Today in Jewish History:
• Moses' Last Day of Leadership (1273 BCE)
Moses passed away on the 7th of Adar. Following G-d's instruction that Joshua should succeed him and lead the Jewish nation into the Land of Israel, Moses transferred leadership duties to Joshua on the day before he passed away. Thus the fifth day of Adar was the last day of Moses' leadership.
Link: Moses' Passing
Daily Quote:
Poverty follows the poor[Talmud, Erachin 23a]
Daily Study:
Chitas and Rambam for today:
Chumash: Tetzaveh, 3rd Portion Exodus 28:31-28:43 with Rashi
• Chapter 28
31And you shall make the robe of the ephod completely of blue wool. לאוְעָשִׂיתָ אֶת מְעִיל הָאֵפוֹד כְּלִיל תְּכֵלֶת:
the robe of the ephod: upon which the ephod is placed as a belt. את מעיל האפוד: שהאפוד נתון עליו לחגורה:
completely of blue wool: Heb. כְּלִיל ךְתְּכֵלֶת. All of it [the robe] was blue, without any other kind [of color or material] combined with it. כליל תכלת: כולו תכלת, שאין מין אחר מעורב בו:
32Its opening at the top shall be turned inward; its opening shall have a border around it, the work of a weaver. It shall have [an opening] like the opening of a coat of armor; it shall not be torn. לבוְהָיָה פִי רֹאשׁוֹ בְּתוֹכוֹ שָׂפָה יִהְיֶה לְפִיו סָבִיב מַעֲשֵׂה אֹרֵג כְּפִי תַחְרָא יִהְיֶה לּוֹ לֹא יִקָּרֵעַ:
Its opening at the top: Heb. פִי רֹאשׁוֹ The opening of the robe at its top; that is the opening of the collar. והיה פי ראשו: פי המעיל שבגבהו הוא פתיחת בית הצואר:
shall be turned inward: Heb. בְּתוֹכוֹ, folded inward. As the Targum [Onkelos] renders: כָּפִיל לְגַוִּהּ, folded inward, so that its fold should be a border for it. It was woven, not [sewn] with a needle. בתוכו: כתרגומו כפיל לגויה, כפול לתוכו להיות לו לשפה כפילתו, והיה מעשה אורג ולא במחט:
like the opening of a coat of armor: We learn [here] that their coats of armor had the opening folded inward [i.e., like a coat of mail]. כפי תחרא: למדנו שהשריונים שלהם פיהם כפול לתוכן:
it shall not be torn: [I.e.,] in order that it would not be torn, and the one who tears it transgresses a negative commandment, for this is [counted] in the number of the negative commandments in the Torah. Likewise, “and the choshen will not move” (verse 28), and likewise, “they shall not be removed from it” (Exod. 25:15), mentioned regarding the poles of the ark. -[from Yoma 72a] לא יקרע: כדי שלא יקרע, והקורעו עובר בלאו, שזה ממנין לאוין שבתורה, וכן (פסוק כח) ולא יזח החשן, וכן (שמות כה טו) לא יסורו ממנו. הנאמר בבדי הארון:
33And on its bottom hem you shall make pomegranates of blue, purple, and crimson wool, on its bottom hem all around, and golden bells in their midst all around. לגוְעָשִׂיתָ עַל שׁוּלָיו רִמֹּנֵי תְּכֵלֶת וְאַרְגָּמָן וְתוֹלַעַת שָׁנִי עַל שׁוּלָיו סָבִיב וּפַעֲמֹנֵי זָהָב בְּתוֹכָם סָבִיב:
pomegranates: They were round and hollow, like a sort of pomegranate, shaped like hens’ eggs. רמוני: עגולים וחלולים היו כמין רמונים העשויים כביצת תרנגולת:
and golden bells: Heb. וּפַּעִמֹנֵי זָהָב. [Golden] bells with the clappers inside them. ופעמוני זהב: זגין עם ענבלין שבתוכם:
in their midst all around: [I.e.,] between them all around. [Meaning] between two pomegranates, one bell was attached and suspended on the bottom hem of the robe. בתוכם סביב: ביניהם סביב, בין שני רמונים פעמון אחד דבוק ותלוי בשולי המעיל:
34A golden bell and a pomegranate, a golden bell and a pomegranate, on the bottom hem of the robe, all around. לדפַּעֲמֹן זָהָב וְרִמּוֹן פַּעֲמֹן זָהָב וְרִמּוֹן עַל שׁוּלֵי הַמְּעִיל סָבִיב:
A golden bell and a pomegranate: A golden bell and a pomegranate beside it. פעמון זהב ורמון פעמון זהב ורמון: אצלו:
35It shall be on Aaron when he performs the service, and its sound shall be heard when he enters the Holy before the Lord and when he leaves, so that he will not die. להוְהָיָה עַל אַהֲרֹן לְשָׁרֵת וְנִשְׁמַע קוֹלוֹ בְּבֹאוֹ אֶל הַקֹּדֶשׁ לִפְנֵי יְהֹוָה וּבְצֵאתוֹ וְלֹא יָמוּת:
so that he will not die: From the negative you deduce the positive. If he has them [the garments], he will not be liable to death, but if he enters [when he is] lacking one of these garments, he is liable to death by the hands of Heaven. -[from Tanchuma Buber, Acharei 7] ולא ימות: מכלל לאו אתה שומע הן, אם יהיו לו לא יתחייב מיתה, הא אם יכנס מחוסר אחד מן הבגדים הללו חייב מיתה בידי שמים:
36And you shall make a showplate of pure gold, and you shall engrave upon it like the engraving of a seal: Holy to the Lord." לווְעָשִׂיתָ צּיץ זָהָב טָהוֹר וּפִתַּחְתָּ עָלָיו פִּתּוּחֵי חֹתָם קֹדֶשׁ לַיהֹוָה:
a showplate: It was like a sort of golden plate, two fingerbreadths wide, encircling the forehead from ear to ear. -[from Shab. 63b] ציץ: כמין טס של זהב היה, רוחב שתי אצבעות, מקיף על המצח מאוזן לאוזן:
37And you shall place it upon a cord of blue wool and it shall go over the cap, and it shall be opposite the front side of the cap. לזוְשַׂמְתָּ אֹתוֹ עַל פְּתִיל תְּכֵלֶת וְהָיָה עַל הַמִּצְנָפֶת אֶל מוּל פְּנֵי הַמִּצְנֶפֶת יִהְיֶה:
upon a cord of blue wool: But elsewhere, it says: “And they placed upon it a cord of blue wool” (Exod. 39:31). Moreover, here it is written: “and it shall go over the cap,” whereas below it says: “It shall be upon Aaron’s forehead.” (verse 38). [A clue to the solution is] in [tractate] Shechitath Kodashim (Zev. 19a) [where] we learn: “His hair was visible between the showplate and the cap, where he would place the tefillin.” [Thus] we learn that the cap was above, on the crown of the head, and it was not deep [enough] for the entire head up to the forehead to fit into it. The showplate was below [the cap], and the cords were in holes and hanging on it at its two ends and in its center. [Thus, there were] six [cords] in these three places: [one] cord on top, one from outside, and one from inside opposite it. He tied the three ends from behind the nape of his neck. Thus, the combination of the length of the plate and the cords of its ends encircled the crown. The middle cord, which was on his head, was tied with the ends of the two [other cords], and it passed along the surface of the width of the head from above. Thus, it is was like a sort of hat. Concerning the middle cord it says: “and it shall go over the cap.” He would place the showplate on his head like a sort of hat over the cap, and the middle cord would hold it so that it would not fall, and the plate was suspended opposite his forehead. [Thus,] all the verses are explained: the cord was on the showplate, the showplate on the cord, and the cord was on the cap from above. על פתיל תכלת: ובמקום אחר הוא אומר (שמות לט לא) ויתנו עליו פתיל תכלת, ועוד כתיב כאן והיה על המצנפת, ולמטה הוא אומר (פסוק לח) והיה על מצח אהרן, ובשחיטת קדשים שנינו (זבחים יט א) שערו היה נראה בין ציץ למצנפת, ששם מניח תפילין, למדנו שהמצנפת למעלה בגובה הראש ואינה עמוקה ליכנס בה כל הראש עד המצח, והציץ מלמטה, והפתילים היו בנקבים ותלויין בו בשני ראשים ובאמצעיתו ששה בשלושה מקומות הללו, פתיל מלמעלה, אחד מבחוץ, ואחד מבפנים כנגדו, וקושר ראשי הפתילים מאחורי העורף שלשתן, ונמצאו בין אורך הטס ופתילי ראשיו מקיפין את הקדקד, ופתיל האמצעי שבראשו קשור עם ראשי השנים, הולך על פני רוחב הראש מלמעלה, ונמצא עשוי כמין כובע, ועל פתיל האמצעי הוא אומר והיה על המצנפת, והיה נותן הציץ על ראשו כמין כובע על המצנפת, והפתיל האמצעי מחזיקו שאינו נופל, והטס תלוי כנגד מצחו, וניתקיימו כל המקראות פתיל על הציץ, וציץ על הפתיל, והפתיל על המצנפת מלמעלה:
38It shall be upon Aaron's forehead, and Aaron shall bear the iniquity of the holy things that the children of Israel sanctify, for all their holy gifts. It shall be upon his forehead constantly to make them favorable before the Lord. לחוְהָיָה עַל מֵצַח אַהֲרֹן וְנָשָׂא אַהֲרֹן אֶת עֲוֹן הַקֳּדָשִׁים אֲשֶׁר יַקְדִּישׁוּ בְּנֵי יִשְׂרָאֵל לְכָל מַתְּנֹת קָדְשֵׁיהֶם וְהָיָה עַל מִצְחוֹ תָּמִיד לְרָצוֹן לָהֶם לִפְנֵי יְהֹוָה:
and Aaron shall bear: Heb. וְנָשָׂא [This is] an expression of forgiveness. Nevertheless, it does not move from its apparent [literal] meaning. Aaron shall indeed bear the burden of iniquity; thereby, it [the iniquity] is removed from the holy things. ונשא אהרן: לשון סליחה, ואף על פי כן אינו זז ממשמעו, אהרן נושא את המשא של עון, נמצא מסולק העון מן הקדשים:
the iniquity of the holy things: to appease [God] for the blood and the fat [of the sacrifices] that were offered up in [a state of] uncleanness, as we learned: Which iniquity does he bear? If [it is] the iniquity of פִּגּוּל, it was already said: “it will not be accepted” (Lev. 19:7). [I.e., if the one who performed the sacrificial service intended to partake of the flesh outside the area designated for this sacrifice, the sacrifice is rendered פִּגּוּל, meaning an abominable thing. It consequently may not be eaten or offered up. The showplate on the Kohen Gadol’s forehead does not make the פִּגּוּל acceptable.] If [it is] the iniquity of נוֹתָר, [i.e.,] leftover sacrificial flesh, it was already said: “it will not be credited” (Lev. 7:18). [I.e., if the one who performed the sacrificial service intended to partake of the flesh after the time allotted for eating the flesh of this sacrifice, it is disqualified, and the showplate does not render it acceptable. Likewise,] we cannot say that it will atone for the iniquity of the kohen who offered up the sacrifice while unclean, for it says [here]: “the iniquity of the holy things,” not the iniquity of those who offer them up. Consequently, it does not appease except to render the sacrifice acceptable. -[from Men. 25a] את עון הקדשים: לרצות על הדם ועל החלב שקרבו בטומאה, כמו ששנינו (פסחים טז א) אי זה עון הוא נושא, אם עון פיגול, הרי כבר נאמר (ויקרא יט ז) לא ירצה, ואם עון נותר, הרי נאמר (ויקרא ז יח) לא יחשב, ואין לומר שיכפר על עון הכהן שהקריב טמא, שהרי עון הקדשים נאמר, ולא עון המקריבים, הא אינו מרצה אלא להכשיר הקרבן:
It shall be upon his forehead constantly: It is impossible to say that it should always be on his forehead, for it was not on him except at the time of the service. But [it means that] it will always make them [the sacrifices] favorable Even when it is not on his forehead, namely if the Kohen Gadol was not ministering at that time. Now, according to the one who says that [only] when it was on his forehead it appeased [and made the sacrifices acceptable], and otherwise, it did not appease, “upon his forehead constantly” is interpreted to mean that he must touch it [the showplate] while it is upon his forehead, so that he would not take his mind off it. -[from Yoma 7b] והיה על מצחו תמיד: אי אפשר לומר שיהא על מצחו תמיד, שהרי אינו עליו אלא בשעת העבודה, אלא תמיד לרצות להם, אפילו אינו על מצחו, שלא היה כהן גדול עובד באותה שעה. ולדברי האומר (יומא ז ב) עודהו על מצחו מכפר ומרצה, ואם לאו אינו מרצה, נדרש על מצחו תמיד, מלמד שמשמש בו בעודו על מצחו, שלא יסיח דעתו ממנו:
39You shall make the linen tunic of checker work, and you shall make a linen cap; and you shall make a sash of embroidery work. לטוְשִׁבַּצְתָּ הַכְּתֹנֶת שֵׁשׁ וְעָשִׂיתָ מִצְנֶפֶת שֵׁשׁ וְאַבְנֵט תַּעֲשֶׂה מַעֲשֵׂה רֹקֵם:
You shall make…of checker work: Make them [the tunics] of boxes, and all of them [shall be made] of linen. ושבצת: עשה אותה משבצות משבצות, וכולה של שש:
40For Aaron's sons you shall make tunics and make them sashes, and you shall make them high hats for honor and glory. מוְלִבְנֵי אַהֲרֹן תַּעֲשֶׂה כֻתֳּנֹת וְעָשִׂיתָ לָהֶם אַבְנֵטִים וּמִגְבָּעוֹת תַּעֲשֶׂה לָהֶם לְכָבוֹד וּלְתִפְאָרֶת:
For Aaron’s sons you shall make tunics: These four garments and no more: a tunic, a sash, the hats, which are [the same as] the cap, and the pants written below (verse 42) for all of them. ולבני אהרן תעשה כתנת: ארבעה בגדים הללו ולא יותר כתונת, ואבנט, ומגבעות היא מצנפת, ומכנסים הכתובים למטה בפרשה (פסוק מב):
41With these you shall clothe Aaron, your brother, and his sons along with him, and you shall anoint them and invest them with full authority and sanctify them so that they may serve Me [as kohanim]. מאוְהִלְבַּשְׁתָּ אֹתָם אֶת אַהֲרֹן אָחִיךָ וְאֶת בָּנָיו אִתּוֹ וּמָשַׁחְתָּ אֹתָם וּמִלֵּאתָ אֶת יָדָם וְקִדַּשְׁתָּ אֹתָם וְכִהֲנוּ לִי:
With these you shall clothe Aaron: [I.e., with] those [garments] stated in connection with Aaron: a choshen, an ephod, a robe, a checker work tunic, a cap, a sash, a showplate, and pants mentioned further on in connection with them all. והלבשת אתם את אהרן: אותם האמורים באהרן חשן ואפוד ומעיל וכתונת תשבץ, מצנפת ואבנט וציץ ומכנסים, הכתובים למטה בכולם:
and his sons along with him: [with] those [garments] mentioned in connection with them. ואת בניו אתו: אותם הכתובים בהם:
and you shall anoint them: [i.e.,] Aaron and his sons, with the anointing oil. ומשחת אותם: את אהרן ואת בניו בשמן המשחה:
and invest them with full authority: Heb. וּמִלֵאתָ אֶת-יָדָם, [lit., and you shall fill their hands.] Every [mention of] “filling of the hands” is an expression of initiation. When he [a person] begins something [such as a position] that he will be in possession of from that day on [it is referred to as “filling” a position]. In Old French, when they appoint a person to be in charge of something, the ruler puts in his hand a leather glove, called guanto [gant in modern French], and thereby he grants him authority over the matter. They call this transmission revestir, invest, transmit [this glove], and this is the [expression] “filling of the hands.” ומלאת את ידם: כל מלוי ידים לשון חנוך, כשהוא נכנס לדבר להיות מוחזק בו מאותו יום והלאה הוא מלוי, ובלשון לעז כשממנין אדם על פקידת דבר, נותן השליט בידו בית יד של עור שקורין גנ"ט בלעז [כפפה], ועל ידו הוא מחזיקו בדבר, וקורין לאותו מסירה ריוישטי"ר בלעז [להסמיך] והוא מלוי ידים:
42And make for them linen pants to cover the flesh of [their] nakedness; they shall reach from the waist down to the thighs. מבוַעֲשֵׂה לָהֶם מִכְנְסֵי בָד לְכַסּוֹת בְּשַׂר עֶרְוָה מִמָּתְנַיִם וְעַד יְרֵכַיִם יִהְיוּ:
And make for them: For Aaron and for his sons. ועשה להם: לאהרן ולבניו:
linen pants: Thus [we have] eight garments for the Kohen Gadol and four for the ordinary kohen. מכנסי בד: הרי שמונה בגדים לכהן גדול, וארבעה לכהן הדיוט:
43They shall be worn by Aaron and by his sons when they enter the Tent of Meeting or when they approach the altar to serve in the Holy, so they will not bear iniquity and die. It shall be a perpetual statute for him and for his descendants after him. מגוְהָיוּ עַל אַהֲרֹן וְעַל בָּנָיו בְּבֹאָם | אֶל אֹהֶל מוֹעֵד אוֹ בְגִשְׁתָּם אֶל הַמִּזְבֵּחַ לְשָׁרֵת בַּקֹּדֶשׁ וְלֹא יִשְׂאוּ עָוֹן וָמֵתוּ חֻקַּת עוֹלָם לוֹ וּלְזַרְעוֹ אַחֲרָיו:
They shall be worn by Aaron: All these garments [shall be] worn by Aaron, [i.e.,] those that are appropriate for him. והיו על אהרן: כל הבגדים האלה על אהרן הראויין לו:
and by his sons: those mentioned in connection with them. ועל בניו: האמורים בהם:
when they enter the Tent of Meeting: To the Temple [proper], and so to the Mishkan. בבואם אל אוהל מועד: להיכל, וכן למשכן:
and die: while lacking [the proper] garments is liable to death [by the hands of Heaven]. -[from Tanchuma, Acharei Moth 6] ומתו: הא למדת, שהמשמש מחוסר בגדים במיתה:
a perpetual statute for him: Wherever it says חֻקַתעוֹלָם, “a perpetual statute,” it means a decree that is [in effect] immediately and for [future] generations [as well]. [This statute is] to make invalid [the sacrifice if any requirement is missing]. -[See Men. 19a.] חקת עולם לו: כל מקום שנאמר חקת עולם, הוא גזירה מיד ולדורות, לעכב בו:
Daily Tehillim: Psalms Chapters 29 - 34
• Chapter 29
The Name of God appears eighteen times in this psalm, corresponding to which our Sages established eighteen blessings-the Amidah. The entire psalm can be interpreted as referring to the giving of the Torah and the ingathering of the exiles.
1. A psalm by David. Render to the Lord, children of the mighty, render to the Lord honor and strength.
2. Render to the Lord the honor due to His Name; bow down to the Lord in resplendent holiness.
3. The voice of the Lord is over the waters, the God of glory thunders; the Lord is over mighty waters.
4. The voice of the Lord resounds with might; the voice of the Lord resounds with majesty.
5. The voice of the Lord breaks cedars; the Lord shatters the cedars of Lebanon.
6. He makes them leap like a calf, Lebanon and Sirion like a young wild ox.
7. The voice of the Lord strikes flames of fire.
8. The voice of the Lord makes the desert tremble; the Lord causes the desert of Kadesh to tremble.
9. The voice of the Lord causes the does to calve, and strips the forests bare; and in His Sanctuary all proclaim His glory.
10. The Lord sat [as King] at the Flood; the Lord will sit as King forever.
11. The Lord will give strength to His people; the Lord will bless His people with peace.
Chapter 30
This psalm teaches one not to be distressed if God visits suffering upon him in this world, for only through suffering can one enter the World to Come. Even one of great spiritual stature should realize that his stability is not guaranteed, but that all is in the hands of God.
1. A psalm, a song of dedication of the House, by David.
2. I exalt You, Lord, for You have uplifted me, and did not allow my enemies to rejoice over me.
3. Lord, my God, I cried out to You, and You healed me.
4. Lord, You have brought up my soul from the grave; You have kept me alive, that I should not descend to the pit.
5. Sing to the Lord, you His pious ones, and praise His holy Name.
6. For His wrath endures but for a moment, when He is conciliated there is [long] life; when one retires at night weeping, joy will come in the morning.
7. In my security I thought, "I shall never falter.”
8. Lord, by Your favor You have made my mountain stand strong; when You concealed Your countenance I was alarmed.
9. I called to You, O Lord, and I made supplication to my Lord:
10. What profit is there in my death, in my going down to the grave? Can dust praise You? Can it proclaim Your truth
11. Lord, hear and be gracious to me; Lord, be a help to me.
12. You have turned my mourning into dancing; You have undone my sackcloth and girded me with joy.
13. Therefore my soul shall sing to You, and not be silent; Lord my God, I will praise You forever.
Chapter 31
Composed by a destitute and oppressed David, running from Saul while placing his trust in God, this psalm instructs man to put his trust in God alone.
1. For the Conductor, a psalm by David.
2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.
3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.
4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.
5. Remove me from the net they planted for me, for You are my stronghold.
6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.
7. I despise those who anticipate worthless vanities; but I trust in the Lord.
8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.
9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.
10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.
11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.
12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.
13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.
14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.
15. But I trusted in You, O Lord; I said, "You are my God.”
16. My times are in Your hand; save me from the hands of my enemies and pursuers.
17. Shine Your countenance upon Your servant; deliver me in Your kindness.
18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.
19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.
20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.
21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.
22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.
23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.
24. Love the Lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.
25. Be strong and fortify your hearts, all who put their hope in the Lord!
Chapter 32
This psalm speaks of forgiveness of sin, and of the good fortune of one who repents and confesses to God wholeheartedly.
1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.
2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.
3. When I was silent, my limbs wore away through my wailing all day long.
4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.
5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.
6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.
7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.
8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.
9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.
10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.
11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart!
Chapter 33
This psalm teaches the righteous and upright to praise God. For the more one knows of the Torah's wisdom, the more should he praise God, for he knows and understands His greatness.
1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.
2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.
3. Sing to Him a new song; play well with sounds of jubilation.
4. For the word of the Lord is just; all His deeds are done in faithfulness.
5. He loves righteousness and justice; the kindness of the Lord fills the earth.
6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.
7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.
8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.
9. For He spoke, and it came to be; He commanded, and it endured.
10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.
11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.
12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.
13. The Lord looks down from heaven; He beholds all mankind.
14. From His dwelling-place He looks intently upon all the inhabitants of the earth.
15. It is He Who fashions the hearts of them all, Who perceives all their actions.
16. The king is not saved by a great army, nor a warrior rescued by great might.
17. The horse is a false guarantee for victory; with all its great strength it offers no escape.
18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,
19. to save their soul from death and to sustain them during famine.
20. Our soul yearns for the Lord; He is our help and our shield.
21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.
22. May Your kindness, Lord, be upon us, as we have placed our hope in You.
Chapter 34
This psalm tells of when David was in grave danger while at the palace of Achish, brother of Goliath. David acted like a madman, letting spittle run down his beard, and writing on the doors: "Achish, king of Gath, owes me one hundred thousand gold coins," leading Achish to eject him from the palace. In his joy, David composed this psalm in alphabetical sequence.
1. By David, when he feigned insanity before Avimelech,1 who then drove him away, and he left.
2. I bless the Lord at all times; His praise is always in my mouth.
3. My soul glories in the Lord; let the humble hear it and rejoice.
4. Exalt the Lord with me, and let us extol His Name together.
5. I sought the Lord and He answered me; He delivered me from all my fears.
6. Those who look to Him are radiant; their faces are never humiliated.
7. This poor man called, and the Lord heard; He delivered him from all his tribulations.
8. The angel of the Lord camps around those who fear Him, and rescues them.
9. Taste and see that the Lord is good; fortunate is the man who trusts in Him.
10. Fear the Lord, you His holy ones, for those who fear Him suffer no want.
11. Young lions may want and hunger, but those who seek the Lord shall not lack any good thing.
12. Come, children, listen to me; I will teach you the fear of the Lord.
13. Who is the man who desires life, who loves long life wherein to see goodness?
14. Guard your tongue from evil, and your lips from speaking deceit.
15. Turn away from evil and do good, seek peace and pursue it.
16. The eyes of the Lord are directed toward the righteous, and His ears toward their cry.
17. The wrath of the Lord is upon the evildoers, to excise their memory from the earth.
18. But when they [repent and] cry out, the Lord hears, and saves them from all their troubles.
19. The Lord is close to the broken-hearted, and saves those with a crushed spirit.
20. Many are the afflictions of a righteous person, but the Lord rescues him from them all.
21. He protects all his bones; not one of them is broken.
22. Evil brings death upon the wicked, and the enemies of the righteous are condemned.
23. The Lord redeems the soul of His servants; all who take shelter in Him are not condemned.
Tanya: Likutei Amarim, beginning of Chapter 31• Lessons in Tanya
• Adar 5, 5775 · February 24, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 31
ch. 29 the Alter Rebbe began to deal with the problem of timtum halev, insensitivity of the heart. He quoted the statement of the Zohar that a body impervious to the light of the soul needs to be crushed. By crushing one’s spirit, one crushes the sitra achra of his animal soul, whose arrogance is the cause of timtum halev.
In chs. 29-30, the Alter Rebbe described various means of arriving at a feeling of contrition (lit., “brokenheartedness”); e.g., reflecting on one’s spiritual failings in not waging an adequately strenuous battle against his evil impulse, and realizing that one’s failure in this area places him on a level lower than that of the lowliest of his fellow Jews (as explained at length in ch. 30).
But while these methods may effectively dispel timtum halev, they would seem to have an undesirable side-effect — depression. Ch. 31 deals with this problem.
והנה אף אם כשיאריך הרבה להעמיק בעניינים הנ״ל כשעה ושתים להיות בנמיכת רוח ולב נשבר, יבא לידי עצבות גדולה, לא יחושם
Even if dwelling long and deeply into the above-mentioned matters for an hour or two, to be lowly of spirit and contrite of heart, leads one to profound depression, let him not be perturbed.
ואף שעצבות היא מצד קליפת נוגה ולא מצד הקדושה
True, atzvut (depression) derives from the realm of kelipat nogah, not of holiness.
כי בצד הקדושה כתיב: עוז וחדוה במקומו, ואין השכינה שורה אלא מתוך שמחה, וכן לדבר הלכה וכו׳
For concerning the realm of holiness it is written:1 “Strength and gladness are in His place”; and likewise, 2 “The Divine Presence abides... only in [man’s] joy,... and the same joy is required for the study of the Halachah.”
אלא שאם העצבות היא ממילי דשמיא היא מבחינת טוב שבנוגה
Any depression, then, comes from the realm of kelipat nogah, except that if the depression is due to spiritual matters arising from one’s realization of his spiritual failings, it stems from the good contained in kelipat nogah; for, as mentioned in ch. 1, kelipat nogahcontains both good and evil — the evil in nogah is the source of ordinary depression, and the positive element in nogah gives rise to spiritually motivated depression. Yet, even the element of good contained in nogah is, after all, kelipah.
ולכן כתב האר״י ז״ל שאפילו דאגת העונות אינה ראויה כי אם בשעת הוידוים
( 3For this reason the AriZal writes that even worry over one’s sins is appropriate only during confession,
ולא בשעת התפלה ותלמוד תורה, שצריכים להיות בשמחה שמצד הקדושה דווקא
but not during prayer and Torah study. These must be conducted with a joy deriving exclusively from the realm of holiness, as opposed to frivolity and the like.)
Why then should one strive to crush the spirit of sitra achra with methods that lead to depression, which itself stems from the sitra achra of nogah
אף על פי כן, הרי כך היא המדה, לאכפיא לסטרא אחרא במינה ודוגמתה
Yet, this is precisely the method of humbling the sitra achra — through something of its own species and kind; i.e., the sitra achra is most effectively attacked by utilizing the good contained within it as a weapon against itself.
כמאמר רז״ל: מיניה וביה אבא לשדיה ביה נרגא, ופגע בו כיוצא בו
As our Sages expressed it: 4 “From the forest itself comes [the handle for] the ax [which fells the forest]”; and in a similar vein, 5 “He encountered one of his own kind.”
ועל זה נאמר: בכל עצב יהיה מותר, והיתרון היא השמחה הבאה אחרי העצב, כדלקמן
Of this sadness resulting from contemplation of one’s spiritual state it is written, 6 “In every sadness there will be profit.” The profit lies in the joy which follows the sadness, as will be explained later — i.e., in what way the sadness itself leads to joy.
אך באמת אין לב נשבר ומרירות הנפש על ריחוקה מאור פני ה׳ והתלבשותה בסטרא אחרא נקראים בשם עצבות כלל בלשון הקודש׳
In truth, however, the state of being contrite of heart and bitter of soul i.e., remorseful over one’s remoteness from G‑d, and over the fact that one’s soul is clothed in the sitra achra, — this state can by no means be described in the Holy Tongue (Hebrew) by the term “atzvut”.
The word atzvut, meaning “melancholy”, stems from a root which means “constricted”. In this context, it refers to a numbing depression that constricts one’s heart, blocking out all feeling, as the Alter Rebbe continues:
כי עצבות היא שלבו מטומטם כאבן ואין חיות בלבו
For “atzvut” means that one’s heart is as dull as a stone, and that there is no vitality — arousal of feeling — in his heart.
אבל מרירות ולב נשבר, אדרבה, הרי יש חיות בלבו להתפעל ולהתמרמר
But “bitterness” (merirut) and contrition are just the opposite, since the very fact that one is moved to be embittered is itself a sign of life,
רק שהיא חיות מבחינת גבורות קדושות, והשמחה מבחינת חסדים,כי הלב כלול משתיהן,
except that this vitality derives from the holy attributes of severity (gevurot) and it therefore expresses itself as bitterness, whereas joy derives from the holy attributes of kindness (chasadim), for the heart contains both these attributes — kindness and severity.
At any rate, we see that the dejection accompanying one’s disappointment with his spiritual situation stems from the realm of holiness, unlike atzvut, which derives from kelipat nogah. 7
והנה לעתים צריך לעורר בחינת גבורות הקדושות כדי להמתיק הדינים,שהם בחינת נפש הבהמית ויצר הרע כששולט חס ושלום על האדם,
At times one must arouse the holy attributes of severity (gevurot) in order to temper (lit., “sweeten”) stern judgements, which in this context denote the animal soul and the evil inclination, whenever it (the latter) dominates a man, G‑d forbid,
כי אין הדינים נמתקין אלא בשרשן
for stern judgements i.e., restraints on one’s spiritual wellbeing can only be “sweetened” by means of their source.
All evil is simply a degenerate form of the attribute of severity (gevurot) that derives from the realm of holiness. Myriad “contractions” (tzimtzumim) and descents of this attribute transform it to evil, the evil of kelipah. Naturally, this includes also the sitra achra of one’s animal soul and his evil impulse. In order to elevate or “sweeten” evil, to return evil to the realm of holiness, it is necessary to bring its source to bear on it. In terms of one’s divine service, this means crushing one’s evil impulse by merirut, bitter remorse, which derives its vitality from the holy attribute of severity — the source of the evil impulse.
ולכן אמרו רז״ל: לעולם ירגיז אדם יצר הטוב
For this reason our Sages said: 8 “One should always incite the good inclination to anger [against the evil inclination].”
Since anger stems from the attribute of severity, it is capable of “sweetening” the evil inclination.
והיינו בכל עת שרואה בנפשו שצריך לכך
The word “always” (“one should always incite...”) is, however, to be understood in a qualified sense. Joy, not severity, is usually the proper setting for divine service. Thus, when our Sages state that one should always incite the good inclination, this means — whenever he finds it necessary for himself; as, for example, when one sees that the arrogance of his animal soul does not permit the light of his divine soul to penetrate his heart, causing timtum halev.
אך שעת הכושר שהיא שעה המיוחדת וראויה לכך לרוב בני אדם
However, the appropriate time for this “anger” of the divine soul at the animal soul, meaning, the time which is opportune and fitting for most people,
היא בשעה שהוא עצב בלאו הכי ממילי דעלמא, או כך בלי שום סבה
is when one is in any case depressed over mundane matters, or just so, without any discernible cause. 9
אזי היא שעת הכושר להפך העצב, להיות ממרי דחושבנא הנ״ל
This is an opportune time for redirecting the depression toward spiritual matters, to be among the “masters of accounts” mentioned above, i.e., to engage in soul-searching and spiritual stocktaking,
ולקיים מאמר רז״ל: לעולם ירגיז וכו׳ כנ״ל
and to fulfill the previously mentioned teaching of our Sages, that one should always incite his good inclination against his evil inclination, since both of these paths harness the attribute of severity.
ובזה יפטר מהעצבות שממילי דעלמא
He will thus also be rid of the depression brought on by mundane matters.
I.e., redirecting his depression into soul-searching, and into anger at his evil inclination, will dispel the mundane depression.
| FOOTNOTES | |
| 1. | Divrei HaYamim 16:27. |
| 2. | Shabbat 30b. |
| 3. | Parentheses are in the original text. |
| 4. | Cf. Sanhedrin 39b. |
| 5. | Shabbat 121b. |
| 6. | Mishlei 14:23. |
| 7. | Now that the Alter Rebbe has established that sadness arising from one's spiritual stocktaking is not atzvut (depression) but merirut (bitterness), several difficulties arise: (1) Earlier, the Alter Rebbe stated that one ought not be perturbed by such sadness, even though it is in fact atzvut (which stems from the sitra achra), because "this is precisely the method for humbling the sitra achra - through something of its own kind..." Why the need to justify atzvut if this sadness is not atzvut at all, but merirut." (2) Several lines further, the Alter Rebbe states that the opportune time for dwelling on one's failings is when one is in any case depressed over some material concern; the depression that such contemplation arouses will rid him of his materially-inspired depression. But the Alter Rebbe has just pointed out that this is not depression at all; how, then, does this dispel any other depression? A possible explanation: When one dwells on his spiritual failings, and concludes that he is indeed worse than thekal shebekalim, his first reaction will be despondency; he will feel utterly worthless and disgraced in his own eyes. In this state, there is no stirring of feeling, no vitality; it is, indeed, classic atzvut. But if this stocktaking was undertaken in its proper spirit, the despondency will last only momentarily. Immediately after sinking into depression the individual will feel the stirrings of bitterness, of anger at his having allowed himself to fall so low; he will begin to seek means of extricating himself from this sorry state. It is with regard to the momentaryatzvut that the Alter Rebbe advises one not to be perturbed, since his atzvut is an effective weapon against the sitra achra. Regarding the bitterness and anger that follow it, the Alter Rebbe states that they are not atzvut at all, inasmuch as they are alive and active. Likewise, when the Alter Rebbe states that depression over one's spiritual failings is effective in ridding one of depression due to other causes, he again refers to the aforementioned temporary depression which immediately follows one's spiritual stocktaking. (- From a comment by the Rebbe.) |
| 8. | Berachot 5a. |
| 9. | From a superficial reading, it would appear that the Alter Rebbe advocates spiritual accounting at such a time when one is in any case depressed simply so that the depression resulting from this accounting will not hinder one from joyful service of G-d. However, the expression, "the time which is opportune and fitting for spiritual stocktaking..." clearly indicates that one's depressed state actually aids him in some way in this self- evaluation. For when one is in a joyful frame of mind on account of his physical well-being, it is difficult for him to shift to a reflective, introspective one, and to feel truly saddened by his spiritual failures; being in a state of depression simplifies the process. We find a similar correlation between one's physical circumstances and his spiritual objectives in the following statement of the Sages: "When the Temple stood, the joy `of the festivals' consisted of eating `the sacrificial' meat; now that the Temple is no longer, the joy lies in drinking wine." (Pesachim 109a) Although the festivals were given for our souls to rejoice in holiness ("...And Your people Israel will rejoice in You"), yet meat and wine are prescribed, so as to harmonize the moods of body and soul. |
• Sefer Hamitzvos:
Adar 5, 5775 · February 24, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
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.
Negative Commandment 355
Out of Wedlock Intimacy
"There shall be no indecent women among the daughters of Israel"—Deuteronomy 23:18.
It is forbidden for a man and woman to be intimate unless married to each other.
Wedlock Intimacy
Negative Commandment 355
Translated by Berel Bell
The 355th prohibition is that we are forbidden from having relations with a woman without [giving her] a Kesubah and acquiring her (kiddushin).
The source of this commandment is G‑d's statement1 (exalted be He), "There may not be any prostitutes among Jewish girls."
This same commandment is repeated, but using a different expression, in G‑d's statement2 (exalted be He), "Do not defile your daughter with premarital relations." The Sifra says, " 'Do not defile your daughter' — this command is directed towards a man who hands over his unmarried daughter for sexual relations without marriage, as well as a girl who herself has sexual relations without marriage."
Now listen as I explain why the prohibition is repeated with this wording,3 and what the repetition adds. G‑d (exalted be He) has already instructed us in the Torah that a man who has relations with a virgin incurs none of the punishments4, regardless of whether he seduced or raped her. Rather, he must pay a monetary fine and marry the girl that he harmed, as explained in the Torah.5
Accordingly, a person might think that since the offender is only required to pay a fine, therefore this is looked upon as a purely financial case. Therefore, just as a person, if he wishes, is allowed to give away his money to another person, or to forgive a debt, so too, [he might think,] he may take his unmarried daughter and give her to a man to have relations with her. This would be like forgiving a debt due to him, since the 50 silver [shekels which the seducer or rapist must pay] go to the father. Alternatively, a person might think that [since this is purely a financial matter,] he may give his daughter on condition that the man pays a certain amount of money.
Therefore, the Torah prohibited this and said, "Do not defile your daughter with premarital relations." The monetary fine only refers to a case where the seduction or rape actually occurred. But it is still completely forbidden for them to engage in sexual relations, even when they both agree.
The Torah also reveals the reason for this prohibition: ["Do not defile your daughter with premarital relations,] and you will then not make the land sexually immoral, and the land [will not] be filled with perversion." The explanation of this: seduction and rape occur very rarely, but if the Torah allowed premarital relations when both parties agree, it would occur often and become widespread throughout the world.
This is a fine and wondrous explanation of this verse, and fits all the sayings of our Sages and laws of the Torah.
This prohibition, i.e. the prohibition of [having relations with] an unmarried woman, is punishable by lashes.
The details of this mitzvah are explained in Kesubos and Kiddushin.
FOOTNOTES
1.Deut. 23:18.
2.Lev. 19:29.
3.Directed to the father, unlike the other verse, which is phrased as a general prohibition.
4.. Such as lashes or execution.
5.Ex. 22:15. Deut. 22:28. See P220, P218.
Tefilah and Birkat Kohanim - Chapter Ten
Halacha 1
A person who prayed without concentrating [on his prayers] must pray a second time with concentration. However, if he had concentrated during the first blessing, nothing more is necessary.
A person who errs in the recitation of the first three blessings [of the Shemoneh Esreh] must return to the beginning [of the Shemoneh Esreh]. Should one err in the recitation of the final three blessings, one should return to [the blessing,R'tzey]. If one errs in the midst of [one of] the intermediate blessings, one should return to the beginning of that blessing and [then] conclude one's prayers in the [proper] order.
Should the leader of the congregation err when he is praying out loud, he should [correct himself] based on these principles.
Halacha 2
However, if the leader of the congregation errs while he is praying in a hushed tone, I maintain that he does not repeat his prayers a second time, because of the difficulty it will cause the congregation. Rather, he relies on the prayer which he will recite out loud.
The above applies when he does not err in the first three blessings. If he errs in their [recitation], he always repeats [his prayers] in the same manner as any [other] individual.
Halacha 3
Should the leader of a congregation err [in his repetition of the Shemoneh Esreh], become confused and not know where to begin [again] - if he waits for a prolonged period, another person should replace him.
If he errs in the recitation of the blessing [that curses] the heretics, we do not wait for him [to correct himself]; rather, another person should replace him. This applies only when he did not begin this [blessing]. However, if he did begin [the blessing], we wait for him.
The second person should not refuse at this time.
Halacha 4
From which point should [the substitute for the leader of the congregation] begin? If the first one erred in one of the intermediate blessings, [the substitute] should begin from the beginning of the blessing in which he erred. However, if he erred in one of the first three blessings, the [substitute] starts from the beginning [of the Shemoneh Esreh. If he erred in one of the final [three] blessings, the substitute should begin from [the blessing, R'tzey].
Halacha 5
A person who says, "I will not lead the congregation in prayer because [I am wearing] colored clothes," should not lead the congregation in that prayer service even when wearing white clothes. If he said, "I will not lead the congregation because I am wearing sandals," he should not lead the congregation even when barefoot.
Halacha 6
A person who is in doubt whether he prayed or not should not repeat his prayers, unless he recites the second prayer with the intention that it is a voluntary prayer, since an individual may recite voluntary prayers throughout the entire day.
A person who remembers that he has already prayed while he is in the midst of the Shemoneh Esreh should cease [praying] immediately, even if he is in the midst of a blessing. [However,] if he was reciting the evening service, he need not cease [praying], for even at the outset, he did not begin that prayer service with the thought that it was an obligation.
Halacha 7
A person who erred and recited a weekday prayer on the Sabbath does not fulfill his obligation. If he recalled while he was in the midst of the Shemoneh Esreh, he should conclude the blessing which he has begun and [continue] reciting the Sabbath prayers.
When does the above apply? In the evening, morning, and Minchah services. However, in the Musaf service, one should cease [praying] even in the midst of a blessing. Similarly, if one completed a weekday Shemoneh Esreh with the intention that it be one's Musaf prayers, one must recite Musaf again. This applies on the Sabbath, on a festival, and on Rosh Chodesh.
Halacha 8
[When] one errs during the rainy season and does not recite either morid hageshem or morid hatal, he must return to the beginning of the prayers. However, if he mentions dew, he need not repeat [his prayers].
Should one err in the summer and recite morid hageshem, he must return to the beginning of the prayers. However, if he omits mention of dew [in the summer], he need not repeat his prayers, for dew is never held back, nor is there a need to request it.
Halacha 9
[The following rules apply when] one forgets to request rain in the blessing for material prosperity: If he remembers before [the blessing,] shome'a tefilah, he should request rain in [that blessing]. If he [recalls] after reciting the blessing,shome'a tefilah, he should return to the blessing for material prosperity. If he does not recall until after he completes the Shemoneh Esreh, he must return to the beginning of the prayer and pray a second time.
Halacha 10
[The following rules apply when] a person errs and fails to mention Ya'aleh v'yavo: If he remembers before he has concluded the Shemoneh Esreh, he should return to [the blessing, R'tzey], and recite it. If he remembers after he has concluded his prayers, he must repeat the Shemoneh Esreh from the beginning. If he is accustomed to recite supplicatory prayers after Shemoneh Esreh and remembers after he has concluded his prayers, but before he has lifted up his feet [to step backwards after prayer], he should return to [the blessing, R'tzey].
Halacha 11
When does the above apply? On Chol Hamo'ed or in the morning or Minchahservices of Rosh Chodesh. However, in the evening service of Rosh Chodesh, if one failed to mention it one need not repeat his prayers.
Halacha 12
In every case in which an individual is required to repeat his prayers [because of an error], the leader of the congregation is also required to repeat his prayers if he made a similar mistake while praying out loud, with the exception of the morning service of Rosh Chodesh.
[In this instance,] if the leader of the congregation failed to mention Ya'aleh v'yavo before completing his prayers, he is not required to repeat his prayers because of the difficulty it would cause the congregation. The Musaf service is still to be recited and Rosh Chodesh will be mentioned there.
Halacha 13
If during the ten days between Rosh Hashanah and Yom Kippur, one erred and concluded the third blessing, Ha'El hakadosh, he should return to the beginning of the Shemoneh Esreh.
If he erred and concluded the eleventh blessing, Melech ohev tzedakah umishpat, he should return to the beginning of the blessing and concludeHamelech hamishpat, and continue reciting his prayers in order. If he did not remember until he concluded his prayers, he must recite [his prayers again] from the beginning.
[These laws apply] to both an individual and to the leader of the congregation.
Halacha 14
If a person erred and did not mention Havdalah in the blessing, chonen hada'at, he should conclude his prayers, without returning [to correct himself]. Similarly, one who did not mention Al hanisim on Chanukah or Purim, or Anenu in the prayers on a fast day, need not repeat his prayers. [These laws apply] to both an individual and the leader of a congregation.
If one remembers before lifting his feet [to step backwards after prayer], he should say: "Answer us because You are the one who hears prayer, redeems, and rescues in all times of difficulty and distress. May the words of my mouth...."
Halacha 15
[A person who] forgot to recite the afternoon service on the Sabbath eve should recite the Sabbath evening service twice. [The same law applies] on a festival.
[A person who] forgot to recite the afternoon service on the Sabbath or a festival should recite the weekday evening service twice after their conclusion.
He should recite Havdalah in the first of these prayers and not in the second. However, if he recited Havdalah in both prayers or omitted it in both prayers, he fulfills his obligation. Nevertheless, if he did not recite Havdalah in his firstShemoneh Esreh, but mentioned it in his second, he [must] return and recite a third Shemoneh Esreh, since his first prayers were not acceptable because they were recited before the evening service.
Whoever recites two prayers [in succession] - even the morning service and theMusaf service - should not recite them one immediately after the other. Rather, he should wait between prayers, so that his mind will be settled.
Halacha 16
It is forbidden for a person who is praying with a congregation to pray before the congregation.
[The following rules apply when] a person enters a synagogue and finds the congregation praying in a hushed tone: If he could begin and complete his prayers before the leader of the congregation reached Kedushah, he should recite the Shemoneh Esreh. If not, he should wait until the leader of the congregation begins reciting the Shemoneh Esreh out loud, and pray together with him word for word until the leader of the congregation reaches Kedushah. He should respond to Kedushah with the rest of the congregation and then recite the remainder of the Shemoneh Esreh alone.
One who began reciting the Shemoneh Esreh before the leader of the congregation, [but was unable to conclude his prayers before] the leader of the congregation reached Kedushah, should not interrupt his prayers [to] respond to Kedushah with [the congregation]. Similarly, one should not respond Amen, yehei shemeih rabba mevarach... while in the midst of Shemoneh Esreh. Needless to say, [this applies regarding responding "Amen"] to other blessings.
Ishut - Chapter Eight
Halacha 1
When [a man] tells a woman: "Behold, you are consecrated to me with this cup of wine," and the cup is discovered to contain honey [she is not consecrated]. [Similarly, if he tells her: "...Behold, you are consecrated to me with this cup] of honey," and the cup is discovered to contain wine;1 "...with this dinar of silver," and it is discovered to be gold; "...[with this dinar] of gold," and it is discovered to be silver; "...on condition that I am a priest," and he was discovered to be a Levite; "[on condition that I am] a Levite," and he was discovered to be a priest; "...[on condition that I am] a Givonite,"2 and he was discovered to be a bastard; "...[on condition that I am] a bastard," and he was discovered to be a Givonite; "...[on condition that I am] an inhabitant of a town," and he was discovered to be an inhabitant of a metropolis; "...[on condition that I am] an inhabitant of a metropolis," and he was discovered to be an inhabitant of a town; "...on condition that I am poor," and he was discovered to be rich; "...[on condition that I am] rich," and he was discovered to be poor; "...on condition that my house is close to the bathhouse," and it is discovered to be distant from it; "...[on condition that my house is] distant from the bathhouse," and it is discovered to be close to it; "...on condition that I have a maid," "...a daughter who knows how to braid hair," or "...who bakes," and [it is discovered that] he does not have one; "...on condition that he does not have [one of the above,] and [it is discovered that] he does; "...on condition that he has a wife and children," and [it is discovered that] he does not; "...on condition that he does not have [the above,] and [it is discovered that] he does - in all these and in any similar instance, the woman is not consecrated. The same rule applies if she [makes a condition based on] false information.
Halacha 2
In all the above instances, she is not consecrated even though she says: "In my heart, I was willing to be consecrated to him even though he deceived me and gave me wrong information." Similarly, [if she gave him false information,] she is not consecrated even though he says: "In my heart, I was willing to consecrate her even though she deceived me." [The rationale is that] feelings in one's heart are not [the same as explicit] statements.
Halacha 3
[When a man tells a woman:] "Behold, you are consecrated to me on condition that I am a perfumer," and it is discovered that he is both a perfumer and a leather craftsman;3 "...on condition that I am an inhabitant of a town," and he was discovered to be an inhabitant of both a town and a metropolis;4 or "...on condition that my name is Yosef," and it was discovered that his name was Yosef and Shimon; she is consecrated.
If, however, he told her: "[Behold, you are consecrated to me] on condition that my name is only Yosef," and it was discovered that his name was Yosef and Shimon; "...on condition that I am solely a perfumer," and it is discovered that he is both a perfumer and a leather craftsman; or "...on condition that I am solely an inhabitant of a town," and he was discovered to be an inhabitant of both a town and a metropolis; she is not consecrated.
Halacha 4
When [a man] tells a woman: "Behold, you are consecrated to me on condition that I know how to read," [for the stipulation to be fulfilled] it is necessary that he know how to read from the Torah and translate what he reads according to the translation of Onkelos the convert.
If he tells her: "...on condition that I am a reader," he must know how to read the Torah, the works of the Prophets and the Holy Writings with proper grammatical precision. [If he tells her:] "...on condition that I know how to study the Mishnah," he must know how to read the Mishnah. "...On condition that I am a sage of the Mishnah," he must know how to read the Mishnah, the Sifra,5 theSifre,6 and the Tosefta of Rabbi Chiyya.7
Halacha 5
[When a man tells a woman: "Behold, you are consecrated to me] on condition that I am a student [of the Torah]," we do not say that [he must be a student] of the caliber of ben Azzai and ben Zoma.8 Instead, it is sufficient that when one asks him a question regarding his studies, he is able to answer. [This includes] even the laws of the festivals that are studied in public; these are easy matters that are studied close to the festival, so that people at large will be familiar with them.
[When a man tells a woman: "Behold, you are consecrated to me] on condition that I am a wise man," we do not say that [he must be] like Rabbi Akiva and his colleagues. Instead, it is sufficient that when one asks him a point of logic with regard to any subject, he is able to answer. "...On condition that I am mighty," we do not say that [he must be] like Avner ben Ner9 or Yoav.10 Rather, it is sufficient that his colleagues fear him because of his might. "...On condition that I am rich," we do not say that [he must be as wealthy] as Rabbi Eleazar ben Azariah.11 Rather, it is sufficient that the inhabitants of his city honor him because of his wealth.
[When a man tells a woman: "Behold, you are consecrated to me] on condition that I am righteous," even if the person is known to be thoroughly wicked, there is doubt [regarding the status of the kiddushin, and] the woman is considered as consecrated. For it is possible that he had thoughts of repentance in his heart at that time.12
"...On condition that I am wicked," even if the person is known to be thoroughly righteous, there is doubt [regarding the status of the kiddushin, and] the woman is considered as consecrated, since it is possible that he had thoughts of idol worship in his heart at that time. For the sin of idol worship is so great that even when a person thinks of serving [idols] in his heart,13 he is considered wicked, as [implied by Deuteronomy 11:16, which] states: "lest your hearts be tempted [and you go astray and serve other gods]," and [Ezekiel 14:5, which] states: "that I may detect the House of Israel in their hearts [for they are all estranged from Me because of their idols]."
Halacha 6
[When a man] consecrates a woman and says, "I thought she was from a priestly family, and instead she is from a family of Levites," "...from a family of Levites, and instead she is from a priestly family," "...poor, and instead she is rich," or "...rich, and instead she is poor," she is consecrated, for she did not cause him to err.14
Similarly, if she says, "I thought he was a priest, and instead he is a Levite," "...a Levite, and instead he is a priest," "...poor, and instead he is rich," or "...rich, and instead he is poor," she is consecrated, for he did not cause her to err.
| FOOTNOTES | |
| 1. |
Even though honey is more valuable than wine, the kiddushin are not binding, because the stipulation was not fulfilled, and it is possible that the woman indeed desired wine rather than honey. Similarly, with regard to the sets that follow, Kiddushin (48b ff) explains reasons why it is possible to say that the woman favored either of the alternatives, and she is therefore not consecrated unless the stipulation that is made is met.
|
| 2. |
Who, like bastards, are forbidden to marry into the Jewish people. (See the notes on Chapter 1, Halachah 7.)
|
| 3. |
Animal feces were used in the processing of leather, and thus leather craftsmen were known for their unpleasant odor.
|
| 4. |
I.e., he maintains two homes.
|
| 5. |
A compendium of halachic exegesis of the Book of Leviticus, composed by Rav, a student of Rabbi Yehudah HaNasi, who compiled the Mishnah. Rav was the leader of the first generation of Amoraim in Babylonia.
|
| 6. |
A compendium of the halachic exegesis of the Books of Numbers and Deuteronomy, composed by Rav.
|
| 7. |
A collection of teachings intended to "explain the Mishnah and expound upon concepts that would require much effort to be derived from the Mishnah." Rabbi Chiyya was one of Rabbi Yehudah HaNasi's primary disciples.
|
| 8. |
Students of Rabbi Akiva, renowned for their scholarship in their youth. Their promising futures were effaced after they entered a mystical experience together with their master. (See Chaggigah14b.)
|
| 9. |
The commander of King Saul's armies.
|
| 10. |
Yoav ben Tz'ruyah, the commander of King David's armies.
|
| 11. |
Who was renowned for his wealth. Each year he would give 12,000 calves as the tithes of his herd (Shabbat 54b). Another version of the text also mentions Elazar ben Chersom whose wealth is described in Yoma 35b.
|
| 12. |
The doubt exists only because we cannot be aware of what is happening within the person's heart or mind. If we could be sure that he had repented within his heart, he is considered a righteous man, regardless of his previous conduct. This demonstrates the power of teshuvah, how one thought of repentance can transform one's spiritual level from one extreme to the other.
|
| 13. |
In general, a person is not punished for a sin unless he commits a deed. The worship of false gods is different. (See Hilchot Avodat Kochavim 2:6, which states: "Whoever accepts a false god as true, even when he does not actually worship it, disgraces and blasphemes [God's] glorious and awesome name." See also Hilchot Avodat Kochavim 2:1,3.)
|
| 14. |
Since he did not explicitly state the matter as a stipulation, his misconception does not cause thekiddushin to be nullified.
|
Ishut - Chapter Nine
Halacha 1
[When a man] consecrates two women whom he is forbidden to marry at the same time, because it creates a prohibited relationship, neither is consecrated. What is implied? When a man consecrates a woman and her daughter or two sisters at the same time, neither of them is consecrated.
Halacha 2
[The following rule applies when a man] consecrates many women at the same time and says: "Behold, all of you are consecrated to me." If among [these women] were two sisters, a woman and her daughter or the like, none of the women is consecrated.1
If [the man] told [the women]: "Those of you who are fit to engage in marital relations with me are consecrated to me," they are all consecrated to him, except the sisters, the mother and her daughter or the like.
Similarly, if [a man] told [a group of women], "Behold, all of you are consecrated to me," and among [these women] was a Canaanite maidservant, a non-Jewish woman or a woman who is forbidden to this man as an ervah - e.g., a married woman, his daughter, his sister or the like - none of them is consecrated to him. If he says: "Those of you who are fit to engage in marital relations with me are consecrated to me," they are all consecrated to him, except the women with whom he cannot establish kiddushin.
Halacha 3
[The following rule applies when] a man tells two sisters: "Behold, one of you is consecrated to me with this [article]," and gives them both a p'rutah, or one accepts it on behalf [of herself and] her sister. They both require a divorce from him, and it is forbidden for him to engage in marital relations with either of them, for the kiddushin are viable even though he is forbidden to engage in relations with either of them.2 The same [rule applies] when [a man] tells a father: "One of your daughters is consecrated to me," and the father accepts the kiddushin.3
Halacha 4
[The following rule applies when a man] appoints an agent to consecrate a particular woman, the agent went and consecrated her, the principal himself consecrated the woman's mother, daughter or sister, and it is not known which of them was consecrated first: They both require a divorce, and they both are forbidden [to have relations] with him.
A similar [rule applies] if a woman appointed an agent to consecrate her, he [fulfilled her charge], she herself consecrated herself to another man, and it is not known which consecration took place first. Both men are required to divorce her. If they so desire, one may divorce her and one may marry her.4
Halacha 5
When does the above apply? When [the two men who consecrated her] were not related. If, however, they were related, the agent consecrated the woman to a father, and she consecrated herself to his son, to his brother or the like: they both must divorce her, and they both are forbidden [to have relations] with her.
Halacha 6
[The following rules apply when a man] tells an agent: "Go out and consecrate a woman for me," the agent dies, and it is not known whether or not he consecrated a woman on behalf of the principal. We accept the presumption that he consecrated [on his behalf], for it is an accepted presumption that the agent will carry out the mission with which he was charged.
[Accordingly,] since it is not known which woman he consecrated, the principal is forbidden to marry any woman who has a relative who might be forbidden because of the laws of ervah - i.e., a woman who has an [unmarried] daughter, mother, sister or the like.
[The rationale is] that if you say: "Let him marry this one," perhaps the agent had consecrated the woman's mother, sister or daughter. He is permitted [to marry] a woman who does not have relatives like these.5
If [the woman the man desires to marry] has a relative like this - e.g., a sister - and that relative was married at the time the agent was appointed, [the man] is permitted to marry her. [This applies] even if this relative was divorced before the agent died. We do not say that perhaps the agent consecrated her relative after she was divorced. For she was not fit to [marry him] at the time the agent was appointed, and a person does not appoint an agent to consecrate a wife for him if [the intended] is not fit to be consecrated at the time the agent is appointed.
Halacha 7
[The following rules apply when] a person has five sons, they each appoint their father as an agent to consecrate a wife for them, and the father tells a colleague who has five daughters: "[Each] one of your daughters is consecrated to one of my sons." Should the father [of the girls] accept the kiddushin,6 each of the girls must be divorced by each of the five brothers. For they all gave their father the prerogative of consecrating a wife for them [and he did not specify which woman would be the wife for which of his sons].
If one of [the sons] dies, each of the women must be divorced by the four [remaining brothers] and must perform the rite of chalitzah with one of them.7
Halacha 8
[There is, by contrast, no doubt in the following situation:] A father had [two daughters]: one a minor or a na'arah8 whom he has the privilege [of consecrating], and one a bogeret.9 Even if the bogeret gives her father the privilege of consecrating her, when he consecrates one of his daughters without specifying which one, it is assumed that the bogeret is not the one intended unless he specifically states [that the kiddushin are for] "my older daughter, who is a bogeret, who appointed me as [her] agent."10 Therefore, [in such a situation,] the bogeret is not consecrated,11 and her sister is consecrated.
Halacha 9
[The following rules apply with regard to a father] who has two pairs of daughters from two different wives, and he has the prerogative [of consecrating all of them].12 If he consecrated one daughter, and at the time of the kiddushintold the husband: "I consecrated my oldest daughter" [there is no confusion with regard to his intent]. Although it is possible to say that perhaps he consecrated the older daughter in the older pair to him, or the older daughter in the younger pair or the younger daughter in the older pair - for she is older than the older daughter in the younger pair [- we do not entertain such doubts.] All [the daughters] are permitted [to marry other men] except the older daughter in the older pair; she alone is considered to be consecrated.
Similarly, if [the father says that] he consecrated his youngest daughter: Although it is possible to say that perhaps [he consecrated] the younger daughter in the younger pair to him, or the younger daughter in the older pair or the older daughter in the younger pair - for she is younger than the younger daughter in the older pair [- we do not entertain such doubts]. All [the daughters] are permitted [to marry other men] except the younger daughter in the younger pair; she alone is considered to be consecrated. For the phrase "my oldest daughter" implies the daughter whom none is elder than, and the phrase "my youngest daughter" implies the daughter whom none is younger than.13
Halacha 10
A father's word is accepted with regard to [the status of] his daughter below the age of bagrut. [If] he states that she has been consecrated, she is forbidden to marry at all.14
Halacha 11
When a father says, "I consecrated my daughter, but I do not know to whom I consecrated her," she is forbidden [to marry] any man forever unless the father says, "I became aware of the fact that I consecrated her to so and so." He alone must divorce her [before she can marry another person]. [Her father's word is accepted with regard to the identity of the person who consecrated her] even if he becomes aware after she reaches the age of bagrut.15
Halacha 12
If a father says, "I don't know to whom I consecrated [my daughter]," and a person comes and says, "I am the one who consecrated her," his word is accepted. [Moreover, he is granted the prerogative of] consummating the marriage.16 He need not consecrate her a second time.
Halacha 13
[In the above situation,] if two people come and both claim that they were the ones who consecrated her, they are both required to divorce her. If they desire, one may divorce her, and one may consummate the marriage.17
[If the latter option was taken, and] one consummated the marriage,18 and afterwards a third person came and claimed that he was the one who had consecrated her [originally], his word is not accepted and he does not cause her to be forbidden to her husband.
Halacha 14
[The following rules apply when] a woman states: "I was consecrated, but I do not know to whom I was consecrated," and a man comes and claims: "I was the one who consecrated her." His word is accepted and he may divorce her [so that] she is permitted to marry others, but not him. He is forbidden to consummate the marriage.19
[This restriction was instituted out of suspicion that] perhaps the man's natural inclination overcame him [and he made his statement out of desire for her]. [And we fear that the woman] will encourage [his false statements] so that she will be permitted [to marry].
Halacha 15
[The following rules apply when a man] tells a woman: "I consecrated you," and the woman denies the matter. He is forbidden [to marry] her close relatives,20but she is permitted [to marry] his close relatives.21 If she says, "You consecrated me," and he denies the matter, he is permitted [to marry] her close relatives, but she is forbidden [to marry] his close relatives.
If he says: "I consecrated you," and the woman says: "It was my daughter, not me, whom you consecrated," he is forbidden [to marry] the close relatives of the mother; the mother is permitted [to marry] his close relatives; he is permitted [to marry] the close relatives of the daughter;22 and the daughter is permitted [to marry] the man's close relatives.23
[The following rules apply when the man says:] "I consecrated your daughter," and the woman says: "It was myself [not my daughter] whom you consecrated." He is forbidden [to marry] the daughter's close relatives; the daughter is permitted [to marry] his close relatives; he is permitted [to marry] the mother's close relatives; and the mother is forbidden [to marry] the man's close relatives.
Halacha 16
All the claims of kiddushin [mentioned in the previous halachah] refer to a situation in which the person making the claim states that the kiddushin were given in the presence of witnesses, and the witnesses either journeyed overseas or died. If, however, they acknowledge that the kiddushin were given without witnesses observing, the kiddushin are of no consequence, as we have explained.24
Whenever a woman tells a man, "You consecrated me," and he denies the matter, we ask him to compose a bill of divorce so that she will be permitted to marry others, for [doing this] does not involve any loss to him.25 If he gives her a divorce on his own volition,26 we compel him to give her [the monetary settlement, as stated in] the ketubah.27
Halacha 17
When a man appoints an agent to consecrate a woman for him, and the agent goes and consecrates her for himself, the woman is consecrated to the agent. It is, however, forbidden to do such a thing. Whoever does this or performs a similar act with regard to business matters is considered to be wicked.28
Halacha 18
[The following rules apply when a man] appoints an agent to consecrate a woman for him, the agent consecrates her [but a doubt arises whether the agent consecrated her for himself or for the principal]. When the agent says, "I consecrated [the woman] for myself," and the woman says, "I was consecrated to the principal," [the ruling depends on whether or not the appointment of the agent was made in the presence of witnesses].29
If the agent was not appointed in the presence of witnesses, the agent is forbidden to marry the woman's close relatives, and she is permitted to marry [the agent's] close relatives.30 The woman is forbidden to marry the principal's close relatives, but the principal is permitted to marry her close relatives.31 If the agent was appointed in the presence of witnesses, she is consecrated to the principal.32
Halacha 19
[The following rules apply when] the woman says, "I do not know to whom I was consecrated, whether to the agent or to the principal." If the agent was not appointed in the presence of witnesses, she is consecrated to the agent. If he was appointed as his agent [in the presence of witnesses], they both are required to divorce her. If they desire, one may divorce her and one may consummate the marriage.
Halacha 20
[The following rule applies when] a woman appoints an agent to consecrate her, he went and fulfilled his mission, but while he was in the process of doing so, she nullified his agency and rescinded his appointment, and it is not known whether she nullified his agency before he received the kiddushin or afterwards. The status of the kiddushin is doubtful. [She cannot marry another man without receiving a divorce, nor may the marriage be consummated unless she receives kiddushin again.] Similar rules apply when a man appoints an agent and retracts his appointment.
Halacha 21
[The following rules apply when a man] consecrates one of five women but does not know which of them he has consecrated, and each of them says, "He consecrated me." He is forbidden to marry the [close] relatives of all these women and must divorce each of them. [With regard to the payment of the money due because of the marriage contract,] he should leave [the sum due because of] one marriage contract among all the women and depart.33
Halacha 22
When a report is circulated that a woman has been consecrated to a particular man, we operate under the presumption that [the woman] is consecrated although there is no binding evidence to that effect.38 Whenever a report is not substantiated by a court, no attention is paid to it.39
What type of report when substantiated will cause a woman to be considered to be consecrated? Two [men] came [to court] and testified that they saw candles lit, couches spread, people coming in and out of the house, and women celebrating with her, saying "So and so was consecrated today."40 If the women are heard saying: "So and so will be consecrated today," no attention is paid [to the report]; perhaps they assembled for the purpose of kiddushin, but thekiddushin were not given. It is only when [the report says that the woman] was [actually] consecrated [that the court considers her as such].
Similarly, if two [men] come and say, "We saw what looked like an erusincelebration and we heard sounds [of joy], and we heard from so and so41 who heard from so and so that this woman was consecrated in the presence of [two witnesses] and the witnesses went to another country or died" - this is a report that could cause a woman to be considered consecrated.
Halacha 23
When does the above apply? When there is no rationale that offsets the report. If, however, there is a rationale that offsets the report, and that rationale is heard when [the report that] she was consecrated is heard, [the woman] is not considered to be consecrated.
What is [an example] of a rationale that offsets a report? "So and so was consecrated with a stipulation attached," or "[So and so was given] kiddushinwhose status is in doubt."42 [In such instances,] the woman is not considered [consecrated]. Instead, we ask her [for an account of the circumstances] and rely on her word, since there is no clear evidence nor firm report.
Halacha 24
[The following rules apply when at first] a report spreads that [a woman] was consecrated to a particular man, and after a few days a rationale that offsets the report is stated. If it appears to the court that the rationale is true, they rely on it, and [the woman] is not considered to be consecrated. If not, since the rationale was not heard at the time the report of the kiddushin was heard, we do not take it into consideration.
Halacha 25
An incident once occurred involving a report that a particular woman was consecrated to the son of so and so. After time passed, they asked [the husband's] father, who said, "There was a stipulation attached when she was consecrated to him, and the stipulation was not fulfilled." The Sages did not rely on his words. Instead, they ruled that the status of the kiddushin was in doubt, as if there were no rationale that offsets [the original report].
Halacha 26
[The following rules apply when] a report is spread that [a woman] was consecrated to a particular man, and a second man came and consecrated her in our presence. We attempt to verify the report of the kiddushin of the first man. If witnesses come and give clear testimony that [the woman] was consecrated to the first man, the kiddushin given by the second are of no consequence.
If not, the first man, for whom there is merely a report of his kiddushin, must divorce the woman, and the second man, who definitely consecrated her, is allowed to consummate the marriage.43 If the second man divorces her, the first should not consummate the marriage, lest people at large say, "He remarried the woman he divorced after consecrating her, after she had been consecrated by another man."44
Halacha 27
When a report is spread that a woman was consecrated to one man, and a second report is later spread that she was consecrated to another, one of the men should write her a bill of divorce, and the other - either the first or the last - may consummate the marriage.
Halacha 28
In a place where it is customary for [a prospective groom] to send gifts to his [prospective] bride after consecrating her, and witnesses who had seen presents being brought to [a woman] come [and testify to that effect], we suspect that she has been consecrated.45 [Because of this] suspicion, she must be divorced. [This ruling applies] even when the majority of the men in the city send presents before consecrating [their prospective brides].46
In a place where it is customary for all the men [of the locale] to send presents first and then consecrate, [the fact that witnesses] saw presents [being sent] is not a cause for suspicion.
Halacha 29
[The following rules apply when] it was established that a marriage contract had been composed [for a specific woman]: If it is common for some of the people in that place to consecrate and then have [a marriage contract] composed, we suspect [that the woman was consecrated].47 [This law applies] even when there is no scribe in the locale. We do not say that because a scribe happened to be found [in the locale], [the man had the marriage contract] written before [he consecrated the woman].
If all the men in a locale have marriage contracts composed before consecrating [their wives], [the existence of a marriage contract] is not a cause for suspicion [that a woman has been consecrated].
Halacha 30
[The following rule applies when there is a dispute between two pairs of witnesses:] two [witnesses] say: "We saw [a woman] consecrated on this particular day," and two [witnesses] say: "We did not see [this happen]." Although they are all neighbors, living in the same courtyard, [the woman] is considered to be consecrated; the claim "We did not see [this happen]" is of no consequence, for it is common for [a man] to consecrate [a woman] in private.
Halacha 31
When one witness says, "This [woman] has been consecrated," and [the woman] herself says, "I have not been consecrated," she is permitted [to marry without restriction].48
When one [witness] says, "[This woman] has been consecrated," and another [witness] says, "she has not been consecrated," she should not marry49[anyone other than the person to whom the witness says she has been consecrated]. If she, nevertheless, marries another person, [there is no necessity to] terminate [the marriage], for she says, "I was not consecrated."
[The following rules apply when a woman herself] says, "I have been consecrated," and afterwards she accepts kiddushin [a second time]. If she can offer a rationale that explains her previous statements, explaining why she said she was consecrated, and the reason appears substantial [to the court],50 she is permitted to [marry] the second man.51 If she cannot offer an explanation, or she offers one but it does not appear substantial, she is forbidden [to marry]. [Nevertheless, we also give certain consideration to] the kiddushin given by the second man, and [require] him to divorce her. She is forbidden to [marry] him or anyone else until the person who first consecrated her comes.
Similar [rules apply with regard to] a woman who comes [to a new community] and says that she is a married woman, and afterwards says that she is unmarried. If she gives a rationale that explains her statements, and it [appears] substantial, her word is accepted.
| FOOTNOTES | |
| 1. |
Since all the women were included in the same statement without differentiating between any of them, none is consecrated.
The Maggid Mishneh notes that Kiddushin 51a equates this law with the following ruling: When one person tells another, "You and this animal will acquire this object," the person acquires half. The correspondence is explained as follows. Although the animal is not fit to acquire the property, the person still acquires the half. Similarly, although some of the women are not fit to be consecrated, the others are, and they should be consecrated.
On this basis, the Maggid Mishneh asks: Since in Hilchot Mechirah 22:12, the Rambam rules that the person acquires the property although the animal does not, seemingly he should agree that the women who are fit to be married should be consecrated. In resolution, he explains that monetary laws are governed by different principles from marital laws, and therefore there is no contradiction between the two rulings.
Because of this contradiction, although the Shulchan Aruch (Even HaEzer 41:4) mentions the Rambam's opinion, it also mentions a view that states that the women who are not related are consecrated. It concludes that because of the conflicting opinions, the status of the kiddushin is doubtful. The same applies with regard to the law mentioned in the second portion of this halachah.
|
| 2. |
Since the man was not specific as to which of the sisters he was consecrating, there is no way to determine which of them was intended. [Even if the man specifies his intent afterwards, his word is not accepted (Ramah, Even HaEzer 37:16).] Therefore, there is doubt as to the status of both of the women.
|
| 3. |
The Shulchan Aruch (Even HaEzer 37:16) states that this rule applies even when the man consecrating the daughters was engaged to one of them. Since he did not specify his intent at the time of the kiddushin, all the daughters require a divorce.
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| 4. |
In the previous instance, the man was not able to marry either of the women he consecrated, because they were related and it is forbidden to marry one's divorcee's mother, sister or daughter.
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| 5. |
The Ramah (Even HaEzer 35:11) quotes the opinion of Rabbenu Nissim, who maintains that if the relatives state that they were never consecrated and the man marries the woman, they are permitted to remain married.
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| 6. |
If the girls are below the age of bagrut, their father has the privilege of consecrating them. If they are above the age of bagrut, it is possible that they appointed him as an agent to receive theirkiddushin. Note, however, the following halachah.
|
| 7. |
For perhaps the brother who died was her betrothed.
|
| 8. |
A girl between the ages of twelve and twelve and a half, who has manifested signs of physical maturity.
|
| 9. |
A girl past the age of twelve and a half, who has manifested signs of physical maturity.
In the Rambam's Commentary on the Mishnah (Kiddushin 3:8), he states that if the man has several daughters below the age of bagrut, they all require a divorce, because of the doubt mentioned in the previous halachot, but the daughter above the age of bagrut does not require a divorce.
|
| 10. |
Kiddushin 51b explains the rationale for this ruling. A person will not abandon a mitzvah for which he is responsible (the consecration of his younger daughter) to fulfill a mitzvah for which he is not responsible (the consecration of his elder daughter).
|
| 11. |
The Shulchan Aruch (Even HaEzer 37:15) states that this law applies only when the daughter who is above bagrut does not specify the identity of a man she desires to marry. If, however, she makes such a specification, and the above situation occurs with regard to this individual, she also requires a divorce.
|
| 12. |
I.e., none of them has reached the age of bagrut (Beit Yosef, Even HaEzer 37). (See Beit Shmuel37:42.)
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| 13. |
Although the Hebrew words גדולה and קטנה can mean both "older" and "oldest" and "younger" and "youngest" respectively, in this context the man's intent is clear, and the intent is the oldest and the youngest.
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| 14. |
Kiddushin 64a derives this concept from Deuteronomy 22:16, "I gave my daughter to this man," the verse that teaches that the father has the prerogative of consecrating his daughter until she becomes a bogeret. From "I gave my daughter," we learn that because of her father's words, the woman is forbidden to marry anyone but her intended. From "this man," we learn that he can clarify the identity of the intended.
|
| 15. |
The rationale is that since the prohibition comes on the basis of her father's statements, the license to marry is also granted on that basis.
|
| 16. |
I.e., not only may he free the girl of the prohibition by divorcing her, he may consummate the marriage if he desires. We do not suspect that he is making this statement merely because he is attracted to the woman (Kiddushin 63b). The man is given this prerogative because we assume that he would not lie, lest the father protest and deny his claim.
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| 17. |
He must, however, consecrate the woman again (Rashba, Ramah, Even HaEzer 37:22).
|
| 18. |
The Rashba states that this ruling applies even if the marriage was not yet consummated. As long as the license for the marriage was granted, the third person's claims do not cause it to be rescinded. The Shulchan Aruch (Even HaEzer 37:23) quotes both views, but appears to favor that of the Rambam.
|
| 19. |
If, however, he consummates the marriage and the couple live together as man and wife, we do not force them to separate because of the suspicions mentioned (Rashba, Shulchan Aruch, Even HaEzer 37:24).
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| 20. |
I.e., the relatives he would be forbidden to marry if she were his wife. Since according to his statements they are man and wife, he must uphold any prohibitions that such a relationship would bring about.
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| 21. |
For she denies the matter.
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| 22. |
I.e., those who are not forbidden to him because of his statements regarding her mother. Since he does not acknowledge the consecration of the daughter, he is not bound by the mother's statements.
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| 23. |
For the mother's statements are not binding for the daughter. Although Scriptural law gives a father the prerogative to make binding statements regarding his daughter's status, a mother's statements do not have this power even according to Rabbinic law (Rambam's Commentary on the Mishnah, Kiddushin 3:11).
|
| 24. |
Chapter 4, Halachah 6.
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| 25. |
Once the man divorces the woman, he is forbidden to marry her close relatives. Nevertheless, this is not considered a significant loss, since there are many other women he could marry. And yet, because of this factor, he cannot be compelled to divorce the woman (Maggid Mishneh; Ramah, Even HaEzer 48:6). Others [Rabbenu Eliyahu Mizrachi and the Maharshal (Responsum 25)] differ and maintain that since he divorced the woman only as a favor to her, he is not forbidden to marry her relatives.
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| 26. |
I.e., without being asked to by others.
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| 27. |
The Maggid Mishneh notes that there are several points that require clarification with regard to the Rambam's statements. As stated in Chapter 10, Halachah 11, a man is not ordinarily obligated to pay a marriage contract until the second stage of the marriage (nisu'in). If merely kiddushin were given, he is not under such an obligation. It is only when he wrote the woman a ketubah and gave it together with the kiddushin, that he is obligated.
This, however, raises a question: If he wrote the woman a ketubah, how can he deny thekiddushin? The Maggid Mishneh explains that this law applies only in a place where it is customary to write the ketubah before the kiddushin are given. Because in most instances there is no obligation to give a ketubah after kiddushin, the Shulchan Aruch does not mention this law at all (Chelkat Mechokek 48:2).
|
| 28. |
See Hilchot Mechirah 7:10.
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| 29. |
The Ra'avad maintains that the man must always appoint an agent in the presence of witnesses. He therefore interprets the phrase huchzak hashaliach to mean that the appointment of the agent was public knowledge.
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| 30. |
As in Halachah 15.
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| 31. |
For his agent states that he did not consecrate the woman on behalf of the principal.
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| 32. |
The Maggid Mishneh states that even though the woman is considered to be consecrated to the principal, the agent is still forbidden to marry the woman's relatives. The Ramah (Even HaEzer35:15) quotes this ruling.
Rabbenu Asher does not accept the Rambam's ruling, stating that if the agent explicitly states that he did not consecrate the woman on behalf of the principal, there is no way that the kiddushin can be binding.
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| 33. |
Because of the doubt, he is not required to pay each of them the sum required by the marriage contract.
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| 34. |
Because he violated our Sages' instructions not to consecrate with sexual relations.
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| 35. |
The Beit Shmuel 49:2 questions why this ruling differs from the ruling delivered (Hilchot Gezelot4:9) when a man says that he stole from one of five people, and does not know from whom he stole. In such an instance, although the thief is required to reimburse each of the five, this is only when each of the recipients takes an oath that the money was stolen from him. The Beit Shmuelleaves the question unresolved.
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| 36. |
For, as stated in Chapter 10, Halachah 11, a man is not ordinarily required to pay the money due because of a marriage contract until nisu'in, the second stage of the marriage relationship. If the woman has merely been consecrated, this obligation is not incumbent upon him unless he wrote a marriage contract for her.
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| 37. |
The Ra'avad states that there is no need for the marriage contract to have been written. If the man made a verbal agreement to that effect when consecrating the woman, he is obligated. TheMaggid Mishneh explains that the Rambam would also accept the Ra'avad's law, and was merely giving one of several possible settings in which the law stated could be applied.
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| 38. |
As the Shulchan Aruch (Even HaEzer 46:1) states, the woman is bound by the same rules as all those whose status of their kiddushin is in doubt. She may not marry any one other than the man to whom the report says she is consecrated, but before she may consummate the marriage with him, she must be consecrated again.
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| 39. |
I.e., it is possible for many rumors to be spread. When is credence given to a rumor? When it can be substantiated in court with testimony, as mentioned below. (See Rashi, Gittin 99b.)
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| 40. |
In this part of the halachah (in contrast to its beginning), the Rambam does not mention that the witnesses state to whom the woman was consecrated. The later authorities (Chelkat Mechokek46:1; Beit Shmuel 46:1) maintain that this information must also be stated; otherwise the woman is not considered to be consecrated.
|
| 41. |
I.e., according to the Rambam, it is sufficient for two witnesses to hear from one person who originally heard the report from another person. The Rashba and Rabbenu Asher maintain that unless a report is spread by at least two individuals, it cannot be substantiated in court. TheShulchan Aruch (Even HaEzer 46:2) quotes the Rambam's view and the Ramah quotes the other opinions.
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| 42. |
I.e., there is a question whether the kiddushin were worth a p'rutah, or the youth consecrating her had reached the age of majority (Gittin 9:9; Shulchan Aruch, Even HaEzer 46:3).
|
| 43. |
If the first man does not divorce her, the second is not allowed to consummate the marriage. If he does not heed this ruling and marries her before she receives a divorce, the Rabbis ruled that the woman is forbidden to him, and he is required to divorce her (Shulchan Aruch, Even HaEzer46:5).
|
| 44. |
This is forbidden, as explained in Hilchot Gerushin 11:12. If the first man does not heed this ruling and marries her, the Rabbis are unresolved whether or not the marriage is allowed to stand (Chelkat Mechokek 46:13).
|
| 45. |
I.e., although the presents are worth more than a p'rutah, they themselves do not establish a bond of kiddushin, because they are not given with that intent. Nevertheless, the fact that the presents were given indicates that there is a possibility that kiddushin had been given previously.
|
| 46. |
Since there are a number of men who send presents after consecrating, we suspect that perhaps this person also followed that practice. Although rulings of Torah law are ordinarily determined by the practice of the majority, an exception is made in this case, because of the severity of the laws of marriage and divorce (Tosafot, Kiddushin 50b), or because this majority practice is not fixed and may change at the whim of the people (Rabbenu Nissim).
|
| 47. |
I.e., the marriage contract, like the gifts mentioned in the previous halachah, are a sign that perhaps the woman was consecrated (Maggid Mishneh).
|
| 48. |
In this instance, the testimony of one witness is not accepted when the woman denies his statements. If her words were not true, she would not dare to contradict the witness's testimony (Maggid Mishneh).
|
| 49. |
The Rambam's ruling appears to be based on the rationale that since the woman has a witness who supports her, we suspect that she might contradict the other witness even when she is not telling the truth (Maggid Mishneh).
This rationale is not accepted by the Ra'avad and other authorities, who object to the Rambam's ruling. They maintain that since the woman's statements are accepted when she has no support, surely they should be accepted when they are supported by another witness. They explain thatKetubot 23a, the source for this halachah, is referring to an instance when a man threw kiddushinto a woman, one witness claims that the kiddushin were closer to the woman (and hence, she was consecrated), the other claims that they were closer to the man (and thus she was not consecrated), and the woman herself does not know. This is the view accepted by the Shulchan Aruch (Even HaEzer 47:3).
|
| 50. |
Ketubot 22a gives an example of a rationale that the Sages accepted. A very attractive woman at first said that she was consecrated, and afterwards accepted kiddushin. When asked to account for her behavior, she explained that her suitors were originally not worthy people, and she therefore wanted nothing to do with them. When a worthy suitor came, she was happy to accept his offer.
|
| 51. |
Note the ruling of the Ramah (Even HaEzer 47:4), who states that this law applies only when the woman says "I was consecrated," but does not state to whom. If she mentions the name of a person who she claims to have consecrated her, her retraction is not accepted even when the rationale she offers appears to have substance.
|
Ishut - Chapter Ten
Halacha 1
According to Rabbinic law, a woman who has been consecrated (i.e., anarusah) is forbidden to engage in sexual relations1with her husband as long as she is living in her father's home.2 A man who has relations with his arusah in his father-in-law's home is punished with "stripes for rebelliousness."
Even when [the husband] consecrated [his arusah] by having sexual relations with her, he is forbidden to engage in sexual relations with her again until he brings her to his home, enters into privacy with her, and thus singles her out as his [wife].
[Their entry into] privacy is referred to as entry into the chuppah,3 and it is universally referred to as nisu'in.4
When a man has relations with his arusah for the sake of [establishing] nisu'inafter he has consecrated her, the relationship is established at the beginning of sexual relations. This causes her to be considered his wife with regard to all matters.5
Halacha 2
Once an arusah has entered the chuppah, her husband is allowed to have relations with her at any time he desires, and she is considered to be his wife with regard to all matters. Once she enters the chuppah, she is called anesu'ah, although [the couple] has not engaged in sexual relations.
[The above applies when] it is fitting to engage in relations with the woman. If, however, the woman is in the niddah state [when relations are forbidden], the marriage bond is not completed and she is still considered to be an arusahalthough she entered the chuppah and remained in privacy [with her husband].6
Halacha 3
The marriage blessings must be recited in the groom's home7before the marriage takes place. There are six blessings; they are:
Blessed are You, God, our Lord, King of the universe, who has created all things for His glory.Blessed are You, God, our Lord, King of the universe, Creator of man.8Blessed are You, God, our Lord, King of the universe,9 who created man in His image, in an image reflecting His likeness; [He brought forth] his form and prepared for him from His own Self a structure that will last for all time.10Blessed are You, God, Creator of man.May the barren one rejoice and exult as her children are gathered to her with joy. Blessed are You, God, who makes Zion rejoice in her children.11Grant joy to these loving companions, as You granted joy to Your creation in the Garden of Eden long ago. Blessed are You, God, who grants joy to the groom and the bride.12Blessed are You, God, our Lord, King of the universe, who created joy and happiness, bride and groom, gladness, song, cheer and delight, love and harmony, peace and friendship. Soon, God, our Lord, may there be heard in the cities of Judah and the outskirts of Jerusalem, a voice of joy and a voice of happiness, a voice of a groom and a voice of a bride, a voice of grooms rejoicing from their wedding canopies and youths from their songfests.13Blessed are You, God, who grants joy to the groom together with the bride.14
Halacha 4
If wine is available, a cup of wine should be brought, and the blessing over wine recited first. Afterwards, all the above blessings should be recited over the cup of wine; thus, one recites seven blessings.15
In certain places, it is customary to bring a myrtle [branch] together with the wine. The blessing over the myrtle is recited after [the blessing over] the wine, and then the six blessings [mentioned above] are recited.
Halacha 5
The wedding blessings are recited only in the presence of a quorum of ten adult free men.16 The groom is counted as part of the quorum.
Halacha 6
When a man consecrates a woman, recites the wedding blessings, but does not enter into privacy with her in his home, she is still considered to be [merely] anarusah. For nisu'in are not established by the recitation of the wedding blessings, but rather by [the couple's] entry into the chuppah.
When [a man] consecrates [a woman] and [the two] enter a chuppah, but do not have the wedding blessings recited, the woman is considered to be married with regard to all matters. The wedding blessings may be recited even after several days have passed.
A woman in the niddah state should not marry until she is purified. The marriage blessings are not recited for her until she is purified.17 If a person transgresses, marries [a woman in this state] and has the blessings recited, they should not be recited again afterwards.
Halacha 7
[A man] must write a marriage contract (a ketubah) [for his wife] before their entry into the chuppah; only afterwards is he permitted to live with his wife. The groom pays the scribe's fee.
How much does [the marriage contract require him to promise to have paid to her in the event of his death or his divorcing her]? If the bride is a virgin, no less than 200 dinarim. If she is not a virgin, no less than 100 dinarim.18 This amount is called the fundamental requirement of the ketubah.
If the groom desires to add to this amount he may, [promising any sum,] even a talent of gold. The laws pertaining to this addition and to the fundamental requirement of the ketubah are the same with regard to most matters. Therefore, every time the term ketubah is used without any additional explanation, it should be understood to include the fundamental requirement of the ketubah together with the additional amount [promised by the groom].
Halacha 8
[Our Sages] did not require that these dinarim be of pure silver. Instead, [their intent was] the coin [commonly used] in the [Talmudic] period, which was seven parts copper and one part silver. Thus, a sela (a coin worth four dinarim) contained half a zuz of [pure] silver.21 And the 200 dinarim to be paid a virgin were equivalent to 25 zuz of pure silver, while the 100 zuz to be paid to a woman who had previously engaged in sexual relations was 12 and a half zuz[of pure silver].
The weight of each zuz is 96 barley corns, as explained at the beginning of[Hilchot] Eruvin.22 A dinar is universally referred to as a zuz, regardless of whether it was of pure silver or of the coins used in the [Talmudic] period.
Halacha 9
[A marriage contract] for a virgin may not be less than 200 [zuz], nor less than 100 [zuz] for a woman who is not a virgin. Whenever anyone [composes a marriage contract for] a lesser sum, the sexual relations [he conducts with his wife] are considered promiscuous.
[Marital relations] are permitted whether the husband composes a legal document [recording] the ketubah, or whether he has witnesses observe him making a commitment for either 100 or 200 [zuz] and [reaffirms that] commitment with a contractual act.23 Similarly, if [a man] gives his wife possessions equivalent to the value of her ketubah [as security], he is permitted to engage in relations with her until he has the opportunity to [have the document] composed.24
Halacha 10
When a man brings a woman [into a chuppah] without writing a ketubah for her, or he has written her a ketubah but it was lost, or the woman waived theketubah in favor of her husband, or she sold her ketubah to him, he must compose a document [obligating himself] for [at least] the fundamental requirement of the ketubah25 if he desires to continue living with his wife. For it is forbidden for a man to continue living with his wife for even a single moment without [her having] a ketubah.
When, however, a woman sells her ketubah to others for the possible benefit,26[her husband] does not have to write another ketubah for her. For the ketubahwas instituted solely so that it would not be a casual matter for [a man] to divorce [his wife]. In this instance, if [the woman's husband] divorces her, he must pay her ketubah to the purchaser in the same way that he would pay her if she had not sold it.
Halacha 11
When [a man] consecrates a woman and writes her a ketubah, but does not enter into a chuppah with her, her status is that of an arusah and not that of anesu'ah. For a ketubah does not bring about nisu'in. If [the husband] dies or divorces her, she may collect the fundamental requirement of the ketubah from property possessed by the man or his estate.27 She does not collect the additional sum [that he attached to the ketubah] at all, for they did not enter [achuppah].28
If, by contrast, a man consecrates a woman and does not write a ketubah for her, and he dies or divorces her while she is still an arusah, she has no claim against him, not even for the fundamental [requirement of the ketubah]. For our Sages did not grant [a woman] the fundamental requirement of the ketubahuntil the marriage is consummated or until the husband writes a document for her.29
When a man consecrates his daughter, and [her intended husband] writes her a ketubah and dies or divorces her while she is a na'arah, her father receives [payment for] her ketubah, as explained in Chapter Three30 above.
Halacha 12
Similarly, our Sages ordained that whoever weds a virgin should celebrate with her for seven days.31 He should not pursue his occupation, nor should he involve himself in commercial dealings; he should eat, drink and celebrate.32[This ruling applies] regardless of whether the groom had been married before or not.
If the bride is not a virgin, [he should celebrate with her] for no less than three days. For it is an ordinance of our Sages that a husband - regardless of whether he was married before or not - should celebrate with a non-virgin bride for three days.33
Halacha 13
A man may wed several women at one time on one day and recite the marriage blessings for all of them at the same time. With regard to the celebrations, however, he must rejoice with each bride the time allotted to her: seven days for a virgin, three days for a non-virgin. One celebration should not be allowed to overlap with another.34
Halacha 14
It is permitted to consecrate a woman on any weekday,35 even on Tish'ah B'Av,36 whether during the day or during the night. With regard to weddings, by contrast, a wedding is not conducted on a Friday37 or a Sunday. [This is] a decree, [ordained] lest conducting the wedding feast lead to the desecration of the Sabbath, for a groom is preoccupied with the wedding feast. Needless to say, a wedding is not conducted on the Sabbath.38
Even on Chol HaMo'ed weddings are not held, as we have explained,39 for one celebration should not be mixed with another, as [implied by Genesis 29:27]: "Complete the week [of celebration] of this one and then I will give you this other one."
On other days, it is permitted to wed a woman on any day one desires, provided one spends three days preparing for the wedding feast.
Halacha 15
In a locale where the court holds session only on Monday and Thursday, a virgin bride should be wed on Wednesday. Thus, if her husband has a claim with regard to her virginity,40 he can take it to the court early the next morning.41
It is the custom of the Sages that a man who weds a non-virgin bride should wed her on Thursday, so that he will celebrate with her on Thursday, Friday and the Sabbath.42 On Sunday, he will go back to work.
Halacha 16
Halacha 17
If a man consecrated [a girl], delayed several years, and seeks to wed her while she is a na'arah, the girl is given twelve months from the day he makes his request, to outfit herself45and prepare what she needs for him. Only afterwards, must she wed.
If he makes his request after she becomes a bogeret, she is given twelve months from the day she becomes a bogeret. Similarly, if he consecrates her on the day on which she becomes a bogeret, she is given twelve months from the day of the kiddushin - i.e., the day on which she became a bogeret.
When he consecrates her after she has become a bogeret, if more than twelve months have passed from the time she became a bogeret until he consecrates her, she is given only 30 days from the day he requests to wed her [to prepare]. Similarly, when a man consecrates a non-virgin bride,46 she is given 30 days [to prepare] from the day he requests to wed her.
Halacha 18
Just as a woman is given time to outfit herself after her groom requests to wed her and then the wedding is held, so too, time is granted to the man to prepare himself47 if the woman requests the wedding to be held.
How much time is granted him? The same as is granted her. If [she would be granted] twelve months, [he is granted] twelve months. If [she would be granted] thirty days, [he is granted] thirty days.48
Halacha 19
When the time allotted to the man passes and he still has not wed his arusah, he is obligated to provide her livelihood, although they have not wed. [Nevertheless,] if [the final day in] the time allotted him falls on Sunday or Friday, he is not liable for her livelihood on that day, for the wedding cannot be held then.49 Similarly, if he or she falls ill or she enters the niddah state at the conclusion of the time allotted him, he is not obligated to provide her with her livelihood. For she is not fit to wed until she purifies herself,50 or until she becomes healthy. Similarly, he is not able to wed a woman until he regains his health.
| FOOTNOTES | |
| 1. |
Indeed, the two are forbidden to remain in privacy together. For the prohibition against yichud, being alone with a woman other than one's wife, applies until the marriage is consummated (Ramah, Even HaEzer 55:1).
|
| 2. |
This is alluded to by the wording of the blessing recited before consecrating a woman (Chapter 3, Halachah 24), which praises God "who has forbidden the arusot to us, and permitted to us those who are married by [the rites of] chuppah and kiddushin" (Kessef Mishneh).
|
| 3. |
Popularly, the term chuppah is understood to refer to the wedding canopy. There are also sources for this definition (see Sotah 49b and Rashi's commentary; for other definitions, see the notes of the Ramah, Even HaEzer 55:1). Nevertheless, the common practice is to follow the Rambam's view as well. For this reason, after the ceremony under the wedding canopy, the bride and groom go to a private room, the cheder yichud. This constitutes the halachic definition ofchuppah.
|
| 4. |
As mentioned previously, in Jewish law, marriage is a two-stage process involving erusin andnisu'in. Erusin (also referred to as kiddushin) is the stage described in the previous chapters, that causes a woman to be designated as a man's wife and causes her to be forbidden to other men. It is not until nisu'in, however, that the couple begins living together as man and wife. At present,nisu'in follows directly after erusin; under the wedding canopy the groom consecrates the bride, and afterwards they go to a private room.
|
| 5. |
I.e., all the privileges and obligations of the ketubah (marriage contract) apply. He alone nullifies her vows, and if he is a priest, should his wife die, he must become impure when burying her.
|
| 6. |
This ruling is not accepted by Rabbenu Asher and other authorities. They maintain that a chuppahconducted with a niddah is binding, despite the fact that the couple are forbidden to engage in sexual relations. (See Tur and Shulchan Aruch 61:1.) At present, every effort is made to schedule a wedding so that the woman will not be in the niddah state at that time. If, however, that is not possible, the wedding is held and is considered binding, despite the woman's condition.
|
| 7. |
This applied when the wedding celebrations were held in the groom's home. The intent is that the blessings be recited before the complete establishment of the marriage bond. Therefore, at present, these blessings are recited under the marriage canopy, before the couple goes to their private room.
|
| 8. |
Rashi (Ketubot 7b) explains that this blessing is in praise of the creation of Adam, the first man.
In Hilchot Berachot 10:11, where the text of the wedding blessings is mentioned, this blessing precedes the blessing "who has created all things for His glory." The order mentioned in these halachot is the sequence in which these blessings are recited today. It appears more appropriate, particularly according to Rashi's commentary (ibid.), which explains that the blessing "who has created all things..." is not directly connected to the wedding itself, but rather is recited in appreciation of the guests who have come to celebrate together with the new couple.
|
| 9. |
Despite the fact that this blessing follows two (or three) blessings that begin with "Blessed..." it also begins with "Blessed...." Among the explanations offered is that the first blessings are short, and if the phrase "Blessed..." were not mentioned, they would appear to be a single blessing (Tosafot, Ketubot, ibid.).
|
| 10. |
Rashi (ibid.) interprets this as a reference to the creation of woman, who was created from man ("his own self"), and gives him the potential for reproduction ("a structure that will last for all time").
|
| 11. |
"The barren one" refers to Jerusalem. Psalms 137:6 states: "Let my tongue cleave to my palate if I do not place Jerusalem above my highest joy." Thus, at the height of the wedding celebration, we recall the holy city and pray that it be rebuilt.
|
| 12. |
This is a prayer that the bride and groom enjoy the happiness experienced by Adam and Eve before the first sin.
|
| 13. |
Cf. Jeremiah 33:11. This blessing joins our wishes for the happiness of the particular couple with our hope for the Messianic redemption and the rebuilding of Jerusalem. The ultimate marriage relationship is the bond between God and the Jewish people, which will be realized in the Messianic age. Thus, the two themes, marriage and redemption, share an intrinsic link.
|
| 14. |
Rashi, Ketubot 8a, explains the difference between the last two blessings. The fifth of the blessings concludes with a request that the bride and groom enjoy a lifetime of happiness and success together. The sixth and final blessing concludes with a request that they find happiness in each other, that their wedding joy be extended throughout their lives. Alternatively, the final blessing is a blessing for the Jewish people as a whole, who find fulfillment in married life.
|
| 15. |
These seven blessings are also recited after grace at the festive meals held during the seven days of celebration after a couple's marriage. (See Hilchot Berachot 2:9-11.)
|
| 16. |
Ketubot 7b derives this from Ruth 4:2, "And he took ten men from the elders of the city," which is interpreted to refer to the marriage between Boaz and Ruth.
In the Guide for the Perplexed, Vol. III, Chapter 49, the Rambam explains that our Sages required ten men to be present to publicize all weddings, so that a man will live together with a woman only after their marriage has become public knowledge. Their intent was to make it socially unacceptable for couples to live together without marriage.
|
| 17. |
As mentioned in the notes on Halachah 2, although all efforts are made not to schedule a marriage when the woman is in the niddah state, if this is unavoidable the wedding may be held and the blessings recited. Nevertheless, the consummation of the marriage is possible only when the woman is purified.
|
| 18. |
Rav Ovadiah of Bertinoro (Pe'ah 8:8) states that this is the sum of money required for a person to support himself for one year.
|
| 19. |
This point is a matter of debate, for there are certain opinions (among them that of Rabbenu Tam) that maintain that the obligation to pay the fundamental requirement of the ketubah stems from the Torah. Support for the latter opinion may be drawn from the wording commonly used in most Ashkenazic ketubot "200 silver zuz that are rightfully yours [as required by] the Torah." [Significantly, even the text of the ketubah in the standard printed texts of the Mishneh Torah(Hilchot Yibbum VaChalitzah 4:34) includes this phrase. Nevertheless, many authorities maintain that this is a printer's addition and not the Rambam's own words.]
Most authorities (including Rabbenu Asher) agree that the obligation to pay the fundamental requirement of the Ketubah is Rabbinic in origin. Nevertheless, the abovementioned phrase is traditionally included in the ketubah to teach us the value of the silver to which we are referring, as is explained in the notes on the following halachah.
|
| 20. |
I.e., when the man understands that divorcing his wife will cost him a significant sum of money, he will think twice before doing so.
|
| 21. |
The Ashkenazic authorities (even those who agree with the Rambam with regard to the Rabbinic origin of the fundamental requirement of the ketubah) differ with him regarding the value the man is required to pay [Tur, Ramah (Even HaEzer 66:6)]. According to these authorities, our Sages ordained that a man pay his virgin bride 200 zuz of pure silver. With regard to a bride who is not a virgin, however, they differ and maintain that the obligation is 100 zuz of the Talmudic period. In practice, however, the custom is to give such a bride half the sum given to a virgin (Beit Shmuel66:14).
|
| 22. |
Chapter 1, Halachah 12. According to most authorities, the equivalent of a dinar in contemporary measure is 4.8 grams. According to Rabbi Shneur Zalman of Liadi (Piskei Siddur), it is 5.1 grams.
|
| 23. |
I.e., a kinyan chalifin, in which the recipient gives the seller a handkerchief and thus reaffirms his commitment. After this act, the transaction is binding. (See Hilchot Mechirah 5:5.)
Once a person reaffirms his commitment by performing a contractual act in the presence of witnesses, the witnesses have the right to draw up a document attesting to the obligation he accepted upon himself. They need not consult him before doing so (Ketubot 55a).
|
| 24. |
Implied by the Rambam's wording is that this is only a temporary measure, and that a ketubahmust be composed at the earliest possible opportunity. (See Ramah, Even HaEzer 66:2.)
|
| 25. |
I.e., he does not have to give her the full value of her original ketubah. He must, however, give her a ketubah in which he obligates himself for the minimal amount required by our Sages. Note theBeit Shmuel 66:10, who questions whether he must write the ketubah for 100 or 200 zuz.
The Beit Shmuel (op. cit.) and the Chelkat Mechokek 66:14 state that the man is obligated for the minimal amount only in the latter two instances mentioned by the Rambam. When the woman loses her ketubah, her husband must write her a new ketubah for the initial amount.
|
| 26. |
I.e., she sells the rights to her ketubah to a purchaser for a price below its face value. Should her husband die or divorce her, the purchaser receives the full value of the ketubah. If the woman dies before her husband, the purchaser does not receive anything.
|
| 27. |
I.e., after a marriage has been consummated, a woman may collect her due even from property that has been sold, for all her husband's property is on lien to her ketubah. Before the marriage bond is consummated, however, she does not have this right (Ketubot 43b).
Rabbenu Asher and Rabbenu Nissim differ with the Rambam in this regard and maintain that the woman should be able to collect her ketubah from property that has been sold as well. TheShulchan Aruch (Even HaEzer 55:6) follows the Rambam's view.
|
| 28. |
Ketubot 54b explains that the additional amount was granted the woman in consideration of the couple's sexual relationship.
|
| 29. |
In this matter as well, Rabbenu Asher differs with the Rambam and maintains that a woman is entitled to a ketubah from erusin onward. The Shulchan Aruch (ibid.) quotes the Rambam's view. Although the Ramah mentions Rabbenu Asher's opinion, he states that it is customary to follow the Rambam's ruling.
|
| 30. |
Halachah 11.
|
| 31. |
Hilchot Eivel 1:1 states that Moses ordained the seven days of mourning and the seven days of wedding celebrations for the Jewish people.
|
| 32. |
During these days, it is customary for the friends and family of the bride and groom to host them at celebrations referred to as sheva berachot ("seven blessings") for the seven wedding blessings recited after the meal at these celebrations, as explained in Hilchot Berachot, Chapter 2.
|
| 33. |
The Maggid Mishneh states that if the groom was not married previously, he should celebrate with his bride for seven days even when she had been married before. He draws support from Hilchot Berachot 2:9, which states that in such an instance the seven wedding blessings are recited for the week following the wedding.
|
| 34. |
See Halachah 14, which explains the source for this ruling.
|
| 35. |
Even during Chol Hamo'ed (Hilchot Sh'vitat Yom Tov 7:16).
|
| 36. |
The mourning customs of that day do not prevent one from consecrating a wife. The rationale: another man may consecrate the woman instead of him (Jerusalem Talmud, Ketubot 1:1).
|
| 37. |
Although many of the early Sephardi authorities object, the Shulchan Aruch (Even HaEzer 64:3, based on the ruling of the Tur) states that in the present age, it is customary to hold weddings on Friday, provided the groom spends three days preparing for the wedding feast.
(A wedding may be held on Sunday or Monday. The fact that the Sabbath is interposed in between does not mean that three days were not spent in preparation for the wedding.)
|
| 38. |
With regard to weddings on the Sabbath, there is an additional reason for the prohibition. A wedding involves a kinyan, the acquisition of the rights of the marriage contract, and it is forbidden to make a kinyan on the Sabbath (Hilchot Shabbat 23:14).
|
| 39. |
Hilchot Sh'vitat Yom Tov, loc. cit.
|
| 40. |
This subject is discussed in detail in the following chapter.
|
| 41. |
Our Sages desired that he take the matter to court so the matter be investigated, lest the bride had in fact committed adultery (for in the Talmudic age, erusin preceded nisu'in). If the wedding were held on another day, our Sages feared that in the time the husband was waiting for the court to hold sessions, his wife would soothe his anger (Rashi, Ketubot 2a).
|
| 42. |
Since the wedding blessings are recited for only one day when both the bride and the groom have been married before, our Sages feared that the man would ignore his wife on the day following their wedding and immediately return to work. To prevent this, they suggested that the wedding be held on Thursday. For the husband will not consider going to work on Friday and the Sabbath (Ibid.).
|
| 43. |
I.e., if the husband forces the bride to agree, the wedding is binding. The Drishah (Even HaEzer56) interprets the Rambam's wording to mean that the father desires to have his daughter wed before she comes of age. Some maintain that there is a slight printing error in the standard text of the Mishneh Torah, and the proper version is "if they desire" - i.e., the bride and her father. (SeeChelkat Mechokek 56:6.)
|
| 44. |
Instead, the father should wait until his daughter comes of age and willingly agrees to marry her spouse. (See Chapter 3, Halachah 19.)
|
| 45. |
I.e., to buy garments and jewelry (Ketubot 57b).
|
| 46. |
I.e., even if she is not yet a bogeret. The Maggid Mishneh and others explain that the Rambam is referring to a widow who is consecrated. (Therefore, she is given only 30 days, for she had already prepared herself for her first marriage.) He uses the term "non-virgin" to exclude a bride who had previously been widowed after consecration, but had never wed.
|
| 47. |
I.e., to prepare for the wedding celebrations and to prepare a home and furnishings.
|
| 48. |
The Maggid Mishneh states that the Rambam's wording implies that everything depends on the woman's status. If she would be given twelve months to prepare herself, her husband is given that amount of time. The Jerusalem Talmud (Ketubot 5:3) states that it is his status that is the determining factor: if he has never been married, he is given twelve months. If he is a widower, he is given thirty days. The Tur (Even HaEzer 56) follows that position.
|
| 49. |
See Halachah 14. With regard to this and the other examples that follow, the rationale is that since he is prevented by forces beyond his control from wedding her, he is not liable. Note the Ramah (Even HaEzer 56:3), who states that if the man voluntarily delays the wedding and thus, becomes obligated to support his arusah, he must continue to support her even if she falls ill, and the wedding must be postponed because of her illness.
|
| 50. |
See Halachah 2.
|
• Adar 5, 5775 · 02/24/2015
"Today's Day"
Torah lessons: Chumash: T'ruma, Revi'i with Rashi.
Tehillim: 29-34.
Tanya: For there are (p. 117)...forth on high. (p. 119).
There is not the vaguest shadow of doubt that, wherever our feet tread, it is all in order to cleanse and purify the world with words of Torah and tefilla (prayer). We, all of Israel, are emissaries of G-d, each of us as Divine Providence has decreed for us. None of us is free from this sacred task placed on our shoulders.
Friday Adar Sheini 5 5703
Torah lessons: Chumash: P'kudei, Shishi with Rashi.
Tehillim: 29-34.
Tanya: To quote, by (p. 157)...quotation ends here. (p. 157).
Studying Talmud and related works, studying Chassidus, and actual avoda, are all imperative. Not only can there be no thought of one superseding or being superseded by the other, on the contrary, their relationship is symbiotic, mutually enriching: An ignorant person cannot be a chassid,1 so the study of Talmud and halacha is an absolute necessity. Who is a chassid? He who conducts himself with piety toward his Creator,2 so there must be the study of Chassidus, and the ultimate purpose of all study is, after all, actual avoda.
FOOTNOTES
1. Avot 2:5.
2. The simple meaning: One who serves G-d beyond the requirements of the law,b'hidur, performing Torah and mitzvot with more depth, more vitality; for this, study of Chassidus is essential. (See also Kislev 14, for a more profound, mystical meaning of "Who is a chassid etc...").
Daily Thought:
This Is Good
"Who is rich? He who is satisfied with his lot." (Pirke Avot 4:1)
With each event of life, you have a choice:
You can complain that you didn’t get what you deserve.
Or you can have faith that the One above, who is good and provides only good, is taking care of your life in its every detail…
…because what you understand is only a small good, but what you cannot understand is good beyond your understanding;
…because all that you encounter is but another step in your mission to repair this world…
…because nothing in G‑d’s world can truly be bad, everything He created only carries us upward…
…and then you are rich.
Wealth, it turns out, is all a matter of interpretation.[5742 volume 3 page 1662.]
____________________________
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