Chabad - Today in Judaism - TODAY IS: Thursday, 8 Tishrei 5775 • 2 October 2014

Chabad - Today in Judaism - TODAY IS: Thursday, 8 Tishrei 5775 • 2 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 109
Chapter 110
Chapter 111
Links: About the Ten Days of teshuvah; Voicemail; more on teshuvah
• Tashlich 
In certain communities, it is customary to perform the Tashlich ceremony today (if the day doesn't fall on Shabbat.)
Today in Jewish History:
• Temple Dedicated (826 BCE) 
The 14-day dedication festivities, celebrating the completion of the Holy Temple in Jerusalem built by King Solomon, commenced on the 8th of Tishrei of the year 2935 from creation (826 BCE). The First Temple served as the epicenter of Jewish national and spiritual life for 410 year, until its destruction by the Babylonians in 423 BCE.
Links: The Holy Temple: an Anthology
• Passing of R. Baruch (1791) 
Yahrtzeit of Rabbi Baruch, father of the founder of Chabad, Rabbi Schneur Zalman of Liadi.

DAILY QUOTE:

These are books with souls(The Lubavitcher Rebbe, Tevet 5, 1987)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Vezot Hab'rachah, 5th Portion Deuteronomy 33:22-33:26 with Rashi
• Chapter 33
22. And of Dan he said: "Dan is a young lion, streaming from Bashan." כב. וּלְדָן אָמַר דָּן גּוּר אַרְיֵה יְזַנֵּק מִן הַבָּשָׁן:
Dan is a young lion: Dan was also located close to the border, and so [like Gad], he is compared to lions. — [Sifrei 33:22]
דן גור אריה: אף הוא היה סמוך לספר לפיכך מושלו באריות:
streaming from Bashan: [This is to be understood] as the Targum [Onkelos] renders it [“His land drinks from the rivers that flow from Bashan”]. For the Jordan [river] comes out from Dan’s territory, from the Paneas cave, which is [a place called] Leshem, within the territory of Dan. [The children of Dan conquered Leshem and incorporated it into their territory, calling it Dan after their father,] as it is said,“And they called Leshem, Dan” (Joshua 19:47). - [Bech. 55a] And its source (זִנּוּק) and flow is from Bashan. Another explanation [of יְזַנֵּק מִן-הַבָּשָׁן] is: Just as a water flow (זִנּוּק) issues from one place and divides itself [afterwards] into two directions, similarly, the tribe of Dan [started with one territory and ended up] taking a portion in two places. First, they took the northwest [of the Land of Israel], namely, Ekron and its surroundings. But this did not suffice them. So they came and fought against Leshem, which is Paneas, located in the north-east [of the Land of Israel]. [Now Rashi demarcates these two areas geographically:] For the Jordan comes out of the Paneas [or Banias] cave, which is in the east [and at the northern extremity] of the Land of Israel, and then the river flows from the north [straight down] to the south, ending at the edge of the Salt Sea [“Dead Sea”], which in turn, is in the east of Judah’s territory, Judah having taken his territory in the southern part of the Land of Israel, as is delineated in the book of Joshua (19:47). This is the meaning of what is stated there: “And the border of the children of Dan went out from them, so the children of Dan arose and fought against Leshem [and took possession of it].” [So when this verse says“And the border of the children of Dan went out from them,” it means:] Their border was bursting outwards [as it were,] along that whole [eastern flank of the Land] where they originally took their inheritance. [Hence, whereas Dan started out with one territory, he ended up with two, just like a water flow (זִנּוּק) is one, and divides into two]. — [Sifrei 33:22]
יזנק מן הבשן: כתרגומו שהיה הירדן יוצא מחלקו ממערת פמייאס והיא לשם שהיא בחלקו של דן, שנאמר (יהושע יט, מז) ויקראו ללשם דן וזינוקו וקילוחו מן הבשן. דבר אחר מה זינוק זה יוצא ממקום אחד ונחלק לשני מקומות, כך שבטו של דן נטלו חלק בשני מקומות. תחלה נטלו בצפונית מערבית עקרון וסביבותיה, ולא ספקו להם ובאו ונלחמו עם לשם שהיא פמייאס והיא בצפונית מזרחית, שהרי הירדן יוצא ממערת פמייאס והוא במזרחה של ארץ ישראל ובא מהצפון לדרום וכלה בקצה ים המלח, שהוא במזרח יהודה, שנטל בדרומה של ארץ ישראל, כמו שמפורש בספר יהושע, והוא שנאמר (שם יט, מז) ויצא גבול בני דן מהם ויעלו בני דן וילחמו עם לשם וגו', יצא גבולם מכל אותו הרוח שהתחילו לנחול בו:
23. And of Naftali he said, "Naftali is favorably satisfied and full of the Lord's blessing. Possess the Sea and the south." כג. וּלְנַפְתָּלִי אָמַר נַפְתָּלִי שְׂבַע רָצוֹן וּמָלֵא בִּרְכַּת יְהֹוָה יָם וְדָרוֹם יְרָשָׁה:
favorably satisfied: Naftali’s land would fully satisfy all its inhabitants.
שבע רצון: שהיתה ארצו שבעה כל רצון יושביה:
Possess the sea and the south: The sea of Kinnereth fell within Naftali’s portion; moreover, he took a rope’s length of fishing-coast on its south[ern shore] for spreading out his nets and trawls. — [B.K. 81b]
ים ודרום ירשה: ים כנרת נפלה בחלקו ונטל מלא חבל חרם בדרומה לפרוש חרמים ומכמורות:
Possess: Heb. יְרָשָׁה. This word is in the imperative form and is equivalent to [the simple command רֵשׁ] in“Go up and possess (רֵשׁ) ” (Deut. 1:21). The fact that the accent is placed on next to the last syllable in the word, namely on the reish, proves this point, like the words: יְרַשׁ (possess!), יְדַע (know!), לְקַח (take!) and שְׁמַע (listen!). Now, when one adds a hey at the end of this [simple command] form, the accent is on next to the last syllable of the word to become: לְקָחָה סְלָחָה יְדָעָה שְׁמָעָה Here also, יְרָשָׁה is an imperative form. Accordingly, in the Masoreth Gedolah , we find this in the alphabetically arranged imperative forms of verbs, which have their accents on next to the last syllable.
ירשה: לשון צווי, כמו (דברים א, כא) עלה רש, והטעם שלמעלה ברי"ש מוכיח, כמו ירש, ידע, לקח, שמע, כשמוסיף בו ה"א יהיה הטעם למעלה שמעה, ידעה, סלחה, לקחה אף כאן ירשה לשון צווי. ובמסורת הגדולה מצינו באלפא ביתא לשון צווי דטעמיהון מלעיל:
24. And of Asher he said: "May Asher be blessed with sons. He will be pleasing to his brothers, and immerse his foot in oil. כד. וּלְאָשֵׁר אָמַר בָּרוּךְ מִבָּנִים אָשֵׁר יְהִי רְצוּי אֶחָיו וְטֹבֵל בַּשֶּׁמֶן רַגְלוֹ:
May Asher be blessed with sons: I saw in Sifrei the following (33:24): “Among all of the tribes, you will not find one that is blessed with sons as Asher was.” But I do not know in which regard.
ברוך מבנים אשר: ראיתי בספרי אין לך בכל השבטים שנתברך בבנים כאשר, ואיני יודע כיצד:
He will be pleasing to his brothers: Asher pleased his brothers with “Onpakinon oil” [oil of unripe olives, used for anointing one’s skin] and tasty foods (?), and they please him [by repaying him] with grain. Another explanation of “He will be pleasing to his brothers” : Because the women who came from Asher were beautiful [and were sought after for marriage]. This is the meaning of what is stated in Chronicles (I Chron. 7:31). [when it speaks of Malchiel, Asher’s grandson]“he was the father בִּרְזָיִת [literally, olive-child]” that is to say, his daughters were married to Kohanim Gedolim [and kings], who were anointed with olive oil (זַיִת) . - [Gen. Rabbah 71:10]
יהי רצוי אחיו: שהיה מתרצה לאחיו בשמן אנפיקינון ובקפלאות והם מרצין לו בתבואה. דבר אחר יהי רצוי אחיו שהיו בנותיו נאות והוא שנאמר (דברי הימים א' ז, לא) הוא אבי ברזית, שהיו בנותיו נשואות לכהנים גדולים הנמשחים בשמן זית:
and immerse his foot in oil: for his land flowed like a spring with oil. It once happened, that the people of Laodicea were in need of oil, and they appointed an agent [who was sent from place to place, until he found an olive farmer. The latter brought this agent to his home, and there, the olive farmer washed himself and then dipped his hands and feet, thereby fulfilling our verse here: “And dip his foot in oil.” Then, he supplied the agent from Laodicea with one million, one hundred and eighteen thousand maneh worth of olive oil!]. — [Tractate Men. 85b]
וטובל בשמן רגלו: שהיתה ארצו מושכת שמן כמעין. ומעשה שנצטרכו אנשי לודקיא לשמן מנו להם פולמוסטום אחד וכו', כדאיתא במנחות (פה ב):
25. Your locks are iron and copper, and the days of your old age will be like the days of your youth. כה. בַּרְזֶל וּנְחשֶׁת מִנְעָלֶךָ וּכְיָמֶיךָ דָּבְאֶךָ:
Your locks are iron and copper: Now he [Moses] addresses all Israel, whose strong men dwelled in the border cities and would “lock up” the Land [as it were, with their protection], so that the enemies would be unable to enter. It was as if the Land was closed up with locks and bolts made of iron and copper. Another explanation: Your locks are iron and copper-Your land is “locked in” by mountains, from which iron and copper are mined. [In this respect] Asher’s territory was [considered] the “lock of the Land of Israel.” — [Sifrei 33:25]
ברזל ונחשת מנעלך: עכשיו הוא מדבר נגד כל ישראל, שהיו גבוריהם יושבים בערי הספר ונועלים אותה שלא יוכלו האויבים ליכנס בה כאלו היא סגורה במנעולים ובריחים של ברזל ונחשת. דבר אחר ברזל ונחשת מנעלך ארצכם נעולה בהרים שחוצבין מהם ברזל ונחשת, וארצו של אשר היתה מנעולה של ארץ ישראל:
and the days of your old age will be like the days of your youth: Heb. וּכְיָמֶי‏ךָ דָּבְאֶךָ. Like the days that are your best, namely, your first days, the days of your youth-so will be the days of your old age, days which [ordinarily] flow away (דּוֹאֲבִים), are painful, and decline. Another explanation of וּכְיָמֶי‏ךָ דָּבְאֶךָ is: וּכְיָמֶי‏ךָ - the days which can be enumerated as your good days, namely, all those days on which you fulfilled the will of the Omnipresent - דָּבְאֶךָ, so will be “your flowing,” i.e., all the countries [in the world] will make silver and gold flow into the Land of Israel. For Israel will be blessed with fruits, so that all the countries will be supplied by it, consequently pouring their silver and gold into it, ascorant in Old French. Moreover, the world’s silver and gold will be depleted, because they will pour it into your Land. — [Sifrei 33:25]
וכימיך דבאך: וכימים שהם טובים לך, שהן ימי תחלתך ימי נעוריך כן יהיו ימי זקנתך, שהם דואבים זבים ומתמוטטים. דבר אחר וכימיך דבאך וכימיך שהם טובים לך כמנין ימיך, כל הימים אשר אתם עושים רצונו של מקום, יהיו דבאך שכל הארצות יהיו דובאות כסף וזהב לארץ ישראל, שתהא מבורכת בפירות. וכל הארצות מתפרנסות הימנה וממשיכות לה כספם וזהבם אישקורונ"ט [ישפעו]. הכסף והזהב כלה מהם, שהן מזיבות אותם לארצכם:
26. Jeshurun, there is none like God; He Who rides the heavens is at your assistance, and with His majesty, [He rides] the skies, כו. אֵין כָּאֵל יְשֻׁרוּן רֹכֵב שָׁמַיִם בְּעֶזְרֶךָ וּבְגַאֲוָתוֹ שְׁחָקִים:
Jeshurun: There is none like God - Jeshurun, you should know that there is none like God among all the gods of the peoples, and that their rock is not like your Rock.
אין כאל ישרון: דע לך ישורון שאין כאל בכל אלהי העמים ולא כצורך צורם:
He Who rides the heavens: is the same God Who is at your assistance, and with His majesty, He rides the skies.
רכב שמים: הוא אותו אלוה שבעזרך ובגאותו הוא רוכב שחקים:
___________________________
Daily Tehillim: Psalms Chapters 44-48
• 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 44
The psalmist cries and laments painfully over this bitter exile, where we and our Torah are shamed daily, when the nations say that God has exchanged us for another nation, and where we are considered as sheep for the slaughter, as a byword and taunt. It is therefore fitting that God redeem us, for the sake of His great Name that abides with us in exile.
1. For the Conductor, by the sons of Korach, a maskil.1
2. God, with our ears we have heard, our fathers have told us, of the deeds You wrought in their days, in the days of old.
3. You drove out nations with Your hand, and planted [Israel in their place]; You afflicted peoples and banished them.
4. For not by their sword did they inherit the land, and their own arm did not save them, but by Your right hand, Your arm and the light of Your countenance-for You favored them.
5. You are my king, O God; decree the salvation of Jacob.
6. Through You will we gore our adversaries; with Your Name we will trample our opponents.
7. For I do not trust in my bow, and my sword cannot save me.
8. For You have delivered us from our foes, and You shamed those who hate us.
9. In God we glory all day, and forever thank Your Name, Selah.
10. Though You abandon and disgrace us, and do not go forth with our armies;
11. You cause us to retreat from the oppressor, and those who hate us plunder for themselves;
12. You deliver us like sheep to be devoured, and scatter us among the nations;
13. You sell Your nation without gain, and do not set a high price upon them;
14. You make us a disgrace to our neighbors, the scorn and derision of those around us;
15. You make us a byword among the nations, [a cause for] nodding the head among the peoples;
16. all day long my humiliation is before me, and the shame of my face covers me
17. at the voice of the reviler and blasphemer, because of the foe and avenger-
18. all this has come upon us, yet we have not forgotten You, nor have we been false to Your covenant.
19. Our hearts have not retracted, nor have our steps strayed from Your path.
20. Even when You crushed us in the place of serpents, and shrouded us in the shadow of death-
21. did we forget the Name of our God, and extend our hands to a foreign god?
22. Is it not so that God can examine this, for He knows the secrets of the heart.
23. For it is for Your sake that we are killed all the time; we are regarded as sheep for the slaughter.
24. Arise! Why do You sleep, my Lord? Wake up! Do not abandon [us] forever!
25. Why do You conceal Your countenance and forget our affliction and distress?
26. For our souls are bowed to the dust, our bellies cleave to the earth.
27. Arise! Be our help, and redeem us for the sake of Your kindness.
Chapter 45
The psalmist composed this psalm referring to Moshiach. He describes his greatness, his attributes, his glory, his wealth, and his reign; and states that Israel anticipates him, remembering and saying in every generation, "When will King Moshiach come?"
1. For the Conductor, upon the shoshanim,1 By the sons of Korach; a maskil,2 a song of love.
2. My heart is astir with a noble theme; I say, "My composition is for the king;3 my tongue is the pen of a skillful scribe.”
3. You are the most handsome of men, charm is poured upon your lips; therefore has God blessed you forever.
4. Gird your sword upon your thigh, O mighty one-it is your majesty and splendor.
5. And with your splendor, succeed and ride on for the sake of truth and righteous humility; and your right hand will guide you to awesome deeds.
6. Your arrows are sharpened-nations fall beneath you-[the arrows fall] into the hearts of the king's enemies.
7. Your throne, O ruler, is forever and ever, [for] the scepter of justice is the scepter of your kingdom.
8. You love righteousness and hate wickedness; therefore has God, your God, anointed you with oil of joy above your peers.
9. Myrrh, aloes and cassia are [the fragrance] of all your garments, which are from ivory palaces that bring you joy.
10. Daughters of kings visit you, and the queen stands erect at your right hand, adorned in the fine gold of Ophir.
11. Hear, O daughter, and observe, incline your ear; forget your people and your father's house.
12. Then the king will desire your beauty. He is your master-bow to him.
13. The daughter of Tyre, the wealthiest of nations, will seek your favor with a gift.
14. All the glory of the princess is within; her clothing surpasses settings of gold.
15. In embroidered garments she will be brought to the king; the maidens in her train, her companions, will be led to you.
16. They will be brought with gladness and joy, they will enter the palace of the king.
17. Your sons will succeed your fathers; you will appoint them ministers throughout the land.
18. I will cause Your Name to be remembered throughout the generations; therefore will the nations praise You forever and ever.
Chapter 46
This psalm tells of the Gog and Magog era (the Messianic age), when man will cast aside his weapons, and warfare will be no more.
1. For the Conductor, by the sons of Korach, on the alamot,1 a song.
2. God is our refuge and strength, a help in distress, He is most accessible.
3. Therefore, we will not be afraid when the earth is transformed, when mountains collapse in the heart of the seas;
4. when its waters roar and are muddied, and mountains quake before His grandeur, Selah.
5. The river2-its streams will bring joy to the city of God, the sacred dwelling of the Most High.
6. God is in her midst, she will not falter; God will help her at the approach of morning.
7. Nations clamor, kingdoms stumble; He raises His voice and the earth dissolves.
8. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
9. Go and see the works of the Lord, Who has wrought devastation in the land.
10. To the end of the earth He causes wars to cease; He breaks the bow, snaps the spear, and burns the wagons in fire.
11. Stop [waging war]! And know that I am God; I will be exalted among the nations, exalted upon the earth.
12. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
Chapter 47
Following the battle of Gog and Magog (in the Messianic era), war will be no more. God will grant us salvation, and we will merit to go up to the Holy Temple for the festivals, Amen.
1. For the Conductor, a psalm by the sons of Korach.
2. All you nations, clap hands; sound [the shofar] to God with a sound of jubilation.
3. For the Lord is most high, awesome; a great King over all the earth.
4. He subdues peoples under us, nations beneath our feet.
5. He chooses our heritage for us, the glory of Jacob whom He loves eternally.
6. God ascends through teruah, the Lord-through the sound of the shofar.
7. Sing, O sing to God; sing, O sing to our King.
8. For God is King over all the earth; sing, O man of understanding.
9. God reigns over the nations; God is seated on His holy throne.
10. The most noble of the nations are gathered, the nation of the God of Abraham; for the protectors of the earth belong to God; He is greatly exalted.
Chapter 48
The psalmist prophesies about the Messianic era, singing the praises of a rebuilt Jerusalem and the sacrifices brought there. At that time Israel will say, "As we heard from the mouths of the prophets, so have we merited to see!"
1. A song, a psalm by the sons of Korach.
2. The Lord is great and exceedingly acclaimed in the city of God, His holy mountain.
3. Beautiful in landscape, the joy of the whole earth is Mount Zion, on the northern slopes, the city of the great King.
4. In her citadels, God became known as a tower of strength.
5. For behold, the kings assembled, they advanced in concert [to invade her].
6. They saw [the wonders of the Almighty] and were astounded; they were terror-stricken, they hastened to flee.
7. Trembling seized them there, pangs as of a woman in the throes of labor;
8. [they were crushed as] by an east wind that shatters the ships of Tarshish.
9. As we have heard, so have we seen, in the city of the Lord of Hosts, in the city of our God; may God establish it for all eternity.
10. God, we have been hoping for Your kindness [to be revealed] within Your Sanctuary.
11. As Your Name, O God, [is great,] so is Your praise to the ends of the earth; Your right hand is filled with righteousness.
12. Let Mount Zion rejoice, let the towns of Judah exult, because of Your judgments.
13. Walk around Zion, encircle her, count her towers.
14. Consider well her ramparts, behold her lofty citadels, that you may recount it to a later generation.
15. For this God is our God forever and ever; He will lead us eternally.
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 109, 110 and 111.
Chapter 109
David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm. O God of my praise, be not silent.
2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.
3. They have surrounded me with words of hate, and attacked me without cause.
4. In return for my love they hate me; still, I am [a man of] prayer.
5. They placed harm upon me in return for my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an adversary stand at his right.
7. When he is judged may he go out condemned; may his prayer be considered a sin.
8. May his days be few; may another take his position.
9. May his children be orphans and his wife a widow.
10. May his children wander about and beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may their name be erased in a later generation.
14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always, and may He cut off their memory from the earth.
16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].
17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my heart has died within me.
23. Like the fleeting shadow I am banished, I am tossed about like the locust.
24. My knees totter from fasting, and my flesh is lean without fat.
25. And I became a disgrace to them; they see me and shake their heads.
26. Help me, Lord, my God, deliver me according to Your kindness.
27. Let them know that this is Your hand, that You, Lord, have done it.
28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”
2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has crushed kings on the day of His fury.
6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.
7. He will drink from the stream on the way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.
1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet] available to all who desire them.
3. Majesty and splendor are His work, and His righteousness endures forever.
4. He established a memorial for His wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He remembered His covenant always.
6. He has declared the power of His deeds to His people, to give them the inheritance of nations.
7. The works of His hands are true and just; all His mandates are faithful.
8. They are steadfast for ever and ever, for they are made with truth and uprightness.
9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.
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Tanya: Iggeret HaKodesh, middle of Epistle 20
• Lessons in Tanya
• Today's Tanya Lesson
Thursday, 8 Tishrei 5775 • 2 October 2014
Iggeret HaKodesh, middle of Epistle 20
אמנם מודעת זאת שעיקר התהוות היש ודבר נפרד לגמרי, הוא ממלכות דאצילות
However, as is known, [any] yesh or entity that (in its own eyes) is utterly separate [from G‑dliness], comes into being principally through Malchut of Atzilut,
שנעשה עתיק דבריאה
which becomes the Atik of Beriah,
Atik is the element of delight (taanug) which is the innermost core of will (ratzon). Thus, Malchut of Atzilut becomes the delight and will that propel the World of Beriah into being. For it is Malchut that is able to project a sense of pleasure in creatures that perceive themselves to be separate entities, since only thus can sovereignty result.
כי אין מלך בלא עם וכו׳
for “There is no king without a nation” (am).
The analogy of the king who is able to rule only over subjects who are distant from him was explained above. In the analogue this corresponds to the created beings in the World of Beriah which are distant from G‑dliness, unlike the beings in the World of Atzilut אצילות which are “close to Him” אצלו: they cleave to G‑d. It is thus to the creatures of the World of Beriah that the Divine attribute of Malchut (“sovereignty”) relates.
וגם ריבוי הנבראים והתחלקותן, שנבראו בכח האין סוף, יחיד ומיוחד בתכלית
Also, the multitude and the diversity of creatures, [though, paradoxically,] they were created by the power of the One and absolutely uncompounded Ein Sof,
הוא על ידי ריבוי האותיות היוצאין ממלכות, פי ה׳, וברוח פיו כל צבאם
derives from the multitude of letters that issue from Malchut, which is known as “the mouth of G‑d,” [as it is written],1 “[By the word of G‑d were the heavens made], and by the breath of His mouth, all their hosts.”
וה׳ מוצאות הפה הן מה׳ גבורות דנוקבא
The five organs of [Supernal] speech (corresponding to the five physical organs of speech) are of the five Gevurot of Nukva (lit., “the female [element],” i.e., Malchut).
ולזאת נקראת עלמא דאתגליא, כי בה נגלה כח אור אין סוף לברוא יש מאין, שלא על ידי עילה ועלול
[Malchut] is therefore called Alma deItgalya (“the Manifest World”), because through it is manifested the power of the [infinite] Ein Sof-light to create something out of nothing, without recourse to ilah and alul (cause and effect).
The progression from ilah to alul exists among created beings as well; the creation of yesh from ayin is in the hands of the Ein Sof alone. And it is Malchut of Atzilut that makes this power manifest.
אבל ט׳ ספירות הראשונות נאצלו בהשתלשלות עילה ועלול
However, the first nine Sefirot that precede Malchut emanated by the causal evolution of ilah and alul,
ואור האין סוף, הוא מלובש בחכמה לבדה
while the [infinite] Ein Sof-light is vested in Chochmah alone.
Chochmah derives from the Ein Sof in a manner that resembles the derivation of yesh from ayin, as in the verse,2 “Chochmah derives from ayin.” The Ein Sof thus vests itself in Chochmah (and through it, the Ein Sof-light illuminates the other Sefirot as well).
וזה שכתוב: נעוץ תחילתן בסופן
And this is the meaning of the statement in Sefer Yetzirah3 regarding the Ten Sefirot, “Their beginning is wedged in their end.”
In the scheme of the Sefirot, the very beginning (signifying a level that transcends even the “head”) is to be found in the culmination of the series to an even greater extent than in the head. The Sefirah of Chochmah is variously termed “the head” ראש and “the first” ראשית. (The phrase4 ראשית חכמה is usually understood to mean “the beginning of wisdom,” but can also mean “Chochmah is first.”) Malchut is the last of the Sefirot. The Sefirah of Keter, which transcends even the Sefirah of Chochmah, is termed the “beginning”.
This “beginning”, then, which is called Keter, is “wedged” and is even more to be found in the “end” (Malchut) than in the other Sefirot, even Chochmah.
כי כתר הוא ממוצע בין המאציל לנאצלים, ויש בו בחינה אחרונה של האין סוף
For Keter is the mediator between the [infinite] Emanator and the [finite] emanated beings, and the lowest level of the Ein Sof is comprised in it.
Every intermediary (such as, in our case, the Sefirah of Keter) must incorporate at least some aspect of both the levels that it seeks to bridge. The aspect of infinite light contained in Keter is the lowest degree of Ein Sof. This level is the “beginning”, that level of Ein Sof that is “wedged” in the Sefirah of Malchut, for, as mentioned earlier, it is Malchut that reveals the power of the Ein Sof to create yesh from ayin.
ולכן נקרא כתר מלכות, כי אין כתר אלא למלך
That is why [the Sefirah of Keter, meaning “crown”] is called Keter Malchut (“the Crown of Sovereignty”), as stated in the introductory passage to Tikkunei Zohar which begins with Patach Eliyahu: “Supernal Keter is Keter Malchut,” for a crown is only for a king; i.e., the prime function of the Sefirah of Keter is to draw down the [infinite] Ein Sof-light contained within it into the level of Malchut.
וגם כי בחינה אחרונה דאין סוף היא מלכות דאין סוף
Also, [Keter is called Keter Malchut] because the final level of the Ein Sof is the Malchut of Ein Sof.5
Thus, Keter itself possesses the quality of Malchut, for Malchut is the lowest level of the Ein Sof.
ולכן גם המלכות דאצילות נקרא כתר, ממטה למעלה
Consequently Malchut of Atzilut, too, is called Keter, [when the Sefirot are considered] in ascending order.
From this perspective, looking “upward”, Malchut (the lowest Sefirah) is termed Keter in relation to the higher Sefirot. This is so because Malchut is the prime receptor for the down-flow of Keter which then illuminates the higher Sefirot by means of or chozer (“reflected light”) — like a beam of light that travels earthward through space, strikes a surface, and rebounds with renewed intensity.
The above concerns the ability of Malchut to manifest the power of Ein Sof in creating yesh from ayin, and to enable created beings to perceive themselves as entities distinct from their Creator. For this very reason, however, this creative ability cannot be considered a revelatory aspect of the Ein Sof-light. Rather, it demonstrates its capacity to conceal.
The Alter Rebbe therefore now goes on to discuss ways in which Malchut serves to reveal this light. (Souls, for example, though Divine, descend nevertheless within the limitations of created beings.) By virtue of its revelatory aspect, Malchut is called Alma deItgalya (“the Manifest World”), for through the Sefirah of Malchut the Ein Sof-light is revealed within the worlds.
ומה גם כי בריאת הנשמות ממנה, להיות יש ודבר נפרד בפני עצמן בעולם הבריאה
This is especially so since through [Malchut] the creation of souls takes place, enabling them to be yesh and separate entities in the World of Beriah — and notwithstanding their becoming a yesh they still retain their aspect of G‑dliness.
While yet in Atzilut, souls have no sense of being a yesh, since they are entirely nullified to G‑dliness. Upon entering the World of Beriah, however, they perceive themselves as being distinct and substantive creatures. Notwithstanding this, they remain G‑dly entities and draw down G‑dliness within the worlds.
ונקרא בשם לידה, כקריעת ים סוף, דבעתיקא תליא
This [derivation of souls from Malchut] is termed leidah (“birth”), a process that requires the intervention of a higher power emanating from the Ein Sof, like the splitting of the Red Sea, which (as stated in the Zohar6) “depended on Atik.”
Atik (עתיק, related to נעתק, implying removal and separation from the created worlds) is the inner (i.e., higher) level of Keter, whose outer (i.e., lower) level is termed Arich. Atik is the final degree of the Ein Sof; Arich is the source and root of emanated beings.
The Kabbalah teaches that the birth of souls is comparable to the splitting of the Red Sea, and like it requires the power of the Ein Sof as found in Atik. The Alter Rebbe now explains that this infinite power is needed not only for the birth of souls but for their gestation as well.
וגם כל גידול הנשמות כל ז׳ חדשים, מזיווג של שמיני עצרת עד שביעי של פסח
Also, the whole growth of the souls, throughout the seven months from the union of Shmini Atzeret until the birth on the Seventh Day of Pesach,
It is taught in the Kabbalah7 that the union that “conceives” souls takes place on Shmini Atzeret, while the “birth” of souls takes place on the Seventh Day of Pesach, at the time of the crossing of the Red Sea.
הוא כמו גידול זו״נ בבטן אימא עילאה
resembles the growth of Zu’n — the Sefirot of Za and Malchut of Atzilut that were formerly concealed — in the womb of Imma Ilaah (“the Supernal Mother”), i.e., in the innermost degree of Binah of Atzilut.
שהוא על ידי אורות עליונים מאימא עילאה, ומלמעלה למעלה, עד אין סוף המתלבש בה כל ט׳ או ז׳ ירחי לידה
This takes place by means of the Supernal orot of Imma Ilaah, and of yet higher, as far as the Ein Sof which vests itself in it (i.e., in Binah) in order to bring about the growth of Zu’n throughout the nine or seven months of pregnancy.
Just as Zu’n of Atzilut is “delivered” from Binah of Atzilut, known as Imma Ilaah (“the Supernal Mother”), so too do souls gestate in Malchut, which is known as Imma Tataah (“the Nether Mother”), since Malchut incorporates within itself the Supernal orot of the Ein Sof.
וככה הוא בבריאת נשמות ומלאכים לעולם הבריאה
The same is true of the creation of the souls and angels in the World of Beriah: they, too, result from the Supernal orot of the Ein Sof that are drawn down into Malchut of Atzilut.
The Alter Rebbe now goes on to state that these Supernal orot of the Ein Sof that descend into Malchut of Atzilut not only make possible the birth and gestation, but are also responsible for the actual “conception”.
וגם כל עיקר ושרש הטיפה שמקבלת ומתעברת מז״א, הוא ממוחין דאבא ואמא
Also, the very essence and root of the “seminal drop” which [Malchut] receives and through which she is impregnated by Z’eir Anpin, derives from the Mochin of Abba and Imma (lit., the “father” and “mother”), i.e., Chochmah and Binah, respectively.
ובכל זיווג, נמשכת לאבא ואימא מאריך אנפין ועתיק יומין, ומלמעלה למעלה עד אין סוף
And with every conjunction of Chochmah and Binah which is intended to bring about a birth, there issues forth to Abba and Imma [the seminal drop] from Arich Anpin and Atik Yomin, and from even higher, up to the Ein Sof.
רק שהכל בהעלם במוחין עד לידת הנוקבא, הנשמות והמלאכים וההיכלות לעולם הבריאה
Everything is concealed, though, in the Mochin, until the Nukva gives birth to (i.e., until Malchut reveals) the souls and the angels and the Heichalot for the World of Beriah.
נמצא שזהו גילוי אור אין סוף ממש, על ידי העיבור והלידה
Hence, by means of the “gestation” and “birth”, there is truly a revelation of the [infinite] Ein Sof-light.
Not only is the infinite power of Ein Sof drawn down through Malchut to bring about yesh: in addition, the Ein Sof-light is actually revealed by means of the “gestation” and “birth” of souls. By virtue of this role Malchut is termed Alma deItgalya, in addition to its function in drawing down the power of G‑dliness in a concealed manner within creation.
FOOTNOTES
1. Tehillim 33:6.
2. Iyov 28:12.
3. 1:7.
4. Tehillim 111:10.
5. Note of the Rebbe: “Cf. the Note [of the Alter Rebbe] in ch. 52 of Part I [of Tanya]; also p. קלא, ע״ב [i.e., p. 262 of the standard Hebrew text].”
6. II, 52b.

7. See Likkutei Torah, Parshat Tzav, p. 16b, and sources listed there.
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Rambam:
Daily Mitzvah 250 Sefer Hamitzvot
Today's Mitzvah
Thursday, 8 Tishrei 5775 • 2 October 2014
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
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
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.

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Rambam:

• 1 Chapter a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 8
Sanhedrin veha`Onashin haMesurin lahem - Chapter 8
Halacha 1
When a court reaches a split decision - some say that the defendant is not liable, and others say that he is liable, we follow the majority. This is a positive mitzvah of Scriptural origin, as Exodus 23:2 states: "Follow after the inclination of the majority."
When does the above apply? With regard to financial matters and with regard to laws involving questions of what is forbidden and what is permitted, what is impure and what is pure and the like. With regard to capital cases, different laws apply if there is a difference of opinion whether the transgressor should be executed or not. If the majority rule to exonerate him, he is exonerated. If, however, the majority rules that he is guilty, he should not be executed until there are at least two more judges who hold him guilty than who exonerate him.
According to the Oral Tradition, we learned that the Torah warned against this saying Ibid.: "Do not follow the majority to do harm." That is to say that if the majority are inclined "to do harm," i.e., to execute the defendant, you should not follow them until there is a significant inclination, and there is a majority of two judges who rule that he is guilty.
This is implied by (Ibid.): "to follow the inclination of the majority and influence the judgment." A positive inclination may be made on the basis of a majority of one, a harmful inclination, on the basis of a majority of two. All of these concepts are based on the Oral Tradition.
Halacha 2
The following laws apply when there is a difference of opinion within a court of three judges with regard to a monetary issue: If two say the defendant's claim should be vindicated and one says that he is liable, his claim is vindicated. If two say that he is liable and one says his claim should be vindicated, he is held liable. If one says that his claim should be vindicated and one says he is liable, or two say that his claim should be vindicated or that he is liable and the third judge says: "I do not know," we add another two judges. Thus five judges debate the matter.
If three say the defendant's claim should be vindicated and two say that he is liable, his claim is vindicated. If three say that he is liable and two say his claim should be vindicated, he is held liable. If two say that his claim should be vindicated and two say he is liable, and the fifth judge says: "I do not know," we add another two judges. If, however, four say his claim should be vindicated or that he is liable and one says: "I don't know," or three say his claim should be vindicated and one says that he is liable, and the fifth says: "I don't know," we follow the majority. This applies whether the judge who says: "I don't know" is the same who said "I don't know" at the outset or another individual.
If, in this situation as well, the opinions are evenly balanced and one says: "I don't know," or in any situation that there is a doubt, we continue to add two more judges until we reach 71 judges. If, after reaching 71, the issue is still unresolved, i.e., 35 hold him liable, and 35 wish to vindicate his claim and one says: "I don't know," they debate the matter until the judge who has not made up his mind sides with one of the opinions and thus there will be 36 who vindicate him or 36 who hold him liable. If neither that judge or another changes his opinion, the matter remains unresolved and the money is allowed to remain in the possession of its owner.
Halacha 3

Whenever a judge says: "I don't know," he is not required to explain the rationale for his statements and explain the reason why he is in doubt. In contrast, a judge who rules that a litigant's claim is vindicated must state why he vindicates the claim, or if he holds him liable, he must state why he holds him liable.
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Rambam:
• 3 Chapters a Day: Mechirah Mechirah - Chapter Ten, Mechirah Mechirah - Chapter Eleven, Mechirah Mech
irah - Chapter Twelve
Mechirah - Chapter Ten
Halacha 1
When a person compels a colleague to sell an article and to take the money for the purchase - even if he hung him until he sold the article - the purchase is binding. This applies with regard to movable property and landed property. We say that since he compelled him, he committed himself to selling. This applies even if the seller did not take the money in the presence of witnesses.
Therefore, if the seller issues a protest before he sells and tells two witnesses: "Know that the reason I am selling this and this article - or this and this property - is that I am being compelled against my will," the sale is nullified. Even if the purchaser was in possession of the article or the property for several years, it may be expropriated from him, at which point, the seller returns the money.
Halacha 2
The witnesses must know that the seller is selling because of compulsion, and that he is actually being compelled against his will.
Any record of a protest that does not contain the statement: "We the witnesses know that so and so the seller acted under compulsion - is not a valid protest.
Halacha 3
When does the above apply? With regard to a person who conducts a sale or who negotiates a compromise. With regard to a gift or a waiver of a debt, if the person issues a protest before giving the gift, the gift is nullified even though the person was not compelled to give the gift.
The rationale is that with regard to a gift, the factor that is significant is the expression of the giver's will. Since he does not wholeheartedly desire to transfer ownership, the recipient does not acquire the gift. Waiving a debt is equivalent to giving a gift.
Halacha 4
Whether one compels a colleague to sell by hitting him, by hanging him or by threatening to employ a measure against him through gentiles or through Jews, he is considered to have been compelled against his will.
An incident occurred with regard to a person who had rented an orchard from a colleague for ten years, and the landlord of the orchard lost the debt contract. After the tenant derived benefit from the orchard for three years,the tenant told the owner: "If you do not sell it to me, I will hide the rental contract and claim that I purchased it." The Sages explained that this is considered to be compulsion. The same principles apply in all similar situations.
For this reason, if the landlord issued a claim against the tenant in court and the tenant denied it and claimed that the orchard was his, and afterwards, the landlord issued a protest, and then sold the property to the tenant who denies having rented it, the sale is nullified, for there are witnesses that the landlord was compelled against his will. These are the witnesses in whose presence the tenant denied the rental of the property in court, and they are the witnesses before whom the protest was issued.The same principles apply in all similar situations.
Halacha 5
When does the above apply? With regard to a person who forces a colleague to sell. He is considered a chamsan because he compels a colleague to sell his property against his will.
When, however, a person steals property - is established as a thief - and afterwards purchases the field that he stole the sale is nullified automatically. The seller does not have to issue a protest, as explained in Hilchot Gezelah.
Halacha 6
The witnesses to the protest may themselves sign the deed of sale concerning which the protest was issued to them; their participation is of no consequence.
Even if the seller tells them in the presence of the person who is compelling him: "I am selling the property willfully, without compulsion," the protest is still viable. Just as the other person compelled the seller to sell unwillingly, he compelled him to say that he was selling it willingly.
Halacha 7
Similarly, if the seller admitted in the presence of witnesses that he received money after he issued a protest, he is not obligated to return anything to the thief. We say that the person compelling him compelled him to make this admission. This statement is not heeded for the witnesses already knew that he was compelled against his will.
If, however, the robber counted money out to the seller in the presence of the witnesses, the seller is obligated to return the money when the sale is nullified."
Halacha 8
If the witnesses to the sale testified that the seller nullified the protest, the protest is nullified.
If the seller tells the witnesses to the protest: "Know that every kinyan in which I engage to negate a protest, and a protest regarding a protest are all nullified. I am engaging in them only because of the factor compelling me, of which you are aware. I do not ever have the intention of transferring my property to the person compelling me," the sale is nullified despite the fact that the seller performed a kinyan to nullify his protest, in the manner we have explained.
Mechirah - Chapter Eleven
Halacha 1
When a person transfers ownership of an article - whether landed property or movable property - and establishes conditions that can be fulfilled the conditions are binding - whether established by the seller or the purchaser. If the conditions are fulfilled, then the ownership of the object is transferred. If the conditions are not fulfilled, the ownership of the object is not transferred.
We have already described the laws governing conditional agreements in Hilchot Ishut.
Halacha 2
When does the above apply? When a person stated a condition and then carried out a kinyan transferring ownership of the article through one of the accepted procedures. For then, he is obligated to fulfill the condition.
If, however, the person did not perform a kinyan, but merely entered into a conditional agreement stating that if this condition is fulfilled he will transfer ownership, and if it is not fulfilled he will not transfer ownership, the transfer of ownership is not effected even if the condition is fulfilled.
This is considered an asmachta - i.e., he made his transfer of ownership dependent on the performance of certain deeds. An asmachta is never binding, for the person transferring ownership did not make a firm decision in his heart to transfer ownership.
Halacha 3
What is implied? A person sold a house to a colleague or gave it to him as a present, on condition that the recipient travel to Jerusalem with the seller on a given day. If the recipient manifests ownership over the house, he acquires it when he travels to Jerusalem with the seller on the date stated. If that day passes and he does not make the journey, he does not acquire it.
If, however, the owner made a condition and told the potential purchaser: "If you go with me to Jerusalem on this and this day...," or "If you bring me this article, I will give you this house," or "...I will sell it to you at such and such a price," although the person travels with him on that day or brings him the article, he does not acquire the house. This applies even if the potential purchaser manifests his ownership over the house after he fulfills the condition, for this is an asmachta. The same laws apply in all analogous situations.
Halacha 4
For this reason, the following rules apply if a purchaser gives security to a colleague and tells him: "If I retract, I waive ownership of the security in your favor," and the seller says: "If I retract, I will double your security." If the purchaser retracts, the seller acquires the security, because it is in his possession. But if the seller retracts, we do not require him to double the security. For his promise was an asmachta and is not binding.
Halacha 5
A similar principle applies if a debtor paid a portion of a debt and the creditor entrusted the promissory note to a third party after the debtor made the following statement: "If I do not pay the remainder until such and such a date, return the promissory note." If the date arrived and the debtor did not pay, the third party should not give the promissory note to the creditor. For this agreement is an asmachta.
Halacha 6
Similarly, all the conditions that people establish between themselves, even when confirmed by witnesses and a legal document - e.g., "If such and such will take place..." or "If you do such and such, I will give you a maneh" or "...I will transfer ownership of this house to you, but if this does not take place..." or "if you do not do such and such, I will not transfer ownership," or "...I will not give you," are considered asmachta'ot. Even though the potential recipient performs the desired action, or the event occurs, he does not acquire the promised article. For his intent is undefined, being dependent on whether or not the stipulation will be met.
Halacha 7
Whenever a person says: "Acquire an entity upon fulfillment of a condition, retroactive to the present time," it is not considered an asmachta at all, and the transaction is binding. For if the person had not made a definite commitment to transfer ownership, he would not have transferred ownership retroactively to the time of the agreement.
What is implied? If a person says: "If I return between now and such and such a date, you acquire this house retroactively to the present time," and his commitment is affirmed by a kinyan the transaction is binding if he returns within the set time. The same applies with regard to all similar situations.
Halacha 8
When a person sells a courtyard or a field and specifies at the time of the sale that he is selling the property in order to travel to a particular place, or because there has been a drought and he desires to buy wheat with the money he receives for his courtyard, it is considered as if he sold the property conditionally.
Therefore, if it rained after he made the sale, or wheat was imported and sold at a lower price, or he was prevented from travelling to that land, or factors did not facilitate his journey or his purchase of wheat, the seller may return the money he received and have the land returned to him. For he stated that he was selling the property only for the sake of performing a specific act - and that act was not performed. Similar principles apply in all analogous situations.
Halacha 9
If, however, a person sells landed property without making any explicit statement, the sale is final even though he had the intent in his heart that he was selling the property for a particular reason, and even if it is apparent that he is selling the property for that reason. The rationale is that he did not make an explicit statement, and thoughts in a person's heart are of no consequence in business transactions.
Halacha 10
The following rules apply if one transferred ownership of an entity to a colleague and stipulated that he acquire it on the condition that he give or sell that entity to another person. If the person gives or sells the entity to that person, the transaction is binding. If he does not fulfill the stipulation and sells it to another person, or does not give or sell it to the person intended within the time frame established, the original transaction is not binding.
Similarly, if the seller or the purchaser of an article establishes a condition that the article be returned at a specific time or returned at that time in exchange for money, the transaction is binding, and the article must be returned as stipulated.
Halacha 11
Different rules apply in the following situation. A person sold landed property to a colleague. The seller made a stipulation, saying: "When I acquire money, return this land to me." The produce of the land belongs to the seller.)
If the seller made the sale without stipulating a condition, and the purchaser said on his own volition: "When you acquire funds, bring them to me, and I will return this property," the stipulation is binding. The purchaser can derive benefit from the property; doing so is not considered "a shade of interest," because the purchaser voluntarily obligated himself by this condition.
Halacha 12
An incident occurred concerning a woman who sent an agent, Reuven, to purchase a courtyard for her from one of her relatives, Shimon. Shimon, the seller, said to Reuven, the agent: "If I acquire funds, so and so, my relative, should return this property to me."
Reuven answered him: "You and so and so are relatives. You are so close, you are like brother and sister" - i.e., it is as if he were saying, "It is very likely that she will return it to you, and that she will not show concern about such a matter."
Afterwards, the matter was brought to the Sages, and they ruled that the agent did not purchase anything. For the relative selling the field did not rely on the agent's words, since they were not a clear reply. Therefore, the seller did not make a final decision to transfer ownership. Similar principles apply in other analogous situations.
Halacha 13
When a kinyan confirming an asmachta is made in a prominent court, it is considered as binding. This applies, provided the person involved entrusts the legal documents involved to the court, and provided he is not acting under duress.
Halacha 14
What is implied? A person entrusted his promissory note or his receipt to the court and engages in a kinyan, stating that if he does not come by such and such a date, the promissory note should be given to the other litigant. If the date arrives without the person's coming, the note should be given. If he was prevented from coming by a river or by illness, the promissory note should not be given to the other litigant. Similar principles apply in all analogous situations, provided that this is done in the presence of a prominent court.
Halacha 15
When a person undertakes a financial obligation to another person without making any stipulation, he becomes liable although he did not owe that person anything previously. He is giving him a present; this is not an asmachta.
What is implied? A person tells witnesses: "Serve as witnesses that I owe so and so a maneh," he composes a legal document that states that he owes the other person a maneh even though it is not observed by witnesses, or he told the other person in the presence of witnesses: "I owe you a maneh as recorded in a legal document." In the latter circumstance, even though he did not tell the witnesses to serve as witnesses, since he said "as recorded in a legal document," it is as if he told them: "Serve as witnesses that I am obligated."
Even though both parties admit - and the witnesses know - that the giver did not owe the recipient anything, he accepted an obligation on himself and becomes liable, as a guarantor does. The majority of the geonim ruled in this manner.
Halacha 16
The following rules apply when a person accepts an obligation on himself that is unlimited in nature - e.g., he says: "I obligate myself to feed you..." or "...to clothe you for five years." Even though he affirms his commitment to the recipient with a kinyan, he is not liable. For this resembles a present, and yet there is no specific and known entity that is being given as a present. My masters ruled in this manner.
Halacha 17
If so, why is a person who makes a commitment to his wife to provide food for her daughter from a previous marriage obligated to provide for her? Because he made this commitment at the time of their marriage. And the matter resembles entities that are acquired although only a verbal commitment is made.
Halacha 18
When the sages of Spain desired to make a kinyan with regard to an asmachta, they would adhere to the following guidelines: They would establish a kinyan with one party that he is obligated to the other party one hundred zuz. After he has undertaken such an obligation, a kinyan is made with the person to whom he indebted himself, that as long as this and this condition prevails or if he does such and such, the obligation is waived, effective retroactively to the time of the agreement, but that if this condition does not prevail or if he does not do such and such, he will sue him for the payment of the money for which he obligated himself.
This is the procedure that is followed in all stipulations that are made between a man and his wife with regard to engagements and other similar matters.
Mechirah - Chapter Twelve
Halacha 1
It is forbidden for a seller or a purchaser to take unfair advantage of a colleague, as Leviticus 25:14 states: "When you sell an entity to your colleague or purchase an entity from a colleague, one man should not take unfair advantage of his brother."
Even though such a person transgresses a negative commandment, he is not punished by lashes, because the funds can be returned. Whether the person intentionally deceived his colleague or did not know that this transaction involved taking unfair advantage, he is obligated to pay the unwarranted gain.
Halacha 2
How much unfair gain must there be in a transaction for the one who profits to be required to return it? An even sixth.
What is implied? If a person sold an article worth six zuz for five, or for seven, or one worth five zuz for six, or one worth seven zuz for six, it is considered to be unfair gain. The transaction is completed, and the person who profited is required to return the entire amount of unfair gain to the one who suffered the loss.
Halacha 3
If the unfair gain was even the slightest amount less than that - e.g., the person sold an article worth sixty dinarim for fifty dinarim and a p'rutah, he is not required to return anything. For it is common for people to waive any loss less than one sixth of the article's value.
Halacha 4
If the unfair gain was even the slightest amount more than one sixth - e.g., one sold an object worth 60 dinarim for 50 minus a p'rutah, the transaction is nullified. The purchaser may return the object without the transaction being completed at all.
The person who took the unfair gain, however, is not entitled to retract if the purchaser desires and seeks to maintain possession of the article, even though the transaction is nullified. The person who received the unfair gain is not obligated to return it unless the unfair gain exceeds a p'rutah. If the unfair gain was exactly a p'rutah], he is not obligated to return it, because the laws of ona'ah do not apply with regard to a p'rutah.
Halacha 5
Until when does the purchaser have the right to demand the return of the unfair gain or the nullification of the transaction? Until he has time to show the article to a merchant or to a relative. If he waits longer, even if he purchased an article worth 100 zuz for 200, he may not nullify the transaction.
Halacha 6
With regard to whom does the above apply? To a purchaser. For the article he purchased is in his possession, and it is common for him to show it to others.
The seller, by contrast, always has the opportunity to demand the return of the unfair gain. Needless to say, this applies with regard to the nullification of the sale. For he does not know the correct price of the article he sold until he sees a comparable article being sold. Accordingly, if the merchandise was a standard article that does not vary -e.g., peppers, or the like - he is given merely the time it takes to check the current market price.
Halacha 7
Similarly, if it is known that an article comparable to the one he sold came into the seller's possession, he realized that he had erred regarding the initial sale, but he did not protest, he can no longer protest, for he has already waived his claim.
Halacha 8
Just as the laws of ona'ah apply with regard to an ordinary person, so too, they apply with regard to a merchant, although he is knowledgeable concerning prices.
Just as the laws of ona'ah apply with regard to produce and animals, so too, they apply with regard to coins.
Halacha 9
What is implied? If a golden dinar was valued at 24 silver dinarim, and it was exchanged for 20 dinarim or 28 dinarim, the unfair gain must be returned. If the unfair gain was more than that, the exchange is nullified. If it is less than that, it is considered as if the other party waived his right to that money.
Halacha 10
Similarly, if a sela was lacking a sixth of its weight, and sela'im were being exchanged by number, rather than by weight, the unfair gain should be returned.
Halacha 11
Until when is the recipient obligated to return a dinar or a sela'im large cities, the amount of time necessary to show the coin to a money-changer. In villages, where a money-changer is not frequently found, until the end of the week. The rationale is that only a money-changer recognizes sela'im, whether they are lacking, and their worth.
Similar concepts apply with regard to sellers of books, and sellers of gems and pearls. The purchaser has the right to retract if the seller took unfair advantage of him until he has time to show the article he purchased to a merchant who is expert in such matters, wherever such an expert may be found. For not everyone is expert in the appraisal of such matters.
Therefore, if there was no expert available in that country, and after a considerable amount of time the purchaser took the object to another place, or an expert came and stated that the price was in error, the purchaser may retract.
Halacha 12
The following rules apply when a person gives a sela that is lacking in weight to a colleague. Should he be able to identify it, even after twelve months, the recipient may return it. If it will be accepted as currency, albeit with difficulty, the recipient may not return it after a lengthy time has passed, unless the giver accepts it as an expression of commitment beyond the measure of the law.
Halacha 13
The following rules apply in a situation where a person sold a colleague an article worth four zuz for five. As mentioned above, ordinarily, the transaction would be nullified. In this instance, however, before the purchaser had the opportunity to show the article to a merchant or to a relative, its price rose to seven zuz. The purchaser has the right to retract, and not the seller. For the purchaser will tell the seller: "If you had not taken unfair advantage of me, you would not have the right to retract. Now, because you have taken unfair advantage, do you think you should have the right to retract? Should a sinner receive reward?"
Halacha 14
Similarly, if one sold an object worth five zuz for four, and then its value decreased to three, the seller has the right to retract and not the purchaser. For the seller will tell the purchaser: "By deceiving me, you did not gain the right to retract."
Halacha 15
If a person sold an article worth five zuz for six, and before the purchaser had the opportunity to show the article to a merchant, its value increased to eight, the seller is obligated to return the zuz of unfair gain. For the transaction is completed and the seller is obligated to reimburse the purchaser for the unfair gain. When the article increased in value afterwards, it increased in value while in the possession of the purchaser.
Similarly, if a person sold an article worth six zuz for five and its value decreased to three, the purchaser is obligated to return the zuz of unfair gain. For the transaction is completed, and the article decreased in value while in the possession of the purchaser.
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Hayom Yom:
Thursday, 8 Tishrei 5775 • 2 October 2014

"Today's Day"
Thursday, Tishrei 8, 5704
Torah lessons: Chumash: B'racha, Chamishi with Rashi.
Tehillim: 44-48. Also 109-111.
Tanya: Furthermore, (in addition (p. 507)..malchut of Atzilut) (p. 509).
A resume of the fifth method:
H - Hatznei'a..., "Walk discreetly with your G-d,"1. One must take care not to be conspicuous or ostentatious in the slightest. It is said "Man should always be artful in piety."2 The artfulness lies in seeing that his piety not be noticed at all. We know that a number of the early chassidim concealed their true selves, and when discovered were sincerely distressed. This is the avoda of teshuva that comes from hatznei'a lechet, being discreet.
FOOTNOTES
1. Micha 6:8.
2. Brachot 17a.
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Daily Thought:

Still Rock Bottom
Sometimes reaching higher is not enough. Sometimes you need to touch the very core of your soul. And there are two ways to do that:
One is by hitting rock bottom.
The other is by realizing that as high as you may have climbed, relative to where you really belong, this is still rock bottom.[Maamar Vekibel Hayehudim 5738.]
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