Today's Laws & Customs:
Today in Jewish History:
Torah translated into Greek (246 BCE)
In a second attempt to translate the Torah into Greek (after an unsuccessful attempt 61 years earlier), the ruling Greek-Egyptian emperor Ptolemy gathered 72 Torah sages, had them sequestered in 72 separate rooms, and ordered them to each produce a translation. On the 8th of Tevet of the year 3515 from creation (246 BCE) they produced 72 corresponding translations, including identical changes in 13 places (where they each felt that a literal translation would constitute a corruption of the Torah's true meaning). This Greek rendition became known as the Septuagint, "of the seventy" (though later versions that carry this name are not believed to be true to the originals). Greek became a significant second language among Jews as a result of this translation. During Talmudic times, Tevet 8 was observed by some as a fast day, expressing the fear of the detrimental effect of the translation.
Links: The Day Before; Translating Truth; more on translation
DAILY QUOTE:
The world was created with ten utterances[Erthics of the Fathers, 5:1]
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:Torah translated into Greek (246 BCE)
In a second attempt to translate the Torah into Greek (after an unsuccessful attempt 61 years earlier), the ruling Greek-Egyptian emperor Ptolemy gathered 72 Torah sages, had them sequestered in 72 separate rooms, and ordered them to each produce a translation. On the 8th of Tevet of the year 3515 from creation (246 BCE) they produced 72 corresponding translations, including identical changes in 13 places (where they each felt that a literal translation would constitute a corruption of the Torah's true meaning). This Greek rendition became known as the Septuagint, "of the seventy" (though later versions that carry this name are not believed to be true to the originals). Greek became a significant second language among Jews as a result of this translation. During Talmudic times, Tevet 8 was observed by some as a fast day, expressing the fear of the detrimental effect of the translation.
Links: The Day Before; Translating Truth; more on translation
DAILY QUOTE:
The world was created with ten utterances[Erthics of the Fathers, 5:1]
DAILY STUDY:
Chumash: Parshat Vayechi, 3rd Portion (Genesis 48:17-48:22) with Rashi
• Chapter 48
17. And Joseph saw that his father was placing his right hand on Ephraim's head, and it displeased him. So he held up his father's hand to remove it from upon Ephraim's head [to place it] on Manasseh's head. יז. וַיַּרְא יוֹסֵף כִּי יָשִׁית אָבִיו יַד יְמִינוֹ עַל רֹאשׁ אֶפְרַיִם וַיֵּרַע בְּעֵינָיו וַיִּתְמֹךְ יַד אָבִיו לְהָסִיר אֹתָהּ מֵעַל רֹאשׁ אֶפְרַיִם עַל רֹאשׁ מְנַשֶּׁה:
So he held up his father’s hand: He lifted it off his son’s head and held it up with his [own] hand.
ויתמך יד אביו: הרימה מעל ראש בנו ותמכה בידו:
18. And Joseph said to his father, "Not so, Father, for this one is the firstborn; put your right hand on his head." יח. וַיֹּאמֶר יוֹסֵף אֶל אָבִיו לֹא כֵן אָבִי כִּי זֶה הַבְּכֹר שִׂים יְמִינְךָ עַל רֹאשׁוֹ:
19. But his father refused, and he said, "I know, my son, I know; he too will become a people, and he too will be great. But his younger brother will be greater than he, and his children['s fame] will fill the nations." יט. וַיְמָאֵן אָבִיו וַיֹּאמֶר יָדַעְתִּי בְנִי יָדַעְתִּי גַּם הוּא יִהְיֶה לְעָם וְגַם הוּא יִגְדָּל וְאוּלָם אָחִיו הַקָּטֹן יִגְדַּל מִמֶּנּוּ וְזַרְעוֹ יִהְיֶה מְלֹא הַגּוֹיִם:
I know, my son, I know: that he is the firstborn.
ידעתי בני ידעתי: שהוא הבכור:
he too will become a people, etc.: for Gideon is destined to be descended from him. [Gideon] through whom the Holy One, blessed be He, will perform a miracle. — [from Midrash Tanchuma Vayechi 6]
גם הוא יהיה לעם וגם הוא יגדל: שעתיד גדעון לצאת ממנו שהקב"ה עושה נס על ידו:
But his younger brother will be greater than he: for Joshua is destined to be descended from him, [and Joshua is] the one who will distribute the inheritances of the land and teach Torah to Israel. — [from Midrash Tanchuma Vayechi 7]
ואולם אחיו הקטן יגדל ממנו: שעתיד יהושע לצאת ממנו שינחיל את הארץ וילמד תורה לישראל:
and his children[’s fame] will fill the nations: The whole world will be filled when his fame and his name are spread when he stops the sun in Gibeon and the moon in the Valley of Ajalon. — [from Abodah Zarah 25a]
וזרעו יהיה מלא הגוים: כל העולם יתמלא בצאת שמעו כשיעמיד חמה בגבעון וירח בעמק אילון:
20. So he blessed them on that day, saying, "With you, Israel will bless, saying, 'May God make you like Ephraim and like Manasseh,' " and he placed Ephraim before Manasseh. כ. וַיְבָרֲכֵם בַּיּוֹם הַהוּא לֵאמוֹר בְּךָ יְבָרֵךְ יִשְׂרָאֵל לֵאמֹר יְשִׂמְךָ אֱלֹהִים כְּאֶפְרַיִם וְכִמְנַשֶּׁה וַיָּשֶׂם אֶת אֶפְרַיִם לִפְנֵי מְנַשֶּׁה:
With you, Israel will bless: Whoever wishes to bless his sons, will bless them with their blessing (with a blessing related to them), and a man will say to his son, “May God make you like Ephraim and like Manasseh.” - [from Sifrei Nasso 18]
בך יברך ישראל: הבא לברך את בניו, יברכם בברכתם ויאמר איש לבנו ישימך א-להים כאפרים וכמנשה:
and he placed Ephraim: Before Manasseh in his blessing, to give him precedence in the groupings [of the tribes in the desert] and [also] at the dedication of [the Tabernacle by] the [tribal] princes. — [from Gen. Rabbah 97:5]
וישם את אפרים: בברכתו לפני מנשה, להקדימו בדגלים ובחנוכת הנשיאים:
21. And Israel said to Joseph, "Behold, I am going to die, and God will be with you, and He will return you to the land of your forefathers. כא. וַיֹּאמֶר יִשְׂרָאֵל אֶל יוֹסֵף הִנֵּה אָנֹכִי מֵת וְהָיָה אֱלֹהִים עִמָּכֶם וְהֵשִׁיב אֶתְכֶם אֶל אֶרֶץ אֲבֹתֵיכֶם:
22. And I have given you one portion over your brothers, which I took from the hand of the Amorite with my sword and with my bow." כב. וַאֲנִי נָתַתִּי לְךָ שְׁכֶם אַחַד עַל אַחֶיךָ אֲשֶׁר לָקַחְתִּי מִיַּד הָאֱמֹרִי בְּחַרְבִּי וּבְקַשְׁתִּי:
And I have given you: Since you are taking the trouble to occupy yourself with my burial, I have given you an inheritance where you will be buried. And which is this? This is Shechem, as it is said:“And Joseph’s bones, which the children of Israel had brought up out of Egypt, they buried in Shechem” (Josh. 24:32).
ואני נתתי לך: לפי שאתה טורח להתעסק בקבורתי, וגם אני נתתי לך נחלה שתקבר בה, ואי זו, זו שכם, שנאמר (יהושע כד לב) ואת עצמות יוסף אשר העלו בני ישראל ממצרים קברו בשכם:
one portion over your brothers: Heb. אַחַד עַל אַחֶי שְׁכֶם, the actual [city of] Shechem, which will be for you one share over your brothers. [Accordingly, we render: Shechem, [which is] one [share] over your brothers.]- [from Gen. Rabbah 97:6]
שכם אחד על אחיך: שכם ממש, היא תהיה לך חלק אחד יתירה על אחיך:
with my sword and with my bow: When Simeon and Levi slew the men of Shechem, all those [nations] around them (Jacob’s sons) assembled to attack them, and Jacob girded weapons of war against them. — [from Gen. Rabbah 97:6, Targum Jonathan ben Uzziel.]Another explanation:“One portion” refers to the birthright, and indicates that his (Joseph’s) sons should take two shares. שְׁכֶם is a word meaning “a portion,” as the Targum renders. There are many similar instances in Scripture:“For You shall place them as a portion (שְׁכֶם)” (Ps. 21:13), You shall place my enemies before me as portions;“I will divide a portion (שְׁכֶם)” (ibid. 60:8);“…murder on the way, שֶׁכְמָה ” (Hos. 6:9), [meaning:] each one his share;“to worship Him of one accord אֶחָד) (שְׁכֶם” (Zeph. 3:9), [meaning: in one group].
בחרבי ובקשתי: כשהרגו שמעון ולוי את אנשי שכם נתכנסו כל סביבותיהם להזדווג להם וחגר יעקב כלי מלחמה כנגדן. דבר אחר שכם אחד היא הבכורה שיטלו בניו שני חלקים, ושכם לשון חלק הוא, והרבה יש לו דומים במקרא (תהלים כא יג) כי תשיתמו שכם, תשית שונאי לפני לחלקים, [(שם ס ח) אחלקה שכם, (הושע ו ט) דרך ירצחו שכמה, איש חלקו], (צפניה ג ט) לעבדו שכם אחד:
which I took from the hand of the Amorite: From the hand of Esau, who behaved like an Amorite (Gen. Rabbah 97:6). Another explanation [of why Esau is called אמֹרִי]: who deceived his father with the sayings (אִמְרֵי) of his mouth.
אשר לקחתי מיד האמורי: מיד עשו שעשה מעשה אמורי. דבר אחר שהיה צד אביו באמרי פיו:
with my sword and with my bow: I.e., his cleverness and his prayer.
בחרבי ובקשתי: היא חכמתו ותפלתו:
___________________________
Daily Tehillim: Psalms Chapters 44-48
• Chapter 44
The psalmist cries and laments painfully over this bitter exile, where we and our Torah are shamed daily, when the nations say that God has exchanged us for another nation, and where we are considered as sheep for the slaughter, as a byword and taunt. It is therefore fitting that God redeem us, for the sake of His great Name that abides with us in exile.
1. For the Conductor, by the sons of Korach, a maskil.1
2. God, with our ears we have heard, our fathers have told us, of the deeds You wrought in their days, in the days of old.
3. You drove out nations with Your hand, and planted [Israel in their place]; You afflicted peoples and banished them.
4. For not by their sword did they inherit the land, and their own arm did not save them, but by Your right hand, Your arm and the light of Your countenance-for You favored them.
5. You are my king, O God; decree the salvation of Jacob.
6. Through You will we gore our adversaries; with Your Name we will trample our opponents.
7. For I do not trust in my bow, and my sword cannot save me.
8. For You have delivered us from our foes, and You shamed those who hate us.
9. In God we glory all day, and forever thank Your Name, Selah.
10. Though You abandon and disgrace us, and do not go forth with our armies;
11. You cause us to retreat from the oppressor, and those who hate us plunder for themselves;
12. You deliver us like sheep to be devoured, and scatter us among the nations;
13. You sell Your nation without gain, and do not set a high price upon them;
14. You make us a disgrace to our neighbors, the scorn and derision of those around us;
15. You make us a byword among the nations, [a cause for] nodding the head among the peoples;
16. all day long my humiliation is before me, and the shame of my face covers me
17. at the voice of the reviler and blasphemer, because of the foe and avenger-
18. all this has come upon us, yet we have not forgotten You, nor have we been false to Your covenant.
19. Our hearts have not retracted, nor have our steps strayed from Your path.
20. Even when You crushed us in the place of serpents, and shrouded us in the shadow of death-
21. did we forget the Name of our God, and extend our hands to a foreign god?
22. Is it not so that God can examine this, for He knows the secrets of the heart.
23. For it is for Your sake that we are killed all the time; we are regarded as sheep for the slaughter.
24. Arise! Why do You sleep, my Lord? Wake up! Do not abandon [us] forever!
25. Why do You conceal Your countenance and forget our affliction and distress?
26. For our souls are bowed to the dust, our bellies cleave to the earth.
27. Arise! Be our help, and redeem us for the sake of Your kindness.
Chapter 45
The psalmist composed this psalm referring to Moshiach. He describes his greatness, his attributes, his glory, his wealth, and his reign; and states that Israel anticipates him, remembering and saying in every generation, "When will King Moshiach come?"
1. For the Conductor, upon the shoshanim,1 By the sons of Korach; a maskil,2 a song of love.
2. My heart is astir with a noble theme; I say, "My composition is for the king;3 my tongue is the pen of a skillful scribe.”
3. You are the most handsome of men, charm is poured upon your lips; therefore has God blessed you forever.
4. Gird your sword upon your thigh, O mighty one-it is your majesty and splendor.
5. And with your splendor, succeed and ride on for the sake of truth and righteous humility; and your right hand will guide you to awesome deeds.
6. Your arrows are sharpened-nations fall beneath you-[the arrows fall] into the hearts of the king's enemies.
7. Your throne, O ruler, is forever and ever, [for] the scepter of justice is the scepter of your kingdom.
8. You love righteousness and hate wickedness; therefore has God, your God, anointed you with oil of joy above your peers.
9. Myrrh, aloes and cassia are [the fragrance] of all your garments, which are from ivory palaces that bring you joy.
10. Daughters of kings visit you, and the queen stands erect at your right hand, adorned in the fine gold of Ophir.
11. Hear, O daughter, and observe, incline your ear; forget your people and your father's house.
12. Then the king will desire your beauty. He is your master-bow to him.
13. The daughter of Tyre, the wealthiest of nations, will seek your favor with a gift.
14. All the glory of the princess is within; her clothing surpasses settings of gold.
15. In embroidered garments she will be brought to the king; the maidens in her train, her companions, will be led to you.
16. They will be brought with gladness and joy, they will enter the palace of the king.
17. Your sons will succeed your fathers; you will appoint them ministers throughout the land.
18. I will cause Your Name to be remembered throughout the generations; therefore will the nations praise You forever and ever.
Chapter 46
This psalm tells of the Gog and Magog era (the Messianic age), when man will cast aside his weapons, and warfare will be no more.
1. For the Conductor, by the sons of Korach, on the alamot,1 a song.
2. God is our refuge and strength, a help in distress, He is most accessible.
3. Therefore, we will not be afraid when the earth is transformed, when mountains collapse in the heart of the seas;
4. when its waters roar and are muddied, and mountains quake before His grandeur, Selah.
5. The river2-its streams will bring joy to the city of God, the sacred dwelling of the Most High.
6. God is in her midst, she will not falter; God will help her at the approach of morning.
7. Nations clamor, kingdoms stumble; He raises His voice and the earth dissolves.
8. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
9. Go and see the works of the Lord, Who has wrought devastation in the land.
10. To the end of the earth He causes wars to cease; He breaks the bow, snaps the spear, and burns the wagons in fire.
11. Stop [waging war]! And know that I am God; I will be exalted among the nations, exalted upon the earth.
12. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
Chapter 47
Following the battle of Gog and Magog (in the Messianic era), war will be no more. God will grant us salvation, and we will merit to go up to the Holy Temple for the festivals, Amen.
1. For the Conductor, a psalm by the sons of Korach.
2. All you nations, clap hands; sound [the shofar] to God with a sound of jubilation.
3. For the Lord is most high, awesome; a great King over all the earth.
4. He subdues peoples under us, nations beneath our feet.
5. He chooses our heritage for us, the glory of Jacob whom He loves eternally.
6. God ascends through teruah, the Lord-through the sound of the shofar.
7. Sing, O sing to God; sing, O sing to our King.
8. For God is King over all the earth; sing, O man of understanding.
9. God reigns over the nations; God is seated on His holy throne.
10. The most noble of the nations are gathered, the nation of the God of Abraham; for the protectors of the earth belong to God; He is greatly exalted.
Chapter 48
The psalmist prophesies about the Messianic era, singing the praises of a rebuilt Jerusalem and the sacrifices brought there. At that time Israel will say, "As we heard from the mouths of the prophets, so have we merited to see!"
1. A song, a psalm by the sons of Korach.
2. The Lord is great and exceedingly acclaimed in the city of God, His holy mountain.
3. Beautiful in landscape, the joy of the whole earth is Mount Zion, on the northern slopes, the city of the great King.
4. In her citadels, God became known as a tower of strength.
5. For behold, the kings assembled, they advanced in concert [to invade her].
6. They saw [the wonders of the Almighty] and were astounded; they were terror-stricken, they hastened to flee.
7. Trembling seized them there, pangs as of a woman in the throes of labor;
8. [they were crushed as] by an east wind that shatters the ships of Tarshish.
9. As we have heard, so have we seen, in the city of the Lord of Hosts, in the city of our God; may God establish it for all eternity.
10. God, we have been hoping for Your kindness [to be revealed] within Your Sanctuary.
11. As Your Name, O God, [is great,] so is Your praise to the ends of the earth; Your right hand is filled with righteousness.
12. Let Mount Zion rejoice, let the towns of Judah exult, because of Your judgments.
13. Walk around Zion, encircle her, count her towers.
14. Consider well her ramparts, behold her lofty citadels, that you may recount it to a later generation.
15. For this God is our God forever and ever; He will lead us eternally.
____________________________
Tanya: Likutei Amarim, end of Chapter 8
• Lessons in Tanya
• Today's Tanya Lesson
Tuesday, 8 Tevet 5775 • 30 December 2014
Likutei Amarim, end of Chapter 8
We shall now learn what is necessary for the rectification of permitted words not spoken for the sake of heaven.
ועל דברים בטלים בהיתר, כגון עם הארץ שאינו יכול ללמוד
As for innocent idle chatter, such as in the case of an ignoramus who cannot study,
He who is able to study is constantly obligated to fulfill the commandment of studying Torah; for him idle chatter is prohibited. For the ignoramus, however, idle chatter may be permissible. But —
צריך לטהר נפשו מטומאה זו דקליפה זו על ידי גלגולה בכף הקלע, כמו שכתוב בזהר, פרשת בשלח דף נ״ט
he must have his soul cleansed from the impurity of this kelipah, through its being rolled in the “Hollow of a Sling,”1 as is stated in the Zohar, Parshat Beshallach, p. 59.
This punishment is described2 as “being slung from one end of the world to the other,” or “from Israel to other lands.” The meaning of this is that the soul is flung from one extreme to the other: First it is shown the truth and preciousness of holiness, and then it is “slung” into and reminded of the thoughts and words it experienced while in the physical world — a most painful experience for the soul.3
אבל לדיבורים אסורים, כמו ליצנות ולשון הרע וכיוצא בהם, שהן משלש קליפות הטמאות לגמרי
But with regard to forbidden speech, such as scoffing and slander and the like, which being prohibited stem from the three completely unclean kelipot,
אין כף הקלע לבדו מועיל לטהר ולהעביר טומאתו מהנפש
the “Hollow of a Sling” (alone) does not suffice to cleanse and remove the impurity of the soul,
רק צריכה לירד לגיהנם
but it (the soul) must descend into Gehinnom (Purgatory — which is a greater punishment and thus more effective in cleansing the soul).
וכן מי שאפשר לו לעסוק בתורה ועוסק בדברים בטלים
So, too, with one who is able to engage in the study of Torah, but occupies himself instead with idle chatter —
אין כף הקלע לבדו מועיל לנפשו למרקה ולזככה
the “Hollow of the Sling” alone cannot effectively scour and cleanse his soul,
רק עונשים חמורים שמענישים על ביטול תורה בפרטות
but it must receive the severe penalties which are meted out for neglect of the Torah in particular,
מלבד עונש הכללי לכל ביטול מצוות עשה מחמת עצלות, בגיהנם של שלג, כמבואר במקום אחר
apart from the general retribution for the neglect of positive commandments through indolence, namely the “Purgatory of Snow,” as is explained elsewhere.4
The purgatory (Gehinnom), where the soul is cleansed of the “stains” of sin so that it may enter Paradise to enjoy the radiance of G‑d’s glory, operates on the principle of “measure for measure,” i.e., punishment in kind. Thus sins of commission caused by the heat of passion and lust are cleansed in a “Gehinnom (nehar, lit., ”stream“) of Fire,” while sins of omission, due to indolence and coolness (i.e., lack of fervor), are cleansed in a “Gehinnom of Snow.”5
וכן העוסק בחכמות אומות העולם בכלל דברים בטלים יחשב לענין עון ביטול תורה, כמו שכתוב בהלכות תלמוד תורה
Occupying oneself with the sciences of the nations of the world is likewise included in the category of engaging in inconsequential matters insofar as the sin of neglecting the Torah is concerned, for in studying the sciences of the nations, too, one is guilty of neglecting Torah study, as is explained in the Laws of Torah Study.6
ועוד זאת, יתירה טומאתה של חכמת האומות על טומאת דברים בטלים
Moreover, the impurity of the science of the nations is greater than the impurity of idle speech;
שאינו מלביש ומטמא רק המדות מיסוד הרוח הקדוש שבנפשו האלקית
for the latter clothe and defile only the emotions [which emanate] from the holy element of ruach (Air) within his divine soul,
בטומאת קליפת נוגה שבדברים בטלים הבאים מיסוד הרוח הרע שבקליפה זו בנפשו הבהמית, כדלעיל
[by tainting them] with the impurity of kelipat nogah contained in idle speech (which is derived from the evil element of ruach (Air, which is one of the components) of this kelipah in his animal soul), as mentioned above.
The G‑dly soul and the animal soul are both composed of four spiritual “elements”: Fire, Air, Water and Earth. The emotions, such as love and fear, which one expresses in idle talk, emanate from the element of Air. Thus, idle speech defiles the emotional attributes of the divine soul, which emanate from the holy element of Air, by using them in the service of the animal soul’s element of Air, i.e., its emotional attributes — which are “impure”, since they derive from kelipat nogah.
ולא בחינות חב״ד שבנפשו, מאחר שהם דברי שטות ובורות
[Idle speech does] not, however, [defile] the levels of ChaBaD (the intellectual faculties) in his soul, for it is but words of foolishness and ignorance,
שגם השוטים ועמי הארץ יכולים לדבר כן
since even fools and ignoramuses can speak that way.
Since these are not intellectual matters, the intellect remains uninvolved and untainted.
מה שאין כן בחכמת האומות הוא מלביש ומטמא בחינות חב״ד שבנפשו האלקית, בטומאת קליפת נוגה שבחכמות אלו
Not so in the case of the science of the nations; thereby one clothes and defiles his divine soul’s faculties of ChaBaD (intellect) with the impurity of the kelipat nogah contained in those sciences,
שנפלו שמה בשבירת הכלים מבחינת אחוריים של חכמה דקדושה, כידוע ליודעי ח״ן
whither they (the sciences) have fallen, through the “shattering of the vessels,” out of the “hinder-part” of Chochmah of holiness, as is known to those familiar with the Esoteric Wisdom.
Thus the study of these sciences contaminates the intellectual faculties of the G‑dly soul, and it is therefore much worse than idle speech, which contaminates only the emotional faculties,
אלא אם כן עושה אותן קרדום לחתוך בהן, דהיינו כדי להתפרנס מהן בריוח לעבוד ה׳
unless one employs them (these sciences) as a useful instrument, viz., as a means of earning a more affluent livelihood with which to be able to serve G‑d,
או שיודע להשתמש בהן לעבודת ה׳ או לתורתו
or unless he knows how to apply them (the sciences) in the service of G‑d or to his better understanding of His Torah; e.g., he utilizes mathematics to better understand the laws of the Sanctification of the New Moon.
וזהו טעמו של הרמב״ם ורמב״ן ז״ל וסיעתן שעסקו בהן
This is the reason why Maimonides and Nachmanides, of blessed memory, and their peers, engaged in them (in the sciences — since they were able to utilize this knowledge in the service of G‑d and Torah).
Regarding that which was stated at the beginning of this chapter that a thing prohibited even by Rabbinic enactment remains attached to the three unclean kelipot and cannot be elevated to holiness, even when it is used unwittingly and for the sake of heaven (i.e., in order to have strength to study and pray), — the following story is worth relating:
A chassid once came to the Alter Rebbe lamenting the fact that his son-in-law was subject to periods when he would doubt his faith. The Alter Rebbe responded that the son-in-law had unwittingly consumed milk which was milked by a non-Jew, with no Jew in attendance. Though he was unaware of this fact, and though the prohibition against such milk is only of Rabbinic origin, this had so strong an effect upon him that it caused him to doubt his faith. The Alter Rebbe then proceeded to tell the chassid how the matter could be rectified, thereby healing the son-in-law of his spiritual malady.
——— ● ———
FOOTNOTES
1. See I Shmuel 25:29: “He shall sling out the souls of your enemies, as out of the hollow of a sling.”
2. Shabbat 152b.
3. Rabbi Joseph I. Schneersohn (sixth CHaBaD Rebbe) once stated that reciting from memory words of Torah — such as Chumash, Mishnah, Tehillim or Tanya — whenever one goes about his affairs, protects one from this punishment (in addition to its intrinsic value as Torah study, and its efficacy in “purifying the atmosphere”).
4. Rabbi Isaac Luria, Likutei Torah, Shmot. See also Zohar I, 62b; 237b; II, 150a-b.
5. Another interpretation is that the “Gehinnom of Snow” cures the soul of the spiritual “frostbite” which caused it to sin out of indolence. The Rebbe rejects this interpretation on the basis of the passage in Likutei Torah cited in note 8.
6. 3:7. The Alter Rebbe’s first printed work was a treatise on the Laws of Torah Study (Hilchot Talmud Torah), first published in Shklov, 1794 (5554), and subsequently incorporated in his Shulchan Aruch.
____________________________
Rambam:
Daily Mitzvah N35, N38, N36, N37, N34, N43, N44, N40, N39, N41, N45, N171 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 8 Tevet, 5775 • 30 December 2014
Negative Commandment 35 (Digest)
Incantations
"There shall not be found among you... a charmer"—Deuteronomy 18:10-11.
It is forbidden to chant a magical incantation in the belief that it can offer relief. For example, in times ago people would whisper a certain incantation over a snake or scorpion bite, in the belief that it would alleviate the pain.
The 35th prohibition is that we are forbidden from practicing the ritual of chover ["incantations"], which is the recitation of utterances1 that the person believes are helpful for certain things and damaging for others.
The source of this commandment is G‑d's statement (exalted be He),2 "Among you there shall not be found anyone...who utters incantations ['chover chaver']."
In the words of the Sifri, "The prohibition of uttering incantations applies whether they are directed to a snake or to a scorpion." This means that he utters these incantations over them because he imagines that as a result they will not bite, or that he speaks over the location of the bite in order to stop the pain.
One who transgresses this prohibition is punished by lashes.3
The details of this mitzvah have been explained in the seventh chapter of tractate Shabbos.4
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.In Hilchos Avodah Zarah 11:10, the Rambam elaborates: "He makes utterances that are not in any language and that have no meaning — and in his foolishness he believes that these utterances have some effect."
2.Deut. 18:10-11.
3.In Hilchos Avodah Zarah ibid., the Rambam adds that lashes are given only where an action was performed in addition to the speaking, such as one who gestures with his hand or head, or who holds a key or a stone while speaking.
4.In our versions, Chapter Six, page 67a.
________________________________________
Negative Commandment 38 (Digest)
Communication with the Dead
"There shall not be found among you... a necromancer"—Deuteronomy 18:11.
It is forbidden to do any act that supposedly elicits information from the dead. The Talmud speaks of people who would abstain from food and go to sleep in a cemetery—in the hope that the dead would appear and communicate with them.
The 38th prohibition is that we are forbidden from inquiring information from the dead — as is imagined by those who are truly dead,1 even thought they eat and feel — that when one performs certain actions and dresses a certain way, the deceased will come to him in his sleep and answer the questions he was asked.
The source of this commandment is G‑d's statement (exalted be He),2 "Among you there shall not be found anyone...who attempts to communicate with the dead."
Our Sages said in tractate Sanhedrin,3 "The verse,4 'who attempts to communicate with the dead,' refers to someone who starves himself and sleeps in the cemetery in order that an impure spirit shall rest upon him."
One who transgresses this prohibition is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See Berachos 18b, that, "The wicked, even during their lifetime, are called 'dead.'"
2.Deut. 18:10-11.
3.65b.
4.Deut. 18:11.
________________________________________
Negative Commandment 36 (Digest)
Consulting Ov
"There shall not be found among you... one who inquires of Ov"—Deuteronomy 18:10-11.
The Torah forbids us from consulting with an Ov practitioner, to ask him for advice or information based on his Ov experience.
The Ov practice consisted of burning a certain incense and doing certain acts known to the Ov followers. At that point, it would seem to the person engaging in these acts that he hears a voice emanating from beneath his armpit, which would answer questions that he posed.
The 36th prohibition is that we are forbidden from requesting information or an answer to a question from one who performs the practice of ov.1
The source of this commandment is G‑d's statement (exalted be He),2 "Among you there shall not be found anyone...who consults ov."
One who transgresses this prohibition, i.e. who consults the practitioner of ov, is not punished by death.3 It is nevertheless forbidden.4
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See N8, where the idolatrous practice of "ov" is described as burning a specific type of incense and performing certain actions. The person then imagines that he hears a voice speaking from under his armpit answering his questions. N8 is the prohibition of performing these acts, and N36 is the prohibition on one who goes to the practitioner.
2.Deut. 18:10-11.
3.In contrast to N8, which is a capital offense.
4.In Hilchos Avodah Zarah 11:14, the Rambam rules that if one acts based on the advice he receives, he is punished by lashes. If he merely consults the ov, but does not behave differently based on the advice, he receives lashes by Rabbinic decree, since no action was performed.
________________________________________
Negative Commandment 37 (Digest)
Consulting Yi'doni
"There shall not be found among you... one who inquires of Yid'oni"—Deuteronomy 18:10-11.
The Torah forbids us from consulting with a Yid'oni practitioner, to ask him for advice or information based on his Yid'oni experience.
The Yid'oni practice consisted of inserting into one's mouth a bone from the yidoa fowl. After then burning incense, saying certain formulas and doing certain rites, the person would enter a trance-like state, and he would begin issuing predictions about the future.
The 37th prohibition is that we are forbidden from requesting information or an answer to a question from one who performs the practice of yidoni.1
The source of this commandment is G‑d's statement,2 "Among you there shall not be found anyone...who consults ov or yidoni."
In the words of the Sifra, "[In the verse],3 'Do not turn to the idols called ov or yidoni,' ov refers to a pitom4 who speaks5 from his armpit, and yidoni is one who speaks6 from his mouth. They are punished by stoning, and the one who consults them transgresses a prohibition.7
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See N9, where the Rambam quotes the description of the Sages, "Yidoni is when the person places a bone from a yadu'a in his mouth, and it speaks by itself."
2.Deut. 18:10-11.
3.Lev.19:31.
4.The Pitom is the one who performs this ritual (Rashi, Sanhedrin 65a). See N8.
5.I.e. imagines that he hears speaking. See note to N36 above.
6.I.e. imagines that he hears speaking. See note to N36 above.
7.But is not punished by stoning. Regarding lashes, see note to N36 above.
________________________________________
Negative Commandment 34 (Digest)
Witchcraft
"There shall not be found among you...one who practices witchcraft"—Deuteronomy 18:10.
We are forbidden from engaging in any form of magic or witchcraft.
The 34th prohibition is that we are forbidden from performing any act of witchcraft.
The source of this commandment is G‑d's statement (exalted be He),1 "Among you there shall not be found anyone...who practices witchcraft."
One who transgresses this prohibition intentionally is punished by stoning, as said in G‑d's statement (exalted be He),2 "Do not allow a sorceress to live." If he did so unintentionally he must bring a sin-offering,
The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.3
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 18:10.
2.Exodus 22:17.
3.67a.
________________________________________
Negative Commandment 43 (Digest)
Sideburns
"You shall not round the corners of your heads"—Leviticus 19:27.
It is forbidden for a man to cut off his sideburns, leaving his hairline rounded at the sides, for such was the practice of ancient idol-worshippers. (This prohibition also applies if one cuts all his hair. Even if there is no hairline, the sideburns must never be cut off.)
The 43rd prohibition is that we are forbidden from shaving1 the temples of our heads.
The source of this commandment is G‑d's statement (exalted be He),2 "Do not round off the corners of your head."
This prohibition also3 has the goal of preventing us from emulating idol worshippers, since it was the practice of idol worshippers to shave only the sides [of their heads]. For this reason the Sages had to explain in Tractate Yevamos4 that, "Shaving the entire head is also included in the prohibition of 'rounding,'" so that you should not say that the actual prohibition is shaving the temples and leaving the rest of the hair, as the idolatrous priests do; but if you shave the entire head, you are not emulating them. The Sages therefore informed us that it is prohibited to shave the temples in any manner — not by themselves and not with the rest of the head.
One is punished by lashes separately for each side; therefore one who shaves his entire head receives two sets of lashes. We do not count them as two separate commandments although there are two sets of lashes because there are no two phrases [in Scripture] for the one prohibition. If Scripture would say, "Do not round off the right corner of your head nor the left corner of your head," and we would find [that our Sages] stipulated two sets of lashes, then we could count them as two commandments. But since there is only one expression and one type of action, it counts as one commandment. And even though this prohibition is explained as including different parts of the body, and that one receives lashes for each part separately, this does not require it to be counted as more than one commandment.
The details of this mitzvah have been explained at the end of tractate Makkos.5 Women are exempt from this prohibition.6
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See Kapach 5731, footnote 13.
2.Lev.19:27.
3.As with the previous prohibitions.
4.5a.
5.20a.
6.In Hilchos Avodah Zarah 12:2, the Rambam quotes tractate Kiddushin 35b, and explains that this prohibition is in the same verse as the prohibition against shaving the beard. Just as the prohibition of shaving does not apply to women, so too this prohibition does not apply to women. See Kesef Mishneh, ibid.
________________________________________
Negative Commandment 44 (Digest)
Shaving
"You shall not destroy the corners of your beard"—Leviticus 19:27.
It is forbidden for a man to shave with a razor (or razor-like implement) the "corners" of his beard. The Sages identified five corners: the upper right cheek, the lower right cheek, the upper left cheek, the lower left cheek, and the chin. Shaving the beards with razors was the way of ancient pagan priests.
The 44th prohibition is that we are forbidden from shaving the beard, which has five sections: the upper right jaw, the upper left jaw, the lower right jaw, the lower left jaw, and the chin.
This prohibition is contained in the following expression,1 "Do not destroy the corner of your beard," because all [the parts] are included in the term, "beard." Scripture does not write, "Do not destroy your beard," but, "Do not destroy the corner of your beard," meaning that one may not destroy even one corner from the entire beard.
The Oral Tradition explains that there are five corners, as we have categorized, and that one is punished by five sets of lashes if he shaves them all, even if he shaved them all at once. In the words of the Mishneh,2 "For [shaving] the beard [one receives] five [sets of lashes]: two for one side, two for the other side, and one for the bottom. Rabbi Eliezer says, 'If they were all shaved at once, one receives only one [set of lashes].'" The Talmud3 says, "We see that Rabbi Eliezer holds that it is all one prohibition." This is a clear proof that the first opinion holds that they constitute five separate prohibitions, and that is the law.
This [shaving of the beard] was also4 the practice of the idolatrous priests, as is well known today that among the adornments of the European ascetics5 is that they shave their beards.
It does not count as five separate commandments, since the prohibition is expressed in the singular ["beard"] and there is only one type of action, as we explained in the previous commandment.
The details of this mitzvah have been explained in the end of Makkos. This prohibition is also not binding upon women.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev.19:27.
2.Makkos 3:5.
3.Ibid. 21a.
4.As was the case with the previous prohibitions.
5.The Rambam L'am edition translates, "European priests. Ibn Tibbon translates, "idolatrous priests." This seems to be the source of the vernacular reference, "galach," for a priest.
________________________________________
Negative Commandment 40 (Digest)
Men Cross-Dressing
"A man shall not put on a woman's garment"—Deuteronomy 22:5.
It is forbidden for a man to don clothing or ornaments that are considered women's garment or gear in that locale. There are two reasons why a man would wear women's clothing, both anathema to G‑d: a) To facilitate lewd behavior, or b) in conformance with once-prevalent idolatrous ritual.
The 40th prohibition is that men are also1 forbidden from adorning themselves with women's ornaments.
The source of this commandment is G‑d's statement,2 "A man shall not wear a woman's garment."
Any man who adorns3 himself or wears an article which is known in that place to be specifically for women is punished by lashes.
You should know that this practice — of women adorning themselves with male articles or men with female articles — is sometimes done to arouse lust, as is well known among the nations; and sometimes done as a kind of idolatrous worship, as explained in books dealing with this subject.4 It is often stipulated in making some kame'ot5 that if a man is making it, he must wear women's clothing, and wear gold jewelry, pearls and the like; and if a woman is making it, she must wear armor and weapons. This is very well known among those who practice it.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.In addition to N39, which prohibits a woman from wearing men's garments. In the original Sefer HaMitzvos, that commandment comes first, but in his legal code (which is the order followed in this edition), he lists N40 before N39.
2.Deut. 22:5.
3.Kapach 5731, footnote 1 points out that this choice of words comes to include a man dying white hair black (see Hilchos Avodah Zarah 12:10).
4.See Guide to the Perplexed, Section III, Chapter 37, where the Rambam quotes the book, "Tumtum," as saying that when a men stands to serve Venus, he must wear a colored woman's garment, and when a woman stands to serve Mars, she must wear armor and weapons.
5.This term refers to a parchment bearing written letters or marks, or a collection of herbs and spices.
________________________________________
Negative Commandment 39 (Digest)
Women Cross-Dressing
"A woman shall not wear that which pertains to a man"—Deuteronomy 22:5.
It is forbidden for a woman to don clothing or ornaments that are considered men's garment or gear in that locale.
The 39th prohibition is that we are forbidden from walking in the ways of heretics in that women wear male garments and their adornments.1
The source of this commandment is G‑d's statement (exalted be He),2 "No male article shall be on a woman."
Any woman who wears a male article — which is known in that place to be specifically for men — is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.This includes wearing armor or weapons (see N40 and Hilchos Avodah Zarah 12:10). It also includes cutting her hair as a man does (ibid.) or going with her hair uncovered (ibid. according to the Yemenite manuscripts quoted by Kapach 5731, footnote 99. These manuscripts have "t'galeh," ["uncovered"] with the letter "hei" instead of "t'gale'ach" ["cut"] with the letter "chet").
2.Deut. 22:5.
________________________________________
Negative Commandment 41 (Digest)
Tattoos
"You shall not print any marks upon you"—Leviticus 19:28.
We are forbidden from tattooing our bodies. Tattooing was common practice amongst the ancient idol-worshippers.
The 41st prohibition is that we are forbidden from tattooing our bodies with blue, red or other markings, as is done by idol worshippers and common among the Copts to this day.
The source of this prohibition is G‑d's statement (exalted be He),1 "Do not make any tattoo marks."
One who transgresses this prohibition is punished by lashes.2
The details of this mitzvah have been explained in the end of tractate Makkos.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev.19:28.
2.In Hilchos Avodah Zarah 12:11, the Rambam adds that this applies to the one who engraves the tattoo. The one who receives it is punished by lashes only if he actually helps in the engraving (rather than sitting passively).
________________________________________
Negative Commandment 45 (Digest)
Scarring
"You shall not cut yourselves"—Deuteronomy 14:1.
It is forbidden to cut ourselves in the course of mourning a deceased—as this was a common practice amongst idol-worshippers. It is also forbidden to follow the ancient practice of self-mutilation as part of pagan ritual.
The 45th prohibition is that we are forbidden from intentionally bruising ourselves, as the idol worshippers do.
The source of this commandment is G‑d's statement (exalted be He),1 "Do not mutilate yourselves (lo sis'godidu)." This prohibition is repeated in different words:2 "Do not make cuts in your skin for the dead."
It has been explained in the Talmudic tractate Yevamos3 that the verse, "Do not mutilate yourselves," is needed for itself4, i.e. to teach us that one may not mutilate oneself for someone who died.
Our Sages said in tractate Makkos5 that "s'rita"6 and "g'didah"7 are the same.8 There it is also explained that [for cutting oneself] for the dead, one incurs punishment whether done by hand or with an instrument. [If one cut oneself] for an idol, one incurs punishment only when done with an instrument, as is written in the Prophets,9 "They cut themselves with swords and spears, according to their custom." When done by hand, however, one is exempt.10
Our Sages11 said that this prohibition also includes not stating conflicting messages12 or having public disagreement. They said, "The phrase "lo sis'godidu" means not to make different groups (agudos)." This is like a drash13; the verse itself they explain as meaning that one may not mutilate oneself for someone who died.
So too their statement,14 "Anyone who carries on a dispute transgresses a prohibition, as it is written,15 'Do not be like Korach and his congregation,'" is also a type of drash. As our Sages explain, the verse itself is a warning and a negative statement, not a prohibition.16 Our Sages explained that G‑d notified that anyone in future generations who disagrees with [the status of] the Kohanim and claims it for himself will not meet the same fate as Korach and will not be punished by being swallowed up.17 His punishment will instead be,18 "As G‑d said to him through [literally, 'by the hand of'] Moses," i.e. tzora'as, as G‑d (exalted be He) told Moshe,19 "Place your hand on your chest [… and his hand was covered with tzora'as like snow]," and as is explained regarding Uzziah.20
To return to this prohibition, its details have been explained in the end of Makkos,21 and one who transgresses it is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 14:1.
2.Lev.19:28.
3.13b.
4.The Talmud previously tried to establish that the phrase, "lo tit'god'du," prohibits different communities observing different practices. To this the Talmud responds that the phrase is needed "for itself." See below in this commandment.
5.21a.
6."Do not make cuts," from Lev. 19:28.
7."Do not mutilate," from Deut. 14:1.
8.This proves that the two verses refer to the same act and therefore count as just one prohibition.
9.Kings I, 18:28, referring to the false prophets of the idol Baal when they were tested by Elijah.
10.Although he is not punished with lashes, he nevertheless transgresses the prohibition.
11.Yevamos 13b.
12.Kapach 5731, in footnote 31 and P173, footnote 55, insists that the Arabic original is mistranslated by others, and was changed without his knowledge in the Rambam L'am edition.
13."An interpretation," seeming to indicate that the prohibition is Rabbinic in nature. In Hilchos Avodah Zarah (12:14), however, the Rambam seems to rule that it is included in the Biblical prohibition. See Kapach's edition of Mishneh Torah (ibid. footnote 34), S'dei Chemed (Klal Lamed, 78), and the sources quoted in Mishneh Torah, Frankel edition, Sefer HaMafte'ach, p. 479.
14.Sanhedrin 110a.
15.Num.17:5.
16.See Introductory Principle Eight, which discusses this commandment in particular.
17.Num. 16:32.
18.Ibid. 17 :5.
19.Exodus 4:6.
20.Chronicles II, 26:19. See Tanchuma, Tzav 15, and Introductory Principle Eight, where this interpretation is explained. King Uzziah attempted to usurp the position of Kohen, as Korach did, by offering incense in the Temple. His punishment, however, was tzora'as, rather than being swallowed up in the ground as Korach was. The Tanchuma learns that the statement, "Do not be like Korach and his congregation, as G‑d said to him by the hand of Moses," alludes to the fact that subsequent generations will be punished in this manner. This is because the phrase, "by the hand of Moses," alludes to "the hand of Moses" being covered with tzora'as in Exodus 4:6.
21.20a.
________________________________________
Negative Commandment 171 (Digest)
Tearing Out Hair
"Do not make any baldness between your eyes for the dead"—Deuteronomy 14:1.
When a loved one dies, we mustn't allow our anguish to cause us to rip out our hair leaving a bald spot.
The 171st prohibition is that we are forbidden from tearing our hair from our head for someone who died, as the fools do.
The source of this prohibition is G‑d's statement,1 "Do not make a bald patch between your eyes for the dead."
This prohibition is repeated regarding Kohanim,2 "They shall not make bald patches on their head," in order to complete the commandment. From the phrase, "between your eyes," we would think that the prohibition applies only to the front of the head. The other verse therefore explains, "They shall not make bald patches on their head," to make the prohibition apply to the entire head as it does to "between your eyes." [On the other hand,] if it would only say, "They shall not make bald patches on their head," we would think it applies whether it is done for the dead or for another reason. The other verse therefore explains, "for the dead."
Whoever makes a bald patch the size of a "gris"3 by tearing the hair from his head for the dead is punished by lashes. He is punished by one set of lashes for each bald patch, regardless of whether he is a Kohen Gadol or a regular Jew.
This that Scripture repeats the prohibition regarding Kohanim,4 "They shall not shave the corners of their beards, not shall they make cuts in their flesh," is also to complete the commandment, as explained in the end of Makkos.5
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 14:1.
2.Lev.21:5.
3.Literally, a bean. In modern terms, this between 14-21 mm in diameter. See Shiurei Torah 3:20.
4.Lev. 21:5.
5.21a.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
Daily Mitzvah N35, N38, N36, N37, N34, N43, N44, N40, N39, N41, N45, N171 Sefer Hamitzvot
Today's Mitzvah
Tuesday, 8 Tevet, 5775 • 30 December 2014
Negative Commandment 35 (Digest)
Incantations
"There shall not be found among you... a charmer"—Deuteronomy 18:10-11.
It is forbidden to chant a magical incantation in the belief that it can offer relief. For example, in times ago people would whisper a certain incantation over a snake or scorpion bite, in the belief that it would alleviate the pain.
The 35th prohibition is that we are forbidden from practicing the ritual of chover ["incantations"], which is the recitation of utterances1 that the person believes are helpful for certain things and damaging for others.
The source of this commandment is G‑d's statement (exalted be He),2 "Among you there shall not be found anyone...who utters incantations ['chover chaver']."
In the words of the Sifri, "The prohibition of uttering incantations applies whether they are directed to a snake or to a scorpion." This means that he utters these incantations over them because he imagines that as a result they will not bite, or that he speaks over the location of the bite in order to stop the pain.
One who transgresses this prohibition is punished by lashes.3
The details of this mitzvah have been explained in the seventh chapter of tractate Shabbos.4
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.In Hilchos Avodah Zarah 11:10, the Rambam elaborates: "He makes utterances that are not in any language and that have no meaning — and in his foolishness he believes that these utterances have some effect."
2.Deut. 18:10-11.
3.In Hilchos Avodah Zarah ibid., the Rambam adds that lashes are given only where an action was performed in addition to the speaking, such as one who gestures with his hand or head, or who holds a key or a stone while speaking.
4.In our versions, Chapter Six, page 67a.
________________________________________
Negative Commandment 38 (Digest)
Communication with the Dead
"There shall not be found among you... a necromancer"—Deuteronomy 18:11.
It is forbidden to do any act that supposedly elicits information from the dead. The Talmud speaks of people who would abstain from food and go to sleep in a cemetery—in the hope that the dead would appear and communicate with them.
The 38th prohibition is that we are forbidden from inquiring information from the dead — as is imagined by those who are truly dead,1 even thought they eat and feel — that when one performs certain actions and dresses a certain way, the deceased will come to him in his sleep and answer the questions he was asked.
The source of this commandment is G‑d's statement (exalted be He),2 "Among you there shall not be found anyone...who attempts to communicate with the dead."
Our Sages said in tractate Sanhedrin,3 "The verse,4 'who attempts to communicate with the dead,' refers to someone who starves himself and sleeps in the cemetery in order that an impure spirit shall rest upon him."
One who transgresses this prohibition is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See Berachos 18b, that, "The wicked, even during their lifetime, are called 'dead.'"
2.Deut. 18:10-11.
3.65b.
4.Deut. 18:11.
________________________________________
Negative Commandment 36 (Digest)
Consulting Ov
"There shall not be found among you... one who inquires of Ov"—Deuteronomy 18:10-11.
The Torah forbids us from consulting with an Ov practitioner, to ask him for advice or information based on his Ov experience.
The Ov practice consisted of burning a certain incense and doing certain acts known to the Ov followers. At that point, it would seem to the person engaging in these acts that he hears a voice emanating from beneath his armpit, which would answer questions that he posed.
The 36th prohibition is that we are forbidden from requesting information or an answer to a question from one who performs the practice of ov.1
The source of this commandment is G‑d's statement (exalted be He),2 "Among you there shall not be found anyone...who consults ov."
One who transgresses this prohibition, i.e. who consults the practitioner of ov, is not punished by death.3 It is nevertheless forbidden.4
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See N8, where the idolatrous practice of "ov" is described as burning a specific type of incense and performing certain actions. The person then imagines that he hears a voice speaking from under his armpit answering his questions. N8 is the prohibition of performing these acts, and N36 is the prohibition on one who goes to the practitioner.
2.Deut. 18:10-11.
3.In contrast to N8, which is a capital offense.
4.In Hilchos Avodah Zarah 11:14, the Rambam rules that if one acts based on the advice he receives, he is punished by lashes. If he merely consults the ov, but does not behave differently based on the advice, he receives lashes by Rabbinic decree, since no action was performed.
________________________________________
Negative Commandment 37 (Digest)
Consulting Yi'doni
"There shall not be found among you... one who inquires of Yid'oni"—Deuteronomy 18:10-11.
The Torah forbids us from consulting with a Yid'oni practitioner, to ask him for advice or information based on his Yid'oni experience.
The Yid'oni practice consisted of inserting into one's mouth a bone from the yidoa fowl. After then burning incense, saying certain formulas and doing certain rites, the person would enter a trance-like state, and he would begin issuing predictions about the future.
The 37th prohibition is that we are forbidden from requesting information or an answer to a question from one who performs the practice of yidoni.1
The source of this commandment is G‑d's statement,2 "Among you there shall not be found anyone...who consults ov or yidoni."
In the words of the Sifra, "[In the verse],3 'Do not turn to the idols called ov or yidoni,' ov refers to a pitom4 who speaks5 from his armpit, and yidoni is one who speaks6 from his mouth. They are punished by stoning, and the one who consults them transgresses a prohibition.7
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See N9, where the Rambam quotes the description of the Sages, "Yidoni is when the person places a bone from a yadu'a in his mouth, and it speaks by itself."
2.Deut. 18:10-11.
3.Lev.19:31.
4.The Pitom is the one who performs this ritual (Rashi, Sanhedrin 65a). See N8.
5.I.e. imagines that he hears speaking. See note to N36 above.
6.I.e. imagines that he hears speaking. See note to N36 above.
7.But is not punished by stoning. Regarding lashes, see note to N36 above.
________________________________________
Negative Commandment 34 (Digest)
Witchcraft
"There shall not be found among you...one who practices witchcraft"—Deuteronomy 18:10.
We are forbidden from engaging in any form of magic or witchcraft.
The 34th prohibition is that we are forbidden from performing any act of witchcraft.
The source of this commandment is G‑d's statement (exalted be He),1 "Among you there shall not be found anyone...who practices witchcraft."
One who transgresses this prohibition intentionally is punished by stoning, as said in G‑d's statement (exalted be He),2 "Do not allow a sorceress to live." If he did so unintentionally he must bring a sin-offering,
The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.3
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 18:10.
2.Exodus 22:17.
3.67a.
________________________________________
Negative Commandment 43 (Digest)
Sideburns
"You shall not round the corners of your heads"—Leviticus 19:27.
It is forbidden for a man to cut off his sideburns, leaving his hairline rounded at the sides, for such was the practice of ancient idol-worshippers. (This prohibition also applies if one cuts all his hair. Even if there is no hairline, the sideburns must never be cut off.)
The 43rd prohibition is that we are forbidden from shaving1 the temples of our heads.
The source of this commandment is G‑d's statement (exalted be He),2 "Do not round off the corners of your head."
This prohibition also3 has the goal of preventing us from emulating idol worshippers, since it was the practice of idol worshippers to shave only the sides [of their heads]. For this reason the Sages had to explain in Tractate Yevamos4 that, "Shaving the entire head is also included in the prohibition of 'rounding,'" so that you should not say that the actual prohibition is shaving the temples and leaving the rest of the hair, as the idolatrous priests do; but if you shave the entire head, you are not emulating them. The Sages therefore informed us that it is prohibited to shave the temples in any manner — not by themselves and not with the rest of the head.
One is punished by lashes separately for each side; therefore one who shaves his entire head receives two sets of lashes. We do not count them as two separate commandments although there are two sets of lashes because there are no two phrases [in Scripture] for the one prohibition. If Scripture would say, "Do not round off the right corner of your head nor the left corner of your head," and we would find [that our Sages] stipulated two sets of lashes, then we could count them as two commandments. But since there is only one expression and one type of action, it counts as one commandment. And even though this prohibition is explained as including different parts of the body, and that one receives lashes for each part separately, this does not require it to be counted as more than one commandment.
The details of this mitzvah have been explained at the end of tractate Makkos.5 Women are exempt from this prohibition.6
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.See Kapach 5731, footnote 13.
2.Lev.19:27.
3.As with the previous prohibitions.
4.5a.
5.20a.
6.In Hilchos Avodah Zarah 12:2, the Rambam quotes tractate Kiddushin 35b, and explains that this prohibition is in the same verse as the prohibition against shaving the beard. Just as the prohibition of shaving does not apply to women, so too this prohibition does not apply to women. See Kesef Mishneh, ibid.
________________________________________
Negative Commandment 44 (Digest)
Shaving
"You shall not destroy the corners of your beard"—Leviticus 19:27.
It is forbidden for a man to shave with a razor (or razor-like implement) the "corners" of his beard. The Sages identified five corners: the upper right cheek, the lower right cheek, the upper left cheek, the lower left cheek, and the chin. Shaving the beards with razors was the way of ancient pagan priests.
The 44th prohibition is that we are forbidden from shaving the beard, which has five sections: the upper right jaw, the upper left jaw, the lower right jaw, the lower left jaw, and the chin.
This prohibition is contained in the following expression,1 "Do not destroy the corner of your beard," because all [the parts] are included in the term, "beard." Scripture does not write, "Do not destroy your beard," but, "Do not destroy the corner of your beard," meaning that one may not destroy even one corner from the entire beard.
The Oral Tradition explains that there are five corners, as we have categorized, and that one is punished by five sets of lashes if he shaves them all, even if he shaved them all at once. In the words of the Mishneh,2 "For [shaving] the beard [one receives] five [sets of lashes]: two for one side, two for the other side, and one for the bottom. Rabbi Eliezer says, 'If they were all shaved at once, one receives only one [set of lashes].'" The Talmud3 says, "We see that Rabbi Eliezer holds that it is all one prohibition." This is a clear proof that the first opinion holds that they constitute five separate prohibitions, and that is the law.
This [shaving of the beard] was also4 the practice of the idolatrous priests, as is well known today that among the adornments of the European ascetics5 is that they shave their beards.
It does not count as five separate commandments, since the prohibition is expressed in the singular ["beard"] and there is only one type of action, as we explained in the previous commandment.
The details of this mitzvah have been explained in the end of Makkos. This prohibition is also not binding upon women.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev.19:27.
2.Makkos 3:5.
3.Ibid. 21a.
4.As was the case with the previous prohibitions.
5.The Rambam L'am edition translates, "European priests. Ibn Tibbon translates, "idolatrous priests." This seems to be the source of the vernacular reference, "galach," for a priest.
________________________________________
Negative Commandment 40 (Digest)
Men Cross-Dressing
"A man shall not put on a woman's garment"—Deuteronomy 22:5.
It is forbidden for a man to don clothing or ornaments that are considered women's garment or gear in that locale. There are two reasons why a man would wear women's clothing, both anathema to G‑d: a) To facilitate lewd behavior, or b) in conformance with once-prevalent idolatrous ritual.
The 40th prohibition is that men are also1 forbidden from adorning themselves with women's ornaments.
The source of this commandment is G‑d's statement,2 "A man shall not wear a woman's garment."
Any man who adorns3 himself or wears an article which is known in that place to be specifically for women is punished by lashes.
You should know that this practice — of women adorning themselves with male articles or men with female articles — is sometimes done to arouse lust, as is well known among the nations; and sometimes done as a kind of idolatrous worship, as explained in books dealing with this subject.4 It is often stipulated in making some kame'ot5 that if a man is making it, he must wear women's clothing, and wear gold jewelry, pearls and the like; and if a woman is making it, she must wear armor and weapons. This is very well known among those who practice it.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.In addition to N39, which prohibits a woman from wearing men's garments. In the original Sefer HaMitzvos, that commandment comes first, but in his legal code (which is the order followed in this edition), he lists N40 before N39.
2.Deut. 22:5.
3.Kapach 5731, footnote 1 points out that this choice of words comes to include a man dying white hair black (see Hilchos Avodah Zarah 12:10).
4.See Guide to the Perplexed, Section III, Chapter 37, where the Rambam quotes the book, "Tumtum," as saying that when a men stands to serve Venus, he must wear a colored woman's garment, and when a woman stands to serve Mars, she must wear armor and weapons.
5.This term refers to a parchment bearing written letters or marks, or a collection of herbs and spices.
________________________________________
Negative Commandment 39 (Digest)
Women Cross-Dressing
"A woman shall not wear that which pertains to a man"—Deuteronomy 22:5.
It is forbidden for a woman to don clothing or ornaments that are considered men's garment or gear in that locale.
The 39th prohibition is that we are forbidden from walking in the ways of heretics in that women wear male garments and their adornments.1
The source of this commandment is G‑d's statement (exalted be He),2 "No male article shall be on a woman."
Any woman who wears a male article — which is known in that place to be specifically for men — is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.This includes wearing armor or weapons (see N40 and Hilchos Avodah Zarah 12:10). It also includes cutting her hair as a man does (ibid.) or going with her hair uncovered (ibid. according to the Yemenite manuscripts quoted by Kapach 5731, footnote 99. These manuscripts have "t'galeh," ["uncovered"] with the letter "hei" instead of "t'gale'ach" ["cut"] with the letter "chet").
2.Deut. 22:5.
________________________________________
Negative Commandment 41 (Digest)
Tattoos
"You shall not print any marks upon you"—Leviticus 19:28.
We are forbidden from tattooing our bodies. Tattooing was common practice amongst the ancient idol-worshippers.
The 41st prohibition is that we are forbidden from tattooing our bodies with blue, red or other markings, as is done by idol worshippers and common among the Copts to this day.
The source of this prohibition is G‑d's statement (exalted be He),1 "Do not make any tattoo marks."
One who transgresses this prohibition is punished by lashes.2
The details of this mitzvah have been explained in the end of tractate Makkos.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev.19:28.
2.In Hilchos Avodah Zarah 12:11, the Rambam adds that this applies to the one who engraves the tattoo. The one who receives it is punished by lashes only if he actually helps in the engraving (rather than sitting passively).
________________________________________
Negative Commandment 45 (Digest)
Scarring
"You shall not cut yourselves"—Deuteronomy 14:1.
It is forbidden to cut ourselves in the course of mourning a deceased—as this was a common practice amongst idol-worshippers. It is also forbidden to follow the ancient practice of self-mutilation as part of pagan ritual.
The 45th prohibition is that we are forbidden from intentionally bruising ourselves, as the idol worshippers do.
The source of this commandment is G‑d's statement (exalted be He),1 "Do not mutilate yourselves (lo sis'godidu)." This prohibition is repeated in different words:2 "Do not make cuts in your skin for the dead."
It has been explained in the Talmudic tractate Yevamos3 that the verse, "Do not mutilate yourselves," is needed for itself4, i.e. to teach us that one may not mutilate oneself for someone who died.
Our Sages said in tractate Makkos5 that "s'rita"6 and "g'didah"7 are the same.8 There it is also explained that [for cutting oneself] for the dead, one incurs punishment whether done by hand or with an instrument. [If one cut oneself] for an idol, one incurs punishment only when done with an instrument, as is written in the Prophets,9 "They cut themselves with swords and spears, according to their custom." When done by hand, however, one is exempt.10
Our Sages11 said that this prohibition also includes not stating conflicting messages12 or having public disagreement. They said, "The phrase "lo sis'godidu" means not to make different groups (agudos)." This is like a drash13; the verse itself they explain as meaning that one may not mutilate oneself for someone who died.
So too their statement,14 "Anyone who carries on a dispute transgresses a prohibition, as it is written,15 'Do not be like Korach and his congregation,'" is also a type of drash. As our Sages explain, the verse itself is a warning and a negative statement, not a prohibition.16 Our Sages explained that G‑d notified that anyone in future generations who disagrees with [the status of] the Kohanim and claims it for himself will not meet the same fate as Korach and will not be punished by being swallowed up.17 His punishment will instead be,18 "As G‑d said to him through [literally, 'by the hand of'] Moses," i.e. tzora'as, as G‑d (exalted be He) told Moshe,19 "Place your hand on your chest [… and his hand was covered with tzora'as like snow]," and as is explained regarding Uzziah.20
To return to this prohibition, its details have been explained in the end of Makkos,21 and one who transgresses it is punished by lashes.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 14:1.
2.Lev.19:28.
3.13b.
4.The Talmud previously tried to establish that the phrase, "lo tit'god'du," prohibits different communities observing different practices. To this the Talmud responds that the phrase is needed "for itself." See below in this commandment.
5.21a.
6."Do not make cuts," from Lev. 19:28.
7."Do not mutilate," from Deut. 14:1.
8.This proves that the two verses refer to the same act and therefore count as just one prohibition.
9.Kings I, 18:28, referring to the false prophets of the idol Baal when they were tested by Elijah.
10.Although he is not punished with lashes, he nevertheless transgresses the prohibition.
11.Yevamos 13b.
12.Kapach 5731, in footnote 31 and P173, footnote 55, insists that the Arabic original is mistranslated by others, and was changed without his knowledge in the Rambam L'am edition.
13."An interpretation," seeming to indicate that the prohibition is Rabbinic in nature. In Hilchos Avodah Zarah (12:14), however, the Rambam seems to rule that it is included in the Biblical prohibition. See Kapach's edition of Mishneh Torah (ibid. footnote 34), S'dei Chemed (Klal Lamed, 78), and the sources quoted in Mishneh Torah, Frankel edition, Sefer HaMafte'ach, p. 479.
14.Sanhedrin 110a.
15.Num.17:5.
16.See Introductory Principle Eight, which discusses this commandment in particular.
17.Num. 16:32.
18.Ibid. 17 :5.
19.Exodus 4:6.
20.Chronicles II, 26:19. See Tanchuma, Tzav 15, and Introductory Principle Eight, where this interpretation is explained. King Uzziah attempted to usurp the position of Kohen, as Korach did, by offering incense in the Temple. His punishment, however, was tzora'as, rather than being swallowed up in the ground as Korach was. The Tanchuma learns that the statement, "Do not be like Korach and his congregation, as G‑d said to him by the hand of Moses," alludes to the fact that subsequent generations will be punished in this manner. This is because the phrase, "by the hand of Moses," alludes to "the hand of Moses" being covered with tzora'as in Exodus 4:6.
21.20a.
________________________________________
Negative Commandment 171 (Digest)
Tearing Out Hair
"Do not make any baldness between your eyes for the dead"—Deuteronomy 14:1.
When a loved one dies, we mustn't allow our anguish to cause us to rip out our hair leaving a bald spot.
The 171st prohibition is that we are forbidden from tearing our hair from our head for someone who died, as the fools do.
The source of this prohibition is G‑d's statement,1 "Do not make a bald patch between your eyes for the dead."
This prohibition is repeated regarding Kohanim,2 "They shall not make bald patches on their head," in order to complete the commandment. From the phrase, "between your eyes," we would think that the prohibition applies only to the front of the head. The other verse therefore explains, "They shall not make bald patches on their head," to make the prohibition apply to the entire head as it does to "between your eyes." [On the other hand,] if it would only say, "They shall not make bald patches on their head," we would think it applies whether it is done for the dead or for another reason. The other verse therefore explains, "for the dead."
Whoever makes a bald patch the size of a "gris"3 by tearing the hair from his head for the dead is punished by lashes. He is punished by one set of lashes for each bald patch, regardless of whether he is a Kohen Gadol or a regular Jew.
This that Scripture repeats the prohibition regarding Kohanim,4 "They shall not shave the corners of their beards, not shall they make cuts in their flesh," is also to complete the commandment, as explained in the end of Makkos.5
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 14:1.
2.Lev.21:5.
3.Literally, a bean. In modern terms, this between 14-21 mm in diameter. See Shiurei Torah 3:20.
4.Lev. 21:5.
5.21a.
Translation of (the unabridged text of) Sefer Hamitzvot by Rabbi Berel Bell, member of the Rabbinical Court of Montreal and director of Teacher Training for the Jewish Learning Institute.
________________________________________
Rambam:
• 1 Chapter a Day: Yesodei haTorah - Chapter FourYesodei haTorah - Chapter Four
Halacha 1
These four bodies: fire, wind, water, and earth are the fundamental [elements] of all the creations below the sky. Everything that exists - [be it] man, beast, fowl, crawling creature, fish, plant, metal, precious stone, pearl, building stone, mountain, or lump of earth - the body of all these [entities] is a combination of these four fundamental [elements].
Thus, all the bodies which are found below the sky, with the exception of these four bodies, are a combination of matter and form,1 and their matter is a combination of these fundamental [elements]. These fundamental [elements], however, are a combination of matter and form [as they exist in a hylian state] alone.
Halacha 2
The tendency of fire and wind is to ascend upwards from the depths of the earth toward the sky. The tendency of water and earth is to descend from the sky to the midpoint of the sky, [i.e., the center of the Earth,] for the midpoint of the sky is the lowest point, below which nothing is lower.2 These tendencies are not a conscious matter, nor are they willful. Rather, it is a pattern affixed within them and a nature they were given.
The natural characteristics of fire are that it is warm and dry. It is the lightest of all [these fundamental elements]. Wind is warm and moist. Water is cold and moist, and earth is dry and cold. It is the heaviest of all [these fundamental elements].
Water is lighter than earth. Therefore, it is found above it. Wind is lighter than water. Therefore, it hovers above it. Fire is even lighter than wind.
Since these are the fundamental [elements] for all the bodies below the sky, the matter of every single body - man, animal, beast, fowl, fish, plant, metal, and stone - is a combination of fire, wind, water, and earth. [In the process of] the combination of these four, each one of them changes while they are being combined. Thus, the combination of the four [fundamental elements] does not resemble any one of the [elements] as it exists alone. [Similarly,] in any combination of them, there cannot be found even one portion of fire as it exists alone, wind as it exists alone, water as it exists alone, nor earth as it exists alone. Rather, they have all changed and become a single body.
Each and every body which is a combination of these four [fundamental elements] will have a combination of cold and warmth, moistness and dryness. There are some bodies which have a more powerful [concentration] of the fundamental [element] of fire - for example, creatures with living souls. Accordingly, they have a higher temperature. [Conversely,] there are some bodies with a more powerful concentration of the element of earth - for example, the stones. Accordingly, they are very dry. Similarly, some of them have bodies with a greater concentration of the element of water. Accordingly, they are moist.3
In this manner, one may find one body which is warmer than another body, which is itself warm, and one body drier than another body, which is itself dry. Similarly, there are bodies in which cold alone is noticeable, and other bodies in which moistness alone is noticeable. In some bodies, cold and dryness are equally noticeable; in others, warmth and dryness are equally noticeable; in others, warmth and moistness are equally noticeable; and in others, warmth and moistness are equally noticeable. According to the predominance of the element that is found in the essential combination, the inclination and nature of that element will be expressed in the body [resulting from] a mixture [of all the elements].
Halacha 3
Every entity which is a combination of these four fundamental [elements] will ultimately decompose into them.4 Some will decompose after a mere few days, and others will decompose after many years. [However,] it is impossible for everything which is a combination of them not to decompose into them. It is impossible even for gold and ruby not to decompose and return to their fundamental elements: a portion becoming fire, a portion water, a portion wind, and a portion earth.
Halacha 4
Since every [entity will] decompose and separate into these four fundamental [elements], why was Adam told: "You will return to dust," [implying that man will return to dust alone]? Because the major part of man's composition is from dust. 5 every [entity that] decomposes will not return to the four fundamental [elements] immediately. Rather, it will decompose and change into another entity. That entity will, in turn, change into another entity, until ultimately, it will return to the elements. Thus, all entities are constantly returning [to their elemental state] in a cycle.6
Halacha 5
These four fundamental [elements] are in a constant [state of flux], with a certain portion - but never the entire matter - of one changing into another every day and every hour.
What is implied? A portion of the earth which is close to the water changes, dissolves, and becomes water. Similarly, a portion of the water which is close to the wind changes, evaporates, and becomes wind. A portion of the wind which is close to the fire changes, goes through a metamorphosis, and becomes fire.
Similarly, a portion of the fire close to the wind goes through a metamorphosis, changes, contracts and becomes wind. The wind which is close to the water changes, contracts, and becomes water; and the water which is close to the earth changes, contracts, and becomes earth.
This [cycle of] change [proceeds] little by little over the course of time. The entire fundamental [element] will never change – [for example], all the water will never become wind, nor all the wind fire – because it is impossible for [the existence of] one of the four fundamental [elements] to be nullified. Rather, a portion of the fire will change to wind, and a portion of the wind to fire. Similarly, between each pair of these four, change will go on in an unceasing recurrent cycle.
Halacha 6
This [cycle of] change is caused by the revolution of the sphere. Its revolution causes the four [fundamental elements] to combine, and thus forms the matter of men, living beasts, plants, stones, and metals.
God gives each body the form appropriate to it through the angels of the tenth [level], which are the form called ishim.7
Halacha 7
You will never see matter without form, or form without matter.8 It is the heart of man which in its knowledge considers the bodies that are found and knows that they are a combination of matter and form.
It appreciates that there are bodies whose matter is a combination of the four fundamental [elements],9 bodies whose matter is simple and contains only one type of matter,10 and forms which have no matter and cannot be seen by the eye.11 [The latter] are discernible only to the eye of the heart. [We can appreciate their existence, just] as we know of [the existence of] the Master of everything, [though we do] not see [Him] with [our] eyes.
Halacha 8
The soul of all flesh is the form which it was given by God. The extra dimension which is found in the soul of man is the form of man who is perfect in his knowledge. Concerning this form, the Torah states [Genesis 1:26]: "Let us make man in our image and in our likeness" - i.e., granting man a form which knows and comprehends ideas that are not material, like the angels, who are form without body, until he can resemble them.[This statement] does not refer to the form of the body perceived by the eye - i.e., the mouth, the nose, the cheeks, and the remainder of the structure of the body. This is referred to as to'ar (appearance).
It is not the soul found in all living flesh which allows it to eat, drink, reproduce, feel, and think. Rather, knowledge is the form of this [dimension of] soul and it is concerning this form of the soul, that the verse states: "in our image and in our likeness." Frequently, this form is referred to as nefesh or ruach. Therefore, one must be careful regarding these names, lest another person err regarding them. Each name reveals its characteristics.
Halacha 9
The form of this soul is not a combination of the fundamental [elements] into which it will ultimately decompose, nor does it come from the neshamah so that it would require the neshamah, as the neshamah requires the body. Rather, it is from God, from heaven.
Therefore, when the matter [of the body], which is a combination of the fundamental [elements], decomposes, and the neshamah ceases to exist - for [the neshamah] exists only together with the body and requires the body for all its deeds - this form will not be cut off, for this form does not require the neshamah for its deeds. Rather, it knows and comprehends knowledge which is above matter, knows the Creator of all things, and exists forever. In his wisdom, Solomon [gave this description (Ecclesiastes 12:7)]: "The dust will return to the Earth as it [originally] was, and the ruach will return to God who granted it."
Halacha 10
All these concepts which we have explained in this context are like a drop in a bucket. They are deep matters. Nevertheless, their depth does not approach the depth of the subject matter of the first and second chapters.
The explanation of all the subject matter in the third and fourth chapters is referred to as Ma'aseh Bereshit (“the work of Creation”).The Sages of the early generations commanded that these matters should not be expounded upon in public. Rather, a single individual should be informed about them and taught them.
Halacha 11
What is the difference between the subject matter of Ma'aseh Merkavah and the subject matter of Ma'aseh Bereshit? The subject matter of Ma'aseh Merkavah should never be expounded upon - even to a single individual - unless he is wise and capable of understanding, [in which instance,] he is given fundamental points.
[In contrast,] the subject matter of Ma'aseh Bereshit may be taught to an individual even though he is incapable of comprehending it with his own powers of understanding [alone]. He may be informed about everything that he can possibly know about these matters. Why are they not taught publicly? Because not every person has the vast knowledge necessary to grasp the interpretation and the explanation of these matters in a complete manner.
Halacha 12
When a person meditates on these matters and recognizes all the creations, the angels, the spheres, man, and the like, and appreciates the wisdom of the Holy One, blessed be He, in all these creations, he will add to his love for God. His soul will thirst and his flesh will long with love for God, blessed be He.
He will stand in awe and fear from his humble, lowly, and base [nature] when he compares himself to one of the great and holy bodies, how much more so when comparing himself to the pure forms which are separate from matter and do not share any connection with it. He will see himself as a vessel full of embarrassment and shame, empty and lacking.
Halacha 13
The matters discussed in these four chapters concerning these five mitzvot are what the Sages of the early generations termed the Pardes, as they related: "Four entered the Pardes...." Even though they were great men of Israel and great Sages, not all of them had the potential to know and comprehend all these matters in their totality.
I maintain that it is not proper for a person to stroll in the Pardes unless he has filled his belly with bread and meat. "Bread and meat" refer to the knowledge of what is permitted and what is forbidden, and similar matters concerning other mitzvot. Even though the Sages referred to these as "a small matter" - for our Sages said: "'A great matter,’ this refers to Ma'aseh Merkavah. `A small matter,’ this refers to the debates of Abbaye and Ravva" - nevertheless, it is fitting for them to be given precedence, because they settle a person's mind.
Also, they are the great good which the Holy One, blessed be He, has granted, [to allow for] stable [living] within this world and the acquisition of the life of the world to come. They can be known in their totality by the great and the small, man or woman, whether [granted] expansive knowledge or limited knowledge.
FOOTNOTES
1.Here and in the following halachot, the word "form" refers to the entity's spiritual qualities, and not its physical shape.
2.Since the heavens are spherical, anything past the midpoint of the Earth can be considered to be "higher" when approaching from the opposite side.
3.From the above statements, it appears that the "fundamental elements" of fire, wind, water, and earth are different from the entities to which we generally refer with these names.
4.Note the similarities to the concept of entropy.
5.This statement appears to contradict the statement in Halacha 2 that creatures with souls are predominantly from the element of fire. It is possible to explain that Halachah 2 refers even to animal life, while this halacha refers explicitly to man. Man's body – being predominantly from earth – is less refined than that of the animals. His soul, however, is on a much higher level that the animal's life-force.
6.
The cycle of change is discussed in the following halachah.
7.Bereshit Rabbah 10:6 states: "There is no blade of grass that grows without having a spiritual force... telling it to grow."
8.Every entity in this world has physical matter and a spiritual life force. However, the two cannot be separated from each other. The matter cannot exist without the life force, nor can the life force be discerned by human eyes except through its expression in a body.
9.This refers to the creations of our physical world, as explained in Halachah 2.
10.This refers to the spheres and the stars. As explained in Chapter 3, Halachah 3, and Chapter 2, Halachah 3, they are composed of a different type of matter from the creations in our world.
11.This refers to the angels. As explained in Chapter 2, Halachah 4, they are spiritual beings without material bodies.
____________________________
Rambam:
• 3 Chapters a Day: Avodah Kochavim - Chapter Ten, Avodah Kochavim - Chapter Eleven, Avodah Kochavim - Chapter Twelve
Avodah Kochavim - Chapter Ten
Halacha 1
We may not draw up a covenant with idolaters which will establish peace between them [and us] and yet allow them to worship idols, as [Deuteronomy 7:2] states: "Do not establish a covenant with them." Rather, they must renounce their [idol] worship or be slain. It is forbidden to have mercy upon them, as [Deuteronomy, ibid.] states: "Do not be gracious to them."
Accordingly, if we see an idolater being swept away or drowning in the river, we should not help him. If we see that his life is in danger, we should not save him. It is, however, forbidden to cause one of them to sink or push him into a pit or the like, since he is not waging war against us.
To whom do the above apply? To gentiles. It is a mitzvah, however, to eradicate Jewish traitors, minnim, and apikorsim, and to cause them to descend to the pit of destruction, since they cause difficulty to the Jews and sway the people away from God.
Halacha 2
From the above, we can infer that it is forbidden to offer medical treatment to an idolater even when offered a wage. If, however, one is afraid of the consequences or fears that ill feeling will be aroused, one may treat them for a wage, but to treat them free is forbidden.
[With regard to] a ger toshav, since we are commanded to secure his well-being, he may be given medical treatment at no cost.
Halacha 3
It is forbidden to sell them homes and fields in Eretz Yisrael. In Syria, one may sell them homes, but not fields.
One may rent them homes in Eretz Yisrael, provided that a neighborhood [of idolaters] is not established. Fewer than three [homes] does not constitute a neighborhood. It is, however, forbidden to rent them fields. In Syria, one may rent them fields.
Why did [the Rabbis issue] more stringent laws regarding fields? Because two difficulties are involved: One removes the obligation of tithes [from these fields], and one gives them a resting place in our land.
It is permitted to sell them houses and fields in the Diaspora, because it is not our land.
Halacha 4
Even when it is permitted to rent [homes to idolaters], it is not permitted to rent to them for use as a dwelling, because they will bring idols into them, as [Deuteronomy 7:26] states: "Do not bring an abomination into your home." It is, however, permitted to rent them homes to use as storehouses.
It is forbidden to sell them fruit, grain, or other produce while it is attached to the earth. One may sell [these products] after they have been harvested or [before they have been harvested], on the condition that they will be harvested, and he must harvest them.
Why is it forbidden to sell them [land or anything attached to the land]? Because [Deuteronomy 7:2] states: "Do not be gracious with them." [This phrase can also be interpreted:] "Do not give them a resting place in the land." As long as they do not have a resting place in the land, their stay will be a temporary one.
[This prohibition also] forbids speaking about [idolaters] in a praiseworthy manner. It is even forbidden to say, "Look how beautiful that idolater's body is." How much more so is it forbidden to praise their deeds or to hold their words dear, as [the phrase states]: "Do not be gracious with them." [This phrase can also be interpreted:] "Do not look at them graciously," for doing so will cause you to draw close to them and learn from their wicked behavior.
[Also implicit in the above phrase is that] it is forbidden to give them a present. A present may, however, be given to a ger toshav, [as implied by Deuteronomy 14:21:] "You may give it to the stranger in your gates so that he may eat it; or sell it to a gentile," [i.e., to an idolater]; it should be sold, not given.
Halacha 5
We should provide for poor idolaters together with poor Jews for the sake of peace. One should not rebuke idolaters [from taking] leket, shich'chah, and pe'ah, for the sake of peace. One may inquire about their well-being - even on their festivals - for the sake of peace.
One may never repeat good wishes to them. Also, one should not enter the house of a gentile on one of his festivals to wish him well. If one encounters him in the marketplace, one may greet him meekly with a serious countenance.
Halacha 6
All the above matters apply only in an era when Israel is in exile among the idolaters or in an era when the idolaters are in power. When, however, Israel is in power over them, it is forbidden for us to allow an idolater among us.
Even a temporary resident or a merchant who travels from place to place should not be allowed to pass through our land until he accepts the seven universal laws commanded to Noah and his descendants, as [Exodus 23:33] states: "They shall not dwell in your land" - i.e., even temporarily.
A person who accepts these seven mitzvot is a ger toshav. A ger toshav may be accepted only in the era when the [laws of the] Jubilee Year are observed. In an era when the [laws of the] Jubilee Year are not observed, however, we may accept only full converts [to Judaism].
Avodah Kochavim - Chapter Eleven
Halacha 1
We may not follow the statutes of the idolaters or resemble them in their [style] of dress, coiffure, or the like, as [Leviticus 20:23] states: "Do not follow the statutes of the nation [that I am driving out before you]," as [Leviticus 18:3] states: "Do not follow their statutes," and as [Deuteronomy 12:30] states: "Be careful, lest you inquire after them."
[All these verses] share a single theme: they warn us not to try to resemble [the gentiles]. Instead, the Jews should be separate from them and distinct in their dress and in their deeds, as they are in their ideals and character traits. In this context, [Leviticus 20:26] states: "I have separated you from the nations [to be Mine]."
[Thus,] one may not wear a garment which is unique to them or grow the tresses of our hair as they do. We may not shave our heads from the sides and leave hair in the center as they do. This is called a blorit. We may not shave the hair on the front of our faces from ear to ear and leave a growth at the back of our heads as they do. We may not build Temples in order that many people may enter as they do. Whoever performs one of the above or a deed of this nature is [liable for] lashes.
Halacha 2
When a Jew is cutting a idolater's hair, he must stop when he approaches within three fingerbreadths of his blorit on all sides.
Halacha 3
A Jew who has an important position in a gentile kingdom and must sit before their kings, and would be embarrassed if he did not resemble them, is granted permission to wear clothes which resemble theirs and shave the hair on his face as they do.
Halacha 4
It is forbidden to practice soothsaying as idolaters do, as [Leviticus 19:26] states: "Do not act as a soothsayer."
What is meant by a soothsayer? For example, those who say: Since my piece of bread fell out of my mouth, or my staff fell from my hand, I will not travel to this place today, since if I were to go I would not be able to accomplish my desires.
Since a fox passed on my right side, I will not go out of my door today, since if I were to go out I would meet a deceiver.
Similarly, [this category includes] those who hear the chirping of a bird and say: This will happen or this will not happen; it is beneficial to do this or it is detrimental to do this. [Also, it includes] those who say: Slaughter this rooster that crowed like a raven; slaughter this hen that crowed like a rooster.
Similarly, a person who sets up omens for himself; e.g., if this and this happens, I will do this. If it will not happen, I will not do it, as Eliezer, the servant of Abraham did, and the things of the like - all this is forbidden. Anyone who does one of these things because of such omens is [liable for] lashes.
Halacha 5
[A different ruling applies when] a person says, "This dwelling which I built will be a good omen for me"; "This woman whom I married or this animal that I purchased was blessed. From the time I purchased it onward, I have become rich."
The same applies to a person who rejoices and exclaims, "This is a good omen" when he asks a child, "Which verse are you studying?" and the child reads him a verse of blessing. This and the like are permitted, since the person did not perform an act or hold himself back from performing an act [because of the omen]. All he did was consider something that had already happened as a sign.
Halacha 6
What is meant by a diviner? This refers to a person who performs certain deeds to cause him to fall into a trance and have his mind cleared of all thoughts until he can predict the future, saying, "This will happen" or "This will not happen;" or saying, "it is proper to do such and such. Be careful to do so."
There are some diviners who use sand or stones [to obtain their answers]. Others prostrate themselves on the ground, make strange motions and scream. Others look at a metal or crystal mirror, fantasize, and speak. Still others carry a staff and lean on it and tap with it until they fall into a trance and speak. This is what the prophet [Hoshea (4:12) meant by] saying, "My people will inquire of their rods. Their staffs will tell them."
Halacha 7
It is forbidden to divine or to inquire of a diviner. A person who inquires of a diviner is given "stripes for rebelliousness." In contrast, the diviner himself is [punished by] lashes if he performs one of the above or other similar acts, as [Deuteronomy 18:10] states: "There shall not be found among you one who passes..., one who practices divination."
Halacha 8
Who is a fortuneteller? A person who tries to predict auspicious times, using astrology and saying, "This day will be a good day," "This day will be a bad day," "It is appropriate to perform a particular task on a certain day"; or "This year" or "This month will not be opportune for this particular matter."
Halacha 9
It is forbidden to tell fortunes. [This applies] even though one does not perform a deed, but merely relates the falsehoods which the fools consider to be words of truth and wisdom. Anyone who performs a deed because of an astrological calculation or arranges his work or his journeys to fit a time that was suggested by the astrologers is [liable for] lashes, as [Leviticus 19:26] states: "Do not tell fortunes."
Also included in the scope of this prohibition is one who performs magic tricks and deludes those who observe him into thinking that he performs wonders although he is not doing so. He is [liable for] lashes.
Halacha 10
Who is a person who casts spells? A person who chants incantations that have no meaning in people's speech or any connotation and imagines in his foolish perception that his words have an effect. Such people will say: If you cast a particular spell on a snake or a scorpion, they will do no harm. If you cast a particular spell on a person, he will never be harmed. Some of them will hold a key or a rock in their hands while they are talking, or perform other similar deeds. All of these are forbidden.
A person who casts spells is [punished by lashes] if he holds anything in his hand or performs an act while speaking, even if he merely gestures with his finger, as [Deuteronomy 18:10-11] states: "There shall not be found among you... one who casts spells." If, however, the person merely spoke without moving his finger or his head and without holding anything in his hand, and similarly, a person who has a spell cast upon him through the utterance of such incantations, thinking that this will help him, he is given "stripes for rebelliousness" because he participated in the foolish activities of a spell-caster.
All these deplorable incantations and strange names will not do harm, nor will they bring any benefit.
Halacha 11
When a person has been bitten by a scorpion or a snake, it is permitted to recite incantations over the bite. [This is permitted] - even on the Sabbath - in order to settle his mind and strengthen his feelings. Even though [the incantations] are of no avail, since the victim's life is in danger, permission was granted lest he become overly disturbed.
Halacha 12
A person who whispers an incantation over a wound and then recites a verse from the Torah, who recites a verse over a child so that he will not become scared, or who places a Torah scroll or tefillin over a baby so that it will sleep, is considered to be a soothsayer or one who cast spells. Furthermore, such people are included among those who deny the Torah, because they relate to the words of Torah as if they are cures for the body, when, in fact, they are cures for the soul, as [Proverbs 3:22] states: "And they shall be life for your soul."
It is, however, permitted for a healthy person to read verses [from the Bible] or chapters from Psalms so that the merit of reading them will protect him and save him from difficulties and injury.
Halacha 13
Who is one who seeks [information] from the dead? A person who starves himself and goes to sleep in a cemetery so that a deceased person will come to him in a dream and reply to his questions. There are others who wear special clothes, recite incantations, burn a particular type of incense, and sleep alone so that a deceased person will come to them and speak to them in a dream. To summarize: Anyone who performs a deed in order that a deceased person should come to him and give him information is [liable for] lashes, as [Deuteronomy 18:10] states: "There shall not be found among you one who passes..., one who seeks [information] from the dead."
Halacha 14
It is forbidden to inquire of a person who practices [divination with an] ov or a yid'oni, as [Deuteronomy 18:10-11] states: "There shall not be found among you one who passes..., one who seeks [information] from an ov or a yid'oni."
Thus, a person who practices [divination with an] ov or a yid'oni himself is stoned to death, and a person who inquires of them violates a negative commandment and receives stripes for rebelliousness. One who plans his deeds and acts according to their instructions is [liable for] lashes.
Halacha 15
A sorcerer must be condemned to execution by stoning. This applies when he commits a deed of sorcery. If, however, he merely deludes those who observe him into thinking that he is performing an act although he actually does not, he is given stripes for rebelliousness.
[The reason is] that the prohibition against sorcery is stated in the prohibition [Deuteronomy 18:10-11]: "There shall not be found among you one who... [practices sorcery]." It is, however, a prohibition which is punishable by execution by the court, as [Exodus 22:17] states: "Do not allow a witch to live." [Therefore,] lashes are not administered for its violation.
Halacha 16
All the above matters are falsehood and lies with which the original idolaters deceived the gentile nations in order to lead them after them. It is not fitting for the Jews who are wise sages to be drawn into such emptiness, nor to consider that they have any value as [implied by Numbers 23:23]: "No black magic can be found among Jacob, or occult arts within Israel." Similarly, [Deuteronomy 18:14] states: "These nations which you are driving out listen to astrologers and diviners. This is not [what God... has granted] you."
Whoever believes in [occult arts] of this nature and, in his heart, thinks that they are true and words of wisdom, but are forbidden by the Torah, is foolish and feebleminded. He is considered like women and children who have underdeveloped intellects.
The masters of wisdom and those of perfect knowledge know with clear proof that all these crafts which the Torah forbade are not reflections of wisdom, but rather, emptiness and vanity which attracted the feebleminded and caused them to abandon all the paths of truth. For these reasons, when the Torah warned against all these empty matters, it advised [Deuteronomy 18:13]: "Be of perfect faith with God, your Lord."
Avodah Kochavim - Chapter Twelve
Halacha 1
We may not shave the corners of our heads as the idolaters and their priests do, as [Leviticus 19:27] states: "Do not cut off the corners of your heads."
One is liable for each corner. Therefore, a person who shaves both his temples - even if he were to do so simultaneously and had received only a single warning – is [liable for] two measures of lashes.
[This prohibition applies equally to] one who shaves off only the corners of his head and leaves the remainder of his hair, and to one who shaves his entire head at once. Since he has shaved the corners, he is [liable for] lashes.
To whom does the above apply? To the person who shaves. The person [whose head] is shaven is not lashed unless he assists the one who is shaving him. One who shaves [the corners of] a child's [head] should be [liable for] lashes.
Halacha 2
A woman is exempt if she shaves the head of a man or has her own head shaven. [Since Leviticus 19:27] states: "Do not cut off the corners of your heads and do not destroy the corners of your beards," [an association between the two prohibitions is established]. Whoever is liable for shaving is liable for cutting off the corners. Therefore, because women are not liable for shaving - since they do not have beards - they are not liable for cutting off the corners [of their heads]. Accordingly, slaves are forbidden to cut off the corners of their heads, since they do possess beards.
Halacha 3
All the Torah's prohibitions apply equally to men and women, with the exception of the prohibition against shaving, cutting off the corners of one's head, and the prohibition against priests contracting impurity through contact with a dead body.
Women are not obligated with regard to all positive commandments which apply from time to time and are not constant obligations, with the exception of the sanctification of [the Sabbath] day, eating matzah on Pesach night, eating and offering the Paschal sacrifice, hakhel, and the festive peace-offering for which they are obligated.
Halacha 4
The status of a tumtum and an androgynous is doubtful. Therefore, the stringencies applying to both a man and a woman are applied to them, and they are obligated by all [the mitzvot]. If, however, they transgress, they are not [liable for] lashes.
Halacha 5
Although a woman is permitted to shave the corners of her own head, she is forbidden to shave the corners of a man's head. She is even forbidden to shave the corners of a child's [head].
Halacha 6
The Sages did not determine the amount [of hair] which must be left in the corners of our temples. We have, however, heard from our elders that one must leave at least forty hairs.
One may remove the [hairs from] the corners [of our heads] with scissors. The prohibition applies only to total removal with a razor.
Halacha 8
It is customary for pagan priests to remove their beards. Therefore, the Torah forbade the removal of one's beard.
The beard has five "corners": the upper and lower cheek on both the right and left sides, and the hair on the chin. One is [liable for] lashes for the removal of each "corner." A person who removes them all at the same time is [liable for] five measures of lashes.
One is liable only when one shaves with a razor, as [implied by Leviticus 19:27]: "Do not destroy the corners of your beard." [We can infer that this applies only] to shaving which utterly destroys [one's facial hair]. Therefore, a person who removes his beard with scissors is exempt.
A person who allows himself to be shaved is not [liable for] lashes unless he provides assistance. A woman who has facial hair is allowed to shave it. If she shaves a man's beard, she is exempt.
Halacha 8
It is permitted to shave one's mustache - i.e., the hair on the upper lip, and, similarly, the hair which hangs from the lower lip. Even though the removal [of this hair] is permitted, it is customary for the Jews not to destroy it entirely. Rather, its ends may be removed so that it will not interfere with eating or drinking.
Halacha 9
The Torah does not forbid the removal of hair from other portions of the body - e.g., the armpits or the genitalia. This is, however, prohibited by the Rabbis. A man who removes [such hair] is given stripes for rebelliousness.
Where does the above apply? In places where it is customary only for women to remove such hair, so that one will not beautify himself as women do. In places where it is customary for both men and women to remove such hair, one is not given stripes. It is permitted to remove hair from our other limbs with scissors in all communities.
Halacha 10
A woman should not adorn herself as a man does - e.g., she may not place a turban or a hat on her head or wear armor or the like. She may not cut [the hair of] her head as men do.
A man should not adorn himself as a woman does - e.g., he should not wear colored garments or golden bracelets in a place where such garments and such bracelets are worn only by women. Everything follows local custom.
A man who adorns himself as a woman does, and a woman who adorns herself as a man does, are [liable for] lashes. When a man removes white hairs from among the dark hairs of his head or beard, he should be lashed as soon as he removes a single hair, because he has beautified himself as a woman does. Similarly, if he dyes his hair dark, he is given lashes after dyeing a single hair.
A tumtum and an androgynous may not wrap their heads [in a veil] as women do, or cut [the hair of] their head as men do. If they do [either of the above], they are not [liable for] lashes.
Halacha 11
The tattooing which the Torah forbids involves making a cut in one's flesh and filling the slit with eye-color, ink, or with any other dye that leaves an imprint. This was the custom of the idolaters, who would make marks on their bodies for the sake of their idols, as if to say that they are like servants sold to the idol and designated for its service.
When a person makes a mark with one of the substances that leave an imprint after making a slit in any place on his body, he is [liable for] lashes. [This prohibition is binding on] both men and women.
If a person wrote and did not dye, or dyed without writing by cutting [into his flesh], he is not liable. [Punishment is administered] only when he writes and dyes, as [Leviticus 19:28] states: "[Do not make] a dyed inscription [on yourselves]."
To whom does this apply? To the person doing the tattooing. A person who is tattooed [by others], however, is not liable unless he assisted the tattooer to the extent that it is considered that he performed a deed. If he did not perform a deed, he is not lashed.
Halacha 12
A person who gouges himself for the dead is lashed, as [Leviticus 19:28] states: "Do not gouge your flesh for the dead." This [prohibition] applies both to priests and to Israelites.
A person who makes a single gouge for five dead people or five gouges for a single dead person is [liable for] five measures of lashes, provided he is given a warning for each individual matter.
Halacha 13
Gashing and gouging oneself are [governed by] a single [prohibition]. Just as the pagans would gouge their flesh in grief over their dead, they would mutilate themselves for their idols, as [I Kings 18:28] states: "And they mutilated themselves according to their custom."
This is also forbidden by the Torah, as [Deuteronomy 14:1] states: "Do not mutilate yourselves." [The difference between the two is that if one gouges himself in grief over] the dead, whether he did so with his bare hands or with an instrument, he is [liable for] lashes; for the sake of idols, if one uses an instrument, one is liable for lashes. If one does so with one's bare hands, one is exempt.
Halacha 14
This commandment also includes [a prohibition] against there being two courts which follow different customs in a single city, since this can cause great strife. [Because of the similarity in the Hebrew roots,] the prohibition against gashing ourselves [can be interpreted] to mean: "Do not separate into various different groupings."
Halacha 15
A person who creates a bald spot [on his head] for a dead person is [liable for] lashes, as [Deuteronomy 14:1] states: "Do not make a bald spot between your eyes for a dead person." When either a priest or an Israelite makes a bald spot [on his head] for a dead person, he is [liable for] only a single measure of lashes.
A person who makes four or five bald spots for a single dead person is [liable for] a measure of lashes equivalent to the number of bald spots he made, provided he received a separate warning for each bald spot. There is no difference whether one created the bald spot with his hands or with a potion. If a person dipped his fingers into a potion and positioned them in five places on his head at the same time, since he created five bald spots, he is [liable for] five measures of lashes even though only a single warning was given, for they were all created at the same time.
One is liable [for creating a bald spot] on any part of the head, [not only] "between the eyes" [as is inferred from Leviticus 21:5]: "Do not make a bald spot on your heads."
What is the measure of a bald spot? An area on one's head the size of a gris which is free of hair.
Halacha 16
16. A person who makes a bald spot on his head or gouges his flesh because his house falls or because his ship sinks at sea is exempt. One is lashed only [if he carries out these acts] for the sake of a deceased person or if he gashes his flesh for the sake of an idol.
[The following laws apply] when a person creates a bald spot on a colleague's head, makes a gash on a colleague's flesh, or tattoos his colleague's flesh while his colleague assists him. If they both intended to violate the prohibition, both receive lashes. If one violated the prohibition inadvertently and the other did so intentionally, the one who performed the act intentionally is [liable for] lashes, and his colleague is exempt.
Commentary Halacha 1
In this chapter, the Rambam describes several prohibitions which comprise rites that do not involve the actual worship of idols. The Torah forbids them, however, because they are connected with ceremonial practices performed by idolaters. Note also the Guide for the Perplexed, Vol. III, Chapter 37, where the Rambam mentions this concept.
The Tur (Yoreh De'ah 181) takes issue with the Rambam's statements, noting that there is no statement in the Bible, the Mishnah, or the Talmud, which mentions this point. He objects to the association of the mitzvot with any particular rationale. From a halachic perspective, the mitzvot should be fulfilled because they are God's decrees, independent of any rational explanation.
The Beit Yosef (Yoreh De'ah, ibid.) defends the Rambam's statements, based on the ending of Hilchot Me'ilah, where the Rambam states:
It is proper for a person to meditate on the judgments of the holy Torah and know their ultimate rationale to the extent of his capacity.
There are other authorities who draw out halachic concepts from the association of these prohibitions with idol worship. For example, based on this connection, the Minchat Chinuch (Mitzvah 251) and Sefer HaKovetz forbid the removal of facial hair even when the prohibition against shaving is not violated, as mentioned in the commentary on Halachah 7.
We may not shave - The Torah's prohibition applies only to shaving. One may cut this hair with scissors, as explained in Halachah 6.
the corners of our heads - The definition of this term is found in Halachah 6.
as the idolaters and their priests do - Sefer HaChinuch (Mitzvah 251) explains that this is a particularly severe prohibition, since its violation involves making a sign for idolatry on our own bodies.
as [Leviticus 19:27] states: "Do not cut off the corners of your heads." - Sefer HaMitzvot (Negative Commandment 43) and Sefer HaChinuch (ibid.) consider this prohibition to be one of the 613 mitzvot of the Torah.
One is liable for each corner. Therefore, a person who shaves both his temples - even if he were to do so simultaneously and had received only a single warning - is [liable for] two measures of lashes. - In Sefer HaMitzvot (ibid.), the Rambam explains that although this prohibition involves two different activities (shaving the right corner and shaving the left corner), it is not considered to be two mitzvot, because the Torah's expression forbidding such shaving includes both sides in the same phrase. Had the Torah mentioned both the right and left sides, it would be considered to be two mitzvot.
[This prohibition applies equally to] one who shaves off only the corners of his head and leaves the remainder of his hair - As mentioned in Chapter 11, Halachah 1, this style of cutting hair is referred to as a blorit and was practiced by the gentiles.
and to one who shaves his entire head at once - in which case, he does not resemble the gentiles (Sefer HaMitzvot, ibid.).
Since he has shaved the corners, he is [liable for] lashes. - From this, we see that the mitzvah is not dependent on the rationale mentioned above.
To whom does the above apply? To the person who shaves - either his own head or a colleague's head. When, however, a person shaves a colleague's head,
The person [whose head] is shaven is not lashed - The Ra'avad maintains that this person is not punished because he did not perform a deed. He is, however, considered to have transgressed the Torah's prohibition. The Kessef Mishneh disagrees and maintains that since he did not perform the deed of shaving, he is not considered to have violated the prohibition at all. This applies even when he specifically ordered the person who shaved him to do so. The Ra'avad's opinion is, however, supported by the Lechem Mishneh and other authorities.
unless he assists the one who is shaving him - by moving his head so that it is easier to shave.
One who shaves [the corners of] a child's - a minor below the age of 13
[head] should be [liable for] lashes. - A child would not be held responsible if he shaved himself, because a child is not held liable for the violation of any of the Torah's prohibitions until he reaches majority. Nevertheless, an adult is responsible for shaving the child's head (Nazir 57b).
This point is not, however, accepted by all authorities. The Beit Yosef (Yoreh De'ah, ibid.) mentions other opinions which do not hold a person liable for shaving a child's head.
Commentary Halacha 2
A woman is exempt if she shaves the head of a man - who would be liable if he shaved his own head
or - assists the shaver while she
has her own head shaven. - The Kessef Mishneh differentiates between these two instances. With regard to shaving a man's head, he explains that although a woman is exempt, she is, nevertheless, forbidden to do so (Halachah 5). With regard to shaving her own head, there is no prohibition whatsoever.
[Since Leviticus 19:27] states: "Do not cut off the corners of your heads and do not destroy the corners of your beards," [an association between the two prohibitions is established]. - This association also teaches other concepts - among them, that one is liable only when one removes the hair with a razor.
Whoever is liable for shaving is liable for cutting off the corners. Therefore, because women are not liable for shaving - since they - generally
do not have beards - Although Kiddushin 35b mentions several ways to derive this concept through Biblical exegesis, the Rambam chooses to rely on the simple fact of the matter.
they are not liable for cutting off the corners [of their heads]. Accordingly, slaves - whose performance of mitzvot is generally equated with that of women (Chaggigah 4a)
are forbidden to cut off the corners of their heads, since they do possess beards. - Had the Rambam derived the above point from the exegesis of a Biblical verse, this conclusion would not be acceptable. Since, however, he derives the concept from logic, the same logic leads to the conclusion that slaves be held liable for this act (Kessef Mishneh).
Commentary Halacha 3
This halachah can be understood within the context of the Rambam's conception of the Mishneh Torah as a guide to the Oral Law in its entirety, as he states in his introduction to that text:
Directly after reading the Written Law, one will read this text and understand from it the entire Oral Law, without requiring to read any other text.
Thus, although the subject matter of this and the following halachah are of a far greater scope than the particular prohibition discussed previously, the Rambam mentions these principles for the sake of the text's more encompassing goal.
All the Torah's prohibitions apply equally to men and women - Kiddushin 35a derives this concept from Numbers 5:6, "When a man or a woman commits any of the transgressions that men commit...."
with the exception of the prohibition against shaving, cutting off the corners of one's head - as mentioned in the previous halachah,
and the prohibition against priests contracting impurity through contact with a dead body. - The verse prohibiting such contact, Leviticus 21:1, begins, "Speak unto the sons of Aharon...."Kiddushin 35b explains that this expression excludes women.
Women are not obligated with regard to all positive commandments which apply from time to time and are not constant obligations - This refers to mitzvot which are applicable only on certain days - e.g., the blowing of the shofar and the taking of the lulav and etrog - and also mitzvot that are applicable during the day and not the night - e.g., Tefillin.
with the exception of the sanctification of [the Sabbath] day - through the recitation of kiddush. Since women are obligated by the prohibition against working on the Sabbath, they are also obligated by the positive commandment of sanctifying its holiness (Berachot 20b).
The restriction of this mitzvah to the Sabbath follows the opinion of the Lechem Mishnah, who maintains that the sanctification of the festivals is a Rabbinic injunction. There are, however, other opinions, which consider the mitzvah as applying to the festivals as well.
eating matzah on Pesach night - Since women are obligated by the prohibition against eating chametz, they are also obligated by the positive commandment of eating matzah (Pesachim 43b).
eating and offering the Paschal sacrifice - Pesachim 91b explains that the Torah uses the expression (Exodus 12:4): "According to the number of souls [in a household]... individuals should be designated for the lamb," to include women in the observance of this mitzvah.
hakhel - The gathering of the entire Jewish people to hear the reading of the Torah by the king which is held every seven years. (See Deuteronomy 31:10-13.) Here, the Torah explicitly mentions that women should attend.
and celebration of the festivals - Though in a larger sense this refers to all forms of celebration, in particular it refers to the offering of peace sacrifices in connection with the festival. (See Hilchot Chaggigah 1:1.)
In this instance as well, the Torah specifically mentions the obligation of women to participate in the celebrations, as Deuteronomy 16:14 states: "And you shall rejoice, you, your son, your daughter, your male and female servants...."
for which they are obligated. - Similarly, women are obligated to fulfill most positive commandments whose observance is not associated with a specific time - e.g., the belief in God, mezuzah, and Tzedakah. There are, however, several positive commandments whose observance is not associated with a specific time which women are not obligated to fulfill - e.g., Torah study, the redemption of the first born, and the remembrance of Amalek. (See also the Rambam's Commentary on the Mishnah, Kiddushin 1:7.)
Commentary Halacha 4
The status of a tumtum - The word tumtum has its roots in the word atum, which means "a solid block." It refers to a person whose genitalia are covered by skin, and it is impossible to determine whether he is male or female. (See also Hilchot Ishut 2:25.)
Should a tumtum undergo an operation and it be revealed that he is either male or female, he is bound by the laws which apply to that gender.
and an androgynous - Androgynous is a combination of the Greek words meaning "man" and "woman." It refers to a person who possesses the sexual organs of both genders. (See also Hilchot Ishut 2:24.)
is doubtful - i.e., it is doubtful whether they are governed by the laws applying to a man or those applying to a woman. The doubts are, however, different in nature. With regard to a tumtum, we are doubtful what is his true gender. With regard to an androgynous, however, the question revolves around the Sages' failure to define his status.
Therefore, the stringencies applying to both a man - The obligation to perform all the positive commandments that are associated with time, and the various other commandments which men are obligated to perform, but women are not.
and a woman - Bikkurim 4:3 explains that this refers to the prohibition against being alone with men (yichud), and the laws of ritual impurity that apply to women.
are applied to them, and they are obligated by all [the mitzvot]. If, however, they transgress - any of the three commandments for which men are held liable and women are not
they are not [liable for] lashes. - Punishment is not administered when we are in doubt of the person's obligation.
Commentary Halacha 5
Although a woman is permitted to shave the corners of her own head - as mentioned in Halachah 2
she is forbidden to shave the corners of a man's head. - As stated in that halachah, she is not punished for doing so. The Ra'avad and the Kessef Mishneh maintain that this prohibition is Rabbinic in origin. Other authorities, however, state that the prohibition stems from the Torah itself.
She is even forbidden to shave the corners of a child's [head]. - Though the child himself would not be held liable, an adult is liable for shaving the corners of his head, as stated in Halachah 1. Therefore, even a woman is forbidden to shave the corners of his head. Rabbenu Yitzchak Alfasi, based on Nazir 57b, does not accept the Rambam's view, and maintains that a woman may shave a child's head.
Commentary Halacha 6
The Sages did not determine the amount [of hair] which must be left in the corners of our temples. - The Shulchan Aruch, Yoreh De'ah 181:1, defines "corners" as referring to the place where the skull is joined to the jaw. The Beit Lechem Yehudah writes that the area which the Ari zal would leave uncut extended slightly above his ears.
We have, however, heard from our elders that one must leave at least forty - The Tur's text of the Rambam stated "four" instead of "forty."
hairs. - In one of his responsa, the Rambam writes that the forbidden area is about the size of a thumb.
One may remove the [hairs from] the corners [of our heads] with scissors. - In one of his responsa, the Rambam writes that he would trim the corners of his head. He explains that - in contrast to the law applying to a Nazarite's hair - there is no positive commandment to allow this hair to grow and no need to do so. In many Jewish communities, however, it is customary to allow this hair to grow. Since its removal involves the violation of a Torah prohibition, they consider the growth of this hair as a sign of Jewish identity.
The prohibition applies only to total removal with a razor. - As is explained in the commentary on the following halachah, there is a debate among the Rabbinic authorities if it is permissible to remove this hair using scissors or even using implements whose effectiveness is equivalent to that of a razor.
Commentary Halacha 7
It is customary for pagan priests to remove their beards. - Note our commentary on Halachah 1. In Sefer HaMitzvot (Negative Commandment 44), the Rambam notes that even in his time, it was customary for Christian monks to shave their faces.
Therefore, the Torah forbade the removal of one's beard. - Sefer HaMitzvot (ibid.) and Sefer HaChinuch (Mitzvah 252) consider this prohibition to be one of the 613 mitzvot of the Torah.
The beard has five "corners": the upper and lower cheek on both the right and left sides, and the hair on the chin. - The Shulchan Aruch (Yoreh De'ah 181:11) writes that there are many opinions with regard to the definition of these five "corners." There, "anyone who fears heaven should fulfill all the opinions and not shave any portion of his beard with a razor."
One is [liable for] lashes for the removal of each "corner." - As implied by the verse's mention of "the corners of your beard," and not merely "your beard" (Sefer HaMitzvot, ibid.).
A person who removes them all at the same time is [liable for] five measures of lashes. - Nevertheless, as explained in the commentary on Halachah 1, the prohibition is considered to be a single mitzvah, and not five.
One is liable only when one shaves with a razor, as [implied by Leviticus 19:27]: "Do not destroy the corners of your beard." [We can infer that this applies only] to shaving which utterly destroys [one's facial hair]. Therefore, a person who removes his beard with scissors is exempt. - From the Rambam's expression, it appears that the removal of facial hair with scissors is forbidden. One is not, however, punished for such an act (Sefer HaChinuch, ibid.; Ma'aseh Rokeach). The Beit Yosef (Yoreh De'ah 181) differs, and maintains that it is permitted to remove one's facial hair as long as one does not use a razor.
In addition, as mentioned in the commentary on Halachah 1, the Minchat Chinuch and Sefer HaKovetz explain that by mentioning the fact that gentile priests remove their facial hair, the Rambam implies that removing such hair violates the prohibition of following "the paths of the gentiles." (See Chapter 11, Halachah 1.) In the context of this prohibition, the means used to remove the facial hair are of no consequence.
Other authorities (Rashba, Vol. IV, Responsum 90; Shibbolei Leket; Tzemach Tzedek, Yoreh De'ah, Responsum 93) forbid the removal of one's facial hair within the context of the prohibition against a man's adorning himself in the same manner as a woman. (See Halachot 9 and 10.) In this context as well, it makes no difference how one removes the hair.
Many contemporary authorities have explained that in addition to all these points, growing a beard has been accepted as a sign that a person is God-fearing and precise in his observance of the mitzvot. Accordingly, anyone who desires to be viewed as such should not remove his beard even if he does not use a razor.
A person who allows himself to be shaved is not [liable for] lashes unless he provides assistance. - Note our commentary on Halachah 1.
A woman who has facial hair is allowed to shave it - since this is not the norm. Kiddushin 35b derives this concept from the exegesis of the verse from Leviticus quoted above.
If she shaves a man's beard, she is exempt. - It is, however, forbidden for her to do so, as explained in Halachah 1.
Commentary Halacha 8
It is permitted to shave one's mustache - i.e., the hair on the upper lip, and, similarly, the hair which hangs from the lower lip. - Mo'ed Katan 18a allows the shaving of this hair because it is not one of the five "corners" of the beard.
Even though the removal [of this hair] is permitted, it is customary for the Jews not to destroy it entirely. - This statement reinforces the interpretation mentioned in the previous halachah, that maintains which the Rambam did not allow one's facial hair to be removed by means other than shaving.
It must be noted that there are authorities who object to the shaving of the mustache. Rabbenu Chanan'el explained that the corners of the mustache are the two lower "corners" of the beard. Others (among them Rabbenu Yonah and the Bayit Chadash) associate its removal with the prohibitions against following the "ways of gentiles" and adorning oneself as does a woman.
Rather, its ends may be removed so that it will not interfere with eating or drinking. - The Rabbis have explained that it is proper manners to remove the hair which interferes with eating. Even the Kabbalists who would not touch their beards at all would trim their mustaches (Ben Ish Chai).
Commentary Halacha 9
The Torah does not forbid the removal of hair from other portions of the body - e.g., the armpits or the genitalia - which are often shaved by women.
This is, however, prohibited by the Rabbis - as an extension of the prohibition against a man beautifying himself in the same manner as a woman does. The classification of the removal of such hair as a Rabbinic prohibition is not agreed upon by all authorities. The Tzemach Tzedek (Yoreh De'ah, Responsum 93) brings opinions which maintain that shaving this hair is within the scope of the Torah prohibition.
The Kessef Mishneh explains the distinction between the Torah prohibition and the Rabbis' decree as follows: The Torah prohibition involves any adornment which is openly detectable. The Rabbis extended the scope of the prohibition and included even acts of beautification which are private.
A man who removes [such hair] is given stripes for rebelliousness. - The punishment given for violating any Rabbinic ordinance.
Where does the above apply? In places where it is customary only for women to remove such hair, so that one will not beautify himself as women do. - Which is prohibited, as mentioned in the following halachah.
In places where it is customary for both men - The Prisha (Yoreh De'ah 182) states that the word "men" refers even to gentiles. Even if gentile men follow this practice, a Jew is not punished for doing so.
and women to remove such hair, one is not given stripes. It is permitted - The expression, "one is not given stripes," and the contrasting statement, "It is permitted," lead to the conclusion that, even in these communities, it is forbidden for men to remove this hair. The Ramah (Yoreh De'ah 182:1) differs, and grants permission for men to remove such hair in these communities.
When there are medical reasons requiring the removal of such hair, even the more stringent views allow it to be shaved off (Shulchan Aruch, Yoreh De'ah 182:4).
to remove hair from our other limbs with scissors - but not with a razor (Siftei Cohen 182:3).
in all communities.
Commentary Halacha 10
A woman should not adorn herself as a man does - Sefer HaMitzvot (Negative Commandment 39) and Sefer HaChinuch (Mitzvah 542) consider this prohibition to be one of the 613 mitzvot of the Torah. Curiously, with regard to this and the following prohibition, the Rambam departs from his usual custom and does not mention the Biblical proof-text, Deuteronomy 22:5, for these prohibitions.
e.g., she may not place a turban or a hat on her head - Needless to say, a hat that was styled for women is permitted. As the Rambam states later in the halachah, everything depends on local custom.
or wear armor - Many sources (e.g., Nazir 59a; Targum Onkelos on Deuteronomy, ibid.) directly associate this prohibition with a woman's donning armor or carrying weapons. Significantly, in the listing of mitzvot which precedes these halachot, the Rambam defines the mitzvah as prohibiting a woman from wearing "armament or a man's apparel."
or the like. She may not cut [the hair of] her head as men do - i.e., a woman's coiffure may not resemble a man's. The Yemenite manuscripts of the Mishneh Torah read יגלה, "reveal," instead of יגלח, "cut." According to that version, the Rambam is saying that when a woman goes out without covering her head, in addition to violating the basic laws of modesty (see Hilchot Ishut 24:11-12; Hilchot Issurei Bi'ah 21:17), she is also transgressing this Torah prohibition.
A man should not adorn himself as a woman does - Sefer HaMitzvot (Negative Commandment 40) and Sefer HaChinuch (Mitzvah 543) consider this prohibition to be one of the 613 mitzvot of the Torah.
In Sefer HaMitzvot (ibid.), the Rambam mentions two rationales for this and the previous prohibition:
a) Such behavior would lead to licentiousness;
b) The pagans would often dress in this manner for their rituals.
e.g., he should not wear colored garments or golden bracelets in a place where such garments and such bracelets are worn only by women. Everything follows local custom. - Accordingly, the definition of the pertinent rulings changes according to the norms of the society. Garments which might have been forbidden for men or women in one era may be permitted in another, depending on the standards set by the particular society.
A man who adorns himself as a woman does, and a woman who adorns herself as a man does, are [liable for] lashes. - Note the Ramah's statements, Orach Chayim 696:8, which state that on Purim or at a wedding, this prohibition may be waived for the sake of adding to the festive mood of the celebration. The Bayit Chadash and others, however, do not accept this leniency.
When a man removes white hairs from among the dark hairs of his head or beard - to prevent the process of aging from being detected
he should be lashed - for violating this prohibition. The Ra'avad (see also Sho'el UMeshiv, Vol. I, Responsum 210) differs, and maintains that such an act violates only a Rabbinic prohibition. His opinion, however, is not accepted by the later authorities (Darchei Teshuvah 182:15).
as soon as he removes a single hair, because he has beautified himself as a woman does. - Women are accustomed - and therefore, allowed - to hide their age, but not men.
Similarly, if he dyes his hair dark, he is given lashes after dyeing a single hair. - The prohibition applies only when one attempts to look younger. Dyeing one's hair grey is not forbidden (Turei Zahav 182:7).
A tumtum and an androgynous - whose status with regard to gender is doubtful, as explained in Halachah 4.
may not wrap their heads [in a veil] as women do, or cut [the hair of] their head as men do. - As the Rambam states in that halachah, "the stringencies of both a man and a woman are applied to them." Hence, they are not allowed to clothe themselves in a manner which is distinct to either a man or a woman.
According to the Yemenite manuscripts mentioned above which substitute יגלה, "reveal," for יגלח, "cut," this clause also must be amended accordingly.
If they do [either of the above],they are not [liable for] lashes - because we are unsure of their gender. Accordingly, it cannot be definitely said that a prohibition has been violated.
Commentary Halacha 11
The tattooing which the Torah forbids - Sefer HaMitzvot (Negative Commandment 41) and Sefer HaChinuch (Mitzvah 253) consider this prohibition to be one of the 613 mitzvot of the Torah.
involves making a cut in one's flesh and filling the slit with eye-color, ink, or with any other dye that leaves an imprint. - The Minchat Chinuch (Mitzvah 253) states that the order mentioned by the Rambam is significant. If it is reversed and the ink is placed on the skin before an incision is made, one is exempt. TheSiftei Cohen (Yoreh De'ah 180:1), however, does not accept this view.
This was the custom of the idolaters, who would make marks on their bodies for the sake of their idols - branding themselves
as if to say that they are like servants sold to the idol and designated for its service. - In Sefer HaMitzvot (ibid.), the Rambam states that certain sects in Egypt followed these practices in his time as well.
When a person makes a mark with one of the substances that leave an imprint after making a slit in any place on his body, he is [liable for] lashes. - The Tosefta (Makkot 3:9) adds that one must have the intent that the inscription is made for the sake of idol worship. This point, however, is not accepted by the halachic authorities.
[This prohibition is binding on] both men and women. - The Shulchan Aruch, Yoreh De'ah 180:4, states that one is exempt for branding a servant. The Ramah, however, explains that it is, nevertheless, forbidden to do so.
If a person wrote - by cutting into his flesh
and did not dye, or dyed without writing by cutting [into his flesh], he is not liable - for punishment. The Rambam's expression implies that although the person is not lashed, both of these acts are forbidden.
The Minchat Chinuch (ibid.) explains that the prohibition against writing on one's flesh applies only when the imprint left by the ink or dye is permanent. If it is removable, it is not forbidden. In this manner, he justifies the acts of people who jot down notes on their flesh when they have no paper available.
[Punishment is administered] only when he writes and dyes, as [Leviticus 19:28] states: "[Do not make] a dyed inscription [on yourselves]." - The two words "dyed inscription" imply that both activities must be performed for the person to be held liable.
To whom does this apply? To the person doing the tattooing - on himself or on a colleague.
A person who is tattooed [by others], however, is not liable unless he assisted the tattooer to the extent that it is considered that he performed a deed. If he did not perform a deed, he is not lashed. - The Kessef Mishneh compares this to the prohibition against shaving the corners of one's head (Halachah 1). Based on this comparison, there are authorities who maintain that although punishment is not administered - because punishment is administered only when a person commits a deed which violates a prohibition - the person who is tattooed is still considered to have transgressed this Torah prohibition.
Commentary Halacha 12
A person who gouges himself for the dead - The prohibition applies only when a person makes such gouges as a sign of bereavement over the dead. Even when he gouges himself as an expression of grief for other matters, he is not liable, as stated in Halachah 16. Nevertheless, as stated in the following halachah, one is also liable for gashing or gouging oneself for idols.
is lashed, as [Leviticus 19:28] states: "Do not gouge your flesh for the dead." - Sefer HaMitzvot (Negative Commandment 45) and Sefer HaChinuch (Mitzvah 467) consider this prohibition to be one of the 613 mitzvot of the Torah.
This [prohibition] applies both to priests and to Israelites. - Though Leviticus 21:5 specifically forbids the priests from expressing their grief in this manner, that injunction is not considered to be a separate commandment. This prohibition applies to both men and women.
A person who makes a single gouge for five dead people -Makkot 20b and the Sifra derive this concept through the exegesis of the verse from Leviticus cited above. Although he performs only a single activity, the verse teaches us that he is held responsible for each person he has in mind.
or five gouges for a single dead person is [liable for] five measures of lashes - Each separate act warrants retribution.
provided he is given a warning for each individual matter. - Note Halachah 15, which explains an instance where one is liable for five measures of lashes even though only a single warning is given, Seemingly, the same law would apply in this instance (Turei Even).
Commentary Halacha 13
Gashing and gouging oneself - Based on Makkot 21a, it appears that gashing is done with an instrument, and gouging with one's bare hands. Nevertheless, they
are [governed by] a single [prohibition]. - Thus, regardless of how one performs the act, if one mutilates oneself in grief over the dead, one is held liable. There are opinions (see Shulchan Aruch, Yoreh De'ah 180:7), however, which allow one to beat one's flesh in grief until blood flows.
Just as the pagans would gouge their flesh in grief over their dead, they would mutilate themselves for their idols - TheKessef Mishneh explains that this mutilation was not part of the rites used to worship the false deity - for if so, a violator would be executed - but rather a voluntary act, intended to attract the deity's attention.
as [I Kings 18:28] states - regarding the prophets of the Baal who engaged in the confrontation with the prophet Elijah at Mount Carmel:
"And they mutilated themselves according to their custom." - This implies that this was not an isolated occurrence, but rather the routine followed by the Baal's priests.
This is also forbidden by the Torah, as [Deuteronomy 14:1] states: "Do not mutilate yourselves." - This injunction is not considered to be a separate commandment, but rather a further explanation of the mitzvah stated previously.
[The difference between the two is that if one gouges himself in grief over] the dead, whether he did so with his bare hands or with an instrument, he is [liable for] lashes; - Since the verse from Deuteronomy also concludes "for the dead," it appears that both gashing and gouging are forbidden essentially as mourning rites. There is, however, an added dimension to the prohibition against gashing; doing so
for the sake of idols - In such an instance
if one uses an instrument, one is liable for lashes. - Since that is the normal practice, as the verse from Kings continues: "With their swords and lances."
If one does so with one's bare hands, one is exempt. - Doing so is, nevertheless, forbidden (Tzemach Tzedek).
Commentary Halacha 14
This commandment also includes [a prohibition] - In Sefer HaMitzvot (Negative Commandment 45), the Rambam explains that the interpretation which follows is an allegory, and the simple meaning of the verse is to prohibit gashing oneself in grief. Nevertheless, it is significant that the Rambam includes this "allegory" in a text which is, as he states in his introduction, "halachot, halachot." Thus, he emphasizes how important unity is to the Jewish people.
There is an important halachic dimension to the Rambam's explanation in Sefer HaMitzvot. One of the principles of Torah law is that punishment is never administered for the violation of a לאו שבכללות ("a prohibition which includes within it several different injunctions;" see Hilchot Sanhedrin 18:2-3). If this allegorical interpretation of the mitzvah were considered to be included in the simple meaning of the mitzvah, this principle would also apply regarding this mitzvah, and lashes might not be administered when one gashed oneself in mourning (Kessef Mishneh).
against there being two courts which follow different customs in a single city, since this can cause great strife. - This decision has been the subject of much discussion among the Rabbis, because it appears to run contrary to one of the accepted principles of halachah.
The Rabbis concluded that whenever there is a difference in opinion between Abbaye and Ravva, the halachah follows Ravva, with the exception of six specific instances (יעל קגם). In the present case, the Rambam quotes Abbaye's opinion even though Ravva differs, stating that the prohibition applies only when one follows a divergent opinion without the support of a formal Rabbinical court (Yevamot 14a). When, however, there is a Rabbinical court which advocates each of the differing opinions - e.g., the differences of opinion between the School of Shammai and the School of Hillel - there is no prohibition against following either view until the halachah is determined by the supreme Sanhedrin.
Many authorities have advanced different explanations for the Rambam's decision. The most straightforward is that of the Radbaz (Vol. V, Responsum 1384), who explains that the Rambam favored Abbaye's view because of the emphasis on unity. Furthermore, selecting it over Ravva's in this instance does not represent a break with the accepted tradition, since the difference of opinion here does not center on positions adopted by Abbaye and Ravva independently, but rather on their interpretation of Resh Lakish's statements.
[Because of the similarity in the Hebrew roots,] - The Hebrew גדד means both "gash" and "group."
the prohibition against gashing ourselves [can be interpreted] to mean: "Do not separate into various different groupings." - It must be noted that the Shulchan Aruch does not quote this halachah as law. It would appear that while many of the subsequent Rabbis appreciate the ideal of unity this halachah espouses, they felt that compelling people to conform to a uniform standard would create more strife than would result from the existence of different views.
One of the practical applications of the issues under discussion is the issue of differences between Sephardic and Ashkenazic religious practices (and similarly, the variety of different approaches that exist within these two major groupings). All of the contemporary authorities agree that it is desirable for each group to adhere to its native customs without change. This plurality of halachic perspectives is an expression - and not a negation - of the all-encompassing unity that permeates Torah Judaism. (See Ezrat Cohen, Responsum 103.)
Commentary Halacha 15
A person who creates a bald spot [on his head] for a dead person - Even today, we find the colloquialism, "tear out his hair in grief."
is [liable for] lashes - Sefer HaMitzvot (Negative Commandment 171) and Sefer HaChinuch (Mitzvah 468) consider this prohibition to be one of the 613 mitzvot of the Torah. It is significant that the Rambam did not list this prohibition together with the previous ones in Sefer HaMitzvot.
as [Deuteronomy 14:1] states: "Do not make a bald spot between your eyes - Menachot 37b explains that here the intent is not the area which is literally "between the eyes," but rather the center of the head.
for a dead person." When either a priest or an Israelite makes a bald spot [on his head] for a dead person, he is [liable for] only a single measure of lashes. - Although, as the Rambam quotes below, Leviticus 21:5 states specifically that a priest may not create a bald spot on his head, that verse should not be understood to be a separate commandment, but rather a further elaboration of this prohibition.
In Sefer HaMitzvot (Negative Commandment 171), the Rambam elaborates on this subject, explaining that since the mitzvah cannot be derived in its entirety from the verse in Deuteronomy, the verse in Leviticus is not considered to be a second mitzvah applying to priests alone, but rather a further definition of that same command.
A person who makes four or five bald spots for a single dead person is [liable for] a measure of lashes equivalent to the number of bald spots he made, provided he received a separate warning for each bald spot - as explained in Halachah 12. If, however, he creates a single bald spot for five individuals, he is [liable for] only a single measure of lashes. In contrast, were he to gouge himself once for each of these individuals he would receive a commensurate number of measures of lashes.
There is no difference whether one created the bald spot with his hands - pulling his hair out
or with a potion - that removes the hair chemically.
If a person dipped his fingers into a potion and positioned them in five places on his head at the same time, since he created five bald spots, he is [liable for] five measures of lashes - because it is considered as if he performed five different activities.
even though only a single warning was given - That warning can be applied to each of the bald spots he created
for they were all created at the same time.
One is liable [for creating a bald spot] on any part of the head, [not only] "between the eyes" - as mentioned in the verse from Deuteronomy quoted above.
[as is inferred from Leviticus 21:5]: "Do not make a bald spot on your heads." - Makkot 20b explains that this verse is used to define the scope of the prohibition for everyone, both priests and Israelites.
What is the measure of a bald spot? An area on one's head the size of a gris - Nega'im 6:1 defines a gris as an area which encompasses 36 hairs as they stand naturally on one's head. Contemporary authorities explain that this is approximately the size of an American dime or slightly smaller than an Israeli telephone token.
which is free of hair. - Rabbenu Asher disagrees and maintains that one is liable even if he removes two hairs. Furthermore, even the removal of a single hair is forbidden. (See Shulchan Aruch, Yoreh De'ah 180:9; Gilyon HaMaharsha.)
Commentary Halacha 16
A person who makes a bald spot on his head or gouges his flesh - for sources of grief other than a person's death - e.g.,
because his house falls or because his ship sinks at sea is exempt. - Though it is forbidden to do, punishment is not administered.
One is lashed only [if he carries out these acts] for the sake of a deceased person - as mentioned in the Biblical proof-texts
or if he gashes his flesh - with a utensil
for the sake of an idol - as explained in Halachah 13.
[The following laws apply] when a person creates a bald spot on a colleague's head, makes a gash on a colleague's flesh, or tattoos his colleague's flesh while his colleague assists him. - As explained above, the person who performs these activities is held liable. In contrast, the person to whom these acts are done is held liable only if he assists in the performance of the deed.
If they both intended to violate the prohibition, both receive lashes. - Each is held liable as if he performed the prohibition himself in its entirety.
If one violated the prohibition inadvertently and one did so intentionally, the one who performed the act intentionally is [liable for] lashes, and his colleague is exempt. - Apparently, he is not required even to bring a sacrifice. The obligation to bring a sacrifice is a sign of Divine mercy, intended to allow a person to gain atonement. Since his colleague is [liable for] lashes for the transgression, he is not given the opportunity to atone for his part in the sin merely through offering a sacrifice.
____________________________
Hayom Yom:
Tuesday, 8 Tevet 5775 • 30 December 2014
"Today's Day"
Torah lessons: Chumash: Vayigash, Revi'i with Rashi.
Tehillim: 44-48.
Tanya: Ch. 7. On the other (p. 25)...the students thereby. (p. 27).
The Tzemach Tzedek instructed all the tutors of his young grandchildren, that, in addition to regular studies, they should teach the simple meaning of the prayers. Once a month the children came to their grandfather to be tested in this subject.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
____________________________
Daily Thought:
Beyond Faith & Intellect
Intellect is inadequate because not all things can be explained. Intellect needs faith.
Faith is impotent because it remains forever obscure. Faith needs intellect.
But they are opposites, as contradictory as being and not being: Faith accepts; Intellect questions. Faith surrenders; Intellect struggles.
Miraculously, there is a power that can join them in harmony, and it is called wisdom: The capacity to see the truth as it is and the quietness to allow it entry without loss.[Va’erah 5721:4. Torat Menachem 5751 volume 2, page 349.]
____________________________
Torah lessons: Chumash: Vayigash, Revi'i with Rashi.
Tehillim: 44-48.
Tanya: Ch. 7. On the other (p. 25)...the students thereby. (p. 27).
The Tzemach Tzedek instructed all the tutors of his young grandchildren, that, in addition to regular studies, they should teach the simple meaning of the prayers. Once a month the children came to their grandfather to be tested in this subject.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
____________________________
Daily Thought:
Beyond Faith & Intellect
Intellect is inadequate because not all things can be explained. Intellect needs faith.
Faith is impotent because it remains forever obscure. Faith needs intellect.
But they are opposites, as contradictory as being and not being: Faith accepts; Intellect questions. Faith surrenders; Intellect struggles.
Miraculously, there is a power that can join them in harmony, and it is called wisdom: The capacity to see the truth as it is and the quietness to allow it entry without loss.[Va’erah 5721:4. Torat Menachem 5751 volume 2, page 349.]
____________________________
No comments:
Post a Comment