Today in Jewish History:
• Passing of Rebbetzin Shterna Sarah Schneersohn (1942)
Wife of the fifth Lubavitcher Rebbe, Rabbi Sholom DovBer Schneerson, and mother of the sixth Rebbe, Rabbi Yosef Yitzchak, Rebbetzin Shterna Sarah (1860-1942) lived through the upheavals of the first half of the 20th century. She fled the advancing front of World War I from Lubavitch to Rostov, where her husband passed away in 1920 at age 59. In 1927, she witnessed the arrest of her son by Stalin's henchmen the night he was taken away and sentenced to death, G-d forbid, for his efforts to keep Judaism alive throughout the Soviet empire. After Rabbi Yosef Yitzchak's release, the family resettled in Latvia and later, Poland; in 1940, they survived the bombing of Warsaw, were rescued from Nazi-occupied city, and emigrated to the United States. Rebbetzin Shterna Sarah passed away in New York on the 13th of Shevat of 1942.
• Auschwitz Liberated (1945)
On January 27, 1945, the Russian army arrived in Auschwitz, the most infamous of the Nazi death camps, and liberated some 7,000 survivors—those left behind as unfit to join the evacuation "Death March."
Link: Auschwitz
Daily Quote:
There are times when G‑d hides His face. But then there are times when G‑d hides His face and we don't even realize that His face is hidden; we dwell in darkness, and think it is light. This is a double galut, a concealment within a concealment.[Rabbi Israel Baal Shem Tov}
Daily Study
Chitas and Rambam for today:
Chumash: Yitro, 2nd Portion Exodus 18:13-18:23 with Rashi
• Chapter 18
13. It came about on the next day that Moses sat down to judge the people, and the people stood before Moses from the morning until the evening. יג. וַיְהִי מִמָּחֳרָת וַיֵּשֶׁב משֶׁה לִשְׁפֹּט אֶת הָעָם וַיַּעֲמֹד הָעָם עַל משֶׁה מִן הַבֹּקֶר עַד הָעָרֶב:
It came about on the next day: This was the day after Yom Kippur. This is what we learned in Sifrei [actually in the Mechilta]. Now what is meant by "on the next day"? On the day after his [Moses’] descent from the mountain [which took place on Yom Kippur]. You must admit that it is impossible to say [that the next day means] anything but that [Moses sat down to judge the people] on the day after Yom Kippur. Before the giving of the Torah it was impossible to say (verse 15), “and I make known the statutes, etc.,” [since the statutes had not yet been given]. And from the time that the Torah was given, until Yom Kippur, Moses did not [have the chance to] sit down to judge the people, for on the seventeenth of Tammuz he descended [Mount Sinai] and broke the tablets. On the next day he ascended early in the morning and stayed for eighty days and descended on Yom Kippur. Hence, this section is not written in [chronological] order, for “It came about on the next day,” was not said until the second year. Even according to the one [Tanna] who says that Jethro arrived before the giving of the Torah, he was not sent away to his land until the second year, for it says here (verse 27), “Moses saw his father-in-law off,” and we find in the journey of the divisions [of the tribes, which took place in the second year,] that Moses said to him [Jethro], “We are journeying to the place…Please, do not leave us” (Num. 10:29-31). Now if this [incident] had taken place before the giving of the Torah, where do we find [i.e., where is it mentioned] that he returned? If you say that there [Num. 10:29] Jethro is not mentioned, but Hobab [is mentioned], and he was Jethro’s son, [that is not so since] Hobab is identical with Jethro, for so it is written: “of the children of Hobab, Moses’ father-in-law” (Jud. 4:11). -[based on Mechilta] ויהי ממחרת: מוצאי יום הכיפורים היה, כך שנינו בספרי, ומהו ממחרת, למחרת רדתו מן ההר. ועל כרחך אי אפשר לומר אלא ממחרת יום הכיפורים, שהרי קודם מתן תורה אי אפשר לומר (פסוק טז) והודעתי את חקי וגו', ומשנתנה תורה עד יום הכיפורים לא ישב משה לשפוט את העם, שהרי בשבעה עשר בתמוז ירד ושבר את הלוחות, ולמחר עלה בהשכמה ושהה שמונים יום וירד ביום הכיפורים. ואין פרשה זו כתובה כסדר, שלא נאמר ויהי ממחרת עד שנה שניה, אף לדברי האומר יתרו קודם מתן תורה בא, שילוחו אל ארצו לא היה אלא עד שנה שניה, שהרי נאמר כאן (פסוק כז) וישלח משה את חותנו ומצינו במסע הדגלים שאמר לו משה (במדבר י כט) נוסעים אנחנו אל המקום וגו', (שם לא) אל נא תעזוב אותנו, ואם זו קודם מתן תורה, מששלחו והלך היכן מצינו שחזר ואם תאמר שם לא נאמר יתרו אלא חובב, ובנו של יתרו היה, הוא חובב הוא יתרו, שהרי כתיב (שופטים ד יא) מבני חובב חותן משה:
that Moses sat down…, and the people stood: He sat like a king, and they [everyone who came to be judged] all stood. The matter displeased Jethro, that he [Moses] belittled the respect due [the people of] Israel, and he reproved him about it, as it is said: “Why do you sit by yourself, and they are all standing?” [from Mechilta] וישב משה וגו' ויעמד העם: יושב כמלך וכולן עומדים, והוקשה הדבר ליתרו שהיה מזלזל בכבודן של ישראל והוכיחו על כך, שנאמר (פסוק יד) מדוע אתה יושב לבדך וכלם נצבים:
from the morning until the evening: Is it possible to say this [that Moses actually sat in judgment from morning until evening]? But this [teaches us that] any judge who issues a true verdict-as truth demands it-even [if he spends only] one hour [reaching his judgment], Scripture deems it as if he had engaged in [the study of] the Torah for the entire day, and as if he were a partner with the Holy One, blessed is He, in the [act of] Creation, in which it says: “and it was evening, [and it was morning…]” (Gen. 1:5). [from Mechilta, Shab. 10a] מן הבקר עד הערב: אפשר לומר כן, אלא כל דיין שדן דין אמת לאמיתו אפילו שעה אחת, מעלה עליו הכתוב כאילו עוסק בתורה כל היום, וכאלו נעשה שותף להקב"ה במעשה בראשית, שנאמר בו (בראשית א ה) ויהי ערב ויהי בקר יום אחד:
14. When Moses' father in law saw what he was doing to the people, he said, "What is this thing that you are doing to the people? Why do you sit by yourself, while all the people stand before you from morning till evening?" יד. וַיַּרְא חֹתֵן משֶׁה אֵת כָּל אֲשֶׁר הוּא עֹשֶׂה לָעָם וַיֹּאמֶר מָה הַדָּבָר הַזֶּה אֲשֶׁר אַתָּה עֹשֶׂה לָעָם מַדּוּעַ אַתָּה יוֹשֵׁב לְבַדֶּךָ וְכָל הָעָם נִצָּב עָלֶיךָ מִן בֹּקֶר עַד עָרֶב:
15. Moses said to his father in law, "For the people come to me to seek God. טו. וַיֹּאמֶר משֶׁה לְחֹתְנוֹ כִּי יָבֹא אֵלַי הָעָם לִדְרשׁ אֱלֹהִים:
For…come: Heb. כִּי-יָבֹא, the present tense. [Although, strictly speaking, יָבֹא is the future tense, in this case it is used as the present, i.e., the people of Israel had already come to be judged.] כי יבא: כמו כי בא, לשון הווה:
to seek God: [To be understood] as its Aramaic translation (Onkelos): לְמִתְבַָּע אוּלְפַן, to seek teaching from before the Lord. לדרש א-להים: כתרגומו למתבע אולפן, לשאול תלמוד מפי הגבורה:
16. If any of them has a case, he comes to me, and I judge between a man and his neighbor, and I make known the statutes of God and His teachings." טז. כִּי יִהְיֶה לָהֶם דָּבָר בָּא אֵלַי וְשָׁפַטְתִּי בֵּין אִישׁ וּבֵין רֵעֵהוּ וְהוֹדַעְתִּי אֶת חֻקֵּי הָאֱלֹהִים וְאֶת תּוֹרֹתָיו:
If any of them has a case, he comes to me: The one who has the case comes to me. כי יהיה להם דבר בא: מי שיהיה לו דבר בא אלי:
17. Moses' father in law said to him, "The thing you are doing is not good. יז. וַיֹּאמֶר חֹתֵן משֶׁה אֵלָיו לֹא טוֹב הַדָּבָר אֲשֶׁר אַתָּה עֹשֶׂה:
Moses’ father-in-law said: As a token of honor, Scripture refers to him as the king’s father-in-law [and not by his name]. ויאמר חתן משה: דרך כבוד קוראו הכתוב חותנו של מלך:
18. You will surely wear yourself out both you and these people who are with you for the matter is too heavy for you; you cannot do it alone. יח. נָבֹל תִּבֹּל גַּם אַתָּה גַּם הָעָם הַזֶּה אֲשֶׁר עִמָּךְ כִּי כָבֵד מִמְּךָ הַדָּבָר לֹא תוּכַל עֲשׂהוּ לְבַדֶּךָ:
You will surely wear yourself out: Heb. נָבֹל ךְתִּבָֹּל. As the Targum renders: [You will surely wear yourself out,] but the expression is an expression of withering, fleistre in Old French, like [these examples:] “even the leaves will be withered (נָבֵל)” (Jer. 8:13); “as a leaf withers (כִּנְבֵל עָלֶה) from a vine, etc.” (Isa. 34:4), which withers both from the heat and from the cold, and its strength weakens, and it is worn out. נבל תבל: כתרגומו. ולשונו לשון כמישה פליישטרי"ר בלעז [לכמוש]. כמו (ירמיה ח יג) והעלה נבל, (ישעיה לד ד) כנבול עלה מגפן וגו', שהוא כמוש על ידי חמה ועל ידי קרח, וכחו תש ונלאה:
both you: גַּם-אַךְתָּה lit., also you. [This comes] to include Aaron, Hur, and the 70 elders. גם אתה: לרבות אהרן וחור ושבעים זקנים:
is too heavy for you: Its weight is greater than your strength. כי כבד ממך: כובדו רב יותר מכחך:
19. Now listen to me. I will advise you, and may the Lord be with you. [You] represent the people before God, and you shall bring the matters to God. יט. עַתָּה שְׁמַע בְּקֹלִי אִיעָצְךָ וִיהִי אֱלֹהִים עִמָּךְ הֱיֵה אַתָּה לָעָם מוּל הָאֱלֹהִים וְהֵבֵאתָ אַתָּה אֶת הַדְּבָרִים אֶל הָאֱלֹהִים:
I will advise you, and may the Lord be with you: in [this] counsel. He [Jethro] said to him [Moses], “Go, consult the Lord [as to whether my advice is sound].” -[from Mechilta] איעצך ויהי א-להים עמך: בעצה, אמר לו צא המלך בגבורה:
[You] represent the people before God: [as a] messenger and an intermediary between them and the Omnipresent, and one who inquires of Him concerning the ordinances. — [from Onkelos] היה אתה לעם מול הא-להים: שליח ומליץ בינותם למקום, ושואל משפטים מאתו:
the matters: The matters of their quarrels. — [from Jonathan] את הדברים: דברי ריבותם:
20. And you shall admonish them concerning the statutes and the teachings, and you shall make known to them the way they shall go and the deed[s] they shall do. כ. וְהִזְהַרְתָּה אֶתְהֶם אֶת הַחֻקִּים וְאֶת הַתּוֹרֹת וְהוֹדַעְתָּ לָהֶם אֶת הַדֶּרֶךְ יֵלְכוּ בָהּ וְאֶת הַמַּעֲשֶׂה אֲשֶׁר יַעֲשׂוּן:
21. But you shall choose out of the entire nation men of substance, God fearers, men of truth, who hate monetary gain, and you shall appoint over them [Israel] leaders over thousands, leaders over hundreds, leaders over fifties, and leaders over tens. כא. וְאַתָּה תֶחֱזֶה מִכָּל הָעָם אַנְשֵׁי חַיִל יִרְאֵי אֱלֹהִים אַנְשֵׁי אֱמֶת שׂנְאֵי בָצַע וְשַׂמְתָּ עֲלֵהֶם שָׂרֵי אֲלָפִים שָׂרֵי מֵאוֹת שָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת:
But you shall choose: with the holy spirit that is upon you. — [from Mechilta] ואתה תחזה: ברוח הקודש שעליך:
men of substance: Heb. אַנְשֵׁי-חַיִל, wealthy men, who do not have to flatter or show favoritism. — [from Mechilta] [ אנשי חיל: עשירים, שאין צריכין להחניף ולהכיר פנים:
men of truth: These are people who keep their promises, upon whose words one may rely, and thereby, their commands will be obeyed. — [from Mechilta] אנשי אמת: אלו בעלי הבטחה, שהם כדאי לסמוך על דבריהם, שעל ידי כן יהיו דבריהם נשמעין:
who hate monetary gain: Who hate [to have] their own property in litigation, like [the Talmudic adage] that we say: Any judge from whom money is exacted through litigation is not [fit to be] a judge. — [based on Mechilta and B.B. 58b] שנאי בצע: ששונאין את ממונם בדין כההיא דאמרינן כל דיינא דמפקין ממונא מיניה בדינא לאו דיינא הוא:
leaders over thousands: They were six hundred officers for six hundred thousand [men]. — [from Mechilta, Sanh. 18a] שרי אלפים: הם היו שש מאות שרים לשש מאות אלף:
leaders over hundreds: They were six thousand. — [from Mechilta, Sanh. 18a] שרי מאות: ששת אלפים היו:
leaders over fifties: Twelve thousand. — [from Mechilta, Sanh. 18a] שרי חמשים: שנים עשר אלף:
and leaders over tens: Sixty thousand. — [from Mechilta, Sanh. 18a] [Rashi lists the number of each category of judges, which appears to be superfluous, because the Torah should start with the lowest denomination and ascend to the highest instead of starting with the highest and descending to the lowest. Rashi answers that it starts with the highest officers because they are the lowest number.] שרי עשרת: ששים אלף:
22. And they shall judge the people at all times, and it shall be that any major matter they shall bring to you, and they themselves shall judge every minor matter, thereby making it easier for you, and they shall bear [the burden] with you. כב. וְשָׁפְטוּ אֶת הָעָם בְּכָל עֵת וְהָיָה כָּל הַדָּבָר הַגָּדֹל יָבִיאוּ אֵלֶיךָ וְכָל הַדָּבָר הַקָּטֹן יִשְׁפְּטוּ הֵם וְהָקֵל מֵעָלֶיךָ וְנָשְׂאוּ אִתָּךְ:
And they shall judge: Heb. וְשָׁפְטוּ. [Onkelos renders:] וִִידוּנוּן, an imperative expression.] ושפטו: וידונון, לשון צווי:
thereby making it easier for you: Heb. וְהָקֵל. This thing [i.e., this arrangement will serve] to make it easier for you. וְהָקֵל is like הַכְבֵָּד in “he hardened (וְהַכְבֵָּד) his heart” (Exod. 8: 11) [lit., making heavy his heart]; “and slew (וְהַכּוֹת) the Moabites” (II Kings 3:24) [lit., and slaying the Moabites], a present tense. והקל מעליך: דבר זה להקל מעליך. והקל, כמו (שמות ח יא) והכבד את לבו, (מלכים ב ג כד) והכות את מואב, לשון הווה:
23. If you do this thing, and the Lord commands you, you will be able to survive, and also, all this people will come upon their place in peace." כג. אִם אֶת הַדָּבָר הַזֶּה תַּעֲשֶׂה וְצִוְּךָ אֱלֹהִים וְיָכָלְתָּ עֲמֹד וְגַם כָּל הָעָם הַזֶּה עַל מְקֹמוֹ יָבֹא בְשָׁלוֹם:
and the Lord commands you, you will be able to survive: Consult God; if He commands you to do this, you will be able to endure, but if He prevents you [from doing it], you will be unable to endure. — [from Mechilta] וצוך א-להים ויכלת עמד: המלך בגבורה אם יצוה אותך לעשות כך תוכל עמוד, ואם יעכב על ידך לא תוכל לעמוד:
and also, all this people: Aaron, Nadab, and Abihu, and the 70 elders who now accompany you. — [from Mechilta] וגם כל העם הזה: אהרן נדב ואביהוא ושבעים זקנים הנלוים עתה עמך:
Daily Tehillim: Psalms Chapters 69 - 71
• Chapter 69
1. For the Conductor, on the shoshanim,1 by David.2. Deliver me, O God, for the waters have reached until my soul!3. I have sunk in muddy depths without foothold; I have come into deep waters, and the current sweeps me away.4. I am wearied by my crying, my throat is parched; my eyes pined while waiting for my God.5. More numerous than the hairs on my head are those who hate me without reason. Mighty are those who would cut me off, those who are my enemies without cause. What I have not stolen, I will then have to return.6. O God, You know my folly, and my wrongs are not hidden from You.7. Let not those who hope in You be shamed through me, O my Lord, God of Hosts; let not those who seek You be disgraced through me, O God of Israel,8. because for Your sake I have borne humiliation, disgrace covers my face.9. I have become a stranger to my brothers, an alien to my mother's sons,10. for the envy of Your House has consumed me, and the humiliations of those who scorn You have fallen upon me.11. And I wept while my soul fasted, and it was a humiliation to me.12. I made sackcloth my garment, and became a byword for them.13. Those who sit by the gate speak of me, and [of me] are the songs of drunkards.14. May my prayer to You, Lord, be at a gracious time; God, in Your abounding kindness, answer me with Your true deliverance.15. Rescue me from the mire, so that I not sink; let me be saved from my enemies and from deep waters.16. Let not the current of water sweep me away, nor the deep swallow me; and let not the pit close its mouth over me.17. Answer me, Lord, for Your kindness is good; according to Your abundant mercies, turn to me.18. Do not hide Your face from Your servant, for I am in distress-hurry to answer me.19. Draw near to my soul and liberate it; redeem me, so that my enemies [not feel triumphant].20. You know my humiliation, my shame, and my disgrace; all my tormentors are before You.21. Humiliation has broken my heart, and I have become ill. I longed for comfort, but there was none; for consolers, but I did not find.22. They put gall into my food, and for my thirst they gave me vinegar to drink.23. Let their table become a trap before them, and [their] serenity, a snare.24. Let their eyes be darkened so that they cannot see, and let their loins continually falter.25. Pour Your wrath upon them, and let the fierceness of Your anger overtake them.26. Let their palace be desolate, let there be no dweller in their tents,27. for they persecute the one whom You struck, and tell of the pain of Your wounded ones.28. Add iniquity to their iniquity, and let them not enter into Your righteousness.29. May they be erased from the Book of Life, and let them not be inscribed with the righteous.30. But I am poor and in pain; let Your deliverance, O God, streng-then me.31. I will praise the Name of God with song, I will extol Him with thanksgiving!32. And it will please the Lord more than [the sacrifice of] a mature bull with horns and hooves.33. The humble will see it and rejoice; you seekers of God, [see] and your hearts will come alive.34. For the Lord listens to the needy, and He does not despise His prisoners.35. Let heaven and earth praise Him, the seas and all that moves within them,36. for God will deliver Zion and build the cities of Judah, and they will settle there and possess it;37. and the seed of His servants will inherit it, and those who love His Name will dwell in it.
Chapter 70
David prays that his enemies be shamed and humiliated for their shaming him and reveling in his troubles. Then the righteous will rejoice, and chant songs and praises always.
1. For the Conductor, by David, to remind.2. O God, [come] to rescue me; O Lord, hurry to my aid.3. Let those who seek my life be shamed and disgraced; let those who wish me harm retreat and be humiliated.4. Let those who say, "Aha! Aha!" be turned back in return for their shaming [me].5. Let all who seek You rejoice and delight in You, and let those who love Your deliverance say always, "May God be exalted!”6. But I am poor and needy; hurry to me, O God! You are my help and deliverer; O God, do not delay!
Chapter 71
In this awe-inspiring prayer, David speaks of his enemies' desire to kill him, declaring him deserving of death.
1. I have taken refuge in You, O Lord; I will never be shamed.2. Rescue me and deliver me in Your righteousness; incline Your ear to me and save me.3. Be for me a sheltering rock, to enter always. You have ordered my salvation, for You are my rock and my fortress.4. O my God, rescue me from the hand of the wicked, from the palm of the scheming and violent.5. For You are my hope, O my Lord, God, my security since my youth.6. I have relied on You from the womb; You drew me from my mother's innards; my praise is of You always.7. I became an example to the masses, yet You were my mighty refuge.8. Let my mouth be filled with Your praise, all day long with Your glory.9. Do not cast me aside in old age; do not forsake me when my strength fails;10. for my enemies say of me, and those who watch my soul conspire together,11. saying, "God has forsaken him. Give chase and catch him, for there is no rescuer.”12. O God, do not distance Yourself from me; my God, hurry to my aid.13. Let the adversaries of my soul be shamed and consumed; let those who seek my harm be enwrapped in disgrace and humiliation.14. But as for me, I will always hope; I will add to all Your praises.15. My mouth will tell of Your righteousness, all day long of Your deliverance, for I do not know their number.16. I come with the strength of my Lord, God; I mention Your righteousness, Yours alone.17. O God, You have taught me since my youth, and to this day I tell of Your wonders.18. Even into old age and hoariness, O God, do not abandon me, until I tell of Your might to the generations, and of Your strength to all who are to come.19. Your righteousness, O God, reaches the high heavens, for You do great things; O God, who is like You!20. You, Who has shown me many and grievous troubles, You will revive me again; You will lift me again from the depths of the earth.21. You will increase my greatness; You will turn and console me.22. I too1 will thank You on the lyre for Your faithfulness, My God; I will sing to You on the harp, O Holy One of Israel.23. My lips will rejoice when I sing to you, as well as my soul which You have redeemed.24. My tongue will also utter Your righteousness all day, for those who seek my harm are shamed and disgraced.
Tanya: Likutei Amarim, end of Chapter 23
• Daily Tanya
Likutei Amarim, end of Chapter 23
ובזה יובן למה גדלה מאד מעלת העסק בתורה יותר מכל המצות, ואפילו מתפלה שהיא יחוד עולמות עליונים
This discussion of the exalted unity with G‑d attained through Torah study, which is even greater than that accomplished by performing the mitzvot, explains why Torah study is so much loftier than all the other commandments, including even prayer, which effects unity within the supernal worlds.
והא דמי שאין תורתו אומנתו צריך להפסיק, היינו מאחר דמפסיק ומבטל בלאו הכי
(1Although the law requires of anyone whose Torah study is not his entire occupation that he interrupt his study for prayer, 2 which would seem to indicate that prayer surpasses Torah study, this is so only because he would in any case pause and interrupt his studies.)
Thus it is not the law which causes him to interrupt. The law merely states that the interruption which he would have made regardless, be made at the time designated for prayer; and as soon as he interrupts his studies, he is automatically obliged to pray. 3
ומזה יוכל המשכיל להמשיך עליו יראה גדולה בעסקו בתורה
From this explanation of the lofty stature of Torah study the wise man will be able to draw upon himself a sense of great awe as he engages in the study of the Torah, 4
כשיתבונן איך שנפשו ולבושיה שבמוחו ובפיו הם מיוחדים ממש בתכלית היחוד ברצון העליון ואור אין סוף ברוך הוא ממש המתגלה בהם
when he considers how his soul and its “garments” of thought and speech that are found in his brain and mouth are truly fused in perfect unity with the Divine Will and the infinite light of Ein Sof that is manifest in them i.e., in the soul and its garments when he studies Torah.
מה שכל העולמות עליונים ותחתונים כלא חשיבי קמיה וכאין ואפס ממש, עד שאינו מתלבש בתוכם ממש, אלא סובב כל עלמין בבחינת מקיף להחיותם עיקר חיותם, רק איזו הארה מתלבשת בתוכם מה שיכולים לסבול שלא יתבטלו במציאות לגמרי
This infinite light manifest in one’s Torah study is of such a lofty level that all the upper and lower worlds are truly as naught in comparison with it; are in fact as absolutely nothing at all, so much so that they can only bear to have a minute glow of it clothed in them without their reverting to nothingness altogether. Their main life-force which they receive from it, however, is not clothed within them, but animates them from the outside, so to speak, in a transcendent, encompassing manner.
When he considers that the very same Divine light that is completely beyond the capacity of all the worlds manifests itself openly in his Torah study, the thinking man will naturally experience a sense of awe when he studies Torah.
וזהו שכתוב: ויצונו ה’ את כל החוקים האלה ליראה את ה‘ וגו’
This is the meaning of the verse, 5 “And G‑d commanded us [to fulfill] all these statutes, in order to fear G‑d.”
According to this verse, observing the mitzvot would appear to be the first step, and this leads to the fear of G‑d. Logically, however, the performance of G‑d’s commandments would seem to be a result of one’s fear of Him, and notvice versa. The Alter Rebbe therefore explains that the above verse speaks of a higher level of awe than that which is a prerequisite for performing the commandments. This level can only be attained as a result of one’s observance of the commandments.
Now if the commandments lead one to a higher level in the fear of G‑d, surely the study of the Torah leads one to a still higher level. This the Alter Rebbe now discusses.
ועל יראה גדולה זו אמרו: אם אין חכמה אין יראה, והתורה נקראת אצלה תרעא לדרתא, כמו שכתוב במקום אחר
(Regarding this great fear our Sages said, 6 “If there is no wisdom there is no fear.” In this context, “wisdom” represents Torah study, and “fear” — the higher level of the awe of G‑d which can be reached only by way of the Torah. By contrast, the statement, “If there is no fear, there is no wisdom,” refers to the lower level of fear which is a prerequisite for Torah study, as stated above. In relation to this level of fear, the Torah is called7“a gateway to the dwelling,” i.e., the sole means of entering the dwelling, viz., the higher level of fear, as is explained elsewhere.)
אלא דלאו כל מוחא סביל דא יראה כזו. אך גם מאן דלא סביל מוחו כלל יראה זו, לא מינה ולא מקצתה, מפני פחיתות ערך נפשו בשרשה ומקורה במדרגות תחתונות דעשר ספירות דעשיה, אין יראה זו מעכבת בו למעשה, כמו שכתוב לקמן
Not every mind, however, can sustain such a fear. Yet even he whose mind cannot bear such a fear, nor even a minute part of it, because the root and source of his soul derives from an inferior level — the lower gradations of the Ten Sefirot of the World of Asiyah, — even he should not be deterred from the actual performance of the Torah and the mitzvot for want of this fear, as will be explained further.
FOOTNOTES
1. Parentheses are in the original text.
2. Shabbat 11a; Rambam, Hilchot Tefillah 6:8; R. Shneur Zalman, Shulchan Aruch 106:4.
3. This interpretation is based on a note by the Rebbe.
4. The point of the following discussion of the awe of G-d that Torah study engenders in the student, and its relevance here, are explained by the Rebbe as follows: The Alter Rebbe has pointed out that the level of union with G-d's Will found in the study of the Torah is greater than the union attained through other mitzvot. He now goes on to say that as a result of this superior quality, the study of the Torah is superior in yet another respect, viz., it creates in the student a greater awe of G-d than that which the mitzvot create in those who perform them. In fact, this latter quality is more important than the former. Since the goal of all the mitzvot (and their attendant union with G-d's Will) is to lead us to fear Him (as the Alter Rebbe will quote shortly), the superiority of Torah over mitzvot in the attainment of this goal is more important than its intrinsic superiority - in union with G-d's Will. The relevance of this subject here lies in the fact that the entire discussion of the qualities of Torah and mitzvot is intended to show how "it is very near to you .... in your mouth and heart ......" (see our introduction to chapter 18). Clearly, the greater one's awe of G-d, the more is it "very near to you."
5. Cf. Devarim 6:24.
6. Avot 3:17.
7. Shabbat 31b; Yoma 72b.
8. Ch. 41.
Rambam:
• Sefer Hamitzvos:
Daily Mitzvah
P165, N329, P164, N196
Positive Commandment 165 (Digest)
Resting on Yom Kippur
"[Yom Kippur] shall be a Sabbath of solemn rest for you"—Leviticus 16:31.
We are commanded to rest, by abstaining from creative work, on the tenth day of Tishrei—Yom Kippur.
The 165th mitzvah is that we are commanded to refrain from the various categories of melachah1 and prohibited activities2 on this day [of Yom Kippur]
The source of this commandment is G‑d's statement,3 "It is a Sabbath of Sabbaths to you."
We have already explained many times4 that the term Shabbasonindicates a positive commandment.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. See first footnote in N320.
2. . Kapach, 5731, footnote 23 points out that the Arabic word, "ashgal" refers in this context to all other types of prohibited activity.
3. Lev. 16:31.
4. See P90, P135, P159, and P163.
5. Since this mitzvah prohibits melachah, it would seem to be a negative commandment. However, since the term "Shabbason" is used, the mitzvah is counted among the positive commandments.
Negative Commandment 329 (Digest)
Working on Yom Kippur
"And you shall do no work on that very day [of Yom Kippur]"—Leviticus 23:28.
We are forbidden to engage in any creative work on the tenth of Tishrei, Yom Kippur.
The 329th prohibition is that we are forbidden from performing melachah1on Yom Kippur.
The source of this commandment is G‑d's statement,2 "Do not do anymelachah [on this day, because it is a day of atonement]."
If one intentionally transgresses this commandment, the punishment iskores3 as explained in Scripture.4 If the act was unintentional, he must bring a sin-offering.5
The details of this commandment are explained in tractate Beitza6 andMegillah.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 first footnote in N320.
2. Lev. 23:28.
3. See Principle 14, where the Rambam defines kores as losing one's portion in the World to Come (unless the person does teshuvah before death). See also Hilchos Teshuvah, Chapter 8, Halachah. 1.
4. Lev. 23:30. "If one does any work on this day, I will destroy him [i.e. punish him with kores] from among his people."
5. See P69. This offering is called a "fixed sin-offering," to distinguish it from the offering of adjustable value (P72).
6. 18b.
7. 30b.
Positive Commandment 164 (Digest)
Fasting on Yom Kippur
"You shall afflict your souls"—Leviticus 16:29.
We are commanded to fast on the tenth of Tishrei, Yom Kippur. We afflict ourselves by abstaining from food and drink, the nourishment of the soul.
We are also commanded to refrain on Yom Kippur from bathing, applying creams or ointments, wearing [leather] shoes and engaging in marital relations.
The 164th mitzvah is that we are commanded to fast on the tenth of Tishrei [i.e. Yom Kippur].
The source of this commandment is G‑d's statement1 (exalted be He), "You must afflict your lives."
The Sifra explains: "The expression 'You must afflict your lives' refers to 'affliction' that affects one's actual life. What is that? Eating and drinking."
The Oral Tradition2 explains that one must also refrain from bathing, anointing, wearing leather shoes, and engaging in marital relations.
The source that one must refrain from all these activities is the verse,3 "It is a Sabbath of Sabbaths to you, and you must afflict your lives." The verse says, "Sabbath of Sabbaths," to indicate that one must refrain [observe a "Sabbath"] from the various categories of melachah4 and prohibited activities, and that one must refrain [observe a "Sabbath"] from those things which nourish and sustain the body. The Sifra says, "What is the source that bathing, anointing, and marital relations are forbidden on Yom Kippur? From the verse, 'Sabbath of Sabbaths.' " This means that one must refrain [observe a "Sabbath"] from these activities in order to reach the state of affliction.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. Lev. 16:29.
2. See Yoma 73a.
3. Lev. 16:31.
4. See P165.
5. Therefore the verse says, "It is a Sabbath of Sabbaths to you, and you must afflict your lives": through making a "Sabbath" (i.e. refraining from these activities), one reaches a state of affliction.
Negative Commandment 196 (Digest)
Eating on Yom Kippur
"For any soul that shall not be afflicted... shall be cut off..."—Leviticus 23:29.
It is forbidden to eat on the tenth of Tishrei, Yom Kippur.
The 196th prohibition is that we are forbidden from eating on Yom Kippur.
There is no verse in the Torah that explicitly prohibits this act.1 However, since the punishment – that one who eats is punished by kores – is mentioned, we know that eating is counted as a prohibition.
The source which describes the punishment is G‑d's statement,2 "If anyone does not fast on this day, he shall be punished by kores."
In the beginning of Tractate Kerisus, all those who are punished by koresare listed, and one who eats on Yom Kippur is listed among them. It also explains that all mitzvos which are punishable by kores are prohibitions, except for the Pesach sacrifice and circumcision. Therefore, clearly eating on Yom Kippur counts as a prohibition.
Therefore, if one intentionally transgresses this commandment, the punishment is kores, and if the act was unintentional, he must bring a sin-offering, as explained in the beginning of Tractate Kerisus.
This [i.e. that eating on Yom Kippur counts also as a prohibition] is also explained in the Tractate Horiyos,3 which rules that one is required to bring a sin-offering only if one violates a prohibition. The proof for this is G‑d's statement4 (may He be exalted and elevated) regarding those who are required to bring a sin-offering, "[And they violate] one of the prohibitory commandments of G‑d."
The Sifra says5: "The verse, 'If anyone does not fast on this day, he shall be punished by kores", describes the punishment for not fasting. However, we do not have a verse to serve as the actual prohibition.
But [there is an "extra" verse that serves as the actual prohibition;] we do not really need a verse to tell you the punishment for doing melachah on Yom Kippur, because we could derive it from the following kal vechomer:6if for the prohibition of fasting, which [applies only on Yom Kippur, and] not on Shabbos and holidays, one receives punishment, then certainly for the prohibition of melachah, which applies on holidays and Shabbos [and is therefore more strict] one should receive punishment. If so, why is there a verse stating the punishment for doing melachah? From it we learn the actual prohibition of eating on Yom Kippur: just as the punishment formelachah follows its prohibition, so too the punishment for eating follows its prohibition."
The details of this mitzvah are explained in Tractate Yoma.
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. The rule is that every prohibition has one verse which tells you that the act is prohibited, and another verse which gives the punishment for the transgression. (See N195.) Regarding not eating on Yom Kippur, the only apparent verse is the one describing the punishment. TheRambam therefore first explains how we know that eating on Yom Kippur counts as a prohibition, and then explains which verse tells us the actual prohibition.
2. Lev. 23:29.
3. See Rambam's Commentary on the Mishneh, Ch. 2, Mishneh 4.
4. Lev. 4:13.
5. After having established that not eating on Yom Kippur must be a prohibition, the Rambam now quotes the Sifra, which identifies the verse that serves as the actual prohibition itself.
6. This general principle of the Oral Tradition allows one to generalize from one case to a more obvious one. Here, since the less serious prohibition (eating on Yom Kippur) is punished bykores, certainly the more serious prohibition (doing melachah on Yom Kippur) would punished by kores, even if the verse regarding melachah (Lev. 23:30, N329 above) would not have been written.
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.• 1 Chapter: Teshuvah Teshuvah - Chapter Two
Teshuvah - Chapter Two
Halacha 1
[Who has reached] complete Teshuvah? A person who confronts the same situation in which he sinned when he has the potential to commit [the sin again], and, nevertheless, abstains and does not commit it because of his Teshuvah alone and not because of fear or a lack of strength.
For example, a person engaged in illicit sexual relations with a woman. Afterwards, they met in privacy, in the same country, while his love for her and physical power still persisted, and nevertheless, he abstained and did not transgress. This is a complete Baal-Teshuvah. This was implied by King Solomon in his statement [Ecclesiastes 12:1] "Remember your Creator in the days of your youth, [before the bad days come and the years draw near when you will say: `I have no desire for them.'"]
If he does not repent until his old age, at a time when he is incapable of doing what he did before, even though this is not a high level of repentance, he is a Baal-Teshuvah.
Even if he transgressed throughout his entire life and repented on the day of his death and died in repentance, all his sins are forgiven as [Ecclesiastes, op. cit.:2] continues: "Before the sun, the light, the moon, or the stars are darkened and the clouds return after the rain..." - This refers to the day of death. Thus, we can infer that if one remembers his Creator and repents before he dies, he is forgiven.
Halacha 2
What constitutes Teshuvah? That a sinner should abandon his sins and remove them from his thoughts, resolving in his heart, never to commit them again as [Isaiah 55:7] states "May the wicked abandon his ways...." Similarly, he must regret the past as [Jeremiah 31:18] states: "After I returned, I regretted."
[He must reach the level where] He who knows the hidden will testify concerning him that he will never return to this sin again as [Hoshea 14:4] states: "We will no longer say to the work of our hands: `You are our gods.'"
He must verbally confess and state these matters which he resolved in his heart.
Halacha 3
Anyone who verbalizes his confession without resolving in his heart to abandon [sin] can be compared to [a person] who immerses himself [in a mikvah] while [holding the carcass of] a lizard in his hand. His immersion will not be of avail until he casts away the carcass.
This principle is implied by the statement, [Proverbs 28:13], "He who confesses and forsakes [his sins] will be treated with mercy."
It is necessary to mention particularly one's sins as evidenced by [Moses' confession, Exodus 32:31]: "I appeal to You. The people have committed a terrible sin by making a golden idol."
Halacha 4
Among the paths of repentance is for the penitent to
a) constantly call out before God, crying and entreating;
b) to perform charity according to his potential;
c) to separate himself far from the object of his sin;
d) to change his name, as if to say "I am a different person and not the same one who sinned;"
e) to change his behavior in its entirety to the good and the path of righteousness; and f) to travel in exile from his home. Exile atones for sin because it causes a person to be submissive, humble, and meek of spirit.
Halacha 5
It is very praiseworthy for a person who repents to confess in public and to make his sins known to others, revealing the transgressions he committed against his colleagues.
He should tell them: "Though I sinned against so and so, committing the following misdeeds.... Behold, I repent and express my regret." Anyone who, out of pride, conceals his sins and does not reveal them will not achieve complete repentance as [Proverbs 28:13] states: "He who conceals his sins will not succeed."
When does the above apply? In regard to sins between man and man. However, in regard to sins between man and God, it is not necessary to publicize one's [transgressions]. Indeed, revealing them is arrogant. Rather, a person should repent before God, blessed be He, and specifically mention his sins before Him. In public, he should make a general confession. It is to his benefit not to reveal his sins as [Psalms 32:1] states: "Happy is he whose transgression is forgiven, whose sin is covered."
Halacha 6
Even though repentance and calling out [to God] are desirable at all times, during the ten days between Rosh HaShanah and Yom Kippur, they are even more desirable and will be accepted immediately as [Isaiah 55:6] states: "Seek God when He is to be found."
When does the above apply? To an individual. However, in regard to a community, whenever they repent and cry out wholeheartedly, they are answered immediately as [Deuteronomy 4:7] states: "[What nation is so great that they have God close to them,] as God, our Lord, is whenever we call Him."
Halacha 7
Yom Kippur is the time of Teshuvah for all, both individuals and the community at large. It is the apex of forgiveness and pardon for Israel. Accordingly, everyone is obligated to repent and confess on Yom Kippur.
The mitzvah of the confession of Yom Kippur begins on the day's eve, before one eats [the final meal], lest one choke to death in the meal before confessing.
Although a person confessed before eating, he should confess again in the evening service, Yom Kippur night, and similarly, repeat the confession in the morning, Musaf, afternoon, and Ne'ilah services.
At which point [in the service] should one confess? An individual confesses after the Amidah and the Chazan confesses in the midst of the Amidah, in the fourth blessing.
Halacha 8
The confessional prayer customarily recited by all Israel is: "For we have all sinned...." This is the essence of the confessional prayer.
Sins which were confessed on one Yom Kippur should be confessed on another Yom Kippur even though one remains steadfast in his repentance, as [Psalms 51:5] states: "I acknowledge my transgressions and my sins are always before me."
Halacha 9
Teshuvah and Yom Kippur only atone for sins between man and God; for example, a person who ate a forbidden food or engaged in forbidden sexual relations, and the like. However, sins between man and man; for example, someone who injures a colleague, curses a colleague, steals from him, or the like will never be forgiven until he gives his colleague what he owes him and appeases him.
[It must be emphasized that] even if a person restores the money that he owes [the person he wronged], he must appease him and ask him to forgive him.
Even if a person only upset a colleague by saying [certain] things, he must appease him and approach him [repeatedly] until he forgives him.
If his colleague does not desire to forgive him, he should bring a group of three of his friends and approach him with them and request [forgiveness]. If [the wronged party] is not appeased, he should repeat the process a second and third time. If he [still] does not want [to forgive him], he may let him alone and need not pursue [the matter further]. On the contrary, the person who refuses to grant forgiveness is the one considered as the sinner.
[The above does not apply] if [the wronged party] was one's teacher. [In that instance,] a person should continue seeking his forgiveness, even a thousand times, until he forgives him.
Halacha 10
It is forbidden for a person to be cruel and refuse to be appeased. Rather, he should be easily pacified, but hard to anger. When the person who wronged him asks for forgiveness, he should forgive him with a complete heart and a willing spirit. Even if he aggravated and wronged him severely, he should not seek revenge or bear a grudge.
This is the path of the seed of Israel and their upright spirit. In contrast, the insensitive gentiles do not act in this manner. Rather, their wrath is preserved forever. Similarly, because the Gibeonites did not forgive and refused to be appeased, [II Samuel 21:2] describes them, as follows: "The Gibeonites are not among the children of Israel."
Halacha 11
If a person wronged a colleague and the latter died before he could ask him for forgiveness, he should take ten people and say the following while they are standing before the colleague's grave: "I sinned against God, the Lord of Israel, and against this person by doing the following to him...."
If he owed him money, he should return it to his heirs. If he is unaware of the identity of his heirs, he should place [the sum] in [the hands of] the court and confess.
Shevitat Asor - Chapter One
Halacha 1
It is a positive commandment1 to refrain from all work on the tenth [day] of the seventh month2, as [Leviticus 16:31] states: "It shall be a Sabbath of Sabbaths3for you." Anyone who performs a [forbidden] labor negates the observance of [this] positive commandment and violates a negative commandment4, as [Numbers 29:7] states, "You shall not perform any labor."
What liability does a person incur for performing a [forbidden] labor on this day? If he performs [the forbidden labor] willfully, as a conscious act of defiance,5 he is liable for karet.6If he performs [the forbidden labor] inadvertently, he is liable to bring a sin offering whose nature is fixed.7
Halacha 2
All the [forbidden] labors8 for which one is liable to be executed by stoning for performing on the Sabbath cause one to be liable for karet if performed on the tenth [of Tishrei].9 Any activity that incurs the obligation of a sin offering on the Sabbath incurs the obligation of a sin offering on Yom Kippur.
Any activity that is forbidden to be performed on the Sabbath10- although it is not a forbidden labor - is forbidden to be performed on Yom Kippur. If one performs such an act, one is punished by stripes for rebellion, as one is punished [for performing the same act] on the Sabbath.11
Whatever is forbidden to be carried on the Sabbath is forbidden to be carried on Yom Kippur.12 Whatever is forbidden to be said or done at the outset on the Sabbath is likewise forbidden on Yom Kippur.13 The general principle is that there is no difference between the Sabbath and Yom Kippur14 in this regard, except that a person who willfully performs a forbidden labor on the Sabbath is liable for execution by being stoned to death, and on Yom Kippur [such an act warrants merely] karet.
Halacha 3
It is permitted to trim a vegetable on the day of Yom Kippur from mid-afternoon15 onward.16 What is meant by trimming a vegetable? To remove the wilted leaves, and to cut the others to prepare them for consumption. Similarly, it is permitted to crack open nuts and to open pomegranates on Yom Kippur from mid-afternoon onward. [These leniencies were granted] so that one will not endure hardship.17
When Yom Kippur falls on the Sabbath, it is forbidden to trim vegetables and open nuts and pomegranates the entire day.18 It has already become the universally accepted custom in Babylon and in North Africa not to perform these activities during the fast.19Instead, [Yom Kippur is observed] as the Sabbath is with regard to all its particulars.
Halacha 4
There is another positive commandment on Yom Kippur, to refrain from eating and drinking, as [Leviticus 16:29] states: "You shall afflict your souls." According to the Oral Tradition, it has been taught: What is meant by afflicting one's soul? Fasting.20
Whoever fasts on this day fulfills a positive commandment.21 Whoever eats or drinks on this day negates the observance of [this] positive commandment and violates a negative commandment22, as [ibid. 23:29] states, "Any soul that does not afflict itself will be cut off." Since the Torah punishes a person who does not fast with karet, we can derive from this that we are forbidden to eat and drink on this day.23
A person who eats or drinks inadvertently on this day is liable to bring a sin offering of a fixed nature.
Halacha 5
Similarly, according to the Oral Tradition, it has been taught that it is forbidden to wash, anoint oneself, wear shoes, or engage in sexual relations on this day.24 It is a mitzvah to refrain from these activities in the same way one refrains from eating and drinking.
This is derived from [the exegesis of the expression,] "A Sabbath of Sabbaths." "A Sabbath" implies refraining from eating; "of Sabbaths," refraining from these activities.25
One is liable, however, for karet or a sin offering only for eating and drinking. If one washes, anoints oneself, wears shoes, or engages in sexual relations, one receives stripes for rebelliousness.
Halacha 6
Just as [the obligation to] refrain from work applies both during the day and at night, so too, [the obligation to] refrain from [these activities and thus to] afflict oneself applies both during the day and at night.
It is obligatory to add [time]26 from the mundane to the sacred at both the entrance and departure of the holiday, as [implied by ibid. 23:32]: "And you shall afflict your souls on the ninth of the month in the evening."27 [Since the date of the fast is the tenth,] the intent is [obviously] that one begin fasting and afflicting oneself in the afternoon of the ninth, which directly precedes the tenth.
Similarly, at the departure [of the holiday], one should prolong the affliction slightly, [entering] the night of the eleventh, which follows the tenth, as [implied by ibid.]: "From evening to evening, you shall keep this day of refraining."
Halacha 7
When women eat and drink until nightfall, without knowing that we are obligated to add [time] from the weekday to the holiday, they should not be rebuked,28lest they perform [the transgression] willfully. It is impossible for there to be a policeman in every person's house to warn his wives. Thus, it is preferable to let [the situation] remain [as it is], so that they will transgress unintentionally, instead of intentionally. The same [principle] applies in other similar instances.29
FOOTNOTES
1. Sefer HaMitzvot (Positive Commandment 165) and Sefer HaChinuch (Mitzvah 317) both include this as one of the 613 mitzvot of the Torah.
2. I.e., Tishrei, which is the seventh month when reckoning from Nisan.
3. Shabbat 24b states that the word shabbaton, literally, "a day of rest," implies a positive mitzvah.
4. This is also considered to be one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 329) and Sefer HaChinuch (Mitzvah 315)].
5. The Radbaz (Vol. V, Responsum 1510) notes that the Rambam uses the expression "willingly, as a conscious act of defiance" with regard to the transgressions of idolatry (Hilchot Avodat Kochavim 3:1), the Sabbath laws (Hilchot Shabbat 1:1), and the laws of Yom Kippur. With regard to all other transgressions punishable by כרת, the Rambam merely states "as a conscious act of defiance."
The Radbaz explains that it is possible that the Rambam mentioned the concept of "willingly" with regard to these three transgressions because they are the first cases of כרת mentioned in theMishneh Torah. After mentioning the concept on these three occasions, he does not consider that further repetition is necessary.
6. כרת means "cut off." Mo'ed Katan 28a relates that a person liable for כרת would die prematurely, before reaching the age of fifty. The Rambam (Hilchot Teshuvah 8:1) emphasizes that being "cut off in this world" is not the sum total of Divine retribution for such a transgression. In addition, the person's soul is also cut off and prevented from reaching the world to come.
7. The Rambam uses this term to differentiate the sin offering required here from a קרבן עולה ויורד - a guilt offering - which differs depending on the financial status of the person bringing it. (See Hilchot Shegagot 1:4.)
8. The 39 labors forbidden on the Sabbath are listed in Hilchot Shabbat 7:1 and explained in the subsequent chapters there. Unlike the holidays, on which the forbidden labors involved in the preparation of food are permitted, on Yom Kippur these activities are forbidden.
9. The Or Sameach notes that in contrast to the remainder of the halachah, in this instance the Rambam does not refer to the day with the name Yom Kippur. He explains that the name Yom Kippur, meaning "the day of atonement," is not relevant to a person who performs a forbidden labor on this day. Since the person acts in contrast to the holy nature of the day, he is not granted atonement.
10. The commentaries explain that this refers to the activities defined as sh'vut, which are forbidden by the Torah. The specification of which activities should be included in this category was, however, made subject to our Sages' definitions. (See Hilchot Shabbat, Chapters 21-23.)
11. See Hilchot Shabbat 1:3. (See Hilchot Edut 18:6 for a definition of this punishment.)
12. This refers to the laws of muktzeh mentioned in Hilchot Shabbat, Chapters 25-26.
13. This refers to the prohibitions mentioned in Hilchot Shabbat, Chapter 24, which are not associated with forbidden labors, but are prohibited in order to make the Sabbath distinct from the other days of the week.
14. On a theoretical basis, there are commentaries that take issue with the Rambam's statements, explaining that there is another difference. On the Sabbath, we follow the principle of chiluk melachot, that one can incur liability for every forbidden labor as a separate entity. Therefore, if a person inadvertently performed two different types of forbidden labor, he would have to bring two sin offerings.
These authorities maintain that on Yom Kippur (as on the holidays) this principle does not apply, and one is liable for only a single sin offering even when one inadvertently performs several types of forbidden labor. (See Sha'agat Aryeh, Responsum 70.)
15. Mid-afternoon refers to minchah katanah, 3:30 PM (according to seasonal hours).
16. Earlier it is forbidden, lest one eat from the vegetable. Nevertheless, by this late hour one is conscious that the evening is approaching and will refrain from breaking the fast (Shulchan Aruch HaRav 611:7).
17. The Maggid Mishneh explains that the intent is the hardship a person would suffer if he had to labor to prepare food at night after fasting the entire day.
18. So as not to distinguish between this and the other Sabbaths of the year, and thereby to emphasize that the leniency was granted only because of the fast (Shulchan Aruch HaRav611:6).
19. Shabbat 115a relates that even in the time of the Talmud, this restriction was observed.
20. In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that since the connection between the body and the soul is established through nourishment, withholding such nourishment is considered an affliction to the soul. See Yoma 74b.
21. Sefer HaMitzvot (Positive Commandment 164) and Sefer HaChinuch (Mitzvah 313) both include this as one of the 613 mitzvot of the Torah.
22. This is also considered one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 196) and Sefer HaChinuch (Mitzvah 316)].
23. It is an established tradition that there are only two positive commandments - circumcision and offering a Pesach sacrifice - whose lack of observance are punishable by karet. Therefore, the fact that eating on Yom Kippur is punishable by karet indicates that it violates a negative commandment [Sefer HaMitzvot (Negative Commandment 196)].
24. In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that the Torah mentions the concept of afflicting oneself on Yom Kippur five times. As such, the Oral Tradition (Yoma 76a) explains that there are five different activities forbidden on that day and cites (ibid. 76a-77a) various allusions to these five prohibitions. The terms he uses for allusions, asmachta'ot, indicates that he does not view the four prohibitions other than eating and drinking as having the status of a Torah commandment.
Similarly, the punishment that he states should be given for these activities, "stripes for rebellion," is the punishment received for transgressing a Rabbinic commandment.
[It must be noted that this matter was a question on which the Rambam deliberated. For an early edition of his Commentary on the Mishnah states that one should receive lashes for performing these activities, indicating that, at that time, he saw them as forbidden by the Torah itself. Similarly, the Rambam's wording in Sefer HaMitzvot (loc. cit.) appears to indicate that these prohibitions are forbidden by the Torah itself. This view is advanced by several authorities including Rabbenu Nissin, the Magen Avraham 611, and the Shulchan Aruch HaRav 611:2.]
Based on the explanations above, it would appear that the term "according to the Oral Tradition" as used in this halachah has a different meaning from that in the previous halachah. In the previous halachah, the term denoted an interpretation of a verse in the Torah. Therefore, the prohibition was given the status of a Torah commandment. In this halachah, the term refers to a concept that has been transmitted through a chain of tradition extending back to Moses. Nevertheless, it is a decree that does not stem from a Biblical verse and is therefore considered to be Rabbinic in origin.
Other Rabbinic authorities (Rabbenu Asher and the Ashkenazic authorities) clearly state that the prohibitions against these other activities are Rabbinic in nature. Therefore, certain leniencies are granted in their regard, as reflected in Chapter 3, Halachah 1 (Kessef Mishneh).
25. The reference to the phrase "a Sabbath of Sabbaths" is taken from Yoma 74a. The interpretation is, however, the Rambam's.
Based on the concepts explained above - that the prohibition against the remaining four types of afflictions is Rabbinic in origin and is not based on the explanation of a verse in the Torah - theMa'aseh Rokeach suggests amending the text to read, "'A Sabbath' from work; 'of Sabbaths' from these other matters." He supports this view by noting that in Halachah 1, the Rambam had cited this expression as a proof-text for the commandment to refrain from work on Yom Kippur.
26. The Shulchan Aruch (Orach Chayim 608:1) states that there is no limit to the amount of time one must add to the fast. This addition must, however, be made before (and after) beyn hash'mashot.
27. From the Rambam's citation of a proof-text, it is clear that the obligation to add time to the fast of Yom Kippur stems from the Torah itself. The Maggid Mishneh adds that the Rambam's wording indicates that the obligation to add "from the mundane to the sacred" - i.e., to include some of the previous day in the fast - applies only with regard to the prohibition against eating and drinking, but not to the prohibition against performing labor.
He mentions that other authorities do not share this opinion and maintain that this obligation applies also to the prohibition against work, and that it applies also on the Sabbath and on other holidays aside from Yom Kippur.
The Radbaz (Vol. V, Responsum 1486) differs with the Maggid Mishneh. Although he agrees that the fact that, in his discussion of the prohibition of labor on the Sabbath, the Rambam does not mention the need to add "from the mundane to the sacred" supports the Maggid Mishneh's view, he is reluctant to state that the Rambam differs with all the other authorities on this issue.
(See Likkutei Sichot, Vol. XV, which explains the difference between the two perspectives. If we derive the concept of adding "from the mundane to the sacred" from Yom Kippur, the obligation revolves around the person, a chiyuv gavra in yeshivah terminology. If, by contrast, the obligation is derived from the prohibition against working on the Sabbath, it is a function of the cheftza, a result of the atmosphere of Sabbath holiness that prevents labor from being performed.)
28. Shulchan Aruch HaRav 608:4 and the Mishnah Berurah 608:3 explain that this applies only when one is absolutely sure that the women will not accept the admonishment. If there is the possibility that they will accept the admonishment and modify their conduct, they should be admonished.
29. The Maggid Mishneh and the Ramah (Orach Chayim 608:2) explain that this refers to any prohibition that is not explicitly stated in the Torah, even if it has its source in the interpretation of one of the Torah's verses.
If, however, a prohibition is explicitly mentioned in the Torah, rebuke should be given even when one is certain that the person committing the transgression will not accept the reproof. Further laws governing the situations when and how rebuke should be given are mentioned in Hilchot De'ot 6:7-8.
Shevitat Asor - Chapter Two
Halacha 1
On Yom Kippur, a person is liable for eating [an amount of] food that is fit for humans to eat1 and is equivalent to the size of a large ripe date2 - i.e., slightly less than the size of an egg.3 All foods [that one eats] are combined to produce this measure.
Similarly, one who drinks a cheekful of liquid fit to be drunk by humans is liable. The size of a cheekful is [not a standard measure,] but rather dependent on the size of the cheek of every individual.
What is meant by a cheekful? Enough [liquid] for a person to swish to one side of his mouth and for his cheek to appear full. For an ordinary person, this measure is less than a revi'it.4
All liquids [that one drinks] are combined to produce this measure. Foods and liquids are not combined in a single measure.5
Halacha 2
One is liable for karet for eating on Yom Kippur if one eats food that is fit for human consumption, regardless of whether it is permitted or forbidden.6 [This includes] piggul,7 notar,8 tevel,9 the flesh of an animal that died without ritual slaughter, the flesh of an animal that is trefah,10 fat, or blood.11
Halacha 3
If a person eats or drinks less than the above-mentioned measures, he is not liable for karet. Although the Torah forbids partaking of less than the measure [for which punishment is given], one is not liable for karet unless [one partakes of] that measure.12
A person who eats or drinks less than the minimal measure is given "stripes for rebellion."
Halacha 4
[The following rules apply when] a person eats a small amount, [pauses,] and eats again: If the time from when he begins eating until he concludes eating is less than the time it takes to eat an amount of bread and relish equal in size to three eggs, [the food that he eats] is included in the same measure.13 If not, it is not included in the same measure.14
[Similar rules apply when] a person drinks, [pauses,] and drinks again: If the time from when he begins drinking until he concludes drinking is less than the time it takes to drink a revi'it,15 [the liquid that he drinks] is included in the same measure. If not, it is not included in the same measure.
Halacha 5
When a person eats foods that are not fit for human consumption - e.g., bitter herbs or foul-tasting syrups - or drinks liquids that are not fit to to be drunk - e.g., fish brine, pickle brine16 or undiluted vinegar - he is not liable for karet17even if he eats or drinks a substantial amount. He should, however, be given "stripes for rebellion."
Halacha 6
A person who drinks vinegar mixed with water is liable. One who chews dried pepper, dried ginger, or the like is not liable. [If, however, one chews] fresh ginger, one is liable.18
A person who eats the leaves of the vine is not liable,19 but one who eats the buds of the vine is liable.20 What is meant by the buds of the vine? The buds that have sprouted in Eretz Yisrael from Rosh HaShanah until Yom Kippur. If they sprouted earlier, they are considered as wood, and the person is not liable. The same rules apply in all analogous situations.
Halacha 7
When a person eats roast meat that has been salted, the salt is included in the mass of the meat.21 Similarly, brine on a vegetable is included,22 because condiments that make food fit to be eaten and are mixed together with the food are considered to be part of the food.
If a person was already sated [because he] had overeaten to the extent that he was jaded by food, and then ate more,23 he is not liable. It is comparable to a person who eats food that is not fit for consumption. Although this additional amount is fit to be eaten by a person who is hungry, it is not fit for a person who is sated to this extent.24
Halacha 8
When a person who is dangerously ill25 asks to eat on Yom Kippur, he should be fed26 because of his request until he says, "It is enough,"27 even though expert physicians say that it is unnecessary.28
When the sick person says that it is unnecessary for him to eat,29 and a physician says that it is necessary, he should be fed according to [the physician's] instructions, provided the physician is an expert.30
When one physician says that it is necessary [for a sick person to eat], and another physician says that it is unnecessary, the person should be fed. If several physicians say that it is necessary [for a sick person to eat], and other physicians say that it is unnecessary, [the ruling] follows the majority, or those with the most expertise.31 [This applies] provided the sick person does not himself say that it is necessary [for him to eat]. If, however, he makes such a statement, he should be fed.
If the sick person does not say that he must [eat], the physicians were divided on the issue, they were all experts, and an equal number took each side, he should be fed.
Halacha 9
When a pregnant woman smells food, [and is overcome by desire for it,] we should whisper in her ear that today is Yom Kippur.32If this reminder is sufficient to calm her senses, it is desirable; if not, she should be fed until her desire ceases.
Similarly, if a person is overcome by ravenous hunger,33 he should be fed until he sees clearly. He should be fed immediately, even if it necessitates giving him non-kosher meat34 or [meat from a] loathsome species.35 We do not require that he wait until permitted food becomes available.
Halacha 10
[From the time] a child is nine or ten years old36 [onward], he should be trained [to fast] for several hours. What is implied? If he is used to eating two hours after daybreak, he should be fed in the third hour. If he is used [to eating] after three hours, he should be fed in the fourth. According to the child's stamina, we should add hours to his anguish.
When a child is eleven years old, whether male or female,37 it is a Rabbinic ordinance that he complete his fast so that he be trained in [the observance of] the mitzvot.
Halacha 11
A female who is twelve years old and one day38 and a male who is thirteen years old and one day, who manifest [signs of physical maturity - i.e.,] two [pubic] hairs, are considered to be adults with regard to [the observance of] all the mitzvot, and are obligated to complete their fast according to the Torah. If, however, they did not manifest [signs of physical maturity], they are still considered to be minors, and are obligated to complete their fast only by virtue of Rabbinic decree.39
A child who is less than nine years old should not be afflicted at all on Yom Kippur, lest this lead to danger.40
FOOTNOTES
1. If, however, the foods are not fit for human consumption, different rules apply. (See Halachah 5.)
2. Although most prohibitions against forbidden foods involve a smaller measure - a k'zayit (the size of an olive) - an exception is made in this instance, because a person's appetite will not be sated if he eats an amount of food smaller than the size of a date. In contrast to the measure for drinking, this is a standard measure, regardless of a person's size (Yoma 80a).
3. According to Shiurei Torah an egg is 57.6 cubic centimeters; according to Chazon Ish (when the smaller measure is more stringent), it is 41 cubic centimeters. Thus, the size of a date would be a slightly smaller figure. The laws regarding eating less than this amount are mentioned in Halachah 3.
4. The commentaries interpret this to mean slightly less than a revi'it. Note, however, the Shulchan Aruch (Orach Chayim 271:13), which states that this measure is slightly more than half a revi'itwith regard to the laws of kiddush. (Note the comments of the Be'ur Halachah 271.)
5. For this will sate neither one's appetite nor one's thirst (Yoma 81a).
6. For even forbidden food will sate one's hunger (Rabbenu Manoach).
7. A sacrifice that was offered with the intent that it - or any of its sacred elements - be offered on the altar or eaten at a time when it is forbidden to be eaten; e.g., a peace offering the blood of which one thought to have poured on the altar at nightfall, or to have its flesh consumed on the third day after its sacrifice (Hilchot Pesulei HaMukdashim 13:1).
8. Sacrificial meat that was left over past the time during which it is allowed to be eaten - e.g., a sin offering on the morning of the following day or a peace offering on the morning of the third day (Hilchot Pesulei HaMukdashim 18:10).
9. Produce from which the agricultural requirements of terumah and the tithes were not separated (Hilchot Ma'achalot Asurot 10:19).
10. An animal that will not live longer than twelve months, because of a wound or blemish (Hilchot Ma'achalot Asurot 4:6-8; Hilchot Shechitah 5:1).
11. By eating from this prohibited food on Yom Kippur, one violates two prohibitions: the consumption of the prohibited food and eating on Yom Kippur (Merkevet HaMishneh). See Hilchot Shegagot 6:4 and the conclusion of Chapter 14 of Hilchot Ma'achalot Assurot.
12. Since the substance that he is eating is forbidden, it is merely lacking in quantity (Rabbi Yochanan's view, Yoma 74a).
13. Our translation is based on the Rambam's statements in Hilchot Tu'mat Tzara'at 16:6.
Whenever the Torah mentions a prohibition - and similarly, a mitzvah - that involves eating, the intent is that the person partake of a minimum measure within a specific time. The standard time for all prohibitions (and mitzvot) is כדי אכילת פרס, which the Rambam defines as the time it takes to eat the above amount. [There are opinions that state an amount of bread equivalent to four eggs (Maggid Mishneh). This opinion is mentioned in the notes on Halachah 8.]In time, כדי אכילת פרס is defined as six minutes by the Tzemach Tzedek in one place and seven minutes in another (Sha'ar HaMiluim, sec. 9). Other opinions mention nine minutes, 8, 7 1/2, 6, 5, 4 1/2, 4. (See Ketzot HaShulchan 3:15.)
14. And it is considered as if the person ate less than the minimum measure. For this reason, as mentioned in the notes on Halachah 8, when a person must eat on Yom Kippur, there are times when at first he is given less than the minimal amount, his eating is interrupted, and then he is given less than the minimal amount again, so as to minimize the extent of his transgression.
15. I.e., the amount of time it takes to drink a revi'it leisurely (Radbaz, Vol. V, Responsum 1554). This is, nevertheless, a much smaller measure than the amount of time it takes to eat three eggs.
The Ra'avad (in his gloss on Hilchot Terumah 10:3) differs and states that even regarding drinking, the minimum measure is the amount of time it takes to eat three eggs. (Significantly, the source on which his opinion is based, Keritot 13a, is cited by the Rambam as halachah in Hilchot Sha'ar Avot HaTum'ah 8:11.)
Although the Shulchan Aruch (Orach Chayim 612:10) appears to favor the Rambam's view,Shulchan Aruch HaRav 612:15 and the Mishnah Berurah 612:31 suggest following the more stringent view.
16. Our translation is taken from Rav Kapach's translation of an Arabic term in his edition of the Rambam's Commentary on the Mishnah (Yoma 8:2, Nedarim 6:4). In the latter source, the Rambam also states that the brine is sometimes made from fish. The Mishnah Berurah 612:28 renders the Hebrew term as referring to fat that exudes from a fish.
17. When describing the fast, Leviticus 23:29 uses the expression, "Every soul that will not afflict itself shall be cut off." Eating food that is not fit for human consumption is also a form of affliction. Hence, one is not liable for punishment (Rabbenu Manoach).
18. From the fact that the text mentions only fresh ginger, and not fresh peppers, the Maggid Mishnehstates that one might infer that one is not liable for eating fresh peppers. He differs with this conclusion and suggests amending the text based on the Rambam's statements in Hilchot Berachot 8:7. The Shulchan Aruch (Orach Chayim 612:8) also makes a distinction between fresh and dried peppers.
19. The Shulchan Aruch (loc. cit.:7) quotes the version of Yoma 81b that we have, which states, "the leaves of reeds." The Rambam's wording is based on the version quoted by Rabbenu Chanan'el.
20. I.e., the leaves just as they emerge from the stem of the vine.
21. I.e., when calculating whether or not a person ate a quantity of food equivalent to the size of a date.
22. Although the brine is a liquid, and liquids and foods are not ordinarily combined (Halachah 1), since the brine is used to flavor the vegetable, it is considered to be a food (Yoma 80b).
23. The Rambam's wording requires some clarification. He is referring to a person who had overeaten before the commencement of Yom Kippur, and then despite being disgusted by food, continued to eat on Yom Kippur itself (Maggid Mishneh; Shulchan Aruch, Orach Chayim 612:6). If a person began eating in the midst of the fast and then overate, he would be liable, because of the first morsels of food that he ate.
24. If, however, the person is not jaded with the taste of the food, e.g., because the food is prepared in a very flavorful manner, he is liable even though he overate.
25. Compare to Hilchot Shabbat 2:5, which explains that the classification "dangerously ill" means that "he has a wound in his body cavity, from his lips inward." Such a person does not need the assessment of a physician to determine whether or not the Sabbath should be violated on his behalf. In situations where the seriousness of the person's ailment is not as obvious, the Sabbath may be violated on his behalf based on a physician's pronouncement. Also, in this category is a women within three days after childbirth.
Significantly, when stating this law, the Shulchan Aruch (Orach Chayim 618:1) mentions only "a sick person who must eat," without stating that he must be dangerously ill. The Be'ur Halachahemphasizes that in many instances, even mildly serious conditions can become life-threatening if the person fasts.
26. See Hilchot Yesodei HaTorah 5:6, which states that with the exception of the prohibitions against idol worship, murder, and incestuous or adulterous relations, any of the Torah's prohibitions may be violated to save a person's life. As mentioned in Hilchot Shabbat 2:1, even if there is a doubt regarding the matter, the Sabbath should be violated, and moreover, it should be the leaders of the people and the wise who violate the Sabbath on the sick person's behalf, so that the people at large will appreciate that this is the course of action that should be taken.
27. Significantly, the Shulchan Aruch (loc. cit.:7) mentions that when a sick person is fed on Yom Kippur, he should first be fed less than the size of a date within the amount of time it takes to eat four eggs (the more stringent view regarding the time of כדי אכילת פרס). If, however, that is not sufficient, the more lenient opinions concerning the measure of כדי אכילת פרס can be relied upon. If even that is not sufficient, the person should be fed in the normal manner.
28. The sick man's own opinion should followed, because "the heart knows the bitterness of his soul." Nevertheless, the person should be reminded that it is Yom Kippur. If he persists in his desire to eat, we assume that he does not desire to transgress, but cannot bear the fast (Shulchan Aruch HaRav 618:1; Mishnah Berurah 618:5).
29. This is speaking about a person who genuinely does not think that it is necessary for him to eat. It must be emphasized that the Rabbis frowned on the supposed "piety" of a sick person who knows that he should eat, but refrains from doing so because of the fast, and applied the verse (Genesis 9:5): "I will demand an account of the blood of your own lives" (Mishnah Berurah, loc. cit.). He should be forced to eat, even against his will.
30. The Mishnah Berurah 618:1 quotes opinions that state that a Jew need not be an expert physician to render such an opinion. Since he is aware of a threat to life and knows the seriousness of Yom Kippur, his view is accepted. A gentile, however, must be an expert physician for his view to be considered.
31. The Shulchan Aruch (Orach Chayim 618:4) differs and states that if two physicians say that the sick person should eat, their opinion should be followed. Since two physicians have made such a statement, no further risks should be taken with a person's life.
32. Rabbi Yehudah HaNasi gave this suggestion when asked regarding such a problem (Yoma 83a).
33. This refers to a sense of infirmity that overcomes a person because of lack of nourishment; he becomes, dizzy, faint, and unable to focus his eyes.
34. If all that is immediately available is non-kosher food, he should be fed food that involves a prohibition that is least severe first. [See Hilchot Ma'achalot Asurot 14:17, the Rambam's Commentary on the Mishnah (Yoma 8:4), and the Shulchan Aruch (Orach Chayim 618:9). See theNoda BiY'hudah, Vol. I, Orach Chayim, Responsum 36, which focuses on this issue.]
35. The intent is non-kosher species. Even if their flesh is tasty, they are considered loathsome by Jewish law.
36. The Shulchan Aruch (Orach Chayim 616:2) explains that when a child's constitution is strong, his training to fast should begin at age nine. If he is weak, the training can be postponed a year.
37. The Ra'avad differs and maintains that since males and females reach maturity at different ages, that factor should be taken into account in this law. According to his view, a male child is not obligated to complete the fast until he is twelve, and a female must complete the fast at age eleven.
The Shulchan Aruch (Orach Chayim, loc. cit.) quotes the Rambam's view. The Ramah mentions a third opinion, which does not require children to complete a fast at all. He states that when a child's constitution is weak, this view should be followed.
38.
Even a fraction of a day is considered to be a day. Therefore, if a girl's birthday is on Yom Kippur, she is obligated to fast from her twelfth birthday onward.
39.
In this instance, however, even a child with a weak constitution should make every effort to complete the fast. For it is possible that the child had pubic hairs, which would cause him or her to be considered to be an adult, but they fell off (Ramah, Orach Chayim 616:2).
40. Even if a child desires to fast, he should be prevented from doing so (Ramah, Orach Chayim, loc. cit.).
Shevitat Asor - Chapter Three
Halacha 1
It is forbidden to wash on Yom Kippur,1 whether using hot or cold water.2 One may not wash one's entire body [at one time], nor any individual limb. It is even forbidden to immerse one's small finger in water.
A king and a bride may wash their faces:3 a bride so that she will not appear unattractive to her husband, and a king so that he will appear splendorous, as [Isaiah 33:17] states: "Your eyes shall behold the king in his splendor."4 Until when is a wife considered to be a "bride"? For thirty days.5
Halacha 2
When a person is soiled with filth or mud, he may wash off the dirt in an ordinary manner without reservation.6 [Similarly,] a woman may wash one hand in water and give a piece of bread to a child.7
A person who is ill may wash in an ordinary manner even though he is not dangerously ill. Similarly, all those who are obligated to immerse themselves [for the sake of ritual purity] should immerse themselves in an ordinary manner. This applies both on Tish'ah B'Av and on Yom Kippur.8
Halacha 3
[The following rules apply] in the present age9 when a man has a seminal emission on Yom Kippur: If it is still moist, he should wipe it off with a cloth; this is sufficient. If it is dry, or he has become soiled, he may wash the soiled portions of his body and pray.10 It is, however, forbidden for him wash his entire body or to immerse himself.
For a person who immerses himself in the present age is not ritually pure11 - [he is impure regardless - ] because of ritual impurity contracted from a human corpse.12 The practice of washing after a nocturnal emission before prayer in the present age is only a custom. And a custom may not nullify a prohibition; it may only prohibit that which is permitted.13
The statement that a person who had a seminal emission on Yom Kippur should immerse himself was applicable only [in the era] when it was required to immerse oneself after a seminal emission and, as explained, this ordinance has already been nullified.
Halacha 4
It is forbidden to sit on mud that is moist14 enough that if a person places his hand on it, sufficient moisture will rise up with it so that if he joins this hand to his other hand, the other hand will also become moist.15
A person should not fill an earthenware container with water and use it to cool himself, for the water permeates through its walls. It is even forbidden to use a metal container [for this purpose], lest water sprinkle on his flesh.16 It is permitted to cool off [by holding] fruit [against one's flesh].
Halacha 5
On the day preceding Yom Kippur, a person may take a handkerchief and soak it in water, wring it out slightly,17 and place it under clothes [so that it will not be exposed to the heat of the sun]. On the following day, he may wipe his face with it without any reservation,18 despite the fact that it is very cold.
Halacha 6
A person who is going to greet his teacher,19 his father,20 or someone who surpasses him in knowledge, and similarly, a person who is going to study in the House of Study, may pass through water21 that is neck-high22 without any reservation.23
[Moreover, after] he performs the mitzvah that he intended to perform, he may return to his home via the water. For if we did not allow him to return, he would not go, [and with this restriction, we would] thwart [his observance of] the mitzvah.
Similarly, a person who goes to guard his produce may pass through water that is neck-high without any reservation.24 These leniencies are granted], provided one does not extend his hands out from under the fringes of the garments, as one would do during the week.25
Halacha 7
It is forbidden to wear a [leather] shoe or a sandal,26 even on one foot. It is, however, permitted to wear a sandal made of reeds, rushes,27or the like. Similarly, a person may wind cloth over his feet or the like, for his feet remain sensitive to the hardness of the ground and he feels as if he is barefoot.28
Although children are allowed to eat, drink, wash, and anoint themselves, they should be prevented [from wearing] shoes and sandals.29
Halacha 8
All people are allowed to wear sandals [to protect themselves] from being bitten by scorpions and the like.
A woman who has just given birth may wear sandals for thirty days, lest she be chilled. The same law applies to other people who are sick, even if their illness is not dangerous.30
Halacha 9
[Just as it is forbidden to anoint] one's entire body, so too, is it forbidden to anoint a portion of one's body. [This restriction applies] both to anointment that brings one pleasure and to anointment that does not bring one pleasure.31
When a person is sick, however, or if he has sores on his scalp, he may anoint himself in an ordinary manner without any reservation.
Halacha 10
There are communities where it is customary to light a candle on Yom Kippur, so that one will be modest with regard to one's wife and thus not be prompted to engage in sexual relations. There are, by contrast, other communities where it is customary not to light a candle, lest one see one's wife, be attracted to her, and be prompted to engage in sexual relations.32
If Yom Kippur falls on the Sabbath, it is an obligation to light [a candle incumbent on the members] of all communities. For lighting a candle on the Sabbath is an obligation.33
Blessed be God who grants assistance.
FOOTNOTES
1. Our Sages instituted this prohibition based Solomon's description (I Kings 2:26) of David's affliction, which included being forced to go without washing (Yoma 77a).
2. With regard to the prohibition against washing on the Sabbath and holidays, a distinction is made between washing with hot water and washing with cold water, because that prohibition was instituted lest the keepers of the baths heat water on these holy days. On Yom Kippur, the prohibition was instituted to prohibit washing per se. In this regard, we find a verse (Proverbs 25:25), "Like cold water on a wearied soul," including even cold water.
3. From this leniency, some authorities infer that the prohibition against washing is Rabbinic in origin. If its source had been in the Torah, the Sages would not have granted such a leniency. Nevertheless, it is possible to explain that since the Torah's prohibition applies only to washing for the sake of pleasure, washing for other reasons is permitted when necessary.
4. See Hilchot Melachim 2:5.
5. The Mishnah Berurah 613:26 mentions opinions that do not allow this leniency in the present age.
6. For it is only washing for the sake of pleasure that is forbidden, and not washing for the sake of cleanliness (Yoma 77b).
7. Yoma, ibid. explains that this refers to shibta, which Rashi interprets as meaning a spirit of impurity that rests on one's hands after sleep. For this reason, the Shulchan Aruch (Orach Chayim 613:2) allows one to wash one's hands upon arising in the morning.
8. This applied only in the ages when the people observed the laws of ritual purity. At present, since we do not possess the ashes of the red heifer, there is no way we can purify ourselves from the impurity contracted through contact with a human corpse, and we are all ritually impure. Hence, it is forbidden to immerse oneself on Yom Kippur and Tish'ah B'Av. Even a woman who is obligated to immerse herself on this day to purify herself from the niddah state should postpone her immersion. (See Shulchan Aruch, Orach Chayim 613:12, 554:8.)
9. I.e., in contrast to the era of Ezra, who ordained that a person who saw a nocturnal emission must immerse himself in the mikveh before reciting the Shema, praying, or engaging in Torah study. (See Hilchot Kri'at Shema 4:8, Hilchot Tefillah 4:4-6 and notes.)
10. For it is forbidden to pray while there is a trace of semen on one's body.
11. I.e., although a seminal emission conveys ritual impurity and immersion in a mikveh removes that impurity, this is not of consequence in the present age.
12. Which can be removed only when the ashes of the red heifer are sprinkled on a person.
13. I.e., a person may accept a custom that requires more stringent conduct than that obligated by the letter of Torah law for various reasons. He may not, however, adopt any leniency in Torah law for such reasons.
14. This would also be done for the purpose of cooling off (Shulchan Aruch, Orach Chayim 613:9).
15. This is the explanation of the Rabbinic expression, טופח על מנת להטפיח.
16. One may, however, use an empty container for this purpose (Shulchan Aruch, loc. cit.).
17. I.e., he must wring it out so that it will no longer be טופח על מנת להטפיח, as explained in the previous halachah.
18. The Ramah (Orach Chayim 613:9) forbids this, lest the person squeeze water from the cloth and thus perform one of the forbidden labors.
19. For it is a mitzvah to greet one's teacher (Chaggigah 5b).
20. Since honoring one's parents is a mitzvah.
21. For his intent is to perform the mitzvah and not to take pleasure in bathing.
22. The Shulchan Aruch (loc. cit. 613:5) emphasizes that one should not enter water in which the current is fast-moving, because of the danger involved.
23. The Ramah (Orach Chayim 613:8) states that even if there is a circuitous route that does not require one to pass through water, one may take a direct route through the water. Shulchan Aruch HaRav 613:13 and the Mishnah Berurah 613:22 differ, and prohibit passing through water if there is an alternative route, even one that is much longer.
24. Although guarding one's produce is not a mitzvah, this leniency was granted because of a person's concern for his money. In this instance, the person is not allowed to return through water on Yom Kippur (Shulchan Aruch HaRav 613:12).
25. Forcing the person to deviate from his ordinary pattern will remind him not to squeeze the water from his garments (Shulchan Aruch HaRav 613:8).
26. Yoma 77a also regards going without shoes as an affliction, based on Solomon's statements describing David's afflictions (I Kings 2:26) cited previously, for II Samuel 15:30 describes how David walked barefoot when fleeing from Avshalom.
27. Our translation for שעם is based on the gloss of Rabbenu Manoach. He also offers an alternative meaning of the word, "tree bark." In modern Hebrew, שעם means cork.
28. The Mishnah Berurah 614:5 states that in his time, it was customary to wear socks and not shoes or sandals made of rubber or similar materials. Nevertheless, at present it has become customary to wear such shoes or sandals.
29. Refraining from any of the other four activities mentioned could affect the child's health and growth. This is not true with regard to wearing shoes and sandals. On the contrary, children often go without shoes.
30. The halachic equivalence between a woman who has just given birth and a sick person is established in Hilchot Shabbat 2:14.
The Shulchan Aruch (Orach Chayim 614:3) also grants this leniency to a person who has a wound on his foot. The Ramah (loc. cit.:4) states that shoes may also be worn outside if the streets are very muddy.
31. The Shulchan Aruch (Orach Chayim 614:1) interprets this to mean that it is prohibited to anoint oneself even for purposes of cleanliness.
32. Shulchan Aruch HaRav 610:1 explains that it is an obligation to honor Yom Kippur by kindling lights, just as it is a mitzvah to honor other holidays. Nevertheless, because of the fear that one might be prompted to engage in sexual relations, certain communities adopted the custom of nullifying this mitzvah in homes where a husband and wife live together. Pesachim 53b applies the verse (Isaiah 60:21) "And your nation are all righteous" to both customs.
In all communities, it is customary to light candles for Yom Kippur, either at home or in the synagogue. The above explanation clarifies the decision of the Ramah, who maintains that one should recite a blessing over these candles. There are, however, other explanations, and for this reason, there are authorities (see Sha'ar HaTziyun 610:5) who maintain that a blessing should not be recited.
33. See Hilchot Shabbat 5:1.
Resting on Yom Kippur
"[Yom Kippur] shall be a Sabbath of solemn rest for you"—Leviticus 16:31.
We are commanded to rest, by abstaining from creative work, on the tenth day of Tishrei—Yom Kippur.
The 165th mitzvah is that we are commanded to refrain from the various categories of melachah1 and prohibited activities2 on this day [of Yom Kippur]
The source of this commandment is G‑d's statement,3 "It is a Sabbath of Sabbaths to you."
We have already explained many times4 that the term Shabbasonindicates a positive commandment.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. See first footnote in N320.
2. . Kapach, 5731, footnote 23 points out that the Arabic word, "ashgal" refers in this context to all other types of prohibited activity.
3. Lev. 16:31.
4. See P90, P135, P159, and P163.
5. Since this mitzvah prohibits melachah, it would seem to be a negative commandment. However, since the term "Shabbason" is used, the mitzvah is counted among the positive commandments.
Negative Commandment 329 (Digest)
Working on Yom Kippur
"And you shall do no work on that very day [of Yom Kippur]"—Leviticus 23:28.
We are forbidden to engage in any creative work on the tenth of Tishrei, Yom Kippur.
The 329th prohibition is that we are forbidden from performing melachah1on Yom Kippur.
The source of this commandment is G‑d's statement,2 "Do not do anymelachah [on this day, because it is a day of atonement]."
If one intentionally transgresses this commandment, the punishment iskores3 as explained in Scripture.4 If the act was unintentional, he must bring a sin-offering.5
The details of this commandment are explained in tractate Beitza6 andMegillah.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 first footnote in N320.
2. Lev. 23:28.
3. See Principle 14, where the Rambam defines kores as losing one's portion in the World to Come (unless the person does teshuvah before death). See also Hilchos Teshuvah, Chapter 8, Halachah. 1.
4. Lev. 23:30. "If one does any work on this day, I will destroy him [i.e. punish him with kores] from among his people."
5. See P69. This offering is called a "fixed sin-offering," to distinguish it from the offering of adjustable value (P72).
6. 18b.
7. 30b.
Positive Commandment 164 (Digest)
Fasting on Yom Kippur
"You shall afflict your souls"—Leviticus 16:29.
We are commanded to fast on the tenth of Tishrei, Yom Kippur. We afflict ourselves by abstaining from food and drink, the nourishment of the soul.
We are also commanded to refrain on Yom Kippur from bathing, applying creams or ointments, wearing [leather] shoes and engaging in marital relations.
The 164th mitzvah is that we are commanded to fast on the tenth of Tishrei [i.e. Yom Kippur].
The source of this commandment is G‑d's statement1 (exalted be He), "You must afflict your lives."
The Sifra explains: "The expression 'You must afflict your lives' refers to 'affliction' that affects one's actual life. What is that? Eating and drinking."
The Oral Tradition2 explains that one must also refrain from bathing, anointing, wearing leather shoes, and engaging in marital relations.
The source that one must refrain from all these activities is the verse,3 "It is a Sabbath of Sabbaths to you, and you must afflict your lives." The verse says, "Sabbath of Sabbaths," to indicate that one must refrain [observe a "Sabbath"] from the various categories of melachah4 and prohibited activities, and that one must refrain [observe a "Sabbath"] from those things which nourish and sustain the body. The Sifra says, "What is the source that bathing, anointing, and marital relations are forbidden on Yom Kippur? From the verse, 'Sabbath of Sabbaths.' " This means that one must refrain [observe a "Sabbath"] from these activities in order to reach the state of affliction.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. Lev. 16:29.
2. See Yoma 73a.
3. Lev. 16:31.
4. See P165.
5. Therefore the verse says, "It is a Sabbath of Sabbaths to you, and you must afflict your lives": through making a "Sabbath" (i.e. refraining from these activities), one reaches a state of affliction.
Negative Commandment 196 (Digest)
Eating on Yom Kippur
"For any soul that shall not be afflicted... shall be cut off..."—Leviticus 23:29.
It is forbidden to eat on the tenth of Tishrei, Yom Kippur.
The 196th prohibition is that we are forbidden from eating on Yom Kippur.
There is no verse in the Torah that explicitly prohibits this act.1 However, since the punishment – that one who eats is punished by kores – is mentioned, we know that eating is counted as a prohibition.
The source which describes the punishment is G‑d's statement,2 "If anyone does not fast on this day, he shall be punished by kores."
In the beginning of Tractate Kerisus, all those who are punished by koresare listed, and one who eats on Yom Kippur is listed among them. It also explains that all mitzvos which are punishable by kores are prohibitions, except for the Pesach sacrifice and circumcision. Therefore, clearly eating on Yom Kippur counts as a prohibition.
Therefore, if one intentionally transgresses this commandment, the punishment is kores, and if the act was unintentional, he must bring a sin-offering, as explained in the beginning of Tractate Kerisus.
This [i.e. that eating on Yom Kippur counts also as a prohibition] is also explained in the Tractate Horiyos,3 which rules that one is required to bring a sin-offering only if one violates a prohibition. The proof for this is G‑d's statement4 (may He be exalted and elevated) regarding those who are required to bring a sin-offering, "[And they violate] one of the prohibitory commandments of G‑d."
The Sifra says5: "The verse, 'If anyone does not fast on this day, he shall be punished by kores", describes the punishment for not fasting. However, we do not have a verse to serve as the actual prohibition.
But [there is an "extra" verse that serves as the actual prohibition;] we do not really need a verse to tell you the punishment for doing melachah on Yom Kippur, because we could derive it from the following kal vechomer:6if for the prohibition of fasting, which [applies only on Yom Kippur, and] not on Shabbos and holidays, one receives punishment, then certainly for the prohibition of melachah, which applies on holidays and Shabbos [and is therefore more strict] one should receive punishment. If so, why is there a verse stating the punishment for doing melachah? From it we learn the actual prohibition of eating on Yom Kippur: just as the punishment formelachah follows its prohibition, so too the punishment for eating follows its prohibition."
The details of this mitzvah are explained in Tractate Yoma.
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. The rule is that every prohibition has one verse which tells you that the act is prohibited, and another verse which gives the punishment for the transgression. (See N195.) Regarding not eating on Yom Kippur, the only apparent verse is the one describing the punishment. TheRambam therefore first explains how we know that eating on Yom Kippur counts as a prohibition, and then explains which verse tells us the actual prohibition.
2. Lev. 23:29.
3. See Rambam's Commentary on the Mishneh, Ch. 2, Mishneh 4.
4. Lev. 4:13.
5. After having established that not eating on Yom Kippur must be a prohibition, the Rambam now quotes the Sifra, which identifies the verse that serves as the actual prohibition itself.
6. This general principle of the Oral Tradition allows one to generalize from one case to a more obvious one. Here, since the less serious prohibition (eating on Yom Kippur) is punished bykores, certainly the more serious prohibition (doing melachah on Yom Kippur) would punished by kores, even if the verse regarding melachah (Lev. 23:30, N329 above) would not have been written.
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.• 1 Chapter: Teshuvah Teshuvah - Chapter Two
Teshuvah - Chapter Two
Halacha 1
[Who has reached] complete Teshuvah? A person who confronts the same situation in which he sinned when he has the potential to commit [the sin again], and, nevertheless, abstains and does not commit it because of his Teshuvah alone and not because of fear or a lack of strength.
For example, a person engaged in illicit sexual relations with a woman. Afterwards, they met in privacy, in the same country, while his love for her and physical power still persisted, and nevertheless, he abstained and did not transgress. This is a complete Baal-Teshuvah. This was implied by King Solomon in his statement [Ecclesiastes 12:1] "Remember your Creator in the days of your youth, [before the bad days come and the years draw near when you will say: `I have no desire for them.'"]
If he does not repent until his old age, at a time when he is incapable of doing what he did before, even though this is not a high level of repentance, he is a Baal-Teshuvah.
Even if he transgressed throughout his entire life and repented on the day of his death and died in repentance, all his sins are forgiven as [Ecclesiastes, op. cit.:2] continues: "Before the sun, the light, the moon, or the stars are darkened and the clouds return after the rain..." - This refers to the day of death. Thus, we can infer that if one remembers his Creator and repents before he dies, he is forgiven.
Halacha 2
What constitutes Teshuvah? That a sinner should abandon his sins and remove them from his thoughts, resolving in his heart, never to commit them again as [Isaiah 55:7] states "May the wicked abandon his ways...." Similarly, he must regret the past as [Jeremiah 31:18] states: "After I returned, I regretted."
[He must reach the level where] He who knows the hidden will testify concerning him that he will never return to this sin again as [Hoshea 14:4] states: "We will no longer say to the work of our hands: `You are our gods.'"
He must verbally confess and state these matters which he resolved in his heart.
Halacha 3
Anyone who verbalizes his confession without resolving in his heart to abandon [sin] can be compared to [a person] who immerses himself [in a mikvah] while [holding the carcass of] a lizard in his hand. His immersion will not be of avail until he casts away the carcass.
This principle is implied by the statement, [Proverbs 28:13], "He who confesses and forsakes [his sins] will be treated with mercy."
It is necessary to mention particularly one's sins as evidenced by [Moses' confession, Exodus 32:31]: "I appeal to You. The people have committed a terrible sin by making a golden idol."
Halacha 4
Among the paths of repentance is for the penitent to
a) constantly call out before God, crying and entreating;
b) to perform charity according to his potential;
c) to separate himself far from the object of his sin;
d) to change his name, as if to say "I am a different person and not the same one who sinned;"
e) to change his behavior in its entirety to the good and the path of righteousness; and f) to travel in exile from his home. Exile atones for sin because it causes a person to be submissive, humble, and meek of spirit.
Halacha 5
It is very praiseworthy for a person who repents to confess in public and to make his sins known to others, revealing the transgressions he committed against his colleagues.
He should tell them: "Though I sinned against so and so, committing the following misdeeds.... Behold, I repent and express my regret." Anyone who, out of pride, conceals his sins and does not reveal them will not achieve complete repentance as [Proverbs 28:13] states: "He who conceals his sins will not succeed."
When does the above apply? In regard to sins between man and man. However, in regard to sins between man and God, it is not necessary to publicize one's [transgressions]. Indeed, revealing them is arrogant. Rather, a person should repent before God, blessed be He, and specifically mention his sins before Him. In public, he should make a general confession. It is to his benefit not to reveal his sins as [Psalms 32:1] states: "Happy is he whose transgression is forgiven, whose sin is covered."
Halacha 6
Even though repentance and calling out [to God] are desirable at all times, during the ten days between Rosh HaShanah and Yom Kippur, they are even more desirable and will be accepted immediately as [Isaiah 55:6] states: "Seek God when He is to be found."
When does the above apply? To an individual. However, in regard to a community, whenever they repent and cry out wholeheartedly, they are answered immediately as [Deuteronomy 4:7] states: "[What nation is so great that they have God close to them,] as God, our Lord, is whenever we call Him."
Halacha 7
Yom Kippur is the time of Teshuvah for all, both individuals and the community at large. It is the apex of forgiveness and pardon for Israel. Accordingly, everyone is obligated to repent and confess on Yom Kippur.
The mitzvah of the confession of Yom Kippur begins on the day's eve, before one eats [the final meal], lest one choke to death in the meal before confessing.
Although a person confessed before eating, he should confess again in the evening service, Yom Kippur night, and similarly, repeat the confession in the morning, Musaf, afternoon, and Ne'ilah services.
At which point [in the service] should one confess? An individual confesses after the Amidah and the Chazan confesses in the midst of the Amidah, in the fourth blessing.
Halacha 8
The confessional prayer customarily recited by all Israel is: "For we have all sinned...." This is the essence of the confessional prayer.
Sins which were confessed on one Yom Kippur should be confessed on another Yom Kippur even though one remains steadfast in his repentance, as [Psalms 51:5] states: "I acknowledge my transgressions and my sins are always before me."
Halacha 9
Teshuvah and Yom Kippur only atone for sins between man and God; for example, a person who ate a forbidden food or engaged in forbidden sexual relations, and the like. However, sins between man and man; for example, someone who injures a colleague, curses a colleague, steals from him, or the like will never be forgiven until he gives his colleague what he owes him and appeases him.
[It must be emphasized that] even if a person restores the money that he owes [the person he wronged], he must appease him and ask him to forgive him.
Even if a person only upset a colleague by saying [certain] things, he must appease him and approach him [repeatedly] until he forgives him.
If his colleague does not desire to forgive him, he should bring a group of three of his friends and approach him with them and request [forgiveness]. If [the wronged party] is not appeased, he should repeat the process a second and third time. If he [still] does not want [to forgive him], he may let him alone and need not pursue [the matter further]. On the contrary, the person who refuses to grant forgiveness is the one considered as the sinner.
[The above does not apply] if [the wronged party] was one's teacher. [In that instance,] a person should continue seeking his forgiveness, even a thousand times, until he forgives him.
Halacha 10
It is forbidden for a person to be cruel and refuse to be appeased. Rather, he should be easily pacified, but hard to anger. When the person who wronged him asks for forgiveness, he should forgive him with a complete heart and a willing spirit. Even if he aggravated and wronged him severely, he should not seek revenge or bear a grudge.
This is the path of the seed of Israel and their upright spirit. In contrast, the insensitive gentiles do not act in this manner. Rather, their wrath is preserved forever. Similarly, because the Gibeonites did not forgive and refused to be appeased, [II Samuel 21:2] describes them, as follows: "The Gibeonites are not among the children of Israel."
Halacha 11
If a person wronged a colleague and the latter died before he could ask him for forgiveness, he should take ten people and say the following while they are standing before the colleague's grave: "I sinned against God, the Lord of Israel, and against this person by doing the following to him...."
If he owed him money, he should return it to his heirs. If he is unaware of the identity of his heirs, he should place [the sum] in [the hands of] the court and confess.
Shevitat Asor - Chapter One
Halacha 1
It is a positive commandment1 to refrain from all work on the tenth [day] of the seventh month2, as [Leviticus 16:31] states: "It shall be a Sabbath of Sabbaths3for you." Anyone who performs a [forbidden] labor negates the observance of [this] positive commandment and violates a negative commandment4, as [Numbers 29:7] states, "You shall not perform any labor."
What liability does a person incur for performing a [forbidden] labor on this day? If he performs [the forbidden labor] willfully, as a conscious act of defiance,5 he is liable for karet.6If he performs [the forbidden labor] inadvertently, he is liable to bring a sin offering whose nature is fixed.7
Halacha 2
All the [forbidden] labors8 for which one is liable to be executed by stoning for performing on the Sabbath cause one to be liable for karet if performed on the tenth [of Tishrei].9 Any activity that incurs the obligation of a sin offering on the Sabbath incurs the obligation of a sin offering on Yom Kippur.
Any activity that is forbidden to be performed on the Sabbath10- although it is not a forbidden labor - is forbidden to be performed on Yom Kippur. If one performs such an act, one is punished by stripes for rebellion, as one is punished [for performing the same act] on the Sabbath.11
Whatever is forbidden to be carried on the Sabbath is forbidden to be carried on Yom Kippur.12 Whatever is forbidden to be said or done at the outset on the Sabbath is likewise forbidden on Yom Kippur.13 The general principle is that there is no difference between the Sabbath and Yom Kippur14 in this regard, except that a person who willfully performs a forbidden labor on the Sabbath is liable for execution by being stoned to death, and on Yom Kippur [such an act warrants merely] karet.
Halacha 3
It is permitted to trim a vegetable on the day of Yom Kippur from mid-afternoon15 onward.16 What is meant by trimming a vegetable? To remove the wilted leaves, and to cut the others to prepare them for consumption. Similarly, it is permitted to crack open nuts and to open pomegranates on Yom Kippur from mid-afternoon onward. [These leniencies were granted] so that one will not endure hardship.17
When Yom Kippur falls on the Sabbath, it is forbidden to trim vegetables and open nuts and pomegranates the entire day.18 It has already become the universally accepted custom in Babylon and in North Africa not to perform these activities during the fast.19Instead, [Yom Kippur is observed] as the Sabbath is with regard to all its particulars.
Halacha 4
There is another positive commandment on Yom Kippur, to refrain from eating and drinking, as [Leviticus 16:29] states: "You shall afflict your souls." According to the Oral Tradition, it has been taught: What is meant by afflicting one's soul? Fasting.20
Whoever fasts on this day fulfills a positive commandment.21 Whoever eats or drinks on this day negates the observance of [this] positive commandment and violates a negative commandment22, as [ibid. 23:29] states, "Any soul that does not afflict itself will be cut off." Since the Torah punishes a person who does not fast with karet, we can derive from this that we are forbidden to eat and drink on this day.23
A person who eats or drinks inadvertently on this day is liable to bring a sin offering of a fixed nature.
Halacha 5
Similarly, according to the Oral Tradition, it has been taught that it is forbidden to wash, anoint oneself, wear shoes, or engage in sexual relations on this day.24 It is a mitzvah to refrain from these activities in the same way one refrains from eating and drinking.
This is derived from [the exegesis of the expression,] "A Sabbath of Sabbaths." "A Sabbath" implies refraining from eating; "of Sabbaths," refraining from these activities.25
One is liable, however, for karet or a sin offering only for eating and drinking. If one washes, anoints oneself, wears shoes, or engages in sexual relations, one receives stripes for rebelliousness.
Halacha 6
Just as [the obligation to] refrain from work applies both during the day and at night, so too, [the obligation to] refrain from [these activities and thus to] afflict oneself applies both during the day and at night.
It is obligatory to add [time]26 from the mundane to the sacred at both the entrance and departure of the holiday, as [implied by ibid. 23:32]: "And you shall afflict your souls on the ninth of the month in the evening."27 [Since the date of the fast is the tenth,] the intent is [obviously] that one begin fasting and afflicting oneself in the afternoon of the ninth, which directly precedes the tenth.
Similarly, at the departure [of the holiday], one should prolong the affliction slightly, [entering] the night of the eleventh, which follows the tenth, as [implied by ibid.]: "From evening to evening, you shall keep this day of refraining."
Halacha 7
When women eat and drink until nightfall, without knowing that we are obligated to add [time] from the weekday to the holiday, they should not be rebuked,28lest they perform [the transgression] willfully. It is impossible for there to be a policeman in every person's house to warn his wives. Thus, it is preferable to let [the situation] remain [as it is], so that they will transgress unintentionally, instead of intentionally. The same [principle] applies in other similar instances.29
FOOTNOTES
1. Sefer HaMitzvot (Positive Commandment 165) and Sefer HaChinuch (Mitzvah 317) both include this as one of the 613 mitzvot of the Torah.
2. I.e., Tishrei, which is the seventh month when reckoning from Nisan.
3. Shabbat 24b states that the word shabbaton, literally, "a day of rest," implies a positive mitzvah.
4. This is also considered to be one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 329) and Sefer HaChinuch (Mitzvah 315)].
5. The Radbaz (Vol. V, Responsum 1510) notes that the Rambam uses the expression "willingly, as a conscious act of defiance" with regard to the transgressions of idolatry (Hilchot Avodat Kochavim 3:1), the Sabbath laws (Hilchot Shabbat 1:1), and the laws of Yom Kippur. With regard to all other transgressions punishable by כרת, the Rambam merely states "as a conscious act of defiance."
The Radbaz explains that it is possible that the Rambam mentioned the concept of "willingly" with regard to these three transgressions because they are the first cases of כרת mentioned in theMishneh Torah. After mentioning the concept on these three occasions, he does not consider that further repetition is necessary.
6. כרת means "cut off." Mo'ed Katan 28a relates that a person liable for כרת would die prematurely, before reaching the age of fifty. The Rambam (Hilchot Teshuvah 8:1) emphasizes that being "cut off in this world" is not the sum total of Divine retribution for such a transgression. In addition, the person's soul is also cut off and prevented from reaching the world to come.
7. The Rambam uses this term to differentiate the sin offering required here from a קרבן עולה ויורד - a guilt offering - which differs depending on the financial status of the person bringing it. (See Hilchot Shegagot 1:4.)
8. The 39 labors forbidden on the Sabbath are listed in Hilchot Shabbat 7:1 and explained in the subsequent chapters there. Unlike the holidays, on which the forbidden labors involved in the preparation of food are permitted, on Yom Kippur these activities are forbidden.
9. The Or Sameach notes that in contrast to the remainder of the halachah, in this instance the Rambam does not refer to the day with the name Yom Kippur. He explains that the name Yom Kippur, meaning "the day of atonement," is not relevant to a person who performs a forbidden labor on this day. Since the person acts in contrast to the holy nature of the day, he is not granted atonement.
10. The commentaries explain that this refers to the activities defined as sh'vut, which are forbidden by the Torah. The specification of which activities should be included in this category was, however, made subject to our Sages' definitions. (See Hilchot Shabbat, Chapters 21-23.)
11. See Hilchot Shabbat 1:3. (See Hilchot Edut 18:6 for a definition of this punishment.)
12. This refers to the laws of muktzeh mentioned in Hilchot Shabbat, Chapters 25-26.
13. This refers to the prohibitions mentioned in Hilchot Shabbat, Chapter 24, which are not associated with forbidden labors, but are prohibited in order to make the Sabbath distinct from the other days of the week.
14. On a theoretical basis, there are commentaries that take issue with the Rambam's statements, explaining that there is another difference. On the Sabbath, we follow the principle of chiluk melachot, that one can incur liability for every forbidden labor as a separate entity. Therefore, if a person inadvertently performed two different types of forbidden labor, he would have to bring two sin offerings.
These authorities maintain that on Yom Kippur (as on the holidays) this principle does not apply, and one is liable for only a single sin offering even when one inadvertently performs several types of forbidden labor. (See Sha'agat Aryeh, Responsum 70.)
15. Mid-afternoon refers to minchah katanah, 3:30 PM (according to seasonal hours).
16. Earlier it is forbidden, lest one eat from the vegetable. Nevertheless, by this late hour one is conscious that the evening is approaching and will refrain from breaking the fast (Shulchan Aruch HaRav 611:7).
17. The Maggid Mishneh explains that the intent is the hardship a person would suffer if he had to labor to prepare food at night after fasting the entire day.
18. So as not to distinguish between this and the other Sabbaths of the year, and thereby to emphasize that the leniency was granted only because of the fast (Shulchan Aruch HaRav611:6).
19. Shabbat 115a relates that even in the time of the Talmud, this restriction was observed.
20. In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that since the connection between the body and the soul is established through nourishment, withholding such nourishment is considered an affliction to the soul. See Yoma 74b.
21. Sefer HaMitzvot (Positive Commandment 164) and Sefer HaChinuch (Mitzvah 313) both include this as one of the 613 mitzvot of the Torah.
22. This is also considered one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 196) and Sefer HaChinuch (Mitzvah 316)].
23. It is an established tradition that there are only two positive commandments - circumcision and offering a Pesach sacrifice - whose lack of observance are punishable by karet. Therefore, the fact that eating on Yom Kippur is punishable by karet indicates that it violates a negative commandment [Sefer HaMitzvot (Negative Commandment 196)].
24. In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that the Torah mentions the concept of afflicting oneself on Yom Kippur five times. As such, the Oral Tradition (Yoma 76a) explains that there are five different activities forbidden on that day and cites (ibid. 76a-77a) various allusions to these five prohibitions. The terms he uses for allusions, asmachta'ot, indicates that he does not view the four prohibitions other than eating and drinking as having the status of a Torah commandment.
Similarly, the punishment that he states should be given for these activities, "stripes for rebellion," is the punishment received for transgressing a Rabbinic commandment.
[It must be noted that this matter was a question on which the Rambam deliberated. For an early edition of his Commentary on the Mishnah states that one should receive lashes for performing these activities, indicating that, at that time, he saw them as forbidden by the Torah itself. Similarly, the Rambam's wording in Sefer HaMitzvot (loc. cit.) appears to indicate that these prohibitions are forbidden by the Torah itself. This view is advanced by several authorities including Rabbenu Nissin, the Magen Avraham 611, and the Shulchan Aruch HaRav 611:2.]
Based on the explanations above, it would appear that the term "according to the Oral Tradition" as used in this halachah has a different meaning from that in the previous halachah. In the previous halachah, the term denoted an interpretation of a verse in the Torah. Therefore, the prohibition was given the status of a Torah commandment. In this halachah, the term refers to a concept that has been transmitted through a chain of tradition extending back to Moses. Nevertheless, it is a decree that does not stem from a Biblical verse and is therefore considered to be Rabbinic in origin.
Other Rabbinic authorities (Rabbenu Asher and the Ashkenazic authorities) clearly state that the prohibitions against these other activities are Rabbinic in nature. Therefore, certain leniencies are granted in their regard, as reflected in Chapter 3, Halachah 1 (Kessef Mishneh).
25. The reference to the phrase "a Sabbath of Sabbaths" is taken from Yoma 74a. The interpretation is, however, the Rambam's.
Based on the concepts explained above - that the prohibition against the remaining four types of afflictions is Rabbinic in origin and is not based on the explanation of a verse in the Torah - theMa'aseh Rokeach suggests amending the text to read, "'A Sabbath' from work; 'of Sabbaths' from these other matters." He supports this view by noting that in Halachah 1, the Rambam had cited this expression as a proof-text for the commandment to refrain from work on Yom Kippur.
26. The Shulchan Aruch (Orach Chayim 608:1) states that there is no limit to the amount of time one must add to the fast. This addition must, however, be made before (and after) beyn hash'mashot.
27. From the Rambam's citation of a proof-text, it is clear that the obligation to add time to the fast of Yom Kippur stems from the Torah itself. The Maggid Mishneh adds that the Rambam's wording indicates that the obligation to add "from the mundane to the sacred" - i.e., to include some of the previous day in the fast - applies only with regard to the prohibition against eating and drinking, but not to the prohibition against performing labor.
He mentions that other authorities do not share this opinion and maintain that this obligation applies also to the prohibition against work, and that it applies also on the Sabbath and on other holidays aside from Yom Kippur.
The Radbaz (Vol. V, Responsum 1486) differs with the Maggid Mishneh. Although he agrees that the fact that, in his discussion of the prohibition of labor on the Sabbath, the Rambam does not mention the need to add "from the mundane to the sacred" supports the Maggid Mishneh's view, he is reluctant to state that the Rambam differs with all the other authorities on this issue.
(See Likkutei Sichot, Vol. XV, which explains the difference between the two perspectives. If we derive the concept of adding "from the mundane to the sacred" from Yom Kippur, the obligation revolves around the person, a chiyuv gavra in yeshivah terminology. If, by contrast, the obligation is derived from the prohibition against working on the Sabbath, it is a function of the cheftza, a result of the atmosphere of Sabbath holiness that prevents labor from being performed.)
28. Shulchan Aruch HaRav 608:4 and the Mishnah Berurah 608:3 explain that this applies only when one is absolutely sure that the women will not accept the admonishment. If there is the possibility that they will accept the admonishment and modify their conduct, they should be admonished.
29. The Maggid Mishneh and the Ramah (Orach Chayim 608:2) explain that this refers to any prohibition that is not explicitly stated in the Torah, even if it has its source in the interpretation of one of the Torah's verses.
If, however, a prohibition is explicitly mentioned in the Torah, rebuke should be given even when one is certain that the person committing the transgression will not accept the reproof. Further laws governing the situations when and how rebuke should be given are mentioned in Hilchot De'ot 6:7-8.
Shevitat Asor - Chapter Two
Halacha 1
On Yom Kippur, a person is liable for eating [an amount of] food that is fit for humans to eat1 and is equivalent to the size of a large ripe date2 - i.e., slightly less than the size of an egg.3 All foods [that one eats] are combined to produce this measure.
Similarly, one who drinks a cheekful of liquid fit to be drunk by humans is liable. The size of a cheekful is [not a standard measure,] but rather dependent on the size of the cheek of every individual.
What is meant by a cheekful? Enough [liquid] for a person to swish to one side of his mouth and for his cheek to appear full. For an ordinary person, this measure is less than a revi'it.4
All liquids [that one drinks] are combined to produce this measure. Foods and liquids are not combined in a single measure.5
Halacha 2
One is liable for karet for eating on Yom Kippur if one eats food that is fit for human consumption, regardless of whether it is permitted or forbidden.6 [This includes] piggul,7 notar,8 tevel,9 the flesh of an animal that died without ritual slaughter, the flesh of an animal that is trefah,10 fat, or blood.11
Halacha 3
If a person eats or drinks less than the above-mentioned measures, he is not liable for karet. Although the Torah forbids partaking of less than the measure [for which punishment is given], one is not liable for karet unless [one partakes of] that measure.12
A person who eats or drinks less than the minimal measure is given "stripes for rebellion."
Halacha 4
[The following rules apply when] a person eats a small amount, [pauses,] and eats again: If the time from when he begins eating until he concludes eating is less than the time it takes to eat an amount of bread and relish equal in size to three eggs, [the food that he eats] is included in the same measure.13 If not, it is not included in the same measure.14
[Similar rules apply when] a person drinks, [pauses,] and drinks again: If the time from when he begins drinking until he concludes drinking is less than the time it takes to drink a revi'it,15 [the liquid that he drinks] is included in the same measure. If not, it is not included in the same measure.
Halacha 5
When a person eats foods that are not fit for human consumption - e.g., bitter herbs or foul-tasting syrups - or drinks liquids that are not fit to to be drunk - e.g., fish brine, pickle brine16 or undiluted vinegar - he is not liable for karet17even if he eats or drinks a substantial amount. He should, however, be given "stripes for rebellion."
Halacha 6
A person who drinks vinegar mixed with water is liable. One who chews dried pepper, dried ginger, or the like is not liable. [If, however, one chews] fresh ginger, one is liable.18
A person who eats the leaves of the vine is not liable,19 but one who eats the buds of the vine is liable.20 What is meant by the buds of the vine? The buds that have sprouted in Eretz Yisrael from Rosh HaShanah until Yom Kippur. If they sprouted earlier, they are considered as wood, and the person is not liable. The same rules apply in all analogous situations.
Halacha 7
When a person eats roast meat that has been salted, the salt is included in the mass of the meat.21 Similarly, brine on a vegetable is included,22 because condiments that make food fit to be eaten and are mixed together with the food are considered to be part of the food.
If a person was already sated [because he] had overeaten to the extent that he was jaded by food, and then ate more,23 he is not liable. It is comparable to a person who eats food that is not fit for consumption. Although this additional amount is fit to be eaten by a person who is hungry, it is not fit for a person who is sated to this extent.24
Halacha 8
When a person who is dangerously ill25 asks to eat on Yom Kippur, he should be fed26 because of his request until he says, "It is enough,"27 even though expert physicians say that it is unnecessary.28
When the sick person says that it is unnecessary for him to eat,29 and a physician says that it is necessary, he should be fed according to [the physician's] instructions, provided the physician is an expert.30
When one physician says that it is necessary [for a sick person to eat], and another physician says that it is unnecessary, the person should be fed. If several physicians say that it is necessary [for a sick person to eat], and other physicians say that it is unnecessary, [the ruling] follows the majority, or those with the most expertise.31 [This applies] provided the sick person does not himself say that it is necessary [for him to eat]. If, however, he makes such a statement, he should be fed.
If the sick person does not say that he must [eat], the physicians were divided on the issue, they were all experts, and an equal number took each side, he should be fed.
Halacha 9
When a pregnant woman smells food, [and is overcome by desire for it,] we should whisper in her ear that today is Yom Kippur.32If this reminder is sufficient to calm her senses, it is desirable; if not, she should be fed until her desire ceases.
Similarly, if a person is overcome by ravenous hunger,33 he should be fed until he sees clearly. He should be fed immediately, even if it necessitates giving him non-kosher meat34 or [meat from a] loathsome species.35 We do not require that he wait until permitted food becomes available.
Halacha 10
[From the time] a child is nine or ten years old36 [onward], he should be trained [to fast] for several hours. What is implied? If he is used to eating two hours after daybreak, he should be fed in the third hour. If he is used [to eating] after three hours, he should be fed in the fourth. According to the child's stamina, we should add hours to his anguish.
When a child is eleven years old, whether male or female,37 it is a Rabbinic ordinance that he complete his fast so that he be trained in [the observance of] the mitzvot.
Halacha 11
A female who is twelve years old and one day38 and a male who is thirteen years old and one day, who manifest [signs of physical maturity - i.e.,] two [pubic] hairs, are considered to be adults with regard to [the observance of] all the mitzvot, and are obligated to complete their fast according to the Torah. If, however, they did not manifest [signs of physical maturity], they are still considered to be minors, and are obligated to complete their fast only by virtue of Rabbinic decree.39
A child who is less than nine years old should not be afflicted at all on Yom Kippur, lest this lead to danger.40
FOOTNOTES
1. If, however, the foods are not fit for human consumption, different rules apply. (See Halachah 5.)
2. Although most prohibitions against forbidden foods involve a smaller measure - a k'zayit (the size of an olive) - an exception is made in this instance, because a person's appetite will not be sated if he eats an amount of food smaller than the size of a date. In contrast to the measure for drinking, this is a standard measure, regardless of a person's size (Yoma 80a).
3. According to Shiurei Torah an egg is 57.6 cubic centimeters; according to Chazon Ish (when the smaller measure is more stringent), it is 41 cubic centimeters. Thus, the size of a date would be a slightly smaller figure. The laws regarding eating less than this amount are mentioned in Halachah 3.
4. The commentaries interpret this to mean slightly less than a revi'it. Note, however, the Shulchan Aruch (Orach Chayim 271:13), which states that this measure is slightly more than half a revi'itwith regard to the laws of kiddush. (Note the comments of the Be'ur Halachah 271.)
5. For this will sate neither one's appetite nor one's thirst (Yoma 81a).
6. For even forbidden food will sate one's hunger (Rabbenu Manoach).
7. A sacrifice that was offered with the intent that it - or any of its sacred elements - be offered on the altar or eaten at a time when it is forbidden to be eaten; e.g., a peace offering the blood of which one thought to have poured on the altar at nightfall, or to have its flesh consumed on the third day after its sacrifice (Hilchot Pesulei HaMukdashim 13:1).
8. Sacrificial meat that was left over past the time during which it is allowed to be eaten - e.g., a sin offering on the morning of the following day or a peace offering on the morning of the third day (Hilchot Pesulei HaMukdashim 18:10).
9. Produce from which the agricultural requirements of terumah and the tithes were not separated (Hilchot Ma'achalot Asurot 10:19).
10. An animal that will not live longer than twelve months, because of a wound or blemish (Hilchot Ma'achalot Asurot 4:6-8; Hilchot Shechitah 5:1).
11. By eating from this prohibited food on Yom Kippur, one violates two prohibitions: the consumption of the prohibited food and eating on Yom Kippur (Merkevet HaMishneh). See Hilchot Shegagot 6:4 and the conclusion of Chapter 14 of Hilchot Ma'achalot Assurot.
12. Since the substance that he is eating is forbidden, it is merely lacking in quantity (Rabbi Yochanan's view, Yoma 74a).
13. Our translation is based on the Rambam's statements in Hilchot Tu'mat Tzara'at 16:6.
Whenever the Torah mentions a prohibition - and similarly, a mitzvah - that involves eating, the intent is that the person partake of a minimum measure within a specific time. The standard time for all prohibitions (and mitzvot) is כדי אכילת פרס, which the Rambam defines as the time it takes to eat the above amount. [There are opinions that state an amount of bread equivalent to four eggs (Maggid Mishneh). This opinion is mentioned in the notes on Halachah 8.]In time, כדי אכילת פרס is defined as six minutes by the Tzemach Tzedek in one place and seven minutes in another (Sha'ar HaMiluim, sec. 9). Other opinions mention nine minutes, 8, 7 1/2, 6, 5, 4 1/2, 4. (See Ketzot HaShulchan 3:15.)
14. And it is considered as if the person ate less than the minimum measure. For this reason, as mentioned in the notes on Halachah 8, when a person must eat on Yom Kippur, there are times when at first he is given less than the minimal amount, his eating is interrupted, and then he is given less than the minimal amount again, so as to minimize the extent of his transgression.
15. I.e., the amount of time it takes to drink a revi'it leisurely (Radbaz, Vol. V, Responsum 1554). This is, nevertheless, a much smaller measure than the amount of time it takes to eat three eggs.
The Ra'avad (in his gloss on Hilchot Terumah 10:3) differs and states that even regarding drinking, the minimum measure is the amount of time it takes to eat three eggs. (Significantly, the source on which his opinion is based, Keritot 13a, is cited by the Rambam as halachah in Hilchot Sha'ar Avot HaTum'ah 8:11.)
Although the Shulchan Aruch (Orach Chayim 612:10) appears to favor the Rambam's view,Shulchan Aruch HaRav 612:15 and the Mishnah Berurah 612:31 suggest following the more stringent view.
16. Our translation is taken from Rav Kapach's translation of an Arabic term in his edition of the Rambam's Commentary on the Mishnah (Yoma 8:2, Nedarim 6:4). In the latter source, the Rambam also states that the brine is sometimes made from fish. The Mishnah Berurah 612:28 renders the Hebrew term as referring to fat that exudes from a fish.
17. When describing the fast, Leviticus 23:29 uses the expression, "Every soul that will not afflict itself shall be cut off." Eating food that is not fit for human consumption is also a form of affliction. Hence, one is not liable for punishment (Rabbenu Manoach).
18. From the fact that the text mentions only fresh ginger, and not fresh peppers, the Maggid Mishnehstates that one might infer that one is not liable for eating fresh peppers. He differs with this conclusion and suggests amending the text based on the Rambam's statements in Hilchot Berachot 8:7. The Shulchan Aruch (Orach Chayim 612:8) also makes a distinction between fresh and dried peppers.
19. The Shulchan Aruch (loc. cit.:7) quotes the version of Yoma 81b that we have, which states, "the leaves of reeds." The Rambam's wording is based on the version quoted by Rabbenu Chanan'el.
20. I.e., the leaves just as they emerge from the stem of the vine.
21. I.e., when calculating whether or not a person ate a quantity of food equivalent to the size of a date.
22. Although the brine is a liquid, and liquids and foods are not ordinarily combined (Halachah 1), since the brine is used to flavor the vegetable, it is considered to be a food (Yoma 80b).
23. The Rambam's wording requires some clarification. He is referring to a person who had overeaten before the commencement of Yom Kippur, and then despite being disgusted by food, continued to eat on Yom Kippur itself (Maggid Mishneh; Shulchan Aruch, Orach Chayim 612:6). If a person began eating in the midst of the fast and then overate, he would be liable, because of the first morsels of food that he ate.
24. If, however, the person is not jaded with the taste of the food, e.g., because the food is prepared in a very flavorful manner, he is liable even though he overate.
25. Compare to Hilchot Shabbat 2:5, which explains that the classification "dangerously ill" means that "he has a wound in his body cavity, from his lips inward." Such a person does not need the assessment of a physician to determine whether or not the Sabbath should be violated on his behalf. In situations where the seriousness of the person's ailment is not as obvious, the Sabbath may be violated on his behalf based on a physician's pronouncement. Also, in this category is a women within three days after childbirth.
Significantly, when stating this law, the Shulchan Aruch (Orach Chayim 618:1) mentions only "a sick person who must eat," without stating that he must be dangerously ill. The Be'ur Halachahemphasizes that in many instances, even mildly serious conditions can become life-threatening if the person fasts.
26. See Hilchot Yesodei HaTorah 5:6, which states that with the exception of the prohibitions against idol worship, murder, and incestuous or adulterous relations, any of the Torah's prohibitions may be violated to save a person's life. As mentioned in Hilchot Shabbat 2:1, even if there is a doubt regarding the matter, the Sabbath should be violated, and moreover, it should be the leaders of the people and the wise who violate the Sabbath on the sick person's behalf, so that the people at large will appreciate that this is the course of action that should be taken.
27. Significantly, the Shulchan Aruch (loc. cit.:7) mentions that when a sick person is fed on Yom Kippur, he should first be fed less than the size of a date within the amount of time it takes to eat four eggs (the more stringent view regarding the time of כדי אכילת פרס). If, however, that is not sufficient, the more lenient opinions concerning the measure of כדי אכילת פרס can be relied upon. If even that is not sufficient, the person should be fed in the normal manner.
28. The sick man's own opinion should followed, because "the heart knows the bitterness of his soul." Nevertheless, the person should be reminded that it is Yom Kippur. If he persists in his desire to eat, we assume that he does not desire to transgress, but cannot bear the fast (Shulchan Aruch HaRav 618:1; Mishnah Berurah 618:5).
29. This is speaking about a person who genuinely does not think that it is necessary for him to eat. It must be emphasized that the Rabbis frowned on the supposed "piety" of a sick person who knows that he should eat, but refrains from doing so because of the fast, and applied the verse (Genesis 9:5): "I will demand an account of the blood of your own lives" (Mishnah Berurah, loc. cit.). He should be forced to eat, even against his will.
30. The Mishnah Berurah 618:1 quotes opinions that state that a Jew need not be an expert physician to render such an opinion. Since he is aware of a threat to life and knows the seriousness of Yom Kippur, his view is accepted. A gentile, however, must be an expert physician for his view to be considered.
31. The Shulchan Aruch (Orach Chayim 618:4) differs and states that if two physicians say that the sick person should eat, their opinion should be followed. Since two physicians have made such a statement, no further risks should be taken with a person's life.
32. Rabbi Yehudah HaNasi gave this suggestion when asked regarding such a problem (Yoma 83a).
33. This refers to a sense of infirmity that overcomes a person because of lack of nourishment; he becomes, dizzy, faint, and unable to focus his eyes.
34. If all that is immediately available is non-kosher food, he should be fed food that involves a prohibition that is least severe first. [See Hilchot Ma'achalot Asurot 14:17, the Rambam's Commentary on the Mishnah (Yoma 8:4), and the Shulchan Aruch (Orach Chayim 618:9). See theNoda BiY'hudah, Vol. I, Orach Chayim, Responsum 36, which focuses on this issue.]
35. The intent is non-kosher species. Even if their flesh is tasty, they are considered loathsome by Jewish law.
36. The Shulchan Aruch (Orach Chayim 616:2) explains that when a child's constitution is strong, his training to fast should begin at age nine. If he is weak, the training can be postponed a year.
37. The Ra'avad differs and maintains that since males and females reach maturity at different ages, that factor should be taken into account in this law. According to his view, a male child is not obligated to complete the fast until he is twelve, and a female must complete the fast at age eleven.
The Shulchan Aruch (Orach Chayim, loc. cit.) quotes the Rambam's view. The Ramah mentions a third opinion, which does not require children to complete a fast at all. He states that when a child's constitution is weak, this view should be followed.
38.
Even a fraction of a day is considered to be a day. Therefore, if a girl's birthday is on Yom Kippur, she is obligated to fast from her twelfth birthday onward.
39.
In this instance, however, even a child with a weak constitution should make every effort to complete the fast. For it is possible that the child had pubic hairs, which would cause him or her to be considered to be an adult, but they fell off (Ramah, Orach Chayim 616:2).
40. Even if a child desires to fast, he should be prevented from doing so (Ramah, Orach Chayim, loc. cit.).
Shevitat Asor - Chapter Three
Halacha 1
It is forbidden to wash on Yom Kippur,1 whether using hot or cold water.2 One may not wash one's entire body [at one time], nor any individual limb. It is even forbidden to immerse one's small finger in water.
A king and a bride may wash their faces:3 a bride so that she will not appear unattractive to her husband, and a king so that he will appear splendorous, as [Isaiah 33:17] states: "Your eyes shall behold the king in his splendor."4 Until when is a wife considered to be a "bride"? For thirty days.5
Halacha 2
When a person is soiled with filth or mud, he may wash off the dirt in an ordinary manner without reservation.6 [Similarly,] a woman may wash one hand in water and give a piece of bread to a child.7
A person who is ill may wash in an ordinary manner even though he is not dangerously ill. Similarly, all those who are obligated to immerse themselves [for the sake of ritual purity] should immerse themselves in an ordinary manner. This applies both on Tish'ah B'Av and on Yom Kippur.8
Halacha 3
[The following rules apply] in the present age9 when a man has a seminal emission on Yom Kippur: If it is still moist, he should wipe it off with a cloth; this is sufficient. If it is dry, or he has become soiled, he may wash the soiled portions of his body and pray.10 It is, however, forbidden for him wash his entire body or to immerse himself.
For a person who immerses himself in the present age is not ritually pure11 - [he is impure regardless - ] because of ritual impurity contracted from a human corpse.12 The practice of washing after a nocturnal emission before prayer in the present age is only a custom. And a custom may not nullify a prohibition; it may only prohibit that which is permitted.13
The statement that a person who had a seminal emission on Yom Kippur should immerse himself was applicable only [in the era] when it was required to immerse oneself after a seminal emission and, as explained, this ordinance has already been nullified.
Halacha 4
It is forbidden to sit on mud that is moist14 enough that if a person places his hand on it, sufficient moisture will rise up with it so that if he joins this hand to his other hand, the other hand will also become moist.15
A person should not fill an earthenware container with water and use it to cool himself, for the water permeates through its walls. It is even forbidden to use a metal container [for this purpose], lest water sprinkle on his flesh.16 It is permitted to cool off [by holding] fruit [against one's flesh].
Halacha 5
On the day preceding Yom Kippur, a person may take a handkerchief and soak it in water, wring it out slightly,17 and place it under clothes [so that it will not be exposed to the heat of the sun]. On the following day, he may wipe his face with it without any reservation,18 despite the fact that it is very cold.
Halacha 6
A person who is going to greet his teacher,19 his father,20 or someone who surpasses him in knowledge, and similarly, a person who is going to study in the House of Study, may pass through water21 that is neck-high22 without any reservation.23
[Moreover, after] he performs the mitzvah that he intended to perform, he may return to his home via the water. For if we did not allow him to return, he would not go, [and with this restriction, we would] thwart [his observance of] the mitzvah.
Similarly, a person who goes to guard his produce may pass through water that is neck-high without any reservation.24 These leniencies are granted], provided one does not extend his hands out from under the fringes of the garments, as one would do during the week.25
Halacha 7
It is forbidden to wear a [leather] shoe or a sandal,26 even on one foot. It is, however, permitted to wear a sandal made of reeds, rushes,27or the like. Similarly, a person may wind cloth over his feet or the like, for his feet remain sensitive to the hardness of the ground and he feels as if he is barefoot.28
Although children are allowed to eat, drink, wash, and anoint themselves, they should be prevented [from wearing] shoes and sandals.29
Halacha 8
All people are allowed to wear sandals [to protect themselves] from being bitten by scorpions and the like.
A woman who has just given birth may wear sandals for thirty days, lest she be chilled. The same law applies to other people who are sick, even if their illness is not dangerous.30
Halacha 9
[Just as it is forbidden to anoint] one's entire body, so too, is it forbidden to anoint a portion of one's body. [This restriction applies] both to anointment that brings one pleasure and to anointment that does not bring one pleasure.31
When a person is sick, however, or if he has sores on his scalp, he may anoint himself in an ordinary manner without any reservation.
Halacha 10
There are communities where it is customary to light a candle on Yom Kippur, so that one will be modest with regard to one's wife and thus not be prompted to engage in sexual relations. There are, by contrast, other communities where it is customary not to light a candle, lest one see one's wife, be attracted to her, and be prompted to engage in sexual relations.32
If Yom Kippur falls on the Sabbath, it is an obligation to light [a candle incumbent on the members] of all communities. For lighting a candle on the Sabbath is an obligation.33
Blessed be God who grants assistance.
FOOTNOTES
1. Our Sages instituted this prohibition based Solomon's description (I Kings 2:26) of David's affliction, which included being forced to go without washing (Yoma 77a).
2. With regard to the prohibition against washing on the Sabbath and holidays, a distinction is made between washing with hot water and washing with cold water, because that prohibition was instituted lest the keepers of the baths heat water on these holy days. On Yom Kippur, the prohibition was instituted to prohibit washing per se. In this regard, we find a verse (Proverbs 25:25), "Like cold water on a wearied soul," including even cold water.
3. From this leniency, some authorities infer that the prohibition against washing is Rabbinic in origin. If its source had been in the Torah, the Sages would not have granted such a leniency. Nevertheless, it is possible to explain that since the Torah's prohibition applies only to washing for the sake of pleasure, washing for other reasons is permitted when necessary.
4. See Hilchot Melachim 2:5.
5. The Mishnah Berurah 613:26 mentions opinions that do not allow this leniency in the present age.
6. For it is only washing for the sake of pleasure that is forbidden, and not washing for the sake of cleanliness (Yoma 77b).
7. Yoma, ibid. explains that this refers to shibta, which Rashi interprets as meaning a spirit of impurity that rests on one's hands after sleep. For this reason, the Shulchan Aruch (Orach Chayim 613:2) allows one to wash one's hands upon arising in the morning.
8. This applied only in the ages when the people observed the laws of ritual purity. At present, since we do not possess the ashes of the red heifer, there is no way we can purify ourselves from the impurity contracted through contact with a human corpse, and we are all ritually impure. Hence, it is forbidden to immerse oneself on Yom Kippur and Tish'ah B'Av. Even a woman who is obligated to immerse herself on this day to purify herself from the niddah state should postpone her immersion. (See Shulchan Aruch, Orach Chayim 613:12, 554:8.)
9. I.e., in contrast to the era of Ezra, who ordained that a person who saw a nocturnal emission must immerse himself in the mikveh before reciting the Shema, praying, or engaging in Torah study. (See Hilchot Kri'at Shema 4:8, Hilchot Tefillah 4:4-6 and notes.)
10. For it is forbidden to pray while there is a trace of semen on one's body.
11. I.e., although a seminal emission conveys ritual impurity and immersion in a mikveh removes that impurity, this is not of consequence in the present age.
12. Which can be removed only when the ashes of the red heifer are sprinkled on a person.
13. I.e., a person may accept a custom that requires more stringent conduct than that obligated by the letter of Torah law for various reasons. He may not, however, adopt any leniency in Torah law for such reasons.
14. This would also be done for the purpose of cooling off (Shulchan Aruch, Orach Chayim 613:9).
15. This is the explanation of the Rabbinic expression, טופח על מנת להטפיח.
16. One may, however, use an empty container for this purpose (Shulchan Aruch, loc. cit.).
17. I.e., he must wring it out so that it will no longer be טופח על מנת להטפיח, as explained in the previous halachah.
18. The Ramah (Orach Chayim 613:9) forbids this, lest the person squeeze water from the cloth and thus perform one of the forbidden labors.
19. For it is a mitzvah to greet one's teacher (Chaggigah 5b).
20. Since honoring one's parents is a mitzvah.
21. For his intent is to perform the mitzvah and not to take pleasure in bathing.
22. The Shulchan Aruch (loc. cit. 613:5) emphasizes that one should not enter water in which the current is fast-moving, because of the danger involved.
23. The Ramah (Orach Chayim 613:8) states that even if there is a circuitous route that does not require one to pass through water, one may take a direct route through the water. Shulchan Aruch HaRav 613:13 and the Mishnah Berurah 613:22 differ, and prohibit passing through water if there is an alternative route, even one that is much longer.
24. Although guarding one's produce is not a mitzvah, this leniency was granted because of a person's concern for his money. In this instance, the person is not allowed to return through water on Yom Kippur (Shulchan Aruch HaRav 613:12).
25. Forcing the person to deviate from his ordinary pattern will remind him not to squeeze the water from his garments (Shulchan Aruch HaRav 613:8).
26. Yoma 77a also regards going without shoes as an affliction, based on Solomon's statements describing David's afflictions (I Kings 2:26) cited previously, for II Samuel 15:30 describes how David walked barefoot when fleeing from Avshalom.
27. Our translation for שעם is based on the gloss of Rabbenu Manoach. He also offers an alternative meaning of the word, "tree bark." In modern Hebrew, שעם means cork.
28. The Mishnah Berurah 614:5 states that in his time, it was customary to wear socks and not shoes or sandals made of rubber or similar materials. Nevertheless, at present it has become customary to wear such shoes or sandals.
29. Refraining from any of the other four activities mentioned could affect the child's health and growth. This is not true with regard to wearing shoes and sandals. On the contrary, children often go without shoes.
30. The halachic equivalence between a woman who has just given birth and a sick person is established in Hilchot Shabbat 2:14.
The Shulchan Aruch (Orach Chayim 614:3) also grants this leniency to a person who has a wound on his foot. The Ramah (loc. cit.:4) states that shoes may also be worn outside if the streets are very muddy.
31. The Shulchan Aruch (Orach Chayim 614:1) interprets this to mean that it is prohibited to anoint oneself even for purposes of cleanliness.
32. Shulchan Aruch HaRav 610:1 explains that it is an obligation to honor Yom Kippur by kindling lights, just as it is a mitzvah to honor other holidays. Nevertheless, because of the fear that one might be prompted to engage in sexual relations, certain communities adopted the custom of nullifying this mitzvah in homes where a husband and wife live together. Pesachim 53b applies the verse (Isaiah 60:21) "And your nation are all righteous" to both customs.
In all communities, it is customary to light candles for Yom Kippur, either at home or in the synagogue. The above explanation clarifies the decision of the Ramah, who maintains that one should recite a blessing over these candles. There are, however, other explanations, and for this reason, there are authorities (see Sha'ar HaTziyun 610:5) who maintain that a blessing should not be recited.
33. See Hilchot Shabbat 5:1.
Hayom Yom
Today's Hayom Yom
Torah lessons: Chumash: B'shalach, Shlishi with Rashi.
Tehillim: 69-71.
Tanya: But the ten (p. 85)...in the world. (p. 87).
Yahrzeit is observed on the anniversary of the day of death even the first year, and even if the day of burial was much later than the day of death.1
When my grandfather (R. Shmuel) was seven, his father (the Tzemach Tzedek) once answered him: The kindness and special quality in G-d's making man upright,2 to walk erectly, is that though he walks on the earth he sees the Heavens; not so with beasts that go on all fours; they see only the earth.
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.
FOOTNOTES
1. Note: This day (Sh'vat 13) marks the Yahrzeit of Rebbetzin Shterna Sara in 5702 (1942). She was the mother of the Rebbe, R. Yosef Yitzchak.
2. Kohelet 7:29.
Today's Hayom Yom
Tehillim: 69-71.
Tanya: But the ten (p. 85)...in the world. (p. 87).
Yahrzeit is observed on the anniversary of the day of death even the first year, and even if the day of burial was much later than the day of death.1
When my grandfather (R. Shmuel) was seven, his father (the Tzemach Tzedek) once answered him: The kindness and special quality in G-d's making man upright,2 to walk erectly, is that though he walks on the earth he sees the Heavens; not so with beasts that go on all fours; they see only the earth.
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.
FOOTNOTES
1. Note: This day (Sh'vat 13) marks the Yahrzeit of Rebbetzin Shterna Sara in 5702 (1942). She was the mother of the Rebbe, R. Yosef Yitzchak.
2. Kohelet 7:29.
____________________________
Daily Thought
Inner Voice
There is an outer world and there is an inner world. As deep as you penetrate, as high as you reach, there is always something breathing inside.
The outer world is made of things. Breathing inside the things are words.
Words are the outside. Inside the words are stories.
The story is the outside. Inside the story is a thought.
Thoughts are the outside. Inside the thoughts is a great light.
At the origin of all light is the beginning that cannot be known.
The outside we can touch and come to know.
The inside—we must wait and be still, so that it may speak to us.
As it did at Sinai. As it does whenever we learn Torah with all our heart and soul.[Maamar Gal Enai 5737.]____________________________
Daily Thought
Inner Voice
There is an outer world and there is an inner world. As deep as you penetrate, as high as you reach, there is always something breathing inside.
The outer world is made of things. Breathing inside the things are words.
Words are the outside. Inside the words are stories.
The story is the outside. Inside the story is a thought.
Thoughts are the outside. Inside the thoughts is a great light.
At the origin of all light is the beginning that cannot be known.
The outside we can touch and come to know.
The inside—we must wait and be still, so that it may speak to us.
As it did at Sinai. As it does whenever we learn Torah with all our heart and soul.[Maamar Gal Enai 5737.]____________________________
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