Chabad - Today in Judaism - TODAY IS: Friday, 21 Cheshvan 5775 • 14 November 2014

Chabad - Today in Judaism - TODAY IS: Friday, 21 Cheshvan 5775 • 14 November 2014
Today's Laws & Customs:

Today in Jewish History:
DAILY QUOTE:
A cow was withholding her neck from the yoke. What did they do? They took her calf from behind her and drew him to the place where they wanted her to plow, and the calf was bleating. When the cow heard her calf bleating, she went despite herself, because of her child.(Midrashic parable on how Jacob was brought to Egypt)

DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Chayei Sarah, 6th Portion (Genesis 25:1-25:11) with Rashi
• Chapter 25
1. And Abraham took another wife and her name was Keturah. א. וַיֹּסֶף אַבְרָהָם וַיִּקַּח אִשָּׁה וּשְׁמָהּ קְטוּרָה:
Keturah: (Gen. Rabbah 61:4) This is Hagar. She was called Keturah because her deeds were as beautiful as incense (קְטֹרֶת), and because she tied (קָטְרָה, the Aramaic for“tied”) her opening, for she was not intimate with any man from the day she separated from Abraham.
קטורה: זו הגר, ונקראת קטורה על שם שנאים מעשיה כקטרת ושקשרה פתחה שלא נזדווגה לאדם מיום שפרשה מאברהם:
2. And she bore him Zimran and Jokshan and Medan and Midian and Jishbak and Shuah. ב. וַתֵּלֶד לוֹ אֶת זִמְרָן וְאֶת יָקְשָׁן וְאֶת מְדָן וְאֶת מִדְיָן וְאֶת יִשְׁבָּק וְאֶת שׁוּחַ:
3. And Jokshan begot Sheba and Dedan, and the sons of Dedan were Ashurim, Letushim, and Leumim. ג. וְיָקְשָׁן יָלַד אֶת שְׁבָא וְאֶת דְּדָן וּבְנֵי דְדָן הָיוּ אַשּׁוּרִם וּלְטוּשִׁם וּלְאֻמִּים:
Ashurim and Letushim: the names of the heads of nations (Gen. Rabbah 61:5). But I cannot reconcile the translation of Onkelos with the language of the verse [who translated אַשּׁוּרִם as לְמַשִׁירְיָן, meaning “camps.” And if you say that it is not so, because the “aleph” is not part of the root, we do have words that do not commence with an “aleph,” yet are prefixed with an“aleph.” For example (Amos 7:7): חוֹמַת אִנ‏ָ (a wall made by a plumbline), which is derived from [the same root as] (II Sam. 4:4) נְכֵה רַגְלָיִם (“lame in his feet”); and like (II Kings 4:2) אָסוּ‏ שֶׁמֶן (“a jug of oil”), which is derived from [the same root as] (Ruth 3:3) וְרָחַצְתּ ָוָסַכְתָּ (“and you shall bathe and anoint yourself”).
אשורם ולטושם: שם ראשי אומות. ותרגום של אונקלוס אין לי לישבו על לשון המקרא. שפירש למשירין, לשון מחנה. ואם תאמר שאינו כן מפני האל"ף שאינה יסודית, הרי לנו תיבות שאין בראשם אל"ף ונתוספה אל"ף בראשם, כמו (עמוס ז ז) חומת אנך, שהוא מן (שמואל ב' ד ד) נכה רגלים, וכמו (מלכים ב' ד ב) אסוך שמן שהוא מן (רות ג ג) ורחצת וסכת:
and Letushim: They are tent dwellers who spread hither and thither, and travel each in “his palatial tents,” (using the expression from Dan. 11:45), and so Scripture states (I Sam. 30:16):“and behold, they are scattered (נְטֻשִׁים) over the entire earth,” for “lammed” and “nun” are interchangeable.]
ולטושים: הם בעלי אהלים המתפזרים אנה ואנה ונוסעים איש באהלי אפדנו, וכן הוא אומר (ש"א ל טז) והנה נטושים על פני כל הארץ, שכן למ"ד ונו"ן מתחלפות זו בזו:
4. And the sons of Midian [were] Ephah and Epher and Enoch and Abida and Elda'ah; all these were the sons of Keturah. ד. וּבְנֵי מִדְיָן עֵיפָה וָעֵפֶר וַחֲנֹךְ וַאֲבִידָע וְאֶלְדָּעָה כָּל אֵלֶּה בְּנֵי קְטוּרָה:
5. And Abraham gave all that he possessed to Isaac. ה. וַיִּתֵּן אַבְרָהָם אֶת כָּל אֲשֶׁר לוֹ לְיִצְחָק:
And Abraham gave, etc.: (Gen. Rabbah 61:6) R. Nechemiah said: He gave him a permanent blessing, for the Holy One, blessed be He, had said to Abraham (above 12:2)“ and you shall be a blessing,” i.e., the blessings are delivered into your hand to bless whomever you wish. And Abraham gave them over to Isaac. — [Mid. Ps. 1:5]
ויתן אברהם וגו': אמר ר' נחמיה ברכה דיאתיקי, שאמר לו הקב"ה לאברהם (לעיל יב ב) והיה ברכה, הברכות מסורות בידך לברך את מי שתרצה, ואברהם מסרם ליצחק:
6. And to the sons of Abraham's concubines, Abraham gave gifts, and he sent them away from his son Isaac while he [Abraham] was still alive, eastward to the land of the East. ו. וְלִבְנֵי הַפִּילַגְשִׁים אֲשֶׁר לְאַבְרָהָם נָתַן אַבְרָהָם מַתָּנֹת וַיְשַׁלְּחֵם מֵעַל יִצְחָק בְּנוֹ בְּעוֹדֶנּוּ חַי קֵדְמָה אֶל אֶרֶץ קֶדֶם:
concubines: (Gen. Rabbah 61:4) This [the word [פִּילַגְשִׁם] is spelled defectively [missing the letter “yud”], because there was only one concubine. That was Hagar, who was identical with Keturah. [The“yud,” denoting the plural, is absent, hence Rashi understands that the word פִּילַגְשִׁם denotes the singular. In our Torah scrolls, the plene spelling appears.] Wives are those who have a marriage contract, whereas concubines have no marriage contract, as is explained in Sanhedrin (21a) regarding David’s wives and concubines.
הפילגשים: חסר כתיב, שלא היתה אלא פלגש אחת, היא הגר היא קטורה. נשים בכתובה, פילגשים בלא כתובה, כדאמרינן בסנהדרין (כא א) בנשים ופילגשים דדוד:
Abraham gave gifts: Our Sages explained that he gave them “the name of impurity” (Sanh. 91a). Another explanation: All that was given to him because of Sarah and the other gifts that were given to him, all these he gave to them, for he did not wish to benefit from them.
נתן אברהם מתנות: פירשו רבותינו שם טומאה מסר להם. דבר אחר מה שניתן לו על אודות שרה ושאר מתנות שנתנו לו, הכל נתן להם שלא רצה ליהנות מהם:
7. And these are the days of the years of Abraham's life that he lived: one hundred years and seventy years and five years. ז. וְאֵלֶּה יְמֵי שְׁנֵי חַיֵּי אַבְרָהָם אֲשֶׁר חָי מְאַת שָׁנָה וְשִׁבְעִים שָׁנָה וְחָמֵשׁ שָׁנִים:
one hundred years and seventy years and five years: When he was one hundred years old, he was as one who is seventy years old, and when he was seventy years old, he was as one who is five years old, without sin.
מאת שנה ושבעים שנה וחמש שנים: בן מאה כבן שבעים, ובן שבעים כבן חמש בלא חטא:
8. And Abraham expired and died in a good old age, old and satisfied, and he was gathered to his people. ח. וַיִּגְוַע וַיָּמָת אַבְרָהָם בְּשֵׂיבָה טוֹבָה זָקֵן וְשָׂבֵעַ וַיֵּאָסֶף אֶל עַמָּיו:
9. And Isaac and Ishmael his sons buried him in the Cave of Machpelah in the field of Ephron the son of Zohar the Hittite, which faces Mamre, ט. וַיִּקְבְּרוּ אֹתוֹ יִצְחָק וְיִשְׁמָעֵאל בָּנָיו אֶל מְעָרַת הַמַּכְפֵּלָה אֶל שְׂדֵה עֶפְרֹן בֶּן צֹחַר הַחִתִּי אֲשֶׁר עַל פְּנֵי מַמְרֵא:
Isaac and Ishmael: (Gen. Rabbah 30:4, 38:12) From here [we may deduce] that Ishmael repented and let Isaac go before him, and that is the meaning of “a good old age” which is stated regarding Abraham (above 15:15). - [B.B. 16b]
יצחק וישמעאל: מכאן שעשה ישמעאל תשובה והוליך את יצחק לפניו, והיא שיבה טובה שנאמר באברהם:
10. The field that Abraham had bought from the sons of Heth there Abraham and his wife Sarah were buried. י. הַשָּׂדֶה אֲשֶׁר קָנָה אַבְרָהָם מֵאֵת בְּנֵי חֵת שָׁמָּה קֻבַּר אַבְרָהָם וְשָׂרָה אִשְׁתּוֹ:
11. Now it came to pass after Abraham's death, that God blessed his son Isaac, and Isaac dwelt near Be'er Lachai Ro'i. יא. וַיְהִי אַחֲרֵי מוֹת אַבְרָהָם וַיְבָרֶךְ אֱלֹהִים אֶת יִצְחָק בְּנוֹ וַיֵּשֶׁב יִצְחָק עִם בְּאֵר לַחַי רֹאִי:
Now it came to pass after Abraham’s death, that God blessed, etc.: He consoled him with the consolations of the mourners (Sotah 14b). Another explanation: Even though the Holy One, blessed be He, delivered the blessings to Abraham, he was afraid to bless Isaac because he foresaw Esau emanating from him. So he said,“May the Master of blessings come and bless whomever He pleases.” And the Holy One, blessed be He, came and blessed him. - [Tan. Lech Lecha 4]
ויהי אחרי מות אברהם ויברך וגו': נחמו תנחומי אבלים. דבר אחר אף על פי שמסר הקדוש ברוך הוא את הברכות לאברהם, נתיירא לברך את יצחק מפני שצפה את עשו יוצא ממנו, אמר יבא בעל הברכות ויברך את אשר ייטב בעיניו ובא הקדוש ברוך הוא וברכו:
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Daily Tehillim: Psalms Chapters 104-105
• Chapter 104
This psalm tells of the beauty of creation, describing that which was created on each of the six days of creation. It proclaims the awesomeness of God Who sustains it all-from the horns of the wild ox to the eggs of the louse.
1. My soul, bless the Lord! Lord my God, You are greatly exalted; You have garbed Yourself with majesty and splendor.
2. You enwrap [Yourself] with light as with a garment; You spread the heavens as a curtain.
3. He roofs His heavens with water; He makes the clouds His chariot, He moves [them] on the wings of the wind.
4. He makes the winds His messengers, the blazing fire His servants.
5. He established the earth on its foundations, that it shall never falter.
6. The depths covered it as a garment; the waters stood above the mountains.
7. At Your exhortation they fled; at the sound of Your thunder they rushed away.
8. They ascended mountains, they flowed down valleys, to the place which You have assigned for them.
9. You set a boundary which they may not cross, so that they should not return to engulf the earth.
10. He sends forth springs into streams; they flow between the mountains.
11. They give drink to all the beasts of the field; the wild animals quench their thirst.
12. The birds of the heavens dwell beside them; they raise their voice from among the foliage.
13. He irrigates the mountains from His clouds above; the earth is satiated from the fruit of Your works.
14. He makes grass grow for the cattle, and vegetation requiring the labor of man to bring forth food from the earth;
15. and wine that gladdens man's heart, oil that makes the face shine, and bread that sustains man's heart.
16. The trees of the Lord drink their fill, the cedars of Lebanon which He planted,
17. wherein birds build their nests; the stork has her home in the cypress.
18. The high mountains are for the wild goats; the rocks are a refuge for the rabbits.
19. He made the moon to calculate the festivals; the sun knows its time of setting.
20. You bring on darkness and it is night, when all the beasts of the forest creep forth.
21. The young lions roar for prey, and seek their food from God.
22. When the sun rises, they return and lie down in their dens.
23. Then man goes out to his work, to his labor until evening.
24. How manifold are Your works, O Lord! You have made them all with wisdom; the earth is full of Your possessions.
25. This sea, vast and wide, where there are countless creeping creatures, living things small and great;
26. there ships travel, there is the Leviathan that You created to frolic therein.
27. They all look expectantly to You to give them their food at the proper time.
28. When You give it to them, they gather it; when You open Your hand, they are satiated with goodness.
29. When You conceal Your countenance, they are terrified; when You take back their spirit, they perish and return to their dust.
30. When You will send forth Your spirit they will be created anew, and You will renew the face of the earth.
31. May the glory of the Lord be forever; may the Lord find delight in His works.
32. He looks at the earth, and it trembles; He touches the mountains, and they smoke.
33. I will sing to the Lord with my soul; I will chant praise to my God with my [entire] being.
34. May my prayer be pleasant to Him; I will rejoice in the Lord.
35. May sinners cease from the earth, and the wicked be no more. Bless the Lord, O my soul! Praise the Lord!
Chapter 105
When David brought the Holy Ark up to the City of David, he composed this psalm and sang it before the Ark. He recounts all the miracles that God performed for the Jews in Egypt: sending before them Joseph, who was imprisoned, only to be liberated by God, eventually attaining the status of one who could imprison the princes of Egypt without consulting Pharaoh.
1. Offer praise to the Lord, proclaim His Name; make His deeds known among the nations.
2. Sing to Him, chant praises to Him, speak of all His wonders.
3. Glory in His holy Name; may the heart of those who seek the Lord rejoice.
4. Search for the Lord and His might; seek His countenance always.
5. Remember the wonders that He has wrought, His miracles, and the judgements of His mouth.
6. O descendants of Abraham His servant, children of Jacob, His chosen ones:
7. He is the Lord our God; His judgements extend over the entire earth.
8. He remembers His covenant forever, the word which He has commanded to a thousand generations;
9. the covenant which He made with Abraham, and His oath to Isaac.
10. He established it for Jacob as a statute, for Israel as an everlasting covenant,
11. stating, "To you I shall give the land of Canaan"-the portion of your inheritance,
12. when they were but few, very few, and strangers in it.
13. They wandered from nation to nation, from one kingdom to another people.
14. He permitted no one to wrong them, and admonished kings for their sake:
15. "Do not touch my anointed ones, and do not harm my prophets.”
16. He called for a famine upon the land; he broke every source of bread.
17. He sent a man before them; Joseph was sold as a slave.
18. They afflicted his foot with chains, his soul was put into iron;
19. until the time that His words came, the decree of the Lord purified him.
20. The king sent [word] and released him, the ruler of nations set him free.
21. He appointed him master of his house and ruler of all his possessions,
22. to imprison his princes at will, and to enlighten his elders.
23. Thus Israel came to Egypt, and Jacob sojourned in the land of Ham (Egypt).
24. He multiplied His nation greatly, and made it mightier than its adversaries.
25. He turned their hearts to hate His nation, to conspire against His servants.
26. He sent Moses, His servant; Aaron, whom He had chosen.
27. They placed among them the words of His signs, miracles in the land of Ham.
28. He sent darkness and made it dark, and they did not defy His word.
29. He transformed their waters to blood, and killed their fish.
30. Their land swarmed with frogs in the chambers of their kings.
31. He spoke, and hordes of wild beasts came, and lice throughout their borders.
32. He turned their rains to hail, flaming fire in their land;
33. it struck their vine and fig tree, it broke the trees of their borders.
34. He spoke, and grasshoppers came, locusts without number;
35. and it consumed all grass in their land, it ate the fruit of their soil.
36. Then He smote every firstborn in their land, the first of all their potency.
37. And He took them out with silver and gold, and none among His tribes stumbled.
38. Egypt rejoiced at their leaving, for the fear [of Israel] had fallen upon them.
39. He spread out a cloud for shelter, and a fire to illuminate the night.
40. [Israel] asked, and He brought quail, and with the bread of heaven He satisfied them.
41. He opened a rock and waters flowed; they streamed through dry places like a river,
42. for He remembered His holy word to Abraham His servant.
43. And He brought out His nation with joy, His chosen ones with song.
44. He gave them the lands of nations, they inherited the toil of peoples,
45. so that they might keep His statutes and observe His laws. Praise the Lord!
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Tanya: Iggeret HaKodesh, middle of Epistle 29
• Lessons in Tanya
• Today's Tanya Lesson
Friday, 21 Cheshvan 5775 • 14 November 2014
Iggeret HaKodesh, middle of Epistle 29
וז"ש בזוה"ק פ' פקודי (דרכ"ט ע"ב) דאינון עובדין טבין דעביד בר נש משכי מנהורא דזיווא עילאה לבושא כו' וחמי כו' בנועם ה' וכו'
This is the meaning of the statement in the sacred Zohar, Parshat Pekudei (p. 229b), that "the good deeds (i.e., the mitzvot) which man does, elicit a garment from the light of the Supernal Splendor... (i.e., from the level of Keter), and they behold ...the 'pleasantness of G-d...,"' and also, as the Zohar concludes, they experience the "pleasurable thirst" (i.e., the pnimiyut of Keter).
והגם דהתם מיירי בג"ע התחתון שהלבושים שם הם ממצות מעשיות ממש
Though there [the Zohar] speaks of the Lower Garden of Eden, where the garments derive from the truly practical commandments, so that they result not from the Supernal Will, as above, but from the merit of physical action,
אבל בג"ע העליון הלבושים הם מרעותא וכוונה דלבא באורייתא וצלותא כמ"ש בזהר שם (דר"י)
while in the Upper Garden of Eden the garments derive from the love and devotion of the heart with respect to Torah and prayer, as stated in the Zohar ad loc. (p. 210).
The Zohar states that once the soul possesses, while in the Lower Garden of Eden, the garments of the mitzvot that derive from physical actions, it then rises to the upper Garden of Eden.
הרי הכוונה היא כוונת עסקו בתורה לשמה מאהבת ה'
However, this devotion [from whence these garments derive] refers to the devotion of one's occupation with Torah for its own sake, out of one's love for G-d.
ומצות ת"ת היא ג"כ מכלל מצות מעשיות
The commandment to study Torah also belongs to the class of practical commandments,
דעקימת שפתיו הוי מעשה והרהור לאו כדבור דמי ואינו יוצא י"ח בהרהור לבדו
for1 "the movement of one's lips [in speech] is regarded as an act," and2 "meditation does not count as speech"; thus one does not discharge his duty by meditation alone.3
וכן בתפלה
The same applies to prayer4; here, too, one must actually articulate the words.
Since both Torah study and prayer require action, even the garments that are created by devout Torah and prayer are considered to be derived from the tangible and active aspect of mitzvot; they, too, are garments that derive from the light of Keter].
ומה גם כי מעלת הכוונה על הדבור ומעשה אינה מצד עצמה כו'
And certainly so, considering that the superiority of devotion (kavanah) over speech and action in as much as devotion can create garments for the soul in the Upper Garden of Eden] is not due to its own merits..., as in the loving service of G-d,
אלא מצד הארת רצון העליון כו'
but because of the radiation from the Supernal Will...,
When a mitzvah is performed, the radiation of the Supernal Willis more manifest in its more spiritual aspect - in its devout and loving intent - than in its tangible and physical aspect.
כמ"ש בלק"א ח"א פל"ח באריכות ע"ש
as explained at length in Likkutei Amarim, Part I, ch. 38; see there.
The Alter Rebbe explains there that the illumination from the Supernal Will that shines within the devotion that accompanies an action, is likened to a "soul", relative to the illumination that shines in the action itself, which is likened to a "body" or garment for the soul.
The difference is thus only in the degree of contraction or emanation of this radiation. From the above it is clear that even the garments for the soul that are created from the devotion and feeling that accompany Torah and prayer, also result only from the radiation of the Supernal Will, which is the Supernal Keter.
* * *
FOOTNOTES
1. Sanhedrin 65a.
2. Berachot 20b.
3. The Alter Rebbe's Shulchan Aruch, Hilchot Talmud Torah 2:12; see also Eruvin 54b.

4. The Alter Rebbe's Shulchan Aruch 62:3 and 185:3.
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Rambam: 
Daily Mitzvah P246, P248 Sefer Hamitzvot
Today's Mitzvah
Friday, 21 Cheshvan 5775 • 14 November 2014Important 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.
Positive Commandment 246
Laws of Claims
"In every case of trespass...in which one can say: 'This is it'"—Exodus 22:8.
We are commanded to adjudicate monetary cases between litigants [according to the laws outlined in the Torah].
Laws of Claims
Positive Commandment 246
Translated by Berel Bell
The 246th mitzvah is that we are commanded regarding claims and counterclaims [in lawsuits.]
The source of this commandment is G‑d's statement1 (exalted be He), "In every case of dishonesty... [and the watchman] said that this is it."
In the words of the Mechilta: "The phrase 'that this is it' refers to partial admission to the claim."2
This mitzvah includes anything that can arise from the claims people have against one another involving admission and denial.
The details of this commandment are explained in the 3rd chapter of Bava Kama, the beginning of Bava Metzia, and the 5th, 6th, and 7th chapters of Shavuos. Many questions regarding this subject are spread throughout the Talmud.
FOOTNOTES
1.Ex. 22:8.
2.Since he has made a partial admission, he is required to take an oath regarding the rest of the claim.
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Positive Commandment 248
Laws of Inheritance
"If a man dies and he has no son..."—Numbers 27:8.
We are commanded regarding the laws of inheritance [to follow the inheritance laws detailed in the Torah]. Included in this mitzvah is that the firstborn receives a double portion from his father's estate.
Laws of Inheritance
Positive Commandment 248
Translated by Berel Bell
The 248th mitzvah is that we are commanded regarding the laws of inheritance.
The source of this commandment is G‑d's statement1 (exalted be He), "If a man dies and has no son..."
This mitzvah undoubtedly includes the law that the firstborn son inherits a double portion,2 since this is part of the laws of inheritance.
The details of this mitzvah are explained in the 8th and 9th chapters of tractate Bava Basra.
FOOTNOTES
1.Num. 27:8.
2.Deut. 21:17.

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Rambam:

• 1 Chapter a Day: Mamrim - Chapter 3
Mamrim - Chapter 3
Halacha 1
A person who does not acknowledge validity of the Oral Law is not the rebellious elder mentioned in the Torah. Instead, he is one of the heretics and he should be put to death by any person.
Halacha 2
Since it has become known that such a person denies the Oral Law, he may be pushed into a pit and may not be helped out. He is like all the rest of the heretics who say that the Torah is not Divine in origin, those who inform on their fellow Jews, and the apostates. All of these are not considered as members of the Jewish people. There is no need for witnesses, a warning, or judges for them to be executed. Instead, whoever kills them performs a great mitzvah and removes an obstacle from people at large.
Halacha 3
To whom does the above apply? To a person who denied the Oral Law consciously, according to his perception of things. He follows after his frivolous thoughts and his capricious heart and denies the Oral Law first, as did Tzadok and Beitus and those who erred in following them.
The children of these errant people and their grandchildren whose parents led them away and they were born among these Karaities and raised according to their conception, they are considered as a children captured and raised by them. Such a child may not be eager to follow the path of mitzvot, for it is as if he was compelled not to. Even if later, he hears that he is Jewish and saw Jews and their faith, he is still considered as one who was compelled against observance, for he was raised according to their mistaken path. This applies to those who we mentioned who follow the erroneous Karaite path of their ancestors. Therefore it is appropriate to motivate them to repent and draw them to the power of the Torah with words of peace.
Halacha 4
The "rebellious elder" mentioned in the Torah, by contrast, is one of the sages of Israel who has received the tradition from previous sages and who analyzes and issues ruling with regard to the words of Torah as do all the sages of Israel. His rebellion involves an instance when he has a difference of opinion in one of the Torah's laws with the Supreme Sanhedrin and did not accept their views, but instead issued a ruling to act in a different manner. The Torah decreed that he should be executed. He should confess his sin before being executed so that he will be granted a portion in the world to come.
Even though he analyzes and they analyze; he received the tradition and they received the tradition, the Torah granted them deference. Even if the court desires to forgo their honor and allow him to live, they are not allowed so that differences of opinion will not arise within Israel.
Halacha 5
A "rebellious elder" is not liable for execution unless he is a sage, erudite enough to issue halachic judgments who has received semichah from the Sanhedrin and who differs with that court with regard to a matter whose willful violation is punishable by kerait and whose inadvertent violation requires a sin offering or with regard to tefillin. He must direct others to act according to his ruling or act according to his ruling himself, and differ with the Sanhedrin while they hold session in the Chamber of Hewn Stone.
When, by contrast, a student who has not attained a level of erudition that enables him to issue halachic rulings, but, nevertheless, issues a ruling, he is not liable. This is derived from Deuteronomy 17:8 which states: "If a matter of judgment exceeds your grasp...." Implied is that the passage concerns only a scholar who is unable to grasp something which is exceedingly difficult to comprehend.
Halacha 6
If he found the Supreme Sanhedrin outside their place and rebelled against their ruling, he is not liable. This is derived from ibid.:8 which states: "And you shall arise and ascend to that place," implied is that the place is the cause for capital punishment.
All of the individuals mentioned above who are not executed and anyone who acts in a similar manner, although they are not liable for execution, the Supreme Sanhedrin should place them under a ban of ostracism, separate them from the community, subject them to corporal punishment, and prevent them from teaching their interpretation of the matter.
Halacha 8
How is the law applying to a rebellious elder adjudicated? When a matter is undecided because of its difficulty and a sage who is erudite enough to issue rulings whether with regard to a matter which he arrived at through his own reasoning or which he received from his teachers. He and the sages who differ with him ascend to Jerusalem and come to the court which holds sessions at the entrance to the Temple Mount.
The court tells them: "This is the law." If the elder listens and accepts the ruling, it is desirable. If not, they all go to the court which holds sessions at the entrance to the Temple Courtyard. They also say: "This is the law." If the elder listens and accepts the ruling, they go their ways. If not, they all go to the Supreme Sanhedrin in the Chamber of Hewn Stone from which the Torah emanates to the entire Jewish people, as Deuteronomy 17:10 states: "From that place which God has chosen." The Supreme Sanhedrin tell them: "This is the law" and the all depart.
If the elder returns to his city and continues to interpret the law as he did previously and teaches this interpretation to others, he is not liable. If he gave a directive for action or acted according to his conception himself, he is liable for execution. There is no need for a warning. Even if he offers a rationale to explain his conduct, we do not heed him. Instead, once witnesses come and testify that he acted according to his own directive or that he directed others to perform a deed, we sentence him to death in his local court. We take hold of him and bring him from that place to Jerusalem. For we do not execute him in the presence of his local court, nor in the presence of the Supreme Sanhedrin who left Jerusalem, but instead, bring him to the Supreme Sanhedrin in Jerusalem. Until the next pilgrimage festival, he is kept under watch. During the pilgrimage festival, he is executed by strangulation, as implied by ibid.:13: "And all Israel shall hear and become fearful." This indicates that his execution must be announced.
There are four transgressors whose execution must be announced publicly: a rebellious elder, lying witnesses, a person who entices others to worship idols, and a wayward and rebellious son. For with regard to all of them, the Torah states: "so that they will hear and become afraid."
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Rambam:
• 3 Chapters a Day: .To`en veNit`an - Chapter 16, Nehalot - Chapter 1, Nehalot - Chapter 2
To`en veNit`an - Chapter 16
Halacha 1
A person's protests are not accepted in the following situation. Reuven sold a field to Shimon, and Levi was one of the witnesses who signed the deed of sale. Afterwards, Levi came and protested Shimon's ownership of the field, claiming that Reuven stole it from him. We do not heed Levi's protest, nor do we pay attention to the proofs he brings concerning his ownership of that field. He has forfeited all of his rights to it. For we tell him: "How could you serve as a witness to the sale and then come and protest?"
Similar concepts apply if Levi gives testimony in a legal document that speaks of "the field belonging to Reuven on the east" or "... on the north." Since he referred to that field as an identification marker for the sake of another person and recorded this testimony in a legal document, he forfeited his right to it and cannot issue a protest concerning it. For we tell him: "How could you serve as a witness in this legal document that mentions this field being near another field and then issue a protest concerning it?"
Halacha 2
If, in the above situation, the witness claimed: "There is one row? that I designated as a sign, but not the entire field. That row that is next to the boundary of the field alone belongs to Reuven," this is a claim that is worthy of being heard. He may protest the ownership of the entire field, with the exception of that row.
All of the above concepts apply only with regard to one of the witnesses to the legal document who comes to protest. When, by contrast, a judge verified the authenticity of the signatures of the witnesses to a bill of sale, he may protest the ownership of a field even though it was mentioned in that bill of sale. The rationale is that he can claim: "I did not know what was written in the bill of sale." For a judge may verify the authenticity of the signatures of the witnesses to a legal document even though he did not read it. Witnesses, by contrast, may not sign a legal document unless they read it in its entirety and paid attention to its details.
Halacha 3
The following rules apply when Shimon comes and consults Levi, telling him: "I am buying this-and-this field from Reuven. I will buy it with your advice." Even though Levi tells him: "Go and buy it. It is good," Levi has the right to protest Shimon's ownership. He does not forfeit this right, because he did not perform a deed. He can tell Shimon: "I desired that the field leave the hands of Reuven, for he is a man of force, so that I could lodge a claim in court and take possession of my field."
Halacha 4
The following rules apply when Reuven protests Shimon's ownership of a field, and Shimon tells him: "I don't know what you are talking about. I purchased this field from Levi. Here are witnesses who will testify that I benefited from it for the amount of time necessary to establish a claim of ownership."
Reuven responds to him: "I have witnesses who will testify that yesterday evening, you came to me and asked me to sell you this field." This is not proof of Reuven's ownership. For Shimon could say: "I desired to purchase it from you so that you would not protest and trouble me to enter legal proceedings, even though I do not know whether or not it is really yours." Similar laws apply in all analogous situations.
If Shimon does not make such a claim, the court does not advance it on his behalf, n
Halacha 5
The following rules apply when Reuven protests and brings witnesses who testify that the field belongs to him, and Shimon who is in possession of it claims: "You sold it to me and I benefited from it for the amount of time necessary to establish a claim of ownership." Reuven responds: "You benefited from the field as a robber."
Whether there were no witnesses that he benefited from the field or whether there was only one witness who testified that he benefited for three years, the person in possession is not required to return the produce that he consumed. The rationale is that he is claiming: "I consumed my own produce," and there are no witnesses who are obligating him for the produce. On the contrary, he acknowledged it himself. And the witness who testified that he benefited from the property for three years is coming to reinforce the power of the person who benefited. Indeed, if there were another witness with him, the person in possession would be allowed to retain possession of the field.
Therefore, Reuven must take a sh'vu'at hesset that he did not sell the field, and then the field is returned to him. Shimon must take a sh'vu'at hesset that he does not owe Reuven anything because of the produce he consumed. He is then released of liability.
Halacha 6
When there are two witnesses who testify that Shimon benefited from a field for less than the amount of time necessary to establish a claim of ownership, he must return all the produce he consumed. Even if there is only one witness, he is liable to return all the produce because of his testimony. The rationale is that he is not contradicting the testimony of the witness. Instead, he is saying: "He testified truthfully. I did consume the produce for two years, but I consumed what was mine." He is thus obligated to take an oath, but unable to do so. Hence, he must pay.
Halacha 7
The following principle applies whenever a person is obligated to return the produce he consumed, the extent of the benefit is unknown, and the court is unable to estimate - i.e., in contrast to houses and the like, which have a standard rate - the benefit he received from the produce of trees or the produce of the fields. Since the owner does not have a definite claim, he is required to pay only what he admits to have consumed. We issue a conditional ban of ostracism against anyone who consumed more produce and did not make restitution.
Halacha 8
The following laws apply whenever a person in possession of property is required to return it. If he rented the property to others while he was in possession of it, and the renters are accessible, we expropriate the rent from them a second time and give it to the owner of the land. They in turn should lodge a claim against a person who rented them land that he did not own.
Halacha 9
It is forbidden for a person to lodge a false claim to distort a judgment or prevent its execution. What is implied? If a person was owed a maneh by a colleague, he may not lodge a claim against him for 200 zuz, so that he will admit owing the maneh and be obligated to take an oath.
If a person owes a colleague a maneh, and the colleague claims 200 from him, he should not say: "I will deny the entire amount in court so that I will not be required to take an oath and acknowledge the debt of the maneh in private."
Halacha 10
When a person owes money to three people, and he denies owing a debt to one of them the three should not collaborate and perpetrate the following scheme. One person will claim the entire sum, and the others will falsely testify to his claim. When the money is expropriated from him, they will then divide it. With regard to things of this nature and the like, the Torah Exodus 23:7 warned us: "Keep a distance from words of falsehood."
This concludes the Laws Governing Disputes between Plaintiffs and Defendants, with God's help.
Nehalot - Chapter 1
HILCHOT NACHALOT
The Laws Pertaining to Inheritances
It contains one mitzvah: the laws of the order of inheritance. This mitzvah is explained in the following chapters.
Halacha 1
This is the order of inheritance: When a person dies, his children inherit his estate. They receive priority over everyone else, and the sons receive priority over the daughters.
Halacha 2
In every situation, a female does not inherit together with a male.
If a person does not have children, his father inherits his estate. A mother does not inherit her son's estate. This has been conveyed by the Oral Tradition.
Halacha 3
With regard to every concept of precedence for an inheritance, a person's blood descendants receive precedence. Therefore, when a person - either a man or a woman - dies and he leaves a son, he inherits everything. If the son is no longer alive, we look to see if the son left descendants. If there are descendants of the son, whether male or female - even the daughter of the daughter of the son's daughter, and this chain can be continued endlessly -that descendant inherits everything.
If the son does not have descendants, we return to the deceased's daughter. If there are descendants of the daughter, whether male or female - and this chain can be continued endlessly - that descendant inherits everything.
If the son does not have descendants, the estate returns to the deceased's father. If the father is no longer alive, -we look to see if the father left descendants - i.e., the brothers of the deceased. If there is a brother of the deceased or the descendant of a brother, he inherits everything. If there are no brothers, we return and look to see if the deceased had a sister. If there is a sister or the descendant of a sister, that person inherits everything.
If there are no descendants of the deceased's brothers or sisters, since there are no descendants of the deceased's father, the estate returns to the deceased's paternal grandfather. If the paternal grandfather is no longer alive, we look to see if the paternal grandfather left descendants - i.e., the uncles or aunts of the deceased. The males receive precedence over the females, and even the descendants of the males receive precedence over the females, as is the law with regard to the descendants of the deceased himself.
If there are no uncles or none of their descendants, the estate returns to the deceased's paternal great-grandfather. Following this pattern, the chain of inheritance continues to extend until Reuven the son of Jacob. Thus the order of inheritance is as follows: A son takes precedence over a daughter. Similarly, all of the son's descendants take precedence over the daughter. The daughter takes precedence over her paternal grandfather, and similarly, all her descendants take precedence over her paternal grandfather.
The deceased's father takes precedence over the deceased's brothers, because they are the father's descendants. The deceased's brothers take precedence over his sisters. Similarly, all their descendants take precedence over the sister.
The deceased's sister takes precedence over her paternal grandfather, and similarly, all her descendants take precedence over her paternal grandfather.
The deceased's paternal grandfather takes precedence over the deceased's uncles. The uncles take precedence over the aunts. Indeed, all the uncles' descendants take precedence over the aunts. The aunts take precedence over the deceased's paternal great-grandfather. Indeed, all the aunts' descendants take precedence over the deceased's paternal great-grandfather. This pattern should be continued until the beginning of all generations. Thus, there is no Jew who does not have heirs.
Halacha 4
When a person dies and leaves a daughter and the daughter of a son - or even the daughter of the son's daughter and this chain can continue for several generations - the son's daughter takes precedence. She inherits everything; the deceased's daughter does not receive anything.
Similar laws applies when a person is survived by his brother's daughter and his sister, by his uncle's daughter and his aunt, or in all other analogous situations.
Halacha 5
A woman is, however, given full rights in the following situation. A person had two sons who died in his lifetime. One of the sons left three sons and the other left a daughter. Afterwards, the elder man died. The three grandsons inherit half of the inheritance and the granddaughter inherits the other half. For each inherits their father's portion. Similar laws apply with regard to the division of an estate among the children of the deceased's brothers, the children of his uncles, or the children of other relatives extending back until the beginning of all generations.
Halacha 6
With regard to the concept of inheritance, the family of a person's mother is not considered family. Inheritance is relevant only with regard to one's father's family. Therefore, maternal brothers do not inherit each other's estates, while paternal brothers do. This applies to brothers who share only a father or who share both a father and a mother.
Halacha 7
All relatives who were conceived through forbidden relations have equal inheritance rights to those who are conceived through permitted relations.
What is implied? When a person has a son or a brother who is a mamzer, he is treated like any of the other sons or any of the other brothers when it comes to the concept of inheritance. A person's son who is born by a maid-servant or a gentile woman is not considered his son at all, and has no right of inheritance whatsoever.
Halacha 8
A woman does not inherit her husband's estate at all.
A husband inherits all his wife's property, according to the words of our Sages. He takes precedence over all others with regard to inheriting her estate. This applies even if she is forbidden to him - e.g., a widow who was married to a High Priest, or a divorcee or a woman who had performed chalitzah who was married to an ordinary priest. Similarly, this applies even if the woman was below majority. Even though a husband is a deaf-mute, he inherits his wife's estate.
Halacha 9
We have already explained in Hilchot Ishut that a husband does not inherit his wife's estate until she enters his domain, and that a man who is mentally aware does not inherit the estate of a woman whom he married as a deaf mute. This applies even if she later becomes fully mentally aware.
There we also explained that a husband inherits the property that enters his wife's domain and which she took possession of during her lifetime. This applies to the property she brought to his household as a dowry, and property that she did not bring to his household. When a husband attempted to divorce his wife, although there is a question about the validity of the divorce, her husband does not inherit her estate after her death.
Halacha 10
When a man marries a young girl who does not need the right of
to nullify a marriage, he does not inherit her estate, because there is no marriage. Similarly, when a man who was mentally or emotionally unstable married a mentally aware woman, or a mentally aware man married a woman who was mentally or emotionally unstable, the husband does not inherit his wife's estate, for our Sages did not ordain marriage for such individuals.
Halacha 11
When a man's wife died, and afterwards her father, her brother, or any of the other individuals whose estate she may inherit dies, her husband does not inherit their estate. Instead, the estate should be inherited by her descendants, if she has descendants. If not, the right of inheritance should return to the family of her father's home. The rationale is that the husband does not inherit property that is fit to become hers afterwards, only property that she already inherited before she died.
Halacha 12
Similarly, a husband does not inherit his wife's estate while he is in the grave as is the ordinary pattern of inheritance for members of his father's family.
What is implied? A man died, and afterwards his wife died. We do not say: Since the husband receives precedence over all others with regard to the inheritance, the husband's heirs should receive precedence over the woman's other heirs. Instead, the woman's heirs from her father's family inherit her estate if she dies after her husband.
Halacha 13
Similarly, a son does not inherit his mother's estate while he is in the grave, so that the estate will be inherited by his paternal brothers.
What is implied? A person died, and afterwards his mother died. We do not say that if the son were alive, he would take precedence in the inheritance of her estate, and hence, the heirs of the son take precedence over the heirs of this woman. According to the latter conception, the son's paternal brothers would inherit the estate of his mother after her death. This view is not accepted. Instead, if the son has children, they should inherit his mother's estate. If he does not have children, the estate should return to her father's family.
If, however, the mother died first and then the son died, even if he was a newborn baby who was born prematurely, since he survived his mother and then died, he inherits his mother's estate and then transfers the rights to that estate to the family of his father.
Nehalot - Chapter 2
Halacha 1
A firstborn receives a double portion of his father's estate, as Deuteronomy 21:17 states: "To give him twice the portion."
What is implied? If a father left five sons, one the firstborn, the firstborn receives a third of the estate and each of the other four receives a sixth. If he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. We follow this pattern in dividing the estate in all instances.
Halacha 2
When a firstborn is born after his father's death, he does not receive a double portion. This is derived from ibid.: 16-17: "On the day when he transfers his inheritance to his sons... he shall recognize the firstborn, the son of the hated one." If his forehead emerged during the lifetime of his father, even though his entire head did not emerge until after his father's death, he receives a double portion.
Halacha 3
When a firstborn was born with his genitals covered by flesh and afterwards, an operation was performed and it was discovered that he was male, he does not receive a double portion. Conversely, when an ordinary son was born with a similar condition and after the operation was performed, it was discovered that he was male, he does not reduce the firstborn's share. These concepts are derived from ibid.:15 "And she will bear him sons." Implied is that the sons must be sons from the moment of birth.
Halacha 4
What is meant by saying that such a son does not reduce the firstborn's share? A person had a firstborn, two ordinary sons, and this son whose genitals were covered by flesh and afterwards were revealed through an operation. The firstborn receives one fourth of the estate as his extra share as the firstborn, as if there were only two other sons. The remaining three fourths of the estate are divided equally among the two ordinary sons, the son who underwent the operation, and the firstborn.
Halacha 5
A child who lived for only one day reduces the portion of the firstborn, but a fetus does not. Similarly, a son born after his father's death, does not reduce the portion of the firstborn.
Halacha 6
When there is a question if a son is a firstborn or an ordinary son - e.g., the firstborn became mixed together with another - he does not receive a double portion.
What is done? If at first, the babies were distinct and then they became mixed together," they may compose a document granting power of attorney to each other, and on that basis take the portion of the firstborn with their brothers. If the identity of the firstborn was never known - e.g., the two wives gave birth in one hiding place, - they should not compose a document granting power of attorney to each other, for there is no extra portion for the firstborn.
Halacha 7
The following laws apply when a person had two sons - a firstborn and an ordinary son - and they both died in his lifetime, after fathering children. The firstborn left a daughter and the ordinary son left a son. The son of the ordinary son inherits one third of the estate of his grandfather - i.e., his father's portion. And the daughter of the firstborn inherits two thirds of that estate, her father's portion.
The same laws apply with regard to the sons of the deceased's brothers, or the sons of his uncles, or any other set of heirs. If the father of any of the heirs was a firstborn, the person who inherits his share of the estate also receives the firstborn's share.
Halacha 8
A firstborn does not receive a double portion of his mother's estate. What is implied? When a firstborn and an ordinary son inherit their mother's estate, they divide it equally. This applies with regard to a son who was the firstborn with regard to the laws of inheritance, and to one who "open his mother's womb."
Halacha 9
The firstborn with regard to the laws of inheritance is the first child born to the father, as ibid.:17 states: "Because he is the first manifestation of his strength." We do not pay attention to the child's status vis-a-vis his mother. o Even if she gave birth to several sons previously, since this was the first son born to the father, he receives a double portion of the inheritance.
Halacha 10
A son who is born after stillborn babies, even if the stillborn baby was alive when its head emerged from the womb, is considered the firstborn with regard to the laws of inheritance. Similarly, when a fetus was born after a full-term pregnancy, but was not alive when its head emerged, the son who follows is considered the firstborn with regard to the laws of inheritance.
The term "the first of his strength," Deuteronomy 21:17, used with regard to the firstborn implies that no child before him emerged alive into the world. Hence, when a fetus was alive after its head emerged after a full-term pregnancy, a son born afterwards in not a firstborn even the first baby died immediately thereafter.
Halacha 11
Neither a son born by Cesarean section, nor the son born after him, is considered "the firstborn." The first son was never "born," and ibid.: 15 states "and she bore sons to him." And the second son is not given this privilege, for he was preceded by another.
Halacha 12
When a person had sons as a gentile and then converted, he does not have a firstborn with regard to the rights of inheritance. If, however, a Jewish man fathered sons from a maid-servant or from a gentile woman, since they are not considered his sons, a son he fathers afterwards from a Jewish woman is considered his firstborn with regard to the laws of inheritance, and he receives a double portion of his father's estate.
Halacha 13
Even if the firstborn is a mamzer, he receives a double portion. This is reflected by Deuteronomy 21:16: "But rather he will recognize the firstborn, the son of the hated one." This refers to a woman whose marriage is "hated." Needless to say, this applies if the firstborn is the son of a divorcee or a woman who performed chalitzah.
Halacha 14
There are three individuals whose word is accepted with regard to the designation of a firstborn: the midwife, the mother and the father.
The midwife's word is accepted only at the moment of birth. For example, a woman gave birth to twins; if the midwife said: "This one emerged first," her word is accepted.
His mother's word is accepted for the first seven days after birth, when she says: "This one is the firstborn."
His father's word is always accepted. Even if the father said that a person who was not known to be his son was his firstborn son, his word is accepted. Similarly, his word is accepted if he says that the person whom we consider to be his firstborn is not his firstborn.
Halacha 15
When a father loses his ability to speak, we check the soundness of his intellect in the same way as is done with regard to a bill of divorce. If through his motions he indicates - or he writes - that this is his firstborn son, that son receives a double portion.
Halacha 16
If witnesses testify that they heard a father make certain statements that clearly indicate that a child is his firstborn son, the son receives a double portion even though the father did not explicitly say: "This is my firstborn son."
Halacha 17

If the father was heard saying: "This son of mine is a firstborn," the son does not necessarily receive a double portion of the estate because of this testimony. Perhaps the son was the mother's firstborn, and this was his father's intent. For the son to receive a double portion, the father must call him: "My son, my firstborn."
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Hayom Yom:
Friday, 21 Cheshvan 5775 • 14 November 2014

"Today's Day"
Friday, Cheshvan 21, 5704
Torah Lesson: Chumash: Chayei Sara, Shishi with Rashi.
Tehillim: 104-105.
Tanya: This is the (p. 581) ...ch. 38, see there. (p. 583).
It is the avoda of davening which brings the comprehension of the brain into the emotional sensitivity of the heart - and (also brings) both of them together into the practical avoda of performing mitzvot with fear-of-Heaven and acquiring fine character-traits.
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Daily Thought:
Leading Forward
You do not need to attain perfection in order to lead.
You need only to discover which way is forward and begin moving in that direction.[6 Tishrei 5738:31; Noso 5738:21; Rosh Chodesh Iyar 5741:16.]
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