Today's Laws & Customs:
• Rosh Chodesh Observances
Today is Rosh Chodesh ("Head of the Month") for the month of Kislev.
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited -- in its "partial" form -- following the Shacharit morning prayer, and the Yaaleh V'yavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachnun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh -- the month being the feminine aspect of the Jewish Calendar.
Links: The 29th Day; The Lunar Files
Today in Jewish History:
• Winter
As per the Talmud, the month of Kislev marks the onset of the winter season in the Holy Land and is the third month of the "Season of the Rains."
Link: Winter
• Lubavitcher Rebbe Returns Home after Heart Attack (1977)
For the first time since suffering a major heart attack five weeks earlier, on the eve of Shemini Atzeret, the Rebbe left his office in 770 Eastern Parkway and returned to his home, signaling his recovery. Chassidim all over rejoiced at the good news.
From that day on, the Rebbe redoubled his efforts on behalf of the Jewish nation and all of humanity, and for the dissemination of Torah and chassidism. From then on, the first of Kislev is celebrated as a day of thanksgiving and rejoicing.
Link: Illness and Challenge (from the timeline "biography of ideas" in Therebbe.org).
DAILY QUOTE:
G-d says of the prideful one, "He and I cannot dwell together in the world"(Talmud, Sotah 5a)
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:• Winter
As per the Talmud, the month of Kislev marks the onset of the winter season in the Holy Land and is the third month of the "Season of the Rains."
Link: Winter
• Lubavitcher Rebbe Returns Home after Heart Attack (1977)
For the first time since suffering a major heart attack five weeks earlier, on the eve of Shemini Atzeret, the Rebbe left his office in 770 Eastern Parkway and returned to his home, signaling his recovery. Chassidim all over rejoiced at the good news.
From that day on, the Rebbe redoubled his efforts on behalf of the Jewish nation and all of humanity, and for the dissemination of Torah and chassidism. From then on, the first of Kislev is celebrated as a day of thanksgiving and rejoicing.
Link: Illness and Challenge (from the timeline "biography of ideas" in Therebbe.org).
DAILY QUOTE:
G-d says of the prideful one, "He and I cannot dwell together in the world"(Talmud, Sotah 5a)
DAILY STUDY:
Chumash: Vayeitzei, 1st Portion Genesis 28:10-28:22 with Rashi
• Chapter 28
10. And Jacob left Beer sheba, and he went to Haran. י. וַיֵּצֵא יַעֲקֹב מִבְּאֵר שָׁבַע וַיֵּלֶךְ חָרָנָה:
And Jacob left: Because, it was due to the fact that the daughters of Canaan were displeasing in the eyes of his father Isaac, that Esau went to Ishmael, Scripture interrupted the account dealing with Jacob and it is written (above verse 6): “When Esau saw that Isaac had blessed [Jacob], etc.” And as soon as Scripture finished [the account of Esau’s marriage], it returned to the previous topic.
ויצא יעקב: על ידי שבשביל שרעות בנות כנען בעיני יצחק אביו הלך עשו אל ישמעאל, הפסיק הענין בפרשתו של יעקב וכתיב (לעיל כח ו) וירא עשו כי ברך וגו', ומשגמר חזר לענין הראשון:
And Jacob left: Scripture had only to write: “And Jacob went to Haran.” Why did it mention his departure? But this tells [us] that the departure of a righteous man from a place makes an impression, for while the righteous man is in the city, he is its beauty, he is its splendor, he is its majesty. When he departs from there, its beauty has departed, its splendor has departed, its majesty has departed. And likewise (Ruth 1:7): “And she went forth from the place,” stated in reference to Naomi and Ruth. - [From Gen. Rabbah 68:6]
ויצא יעקב מבאר שבע: לא היה צריך לכתוב אלא וילך יעקב חרנה, ולמה הזכיר יציאתו, אלא מגיד שיציאת צדיק מן המקום עושה רושם, שבזמן שהצדיק בעיר הוא הודה הוא זיוה הוא הדרה, יצא משם פנה הודה פנה זיוה פנה הדרה וכן (רות א ז) ותצא מן המקום, האמור בנעמי ורות:
and he went to Haran: He left in order to go to Haran. — [From Gen. Rabbah 68:8,]
וילך חרנה: יצא ללכת לחרן:
11. And he arrived at the place and lodged there because the sun had set, and he took some of the stones of the place and placed [them] at his head, and he lay down in that place. יא. וַיִּפְגַּע בַּמָּקוֹם וַיָּלֶן שָׁם כִּי בָא הַשֶּׁמֶשׁ וַיִּקַּח מֵאַבְנֵי הַמָּקוֹם וַיָּשֶׂם מְרַאֲשֹׁתָיו וַיִּשְׁכַּב בַּמָּקוֹם הַהוּא:
And he arrived at the place: Scripture does not mention which place, but [it means] the place mentioned elsewhere, which is Mount Moriah, concerning which it is said (Gen. 22:4):“And he saw the place from afar.” [From Pes. 88a]
ויפגע במקום: לא הזכיר הכתוב באיזה מקום אלא במקום הנזכר במקום אחר, הוא הר המוריה שנאמר בו (לעיל כב ד) וירא את המקום מרחוק:
And he arrived: Heb. וַיִפְגַע, as in (Josh. 16:7):“and it reached (וּפָגַע) Jericho” ; (ibid. 19: 11):“and it reached (וּפָגַע) Dabbesheth.” Our Rabbis (Gen. Rabbah 68:9, Ber. 26b) interpreted it [the word וַיִפְגַע] as an expression of prayer, as in (Jer. 7:16):“And do not entreat (תִּפְגַּע) me,” and this teaches us that he [Jacob] instituted the evening prayer. [Scripture] did not write וַיִתְפַּלֵּל, [the usual expression for prayer], to teach that the earth sprang toward him [i.e. the mountain moved toward him], as is explained in the chapter entitled גִיד הַנָּשֶׁה (Chullin 91b).
ויפגע: כמו (יהושע טז ז) ופגע ביריחו, (שם יט יא) ופגע בדבשת. ורבותינו פירשו לשון תפלה כמו (ירמיה ז טז) ואל תפגע בי, ולמדנו שתקן תפלת ערבית. ושנה הכתוב ולא כתב ויתפלל, ללמדך שקפצה לו הארץ, כמו שמפורש בפרק גיד הנשה (חולין צא ב):
because the sun had set: Heb. כִּי בָא הַשֶּׁמֶשׁ [Scripture] should have written [in reverse order]:“And the sun set (וַיָּבֹא), and he stayed there overnight.” [The expression] כִּי בָא הַשֶּׁמֶשׁ implies that the sun set suddenly for him, not at its usual time, so that he would have to stay there overnight. [From Gen. Rabbah 68:10, Chullin 91b]
כי בא השמש: היה לו לכתוב ויבא השמש וילן שם. כי בא השמש, משמע ששקעה לו חמה פתאום שלא בעונתה כדי שילין שם:
and placed [them] at his head: He arranged them in the form of a drainpipe around his head because he feared the wild beasts. They [the stones] started quarreling with one another. One said, “Let the righteous man lay his head on me,” and another one said, “Let him lay [his head] on me.” Immediately, the Holy One, blessed be He, made them into one stone. This is why it is stated (verse 18):“and he took the stone [in the singular] that he had placed at his head.” [From Chullin 91b]
וישם מראשותיו: עשאן כמין מרזב סביב לראשו שהיה ירא מפני חיות רעות. התחילו מריבות זו עם זו, זאת אומרת עלי יניח צדיק את ראשו, וזאת אומרת עלי יניח, מיד עשאן הקב"ה אבן אחת, וזהו שנאמר (פסוק יח) ויקח את האבן אשר שם מראשותיו:
and he lay down in that place: [The word הַהוּא] is a restrictive expression, meaning that [only] in that place did he lie down, but during the fourteen years that he served in the house of Eber, he did not lie down at night, because he was engaged in Torah study. [From Gen. Rabbah 68:11]
וישכב במקום ההוא: לשון מיעוט באותו מקום שכב, אבל ארבע עשרה שנים ששמש בבית עבר לא שכב בלילה, שהיה עוסק בתורה:
12. And he dreamed, and behold! a ladder set up on the ground and its top reached to heaven; and behold, angels of God were ascending and descending upon it. יב. וַיַּחֲלֹם וְהִנֵּה סֻלָּם מֻצָּב אַרְצָה וְרֹאשׁוֹ מַגִּיעַ הַשָּׁמָיְמָה וְהִנֵּה מַלְאֲכֵי אֱלֹהִים עֹלִים וְיֹרְדִים בּוֹ:
ascending and descending: Ascending first and afterwards descending. The angels who escorted him in the [Holy] Land do not go outside the Land, and they ascended to heaven, and the angels of outside the Holy Land descended to escort him.[From Gen. Rabbah 68:12]
עולים ויורדים: עולים תחלה ואחר כך יורדים, מלאכים שליווהו בארץ אין יוצאים חוצה לארץ ועלו לרקיע, וירדו מלאכי חוצה לארץ ללותו:
13. And behold, the Lord was standing over him, and He said, "I am the Lord, the God of Abraham your father, and the God of Isaac; the land upon which you are lying to you I will give it and to your seed. יג. וְהִנֵּה יְהֹוָה נִצָּב עָלָיו וַיֹּאמַר אֲנִי יְהֹוָה אֱלֹהֵי אַבְרָהָם אָבִיךָ וֵאלֹהֵי יִצְחָק הָאָרֶץ אֲשֶׁר אַתָּה שֹׁכֵב עָלֶיהָ לְךָ אֶתְּנֶנָּה וּלְזַרְעֶךָ:
And behold, the Lord was standing over him: to guard him.
נצב עליו: לשמרו:
and the God of Isaac: Although we do not find in Scripture that the Holy One, blessed be He, associates His name with that of the righteous during their lifetimes by writing “the God of so-and-so,” for it is said (Job 15:15):“Lo! He does not believe in His holy ones,” [i.e., God does not consider even His holy ones as righteous until after their deaths, when they are no longer subject to the evil inclination,] nevertheless, here He associated His name with Isaac because his eyes had become dim, and he was confined in the house, and he was like a dead person, the evil inclination having ceased from him (Tanchuma Toledoth 7).
ואלהי יצחק: אף על פי שלא מצינו במקרא שייחד הקב"ה שמו על הצדיקים בחייהם לכתוב אלהי פלוני, משום שנאמר (איוב טו טו) הן בקדושיו לא יאמין, כאן ייחד שמו על יצחק לפי שכהו עיניו וכלוא היה בבית, והרי הוא כמת, ויצר הרע פסק ממנו:
upon which you are lying: (Chullin ad loc.) The Holy One, blessed be He, folded the entire Land of Israel under him. He hinted to him that it would be as easily conquered by his children (as four cubits, which represent the area a person takes up [when lying down]). [From Chullin 91b]
שכב עליה: קיפל הקב"ה כל ארץ ישראל תחתיו, רמז לו שתהא נוחה ליכבש לבניו:
14. And your seed shall be as the dust of the earth, and you shall gain strength westward and eastward and northward and southward; and through you shall be blessed all the families of the earth and through your seed. יד. וְהָיָה זַרְעֲךָ כַּעֲפַר הָאָרֶץ וּפָרַצְתָּ יָמָּה וָקֵדְמָה וְצָפֹנָה וָנֶגְבָּה וְנִבְרְכוּ בְךָ כָּל מִשְׁפְּחֹת הָאֲדָמָה וּבְזַרְעֶךָ:
and you shall gain strength: Heb. וּפָרַצ ְתָּ, as in יִפְרֹץ וְכֵן,“and so did they gain strength” (Exod. 1:12). [after targumim]
ופרצת: וחזקת, כמו (שמות א יב) וכן יפרוץ:
15. And behold, I am with you, and I will guard you wherever you go, and I will restore you to this land, for I will not forsake you until I have done what I have spoken concerning you." טו. וְהִנֵּה אָנֹכִי עִמָּךְ וּשְׁמַרְתִּיךָ בְּכֹל אֲשֶׁר תֵּלֵךְ וַהֲשִׁבֹתִיךָ אֶל הָאֲדָמָה הַזֹּאת כִּי לֹא אֶעֱזָבְךָ עַד אֲשֶׁר אִם עָשִׂיתִי אֵת אֲשֶׁר דִּבַּרְתִּי לָךְ:
And behold, I am with you: [God promised Jacob this] because he was afraid of Esau and Laban.
אנכי עמך: לפי שהיה ירא מעשו ומלבן:
until I have done: אִם is used in the sense of כִּי, [meaning that].
עד אשר אם עשיתי: אם משמש בלשון כי:
I have spoken concerning you: Heb. לָ, for your benefit and concerning you. What I promised to Abraham concerning his seed, I promised in reference to you and not in reference to Esau, for I did not say to him, “for Isaac will be called your seed,” [which would signify that all of Isaac’s descendants would be regarded as Abraham’s] but“for in Isaac,” [meaning part of Isaac’s descendants] but not all [the descendants] of Isaac (Nedarim 31a). Likewise, wherever לִי, לוֹ, לָ and לָהֶם are used in conjunction with a form of the verb“speaking” (דִּבּוּר) they are used in the sense of “concerning.” This [verse] proves it, because heretofore, He had not spoken to Jacob.
דברתי לך: לצרכך ועליך, מה שהבטחתי לאברהם על זרעו, לך הבטחתיו ולא לעשו, שלא אמרתי לו כי יצחק יקרא לך זרע, אלא כי ביצחק, ולא כל יצחק. וכן כל לי ולך ולו ולהם הסמוכים אצל דיבור, משמשים לשון על, וזה יוכיח, שהרי עם יעקב לא דיבר קודם לכן:
16. And Jacob awakened from his sleep, and he said, "Indeed, the Lord is in this place, and I did not know [it]." טז. וַיִּיקַץ יַעֲקֹב מִשְּׁנָתוֹ וַיֹּאמֶר אָכֵן יֵשׁ יְהֹוָה בַּמָּקוֹם הַזֶּה וְאָנֹכִי לֹא יָדָעְתִּי:
and I did not know [it]: For had I known, I would not have slept in such a holy place. [from Bereishith Rabbathi , attributed to Rabbi Moshe Hadarshan]
ואנכי לא ידעתי: שאילו ידעתי לא ישנתי במקום קדוש כזה:
17. And he was frightened, and he said, "How awesome is this place! This is none other than the house of God, and this is the gate of heaven." יז. וַיִּירָא וַיֹּאמַר מַה נּוֹרָא הַמָּקוֹם הַזֶּה אֵין זֶה כִּי אִם בֵּית אֱלֹהִים וְזֶה שַׁעַר הַשָּׁמָיִם:
than the house of God: Said Rabbi Eleazar in the name of Rabbi Jose ben Zimra: This ladder stood in Beer-sheba and the middle of its incline reached opposite the Temple, for Beer-sheba is situated in the south of Judah, and Jerusalem [is situated] in its north, on the boundary between Judah and Benjamin, and Beth-el was in the north of the territory of Benjamin, on the boundary between Benjamin and the sons of Joseph. Consequently, a ladder whose foot is in Beer-sheba and whose top is in Beth-el-the middle of its slant is opposite Jerusalem. This accords with what our Sages said, that the Holy One, blessed be He, said, “This righteous man has come to My lodging place [i.e., the Temple Mount]. Shall he leave without lodging?” And furthermore, they said: Jacob called Jerusalem Beth-el. But this place [which he called Beth-el] was Luz, and not Jerusalem. So, from where did they learn to say this? [i.e., that Luz was Jerusalem.] I believe that Mount Moriah was uprooted from its place, and it came here, [to Luz, i.e., at that time, Luz, Jerusalem and Beth-el were all in the same place], and this is the “springing of the earth” mentioned in Tractate Chullin, i.e., that the [site of the] Temple came towards him until Beth-el. This is the meaning of ויפגע במקום “And he met the place.” Now if you ask, “When Jacob passed by the Temple, why did He not detain him there?” [The answer is:] If he did not put his mind to pray in the place where his forefathers had prayed, should they detain him from heaven? He went as far as Haran, as it is stated in the chapter entitled, “Gid HaNasheh” (Hullin 91b), and the text, “and he went to Haran” (verse 10) supports this. When he arrived in Haran, he said, “Is is possible that I have passed the place where my forefathers prayed, and I did not pray there?” He decided to return, and he went back as far as Beth-El, and the earth “sprang toward him.” [This Beth-El is not the one near Ai, but the one near Jerusalem, and because it was the city of God, he called it Beth-El, the house of God, and that is Mount Moriah where Abraham prayed, and that is the field where Isaac prayed, and so did they say in Sotah (sic.) (Pes.88a) [concerning the verse] (Micah 4:2):“Come, let us go up to the Mount of the Lord, to the House of God of Jacob.” [It is] not [called] as did Abraham, who called it a mountain, and not as did Isaac, who called it a field, but as did Jacob, who called it the House of God. An exact edition of Rashi.
כי אם בית א-להים: אמר רבי אלעזר בשם רבי יוסי בן זמרא הסולם הזה עומד בבאר שבע ואמצע שיפועו מגיע כנגד בית המקדש, שבאר שבע עומד בדרומה של יהודה, וירושלים בצפונה בגבול שבין יהודה ובנימין, ובית אל היה בצפון של נחלת בנימין בגבול שבין בנימין ובין בני יוסף, נמצא סולם שרגליו בבאר שבע וראשו בבית אל מגיע אמצע שיפועו נגד ירושלים. וכלפי שאמרו רבותינו שאמר הקב"ה צדיק זה בא לבית מלוני ויפטר בלא לינה, ועוד אמרו יעקב קראה לירושלים בית אל וזו לוז היא ולא ירושלים ומהיכן למדו לומר כן. אומר אני שנעקר הר המוריה ובא לכאן, וזהו היא קפיצת הארץ האמורה בשחיטת חולין (חולין צא ב), שבא בית המקדש לקראתו עד בית אל, וזהו ויפגע במקום. [ואם תאמר וכשעבר יעקב על בית המקדש מדוע לא עכבו שם, איהו לא יהיב לביה להתפלל במקום שהתפללו אבותיו, ומן השמים יעכבוהו, איהו עד חרן אזל כדאמרינן בפרק גיד הנשה (חולין צא ב), וקרא מוכיח וילך חרנה, כי מטא לחרן אמר אפשר שעברתי על מקום שהתפללו אבותי ולא התפללתי בו, יהב דעתיה למהדר וחזר עד בית אל וקפצה לו הארץ]:
How awesome: The Targum renders: How awesome (דְּחִילוּ) is this place! דְּחִילוּ is a noun, as in (Targum Exodus 31:3):“understanding” סוּכְלָתָנוּ; (below verse 20):“a garment (וּכְסוּ) to wear.”
מה נורא: תרגום מה דחילו אתרא הדין. דחילו שם דבר הוא, כמו סוכלתנו, וכסו למלבש:
and this is the gate of heaven: A place of prayer, where their prayers ascend to heaven (Pirkei d’Rabbi Eliezer , ch. 35). And its midrashic interpretation is that the Heavenly Temple is directed exactly towards the earthly Temple. [From Gen. Rabbah 69:7]
וזה שער השמים: מקום תפלה לעלות תפלתם השמימה. ומדרשו שבית המקדש של מעלה מכוון כנגד בית המקדש של מטה:
18. And Jacob arose early in the morning, and he took the stone that he had placed at his head, and he set it up as a monument, and he poured oil on top of it. יח. וַיַּשְׁכֵּם יַעֲקֹב בַּבֹּקֶר וַיִּקַּח אֶת הָאֶבֶן אֲשֶׁר שָׂם מְרַאֲשֹׁתָיו וַיָּשֶׂם אֹתָהּ מַצֵּבָה וַיִּצֹק שֶׁמֶן עַל רֹאשָׁהּ:
19. And he named the place Beth El, but Luz was orignally the name of the city. יט. וַיִּקְרָא אֶת שֵׁם הַמָּקוֹם הַהוּא בֵּית אֵל וְאוּלָם לוּז שֵׁם הָעִיר לָרִאשֹׁנָה:
20. And Jacob uttered a vow, saying, "If God will be with me, and He will guard me on this way, upon which I am going, and He will give me bread to eat and a garment to wear; כ. וַיִּדַּר יַעֲקֹב נֶדֶר לֵאמֹר אִם יִהְיֶה אֱלֹהִים עִמָּדִי וּשְׁמָרַנִי בַּדֶּרֶךְ הַזֶּה אֲשֶׁר אָנֹכִי הוֹלֵךְ וְנָתַן לִי לֶחֶם לֶאֱכֹל וּבֶגֶד לִלְבֹּשׁ:
If God will be with me: If He keeps these promises that he promised me to be with me, as He said to me, “And behold, I am with you.” [from Gen. Rabbah 70:4]
אם יהיה א-להים עמדי: אם ישמור לי הבטחות הללו שהבטיחני להיות עמדי, כמו שאמר לי (פסוק טו) והנה אנכי עמך:
and He will guard me: As He said to me, “and I will guard you wherever you go.”
ושמרני: כמו שאמר לי (פסוק טו) ושמרתיך בכל אשר תלך:
and He will give me bread to eat: As He said, “for I will not forsake you,” for if one must seek bread, he is called “forsaken,” as it is said, (Ps. 37:25): “and I have not seen a righteous man forsaken and his seed seeking bread.” [from Gen. Rabbah 69:6]
ונתן לי לחם לאכול: כמו שאמר (פסוק טו) כי לא אעזבך, והמבקש לחם הוא קרוי נעזב, שנאמר (תהלים לז כה) ולא ראיתי צדיק נעזב וזרעו מבקש לחם:
21. And if I return in peace to my father's house, and the Lord will be my God; כא. וְשַׁבְתִּי בְשָׁלוֹם אֶל בֵּית אָבִי וְהָיָה יְהֹוָה לִי לֵאלֹהִים:
And if I return: As He said to me, “and I will restore you to this land.”
ושבתי: כמו שאמר לי (פסוק טו) והשיבותיך אל האדמה:
in peace: Perfect from sin, that I will not learn from the ways of Laban.
בשלום: שלם מן החטא, שלא אלמד מדרכי לבן:
and the Lord will be my God: that His name will rest upon me from beginning to end, that no disqualification should be found among my seed, as it is written: “[I will do] that which I have spoken concerning you.” And this promise He promised to Abraham, as it is said (17: 7):“to be a God to you and to your seed after you.” (“Your seed” [means that they should be] of pure lineage, that no disqualification should be found in him.) [from Sifrei Va-etchanan 31]
והיה ה' לי לא-להים: שיחול שמו עלי מתחלה ועד סוף, שלא ימצא פסול בזרעי, כמו שנאמר (פסוק טו) אשר דברתי לך, והבטחה זו הבטיח לאברהם, שנאמר (שם יז ז) להיות לך לא-להים ולזרעך אחריך:
22. Then this stone, which I have placed as a monument, shall be a house of God, and everything that You give me, I will surely tithe to You. כב. וְהָאֶבֶן הַזֹּאת אֲשֶׁר שַׂמְתִּי מַצֵּבָה יִהְיֶה בֵּית אֱלֹהִים וְכֹל אֲשֶׁר תִּתֶּן לִי עַשֵּׂר אֲעַשְּׂרֶנּוּ לָךְ:
Then this stone: Heb. וְהָאֶבֶן הַזֹּאת, lit., and this stone. This“vav” of וְהָאֶבֶן is to be explained as follows: If You will do these things for me, I too will do this: “And this stone, which I have placed as a monument, etc.” As the Targum paraphrases: “I will worship upon it before the Lord.” And so he did when he returned from Padan-aram, when He said to him, (35:1): “Arise, go up to Beth-el.” What is stated there? (ibid. verse 14): “And Jacob erected a monument, etc., and he poured a libation upon it.” [from Mishnath Rabbi Eliezer, ch. 14]
והאבן הזאת: כך תפרש וי"ו זו של והאבן, אם תעשה לי את אלה, אף אני אעשה זאת:
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Daily Tehillim: Psalms Chapters 1 - 9
• Chapter 1
This psalm inspires man to study Torah and avoid sin. One who follows this path is assured of success in all his deeds, whereas the plight of the wicked is the reverse.
1. Fortunate is the man that has not walked in the counsel of the wicked, nor stood in the path of sinners, nor sat in the company of scoffers.
2. Rather, his desire is in the Torah of the Lord, and in His Torah he meditates day and night.
3. He shall be like a tree planted by streams of water, that yields its fruit in its season, and whose leaf does not wither; and all that he does shall prosper.
4. Not so the wicked; rather, they are like the chaff that the wind drives away.
5. Therefore the wicked will not endure in judgement, nor sinners in the assembly of the righteous.
6. For the Lord minds the way of the righteous, but the way of the wicked will perish.
Chapter 2
This psalm warns against trying to outwit the ways of God. It also instructs one who has reason to rejoice, to tremble—lest his sins cause his joy to be overturned.
1. Why do nations gather, and peoples speak futility?
2. The kings of the earth rise up, and rulers conspire together, against the Lord and against His anointed:
3. “Let us sever their cords, and cast their ropes from upon us!”
4. He Who sits in heaven laughs, my Master mocks them.
5. Then He speaks to them in His anger, and terrifies them in His wrath:
6. “It is I Who have anointed My king, upon Zion, My holy mountain.”
7. I am obliged to declare: The Lord said to me, “You are my son, I have this day begotten you.
1
8. Ask of Me, and I will make the nations your inheritance, and the ends of the earth your possession.
9. Smash them with a rod of iron, shatter them like a potter’s vessel.”
10. Now be wise, you kings; be disciplined, you rulers of the earth.
11. Serve the Lord with awe, and rejoice with trembling.
12. Yearn for purity—lest He become angry and your path be doomed, if his anger flares for even a moment. Fortunate are all who put their trust in Him
Chapter 3
When punishment befalls man, let him not be upset by his chastisement, for perhaps--considering his sins—he is deserving of worse, and God is in fact dealing kindly with him.
1. A psalm by David, when he fled from Absalom his son.
2. Lord, how numerous are my oppressors; many rise up against me!
3. Many say of my soul, “There is no salvation for him from God—ever!”
4. But You, Lord, are a shield for me, my glory, the One Who raises my head.
5. With my voice I call to the Lord, and He answers me from His holy mountain, Selah.
6. I lie down and sleep; I awake, for the Lord sustains me.
7. I do not fear the myriads of people that have aligned themselves all around me.
8. Arise, O Lord, deliver me, my God. For You struck all my enemies on the cheek, You smashed the teeth of the wicked.
9. Deliverance is the Lord’s; may Your blessing be upon Your people forever
Chapter 4
This psalm exhorts man not to shame his fellow, and to neither speak nor listen to gossip and slander. Envy not the prosperity of the wicked in this world, rather rejoice and say: “If it is so for those who anger Him . . . [how much better it will be for those who serve Him!”]
1. For the Conductor, with instrumental music, a psalm by David.
2. Answer me when I call, O God [Who knows] my righteousness. You have relieved me in my distress; be gracious to me and hear my prayer.
3. Sons of men, how long will you turn my honor to shame, will you love vanity, and endlessly seek falsehood?
4. Know that the Lord has set apart His devout one; the Lord will hear when I call to Him.
5. Tremble and do not sin; reflect in your hearts upon your beds, and be silent forever.
6. Offer sacrifices in righteousness, and trust in the Lord.
7. Many say: “Who will show us good?” Raise the light of Your countenance upon us, O Lord.
8. You put joy in my heart, greater than [their joy] when their grain and wine abound.
9. In peace and harmony I will lie down and sleep, for You, Lord, will make me dwell alone, in security.
Chapter 5
A prayer for every individual, requesting that the wicked perish for their deeds, and the righteous rejoice for their good deeds.
1. For the Conductor, on the nechilot,1 a psalm by David.
2. Give ear to my words, O Lord, consider my thoughts.
3. Listen to the voice of my cry, my King and my God, for to You I pray.
4. Lord, hear my voice in the morning; in the morning I set [my prayers] before you and hope.
5. For You are not a God Who desires wickedness; evil does not abide with You.
6. The boastful cannot stand before Your eyes; You hate all evildoers.
7. You destroy the speakers of falsehood; the Lord despises the man of blood and deceit.
8. And I, through Your abundant kindness, come into Your house; I bow toward Your holy Sanctuary, in awe of You.
9. Lead me, O Lord, in Your righteousness, because of my watchful enemies; straighten Your path before me.
10. For there is no sincerity in their mouths, their heart is treacherous; their throat is an open grave, [though] their tongue flatters.
11. Find them guilty, O God, let them fall by their schemes; banish them for their many sins, for they have rebelled against You.
12. But all who trust in You will rejoice, they will sing joyously forever; You will shelter them, and those who love Your Name will exult in You.
13. For You, Lord, will bless the righteous one; You will envelop him with favor as with a shield.
Chapter 6
This is an awe-inspiring prayer for one who is ill, to pray that God heal him, body and soul. An ailing person who offers this prayer devoutly and with a broken heart is assured that God will accept his prayer.
1. For the Conductor, with instrumental music for the eight-stringed harp, a psalm by David.
2. Lord, do not punish me in Your anger, nor chastise me in Your wrath.
3. Be gracious to me, O Lord, for I languish away; heal me, O Lord, for my bones tremble in fear.
4. My soul is panic-stricken; and You, O Lord, how long [before You help]?
5. Relent, O Lord, deliver my soul; save me for the sake of Your kindness.
6. For there is no remembrance of You in death; who will praise You in the grave?
7. I am weary from sighing; each night I drench my bed, I melt my couch with my tears.
8. My eye has grown dim from vexation, worn out by all my oppressors.
9. Depart from me, all you evildoers, for the Lord has heard the sound of my weeping.
10. The Lord has heard my supplication; the Lord accepts my prayer.
11. All my enemies will be shamed and utterly terrified; they will then repent and be shamed for a moment.
Chapter 7
Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.
1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion, crushing me with none to rescue.
4. Lord, my God, if I have done this, if there is wrongdoing in my hands;
5. if I have rewarded my friends with evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.
7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.
8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.
10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He Who saves the upright of heart.
12. God is the righteous judge, and the Almighty is angered every day.
13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to fall into the trap he laid.
17. His mischief will return upon his own head, his violence will come down upon his own skull.
18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High
Chapter 8
This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a psalm by David.
2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2
4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember him, son of man that You should be mindful of him?
6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the beasts of the field;
9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your Name throughout the earth.
Chapter 9
One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of Labben, a psalm by David.
2. I will thank the Lord with all my heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I will sing to Your Name, O Most High.
4. When my enemies retreat, they will stumble and perish from before You.
5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked, erased their name for all eternity.
7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He established His throne for judgement.
9. And He will judge the world with justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.
13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,
15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that they made; in the net they concealed their foot was caught.
17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.
18. The wicked will return to the grave, all the nations that forget God.
19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.
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Tanya: Kuntres Acharon, beginning of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
Sunday, 30 Cheshvan 5775 • 23 November 2014
Kuntres Acharon, end of Essay 3
ומה שכתוב בפרשת פקודי: גו רקיע תתאה
As to what is stated in [the Zohar,] Parshat Pekudei,1 [that prayer without proper intent is repelled] “into the lowest heaven,” indicating that it is allowed to rise at least to that point,
ובפרשת ויקהל משמע דדוקא אי איהי מלה כדקה יאות, סלקין עמה עד אוירא דרקיע דלעילא כו׳
whereas in [the Zohar,] Parshat Vayakhel,2 the implication is that “only if it is a seemly word, i.e., prompted by the proper intent, do [the appointed angels] ascend with it to the atmosphere of the heaven above...,”
How does this latter passage accord with the previously-quoted statement in Pekudei, that even when the prayer is without proper intent it still ascends, at least to the lowest firmament?
לא קשיא מידי
this [seeming contradiction] presents no problem.
דרקיע תתאה מאינון רקיעין דמדברי גו עלמא, שבפרשת פקודי, הן דמלכות דעשיה
For the expression in Pekudei, “the lowest heaven of the heavens that govern the world,” refers to Malchut of Asiyah,
ודפרשת ויקהל, הן דז״א דעשיה, כמו שכתוב בעץ חיים, שער השמות פרק ה׳, גבי ז״א דעשיה, עיין שם
whereas in Parshat Vayakhel, the reference is to Za of Asiyah, as is written in Etz Chayim, Shaar HaShemot, ch. 3, in reference to Za of Asiyah; see there.
It could be argued that the above question presupposed that the “lower heaven” of Pekudei was of the same level as the “heaven above” of Vayakhel, for the “lower heaven” too is “above the sun.”
By the same token, the answer refers to two distinct levels of “heaven”. Pekudei refers to Malchut of Asiyah, while Vayakhel refers to Za of Asiyah, to which prayers ascend when they are “seemly”. From this level they ascend yet further, to the G‑dliness of the Ten Sefirot of Yetzirah and Beriah. The main point here is, however, that when a prayer is not “seemly” it is not elevated even to Za of Asiyah, but merely to Malchut of Asiyah.
It could be explained that when prayer without proper intent is elevated to the “lower heaven,” its elevation does not bring about that which prayer should effect. For in order for a prayer to have its proper effect, such as the fulfillment of its requests, there must be drawn down into this world a degree of Divine influence that transcends the world, thereby healing the sick, or providing the year’s blessings, and so on. When, however, a prayer is repelled to Malchut of Asiyah, i.e., to that level from which all worldly things derive their life-force, then this level obviously cannot provide for whatever the world is lacking.
But when a properly-motivated prayer reaches up to Za of Asiyah, from there an efflux can be drawn down into the world to provide whatever the world lacks, thereby fulfilling the individual’s petitions.
והא דמשמע לכאורה, בפרשת פקודי, דגם תפלה פסולה עולה עד היכל הראשון, שממנו נדחית למטה, והוא בז״א דבריאה
As to the apparent implication in Parshat Pekudei that even invalid prayer — prayer whose intent is confused by alien thoughts — ascends to the First Chamber, whence it is hurled down, and this [Chamber] is in Za of Beriah,
It would thus seem that even an invalid prayer is at first elevated to Za of Beriah.
לא קשיא מידי, שהרי אפילו כל העוונות ממש, קלות וחמורות, עולות לשם, אפילו עד היכל הד׳, כמו שכתוב דף רנ״ב עמוד א׳
this presents no difficulty, for even palpable sins, minor and grave, ascend there, even as far as the Fourth Chamber, as is written [in the Zohar] on page 252a.
אלא ודאי שאין מהות העליות שוות, ואין ערוך ודמיון ביניהם, אלא בשיתוף השם בלבד, ודי למבין
It is thus certain that in essence the [above] ascensions are not identical, and there is no comparison or similarity between them except for the common name. This will suffice for the discerning.
The elevation of good actions means that they are actually uplifted to higher degrees of holiness, where they accomplish whatever they are intended to accomplish. With regard to sins, however, their “elevation” to the higher worlds brings about a blemish there. So, too, when we say that an “invalid prayer” ascends to the First Chamber, we are not at all speaking of the kind of elevation that takes place when a prayer is offered with the proper intent.
ובזה יובן גם כן מה שכתוב שם, דף רמ״ז, שבהיכל הב׳ (אולי צריך להיות: אזדמן הממונה, ואולי צריך להיות: קיימין הלבושים ממונה על הלבושים) שמלבישים הנשמה ממעשה המצות
This will also enable us to grasp the statement [in the Zohar] on page 247, that in the Second Chamber [there is to be found] the one appointed over the garments that clothe the soul as a result of the performance of mitzvot,
The bracketed Hebrew text here offers several variations: [3 “Possibly the text should read, ‘there is found the one4 appointed’; or possibly it should read, ‘the garments are5 housed.’”6]
אף שהוא בגן עדן התחתון דעשיה, כמו שכתוב שם, דף ר״י
even though [the mitzvot performed], and by extension, the soul’s garments that are fashioned thereby, are in the Lower Gan Eden in [the World of] Asiyah, as stated there (in the Zohar) on page 210.
How, then, do we say that the one appointed over — or alternatively, the garments of — the performance of the mitzvot are to be found in the Second Chamber of the World of Beriah?
However, as explained earlier, the above elevations are essentially dissimilar. Thus, though the mitzvot performed are located in the lower Garden of Eden of the World of Asiyah, the soul nevertheless ascends to the Second Chamber of Beriah and receives from there the garments that result from the performance of mitzvot. For the elevation of the soul to the level of Beriah in order to receive its garments is utterly different from the elevation of the mitzvot themselves to the lower Garden of Eden of the World of Asiyah.
והנה תפלה פסולה עדיפא מתורה שלא לשמה ממש
Now, invalid prayer is superior to Torah studied with a distinctly improper intention,
שהיא תחת השמש
for [the latter] is “under the sun,” since if it is undertaken for the purpose of self-aggrandizement it does not ascend at all,
והתפלה היא גו רקיע כו׳
while prayer — even “invalid prayer” — is “into the heaven,” albeit the lowest heaven.
אבל תורה סתם, שאינה שלא לשמה, רק מאהבה מסותרת טבעית
But the neutral study of Torah, that is without a negative intention, but is prompted merely by one’s latent, innate love,
For unconsciously, it is this love of G‑d that motivates even one’s merely habitual study of the Torah.
לא גרעא מהבל פיהן של תינוקות של בית רבן, דסליק לעילא מפני שהוא הבל שאין בו חטא
is not inferior to the “breath of the mouths of school children,” which ascends aloft because it is “breath untainted by sin.”7
וסליק לעילא, אף אם הוא שלא לשמה ממש, מיראת הרצועה שביד הסופר
This [breath] ascends aloft, even though it may be emphatically not altruistic, but only prompted by fear of punishment by the teacher.
In the same way, an adult whose study is of neutral intent is not tainted by sin (which it would be if he had studied for an ulterior motive). It therefore ascends heavenward.
ועיין שם, דף רנ״ה עמוד ב׳, שהמלאכים הם מעלים ההבל של תינוקות של בית רבן עד האצילות
See there on p. 255b, [where the Zohar states] that the angels elevate the breath of schoolchildren to Atzilut.
Addendum
In its primary meaning, the term “breath untainted by sin” signifies that the breath of the Torah study of schoolchildren is untainted because it proceeds from individuals who at this age are incapable of sin.
As the Gemara states in Shabbat,8 “Resh Lakish said in the name of R. Yehudah Nesiah, ‘The world exists solely by virtue of the breath of the mouths of schoolchildren [who study Torah].’ Said R. Papa to Abbaye: ‘And what of my Torah study and yours?’ He replied: ‘There is no comparison between breath that knows sin and breath that is free of sin.’” This means that children are not in the category of those who sin.
The Previous Rebbe once recalled9 that when his father, the Rebbe Rashab, taught him the above text, he first explained that the angels’ elevation of the Torah study of these children to Atzilut, as cited above from the Zohar by the Alter Rebbe, relates to the same rarefied level as the Supernal Unions that are accomplished by those who refine their bodies according to the secrets of the Kabbalah.
The Rebbe Rashab then added that the Alter Rebbe’s emphasis that this study comprised “breath untainted by sin” can be explained as follows: This is the breath of Torah words spoken by little children in artless simplicity. When they say, for example, “kametz alef: ah,” and they believe with a simple and ingrained faith that these and likewise all the other vowels and consonants of the Torah were transmitted to Moses on Sinai, then the very breath that emanates from their hearts is utterly pure, and untainted by sin.
(This commentary, continued the Rebbe Rashab, comes as an addition to the plain and primary meaning of “breath untainted by sin” — that these children are still pure from the taint of sin.)
Moreover, the above interpretation of breath being untainted by sin inasmuch as it emanates from uttering words of Torah with simple faith, applies not only to children, but to adults as well. They, too, can effect sublime Supernal Unions.
The Rebbe Rashab based this interpretation on a story he heard from the Baal Shem Tov when he visited his holy resting place at Mezhibuzh. At that time the Baal Shem Tov related that on his 16th birthday (18 Elul, 5474/1714) he had found himself in a small village. The local innkeeper was a very simple person who hardly knew how to read the prayers, let alone understand what they meant. He was, however, a very G‑d-fearing individual. On all matters and at all times he would quote the same phrase in the Holy Tongue, “Blessed be He; may He be blessed forever.” His wife too would always say in Yiddish, “Praised be His holy Name.”
That day, in accordance with the age-old custom of meditating in solitude for some time on one’s birthday, the Baal Shem Tov went off by himself to the fields. He recited chapters of Tehillim and engaged in unifying the Divine Names that emanate from its holy verses.
“As I was immersed in this,” the Baal Shem Tov related, “and unaware of my surroundings, I suddenly saw Elijah the Prophet. There was a smile on his lips. I was taken aback. For when I had been with the tzaddik R. Meir, and also when I had been in the company of the hidden tzaddikim, I had merited to see Elijah, but this was the first time that I had merited his appearance while all alone. I wondered about it. And besides, why was he smiling?
“Elijah said to me: ‘You are toiling so mightily to have the proper mystical intentions in bringing about the Supernal Unions of the Divine Names that emanate from the verses of Tehillim. And Aharon Shlomo the innkeeper and his wife Zlata Rivkah know nothing of the Unifications that result from his “Blessed be He; may He be blessed forever,” and from her “Praised be His holy Name.” Yet the Divine harmonies they create resonate in all the heavens more than all the Unifications of the Holy Name that are effected by the mystical intentions of the greatest tzaddikim.’
“Elijah described to me,” continued the Baal Shem Tov, “the great pleasure, as it were, that results in heaven from the words of praise and adoration uttered by men, women and children. Especially so, when they come from the mouths of simple folk. And most especially, when these praises are offered consistently, for then these people are constantly united with G‑d in pure faith and with an undivided heart.”
* * *
Having recounted this episode, the Rebbe Rashab added that it served as the basis for his additional interpretation of “breath untainted by sin” — that it applies not only to children but also to adults who act with pure faith and heartfelt simplicity, and who are thereby constantly united with G‑d, at all times and in all places.
* * *
The Rebbe stresses that this applies equally to adults only with respect to effecting Supernal Unions. With regard to maintaining the world’s existence, however, it is clear from the above-quoted teaching in Shabbat that this is accomplished only by the “breath of the mouths of schoolchildren,” for this breath possesses as well the first quality of “breath untainted by sin”: it proceeds from those for whom sin is a virtual impossibility.
With regard to the refinement of the world, this is accomplished by those adults to whom the second exposition of “breath untainted by sin” applies — that the breath itself is untainted. In a sense, indeed, their breath has an even greater effect than the “breath of the mouths of schoolchildren.” For as the Rebbe Rashab further explains, children do not relate to the corporeality of this world, but only to its atmosphere. Since adults have a relationship with the corporeality of this world as well, the Supernal Unions that they effect refine its very crassness and corporeality.
FOOTNOTES
1. P. 245b, quoted above.
2. P. 201b, quoted above.
3. Brackets are in the original text.
4. Note of the Rebbe: “Rather than ‘one’.”
5. Note of the Rebbe: “Rather than ‘appointed over the garments.”’
6. Note of the Rebbe: “The expressions ‘is found’ and ‘are housed’ both relate [these garments] specifically to the Second Chamber. There is, however, some difficulty here, for it would seem that an even stronger statement is made there — that the garment is actually fashioned in this Chamber through the performance of the mitzvot.”
7. Shabbat 119b; see also the Addendum below.
8. Shabbat 119b; see also the Addendum below.
9. Sefer HaSichot 5703, p. 163ff.
____________________________
Rambam:
Daily Mitzvah N279, N277, N275, N278, N273 Sefer Hamitzvot
Today's Mitzvah
Sunday, 30 Cheshvan 5775 • 23 November 2014
Negative Commandment 279
Pity for One who Murdered or Maimed
"And your eye shall not have pity"—Deuteronomy 19:21.
A judge may not have pity and show leniency on one who murdered or maimed another. He may not say, "This poor person unintentionally amputated his fellow's arm, or knocked out his eye," and then show leniency with regards to the requisite restitution. [And similarly with regards to showing mercy in a capital case.]
Pity for One who Murdered or Maimed
Negative Commandment 279
Translated by Berel Bell
The 279th prohibition is that a judge is forbidden from having pity on a murderer, or on having a person who caused someone loss of limb to pay the penalty. He should not say, "This person is poor, and he cut off the other person's hand or blinded his eye unintentionally," and therefore out of pity be lenient regarding the full payment of damages.
The source of this prohibition is G‑d's statement,1 "Do not have pity in such a case, [since you must take] a life for a life, a tooth for a tooth, a hand for a hand, and a foot for a foot." This prohibition is repeated in the verse,2 "Do not have pity on the [killer], and rid Israel of [those who shed] innocent blood."
FOOTNOTES
1.Deut. 19:21.
2.Ibid., 19:13.
"You shall not favor a poor man in his cause"—Exodus 23:3.
A judge may not have mercy on an indigent litigant and improperly rule in his favor. The judge may not think, "This litigant is poor, and both the rich person [who is suing him] and I are commanded to provide for his sustenance. I will therefore rule in his favor and he will thus have his needs met in an honorable fashion."
Rather, a judge may not differentiate between the wealthy and the destitute, and if the law calls for it, he must find the poor person guilty and require him to pay that which he owes.
Favoring an Indigent Defendant
Negative Commandment 277
Translated by Berel Bell
The 277th prohibition is that a judge is forbidden from having pity on a poor person by favoring him unjustly in judgment. He must rather treat the rich and poor equally, and require them to pay whatever the judgment is.1
The source of this prohibition is G‑d's statement,2 "Do not favor [even] the poorest man in his lawsuit." This prohibition is repeated in the verse,3 "Do not give special consideration to the poor."
The Sifra4 says, "He should not say, 'He is poor, and since both I and the rich litigant are required to support him, I will rule in his favor, and he will be supported in an honorable way.' The Torah therefore says, 'Do not give special consideration to the poor.' "
FOOTNOTES
1.See Kapach, 5731, footnote 75.
2.Ex. 23:3.
3.Lev. 19:15.
4.Kedoshim 4:2.
Negative Commandment 275
Favoring a Litigant
"You shall not honor an important person"—Leviticus 19:15.
A judge may not show favoritism to one of the litigants in the course of a trial, even if that individual is a highly respected and great person. The judge may not accord him honor or demonstrate any sign of favoritism whatsoever.
Favoring a Litigant
Negative Commandment 275
Translated by Berel Bell
The 275th prohibition is that a judge is forbidden from favoring one of the litigants during a trial. Even if he is very important and distinguished, he shall not accord him any honor when he comes to court with the other litigant, and not show him any special respect.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not show respect to the great."
The Sifra2 says, "One should not think, 'He is wealthy and from a distinguished family — how can I embarrass him and witness his shame?' Certainly [one who thinks this way] will not shame him. The Torah therefore says, 'Do not show respect to the great.' "
The details of this mitzvah are explained in many passages in tractates Sanhedrin and Shavuos.3
FOOTNOTES
1.Lev. 19:15.
2.[Kedoshim 4:3.
3.30a.
Negative Commandment 278
Condemning an Evil Litigant
"You shall not pervert the judgment of the impoverished in his cause"—Exodus 23:6.
A judge is enjoined not to rule against a litigant due to the fact that he is known to be an evil sinner. In the words of our Sages, "An upright person and an evil person are standing before you in trial. You may not say, 'Since he is evil, I will rule against him.'"
(The Sages understand the word "impoverished" in the afore-cited verse as meaning "impoverished in good deeds.")
Condemning an Evil Litigant
Negative Commandment 278
Translated by Berel Bell
The 278th prohibition is that a judge is forbidden from tilting judgment against one of the litigants whom he knows to be a wicked transgressor. G‑d (exalted be He), prohibits punishing him by ignoring his merits.1
The source of this prohibition is G‑d's statement2 (exalted be He), "Do not pervert justice against a poor person in his lawsuit."
The Mechilta3 says, "If a wicked man and an honest man stand before him in judgment, he should not say, 'Since he is wicked, I will rule against him.' The Torah therefore says, 'Do not pervert justice against a poor person in his lawsuit,' referring to someone who is 'poor' in mitzvos." This means that although he is "poor" in mitzvos, one should not tilt the judgment against him.
FOOTNOTES
1.See Kapach, 5731, footnote 78, that the Rav Kook edition writes ivus hadin instead of ibud z'chuso. Chavel translates, "wresting judgment."
2.Ex. 23:6.
3.Ibid.
Negative Commandment 273
Dispensing Proper Justice
"You shall do no unrighteousness in judgment"—Leviticus 19:15.
A judge is forbidden from distorting justice; he may not deviate from the Torah law regarding a case's verdict.
Dispensing Proper Justice
Negative Commandment 273
Translated by Berel Bell
The 273rd prohibition is that a judge is forbidden from judging unjustly.
The source of this prohibition is G‑d's statement,1 "Do not pervert justice."
This prohibition means that the judge may not violate any rulings established by the Torah regarding when a person is guilty or innocent.
FOOTNOTES
1.Lev. 19:15.
Daily Mitzvah N279, N277, N275, N278, N273 Sefer Hamitzvot
Today's Mitzvah
Sunday, 30 Cheshvan 5775 • 23 November 2014
Negative Commandment 279
Pity for One who Murdered or Maimed
"And your eye shall not have pity"—Deuteronomy 19:21.
A judge may not have pity and show leniency on one who murdered or maimed another. He may not say, "This poor person unintentionally amputated his fellow's arm, or knocked out his eye," and then show leniency with regards to the requisite restitution. [And similarly with regards to showing mercy in a capital case.]
Pity for One who Murdered or Maimed
Negative Commandment 279
Translated by Berel Bell
The 279th prohibition is that a judge is forbidden from having pity on a murderer, or on having a person who caused someone loss of limb to pay the penalty. He should not say, "This person is poor, and he cut off the other person's hand or blinded his eye unintentionally," and therefore out of pity be lenient regarding the full payment of damages.
The source of this prohibition is G‑d's statement,1 "Do not have pity in such a case, [since you must take] a life for a life, a tooth for a tooth, a hand for a hand, and a foot for a foot." This prohibition is repeated in the verse,2 "Do not have pity on the [killer], and rid Israel of [those who shed] innocent blood."
FOOTNOTES
1.Deut. 19:21.
2.Ibid., 19:13.
Negative Commandment 277
Favoring an Indigent Defendant"You shall not favor a poor man in his cause"—Exodus 23:3.
A judge may not have mercy on an indigent litigant and improperly rule in his favor. The judge may not think, "This litigant is poor, and both the rich person [who is suing him] and I are commanded to provide for his sustenance. I will therefore rule in his favor and he will thus have his needs met in an honorable fashion."
Rather, a judge may not differentiate between the wealthy and the destitute, and if the law calls for it, he must find the poor person guilty and require him to pay that which he owes.
Favoring an Indigent Defendant
Negative Commandment 277
Translated by Berel Bell
The 277th prohibition is that a judge is forbidden from having pity on a poor person by favoring him unjustly in judgment. He must rather treat the rich and poor equally, and require them to pay whatever the judgment is.1
The source of this prohibition is G‑d's statement,2 "Do not favor [even] the poorest man in his lawsuit." This prohibition is repeated in the verse,3 "Do not give special consideration to the poor."
The Sifra4 says, "He should not say, 'He is poor, and since both I and the rich litigant are required to support him, I will rule in his favor, and he will be supported in an honorable way.' The Torah therefore says, 'Do not give special consideration to the poor.' "
FOOTNOTES
1.See Kapach, 5731, footnote 75.
2.Ex. 23:3.
3.Lev. 19:15.
4.Kedoshim 4:2.
Negative Commandment 275
Favoring a Litigant
"You shall not honor an important person"—Leviticus 19:15.
A judge may not show favoritism to one of the litigants in the course of a trial, even if that individual is a highly respected and great person. The judge may not accord him honor or demonstrate any sign of favoritism whatsoever.
Favoring a Litigant
Negative Commandment 275
Translated by Berel Bell
The 275th prohibition is that a judge is forbidden from favoring one of the litigants during a trial. Even if he is very important and distinguished, he shall not accord him any honor when he comes to court with the other litigant, and not show him any special respect.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not show respect to the great."
The Sifra2 says, "One should not think, 'He is wealthy and from a distinguished family — how can I embarrass him and witness his shame?' Certainly [one who thinks this way] will not shame him. The Torah therefore says, 'Do not show respect to the great.' "
The details of this mitzvah are explained in many passages in tractates Sanhedrin and Shavuos.3
FOOTNOTES
1.Lev. 19:15.
2.[Kedoshim 4:3.
3.30a.
Negative Commandment 278
Condemning an Evil Litigant
"You shall not pervert the judgment of the impoverished in his cause"—Exodus 23:6.
A judge is enjoined not to rule against a litigant due to the fact that he is known to be an evil sinner. In the words of our Sages, "An upright person and an evil person are standing before you in trial. You may not say, 'Since he is evil, I will rule against him.'"
(The Sages understand the word "impoverished" in the afore-cited verse as meaning "impoverished in good deeds.")
Condemning an Evil Litigant
Negative Commandment 278
Translated by Berel Bell
The 278th prohibition is that a judge is forbidden from tilting judgment against one of the litigants whom he knows to be a wicked transgressor. G‑d (exalted be He), prohibits punishing him by ignoring his merits.1
The source of this prohibition is G‑d's statement2 (exalted be He), "Do not pervert justice against a poor person in his lawsuit."
The Mechilta3 says, "If a wicked man and an honest man stand before him in judgment, he should not say, 'Since he is wicked, I will rule against him.' The Torah therefore says, 'Do not pervert justice against a poor person in his lawsuit,' referring to someone who is 'poor' in mitzvos." This means that although he is "poor" in mitzvos, one should not tilt the judgment against him.
FOOTNOTES
1.See Kapach, 5731, footnote 78, that the Rav Kook edition writes ivus hadin instead of ibud z'chuso. Chavel translates, "wresting judgment."
2.Ex. 23:6.
3.Ibid.
Negative Commandment 273
Dispensing Proper Justice
"You shall do no unrighteousness in judgment"—Leviticus 19:15.
A judge is forbidden from distorting justice; he may not deviate from the Torah law regarding a case's verdict.
Dispensing Proper Justice
Negative Commandment 273
Translated by Berel Bell
The 273rd prohibition is that a judge is forbidden from judging unjustly.
The source of this prohibition is G‑d's statement,1 "Do not pervert justice."
This prohibition means that the judge may not violate any rulings established by the Torah regarding when a person is guilty or innocent.
FOOTNOTES
1.Lev. 19:15.
________________________________________
Rambam:
• 1 Chapter a Day: Avel - Chapter 5Avel - Chapter 5
Halacha 1
These are the matters forbidden to a mourner on the first day according to Scriptural Law and on the remaining seven days according to Rabbinic Law. He is forbidden to cut his hair, launder his clothes, wash, anoint himself, engage in sexual relations, wear shoes, perform work, study the Torah, stand his bed upright, leave his head uncovered, and greet others, eleven matters in total.
Halacha 2
Which source teaches that a mourner is forbidden to have his hair cut? Leviticus 10:6 warns the sons of Aaron: "Do not let the hair of your heads grow untended." Implied is that every mourner is forbidden to cut his hair. Instead, he lets his hair grow untended. Just as he is forbidden to cut off his hair; so, too, he is forbidden to trim his beard and any other hair on his body. This applies to cutting hair and having one's own hair cut. If he was in the midst of a haircut and he heard that his father died, he may complete the haircut. This applies to cutting hair and having one's own hair cut.
Similarly, it is forbidden to cut off one's mustache or to cut one's nails with a utensil. One may, however, bite off one's nails or trim them with one's other nails.
Halacha 3
Which source teaches that a mourner is forbidden to launder his clothes and to wash and anoint his body: II Samuel 14:2 states: "Please conduct yourself as a mourner; please wear mourner's clothes and do not anoint yourself with oil." Washing is including in anointing oneself, for it is a preliminary step before anointing oneself as Ruth 3:3 states: "Wash and anoint yourself."
Just as a mourner is forbidden to launder clothes; so, too, he is forbidden to wear new and freshly pressed white clothes.
Halacha 4
As it is forbidden to anoint one's entire body; so, too, it is forbidden to anoint a portion of one's body. To remove filth, however, it is permitted. Similarly, it is forbidden to wash a portion of one's body in hot water. One may, however, wash one's face, one's hands, and one's feet - but not one's entire body - in cold water.
Halacha 5
Which source teaches that a mourner is forbidden to engage in sexual relations. II Samuel 12:24 states: "And David comforted his wife, Batsheva, and he came to her and lay with her." This indicates that this was forbidden beforehand.
Similarly, a mourner should not marry a woman, nor should a woman marry while mourning even though they do not engage in relations. It is permitted for a mourner to remain in solitude with his wife even though he is forbidden to engage in sexual relations.
Halacha 6
Which source teaches that a mourner is forbidden to wear shoes? Ezekiel was instructed Ezekiel 24:17: "And place your shoes on your feet." Implied is that all others are forbidden. If a person is traveling on a journey, he may wear shoes and proceed on his way. When he enters a city, he should remove his shoes.
Halacha 7
An allusion to the prohibition against a mourner performing labor can be derived from Amos 8:10: "I shall transform your festivals into mourning." Just as it is forbidden to perform work on a festival; so, too, a mourner is forbidden to perform work. And just as a mourner is forbidden to perform work; so, too, is he forbidden to engage in commercial transactions and to travel from city to city on a business trip.
Halacha 8
For the first three days, all mourners, even a poor person who derives his livelihood from charity, are forbidden to perform work. After that period, if the mourner is indigent, he may perform this work privately in his home. A woman may spin fabric on a spindle in her home.
Halacha 9
When two brothers or two partners operate one store together and one of them is forced to mourn, the store should be closed for all seven days of mourning.
Halacha 10
Even activities which are permitted to be performed during chol hamo'ed may not be performed by a mourner during the days of mourning. Others may, however, perform these tasks on his behalf.
What is implied? If it is necessary to turn over a person's olives, put pitch on his barrels, or bring his flax up from the vat where it is soaking or his wool from the kettle where it is being dyed, he may hire someone else to perform this task on his behalf so that he will not suffer a loss. And he may have his field irrigated in the irrigation season.
Halacha 11
His sharecroppers or those who hire his fields may perform work in their ordinary way. But donkey-drivers and camel-drivers who rent his animals and sailors who rent his ships should not perform work. If the animals or ships were hired out or rented out previously for a specific time, the renters may perform work.
Halacha 12
A worker hired by the day - even if he is located in another city - should not perform work on behalf of the mourner.
Halacha 13
When a mourner was charged with doing tasks on behalf of others, whether as a contractor or not as a contractor, he should not do it. If his tasks were entrusted to others, they should not work on it in his home, but may work on it elsewhere.
Halacha 14
If a mourner has litigation with a colleague, he should not prosecute the matter throughout the seven days of mourning. If it concerned a matter that could lead to a loss, he should appoint an agent. The Geonim ruled in this manner.
Halacha 15
Which source teaches that a mourner is forbidden to speak words of Torah? Ezekiel was instructed Ezekiel 24:17: "Be silent from groaning."
Halacha 16
He is forbidden to read from the Torah, the Prophets, and the Holy Scriptures and to study the Mishnah, the Midrash, and the Halachot. If many require his instruction, he is permitted, provided he does not appoint a spokesman. Instead, he should whisper to the person sitting next to him. That person should relate the teachings to the spokesman and the spokesman should communicate them to the people at large.
Halacha 17
Which source teaches that a mourner should not sit on a bed? II Samuel 13:31 states: "And the king arose, rent his garments, and lay on the ground."
Halacha 18
A mourner is obligated to overturn his bed for all seven days of mourning. This applies not only to his own bed. Instead, he must overturn all the beds he has in his house. Moreover, even if he has ten beds in ten homes in ten cities, he is obligated to overturn all of them. Even if there are five brothers and one of them dies, all the remainder must overturn their beds.
When a bed is set aside to be used for money or for utensils, it need not be overturned. Similarly, a dargesh need not be overturned. Instead, the straps should be released and the bed allowed to fall.
When bed posts emerge from a bed and so it is impossible to turn it over, he should turn it on its side while upright; this is sufficient.
If a person turned all his own beds over, but slept on beds belonging to others, on a chair, on a chest, or on the ground, he does not fulfill his obligation. Instead, he must sleep on the overturned bed.
Halacha 19
Which source teaches that a mourner is forbidden to uncover his head? Ezekiel was instructed Ezekiel 24:17: "Do not veil your face until the lips." Implied is that others are obligated to cover their heads. He should use the sash with which he covers his head and wind a portion of it over his mouth slightly. In this vein, Onkelos renders Leviticus 13:45: "He should veil his face until his lips," as "He should cover himself like a mourner."
Halacha 20
Which source teaches that a mourner is forbidden to exchange greetings with colleagues? Ezekiel was instructed: "Be silent from groaning."
For the entire first three days, if someone greets him, he does not respond with greetings. Instead, he notifies him that he is a mourner. From the third day until the seventh, when a person greets him, he should respond with greetings. From the seventh until the thirtieth day, he may greet others, but others should not greet him until after thirty days have passed. And when he is in mourning for his father or mother, he should not be greeted until after twelve months.
If he is forbidden to greet a colleague during the mourning period, one can certainly infer that he is forbidden to engage in lengthy talk and frivolity, as implied by the instruction: "Be silent." He should not hold an infant in his arms so that he will not lead him to laughter. And he should not enter a place of celebration, e.g., a feasting hall or the like.
____________________________
Rambam:
• 3 Chapters a Day: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 16, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 17, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 18
Sanhedrin veha`Onashin haMesurin lahem - Chapter 16
Halacha 1
Just as it is a mitzvah to execute a person who is obligated to be executed; so, too, it is a positive commandment to give lashes to a person who is obligated to receive lashes, as Deuteronomy 25:2 states: 'And the judge should cause him to fall and will have him beaten in his presence.' Although transgressions punishable by lashes are adjudicated by three judges, lashes are equivalent to execution.
Halacha 2
Lashes are administered in the present age in any place, according to Scriptural Law in the presence of three judges who were given semichah. This punishment is not, however, administered in the presence of three ordinary people.
Halacha 3
All the lashes that are administered by the judges of the diaspora in every place are 'stripes for rebellious conduct.'
Halacha 4
A person is not punished by lashes unless his transgression was observed by witnesses and they administered a warning to him. The witnesses are questioned and cross-examined in the same manner as they are in cases involving capital punishment.
The following laws apply when a person transgresses a negative commandment that can be corrected by a positive commandment. Before the transgressor violates the negative commandment, witnesses must administer a warning, telling him: 'Do not perform this activity. If you perform it and do not fulfill the positive commandment associated with it, you will receive lashes.' If, after receiving such a warning, the transgressor violates the commandment and does not fulfill the positive commandment, he receives lashes. Although the warning involved uncertainty, - for if he fulfills the positive commandment, he will be released unpunished - an uncertain warning is considered as a warning.
Halacha 5
The following rules apply when a person performs a prohibited act that is punishable both by lashes and execution by the court, e.g., he slaughtered an animal and its offspring on the same day as a sacrifice to a false divinity. If he was warned that his act is punishable by execution, he is stoned to death and is not given lashes, for he is obligated for a more severe judgment. If he was given a warning only for lashes, he receives lashes.
Halacha 6
There is no need for the two witnesses who obligate a person for lashes, to observe other than at the time the transgression is committed. The prohibition itself, by contrast, can be established on the basis of one witness.
What is implied? One witness said: 'This substance is fat from the kidneys, 'These grapes were grown together with grain in a vineyard, 'This woman is a divorcee or a zonah." If a person partook of this food or had relations with these women after he was warned, he receives lashes, despite the fact that the essence of the prohibition was established by one witness.
When does the above apply? When he did not contradict the witness when he established the prohibition. If, however, he said: "This is not fat," "She is not a divorcee," and then he partook of the food or had relations with the woman after his denial, he does not receive lashes until the prohibition was established through the testimony of two witnesses.
Halacha 7
If the person remained silent when the one witness testifies to establish the prohibition, and after he violated the transgression and was warned, he issued a claim to contradict the witness, his words are not accepted. Instead, he receives lashes.
Halacha 8
How are lashes administered? The transgressor's two hands are bound to a pillar on either side. The community attendant takes hold of his clothes and pulls downward. If they tear at the front, that is satisfactory; if the tear at the sides, that is satisfactory. He continues until he uncovers his heart. The rationale is that he should not administer lashes on his garment, as indicated by Deuteronomy 25:2: "And he shall strike him," i.e., "him," and not his garment.
A stone is placed behind him. The attendant who administers the lashes stands on it. He holds a strap of calf's leather that is folded into two, and a second one, making four, and two straps of donkey leather attached to it that rise and descend with it.
The strap is a handbreadth wide and it is long enough to reach the transgressor's belly. The handle of the strap is a handbreadth wide.
Halacha 9
The man administering the lashes should be heavily endowed with knowledge and minimally endowed with physical power. He should lift up the strap with both his hands and strike him with one hand, with all his power.
He should strike him with a third of the lashes on his front, i.e., on his breast, between his nipples, and two thirds of the lashes on his back, one third on one shoulder and the other third on the other shoulder.
Halacha 10
The person receiving the lashes should not stand, nor should he sit. Instead, he should bend over as Deuteronomy 25:2 states: "The judge shall cast him down." The verse continues: "And he shall strike him before him." This implies that the attention of the judge should be focused upon him. He should not look at other matters while having him lashed. From this, we learn that two people are never lashed at the same time.
Halacha 11
Through the time the person is being lashed, the judge of the highest stature reads the passage Deuteronomy 28:58ff: "If you are not careful to heed and to perform... in an extraordinary way, God will increase the blows against you and your offspring...." He should have the intent to complete the passage with the lashes. If the lashes are not completed, he should return to the beginning of the passage and read it again - and again if necessary until all the lashes are administered.
The judge of intermediate stature counts the lashes and the third judge tells the attendant before each blow: "Strike him." Throughout the entire time he administers the lashes, he does so following the judge's instruction.
Halacha 12
If the person receiving the lashes dies while receiving them, the attendant administering them is not liable. If he added another blow to the estimate arrived at by the judges and the person receiving the lashes dies, the attendant is exiled. If he does not die, the attendant is held liable for transgressing a negative commandment, as Deuteronomy 25:3 states: "Do not add."
Similarly, any other person who strikes a colleague violates a negative commandment. If a person who was given permission by the Torah to strike a colleague is warned not to strike him more than is required to punish his wickedness, certainly, this applies with regard to other people. For this reason, whenever a person strikes a colleague - even a servant - with a blow for which the victim would not receive a p'rutah in damages, the offender should be lashed. If, however, the blow is worth a p'rutah in damages, the offender is not lashed. The rationale is that he is obligated to make financial restitution, and a person never both receives lashes and is required to make financial restitution, as explained previously in several places.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 17
Halacha 1
How are lashes administered to a person liable to receive them? According to his strength, as indicated by Deuteronomy 25:2: "According to his wickedness by number." The number 40 stated in the following verse is mentioned to teach that more than 40 lashes are never administered even if the person is as healthy and as strong as Samson. When, by contrast, a person is weak, the amount of lashes is reduced. For if a weak person is given many lashes, he will certainly die. Therefore our Sages said: that even a very healthy person is given only 39 lashes. For if accidentally an extra blow is administered, he will still not have been given more than the 40 which he was required to receive.
Halacha 2
When the court estimates how many lashes the condemned is able to bear, the estimation is made in numbers that are divisible by three. If it was estimated that he could bear 20, we do not say that he should be given 21, so that the number of lashes will be divisible by three. Instead, he is given 18 lashes.
If the court estimated that he could bear 40 lashes, but when they began lashing him, they saw that he was weak and that he would not be able to bear more than the nine or twelve lashes that he already received, he is released. If they estimated that he could bear twelve and after he was lashed, they saw that he was strong and could bear more, he is released. He is not lashed more than the original estimate.
Halacha 3
If, on a specific day, it was estimated that he could bear twelve lashes to be given on that day, but he was not lashed until the following day, and on the following day, he is able to bear eighteen, he receives only twelve.
If it was estimated on one day that if he was lashed on the following day, he could bear twelve and he was not lashed until the third day, at which time he was strong enough to bear eighteen, he should be given eighteen lashes. The rationale is that at the time the estimation was made, it was reckoned that he would not be lashed until a later date. Similar laws apply in all analogous situations.
Halacha 4
The following rules apply when a person was obligated to receive several sets of lashes whether for the transgression of several sins, or he performed one deed that involved several transgressions and hence, caused him to be liable for several sets of lashes. Everything depends on the judges. If they made one estimation for both transgressions, he receives lashes and is absolved. If not, he is given lashes, given time to recuperate, and then given lashes again.
What is implied? He was held liable for two transgressions punishable by lashes. The court estimated that he could bear 45 lashes, once he receives these 45, he is absolved from further punishment. If, however, they estimated the amount of lashes he could bear for one transgression, and they gave him three, nine, or thirty lashes according to their estimation, we wait until he is healed, and estimate how many lashes he can bear for the second lashing until he is given all the lashings for which he is obligated.
Halacha 5
When it was estimated that a person could bear a specific number of lashes, they began lashing him and he became discomfited because of the power of the blows and either defecated or urinated, he is not given any more lashes. This is derived from Deuteronomy 25:3: "and your brother will be degraded before your eyes." Since he was discomfited, he is absolved.
If, however, he became discomfited from fear before being beaten, even if he became discomfited when he was taken out from the court to be lashed, and even if he became discomfited on the previous evening, he is given all the lashes that it was estimated that he could bear.
If one estimation was made for two transgressions punishable by lashes, and he becomes discomfited, whether in the midst of the first set of 40 or the second set of 40, he is absolved. If the lash became severed in the midst of the second lashing, he is absolved. If it became severed in the midst of the first lashing, he is absolved from the first set of lashes, but is given the lashes of the second set.
Halacha 6
If they bound him to the pillar to be lashed, and he severed the ties and fled, he is absolved. We do not force him to return.
Halacha 7
Whenever a person sins and is lashed, he returns to his original state of acceptability, as implied by the verse: "And your brother will be degraded before your eyes." Once he is lashed, he is "your brother."
9Similarly, all those obligated for kerait who received lashes are absolved for kerait.
Halacha 8
When a High Priest sins, he is lashed on the basis of the judgment of a court of three like people at large. Afterwards, he returns to his position of eminence.
Halacha 9
When, by contrast, the head of the academy transgresses, he is given lashes in the presence of a court of three, but does not return to his position of authority. He also is not reinstated as one of the other judges of the Sanhedrin. The rationale is that we ascend higher in matters of holiness, and do not descend.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 18
Halacha 1
These are the individuals who receive lashes:
a) anyone who transgresses a negative commandment punishable by kerait, but which is not punishable by execution by the court, e.g., a person who eats either fats, blood, or chametz on Passover,
b) anyone who transgresses a negative commandment punishable by death at the hand of heaven, e.g., a person who eats tevel, or a priest who eats terumah that is ritually pure, while he is in a state of ritual impurity,
c) anyone who involves a negative prohibition that involves a deed, e.g., a person who eats milk and meat or who wears sha'atnez.
When, however, a prohibition does not involve a deed, i.e., a gossiper, a person who takes revenge, or who bears a grudge, and a judge who hears a false report, a violator does not receive lashes.
Halacha 2
Whenever a prohibition does not involve a deed, it is not punishable by lashes except for a person who takes a false oath, a person who transfers the sanctity of one sacrificial animal to another, and one who curses a colleague using God's name. Similarly, any prohibition punishable by execution by the court, e.g., "Do not commit adultery," or do not perform labor on the Sabbath is not punishable by lashes.
Whenever a prohibition requires financial recompense, e.g., "Do not rob," or "Do not steal," it is not punishable by lashes. Whenever a prohibition can be corrected by the performance of a positive commandment, e.g., "Do not take the mother together with the offspring," or "Do not complete the reaping of the corners of your field," it is not punishable by lashes, unless one does not perform the positive commandment.
Similarly, a prohibition of a general nature is not punishable by lashes. All other Scriptural prohibitions are punishable by lashes.
Halacha 3
What is meant by a prohibition of a general nature? A prohibition that includes many matters, e.g., Leviticus 19:26,: "Do not eat over the blood." Similarly, if the Torah states: "Do not do this and this," since a prohibition was not explicitly stated with regard to each deed, these prohibitions are not punishable by lashes unless the Torah divides them into separate prohibitions or it is conveyed via the Oral Tradition that they have been divided.
What is implied? Exodus 12:9 states: "Do not partake of it partially roasted or cooked." If a person partakes of a portion of the Paschal sacrifice while it is partially roasted and another portion that has been cooked at the same time, he does not receive two sets of lashes, only one.
With regard to chadash, Leviticus 22:14 states: "You shall not partake of bread, roasted grain, or fresh grain...." A violator is liable for three sets of lashes for these three transgressions. According to the Oral Tradition, we learned that a distinction is to be made.
It is also written: "There shall not be found among you one passes his son or daughter through the fire, one who divines...." Even though all the matters are included in one prohibition, in other places, the Torah distinguishes them as separate prohibitions, as Leviticus 19:26 states: "Do not augur and do not read omens." This teaches that each one is a separate prohibition. Similar principles apply in all analogous situations.
Halacha 4
The following rules apply when a person receives lashes in a court because of the violation of a prohibition punishable by kerait, and then received lashes a second time for the violation of that same prohibition - e.g., he ate forbidden fat, received lashes for it, and then ate forbidden fat again and received lashes for it. If he eats such fat a third time, he is not given lashes. Instead, he is compelled to enter a kipah, a narrow place that is his height where he cannot lie down. He is given meager portions of bread and water until his digestive tract contracts and he becomes ill. Afterwards, we feed him barley until his stomach bursts.
Halacha 5
When a person violates a prohibition punishable by kerait or by execution by the court and received a warning beforehand, if he nodded his head, or remained silent and did not acknowledge the warning, we do not execute him, as explained above, nor do we give him lashes. If he repeats this transgression, receives a warning, nods his head, or remains silent, we neither execute him or give him lashes. If he repeats this transgression a third time, receives a warning, even though he merely nodded his head or remained silent, he is placed in a kipah until he dies.
All these individuals who did not acknowledge the warning they received are given "stripes for rebellious behavior" for they did at least commit a sin. Even a person who violates a Rabbinic prohibition is given "stripes for rebellious behavior."
Halacha 6
When a person steals one of the sacrificial vessels from the Temple, curses God's name using the name of a false divinity, or has relations with an idolatrous gentile woman, the court does not deal with this matter. Instead, the zealous strike them. Whoever slays them merits. Similarly, when a priest served in the Temple while ritually impure, his priestly brethren would not bring him to court. Instead, the young priests take him out of the Temple Courtyard and crack his head open with logs.
It is a Scriptural decree that the court does not execute a person or have him lashed because of his own admission. Instead, the punishments are given on the basis of the testimony of two witnesses. Joshua's execution of Achan and David's execution of the Amalekite convert because of their own statements was a directive of immediate relevance only or was by royal fiat. The Sanhedrin, however, may not execute or lash a person who admits committing a transgression, lest he have become crazed concerning this matter. Perhaps he is one of those embittered people who are anxious to die and pierce their reins with swords or throw themselves from the rooftops. Similarly, we fear that such a person may come and admit committing an act that he did not perform, so that he will be executed. The general principle is the disqualification of a person's own testimony is a decree of the king.
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Hayom Yom:
Sunday, 30 Cheshvan 5775 • 23 November 2014
"Today's Day"
Sunday, Kislev 1, Rosh Chodesh*, 5704
Torah lessons: Chumash: Vayeitsei, first parsha with Rashi.
Tehillim: 1-9.
Tanya: To understand the (p. 601)...the Minor Visage...(p. 603).
There were periods of time when R. Yekusiel Liepler, a chassid of the Alter Rebbe, davened Shacharit, Mincha and Maariv one right after the other; there was no time for intervals.
FOOTNOTES
* This day is celebrated by chassidim as marking the good health, in 5738 (1977), of the Rebbe of righteous memory.
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Daily Thought:
Childish Demands
When a child feels something is missing
the child wants it,
demands it with all his heart and soul
and demands it now.
The world is not the way it should be.
None of us are in our proper place.
We must demand from our Father that all this be repaired
and be repaired now.
We need to scream out as a small child would scream.[13 Nissan 5741, sicha 46.]
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Sunday, Kislev 1, Rosh Chodesh*, 5704
Torah lessons: Chumash: Vayeitsei, first parsha with Rashi.
Tehillim: 1-9.
Tanya: To understand the (p. 601)...the Minor Visage...(p. 603).
There were periods of time when R. Yekusiel Liepler, a chassid of the Alter Rebbe, davened Shacharit, Mincha and Maariv one right after the other; there was no time for intervals.
FOOTNOTES
* This day is celebrated by chassidim as marking the good health, in 5738 (1977), of the Rebbe of righteous memory.
____________________________
Daily Thought:
Childish Demands
When a child feels something is missing
the child wants it,
demands it with all his heart and soul
and demands it now.
The world is not the way it should be.
None of us are in our proper place.
We must demand from our Father that all this be repaired
and be repaired now.
We need to scream out as a small child would scream.[13 Nissan 5741, sicha 46.]
____________________________
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