Chabad - Today in Judaism - TODAY IS: Friday, 14 Cheshvan 5775 • 7 November 2014

Chabad - Today in Judaism - TODAY IS: Friday, 14 Cheshvan 5775 • 7 November 2014
Today's Laws & Customs:

Today in Jewish History:
DAILY QUOTE:
The whole point of Chassidism is that one should change the nature of one's character traits(Rabbi Schneur Zalman of Liadi)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Vayeira, 6th Portion Genesis 21:22-21:34 with Rashi
• Chapter 21
22. Now it came to pass at that time, that Abimelech and Phicol his general said to Abraham, saying, "God is with you in all that you do. כב. וַיְהִי בָּעֵת הַהִוא וַיֹּאמֶר אֲבִימֶלֶךְ וּפִיכֹל שַׂר צְבָאוֹ אֶל אַבְרָהָם לֵאמֹר אֱלֹהִים עִמְּךָ בְּכֹל אֲשֶׁר אַתָּה עֹשֶׂה:
God is with you: Because they saw that he had come out of the region of Sodom unscathed, and that he had fought with the kings and they fell into his hand, and that his wife was remembered [with a child] in his old age. — [from Gen. Rabbah 54:2]
א-להים עמך: לפי שראו שיצא משכונת סדום לשלום, ועם המלכים נלחם ונפלו בידו, ונפקדה אשתו לזקוניו:
23. And now, swear to me here by God, that you will not lie to me or to my son or to my grandson; according to the kindness that I have done with you, you shall do with me, and with the land wherein you have sojourned." כג. וְעַתָּה הִשָּׁבְעָה לִּי בֵאלֹהִים הֵנָּה אִם תִּשְׁקֹר לִי וּלְנִינִי וּלְנֶכְדִּי כַּחֶסֶד אֲשֶׁר עָשִׂיתִי עִמְּךָ תַּעֲשֶׂה עִמָּדִי וְעִם הָאָרֶץ אֲשֶׁר גַּרְתָּה בָּהּ:
or to my son or to my grandson: Thus far is a father’s compassion for his son. — [from Gen. Rabbah 54:2]
ולניני ולנכדי: עד כאן רחמי האב על הבן:
according to the kindness that I have done with you, you shall do with me: when I said to you (above 20:15):“Here is my land before you.” - [from Gen. Rabbah 54:2]
כחסד אשר עשיתי עמך תעשה עמדי: שאמרתי לך (לעיל כ טו) הנה ארצי לפניך:
24. And Abraham said, "I will swear." כד. וַיֹּאמֶר אַבְרָהָם אָנֹכִי אִשָּׁבֵעַ:
25. And Abraham contended with Abimelech about the well of water that the servants of Abimelech had forcibly seized. כה. וְהוֹכִחַ אַבְרָהָם אֶת אֲבִימֶלֶךְ עַל אֹדוֹת בְּאֵר הַמַּיִם אֲשֶׁר גָּזְלוּ עַבְדֵי אֲבִימֶלֶךְ:
And Abraham contended with Abimelech: Heb. הוֹכִיח ַאֶת. He disputed with him concerning this. — [from Targum Jonathan]
והוכח: נתוכח עמו על כך:   
26. And Abimelech said, "I do not know who did this thing, neither did you tell me, nor did I hear [of it] until today. " כו. וַיֹּאמֶר אֲבִימֶלֶךְ לֹא יָדַעְתִּי מִי עָשָׂה אֶת הַדָּבָר הַזֶּה וְגַם אַתָּה לֹא הִגַּדְתָּ לִּי וְגַם אָנֹכִי לֹא שָׁמַעְתִּי בִּלְתִּי הַיּוֹם:
27. And Abraham took flocks and cattle, and gave them to Abimelech, and they both formed a covenant. כז. וַיִּקַּח אַבְרָהָם צֹאן וּבָקָר וַיִּתֵּן לַאֲבִימֶלֶךְ וַיִּכְרְתוּ שְׁנֵיהֶם בְּרִית:
28. And Abraham placed seven ewe lambs by themselves. כח. וַיַּצֵּב אַבְרָהָם אֶת שֶׁבַע כִּבְשׂת הַצֹּאן לְבַדְּהֶן:
29. And Abimelech said to Abraham, "What are these seven ewe lambs, which you have placed by themselves?" כט. וַיֹּאמֶר אֲבִימֶלֶךְ אֶל אַבְרָהָם מָה הֵנָּה שֶׁבַע כְּבָשׂת הָאֵלֶּה אֲשֶׁר הִצַּבְתָּ לְבַדָּנָה:
30. And he said, "For these seven ewe lambs you shall take from my hand, in order that it be to me for a witness that I dug this well." ל. וַיֹּאמֶר כִּי אֶת שֶׁבַע כְּבָשׂת תִּקַּח מִיָּדִי בַּעֲבוּר תִּהְיֶה לִּי לְעֵדָה כִּי חָפַרְתִּי אֶת הַבְּאֵר הַזֹּאת:
in order that it be to me: [In order that] this [be for me].
בעבור תהיה לי: זאת:
for a witness: Heb. לְעֵדָה, an expression of testimony in the feminine form, like (below 31:52):“and the monument is a witness (וְעֵדָה).”
לעדה: לשון עדות של נקבה, כמו (להלן לא נב) ועדה המצבה:
that I dug this well: Abimelech’s shepherds were contending about it and saying,“ We dug it.” They agreed among themselves that whoever would appear beside the well and the water would rise toward him-it [the well] was his. And they [the waters] rose toward Abraham.
כי חפרתי את הבאר: מריבים היו עליה רועי אבימלך ואומרים אנחנו חפרנוה, אמרו ביניהם כל מי שיתראה על הבאר ויעלו המים לקראתו שלו הוא, ועלו לקראת אברהם:  
31. Therefore, he named that place Beer sheba, for there they both swore. לא. עַל כֵּן קָרָא לַמָּקוֹם הַהוּא בְּאֵר שָׁבַע כִּי שָׁם נִשְׁבְּעוּ שְׁנֵיהֶם:
32. And they formed a covenant in Beer-sheba, and Abimelech and Phicol his general arose, and they returned to the land of the Philistines. לב. וַיִּכְרְתוּ בְרִית בִּבְאֵר שָׁבַע וַיָּקָם אֲבִימֶלֶךְ וּפִיכֹל שַׂר צְבָאוֹ וַיָּשֻׁבוּ אֶל אֶרֶץ פְּלִשְׁתִּים:
33. And he planted an eishel in Beer-Sheba, and he called there in the name of the Lord, the God of the world. לג. וַיִּטַּע אֵשֶׁל בִּבְאֵר שָׁבַע וַיִּקְרָא שָׁם בְּשֵׁם יְהֹוָה אֵל עוֹלָם:
an eishel: Heb. אֵשֶׁל [There is a dispute between] Rav and Samuel. One says that it was an orchard from which to bring fruits for the guests at the meal, and one says that it was an inn for lodging, in which there were all sorts of fruits. We find the expression of planting (נְטִיעָה) used in conjunction with tents, as it is written (Dan. 11:45):“And he will pitch (וְיִטַע) his palatial tents.” - [from Sotah 10a, Gen. Rabbah 54:6]
אשל: רב ושמואל, חד אמר פרדס להביא ממנו פירות לאורחים בסעודה, וחד אמר פונדק לאכסניא ובו כל מיני פירות. ומצינו לשון נטיעה באהלים, שנאמר (דניאל יא מה) ויטע אהלי אפדנו:
and he called there, etc: By means of that “eishel” , the name of the Holy One, blessed be He, was called “God of the whole world.” After they would eat and drink, he would say to them, “Bless the One of Whose [food] you have eaten. Do you think that you have eaten of my [food]? [You have eaten of the food] of the One Who spoke and the world came into being!” - [from Sotah 10a, Gen. Rabbah 54:6]
ויקרא שם וגו': על ידי אותו אשל נקרא שמו של הקב"ה אלוה לכל העולם. לאחר שאוכלים ושותים אומר להם ברכו למי שאכלתם משלו, סבורים אתם שמשלי אכלתם, משל מי שאמר והיה העולם אכלתם:
34. And Abraham dwelt in the land of the Philistines for many days. לד. וַיָּגָר אַבְרָהָם בְּאֶרֶץ פְּלִשְׁתִּים יָמִים רַבִּים:
for many days: more than those in Hebron. In Hebron he spent twenty-five years, and here twenty-six. For he was seventy-five years old when he left Haran. That year, (above 13:18): “and he came, and he dwelt in the plain of Mamre [in Hebron].” For we do not find prior to this that he settled anywhere but there, for everywhere, he was a wayfarer, camping and continually traveling, as it is stated (ibid. 12:6): “And Abram passed” ; (ibid. verse 8): “And he moved from there” ; (ibid. verse 10): “And there was a famine in the land, and Abram descended to Egypt.” In Egypt he spent only three months, because Pharaoh sent him away. Immediately, (ibid. 13:3): “And he went on his journeys” until (ibid. verse 18): “and he came, and he dwelt in the plain of Mamre, which is in Hebron.” There he dwelt until Sodom was overturned. Immediately, (ibid. 20:1): “Abraham traveled from there,” because of the disgrace caused by Lot, and he came to the land of the Philistines. He was ninety-nine years old, for on the third day of his circumcision, the angels came to him. This totals twenty-five years [from the year he left his father’s house and settled in Hebron until he came to the land of the Philistines]. It is written here [that he lived in the land of the Philistines]“many days” [meaning] more than the preceding [days in Hebron]. Scripture does not come to obscure but to clarify, for if they [the days in the land of the Philistines] exceeded [the days in Hebron] by two years or more, it would have stated so plainly. You must conclude that they did not exceed them by more than one year, hence twenty-six years [in the land of the Philistines]. He immediately left there and returned to Hebron, and that year preceded the binding of Isaac by twelve years. So it is explained in Seder Olam (ch. 1).
ימים רבים: מרובים על של חברון, בחברון עשה עשרים וחמש שנה וכאן עשרים ושש. שהרי בן שבעים וחמש שנה היה בצאתו מחרן, אותה שנה (לעיל יג יח) ויבא וישב באלוני ממרא, שלא מצינו קודם לכן שנתיישב אלא שם, שבכל מקומותיו היה כאורח חונה ונוסע והולך, שנאמר (שם יב ו) ויעבור אברם, (שם ח) ויעתק משם, (שם י) ויהי רעב בארץ, וירד אברם מצרימה, ובמצרים לא עשה אלא שלשה חדשים שהרי שלחו פרעה, מיד (שם יג ג) וילך למסעיו, עד (לעיל יג יח) ויבא וישב באלוני ממרא אשר בחברון, שם ישב עד שנהפכה סדום, מיד (שם כ א) ויסע משם אברהם מפני בושה של לוט ובא לארץ פלשתים, ובן תשעים ותשע שנה היה, שהרי בשלישי למילתו באו אצלו המלאכים, הרי עשרים וחמש שנה וכאן כתיב ימים רבים, מרובים על הראשונים, ולא בא הכתוב לסתום אלא לפרש, ואם היו מרובים עליהם שתי שנים או יותר היה מפרשם, ועל כרחך אינם יתירים יותר משנה הרי עשרים ושש שנה, מיד יצא משם וחזר לחברון, ואותה שנה קדמה לפני עקידתו של יצחק שתים עשרה שנים, כך שנויה בסדר עולם (פרק א):
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Daily Tehillim: Psalms Chapters 72 - 76
• Chapter 72
David composed this psalm for Solomon, praying that he be granted the wisdom to provide justice for the poor.
1. For Solomon. O God, impart Your justice to the king, and Your righteousness to the son of the king.
2. May he judge Your people with righteousness, Your poor with justice.
3. May the mountains bear peace to the nation, also the hills, in [reward for their] righteousness.
4. May he judge the nation's poor, save the children of the destitute, and crush the oppressor,
5. so that they will fear You as long as the sun [shines] and the moon endures, generation after generation.
6. May [his words] descend like rain upon cut grass, like raindrops that water the earth.
7. In his days may the righteous flourish, with much peace until the moon is no more.
8. And may he rule from sea to sea, and from the river until the ends of the earth.
9. May nobles kneel before him, and may his enemies lick the dust.
10. The kings of Tarshish and the islands will return tribute, the kings of Sheba and Seba will offer gifts.
11. All kings will bow to him, all nations will serve him;
12. for he rescues the needy one who cries out, the poor one who has no one to help him.
13. He pities the impoverished and needy, and saves the souls of the destitute.
14. He redeems their soul from deception and violence, and their blood is precious in his eyes.
15. He revives [the poor], and gives him of the gold of Sheba; and so [the poor] pray for him always, and bless him all day.
16. May there be abundant grain in the land, upon the mountaintops; may its fruit rustle like the [cedars of] Lebanon, and may [people] blossom from the city like the grass of the earth.
17. May his name endure forever; may his name be magnified as long as the sun [shines]. And all nations will bless themselves by him, they will praise him.
18. Blessed is the Lord God, the God of Israel, Who alone performs wonders.
19. Blessed is His glorious Name forever, and may the whole earth be filled with His glory, Amen and Amen.
20. The prayers of David, son of Jesse, are concluded
Chapter 73
This psalm addresses the question of why the righteous suffer while the wicked prosper, and prays for an end to our long exile. Read, and you will find repose for your soul.
1. A psalm by Asaph. Truly God is good to Israel, to the pure of heart.
2. But as for me, my feet nearly strayed; in an instant my steps would have been swept aside.
3. For I envied the revelers when I saw the tranquility of the wicked.
4. For there are no bonds1 to their death, and their health is sound.
5. They have no part in the toil of men, nor are they afflicted like other mortals;
6. therefore they wear pride as a necklace; their bodies are enwrapped in violence.
7. Their eyes bulge from fat; they surpassed the fantasies of their heart.
8. They consume [others], and talk wickedly of oppression-from on high do they speak.
9. They set their mouths against Heaven, while their tongues walk upon the earth.
10. Therefore His people return here,2 and suck the full [cup of bitter] waters.
11. And they say, "How can it be that God knows? Is there knowledge in the Most High?”
12. Behold these are the wicked, and they are ever tranquil, they have gained much wealth.
13. Surely in vain have I purified my heart, and washed my hands in cleanliness;
14. for I was afflicted all day, and my rebuke came each morning.
15. Were I to say, "I shall tell it like it is," behold I would turn the generation of Your children to rebels.
16. And when I pondered to understand this, it was unjust in my eyes;
17. until I came to the sanctuaries of God, and perceived their end.
18. Only on slippery places do You set them, You cast them into darkness.
19. How they have become desolate in an instant! They came to an end, they were consumed by terrors,
20. like a dream upon awakening. O my Lord, disgrace their image in the city.
21. When my heart was in ferment, and my mind was sharpened,
22. I was a boor and did not understand, like an animal was I with You.
23. Yet I was always with You; You held my right hand.
24. Guide me with Your counsel, and afterward, receive me with honor.
25. Whom do I have in heaven [besides You]? And when I am with You I desire nothing on earth.
26. My flesh and my heart yearn; God is the rock of my heart and my portion forever.
27. For behold, all those who are far from You perish, You cut down all who stray from You.
28. But as for me, the nearness of God is my good; I have put my trust in my Lord, God, that I may recount all Your works.
Chapter 74
The psalmist mourns and weeps over all the synagogues and study halls that have been burned: the Philistines destroyed the Tabernacle of Shiloh; Nebuchadnezzar destroyed the first Temple. We have been in exile for so long, without seeing any signs of redemption! When will the redemption come? Read, and you will find lamentation and consolation.
1. A maskil1 by Asaph. Why, O God, have You abandoned us forever, does Your wrath fume against the sheep of Your pasture?
2. Remember Your congregation which You acquired long ago, the tribe of Your inheritance whom You redeemed [and brought to] Mount Zion, where You rested Your Presence.
3. Lift Your steps to inflict eternal ruin, because of all the evil done by the enemy in the Sanctuary.
4. Your foes roared in the midst of Your meeting place; they considered their omens to be [genuine] signs.
5. The axes in the thicket of trees2 were reckoned as bringing [an offering] to the Above.
6. And now, all her ornaments together are smashed by hammer and hatchet.
7. They set Your Sanctuary on fire; they desecrated the Abode of Your Name to the ground.
8. Their rulers thought together in their hearts; they burned all the meeting places of God in the land.
9. We have not seen our signs; there is no longer a prophet, and there is none among us who knows how long.
10. How long, O God, will the adversary disgrace, will the enemy blaspheme Your Name forever!
11. Why do You withdraw Your hand, even Your right hand? Cast it out from within Your bosom!
12. For God is my King from long ago, working salvations in the midst of the earth.
13. In Your might, You divided the sea; You shattered the heads of the sea-monsters on the waters.
14. You crushed the heads of the Leviathan,3 leaving him as food for the nation [wandering in] the wilderness.
15. You split [the rock, bringing forth] fountain and brook; You dried up mighty streams.
16. Yours is the day, the night is also Yours; You established the moon and the sun.
17. You set all the boundaries of the earth; summer and winter-You created them.
18. Remember this, how the enemy reviled the Lord, and the vile nation blasphemed Your Name.
19. Do not give the soul of Your turtledove to the wild beast; do not forget the life of Your poor forever.
20. Look to the covenant, for the dark places of the earth are filled with dens of violence.
21. Do not turn back the oppressed in disgrace; [then] the poor and needy will praise Your Name.
22. Arise, O God, champion Your cause; remember Your insults from the perverse all day long.
23. Forget not the voice of Your adversaries; the tumult of Your opponents ascends always.
Chapter 75
How great is Israel! During their holidays they do not engage in frivolity, but in song and praise, and the study of the holiday's laws. Also, when they proclaimed (at the giving of the Torah), "We will do and we will hear!" they allowed the world to remain in existence. This psalm also admonishes those who indulge in worldly pleasures and attribute their prosperity to their own efforts.
1. For the Conductor, a plea not to be destroyed. A psalm by Asaph, a song.
2. We gave thanks to You, O God, we gave thanks; and Your Name was near [when] they1 told of Your wonders.
3. When I choose the appointed time, I will judge with fairness.
4. When the earth and all its inhabitants were melting, I established its pillars forever.
5. I said to the perverse, "Do not pervert [Israel]," and to the wicked, "Do not raise your pride.”
6. Do not raise your pride heavenward, nor speak with an arrogant neck
7. For not from the east or the west, nor from the desert does greatness come.
8. For God is Judge; He humbles one, and elevates the other.
9. For there is a cup [of punishment] in the hand of the Lord, with strong wine of full mixture; He pours from this, and all the wicked of the earth will drink, draining even its dregs.
10. But as for me, I will tell of it forever; I will sing to the God of Jacob.
11. I will cut off all glory of the wicked, but the glory of the righteous will be raised up.
Chapter 76
This psalm contains the prophecy of when the vast army of Sennacherib was seized with a deep slumber that rendered the hands of the soldiers powerless to raise their weapons; thus did they all fall in battle.
1. For the Conductor, with instrumental music, a psalm by Asaph, a song.
2. God is known in Judah, His Name is great in Israel.
3. His Tabernacle was in Shalem,1 and His dwelling place in Zion.
4. There He broke the flying arrows of the bow, the shield, the sword and battle-forever.
5. You are illumination, mightier than the mountains of prey.
6. The stout-hearted were without sense, they slept their sleep, and all the warriors were unable to find their strength.
7. At Your rebuke, O God of Jacob, chariot and horse were stunned.
8. You, awesome are You! Who can stand before You once You are enraged.
9. From heaven You let the verdict be heard; the earth feared and was still,
10. when God rose to pass judgement, to save all the humble of the earth forever.
11. The anger of man will cause us to thank You;2 You will restrain the residue of wrath.
12. Make vows to the Lord your God and fulfill them; all who surround Him will bring tribute to the Awesome One.
13. He cuts down the spirit of nobles; He is awesome to the kings of the earth.
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Tanya: Iggeret HaKodesh, middle of Epistle 27
• Lessons in Tanya
• Today's Tanya Lesson
Friday, 14 Cheshvan 5775 • 7 November 2014
Iggeret HaKodesh, middle of Epistle 27
והנה, בהיות הצדיק חי על פני האדמה, היו שלש מדות אלו בתוך כלי ולבוש שלהם
Now, while the tzaddik was alive on earth, these three attributes were contained in their vessel and garment
בבחינת מקום גשמי, שהיא בחינת נפש הקשורה בגופו
on the plane of physical space, this being the aspect of the Nefesh which is bound to his body.
וכל תלמידיו אינם מקבלים רק הארת מדות אלו, וזיון
During his lifetime his disciples all receive only a reflection of these attributes, and a ray from them
המאיר חוץ לכלי זה, על ידי דבוריו ומחשבותיו הקדושים
that radiates beyond this vessel (i.e., the tzaddik’s body) by means of his holy utterances and thoughts.
The tzaddik’s utterances and thoughts are able to reveal no more than a minor ray of his attributes.
ולכן אמרו רז״ל, שאין אדם עומד על דעת רבו וכו׳
That is why our Sages, of blessed memory, said1 that “one cannot plumb the depth of his master’s teachings [until the passage of forty years].”
אבל לאחר פטירתו, לפי שמתפרדים בחינת הנפש שנשארה בקבר מבחינת הרוח שבגן עדן, שהן שלש מדות הללו
But after [the tzaddik’s] passing, since the Nefesh — which remains in the grave — is separated from the Ruach, which comprises these three attributes and [after his passing] is in the Garden of Eden,
The three attributes, now unbounded by the body, are in the Garden of Eden, a spiritual space whose atmosphere surrounds every individual in this world, as the Alter Rebbe will presently explain.
לפיכך יכול כל הקרוב אליו לקבל חלק מבחינת רוחו שבגן עדן
whoever is close to him can receive a part of his Ruach which is in the Garden of Eden, i.e., an actual part of the very essence of these attributes, as opposed to a mere reflection of them,
הואיל ואינה בתוך כלי, ולא בבחינת מקום גשמי
because [the Ruach of the tzaddik] is [now] not within a vessel, nor on the plane of physical space, but in the Garden of Eden, which as will now be explained, is to be found within this world as well.
כנודע מאמר רז״ל על יעקב אבינו, עליו השלום, שנכנס עמו גן עדן
For, as is known, our Sages,2 of blessed memory, said of our father Jacob, peace be to him, that “the Garden of Eden entered with him” when he came to be blessed by his father Isaac.
וכן כתוב בספר עשרה מאמרות, שאויר גן עדן מתפשט סביב כל אדם
Likewise it is stated in Asarah Maamarot3 that the atmosphere of the Garden of Eden envelops every individual,
ונרשמים באויר זה, כל מחשבותיו ודבוריו הטובים בתורה ועבודת ה׳
and in this atmosphere are recorded all his good thoughts and utterances of Torah and divine worship;
(וכן להיפך, חס ושלום, נרשמים באויר המתפשט מגיהנם סביב כל אדם)
(4and likewise to the contrary, heaven forfend: [negative thoughts and utterances] are recorded in the atmosphere from Gehenna which envelops every individual [when he engages in them].
To summarize: After the tzaddik’s passing, his power and his faith, his awe and his love, are not limited by his bodily vessel and by the physical world in general, but are in the Garden of Eden, which is to be found in this world as well.
הלכך נקל מאד לתלמידיו לקבל חלקם מבחינת רוח רבם העצמיות, שהם אמונתו ויראתו ואהבתו אשר עבד בהם את ה׳
It is therefore very easy for his disciples to receive their part of the essential aspects of their master’s Ruach, i.e., his faith, his awe and his love with which he served G‑d,
ולא זיוום בלבד המאיר חוץ לכלי
and not merely a glimmer thereof which radiates beyond the vessel, and which reached them through his thoughts and words when the tzaddik was still alive.
לפי שבחינת רוחו העצמית מתעלה, בעילוי אחר עילוי
For the essential aspect of his Ruach — his essential faith, awe and love that relate to himself and not to his disciples — is raised, elevation beyond elevation,
להכלל בבחינת נשמתו שבגן עדן העליון, שבעולמות העליונים
to become absorbed in his Neshamah which is in the Higher Garden of Eden, in the supreme worlds.
ונודע שכל דבר שבקדושה אינו נעקר לגמרי מכל וכל ממקומו ומדרגתו הראשונה, וגם לאחר שנתעלה למעלה למעלה
Now it is known5 that no holy entity is ever totally and utterly uprooted from its original place and level, even after it has reached the highest point.
Rather, some trace of it always remains in its original lowly location. Moreover, as noted above, the Lower Garden of Eden is to be found even in the lowly World of Asiyah.
ובחינה זו הראשונה, שנשארה למטה בגן עדן התחתון, במקומו ומדרגתו הראשונה
Thus it is this original aspect deriving from the Ruach of the tzaddik, remaining below in the Lower Garden of Eden in its original place and level,
היא המתפשטת בתלמידיו
which extends itself among his disciples,
For this aspect has detached itself from the essential aspect of the Ruach of the tzaddik; its entire purpose is to be vested within his disciples.
כל אחד לפי בחינת התקשרותו וקרבתו אליו, בחייו ובמותו, באהבה רבה
each one according to the level of his bond and closeness to [the tzaddik], during his lifetime and after his passing, out of an abounding love.
כי המשכת כל רוחניות אינה אלא על ידי אהבה רבה
For anything spiritual is elicited only by means of an abounding love.
And when this degree of love is present, the three attributes of faith, fear and love are then drawn down.
כמו שכתוב בזהר הקדוש, דרוח דרעותא דלבא אמשיך רוח מלעילא
Thus it is stated in the sacred Zohar6 that the spirit (Ruach) of the inner heart’s desire, elicits a spirit from above —
So, too, the disciple’s heartfelt love for his master draws down these three attributes —
רק אם יכון לקראת אלקיו, בהכנה רבה ויגיעה עצומה
but only if he will prepare himself towards his G‑d7 with a great preparation and intense effort,
As explained by an unnamed elder chassid quoted in Likkutei Haggahot, “great preparation” refers to the preparation of the soul; “intense effort” refers to the toil of the body.
לקבל שלש מדות הללו כדרך שהורהו רבו, וכמאמר רז״ל: יגעת ומצאת, תאמין
so that he will receive these attributes in the way that his master taught him. [To paraphrase] the words of our Sages, of blessed memory,8 “If you have labored and [claim to have] found, believe it.”
As explained by the Rebbe Rayatz,9 “Only if he will prepare himself towards his G‑d with a great preparation and intense effort,” means that every man’s task is to vest this faith, awe and love within his physical everyday life in his observance of Torah and mitzvot.
It would also seem from the continuation of his explanation, that the meaning of “If you have labored..., believe it,” is that the individual then gains a great deal more than what he actually labored for, very much like an unexpected find. Through his toil, “successive generations of offshoots” are bound up with their source within the “essential aspect of [the master’s] Ruach (i.e., his essential faith, awe and love that relate to himself and not to his disciples) [which] is raised, elevation beyond elevation, to become absorbed in his Neshamah which is in the Higher Garden of Eden, in the supreme worlds.” The disciples of the tzaddik thus benefit not only from his Ruach insofar as it remained in the Lower Garden of Eden, but also from his essential Ruach that was incorporated within his Neshamah that is found in the Higher Garden of Eden. Surely, this is a gain that far outstrips the individual’s effort. This level of energy, as the Rebbe Rayatz concludes, is not integrated internally within his disciples, but merely encompasses them in a transcendent manner. Nevertheless, it is so powerful that it enables even their “successive generations of offshoots” to produce unending generations of further offshoots.
The Rebbe Rayatz also states there that by toiling in the path that was handed down by their master, disciples cause his spiritual life of faith, awe and love to descend into the practicalities of their own divine service, Torah study and observance of the mitzvot. Through these labors, moreover, even the further disciples who are his “successive generations of offshoots” become connected with their source in the constantly ascending Ruach and Neshamah of the tzaddik who is in the Higher Garden of Eden.
* * *
FOOTNOTES
1. Avodah Zarah 5b; Rashi on Devarim 29:6.
2. Bereishit Rabbah 65:22; Zohar III, 84a.
3. Maamar Chikur Din 2:12.
4. Parentheses are in the original text.
5. Pardes, Shaar 14, sec. 1; Etz Chayim, Shaar 34, sec. 3; et al.
6. Cf. Zohar II, 162b, et al.
7. Cf. Amos 4:12.
8. Cf. Megillah 6b.

9. The maamar entitled Pizar Natan LaEvyonim 5692.
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Rambam: 
Daily Mitzvah N237 Sefer Hamitzvot
Today's Mitzvah
Friday, 14 Cheshvan 5775 • 7 November 2014

Negative Commandment 237
Participation in a Loan in which Interest is Charged
"You shall not impose interest upon him"—Exodus 22:24.
We are forbidden from taking any active part in a loan that involves interest. We may not be the guarantor or witness for such a loan, nor may we act as the scribe who records it. (In addition to the prohibition against lending with interest, the lender transgresses this prohibition too).
Participation in a Loan in which Interest is Charged
Negative Commandment 237
Translated by Berel Bell
The 237th prohibition is that we are forbidden from being involved between the borrower and the lender in a loan with interest. We cannot act as guarantor for either one of them, testify for them, or write a document for them regarding their agreement involving interest.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not place interest upon him." In the words of tractate Bava Metzia:2 "The guarantor and witnesses only transgress the prohibition, 'Do not place interest upon him.' " There it is explained that the scribe has the same status as the guarantor and witnesses.
It is also explained there that this prohibition, "Do not place interest upon him" — although it refers to the intermediaries — also includes the lender. Therefore, one who lends money with interest transgresses six prohibitions:
1) "Do not press him for repayment."3
2) "Do not make him pay interest (neshech) for your money."4
3) "Do not make him pay interest (marbis) for your food."5
4) "Do not take interest from him."6
5) "Do not place interest upon him."7
6) "Do not place a stumbling block before the blind."8
Our Sages said there that: "The following transgress prohibitions: the lender, the borrower, the guarantor, and the witnesses. The Sages said: 'The scribe too.' They transgress 'do not make him pay,' 'do not take,' 'do not press him,' 'do not place,' and 'Do not place a stumbling block before the blind.' " Abaye said in the Gemara, "The lender transgresses all of them; the borrower — 'do not deduct' and 'do not place a stumbling block before the blind'; the guarantor and witnesses — 'do not place interest upon him.' "
When one transgresses this prohibition9 — if it is ribis k'tzutza (interest by Torah law) — the interest is taken away and given back to the one who paid it.
FOOTNOTES
1.Ex. 22:24.
2.75b.
3.Ibid.
4.Lev. 25:37.
5.Ibid.
6.Ibid., 25:36.
7.Ex. 22:24.
8.Lev. 19:14.
9.It would seem that this statement belongs to N235, since it speaks to the lender. See Kapach, 5731, footnote 8.
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Rambam:

• 1 Chapter a Day: Edut - Chapter 18
Edut - Chapter 18
Halacha 1
When a person delivered false testimony and witnesses testify to that fact, he is called an eid zomeim, "a conspiring witness."
It is a positive mitzvah to requite him in the manner in which he desired through his testimony to effect his colleague. If witnesses testify with regard to a transgression for which one is liable to be stoned to death and it is proved that they testified falsely, they are all stoned. If the transgression was punishable by being burned to death, they are burned to death. Similar laws apply with regard to other forms of capital punishment.
If they testified falsely with regard to a transgression punishable by lashes, each one of them is lashed as are all those obligated to be lashed. We estimate their capacity to bear the lashes and they are lashed. If they testified falsely to obligate the defendant to make a financial payment, we divide that amount according to the number of lying witnesses. Each witness must pay his share. The lying witnesses do not receive lashes when they are required to make financial reimbursement.
Halacha 2
When does the above apply? When the witnesses were disqualified through hazamah? When, however, the testimony of two pairs of witnesses contradict each other, both testimonies are of no consequence, but neither of them receives punishment, because we do not know which pair is lying.
What is the difference between testimony which is contradicted and testimony which is disqualified through hazamah? A contradiction concerns the testimony itself. One pair states: "This is what took place," and the other pair states: "It never took place," or that conclusion was obvious from his statements. Hazamah, by contrast, focuses on the witnesses themselves. The witnesses who disqualify them do not know whether the event happened or not.
What is implied? Witnesses come and say: "We saw so-and-so kill a person..." or "...lend money to so-and-so on this-and-this date in this-and-this place." After they testified and the testimony was investigated, two other witnesses came and said: "On that day, we were with you and with those people the entire day and those things never happened. He never killed him," or "...He never lent him." This is considered a contradiction.
Similarly, if witnesses say: "How can you testify in this manner. Either the murderer - or the victim or the borrower or the lender - were with us on that day in another city," the testimony is considered to be contradicted. This is as if they said: "So-and-so did not kill him..." or "So-and-so did not lend him, for they were together with us and this thing did not happen." Similar principles apply in all analogous situations.
If, however, the second pair of witnesses say: "We do not know if so-and-so killed so-and-so on this day in Jerusalem as you say or not. We are, however, testifying that you yourselves were with us in Babylon on that date," the first pair of witnesses are considered as zomeimim and they are executed or required to make financial restitution. The rationale is that the witnesses who disqualified them did not concern themselves with the testimony itself whether it was true or false, but with the presence of the witnesses in the place mentioned.
Halacha 3
The fact that the Torah accepted the word of the latter pair of witnesses instead of that of the first pair of witnesses is a Scriptural decree. Even if there were 100 in the first group of witnesses and two witnesses came and disqualified them all through hazamah, saying: "We testify that all 100 of you were together with us on this date in this place," the 100 witnesses are punished on the basis of their testimony. For two witnesses are equivalent to 100 and 100 are equivalent to two. Similarly, when two groups of witnesses contradict each other, we do not follow the majority instead, we nullify the testimony of both.
Halacha 4
There is no need for lying witnesses to be given a warning.
When the testimony of witnesses was first contradicted and ultimately, disqualified through hazamah, the lying witnesses are executed, lashed, or forced to make financial restitution. The rationale is that a contradiction is the first stage of hazamah. It is not, however, completed.
Halacha 5
The testimony of witnesses can be disqualified through hazamah only in their presence. It can, however, be contradicted outside their presence.
When the testimony of witnesses has been disqualified through hazamah outside the presence of the witnesses, it is considered to have been contradicted. Therefore if the witnesses who have been disqualified through hazamah die before the testimony disqualifying them is delivered in their presence, their testimony is nullified, for the two testimonies contradicted each other.
Halacha 6
When the testimony of witnesses in cases of capital punishment was contradicted, but was not disqualified through hazamah, they do not receive lashes. This is true, even if the person they testified was killed comes himself to court to prove the suspected murderer's innocence. The rationale is that the prohibition is punishable by execution. Hence, lashes are not given because of it. Nevertheless, the court has the witnesses beaten with stripes for rebellious conduct according to their perception of the severity of the matter.
Halacha 7
A public announcement must be made with regard to lying witnesses. What type of announcement is made? A proclamation is written and sent throughout every city: "So-and-so and so-and-so testified in this manner. They were disqualified through hazamah and executed," "...lashed in our presence," or "fined so-and-so many dinarim." The necessity for this is derived from Deuteronomy 19:20: "Those who remain shall hear and become fearful."
Halacha 8
The obligation of lying witnesses to make financial restitution when required is considered as a fine. Therefore, they are not required to pay when they admit their own guilt.
What is implied? The witnesses delivered testimony and their testimony was investigated by the court. Afterwards, they both admitted: "We delivered false testimony. This person does not owe the other person anything." Or they said: "We gave testimony concerning so-and-so with regard to this-and-this amount and we were disqualified through hazamah." They are not required to make restitution because of their own statements.
If, however, they said: "We gave testimony concerning so-and-so, we were disqualified through hazamah in the court of so-and-so and we were obligated to give him this-and-this amount," they are required to make financial restitution. For this is an admission of debt with regard to money that they were already sentenced to pay.
If one witness makes such statements, he is obligated to pay his portion.
____________________________
Rambam:
• 3 Chapters a Day: Malveh veLoveh Malveh veLoveh - Chapter 22, Malveh veLoveh Malveh veLoveh - Chapter 23, Malveh veLoveh Malveh veLoveh - Chapter 24
Malveh veLoveh - Chapter 22
Halacha 1
This is the order in which debts are collected: When the creditor brings his promissory note to the court and the authenticity of the witnesses' signatures are verified, we tell the borrower: "Pay." We do not attach his property until the creditor demands this. If a judge errs and gives the creditor access to the borrower's property before he demands it, we remove the creditor from it.
If the borrower responds: "I will pay. Establish a date for me, so that I will have time to borrow money from another person, offer my land as collateral, sell property and bring the money," we grant him 30 days. We do not require that he bring security to the court. For if he possessed movable property, the court would expropriate it immediately.
If the creditor desires, he may have a conditional ban of ostracism issued against anyone who possesses money or movable property and uses arguments to avoid payment. We do not require the borrower to bring a guarantor until he pays.
If the borrower has not brought payment when these 30 days are concluded, the court composes an adrachta. Similarly, if at the outset, when the lender demanded payment of him, he said: "I will not pay," we compose an adrachta against his property immediately and do not grant him any time. Similarly, if what is involved is a loan supported by a verbal commitment alone and the borrower admits his obligation, we compose an adrachta against the property that is presently in his possession.
Halacha 2
The following rules apply when the borrower claims: "The promissory note concerning which the signatures of the witnesses was validated is a forgery. I will bring proof and nullify the matter The witnesses are located in this and this place and their names are so-and-so and so-and-so." If it appears to the judges that there is substance to his words, a time is established in which he must bring his witnesses to court. If it appears to them that he is merely raising deceptive arguments and fallacious claims, they should tell him: "Pay." Afterwards, if he brings proof of his claim, the money should be returned to him.
If the creditor is a man of force and it is possible that the money will not be able to be recovered from him, it should be entrusted to a third party.
Halacha 3
When a time was established for the borrower to bring proof and nullify the promissory note, that time came and he did not come to court, we wait for three court sessions Monday, Thursday and Monday. If he does not come, we compose a peticha against him and place him under a ban of ostracism.
We give him a further respite of 90 days while he is under the ban of ostracism. The first 30, for perhaps he is seeking a loan, the middle 30, for perhaps he is seeking to sell property, and the final 30, for perhaps the person who purchased his property is seeking to bring him the money.
When these 90 days are completed and the borrower still does not appear in court, the court composes an adrachta against his property and releases him from the ban of ostracism.
Halacha 4
If the borrower lives within a two-day journey or less from the court, we do not compose an adrachta until we send messengers and inform him of this impending step. If he lives further away, it is not necessary to inform him.
When does the above apply? When throughout the entire 90 days he would procrastinate and say: "Just now, I will bring proof that nullifies the promissory note." If, however, he says: "I refuse to appear in court," we compose an adrachta against both his movable and his landed property immediately. Similarly, if a person is being sued on the basis of a legal document recording an object entrusted to him for safekeeping, we do not wait 90 days and instead, we compose an adrachta against his property immediately.
Halacha 5
The statements made above - that if the borrower does not come at the conclusion of the 90-day period we compose an adrachta - applies only with regard to landed property. With regard to movable property, by contrast, different rules apply. Even after 90 days, as long as the borrower says: "I will bring a proof and nullify the promissory note," we do not allow the lender to expropriate movable property.
The rationale is that the alleged lender might consume it and afterwards, the borrower will bring the proof that nullifies the promissory note, and then he will not find property belonging to the alleged lender that he can collect for repayment. This applies even if the lender possesses landed property, for perhaps that property will decrease in value or become dried out.
Halacha 6
How is the adrachta composed? If we are expropriating property that is in the borrower's possession, we write in that document:
"So-and-so was obligated by a judgment to pay so-and-so this amount. He has not made this payment on his own volition. Hence, we have composed this adrachta against this and this field that he possesses."
Afterwards, three experts evaluate a portion of that field equivalent in value to the debt that he owes, and its prospective sale is announced according to the appraisal until those who add to the estimation make their bids. If there are no buyers, we transfer ownership of that portion of the field to the creditor because of his debt and rip up the promissory note, if such a document existed. If there was no landed property in the borrower's possession, we compose the adrachta which states:
So-and-so undertook an obligation to so-and-so as recorded in the promissory note possessed by the creditor. The debtor has not paid this debt. We have not found property that is presently in the debtor's possession. We have already torn up the promissory note that the creditor possessed and have given him license to seek out and research whether there are any properties that the debtor sold from this and this date and onward, with the intent that his hand be raised over them. He has license to derive payment and expropriate his debt from all such properties.
Halacha 7
After this adrachta is composed, the lender goes and seeks property belonging or that once belonged to the borrower. If he finds property that is in his possession, they are evaluated for him. If he finds only property that has been sold after the date of his promissory note, he may expropriate it. We tear up the adrachta and write a tirpa.
Halacha 8
How is the tirpa composed? We write:
Because of the debt of this and this amount that so-and-so owes him, so-and-so won in court the right to expropriate this and this field that so-and-so purchased for this and this amount at this and this time. We have already torn up the adrachta that was in his possession, and we have given him license to expropriate this and this amount from this property.
Halacha 9
After the tirpa is written so that the lender may expropriate the property, we bring three experts to that field who evaluate that field and appraise how much of the field should be given to him for the principal and half of the field's increase in value, as explained. We then announce the property's sale for thirty days in the same manner as we announce the sale of property inherited by orphans.
Halacha 10
Afterwards, if the borrower is with us on the land, we require the borrower to take an oath that he is bankrupt, as ordained by our Sages. We also require the person expropriating the property to take an oath while holding a sacred object that he did not collect payment for this debt, that he did not waive payment of it, and that he did not sell it to another person. Afterwards, we give the lender possession of the purchaser's according to the assessment of the debt owed him, and we compose a horadah.
Halacha 11
How is this document composed? The judges write:
After we had an evaluation of the property made for so-and-so, because of the debt he was owed, we announced the sale of the property as is fitting, and we required both the person expropriating the property and the debtor to take the appropriate oaths, we have given so-and-so possession of this and this field. He may use it as a person uses property that he has acquired.
Halacha 12
From which time may the person who seeks to expropriate this property derive benefit from its produce? From the time the days of the announcement are completed.
Halacha 13
Whenever an adrachta does not state: "We have torn up the promissory note," it is not an acceptable adrachta. Whenever a tirpa does not state: "We have torn up the adrachta" it is not an acceptable tirpa. Whenever a shuma does not state: "We have torn up the tirpa," it is not an acceptable shuma.
Halacha 14
When three experts descend to evaluate a property, one evaluates it as worth a maneh and two evaluate it at 200 zuz, or one evaluates it at 200 zuz and the other two evaluate it as worth a maneh, the assessor who offers the lone opinion is considered insignificant.
If one assessor evaluates it as worth a maneh, another at 80 zuz, and the third at 120, it is considered to be worth 100. If one says 100, the second 90, and the third 130, it is considered worth 110. This is our pattern of evaluation.
Halacha 15
When the court evaluated property belonging to a purchaser on behalf of a person who sought to expropriate it and erred - even if the error was concerning the smallest amount - the sale if nullified. The rationale is that since the court is considered to be an agent of the person expropriating the property and the purchaser, they have permission to expedite the matter, but not to impair anyone's position as is the law applying to an agent. All of the Halachic authorities ruled in that manner.
Halacha 16
When the court evaluates and expropriates a property for a creditor -whether from property in the creditor's possession or property that was in the possession of a purchaser - and afterwards, the borrower, the person from whom the property was expropriated, or their heirs, acquires financial resources and pays the creditor his money, the creditor is removed from that landed property. For property that was evaluated and expropriated should always be returned to its owners, as mandated by Deuteronomy 6:18: "And you shall do what is just and good."
Halacha 17
When the court evaluates and expropriates a property for a creditor and then evaluates and expropriates a property for a creditor of that creditor, the original owner can redeem it. The legal power of the second creditor is no greater than that of the first.
When a creditor sold the property expropriated for him, gave it away as a present, gave it to his creditor voluntarily, or he died and the property was inherited, the original owner does not have the right to redeem it. If landed property was evaluated and expropriated for a woman and then she married, or property she owned was evaluated and expropriated from her and she married, her husband is considered to be a purchaser with regard to her property. He is not required to return it, nor must it be returned to him.
Malveh veLoveh - Chapter 23
Halacha 1
Promissory notes that are predated are invalid, because they will be used to expropriate property from purchasers in an unlawful manner. Accordingly, our Sages penalized the lender, ruling that he may expropriate only property in the debtor's possession with a predated promissory note. This is a decree, enacted lest he expropriate property from the first, earlier, date.
Halacha 2
Postdated promissory notes are acceptable. For the legal power of the possessor of the promissory note has been diminished, for the lender can expropriate only property from the date of the promissory note. Even if the document does not state that it was postdated, it is acceptable.
Halacha 3
When a promissory note is written during the day and signed in the night that follows it, it is unacceptable, because it is predated. If, however, the borrower and the lender were involved in negotiating the matter until night fell and then they signed, it is acceptable, even when the kinyan was made at night.
Halacha 4
When a promissory note is dated on the Sabbath or on the tenth of Tishrei, we assume that it was postdated and that it is acceptable. We do not suspect that perhaps it is predated and that it was written on Sunday or on the eleventh of Tishrei. Instead, we accept the presumption that the promissory note is acceptable. The rationale is that it is known that legal documents are not composed on the Sabbath. Therefore, it was postdated.
Halacha 5
We may compose a promissory note for the borrower even though he is not accompanied by the lender. We do not, however, compose a promissory note for the lender unless he is accompanied by the borrower.
When does the above apply? With regard to a promissory note that was affirmed by a kinyanJ For from the time the kinyan was carried out, the borrower's property was on lien. When, however, a promissory note was not affirmed by a kinyan, we do not compose the note even for the borrower, unless he is accompanied by the lender and he gives the note to the lender in our presence. The rationale is that we suspect that the borrower may have the document composed at this time so that he can take a loan in Nissan, but in fact the loan will not be given until Tishrei. Thus, the lender will be able to use this promissory note to expropriate property that was in the borrower's possession unlawfully from Nissan, although the promissory note did not enter his possession until Tishrei.
Halacha 6
The following rules apply when witnesses performed a kinyan with the borrower, the seller, or another person involved in a business agreement, but the composition of the legal document was delayed extensively. If they remembered the date on which the kinyan was established, they should write the date of the kinyan in the legal document, even though it was not the date that they signed the legal document. It is not necessary for them to state in the document: "Our signatures were delayed until this-and-this date." If the witnesses do not know the date on which the kinyan was performed, they should date the legal document from the day on which it was composed.
Similarly, witnesses who observed a business transaction in one country and composed a legal document in another country should not record the place where they observed the testimony in the legal document. Instead, they should record the place where they signed the legal document.
Halacha 7
When deeds of sale are not dated with the date of the transaction, even those that are postdated are not acceptable. The rationale is that the purchaser may use them to expropriate property in an unlawful manner.
What is implied? For example, the seller could have repurchased the field from the purchaser before the date of the postdated deed of sale. The purchaser could then produce the postdated deed of sale and say: "I returned and purchased it from you a second time." He could thus expropriate property from a purchaser unlawfully.
Why don't we harbor the same suspicions with regard to a postdated promissory note? It is possible that the borrower paid the lender before the date stated in the promissory note, the lender will write him a receipt, and then produce the promissory note and expropriate property unlawfully. We do not harbor such suspicions, because whenever a person composes a postdated promissory note, he can protect himself by having the receipt composed without a date. Thus, whenever the lender will produce the promissory note, the borrower can nullify it by producing this receipt. If the borrower did not do this and allowed the receipt to be composed dated the day when the debt was repaid, he caused himself a loss.
Halacha 8
When a person was compelled to sell his field against his will and issued a protest, or hurried and sold the field or gave it away to another person before he sold it to the person who compelled him to sell it, the money that the person who compelled him to sell it gave him is considered to be a loan supported by a verbal commitment alone. He may not use that deed of sale to expropriate any property that had been sold by the seller to others. This law was stated, because this deed of sale should not have been written, and it was written only under compulsion. Similar laws apply in all analogous situations.
Halacha 9
It is possible for a person to expropriate property without a legal document, merely on the basis of verbal testimony.
What is implied? If a person has witnesses who will testify that property was stolen from his father. He can expropriate the property on the basis of this testimony, although there is no legal document. Similarly, if witnesses testify that a judgment was concluded for his father to expropriate property from so-and-so, for this-and-this amount, at this-and-this time, and his father died without expropriating the property, the son may expropriate property on the basis of this testimony.
Halacha 10
Therefore, we should never compose two deeds of sale for the same property, lest the purchaser perpetrate deception together with the creditor and expropriate property unlawfully.
What is implied? This person will expropriate this field from the purchaser based on testimony that his father had the right to expropriate it. The purchaser will then use one deed of sale that he possesses to expropriate property from people who purchased property after he did from the borrower who sold him the property. The court will tear up the deed of sale that the initial purchaser possesses.
For the sake of deception, the person who expropriated the field will allow the purchaser to take possession of it again. He will then expropriate it again on the basis of the testimony of his witnesses. The purchaser will then produce the second deed of sale and expropriate property from other purchasers unlawfully.
If so, what should a person who has lost his deed of sale to a property do if the witnesses to the sale are still alive? A second deed of sale should be composed, saying: "This deed of sale may not be used to expropriate property that has been sold, or property that is in the possession of the seller. We have composed it only to establish so-and-so, the purchaser, as the owner of the field, so that the seller or his heirs cannot expropriate it from him."
Halacha 11
This principle does not apply with regard to promissory notes. Even though the witnesses to the loan are alive and entered into a kinyan with the borrower, if the lender returns immediately and tells the witnesses: "The promissory note that you composed for me is now lost or was burnt," they should not compose a second promissory note for him. 5 We suspect that the debt was paid or that he waived payment.
The above applies even if the loan was given for a period of time. The lender cannot collect any money on the basis of the testimony of these witnesses, unless the borrower states: "The loan was never given." In that instance, he is established as a liar through their testimony, as will be explained.
Halacha 12
When a promissory note in a person's possession is worn and it is beginning to become effaced, the lender should have witnesses look at it. He should then come to the court, and the court will validate it. The witnesses who signed the promissory note itself, however, may not compose another promissory note on their own initiative, even when the promissory note was blotted out in their presence. Instead, they should go to the court, and the court will validate the promissory note.
Halacha 13
How should this promissory note be validated? The court composes a new document that states: "We the court composed of so-and-so, so-and-so, and so-and-so, saw how so-and-so, the son of so-and-so, produced a promissory note that was effaced in our presence. It was dated on this-and-this date. So-and-so, and so-and-so are his witnesses."
If they composed such a document and required the testimony of the witnesses, and their testimony was corroborated, the lender may collect the debt with this document that was composed for him. No further validation is required.
If the court did not compose such a document ,56 if the debtor protests that the document is a forgery, the lender must also bring proof regarding the signatures of the original witnesses, so that their testimony will be validated.
Halacha 14
When a promissory note is torn, it is acceptable. If its wording is in the process of being rubbed out or muddled, as long as the form of the original letters are recognizable, it is acceptable.
If it is torn as the court tears a legal document, it is unacceptable. In which manner does the court tear a legal document? Both horizontally and vertically.
Halacha 15
The following laws apply when a person repays a portion of a debt recorded in a promissory note. If the lender desires, he may exchange the original promissory note, and the court composes a new document for him for the remainder of the debt, with the lien beginning on the original date. The witnesses to the original promissory note may not take this initiative. If he desires, he may write the borrower a receipt.
Halacha 16
When a person comes to pay his debt, and the lender tells him: "I lost my promissory note," the lender should compose a receipt for him and then the borrower should pay the entire debt. The borrower may, however, have a ban of ostracism issued against anyone who hides his promissory note and claims that it is lost.
If the borrower lodges a definite claim, saying: "The promissory note is in his possession. He just placed it in his pocket," my masters have ruled that the lender should take a sh'vuat hesset that the promissory note was lost. Afterwards, the borrower should pay the debt and a receipt should be composed.
Halacha 17
When a lender produces a promissory note for a maneh and asks that two promissory notes for 50 zuz be composed, we do not comply. The rationale is that it is of benefit for the borrower to have the entire debt recorded in a single promissory note. For if he pays him a portion of the debt, the legal power of the promissory note will be impaired.
Conversely, if the lender produced two promissory notes, each one for 50 zuz, and asks that one promissory note for 100 be composed, we do not comply. Instead, we validate both of them individually. The rationale is that it is of benefit for the borrower to have two promissory notes, so that the lender cannot compel him to pay the entire sum at one time.
Halacha 18
When a lender produces a promissory note for 100 zuz and says: "Tear it up and compose another promissory note for 50," we do not heed his request. We fear that perhaps the borrower repaid the entire amount, and the lender wrote a receipt for him. If the lender authenticated the new promissory note for 50 zuz and the borrower produced the receipt, he would tell the borrower: "This is another promissory note."
Malveh veLoveh - Chapter 24
Halacha 1
We have already explained that a promissory note concerning a loan that was affirmed by a kinyan may be composed for a borrower even when the lender is not together with him. Similarly, we compose a deed of sale for a seller even though the purchaser is not together with him. And we compose a receipt for a lender even though the borrower is not together with him. We compose a receipt for a woman even though her husband is not together with her, and a bill of divorce for a man even though his wife is not with him.
We do not compose legal documents for consecration and marriage, sharecropping agreements, business contracts," the choice of judges, the claims of the litigants, and any act of court without the consent of both principals. It is necessary to be careful about all the particulars of the composition of these documents, as is the case with regard to other legal documents.
Halacha 2
Who must pay the scribe's fee for the composition of these documents? With regard to promissory notes, the borrower must pay. With regard to deeds of sale, the purchaser must pay. The woman must pay the fee for the bill of divorce. The groom must pay the fee for documents for consecration and marriage. The recipient of the field, the sharecropper, or the worker must pay the fee for the composition of a contract. With regard to the document recording the choice of judges and the claims of litigants, both parties must share the fee.
Halacha 3
The following law applies both to legal documents composed for one of the parties when the other is not present, and legal documents that can be composed only when both consent and both are present - e.g., a promissory note written at the request of the lender, or a deed of sale written at the request of the purchaser. In all instances, the witnesses must recognize the identity of the individuals mentioned in the legal document, that this is so-and-so, the son of so-and-so, and that this is so-and-so, the son of so-and-so. This is necessary, lest two individuals come and try to perpetrate deceit, changing their names to the names of other people, and then acknowledge obligations to each other.
Halacha 4
Whenever a person has established a name for 30 days in a city, we do not suspect that he has another name and has changed his name to perpetrate deceit. For if we would raise such suspicions, there would be no end to the matter.24
Therefore, if a person who has not established has name in a city for 30 days comes and asks: "Write a promissory note for me that I am obligated to so-and-so" - or "... to this person for these and these many dinarim" we do not compose such a document for him unless he brings proof that this is his name, or he waits until his identity is established.
Halacha 5
The following laws apply when there is a dispute with regard to any promissory note produced before us. For example, the borrower claims: "I do not owe anything. Maybe a charlatan pretended that his name was my name and acknowledged owing money to this person." Or he might claim: "I do not owe anything to this person, but rather to another person. This plaintiff is a charlatan in claiming that his name is the same as the name of the person to whom I owe." Since it has not been established that there are two people in that city with the same name, we pay no attention to his claim. For it is an accepted presumption that witnesses will not sign a legal document unless they know the identity of the people mentioned within it.
Similarly, it is an accepted presumption that witnesses will not sign a legal document unless they know with certainty that the persons making the statements concerning themselves are adults and mentally competent. And witnesses will not sign a legal document unless they know how to read and sign their names.
Halacha 6
When witnesses do not know how to sign their names, and the names of the witnesses were cut out from a blank paper and placed over the legal document, and then the witnesses "signed" with this script, they are given stripes for rebellious conduct, and the promissory note is unacceptable.
Halacha 7
When the head of a court of law knows about the general circumstances described in a legal document, he may sign it even though he does not read it himself, but instead, it was read to him by one of his scribes. The rationale is that the head of the court trusts the scribe, and the scribe is afraid. No other person can do this. A witness may not sign a legal document until he reads it word for word.
Halacha 8
The following laws apply when there are two people in a city, each named Yosef, the son of Shimon. Neither of them can demand payment from the other on the basis of a promissory note that he produces, nor can a third party demand payment from either of them on the basis of a promissory note that he produces unless the witnesses who signed the promissory note come themselves and testify: "This is the promissory note concerning which we testified, and this is the person concerning whom we testified regarding the loan."43
Similarly, such individuals cannot divorce their wives unless they do so in the presence of the other individual with the same name. Similarly, if a person finds a receipt among his legal documents saying, "The promissory note concerning the debt owed to Yosef, the son of Shimon, has been paid," the debts recording in the promissory notes this person owes to both of these individuals with the same name are considered to be paid.
What should people whose names and the names of their parents are alike do to enable them to compose valid legal documents? They should write the third generation as identification in the legal document. If the names of their grandparents are the same, they should write a sign. If the signs also looked alike, they should write their family lineage. If they were both priests or both Levites, they should write further generations.
Halacha 9
The following laws apply when a person produces a promissory note against a colleague that states: "I, so-and-so, the son of so-and-so, borrowed a maneh from you." Although the name of the lender is not mentioned in the promissory note, any person who produces this promissory note from his possession can expropriate payment with it. The borrower cannot rebuff the plaintiff by saying that the promissory note belonged to another person from whom it fell.
Similarly, when there are two people named Yosef, the son of Shimon, dwelling in the same city and one of them produces a promissory note against one of the inhabitants of the city, the defendant cannot rebuff him by saying: "I am obligated to so-and-so whose name is the same as yours and this promissory note fell from him." Instead, the person who produced the promissory note may use it to collect the debt. We do not suspect that the promissory note fell.
Halacha 10
The following laws apply when two persons produce promissory notes against each other. The latter cannot tell the first: "If I owed you money, why would you borrow from me?" Instead, each one is entitled to collect the debt mentioned in his promissory note.
If both of the promissory notes were for 100 zuz, both of the principals possessed property of equivalent value, be it property of superior quality, property of intermediate quality, or property of inferior quality, we do not attend to them. Instead, each person remains with what he possesses. If one possesses property of superior quality and property of intermediate quality, and the other only property of inferior quality, the one should expropriate the property of intermediate quality, and the other should expropriate the property of inferior quality.
Halacha 11
The following laws apply when a person produces a promissory note against a colleague and that person produces a deed of sale, stating that the alleged lender sold him a field. If they are in a place where the purchaser pays the money, and afterwards the seller writes the deed of sale, the promissory note is invalidated. The rationale is that the borrower will tell the alleged lender: "If I was indebted to you, you should have used the money to pay the debt."
In a place where the deed of sale is composed and then the money is paid, however, the promissory note is viable. For the alleged lender can claim: "I sold you the field so that you would have known property from which I could collect my debt if you claimed bankruptcy."
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Hayom Yom:
Friday, 14 Cheshvan 5775 • 7 November 2014

"Today's Day"
Friday, Cheshvan 14, 5704
Torah lessons: Chumash: Vayeira, Shishi with Rashi.
Tehillim: 72-76.
Tanya: Now, while the (p. 567) ...found - believe it." (p. 569).
"From G-d are man's steps established."1 Every one of Israel has a spiritual mission in life - which is to occupy himself with the work of construction, to make a "dwelling-place" for G-d. Every one, regardless of his station or location, must, through an exhaustive search, seek out a spiritual livelihood with all the intensity of his strength, just as he seeks a material livelihood.
This is so because, (as the above verse concludes) "he desires His (G-d's) way."2 As it is written of Avraham: "For I know and love him because etc. and they will keep the way of Havayeh."3 There are two "ways": The way of nature and the way that transcends nature. G-d created the universe in such a way that, in man's eyes, it appears to follow a set pattern of nature; this is the "way" of Elokim.4 Torah and Mitzvot are the "way" of Havayeh, drawing that which transcends nature into nature. By virtue of this (conduct of Israel) G-d endows Israel from that which is beyond nature into the natural.
FOOTNOTES
1. Tehillim 37:23.
2. The simple meaning of the phrase is that G-d desires man's way.
3. Bereishit 18:19.

4. See Tishrei 3 and footnotes.
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Daily Thought:
Both Ways
One who loves must learn fear. One who fears must learn love.
The thinker must do. The doer must think. The pacifist must fight, the fighter must find peace.
If you flow as a river, burn as a fire. If you burn as a furnace, flow as a river. If you fly as a bird, sit firm as a rock. If you sit firmly, then fly as a bird.
Be a fire that flows; a rock that flies. Love with fear and fear with love.
For we are not fire, nor water, nor air, nor rocks, nor thoughts, nor deeds, nor fear, nor love. We are G‑dly beings.
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