Saturday, January 17, 2015

Chabad - Today in Judaism - TODAY IS: Sunday, 27 Tevet 5775 • 18 January 2015

Chabad - Today in Judaism - TODAY IS: Sunday, 27 Tevet 5775 • 18 January 2015 
Today's Laws & Customs:
Today in Jewish History:
Passing of R. Samson Raphael Hirsch (1888)

Rabbi Shimshon Raphael Hirsch (1808-1888), Talmudist, scholar, philosopher, prolific author and Rabbi of Frankfurt am Main, passed away on this date. He was instrumental in revitalizing German Jewry, bringing thousands back to the teachings of the Torah at a time when assimilationist trends threatened to extinguish Jewish life in Western Europe.
DAILY QUOTE:
Fear of death is worse than death[R. Yehudah de Modena]
DAILY STUDY:
CHITAS AND RAMBAM FOR TODAY:
Chumash: Parshat Bo, 1st Portion (Exodus 10:1-10:11) with Rashi
• Chapter 10
1. The Lord said to Moses: "Come to Pharaoh, for I have hardened his heart and the heart of his servants, in order that I may place these signs of Mine in his midst, א. וַיֹּאמֶר יְהֹוָה אֶל משֶׁה בֹּא אֶל פַּרְעֹה כִּי אֲנִי הִכְבַּדְתִּי אֶת לִבּוֹ וְאֶת לֵב עֲבָדָיו לְמַעַן שִׁתִי אֹתֹתַי אֵלֶּה בְּקִרְבּוֹ:
The Lord said to Moses: Come to Pharaoh: and warn him.
ויאמר ה' אל משה בא אל פרעה: והתרה בו:
that I may place: Heb. שִׁתִי, lit., My placing, that I may place. — [after the targumim]
שתי: שימי שאשית אני:
2. and in order that you tell into the ears of your son and your son's son how I made a mockery of the Egyptians, and [that you tell of] My signs that I placed in them, and you will know that I am the Lord." ב. וּלְמַעַן תְּסַפֵּר בְּאָזְנֵי בִנְךָ וּבֶן בִּנְךָ אֵת אֲשֶׁר הִתְעַלַּלְתִּי בְּמִצְרַיִם וְאֶת אֹתֹתַי אֲשֶׁר שַׂמְתִּי בָם וִידַעְתֶּם כִּי אֲנִי יְהֹוָה:
I made a mockery: Heb. הִתְעַלַלְתִּי, I mocked, like “Because you mocked (הִתְעַלַלְתִּי) me” (Num. 22:29); “Will it not be just as He mocked (הִתְעַלֵל) them” (I Sam. 6:6), stated in regard to Egypt. It is not an expression meaning a “deed and acts (מַעִלָלִים),” however, for were that so, He would have written עוֹלַלְתִּי, like “and deal (וְעוֹלֵל) with them as You have dealt (עוֹלַלְתָּ) with me” (Lam. 1:22); “which has been dealt (עוֹלֵל) to me” (Lam. 1:12).
התעללתי: שחקתי, כמו (במדבר כב כט) כי התעללת בי, (שמואל א' ו ו) הלא כאשר התעולל בהם, האמור במצרים. ואינו לשון פועל ומעללים, שאם כן היה לו לכתוב עוללתי, כמו (איכה א כב) ועולל למו כאשר עוללת לי, (שם כב) אשר עולל לי:
3. So Moses and Aaron came to Pharaoh and said to him, "So said the Lord, the God of the Hebrews, How long will you refuse to humble yourself before Me? Let My people go, and they will worship Me. ג. וַיָּבֹא משֶׁה וְאַהֲרֹן אֶל פַּרְעֹה וַיֹּאמְרוּ אֵלָיו כֹּה אָמַר יְהֹוָה אֱלֹהֵי הָעִבְרִים עַד מָתַי מֵאַנְתָּ לֵעָנֹת מִפָּנָי שַׁלַּח עַמִּי וְיַעַבְדֻנִי:
to humble yourself: Heb. לֵעָנֹת, as the Targum [Onkelos] renders, לְאִתְכְּנָעָא, and it is derived from עָנִי. You have refused to be humble and meek before Me.
לענת: כתרגומו לאתכנעא, והוא מגזרת עני, מאנת להיות עני ושפל מפני:
4. For if you refuse to let [them] go, behold, tomorrow I am going to bring locusts into your borders. ד. כִּי אִם מָאֵן אַתָּה לְשַׁלֵּחַ אֶת עַמִּי הִנְנִי מֵבִיא מָחָר אַרְבֶּה בִּגְבֻלֶךָ:
5. And they will obscure the view of the earth, and no one will be able to see the earth, and they will eat the surviving remnant, which remains for you from the hail, and they will eat all your trees that grow out of the field. ה. וְכִסָּה אֶת עֵין הָאָרֶץ וְלֹא יוּכַל לִרְאֹת אֶת הָאָרֶץ וְאָכַל | אֶת יֶתֶר הַפְּלֵטָה הַנִּשְׁאֶרֶת לָכֶם מִן הַבָּרָד וְאָכַל אֶת כָּל הָעֵץ הַצֹּמֵחַ לָכֶם מִן הַשָּׂדֶה:
the view of the earth: Heb. עֵין הָאָרֶץ, the view of the earth.
את עין הארץ: את מראה הארץ:
and no one will be able: Heb. יוּכַל lit., and will not be able. The seer [will not be able] to see the earth, but [the text] speaks briefly.
ולא יוכל וגו': הרואה לראות את הארץ, ולשון קצרה דבר:
6. And your houses and the houses of all your servants and the houses of all the Egyptians will be filled, which your fathers and your fathers' fathers did not see since the day they were on the earth until this day.' " [Therewith,] he turned and left Pharaoh. ו. וּמָלְאוּ בָתֶּיךָ וּבָתֵּי כָל עֲבָדֶיךָ וּבָתֵּי כָל מִצְרַיִם אֲשֶׁר לֹא רָאוּ אֲבֹתֶיךָ וַאֲבוֹת אֲבֹתֶיךָ מִיּוֹם הֱיוֹתָם עַל הָאֲדָמָה עַד הַיּוֹם הַזֶּה וַיִּפֶן וַיֵּצֵא מֵעִם פַּרְעֹה:
7. Pharaoh's servants said to him, "How long will this one be a stumbling block to us? Let the people go and they will worship their God. Don't you yet know that Egypt is lost?" ז. וַיֹּאמְרוּ עַבְדֵי פַרְעֹה אֵלָיו עַד מָתַי יִהְיֶה זֶה לָנוּ לְמוֹקֵשׁ שַׁלַּח אֶת הָאֲנָשִׁים וְיַעַבְדוּ אֶת יְהֹוָה אֱלֹהֵיהֶם הֲטֶרֶם תֵּדַע כִּי אָבְדָה מִצְרָיִם:
Don’t you yet know: Heb. הִטֶרֶם תֵּדַע, do you not know yet that Egypt is lost?-[Rashi and Rashbam from targumim]
הטרם תדע: העוד לא ידעת כי אבדה מצרים:
8. [Thereupon,] Moses and Aaron were brought back to Pharaoh, and he said to them, "Go, worship the Lord your God. Who and who are going?" ח. וַיּוּשַׁב אֶת משֶׁה וְאֶת אַהֲרֹן אֶל פַּרְעֹה וַיֹּאמֶר אֲלֵהֶם לְכוּ עִבְדוּ אֶת יְהֹוָה אֱלֹהֵיכֶם מִי וָמִי הַהֹלְכִים:
were brought back: They were brought back by a messenger, whom they [the Egyptians] sent after them, and they returned them to Pharaoh.
ויושב: הושבו על ידי שליח ששלחו אחריהם והשיבום אל פרעה:
9. Moses said, "With our youth and with our elders we will go, with our sons and with our daughters, with our flocks and with our cattle we will go, for it is a festival of the Lord to us." ט. וַיֹּאמֶר משֶׁה בִּנְעָרֵינוּ וּבִזְקֵנֵינוּ נֵלֵךְ בְּבָנֵינוּ וּבִבְנוֹתֵנוּ בְּצֹאנֵנוּ וּבִבְקָרֵנוּ נֵלֵךְ כִּי חַג יְהֹוָה לָנוּ:
10. So he [Pharaoh] said to them, "So may the Lord be with you, just as I will let you and your young children out. See that evil is before your faces. י. וַיֹּאמֶר אֲלֵהֶם יְהִי כֵן יְהֹוָה עִמָּכֶם כַּאֲשֶׁר אֲשַׁלַּח אֶתְכֶם וְאֶת טַפְּכֶם רְאוּ כִּי רָעָה נֶגֶד פְּנֵיכֶם:
just as I will let you… out: and surely I will not let the flocks and the cattle out as you said.
כאשר אשלח אתכם ואת טפכם: אף כי אשלח גם את הצאן ואת הבקר כאשר אמרתם:
See that evil is before your faces: [Understand this] as the Targum [Onkelos] renders it. I have [also] heard an Aggadic midrash, however [which explains the passage as follows]: There is a star named Ra’ah [i.e., רָעָה meaning evil]. Pharaoh said to them [Moses and Aaron], “With my astrology I see that star ascending toward you in the desert [where you would like to go], and that is a sign of blood and slaughter.” When the Israelites sinned with the calf, and the Holy One, blessed be He, sought to kill them, Moses said in his prayer, “Why should the Egyptians say, ‘With Ra’ah He took them out…?’” (Exod. 32:12) This is what he [Pharaoh] said to them, “See that Ra’ah [evil] is opposite your faces,” [implying that their blood would be shed in the desert]. Immediately, “The Lord repented of the Ra’ah [the sign of the star]” (Exod. 32:14), and He turned the bloodshed [symbolized by this star] into the blood of the circumcision, for Joshua [in fact] circumcised them. This is the meaning of what is said: “This day I have rolled away the reproach of the Egyptians from you” (Josh. 5:9), for they were saying to you, “We see blood over you in the desert.” -[from Midrash Shir Hashirim, Wertheimer 1:2]
ראו כי רעה נגד פניכם: כתרגומו. ומדרש אגדה שמעתי כוכב אחד יש ששמו רעה. אמר להם פרעה רואה אני באיצטגנינות שלי אותו כוכב עולה לקראתכם במדבר, והוא סימן דם והריגה וכשחטאו ישראל בעגל ובקש הקב"ה להרגם אמר משה בתפלתו (שמות לב יב) למה יאמרו מצרים לאמר ברעה הוציאם, זו היא שאמר להם ראו כי רעה נגד פניכם, מיד (שם יד) וינחם ה' על הרעה והפך את הדם לדם מילה, שמל יהושע אותם, וזהו שנאמר (יהושע ה ט) היום גלותי את חרפת מצרים מעליכם, שהיו אומרים לכם דם אנו רואין עליכם במדבר:
11. Not so; let the men go now and worship the Lord, for that is what you request." And he chased them out from before Pharaoh. יא. לֹא כֵן לְכוּ נָא הַגְּבָרִים וְעִבְדוּ אֶת יְהֹוָה כִּי אֹתָהּ אַתֶּם מְבַקְשִׁים וַיְגָרֶשׁ אֹתָם מֵאֵת פְּנֵי פַרְעֹה:
Not so: as you have said [that you want] to take the young children with you, but let the men go and worship the Lord. — [from Jonathan]
לא כן: כאשר אמרתם להוליך הטף עמכם אלא לכו נא הגברים ועבדו את ה':
for that is what you request: ([meaning] that worship) you have requested until now, [telling me,] “Let us offer and sacrifice to our God” (Exod. 5:8), and young children do not usually offer up sacrifices. — [from Exod. Rabbah 13:5]
כי אתה אתם מבקשים: כי אותה בקשתם עד הנה (שמות ה ח) נזבחה לאלהינו, ואין דרך הטף לזבוח:
And he chased them out: This is elliptical, for it does not specify who the chaser was.
ויגרש אתם: הרי זה לשון קצר ולא פירש מי המגרש:
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Daily Tehillim: Psalms Chapters 120-134
• Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.
 
1. A song of ascents. I lift my eyes to the mountains-from where will my help come?
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
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Tanya: Likutei Amarim, beginning of Chapter 17
• Lessons in Tanya
• Today's Tanya Lesson
TSunday, 27 Tevet 5775 • 18 January 2015
Likutei Amarim, beginning of Chapter 17
ובזה יובן מה שכתוב
With this explanation — that even a fear and love of G‑d which remain concealed in one’s mind and heart suffice to infuse one’s fulfillment of the commandments with vitality, thereby perfecting and elevating them, we will understand the verse:1
כי קרוב אליך הדבר מאד, בפיך ובלבבך לעשותו
“For this thing is very near to you, in your mouth and in your heart, that you may do it.”
The verse states that it is easy for one to fulfill Torah and mitzvot with all three “garments” of the soul — thought, speech and action. The words “with your mouth” refer to speech, “with your heart” — to thought, and “that you may do it” refers to action. In a deeper sense, however, “your heart” refers not only to the power of thought, but also to the heart as the seat of the emotions — love, fear, and so on. The verse is telling us, then, that it is within easy reach of every Jew to fulfill the mitzvot with a feeling of awe and love of G‑d. Concerning this, the Alter Rebbe poses the question:
דלכאורה הוא בלבבך נגד החוש שלנו
At first glance, [the statement that “this thing is very near to you]…in your heart” seems contrary to our experience — in our experience we find that it is no simple feat to acquire a spirit of love and fear of G‑d.
והתורה היא נצחית
(2Yet the Torah is eternal),3 hence it could not refer only to Moses‘ generation — “a generation of understanding” — but must hold true for our own age as well.
שאין קרוב מאד הדבר, להפך לבו מתאוות עולם הזה לאהבת ה׳ באמת
In our experience we see that it is not a “very near thing” to change one’s heart from worldly desires to a sincere love of G‑d, for by nature one is inclined toward the former.
And as is written in The Duties of the Heart,4 “Desires for worldly pleasures are unable to dwell in the heart together with a love of G‑d.” In order to attain a love of G‑d, therefore, it is necessary for one to change his nature from one extreme to the other — by no means an easy matter!
וכמו שכתוב בגמרא: אטו יראה מילתא זוטרתי היא
Indeed, commenting on Moses‘ statement: “What does G‑d ask of you, but to fear Him?” the Talmud queries:5 “Is fear of heaven a small matter?”
This indicates, as the Rebbe points out, that even in Moses‘ generation (and surely in subsequent generations) it was no simple matter to acquire a fear of G‑d.
וכל שכן אהבה
And if this is true of fear of G‑d, then how much more so — a love of G‑d, for fear of G‑d is generally more easily attainable than love of G‑d.
Thus, not only our experience, but also this quotation from the Talmud seems to contradict the verse which states that fear and love of G‑d are “very near to you.”
וגם אמרו רז״ל דצדיקים דוקא לבם ברשותם
Moreover, our Sages also said6 that only tzaddikim have control over their hearts — to arouse a love and fear of G‑d whenever they so desire.
This latter quotation intensifies the question, as the Rebbe points out. Not only is it not “very near” to us to achieve a love of G‑d, but on the contrary, it is possible only for tzaddikim, who are a minority. Surely the Torah does not address only tzaddikim; how, then, can it state that a love of G‑d is very near to us, indicating that our heart is in our control, that we can divert it from mundane desires to a love of G‑d?
אלא דלעשותו רצונו לומר: האהבה המביאה לידי עשיית המצות בלבד
But the words “that you may do it” refer to a love which merely leads to the fulfillment of the commandments, although, strictly speaking, it is not an actual love.
The author thus interprets the words “that you may do it” as a qualification of the earlier phrase “for it is near to you…with your heart.” What is “near to you with your heart” (i.e., What sort of love is easily attainable)? That love which pertains to action (“that you may do it”).
Thereby we may also understand the order of the words in the verse. The words “in your mouth, in your heart, that you may do it” refer to the three “soul-garments” of thought, speech, and action, as we have observed earlier. However, the order in which they are listed in the verse is difficult to understand, for it seems to be neither an ascending order (action, speech, thought) nor a descending order (thought, speech, action). Why is the middle faculty, speech, put first, followed by thought (“in your heart”), and then action (“that you may do it”)? However, according to the interpretation of the words “that you may do it” given here, this is readily understood. These words follow immediately after the words “in your heart,” for they serve to explain and to qualify them: the love of which the verse speaks here (“in your heart”), is that which leads to action (“that you may do it”).
שהיא רעותא דלבא שבתעלומות לב, גם כי אינה בהתגלות לבו כרשפי אש
This means the hidden desire of the heart; even if it does not burn openly like a flaming fire, yet it can still lead one to fulfill the commandments.
ודבר זה קרוב מאד ונקל לכל אדם אשר יש לו מוח בקדקדו
This matter of arousing a love which remains hidden in the heart is very easy and very near to every man who has a brain in his head.
כי מוחו ברשותו, ויכול להתבונן בו בכל אשר יחפוץ
For his mind is under his control even if his heart is not, and with it he can meditate as he pleases, on any subject.
וכשיתבונן בו בגדולת אין סוף ברוך הוא, ממילא יוליד במוחו על כל פנים האהבה לה׳, לדבקה בו בקיום מצותיו ותורתו
If, then, he will contemplate with it on the greatness of the Almighty, he will inevitably generate — in his mind, at least — a love of G‑d, to cleave to Him through the performance of His commandments and the study of His Torah.
וזה כל האדם, כי היום לעשותם כתיב, שהיום הוא עולם המעשה דוקא
This Torah study and fulfilling the mitzvot constitutes7 “the whole purpose of man,” for it is written:8 “I command you these mitzvot, that you do them this day” — “this day” referring specifically to this world of physical action.
The Alter Rebbe’s point is that the main objective in the commandment to love G‑d lies, not in the love itself, but in the practical and wholehearted fulfillment of the commandments that is motivated by this love, for the main thing in this world is action.
ולמחר כו׳ כמו שכתוב במקום אחר
Only “tomorrow” i.e., in the afterlife is the time of reward,9 as is explained elsewhere.
Hence the true love of G‑d, which is in itself a partial reward for one’s serving Him, is not as important in this life as the actual performance of the mitzvot, which can be generated even by a love which remains hidden in the mind and heart. This, then, is the love referred to in the verse, “for it is very near to you in your heart that you may do it” — a love which, though it may not find overt expression in the heart, is yet sufficient to motivate the performance of the mitzvot, and within reach of every Jew.
How does this love motivate one to perform the commandments? This the Alter Rebbe now goes on to explain:
והמוח שליט בטבעו ותולדתו על חלל השמאלי שבלב, ועל פיו ועל כל האברים שהם כלי המעשה
The mind, by virtue of its inherent nature, is master over the left part of the heart, the seat of the animal soul, whence come one’s mundane desires and evil thoughts, and over the mouth and the other bodily organs, which are the instruments of action.
Hence by having — in his mind, at least — a love of G‑d and a desire to fulfill the mitzvot, one can utilize the natural mastery of the mind to overcome the desires of his heart, and to motivate his mouth and other bodily organs to study Torah and fulfill its commandments. We thus see that this can be done even by one whose heart is not under his control, as is a tzaddik’s.
FOOTNOTES
1. Devarim 30:14.
2. Parentheses are in the original text.
3. Maimonides, Hilchot Yesodei HaTorah, 9:1.
4. Chovot HaLevavot, introduction to Shaar Ahavat HaShem.
5. Berachot 33b; Megillah 25a.
6. Bereishit Rabbah 34:10; 67:8.
7. Kohelet 12:13.
8. Devarim 7:11.

9. Eruvin 22a.
____________________________
Rambam:
Daily Mitzvah P215. Mishneh Torah, End of Sefer Ahavah: From “Order of prayers for the whole year. The people are accustomed” to “He shall reign over us, etc.” Sefer Hamitzvot
Today's Mitzvah
Sunday, 27 Tevet, 5775 • 18 January 2015
Positive Commandment 215 (Digest)
Circumcision
"Every male child among you shall be circumcised"—Genesis 17:10.
We are commanded to circumcise all our male children. This obligation rests upon the child's father, not his mother.
The 215th mitzvah is that we are commanded to perform circumcision.
The source of this commandment is G‑d's statement1 (exalted be He) to Avraham, "You must circumcise every male."
The Torah clearly states that the punishment for one who does not fulfill this mitzvah is kares.2 The source for this is G‑d's statement3 (exalted be He), "The uncircumcised male whose foreskin has not been circumcised, shall be punished by kares."
The details of this mitzvah are explained in the 19th chapter of Shabbos4 and the 4th chapter of Yevamos.5
A woman is not obligated regarding her son's circumcision as a father is so obligated, as explained in Kiddushin.6
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Gen. 17:10.
2.This applies only when the individual's father has not circum­cised him, and his entire life has passed without him circum­cising himself.
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.
3.Gen. 17:14.
4.130a.
5.47b.
6.29a.
Nusach HaTefila (Digest)
Nusach Hatefilah
The study continues with Maimonides' "Order of Prayer." (The Daily Mitzvah schedule runs parallel to the daily study of three chapters of Maimonides' 14-volume code. This is what is being studied today according to the three-chapter-a-day-schedule.)
We have not translated this order into English, because the point of it is not to provide a translation of the prayers (in fact, the Hebrew text often skips out passages not relevant to the structure), but to lay out the way Maimonides structured his prayer book.
As such, we present you today with the first part of the original Hebrew "Order of Prayer." This section contains the daily morning prayers and blessings, up until the amidah.
Seder haTefillah - Part 1
סדר תפלות חלק ראשון
א. סדר תפלות כל השנה:
נהגו העם לקרות בכל יום בשחר אחר שקורין פרשת צו וברכת כהנים קורין משנה זו אלו דברים שאין להם שיעור הפאה והבכורים והראיון וגמילות חסדים ותלמוד תורה אלו דברים שאדם אוכל פירותיהן בעולם הזה והקרן קיימת לו לעולם הבא כיבוד אב ואם וגמילות חסדים ועיון תפלה וביקור חולים והשכמת בית המדרש והכנסת אורחים והבאת שלום בין אדם לחבירו ותלמוד תורה כנגד כולן אמר רבי זירא בנות ישראל הן החמירו על עצמן שאפילו רואות טיפת דם כחרדל יושבות עליה שבעה נקיים תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן העולם הבא שנאמר הליכות עולם לו אל תקרי הליכות אלא הלכות אמר רבי אלעזר אמר רבי חנינא תלמידי חכמים מרבים שלום בעולם שנאמר וכל בניך למודי יי' וכו' מזמור לדוד יי' מי יגור באהלך מי ישכון בהר קדשך הולך תמים ופועל צדק לעולם יהא אדם ירא שמים בסתר ומודה על האמת ודובר אמת בלבבו וישכם ויאמר רבון העולמים לא על צדקותינו אנחנו מפילים תחנונינו לפניך כי על רחמיך הרבים מה אנו מה חיינו מה חסדנו מה צדקתנו מה כחנו ומה גבורתנו מה נאמר לפניך יי' אלהינו הלא כל הגבורים כאין לפניך ואנשי השם כלא היו וחכמים כבלי מדע ונבונים כבלי השכל כי כל מעשינו תהו ובהו וימי חיינו הבל לפניך כמו שכתוב בדברי קדשך ומותר האדם וגו' אבל אנחנו עמך בני בריתך בני אברהם אוהבך שנשבעת לו בהר המוריה זרע יצחק יחידך שנעקד על גבי מזבחך עדת יעקב בנך בכורך שמאהבתך שאהבת אותו ומשמחתך ששמחת בו קראת אותו ישראל וישורון:
לפיכך אנו חייבין להודות לך ולשבחך ולפארך וליתן שבח והודאה לשמך וחייבין אנו לומר לפניך בכל יום ערב ובוקר שמע ישראל יי' אלהינו יי' אחד אשרנו מה טוב חלקנו מה נעים גורלנו מה יפה ירושתנו אשרנו שאנו משכימין ומעריבין בכל יום תמיד ערב ובוקר ואומרים שמע ישראל יי' אלהינו יי' אחד אתה הוא קודם שנברא העולם אתה הוא אחר שנברא העולם אתה הוא בעולם הזה ואתה הוא לעולם הבא אתה הוא ראשון ואתה הוא אחרון קדש שמך הגדול והקדוש בעולמך ובישועתך תרום ותגביה קרננו ברוך המקדש שמו ברבים אתה הוא יי' אלהינו בשמים ממעל ועל הארץ מתחת ובשמי השמים העליונים אתה הוא ראשון ואתה הוא אחרון ומבלעדיך אין אלהים קבץ קויך מארבע כנפות הארץ יכירו וידעו כל באי עולם כי אתה הוא האלהים לבדך לכל ממלכות הארץ אתה עשית את השמים ואת הארץ ומי בכל מעשה ידיך בעליונים או בתחתונים מי שיאמר לך מה תעשה אבינו שבשמים עשה עמנו כמו שהבטחתנו על ידי חוזך בעת ההיא אביא אתכם ובעת קבצי אתכם כי אתן אתכם לשם ולתהלה בכל עמי הארץ בשובי את שבותיכם לעיניכם אמר יי ונאמר אתה הוא יי' לבדך אתה עשית את השמים שמי השמים וכל צבאם הארץ וכל אשר עליה הימים וכל אשר בהם ואתה מחיה את כולם וצבא השמים לך משתחוים אתה הוא יי' האלהים אשר בחרת באברם והוצאתו מאור כשדים ושמת שמו אברהם אתה הוא ושנותיך לא יתמו יי' מלך יי מלך יי' ימלוך לעולם ועד יי' מלך כו' עד ברוך יי' לעולם אמן ואמן:
ברכה ראשונה שמברכין לפני פסוקי הזמירות זהו נוסחה:
ברוך שאמר והיה העולם ברוך הוא ברוך אומר ועושה ברוך גוזר ומקיים ברוך מרחם על הארץ ברוך מרחם על הבריות ברוך מעביר אפלה ומביא אורה ברוך משלם שכר טוב ליראיו ברוך שאין לפניך לא עולה לא שכחה ולא כזב ולא מרמה לא משוא פנים ולא מקח שחד ברוך אל חי לעד וקיים לנצח ברוך אתה יי' אלהינו מלך העולם האל המהולל בפי עמו משובח ומפואר בלשון כל חסידיו ועבדיו ובשירי דוד עבדך משיחך נהללך יי' אלהינו בשבחות ובזמירות נודך ונשבחך ונפארך ונזכיר שמך מלכנו אלהינו יחיד חי העולמים משובח ומפואר עדי עד שמו ברוך אתה יי' מלך מהולל בתושבחות וקורין פסוקין אלו יהי כבוד יי' לעולם ישמח יי' במעשיו כו' אשרי כו' עד סוף תילים ואחר כך קורא פסוקים אלו ברוך יי' לעולם אמן ואמן ימלוך יי' לעולם אמן ואמן ויברך דויד את יי לעיני כל הקהל ויאמר דויד ברוך אתה יי' אלהי ישראל וכו':
ברכה אחרונה של אחר פסוקי הזמירות זהו נוסחה:
ישתבח שמך לעד מלכנו האל המלך הגדול והקדוש בשמים ובארץ כי לך נאה יי' אלהינו ואלהי אבותינו וכו' וקורא השירה עד סופה כמנהג המקום בשבת נהגו כל העם להוסיף לפני ברכה זו נוסח זה נשמת כל חי תברך את שמך יי' אלהינו ורוח כל בשר תפאר ותרומם זכרך מלכנו תמיד לדור ודור ומעולם ועד עולם אתה אל ומבלעדך אין אלהים ואין לנו מלך גואל ומושיע פודה ומציל בכל עת צרה וצוקה אלא אתה מפרנס ומרחם אלוה כל בריות אדון התולדות המהולל בתושבחות המנהג עולמו בחסד ובריותיו ברחמים רבים אלהים אמת לא ינום ולא יישן המעורר ישנים והמקיץ נרדמים סומך נופלים ורופא חולים ומתיר אסורים ולך אנחנו מודים ואילו פינו מלא שירה כים ולשונינו רנה כהמון גליו ושפתותינו שבח כמרחבי רקיע ועינינו מאירות כשמש וכירח וידינו פרושות כנשרי שמים ורגלינו קלות כאילות אין אנו מספיקין להודות לך יי' אלהינו ואלהי אבותינו ולברך את שמך על אחת מאלף אלפי אלפים ורוב רובי רבבות פעמים הטובות נסים וגבורות שעשית עמנו ועם אבותינו מלפנים ממצרים גאלתנו יי' אלהינו מבית עבדים פדיתנו ברעב זנתנו ובשובע כלכלתנו מחרב הצלתנו ומדבר מלטתנו ומחלאים רעים רבים דליתנו ועד הנה עזרונו רחמיך יי' אלהינו ולא עזבונו חסדיך על כן איברים שפלגת בנו ורוח ונשמה שנפחת באפינו ולשון אשר שמת בפינו הן הם יודו ויברכו את שמך יי' אלהינו וכו' ישתבח וכו' וכן נהגו לקרות כל מזמור שיר ליום השבת קודם שיתחילו פסוקי הזמירות ביום השבת וביום הכפורים ויש מקומות שנהגו לקרות הלל הגדול בשבתות קודם פסוקי הזמירות ויש מקומות שנהגו לקרות שיר המעלות הכל כמנהגם:
ברכה ראשונה שלפני קריאת שמע זו היא נוסחה:
ברוך אתה יי' אלהינו מלך העולם יוצר אור ובורא חשך כו' עד יוצר המאורות ברכה שנייה אהבת עולם אהבתנו יי' אלהינו חמלה גדולה ויתירה חמלת עלינו אבינו מלכנו כו' עד בעמו ישראל באהבה:
ברכה אחרונה שלאחר קריאת שמע זו היא נוסחה:
אמת ויציב וכו' עד ברוך אתה יי' גאל ישראל ובערבית ברכה ראשונה ברוך אתה יי' אלהינו מלך העולם אשר בדברו מעריב ערבים עד ברוך אתה יי' המעריב ערבים ברכה שנייה אהבת עולם בית ישראל עמך אהבת וכו' עד ברוך אתה יי' אוהב עמו ישראל ברכה ראשונה שלאחר קריאת שמע של ערבית זו היא נוסחה:
אמת ואמונה כל זאת קיים עלינו כו' עד ברוך אתה יי' גאל ישראל ברכה אחרונה זו היא נוסחה:
השכיבנו יי אלהינו לשלום וכו' עד ברוך שומר עמו ישראל לעד ברוך יי' לעולם אמן ואמן כו' עד פדיתה אותי יי' אל אמת יראו עינינו וישמח לבנו כו' עד יי' מלך יי' מלך יי' ימלך לעולם ועד:
ונהגו מקצת העם לברך פסוקים באמצע ברכה וקוראין בנוסח זה:
וירא כל העם ויפלו על פניהם ויאמרו יי' הוא האלהים יי' הוא האלהים הושיענו אלהי ישענו וקבצנו והצילנו מן הגוים להודות לשם קדשך להשתבח בתהלתך כי לא יטוש יי' את עמו בעבור שמו הגדול כי הואיל יי' לעשות אתכם לו לעם ועלו מושיעים בהר ציון לשפוט את הר עשו והיתה ליי' המלוכה והיה יי' למלך על כל הארץ ביום ההוא יהיה יי' אחד ושמו אחד אלהינו שבשמים יחד שמך הקרוי עלינו קיים את שמך ומלכותך עלינו תמיד בידך נפשות החיים והמתים אשר בידו נפש כל חי ורוח כל בשר איש בידך אפקיד רוחי פדיתה אותי יי' אל אמת ואנחנו עמך וצאן מרעיתך נודה לך לעולם לדור ודור נספר תהלתך יי' הצילה נפשי משפת שקר מלשון רמיה ישראל נושע ביי' תשועת עולמים לא תבושו ולא תכלמו עד עולמי עד יהי יי' אלהינו עמנו כאשר היה עם אבותינו אל יעזבנו ואל יטשנו להטות לבבנו אליו ללכת בכל דרכיו לשמור מצותיו וחקיו ומשפטיו אשר צוה את אבותינו כל הנשמה תהלל יה הללויה ברוך יי' ביום ברוך יי' בלילה ברוך יי' בשכבנו ברוך יי' בקומנו תמיד נהללך סלה ונשיח בחוקיך ובאמונתך ברוך אתה יי' המולך בכבודו חי וקיים תמיד ימלוך עלינו וכו':
The text on this page contains sacred literature. Please do not deface or discard.
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.
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Rambam:
• 1 Chapter a Day: Talmud Torah - Chapter Six
Talmud Torah - Chapter Six
Halacha 1
It is a mitzvah to respect every Torah sage, even if he is not one's teacher, as [Leviticus 19:32] states: "Stand up before a white-haired [man] and respect an elder." [The word] zakein, [translated as "elder," alludes to the Hebrew words meaning] "one who has acquired wisdom."
When is one obligated to stand before him? When he approaches within four cubits of him until he passes him.
Halacha 2
One should not stand before [a sage] in a bathhouse or toilet, for it is stated [ibid.]: "Stand up...and respect...," [implying] standing up that conveys respect.
Craftsmen are not obligated to stand before the Torah sages while they are involved in their work, for it is stated: "Stand up...and respect...." [It can be inferred that] just as showing respect does not involve a financial loss, standing need not involve a financial loss.
What is the source [which teaches that] a person should not divert his eyes from the sage so that he will not see him, lest he be required to stand before him? It is written [ibid.], "and you shall fear your God." With regard to all matters dependent on one's conscience, the Torah states: "and you shall fear your God."
Halacha 3
It is not proper for a sage to trouble the people and position himself before them so that they will have to stand for him. Rather, he should take shortcuts and have the intent that they should not see him, so that he will not trouble them to stand. The Sages would take circular routes through the outskirts [of their cities], where people who recognize them would not be found, in order not to trouble them.
Halacha 4
Riding is considered to be walking. Just as one stands before [a sage who is] walking, so one should stand before one who is riding.
Halacha 5
When three people are journeying [together], the master should walk in the center, the [student of] greater [stature] on his right, and the one of lesser [stature] on his left.
Halacha 6
One who sees a sage need not stand in deference to him until he reaches within four cubits of him; once he has passed, he may sit.
Should one see the av beit din, one should stand in deference to him from the time he sees him - as far away as he can see. He may not sit until he has passed four cubits beyond him.
Should one see the nasi, one should stand in deference to him from the time he sees him - as far away as he can see. He may not sit until he has reached his place or passed [beyond his field of vision] and is hidden.
Should a nasi [desire to] waive the honor due him, he may forgo it.
When the nasi enters, all the people should stand. They may not sit until he tells them to. When the av beit din enters, two rows are opened for him, and the people stand on either side until he enters and sits in his place. The other people remain seated in their places.
Halacha 7
When a sage enters - when he approaches within four cubits of anyone - the latter should stand for him. Thus, one stands and one sits until he enters and sits in his place.
The sons and the students of the sages may jump over the heads of the people to reach their place when their presence is required by the people at large.
It is not praiseworthy for a sage to enter [the house of study] last. If one leaves to tend to his needs, he may return to his place.
The children of the sages who have enough knowledge to listen turn their faces toward their father. If they lack the knowledge to listen, they turn their faces to the people.
Halacha 8
A student who is constantly sitting before his teacher is permitted to rise in his honor only [twice daily,] in the morning and in the evening, so that the honor paid to him does not exceed the honor paid to God.
Halacha 9
We should stand before an old man of exceedingly advanced age, even if he is not a sage. Even a sage who is young is obligated to stand before an old man of exceedingly advanced age. Nevertheless, he need not rise to his full height, and need only show some token of respect.
Even an old gentile should be addressed with words of respect, and a hand should be extended to support him, as [Leviticus 19:32] states: "Stand up before a white-haired [man]." Every white-haired man is included therein.
Halacha 10
Torah sages should not personally take part in any communal work projects - e.g., building, digging, or the like - [to improve] the city, lest they become disgraced in the eyes of the common people.
Money should not be collected from them to pay for building the [city] wall, fixing its gates, its watchmen's wages, and the like. [The same applies regarding] a present to be offered to the king.
Similarly, they are not obligated to pay taxes - neither [their share in] a tax levied on the city as a whole nor a head tax levied on each individual - as [Hoshea 8:10] states: "Although they will give among the nations, now I will gather them; in a little while, they will be released from the burden of the king and his officers."
Similarly, if a Torah sage has merchandise to sell, he is allowed to sell it first, and no other person at the marketplace is allowed to sell until he does. Similarly, if he has a legal matter and stands among many other litigants, he is given priority. [Also,] he is allowed to sit.
Halacha 11
It is a great sin to disgrace Torah sages or to hate them. Jerusalem was not destroyed until [its inhabitants] disgraced its sages, as implied by [II Chronicles 36:16]: "And they would mock the messengers of God, despise His words, and scoff at His prophets" - i.e., they would scorn those who taught His words.
Similarly, the Torah's prophecy [Leviticus 26:16]: "If you despise My statutes" [should be interpreted]: "If you despise the teachers of My statutes." Whoever disgraces the sages has no portion in the world to come and is included in the category: "Those who scorn the word of God" [Numbers 15:31].
Halacha 12
Even though a person who disgraces a Torah sage will not receive a portion in the world to come, if witnesses come [and testify that] he disgraced him, even if only verbally, he is obligated to be placed under a ban of ostracism. This ban is publicly announced by the court. Also, wherever he is located, he is fined a litra of gold, which is given to the sage.
Even one who disgraces a sage after his death is placed under a ban of ostracism by the court. They should release the ban when he repents. In contrast, if the sage is alive, they do not release the ban until he appeases the sage for whose [honor] he was ostracized.
[To protect] his honor, a sage may issue a ban of ostracism against a common person who acted outrageously against him. He does not need witnesses, nor must [the offender] have been warned. The ban is not lifted until he appeases the sage. If the sage dies, three people may come and lift [the ban]. If the sage desires to forgive him and not place him under ban, he is permitted to do so.
Halacha 13
If a teacher placed a person under a ban of ostracism because of his honor, all of his students are obligated to treat the person in the required fashion. However, if a student issued a ban of ostracism because of his honor, his teacher is not obligated to abide by the terms of the ban. Nevertheless, all other people are obligated to do so.
Similarly, when a person is placed under a ban of ostracism because of the nasi, all Jews are obligated to abide by the terms of the ban. However, if a person is placed under a ban of ostracism because of any Jew, the nasi is not obligated to abide by it.
When a person is placed under a ban of ostracism because of his city, other cities must also abide by this ban. However, if he is placed under ban by other cities, his own city need not abide by the ban.
14. When does the above apply? When the ban was imposed because he acted disrespectfully to a Torah sage. However, a person who was placed under a ban of ostracism for another reason for which such a ban may be declared - even if the ban was declared by a person of the lowest stature in Israel - the nasi and all Jews are obligated to abide by the terms of the ban until he repents for the matter for which the ban was imposed, and the ban is lifted.
A ban of ostracism is imposed upon a person - either man or woman - for [the following] 24 reasons:
a) a person who disgraces a sage, even after his passing;
b) a person who embarrasses a messenger of a court;
c) a person who calls a colleague a slave;
d) a person who was ordered [to appear before] a court at a specific time and did not come;
e) a person who treats even one point of Rabbinic law with disrespect; needless to say, this applies regarding [matters of] Torah law;
f) a person who refuses to comply with the decisions [rendered by a court] is placed under ban until he complies;
g) a person who possesses an entity that can cause damage - e.g., a dangerous dog or a faulty ladder - is placed under ban until he removes that entity;
h) a person who sells land to a gentile is placed under ban until he accepts responsibility for any damages which the gentile may cause his Jewish neighbor;
i) a person who testifies against a Jewish colleague in a secular court and causes money which Torah law would not [require him to pay] to be expropriated from him is placed under ban until he repays [that amount];
j) a butcher who is a priest and does not separate the priestly gifts and give them to another priest is placed under ban until he gives them;
k) a person who violates the sanctity of the second day of the festivals in the Diaspora, even though [their observance] is only a custom;
l) a person who performs work on Pesach eve after noon;
m) a person who takes God's name in vain or takes an oath casually;
n) a person who causes the many to desecrate God's name;
o) a person who causes the many to eat sacrificial food outside [its proper place];
p) a person who calculates the years [and declares a leap year] or fixes the day of the new month in the Diaspora;
q) a person who causes the blind [ - i.e., the morally unaware - ] to stumble;
r) a person who prevents the many from performing a mitzvah;
s) a butcher who sold non-kosher meat;
t) a butcher who does not inspect his knife in the presence of a sage;
u) a person who intentionally causes himself to have an erection;
v) a person who divorced his wife, and then entered into a partnership or business dealing with her which requires them to come into contact. When they come to court, they are placed under ban;
w) a sage whose reputation is unsavory;
x) a person who places a person under ban when the latter does not deserve [such punishment];
Commentary Halacha 1
It is a mitzvah to respect - and stand up in deference to him as implied by the verse quoted
every Torah sage - In Sefer HaMitzvot (Positive Commandment 209), the Rambam counts this as one of the Torah's 613 mitzvot. (See also Sefer HaChinuch, Mitzvah 257.)
In the Guide to the Perplexed (Vol. III, Chapter 36), the Rambam explains the motivating principle for this mitzvah: If respect is not shown to the Sages, their teachings will not be upheld and Torah study will be neglected.
even if he is not one's teacher - in which case more severe measures of honor are necessary, as mentioned in the previous chapter.
The Ramah (Yoreh De'ah 244:1) states that this obligation applies only to another sage who surpasses oneself in knowledge.
as [Leviticus 19:32] states: "Stand up before a white-haired [man] and respect an elder." [The word] zakein, [translated as "elder," alludes to the Hebrew words - zeh shekanah chochmah,
meaning] "one who has acquired wisdom" - even if he is young.
The definition of a Torah sage is a matter of question. Kiddushin 49b states:
"On the condition that I am a student" - we do not say that he must be comparable to Shimon ben Azzai or Shimon ben Zoma. Rather, anyone who can be asked about any matter in the area where he is studying and can reply...
"On the condition that I am a wise man" - we do not say that he has to be like the Sages of Yavneh....Rather, anyone who can be asked about any Torah subject and can reply...
The Rambam quotes this statement in Hilchot Ishut. Nevertheless, since he does not specify such a definition here, in Hilchot Talmud Torah, one may therefore assume that in this context, he does not limit himself to that definition. The Siftei Cohen (Yoreh De'ah 244:2) addresses himself to this issue and explains that here we are referring to a Torah sage who possesses a prodigious amount of knowledge and is considered unique within his community.
When is one obligated to stand before him? When he approaches within four cubits of him - Kiddushin 33a states that once the sage comes this close, standing before him can easily be appreciated as a sign of respect. Note the contrast between this halachah and the measure of respect due one's own teacher, as mentioned in Chapter 5, Halachah 7.
until he passes him. - However, once he passes, one may sit, in contrast to the requirement regarding one's teacher mentioned in the previous halachah.
Commentary Halacha 2
One should not stand before [a sage] in a bathhouse - i.e., in the inner rooms where people stand undressed. The general principle followed is: in the places where it is permitted to recite words of Torah, one must honor a sage; where one may not recite words of Torah, one should not honor a sage (Kessef Mishneh).
or toilet, for it is stated [ibid.]: "Stand up...and respect..." [implying] standing up that conveys respect. - This law is not mentioned with regard to one's own teacher, since, as stated in Chapter 5, Halachah 6, one may not enter a bathhouse together with one's teacher (Rav Kapach).
Craftsmen are not obligated to stand before the Torah Sages while they are involved in their work - The commentaries disagree whether a craftsman may interrupt his work to show a sage this token of respect or not. The Kessef Mishneh states that a craftsman is permitted to do so, and rules accordingly in the Shulchan Aruch (Yoreh De'ah 244:5). In contrast, Rabbenu Nissim (Chulin 54b) maintains that a craftsman is not permitted to stand, because the general impression that will be created - i.e., some craftsmen standing in honor of the sage and some not - will not be favorable.
This difference of opinion exists only with regard to craftsmen working independently. All authorities agree that a craftsman hired by others may not stand. His time is not his own, and by standing, he steals time from his employer.
for it is stated: "Stand up...and respect...." [It can be inferred that] just as showing respect does not involve a financial loss, standing need not involve a financial loss. - The Lechem Mishneh objects to these statements, noting that the Rambam's phraseology is not an exact quote from Kiddushin 33a, which is his source. Nevertheless, it can be explained that the Rambam is not quoting that Talmudic passage, but rather explaining a concept that can be inferred from it.
What is the source [which teaches that] a person should not divert his eyes from the sage so that he will not see him, lest he be required to stand before him? - Kiddushin (ibid.) states that we would not suspect that a person would fail to honor a sage when the latter is actually in proximity to him. Rather, this implies that it is forbidden for one to turn away when he sees the sage approaching from afar, so that when the latter approaches, he will not be obligated to stand.
It is written [ibid.], "and you shall fear your God." With regard to all matters dependent on one's conscience, the Torah states: "and you shall fear your God" - who probes man's heart and understands his inner feelings.
Commentary Halacha 3
It is not proper for a sage to trouble the people and position himself before them so that they will have to stand for him. - Kiddushin 33b derives this concept through the exegesis of the verse from Leviticus quoted above.
Rather, he should take shortcuts and have the intent that they should not see him, so that he will not trouble them to stand. - Kiddushin 33a promises a sage long life for following this practice.
The Sages would take circular routes through the outskirts [of their cities], where people who recognize them would not be found, in order not to trouble them. - Kiddushin (ibid.) mentions that Abbaye and Rabbi Zeira would follow this practice.
The Bnei Binyamin notes an apparent contradiction between the Rambam's statements and BaMidbar Rabbah 15:17. There, the Midrash relates that Rav Abba Cohen would always avoid crowds, lest he trouble them by causing them to rise. When he mentioned this to Rabbi Yosse, the son of Rabbi Zevida, the latter reprimanded him, explaining that he would be doing them a great favor by having them stand before him, because this would lead to the fear of God, as implied by Leviticus (ibid.): "Stand up before a white-haired [man]...and you shall fear your God."
The Bnei Binyamin explains that everything depends on the sage's intention. A righteous man who is not at all motivated by self-interest may appear before crowds. However, a person who is concerned with his own pride should avoid them.
Commentary Halacha 4
In this context...
Riding is considered to be walking. - i.e., we do not say that since the sage is seated on his beast, it is not considered as if he is walking. However, in other contexts - see Hilchot Kri'at Shema 2:2-3 - the Rambam considers riding as comparable to sitting.
Just as one stands before [a sage who is] walking, so one should stand before one who is riding. - Kiddushin 33a relates that Abbaye would stand as soon as he saw the donkey of Rav Yosef, his teacher, approach.
Commentary Halacha 5
When three people are journeying [together] - This addition was made on the basis of the Hagahot Maimoniot, who maintains that this law does not apply when each individual is journeying separately, involved in his own affairs.
the master should walk in the center, the [student of] greater [stature] - should follow slightly behind him...
on his right - However, one who walks alongside his teacher is considered a boor (Yoma 37a; see Kessef Mishneh and also Chapter 5, Halachah 6 above).
and the one of lesser [stature] - should follow the sage...
on his left. - Yoma (ibid.) derives this formation from the pattern in which the angels who visited Abraham (Genesis, Chapter 18) walked. This formation was also employed by the High Priest and his subordinates when he would serve in the Temple.
The Pri Chadash and other commentaries question the Kessef Mishneh's interpretation. One point of difficulty with the halachah in general is that it appears to refer to one's personal teacher, and thus it would more appropriately have been mentioned in the previous chapter.
Commentary Halacha 6
One who sees a sage need not stand in deference to him until he reaches within four cubits of him; once he has passed, he may sit. - This halachah in its entirety is quoted from the Midrash Hagadol, Shemot 33:8. (With slight textual differences, it also appears in Kiddushin 33b.) Nevertheless, the question arises: Why does the Rambam mention this particular clause? It appears redundant in light of Halachah 1. Perhaps his intent was to emphasize the contrast between an ordinary Sage and others of greater stature.
Should one see the av beit din - The sage second in stature to the nasi, and who acts as the latter's assistant (Hilchot Sanhedrin 1:3).
The laws regarding a nasi and an av beit din are also quoted in the Shulchan Aruch (Yoreh De'ah 244:13-15), which, in contrast to the Mishneh Torah, mentions only those halachot that are applicable in the present age. The Siftei Cohen (244:11) questions that inclusion, noting that today's rashei yeshivot and avot batei hadin are not paid the same tokens of respect as the nasi and av beit din mentioned here.
one should stand in deference to him from the time he sees him - the av beit din
as far away as he can see. - i.e., as soon as the av beit din appears on the horizon
He may not sit until he has passed four cubits beyond him. - at which point, he may sit.
Should one see the nasi - In Hilchot Sanhedrin (ibid.), the Rambam describes this position as follows:
The wisest sage among them is appointed to be the head. He is the Rosh Yeshivah. He is the person whom the Sages referred to as nasi in all the sources, taking the place of Moses, our teacher.
one should stand in deference to him from the time he sees him - as far away as he can see. - as explained with regard to the av beit din.
He may not sit until he has reached his place or passed [beyond his field of vision] and is hidden. - Kiddushin (ibid.) derives this from Exodus 33:8, which relates that:
Whenever Moses went out to the tent, all the people would rise. Each person would stand near his tent, gazing at Moses until he came to the tent.
Should a nasi [desire to] waive the honor due him, he may forgo it. - i.e., although people are obligated to honor the nasi, should he desire to forgo those honors, there is no objection. In contrast, a king may never forgo his honor and must constantly be treated with reverence. (See Hilchot Melachim 2:3.)
Kiddushin 32b relates the following discussion of this law:
An incident occurred when Rabbi Eliezer, Rabbi Yehoshua, and Rabbi Tzadok were participating in the wedding feast of Rabban Gamliel's son, and Rabban Gamliel poured drinks for them. He offered a cup to Rabbi Eliezer, and he refused to accept it. He offered a cup to Rabbi Yehoshua and he accepted it.
Rabbi Eliezer told him: "Yehoshua, what is this? We are sitting and Rabban Gamliel is pouring drinks for us!"
He replied to him: "We find [a precedent when] a person of greater stature served others. Abraham surpassed all others in his generation, yet [Genesis 18:8] relates that 'he stood over them [to serve them']. Do not think that he thought they were angels; he thought they were Arabs. If so, why shouldn't we let Rabban Gamliel serve us?"
The above laws refer to instances when a sage is sighted in the public thoroughfare. The following laws apply when he enters the house of study (Hagahot Maimoniot). (See Horayot 13b.)
When the nasi enters - the house of study
all the people should stand. - as a sign of respect to him.
They may not sit until he tells them to. - for he is the spiritual leader of the entire nation and deserves such honor.
When the av beit din enters - the house of study
two rows are opened for him - At present, when we are used to auditoriums with fixed seats, the setting for this law is difficult to picture. However, in Talmudic times, the people would sit on the floor. When the av beit din arrived, the people sitting between the entrance and his place would stand and create a path for him two rows wide.
and the people stand on either side until he enters and sits in his place. The other people - in the house of study are not obligated to rise as a sign of respect and may...
remain seated in their places. - On the surface, it is difficult to understand why the av beit din is given lesser honor in the house of study than in the marketplace. Perhaps the reason is to minimize the neglect of Torah study.
Horayot 13b relates that, originally, the people would show the same token of respect to the av beit din and other sages as to the nasi. In order to preserve the authority of his office, Rabbi Shimon ben Gamliel, the nasi, ordained that a lesser degree of respect be shown to all other sages.
Commentary Halacha 7
When a sage - of lesser stature than those mentioned in the previous halachah...
enters - the house of study, a path is not made for him. Rather, he should proceed toward his place...
when he approaches within four cubits - Avodat HaMelech notes that this figure is not found in Horayot 13b, the source for this law. Rather, it was added by the Rambam, based on the logic that no less respect should be paid to a sage when he enters the house of study than is paid to him in the marketplace.
of anyone - sitting in the house of study,...
the latter should stand for him - and allow him to pass.
Thus, one - person sitting in the house of study
stands - to allow the sage to pass
and one sits - after he has passed
until he - the Sage
enters and sits in his place.
The sons and the students of the sages may jump over the heads of the people to reach their place when their presence is required by the people at large. - i.e., there are many students whose presence is an invaluable asset to their teacher, for through their questions they enable their teacher to penetrate to the core of the subject matter. Therefore, they are allowed to proceed to their places at the front of the house of study, even if doing so is somewhat discourteous to the people who have already taken places.
In this vein, Yevamot 105b states: Those who are required by the holy nation may step over the heads of the holy nation. However, how dare one who is not required by the holy nation step over the heads of the holy nation!
It is not praiseworthy for a sage - Indeed, Berachot 43b lists this as one of six undesirable tendencies that a sage should guard himself against acquiring.
to enter [the house of study] last. - doing so is considered an act of laziness, which causes unnecessary difficulty to the people sitting there.
If one leaves to tend to his needs - i.e., to use the toilet (Horayot ibid.). Alternatively, the term litzorech can be translated as "for a necessary purpose" - i.e., for a purpose that benefits the people at large (Tosafot, Yevamot 105b).
he may return to his place. - Forcing the people to stand for him a second time, or the sage's stepping over them is not considered to be discourteous, since he was compelled to leave by forces beyond his control. However, if he leaves for other reasons, he should try not to return to his original place.
The children of the sages who - are not mature enough to merit a distinguished position in the house of study in their own right are allowed to sit before their parents as a gesture of respect to the high communal position the latter have attained (Rashi, Horayot 13b). If they...
have enough knowledge to listen turn their faces toward their father. If they lack the knowledge to listen, they turn their faces to the people. - Horayot (ibid.) states that the children are allowed this privilege only during their father's lifetime, but not afterwards.
Commentary Halacha 8
A student who is constantly - Avodat HaMelech notes that the latter word is the Rambam's addition to this teaching quoted from Kiddushin 33b. The addition implies that this restriction applies only to those students who are constantly in attendance at the house of study. In contrast, those who come from time to time must stand as often as necessary. (See also Tosafot, Kiddushin, ibid.)
sitting before his teacher - in the house of study. In contrast, if a student sees his teacher in the marketplace, he is obligated to show him respect at every opportunity, lest others consider him to be disrespectful to his teacher (Kessef Mishneh).
is permitted - Tosafot (ibid.) notes that the expression eino rashei can be rendered "is not obligated," and suggests that meaning in this context. However, since rising more frequently can be construed to be an affront to God, it is questionable whether that interpretation can be accepted.
to rise in his honor only [twice daily,] in the morning and in the evening, so that the honor paid to him - the teacher
does not exceed the honor paid to God. - i.e., twice daily we accept the yoke of God's service by reciting the Shema (Kessef Mishneh).
Commentary Halacha 9
We should stand before an old man of exceedingly advanced age - The Shulchan Aruch (Yoreh De'ah 244:1) explains this as referring to a man of seventy. Others, emphasizing that the Rambam uses the term "exceedingly advanced age," see that as a reference to Gittin 28a, which describes a person ninety years old with such terminology.
even if he is not a sage. - The Ramah (Yoreh De'ah 244:1) emphasizes that there is no obligation to stand before a wicked man.
The commentaries have raised questions concerning this law, noting that it reflects a difference of opinion between two Talmudic sages, and yet the Rambam's statements do not conform exactly to either position.
Kiddushin 32b states:
"Stand up before a white-haired [man]." Does this apply even with regard to a common person of advanced age? The Torah continues [mentioning] "an elder." [The term] "elder" refers only to a wise man, as implied by [Numbers 11:16]: "Assemble seventy of Israel's elders."
Rabbi Yosse Hag'lili states: [The word] "elder" means "one who has acquired wisdom..."
Issi ben Yehudah states: "Stand up before a white-haired [man]" - Every white-haired man is included therein.
The Talmud explains that although the first opinion is similar to that of Rabbi Yosse Hag'lili, there are minor differences between them.
From the Rambam's statements in Halachah 1, it would appear that he follows Rabbi Yosse Hag'lili's position. However, this halachah appears to echo Issi ben Yehudah's view.
Even a sage who is young is obligated to stand before an old man of exceedingly advanced age. Nevertheless, he - i.e., the sage of youthful age
need not rise to his full height, and need only show some token of respect. - However, anyone other than a sage is obligated to rise to his full height (Tur, Yoreh De'ah, 244).
Even an old gentile - Kiddushin 33a relates that Rabbi Yochanan would stand in deference to an aged gentile, explaining: "How many experiences has he gone through!"
should be addressed with words of respect - Kiddushin (ibid.) notes that Rabbah would follow this practice.
and a hand should be extended to support him - Kiddushin (ibid.) notes that Abbaye would follow this practice.
as [Leviticus 19:32] states: "Stand up before a white-haired [man]." Every white-haired man is included therein. - The commentaries question: If, in fact, the verse refers even to gentiles, and Rabbi Yochanan would follow such a practice, why doesn't the Rambam obligate standing in the presence of an aged gentile?
Commentary Halacha 10
Torah sages should not personally take part - However, the sages must bear their share of the cost of such projects (Hilchot Sh'chenim 6:6). The Shulchan Aruch (Yoreh De'ah 243:1-2) adds that they are obligated to pay only the cost of the raw materials. They need not hire workers to take their place. This applies only when the work is performed by the members of the community. However, if workers are hired by the community to complete the task, the sages must also pay their share.
in any communal work projects - e.g., building, digging, or the like - [to improve] the city - In Hilchot Sh'chenim (6:6-7), the Rambam gives some examples of such projects: fixing roads and thoroughfares and digging irrigation channels.
lest they become disgraced in the eyes of the common people. - Bava Batra 8a explains that if the common people see the sages performing menial tasks, they might cease to respect them.
Money should not be collected from them to pay for building the [city] wall, fixing its gates, its watchmen's wages, and the like. - In Hilchot Sh'chenim (ibid.), the Rambam explains the rationale for this law. Torah sages are freed from any obligation incurred to ensure the city's protection, because they are protected by the merit of their study.
[The same applies regarding] a present to be offered to the king. - The order in which this law is taught is somewhat questionable. Bava Batra 8a, the source for these laws, mentions a sage's lack of obligation to contribute to a present for the king as part of his absolution from taxes, and not as a leniency granted to him because "his Torah protects him."
Similarly, they are not obligated to pay taxes - neither [their share in] a tax levied on the city as a whole nor a head tax levied on each individual - Bava Batra (ibid.) also mentions that Artashta, the Persian king who sent Ezra to rebuild Jerusalem, freed all those involved in this holy work from all forms of taxes and tribute. (See Ezra 7:24.)
The Ramah (Yoreh De'ah 243:2) states that even if the gentile government levies taxes on a Torah sage, the community is obligated to pay the tax on his behalf.
The commentaries question whether there are sages today who are worthy of these benefits. The Shulchan Aruch (Yoreh De'ah 243:2) explains that these privileges should be extended only to those sages who devote the majority of their time to Torah study and limit their business involvement to the minimum necessary to earn a livelihood. Other authorities have voiced other opinions, some stricter and some more lenient. (See Siftei Cohen, Yoreh De'ah 243:7; Choshen Mishpat 163:14.)
as [Hoshea 8:10] states: "Although they will give among the nations - an allusion to the payment of taxes
now I will gather them; in a little while, they will be released - an allusion to the sages' exemption
from the burden of the king and his officers." - Rav Kapach notes that in the original, there is no vav before the word ????. However, the quotation of the verse in Bava Batra (ibid.) does include one.
Similarly, if a Torah sage has merchandise to sell, he is allowed to sell it first, and no other person at the marketplace is allowed to sell until he does. - Although the Rambam harshly forbade a Torah sage from taking money from charity because of his knowledge (see Chapter 1, Halachah 7 and Chapter 3, Halachah 10), he allows a sage these privileges in earning his livelihood.
The Shulchan Aruch (Yoreh De'ah 243:4) states that this law applies only when the market is controlled by Jews. However, if there are gentiles who will sell their goods regardless, the other Jewish merchants are not obligated to risk suffering a loss.
Similarly, if he has a legal matter - i.e., a case to be tried at court
and stands among many other litigants, he is given priority. - Sh'vuot 30a relates:
Rav Olah, the son of Rav Ellai, was involved in a judgment before Rav Nachman. Rav Yosef sent [Rav Nachman a message:] "Olah is our colleague in Torah and mitzvot."
Rav Nachman said: "Why did he send this [notice] to me? To curry favor before me." Afterwards, he said: "[His purpose was] so that I try his case first."
Tosafot questions this teaching, noting that there is a positive commandment to try every case in the order that it comes before the court. Two resolutions are offered:
a) If both cases come to the court at the same time, the court should try the case of the sage first;
b) The positive commandment to honor a sage overrides this positive commandment. Hence, the sage's case is tried first, even if it came before the court later.
The Tur and the Shulchan Aruch (Choshen Mishpat 15:1) accept the latter position. (See also Hilchot Sanhedrin 21:6.)
[Also,] he is allowed to sit. - Sh'vuot (ibid.) states: 'And the two men shall stand' (Deuteronomy 19:17): it is a mitzvah for the litigants to stand." Nevertheless, as a token of respect for the sage, he is invited to sit.
The same privilege is also granted to the litigant opposing him, because otherwise, this gesture would be considered to be an unfair advantage granted to the sage. It is worthwhile to note that in Hilchot Sanhedrin 21:5, the Rambam writes that, at present, it is customary to seat all litigants, "for we do not have the potential to carry out the judgments of the Torah in the proper way." These laws are quoted in the Shulchan Aruch, Choshen Mishpat 17:2-3.
Commentary Halacha 11
It is a great sin to disgrace Torah sages or to hate them. - Sanhedrin 99b equates such sinners with epikorsim - total unbelievers.
Shabbat 119b relates:
Jerusalem was not destroyed - This refers to the destruction of the city by the Babylonians.
until [its inhabitants] disgraced its sages, as implied by [II Chronicles 36:16]: "And they would mock the messengers of God, despise His words, and scoff at His prophets" - i.e., they would scorn those who taught His words. - although the teaching is quoted from the Talmud, the Talmud does not itself define which of the verse's clauses refers to the disgrace heaped upon the sages. It is interesting to note that the Rambam's interpretation differs from that of Rashi - who equates the Sages with "His prophets" - and of the Maharsha, who interprets "the messengers of God" as the reference to the Sages. (See also Guide to the Perplexed, Vol. II, Chapter 42 and Lechem Mishneh.)
Similarly, the Torah's prophecy [Leviticus 26:16]: "If you despise My statutes" - which precedes the list of curses to befall the Jews
[should be interpreted]: "If you despise the teachers of My statutes." - See Sifra, Bechukotai.
Whoever disgraces the sages has no portion in the world to come and is included in the category: "Those who scorn the word of God" [Numbers 15:31]. - In Hilchot Teshuvah 3:14, the Rambam mentions the sin of disgracing the sages in a list of transgressions concerning which he writes: "a person who frequently commits these sins will not receive a portion in the world to come."
Commentary Halacha 12
Even though a person who disgraces a Torah sage will not receive a portion in the world to come - i.e., even though, as stated in the previous halachah, a person who disgraces a sage will receive the ultimate punishment after his death, he is also subject to punishment in this world.
if witnesses come [and testify - The Siftei Cohen, Yoreh De'ah 334:96, states that proper witnesses are not required, and even the testimony of women or slaves may be accepted.
that] he disgraced him, even if only verbally, he is placed under a ban of ostracism. - The details of this ban are discussed in the following chapter - in particular, in Halachah 4 there.
An example of a sage placing individuals under such a ban for embarrasing a sage can be found in Mo'ed Katan 16a.
This ban is publicly announced by the court. - The Beit Yosef, Yoreh De'ah 243, cites an example of the public announcement of such a ban from Kiddushin 70a. However, the section he quotes is not mentioned in our text of the Talmud.
Also, wherever he is located, he is fined a litra - a Talmudic measure equal to approximately 168 grams...
of gold which is given to the sage. - Hilchot Chovel UMazik 3:5-6 relates:
One who embarrasses a sage is obligated to pay him the full extent of the damages even though he embarrassed him only verbally.
The decision has already been rendered that whoever embarrasses a sage - even with words alone - is fined...eight and three quarter sela'im of gold.
It is an accepted tradition that this fine is collected everywhere, whether in Eretz Yisrael or in the Diaspora. Decisions of this nature were frequently rendered before us in Spain. Some sages would forgo payment, and that is commendable. Others would demand payment, but accept a compromise. However, the judges would tell the person who caused the embarrassment: "you are obligated to give him a litra of gold."
The Ramah (Yoreh De'ah 243:7) states that, at present, there are no sages whose stature is that great that they are to be awarded "a litra of gold," if they are publicly shamed. However, a person who embarrasses a sage is obligated to pay damages.
This is the general opinion of most authorities at present. However, in the generations before the Ramah - and in certain communities, even after his decision - this fine was, in fact, imposed if someone publicly embarrassed a sage.
Even - The use of this term implies that this is a lesser transgression than embarrassing a sage in his lifetime (Rivash, Responsum 120).
one who disgraces a sage after his death is placed under a ban of ostracism by the court. - Eduyot 5:6 relates that the court imposed such a ban when someone made disparaging remarks about the sages Shemayah and Avtalion. (See also Berachot 19a.)
They should release the ban when he repents.
In contrast, if the sage is alive, they do not release the ban until he appeases the sage for whose [honor] he was ostracized. - The Kessef Mishneh notes that the Rambam's statements appears to imply that the ban is not lifted until the offender actually appeases the sage. He questions that decision, since it is possible that even though the offender genuinely asks for forgiveness, the sage will refuse to grant it.
Note Hilchot De'ot 6:6 and Hilchot Teshuvah 2:10, which advise a person who has been wronged to be generous and forgive the offender for his actions.
[To protect] his honor, a sage may - act on his own initiative, without bringing the matter to a court...
issue a ban of ostracism against a common person - The Kessef Mishneh states that this expression implies that although a sage can be placed under ban for embarrassing a sage of greater stature, that ban may not be issued by the sage alone, and can be put into effect only by a Rabbinic court. Nevertheless, he postulates that if the sage who was embarrassed is of far greater stature than the sage who made the insult, the former is allowed to issue the ban himself, without a court.
who acted outrageously - See Kiddushin 70a
against him. - The Ramah (Yoreh De'ah 243:8) mentions a difference of opinion whether, at present, there are sages of the stature that allows them to issue a ban of ostracism without taking the matter to court. See also Pitchei Teshuvah 243:7.
He does not need witnesses, nor must [the offender] have been warned - i.e., the ban may be imposed without following the standard judicial process.
The ban is not lifted until he appeases the sage. - See note above.
If the sage dies, three people - even individuals who are not sages worthy of sitting on a Rabbinic court (Chapter 7, Halachah 7)
may come and lift [the ban]. - The Rambam does not require him to ask forgiveness from the sage (see Hilchot Teshuvah 2:11) or repent. Perhaps this leniency is granted because the ban was imposed by the sage himself and not by an objective court.
If the sage desires to forgive him - Note Chapter 7, Halachah 13, which explains that this is the general practice of Torah sages, who are willing to forgo insults to them. However, that halachah specifies that such leniency can be granted only when the insult was made in private. If the sage was publicly disgraced, disciplinary action must be taken, or else the honor of the Torah would suffer.
and not place him under ban, he is permitted to do so. - The Mishneh LaMelech notes that this leniency is granted only regarding matters between man and man. If a person is obligated to be placed under a ban of ostracism for matters between man and God - e.g., uttering God's name in vain - the ban must be put into effect even though the individual repents. (See also Tosafot, Yevamot 22b.)
Commentary Halacha 13
If a teacher placed a person under a ban of ostracism because of his honor - i.e., the case was not tried in court, but the teacher issued the ban of ostracism on his own initiative, as mentioned in the previous halachah.
all of his students - for they are obligated to protect his honor...
are obligated to treat the person in the required fashion - described in Chapter 7, Halachah 4. The Beit Yosef (Yoreh De'ah 334) maintains that one can infer from the Rambam's words that the ban need not be observed by the other sages, even those of lesser stature than the teacher, who are not his students.
However, if a student issued a ban of ostracism because of his honor, his teacher - is not obligated to honor his student to this extent. Hence, he...
is not obligated to abide by the terms of the ban. Nevertheless, all other people - of a lesser Torah stature (Beit Yosef, Yoreh De'ah 334)
are obligated to do so. - As mentioned in the following halachah, this applies only when the student imposed the ban to protect his honor. If he imposed the ban because the person violated a prohibition, his teacher would be obligated to observe it.
Similarly, when a person is placed under a ban of ostracism because of - an affront to the honor of...
the nasi - whom all Israel are obligated to honor. This law is also quoted by the Shulchan Aruch, Yoreh De'ah 334:21. Note the commentary on Halachah 6, which questions the applicability of the term nasi within the context of our present-day experience.
all Jews are obligated to abide by the terms of the ban - for all Israel are required to honor him.
However, if a person is placed under a ban of ostracism because of any Jew - this also refers to a ban imposed only because of an affront to the person's honor
the nasi is not obligated to abide by it - for he is not obligated to honor others to this degree. In this case as well, were the ban imposed for other reasons, the nasi would be bound by it.
When a person is placed under a ban of ostracism because of - an affront to the honor of...
his city, other cities must also abide by this ban. - The Beit Yosef and the Ramah (Yoreh De'ah 334:20) maintain that even a city whose Torah stature exceeds that of the city which issued the ban is obligated to abide by it.
However, if he is placed under ban by other cities - because he treated them disrespectfully
his own city need not abide by the ban - but other cities of lesser Torah stature are required to observe it (Ramah, ibid.).
Commentary Halacha 14
When does the above - leniency that frees certain people from abiding by the requirements of the ban of ostracism
apply? When the ban was imposed because he acted disrespectfully - The Hagahot Maimoniot notes that a ban can be imposed only because of disrespectful behavior. However, this punishment may not be administered for failing to honor the sage.
to a Torah sage. - Many commentaries have noted the difficulty in the Rambam's words. This statement implies that there is a certain leniency with regard to a ban imposed because of the embarrassment of a Torah sage. However, the first of the 24 reasons the Rambam lists for imposing a ban of ostracism that must be observed by every Jew is disgracing a Torah sage. (See Avodat Hamelech.)
Among the resolutions of the difficulty offered is that there is a difference between a ban imposed by a court according to Torah law and a ban issued by a sage individually to protect his own honor.
However, a person who was placed under a ban of ostracism for another reason for which such a ban may be declared - as are enumerated below
even if the ban was declared by a person of the lowest stature in Israel - the nasi and all Jews are obligated to abide by the terms of the ban - Mo'ed Katan 17a relates that Rabbi Yehudah HaNasi's maidservant declared a ban of ostracism on a person, and the entire Jewish people observed that ban for three years.
until he repents for the matter for which the ban was imposed and the ban is lifted. - See Chapter 7, Halachah 7.
A ban of ostracism is imposed upon a person - either man or woman - Most of the instances where the Talmud mentions a ban of ostracism concern men. However, a number of cases (see Rosh HaShanah 31b, Mo'ed Katan 16b, and Nedarim 7b and 50b) also involve women.
for [the following] 24 reasons: - Berachot 19a mentions that this is the number of reasons for which a person can be placed under ban, but explains only several of these twenty-four reasons. A significant number of reasons are also mentioned in the Jerusalem Talmud (Mo'ed Katan 3:1); however, the majority of the reasons mentioned by the Rambam below were gathered by him from many different passages throughout the Talmud.
a) a person who disgraces a sage - as explained above
even after his passing - Berachot 19a relates that a ban was imposed on a person for disgracing the sages Shemayah and Avtalion, even after their passing.
b) a person who embarrasses a messenger of a court - Kiddushin 70b relates that Rav would impose a ban of ostracism for this reason.
c) a person who calls a colleague a slave - See Kiddushin 28a.
d) a person who was ordered [to appear before] a court at a specific time and did not come - See Bava Kama 112b and also Hilchot Sanhedrin 25:8.
e) a person who treats even one point of Rabbinic law with disrespect - Eduyot 5:6 relates that Eliezer ben Chanoch was placed under ban for raising difficulties regarding the practice of washing one's hands, a Rabbinic ordinance.
needless to say, this applies regarding [matters of] Torah law - The Kessef Mishneh notes that the Rambam uses the expression, "treats with disrespect." If a person transgresses a command, he is punished by other means. However, ostracism is imposed for causing others to view a Torah or Rabbinic law disparagingly.
f) a person who refuses to comply with the decisions [rendered by a court] is placed under ban until he complies - Bava Kama 113a serves as the source for this law. Note the slight difference between the Rambam's statements here and those in Hilchot Sanhedrin ibid.
g) a person who possesses an entity that can cause damage - e.g., a dangerous dog or a faulty ladder - is placed under ban until he removes that entity - This concept, with these two examples, is quoted from Bava Kama 15b.
h) a person who sells land to a gentile is placed under ban until he accepts responsibility for any damages which the gentile may cause his Jewish neighbor - Bava Kama 112a mentions this point.
Tosafot postulates that this restriction applies only when a Jewish colleague is prepared to pay the same amount as the gentile. However, if the gentile offers more than the Jew, the owner is not liable to sustain the loss. However, in Hilchot Sh'chenim 12:7, where the Rambam quotes this law, he does not make such a provision. Furthermore, in several of his responsa, he forbids selling property that borders on the property of a fellow Jew to a gentile, even when substantial losses are involved (Rav Kapach).
i) a person who testifies against a Jewish colleague in a secular court and causes money which Torah law would not [require him to pay] to be expropriated from him is placed under ban until he repays [that amount] - See Bava Kama 113b. In Hilchot Sanhedrin 26:7, the Rambam writes:
Whoever has his case judged by gentile judges and courts...is wicked and is considered as if he cursed...the Torah of Moses....
If gentiles rule his society and his fellow litigant is strong-willed, and it is thus impossible to collect [one's due] from him according to Jewish law, he should call him to a Jewish court first. If he refuses to come, he should receive the court's permission to preserve his property through secular law.
j) a butcher who is a priest - but not a priest who slaughters for his personal use (Hilchot Bikkurim 9:8)
and does not separate the priestly gifts - the foreleg, jaw, and the maw, which must be given to a priest from every animal slaughtered. (See Deuteronomy 18:3; Hilchot Bikkurim, Chapter 9.)
and give them to another priest is placed under ban until he gives them - Chulin 132b
k) a person who violates the sanctity of the second day of the festivals in the Diaspora - See Pesachim 52a.
even though [their observance] is only a custom - The Or Sameach explains that the Rambam added this clause because he had already stated that a person who disgraces a Rabbinic ordinance is liable to be banned. Hence, he clarifies that, at present, since we use a fixed calendar, the observance of the second day of the festivals is no longer considered to be a Rabbinic decree and is only a custom. (See Hilchot Sh'vitat Yom Tov 6:14.)
l) a person who performs work on Pesach eve after noon - Pesach eve is singled out because the Paschal sacrifice was offered at that time. (See Pesachim 50b; Hilchot Sh'vitat Yom Tov 8:17.)
m) a person who takes God's name in vain or takes an oath casually - See Nedarim 7b; Hilchot Sh'vuot 12:9.
n) a person who causes the many to desecrate God's name - This is derived from the Jerusalem Talmud (Mo'ed Katan 3:1), which quotes how, in a time of drought, Choni HaM'agel drew a circle on the ground and called out to God: "I will not move from here until You provide rain."
Shimon ben Shetach told Choni that his act warranted ostracism, because if God had not answered his prayers, many of the people would have lost faith. Nevertheless, Shimon ben Shetach did not enforce that punishment after he saw how God answered Choni's prayers.
o) a person who causes the many to eat sacrificial food outside [its proper place] - Berachot 19a relates how Todus of Rome instituted the custom of roasting lambs on Pesach eve in a manner similar to the Paschal sacrifice. The sages told him that, were it not for his other personal qualities, he would have been placed under ban, for it is possible that someone would actually consider his lamb as a Paschal sacrifice.
p) a person who calculates the years [and declares a leap year] or fixes the day of the new month in the Diaspora - Berachot 63a relates that Isaiah 2:3: "Out of Zion will come forth the Torah..." implies that the above decisions must be made in Eretz Yisrael, and prescribes this punishment for someone who makes them in the Diaspora.
q) a person who causes the blind [ - i.e., the morally unaware - ] - Note the commentaries to Leviticus 19:14 and also Sefer Hachinuch (Mitzvah 232).
to stumble - Mo'ed Katan 17a relates that Rabbi Yehudah HaNasi's maidservant issued a ban of ostracism on a father who physically beat his son after the latter had reached adulthood. By doing so, he was goading his son into rebelling against his father. This ban was respected by all the sages.
r) a person who prevents the many from performing a mitzvah - See the Jerusalem Talmud, Mo'ed Katan 3:1. See also Hilchot Teshuvah 4:1.
s) a butcher who sold non-kosher meat - The Kessef Mishneh quotes Sanhedrin 25a as teaching that Rav Nachman administered such a punishment. However, in our texts of the Talmud, that passage does not mention ostracism specifically.
t) a butcher who does not inspect his knife in the presence of a sage - See Chullin 18a. In Hilchot Shechitah 1:26, the Rambam states that this halachah applies even if later the knife was inspected and found to be kosher. The Kessef Mishneh notes that leniency is taken in this matter, because it has become customary for ritual slaughter to be performed only by experts. (See Tur, Yoreh De'ah 18.)
u) a person who intentionally causes himself to have an erection - Niddah 13b; for by doing so, he leads himself to immodest thoughts, at the very least. (See also Hilchot Issurei Bi'ah 21:18.)
v) a person who divorced his wife, and then entered into a partnership or business dealing with her which requires them to come into contact. When they come to court, they are placed under ban - After divorce, a couple should have as little contact together as possible, lest the familiarity they previously enjoyed lead them to sexual behavior outside the bounds of marriage. (See also Hilchot Issurei Bi'ah 21:27.)
w) a sage whose reputation is unsavory - Mo'ed Katan 17a relates how Rabbi Yehudah passed a ban of ostracism on a sage for this reason.
x) a person who places a person under ban when the latter does not deserve [such punishment] - Mo'ed Katan 17a relates the following episode: Resh Lakish was employed as a watchman and noticed a thief. Although he shouted at him, the thief did not stop. Therefore, Resh Lakish proclaimed: "You are under a ban of ostracism."
The thief replied: "Although I am obligated to repay him, I am not obligated to be ostracized. You should be ostracized."
When the matter was related in the House of Study, the sages stated that Resh Lakish's ban was not justified, but the thief's was.
The Ra'avad and other commentators mention other acts in which a ban of ostracism is in order. Indeed, in a number of cases (e.g., Hilchot Gerushin 13:20), the Rambam himself mentions this punishment. The commentaries explain that the Rambam limits himself to 24 instances, because that is the figure mentioned in the Talmud. However, these can be considered to be general categories including other instances as well.
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Rambam:
• 3 Chapters a Day: Milah - Chapter Two, Milah - Chapter Three, Order of Prayers - The Order of Prayer for the Entire Year
Milah - Chapter Two
Halacha 1
Circumcision may be performed by anyone. Even a person who is himself not circumcised, a slave, a woman, or a minor may perform the circumcision, if an adult male is not present. A gentile, however, should not be allowed to perform the circumcision at all. Nevertheless, if he does so, there is no need for a second circumcision.
Any utensil may be used for circumcision, even a flint, glass, or any article that cuts. One should not circumcise with the sharpened side of a reed, because of the danger involved. The optimum manner of performing the mitzvah is to use an iron utensil - either scissors or a knife. Throughout the Jewish community, it has become customary to use a knife.
Halacha 2
How is the circumcision performed? The foreskin that covers the crown of the penis is cut off until the entire crown is revealed. [This step is referred to as milah.]
Afterwards, the soft membrane that is beneath the skin should be split along the mid-line with one's nails and peeled back to either side until the flesh of the crown is revealed. [This step is referred to as pri'ah.]
Afterwards, one should suck the place of the circumcision until all the blood in the further reaches is extracted, lest a dangerous situation arise. [This step is referred to as metzitzah.] Any [mohel] who does not perform metzitzah should be removed from his position. After one has performed metzitzah, one should apply a bandage, a compress, or the like.
Halacha 3
There are strands of flesh that disqualify a circumcision [if they are not removed], and strands of flesh that do not disqualify a circumcision.
What is implied? If, [after circumcision,] a portion of the foreskin is left that covers the majority of the crown of the penis' height,1 the child is considered to be uncircumcised, and this flesh is considered a tzitz that disqualifies the circumcision.2If only a small portion of flesh remains which does not cover the majority of the crown of the penis' height, it is considered to be a tzitz that does not disqualify the circumcision.3
Halacha 4
While the person performing the circumcision is involved in the operation, he should go back and remove both the tzitzim that disqualify the circumcision and the tzitzim that do not disqualify the circumcision.4 Once he has interrupted his activity, he must return and remove any tzitzim that disqualify the circumcision,5 but he does not return to remove anytzitzim that do not disqualify the circumcision.6
When one performs a circumcision without performing pri'ah, it is considered as if the circumcision was not performed.7
Halacha 5
[The following ruling is given when] a child's flesh is soft and hangs loosely, or if he is very fat and, therefore, it appears that he is not circumcised. We should observe him when he has an erection: if he appears circumcised at that time, it is unnecessary to do anything more. One must, however, correct the flesh on the sides, because of the appearance it creates.
If, however, he does not appear to be circumcised when he has an erection, the loose hanging flesh on the sides should be cut off until the crown of the penis is revealed while it is erect.
This was ordained by the Rabbis. According to the Torah itself, even though he [appears] uncircumcised, since he was circumcised once, there is no obligation to circumcise him again.
Halacha 6
Anything that is necessary for the circumcision [itself] may be performed on the Sabbath. We may perform milah, pri'ah, and metzitzah, return and remove the tzitzim that disqualify the circumcision even though one has interrupted one's activity, return and remove the tzitzim that do not disqualify the circumcision if one has not interrupted one's activity, and bandage the circumcision afterwards. The preparation of articles that are necessary for the circumcision does not supersede the prohibitions against labor on the Sabbath.
What is implied? If we are unable to find a knife, a knife may not be made on the Sabbath, nor may we bring it from place to place. It is even forbidden to bring it from one courtyard to another courtyard in an alleyway if there is no eruv. Although the [mitzvah of] eruv is only Rabbinic in origin, it is not superseded by [the necessity] to bring a knife, since it was possible to bring the knife on Friday.
Halacha 7
Herbs may not be ground to [use for the compress], nor may water be heated [to wash the child], nor may a compress be prepared,8 nor may wine and oil be mixed [on the Sabbath itself].9
If cumin was not ground on Friday, one may chew it on the Sabbath10 and apply it [to the wound]. If one did not mix wine and oil together, they may each be applied individually. This is the general rule: Whatever can be performed on Friday does not supersede [the prohibitions against labor on] the Sabbath. Should one forget and not prepare the accessories necessary for the circumcision, the circumcision should be performed on the ninth day.
Halacha 8
If a child was circumcised on the Sabbath and, afterwards, the hot water was spilled or the herbs [for the compress] were scattered, one may do anything that is necessary for him on the Sabbath, because of the danger involved.
In a place where it is customary to wash a child, he may be washed on the Sabbath on the day of his circumcision, both before the circumcision and after the circumcision, and on the third day of his circumcision. The child's entire body may be washed as well as the place of the circumcision itself. [On the third day,] he may be washed with water that was heated on Friday or with water that was heated on the Sabbath itself, because the situation involves danger.
Halacha 9
If a knife was forgotten and not brought [to the place of the circumcision] on Friday, one may instruct a gentile to bring it on the Sabbath, provided he does not bring it through the public domain.
The general principle governing this matter is: It is permissible to tell a gentile to perform any activity that we are forbidden to perform as a sh'vut,11 so that we may perform a mitzvah at its appropriate time.12 When, however, an activity is prohibited because a forbidden labor is involved, we may not instruct a gentile to do it [for us] on the Sabbath.13
Halacha 10
[The preparation of] the accessories for circumcision - even when the circumcision is being performed at the appropriate time14 - does not supersede [the prohibitions against labor on] the holidays, because it is possible to complete them before the commencement of the holiday.15
[This ruling can be derived through the following] process of inference: If [the preparation of] the accessories for circumcision is not significant enough to supersede the Rabbinic prohibitions of sh'vut, why should they supersede a negative commandment of the Torah?16 [Nevertheless, there are certain greater leniencies on festivals:] One may grind herbs for [the compress], since these herbs are fit to be used in food.17 Similarly, oil and wine may be mixed together.18
Commentary Halacha 1
Circumcision may be performed by anyone. - Although a father is commanded to circumcise his son, if he is not present or cannot perform the mitzvah, it may be performed by another person.
Even a person who is himself not circumcised - This refers to a Jew who is not circumcised. The Kessef Mishneh explains that it refers to a person who was not circumcised because his brothers died because of circumcision. A Jew who intentionally fails to circumcise himself, however, should not be allowed to circumcise others. Rav Yosef Karo also quotes this ruling in the Shulchan Aruch (Yoreh De'ah 264:1).
Note also the Ramah (ibid.), who states that an apostate should not be allowed to circumcise others.
a slave - Although a slave is not a full-fledged member of the Jewish community, he is obligated to perform certain mitzvot and is himself circumcised.
a woman - Avodah Zarah 27a allows a woman to perform a circumcision, because "a woman is considered as if she is circumcised." The matter is, however, one of debate, and other Sages do not allow a woman to perform a circumcision. Tosafot follow this view and their opinion is quoted by the Ramah (ibid.).
or a minor - This is allowed because a minor will ultimately be obligated to perform all the mitzvot and is circumcised himself.
may perform the circumcision, if an adult male is not present - i.e., if possible, an adult male should be charged with the fulfillment of this mitzvah.
A gentile, however, should not be allowed to perform the circumcision at all. - The Chatam Sofer (Yoreh De'ah, Responsum 132) explains that when a gentile performs a circumcision, the mitzvah is not performed at all...
Nevertheless, if he does so, there is no need for a second circumcision - because the deed has already been completed. (See also Sha'agat Aryeh, Responsum 54.)
This ruling revolves around the conception that there are two dimensions to circumcision:
a) the mitzvah of actually cutting off the foreskin;
b) the effect of that cutting, that the person is circumcised.
There are, however, other explanations of the Rambam's ruling. The Kessef Mishneh explains that the decision revolves upon whether or not circumcision must be carried out lishmah, for the sake of the fulfillment of the mitzvah.
The Ramah (Yoreh De'ah 264:1) rules that although a second circumcision is not required, blood should be extracted. This is the accepted practice today. Some authorities maintain that even the Rambam requires such a step.
Any utensil may be used for circumcision, even a flint - See Exodus 4:25, which relates that Tziporah (Moses' wife) performed a circumcision with such a utensil.
glass, or any article that cuts. One should not circumcise with the sharpened side of a reed, because of the danger involved. -Chulin16b explains that we are afraid that a splinter from the reed may damage the penis.
The optimum manner of performing the mitzvah is to use an iron utensil - The Targum Yonatan interprets Joshua 5:2 as an indication that iron was used for circumcision even at that early age. The Prishah (Yoreh De'ah 284:7) relates that this custom was instituted after Goliath's iron helmet split open before David's stone. God promised iron that, in recognition of its act on behalf of the Jews, they would use it for a positive purpose in future generations. The Mishnah (Shabbat 19:1) refers to the use of iron utensils for circumcision as an accepted custom.
either scissors or a knife. Throughout the Jewish community, it has become customary to use a knife. - See the Jerusalem Talmud, Shabbat 19:6.
Commentary Halacha 2
How is the circumcision performed? The foreskin that covers the crown of the penis is cut off until the entire crown is revealed. - i.e., all the tissue of the foreskin until its ridge must be removed.
[This step is referred to as milah.]
Afterwards - The pri'ah should be carried out after the circumcision itself. Today, there are some mohalim who insert a utensil and lift up the membrane before the circumcision, and then cut off the foreskin and the membrane together. Many contemporary authorities have criticized this approach.
the soft membrane that is beneath the skin should be split along the midline with one's nails - The Yalkut Shimoni, Vol. II, Note 723, states that nails were created for this purpose.
and peeled back to either side until the flesh of the crown is revealed. - Preferably, no portion of the foreskin or the membrane should remain. See Chatam Sofer (Yoreh De'ah, Responsum13 248).
[This step is referred to as pri'ah.]
Afterwards, one should suck - Traditionally, the mohel sucks out the blood with his mouth. Nevertheless, in previous generations, the Rabbis did grant license to use a pipette because of the possibility that germs in the mohel's mouth might infect the child. Today, there are authorities who suggest the use of a pipette because of the danger that the mohel could contract AIDS.
the place of the circumcision until all the blood in the further reaches is extracted, lest a dangerous situation arise. - The Tiferet Yisrael (Shabbat 19:2) relates that internal bleeding caused by the circumcision could cause the penis to swell, and applying suction to remove the blood averts that danger. The Tiferet Yisrael also writes that a danger exists that applying too strong a suction will rupture the blood vessels and cause excessive bleeding. Therefore, he recommends that one should apply gentle suction.
[This step is referred to as metzitzah.]
Any [mohel] who does not perform metzitzah should be removed from his position - because of the danger to which he exposes the children.
After one has performed metzitzah, one should apply a bandage, a compress, or the like - to stop the bleeding and assist the healing of the wound.
Commentary Halacha 5
[The following ruling is given when] - a circumcision was performed properly, but
a child's flesh is soft and hangs loosely, or if he is very fat and - there is flesh protruding over the crown of the penis and
therefore, it appears that he is not circumcised. - Were this condition to result from an improper circumcision, a second circumcision would be required. Since the circumcision was performed correctly, such measures are not necessary. Nevertheless,
We should observe him when he has an erection - when the penis is extended and its flesh taut
if he appears circumcised at that time - There is no need for the entire crown to be revealed; as long as one third of it is not covered by the flesh, it is acceptable (Terumat HaDeshen 264).
it is unnecessary to do anything more. One must, however, correct the flesh on the sides, because of the appearance it creates. - The flesh should be held back with bandages to prevent it from covering the crown. There is, however, no necessity for an additional operation even if these measures are not successful (Terumat HaDeshen, ibid.).
If, however, he does not appear to be circumcised when he has an erection - if more than two-thirds of the crown is covered
the loose hanging flesh on the sides should be cut off until the crown of the penis is revealed while it is erect. - The Ramah (Yoreh De'ah 264:6) explains that, in this instance - in contrast to the original circumcision - it is not necessary to reveal the entire crown; it is necessary only to reveal a minimal portion.
This - second operation
was ordained by the Rabbis. According to the Torah itself, even though he [appears] uncircumcised, since he was circumcised once - properly and all the flesh removed from the crown of the penis
there is no obligation to circumcise him again.
Commentary Halacha 6
Anything that is necessary for the circumcision [itself] may be performed on the Sabbath. - As mentioned in Chapter 1, Halachah 9, when a circumcision is carried out on the eighth day of a child's life, it may be performed on the Sabbath, with the exception of several unique instances.
We may perform milah, pri'ah, and metzitzah - the three phases of the circumcision mentioned in Halachah 2.
return and remove the tzitzim that disqualify the circumcision even though one has interrupted one's activity - This is permitted because, until these strands of flesh are removed, the obligation to circumcise the child on the eighth day has not been fulfilled. (See Halachah 3 and commentary.) Hence, just as we are allowed to carry out the operation on the Sabbath at the outset, we are allowed to complete its performance by removing these strands of flesh.
return and remove the tzitzim that do not disqualify the circumcision if one has not interrupted one's activity - Even according to the opinion that allows one to return and remove these strands of flesh during the week, it is forbidden to do so on the Sabbath because the circumcision is acceptable. Hence, no further cutting is permitted because of the Sabbath laws.
and bandage the circumcision afterwards. - In general, medication may be applied on the Sabbath only when a danger to life is involved. The Sages considered circumcision to be in this category.
The preparation of articles that are necessary for the circumcision does not supersede the prohibitions against labor on the Sabbath. - The license the Torah grants for circumcision to be performed on the Sabbath applies only to the deed of circumcision, which is itself a mitzvah. All the preparatory stages that make circumcision possible must be performed beforehand, for they are not elements of the actual performance of the mitzvah (Kiryat Sefer).
What is implied? If we are unable to find a knife, a knife may not be made on the Sabbath, nor may we bring it from place to place. - i.e., from a public domain to a private domain
It is even forbidden to bring it from one courtyard to another courtyard in an alleyway if there is no eruv. - Here, there is no Torah prohibition involved. Nevertheless,
Although the [mitzvah of] eruv is only Rabbinic in origin, it is not superseded by [the necessity] to bring a knife -Pesachim 92a cites this as an example of the power of Rabbinic law. Although karet (the punishment for not fulfilling the mitzvah of circumcision) is involved, the Sages enforced their decree against carrying in such places and forbade bringing the knife.
since it was possible to bring the knife on Friday.
FOOTNOTES
1.Rashi, Shabbat 137b, states that surely if the foreskin is left on the majority of the circumference of the penis' crown, it is unacceptable. When quoting this law, the Shulchan Aruch (Yoreh De'ah 264:5) states that if the majority of the height of the crown is left covered in any one place, the circumcision is not acceptable. Thus, even a thin strand of skin that covers either the majority of the height or the majority of the circumference of the crown can disqualify the circumcision.
2.A second circumcision is required in such an instance, and a blessing is recited when performing it.
3.See the following halachah.
4.As mentioned in Halachah 6, this ruling applies even when the circumcision is being carried out on the Sabbath.
5.Since, as explained in the previous halachah, unless this flesh is removed, a second circumcision is necessary.
6.The Rambam's phraseology is somewhat problematic. The Beit Yosef (Yoreh De'ah 264) explains that the Rambam's intent is that we are not required to remove this flesh. In contrast, the Sha'agat Aryeh (Responsum 50) interprets the Rambam as stating that, once the mohel has interrupted his activity, he is forbidden to return and cut off the remaining flesh. (The Sha'agat Aryeh himself questions the Rambam's decision. The Merkevet HaMishneh explains that since the circumcision is acceptable, it is forbidden to expose the child to further pain.)
The Ramah (Yoreh De'ah 264:5) rules that if the circumcision is performed during the week, one should remove this flesh. This ruling is followed throughout the Jewish community today.
7.The Babylonian Talmud relates that although pri'ah is not mentioned in the Torah, nor was Abraham commanded to carry out this activity, it is part of the oral tradition (halachah leMoshe miSinai), which may not be ignored (Shabbat 137b, Yevamot 71b). The Jerusalem Talmud (Yevamot 8:1) differs, and uses the principles of Biblical exegesis to derive the obligation of removing the membrane.
8.A compress that is prepared before the Sabbath may be applied on the Sabbath. It is, however, forbidden to prepare the compress on the Sabbath (see Hilchot Shabbat 23:11).
9.The mixture of wine and oil was applied to the wound to heal it.
10.According to Torah law, a labor is forbidden on the Sabbath only when it is performed in its usual fashion. In most cases, however, such activities are forbidden by the Rabbis. Nevertheless, in this instance, since the herbs are being prepared for a remedy and they are not being prepared in the normal manner, the Sages did not forbid their preparation (see Hilchot Shabbat 21:26).
11.In Hilchot Shabbat 21:1, the Rambam defines a sh'vut as follows:
[With regard to the Sabbath,] the Torah has told us, "You shall rest." This implies that we are obligated to rest from the performance of [certain] activities even though they are not included among the forbidden labors.
In Chapters 21 and 22 of those halachot, the Rambam explains the concept of sh'vut in detail.
12.In Hilchot Shabbat 6:9, the Rambam mentions this leniency with regard to bringing a shofar on Rosh HaShanah [i.e., in Jerusalem to be sounded in the Temple]. Although Tosafot (Gittin 8b) maintain that the leniency should not be extended beyond the scope of the mitzvah of circumcision, the Rambam's ruling is accepted by the Shulchan Aruch (Orach Chayim 307:5).
13.For this reason, a gentile may not be instructed to make a knife or boil water for the circumcision. (See Shulchan Aruch, Orach Chayim 331:6.)
14.I.e., on the eighth day of a child's life.
15.Thus, making a knife is forbidden on a festival. Nevertheless, carrying a knife through the public domain and heating water are permitted on a festival.
16.There are certain leniencies regarding the performance of labor on festivals when compared to the performance of labor on the Sabbath. Nevertheless, the performance of labor on festivals is also considered a Torah prohibition. (See Hilchot Sh'vitat Yom Tov 1:1.)
17.On festivals, we are allowed to perform any labor that is connected with the preparation of food. Since these herbs could be used for food, we are allowed to prepare them for the circumcision as well.
18.In this instance, only a Rabbinic prohibition is involved, and it is waived because of the importance of circumcision (Ma'aseh Rokeach).
Milah - Chapter Three
Halacha 1
Before the circumcision, the person who performs the circumcision recites the blessing, "[Blessed are You...] who sanctified us with His commandments and commanded us concerning the circumcision." [This applies] when circumcising the son of another person.1 When circumcising one's own son, one should recite the blessing "... to circumcise a son."2
[At the circumcision,]3 the father of the child recites another blessing:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and commanded us to have our children enter the covenant of Abraham, our Patriarch.4
[This blessing was instituted because] it is a greater mitzvah for a father to circumcise his son than for the Jewish people as a whole to circumcise the uncircumcised among them. Therefore, if a child's father is not present, this blessing should not be recited. There are those who have ruled that the court or one of the people [in attendance should recite this blessing in the father's absence]. [Nevertheless, this ruling] should not be followed.5
Halacha 2
If others are present,6 they say: "Just as you have brought him into the covenant,7 so, too, may you bring him to Torah, marriage, and good deeds."8
Halacha 3
Afterwards, the father of the child, the person who performed the circumcision, or one of the people in attendance should recite the [following] blessing:
Blessed are You, God, our Lord, King of the universe, who has sanctified the cherished from the womb, affixed his covenant in his flesh, and sealed his descendants with the sign of the holy covenant. Therefore, as a reward for this [circumcision], living God, our Portion, our Rock, has ordained that the beloved of our flesh be saved from the abyss for the sake of His covenant that He has set in our flesh. Blessed are You, God, who establishes the covenant.
The father of the son recites the blessing shehecheyanu.
Halacha 4
When circumcising converts, one should recite the blessing:9
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and commanded us to circumcise converts and to extract from them the blood of the covenant,10 for were it not for the blood of the covenant the existence of the heavens and the earth could not be maintained, as [Jeremiah 33:25] states: "Were it not for My covenant, day and night, I would not have established the laws of heaven and earth."
Halacha 5
One who circumcises his slave11 recites the blessing:12
[Blessed are You...] who has sanctified us with His commandments and commanded us to circumcise slaves and to extract from them the blood of the covenant, for were it not for the blood of the covenant the existence of the heavens and the earth could not be maintained...."
If one circumcises a slave belonging to someone else, one should [alter the text of] the blessing and say, "[and commanded us] concerning the circumcision of slaves [and...]13
When circumcising an adult male, one must cover his sexual organ until after the blessing is recited.14 Afterwards, one reveals it and performs the circumcision.
Halacha 6
When the blood of circumcision is extracted from a convert who had been circumcised before conversion, or from a child who was born without a foreskin, there is no necessity to recite a blessing.15 Similarly, a blessing is not recited over the circumcision of an androgynous, because he is not definitely categorized as a male.16
Halacha 7
It is forbidden for a Jew to circumcise a gentile who is forced to remove his foreskin because of a wound or because of a tumor, since we are instructed neither to save the gentiles from death, nor to cause them to die.17 Although a mitzvah is accomplished in the process of administering this medical treatment, the gentile did not intend to fulfill the mitzvah. If, however, the gentile intends to fulfill the mitzvah of circumcision, it is a mitzvah to circumcise him.18
Halacha 8
How disgusting is the foreskin that is used as a term of deprecation with regard to the gentiles, as [Jeremiah 9:25] states: "For all the gentiles are uncircumcised!" How great is the circumcision! Behold, our Patriarch Abraham was not called "perfect" until he was circumcised, as [Genesis 17:1-2] states: "Proceed before Me and become perfect. And I will place My covenant between Me and you."19
Anyone who breaks the covenant of Abraham our Patriarch and leaves his foreskin uncircumcised, or [although he was circumcised,]20
causes it to appear extended, does not have a portion in the world to come,21 despite the fact that he has studied Torah and performed good deeds.
Halacha 9
Come and see how severe a matter circumcision is. Moses, our teacher, was not granted even a temporary respite from [fulfilling this mitzvah].22
The Torah mentions only three covenants regarding all its mitzvot, as [Deuteronomy 28:69] states: "These are the words of the covenant that God commanded... in addition to the covenant that He established with you in Chorev." And [Deuteronomy 29:9-11] states: "You are all standing today... to enter into a covenant with God, your Lord." Thus, there are three covenants.
In contrast, thirteen covenants were established with Abraham, our Patriarch, with regard to circumcision:23
"I will place My covenant between Me and you" [Genesis 17:2],
"And I, behold, My covenant is with you" [ibid.:4],
"I will establish My covenant between Me and you" [ibid.:7],
"For an eternal covenant" [ibid.],
"And you shall observe My covenant" [ibid.:9],
"This is My covenant which you shall observe" [ibid.:10],
"It will be a sign of the covenant" [ibid.:11],
"My covenant will be in your flesh" [ibid.:13],
"For an eternal covenant" [ibid.],
"He will have nullified My covenant" [ibid.:14],
"And I will establish My covenant with Him" [ibid.:19],
"For an eternal covenant" [ibid.],
"And I will establish My covenant with Isaac" [ibid.:21].
Blessed be God who grants assistance.
This concludes the second volume with the help of the Almighty. There are a total of 46 chapters in this volume.
Hilchot Kri'at Shema - 4 chapters
Hilchot Tefillah UVirkat Kohanim - 15 chapters
Hilchot Tefillin UMezuzah V'Sefer Torah - 10 chapters
Hilchot Tzitzit - 3 chapters
Hilchot Berachot - 11 chapters
Hilchot Milah - 3 chapters
FOOTNOTES
1.The Rambam's ruling depends on his statement (Hilchot Berachot 11:13) that if someone performs a blessing on behalf of another person, he should use the form "who has sanctified us with Your commandments and commanded us concerning...."
2.In Hilchot Berachot 11:12, the Rambam states that when one fulfills a mitzvah on one's own behalf, one should use the form "who has sanctified us with Your commandments and commanded us to..."
Although the Shulchan Aruch (Yoreh De'ah 365:2) mentions the Rambam's opinion, the Ramah states that it is customary to recite the blessing "... concerning the circumcision," at all times.
It is possible to explain that the Ramah does not accept the Rambam's general principle and prefers a universal form for a blessing to be recited every time a particular mitzvah is fulfilled. It is, however, also possible to interpret their difference of opinion as relating to the definition of the mitzvah of circumcision itself. The Rambam's text of the blessing, which uses the form "... to...," indicates that the nature of the mitzvah of circumcision focuses on the act of circumcision. In contrast, the Ramah's text for the blessing can be interpreted to imply that the nature of the mitzvah is to bring a person to the state that he is no longer uncircumcised. Therefore, the form "... concerning..." is more appropriate (Kinat Eliyahu).
3.The time when this blessing is recited is a matter of question. In two of his responsa, the Rambam writes that it makes no difference whether this blessing is recited before the circumcision or afterwards. Nevertheless, Rav Avraham, his son, and Rav Yitzchak, his grandson, state that it was the Rambam's custom to recite this blessing before the mitzvah.
The Shulchan Aruch (Yoreh De'ah 265:1) quotes the opinion of Rabbenu Asher, who states that this blessing should be recited between the milah and the pri'ah.
4.Tosafot, Pesachim 7a, explain that this blessing is not one of the blessings connected with the performance of a mitzvah, but a blessing that expresses our thanks and appreciation to God for granting us this mitzvah.
5.The Ra'avad objects to the Rambam's decision and rules that, in the absence of the father, the sandak (the person who holds the baby during the circumcision) should recite this blessing. The Ramah (Yoreh De'ah 265:1) quotes this decision.
6.The literal translation of the Rambam's phraseology is "If others are standing there." The commentaries explain that his intent is also to emphasize that it is necessary to stand while attending a brit. (See the Shulchan Aruch, Yoreh De'ah 265:6, which states that, if possible, it is preferable to perform a circumcision with at least ten adult males in attendance.)
7.The Rambam's version of this statement is found also in the Jerusalem Talmud (Berachot 9:3) and is quoted by the Shulchan Aruch (Yoreh De'ah 265:1). At present, however, it is customary to follow Rabbenu Asher's opinion and say, "Just as he has entered the covenant, so may he enter..." without mentioning the father's role. Significantly, this version is found in our texts of Shabbat 137b where this custom is mentioned.
8.We wish that the merit of the circumcision will lead to a life full of genuine Jewish conduct.
9.It appears that the Rambam considers this the only blessing recited in connection with the circumcision of converts, and would have this blessing recited before the circumcision. In contrast, the Tur and the Shulchan Aruch (Yoreh De'ah 268:5) explain that two blessings should be recited in connection with the circumcision of a convert:
a) one blessing before the circumcision, "... who has sanctified us... and commanded us to circumcise converts,"
b) one blessing after the circumcision, the blessing quoted by the Rambam with the conclusion, "Blessed are You, God, who establishes a covenant."
According to the Shulchan Aruch's perspective, like the blessing mentioned in the previous halachah, this blessing is not a blessing connected with the performance of the mitzvah, but an expression of praise for God for granting us the opportunity to perform such a unique mitzvah.
According to the Rambam's view, it is somewhat difficult to understand: Why is this blessing so lengthy? In this context, theSefer HaMaor explains that this blessing was instituted to reassure converts and strengthen their resolve before they fulfill a mitzvah that is associated with pain and suffering.
10.The Kessef Mishneh explains that this is a reference to the extraction of blood from converts who were circumcised previously. Other commentaries object to this interpretation, noting that in Halachah 6, the Rambam does not require a blessing in such an instance.
11.I.e., when the master performs the circumcision himself.
12.In this instance as well, the Tur and the Shulchan Aruch (Yoreh De'ah 267:12) rule that two blessings should be recited. See Note 9.
13.The reason for the change of text depends on the Rambam's statements (Hilchot Berachot 11:11) that a person who performs a blessing on his own behalf should use the form, "who has sanctified us... and commanded us to..." In contrast, one who performs a blessing on behalf of others should use the form, "...and commanded us concerning...."
14.This is because, as explained in Hilchot Kri'at Shema 3:16, it is forbidden to recite holy words in the presence of an exposed sexual organ.
There is somewhat of a problem, however, with the Rambam's statements. Here, it appears that one need not cover the penis of a baby before reciting the blessing, yet in Hilchot Kri'at Shema (ibid.), the Rambam writes that the Shema may not be recited in the presence of a minor whose sexual organ is exposed.
In one of his responsa, the Rambam resolves this difficulty, explaining that the prohibition begins when the child - either male or female - possesses some sexual potency. (See also Siftei Cohen 265:18.)
15.In both cases, there is a doubt whether or not it is necessary to perform this circumcision. (See Chapter 1, Halachah 7.) Therefore, the circumcision is performed, but a blessing is not recited, lest there be no obligation to perform this activity, and thus, the blessing would be recited in vain. (See Hilchot Berachot 11:16.)
16.The Ra'avad contests this point, noting that when there is a doubt whether a certain activity fulfills a mitzvah or not, one should recite a blessing, and cites the recitation of blessings on the second day of festivals in the diaspora as an example of this principle.
Rav Kapach explains that the difference between the Rambam and the Ra'avad depends on their conception of the status of an androgynous. The Ra'avad maintains that an androgynous is considered a male whose status is in doubt. Therefore, since a mitzvah from the Torah is involved, a blessing should be recited. The Rambam maintains that an androgynous is in a category of his own, and the question is whether the obligation to circumcise falls on people in this category. Hence, no blessing is recited. See also their difference of opinion in Hilchot Shofar 2:2.
17.In Hilchot Avodat Kochavim 10:1-2, the Rambam writes:
If we see an idolater being swept away or drowning in the river, we should not help him. If we see that his life is in danger, we should not save him. It is, however, forbidden to cause one of them to sink or to push him into a pit or the like, since he is not waging war against us....
From the above, we can infer that it is forbidden to offer medical treatment to an idolater even when offered a wage. If, however, one is afraid of the consequences or fears that ill feeling will be aroused, one may treat them for a wage, but to treat them for free is forbidden.
[Regarding] a ger toshav, since we are commanded to secure his well-being, he may be given medical treatment at no cost.
Many authorities maintain that the laws applying to a ger toshav can be applied to all gentiles who are not idolaters. Furthermore, since at present, a doctor would have much difficulty if he refused to treat gentiles, leniency should be shown in this regard.
From the above, it would appear that a doctor who operates a medical practice today is allowed to treat gentile patients. Indeed, throughout the ages, many great Rabbinic authorities, including the Rambam himself, served as doctors to gentiles.
18.In Hilchot Melachim 10:10, the Rambam writes that a gentile who desires to fulfill any mitzvah should be given the opportunity.
There are other authorities who differ with the Rambam on this matter. They explain that circumcision is a sign given to the Jewish people that establishes their uniqueness and it is improper that gentiles should be given the opportunity of possessing this property.
19.See the Guide to the Perplexed, Vol. III, Chapter 49, where the Rambam criticizes a hedonistic approach to life and explains that circumcision comes "to complete the perfection of our emotions... to reduce a person's lust and wild cravings."
20.In the Hellenistic era, there were some Greek sympathizers among the Jewish people who would cause their foreskin to appear extended, so that they would not be distinguished from gentile athletes. The Sages were extremely critical of these individuals.
21.See Avot 3:14 and Hilchot Teshuvah 3:6.
22.As Exodus 4:24-26 relates, when Moses returned to Egypt, he took his newborn son, Eliezer, with him. He did not circumcise him immediately and, therefore, an angel came in the form of a snake and swallowed him. Tziporah his wife realized the source of the problem and circumcised her son. After this, the angel retracted. (See Nedarim 32a.)
23.In the Guide to the Perplexed, Vol. III, Chapter 49, the Rambam writes that the brit is a sign of the covenant of the oneness of God. "When a person is circumcised he enters into the covenant of Abraham which obligates him to know [God's] unity." This covenant of unity defines the nature of the Jewish people. It is natural that when people share a common sign, love and mutual assistance among them grow.
Order of Prayers - The Order of Prayer for the Entire Year
In his introduction to the Mishneh Torah, the Rambam communicated his desire that his text serve as a guide for the practical application of Torah law. Rather than be forced to swim through the "sea of the Talmud," a person would have a direct, straightforward guide to Jewish observance.
To facilitate this goal, in addition to composing Hilchot Tefilah – "The Laws of Prayer" - he included the following section, Seder Tefilot Kol HaShanah, "The Order of Prayers for the Entire Year," a complete guide to the siddur, at the conclusion of Sefer Ahavah. Since English translations of the siddur are available, we have not translated those portions of the text. We have, however, included the instructions in this section to remain true to the Rambam's text of the Mishneh Torah and to afford a reader the opportunity of comparing the Rambam's order of prayer with that we use today.
נהגו העם לקרות בכל יום בשחר אחר שקורין פרשת צו וברכת כהנים קורין משנה זו
Every day in morning, it is customary for the people to read the following mishnah1 after reading the passage Tzav2 and the Priestly Blessing:
אלו דברים שאין להם שיעור הפאה והבכורים והראיון וגמילות חסדים ותלמוד תורה אלו דברים שאדם אוכל פירותיהן בעולם הזה והקרן קיימת לו לעולם הבא כיבוד אב ואם וגמילות חסדים ועיון תפלה וביקור חולים והשכמת בית המדרש והכנסת אורחים והבאת שלום בין אדם לחבירו ותלמוד תורה כנגד כולן3.
[They then continue, as follows:]
אמר רבי זירא בנות ישראל הן החמירו על עצמן שאפילו רואות טיפת דם כחרדל יושבות עליה שבעה נקיים.4
תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן העולם הבא שנאמר5 הליכות עולם לו אל תקרי הליכות אלא הלכות.6
אמר רבי אלעזר אמר רבי חנינא תלמידי חכמים מרבים שלום בעולם שנאמר7 וכל בניך למודי יי' וכו'8
מזמור לדוד יי' מי יגור באהלך מי ישכון בהר קדשך הולך תמים ופועל צדק9
לעולם יהא אדם ירא שמים בסתר ומודה על האמת ודובר אמת בלבבו וישכם ויאמר רבון העולמים לא על צדקותינו אנחנו מפילים תחנונינו לפניך כי על רחמיך הרבים מה אנו מה חיינו מה חסדנו מה צדקתנו מה כחנו ומה גבורתנו מה נאמר לפניך יי' אלהינו הלא כל הגבורים כאין לפניך ואנשי השם כלא היו וחכמים כבלי מדע ונבונים כבלי השכל כי כל מעשינו תהו ובהו וימי חיינו הבל לפניך כמו שכתוב בדברי קדשך ומותר האדם וגו' אבל אנחנו עמך בני בריתך בני אברהם אוהבך שנשבעת לו בהר המוריה זרע יצחק יחידך שנעקד על גבי מזבחך עדת יעקב בנך בכורך שמאהבתך שאהבת אותו ומשמחתך ששמחת בו קראת אותו ישראל וישורון לפיכך אנו חייבין להודות לך ולשבחך ולפארך וליתן שבח והודאה לשמך וחייבין אנו לומר לפניך בכל יום ערב ובוקר שמע ישראל יי' אלהינו יי' אחד אשרנו מה טוב חלקנו מה נעים גורלנו מה יפה ירושתנו אשרנו שאנו משכימין ומעריבין בכל יום תמיד ערב ובוקר ואומרים שמע ישראל יי' אלהינו יי' אחד10
אתה הוא קודם שנברא העולם אתה הוא אחר שנברא העולם אתה הוא בעולם הזה ואתה הוא לעולם הבא אתה הוא ראשון ואתה הוא אחרון קדש שמך הגדול והקדוש בעולמך ובישועתך תרום ותגביה קרננו ברוך המקדש שמו ברבים
אתה הוא יי' אלהינו בשמים ממעל ועל הארץ מתחת ובשמי השמים העליונים אתה הוא ראשון ואתה הוא אחרון ומבלעדיך אין אלהים קבץ קויך מארבע כנפות הארץ יכירו וידעו כל באי עולם כי אתה הוא האלהים לבדך לכל ממלכות הארץ אתה עשית את השמים ואת הארץ ומי בכל מעשה ידיך בעליונים או בתחתונים מי שיאמר לך מה תעשה אבינו שבשמים עשה עמנו כמו שהבטחתנו על ידי חוזך בעת ההיא אביא אתכם ובעת קבצי אתכם כי אתן אתכם לשם ולתהלה בכל עמי הארץ בשובי את שבותיכם לעיניכם אמר יי.11
ונאמר אתה הוא יי' לבדך אתה עשית את השמים שמי השמים וכל צבאם הארץ וכל אשר עליה הימים וכל אשר בהם ואתה מחיה את כולם וצבא השמים לך משתחוים אתה הוא יי' האלהים אשר בחרת באברם והוצאתו מאור כשדים ושמת שמו אברהם.12
אתה הוא ושנותיך לא יתמו13 יי' מלך יי' מלך יי' ימלוך לעולם ועד14 יי' מלך כו' עד ברוך יי' לעולם אמן ואמן.15
ברכה ראשונה שמברכין לפני פסוקי הזמירות זהו נוסחה
This is the text of the opening blessing recited before Pesukei D'Zimra:
ברוך שאמר והיה העולם ברוך הוא ברוך אומר ועושה ברוך גוזר ומקיים ברוך מרחם על הארץ ברוך מרחם על הבריות ברוך מעביר אפלה ומביא אורה ברוך משלם שכר טוב ליראיו ברוך שאין לפניך לא עולה לא שכחה ולא כזב ולא מרמה לא משוא פנים ולא מקח שחד ברוך אל חי לעד וקיים לנצח ברוך אתה יי' אלהינו מלך העולם האל המהולל בפי עמו משובח ומפואר בלשון כל חסידיו ועבדיו ובשירי דוד עבדך משיחך נהללך יי' אלהינו בשבחות ובזמירות נודך ונשבחך ונפארך ונזכיר שמך מלכנו אלהינו יחיד חי העולמים משובח ומפואר עדי עד שמו ברוך אתה יי' מלך מהולל בתושבחות
וקורין פסוקין אלו
These verses are recited:
יהי כבוד יי' לעולם ישמח יי' במעשיו כו'16 אשרי כו'17
עד סוף תילים ואחר כך קורא פסוקים אלו
[One continues] until the conclusion of the Book of Psalms. One then reads the following verses:
ברוך יי' לעולם אמן ואמן18 ימלוך יי' לעולם אמן ואמן19 ויברך דויד את יי לעיני כל הקהל ויאמר דויד ברוך אתה יי' אלהי ישראל וכו'20
ברכה אחרונה של אחר פסוקי הזמירות זהו נוסחה
The text of the concluding blessing [recited] after Pesukei D'Zimra:
ישתבח שמך לעד מלכנו האל המלך הגדול והקדוש בשמים ובארץ כי לך נאה יי' אלהינו ואלהי אבותינו וכו'
וקורא השירה עד סופה כמנהג המקום
One then reads the Song [of the Crossing of the Sea] according to local custom.21
בשבת נהגו כל העם להוסיף לפני ברכה זו נוסח זה
On the Sabbath, the entire people have adopted the custom of adding the following passages before this blessing:
נשמת כל חי תברך את שמך יי' אלהינו ורוח כל בשר תפאר ותרומם זכרך מלכנו תמיד לדור ודור ומעולם ועד עולם אתה אל ומבלעדך אין אלהים ואין לנו מלך גואל ומושיע פודה ומציל בכל עת צרה וצוקה אלא אתה מפרנס ומרחם אלוה כל בריות אדון התולדות המהולל בתושבחות המנהג עולמו בחסד ובריותיו ברחמים רבים אלהים אמת לא ינום ולא יישן המעורר ישנים והמקיץ נרדמים סומך נופלים ורופא חולים ומתיר אסורים ולך אנחנו מודים ואילו פינו מלא שירה כים ולשונינו רנה כהמון גליו ושפתותינו שבח כמרחבי רקיע ועינינו מאירות כשמש וכירח וידינו פרושות כנשרי שמים ורגלינו קלות כאילות אין אנו מספיקין להודות לך יי' אלהינו ואלהי אבותינו ולברך את שמך על אחת מאלף אלפי אלפים ורוב רובי רבבות פעמים הטובות נסים וגבורות שעשית עמנו ועם אבותינו מלפנים ממצרים גאלתנו יי' אלהינו מבית עבדים פדיתנו ברעב זנתנו ובשובע כלכלתנו מחרב הצלתנו ומדבר מלטתנו ומחלאים רעים רבים דליתנו ועד הנה עזרונו רחמיך יי' אלהינו ולא עזבונו חסדיך על כן איברים שפלגת בנו ורוח ונשמה שנפחת באפינו ולשון אשר שמת בפינו הן הם יודו ויברכו את שמך יי' אלהינו וכו' ישתבח וכו'
וכן נהגו לקרות כל מזמור שיר ליום השבת קודם שיתחילו פסוקי הזמירות ביום השבת וביום הכפורים ויש מקומות שנהגו לקרות הלל הגדול בשבתות קודם פסוקי הזמירות ויש מקומות שנהגו לקרות שיר המעלות הכל כמנהגם
Similarly, they adopted the custom of reading the entire "Song of the Sabbath day"22 before beginning Pesukei D'Zimra on the Sabbath and on Yom Kippur.23 There are communities that follow the custom of reading "the Great Hallel,"24 before Pesukei D'Zimra on the Sabbath. And there are other communities that follow the custom of reading Shir HaMaalot.25 Every community should follow its custom.
ברכה ראשונה שלפני קריאת שמע זו היא נוסחה
The text of the first blessing that precedes the recitation of the Shema
ברוך אתה יי' אלהינו מלך העולם יוצר אור ובורא חשך כו' עד יוצר המאורות
ברכה שניה The Second Blessing–
אהבת עולם אהבתנו יי' אלהינו חמלה גדולה ויתירה חמלת עלינו אבינו מלכנו כו' עד בעמו ישראל באהבה
ברכה אחרונה שלאחר קריאת שמע זו היא נוסחה
The text of the concluding blessing that follows the recitation of the Shema
אמת ויציב וכו' עד ברוך אתה יי' גאל ישראל
ובערבית ברכה ראשונה – The first blessing that precedes the recitation of the Shema in the Evening
ברוך אתה יי' אלהינו מלך העולם אשר בדברו מעריב ערבים עד ברוך אתה יי' המעריב ערבים
ברכה שניה The Second Blessing–
אהבת עולם בית ישראל עמך אהבת וכו' עד ברוך אתה יי' אוהב עמו ישראל
ברכה ראשונה שלאחר קריאת שמע של ערבית זו היא נוסחה
The text of the first blessing that follows the recitation of the Shema in the Evening
אמת ואמונה כל זאת קיים עלינו כו' עד ברוך אתה יי' גאל ישראל
ברכה אחרונה זו היא נוסחה - The text of the concluding blessing
השכיבנו יי' אלהינו לשלום וכו' עד ברוך שומר עמו ישראל לעד
ברוך יי' לעולם אמן ואמן כו'26 עד פדיתה אותי יי' אל אמת27 יראו עינינו וישמח לבנו כו' עד יי' מלך יי' מלך יי' ימלך לעולם ועד.28
ונהגו מקצת העם לברך פסוקים באמצע ברכה וקוראין בנוסח זה
Some people follow the custom of reciting verses in the middle of this blessing. They recite this text:
וירא כל העם ויפלו על פניהם ויאמרו יי' הוא האלהים יי' הוא האלהים29 הושיענו אלהי ישענו וקבצנו והצילנו מן הגוים להודות לשם קדשך להשתבח בתהלתך30 כי לא יטוש יי' את עמו בעבור שמו הגדול כי הואיל יי' לעשות אתכם לו לעם31 ועלו מושיעים בהר ציון לשפוט את הר עשו והיתה ליי' המלוכה32 והיה יי' למלך על כל הארץ ביום ההוא יהיה יי' אחד ושמו אחד33
אלהינו שבשמים יחד שמך הקרוי עלינו קיים את שמך ומלכותך עלינו תמיד בידך נפשות החיים והמתים אשר בידו נפש כל חי ורוח כל בשר איש34 בידך אפקיד רוחי פדיתה אותי יי' אל אמת35 ואנחנו עמך וצאן מרעיתך נודה לך לעולם לדור ודור נספר תהלתך36 יי' הצילה נפשי משפת שקר מלשון רמיה37 ישראל נושע ביי' תשועת עולמים לא תבושו ולא תכלמו עד עולמי עד38 יהי יי' אלהינו עמנו כאשר היה עם אבותינו אל יעזבנו ואל יטשנו להטות לבבנו אליו ללכת בכל דרכיו לשמור מצותיו וחקיו ומשפטיו אשר צוה את אבותינו39 כל הנשמה תהלל יה הללויה40 ברוך יי' ביום ברוך יי' בלילה ברוך יי' בשכבנו ברוך יי' בקומנו תמיד נהללך סלה ונשיח בחוקיך ובאמונתך ברוך אתה יי' המולך בכבודו חי וקיים תמיד ימלוך עלינו וכו'41
FOOTNOTES
1.Peah 1:1.
2.The intent appears to be the passage, Numbers 28:1-8 which describes the offering of the daily sacrifice. See Hilchot Tefilah 7:11.
3.See Shabbat 127a.
4.Berachot 31a; Niddah 66a.
5.Chabbakuk 3:6.
6.Tanna D'bei Eliyahu Zuta, ch.2; Megillah 26b.
7.Isaiah 54:3.
8.Berachot 64a. These passages are recited in connection with the recitation of the blessings for Torah study. At present, in most communities, all that is recited is the passages from Peah and Shabbat.
9.Psalms, ch. 15.
10.Devarim 6:4.
11.Tzephania 3:20.
12.Nechemiah 9:6-7. In most communities today, it is customary to recite these verses in the midst of Pesukei D'Zimra.
13.Psalms102:28.
14.This "verse" is a composite of Psalms 10:16, 93:1, and Exodus 15:18.
15.Psalms 89:53. Apparently, there were a series of verses customarily recited at this point in prayer.
16.Psalms 104:35. This verse introduces a series of verses that are recited.
17.Ibid. 84:5. One continues reading from Psalm 145 until the end of Psalms.
18.Ibid. 89:53.
19.There is no such verse in the Tanach, Perhaps there is a scribal error and the intent was to read Exodus 15:18 and Psalms 72:19.
20.I Chronicles 29:10-13.
21.See Hilchot Tefilah 7:13.
22.Psalm 92.
23.Today, it is universal custom to read this psalm in this place in the prayer service on festivals as well.
24.I.e., Psalm 136.
25."A song of Ascents." Psalms 120-134 are referred to in that manner, because they begin with those words. This custom is not followed in the Ashkenazic community at present. According to Sephardic and Chassidic custom, Psalms 121 to 124 are recited.
26.Psalms 89:53. The Rambam is implying that this verse introduces a known series of verses.
27.Ibid. 31:6.
28.This "verse" is a composite of Psalms 10:16, 93:1, and Exodus 15:18.
29.I Kings 18:39.
30.I Chronicles 16:35.
31.I Samuel 12:22.
32.Ovadiah 1:21.
33.Zechariah 14:9.
34.Job 12:10.
35.Psalms 31:6.
36.Ibid. 79:13.
37.Ibid. 120:2.
38.Isaiah 45:17.
39.I Kings 8:57.
40.Psalms 150:6.
41.Originally, when the Evening Service was optional, the recitation of a blessing including 18 verses, many of which are mentioned here was ordained to take the place of the Shemoneh Esreh, as it were. Even after the recitation of the Evening Service was accepted as obligatory, many communities continued the practice of reciting this blessing (Tur, Orach Chayim 236). In Eretz Yisrael and in communities who accept the rulings of the Ari zal, this blessing is not recited.
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Hayom Yom:
Sunday, 27 Tevet 5775 • 18 January 2015
"Today's Day"
Torah lessons: Chumash: Va'eira, Sheini with Rashi.
Tehillim: 120-134.
Tanya: It is different (p. 59)...Note there. (p. 61).
The Alter Rebbe said: Jewish physical matter is spiritual. G-d gives us material bounty for us to transform into something spiritual.1 When occasionally it is not so at the moment (G-d has not provided the material wealth), then we must give G-d whatever we can, even a "pauper's offering," and then He gives generously.
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. See Adar II 29; Elul 27.
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Daily Thought:
The King Alone
A parable of the Baal Shem Tov, of a king who on a day of joy proclaimed that anyone who would ask anything of him would be granted his request.
Some requested power and honor, others wealth and riches. To each the king gave according to his request.
Until there was one wise person who stated that his desire was nothing more than to speak with the king personally three times a day.
The king was very pleased with this request, seeing that this person cherished the king’s conversation more than wealth and honor. Therefore he granted this request, permitting this wise person entry to the palace to speak with the king, and instructed that the treasures be opened to him so that he might partake also of wealth and honor.
And so, David sang in his psalms, “A prayer of a pauper . . . when he will pour out his dialogue before G‑d.” The dialogue itself, that is his request.
What is the wisdom of this pauper? It is that others chose greatness for themselves, while the pauper chose to stand as a nothingness before the greatness of the king. By doing so, he chose the King Himself, along with all the King’s greatness.[Keter Shem Tov 97; Maamar Bayom Ashtei Asar; Shavuot 5724:1.]
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