Today's Laws & Customs:
Elul Observances
As the last month of the Jewish year, Elul is traditionaly a time of introspection and stocktaking -- a time to review one's deeds and spiritual progress over the past year and prepare for the upcoming "Days of Awe" of Rosh HaShanah and Yom Kippur.
As the month of Divine Mercy and Forgiveness (see "Today in Jewish History" for Elul 1) it is a most opportune time for teshuvah ("return" to G-d), prayer, charity, and increased Ahavat Yisrael (love for a fellow Jew) in the quest for self-improvement and coming closer to G-d. Chassidic master Rabbi Schneur Zalman of Liadi likens the month of Elul to a time when "the king is in the field" and, in contrast to when he is in the royal palace, "everyone who so desires is permitted to meet him, and he receives them all with a cheerful countenance and shows a smiling face to them all."
Specific Elul customs include the daily sounding of the shofar (ram's horn) as a call to repentance. The Baal Shem Tov instituted the custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below to view today's Psalms.
Chapter 55</ br> Chapter 56 </ br> Chapter 57
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.
Links: More on Elul
Today in Jewish History:
As the last month of the Jewish year, Elul is traditionaly a time of introspection and stocktaking -- a time to review one's deeds and spiritual progress over the past year and prepare for the upcoming "Days of Awe" of Rosh HaShanah and Yom Kippur.
As the month of Divine Mercy and Forgiveness (see "Today in Jewish History" for Elul 1) it is a most opportune time for teshuvah ("return" to G-d), prayer, charity, and increased Ahavat Yisrael (love for a fellow Jew) in the quest for self-improvement and coming closer to G-d. Chassidic master Rabbi Schneur Zalman of Liadi likens the month of Elul to a time when "the king is in the field" and, in contrast to when he is in the royal palace, "everyone who so desires is permitted to meet him, and he receives them all with a cheerful countenance and shows a smiling face to them all."
Specific Elul customs include the daily sounding of the shofar (ram's horn) as a call to repentance. The Baal Shem Tov instituted the custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below to view today's Psalms.
Chapter 55</ br> Chapter 56 </ br> Chapter 57
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.
Links: More on Elul
Today in Jewish History:
DAILY QUOTE:
When you see the donkey of your enemy collapsing under its load, and are inclined to desist from helping him, you shall surely help along with him.(Exodus 23:5)DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Nitzavim-Vayelech, 1st Portion (Deuteronomy 29:9-29:28) with Rashi
• Chapter 29
9. You are all standing this day before the Lord, your God the leaders of your tribes, your elders and your officers, every man of Israel, ט. אַתֶּם נִצָּבִים הַיּוֹם כֻּלְּכֶם לִפְנֵי יְהֹוָה אֱלֹהֵיכֶם רָאשֵׁיכֶם שִׁבְטֵיכֶם זִקְנֵיכֶם וְשֹׁטְרֵיכֶם כֹּל אִישׁ יִשְׂרָאֵל:
You are all standing: [The verse says “this day,” which] teaches us that on the day of his death, Moses assembled Israel in the presence of the Holy One, Blessed is He, to bring them into [His] covenant.
אתם נצבים: מלמד שכנסם משה לפני הקב"ה ביום מותו להכניסם בברית:
the leaders of your tribes: Heb. רָאשֵׁיכֶם שִׁבְטֵיכֶם, [lit., “your leaders, your tribes,” referring to two separate entities, which does not make sense here because “your tribes” includes the leaders. Rather, this means here:] “The leaders of your tribes.”
ראשיכם שבטיכם: ראשיכם לשבטיכם:
your elders and your officers: [We learn from the order in this verse that] the more distinguished ones were mentioned first, and after this: “every man of Israel.”
זקניכם ושטריכם: החשוב חשוב קודם ואחר כך כל איש ישראל:
10. your young children, your women, and your convert who is within your camp both your woodcutters and your water drawers, י. טַפְּכֶם נְשֵׁיכֶם וְגֵרְךָ אֲשֶׁר בְּקֶרֶב מַחֲנֶיךָ מֵחֹטֵב עֵצֶיךָ עַד שֹׁאֵב מֵימֶיךָ:
both your woodcutters [and your water drawers]: [The mention of these people separate to the main community of Israel] teaches us that in the days of Moses, Canaanites came to convert [to Judaism], just as the Gibeonites came [to convert] in the days of Joshua. This is the meaning of the verse regarding the Gibeonites,“And they also acted cunningly…” (Josh. 9:4), [i. e., pretending that they had come from a far away country. When they were discovered, Joshua made them woodcutters and water drawers for Israel (see Josh. 9:3-27). Likewise here, the Canaanites attempted to deceive Moses,. but they did not succeed, and Moses did not accept them to be Jews. Rather,] Moses made them woodcutters and water drawers [i.e., slaves for Israel]. — [Tanchuma 2; Yev. 79a; see Rashi Gittin 23b]
מחטב עציך: מלמד שבאו כנענים להתגייר בימי משה, כדרך שבאו גבעונים בימי יהושע. וזהו האמור בגבעונים (יהושע ט, ד) ויעשו גם המה בערמה, ונתנם משה חוטבי עצים ושואבי מים:
11. that you may enter the covenant of the Lord, your God, and His oath, which the Lord, your God, is making with you this day, יא. לְעָבְרְךָ בִּבְרִית יְהֹוָה אֱלֹהֶיךָ וּבְאָלָתוֹ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ כֹּרֵת עִמְּךָ הַיּוֹם:
that you may enter: Heb. לְעָבְרְךָ. [Meaning,] “That you may pass through [i.e., enter] the covenant.” One should not understand this verb [to be in the causative conjugation,] to mean “to cause you to pass through,” [but rather, the verb is in the simple conjugation, and means that you yourselves will pass through]. This is similar to the expression, לַעֲשׂתְכֶם, “that you [yourselves] should do them” (Deut. 4:14).
לעברך: להיותך עובר בברית. ולא יתכן לפרשו כמו להעבירך, אלא כמו (לעיל ד, יד) לעשותכם אותם:
that you may enter into the covenant: [lit.] “that you may pass through the covenant.” This was the method of those who made covenants: They would set up a demarcation on one side and a demarcation on the other, and [the respective parties of the covenant] “passed through” between [these partitions], as the verse says, “[when] they cut the calf in two and passed between its parts” (Jer. 34:18).
לעברך בברית: דרך העברה, כך היו כורתים ברית, עושין מחיצה מכאן ומחיצה מכאן ועוברים בינתים, כמו שנאמר (ירמיה לד, יח) העגל אשר כרתו לשנים ויעברו בין בתריו:
12. in order to establish you this day as His people, and that He will be your God, as He spoke to you, and as He swore to your forefathers to Abraham, to Isaac, and to Jacob. יב. לְמַעַן הָקִים אֹתְךָ הַיּוֹם | לוֹ לְעָם וְהוּא יִהְיֶה לְּךָ לֵאלֹהִים כַּאֲשֶׁר דִּבֶּר לָךְ וְכַאֲשֶׁר נִשְׁבַּע לַאֲבֹתֶיךָ לְאַבְרָהָם לְיִצְחָק וּלְיַעֲקֹב:
in order to establish you this day as His people: [Why does God here warn Israel against idolatry by making such grave oaths and severe curses, unlike other commandments where He would simply make a warning and attach a punishment if the commandment was transgressed?] He goes to so much trouble here, for the purpose of keeping you as His people. [Since He promised not to exchange you for another people (see the following Rashi), He must ensure your faithfulness to Him.
למען הקים אותך היום לו לעם: כל כך הוא נכנס לטרוח למען קיים אותך לפניו לעם:
and that He will be your God: Since God has given you His word and [also] sworn to your forefathers not to exchange their offspring for another nation, therefore, He [ensures your faithfulness to Him by] binding you through these oaths, so as not to provoke Him to anger, because He cannot separate Himself from you. Until here, I have explained this passage according to its simple sense. The homiletic explanation is as follows: Why is parashath Nitzavim juxtaposed to the curses [in parashath Ki Tavo]? Because when Israel heard these ninety-eight curses [delineated in Ki Tavo], besides the forty-nine [curses] stated in Leviticus (26:14-38), they turned pale, and said, “Who can possibly endure these?” [Thereupon,] Moses began to appease them [as follows]:
והוא יהיה לך לאלהים: לפי שדבר לך ונשבע לאבותיך שלא להחליף את זרעם באומה אחרת, לכך הוא אוסר אתכם בשבועות הללו, שלא תקניטוהו אחר שהוא אינו יכול להבדל מכם. עד כאן פירשתי לפי פשוטו של פרשה. ומדרש אגדה למה נסמכה פרשת אתם נצבים לקללות, לפי ששמעו ישראל מאה קללות חסר שתים, חוץ ממ"ט שבתורת כהנים, הוריקו פניהם ואמרו מי יוכל לעמוד באלו, התחיל משה לפייסם:
You are… standing this day: You have provoked the Omnipresent to anger many times, yet He has not made an end to you. Indeed, you still exist before Him [“standing… before the Lord”]. — [Tanchuma 1]
אתם נצבים היום: הרבה הכעסתם למקום ולא עשה אתכם כלייה והרי אתם קיימים לפניו
this day: [You exist now] Just as this day exists. For [although] it becomes dark [for a period, nevertheless] it shines [again]. So too, here, God has made light for you, and He will again make light for you in the future. And the curses and sufferings preserve you and enable you to stand before Him [the curses, by preventing you to stray from serving Him, and the sufferings, by cleansing you of your sins]. Similarly, in the previous parashah [of Ki Tavo, Moses spoke] words of conciliation, [e.g.,] “You have seen all that the Lord did…” (Deut. 29:1). Another explanation of…
היום: כיום הזה שהוא קיים והוא מאפיל ומאיר, כך האיר לכם וכך עתיד להאיר לכם, והקללות והיסורין מקיימין אתכם ומציבין אתכם לפניו. ואף הפרשה שלמעלה מזו פיוסין הם, אתם ראיתם את כל אשר עשה. דבר אחר,:
You are… standing: Because the Israelites were now passing from one leader to the next-i.e., from [the leadership of] Moses to [that of] Joshua. Therefore, Moses made them stand [in assembled ranks], in order to encourage them. Joshua did the same [when he was about to die (Josh. 24:1)]. Also, Samuel [did likewise], when Israel passed from his leadership to that of Saul, [as the verse says,] “Stand now, and I will reason with you before the Lord…” (I Sam. 12:7). - [Tanchuma 1]
אתם נצבים: לפי שהיו ישראל יוצאין מפרנס לפרנס ממשה ליהושע, לפיכך עשה אותם מצבה כדי לזרזם וכן עשה יהושע וכן שמואל (שמואל א' יב, ז) התיצבו ואשפטה אתכם, כשיצאו מידו ונכנסו לידו של שאול:
13. But not only with you am I making this covenant and this oath, יג. וְלֹא אִתְּכֶם לְבַדְּכֶם אָנֹכִי כֹּרֵת אֶת הַבְּרִית הַזֹּאת וְאֶת הָאָלָה הַזֹּאת:
14. but with those standing here with us today before the Lord, our God, and [also] with those who are not here with us, this day. יד. כִּי אֶת אֲשֶׁר יֶשְׁנוֹ פֹּה עִמָּנוּ עֹמֵד הַיּוֹם לִפְנֵי יְהֹוָה אֱלֹהֵינוּ וְאֵת אֲשֶׁר אֵינֶנּוּ פֹּה עִמָּנוּ הַיּוֹם:
and [also] with those who are not here: also with future generations. — [Tanchuma 3]
ואת אשר איננו פה: ואף עם דורות העתידים להיות:
15. For you know how we dwelled in the land of Egypt, and how we passed among the nations through which you passed. טו. כִּי אַתֶּם יְדַעְתֶּם אֵת אֲשֶׁר יָשַׁבְנוּ בְּאֶרֶץ מִצְרָיִם וְאֵת אֲשֶׁר עָבַרְנוּ בְּקֶרֶב הַגּוֹיִם אֲשֶׁר עֲבַרְתֶּם:
For you know: [Verses 15-17 are understood as follows:] Since you saw the idolatrous nations, perhaps one of you was enticed to follow their ways, and“perhaps there is among you…” (verse 17), therefore, I must place you under an oath [because you are in this position of extra susceptibility].
כי אתם ידעתם וגו' ותראו את שקוציהם: לפי שראיתם האומות עובדי עבודה זרה ושמא השיא לב אחד מכם אותו ללכת אחריהם פן יש בכם וגו' (פסוק יז) לפיכך אני צריך להשביעכם:
16. And you saw their abominations and their repugnant idols [of] wood and stone, silver and gold which were with them. טז. וַתִּרְאוּ אֶת שִׁקּוּצֵיהֶם וְאֵת גִּלֻּלֵיהֶם עֵץ וָאֶבֶן כֶּסֶף וְזָהָב אֲשֶׁר עִמָּהֶם:
you saw their abominations: Heb. שִׁקּוּצֵיהֶם. [Their idols are so termed] because they are disgusting, like creeping, crawling insects (שְׁקָצִים).
ותראו את שקוציהם: על שם שהם מאוסים כשקצים:
their repugnant idols: Heb. גִּלֻּלֵיהֶם. - [Their idols, thus termed] because they are putrid and disgusting like dung (גָּלָל) .
גלליהם: שמוסרחים ומאוסין כגלל:
wood and stone: You saw those [idols] made of wood and stone out in the open, because the heathen [who owned them, did not mind leaving them outside, since he] did not fear that they would be stolen. [Thus, regarding these idols, the verse says, “And you saw their… idols… (of) wood and stone.”] However, [regarding the idols made] of “silver and gold,” they“were with them,” in the [confines of their private] treasure chambers, because [their heathen owners] were afraid that these [expensive idols] might be stolen. — [Tanchuma 3]
עץ ואבן: אותן של עצים ושל אבנים ראיתם בגלוי, לפי שאין הגוים יראים שמא יגנבו, אבל של כסף וזהב עמהם בחדרי משכיתם הם, לפי שהם יראים שמא יגנבו:
17. Perhaps there is among you a man, woman, family, or tribe, whose heart strays this day from the Lord, our God, to go and worship the deities of those nations. Perhaps there is among you a root that produces hemlock and wormwood. יז. פֶּן יֵשׁ בָּכֶם אִישׁ אוֹ אִשָּׁה אוֹ מִשְׁפָּחָה אוֹ שֵׁבֶט אֲשֶׁר לְבָבוֹ פֹנֶה הַיּוֹם מֵעִם יְהֹוָה אֱלֹהֵינוּ לָלֶכֶת לַעֲבֹד אֶת אֱלֹהֵי הַגּוֹיִם הָהֵם פֶּן יֵשׁ בָּכֶם שֹׁרֶשׁ פֹּרֶה רֹאשׁ וְלַעֲנָה:
Perhaps there is among you: פֶּן-יֵשׁ בָּכֶם [This phrase, meaning,] “Perhaps there is among you,” [is repeated twice in this verse. Rashi explains here that there might be two levels of disobeying God. A person might serve other deities, or he is one…]
פן יש בכם: שמא יש בכם:
whose heart strays this day: from accepting upon himself the covenant.
אשר לבבו פנה היום: מלקבל עליו הברית:
a root that produces hemlock and wormwood: [This refers to] a root that produces a bitter herb, like giddin , which are bitter [see Targum Jonathan on Lam. 3:19]. Here, then, the verse means:“[Someone who] produces and increases evil among you.”
שרש פרה ראש ולענה: שרש מגדל עשב מר כגידין, שהם מרים, כלומר מפרה ומרבה רשע בקרבכם:
18. And it will be, when he [such a person] hears the words of this oath, that he will bless himself in his heart, saying, "I will have peace, even if I follow my heart's desires," in order to add the [punishment for the] unintentional sins [of this man] to that of [his] intentional sins. יח. וְהָיָה בְּשָׁמְעוֹ אֶת דִּבְרֵי הָאָלָה הַזֹּאת וְהִתְבָּרֵךְ בִּלְבָבוֹ לֵאמֹר שָׁלוֹם יִהְיֶה לִּי כִּי בִּשְׁרִרוּת לִבִּי אֵלֵךְ לְמַעַן סְפוֹת הָרָוָה אֶת הַצְּמֵאָה:
that he will bless himself in his heart: Heb. וְהִתְבָּרֵךְ בִּלְבָבוֹ [the word וְהִתְבָּרֵךְ stems from] the word for “blessing” (בָּרֵךְ). [The verse means:] “In his heart, [this man] will imagine a blessing of peace for himself, saying: These curses will not come upon me. I will have only peace!”
והתברך בלבבו: לשון ברכה, יחשוב בלבו ברכת שלום לעצמו לאמר, לא יבואוני קללות הללו, אך שלום יהיה לי:
he will bless himself: Heb. וְהִתְבָּרֵךְ, bendira soy in Old French [i.e., the verb is in the reflexive conjugation], like “וְהִתְגַּלָּח, And he shall shave himself” (Lev. 13:33), “וְהִתְפַּלֵּל, and he will pray” (I Kings 8:42), [which employs the reflexive form of the root פלל].
והתברך: בינדיר"א שי"י בלע"ז [יברך את עצמו], כמו והתגלח והתפלל:
I follow my heart’s desires: Heb. בִּשְׁרִירוּת לִבִּי אֵלֵךְ [Meaning, “If I follow] what my heart beholds,” as in [the verse], “I behold it (אֲשׁוּרֶנּוּ) , but it is not near” (Num. 24:17). That is to say [the verse means]: “[Even if I go in the way] that my heart sees [fit] to do.”
בשררות לבי אלך: במראית לבי, כמו (במדבר כד, יז) אשורנו ולא קרוב, כלומר מה שלבי רואה לעשות:
in order to add the [punishment for the] unintentional sins [of this man]: לְמַעַן סְפוֹת הָרָוָה - Because I will add to him the punishment for what he heretofore committed unintentionally, which I would have overlooked, but now, he has caused that I combine them with the intentional sins and punish him for everything. Similarly, Onkelos renders [the verse here as]: בְּדִיל לְאוֹסָפָא לֵיהּ חֶטְאֵי שָׁלוּתָא עַל זְדָנוּתָא, [meaning,] That I shall add for him the [punishment incurred for the] unintentional sins to [that of] the intentional sins.
למען ספות הרוה: לפי שאוסיף לו פורענות על מה שעשה עד הנה בשוגג והייתי מעביר עליהם, וגורם עתה שאצרפם עם המזיד ואפרע ממנו הכל. וכן תרגם אונקלוס בדיל לאוספא ליה חטאי שלותא על זדנותא, שאוסיף לו אני השגגות על הזדונות:
the [punishment for the] unintentional sins: Heb. הָרָוָה [lit., “drunk.” Here, as explained, the word] refers to unintentional [sins], which [a man] commits as if in a drunken state, that is, unknowingly.
הרוה: שוגג שהוא עושה כאדם שכור שלא מדעת:
to [his] intentional sins: Heb. הַצְּמֵאָה [lit., “thirsty.” Here, as explained, the word refers to intentional sins, that is] when [a man] commits [a sin] knowingly and out of lust.
הצמאה: שהוא עושה מדעת ובתאוה:
19. The Lord will not be willing to forgive him; rather, then, the Lord's fury and His zeal will fume against that man, and the entire curse written in this book will rest upon him, and the Lord will obliterate his name from beneath the heavens. יט. לֹא יֹאבֶה יְהֹוָה סְלֹחַ לוֹ כִּי אָז יֶעְשַׁן אַף יְהֹוָה וְקִנְאָתוֹ בָּאִישׁ הַהוּא וְרָבְצָה בּוֹ כָּל הָאָלָה הַכְּתוּבָה בַּסֵּפֶר הַזֶּה וּמָחָה יְהֹוָה אֶת שְׁמוֹ מִתַּחַת הַשָּׁמָיִם:
The Lord’s fury… will fume: [The image is as follows:] Through anger, the body [of a person] becomes heated up, and fumes are emitted from the nose. Similarly, [referring to God,] the verse says,“Smoke rose up in His nose” (II Sam. 22:9). Now, although this is inappropriate for the Omnipresent [since He has no physical form; nevertheless], Scripture describes [this concept] to the human ear in the manner to which it is accustomed and able to understand, according to the [natural] ways of the world. [Thus, the verse here is figuratively denoting God’s fuming anger.]
יעשן אף ה': על ידי כעס הגוף מתחמם והעשן יוצא מן האף, וכן (ש"ב כב, ט) עלה עשן באפו ואף על פי שאין זו לפני המקום, הכתוב משמיע את האוזן כדרך שהיא רגילה ויכולה לשמוע, כפי דרך הארץ:
and His zeal: Heb. וְקִנְאָתוֹ [This is] a term denoting [burning] fury, enprenemant [in Old French, zealous anger], firmly keeping hold of the trait of vengeance, without giving in whatsoever.
וקנאתו: לשון חמה אנפרטמינ"ט [חמה] אחיזת לבישת נקמה, ואינו מעביר על המדה:
20. And the Lord will separate him for evil, out of all the tribes of Israel, according to all the curses of the covenant, written in this Torah scroll. כ. וְהִבְדִּילוֹ יְהֹוָה לְרָעָה מִכֹּל שִׁבְטֵי יִשְׂרָאֵל כְּכֹל אָלוֹת הַבְּרִית הַכְּתוּבָה בְּסֵפֶר הַתּוֹרָה הַזֶּה:
that is written in this book: Heb. בְּסֵפֶר הַתּוֹרָה הַזֶּה, “written in this Torah scroll.” [Here, the word for“this” (הַזֶּה) is in the masculine form. However,] earlier, the verse says, “And also every sickness and plague… in this Torah scroll בְּסֵפֶר הַתּוֹרָה הַזּאֹת” (Deut. 28:61), [where the word for“this” (הַזּאֹת), appearing in the identical phrase, is in the feminine form. How do we explain the difference of gender for the same word, appearing in an identical phrase in Scripture? The answer is that there in Deut. 28:61,] the הַזּאֹת, which is in the feminine form, qualifies the word הַתּוֹרָה, “Torah” [which is in the feminine form]. And [here in our verse,] the word הַזֶּה, which is in the masculine form, qualifies the word סֵפֶר, “scroll” [which is in the masculine form. How do we know that each respective mention of the word “this” is qualifying the particular word described, and not otherwise? Because in these two verses,] the cantillation symbols punctuate the words [of the phrase“this Torah scroll”] in two different ways, [as follows]: In the passage [describing] the curses [i.e., in Deut. 28:61], the [cantillation symbol called] tipcha is placed under the word בְּסֵפֶר, [thus separating it from the next words הַתּוֹרָה הַזּאֹת,] while [the words], הַתּוֹרָה הַזּאֹת are attached to each other [also by virtue of the cantillation symbols]. Hence, [the verse] employs the הַזּאֹת [for the word “this,” because it clearly is qualifying the word “Torah,” which is in the feminine form]. However, here [in our verse], the tipcha is placed under the word הַתּוֹרָה. [Thus, together with its previous conjunctive symbol, the meircha placed under the word בְּסֵפֶר, it] joins these two words, בְּסֵפֶר הַתּוֹרָה, into one attached [expression]. Accordingly, the word [“this”] qualifies the [first word in the expression, namely,] “scroll,” [the direct object in the expression “Torah scroll,” and since the word“scroll”] is in the masculine form [thus, the qualifying word הַזֶּה takes on the masculine form here].
הכתובה בספר התורה הזה: ולמעלה הוא אומר (לעיל כח, סא) בספר התורה הזאת גם כל חלי וכל מכה וגו', הזאת לשון נקבה מוסב על התורה. הזה לשון זכר מוסב על הספר, ועל ידי פסוק הטעמים הן נחלקין לשתי לשונות, בפרשת הקללות הטפחא נתונה תחת בספר, והתורה הזאת דבוקים זה לזה, לכך אמר הזאת וכאן הטפחה נתונה תחת התורה, נמצא ספר התורה דבוקים זה לזה לפיכך לשון זכר נופל אחריו, שהלשון נופל על הספר:
21. And a later generation, your descendants, who will rise after you, along with the foreigner who comes from a distant land, will say, upon seeing the plagues of that land and the diseases with which the Lord struck it: כא. וְאָמַר הַדּוֹר הָאַחֲרוֹן בְּנֵיכֶם אֲשֶׁר יָקוּמוּ מֵאַחֲרֵיכֶם וְהַנָּכְרִי אֲשֶׁר יָבֹא מֵאֶרֶץ רְחוֹקָה וְרָאוּ אֶת מַכּוֹת הָאָרֶץ הַהִוא וְאֶת תַּחֲלֻאֶיהָ אֲשֶׁר חִלָּה יְהֹוָה בָּהּ:
22. Sulfur and salt have burned up its entire land! It cannot be sown, nor can it grow [anything], not [even] any grass will sprout upon it. It is like the overturning of Sodom, Gemorrah, Admah and Zeboiim, which the Lord overturned in His fury and in His rage. כב. גָּפְרִית וָמֶלַח שְׂרֵפָה כָל אַרְצָהּ לֹא תִזָּרַע וְלֹא תַצְמִחַ וְלֹא יַעֲלֶה בָהּ כָּל עֵשֶׂב כְּמַהְפֵּכַת סְדֹם וַעֲמֹרָה אַדְמָה וּצְבוֹיִם אֲשֶׁר הָפַךְ יְהֹוָה בְּאַפּוֹ וּבַחֲמָתוֹ:
23. And all the nations will say, Why did the Lord do so to this land? What [is the reason] for this great rage of fury? כג. וְאָמְרוּ כָּל הַגּוֹיִם עַל מֶה עָשָׂה יְהֹוָה כָּכָה לָאָרֶץ הַזֹּאת מֶה חֳרִי הָאַף הַגָּדוֹל הַזֶּה:
24. Then they will say, It is because they abandoned the covenant of the Lord, God of their fathers, [the covenant] which He made with them when He took them out of the land of Egypt, כד. וְאָמְרוּ עַל אֲשֶׁר עָזְבוּ אֶת בְּרִית יְהֹוָה אֱלֹהֵי אֲבֹתָם אֲשֶׁר כָּרַת עִמָּם בְּהוֹצִיאוֹ אֹתָם מֵאֶרֶץ מִצְרָיִם:
25. For they went and served other deities, prostrating themselves to them deities which they had not known, and which He had not apportioned to them. כה. וַיֵּלְכוּ וַיַּעַבְדוּ אֱלֹהִים אֲחֵרִים וַיִּשְׁתַּחֲווּ לָהֶם אֱלֹהִים אֲשֶׁר לֹא יְדָעוּם וְלֹא חָלַק לָהֶם:
which they had not known: In which they had never recognized any divine power.
לא ידעום: לא ידעו בהם גבורת אלהות:
and which He had not apportioned to them: Heb. וְלֹא חָלַק לָהֶם [Meaning, “God] had not allotted them” [these deities] to be their [Israel’s] portion. Onkelos , however, renders:“and which did not grant them any good.” [Here,] the expression וְלֹא חָלַק is [understood to mean]:“that deity which they would choose for themselves did not apportion to them any inheritance or any portion.”
ולא חלק להם: לא נתנם לחלקם. ואונקלוס תרגם ולא אוטיבא להון, לא הטיבו להם שום טובה, ולשון לא חלק אותו אלוה שבחרו להם לא חלק להם שום נחלה ושום חלק:
26. And the Lord's fury raged against that land, bringing upon it the entire curse written in this book. כו. וַיִּחַר אַף יְהֹוָה בָּאָרֶץ הַהִוא לְהָבִיא עָלֶיהָ אֶת כָּל הַקְּלָלָה הַכְּתוּבָה בַּסֵּפֶר הַזֶּה:
27. And the Lord uprooted them from upon their land, with fury, anger and great wrath, and He cast them to another land, as it is this day. כז. וַיִּתְּשֵׁם יְהֹוָה מֵעַל אַדְמָתָם בְּאַף וּבְחֵמָה וּבְקֶצֶף גָּדוֹל וַיַּשְׁלִכֵם אֶל אֶרֶץ אֲחֶרֶת כַּיּוֹם הַזֶּה:
And the Lord uprooted them: Heb. וַיִּתְּשֵׁם ה׳, as rendered by the Targum: וְטַלְטְלִינוּן, “and He drove them out.” Similarly, “Behold, I uproot them (נוֹתְשָׁם) from upon their land” (Jer. 12:14).
ויתשם ה': כתרגומו וטלטלינון, וכן (ירמיה יב יד) הנני נותשם מעל אדמתם:
28. The hidden things belong to the Lord, our God, but the revealed things apply to us and to our children forever: that we must fulfill all the words of this Torah. כח. הַנִּסְתָּרֹת לַיהֹוָה אֱלֹהֵינוּ נקודות) וְהַנִּגְלֹת ֹלָֹנוֹּ ֹוֹּלְֹבָֹנֵֹיֹנֹוּ עַד עוֹלָם לַעֲשׂוֹת אֶת כָּל דִּבְרֵי הַתּוֹרָה הַזֹּאת:
The hidden things belong to the Lord, our God: Now, you might object [to God, saying]: “But what can we do? You punish the entire community because of the sinful thoughts of an individual, as Scripture says, ‘Perhaps there is among you a man…’ (verse 17 above), and after this, Scripture continues, ‘Seeing the plagues of that land [and the diseases with which the Lord struck it]’ (verse 21) [which seems to indicate that for the sinful thought of even one individual, the whole land would be struck down with plagues and diseases]. But surely no man can know the secret thoughts of his fellow [that we could somehow prevent this collective punishment!” In answer to this, God says:] “I will not punish you for the hidden things!” [I.e.,] because “[The hidden things] belong to the Lord, our God,” and He will exact punishment upon that particular individual [who sins in secret]. However, “the revealed things apply to us and to our children” [that is, we are responsible for detecting the sins committed openly in our community, and] to eradicate any evil among us. And if we do not execute judgment upon these [open transgressions, over which we do have control,], then the whole community will be punished [because they would be remiss in their responsibility]. There is a dot placed over [each letter of] the words לָנוּ וּלְבָנֵינוּ here, to teach us homiletically that even for open sins [which were not brought to judgment, God] did not punish the whole community-until Israel crossed the Jordan. For then, they accepted upon themselves the oath at Mount Gerizim and Mount Ebal, and thereby [formally] became responsible for one another (Sanh. 43b). [When dots are placed over letters of the Torah, this denotes an exclusion of some sort. In our context, our Rabbis teach us that the exclusion refers to the period prior to the crossing of the Jordan.]
הנסתרת לה' אלהינו: ואם תאמרו מה בידינו לעשות, אתה מעניש את הרבים על הרהורי היחיד, שנאמר (פסוק יז) פן יש בכם איש וגו', ואחר כך (פסוק כא) וראו את מכות הארץ ההיא, והלא אין אדם יודע טמונותיו של חבירו, אין אני מעניש אתכם על הנסתרות, שהן לה' אלהינו והוא יפרע מאותו יחיד, אבל הנגלות, לנו ולבנינו לבער הרע מקרבנו, ואם לא נעשה דין בהם יענשו את הרבים. נקוד על לנו ולבנינו, לדרוש, שאף על הנגלות לא ענש את הרבים עד שעברו את הירדן משקבלו עליהם את השבועה בהר גרזים ובהר עיבל ונעשו ערבים זה לזה:
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Daily Tehillim: Psalms Chapters 90-96
• Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
See below for today's additional chapters.
Chapter 90
David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Chapter 91
This psalm inspires the hearts of the people to seek shelter under the wings of the Divine Presence. It also speaks of the four seasons of the year, and their respective ministering powers, instructing those who safeguard their souls to avoid them.
1. You who dwells in the shelter of the Most High, who abides in the shadow of the Omnipotent:
2. I say of the Lord who is my refuge and my stronghold, my God in whom I trust,
3. that He will save you from the ensnaring trap, from the destructive pestilence.
4. He will cover you with His pinions and you will find refuge under His wings; His truth is a shield and an armor.
5. You will not fear the terror of the night, nor the arrow that flies by day;
6. the pestilence that prowls in the darkness, nor the destruction that ravages at noon.
7. A thousand may fall at your [left] side, and ten thousand at your right, but it shall not reach you.
8. You need only look with your eyes, and you will see the retribution of the wicked.
9. Because you [have said,] "The Lord is my shelter," and you have made the Most High your haven,
10. no evil will befall you, no plague will come near your tent.
11. For He will instruct His angels in your behalf, to guard you in all your ways.
12. They will carry you in their hands, lest you injure your foot upon a rock.
13. You will tread upon the lion and the viper; you will trample upon the young lion and the serpent.
14. Because he desires Me, I will deliver him; I will fortify him, for he knows My Name.
15. When he calls on Me, I will answer him; I am with him in distress. I will deliver him and honor him.
16. I will satiate him with long life, and show him My deliverance.
Chapter 92
Sung every Shabbat by the Levites in the Holy Temple, this psalm speaks of the World to Come, and comforts the hearts of those crushed by suffering.
1. A psalm, a song for the Shabbat day.
2. It is good to praise the Lord, and to sing to Your Name, O Most High;
3. to proclaim Your kindness in the morning, and Your faithfulness in the nights,
4. with a ten-stringed instrument and lyre, to the melody of a harp.
5. For You, Lord, have gladdened me with Your deeds; I sing for joy at the works of Your hand.
6. How great are Your works, O Lord; how very profound Your thoughts!
7. A brutish man cannot know, a fool cannot comprehend this:
8. When the wicked thrive like grass, and all evildoers flourish-it is in order that they may be destroyed forever.
9. But You, Lord, are exalted forever.
10. Indeed, Your enemies, O Lord, indeed Your enemies shall perish; all evildoers shall be scattered.
11. But You have increased my might like that of a wild ox; I am anointed with fresh oil.
12. My eyes have seen [the downfall of] my watchful enemies; my ears have heard [the doom of] the wicked who rise against me.
13. The righteous will flourish like a palm tree, grow tall like a cedar in Lebanon.
14. Planted in the House of the Lord, they shall blossom in the courtyards of our God.
15. They shall be fruitful even in old age; they shall be full of sap and freshness-
16. to declare that the Lord is just; He is my Strength, and there is no injustice in Him.
Chapter 93
This psalm speaks of the Messianic era, when God will don grandeur-allowing no room for man to boast before Him as did Nebuchadnezzar, Pharaoh, and Sennacherib.
1. The Lord is King; He has garbed Himself with grandeur; the Lord has robed Himself, He has girded Himself with strength; He has also established the world firmly that it shall not falter.
2. Your throne stands firm from of old; You have existed forever.
3. The rivers have raised, O Lord, the rivers have raised their voice; the rivers raise their raging waves.
4. More than the sound of many waters, than the mighty breakers of the sea, is the Lord mighty on High.
5. Your testimonies are most trustworthy; Your House will be resplendent in holiness, O Lord, forever.
Chapter 94
An awe-inspiring and wondrous prayer with which every individual can pray for the redemption. It is also an important moral teaching.
1. The Lord is a God of retribution; O God of retribution, reveal Yourself!
2. Judge of the earth, arise; render to the arrogant their recompense.
3. How long shall the wicked, O Lord, how long shall the wicked exult?
4. They continuously speak insolently; all the evildoers act arrogantly.
5. They crush Your people, O Lord, and oppress Your heritage.
6. They kill the widow and the stranger, and murder the orphans.
7. And they say, "The Lord does not see, the God of Jacob does not perceive.”
8. Understand, you senseless among the people; you fools, when will you become wise?
9. Shall He who implants the ear not hear? Shall He who forms the eye not see?
10. Shall He who chastises nations not punish? Shall He who imparts knowledge to man [not know]?
11. The Lord knows the thoughts of man, that they are naught.
12. Fortunate is the man whom You chastise, O Lord, and instruct him in Your Torah,
13. bestowing upon him tranquillity in times of adversity, until the pit is dug for the wicked.
14. For the Lord will not abandon His people, nor forsake His heritage.
15. For judgment shall again be consonant with justice, and all the upright in heart will pursue it.
16. Who would rise up for me against the wicked ones; who would stand up for me against the evildoers?
17. Had the Lord not been a help to me, my soul would have soon dwelt in the silence [of the grave].
18. When I thought that my foot was slipping, Your kindness, O Lord, supported me.
19. When my [worrisome] thoughts multiply within me, Your consolation delights my soul.
20. Can one in the seat of evil, one who makes iniquity into law, consort with You?
21. They band together against the life of the righteous, and condemn innocent blood.
22. The Lord has been my stronghold; my God, the strength of my refuge.
23. He will turn their violence against them and destroy them through their own wickedness; the Lord, our God, will destroy them.
Chapter 95
This psalm speaks of the future, when man will say to his fellow, "Come, let us sing and offer praise to God for the miracles He has performed for us!"
1. Come, let us sing to the Lord; let us raise our voices in jubilation to the Rock of our deliverance.
2. Let us approach Him with thanksgiving; let us raise our voices to Him in song.
3. For the Lord is a great God, and a great King over all supernal beings;
4. in His hands are the depths of the earth, and the heights of the mountains are His.
5. Indeed, the sea is His, for He made it; His hands formed the dry land.
6. Come, let us prostrate ourselves and bow down; let us bend the knee before the Lord, our Maker.
7. For He is our God, and we are the people that He tends, the flock under His [guiding] hand-even this very day, if you would but hearken to His voice!
8. Do not harden your heart as at Merivah, as on the day at Massah in the wilderness,
9. where your fathers tested Me; they tried Me, though they had seen My deeds.
10. For forty years I quarreled with that generation; and I said, "They are a people of erring hearts, they do not know My ways.”
11. So I vowed in My anger that they would not enter My resting place.
Chapter 96
The time will yet come when man will say to his fellow: "Come, let us sing to God!"
1. Sing to the Lord a new song; sing to the Lord, all the earth.
2. Sing to the Lord, bless His Name; proclaim His deliverance from day to day.
3. Recount His glory among the nations, His wonders among all the peoples.
4. For the Lord is great and highly praised; He is awesome above all gods.
5. For all the gods of the nations are naught, but the Lord made the heavens.
6. Majesty and splendor are before Him, might and beauty in His Sanctuary.
7. Render to the Lord, O families of nations, render to the Lord honor and might.
8. Render to the Lord honor due to His Name; bring an offering and come to His courtyards.
9. Bow down to the Lord in resplendent holiness; tremble before Him, all the earth.
10. Proclaim among the nations, "The Lord reigns"; indeed, the world is firmly established that it shall not falter; He will judge the peoples with righteousness.
11. The heavens will rejoice, the earth will exult; the sea and its fullness will roar.
12. The fields and everything therein will jubilate; then all the trees of the forest will sing.
13. Before the Lord [they shall rejoice], for He has come, for He has come to judge the earth; He will judge the world with justice, and the nations with His truth.
Additional Three Chapters
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Today's Chapters are 55, 56 and 57.
Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
____________________________
Tanya: Iggeret HaKodesh, beginning of Epistle 16
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, 19 Elul 5774 • 14 September 2014
Iggeret HaKodesh, beginning of Epistle 16
לאנשי קהילת
To the members of the community of . . .
It has already been noted that the Alter Rebbe devoted many of the letters that comprise Iggeret HaKodesh to the theme of tzedakah, particularly when dedicated to the support of those who engage in Torah study and divine service in Eretz Yisrael. As its opening salutation indicates, the present letter is one of those sent to a particular community. Its economic state was dismal,1 and word had reached the Alter Rebbe that its charitable contributions for the Kollel Chabad Fund had fallen off accordingly.
The Alter Rebbe therefore writes that he is aware of their hardships, but it remains imperative that they maintain their regular level of generosity. The reasons he enumerates are based on the requirements of Torah law, as well as on considerations that surpass the letter of the law.
אהוביי אחיי ורעיי אשר כנפשי
My beloved, my brethren and friends, who are to me like my own soul.
Certain qualities are uniquely found in the closeness and love of brothers, and other qualities, in the warm devotion of friends.2 In writing “my brethren and friends,” the Alter Rebbe indicates that his letter wells from both kinds of brotherliness.
הנה לא נעלם ממני צוק העתים
The hardships of these times are not hidden from me,
אשר נתדלדלה הפרנסה
in that the means for earning a livelihood have declined,
ובפרט הידועים לי ממחניכם, אשר מטה ידם
especially among those known to me from your community, whose hands have faltered,
בלי שום משען ומשענה
so that they are without any providers at all,3 with no work available for either husband or wife,
וממש לווים ואוכלים
and they literally borrow in order to eat.4
ה׳ ירחם עליהם, וירחיב להם בצר, בקרוב
May G d show them compassion and speedily bring them respite from their straits.
ועם כל זה, לא טוב הם עושים לנפשם
Nonetheless, they are not acting rightly unto their souls,
לפי הנשמע, אשר קפצו ידם הפתוחה מעודם עד היום הזה
according to reports that they close their hand which all their life long, to this very day, has been open
ליתן ביד מלאה ועין יפה לכל הצטרכות ההכרחיות, לדי מחסורי האביונים נקיים
to give with a full hand and a generous eye5 for all vital necessities to satisfy the needs of the “clean” destitutes6
אשר עיניהם נשואות אלינו
whose eyes are lifted unto us.
This refers to the destitute of Eretz Yisrael who had absolutely no means of support other than the charitable fund of Kollel Chabad.
ואם אנו לא נרחם עליהם, חס ושלום, מי ירחם עליהם
If we will not pity them, heaven forfend, who will?
וחי אחיך עמך, כתיב
And it is written,7 “...so that your brother may live with you!”
I.e., one should share with his brethren even that which is most essential for one’s own life.
ולא אמרו: חייך קודמין, אלא כשביד אחד קיתון של מים וכו׳
As to the ruling of the Sages that8 “Your own life takes precedence,” this applies only in a case “when one has a pitcher of water in hand...”;
If a traveler in the desert has just enough water to sustain his own life until civilization is reached, and if he shares it with his friend they will both inevitably die, then his own life takes precedence.
שהוא דבר השוה לשניהם בשוה לשתות להשיב נפשם בצמא
that is, when it is equally essential that both drink in order to save their lives from thirst.
אבל אם העני צריך לחם לפי הטף, ועצים וכסות בקרה, וכהאי גוונא
But if a pauper needs bread for the mouths of babes, and firewood and clothes against the cold, and the like,
כל דברים אלו קודמין לכל מלבושי כבוד וזבח משפחה, בשר ודגים וכל מטעמים, של האדם וכל בני ביתו
then all these take precedence over any fine apparel and family feasts, with meat and fish and all kinds of delicacies, for oneself and all of one’s household.9
ולא שייך בזה: חייך קודמין
The rule that “your own life takes precedence” does not apply in such a case,
מאחר שאינן חיי נפש ממש, כמו של העני, שוה בשוה ממש
because these are not really essential to life, as are [the needs] of the poor, in true equality,
כדאיתא בנדרים, דף פ׳
as is discussed in Nedarim, page 80[b].
The Gemara speaks there about a stream that originates in one town and flows through another. If it does not provide enough drinking water for both towns, the water rights belong to the inhabitants of the first town. The same applies to the water that both towns need for their livestock or for washing their clothes. If, however, the second town needs drinking water for its citizens, while the first town only needs the water for washing clothes, then the needs of the second town prevail.
We thus see, that if the respective needs are not exactly equal, then one does not say “one’s own life take precedence,” even in a situation where one’s own needs are quite real and far from frivolous. When fathers and mothers are crying out for bread for their little ones, and for firewood and clothing to protect them from the cold, this surely takes precedence over the valid but non-essential needs of one’s own family.
FOOTNOTES
1. At this point the Yiddish original of the present commentary is interrupted by the colloquial interjection, Nisht do gedacht (lit., “May this not be spoken of here!”) — “May we never know of such misfortunes!”
2. Note of the Rebbe: “Cf. the distinctions between ‘my sister’ and ‘my wife’ in Likkutei Torah, beginning of Parshat Behar, et al.”
3. Note of the Rebbe: “This refers to their present earning capacity.”
4. Note of the Rebbe: “I.e., they have neither savings nor the wherewithal to buy even rations for minimal survival.”
5. The Rebbe adds, “...which increases the extent of the gift (Terumot 4:3).”
6. Note of the Rebbe: “An uncommon adjective for a pauper, perhaps chosen because of the additional connotation of the Hebrew idiom, נקי מנכסיו — ‘cleaned out of his possessions.”’
7. Vayikra 25:36.
8. Bava Metzia 62a, in a discussion of the above verse.
9. This array of bourgeois non-essentials is borrowed from one of the well-known zemirot, a song sung between courses at certain Shabbos tables.
____________________________
Rambam:
Daily Mitzvah P208 N271 N272 Sefer Sefer Hamitzvot
Today's Mitzvah
Sunday, 18 Elul 5774 • 14 September 2014
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 208
Honest Measurements
"Honest balance, honest weights, an honest dry measure and an honest liquid measure, you shall have"—Leviticus 19:36.
We are commanded to have precise and "righteous" measuring implements—scales, weights, and measures.
The Midrash says: "Conditional on this I took you out of Egypt—on condition that you accept the mitzvah of [honest] measures. For one who acknowledges the mitzvah of measures, also acknowledges the Exodus from Egypt; and one who rejects the mitzah of measures, also denies the Exodus from Egypt."
Honest Measurements
Positive Commandment 208
Translated by Berel Bell
The 208th mitzvah is that we are commanded to have accurate weights, scales, and measures, and to insure that they are exact.
The source of this commandment is G‑d's statement1 (exalted be He), "You must have an honest balance, honest weights, an honest eifa, and an honest hin."
In the words of the Sifra: "The phrase 'an honest balance' means that you must insure that the balances are totally accurate. 'Honest weights' means that you must insure that the weights are totally accurate. 'An honest eifa' means that you must insure that all eifas are totally accurate. 'An honest hin' means that you must insure that all hins are totally accurate." You are already aware that an eifa is a dry measure and a hin is a liquid measure.
Although2 the actual type of measure varies, they serve a single function, since what is weighed or measured is just a particular quantity of something. All these categories, i.e. scales, weights, and dry and liquid measures are collectively called middos. So too, the commandment to insure that each corresponds exactly to the commonly accepted amount is called mitzvas middos.
In the words of the Sifra: "On this condition I brought you out of Egypt — on condition that you accept upon yourselves mitzvas middos; because whoever acknowledges mitzvas middos acknowledges the redemption from Egypt and whoever denies mitzvas middos denies the redemption from Egypt."
The details of this mitzvah are explained in the 5th chapter of tractate Bava Basra.3
FOOTNOTES
1.Lev. 19:36.
2.The Rambam now explains why it counts as just one mitzvah, even though the verse mentions four categories.
3.88a.
________________________________________
Negative Commandment 271
Falsifying Measurements
"You shall do no unrighteousness in judgment; in measure, in weight or in land measure"—Leviticus 19:35.
It is forbidden to be dishonest in the course of surveying land, or measuring or weighing substances. When surveying land, it must be done according to the principles of engineering—not randomly, by "guess-timate," as is so often done.
Falsifying Measurements
Negative Commandment 271
Translated by Berel Bell
The 271st prohibition is that we are forbidden to be dishonest in measurement of land, [liquid and dry] measures, or weights.
The source of this prohibition is G‑d's statement,1 "Do not be dishonest in law, measure, weight or volume."
The Oral Tradition explains that the verse means "Do not be dishonest in the law of measures." Our Sages2 said regarding the phrase "Do not be dishonest in law, " "It cannot refer to passing judgment, because that was already stated.3 What, then, is the meaning of the word 'law'? To teach that one who measures is called a judge."
There our Sages also explained that the word "measure" refers to the measurement of land — that the measurement and calculation should be done according to the principles of engineering and methods of exact measurement, and not through inaccurate estimates, as is done by most officials.
The word "weight" includes both the weights and the balances.
FOOTNOTES
1.Lev. 19:35.
2.Sifra, ibid.
3.In Lev. 19:15. See N273.
Maintaining an Unbalanced Measure
"You shall not have in your bag diverse weights, large and small"—Deuteronomy 25:13.
It is forbidden to even harbor in one's possession an unbalanced weight or measuring implement—even if there's no intention to use them. As the Talmud says, "even if it is being used as a commode!"
Maintaining an Unbalanced Measure
Negative Commandment 272
Translated by Berel Bell
The 272nd prohibition is that we are forbidden to keep false weights and measures in our home, even if they are not used for business purposes.
The source of this prohibition is G‑d's statement1 (exalted be He), "You may not keep in your pocket two different weights, one large and one small." So too,2 "[You may not keep...] two different measures."
In the words of tractate Bava Basra:3 "A person may not keep a measure which is too small or too large, even as a urinal."
Do not conclude that the two verses "You may not keep ...two different measures" and "You may not keep...two different weights" constitute two mitzvos. This is because the two statements come only to complete the laws covered by this mitzvah; to include both weight and measure. It is as if the verse says, "You may not have two different measures, whether for weight or other measurement." This is similar to what we explained by the positive commandment.4
G‑d's statement, "You may not keep in your pocket two different weights...You may not keep...two different measures" is similar to the verse,5 "Do not take interest from your brother, whether it is interest for money, interest for food, or interest for anything else for which interest is normally taken." The latter is a single prohibition with one law covering many categories.
As we explained in the 9th Introductory Principle, repetition of the phrase "do not..." does not constitute an additional mitzvah if it deals with the same action. We already had another instance of this in the 200th prohibition, "No chametz may be seen in your possession; no s'or may be seen in your possession" [which also counts as only one mitzvah].
FOOTNOTES
1.Deut. 25:13.
2.Ibid., 25:14.
3.89b.
4.P208 above.
5.Deut. 23:20.
לאנשי קהילת
To the members of the community of . . .
It has already been noted that the Alter Rebbe devoted many of the letters that comprise Iggeret HaKodesh to the theme of tzedakah, particularly when dedicated to the support of those who engage in Torah study and divine service in Eretz Yisrael. As its opening salutation indicates, the present letter is one of those sent to a particular community. Its economic state was dismal,1 and word had reached the Alter Rebbe that its charitable contributions for the Kollel Chabad Fund had fallen off accordingly.
The Alter Rebbe therefore writes that he is aware of their hardships, but it remains imperative that they maintain their regular level of generosity. The reasons he enumerates are based on the requirements of Torah law, as well as on considerations that surpass the letter of the law.
אהוביי אחיי ורעיי אשר כנפשי
My beloved, my brethren and friends, who are to me like my own soul.
Certain qualities are uniquely found in the closeness and love of brothers, and other qualities, in the warm devotion of friends.2 In writing “my brethren and friends,” the Alter Rebbe indicates that his letter wells from both kinds of brotherliness.
הנה לא נעלם ממני צוק העתים
The hardships of these times are not hidden from me,
אשר נתדלדלה הפרנסה
in that the means for earning a livelihood have declined,
ובפרט הידועים לי ממחניכם, אשר מטה ידם
especially among those known to me from your community, whose hands have faltered,
בלי שום משען ומשענה
so that they are without any providers at all,3 with no work available for either husband or wife,
וממש לווים ואוכלים
and they literally borrow in order to eat.4
ה׳ ירחם עליהם, וירחיב להם בצר, בקרוב
May G d show them compassion and speedily bring them respite from their straits.
ועם כל זה, לא טוב הם עושים לנפשם
Nonetheless, they are not acting rightly unto their souls,
לפי הנשמע, אשר קפצו ידם הפתוחה מעודם עד היום הזה
according to reports that they close their hand which all their life long, to this very day, has been open
ליתן ביד מלאה ועין יפה לכל הצטרכות ההכרחיות, לדי מחסורי האביונים נקיים
to give with a full hand and a generous eye5 for all vital necessities to satisfy the needs of the “clean” destitutes6
אשר עיניהם נשואות אלינו
whose eyes are lifted unto us.
This refers to the destitute of Eretz Yisrael who had absolutely no means of support other than the charitable fund of Kollel Chabad.
ואם אנו לא נרחם עליהם, חס ושלום, מי ירחם עליהם
If we will not pity them, heaven forfend, who will?
וחי אחיך עמך, כתיב
And it is written,7 “...so that your brother may live with you!”
I.e., one should share with his brethren even that which is most essential for one’s own life.
ולא אמרו: חייך קודמין, אלא כשביד אחד קיתון של מים וכו׳
As to the ruling of the Sages that8 “Your own life takes precedence,” this applies only in a case “when one has a pitcher of water in hand...”;
If a traveler in the desert has just enough water to sustain his own life until civilization is reached, and if he shares it with his friend they will both inevitably die, then his own life takes precedence.
שהוא דבר השוה לשניהם בשוה לשתות להשיב נפשם בצמא
that is, when it is equally essential that both drink in order to save their lives from thirst.
אבל אם העני צריך לחם לפי הטף, ועצים וכסות בקרה, וכהאי גוונא
But if a pauper needs bread for the mouths of babes, and firewood and clothes against the cold, and the like,
כל דברים אלו קודמין לכל מלבושי כבוד וזבח משפחה, בשר ודגים וכל מטעמים, של האדם וכל בני ביתו
then all these take precedence over any fine apparel and family feasts, with meat and fish and all kinds of delicacies, for oneself and all of one’s household.9
ולא שייך בזה: חייך קודמין
The rule that “your own life takes precedence” does not apply in such a case,
מאחר שאינן חיי נפש ממש, כמו של העני, שוה בשוה ממש
because these are not really essential to life, as are [the needs] of the poor, in true equality,
כדאיתא בנדרים, דף פ׳
as is discussed in Nedarim, page 80[b].
The Gemara speaks there about a stream that originates in one town and flows through another. If it does not provide enough drinking water for both towns, the water rights belong to the inhabitants of the first town. The same applies to the water that both towns need for their livestock or for washing their clothes. If, however, the second town needs drinking water for its citizens, while the first town only needs the water for washing clothes, then the needs of the second town prevail.
We thus see, that if the respective needs are not exactly equal, then one does not say “one’s own life take precedence,” even in a situation where one’s own needs are quite real and far from frivolous. When fathers and mothers are crying out for bread for their little ones, and for firewood and clothing to protect them from the cold, this surely takes precedence over the valid but non-essential needs of one’s own family.
FOOTNOTES
1. At this point the Yiddish original of the present commentary is interrupted by the colloquial interjection, Nisht do gedacht (lit., “May this not be spoken of here!”) — “May we never know of such misfortunes!”
2. Note of the Rebbe: “Cf. the distinctions between ‘my sister’ and ‘my wife’ in Likkutei Torah, beginning of Parshat Behar, et al.”
3. Note of the Rebbe: “This refers to their present earning capacity.”
4. Note of the Rebbe: “I.e., they have neither savings nor the wherewithal to buy even rations for minimal survival.”
5. The Rebbe adds, “...which increases the extent of the gift (Terumot 4:3).”
6. Note of the Rebbe: “An uncommon adjective for a pauper, perhaps chosen because of the additional connotation of the Hebrew idiom, נקי מנכסיו — ‘cleaned out of his possessions.”’
7. Vayikra 25:36.
8. Bava Metzia 62a, in a discussion of the above verse.
9. This array of bourgeois non-essentials is borrowed from one of the well-known zemirot, a song sung between courses at certain Shabbos tables.
____________________________
Rambam:
Daily Mitzvah P208 N271 N272 Sefer Sefer Hamitzvot
Today's Mitzvah
Sunday, 18 Elul 5774 • 14 September 2014
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 208
Honest Measurements
"Honest balance, honest weights, an honest dry measure and an honest liquid measure, you shall have"—Leviticus 19:36.
We are commanded to have precise and "righteous" measuring implements—scales, weights, and measures.
The Midrash says: "Conditional on this I took you out of Egypt—on condition that you accept the mitzvah of [honest] measures. For one who acknowledges the mitzvah of measures, also acknowledges the Exodus from Egypt; and one who rejects the mitzah of measures, also denies the Exodus from Egypt."
Honest Measurements
Positive Commandment 208
Translated by Berel Bell
The 208th mitzvah is that we are commanded to have accurate weights, scales, and measures, and to insure that they are exact.
The source of this commandment is G‑d's statement1 (exalted be He), "You must have an honest balance, honest weights, an honest eifa, and an honest hin."
In the words of the Sifra: "The phrase 'an honest balance' means that you must insure that the balances are totally accurate. 'Honest weights' means that you must insure that the weights are totally accurate. 'An honest eifa' means that you must insure that all eifas are totally accurate. 'An honest hin' means that you must insure that all hins are totally accurate." You are already aware that an eifa is a dry measure and a hin is a liquid measure.
Although2 the actual type of measure varies, they serve a single function, since what is weighed or measured is just a particular quantity of something. All these categories, i.e. scales, weights, and dry and liquid measures are collectively called middos. So too, the commandment to insure that each corresponds exactly to the commonly accepted amount is called mitzvas middos.
In the words of the Sifra: "On this condition I brought you out of Egypt — on condition that you accept upon yourselves mitzvas middos; because whoever acknowledges mitzvas middos acknowledges the redemption from Egypt and whoever denies mitzvas middos denies the redemption from Egypt."
The details of this mitzvah are explained in the 5th chapter of tractate Bava Basra.3
FOOTNOTES
1.Lev. 19:36.
2.The Rambam now explains why it counts as just one mitzvah, even though the verse mentions four categories.
3.88a.
________________________________________
Negative Commandment 271
Falsifying Measurements
"You shall do no unrighteousness in judgment; in measure, in weight or in land measure"—Leviticus 19:35.
It is forbidden to be dishonest in the course of surveying land, or measuring or weighing substances. When surveying land, it must be done according to the principles of engineering—not randomly, by "guess-timate," as is so often done.
Falsifying Measurements
Negative Commandment 271
Translated by Berel Bell
The 271st prohibition is that we are forbidden to be dishonest in measurement of land, [liquid and dry] measures, or weights.
The source of this prohibition is G‑d's statement,1 "Do not be dishonest in law, measure, weight or volume."
The Oral Tradition explains that the verse means "Do not be dishonest in the law of measures." Our Sages2 said regarding the phrase "Do not be dishonest in law, " "It cannot refer to passing judgment, because that was already stated.3 What, then, is the meaning of the word 'law'? To teach that one who measures is called a judge."
There our Sages also explained that the word "measure" refers to the measurement of land — that the measurement and calculation should be done according to the principles of engineering and methods of exact measurement, and not through inaccurate estimates, as is done by most officials.
The word "weight" includes both the weights and the balances.
FOOTNOTES
1.Lev. 19:35.
2.Sifra, ibid.
3.In Lev. 19:15. See N273.
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Negative Commandment 272Maintaining an Unbalanced Measure
"You shall not have in your bag diverse weights, large and small"—Deuteronomy 25:13.
It is forbidden to even harbor in one's possession an unbalanced weight or measuring implement—even if there's no intention to use them. As the Talmud says, "even if it is being used as a commode!"
Maintaining an Unbalanced Measure
Negative Commandment 272
Translated by Berel Bell
The 272nd prohibition is that we are forbidden to keep false weights and measures in our home, even if they are not used for business purposes.
The source of this prohibition is G‑d's statement1 (exalted be He), "You may not keep in your pocket two different weights, one large and one small." So too,2 "[You may not keep...] two different measures."
In the words of tractate Bava Basra:3 "A person may not keep a measure which is too small or too large, even as a urinal."
Do not conclude that the two verses "You may not keep ...two different measures" and "You may not keep...two different weights" constitute two mitzvos. This is because the two statements come only to complete the laws covered by this mitzvah; to include both weight and measure. It is as if the verse says, "You may not have two different measures, whether for weight or other measurement." This is similar to what we explained by the positive commandment.4
G‑d's statement, "You may not keep in your pocket two different weights...You may not keep...two different measures" is similar to the verse,5 "Do not take interest from your brother, whether it is interest for money, interest for food, or interest for anything else for which interest is normally taken." The latter is a single prohibition with one law covering many categories.
As we explained in the 9th Introductory Principle, repetition of the phrase "do not..." does not constitute an additional mitzvah if it deals with the same action. We already had another instance of this in the 200th prohibition, "No chametz may be seen in your possession; no s'or may be seen in your possession" [which also counts as only one mitzvah].
FOOTNOTES
1.Deut. 25:13.
2.Ibid., 25:14.
3.89b.
4.P208 above.
5.Deut. 23:20.
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Rambam:
• 1 Chapter a Day: Nehalot - Chapter 1Nehalot - Chapter 1
HILCHOT NACHALOT
The Laws Pertaining to Inheritances
It contains one mitzvah: the laws of the order of inheritance. This mitzvah is explained in the following chapters.
Halacha 1
This is the order of inheritance: When a person dies, his children inherit his estate. They receive priority over everyone else, and the sons receive priority over the daughters.
Halacha 2
In every situation, a female does not inherit together with a male.
If a person does not have children, his father inherits his estate. A mother does not inherit her son's estate. This has been conveyed by the Oral Tradition.
Halacha 3
With regard to every concept of precedence for an inheritance, a person's blood descendants receive precedence. Therefore, when a person - either a man or a woman - dies and he leaves a son, he inherits everything. If the son is no longer alive, we look to see if the son left descendants. If there are descendants of the son, whether male or female - even the daughter of the daughter of the son's daughter, and this chain can be continued endlessly -that descendant inherits everything.
If the son does not have descendants, we return to the deceased's daughter. If there are descendants of the daughter, whether male or female - and this chain can be continued endlessly - that descendant inherits everything.
If the son does not have descendants, the estate returns to the deceased's father. If the father is no longer alive, -we look to see if the father left descendants - i.e., the brothers of the deceased. If there is a brother of the deceased or the descendant of a brother, he inherits everything. If there are no brothers, we return and look to see if the deceased had a sister. If there is a sister or the descendant of a sister, that person inherits everything.
If there are no descendants of the deceased's brothers or sisters, since there are no descendants of the deceased's father, the estate returns to the deceased's paternal grandfather. If the paternal grandfather is no longer alive, we look to see if the paternal grandfather left descendants - i.e., the uncles or aunts of the deceased. The males receive precedence over the females, and even the descendants of the males receive precedence over the females, as is the law with regard to the descendants of the deceased himself.
If there are no uncles or none of their descendants, the estate returns to the deceased's paternal great-grandfather. Following this pattern, the chain of inheritance continues to extend until Reuven the son of Jacob. Thus the order of inheritance is as follows: A son takes precedence over a daughter. Similarly, all of the son's descendants take precedence over the daughter. The daughter takes precedence over her paternal grandfather, and similarly, all her descendants take precedence over her paternal grandfather.
The deceased's father takes precedence over the deceased's brothers, because they are the father's descendants. The deceased's brothers take precedence over his sisters. Similarly, all their descendants take precedence over the sister.
The deceased's sister takes precedence over her paternal grandfather, and similarly, all her descendants take precedence over her paternal grandfather.
The deceased's paternal grandfather takes precedence over the deceased's uncles. The uncles take precedence over the aunts. Indeed, all the uncles' descendants take precedence over the aunts. The aunts take precedence over the deceased's paternal great-grandfather. Indeed, all the aunts' descendants take precedence over the deceased's paternal great-grandfather. This pattern should be continued until the beginning of all generations. Thus, there is no Jew who does not have heirs.
Halacha 4
When a person dies and leaves a daughter and the daughter of a son - or even the daughter of the son's daughter and this chain can continue for several generations - the son's daughter takes precedence. She inherits everything; the deceased's daughter does not receive anything.
Similar laws applies when a person is survived by his brother's daughter and his sister, by his uncle's daughter and his aunt, or in all other analogous situations.
Halacha 5
A woman is, however, given full rights in the following situation. A person had two sons who died in his lifetime. One of the sons left three sons and the other left a daughter. Afterwards, the elder man died. The three grandsons inherit half of the inheritance and the granddaughter inherits the other half. For each inherits their father's portion. Similar laws apply with regard to the division of an estate among the children of the deceased's brothers, the children of his uncles, or the children of other relatives extending back until the beginning of all generations.
Halacha 6
With regard to the concept of inheritance, the family of a person's mother is not considered family. Inheritance is relevant only with regard to one's father's family. Therefore, maternal brothers do not inherit each other's estates, while paternal brothers do. This applies to brothers who share only a father or who share both a father and a mother.
Halacha 7
All relatives who were conceived through forbidden relations have equal inheritance rights to those who are conceived through permitted relations.
What is implied? When a person has a son or a brother who is a mamzer, he is treated like any of the other sons or any of the other brothers when it comes to the concept of inheritance. A person's son who is born by a maid-servant or a gentile woman is not considered his son at all, and has no right of inheritance whatsoever.
Halacha 8
A woman does not inherit her husband's estate at all.
A husband inherits all his wife's property, according to the words of our Sages. He takes precedence over all others with regard to inheriting her estate. This applies even if she is forbidden to him - e.g., a widow who was married to a High Priest, or a divorcee or a woman who had performed chalitzah who was married to an ordinary priest. Similarly, this applies even if the woman was below majority. Even though a husband is a deaf-mute, he inherits his wife's estate.
Halacha 9
We have already explained in Hilchot Ishut that a husband does not inherit his wife's estate until she enters his domain, and that a man who is mentally aware does not inherit the estate of a woman whom he married as a deaf mute. This applies even if she later becomes fully mentally aware.
There we also explained that a husband inherits the property that enters his wife's domain and which she took possession of during her lifetime. This applies to the property she brought to his household as a dowry, and property that she did not bring to his household. When a husband attempted to divorce his wife, although there is a question about the validity of the divorce, her husband does not inherit her estate after her death.
Halacha 10
When a man marries a young girl who does not need the right of
to nullify a marriage, he does not inherit her estate, because there is no marriage. Similarly, when a man who was mentally or emotionally unstable married a mentally aware woman, or a mentally aware man married a woman who was mentally or emotionally unstable, the husband does not inherit his wife's estate, for our Sages did not ordain marriage for such individuals.
Halacha 11
When a man's wife died, and afterwards her father, her brother, or any of the other individuals whose estate she may inherit dies, her husband does not inherit their estate. Instead, the estate should be inherited by her descendants, if she has descendants. If not, the right of inheritance should return to the family of her father's home. The rationale is that the husband does not inherit property that is fit to become hers afterwards, only property that she already inherited before she died.
Halacha 12
Similarly, a husband does not inherit his wife's estate while he is in the grave as is the ordinary pattern of inheritance for members of his father's family.
What is implied? A man died, and afterwards his wife died. We do not say: Since the husband receives precedence over all others with regard to the inheritance, the husband's heirs should receive precedence over the woman's other heirs. Instead, the woman's heirs from her father's family inherit her estate if she dies after her husband.
Halacha 13
Similarly, a son does not inherit his mother's estate while he is in the grave, so that the estate will be inherited by his paternal brothers.
What is implied? A person died, and afterwards his mother died. We do not say that if the son were alive, he would take precedence in the inheritance of her estate, and hence, the heirs of the son take precedence over the heirs of this woman. According to the latter conception, the son's paternal brothers would inherit the estate of his mother after her death. This view is not accepted. Instead, if the son has children, they should inherit his mother's estate. If he does not have children, the estate should return to her father's family.
If, however, the mother died first and then the son died, even if he was a newborn baby who was born prematurely, since he survived his mother and then died, he inherits his mother's estate and then transfers the rights to that estate to the family of his father.
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Rambam:
• 3 Chapters a Day: Genevah - Chapter Four, Genevah - Chapter Five, Genevah - Chapter Six
Genevah - Chapter Four
Halacha 1
When a watchman claims that an entrusted article was stolen from his home and takes an oath to this effect, and afterwards, witnesses come and testify that he made a false claim and that he is still in possession of the entrusted article, the watchman is required to pay twice the worth of the stolen article. For the watchman is himself a thief.
If he slaughtered or sold a stolen animal after he took the false oath, he must pay four or five times its worth. He is not required to bring a guilt offering for taking a false oath that was discredited by witnesses. Nor is he required to add a fifth of the value of the stolen article. For a fifth is never paid when a double payment is paid. If witnesses come before he takes an oath, he is required to pay only the principal.
Halacha 2
When does the above apply? When he took an oath before he misappropriated the entrusted article. If, however, he misappropriated the entrusted article, claimed that it had been stolen, and took an oath to that effect, and then witnesses came and discredited his oath, he is not liable for the double payment. As soon as he misappropriated the article, he became liable for it and acquired responsibility for it.
Halacha 3
Similarly, if the watchman claimed that the entrusted article was lost and took an oath to that effect, and then claimed it was stolen and took an oath to that effect, and then witnesses came and testified that it was in his possession, the watchman is not liable for the double payment. For at the time he took the first false oath, the entrusted article was no longer considered the property of the original owner.
Halacha 4
When a person who discovered a lost article claims that it was stolen and takes an oath to that effect, and afterwards, witnesses come and testify that the lost article was in his possession and that he made a false claim, he is required to pay twice the article's worth. This is implied by Exodus 22:8, which states that a double payment must be made for "any lost article."
The above applies when he claims that it was stolen by an armed thief, in which instance he would not be held liable. If, however, he claims that it was stolen in a manner that is not beyond his control, he is not liable for the double payment. For he would have been liable to pay for the lost article because of his claim, since a person caring for a lost article that he discovered is considered to be a paid watchman, as will be explained.
Halacha 5
When a watchman claims that an entrusted article was stolen and takes an oath to that effect, and then witnesses come and testify that the entrusted article is in his possession, and then he again claims that it was stolen and takes an oath to that effect, and then witnesses again come and testify that the entrusted article is still in his possession - even if this sequence repeats itself 100 times - he is liable for a double payment for every claim.
Thus, if he took five false oaths, he is liable to pay six times the value of the entrusted article, the principal that was entrusted to him and five times its value, because of the five double payments that result from the five false oaths.
Halacha 6
The following rules apply when a watchman claims that an entrusted article was stolen and takes an oath to that effect, and then claims that the entrusted article was lost - and then witnesses come and testify that the article was not stolen, and the watchman admits that it was not lost. Since he must pay twice the value of the entrusted article because of the witnesses, he need not pay an additional fifth as a surcharge because of the other oath, although he admitted it to be false. The rationale is that since this involves the same principal for which he is required to make the double payment, he is not liable for the additional fifth.
Halacha 7
The following rules apply if a person entrusted his ox to two people, they claimed that it was stolen and took an oath to that effect, and afterwards one of them admitted that the oath was false, and then witnesses came and testified that the other one lied. They both must pay the principal. If the owner of the entrusted object seizes property belonging to the partner whose oath was refuted in lieu of the double payment for his share of the stolen article, it shall not be expropriated from him. The one who admitted taking the false oath must pay an additional fifth for his share of the stolen article, as must all who voluntarily admit taking false oaths regarding entrusted objects.
Halacha 8
These rules apply with regard to the obligations of a watchman and a thief in the following situations. The owner of an entrusted object demanded its return from an unpaid watchman. The watchman took an oath that the article was stolen.
Afterwards, the thief was discovered. The watchman filed a claim against the thief, who admitted stealing the entrusted article. Afterwards, the owner of the entrusted article filed a claim against the thief, and he denied stealing the entrusted article. Witnesses then came and testified that the thief stole the article.
If the watchman took a true oath when he claimed that the article was stolen, he is considered the agent of the owners, and the thief is freed from the responsibility for the double payment, because he admitted the theft to the watchman.
If the watchman took a false oath the question is unresolved. Therefore, the thief is not compelled to pay twice the value of the stolen article. If, however, the owner seizes property belonging to the thief in lieu of the double payment, it shall not be expropriated from him.
The owner demanded the return of the entrusted article from the watchman and he paid for the article, and then the thief was discovered. In such a case, the watchman acquires the right to the article and to the double payment. The owner filed a claim against the thief, who admitted stealing the entrusted article. Afterwards, the watchman filed a claim against the thief, and he denied stealing the entrusted article. Witnesses then came and testified that the thief stole the article.
The thief is not compelled to pay twice the value of the stolen article. If, however, the watchman seizes property belonging to the thief in lieu of the double payment, it shall not be expropriated from him.
Similar laws apply with regard to the payment of four or five times the value of a stolen sheep or cow if the thief sold or slaughtered it.
Halacha 9
When a watchman claims that an article entrusted to him by a minor was stolen and takes an oath to that effect, and afterwards witnesses come and testify that the entrusted article is still in his possession, he is not liable. This applies even if the owner entrusted the article to the watchman when the owner was a minor and demanded its return after he attained majority.
This is derived from Exodus 22:6, which states: "When a man will give his colleague... articles to watch...." A child's entrusting of an article is of no consequence. Instead, he must be past majority both when he entrusts the article and when he demands its return.
Halacha 10
When a watchman steals an article entrusted to him from his own domain - e.g., he stole a lamb from a flock entrusted to him or a sela from a wallet entrusted to him - if witnesses testify regarding the theft, he is liable for twice the amount of the article.
The above applies even if he returned the sela to its place, and the lamb to the herd. For he remains responsible for them until he notifies the owner, since with his theft of the article his responsibility as a watchman is concluded. Thus, it is as if he had not returned anything until he notifies the owner.
Slightly different rules apply if a person steals a sela from a wallet belonging to a colleague, or a utensil from his home and then returns the utensil or the sela to its place. If the owner knew of the theft, but did not know of its return, the thief is still responsible for the article until his colleague counts his money.
Halacha 11
When the owner counts his wallet and discovers the full amount, the thief is no longer liable. Moreover, if the owner did not know that the article was either taken or returned, it is not even necessary for the owner to count his money. As soon as the thief returned the money to its place, he is no longer responsible for it.
Halacha 12
When does the above apply? With regard to an article that is not alive. When, however, a thief steals a lamb from a colleague's herd, the owner discovers the theft, the thief then returns it to the herd without informing the owner, and afterwards, the lamb dies or is stolen, the first thief is still liable. If, however, the owner counted his sheep, and the herd was complete,the thief is no longer liable.
If the owner did not know that the lamb was stolen or returned, the thief is liable until he informs the owner, so that he will pay more attention to the stolen lamb. This is necessary, because the thief taught it a way other than that followed by the other sheep in this herd.
Genevah - Chapter Five
Halacha 1
It is forbidden to buy a stolen article from a thief. This is a severe sin, for it reinforces a transgressor and motivates him to steal in the future. For if he did not find a person who would purchase a stolen article from him, he would not steal. With reference to this, Proverbs 29:24 states: "A person who shares profits with a thief hates his own soul."
Halacha 2
When a thief steals and sells the stolen article before the owner despairs of its return, the thief is discovered, and witnesses come and testify that so and so stole this particular article in their presence, the stolen article shall be returned to its owner. The owner must reimburse the purchaser for the money that he paid the thief. This measure was ordained to enable uninhibited trade in the marketplace. The owner then sues the thief for the money he paid.
If the thief's reputation was known, our Sages did not ordain any leniency. The owner is not required to pay the purchaser anything, and instead, the purchaser must sue the thief and collect the money he paid from him.
Halacha 3
Different laws apply when the owner despairs of the article's return, regardless of whether he despairs before the thief sold the article or afterwards. The purchaser acquires the article because of the owner's despair and the transfer from one domain to another. He is not required to return the article itself; instead, he must reimburse the owner if he purchased the article from a thief whose reputation was well known.
If the thief was not known to steal, the purchaser is neither required to give the owner the article, nor to reimburse him. This was ordained to enable uninhibited trade in the marketplace.
Halacha 4
The following rule applies when the purchaser sues the original owner for the return of the money he spent. If there are no witnesses who can testify regarding the price, the trader must take an oath while holding a sacred article, stating the price he paid. He then collects this sum from the original owner.
Whenever a person takes an oath before he collects, the oath is a Rabbinical ordinance. He must take the oath while holding a sacred article, as will be explained in the appropriate place.
Halacha 5
If, when the purchaser sues the thief for the return of his money, the thief claims that he received a lesser sum, the trader must take an oath while holding a sacred article. He may then collect this sum from the thief. He is required to take the oath because the thief is not given the option of taking the oath, since we suspect that he will take a false oath].
Halacha 6
If a thief stole and gave the stolen article as payment for a loan or as payment for a debt owed a merchant, our Sages did not ordain any leniency to encourage trading. Instead, the owner of the article shall take his article back from the thief's creditor without paying him, and the thief remains responsible for the debt as before.
When the stolen article was given as surety for a loan, regardless of whether the loan was given for more or less than the worth of the article, the original owner shall pay the person holding the surety and then sue the thief for the money, unless the reputation of the thief was public knowledge, as explained above.
Halacha 7
When a person purchased a stolen article from a thief whose reputation is not public knowledge, he is entitled to collect the amount he paid from the original owner. Only then must he return the stolen article.
This applies regardless of whether he paid 100 zuz for an article worth 200, or 200 zuz for an article worth 100. Our Sages ordained this rule to allow for uninhibited trade, as explained above.
Halacha 8
The original owner is not required to reimburse the recipient of the stolen article in the following situation. A person was owed 100 zuz by a thief. The thief stole an article and gave it to his creditor, who gave the thief another 100 zuz. The stolen article must be returned to its original owner, and we tell the creditor: "Demand payment for 200 zuz from the thief. For you did not give him the second hundred only because of the article that he gave you. Just as you trusted him with regard to the first hundred, so too, you trusted him with regard to the second."
Halacha 9
Torah law does not allow profit to be made from the sale of a stolen article. For example, if a person purchased a stolen article from a thief whose reputation was not public knowledge, for 100 zuz and sold it to a colleague for 120, and afterwards the thief was apprehended, the original owner must pay the second purchaser 120 zuz. He then may take his article. Afterwards, he shall be reimbursed for 20 zuz by the seller and then collect 100 zuz from the thief.
If the reputation of the thief was public knowledge, the original owner shall pay the second purchaser 120 zuz and collect that amount from the trader who purchased the article from the thief. The trader shall then collect the principal, 100 zuz, from the thief.
The same principles apply if the second purchaser sold the stolen article to a third, or the third to a fourth. Even if the stolen article changed hands one hundred times. The final purchaser is reimbursed completely by the owner, who takes the profit from each of the middle men and collects the principal from the thief. All of this applies before the owner despaired of the return of the stolen article, as we have explained.
Halacha 10
The following rules apply when there is a report that goods belonging to a person who was not known to sell his personal property were stolen, and that person recognizes his utensils and books in the possession of another person. They also apply when the person would frequently sell his personal property, but the utensils he recognized as his own were utensils that are made to lend or to rent out.
If witnesses come and testify that these utensils belong to the said individual, the person in possession of the utensils shall take an oath, stating the price he paid for the utensils, and collect this sum from the the owner and then return them to him.
Halacha 11
Different rules apply if the owner of the house would frequently sell his personal property, and the objects in question were not utensils that are made to lend or to rent out. In such an instance, even if there is a report that his property was stolen, the original owner is not entitled to claim it back from the purchasers, for it is possible that he sold it to others.
The house-owner's word is, however, accepted in the following situation. People came and lodged in his home. At night, he arose and called out: "My utensils and my scrolls have been stolen." His neighbors found a tunnel dug from his home and saw the people who lodged in his home leaving, carrying bundles of utensils on their shoulders. The thieves were not apprehended, but afterwards, the house-owner claimed to have discovered the stolen articles in the possession of another person, and everyone agreed, saying: "These are the house-owner's utensils and scrolls."
Under such circumstances, the house-owner's claim is accepted. The person in possession of the articles shall take an oath, stating the price he paid for the articles, and collect this sum from the house-owner and then return them to him.
Halacha 12
If a person whose reputation as a thief is public knowledge entered a person's house, and witnesses testify that he left with utensils hidden under his cloak, his word is not accepted even though the house-owner was present. Although the thief claims to have purchased the articles, since the house-owner claims that they were stolen, the house-owner's claim is accepted, provided he was not known to sell his personal property, the articles in question are not generally carried hidden, and the person in possession of the articles does not ordinarily carry them under his cloak. The house-owner must take an oath while holding a sacred article that they are his. He then may take his property.
If the person in possession of the articles is not known to be a thief, the house-owner's word is not accepted. Instead, the person in possession of the articles must take a Rabbinic oath that he purchased the articles. He may then depart.
Genevah - Chapter Six
Halacha 1
Whenever the prevailing assumption is that an article is stolen, one is forbidden to purchase it. Similarly, if the majority of a particular substance is stolen, one is forbidden to purchase it. Therefore, one should not purchase wool, milk or kids from shepherds. This applies within a settled community. In the desert, by contrast, one may purchase milk and cheese from them.
Similarly, one may purchase four sheep or the shearing of four sheep from the shepherd of a small herd, or five from the shepherd of a large herd, for we do not presume that an amount of this size is stolen.
Halacha 2
To state the general principle: Whenever a shepherd sells an article that would be noticed by the owner, it may be purchased from the shepherd. If the owner would not notice it, it is assumed to be stolen and may not be purchased from the shepherd.
Halacha 3
We may not purchase wood or produce from the watchmen of produce unless they sit openly and sell with baskets of produce and scales in front of them. In such an instance, the matter is overt and will be spoken about; therefore, we can conclude that theft is not involved.
We may purchase from the entrance to a garden, but not from its rear. And whenever a seller says: "Hide the goods," it is forbidden to purchase from him.
One may purchase from a sharecropper, for he has a share in the produce and the wood.
Halacha 4
We should not purchase articles from married women, servants or minors unless the prevailing assumption is that they were granted these articles by their owner; for example, women who sell linen garments in the Galilee or calves in the Sharon. In all instances, if they say "Hide the goods," it is forbidden to purchase from them, for we assume that the goods were stolen.
We may purchase eggs or roosters anywhere, from any person. If, however, one says "Hide what was sold," it is forbidden.
Halacha 5
One may purchase a large measure of olives or oil from an owner of an olive press. One may not, however, purchase a small amount of olives or oil, for the prevailing assumption is that these would be stolen goods. Similar laws apply in other like situations.
Halacha 6
A launderer of a new woolen garment is entitled to the fluff that he removes. The strands that the comber removes, by contrast, belong to the owner of the wool.
The launderer may take three strands. Anything more belongs to the owner of the garment. If the additional strands were black against a white garment, the launderer may take all of them.
Halacha 7
When a tailor leaves more thread than necessary to sew with a needle, and a piece of cloth that is more than three fingerbreadths by three fingerbreadths, he is obligated to return it to the owner. Anything less than that, he may keep as his own.
Halacha 8
A carpenter may keep the shavings of wood that he produces with a plane. The chips he produces with a hatchet, by contrast, belong to the owner. If he is working for the owner as a hired hand, even the shavings belong to the owner.
With regard to all these matters, the prevailing local custom is followed.
Halacha 9
Whenever a craftsman sells items to which he is not entitled according to the local practice - e.g., strands of fluff sold by a comber where it is customary that they are returned to the owner - it is forbidden to purchase from him, for we assume that they are stolen. If, however, he sells a pillow filled with wool, one may purchase it from him.
If a craftsman sells articles to which he is entitled according to the local practice, it is permitted to purchase them from him. If, however, he says, "Hide it," purchase is forbidden.
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Hayom Yom:
Sunday, 19 Elul 5774 • 14 September 2014
"Today's Day"
Sunday, Elul 19, 5703
Torah lessons: Chumash: Nitzavim-Vayeilech, first parsha with Rashi.
Tehillim: 90-96. Also 55-57.
Tanya: XVI. My beloved (p. 477) ...folio 80. (p. 479).
When the Alter Rebbe was still in Vitebsk he once expounded on the verse "You stand...1" Taking eitz (wood) as an idiom of eitza (counsel), he interpreted "choppers of wood" to mean that one must chop out "the many thoughts (counsels) in the heart of man."2 "Those who draw water," he interpreted - one must drain out the water that "makes all enjoyments grow."3
FOOTNOTES
1. Devarim 19:9, 10. The verses read (in part): "You stand today, all of you, before the Eternal your G-d...; ...from the choppers of your wood to those who draw your water."
2. Mishlei 19:21.
3. See Tanya Ch. 1. "The appetite for pleasures (derives) from the element of water, for water makes grow all kinds of enjoyment."
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Daily Thought:
The Bigger They AreSunday, Elul 19, 5703
Torah lessons: Chumash: Nitzavim-Vayeilech, first parsha with Rashi.
Tehillim: 90-96. Also 55-57.
Tanya: XVI. My beloved (p. 477) ...folio 80. (p. 479).
When the Alter Rebbe was still in Vitebsk he once expounded on the verse "You stand...1" Taking eitz (wood) as an idiom of eitza (counsel), he interpreted "choppers of wood" to mean that one must chop out "the many thoughts (counsels) in the heart of man."2 "Those who draw water," he interpreted - one must drain out the water that "makes all enjoyments grow."3
FOOTNOTES
1. Devarim 19:9, 10. The verses read (in part): "You stand today, all of you, before the Eternal your G-d...; ...from the choppers of your wood to those who draw your water."
2. Mishlei 19:21.
3. See Tanya Ch. 1. "The appetite for pleasures (derives) from the element of water, for water makes grow all kinds of enjoyment."
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Daily Thought:
Nothing is true that just stays up there. Every word of wisdom reaches its fulfillment only when it gets down to our real world. Lofty truths need to be pushed over the edge to crash upon the hearts of stone below.
Whatever wisdom you learn, open a space in your life for that lesson to flow into and fill.
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