings and other joyful events are not held during this period; like mourners, we do not cut our hair, and various pleasurable activities are limited or proscribed. (The particular mourning customs vary from community to community, so consult a competent halachic authority for details.)
Citing the verse (Isaiah 1:27) "Zion shall be redeemed with mishpat [Torah] and its returnees with tzedakah," the Rebbe urged that we increase in Torah study (particularly the study of the laws of the Holy Temple) and charity during this period.
Links:
The Three Weeks
TODAY IN JEWISH HISTORY:
• THIRD EXPULSION FROM FRANCE (1322)
After having been allowed back into France in the year 1315 (after the expulsion in 1306 by Philip IV), the Jews were once again expelled from France by Charles IV, who thus broke the pledge made by his predecessors in 1315 that the Jews would be able to stay in France for at least 12 years.
DAILY QUOTE:
When a person is uprooted from his habitual environment... there come to light certain traits of his inner character as they are in their purity, undistorted by the expectations of society. Often, these traits reveal the hidden good in this person, of which perhaps even he himself had been unaware, because they were hidden under the layers of “manners” and social conventions. Fortunate is the person who does not allow these traits to disappear when he subsequently settles down and finds tranquility.(From a 1944 letter by the Lubavitcher Rebbe, recalling his days as a refugee in Vichy France)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Massei, 6th Portion Numbers 35:9-35:34 with Rashi
• Chapter 35
9. The Lord spoke to Moses saying: ט. וַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
10. Speak to the children of Israel and say to them, When you cross the Jordan to the land of Canaan, י. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם כִּי אַתֶּם עֹבְרִים אֶת הַיַּרְדֵּן אַרְצָה כְּנָעַן:
11. you shall designate cities for yourselves; they shall be cities of refuge for you, and a murderer who killed a person unintentionally shall flee there. יא. וְהִקְרִיתֶם לָכֶם עָרִים עָרֵי מִקְלָט תִּהְיֶינָה לָכֶם וְנָס שָׁמָּה רֹצֵחַ מַכֵּה נֶפֶשׁ בִּשְׁגָגָה:
you shall designate: [The expression] הַקְרָיָה can mean only preparation, as it says,“Because the Lord, your God, prepared it (הִקְרָה) before me” (Gen. 27:20) - [Sifrei Massei 3, Targum Onkelos].
והקריתם: אין הקרייה אלא לשון הזמנה וכן הוא אומר (בראשית כז, כ) כי הקרה ה' אלהיך לפני:
12. These cities shall serve you as a refuge from an avenger, so that the murderer shall not die until he stands in judgment before the congregation. יב. וְהָיוּ לָכֶם הֶעָרִים לְמִקְלָט מִגֹּאֵל וְלֹא יָמוּת הָרֹצֵחַ עַד עָמְדוֹ לִפְנֵי הָעֵדָה לַמִּשְׁפָּט:
from an avenger: From the avenger of the blood, a kinsman of the murder victim. — [Mak. 12a]
מגאל: מפני גואל הדם שהוא קרוב לנרצח:
13. The cities that you provide shall serve as six cities of refuge for you. יג. וְהֶעָרִים אֲשֶׁר תִּתֵּנוּ שֵׁשׁ עָרֵי מִקְלָט תִּהְיֶינָה לָכֶם:
six cities of refuge: [This] informs [us] that even though Moses designated three cities across the Jordan during his lifetime, they did not provide refuge until the three provided by Joshua in the land of Canaan were designated. — [Sifrei Massei 8, Mak. 9a]
שש ערי מקלט: מגיד שאע"פ שהבדיל משה בחייו שלש ערים בעבר הירדן, לא היו קולטות עד שנבחרו שלש שנתן יהושע בארץ כנען:
14. You shall provide the three cities in trans Jordan and the three cities in the land of Canaan; they shall be cities of refuge. יד. אֵת | שְׁלשׁ הֶעָרִים תִּתְּנוּ מֵעֵבֶר לַיַּרְדֵּן וְאֵת שְׁלשׁ הֶעָרִים תִּתְּנוּ בְּאֶרֶץ כְּנָעַן עָרֵי מִקְלָט תִּהְיֶינָה:
the three cities: Although there were nine tribes in the land of Canaan, and here [across the Jordan] there were only two-and-a-half, He equalized the number of their refuge cities, because Gilead had many murderers, as it says,“Gilead, a city of workers of violence, who lurk to shed blood” (Hos. 6: 8). - [Mak. 10a, Sifrei Massei 6]
את שלש הערים וגו': אף על פי שבארץ כנען תשעה שבטים וכאן אינן אלא שנים וחצי, השוה מנין ערי מקלט שלהם משום דבגלעד נפישי רוצחים, דכתיב (הושע ו, ח) גלעד קרית פועלי און עקובה מדם:
15. These six cities shall be a refuge for the children of Israel and for the proselyte and resident among them, so that anyone who unintentionally kills a person can flee there. טו. לִבְנֵי יִשְׂרָאֵל וְלַגֵּר וְלַתּוֹשָׁב בְּתוֹכָם תִּהְיֶינָה שֵׁשׁ הֶעָרִים הָאֵלֶּה לְמִקְלָט לָנוּס שָׁמָּה כָּל מַכֵּה נֶפֶשׁ בִּשְׁגָגָה:
16. If he struck him with an iron instrument and he dies, he is a murderer, and the murderer shall be put to death. טז. וְאִם בִּכְלִי בַרְזֶל | הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ:
If he struck him with an iron instrument: This does not refer to accidental manslaughter discussed nearby, but to premeditated murder, and it teaches us that the implement of murder has to be big enough to cause death, for regarding all the [other] cases it says, אֲשֶׁר יָמוּת בָּה, “which is deadly,” and the Targum [Onkelos] renders, “of a size capable of causing death,” except in the case of iron, since it is evident and known to the Holy One, blessed is He, that a small piece of iron can kill, even a needle (Sifrei Massei 6, Sanh. 76b). That is why [in the case of iron] the Torah did not specify a size and write “which is deadly.” If you say that Scripture refers to one who murders unintentionally, [this cannot be because], below it says, “or, with any stone which is deadly, and without seeing [his victim]…” (verse 23). This shows that in the cases mentioned before it, Scripture speaks of one who murders with intent.
ואם בכלי ברזל הכהו: אין זה מדבר בהורג בשוגג הסמוך לו, אלא בהורג במזיד. ובא ללמד, שההורג בכל דבר צריך שיהא בו שיעור כדי להמית, שנאמר בכולם אשר ימות בו, דמתרגמינן דהיא כמסת דימות ביה, חוץ מן הברזל, שגלוי וידוע לפני הקב"ה שהברזל ממית בכל שהוא אפילו מחט, לפיכך לא נתנה בו תורה שיעור לכתוב בו אשר ימות בו. ואם תאמר בהורג בשוגג הכתוב מדבר, הרי הוא אומר למטה או בכל אבן אשר ימות בה בלא ראות וגו', למד על האמורים למעלה שבהורג במזיד הכתוב מדבר:
17. If he struck him with a fist sized stone which is deadly, and he dies, he is a murderer, and the murderer shall be put to death. יז. וְאִם בְּאֶבֶן יָד אֲשֶׁר יָמוּת בָּהּ הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ:
with a fist-sized stone: [A stone] large enough to fill a hand. — [Onkelos]
באבן יד: שיש בה מלא יד:
which is deadly: Which is large enough to cause death, as the Targum [Onkelos] renders. Since it [Scripture] says, “If one of them strikes the other with a stone” (Exod. 21:18), but it does not specify a size, I might think any size? Therefore it says, “which is deadly” - [Sifrei Massei 10]
אשר ימות בה: שיש בה שיעור להמית, כתרגומו. לפי שנאמר (שמות כא, יח) והכה איש את רעהו באבן, ולא נתן בה שיעור, יכול כל שהוא, לכך נאמר אשר ימות בה:
18. Or with a fist sized wooden instrument which is deadly,and he dies, he is a murderer, and the murderer shall be put to death. יח. אוֹ בִּכְלִי עֵץ יָד אֲשֶׁר יָמוּת בּוֹ הִכָּהוּ וַיָּמֹת רֹצֵחַ הוּא מוֹת יוּמַת הָרֹצֵחַ:
or with a fist-sized wooden instrument: Since it says, “If a man strikes his manservant or his maidservant with a rod” (Exod. 21:20), I might think any size? That is why with regard to wood it says,“which is deadly”-it must be a size capable of causing death. — [Sifrei Massei 11]
או בכלי עץ יד: לפי שנאמר (שמות כא, כ) וכי יכה איש את עבדו או את אמתו בשבט, יכול כל שהוא, לכך נאמר בעץ אשר ימות בו, שיהא בו כדי להמית:
19. The blood avenger shall kill the murderer; he may kill him when he meets him. יט. גֹּאֵל הַדָּם הוּא יָמִית אֶת הָרֹצֵחַ בְּפִגְעוֹ בוֹ הוּא יְמִתֶנּוּ:
when he meets him: Even in the cities of refuge.
בפגעו בו: אפילו בתוך ערי מקלט:
20. If, out of hatred, he pushed him, or threw something at him with premeditation, and he died, כ. וְאִם בְּשִׂנְאָה יֶהְדֳּפֶנּוּ אוֹ הִשְׁלִיךְ עָלָיו בִּצְדִיָּה וַיָּמֹת:
with premeditation: As the Targum [Onkelos] renders, בְּכַמְנָא, with ambush.
בצדיה: כתרגומו בכמנא במארב:
21. or if he maliciously struck him with his hand and he died, the assailant shall be put to death; he is a murderer; the blood avenger may kill the murderer when he meets him. כא. אוֹ בְאֵיבָה הִכָּהוּ בְיָדוֹ וַיָּמֹת מוֹת יוּמַת הַמַּכֶּה רֹצֵחַ הוּא גֹּאֵל הַדָּם יָמִית אֶת הָרֹצֵחַ בְּפִגְעוֹ בוֹ:
22. But if he pushed him accidentally, without malice, or threw an object at him without premeditation, כב. וְאִם בְּפֶתַע בְּלֹא אֵיבָה הֲדָפוֹ אוֹ הִשְׁלִיךְ עָלָיו כָּל כְּלִי בְּלֹא צְדִיָּה:
accidentally: Heb. בְּפֶתַע, by accident, but the Targum renders בִּתְכֵף, “suddenly,” [meaning] that he was next to him and he had no time to take precautions against [killing] him.
בפתע: באונס. ותרגומו בתכיף שהיה סמוך לו, ולא היה לו שהות להזהר עליו:
23. or, with any stone which is deadly, and without seeing [his victim] he threw it down at him and it killed him, but he was not his enemy and bore him no malice כג. אוֹ בְכָל אֶבֶן אֲשֶׁר יָמוּת בָּהּ בְּלֹא רְאוֹת וַיַּפֵּל עָלָיו וַיָּמֹת וְהוּא לֹא אוֹיֵב לוֹ וְלֹא מְבַקֵּשׁ רָעָתוֹ:
or, with any stone which is deadly: he struck him.
או בכל אבן אשר ימות בה: הכהו:
without seeing: He did not see him [while striking him].
בלא ראות: שלא ראהו:
he threw it down at him: From here they said that the one who kills by way of a falling action is exiled, but if [he kills] by means of an upward action is not exiled. — [Mak. 7b]
ויפל עליו: מכאן אמרו ההורג דרך ירידה גולה, דרך עלייה אינו גולה:
24. Then the congregation shall judge between the assailant and the blood avenger, on the basis of these judgments. כד. וְשָׁפְטוּ הָעֵדָה בֵּין הַמַּכֶּה וּבֵין גֹּאֵל הַדָּם עַל הַמִּשְׁפָּטִים הָאֵלֶּה:
25. The congregation shall protect the murderer from the hand of the blood avenger, and the congregation shall return him to the city of refuge to which he had fled, and he shall remain there until the Kohen Gadol, who anointed him with the sacred oil, dies. כה. וְהִצִּילוּ הָעֵדָה אֶת הָרֹצֵחַ מִיַּד גֹּאֵל הַדָּם וְהֵשִׁיבוּ אֹתוֹ הָעֵדָה אֶל עִיר מִקְלָטוֹ אֲשֶׁר נָס שָׁמָּה וְיָשַׁב בָּהּ עַד מוֹת הַכֹּהֵן הַגָּדֹל אֲשֶׁר מָשַׁח אֹתוֹ בְּשֶׁמֶן הַקֹּדֶשׁ:
until the kohen gadol… dies: For he causes the Divine Presence to rest upon Israel and thus prolong their lives, whereas the murderer causes the Divine Presence to withdraw from Israel and thus shorten their lives. He is not worthy of standing before the Kohen Gadol [Sifrei Massei 20]. Another interpretation: Because the Kohen Gadol should have prayed that such a misfortune should not befall Israel during his lifetime [Mak. 11a].
עד מות הכהן הגדול: שהוא בא להשרות שכינה בישראל ולהאריך ימיהם, והרוצח בא לסלק את השכינה מישראל ומקצר את ימי החיים. אינו כדאי שיהא לפני כהן גדול. דבר אחר לפי שהיה לו לכהן גדול להתפלל שלא תארע תקלה זו לישראל בחייו:
who anointed him with the sacred oil: According to the literal meaning, this is one of the elliptical verses [in Scripture], as it does not reveal who anointed him; thus, it is like saying, “who was anointed by the one who anointed him with the sacred oil.” Our Rabbis expounded it in Tractate Makkoth (11b) as a verification of the law, to teach that if before sentence was passed, the Kohen Gadol died and they appointed another one in his stead, and afterwards sentence was passed, he [the murderer] can return home only after the second one has died, as it says, “who anointed him.” Did he anoint the kohen, or did the kohen anoint him? However, this includes the [case of a high kohen who was] anointed in his days [and thus, it is as if he had anointed the Kohen Gadol, so to speak], that he frees him through his death.
אשר משח אותו בשמן הקדש: לפי פשוטו מן המקראות הקצרים הוא, שלא פירש מי משחו, אלא כמו אשר משחו המושח אותו בשמן הקדש. ורבותינו דרשוהו במסכת מכות (יא ב) לראיית דבר, ללמד שאם עד שלא נגמר דינו מת כהן גדול ומנו אחר תחתיו ולאחר מכאן נגמר דינו, חוזר במיתתו של שני, שנאמר אשר משח אותו, וכי הוא משחו לכהן או הכהן משח אותו, אלא להביא את הנמשח בימיו שמחזירו במיתתו:
26. But if the murderer goes beyond the border of the city of refuge to which he had fled, כו. וְאִם יָצֹא יֵצֵא הָרֹצֵחַ אֶת גְּבוּל עִיר מִקְלָטוֹ אֲשֶׁר יָנוּס שָׁמָּה:
27. and the blood avenger finds him outside the limits of his city of refuge, and the blood avenger slays the murderer, he has no blood. כז. וּמָצָא אֹתוֹ גֹּאֵל הַדָּם מִחוּץ לִגְבוּל עִיר מִקְלָטוֹ וְרָצַח גֹּאֵל הַדָּם אֶת הָרֹצֵחַ אֵין לוֹ דָּם:
he has no blood: He is like one who kills a dead person, who has no blood.
אין לו דם: הרי הוא כהורג את המת שאין לו דם:
28. For he shall remain in his city of refuge until the Kohen Gadol dies, and only after the Kohen Gadol has died, may the murderer return to the land which is his possession. כח. כִּי בְעִיר מִקְלָטוֹ יֵשֵׁב עַד מוֹת הַכֹּהֵן הַגָּדֹל וְאַחֲרֵי מוֹת הַכֹּהֵן הַגָּדֹל יָשׁוּב הָרֹצֵחַ אֶל אֶרֶץ אֲחֻזָּתוֹ:
29. These shall be for you a statute of justice for all your generations, in all your dwelling places. כט. וְהָיוּ אֵלֶּה לָכֶם לְחֻקַּת מִשְׁפָּט לְדֹרֹתֵיכֶם בְּכֹל מוֹשְׁבֹתֵיכֶם:
in all your dwelling places: This teaches that the minor Sanhedrin functions outside the Land as long as there is one functioning in the Land of Israel [namely, while the Temple stood]. — [Mak. 7a, Sifrei Massei 25]
בכל מושבתיכם: למד שתהא סנהדרין קטנה נוהגת בחוצה לארץ כל זמן שנוהגת בארץ ישראל:
30. Whoever [namely the blood avenger] kills a person, based on the testimony of witnesses, he shall slay the murderer. A single witness may not testify against a person so that he should die. ל. כָּל מַכֵּה נֶפֶשׁ לְפִי עֵדִים יִרְצַח אֶת הָרֹצֵחַ וְעֵד אֶחָד לֹא יַעֲנֶה בְנֶפֶשׁ לָמוּת:
Whoever kills a person…: The one who comes to kill him because he murdered someone.
כל מכה נפש וגו': הבא להרגו על שהכה את הנפש:
based on the testimony of witnesses: who testify that he murdered him intentionally, after he had been forewarned. [I.e., the blood avenger may not slay the murderer unless there are witnesses that he committed the murder.]- [Sifrei Massei 26]
לפי עדים ירצח: שיעידו שבמזיד ובהתראה הרגו:
31. You shall not accept ransom for the life of a murderer, who is guilty of death, for he shall be put be put to death. לא. וְלֹא תִקְחוּ כֹפֶר לְנֶפֶשׁ רֹצֵחַ אֲשֶׁר הוּא רָשָׁע לָמוּת כִּי מוֹת יוּמָת:
You shall not accept ransom: He cannot be acquitted in exchange for payment. — [Keth. 37b]
ולא תקחו כפר: לא יפטר בממון:
32. You shall not accept ransom for one who has fled to his city of refuge, to allow him to return to live in the Land, before the kohen has died. לב. וְלֹא תִקְחוּ כֹפֶר לָנוּס אֶל עִיר מִקְלָטוֹ לָשׁוּב לָשֶׁבֶת בָּאָרֶץ עַד מוֹת הַכֹּהֵן:
You shall not accept ransom for the one who has fled to his city of refuge: One who has fled to a city of refuge after he killed someone unintentionally cannot absolve himself from exile through payment by giving a ransom so that he can return to dwell in the Land before the kohen dies. — [Keth. 37b]
ולא תקחו כפר לנוס אל עיר מקלטו: למי שנס אל עיר מקלטו שהרג בשוגג אינו נפטר מגלות בממון ליתן כופר לשוב לשבת בארץ בטרם ימות הכהן:
has fled: Heb. לָנוּס, is equivalent to לְנָס, “for the one who has fled.” Similarly,“those who returned (שׁוּבֵי) from the war” (Mich. 2:8). Similarly,“Those who are removed (נוּגֵי) from the appointed season” (Zeph. 3:18);“for [all the people…] were circumcised (מֻלִים)” (Josh. 5:5). Just as you say שׁוּב in reference to one who has already returned, and מוּל regarding one who is already circumcised, so will you say לָנוּס for one who has already fled. He is called נוּס, that is to say, ‘an escapee.’ If you say that לָנוּס means ‘to flee,’ and explain it thus: You shall not accept ransom for who must flee, in order to absolve him from exile, then I do not know how it can say,“to return to live in the Land” for if he has not yet fled, from where should he return?
לנוס: כמו לנס, כמו (מיכה ב, ח) שובי מלחמה, ששבו מן המלחמה, וכן (צפניה ג, יח) נוגי ממועד, וכן (יהושע ה, ה) כי מולים היו, כאשר תאמר שוב על מי ששב כבר, ומול על מי שמל כבר, כן תאמר לנוס על מי שנס כבר, וקורהו נוס כלומר מוברח. ואם תאמר לנוס לברוח, ותפרשהו לא תקחו כופר למי שיש לו לברוח לפטרו מן הגלות, לא ידעתי היאך יאמר לשוב לשבת בארץ, הרי עדיין לא נס ומהיכן ישוב:
33. And you shall not corrupt the land in which you live, for the blood corrupts the land, and the blood which is shed in the land cannot be atoned for except through the blood of the one who shed it. לג. וְלֹא תַחֲנִיפוּ אֶת הָאָרֶץ אֲשֶׁר אַתֶּם בָּהּ כִּי הַדָּם הוּא יַחֲנִיף אֶת הָאָרֶץ וְלָאָרֶץ לֹא יְכֻפַּר לַדָּם אֲשֶׁר שֻׁפַּךְ בָּהּ כִּי אִם בְּדַם שֹׁפְכוֹ:
And you shall not corrupt: Heb. ולֹא-תַחֲנִיפוּ, you shall not cause it to be wicked, as the Targum [Onkelos] renders, לֹא תְחַיְבוּן, you shall not make sinful."
ולא תחניפו: ולא תרשיעו, כתרגומו ולא תחייבון:
34. And you shall not defile the land where you reside, in which I dwell, for I am the Lord Who dwells among the children of Israel. לד. וְלֹא תְטַמֵּא אֶת הָאָרֶץ אֲשֶׁר אַתֶּם ישְׁבִים בָּהּ אֲשֶׁר אֲנִי שֹׁכֵן בְּתוֹכָהּ כִּי אֲנִי יְהֹוָה שֹׁכֵן בְּתוֹךְ בְּנֵי יִשְׂרָאֵל:
in which I dwell: You should not cause me to dwell amidst its uncleanness.
אשר אני שכן בתוכה: שלא תשכינו אותי בטומאתה:
for I am the Lord who dwells among the children of Israel: Even when they are unclean, the Divine Presence resides with them. — [Sifrei Massei 32]
כי אני ה' שוכן בתוך בני ישראל: אף בזמן שהם טמאים שכינה ביניהם:
-------
Daily Tehillim: Psalms Chapters 120 - 134
• Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
-------
Tanya: Igeret HaTeshuva , end of Chapter 7
• Lessons in Tanya
• Today's Tanya Lesson
Friday, Tammuz 27, 5774 • July 25, 2014
Igeret HaTeshuva , end of Chapter 7
ואף מי שלא עבר על עון כרת וגם לא על עון מיתה בדי שמים
Even one who has never violated a sin punishable by excision or a sin incurring death by divine agency,
שהוא הוצאת זרע לבטלה וכהאי גוונא
such as vain emission and the like,
אלא שאר עבירות קלות
but other less severe sins,
אף על פי כן, מאחר שהן פוגמים בנשמה ונפש האלקית
nonetheless, since they cause a defect in the spirit and Divine soul,
וכמשל פגימת ופסיקת חבלים דקים כנ״ל
as in the analogy of the fine strands of rope that are defective or severed, as noted above — in ch. 5, which describes the 613 strands that together comprise the lifeline of the soul, and when one transgresses one of the 613 commandments, one of these strands is severed,
הרי בריבוי החטאים יכול להיות פגם כמו בלאו אחד שיש בו כרת ומיתה
therefore, through an accumulation of sins there can eventually be a defect as grave as from one prohibition involving excision or death.
ואפילו בכפילת חטא אחד פעמים רבות
This would be true even when a single sin is repeated numerous times.1
Far from merely damaging the selfsame strand repeatedly, the repetition of even the same sin weakens and jeopardizes the rope as a whole.
כמו שהמשיל הנביא החטאים לענן המאפיל אור השמש
In this manner the prophet compares sins to a cloud that dims the light of the sun.
כמו שנאמר: מחיתי כעב פשעיך
As the verse states,2 “I have erased your transgressions like a thick cloud” (that can dissipate).
הם עבירות חמורות, המבדילות בין פנימית השפעת שם הוי׳ ברוך הוא לנפש האלקית
This refers to the grave sins (3that are barriers) between the internal aspect of the power flowing forth from the Tetragrammaton, and the Divine soul.
כהבדלת ענן עב וחשוך המבדיל בין השמים לארץ ולדרים עליה, על דרך משל
This is like the separation of a thick, dark cloud that stands between the sun and the earth with its inhabitants.4
וכענן חטאתיך, הן עבירות קלות שאדם דש בעקביו
[The above verse continues:] “…and your sins like a cloud.” These are the lesser sins that man tramples under his heel,
המבדילות כהבדלת ענן קל וקלוש, על דרך משל
[sins] that obscure as does a thin and wispy cloud.
והנה, כמו שבמשל הזה, אם משים אדם נגד אור השמש בחלון מחיצות קלות וקלושות לרוב מאד, הן מאפילות כמו מחיצה אחת עבה, ויותר
In the illustration, if one obscures the sunlight streaming through a window with many fine and flimsy curtains, they will darken as much as one thick curtain will, and even more.
וככה ממש הוא בנמשל
This is exactly so in the analogue,
בכל עונות שאדם דש בעקביו
with all those cloud-like sins upon which man tramples indifferently, because they seem to be of little import: they obscure the Divine light by their multitudinous repetition as do many fine curtains, “darkening as much as one thick curtain will, and even more”;
ומכל שכן המפורסמות מדברי רז״ל, שהן ממש כעבודה זרה וגילוי עריות ושפיכות דמים
and certainly with those sins that our Sages often warned against, that are actually like idolatry, immorality and bloodshed.
כמו העלמת עין מן הצדקה
For example:5 ignoring the needy,
כמו שכתוב: השמר לך פן יהיה דבר עם לבבך בליעל וגו׳
concerning which Scripture writes,6 “Beware lest there be in your heart something unworthy….”
ובליעל היא עבודת אלילים וכו׳
Beliyaal (here translated “unworthy”) is used in reference to idolatry7..., from which we learn that ignoring the needy is likened to idolatry.
והמספר בגנות חבירו, היא לשון הרע, השקולה כעבודה זרה וגילוי עריות ושפיכות דמים
Or talebearing, the evil tongue, that is equated to idolatry, immorality, and bloodshed.8
וכל הכועס כאילו עובד עבודה זרה
Likewise, the vile-tempered is like the idolatrous,9
וכן מי שיש בו גסות הרוח
and so is the arrogant.10
וכהנה רבות בגמרא
There are many such cases described in the Talmud — of sins whose punishment is not as severe as that of idolatry and the like, but which nonetheless effect a similar spiritual blemish,
ותלמוד תורה כנגד כולן
and [the sin of neglecting] the study of the Torah equals them all.
כמאמר רז״ל: ויתר הקב״ה על עבודה זרה וכו׳
As our Sages assert,11 “G d has overlooked idolatry, [immorality and bloodshed, but has not overlooked the sin of neglecting Torah study].”
Thus, sins such as ignoring the needy, talebearing, and so on, though not carrying the punishment of excision or death by the hand of heaven, nonetheless sever the soul from its Divine source.
ולכן סידרו בקריאת שמע שעל המטה, לקבל עליו ד׳ מיתות בית דין וכו׳
For this reason it was ordained that in the course of Keriat Shema at the bedside12 one should accept the four executions of the court, and so on.
This acceptance is recited even by those who have never committed capital sins, because many other sins blemish the soul to the same degree as do those which are punishable by any of the four executions administered by the court.
מלבד שעל פי הסוד כל הפוגם באות יו״ד של שם הוי׳ כאילו נתחייב סקילה
Besides, according to Sod, the mystical dimension of the Torah, causing a defect in the yud of the Tetragrammaton is like incurring lapidation;
והפוגם באות ה״א כאילו נתחייב שריפה
causing a defect in the hei is like incurring burning;
ובאות וי״ו כאילו נתחייב הרג
[causing a defect] in the vav is like incurring the sword;
ובאות ה״א אחרונה כאילו נתחייב חנק
and [causing a defect in] the latter hei is like incurring strangulation.
והמבטל קריאת שמע פוגם באות יו״ד, ותפילין באות ה״א
Neglecting the Shema impairs the yud, and tefillin the hei,
וציצית באות וי״ו ותפלה באות ה״א וכו׳
tzitzit the vav, and prayer the latter hei, and so on.
We thus see that according to the Kabbalah the soul can be blemished through other sins just as by a capital sin. Undertaking the “four executions” clears the soul of these blemishes.
ומזה יוכל המשכיל ללמוד לשאר עונות וחטאים
From this a thinking man can infer for other sins and transgressions (The Rebbe adds: “…which one of the letters of the Tetragrammaton they are related to, and thus, to which manner of execution”),
וביטול תורה כנגד כולן
and for [the sin of] neglecting the study of the Torah, which is equivalent to them all.
All the above lends the thinking person a contrite heart, as he grows aware of the blemish caused even by his supposedly lesser sins.
This contrition is the second preparatory step along the “true and direct” path to the lower level of repentance. For contrition crushes the kelipot and sitra achra and enables a man to repent truthfully, earnestly regretting his past misdeeds and firmly resolving to better his future ways.
FOOTNOTES
1. Note of the Rebbe: “The proof of the Ran is well known (and it appears as an actual point of law in the Shulchan Aruch of the Alter Rebbe, Orach Chayim 328:16) — that the repeated transgression of a prohibition of the Torah involving a quantity that is less than the minimal punishable amount, is more serious than transgressing a prohibition that incurs death by lapidation! (Incidentally, this serves to prove (cf. below) that a multitude of seemingly lesser sins can ‘darken as much..., and even more.’)”
2. Yeshayahu 44:22.
3. Parentheses are in the original text.
4. Note of the Rebbe: “This phrase would appear to be superfluous. Possibly it relates to two details in the analogue: the lower hei (Malchut, earth); the divine soul (‘with its inhabitants’).”
5. Note of the Rebbe: “Ketubbot 68a.”
6. Devarim 15:9.
7. Note of the Rebbe: “Until here, as in the Gemara, loc. cit., and Sanhedrin 111b.”
8. Note of the Rebbe: “Arachin 15b.”
9. Zohar II, 182b; Rambam, Hilchot De‘ot 2:3.
10. Cf. Sotah 4b.
11. Introduction to Eichah Rabbah, beg. of Sec. 2; Yerushalmi, Chagigah 1:7.
12. Note of the Rebbe: “Even though it is not the function of Iggeret HaTeshuvah to explain the prayers, this comment is relevant here because one of the themes of the bedside Keriat Shema is stocktaking and teshuvah. (See also Part I, end of ch. 7.)”
-------
Rambam:
• Daily Mitzvah - Sefer Hamitzvos:
Friday, Tammuz 27, 5774 • July 25, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 107
Ritual Impurity Contracted through Contact with a Corpse
We are commanded regarding the ritual impurity contracted through contact with a human corpse. [I.e., if contracted, one must follow all the laws associated with this impurity.]
Ritual Impurity Contracted through Contact with a Corpse
Positive Commandment 107
Translated by Berel Bell
The 107th mitzvah1 is that we are commanded regarding the tumah conveyed by a dead body.2 This mitzvah includes all the laws relating to tumas meis.3
FOOTNOTES
1.In the order given here, following the order of Mishneh Torah, P107 is the first of the commandments dealing with tumah and taharah (ritual purity and impurity). In the order of Sefer HaMitzvos, however, P96 is the first of these mitzvos, and there the Rambam gives a general introduction to all these mitzvos.
2.Num. 19:11ff.
3.Such as which parts of the body convey tumah, how it is conveyed, etc. See Hilchos Tumas Meis.
________________________________________
Rambam:
• 1 Chapter: She'elah uFikkadon She'elah uFikkadon - Chapter 1
She'elah uFikkadon - Chapter 1
The Laws of Borrowing and of Entrusted Objects
They contain two positive mitzvot: The first, the laws pertaining to borrowers; and the second, the laws pertaining to an unpaid watchman.
These mitzvot are explained in the chapters that follow.
Halacha 1
When a person borrows utensils, an animal or other movable property from a colleague, and it is lost or stolen, or even if it is destroyed by factors beyond his control - e.g., an animal is injured, taken captive or dies - the borrower is required to make restitution for the entire worth of the article, as stated in Exodus 22:13: "If a person borrows an animal from a colleague and it will become injured or die, and the owner is not with him, he must make financial restitution."
When does the above apply? When the loss due to factors beyond his control does not take place while the borrower is working with the animal. If, however, a person borrows a colleague's animal to plow, and it dies while plowing, the borrower is not liable. If, however, the animal dies before he plowed with it or after he plowed with it, or he rode upon it or threshed with it and the animal died while he was threshing or riding, the borrower is liable to make financial restitution. Similar laws apply in all analogous situations.
Similarly, if a person borrows an animal to travel to a particular place and the animal dies under him on that journey, he borrows a bucket to fill water with it and it falls apart in the cistern while he is filling it, he borrows a hatchet to split wood and it breaks because of the chopping while he is splitting the wood, he is not liable. Similar laws apply in all analogous situations. The rationale is that he borrowed the article solely to perform this task, and he did not deviate from his original request.
Halacha 2
The following rules apply when a person borrows an animal from a colleague, it dies, and the borrower claims that it died while in the midst of work. If he borrowed it to travel to a place where people are commonly present, he must bring witnesses who testify that it died or it was destroyed by forces beyond his control while he was working with it, and he did not deviate from his original request. He is then freed of liability. If he does not bring proof, he is liable.
Different rules apply when a person borrows an animal to fill up the earth in his ruin, i.e., a place where it is not common for witnesses to be present, or he borrowed a bucket to fill the cistern in his house and the bucket was destroyed in the cistern. If he brings proof that the animal or the object was destroyed in the process of performing the task for which it was borrowed, he is not liable even to take an oath. If he cannot bring proof, he must take the oath required of watchmen that the animal died during the performance of the task for which it was borrowed. Similar laws apply in all analogous situations.
Halacha 3
When a person borrows a utensil from a colleague and it breaks, the utensil is evaluated in the same way as a utensil one damages is evaluated. We evaluate how much the object was worth while it was complete and how much it is worth in its present state. The borrower returns the broken utensil or the injured animal to the owner and makes financial restitution for the damages.Similarly, if the animal dies, he may return the carcass and make restitution for the animal's decrease in value.
Halacha 4
When a person borrows an animal, he becomes liable to provide it with food from the time he performs meshichah until the conclusion of the time for which he borrowed it. If its meat depreciates in value, he is liable to pay for that reduction. If its meat depreciates in value because of the work the animal performs, he is not liable. He must, however, take the oath required of a watchman, swearing that it depreciated because of the work.
Halacha 5
When a person borrows an article or an animal from a colleague without making any stipulation, the lender may require him to return it at any time. If he borrowed it for a set time, once he performs meshichah with it, he acquires it, and the owner may not compel the borrower to return it from his possession until the conclusion of the period for which it was borrowed. Indeed, even if the borrower dies, his heirs are entitled to continue using the borrowed article until the conclusion of the period for which it was lent out.
This concept can be appreciated by logical deduction. A purchaser acquires the body of the article he purchases forever in return for the money he gave. The recipient of a present acquires the body of the article he receives forever, although he did not give anything. Similarly, a renter acquires the body of an article for the sake of deriving benefit from it for a limited time in return for the money he gave. And a borrower acquires the body of an article for the sake of deriving benefit from it for a limited time without giving anything. Thus, just as the giver of a present resembles a seller in that he cannot retract his gift forever, so too, a person who lends an article resembles one who hires it out, in that he cannot retract in the midst of the term of the agreement.
When a father leaves his sons a cow that he had borrowed and it dies, they are not liable for the loss its owner suffers. If they thought that it belonged to their father and they slaughtered it and ate it, they are required to pay the price of its meat at a low price. If their father left them an estate, and the borrowed cow died or was slaughtered by them, they must pay its worth from the estate.
Halacha 6
When a person borrows a utensil for the sake of performing a particular task, the person who lent it cannot force the borrower to return it from his possession until the borrower performs that task. Similarly, if he borrows an animal in order to travel to a particular place, the owner may not compel the borrower to return it until he goes to that place and returns.
Halacha 7
When a person asks a colleague: "Lend me your spade to hoe this orchard," he is allowed to hoe only that particular orchard. He may not hoe another orchard with it.
If the borrower said: "to hoe an orchard" without describing it further, he may use it to hoe any orchard he desires. If he borrowed it to hoe his orchards, he may hoe all the orchards he owns. Even if the iron of the spade becomes entirely worn away while hoeing, it is sufficient for him to return the wooden handle of the hoe. Similar laws apply in all analogous situations.
Halacha 8
The following rule applies when a person borrows a utensil from a colleague to use and tells him: "Lend me this item according to your generosity." That expression implies "Don't lend it to me like others who lend out articles, but according to the goodness of your heart and your generosity, that you will not be concerned about the time, even if it becomes extended."
If a kinyan was established with the lender concerning this, the borrower may use the article without limit until it is no longer suitable to perform its function. He must then return its broken pieces or the remnants. The borrower may not, however, fix the utensil and thus make it useful again.
Halacha 9
When a person asks a colleague: "Lend me this stone tub of water," and it was destroyed, he may not rebuild it. If the borrower asks the owner: "Lend me a stone tub," without any description, and it is destroyed, he may rebuild it.
If he asked him: "Lend me the place of a stone tub," if a kinyan was established affirming this agreement, the borrower may build on the property of the lender until he constructs a stone tub that he may use to water his animal or irrigate his land, as he stipulated when speaking to the lender.
Halacha 10
When a person borrows an inn from a colleague "to spend the night," the intent is no less than one day. "To spend the Sabbath," the intent is no less than two days. "For marriage," the intent is no less than 30 days.
When a person borrows a garment from a colleague to visit a person in mourning, he may keep it for the time it takes to go and return. When a person borrows a garment to attend a wedding celebration, he may keep it for that entire day. If he borrows it for his own wedding, he may keep it for at least seven days.
-------
Rambam:
• 3 Chapters: Tum'at Met Tum'at Met - Chapter 9, Tum'at Met Tum'at Met - Chapter 10, Tum'at Met Tum'at Met - Chapter 11
Tum'at Met - Chapter 9
Halacha 1
When a person was digging in a field and he found many corpses in a one pit, one on top of the other or one next to the other, or he found the bodies of people who were slain, or he found a corpse sitting or with its head between its knees, he need not be concerned that perhaps this was a cemetery. Instead he should take the corpses and all the soft earth beneath it and then dig down three fingerbreadths He should then take all of this away. The remainder of the field is considered as pure just as it was before the corpse was discovered. This earth and the three fingerbreadths of virgin soil is called the tevusah of the corpse.
Halacha 2
When the bodies of slain corpses are found in a field, one should collect all the bones from the field and then, it is pure. Similarly, when one disinters a corpse from a grave in his field, he should gather all the bones one by one and then it is pure. one should gather all the bones one by one and then it is pure. Similarly, if he discovered two corpses buried in an ordinary manner, he should remove both of them and the earth of their tevusah, and the entire field is pure. More stringent laws apply when one finds three corpses, each one lying in the manner in which corpses are usually buried. If there are between four and eight cubits between one grave and the other - i.e., the space for a bier and the buriers - it is necessary to check an additional twenty cubits - i.e., the space for two burial crypts and the open space between them from the last grave. If he does not find another corpse in this space, those twenty cubits that he checked are pure, even though they are in an area close to graves.
If he finds another corpse at the end of the 20 cubit area, it is necessary to check another twenty cubits from it, for there is a basis for the assumption that other graves will be found.
If one of the corpses that was found originally or ultimately had been slain, was sitting, or lying in an unordinary manner, e.g., its head was between its knees, it is not necessary to check another twenty cubits. Instead, one must merely remove the remains of the corpse and its tevusah, The rationale is that we operate on the presumption that the corpses are of gentiles.
Halacha 4
The laws governing the impurity of graves do not apply to those of gentiles since the impurity of ohel does not apply with regard to them. One who touches their graves is pure unless he touches the corpse itself or carries it.
Halacha 5
When a corpse is lacking a limb or an organ that, were it to be removed from a living person, he would die, there is no requirement to remove the tevusah, nor is there an obligation to check the area around the grave. When corpses are found lying openly on the surface of a field, there is no requirement to remove the tevusah, nor is there an obligation to check the area around the grave. Instead, one should merely gather bone after bone, and the area is pure.
When a corpse is buried without permission of the owner of the field, there is a requirement to remove the tevusah, but there is no obligation to check the area around the grave.
Halacha 6
When one finds three corpses buried in an ordinary manner at the outset, three hollows in the wall of a cave, or a hollow, a grave, and a crypt, it is considered as a burial area.
If one finds two and the existence of one had been known previously, there is a requirement to remove the tevusah, but there is no obligation to check the area around the grave. The rationale is that a grave whose existence is known does not cause a place to be considered as a burial area. It was said only that when one finds three graves at the outset, then an inspection is required.
How should the inspection of the twenty cubits mentioned be carried out? One should dig until he reaches a rock or virgin earth, i.e., earth that appears that it has never been tilled. If one dug even 100 cubits deep and discovered earth that was plowed, the original requirement remains and one must dig deeper until he reaches virgin earth. If one reaches water, it is as if he reached virgin earth.
Halacha 7
When making this inspection, a person does not have to dig a trench extending from the beginning of the twenty cubits until their end. Instead, it is sufficient for him to dig a trench one cubit by one cubit, leave a cubit as is, and dig another cubit by cubit trench, continuing this pattern until the end. The rationale is that there is never less than a cubit between one grave and another.
Halacha 8
If while one was checking, within the twenty cubits, he reached a river, an irrigation channel, or a public thoroughfare, he should cease. There is no need to search further, because the burial area has been interrupted.
Halacha 9
The person who removes the earth which is searched is considered as pure unless impurity is discovered in the place which was dug up. Before it is discovered, he may partake of terumah.
One who is digging up a landslide may not partake of terumah, for it is certain that there are corpses under the landslide. It is only that he is not aware of their location.
Halacha 10
The following laws apply when an impure landslide becomes intermingled with two pure landslides. If one inspected one of them and found it to be pure, it is considered pure and the others impure. If he inspected two of them and found them to be pure, they are considered pure and the other impure. If he inspected all three and found them to be pure, they are all presumed to be impure until he inspects the three of them to the extent that he reaches a stone or virgin earth and discovers all three to be pure.
Halacha 11
When there is a pit into which miscarried fetuses are cast, one who stands over it is impure according to Scriptural Law. Although moles and hyenas are found there, a mere possibility does not change the definitive ruling based on prior conditions. If, however, a woman cast a miscarried fetus there and it was not determined whether she miscarried something which imparts impurity or not, since there are moles and hyenas there, the multiple doubts cause the place to be deemed pure.
Halacha 12
It is well known that all these and other similar instances which are ruled impure although there is a doubt involved are Rabbinic safeguards. According to Scriptural Law, only one who has definitely contracted impurity is deemed impure. All stringencies stemming from doubt, whether with regard to ritual impurity, forbidden foods, forbidden intimate relations, or the observance of the Sabbath, are only Rabbinic in origin, as we explained in Hilchot Issurei Bi'ah and in other places. Nevertheless, when there is a situation where one would be liable for karet for an intentional violation, it is forbidden by Scriptural Law to act in a manner that allows for the possibility that one committed such a violation, as evidenced by the fact that one who performs such an act is obligated to bring a provisional guilt-offering, as stated in Hilchot Shegagot.
Tum'at Met - Chapter 10
Halacha 1
What is meant by a beit hapras? A place where a grave was plowed over. Since, in such a situation, the bones of the corpse are crushed and dispersed throughout the field, our Sages decreed that any field where a grave was plowed over is impure. This applies even if one plowed over a coffin and even when the corpse was placed under stone tablets or rocks. Even if there two stories high of earth above a coffin, since one plowed over the grave, the field is considered as a beit hapras.
How large an area is considered as a beit hapras? 100 cubits by 100 cubits from the place of the grave.
Halacha 2
All of this square, which is an area in which four se'ah of grain can be sown is a beit hapras. Its earth imparts impurity when it is touched or carried, as we explained. It does not impart impurity because of ohel. Similarly, one who stands over a beit hapras is pure.
Halacha 3
If one began to plow and plowed over a grave, and while continuing to plow, before he completed the 100 cubits, shook out the plow or knocked it against a rock or a fence, he makes the dield a beit hapras only to that point. The remainder of the 100 cubits are pure, because he did not reach it while continuing to plow.
If he plowed 50 cubits or more and then continued plowing until he completed the 100 cubits, the entire area is considered a beit hapras. If he continued plowing beyond the 100 cubits, the area beyond 100 cubits is pure, because the bones in the grave will not be carried more than 100 cubits.
Halacha 4
We operate under the assumption that bones that were buried are human unless it is known that they came from an animal. Conversely, we operate under the assumption that any bones that are openly revealed are from an animal unless it is known that they are human.
When there was a trench filled with human bones or there were human bones piled on earth, and one plowed these bones together with a field or one plowed a field in which a grave was lost or one in which a grave was discovered, a beit hapras is not created. For our Sages deemed impure only a field in which a grave whose identity was definitely known was plowed. Similarly, when one plows the body of a corpse together with a field, it is not deemed a beit hapras. The rationale is that all these are uncommon situations and our Sages instituted their decree only with regard to a field that was plowed, for this is a common situation.
Halacha 5
When a person plows a grave in a field that does not belong to him, he does not create a beit hapras, because a person cannot cause an article that does not belong to him to become forbidden. Even a partner, a sharecropper, or a guardian does not create a beit hapras.
When a person plowed over a grave in a field which belongs to him and to a colleague as one, he creates a beit hapras in his portion, but not in the portion belonging to his colleague.
Halacha 6
When a gentile plows a grave in his field, he does not create a beit hapras, because the concept of a beit hapras does not apply with regard to gentiles.
Halacha 7
When there is a field which is a beit hapras above and a field that is pure below and rain washes the earth from the beit hapras to the pure field, it remains pure. These laws apply even the earth of the lower field was red and it became white or it was white and it became red. The rationale is that a beit hapras does not make a second beit hapras and impurity was decreed only on the earth in its original state.
Halacha 8
It is permitted to plant any tree or bush in a beit hapras, because their roots extend below three handbreadths and the area below three handbreadths in a beit hapras is pure, for the bones from the grave are spread out over the surface of the field. We do not, by contrast, sow in it any seeds from which grow crops that are not reaped.
If one sowed crops in such a field and harvested them by uprooting them, one must collect the grainheap in that field and sift the grain with two sifters - and if one grew beans, with three sifters - lest one find a bone the size of a barley corn. One must burn the chaff of the grain and beans there. This is a decree lest there be a bone the size of a barley corn among it. If one were allowed to benefit from the chaff, he would take it out of the field and sell it and thus spread the impurity.
Halacha 9
When there is a field that is presumed to be a beit hapras, we continue to operate under this assumption even if it is large enough to grow four kor of grain, even if it is to the side of a place of soft mud which is not plowed, and thus does not become a beit hapras, and even if a pure field surrounds it on all four sides.
Halacha 10
When a person discovers a field that has been designated and does not know what the nature of the problem is, he should follow these guidelines. If it has trees in it, he should assume that a grave was plowed over in it. If it does not have trees, he should assume that a grave was lost in it, as has been explained. The above applies provided there is an elder or a Torah scholar in this place, because not every person is knowledgeable concerning such matters and is not aware that it is permitted to plant in this type of field and forbidden to plant in another.
Halacha 11
When a person walks through a beit hapras on stones that do not wobble under a person's feet when he is walking on them or he enters it when he is riding on a person or an animal of formidable strength, he is pure. If, however, he walks on stones that usually shake while he treads upon them, even if he was careful and walked so that they would not shake, he is impure, as if he walked upon the ground itself. Similarly, if he was riding on a person who was not strong to the extent that his knees would knock against each other and his thighs would shake when he carried him or on an animal which was not strong to the extent that it would defecate when it carried him, he is impure as if he had walked on the field with his feet.
Halacha 12
When a person purifies a beit hapras, he must purify it in the presence of two Torah scholars.
How does he purify it? He gathers together all the earth that he can move from the surface of the entire field and places it in a sieve with small holes. He breaks the earth into small pieces and removes any bone that is the size of a barley-corn. Alternatively, it is pure if he places three handbreadths of earth from another place upon it or removed three handbreadths of earth from its entire surface.
If he removed three handbreadths of earth from half the field and placed three handbreadths of earth over the other half, it is pure. If he removed a handbreadth and a half from its surface and placed another handbreadth and a half of earth from another place upon it, his actions are of no consequence. Similarly, if he leveled it and checked it from above and below while removing the rocks, his actions are of no consequence. If he paved it with stones that will not shake when a man walks upon it, it is pure.
Tum'at Met - Chapter 11
Halacha 1
With regard to the earth of the Diaspora:66 our Sages instituted a decree regarding a clod of earth - that it be considered like a beit hapras. They would only deem impure one who walked on it or touched or carried its earth. Afterwards, they decreed that even its space imparts impurity, even if one did not touch or carry its earth. Instead, even when one merely inserted his head and the majority of his body into the space of the Diaspora, he becomes impure. Similarly, if the open space of an earthenware implement was taken into the Diaspora or the larger portion of other types of implements were taken into the open space of the Diaspora, they contract impurity.
Halacha 2
The impurity of the open space of the Diaspora is not as severe as the impurity of its earth, but instead, is more lenient. Because of the impurity of its earth, terumot and sacrificial foods are burnt and one who carries such earth contracts the impurity that lasts seven days and the ashes of the Red Heifer must be sprinkled on him on the third and seventh days. When, by contrast, one contracts impurity through entering its open space, it is not required that the ashes of the Red Heifer be sprinkled on him on the third and seventh days, merely that he immerse himself in a mikveh and wait until sunset. Similarly, the ruling concerning terumot and sacrificial foods that contracted impurity through entering its open space is held in abeyance; they are not eaten, nor are they burnt.
Halacha 3
The earth of the Diaspora and the earth of a beit hapras impart impurity when touched or carried, as explained.
What is the measure that imparts impurity? The amount of earth necessary for a seal for sacks. This is the size of the large ball of a sack-maker's needle.
The following rules apply when the earth of the Diaspora or the earth of a beit hapras comes attached to a vegetable. If there is an amount the size of the seal of a sack in one place, it imparts purity. If not, the various pieces of earth are not combined. The rationale is that our Sages instituted a decree only on a clod of earth in its natural state. An incident occurred when letters from the Diaspora were coming to the sons of the High Priests and there were about a se'ah or two of seals. They nevertheless did not show any concern regarding their impurity, because not one of the seals was as large as the seal of a sack.
Halacha 4
The following rules apply when a person brings ovens, cups, and other earthenware utensils from the Diaspora. Until they were fired in a kiln, they are considered impure because of the earth of the Diaspora. Once they were fired, they are considered impure like an earthenware utensil that became impure in the lands of the Diaspora. Such a utensil does not impart impurity to people or utensils, as we explained.
Halacha 5
When a person is walking on mountains and boulders in the Diaspora, he contracts the impurity that lasts seven days. If he proceeds in the sea or in a place where the waves of the sea wash up, he is pure despite the decree against touching the earth of the Diaspora, but is impure because of the decree against entering its open space.
One who enters the Diaspora in a cabinet, chest, or closet which are carried in the air is impure, because a tent that is movable, is not considered as a tent.
Halacha 6
The earth of Syria is impure like the earth of the Diaspora. Its open space is pure, because a decree was not imposed concerning it.
Therefore if there was a portion of Syria next to Eretz Yisrael, one edge to the other edge without the earth of the Diaspora, a cemetery, or a beit hapras interposing between them, one could enter there in a state of purity in a cabinet, chest, or closet, provided he did not touch its earth. Similarly, if there is a portion of the earth of the Diaspora next to Eretz Yisrael and there is no place of impurity between them, it may be checked and is considered as pure.
Halacha 7
A place where gentiles dwelled in Eretz Yisrael is considered impure like the earth of the Diaspora until it is inspected, lest a miscarried fetus have been buried there.
Halacha 8
The ruling concerning terumah and sacrificial food that became impure because they were brought into a dwelling of the gentiles should be held in abeyance; they are not eaten, nor are they burnt.
How long must gentiles stay in a dwelling for it to require an inspection? 40 days, sufficient time for a woman to become pregnant and miscarry a fetus that conveys impurity. Even if a gentile man without a wife stays in a dwelling for 40 days, it is impure until it is inspected. This is a decree, instituted because of a dwelling where there is a woman. Even a servant, a eunuch, a woman, or a minor of nine years of age causes a dwelling to be considered as "the dwelling of a gentile."
Halacha 9
If there was a Jewish servant, woman, or minor who was nine years old in a dwelling of the gentiles, guarding so that a fetus would not be buried there, an inspection is not required.
What do they inspect? The deep septic drains and the cisterns of squalid water. Wherever a pig or a mole could drag out the fetus, an inspection is not necessary, because it can be assumed that they will drag it out.
When a dwelling of the gentiles is destroyed, it is still considered impure, until it is inspected.
Halacha 10
A covered walkway is not included in the decree concerning the dwellings of the gentiles because it is open and there is no place to hide a miscarried fetus.
There are ten places where the decree concerning the dwellings of the gentiles does not apply. Since these are not permanent dwellings, a decree considering them impure was not instituted with regard to them. These are the ten places: a) Arab tents, b) sukkot, c) rubber tents, d) storage areas, e) roofed areas above pillars without walls; people would dwell there in the summer, f) guard houses, g) the open space of a courtyard, h) a bathhouse, i) a workshop where arrows and other weapons are fashioned, and j) soldiers' barracks.
Halacha 11
The decree applying to the dwellings of gentiles does not pertain to a store unless a gentile dwells there. When a courtyard is impure as a result of the decree applying to the dwelling of gentiles, its gatehouse and the open space above it are impure like it. The decree applying to the dwellings of gentiles and the concept of a beit hapras do not apply in the Diaspora.
Halacha 12
The decree concerning the impurity of the earth of the Diaspora does not apply to gentile cities enclosed within the boundaries of Eretz Yisrael, e.g., Sisis and its suburbs, Ashkelon and its suburbs, despite the fact that they are exempt from the tithes and from the obligations of the Sabbatical year,
Although the roadways taken by festive pilgrims from Babylon are surrounded by the earth of the Diaspora, they are presumed to be pure.
-------
Hayom Yom:
• Friday, Tammuz 27, 5774 • 25 July 2014
"Today's Day"
Friday, Tamuz 27, 5703
Torah lessons: Chumash: Matot-Massai, Shishi with Rashi.
Tehillim: 120-134.
Tanya: One who has (p. 371) ...equals them all. (p. 373).
A brilliant and renowned scholar, exceptionally gifted and remarkably profound in his studies, came to Lyozna and threw himself into the study of Chassidus. With his powerful intellectual propensity he amassed - within a short time - a great and broad knowledge in Chassidus.
At his first yechidus with the Alter Rebbe, he asked: "Rebbe, what do I lack?" The Rebbe replied: "You lack nothing, for you are G-d-fearing and a scholar. You do need, however, to rid yourself of the chametz - which is awareness of self, and arrogance - and to bring in matza, which is bitul, renunciation of self." An "implement"1 (such as a roasting-spit) may have been used with yeshut, awareness of self; the person imagines himself to be "light." Such pride repels the Shechina (G-d's presence), for "he and (G-d) cannot dwell together."2 That implement (or vessel, i.e. person) needs purging through such intense white heat that the "sparks" of the birurim (purification) fly out3 and are absorbed in the true light."4
FOOTNOTES
1. Meaning a person.
2. Sota 5a.
3. This teaching parallels a law of kashering vessels (see Shulchan Aruch HaRav Hilchot Pesach, 451:13): A vessel used for chametz directly in fire - like a roasting-spit - needs white-heat purging "till the sparks fly" to render it fit for Passover ("for matza use"). The word for "fire" ("...used directly in fire"), ur, is virtually the same as or, "light," with identical letters (in Hebrew) and root; the two terms are interchangeable. Hence, the spiritual "kashering law": A vessel (person) used, like the spit, directly in fire (i.e. he arrogantly imagines himself to be "light") needs white-heat purging etc.
4. "...are absorbed in the true light"; by contrast to the self-deluded "light" mentioned earlier. See "On the Teachings of Chassidus" Chapter 24, for an expanded presentation.
-------
Daily Thought:
The Lost Ark
In Solomon’s Temple, there were two places reserved for the Holy Ark: One in the Chamber of the Holy of Holies, and one hidden deep beneath that chamber.
There are two places to find G‑d’s Presence in all its glory.
One is in the most holy of chambers, beyond the place of light and heavenly incense. There G‑d Himself could be found by the most perfect of mortals on the most sublime day of the year.
Today, we cannot enter that place. But there is another place, a place always accessible, beyond catacombs and convoluted mazes, deep within the earth’s bowels.
There, those whose faces are charred with the ashes of failure, their hands bloody from scraping through dirt and stone, their clothes torn from falling again and again, and their hearts ripped by bitter tears—there, in that subterranean darkness, they are blinded by the light of the hidden things of G‑d . . .
. . . until that Presence will shine for all of us, forever.(Likkutei Sichot, volume 26, pp. 156ff.)
-------
No comments:
Post a Comment