TODAY IN JEWISH HISTORY:
• PASSING OF R. CHAYIM BEN ATTAR (OHR HACHAYIM) (1743)
Passing of the famed Torah scholar and mystic Rabbi Chayim ben Attar (1696-1743), author of the Ohr HaChayim commentary on the Torah. Born in Morocco, he also lived and taught in Algiers, Italy, Acco and Jerusalem, where he settled a year before his passing. Many stories are told of his holiness and greatness, and of the repeated unsuccessful attempts by Rabbi Israel Baal Shem Tov to reach the Holy Land and meet with him in the belief that together they could bring the Moshiach and the final redemption.
DAILY QUOTE:
Those who are born are destined to die, and those who died are destined to live(Ethics of the Fathers 4:22)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Matot, 1st Portion Numbers 30:2-30:17 with Rashi
• Chapter 30
2. Moses spoke to the heads of the tribes of the children of Israel, saying: This is the thing the Lord has commanded. ב. וַיְדַבֵּר משֶׁה אֶל רָאשֵׁי הַמַּטּוֹת לִבְנֵי יִשְׂרָאֵל לֵאמֹר זֶה הַדָּבָר אֲשֶׁר צִוָּה יְהֹוָה:
the heads of the tribes: He honored the chieftains by teaching them first, and only later the rest of the Israelites. How do we know that he did so with other statements? For it says, “[Moses called to them] and Aaron and all the princes of the community returned to him, and Moses would speak to them. Afterwards, all the children of Israel would draw near” (Exod. 34:31-32). [If so,] why did [Scripture] see fit to mention it here? It is to teach us that annulment of vows may be performed by a single expert, and if no single expert is available, it may be annulled by three laymen. Alternatively, perhaps Moses related this passage to the princes alone? However, here it says, “This is the word,” and in [the chapter dealing with] sacrifices slaughtered outside the Temple confines it [also] says, “This is the word” (Lev. 17:2). Just as there it was said to Aaron, his sons and all the Israelites, as it says, “Speak to Aaron, etc.” (Lev. 17:2), so in this case was it said to all of them. — [Ned. 78a]
ראשי המטות: חלק כבוד לנשיאים ללמדם תחלה ואחר כך לכל בני ישראל. ומנין שאף שאר הדברות כן, תלמוד לומר (שמות לד, לא - לב) וישובו אליו אהרן וכל הנשיאים בעדה וידבר משה אליהם ואחרי כן נגשו כל בני ישראל. ומה ראה לאומרה כאן, למד שהפרת נדרים ביחיד מומחה ואם אין יחיד מומחה מפר בשלשה הדיוטות. או יכול שלא אמר משה פרשה זו אלא לנשיאים בלבד, נאמר כאן זה הדבר, ונאמר בשחוטי חוץ (ויקרא יז, ב) זה הדבר, מה להלן נאמרה לאהרן ולבניו ולכל בני ישראל, שנאמר דבר אל אהרן וגו', אף זו נאמרה לכולן:
This is the thing: Moses prophesied with, “So says the Lord, 'At the dividing point of the night… ’” (Exod. 11:4), and the prophets prophesied with [the phrase] “So says the Lord.” But Moses surpassed them, for he prophesied with the expression, “This is the thing.” Another interpretation: “This is the thing” is exclusive, informing us that a sage [revokes a vow] with the expression הַתָּרָה,“release” and the husband through the expression הִפָרָה “revocation,” as Scripture has here. If they exchange [these terms] there is neither a release nor a revocation. — [Sifrei Mattoth 2]
זה הדבר: משה נתנבא (שמות יא, ד) בכה אמר ה' כחצות הלילה, והנביאים נתנבאו בכה אמר ה', מוסף עליהם משה שנתנבא בלשון זה הדבר. דבר אחר זה הדבר מיעוט הוא, לומר שהחכם בלשון התרה ובעל בלשון הפרה, כלשון הכתוב כאן, ואם חלפו אין מותר ואין מופר:
3. If a man makes a vow to the Lord or makes an oath to prohibit himself, he shall not violate his word; according to whatever came out of his mouth, he shall do. ג. אִישׁ כִּי יִדֹּר נֶדֶר לַיהֹוָה אוֹ הִשָּׁבַע שְׁבֻעָה לֶאְסֹר אִסָּר עַל נַפְשׁוֹ לֹא יַחֵל דְּבָרוֹ כְּכָל הַיֹּצֵא מִפִּיו יַעֲשֶׂה:
a vow: By saying, “It shall be prohibited just like a sacrifice, that I will not eat, or I will not do a certain thing.” One might think that even if he swears to eat carrion, I apply to him “according to whatever came out of his mouth, he shall do.” Scripture therefore states,“to prohibit”-to prohibit what is permitted, but not to permit what is prohibited. — [Sifrei Mattoth 7]
נדר: האומר הרי עלי קונם שלא אוכל או שלא אעשה דבר פלוני, יכול אפילו נשבע שיאכל נבלות אני קורא עליו ככל היוצא מפיו יעשה, תלמוד לומר לאסור אסר, את המותר ולא להתיר את האסור:
he shall not violate his word: Heb. לֹא יַחֵל דְּבָרוֹ, like לֹא יְחַלֵּל דְּבָרוֹ“he shall not profane his word,” he shall not treat his word as being unholy. — [Sifrei Mattoth 8]
לא יחל דברו: כמו לא יחלל דברו, לא יעשה דבריו חולין:
4. If a woman makes a vow to the Lord, or imposes a prohibition [upon herself] while in her father's house, in her youth, ד. וְאִשָּׁה כִּי תִדֹּר נֶדֶר לַיהֹוָה וְאָסְרָה אִסָּר בְּבֵית אָבִיהָ בִּנְעֻרֶיהָ:
while in her father’s house: Under her father’s jurisdiction, even if she is not [actually] in his house. - [Sifrei Mattoth 12]
בבית אביה: ברשות אביה ואפילו אינה בביתו:
in her youth: Neither a minor nor an adult [above the age of twelve and a half], since a minor’s vows are invalid, and an adult is not under her father’s jurisdiction to revoke her vows. What is considered a minor? Our Rabbis said: A girl of eleven years and a day-her vows are examined. If she knew in whose name she vowed, or in whose name she consecrated something, her vow stands. From the age of twelve years and one day, she does not need to be tested. — [Niddah 45b]
בנעוריה: ולא קטנה ולא בוגרת, שהקטנה אין נדרה נדר והבוגרת אינה ברשותו של אביה להפר נדריה. ואי זו היא קטנה, אמרו רבותינו בת אחת עשרה שנה ויום אחד נדריה נבדקין. אם ידעה לשם מי נדרה ולשם מי הקדישה נדרה נדר. בת שתים עשרה שנה ויום אחד אינה צריכה להבדק:
5. if her father heard her vow or her prohibition which she has prohibited upon herself, yet her father remains silent, all her vows shall stand, and any prohibition that she has imposed upon herself shall stand. ה. וְשָׁמַע אָבִיהָ אֶת נִדְרָהּ וֶאֱסָרָהּ אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ וְהֶחֱרִישׁ לָהּ אָבִיהָ וְקָמוּ כָּל נְדָרֶיהָ וְכָל אִסָּר אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ יָקוּם:
6. But if her father hinders her on the day he hears it, all her vows and her prohibitions that she has imposed upon herself shall not stand. The Lord will forgive her because her father hindered her. ו. וְאִם הֵנִיא אָבִיהָ אֹתָהּ בְּיוֹם שָׁמְעוֹ כָּל נְדָרֶיהָ וֶאֱסָרֶיהָ אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ לֹא יָקוּם וַיהֹוָה יִסְלַח לָהּ כִּי הֵנִיא אָבִיהָ אֹתָהּ:
But if her father hinders her: Heb. הֵנִיא, if he prevented her from [fulfilling] the vow, that is to say, he revoked it. I would not know what this term of הַנָאָה [in the verse, הֵנִיא] means. However, when it says,“But if her husband hinders her on the day he heard it, he has revoked” (verse 9), I conclude that הִנָאָה means revocation. Literally, it is a term implying prevention and removal. Similarly,“Why do you discourage [lit., turn away (תְנִיאוּן) the people’s hearts]?” (32:7), and,“may the oil of the anointment of my head not turn my head away (יָנִי) ” (Ps. 141:5); similarly,“thus you will come to know My alienation (תְּנוּאֲתִי)” (14:34), that you have turned away from Me.
ואם הניא אביה אותה: אם מנע אותה מן הנדר, כלומר שהפר לה. הנאה זו איני יודע מה היא, כשהוא אומר ואם ביום שמוע אישה יניא אותה והפר, הוי אומר הנאה זו הפרה. ופשוטו לשון מניעה והסרה וכן (במדבר לב, ז) ולמה תניאון, וכן (תהלים קמא, ה) שמן ראש אל יני ראשי, וכן (במדבר יד, לד) וידעתם את תנואתי, את אשר סרתם מעלי:
and the Lord will forgive her: To what case does the verse refer? To a woman who took a nazarite vow, and her husband heard and revoked it for her without her knowledge. She then transgressed her vow by drinking wine and becoming unclean through contact with corpses-such [a woman] requires forgiveness even though it was revoked. And if those which have been revoked require forgiveness, all the more so those which have not been revoked. — [Sifrei Mattoth 17]
וה' יסלח לה: במה הכתוב מדבר באשה שנדרה בנזיר ושמע בעלה והפר לה והיא לא ידעה ועוברת על נדרה ושותה יין ומטמאה למתים, זו היא שצריכה סליחה, ואף על פי שהוא מופר. ואם המופרים צריכים סליחה, קל וחומר לשאינן מופרים:
7. But if she is [betrothed] to a man, with her vows upon her or by an utterance of her lips which she has imposed upon herself, ז. וְאִם הָיוֹ תִהְיֶה לְאִישׁ וּנְדָרֶיהָ עָלֶיהָ אוֹ מִבְטָא שְׂפָתֶיהָ אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ:
If she is [betrothed] to a man: Heb. וְאִם הָיֹה תִהְיֶה לְאִישׁ. This [refers to] a betrothed woman [i.e., אֲרוּסָה, the first stage of marriage, when the marriage ceremony has been performed, but the couple does not yet live together], or perhaps it refers to a married woman [נְשׂוּאָה, who lives already with her husband]? When [Scripture] says, “if she vowed in her husband’s house” (verse 11) it speaks of a married woman, so this must refer to a betrothed woman, and it comes to distinguish her [the betrothed woman from the married woman] in that both her father and husband [must] revoke her vows. If the father revoked it, but the husband did not revoke it, or if the husband revoked it, but the father did not revoke it, it is not revoked, and it goes without saying that if one of them upheld it. — [Ned. 67a]
ואם היו תהיה לאיש: זו ארוסה או אינו אלא נשואה, כשהוא אומר ואם בית אישה נדרה, הרי נשואה אמור וכאן בארוסה, ובא לחלוק בה, שאביה ובעלה מפירין נדריה. הפר האב ולא הפר הבעל או הפר הבעל ולא הפר האב, הרי זה אינו מופר, ואין צריך לומר אם קיים אחד מהם:
with her vows upon her: which she had vowed while in her father’s house, but her father had not heard them, so they were neither revoked nor upheld. — [Sifrei Mattoth 20]
ונדריה עליה: שנדרה בבית אביה ולא שמע בהן אביה ולא הופרו ולא הוקמו:
8. and her husband hears it but remains silent on the day he hears it, her vows shall stand, and her prohibition which she has imposed upon herself shall stand. ח. וְשָׁמַע אִישָׁהּ בְּיוֹם שָׁמְעוֹ וְהֶחֱרִישׁ לָהּ וְקָמוּ נְדָרֶיהָ וֶאֱסָרֶהָ אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ יָקֻמוּ:
and her husband heard…: Here you have the case that if the husband upholds it, it stands. - [Sifrei Mattoth 21]
ושמע אישה וגו': הרי לך שאם קיים הבעל שהוא קיים:
9. But if her husband hinders her on the day he heard it, he has revoked the vow she had taken upon herself and the utterance which she had imposed upon herself, and the Lord will forgive her. ט. וְאִם בְּיוֹם שְׁמֹעַ אִישָׁהּ יָנִיא אוֹתָהּ וְהֵפֵר אֶת נִדְרָהּ אֲשֶׁר עָלֶיהָ וְאֵת מִבְטָא שְׂפָתֶיהָ אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ וַיהֹוָה יִסְלַח לָהּ:
he has revoked the vow she had taken upon herself: I might think that even if the father had not revoked it [it is revoked]? Scripture therefore teaches,“in her youth, while in her father’s house” (verse 17); throughout her youth she is under her father’s jurisdiction. — [Sifrei Mattoth 31]
והפר את נדרה אשר עליה: יכול אפילו לא הפר האב, תלמוד לומר בנעוריה בית אביה, כל שבנעוריה ברשות אביה היא:
10. As for the vow of a widow or a divorced woman, whatever she prohibited upon herself will remain upon her. י. וְנֵדֶר אַלְמָנָה וּגְרוּשָׁה כֹּל אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ יָקוּם עָלֶיהָ:
whatever she prohibited upon herself will remain upon her: since she is neither under the jurisdiction of her father nor of her husband. Scripture refers to a widow from marriage, but if she is widowed from betrothal, as soon as her betrothed [husband] has died, she reverts to the jurisdiction of her father. — [Ned. 70a]
כל אשר אסרה על נפשה יקום עליה: לפי שאינה לא ברשות אב ולא ברשות בעל, ובאלמנה מן הנשואין הכתוב מדבר, אבל אלמנה מן האירוסין, מת הבעל נתרוקנה וחזרה לרשות האב:
11. But if she vowed in her husband's house, or imposed a prohibition upon herself with an oath. יא. וְאִם בֵּית אִישָׁהּ נָדָרָה אוֹ אָסְרָה אִסָּר עַל נַפְשָׁהּ בִּשְׁבֻעָה:
But if she made a vow in her husband’s house: Scripture refers to a married woman (נְשׂוּאָה). - [Sifrei Mattoth 25, Ned. 67a]
ואם בית אישה נדרה: בנשואה הכתוב מדבר:
12. and her husband heard and remained silent, and did not hinder her, all her vows shall stand, and every prohibition she imposed upon herself shall stand. יב. וְשָׁמַע אִישָׁהּ וְהֶחֱרִשׁ לָהּ לֹא הֵנִיא אֹתָהּ וְקָמוּ כָּל נְדָרֶיהָ וְכָל אִסָּר אֲשֶׁר אָסְרָה עַל נַפְשָׁהּ יָקוּם:
13. If her husband revokes them on the day he hears them, anything issuing from her lips regarding her vows or self imposed prohibitions shall not stand; her husband has revoked them and the Lord shall forgive her. יג. וְאִם הָפֵר יָפֵר אֹתָם | אִישָׁהּ בְּיוֹם שָׁמְעוֹ כָּל מוֹצָא שְׂפָתֶיהָ לִנְדָרֶיהָ וּלְאִסַּר נַפְשָׁהּ לֹא יָקוּם אִישָׁהּ הֲפֵרָם וַיהֹוָה יִסְלַח לָהּ:
14. Any vow or any binding oath of self affliction, her husband can either uphold it or revoke it. יד. כָּל נֵדֶר וְכָל שְׁבֻעַת אִסָּר לְעַנֹּת נָפֶשׁ אִישָׁהּ יְקִימֶנּוּ וְאִישָׁהּ יְפֵרֶנּוּ:
Any vow or any binding oath of self-affliction: Since it says that the husband may revoke, I might think this includes all vows? Scripture therefore says, “of self-affliction”-he can revoke only vows of self-affliction. They are delineated in Tractate Nedarim (79a).
כל נדר וכל שבועת אסר וגו': לפי שאמר שהבעל מפר, יכול כל נדרים במשמע, תלמוד לומר לענות נפש, אינו מפר אלא נדרי ענוי נפש בלבד. והם מפורשים במסכת נדרים (דף עט א):
15. However, if her husband remained silent from day to day, he has upheld all the vows and prohibitions she has assumed; he has upheld them since he remained silent on the day he heard it. טו. וְאִם הַחֲרֵשׁ יַחֲרִישׁ לָהּ אִישָׁהּ מִיּוֹם אֶל יוֹם וְהֵקִים אֶת כָּל נְדָרֶיהָ אוֹ אֶת כָּל אֱסָרֶיהָ אֲשֶׁר עָלֶיהָ הֵקִים אֹתָם כִּי הֶחֱרִשׁ לָהּ בְּיוֹם שָׁמְעוֹ:
from day to day: So that you should not say that [he has the power to revoke] for a twenty-four hour period, it says, “from day to day” to inform you that he may revoke only until nightfall. — [Ned. 76b]
מיום אל יום: שלא תאמר מעת לעת, לכך נאמר מיום אל יום, ללמדך שאין מפר אלא עד שתחשך:
16. If he revokes them after having heard [them], he shall bear her iniquity. טז. וְאִם הָפֵר יָפֵר אֹתָם אַחֲרֵי שָׁמְעוֹ וְנָשָׂא אֶת עֲוֹנָהּ:
after having heard them: After he heard and upheld [them], by saying,“I approve of it” and then he retracted and revoked it, even on that very day. — [Sifrei Mattoth 30]
אחרי שמעו: אחרי ששמע וקיים, שאמר אפשי בו, וחזר והפר לה אפילו בו ביום:
he shall bear her iniquity: He takes her place. We learn from here that if someone causes his fellow to stumble, he bears his punishments in his place. — [Sifrei Mattoth 30]
ונשא את עונה: הוא נכנס תחתיה. למדנו מכאן שהגורם תקלה לחבירו הוא נכנס תחתיו לכל עונשין:
17. These are the statutes which the Lord commanded Moses concerning a man and his wife, a father and his daughter, in her youth, while in her father's house. יז. אֵלֶּה הַחֻקִּים אֲשֶׁר צִוָּה יְהֹוָה אֶת משֶׁה בֵּין אִישׁ לְאִשְׁתּוֹ בֵּין אָב לְבִתּוֹ בִּנְעֻרֶיהָ בֵּית אָבִיהָ:
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Daily Tehillim: Psalms Chapters 77 - 78
• Chapter 77
1. For the Conductor, on the yedutun,1 by Asaph, a psalm.
2. [I raise] my voice to God and cry out; [I raise] my voice to God and He will listen to me.
3. On the day of my distress I sought my Lord. My wound oozes at night and does not abate; my soul refuses to be consoled.
4. I remember God and I moan; I speak and my spirit faints, Selah.
5. You grasped my eyelids; I am broken, I cannot speak.
6. I think of olden days, of ancient years.
7. During the night I recall my music, I meditate with my heart, and my spirit searches:
8. Is it for eternity that my Lord forsakes [me], nevermore to be appeased?
9. Has His kindness ceased forever? Has He sealed the decree for all generations?
10. Has God forgotten mercy? Has He in anger restrained His compassion forever?
11. I said, "It is to ter- rify me that the right hand of the Most High changes.”
12. I remember the deeds of Yah, when I remember Your wonders of long ago.
13. I meditate on all Your works, and speak of Your deeds.
14. O God, Your way is in sanctity; what god is as great as God?
15. You are the God Who works wonders; You make Your might known among the nations.
16. You redeemed Your people with a mighty arm, the children of Jacob and Joseph, Selah.
17. The waters2 saw You, O God, the waters saw You and trembled; even the deep shuddered.
18. The clouds streamed water, the heavens sounded forth, even Your arrows flew about.
19. The sound of Your thunder was in the rolling wind; lightning lit up the world; the earth trembled and quaked.
20. Your way was through the sea, Your path through the mighty waters; and Your footsteps were not known.3
21. You led Your people like a flock, by the hand of Moses and Aaron
Chapter 78
This psalm recounts all the miracles that God wrought for Israel, from the exodus of Egypt to David's becoming king over Israel.
1. A maskil1 by Asaph. Listen, my people, to my teaching; incline your ear to the words of my mouth.
2. I will open my mouth with a parable, I will utter riddles of long ago;
3. that which we have heard and know [to be true], and that our fathers have told us.
4. We will not withhold from their children, telling the final generation the praises of the Lord, and His might, and the wonders He has performed.
5. He established a testimony in Jacob, and set down the Torah in Israel, which He commanded our fathers to make known to their children,
6. so that the last generation shall know; children yet to be born will rise and tell their children,
7. and they shall put their hope in God, and not forget the works of the Almighty; and they shall guard His commandments.
8. And they shall not be like their fathers, a wayward and rebellious generation, a generation that did not set its heart straight, and whose spirit was not faithful to God.
9. The children of Ephraim, armed archers, retreated on the day of battle.2
10. They did not keep the covenant of God, and refused to follow His Torah.
11. They forgot His deeds and His wonders that He had shown them.
12. He performed wonders before their fathers, in the land of Egypt, in the field of Zoan.3
13. He split the sea and brought them across; He erected the waters like a wall.
14. He led them with a cloud by day, and all night long with the light of fire.
15. He split rocks in the wilderness, and gave them to drink as if from the abundant depths.
16. And He brought forth flowing waters from the rock, and caused waters to descend like rivers.
17. Yet they again continued to sin against Him, to provoke the Most High in the parched land.
18. And they tested God in their hearts, by requesting food for their craving.
19. They spoke against God; they said, "Can God set a table in the wilderness?
20. True, He hit the rock and waters flowed, streams gushed forth; but can He also give bread? Will He prepare meat for His people?”
21. And so the Lord heard and was enraged; a fire was kindled against Jacob; wrath, too, flared against Israel.
22. For they did not believe in God and did not trust in His salvation,
23. [though] He had commanded the skies above, and opened the doors of heaven.
24. He had rained upon them manna to eat, and given them grain of heaven.
25. Man ate the bread of angels; He sent them [enough] provisions to satiate.
26. He drove the east wind through the heaven, and led the south wind with His might.
27. He rained meat upon them like dust, winged birds like the sand of seas;
28. and He dropped them inside His camp, around His dwellings.
29. And they ate and were very satiated, for He brought them their desire.
30. They were not yet estranged from their craving, their food was still in their mouths,
31. when the wrath of God rose against them and slew their mighty ones, and brought down the chosen of Israel.
32. Despite this, they sinned again, and did not believe in His wonders;
33. so He ended their days in futility, and their years in terror.
34. When He slew them they would seek Him, they would return and pray to God.
35. They remembered that God is their rock, God the Most High, their redeemer.
36. But they beguiled Him with their mouth, and deceived Him with their tongue.
37. Their heart was not steadfast with Him; they were not faithful to His covenant.
38. Yet He is compassionate, pardons iniquity, and does not destroy; time and again He turns away His anger, and does not arouse all His wrath.
39. He remembered that they were but flesh, a spirit that leaves and does not return.
40. How often they provoked Him in the desert, and grieved Him in the wasteland!
41. Again and again they tested God, and sought a sign from the Holy One of Israel.
42. They did not remember His hand, the day He redeemed them from the oppressor;
43. that He set His signs in Egypt, and His wonders in the field of Zoan.
44. He turned their rivers to blood, and made their flowing waters undrinkable.
45. He sent against them a mixture of beasts which devoured them, and frogs that destroyed them.
46. He gave their produce to the grasshopper, and their toil to the locust.
47. He killed their vines with hail, and their sycamores with biting frost.
48. He delivered their animals to the hail, and their livestock to fiery bolts.
49. He sent against them His fierce anger, fury, rage, and affliction; a delegation of messengers of evil.
50. He leveled a path for His anger, and did not spare their soul from death; He delivered their animals to pestilence.
51. He struck every firstborn in Egypt, the first fruit of their strength in the tents of Ham.4
52. He drove His nation like sheep, and guided them like a flock in the desert.
53. He led them in security and they did not fear, for the sea covered their enemies.
54. And He brought them to the boundary of His holy place, this mountain which His right hand acquired.
55. He drove out nations before them, and allotted them an inheritance [measured] by the cord; He settled the tribes of Israel in their tents.
56. Yet they tested and defied God, the Most High, and did not keep His testimonies.
57. They regressed and rebelled like their fathers; they turned around like a deceptive bow.
58. They angered Him with their high altars, and provoked Him with their idols.
59. God heard and was enraged, and He was utterly disgusted with Israel;
60. And He abandoned the Tabernacle of Shilo, the Tent where He had dwelled among men.
61. He put His might into captivity, and His glory into the hand of the oppressor.
62. He delivered His nation to the sword, and was enraged with His inheritance.
63. Fire consumed His young men, and His maidens had no marriage song.
64. His priests fell by the sword, and their widows did not weep.5
65. And the Lord awoke like one who had been asleep, like a warrior shouting [to sober himself] from wine.
66. He beat His enemies into retreat, and dealt them eternal disgrace.
67. He was disgusted with the tent of Joseph, and did not choose the tribe of Ephraim.
68. He chose the tribe of Judah, Mount Zion which He loves.
69. And He built His Sanctuary [permanent as] the heavens; like the earth, He established it forever.
70. And He chose David His servant, and took him from the sheep corrals.
71. From following the nursing ewes, He brought Him to shepherd His nation Jacob, Israel His inheritance.
72. And he tended them with the integrity of his heart, and led them with the skill of his hands.
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Tanya: Igeret HaTeshuva , middle of Chapter 3
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, Tammuz 15, 5774 • July 13, 2014
Igeret HaTeshuva , middle of Chapter 3
אבל כל זה באדם חזק ובריא, שאין ריבוי הצומות מזיק לו כלל לבריאות גופו, וכמו בדורות הראשונים
However, all this1 applies to the strong and robust, whose physical health would not be harmed at all by repeated fasts, as in the generations of yore.
אבל מי שריבוי הצומות מזיק לו, שאפשר שיבוא לידי חולי או מיחוש, חס ושלום, כמו בדורותינו אלה
But whoever would be affected by many fasts, and might thereby suffer illness or pain, G d forbid, as in contemporary generations,
אסור לו להרבות בתעניות, אפילו על כריתות ומיתות בית דין, ומכל שכן על מצוות עשה ומצוות לא תעשה שאין בהן כרת
is forbidden to undertake numerous fasts, even for sins punishable by excision or execution, and certainly not for [violation of] the positive and prohibitive commands that do not involve excision.
אלא כפי אשר ישער בנפשו שבודאי לא יזיק לו כלל
Instead [the measure of fasting is] the personal estimate of what will not harm him at all.
כי אפילו בדורות הראשונים, בימי תנאים ואמוראים, לא היו מתענין בכהאי גוונא אלא הבריאים, דמצו לצעורי נפשייהו
For even in those early generations, in the times of the Tannaim and Amoraim, only the robust who could mortify themselves fasted so frequently.
ודלא מצי לצעורי נפשיה ומתענה, נקרא חוטא בגמרא, פרק קמא דתענית
But whoever cannot fast yet does so, is called a “sinner” in Tractate Taanit, ch. 1.2
ואפילו מתענה על עבירות שבידו, כדפירש רש״י שם
This applies even to one who fasts for specifically known sins, as Rashi explains there,
The very same author of the opinion that he who fasts frequently is considered “holy”, because (as Rashi explains) his sins are thereby expunged, goes on to state that he is considered a sinner if he cannot fast yet does so.
וכדאיתא בגמרא, פרק קמא דזבחים, שאין לך אדם מישראל שאינו מחויב עשה וכו׳
and it is written in Tractate Zevachim, ch. 1,3 that “there is no one of Israel who is not guilty of [transgressing] a positive commandment…,”
Thus, though there are always sins for which one should fast, one should do so only if this will in no way impair his health; otherwise, he is considered a sinner,
ומכל שכן מי שהוא בעל תורה, שחוטא ונענש בכפליים
especially if he is a student of Torah, in which case he is doubly punished,
כי מחמת חלישות התענית, לא יוכל לעסוק בה כראוי
for the weakness resulting from his fast prevents him from studying Torah properly.
אלא מה תקנתיה
What, then, is his remedy?
I.e., what is such a person to do in order to be beloved by his Creator as he was before his sin?
כדכתיב: וחטאך בצדקה פרוק
He should comply with the verse that says,4 “Redeem your sin with charity.”
וכמו שכתבו הפוסקים, ליתן בעד כל יום תענית של תשובה ערך ח״י גדולים פוליש
And, indeed, the codifiers of Torah law specified that one should donate the equivalent of eighteen [large Polish] coins called “gedolim Polish” for each day of repentance.
והעשיר יוסיף לפי עשרו וכו׳
The wealthy should add to this amount for the redemption of each fast-day according to his means,
כמו שכתב המגן אברהם, הלכות תענית
as stated in Magen Avraham in the Laws of Fasts.5
* * *
FOOTNOTES
1. Note of the Rebbe: “Concerning all the laws about to be stated, see Shulchan Aruch, Orach Chayim 571 and its commentaries; Shulchan Aruch Admur HaZaken, Hilchot Nizkei Guf veNefesh, Sub-section 4.”
2. Note of the Rebbe: “End of p. 11a; see also Rambam, Hilchot Deot, beg. of ch. 3, and commentators ad loc.”
3. 7a, and see Rashi there.
4. Daniel 4:24.
5. Shulchan Aruch, Orach Chayim 568:12, and commentaries.
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Rambam:
•Daily Mitzvah - Sefer Hamitzvos:
Sunday, Tammuz 15, 5774 • July 13, 2014
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 78
The Tithe of the Herd
"And all the tithe of the cattle and livestock, the tenth shall be holy to G d"—Leviticus 27:32.
We are commanded to separate a tenth of the kosher cattle and livestock born to us each year. Their blood and fats are sprinkled and offered on the altar, and the rest of the flesh is consumed in Jerusalem by the animals' owners.
According to biblical law, this mitzvah applies both in the land of Israel and outside of it, whether the Temple is standing or not [i.e., we are commanded to separate and sanctify the animals even though we cannot sacrifice them]. The Rabbis, however, instituted that we not perform this mitzvah when the Temple is not standing in Jerusalem—for fear lest someone consume the sanctified animal (before it becomes blemished and technically unfit for sacrifice).
When the Temple will be rebuilt, however, this mitzvah will be practiced in all locations.
The Tithe of the Herd
Positive Commandment 78
Translated by Berel Bell
And the 78th mitzvah is that we are commanded to separate a tithe from all the kosher animals1 which are born to us each year.2 We must sacrifice their fat and blood, and eat the remainder in Jerusalem.
The source of this commandment is G‑d's statement3 (exalted be He), "All tithes of the herds and flocks that are counted under the rod; every tenth one shall be consecrated to G‑d." This is known as the tithe of animals [ma'aser beheimah].
The details of this mitzvah are explained in the last chapter of Bechoros.4
It is explained there that this commandment applies even outside Israel and even when the Temple is no longer standing. This is by Torah law, but by Rabbinic decree our Sages said, "It only applies when the Temple is standing," because, since we have no Temple, someone might come to eat it even though it has no blemish.5 When the Temple will be built, it will apply both in Israel and outside Israel.
FOOTNOTES
1.I.e. cattle, sheep and goats.
2.Before Rosh Hashanah, one collects all the animals born that year, and separates one from every ten.
3.Lev. 27:32.
4.53a.
5.When the Temple was standing, the unblemished animal could be brought as a sacrifice, with the meat consumed by the owner. Without a Temple, once the animal is consecrated by being, "counted under the rod," nothing may be done with it unless it becomes blemished. In order to avoid it being eaten accidentally, our Sages prohibited it from being consecrated in the first place.
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Rambam:
• 1 Chapter: Sechirut Sechirut - Chapter 2 Sechirut - Chapter 2
Halacha 1
The three laws that the Torah states with regard to the four watchmen apply only with regard to movable property that is not consecrated and which belongs to a Jew.
This is derived from Exodus 22:6,9, which mentions: "money or articles and any animal." This excludes landed property and slaves, for they are equated with landed property. And it excludes promissory notes, for they themselves are not money.
And consecrated property is excluded, for ibid.:6 states: "When a person will give to his colleague." And this also excludes property owned by gentiles. Accordingly, our Sages stated: An unpaid watchman need not take an oath with regard to claims involving slaves, promissory notes, landed property and consecrated property. Similarly, a paid watchman or a renter need not pay if they are destroyed. If the watchman performed a kinyan confirming his responsibility for such articles, he is responsible for them.
Halacha 2
Our Sages ordained that the oaths required of watchmen should be taken with regard to consecrated property in the same manner as required by the Torah with regard to other property so that people should not deal lightly with consecrated property.
Halacha 3
It appears to me that a watchman who was negligent with regard to the care of slaves and the like is obligated to make restitution. For he is freed of responsibility with regard to slaves, landed property and promissory notes -only for the obligations stemming from theft, loss, death and the like. For if he was an unpaid watchman for movable property, and it was stolen or lost, he would be required to take an oath; but for slaves, landed property and promissory notes, he is not required to take an oath. Similarly, if he was a paid watchman, he would be required to make restitution for movable property that was stolen or lost, but for these he is freed of liability. If, however, he was negligent, he is required to make restitution. For everyone who is negligent is considered to be one who damages property, and there is no difference between the laws applying to a person who damages landed property and one who damages movable property.
This is a true judgment, as those who understand will see, and this is the appropriate way to rule. Similarly, my teachers issued the following rulings with regard to a person who entrusts his vine to a sharecropper or to a watchman and stipulates that he dig, prune or dust it from his own resources. If the watchman is negligent and does not perform the required task, he is liable as if he destroyed it with his hands. Similarly, he is liable in all instances where he causes a loss through his actions.
Halacha 4
When a person entrusts produce that is growing on land - even grapes that are ready to be harvested - to a colleague to watch, they are considered to be landed property with regard to the laws of watchman.
Halacha 5
The following principle applies if a person entrusts consecrated property to a watchman and then redeems it, and so it is no longer consecrated at the time the owner takes it from the watchman, or he lends it to a person when it was not consecrated and then consecrates it while it is in the borrower's possession, or a gentile entrusts property and then converts. In all these situations, the laws of watchmen do not apply, unless the article was not consecrated property and belonged to a Jew from the beginning of the time the article was entrusted until the conclusion of that period.
Halacha 6
The laws applying to borrowers apply equally to men and to women. This applies if the woman is the owner of the entrusted article, or an article was entrusted to her care.
Halacha 7
When a minor entrusts an article to an adult or lends it to him, the adult must take the oaths required of a watchman to the minor. My teachers ruled that the adult is not taking the oath because of the claim of the minor in which instance, the oath would not be required. For an oath is never taken with regard to a claim made by a minor. The rationale is that all the oaths taken by watchmen are taken because of an indefinite claim.
Halacha 8
Just as our Sages ordained that a purchaser must finalize his acquisition of an article through meshichah; so, too, they ordained that a watchman's responsibility for an article is established through meshichah.
When a person tells a colleague: "Watch an article for me," and he tells him: "Place it down in front of me," he is an unpaid watchman. If he tells him: "Place it down before yourself," or "Place it down" without saying anything else, or tells him: "My house is before you," he is neither a paid watchman nor is acceptable,] for any stipulation regarding money or an oath that involves money that is agreed upon by both principals is binding. Neither a kinyan to affirm it nor witnesses are required.
Halacha 10
When the owner claims that there was a stipulation made requiring the watchman to undertake more responsibility, and the watchman denies that such a stipulation was made, the watchman must take the oath required of a watchman, and on the basis of the principle of gilgul sh'vuah he must includein his oath that there was no stipulation involved.
Halacha 11
If the owner of an object claims that he entrusted it to a watchman, and the watchman answers that he said merely: "Place the article down before yourself," and thus never became obligated as a watchman, the defendant is required to take a sh'vuat hesseft that this was the manner in which he received the article. He should include in his oath that he did not use it for his own purposes, destroy it with his own hands or cause it to be destroyed in a manner that would obligate him to make restitution.
Halacha 12
If the owner of an object claims: "I lent it to you," "I rented it to you," or "I entrusted it to you," and the defendant responds: "This never took place," or "That is true, but I returned it to you, and my responsibility was concluded. There is no obligation between us at all," the defendant must take a sh'vuat hesset. He is then freed of responsibility.
When does this apply? When the watchman's responsibility is not recorded in a legal document. If, however, a legal document recorded that the article was entrusted, rented or lent, and the watchman claims that he returned the article, he must affirm his statement with an oath taken while holding a sacred article. The rationale for this ruling is that since an unpaid watchman could claim that the article was stolen or lost, and a borrower could claim that it died because he was working with it, his word is accepted when he says he returned it. But just as if he claimed that it was destroyed by forces beyond his control, he would have been required to take a Scriptural oath while holding a sacred article; so, too, when he claims to have returned it, he is required to take an oath resembling a Scriptural oath. The rationale is that the plaintiff has a legal document recording that the article was entrusted.
When does the above apply? When the watchman could have claimed that the article was destroyed by forces beyond his control without having to bring proof of his claim. If, however, he would have to bring proof of his claim, as will be explained, his word is not accepted if he claims that he returned the article. Instead, the plaintiff in possession of the legal document should take an oath while holding a sacred article that the watchman did not return anything to him. The watchman is then required to make restitution.
There is no other instance where a defendant is obligated to take an oath while holding a sacred article because he could have used another argument, except a watchman against whom a legal document serves as evidence. Whenever any other defendant is obligated an opportunity to take an oath, because he could have used another argument, all that is involved is a sh'vuat hesset.
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Rambam:
• 3 Chapters: Bechorot Bechorot - Perek 5, Bechorot Bechorot - Perek 6, Bechorot Bechorot - Perek 7
Bechorot - Perek 5
Halacha 1
The following laws apply when a sheep that had not given birth before gives birth to two males. Even if both of their heads emerged at the same time, it is impossible that one did not emerge before the other. Since it is not known which emerged first, the priest should take the weaker one and the second one is a firstborn of doubtful status.1
If one of them died, the priest does not receive anything, for the living offspring is of doubtful status and we follow the principle: "When one desires to expropriate property from a colleague, the burden of proof is on him." Similarly, if the mother gave birth to a male and a female, the male is of doubtful status, for perhaps the female emerged first. Therefore the priest does not receive anything, for when one desires to expropriate property from a colleague, the burden of proof is on him.
Halacha 2
When there are two sheep that have not given birth previously and they give birth to two males, they are both given to the priest. If they gave birth to a male and a female and they become intermingled, the male is given to the priest. If they gave birth to two males and a female, the priest may take the weaker one. If one of them died, the priest does not receive anything. The rationale is that the male that is alive is a firstborn of doubtful status and when one desires to expropriate property from a colleague, the burden of proof is on him.
If the two sheep gave birth to two females and a male or two males and two females the males are firstborn of doubtful status. For it is possible to say that the female was born first and then the male. Hence the priest does not receive anything, because when one desires to expropriate property from a colleague, the burden of proof is on him.
If one of the sheep had given birth beforehand and one had not, should they give birth to two males and they become intermingled, they are both firstborn of doubtful status and the priest may take the weaker one. If one dies, the priest does not receive anything, for the living offspring is of doubtful status. Similarly, if the two sheep give birth to a male and a female and it is not known which gave birth to which, the priest does not receive anything, for the male is of doubtful status.
Halacha 3
Whenever a firstborn is of doubtful status, the law is that it should be allowed to pasture until it becomes blemished and then it may be eaten by its owner. If a priest takes possession of it, it is not expropriated from him. He must partake of it only after it becomes blemished. He may not offer it as a sacrifice, for only an offspring that is definitely a firstborn is offered as a sacrifice, lest one slaughter an ordinary animal in the Temple Courtyard.
Halacha 4
When a person had both animals that had given birth before and animals that had not given birth before in his herd and they both gave birth while no one was present. If the owner entered and found those who had given birth previously giving suck to females and those who had not given birth previously giving suck to males, we do not suspect that the offspring of one went to another to suck and the offspring of the other went to the first. Instead, we follow the presumption that every animal is giving suck to its own offspring.
Halacha 5
When two individuals entrusted male animals - one a firstborn and one an ordinary animal - with a shepherd and one of the animals died, the shepherd may leave the second animal between them and depart. This animal is considered a firstborn of doubtful status and should be divided between the two owners, because neither can identify his animal.
Halacha 6
When a person entrusts a firstborn animal to another person who placed it together with his own ordinary animal and then one of them died, but they do not know which one, we follow the principle: When one desires to expropriate property from a colleague, the burden of proof is on him. The animal is considered a firstborn of doubtful status.
Even if a priest who is a shepherd leaves his firstborn animal in a person's courtyard together with that person's ordinary animal, should one of them die, we follow the principle: When one desires to expropriate property from a colleague, the burden of proof is on him. We may not expropriate property from a person's courtyard unless there is substantial proof, for it is with the consent of the owner of the firstborn that it was placed together with the ordinary animal belonging to the other person.
Halacha 7
Israelites are not suspect to cause blemishes to firstborn animals. Therefore the word of an Israelite is accepted if he states: "This is a firstborn of doubtful status." We inspect the blemish and permit him to partake of the animal if it is blemished.
Halacha 8
Whenever a consecrated animal received a permanent blemish before it was consecrated and was later redeemed, its offspring are governed by the requirements of the firstborn. If they received a temporary blemish before they were consecrated or they were consecrated while unblemished and received a permanent blemish and were then redeemed, their offspring are exempt from the requirements of the firstborn. The rationale is that they did not become ordinary animals in all respects, as indicated by the fact that they are forbidden to be shorn and work is forbidden to be performed with them, as we explained in Hilchot Me'ilah.
Halacha 9
When a person purchases an animal with money from the second tithesin Jerusalem, its offspring is obligated in the requirements of the firstborn.If, however, a person purchases an animal with the produce of the Sabbatical year,their offspring are exempt from the requirements of the firstborn. The rationale is that one is not allowed to perform commercial activity with the produce of the Sabbatical year, for concerning that, Leviticus 25:6 states: "to partake of it." Implied is that license is granted "to partake of it" and not to perform commercial activity with it. And if its offspring were obligated in the requirements of the firstborn, it is considered as if he would be performing commercial activity with a firstborn, because it is released from the category of the produce of the Sabbatical year.
We already explained in Hilchot Ma'achalot Assurot that it is forbidden to perform commercial activity with substances that are forbidden to be eaten. And we already explained in Hilchot Terumot that it is forbidden to perform commercial activity with terumot. Similarly, it is forbidden to perform commercial activity with the firstborn even though it is permitted to sell them in the manner explained above.
Halacha 10
If a person purchased a firstborn for a wedding feast for his son or for a festival and he did not need it, it is permitted to sell it.
Halacha 11
We do not evaluate unblemished firstborn animals for Israelites, but we do evaluate blemished firstborn. We evaluate unblemished firstborn animals for priests in the present age, because ultimately, they will be eaten after they are blemished. Needless to say, we evaluate blemished animals for them.
Bechorot - Perek 6
Halacha 1
It is a positive commandment to separate one out of every ten kosher animals, which are born to a person each year. This mitzvah applies only to cattle and sheep, as Leviticus 27:32 states: "All the tithes of your cattle and sheep...."
Halacha 2
The tithing of animals applies with regard to ordinary animals, but not to consecrated ones. It applies in Eretz Yisrael and in the Diaspora, in the era that the Temple was standing and in the era when the Temple is not standing. Nevertheless, our Sages forbade tithing animals in the present era and ordained that they should be tithed only when the Temple is standing. This is a decree, lest the consecrated animal be eaten when it is unblemished and thus one will be violating a transgression punishable by karet: slaughtering consecrated animals outside the Temple Courtyard. If one transgressed and tithed in the present era, the animal is designated as a tithe offering and should be eaten after it contracts a disqualifying blemish.
Halacha 3
All are obligated in the tithing of their animals: priests, Levites, and Israelites.
Halacha 4
The laws applying to a tithe offering of an animal are that it should be slaughtered in the Temple Courtyard and its blood cast in one heave towards the Altar's base. Its organs and fats are offered on the altar's pyre and the remainder of the meat is eaten by the owner in Jerusalem like other sacrifices of a lesser degree of sanctity. The priests do not receive any portion of it. Instead, it is given to its owner in its entirety, like the Paschal sacrifice.
If it was blemished, whether it became blemished after it was designated or it was blemished when it was set aside, it may be eaten in any place.
Halacha 5
It is forbidden to sell an animal designated as a tithe offering when it is unblemished, for Leviticus 27:33 states with regard to it: "It shall not be redeemed." According to the Oral Tradition, the phrase "It shall not be redeemed" also implies a prohibition against selling it; it is neither redeemed, nor sold at all.
It appears to me that when one sells an animal designated as a tithe offering, the sale is of no consequence and the animal is not acquired by the purchaser. For this reason, the seller is not liable for lashes like one who sells property designated as a dedication offering to the priests, in which instance, the purchaser does not acquire it, or like one who sells a female captive, as will be explained in its place.
Halacha 6
According to Rabbinic Law, it is forbidden to sell an animal designated as a tithe offering when it is blemished and even when it is slaughtered. This is a decree, lest one sell such an animal when it is alive. For this reason, we may not weigh one portion against another, as is done when weighing portions of a firstborn animal, because it appears as if he is selling it.
Halacha 7
An animal designated as a tithe offering that belongs to orphans is permitted to be sold in an ordinary manner after being slaughtered when blemished. To prevent the orphans from suffering a loss, our Sages did not uphold their decree in this instance.
Halacha 8
When an animal designated as a tithe offering is slaughtered when blemished, it is permitted to sell its fats, sinews, hide, and bones. Only the sale of its meat was prohibited. If one included the price for its meat together with the price for its hide, fats, and sinews and sold everything in a collective price, the sale is permitted. If the price of the bones was high and he included the price of the meat in the price of the bones, it is permitted.
Halacha 9
Anyone's word is accepted with regard to the blemishes of animals designated as tithe offerings if he says: "This blemish came about on its own accord; it was not brought about intentionally." Even the statements of those individuals whose word is not accepted with regard to the blemishes of a firstborn animal are accepted with regard to an animal designated as a tithe offering. Moreover, a person may inspect the blemishes of his animals designated as tithe offerings and permit their slaughter if he is an expert. The rationale for these leniencies is that if a person desired, he could have blemished every animal in his flock and then tithed them. Thus from the outset, the tithed animal would be blemished.
Halacha 10
When a person purchases lambs that were born this year or they were given to him as a present, he is not obligated to tithe them. The obligation applies only when the animals are born in his domain. Accordingly, if partners enter into a partnership with regard to animals: one brings 100 and the other brings 100 and they have them intermingle and own them jointly, these 200 are exempt from the requirement to tithe. The rationale is that each of the lambs is considered as having been sold. Similarly, if brothers inherit lambs in their first year of life from their father, they are exempt from the requirement to tithe.
The offspring born to the partners or the brothers after the partnership was established, by contrast, from their jointly owned animals are obligated to be tithed. Similarly, if a partnership was established with money or brothers purchased animals from the funds of the estate, the offspring born afterwards are obligated to be tithed, for they were born in their domain and they are considered as one person.
If the brothers and the partners divided their property after animals were born to them in their joint domain and then reestablished their partnership, the animals born previously are exempt from the requirement to tithe. The rationale is that when the assets of the partnership or the estate were divided, everything is considered as having been sold and animals that are sold are exempt. And when the partnership was reestablished, no new offspring was born to them afterwards. Even though they divided kids for kids and lambs for lambs, and even if they divided them by tens, they are all exempt from the tithes and considered as having been purchased.
Halacha 11
When brothers and partners divided the financial assets of the partnership, but did not divide the animals, the animals are obligated to be tithed, for they are not considered as having been purchased yet. If, however, the animals of the partnership were divided even though the financial assets were not, the offspring are exempt.
Halacha 12
When a person purchases ten unborn fetuses in their mother's womb,they all enter the corral for tithing, for they were born in his domain.
Halacha 13
When a priest received ten newborn animals because of the return of property stolen from a convert, they are exempt from the tithes. The rationale is that the priestly presents are comparable to ordinary presents. And we already explainedthat when one gives a present, it is exempt from the tithes.
Halacha 14
All the animals in one's herd are brought into the corral for tithing,whether they are unblemished or blemished, even those which are forbidden to be offered on the altar with the exception of hybrids, animals that are tereifah,born through Caesarian section, or "lacking in age." For all of these are exempt from the tithes.
Similarly, an animal whose mother died or was slaughtered when it was born should not be tithed. These concepts are part of the Oral Tradition.
Halacha 15
A purchaser is not exempt from the obligation to tithe unless he purchased the animals after they were fit to be tithed. Therefore one who purchases lambs in the seven days after their birth, is obligated to tithe them when the time comes.Since an animal that is "lacking in age" is not fit to be tithed, it is as if he purchased a fetus and it was born in his domain.
Halacha 16
Whenever there is a doubt whether an animal is obligated to be tithed or exempt from being tithed, it is exempt from being tithed. Therefore when an orphaned lamb, a purchased one, or the like becomes intermingled with other lambs, they are all exempt from the tithes, because the status of each one of them is in doubt.
Bechorot - Perek 7
Halacha 1
When a person possesses ten lambs and he separates one as the tithes or he possesses 100 and he separates ten as the tithes, these are not tithes. What, instead, should he do? He should gather all of the lambs or all of the calves born that year in a corral. He then makes a small entrance so that two cannot emerge at the same time. He positions their mothers outside the corral and they bleat so that the lambs will hear their voices and leave the corral to meet them. This is necessary, as implied by Leviticus 27:32 which states: "all that passes beneath the staff," i.e., they must pass on their own initiative; one should not remove them by hand.
As they leave the corral one by one, the owner begins to count them with a staff: one, two, three, four, five, six, seven, eight, nine. The tenth animal that departs, whether male or female, whether unblemished or blemished, should be painted with red paint, and the owner should say: "This is the tithe."
If he did not paint the animals designated as the tithes with red paint, did not count them with a staff, or counted them while they are lying down or standing, the tithing takes effect. Since he counted them ten by ten and consecrated the tenth, it is considered a tithe.
Halacha 2
It is not necessary to collect every animal born in a person's domain to one corral. Instead, the reckoning is made for every herd alone. If a person owned five lambs in Jerusalem and five in Acre, they are not combined into a single herd. Instead, they are all exempt from the tithes.
What is the distance required to be between two herds for them to be combined? Sixteen mil.
Halacha 3
If there are three herds and there are sixteen mil between each one, the three are combined. What is implied? There were nine on one side, nine on the other side, and one in the center, all three herds are brought into the corral together to be tithed.
Halacha 4
Tithes are not taken from sheep for cattle, nor from cattle for sheep. One must, however, tithe sheep for goats and goats for sheep. This is derived from Leviticus 27:32: "All the tithes of your cattle and tzon." Implied is that all light, domesticated animals are included as one category, for they are both referred to with the term seh and they are like one species.
Halacha 5
We do not tithe animals born in one year with animals born in another year just as we do not tithe the crops from the new year for the crops from the past year nor the crops from the past year for the crops of the new year, as Deuteronomy 14:22: "Which are produced by the field year for year."
It appears to me that if one tithed animals from one year for animals of another year, the tithing is binding because of the severity of consecrated animals. For the Torah did not explicitly emphasize that the tithing of animals must be from the same year.
Halacha 6
All of the offspring born from the first of Tishrei until the twenty-ninth of Elul are combined and are tithed for each other. If five lambs are born on the twenty-ninth of Elul and five on the first of Tishrei of the following year, they are not combined. If an animal gave birth to offspring in its first year of life, it and its daughter should be brought into the corral together to be tithed.
Halacha 7
The lambs which are born are not like tevel from which one may not eat until one tithes as explained in its place. Instead, one may sell or slaughter all the offspring one desires until one tithes. Then animal designated as the tithe offering will be consecrated and must be eaten according to law, as explained above.
Halacha 8
Our Sages established three fixed times for the tithing of one's animals.When one of these dates arrives, it is forbidden for a person to sell or slaughter the offspring of his animals until he tithes. If he slaughters, the meat is permitted.
These are the three dates: the fifteenth day before the Paschal sacrifice, the fifteenth day before Shavuot, and the fifteenth day before Sukkot. Each of these times is called a "threshing floor" for the tithing of animals. Thus the "threshing floor" for the tithing of animals is on the last day of the month of Adar, on the thirty-fifth day of the Counting of the Omer, and on the last day of the month of Elul.
Why were the "threshing floors" established on these dates? So that the animals would be available to the festive pilgrims. For even though it is permitted to sell animal offspring before they were tithed, as we explained, the people would refrain from selling them until they would tithe them and perform the mitzvah.
Halacha 9
When a person brought all his sheep or cattle into a corral and began to sanctify the tenth animal that departs until there remained less than ten in the corral, those should be left for the next "threshing floor" and they are joined together with those born and tithed and all are collected in one "threshing floor." Even though one knows that some will remain in the corral, he is obligated to bring them all into the corral and the remainder will be left over.
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Hayom Yom:
• Sunday, Tammuz 15, 5774 • 13 July 2014
"Today's Day"
Sunday, Tamuz 15, 5703
Torah lessons: Chumash: Pinchas, first parsha with Rashi.
Tehillim: 77-78.
Tanya: However, all this (p. 351) ...on laws of Fasts. (p. 351).
My father writes in one of his maamarim: Fatness of the body can result from the spiritual pleasure and delight derived from G-dliness. They say of R. Nachum of Chernobil that he became corpulent from answering amein y'hei sh'mei raba.
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Daily Thought:Melting Evil
Evil is darkness, nothing more than an absence of light. It has no life of its own. It is powered entirely by our fear of it, by our considering it a “something” that demands our response.
Evil is a terrorist, nursed on every spoonful of worry, encouraged with every glance of trepidation, fortified with every concession we make from our lives to acknowledge its threat—until it has soaked from us sufficient energy to rise brazenly and attack us with our own instruments.
So it is with the evil in the world, so it is with the destructive forces within each of us: When we stoop to conquer the evil within ourselves, we end up rolling with it in its mud.
To truly banish evil, you must march on the clouds and never look down. You must climb higher until you attain a place of light that leaves no crevice for evil to hide.
Lifted to that place, evil melts in surrender. For now it has fulfilled its purpose of being: to squeeze out the inner light of the human soul, a light that knows no bounds.
Mission accomplished, evil vanishes in the light it has called forth.(Likkutei Torah, Teitzei 35b; Maamar Ki Teitzei 5745; Torat Menachem 5751, vol. 4, pp. 213, 227.)
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