Chabad - Today in Judaism - TODAY IS: Wednesday, 7 Tishrei 5775 • 1 October 2014

Chabad - Today in Judaism - TODAY IS: Wednesday, 7 Tishrei 5775 • 1 October 2014
Today's Laws & Customs:

• 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 106 Chapter 107 Chapter 108
Links: About the Ten Days of teshuvah; Voicemail; more on teshuvah
Today in Jewish History:

DAILY QUOTE:

It's better to eat in order to pray than to pray in order to eat.(Rabbi Menachem Mendel of Lubavitch (1789-1866))
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Vezot Hab'rachah, 4th Portion Deuteronomy 33:18-33:21 with Rashi
• Chapter 33
18. And to Zebulun he said: "Rejoice, Zebulun, in your departure, and Issachar, in your tents. יח. וְלִזְבוּלֻן אָמַר שְׂמַח זְבוּלֻן בְּצֵאתֶךָ וְיִשָּׂשכָר בְּאֹהָלֶיךָ:
And to Zebulun he said: These five tribes whom [Moses] blessed last, namely, Zebulun, Gad, Dan, Naftali and Asher, have their names repeated [e.g., “And of Zebulun he said: Rejoice, Zebulun…”], in order to instill them with strength and power, for they were the weakest of all the tribes. And indeed [for this reason,] they were the ones Joseph introduced to Pharaoh, as it is said, “And from among his brothers, he took five men” (Gen. 47:2). [Joseph took these brothers and not the others,] because they looked weak, so that Pharaoh should not appoint them as his war officers. — [B.K. 92a]
ולזבולן אמר: אלו חמשה שבטים שבירך באחרונה זבולן גד דן נפתלי ואשר כפל שמותיהם לחזקם ולהגבירם, לפי שהיו חלשים שבכל השבטים, הם הם שהוליך יוסף לפני פרעה, שנאמר (בראשית מז, ב) ומקצה אחיו לקח חמשה אנשים, לפי שנראים חלשים ולא ישים אותם לו שרי מלחמתו:
Rejoice, Zebulun, in your departure, and Issachar, in your tents: Zebulun and Issachar entered into a partnership [with the following agreement]: Zebulun would dwell at the seashore and go out in ships, to trade and make profit. He would thereby provide food for Issachar, and they would sit and occupy themselves with the study of Torah. Consequently, Moses mentioned Zebulun before Issachar [even though the latter was the elder of the two], because Issachar’s Torah came through [the provisions of] Zebulun. — [Gen. Rabbah 99:9]
שמח זבולן בצאתך ויששכר באהליך: זבולן ויששכר עשו שותפות, זבולן לחוף ימים ישכון ויוצא לפרקמטיא בספינות ומשתכר, ונותן לתוך פיו של יששכר והם יושבים ועוסקים בתורה, לפיכך הקדים זבולן ליששכר שתורתו של יששכר על ידי זבולן היתה:
Rejoice, Zebulun, in your departure: Prosper when you go out to trade.
שמח זבולן בצאתך: הצלח בצאתך לסחורה:
and Issachar: Prosper when you sit in your tents to study the Torah, to sit [in the Sanhedrin] and to [calculate and] proclaim leap years, and to fix the months, as it is said, “And from the sons of Issachar, those who had an understanding of the times” (I Chron. 12:32) [and then the verse continues,] “their chiefs were two hundred”-the chiefs of the Sanhedrin occupied themselves with this, and in accordance with them, the seasons and leap years were fixed [for all Israel].
ויששכר: הצלח בישיבת אהליך לתורה לישב ולעבר שנים ולקבוע חדשים, כמו שנאמר (דה"א יב, לג) ומבני יששכר יודעי בינה לעתים ראשיהם מאתים ראשי סנהדראות היו עוסקים בכך. ועל פי קביעות עתיהם ועבוריהם:
19. They will call peoples to the mountain; there, they will offer up righteous sacrifices. For they will be nourished by the abundance of the seas, and by the treasures hidden in the sand." יט. עַמִּים הַר יִקְרָאוּ שָׁם יִזְבְּחוּ זִבְחֵי צֶדֶק כִּי שֶׁפַע יַמִּים יִינָקוּ וּשְׂפֻנֵי טְמוּנֵי חוֹל:
Peoples: of the tribes of Israel.
עמים: של שבטי ישראל:
They will call [peoples] to the Mountain: I.e., [people from the tribes of Israel] will assemble at Mount Moriah [on the Pilgrimage Festivals]. Every assembly took place through a “calling” [i.e., a summoning of the people. This is why the verse speaks of the assembly of the people in terms of “They will call”]. And there [at Mount Moriah, in the Holy Temple], the people will offer up righteous sacrifices on the Pilgrimage Festivals.
הר יקראו: להר המוריה יאספו כל אסיפה על ידי קריאה היא ושם יזבחו ברגלים זבחי צדק:
for they will be nourished by the abundance of the seas: i.e., Issachar and Zebulun [will be nourished], and thereby, they will have spare time to study the Torah.
כי שפע ימים יינקו: יששכר וזבולן ויהא להם פנאי לעסוק בתורה:
and by the treasures hidden in the sand: Things covered up and hidden by the sand-the tarit [or “torino,” a kind of fish], the snail [from which a sky-blue dye was obtained], and “white glass,” all of which come from the sea or the sand. These were found in the territory of Issachar and Zebulun, as is taught in Tractate Megillah (6a): [Scripture says, “Zebulun is a people who jeopardized his life to die” (Jud. 5:18). [And why?] Because [as that verse continues], “Naftali is on the high places of the field,” i.e., Zebulun complained [to God] about his territory, saying,“To my brothers, You have given fields and vineyards [… while to me, You have given seas and rivers]!” [In reply, God told Zebulun that the other brothers will seek him out because of the hidden treasures contained within the seas and the sands.]
ושפני טמוני חול: כסויי טמוני חול טרית וחלזון וזכוכית לבנה היוצאים מן הים ומן החול ובחלקו של יששכר וזבולן היה, כמו שאמרו במסכת מגילה (ו א) זבולן עם חרף נפשו למות (שופטים ה יח) משום דנפתלי על מרומי שדה, שהיה מתרעם זבולן על חלקו לאחי נתת שדות וכרמים וכו':
the treasures: Heb. וּשְׂפֻנֵי An expression meaning a covering, as it is said,“And he covered (וַיִּסְפֹּן) the house” (I Kings 6:9); and, וְסָפֻן בָאֶרֶז, which the Targum renders as: “And it was covered with a covering of cedar” (I Kings 7:3). Another explanation: they will call people to the mountain: Through Zebulun’s commerce, merchants of the world’s nations will come to his land. Now Zebulun is located at the border, so these merchants will say, “Since we have taken so much trouble to reach here, let us go to Jerusalem and see what the God of this nation is like and what they do.” And they see all Israel worshipping one God and eating one kind of food [i.e., only what is permissible to them, and they will be astonished], because [among] the nations, the deity of one is not like the deity of another, and the food of one is not like the food of another. So they will say, “There is no nation as worthy as this one!” Consequently, they will convert to Judaism there, as our verse says,“there, they will offer up righteous sacrifices” [and all of this will be due to Zebulun’s commerce]. — [Sifrei 33:19]
ושפני: לשון כסוי, כמו שנאמר (מ"א ו, ט) ויספון את הבית, (שם ז, ג) וספון בארז, ותרגומו ומטלל בכיורי ארזא. דבר אחר עמים הר יקראו על ידי פרקמטיא של זבולן, תגרי אומות העולם באים אל ארצו, והוא עומד על הספר והם אומרים הואיל ונצטערנו עד כאן נלך עד ירושלים ונראה מה יראתה של אומה זו ומה מעשיה, והם רואים כל ישראל עובדים לאלוה אחד ואוכלים מאכל אחד לפי שהגוים אלוהו של זה לא כאלוהו של זה, ומאכלו של זה לא כמאכלו של זה, והם אומרים אין אומה כשרה כזו ומתגיירין שם, שנאמר שם יזבחו זבחי צדק:
for they will be nourished by the abundance of the seas: Zebulun and Issachar [will be nourished], that is to say, the sea will lavish them with wealth.
כי שפע ימים יינקו: זבולן ויששכר הים נותן להם ממון בשפע:
20. And of Gad he said: "Blessed is He Who grants expanse to Gad; he dwells like a lion, tearing the arm [of his prey, together] with the head. כ. וּלְגָד אָמַר בָּרוּךְ מַרְחִיב גָּד כְּלָבִיא שָׁכֵן וְטָרַף זְרוֹעַ אַף קָדְקֹד:
Blessed is He Who grants expanse to Gad: This teaches us that Gad’s territory extended far eastward. — [Sifrei 33:20]
ברוך מרחיב גד: מלמד שהיה תחומו של גד מרחיב ועולה כלפי מזרח:
He dwells like a lion: Because Gad was near the border, he is therefore compared to lions, for all those who are located near the border must be mighty [like lions, in order to protect themselves from attack]. — [Sifrei 33:20]
כלביא שכן: לפי שהיה סמוך לספר לפיכך נמשל כאריות שכל הסמוכים לספר צריכים להיות גבורים:
tearing the arm [of his prey, together] with the head: Anyone slain by the Gadites could be readily identified: they used to cut off the head together with the arm in one blow. — [Jonathan Ben Uziel]
וטרף זרוע אף קדקד: הרוגיהן היו נכרין, חותכים הראש עם הזרוע במכה אחת:
21. He saw the first portion for himself, because there, the portion of the lawgiver is hidden. And he came at the head of the people; he did what is righteous for the Lord, and what is lawful with Israel." כא. וַיַּרְא רֵאשִׁית לוֹ כִּי שָׁם חֶלְקַת מְחֹקֵק סָפוּן וַיֵּתֵא רָאשֵׁי עָם צִדְקַת יְהֹוָה עָשָׂה וּמִשְׁפָּטָיו עִם יִשְׂרָאֵל:
He saw the first portion for himself: He saw fit to take for himself territory in the land of Sihon and Og, whose land was the beginning (רֵאשִׁית) of the conquest of the Land.
וירא ראשית לו: ראה ליטול לו חלק בארץ סיחון ועוג, שהיא ראשית כבוש הארץ:
because there, the portion of the lawgiver is hidden: For Gad knew [through Divine transmission,] that within his territory would be contained a portion of the field designated for the burial of“the lawgiver,” namely Moses. — [Sotah 13b]
כי שם חלקת מחקק: כי ידע אשר שם בנחלתו חלקת שדה קבורת מחוקק והוא משה:
of the lawgiver: That portion [of the field, where Moses was buried,] was hidden (סָפוּן) and concealed from every creature, as it is said, “And no man knows his burial place” (Deut. 34:6).
ספון: אותה חלקה ספונה וטמונה מכל בריה, שנאמר (לקמן לד, ו) ולא ידע איש את קבורתו:
And he came: i.e., Gad came.
ויתא: גד:
at the head of the people: The Gadites marched before the armed forces in the conquest of the Land, because the Gadites were powerful, and so it is said [of them], “Pass over, armed, before your brothers” (Deut. 3:18).
ראשי עם: הם היו הולכים לפני החלוץ בכבוש הארץ לפי שהיו גבורים, וכן הוא אומר (דברים ג, יח) ואתם תעברו חלוצים לפני אחיכם וגו':
He did what is righteous for the Lord: Because the Gadites substantiated their words, keeping their promise to cross the Jordan [and remain there to help their brothers] until Israel had conquered and divided [the Land among the tribes]. Another explanation: And he came-And Moses came. [Similarly, the remaining clauses:] “At the head of the people,” and “He did what is righteous for the Lord,” also refer to Moses. — [Sifrei 33:21]
צדקת ה' עשה: שהאמינו דבריהם ושמרו הבטחתם לעבור את הירדן עד שכבשו וחלקו. דבר אחר ויתא משה ראשי עם. צדקת ה' עשה. על משה אמור:
___________________________
Daily Tehillim: Psalms Chapters 39-43
• 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 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
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 106, 107 and 108.
Chapter 106
The psalmist continues the theme of the previous psalm, praising God for performing other miracles not mentioned previously, for "who can recount the mighty acts of God?" Were we to try, we could not mention them all!
1. Praise the Lord! Praise the Lord for He is good, for His kindness is everlasting.
2. Who can recount the mighty acts of the Lord, or proclaim all His praises?
3. Fortunate are those who preserve justice, who perform deeds of righteousness all the time.
4. Remember me, Lord, when You find favor with Your people; be mindful of me with Your deliverance;
5. to behold the prosperity of Your chosen, to rejoice in the joy of Your nation, to glory with Your inheritance.
6. We have sinned as did our fathers, we have acted perversely and wickedly.
7. Our fathers in Egypt did not contemplate Your wonders, they did not remember Your abundant kindnesses, and they rebelled by the sea, at the Sea of Reeds.
8. Yet He delivered them for the sake of His Name, to make His strength known.
9. He roared at the Sea of Reeds and it dried up; He led them through the depths, as through a desert.
10. He saved them from the hand of the enemy, and redeemed them from the hand of the foe.
11. The waters engulfed their adversaries; not one of them remained.
12. Then they believed in His words, they sang His praise.
13. They quickly forgot His deeds, they did not wait for His counsel;
14. and they lusted a craving in the desert, they tested God in the wilderness.
15. And He gave them their request, but sent emaciation into their souls.
16. They angered Moses in the camp, and Aaron, the Lord's holy one.
17. The earth opened and swallowed Dathan, and engulfed the company of Abiram;
18. and a fire burned in their assembly, a flame set the wicked ablaze.
19. They made a calf in Horeb, and bowed down to a molten image.
20. They exchanged their Glory for the likeness of a grass-eating ox.
21. They forgot God, their savior, Who had performed great deeds in Egypt,
22. wonders in the land of Ham, awesome things at the Sea of Reeds.
23. He said that He would destroy them-had not Moses His chosen one stood in the breach before Him, to turn away His wrath from destroying.
24. They despised the desirable land, they did not believe His word.
25. And they murmured in their tents, they did not heed the voice of the Lord.
26. So He raised His hand [in oath] against them, to cast them down in the wilderness,
27. to throw down their progeny among the nations, and to scatter them among the lands.
28. They joined themselves to [the idol] Baal Peor, and ate of the sacrifices to the dead;
29. they provoked Him with their doings, and a plague broke out in their midst.
30. Then Phineas arose and executed judgement, and the plague was stayed;
31. it was accounted for him as a righteous deed, through all generations, forever.
32. They angered Him at the waters of Merivah, and Moses suffered on their account;
33. for they defied His spirit, and He pronounced [an oath] with His lips.
34. They did not destroy the nations as the Lord had instructed them;
35. rather, they mingled with the nations and learned their deeds.
36. They worshipped their idols, and they became a snare for them.
37. They sacrificed their sons and daughters to demons.
38. They spilled innocent blood, the blood of their sons and daughters whom they sacrificed to the idols of Canaan; and the land became guilty with blood.
39. They were defiled by their deeds, and went astray by their actions.
40. And the Lord's wrath blazed against His people, and He abhorred His inheritance;
41. so He delivered them into the hands of nations, and their enemies ruled them.
42. Their enemies oppressed them, and they were subdued under their hand.
43. Many times did He save them, yet they were rebellious in their counsel and were impoverished by their sins.
44. But He saw their distress, when He heard their prayer;
45. and He remembered for them His covenant and He relented, in keeping with His abounding kindness,
46. and He caused them to be treated mercifully by all their captors.
47. Deliver us, Lord our God; gather us from among the nations, that we may give thanks to Your Holy Name and glory in Your praise.
48. Blessed is the Lord, the God of Israel, forever and ever. And let all the people say, "Amen! Praise the Lord!"
Chapter 107
This psalm speaks of those who are saved from four specific perilous situations(imprisonment, sickness, desert travel, and sea travel) and must thank God, for their sins caused their troubles, and only by the kindness of God were they saved. It is therefore appropriate that they praise God and tell of their salvation to all.
1. Give thanks to the Lord for He is good, for His kindness is everlasting.
2. So shall say those redeemed by the Lord, those whom He redeemed from the hand of the oppressor.
3. He gathered them from the lands-from east and from west, from north and from the sea.
4. They lost their way in the wilderness, in the wasteland; they found no inhabited city.
5. Both hungry and thirsty, their soul languished within them.
6. They cried out to the Lord in their distress; He delivered them from their afflictions.
7. He guided them in the right path to reach an inhabited city.
8. Let them give thanks to the Lord, and [proclaim] His wonders to the children of man,
9. for He has satiated a thirsting soul, and filled a hungry soul with goodness.
10. Those who sit in darkness and the shadow of death, bound in misery and chains of iron,
11. for they defied the words of God and spurned the counsel of the Most High-
12. He humbled their heart through suffering; they stumbled and there was none to help.
13. They cried out to the Lord in their distress; He saved them from their afflictions.
14. He brought them out of darkness and the shadow of death, and sundered their bonds.
15. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man,
16. for He broke the brass gates and smashed the iron bars.
17. Foolish sinners are afflicted because of their sinful ways and their wrongdoings.
18. Their soul loathes all food, and they reach the gates of death.
19. They cried out to the Lord in their distress; He saved them from their afflictions.
20. He sent forth His command and healed them; He delivered them from their graves.
21. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
22. Let them offer sacrifices of thanksgiving, and joyfully recount His deeds.
23. Those who go down to the sea in ships, who perform tasks in mighty waters;
24. they saw the works of the Lord and His wonders in the deep.
25. He spoke and caused the stormy wind to rise, and it lifted up the waves.
26. They rise to the sky, plunge to the depths; their soul melts in distress.
27. They reel and stagger like a drunkard, all their skill is to no avail.
28. They cried out to the Lord in their distress, and He brought them out from their calamity.
29. He transformed the storm into stillness, and the waves were quieted.
30. They rejoiced when they were silenced, and He led them to their destination.
31. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
32. Let them exalt Him in the congregation of the people, and praise Him in the assembly of the elders.
33. He turns rivers into desert, springs of water into parched land,
34. a fruitful land into a salt-marsh, because of the wickedness of those who inhabit it.
35. He turns a desert into a lake, and parched land into springs of water.
36. He settles the hungry there, and they establish a city of habitation.
37. They sow fields and plant vineyards which yield fruit and wheat.
38. He blesses them and they multiply greatly, and He does not decrease their cattle.
39. [If they sin,] they are diminished and cast down through oppression, misery, and sorrow.
40. He pours contempt upon distinguished men, and causes them to stray in a pathless wilderness.
41. He raises the needy from distress, and makes their families [as numerous] as flocks.
42. The upright observe this and rejoice, and all the wicked close their mouth.
43. Let him who is wise bear these in mind, and then the benevolent acts of the Lord will be understood.
Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken the dawn.
4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city? Who led me unto Edom?
12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary; futile is the help of man.
14. Through God we will do valiantly, and He will trample our oppressors.
____________________________
Tanya: Iggeret HaKodesh, middle of Epistle 20
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, 7 Tishrei 5775 • 1 October 2014
Iggeret HaKodesh, middle of Epistle 20
אך נשמות המלאכים, שיצאו מזיווג הנשיקין
By contrast, the souls of the angels that emerged by the zivug neshikin (lit., “the union of kissing”), i.e., by the more ethereal manner of union of the Sefirot, whence spiritual entities emanate such as the souls of angels,
וכן נשמות האדם, שיצאו מזיווג דזו״נ דאצילות
and also the souls of man that emerged by the union of zu’n1 of Atzilut — the union of Z’eir Anpin and Malchut of Atzilut,
This form of union is termed zivug gufani (lit., “a ‘physical’ union”), relative to zivug neshikin. From this form of union there derives the birth of souls that become enclothed in actual physical bodies. In the state in which they exist in Atzilut, however, these souls, —
קודם שירדו לבריאה, יצירה, עשיה
before their descent to Beriah, Yetzirah and Asiyah,
אינן בכלל יש ודבר נפרד בפני עצמו
are not counted as created substantiality (yesh) and as [instances of] a distinct and independent entity.
אלא הן מעין בחינת אלקות, בצמצום עצום
Rather, they resemble the category of G‑dliness in intense contraction, to the point of being on the level of a Neshamah.
וכעין הכלים דיו״ד ספירות דאצילות, שהן בבחינת גבול
They are like the kelim of the Ten Sefirot of Atzilut which (though they are Divinity) are by nature finite,
על ידי צמצום אור האין סוף, הוא הקו המלובש בנפש רוח ונשמה שלהם
on account of the contraction of the [infinite] Ein Sof-light, viz., the Kav that is vested in their Nefesh-Ruach-Neshamah,
The restricted diffusion of the Kav that descends into the kelim lacks the infinite degree of Ein Sof illumination that constitutes the essence of the Kav. It is this contraction that makes it possible for the kelim of the Sefirot to exist in a mode of limitation, even though their union with the orot and their nullification to the orot lends them the characteristics of Divinity, as mentioned above. And in a similar state are the souls of Atzilut as still found within Atzilut.
However, with regard to the contraction of the Kav that is vested within them, the Alter Rebbe goes on to state that this is not merely a tzimtzum, a contraction involving a diminishment of the G‑dly illumination. Rather, —
וכמו צמצום הראשון, להיות חלל וכו׳
just like the original tzimtzum that occurred in the [infinite] Ein Sof-light, a tzimtzum of such intensity that it was able to bring about a void — a “space” — for the existence of worlds, and so on.
This original tzimtzum, unlike all subsequent tzimtzumim, involved much more than a mere diminishment of the intensity of Divine illumination: it involved the removal of the light. The tzimtzum of the Kav which enables it to be vested within the Nefesh-Ruach-Neshamah of the Sefirot is similar to this original tzimtzum.
What has been said above refers to souls of Atzilut as they still find themselves within Atzilut, before they are vested within bodies. While in that lofty world they share the characteristics of Divinity, and are not detached entities.
The Alter Rebbe now says that even after their descent into this lowly world, the souls of the early tzaddikim did not undergo a change: they did not become sundered from G‑dliness.
(ואף גם לאחר שירדו הנפש רוח ונשמה דאצילות לעולם הזה לצדיקים הראשונים, אפשר שלא נשתנה מהותן, להיות דבר נפרד מאלקות
(2And even after the Nefesh-Ruach-Neshamah of Atzilut descended to this world to the first tzaddikim, it is possible that their essence did not change to become entities distinct from Divinity: they remained on the same level as they had been while still in Atzilut.
ולכן היו מסתלקות כשרצו לחטוא, בטרם יחטאו
That is why they withdrew [from their bodies] (i.e., they died) when they sought to sin, before they sinned.
This follows the teaching in Tikkunei Zohar,3 that a soul of the level of Atzilut departs from the body before the person sins. In this spirit, too, that source interprets the verse,4 “Your sins have separated between yourselves and your G‑d”: Sins cause a cleavage between a soul and its G‑dliness (i.e., the soul’s level of Atzilut which is an aspect of G‑dliness), for sin causes the soul-level that derives from Atzilut to withdraw.
וקרוב לומר שגם האלפים ורבבות עלמין דיתבא בגולגלתא דאריך אנפין וזעיר אנפין
It is reasonable to assume that also5 the thousands and myriads of worlds that are in the Gulgalta of Arich Anpin and Z’eir Anpin (abbreviated in the original Hebrew text as א״א and ז״א, respectively), as stated in the Kabbalah,6
אינן עלמין ממש, כעין ההיכלות דאצילות, ובחינת יש
are not really worlds, like the Heichalot of Atzilut, and a form of yesh,
אלא כעין נשמות המלאכים שיצאו מזיווג הנשיקין
but are like the souls of the angels that emerged from the zivug neshikin, which, as mentioned earlier, are not in the category of yesh as are the Heichalot or bodies of the angels,
ונקראו עלמין לגבי בחינת הגולגלתא ודיקנא
and are called “worlds” relative to the rank of the Gulgalta and Dikna.)
אך אינן אלקות ממש, לברוא יש מאין
They (the angels and souls of Atzilut) are not, however, actual Divinity, and as such able to create substantiality ex nihilo,7
The ability to create ex nihilo is exclusive to the Ein Sof. Since the kelim of the Sefirot of Atzilut are utterly united with the [infinite] Ein Sof-light, they are able to serve as conduits for the creation of yesh from ayin. The angels and souls of Atzilut, however, are not actual Divinity, and are thus unable to serve in this way, —
מאחר שכבר יצאו ונפרדו מהכלים דיו״ד ספירות, שבהן מלובש הקו מאור אין סוף
because they already emerged and became separated from the kelim of the Ten Sefirot of Atzilut within which the Kav of the [infinite] Ein Sof-light is vested.
שהאור הוא כעין המאור, הוא מהותו ועצמותו של המאציל, ברוך הוא
For the light is like its source, the luminary, i.e., the very core and Essence of the blessed Emanator,
שמציאותו הוא מעצמותו, ואינו עלול מאיזה עילה שקדמה לו, חס ושלום
Whose Being is of His Essence — His is an essential form of being; He is not, heaven forfend, brought into being by some other ilah (cause) preceding Himself.
An antecedent state of non-existence could not possibly apply to G‑d’s existence, which is an essential form of existence.
ולכן הוא לבדו, בכחו ויכלתו לברוא יש מאין ואפס המוחלט ממש
It is therefore in His power and ability alone to create something (yesh) out of absolute naught (ayin) and nothingness,
G‑d is able to create substance (yesh) not only from the degree of ayin that merely lacks existence, but from “absolute naught and nothingness” — from an ayin that is the very antithesis of yesh, of substantial existence.
בלי שום עילה וסיבה אחרת קודמת ליש הזה
without this yesh having any other cause and reason preceding it.
The G‑dly life-force, the ayin, that creates the yesh, is the exact opposite of the yesh that it creates. As such, it is not a cause or reason that relates to or serves as a precursor of the yesh that is created by it; as ayin it is the very antithesis of yesh.
This is why creation can only result from the kelim of the Sefirot of Atzilut within which is vested the [infinite] Ein Sof-light, for they are actual Divinity. However, as pointed out above, angels and souls of Atzilut that have already emerged and become separated from the kelim cannot possibly act as conduits for the creation of yesh from ayin, inasmuch as they themselves are not actual Divinity.
The Alter Rebbe now anticipates the following question: Since only the Ein Sof can create yesh from ayin, what need is there for the kelim of the Sefirot?
He goes on to answer that the kelim “enable” the Ein Sof to create a finite yesh: since the Ein Sof is infinite, the beings that result from it would also be limitless — if not for the kelim of the Ten Sefirot of Atzilut.
וכדי שיהיה היש הזה, הנברא בכח האין סוף, בעל גבול ומדה, נתלבש אור אין סוף בכלים דיו״ד ספירות דאצילות
In order that this yesh, created by the [infinite] power of the Ein Sof, should have a limit and measure, the [infinite] Ein Sof-light was vested in the kelim of the Ten Sefirot of Atzilut — for the kelim are limited, inasmuch as they divide into the distinct categories of Chochmah, Chesed, and the like,
ומתייחד בתוכן בתכלית היחוד, עד דאיהו וגרמוהי חד
and it becomes united within them so absolutely that “He (the Ein Sof-light) and His causations (the kelim of the Sefirot) are One,”
לברוא בהן ועל ידן ברואים בעלי גבול ותכלית
so that [He can] create with and through them creatures that have limitation and finitude.
ובפרט על ידי התלבשותן בבריאה, יצירה, עשיה
This is especially the case through their investment (i.e., the investment of the kelim of Atzilut) in Beriah, Yetzirah and Asiyah, for this adds immeasurably to the finitude and corporeality of the resultant created beings.
***
As we have seen, the objective creation of the yesh takes place through the investment of the [infinite] Ein Sof-light in the kelim of all Ten Sefirot of Atzilut. However, as the Alter Rebbe now goes on to explain, the subjective yeshut of created beings — their self-perception as entities distinct and separate from their Creator — derives principally from the Sefirah of Malchut (in the World of Atzilut). For the very notion of Malchut (“sovereignty”) can apply only to individuals who are separate from the king who rules over them, and who nonetheless nullify their will to his.
This is in keeping with the axiom,8 “There is no king without a nation.” The Hebrew for “people” עם is etymologically related to the word omemut, as in the expression gechalim omemot, signifying embers whose fire has been dimmed. In this spirit, am implies a populace which is far removed from the king’s qualities and from his company. By contrast, the inherent closeness of a father and child makes it impossible for the father to reign over his child. Sovereignty is possible only over strangers, over those who are distant from their king.
It is for this reason that the Sefirah of Malchut creates beings that sense themselves to be separate from G‑dliness, for only over them is it possible for Malchut to reign — so that these distinct and separate created beings should, by dint of their own spiritual service, nullify themselves to G‑d’s will.
FOOTNOTES
1. In the Hebrew text, the letters זו״נ are an abbreviation for ז״א (itself an abbreviation for זעיר אנפין, representing the six “male” middot) and נוקבא (the “female” or recipient element, viz., the Sefirah of Malchut).
2. Parentheses are in the original text.
3. Tikkun 70 (p. 124a).
4. Yeshayahu 49:2.
5. The Rebbe here refers the reader to an explanation of the Tzemach Tzedek in Or HaTorah, Shmot, p. 199, which may be summarized as follows: The “thousands and myriads of worlds” alludes not to actual worlds, but to extremely rarefied spiritual degrees (“letters”) that descend into Asiyah and result in the creation of actual worlds. Hence, the above statement of the Alter Rebbe (“the thousands...yesh”) means that “The created beings that came about from the ‘letters’ are indeed separate entities, while the ‘letters’ themselves are Divinity; they are termed `worlds’ only in relation to Gulgalta; i.e., they are `letters’ that have previously been drawn forth to serve as a source and root for the creation of worlds....”
6. Cf. Zohar III, 128b.
7. Cf. Or HaTorah, loc. cit.
8. Bachaye, Vayeishev 38:30, et al.; Shaar HaYichud VehaEmunah, ch. 7.
____________________________

Rambam:
Daily Mitzvah 250 Sefer Hamitzvot
Today's Mitzvah
Wednesday, 7 Tishrei 5775 • 1 October 2014

A daily digest of Maimonides’ classic work "Sefer Hamitzvot

Negative Commandment 250
Honesty in Commerce
"When you make a sale to your fellow or make a purchase from the hand of your fellow, you shall not defraud one another"—Leviticus 25:14.
It is forbidden for a seller or buyer to cheat one another in the course of commerce [by deceptively overcharging or underpaying for merchandise].
Honesty in Commerce
Negative Commandment 250
Translated by Berel Bell
The 250th prohibition is that we are forbidden from cheating each other in business when buying and selling.
The source of this prohibition is G‑d's statement1 (exalted be He), "When you sell something to your neighbor, or buy something from your neighbor's hand, do not cheat one another."
The Sifra states, "The verse 'Do not cheat one another' refers to cheating someone monetarily."2
The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.3
FOOTNOTES
1.Lev. 25:14.
2.This is known as ona'as mamon, as opposed to ona'as devarim, which is causing someone emotional distress by something you say. See N251.
3.49b ff.
________________________________________

Rambam:

• 1 Chapter a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 7
Sanhedrin veha`Onashin haMesurin lahem - Chapter 7
Halacha 1
The following law applies when one of the litigants says: "Let so and so act as a judge for me," and the other litigant says: "Let so and so act as a judge for me." Together the two judges which were chosen by each of the litigants respectively choose a third judge and the three of them adjudicate the case for the two litigants. In this manner, a true judgment will emerge.
Even if the judge chosen by one of the litigants is a great sage who has received semichah, the one litigant cannot compel the other litigant to have him adjudicate the case. Instead, he also chooses a judge he desires.
Halacha 2
The following rules apply when a litigant accepts his own or an opposing litigant's relative or another person who is unacceptable to serve as a judge or a witness in his case. If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the verdict is rendered and the unacceptable judge ruled in his verdict - or a verdict was rendered on the basis of the testimony of an unacceptable witness - that money should be expropriated, the litigant may not retract.
The above laws also apply if a litigant accepted a person who is disqualified because he committed a transgression as two witnesses to testify concerning him or as a court of three judges to rule concerning his interests. Similarly, it applies regardless of whether he gave his consent at the risk of forfeiting rights and waiving a claim that he is pressing or he gave his consent at the risk of having to pay what the plaintiff demands of him because of the testimony of this unacceptable witness or because of the ruling of this unacceptable judge.
Halacha 3
Similarly, the following rules apply when a person was obligated by a court to take an oath to a colleague and the person to whom the oath must be given state: "Take an oath on your own life, and be freed of liability," or "Take an oath on your own life that your claim is justified and I will give you everything that you claim." If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the case is concluded and he took an oath as stipulated, he cannot retract and is obligated to pay.
Halacha 4
Similar laws apply when a person was obligated to take a sh'vuat hesset and he reversed it and obligated the plaintiff. If he affirmed his consent with a kinyan or the plaintiff took the oath, the defendant cannot retract.
Halacha 5
Similarly, when a person was not obligated to take an oath and yet he said: "I will take an oath in response to your claim," if he affirmed his statement with a kinyan, he cannot retract. If he did not affirm his statement with a kinyan, he has the right to retract until the judgment is concluded and he actually takes the oath, even though he made his commitment in court.
Halacha 6
When a person was obligated by a court, and then brought witnesses or proof to vindicate himself, the judgment is rescinded and the case should be tried again. Although the judgment was already rendered, whenever he brings support for his claim, the judgment is rescinded.
Even if the judges tell him: "Bring all the proofs that you have within 30 days," a litigant may have the judgment rescinded although he brings proof after 30 days. What can he do if he did not discover the proof within 30 days, but found it afterwards?
Halacha 7
If, however, the litigant completed stating his claims, he cannot have the judgment rescinded.
What is implied? The judges asked him: "Do you have witnesses supporting your claim?"
He replied: "I do not have witnesses."
"Do you have proof of your position?"
"I do not have proof," he answered.
In such a situation, if the court judged him and held him liable, the judgment is not rescinded. Although when he sees that he was being held liable, he declared: "So-and-so and so-and-so come forward and testify on my behalf" or he produced written proof from his money-belt, it is not significant. We do not pay any attention to his witnesses or his proof.
Halacha 8
When does the above apply? When the proof was in his possession and the witnesses were together with him in the country. If, however, he said: "I have neither witnesses, nor proof," and afterwards, witnesses came from overseas or a leather satchel belonging to his father where legal documents were held had been entrusted to another person and that person came and supplied him with proof, he may call on these witnesses and/or this proof and have the ruling rescinded.
Why may he have the ruling rescinded? Because he could claim: "The reason I said: 'I don't have any witnesses' and 'I don't have any proof is because they were not available to me." Whenever he could make such a claim and there is substance to his words, he is not considered to have completed stating his claims when he originally stated: "I have no witnesses...." He may bring the witnesses and/or proof and have the judgment rescinded.
Accordingly, if he explicitly states: "I have no witnesses at all, neither here or overseas, nor any written proof, neither in my possession or in the possession of others," he cannot have the judgment rescinded.
Halacha 9
When does the above apply? With regard to an adult who was held liable and then brought written proof or witnesses after completing the statement of his arguments.
Different concepts apply, however, with regard to an heir who was a minor when the person whose estate he inherited died and a suit was lodged against him because of that person after he came of age. Even though he stated: "I have neither witnesses, nor proof," and after he departed from the court after being held liable, others told him: "We know testimony that favors your father that will cause this judgment to be rescinded," or "The person whose estate you inherited entrusted this written proof to me," he may bring the testimony or the proof immediately and have the judgment rescinded. The rationale is that a minor is not aware of all the proofs possessed by the person whose estate he inherited.
Halacha 10
The following rules apply when a person affirmed his consent to the following agreement with a kinyan: If he does not come on this-and-this day and take an oath, his colleague's claim would be accepted and that colleague could take whatever he claims without taking an oath. Alternatively, if he does not come on this-and-this day, take an oath, and collect his due, he forfeits his right to the claim. Nothing is to be granted him and his colleague is released of liability. Should that day pass and he not come, the stipulation is binding and he forfeits his rights.
If, however, he brings proof that he was held back by forces beyond his control on that day, he is not bound by his agreement. He may take an oath against the claim issued by his colleague as before. Similar laws apply in all analogous situations.
____________________________
Rambam:
• 3 Chapters a Day: Mechirah Mechirah - Chapter Seven, Mechirah Mechirah - Chapter Eight, Mechirah Mechirah - Chapter Nine
Mechirah - Chapter Seven
Halacha 1
Whenever a person pays money, but does not perform meshichah on the produce, although the purchaser does not acquire the movable property, as we have explained, the person who retracts - whether the purchaser or the seller - is considered not to have conducted himself in a Jewish manner. He is liable to receive the adjuration referred to as mi shepara. Even if the purchaser only made a deposit, if either of the parties involved retracts, that party is eligible to receive the adjuration referred to as mi shepara.
Halacha 2
What does receiving the adjuration referred to as mi shepara involve? He is cursed in court and told: "May He who exacted retribution from the generation of the flood, the generation who were dispersed, the inhabitants of Sodom and Amorah, and the Egyptians who drowned in the sea, exact retribution from a person who does not keep his word."
After this curse is administered, the seller should return the money.
Halacha 3
The following laws apply when a purchaser pays - either completely or partially - for movable property that he desires to purchase and then retracts and the seller tells him, "Come and collect your money." The money is considered to be an entrusted object. If it is stolen or lost, the seller is not responsible for it.
If, however, the seller retracts, the money is considered to be within his domain, and he is responsible for it even though he tells the purchaser, "Come and collect your money." This applies until he receives the adjuration mi shepara and tells the purchaser afterwards: "Come and collect your money."
Halacha 4
When a person is owed a debt by a colleague and tells him: "Sell me this jug of wine for the debt that you owe me," and the seller agrees, it is considered as if the purchaser paid the money at that time. If either party retracts, he is liable to receive the adjuration mi shepara.
Moreover, if he sold him landed property in exchange for the debt, neither party is allowed to retract. This applies even if the money given as a loan is no longer in the seller's possession at the time of the sale.
Halacha 5
When a person purchases landed property, servants or other movable property from a colleague, a price is agreed upon, and the purchaser leaves collateral in place of the money, the transaction is not completed. Either of the two can retract; he is not even liable to receive the adjuration mi shepara.
Halacha 6
The following rules apply when a verbal agreement alone was concluded with regard to the sale, a price was established, and the purchaser made a mark on the article so that he will have a sign that it is his. Even though the purchaser did not pay any money at all, if either of the parties retracts after the purchaser made the mark, he is liable to receive the adjuration mi shepara.
Moreover, if it is the accepted local business custom that making a mark constitutes a binding act of contract, by making that mark, the purchaser completes the transaction. Neither can retract, and the purchaser is liable to pay the price agreed to.
Halacha 7
It is a clear fact that this law applies only when the mark is made in the presence of the seller, or if the seller says: "Mark your purchase." For this indicates that he has agreed to transfer ownership, as explained with regard to chazakah and meshichah.
Halacha 8
When a person agrees to a transaction with a verbal commitment alone, it is appropriate for him to keep his word even though he did not take any money at all, did not make a mark on the article he desired to purchase, nor leave security. If either the seller or the purchaser retracts, although they are not liable to receive the adjuration mi shepara, they are considered to be faithless, and the spirit of the Sages does not derive satisfaction from them.
Halacha 9
Similarly, if a person promised to give a colleague a gift and failed to do so, he is considered to be faithless.
When does the above apply? With regard to a small gift, because the recipient will depend on the promise that he was given. With regard to a large gift, by contrast, the giver is not considered to be faithless if he retracts, because the recipient does not believe that he will give him these articlesuntil he transfers ownership through a formal kinyan.
Halacha 10
The following rule applies when a person gave money to a colleague to purchase landed property or movable property, and the agent left his colleague's money in his domain and went and purchased the object for himself with his own money. The purchase he performed is concluded; he is, however, considered to be a man of deceit.
Halacha 11
If the agent knows that the seller has affection for him and honors him and would sell the article to him, but not to the person who charged him with purchasing it, the agent is permitted to buy it for himself. He must, however, return and notify the one who sent him. If he is afraid that another person will come and purchase the article before him, he may purchase the article for himself and then notify the one who sent him.
Halacha 12
Several Rabbinic authorities have ruled that if the agent purchased the article for himself using the money entrusted to him by his colleague after considering it to be a loan, he is considered to have purchased the article for himself. We accept his claim: "I considered the money that I was given to be a loan."
I differ and maintain that this ruling is not true. Instead, the purchase belongs to the principal, as will be explained with regard to the laws of an investment partnership.
Halacha 13
The following rules apply when three people give money to one agent to purchase an article for them: If the monies were mixed together, and the agent used only a portion of the money to purchase the article, the article is considered the property of all the purchasers, and they divide ownership of it according to their share of the money. This applies even if the intent of the agent was that the article be purchased by only one of them.
Halacha 14
If the money of one of the partners was bound up and sealed, and that money was used to complete the purchase, the partner whose funds were used alone acquires ownership. This applies even if the agent intended that the article be acquired by all the partnership as a joint enterprise.
Mechirah - Chapter Eight
Halacha 1
The following rules apply when a person sold his field to a colleague for 1000 zuz, the purchaser paid a portion of the funds, and the seller was repeatedly demanding payment of the remainder. Even if there was only one zuz remaining unpaid, the purchaser does not acquire the entire field. This applies even if the seller had a deed of sale composed or the purchaser manifested ownership.
Halacha 2
In the above situation, if the purchaser retracts, the seller is given the upper hand. If he desires, he can tell the purchaser: "Here is your money," or he can tell him: "Acquire a portion of the land equivalent to the money that you paid me." In this instance, he gives the purchaser the land of least value.
If the seller retracts, the purchaser is given the upper hand. If he desires, he can tell the seller: "Give me my money," or he can tell him: "Give me a portion of the land equivalent to the money that I paid." In this instance, he takes the choicest portion of the land.
If the seller was not repeatedly demanding payment of the remainder, the purchaser acquires the entire property. Neither can retract. The remainder of the money unpaid at the time of sale is considered as any other debt.
Halacha 3
If a person sold his field because it was of inferior quality, even when the seller repeatedly demands payment of the remainder of the money, the purchaser acquires the entire property, and he is not entitled to retract. For the reason the seller is pursuing the purchaser and demanding payment is not that he has not agreed to transfer ownership, but to prevent the purchaser from retracting.
Halacha 4
The same law applies with regard to the sale of movable property. Although the purchaser draws produce after him and brings it into his domain, if the seller repeatedly demands payment of the remainder of the money, the purchaser does not acquire the goods. The person who retracts has the lower hand, as has been explained above,unless the seller sold the goods because of their inferior quality. In such an instance, the purchaser acquires all the goods.
Halacha 5
When a person buys a field worth 100 zuz for 200, and the seller repeatedly demands payment of the remainder of the money, the status of the transaction remains an unresolved question: Is the person considered to be one who sold his field because of its inferior quality, and he is demanding payment only because he sold it for more than its worth? Or he is not considered to be one who sold his field because of its inferior quality, and he is demanding payment because he did not decide to complete its sale until he received all the money?
Because the matter is unresolved, neither party is allowed to retract. If the seller seizes possession of a portion of the property that was sold equivalent to the worth of the money left unpaid, it should not be expropriated from his possession.
Halacha 6
When a person acquires something from a colleague and pays him money, but errs in the amount of money he gave him the transaction is valid. If afterwards the seller lodges a claim against the purchaser, saying: "You were supposed to pay me 100 zuz, and you paid me only ninety," the transaction is still viable. The purchaser must, however, pay the additional ten zuz.
The above applies even though several years have passed since the transaction and applies with regard to the sale of both landed property and movable property.
Halacha 7
The following rules apply when a person tells a colleague: "If I sell this field, it will be sold to you retroactively from the present time for 100 zuz" and confirms this with a kinyan. If the seller later sells it to another person for 100 zuz, it is acquired by the first person.
If he sells it for more than that amount, the second person acquires it. The rationale is that by saying: "If I sell," he meant "If I sell it with the same approach that I have now." And this person did not want to sell it; he sold it only because of the additional amount that the other person added on. It is as if he were forced to sell.
Halacha 8
If the seller told the first purchaser: "If I sell this field, it will be sold to you retroactively from the present time for the price to be evaluated by a court of three," the price need be agreed on by only two of the three.
If he said: "As dictated by three," all three must agree. If he said: "As evaluated by a court of four," all four must agree. For the sale to the first purchaser to take effect, the judges must agree on the price, and he must sell it to another person as they agreed. Afterwards, the first purchaser acquires the property.
If three or four people evaluate it and the seller says: "I will not sell it until three or four others evaluate it," we do not heed him. For he confirmed his commitment to sell retroactively with a kinyan.
Mechirah - Chapter Nine
Halacha 1
The following rules apply when a person sells an article to the Temple treasury. If the representative of the treasury asks him: "How much are you selling it for?" and the person says: "Ten zuz" even if it is worth 100, once he said ten he cannot retract. For making a promise to the Most High is considered equivalent to transferring the article in question to the possession of a colleague.
Halacha 2
Whether a representative of the treasury buys or sells an article, he is always given the upper hand if there is a fluctuation in the article's value.
What is implied? If the representative paid with money from the Temple treasury, but did not perform meshichah on the produce, although the value of the produce increases, the Temple treasury nevertheless acquires the produce, as prescribed by Scriptural Law. If the value of the produce decreases, the Temple treasurer may retract, for he did not perform meshichah, and the legal power of an ordinary person should not be greater than that of the Temple treasury.
Similarly, if the Temple treasurer sold an article that had been consecrated, the purchaser performed meshichah, but did not pay for it, and then the value of the article decreases, the transaction is finalized. For the legal power of an ordinary person should not be greater than that of the Temple treasury. If the value of the article increases, the representative of the treasury may retract, for he did not accept payment, and consecrated articles may be acquired only through the payment of money, as implied by the verse: "And he shall give the money and it will be established as his." The representative of the treasury is not liable to receive the adjuration mi shepara. 3. Property belonging to orphans is governed by the same rules as those governing the Temple treasury.
What is implied? When orphans sell produce, and meshichah is performed on the produce, but they have not yet received the money for it, they may retract from the agreement if the value of the produce increases. For like consecrated property, property belonging to orphans can be acquired only through the transfer of money.
If the value of the produce decreases the transaction should be allowed to stand. For the legal power of an ordinary person should not be greater than the legal power of orphans.
Halacha 4
Similarly, if orphans received payment, but meshichah was not performed on their produce before it increased in value, they may retract as may ordinary individuals. If, however, the value of the produce decreased and the purchasers desire to retract, they may do so, but they must receive the adjuration mi shepara, as would be the law with regard to others.
They are allowed to retract because if we required them to keep the produce, as would be required by Scriptural Law, this would be a disservice to the orphans. For if this were the law, when the orphans desire to sell an object, they would never find anyone who would be willing to pay them money unless the object were handed over first.
Halacha 5
Similar principles apply if orphans purchase produce and perform meshichah on the produce, but have not yet paid for it. If the value of the produce increases, the legal power of an ordinary person should not be greater than their legal power. Therefore, the transaction should be allowed to stand."
If the value of the produce decreases, they are not allowed to retract. For this would be a disservice to them. If they were given this privilege, should they desire to purchase produce, they would not find anyone who would sell it to them before they made payment.
Halacha 6
If the orphans paid for produce but did not perform meshichah, and then the value of the produce decreases, they may retract, for the legal power of an ordinary person should not be greater than their legal power. If the value of the produce increases, the sellers may retract if they desire and receive the adjuration mi shepara. For if the law were that the orphans acquire the produce by the payment of money, the seller would tell themthat the produce was destroyed by fire or another factor beyond human control after the produce entered their property, at the time payment was made.
Halacha 7
On four occasions during the year, our Sages restricted their enactments and applied Scriptural Law with regard to the purchase of meat, for on these days, all people need meat. The times are the day before Shemini Atzeret, the day before the first day of Pesach, the day before Shavuot and the day before Rosh HaShanah.
What is implied? If a butcher had a steer that was worth even 100 dinarim, and he took one dinar from the purchaser in exchange for meat that he would slaughter, he cannot retract, even if enough money is not collected to pay for the entire value of the steer. Instead, the butcher is compelled to slaughter against his will. He is forcibly made to slaughter the steer and provide the purchaser with meat.
For this reason, if the steer dies before being ritually slaughtered, the purchaser suffers the loss.
____________________________
Hayom Yom:
Wednesday, 7 Tishrei 5775 • 1 October 2014

"Today's Day"
Wednesday, Tishrei 7, 5704
Torah lessons: Chumash: B'racha, Revi'i with Rashi.
Tehillim: 39-43. Also 106-108.
Tanya: However, the essence (p. 507) ...as mentioned above. (p. 507).
A resume of the fourth method:
V - B'chol..., "In all your ways, know Him."1 A person who sets his heart and mind to observe all that happens to him and around him, will perceive G-dliness tangibly in evidence; as the Mitteler Rebbe pointed out, men of affairs2 have an advantage over secluded scholars, in that the former can witness actual manifestations of G-dliness. This form of the service of teshuva comes from one's perceiving hashgacha p'ratit, (particular Divine Providence).
FOOTNOTES
1. Mishlei 3:6.
2. Such as businessmen etc.
____________________________
Daily Thought:

Rock Bottom
At the peaks of life, you can catch a glimmer of the light of your soul.
When you hit rock bottom, you can touch its very core.[Maamar Vekibel Hayehudim 5738.]
____________________________