Chabad - Today in Judaism - TODAY IS: Tuesday, 10 Kislev, 5775 • 2 December 2014

Chabad - Today in Judaism - TODAY IS: Tuesday, 10 Kislev, 5775 • 2 December 2014
Today's Laws & Customs:

Today in Jewish History:
• Liberation of R. DovBer of Lubavitch (1826) 
In 1826, Rabbi DovBer of Lubavitch (see calendar entry for yesterday, Kislev 9) was arrested on charges that his teachings threatened the imperial authority of the Czar, but was subsequently exonerated. The date of his release, Kislev 10, is celebrated amongst Chabad Chassidim as a "festival of liberation." Tachnun (confession of sins) is omitted from the day's prayers, farbrengens are held, and Rabbi DovBer's teachings are studied.
Links:
More on R. DovBer of Lubavitch

Prison Juice
DAILY QUOTE:
There was once a king who had an only daughter, and one of the kings came and married her. When her husband wished to return to his country, her father said to him: "My daughter, whose hand I have given you, is my only child; I cannot part with her. Neither can I say to you, 'Do not take her,' for she is your wife. This one favor, however, I ask of you: wherever you go to live, prepare a chamber for me that I may dwell with you, for I cannot leave my daughter."
In the same way, G-d said to Israel: "I have given you the Torah. I cannot part with her, and I also cannot tell you not to take her. But this I request of you: wherever you go, make for Me a house wherein I may dwell."[Midrash Rabbah]
DAILY STUDY:

CHITAS AND RAMBAM FOR TODAY:
Chumash: Vayishlach, 3rd Portion Genesis 32:31-33:5 with Rashi
• Chapter 32
31. And Jacob named the place Peniel, for [he said,] "I saw an angel face to face, and my soul was saved." לא. וַיִּקְרָא יַעֲקֹב שֵׁם הַמָּקוֹם פְּנִיאֵל כִּי רָאִיתִי אֱלֹהִים פָּנִים אֶל פָּנִים וַתִּנָּצֵל נַפְשִׁי:
32. And the sun rose for him when he passed Penuel, and he was limping on his thigh. לב. וַיִּזְרַח לוֹ הַשֶּׁמֶשׁ כַּאֲשֶׁר עָבַר אֶת פְּנוּאֵל וְהוּא צֹלֵעַ עַל יְרֵכוֹ:
And the sun rose for him: This is a common expression: When we arrived at such-and-such a place, the dawn broke for us. This is the simple explanation. The Midrashic Aggadah (Tanchuma Buber, Vayishlach 10; Gen. Rabbah 68:10) [explains]: And the sun rose for him-to heal his limp, as it is said: (Mal. 3:20): “the sun of mercy, with healing in its wings”; and those hours that it hastened to set for him when he left Beer-sheba, it hastened to rise for him.
ויזרח לו השמש: לשון בני אדם הוא, כשהגענו למקום פלוני האיר לנו השחר, זהו פשוטו. ומדרש אגדה ויזרח לו לצרכו, לרפאות את צלעתו, כמה דתימא (מלאכי ג כ) שמש צדקה ומרפא בכנפיה, ואותן שעות שמיהרה לשקוע בשבילו כשיצא מבאר שבע, מיהרה לזרוח בשבילו:
and he was limping on his thigh: He was limping on his thigh when the sun rose.
והוא צלע: והוא היה צולע כשזרחה השמש:
33. Therefore, the children of Israel may not eat the displaced tendon, which is on the socket of the hip, until this day, for he touched the socket of Jacob's hip, in the hip sinew. לג. עַל כֵּן לֹא יֹאכְלוּ בְנֵי יִשְׂרָאֵל אֶת גִּיד הַנָּשֶׁה אֲשֶׁר עַל כַּף הַיָּרֵךְ עַד הַיּוֹם הַזֶּה כִּי נָגַע בְּכַף יֶרֶךְ יַעֲקֹב בְּגִיד הַנָּשֶׁה:
the hip sinew: Heb. גִיד הַנָשֶׁה. Now why was it named גִיד הַנָשֶׁה Because it sprang (נָשָׁה) out of its place and rose, and that [root] is a term for springing. Similarly (Jer. 51:30): “their might has failed (נָשְׁתָּה),” and similarly (below 41:51): “for God has caused me to forget (נַשַׁנִי) all my toil.”-[from Chullin 91a]
גיד הנשה: ולמה נקרא שמו גיד הנשה, לפי שנשה ממקומו ועלה, והוא לשון קפיצה, וכן (ירמיה נא ל) נשתה גבורתם, וכן (לקמן מא נא) כי נשני א-להים את כל עמלי:
Chapter 33
1. Jacob lifted his eyes and saw, and behold, Esau was coming, and with him were four hundred men; so he divided the children with Leah and with Rachel and with the two maidservants. א. וַיִּשָּׂא יַעֲקֹב עֵינָיו וַיַּרְא וְהִנֵּה עֵשָׂו בָּא וְעִמּוֹ אַרְבַּע מֵאוֹת אִישׁ וַיַּחַץ אֶת הַיְלָדִים עַל לֵאָה וְעַל רָחֵל וְעַל שְׁתֵּי הַשְּׁפָחוֹת:
2. And he placed the maidservants and their children first and Leah and her children after, and Rachel and her Joseph last. ב. וַיָּשֶׂם אֶת הַשְּׁפָחוֹת וְאֶת יַלְדֵיהֶן רִאשֹׁנָה וְאֶת לֵאָה וִילָדֶיהָ אַחֲרֹנִים וְאֶת רָחֵל וְאֶת יוֹסֵף אַחֲרֹנִים:
and Leah and her children after: The further back the more beloved. — [from Gen. Rabbah 78:8]
ואת לאה וילדיה אחרונים: אחרון אחרון חביב:
3. And he went ahead of them and prostrated himself to the ground seven times, until he came close to his brother. ג. וְהוּא עָבַר לִפְנֵיהֶם וַיִּשְׁתַּחוּ אַרְצָה שֶׁבַע פְּעָמִים עַד גִּשְׁתּוֹ עַד אָחִיו:
went ahead of them: He said, “If that scoundrel comes to fight, let him fight with me first.” - [from Gen. Rabbah 78:8]
עבר לפניהם: אמר אם יבא אותו רשע להלחם, ילחם בי תחילה:
4. And Esau ran toward him and embraced him, and he fell on his neck and kissed him, and they wept. ד. וַיָּרָץ עֵשָׂו לִקְרָאתוֹ וַיְחַבְּקֵהוּ וַיִּפֹּל עַל צַוָּארָיו כתיב צוארו וַֹיִֹשָֹׁקֵֹהֹוֹּ וַיִּבְכּוּ:
and embraced him: His compassion was moved when he saw him prostrate himself all those times. — [from Gen. Rabbah 78:8]
ויחבקהו: נתגלגלו רחמיו כשראהו משתחוה כל השתחוואות הללו:
and kissed him: Heb. וֹיֹשֹקֹהֹוּ. There are dots over the word. There is controversy concerning this matter in a Baraitha of Sifrei (Beha’alothecha 69). Some interpret the dots to mean that he did not kiss him wholeheartedly. Rabbi Simeon ben Yochai said: It is a well known tradition that Esau hated Jacob, but his compassion was moved at that time, and he kissed him wholeheartedly.
וישקהו: נקוד עליו, ויש חולקין בדבר הזה בברייתא דספרי (בהעלותך סט), יש שדרשו נקודה זו לומר שלא נשקו בכל לבו. אמר ר' שמעון בן יוחאי הלכה היא בידוע שעשו שונא ליעקב, אלא שנכמרו רחמיו באותה שעה ונשקו בכל לבו:
5. And he lifted his eyes and saw the women and the children, and he said, "Who are these to you?" And he said, "The children with whom God has favored your servant." ה. וַיִּשָּׂא אֶת עֵינָיו וַיַּרְא אֶת הַנָּשִׁים וְאֶת הַיְלָדִים וַיֹּאמֶר מִי אֵלֶּה לָּךְ וַיֹּאמַר הַיְלָדִים אֲשֶׁר חָנַן אֱלֹהִים אֶת עַבְדֶּךָ:
“Who are these to you?”: Who are these to be yours?
מי אלה לך: מי אלה להיות שלך:
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Daily Tehillim: Psalms Chapters 55 - 59
• Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
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Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, 10 Kislev, 5775 • 2 December 2014
Kuntres Acharon, middle of Essay 4
מה שאין כן ההלכות, הרי הארת החכמה מאירה בהן בגילוי
This is not so, however, with regard to the laws, in which a radiance of Wisdom illuminates them manifestly; they do not conceal it.
ולבוש העשיה הוא דרך מעבר לבד
The garment of Asiyah serves merely as a passage,
Though the laws vested in the physical things of this world (the physical World of Asiyah) are thus subject to the concealment that pervades Asiyah, they are not garbed in it to the point that the garment essentially affects the wearer, for they merely pass through the garment of Asiyah.
כמו ביום טוב, שחסד דאצילות, המלובש לגמרי בחסד דבריאה, מחיה עולם הזה הגשמי
just as on the festivals, when Chesed of Atzilut, which is completely clothed in Chesed of Beriah, vivifies this physical world
על ידי מעבר חסד דיצירה ועשיה
by passing through the Chesed of Yetzirah and of Asiyah,
הנקרא גם כן התלבשות
this [passage] is also called investment,1
שאם לא כן, לא היה פועל בגשמיות עולם הזה
for otherwise it would not affect the physicality of This World.
Thus, just as with regard to the festivals, though the animating light first passes through Yetzirah and Asiyah it is still considered to be an illumination of Chesed of Beriah, so too with regard to the laws: The light within the laws merely “passes through” the physicality with which they deal; it always retains a radiation of Supreme Wisdom.
ואף שגשמיות עולם הזה ודאי מסתיר לגמרי אפילו החסד דעשיה
Now though the physicality of This World as discussed in the law unquestionably conceals completely even the Chesed of Asiyah — and surely, then, it conceals the diffusion of Supreme Wisdom,
מכל מקום ההלכה עצמה אינה גשמיות ממש
still the law proper is not actually physical;
שהיא בחינת רצון, הנמשך מחכמה עילאה, להקל או להחמיר
it is the Divine Will, drawn from the Supreme Wisdom, for leniency or severity.
G‑d’s wisdom affirms that it be His will that a particular legal ruling be either lenient or strict.
רק שיורד ומאיר בבחינת גילוי בגשמיות, כמים היורדים ממקום גבוה כו׳
It is only that this [Will] descends and illuminates in revealed fashion in the realm of the physical, just as water descends from a high place, and so on.
It is the very same water that is now to be found in a low place.
והדבר הגשמי עצמו, שבו מדברת ההלכה, באמת הוא מסתיר לגמרי
The physical object itself which the law discusses does, in fact, utterly obscure,
כמו המחליף פרה בחמור, וכן בשר הפיגול, או לא פיגול וכשר
as, for example, in the law of2 “one who exchanges a cow for a donkey,” or the laws concerning flesh that is pigul, or is not pigul and is kosher.
The actual cow or donkey or flesh do in fact completely conceal the radiance from the Supreme Wisdom.
In contrast, it was stated above that when holding a physical etrog one is grasping the G‑dly essence of Atzilut. The difference lies in the fact that the etrog is part of the mitzvah. As such, it has no identity other than G‑dliness and thus does not conceal it. Since, by contrast, the physical cow or donkey are not part of the law, they can conceal G‑dliness. With regard to the human intellect, however, which studies this law, since the “intellectual” cow and donkey are part of the law, they in fact do not act as a concealment.
רק ההלכה בעצמה, עם הטעם הנגלה, היא מבחינת מלכות דבריאה ויצירה דבחינת נשמה
Only the legal ruling itself with its revealed rationale are from Malchut of Beriah (i.e., the reasoning of the Gemara) and of Yetzirah (i.e., the rulings of the Mishnah), of the state of Neshamah,
שהוא אלקות, המחיה ומהוה נפש רוח דבריאה יצירה עשיה
which is G‑dliness that vivifies and brings into being the Nefesh-Ruach of Beriah, Yetzirah and Asiyah which are in the category of created beings,
שהן דחילו ורחימו של המלאכים והנשמות וחב״ד שלהם, מאין ליש
and which are the awe and love of angels and souls and their ChaBaD, i.e., the contemplation of G‑d’s greatness that leads to love and fear; — all this is created and vivified ex nihilo, as are all created beings.
ולכן הוא מרוה צמאונם
As to this radiation of Supreme Wisdom that descends through Malchut of Beriah and Yetzirah, in the form of Torah as it is found in those worlds prior to its descent below, it therefore slakes [the] thirst of the souls and angels in the Worlds of Beriah and Yetzirah,
קודם שירדה לעולם הזה, כמים היורדים כו׳
before its descent into This World like descending waters....3
וגם אחר שירדה לעשיה, היא למעלה מעלה מבחינת חכמה בינה דעת דעשיה, אפילו דבחינת נשמה, שהיא אלקות
Even after it descends into Asiyah, it transcends by far ChaBaD of Asiyah, even of the state of Neshamah, which is G‑dliness.
For this is G‑dliness of Asiyah, while the illumination of Supreme Wisdom within the laws is the G‑dliness of Atzilut.
FOOTNOTES
1. Note of the Rebbe: “See Or HaTorah, Parshat Shemini, p. 470ff.”
2. Bava Metzia 100a.

3. Taanit 7a.
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Rambam: 
Daily Mitzvah N285 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 10 Kislev, 5775 • 2 December 2014

Negative Commandment 285
False Testimony
"You shall not bear false witness against your neighbor"—Exodus 20:13.
It is forbidden to testify falsely.
False Testimony
Negative Commandment 285
Translated by Berel Bell
The 285th prohibition is that we are forbidden from giving false testimony.
The source of this prohibition is G‑d's statement,1 "Do not testify as a false witness (eid sheker) against your neighbor." This prohibition is repeated using a different expression,2 "as a perjurous witness" (eid shav).
Scripture3 dictates the punishment for one who violates this prohibition, "You must do the same to them as they plotted to do to their brother." The Mechilta says,4 "The verse, 'Do not testify as a false witness' is the prohibition regarding false witnesses (eidim zom'mim5)"
The punishment for violating this prohibition is lashes, as explained in the last chapter6 of tractate Makkos, where the details of this mitzvah are explained.
FOOTNOTES
1.Ex. 20:13
2.Deut. 5:17.
3.Ibid., 19:19.
4.Parshas Yisro. Evidently the Rambam quotes the Mechilta because the phrase "the prohibition" proves that this verse constitutes a Biblical prohibition and therefore included in the count of the 613 mitzvos.
5.Eidim zom'mim are a particular type of false witnesses, who have been proven false by virtue of testimony that they were not present at the event they claim to have witnessed. If Reuven and Shimon testified, for example, that they saw Levi kill Yehudah, they could be proven to be eidim zom'mim if others testify that they saw Reuven and Shimon in another city on that day. If this happens, Reuven and Shimon are put to death since this is what they tried to have inflicted on Levi. See the next mitzvah, P180.
6.4b. This should evidently read, "first chapter." See Kapach, 5731, footnote 1.
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Rambam:

• 1 Chapter a Day: Avel - Chapter 14
Avel - Chapter 14
Halacha 1
It is a positive commandment of Rabbinic origin to visit the sick, comfort mourners, to prepare for a funeral, prepare a bride, accompany guests, attend to all the needs of a burial, carry a corpse on one shoulders, walk before the bier, mourn, dig a grave, and bury the dead, and also to bring joy to a bride and groom and help them in all their needs. These are deeds of kindness that one carries out with his person that have no limit.
Although all these mitzvot are of Rabbinic origin, they are included in the Scriptural commandment Leviticus 19:18: "Love your neighbor as yourself." That charge implies that whatever you would like other people to do for you, you should do for your comrade in the Torah and mitzvot.
Halacha 2
The reward one receives for accompanying guests is greater than all of the others. This is a statute which Abraham our Patriarch instituted and the path of kindness which he would follow. He would feed wayfarers, provide them with drink, and accompany them. Showing hospitality for guests surpasses receiving the Divine Presence as Genesis 18:3 states: "And he saw and behold there were three people."
Accompanying them is greater than showing them hospitality. Our Sages said: "Whoever does not accompany them is considered as if he shed blood."
Halacha 3
We compel people to accompany wayfarers in the same manner as we compel them to give charity. The court would prepare agents to accompany people who travel from place to place. If they were lax in this matter, it is considered as if they shed blood. 11 Even a person who accompanies a colleague for four cubits will receive a great reward.
What is the extent to which a person must accompany a colleague? A teacher must accompany his student to the outskirts of the city. A person must accompany a colleague to the city's Sabbath limits. A student must accompany his teacher for a parsah. If he was his master teacher, he must accompany him until three parseot.
Halacha 4
It is a mitzvah incumbent on everyone to visit the sick. Even a person of great spiritual stature should visit one of lesser stature. One may visit many times during the day. Whoever increases the frequency of his visits is praiseworthy provided he does not become burdensome. Whoever visits a sick person removes a portion of his sickness and relieves him. Whoever does not visit the sick is consider as if he shed blood.
Halacha 5
We do not visit the sick except from the third day onward. If, however, a person became ill suddenly and his illness became very severe, he should be visited immediately.
We do not visit the sick during the first three hours of the day, nor in the last three hours because his attendants are tending to the sick person's needs. We do not visit patients with stomach illnesses, eye illnesses, or headaches because the visits are difficult for them.
Halacha 6
When one comes to visit a sick person, he should not sit on a bed, nor on a chair, nor on a bench, nor on a high place, nor above the invalid's head. Instead, he should wrap himself in a tallit, sit below his head, entreat God for mercy on his behalf and depart.
Halacha 7
It appears to me that comforting mourners takes precedence over visiting the sick. For comforting mourners is an expression of kindness to the living and the dead.
Halacha 8
When a person is faced with either tending to a corpse or a bride, he should leave the bride and occupy himself with the corpse. Thus Ecclesiastes 7:4 states: "The heart of the wise is in the house of mourning."
When a corpse and a bride confront each other on a road, the corpse is turned aside before the bride. Both of these should turn aside before a king
Halacha 9
We nullify Torah study for a funeral and for a wedding. When does the above apply? When there are not enough people to care for a corpse. If there are enough people to care for it, Torah study should not nullified. Whoever does not occupy himself with Torah study is obligated to occupy himself with the corpse.
Halacha 10
If there is one corpse in a city, all the inhabitants of the city are forbidden to perform work until they bury him. If there is a person responsible for tending to the needs of funeral, the others are permitted.
11 When a Torah scholar dies, unless there are 600,000 to accompany him, we nullify Torah study for his funeral. If there are 600,000, we do not nullify Torah study. If he would also teach others, there is no limit. Instead, we nullify everyone from their ordinary activity for his funeral.
Halacha 12
We bury the dead of the gentiles, comfort their mourners, and visit their sick, as an expression of the ways of peace.
Halacha 13
It is forbidden to benefit from a cemetery. What is implied? We do not eat or drink, perform work read the Torah or study the Oral Law within them. The general principle is: We do not benefit from them nor act frivolously within them.
A person should not walk within four cubits of a grave with tefillin in his hand or a Torah scroll in his arm, nor should he pray there. At a distance of four cubits, this is permitted.
Halacha 14
When a person is transporting the bones of a corpse from one place to another, he should not put them in a leather sack, place them on a donkey and ride upon them, because this is treating them contemptuously. If he was afraid of thieves or robbers, this is permitted.
Halacha 15
We do not move a corpse from one grave to another, even from a denigrating site to an honorable one. If the grave was located in another person's property, the corpse may be moved even from an honorable site to a denigrating one.
Halacha 16
We do not bury one corpse on top of another, nor do we bury two corpses together, for this is denigrating. A baby who sleeps with his mother may be buried with her.
Halacha 17
It is not forbidden to benefit from the earth of a grave. For ordinary earth never becomes forbidden. It is, by contrast, forbidden to benefit from a building which is a grave.
Halacha 18
When a person builds a grave for a deceased person, the grave does not become forbidden until the corpse is placed inside. Even if one places a stillborn infant in a grave, the prohibition against benefiting from it takes effect.
Halacha 19
The following rules apply when a monument is built for the sake of a living person and a corpse is placed within. If one row of bricks was added for the sake of the deceased person, it is forbidden to derive benefit from the entire monument even after the corpse was removed from there. If one recognized the addition, one may remove it and then the remainder is permitted. If the monument was made for the sake of the deceased, once the corpse was placed in it, it becomes forbidden even though the corpse was removed.
Halacha 20
When a person builds a grave for his father and then buries his father's corpse in another grave, he should never bury another corpse in that grave. Instead, it is forbidden to benefit from this grave forever as an expression of respect for his father.
Halacha 21
It is forbidden to benefit from a corpse with the exception of its hair. One may benefit from hair, because it is not his body. Similarly, it is forbidden to benefit from the coffin and the shrouds. There is no prohibition against benefiting from garments prepared to be used as shrouds. Even if one knitted a garment to be used for a corpse, they are not forbidden until they reach the bier which is buried with him. For designation of an article to be used for a corpse does not cause it to be forbidden.
Halacha 22
It is forbidden to benefit from all the garments thrown upon the deceased on the bier which is buried with him, so that because of them, confusion will not arise with regard to shrouds.
Halacha 23
If a person's father or mother were throwing garments on the bier in their extreme aggravation, it is a mitzvah for others to save them. If they reached the bier which is buried with the corpse, we do not save them.
Halacha 24
We teach a person that he should not recklessly destroy property and through it to oblivion. It is better to give it to the poor than to throw it to maggots and worms. Whoever casts many articles on a deceased person violates the commandment against destroying property.
Halacha 25
When a king dies, we ruin the horse that he would ride upon and the calf that pulls the wagon in which he would sit. We cut off its hooves from below the knee, a place that does not render it trefe.
We convene a yeshivah at his grave for seven days, as II Chronicles 32:33 states: "They honored him in his death." Our Sages interpret this as meaning: they convened a yeshivah at his grave. When a nasi dies, we do not nullify his yeshivah for more than 30 days.
Halacha 26
When a king or a nasi dies, one may burn his bed and all his personal utensils. This is not considered as an Amorite or destructive practice. For Jeremiah 34:5 states: "You shall die in peace, and as they made pyres for your ancestors, the earlier kings..., they will make pyres for you."
Blessed be God who grants assistance.
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Rambam:
• 3 Chapters a Day: Edut - Chapter 17, Edut Edut - Chapter 18, Edut Edut - Chapter 19
Edut - Chapter 17
Halacha 1
When many men of great wisdom and fear of God testify to a person and tell him that they saw so-and-so commit a particular transgression or borrow money from a colleague, although the listener believes the matter in his heart as if he saw it actually transpire, he may not deliver testimony unless he actually sees the matter or the borrower acknowledges the debt verbally to him, saying: "Be a witness for me that so-and-so lent me a maneh." These concepts are derived from Leviticus 5:1 which states: "And should he witness, see, or know of the matter...." There is no testimony that can be established through sight or knowledge alone except testimony involving financial matters.
Whenever a person delivers testimony on the basis of the statements of others, he is a false witness and transgresses a negative commandment, as Exodus 20:16 states: "Do not bear false witness against your neighbor."
Halacha 2
Therefore, we issue a warning also to witnesses who testify regarding financial matters.
How do we warn them? We issue this warning in the presence of all onlookers, telling them the severity of bearing false testimony and the shame suffered by those who deliver such testimony in this world and in the world to come.
Afterwards, we order all other people to go outside and leave the witness of the greatest stature inside. We say to him: "Tell us the basis on which you know that this person owes money to that." If he says: "He told me that the borrower said that I owe him the money," or he says: "So-and-so told me that he owed him money," his statements are of no consequence. He must say: "In our presence, the defendant admitted to the plaintiff that he owes him the money."
Afterwards, we bring in the second witness and check his testimony in this manner. If their testimony corroborates each other's, the judges deliberate over the matter and conclude the judgment.
Halacha 3
The following rules apply if a person hid witnesses against his colleague and that colleague acknowledged his obligation to him in private. The witnesses saw and heard him tell him: "Certainly, I owe you this and this amount, but I am afraid you will call me to judgment tomorrow." This is not valid testimony unless he makes the acknowledgment in the presence of witnessess.
Halacha 4
Whether a person acknowledged a debt to a colleague, making the admission in a sincere manner that he owes him such-and-such an amount, he told the witnesses: "You are my witnesses," or he told them "Serve as witnesses for me," they are valid witnesses. This applies whether the statement is made by the borrower or whether it is made by the lender and the borrower remains silent as if he is accepting his words. Needless to say, it applies if he affirmed the appointment with an act of contract, telling them: "Compose a legal document stating that I owe so-and-so this-and-this amount," or the like, his statement is considered as an admission and the witnesses may testify on this basis.
Halacha 5
When a teacher tells a student: "You know that if they would give me all the money in the world, I would not lie. So-and-so owes me a maneh. I have one witness against him. Please, join him." If he joins him, he is a false witness.
Halacha 6
If he tells him: "Come and stand together with the witness. You do not have to testify, but the borrower will become frightened and panic, thinking that you are two witnesses and he will admit the debt on his own volition," the student is forbidden to stand and make it appear that he is a witness even though he does not deliver testimony. With regard to this and similar matter, Exodus 23:7 states: "Keep distant from words of falsehood."
Halacha 7
A person who hires false witnesses to testify against a colleague is not liable according to mortal law, but does have a moral and spiritual obligation. Similarly, one witness who refrains from testifying is not liable according to mortal law, but does have a moral and spiritual obligation.
Edut - Chapter 18
Halacha 1
When a person delivered false testimony and witnesses testify to that fact, he is called an eid zomeim, "a conspiring witness."
It is a positive mitzvah to requite him in the manner in which he desired through his testimony to effect his colleague. If witnesses testify with regard to a transgression for which one is liable to be stoned to death and it is proved that they testified falsely, they are all stoned. If the transgression was punishable by being burned to death, they are burned to death. Similar laws apply with regard to other forms of capital punishment.
If they testified falsely with regard to a transgression punishable by lashes, each one of them is lashed as are all those obligated to be lashed. We estimate their capacity to bear the lashes and they are lashed. If they testified falsely to obligate the defendant to make a financial payment, we divide that amount according to the number of lying witnesses. Each witness must pay his share. The lying witnesses do not receive lashes when they are required to make financial reimbursement.
Halacha 2
When does the above apply? When the witnesses were disqualified through hazamah? When, however, the testimony of two pairs of witnesses contradict each other, both testimonies are of no consequence, but neither of them receives punishment, because we do not know which pair is lying.
What is the difference between testimony which is contradicted and testimony which is disqualified through hazamah? A contradiction concerns the testimony itself. One pair states: "This is what took place," and the other pair states: "It never took place," or that conclusion was obvious from his statements. Hazamah, by contrast, focuses on the witnesses themselves. The witnesses who disqualify them do not know whether the event happened or not.
What is implied? Witnesses come and say: "We saw so-and-so kill a person..." or "...lend money to so-and-so on this-and-this date in this-and-this place." After they testified and the testimony was investigated, two other witnesses came and said: "On that day, we were with you and with those people the entire day and those things never happened. He never killed him," or "...He never lent him." This is considered a contradiction.
Similarly, if witnesses say: "How can you testify in this manner. Either the murderer - or the victim or the borrower or the lender - were with us on that day in another city," the testimony is considered to be contradicted. This is as if they said: "So-and-so did not kill him..." or "So-and-so did not lend him, for they were together with us and this thing did not happen." Similar principles apply in all analogous situations.
If, however, the second pair of witnesses say: "We do not know if so-and-so killed so-and-so on this day in Jerusalem as you say or not. We are, however, testifying that you yourselves were with us in Babylon on that date," the first pair of witnesses are considered as zomeimim and they are executed or required to make financial restitution. The rationale is that the witnesses who disqualified them did not concern themselves with the testimony itself whether it was true or false, but with the presence of the witnesses in the place mentioned.
Halacha 3
The fact that the Torah accepted the word of the latter pair of witnesses instead of that of the first pair of witnesses is a Scriptural decree. Even if there were 100 in the first group of witnesses and two witnesses came and disqualified them all through hazamah, saying: "We testify that all 100 of you were together with us on this date in this place," the 100 witnesses are punished on the basis of their testimony. For two witnesses are equivalent to 100 and 100 are equivalent to two. Similarly, when two groups of witnesses contradict each other, we do not follow the majority instead, we nullify the testimony of both.
Halacha 4
There is no need for lying witnesses to be given a warning.
When the testimony of witnesses was first contradicted and ultimately, disqualified through hazamah, the lying witnesses are executed, lashed, or forced to make financial restitution. The rationale is that a contradiction is the first stage of hazamah. It is not, however, completed.
Halacha 5
The testimony of witnesses can be disqualified through hazamah only in their presence. It can, however, be contradicted outside their presence.
When the testimony of witnesses has been disqualified through hazamah outside the presence of the witnesses, it is considered to have been contradicted. Therefore if the witnesses who have been disqualified through hazamah die before the testimony disqualifying them is delivered in their presence, their testimony is nullified, for the two testimonies contradicted each other.
Halacha 6
When the testimony of witnesses in cases of capital punishment was contradicted, but was not disqualified through hazamah, they do not receive lashes. This is true, even if the person they testified was killed comes himself to court to prove the suspected murderer's innocence. The rationale is that the prohibition is punishable by execution. Hence, lashes are not given because of it. Nevertheless, the court has the witnesses beaten with stripes for rebellious conduct according to their perception of the severity of the matter.
Halacha 7
A public announcement must be made with regard to lying witnesses. What type of announcement is made? A proclamation is written and sent throughout every city: "So-and-so and so-and-so testified in this manner. They were disqualified through hazamah and executed," "...lashed in our presence," or "fined so-and-so many dinarim." The necessity for this is derived from Deuteronomy 19:20: "Those who remain shall hear and become fearful."
Halacha 8
The obligation of lying witnesses to make financial restitution when required is considered as a fine. Therefore, they are not required to pay when they admit their own guilt.
What is implied? The witnesses delivered testimony and their testimony was investigated by the court. Afterwards, they both admitted: "We delivered false testimony. This person does not owe the other person anything." Or they said: "We gave testimony concerning so-and-so with regard to this-and-this amount and we were disqualified through hazamah." They are not required to make restitution because of their own statements.
If, however, they said: "We gave testimony concerning so-and-so, we were disqualified through hazamah in the court of so-and-so and we were obligated to give him this-and-this amount," they are required to make financial restitution. For this is an admission of debt with regard to money that they were already sentenced to pay.
If one witness makes such statements, he is obligated to pay his portion.
Edut - Chapter 19
Halacha 1
The following rules apply when two witnesses testify, saying: "So-and-so murdered a person in the eastern portion of the hall at this-and-this time," two other witnesses came and said: "You were together with us in the western portion of the hall at that time." If a person standing in the western portion could see what transpires in the eastern portion, they are not disqualified through hazamah. If, however, it is impossible to see what transpires, they are disqualified through hazamah. We do not say perhaps the eyesight of the first pair is very powerful and they can see things which transpire at a greater distance than all other men.
Similar principles apply if two people testified saying: "In the morning, so-and-so committed murder in Jerusalem," and two others come and tell them: "On that day, in the evening, you were together with us in Lod." If it is possible for a person to travel, even on horseback, from Jerusalem to Lod from the morning to the evening, they are not disqualified through hazamah. If not, they are disqualified through hazamah. We do not say perhaps they found a speedy camel and were able to travel the route faster than usual. Instead, we always calculate the matter using according to the known standards and disqualify them through hazamah.
Halacha 2
The following rules apply when two witnesses state: "On Sunday, so-and-so murdered a person in this-and-this place," and two other witnesses came and said: "On that date, you were together with us in another far removed place, but so-and-so certainly murdered the victim on the following day," the murderer and the first pair of witnesses are executed. Even if the second pair of witnesses testify that he committed the murder several days previously,the above laws apply. The rationale is that at the time they delivered testimony, the murderer had not yet been sentenced to death.
If, however, two witnesses come on Tuesday, and say: "On Sunday, so-and-so was sentenced to death," and two others come on Tuesday and say: "On Sunday, you were together with us in this distant place, but so-and-so was sentenced to death on Friday or on Monday," these witnesses are not executed. The rationale is that at the time they testified, the person had already been sentenced to death.
Similar principles apply with regard to the payment of a fine. What is implied? Two people came on Tuesday and said: "On Sunday, so-and-so stole, slaughtered the animal he stole, and was sentenced to pay a fine of four or five times the animal's worth." Two other witnesses come and testify: "On Sunday, you were with us in a distant place, but he was sentenced on Friday" - or even if they said: "On Sunday, so-and-so stole, slaughtered the animal he stole, and was sentenced on Monday," the witnesses who were disqualified through hazamah are not required to make financial restitution. The rationale is that at the time they testified against him, the defendant was obligated to make financial restitution. Similar laws apply in all analogous situations.
Halacha 3
The witnesses to a legal document may not be disqualified through hazamah unless they testify in court, saying: "We composed the legal document at the time stated. We did not delay the dating of it." If they did not say this, even though a document composed in Jerusalem is dated the first of Nisan and witnesses come and testify that the witnesses to the legal document were in Babylon on that date, the legal document is acceptable and the witnesses are acceptable. For it is possible that they composed the legal document and postdated it, i.e., they were in Jerusalem on the first of Adar and composed the legal document and postdated it, dating it the first of Nisan.
The following rules apply when, by contrast, they said: "We signed the document on the date stated," and they were disqualified through hazamah. If there are witnesses who know the day they signed the legal document or witnesses saw the legal document with their signatures on it on this-and-this date, once they are disqualified through hazamah, they are disqualified retroactively from the date on which it is known that they signed the legal document. The rationale is that witnesses who sign a legal document are considered as if their testimony was delivered in court from the time they signed.
If, however, there are no witnesses who saw them sign, giving testimony, nor did any see the signed document beforehand, the witnesses are disqualified only from the time they testified in court that the signature was theirs, saying: "We signed it on that date." The rationale is that it is possible that on the date that they testified in court, they signed a legal document that had existed for many years and they lied by saying: "We signed it on the day it was dated."
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Hayom Yom:
Tuesday, 10 Kislev, 5775 • 2 December 2014

"Today's Day"
"Today's Day"
Tuesday, Kislev 10, 5704
Torah lessons: Chumash: Vayishlach, Shlishi with Rashi.
Tehillim: 55-59.
Tanya: This is not so (p. 613)...which is G-dliness. (p. 615).

On this day in 5587 (1826) the Mitteler Rebbe was released from his imprisonment in the city of Vitebsk. During the preceding Chol Hamo'ed Sukot it became known that the Mitteler Rebbe had been slandered. On Sunday of parshat Noach, 28 Tishrei, he left Lubavitch accompanied by officers. At noon he arrived in Dobromisl, where he said the maamar Mayim rabim etc. On Monday he left there, and travelled to Lyozna, where he said the maamar Reshafeha rishpei etc. On Tuesday he left there for Vitebsk where he remained imprisoned until the Sunday of Vayishlach, 10 Kislev.
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Daily Thought:
Working Lessons
If all the world is a classroom and all of life is a lesson, then certainly your profession and workplace are included.
After all, He has unlimited ways to provide your livelihood—why did He direct you to this way of life?
What sparks of the divine await you here?[Hayom Yom, 9 Iyar.]
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