Today's Laws & Customs:
Kindle 2 Lights tonight
Today is the first day of the eight-day festival of Chanukah. In commemoration of the miracle of the oil (see "Today in Jewish History") we kindle the Chanukah lights -- oil lamps or candles -- each evening for eight days, increasing the number of lights each evening.
In the Jewish calendar, the day begins at nightfall; thus, the first Chanukah light is kindled on the preceding evening, which is when the Hebrew date of Kislev 25 begins. Tonight is the eve of the 2nd day of Chanukah, so we kindle two lights in the Chanukah menorah.
The lights—which ideally should be kindled soon after sunset—must burn for at least half an hour after nightfall. Learn more about the proper lighting time here.
For a more detailed guide to Chanukah lighting click here. For text and audio of the blessings recited before lighting, click here.
Additional Chanukah observances and customs are listed below:
Hallel & Al HaNissim
Special prayers of thanksgiving -- Hallel (in its full version) and Al HaNissim -- are added to the daily prayers and Grace After Meals on all eight days of Chanukah. Tachnun (confession of sins) and similar prayers are omitted for the duration of trhe festival.
Chanukah Foods
On Chanukah we eat foods fried in oil -- such as latkes (potato cakes) and sufganiot (doughnuts) -- in commemoration of the miracle of the oil.
It is also customary to eat dairy foods in commemoration of Judith's heroic deed.
Dreidel
It is customary to play dreidel -- a game played with a spinning top inscribed with the Hebrew letters Nun, Gimmel, Hei and Shin, which spell the phrase Nes Gadol Hayah Sham, "a great miracle happened there." (It is said that when the Greeks forbade the study of Torah, Jewish children continued the study with their teachers in caves and cellars; when the agents of the king were seen approaching, the children would hide their scrolls and start to play with spinning tops...)
Links: About the dreidel
Chanukah Gelt
It is an age-old custom to distribute gifts of Chanukah gelt ("Chanukah money") to children on Chanukah. (It was the custom of the rebbes of Chabad-Lubavitch to give Chanukah gelt to their children and other family members on the fourth or fifth night of Chanukah; more recently, however, the Lubavitcher Rebbe encouraged the giving of Chanukah gelt every day of the festival -- except for Shabbat, when handling money is forbidden.)
Today in Jewish History:
Cain Kills Abel (3720 BCE)
The first murder of history occurred on the 25th of Kislev in the year 41 from creation (3720 BCE), when Adam and Eve's eldest son, Cain, killed his younger brother, Abel, as recounted in the 4th chapter of Genesis.
Link: From the Midrash
Mishkan completed (1312 BCE)
The vessels, tapestries, wall sections and other components of the Mishkan (the portable sanctuary or "Tabernacle" built under Moses' direction to house the Divine Presence during the Israelites' journeys through the desert) were completed on the 25th of Kislev in the year 2449 from creation (1312 BCE). The Mishkan was not assembled, however, until 3 months later, when, beginning on Adar 25 of that year, it was erected and taken down daily for a 7-day "training" period prior to its dedication on the 1st of Nissan. Our Sages tell us that the day of Kislev 25 was compensated 12 centuries later, when the Maccabees dedicated the Holy Temple on Kislev 25, 3622 (139 BCE -- see below).
Links: The Mishkan described in the Torah and commentaries; from the Chassidic masters on the Mishkan
Chanukah Miracle (139 BCE)
On the 25th of Kislev in the year 3622 from creation, the Maccabees liberated the Holy Temple in Jerusalem, after defeating the vastly more numerous and powerful armies of the Syrian-Greek king Antiochus IV, who had tried to forcefully uproot the beliefs and practices of Judaism from the people of Israel. The victorious Jews repaired, cleansed and rededicated the Temple to the service of G-d. But all the Temple's oil had been defiled by the pagan invaders; when the Jews sought to light the Temple's menorah (candelabra), they found only one small cruse of ritually pure olive oil. Miraculously, the one-day supply burned for eight days, until new, pure oil could be obtained. In commemoration, the Sages instituted the 8-day festival of Chanukah, on which lights are kindled nightly to recall and publicize the miracle.
Link: The Story of Chanukah
R. Chizkiah Medini (1904)
Kislev 25 is the yahrtzeit (date of passing) of Rabbi Chaim Chizkiah Medini (1832-1904), author of the Halachic encyclopedia Sdei Chemed.
DAILY QUOTE:
Doesn't this happen to us all the time? We get angry -- at a stranger, at a friend, at a loved one -- only to later discover that we were never truly angry at them, but at the person we thought they were...[The Chassidic Masters]
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:Cain Kills Abel (3720 BCE)
The first murder of history occurred on the 25th of Kislev in the year 41 from creation (3720 BCE), when Adam and Eve's eldest son, Cain, killed his younger brother, Abel, as recounted in the 4th chapter of Genesis.
Link: From the Midrash
Mishkan completed (1312 BCE)
The vessels, tapestries, wall sections and other components of the Mishkan (the portable sanctuary or "Tabernacle" built under Moses' direction to house the Divine Presence during the Israelites' journeys through the desert) were completed on the 25th of Kislev in the year 2449 from creation (1312 BCE). The Mishkan was not assembled, however, until 3 months later, when, beginning on Adar 25 of that year, it was erected and taken down daily for a 7-day "training" period prior to its dedication on the 1st of Nissan. Our Sages tell us that the day of Kislev 25 was compensated 12 centuries later, when the Maccabees dedicated the Holy Temple on Kislev 25, 3622 (139 BCE -- see below).
Links: The Mishkan described in the Torah and commentaries; from the Chassidic masters on the Mishkan
Chanukah Miracle (139 BCE)
On the 25th of Kislev in the year 3622 from creation, the Maccabees liberated the Holy Temple in Jerusalem, after defeating the vastly more numerous and powerful armies of the Syrian-Greek king Antiochus IV, who had tried to forcefully uproot the beliefs and practices of Judaism from the people of Israel. The victorious Jews repaired, cleansed and rededicated the Temple to the service of G-d. But all the Temple's oil had been defiled by the pagan invaders; when the Jews sought to light the Temple's menorah (candelabra), they found only one small cruse of ritually pure olive oil. Miraculously, the one-day supply burned for eight days, until new, pure oil could be obtained. In commemoration, the Sages instituted the 8-day festival of Chanukah, on which lights are kindled nightly to recall and publicize the miracle.
Link: The Story of Chanukah
R. Chizkiah Medini (1904)
Kislev 25 is the yahrtzeit (date of passing) of Rabbi Chaim Chizkiah Medini (1832-1904), author of the Halachic encyclopedia Sdei Chemed.
DAILY QUOTE:
Doesn't this happen to us all the time? We get angry -- at a stranger, at a friend, at a loved one -- only to later discover that we were never truly angry at them, but at the person we thought they were...[The Chassidic Masters]
DAILY STUDY:
Chumash: Parshat Mikeitz, 4th Portion (Genesis 41:53-42:18) with Rashi
• Chapter 41
53. And the seven years of plenty that were in the land of Egypt were finished. נג. וַתִּכְלֶינָה שֶׁבַע שְׁנֵי הַשָּׂבָע אֲשֶׁר הָיָה בְּאֶרֶץ מִצְרָיִם:
54. And the seven years of famine began, as Joseph had said, and there was famine in all the lands, but throughout the land of Egypt there was bread. נד. וַתְּחִלֶּינָה שֶׁבַע שְׁנֵי הָרָעָב לָבוֹא כַּאֲשֶׁר אָמַר יוֹסֵף וַיְהִי רָעָב בְּכָל הָאֲרָצוֹת וּבְכָל אֶרֶץ מִצְרַיִם הָיָה לָחֶם:
55. When the entire land of Egypt hungered, the people cried out to Pharaoh for bread, but Pharaoh said to all the Egyptians, "Go to Joseph; what he tells you, do." נה. וַתִּרְעַב כָּל אֶרֶץ מִצְרַיִם וַיִּצְעַק הָעָם אֶל פַּרְעֹה לַלָּחֶם וַיֹּאמֶר פַּרְעֹה לְכָל מִצְרַיִם לְכוּ אֶל יוֹסֵף אֲשֶׁר יֹאמַר לָכֶם תַּעֲשׂוּ:
When the entire land of Egypt hungered: For their grain, which they had stored, had decayed, except that of Joseph. — [from Mid. Tanchuma Mikeitz 7]
ותרעב כל ארץ מצרים: שהרקיבה תבואתם שאצרו חוץ משל יוסף:
what he tells you, do: Since Joseph had ordered them to circumcise themselves, and when they came to Pharaoh and said, “This is what he said to us,” he (Pharaoh) said to them, “Why didn’t you gather grain? Didn’t he announce to you that years of famine were coming?” They replied, “We gathered much, but it rotted.” He (Pharaoh) replied,“If so, do whatever he tells you. He issued a decree upon the grain, and it rotted. What if he issues a decree upon us and we die?” - [from Mid. Tanchuma Mikeitz 7, Gen. Rabbah 91:5]
אשר יאמר לכם תעשו: לפי שהיה יוסף אומר להם שימולו, וכשבאו אצל פרעה ואומרים כך הוא אומר לנו, אמר להם למה לא צברתם בר, והלא הכריז לכם ששני הרעב באים, אמרו לו אספנו הרבה והרקיבה, אמר להם אם כן כל אשר יאמר לכם תעשו, הרי גזר על התבואה והרקיבה, מה אם יגזור עלינו ונמות:
56. Now the famine spread over all the face of the land, and Joseph opened all [the storehouses] in which there was [grain], and he sold [it] to the Egyptians, and the famine intensified in the land of Egypt. נו. וְהָרָעָב הָיָה עַל כָּל פְּנֵי הָאָרֶץ וַיִּפְתַּח יוֹסֵף אֶת כָּל אֲשֶׁר בָּהֶם וַיִּשְׁבֹּר לְמִצְרַיִם וַיֶּחֱזַק הָרָעָב בְּאֶרֶץ מִצְרָיִם:
Now the famine spread over all the face of the land: Heb. פְּנֵי הָאָרֶץ. Who are the face of the land? These are the rich. — [from Gen. Rabbah 91:5]
על כל פני הארץ: מי הם פני הארץ, אלו העשירים:
all [the storehouses] in which there was: As the Targum renders: in which there was grain.
את כל אשר בהם: כתרגומו די בהון עיבורא:
and he sold [it] to the Egyptians: Heb. וַיִשְׁבֹּר לְמִצְרַיִם. The word שֶׁבֶר is [sometimes] an expression of selling and [sometimes] an expression of buying. Here it is used as an expression of selling. [In the verse]“Return, buy (שִׁבְרוּ) us a little food” (Gen. 43:2), it is an expression of buying. Do not say that it applies only to grain, for also with wine and milk we find:“and go buy (שִׁבְרוּ) without money and without a price, wine and milk” (Isa. 55:1).
וישבור למצרים: שבר לשון מכר ולשון קנין הוא, כאן משמש לשון מכר, (להלן מג ב) שברו לנו מעט אוכל, לשון קנין. ואל תאמר אינו כי אם בתבואה, שאף ביין וחלב מצינו (ישעיה נה א) ולכו שברו בלא כסף ובלא מחיר יין וחלב:
57. And all [the inhabitants of] the land came to Egypt to Joseph to purchase, for the famine had intensified in the entire land. נז. וְכָל הָאָרֶץ בָּאוּ מִצְרַיְמָה לִשְׁבֹּר אֶל יוֹסֵף כִּי חָזַק הָרָעָב בְּכָל הָאָרֶץ:
And all [the inhabitants of] the land came to Egypt: to Joseph to purchase, but if you interpret it (this verse) according to its sequence, it should have been written:“to purchase from (מִן) Joseph.”
וכל הארץ באו מצרימה לשבור אל יוסף: (סרסהו ופרשהו וכל הארץ באו מצרים אל יוסף). אם תפרשהו כסדרו היה צריך לכתוב לשבור מן יוסף:
Chapter 42
1. Jacob saw that there was grain being sold in Egypt; so Jacob said to his sons, "Why do you appear satiated?" א. וַיַּרְא יַעֲקֹב כִּי יֶשׁ שֶׁבֶר בְּמִצְרָיִם וַיֹּאמֶר יַעֲקֹב לְבָנָיו לָמָּה תִּתְרָאוּ:
Jacob saw that there was grain being sold in Egypt: From where did he see it? Is it not true that he did not see it, only that he heard of it, as it is said: “Behold, I have heard, etc.” (verse 2) ? What then is the meaning of “saw” ? He saw with the divine “mirror” that he still had hope (שֶׂבֶר) in Egypt, but it was not a real prophecy to explicitly inform him that this was Joseph. — [from Gen. Rabbah 91:6]
וירא יעקב כי יש שבר במצרים: ומהיכן ראה, והלא לא ראה אלא שמע, שנאמר (להלן מב ב) הנה שמעתי וגו', ומהו וירא, ראה באספקלריא של קדש שעדיין יש לו שבר במצרים. ולא היתה נבואה ממש להודיעו בפירוש שזה יוסף:
Why do you appear satiated?“: Heb. לָמָה תִּתְרָאוּ. Why do you show yourselves before the sons of Ishmael and the sons of Esau as if you are satiated? For at that time they still had grain (Ta’anith 10b). (And it appears to me that it should be explained according to its simple meaning: לָמָה תִּתְרָאוּ -Why should everyone stare at you and wonder at you that you are not seeking food for yourselves before what you have in your hands is depleted.) From others I heard that it (תִּתְרָאוּ) is an expression of emaciation. [Thus:] Why should you become emaciated because of the famine? Similar to this is”And he who emaciates [others] (וּמַרְוֶה) -he too will become emaciated (יוֹרֶא)" (Prov. 11:25)
למה תתראו: למה תראו עצמכם בפני בני ישמעאל ובני עשו כאלו אתם שבעים, שבאותה שעה עדיין היה להם תבואה. [ולי נראה פשוטו למה תתראו, למה יהיו הכל מסתכלין בכם ומתמיהים בכם שאין אתם מבקשים לכם אוכל בטרם שיכלה מה שבידכם]. ומפי אחרים שמעתי שהוא לשון כחישה, למה תהיו כחושים ברעב. ודומה לו (משלי יא כה) ומרוה גם הוא יורה:
2. And he said, "Behold, I have heard that there is grain being sold in Egypt. Go down there and buy us [some] from there, so that we will live and not die." ב. וַיֹּאמֶר הִנֵּה שָׁמַעְתִּי כִּי יֶשׁ שֶׁבֶר בְּמִצְרָיִם רְדוּ שָׁמָּה וְשִׁבְרוּ לָנוּ מִשָּׁם וְנִחְיֶה וְלֹא נָמוּת:
Go down there: Heb. רְדוּ. But he did not say,“Go (לְכוּ).” He alluded to the 210 years that they were enslaved in Egypt, according to the numerical value of רְדוּ. — [from Gen Rabbah 91:2, Tan. Mikeitz 8]
רדו שמה: ולא אמר לכו, רמז למאתים ועשר שנים שנשתעבדו למצרים, כמנין רד"ו:
3. So Joseph's ten brothers went down to buy grain from Egypt. ג. וַיֵּרְדוּ אֲחֵי יוֹסֵף עֲשָׂרָה לִשְׁבֹּר בָּר מִמִּצְרָיִם:
So Joseph’s…brothers went down: But Scripture did not write “the sons of Jacob.” This teaches that they regretted selling him and decided to behave toward him in a brotherly manner and to ransom him for whatever amount of money would be demanded of them. — [from Gen. Rabbah 91:6, Tan. Mikeitz 8]
וירדו אחי יוסף: ולא כתב בני יעקב, מלמד שהיו מתחרטים במכירתו ונתנו לבם להתנהג עמו באחוה ולפדותו בכל ממון שיפסקו עליהם:
ten: Why is this written? Is it not written, (verse 4)“But Joseph’s brother, Benjamin, Jacob did not send” ? [It is therefore obvious that they were only ten.] But [this is what it means:] concerning brotherhood, they were divided into ten, for neither the love they all had for him (Joseph) nor the hate they all had for him was equal, [hence, in the attitude of brotherhood, they were divided into ten.] As concerning buying grain, they all were of one accord (lit., one heart). - [from Gen. Rabbah 91:2]
עשרה: מה תלמוד לומר, והלא כתיב (פסוק ד) ואת בנימין אחי יוסף לא שלח, אלא לענין האחוה היו חלוקין לעשרה, שלא היתה אהבת כולם ושנאת כולם שוה לו, אבל לענין לשבור בר כולם לב אחד להם:
4. But Joseph's brother, Benjamin, Jacob did not send with his brothers, because, he said, "Lest misfortune befall him." ד. וְאֶת בִּנְיָמִין אֲחִי יוֹסֵף לֹא שָׁלַח יַעֲקֹב אֶת אֶחָיו כִּי אָמַר פֶּן יִקְרָאֶנּוּ אָסוֹן:
“Lest misfortune befall him.”: And at home, could not misfortune befall him? Rabbi Eliezer ben Ya’akov said: From here [we learn] that Satan accuses [a person] at the time of danger. — [from Gen. Rabbah 91:9]
פן יקראנו אסון: ובבית לא יקראנו אסון, אמר רבי אליעזר בן יעקב מכאן שהשטן מקטרג בשעת הסכנה:
5. So the sons of Israel came to purchase among those who came, for the famine was in the land of Canaan. ה. וַיָּבֹאוּ בְּנֵי יִשְׂרָאֵל לִשְׁבֹּר בְּתוֹךְ הַבָּאִים כִּי הָיָה הָרָעָב בְּאֶרֶץ כְּנָעַן:
among those who came: They hid themselves [in the crowd] so that they would not be recognized, because their father had commanded them not to all appear at one entrance, but for each to enter through his own entrance, so that the evil eye would have no power over them, for they were all handsome and strong [and thus would be envied]. — [from Tan. Mikeitz 8, Gen. Rabbah 91:6]
בתוך הבאים: מטמינין עצמן שלא יכירום, לפי שצוה להם אביהם שלא יתראו כולם בפתח אחד אלא שיכנס כל אחד בפתחו, כדי שלא תשלוט בהם עין הרע שכולם נאים וכולם גבורים:
6. Now Joseph was the ruler over the land; it was he who sold grain to the entire populace of the land, and Joseph's brothers came and prostrated themselves to him, with their faces to the ground. ו. וְיוֹסֵף הוּא הַשַּׁלִּיט עַל הָאָרֶץ הוּא הַמַּשְׁבִּיר לְכָל עַם הָאָרֶץ וַיָּבֹאוּ אֲחֵי יוֹסֵף וַיִּשְׁתַּחֲווּ לוֹ אַפַּיִם אָרְצָה:
and prostrated themselves to him, with their faces to the ground: Heb. וַיִשְׁתַּחִווּ. They prostrated themselves to him on their faces, and so every [expression of] הִשְׁתַּחִוָאָה means spreading out hands and feet. — [from Shev. 16b]
וישתחוו לו אפים: נשתטחו לו על פניהם, וכן כל השתחואה פשוט ידים ורגלים הוא:
7. And Joseph saw his brothers, and he recognized them, but he made himself a stranger to them, and he spoke to them harshly, and he said to them, "Where do you come from?" And they said, "From the land of Canaan to purchase food." ז. וַיַּרְא יוֹסֵף אֶת אֶחָיו וַיַּכִּרֵם וַיִּתְנַכֵּר אֲלֵיהֶם וַיְדַבֵּר אִתָּם קָשׁוֹת וַיֹּאמֶר אֲלֵהֶם מֵאַיִן בָּאתֶם וַיֹּאמְרוּ מֵאֶרֶץ כְּנַעַן לִשְׁבָּר אֹכֶל:
but he made himself a stranger: He behaved toward them like a stranger verbally, by speaking harshly. — [from Gen. Rabbah 91:6, Tan. Mikeitz 8]
ויתנכר אליהם: נעשה להם כנכרי בדברים, לדבר קשות:
8. Now Joseph recognized his brothers, but they did not recognize him. ח. וַיַּכֵּר יוֹסֵף אֶת אֶחָיו וְהֵם לֹא הִכִּרֻהוּ:
Now Joseph recognized, etc.: Because he had left them [when they were already] full-bearded. — [from Yeb. 88a, Keth. 27b, B.M. 39b, Gen. Rabbah 91:7, Targum Jonathan]
ויכר יוסף וגו': לפי שהניחם חתומי זקן:
but they did not recognize him: Because when he left them, he was not full-bearded, and now they found him full-bearded. The Aggadic Midrash states:“And Joseph recognized his brothers” -when they were delivered into his hands, he recognized that they were his brothers, and he had compassion on them. But they did not recognize him when he fell into their hands, to behave toward him with brotherhood. — [from Yeb. 88a, Keth. 27b, B.M. 39b, Gen. Rabbah 91:7, Targum Jonathan]
והם לא הכרהו: שיצא מאצלם בלא חתימת זקן, ועכשיו בא בחתימת זקן. ומדרש אגדה ויכר יוסף את אחיו כשנמסרו בידו הכיר שהם אחיו ורחם עליהם, והם לא הכירוהו כשנפל בידם לנהוג בו אחוה:
9. And Joseph remembered the dreams that he had dreamed about them, and he said to them, "You are spies; you have come to see the nakedness of the land." ט. וַיִּזְכֹּר יוֹסֵף אֵת הַחֲלֹמוֹת אֲשֶׁר חָלַם לָהֶם וַיֹּאמֶר אֲלֵהֶם מְרַגְּלִים אַתֶּם לִרְאוֹת אֶת עֶרְוַת הָאָרֶץ בָּאתֶם:
that he had dreamed about them: Heb. לָהֶם, lit., to them, [but here it means] about them (Targum Jonathan). He knew that they (his dreams) had been fulfilled, for they (his brothers) had prostrated themselves to him. — [from Zohar, vol. 1, p. 199b]
אשר חלם להם: עליהם, וידע שנתקיימו, שהרי השתחוו לו:
the nakedness of the land: Heb. עֶרְוַת הָאָרֶץ, the exposure of the land, from where it can be easily conquered, similar to“he exposed (הֶעֱרָה) her fountain” (Lev. 20:18), and like“naked and bare (וְעֶרְיָה)” (Ezek. 16:7), and likewise, every [expression of] עֶרְוָה in the Scriptures is an expression of exposure. Onkelos, [however,] rendered: בִּדְקָא דְּאַרְעָא, as equivalent to הַבָּיִת בֶּדֶק (II Kings 12:6),“ the weakness of the house,” but he was not precise in explaining it according to the language of the verse.
ערות הארץ: גלוי הארץ, מהיכן היא נוחה ליכבש, כמו (ויקרא כ יח) את מקורה הערה, וכמו (יחזקאל טז ז) ערום ועריה. וכן כל ערוה שבמקרא לשון גילוי. ותרגום אונקלוס בדקא דארעא, כמו (מלכים ב' יב ו) בדק הבית, רעוע הבית, אבל לא דקדק לפרשו אחר לשון המקרא:
10. And they said to him, "No, my master, your servants have come to buy food. י. וַיֹּאמְרוּ אֵלָיו לֹא אֲדֹנִי וַעֲבָדֶיךָ בָּאוּ לִשְׁבָּר אֹכֶל:
No, my master: Do not say that, but your servants have come to buy food.
לא א-דני: לא תאמר כן, שהרי עבדיך באו לשבר אוכל:
11. We are all sons of one man. We are honest. Your servants were never spies." יא. כֻּלָּנוּ בְּנֵי אִישׁ אֶחָד נָחְנוּ כֵּנִים אֲנַחְנוּ לֹא הָיוּ עֲבָדֶיךָ מְרַגְּלִים:
We are all sons of one man: The Holy Spirit flickered within them, and they included him with them, for he too was the son of their father. — [from Gen. Rabbah 91:7]
כלנו בני איש אחד נחנו: נצנצה בהם רוח הקדש וכללוהו עמהם שאף הוא בן אביהם:
honest: Heb. כֵּנִים, truthful, like“You have spoken truthfully (כֵּן)” (Exod. 10: 29);“the daughters of Zelophehad speak truthfully (כֵּן)” (Num. 27:7);“[their haughtiness] and their conception are improper (לֹא כֵן) , [as are] their branches” (Isa. 16:6). - [from Targum Onkelos]
כנים: אמתיים, כמו (שמות י כט) כן דברת, (במדבר כז ז) כן בנות צלפחד דוברות, (ישעיה טז ו) ועברתו לא כן בדיו:
12. But he said to them, "No! But you have come to see the nakedness of the land." יב. וַיֹּאמֶר אֲלֵהֶם לֹא כִּי עֶרְוַת הָאָרֶץ בָּאתֶם לִרְאוֹת:
But you have come to see the nakedness of the land: For you have entered by way of the ten gates of the city. Why did you not enter [together] through one gate?- [from Gen. Rabbah 91:7; Tan. Buber, Mikeitz 17]
כי ערות הארץ באתם לראות: שהרי נכנסתם בעשרה שערי העיר, למה לא נכנסתם בשער אחד:
13. And they said, "We, your servants, are twelve brothers, the sons of one man in the land of Canaan, and behold, the youngest is with our father today, and one is gone." יג. וַיֹּאמְרוּ שְׁנֵים עָשָׂר עֲבָדֶיךָ אַחִים | אֲנַחְנוּ בְּנֵי אִישׁ אֶחָד בְּאֶרֶץ כְּנָעַן וְהִנֵּה הַקָּטֹן אֶת אָבִינוּ הַיּוֹם וְהָאֶחָד אֵינֶנּוּ:
And they said, “We, your servants…”: And for that one who is gone, we scattered in the city to seek him. — [from Tan. Buber, Mikeitz 17]
ויאמרו שנים עשר עבדיך וגו': ובשביל אותו אחד שאיננו נתפזרנו בעיר לבקשו:
14. And Joseph said to them, "This is just what I have spoken to you, saying, 'You are spies.' יד. וַיֹּאמֶר אֲלֵהֶם יוֹסֵף הוּא אֲשֶׁר דִּבַּרְתִּי אֲלֵכֶם לֵאמֹר מְרַגְּלִים אַתֶּם:
This is just what I have spoken: The thing that I have spoken, namely, that you are spies, is true and correct. This is according to its simple interpretation. Its midrashic interpretation is, however: He said to them, “And if you find him (Joseph), and they (his owners) demand a large ransom from you, will you ransom him?” “Yes,” they replied. He said to them, “And if they say that they will not return him for any money, what will you do?” They said, “For this we have come, to kill or be killed.” He said to them,“That is [exactly] what I said to you; you have come to slay the people of the city. I divine with my cup that two of you destroyed the large city of Shechem.” - [from Gen. Rabbah 91:7, Tan. Mikeitz 8]
הוא אשר דברתי: הדבר אשר דברתי שאתם מרגלים הוא האמת והנכון, זהו לפי פשוטו. ומדרשו אמר להם ואלו מצאתם אותו ויפסקו עליכם ממון הרבה תפדוהו. אמרו לו הן. אמר להם ואם יאמרו לכם שלא יחזירוהו בשום ממון מה תעשו. אמרו לו לכך באנו, להרוג או ליהרג, אמר להם הוא אשר דברתי אליכם להרוג בני העיר באתם, מנחש אני בגביע שלי ששנים מכם החריבו כרך גדול של שכם:
15. With this you shall be tested: By Pharaoh's life, you shall not leave this place unless your youngest brother comes here. טו. בְּזֹאת תִּבָּחֵנוּ חֵי פַרְעֹה אִם תֵּצְאוּ מִזֶּה כִּי אִם בְּבוֹא אֲחִיכֶם הַקָּטֹן הֵנָּה:
By Pharaoh’s life: If Pharaoh will live. When he swore falsely, he swore by Pharaoh’s life. — [from Gen. Rabbah 91:7, Tan. Buber, Mikeitz 17]
חי פרעה: אם יחיה פרעה. שהיה נשבע לשקר, היה נשבע בחיי פרעה:
you shall not leave this place: Heb. מִזֶה, lit., from this, from this place. — [from Targum Onkelos]
אם תצאו מזה: מן המקום הזה:
16. Send one of you and let him fetch your brother, and you will be imprisoned so that your words will be tested whether truth is with you, and if not, as Pharaoh lives, you are spies!" טז. שִׁלְחוּ מִכֶּם אֶחָד וְיִקַּח אֶת אֲחִיכֶם וְאַתֶּם הֵאָסְרוּ וְיִבָּחֲנוּ דִּבְרֵיכֶם הַאֱמֶת אִתְּכֶם וְאִם לֹא חֵי פַרְעֹה כִּי מְרַגְּלִים אַתֶּם:
whether truth is with you: Heb. הַאמֶת, if the truth is with you. The “hey” is vowelized with a“pattach,” which is equivalent to an expression of wonderment. — [from Targum Onkelos]. And if you do not bring him, [I swear] by Pharaoh’s life, that you are spies.
האמת אתכם: אם אמת אתכם. לפיכך ה"א נקוד פתח שהוא כמו בלשון תימה. ואם לא תביאוהו, חי פרעה כי מרגלים אתם:
17. And he put them in prison for three days. יז. וַיֶּאֱסֹף אֹתָם אֶל מִשְׁמָר שְׁלשֶׁת יָמִים:
prison: Heb. מִשְׁמָר, lit., watch, [meaning] the prison. — [from Targum Onkelos]
משמר: בית האסורים:
18. On the third day, Joseph said to them: "Do this and live I fear God. יח. וַיֹּאמֶר אֲלֵהֶם יוֹסֵף בַּיּוֹם הַשְּׁלִישִׁי זֹאת עֲשׂוּ וִחְיוּ אֶת הָאֱלֹהִים אֲנִי יָרֵא:
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Daily Tehillim: Psalms Chapter 119, Verses 1-96
• Verses 1-96
David composed this prominent psalm in alphabetical sequence-eight verses for each letter. Every verse contains one of the following words (referring to different aspects of Torah): Way; Torah; Testimony; Precept; Commandment; Statement (translated here as Word or Promise); Word; Judgement (or Laws); Righteousness; Statute. Replete with morals and prayers, this psalm should be recited daily, as a powerful preparation for the service of God. (In verses beginning with one of the letters of the mnemonic PeReTZ BeN DaMaH, the word "עדותיך" is pronounced "eidvotecha.")
1. Fortunate are those whose way is artless, who walk with the Torah of the Lord.
2. Fortunate are those who keep His testimonies, who seek Him with all their hearts.
3. Indeed, they have not done iniquity; they walk in His ways.
4. You have commanded Your precepts to be observed diligently.
5. My wish is that my ways be directed to keep Your statutes.
6. Then I will not be ashamed, when I behold all Your commandments.
7. I will give thanks to You with uprightness of heart, when I learn Your righteous judgments.
8. I will keep Your statutes; do not utterly forsake me
9. How can a young man keep his way pure? By observing Your word.
10. With all my heart I have sought You; do not let me stray from Your commandments.
11. I have harbored Your word in my heart, that I might not sin against You.
12. Blessed are You, O Lord; teach me Your statutes.
13. With my lips I have declared all the judgments of Your mouth.
14. I have rejoiced in the way of Your testimonies, as I would with all riches.
15. I will speak of Your precepts, and gaze upon Your ways.
16. I will delight in Your statutes; I will not forget Your word.
17. Deal kindly with Your servant, that I may live to keep Your word.
18. Unveil my eyes, that I may behold wonders from Your Torah.
19. I am a sojourner on earth; do not hide Your commandments from me.
20. My soul is crushed with a longing for Your judgments every moment.
21. You have rebuked the accursed scoffers, those who stray from Your commandments.
22. Remove insult and contempt from me, for I have kept Your testimonies.
23. Though princes sat and spoke against me, Your servant speaks of Your statutes.
24. Indeed, Your testimonies are my delight; they are my counsellors.
25. My soul cleaves to the dust; revive me in accordance with Your word.
26. I have spoken of my ways, and You answered me; teach me Your statutes.
27. Make me understand the way of Your precepts, and I will speak of Your wonders.
28. My soul drips away out of grief; sustain me according to Your word.
29. Remove from me the way of falsehood, and graciously endow me with Your Torah.
30. I have chosen the way of faith; Your judgments have I laid before me.
31. I held fast to Your testimonies, O Lord; put me not to shame.
32. I will run on the path of Your commandments, for You will broaden my heart.
33. Teach me, O Lord, the way of Your statutes, and I will keep it to the last.
34. Grant me understanding and I will keep Your Torah; I will observe it with all my heart.
35. Direct me in the path of Your commandments, for that is my desire.
36. Incline my heart to Your testimonies, and not to greed.
37. Avert my eyes from seeing vanity; by Your ways give me life.
38. Fulfill for Your servant Your promise, which brings to the fear of You.
39. Remove my shame which I fear, for Your judgments are good.
40. Behold, I have longed for Your precepts; give me life in Your righteousness.
41. And let Your kindness come to fruition for me, O Lord, Your salvation as You promised.
42. I will offer a retort to those who taunt me, for I trust in Your word.
43. Do not at all remove the word of truth from my mouth, for I hope [to fulfill] Your judgments.
44. I will keep Your Torah continually, for ever and ever.
45. And I will walk in spacious paths, for I seek Your precepts.
46. I will speak of Your testimonies before kings, and I will not be ashamed.
47. And I will delight in Your commandments, which I love.
48. I will lift up my hands to Your commandments, which I love, and I will speak of Your statutes.
49. Remember the word [promised] to Your servant, by which You gave me hope.
50. This is my comfort in my affliction, for Your word has given me life.
51. [Though] the wicked ridicule me severely, I have not strayed from Your Torah.
52. When I remember Your judgments of old, O Lord, I take comfort.
53. Trembling seized me because of the wicked, those who forsake Your Torah.
54. Your statutes have been my songs in the house of my wanderings.
55. At night I remembered Your Name, O Lord, and I kept Your Torah.
56. All this came to me because I kept Your precepts.
57. The Lord is my portion; I pledged to keep Your words.
58. I pleaded before You with all my heart: have compassion upon me according to Your word.
59. I contemplated my ways, and returned my feet to Your testimonies.
60. I hurried and did not delay to keep Your commandments.
61. Bands of wicked men plundered me, [but] I did not forget Your Torah.
62. At midnight, I rise to thank You for Your righteous judgments.
63. I am a friend to all who fear You, and to those who keep Your precepts.
64. Your kindness, O Lord, fills the earth; teach me Your statutes.
65. You have dealt goodness to Your servant, O Lord, in accord with Your promise.
66. Teach me the goodness and wisdom of the [Torah's] reasons, for I believe in Your commandments.
67. Before I afflicted myself, I would blunder; but now I observe Your word.
68. You are good and benevolent; teach me Your statutes.
69. The wicked have smeared me with lies, [when in truth] I keep Your precepts with all my heart.
70. Their hearts grew thick as fat; but as for me, Your Torah is my delight.
71. It is for my good that I was afflicted, so that I might learn Your statutes.
72. The Torah of Your mouth is better for me than thousands in gold and silver.
73. Your hands have made me and prepared me; grant me understanding, that I may learn Your commandments.
74. Those who fear You will see me and rejoice, because I hoped in Your word.
75. I know, O Lord, that Your judgments are just; righteously have You afflicted me.
76. Let Your kindness be my comfort, as You promised to Your servant.
77. Let Your mercies come upon me, that I may live, for Your Torah is my delight.
78. Let the scoffers be shamed, for they have maligned me with falsehood; but I will meditate upon Your precepts.
79. May those who fear You return to me, and those who know Your testimonies.
80. May my heart be perfect in Your statutes, so that I not be shamed.
81. My soul longs for Your salvation; I hope for Your word.
82. My eyes long for Your promise, saying, "When will You comfort me?”
83. Though I became [dried out] like a wineskin in smoke, I did not forget Your statutes.
84. How many are the days of Your servant? When will You execute judgment upon my pursuers?
85. The wicked have dug pits for me, in violation of Your Torah.
86. All Your commandments teach truth, [yet] they pursue me with lies, help me!
87. They nearly consumed me upon the earth, but I did not forsake Your precepts.
88. As befits Your kindness, grant me life, and I will keep the testimony of Your mouth.
89. Forever, O Lord, Your word stands firm in the heavens.
90. Your faithfulness persists for all generations; You established the earth, and it stands.
91. They stand ready today [to execute] Your judgments, for all are Your servants.
92. Had Your Torah not been my delight, I would have perished in my affliction.
93. Never will I forget Your precepts, for through them You have sustained me.
94. I am Yours; save me, for I have sought Your precepts.
95. The wicked hope to destroy me, but I meditate upon Your testimonies.
96. To every goal I have seen a limit, but Your commandment is immensely broad.
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Tanya: Likutei Amarim, beginning of Chapter 3
• Lessons in Tanya
• Today's Tanya Lesson
Wednesday, 25 Kislev, 5775 • 17 December 2014
Likutei Amarim, beginning of Chapter 3
והנה כל בחינה ומדריגה משלש אלו, נפש רוח ונשמה, כלולה מעשר בחינות
Now, each of these three distinctions and grades — Nefesh, Ruach and Neshamah — consists of ten faculties1
כנגד עשר ספירות עליונות שנשתלשלו מהן
corresponding to the Ten Supernal Sefirot (divine manifestations,2 in which they originate and whence they descend.
הנחלקות לשתים
The Ten Sefirot are subdivided into two general categories.
שהן שלש אמות ושבע כפולות
These two categories are: three “mothers”, i.e., three of these Sefirot are termed “mothers” for they are the source and root of the other seven Sefirot, as a mother is the source of her offspring, and seven “doubles” — the seven divine attributes, called “doubles” inasmuch as each of the emotional attributes manifests itself in a twofold manner, as shall presently be explained.
פירוש: חכמה בינה ודעת, ושבעת ימי הבנין: חסד גבורה תפארת כו׳
Namely: Chochmah (“wisdom”), Binah (“understanding”) and Daat (“knowledge”) are called “mothers”; and the seven “doubles” are [the emotional attributes known as] the “seven days of Creation”: Chesed (“kindness”), Gevurah (“severity”), Tiferet (“beauty”), and so on, the other four being: Netzach (“endurance”), Hod (“splendor”), Yesod (“foundation”), and Malchut (“royalty”).
These seven attributes are known as the “seven days of Creation,” for it was through these seven attributes that G-d created the world. Each day’s creation came about through a particular attribute: during the first day Chesed was dominant, the second day Gevurah, and so on.
וכך בנפש האדם שנחלקת לשתים — שכל ומדות
Just as the Ten Supernal Sefirot are divided into two general categories, so, too, with the human soul [and its ten faculties]; they are divided into two general categories: seichel (“intellect”) and middot (“emotional attributes”).
השכל כולל חכמה בינה ודעת, והמדות הן אהבת ה׳ ופחדו ויראתו ולפארו כו׳
The [category of] intellect includes the three all-inclusive intellectual powers Chochmah, Binah and Daat (ChaBaD), whilst the middot, which bear the same names as their corresponding seven Sefirot: Chesed, Gevurah, etc., represent the following emotions: love of G-d, dread and awe of Him, glorification of Him, and so forth.
Love corresponds to Chesed (“kindness”), as they are, respectively, the internal (i.e., emotional) and external (i.e., practical) aspects of the same trait; the dread and awe of G-d correspond to Gevurah, as they are its inner aspect; so too the glorification of Him corresponds to Tiferet.
וחב״ד נקראו אמות ומקור למדות כי המדות הן תולדות חב״ד
ChaBaD (the intellectual faculties) are called the “mothers” and source of the middot, for the middot are “offspring” of (i.e., derive from) ChaBaD.
At this point it would be worthwhile to explain briefly the function of the faculties Chochmah, Binah and Daat (abbreviated as ChaBaD), mentioned frequently in the coming chapters.
Chochmah is the first flash of intellect. It is the seminal and inner point of an idea. This seminal point of intellect already includes within it all the details and ramifications of the idea, but as yet they are concentrated and obscured. (This is analogous to a dot, in which the dimensions of length and breadth are not evident — all that is seen is the dot — although for the dot to exist it must certainly contain length and breadth.)
Chochmah is also called barak hamavrik — the intuitive flash of illumination which is the beginning of intellectual revelation. For instance, we may observe how a person striving to answer an intellectual question suddenly realizes in a flash of intuition that the question can be answered along a particular line of reasoning. At the moment of illumination he is as yet unaware exactly how the particular question is answered: he knows only that he has found an adequate solution to the problem.
Thereafter the faculty of Binah (“understanding”) comes into play. Through cogitation, Binah apprehends, crystallizes and clarifies the details of the idea which were obscured in Chochmah, until the whole edifice of the idea, in all its length and breadth, becomes manifest. For this reason the function of Binah is described as meivin davar mitoch davar — “to understand (or deduce) one matter out of another” — i.e., that which was previously concentrated in the obscure intuitive flash of Chochmah is now revealed and understood.
After the person fully understands the idea with all its details and ramifications, he must then immerse himself in it, binding and unifying himself with it to the extent that he not only understands it but also feels it. Only in this way can he be affected by the idea; if his understanding points to the desirability of a particular thing, it will give birth to a love for it; if his understanding indicates instead the harmfulness of a particular thing, he will react with a feeling of fear and flee from it; and similarly with other emotions. The faculty with which one thus immerses himself in an idea is called Daat (“knowledge”), which is etymologically related to the expression,3 “and Adam knew (ידע) Eve,” a verb which denotes attachment and union. We now return to the text:
וביאור הענין: כי הנה השכל שבנפש המשכלת, שהוא המשכיל כל דבר
The explanation of the matter (i.e., of the three intellectual processes described above — inspiration, cogitation, and contemplation) is as follows: that intellectual faculty of the rational soul that first conceives any matter (i.e., the faculty which produces the seminal point of an idea and the first flash of illumination, as explained above)
נקרא בשם חכמה — כ״ח מ״ה
is given the appellation of Chochmah [which is composed of the two words] כח מה — the potential of “what is.”4
It is a faculty concerning which one can only pose the question “Mah?” (“What is it?”) — for at this stage the idea in question is not yet clear or comprehensible logically, since its details are still in potentia, emerging only at a later stage.
וכשמוציא כחו אל הפועל, שמתבונן בשכלו להבין דבר לאשורו
When one brings forth this concentrated idea from the potential into the actual, that is, when one cogitates with his intellect on the seminal point in order to understand a matter full well —
That is: when he ponders all the details which make up the totality of the particular idea in its length and breadth. “Length” involves the range of an idea; when one draws down a concept from a lofty level to a lower one (by way of a parable, for example) in order to make it more readily understood, he is “lengthening” it, giving it a greater range of accessibility, so that it will be more readily intelligible to a student. For a student whose capacity is more limited, one parable may not suffice; it may be necessary to provide a second parable to explain the first, thereby “lengthening” the concept still further downward. (As Scripture writes concerning King Solomon:5 “He spoke three thousand parables.” So great was Solomon’s wisdom that to explain one of his thoughts he had to give three thousand parables; one parable to explain the basic concept, a second parable to explain the first parable, and so forth, until ultimately giving three thousand parables — an extreme example of the “length” of an idea.)
The “breadth” of an idea means the multitude of details which the concept comprises, as well as all its ramifications. For example, the logic behind a halachic ruling in the laws of kashrut may also apply to laws governing financial disputes.
This is the meaning of the word לאשורו (“full well”) — understanding the intellectual concept completely, in both its length and breadth.
ולעמקו
[Thus, when one cogitates on a concept in its length and breadth] and delves to its very depths
מתוך איזה דבר חכמה המושכל בשכלו
as it evolves from the concept which he had conceived in his intellect (i.e., when he apprehends in a detailed manner the seminal point of intellect, which prior to his cogitation was but a nebulous point of Chochmah),
נקרא בינה
this is called Binah. (Binah is that faculty which elucidates the details of any concept and apprehends it “full well” and “in depth.”)
והן הם אב ואם המולידות אהבת ה׳ ויראתו ופחדו
They (Chochmah and Binah) are the very “father” and “mother” which give birth to love of G-d, and awe (yirah) and dread (pachad) of Him.6
FOOTNOTES
1. Elsewhere (e.g., Likutei Torah, Bamidbar 1a, 51b; Shir HaShirim 16d) the Alter Rebbe makes it clear that the soul does not “consist” of the ten faculties, but rather manifests itself through them, since the soul itself is essentially indefinable and indivisible.
2. The Ten Sefirot are more fully discussed in Iggeret HaKodesh (Tanya, Part IV), ch. 15 and elsewhere.
3. Bereishit 4:1.
4. Zohar III, 28a; 34a.
5. I Melachim 5:12.
6. Yirah means an awe which is felt for the most part intellectually. Pachad denotes a dread which is felt emotionally, in one’s heart. This is why at the beginning of the chapter, where the emotions are enumerated and explained in a general way, pachad precedes yirah, for pachad — the feeling of dread in one’s heart — is a truer emotion that the intellectual yirah. Here, however, when dealing with the emotions as they are born from the intellect, yirah precedes pachad, for only after the emotion is first formed in the mind, at which stage it is yirah, does it then descend to the heart, as pachad.
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Rambam:
Daily Mitzvah Sefer Hamitzvot
Today's Mitzvah
Wednesday, 25 Kislev, 5775 • 17 December 2014
Daily Mitzvah Sefer Hamitzvot
Today's Mitzvah
Wednesday, 25 Kislev, 5775 • 17 December 2014
Principle 4
We do not include "encompassing" directives in the count. E.g. "And keep My covenant" (Exodus 12:5), or "Concerning all that I have said to you, you shall beware..." (ibid. 22:30), or "And you shall be a holy people to Me" (ibid. 23:23).
Verses that don't instruct us regarding a specific action, but regarding the imperative to observe all of the Torah's commandments, are not included in the 613.
Principle 5
The reason for a mitzvah is not counted on its own.
At times, the Torah tells us the reason for a command in language that could be understood as an independent precept—when in fact it is simply the rationale behind the words that precede it.
For example, "He shall not leave the Sanctuary, and he shall not desecrate the holy things of his G‑d" (Leviticus 21:12). Not desecrating the holy is not a commandment on its own, rather it is the reason why the Kohen may not leave the sanctuary. Or, "Her first husband, who had sent her away, may not take her again to be his wife...and you shall not bring sin to the land" (Deuteronomy 24:4). Here, too, "bringing sin to the land" is not an independent prohibition, but the reason why one may not remarry his divorced wife if she has remarried in the interim.
Principle 6
A mitzvah that has both negative and positive components is counted as two—one Positive Commandment and one Negative Commandment.
E.g. we are commanded to rest on Shabbat and desist from work on the Shabbat. We are commanded to "afflict" ourselves on Yom Kippur and we are commanded not to eat on this holy day. Though a transgression of one is also a transgression of the other – if you eat on Yom Kippur you have not afflicted yourself; if you work on Shabbat you have not rested – nevertheless these are considered two independent mitzvot.
Principle 7
The different applications of a mitzvah are not individually counted.
E.g. one who inadvertently defiles the Temple or holy foods is required to bring a sin offering (Leviticus 5). If his financial situation allows, he is to bring a sheep or she-goat; otherwise he brings two birds; and if he is completely impoverished, he brings a flour offering. All this, however, is counted as one mitzvah—the mitzvah of bringing a sin offering when this particular offense is committed—although the execution of the mitzvah varies depending on the situation.
Principle 8
Do not count a negative statement amongst the prohibitions.
The Hebrew word "lo" can mean both "do not" and "shall not"; and only the "do not"s are counted as prohibitions. The only way to discern between the two is by studying the context of the word.
Examples: "She shall not go free as the slaves go free" (Exodus 21:7). This verse should not be construed as a prohibition, it is simply telling us that the circumstances that mandate the emancipation of a Canaanite slave do not apply to a Hebrew maidservant. Certainly, however, if the owner wishes to free her, he may do so.
Or, "So he shall not to be like Korach and his company" (Numbers 17:5). This is not a prohibition, rather a warning that anyone who dares contest the priesthood of Aaron's descendents will meet the same fate as Korach and his cohorts.
Principle 9
Do not count the number of times a commandment is mentioned in the Torah, only the act which is prohibited or commanded.
Certain commandments are repeated in the Torah numerous times. For example, the commandment to rest on Shabbat is mentioned twelve times and the prohibition against consuming blood is repeated no less than seven times. Nevertheless, when counting the 613 mitzvot, we only count a prohibited or prescribed act once.
(The exception to this rule is those instances where the Sages have deduced that the repetition of a particular commandment is intended to prohibit or instruct us regarding a different act. In such a case, the [seemingly] repetitive verse is counted as a separate mitzvah—for it is in fact instructing us regarding something different than the first verse.)
It should be noted that though we count the prohibited acts, and not the amount of times mentioned, we only count prohibited acts individually specified in the Torah. At times, the Torah will issue a prohibition employing general terminology, for this prohibition includes multiple acts. For example, "You shall not eat over the blood" (Leviticus 19:26). This prohibition teaches us not to eat sacrificial flesh before the blood is sprinkled on the altar, not to eat from any animal before its soul (contained in its blood) has fully departed, that the members of a court may not eat on the day that they implement a capital verdict, and more. Though all these are biblically forbidden, none are counted as part of the 613—as none of them are mentioned specifically in the Torah.
________________________________________
We do not include "encompassing" directives in the count. E.g. "And keep My covenant" (Exodus 12:5), or "Concerning all that I have said to you, you shall beware..." (ibid. 22:30), or "And you shall be a holy people to Me" (ibid. 23:23).
Verses that don't instruct us regarding a specific action, but regarding the imperative to observe all of the Torah's commandments, are not included in the 613.
Principle 5
The reason for a mitzvah is not counted on its own.
At times, the Torah tells us the reason for a command in language that could be understood as an independent precept—when in fact it is simply the rationale behind the words that precede it.
For example, "He shall not leave the Sanctuary, and he shall not desecrate the holy things of his G‑d" (Leviticus 21:12). Not desecrating the holy is not a commandment on its own, rather it is the reason why the Kohen may not leave the sanctuary. Or, "Her first husband, who had sent her away, may not take her again to be his wife...and you shall not bring sin to the land" (Deuteronomy 24:4). Here, too, "bringing sin to the land" is not an independent prohibition, but the reason why one may not remarry his divorced wife if she has remarried in the interim.
Principle 6
A mitzvah that has both negative and positive components is counted as two—one Positive Commandment and one Negative Commandment.
E.g. we are commanded to rest on Shabbat and desist from work on the Shabbat. We are commanded to "afflict" ourselves on Yom Kippur and we are commanded not to eat on this holy day. Though a transgression of one is also a transgression of the other – if you eat on Yom Kippur you have not afflicted yourself; if you work on Shabbat you have not rested – nevertheless these are considered two independent mitzvot.
Principle 7
The different applications of a mitzvah are not individually counted.
E.g. one who inadvertently defiles the Temple or holy foods is required to bring a sin offering (Leviticus 5). If his financial situation allows, he is to bring a sheep or she-goat; otherwise he brings two birds; and if he is completely impoverished, he brings a flour offering. All this, however, is counted as one mitzvah—the mitzvah of bringing a sin offering when this particular offense is committed—although the execution of the mitzvah varies depending on the situation.
Principle 8
Do not count a negative statement amongst the prohibitions.
The Hebrew word "lo" can mean both "do not" and "shall not"; and only the "do not"s are counted as prohibitions. The only way to discern between the two is by studying the context of the word.
Examples: "She shall not go free as the slaves go free" (Exodus 21:7). This verse should not be construed as a prohibition, it is simply telling us that the circumstances that mandate the emancipation of a Canaanite slave do not apply to a Hebrew maidservant. Certainly, however, if the owner wishes to free her, he may do so.
Or, "So he shall not to be like Korach and his company" (Numbers 17:5). This is not a prohibition, rather a warning that anyone who dares contest the priesthood of Aaron's descendents will meet the same fate as Korach and his cohorts.
Principle 9
Do not count the number of times a commandment is mentioned in the Torah, only the act which is prohibited or commanded.
Certain commandments are repeated in the Torah numerous times. For example, the commandment to rest on Shabbat is mentioned twelve times and the prohibition against consuming blood is repeated no less than seven times. Nevertheless, when counting the 613 mitzvot, we only count a prohibited or prescribed act once.
(The exception to this rule is those instances where the Sages have deduced that the repetition of a particular commandment is intended to prohibit or instruct us regarding a different act. In such a case, the [seemingly] repetitive verse is counted as a separate mitzvah—for it is in fact instructing us regarding something different than the first verse.)
It should be noted that though we count the prohibited acts, and not the amount of times mentioned, we only count prohibited acts individually specified in the Torah. At times, the Torah will issue a prohibition employing general terminology, for this prohibition includes multiple acts. For example, "You shall not eat over the blood" (Leviticus 19:26). This prohibition teaches us not to eat sacrificial flesh before the blood is sprinkled on the altar, not to eat from any animal before its soul (contained in its blood) has fully departed, that the members of a court may not eat on the day that they implement a capital verdict, and more. Though all these are biblically forbidden, none are counted as part of the 613—as none of them are mentioned specifically in the Torah.
________________________________________
Rambam:
• 1 Chapter a Day: Introduction to Mishneh Torah Part 3Part 3
These [principles apply regarding] the judgments, decrees, ordinances, and customs which were established after the conclusion of the Talmud. However, all the matters mentioned by the Babylonian1 Talmud are incumbent on the entire Jewish people to follow. We must compel each and every city and each country to accept all the customs that were put into practice by the Sages of the Talmud, to pass decrees parallelling their decrees, and to observe their ordinances, since all the matters in the Babylonian Talmud were accepted by the entire Jewish people.
The [Talmudic] Sages who established ordinances and decrees, put customs into practice, arrived at legal decisions, and taught [the people] concerning certain judgments represented the totality of the Sages of Israel or, at least, the majority of them. They received the tradition regarding the fundamental aspects of the Torah in its entirety, generation after generation, [in a chain beginning with] Moses, our teacher.
All the Sages who arose after the conclusion of the Talmud and comprehended its [wisdom] and whose prowess gained them a reputation are called the Geonim. All these Geonim that arose in Eretz Yisrael, Babylonia, Spain, and France taught the approach of the Talmud, revealing its hidden secrets and explaining its points, since [the Talmud's] manner of expression is very deep. Furthermore, it is composed in Aramaic, with a mixture of other tongues. This language was understood by the people of Babylonia in the era when the Talmud was composed. However, in other places, and even in Babylonia in the era of the Geonim, a person cannot understand this language unless he has studied it.2
The inhabitants of each city would ask many questions of each Gaon who lived in their age, to explain the difficult matters that existed in the Talmud. They would reply to them according to their wisdom. The people who had asked the questions would collect the replies and make texts from them, so that they could consider them in depth.3 Also, the Geonim of each generation composed texts to explain the Talmud. Some of the them explained only certain halachot. Others explained selected chapters that had created difficulty in their age. Still others explained entire tractates and orders. Also, [the Geonim] composed [texts recording] the decisions of Torah law regarding what is permitted and what is forbidden, when one is liable and when one is free of liability, with regard to subjects that were necessary at the time, so that they would be accessible to the grasp of a person who could not comprehend the depths of the Talmud.4 This is the work of God, which was performed by all the Geonim of Israel from the completion of the Talmud until the present date, 1108 years after the destruction of the Temple, 4937 years after the creation of the world.5
At this time, we have been beset by additional difficulties, everyone feels [financial] pressure, the wisdom of our Sages has become lost, and the comprehension of our men of understanding has become hidden. Therefore, those explanations, laws, and replies which the Geonim composed and considered to be fully explained material have become difficult to grasp in our age, and only a select few comprehend these matters in the proper way.
Needless to say, [there is confusion] with regard to the Talmud itself - both the Jerusalem and Babylonian Talmuds - the Sifra, the Sifre, and the Tosefta, for they require a breadth of knowledge, a spirit of wisdom, and much time, for appreciating the proper path regarding what is permitted and forbidden, and the other laws of the Torah.
Therefore, I girded my loins - I, Moses, the son of Maimon, of Spain.6 I relied upon the Rock, blessed be He. I contemplated all these texts and sought to compose [a work which would include the conclusions] derived from all these texts regarding the forbidden and the permitted, the impure and the pure, and the remainder of the Torah's laws, all in clear and concise terms, so that the entire Oral Law could be organized in each person's mouth without questions or objections.
Instead of [arguments], this one claiming such and another such, [this text will allow for] clear and correct statements based on the judgments that result from all the texts and explanations mentioned above, from the days of Rabbenu Hakadosh until the present. [This will make it possible] for all the laws to be revealed to both those of lesser stature and those of greater stature, regarding every single mitzvah, and also all the practices that were ordained by the Sages and the Prophets.
To summarize: [The intent of this text is] that a person will not need another text at all with regard to any Jewish law. Rather, this text will be a compilation of the entire Oral Law, including also the ordinances, customs, and decrees that were enacted from the time of Moses, our teacher, until the completion of the Talmud,7 as were explained by the Geonim in the texts they composed after the Talmud.
Therefore, I have called this text, Mishneh Torah ["the second to the Torah,"8 with the intent that] a person should first study the Written Law, and then study this text9 and comprehend the entire Oral Law from it, without having to study any other text between the two.
I saw fit to divide this text into [separate] halachot10 pertaining to each [particular] subject, and, within the context of a single subject, to divide those halachot into chapters. Each and every chapter is divided into smaller halachot so that they can be ordered in one's memory.
[Regarding] the halachot which pertain to specific subjects: Some of the halachot contain the laws governing only one mitzvah, this being a mitzvah that has many matters of the tradition [associated with it] and is a subject in its own right. Other halachot contain the laws governing many mitzvot, since they deal with the same subject matter, for I have divided this text according to topics, not according to the number of mitzvot, as will become clear to the reader.11
The number of mitzvot which are incumbent on us at all times12 is 613. 248 are positive commandments; an allusion to their [number], the number of limbs in the human body.13 365 are negative commandments (prohibitions); an allusion to their [number,] the number of days in a solar year.14
FOOTNOTES
1.Perhaps by specifying "the Babylonian Talmud," the Rambam is alluding to the halachic principle that whenever there is a difference between the decisions of the Babylonian and the Jerusalem Talmuds, those of the Babylonian Talmud are followed.
2.In his Introduction to Sefer HaMitzvot, the Rambam explains that he chose to compose the Mishneh Torah in Mishnaic Hebrew rather than in Aramaic in order to make it more accessible to the common man.
3.33.the Rambam is referring to the body of responsa (She'elot UTshuvot) which began to accumulate from the many questions circulated among the different Jewish communities in the diaspora.
4.In the Introduction to his Commentary on the Mishnah, the Rambam mentions some of these texts: Halachot Gedolot, Halachot Pesukot, the She'iltot of Rav Achai Gaon, and the Halachot of Rav Yitzchak Alfasi.
5.This corresponds to the year 1177 C.E. Apparently, the Rambam composed the Mishneh Torah over a number of years, constantly revising his work. Thus, in Hilchot Kiddush HaChodesh 11:16, he mentions the date of the composition of the text as 4938, one year later, and in Hilchot Shemitot V'Yovalot, he mentions the date 4936, one year earlier.
6.Though the Rambam mentions his nationality when stating his name in some of his other works as well (see Iggeret HaShmad), it is possible that he had a specific intention in doing so here. Despite his desire and intention for the Mishneh Torah to be universally accepted, he knew that other customs were followed in the Ashkenazic community. By mentioning his country of origin, he could be alluding to the fact that some of the customs he mentioned were specific to Jews of that background (Yayin Maichut).
7.For it is only these laws that are binding on the entire Jewish people, as explained above.
8.As mentioned above, there were many rabbis who considered the Rambam's intention in the composition of this text and, in particular, the name he chose for it, as presumptuous. Indeed, for that reason the name Mishneh Torah is rarely used. Instead, the text is commonly referred to as the YadHaChazakah ("The Strong Hand") [so called because the Hebrew is numerically equivalent to fourteen, the number of books in the Mishneh Torah], or simply "the Rambam."
9.The Rambam's statements imply that he desired the Mishneh Torah to be studied in the order in which it was composed, so that a reader can receive a full picture of the Oral Law.
10.These halachot are comparable to sections within a book.
11.In his Introduction to Sefer HaMitzvot, the Rambam explains that he chose to structure the text in this manner in order to make the subject matter more accessible to the reader.
12.For there are some commandments - e.g., the requirement to dedicate the spoil taken from Midian (see Numbers, Chapter 31) - that were recorded in the Torah, but applied only in those specific circumstances.
13.In Sefer HaMitzvot, the Rambam quotes the Midrash Tanchumah (Ki Tetzei), which states that it is as if each limb of the body is saying, "Do a mitzvah with me."
14.Thus, it is as if each day of the year is saying, "Do not commit a transgression on me" (ibid.).
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Rambam:
• 3 Chapters a Day: Negative Commandments Part 1, Negative Commandments Part 2, Negative Commandments Part 3
Part 1
1. The first mitzvah of the negative commandments is not to consider the thought that there is another divinity aside from God, as [Exodus 20:13] states: "You shall have no other gods before Me."
2. Not to make an idol - not to make one oneself or have one made for oneself by others - as [Exodus 20:4] states: "Do not make an idol for yourselves."
3. Not to make false gods even for others, as [Leviticus 19:4] states: "Do not make molten gods for yourselves."
4. Not to make images for decoration, even when one does not worship them, as [Exodus 20:20] states: "Do not make a representation of anything that is with Me."
5. Not to bow down to any false gods, even though they are not generally worshiped by bowing down before them, as [Exodus 20:13] states: "Do not bow down to them."
6. Not to worship false gods with the types of service with which it is customary to worship them, as [Exodus 20:3] states: "Do not serve them."
7. Not to offer one's son to Molech, as [Leviticus 18:21] states: "Do not give [any] of your children to offer to Molech."
8. Not to perform the deeds associated with an ov, as [Leviticus 19:31] states: "Do not turn to the ovot."
9. Not to perform the deeds associated with a yid'oni, as [Leviticus 19:31] states: "Do not turn to... the yid'onim."
10. Not to take interest in the worship of false gods, as [Leviticus 19:4] states: "Do not turn to false gods."
11. Not to erect a pillar [for purposes of worship], as [Deuteronomy 16:22] states: "Do not erect a pillar for yourselves."
12. Not to make hewn stones [upon which to prostrate oneself], as [Leviticus 26:1] states: "You shall not place hewn stones..."
13. Not to plant a tree on the Temple [premises], as [Deuteronomy 16:21] states: "Do not plant an asherah or any other tree...."
14. Not to take an oath on a false god [as requested by] one of its worshipers, nor to have one of them take an oath on [their false god], as [Exodus 23:13] states: "And the name of other gods you shall not mention, nor should it be heard from your mouth."
15. Not to act as a missionary [madiach] to persuade the Jews to worship false gods], as [Exodus 23:13] states: "And the name of other gods... shall not be heard from your mouth." [Our Sages taught that] this is a prohibition against acting as a missionary for the worship of false gods.
16. Not to act as a missionary [mesit] to persuade an individual Jew to worship false gods, as [Deuteronomy 13:12] states with regard to such missionaries: "And they shall not continue to do so."
17. Not to show affection for a mesit, as [Deuteronomy 13:9] states: "Do not show appreciation for him."
18. Not to reduce one's hatred for a mesit, as [Deuteronomy 13:9] states: "Do not listen to him."
19. Not to [try to] save a mesit, but rather to see to it that he is executed, as [Deuteronomy 13:9] states: "Do not have mercy upon him."
20. For the person whom a mesit tried to convince not to advance any arguments on behalf of the mesit, as [Deuteronomy 13:9] states: "Do not have pity... [upon him]."
21. For the person whom a mesit tried to convince not to withhold any evidence he is aware of that would incriminate the mesit, as [Deuteronomy 13:9] states: "And do not try to cover up for him."
22. Not to benefit from ornaments that have adorned false gods, as [Deuteronomy 7:25] states: "Do not covet the gold or silver which is upon them...."
23. Not to rebuild an apostate city to its former stature, as [Deuteronomy 13:17] states: "It shall never be rebuilt."
24. Not to benefit from the property of an apostate city, as [Deuteronomy 13:18] states: "Let nothing that has been condemned cling to your hand."
25. Not to benefit from false gods, from any of their accessories, anything offered to them, or any wine brought as a libation for them, as [Deuteronomy 7:26] states: "Do not bring an abomination into your house."
26. Not to prophesy in the name of false gods, as [Deuteronomy 18:20] states: "[The prophet]... who speaks in the name of other gods [shall die]."
27. Not to relate false prophecies, as [Deuteronomy 18:20] states: "When a prophet presumptuously makes a declaration in My name which I have not commanded him...."
28. Not to listen to someone who prophesies in the name of false gods, as [Deuteronomy 13:4] states: "Do not listen to the words of that prophet."a
29. Not to refrain from executing a false prophet, nor to fear him, as [Deuteronomy 18:22] states: "Do not fear him."
30. Not to follow the laws or customs of the worshipers of false gods, as [Leviticus 20:23] states: "Do not follow the practices of the nation [that I am driving out before you]...."
31. Not to practice black magic, as [Deuteronomy 18:10] states: "There shall not be found among you... a magician."
32. Not to practice divination, as [Leviticus 19:26] states: "Do not practice divination."
33. Not to act as a soothsayer, as [Leviticus, ibid.] states: "Do not act as a soothsayer."
34. Not to practice sorcery, as [Deuteronomy 18:10] states: "There shall not be found among you... a sorcerer."
35. Not to cast spells, as [Deuteronomy 18:11] states: "[There shall not be found among you...] one who casts spells."
36. Not to consult an ov, as [Deuteronomy, ibid.] states: "[There shall not be found among you...] one who consults an ov."
37. Not to consult a yid'oni, as [Deuteronomy, ibid.] states: "[There shall not be found among you...] one who consults an ov or a yid'oni."
38. Not to seek information from the dead in dreams, as [Deuteronomy, ibid.] states: "[There shall not be found among you...] one who attempts to communicate with the dead."
39. For a woman not to wear articles appropriate for men, as [Deuteronomy 22:5] states: "A woman should not wear a man's clothing."
40. For a man not to wear articles appropriate for women, as [Deuteronomy 22:5] states: "A man should not wear a woman's clothing." [This prohibition was instituted] because this is an idolatrous custom. Explicit statements to this effect are found in the texts describing their worship.
41. Not to tattoo our bodies like the worshipers of false gods, as [Leviticus 19:28] states: "Do not tattoo your flesh."
42. Not to wear sha'atnez, as do the priests of false gods, as [Deuteronomy 22:11] states: "Do not wear sha'atnez."
43. Not to shave the temples of our heads, as do the worshipers of false gods, as [Leviticus 19:27] states: "Do not shave your temples."b
44. Not to shave off our beards entirely, as do the priests of false gods, as [Leviticus 19:27] states: "Do not shave the corners of your beard."
45. Not to make cuts in our flesh, as the worshipers of false gods do, as [Deuteronomy 14:1] states: "Do not cut yourselves." Gedidah is another term for cutting.
46. Not to ever dwell in the land of Egypt, as [Deuteronomy 17:16] states: "Do not ever return on this path again."
47. Not to stray after the thoughts of one's heart or the sights one's eyes behold, as [Numbers 15:39] states: "Do not stray after your heart and eyes."
48. Not to establish a covenant with the seven [Canaanite] nations, as [Deuteronomy 7:2] states: "Do not establish a covenant with them."
49. Not to allow a single member of the seven [Canaanite] nations to live, as [Deuteronomy 20:16] states: "Do not allow a soul to live."
50. Not to show favor to the worshipers of false gods, as [Deuteronomy 7:2] states: "Do not show them favor."
51. Not to allow the worshipers of false gods to settle in our land, as [Exodus 23:33] states: "They shall not settle in your land."
52. Not to marry gentiles, as [Deuteronomy 7:3] states: "Do not marry among them."
53. For a Jewish woman never to marry an Ammonite or Moabite [even after conversion], as [Deuteronomy 23:4] states: "An Ammonite or a Moabite shall never enter the congregation of God."
54. Not to prevent the third generation of [converts from] the descendants of Esau from marrying among [the Jewish people], as [Deuteronomy 23:8] states: "Do not [utterly] despise an Edomite."
55. Not to prevent the third generation of Egyptian [converts] from marrying among [the Jewish people], as [Deuteronomy 23:8] states: "Do not [utterly] despise an Egyptian."
56. Not to make an offer of peace to Ammon and Moav at the outbreak of war, as is done for other nations, as [Deuteronomy 23:7] states: "Do not seek their peace and welfare...."
57. Not to destroy fruit trees nor to destroy any-thing else of value, as [Deuteronomy 20:19] states: "Do not destroy its trees."
58. For soldiers not to fear or become frightened of the enemy during war, as [Deuteronomy 7:21] states: "Do not panic before them," and [Deuteronomy 3:22] states: "Do not fear them."a,b
59. Not to forget the wicked deeds which Amalek perpetrated against us, as [Deuteronomy 25:19] states: "Do not forget."
60. The prohibition against blessing [i.e., cursing] God's name, as [Exodus 22:27] states: "Do not curse God." [Leviticus 27:16] mentions the punishment: "One who curses the name of God shall surely die." This is a general principle: A negative commandment is involved whenever the Torah mentions the punishments of karet or execution - with the exception of circumcision and the Paschal sacrifice which are positive commandments punishable by karet.
61. Not to violate an oath, as [Leviticus 19:12] states: "Do not swear falsely in My name."
62. Not to take an oath in vain, as [Exodus 20:7] states: "Do not take the name of God, your Lord, in vain."
63. Not to profane the name of the Holy One, blessed be He, as [Leviticus 22:32] states: "Do not profane My holy name."
64. Not to test the promises of God, as [Deuteronomy 6:15] states: "Do not test God, your Lord."
65. Not to destroy the Temple, synagogues, or houses of study; and similarly, not to erase any of [God’s] sacred names, nor to destroy any sacred texts, as [Deuteronomy 12:3-4] states: "You shall surely destroy them. Do not do this to God, your Lord."1
66. Not to leave a corpse that was hung on the gallows, as [Deuteronomy 21:23] states: "Do not leave his body on the gallows."
67. Not to interrupt the watch held around the Temple, as [Leviticus 18:30] states: "And you shall keep My watch."2
68. For a priest not to enter the Temple building at all times, as [Leviticus 16:2] states: "And he shall not enter the sanctuary at all times."
69. For a priest with a disqualifying physical deformity not to proceed beyond [the beginning of] the altar, as [Leviticus 21:23] states: "However, to the parochet3 he shall not approach."a
70. For a priest with a disqualifying physical deformity not to serve [in the Temple], as [Leviticus 21:17] states: "[Anyone...] who has a blemish [may not approach to present]...."
71. For a priest with a disqualifying physical deformity of a temporary nature not to serve [in the Temple], as [Leviticus 21:18] states: "Anyone who has a blemish may not approach [to offer a sacrifice]."a
72. For the Levites not to perform the services of the priests, and for the priests not to perform the services of the Levites, as [Numbers 18:3] states with regard to the Levites: "Neither to the sacred vessels nor to the altar shall they approach, so that they do not die, neither they nor you."
73. For a person who is intoxicated not to enter the Temple nor to render a halachic decision, as [Leviticus 10:9] states: "Do not drink wine or strong drink when you enter the Tent of Testimony," and [ibid., 10:11] states: "or when you render a decision for the children of Israel."a
74. For a non-priest not to serve in the Temple, as [Numbers 18:4] states: "An unauthorized person shall not approach them."
75. For a priest who is ritually impure not to serve [in the Temple], as [Leviticus 22:2] states: "And they shall separate themselves from the sacred offerings of the children of Israel."
76. For a priest who has immersed himself in a mikveh in order to purify himself from ritual impurity not to serve [in the Temple] until the conclusion, of that day, as [Leviticus 21:6] states: "And they shall not profane...."
77. For a priest who is ritually impure not to enter the Temple courtyard, as [Numbers 5:3] states: "And they shall not make your camp impure." This refers to the camp of the Divine Presence.
78. For a person who is impure not to enter the camp of the Levites, the parallel for all time being the Temple Mount, as [Deuteronomy 23:11] states: "Do not enter the camp." This refers to the camp of the Levites.
79. Not to build the altar with hewn stones, as [Exodus 20:22] states: "Do not make them hewn."
80. Not to ascend to the altar using steps, as [Exodus 20:23] states: "Do not ascend My altar with steps."
81. Not to offer any [undesired] incense offering or any sacrifices on the golden altar, as [Exodus 30:9] states: "Do not offer any unauthorized incense upon it."
82. Not to extinguish the fire of the altar, as [Leviticus 6:6] states: "Burn a continuous fire on the altar. Do not extinguish it."
83. Not to duplicate the composition of the anointing oil, as [Exodus 30:32] states: "And do not duplicate its formula."
84. Not to anoint an unauthorized person with the anointing oil, as [Exodus 30:32] states: "Do not anoint the flesh of a person with it."
85. Not to duplicate the composition of the incense offering, as [Exodus 30:37] states: "Do not duplicate its formula."
86. Not to remove the staves of the ark, as [Exodus 25:16] states: "They shall not be removed from it."
87. For the [High Priest's] breastplate not to come loose from the ephod, as [Exodus 28:28] states: "The breastplate shall not come loose from the ephod."
88. For the [High Priest's] cloak not to tear, as [Exodus 28:32] states: "It shall have a woven border around it. It shall not tear."
89. Not to offer sacred offerings outside [the Temple], as [Deuteronomy 12:13] states: "Be careful, lest you offer your burnt offerings...."
90. Not to slaughter sacred offerings outside [the Temple], as [Leviticus 17:3-4] states: "A person who slaughters an ox or a sheep without bringing it to the Tent of Testimony. He shall be punished by karet."
91. Not to consecrate animals with disqualifying physical blemishes [as sacrifices to be offered on] the altar, as [Leviticus 22:20] states: "Any [animal] which has a blemish shall not be sacrificed." This prohibition involves [the animal's] consecration.
92. Not to slaughter animals with disqualifying physical blemishes as sacrifices, as [Leviticus 22:22] states: "Do not sacrifice these to God."
93. Not to sprinkle the blood of animals with disqualifying physical blemishes on the altar, as [Leviticus 22:24] states: "Do not sacrifice to God...." This prohibition involves sprinkling [the animal's] blood."
94. Not to burn the sacrificial portions of animals with disqualifying physical blemishes [as sacrifices on the altar], as [Leviticus 22:22] states: "Do not make a fire offering of them."
95. Not to offer a animals with disqualifying physical blemishes of a temporary nature as sacrifices, as [Deuteronomy 17:1] states: "Do not sacrifice to God, your Lord, an ox or a sheep that has a blemish." This refers to a blemish of a temporary nature.a
96. Not to offer an animal with a disqualifying physical blemish as a sacrifice when it was brought by gentiles, as [Leviticus 22:25] states: "Do not offer sacrifices [from these animals] when they are given by gentiles."
97. Not to inflict a disqualifying physical blemish upon a consecrated animal, as [Leviticus 22:21] states: "It shall not have a blemish."This can be interpreted to mean: Do not inflict a blemish upon it.
98. Not to burn as an offering anything which is sweetened or leavened, as [Leviticus 2:11] states: "You may not burn anything leavened or sweet [as a fire offering]."a
99. Not to offer a sacrifice which is unsalted, as [Leviticus 2:13] states: "Do not omit the salt of God's covenant."
100. Not to offer as a sacrifice an animal received by a prostitute as her fee, or an animal received in exchange for a dog, as [Deuteronomy 23:19] states: "Do not bring a prostitute's fee or the price of a dog...."
101. Not to slaughter an animal and its offspring on the same day, as [Leviticus 22:25] states: "Do not slaughter it and its offspring on the same day."
102. Not to place olive oil on the meal offering brought by a sinner, as [Leviticus 5:11] states: "Do not place oil upon it."
103. Not to place frankincense on such a sacrifice, as [Leviticus, ibid.] continues: "...and do not place frankincense upon it."
104. Not to place oil on the meal offering brought by a sotah, as [Numbers 5:15] states: "Do not pour oil upon it."
105. Not to place frankincense on such a sacrifice, as [Numbers, ibid.] continues: "...and do not place frankincense upon it."
106. Not to substitute [another animal] for [one selected as] a sacred offering, as [Leviticus 27:10] states: "Do not exchange it or substitute another for it."
107. Not to change the designation of a consecrated animal from one sacrifice to another, as [Leviticus 27:26] states regarding a firstling animal: "A person should not consecrate it" - i.e., he should not consecrate it as another sacrifice.
108. Not to redeem a firstling kosher animal, as [Numbers 18:17] states: "Nevertheless, a firstling ox... do not redeem."
109. Not to sell the tithe of cattle, as [Leviticus 27:33] states: "It shall not be redeemed."
110. Not to sell a field that has been dedicated, as [Leviticus 27:28] states: "It shall not be sold."
111. Not to redeem a field that has been dedicated, as [Leviticus, ibid.] states: "It shall not be redeemed."
112. Not to sever the head of a bird [brought as] a sin offering, as [Leviticus 5:8] states: "He shall pinch off its head...[without separating it]."
113. Not to work with consecrated animals, as [Deuteronomy 15:19] states: "Do not work with your firstling ox."
114. Not to shear consecrated animals, as [Deuteronomy 15:19] states: "Do not shear your firstling sheep."
115. Not to slaughter the Paschal sacrifice while one possesses chametz, as [Exodus 23:18] states: "Do not sacrifice the blood of My offering in the presence of chametz."
116. Not to allow the sacrificial portions of the Paschal sacrifice to become disqualified by remaining overnight, as [Exodus 23:18] states: "Do not allow the fat of My festive offering to remain until the morning."
117. Not to allow the meat of the Paschal sacrifice to remain [overnight], as [Exodus 12:10] states: "Do not leave over any of it until the morning."
118. Not to allow the meat of the Chaggigah sacrifice to remain until the third day, as [Deuteronomy 16:14] states: "Do not leave over any of the meat...." According to the oral tradition, we have learned that the verse refers to the Chaggigah sacrifice offered on the fourteenth of Nisan. The phrase "until the morning" [in that verse] refers to the morning of the second day of Pesach, the third day after [the sacrifice] was offered.
119. Not to allow the meat of the second Paschal sacrifice to remain until the morning, as [Numbers 9:12] states: "Do not leave over any of it until the morning."
120. Not to allow the meat of the thanksgiving offering to remain until the morning, as [Leviticus 22:30] states: "Do not leave over any of it until the morning." The same law applies to all other sacrifices. They should not be left over beyond the time allotted for their consumption.
Note: We have marked with the letter “a” those mitzvot concerning which the Ramban (Nachmanides) differs with the Rambam in his Hasagot to Sefer HaMitzvot, and with the letter “b,” those mitzvot concerning which the Ra'avad, in his gloss to the Mishneh Torah, differs with the Rambam.
FOOTNOTES
1.. Note the comments of the Kessef Mishneh, who differentiates between sacred texts whose destruction Hilchot Yesodei HaTorah 6:8 considers a rabbinic offense, and the destruction of the other objects which are forbidden by the Torah itself.
2.. Though this prooftext is quoted in the printed editions of the Mishneh Torah, it appears to be an error, because the passage it introduces deals with sexual offenses. In Sefer HaMitzvot, the Rambam quotes as a prooftext Numbers 18:5, "And you shall keep the watch over the holy articles."
3.The parochet was the curtain separating the Temple sanctuary from the Holy of Holies.
Part 2
121. Not to break any of the bones of the Paschal sacrifice, as [Exodus 12:46] states: "Neither shall you break a bone of it."
122. Not to break any of the bones of the Second Paschal sacrifice, as [Numbers 9:12] states: "Neither shall you break a bone of it."
123. Not to remove the meat of the Paschal sacrifice from the company [in which it is being eaten], as [Exodus 12:46] states: "Do not remove [any of the meat] from the house...."
124. Not to allow any of the remaining portions of the meal offerings to leaven, as [Leviticus 6:10] states: "It shall not be baked as leaven. Their portion...."
125. Not to eat the meat of the Paschal sacrifice raw or boiled in water, as [Exodus 12:9] states: "Do not eat from it raw or boiled in water."
126. Not to feed the meat of the Paschal sacrifice to a resident alien, as [Exodus 12:45] states: "No temporary resident or hired worker may eat from it."
127. Not to feed the meat of the Paschal sacrifice to an uncircumcised male, as [Exodus 12:48] states: "No uncircumcised person may eat of it."
128. Not to feed the meat of the Paschal sacrifice to an apostate Jew, as [Exodus 12:43] states: "No outsider may eat from it." This refers to a Jew who has become assimilated among the gentiles and serves false gods, as they do. He must not partake [of the Paschal sacrifice].
129. For a person who became ritually impure not to partake of consecrated foods, as [Leviticus 6:20] states: "And a soul who partakes of the meat of the peace sacrifice while he is impure...."
130. Not to partake of consecrated foods that have contracted ritual impurity, as [Leviticus 7:19] states: "Meat that has touched any impurity shall not be eaten."
131. Not to eat sacrificial meat that has remained past the limits allotted for its consumption, as [Leviticus 19:8] states: "One who eats it shall bear his guilt,... his soul will be punished by karet."
132. Not to eat piggul, as [Leviticus 7:18] states: "It will not be accepted for him. Instead, it will be considered as piggul. Any person who eats it will bear his guilt." This sin is punishable by karet.
133. For an unauthorized person not to partake of the terumot,1as [Leviticus 22:10] states: "No unauthorized person shall eat it."
134. For even a tenant or a hired worker employed by a priest not to partake of terumah, as [Leviticus 22:10] states: "A tenant of a priest or [his] hired worker shall not eat the holy [food]."
135. For an uncircumcised person not to partake of terumah or other consecrated foods. This concept was derived from a gezerah shavah and is not explicitly mentioned in the Torah. [Nevertheless,] based on the oral tradition, the prohibition against an uncircumcised person partaking of consecrated foods is considered as a [prohibition of] the Torah itself and not a decree of the Sages.2
136. For a priest who is impure not to partake of terumah, as [Leviticus 22:4] states: "Any of your descendants... shall not eat from the consecrated foods."3
137. For a chalalah not to partake of consecrated foods, neither terumah, nor the breast and the shankbone [given to the priest], as [Leviticus 22:12] states: "When a priest's daughter marries an unauthorized person, she shall not eat [from the sacred, elevated gifts]."
138. For a meal offering brought by a priest not to be eaten, as [Leviticus 6:15] states: "Any meal offering brought by a priest shall be consumed entirely [by fire]; it shall not be eaten."
139. Not to partake of the meat of the sin offerings [whose blood is sprinkled] within [the Temple sanctuary], as [Leviticus 6:23] states: "Any sin offering whose blood has been brought...."
140. Not to partake of consecrated animals that were disqualified [for use as sacrifices because] a blemish was intentionally inflicted upon them, as [Deuteronomy 14:3] states: "Do not eat of any abomination." According to the oral tradition, we have learned that the verse refers to consecrated animals that were disqualified for use because of a blemish inflicted upon them.
141. Not to eat grain [separated as] the second tithe outside of Jerusalem, as [Deuteronomy 12:17] states: "You may not eat within your gates the tithe from your grain."
142. Not to consume wine [separated as] the second tithe outside of Jerusalem, as [Deuteronomy, ibid.] continues: "...your wine...."
143. Not to consume oil [separated as] the second tithe outside of Jerusalem, as [Deuteronomy, ibid.] continues: "...and your oil...."
144. Not to eat an unblemished firstling animal outside of Jerusalem, as [Deuteronomy, ibid.] states: "You may not eat [within your gates]... and the firstlings [of your cattle and flocks]...."
145. For the priests not to eat a sin offering or a guilt offering outside the Temple courtyard, as [Deuteronomy, ibid.] continues: "...your cattle and your flocks." According to the oral tradition, the purpose of this phrase is only to forbid the consumption of the sin offerings and the guilt offerings outside the Temple courtyard. Anything that is eaten outside the place intended for it is covered by the [prohibition]: "You may not eat within your gates...."
146. Not to eat the meat of a burnt offering, as [Deuteronomy, ibid.] states: "You may not [eat]...[the sacrifices] you have vowed [to bring]...," meaning to say: You may not eat [the sacrifices] you have vowed to give. This is a warning against a person's benefiting from the [unauthorized use] of consecrated articles which he is forbidden to use. If he derives such benefit, he transgresses.
147. Not to eat the meat of sacrifices of a lesser order of holiness before the sprinkling of their blood, as [Deuteronomy, ibid.] states: "You may not [eat]... the [animals] you have pledged [to bring as sacrifices]..." - i.e., you are not allowed to eat from the sacrifices you have pledged until their blood has been sprinkled.
148. For an unauthorized person not to eat the meat of the sacrifices of the highest order of sanctity, as [Exodus 29:33] states: "An unauthorized person shall not partake of them, for they are holy."
149. For a priest not to partake of the first fruits [Bikkurim] before they are placed down in the Temple courtyard, as [Deuteronomy, ibid.] states: "You may not [eat]... the elevated gifts [delivered by] hand." The [latter phrase] refers to the first fruits.
150. Not to eat the second tithe which has become impure, even within Jerusalem, until it has been redeemed, as [Deuteronomy 26:14] states: "I have not consumed it while it is impure."
151. Not to eat the second tithe while in mourning, as [Deuteronomy, ibid.] states: "I have not eaten from it while in mourning."
152. Not to use the proceeds [from the redemption of] the second tithe for anything aside from food and drink, as [Deuteronomy, ibid.] states: "I have not used it for the dead." Anything that is not associated with the needs of a living body is referred to as "used for the dead."4
153. Not to eat tevel. Tevel refers to produce from which one is obligated to separate terumah and tithes from which God's terumah has not been separated, as [Leviticus 22:15] states: "And they shall not profane the sacred gifts which the children of Israel will separate for God." This implies that the produce which [the Jews] will ultimately separate for God should not be treated in a mundane manner and eaten while tevel.
154. Not to separate terumah before the first fruits, nor the first tithe before terumah, nor the second tithe before the first. Rather, [the agricultural gifts] must be given in order - first, the first fruits; afterwards, terumah; afterwards, the first tithe; and, afterwards, the second tithe - as [implied by Exodus 22:28]: "Do not delay your offerings of newly ripened produce and your agricultural offerings." [This means:] Do not delay bringing an offering that should be brought first.
155. Not to delay bringing sacrifices you have vowed to offer, or animals which you have pledged to bring as sacrifices, as [Deuteronomy 23:22] states: "[When you make a pledge to God,] do not delay paying it."
156. Not to make a festive pilgrimage without [bringing] a sacrifice, as [Exodus 23:15] states: "Do not appear before Me empty-handed."
157. Not to violate a vow which a person makes forbidding his use of anything, as [Numbers 30:3] states: "He shall not violate his word."
158. For a priest not to marry an immoral woman [zonah], as [Leviticus 21:7] states: "They shall not marry an immoral woman or a chalalah."
159. For a priest not to marry a chalalah,5 as [Leviticus 21:7] states: "They shall not marry... a chalalah."
160. For a priest not to marry a divorcee, as [Leviticus 21:7] states: "...nor may they marry a woman divorced from her husband."
161. For a High Priest not to marry a widow, as [Leviticus 21:14] states: "A widow, a divorcee, a chalalah, or an immoral woman - these he must not marry."
162. For a High Priest not to have sexual relations with a widow even outside the context of marriage, because by doing so he profanes her, as [Leviticus 21:15] states: "He shall not profane his progeny...." This [also] implies that he must not cause a woman eligible to marry a priest to become ineligible [as happens through the relations described above].
163. For a priest not to enter the Temple with hair that has grown unseemingly long, as [implied by Leviticus 10:6]: "Do not let your hair grow long."a
164. For a priest not to enter the Temple with torn garments, as [implied by Leviticus, ibid.]: "Do not rend your garments."
165. For a priest not to leave the Temple courtyard in the midst of service, as [implied by Leviticus 10:7]: "Do not depart from before the entrance to the Tent of Testimony."
166. For a common priest not to become impure through contact with a corpse [with the exception of the specific instances permitted by the Torah], as [Leviticus 21:1] states: "He shall not become impure [through contact with] the dead."
167. For a High Priest not to become impure [through contact with any corpse], even [those of] his relatives, as [Leviticus 21:11] states: "He shall not become impure, [even] for his father and mother."
168. For a High Priest not to enter the place where a corpse is found, as [Leviticus 21:11] states: "He should not come in contact with any dead body." According to the oral tradition, we have learned that he is obligated [for violating both the prohibitions:] not to become impure and not to enter [the place of a corpse].
169. For the tribe of Levi not to take a portion of Eretz Yisrael, as [Deuteronomy 18:2] states: "He shall not receive an inheritance."
170. For the tribe of Levi not to take a portion of the spoils in the conquest of Eretz Yisrael, as [Deuteronomy 18:1] states: "The priests and the Levites shall not receive a portion or an inheritance."
171. Not to tear out hair [in mourning] for the dead, as [Deuteronomy 14:1] states: "Do not make a bald spot upon your heads."
172. Not to eat non-kosher animals, as [Deuteronomy 14:7] states: "Nevertheless, among those who chew the cud, these you may not eat...."
173. Not to eat non-kosher fish, as [Leviticus 11:11] states: "They shall be [regarded as] a detestable thing for you. Do not eat of their flesh."
174. Not to eat non-kosher birds, as [Leviticus 11:13] states: "These birds you must regard as detestable. Do not eat them."
175. Not to eat flying insects, as [Deuteronomy 14:19] states: "Every flying insect [that is] not-kosher for you shall not be eaten."
176. Not to eat insects that breed on land, as [Leviticus 11:41] states: "Every insect that creeps upon the earth must be regarded as detestable. It may not be eaten."
177. Not to eat anything that creeps on the earth, as [Leviticus 11:44] states: "Do not make your souls impure with any insect that creeps upon the earth."
178. Not to eat worms that breed in produce after they become exposed to the air, as [Leviticus 11:42] states: "...for any swarming creature which breeds upon the land, you shall not eat them."
179. Not to eat swarming creatures that breed in the water, as [Leviticus 11:43] states: "Do not make yourselves detestable [by eating] any swarming creature."
180. Not to eat carrion, as [Deuteronomy 14:21] states: "Do not eat carrion."
181. Not to eat an animal with a mortal infliction (trefah), as [Exodus 22:30] states: "Do not eat flesh torn off [by a predator]."
182. Not to eat a limb from a living animal, as [Deuteronomy 12:23] states: "Do not eat the life [of an animal] with its flesh."
183. Not to eat the displaced [sciatic] nerve as [Genesis 32:33] states: "Therefore, the children of Israel do not eat the displaced nerve."
184. Not to consume blood, as [Leviticus 7:26] states: "Do not consume any blood."
185. Not to partake of [hard] fat, as [Leviticus 7:23] states: "Do not eat any of the fat in an ox, sheep, or goat."
186. Not to cook meat and milk [together], as [Exodus 23:19] states: "Do not cook a kid in its mother's milk."
187. Not to eat meat and milk [together], as [Exodus 34:26] states: "Do not cook a kid in its mother's milk." Based on the oral tradition, we have learned that one [of these verses] implies a prohibition against cooking [the two together], and the other, a prohibition against eating [from the combination].
188. Not to partake of the meat of an ox that was stoned to death, as [Exodus 21:28] states: "And do not eat its flesh."
189. Not to eat bread made from newly grown produce before Pesach, as [Leviticus 23:14] states: "[Until that day,...] you may not eat bread..."
190. Not to eat roasted grain from newly grown produce before Pesach, as [Leviticus, ibid.] continues: "[Until that day,...] you may not eat... roasted grain..."
191. Not to eat fresh grain from newly grown produce before Pesach, as [Leviticus, ibid.] continues: "[Until that day,...] you may not eat... fresh grain."
192. Not to eat orlah for three years, as [Leviticus 19:23] states: "For three years, you must regard its fruit as a forbidden growth. It may not be eaten."
193. Not to eat mixed species planted in a vineyard, as [Deuteronomy 22:9] states: "...lest the yield of the crops you planted and the fruit of the vineyard shall become forfeit." This refers to a prohibition against eating [such produce].
194. Not to drink wine used for idolatrous libations, as [Deuteronomy 32:38] states: "...who ate the fat of their sacrifices and drank the wine of their libations."a
195. Not to eat or drink like a glutton and a drunkard, as [Deuteronomy 21:20] states: "This son of ours is a glutton and a drunkard."6
196. Not to eat on the day of the fast [of Yom Kippur], as [Leviticus 23:29] states: "For any person who does not afflict himself [on that day]...."
197. Not to partake of chametz on Pesach, as [Exodus 13:3] states: "Do not eat chametz."
198. Not to eat a mixture of chametz, as [Exodus 12:20] states: "Do not eat any leavened matter."a
199. Not to eat chametz after noontime on the fourteenth [of Nisan], as [Deuteronomy 16:3] states: "Do not eat chametz with it."a
200. Not to have chametz seen [in one's possession during Pesach], as [Exodus 13:7] states: "No chametz and no leaven may be seen in your territories."
201. Not to have chametz found [in one's possession during Pesach], as [Exodus 13:7] states: "No chametz may be found in your homes."
202. For a Nazarite not to drink wine or partake of anything in which wine was mixed and has the taste of wine, as [Numbers 6:3] states: "He shall not drink any grape beverage." [This prohibition applies] even if the wine or other beverage with which the wine was mixed has become sour, as the above verse states: "He may not drink vinegar from wine or wine-brandy."
203. [For a Nazarite] not to eat fresh grapes, as [Numbers, ibid.] states: "[He shall not eat] fresh... grapes."
204. [For a Nazarite] not to eat raisins, as [Numbers, ibid.] states: "[He shall not eat]... dried grapes."
205. [For a Nazarite] not to eat grape seeds, as [Numbers 6:4] states: "He shall not eat [anything from wine grapes] from its seeds...."
206. [For a Nazarite] not to eat grape peels, as [Numbers, ibid.] continues: "He shall not eat [anything from wine grapes,...] to its peels."
207. For a Nazarite not to become impure through contact with a dead body, as [Numbers 6:7] states: "He may not become impure even for his father, his mother,...."
208. [For a Nazarite] not to enter below any roof beneath which a corpse is found, as [Leviticus 21:11] states: "He shall not come into contact with any dead body."7
209. [For a Nazarite] not to shave, as [Numbers 6:5] states: "A razor shall not pass upon his head."
210. Not to harvest one's entire field, as [Leviticus 23:22] states: "Do not completely harvest the ends of your fields."
211. Not to gather the [individual] stalks that fall in the harvest, as [Leviticus, ibid.] states: "Do not gather the leket of your harvest."
212. Not to harvest underdeveloped grape clusters, as [Leviticus 19:10] states: "Do not pick the incompletely formed grape clusters in your vine-yard."
213. Not to gather individual [fallen grapes], as [Leviticus, ibid.] states: "Do not gather the individual [fallen grapes] in your vineyard."
214. Not to take a sheaf which has been forgotten, as [Deuteronomy 24:19] states: "Do not go back to take it." [This prohibition also applies to] all trees, as [ibid. 24:20] states: "Do not carefully re-harvest it."
215. Not to sow mixed species of seeds together, as [Leviticus 19:19] states: "Do not sow different species of seed in your field."
216. Not to sow grain or vegetables in a vineyard, as [Deuteronomy 22:9] states: "Do not plant different species in your vineyard."
217. Not to crossbreed different species of animals, as [Leviticus 19:19] states: "Do not crossbreed your livestock with other species."
218. Not to work with two different species of animals together, as [Deuteronomy 22:10] states: "Do not plow with an ox and a donkey together."
219. Not to muzzle an ox while it is working with produce from which it would eat and derive benefit, as [Deuteronomy 25:4] states: "Do not muzzle an ox while it is treading grain."
220. Not to cultivate the land in the seventh year, as [Leviticus 25:4] states: "Do not sow your field."
221. Not to cultivate trees in the seventh year, as [Leviticus, ibid.] continues: "Do not prune your vineyard."
222. Not to reap crops that grow on their own in the seventh year in the same manner as in an ordinary year, as [Leviticus 25:5] states: "Do not reap the crops of your harvest that grow on their own."
223. Not to reap fruit that grows on trees in the seventh year in the same manner as in an ordinary year, as [Leviticus, ibid.] continues: "...and do not gather the grapes of your vines from which you must abstain."
224. Not to do [agricultural] work - whether with land or trees - in the Jubilee year, as [Leviticus 25:11] states: "Do not sow...."
225. Not to reap crops that grow on their own in the Jubilee year in the same manner as in an ordinary year, as [Leviticus, ibid.] states: "Do not harvest the crops which grow on their own."
226. Not to reap the fruit of the Jubilee year in the same manner as in an ordinary year, as [Leviticus, ibid.] continues: "...and do not gather the grapes of your vines from which you must abstain."
227. Not to sell a field in Eretz Yisrael in perpetuity, as [Leviticus 25:23] states: "Do not make a permanent sale of the land."a
228. Not to change [the purpose of] the open areas and fields [granted to] the Levites, as [Leviticus 25:34] states: "The fields of the open areas [surrounding] their cities shall not be sold." According to the oral tradition, we have learned that this verse is a prohibition against changing [the purpose for which these lands are used].
229. Not to forsake the Levites, as [Deuteronomy 12:191 states: "Be very careful not to abandon the Levite." Rather, we must give them the portions they are due and rejoice with them on each of the festivals.
230. Not to demand the repayment of a loan after the seventh year has passed, as [Deuteronomy 15:2] states: "Do not demand payment from your fellow man."
231. Not to withhold lending money to a poor person because of the advent of the shemitah year, as [Deuteronomy 15:9] states "Be careful, lest an idea...[occur to you....]" This is an accepted general principle: Whenever [the Torah] uses the expressions "Be careful," "Lest," or "Do not," a negative commandment is involved.
232. Not to withhold lending money to a poor person or providing him with his needs, as [Deuteronomy 15:7] states: "Do not harden your heart." Thus, a person who gives charity fulfills a positive commandment, while one who spurns the opportunity to give not only fails to perform a positive commandment, but also transgresses a negative commandment.
233. Not to send away a Hebrew servant empty-handed when he goes free, as [Deuteronomy 15:13] states: "Do not send him away empty-handed."
234. Not to demand payment of a debt from a poor person when one knows that he is impoverished, nor to cause him grief, as [Exodus 22:24] states: "Do not behave like a creditor towards him."
235. Not to lend at interest to a Jew, as [Leviticus 25:37] states: "Do not lend him your money at interest."
236. Not to borrow with interest, as [inferred from Deuteronomy 23:20, which] states: "Do not take interest from your brother." According to the oral tradition, this verse is interpreted as a prohibition, forbidding a borrower from paying interest to a lender.
237. Not to intermediate between the borrower and lender when interest is involved, not to act as a guarantor or a witness [to such a loan], nor to draw up a contract for it, as [Exodus 22:24] states: "Do not charge him interest."
238. Not to delay payment of a worker, as [Leviticus 19:13] states: "Do not hold back a worker's wages overnight."
239. Not to take security from a debtor by force, as [Deuteronomy 24:10] states: "Do not enter his home to take security."
240. Not to withhold the return of security to its owner when he needs it, as [Deuteronomy 24:12] states: "Do not lie down [to sleep] with his security" - i.e., do not lie down while holding his security. Instead, return it to him at night when he needs it at night.
241. Not to take security from a widow, as [Deuteronomy 24:17] states: "Do not take a widow's garment as security."
242. Not to take utensils used in the preparation of food, as [Deuteronomy 24:6] states: "Do not take either the upper or lower millstone as a pledge."
243. Not to kidnap a Jewish person, as [Exodus 20:15] states: "Do not steal." This refers to kidnapping.
244. Not to steal, as [Leviticus 19:11] states: "Do not steal." This refers to stealing money.
FOOTNOTES
1.The plural terumot includes bikkurim (the first fruits), challah (the dough offering), and terumat ma'aser (the tenth of the tithe separated by the Levites), as well as the terumah gedolah.
2.. A gezerah shavah is one of the thirteen principles of Biblical exegesis in which an association is drawn between two verses based on a common word.
In Sefer HaMitzvot (General Principle 2), the Rambam states that all of the 613 mitzvot are explicitly mentioned in the Torah and are not dependent on the exegesis of a verse according to the oral tradition. Therefore, he finds it necessary to explain that there is a specific oral tradition that this mitzvah is an exception to that rule.
3.. Though this prooftext is quoted in the printed editions of the Mishneh Torah, it represents a misquotation of the verse, borrowing a phrase from Leviticus 21:17 and inserting it into Leviticus 22:4.
4.. Though the Rambam's statements are based on the Sifre, his interpretation of the verse appears to be original and not quoted from other sources.
5.A chalalah is a woman who engaged in sexual relations with a priest when she was forbidden to do so, or a woman who was conceived from such relations (Hilchot Issurei Bi'ah 19:1).
6.Note that in Hilchot Mamrim 7:1, where the Rambam discusses this prohibition, he quotes a different prooftext.
7.Though this prooftext is quoted in the printed editions of the Mishneh Torah, it appears to be an error, because the passage it introduces deals with the prohibition against a High Priest's coming into contact with a corpse. Perhaps the intended prooftext is Numbers 6:6, "he may not have contact with the dead."
Part 3
245. Not to rob, as [Leviticus 19:13] states: "Do not rob."
246. Not to alter land boundaries, as [Deuteronomy 19:14] states: "Do not remove your neighbor's landmark."
247. Not to wrong [a colleague by withholding his due], as [Leviticus 19:13] states: "Do not wrong your neighbor."
248. Not to deny [a just claim], as [Leviticus 19:11] states: "Do not deny your neighbor's [claim]."
249. Not to swear falsely in denying a monetary [obligation to] a colleague, as [Leviticus, ibid.] states: "Do not swear [falsely]" - i.e., do not swear falsely about money owed to a colleague.
250. Not to cheat in business, as [Leviticus 25:14] states: "One man should not cheat his brother."
251. Not to hurt someone with words, as [Leviticus 25:17] states: "And one man shall not wrong another." This [prohibition refers to] hurting someone with words.
252. Not to hurt a convert with words, as [Exodus 22:20] states: "And do not wrong a convert...."
253. Not to cheat a convert in business, as [Exodus, ibid.] continues: "...nor oppress him."
254. Not to return a slave who fled to Eretz Yisrael to his master [who lives] in the Diaspora, as [Deuteronomy 23:16] states: "Do not deliver a servant to his master."
255. Not to wrong such a servant, as [Deuteronomy 23:17] states: "He shall dwell in your midst, in the place which he selects... as he sees fit. Do not wrong him."
256. Not to oppress any widow or orphan, as [Exodus 22:21] states: "Do not oppress any widow or orphan."a
257. Not to have a Hebrew servant perform servile tasks, as [Leviticus 25:39] states: "Do not work him like a slave."
258. Not to sell [a Hebrew servant] as slaves are sold, as [Leviticus 25:42] states: "Do not sell him as slaves are sold."
259. Not to make a Hebrew servant perform rigorous work, as [Leviticus 25:43] states: "Do not rule over him with rigor."
260. Not to allow a gentile [who purchased a Hebrew servant] to make him work rigorously, as [Leviticus 25:53] states: "He shall not rule over him with rigor."
261. Not to sell a Hebrew maidservant to another person, as [Exodus 21:8] states: "He shall have no power to sell her."
262. Not to withhold from a Hebrew maidservant who has been designated as a bride living expenses, clothing, or conjugal rights, as [Exodus 21:10] states: "He may not diminish her living expenses, clothing, or conjugal rights." The above applies also to other wives.
263. Not to sell a yefat to'ar, as a maidservant as [Deuteronomy 21:14] states: "Do not sell her."
264. Not to force a yefat to'ar to serve as a maidservant, as [Deuteronomy, ibid.] continues: "Do not rule over her."
265. Not to covet, as [Exodus 20:14] states: "Do not be envious of your neighbor's wife."
266. Not to desire, as [Deuteronomy 5:18] states: "Do not desire your neighbor's house."
267. For a worker who is harvesting crops not to eat from the unpicked produce before he has finished work, as [Deuteronomy 23:26] states: "Do not lift a sickle...."
268. For a worker not to take more than what he eats [from the produce he harvests], as [Deuteronomy 23:25] states: "Do not put any into your receptacles."
269. Not to ignore a lost object, as [Deuteronomy 22:3] states: "You may not ignore it."
270. Not to leave an animal fallen under its load on the road, as [Deuteronomy 22:4] states: "You may not watch your neighbor's donkey...."
271. Not to falsify measurements, as [Leviticus 19:35] states: "Do not act deceitfully in judgment...." According to the oral tradition, we have learned that this verse prohibits acting deceitfully regarding measurements.
272. Not to possess two sets of weights and measures, as [Deuteronomy 25:13] states: "You may not have in your home...."
273. Not to act deceitfully in judgment, as [Leviticus 19:15] states: "Do not pervert justice."
274. Not to accept bribes, as [Exodus 23:8] states: "Do not take a bribe."
275. Not to honor a man of stature in judgment, as [Leviticus 19:15] states: "Do not show respect to a great man."
276. For a judge not to fear rendering [a just] judgment because of a wicked man, as [Deuteronomy 1:17] states: "Do not fear anyone."
277. Not to have mercy on a poor person in judgment, as [Exodus 23:3] states: "And do not favor a poor man in his cause."
278. Not to pervert judgment against a sinner, as [implied by Exodus 23:6, which] states: "Do not pervert the judgment of a poor person." This refers to someone who is poor with regard to [the observance of] the mitzvot.
279. Not to have pity on a person who has caused damages in judgments concerning fines, as [Deuteronomy 25:12] states: "Let your eye not pity."
280. Not to pervert the justice due converts or orphans, as [Deuteronomy 24:17] states: "Do not pervert the judgment of a convert or an orphan."
281. Not to listen to one litigant in the absence of the other, as [Exodus 23:1] states: "Do not hear a false report."
282. Not to render a conviction in a capital case when there is only a majority of one, as [Exodus 23:2] states: "Do not follow the majority to do evil."
283. For a person who argued in favor of acquittal in a capital case not to argue for a conviction, as [Exodus, ibid.] states: "Do not speak up in a trial to influence...."b
284. Not to appoint as a judge a man who is unlearned in the Torah, even if he is learned in other disciplines, as [Deuteronomy 1:17] states: "Do not show favoritism regarding judgment."
285. Not to give false testimony, as [Exodus 20:13] states: "Do not give false testimony against your neighbor."
286. For a sinner not to act as a witness, as [Exodus 23:1] states: "Do not conspire with a wicked person to be a corrupt witness."
287. For a relative not to act as a witness, as [Deuteronomy 24:16] states: "Fathers shall not die because of children." According to the oral tradition, we have learned [that the verse teaches that] fathers should not die through the testimony of [their] sons. The same law applies regarding other relatives.
288. Not to render a decision based on the testimony of a single witness, as [Deuteronomy 19:15] states: "A single witness shall not rise up against a person."
289. Not to kill an innocent person, as [Exodus 20:13] states: "Do not murder."
290. Not to render a decision on the basis of a presumption, unless two witnesses observe the actual matter, as [Exodus 23:7] states: "Do not slay the innocent and the righteous."a
291. For a witness not to render a decision in a capital case in which he testified, as [Numbers 35:30] states: "One witness shall not testify in a capital case..."
292. Not to execute a person liable for execution before he stands trial, as [Numbers 35:12] states: "The murderer shall not die [until he stands before the congregation]."
293. Not to have pity on a pursuer. Rather, he should be killed before he kills or rapes the person he is pursuing, as [Deuteronomy 25:12] states: "And you shall cut off her hand. Show no pity."
294. Not to punish a person forced [to commit a sin], as [Deuteronomy 22:26] states: "Do not do anything to the maiden."a
295. Not to take a ransom from a murderer, as [Numbers 35:31] states: "Do not take a ransom for the life of a murderer."
296. Not to take a ransom in return for exile for a person who kills accidentally, as [Numbers 35:32] states: "And do not take a ransom [for having] to flee to his refuge city."
297. Not to neglect [a person] in mortal danger, as [Leviticus 19:16] states: "Do not stand still in the face of mortal danger."
298. Not to leave obstacles, as [Deuteronomy 22:8] states: "...lest you bring blood upon your house."
299. Not to mislead an unsuspecting person, as [Leviticus 19:14] states: "Do not place a stumbling block before the blind."
300. Not to add lashes when whipping a person liable for such punishment, as [Deuteronomy 25:3] states: "Do not add [lashes], lest by [giving him] this additional [punishment]...."
301. Not to gossip, as [Leviticus 19:16] states: "Do not go around as a gossiper among your people."
302. Not to bear hatred in one's heart, as [Leviticus 19:17] states: "Do not hate your brother in your heart."
303. Not to embarrass any Jewish person, as [Leviticus, ibid.] states: "You shall surely rebuke your neighbor and not bear a sin because of him."
304. Not to take revenge, as [Leviticus 19:18] states: "Do not take revenge."
305. Not to bear a grudge, as [Leviticus, ibid.] states: "Do not bear a grudge."
306. Not to take a mother bird together with the young, as [Deuteronomy 22:6] states: "Do not take the mother bird together with the young."
307. Not to shave the hair around a bald spot brought about by tzara’at], as [Leviticus 13:33] states: "And he shall not shave the bald spot."a
308. Not to remove the signs of tzara’at, as [Deuteronomy 24:8] states: "Be very careful concerning signs of tzara’at."
309. Not to till or sow the land [around] a powerful river [at which atonement was made for an unsolved murder], as [Deuteronomy 21:4] states: "...which must never be tilled and never be sown."
310. Not to allow a sorcerer to live, as [Exodus 22:17] states: "Do not allow a witch to live."
311. For a groom not to be held liable for any type of public service - e.g., army, guarding the walls [of a city], and the like - as [Deuteronomy 24:5] states: "He shall not go out to the army, nor be charged with any duties."a
312. Not to reject the authority of the court, as [Deuteronomy 17:11] states: "Do not swerve from the word which they tell you."
313. Not to add to the mitzvot of the Torah. [This applies] both to the Written Law and to its explanation conveyed by the oral tradition, as [Deuteronomy 13:1] states: "Carefully observe everything which I command you to do. Do not add to it."
314. Not to diminish from any of the mitzvot of the Torah, as [Deuteronomy, ibid.] continues: "...and do not diminish from it."
315. Not to curse a judge, as [Exodus 22:27] states: "Do not curse judges."
316. Not to curse a nasi - i.e., the king or the head of the academy in Eretz Yisrael - as [Exodus, ibid.] continues: "...and do not curse the nasi of your people."
317. Not to curse any other Jew, as [Leviticus 19:14] states: "Do not curse [even] a deaf-mute."
318. Not to curse one's father or mother, as [Exodus 21:17] states: "One who curses his father or mother shall surely die."a
319. Not to strike one's father or mother, as [Exodus 21:15] states: "One who strikes his father or mother shall surely die."
320. Not to work on the Sabbath, as [Exodus 20:10] states: "Do not do any work."
321. Not to travel beyond the boundaries of a city on the Sabbath as travelers do, as [Exodus 16:29] states: "A person should not leave his place [on the Sabbath day]."a
322. [For a court] not to inflict punishment on the Sabbath, as [Exodus 35:3] states: "Do not kindle a fire on the Sabbath day."
323. Not to work on the first day of Pesach, as [Leviticus 23:7] states concerning it: "Do not do any servile1 work on these [days]."
324. Not to work on the seventh day of Pesach, as [Leviticus 23:8] states concerning it: "Do not do any servile work on these [days]."
325. Not to work on the holiday of Shavuot, as [Leviticus 23:21] states concerning it: "Do not do any servile work."
326. Not to work on the first day of the seventh month [the day of Rosh HaShanah], as [Leviticus 23:25] states concerning it: "Do not do any servile work."
327. Not to work on Yom Kippur, as [Leviticus 23:28] states concerning it: "Do not do any servile2 work."
328. Not to work on the first day of the festival [of Sukkot], as [Leviticus 23:35] states concerning it: "Do not do any servile work."
329. Not to work on the eighth day of the festival [of Sukkot], as [Leviticus 23:36] states concerning it: "Do not do any servile work."
330. Not to have intimate relations with one's mother, as [Leviticus 18:7] states: "She is your mother, do not commit incest with her."
331. Not to have intimate relations with one's sister, as [Leviticus 18:9] states: "Do not commit incest with your sister, your father's daughter."
332. Not to have intimate relations with one's father's wife, as [Leviticus 18:8] states: "Do not commit incest with your father's wife."
333. Not to have intimate relations with a sister,3 [the daughter of] either your father or your mother, as [Leviticus 18:11] states: "She is the daughter of your father, your father's progeny, do not commit incest with her."
334. Not to have intimate relations with one's son's daughter, as [Leviticus 18:10] states: "[Do not commit] incest with your son's daughter."
335. Not to have intimate relations with one's daughter's daughter, as [Leviticus, ibid.] continues: "...and do not commit incest with your daughter's daughter."
336. Not to have intimate relations with one's daughter. Why was this prohibition not explicitly stated in the Torah? Since the Torah forbade [relations with] one's daughter's daughter, it did not mention [the prohibition against relations with] one's daughter. [Nevertheless, according to the oral tradition, the prohibition against [relations with] one's daughter has the status of a Torah law like the other sexual offences [and is not considered as Rabbinic in origin].4
337. Not to have intimate relations with a woman and her daughter, as [Leviticus 18:17] states: "Do not commit incest [by marrying] a woman and her daughter."
338. Not to have intimate relations with a woman and her son's daughter, as [Leviticus, ibid.] continues: "...her son's daughter...."
339. Not to have intimate relations with a woman and her daughter's daughter, as [Leviticus, ibid.] continues: "...her daughter's daughter,... you shall not take."
340. Not to have intimate relations with one's mother's sister, as [Leviticus 18:13] states: "Do not commit incest with your mother's sister."
341. Not to have intimate relations with one's father's sister, as [Leviticus 18:12] states: "Do not commit incest with your father's sister."
342. Not to have intimate relations with the wife of one's father's brother, as [Leviticus 18:14] states: "Do not commit incest with his wife. [She is your aunt.]"
343. Not to have intimate relations with one's son's wife, as [Leviticus 18:15] states: "Do not commit incest with your daughter-in-law."
344. Not to have intimate relations with one's brother's wife, as [Leviticus 18:16] states: "Do not commit incest with your brother's wife."
345. Not to have intimate relations with one's wife's sister, as [Leviticus 18:18] states: "Do not take a woman as a wife together with her sister."
346. Not to have intimate relations with a woman in the niddah state, as [Leviticus 18:19] states: "Do not come close to a woman in the niddah state of impurity."
347. Not to have intimate relations with a married woman, as [Leviticus 18:20] states: "Do not lie carnally with your neighbor's wife."
348. Not to perform a sexual act with an animal, as [Leviticus 18:23] states: "And do not lie carnally with any animal."
349. For a woman not to perform a sexual act with an animal, as [Leviticus 18:23] continues: "...and a woman should not present herself to an animal for sexual purposes."
350. Not to commit sodomy, as [Leviticus 18:22] states: "And do not lie with a male...."
351. Not to commit sodomy with one's father, as [Leviticus 18:7] states: "Do not commit a sexual offense with your father."
352. Not to commit sodomy with one's father's brother, as [Leviticus 18:14] states: "Do not commit a sexual offense with your father's brother."
353. Not to be intimate with a woman with whom sexual relations are forbidden in matters that might lead to intercourse - e.g., embracing, kissing, winks, or signs - as [Leviticus 18:6] states: "No person shall approach a close relative to commit a sexual offense.” Based on the oral tradition, we have learned that this prohibits intimacy that might lead to sexual relations .a
354. For a mamzer not to marry a natural born Jewess, as [Deuteronomy 23:31 states: "A mamzer may not enter God's congregation."
355. For there not to be a kedeishah - i.e., a woman who engages in intimate relations without a marriage contract and a marriage ceremony - [among the Jewish people], as [Deuteronomy 23:18] states: "There shall not be akedeishah...."a
356. For a man who is divorced not to remarry his divorcee after she marries anyone else, as [Deuteronomy 24:4] states: "Her first husband who divorced her may not take her as a wife again."
357. For a yevamah not to marry anyone other than her yavam, as [Deuteronomy 25:5] states: "The wife of the deceased shall not...."
358. For a rapist not to divorce the woman he raped, as [Deuteronomy 22:29] states: "He may not send her away for his entire life."
359. For a person who defamed his wife's character not to divorce her, as [Deuteronomy 22:19] states: "He may not send her away for his entire life."
360. For a man incapable of procreation not to marry a natural born Jewess, as [Deuteronomy 23:2] states: "A man with crushed testicles... may not enter [God's congregation]."
361. Not to castrate a male from any species - neither a human, a domestic animal, a wild beast, nor a bird, as [Leviticus 22:24] states: "You shall not do this in your land."
362. Not to appoint a convert [to a position of authority] over the Jewish people, as [Deuteronomy 17:15] states: "You may not appoint a foreigner over you."
363. For a king not to accumulate many horses, as [Deuteronomy 17:16] states: "And he may not accumulate many horses."
364. For a king not to accumulate many wives, as [Deuteronomy 17:17] states: "And he may not accumulate many wives."
365. For a king not to accumulate much silver and gold, as [Deuteronomy, ibid.] continues: "And he may not accumulate very much silver and gold."
The Rabbinic Commandments
These 613 mitzvot were given to Moses on Mount Sinai together with their general principles, particular points, and details. These general principles, particular points, and details represent the Oral Law, which each court received from the previous court.
There are [also] other commandments that were instituted after the giving of the Torah. They were established by the Prophets and Sages and spread throughout Israel, for example, the reading of the Megillah, [lighting] a Chanukah candle, fasting on Tish'ah b'Av, [setting up] eruvim, and [washing one's] hands [in preparation for prayer and eating]. Each of these commandments also possesses explanatory aspects and details. All of this will be explained in this text.
We are obligated to accept and observe all these commandments which [the Rabbis] instituted, as [implied by Deuteronomy 17:11]: "Do not deviate from the instructions that they will give you, left or right."
They are not considered to be additions to the commandments of the Torah. [If so,] what was the intention of the Torah's warning (Deuteronomy 13:11): "Do not add to it and do not detract from it"? That a prophet is not permitted to introduce a new measure and say that the Holy One, blessed be He, commanded this mitzvah to us and that it should be added to the Torah's mitzvot, or [say that He commanded that we] eliminate one of the 613 mitzvot mentioned above.
However, if a court, together with the prophet of that age, adds a commandment as an ordinance, a lesson, or as a decree, this is not considered as an addition. He is not saying that the Holy One, blessed be He, commanded us to make an eruv or read the Megillah at its [appointed] time. Were he to say so, he would be adding to the Torah.
Instead, we are saying that the prophets and the courts ordained and commanded that the Megillah be read at its [appointed] time in order to recall the praise of the Holy One, blessed be He, the salvation He wrought for us, and His response to our cries, so that we will bless Him, extol Him, and inform the future generations of the truth of the Torah's promise (Deuteronomy 4:7): "What nation is so great that it has God [close to it....]"
Similar principles apply with regard to all the other Rabbinic commandments, be they positive commandments or negative commandments.
FOOTNOTES
1.. The term "servile work" refers to any of the labors forbidden on the Sabbath which are not associated with the preparation of food.
2.. The verse is quoted in the above manner in the published texts of the Mishneh Torah. There is, however, a printing error, for on Yom Kippur the Torah forbids all work, even those labors involved in the preparation of food.
3.. Sefer HaMitzvot notes that this prohibition is almost identical with Negative Mitzvah 331, and explains that the Torah forbids such relations with two separate commands so that a person who commits such a sin will be held liable on two counts.
4.. As mentioned in note 15, in Sefer HaMitzvot (General Principle 2), the Rambam states that all of the 613 mitzvot are explicitly mentioned in the Torah and are not dependent on the exegesis of a verse according to the oral tradition. Therefore, in Sefer HaMitzvot, he elaborates in the explanation why this prohibition can be considered a negative commandment of the Torah even though the Torah does not explicitly mention it.
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Hayom Yom:
Wednesday, 25 Kislev, 5775 • 17 December 2014
"Today's Day"
Torah lessons: Chumash: Vayeishev, Shishi with Rashi.
Tehillim: 119, 1-96.
Tanya: And as for the general saying (p. 3)...self-glorification, and so on. (p. 5).
My father would kindle Chanuka lights between Mincha and Maariv; he was not particular1 whether the doorway was south-north or east-west. Haneirot halalu2 he said after kindling all the lights. He would sit near the lights for a half hour, except Fridays when he did not stay that long. He took care that the lights burned at least 50 minutes.
The order we follow is: Mincha, Chanuka lights, then Shabbat candles.
FOOTNOTES
1. In Shul the candles should stand east to west, as in the Sanctuary. Why we are not particular about this at home is not clear. Sefer Haminhagim p. 70, and f.n. 5 ibid.
2. Siddur p. 339
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Daily Thought:
Light's Advantage
There was darkness and there was light. And He chose light.
He didn’t have to choose light. He could have chosen an eternal wrestling match of light and dark. What greater pleasure can there be than the aroma of darkness struck down and transformed to a throne for light?
Nevertheless, he chose light. He chose to set a time for the obliteration of darkness, a time of pure and perfect light. And what does He have from that?
He needs nothing from that. That is the plan He so desired.[Bati L’gani 5731.]
____________________________
Torah lessons: Chumash: Vayeishev, Shishi with Rashi.
Tehillim: 119, 1-96.
Tanya: And as for the general saying (p. 3)...self-glorification, and so on. (p. 5).
My father would kindle Chanuka lights between Mincha and Maariv; he was not particular1 whether the doorway was south-north or east-west. Haneirot halalu2 he said after kindling all the lights. He would sit near the lights for a half hour, except Fridays when he did not stay that long. He took care that the lights burned at least 50 minutes.
The order we follow is: Mincha, Chanuka lights, then Shabbat candles.
FOOTNOTES
1. In Shul the candles should stand east to west, as in the Sanctuary. Why we are not particular about this at home is not clear. Sefer Haminhagim p. 70, and f.n. 5 ibid.
2. Siddur p. 339
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Daily Thought:
Light's Advantage
There was darkness and there was light. And He chose light.
He didn’t have to choose light. He could have chosen an eternal wrestling match of light and dark. What greater pleasure can there be than the aroma of darkness struck down and transformed to a throne for light?
Nevertheless, he chose light. He chose to set a time for the obliteration of darkness, a time of pure and perfect light. And what does He have from that?
He needs nothing from that. That is the plan He so desired.[Bati L’gani 5731.]
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