Saturday, November 15, 2014

Chabad - Today in Judaism - TODAY IS: Sunday, 23 Cheshvan 5775 • 16 November 2014

Chabad - Today in Judaism - TODAY IS: Sunday, 23 Cheshvan 5775 • 16 November 2014
Today's Laws & Customs:
Today in Jewish History:
Hasmonean Holiday (137 BCE)
In Talmudic times, Cheshvan 23 was commemorated as the day on which the stones of the altar which were defiled by the Greeks were removed from the Holy Temple.
DAILY QUOTE:
When Moses said to G-d, "But they will not believe me" (Exodus 4:1), G-d said to him: "They are believers, the children of believers."(Talmud, Shabbat 97a)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Toldot, 1st Portion (Genesis 25:19-26:5) with Rashi
• Chapter 25
19. And these are the generations of Isaac the son of Abraham; Abraham begot Isaac. יט. וְאֵלֶּה תּוֹלְדֹת יִצְחָק בֶּן אַבְרָהָם אַבְרָהָם הוֹלִיד אֶת יִצְחָק:
And these are the generations of Isaac the son of Abraham: [תּוֹלְדוֹת refers to] Jacob and Esau mentioned in this section.
ואלה תולדות יצחק: יעקב ועשיו האמורים בפרשה:
Abraham begot Isaac: (Only after the Holy One, blessed be He, named him Abraham, did he beget Isaac. Another explanation:) Since Scripture wrote: “Isaac the son of Abraham,” it had to say: “Abraham begot Isaac,” because the scorners of the generation were saying that Sarah had conceived from Abimelech, for she had lived with Abraham for many years and had not conceived from him. What did the Holy One, blessed be He, do? He shaped the features of Isaac’s face to resemble Abraham’s, and everyone attested that Abraham had begotten Isaac. This is the meaning of what is written here: “Isaac, the son of Abraham,” because here is proof that “Abraham begot Isaac.” - [From Midrash Tanchuma, Toledoth 1]
אברהם הוליד את יצחק: על ידי שכתב הכתוב יצחק בן אברהם הוזקק לומר אברהם הוליד את יצחק, לפי שהיו ליצני הדור אומרים מאבימלך נתעברה שרה, שהרי כמה שנים שהתה עם אברהם ולא נתעברה הימנו, מה עשה הקב"ה, צר קלסתר פניו של יצחק דומה לאברהם, והעידו הכל אברהם הוליד את יצחק, וזהו שכתב כאן יצחק בן אברהם היה, שהרי עדות יש שאברהם הוליד את יצחק:
20. And Isaac was forty years old when he took Rebecca the daughter of Bethuel the Aramean of Padan Aram, the sister of Laban the Aramean, to himself for a wife. כ. וַיְהִי יִצְחָק בֶּן אַרְבָּעִים שָׁנָה בְּקַחְתּוֹ אֶת רִבְקָה בַּת בְּתוּאֵל הָאֲרַמִּי מִפַּדַּן אֲרָם אֲחוֹת לָבָן הָאֲרַמִּי לוֹ לְאִשָּׁה:
forty years old: For when Abraham came from Mount Moriah, he was informed that Rebecca had been born. Isaac was then thirty-seven years old, for at that time Sarah died, and from the time that Isaac was born until the “Binding” [of Isaac], when Sarah died, were thirty-seven years, for she was ninety years old when Isaac was born, and one hundred and twenty-seven when she died, as it is stated (above 23:1): “The life of Sarah was [a hundred and twenty seven years.”] This makes Isaac thirty-seven years old, and at that time, Rebecca was born. He waited for her until she would be fit for marital relations-three years-and then married her. — [From Gen. Rabbah 57:1;
בן ארבעים שנה: שהרי כשבא אברהם מהר המוריה נתבשר שנולדה רבקה, ויצחק היה בן שלשים ושבע שנה, שהרי בו בפרק מתה שרה, ומשנולד יצחק עד העקידה שמתה שרה שלושים ושבע שנה, ובת תשעים היתה כשנולד יצחק, ובת מאה עשרים ושבע כשמתה, שנאמר (כג א) ויהיו חיי שרה וגו', הרי ליצחק שלושים ושבע שנים ובו בפרק נולדה רבקה, המתין לה עד שתהא ראויה לביאה שלש שנים ונשאה:
the daughter of Bethuel the Aramean of Padan-Aram, the sister of Laban: Was it not already written that she was the daughter of Bethuel and the sister of Laban and from Padan-Aram? But this is to tell her praise, that she was the daughter of a wicked man and the sister of a wicked man and her place was [inhabited by] wicked people, but she did not learn from their deeds. [From Gen. Rabbah 63:4]
בת בתואל מפדן ארם אחות לבן: וכי עדיין לא נכתב שהיא בת בתואל ואחות לבן ומפדן ארם, אלא להגיד שבחה שהיתה בת רשע ואחות רשע ומקומה אנשי רשע, ולא למדה ממעשיהם:
of Padan-Aram: Because there were two Arams, Aram-naharaim and Aram-zobah, it is called Padan [meaning“pair”], an expression of a pair of oxen, which in Aramaic is פַּדַּן תּוֹרִין. Others interpret “Padan-aram” as “the field of Aram,” because in Arabic, a field is called“fadan.”
מפדן ארם: על שם ששני ארם היו ארם נהרים וארם צובה, קורא אותו פדן, לשון (שמואל א' יא ז) צמד בקר, תרגום פדן תורין. ויש פותרין פדן ארם כמו (הושע יב יג) שדה ארם, שבלשון ישמעאל קורין לשדה פדן:
21. And Isaac prayed to the Lord opposite his wife because she was barren, and the Lord accepted his prayer, and Rebecca his wife conceived. כא. וַיֶּעְתַּר יִצְחָק לַיהֹוָה לְנֹכַח אִשְׁתּוֹ כִּי עֲקָרָה הִוא וַיֵּעָתֶר לוֹ יְהֹוָה וַתַּהַר רִבְקָה אִשְׁתּוֹ:
prayed: Heb. וַיֶעְתַּר. He prayed much and entreated [God] with prayer.
ויעתר: הרבה והפציר בתפלה:
accepted his prayer: Heb. וַיֵעָתֶר. He (God) allowed Himself to be entreated and placated and swayed by him. I say that every expression of עתר is an expression of entreaty and increase, and similarly (Ezek. 8:11):“and a thick (וַעִתַר) cloud of incense,” [meaning] the immensity of the ascent of smoke, and so (ibid. 35:13):“And you have multiplied (וְהַעְתַּרְתֶּם) your words against Me,” and so, (Prov. 27:6):“whereas the kisses of an enemy are burdensome (וְכַעְתָּרוֹת) .” They seem to be many and are burdensome, accroissement in Old French, excessive.
ויעתר לו: נתפצר ונתפייס ונתפתה לו, ואומר אני כל לשון עתר לשון הפצרה ורבוי הוא וכן (יחזקאל ח יא) ועתר ענן הקטרת, מרבית עלית העשן, וכן (שם לה יג) והעתרתם עלי דבריכם, וכן (משלי כז ו) נעתרות נשיקות שונא, דומות למרובות והנם למשא. אינקריישימינ"ט [רבוי] בלע"ז:
opposite his wife: This one (Isaac) was standing in this corner and praying, and that one (Rebecca) was standing in that corner and praying.
לנכח אשתו: זה עומד בזוית זו ומתפלל, וזו עומדת בזוית זו ומתפללת:
accepted his prayer: But not hers, for the prayer of a righteous man, the son of a righteous man, does not compare to the prayer of a righteous man, the son of a wicked man. Therefore, [He accepted] his prayer and not hers. — [Yev. 64a]
ויעתר לו: לו ולא לה, שאין דומה תפלת צדיק בן צדיק לתפלת צדיק בן רשע לפיכך לו ולא לה:
22. And the children struggled within her, and she said, "If [it be] so, why am I [like] this?" And she went to inquire of the Lord. כב. וַיִּתְרֹצֲצוּ הַבָּנִים בְּקִרְבָּהּ וַתֹּאמֶר אִם כֵּן לָמָּה זֶּה אָנֹכִי וַתֵּלֶךְ לִדְרשׁ אֶת יְהֹוָה:
struggled: Perforce, this verse calls for a Midrashic interpretation, for it does not explain what this struggling was all about, and [Scripture] wrote,“If it be so, why am I [like] this?” Our Rabbis (Gen. Rabbah 63:6) interpreted it [the word וַיִתְרוֹצִצוּ] as an expression of running (רוֹצָה) . When she passed by the entrances of [the] Torah [academies] of Shem and Eber, Jacob would run and struggle to come out; when she passed the entrance of [a temple of] idolatry, Esau would run and struggle to come out. Another explanation: They were struggling with each other and quarreling about the inheritance of the two worlds (Mid. Avkir).
ויתרוצצו: על כרחך המקרא הזה אומר דורשני, שסתם מה היא רציצה זו וכתב אם כן למה זה אנכי. רבותינו דרשוהו לשון ריצה, כשהיתה עוברת על פתחי תורה של שם ועבר יעקב רץ ומפרכס לצאת, עוברת על פתחי עבודה זרה עשו מפרכס לצאת. דבר אחר מתרוצצים זה עם זה ומריבים בנחלת שני עולמות:
If [it be] so: that the pain of pregnancy is so great.
ותאמר אם כן: גדול צער העבור:
why am I [like] this?: [Why did I] desire and pray to conceive?- [From Gen. Rabbah 63:6]
למה זה אנכי: מתאוה ומתפללת על הריון:
And she went to inquire: to the academy of Shem. — [Aggadath Bereishith, ch. 73, Targum Jonathan and Yerushalmi]
ותלך לדרוש: לבית מדרשו של שם:
to inquire of the Lord: that He should tell her what would happen to her in the end.
לדרוש את ה': שיגיד לה מה תהא בסופה:
23. And the Lord said to her, "Two nations are in your womb, and two kingdoms will separate from your innards, and one kingdom will become mightier than the other kingdom, and the elder will serve the younger. כג. וַיֹּאמֶר יְהֹוָה לָהּ שְׁנֵי גוֹיִם בְּבִטְנֵךְ וּשְׁנֵי לְאֻמִּים מִמֵּעַיִךְ יִפָּרֵדוּ וּלְאֹם מִלְאֹם יֶאֱמָץ וְרַב יַעֲבֹד צָעִיר:
And the Lord said to her: through a messenger. Shem was told through Divine inspiration, and he told it to her. — [From Gen. Rabbah 63:7]
ויאמר ה' לה: על ידי שליח, לשם נאמר ברוח הקודש והוא אמר לה:
Two nations are in your womb: [The word גוֹיִם] is written גֵייִם [which is pronounced] like גֵאִים (exalted persons). These were Antoninus and Rabbi [Judah the Prince], from whose tables neither radishes nor lettuce were lacking either in the summer or in the winter. — [From Avodah Zarah 11a]
שני גוים בבטנך: גיים כתיב, אלו אנטונינוס ורבי, שלא פסקו מעל שולחנם לא צנון ולא חזרת לא בימות החמה ולא בימות הגשמים:
and two kingdoms: לְאֹם always means a kingdom. — [From Avodah Zarah 2b]
ושני לאמים: אין לאום אלא מלכות:
will separate from your innards: From the womb they are separated, this one to his wickedness, and this one to his innocence.
ממעיך יפרדו: מן המעים הם נפרדים, זה לרשעו וזה לתומו:
will become mightier than the other kingdom: They will not be equal in greatness; when one rises, the other will fall, and so [Scripture] states (Ezek. 26:2): “I shall become full from the destroyed city.” Tyre became full [gained power] only from the destruction of Jerusalem. — [From Meg. 6a, Pes. 42b]
מלאם יאמץ: לא ישוו בגדולה, כשזה קם זה נופל, וכן הוא אומר (יחזקאל כו ב) אמלאה החרבה, לא נתמלאה צור אלא מחורבנה של ירושלים:
24. And her days to give birth were completed, and behold, there were twins in her womb. כד. וַיִּמְלְאוּ יָמֶיהָ לָלֶדֶת וְהִנֵּה תוֹמִם בְּבִטְנָהּ:
And her days…were completed: But regarding Tamar it is written (below 38:27):“And it came about at the time of her travail,” because her term [of pregnancy] was not filled, for she gave birth to them after seven months. — [From Gen. Rabbah 63:8, 85:13]
וימלאו ימיה: אבל בתמר כתיב (להלן לח כז) ויהי בעת לדתה. שלא מלאו ימיה כי לשבעה חדשים ילדתם:
there were twins in her womb: [תוֹמִם is spelled] defectively [missing an “aleph” and“yud”], but concerning Tamar, it is written תְּאוֹמִים, with the plene spelling, [with an “aleph” and“yud”] because they (Perez and Zerah) were both righteous, but here, one was righteous and one was wicked. — [From Gen. Rabbah 63:8]
והנה תומם: חסר, ובתמר תאומים מלא לפי ששניהם צדיקים, אבל כאן אחד צדיק ואחד רשע:
25. And the first one emerged ruddy; he was completely like a coat of hair, and they named him Esau. כה. וַיֵּצֵא הָרִאשׁוֹן אַדְמוֹנִי כֻּלּוֹ כְּאַדֶּרֶת שֵׂעָר וַיִּקְרְאוּ שְׁמוֹ עֵשָׂו:
ruddy: That is a sign that he will be a person who sheds blood (Gen. Rabbah 63:8).
אדמוני: סימן הוא שיהא שופך דמים:
he was completely like a coat of hair: full of hair like a woolen cloak, which is full of hair, flochede in Old French.
כלו כאדרת שער: מלא שער כטלית של צמר המלאה שער פלוקייד"א בלע"ז [אריג צמר]:
and they named him Esau: They all called him this because he was complete (עָשׂוּי) [lit., made,] and fully developed with hair, like one many years old.
ויקראו שמו עשו: הכל קראו לו כן, לפי שהיה נעשה ונגמר בשערו כבן שנים הרבה:
26. And afterwards, his brother emerged, and his hand was grasping Esau's heel, and he named him Jacob. Now Isaac was sixty years old when she gave birth to them. כו. וְאַחֲרֵי כֵן יָצָא אָחִיו וְיָדוֹ אֹחֶזֶת בַּעֲקֵב עֵשָׂו וַיִּקְרָא שְׁמוֹ יַעֲקֹב וְיִצְחָק בֶּן שִׁשִּׁים שָׁנָה בְּלֶדֶת אֹתָם:
And afterwards, his brother emerged, etc.: I heard a Midrash Aggadah that interprets it (the verse) according to its simple meaning: He (Jacob) held onto him lawfully, to restrain him. Jacob was formed from the first drop and Esau from the second. Go forth and learn from a tube that has a narrow opening. Insert two stones into it, one after the other. The one that entered first will emerge last, and the one that entered last will emerge first. The result is that Esau, who was formed last, emerged first, and Jacob, who was formed first emerged last, and Jacob came to restrain him so that he (Jacob) should be the first to be born as he was the first to be formed, and he would open her womb and take the birthright by law. — [From Gen. Rabbah 63:8]
ואחרי כן יצא אחיו וגו': שמעתי מדרש אגדה הדורשו לפי פשוטו, בדין היה אוחז בו לעכבו, יעקב נוצר מטיפה ראשונה ועשו מן השניה, צא ולמד משפופרת שפיה קצרה, תן לה שתי אבנים זו תחת זו, הנכנסת ראשונה תצא אחרונה, והנכנסת אחרונה תצא ראשונה, נמצא עשו הנוצר באחרונה יצא ראשון, ויעקב שנוצר ראשונה יצא אחרון, ויעקב בא לעכבו שיהא ראשון ללידה כראשון ליצירה, ויפטור את רחמה, ויטול את הבכורה מן הדין:
Esau’s heel: [This is] a sign that this one (Esau) will not manage to complete his reign until this one rises up and takes it from him. — [From Gen. Rabbah 63:9]
בעקב עשו: סימן שאין זה מספיק לגמור מלכותו עד שזה עומד ונוטלה הימנו:
and he named him Jacob: The Holy One, blessed be He [gave him this name]. (He said, “You named your firstborn [i.e. this refers to those who named Esau (verse 25)]. I too will name My firstborn.” This is what is written: “and He named him Jacob”) (Mid. Tanchuma Shemoth 4). Another explanation: His father called him Jacob (יַעִקֹב) because of the holding of the heel (הֶעָקֵב). (Yerushalmi Ber. 1:6)
ויקרא שמו יעקב: הקב"ה. דבר אחר אביו קרא לו יעקב על שם אחיזת העקב:
sixty years old: Ten years since he had married her until she became thirteen years old and able to conceive, and the [following] ten years he looked forward and waited for her, as his father had done for Sarah. Since she did not conceive, he knew that she was barren, and he prayed for her, but he did not wish to take a maidservant [as Abraham had done] because he had been hallowed on Mount Moriah to be a perfect burnt offering. — [From Pirkei d’Rabbi Eliezer, ch. 32]
בן ששים שנה: עשר שנים משנשאה עד שנעשית בת שלש עשרה שנה וראויה להריון ועשר שנים הללו צפה והמתין לה כמו שעשה אביו לשרה, כיון שלא נתעברה ידע שהיא עקרה והתפלל עליה. ושפחה לא רצה לישא, לפי שנתקדש בהר המוריה להיות עולה תמימה:
27. And the youths grew up, and Esau was a man who understood hunting, a man of the field, whereas Jacob was an innocent man, dwelling in tents. כז. וַיִּגְדְּלוּ הַנְּעָרִים וַיְהִי עֵשָׂו אִישׁ יֹדֵעַ צַיִד אִישׁ שָׂדֶה וְיַעֲקֹב אִישׁ תָּם ישֵׁב אֹהָלִים:
And the youths grew up, and Esau was: As long as they were small, they were not recognizable through their deeds, and no one scrutinized them to determine their characters. As soon as they became thirteen years old, this one parted to the houses of study, and that one parted to idol worship. — [From Gen. Rabbah 63:10; Tanchuma, Ki Theze 4]
ויגדלו הנערים ויהי עשו: כל זמן שהיו קטנים לא היו נכרים במעשיהם ואין אדם מדקדק בהם מה טיבם, כיון שנעשו בני שלש עשרה שנה זה פירש לבתי מדרשות וזה פירש לעבודה זרה:
who understood hunting: [He knew how] to trap and to deceive his father with his mouth and ask him,“Father, how do we tithe salt and straw?” His father thereby thought that he was scrupulous in his observance of the commandments (Tanchuma, Toeldoth 8).
יודע ציד: לצוד ולרמות את אביו בפיו, ושואלו אבא היאך מעשרין את המלח ואת התבן, כסבור אביו שהוא מדקדק במצות:
a man of the field: As its apparent meaning: an idler who hunts beasts and birds with his bow. — [From Targum Jonathan]
איש שדה: כמשמעו אדם בטל וצודה בקשתו חיות ועופות:
an innocent man: He was not an expert in all these [matters]. Like his heart, so was his mouth. A person who is not astute at deceiving is called תָּם, innocent.
תם: אינו בקי בכל אלה, אלא כלבו כן פיו. מי שאינו חריף לרמות קרוי תם:
dwelling in tents: the tent of Shem and the tent of Eber. — [From Gen. Rabbah 63:10]
ישב אהלים: אהלו של שם ואהלו של עבר:
28. And Isaac loved Esau because [his] game was in his mouth, but Rebecca loved Jacob. כח. וַיֶּאֱהַב יִצְחָק אֶת עֵשָׂו כִּי צַיִד בְּפִיו וְרִבְקָה אֹהֶבֶת אֶת יַעֲקֹב:
in his mouth: As the Targum renders: into Isaac’s mouth. The Midrashic interpretation is: with Esau’s mouth, for he would entrap him and deceive him with his words. — [From Tanchuma, Toledoth 8]
בפיו: כתרגומו בפיו של יצחק. ומדרשו בפיו של עשו שהיה צד אותו ומרמהו בדבריו:
29. Now Jacob cooked a pottage, and Esau came from the field, and he was faint. כט. וַיָּזֶד יַעֲקֹב נָזִיד וַיָּבֹא עֵשָׂו מִן הַשָּׂדֶה וְהוּא עָיֵף:
cooked: Heb. וַיָּזֶד, an expression of cooking, as the Targum renders.
ויזד: לשון בישול, כתרגומו:
and he was faint: Heb. עָיֵף (Gen. Rabbah 63: 12) from committing murder, as it is said (Jer. 4:31):“for my soul is faint (עָיְפָה) before the murderers.”
והוא עיף: ברציחה, כמה דתימא (ירמיה ד לא) כי עיפה נפשי להורגים:
30. And Esau said to Jacob, "Pour into [me] some of this red, red [pottage], for I am faint"; he was therefore named Edom. ל. וַיֹּאמֶר עֵשָׂו אֶל יַעֲקֹב הַלְעִיטֵנִי נָא מִן הָאָדֹם הָאָדֹם הַזֶּה כִּי עָיֵף אָנֹכִי עַל כֵּן קָרָא שְׁמוֹ אֱדוֹם:
Pour into [me]: I will open my mouth, and [you] pour very much into it, as we learned (Shab. 155b):“We may not stuff a camel, etc. [on the Sabbath] but we may put food into its mouth (מַלְעִטִין) .” - [From Gen. Rabbah 63:12]
הלעיטני: אפתח פי ושפוך הרבה לתוכה, כמו ששנינו אין אובסין את הגמל אבל מלעיטין אותו:
some of this red, red [pottage]: red lentils. And on that day, Abraham died, lest he see Esau, his grandson, falling into bad ways, for that would not be the “good old age” that the Holy One, blessed be He, had promised him. Therefore, the Holy One, blessed be He, shortened his life by five years, for Isaac lived one hundred and eighty years, and this one (Abraham) [lived] one hundred and seventy-five years, and Jacob cooked lentils to feed the mourner (Isaac). But why lentils? Because they are [round as] a wheel, for mourning is like a wheel revolving in the world. (Also, just as lentils have no mouth [no crack], as other beans have, so does the mourner have no mouth, for he is prohibited from speaking. It is therefore the custom to feed the mourner eggs at the beginning of his meal, since they are round, and have no mouth. So too does a mourner have no mouth, as is discussed in Mo’ed Katan (21b): “A mourner, for the entire first three days, may not respond to anyone’s greeting, and may surely not initiate a greeting. From the third day to the seventh, he may respond, but may not greet, etc.” [This is found] in an old [edition of] Rashi.)- [From Gen. Rabbah 63:12, B.B. 16b]
מן האדם האדם: עדשים אדומות, ואותו היום מת אברהם שלא יראה את עשו בן בנו יוצא לתרבות רעה, ואין זו שיבה טובה שהבטיחו הקב"ה, לפיכך קצר הקב"ה חמש שנים משנותיו, שיצחק חי מאה ושמונים שנה וזה מאה שבעים וחמש שנה, ובישל יעקב עדשים להברות את האבל. ולמה עדשים, שדומות לגלגל שהאבלות גלגל החוזר בעולם (ועוד מה עדשים אין להם פה כך האבל אין לו פה שאסור לדבר. ולפיכך המנהג להברות את האבל בתחלת מאכלו ביצים שהם עגולים ואין להם פה, כך אבל אין לו פה כדאמרינן במועד קטן (כא ב) אבל כל שלשה ימים הראשונים אינו משיב שלום לכל אדם וכל שכן שאינו שואל בתחלה, משלשה ועד שבעה משיב ואינו שואל וכו'):
31. And Jacob said, "Sell me as of this day your birthright." לא. וַיֹּאמֶר יַעֲקֹב מִכְרָה כַיּוֹם אֶת בְּכֹרָתְךָ לִי:
Sell me as of this day: As the Targum renders: כְּיוֹם דִילְהֵן, “like this day” ; just as this day is clear, so sell it to me with a clear sale.
מכרה כיום: כתרגומו כיום דילהן, כיום שהוא ברור, כך מכור לי מכירה ברורה:
your birthright: Since the [sacrificial] service was performed by the firstborn, Jacob said, “This wicked man does not deserve to sacrifice to the Holy One, blessed be He.” - [From Gen. Rabbah 63:13]
בכרתך: לפי שהעבודה בבכורות, אמר יעקב אין רשע זה כדאי שיקריב להקב"ה:
32. Esau replied, "Behold, I am going to die; so why do I need this birthright?" לב. וַיֹּאמֶר עֵשָׂו הִנֵּה אָנֹכִי הוֹלֵךְ לָמוּת וְלָמָּה זֶּה לִי בְּכֹרָה:
Esau replied, “Behold, I am going to die”: (The birthright is something unstable, for the [sacrificial] service will not always be the function of the firstborn, for the tribe of Levi will take it. Furthermore,) said Esau [to Jacob], “What is the nature of this service?” He replied, “There are many prohibitions and punishments and death penalties involved with it, as we learned (Sanh. 83a): ‘These are the ones who are liable to death: Those [performing the Temple service] who have imbibed wine and those who have not cut their hair.’” He (Esau) said,“Behold, I am going to die because of it (i.e., the birthright); if so, why should I want it?”
הנה אנכי הולך למות: (מתנודדת והולכת היא הבכורה שלא תהא כל עת העבודה בבכורות כי שבט לוי יטול אותה ועוד) אמר עשו מה טיבה של עבודה זו, אמר לו כמה אזהרות ועונשין ומיתות תלוין בה, כאותה ששנינו אלו הן שבמיתה שתויי יין, ופרועי ראש. אמר אני הולך למות על ידה, אם כן מה חפץ לי בה:
33. And Jacob said, "Swear to me as of this day"; so he swore to him, and he sold his birthright to Jacob. לג. וַיֹּאמֶר יַעֲקֹב הִשָּׁבְעָה לִּי כַּיּוֹם וַיִּשָּׁבַע לוֹ וַיִּמְכֹּר אֶת בְּכֹרָתוֹ לְיַעֲקֹב:
34. And Jacob gave Esau bread and a pottage of lentils, and he ate and drank and arose and left, and Esau despised the birthright. לד. וְיַעֲקֹב נָתַן לְעֵשָׂו לֶחֶם וּנְזִיד עֲדָשִׁים וַיֹּאכַל וַיֵּשְׁתְּ וַיָּקָם וַיֵּלַךְ וַיִּבֶז עֵשָׂו אֶת הַבְּכֹרָה:
and Esau despised: Scripture attests to his wickedness, that he despised the service of the Omnipresent.
ויבז עשו: העיד הכתוב על רשעו שביזה עבודתו של מקום:
Chapter 26
1. And there was a famine in the land, aside from the first famine that had been in the days of Abraham, and Isaac went to Abimelech the king of the Philistines, to Gerar. א. וַיְהִי רָעָב בָּאָרֶץ מִלְּבַד הָרָעָב הָרִאשׁוֹן אֲשֶׁר הָיָה בִּימֵי אַבְרָהָם וַיֵּלֶךְ יִצְחָק אֶל אֲבִימֶלֶךְ מֶלֶךְ פְּלִשְׁתִּים גְּרָרָה:
2. And the Lord appeared to him, and said, "Do not go down to Egypt; dwell in the land that I will tell you. ב. וַיֵּרָא אֵלָיו יְהֹוָה וַיֹּאמֶר אַל תֵּרֵד מִצְרָיְמָה שְׁכֹן בָּאָרֶץ אֲשֶׁר אֹמַר אֵלֶיךָ:
Do not go down to Egypt: For he had in mind to go down to Egypt as his father had gone down in the days of the famine. He [God] said to him, “Do not go down to Egypt.” You are [as] a perfect burnt offering, and being outside the Holy Land is not fitting for you. [Tanchuma Buber, Toledoth 6; Gen. Rabbah 64:3]
אל תרד מצרימה: שהיה דעתו לרדת מצרימה כמו שירד אביו בימי הרעב, אמר לו אל תרד מצרימה שאתה עולה תמימה, ואין חוצה לארץ כדאי לך:
3. Sojourn in this land, and I will be with you, and I will bless you, for to you and to your seed will I give all these lands, and I will establish the oath that I swore to Abraham, your father. ג. גּוּר בָּאָרֶץ הַזֹּאת וְאֶהְיֶה עִמְּךָ וַאֲבָרֲכֶךָּ כִּי לְךָ וּלְזַרְעֲךָ אֶתֵּן אֶת כָּל הָאֲרָצֹת הָאֵל וַהֲקִמֹתִי אֶת הַשְּׁבֻעָה אֲשֶׁר נִשְׁבַּעְתִּי לְאַבְרָהָם אָבִיךָ:
these: הָאֵל is equivalen to הָאֵלה
האל: כמו האלה:
4. And I will multiply your seed like the stars of the heavens, and I will give your seed all these lands, and all the nations of the earth will bless themselves by your seed, ד. וְהִרְבֵּיתִי אֶת זַרְעֲךָ כְּכוֹכְבֵי הַשָּׁמַיִם וְנָתַתִּי לְזַרְעֲךָ אֵת כָּל הָאֲרָצֹת הָאֵל וְהִתְבָּרֲכוּ בְזַרְעֲךָ כֹּל גּוֹיֵי הָאָרֶץ:
And they will bless themselves by your seed: A man tells his son, "May your children be like the children of Yitzchak". And the same in all of Scripture. And the following is the archetype of all (48:20): Through you shall Israel bless, saying, may [G-d] see you as Ephraim and Manasseh. We also found with regards to the curse, (Numbers 5:27), "And the woman shall be a curse" whereby one who curses his enemy says "may you be like that particular woman". Similarly (Isaiah 65:15), "May you leave your name as an oath to my chosen" whereby one who takes an oath says "May I be like that particular person if I did such and such and such".
והתברכו בזרעך: אדם אומר לבנו יהא זרעך כזרעו של יצחק, וכן בכל המקרא. וזה אב לכולן (להלן מח כ) בך יברך ישראל לאמר ישימך כאפרים וכמנשה, ואף לענין הקללה מצינו כן (במדבר ה כז) והיתה האשה לאלה, שהמקלל שונאו אומר תהא כפלונית, וכן (ישעיה סה טו) והנחתם שמכם לשבועה לבחירי, שהנשבע אומר אהא כפלוני אם עשיתי כך וכך:
5. Because Abraham hearkened to My voice, and kept My charge, My commandments, My statutes, and My instructions." ה. עֵקֶב אֲשֶׁר שָׁמַע אַבְרָהָם בְּקֹלִי וַיִּשְׁמֹר מִשְׁמַרְתִּי מִצְו‍ֹתַי חֻקּוֹתַי וְתוֹרֹתָי:
Because Abraham hearkened to My voice: when I tested him.
שמע אברהם בקולי: כשנסיתי אותו:
and kept My charge: [Referring to] decrees to distance [himself] from transgressing the warnings in the Torah, e.g. secondary prohibitions to prevent incest from occurring, and the Rabbinic decrees to safeguard the prohibitions of the Sabbath.
וישמר משמרתי: גזרות להרחקה על אזהרות שבתורה, כגון שניות לעריות ושבות לשבת:
My commandments: [Referring to] things, which, had they not been written, would have been fit to be commanded, e.g. [prohibitions against] robbery and bloodshed.
מצותי: דברים שאילו לא נכתבו ראויין הם להצטוות כגון גזל ושפיכות דמים:
My statutes: [Referring to] things that the evil inclination and the nations of the world argue against, e.g. [the prohibitions against] eating pork and wearing garments of wool and linen for which no reason [is given], but [which are] the decree of the King and His statutes over His subjects.
חקותי: דברים שיצר הרע ואומות העולם משיבין עליהם כגון אכילת חזיר ולבישת שעטנז שאין טעם בדבר אלא גזירת המלך וחקותיו על עבדיו:
and My instructions: To include the Oral Law, the laws given to Moses from Sinai. [Yoma 28b]
ותורתי: להביא תורה שבעל פה, הלכה למשה מסיני:
___________________________
Daily Tehillim: Psalms Chapters 108-112
• Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken the dawn.
4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city? Who led me unto Edom?
12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary; futile is the help of man.
14. Through God we will do valiantly, and He will trample our oppressors.
Chapter 109
David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm. O God of my praise, be not silent.
2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.
3. They have surrounded me with words of hate, and attacked me without cause.
4. In return for my love they hate me; still, I am [a man of] prayer.
5. They placed harm upon me in return for my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an adversary stand at his right.
7. When he is judged may he go out condemned; may his prayer be considered a sin.
8. May his days be few; may another take his position.
9. May his children be orphans and his wife a widow.
10. May his children wander about and beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may their name be erased in a later generation.
14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always, and may He cut off their memory from the earth.
16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].
17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my heart has died within me.
23. Like the fleeting shadow I am banished, I am tossed about like the locust.
24. My knees totter from fasting, and my flesh is lean without fat.
25. And I became a disgrace to them; they see me and shake their heads.
26. Help me, Lord, my God, deliver me according to Your kindness.
27. Let them know that this is Your hand, that You, Lord, have done it.
28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”
2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has crushed kings on the day of His fury.
6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.
7. He will drink from the stream on the way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.
1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet] available to all who desire them.
3. Majesty and splendor are His work, and His righteousness endures forever.
4. He established a memorial for His wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He remembered His covenant always.
6. He has declared the power of His deeds to His people, to give them the inheritance of nations.
7. The works of His hands are true and just; all His mandates are faithful.
8. They are steadfast for ever and ever, for they are made with truth and uprightness.
9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.
Chapter 112
This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house, and his righteousness endures forever.
4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.
10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.
____________________________
Tanya: Iggeret HaKodesh, Epistle 30
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, 23 Cheshvan 5775 • 16 November 2014
Iggeret HaKodesh, Epistle 30
This is a reasoned message of encouragement in which the Alter Rebbe urges his chassidim not to reduce their fixed annual commitment to charity for the Holy Land, even though their circumstances may have altered. He reminds them once again (as above in Epistle XXI), that what counts is not only the total of one’s contributions over a particular period, but also the multiplicity of benevolent action. The potent repercussions of this oft-repeated activity resound all the way up to the World of Atzilut, where they impregnate the Sefirah of Malchut — the mother, so to speak, of all created worlds.
מודעת זאת מה שאמרו רז״ל: כל הרגיל לבא לבית הכנסת, ויום אחד לא בא, הקדוש ברוך הוא שואל עליו, שנאמר: מי בכם ירא ה׳ וכו׳
It is well known that our Sages, of blessed memory, said that1 whoever is accustomed to come to the synagogue, and one day did not come, the Holy One, blessed be He, inquires after him; for it is written,2 “Who among you fears G‑d, [who listens to the voice of His (prophetic) servant; who walked in the darkness, and for whom no light shone]?”
The Gemara understands this verse as referring to a person who went to “a place of darkness”; his path on this occasion did not lead to the performance of a mitzvah, and this was why he did not attend synagogue. In contrast, the commentaries on the Tanach understand the quoted phrase as referring to a person who finds himself in a situation of darkness and travail. And even such an individual should not refrain from attending, but should (as the verse concludes) “trust in the Divine Name, and rely on His G‑d.”
In this spirit, the present letter argues that even in a difficult situation, at a time of “darkness”, a Jew should not think of reducing his accustomed charitable contributions; rather, he should “trust in the Divine Name, and rely on His G‑d.”
To return now to the opening teaching — that whoever is accustomed to come to the synagogue, and one day did not come, G‑d inquires after him. This does not apply only to the communal prayer of which the Gemara speaks; rather:
וכן בכל המצות, ובפרט מצות הצדקה, ששקולה כנגד כל המצות
The same applies to all the commandments, and especially to the precept of charity, which is3 “balanced against all the commandments.” Thus, if the above teaching applies to prayer, it surely applies to charity: If a person retreats from his customary charitability, “G‑d inquires after him.”
הגם שהיא בלי נדר, חס ושלום
Though [one’s regular giving] is not bound by a vow, heaven forfend, for one should of course see to it that an accustomed mitzvah should not become subject to the legal force of a vow,4
אף על פי כן, כל החיל אשר נגע יראת ה׳ בלבם, לא יאתה לנפשם האלקית לתת מגרעות בקדש
nevertheless, it is not becoming to the divine soul of all the men of valor whose hearts the fear of G‑d has touched,5 that they should reduce that which is holy, for by restricting their charitable contributions they reduce the downflow of Divine energy from the sublime source which is called Kodesh (lit., “holy”) into the Sefirah of Malchut,
מאשר כבר הורגלו מדי שנה להפריש ממאודם
relative to what they were accustomed to set aside, annually, from their wealth,6
להחיות רוח שפלים ונדכאים, דלית להון מגרמיהון
to revive the spirit of the humble and downcast who have nothing of their own, viz., the impoverished settlers of the Holy Land —
היא בחינת סוכת דוד הנופלת וכו׳
which [during the time of exile] is referred to as7 “the fallen sukkah of David...,” as also is its supernal source, the Sefirah of Malchut in the World of Atzilut,8
לקומם ולרומם וכו׳
to raise and exalt [it]...
למהוי אחד באחד וכו׳
“so that oneness be united with Oneness.”9
In the context of souls in this world, this means that tzedakah unites one Jew with his fellow. In the supernal context of Sefirot, it refers to the desired connection between (a) the “lower level of unity” (Yichuda Tataah) which comes into being when the Sefirah of Malchut becomes a source of creation to lower worlds, and (b) the “higher level of unity” (Yichuda Ilaah) involving the six higher emotive Sefirot, which transcend direct contact with the created worlds. This is the union of Kudsha Brich Hu and His Shechinah, which is also called Malchut of Atzilut.
והכל לפי רוב המעשה וכו׳
And10 “everything is [judged] according to the multiplicity of action....”
As discussed above in Epistle XXI, it is preferable to divide a sum set aside for tzedakah into many individual acts of giving. Maimonides explains11 that this refines the soul. Chassidut adds that each act of giving effects a union (yichud) in the worlds above.
Accordingly, the Alter Rebbe had explained in the above Epistle that one’s annual contribution for the needy of Eretz Yisrael should be given weekly or at least monthly. It could therefore be that here he is warning against reducing one’s contribution one year and compensating for it the following year, because in this way the present year would be lacking the “multiplicity of action.” (It is clear that the Alter Rebbe is not speaking here of a situation in which a person simply thinks of not giving because of his difficult circumstances, because he has already said in Epistle XVI that even if one needs to borrow for food, he should still give tzedakah.)
ולפי החשבון
and according to the account (cheshbon).
As the Alter Rebbe will soon point out, the level of Divinity from which one elicits “G‑d’s greatness” is determined by the magnitude of the total amount — whether it is in hundreds or thousands, or whatever. (Multiples of a hundred, for example, relate to the level known as Keter.) Reducing one’s regular gift thus proportionately reduces both his “great amount” and its cosmic effect.
כמאמר רז״ל: כל פרוטה ופרוטה מצטרפת לחשבון גדול וכו׳
Thus our Sages, of blessed memory, said,12 “All the individual coins [given to charity] add up to a great amount (cheshbon gadol),”
על דרך מאמר רז״ל: אימתי גדול הוי׳, כשהוא בעיר אלקינו וכו׳
and as taught by our Sages, of blessed memory,13 “When is ‘Havayah great’? — When He is ‘in the city of our G‑d’ Malchut, at which]14
I.e., G‑d’s greatness is revealed when the Divine Name Havayah is vested in the Sefirah of Malchut, and illuminates it. Malchut, the realm of speech, is known as “the city of our G‑d,” for just as a city is composed of many dwellings which in turn are composed of many bricks, so too is the realm of speech built up of many letters and combinations of letters. In Sefer Yetzirah,15 letters are termed “stones”, for they are the basic bricks which join to form the ongoing Divine creative utterances which are the source of all worlds and all created beings.16 They thus reveal the greatness of G‑d’s glory.
The Alter Rebbe now continues to speak of the “city of our G‑d,” which is the Sefirah of Malchut:
היא בחינת ומקום החשבון
This is the spiritual state and the place of reckoning (cheshbon),17
For reckoning is possible only with entities which are finite and divisible, and Malchut is the source of all finite and divisible created beings.
כמו שכתוב: עיניך ברכות בחשבון
as it is written,18 “Your eyes are wells in Cheshbon.”
Since a well (or a pool) is a receptor for water that flows down into it, “well” serves as a term for Malchut, i.e., the “feminine” Sefirah which receives the downflow of Divine life-force from the higher Sefirot. The word “Cheshbon” is a Biblical place name, but on the non-literal level of derush it is here understood in its dictionary meaning of “recokning”. The allusion to this verse thus reinforces the identity of the concept of “reckoning” with the Sefirah of Malchut.
The Alter Rebbe now returns to clarify the meaning of his earlier statement that giving a “great amount” (cheshbon gadol) of tzedakah manifests the “greatness of Havayah” in the “city of our G‑d.”
והמכוון, כנודע, כי באתערותא דלתתא, המשכת חיים חן וחסד במעשה הצדקה, ברצון הטוב וסבר פנים טובות, אתערותא דלעילא
As is known, the meaning [of the above statement] is that as a result of an arousal from [man] below — the provision of [the means for] life, grace and kindness by an act of charity with goodwill and a friendly countenance — there is elicited an arousal from above,
יאר ה׳ פניו, הוא הארת והמשכת חן וחסד ורצון עליון
[so that]19 “G‑d will make His Countenance shine forth,” with a radiation and downflow of grace, kindness and Supreme favor
מחיי החיים, אין סוף ברוך הוא, אשר לגדולתו אין חקר והשגה כלל
from the Fountainhead of Life, the blessed Ein Sof,20 “Whose greatness is unfathomable” and utterly incomprehensible (and thus not manifest),
אל בחינת מלכותך מלכות כל עולמים, עלמא דאתגליא
to the level [of Divinity, viz., Malchut, at which]21 “Your kingdom is the kingdom of all worlds,” [i.e.,] the “World of Manifestation.”
המחיה כל הברואים שבכל ההיכלות עליונים ותחתונים, שהן בבחינת מספר וחשבון
This [Sefirah of Malchut] animates all the created beings that are in all the upper and lower Heichalot, which are all subject to counting and reckoning (cheshbon),
כמו שכתוב: אלף אלפים ישמשוניה
as it is written,22 “A thousand thousands (i.e., a finite number of angels) minister unto Him.”
To revert now to our above key phrase, cheshbon gadol (“a great reckoning”): Giving tzedakah with goodwill and a friendly countenance marries the infinite power of gadol Havayah (“G‑d is great”) with the finite framework of cheshbon (“reckoning”) — the Sefirah of Malchut, which is the source of all finite created beings.
וזהו חשבון גדול, שעל ידי רוב מעשה הצדקה, שלום
This, then, is the meaning of the “great amount,” for numerous acts of charity bring about peace, as it is written,23 “And [the reward for] the act of tzedakah will be peace,” as explained above in Epistle 12.
כי פירוש שלום, הוא דבר המחבר ומתווך ב׳ קצוות הפכיים
For “peace” implies the joining and conciliation of two opposite extremes.
שהן קצה השמים לעילא, בחינת ולגדולתו אין חקר
[In our context] these are the extremity of the superior heaven, alluded to in the phrase, “And His greatness is unfathomable,” referring to G‑d’s incomprehensible infinitude,
וקצה השמים לתתא
and the extremity of the inferior heaven, referring to Malchut, the lowest of the Ten Sefirot,
המתלבש בבריאה יצירה עשיה, בחינת גבול ומספר
which becomes vested in [the Worlds of] Beriah, Yetzirah and Asiyah, [i.e.,] in a category of finitude and number.
ודי למבין
This will suffice for the discerning.
FOOTNOTES
1. Cf. Berachot 6b.
2. Yeshayahu 50:10.
3. Bava Batra 9b; Yerushalmi, Peah 1:5.
4. Shulchan Aruch, Yoreh Deah, sec. 203.
5. Cf. I Samuel 10:26.
6. Berachot 9:5.
7. Siddur Tehillat HaShem, p. 93.
8. Cf. Epistles IV and XXI, above.
9. From the passage beginning Kegavna, in Zohar II, 135a; cf. Siddur Tehillat HaShem, p. 133.
10. Avot 3:15.
11. In his commentary ad loc.
12. Bava Batra 9b.
13. Zohar II, 225a, commenting on Tehillim 48:2.
14. Loc. cit., verse 13.
15. 4:12.
16. Cf. Shaar HaYichud VehaEmunah (in Vol. III of the present series), chs. 1 and 2.
17. Cf. Zohar III, 220b.
18. Shir HaShirim 7:5.
19. Bamidbar 6:25.
20. Tehillim 145:3.
21. Loc. cit., verse 13.
22. Daniel 7:10.

23. Yeshayahu 10:17.
____________________________
Rambam: 
Daily Mitzvah P248 Sefer Hamitzvot
Today's Mitzvah
Sunday, 23 Cheshvan 5775 • 16 November 2014
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
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.
________________________________________
Rambam:
• 1 Chapter a Day: Mamrim - Chapter 5
Mamrim - Chapter 5
Halacha 1
A person who curses his father and mother should be executed by stoning, as Leviticus 20:9 states: "He cursed his father and his mother; he is responsible for his death." He is stoned to death whether he curses them while alive or after they died. It is necessary that his act be observed by witnesses and they warn him as is required with regard to other individuals executed by the court.
The above applies to both a man and woman, and also to a tumtum and an androgynus, provided they reached majority, the age when they can be subjected to punishment.
Halacha 2
A person is not liable for execution by stoning unless he curses his parents with one of God's unique names. If he cursed them with another term used to refer to Him, he is not liable for execution by stoning. He should, however, be lashed, as he would be lashed for cursing any other proper Jew.
Halacha 3
Similarly, a person who curses his paternal and maternal grandfather is considered as if he cursed any other person.
Halacha 4
What is the source which serves as a warning against cursing one's father and one's mother? We have heard the punishment explicitly stated, the warning, however, is not stated explicitly. Instead, it can be inferred from Leviticus 19:14: "Do not curse a deaf-mute." Since a person is warned not to curse any Jew, his father is also included, for he is also Jewish.
Halacha 5
A person who strikes his father or mother should be executed by strangulation, as Exodus 21:15 states: "One who strikes his father or his mother should certainly die." It is necessary that his act be observed by witnesses and they warn him as is required with regard to other individuals executed by the court.
The above applies to both a man and woman, and also to a tumtum, and an androgynus provided they reached majority, the age when they can be subjected to punishment.
A person is not liable for strangulation until he wounds his parents. If he does not wound them, it is as if he strikes another Jew. If he strikes them after their death, he is not liable.
Halacha 6
When a person strikes his father on his ear and causes him to become deaf, he is liable for execution. The rationale is that it is impossible for him to become deaf without there being an internal wound. Instead, we can be certain that at least a drop of blood was released within the ear and that caused him to become deaf.
Halacha 7
When a person lets blood for his father, or if he was a doctor and amputated flesh or a limb, he is not liable. Even though he is not liable, the initial and preferred option is for him not to perform the operation. Nor should he remove a thorn from the flesh of his father or mother lest he cause a bruise.
When does the above apply? When there is another person there who is capable of performing these actions. If, however, there is no one else there capable of doing this but him and they are suffering, he may let blood or amputate according to the license that they grant him.
Halacha 8
What is the source which serves as a warning against striking one's father and one's mother? We have heard the punishment explicitly stated, the warning, however, is not stated explicitly. Since a person is warned not to strike any Jew, his father and mother are also included.
Halacha 9
A shituki is liable for cursing or striking his mother, but not his father. Although his mother is questioned and she says: "He is the son of so-and-so," he should not be executed by stoning or strangulation because of her testimony.
A person who is conceived through relations between a Jew and a maid-servant or a gentile woman, by contrast, is not liable for cursing or striking his father or his mother. Similarly, a convert - even if he was conceived outside the faith, but born within the faith - is not liable for cursing or striking his father.
Halacha 10
Just as such a person is not liable for cursing or striking his father, he is not liable for cursing or striking his mother. This is derived from Exodus 21:17: "One who curses his father and mother shall die." Implied is one who is liable for cursing his father is liable for cursing his mother. Since such a person is not liable for his father, he is not liable for his mother.
Halacha 11
A convert is forbidden to curse or to strike his gentile father or to degrade him, so that people will not say: "They came from a more severe level of holiness to a lesser level of holiness, for this person degrades his father."66 Instead, he should offer him certain measures of honor.
A servant, by contrast, has no connection to his natural parents. His natural father is as if he was not his father with regard to all matters. This applies even if they were both freed.
Halacha 12
When a person's father and mother are absolutely wicked and violate transgressions - even if they were sentenced to death and being taken to their execution - it is forbidden for a son to strike them or curse them. If he curses them or wounds them, however, he is not liable. If they repent, even if they are being taken to their execution, he is liable and is executed because of them.
To whom does the above apply? To the convicted person's son. If, however, an unrelated individual struck or cursed a person after he was sentenced to death, even though he repents, he is not liable, for that person will be executed. If, however, he embarrasses him, he is liable to pay a fine for embarrassing him.
Halacha 13
If a person's father or mother committed a transgression punishable by lashes and the son is a court attendant, he should not lash them. Similarly, if they were obligated to be placed under a ban of ostracism, he should not be the agent to apply this ban. Nor should he push them or degrade them while acting as the emissary of the court even though it is fit to do this to them and they have not repented.
Halacha 14
A son should not serve as an agent to strike or curse his parents except if they entice others to worship idols. For concerning such a person, the Torah Deuteronomy 13:9 states: "Do not have pity and do not cover up for him."
Halacha 15
In any situation where a person is obligated to take an oath to his son, we always saw that he never obligated him to take an oath that involves a curse. Instead, he should have him take an oath that does not involve a curse.
We already explained, that when a father kills his son, none of the slain person's brothers becomes "the redeemer of the blood."
The Torah showed concern not only for striking or cursing one's parents, but also for shaming them. Anyone who shames his parents, even with words alone or merely with an insinuation, is cursed by the Almighty, as Deuteronomy 27:16 states: "Cursed be he who degrades his father and his mother." And Proverbs 30:17 states: "The eye that mocks a father and scorns the training of a mother, the ravens... will gouge it out." The court has the right to administer stripes for rebellious conduct because of this and to punish in the manner they see fit.
____________________________
Rambam:
• 3 Chapters a Day: Nehalot - Chapter 6, Nehalot - Chapter 7, Nehalot - Chapter 8
Nehalot - Chapter 6
Halacha 1
Although all that is involved is money, a person may not give property as an inheritance to a person who is not fit to inherit, nor may he exclude a rightful heir from inheriting. This is derived from the verse in the passage concerning inheritance, Numbers 27:11: "And it shall be for the children of Israel as a statute of judgment."
This verse implies that this statute will never change, and no stipulation can be made with regard to it. Whether a person made statements while he was healthy or on his deathbed, whether orally or in writing, they are of no consequence.
Halacha 2
Therefore, if a person states: "So-and-so is my firstborn son, he should not receive a double portion," or "My son so-and-so should not inherit my estate together with his brothers," his statements are of no consequence. Similarly, if he says: "Let so-and-so inherit my estate" when the dying man has a daughter, or "Let my daughter inherit my estate" when he has a son, his statements are of no consequence. Similar laws apply in all analogous situations.
If, however, he had many heirs - e.g., many sons, brothers, or many daughters - and he says while on his deathbed: "Of all my brothers, only my brother so-and-so should inherit my estate," or "Of all my daughters, only my daughter so-and-so should inherit my estate," his words are binding. This applies whether he made these statements orally or in writing.
If, however, he states: "My son so-and-so should be my sole heir," different rules apply]. If he made this statement orally, his words are binding. If, however, he had a document composed stating that his entire estate should be given to one son, he is considered merely to have appointed him as a guardian, as explained.
Halacha 3
If a person states: "So-and-so my son should inherit half my estate and my other sons should inherit the other half," his words are binding. If, however, he states: "My firstborn should inherit as an ordinary son," or "My firstborn should not receive a double portion among his brothers," his words are of no consequence. This is derived from Deuteronomy 21:16-17: "He cannot give the firstborn rights to the son of the beloved instead of the firstborn, the son of the hated. Instead, he shall recognize the firstborn, the son of the hated."i4
Halacha 4
If the person desiring to bequeath his estate was healthy, he may not increase or decrease either the portion of the firstborn or that of any other heirs.
Halacha 5
When does the above apply? When the person making the bequest uses the expression "inherit." If, however, he gives a present, his statements are binding.
Accordingly, when a person apportions his estate verbally to his sons on his deathbed, his statements are binding even though he gave a greater portion to one, reduced the portion of another and equated the portion of the firstborn with that of his other sons. If, however, he used wording that speaks of "inheritance," his statements are of no consequence.
Halacha 6
If, when apportioning his estate, a person wrote that he is giving his estate as a present, whether at the beginning, the middle, or the end, his statement is binding even though he also spoke of an inheritance.
What is implied? The person said: "Have this-and-this field given to so-and-so, my son, and let him inherit it," "Let him inherit this-and-this field, have it given to him and let him inherit it," or "Let him inherit it and have it given to him." Since he mentioned a present, even though he spoke of an inheritance at the beginning and/or at the end of his statements, his words are binding.
Similarly, if he was apportioning three fields to three different heirs, and he said: "May so-and-so inherit this-and-this field. This-and-this field should be given to so-and-so, and so-and-so should inherit this-and-this field," the intended recipients acquire the gifts even though wording indicating an inheritance was used with regard to one individual, and wording indicating a present was used with regard to another.
This applies provided that the person making the bequest did not make a significant pause between his statements. If, however, he paused, he must mention giving a present with regard to all three individuals.
Halacha 7
What is implied? If the wording mentioning a present was in the middle, he should say: "So-and-so, so-and-so, and so-and-so, should inherit this-and-this field, this-and-this field, and this-and-this field that I gave them as a present, and they should inherit it."
If the wording mentioning a present was in the beginning, he should say: "May this-and-this field, this-and-this field, and this-and-this field be given to so-and-so, so-and-so, and so-and-so, and they should inherit it."
If the wording mentioning a present was at the end, he should say: "May so-and-so, so-and-so, and so-and-so, inherit this-and-this field, this-and-this field, and this-and-this field that I gave to them as a present."
Halacha 8
Although a husband's right to inherit his wife's estate is a Rabbinic decree, our Sages reinforced their words and gave them the strength of Scriptural Law. Hence, a stipulation in which the husband waives his right to her inheritance is not effective unless he made this stipulation while the woman was consecrated, as we have explained in Hilchot Ishut.
Halacha 9
According to Scriptural Law, a gentile inherits his father's estate. With regard to other inheritances, we allow them to follow their own customs.
Halacha 10
A convert does not inherit the estate of his father, a gentile. Nevertheless, our Sages ordained that he be able to inherit the estate as he was entitled previously, lest he return to rebellion against God.
It appears to me that a stipulation can be made with regard to this inheritance, for a gentile is not obligated to accept our Sages' ordinances.
A gentile does not inherit the estate of his father, a convert, nor does one convert inherit another convert's estate, neither according to Scriptural Law nor according to Rabbinic Law.
Halacha 11
Our Sages did not derive satisfaction from a person who gives his property to others, taking it away from his heirs. This applies even when the heirs do not conduct themselves properly toward him. Nevertheless, the recipients acquire everything that was given to them.
It is an attribute of piety for a pious person not to act as a witness with regard to a will in which property is being taken from an heir. This applies even when the property is being taken from a son who does not conduct himself properly, and being given to a brother who is wise and who conducts himself properly.
Halacha 12
Although a Jew converts out of the faith, he retains the right to inherit the estates of his Jewish relatives as before. If, however, the court sees fit to make him forfeit his money and penalize him by preventing him from receiving the inheritance so as not to strengthen his hand, they have that power. If he has children " among the Jewish people, the inheritance due their father, the apostate, should be given to them. This is the custom that is always followed in the West.
Halacha 13
Our Sages commanded that a person should not differentiate between his children in his lifetime, even with regard to a small matter, lest this spawn competition and envy as happened with Joseph and his brothers.
Nehalot - Chapter 7
Halacha 1
Heirs are not given their inheritance until they bring clear proof that the person whose estate they are inheriting did in fact die. Even if they heard that he died, or gentiles mentioned that he died in the course of conversation, despite the fact that this is sufficient for license to be given for the person's wife to remarry and to receive the money due her by virtue of her ketubah, the heirs do not receive their inheritance on this basis.
Halacha 2
When a woman comes and states: "My husband died," although her testimony is accepted and she is given license to remarry and to receive the money due her by virtue of her ketubah, the heirs do not receive their inheritance on this basis.
If she testifies: "My husband died," and is married by his brother, the brother receives the deceased's estate on the basis of her testimony. This is derived from Deuteronomy 25:6: "He will assume the name of his deceased brother," and he has assumed his position.
Halacha 3
When a person drowned in a body of water that has no end, and witnesses testify that he drowned in their presence and all traces of him were lost, his heirs may inherit his estate on the basis of their testimony, despite the fact that, at the outset, his wife is not permitted to remarry in this situation.
Similarly, if witnesses come and testify that they saw a person fall into a lions' or tigers' den, they saw him crucified with birds eating from his body, he was pierced in battle and died, or he was killed, but his face was not recognizable, but there were definitive signs on his body and they were identified - with regard to these and similar situations, if all traces of the person were lost afterwards, the heirs may assume possession of the inheritance because of such testimony, although the person's wife is not given license to marry.
I maintain that our Sages were stringent concerning these matters only because of the severity of the prohibition involving karelt involved. With regard to financial matters, by contrast, if witnesses testify with regard to matters that we can presume will lead to death, saying that they saw these matters, all traces of the person are lost, and afterwards it is heard that he died, we allow the heirs to assume possession of the estate on this basis. This is the standard practice followed on an everyday basis in all courts of law. We have not heard about anyone who rules differently regarding this matter.
Halacha 4
When a report was heard that a person who had been captive died, and the heirs assumed possession of his estate and divided it among themselves, we do not expropriate it from their possession. A similar law applies when a report is heard about the death of a person who fled because of danger to his life."
If, however, a report was heard that a person who voluntarily left his city died, and the heirs assumed possession of his estate and divided it among themselves, we do expropriate it from their possession unless they bring proof that this person died.
Halacha 5
The court is obligated to take responsibility for the property belonging to a person who was taken captive or one who fled because of mortal danger.
What do they do? They entrust all the movable property to a person deemed trustworthy by the court for safekeeping.'9 They give possession of the landed property to relatives who are fit to inherit it, so that they would work the land and care for the property until they know whether the person died or he comes.
When the person who was taken captive or who fled comes, we evaluate the increase in value brought about by the relatives who were granted trusteeship and the benefit they received according to the norms applying to sharecroppers in that region.
Why does the court not appoint a guardian at all times, both for movable property and for landed property, until the owners come or until it is definitely known that they died? Because the court is not obligated to appoint guardians for adults who are intellectually mature.
Halacha 6
When a person was taken captive or fled because of danger and left standing grain to reap, or grapes, dates or olives to harvest, the court takes possession of their property and appoints a guardian who will reap or harvest this produce and sell it. The money is then entrusted to the court for safekeeping together with the remainder of the movable property. Afterwards, the relative is given possession of the property as stated in the previous halachah. This procedure is followed because if the relative were given the land at the outset, he might harvest this produce - for it is already as if it had been reaped - and consume it.
This concept also applies with regard to courtyards, inns and stores that are fit to be rented out, do not need work, for here is no difficulty in tending to them, and they are usually not given out in a sharecropping agreement. We do not place them in the possession of an heir, for he would collect the rent and consume it.
What is done instead? The court appoints a collector and has the rent placed in the court until the heir brings proof that the owner died or until the owner comes and takes his property.
Halacha 7
A relative is never given possession of property other than fields, gardens, vineyards and the like. In these properties, he is considered as a sharecropper. This measure is instituted so that the properties will not be ruined and be left fallow and desolate.
Halacha 8
The following laws apply when a person left his dwelling place voluntarily, abandoning his property, and we do not where he went or what happened to him. We do not give his property to a relative. If, however, a relative takes possession of it, we do not remove him from it. The court does not have the responsibility to tend to such a person's property and appoint a guardian, neither for the landed property nor for the movable property. The rationale is that he voluntarily departed and abandoned his property.
What are the laws governing this person's property? The movable property should remain in the possession of the person in whose domain it is found until this person comes and claims it or until he dies and it is claimed by heirs.
Halacha 9
With regard to landed property in which he left someone dwelling, we do not collect rent from him. If there is a field or a vineyard left to a sharecropper, it should remain as he left it until he comes. If he left a field or a vineyard fallow, it should be left fallow. The rationale is that he willingly caused the loss of his property, and when a person willingly forfeits his property, we are not required to return it.
Halacha 10
If we hear a report that the person who had left voluntarily died, the court collects all the movable property belonging to him and entrusts it to a person whom they consider faithful. They give the fields and vineyards to a relative to care for as a sharecropper, until the heirs bring clear proof that the owner died or until the owner comes.
Nehalot - Chapter 8
Halacha 1
When the fields of a person who was taken captive, or who fled, or who left voluntarily but was reported to have died are given to a relative in a share-cropping arrangement, we do not entrust them to a minor, lest he ruin the property.
Conversely, we do not give a minor's property to a relative in a share-cropping arrangement. This is a safeguard, lest that person claim that the property belongs to him, that it is his portion that he received through inheritance. The minor's property is not even given to a relative of a relative.
What is implied? There were two brothers, one older and one younger, and the younger was taken captive or fled, we do not give the younger brother's field to the older brother. For the younger brother will not be able to protest. Perhaps the older brother will take possession of the property and after many years, he will claim: "This is my portion that I received through inheritance; I took possession as an inheritance."
Even the son of the brother of the minor who was taken captive is not given the property in a share-cropping agreement, lest he claim: "I inherited this portion because of my father."
Halacha 2
No relative is ever given possession of the property of a minor, not even a person whose family connection stems from one's maternal brother, who is not fit to inherit. This is an extra safeguard.
Even if there is a document recording the division of the estate, whether homes or courtyards, the property should not be given to the relative. Even if the relative states: "Write a document stating that I received the field as part of a sharecropping agreement," he should not be given the field. Perhaps the documents will be lost, and after a long period the person will claim that he received it as an inheritance, or that he received it as an inheritance from a relative who received it as an inheritance.
An incident once occurred concerning an old woman who had three daughters. The old woman and one daughter were taken captive. A second daughter died and left a son below the age of majority. The Sages said: We do not give the property to the remaining daughter in a sharecropping agreement, for perhaps the elderly woman died and thus one third of the estate would belong to the minor, and we do not give a relative property belonging to a minor. Similarly, we do not give the property to the minor. For perhaps the old woman is still alive, and the property of a person taken captive should not be given to a minor.
"What should be done instead? Since a guardian must be appointed for the half designated for the minor, we appoint a guardian for the old woman's entire estate."
Afterwards, it was reported that the older woman died. Our Sages said: "The remaining daughter should receive the third that is her portion of the inheritance. The minor should receive the third that is his portion of the older woman's estate. And a guardian should be appointed for the third that belongs to the daughter in captivity, because of the portion of it that the minor might receive. For if the daughter in captivity also dies, the minor would receive one half of her third." Similar principles apply in all analogous situations.
____________________________
Hayom Yom:
Sunday, 23 Cheshvan 5775 • 16 November 2014
"Today's Day"
Sunday, Cheshvan 23, 5704
Torah lessons: Chumash: Tol'dot, first parsha with Rashi.
Tehillim: 108-112.
Tanya: XXX. It is known (p. 585) ...for the initiated. (p. 587).
The Tzemach Tzedek was arrested twenty-two times during the Rabbinical conference in Petersburg, in 5603 (1843), for opposing the demands of the government regarding changes in education, etc. The minister in charge confronted him: "Is this not rebellion against the government?!"
The Tzemach Tzedek answered: "A rebel against the government is liable to be punished by death of the body; a rebel against the Kingdom of Heaven is punishable by death of the soul. Now which is worse?"
____________________________
Daily Thought:
Mission Impossible
We were not placed here to do the possible. Let the heavenly beings bring cause into effect, potential into actual. He did not breathe from His innermost depths into flesh and blood to achieve the facile and the ordinary.
We are here to achieve the impossible. To teach the world tricks it feigns it cannot do. To fill it with light it does not know. To make the blind see, the deaf hear, the bitter sweet, the darkness shine. To make everyday business into mystic union. To rip away the façade of the world and to bring it to confess its secret oneness with the Divine.
When they tell you, “You can’t go on that path, it’s beyond you!”—grab that path as your destiny.[Likutei Sichot vol. 16, pg. 482.]
____________________________

No comments:

Post a Comment