Chabad - Today in Judaism - TODAY IS: Friday, 9 Tishrei 5775 • 3 October 2014

Chabad - Today in Judaism - TODAY IS: Friday, 9 Tishrei 5775 • 3 October 2014
Erev Yom Kippur
Today's Laws & Customs:
Kaparot
In the early morning hours of the day preceding Yom Kippur, the Kaparot ("Atonement") ceremony is performed. We take a live chicken (a rooster for a male and a hen for a female) and, circling it three times above our heads, we declare: "This is my replacement, this is my exchange, this is my atonement; this fowl shall go to its death, and I shall go to a long, good and peaceful life." The fowl is then slaughtered in accordance with halachic procedure, at which time we contemplate that this is a fate we ourselves would deserve, G-d forbid, for our failings and iniquities. The value of the fowl is given to the poor, and its meat eaten in the Yom Kippur meal; some give the fowl itself to the poor. (A alternate custom is to perform the rite only with money, reciting the prescribed verses and giving the money to charity. Kaparot can also be performed in the preceding days, during the "Ten Days of Repentance").
Links: The Custom of Kaparot (from the Yom Kippur "How to" guide); a Chassidic story; What Give us the Right to Kill Animals?
Festive Meals
The day before Yom Kippur is a Yom Tov, a festive day; for although we stand prepared to be judged in the supernal courtroom for our deeds of the passed year, we are confident that G-d is a merciful judge, and will decree a year of life, health and prosperity for us. Two festive meals are eaten -- one at midday and the other before the fast, which begins at sunset. The Talmud states that "Whoever eats and drinks on the 9th [of Tishrei], it is regarded as if he had fasted on both the 9th and the 10th."
In many communities it is customary to eat kreplach on the day before Yom Kippur. Kreplach are small squares of rolled pasta dough filled with ground meat and folded into triangles. They can be boiled and served in soup or fried and served as a side dish. The meat symbolizes severity, the dough is an allusion to kindness. In preparation for the Day of Judgment we "cover" the severity with kindness. (Click here for a recipe.)
Links: Eating Before Yom Kippur; Reverse Biology; Food: an Anthology
Mikveh
Both men and women immerse in a mikveh (ritual pool) to attain an extra measure of sanctity before the holy day.
Lekach (honey cake)
It is customary to ask for and receive lekach (sweet cake -- signifying a sweet year) from someone (usually one's mentor or parent) on this day. One of the reasons given for this custom is that if it had been decreed, G-d forbid, that during the year we should need to resort to a handout from others, the decree should be satisfied with this asking for food. The Lubavitcher Rebbe adds a deeper insight: "asking for lekach" on the eve of Yom Kippur instills in us the recognition that all the sustenance we receive throughout the year, including that which we supposedly "earn" by our own powers and endeavors, is in truth a gift from Above, granted in response to our daily requests from "He who nourishes the entire world with in His goodness, with grace, with benevolence and with compassion."
Link: Our Daily Bread
Additional customs
Additional eve of Yom Kippur customs include receiving symbolic malkut ("lashings") as atonment for one's transgressions, reciting the "Al Chet" confession of sins after minchah and at sunset, and lighting a 26-hour candle that would burn for the duration of Yom Kippur.
Yom Kippur fast begins at sunset
Yom Kippur ("Day of Atonement"), the holiest day of the year, begins this evening at sunset. Its most basic observance is the fast that begins at sunset and ends tomorrow evening at nightfall (a total of approximately 26 hours), during which we abstain from food and drink in fulfillment of the biblical command (Leviticus 16:29; see also "Festive Meals" above).
For more on the Yom Kippur observances see Laws & Customs for tomorrow, Tishrei 10.
Kol Nidrei
The first of the five Yom Kippur prayer services, which begins with the solemn Kol Nidrei prayer, is recited in the synogogue tonight at sunset, at the onset of the holy day.
For more on the Yom Kippur observances see Laws & Customs for tomorrow, Tishrei 10.
Ten Days of Repentance
The 10-day period beginning on Rosh Hashanah and ending on Yom Kippur is known as the "Ten Days of Repentance"; this is the period, say the sages, of which the prophet speaks when he proclaims (Isaiah 55:6) "Seek G-d when He is to be found; call on Him when He is near." Psalm 130, Avinu Malkeinu and other special inserts and additions are included in our daily prayers during these days.
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 for today's three Psalms.
Chapter 112 Chapter 113 Chapter 114
Before Kol Nidrei chapters 115-123 Before retiring for the night chapters 124-132
Links: About the Ten Days of teshuvah; Voicemail; more on teshuvah

Today in Jewish History:
DAILY QUOTE:
Fighting evil is a very noble activity when it must be done. But it is not our mission in life. Our job is to bring in more light.(The Lubavitcher Rebbe)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Vezot Hab'rachah, 6th Portion (Deuteronomy 33:27-33:29) with Rashi
• Chapter 33
27. which are the abode for the God Who precedes all, and below, are the mighty ones of the world. He expelled the enemy from before you, and said, 'Destroy!' כז. מְעֹנָה אֱלֹהֵי קֶדֶם וּמִתַּחַת זְרֹעֹת עוֹלָם וַיְגָרֶשׁ מִפָּנֶיךָ אוֹיֵב וַיֹּאמֶר הַשְׁמֵד:
which are the abode for God Who precedes all: The skies are an abode for God who preceded (קֶדֶם) all other deities. He selected the skies [above] as His residence and abode, while all the strong men live below Him.
מענה אלהי קדם: למעון הם השחקים לאלהי קדם, שקדם לכל אלהים ובירר לו שחקים לשבתו ומעונתו, ומתחת מעונתו כל בעלי זרוע שוכנים:
are the mighty ones of the world: [Literally, “The arms of the world.” This refers to] Sihon, Og, and the kings of Canaan, who were [considered] the strength and might of the world. Therefore, despite themselves, they will tremble and quake, and their power will dwindle before God - the fear of one above always falls upon the one below, and thus, He to whom power and might belong is the one who helps you, and who...
זרעת עולם: סיחון ועוג ומלכי כנען, שהיו תקפו וגבורתו של עולם, לפיכך על כרחם יחרדו ויזועו וכחם חלש מפניו. לעולם אימת הגבוה על הנמוך, והוא שהכח והגבורה שלו בעזרך:
drove out the enemy from before you: And said to you,“Destroy them!”
ויגרש מפניך אויב: ואמר לך השמד אותם:
which are the abode: Heb. מְעֹנָה. Every word that requires a lamed as a prefix [meaning “for” or “to”] can instead have a hey as a suffix [and the meaning is identical. Thus, here, the word מְעֹנָה is equivalent to לַמָּעֹן, meaning “for an abode”]. — [Yev. 13b]
מענה: כל תיבה שצריכה למ"ד בתחלתה הטיל לה ה"א בסופה:
28. And Israel dwelled safely and alone as Jacob [blessed them], in a land of grain and wine; also, their heavens will drip dew. כח. וַיִּשְׁכֹּן יִשְׂרָאֵל בֶּטַח בָּדָד עֵין יַעֲקֹב אֶל אֶרֶץ דָּגָן וְתִירוֹשׁ אַף שָׁמָיו יַעַרְפוּ טָל:
safely and alone: Every single individual [will dwell safely]-each man under his own vine and his own fig tree. [And their security will be so sound, that] they will have no need to live together in one group, because of the enemy.
בטח בדד: כל יחיד ויחיד איש תחת גפנו ותחת תאנתו מפוזרין ואין צריכים להתאסף ולישב יחד מפני האויב:
as Jacob [blessed]: Heb. עֵין יַעִקֹב. [The word עֵין, has the same meaning here] like [referring to the manna],“And its appearance (וְעֵינוֹ) was like the appearance of (כְּעֵין) crystal” (Num. 11:7). [So, our verse comes to teach us that the blessing here, of Israel dwelling בָּדָד] is like the appearance of the blessing that Jacob blessed, and not like the [meaning of the word] בָּדָד used by Jeremiah,“I dwelled alone (בָּדָד) ” (Jer. 15:17), but like the appearance of the promise [of secure dwelling] that Jacob made to them [Joseph and his brothers],“And God will be with you, and bring you back to the land of your forefathers” (Gen. 48:21). - [Sifrei 33:28]
עין יעקב: כמו (במדבר יא, ז) ועינו כעין הבדולח, כעין הברכה שברכם יעקב, לא כבדד שאמר ירמיה (ירמיה טו, יז) בדד ישבתי, אלא כעין הבטחה שהבטיחם יעקב (בראשית מח, כא) והיה אלהים עמכם והשיב אתכם אל ארץ אבותיכם:
will drip: Heb. יַעַרְפוּ [like] יִרְעִפוּ, will drip .
יערפו: יטיפו:
also, their heavens will drip dew: [Why does the verse say “also”? It means:] Also, Isaac’s blessing will be added to that of Jacob, which states, “And the God will give you from the dew of the heavens” (Gen. 27: 28). - [Sifrei 33:28]
אף שמיו יערפו טל: אף ברכתו של יצחק נוספת על ברכתו של יעקב (שם כז, כח) ויתן לך האלהים מטל השמים וגו':
29. Fortunate are you, O Israel! Who is like you, O people whose salvation is through the Lord, the Shield Who helps you, your majestic Sword! Your enemies will lie to you, but you will tread upon their heights." כט. אַשְׁרֶיךָ יִשְׂרָאֵל מִי כָמוֹךָ עַם נוֹשַׁע בַּיהֹוָה מָגֵן עֶזְרֶךָ וַאֲשֶׁר חֶרֶב גַּאֲוָתֶךָ וְיִכָּחֲשׁוּ אֹיְבֶיךָ לָךְ וְאַתָּה עַל בָּמוֹתֵימוֹ תִדְרֹךְ:
Fortunate are you, O Israel: After Moses specified the blessings to Israel, he said to them, “Why do I have to specify all the details? In general: Everything is yours!”
אשריך ישראל: לאחר שפרט להם הברכות אמר להם מה לי לפרוט לכם, כלל דבר, הכל שלכם:
Fortunate are you, O Israel. Who is like you…!: Your salvation depends on God, Who is the Shield that helps you and the Sword of your majesty.
אשריך ישראל מי כמוך: תשועתך בה' אשר הוא מגן עזרך (ואשר הוא) וחרב גאותך:
Your enemies will lie to you: Like, for instance, the Gibeonites, who said, “Your servants have come from a… distant land…” (Josh. 9:9).
ויכחשו אויביך לך: כגון הגבעונים שאמרו (יהושע ט, ט) מארץ רחוקה באו עבדיך וגו':
and you will tread upon their upon their heights: [The meaning here is: “And you will crush their neck underfoot,”] similar to“Place your feet upon the necks of these kings!” (Josh. 10:24).
ואתה על במותימו תדרוך: כענין שנאמר (שם י, כד) שימו את רגליכם על צוארי המלכים האלה:
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Daily Tehillim: Psalms Chapters 49-54
• 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 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot redeem his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they study, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
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 112, 113 and 114.
Chapter 112
This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house, and his righteousness endures forever.
4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.
10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.
Chapter 113
This psalm recounts some of the wonders of the exodus from Egypt.
1. Praise the Lord! Offer praise, you servants of the Lord; praise the Name of the Lord.
2. May the Name of the Lord be blessed from now and to all eternity.
3. From the rising of the sun to its setting, the Name of the Lord is praised.
4. The Lord is high above all nations; His glory transcends the heavens.
5. Who is like the Lord our God, Who dwells on high
6. [yet] looks down so low upon heaven and earth!
7. He raises the poor from the dust, lifts the destitute from the dunghill,
8. to seat them with nobles, with the nobles of His people.
9. He transforms the barren woman into a household, into a joyful mother of children. Praise the Lord!
Chapter 114
This psalm explains why the tribe of Judah merited kingship.
1. When Israel went out of Egypt, the House of Jacob from a people of a foreign tongue,
2. Judah became His holy [nation], Israel, His domain.
3. The sea saw and fled, the Jordan turned backward.
4. The mountains skipped like rams, the hills like young sheep.
5. What is the matter with you, O sea, that you flee; Jordan, that you turn backward;
6. mountains, that you skip like rams; hills, like young sheep?
7. [We do so] before the Master, the Creator of the earth, before the God of Jacob,
8. Who turns the rock into a pool of water, the flintstone into a water fountain.
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Tanya: Iggeret HaKodesh, middle of Epistle 20
• Lessons in Tanya
• Today's Tanya Lesson
Friday, 9 Tishrei 5775 • 3 October 2014
Iggeret HaKodesh, middle of Epistle 20
ובזה יובן היות המצוות במלכות, ה׳ של שם הוי׳
It will now be understood — in terms of the Sefirot and the corresponding letters of the Divine Name — why the mitzvot are in Malchut, the [latter] hei of the Four-Letter Name of G‑d,
והתורה בזעיר אנפין, וא״ו של שם הוי׳
while the Torah is in Z’eir Anpin, the vav of the Four-Letter Name of G‑d.
הגם שלמעלה באריך אנפין, המצוות הן בגולגלתא, בלבנונית
Though on a higher plane — as mitzvot and Torah are found in the level of Keter — in Arich Anpin, the mitzvot are in the Gulgalta (lit., the “skull” that encompasses the Mochin) and, more specifically, in the “Whiteness” (i.e., in the level of Chesed of the Gulgalta, or Chesed of Arich Anpin),
היא האורחא דבפלוגתא דשערי, דמתפלגא לתרי״ג אורחין דאורייתא שבז״א
i.e., the “path” that is in the parting of the Se’arot (lit., the “hairs”) which divide into the 613 paths (i.e., effusions) of the Torah as it is in Z’eir Anpin,
Thus, mitzvot are on the encompassing level of Gulgalta that transcends the level of Mochin,
ושרש התורה דנפקא מחכמה עילאה, הוא במוחא סתימאה דאריך אנפין, והיינו החכמה דטעמי המצוות
and the root of the Torah which [merely] issues from the Supernal Chochmah though it ultimately derives from a root which is loftier than Supernal Chochmah is in the “Concealed Mochin” of Arich Anpin, which is the wisdom underlying the reasons for the commandments.
The “Concealed Mochin” of Arich Anpin that utterly transcends comprehension contains the wisdom underlying the reasons for the commandments. These reasons will first be revealed with the revelation of the “Concealed Mochin,” when Mashiach comes.
Insofar as Torah and the mitzvot are rooted in Keter, then, the mitzvot are on a higher plane than Torah; Torah is rooted in “Concealed Chochmah,” the level of Mochin in Keter, while the mitzvot are rooted in Gulgalta, the encompassing level of Keter that transcends Mochin.
Why is it, then, that in their standing within the Sefirot and within the corresponding letters of the Four-Letter Name of G‑d, Torah is loftier than mitzvot? — For the mitzvot are situated in Malchut, and in the corresponding final letter hei of the Divine Name, while Torah is in Z’eir Anpin, and in the corresponding letter vav of the Divine Name.
This is the question which the Alter Rebbe now answers:
אלא שהוא כחותם המתהפך
However, this is like an inverted seal.
The stamp of an engraved seal leaves an impression which is the exact opposite of itself: right becomes left and left becomes right; whatever protrudes becomes indented, and whatever was indented, protrudes.
So, too, the “protruding” or superior level of mitzvot in Keter descends by means of Hishtalshelut within the Sefirot in an “indented” or lower manner, while the “indented” or lower level of Torah descends within the Sefirot in a “protruding” or loftier manner.
ונעוץ תחלתן בסופן
Thus “Their beginning is wedged in their culmination”: The “beginning” or superior level of Keter in which the mitzvot are rooted descends and is “wedged” at the culmination of the lowest level of the Sefirot, viz., the Sefirah of Malchut,
הוא כח האין סוף ברוך הוא, לברוא יש מאין
that being the power of the blessed Ein Sof to create yesh from ayin, “something” from “nothing”, (for, as explained above, the power of Keter is vested within Malchut,)
ולא על ידי עילה ועלול, שיהיה העלול מוקף מעילתו, ובטל במציאות
and not by way of ilah and alul, whereby the alul (the effect) would be encompassed by its ilah (the cause), and essentially nonsubsistent [relative to it],
Such a manner of creation could not possibly fulfill the Divine intent in creation.
רק יהיה היש דבר נפרד מאלקות
but in such a way that the yesh should be — in its self-perception — an entity distinct from [its source in] Divinity,
בכדי שיהיה המאציל ברוך הוא מלך על כל הנפרדים
so that the blessed Emanator can be King over all such [self-styled] separate beings,
על ידי שיקיימו מצותיו שיצוה עליהם
through their fulfillment of the commandments that He will command them.
It is only thereby that G‑d’s desire to reign over created beings is fulfilled. For, as explained above, His sovereignty can find expression only over creatures who consider themselves to be separate entities from Him, but who nevertheless nullify their will to His through their actual performance of mitzvot.
וסוף מעשה במחשבה תחלה
Moreover, “The final act — those mitzvot that are performed with physical objects — was present in the beginning תחלה of thought,” in the level of thought that transcends even the “first” Divine thought ראשית חכמה. Within this sublime level a Divine intent desires the fulfillment of those mitzvot which involve physicality.
ולכן אמרו בירושלמי: ולית ליה לרבי שמעון שמפסיק ללולב וכו׳
That is why the Sages asked in the Yerushalmi:1 “Is then R. Shimon not of the opinion that one interrupts [Torah study] in order to fulfill the commandment of lulav?!...” — i.e., that even Torah study defers to a mitzvah, the time for whose performance has arrived.
The Sages asked this question in response to R. Shimon’s earlier statement that he and his colleagues would not interrupt their Torah study even for the recitation of the Shema. Their assumption was that whatever would be true of the mitzvah of lulav would also be true with regard to the recitation of the Shema.
The Yerushalmi then goes on to differentiate between Shema and other commandments with regard to interrupting one’s Torah study, explaining that both Shema and Torah study involve learning. Surely, however, R. Shimon would interrupt his Torah study for the performance of practical commandments in their proper time.
Insertion by the Rebbe: “And even Torah study itself presupposes the prior performance of the mitzvot — for they are its beginning, and on them depends its very existence (as in the forthcoming analogy on [the relationship between] the afterbirth and the child).”
וכל הלומד שלא לעשות, נוח לו שנהפכה שלייתו על פניו וכו׳
Moreover, as the Yerushalmi proceeds to quote R. Yochanan, “Whoever learns with the intention not to practice, it were better for him had his afterbirth turned over...,” and he would not have be born.
Why does the Yerushalmi relate to the afterbirth instead of simply stating that “it were better for him had he not been born”?
כי השליא נוצרה תחלה מהטיפה, והיא לבדה היתה עיקר הולד עד ארבעים יום, שהתחילה צורת הולד
For the afterbirth was formed first by the seminal drop, and until the fortieth day, when the embryo begins to take on form, it alone was the essential substance of the embryo.
וככה המצות הן עיקר התורה ושרשה, הגם שהמצוה היא גופנית, והתורה היא חכמה
In like manner, the commandments are the essence and root of the Torah, even though a commandment is corporeal and the Torah is wisdom, hence ethereal,
Insertion by the Rebbe: “This does not raise a problem as to the consequent standing of the Torah relative to the mitzvot, for the reason explained above [using the analogy of the inverted seal].”
רק שזה בחיצוניות, וזה בפנימיות
except that this (the lofty standing of the mitzvot) is on an external (makkif) level, while the other (the Torah) exists on an internal level, and thus infuses the mitzvot with vitality and soul,
וכדלקמן
as will be explained below.
Thus, should a person study Torah and not intend to perform the mitzvot, he is lacking the very root and foundation of the Torah, and it would thus have been better for him had his afterbirth turned over.
FOOTNOTES
1. Shabbat 1:2.
Note of the Rebbe: “It will be observed that this entire discussion appears earlier in the Yerushalmi, in Tractate Berachot (1:2), except that there the sukkah precedes the lulav, whereas in Tractate Shabbat the lulav precedes the sukkah. It would therefore appear reasonable to assume that [the Alter Rebbe] preferred to cite specifically this tractate (presumably because the law at hand applies primarily to Shabbat). Somewhat problematic, however, is the fact that the expression used in both discussions (as recorded in current editions of the Talmud) is ‘to make a lulav and to make a sukkah,’ whereas the difference between these cases is self-evident. See the Alter Rebbe’s Shulchan Aruch, Orach Chayim, begining of sec. 641. At any rate, this is not the forum for a lengthy discussion.”
See also Likkutei Sichot, Vol. XX, p. 267, footnote 10, and the sources listed there.
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Rambam:
Daily Mitzvah N251 Sefer Hamitzvot
Today's Mitzvah
Friday, 9 Tishrei 5775 • 3 October 2014
Negative Commandment 251
Hurtful Words
"You shall not wrong one another and you shall fear your G‑d"—Leviticus 25:17.
It is forbidden to verbally distress or humiliate another.
Examples:
If a person has sinned in his youth and then repented, one may not tell him, "Thank G‑d who has taken you away from that path to this good path!" or similar indirect references to his earlier faults that may cause him pain.
[If a person is suffering from illness, one may not say (as Job's friends did), "Has anyone perished who was totally innocent?"
If you see people who seek to purchase grain, do not tell them that they can obtain it by a certain person, who in reality has nothing to sell.
Do not enter a store and ask, "How much does this item cost?" when you have no intention to make a purchase.]
Our Sages taught that hurtful words are, in fact, a graver sin than defrauding another of money.
Hurtful Words
Negative Commandment 251
Translated by Berel Bell
The 251st prohibition is that we are forbidden from verbally wronging another person by telling him things that will distress and humiliate him, and make him discouraged.1 For example, when a person has sinned in his youth, but changed his ways, and someone tells him, "Thank G‑d who has taken you away from that path to this good path," or similar indirect references to faults that cause him pain.
The source of this prohibition is G‑d's statement2 (exalted be He), "V'lo sonu one another and you shall fear your G‑d." Our Sages3 said that this refers to verbally causing him pain (ona'as devarim). 4
In the words of the Sifra, "The verse 'V'lo sonu one another' refers to ona'as devarim. What does this mean? If the person is a baal teshuvah, do not tell him, 'Remember your previous deeds...'; if there was illness...[do not say as Job's friends did, 'has anyone perished who was totally innocent?']; if you see donkey drivers...[who are seeking grain to buy, do not say that they can obtain it by a certain person, who in reality has nothing to sell and the drivers will be disappointed]; do not ask, 'how much does this cost?' [when you don't intend to make a purchase, since it will cause disappointment to the seller]."
Our Sages said,5 "Ona'as devarim is more serious than ona'as mamon, since regarding the former, the Torah says, 'and you shall fear your G‑d.'"6
The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.
FOOTNOTES
1.Literally, "make him unable to encourage himself."
2.Lev. 25:17.
3.Bava Metzia 58b.
4.Causing verbal pain, as opposed to ona'as mamon, which is cheating someone financially. See N250.
5.Bava Metzia 58b.
6.From this statement it is obvious that ona'as devarim is a distinct mitzvah, not just a subcategory of ona'as mamon.
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Rambam:

• 1 Chapter a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 9
Sanhedrin veha`Onashin haMesurin lahem - Chapter 9
Halacha 1
When all the judges of a Sanhedrin begin their judgment of a case involving capital punishment and say that the defendant is liable, he is exonerated. There must be some who seek to exonerate him and argue on his behalf, but yet the majority hold him liable. Only then he is executed.
Halacha 2
The following rules apply when there is a difference of opinion in a minor Sanhedrin. If twelve judges say that he should be exonerated and eleven say that he should be held liable, he is exonerated. If twelve say that he is liable and eleven say that he should be exonerated or eleven say that he should be exonerated and eleven say that he is liable, and one says: "I don't know," we add two judges. Even if there are twelve who wish to exonerate him and twelve who hold him liable, and one who one says: "I don't know," we add two judges. The rationale is that the judge who says: "I don't know," is considered as if he does not exist, for he cannot change his mind and explain why the defendant should be held liable. Thus after the addition, there are 24 judges aside from the person who says: "I don't know."
If twelve say that he should be exonerated and twelve say that he is liable, he is exonerated. If eleven say that he should be exonerated and thirteen say that he is liable, he is liable. This applies even if one of the original judges says: "I don't know." For there are two more judges who rule that he is liable.
If twelve say that he should be exonerated and twelve say that he is liable, we add two judges. And similarly, if the balance is not broken, we continue to add two judges until there is at least one more judge who rules that he should be exonerated or at least two more judges who rule that he should be held liable. If there are an even number of judges on both sides, and one says: "I don't know," or if the number of judges who rule that he is liable is only one more than those who rule that he should be exonerated, we continue to add judges until we reach 71.
The following rules apply when the court reaches that size. If 36 say that he should be exonerated and 35 say that he is liable, he should be exonerated. If 36 say that he is liable and 35 say that he should be exonerated, they debate back and forth against each other until one of them sees the other's perspective and either exonerates him or holds him liable. If such a change in perspective does not take place, the judge of the greatest stature declares: "This judgment has become aged," and he is released.
If 35 say that he is liable and 35 say that he should be exonerated, and one says "I don't know," we release him. If 34 say that he should be exonerated and 36 say that he is liable, and one says: "I don't know," he is held liable. For there is a majority of two judges who hold him liable.
Halacha 3

When there is a difference of opinion in the Supreme Sanhedrin, whether with regard to a law involving capital punishment, monetary law, or other matters of Torah law, we do not add judges. Instead, they debate against each other and the ruling follows the majority. If their difference of opinion involves whether a person will be executed, they should debate against each other until they either exonerate him or hold him liable.
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Rambam:
• 3 Chapters a Day: Mechirah Mechirah - Chapter Thirteen, Mechirah Mechirah - Chapter Fourteen, Mechirah Mechirah - Chapter Fifteen
Mechirah - Chapter Thirteen
Halacha 1
When a person exchanges one article for another, or one animal for another, the laws of ona'ah do not apply. This is true even when he exchanges a needle for a necklace, or a lamb for a donkey. This person may desire the needle more than the necklace.
When, however, a person exchanges produce for produce, the laws of ona'ah do apply, regardless of whether the produce is evaluated before the sale or after the sale.
Halacha 2
When a person purchases an article with coins without measuring their number, volume or weight - e.g., he took a handful of coins and said: "Sell me your cow for these" - this is considered an exchange. The transaction is completed, and the unfair gain must be returned, as explained above.
This law also applies if someone purchases fruit without measuring its number, volume or weight for a sela or two. The transaction is completed and the unfair gain must be returned. When a homeowner sells his personal belongings, the laws of ona'ah do not apply. For a man would not sell his personal belongings unless he were offered an exorbitant amount of money.
Halacha 3
Although a person tells a colleague, "We are completing this transaction on the condition that you do not hold me responsible for the unfair gain," the laws of ona'ah apply.
When does the above apply? When the statements are made without being explicit. In such an instance, the other party does not know how much money he is forgoing in favor of his colleague. Needless to say, this is the law when one tells the other: "We are completing this transaction on the condition that there is no ona'ah involved," for ona'ah is involved.
If, however, one explicitly mentions the amount of unfair gain, the laws of ona'ah do not apply, because all conditions that are accepted by both parties are binding in cases of financial law.
Halacha 4
What is implied? If the seller tells the purchaser: "I am selling you this article for 200 zuz although I know it is worth only 100. I am selling it to you on the condition that you do not hold me responsible for the unfair gain," the laws of ona'ah do not apply.
Similarly, if the purchaser tells the seller: "I am purchasing this article from you for a maneh although I know it is worth 200. I am purchasing it from you on the condition that you do not hold me responsible for the unfair gain," the laws of ona'ah do not apply.
Halacha 5
When a person buys and sells in a faithful manner, the laws of ona'ah do not apply.
What is implied? The seller tells the purchaser: "I purchased this article for such and such, and I am making this and this amount of profit," the laws of ona'ah do not apply.
Halacha 6
When a person buys and sells in a faithful manner and purchases many different utensils and garments in one lot, he should not calculate and sell the inferior items in a faithful manner, and the superior items according to their value. Instead, he should sell either the entire lot in a faithful manner, or the entire lot according to its value.
The seller may include the cost of porters, donkey drivers and his lodgings in the cost of the article. He may not, however, add his own wages as a worker to the cost. Instead, he must say: "I am taking this and this amount as profit," and be specific about that amount.
Halacha 7
The laws of ona'ah do not apply with regard to a gentile. This is implied by Leviticus 25:14, which states: "When you sell an entity... or purchase an entity..., one man should not cheat his brother."
If a gentile takes unfair advantage of a Jew, he is required to return the unfair gain according to our laws. Dealings with a gentile should not be more severe than dealings with a fellow Jew.
Halacha 8
The laws of ona'ah do not apply with regard to the following objects: landed property, servants, promissory notes and consecrated property. Even if one sells one of these entities that is worth one thousand zuz for one zuz, or an entity worth one zuz for one thousand zuz, the laws of ona'ah do not apply.This is derived from Leviticus 25:14, which states: "Or when you purchase an entity from the hand of your colleague." "From the hand of indicates that the verse is referring to an article whose ownership is transferred from hand to hand, thus excluding landed property. And this also excludes servants, for an association has been established linking the laws governing them to those governing landed property. It also excludes promissory notes, since one is not purchasing the note itself. It merely serves as proof of the obligation it records.
"Your colleague" excludes consecrated property.
Halacha 9
When does the above apply? When one sells one's own property. When, by contrast, an agent makes the slightest error with regard to the value of either movable property or landed property, the transaction is nullified.
It appears to me that the same laws apply to a guardian entrusted with the property of orphans. If he makes the slightest error with regard to the value of either movable property or landed property, the transaction is nullified. He is not considered comparable to a court, because he is merely one individual.
Halacha 10
The following laws apply when a court sells either movable property or landed property belonging to orphans, and errs. If they erred with regard to less than one sixth of the value of the object, it is considered as if the unfair gain is waived, as is the law with regard to an ordinary person. If they erred with regard to one sixth, the transaction is nullified.
If the court did not desire to nullify the transaction, but instead have the unfair gain returned, they may. For the legal power of an ordinary person should not be greater than that of a court.
Halacha 11
It appears to me that if a court sold landed property or servants belonging to orphans at an unfair price, selling entities worth 100 zuz for 200, the purchaser cannot retract. For the legal power of an ordinary individual should not be greater than that of orphans. Similarly, if a guardian of orphans sells landed property or servants at an unfair profit, the purchaser cannot retract because of the unfair profit, as is the law with regard to an ordinary individual.
Halacha 12
When brothers or partners divide movable property, they are considered like purchasers. If there is unfair gain less than one sixth of the article's value, the transaction is completed, and there is no need to return anything. If the unfair gain exceeds one sixth, the transaction is nullified. If it is an even sixth, the transaction is completed and the unfair gain must be returned.
If the involved parties made an agreement to divide the property according to the evaluation of judges, and the judges erred with regard to a sixth or more, the division is nullified. For when judges who make an evaluation reduce or increase the value of an article by a sixth, the transaction is nullified.
Halacha 13
Livestock, pearls, a sword, and a Torah scroll are considered like other movable property, and the laws of ona'ah apply to transactions involving them. There are no entities in which the laws of ona'ah do not apply, except the four entities mentioned by our Sages. And even with regard to these entities, this is true provided the person is buying or selling his own property, as we have explained.
Halacha 14
Just as the laws of ona'ah do not apply to the purchase of landed property, so too, these laws do not apply to the rental of landed property. Even if one rents a large hall for only one dinar a year, or a small coop for a dinar a day, the laws of ona'ah do not apply.
Halacha 15
When a person hires a worker to work for him - whether with regard to movable property or with regard to landed property - the laws of ona'ah do not apply. It is as if he is purchasing him for that time, and the laws of ona'ah do not apply with regard to servants.
Halacha 16
There is an unresolved doubt in the following situation. A person hires a contractorto sow a field, the contractor claims to have sowed it in a proper manner, and witnesses testify that the contractor sowed fewer seeds than are supposed to be sown. We are unsure whether the laws of ona'ah apply because of the seeds, or whether these laws do not apply because of the land."
Therefore, the funds should not be expropriated from the defendant, nor is he required to take anything but a Rabbinic oath, because of the connection the dispute has to landed property.
Halacha 17
The laws of ona'ah apply with regard to the rental of a utensil or an animal. For rental is considered to be a sale for a day. Thus, if there is an unfair gain of one sixth or more - regardless of whether this unfair gain is taken at the advantage of the owner or the person who rents the article - the unfair gain must be returned. This applies even when a lengthy period of time has passed since the transaction.
Halacha 18
It appears to me that the laws of ona'ah apply with regard to a contractor.
What is implied? A person agreed to weave a particular garment for ten zuzim, or to sew a particular cloak for two zuzim. If there is unfair profit involved, the laws of ona'ah apply. Either the contractor or the owner of the garment may always retract as a seller may.
Mechirah - Chapter Fourteen
Halacha 1
We have already explained that if a person buys and sells in a faithful manner, saying "This is the extent of profit that I am making," the laws of ona'ah do not apply. Even if he says: "I purchased the article for a sela, and I am selling it for ten," this is permitted.
Nevertheless, the court is obligated to regulate prices and appoint officers of the law, so that people at large will not be able to reap whatever profit they desire. Instead, the court should regulate that a person should earn only a profit of a sixth. A seller should not profit more than a sixth of his investment.
Halacha 2
When does the above apply? With regard to articles on which our lives depend - e.g., wine, oil and fine flour. With regard to herbs - e.g., costus, frankincense, and the like - by contrast, a set limit is not established by the court. The seller may take any measure of profit he desires.
Halacha 3
Profit may not be taken twice when selling eggs. The first merchant who sells them may take a profit, and the person who buys them from him must sell them at cost.
Halacha 4
It is forbidden to do business in Eretz Yisrael with articles on which our lives depend. Instead, one person should bring from his produce heap, and another person should bring from his produce heap, so that they sell cheaply. In places where oil is abundant, it is permitted to do business with oil.
Halacha 5
Produce on which our lives depend should not be stored for the future in Eretz Yisrael or in any place that is predominantly inhabited by Jews, for this causes anxiety for the Jewish people.
When does the above apply? When a person purchases such produce in the market place. When a person stores his own produce, he may store the kav that he possesses.
Halacha 6
It is permitted to store produce during three years: the year before the Sabbatical year, the Sabbatical year and the year following the Sabbatical year.
In a year of drought, one should not store even a small measure of carobs, because one brings a curse on the market prices. Whoever causes prices to rise or who stores produce in Eretz Yisrael or in a place primarily inhabited by Jews is likened to one who lends money at interest.
Halacha 7
When does the above apply? With regard to produce on which our lives depend. It is, however, permitted to store spices like cumin and pepper in Eretz Yisrael and to transport them from place to place like other herbs.
Halacha 8
We may not take produce on which our lives depend - e.g., wine, oil and fine flour - from Eretz Yisrael to the diaspora or to Syria. Nor may such produce be taken from the domain of one king to the domain of another king in Eretz Yisrael.
Halacha 9
The inhabitants of a city are permitted to establish fixed prices for any commodities they desire, even meat and bread. They may establish conditions stating that anyone who violates these guidelines will be punished in such and such a fashion.
Halacha 10
Similarly, craftsmen in a specific profession may establish provisions and agree that one should not work on the day on which another is working or the like, and that anyone who violates these guidelines will be punished in such and such a fashion.
Halacha 11
When does the above apply? In a city where there is not a distinguished sage to correct the conduct within the city and improve the ways of its inhabitants. If, however, there is such a distinguished sage, a condition established by craftsmen is not effective without the ruling of the sage.
They may not punish or inflict loss on anyone who does not accept their stipulation, unless that stipulation was made with the consent of the sage. Whoever causes a colleague a loss because of a stipulation that was not made with the consent of the sage is liable to pay.
Halacha 12
Just as the prohibition against ona'ah applies with regard to business transactions, it applies with regard to speech, as Leviticus 25:17 states: "A person should not abuse his colleague, and you shall fear your God. I am the Lord"; this refers to verbal abuse.
Halacha 13
What is implied? If a person is one who has repented, one should not say: "Remember your initial deeds." If a person is a descendant of converts, one should not tell him: "Remember your ancestors' deeds."
If a convert comes to study the Torah, one should not tell him: "Should a mouth that ate meat from animals that were not ritually slaughtered and that were trefah come and study the Torah that was given by the Almighty?"
If a person was afflicted by illness and suffering or he is forced to bury his children, one should not speak to him in the manner that Job's friends addressed him Job 4:6-7: "Your fear of God was for your own security.... Can you recall anyone who was innocent who perished?"
Halacha 14
If donkey drivers are seeking grain, one should not tell them: "Go to so and so," if one knows that this person has never sold grain.
If a question regarding a point of knowledge was raised, one should not ask a person who has never studied that field of knowledge: "How would you answer this question?" or "What do you think about this matter?" The same applies to other matters of this like.
Halacha 15
Whoever abuses a convert, whether in financial transactions or verbally, transgresses three prohibitions, as Exodus 22:20 states: "Do not abuse a convert..." this refers to verbal abuse- "and do not oppress him" - this refers to taking unfair financial advantage of him.
This teaches that anyone who verbally abuses a convert transgresses three negative prohibitions: "A person should not abuse his colleague," and "One man should not take unfair advantage of his brother," "Do not abuse a convert."
Halacha 16
Similarly, if a person oppresses a convert and takes unfair financial advantage of him, he transgresses three negative prohibitions: "A person should not abuse his colleague," "One man should not take unfair advantage of his brother," and "Do not oppress him."
Halacha 17
Why does a person transgress the prohibition against verbal abuse when he takes unfair financial advantage of a convert, and the prohibition against taking unfair financial advantage if he verbally abuses him? Because the Torah uses the word ona'ah with regard to both these prohibitions, without being more specific, and repeats these two prohibitions with regard to a convert explicitly: "Do not abuse" and "do not oppress him."
Halacha 18
Verbally abusing a person is more severe than taking unfair advantage of him financially. For the latter can be repaid, while the former can never be repaid. The latter involves only the person's possessions, while the former involves his person.
And with regard to verbal abuse, Leviticus 25:17 states: "And you shall fear your God," for the matter is one of feelings. With regard to all matters of feeling, the Torah states: "And you shall fear your God."
Whenever a person cries out because of verbal abuse, he is answered immediately, as implied by the conclusion of the above verse: "...I am God."
Mechirah - Chapter Fifteen
Halacha 1
When a person sells an item to a colleague by measure, by weight or by number, and errs to the slightest degree, the colleague may seek redress at any time.
The principles of ona'ah apply only with regard to an object's value. An error in calculation, by contrast, is always reason to seek redress.
Halacha 2
What is implied? A person sold a colleague 100 nuts for a dinar, and then it was discovered that he gave him 101 or 99. The transaction is binding, and the extra or missing nut must be returned. This applies even if several years have passed.
Similarly, if it is discovered that more or less money was given than the amount originally agreed upon the error should be corrected. This applies even if he performed a kinyan attesting to the fact that his colleague does not owe him anything. For the kinyan was performed under mistaken premises. Similar principles apply in all analogous situations.
Halacha 3
Similarly, when a person sells a colleague landed property, a servant, an animal or movable property, and there is a defect in the property that the purchaser was not aware of, he may return it, even though several years have passed. For the transaction was concluded under erroneous premises.
The above applies provided he did not use the purchased article after he discovered the blemish. If, however, he made use of it after he discovered the blemish, he is considered to have forfeited his right to retract, and he may not return the article.
Halacha 4
We do not evaluate the diminution in value caused by the blemish. Instead, even if one sold a colleague a utensil worth ten dinarim, and a blemish was discovered that reduced its value by an isar the purchaser may return the utensil. The seller may not tell him: "Here is an isar, the decrease in value caused by the blemish." For the purchaser may say: "I desire a perfect article." Conversely, if the purchaser desires that the transaction stand, but seeks to be reimbursed for the diminution in value caused by the blemish, the option is given to the seller. He may tell him: "Either purchase the utensil as is for the full price, or take your money and depart.
Halacha 5
Whenever there is a blemish that the people of a city agree is serious enough to warrant the nullification of a transaction, the article should be returned. Whenever the people agree that a fault is not considered to be a blemish, the article should not be returned unless the purchaser explicitly stated that he refused to accept even the slightest blemish. The rationale is that whenever a person conducts business without making any specific demands, it is assumed that he is following the prevailing customs of the community.
Halacha 6
Whenever a person purchases an article without making any specific statements, it is assumed that he desired to purchase an article that is perfect, without any blemish.
Even if the seller explicitly said: "This article is sold to you on the condition that you do not return it as blemished," the purchaser may nevertheless return the article unless the purchaser says: "I accept any blemish that I will discover in this article although it causes it to be worth such and such less." For when a person waives money that is due him, he must know how much he is waiving and make an explicit statement to that effect, as applies with regard to the laws of ona'ah.
Halacha 7
When a person sells a cow to a colleague and states that it has some blemishes that are obvious and some blemishes that are not obvious, and the cow does not possess any of the blemishes that are obvious, but does possess one of the blemishes that are not obvious, the transaction is considered to have been concluded under erroneous premises. The cow may be returned although the blemish that was discovered was mentioned explicitly. The rationale is that the purchaser will say: "Since I saw that the cow did not possess any of the apparent blemishes that you mentioned, I said to myself: 'In the same manner, it does not have any of the blemishes that are not apparent. Why did the seller mention them? To make me feel good about my purchase.' "
Halacha 8
What is implied? The seller says: "This cow is blind; it is lame; it bites and it crouches suddenly," and it is discovered that the cow only bites or only crouches suddenly, the transaction is considered to have been concluded under erroneous premises.
If the cow possesses all the blemishes the seller mentioned, the transaction is not considered to have been concluded under erroneous premises. Similarly, if the cow is lame but not blind, and it is discovered that it bites, the transaction is not considered to have been concluded under erroneous premises.
Halacha 9
The following rule applies if the seller shows the purchaser a blemish that the cow possesses and tells him: "It has this blemish and also these other blemishes." Although the cow possesses all or several of the non-obvious blemishes that the seller mentioned, the transaction is not considered to have been conducted under false premises.
Halacha 10
Similarly, if a person sells a maidservant to a colleague and says: "She has only one hand; she limps; she is blind; she is a maniac; she is an epileptic," and she does not possess any of the blemishes the seller mentioned, but she is epileptic, the transaction is considered to have been conducted under false premises. The same principles apply in all analogous situations.
Halacha 11
On this basis, I maintain that if a person sells an article to a person for 100 dinarim and tells him: "This article is not worth more than one zuz, and I am selling it to you on the condition that the laws of ona'ah do not apply to me," the laws of ona'ah do apply. For the purchaser will say: "Since I saw the seller say that it was only worth a zuz, I realized that he was only trying to make me feel good about my purchase."The above holds true until the seller explicitly mentions the amount of unfair gain involved in this purchase - or mentions a figure that is close to that, concerning which a person could possibly err. For then we know that the purchaser certainly waived his right to this money.It is fitting to rule according to this logic.
Halacha 12
When a person sells a manservant or a maidservant, the purchaser may not return it because it possesses blemishes that do not prevent the man or woman from working. These blemishes are called simpon. If the simpon was evident, the purchaser saw it at the time of purchase.If it was not always evident - e.g., a mole in its flesh, a scar from a dog-bite or a foul odor coming from the mouth or the nose - he may not return it, for these blemishes do not prevent the servant from working. And servants are not for the purpose of physical intimacy, but to perform work.
Halacha 13
If the servant has extremely uncomfortable boils or a sickness that weakens his strength, or if he is epileptic or insane, it is considered to be a blemish, because this prevents him from working. Similarly, if he has tzara'afi or other conditions that are revolting, it is considered to be a blemish, because a person is repelled by them, and therefore he will not use this servant to serve food or drink.
Similarly, if he is discovered to be an armed robber, this is considered to be a blemish that destroys his entire worth. For the ruling authorities will seize him and execute him.
Similarly, if he has been conscripted by the ruling authorities, this is considered to be a blemish for which the servant can be returned, for the king will seize him to work for him whenever he desires. If, however, the servant is discovered to be a thief, a pilferer, a kidnapper, one who constantly tries to escape, a glutton or the like, the purchaser may not return him unless he explicitly stated that he refused to accept a servant with any of these qualities. For all servants can be assumed to possess these undesirable attributes.
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Hayom Yom:
Friday, 9 Tishrei 5775 • 3 October 2014

"Today's Day"
Friday, Tishrei 9, Erev Yom Kippur, 5704
Torah lessons: Chumash: B'racha, Shishi with Rashi.
Tehillim: 49-54. Also 112-114.
Tanya: According to that (p. 509) ...as explained elsewhere. (p. 511).
Kaparot: B'nei adam until ul'shalom (p. 296) is said three times, rotating (the fowl) three times around the head at each reading, a total of nine rotations.
Until the end of Tishrei no tachanun is said. Malkot: The one administering and the one receiving the "flogging" together recite v'hu rachum three times.
On Erev Yom Kippur the avoda is remorse for the past; on Yom Kippur - resolve for the future.
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Daily Thought:

Return with Love
Don’t waste a good sin.
“All that G‑d does is good, even the wicked person on the day of his wickedness.” (Proverbs 16:4)
Why did a G‑d who hates evil create a world where evil can take charge of a human being? Only so that this human being would be driven yet higher than could ever be reached without sin.
Return from fear, and the sin has not accomplished its goal. It is a wasted sin.
Return from love, and the night has found its day. It has driven you higher.(Likutei Sichot vol. 17, pg. 190.)
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