Torah Reading
Shemot (Exodus 1:1 Now these are the Shemot Bnei Yisroel, which came into Mitzrayim; every ish and his bais came with Ya’akov:
2 Reuven, Simeon, Levi, and Yehudah,
3 Yissakhar, Zevulun, and Binyamin,
4 Dan, and Naphtali, Gad, and Asher.
5 And all the nefesh that came out of the loins of Ya’akov were seventy nefesh; for Yosef was in Mitzrayim already.
6 And Yosef died, and all his achim, and all that generation.
7 And the Bnei Yisroel were fruitful, and increased abundantly, and multiplied, and became exceeding strong; and the land was filled with them.
8 Now there arose a melech chadash over Mitzrayim, which had no da’as of Yosef.
9 And he said unto his people, Hinei, the Am Bnei Yisroel are more and stronger than we.
10 Come, let us outsmart them; lest they multiply, and it come to pass, that, when there falleth out any milchamah, they join also unto our enemies, and fight against us, and so get them up out of the land.
11 Therefore they did set over them sarei missim (taskmasters) to afflict them with their burdens. And they built for Pharaoh supply cities, Pitom and Raamses.
12 But the more they afflicted them, the more they multiplied and spread out. And they were in dread because of the Bnei Yisroel.
13 And the Egyptians made the Bnei Yisroel to serve with rigor;
14 And they made their lives bitter with avodah kashah (hard bondage), in mortar, and in brick, and in all manner of avodah in the sadeh; all their service, wherein they made them serve, was with rigor.
15 And Melech Mitzrayim spoke to the meyalledot HaIvriyyot (Hebrew midwives), of which the shem of the one was Shiphrah, and of the other Puah;
16 And he said, When ye do the office of a midwife to HaIvriyyot (the Hebrew women) and see them upon the delivery stool; if it be a ben, then ye shall kill him; but if it be a bat, then she shall live.
17 But the meyalledot feared HaElohim, and did not as Melech Mitzrayim commanded them, but saved the yeladim alive.
18 So Melech Mitzrayim called for the meyalledot, and said unto them, Why have ye done this thing, and have saved the yeladim alive?
19 And the meyalledot said unto Pharaoh, Because HaIvriyyot are not as the Egyptian women; for they are vigorous, and are delivered before the meyalledot come in unto them.
20 Therefore Elohim dealt well with the meyalledot; and the people multiplied, and grew very strong.
21 And it came to pass, because the meyalledot feared HaElohim, that He established them batim.
22 And Pharaoh charged all his people, saying, Every ben that is born ye shall cast into the Nile, and every bat ye shall save alive.
2:1 And there went an ish of the Bais Levi, and took to wife a bat Levi.
2 And the isha conceived, and bore a ben; and when she saw him that he was tov, she hid him three months.
3 And when she could no longer hide him, she took for him a tevah (ark) of papyrus, and daubed it with tar and with pitch, and put the yeled therein; and she set it in the reeds by the bank of the Nile.
4 And his achot stood afar off, to see what would be done to him.
5 And the Bat Pharaoh came down to bathe herself at the Nile; and her na’arot walked along by the Nile’s bank; and when she saw the tevah (ark) among the reeds, she sent her amah (maid servant) to fetch it.
6 And when she had opened it, she saw the yeled; and, hinei, the na’ar was crying. And she had compassion on him, and said, This one is of the yaldei HaIvrim (Hebrew children).
7 Then said his achot to Bat Pharaoh, Shall I go and call to thee a nurse of HaIvriyyot, that she may nurse the yeled for thee?
8 And Bat Pharaoh said to her, Go. And haalmah [see Gn 24:43; Isa 7:14] went and called the em hayeled.
9 And Bat Pharaoh said unto her, Take this yeled away, and nurse it for me, and I will give thee thy wages. And the isha took the yeled, and nursed it.
10 And the yeled grew, and she brought him unto Bat Pharaoh, and he became her ben. And she called shmo Moshe: and she said, Because meshitihu (I drew him) out of the mayim.
11 And it came to pass in those days, when Moshe was grown, that he went out unto his achim, and looked on their sivlot: and he spied an Egyptian striking an ish Ivri, one of his achim.
12 And he looked this way and that way, and when he saw that there was no ish, he killed the Egyptian, and hid him in the chol (sand).
13 And when he went out the second day, hinei, two anashim Ivrim were fighting; he said to him in the wrong, Why strike thou thy re’a?
14 And he said, Who made thee a sar and a shofet over us? Intendest thou to kill me, as thou killedst the Egyptian? And Moshe feared, and thought, Surely this thing is known.
15 Now when Pharaoh heard this thing, he sought to slay Moshe. But Moshe fled from the face of Pharaoh, and dwelt in Eretz Midyan; and he sat down by a well.
16 Now the kohen of Midyan had sheva banot; and they came and drew mayim, and filled the troughs to water the tzon of their av.
17 And the ro’im (shepherds) came and drove them away; but Moshe stood up and rescued them, and watered their tzon.
18 And when they came to Reuel their av, he said, How is it that ye are come so soon today?
19 And they said, An Egyptian delivered us out of the yad of the ro’im (shepherds), and also drew enough for us, and watered the tzon.
20 And he said unto his banot, And where is he? Why is it that ye have left the ish? Call him, that he may eat lechem.
21 And Moshe was content to dwell with the ish; and he gave Moshe Tzipporah his bat.
22 And she bore him a ben, and he called shmo Gershom; for he said, I have been a ger in a foreign land.
23 And it came to pass in process of time, that Melech Mitzrayim died; and the Bnei Yisroel groaned by reason of haAvodah (the Bondage), and they cried out, and their cry came up unto HaElohim by reason of haAvodah.
24 And Elohim heard their groaning, and Elohim remembered His brit (covenant) with Avraham, with Yitzchak, and with Ya’akov.
25 And Elohim looked upon the Bnei Yisroel, and Elohim had da’as of them.
3:1 Now Moshe was ro’eh (shepherding) the tzon of Yitro his khoten (fatherin- law), the kohen Midyan; and he led the tzon to the backside of the midbar, and came to the Har HaElohim, even to Chorev.
2 And the Malach Hashem appeared unto him in a flame of eish out of the midst of a bush; and he looked, and, hinei, the bush burned with eish, and the bush was not consumed.
3 And Moshe thought, I will now turn aside, and see this mareh hagadol, why the bush is not burned up.
4 And when Hashem saw that he turned aside to see, Elohim called out unto him out of the midst of the bush, and said, Moshe, Moshe. And he said, Hineni.
5 And He said, Draw not nearer here; put off thy na’alayim (sandals) from off thy raglayim, for hamakom whereon thou standest is admat kodesh.
6 Moreover He said, I am Elohei Avicha, Elohei Avraham, Elohei Yitzchak, and Elohei Ya’akov. And Moshe hid his face; for he was afraid to look upon HaElohim.
7 And Hashem said, I have surely seen the oni ami (affliction of My people) which are in Mitzrayim, and have heard their cry by reason of their nogesim (taskmasters); for I know their makhovim (sufferings);
8 And I am come down to deliver them out of the yad Mitzrayim, and to bring them up out of that land unto an eretz tovah, a spacious eretz zavat cholov udevash; unto the place of the Kena’ani, and the Chitti, and the Emori, and the Perizzi, and the Chivi, and the Yevusi.
9 Now therefore, hinei, the cry of the Bnei Yisroel is come unto Me; and I have also seen the oppression wherewith the Egyptians oppress them.
10 Come now therefore, and I will send thee unto Pharaoh, that thou mayest bring forth My people the Bnei Yisroel out of Mitzrayim.
11 And Moshe said unto HaElohim, Who am I, that I should go unto Pharaoh, and that I should bring forth the Bnei Yisroel out of Mitzrayim?
12 And He said, Certainly Eh-heh-yeh (I will be [see verse below]) with thee; and this shall be haOt (the Sign) unto thee, that I have sent thee: when thou hast brought forth HaAm out of Mitzrayim, ye shall serve HaElohim upon this Har.
13 And Moshe said unto HaElohim, Hinei, when I come unto the Bnei Yisroel, and shall say unto them, Elohei Avoteichem hath sent me unto you; and they shall say to me, What is Shmo? what shall I say unto them?
14 And Elohim said unto Moshe, Eh-heh-yeh ashair Ehheh- yeh (I AM WHO I AM); and He said, Thus shalt thou say unto the Bnei Yisroel, EHHEH-YEH (I AM) hath sent me unto you.
15 And Elohim said moreover unto Moshe, Thus shalt thou say unto Bnei Yisroel: Hashem, Elohei Avoteichem, Elohei Avraham, Elohei Yitzchak, and Elohei Ya’akov, hath sent me unto you: this is Shemi l’olam, and this is My remembrance unto all generations.
16 Go, and gather the Ziknei Yisroel together, and say unto them, Hashem Elohei Avoteichem, Elohei Avraham, Yitzchak, and Ya’akov, appeared unto me, saying, I have surely visited you, and seen that which is done to you in Mitzrayim;
17 And I have said, I will bring you up out of the Oni Mitzrayim unto the eretz Kena’ani, and the Chitti, and the Emori, and the Perizzi, and the Chivi, and the Yevusi unto eretz zavat cholov udevash.
18 And they shall pay heed to thy voice; and thou shalt go, thou and the Ziknei Yisroel, unto Melech Mitzrayim, and ye shall say unto him, Hashem Elohei HaIvriyim hath met with us; and let us go, now, derech shloshet yamim into the midbar, that we may sacrifice to Hashem Eloheinu.
19 And I have da’as that Melech Mitzrayim will not let you go, no, except by a yad chazakah.
20 And I will stretch out My yad, and strike Mitzrayim with all My nifle’ot which I will do in the midst thereof; and after that he will let you go.
21 And I will give this people chen in the sight of the Egyptians; and it shall come to pass, that, when ye go, ye shall not go empty-handed.
22 But every isha shall borrow of her neighbor, and of her that sojourneth in her bais, jewels of kesef, and jewels of zahav, and clothing; and ye shall put them upon your banim, and upon your banot; so ye shall plunder the Egyptians.
4:1 And Moshe answered and said, But, what if they will not believe me, nor pay heed unto my voice but will say, Hashem hath not appeared unto thee.
2 And Hashem said unto him, What is that in thine yad? And he said, A matteh (a rod, staff).
3 And He said, Cast it on the ground. And he cast it on the ground, and it became a nachash; and Moshe fled from before it.
4 And Hashem said unto Moshe, Put forth thine yad, and take it by the tail. And he put forth his yad, and caught it, and it became a matteh in his yad;
5 That they may believe that Hashem Elohei Avotam, Elohei Avraham, Elohei Yitzchak, and Elohei Ya’akov, hath appeared unto thee.
6 And Hashem said furthermore unto him, Put now thine yad into thy kheyk. And he put his yad into his kheyk; and when he took it out, hinei, his yad was leprous as snow.
7 And He said, Put thine yad into thy kheyk again. And he put his yad into his kheyk again; and plucked it out of his kheyk, and, hinei, it was turned again as his other basar.
8 And it shall come to pass, if they will not believe thee, neither pay heed to the voice of haOt Harishon, that they will believe the voice of haOt haAcharon.
9 And it shall come to pass, if they will not believe also these two otot, neither pay heed unto thy voice, that thou shalt take of the mayim of the Nile, and pour it upon the yabashah (dry land); and the mayim which thou takest out of the Nile shall become dahm upon the yabashah.
10 And Moshe said unto Hashem, O Adonoi, I am not an ish devarim, neither heretofore, nor since Thou hast spoken unto Thy eved; but I am slow of speech, and of a slow lashon.
11 And Hashem said unto him, Who hath made man’s peh (mouth)? Or who maketh dumb, or deaf, or seeing, or blind? Is it not I, Hashem?
12 Now therefore go, and Eh-heh-yeh (I will be) with thy mouth, and teach thee what thou shalt say.
13 And he said, O Adonoi, send, now, by the yad of him whom Thou wilt send.
14 And the Af Hashem was kindled against Moshe, and He said, Is there not Aharon thy ach the Levi? I know that he can speak well. And also, hinei, he cometh forth to meet thee; and when he seeth thee, he will be glad in his lev.
15 And thou shalt speak unto him, and put words in his mouth; and Eh-heh-yeh (I will be) with thy mouth, and with his mouth, and will teach you what ye shall do.
16 And he shall be thy spokesman unto the people; and he shall be, even he shall be to thee instead of a mouth, and thou shalt be to him instead of Elohim.
17 And thou shalt take this matteh in thine yad, wherewith thou shalt do haOtot.
18 And Moshe went and returned to Yitro his khoten (father-in-law), and said unto him, Let me go, now, and return unto my achim which are in Mitzrayim, and see whether they be yet alive. And Yitro said to Moshe, Lech l’shalom (go in peace).
19 And Hashem said unto Moshe in Midyan, Go, shuv (return) into Mitzrayim; for all the anashim are dead which sought thy life.
20 And Moshe took his isha and his banim, and set them upon a donkey, and he returned to Eretz Mitzrayim; and matteh HaElohim in his yad.
21 And Hashem said unto Moshe, When thou goest to return into Mitzrayim, see that thou do all those mofetim before Pharaoh, which I have put in thine yad: but I will harden his lev, that he shall not let HaAm go.
22 And thou shalt say unto Pharaoh, Thus saith Hashem, Yisroel is beni (My son), even My bechor (first-born):
23 And I say unto thee, Let beni (My son) go, that he may serve Me: and if thou refuse to let him go, hinei, I will slay thy ben, even thy bechor.
24 And it came to pass on the derech at the malon, that Hashem met him, and sought to kill him.
25 Then Tzipporah took a sharp stone, and cut off the arlat ben (foreskin of son) of her, and cast it at his feet, and said, Surely a choson damim (a bridegroom of blood) art thou to me.
26 So He let him go; then she said, A choson damim thou art, because of the circumcision (i.e., [bris] milah).
27 And Hashem said to Aharon, Go into the midbar to meet Moshe. And he went, and met him in the Har HaElohim, and kissed him.
28 And Moshe told Aharon kol divrei Hashem who had sent him, and all haOtot He had commanded him.
29 And Moshe and Aharon went and assembled together kol Ziknei Bnei Yisroel;
30 And Aharon spoke all hadevarim which Hashem had spoken unto Moshe; and he did haOtot before the eyes of HaAm.
31 And HaAm believed; and when they heard that Hashem had visited the Bnei Yisroel, and that He had looked upon their oni, then they bowed their heads and worshiped.
5:1 And afterward Moshe and Aharon went in, and told Pharaoh, Thus saith Hashem Elohei Yisroel, Let My people go, that they may hold a chag (feast) unto Me in the midbar.
2 And Pharaoh said, Who is Hashem, that I should obey His voice to let Yisroel go? I know not Hashem, neither will I let Yisroel go.
3 And they said, Elohei HaIvrim hath met with us; let us go, now, derech shloshet yamim into the midbar, and sacrifice unto Hashem Eloheinu; lest He fall upon us with dever (cattle disease), or with the cherev.
4 And Melech Mitzrayim said unto them, Why do ye, Moshe and Aharon, disturb the people from their works? Get you back unto your own sivlot (burdens).
5 And Pharaoh said, Hinei, the Am HaAretz now are many, and ye make them rest from their sivlot.
6 And Pharaoh commanded the same day the nogesim of the people, and their foremen, saying,
7 Ye shall no more give HaAm straw to make brick, as heretofore; let them go and gather straw for themselves.
8 And the matkonet (quota) of the bricks, which they did make heretofore, ye shall lay upon them; ye shall not diminish ought thereof; for they are idle; therefore they cry out, saying, Let us go and sacrifice to Eloheinu.
9 Let there more avodah be laid upon the anashim, that they may labor therein; and let them not regard divrei sheker.
10 And the nogesim of HaAm went out, and their foremen; they spoke to HaAm, saying, Thus saith Pharaoh, I will not give you straw.
11 Go ye, get you straw where ye can find it; yet not ought of your avodah shall be diminished.
12 So HaAm were scattered abroad throughout kol Eretz Mitzrayim to gather stubble instead of straw.
13 And the nogesim pressed them, saying, Fulfil your ma’asim, your daily tasks, as when there was straw.
14 And the foremen of the Bnei Yisroel, which Pharaoh’s nogesim had set over them, were beaten, and were asked, Why have ye not fulfilled your task in making brick both yesterday and today, as heretofore?
15 Then the foremen of the Bnei Yisroel came and cried unto Pharaoh, saying, Why dealest thou thus with thy avadim?
16 There is no straw given unto thy avadim, and they say to us, Make brick. And, hinei, thy avadim are beaten; but the fault is in thine own people.
17 But he said, Ye are idle, ye are idle: therefore ye say, Let us go and do sacrifice to Hashem.
18 Go therefore now, and work; for there shall no straw be given you, yet shall ye deliver the tokhen (full measure) of bricks.
19 And the foremen of the Bnei Yisroel did see that they were in rah (trouble), after it was said, Ye shall not reduce ought from your bricks of your daily task.
20 And they went to meet Moshe and Aharon, who stood waiting to meet them, as they came forth from Pharaoh:
21 And they said unto them, Hashem look upon you, and judge; because ye have made us stench to be abhorred in the eyes of Pharaoh, and in the eyes of his avadim, to put a cherev in their yad to slay us.
22 And Moshe returned unto Hashem, and said, Adonoi, why hast Thou brought evil upon this people? why is it that Thou hast sent me?
23 For since I came to Pharaoh to speak in Thy Shem, he hath done evil to this people; neither hast Thou delivered Thy people at all.
6:1 Then Hashem said unto Moshe, Now shalt thou see what I will do to Pharaoh; for through a yad chazakah shall he let them go, and with a yad chazakah shall he drive them out of his land.)
Today's Laws & Customs:
Today in Jewish History:
Judah Touro (1854)
The 19th of Tevet the yahrtzeit (anniversary of the passing) of American Jewish philanthropist Judah Touro (1775-1854).
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CHITAS AND RAMBAM FOR TODAY:Judah Touro (1854)
The 19th of Tevet the yahrtzeit (anniversary of the passing) of American Jewish philanthropist Judah Touro (1775-1854).
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Chumash: Shemot, 7th Portion Exodus 5:1-6:1 with Rashi
• Chapter 5
1. And afterwards, Moses and Aaron came and said to Pharaoh, "So said the Lord God of Israel, 'Send out My people, and let them sacrifice to Me in the desert.' " א. וְאַחַר בָּאוּ משֶׁה וְאַהֲרֹן וַיֹּאמְרוּ אֶל פַּרְעֹה כֹּה אָמַר יְהֹוָה אֱלֹהֵי יִשְׂרָאֵל שַׁלַּח אֶת עַמִּי וְיָחֹגּוּ לִי בַּמִּדְבָּר:
And afterwards, Moses and Aaron came: But the elders slipped away one by one from following Moses and Aaron, until they had all slipped away before they arrived at the palace. [They did so] because they were afraid to go, and at Sinai, He punished them, [as it is written:] “And Moses shall draw near alone, but they shall not draw near” (Exod. 24:2). He sent them back. — [from Exodus Rabbah 5:14; Tanchuma, Shemoth 24]
ואחר באו משה ואהרן וגו': אבל הזקנים נשמטו אחד אחד מאחר משה ואהרן, עד שנשמטו כולם קודם שהגיעו לפלטין, לפי שיראו ללכת, ובסיני נפרע להם (כד ב) ונגש משה לבדו והם לא יגשו, החזירם לאחוריהם:
2. And Pharaoh said, "Who is the Lord that I should heed His voice to let Israel out? I do not know the Lord, neither will I let Israel out." ב. וַיֹּאמֶר פַּרְעֹה מִי יְהֹוָה אֲשֶׁר אֶשְׁמַע בְּקֹלוֹ לְשַׁלַּח אֶת יִשְׂרָאֵל לֹא יָדַעְתִּי אֶת יְהֹוָה וְגַם אֶת יִשְׂרָאֵל לֹא אֲשַׁלֵּחַ:
3. And they said, "The God of the Hebrews has happened upon us. Now let us go on a three day journey in the desert and sacrifice to the Lord our God, lest He strike us with a plague or with the sword." ג. וַיֹּאמְרוּ אֱלֹהֵי הָעִבְרִים נִקְרָא עָלֵינוּ נֵלֲכָה נָּא דֶּרֶךְ שְׁלשֶׁת יָמִים בַּמִּדְבָּר וְנִזְבְּחָה לַיהֹוָה אֱלֹהֵינוּ פֶּן יִפְגָּעֵנוּ בַּדֶּבֶר אוֹ בֶחָרֶב:
lest He strike us: Heb. פֶּן יִפְגָעֵנוּ. They should have said, “ פֶּן יִפְגָעֲ, lest He strike you,” but they imparted honor to the throne [and out of respect said this]. The word פְּגִיעָה denotes a fatal encounter. — [from Tanchuma, Va’era 2]
פן יפגענו: פן יפגעך היו צריכים לומר, אלא שחלקו כבוד למלכות. פגיעה זו לשון מקרה מות היא:
4. But the king of Egypt said to them, "Why, Moses and Aaron, do you disturb the people from their work? Go to your own labors." ד. וַיֹּאמֶר אֲלֵהֶם מֶלֶךְ מִצְרַיִם לָמָּה משֶׁה וְאַהֲרֹן תַּפְרִיעוּ אֶת הָעָם מִמַּעֲשָׂיו לְכוּ לְסִבְלֹתֵיכֶם:
do you disturb the people from their work: Heb. ךְתַּפְרִיעוּ, [meaning] you separate [them] and take them away from their work, because they listen to you and expect to rest from their work. Similarly, “Avoid it (פְּרָעֵהוּ), do not pass through it” (Prov. 4:15); [i.e.,] distance it. Similarly, “And you have avoided (וַךְתִּפְרְעוּ) all my advice” (Prov. 1: 25); “that it was (פָרֻעַ) ” (Exod. 32:25), [i.e.,] distanced and despised.
תפריעו את העם ממעשיו: תבדילו ותרחיקו אותם ממלאכתם, ששומעין לכם וסבורים לנוח מן המלאכה. וכן (משלי ד טו) פרעהו אל תעבר בו, רחקהו. וכן (שם א כה) ותפרעו כל עצתי, (שמות לב כה) כי פרוע הוא, נרחק ונתעב:
Go to your own labors: “Go to your work that you have to do in your houses.” But [he could not have been referring to the Egyptian bondage, because Moses and Aaron were from the tribe of Levi and] the labor of the Egyptian bondage was not incumbent upon the tribe of Levi. You should know [that this is true] for behold, Moses and Aaron were coming and going without permission. — [from Tanchuma, Va’era 6; Tanchuma Buber, Va’era 4]
לכו לסבלתיכם: לכו למלאכתכם שיש לכם לעשות בבתיכם. אבל מלאכת שעבוד מצרים לא היתה על שבטו של לוי, ותדע לך שהרי משה ואהרן יוצאים ובאים שלא ברשות:
5. And Pharaoh said, "Behold, now the people of the land are many, and you are stopping them from their labors." ה. וַיֹּאמֶר פַּרְעֹה הֵן רַבִּים עַתָּה עַם הָאָרֶץ וְהִשְׁבַּתֶּם אֹתָם מִסִּבְלֹתָם:
Behold, now the people of the land are many: Those who are required to work, and you stop them from their labors. This is a great loss.
הן רבים עתה עם הארץ: שהעבודה מוטלת עליהם ואתם משביתים אותם מסבלותם, הפסד גדול הוא זה:
6. So, on that day, Pharaoh commanded the taskmasters of the people and their officers, saying, ו. וַיְצַו פַּרְעֹה בַּיּוֹם הַהוּא אֶת הַנֹּגְשִׂים בָּעָם וְאֶת שֹׁטְרָיו לֵאמֹר:
the taskmasters: They were Egyptians, and the officers were Israelites. The taskmaster was appointed over many officers, and the officer was appointed to drive the workers.
הנגשים: מצריים היו, והשוטרים היו ישראלים, הנוגש ממונה על כמה שוטרים, והשוטר ממונה לרדות בעושי המלאכה:
7. "You shall not continue to give stubble to the people to make the bricks like yesterday and the day before yesterday. Let them go and gather stubble for themselves. ז. לֹא תֹאסִפוּן לָתֵת תֶּבֶן לָעָם לִלְבֹּן הַלְּבֵנִים כִּתְמוֹל שִׁלְשֹׁם הֵם יֵלְכוּ וְקשְׁשׁוּ לָהֶם תֶּבֶן:
stubble: Heb. ךְתֶּבֶן, estoble in Old French. They would knead it with the clay.
תבן: אשטובל"א [קש] היו גובלין אותו עם הטיט:
bricks: Heb. לְּבֵנִים, tivles in Old French, [tuiles in modern French, tiles] made from clay and dried in the sun; some people fire them in a kiln.
לבנים: טיולי"ש בלעז [רעפים] שעושים מטיט ומייבשין אותן בחמה, ויש ששורפין אותן בכבשן:
like yesterday and the day before yesterday: As you have been doing until now.
כתמול שלשם: כאשר הייתם עושים עד הנה:
and gather: Heb. וְקשְׁשׁוּ, and they shall gather.
וקששו: ולקטו:
8. But the number of bricks they have been making yesterday and the day before yesterday you shall impose upon them; you shall not reduce it, for they are lax. Therefore they cry out, saying, 'Let us go and sacrifice to our God.' ח. וְאֶת מַתְכֹּנֶת הַלְּבֵנִים אֲשֶׁר הֵם עֹשִׂים תְּמוֹל שִׁלְשֹׁם תָּשִׂימוּ עֲלֵיהֶם לֹא תִגְרְעוּ מִמֶּנּוּ כִּי נִרְפִּים הֵם עַל כֵּן הֵם צֹעֲקִים לֵאמֹר נֵלְכָה נִזְבְּחָה לֵאלֹהֵינוּ:
But the number of bricks: The sum of the number of bricks which each one made daily when they were given stubble, that sum you shall levy upon them now too, in order that the labor may fall heavy upon them.
ואת מתכנת הלבנים: סכום חשבון הלבנים שהיה כל אחד עושה ליום כשהיה התבן נתן להם, אותו סכום תשימו עליהם גם עתה, למען תכבד העבודה עליהם:
for they are lax: from the work. Therefore, their hearts turn to idleness, and they cry out, saying, “Let us go, etc.”
כי נרפים: מן העבודה הם, לכך לבם פונה אל הבטלה וצועקים לאמר נלכה וגו':
for they are lax: [The words], מַתְכֹּנֶת [and] וְתֹכֶן לְבֵנִים (verse 18) [mean the number of bricks, as in] “and to Him are deeds counted (נִתְפְּנוּ ” (I Sam. 2:3); “and the counted (הַמְתֻכָּן) money” (II Kings 12:12). All are terms denoting a quantity.
מתכנת: ותוכן לבנים (פסוק יט), ולו נתכנו עלילות (שמואל א' ב ג), את הכסף המתוכן (מלכים ב' יב יב), כולם לשון חשבון הם:
lax: Heb. נִרְפִּים The work is neglected in their hands and abandoned by them, and they are withdrawing themselves from it, retres in Old French, [meaning] withdrawn, removed.
נרפים: המלאכה רפויה בידם ועזובה מהם והם נרפים ממנה, רטריי"ש בלע"ז [אחיזתם רופפת]:
9. Let the labor fall heavy upon the men and let them work at it, and let them not talk about false matters." ט. תִּכְבַּד הָעֲבֹדָה עַל הָאֲנָשִׁים וְיַעֲשׂוּ בָהּ וְאַל יִשְׁעוּ בְּדִבְרֵי שָׁקֶר:
and let them not talk about false matters: Heb. וְאַל יִשְׁעוּ בְּדִבְרֵי שֶׁקֶר. Let them not constantly think and talk about matters of no substance, saying, “Let us go, let us sacrifice.” Similar to it is, “and I shall constantly engage (וְאֶשְׁעָה) in Your statutes” (Ps. 119:117). “For an example and for a byword (וְלִשְׁנִינָה)” (Deut. 28:37) is rendered [by Onkelos] as וּלְשׁוֹעִין. “And [the servant] told” (Gen. 24:66) is rendered וְאִשְׁךְתָּעֵי. It is, however, impossible to say that יִשְׁעוּ is [related to the] expression of “and the Lord turned (וַיִשַׁע) to Abel” (Gen. 424); “But to Cain and to his offering He did not turn (לֹא שָׁעָה) ” (Gen. 4:5); and to explain אַַַַַל יִשְׁעוּ as “and let them not turn.” If this were the case, Scripture should have written: וְאַל יִשְׁעוּ אֶל דִבְרֵי שָׁקֶר or שָׁקֶר לְדִבְרֵי, for that is the construction in all similar cases, e.g., “and shall turn (יִשְׁעֶה) to (עַל) His Maker" (Isa. 17:7); "and he shall not turn (וְלֹא יִשְׁעֶה) to (אֶל) the altars” (Isa. 17:8); “and they did not turn (וְלֹא ֹשָעו) to (עַל) the Holy One of Israel” (Isa. 31:1). I have not found the prefix “beth” immediately following them; after an expression of speech, however, concerning one who is engaged in speaking of a matter, the prefix “beth” is appropriate, e. g., “who talk about you (בְּ)” ; (Ezek. 33:30); “Miriam and Aaron talked about Moses (בְּמשֶׁה) ” (Num. 12: 1); “the angel who spoke with me (בִּי) ” (Zech. 4:1); “to speak of them (בָּם)” (Deut. 11:19); “And I shall speak of Your testimonies (בְעֵדֹתֶי) ” (Ps. 119:46). Here too, אַל יִשְׁעוּ בְּדִבְרֵי שָׁקֶר means: Let them not engage in speaking of words of vanity and nonsense.
ואל ישעו בדברי שקר: ואל יהגו וידברו תמיד בדברי רוח לאמר נלכה נזבחה. ודומה לו (תהילים קיט קיז) ואשעה בחקיך תמיד, (דברים כח לז) למשל ולשנינה, מתרגמינן ולשועין, (בראשית כד סו) ויספר ואשתעי. ואי אפשר לומר ישעו לשון (בראשית ד ד) וישע ה' אל הבל וגו', (שם ה) ואל קין ואל מנחתו לא שעה, ולפרש אל ישעו אל יפנו, שאם כן היה לו לכתוב ואל ישעו אל דברי שקר או לדברי שקר, כי כן גזרת כולם (ישעי' יז ז) ישעה האדם על עושהו, (שם לא א) ולא שעו על קדוש ישראל, (שם יז ח) ולא ישעה אל המזבחות, ולא מצאתי שמוש של בי"ת סמוכה לאחריהם, אבל אחר לשון דבור, במתעסק לדבר בדבר נופל לשון שמוש בי"ת, כגון (יחזקאל לג ל) הנדברים בך, (במדבר יב א) ותדבר מרים ואהרן במשה, (זכריה ד א) המלאך הדובר בי, (דברים יא יט) לדבר בם, (תהילים קיט מו) ואדברה בעדותיך, אף כאן אל ישעו בדברי שקר אל יהיו נדברים בדברי שוא והבאי:
10. So the taskmasters of the people and their officers came out and spoke to the people, saying, "So said Pharaoh, 'I am not giving you stubble. י. וַיֵּצְאוּ נֹגְשֵׂי הָעָם וְשֹׁטְרָיו וַיֹּאמְרוּ אֶל הָעָם לֵאמֹר כֹּה אָמַר פַּרְעֹה אֵינֶנִּי נֹתֵן לָכֶם תֶּבֶן:
11. You go take for yourselves stubble from wherever you find [it], because nothing will be reduced from your work.' " יא. אַתֶּם לְכוּ קְחוּ לָכֶם תֶּבֶן מֵאֲשֶׁר תִּמְצָאוּ כִּי אֵין נִגְרָע מֵעֲבֹדַתְכֶם דָּבָר:
You go take for yourselves stubble: And you must go with alacrity.
אתם לכו קחו לכם תבן: וצריכים אתם לילך בזריזות:
because nothing will be reduced from your work: from the entire amount of bricks that you were making daily, when you were given stubble prepared from the king’s house.
כי אין נגרע מעבדתכם דבר: מכל סכום לבנים שהייתם עושים ליום בהיות התבן ניתן לכם מזומן מבית המלך:
12. So the people scattered throughout the entire land of Egypt, to gather a gleaning for stubble. יב. וַיָּפֶץ הָעָם בְּכָל אֶרֶץ מִצְרָיִם לְקשֵׁשׁ קַשׁ לַתֶּבֶן:
to gather a gleaning for stubble: Heb. לְקשֵׁשׁ קַֹש, to gather a gathering, to collect a collection for the stubble [needed] for the clay.
לקשש קש לתבן: לאסוף אסיפה, ללקוט לקט לצורך תבן הטיט:
a gleaning: Heb., קַֹש an expression of collecting. Since it is a substance that scatters and requires collecting, it is called קַֹש in other places [also].
קש לקשש קש לתבן: לשון לקוט. על שם שדבר המתפזר הוא וצריך לקוששו, קרוי קש בשאר מקומות.
13. And the taskmasters were pressing [them], saying, "Finish your work, the requirement of each day in its day, just as when there was stubble." יג. וְהַנֹּגְשִׂים אָצִים לֵאמֹר כַּלּוּ מַעֲשֵׂיכֶם דְּבַר יוֹם בְּיוֹמוֹ כַּאֲשֶׁר בִּהְיוֹת הַתֶּבֶן:
were pressing [them]: Heb אָצִים, pressing-[from Targumim]
אצים: דוחקים:
the requirement of each day in its day: The quota of each day complete in its [i.e., on the same day, as you did when the stubble was prepared. — [from Onkelos]
דבר יום ביומו: חשבון של כל יום כלו ביומו, כאשר עשיתם בהיות התבן מוכן:
14. And the officers of the children of Israel whom Pharaoh's taskmasters had appointed over them were beaten, saying, "Why have you not completed your quota to make bricks like the day before yesterday, neither yesterday nor today?" יד. וַיֻּכּוּ שֹׁטְרֵי בְּנֵי יִשְׂרָאֵל אֲשֶׁר שָׂמוּ עֲלֵהֶם נֹגְשֵׂי פַרְעֹה לֵאמֹר מַדּוּעַ לֹא כִלִּיתֶם חָקְכֶם לִלְבֹּן כִּתְמוֹל שִׁלְשֹׁם גַּם תְּמוֹל גַּם הַיּוֹם:
And the officers of the children of Israel… were beaten: The officers were Israelites, and they had pity on their fellows, [and did] not press them. They would turn the bricks over to the taskmasters, who were Egyptians, and when something was missing form the [required] amount, they [the Egyptians] would flog them [the officers] because they did not press the workers. Therefore those officers merited to become the Sanhedrin, and some of the spirit that was upon Moses was taken and placed upon them, as it is said: “Gather to Me seventy men of the elders of Israel” (Num. 11:16), of those about whom you know the good that they did in Egypt, “that they are the elders of the people and its officers” (ibid.). — [from Tanchuma, Beha’alothecha 13 and Sifrei, Beha’alothecha 92]
ויכו שטרי בני ישראל: השוטרים ישראלים היו וחסים על חבריהם מלדחקם, וכשהיו משלימים הלבנים לנוגשים שהם מצריים, והיה חסר מן הסכום, היו מלקין אותם על שלא דחקו את עושי המלאכה, לפיכך זכו אותם שוטרים להיות סנהדרין, ונאצל מן הרוח אשר על משה, והושם עליהם, שנאמר (במדבר יא טז) אספה לי שבעים איש מזקני ישראל אשר ידעת, מאותן שידעת הטובה שעשו במצרים, כי הם זקני העם ושוטריו:
And the officers of the children of Israel… were beaten: [I. e.,] those whom Pharaoh’s taskmasters had appointed as officers over them-saying, “Why, etc.” Why were they beaten? Because they [the Egyptian taskmasters] said to them [the officers], “Why have you not completed either yesterday or today the fixed quota set upon you to make bricks, as [you did] the ‘third yesterday’?” This is the day before yesterday, which was when they had been given stubble.
ויכו שטרי בני ישראל: אשר שמו נוגשי פרעה אותם לשוטרים עליהם לאמר מדוע וגו'. למה ויכו, שהיו אומרים להם מדוע לא כליתם גם תמול גם היום חק הקצוב עליכם ללבון כתמול השלישי שהוא יום שלפני אתמול, והוא היה בהיות התבן נתן להם:
were beaten: Heb. וַיֻכּוּ They were the object of an action. [The word is in the “hoph’al” conjugation, the recipient of the “hiph’il.”] They were beaten by others; the taskmasters beat them.
ויכו: לשון ויופעלו, הוכו מיד אחרים, הנוגשים הכום:
15. So the officers of the children of Israel came and cried out to Pharaoh, saying, "Why do you do this to your servants? טו. וַיָּבֹאוּ שֹׁטְרֵי בְּנֵי יִשְׂרָאֵל וַיִּצְעֲקוּ אֶל פַּרְעֹה לֵאמֹר לָמָּה תַעֲשֶׂה כֹה לַעֲבָדֶיךָ:
16. Stubble is not given to your servants, but they tell us, 'Make bricks,' and behold, your servants are beaten, and your people are sinning." טז. תֶּבֶן אֵין נִתָּן לַעֲבָדֶיךָ וּלְבֵנִים אֹמְרִים לָנוּ עֲשׂוּ וְהִנֵּה עֲבָדֶיךָ מֻכִּים וְחָטָאת עַמֶּךָ:
but they tell us, ‘Make bricks’: The taskmasters [tell us]: “Make bricks, as many as the original number.”
ולבנים אמרים לנו עשו: כמנין הראשון:
and your people are sinning: Heb. וְחָטָאתעַמֶ. If it were vowelized with a “pattach” (חַטָאת), I would say that it is connected, [i.e., in the construct state, and so it means:] and this thing is the sin of your people. However, since it is [vowelized with] a “kamatz” (חָטָאת), it is a noun [in the absolute state], and this is its meaning: and this thing brings sin upon your people, as if it were written: לְעַמֶ וְחַָטָאת, like “when they came to Beth-lehem (בֵּיתלָחֶם) ” (Ruth 1:19), which is the equivalent of לְבֵיתלָחֶם, and similarly with many [others].
וחטאת עמך: אלו היה נקוד פת"ח הייתי אומר שהוא דבוק, ודבר זה חטאת עמך הוא, עכשיו שהוא קמ"ץ, שם דבר הוא. וכך פירושו ודבר זה מביא חטאת על עמך, כאלו כתוב וחטאת לעמך, כמו (רות א יט) כבאנה בית לחם, שהוא כמו לבית לחם וכן הרבה:
17. But he said, "You are lax, just lax. Therefore, you say, 'Let us go, let us sacrifice to the Lord.' יז. וַיֹּאמֶר נִרְפִּים אַתֶּם נִרְפִּים עַל כֵּן אַתֶּם אֹמְרִים נֵלְכָה נִזְבְּחָה לַיהֹוָה:
18. And now, go and work, but you will not be given stubble. Nevertheless, the [same] number of bricks you must give." יח. וְעַתָּה לְכוּ עִבְדוּ וְתֶבֶן לֹא יִנָּתֵן לָכֶם וְתֹכֶן לְבֵנִים תִּתֵּנוּ:
Nevertheless the [same] number of bricks: Heb. וְתֹכֶן לְבֵנִים, the count of the bricks, and similarly, " הַכֶּסֶף הַמְתֻכָּן, the counted money” (II Kings 12:12), as is stated in that section, “and packed and counted the money” (II Kings 12:11). — [from Onkelos]
ותכן לבנים: חשבון הלבנים, וכן (מלכים ב יב יב) את הכסף המתוכן, המנוי, כמו שאמר בענין (שם יא) ויצורו וימנו את הכסף:
19. The officers of the children of Israel saw them in distress, saying, "Do not reduce [the number] of your bricks, the requirement of each day in its day." יט. וַיִּרְאוּ שֹׁטְרֵי בְנֵי יִשְׂרָאֵל אֹתָם בְּרָע לֵאמֹר לֹא תִגְרְעוּ מִלִּבְנֵיכֶם דְּבַר יוֹם בְּיוֹמוֹ:
The officers of the children of Israel saw: their fellows who were driven by them.
ויראו שטרי בני ישראל: את חבריהם הנרדים על ידם:
in distress: They saw them in the distress and trouble that befell them when they had to make the work heavy upon them, saying, “Do not reduce, etc.”
ברע: ראו אותם ברעה וצרה המוצאת אותם בהכבידם העבודה עליהם לאמר לא תגרעו וגו':
20. They met Moses and Aaron standing before them when they came out from Pharaoh's presence. כ. וַיִּפְגְּעוּ אֶת משֶׁה וְאֶת אַהֲרֹן נִצָּבִים לִקְרָאתָם בְּצֵאתָם מֵאֵת פַּרְעֹה:
They met: Men of Israel [met] Moses and Aaron, etc. Our Rabbis expounded: Every [instance of] נִצִים, quarreling, and נִ צָּבִים, standing, is a reference to Dathan and Abiram, about whom it is said: “came out and stood upright” (Num. 16:27). — [from Ned. 64b]
ויפגעו: אנשים מישראל את משה ואת אהרן וגו'. ורבותינו דרשו כל נצים ונצבים דתן ואבירם היו, שנאמר בהם יצאו נצבים:
21. And they said to them, "May the Lord look upon you and judge, for you have brought us into foul odor in the eyes of Pharaoh and in the eyes of his servants, to place a sword into their hand[s] to kill us." כא. וַיֹּאמְרוּ אֲלֵהֶם יֵרֶא יְהֹוָה עֲלֵיכֶם וְיִשְׁפֹּט אֲשֶׁר הִבְאַשְׁתֶּם אֶת רֵיחֵנוּ בְּעֵינֵי פַרְעֹה וּבְעֵינֵי עֲבָדָיו לָתֶת חֶרֶב בְּיָדָם לְהָרְגֵנוּ:
22. So Moses returned to the Lord and said, "O Lord! Why have You harmed this people? Why have You sent me? כב. וַיָּשָׁב משֶׁה אֶל יְהֹוָה וַיֹּאמַר אֲדֹנָי לָמָה הֲרֵעֹתָה לָעָם הַזֶּה לָמָּה זֶּה שְׁלַחְתָּנִי:
Why have You harmed this people?: And if You ask, “What is it to you?” [I answer,] “I am complaining that You have sent me.” -[from Tanchuma, Va’era 6]
למה הרעתה לעם הזה: ואם תאמר מה איכפת לך, קובל אני על ששלחתני:
23. Since I have come to Pharaoh to speak in Your name, he has harmed this people, and You have not saved Your people." כג. וּמֵאָז בָּאתִי אֶל פַּרְעֹה לְדַבֵּר בִּשְׁמֶךָ הֵרַע לָעָם הַזֶּה וְהַצֵּל לֹא הִצַּלְתָּ אֶת עַמֶּךָ:
he has harmed this people: Heb. הֵרַע, a causative expression. He brought much harm upon them, and the targum renders: אַבְאֵשׁ
הרע: לשון הפעיל הוא, הרבה רעה עליהם. ותרגומו אבאיש:
Chapter 6
1. And the Lord said to Moses, "Now you will see what I will do to Pharaoh, for with a mighty hand he will send them out, and with a mighty hand he will drive them out of his land." א. וַיֹּאמֶר יְהֹוָה אֶל משֶׁה עַתָּה תִרְאֶה אֲשֶׁר אֶעֱשֶׂה לְפַרְעֹה כִּי בְיָד חֲזָקָה יְשַׁלְּחֵם וּבְיָד חֲזָקָה יְגָרְשֵׁם מֵאַרְצוֹ:
Now you will see, etc.: You have questioned My ways [of running the world, which is] unlike Abraham, to whom I said, “For in Isaac will be called your seed” (Gen. 21:12), and afterwards I said to him, “Bring him up there for a burnt offering” (Gen. 22:2), yet he did not question Me. Therefore, now you will see. What is done to Pharaoh you will see, but not what is done to the kings of the seven nations when I bring them [the children of Israel] into the land [of Israel]. — [from Sanh. 111a]
עתה תראה וגו': הרהרת על מדותי, לא כאברהם שאמרתי לו (בראשית כא יב) כי ביצחק יקרא לך זרע, ואחר כך אמרתי לו (שם כב ב) העלהו לעולה, ולא הרהר אחרי, לפיכך עתה תראה. העשוי לפרעה תראה, ולא העשוי למלכי שבעה אומות, כשאביאם לארץ:
for with a mighty hand he will let them go: Because of My mighty hand, which will overpower Pharaoh, he will let them go.
כי ביד חזקה ישלחם: מפני ידי החזקה שתחזק עליו ישלחם:
and with a mighty hand he will drive them out of his land: Against Israel’s will he will drive them out, and they will not have time to make provisions for themselves, and so He says, “And the Egyptians pressed the people strongly, etc.” (Exod. 12:33).
וביד חזקה יגרשם מארצו: על כרחם של ישראל יגרשם, ולא יספיקו לעשות להם צידה. וכן הוא אומר (שמות יב לג) ותחזק מצרים על העם למהר לשלחם וגו':
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Daily Tehillim: Psalms Chapters 90 - 96
• Chapter 90
David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Chapter 91
This psalm inspires the hearts of the people to seek shelter under the wings of the Divine Presence. It also speaks of the four seasons of the year, and their respective ministering powers, instructing those who safeguard their souls to avoid them.
1. You who dwells in the shelter of the Most High, who abides in the shadow of the Omnipotent:
2. I say of the Lord who is my refuge and my stronghold, my God in whom I trust,
3. that He will save you from the ensnaring trap, from the destructive pestilence.
4. He will cover you with His pinions and you will find refuge under His wings; His truth is a shield and an armor.
5. You will not fear the terror of the night, nor the arrow that flies by day;
6. the pestilence that prowls in the darkness, nor the destruction that ravages at noon.
7. A thousand may fall at your [left] side, and ten thousand at your right, but it shall not reach you.
8. You need only look with your eyes, and you will see the retribution of the wicked.
9. Because you [have said,] "The Lord is my shelter," and you have made the Most High your haven,
10. no evil will befall you, no plague will come near your tent.
11. For He will instruct His angels in your behalf, to guard you in all your ways.
12. They will carry you in their hands, lest you injure your foot upon a rock.
13. You will tread upon the lion and the viper; you will trample upon the young lion and the serpent.
14. Because he desires Me, I will deliver him; I will fortify him, for he knows My Name.
15. When he calls on Me, I will answer him; I am with him in distress. I will deliver him and honor him.
16. I will satiate him with long life, and show him My deliverance.
Chapter 92
Sung every Shabbat by the Levites in the Holy Temple, this psalm speaks of the World to Come, and comforts the hearts of those crushed by suffering.
1. A psalm, a song for the Shabbat day.
2. It is good to praise the Lord, and to sing to Your Name, O Most High;
3. to proclaim Your kindness in the morning, and Your faithfulness in the nights,
4. with a ten-stringed instrument and lyre, to the melody of a harp.
5. For You, Lord, have gladdened me with Your deeds; I sing for joy at the works of Your hand.
6. How great are Your works, O Lord; how very profound Your thoughts!
7. A brutish man cannot know, a fool cannot comprehend this:
8. When the wicked thrive like grass, and all evildoers flourish-it is in order that they may be destroyed forever.
9. But You, Lord, are exalted forever.
10. Indeed, Your enemies, O Lord, indeed Your enemies shall perish; all evildoers shall be scattered.
11. But You have increased my might like that of a wild ox; I am anointed with fresh oil.
12. My eyes have seen [the downfall of] my watchful enemies; my ears have heard [the doom of] the wicked who rise against me.
13. The righteous will flourish like a palm tree, grow tall like a cedar in Lebanon.
14. Planted in the House of the Lord, they shall blossom in the courtyards of our God.
15. They shall be fruitful even in old age; they shall be full of sap and freshness-
16. to declare that the Lord is just; He is my Strength, and there is no injustice in Him.
Chapter 93
This psalm speaks of the Messianic era, when God will don grandeur-allowing no room for man to boast before Him as did Nebuchadnezzar, Pharaoh, and Sennacherib.
1. The Lord is King; He has garbed Himself with grandeur; the Lord has robed Himself, He has girded Himself with strength; He has also established the world firmly that it shall not falter.
2. Your throne stands firm from of old; You have existed forever.
3. The rivers have raised, O Lord, the rivers have raised their voice; the rivers raise their raging waves.
4. More than the sound of many waters, than the mighty breakers of the sea, is the Lord mighty on High.
5. Your testimonies are most trustworthy; Your House will be resplendent in holiness, O Lord, forever.
Chapter 94
An awe-inspiring and wondrous prayer with which every individual can pray for the redemption. It is also an important moral teaching.
1. The Lord is a God of retribution; O God of retribution, reveal Yourself!
2. Judge of the earth, arise; render to the arrogant their recompense.
3. How long shall the wicked, O Lord, how long shall the wicked exult?
4. They continuously speak insolently; all the evildoers act arrogantly.
5. They crush Your people, O Lord, and oppress Your heritage.
6. They kill the widow and the stranger, and murder the orphans.
7. And they say, "The Lord does not see, the God of Jacob does not perceive.”
8. Understand, you senseless among the people; you fools, when will you become wise?
9. Shall He who implants the ear not hear? Shall He who forms the eye not see?
10. Shall He who chastises nations not punish? Shall He who imparts knowledge to man [not know]?
11. The Lord knows the thoughts of man, that they are naught.
12. Fortunate is the man whom You chastise, O Lord, and instruct him in Your Torah,
13. bestowing upon him tranquillity in times of adversity, until the pit is dug for the wicked.
14. For the Lord will not abandon His people, nor forsake His heritage.
15. For judgment shall again be consonant with justice, and all the upright in heart will pursue it.
16. Who would rise up for me against the wicked ones; who would stand up for me against the evildoers?
17. Had the Lord not been a help to me, my soul would have soon dwelt in the silence [of the grave].
18. When I thought that my foot was slipping, Your kindness, O Lord, supported me.
19. When my [worrisome] thoughts multiply within me, Your consolation delights my soul.
20. Can one in the seat of evil, one who makes iniquity into law, consort with You?
21. They band together against the life of the righteous, and condemn innocent blood.
22. The Lord has been my stronghold; my God, the strength of my refuge.
23. He will turn their violence against them and destroy them through their own wickedness; the Lord, our God, will destroy them.
Chapter 95
This psalm speaks of the future, when man will say to his fellow, "Come, let us sing and offer praise to God for the miracles He has performed for us!"
1. Come, let us sing to the Lord; let us raise our voices in jubilation to the Rock of our deliverance.
2. Let us approach Him with thanksgiving; let us raise our voices to Him in song.
3. For the Lord is a great God, and a great King over all supernal beings;
4. in His hands are the depths of the earth, and the heights of the mountains are His.
5. Indeed, the sea is His, for He made it; His hands formed the dry land.
6. Come, let us prostrate ourselves and bow down; let us bend the knee before the Lord, our Maker.
7. For He is our God, and we are the people that He tends, the flock under His [guiding] hand-even this very day, if you would but hearken to His voice!
8. Do not harden your heart as at Merivah, as on the day at Massah in the wilderness,
9. where your fathers tested Me; they tried Me, though they had seen My deeds.
10. For forty years I quarreled with that generation; and I said, "They are a people of erring hearts, they do not know My ways.”
11. So I vowed in My anger that they would not enter My resting place.
Chapter 96
The time will yet come when man will say to his fellow: "Come, let us sing to God!"
1. Sing to the Lord a new song; sing to the Lord, all the earth.
2. Sing to the Lord, bless His Name; proclaim His deliverance from day to day.
3. Recount His glory among the nations, His wonders among all the peoples.
4. For the Lord is great and highly praised; He is awesome above all gods.
5. For all the gods of the nations are naught, but the Lord made the heavens.
6. Majesty and splendor are before Him, might and beauty in His Sanctuary.
7. Render to the Lord, O families of nations, render to the Lord honor and might.
8. Render to the Lord honor due to His Name; bring an offering and come to His courtyards.
9. Bow down to the Lord in resplendent holiness; tremble before Him, all the earth.
10. Proclaim among the nations, "The Lord reigns"; indeed, the world is firmly established that it shall not falter; He will judge the peoples with righteousness.
11. The heavens will rejoice, the earth will exult; the sea and its fullness will roar.
12. The fields and everything therein will jubilate; then all the trees of the forest will sing.
13. Before the Lord [they shall rejoice], for He has come, for He has come to judge the earth; He will judge the world with justice, and the nations with His truth.
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Tanya: Likutei Amarim, middle of Chapter 13
• Lessons in Tanya
• Today's Tanya Lesson
Shabbat, 19 Tevet 5775 • 10 January 2015
Likutei Amarim, middle of Chapter 13
ואף מי שבתורת ה׳ חפצו, ויהגה בה יומם ולילה לשמה
Even if one’s entire aspiration is in G‑d’s Torah, which he studies day and night for its own sake,
אין זו הוכחה כלל שנדחה הרע ממקומו
this is still no proof whatever that the evil has been dislodged from its place.
אלא יכול להיות שמהותו ועצמותו הוא בתקפו ובגבורתו במקומו בחלל השמאלי
Perhaps, rather, the essence and substance of the evil are in their full strength and might in its abode in the left part of the heart,
רק שלבושיו שהם מחשבה דבור ומעשה של נפש הבהמית אינן מתלבשים במוח והפה והידים ושאר אברי הגוף
except that its garments — namely, the thought, speech and action of the animal soul — are not invested in the brain, mouth and hands and other parts of the body, to think and do that which is forbidden,
מפני ה׳ שנתן שליטה וממשלה למוח על הלב
because G‑d has granted the mind supremacy and dominion over the heart.
ולכן נפש האלקית שבמוח מושלת בעיר קטנה, אברי הגוף כולם
Therefore the divine soul in the mind rules over the “small city,” i.e., [over] all the parts of the body,
שיהיו לבוש ומרכבה
making them,the body’s organs, serve as “garment and vehicle”
I.e., as a means of expression (“garment”) that is totally subservient to its user (as is a “vehicle” to its rider); thus, because of its G‑d-given supremacy, the divine soul is able to use the body’s organs as a “garment and vehicle” —
לשלשת לבושיה שיתלבשו בהם, שהם מחשבה דבור ומעשה של תרי״ג מצות התורה
through which its three “garments” — namely, the thought, speech and action of the Torah’s 613 commandments — are expressed (“clothed”).
It may be, then, that with regard to this individual’s thinking and speaking words of Torah and performing the mitzvot, the divine soul rules over the body; in this area the divine soul has the upper hand and the animal soul is subservient.
אבל מהותה ועצמותה של נפש האלקית אין לה שליטה וממשלה על מהות ועצמותה של נפש הבהמית בבינוני
However, in its essence and substance the divine soul has no preponderance over the essence and substance of the animal soul, in the case of a Beinoni,
כי אם בשעה שאהבת ה׳ הוא בהתגלות לבו
except at those times when his love for G‑d manifests itself in his heart
בעתים מזומנים כמו בשעת התפלה וכיוצא בה
on propitious occasions such as during prayer and the like.
Then, as mentioned in the previous chapter, the Beinoni is aroused to a burning love of G‑d that causes the evil of the animal soul to be nullified before the goodness of the divine soul.
ואף גם זאת הפעם
Even then, during those times when the divine soul gains the upper hand over the animal soul,
אינה רק שליטה וממשלה לבד
it is limited to preponderance and dominion alone, i.e., the divine soul succeeds in dominating the animal soul, not in vanquishing it, in the sense of nullifying its essence.
כדכתיב: ולאום מלאום יאמץ
As is written of the battle between Jacob and Esau,1 allegorically representing the war between the good and evil in man’s soul: “And one nation shall prevail over the other.” Jacob, exemplifying the good, merely prevails over Esau, the evil, but does not succeed in totally vanquishing him.
כשזה קם זה נופל, וכשזה קם כו׳
This agrees with our Sages‘ comment on this verse: “When this one rises and prevails that one falls, and when that one rises…[this one falls].”
The animal soul, although it had “fallen” during prayer, is afterwards able to “rise” and rally once again, indicating that the divine soul had not succeeded in vanquishing it even during prayer, for which reason even its dominance is only temporary.2
שנפש האלקית מתאמצת ומתגברת על נפש הבהמית במקור הגבורות, שהיא בינה
Thus, the divine soul gains strength and ascendancy over the animal soul, in the source of strength [“Gevurot”], which is understanding [“Binah”] —
In the Kabbalah’s description of the Sefirot, Binah is the source of Gevurah. In terms of one’s divine soul, this means that the source of its strength (“Gevurah”) to combat the animal soul is found in its faculty of understanding (“Binah”), the faculty with which it understands the greatness of G‑d.
להתבונן בגדולת ה׳ אין סוף ברוך הוא, ולהוליד אהבה עזה לה׳ כרשפי אש בחלל הימני שבלבו
[Thus, when the divine soul gains strength…over the animal soul…during prayer,] pondering on the greatness of G‑d, the blessed Ein Sof, and [thereby] giving birth to intense and flaming love of G‑d in the right part of his heart;
ואז אתכפיא סטרא אחרא שבחלל השמאלי
and then when the divine soul dominates the animal soul with its intense and revealed love of G‑d, the sitra achra (the evil of the animal soul) in the left part of the heart is subjugated.
אבל לא נתבטל לגמרי בבינוני, אלא בצדיק, שנאמר בו: ולבי חלל בקרבי
But it is not entirely abolished, in the case of the Beinoni; it is so only in a tzaddik, concerning whom it is said,3 “My heart is void4 within me.” The abode in the heart usually occupied by the evil inclination is void in the heart of a tzaddik.
והוא מואס ברע ושונאו בתכלית השנאה והמיאוס, או שלא בתכלית השנאה כנ״ל
He — the tzaddik —despises and loathes evil with a consummate hatred if he is a “complete” tzaddik, or without quite such utter hatred if he is an “incomplete” tzaddik, as explained above in ch. 10.
אבל בבינוני הוא דרך משל כאדם שישן, שיכול לחזור וליעור משנתו
All the above applies to the tzaddik. But in a Beinoni [the evil] merely lies dormant, as with a sleeping man, for example, who can awaken from his sleep at any time and reactivate his faculties.
כך הרע בבינוני הוא כישן בחלל השמאלי
So is the evil in the Beinoni dormant, as it were, in the left part of the heart, not functioning at all, not even desiring physical pleasures —
בשעת קריאת שמע ותפלה, שלבו בוער באהבת ה׳
during the recital of the Shema and Amidah, when his heart is aglow with the love of G‑d, causing the evil of the animal soul to be dormant.
ואחר כך יכול להיות חוזר וניעור
[Therefore,] after prayer it can reawaken.
The Alter Rebbe will now describe an even higher level of Beinoni — one who is permeated throughout the day with the same degree of love for G‑d that he feels during prayer. The animal soul of such a Beinoni is permanently dormant. Accordingly, we will understand how it was possible for Rabbah to classify himself mistakenly as a Beinoni.
In ch. 1 it was proved that the term Beinoni could not refer (as a literal interpretation would lead us to believe) to a person half of whose deeds are virtuous and half sinful. Were this so, how could such a sage like Rabbah, who never neglected his Torah study for even a moment, make the mistake of classifying himself as a Beinoni?
However, the Alter Rebbe’s definition of Beinoni as one who does not sin in practice, does not seem to satisfy this difficulty. Indeed, as the Alter Rebbe explained in ch. 12, a Beinoni never sins; yet he has sinful desires. Rabbah, who was in fact a tzaddik, must have known full well that he was free of such desire. How then could he even mistakenly classify himself as a Beinoni?
According to the discussion which now follows concerning the level of the Beinoni who never even desires evil, this matter is readily understood:
ולכן היה רבה מחזיק עצמו כבינוני, אף דלא פסיק פומיה מגירסא
For this reason Rabbah considered himself a Beinoni, though his mouth never ceased from Torah study,
ובתורת ה׳ חפצו יומם ולילה בחפיצה וחשיקה ותשוקה
and his desire was in [studying] G‑d’s Torah day and night, with a craving, desire and longing,
ונפש שוקקה לה׳ באהבה רבה, כבשעת קריאת שמע ותפלה
his soul yearning for G‑d with overwhelming love, such as that experienced during the recitation of the Shema and the Amidah.
During prayer, as mentioned above, the Beinoni’s heart is aroused to a love of G‑d so passionate that he does not feel the evil of his animal soul at all. Rabbah, however, experienced this arousal of love not only during prayer but throughout the day. Therefore, his animal soul was always dormant and he never desired mundane matters.
ונדמה בעיניו כבינוני המתפלל כל היום
It was therefore possible for him to consider himself a Beinoni, for he appeared in his own eyes as a Beinoni who prays all day, i.e., a Beinoni who throughout the day retains the level attained during prayer,
וכמאמר רז״ל: הלואי שיתפלל אדם כל היום כלו
as, indeed, our Sages have said,5 “Would that a man pray the whole day long!”
Such a Beinoni is constantly ablaze with the love of G‑d, and consequently his desire for evil is always dormant, as explained. Therefore, the absence of any evil desires did not conclusively prove to Rabbah that he was a tzaddik; it was still possible for him to maintain that he was a Beinoni — a Beinoni “who prays all day long.”
What emerges from all that has been said is that even during prayer when the Beinoni succeeds in arousing his love of G‑d and rendering the evil dormant, his divine soul has merely prevailed over his animal soul but has not vanquished it, for which reason it is possible for this state to cease after prayer. Therefore, the Beinoni’s level of divine service is not considered truthful when compared to the service of the tzaddik. For “truth” implies continuity and consistency.
The Alter Rebbe goes on to explain that nevertheless, the Beinoni’s love — relative to his standing — is considered a true form of service.
FOOTNOTES
1. Bereishit 25:23.
2. Based on a note by the Rebbe. The Rebbe explains thereby why the Alter Rebbe quotes only half of the second phrase — “When this one (referring to the divine soul) rises, that one (the animal soul) falls; and when that one (the animal soul) rises...” — without concluding the part of the quotation that deals with the divine soul. The Alter Rebbe’s purpose in quoting the second phrase is to show that the animal soul could rise once again, though it had “fallen” during prayer. The rest of the phrase is thus irrelevant here.
3. Tehillim 109:22.
4. The word חלל has two meanings: “void”, and “slain”. The Rebbe points out that the Alter Rebbe understands the חלל of this verse to mean “void”. This may be inferred from ch. 1, where he interprets the verse as meaning that “he (David HaMelech) had no Yetzer Hara.” The Alter Rebbe continues there: “for he had slain it through fasting,” only as added explanation (not in order to interpret the word חלל) — to indicate that David had not attained the level of Avraham Avinu, who had transformed his Yetzer Hara (as stated in Talmud Yerushalmi, end of Berachot ch. 9; David had merely slain it. In the case of Avraham Avinu, his heart was indeed not void, but in fact this was his virtue: his heart still housed the Yetzer Hara, but that Yetzer Hara had undergone such a metamorphosis that is was now a Yetzer Tov.
From Rashi’s commentary on Berachot, however, and also from the plain sense of the Yerushalmi, it appears that the meaning of חלל is “slain”. In his commentary on this verse in Tehillim, Rashi cites both interpretations.
____________________________
Rambam:
Daily Mitzvah P13 Sefer Hamitzvot
Today's Mitzvah
Shabbat, 19 Tevet, 5775 • 10 January 2015
Daily Mitzvah P13 Sefer Hamitzvot
Today's Mitzvah
Shabbat, 19 Tevet, 5775 • 10 January 2015
Positive Commandment 13
The Arm Tefillin
"And you shall bind them for a sign upon your arm"—Deuteronomy 6:8.
Men are obligated to wrap tefillin on their arms.
The Arm Tefillin
Positive Commandment 13
Translated by Berel Bell
The 13th mitzvah is that we are commanded in the actions1 involving the tefillin worn on the arm.
The source of this commandment is G‑d's statement (exalted be He), "And you shall bind them for a sign upon your hand."2
This mitzvah is also repeated in the Torah four times.3
The proof that the tefillin of the head and of the hand count as two separate mitzvos is from the tractate Menachos.4 In this passage, the Sages expressed surprise at the one who proposed that one may not wear the tefillin of the head and of the hand independently unless both of them are available.5 The exact quote is, "One who doesn't have two mitzvos, shouldn't do one mitzvah?!"
The meaning of this statement: A person that does not have the possibility of performing two mitzvos shouldn't perform at least one mitzvah?! Certainly not — he should perform the mitzvah available to him, and therefore don whichever of them [i.e. tefillin of the head or of the hand] is available.
We see from this passage that tefillin of the hand and of the head are called "two mitzvos."
Women are not obligated in these two mitzvos [of tefillin]. This exemption can be seen from G‑d's statement (exalted be He) stating the reason for this obligation [of wearing tefillin], "In order that G‑d's Torah be in your mouth"6 — and women are not obligated in Torah study. This is the Mechilta's explanation.
All the details of these two mitzvos have been explained in the 4th chapter of Menachos.7
FOOTNOTES
1.In addition to actually tying the tefillin on the hand, the writing of the tefillin, forming the boxes, etc., are also included in the mitzvah. See Kapach etc., 5731, note 56. P'er Hamelech, p. 47
2.Deut. 6:8.
3.Ex. 13:9; 13:16; Deut. 6:8; 11:18.
4.44a.
5.I.e. only when the person has both tefillin (head and hand) is he allowed to wear one of them without the other. However, should he have only one of them, even that one may not be worn. The Gemara explains this Sage's rationale: if we allow such a person to wear the one type of tefillin which he has, perhaps he will be lax and never acquire the second type of tefillin. However, if the person has both tefillin available to him, we have no such suspicion. See Menachos 44a. Rashi, ibid. Kapach, 5731 ed. note 60, regarding the previous erroneous translation from the Arabic.
6.Ex. 13:9.
7.31b. In our versions of the Gemara, this is the third chapter. See Kapach, 5731, note 64.
________________________________________
The Arm Tefillin
"And you shall bind them for a sign upon your arm"—Deuteronomy 6:8.
Men are obligated to wrap tefillin on their arms.
The Arm Tefillin
Positive Commandment 13
Translated by Berel Bell
The 13th mitzvah is that we are commanded in the actions1 involving the tefillin worn on the arm.
The source of this commandment is G‑d's statement (exalted be He), "And you shall bind them for a sign upon your hand."2
This mitzvah is also repeated in the Torah four times.3
The proof that the tefillin of the head and of the hand count as two separate mitzvos is from the tractate Menachos.4 In this passage, the Sages expressed surprise at the one who proposed that one may not wear the tefillin of the head and of the hand independently unless both of them are available.5 The exact quote is, "One who doesn't have two mitzvos, shouldn't do one mitzvah?!"
The meaning of this statement: A person that does not have the possibility of performing two mitzvos shouldn't perform at least one mitzvah?! Certainly not — he should perform the mitzvah available to him, and therefore don whichever of them [i.e. tefillin of the head or of the hand] is available.
We see from this passage that tefillin of the hand and of the head are called "two mitzvos."
Women are not obligated in these two mitzvos [of tefillin]. This exemption can be seen from G‑d's statement (exalted be He) stating the reason for this obligation [of wearing tefillin], "In order that G‑d's Torah be in your mouth"6 — and women are not obligated in Torah study. This is the Mechilta's explanation.
All the details of these two mitzvos have been explained in the 4th chapter of Menachos.7
FOOTNOTES
1.In addition to actually tying the tefillin on the hand, the writing of the tefillin, forming the boxes, etc., are also included in the mitzvah. See Kapach etc., 5731, note 56. P'er Hamelech, p. 47
2.Deut. 6:8.
3.Ex. 13:9; 13:16; Deut. 6:8; 11:18.
4.44a.
5.I.e. only when the person has both tefillin (head and hand) is he allowed to wear one of them without the other. However, should he have only one of them, even that one may not be worn. The Gemara explains this Sage's rationale: if we allow such a person to wear the one type of tefillin which he has, perhaps he will be lax and never acquire the second type of tefillin. However, if the person has both tefillin available to him, we have no such suspicion. See Menachos 44a. Rashi, ibid. Kapach, 5731 ed. note 60, regarding the previous erroneous translation from the Arabic.
6.Ex. 13:9.
7.31b. In our versions of the Gemara, this is the third chapter. See Kapach, 5731, note 64.
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Rambam:
• 1 Chapter a Day: De'ot De'ot - Chapter FiveDe'ot - Chapter Five
Halacha 1
Just as the wise man is recognized through his wisdom and his temperaments and in these, he stands apart from the rest of the people, so, too, he should be recognized through his actions - in his eating, drinking, intimate relations, in relieving himself, in his speech, manner of walking and dress, in the management of his finances, and in his business dealings. All of these actions should be exceptionally becoming and befitting.
What is implied? A Torah Sage should not be a glutton. Rather, he should eat food which will keep his body healthy, without overeating. He should not seek to fill his stomach, like those who stuff themselves with food and drink until their bellies burst. They are alluded to by [the statement of] the prophet [Malachi 2:3]: "I will spread dung on your faces, the dung of your feasts." Our Sages explain: These are the people who eat and drink and make all their days like feast days. They say, "Eat and drink, for tomorrow, we will die."
This is the food of the wicked. It is these tables which the verse censures, saying: "For all tables are full of vomit and excrement; there is no room" (Isaiah 28:8).
In contrast, a wise man eats only one dish or two, eating only enough to sustain him. That is sufficient for him. This is alluded to by Solomon's statement: "The righteous man eats to satisfy his soul" (Proverbs 13:25).
Halacha 2
When the wise man eats the little which is fitting for him, he should eat it only in his own home, at his table. He should not eat in a store or in the marketplace, unless there is a very pressing need, lest he be viewed without respect by others.
He should not eat together with the unlearned, nor at those tables that are "filled with vomit and excrement." He should not eat frequently in other places, even in the company of wise men, nor should he eat where there is a large gathering.
It is not fitting for him to eat at another person's [table] except at a feast associated with a mitzvah, e.g., a betrothal or wedding feast - and then, [only] when a scholar is marrying the daughter of a scholar.
The righteous and the pious of old never partook of a meal that was not their own.
Halacha 3
When a wise man drinks wine, he drinks only enough to soften the food in his stomach.
Whoever becomes drunk is a sinner, is shameful, and will lose his wisdom. If he becomes drunk before the common people, he desecrates God's Name.
It is forbidden to drink even a small quantity of wine in the afternoon hours, unless it is taken together with food. Drink that is taken together with food is not intoxicating. Only wine that is taken after the meal is to be avoided.
Halacha 4
Although a man's wife is permitted to him at all times, it is fitting that a wise man behave with holiness. He should not frequent his wife like a rooster. Rather, [he should limit his relations to once a week] from Sabbath evening to Sabbath evening, if he has the physical stamina.
When he speaks with her, he should not do so at the beginning of the night, when he is sated and his belly [is] full, nor at the end of the night, when he is hungry; rather, in the middle of the night, when his food has been digested.
He should not be excessively lightheaded, nor should he talk obscene nonsense even in intimate conversation with his wife. Behold, the prophet has stated (Amos 4:13): "And He repeats to a man what he has spoken." [On this verse,] our Sages commented: A person will have to account for even the light conversation that he has with his wife.
[At the time of relations,] they should not be drunk, nor lackadaisical, nor tense - [neither both of them,] or [even] one of them. She should not be asleep, nor should the man take her by force, against her will. Rather, [the relations should take place] amidst their mutual consent and joy. He should converse and dally with her somewhat, so that she be relaxed. He should be intimate [with her] modestly and not boldly, and withdraw [from her] immediately.
Halacha 5
Whoever conducts himself in this manner [may be assured that] not only does he sanctify his soul, purify himself, and refine his character, but, furthermore, if he has children, they will be handsome and modest, worthy of wisdom and piety.
[In contrast,] whoever conducts himself in the ways of the rest of the people who walk in darkness, will have children like those people.
Halacha 6
Torah Sages conduct themselves with exceptional modesty. They do not demean themselves and do not bare their heads or their bodies.
Even when one enters a latrine, he should be modest and not uncover himself until he is seated. He should not wipe himself clean with the right hand. He should stay away from all others and enter a chamber beyond a chamber, a cave within a cave, and relieve himself. If he [must] relieve himself behind a fence, he should move far enough away that no one can hear the sound if he breaks wind. If he [must] relieve himself in an open area, he should be far enough off so that no one can see him baring himself.
One should not speak while relieving himself, even if there is great need. Just as he conducts himself with modesty while in the latrine by day, he should [also] do so at night.
One should always train himself to relieve himself in the early morning and after dark only, so that he [need] not go far off.
Halacha 7
A Torah Sage should not shout or shriek while speaking, like the cattle and wild beasts, nor should he raise his voice overly much. Instead, he should speak gently to all people. [In addition to] speaking gently, he should take care not to stand at a distance, lest [his speech] appear like the speech of the haughty.
He should greet all men [before they greet him], so that they be pleased with him. He should judge every one in a good light, speak favorably of his fellow man, [never mentioning] anything that is shameful to him, love peace and pursue it.
If he sees that his words will be effective, and will be given attention, he should speak; if not, he should keep silent. What is implied? He should not try to placate a man in the moment of his anger. He should not question a man about his vow at the time he is making his vow, [but wait] until he is tranquil of mind and calm. He should not comfort a man while his dead is lying before him because [the bereaved] is unsettled until he has buried [his dead]. The same applies in other similar cases. He should not look at his fellow man at the moment of his humiliation, but turn his attention away.
He should not distort facts, exaggerate a situation, or minimize it, except in the interests of peace and the like.
The guiding rule is that he should speak only words of wisdom or in connection with acts of kindness and the like. He should not speak to a woman in the marketplace, even if she be his wife, or his sister, or his daughter.
Halacha 8
A Torah Sage should not walk erect, with his head held high, as [Isaiah 3:16] states: "And they walked with necks outstretched and flashing eyes." He should not walk with a [short-stepped,] toe-to-heel, stately [gait] like [that of] women and the proud, as [Isaiah, ibid.] states: "walking and mincing as they go, tinkling with their feet."
Nor should he run in public like a madman, nor bend over like a hunchback. Rather, he should cast his eyes downward as he [does when he] stands during prayer. He should walk in the market-place like a person preoccupied with his business affairs.
From a man's carriage, too, one can recognize whether he is wise and a thoughtful person or mindless and a fool. Thus, Solomon said in his wisdom (Ecclesiastes 10:3): "On the road, too, when the fool walks, his mind is empty and he proclaims to all that he is a fool" - he informs everyone about himself, that he is a fool.
Halacha 9
A Torah Sage's clothing should be attractive and clean. It is forbidden that [a] blood or fat [stain] or the like be found on his garment.
He should not wear regal garb, e.g., clothes of gold and purple, which draw everyone's attention, nor the dress of the poor which shames its wearers, but attractive garments of the middle range.
His flesh should not be visible under his clothing as [is the case when one wears] the exceptionally sheer linen garments produced in Egypt. His clothes should not drag on the ground like the dress of the haughty, but [should extend] to the heel and his sleeves [should extend] to his fingers.
He should not let his cloak hang down, for that creates an impression of haughtiness, except on the Sabbath if he has no change [of cloak].
In the summer, he should not wear shoes that have often been mended and have many patches. He may do so in the rainy season, if he is poor.
He should not go out in the marketplace perfumed, or with perfumed clothes, nor should he put perfume on his hair. However, he is permitted to rub perfume on his body if he does so in order to remove filth. Similarly, he should not go out alone at night, unless he has a set time to go out for his studies. All of these [restrictions are instituted] because of [possible] suspicion [of immorality].
Halacha 10
A Torah Sage manages his financial affairs judiciously. He eats, drinks, and provides for his household in accordance with his funds and [degree of] success without overtaxing himself.
The Sages have directed [us] regarding the ways of the world: A person should eat meat only with appetite as [Deuteronomy 12:20] states: "If your soul should crave to eat meat..." It is sufficient for the healthy to eat meat [once weekly,] from Sabbath eve to Sabbath eve. If he is wealthy enough to eat meat every day, he may.
The Sages have [also] directed us, saying: One should always eat less than befits his income, dress as befits [his income], and provide for his wife and children beyond what befits [his income].
Halacha 11
The way of sensible men is that first, one should establish an occupation by which he can support himself. Then, he should purchase a house to live in and then, marry a wife. [This order of priorities may be inferred from Deuteronomy 20:5-7], which states: "Who is the man who has planted a vineyard, but not redeemed it...;" "who is the man who has built a house, but not dedicated it...;" "who is the man who has betrothed a woman, but not taken her [to wife]..."
In contrast, a fool begins by marrying a wife. Then, if he can find the means, he purchases a house. Finally, towards the end of his life, he will search about for a trade or support himself from charity.
[This is also implied by the order of] the curses mentioned [in Deuteronomy 28:30]: "You shall betroth a woman..., you shall build a house..., you shall plant a vineyard;" i.e., your behavior will be disordered so that you will not succeed in your ways. However, in regard to blessing [I Samuel 18:14] states: "And David was thoughtful in all his undertakings and God was with him."
Halacha 12
One is forbidden to renounce ownership of, or consecrate, all of his possessions and [thereby,] become a burden to society.
He should not sell a field and buy a house, [sell] a house and buy chattels, or use money [acquired] by [selling] his house for trade. Conversely, he should sell chattels to buy a field. The rule is that he should aim to improve his [financial position] and to exchange the impermanent for the permanent.
His intention should not be to enjoy slight momentary pleasure, or to enjoy some slight pleasure [for which he] incurs a great loss.
Halacha 13
A Torah Sage [should conduct] his business dealings with honesty and good faith. When [his] answer is "no," he says, "no;" when [his answer] is "yes," he says, "yes."
He is stringent with himself in his accounting, gives and yields to others when he buys from them, but is not demanding [about what they owe him].
He pays for his purchases immediately. He does not act as a guarantor, or accept objects for deposit, or act as a debt collector for a lender.
He accepts obligations in matters of buying and selling for which the Torah does not hold him liable, in order to uphold and not go back on his verbal commitments. If others have obligations to him by law, he grants them an extension and pardons them. He lends and bestows gifts.
He does not encroach upon another's occupation, nor does he ever cause someone discomfort. The rule is that he should be among the pursued and not the pursuers, among those who accept humiliation but not among those who humiliate [others]. Whoever does all the above and their like, of him [Isaiah 49:3] states: "And He said to me, 'You are My servant, Israel, through whom I will be glorified.'”
Commentary Halacha 1
Just as the wise man - This term provides the key to this chapter. Throughout the chapter, the Rambam uses the term talmid chacham (Torah Sage). However, he begins the chapter by using the term, chacham (wise man), to refer to his statements in Chapter 1, Halachot 4-5, which describe a wise man as one who constantly evaluates his behavior and follows the desired middle path.
is recognized through his wisdom and his temperaments and in these, he stands apart from the rest of the people, so, too, he should be recognized through his actions - Sefer HaMitzvot (positive mitzvah 8) describes the mitzvah of resembling God as seeking "to emulate Him - His good deeds and the honorable attributes with which He was described."
As mentioned in the commentary to the first chapter, in Hilchot De'ot, the Rambam puts a far greater stress on a person's emulation of God's "attributes" and less to the emulation of His deeds. Therefore, the first three chapters emphasize the importance of personality development and the methods with which we can refine our character traits. This chapter concludes the treatment of the mitzvah to emulate God and focuses on the "good deeds" that reflect the process of inner refinement described above.
In Chapter 3, the Rambam postulates that we must set two goals for our behavior:
a) an immediate and intermediary goal, the maintenance of physical health;
b) the ultimate goal, the knowledge and service of God.
In Chapter 4, he outlines a regimen of behavior that allows man to reach the first goal. In this chapter, he concentrates on the second and more complete purpose.
in his eating, - The commentaries have suggested the Sifre, Zot HaBrachah and Derech Eretz Zuta, Chapters 5 and 7 as sources for the Rambam's statements. However, neither of those sources is quoted verbatim. Rather, they serve as models which the Rambam uses as the basis for his own composition.
The Rambam elaborates on each of the particulars listed here in the following halachot. In regard to eating, see the second part of this halachah and Halachah 2.
drinking, - This refers to drinking wine. See Halachah 3.
intimate relations, - See Halachot 4-5.
in relieving himself, - See Halachah 6.
in his speech, - See Halachah 7.
manner of walking - See Halachah 8.
and dress, - See Halachah 9.
in the management of his finances, - See Halachah 10-12.
and in his business dealings.- See Halachot 13.
All of these actions should be becoming and befitting.
What is implied? A Torah Sage - Though the Rambam begins the chapter with the use of the term chacham (wise man), when he starts to speak of details, he employs the term talmid chacham (Torah Sage). Perhaps this implies that the peaks of character development epitomized by the chacham can only be achieved when one develops his wisdom in Torah study.
should not be a glutton. Rather, he should eat food which will keep his body healthy, - as described in the previous chapter. Furthermore, even when eating these foods, he should not overindulge.
without overeating. - In the previous chapter, Halachah 15, the Rambam warned against overeating from a health perspective. Now, he treats it as an ethical inadequacy and a departure from the desired middle path. See also Chapter 1, Halachah 4, Chapter 3, Halachah 2.
He should not seek to fill his stomach, like those who stuff themselves with food and drink until their bellies burst. - The Rambam underlines the negative aspects of the tendency to overindulge and gorge oneself on food by using an extreme example. See also the Guide to the Perplexed, Vol. III, Chapter 8, where he compares people who pursue gluttony to a slave who revels in dung.
They are alluded to by [the statement of] the prophet [Malachi 2:3]: "I will spread dung on your faces, the dung of your feasts." - We have translated the verse in keeping with the interpretation of our Sages quoted below. However, in its original context, the verse refers to those who bring the festival offerings without proper intent.
Our Sages - Shabbat 151b
explain: These are the people who eat and drink and make all their days like feast days. - Though it is a mitzvah to celebrate the Sabbaths and festivals with feasts, here we are referring to those who feast:
a) self-indulgently and without a commitment to fulfill God's will; and
b) constantly and not only on select occasions.
They say, "Eat and drink for tomorrow, we will die." This statement is found in Isaiah 22:13. However, the Rambam is not quoting the verse as a support, he is merely borrowing the expression to exemplify an existential search for pleasure.
This is the food of the wicked. It is these tables which the verse censures, saying: "For all tables are full of vomit and excrement; there is no room" (Isaiah 28:8). - The final word of the verse, makom, can also refer to God and thus, implies that God's presence is also lacking. Eating for the sake of indulgence is the direct opposite of the approach of "Knowing God in all your ways" described previously.
Avot 3:3 also quotes this verse and the Rambam alludes to that mishnah in the following halachah.
In contrast, a wise man eats only one dish or two, eating only enough to sustain him. That is sufficient for him. - As a source for eating two dishes, the commentaries have suggested Derech Eretz Rabbah, Chapter 7:
It happened that Rabbi Akiva served a meal to his students. [The servants] brought two dishes before them... they ate and were satisfied.
As a source for eating one dish, they point to (Sanhedrin 94b):
"And may the name of the righteous be blessed (Proverbs 3:33)" - this refers to Hezekiah, king of Judah, who ate [only] a litra of greens for a meal.
These sources notwithstanding, it appears that the Rambam is merely stating that a Sage should confine himself to simple and modest fare; he may not have had a specific source in mind.
This is alluded to by Solomon's statement: "The righteous man eats to satisfy his soul" (Proverbs 13:25). - Note the Rambam's use of this verse in Chapter 1, Halachah 4.
Commentary Halacha 2
When the wise man eats the little, which is fitting for him, he should eat it only in his own home at his table, - The previous halachah discussed the quantity of food and the attitude with which it was to be eaten. The present halachah concerns itself with the place and the company in which the wise should eat. It revolves around the principle that a person should be modest while eating and refrain from doing so in public. (See the Guide to the Perplexed, ibid.)
[He should not eat] in a store - Kol Ya'akov notes that this store may even be one specifically designated for eating, e.g., a restaurant, coffee-shop, or the like. Indeed, we find the Hebrew, chanut, used to refer to a place of eating in Bava Metzia 83b.
or in the marketplace, - Though the Jerusalem Talmud, Ma'aserot 3:2 mentions this prohibition in reference to a Torah Sage, the Babylonian Talmud, Kiddushin 40b condemns even a common person for such behavior, stating: "Whoever eats in the marketplace is like a dog." The passage in Kiddushin continues to explain that such a person is unacceptable as a witness and the Rambam quotes that law (Hilchot Edut 11:5).
The commentaries have attempted to resolve this difficulty in different ways: For example Tosafot, Kiddushin (ibid.) explains that a common person is condemned only if he eats a full meal in the market place, while a wise man should not eat anything at all in public. The Kessef Mishneh (Hilchot Edut) differentiates between eating in a crowded place - which is forbidden for everyone - and eating in a quiet corner - which is deemed improper only for a Sage. The Bach (Choshen Mishpat 34) explains that a common person is censored only for eating while walking through the market place, while the wise man should not eat in public even while standing in one place.
Nevertheless, it must be noted that in this halachah, the Rambam uses the expression chacham (a wise man), his ideal for a person with a developed personality, and not talmid chacham (a Torah Sage). Apparently, he does not differentiate between a Torah Sage and a common person in this matter and requires a refined, highly developed standard in meeting our physical needs from everyone.
unless there is a very pressing need, lest he be viewed without respect by others.
He should not eat together with the unlearned, - Sanhedrin 52b states that, at the outset, a common person will consider a Torah Sage to be like a vessel of gold. However, if the Sage derives benefit from the common person, he will come to regard the Sage like an earthenware shard.
Note Hilchot Yesodei HaTorah 5:11, where the Rambam equates the dining of a learned and pious man together with the unlearned with the desecration of the Name of God. See also Hilchot Sanhedrin (25:4) where he rules that communal leaders and judges should not eat and drink with the common people.
nor at those tables that are "filled with vomit and excrement." - This expression is obviously a reference to Avot 3:3:
[When] three eat at one table and do not speak words of Torah there, it is as if they eat from sacrifices to the dead [i.e., idols] as [Isaiah 28:8] states: "For all tables are full of vomit and excrement; there is no room."
In his commentary to this mishnah, the Rambam writes:
Previously, the verse dealt with eating and drinking while forsaking the Torah and those who study it. Therefore, all of these tables are considered as if excrement and filth; i.e., the foods of idol worship, are eaten upon them.
Furthermore,...
He - the wise man
should not eat frequently in other places, - outside his own home; i.e., the wise man, even when he eats in a private home and in the proper company, should limit the number of homes that he frequents (Pesachim 49a).
even in the company of wise men, nor should he eat where there is a large gathering. - The reason for these restrictions is, as the Rambam expresses in the Guide to the Perplexed (ibid.), a basic desire for a person, particularly when he relates to others, to emphasize the refined and developed aspects of his being and not those which he shares with other animals. Therefore, even when there is no danger of subjecting himself to undesirable influences or disgracing the Torah with which he is identified, he should refrain from performing a physical activity like eating in the presence of others.
It is not fitting for him to eat at another person's [table] except at a feast associated with a mitzvah, - Chullin 95b states that Rav would not partake of a meal in public unless it was associated with a mitzvah.
e.g., a betrothal - This decision is not accepted by all authorities. Some do not consider such a betrothal feast as "associated with a mitzvah."
Erusin translated as "betrothal," refers to the first stage of the marriage process, i.e., giving the woman the wedding ring. In Talmudic and post-Talmudic times, this ceremony was carried out before the actual wedding (nisuin). At present, we perform the two stages of the wedding, erusin and nisuin together. Thus, reference to what we term engagement as erusin is technically a misnomer.
or wedding feast - and then, [only] when a scholar is marrying the daughter of a scholar. - Pesachim 49a mentions that weddings between scholars and common people are undesirable and should not be attended by a Torah Sage (Avodat HaMelech). The Rambam also deals with this subject in Hilchot Issurei Bi'ah, Chapter 21.
The righteous and the pious of old never partook of a meal that was not their own. - Chullin 7b relates that even when Rabbi Yehudah HaNasi invited Rabbi Pinchas ben Yair to a meal, the latter Sage refused. Note also the Rambam's comments at the conclusion of Hilchot Zechiah U'Matanah.
Commentary Halacha 3
When a wise man drinks wine, he drinks only enough to soften the food in his stomach. - Ketubot 8b states that wine is useful in the process of digestion.
Whoever becomes drunk is a sinner, - The commentaries cite Berachot 29b: "Do not become drunk and do not sin;" a passage which seems to say that drink leads to sins. There is room for question for it appears that the Rambam views drinking itself as sinful.
is shameful, - In the Guide to the Perplexed, Vol. III, Chapter 8, the Rambam castigates drunken revelry in the harshest terms:
A drinking party is more shameful than a gathering of naked people [who] defecate together in daylight in one place. Elimination is a necessary human function. However, drunkenness is the voluntary act of the wicked man.
and will lose his wisdom. - See Proverbs 31:5: "Lest he drink and forget the Law and pervert the judgement of all the poor."
The Torah gives examples of the degrading effects of drunkenness (Noah, Genesis, Chapter 8; Lot, Genesis, Chapter 19). There are specific prohibitions against drinking - e.g. a priest is not allowed to perform the priestly services while under the influence of alcohol (Leviticus 10:9-11). Similarly, numerous passages throughout the Prophets and Sacred Writings castigate drunkenness. These are also paralleled in the rabbinic literature, e.g. Sanhedrin 70a, VaYikra Rabbah 12.
If he becomes drunk before the common people, he desecrates God's Name. - Note the Rambam's remarks in Hilchot Sanhedrin 25:4:
When a person is given a position of authority over the community... most certainly [he is forbidden] to eat and drink and become drunk in public and in a gathering of the ignorant or at a repast of friends.
Woe to those judges who act with such affront to the Torah of Moses, who disgrace its laws and reduce it to the earth, bring it down to the dust and cause evil to themselves and their descendants in this world and the next.
Most commentaries cite Pesachim 49a as the source for the Rambam's statement, however, that passage does not mention intoxication. The Zohar, Vol. I, 110a, specifically associates drunkenness with the desecration of God's name.
Since intoxication is such an undesirable state...
It is forbidden to drink even a small quantity of wine - Note Hilchot Tefilah 4:17 which considers a revi'it (between 3 and 5 oz.) of wine as slightly intoxicating. Since our wines are considerably weaker than those of the Rambam's time, it is questionable whether this measure would apply today.
in the afternoon hours, - Avot 3:13 mentions wine that is drunken in the afternoon as one of four things which "remove a person from the world." Avot D'Rabbi Natan, Chapter 21, explains that drinking wine in the afternoon causes a person to "negate the entire Torah."
unless it is taken together with food because drink that is taken together with food is not intoxicating - to the same degree as wine that is drunk without food. See the Rambam's commentary to the Mishnah, Pesachim 10:6.
Only wine that is taken after the meal is to be avoided.
Commentary Halacha 4
Although a man's wife is permitted to him at all times, - i.e., outside the restrictions of the niddah
it is fitting that a wise man behave with holiness. - Though a Jew's commitment to holiness must encompass every aspect of his behavior, the Torah and our Sages have always emphasized the importance of this quality in regard to sexuality. There is no more powerful expression of man's basic, instinctual nature than sex. Therefore, precisely in this area, a Jew must reveal that his nature is not only material, that he possesses a spiritual dimension that lies at the core of his being and seeks expression.
For this reason, the Jewish marriage bond is referred to as Kiddushin, emphasizing how kedushah, holiness, is a fundamental element in marriage. Similarly, Leviticus 20:7, proclaims "Sanctify yourselves and be holy, for I am God, your Lord," as a preface to the laws proscribing forbidden intimate relations. Sh'vuot 18b interprets the above verse as also including a command to conduct oneself in a holy manner within permitted relationships.
The quality of holiness involves not only restraint, as mentioned in the ensuing statements, but also the manner in which relations are carried out. The Rambam elaborates on this aspect in Hilchot Issurei Bi'ah 21:9 and in his commentary to the Mishnah, Sanhedrin 7:4.
He should not frequent his wife like a rooster. - The rooster is a widely used symbol of lust. The phrase used by the Rambam is quoted from Berachot 22a. See also Hilchot Tefilah 4:5.
In Hilchot Issurei Bi'ah 21:11, the Rambam also elaborates on this matter, calling frequent intimate relations a severe blemish and boorish behavior which was frowned upon by the Sages.
Rather, [he should limit his relations to once a week] - Ketubot 62a,b describes the frequency with which people involved in different occupations should engage in intimate relations (See also Hilchot Ishut 14:1-4.). The measure given here is the one allotted to Torah Sages.
from Sabbath evening to Sabbath evening, - Ketubot (ibid.) states that Psalms 1:3: "It brings forth its fruit in its season" applies to such a person.
[The commentaries note the continuation of the verse, "Its leaves will not wither", and interpret it as implying that the draining of physical energy caused by intimate relations which the Rambam described in Chapter 4, Halachah 21, will not occur when a person follows this schedule.]
Iggeret HaKodesh (attributed to the Ramban) emphasizes that on the Sabbath, a person is granted a greater spiritual potential which enables him to maintain his bond with God even when involved in physical activities.
if he has the physical stamina. - See Hilchot Ishut, Chapter 14, where the Rambam prescribes criteria for the frequency of intimate relations that are coordinated with a person's physical stamina.
When he speaks - The Rambam quotes this euphemism for intimate relations from Nedarim 20b.
with her, he should not do so at the beginning of the night, when he is sated and his belly [is] full, nor at the end of the night, when he is hungry; rather, in the middle of the night, when his food has been digested. - Note Chapter 4, Halachah 19. Iggeret HaKodesh explains that both during the time food is being digested and when a person is hungry, his emotional balance is somewhat disturbed and it is difficult for him to develop the proper attitude and spiritual awareness necessary to make intimate relations a Godly act.
Nedarim 20b emphasizes that the midnight hour also allows a person to rest from all his worldly involvement. The quiet of the hour prevents him from being disturbed by other thoughts and he is able to concentrate on his wife alone.
Despite the advantages of having relations at midnight, many contemporary authorities suggest that a couple not hold to this as a binding rule. If a couple have already begun thinking of sex, they should not be forced to wait until midnight to fulfill their desires.
He should not be excessively lightheaded, - Previously (Chapter 2, Halachah 7), the Rambam cited a mishnah (Avot 3:16) which links lightheadedness and immorality.
nor should he talk obscene nonsense even in intimate conversation with his wife. - Though a man should talk to his wife to prepare her for intimacy, he must be careful of what he says. Note the comments of VaYikra Rabbah 24:7.
"And your camp shall be holy, that He see no lewd things in you" (Deuteronomy 23:15). The latter refers to unseemly speech. Rav Shmuel bar Nachman said: Lewd speech is obscenity.
Behold, the prophet has stated (Amos 4:13): "And He tells over to a man what he has spoken." [On this verse,] our Sages - Chagigah 5b
commented: A person will have to account - when being judged in the afterworld...
for even the light conversation that he has with his wife. - for every aspect of a man's behavior is significant.
[At the time of relations,] they should not be drunk, - For intimate relations to be a meaningful act, each of the partners must have all his faculties at his command.
As mentioned in the following halachah, a proper attitude toward intimate relations will cause one to father children who are refined and attractive. The converse is also true. If parents engage in intimate relations in a coarse manner or if there is friction and lack of harmony between them, the children born of their union will have undesirable character traits.
In particular, Nedarim 20b describes ten situations in which relations are forbidden and states that the children born of such unions are endowed with extremely negative tendencies. One of the undesirable states at the time of relations is drunkenness. See also the following halachah and Hilchot Issurei Bi'ah 21:12.
nor lackadaisical, - People should not engage in relations except when motivated by desire (preferably a holy desire as explained in Chapter 3). For this reason, as mentioned below, a husband should spend time arousing his wife's desires.
nor tense - Some manuscripts have atzubim- "depressed" - instead. Neither state of mind conforms to the attitude desired by the Torah as mentioned below.
[neither both of them,] or [even] one of them. - The act of intimacy should be a true union between man and wife. Therefore, the partners must work on developing a single state of mind.
She should not be asleep, nor should the man take her by force, - These two situations are also included among the ten prohibited relations mentioned in Nedarim 20b.
against her will. - The Avodat HaMelech states that this statement also implies that one should not compel his wife to agree to intimate relations. See Eiruvin 100b.
Rather, [the relations should take place] amidst their mutual consent and joy. He should converse and dally with her somewhat, - Chagigah 5b describes how the Sage, Rav, would abandon all formalities and inspire an atmosphere of relaxed happiness before intimacy. (Note the description of Rav in Chapter 2, Halachah 4.)
so that she be relaxed. - Iggeret HaKodesh states:
You should motivate her with words that move her heart and settle her mind and make her happy so that your mind will be fused with hers, and your intent with her intent.
You should say some things that arouse her desire, feelings of connection, love, will, and romance, and others which lead her to the fear of God, piety, and modesty.
He should be intimate [with her] modestly and not boldly, and withdraw [from her] immediately. - The commentaries note that the Rambam's statements are based on the following passage from Nedarim 20b:
They asked Ima Shalom (the wife of Rabbi Eliezer): "Why are your children so attractive?"
She replied to them: "He only engages in relations with me... at midnight. During intimacy, he uncovers a handbreadth and covers a handbreadth (i.e., engages in intimacy modestly) and it appears that a demon is pressuring him" (i.e., he would withdraw after completing the act of intimacy).
Commentary Halacha 5
Whoever conducts himself in this manner [may be assured that] not only does he sanctify his soul, purify himself, and refine his character, but, furthermore, - in addition to these spiritual and ethical benefits,...
if he has children, - The Rambam does not promise that children will be conceived. However, if conception takes place,...
they - the offspring
will be handsome - Note the passage from Nedarim quoted in the previous halachah.
and modest, worthy of wisdom and piety. - Iggeret HaKodesh states:
When a person joins together with his wife while his thoughts cleave to the spiritual realms, those thoughts draw down a sublime light which rests on that drop of semen... Thus, that drop of semen is always connected to that shining light.
This is the mystic secret implied in [God's words to the prophet, Jeremiah, (1:5)]: "Before I formed you in the womb, I knew you;" i.e., He had already established a connection of shining light with the sperm [from which] that Tzaddik [was conceived] at the time of [his parents'] union.
[In contrast,] whoever conducts himself in the ways of the rest of the people who walk in darkness - The latter phrase is borrowed, out of context, from Isaiah 9:1.
will have children like those people. - The effect of improper intimate behavior on offspring is mentioned in Nedarim 20b and Eruvin 100b. Note our comments in the previous halachah. See, too, Hilchot Issurei Bi'ah 21:12.
Commentary Halacha 6
Torah Sages conduct themselves with exceptional modesty. - With this statement, the Rambam establishes a connection with the previous halachah and sets the motif for what follows. Modesty is not simply a matter of dress, (this is discussed in halachah 9), but rather, an awareness of God which causes a person to cover head and body out of respect for the Divine Presence. The Rambam expands upon this concept in the Guide for the Perplexed (Vol. III, Chapter 52):
He is constantly with us, observing us, as [Jeremiah 23:24] proclaims: 'Can a man hide himself in the secret places and I not see him,' says God." Understand this well.
Know that when perfect men comprehend this, they achieve such humility, such awe and fear of God and a sense of shame before Him... that their private behavior with their wives and in latrines is like their public conduct with other people.
Know that they have forbidden a man to walk with an erect carriage, because: "the entire world is filled with His glory" (Isaiah 6:3)... We are always in His presence... Thus, the greatest among the Sages found it difficult to bare their heads because the Divine Presence constantly hovers over man.
They do not demean themselves and do not bare their heads, - Kiddushin 30a relates that Rabbi Chiya bar Abba once saw Rabbi Yehoshua ben Levi taking his son to school while wearing a makeshift hat. When Rabbi Chiya asked him the reason he was wearing such a head-covering, he explained that he was forced to leave his home in a hurry and was not able to arrange his turban. Nevertheless, he found it preferable to wear even a makeshift head-covering, rather than go out bareheaded.
Kiddushin 31a quotes Rav Huna, the son of Rav Yeshoshua, as explaining that he would not walk four cubits bareheaded out of respect for "the Divine Presence which is above my head." (See also Zohar, Vol. III, p. 245b.) Similarly, Shabbat 156b relates that an astrologer told Rav Nachman bar Yitzchak's mother that he was destined to be a thief. From his earliest childhood, she trained him to avoid this fate. She would constantly tell him to cover his head "so that the fear of God will be upon you."
or their bodies. - The Mishnah Berurah (2:1) lays down the following general rule: Any portion of our bodies which is usually covered should not be revealed unless there is a specific reason for doing so.
Modesty, as understood in the present context, results from the awareness of the Divine Presence. The ordinary man experiences such awareness while at prayer when "he is as if standing before the Divine Presence" (Hilchot Tefilah 4:16) and then he is required not to bare his head (ibid. 5:5) or various parts of his body; e.g., his chest (ibid. 4:7) and his feet (ibid. 5:5). As emphasized in Chapter 3, Halachah 3, a wise man should try to be conscious of the Divine Presence at all times and places. As a result, he will constantly be modest.
Though in Talmudic times and in the Rambam's era, personal modesty and covering one's head were considered the signs of a Sage (Kiddushin 8a) and a unique and special merit (Shabbat 118b), at present, both practices have been accepted as ordinary behavior for all observant Jews.
Even when one enters a latrine, he should be modest and not uncover himself until he is seated. - Tamid 27b quotes Rav as giving his son the following advice: "Sit and reveal yourself. Cover yourself and stand."
He should not wipe himself clean with the right hand. - Since the right hand is used to tie Tefillin (Berachot 62a) and is given priority over the left hand regarding service in the Temple (Zevachim 24a), the installation ceremony of priests (Leviticus 8:23), and other ritual manners, it is not proper that it be used for this function.
Many authorities maintain that this restriction only applies when one is cleaning oneself with one's hand alone, but not when one uses toilet paper.
He should stay away from all others and enter a chamber beyond a chamber, a cave within a cave, and relieve himself. - Berachot 62b derives this law from I Samuel 24:3's description of the behavior of King Saul. Though it is forbidden to delay relieving oneself (Hilchot Ma'achalot Asurot 17:31), our Sages did not give this prohibition precedence over the dictates of modesty (Shulchan Aruch HaRav 3:11).
If - no latrine is available and
he [must] relieve himself - These restrictions only apply to defecation. The Sages feared that refraining from urination might be damaging (Bechorot 44b).
behind a fence, he should move far enough away that no one can hear the sound if he breaks wind. - I.e., even though an observer might see that he is squatting and thus, conclude that he is defecating, since the fence covers his lower body, there is no difficulty (Berachot 62a).
If he [must] relieve himself in an open area, - where such a barrier is not available
he should be far enough off so that no one can see him baring himself. - i.e., though the ultimate reason for modesty is the awareness of God's presence, there also is a dimension of modesty which implies respect for one's fellow man and restraint in revealing one's body and bodily functions in his presence.
One should not speak while relieving himself, even if there is great need. - Berachot 62a states that "modesty and silence are appropriate for the latrine." Sanhedrin 19a states that women are allowed to speak in the latrine to prevent men from entering.
Just as he conducts himself with modesty while in the latrine by day, he should also do so at night. - Berachot, ibid. Since modesty is practiced out of an awareness of God's presence, there is no difference between day and night (The Guide to the Perplexed, Vol. III, Chapter 52).
One should always train himself to relieve himself in the early morning and after dark only, so that he [need] not go far off - to avoid others seeing him (Berachot, ibid.).
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Rambam:
• 3 Chapters a Day: Tefillin, Mezuzah and Sefer Torah Tefillin, Mezuzah and Sefer Torah - Chapter Two, Tefillin, Mezuzah and Sefer Torah Tefillin, Mezuzah and Sefer Torah - Chapter Three, Tefillin, Mezuzah and Sefer Torah Tefillin, Mezuzah and Sefer Torah - Chapter Four
Tefillin, Mezuzah and Sefer Torah - Chapter Two
Halacha 1
In what manner are the tefillin [placed on] the head written? [The] four passages are written on four parchments and rolled closed, each as a separate entity. They are placed in four compartments, which are covered by a single piece of leather.
The four passages of [the tefillin placed on] the arm are written on four columns on a single parchment. They should be rolled closed like a Torah scroll from the end to the beginning and placed in a single compartment.
Halacha 2
Care must be taken in writing these passages. If one wrote a passage which should be s'tumah as p'tuchah or a passage which should be p'tuchah as s'tumah, it is invalid.
The first three passages are all p'tuchot, while the final passage, V'hayah im shamo'a, is s'tumah.
Halacha 3
One must be careful regarding [the spelling of the words in these passages] with regard to the short or full form. [The manner in which] these four passages are written [in tefillin] should resemble the manner they are written in a Torah scroll that has been checked [for accuracy in this regard].
When one writes a word which requires a short form using a full form, it is invalid until one erases the extra letter. If one writes a word which requires a full form using a short form, it is invalid and may not be corrected.
These are [the correct spellings of the words that could present difficulties] with regard to the short and full forms in these four passages.
Halacha 4
[In] the first passage, Kadesh li kol b'chor, [the word] b'chor [is written using] the full form; the word zachor [using] the full form; the word b'chozek [using] the short form; the word hotzi [using] the full form; the word yotzi'em without a vav; the word y'viacha [using] the full form; the word v'ha'emori [using] the short form; the word v'hay'vusi [using] the full form; the word la'avotecha without a vav; the word ha'avodah [using] the short form; the word matzot [using] the short form; the word hash'vi'i [using] the full form; the word matzot [using] the full form; the word s'or [using] the short form; the word g'vulecha [using] the short form; the word ba'avur [using] the full form; the word l'ot [using] the full form; the word ul'zikaron [using] the full form; the word einecha [using] the full form; the word torat [using] the full form; the word hotziacha without a yud; the word hachukkah [using] the short form; and the word l'moadah [using] the full form.
Halacha 5
[In] the second passage, V'hayah ki y'viacha, [the word] y'viacha [is written] without a yud; the word chamor [using] the short form; the word b'chor [using] the full form; the word b'chozek [using] the short form; the word hotzianu [using] the full form; the word vayaharog [using] the short form; the word b'chor [using] the full form; the word mib'chor [using] the short form; the words v'ad b'chor [using] the full form; the word zove'ach without a vav; the word b'chor in v'chol b'chor [using] the full form; the word l'ot [using] the full form; the word yadecha is written with a hey; the word ul'totafot without the final vav; the word einecha [using] the full form; the word b'chozek [using] the short form; and the word hotzianu [using] the full form.
Halacha 6
[In] the third passage, Shema, the ayin of [the word] Shema and the dalet of [the word] echad are enlarged.
The word m'odecha [is written using] the short form; the word l'vanecha [using] the full form; the wordb'vetecha without a second yud; the word uv'kumecha [using] the full form; the word l'ot [using] the full form; the word yadecha [using] the short form; the word l'totafot without both vavim; the word einecha [using] the full form; the word mezuzot without the first vav; the word beitecha without a second yud; the word uvish'arecha [using] the full form.
Halacha 7
[In] the fourth passage, V'hayah im shamo'a, [the word] shamo'a [is written using] the short form; the word mitzvotai with only one vav; the word yoreh [using] the full form; the word umalkosh [using] the full form; the word v'tiroshcha without a vav; the word v'hishtachavitem [using] the full form; the word y'vulah [using] the full form; the word hatovah [using] the short form; the word notein [using] the short form; the word otam [using] the short form; the word l'ot [using] the full form; the word l'totafot lacking the second vav; the word einechem [using] the full form; the word otam [using] the short form; the wordb'vetecha without a second yud; the word uv'kumecha [using] the full form; the word mezuzot [using] the full form; the word beitecha without a second yud; the word uvish'arecha [using] the full form; the word la'avoteichem without a vav.
Halacha 8
Care must be taken regarding the placement of crowns on the letters. They are formed like [small] zeiynin on the [tops of the] letters which possess crowns as in a Torah scroll. These are the letters which possess crowns in these four passages.
Halacha 9
There is only one letter [with a crown] in the first passage: the final mem of miyamim. There are three zeiynin upon it. In the second passage, there are five letters [with crowns]. Each of these is a heh, and four zeiynin are placed on each of them. They are: the heh of un'tanah, the first and final heh in the word hikshah, the heh of vayaharog, and the heh of yadecha.
In the third passage, there are five letters [with crowns.] They are: the kof of uv'kumecha; it has three zeiynin; the kof of uk'shartam; it has three zeiynin; the two tetim and the pei of l'totafot; each of these letters has four zeiynin.
In the fourth passage, there are five letters [with crowns.] They are: the peh of v'asafta; it has three zeiynin; the tov of v'asafta has one zayin; the two tetim and the peh of l'totafot; each of these letters has four zeiynin.
There are a total of sixteen letters which require crowns. If one did not place crowns above them, added other crowns, or reduced the number of zeiynin, the passages are not invalid.
Halacha 10
A person who purchases tefillin from a person who is not an expert is required to inspect them. If he purchased 100 tefillin, he should inspect three, either two head tefillin and one arm tefillin, or two arm tefillin and one head tefillin. If he finds them acceptable, [from this time onward,] he can assume the scribe [to be proficient]. Thus, they are all considered to be acceptable and need not be checked.
If, however, one purchases them in different packages, they must all be checked, because it can be presumed that each package was purchased from a different scribe.
Halacha 11
After a person writes tefillin himself, purchases them from an expert, or purchases them from another person and has them inspected, and places them in their leather [compartments], they need not ever be checked again.
As long as their compartments are intact, they are assumed to be acceptable even though several years have passed. We do not suspect that a letter has faded out or been perforated. Hillel the elder stated: "These [tefillin] are from my maternal grandfather."
Commentary Halacha 1
In what manner are the tefillin [placed on] the head written? [The] four passages - mentioned in Chapter 1, Halachah 1: Kadesh Li (Exodus 13:1-10), V'hayah ki y'viacha (Exodus 13:11-16), Shema (Deuteronomy 6:4-8), and V'hayah im shamo'a (Deuteronomy 11:13-21).
are written on four parchments - Menachot 34b explains that the word totafot, with which the Torah refers to the head tefillin, is a combination of the Carthaginian and African terms for two. Since two and two equals four, the word thus means "a four-sectioned ornament."
and rolled closed - more precisely, folded closed. Though in this halachah, the Rambam mentions only the tefillin of the arm, the parchments in the tefillin of the head are also folded from the end to the beginning, so that when they are opened, one begins reading at the beginning (Chapter 3, Halachah 7).
each as a separate entity. They are placed in four compartments, which are covered by a single piece of leather. - See Chapter 3, Halachah 2, for a description of how these tefillin are made.
Menachot, loc. cit., derives this concept from the fact that Exodus 13:9 refers to the head tefillin as "a remembrance," using a singular form of the word. This teaches that all four passages must appear as a single entity, "one remembrance."
In his Commentary on the Mishnah (Keilim 18:8), the Rambam also mentions tefillin of the head in which four separate compartments are sewn together. Shulchan Aruch HaRav 32:58 and the Mishnah Berurah 32:172 write that tefillin made in this manner or by gluing the four compartments together are acceptable. They nevertheless suggest that it is preferable to purchase tefillin that are made from a single piece of leather.
[At present, frequently, tefillin which are made from four compartments that are either sewn or glued together are referred to as peshutot and sold for a substantially lower price than tefillin made from a single piece of leather. The difficulty in purchasing them extends beyond one's willingness to opt for the more lenient opinion mentioned in the above sources. Since most halachic authorities advise accepting the more stringent view, most careful scribes do not use these peshutot. Thus, it is likely that they will have other problems as well.]
The four passages of [the tefillin placed on] the arm are written on four columns on a single parchment. - They may, however, be written on four separate parchments, which are later glued together (Menachot, loc. cit.).
They should be rolled closed like a Torah scroll from the end to the beginning and placed in a single compartment. - Menachot, loc. cit., derives this concept from the exegesis of Exodus, loc. cit.: "And they shall be a sign for you on your hand." The verse implies that just as the tefillin's external appearance is as a single sign, so too, internally, they should be a single entity.
Commentary Halacha 2
Care must be taken in writing these passages. If one wrote a passage which should be s'tumah - As the Rambam explains at length in Chapter 8, there are two general categories for the passages of the Torah, s'tumah and p'tuchah.
S'tumah means "closed." It refers to a passage whose first word is always written in the middle of a line in the Torah. (See Chapter 8, Halachah 2.)
as p'tuchah - P'tuchah means "open." It refers to a passage whose first word is always written at the beginning of a line in the Torah. See Chapter 8, Halachah 1.
or a passage which should be p'tuchah as s'tumah, it is invalid. - The Ramah (Orach Chayim 32:36) quotes an opinion which explains that the tefillin are not disqualified for such an error. Since there is a difference between tefillin and a Torah scroll - in a Torah scroll, there are many other passages between Shema and V'hayah im shamo'a - the tefillin are not disqualified if V'hayah im shamo'a is written as p'tuchah. Contemporary Ashkenazic practice is based on this opinion. [Note our commentary on Chapter 5, Halachah 2.]
The first three passages are all p'tuchot - For this reason, the first two passages should be written in a manner in which they end at least nine letters before the end of the column (Shulchan Aruch, Orach Chayim 32:36).
while the final passage, V'hayah im shamo'a, is s'tumah. - As is explained in the commentary on Chapter 8, Rabbenu Asher differs with the Rambam and offers a different interpretation of the terms s'tumah and p'tuchah. Their difference of opinion does not create a difficulty with regard to the first three passages. A problem, however, does arise with regard to the passage, V'hayah im shamo'a. The Shulchan Aruch (loc. cit.) states that the Rambam's opinion should be followed. The Turei Zahav (Orach Chayim 32:26) offers a compromise, which satisfies, according to his interpretation, both the Rambam's and Rabbenu Asher's views. His interpretation, however, is not accepted by all authorities.
Commentary Halacha 3
One must be careful regarding [the spelling of the words in these passages] with regard to the short or full form. - There are times when the Hebrew vowels cholam and shuruk are written with a letter vav, and times when that letter is omitted. Similarly, there are times when the vowel chirik is written with a yud, and times when that letter is omitted.
The expression, malei, rendered as "full form," refers to the form which includes the extra letter. Chaseir, rendered as "short form," refers to the form which lacks the extra letter.
[The manner in which] these four passages are written [in tefillin] should resemble the manner they are written in a Torah scroll that has been checked [for accuracy in this regard]. - In this context, note the comments of the Shulchan Aruch (Orach Chayim 32:20) and Shulchan Aruch HaRav (32:33), which elaborate on the responsibility of a scribe.
When one writes a word which requires a short form using a full form, it is invalid until one erases the extra letter. - As mentioned above, every letter of the four passages in the tefillin must be written in order. Nevertheless, although an entire passage was written, correcting a word by erasing an extra letter is not a contradiction to this principle.
The Shulchan Aruch (Orach Chayim 32:23) mentions that a problem may arise if the letter to be erased is in the middle of a word, since, when it is erased, the space left will cause the word to appear divided. The commentaries explain that the difficulty can sometimes be corrected by extending a letter, for example, writing a resh with an extended upper line.
If one writes a word which requires a full form using a short form, it is invalid and may not be corrected - Because the additional letter will not have been written in the proper order.
These are [the correct spellings of the words that could present difficulties] with regard to the short and full forms in these four passages. - The Rambam's inclusion of these particulars in the next four halachot is a clear expression of the desire he expressed in his introduction to the Mishneh Torah, to compose a text that will serve as "a compilation of the entire Oral Law," that would allow a person to "comprehend the entire Oral Law from it without having to study any other text." He saw the Mishneh Torah as a guide to the performance of the mitzvot, and therefore included in it details that would allow every individual to understand - and thus carry out - the minute particulars involved in the fulfillment of each mitzvah.
1. The Rambam does not use the expression, "short form," because the chirik of the alef possesses a yud. Similarly, the Rambam states "without a vav" or "without a yud" in several other instances in these halachot, because the form of the word is neither short or full in its entirety.
2. Generally, the word is written ידך. Menachot 37a explains that this departure from the norm was intended to teach us that tefillin are worn on the left hand, as explained in the commentary on Chapter 4, Halachah 2.
3. There are three sizes of letters in the Torah - the normal size, an enlarged size, and a reduced size - as mentioned in Chapter 7, Halachah 8. The Baal HaTurim notes that ayin and dalet spell the word eid, which means "witness." The Shema describes God's oneness. By reciting this verse and placing it in their tefillin and mezuzot, the Jews serve as witnesses, testifying to that oneness.
4. The Rambam also discusses the subject of crowns in Chapter 7, Halachot 8-9. When discussing this matter, the Shulchan Aruch (Orach Chayim 36:3) mentions the obligation to place crowns on the letters, שעטנ"ז ג"ץ. The obligation of placing crowns on these letters is explicitly mentioned in the Talmud, Menachot 29b. Hence, they are regarded with greater stringency.
Afterwards, the Shulchan Aruch also states that there are scribes who customarily place crowns on other letters. Significantly, even in Yemen, where the Rambam's directives are usually adhered to precisely, an exception is made in this instance, and there are different customs with regard to the crowns placed upon letters.
5. Shulchan Aruch HaRav (36:5) and the Mishnah Berurah (36:15) require that one add any crowns that are lacking in the passages. This refers, however, to the crowns on the letters, שעטנ"ז ג"ץ, and not to the crowns required by the Rambam.
Commentary Halacha 10
A person who purchases tefillin from a person who is not an expert - Note the Shulchan Aruch (Orach Chayim 39:8), which states: "One should not purchase [tefillin] from a person who is not an expert."
is required to inspect them - checking to see that no extra letters were added, no letters were omitted, and that each letter is formed correctly.
[The Shulchan Aruch's directive and the importance of checking tefillin today must be emphasized, because many scribes, particularly those who write inexpensive tefillin, are not experts. Very frequently, people have purchased tefillin only to find that the passages are not acceptable. For this reason, the Rabbis have suggested buying only tefillin that have been written and inspected by an expert.]
If he purchased 100 tefillin, he should inspect three, either two head tefillin and one arm tefillin, or two arm tefillin and one head tefillin. - Eruvin 97a states that one must check at least one arm tefillin and one head tefillin to see that the scribe is proficient in writing both.
If he finds them acceptable, [from this time onward,] he can assume the scribe [to be proficient]. - One of the fundamental principles of Torah law is that a chazakah ("assumption upon which one can rely") about a matter can be established when the matter is repeated on three consecutive occasions.
Thus, they are all considered to be acceptable and need not be checked - provided the person who sells them states that they were all written by the same individual (Mishnah Berurah 39:22).
If, however, one purchases them in different packages, they must all be checked, because it can be presumed that each package was purchased from a different scribe. - It is, however, sufficient to check three tefillin from each package.
Commentary Halacha 11
After a person writes tefillin himself - and inspects them
purchases them from an expert - whose work need not be inspected
or purchases them from another person and has them inspected, and places them in their leather [compartments], they need not ever be checked again. - The commentaries explain that since they are enclosed in compartments that are not exposed to air, we can presume that the letters are intact.
Though this decision is quoted in the Shulchan Aruch (Orach Chayim 39:10), a qualification is already made. A pair of tefillin which is not worn on a regular basis should be checked twice in seven years. The later authorities (Shulchan Aruch HaRav 39:11 and the Mishnah Berurah 32:26) suggest checking even tefillin that are worn regularly. At present, perhaps because of the differences in the way the compartments are made or in the parchment or ink that is used, it is very common for letters in tefillin to smudge, fade, and crack. The Mateh Efrayim suggests that each person have his tefillin inspected every year. Even authorities who are not that stringent recommend periodic checks.
As long as their compartments are intact, they are assumed to be acceptable even though several years have passed. - If, however, the compartments are opened or they are exposed to water, we are obligated to check them (Shulchan Aruch HaRav, loc. cit., Mishnah Berurah, loc. cit.).
We do not suspect that a letter has faded out or been perforated. Hillel the elder stated: “These [tefillin] - the tefillin he himself wore
are from my maternal grandfather” - ”and they have not been checked since.”
Tefillin, Mezuzah and Sefer Torah - Chapter Three
Halacha 1
There are eight requirements in the making of tefillin. All of them are halachot transmitted to Moses on Mount Sinai and, therefore, it is necessary to fulfill them all. If one deviates with regard to any of them, the [tefillin] are unacceptable. They are:
a) The tefillin must be square and must be sewn closed in a square. [Both] diagonals must be equal, and thus all four angles will be equal.
b) The leather of the head [tefillin] should have a shin embossed on both its right and left sides.
c) The passages should be wrapped in fabric.
d) A hair should be wound around that fabric. Afterwards, they should be placed in their compartment.
e) They should be sewn [closed] with the sinews [of an animal].
f) The leather compartment in which they are placed should have a place for the straps to pass through so that they can be moved through the [tefillin's] handle.
g) The straps should be black.
h) The knot with which they are tied should be the renowned knot that is formed like a dalet.
Halacha 2
How are the head tefillin made? We take a cubic wooden block. [It need not, however, be a perfect cube]. If its height is [slightly] more or less than its width, it is of no consequence. We are required to take care only that its width and length are alike.
Three grooves are carved into it so that four projections will be made as depicted. Leather is taken and soaked in water, and then, the mold is placed within it. The leather is inserted in between the grooves.
While [the leather] is still wet, it is plucked and squeezed until the shape of a shin with three heads is formed on the right side of the tefillin as they will be worn, and the shape of a shin with four heads is formed on the left side of the tefillin as they will be worn.
Halacha 3
The leather is then left on the mold until it dries, and then it is removed. Thus, the leather will be [formed into a block] with four empty compartments.
One of the passages from the Torah is placed in each compartment, and then a portion of the leather is folded over beneath them, and then they are sewn closed on all four corners.
Within this lower piece of leather, a place should be left for the straps to be inserted, like a handle. It is called a ma'aboret.
Halacha 4
How are the tefillin of the arm made? We take a wooden block whose length is equal to its width and is a fingerbreadth - or slightly more or slightly less - high, and place wet leather around it.
The leather is left on this mold until it has dried, and then it is removed. The four passages are deposited in the place left by the mold. A portion of the leather is folded over beneath them, and then they are sewn closed on all four corners. A piece of leather, like a handle, should be left for the straps [to be inserted].
Halacha 5
What is the order of the passages? For the head tefillah, the final passage, V'hayah im shamo'a, is placed in the first compartment on the right side of the person putting on the tefillin. Shema is placed next to it. V'hayah ki y'viacha is placed in the third compartment next to Shema, and Kadesh Li is placed in the fourth compartment, on the left side of the person putting on the tefillin.
Thus, a person who is facing the person wearing the tefillin will read them in the following order. If their order is altered, they are not acceptable.
Halacha 6
[The passages for] the arm tefillin are written on four columns on a single piece of parchment like a Torah scroll, according to the order in which these passages are found in the Torah, in the following manner:
If they were written on four separate pieces of parchment and placed in the same compartment, one fulfills one's obligation. There is no need to glue them together.
Halacha 7
When the passages - both of the head and the arm tefillin - are rolled closed, they should be rolled from the end to the beginning, so that were the passage to be rolled open, it would be possible to read each portion from the beginning to the end.
Halacha 8
Before the passages are placed in their compartments, they should be wrapped in a fabric, and hair should be wound around them. Afterwards, they may be placed in their compartments.
This hair should be from a kosher species of animal or beast. Even when these animals died without being ritually slaughtered or were treifah, [their hair is nevertheless acceptable]. It has already become a universally accepted custom to wind hair from the tail of a calf [around these parchments].
Halacha 9
When the tefillin are sewn closed, they may be sewn only with sinews from a kosher species of animal or beast. [Sinews taken from] animals which died without being ritually slaughtered or which were treifah [are nevertheless acceptable].
It is customary to take sinews from the heels of kosher animals and beasts. They are white in color. If they are too firm, they are softened by [pounding them with] stones and the like until they become like flax. Afterwards, they are spun and twisted into threads and used to sew together tefillin and the sheets of Torah scrolls.
Halacha 10
When the tefillin are sewn closed, they should be sewn as a square. It is a widely accepted practice for there to be three stitches on each side, so that there will be twelve stitches in all. This applies for both the arm tefillin and the head tefillin. If, however, one made ten or fourteen stitches, there is no difficulty.
For each of the stitches, the thread must pass through from both sides.
Halacha 11
The groove between [each of the compartments] of the head tefillin should reach the stitches [which sew the tefillin closed]. [Nevertheless,] if the groove is discernible, so that the [division into] four compartments is openly visible, [the tefillin] are acceptable even if the groove does not extend until the stitches. If, however, the groove is not discernible, [the tefillin] are not acceptable.
It is necessary to pass a thread or cord through each of the grooves on [the outer side of] the leather [compartments] to separate between the compartments. It is common custom to pass one of the sinews used to sew [the tefillin closed] between each of these three grooves.
Halacha 12
How are the straps made? We take leather straps [at least] the length of a barley-corn in width. If they are wider than that, they are acceptable. The length of the straps of the head tefillin should be sufficient to surround the head, tie the knot, and extend on either side of the head until they reach the navel or slightly above it.
The length of the strap of the arm should be sufficient to surround the forearm, tie its knot, and extend until it can be wound three times around the middle finger and tied. If the straps are longer than this, they are acceptable.
Halacha 13
One places the straps through their handle, leaving space for the [circumference of] one's head, and ties a square knot, which resembles a dalet. Every Torah scholar should learn how to tie this knot. It is impossible to describe this knot in writing. Rather, it must be seen.
The straps of the hand tefillin should be tied with a knot that resembles a yud. This knot should allow the strap to pass through it so that it can be widened or narrowed while one is tying the tefillin on one's arm.
Halacha 14
The outer surface of the straps of both the head and the arm tefillin must be black. This is a halachah transmitted to Moses on Mount Sinai.
In contrast, with regard to the inner surface, since it faces the inside, it is acceptable if it is green or white. One should not make this [side of the straps] red, since it will be embarrassing for him if they become overturned.
The back of the straps should be the same color as the compartment; if it is green, they should be green; if it is white, they should be white. It is attractive for tefillin to be entirely black, the compartments and the entire strap.
Halacha 15
The leather used to cover the tefillin and from which the straps are made should come from a kosher species of animal, beast, or fowl. Even when these animals died without being ritually slaughtered or were treifah, [their hides are nevertheless acceptable]. If, however, leather from a non-kosher species was used or if they were covered with gold, they are not acceptable.
The leather used for the straps must be processed with the intent that it be used for the mitzvah. In contrast, the leather used to cover the tefillin need not be processed at all. It is even acceptable if it is made from matzah. [Indeed,] this is the practice in many communities.
Halacha 16
tefillin may be made only by a Jew, since making them is equivalent to writing [the passages], because of the shin [embossed] in the leather [compartment] mentioned above. Therefore, if they were made by a gentile or sewn closed by him, they are unacceptable.
Similarly, they may not be made by any others whose writing [of the passages] is not acceptable.
Halacha 17
A head tefillah may not be made into an arm tefillah, but an arm tefillah may be made into a head tefillah, because an article should not be lowered from a higher level of holiness to a lesser one. Similarly, the strap of a head tefillah should not be used for an arm tefillah.
When does the above apply? After one has worn them. However, if head tefillin have never been worn, one may make them into arm tefillin. How is this done? One drapes leather around them until they become a single [compartment] and [then, one can] tie them on his hand.
Halacha 18
[The following laws apply when] the stitches of the tefillin become torn: If two stitches which are located next to each other become torn, or three stitches become torn even though they are not located next to each other, [the tefillin] are unacceptable.
When does the above apply? With regard to old [tefillin]. With regard to new [tefillin], however, if their base remains intact, they are acceptable. [tefillin are considered] to be "new" as long as the leather remains strong and does not tear when one takes hold of a portion of the leather where the stitch was torn and hangs the tefillin. If the leather is not fit to hang the tefillin because it will tear, the [tefillin are considered] "old."
Halacha 19
Should a strap be torn, [the pieces] should not be tied or sewn together. Rather, it should be removed and entombed, and another one [substituted for it].
The remnants of [torn] straps are not acceptable unless their length and width meets - or exceeds - the minimum requirements.
At all times, a person should be careful that the external surface of the straps faces upward when he ties them on his arm and head.
Commentary Halacha 1
There are eight requirements in the making of tefillin. All of them are halachot transmitted to Moses on Mount Sinai - In Chapter 1, Halachah 3, the Rambam mentioned that there were ten requirements for tefillin that were communicated as "halachot transmitted to Moses on Mount Sinai." The first two involve the actual composition of the tefillin. They, and the other laws involving that subject, were discussed in the first two chapters. Now the Rambam discusses the requirements involved in making the tefillin's compartments and straps.
and, therefore, it is necessary to fulfill them all. If one deviates with regard to any of them, the [tefillin] are unacceptable. - Though a "halachah transmitted to Moses on Mount Sinai" is not written in the Torah itself, it is as binding upon us as those laws which are stated explicitly.
They are: a) The tefillin must be square - There is a homiletic dimension to this requirement. Nothing is naturally square. Thus, this shape alludes to man's power of achievement. Wearing tefillin on our heads and opposite our hearts implies that we should exercise our powers of achievement when our minds and hearts are tied to God's mitzvot.
The base of the tefillin must also be square. The Shulchan Aruch (Orach Chayim 32:39) states that this is also a halachah transmitted to Moses on Mount Sinai.
Note Shulchan Aruch HaRav 32:59 and the Mishnah Berurah 32:181, which state that since the squareness of tefillin is a halachah transmitted to Moses on Mount Sinai, the tefillin must remain square at all times. If over the course of time, their shape changes, they may no longer be used.
and must be sewn closed in a square. - See Halachah 10.
[Both] diagonals - of the square on the top and the base of the tefillin
must be equal - The commentaries cite Sukkah 8a, which states that the diagonal of a square is approximately 1.4 times the length of one of its sides.
and thus all four angles will be equal. - Each one being 90 degrees. See Halachot 2 and 4.
b) The leather of the head [tefillin] should have a shin embossed on both its right and left sides. - See Halachah 2.
c) The passages should be wrapped in fabric. - See Halachah 8.
d) A hair should be wound around that fabric. Afterwards, they should be placed in their compartment. - See Halachah 8.
e) They should be sewn [closed] with the sinews [of an animal]. - See Halachot 9-10.
f) The leather compartment in which they are placed should have a place for the straps to pass through so that they can be moved through the [tefillin's] handle. - See Halachot 3-4.
g) The straps should be black. - See Halachot 14.
h) The knot with which they are tied should be the renowned knot that is formed like a dalet. - See Halachah 13. Note Shabbat 62a, which states that the knot of the arm tefillin, which is shaped like a yud, is also a halachah transmitted to Moses on Mount Sinai.
Commentary Halacha 2
How are the head tefillin made? We take a cubic wooden block.- This appears to be the Rambam's preference. It is not, however, an absolute requirement.
[It need not, however, be a perfect cube.] If its height is [slightly] more or less than its width, it is of no consequence. We are required to take care only that its width and length are alike. - Thus, the top of the tefillin must be a perfect square, but its side surfaces need not be square. This ruling is quoted by the Shulchan Aruch and the Ramah (Orach Chayim 32:39).
The Bi'ur Halachah emphasizes that it is not the top surface of the tefillin alone which must be square. At every point along its height, its circumference must be a perfect square. Thus, even if the top surface itself remains square, should the tefillin be crooked or noticeably indented at the sides, they are unacceptable.
Three grooves are carved into it so that four projections will be made as depicted. - The accompanying diagram is based on a drawing by the Rambam himself, which has been copied in all printings of the Mishneh Torah.
Leather is taken - Note our commentary on Chapter 2, Halachah 1, regarding making tefillin by sewing or gluing together separate compartments. This halachah indicates the Rambam's preference for tefillin to be made from a single piece of leather.
and soaked in water, and then, the mold is placed within it. - The authoritative manuscripts of the Mishneh Torah read, "The leather is placed around the mold." This version more accurately describes the process with which tefillin are actually made.
The leather is inserted in between the grooves - and around theFJ 46sides, so that when it dries four compartments will be created.
While [the leather] is still wet, it is plucked and squeezed - with tweezers. The Orchot Chayim states that one must make the shin in this manner, and it is unacceptable to use a mold. The Beit Yosef (Orach Chayim 32), Shulchan Aruch HaRav 32:65, and the Mishnah Berurah 32:193 all mention that though it is theoretically preferable to follow the Orchot Chayim's ruling, nevertheless, until recently, most shinim were made using a mold. At present, however, there are some manufacturers of tefillin who have reverted to the practice of making the shin with tweezers.
until the shape of a shin - The Orchot Chayim mentions that the letter shin is numerically equivalent to 300. In the diaspora, tefillin are worn 300 days during a solar year (according to the opinion which requires that they be worn on chol hamo'ed).
4 with three heads - This is the usual form of the shin.
is formed on the right side of the tefillin as they will be worn, and the shape of a shin with four heads - The Beit Yosef (loc. cit.) explains that the letters on the tablets of the Ten Commandments were hewn into the stone. When a three-headed shin is hewn into stone, the protruding stone appears as a four-headedshin.
is formed on the left side of the tefillin as they will be worn. - The Ramah (Orach Chayim 32:42) rules that tefillin are not disqualified if the sides on which the two shinim are placed are reversed, so long as they possess both forms of the shin.
Commentary Halacha 3
The leather is then left on the mold until it dries, and then it is removed. Thus, the leather will be [formed into a block] with four empty compartments.
One of the passages from the Torah is placed - upright, as a Torah scroll stands in the ark (Shulchan Aruch, Orach Chayim 32:45), with the right side of the passage on the left side of the tefillin (Shulchan Aruch HaRav 32:70).
in each compartment - In Halachah 5, the Rambam describes the order in which the passages are placed into the compartments.
and then a portion of the leather is folded over beneath them - Thus, forming the bottom of the tefillin's base. This is referred to as the titorah, which means "bridge" (Shulchan Aruch, Orach Chayim 32:44). It is given this name because it extends like a bridge below the tefillin (Shulchan Aruch HaRav 32:66).
and then they are sewn closed on all four corners. - The precise manner in which the tefillin are sewn closed is described in Halachah 10.
Within this lower piece of leather, a place should be left for the straps to be inserted - and pass through. This portion should extend outward
like a handle. - Alternatively, "loop" (Aruch).
The width of this "handle" should be less than the width of the base of the tefillin, to distinguish it from the base and thus accentuate the base's squareness (Shulchan Aruch HaRav, loc. cit., Mishnah Berurah 32:177).
It is called a ma'aboret. - which literally means "passageway."
Commentary Halacha 4
How are the tefillin of the arm made? We take a wooden block whose length is equal to its width - Here, also, a square shape is required at the top of the tefillin, along its entire height, and at its base.
and is a fingerbreadth - According to the Shiurei Torah, a fingerbreadth is 2 centimeters in modern measure. The Chazon Ish differs, and considers it 2.4 centimeters.
or slightly more or slightly less - high - Curiously, though the Rambam mentions the preferred size for the arm tefillin in this halachah, he did not suggest a size for the head tefillin in the previous two halachot. Shulchan Aruch HaRav 32:62 relates that people of stature should wear head tefillin that are at least three fingerbreadths high.
Shulchan Aruch HaRav 32:63 and the Mishnah Berurah 32:189 mention that the width and length of the base of the tefillin should be more than one fingerbreadth. Preferably, the width and length of the head tefillin should be two fingerbreadths.
and place wet leather around it. - Thus, forming a single compartment.
The leather is left on this mold until it has dried, and then it is removed. The four passages - which are written on a single piece of parchment
are deposited in the place left by the mold. - As mentioned in the previous halachah, the parchment should be placed upright in the compartment.
A portion of the leather is folded over beneath them, and then they are sewn closed on all four corners. - See Halachah 10.
A piece of leather, like a handle, should be left for the straps [to be inserted]. - The ma'aboret of the arm tefillin is governed by the same principles as explained above with regard to the head tefillin.
Commentary Halacha 5
What is the order of the passages? For the head tefillah, the final passage, V'hayah im shamo'a - The order of the passages chosen by the Rambam - when read by a person facing the person wearing the tefillin - reflects their order in the Torah (Menachot 34b). Hence, V'hayah im shamo'a is referred to as the final passage.
is placed in the first compartment on the right side of the person putting on the tefillin. Shema is placed next to it. V'hayah ki y'viacha is placed in the third compartment next to Shema, and Kadesh Li is placed in the fourth compartment, on the left side of the person putting on the tefillin. - Rashi also prescribes this order for the passages of the tefillin, and this is the order that is accepted as halachah (Shulchan Aruch, Orach Chayim 34:1). Many other Torah authorities (among them Rav Hai Gaon and Rabbenu Tam) suggest a different order, placing the two passages that begin V'hayah, V'hayah ki y'viacha and V'hayah im shamo'a in the center, Shema on the right side of the person wearing the tefillin, and Kadesh Li on his left side.
Thus, a person who is facing the person wearing the tefillin will read them in the following order. - The diagram accompanying this halachah is based on a diagram drawn by the Rambam himself and included in all texts of the Mishneh Torah.
Thus, the Rambam (and similarly, Rabbenu Tam and those who follow his opinion) considered that the order of the passages be calculated from the perspective of a person standing opposite the person wearing the tefillin. In contrast, there are other opinions (Shimusha Rabbah and the Ra'avad) who maintain that the order of the passages should be calculated from the perspective of the person wearing the tefillin. (This produces two further perspectives regarding the order of the tefillin. The Shimusha Rabbah follows the same order as the Rambam except that V'hoyoh im Shamoa, is placed in the first compartment on the left side of the person putting on the tefillin, not on the right side. Similarly, the Ra'avad shares Rabbenu Tam's view, but reverses the sides.)
If their order is altered, they are not acceptable. - For this reason, the Shulchan Aruch (Orach Chayim 34:2) suggest that a God-fearing person put on both a pair of tefillin that follow the opinion of the Rambam and Rashi, and a second pair, that follow the opinion of Rabbenu Tam. Though the Shulchan Aruch mentions certain reservations in this regard, in many communities it has become widespread practice to wear both pairs of tefillin.
Significantly, the She'elot UTeshuvot Min HaShamayim writes that with regard to this dispute an answer was received from heaven, "Just as there is a dispute in the earthly realm, there is a dispute in the spiritual realms."
Commentary Halacha 6
[The passages for] the arm tefillin are written on four columns - each passage being written on a separate column
on a single piece of parchment - Though this is not an absolute requirement, it is preferable (Shulchan Aruch HaRav 32:72; Mishnah Berurah 32:219).
like a Torah scroll - i.e., the parchment is rolled closed.
according to the order in which these passages are found in the Torah - If the passages, in part or in totality, are not written in order, they are unacceptable and may not be corrected.
in the following manner: - The diagram accompanying this halachah is based on a diagram drawn by the Rambam himself and included in all texts of the Mishneh Torah.
If they were written on four separate pieces of parchment and placed in the same compartment, one fulfills one's obligation. There is no need to glue them together. - Although the Ramah (Orach Chayim 32:47) accepts the Rambam's decision, he states that it is customary to glue the parchments together. He emphasizes that it is desirable to use glue that does not contain any non-kosher ingredients.
Commentary Halacha 7
When the passages - both of the head and the arm tefillin - are rolled closed - to be inserted into their compartments.
they should be rolled from the end to the beginning - as a mezuzah must be rolled from אחדtowards שמע(Menachot 31b).
so that were the passage to be rolled open, it would be possible to read each portion from the beginning to the end. - The Bi'ur Halachah (32) states that although rolling the passages is preferable, if the parchments were placed in the tefillin without being rolled closed they are acceptable.
Commentary Halacha 8
Before the passages are placed in their compartments, they should be wrapped in a fabric - The present custom is to use a piece of parchment (Shulchan Aruch, Orach Chayim 32:44). Although the Rambam considers this requirement to be a halachah transmitted to Moses on Mount Sinai, the Ashkenazic authorities do not agree. Accordingly, they maintain that, after the fact, if the passages are not wrapped in this parchment, the tefillin may still be used (Shulchan Aruch HaRav 32:68; Mishnah Berurah 32:205).
The difference between the Rambam and the Ashkenazic authorities depends on their interpretation of a passage from the Jerusalem Talmud (Megilah, Chapter 1). This difference in interpretation is also reflected in the laws regarding correcting a torn Torah scroll. See Chapter 9, Halachah 15.
and hair should be wound around them. Afterwards, they may be placed in their compartments. - All authorities agree that this is a halachah transmitted to Moses on Mount Sinai.
The difference of opinion of whether it is necessary to wrap the tefillin in parchment has created a difficulty with regard to this obligation. The opinions which do not require that the tefillin be wrapped in parchment require that this hair be wrapped around the passages themselves. In contrast, the Rambam, who maintains that it is necessary to wrap them, obligates the hair to be placed around that wrapping.
In practice, it is customary to satisfy both opinions and wrap the hair around the passages, cover them with a parchment, and then wrap the same hair around the parchment as well (Shulchan Aruch HaRav 32:69, Mishnah Berurah 32:209).
This hair should be from a kosher species of animal or beast. - As explained in Chapter 1, Halachah 10, all the elements required for tefillin must be made from species which may be eaten.
Even when these animals died without being ritually slaughtered or were treifah, - wounded or possessing an illness that will cause them to die within a year. The meat of such an animal may not be eaten.
[their hair is nevertheless acceptable]. - As explained in the commentary on the above-mentioned halachah, although these animals themselves may not be eaten, since they come from a kosher species, they are not disqualified.
It has already become a universally accepted custom to wind hair from the tail - The hair from the tail is longer and easier to tie than the hair from the other portions of the body.
of a calf - To recall the sin of the Golden Calf (Shimusha Rabbah).
[around these parchments]. - Based on the Zohar (Parashat Bo), it is customary that the hair which is wound around the passage, V'hayah im shamo'a, be extended and protrude from the compartments slightly (Ramah, Orach Chayim 32:44).
Commentary Halacha 9
When the tefillin are sewn closed, they may be sewn only with sinews - The Shulchan Aruch (Orach Chayim 32:50) states that if sinews are not available, one may sew the tefillin closed with thread made from parchment, until sinews are available. Although there are opinions which object to this ruling, it should be followed if there is no other alternative (Shulchan Aruch HaRav 32:76; Mishnah Berurah 32:227).
from a kosher species of animal or beast. - The Shulchan Aruch (Orach Chayim 32:49) states that it is preferable to use the sinews of an ox.
Significantly, the Rambam does not mention sinews from kosher fowl. The Rabbis have not defined which of a fowl's sinews are classified as םידיג and which are not. Therefore, it is desirable to use the sinews from beasts or animals, and thus avoid this difficulty (Mishnah Berurah, loc. cit.).
[Sinews taken from] animals which died without being ritually slaughtered or which were treifahs [are nevertheless acceptable]. - See the previous halachah.
It is customary to take sinews from the the heels of kosher animals and beasts. They are white in color. If they are too firm, they are softened by [pounding them with] stones and the like until they become like flax. - This halachah serves as another example of the Rambam's desire for the Mishneh Torah to serve as a complete guide for the fulfillment of the mitzvot.
Afterwards, they are spun and twisted into threads - Note Shulchan Aruch HaRav 32:75, which states that the process of spinning the sinews into thread must be carried out with the intent that they be used for this sacred purpose. Accordingly, this process may not be carried out by gentiles.
and used to sew together tefillin and the sheets of Torah scrolls. - A Torah scroll contains many sheets of parchment. It is a halachah transmitted to Moses on Mount Sinai to join these sheets by sewing them with sinews, as explained in Chapter 9, Halachah 13.
Commentary Halacha 10
When the tefillin are sewn closed - If the base of the tefillin is made from a separate piece of leather from the compartments, the stitches must also be connected to the edges of the skin covering the compartments (Shulchan Aruch HaRav 32:77; Mishnah Berurah 32:228).
they should be sewn as a square. - If the stitches are sewn in any other shape, the tefillin are unacceptable.
It is a widely accepted practice for there to be three stitches on each side, so that there will be twelve stiches in all. - The Shimusha Rabbah interprets this to be an allusion to the twelve tribes of Israel.
This applies for both the arm tefillin and the head tefillin. If, however, one made ten or fourteen stitches, there is no difficulty. - Although the simple meaning of the Rambam's statements is that any number of stitches is acceptable, the commentaries have noted that the Shimusha Rabbah also attaches significance to the numbers ten and fourteen. Ten represents the twelve tribes minus Levi (the priestly tribe) and Judah (the tribe of royalty). Fourteen includes also the tribes of Menasheh and Ephraim.
For each of the stitches, the thread - or threads
must pass through from both sides - The tefillin should be sewn closed with two needles: one which is initially passed through facing the upper side of the tefillin, and one which is initially facing their lower side (Mishnah Berurah 32:230).
Commentary Halacha 11
As explained previously, the head tefillin must include four separate compartments. To emphasize that each of these compartments is a distinct entity,
The groove between [each of the compartments] of the head tefillin should reach the stitches [which sew the tefillin closed]. - Thus, the separation between the compartments will be both external and internal.
[Nevertheless,] if the groove is discernible, so that the [division into] four compartments is openly visible, [the tefillin] are acceptable even if the groove does not extend until the stitches - i.e., the separation between the compartments does not extend through the total height of the tefillin.
If, however, the groove is not discernible, [the tefillin] are not acceptable. - Note the Mishnah Berurah 32:187, which states that if the groove between the tefillin is not discernible, the tefillin are not acceptable even if they are divided into four separate compartments. Needless to say, however, if only an external distinction is made, but inside, there is no separation between the compartments, the tefillin are not acceptable (Shulchan Aruch HaRav 32:61).
It is necessary to pass a thread or cord through each of the grooves on [the outer side of] the leather [compartments] to separate between the compartments. - This decision is not accepted by all the authorities. Tosafot, Menachot 32b, states that it is necessary to pass a cord between the compartments only when all four passages are written on a single piece of parchment. See Shulchan Aruch HaRav 32:71, Mishnah Berurah 32:217.
It is common custom to pass one of the sinews used to sew [the tefillin closed] between each of these three grooves. - This halachah raises questions with regard to the process in which tefillin are customarily made today. At present, after the compartments of the tefillin are fashioned into a single block, a sinew is passed between the compartments. Afterwards, they are glued together, and then the entire block is shaped into a square. The grooves we see do not represent the real divisions between the blocks, but are merely external impressions.
This process is employed, because were the compartments not to be glued together, it would be difficult to form the tefillin into a square. Even if that were possible at the outset, problems might arise over the course of time, because the compartments might spread further apart, and thus prevent the square shape from being maintained. Though it is acceptable to use tefillin made in the present manner, the Rabbis suggest using those in which the separation between the compartments remains openly visible afterwards. (See the Responsa of the Chatam Sofer, Orach Chayim 5; and the Bi'ur Halachah 32.)
Commentary Halacha 12
How are the straps made? We take leather straps - See Halachah 15.
[at least] the length of a barley-corn in width. - The Mishnah Berurah 27:42 emphasizes that when the tefillin are being tied around the arm, care must be taken that the straps do not wrinkle - particularly around the knot, where it is natural that they do - so that this minimum width is maintained.
Based on Chapter 9, Halachah 9, we can conclude that this measure is approximately 1 centimeter according to Shiurei Torah and 1.2 centimeters according to Chazon Ish.
If they are wider than that, they are acceptable. The length of the straps of the head tefillin should be sufficient to surround the head, tie the knot - See the following halachah.
and extend on either side of the head until they reach the navel or slightly above it. - The Tur (Orach Chayim 27) writes that, according to one opinion, the strap on the right side should reach the navel and the strap on the left should reach the chest. Another opinion states that the right strap should reach the genitalia, and the left, the navel.
The length of the strap of the arm should be sufficient to surround the forearm - at the muscle (Chapter 4, Halachah 2)
tie its knot - See the following halachah.
and extend - Significantly, neither in this halachah nor in the following chapter, where the Rambam describes the manner in which tefillin are worn, does he mention the custom of winding the tefillin strap seven times around the arm.
until it can be wound three times around the middle finger and tied. - In one of his responsa, the Rambam explains that although the verse, "And you shall tie them for a sign on your hand," refers to the knot tied on the forearm, our Sages divided the word וקשרתם in half, תם וקשר, meaning "And you shall tie a perfect knot." For the knot of the tefillin to be "perfect," the straps should be tied on the hand as well.
If the straps are longer than this, they are acceptable. - From the Rambam's statements in Halachah 19, it would appear that he maintains that the minimum standards mentioned in this halachah are absolute requirements.
The Shulchan Aruch (Orach Chayim 27:11) states that since the minimum measure mentioned in this halachah for the head tefillin is not found in the Talmud, if the only tefillin available do not have straps that conform to these measures, these tefillin should be worn. The straps of the head tefillin, however, must be long enough so that they can be draped in front of the person at least slightly (Shulchan Aruch HaRav 27:22; Mishnah Berurah 27:44).
Commentary Halacha 13
One places the straps through their handle - The extension of the tefillin's base described in Halachah 4.
leaving space for the [circumference of] one's head, and ties - The Pri Megadim writes that this knot must be tied with the specific intent that it be used for the mitzvah.
a square knot, which resembles a dalet. - The Rambam's intent is that though the knot is square, the straps extending from either side each appearFJ 46as the legs of a dalet. Note the Beit Yosef (Orach Chayim 32), which states that it is preferable to tie a knot which is shaped like a dalet itself. (Unlike the Rambam's knot, which is square, this knot is a right angle.) Sephardic and Chassidic custom is to follow the Beit Yosef. Ashkenazim and Yemenites follow the Rambam's view.
Every Torah scholar should learn how to tie this knot. - Chulin 9a mentions this as one of the basic points of knowledge which every Torah scholar should possess.
It is impossible to describe this knot in writing. Rather, it must be seen. - The Eshkol associates this statement with the interpretation (Menachot 35b) of Exodus 33:23: "And you shall see My rear," that God showed Moses the knot of His head tefillin. Since it is impossible to describe that knot, God actually showed it to Moses.
The straps of the hand tefillin should be tied with a knot that resembles a yud. - The Tur (Orach Chayim 32) writes that - together with the shin embossed on the head tefillin and the dalet mentioned above - this yud completes God's name ידש.
Significantly, in Halachah 1, the Rambam does not mention the yud as a "halachah transmitted to Moses on Mount Sinai." Our text of Shabbat 62a confers that status on all three of these letters. Tosafot (Shabbat, loc. cit.) suggests emending the text of that passage and conferring that status on the shin alone.
The Rambam appears to take an intermediate position.
This knot should - have a loop to
allow the strap to pass through it so that it can be widened or narrowed while one is tying the tefillin on one's arm.
Commentary Halacha 14
The outer surface of the straps of both the head and the arm tefillin must be black. - The Shulchan Aruch (Orach Chayim 33:4) states that it is preferable that the straps be dyed black by a Jew with the intent that they be used for the mitzvah of tefillin. According to the Ramah, this is an absolute requirement.
This is a halachah transmitted to Moses on Mount Sinai. - The straps must remain black at all times. Frequently, after the tefillin have been worn for an extended period, the dye on the straps begins to fade (in particular, near the knots). Since the color of the straps is "a halachah transmitted to Moses on Mount Sinai," the tefillin are unacceptable if that color has faded. Accordingly, from time to time, it is desirable to check the straps and, if necessary, dye them again (Mishnah Berurah 33:19).
In contrast, with regard to the inner surface, since it faces the inside, it is acceptable if it is green or white - or any other color (Shulchan Aruch, Orach Chayim 33:3).
One should not make this [side of the straps] red, since it will be embarrassing for him if they become overturned. - People might think that he is infested with skin ulcers and it is the blood oozing from them which makes the straps red (Rashi, Menachot 35a).
The back of the straps should be the same color as the compartment - before it is dyed; alternatively, the color of the underside of the compartment (Kin'at Eliyahu).
if it is green, they should be green; if it is white, they should be white. - i.e., it should be the natural color of the leather.
It is attractive for tefillin to be entirely black, the compartments - The Shulchan Aruch (Orach Chayim 32:40) uses the expression, "It is a mitzvah that they be black." The Nodah B'Yehudah (Orach Chayim 1) cites the Jerusalem Talmud (Megillah 1:9), which states that it is a halachah transmitted to Moses on Mount Sinai that the compartments be black. The Rambam, however, does not consider dyeing the compartments an obligation of this nature.
and the entire strap. - i.e., both sides. This practice was never widely accepted (Beit Yosef, Orach Chayim 33).
Commentary Halacha 15
The leather used to cover the tefillin - i.e., the compartments
and from which the straps are made should come from a kosher species of animal, beast, or fowl. Even when these animals died without being ritually slaughtered or were treifah, [their hides are nevertheless acceptable]. - Shabbat 108a derives this concept through the exegesis of Exodus 13:9, "So that the Torah of God will be in your mouths."
If, however, leather from a non-kosher species - since it is not permitted to be eaten, it may not be used for tefillin
was used or if they were covered with gold, they are not acceptable. - The Rambam appears to be stating that the compartments themselves may not be made from leather from a non-kosher species or from gold. The Shulchan Aruch (Orach Chayim 32:48), adds that this prohibition forbids attaching these substances to kosher tefillin.
The leather used for the straps must be processed with the intent that it be used for the mitzvah. - If it was not processed with this intent, it is unacceptable (Shulchan Aruch HaRav 33:3; Mishnah Berurah 33:17).
In contrast, the leather used to cover the tefillin - i.e., the compartments
need not be processed at all. - Accordingly, if processed, it is not necessary that it be processed with the intent that it be used for a mitzvah.
The Rambam's view is not accepted by most authorities. Rabbenu Asher states that the leather must be processed and that the processing must be carried out with the intent that the leather be used for the mitzvah. The Shulchan Aruch (Orach Chayim 32:37) accepts Rabbenu Asher's view, but writes that if no other tefillin are available, it is possible to rely on the Rambam's opinion.
It is even acceptable if it is made from matzah. - Shabbat 79a describes this as leather which was not processed with flour and salt and, therefore, likened to matzah, which is simple, without any flavoring.
[Indeed,] this is the practice in many communities. - In one of his responsa, the Rambam writes that such leather is used because it is easier to shape. Others state that such leather becomes firmer.
Commentary Halacha 16
tefillin may be made only by a Jew, since making them is equivalent to writing [the passages] - for which a gentile is disqualified, as explained in Chapter 1, Halachah 13.
because of the shin [embossed] in the leather [compartment] mentioned above. - Halachah 2. Since embossing that shin is equivalent to writing, it must be done by a Jew with the proper intent.
Therefore, if they were made by a gentile or sewn closed by him, they are unacceptable. - The Beit Yosef (Orach Chayim 39) explains that since making tefillin has one element which is equivalent to writing the passages, every deed connected with making them may be performed only by those permitted to write them.
Similarly, they may not be made by any others whose writing [of the passages] is not acceptable - for example, an apostate, a woman, a minor, or a Canaanite slave (Chapter 1, Halachah 13).
Commentary Halacha 17
A head tefillah may not be made into an arm tefillah - for the reason to be explained immediately
but an arm tefillah may be made into a head tefillah - by making four compartments, separating the passages, and placing each one in its respective compartment. Similarly, a shin must be embossed on either side of the tefillin.
because an article should not be lowered from a higher level of holiness - Rashi (Menachot 34b) explains that the head tefillin are considered to be on a higher level because they have the first two letters of the name שדי (the embossed shin and the dalet of the knot). In contrast, the arm tefillah has only one letter, the yud of the knot.
to a lesser one. - This principle is applied in many other contexts in Torah law. For example, Hilchot tefillah 11:14 states that a house of study may not be transformed into a synagogue, because a house of study is on a higher level of holiness.
Similarly, the strap of a head tefillah should not be used for an arm tefillah. - Within its discussion of these laws, the Shulchan Aruch (Orach Chayim 42:3) also mentions the prohibition against using articles associated with tefillin - e.g., a carrying bag - for mundane purposes.
When does the above apply? After one has worn them. However, if head tefillin have never been worn, one may make them into arm tefillin. - The commentaries explain that this halachah communicates a fundamental principle of Torah law, הזמנה, designating an article to be used for a sacred purpose, alone is not sufficient for this holiness to be imparted to them. They must first be used for the purpose for which they were intended.
[Homiletically, this teaches us how important it is to express in deed all the resolves which we have made.]
How is this done? One drapes leather around them until they become a single [compartment] and [then, one can] tie them on his hand - The fact that inside, they are still divided into four compartments is not significant.
Commentary Halacha 18
[The following laws apply when] the stitches of the tefillin - which sew the upper portion of the tefillin's base to the lower portion, as described in Halachot 9 and 10
become torn: If two stitches which are located next to each other become torn, or three stitches become torn even though they are not located next to each other, [the tefillin] are unacceptable. - Menachot 35a mentions these laws with regard to "tefillin being torn." The Rambam explains that this refers to the stitches, as stated in this halachah. Rabbenu Asher, however, interprets this passage as referring to the leather separating one of the compartments of the head tefillin from the other. The Shulchan Aruch (Orach Chayim 33:1-2) quotes both opinions as halachah.
When does the above apply? With regard to old [tefillin]. With regard to new [tefillin], however, if their base remains intact, they are acceptable. - Our translation of טבלה as "base" follows the interpretation of most authorities. Note, however, the Bi'ur Halachah (33), which stresses the emphasis the Rambam placed on the stitches being sewn in a square shape. (See Halachot 1 and 10.) If some of the stitches are torn, he explains, then the shape of these stitches may no longer be square, and that is the difficulty to which the Rambam is referring. Thus, he interprets טבלה is referring to "the square shape of the stitches."
[tefillin are considered] to be "new" as long as the leather remains strong and does not tear when one takes hold of a portion of the leather where the stitch was torn and hangs the tefillin. If the leather is not fit to hang the tefillin because it will tear, the [tefillin are considered] "old." - Note that Rashi (Menachot, loc. cit.) and others interpret the passage as ruling more leniently with regard to "old" tefillin than "new" tefillin. Accordingly, Shulchan Aruch HaRav 33:2 and the Mishnah Berurah 33:15 state that, at the outset, one should follow the stringencies implied by both opinions, and replace the stitches whether the tefillin are new or old. If that is impossible and it is impossible for the person to obtain other tefillin, he may wear those with torn stitches whether they are new or old.
Commentary Halacha 19
Should a strap be torn, [the pieces] should not be tied or sewn together. - Menachot 35b derives this concept from the word וקשרתם, “And you shall tie them." As mentioned, this word can be divided in half – תם וקשר - which means "and you shall tie perfectly."
Rather, it should be removed and entombed - Since it was used for a mitzvah, it may not be discarded casually (Megillah 26b).
and another one [substituted for it]. - The Shulchan Aruch (Orach Chayim 33:5) mentions an opinion which allows one to sew (but not tie) the two portions of the torn strap together. It concludes that it is preferable to follow the Rambam's view, but if there is no alternative, the more lenient opinion may be followed.
The remnants of [torn] straps are not acceptable - i.e., if a strap tears, one may not continue using one of the pieces
unless their length and width meets - or exceeds - the minimum requirements - mentioned in Halachah 12.
At all times, a person should be careful that the external surface of the straps faces upward - Menachot 35b states, "Their attractive side should face outward." Mo'ed Katan 25a relates that Rav Huna fasted for forty days to atone for the fact that his tefillin strap once became overturned.
when he ties them on his arm and head. - Shulchan Aruch HaRav 27:19 and the Mishnah Berurah 27:38 place greater emphasis on the portion of the strap which is tied around one's head and arm. If these portions of the strap become overturned, one should seek atonement by fasting or by donating to charity. Nevertheless, care should also be taken that the remainder of the straps do not turn over.
Tefillin, Mezuzah and Sefer Torah - Chapter Four
Halacha 1
Where are the head tefillin placed? They should be placed at the point of the skull, the end of the hairline towards the face, the place where a child's brain [can be felt] to pulsate.
Care must be taken to position them in the center, so that they will be "between the eyes." The knot should be at the top portion of the neck, the bottom of the skull.
Halacha 2
The arm [tefillin] should be tied to one's left arm at the muscle - i.e., the bulging flesh of the arm between the shoulder and the elbow. Thus, if one presses his arm to his ribs, the tefillah will be opposite his heart, thus fulfilling the directive [Deuteronomy 6:6], "And these words... shall be upon your heart."
Halacha 3
A person who places the arm tefillah on his palm, or the head tefillah on his forehead, follows the way of the Sadducees. A person who makes his tefillin rounded like a nut does not fulfill the mitzvah at all.
A left-handed person puts tefillin on his right hand, since [figuratively,] it is his left hand. If he is ambidextrous, he should place them on his left hand - i.e., his left hand in a literal sense.
The places where to tie and place the tefillin were received as part of the oral tradition.
Halacha 4
The [absence of the] head tefillah does not preclude [wearing tefillin] on the arm, and similarly, the [absence of the] arm tefillah does not preclude [wearing tefillin] on the head. They are two mitzvot, each one to be considered independently.
What blessings are recited? On the head tefillin, one recites: "[Blessed are You...] who has sanctified us with His commandments and commanded us concerning the mitzvah of tefillin." On the arm tefillin, one recites: "[Blessed are You...] who has sanctified us with His commandments and commanded us to put on tefillin."
Halacha 5
When does the above apply? When one puts on only one of them. If, however, one puts them both on, one recites only a single blessing, "...to put on tefillin."
One should tie the tefillin on one's arm, and afterwards put on the head tefillin. When one removes them, the head tefillin should be removed, and then the arm tefillin.
Halacha 6
[After] reciting the blessing, "...to put on tefillin," and tying the tefillin on one's arm, one is forbidden to talk - even to respond to a greeting from one's teacher - until he puts on the head tefillin. If he talks, it is considered to be a transgression. [In such an instance,] one is required to recite the second blessing, "...concerning the mitzvah of tefillin," and then put on the head tefillin.
Halacha 7
Whenever a person puts on tefillin - even if he removes them and puts them on several times throughout the day - he should recite a blessing for them.
With regard to all mitzvot: one recites a blessing for them before performing them. Therefore, one should recite the blessing for the arm tefillah after placing it on one's muscle, before tying it, since tying it comprises the fulfillment of the mitzvah.
Halacha 8
When a person removes his tefillin to place them in a container, he should not place the arm tefillah below and the head tefillah above, because when he wants to put them on, he will encounter the head tefillah first. Thus, he will [be forced to] ignore it and take out the arm tefillah, since one should not put on the head tefillah before the arm tefillah.
[This is undesirable because] it is forbidden for a person to ignore one mitzvah and proceed to the fulfillment of another mitzvah. Rather, as soon as a mitzvah comes to a person's hand, he should occupy himself with it. Therefore, a person should place the arm tefillin above, so that he will encounter it first, and thus put on the tefillin in the proper sequence.
Halacha 9
A container that was made for tefillin to be placed in and which was used for that purpose becomes holy. It is forbidden to use it for mundane purposes.
If a container was prepared for that purpose, but never used for it, or if a container was temporarily used for tefillin, but was not prepared for that purpose, it does not become holy. Rather, it is considered an ordinary article as before.
It is forbidden to suspend tefillin. [This applies regardless of whether one suspends them] by their straps or from the tefillah itself. One may, however, suspend the bag in which they are placed.
Halacha 10
The time for wearing tefillin is the day and not the night, as [Exodus 13:10] states: "And you shall observe this statute in its appointed time, from day to day." "This statute" refers to the mitzvah of tefillin.
Similarly, Sabbaths and holidays are not days on which tefillin [are worn], as [Exodus 13:9] states: "And they shall be a sign for you." Since the Sabbaths and the holidays are themselves signs, [the sign of tefillin is unnecessary].
When does the time to put them on begin? When one can see a colleague standing four cubits away and recognize him. [It continues] until sunset.
Halacha 11
It is permitted for a person who put on tefillin before sunset to continue wearing them after nightfall. They may even remain upon him the entire night.
This law, however, is not to be taught in public. Instead, everyone should be taught not to wear tefillin at night and to remove them before sunset.
A person who puts on tefillin after sunset transgresses a Scriptural prohibition, as [implied by Exodus 13:10]: "And you shall observe this statute... from day to day."
Halacha 12
When a person is wearing tefillin in the midst of a journey and the sun sets, marking the commencement of the Sabbath, he should cover them with his hand until he reaches his home and then, remove them.
If he is sitting in the house of study and the sun sets, marking the commencement of the Sabbath, he should cover them with his hand until he reaches his home, and then remove them.
If there is a house located near the wall [of a city] where they would be safe, he should place them there. If, however, he did not remove his tefillin after sunset because he did not have a place where they would be safe, it is permissible for him to continue wearing them in order to protect them.
Halacha 13
All those who are exempt from the obligation to recite the Shema are exempt from the obligation to wear tefillin. If a minor knows [the importance of] guarding his tefillin, his father should obtain tefillin for him, to educate him regarding the performance of mitzvot.
A person with stomach problems and anyone who can contain his excretory functions only with difficulty are exempt from the obligation to wear tefillin. [In contrast,] all those ritually impure are obligated to wear tefillin like one who is pure.
A person who suffers discomfort, or someone who is disturbed and cannot concentrate his thoughts, is exempt from the obligation to wear tefillin, since a person who wears tefillin is forbidden to divert his attention from them.
Priests who are in the midst of [the Temple] service, Levites who chant on the platform, and Israelites while they are attending the Temple [ceremonies] are exempt from the obligation to pray and to wear tefillin.
Halacha 14
A person should touch his tefillin [from time to time] during the entire time he is wearing them, so that he will not divert his attention from them even for a single moment, for their holiness surpasses that of the tzitz. The tzitz has God's name [written] upon it only once, while the head tefillin - and similarly, the arm tefillin - contain the name י-ה-ו-ה 21 times.
Halacha 15
tefillin require a clean body; i.e., that one should be careful not to release gas while wearing them.
Accordingly, it is forbidden to sleep while wearing them - neither a long sleep nor a nap. If, however, one places a cloth over them and a woman is not with him, one may nap while wearing them. What should he do? Place his head between his knees and sleep while sitting.
Halacha 16
A person who has tefillin wound around his hand is permitted to sleep with them. [This applies] even to a long sleep.
He may eat only a snack while wearing them. If, however, he enters to partake of a regular meal, he should remove them and place them on the table until after he washes his hands [at the conclusion of the meal]. Afterwards, he should put them on and recite grace over his meal while wearing them.
Halacha 17
[The following rules apply with regard to a person] wearing tefillin who must use the lavatory: [He should remove his tefillin but,] while he enters, he should not place them in the holes [of the outer wall of the lavatory] which are near the public domain, lest they be taken by passersby.
What should he do? Even if he [merely] has to urinate, he should remove his tefillin four cubits away [from the lavatory] and roll them in his clothes like a Torah scroll, holding them near his heart with his right hand. He must take care that the strap does not protrude more than a handbreadth from his hand. Afterwards, he should enter and relieve himself. After leaving the lavatory and walking more than four cubits away, he should put them on.
Halacha 18
When does the above apply? In a permanent lavatory where drops [of urine] will not sprinkle upon him. In contrast, in a place that is temporarily being used as a lavatory, one should not enter, [holding tefillin] wound up in one's hand. Instead, one should remove them [outside the lavatory] and give them to a colleague to guard.
Urine cannot be expelled [without drops sprinkling] even in a permanent lavatory unless one squats. If [the floor is covered] with soft dust, [drops will not sprinkle] even when one stands. If the floor is hard, one should stand on an incline [and urinate], so that drops will not sprinkle on him.
Halacha 19
When a person is wearing tefillin and must relieve himself in the evening, when there would be no time left in the day to put them on again after he finishes, he should not enter a lavatory, [holding them] rolled up in his clothes.
What should he do [instead]? He should remove them and place them in their container if it is a handbreadth in size, or in another container which is not specific for them even though it is not a handbreadth in size. He should hold the container in his hand when he enters the lavatory. Similarly, if he needs to relieve himself at night, he should place them in a container and enter the lavatory, holding the tefillin in his hand.
Halacha 20
If a person forgot and entered a lavatory while wearing tefillin, he should cover them with his hand until he completes expelling the first issue of feces or urine, and then leave the lavatory, remove the tefillin, return, and complete relieving himself. Were one to interrupt in the midst of expelling the first outburst of feces or urine, he might become very dangerously ill.
Halacha 21
If a person forgot and had intercourse while wearing tefillin, he should not hold either the straps or the compartments themselves until he washes his hands. [Then, he should] remove them. [This restriction was instituted] because hands are active.
Halacha 22
[The following rules apply to] a person who enters a bathhouse: In the rooms where people stand clothed, it is permitted to put on tefillin. In the rooms where some of the people stand naked and some clothed, one need not remove one's tefillin, nor, at the outset, should one put tefillin on there. In the rooms where [everyone] stands naked, one should remove one's tefillin and, needless to say, one should not put them on.
Halacha 23
A person should not walk in a cemetery wearing his head tefillin. Even [outside a cemetery], a person should remove his tefillin if he comes within four cubits of a corpse or a grave, until he distances himself four cubits from them.
A person should not put on tefillin [when he is naked]. He must first cover his genitalia and put on his clothes.
A person who is carrying a load on his head should remove his head tefillin [and not put it on again] until he puts down his load. It is even forbidden to wear a handkerchief around one's head when wearing tefillin. One may, however, wear a hat over the tefillin.
Halacha 24
When tefillin or a Torah scroll are in a room, it is forbidden to engage in sexual relations, unless they are removed or placed into a container, and that container placed into a second container which is not specific to them. If, however, the second container designated for them, even ten containers are considered as a single container.
Should a person place [the sacred articles] in two containers, he may place them at the head of his bed, between a cushion and a pillow, as long as they are not under his head, so that he can protect them. [This applies] even if his wife is together with him in bed.
Halacha 25
The holiness associated with tefillin is very great. As long as a person is wearing tefillin on his head and arm, he will be humble and God-fearing and will not be drawn to frivolous behavior or empty speech. He will not turn his thoughts to evil matters, but rather will direct his heart to words of truth and justice.
Accordingly, a person should try to wear [tefillin] throughout the entire day, for this is the mitzvah associated with them. Among the praises conveyed upon Rav, the student of Rabbenu Hakadosh, was that he was never seen walking four cubits without [reciting words of] Torah, without tzitzit, and without tefillin.
Halacha 26
Although it is a mitzvah to wear [tefillin] throughout the entire day, it is most important during prayer. Our Sages declared: "Whoever recites the Shema without tefillin is considered as if he is giving false testimony."
Whoever does not wear tefillin transgresses eight positive commandments, for in each of the four passages contained in the tefillin we are commanded to wear both head and arm tefillin. [The rewards for wearing tefillin are also great.] Whoever wears tefillin regularly will live long, as [implied by Isaiah 38:16]: "God is upon them, they shall live."
Commentary Halacha 1
Where are the head tefillin placed? - Though all four Biblical passages state that the tefillin should be worn "between your eyes," Menachot 37b establishes a correlation between these verses and Deuteronomy 14:1, "Do not place a bald spot between your eyes," and explains that, just as in the latter verse, "between your eyes" refers to the skull, so, too, the verses which concern tefillin imply a place on the skull.
They should be placed at the point of the skull, the end of the hairline towards the face - The Tur (Orach Chayim 27) states that the place for the head tefillin is the point of the skull, "the end of the hairline towards the face until the place where a child's brain [can be felt] to pulsate." In his commentary on the Tur, Rav Yosef Karo notes the difference in phraseology between the Tur and the Rambam, and in his Shulchan Aruch (Orach Chayim 27:9), he quotes the Tur's text.
the place where a child's brain [can be felt] to pulsate. - Our translation is based on the Kessef Mishneh. Instead of "pulsate," Rashi (Menachot 37a) interprets רופס as "is soft."
Care must be taken to position them in the center - of the head,
so that they will be - parallel to the place
"between the eyes." - However, to place the tefillin actually between one's eyes is forbidden and is considered as heresy (Halachah 3; Megillah 4:7).
The knot - mentioned in Chapter 3, Halachah 13
should be at the top portion of the neck - Menachot 35b states that lifting the knot to the top portion of the neck will cause "Israel to be above and not below."
the bottom of the skull. - the portion opposite the face. Care should be taken that the knot be positioned in the center of the neck and not move from side to side (Shulchan Aruch, Orach Chayim 27:10). This point is directly opposite the space between the eyes.
Commentary Halacha 2
The arm [tefillin] should be tied to one's left arm -Menachot 37a brings a number of exegetical references which indicate that tefillin should be placed on the left arm. Among them, "It is written, 'And you shall tie' and 'And you should write.' Just as writing is done with the right hand, so, too, tying should be done with the right hand." Tying tefillin with one's right hand implies that they are placed on the left.
at the muscle - but not above the muscle (Shulchan Aruch HaRav 27:2; Mishnah Berurah 27:4)
i.e., the bulging flesh of the arm between the shoulder and the elbow. - Menachot 37b explains that though the verse literally states that tefillin should be placed on the hand, the exegesis of several verses indicates that they are placed on the muscle. The interpretation of the verse, "And these words..." quoted by the Rambam is one of the proofs cited there.
Thus, if one presses his arm to his ribs, the tefillah will be opposite his heart - The tefillin, and, in particular, the yud of the knot, should be tilted to face the heart (Shulchan Aruch, Orach Chayim 27:1,2).
thus, fulfilling the directive [Deuteronomy 6:6], "And these words... shall be upon your heart." - This position implies that one should subjugate the desires and feelings of his heart to God (Shulchan Aruch, Orach Chayim 25:5).
Commentary Halacha 3
A person who places the arm tefillah on his palm - in contrast to our Sages' definition of the phrase, "on your hand"
or the head tefillah on his forehead - in contrast to our Sages' definition of the phrase, "between your eyes"
follows the way of the Sadducees. - In his commentary on Avot 1:3, the Rambam writes that Tzadok and Baithos were students of Antigonus of Socho. When they heard their teacher declare, "Do not serve the master for the sake of receiving a reward," they were upset, since they thought that he was implying that no reward would be given for the performance of mitzvot. They spoke about the matter between themselves and decided to reject the Torah.
They began splinter groups which rejected the core of Jewish practice, and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Divine was the Written Law. The Oral Law was merely a human invention.
This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would frequently refer to all those who deny the Torah and its tradition to be Sadducees ("followers of Tzadok") or Baithosees ("followers of Baithos").
A person who makes his tefillin rounded like a nut - Megillah 24b, the source for this law, adds, "they are dangerous," for they can fracture the person's skull. Though absent in the standard published edition, this line is included in many texts of the Mishneh Torah. The Kessef Mishneh, however, explains the line's omission since it does not teach us any halachic concepts.
does not fulfill the mitzvah at all - because, as stated in Chapter 3, Halachah 1, tefillin must be square.
A left-handed person puts tefillin on his right hand, since [figuratively,] it is his left hand. - Menachot 37a states that tefillin must be placed on the weaker hand. For a left-handed person, this is the right hand.
If he is ambidextrous, he should place them on his left hand - i.e., his left hand in a literal sense. - Note the Ramah (Orach Chayim 27:6), who explains that everything depends on the hand with which the person writes. If he writes with his left hand, the tefillin should be placed on the right.
Rav Shlomo Kluger, the Tzemach Tzedek, and other later authorities have dealt with questions concerning people who are ambidextrous to varying degrees. Frequently, they have advised that such a person wear tefillin on one of his arms during the prayer service, and afterwards place them on the other arm, to make sure that he fulfills the mitzvah.
The places where to tie and place - The arm tefillah is "tied," while the head tefillah is "placed." This reflects the commandment in Deuteronomy 6:8, "And you shall tie them... on your hand and they shall be... between your eyes." We must actually tie the arm tefillin upon our bodies. In contrast, the mitzvah of the head tefillin is that "it be" - i.e., be positioned in its appropriate place.
the tefillin were received as part of the oral tradition. - In his Introduction to the Commentary on the Mishnah, the Rambam explains that, on Mount Sinai, Moses was given instructions how to observe all the mitzvot. This constituted the "oral tradition." Though the Sages of the Talmud may have used certain verses from the Torah as allusions to these instructions, the fulfillment of the mitzvot began at Sinai (or shortly afterwards, depending on the mitzvah). The people did not need the allusions from the Torah to tell them how to fulfill the mitzvot, since they had already received this information orally from Moses.
To relate these concepts to the present context: Although the Sages mentioned several exegetical references to the places where tefillin are worn, it is not that the Sages discovered the proper position for tefillin. Rather, directly after they were given the commandment to put on tefillin, the Jews placed them on their arms and heads. Years later, the Sages sought allusions for these practices in the Written Law.
Commentary Halacha 4
The [absence of the] head tefillah does not preclude [wearing tefillin] on the arm - i.e., if a person does not have a head tefillah or is in a situation where it is inappropriate to wear the head tefillah (see Halachah 23), he should still wear the arm tefillah
and similarly, the [absence of the] arm tefillah - or if a person lost the arm on which he should place tefillin
does not preclude [wearing tefillin] on the head. - The Kessef Mishneh mentions a version of the Rambam's Commentary on the Mishnah (Menachot 4:1) which differs with this ruling. Rav Kapach explains that he is referring to the initial version of the Commentary on the Mishnah, which the Rambam later revised.
In that initial version, the Rambam explains (based on Menachot 44a) that the Sages feared that if a person were given license to wear only one tefillah, he might hesitate from purchasing the other one. Therefore, they allowed one to wear a single tefillah only when he already possessed the second one. When the Rambam reviewed that commentary, he emended the text to concur with the decision here.
They are two mitzvot, each one to be considered independently. - Since there are two different commandments in the Torah, "And you shall tie... and they shall be...," they are regarded to be two separate mitzvot.
What blessings are recited? On the head tefillin, one recites: - See the following halachah, where the Rambam explains that, generally, it is proper to recite only a single blessing.
"[Blessed are You...] who has sanctified us with His commandments and commanded us concerning the mitzvah of tefillin." On the arm tefillin, one recites: "[Blessed are You...] who has sanctified us with His commandments and commanded us to put on tefillin." - It is possible to explain the difference in the two blessings as follows: With regard to the arm tefillin, the Torah states, "And you shall tie them," requiring a deed, and hence the expression "put on." In contrast, the head tefillin are required "to be... between your eyes." Since less emphasis is placed on our actions, it is appropriate to praise God "concerning the mitzvah of..." (Rav Yehudah ben Yakar).
Commentary Halacha 5
When does the above apply? When one puts on only one of them. - As mentioned in the previous halachah, at times one can put one on without the other. On such occasions, the appropriate blessing should be recited for each tefillah.
If, however, one puts them both on - one after the other without interruption. (The rulings governing an interruption are discussed in the following halachah.)
one recites only a single blessing, "...to put on tefillin." - This phrase can also refer to putting on the head tefillin, since both mitzvot share the same intent. Hence, if no interruption is made between the two, it is unnecessary - and therefore, we are forbidden - to recite a second blessing.
This ruling is quoted by the Shulchan Aruch (Orach Chayim 25:5) and is followed by all Sephardic authorities and some Ashkenazic authorities. The majority of the Ashkenazic community follows the opinion of Rabbenu Asher (quoted by the Ramah, Orach Chayim, loc. cit.) which maintains that the two blessings should be recited even when no interruption is made between putting on the two tefillin.
This opinion agrees that the blessing "...to put on tefillin" also applies to the head tefillin. Therefore, even according to this opinion, it is forbidden to make an interruption between putting on the two tefillin; nevertheless, the Sages instituted a second blessing in recognition of the unique importance and holiness of the head tefillin.
The later authorities have added that because of the possibility that the second blessing is being recited in vain, one should recite the phrase Baruch shem kavod malchuto le'olam va'ed.
One should tie the tefillin on one's arm - Rabbenu Asher and the Shulchan Aruch (Orach Chayim 25:11) write that one should put on the head tefillin directly after tying the tefillin to the arm, before continuing to wind the straps around the hand. Thus, no interruption at all will be made between the fulfillment of the two mitzvot.
There are, however, certain opinions (see the commentary of Rav David Arameah) that maintain that since tying the arm tefillin around the middle finger is an essential element of the mitzvah, this should be done before putting on the head tefillin.
Our present practice follows the Ari zal who would wind the tefillin straps around his forearm, put on the head tefillin, and then, tie the straps around his hand (Shulchan Aruch HaRav 25:24, Mishnah Berurah 25:38).
and afterwards, put on the head tefillin - following the order stated in the Biblical commandment (Menachot 36a).
When one removes them, the head tefillin should be removed, and then the arm tefillin. - Menachot (loc. cit.) continues, explaining that the phrase, "they shall be totafot (plural) between your eyes," teaches us that "as long as the tefillin are 'between your eyes,' 'they should be' - i.e., one should wear both tefillin. Thus, the head tefillah should be removed before the arm tefillah.
Commentary Halacha 6
[After] reciting the blessing, "...to put on tefillin," and tying the tefillin on one's arm, one is forbidden to talk - for doing so would constitute an interruption between putting on the two tefillin. Other interruptions - e.g., to signal to a colleague or to wink at him - are also forbidden. They do not, however, require a second blessing.
even to respond to a greeting from one's teacher - The Rambam chooses this example because a person is required to show deference to his teacher. Accordingly, although normally one is forbidden to interrupt the recitation of the Shema, one may do so to greet his teacher or return his greetings, according to the rules outlined in Hilchot Kri'at Shema 2:15-16.
The comparison to a teacher is also significant from a different perspective. Hilchot Kri'at Shema (loc. cit.) discusses when one may interrupt one's prayers "because of fear" - e.g., when one encounters a gentile king. Whenever an interruption is allowed in deference to such a king, one may also respond to Barchu, Kedushah, or Kaddish, for they are expressions of deference to the King of kings (Tur, Orach Chayim 66).
From the fact that the Rambam mentions the prohibition against talking between putting on the two tefillin in the context of deference to one's teacher, one might assume that he would allow an interruption in the above situations when deference to God is involved. Though this opinion is accepted by many early and later authorities (Rabbenu Tam, Rav Shneur Zalman of Liadi), the Shulchan Aruch (Orach Chayim 25:10) forbids making such an interruption.
until he puts on the head tefillin. If he talks, it is considered to be a transgression - since, by doing so, he obligates himself to recite a second blessing that would otherwise not be required. Reciting an unnecessary blessing violates the prohibition, "Do not take the name of God, your Lord, in vain" (Exodus 20:7).
Based on Deuteronomy 20:8, the Sages explained that the Jewish army should be composed only of righteous men. Any sinners were excused from military service. Significantly, there are opinions which consider this transgression significant enough for a person to be included in this category (Sotah 44b).
[In such an instance,] one is required to recite the second blessing, "...concerning the mitzvah of tefillin," and then put on the head tefillin. - The Ramah (Orach Chayim 25:9) requires that the person also repeat the blessing "...to put on tefillin" in this instance. According to his opinion, the blessing "...concerning the mitzvah of tefillin" was instituted as praise for the special holiness of the head tefillin, and is not recited for the performance of the mitzvah itself.
Commentary Halacha 7
Whenever a person puts on tefillin - This halachah may be difficult for many people to comprehend, because they associate wearing tefillin with the prayer service alone. In truth, as explained in Halachot 10, 25, and 26, the mitzvah of tefillin applies throughout the entire day, and the restriction of wearing them only during the prayer service is a relatively recent development.
even if he removes them and puts them on several times throughout the day - Every moment one wears tefillin, one fulfills a mitzvah. Therefore, it is proper to recite a blessing each time one puts them on.
he should recite a blessing for them. - The Ramah (Orach Chayim 25:12) states that if a person removes his tefillin with the intent of putting them on again in the near future, it is not necessary for him to recite a blessing.
With regard to all mitzvot: one recites a blessing for them before performing them. - See Hilchot Berachot 11:2-8 for a discussion of this principle.
Therefore, one should recite the blessing for the arm tefillah after placing it on one's muscle - and not beforehand, so that the blessing is recited directly before the mitzvah is fulfilled (Kessef Mishneh).
before tying it - i.e., tightening the knot around the muscle
since tying it comprises the fulfillment of the mitzvah. - See the commentary on Halachah 3.
One should recite the blessing for the head tefillah after placing it on one's head, before adjusting the straps around the head (Ramah, Orach Chayim 25:8).
Commentary Halacha 8
When a person removes his tefillin to place them in a container - This refers to the bag in which the tefillin are held, and not the cases in which they are usually placed. Based on Shulchan Aruch HaRav 25:3, it appears that as long as the tefillin are enclosed in these cases, the laws mentioned below would be modified slightly.
he should not place the arm tefillah below and the head tefillah above, because when he wants to put them on, he will encounter the head tefillah first. - From Shulchan Aruch HaRav 25:3 and the Mishnah Berurah 25:3, it appears that "encounter" must be taken literally. One need not actually hold the tefillin for these laws to apply.
Thus, he will [be forced to] ignore it and take out the arm tefillah, since one should not put on the head tefillah before the arm tefillah - as explained in Halachah 5.
[This is undesirable because] it is forbidden for a person to ignore one mitzvah and proceed to the fulfillment of another mitzvah. - From the Rambam's statements, it appears that even when one encounters the head tefillin first, it is proper to put on the arm tefillin first. Although there are authorities (e.g., Rabbenu Yerucham) who do not accept this decision, the Shulchan Aruch (Orach Chayim 25:6) rules in this manner.
This decision can be explained as follows: The concept not to bypass the performance of a mitzvah is a Rabbinic law. (Although below, a verse from the Torah is cited as the source for this concept, that verse is merely an allusion.) In contrast, the obligation to put the arm tefillin on first is derived from the Torah itself. Hence, it is given priority (Mishneh Berurah 25:23).
Rather, as soon as a mitzvah comes to a person's hand, he should occupy himself with it. - On Exodus 12:17, "And you shall watch the matzot," the Mechilta comments, "Do not read 'matzot'; read 'mitzvot,' and explains that just as matzot must be baked hurriedly so they do not leaven, mitzvot should be performed with eagerness, without delay.
Therefore, a person should place the arm tefillin above, so that he will encounter it first, and thus put on the tefillin in the proper sequence. - The Rambam's statements are quoted by the Shulchan Aruch (Orach Chayim 28:2). Shulchan Aruch HaRav 28:8 and the Mishnah Berurah 28:7, however, suggest that it is preferable not to place the arm tefillin directly above the head tefillin, because the head tefillin possess a higher level of holiness (Chapter 3, Halachah 17). Rather, a wide bag should be made, where they can be placed side by side, with the arm tefillin slightly above.
Commentary Halacha 9
A container that was made for tefillin to be placed in and which was used - even once (Shulchan Aruch, Orach Chayim 42:3)
for that purpose - As will be explained, both these particulars are necessary.
becomes holy. It is forbidden to use it for mundane purposes. - e.g., to serve as a container for ordinary articles. If, however, when the container was made, the person had the intent to use it for tefillin only temporarily, and then to use it for another purpose, the Ramah (Orach Chayim, loc. cit.) allows it to be used for mundane purposes.
If a container was prepared for that purpose, but never used for it - This ruling depends on the principle mentioned in the commentary on Chapter 3, Halachah 17, that הזמנה, designating an article to be used for a sacred purpose, is not sufficient for holiness to be imparted to the article. It must first be used for the purpose for which it was intended.
or if a container was temporarily - Shulchan Aruch HaRav 42:4 and the Mishnah Berurah 42:24 explain that even if a person used a container for tefillin many times, as long as he never intended the container to be used for this purpose continually, it is not considered as holy. Should, however, a person even once consider the container as intended for tefillin, it may never be used for another purpose.
used for tefillin, but was not prepared for that purpose, it does not become holy. Rather, it is considered an ordinary article as before. - Shulchan Aruch HaRav, loc. cit., allows one to use the container for mundane purposes at the same time it is used for tefillin. The Mishnah Berurah 42:26, however, suggests that this does not show respect for the tefillin.
It is forbidden to suspend tefillin - from a hook. Doing so is considered as disgracing the mitzvah. Berachot 24a states, "The life of a person who hangs tefillin will also hang [by a thread]."
[This applies regardless of whether one suspends them] by their straps or from the tefillah itself. - Holding the head tefillin by the straps and letting the tefillah hang while putting it on is not included in this prohibition (Shulchan Aruch HaRav 40:1; Mishnah Berurah 40:1). It is, nevertheless, proper to put them on without letting the tefillah hang.
One may, however, suspend the bag in which they are placed.
Commentary Halacha 10
The time for wearing tefillin is the day and not the night - The laws concerning continuing to wear tefillin at night are discussed in the following halachah.
Significantly, the Tur (Orach Chayim 29, 30) and subsequent Ashkenazic authorities maintain that, according to Torah law, tefillin should be worn at night. We nevertheless do not wear them during those hours, because of a Rabbinic decree lest we fall asleep while wearing them.
as [Exodus 13:10] states: "And you shall observe this statute in its appointed time, from day to day." "This statute" refers to the mitzvah of tefillin. - Most commentaries on the Torah interpret "this statute" as referring to the Paschal sacrifice, and render the Hebrew מימים ימימה as "from year to year." Though this is the accepted meaning with regard to the Torah's simple interpretation, from a Halachic perspective the matter is the subject of a debate between the Sages (Menachot 36b), and the interpretation quoted by the Rambam is advanced by Rabbi Yosse HaG'lili.
Similarly, Sabbaths and holidays - The expression יום טוב generally refers to the days of the festival on which it is forbidden to do work - and not chol hamo'ed, the intermediate days. Thus, it would appear that the Rambam requires wearing tefillin on chol hamo'ed. Similarly, the Kessef Mishneh citesHilchot Sh'vitat Yom Tov 7:13 which also appears to indicate that one should put on tefillin on chol hamo'ed.
The Kessef Mishneh concludes by stating that, originally, it was customary to wear tefillin on chol hamo'ed. Afterwards, the later Rabbis discovered a statement of the Zohar Chadash (Shir HaShirim 1:3), which severely criticizes those who wear tefillin on these days, and the custom of not wearing tefillin spread.
The Shulchan Aruch (Orach Chayim 31:1) forbids wearing tefillin on chol hamo'ed. The Ramah (loc. cit.) maintains that they should be worn and a blessing recited. At present, even those who wear tefillin on chol hamo'ed generally do not recite a blessing (Mishnah Berurah 31:8). In the Sephardic and Chassidic communities and, similarly, in all communities in Eretz Yisrael, it is customary not to wear tefillin on these days.
are not days on which tefillin [are worn] - Not only are we not obligated to wear tefillin on these days, doing so is considered to be a disgrace to the Sabbath and a transgression of the prohibition forbidding us to add to the Torah's commandments (Shulchan Aruch HaRav 31:1; Mishnah Berurah 31:5). (See also the Rambam's Commentary on the Mishnah: Eruvin 10:1; Beitzah 1:10.)
as [Exodus 13:9] states: "And they shall be a sign for you." - The citation of this proof-text reflects a general pattern within the Mishneh Torah. As mentioned in Menachot (loc. cit.), there is a debate whether the verse, "And you shall observe this statute..." applies to tefillin or the Pesach.
Rabbi Yosse HaG'lili interprets the verse as referring to tefillin, and explains that it teaches that tefillin should not be worn at night, nor on Sabbaths and holidays. Rabbi Akiva differs, and interprets the verse as referring to the Paschal sacrifice. Though he maintains that tefillin should be worn at night, he agrees that they should not be worn on Sabbaths and holidays, and derives that concept from the verse, "And they shall be a sign...."
The Rambam quotes the proof-texts cited by both the differing opinions because each one clearly alludes to the halachic principles he seeks to express (Radbaz, Vol. V, Responsum 1693). For this same reason, he sees no difficulty in quoting the verse, "And you shall observe these statutes..." in Hilchot Kiddush HaChodesh 1:7 according to the interpretation of Rabbi Akiva.
Since the Sabbaths and the holidays are themselves signs - See Exodus 31:13: "It (the Sabbath) is a sign between Me and you." This sign refers to the mitzvot associated with the Sabbath and holidays (Tosafot) or to the prohibition against performing work on these days (Rabbenu Asher).
[the sign of tefillin is unnecessary]. - Two witnesses are required by Torah law. Thus, at all times we must have two signs of our commitment to Torah. One is circumcision; the other, either tefillin, or the Sabbath or the festivals.
When does the time to put them on begin? When one can see -13 Rabbenu Yonah explains that tefillin are associated with sight because the Torah also mentions them in connection with that sense.Menachot 35b interprets the verse, "And all the nations of the earth shall see that the name of God is called upon you" (Deuteronomy 28:10), as a reference to tefillin.
a colleague standing four cubits away - The Jerusalem Talmud (Berachot 1:2) explains that this refers to a colleague with whom one shares occasional contact. One would recognize a close friend easily, and a person with whom one is not acquainted would never be recognized.
and recognize him. - This time is between עלות השחר, "dawn," the first shinings of the sun's rays, and הנץ החמה, "sunrise," the appearance of the sun on the horizon.
[It continues] until sunset - More particularly, most authorities interpret the Rambam to be referring to the appearance of the stars. The Ari zal, however, states that the tefillin should be removed at sunset (Mishnah Berurah 30:15).
Commentary Halacha 11
It is permitted for a person who put on tefillin before sunset to continue wearing them after nightfall. - Menachot 36a relates that Rav Ashi wore his tefillin at night.
They may even remain upon him the entire night. - One must, however, remove them before going to sleep. Sleeping in tefillin is forbidden, as stated in Halachah 15.
This law, however, is not to be taught in public - lest the common people fail to treat the matter with the proper concern.
Instead, everyone should be taught not to wear tefillin at night and to remove them before sunset. - lest one fall asleep while wearing them.
A person who puts on tefillin after sunset transgresses a Scriptural prohibition - This prohibition is not, however, included as one of the 613 mitzvot, nor is it punished by lashes. The Radbaz (Vol. V, Responsum 1468) explains that since a person may continue wearing tefillin at night, we see that this prohibition does not have the same force as others. Therefore, its violation is not punished by lashes.
as [implied by Exodus 13:10]: "And you shall observe - The word השמר and its derivitives connote a Torah prohibition (Menachot 36b).
this statute... from day to day." - The Rambam's statements represent an intermediate position between the opinions of the Ashkenazic authorities, who maintain that the prohibition against wearing tefillin at night is merely a Rabbinic decree, and the practice of "the inhabitants of Eretz Yisrael who would recite the blessing, 'who sanctified us with His commandments and commanded us to observe His statutes' before removing their tefillin at night.
According to the Rambam, the prohibition against wearing tefillin at night stems from the Torah. A blessing, nevertheless, is not required when removing them.
Commentary Halacha 12
When a person is wearing tefillin in the midst of a journey and the sun sets, marking the commencement of the Sabbath - Our translation follows the standard published text of the Mishneh Torah, which reflects Rashi's commentary in Beitzah 15a.
Other versions of the text divide the halachah in two: with the first clause speaking about nightfall during the week, and the second clause speaking about the commencement of the Sabbath. The manner in which these laws are stated in the Shulchan Aruch (Orach Chayim 30:4) follows the latter version.
he should cover them with his hand - so that others will not see him and think that it is proper to wear tefillin at this time
until he reaches his home - Since one wears tefillin like a garment, taking them home in this manner does not constitute a violation of the prohibition against carrying on the Sabbath.
and then remove them. - According to the versions which state that this clause applies during the week, the person does not remove the tefillin and carry them during his journey, lest they fall from his hand.
If he is sitting in the house of study - In Talmudic times, the houses of study were located in the fields, and it was not safe to leave articles there.
and the sun sets, marking the commencement of the Sabbath - The authorities agree that this refers to sunset and not the appearance of the stars, since it is forbidden to carry from sunset onwards.
he should cover them with his hand until he reaches his home, and then remove them.
If there is a house located near the wall [of a city] where they would be safe, he should place them there. - This applies both on the Sabbath and during the week. Since the person has a safe place where the tefillin could be kept, he is not allowed to continue wearing them.
If, however, he did not remove his tefillin after sunset because he did not have a place where they would be safe, it is permissible for him to continue wearing them in order to protect them. - The Kessef Mishneh explains that, although in the previous halachah, the Rambam had also stated that it is permissible to continue wearing tefillin at night, people should not be informed about this leniency. In contrast, when one's intent is to protect the tefillin, one may wear them without compunction (Kessef Mishneh). One may not, however, put on tefillin at night even for the purpose of protecting them (Shulchan Aruch HaRav 30:4; Mishnah Berurah 30:9).
Commentary Halacha 13
All those who are exempt from the obligation to recite the Shema - This includes:
a) women and Canaanite slaves (Hilchot Kri'at Shema 4:1), who are not obligated by either of these mitzvot, since these mitzvot are associated with certain time limits (מצות עשה שהזמן גרמה).
b) minors, who, according to Torah law, are not obligated to perform any mitzvot. (There is, however, a Rabbinic obligation to educate them in the performance of mitzvot.)
c) individuals whose thoughts are unsettled or who are occupied with the performance of other mitzvot. (See the subsequent halachot of Hilchot Kri'at Shema, Chapter 4.)
are exempt from the obligation to wear tefillin. - Significantly, in Hilchot Tzitzit 3:9, the Rambam mentions that women and slaves may wear tzitzit or perform any other mitzvah which they are not obligated to fulfill. Perhaps, he does not make that statement with regard to tefillin, because as the Ramah (Orach Chayim 38:3) states, the obligation to concentrate one's thoughts on the tefillin and to control one's body is the reason that women should not take on the practice of wearing tefillin. Our Sages, nevertheless, cite the example of Michal, King Saul's daughter, who would wear tefillin.
If a minor knows [the importance of] guarding his tefillin - who knows not to sleep, not to enter a lavatory, and not to release gas while wearing them (Shulchan Aruch, Ramah, Orach Chayim 37:3)
his father should obtain tefillin for him - In some Sephardic communities, it is customary for children to wear tefillin from the age of nine. In Ashkenazic communities, however, a minor begins putting on tefillin two to three months before becoming Bar-Mitzvah (Shulchan Aruch HaRav 37:3; Mishnah Berurah 37:12).
to educate him regarding the performance of mitzvot. - Many times throughout the Mishneh Torah - e.g., Hilchot Tzitzit 3:9, Hilchot Berachot 5:1, Hilchot Sukkah 6:1 - the Rambam mentions a father's obligation to educate his children regarding the performance of mitzvot.
A person with stomach problems and anyone who can contain his excretory functions only with difficulty - because he may release gas (see Halachah 15) and because he may not be able to concentrate on the tefillin
are exempt from the obligation to wear tefillin. - If, however, one feels that he can control his body and thoughts for a limited time, he should wear them for that interval (Shulchan Aruch, Orach Chayim 38:2).
[In contrast,] all those ritually impure are obligated to wear tefillin like one who is pure. - See Hilchot Sefer Torah 10:8.
A person who suffers discomfort, or someone who is disturbed and cannot concentrate his thoughts, is exempt from the obligation to wear tefillin - The Jerusalem Talmud (Berachot 2:3) cites the example of Rabbi Yannai, who would not put on tefillin until the third day after he recovered from illness.
since a person who wears tefillin is forbidden to divert his attention from them. - as explained in the following halachah.
Priests who are in the midst of [the Temple] service - offering or partaking of the sacrifices
Levites who chant - while the sacrifices are being offered
on the platform - the three steps which separated the courtyard of the Israelites from the Priestly Courtyard. (See Hilchot Beit HaBechirah 6:2.)
and Israelites while they are attending the Temple [ceremonies] - This refers to the Israelites who were part of the ma'amadot and would attend the Temple service as emissaries of the entire Jewish people. (See Hilchot Klei HaMikdash 6:5.)
are exempt from the obligation to pray and to wear tefillin.- Since a person who is occupied with the performance of one mitzvah is exempt from the obligation of performing others (Rashi, Zevachim 19a).
That passage continues to explain that these individuals were allowed to wear tefillin - and would do so - with the exception of the priests, who would not wear the arm tefillin, for doing so would cause a separation between the priestly garments and their flesh. (See also Hilchot Klei HaMikdash 10:3,6.)
Commentary Halacha 14
A person should touch his tefillin - touching the arm tefillin before the head tefillin (Shulchan Aruch, Orach Chayim 28:1)
[from time to time] during the entire time he is wearing them - The Shulchan Aruch (Orach Chayim, loc. cit.) quotes this law and adds that, in particular, one should touch the tefillin when reciting the verse, "And you shall tie them... and they shall be..." in the Shema.
so that he will not divert his attention - The Mishnah Berurah (28:1) also mentions that one should check that they have not moved from their proper place.
from them even for a single moment - As mentioned in the Shulchan Aruch (Orach Chayim 25:5), when putting on tefillin, a person should intend "to subjugate his desires and thoughts to God." There is no need, however, for this intent to be in the forefront of one's thoughts throughout the entire time one is wearing tefillin. On the contrary, in Talmudic times (see Halachah 25), tefillin would be worn throughout the day, even during one's involvement in mundane affairs.
Accordingly, the Rabbis (see Shulchan Aruch HaRav 28:1; Mishnah Berurah 44:3) explain that here, by "diversion of attention," the Rabbis meant that a person's mind should not become focused on frivolous matters or on his bodily needs to the extent that he forgets about the fear of God. Thus, the Ramah (Orach Chayim 38:4) states that a person who cannot control himself from thinking about lewd things should not put on tefillin, and Shulchan Aruch HaRav 38:8 and the Mishnah Berurah 38:30 free a person who is troubled by cold from the obligation of wearing tefillin.
The Sha'agat Arieh (Responsum 39), however, interprets the Rambam's words very strictly and maintains that, according to the Rambam, even the slightest diversion of attention from tefillin is forbidden.
for - The Rambam emphasizes that because tefillin possess such great holiness, diverting one's attention from them would be considered an act of disrespect, and is therefore forbidden (Likkutei Sichot, Vol. 14).
their holiness surpasses that of the tzitz. - The head-plate worn by the High Priest. (See Exodus 28:36-38; Hilchot Klei HaMikdash 9:1-2.)
The tzitz has God's name [written] upon it only once - The words קדש לי-ה-ו-ה (consecrated unto God) are embossed on it.
while the head tefillin - and similarly, the arm tefillin - contain the name י-ה-ו-ה 21 times - in the passages from the Torah they contain.
Commentary Halacha 15
Tefillin require a clean body - In this context,Shabbat 130a cites the example of Elisha, ba'al hak'nafayim.
i.e., that one should be careful not to release gas while wearing them. - As mentioned in Halachah 13, a person who cannot control himself and feels that he must release gas, is exempt from the obligation of wearing tefillin.
Accordingly, it is forbidden to sleep while wearing them - Shabbat 130a explains that the Rabbis forbade sleeping in tefillin lest one accidentally release gas. Significantly, the Rabbis did not consider sleeping a diversion of one's attention from the tefillin (Shulchan Aruch HaRav 44:1; Mishnah Berurah 44:3).
neither a long sleep nor a nap. If, however, one places a cloth over them - The Kessef Mishneh interprets Sukkah 26a as indicating that this will keep the person's attention focused on the tefillin and prevent him from releasing gas.
and a woman is not with him - lest this lead to sexual relations, which are forbidden in the presence of tefillin, as stated in Halachah 24.
one may nap while wearing them. What should he do? Place his head between his knees and sleep while sitting. - This will prevent him from falling into a deep slumber in which he might lose control of himself.
Commentary Halacha 16
A person who has tefillin wound around his hand - If, however, he is merely holding them, it is forbidden, lest they drop from his hand (Kessef Mishneh). The Ramah (Orach Chayim 44:1) states that if the tefillin are placed in a container, there are no restrictions.
is permitted to sleep with them. [This applies] even to a long sleep. - Since he is not wearing them, there is no difficulty even if he were to release gas (Shulchan Aruch HaRav 44:1; Mishnah Berurah 44:6).
He may eat only a snack - a meal of less than ak'beitzah, approximately 2 ounces in modern measure.
while wearing them. If, however, he enters to partake of a regular meal, he should remove them - lest he become drunk while eating and act in a manner unbecoming to the tefillin (Berachot 23b).
and place them on the table until after he washes his hands [at the conclusion of the meal]. - The Rambam discusses the obligation of washing after eating (mayim acharonim) in Hilchot Berachot 6:3.
Afterwards, he should put them on and recite grace over his meal while wearing them. - Wearing tefillin while reciting grace will add to one's concentration on the blessing.
Commentary Halacha 17
[The following rules apply with regard to a person] wearing tefillin who must use the lavatory - In Talmudic times, the lavatories were outhouses in the fields.
[He should remove his tefillin - Rashi (Berachot 23a) relates that this is a Rabbinic decree ordained lest one relieve himself while wearing them. There is no prohibition in the Torah itself against wearing tefillin in a place of filth.
[Note the contrast between this position and the prohibition against reciting prayers and other holy matters in a lavatory (Hilchot Kri'at Shema 3:2,4). The latter prohibition appears to have its source in the Torah itself.]
but,] while he enters, he should not place them in the holes [of the outer wall of the lavatory] which are near the public domain, lest they be taken by passersby. - Berachot 23b relates that once, a student of Torah left his tefillin in a hole in the wall of a public lavatory. A woman took them, and afterwards came to the house of study. She told the student's colleagues, "See what so-and- so gave me as payment."
When the student heard this, he climbed to the roof of the house of study to hide himself in shame. Shortly afterwards, he slipped and fell to his death. When the story became known, the Sages ordained that a person should bring his tefillin into a lavatory lest the story repeat itself.
What should he do? Even if he [merely] has to urinate, he should remove his tefillin four cubits away [from the lavatory] and roll them in his clothes like a Torah scroll - The Beit Yosef (Orach Chayim 43) points out that Rashi and other Ashkenazic authorities do not require that the tefillin be covered.
holding them near his heart with his right hand - since a person uses his left hand to wipe himself (Shulchan Aruch HaRav 43:3; Mishnah Berurah 43:20).
He must take care that the strap does not protrude more than a handbreadth from his hand. - The straps also possess a dimension of holiness, and hence, care should be taken regarding them.
Afterwards, he should enter and relieve himself. After leaving the lavatory and walking more than four cubits away - When our Sages established the decree forbidding a person from wearing tefillin in a lavatory, they added this distance as a safeguard.
he should put them on. - It must be emphasized that this and the following two halachot no longer apply, since, at present, homes are equipped with toilet facilities, and there is no longer a need to use public outhouses. At home, or in other places where one could keep the tefillin in a safe place, it is forbidden to wear tefillin in a lavatory (Shulchan Aruch HaRav 43:5).
1. See Halachah 11, which prohibits putting on tefillin after sunset.
2. As explained in Halachah 24, a container which is always used for tefillin or other sacred articles is considered as an accessory to the tefillin with no importance of its own. Thus, it is as if the tefillin are being held without any covering at all. Nevertheless, if it is a handbreadth in size, it is given halachic significance as an ohel. Hence, it is considered to be a separation between the tefillin and the lavatory.
Needless to say, these laws apply only when the person does not have a safe place where he can deposit his tefillin. If such a place is available, he may not bring tefillin into a lavatory (Kessef Mishneh).
3. See Halachah 24, which forbids engaging in intercourse in a room which contains tefillin that are open.
4. Thus, it is feared that they may have touched the genitalia (Rashi, Sukkah 26b). Note the Ramah (Orach Chayim 40:7), who prohibits a person from wearing tefillin if he has any traces of semen on his body.
5. This halachah is dependent on the description of a bathhouse inShabbat 10a. There were three rooms: a waiting room, a dressing room, and the actual bathing room.
6. Shulchan Aruch HaRav 45:3 and the Mishnah Berurah 45:5 explain that this applies even when no one there is actually naked. Those sources also state that these laws apply only in bathhouses which contain filth. In contrast, there are no restrictions against wearing tefillin in the bathing room of a mikveh if no people are standing there naked. Compare also to Hilchot Kri'at Shema 3:3-4, 16.
Commentary Halacha 23
A person should not walk in a cemetery - even if he is not within four cubits of a grave (Shulchan Aruch HaRav 45:1; Mishnah Berurah 45:1)
wearing his head tefillin. - Arm tefillin, however, need not be removed, for they can be worn under one's sleeve. As mentioned in Halachah 4, the two tefillin are two separate mitzvot, whose observance is not necessarily dependent on each other. One must be careful, however, to cover the straps of the arm tefillin, even those around one's hand and finger (Shulchan Aruch HaRav 45:2; Mishnah Berurah 45:3).
Even [outside a cemetery], a person should remove his - head
tefillin if he comes within four cubits of a corpse or a grave - Proverbs 17:5 states: "One who mocks the poor (רש) reproaches his Creator." Berachot 18a explains that the word רש can also refer to the dead, and states that performing mitzvot in the presence of a corpse or by his graveside would be, in a certain sense, mocking him, since he is unable to perform mitzvot. Accordingly, the Sages forbade Torah study, the recitation of the Shema, and the performance of other mitzvot in these situations.
until he distances himself four cubits from them. - Beyond this distance, one is not considered to be in the actual presence of the corpse. If a cemetery is surrounded by a wall, one may wear tefillin outside the wall even within four cubits of a grave, because the wall constitutes a separation (Shulchan Aruch HaRav 45:1; Mishnah Berurah 45:1).
A person should not put on tefillin [when he is naked]. He must first cover his genitalia - From the Jerusalem Talmud (Berachot 2:3), it appears that, in addition to wearing a cloak over one's body, one must also cover one's genitalia before putting on tefillin.
and put on his clothes. - Shulchan Aruch HaRav 45:3 and the Mishnah Berurah 45:5 associate this prohibition with the prohibition against standing naked in the presence of sacred texts.
A person who is carrying a load on his head should remove his head tefillin [and not put it on again] until he puts down his load. - Bava Metzia 105b considers this a lack of respect for the tefillin.
It is even forbidden to wear a handkerchief - or any other article which is not a garment and is not usually worn on one's head (Shulchan Aruch HaRav 41:1)
around one's head when wearing tefillin. One may, however, wear a hat over the tefillin. - Preferably, the tefillin themselves should not be covered. Since the hat is being worn as a garment, it is not considered disrespectful to the tefillin. Our Sages relate that the High Priest would wear his turban over the tefillin (Zevachim 19b), and the king would wear his crown above the tefillin (Avodah Zarah 44a).
Commentary Halacha 24
When tefillin or a Torah scroll are in a room, it is forbidden to engage in sexual relations, unless they are removed or placed into a container, and that container placed into a second container - These laws also apply with regard to sacred texts (Mishnah Berurah 40:4) and mezuzot (Shulchan Aruch HaRav 40:5).
which is not specific to them. - Covering the tefillin's container with another garment is sufficient. There is no need for a second container. The bag in which the tefillin bag and the tallit are placed is also considered specific to the tefillin bag and another covering is necessary (Shulchan Aruch HaRav 40:3; Mishnah Berurah 40:7).
If, however, the second container designated for them, even ten - or a hundred (Shulchan Aruch, Orach Chayim 40:2).
containers are considered as a single container. - Note that in Chapter 10, Halachah 7, the Rambam offers a third alternative: setting up a partition ten handbreadths high between a Torah scroll and the bed. This is also acceptable for tefillin. See also the commentary on that halachah.
Should a person place [the sacred articles] in two containers, he may place them at the head of his bed - Placing them at the foot of the bed is considered to be disrespectful to the tefillin and is forbidden, even though one is not sleeping together with one's wife (Shulchan Aruch, Orach Chayim 40:3).
between a cushion and a pillow - Our translation of רכ and תסכ is based on Rav Kapach's text of the Rambam's Commentary on the Mishnah, Shabbat 4:2. The Aruch renders the phrase, "between the mattress and the pillow."
as long as they are not under his head - Placing them under one's head would be tantamount to using them as a pillow and would be considered disrespectful to the tefillin. Hence, it is forbidden at all times (Shulchan Aruch, loc. cit.).
so that he can protect them - from thieves; alternatively, from mice (Rashi, Berachot 24a).
[This applies] even if his wife is together with him in bed - and they intend to be intimate (Shulchan Aruch, loc. cit.).
Commentary Halacha 25
The holiness associated with tefillin is very great. - See Halachah 14 above and also Hilchot Sh'vuot 11:11-12, where the Rambam equates the sanctity of tefillin with that of a Torah scroll.
As long as a person is wearing tefillin on his head and arm, he will be humble and God-fearing and will not be drawn to frivolous behavior or empty speech. - Berachot 30b relates that when Rabbah reproached Abbaye for light-headedness, which he thought would lead to frivolous behavior, Abbaye answered him, "I am wearing tefillin," implying that the tefillin would prevent him from losing self-control.
He will not turn his thoughts to evil matters, but rather will direct his heart to words of truth and justice. - Menachot 43b states that a person who wears tefillin on his head and arm will surely not sin.
Accordingly, a person should try to wear [tefillin] throughout the entire day - In Talmudic times, not only Torah scholars, but also common people would wear their tefillin throughout the entire day. In the later generations, this practice was generally followed only by Torah scholars, as the Hagahot Maimoniot relates in the name of Rav Amram Gaon:
We saw the Geonim, the heads of the court, and the giants of the previous generations... who would not remove their tefillin until after... the Shema of the evening service.
Nevertheless, at present, even Torah scholars have accepted the practice of wearing tefillin only during the morning prayers. This practice was instituted since tefillin require "a clean body" (Halachah 15) and one cannot divert his attention from them (Halachah 14), and most people cannot meet these requirements (Shulchan Aruch, Orach Chayim 37:2).
for this is the mitzvah associated with them. - Note the questions in the Pri Megadim and the Bi'ur Halachah (Orach Chayim 37): Is the mitzvah of tefillin to wear them all day, or is the mitzvah to put tefillin on once each day, with the remaining time one wears them being merely the continuation of the mitzvah.
Among the praises conveyed upon Rav, the student of Rabbenu Hakadosh - Though we find Megillah 28a conveying such praise on Rav Zeira, there is no passage in the Talmud which describes Rav in these terms. Nevertheless, the responsa of the Geonim (Damasek Eliezer 178) include these among the ten acts of pious behavior for which Rav was noted.
was that he was never seen walking four cubits without [reciting words of] Torah, without tzitzit, and without tefillin. - See Hilchot Yesodei HaTorah 5:11, which describes such behavior as an example of Kiddush Hashem (the sanctification of God's name).
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Hayom Yom:
Shabbat, 19 Tevet 5775 • 10 January 2015
"Today's Day"
Torah lessons: Chumash: Sh'mot, first parsha with Rashi.
Tehillim: 90-96.
Tanya: Ch. 12 The "intermediate (p. 47)...throughout his life.
Chabad chassidim have a tradition from generations, instituted by the Alter Rebbe, that every day we study a parsha of Chumash of that week's sedra with Rashi. This was done by the Rebbe'im, too.
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Daily Thought:
The Paradox of Prayer
Without faith, there is no prayer.
But if there is faith, for what is there to pray?
There could only be one answer:
The Infinite can contain opposites. To approach the Infinite, we must do the same.
____________________________
Torah lessons: Chumash: Sh'mot, first parsha with Rashi.
Tehillim: 90-96.
Tanya: Ch. 12 The "intermediate (p. 47)...throughout his life.
Chabad chassidim have a tradition from generations, instituted by the Alter Rebbe, that every day we study a parsha of Chumash of that week's sedra with Rashi. This was done by the Rebbe'im, too.
____________________________
Daily Thought:
The Paradox of Prayer
Without faith, there is no prayer.
But if there is faith, for what is there to pray?
There could only be one answer:
The Infinite can contain opposites. To approach the Infinite, we must do the same.
____________________________
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