Today in Jewish History:
• Second Temple Completed (349 BCE)
The joyous dedication of the second Holy Temple (Beit HaMikdash) on the site of the 1st Temple in Jerusalem, was celebrated on the 3rd of Adar of the year 3412 from creation (349 BCE), after four years of work.
The First Temple, built by King Solomon in 833 BCE, was destroyed by the Babylonians in 423 BCE. At that time, the prophet Jeremiah prophesied: "Thus says the L-rd: After seventy years for Babylon will I visit you... and return you to this place." In 371 the Persian emperor Cyrus permitted the Jews to return to Judah and rebuild the Temple, but the construction was halted the next year when the Samarians persuaded Cyrus to withdraw permission. Achashverosh II (of Purim fame) upheld the moratorium. Only in 353 -- exactly 70 years after the destruction -- did the building of the Temple resume under Darius II.
Link: The Holy Temple
Daily Quote:
The world is a ball[Jerusalem Talmud, Avodah Zarah 3:1]
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 1st Portion Exodus 27:20-28:12 with Rashi
• Chapter 27
20And you shall command the children of Israel, and they shall take to you pure olive oil, crushed for lighting, to kindle the lamps continually. כוְאַתָּה תְּצַוֶּה | אֶת בְּנֵי יִשְׂרָאֵל וְיִקְחוּ אֵלֶיךָ שֶׁמֶן זַיִת זָךְ כָּתִית לַמָּאוֹר לְהַעֲלֹת נֵר תָּמִיד:
pure: Without sediment, as we learned in Men. (86a): “He allows it to ripen at the top of the olive tree, etc.” ואתה תצוה, זך: בלי שמרים, כמו ששנינו במנחות (פו א) מגרגרו בראש הזית וכו':
crushed: He must crush the olives in a mortar, but he may not grind them in a mill, so that they will not contain sediment. After he has extracted the first drop [of oil], he places them [the olives] into a mill and grinds them. The [resulting] second oil is unfit for the menorah but is fit for meal offerings, as it is said: “crushed for lighting,” but not crushed for meal offerings. -[from Men. 86a] כתית: הזיתים היה כותש במכתשת, ואינו טוחנן בריחים, כדי שלא יהו בו שמרים, ואחר שהוציא טפה ראשונה מכניסן לריחים וטוחנן, והשמן השני פסול למנורה וכשר למנחות, שנאמר כתית למאור, ולא כתית למנחות:
to kindle the lamps continually: Heb. לְהַעִלֹת, lit., to cause to rise. [The kohen] shall light it until the flame rises by itself. -[from Shab. 21a] להעלות נר תמיד: מדליק עד שתהא שלהבת עולה מאליה:
continually: Heb. תָּמִיד. [Since it burns] every night, it is called תָּמִיד, as you say: “a continual burnt offering” (עֹלַת תָּמִיד)” (Exod. 29:42, Num. 28:6), [which is called “continual”] although it is [offered up] only from day to day. Similarly, concerning the flat pan meal offering [of the Kohen Gadol, the word] תָּמִיד is mentioned although it is [offered up] only half in the morning and [the other] half in the evening. [The word] תָּמִיד mentioned concerning the showbread (Exod. 25:30), however, [literally] means from Sabbath to Sabbath [i.e., continually]. תמיד: כל לילה ולילה קרוי תמיד, כמו שאתה אומר (במדבר כח ו) עולת תמיד, ואינה אלא מיום ליום. וכן במנחת חביתין נאמר (ויקרא ו יג) תמיד, ואינה אלא מחציתה בבקר ומחציתה בערב. אבל תמיד האמור בלחם הפנים משבת לשבת הוא:
21In the Tent of Meeting, outside the dividing curtain that is in front of the testimony, Aaron and his sons shall set it up before the Lord from evening to morning; [it shall be] an everlasting statute for their generations, from the children of Israel. כאבְּאֹהֶל מוֹעֵד מִחוּץ לַפָּרֹכֶת אֲשֶׁר עַל הָעֵדֻת יַעֲרֹךְ אֹתוֹ אַהֲרֹן וּבָנָיו מֵעֶרֶב עַד בֹּקֶר לִפְנֵי יְהֹוָה חֻקַּת עוֹלָם לְדֹרֹתָם מֵאֵת בְּנֵי יִשְׂרָאֵל:
from evening to morning: Give it its measure so that it will burn from evening to morning. And the Sages estimated [that this is] a half of a log [between 6 and 10.6 fl. oz.] for the long nights of Teveth, and similarly for all the nights. If any of it remains, it does not matter. [from Men. 89a] מערב עד בקר: תן לה מדתה שתהא דולקת מערב עד בקר, ושיערו חכמים חצי לוג ללילי טבת הארוכין, וכן לכל הלילות, ואם יותר אין בכך כלום:
Chapter 28
1And you bring near to yourself your brother Aaron, and his sons with him, from among the children of Israel to serve Me [as kohanim]: Aaron, Nadab, and Abihu, Eleazar, and Ithamar, Aaron's sons. אוְאַתָּה הַקְרֵב אֵלֶיךָ אֶת אַהֲרֹן אָחִיךָ וְאֶת בָּנָיו אִתּוֹ מִתּוֹךְ בְּנֵי יִשְׂרָאֵל לְכַהֲנוֹ לִי אַהֲרֹן נָדָב וַאֲבִיהוּא אֶלְעָזָר וְאִיתָמָר בְּנֵי אַהֲרֹן:
And you bring near to yourself your brother Aaron, and his sons with him: After you complete the work of the Mishkan. ואתה הקרב אליך: לאחר שתגמר מלאכת המשכן:
2You shall make holy garments for your brother Aaron, for honor and glory. בוְעָשִׂיתָ בִגְדֵי קֹדֶשׁ לְאַהֲרֹן אָחִיךָ לְכָבוֹד וּלְתִפְאָרֶת:
3And you shall speak to all the wise hearted, whom I have filled with the spirit of wisdom, and they shall make Aaron's garments to sanctify him, [so] that he serve Me [as a kohen]. גוְאַתָּה תְּדַבֵּר אֶל כָּל חַכְמֵי לֵב אֲשֶׁר מִלֵּאתִיו רוּחַ חָכְמָה וְעָשׂוּ אֶת בִּגְדֵי אַהֲרֹן לְקַדְּשׁוֹ לְכַהֲנוֹ לִי:
to sanctify him, [so] that he serve Me [as a kohen]: Heb. לְקַדְּשׁוֹ לְכַהִנוֹ-לִי, to sanctify him, to initiate him into the kehunah through these garment [so] that he would be a kohen to Me. The expression of kehunah means service, serjanterie [or serventrie] in Old French. לקדשו לכהנו לי: לקדשו להכניסו בכהונה על ידי הבגדים שיהא כהן לי, ולשון כהונה שירות הוא, שוריינטריא"ה בלעז [שירות]:
4And these are the garments that they shall make: a choshen, an ephod, a robe, a tunic of checker work, a cap, and a sash. They shall make holy garments for your brother Aaron and for his sons to serve Me [as kohanim]. דוְאֵלֶּה הַבְּגָדִים אֲשֶׁר יַעֲשׂוּ חשֶׁן וְאֵפוֹד וּמְעִיל וּכְתֹנֶת תַּשְׁבֵּץ מִצְנֶפֶת וְאַבְנֵט וְעָשׂוּ בִגְדֵי קֹדֶשׁ לְאַהֲרֹן אָחִיךָ וּלְבָנָיו לְכַהֲנוֹ לִי:
a choshen: An ornament opposite the heart. חשן: תכשיט כנגד הלב:
an ephod: I did not hear (that it was a garment) [i.e., I have no tradition concerning the ephod], and I did not find the explanation of its pattern in the Baraitha [Melecheth HaMishkan]. My heart tells me that he [the Kohen Gadol] was girded with it [the ephod] from behind, its width being like the width of an [average] man’s back, similar to a kind of apron called porzent [or pourceint], [a kind of] belt, [like an] apron [back to front] that princesses wear when they ride horseback. So it was made from below [i.e., for the lower part of the body], as it is said: “and David was girded with a linen ephod” (II Sam. 6:14). [Thus] we learn that the ephod was a belt. It is impossible, however, to say that it was only a belt, because it is said: “and he put the ephod on him,” and afterwards, “and he girded him with the band of the ephod (בְּחֵשֶׁב הָאֵפוֹד) ” (Lev. 8:7), which Onkelos renders: בְּהֶמְיַן אֵפוֹדָא. [Thus] we learn that the חֵשֶׁב was the band and the ephod was a separate decoration. It is also impossible to say that because of the two shoulder straps in it, it is called ephod, for it is said: “the two shoulder straps of the ephod” (verse 27). [Thus] we learn that the ephod was a separate entity, the shoulder straps were a separate entity, and the band was a separate entity. Therefore, I say that because of the apron below it is called ephod because he decorates and adorns himself with it, as it is said: “and he decorated him with it” (Lev. 8:7); the חֵשֶׁב is the band above it, to which the shoulder straps were attached. Moreover, my heart tells me that there is evidence that it is a kind of garment, for Jonathan rendered “and David was girded with a linen ephod” (II Sam. 6: 14) as כַּרְדּוּט דְּבוּץ and he renders likewise מְעִילִים as כַּרְדּוּטִין, in the narrative of Tamar, Absalom’s sister, “for in this manner the king’s virgin daughters dressed, in robes (מְעִילִים) ” (II Sam. 13:18). ואפוד: לא שמעתי ולא מצאתי בברייתא פירוש תבניתו, ולבי אומר לי שהוא חגור לו מאחוריו, רחבו כרוחב גב איש, כמין סינר שקורין פורציינ"ט בלעז [חגורה] שחוגרות השרות כשרוכבות על הסוסים, כך מעשהו מלמטה, שנאמר (שמואל ב ו יד) ודוד חגור אפוד בד, למדנו שהאפוד חגורה היא. ואי אפשר לומר שאין בו אלא חגורה לבדה, שהרי נאמר (ויקרא ח ז) ויתן עליו את האפוד, ואחר כך ויחגור אותו בחשב האפוד, ותרגם אונקלוס בהמיין אפודא, למדנו שהחשב הוא החגור, והאפוד שם תכשיט לבדו. ואי אפשר לומר שעל שם שתי הכתפות שבו הוא קרוי אפוד, שהרי נאמר (פסוק כז) שתי כתפות האפוד, למדנו שהאפוד שם לבד, והכתפות שם לבד, והחשב שם לבד. לכך אני אומר שעל שם הסינר של מטה קרוי אפוד, על שם שאופדו ומקשטו בו, כמו שנאמר (ויקרא ח ז) ויאפוד לו בו, והחשב הוא החגור שלמעלה הימנו, והכתפות קבועות בו. ועוד אומר לי לבי, שיש ראיה שהוא מין לבוש, שתרגם יונתן (שמואל ב' ו יד) ודוד חגור אפוד בד, כרדוט דבוץ. ותרגם כמו כן מעילים, כרדוטין, במעשה תמר אחות אבשלום (שמואל ב יג יח) כי כן תלבשנה בנות המלך הבתולות מעילים:
a robe: Heb. מְעִיל. It is a kind of tunic, as is the כְּתֹנֶת, only that the כְּתֹנֶת is [worn] next to his flesh and the מְעִיל is [what is] called the outside robe. ומעיל: הוא כמין חלוק, וכן הכתונת, אלא שהכתונת סמוך לבשרו ומעיל קרוי חלוק עליון:
of checker work: Heb. ךְתַּשְׁבֵּץ. Made of boxes (מִשְׁבְּצוֹת) for beauty. The boxes are similar to holes made in gold jewelry as a setting for precious stones and pearls, as it is said regarding the ephod stones: “enclosed in gold settings (מִשְׁבְּצוֹת) ” (verse 11), and in Old French it is called cha(s)tons, settings. [I.e., the boxes of the checker work on the tunic are like settings for precious gems.] תשבץ: עשויין משבצות לנוי, והמשבצות הן כמין גומות העשויות בתכשיטי זהב למושב קביעות אבנים טובות ומרגליות, כמו שנאמר באבני האפוד (פסוק יא) מוסבות משבצות זהב, ובלעז קוראין אותו קשטונ"ש [משבצות]:
a cap: Heb. מִצְנֶפֶת, a type of dome-shaped hat, called cofia in Old French, because elsewhere (verse 40) [the Torah] calls them מִגְבָּעוֹת, and the Targum [Onkelos] renders: כּוֹבָעִין. מצנפת: כמין כיפת כובע שקורין קויפ"א בלעז [שביס עשוי רשת], שהרי במקום אחר קורא להם (לט כח) מגבעות, ומתרגמינן כובעין:
and a sash: This is the belt on the tunic, and the ephod is the belt on the robe, as we find in the order they were put on: “and put upon him the tunic, girded him with the sash, clothed him with the robe, put upon him the ephod” (Lev. 8:7). ואבנט: היא חגורה על הכתונת, והאפוד חגורה על המעיל, כמו שמצינו בסדר לבישתן (ויקרא ח ז) ויתן עליו את הכתנת ויחגור אותו באבנט וילבש אותו את המעיל ויתן עליו את האפוד:
holy garments: From the offering sanctified for My name they shall make it. בגדי קדש: מתרומה המקודשת לשמי יעשו אותם:
5They shall take the gold, the blue, purple, and crimson wool, and the linen, הוְהֵם יִקְחוּ אֶת הַזָּהָב וְאֶת הַתְּכֵלֶת וְאֶת הָאַרְגָּמָן וְאֶת תּוֹלַעַת הַשָּׁנִי וְאֶת הַשֵּׁשׁ:
They shall take: Those wise-hearted people, who are to make the garments, shall receive from the donors the gold and the blue wool from which to make the garments. והם יקחו: אותם חכמי לב שיעשו הבגדים, יקבלו מן המתנדבים את הזהב ואת התכלת לעשות מהן את הבגדים:
6and they shall make the ephod of gold, blue, purple, and crimson wool, and twisted fine linen, the work of a master weaver. ווְעָשׂוּ אֶת הָאֵפֹד זָהָב תְּכֵלֶת וְאַרְגָּמָן תּוֹלַעַת שָׁנִי וְשֵׁשׁ מָשְׁזָר מַעֲשֵׂה חשֵׁב:
and they shall make the ephod: If I would try to explain the making of the ephod and the choshen according to the order of the verses, their explanation would be fragmentary and the reader would err in combining them. Therefore, I am writing [first] how they were made, as it was [i.e., in its entirety], so that the reader will be able to run through it [quickly]. Afterwards, I will explain it [how they were made] according to the sequence of the verses. The ephod was designed like a sort of apron worn by women who ride horseback [see Rashi on verse 4], and he [the Kohen Gadol] would gird [himself with] it from behind, opposite his heart, below his elbows, its width equaling the width of a man’s back and more, and it [the ephod] would reach his ankles. The belt was attached to the top of it across its width, [it was] the work of a weaver, and it extended on both sides in order to wrap [the Kohen Gadol] and gird [him] with it. The shoulder straps were attached to the belt-one to the right and one to the left from behind the Kohen [Gadol], at the two ends of the width of the apron. When he held them [i.e., the shoulder straps] upright, they stood [i.e., lay flat] on his two shoulders. They were like two straps made from the same material as the ephod [and they were] long enough to place them upright alongside his neck on either side. They were folded in front of him slightly below his shoulders. The shoham stones were set in them-one on the right shoulder strap and one on the left shoulder strap. The settings were placed at their ends in front of his shoulders, and the two golden chains were inserted into the two rings of the choshen at the two ends of its upper width-one on the right and one on the left. The two ends of the [right] chains were inserted into the settings on the right, and similarly the two ends of the left chains were inserted into the settings on the left shoulder strap. Thus, the choshen was suspended on the settings of the ephod in front of him [the Kohen Gadol] over his heart. There were two more rings on the two ends of the choshen, on the bottom of it. Opposite them [there were] two rings on the two shoulder straps from below, at its bottom end, which was attached to the belt. The rings of the choshen [were] opposite the rings of the ephod, lying on each other. He would fasten them [the rings] with a blue cord, inserted through the rings of the ephod and the choshen, attached to the band of the ephod, so that the bottom of the choshen would be attached to the band of the ephod, and it would not swing back and forth. ועשו את האפוד: אם באתי לפרש מעשה האפוד והחשן על סדר המקראות, הרי פירושן פרקים פרקים, וישגה הקורא בצרופן, לכך אני כותב מעשיהם כמות שהוא, למען ירוץ הקורא בו, ואחר כך אפרש על סדר המקראות. האפוד עשוי כמין סינר של נשים רוכבות סוסים, וחוגר אותו מאחוריו כנגד לבו למטה מאציליו, רחבו כמדת רוחב גבו של אדם ויותר ומגיע עד עקביו, והחשב מחובר בראשו על פני רחבו מעשה אורג, ומאריך לכאן ולכאן כדי להקיף ולחגור בו, והכתפות מחוברות בחשב אחד לימין ואחד לשמאל, מרוחקות זו מזו שיעור הבדלת כתפים, מאחורי הכהן לשני קצות רחבו של סינר, וכשזוקפן עומדות לו על שני כתפיו, והן כמין שתי רצועות עשויות ממין האפוד, ארוכות כדי שיעור לזקפן אצל צוארו מכאן ומכאן, ונקפלות לפניו למטה מכתפיו מעט, ואבני השהם קבועות בהם, אחת על כתף ימין ואחת על כתף שמאל, והמשבצות נתונות בראשיהם לפני כתפיו, ושתי עבותות הזהב תחובות בשתי טבעות שבחשן בשני קצות רחבו העליון, אחת לימין ואחת לשמאל, ושני ראשי השרשרת [הימנית] תקועין במשבצות לימין, וכן שני ראשי השרשרת השמאלית תקועין במשבצות שבכתף שמאל, נמצא החושן תלוי במשבצות האפוד על לבו מלפניו. ועוד שתי טבעות בשני קצות החשן בתחתיתו וכנגדם שתי טבעות בשתי כתפות האפוד מלמטה בראשו התחתון המחובר בחשב, טבעות החשן אל מול טבעות האפוד שוכבים זה על זה ומרכסן בפתיל תכלת תחוב בטבעות האפוד והחשן, שיהא תחתית החשן דבוק לחשב האפוד ולא יהא נד ונבדל, הולך וחוזר:
of gold, blue, purple, and crimson wool, and twisted fine linen: These five kinds [of substances] were twisted into each thread. They [the workers] flattened the gold into a sort of thin plate and cut cords out of them [the plates] and spun them, one thread of gold with six threads of blue wool, and one thread of gold with six threads of purple wool, and similarly with the crimson wool, and similarly with the linen, for the threads of all the kinds were doubled sixfold, and one thread of gold was [twisted] with each one [kind of thread]. Afterwards, he would twist them all together. Thus, their threads were doubled into twenty-eight strands. This is explained in tractate Yoma (72a), and it is derived from the following verse (Exod. 39:3): “They flattened out the sheets of gold and he cut cords [out of them], to work (the gold cords) into the blue wool, into the purple wool, etc.” We learn that a thread of gold was twisted with every kind [of thread]. זהב תכלת וארגמן תולעת שני ושש משזר: חמשת מינים הללו שזורין בכל חוט וחוט היו מרדדין את הזהב כמין טסין דקין וקוצצין פתילים מהם, וטווין אותן חוט של זהב עם ששה חוטים של תכלת, וחוט של זהב עם ששה חוטין של ארגמן, וכן בתולעת שני, וכן בשש, שכל המינין חוטן כפול ששה, וחוט של זהב עם כל אחד ואחד, ואחר כך שוזר את כולם כאחד, נמצא חוטן כפול עשרים ושמונה. וכן מפורש במסכת יומא (עב א), ולמד מן המקרא הזה (שמות לט ג) וירקעו את פחי הזהב וקצץ פתילים לעשות, את פתילי הזהב, בתוך התכלת ובתוך הארגמן וגו', למדנו שחוט של זהב שזור עם כל מין ומין:
the work of a master weaver: Heb. מַעִשֵׂה חוֹשֵׁב. I have already explained (Exod. 26:1) that this is the weaving of two “walls,” [and] that the figures of its two sides are unlike one another. מעשה חושב: כבר פירשתי (שמות כו א) שהוא אריגת שתי קירות שאין צורות שני עבריה דומות זו לזו:
7It shall have two connected shoulder straps at both its ends, and it shall be entirely connected. זשְׁתֵּי כְתֵפֹת חֹבְרֹת יִהְיֶה לּוֹ אֶל שְׁנֵי קְצוֹתָיו וְחֻבָּר:
at both its ends: [I.e.,] to the width of the ephod. For its width was only against the Kohen’s back, and its height extended opposite his elbows, which are called coudes in French, as it is said: “they shall not gird themselves in a place that sweats” (Ezek. 44:18). [I.e.,] they should not gird themselves in a place of perspiration, [namely] neither above their elbows nor below their waists, but opposite their elbows. -[from Zev. 18b] שתי כתפות וגו': הסינר מלמטה, וחשב האפוד היא החגורה וצמודה לו מלמעלה דוגמת סינר הנשים, ומגבו של כהן היו מחוברות בחשב. שתי חתיכות כמין שתי רצועות רחבות, אחת כנגד כל כתף וכתף, וזוקפן על שתי כתפותיו עד שנקפלות לפניו כנגד החזה, ועל ידי חבורן לטבעות החשן נאחזין מלפניו כנגד לבו שאין נופלות, כמו שמפורש בענין, והיו זקופות והולכות כנגד כתפיו, ושתי אבני השהם קבועות בהן, אחת בכל אחת:
and it shall be entirely connected: the ephod with those two shoulder straps of the ephod. He shall connect them [by sewing them] with a needle below [the shoulder straps] to the band, and he shall not weave them [together] with it, but weave them separately and then connect them. אל שני קצותיו: אל רחבו של אפוד, שלא היה רחבו אלא כנגד גבו של כהן, וגבהו עד כנגד האצילים שקורין קודי"ש בלעז [מרפקים] שנאמר (יחזקאל מד יח) לא יחגרו ביזע, אין חוגרין במקום זיעה, לא למעלה מאציליהם ולא למטה ממתניהם, אלא כנגד אציליהם:
8And its decorative band, which is above it, shall be of the same work, [emanating] from it: gold, blue, purple, and crimson wool, and twisted fine linen. חוְחֵשֶׁב אֲפֻדָּתוֹ אֲשֶׁר עָלָיו כְּמַעֲשֵׂהוּ מִמֶּנּוּ יִהְיֶה זָהָב תְּכֵלֶת וְאַרְגָּמָן וְתוֹלַעַת שָׁנִי וְשֵׁשׁ מָשְׁזָר:
And its decorative band: The belt, by which it [the ephod] decorates and enhances the kohen[’s appearance] and adorns him. וחשב אפודתו: וחגור שעל ידו הוא מאפדו ומתקנהו לכהן ומקשטו:
which is above it: Above, [i.e.,] at the edge of the apron was the belt. אשר עליו: למעלה בשפת הסינר, היא החגורה:
of the same work: Just as the weaving of the apron was the work of a master weaver and of five kinds, so was the weaving of the band the work of a master weaver and of five kinds [of material]. כמעשהו: כאריגת הסינר מעשה חושב ומחמשת מינים, כך אריגת החשב מעשה חושב ומחמשת מינין:
[emanating] from it: It shall be woven with it, and he shall not weave it separately and attach it. [Whereas the shoulder straps and the ephod were to be woven separately and then attached, the belt and the ephod were to be woven together from the start.] ממנו יהיה: עמו יהיה ארוג, ולא יארגנו לבד ויחברנו:
9And you shall take two shoham stones and engrave upon them the names of the sons of Israel. טוְלָקַחְתָּ אֶת שְׁתֵּי אַבְנֵי שֹׁהַם וּפִתַּחְתָּ עֲלֵיהֶם שְׁמוֹת בְּנֵי יִשְׂרָאֵל:
10Six of their names on one stone and the names of the remaining six on the second stone, according to their births. ישִׁשָּׁה מִשְּׁמֹתָם עַל הָאֶבֶן הָאֶחָת וְאֶת שְׁמוֹת הַשִּׁשָּׁה הַנּוֹתָרִים עַל הָאֶבֶן הַשֵּׁנִית כְּתוֹלְדֹתָם:
according to their births: According to the order in which they were born [i.e.,]: Reuben, Simeon, Levi, Judah, Dan, Naphtali, on the one; and on the second one, Gad, Asher, Issachar, Zebulun, Joseph, Benjamin spelled full, [בִּנְיָמִין], for so it is written in the place of his birth (Gen. 35: 18) [totaling] twenty-five letters on each one [stone]. כתולדותם: כסדר שנולדו ראובן שמעון לוי יהודה דן נפתלי, על האחת, ועל השניה גד אשר יששכר זבולן יוסף בנימין מלא, שכן הוא כתוב במקום תולדתו, עשרים וחמש אותיות בכל אחת ואחת:
11[Similar to] the work of an engraver of gems, [similar to] the engravings of a seal, you shall engrave the two stones with the names of the sons of Israel; you shall make them enclosed in gold settings. יאמַעֲשֵׂה חָרַשׁ אֶבֶן פִּתּוּחֵי חֹתָם תְּפַתַּח אֶת שְׁתֵּי הָאֲבָנִים עַל שְׁמֹת בְּנֵי יִשְׂרָאֵל מֻסַבֹּת מִשְׁבְּצוֹת זָהָב תַּעֲשֶׂה אֹתָם:
[Similar to] the work of an engraver of gems: Heb. אֶבֶן מַעִשֵׂה חָרַשׁ. The work of a craftsman of precious stones. This [word] חָרַשׁ is connected to the following word. Therefore, it is vowelized with a “pattach” at the end, and likewise, “The carpenter (חָרַשׁ עֵצִים) stretched out a line” (Isa. 44:13). [This is like] חָרָשׁ שֶׁל עֵצִים. Likewise, “The iron smith (חָרַשׁ בַּרְזֶל)” (Isa. 44:12). All these are connected and are [therefore] vowelized with “pattach” s. מעשה חרש אבן: מעשה אומן של אבנים. חרש זה דבוק הוא לתיבה שלאחריו, ולפיכך הוא נקוד פתח בסופו, וכן (ישעיה מד יג) חרש עצים נטה קו, חרש של עצים. וכן (ישעיה מד יב) חרש ברזל מעצד, כל אלה דבוקים ופתוחים:
[similar to] the engravings of a seal: Heb. פִּךְתּוּחֵי חֹתָם, as the Targum [Onkelos] renders: כְּתַב מְפָרָשׁ כִּגְלָף דְּעִיזְקָא [a clear script like the engraving of a signet]. The letters are engraved inwardly, as they engrave the seals of signets, which are [used] to seal letters, [in] a clear and explanatory script. פתוחי חותם: כתרגומו כתב מפרש כגלף דעזקא, חרוצות האותיות בתוכן, כמו שחורצין חותמי טבעות שהם לחתום אגרות, כתב ניכר ומפורש:
with the names: Heb. עַל-שְׁמֹת, בִּשְׁמוֹת. על שמות: כמו בשמות:
enclosed in…settings: The stones shall be enclosed in gold settings, that he would make the “seat” of the stone in gold, like a sort of hole according to the measurement of the stone, and sink it [the stone] into the setting. Thus, the setting would encircle the stone, and the settings would be attached to the shoulder straps of the ephod. מסבת משבצות: מוקפות האבנים במשבצות זהב, שעושה מושב האבן בזהב כמין גומא למדת האבן ומשקיעה במשבצות, נמצאת המשבצת סובבת את האבן סביב, ומחבר המשבצות בכתפות האפוד:
12And you shall put the two stones upon the shoulder straps of the ephod as stones of remembrance for the sons of Israel, and Aaron shall carry their names before the Lord upon his two shoulders as a remembrance. יבוְשַׂמְתָּ אֶת שְׁתֵּי הָאֲבָנִים עַל כִּתְפֹת הָאֵפֹד אַבְנֵי זִכָּרֹן לִבְנֵי יִשְׂרָאֵל וְנָשָׂא אַהֲרֹן אֶת שְׁמוֹתָם לִפְנֵי יְהֹוָה עַל שְׁתֵּי כְתֵפָיו לְזִכָּרֹן:
as a remembrance: So that the Holy One, blessed is He, will see the [progenitors of the] tribes written before Him, and He will remember their righteousness. לזכרון: שיראה הקב"ה השבטים כתובים לפניו ויזכור צדקתם:
Daily Tehillim: Psalms Chapters 18 - 22
• Chapter 18
If one merits a public miracle, he should offer a song to God, including in his song all the miracles that have occurred since the day the world was created, as well as the good that God wrought for Israel at the giving of the Torah. And he should say: "He Who has performed these miracles, may He do with me likewise."
1. For the Conductor. By the servant of the Lord, by David, who chanted the words of this song to the Lord on the day the Lord delivered him from the hand of all his enemies, and from the hand of Saul.2. He said, "I love You, Lord, my strength.3. The Lord is my rock, my fortress, and my rescuer. My God is my strength in Whom I take shelter, my shield, the horn of my salvation, my stronghold.4. With praises I call upon the Lord, and I am saved from my enemies.5. For the pangs of death surrounded me, and torrents of evil people terrified me.6. Pangs of the grave encompassed me; snares of death confronted me.7. In my distress I called upon the Lord, I cried out to my God; and from His Sanctuary He heard my voice, and my supplication before Him reached His ears.8. The earth trembled and quaked; the foundations of the mountains shook-they trembled when His wrath flared.9. Smoke rose in His nostrils, devouring fire blazed from His mouth, and burning coals flamed forth from Him.10. He inclined the heavens and descended, a thick cloud was beneath His feet.11. He rode on a cherub and flew; He soared on the wings of the wind.12. He made darkness His concealment, His surroundings His shelter-of the dense clouds with their dark waters.13. Out of the brightness before Him, His clouds passed over, with hailstones and fiery coals.14. The Lord thundered in heaven, the Most High gave forth His voice-hailstones and fiery coals.15. He sent forth His arrows and scattered them; many lightnings, and confounded them.16. The channels of water became visible, the foundations of the world were exposed-at Your rebuke, O Lord, at the blast of the breath of Your nostrils.17. He sent from heaven and took me; He brought me out of surging waters.18. He rescued me from my fierce enemy, and from my foes when they had become too strong for me.19. They confronted me on the day of my misfortune, but the Lord was my support.20. He brought me into spaciousness; He delivered me because He desires me.21. The Lord rewar-ded me in accordance with my righteousness; He repaid me according to the cleanliness of my hands.22. For I have kept the ways of the Lord, and have not transgressed against my God;23. for all His laws are before me, I have not removed His statutes from me.24. I was perfect with Him, and have guarded myself from sin.25. The Lord repaid me in accordance with my righteousness, according to the cleanliness of my hands before His eyes.26. With the kindhearted You act kindly, with the upright man You act uprightly.27. With the pure You act purely, but with the crooked You act cun- ningly.28. For the destitute nation You save, but haughty eyes You humble.29. Indeed, You light my lamp; the Lord, my God, illuminates my darkness.30. For with You I run against a troop; with my God I scale a wall.31. The way of God is perfect; the word of the Lord is pure; He is a shield to all who take refuge in Him.32. For who is God except the Lord, and who is a rock except our God!33. The God Who girds me with strength, and makes my path perfect.34. He makes my feet like deers', and stands me firmly on my high places.35. He trains my hands for battle, my arms to bend a bow of bronze.36. You have given me the shield of Your deliverance, Your right hand upheld me; Your humility made me great.37. You have widened my steps beneath me, and my knees have not faltered.38. I pursued my enemies and overtook them; I did not turn back until I destroyed them.39. I crushed them so that they were unable to rise; they are fallen beneath my feet.40. You have girded me with strength for battle; You have subdued my adversaries beneath me.41. You have made my enemies turn their backs to me, and my foes I cut down.42. They cried out, but there was none to deliver them; to the Lord, but He did not answer them.43. I ground them as the dust before the wind, I poured them out like the mud in the streets.44. You have rescued me from the quarrelsome ones of the people, You have made me the head of nations; a nation I did not know became subservient to me.45. As soon as they hear of me they obey me; strangers deny to me [their disloyalty].46. Strangers wither away, they are terrified in their strongholds.47. The Lord lives; blessed is my Rock; exalted is the God of my deliverance.48. You are the God Who executes retribution for me, and subjugates nations under me.49. Who rescues me from my enemies, Who exalts me above my adversaries, Who delivers me from the man of violence.50. Therefore I will laud You, Lord, among the nations, and sing to Your Name.51. He grants His king great salvations, and bestows kindness upon His anointed, to David and his descendants forever."
Chapter 19
To behold God's might one should look to the heavens, to the sun, and to the Torah, from which awesome miracles and wonders can be perceived--wonders that lead the creations to tell of God's glory.
1. For the Conductor, a psalm by David.2. The heavens recount the glory of the Almighty; the sky proclaims His handiwork.3. Day to day speech streams forth; night to night expresses knowledge.4. There is no utterance, there are no words; their voice is inaudible.5. Their arc extends throughout the world; their message to the end of the earth. He set in them [the heavens] a tent for the sun,6. which is like a groom coming forth from his bridal canopy, like a strong man rejoicing to run the course.7. Its rising is at one end of the heavens, and its orbit encompasses the other ends; nothing is hidden from its heat.8. The Torah of the Lord is perfect, restoring the soul; the testimony of the Lord is trustworthy, making wise the simpleton.9. The precepts of the Lord are just, rejoicing the heart; the command of the Lord is clear, enlightening the eyes.10. The fear of the Lord is pure, abiding forever; the judgments of the Lord are true, they are all righteous together.11. They are more desirable than gold, than much fine gold; sweeter than honey or the drippings of honeycomb.12. Indeed, Your servant is scrupulous with them; in observing them there is abundant reward.13. Yet who can discern inadvertent wrongs? Purge me of hidden sins.14. Also hold back Your servant from willful sins; let them not prevail over me; then I will be unblemished and keep myself clean of gross transgression.15. May the words of my mouth and the meditation of my heart be acceptable before You, Lord, my Strength and my Redeemer.
Chapter 20
If a loved one or relative is suffering-even in a distant place, where one is unable to help-offer this prayer on their behalf.
1. For the Conductor, a psalm by David.2. May the Lord answer you on the day of distress; may the Name of the God of Jacob fortify you.3. May He send your help from the Sanctuary, and support you from Zion.4. May He remember all your offerings, and always accept favorably your sacrifices.5. May He grant you your heart's desire, and fulfill your every counsel.6. We will rejoice in your deliverance, and raise our banners in the name of our God; may the Lord fulfill all your wishes.7. Now I know that the Lord has delivered His anointed one, answering him from His holy heavens with the mighty saving power of His right hand.8. Some [rely] upon chariots and some upon horses, but we [rely upon and] invoke the Name of the Lord our God.9. They bend and fall, but we rise and stand firm.10. Lord, deliver us; may the King answer us on the day we call.
Chapter 21
One who is endowed with prosperity, and whose every desire is granted, ought not be ungrateful. He should praise and thank God, recognize Him as the cause of his prosperity, and trust in Him. For everything comes from the kindness of the One Above.
1. For the Conductor, a psalm by David.2. The king rejoices in Your strength, Lord; how greatly he exults in Your deliverance!3. You have given him his heart's desire, and You have never withheld the utterance of his lips.4. You preceded him with blessings of good; You placed a crown of pure gold on his head.5. He asked of You life, You gave it to him-long life, forever and ever.6. His glory is great in Your deliverance; You have placed majesty and splendor upon him.7. For You make him a blessing forever; You gladden him with the joy of Your countenance.8. For the king trusts in the Lord, and in the kindness of the Most High-that he will not falter.9. Your hand will suffice for all Your enemies; Your right hand will find those who hate You.10. You will make them as a fiery furnace at the time of Your anger. May the Lord consume them in His wrath; let a fire devour them.11. Destroy their offspring from the earth, their descendants from mankind.12. For they intended evil against You, they devised evil plans which they cannot execute.13. For You will set them as a portion apart; with Your bowstring You will aim at their faces.14. Be exalted, O Lord, in Your strength; we will sing and chant the praise of Your might.
Chapter 22
Every person should pray in agony over the length of the exile, and our fall from prestige to lowliness. One should also take vows (for self-improvement) in his distress.
1. For the Conductor, on the ayelet hashachar, a psalm by David.2. My God, my God, why have You forsaken me! So far from saving me, from the words of my outcry?3. My God, I call out by day, and You do not answer; at night-but there is no respite for me.4. Yet You, Holy One, are enthroned upon the praises of Israel.5. In You our fathers trusted; they trusted and You saved them.6. They cried to You and were rescued; they trusted in You and were not shamed.7. And I am a worm and not a man; scorn of men, contempt of nations.8. All who see me mock me; they open their lips, they shake their heads.9. But one that casts [his burden] upon the Lord-He will save him; He will rescue him, for He desires him.10. For You took me out of the womb, and made me secure on my mother's breasts.11. I have been thrown upon You from birth; from my mother's womb You have been my God.12. Be not distant from me, for trouble is near, for there is none to help.13. Many bulls surround me, the mighty bulls of Bashan encircle me.14. They open their mouths against me, like a lion that ravages and roars.15. I am poured out like water, all my bones are disjointed; my heart has become like wax, melted within my innards.16. My strength is dried up like a potsherd, and my tongue cleaves to my palate; You set me in the dust of death.17. For dogs surround me, a pack of evildoers enclose me; my hands and feet are like a lion's prey.18. I count all my limbs, while they watch and gloat over me.19. They divide my garments amongst them; they cast lots upon my clothing.20. But You, Lord, do not be distant; my Strength, hurry to my aid!21. Save my life from the sword, my soul from the grip of dogs.22. Save me from the lion's mouth, as You have answered me from the horns of wild beasts.23. I will recount [the praises of] Your Name to my brothers; I will extol You amidst the congregation.24. You that fear the Lord, praise Him! Glorify Him, all you progeny of Jacob! Stand in awe of Him, all you progeny of Israel!25. For He has not despised nor abhorred the entreaty of the poor, nor has He concealed His face from him; rather He heard when he cried to Him.26. My praise comes from You, in the great congregation; I will pay my vows before those that fear Him.27. Let the humble eat and be satisfied; let those who seek the Lord praise Him-may your hearts live forever!28. All the ends of the earth will remember and return to the Lord; all families of nations will bow down before You.29. For sovereignty is the Lord's, and He rules over the nations.30. All the fat ones of the earth will eat and bow down, all who descend to the dust shall kneel before Him, but He will not revive their soul.31. The progeny of those who serve Him will tell of the Lord to the latter generations.32. They will come and relate His righteousness-all that He has done-to a newborn nation.
Tanya: Likutei Amarim, beginning of Chapter 30
• Adar 3, 5775 · February 22, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 30
In ch. 29 the Alter Rebbe discussed various means of overcoming timtum halev — the state of insensitivity in which one’s heart is dull, and unresponsive to his contemplation of G‑d’s greatness. All these methods are aimed at crushing one’s spirit, whereby one crushes the cause of the timtum halev — the arrogance of the sitra achra of the animal soul.
In ch. 30, the Alter Rebbe continues this discussion by outlining another method of dealing with this problem.
עוד זאת ישים אל לבו לקיים מאמר רז״ל: והוי שפל רוח בפני כל האדם
One who suffers from timtum halev must also set his heart to fulfill the instruction of our Sages:1 “Be lowly of spirit before every man.”
Now a number of commentators have noted a difficulty in this Mishnaic dictum. For the Hebrew language distinguishes between two types of humility: the first is a feeling of inferiority in comparison with others; the second is the absence of self-glorification even while recognizing one’s superiority — the thought that his superior qualities are a G‑d-given gift, and that another man similarly endowed might in fact have invested them to better advantage.
The former type of humility is called שפלות — literally, “lowliness”, and the latter — .עניוות
Since the Mishnah employs the adjective שפל רוח , it is explicitly advocating the former type of humility, and here the difficulty arises: Why should one regard himself as being lowlier than every man, lowlier even than the lowliest sinner?
Because of this difficulty, some commentators interpret the Mishnah as saying: “Conductyourself self-effacingly toward every man,” i.e., “Treat every man with deference, as though he were superior to you.”
The Alter Rebbe, however, objects to this interpretation, as follows:
והוי באמת לאמיתו
The wording implies: “Be thus,” and do not merely act thus, in all sincerity,
בפני כל האדם ממש, אפילו בפני קל שבקלים
in the presence of every man, even in the presence of the most worthless of worthless men (kal shebekalim).
Having rejected this interpretation, however, we remain with the original difficulty: How is one expected to regard himself as being lowlier than the lowliest sinner?
In answer, the Alter Rebbe states that the introspective Beinoni will find that he often fails to wage war against his evil inclination to the same extent as the sinner is required to wage war against his desires. Although the lapses of the Beinoni may be in seemingly inconsequential matters, they are more reprehensible than the lowly sinner’s transgressions. Thus, even theBeinoni, whose observance of the Torah and mitzvot is impeccable, can indeed regard himself as being lowlier than literally every man, as the Alter Rebbe goes on to say:
והיינו על פי מאמר רז״ל: אל תדין את חבירך עד שתגיע למקומו
This can be accomplished by following the instruction of our Sages:2 “Judge not your fellow man until you have stood i.e., placed yourself in his place.”
כי מקומו גורם לו לחטוא
For it is literally his “place” i.e., his physical environment that causes him to sin,
להיות פרנסתו לילך בשוק כל היום ולהיות מיושבי קרנות, ועיניו רואות כל התאוות, והעין רואה והלב חומד
since his livelihood requires him to go about the market-place all day, andwhenever he is not thus engaged he is of those who sit at the street-corners. Thus his eyes see all sorts of temptation; and “‘what the eyes see, the heart desires.”
ויצרו בוער כתנור בוערה מאופה, כמו שכתוב בהושע: הוא בוער כאש להבה וגו׳
Additionally it may be his spiritual “place”, the nature of his evil impulse, that leads him to sin: his evil nature burns like a baker’s fiery oven, which is heated with greater frequency and intensity than a domestic oven, as it is written in Hoshea:3 “It burns like a flaming fire.”
מה שאין כן מי שהולך בשוק מעט, ורוב היום יושב בביתו
It is different, however, with him who goes about but little in the market-place, and most of the day he is at home rather than at the street-corners, and he therefore encounters less temptation.
וגם אם הולך כל היום בשוק, יכול להיות שאינו מחומם כל כך בטבעו
Even if he does go about the market-place all day, so that his physical “place” is the same as that of the kal shebekalim, yet it may be that his spiritual “place” is different, in thathe is not so passionate by nature, and is therefore not as greatly tempted by the sights of the market-place.
כי אין היצר שוה בכל נפש: יש שיצרו כו׳, כמו שכתוב במקום אחר
For the evil impulse is not the same in everyone. One person’s nature may be more passionate, and the other’s less so, as explained elsewhere.4
But if the misdeeds of the kal shebekalim are indeed attributable to his environment and to his passionate nature, why does he deserve his derogatory appelation? To this the Alter Rebbe replies:
והנה באמת, גם מי שהוא מחומם מאד בטבעו, ופרנסתו היא להיות מיושבי קרנות כל היום
In truth, even he who is extremely passionate by nature, and whose livelihood obliges him to sit all day at the street-corners,
אין לו שום התנצלות על חטאיו, ומיקרי רשע גמור על אשר אין פחד אלקים לנגד עיניו
has no excuse whatsoever for his sins, and he is termed a rasha gamur (“an utter evildoer”) for not having the dread of G‑d before his eyes.
כי היה לו להתאפק ולמשול על רוח תאוותו שבלבו, מפני פחד ה׳ הרואה כל מעשיו
For he should have controlled himself and restrained the feeling of desire in his heart because of the fear of G‑d Who sees all his actions,
כמו שכתוב לעיל: כי המוח שליט על הלב בתולדתו
This fear of G‑d would have enabled him to overcome his desires, despite the difficulties imposed by his surroundings and his nature for, as explained above,5 the mind has supremacy over the heart by nature of one’s birth, i.e., it is man’s inborn characteristic that his mind is able to master and restrain his heart’s desires.
והנה באמת היא מלחמה גדולה ועצומה לשבור היצר הבוער כאש להבה, מפני פחד ה׳, וכמו נסיון ממש
Truly, it is a great, fierce struggle to break one’s [evil] nature which burns like a fiery flame, for the fear of G‑d; indeed, it is like a veritable test.
והלכך צריך כל אדם לפי מה שהוא מקומו ומדרגתו בעבודת ה׳ לשקול ולבחון בעצמו
Therefore, every man ought to weigh and examine his own position, according to the standards of his place and rank in divine service,
אם הוא עובד ה׳ בערך ובחינת מלחמה עצומה כזו ונסיון כזה
as to whether he serves G‑d in a situation requiring a comparable struggle in a manner commensurate with the dimensions of such a fierce battle and test as the kal shebekalim faces.
For even the most dispassionate and cloistered of men must often engage in battle with his evil inclination, both in the area of6 “doing good” and in that of “turning away from evil,” as the Alter Rebbe goes on to illustrate.
בבחינת ועשה טוב, כגון בעבודת התפלה בכוונה, לשפוך נפשו לפני ה׳ בכל כחו ממש
In the realm of “do good” — in the service of prayer with kavanah (devotion), for example, he must battle his evil inclination daily, in order to pour out his soul before G‑d with his entire strength,
עד מיצוי הנפש
to the extent of “wringing out” his soul,7 i.e., exhausting all of his intellectual and emotional power in his devotion.
ולהלחם עם גופו ונפש הבהמית שבו המונעים הכוונה במלחמה עצומה, ולבטשם ולכתתם כעפר קודם התפלה שחרית וערבית מדי יום ביום
This battle must be waged both before (i.e., preparatory to) and also during prayer, as follows:He must wage a great and intense war against his body and the animal soul within it which impede his devotion, crushing and grinding them like dust every single day, before the morning and evening prayers.
וגם בשעת התפלה, לייגע עצמו ביגיעת נפש ויגיעת בשר, כמו שכתוב לקמן באריכות
Also during prayer he must exert himself with an exertion of the spirit, so that his spirit should not grow weary of lengthy contemplation on the greatness of G‑d, and an exertion of the body to remove the hindrances to devotion imposed by the body, as will be explained further at length.8
| FOOTNOTES | |
| 1. | Avot 4:10. |
| 2. | Ibid. 2:4. |
| 3. | See Hoshea 7:4, 6. |
| 4. | See Likkutei Torah, Vayikra 2b. |
| 5. | Ch. 12. |
| 6. | Tehillim 34:15. |
| 7. | Sifrei on Devarim 6:5. |
| 8. | Ch. 42. |
• Sefer Hamitzvos:
Adar 3, 5775 · February 22, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
Positive Commandment 213Marriage
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
"When a man takes a wife and is intimate with her"—Deuteronomy 24:1.
It is a mitzvah for a man to marry a woman through kiddushin. Kiddushin is accomplished through one of three methods: a) The man giving the women an object of value [for the purpose of marriage]. b) The man giving the woman a marriage contract [a document upon which is written, "With this document I am marrying you"]. c) Through the man being intimate with the woman.
Marriage
Positive Commandment 213
Translated by Berel Bell
The 213th mitzvah is that we are commanded to acquire [by kiddushin1] a woman before2 marrying her [n'suin]: either by giving her something3 [of sufficient value]; by giving her a document [of marriage]; or by having marital relations [for the purpose of kiddushin]. This is the mitzvah of kiddushin.
This mitzvah is hinted to in the Torah in the verse,4 "When a man acquires a woman and has relations with her...." This implies that he can acquire her through having relations.
[That a document may be used is alluded to in the verse5 which states that after receiving a writ of divorce,] "She leaves...and may marry another man." [Since the divorce and the marriage are described together, they can be compared:] just as she leaves by means of a document, so too she may marry by means of a document.
So too, the use of money may be derived from the verse6 regarding a Jewish maidservant,7 [that upon reaching puberty, she goes free,] "without money." Our Sages explain,8 "There is no money received by this master, but another master does receive money. Who is this? The girl's father [who receives money when his daughter gets married]."9
However, only kiddushin by means of relations has the validity of a law m'dioraysa,10 as explained in many places in Kesuvos,11 Kiddushin,12 and Niddah.13 All the details of this law have been thoroughly explained in the designated tractate, i.e. Kiddushin.
Our Sages stated explicitly14 that kiddushin by means of relations is a Torah law. This statement proves that kiddushin counts as a law of the Torah.
FOOTNOTES
1.In Jewish law, there are two steps to a marriage, kiddushin and n'suin. After the first step, they are considered husband and wife, but they may not yet live together as such until after n'suin. During Talmudic times there was a twelve-month period between the two stages, but today they are performed together.
2.See Chinuch, mitzvah 539; Yad Halevi P213:1 (that this is also the Rambam's intention here); Kesef Mishneh, Hilchos Ishus, Ch. 1, end of Halachah 2 (as to the Rambam's description of this mitzvah as n'suin). According to Kapach, 5731, this phrase could be translated, "acquire a woman in order to live as husband and wife" (kinyan shel ishus).
3.This could be money or an object.
4.Deut. 24:1.
5.Deut. 24:2.
6.Ex. 21:11.
7.See P233.
8.Kiddushin 4a.
9.The Talmud compares the two parties who, at different times, could have control over the girl: her father, and her master, who has purchased her as a servant. The master, as the verse relates, need not receive money in order for her to be released from his control. Upon reaching puberty, she automatically goes free.
However, since only the case of the master is described in the verse, the Talmud derives that in the other case (the father), he does receive money when she is released from his control (i.e. through kiddushin). We therefore see that marriage can be effected by means of giving money.
10.According to many, the Rambam later changed his mind. See Haga'os Haramach, Kesef Mishneh, and other commentaries to Hilchos Ishus, beg. of Ch.1. Sefer Nashim, Kapach edition, 5747, note 5 (p.13). Sefer Hamitzvos, Kapach, 5731, P213, footnote 17.
11.3a.
12.Ch. 1, Mishneh 1.
13.Ch. 5, Mishneh 4.
14.Kiddushin 9b.
It is a mitzvah for a man to marry a woman through kiddushin. Kiddushin is accomplished through one of three methods: a) The man giving the women an object of value [for the purpose of marriage]. b) The man giving the woman a marriage contract [a document upon which is written, "With this document I am marrying you"]. c) Through the man being intimate with the woman.
Marriage
Positive Commandment 213
Translated by Berel Bell
The 213th mitzvah is that we are commanded to acquire [by kiddushin1] a woman before2 marrying her [n'suin]: either by giving her something3 [of sufficient value]; by giving her a document [of marriage]; or by having marital relations [for the purpose of kiddushin]. This is the mitzvah of kiddushin.
This mitzvah is hinted to in the Torah in the verse,4 "When a man acquires a woman and has relations with her...." This implies that he can acquire her through having relations.
[That a document may be used is alluded to in the verse5 which states that after receiving a writ of divorce,] "She leaves...and may marry another man." [Since the divorce and the marriage are described together, they can be compared:] just as she leaves by means of a document, so too she may marry by means of a document.
So too, the use of money may be derived from the verse6 regarding a Jewish maidservant,7 [that upon reaching puberty, she goes free,] "without money." Our Sages explain,8 "There is no money received by this master, but another master does receive money. Who is this? The girl's father [who receives money when his daughter gets married]."9
However, only kiddushin by means of relations has the validity of a law m'dioraysa,10 as explained in many places in Kesuvos,11 Kiddushin,12 and Niddah.13 All the details of this law have been thoroughly explained in the designated tractate, i.e. Kiddushin.
Our Sages stated explicitly14 that kiddushin by means of relations is a Torah law. This statement proves that kiddushin counts as a law of the Torah.
FOOTNOTES
1.In Jewish law, there are two steps to a marriage, kiddushin and n'suin. After the first step, they are considered husband and wife, but they may not yet live together as such until after n'suin. During Talmudic times there was a twelve-month period between the two stages, but today they are performed together.
2.See Chinuch, mitzvah 539; Yad Halevi P213:1 (that this is also the Rambam's intention here); Kesef Mishneh, Hilchos Ishus, Ch. 1, end of Halachah 2 (as to the Rambam's description of this mitzvah as n'suin). According to Kapach, 5731, this phrase could be translated, "acquire a woman in order to live as husband and wife" (kinyan shel ishus).
3.This could be money or an object.
4.Deut. 24:1.
5.Deut. 24:2.
6.Ex. 21:11.
7.See P233.
8.Kiddushin 4a.
9.The Talmud compares the two parties who, at different times, could have control over the girl: her father, and her master, who has purchased her as a servant. The master, as the verse relates, need not receive money in order for her to be released from his control. Upon reaching puberty, she automatically goes free.
However, since only the case of the master is described in the verse, the Talmud derives that in the other case (the father), he does receive money when she is released from his control (i.e. through kiddushin). We therefore see that marriage can be effected by means of giving money.
10.According to many, the Rambam later changed his mind. See Haga'os Haramach, Kesef Mishneh, and other commentaries to Hilchos Ishus, beg. of Ch.1. Sefer Nashim, Kapach edition, 5747, note 5 (p.13). Sefer Hamitzvos, Kapach, 5731, P213, footnote 17.
11.3a.
12.Ch. 1, Mishneh 1.
13.Ch. 5, Mishneh 4.
14.Kiddushin 9b.
Tefilah and Birkat Kohanim - Chapter Eight
Halacha 1
Communal prayer is always heard. Even when there are transgressors among [the congregation], the Holy One, blessed be He, does not reject the prayers of the many. Therefore, a person should include himself in the community and should not pray alone whenever he is able to pray with the community.
One should always spend the early morning and evening [hours] in the synagogue, for prayer will not be heard at all times except [when recited] in the synagogue.
Anyone who has a synagogue in his city and does not pray [together] with the congregation in it is called a bad neighbor.
Halacha 2
It is a mitzvah to run to the synagogue as [Hoshea 6:3] states: "Let us know. Let us run to know God." A person should not take long steps when he leaves the synagogue. Instead, he should proceed [slowly,] step by step.
When one enters a synagogue, he should go in the distance of two doorways and then pray, [in order] to fulfill [the instructions of Proverbs 8:34] which states: "to guard the posts of My doors."
Halacha 3
A study hall is greater than a synagogue. Even though [some of the] great Sages [lived in] cities where many synagogues were located, they would pray only in the place where they studied Torah.
The above applies, [however, only] when one can participate in communal prayer there.
Halacha 4
What is implied by [the term,] communal prayer? One [person] prays aloud and all [the others] listen. This should not be done with fewer than ten adult free males. The leader of the congregation is [counted as] one of them.
Even if some of them have already prayed and fulfilled their obligation, they can complete the [quorum of] ten provided the majority of the ten have not prayed.
Similarly, we should not recite Kedushah, read the Torah with its blessings before and after it, or read the haftorah from the Prophets except in [a quorum of] ten.
Halacha 5
Similarly, one [person] should not recite the blessings associated with theShema while the others listen and answer "Amen" except [in the presence of a quorum of] ten. This is called poreis al Shema.
One only recites Kaddish with ten. The priests do not bless the people except [in the presence of a quorum of] ten. The priests [themselves] may be considered part of the quorum.
[Ten are required] because every [group of] ten Jews is called a congregation as [implied by Numbers 14:27]: "How long [must I suffer] this evil congregation." They were ten, for Joshua and Calev were not included [among them].
Halacha 6
Any holy matter may only [be performed] in a congregation of Jews, as [Leviticus 22:32] states: "And I shall be sanctified among the children of Israel".
Regarding all these matters, if they were begun with ten [people] and some leave - even though they are not permitted to - the remainder should conclude [the holy matter].
Halacha 7
All [ten members of a congregation] and the leader of the congregation must be in one place.
[The following rules apply when] a small courtyard opens up in its entirety into a large courtyard: If there are nine [people] in the large one and one in the small one, they may be considered as a group [to form a quorum of ten]. If there are nine [people] in the small one and one in the large one, they are not considered as a group.
If a congregation is in the large one, but the leader of the congregation is in the small one, they fulfill their obligation. If the congregation is in the small one, but the leader of the congregation is in the large one, they do not fulfill their obligation since he is separate from them and not with them in one place.
[The motivating principle is] that the walls on each side of the large courtyard separate it from the small one. [However], the smaller one is not separated from the large one, but rather, is considered as its corner.
Halacha 8
Similarly, if there were feces in the larger [courtyard], it is forbidden to pray or recite the Shema [even] in the smaller one. If there were feces in the smaller one, it is permissible to pray and recite the Shema in the larger one provided there is not a foul odor since [the larger courtyard] is set apart from [the feces].
Halacha 9
The leader of the congregation can fulfill the obligation [of prayer] on behalf of the congregation.
What is implied? When he prays and they listen and respond "Amen" after each and every blessing, it is considered as if they prayed [themselves].
To whom does this apply? To one who does not know how to pray. However, one who does know how to pray, only fulfills his obligation by praying himself.
Halacha 10
When does the above apply? Throughout the entire year with the exception of Rosh HaShanah, and Yom Kippur of the Jubilee year.
On these two days, the leader of the congregation can fulfill the obligation [of prayer] on behalf of those who know [how to pray] just as he can fulfill the obligation [of prayer] on behalf of those who do not know [how to pray] because [the Shemoneh Esreh recited on these days contains] long blessings and most people do not know them [to the extent] that they can have the same intention as the leader of the congregation.
Therefore, on these two days, even a person who knows [how to pray] is granted permission to rely on the prayers of the leader of the congregation to fulfill his obligation [of prayer] if he so desires.
Halacha 11
Only a person of great stature within the community in both wisdom and deed should be appointed as the leader of the congregation. If he is an older man, it is very praiseworthy. An effort should be made to appoint as the leader of the congregation, someone who has a pleasant voice and is familiar with reading [Biblical verses].
A person who does not have a full beard should not be appointed as the leader of the congregation even if he be a wise man of great stature, as a gesture of respect to the congregation. However, he may recite the Shema publicly after he has reached the age of thirteen and manifested signs of physical maturity.
Halacha 12
Similarly, the inarticulate who pronounce an alef as an ayin or an ayin as an alefor one who cannot articulate the letters in the proper manner should not be appointed as the leader of a congregation.
A teacher may appoint one of his students to lead the prayers in his presence. A blind person may recite the Shema publicly and serve as the leader of a congregation. A person whose shoulders are uncovered - though he may recite the Shema publicly - may not serve as the leader of the congregation until he is covered by a cloak.
Commentary Halacha 1
Communal prayer is always heard - Berachot 7b-8a relates:
Rav Yitzchok asked Rav Nachman: "Why did you not come pray in the synagogue?"
[Rav Nachman] answered him: "I was unable to."
He said: "Gather ten men together and pray."
He responded: "The matter is a bother to me."
[Rav Yitzchok] suggested: "Tell the leader of the congregation to let you know when it is the time for prayer."
He said: Why is all this trouble necessary?"
He replied: "Rabbi Yochanan said in the name of Rabbi Shimon bar Yochai: What is [the meaning of Psalms 69:14] 'As for me, let my prayer be to You, God, at an auspicious time'? When is an auspicious time? The time when the congregation is praying."
[Rav Nachman] answered him: "I was unable to."
He said: "Gather ten men together and pray."
He responded: "The matter is a bother to me."
[Rav Yitzchok] suggested: "Tell the leader of the congregation to let you know when it is the time for prayer."
He said: Why is all this trouble necessary?"
He replied: "Rabbi Yochanan said in the name of Rabbi Shimon bar Yochai: What is [the meaning of Psalms 69:14] 'As for me, let my prayer be to You, God, at an auspicious time'? When is an auspicious time? The time when the congregation is praying."
The Talmud continues, mentioning other prooftexts which emphasize the importance of praying together with a minyan.
Even when there are transgressors among [the congregation], - Eichah Rabbahexplains this concept with the following parable. A group of people fashioned a crown for a king. Among them was a poor person who also put something of his own into the crown. Though the king noticed the poor man's contribution, since the crown as a whole found favor in his eyes, he accepted it and put it on his head. The Midrash continues: By the same token, if there are ten righteous people praying and one evildoer stands among them, will God say: Because of the evildoer, I will not accept their prayers?
Menachot 27a even attributes a positive dimension to the presence of the wicked in communal prayer:
[There are] four species in the [mitzvah of] lulav; two of which (the lulav and theetrog) bear fruit (refer to the righteous, Rashi) and two of which (the myrtle and the willow) do not bear fruit (refer to the wicked, ibid.).
The species which bear fruit require the presence of those which don't and the species which don't bear fruit require the presence of those that do. A person does not fulfill his obligation until he has all of them in one bound unit.
So, too, the Jewish people, when they seek acceptance [from God], must be one bound unit.
The species which bear fruit require the presence of those which don't and the species which don't bear fruit require the presence of those that do. A person does not fulfill his obligation until he has all of them in one bound unit.
So, too, the Jewish people, when they seek acceptance [from God], must be one bound unit.
Accordingly, on Yom Kippur, it is customary to invite sinners to join in the prayer service. Note also the conclusion of Iggeret HaShmad where the Rambam encourages tolerance and acceptance toward sinners who come to the synagogue to pray.
[Note also the Sh'loh who writes that the word, צבור - "community" - is an acronym for the words, צדיקים - "the righteous," בינונים - "the intermediates," and רשעים, "the wicked."]
the Holy One, blessed be He, does not reject the prayers of the many. -Berachot 8a cites Psalms 55:19: "He delivered my soul in peace from the battle against me, for there were many who strove with me," as the prooftext for this concept.
Therefore, a person should include himself in the community - This phrase is quoted - somewhat out of context - from Berachot 29b-30a which explains why we recite our prayers in the plural. The Rambam borrows the concept and uses it to summarize the above teachings and derive the following directive.
and should not pray alone whenever he is able to pray with the community. - i.e., though praying without a minyan is permissible, one should do so only when he has no other alternative.
One should always spend the early morning and evening [hours] in the synagogue - i.e., one should be found in the synagogue at the times of the three Daily Prayers; Shacharit in the morning, Minchah in the late afternoon andMaariv at night.
The Rambam uses the word ישכים - to rise early. Perhaps he is alluding toBerachot 47b which states:
One should always rise early and go to the synagogue in order to merit being counted among the first ten present. Even if 100 people come after him, he receives the reward of all of them.
Alternatively, perhaps he is referring to his statement, Hilchot Kri'at Shema1:11, that one should recite the Shema before sunrise.
for prayer will not be heard - i.e., accepted by God
at all times - The Lechem Mishneh explains: Prayer which is recited with the proper intentions outside the synagogue may be accepted, but there is no guarantee that prayer will be accepted at all times...
except [when recited] in the synagogue. - Berachot 6a derives this concept from I Kings 8:28: "...to listen to the song and the prayer." "In the place of song (i.e., the synagogue where the people sing God's praises - Rashi), prayer should be [recited]."
The Kessef Mishneh adds that based on this concept, one should pray in the synagogue even when he is praying alone. The Kessef Mishneh also rules that if one is unable to go to the synagogue he should, at least, attempt to pray at the same time as the community. He quotes both these concepts in hisShulchan Aruch, Orach Chayim 90:9.
Though this and the following two halachot mention the importance of a synagogue, the synagogue is discussed here only within the context of the importance of communal prayer. In Chapter 11, the Rambam focuses on the sanctity of the synagogue as a subject in its own right.
Anyone who has a synagogue in his city and does not pray [together] with the congregation in it is called a bad neighbor. - Berachot 8a derives this concept based on Jeremiah 12:14: "So says God regarding all my evil neighbors that touch the inheritance (i.e., the synagogues and houses of study) that I have bequeathed to My people Israel."
When quoting this law, the Shulchan Aruch (Orach Chayim 90:11) also quotes the continuation of the above Talmudic passage:
Furthermore, they cause dispersion to themselves and their children as [the verse in Jeremiah continues]: "Behold, I will uproot them from their land."
Commentary Halacha 2
It is a mitzvah to run to the synagogue as [Hoshea 6:3] states: "Let us know. Let us run to know God." - The Tur (Orach Chayim 90) adds that it is also a mitzvah to run to perform other commandments.
A person should not take long steps when he leaves the synagogue. Instead, he should proceed [slowly,] step by step. - Rashi (Berachot 6b) explains that hurrying away from the synagogue, suggests that one views the synagogue and the obligations contained therein to be a burden.
When one enters a synagogue he should go in the distance of two doorways and then pray, - Rashi (Berachot 8a) explains that we are obligated to enter the distance of two doorways widthwise in order not to appear anxious to leave. The Beit Yosef (Orach Chayim 90) explains that this refers to a distance of eight handbreadths.
The Hagahot Maimoniot interprets the Talmud's statement, "the measure of two doorways" as a matter of time, not distance. One should wait a few moments after entering the synagogue before he starts to pray.
The Hagahot Maimoniot also states that according to the interpretation that the "measure of two doorways" refers to actual distance, this requirement only applies when the synagogue is located near the public thoroughfare. If it is not, one may pray near the door. Rabbenu Yonah also mentions that a person whose fixed place for prayer in the synagogue is beside the door does not violate this requirement. It is obvious that he is sitting there not because of his desire to leave quickly, but because it is his seat in the synagogue.
[in order] to fulfill [the instructions of Proverbs 8:34] which states: "to guard the posts of My doors." - The Jerusalem Talmud (Berachot 5:1) points to the plural forms of "posts" and "doors" as indicating the need to enter the distance of two doorways.
Commentary Halacha 3
A study hall is greater - i.e., it is a more auspicious place to pray.
than a synagogue - Other ramifications of this concept are mentioned in Chapter 11, Halachah 14, and in Hilchot Talmud Torah 4:9.
Even though [some of the] great Sages [lived in] cities where many synagogues were located, they would pray only in the place where they studied Torah. - Berachot 30b relates: "Even though there were thirteen synagogues in Tiberias, Rav Ami and Rav Assi would pray only between the pillars in the study hall."
Berachot 8a interprets the phrase "the gates of Zion" in Psalms 87:2: "God loves the gates of Zion above all the dwellings of Jacob" as referring to "the gates of those who are בהלכה המצויינים (distinguished by the halachah studied there)" and states that they receive the highest degree of Divine attention.
The Talmud continues: Abbaye says: "Originally, I would study in my house and pray in the synagogue. After hearing this, I pray only where I study."
The above applies [however, only] when one can participate in communal prayer there. - The Kessef Mishneh mentions the view of certain rabbinic authorities who maintain that it is preferable for a scholar to pray in a study hall even without a minyan. However, he also mentions the opinion of Rabbenu Asher (See Responsum 4) who writes that if the scholars do not appear in the synagogue the common people will assume that their presence is also unnecessary. The Shulchan Aruch (Orach Chayim 90:18) quotes the Rambam's position.
Commentary Halacha 4
What is implied by [the term,] communal prayer? One [person] prays aloud and all [the others] listen. - With this statement, the Rambam touches on a point debated both by the Sages of the Talmud and the later Rabbis. The mishnah, Rosh HaShanah 33b, states:
Just as the leader of the congregation is obligated [to pray], each individual is obligated. Rabban Gamliel states: "The leader of the congregation fulfills the obligation on behalf of the community."
The Talmud (34b) elaborates on the difference of opinion:
They asked Rabban Gamliel: "According to your opinion, why does the community pray?"
He replied: "In order to allow the leader of the community to prepare his prayers."
Rabban Gamliel asked them: "According to your opinion, why does the leader of the congregation pray aloud?"
They replied: "In order to allow those who are not knowledgeable to fulfill their obligation."
He told them: "Just as he fulfills the obligation on behalf of those who are not knowledgeable, he fulfills it on behalf of those who are knowledgeable."
He replied: "In order to allow the leader of the community to prepare his prayers."
Rabban Gamliel asked them: "According to your opinion, why does the leader of the congregation pray aloud?"
They replied: "In order to allow those who are not knowledgeable to fulfill their obligation."
He told them: "Just as he fulfills the obligation on behalf of those who are not knowledgeable, he fulfills it on behalf of those who are knowledgeable."
The Sages of the Talmud continued to debate the issue. The ultimate decision accepted by Rav Yitzchok Alfasi, the Rambam (See Halachah 9), and Rabbenu Asher, is that during the entire year, the Sages' opinion is accepted. However, on Rosh HaShanah, because of the complexity of the blessings (See Halachah 10), Rabban Gamliel's opinion prevails.
Both Rabban Gamliel and the Sages agree that the practice of communal prayer involves two elements:
a) the silent prayers of many individuals; and
b) the chazan's repetition of the Shemoneh Esreh.
They differ, however, as to which of these elements is considered of primary importance. According to the Sages, the essential element of communal prayer is that ten or more people recite the Shemoneh Esreh at the same time. According to Rabban Gamliel, the essential element of communal prayer is, as the Rambam states in this halachah, the prayer of the leader of the congregation.
a) the silent prayers of many individuals; and
b) the chazan's repetition of the Shemoneh Esreh.
They differ, however, as to which of these elements is considered of primary importance. According to the Sages, the essential element of communal prayer is that ten or more people recite the Shemoneh Esreh at the same time. According to Rabban Gamliel, the essential element of communal prayer is, as the Rambam states in this halachah, the prayer of the leader of the congregation.
[Note Likkutei Sichot, Vol. 24, which explains that their difference of opinion revolves around a more general issue: Which is of higher priority, quantity (the prayers of the many) or quality (the prayers of the leader of the congregation)?]
The Rambam's statement here is difficult to place in perspective. Though in Halachah 9, he accepts the Sages' view (See also Chapter 9, Halachot 2-3) in this halachah, his opinion follows that of Rabban Gamliel. In one of his responsa, the Rambam explains that after the Sages instituted the silentShemoneh Esreh to allow the leader of the congregation to prepare his prayers, even Rabban Gamliel would agree that all the individuals praying in a minyanalso fulfill their obligation to pray by reciting their own prayers. Still it is difficult to understand why the Rambam would have the individuals forfeit the higher quality of communal prayer in order to pray individually.
In his notes to Rosh HaShanah, ibid., Rav Chayim Soloveichik writes that to take into consideration the Rambam's statements in this halachah, after concluding his individual prayers, each person should stand and listen to the prayer of the leader of the congregation and thus, fulfill the mitzvah of communal prayer. Note Likkutei Sichot, ibid., which compares answering to thechazan's prayer to reciting a voluntary prayer (See Chapter 1, Halachah 9). By doing so, one will have both the advantages of individual and communal prayer.
This should not be done with fewer than ten - See Halachot 4 and 5.
adult - Males who have reached the age of thirteen years and a day and manifested signs of physical maturity. (See Hilchot Kri'at Shema 3:19.)
The Kessef Mishneh explains that the Rambam derives this halachah fromBerachot 47b-48a which allows for the inclusion of a child in the zimmun for the grace after meals. (See Hilchot Berachot 5:7.) We assume that this leniency was granted only in regard to grace, but not in regard to prayer. See alsoBereishit Rabbah 91:3.
Many Halachic authorities do not accept this conclusion. In his siddur, Rav Sa'adia Gaon rules that a child may be counted as the tenth in a minyan. Similarly, the Ba'al HaMe'or holds that even up to four minors may be counted in a minyan for prayer.
The Shulchan Aruch (Orach Chayim 55:4), rules that a minor may not be included in a minyan for prayer. The Ramah adds that under extraordinary circumstances, a minor may be counted. There are opinions that in such a case, the minor must be at least six years old, understand that prayer is service to God, and hold a chumash (Magen Avraham 55:5, Shulchan Aruch HaRav55:5).
free males - i.e., excluding a Canaanite slave. However, a Jewish slave (עבד עברי) may be counted as part of a minyan. Berachot 47b relates that once, Rabbi Eliezer entered the synagogue and finding only nine people there, freed his slave to complete the quorum of ten.
The leader of the congregation is [counted as] one of them. - Though there is no explicit source to this effect, a number of midrashim (e.g., VaYikra Rabbah 23:4) lead to this conclusion.
One of the communal rites listed in Megillah 23b which requires a minyan is ברכת אבלים - the blessing one utters to those in mourning. For the recitation of that blessing, the presence of ten men other than the mourner himself is required. (See Hilchot Eivel 13:1.) Perhaps the Rambam feels that this statement is necessary to clearly distinguish between the different requirements of a minyan for prayer and ברכת אבלים.
Even if some of them have already prayed and fulfilled their obligation, they can complete the [quorum of] ten - Though they do not pray together with the others, their presence in the room where the others pray can complete a minyan.
provided the majority of the ten have not prayed. -Soferim 10:7 states:
Our Sages in the West say [that Kaddish and barchu may be recited] even with seven. They explain their position [based on Judges 5:2]: "In the time of tumult in Israel when the people volunteered themselves, blessed be God." [The number of people correspond] to the number of words [in the verse which describes the blessing of God].
There are those who say only six [are required], since ברכו is the sixth word [of the above verse].
There are those who say only six [are required], since ברכו is the sixth word [of the above verse].
The Rambam differentiates between the ruling regarding prayer and his statements in Hilchot Berachot 5:8 where he writes that it is necessary that seven people out of ten eat bread in order to constitute a minyan for zimmun, for "a noticeable majority" is required.
There are two views quoted in the name of Rabbenu Tam (Tosafot, Megillah23b); one, requiring a minimum of seven people who have not prayed for aminyan just as seven who have eaten bread are required for a minyan in regard to grace after meals and, another, requiring, only five. However, the Rambam's opinion is universally accepted as halachah.
Similarly, we should not recite Kedushah, - See Chapter 7, Halachah 17.
In the chazan's repetition of the Shemoneh Esreh, it is customary to recite three verses in the Kedushah:
a) "Holy, Holy, Holy, is the Lord of Hosts; the entire earth is full of His glory" (Isaiah 6:3);
b) "Blessed be the glory of God from His place" (Ezekiel 3:12);
c) "The Lord shall reign forever, your God, O Zion, throughout all generations" (Psalms 146:10).
a) "Holy, Holy, Holy, is the Lord of Hosts; the entire earth is full of His glory" (Isaiah 6:3);
b) "Blessed be the glory of God from His place" (Ezekiel 3:12);
c) "The Lord shall reign forever, your God, O Zion, throughout all generations" (Psalms 146:10).
Only the first two of these verses are recited in the Kedushah of the blessings before the Shema. However, in theKedushah recited at the end of the service, a verse similar to Psalms 146:10 is also included.
The commentaries debate the definition of Kedushah and therefore, question which passage the Rambam requires to be omitted when one prays alone. The Rambam's statements in Chapter 9, Halachah 5, appear to define Kedushah as only the first of these three verses.
read the Torah with its blessings - i.e., the reading of the Torah as part of the prayer service. Reading from a Torah scroll for the purposes of study does not require a quorum.
before and after it, - See Chapter 12, Halachah 3.
or read the haftarah from the Prophets except in [a quorum of] ten. - The Mishnah (Megillah 23b) equates the reading of the haftarah with other "holy matters" that require a minyan.
Commentary Halacha 5
Similarly, one [person] should not recite the blessings - Even though the published text of the Mishneh Torah uses the singular term, "blessing," as will be explained, the plural is more appropriate. The authoritative Oxford and Yemenite manuscripts of the Mishneh Torah also use the plural.
associated with the Shema while the others listen and answer "Amen" except [in the presence of a quorum of] ten. This is called poreis al Shema. - This law is also based on the mishnah in Megillah 23b. Commenting on that mishnah, the Rambam defines פריסה as "presentation," i.e., the public reading of the blessings before the Shema. If people want to fulfill their obligation to recite the blessings associated with the Shema by answering "Amen" to the chazan's blessings instead of reciting those blessings themselves, a quorum of ten is required. See also Chapter 9, Halachah 1.
[Rabbenu Yonah supports this definition of פריסה based on the Targum Yonaton of I Samuel 9:13.]
Rashi, the Ra'avad, and others (See Shulchan Aruch, Orach Chayim 69:1) define פריסה as "dividing in half." They explain the ceremony of poreis al Shemato refer to a situation where ten individuals who have already recited their prayers come together. One individual acts as a chazan and recites Kaddish, Barchu, and the first of the blessings before the Shema.
One only recites Kaddish - Kaddish is recited to mark different stages in the prayer service, after public study, and in memory of the departed.
Note also the brief remarks the Rambam makes concerning this prayer in his Order of Prayers for the Entire Year.
with ten. - Soferim 10:7 also considers Kaddish as a "holy matter" which requires a minyan.
The priests do not bless the people - literally, "raise their hands," for the priestly blessing is recited with raised hands. See Leviticus 9:22 and Chapter 14, Halachah 3.
except [in the presence of a quorum of] ten. The priests [themselves] may be considered part of the quorum. - See Chapter 15, Halachah 9.
[Ten are required] because - These prayers and rituals are considered "holy matters" which require a congregation (as mentioned in the following halachah) and...
every [group of] ten Jews is called a congregation as [implied byNumbers 14:27]: "How long [must I suffer] this evil congregation." - This verse records God's complaint about the spies sent to collect information about Eretz Yisrael (Numbers, Chapters 14 and 15). Twelve spies were sent.
They - The spies whom God condemned for trying to persuade the Jews that it was impossible to conquer Eretz Yisrael
were ten, for Joshua and Calev - though also sent on the mission
were not included [among them]. - and, in fact, resisted these attempts, calling for the Jews to enter the land as God had commanded.
Commentary Halacha 6
Any holy matter - e.g., the prayers and rituals mentioned in Halachot 4 and 5.
may only [be performed] in a congregation - i.e., a quorum of ten (see the previous halachah).
of Jews, as [Leviticus 22:32] states: "And I shall be sanctified among the children of Israel" - Megillah 23b explains as follows: Leviticus 22:32 states, "And I shall be sanctified among the children of Israel." A גזרה שוה (an analogy based on the use of common words) is made between this verse and Numbers 16:21, "Separate yourselves from among this congregation" and a second גזרה שוה between the latter verse and the verse, Numbers 14:27, quoted in the previous halachah. Extending our use of the principle of גזרה שוה, we conclude that just as in regard to the spies, a congregation meant a minimum of ten people, the same applies in regards to all situations in which God is "sanctified."
Regarding all these matters, if they were begun with ten [people] and some leave - the place of prayer
even though they are not permitted to - The Jerusalem Talmud (Megillah4:4) states that Isaiah 1:28, "And those that forsake God will be consumed" applies to those that leave in the middle of communal prayer when less than ten men remain. If more than ten are left, although leaving is undesirable, there is no prohibition.
the remainder - of those left in the minyan. A minimum of six people is, nevertheless, required (Shulchan Aruch, Orach Chayim 55:2).
should conclude [the holy matter]. - In one of his responsa, the Rambam writes that if a congregation began the first blessing before Kri'at Shema with ten people and then some left, leaving less than a minyan, the congregation may continue and recite the Kedushah in that blessing (see Chapter 7, Halachah 17). The chazan may also repeat the Shemoneh Esreh out loud including Kedushah, but he should not recite the Kaddish after Shemoneh Esreh, since it is not part of the "holy matter" started while the minyan was present.
The Shulchan Aruch (Orach Chayim 55:2-3) rules that, in such an instance, though the blessings of Kri'at Shema may be recited without deviating from the normal practice, the Shemoneh Esreh with Kedushah should not be recited. If the repetition of the Shemoneh Esreh was begun with ten, it may be completed including its Kedushah.
The Ramah (ibid.) adds that, in such a case, one even recites Kaddish after ובא לציון גואל since the Kaddish refers to Shemoneh Esreh.
Commentary Halacha 7
All [ten members of a congregation] and the leader of the congregation must be in one place. - This principle is the basis for the particular laws which follow.
[The following rules apply when] a small courtyard opens up in its entirety into a large courtyard: - This situation is described by the Mishnah,Eruvin 92a. The laws that follow in this and the following halachah are discussed by the Talmud immediately thereafter.
In his Commentary on the Mishnah, the Rambam explains that the small courtyard has only three walls. The fourth side opens into the larger courtyard. The large courtyard has three full sides, with the fourth side consisting of two short walls on each side of the opening into the small one. The accompanying diagram is based on a diagram drawn by the Rambam (accompanying his Commentary on the Mishnah) to depict this situation.
micha, drawing
micha, drawing
If there are nine [people] in the large one and one in the small one, - since the majority of the people are in the larger courtyard and the smaller courtyard opens up to the larger one in its entirety
they may be considered as a - single
group - located in the larger courtyard.
[to form a quorum of ten]. - The same law would apply if four people were in the smaller courtyard.
If there are nine [people] in the small one and one in the large one, - Since the majority is in the smaller courtyard
they are not considered as a - single
group - located in the smaller courtyard because the walls of the larger courtyard separate it from the smaller one.
If a congregation is in the large one, but the leader of the congregation is in the small one, - he, like the individual(s) mentioned above, is considered part of the group in the larger courtyard. Hence,
they - the congregation, can
fulfill their obligation - by listening to his prayers and answering "Amen" as stated in Halachah 9.
If the congregation is in the small one, but the leader of the congregation is in the large one, - he, like the individual(s) mentioned above, is not considered part of the group in the smaller courtyard. Hence,
they do not fulfill their obligation - by listening to his prayers
since he is separate from them and not with them in one place.
[The motivating principle - i.e., the reason why individuals in the smaller courtyard can be considered as part of a group located in the larger courtyard, but individuals in the larger courtyard cannot be considered as part of a group located in the smaller courtyard,
is] that the walls on each side of the large courtyard separate it from the small one. [However], the smaller one is not separated from the large one, but rather, is considered as its corner. - It follows that if the smaller courtyard has walls on the side that opens to the larger courtyard, the above laws do not apply. By the same token, a person(s) standing in the courtyard of a synagogue or in an adjoining room cannot be considered as part of a minyan.
Nevertheless, the Shulchan Aruch (Orach Chayim 55:14) qualifies this restriction and states that if the person in the outer room can see - and be seen by - the people in the main room, he may be counted together with them. Even if he is merely peering through a window, he is considered as part of that group.
The Shulchan Aruch 55:20 also mentions that even when the people in adjoining rooms cannot see each other, those in the outer room may respond to Kaddish and Kedushah. The rabbis differed as to whether a person praying in a separate room next to the room where a minyan is praying may be considered to have participated in communal prayer or not (See Mishnah Berurah 55:58).
Commentary Halacha 8
Similarly, if there were feces in the larger [courtyard], it is forbidden to pray - as stated in Chapter 4, Halachot 8-9,
or recite the Shema - as stated in Hilchot Kri'at Shema 3:6-15, in the larger courtyard or
[even] in the smaller one - for it is considered as part of the larger courtyard. Thus, one is considered as praying in a place which contains feces.
If there were feces in the smaller one, - The recitation of any holy matter is forbidden in the smaller courtyard. Nevertheless, because the larger courtyard is considered a separate place
it is permissible to pray and recite the Shema in the larger one - even if the feces are visible; see Hilchot Kri'at Shema 3:10.
provided there is not a foul odor - in which case it would be forbidden. SeeHilchot Kri'at Shema 3:10.
since [the larger courtyard] is set apart - by its walls
from [the feces].
Commentary Halacha 9
In the opening halachot of this chapter, the Rambam explains that communal prayer has advantages over the prayer of individuals. In this halachah, he adds that there is another advantage to communal prayer:
The leader of the congregation can fulfill the obligation [of prayer] on behalf of the congregation. What is implied? When he - the leader of the congregation, the chazan
prays - recites the Shemoneh Esreh (and according to the Rambam - see Halachah 5 - the blessings before the Shema) aloud
and they listen - while standing in the posture for prayer
and respond "Amen" after each and every blessing, it is considered as if they prayed [themselves]. - If one desires to fulfill his obligation with thechazan's prayer, he should answer "Amen," but he should not answer Baruch Hu, uvaruch shemo after the mention of God's name.
To whom does this apply? To one who does not know how to pray. - This follows the opinion of the Sages in the difference of opinion between them and Rabban Gamliel (Rosh HaShanah 33b, 34b) as explained in Halachah 2.
However, one who does know how to pray, only fulfills his obligation by praying himself. - Since the essence of prayer is the request for Divine Mercy, it is fitting that each person request for himself (Tosafot Yom Tov, Rosh HaShanah).
See also the opening halachot of Chapter 9 which deal with the practical application of the concepts mentioned in this halachah.
Commentary Halacha 10
When does the above apply? Throughout the entire year with the exception of Rosh HaShanah, and Yom Kippur of the Jubilee year -specifically, in contrast to the yearly Yom Kippur services.
Even on Sabbaths and festivals when the prayers differ from those recited every day, a person who knows how to pray is expected to pray alone. However, note one of the Rambam's responsa which states that, on Sabbaths and festivals, rather than begin with silent prayer, the chazan should begin by reciting the Shemoneh Esreh out loud together with Kedushah. Those who do not know how to pray should listen to his prayers with the intention of fulfilling their obligation. Those who know how to pray should recite their prayers, word by word, together with the chazan.
On these two - Though we celebrate Rosh HaShanah as two days by Rabbinic decree, the Torah itself requires only one day to be celebrated.
days, - All the Rabbis agree that although the halachah follows the Sages throughout the entire year, on these two days, an exception is made and Rabban Gamliel's opinion prevails.
the leader of the congregation can fulfill the obligation [of prayer] - In particular, this refers only to the musaf prayer.
on behalf of those who know [how to pray] just as he can fulfill the obligation [of prayer] on behalf of those who do not know [how to pray] -This leniency is granted
because [the Shemoneh Esreh recited on these days contains] long blessings - See Chapter 2, Halachah 6, and in greater detail, Hilchot Shofar3:8-9. There, the Rambam explains that, on these days, one is required to recite three extra blessings:
Malchuyut - which expresses the theme of God's sovereignty,
Zichronot - which describes God's remembrance of His love for the Jews, and
Shofrot - which praises the shofar as a means of manifesting the previous two concepts.
Malchuyut - which expresses the theme of God's sovereignty,
Zichronot - which describes God's remembrance of His love for the Jews, and
Shofrot - which praises the shofar as a means of manifesting the previous two concepts.
Each of these three blessings includes the recitation of ten verses that express these themes: four from the Torah, three from the prophets, and three from Psalms.
In Chapter 2, Halachah 8, the Rambam writes that on Yom Kippur of the Jubilee year, one recites exactly the same blessings as on Rosh HaShanah.
and most people do not know them [to the extent] that they can have the same intention as the leader of the congregation. - Here, the Rambam does not appear to interpret "intention" as referring to the chazan'sconcentration and spiritual awareness, but simply, to his familiarity with the text of the blessings.
Therefore, on these two days, even a person who knows [how to pray] is granted permission to rely on the prayers of the leader of the congregation to fulfill his obligation [of prayer] if he so desires. - Though in principle, this ruling is accepted by all authorities, in practice, Ashkenazic Rabbis have advised each person to pray individually even on Rosh HaShanah since, at present, the use of machzorim which include a full text of the blessings is widespread. Furthermore, the inclusion of piyyutim (liturgical poems) in thechazan's repetition of the Shemoneh Esreh makes it very difficult to fulfill one's obligation by listening to his prayer and reciting "Amen." See Shulchan Aruch HaRav 591:1-4.
Commentary Halacha 11
Only a person of great stature within the community in both wisdom -Torah knowledge
and deed - performance of the mitzvot; alternatively, deeds of kindness, so that his appointment will be appreciated by all members of the community.
should be appointed - The Lechem Mishneh mentions that this applies only to the appointment of a permanent chazan and does not apply to someone who leads the congregation in prayer on occasion. The Shulchan Aruch (Orach Chayim 53:6) mentions this in regard to a chazan having a full beard.
as the leader of the congregation. - Ta'anit 16a interprets Jeremiah 12:8: "She raises his voice against Me, therefore, I (God) have hated her" as a reference to a chazan who is unfit for this responsibility.
Most of the commentaries point to the mishnah (Ta'anit 2:2) as the source for the Rambam's statements. Though that mishnah deals with the appointment of the leader of communal prayer for a public fast, there is no reason to assume that the same principles should not apply to the appointment of a chazan at other times. In the Talmud (e.g., Rosh HaShanah 32a), we find many examples of leading Sages serving as chazanim.
If he is an older man, - Though the Hebrew, זקן, is often used to connote a wise man (See Hilchot Talmud Torah 6:1), this translation has been chosen based on the later statements of this halachah.
it is very praiseworthy. An effort should be made - i.e. it is desirable, but not an absolute requirement.
to appoint as the leader of the congregation, someone who has a pleasant voice - so that listening to his prayers will be enjoyable.
Throughout the generations, in their responsa, our Rabbis have chided the people for putting a pleasant voice at the top of their priorities for a chazan. [Note the Ramah (Orach Chayim 53:5) who states that it is preferable to appoint a boy of thirteen who understands his prayers as chazan rather than an older man with a pleasant voice who does not know what he is saying. See alsoShulchan Aruch (ibid., 53:11).]
In particular, this applies regarding the High Holiday services. These days of sincere prayer should not be turned into concerts of ritual music. Instead, attempts should be made to find a chazan who can truly serve as a spiritual leader. If he also has a pleasant voice, it is obviously more desirable.
and is familiar with reading [Biblical verses] - so that he will not err in his recitation of the prayers.
A person who does not have a full beard - The Rabbis have explained that this simply refers to a person of intermediate age. Therefore, in one of his responsa, the Rambam states that a person who is physically incapable of growing a beard may serve as chazan and the requirement of a beard is only mentioned as a sign of "a full state of knowledge which one [usually] reaches at the age when one's beard begins to grow." See also Shulchan Aruch (ibid.53:8).
However, a beard is also considered a sign of commitment to Jewish practice. The Rambam (Hilchot Avodat Kochavim 12:7) associates shaving with the practices of gentile priests. Many Rabbis have strongly encouraged growing a beard even when there is no question of violating the prohibition against shaving. (See Sefer Mitzvot Gadol 7, Shibolei Leket Vol. II, 41.)
However, in communities where removing one's facial hair in a permitted manner is an accepted practice, the lack of a beard is not considered as a deterrent against a person serving as a chazan.
should not be appointed as the leader of the congregation even if he be a wise man of great stature, as a gesture of respect to the congregation. -The Shulchan Aruch (ibid.:6) states that this only refers to the appointment of a permanent chazan. However, Rabbenu Nissim interprets the Rambam's words as meaning that even on occasion, a youth should not serve as a chazan. See also Chapter 15, Halachah 4.
However, he may recite the Shema publicly - haporeis al Shema as described in Halachah 5. See Megillah 24a.
after he has reached the age of thirteen and manifested signs of physical maturity. - until then, he is a minor and incapable of fulfilling the obligation of prayer on behalf of an adult.
Commentary Halacha 12
Similarly, the inarticulate who pronounce an alef as an ayin or an ayin as an alef - Megillah 24b relates that a chazan should not be appointed from Beit Shean or Haifa, since they mispronounce these letters. Rashi explains that such mispronunciations will cause blessings to be read as curses. For example, if the word, יאר, the first word of the second priestly blessing, פניו אליך ‘ה יאר, is read with an ע instead of an א, it becomes a curse.
or one who cannot articulate the letters in the proper manner should not be appointed as the leader of a congregation. - For many Jews today, this halachah is rather difficult to observe since we do not differentiate between the pronunciation of an alef and an ayin or a sin and a samech. The Radbaz and the Pri Chadash write that if these pronunciation errors are commonplace, even someone who pronounces a chet as a hay or a shin as a sin may serve as achazan. See Shulchan Aruch HaRav 53:16, Mishnah Berurah 53:37-38.
The Mishnah Berurah also cites Chapter 15, Halachah 1, from which it appears that a person who stutters, lisps, or has another speech defect which prevents him from pronouncing the letters properly should not serve as a chazan.
A teacher may appoint one of his students to lead the prayers in his presence. - even if the student lacks the above qualities (Kessef Mishneh). Though the previous halachah stated that the leader of the congregation should be the man of the greatest stature in the community, the mishnah (Megillah, ibid.) and similarly, several sources throughout the Talmud (See Berachot 33b) indicate that a teacher could appoint a student to serve as a chazan instead of doing so himself.
The Or Sameach explains that this refers to a student who does not articulate the letters properly. Though such a person should not ordinarily serve as achazan, if he is appointed by his teacher he may. Thus, we find that Rabbi Yehudah HaNasi appointed Rabbi Chiya as a chazan (Bava Metzia 85b) even though he would pronounce a chet as a hay (Megillah 24b).
A blind person may recite the Shema publicly - even though the first blessing before the Shema thanks God for creating light, a blind person also benefits from light (Megillah ibid.).
and serve as the leader of a congregation. - Perhaps the Rambam thought it necessary to clarify this point because there was a difference of opinion among the Sages as to whether a blind person is obligated in all the mitzvot or not. The Sages concluded that he is obligated. Hence, he can also fulfill the obligations of others as the leader of the congregation.
A person whose shoulders are uncovered - though he may recite theShema publicly - may not serve as the leader of the congregation until he is covered by a cloak. - Soferim 14:15 understands this as a gesture of respect for the congregation. See also Rosh HaShanah 17b which states that when God taught Moses the thirteen attributes of mercy, "He robed himself as achazan."
This does not necessarily refer to wearing a tallit gadol, but rather to a cloak or jacket that covers his shoulders and arms (Shulchan Aruch, Orach Chayim53:13). However, in many communities, it is customary for a chazan to wear atallit as a token of respect for the community.
Ishut - Chapter Two
Halacha 1
From the day of a girl's birth until she becomes twelve years old, she is called ak'tanah (minor) and/or a tinoket (baby). Even if several [pubic] hairs grow [on her body] during this time, they are [not significant according to Jewish law and are] considered to be merely hairs growing from a mole. If, however, two hairs grow in the pubic area after she becomes twelve years old [her status changes, and] she is considered a na'arah (maiden).
Halacha 2
Growing two pubic hairs at this age is referred to as the lower sign [of physical maturity]. Once a girl manifests this sign [of physical maturity], she is referred to as a maiden for six months. From the last day of these six months and onward, she is referred to as a bogeret (mature woman). The difference between the stages of maidenhood and maturity is only six months.
Halacha 3
From the time a girl reaches the age of twelve years and one day1 until the age of twenty, if she does not grow two pubic hairs, she is still considered to be a child, even if she manifests the physical signs of barrenness.
If [during this period], she grows two pubic hairs, even if [this occurs] in her twentieth year, she is considered to be a maiden for six months. Only afterwards is she be considered to be a mature woman.
Halacha 4
Should a woman be less than thirty days below the age of twenty, not have grown two pubic hairs, and have manifested [all] the physical signs of barrenness,2 she is deemed an aylonit (a barren woman).
If she does not manifest all the sign of barrenness, she is still considered to be a child until she grows two pubic hairs or until she reaches the age of 35 years and one day.
Halacha 5
Should a woman reach this age without growing two pubic hairs, she is deemed barren even though she does not manifest physical signs of barrenness. A barren woman does not [go through the six-month] period of maidenhood. Instead, directly after having been considered a child, she is considered to be a mature woman.
Halacha 6
The following are the physical signs of barrenness: a) she lacks [protruding] breasts; b) she stiffens during sexual relations; c) her lower abdomen does not resemble a woman's, d) her voice is deep and cannot be differentiated from that of a man.
All three, a maiden, a mature woman and a barren woman, are referred to by the term gedolah [adult woman]. [Unlike children, they are held responsible for their conduct.]
Halacha 7
[In addition to growing pubic hairs,] a woman has signs of physical maturity that are manifest in her upper body. They are referred to as "upper signs." Among them are:
a) when the woman stretches her hand backward, a crease forms in the place of her breast; b) the color of the tip of the breast becomes darker; c) when a person places his hand on the end of the breast and it remains depressed slightly before rising; d) creases form at the end of the breast, and a nipple takes shape; my teachers taught that the formation of creases is sufficient; e) the breasts protrude; f) they become erect; g) the mound of Venus forms above the woman's genitals, below her stomach; h) the flesh of this mound becomes soft and not hard. These are eight signs.
Halacha 8
If one or even all of these signs of maturity appear in a woman before she becomes twelve years of age, no attention is paid to it. When she becomes twelve years old and one day, and she manifests the lower sign of physical maturity, no attention is paid to [the presence or lack of] these [upper] signs of physical maturity [and she is considered to be a maiden].
If she does not manifest the lower sign of physical maturity, but she does manifest one of these [upper] signs, there is doubt whether she should be considered a child or a maiden, and the more stringent perspective is followed [with regard to all halachic questions] concerning her. If she manifests all these [upper] signs, she is definitely considered to be an adult. For it is impossible for her to manifest all these signs [and yet not have had two pubic hairs grow]. We assume these hairs have grown, but they have dropped off.
Halacha 9
When a woman gives birth after reaching the age of twelve years, she is deemed an adult, even though she did not manifest either upper or lower signs of maturity. [Giving birth to] children is a sign of maturity.
Halacha 10
A male, from birth until the age of thirteen, is called a katan (minor) and/or atinok (baby). Even if several [pubic] hairs grow [on his body] during this time, they are [not significant according to Jewish law] and are considered to be merely hairs growing from a mole. If, however, two hairs grow in the pubic area after he attains the age of thirteen years and one day, [his status changes, and] he is considered a gadol (adult male) and/or an ish (man).
Halacha 11
Should a child reach this age without growing two pubic hairs, he is still considered a minor until he reaches the age of twenty years less thirty days, even though he manifests signs of impotency. Should he reach the age [of twenty years less thirty days] and not have grown either pubic hairs or hairs of the beard [the following rules apply]. If he manifests one of the physical signs of impotency, he is considered impotent (a saris), and he is considered to be an adult with regard to all matters.
If he does not manifest any of the signs of impotency, he is still considered to be a minor until he grows two pubic hairs or until he reaches the age of thirty five years and one day.
Halacha 12
If he reaches this age, he is considered impotent, although he did not manifest any of the signs of impotency. If he reached the age of twenty years less thirty days without growing two pubic hairs, but did grow two hairs on his beard, he is not considered to be impotent, even if he manifests one sign of impotency, until he either manifests all the signs of impotency or reaches the age of thirty five years and one day.
Halacha 13
These are the signs of impotency: a) One lacks a beard, b) his hair grows inadequately, c) his flesh is hairless, d) his urine does not produce vapor, e) his urine does not flow in an arc, f) his semen is off color, g) his urine does not ferment, h) when he washes in the winter, his flesh does not produce steam, and i) his voice is high pitched and cannot be differentiated from that of a woman.
Halacha 14
An impotent person of this type is referred to as a s'ris chamah [one who became impotent because of fever].3 When, however, the genitals of a male have been cut, severed or crushed, as the gentiles do, the person is called as'ris adam [one who became impotent as a result of human activity]. When such a person reaches the age of thirteen and one day, he is considered to be an adult, for he will never manifest signs of maturity.
Halacha 15
When a male reaches the age of thirteen and one day and does not grow any pubic hairs, but manifests the upper signs of physical maturity,4 doubt exists whether he is considered to be an adult or a minor. If, however, his pubic area was not inspected, but he manifests signs of physical maturity in his upper body, he is presumed to be an adult.
Halacha 16
Whenever the term "two pubic hairs" is mentioned with regard to a male or a female, the intent is that the hairs are long enough to be bent in half, with their point touching their base. If they grow to the extent that they can be cut by scissors, but are not [long enough] that they can be bent in half with their point touching their base, [there is doubt regarding the decision], and the more stringent ruling is always followed.
Therefore, when a boy's or girl's pubic hairs have grown to the point that they can be cut by scissors, the individual is considered to be an adult with regard to those matters concerning which the ruling would be more stringent if he or she were so classified. And with regard to those matters concerning which the ruling would be more stringent if he [or she] were classified as a minor, the individual is so classified because the pubic hairs are not long enough to be bent in half with their point touching their base.
Halacha 17
These two hairs must be located in the pubic area. The entire pubic area is appropriate for the signs to be located. There is no difference whether they are located in the upper area, the lower area or on the sexual organ itself.
The two hairs must be located in a single place, and there must be a follicle at their base. If both of them stem from the same follicle, it is acceptable. If two follicles are located next to each other without hairs growing from them, they are, nevertheless, considered a sign. We follow the presumption that a follicle will not exist without hair. [Surely,] there were hairs [that grew from the follicle], and they fell.
Halacha 18
As we have explained, when a girl grows two pubic hairs before she is twelve, or a boy grows two pubic hairs before he is thirteen, they are considered to be merely hairs growing from a mole. Even if these hairs remain in their place after the boy reaches the age of thirteen, or the girl reaches the age of twelve, they are not considered signs of physical maturity.
Halacha 19
When does the above apply? When the child was inspected [before attaining the age of majority], and the hairs were deemed to be hairs growing from a mole. If, however, no such inspection was made until they reached the age of majority, and afterwards an inspection was made and two hairs were discovered, they are considered acceptable signs of physical maturity. We do not say that perhaps the hairs grew before the child reached majority, and they are merely hairs growing from a mole.
Halacha 20
Whenever a girl is inspected for [signs of physical maturity] - whether during her twelfth year, after she became twelve or when she is older - the inspection is carried out by trustworthy, ethical women. Even when an inspection has been conducted by one woman, her word is accepted with regard to whether or not [the girl has manifested signs of physical maturity].5
Halacha 21
Whenever the term "years" is mentioned with regard to [the age of] a male or a female, endowment evaluations,6 or any other matter, the intent is not lunar years, nor solar years, but rather the years as reckoned by the Jewish court to [juxtapose the solar and lunar calendars], whether ordinary years or leap years, as established by the [Jewish] court, as explained in Hilchot Kiddush HaChodesh. This is the intent whenever the subject of years is mentioned with regard to religious matters.
Halacha 22
We do not rely on the testimony of women regarding a child's age, nor on that of relatives. Instead, the matter is determined by the testimony of two men who are fit to testify in court.
Halacha 23
When a father says, "My son is nine years and one day old," or "My daughter is three years and one day old,"7 his word is accepted with regard to the obligation of bringing a sacrifice [if sexual relations were carried out without knowledge of the sin involved], but not with regard to administering stripes [for rebellion] or other punishments.
If the father says, "My son is thirteen years and one day old," or "My daughter is twelve years and one day old," his word is accepted with regard to vows, endowment evaluations, property forsworn [and transferred to the priests],8 or the consecration of property, but not with regard to administering lashes or other punishments.
Halacha 24
A person who possesses both a male sexual organ and a female sexual organ is called an androgynous. There is doubt whether such a person should be classified as a male or as a female; there is no physical sign that can ever enable such a distinction to be made.
Halacha 25
A person who possesses neither a male sexual organ nor a female sexual organ, but instead, his genital area is a solid mass, is called a tumtum. There is also doubt with regard [to this person's status]. If an operation is carried out and a male [organ is revealed], he is definitely considered to be a male. If a female [organ is revealed], she is definitely considered to be a female.
When a tumtum or an androgynous reaches the age of twelve years and one day, they are assumed to be adults.9 Whenever these terms are mentioned, the intent is individuals of this age.
Halacha 26
Whenever the terms cheresh and chereshet are used, they refer to a male or female deaf mute, respectively. If, however, a person can speak but cannot hear, or can hear but cannot speak, he is considered to be an ordinary person.10 A male or a female who is intellectually competent, being neither a deaf mute nor emotionally disturbed, is referred to as a pike'ach or a pikachat, respectively.
Halacha 27
We have thus defined twenty terms in these two chapters: kiddushin, ervah, sh'niyah, issurei lavin, issurei aseh, k'tanah, na'arah, bogeret, aylonit, gedolah,lower sign of maturity, upper sign of maturity, katan, s'ris chamah, s'ris adam, gadol, androgynous, tumtum, chershim, pik'chim. Keep these terms in mind at all times; do not forget their meaning, so that their intent will not have to be explained whenever they are mentioned.
| FOOTNOTES | |
| 1. |
The intent in this halachah, and similarly, whenever the term "...years old and one day" is mentioned, is not that an additional day must pass after the woman's twelfth birthday. Rather, the intent is that she has completed twelve complete years of life and begun the following day.
|
| 2. |
The Tur (Even HaEzer) differs with the Rambam on two points: a) the girl need only be 19 and one month, not 19 and eleven months (Chapter 155) and b) that she need manifest only one, but not all signs of barrenness (Chapter 44, 172).
With regard to the first issue, the Shulchan Aruch appears to favor the Tur's view, although that of the Rambam is also mentioned. With regard to the second issue, the Shulchan Aruch appears to follow the Rambam's view, while the Ramah cites that of the Tur.
|
| 3. |
Our translation follows the interpretation of the Shulchan Aruch. Yevamot 80a interprets this as meaning, "one who never saw the light of the sun while fit."
|
| 4. |
I.e., he grows hairs of the beard and in his underarms; his voice changes; his hair grows adequately; and his flesh is not silky (Ma'aseh Rokeach).
|
| 5. |
Although the testimony of women is not generally accepted in court, an exception is made in this instance because of modesty. The Shulchan Aruch (Even HaEzer 155:15) quotes the Rambam's wording. Nevertheless, the Beit Shmuel 155:23 states that a woman's testimony can be accepted only with regard to making a more stringent ruling, but not a more lenient one.
|
| 6. |
See Leviticus, Chapter 27.
|
| 7. |
If a male is less than nine years old, or a female is less than three years old, they are not fit to engage in sexual relations. Even if they do, in fact, engage in relations, these are of no halachic significance. Hence, if a boy above the age of nine engages in sexual relations with a married woman, the woman is liable. Similarly, if a man engaged in relations with a three-year old girl who was married, the man is liable.
|
| 8. |
See Leviticus, Chapter 27; Hilchot Arachin 6:1.
|
| 9. |
The Ra'avad objects to the Rambam's ruling, stating that it is necessary for these individuals to manifest physical signs of maturity before they are classified as adults. The Maggid Mishnehstates that it appears that the Rambam is saying that there is no need for these individuals to manifest such signs. Needless to say, at the age of twelve these individuals are not considered to be adults with regard to the mitzvot incumbent upon males.
|
| 10. |
Because a deaf mute's ability to communicate and respond is so limited, such a person is considered to be mentally incompetent and is not held responsible for his conduct, nor is he able to enter into a marriage contract, according to Scriptural law.
|
Ishut - Chapter Three
Halacha 1
How is the bond of kiddushin established with a woman? If the man [desires to establish] the kiddushin by [the transfer of] money, [he must give] a p'rutah, either in coin or its worth.
[Before giving it], he tells her, "You are consecrated unto me...," "You are betrothed to me...," or "You become my wife through this." He must give her [the money or the item] in the presence of witnesses.
It is the man who makes the statement that implies that he acquires the woman as his wife, and it is he who gives her the money.
Halacha 2
If she gave him [money] and told him: "Behold, I am consecrated to you," "Behold, I am betrothed to you," "I am your wife," or [she used] any other expression that implied acquisition, the marriage bond is not established. Similarly, if she gave [him money] and he made the statement, the marriage bond is not established.1 If he gave [her money] and she made the statement [the matter is unresolved,]2 and the status of the kiddushin is in doubt.3
Halacha 3
If the man establishes the marriage bond with [the transfer of] a legal document, [the following rules apply:] He should write on paper, on a shard, on a leaf or on any other article4 he desires: "You are consecrated unto me...," "You are betrothed to me...," or any similar expression. He must then give her the document in the presence of witnesses.5
Halacha 4
The document must be written for the sake of the woman who is being married, as must a bill of divorce,6 and it must be written with her consent.7 If it was not written for her sake, or if it was written for her sake, but was written without her consent, the marriage bond is not established. [This applies] even when he gives her [the document] with her consent in the presence of witnesses.
Halacha 5
If the man establishes the marriage bond through sexual relations, he should tell the woman, "You are consecrated unto me...," "You are betrothed to me...," or "You become my wife through these relations," or choose a similar statement. He must enter into privacy with her in the presence of witnesses and engage in relations.8
When a person establishes a marriage bond through sexual relations, one may assume that his intent is on the conclusion of the relations;9 when the relations are concluded, the marriage bond is established. Regardless of whether the couple engage in vaginal or anal intercourse, the marriage bond is established.
Halacha 6
The statements that the man makes when he consecrates [his wife] must imply that he acquires her as a wife, and not that he gives himself to her. What is implied?
Should he tell her, or write in the document he gives her: "I am your husband," "I am your betrothed," "I am your man," or the like, the marriage bond is not established at all. If he tells her or writes to her: "Behold, you are my wife," "Behold, you are my betrothed," "Behold, you are acquired by me," "Behold, you are mine," "Behold, you are my possession," "Behold, you are my designated one,"10 "Behold, you are within my property," "Behold, you are bound to me," or the like, the marriage bond is established.
Halacha 7
Should he tell her, or write to her: "You are set aside for me," "You are earmarked for me," "You are my helper," "You are my counterpart," "You are my rib," "You are closed off for me," "You are below me," "You are my captive," "You have been taken by me," [the matter is unresolved, and] the status of thekiddushin is in doubt.
The above applies only when the man was [previously] speaking to the woman about establishing a marriage bond. If he was not speaking to the woman about such a matter, these words are of no consequence.
Halacha 8
A man may consecrate a woman by making statements in any language that she understands, provided that, in that language, his statements mean that he is acquiring her, as explained.
If a man was speaking to a woman about consecrating her and she consented, and he immediately gave her [something] in her hand to consecrate her or engaged in sexual relations [with that intent], without [making a statement] clarifying [his purpose], it is sufficient. Since they were speaking about this matter, it is not necessary for him to be explicit.
Similarly, a man need not tell witnesses who observe kiddushin or divorce, "You are my witnesses."11 As long as he has divorced or consecrated a woman in their presence, she is consecrated or divorced.
Halacha 9
When a man tells a woman, "Become consecrated to my half," she is consecrated. To what can this be compared? To his saying, "May you become my wife, and also another woman." And so, she has only half a man.
If, however, he said: "Half of you is consecrated to me," she is not consecrated. For a woman cannot be consecrated to two men. Similarly, if he says, "Behold, you are consecrated to me and to him," the woman is not consecrated.
Halacha 10
If he told her: "Behold, half of you is consecrated to me with a p'rutah, and half of you [is consecrated to me with another] p'rutah," or if he told her: "Behold, half of you is consecrated to me with half a p'rutah, and your other half [is consecrated to me with another] half a p'rutah," she is consecrated.12
If he told her: "Behold, half of you is consecrated to me with a p'rutah today, and half of you [is consecrated to me with another] p'rutah tomorrow," or if he told her: "Your two halves are consecrated to me with a p'rutah,"13 "Your two daughters are consecrated to my two sons with this p'rutah," "Your daughter is consecrated to me, and your cow is sold to me with this p'rutah," or "Your daughter... and your land... with a p'rutah" - in all of these circumstances, [the matter is unresolved, and] the status of the kiddushin is in doubt.
Halacha 11
A father may consecrate his daughter without her knowledge while she is a minor. Even when she is a na'arah,14 he still possesses this right, as [implied byDeuteronomy 22:16]: "I gave my daughter to this man."
[The money received as] kiddushin belongs to her father. Similarly, he has the right to [any ownerless property] she finds, [the wages she receives for] her labor, and [the money she receives as stipulated in] her ketubah if she is divorced or widowed before the marriage bond is consummated. He is entitled to all these until she becomes a bogeret.
Therefore, a father is entitled to receive kiddushin on behalf of his daughter from the day she was born until she becomes a bogeret. Even if she is a deaf mute or intellectually incompetent, if her father consecrates her [to another man], she is his wife.
If a girl is older than three years and one day, she can be consecrated through sexual relations with her father's consent. Should she be below this age, if her father has her consecrated through sexual relations, the marriage bond is not established.15
Halacha 12
After a daughter becomes a bogeret, her father has no rights over her; she is like all other women, and she can be consecrated only with her own consent.
Similarly, if her father had her married, the marriage bond was consummated [nisu'in],16 and then she was widowed or divorced, [even] in her father's lifetime, she is considered to be independent, despite the fact that she is still a minor. Once a woman enters nisu'in, her father no longer has any authority over her.
Halacha 13
When a girl receives kiddushin without her father's knowledge before she reaches the age of majority, the marriage bond is not established.17 [This applies] even when the father consents subsequently.18 Moreover, if she is widowed or divorced after these kiddushin, she is not forbidden [to marry] a priest.19
Both she and her father can prevent [the marriage bonds from taking effect].20Regardless of whether she was consecrated in the presence of her father or not, she is not consecrated.
Halacha 14
[The following rules apply when] there is doubt whether or not the girl is abogeret: Whether her father consecrated her without her consent, or she consecrated herself without her father's consent, the status of the kiddushin is in doubt. Therefore, [to marry another man,] she must receive a get given because of the doubt.
A man may appoint an agent to consecrate a wife for him. [This applies] if he specifies a particular woman, or gives the agent the authority to consecrate any woman. Similarly, a woman past the age of majority21 may appoint an agent to receive kiddushin for her. [This applies] if she specifies [that they be given by] a particular man, or gives the agent the authority to receive them from any man. Similarly, a father may appoint an agent to accept the kiddushin of his daughter as long as she is under his authority.
A man may tell his daughter who is below the age of majority, "Go out and receive your kiddushin."22
Halacha 15
When an agent is appointed to receive kiddushin, he must be appointed in the presence of two witnesses.23 When, by contrast, a man appoints an agent to consecrate a woman, there is no need for the appointment to be made in the presence of witnesses. For the only purpose witnesses would serve with regard to the agency of the man is to make known the truth of the matter.24 Therefore, if the agent and the principal acknowledge the appointment, there is no need for witnesses, [as in parallel cases, such as] an agent appointed to bring a get25or an agent appointed to separate terumah.26
In all matters, a principal's agent is regarded as the principal himself, and there is no need to appoint witnesses.
Halacha 16
An agent may serve as a witness. Therefore, if a person appointed two men as agents to consecrate a woman, and they did so, they serve both as agents and as witnesses. Hence, there is no need for them to consecrate her in the presence of two other witnesses.27
Halacha 17
All are fit to serve as agents [in this capacity] except a deaf mute, a mentally incompetent individual and a minor - for they are not responsible - and a gentile, because he is not a member of the covenant. [The latter exclusion is based on Numbers 18:28, which] states: "And so shall you set aside, and you...." [This is interpreted as] including an agent. [Our Sages commented:] Just as you are members of the covenant, your agents must be members of the covenant, thus excluding a gentile.
A [Canaanite] servant, although he is acceptable as an agent with regard to financial matters, is not acceptable as an agent with regard to kiddushin andgittin, because the laws of marriage and divorce do not apply to him.
Halacha 18
An agent appointed by a man to consecrate a woman should tell her: "Behold, you are consecrated to so and so by virtue of this money" or "...by virtue of this legal document."
If an agent of the woman receives the kiddushin, the [man consecrating her] should tell [the agent]: "So and so who appointed you is consecrated to me," and the agent should reply, "I have consecrated her to you," "I have betrothed her to you," "I have given her to you as a wife," or the like.
Similarly, when a man consecrates a girl by [giving kiddushin to] her father, he should tell him, "Behold, your daughter so and so is consecrated to me," and the father should reply: "I have consecrated her to you." If the father or the agent says "yes," or even if he remains silent, it is sufficient. If they were discussing the matter, and the man gave the kiddushin to the father or to the agent without making any statement, it is sufficient, and the kiddushin are effective.
If the kiddushin are established by virtue of [the transfer of] a legal document, he must have the document written with the consent of the father or of the agent. In all matters pertaining to kiddushin, the same laws that apply to the man and the woman, apply when [the kiddushin are established by] the [man's] agent and [the woman's] agent or [her] father.
Halacha 19
It is a mitzvah for a man to consecrate his wife by himself, rather than to charge an agent [with this matter]. Similarly, it is a mitzvah for a woman to [receive]kiddushin herself rather than to charge an agent with receiving them for her.
Although a father has the option of consecrating his daughter to anyone he desires while she is a minor or while she is a maiden, it is not proper for him to act in this manner. Instead, our Sages enjoined that a person should not consecrate his daughter while she is a minor until she matures and says, "I would like [to marry] so and so."
Similarly, it is not proper for a man to consecrate a girl below the age of majority. Nor should one consecrate a woman until one sees her and deems her fitting, lest she not find favor in his eyes, and he divorce her, or sleep with her while hating her.
Halacha 20
Kiddushin established by virtue of sexual relations are effective according to Scriptural law. Similarly, kiddushin established by virtue [of the transfer] of a legal document are effective according to Scriptural law. Just as [the transfer of a legal document] concludes a divorce, as [Deuteronomy 24;1] states: "And he shall write her a scroll of divorce," so too, [the transfer of a legal document] concludes [the establishment of the marriage bond].
[The effectiveness of the transfer of] money stems from Scriptural law,28 but its interpretation is based on Rabbinic law. [Deuteronomy, ibid.,] states "When a man takes a wife," and our Sages29 explained: This [process of] acquisition involves [the transfer of] money, as implied by [Genesis 23:13]: "I have given the money for the field; take it from me."
Halacha 21
Although this is the essence of the principle, it has already become universal Jewish custom to consecrate [a marriage bond] through [the transfer of] money or objects that are worth money. If one desires to consecrate [a woman] by [giving her] a legal document, one may, but at the outset one should not consecrate [a woman] through sexual relations.
If a man consecrates [a woman] through sexual relations, he is given stripes for rebelliousness,30 so that the Jewish people will not extend beyond the limits of modesty in this manner. Nevertheless, the kiddushin are binding.
Halacha 22
Similarly, a man who consecrates a woman without establishing an engagement previously, or a man who consecrates a woman in the marketplace, is given stripes for rebelliousness, although his kiddushin are binding. [This was instituted] lest such a practice accustom people to licentious conduct and invite a comparison to a harlot, as existed before the giving of the Torah.
Halacha 23
Whenever a man consecrates a woman,31 whether by himself or via an agent, either he32 or his agent should recite a blessing before the consecration, as one recites a blessing before performing any of the mitzvot. [After reciting the blessing,] he should consecrate [the woman].
If he consecrates a woman without reciting a blessing, he should not recite the blessing afterwards. It would be a blessing in vain, for the activity has already been performed.33
Halacha 24
Which blessing is recited?
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His mitzvot and separated34 us from illicit relationships, who has forbidden the arusot to us, and permitted to us those who are married35 by [the rites of] chuppah andkiddushin. Blessed are You, God, who sanctifies Israel.
This is the blessing of erusin. The people have established the custom of reciting this blessing over wine or beer. If there is wine available, one should recite the blessing over the wine, recite the blessing of consecration afterwards, and then consecrate the woman.36 If there is no wine or beer available, one should recite [the blessing of consecration] by itself.
| FOOTNOTES | |
| 1. |
For it is the man's actions that must precipitate the inception of the marriage bond, as implied byDeuteronomy 24:1: "When a man takes a wife." Note, however, Chapter 5, Halachah 22, which mentions an exception to this principle.
|
| 2. |
Mishneh LaMelech offers two explanations of the doubt involved: a) We are unsure of his intent. Since he did not specify that he was giving the woman the money for the sake of kiddushin, it is possible that he gave her the money for another reason. This interpretation appears to be supported by the rulings of the Tur and the Shulchan Aruch (Even HaEzer 27:8) that in such a circumstance, the marriage bond is established if previously the man and the woman were speaking about getting married, or if the man confirmed the woman's statements. Halachah 8 appears to support this explanation.
b) The second view is that the doubt is one of principle: The Sages did not define whether the obligation that a man precipitate the marriage bond requires merely his giving money, or also making the statement. According to this conception, the doubt would remain even in the two situations mentioned by the Tur and the Shulchan Aruch.
|
| 3. |
I.e., the woman cannot marry another man until she receives a bill of divorce. Nevertheless, if another man engages in relations with her, he is not executed for adultery.
|
| 4. |
The man may not, however, write the document on a leaf attached to a tree, or any other item that must be severed, for this is unacceptable when writing a bill of divorce. (See the following halachah and notes.)
|
| 5. |
There is a difference of opinion among the Rabbis if it is necessary for the man to make a verbal statement of intent as well. (See Beit Shmuel 32:3.) The Or Sameach points to Halachah 18 as proof that a statement is required, but Kin'at Eliyahu notes that Halachah 7 appears to indicate that a verbal statement is unnecessary.
|
| 6. |
The acceptability of a legal document for the establishment of kiddushin from the association between marriage and divorce created by Deuteronomy 24:2: "When she leaves his household, she may go and become [married] to another man." Kiddushin 5a states that this verse indicates that just as she "leaves" through a bill of divorce, she can "become" through a bill of kiddushin. Hence, all the particulars that apply to a get (a bill of divorce) apply to a bill of kiddushin.
|
| 7. |
This requirement does not apply with regard to a bill of divorce and is a point of debate inKiddushin 9b. The opinion the Rambam cites maintains that since the woman is being acquired through this document, she must consent to its being written. Because of the debate in the Talmud, the Shulchan Aruch (Even HaEzer 32:1) differs with the Rambam and maintains that the matter is unresolved, the status of the kiddushin is in doubt, and [the stringencies required had] the marriage bond been established [must be followed].
|
| 8. |
Although the man must enter into privacy with the woman in the presence of witnesses, and must make the statement of intent in the presence of witnesses, the relations themselves should be private, as stated in Chapter 14, Halachah 16, and Hilchot Gerushin 10:18. It must be noted that this represents a change in the Rambam's thinking. In his Commentary on the Mishnah (Kiddushin1:1), he originally stated that the relations must also be observed by witnesses for the marriage bond to be established. Nevertheless, in the later texts of the Commentary on the Mishnah the Rambam amended the text according to the above conception.
|
| 9. |
The term "the conclusion of sexual relations" (g'mar bi'ah) in Hebrew is somewhat of a misnomer. It refers not to the man's withdrawal from the woman, nor to ejaculation, but to a far earlier stage: the insertion of the penis in its entirety into the vagina (Hilchot Issurei Bi'ah 1:10).
|
| 10. |
Leviticus 19:20 associates this term with establishing relations with a maid-servant, as explained in Chapter 4, Halachah 17. Therefore, there is doubt among the Rabbis if it can be used in establishing the marriage bond with an ordinary woman. Thus, the Shulchan Aruch (Even HaEzer27:3) states that if this expression is used the matter is unresolved, and the status of thekiddushin is in doubt.
|
| 11. |
With regard to the acknowledgement of a debt, such a statement is necessary. (See Hilchot To'en V'Nit'an 6:6-8, 7:1-2.)
|
| 12. |
The Ra'avad and similarly, the Shulchan Aruch (Even HaEzer 31:7) differ and maintain that the status of the kiddushin is in doubt. It is only with regard to stringencies that the kiddushin are considered to be valid.
|
| 13. |
This clause serves as the basis for the Ra'avad's objection to the Rambam's decisions above.
|
| 14. |
At which time, the girl has the right to accept kiddushin from a man herself.
|
| 15. |
For until the age of three, a woman is not considered to be fit for sexual relations.
|
| 16. |
This refers to the second stage of the marriage relationship, as explained in Chapter 11 onward.
|
| 17. |
This and the other laws in this halachah apply when a girl is either a k'tanah or a na'arah (has reached the age of twelve), but not a bogeret (twelve and a half).
|
| 18. |
Since the kiddushin were not effective at the time they were given, the father's subsequent consent is of no significance. This point is, however, disputed by some of the later authorities. (See Shulchan Aruch, Even HaEzer 37:11.)
|
| 19. |
No priest may marry a divorcee, nor may a High Priest marry a widow. Nevertheless, because these kiddushin are not effective, these prohibitions do not apply.
|
| 20. |
According to the Maharik (Responsum 30[32]), this applies when the kiddushin were given in her father's presence, but he remained silent. In both the Kessef Mishneh and the Shulchan Aruch(ibid.), Rav Yosef Karo differs and explains that according to the Rambam, the father must consent at the time of (or before) the kiddushin. If he desires to prevent the kiddushin at that time, he may. If he consents, the girl getting married can still prevent the kiddushin from taking place. For since her father charged her with this matter, even if he consented to the match it is dependent on her. (See also Chapter 22, Halachah 5, and Hilchot Terumot 8:16.)
|
| 21. |
A woman below the age of majority does not have the authority to appoint an agent.
|
| 22. |
Among the explanations that are given for why this is acceptable: a) If the father had said, "Give an animal food, and my daughter will be consecrated to you," the kiddushin would be binding. When he tells the daughter to receive kiddushin, it is as if he makes a statement that it is acceptable to him that the man who consecrates her gives her the money (Ra'avad, Ramban).
b) Although a minor may not normally serve as an agent, this instance is an exception. Since thekiddushin are being given for her benefit, the girl is entitled to act in this capacity (Rabbenu Asher). The Beit Shmuel 37:7 states that the Rambam subscribes to this view.
|
| 23. |
The rationale is that since the marriage bonds are established through the acceptance of thekiddushin, witnesses must be present to acknowledge the agent's appointment, for "no matters involving forbidden sexual relations [are established if] fewer than two witnesses are present (Yevamot 88a)."
The Ramah (Even HaEzer 35:3) quotes the opinion of Rabbenu Asher, who states that if all concerned acknowledge the appointment of the agent, the kiddushin are effective. He therefore rules that in such a situation, the woman needs to receive a get before she can marry another man.
|
| 24. |
The Rambam's statements are based on the comparison to an agent appointed to bring a woman a get. The Ra'avad objects to the comparison, because a get is a formal legal document, and possession of it serves to verify the person's agency. The Shulchan Aruch (ibid.) quotes both opinions, but appears to favor that of the Rambam.
|
| 25. |
Hilchot Gittin 6:4. This ruling itself is not accepted by all authorities, as noted in the Shulchan Aruch (Even HaEzer 141:13).
|
| 26. |
Hilchot Terumah 4:1.
|
| 27. |
As clarified by the Maggid Mishneh and the Shulchan Aruch (Even HaEzer 35:2), this ruling applies only when: a) the kiddushin are established by the transfer of a legal document worth less than a p'rutah, or b) the kiddushin are established by the transfer of money, and the woman admits receiving the money.
|
| 28. |
Our translation follows the Rambam's later emendations to the Mishneh Torah. The earlier version of the text states: "The effectiveness of [the transfer of] money stems from Rabbinic law." See the discussion of this concept in the notes on Chapter 1, Halachah 2.
|
| 29. |
Kiddushin 4b.
|
| 30. |
The punishment given for transgressing a Rabbinic decree.
|
| 31. |
Today, it is customary for the consecration to be made under the wedding canopy (chuppah), and the blessing is recited at this time.
|
| 32. |
The Rambam's wording implies that the blessing should be recited by the groom himself. At present, the current custom in both the Sephardic and Ashkenazic communities is to have the Rabbi conducting the marriage ceremony recite the blessing, lest a groom who does not know how to recite the blessing be embarrassed by his lack of knowledge. (See Hagahot Maimoniot.)
|
| 33. |
In Darchei Moshe (Even HaEzer 34), the Ramah states that one may recite the blessing afterwards as well. Nevertheless, in his gloss on the Shulchan Aruch, he does not make such a statement. The current custom in both the Sephardic and Ashkenazic communities is to recite the blessing before the kiddushin.
|
| 34. |
The Shulchan Aruch (Even HaEzer 34:1) states that the blessing should read: "and commanded us concerning," rather than "and separated us from." This is the common practice today.
|
| 35. |
The Beit Shmuel 34:3 and others state that the blessing should read "those who are married to us." This is the custom in many communities.
|
| 36. |
At present, the custom is for the officiating Rabbi to recite the blessing over the wine and then the blessing of consecration. He then has the groom and bride drink from the wine, and afterwards the groom consecrates the bride.
|
Ishut - Chapter Four
Halacha 1
A woman may be consecrated only voluntarily. If one forces a woman to be consecrated, she is not consecrated. When a man, by contrast, is forced to consecrate [a woman], she is consecrated.1
A man may consecrate many women at one time, provided that he does so by [transferring] money, and there is enough money to give each one a p'rutah. One of these [women] or another person may accept the money on behalf of them all, [provided] they consent.
Halacha 2
When a person [desires to] consecrate a woman, and with her consent gives the kiddushin to another woman, and tells the latter "And you as well," or uses another similar expression, they are both consecrated.2
When, however, the man places [the kiddushin] in the hand [of the second woman] and says, "And you," there is doubt whether or not the kiddushin are valid. Perhaps his intent was only to clarify her feelings. It was as if he asked her, "What would you say about this?" Therefore, she accepted the kiddushin, for she thought he was still asking her about her intent. For this reason, [the question is unresolved,] and the status of the kiddushin is in doubt.
Halacha 3
If he told her, "Become consecrated to me with this dinar," and she took it and threw it in front of him or to the sea, into a fire or into anything that will cause it to be destroyed, she is not consecrated.3
Halacha 4
[In the above instance, if] the woman told the man, "Place [the kiddushin] on [this] rock," she is not consecrated. If the rock belonged to her, she is consecrated. If the rock belonged to both of them, [the question is unresolved, and] the status of the kiddushin is in doubt.
If he told her, "Be consecrated to me with this loaf of bread," and she told him, "Give it to a poor person," she is not consecrated. [This applies] even if she supports the poor person in question.
[If she told him,] "Give it to a dog," she is not consecrated.6 If the dog belonged to her, she is consecrated. If [the dog] was chasing after her and she told him, "Give it to this dog," [the question is unresolved, and] the status of the kiddushinis in doubt.
Halacha 5
[The following laws apply when a man] was selling produce, utensils or the like, and a woman came and asked him: "Give me some of these." If he asked her, "If I give them to you, will you be consecrated to me?" and she said, "Yes," she is consecrated when he gives [the items] to her. If, however, she replied to him: "[Just] give them to me," "Heave them over," or another reply that means "Don't fool around with me regarding such matters, just give me [what I asked for]," she is not consecrated although he gave her [what she asked for].
A similar [decision is rendered] if [a man] was drinking wine and [a woman] asked him, "Give me a cup," and he asks her, "If I do, will you be consecrated to me with it?" If she replies, "[Just] let me drink," "Give me," "Serve me drink," or "Dish it out," she is not consecrated. Her words imply: "Just give me a drink, and don't fool around with me regarding such matters."
Halacha 6
When [a man] consecrates [a woman] in the presence of a single witness, hiskiddushin] are of no consequence. [This applies] even when both [the man and the woman] acknowledge [that the kiddushin were given].7 Surely this applies when [a man] consecrates [a woman] without any witnesses at all [observing the act].
When [a man] consecrates [a woman] in the presence of individuals who are disqualified from serving as witnesses by Scriptural law, she is not consecrated. [When he consecrates her in the presence of] individuals who are disqualified from serving as witnesses by Rabbinic law,8 or in the presence of witnesses regarding whom there is doubt whether or not they are acceptable according to Scriptural law, [the following rules apply:] If he desires to consummate the marriage, he should consecrate the woman again in the presence of acceptable witnesses. If he does not desire to consummate the marriage, the woman must receive a get from him [to enable her to marry others], because of the doubt.9[This ruling applies] even when the woman denies [the matter], contradicting the witnesses and saying that she was never consecrated.
This ruling applies with regard to all situations in which the status of thekiddushin is in doubt. If [the man] desires to consummate the marriage, he should consecrate the woman again in a manner that is unequivocally acceptable. If he does not desire to consummate the marriage, the woman must receive a get from him, because of the doubt.
Halacha 7
When a minor consecrates [a woman], his kiddushin are of no consequence. When, by contrast, a male past the age of majority consecrates a girl below the age of majority who is an orphan,10 or who has left her father's authority,11[different rules apply]: If she is below the age of six, even if she is one who shows deep understanding of secret matters,12 and can differentiate and discern, she is not married, and there is no need for mi'un.13
If she is more than ten years old, even when she is very foolish, since she willingly accepted the kiddushin, she is consecrated [according to Rabbinic law] and [must perform] mi'un [should she desire to nullify the marriage]. If she is between the ages of six and ten, [the rabbis] must evaluate her ability to discern. If she is able to differentiate and discern with regard to matters of marriage and kiddushin, [the marriage is binding according to Rabbinic law] andmi'un is necessary. If she lacks [this degree of discernment], she is not consecrated [at all], and need not perform mi'un [to nullify the marriage].
Halacha 8
What is meant by the statement that she is consecrated [according to Rabbinic law], and [must perform] mi'un [should she desire to nullify the marriage]? If she was consecrated but no longer desires to remain with her husband, she must perform mi'un in the presence of two witnesses. She should say: "I no longer desire him." Afterwards, she leaves [the relationship] without a divorce, as will be explained in Hilchot Gerushin.14
Why does she leave [the relationship] without a divorce? Because the consecration is not absolutely binding according to Scriptural law; it is merely a Rabbinic institution. [According to Scriptural law, the outcome] is tentative. If she continues living with her husband until she reaches the age of majority, thekiddushin are finalized, and she becomes a married woman in the complete sense of the term.15 There is no need for [her husband] to consecrate her again after she attains majority. If she does not want [to continue] living with him, she must perform mi'un; she then leaves [the relationship] without a divorce.
Halacha 9
When a male deaf mute marries a mentally competent woman, or a female deaf mute marries a mentally competent man, the marriage bond is not absolutely binding according to Scriptural law; it is merely a Rabbinic institution. Therefore, if a mentally competent man consecrates the wife of a deaf mute man who is herself mentally competent, she is considered to be consecrated to the mentally competent man. He must give her a get, and she is permitted to remain married to her deaf mute husband.16
When, by contrast, a mentally incompetent man consecrates a mentally competent woman, or a mentally competent man consecrates a mentally incompetent woman, the marriage bond is not at all binding - neither according to Scriptural law nor according to Rabbinic law.17
Halacha 10
When a sexually impotent male - whether a s'ris chamah or a s'ris adam - consecrates [a woman], and similarly, when [a man] consecrates an aylonit, thekiddushin are absolutely binding.18
Halacha 11
When a tumtum or an androgynous consecrates a woman, or when either of these individuals has been consecrated by a man, there is doubt whether thesekiddushin are binding, and because of the doubt, a get is required.19
Halacha 12
When a person consecrates one of the women forbidden as arayot, his act is of no consequence. For kiddushin are not binding with regard to these forbidden relationships, with the exception of [kiddushin given] a niddah. When a man consecrates a niddah, the kiddushin are binding absolutely. It is, nevertheless, improper to do so.20
Halacha 13
When a married woman accepts kiddushin from another man in the presence of her husband, she is considered to be consecrated to the second man. For a woman's word is accepted when she tells her husband to his face that he had divorced her. We assume it axiomatically that a woman would not act so brazenly in her husband's presence [unless it were true].21
If, however, the other person consecrates her outside her husband's presence, these kiddushin are not considered to be binding unless she brings proof that she was divorced before she was consecrated. As long as she is outside her husband's presence, it is possible that she will act brazenly.
Halacha 14
When a man consecrates one of the shniyot or a woman forbidden because of a negative commandment [not associated with karet] or because of a positive commandment, the kiddushin are binding absolutely. [The same ruling applies when] a yavam consecrates a woman who was married to the same man as hisyevamah.22
There is one exception to the above principle: when a person other than [theyavam] consecrates a yevamah, [the question is unresolved, and] the status of the kiddushin is in doubt. For our Sages were unsure whether the kiddushin of a yevamah are valid, like those of others in which the relationship is forbidden by merely a negative commandment, or whether the kiddushin are of no consequence, as in the case of an incestuous relationship.
In all the situations mentioned above, although the man who gave the kiddushinis forbidden to consummate the marriage, he must terminate it by giving a get.
Halacha 15
[When] a man consecrates a gentile woman or a [Canaanite] maidservant, thekiddushin are of no consequence; the woman's status is the same after receiving the kiddushin as beforehand. Similarly, when a gentile or a [Canaanite] servant consecrates a Jewish woman, the kiddushin are of no consequence.
When an apostate Jew consecrates [a woman], his kiddushin are absolutely valid, despite the fact that he willingly worships a false deity. The woman must receive a get from him.23
Halacha 16
When a man consecrates a woman who is half a maidservant and half a free woman,24 she is not completely consecrated until she becomes [totally] free. Once she becomes free, the kiddushin are [automatically] completed, like thekiddushin of a minor who comes of age. There is no need for her to be consecrated again.
If another man consecrates such a woman after she was granted her freedom [before the person who consecrated her originally consummates their marriage], there is doubt regarding the matter,25 and the status of both theirkiddushin is in doubt.
Halacha 17
What then is a shifchah charufah [a betrothed maidservant] as described by the Torah [Leviticus 19:20]? A woman who is half a maidservant and half a free woman, who was consecrated by a Hebrew servant.
When a male who is half a servant and half a free man consecrates a woman, [the matter is unresolved, and] the status of the kiddushin is in doubt.
Halacha 18
When a drunk gives [a woman] kiddushin, they are valid, even if he is very drunk. If he reaches a state of drunkenness comparable to that of Lot,26 thekiddushin are of no consequence. This matter requires ample deliberation.
Halacha 19
When a man gives money worth less than a p'rutah as kiddushin, the kiddushinare not valid. When a man consecrates a woman with food or with a utensil worth less than a p'rutah, the status of the kiddushin is in doubt; perhaps thekiddushin are worth a p'rutah in another place.
From this one can deduce that whenever a person consecrates a woman with an article worth money, if it is worth a p'rutah in that country the kiddushin are definitely binding. If it is not worth a p'rutah [there], the status of the kiddushin is in doubt [as above].27
It appears to me that if [a man] consecrated [a woman] with cooked food, a vegetable that will not be preserved or the like, and the item is not worth ap'rutah in that place, the kiddushin are not binding at all. For by the time this item reaches another place, it will spoil and be worthless. This is a reasonable inference; one may rely on it.
Halacha 20
When [a man] consecrates a woman with less than a p'rutah's worth, or he consecrates two women with a p'rutah, the women are not consecrated. [This applies] even when he sends wedding presents [worth more than a p'rutah] afterwards. Similarly, when a minor consecrates a woman, the kiddushin are not valid, despite the fact that he sent marriage presents after he had attained majority. [This ruling was delivered because the presents] were sent because of the original kiddushin, which were invalid [and therefore are not considered to be significant in their own right].
Halacha 21
When [a man] consecrates a woman by [giving her] money or a legal document, he does not have to place the kiddushin in her hand. Instead, if she consents that he throw them to her and he does so, she is consecrated, whether he throws them into her hand, her bosom, her courtyard or her field.28
If she is standing in a domain belonging to her [prospective] husband, he must place them in her hand or in her bosom. If she is standing in a domain that belongs to both of them, and he threw kiddushin to her with her consent, but they did not reach her hand or her bosom, the status of the kiddushin is in doubt. Even when she tells him, "Put the kiddushin down in this place," if the place belongs to both of them the status of the kiddushin is in doubt.29
Halacha 22
[The following rules apply when the two] are standing in the public domain or in a domain that does not belong to either of them, and he throws kiddushin to her: If they are closer to him, she is not consecrated. If they are closer to her, she is consecrated. If they are halfway between the two of them, or if there is doubt whether they were closer to him or to her,30 and they were lost before they reached her hand, there is doubt regarding the status of the kiddushin.
What is meant by "closer to him," or "closer to her"? A situation in which he can guard [the kiddushin] and she cannot is considered as "closer to him." One in which she can guard them and he cannot is considered to be "closer to her."31One in which they can both guard them or neither can guard them is considered to be "halfway between the two of them."
| FOOTNOTES | |
| 1. |
Bava Batra 48b states that since it was possible for a man to divorce his wife without her consent (in Talmudic times), there was no need for the Sages to abrogate the man's kiddushin. Even if he was forced into consecrating the woman, he could end their relationship at will. With regard to the woman, by contrast, since she cannot initiate a divorce, our Sages abrogated the marriage bond when she was compelled to establish it against her will.
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| 2. |
The first woman is consecrated based on the principle stated in the following halachah, that a woman may tell a person to give the kiddushin to an agent acting on her behalf. The second woman is consecrated, because she accepted the kiddushin in silence, which is interpreted as acquiescence.
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| 3. |
The fact that she discarded the kiddushin is a clear indication of her rejection of his proposal.
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| 4. |
Telling the person to give the kiddushin to someone else also indicates that she does not desire them, nor the consequences of accepting them (Tosafot, Kiddushin 8b).
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| 5. |
I.e., that the recipient should act as her agent.
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| 6. |
The Ramah (Even HaEzer 30:11) quotes the opinion of the Tur, who maintains that if at the outset the woman says, "Put money down in this place and I will be consecrated to you," or "Give food to this dog and I will be consecrated to you," the status of the kiddushin is doubtful. Since the man spent money because of her wishes, one might presume that this can be compared to the law stated in the previous halachah. Nevertheless, since the kiddushin were not given to a person, it is possible that the comparison is not in place, and the kiddushin are not definitely binding. (See also Chapter 5, Halachah 21.)
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| 7. |
The Ramah (Orach Chayim 42:2) quotes an opinion that requires stringency in such an instance, but states that leniency should be granted if following the stringent view will cause a woman great difficulty in getting married.
Although the need for witnesses with regard to marriage and divorce is derived from an analogy (gezerah shavah) to claims of monetary law, a difference exists between the two. With regard to a financial claim, no witnesses are necessary if both litigants agree regarding a matter.
As stated in this halachah, this concept does not apply with regard to the laws of marriage and divorce. Two rationales are given for this matter:
a) When the man and woman agree with regard to the establishment of a marriage bond, they are limiting the privileges of others, for they are unable to consecrate the woman. With regard to financial matters, by contrast, the rights of others are not restricted (Rashba).
b) There is a fundamental difference between the function of witnesses in cases involving financial matters and their function with regard to wedding and divorce. With regard to financial matters, the function of witnesses is to clarify the truth (eidei berur). With regard to marriage and divorce, by contrast, the witnesses' function is to notarize the event (eidei kiyyum). For a marriage bond to be established - or broken - even when the husband and wife agree that the event took place, witnesses must observe the proceedings (Tumim 90:14, Tzaphnat Paneach, Kallei HaTorah).
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| 8. |
This ruling sheds light on a theme of larger scope: the interrelation between Rabbinic law and Scriptural law. For the fact that a woman needs a get to marry another person appears to indicate that according to Scriptural law, the kiddushin are effective.
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| 9. |
Many of the manuscript copies and early printings of the Mishneh Torah state that the obligation to give a get is of Rabbinic origin. This view would appear to be supported by the Rambam's ruling in Chapter 5, Halachah 1.
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| 10. |
If she is not an orphan and has never been married, the right to consecrate her belongs to her father, not to her.
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| 11. |
I.e., she was married, the marriage was consummated, and then she was either divorced or widowed. In this and the above instance, the girl does not have sufficient authority to create a marriage bond that is binding according to Scriptural law. Nevertheless, a bond that is binding according to Rabbinic law may be established, as the halachah continues to explain.
The Ramah (Even HaEzer 155:2) quotes opinions that maintain that the above applies only when the girl's marriage was arranged by her brother or her mother. If she arranged the marriage herself, it is not binding, even according to Rabbinic law. The Ra'avad mentions a third opinion, which states that for a girl between the ages of six and ten, the marriage must be arranged by her family to be binding. After the age of ten, it is binding even if she arranged it herself.
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| 12. |
Our translation is based on the commentary of Metzudot on Isaiah 3:3.
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| 13. |
The annulment of a marriage that a girl below the age of majority initiates, as explained in the following halachah.
When a girl is below the age of six, we assume that she does not have sufficient understanding of the nature of marriage to make a commitment that is binding in any way.
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| 14. |
Chapter 11, Halachah 8.
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| 15. |
As the Rambam states in Hilchot Gerushin 11:6, if the girl reaches majority before she states that she desires to nullify the marriage bond, Rabbinic law requires her to receive a get before she marries another person. If she continues living with her husband and they engage in sexual relations after she attains majority, the marriage bond is binding according to Scriptural law.
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| 16. |
The Ra'avad objects to the Rambam's decision, stating that the woman should not be allowed to remain married to her deaf mute husband. The Maggid Mishneh justifies the Rambam's decision, explaining that since the marriage of a deaf mute is a Rabbinic institution, our Sages did not impose the same restrictions that would apply had the marriage been effective according to Scriptural law.
Others state that the Rambam's ruling applies only when the mentally competent man merely consecrated the deaf mute's wife. If he consummated the marriage (nisu'in), the deaf mute is forbidden to continue living with her after her divorce.
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| 17. |
Our Sages differentiated between the marriage of a deaf mute and that of a mentally incompetent person as follows: the marriage of a deaf mute may be harmonious and has the possibility of enduring. The marriage of a mentally incompetent person, by contrast, will surely be plagued by friction and will not endure. For a mentally competent will never be comfortable living with a mentally incompetent person. (See Chapter 11, Halachah 6 and Yevamot 112b.)
The Ramah (Even HaEzer 44:2) states that this is a sensitive matter, for it is difficult to determine when a person is completely incompetent or not.
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| 18. |
All the terms mentioned in this halachah are explained in Chapter 2. Although s'ris adam (a person who has been castrated) is forbidden to marry, if he violates this prohibition, the marriage bond is binding and a get is required for severing the relationship. With regard to an aylonit, see Chapter 24, Halachot 1-2, and the accompanying notes.
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| 19. |
The Ramah (Even HaEzer 44:5) quotes the Tur as stating that an androgynous is considered to be a male, and the kiddushin that he gives are binding.
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| 20. |
This ruling is relevant in the present age, for it is frequent that a woman is a niddah at the time of a marriage. A wedding should never be planned to coincide with the woman's niddah state. Nevertheless, since weddings are often planned well in advance, and women's menstrual cycles are flexible, it is possible that the calculations will be in error, and the wedding will be scheduled for the time when the woman is a niddah. In such a situation, the commonly accepted ruling is to hold the wedding. Nevertheless, restrictions are placed on the couple's being in private until the woman purifies herself. Needless to say, sexual relations are forbidden.
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| 21. |
The Ra'avad states that the woman's word should be accepted only insofar as to require her to receive a get from the second person. She is not allowed to marry him, nor may she collect herketubah from her first husband unless she proves that she has been divorced. The Ramah (Even HaEzer 17:2) states that in the present age, since brazen behavior is more common, the presumption upon which the Rambam's ruling rests is no longer a viable support.
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| 22. |
The situation is as follows: A man who was married to two women died while childless. As required by Deuteronomy, Chapter 5, one of his brothers (the yavam) marries one of his widows (theyevamah). Afterwards, neither the yavam nor any other of the deceased's brothers is allowed to marry the deceased's second wife. (See Hilchot Yibbum 1:12.)
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| 23. |
Rav David Cohen (Section 9, Responsum 1) states that the intent is that we are obligated to force the apostate to divorce his wife, lest he cause her to violate Torah law.
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| 24. |
E.g., a Canaanite maidservant who was owned in partnership by two masters. One granted the woman her freedom, but the other did not.
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| 25. |
Our translation follows the commentary of the Maggid Mishneh, who explains that there is a question whether or not the kiddushin of the first person are valid. Nevertheless, if the couple marry and consummate their relationship, this establishes their wedding bond.
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| 26. |
Who was totally unaware of what he was doing (Genesis, Chapter 19).
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| 27. |
The commentaries (see Beit Shmuel 31:6) debate the status of the kiddushin when one knows for a fact that they are worth a p'rutah in another place. Some maintain that they are absolutely binding, and others maintain that their status remains doubtful.
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| 28. |
The Tur (Even HaEzer 30) states that the woman's field or courtyard must be protected. It is possible to state that this is the Rambam's opinion as well, and he relies on the statements he makes in Hilchot Zechiyah UMatanah 4:9 regarding giving a present (Kessef Mishneh). Nevertheless, it is possible to differentiate between the two and explain that the laws governingkiddushin are more lenient. The Beit Shmuel 30:3 maintains that this is the view of the Shulchan Aruch (Even HaEzer 30:1). See Chelkat Mechokeik 30:2.
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| 29. |
Although this would not be acceptable with regard to a business transaction (Hilchot Mechirah, Chapter 4), an exception is made here, because of the possibility that the man lent the woman rights to his share of the property.
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| 30. |
See the Beit Shmuel 29:9, which interprets this as meaning that two pairs of witnesses observed the throwing of the kiddushin, one maintained that the kiddushin were able to be guarded by the man, and one that they were able to be guarded by the woman. If, however, there was only one pair of witnesses, and they were unsure whether the woman could guard them, the kiddushin are not effective, because it is as if they were given without being observed by witnesses.
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| 31. |
The Makneh states that the Rambam relies on his statements in Hilchot Gerushin 5:13, which state that the woman must be able to bend over and take the object. Others do not make such a stipulation.
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• Today's Day"
Torah lessons: Chumash: T'ruma, Sheini with Rashi.
Tehillim: 18-22.
Tanya: On the contrary (p. 117)...been explained earlier. (p. 117).
The Alter Rebbe said: The mitzva of ahavat yisrael1 extends to anyone born into the people of Israel, even if you have never met him. How much more so does it extend to every member - man or woman of the Jewish community where you live, who belongs to your own community.
Torah lessons: Chumash: P'kudei, Revi'i with Rashi.
Tehillim: 18-22.
Tanya: All the above (p. 155)...in the other. (p. 155).
The Tzemach Tzedek told a chassid who had mastered the entire Talmud and related works and had a profound grasp of Chassidus: Kabalat ol1 transforms one's being. When a simple servant serves out of kabalat ol you can see that he bears the yoke of service even when he sleeps. When a pre-eminent savant and brilliant scholar acquires this sort of kabalat ol, even he can attain the height and value of the simple, sincere person who has mesirat nefesh - total devotion, self-sacrifice.
FOOTNOTES
1. Lit. "accepting the yoke (of Heaven)." Chassidus compares the avoda of the scholarly who are intellectually motivated, aware of the depth and nuances of Torah and mitzvot, with the unquestioning obedience of the simple man, motivated by pure faith, ("pure" meaning unalloyed by rationales and ulterior motives). Obviously each has a unique quality. Chassidus demands that the learned man acquire the virtue of unlettered, simple faith superimposed on scholarship bringing him to a fulfillment otherwise denied him. Intellect itself has its limitations, the differing quality of the individual's knowledge, for example. Service based on reason cannot surpass reason, so the avoda is always restricted, limited. Furthermore, knowledge is never absolute, so despite commitment and piety there may be gnawing if unarticulated doubts. Kabalat ol transcends reason and penetrates to, or emanates from, the core or essence of the individual. His involvement is total. See 21 Adar I, and Tevet 5.
Daily Thought:
Explosive Joy
Joy is an overflowing, an explosion.
Something enters a person’s life for which he could never be prepared, and his previously tidy self erupts in song, dance and joy.
Approach the divine with a calculated mind, and there is no window for joy. Embrace the infinite beyond mind, and let joy surprise you.
____________________________
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