Today in Jewish History:
• Passing of Rabbi Chaim Mordechai Maroglis (c.1823)
Rabbi Chaim Mordechai Maroglis first served as rabbi in Brestitzki, Poland, and later in Dubno, Poland/Ukraine. He is the author of a digest of halachic responsa written after the publication of the Code of Jewish Law, known as “Shaarei Teshuvah.” This work can be found in the margins of most prints of the Code of Jewish Law.
Daily Quote:
One who studies Torah but does not review his learning, is like one who sows but doesn't reap[Yalkut Shimoni, Joshua 1]
Daily Study
Chitas and Rambam for today:
Chumash: Yitro, 5th Portion Exodus 19:7-19:19 with Rashi
• Chapter 19
7. Moses came and summoned the elders of Israel and placed before them all these words that the Lord had commanded him. ז. וַיָּבֹא משֶׁה וַיִּקְרָא לְזִקְנֵי הָעָם וַיָּשֶׂם לִפְנֵיהֶם אֵת כָּל הַדְּבָרִים הָאֵלֶּה אֲשֶׁר צִוָּהוּ יְהוָֹה:
8. And all the people replied in unison and said, "All that the Lord has spoken we shall do!" and Moses took the words of the people back to the Lord. ח. וַיַּעֲנוּ כָל הָעָם יַחְדָּו וַיֹּאמְרוּ כֹּל אֲשֶׁר דִּבֶּר יְהוָֹה נַעֲשֶׂה וַיָּשֶׁב משֶׁה אֶת דִּבְרֵי הָעָם אֶל יְהוָֹה:
and Moses took the words of the people back…: on the next day, which was the third day, for he ascended early in the morning (Shab. 86a). Did Moses [really] have to [bring back to God an] answer? Rather, the text comes to teach you etiquette from Moses-he did not say, “Since He Who sent me knows, I do not have to reply.” -[from Mechilta] וישב משה את דברי העם וגו': ביום המחרת, שהוא יום שלישי, שהרי בהשכמה עלה. וכי צריך היה משה להשיב, אלא בא הכתוב ללמדך דרך ארץ ממשה שלא אמר, הואיל ויודע מי ששלחני, איני צריך להשיב:
9. And the Lord said to Moses, "Behold, I am coming to you in the thickness of the cloud, in order that the people hear when I speak to you, and they will also believe in you forever." And Moses relayed the words of the people to the Lord. ט. וַיֹּאמֶר יְהֹוָה אֶל משֶׁה הִנֵּה אָנֹכִי בָּא אֵלֶיךָ בְּעַב הֶעָנָן בַּעֲבוּר יִשְׁמַע הָעָם בְּדַבְּרִי עִמָּךְ וְגַם בְּךָ יַאֲמִינוּ לְעוֹלָם וַיַּגֵּד משֶׁה אֶת דִּבְרֵי הָעָם אֶל יְהוָֹה:
in the thickness of the cloud: Heb. בְּעַב הֶעָנָן, in the thickness of the cloud, and that is the opaque darkness (עִרָפֶל) [mentioned in Exod. 20:18]. — [from Mechilta] בעב הענן: במעבה הענן וזהו ערפל:
and…in you forever: Also in the prophets who will follow you. — [from Mechilta] וגם בך: גם בנביאים הבאים אחריך:
And Moses relayed, etc: on the following day, which was the fourth day of the month. — [from Jonathan] ויגד משה וגו': ביום המחרת שהוא רביעי לחודש:
the words of the people, etc.: [Namely] a response to this statement I have heard from them [the Israelites], that they want to hear [directly] from You. [They maintain that] there is no comparison between one who hears [a message] from the mouth of the messenger and one who hears [it] from the mouth of the king [himself]. [They say,] “We want to see our King!” -[from Mechilta] את דברי העם וגו': תשובה על דבר זה שמעתי מהם שרצונם לשמוע ממך אינו דומה השומע מפי השליח לשומע מפי המלך, רצוננו לראות את מלכנו:
10. And the Lord said to Moses, "Go to the people and prepare them today and tomorrow, and they shall wash their garments. י. וַיֹּאמֶר יְהוָֹה אֶל משֶׁה לֵךְ אֶל הָעָם וְקִדַּשְׁתָּם הַיּוֹם וּמָחָר וְכִבְּסוּ שִׂמְלֹתָם:
And the Lord said to Moses: If [it is] true that they compel [Me] to speak with them, go to the people. ויאמר ה' אל משה: אם כן, שמזקיקין לדבר עמם, לך אל העם:
and prepare them: Heb. וְקִדַָּשְׁךְתָּם, and you shall prepare them (Mechilta), that they should prepare themselves today and tomorrow. וקדשתם: וזימנתם, שיכינו עצמם היום ומחר:
11. And they shall be prepared for the third day, for on the third day, the Lord will descend before the eyes of all the people upon Mount Sinai. יא. וְהָיוּ נְכֹנִים לַיּוֹם הַשְּׁלִישִׁי כִּי | בַּיּוֹם הַשְּׁלִשִׁי יֵרֵד יְהוָֹה לְעֵינֵי כָל הָעָם עַל הַר סִינָי:
And they shall be prepared: Separated from women. — [from Mechilta] והיו נכנים: מובדלים מאשה:
for on the third day: which is the sixth of the month, and on the fifth [of the month], Moses built the altar at the foot of the mountain, and the twelve monuments, the entire episode stated in the section of וְאֵלֶה הַמִּשְׁפָּטִים (Exod. 24), but there is no sequence of earlier and later incidents in the Torah. — from Mechilta] ליום השלישי: שהוא ששה בחדש. ובחמישי בנה משה את המזבח תחת ההר ושתים עשרה מצבה, כל הענין האמור בפרשת ואלה המשפטים, (שמות כד ד) ואין מוקדם ומאוחר בתורה:
before the eyes of all the people: [This] teaches [us] that there were no blind [persons] among them, for they were all cured. — [from Mechilta] לעיני כל העם: מלמד שלא היה בהם סומא, שנתרפאו כולם:
12. And you shall set boundaries for the people around, saying, Beware of ascending the mountain or touching its edge; whoever touches the mountain shall surely be put to death.' יב. וְהִגְבַּלְתָּ אֶת הָעָם סָבִיב לֵאמֹר הִשָּׁמְרוּ לָכֶם עֲלוֹת בָּהָר וּנְגֹעַ בְּקָצֵהוּ כָּל הַנֹּגֵעַ בָּהָר מוֹת יוּמָת:
And you shall set boundaries: Set boundaries for them as a sign that they should not come nearer [to the mountain] than the boundary. והגבלת: קבע להם תחומין לסימן, שלא יקרבו מן הגבול והלאה:
saying: The boundary says to them, “Beware of going up from here on,” and you shall warn them about it. לאמר: הגבול אומר להם, השמרו מעלות מכאן והלאה, ואתה תזהירם על כך:
or touching its edge: Even the edge of it. ונגע בקצהו: אפילו בקצהו:
13. No hand shall touch it, for he shall be stoned or cast down; whether man or beast, he shall not live. When the ram's horn sounds a long, drawn out blast, they may ascend the mountain." יג. לֹא תִגַּע בּוֹ יָד כִּי סָקוֹל יִסָּקֵל אוֹ יָרֹה יִיָּרֶה אִם בְּהֵמָה אִם אִישׁ לֹא יִחְיֶה בִּמְשֹׁךְ הַיֹּבֵל הֵמָּה יַעֲלוּ בָהָר:
or cast down: From here [it is derived] that those liable to death by stoning are [first] cast down from the stoning place, which was as high as two heights [of a man]. — [from Sanh. 45a] cast down-Heb. יִיָרֶה, shall be ירה יירה: מכאן לנסקלין שהם נדחין למטה מבית הסקילה, שהיה גבוה שתי קומות:
cast down: to the earth, like “He cast (יָרָה) into the sea” (Exod. 15:4). יירה: יושלך למטה לארץ, כמו (שמות טו ד) ירה בים:
When the ram’s horn sounds a long, drawn-out blast: When the ram’s horn sounds a long, drawn-out blast,this is the sign of the Shechinah’s withdrawal and the cessation of the voice [of God]. As soon as the Shechinah withdraws, they are permitted to ascend [the mountain]. — [from Mechilta] במשך היבל: כשימשוך היובל קול ארוך הוא סימן סלוק שכינה והפסקת הקול, וכיון שנסתלק הם רשאין לעלות:
the ram’s horn: Heb. הַיוֹבֵל. That is a shofar of a ram, for in Arabia, they call a ram “yuvla.” And this shofar was from Isaac’s ram [the ram that Abraham sacrificed instead of Isaac]. (Pirkei d’Rabbi Eliezer, ch. 31). היבל: הוא שופר של איל, שכן בערביא קורין לדכרא יובלא, ושופר של אילו של יצחק היה:
14. So Moses descended from the mountain to the people, and he prepared the people, and they washed their garments. יד. וַיֵּרֶד משֶׁה מִן הָהָר אֶל הָעָם וַיְקַדֵּשׁ אֶת הָעָם וַיְכַבְּסוּ שִׂמְלֹתָם:
from the mountain to the people: [This] teaches [us] that Moses did not turn to his [own] affairs, but [went directly] from the mountain to the people. — [from Mechilta] מן ההר אל העם: מלמד שלא היה משה פונה לעסקיו אלא מן ההר אל העם:
15. He said to the people, "Be ready for three days; do not go near a woman." טו. וַיֹּאמֶר אֶל הָעָם הֱיוּ נְכֹנִים לִשְׁלשֶׁת יָמִים אַל תִּגְּשׁוּ אֶל אִשָּׁה:
Be ready for three days: For the end of three days. That is the fourth day, for Moses added one day of his own volition. This is the view of Rabbi Jose [who says that the Torah was given on the seventh of Sivan]. According to the one who says that the Ten Commandments were given on the sixth of the month, however, Moses did not add anything, and “for three days” has the same meaning as “for the third day.” [from Shab. 87a] היו נכנים לשלשת ימים: לסוף שלושה ימים, הוא יום רביעי שהוסיף משה יום אחד מדעתו, כדברי רבי יוסי, ולדברי האומר בששה בחדש ניתנו עשרת הדברות לא הוסיף משה כלום. לשלשת ימים, כמו (פסוק יא) ליום השלישי:
do not go near a woman: [to have intimacy with her] for all these three days [of preparation], in order that the women may immerse themselves on the third day and be pure to receive the Torah. If they have intercourse within the three days, the woman could [involuntarily] emit semen after her immersion and become unclean again. After three days have elapsed [since intercourse], however, the semen has already become putrid and is no longer capable of fertilization, so it is pure from contaminating the [woman] who emits it. — [from Shab. 86a] אל תגשו אל אשה: כל שלושת ימים הללו כדי שיהו הנשים טובלות ליום השלישי ותהיינה טהורות לקבל תורה שאם ישמשו תוך שלשת ימים, שמא תפלוט האשה שכבת זרע לאחר טבילתה ותחזור ותטמא, אבל מששהתה שלושה ימים כבר הזרע מסריח ואינו ראוי להזריע וטהור מלטמא את הפולטת:
16. It came to pass on the third day when it was morning, that there were thunder claps and lightning flashes, and a thick cloud was upon the mountain, and a very powerful blast of a shofar, and the entire nation that was in the camp shuddered. טז. וַיְהִי בַיּוֹם הַשְּׁלִישִׁי בִּהְיֹת הַבֹּקֶר וַיְהִי קֹלֹת וּבְרָקִים וְעָנָן כָּבֵד עַל הָהָר וְקֹל שֹׁפָר חָזָק מְאֹד וַיֶּחֱרַד כָּל הָעָם אֲשֶׁר בַּמַּחֲנֶה:
when it was morning: [This] teaches [us] that He preceded them [on Mount Sinai], which is unconventional for a flesh and blood person to do, [i.e.,] having the teacher wait for the pupil. And so we find in Ezekiel (3:22, 23), “‘Arise, go out to the plain, etc.’ So I arose and went out to the plain, and behold, there the glory of the Lord was standing.” -[from unknown Midrashic source] בהית הבקר: מלמד שהקדים על ידם מה שאין דרך בשר ודם לעשות כן, שיהא הרב ממתין לתלמיד, וכן מצינו ביחזקאל (יחזקאל ג כב) קום צא אל הבקעה וגו', (שם כג) ואקום ואצא אל הבקעה והנה שם כבוד ה' עומד:
17. Moses brought the people out toward God from the camp, and they stood at the bottom of the mountain. יז. וַיּוֹצֵא משֶׁה אֶת הָעָם לִקְרַאת הָאֱלֹהִים מִן הַמַּחֲנֶה וַיִּתְיַצְּבוּ בְּתַחְתִּית הָהָר:
toward God: [This expression] tells [us] that the Shechinah came out toward them like a bridegroom going out toward a bride. This is [the meaning of] what is stated: “The Lord came from Sinai” (Deut. 33:2), and it does not say, “came to Sinai.” -[from Mechilta] לקראת הא-להים: מגיד שהשכינה יצאה לקראתם, כחתן היוצא לקראת כלה, וזהו שנאמר (דברים לג ב) ה' מסיני בא, ולא נאמר לסיני בא:
at the bottom of the mountain: According to its simple meaning, at the foot of the mountain. Its midrashic interpretation is, however, that the mountain was uprooted from its place and turned over them like a vat. — [from Shab. 88a] בתחתית ההר: לפי פשוטו ברגלי ההר. ומדרשו שנתלש ההר ממקומו ונכפה עליהם כגיגית:
18. And the entire Mount Sinai smoked because the Lord had descended upon it in fire, and its smoke ascended like the smoke of the kiln, and the entire mountain quaked violently. יח. וְהַר סִינַי עָשַׁן כֻּלּוֹ מִפְּנֵי אֲשֶׁר יָרַד עָלָיו יְהוָֹה בָּאֵשׁ וַיַּעַל עֲשָׁנוֹ כְּעֶשֶׁן הַכִּבְשָׁן וַיֶּחֱרַד כָּל הָהָר מְאֹד:
the entire Mount Sinai smoked: Heb. עָשַׁן. This word עָשַׁן is not a noun, because the “shin” is vowelized with a “pattach.” But [it is] the past tense of a [singular] verb in the form פָּעַל, like אָמַר, said, שָׁמַר, watched, שָׁמַע, heard. Therefore, its targum is ךְתָּנַן כּוֹלֵית, and [Onkelos] did not translate ךְתְּנָנָא [which would mean: was all smoke]. All [instances of] עָשָׁן in Scriptures are vowelized with a “kamatz” because they are nouns. עשן כלו: אין עשן זה שם דבר, שהרי נקוד השי"ן פת"ח, אלא לשון פעל, כמו אמר, שמר, שמע, לכך תרגומו תנן כוליה, ולא תרגם תננא, וכל עשן שבמקרא נקודים קמ"ץ מפני שהם שם דבר:
the kiln: [used for the baking] of lime. I could think that it means [Mount Sinai smoked] like the kiln and no more. Therefore, [to clarify this,] Scripture states: “[the mountain was] blazing with fire up to the heart of the heaven” (Deut. 4:11) [meaning that the fire was far greater than in a lime kiln]. Why then does the Torah say "kiln"? In order to explain to the [human] ear what it is able to hear, [i.e., to give the reader a picture that can be imagined]. He gives the creatures [humans] a sign familiar to them. Similar to this [is the description in reference to God:] “He shall roar like a lion” (Hos. 11:10). Who but Him gave strength to the lion? Yet the Scriptures compare Him to a lion? But we describe Him and compare Him to His creatures in order to explain to [humans] what the ear is able to hear. Similar to this [is], “And its sound [the voice of God] was like the sound of abundant waters” (Ezek. 43:2). Now who gave the water a sound but He? Yet you describe Him and compare Him to His creatures in order to explain to [humans] what the ear is able to hear. — [from Mechilta] הכבשן: של סיד, יכול ככבשן זה ולא יותר, תלמוד לומר (דברים ד יא) בוער באש עד לב השמים. ומה תלמוד לומר כבשן, לשבר את האוזן, מה שהיא יכולה לשמוע, נותן לבריות סימן הניכר להם. כיוצא בו (הושע יא י) כאריה ישאג, וכי מי נתן כח בארי, אלא הוא, והכתוב מושלו כאריה, אלא אנו מכנין ומדמין אותו לבריותיו, כדי לשבר את האוזן מה שיכולה לשמוע. וכיוצא בו (יחזקאל מג ב) וקולו כקול מים רבים, וכי מי נתן קול למים, אלא הוא, ואתה מכנה אותו לדמותו לבריותיו, כדי לשבר את האוזן:
19. The sound of the shofar grew increasingly stronger; Moses would speak and God would answer him with a voice. יט. וַיְהִי קוֹל הַשֹּׁפָר הוֹלֵךְ וְחָזֵק מְאֹד משֶׁה יְדַבֵּר וְהָאֱלֹהִים יַעֲנֶנּוּ בְקוֹל:
grew increasingly stronger: It is customary for mortals that the longer one blows long notes [on a horn], the weaker and fainter its sound becomes. Here, however, it constantly grew stronger. Now why at the beginning was this so [i.e., a weak sound]? In order to let their ears hear what they were able to hear [and not shock them suddenly]. — [from Mechilta] הולך וחזק מאד: מנהג הדיוט כל זמן שהוא מאריך לתקוע קולו מחליש וכוהה, אבל כאן הולך וחזק מאוד. ולמה כך מתחלה, לשבר אזניהם מה שיכולין לשמוע:
Moses would speak: When Moses would speak and make the Decalogue heard to Israel-for they heard from the mouth of God only “I am…” and “You shall not have” (Mak. 24a)-the Holy One, blessed be He, would assist him [Moses] by giving him strength so that his voice would be strong and audible. — [from Mechilta] משה ידבר: כשהיה משה מדבר ומשמיע הדברות לישראל שהרי לא שמעו מפי הגבורה אלא (שמות כ ב) אנכי ולא יהיה לך והקב"ה מסייעו לתת בו כח להיות קולו מגביר ונשמע:
would answer him with a voice: [This means] He would answer him concerning the voice, [and not with a voice. The ב in בְקוֹל is used], similar to [the ב in בָאֵשׁ in the phrase:] “that will answer with fire” (I Kings 18:24). [בָאֵשׁ means] concerning the fire, [i.e., signifying] to bring it [the fire] down [from Heaven]. — [from Mechilta] יעננו בקול: יעננו על דבר הקול, כמו (מלכים א' יח כד) אשר יענה באש, על דבר האש להורידו:Daily Tehillim: Psalms Chapters 79 - 82
• Chapter 79
In this psalm, Asaph thanks God for sparing the people and directing His wrath upon the wood and stones (of the Temple). Still he cries bitterly, mourning the immense destruction: The place where the High Priest alone was allowed to enter-and only on Yom Kippur-is now so desolate that foxes stroll through it!
1. A psalm by Asaph. O God, nations have entered Your inheritance, they defiled Your Holy Sanctuary; they turned Jerusalem into heaps of rubble.
2. They have rendered the corpses of Your servants as food for the birds of heaven, the flesh of Your pious ones for the beasts of the earth.
3. They spilled their blood like water around Jerusalem, and there is no one to bury [them].
4. We became the object of disgrace to our neighbors, ridicule and scorn to those around us.
5. Until when, O Lord! Will You be angry forever? Will Your jealousy burn like fire?
6. Pour Your wrath upon the nations that do not know You, upon the kingdoms that do not call Your Name,
7. for they devoured Jacob and desolated His abode.
8. Do not recall our former sins; let Your mercies come swiftly towards us, for we have fallen very low.
9. Help us, God of our deliverance, for the sake of the glory of Your Name; save us and pardon our sins for the sake of Your Name.
10. Why should the nations say, "Where is their God?" Let there be known among the nations, before our eyes, the retribution of the spilled blood of Your servants.
11. Let the groan of the prisoner come before You; liberate those condemned to death, as befits the greatness of Your strength.
12. Repay our neighbors sevenfold into their bosom, for the disgrace with which they reviled You, O Lord.
13. And we, Your people, the flock of Your pasture, will thank You forever; for all generations we will recount Your praise.
Chapter 80
An awe-inspiring prayer imploring God to draw near to us as in days of old.
1. For the Conductor, on the shoshanim, 1 a testimony by Asaph, a psalm.
2. Listen, O Shepherd of Israel, Who leads Joseph like sheep. Appear, You Who is enthroned upon the cherubim.
3. Arouse Your might before Ephraim, Benjamin and Menashe, for it is upon You to save us.
4. Return us, O God; cause Your countenance to shine, that we may be saved.
5. O Lord, God of Hosts, until when will You fume at the prayer of Your people?
6. You fed them bread of tears, and gave them tears to drink in great measure.
7. You have made us an object of strife to our neighbors; our enemies mock to themselves.
8. Return us, O God of Hosts; cause Your countenance to shine, that we may be saved.
9. You brought a vine out of Egypt; You drove out nations and planted it.
10. You cleared space before it; it took root and filled the land.
11. Mountains were covered by its shade, and its branches became mighty cedars.
12. It sent forth its branches till the sea, and its tender shoots to the river.
13. Why did You breach its fences, so that every passerby plucked its fruit?
14. The boars of the forest ravage it, and the creepers of the field feed upon it.
15. O God of Hosts, please return! Look down from heaven and see, and be mindful of this vine,
16. and of the foundation which Your right hand has planted, and the son whom You strengthened for Yourself.
17. It is burned by fire, cut down; they perish at the rebuke of Your Presence.
18. Let Your hand be upon the man of Your right hand, upon the son of man whom You strengthened for Yourself.
19. Then we will not withdraw from You; revive us, and we will proclaim Your Name.
20. O Lord, God of Hosts, return us; cause Your countenance to shine that we may be saved.
Chapter 81
This psalm was chanted in the Holy Temple on Rosh Hashanah, a day on which many miracles were wrought for Israel.
1. For the Conductor, upon the gittit,1 by Asaph.
2. Sing joyously to God, our strength; sound the shofar to the God of Jacob.
3. Raise your voice in song, sound the drum, the pleasant harp, and the lyre.
4. Blow the shofar on the New Month, on the designated day of our Holy Day;
5. for it is a decree for Israel, a ruling of the God of Jacob.
6. He ordained it as a precept for Joseph when he went forth over the land of Egypt; I heard a language which I did not know.
7. I have taken his shoulder from the burden; his hands were removed from the pot.2
8. In distress you called and I delivered you; [you called] in secret, and I answered you with thunderous wonders; I tested you at the waters of Merivah, Selah.
9. Hear, My people, and I will admonish you; Israel, if you would only listen to Me!
10. You shall have no alien god within you, nor shall you bow down to a foreign deity.
11. I am the Lord your God who brought you up from the land of Egypt; open wide your mouth, [state all your desires,] and I shall grant them.
12. But My people did not heed My voice; Israel did not want [to listen to] Me.
13. So I sent them away for the willfulness of their heart, for following their [evil] design.
14. If only My people would listen to Me, if Israel would only walk in My ways,
15. then I would quickly subdue their enemies, and turn My hand against their oppressors.
16. Those who hate the Lord would shrivel before Him, and the time [of their retribution] shall be forever.
17. I would feed him [Israel] with the finest of wheat, and sate you with honey from the rock.
Chapter 82
This psalm admonishes those judges who feign ignorance of the law, dealing unjustly with the pauper or the orphan, while coddling the rich and pocketing their bribes.
1. A psalm by Asaph. God stands in the council of judges; among the judges He renders judgment:
2. How long will you judge wickedly, ever showing partiality toward the evildoers?
3. Render justice to the needy and the orphan; deal righteously with the poor and the destitute.
4. Rescue the needy and the pauper; deliver them from the hand of the wicked.
5. But they do not know, nor do they understand; they go about in darkness, [therefore] all the foundations of the earth tremble.
6. I said that you are angels, supernal beings, all of you;
7. but you will die as mortals, you will fall like any prince.
8. Arise, O God, judge the earth, for You possess all the nations.
Tanya: Likutei Amarim, end of Chapter 24• Today's Tanya Lesson
Likutei Amarim, end of Chapter 24
ומה שפיקוח נפש דוחה שאר עבירות וגם יעבור ואל יהרג
True, we find a principle that saving a life overrides other prohibitions though not the prohibition of idolatry; so too the law sometimes calls for one to commit a transgression rather than be killed, whereas with idolatry, incest and murder, the law requires that he submit to death rather than commit any one of the three.
This would seem to indicate that the Torah itself distinguishes between idolatry and most other commandments — while the Alter Rebbe previously stated that the adultress who makes such a distinction has been blinded by a ”spirit of folly,“ for in reality every sin tears one away from G‑d in the same way as idolatry.
In the following paragraph the Alter Rebbe states that there is no contradiction here. The requirement or non-requirement to sacrifice one’s life for a prohibition does not reflect its intrinsic worth.
היינו כפירוש חז״ל: אמרה תורה, חלל עליו שבת אחת כדי שישמור שבתות הרבה
This fact that saving a life overrides other prohibitions is because, as the Sages explain;1 ”The Torah declares: ‘Desecrate one Shabbat for his sake so that he may live to observe other Shabbatot.’“
When the medical treatment of a patient involves an activity normally forbidden onShabbat, the Torah requires that we desecrate the Shabbat to cure him so that he may live to observe Shabbat in the future. Thus the precept of Shabbat has not been waived in the face of an external consideration. It is in the interests of the Shabbat itself (i.e., the patient’s future observance of Shabbat) that we desecrate this one Shabbat,
ולא משום קלות העבירות וחומרן
and it is not because of the relative leniency (of the Shabbat) or gravity of the sins(such as idolatry), that one is waived while the other is not.
תדע, שהרי שבת חמורה ושקולה כעבודה זרה לענין שחיטת מומר לדבר אחד, ביורה דעה סימן ב‘
(2This contention is supported by the following fact: Violation of the Shabbat is a grave offense, and comparable to idolatry with regard to the law of Shechitahby anyone who habitually violates a particular precept, as codified in Yoreh Deah, Section 2.
There the Shulchan Aruch states that one who regularly desecrates the Shabbat is unfit forShechitah, as though he habitually practiced idolatry.
מה שאין כן במומר לגילוי עריות
A habitual sexual offender on the other hand does not have the same law applied to him as a habitual idolator, indicating that the violation of Shabbat is graver than sexual offenses.
ואפילו הכי פיקוח נפש דוחה שבת ולא גילוי עריות
Yet the consideration of life overrides Shabbat, but not the sexual prohibitions.
Thus it cannot be argued that the requirement to sacrifice oneself for the sexual prohibitions is due to their gravity, for we see that the desecration of Shabbat is even graver than them with regard to Shechitah. Hence we must conclude that the laws governing self-sacrifice are no measure of the relative gravity of the mitzvot,
אלא דגזירת הכתוב הוא
but they are simply a matter of Scriptural decree. 3
The sinner, however, who does distinguish between the gravity of the various transgressions, sacrificing his life for the prohibition of idolatry but not even restraining his desire for others, surely has his thinking clouded by the ”spirit of folly“ of the kelipah, which obscures his hidden love of G‑d. For in reality, every transgression creates the ultimateseparation between the sinner and G‑d.
The Alter Rebbe now goes on to say that if a difference is indeed to be drawn between the various sins, it is only with regard to their effect after they have taken place.
אלא שלאחר מעשה החטא, אם היא מעבירות שאין בהן כרת ומיתה בידי שמים
After the sinful act, however, if the sin is of the type that carries neither the penalty of karet (spiritual extinction of the soul), or death at the hands of heaven,
שאין נפשו האלקית מתה לגמרי ונכרתת משרשה באלקים חיים
in which case the divine soul does not completely perish and is not entirely cut off from its source in the living G‑d;
רק שנפגם קצת דביקותה ואחיזתה בשרשה בחטא זה
except that through this sin its attachment to its source and its connection with it has been weakened somewhat, in the case of such a sin, the Alter Rebbe concludes (after a parenthetical note), the animal soul and the body can rise out of the kelipah and unite with the holiness of the divine soul.
The difference between — on the one hand — the sins carrying the penalty of karet or death at the hands of heaven, and other sins, is explained elsewhere4 as follows: The connection of the divine soul with its G‑dly source is comparable to a rope woven of 613 strands, each strand representing one of the commandments. Every sin severs a corresponding strand. When one strand is broken, the entire rope is weakened, but not severed entirely. The penalties of karet or death at the hands of heaven, however, cut the rope entirely, so to speak.
* * *
In the following note, the Alter Rebbe states that the varying degrees of severity in the punishments imposed for various sins correspond to the blemish caused by each sin. The purpose of punishment is not the punishment per se, but purification of the soul from the blemish which the sin brought about. Thus, the greater the blemish, the more severe the punishment.
הגהה
ולפי ערך וחלוקי בחינת הפגם בנפש ובשרשה בעליונים
NOTE
Corresponding to the extent and specific nature of the blemish caused by the sin in the soul and in its source in the supernal worlds,
כך הם חלוקי בחינות המירוק והעונש בגיהנם או בעולם הזה
are the various purifying processes and punishments in purgatory or in this world (i.e., the suffering of the soul in purgatory, or one's suffering in this world - whose purpose is to purify the soul),
לכל עון וחטא עונש מיוחד, למרק ולהעביר הלכלוך והפגם
for each transgression and sin its appropriate punishment, for the purpose of cleansing and removing the stain and the blemish caused by that specific sin.
וכן בחייבי מיתה וכרת אין פוגמין כולם בשוה
Similarly, the blemish caused by the sins carrying the penalty of death at the hands of heaven or karet varies from one sin to another.
END OF NOTE
הרי גם נפשו החיונית הבהמית המלובשת בגופו, וכן גופו
(To return to our original point:) After the sinful act, in the case of those sins which do not carry the punishment of karet or death at the hands of heaven, the sinner’s animal soul, which animates the body and is clothed in it, as well as his body itself,
חוזרים ועולים מהסטרא אחרא וקליפה זו ומתקרבים לקדושת נפש האלקית המלובשת בהם
return and rise from the sitra achra and kelipah whereto they descended when the sin was committed, and they draw closer to the holiness of the divine soul that pervades them.
המאמינה בה’ אחד, וגם בשעת החטא היתה באמנה אתו יתברך
The divine soul always believes in the One G‑d, and remains faithful to Him even while the sin is being committed.
For it is only the animal soul, via the body, that performs the sinful act.
רק שהיתה בבחינת גלות ממש תוך נפש הבהמית מסטרא אחרא, המחטיאה את הגוף ומורידתו עמה בעמקי שאול
But at that time, [the divine soul] was in a state of veritable exile in the animal soul — which derives from the sitra achra — which causes the body to sin, and drags it down with itself to the lowest depths;
למטה מטה תחת טומאת הסטרא אחרא וקליפת עבודה זרה, ה‘ ישמרנו
so low, in fact, that it is even lower than the impurity of the sitra achra and thekelipah of idolatry (May G‑d preserve us!).
An exile’s foreign surroundings restrict him from expressing his abilities and ideas. Similarly the divine soul (which is in exile within the animal soul when one sins) is unable to express itself in mastery of the body and in harnessing it for the service of G‑d, by reason of the foreign environment of the kelipah.
ואין לך גלות גדול מזה, מאיגרא רמה כו’
There is no greater exile than this exile of the divine soul within the animal soul, that is brought on through sin. It is a plunge ”from a lofty roof [to a deep pit].“
וכמו שכתוב לעיל, דשרש ומקור נפשות כל בית ישראל הוא מחכמה עילאה, והוא יתברך וחכמתו אחד וכו‘
For, as explained earlier, 5 the source and root of all Jewish souls is in the Divine Wisdom, and G‑d and His wisdom are one and the same... and sin plunges the soul from this lofty plane to the depths of exile within the sitra achra.
והוא כמשל האוחז בראשו של מלך ומורידו למטה וטומן פניו בתוך בית הכסא מלא צואה, שאין לך עלבון גדול מזה, אפילו עושה כן לפי שעה
It is comparable to one who seizes the king’s head, drags it down, and dips his face in a privy full of filth — the ultimate in humiliation, even if he does it only for a moment.
שהקליפות וסטרא אחרא נקראות קיא צואה, כנודע
For the kelipot and sitra achra are called ”vomit and filth,“ as is known.
Similarly, when one seizes the divine soul, which stems from Divine wisdom (”the king’s head“), and through his sins forces it into the kelipah (”a privy full of filth“), he brings upon his soul the most unspeakable humiliation — even if he does so only for a moment (for afterwards the soul rises out of its exile).
We thus see that the differences between the various sins apply only after the sin has been committed. During the act, however, every sin tears one away from G‑d. Since every Jew is endowed with a hidden love of G‑d, by virtue of which he wishes to be constantly united with Him, and never to be separated from Him, not even for a moment, he can employ this hidden love in fulfilling all the mitzvot and in avoiding every sin — as the Alter Rebbe concludes in the following chapter.
| FOOTNOTES | |
| 1. | Shabbat 151b; Yoma 85b. |
| 2. | Parentheses are in the original text. |
| 3. | Shabbat 151b; Yoma 85b. |
| 4. | Iggeret HaTeshuvah, ch. 5. |
| 5. | Ch. 2. |
• Sefer Hamitzvos:
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"0
Positive Commandment 166Resting on the First Day of Sukkot
Negative Commandment 327Working on the First Day of Sukkot
Positive Commandment 167Resting on Shemini Atzeret
Negative Commandment 328Working on Shemini Atzeret
Negative Commandment 199Eating Chametz after Noon of the Fourteenth of Nissan
• 1 Chapter: Teshuvah Teshuvah - Chapter Five
"On the first day [of Sukkot] there shall be a holy convocation"—Leviticus 23:35.
We sanctify the fifteenth of Tishrei, the first day of Sukkot, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Resting on the First Day of Sukkot
Positive Commandment 166
Translated by Berel Bell
The 166th mitzvah is that we are commanded to refrain from doing melachah on the first640 day1 of Sukkos.
The source of this commandment is G‑d's statement,2 "The first day [of Sukkos] shall be a sacred holiday."
FOOTNOTES
1.See above note 30.
2.Lev. 23:35.
We sanctify the fifteenth of Tishrei, the first day of Sukkot, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Resting on the First Day of Sukkot
Positive Commandment 166
Translated by Berel Bell
The 166th mitzvah is that we are commanded to refrain from doing melachah on the first640 day1 of Sukkos.
The source of this commandment is G‑d's statement,2 "The first day [of Sukkos] shall be a sacred holiday."
FOOTNOTES
1.See above note 30.
2.Lev. 23:35.
Negative Commandment 327Working on the First Day of Sukkot
"...You shall do no servile work"—Leviticus 23:35.
It is forbidden to engage in creative work – with the exception of work needed for food purposes – on the fifteenth of Tishrei, the first day of Sukkot.
Working on the First Day of Sukkot
Negative Commandment 327
Translated by Berel Bell
The 327th prohibition is that we are forbidden to perform melachah on the first640 day of Sukkos.
The source of this commandment is G‑d's statement, "No servile melachah may be done."
It is forbidden to engage in creative work – with the exception of work needed for food purposes – on the fifteenth of Tishrei, the first day of Sukkot.
Working on the First Day of Sukkot
Negative Commandment 327
Translated by Berel Bell
The 327th prohibition is that we are forbidden to perform melachah on the first640 day of Sukkos.
The source of this commandment is G‑d's statement, "No servile melachah may be done."
Positive Commandment 167Resting on Shemini Atzeret
"On the eighth day, there shall be a holy convocation for you"—Leviticus 23:36.
We sanctify Shemini Atzeret, the twenty-second of Tishrei, the eighth day from the first day of Sukkot, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Resting on Shemini Atzeret
Positive Commandment 167
Translated by Berel Bell
The 167th mitzvah is that we are commanded to refrain from doing melachah on the eighth1 day of Sukkos.
The source of this commandment is G‑d's statement,2 "The eighth day is a sacred holiday for you."
You must know that the command to refrain from melachah is identical for all of these six days,3 and not a single one of these days has a prohibited melachah unique to it that does not apply to the other. So too, we are allowed to prepare food on each one of them. Therefore, the same law of refraining from melachah applies to all Yomim-Tovim, the details of which are explained in Tractate Yom-Tov [Beitzah].
However, the law of refraining from melachah on Shabbos and Yom Kippur includes these types of melachah and many others as well, because preparation of food was not allowed on these two days. There are some categories of melachah4 which, although they do not involve food preparation, are still permitted on Yom-Tov and forbidden on Shabbos, as explained in Tractate Yom-Tov.5
FOOTNOTES
1.Outside of Israel, this mitzvah is for the eighth and ninth day.
2.Lev. 23:36.
3.The 1st and 7th days of Pesach, Shavuos, Rosh HaShanah, the 1st and 8th days of Sukkos.
4.Such as making a fire and carrying.
5.12a.
We sanctify Shemini Atzeret, the twenty-second of Tishrei, the eighth day from the first day of Sukkot, by resting on that day—defined as abstaining from any creative work, with the exception of work needed for food purposes.
Resting on Shemini Atzeret
Positive Commandment 167
Translated by Berel Bell
The 167th mitzvah is that we are commanded to refrain from doing melachah on the eighth1 day of Sukkos.
The source of this commandment is G‑d's statement,2 "The eighth day is a sacred holiday for you."
You must know that the command to refrain from melachah is identical for all of these six days,3 and not a single one of these days has a prohibited melachah unique to it that does not apply to the other. So too, we are allowed to prepare food on each one of them. Therefore, the same law of refraining from melachah applies to all Yomim-Tovim, the details of which are explained in Tractate Yom-Tov [Beitzah].
However, the law of refraining from melachah on Shabbos and Yom Kippur includes these types of melachah and many others as well, because preparation of food was not allowed on these two days. There are some categories of melachah4 which, although they do not involve food preparation, are still permitted on Yom-Tov and forbidden on Shabbos, as explained in Tractate Yom-Tov.5
FOOTNOTES
1.Outside of Israel, this mitzvah is for the eighth and ninth day.
2.Lev. 23:36.
3.The 1st and 7th days of Pesach, Shavuos, Rosh HaShanah, the 1st and 8th days of Sukkos.
4.Such as making a fire and carrying.
5.12a.
Negative Commandment 328Working on Shemini Atzeret
"...You shall do no servile work"—Leviticus 23:36.
It is forbidden to engage in creative work – with the exception of work needed for food purposes – on Shemini Atzeret, the twenty-second of Tishrei.
Working on Shemini Atzeret
Negative Commandment 328
Translated by Berel Bell
The 328th prohibition is that we are forbidden to perform melachah on Shemini Atzeres [the eighth1 day of Sukkos].
The source of this commandment is G‑d's statement, "No servile melachah may be done" [on that day].
You must know that anyone that does any melachah on any of these six days is punished by lashes, unless it is a type of melachah used in preparing food, as the verse2 says regarding one Yom-Tov [Pesach], "The only [melachah] that you may do is that which is needed so that everyone will be able to eat." The same law applies to the other Yomim Tovim.
The details of this commandment are explained in Tractate Beitzah.
FOOTNOTES
1.Outside of Israel, this mitzvah is for the eighth and ninth day.
2.Ex. 12:16.
It is forbidden to engage in creative work – with the exception of work needed for food purposes – on Shemini Atzeret, the twenty-second of Tishrei.
Working on Shemini Atzeret
Negative Commandment 328
Translated by Berel Bell
The 328th prohibition is that we are forbidden to perform melachah on Shemini Atzeres [the eighth1 day of Sukkos].
The source of this commandment is G‑d's statement, "No servile melachah may be done" [on that day].
You must know that anyone that does any melachah on any of these six days is punished by lashes, unless it is a type of melachah used in preparing food, as the verse2 says regarding one Yom-Tov [Pesach], "The only [melachah] that you may do is that which is needed so that everyone will be able to eat." The same law applies to the other Yomim Tovim.
The details of this commandment are explained in Tractate Beitzah.
FOOTNOTES
1.Outside of Israel, this mitzvah is for the eighth and ninth day.
2.Ex. 12:16.
"You shall eat no leavened bread upon it"—Deuteronomy 16:3.
We are forbidden to eat chametz (leavened foods) after midday of the fourteenth of Nissan. As the Torah says, "You shall eat no leavened bread upon it"—"it" referring to the Paschal Offering, which was offered after midday on the eve of Passover.
(The Sages extended this prohibition to include a time period before midday, to prevent anyone from inadvertently consuming chametz after midday, when it is biblically forbidden.)
Eating Chametz after Noon of the Fourteenth of Nissan
Eating Chametz after Noon of the Fourteenth of Nissan
Negative Commandment 199
Translated by Berel Bell
The 199th prohibition is that we are forbidden to eat chometz [leaven] on the 14th [of Nissan] after noon.
The source of this commandment is G‑d's statement,1 "Do not eat any chometz with it."
This expression ["with it"] refers to the Pesach lamb which we are required to sacrifice between noon and sundown on the 14th [of Nissan]. Therefore, the verse means that when the time to bring the sacrifice begins [i.e. noon], you may not eat chometz.
Tractate Pesachim2 says, "What is the source of the prohibition not to eat chometz after the sixth hour [i.e. noon]? The verse, 'Do not eat any chometz with it.' " It also says there,3 "According to all opinions, [eating chometz] after the sixth hour is a Biblical prohibition." This is the version of all the reliable copies which were read by the Talmudic Sages.4
The reason for the prohibition of eating chometz during the sixth hour5 is said there:6 "The Sages made an additional prohibition in order that people not come to a Biblical prohibition." Anyone who transgresses and eats chometz after noon is punished by lashes.
The details of this commandment are explained in the beginning of tractate Pesachim.
FOOTNOTES
1.Deut. 16:3.
2.28b.
3.Ibid., 4b.
4.Our version of this passage reads "prohibited" (which could mean by Rabbinic law), rather than "Biblical." However, the copies of the Gemara which were used by the Geonim (referred to as "Talmudic Sages") read "Biblical." See Kapach 5731, footnote 99.
5.I.e., the hour before noon.
6.Ibid., 2b.
We are forbidden to eat chametz (leavened foods) after midday of the fourteenth of Nissan. As the Torah says, "You shall eat no leavened bread upon it"—"it" referring to the Paschal Offering, which was offered after midday on the eve of Passover.
(The Sages extended this prohibition to include a time period before midday, to prevent anyone from inadvertently consuming chametz after midday, when it is biblically forbidden.)
Eating Chametz after Noon of the Fourteenth of Nissan
Eating Chametz after Noon of the Fourteenth of Nissan
Negative Commandment 199
Translated by Berel Bell
The 199th prohibition is that we are forbidden to eat chometz [leaven] on the 14th [of Nissan] after noon.
The source of this commandment is G‑d's statement,1 "Do not eat any chometz with it."
This expression ["with it"] refers to the Pesach lamb which we are required to sacrifice between noon and sundown on the 14th [of Nissan]. Therefore, the verse means that when the time to bring the sacrifice begins [i.e. noon], you may not eat chometz.
Tractate Pesachim2 says, "What is the source of the prohibition not to eat chometz after the sixth hour [i.e. noon]? The verse, 'Do not eat any chometz with it.' " It also says there,3 "According to all opinions, [eating chometz] after the sixth hour is a Biblical prohibition." This is the version of all the reliable copies which were read by the Talmudic Sages.4
The reason for the prohibition of eating chometz during the sixth hour5 is said there:6 "The Sages made an additional prohibition in order that people not come to a Biblical prohibition." Anyone who transgresses and eats chometz after noon is punished by lashes.
The details of this commandment are explained in the beginning of tractate Pesachim.
FOOTNOTES
1.Deut. 16:3.
2.28b.
3.Ibid., 4b.
4.Our version of this passage reads "prohibited" (which could mean by Rabbinic law), rather than "Biblical." However, the copies of the Gemara which were used by the Geonim (referred to as "Talmudic Sages") read "Biblical." See Kapach 5731, footnote 99.
5.I.e., the hour before noon.
6.Ibid., 2b.
Teshuvah - Chapter Five
Halacha 1
Free will is granted to all men. If one desires to turn himself to the path of good and be righteous, the choice is his. Should he desire to turn to the path of evil and be wicked, the choice is his.
This is [the intent of] the Torah's statement (Genesis 3:22): "Behold, man has become unique as ourselves, knowing good and evil," i.e., the human species became singular in the world with no other species resembling it in the following quality: that man can, on his own initiative, with his knowledge and thought, know good and evil, and do what he desires. There is no one who can prevent him from doing good or bad. Accordingly, [there was a need to drive him from the Garden of Eden,] "lest he stretch out his hand [and take from the tree of life]."
Halacha 2
A person should not entertain the thesis held by the fools among the gentiles and the majority of the undeveloped among Israel that, at the time of a man's creation, The Holy One, blessed be He, decrees whether he will be righteous or wicked.
This is untrue. Each person is fit to be righteous like Moses, our teacher, or wicked, like Jeroboam. [Similarly,] he may be wise or foolish, merciful or cruel, miserly or generous, or [acquire] any other character traits. There is no one who compels him, sentences him, or leads him towards either of these two paths. Rather, he, on his own initiative and decision, tends to the path he chooses.
This was [implied by the prophet,] Jeremiah who stated [Eichah 3:38: "From the mouth of the Most High, neither evil or good come forth." Accordingly, it is the sinner, himself, who causes his own loss.
Therefore, it is proper for a person to cry and mourn for his sins and for what he has done to his soul, the evil consequences, he brought upon it. This is implied by the following verse [ibid.:39]: "Of what should a living man be aggrieved? [A man of his sins.]"
[The prophet] continues explaining, since free choice is in our hands and our own decision [is what prompts us to] commit all these wrongs, it is proper for us to repent and abandon our wickedness, for this choice is presently in our hand. This is implied by the following verse [ibid.:40]: "Let us search and examine our ways and return [to God]."
Halacha 3
This principle is a fundamental concept and a pillar [on which rests the totality] of the Torah and mitzvot as [Deuteronomy 30:15] states: "Behold, I have set before you today life [and good, death and evil]." Similarly, [Deuteronomy 11:26] states, "Behold, I have set before you today [the blessing and the curse]," implying that the choice is in your hands.
Any one of the deeds of men which a person desires to do, he may, whether good or evil. Therefore, [Deuteronomy 5:26] states:
"If only their hearts would always remain this way." From this, we can infer that the Creator does not compel or decree that people should do either good or bad. Rather, everything is left to their [own choice].
Halacha 4
Were God to decree that an individual would be righteous or wicked or that there would be a quality which draws a person by his essential nature to any particular path [of behavior], way of thinking, attributes, or deeds, as imagined by many of the fools [who believe] in astrology - how could He command us through [the words of] the prophets: "Do this," "Do not do this," "Improve your behavior," or "Do not follow after your wickedness?"
[According to their mistaken conception,] from the beginning of man's creation, it would be decreed upon him, or his nature would draw him, to a particular quality and he could not depart from it.
What place would there be for the entire Torah? According to which judgement or sense of justice would retribution be administered to the wicked or reward to the righteous? Shall the whole world's Judge not act justly!
A person should not wonder: How is it possible for one to do whatever he wants and be responsible for his own deeds? - Is it possible for anything to happen in this world without the permission and desire of its Creator as [Psalms 135:6] states: "Whatever God wishes, He has done in the heavens and in the earth?"
One must know that everything is done in accord with His will and, nevertheless, we are responsible for our deeds.
How is this [apparent contradiction] resolved? Just as the Creator desired that [the elements of] fire and wind rise upward and [those of] water and earth descend downward, that the heavenly spheres revolve in a circular orbit, and all the other creations of the world follow the nature which He desired for them, so too, He desired that man have free choice and be responsible for his deeds, without being pulled or forced. Rather, he, on his own initiative, with the knowledge which God has granted him, will do anything that man is able to do.
Therefore, he is judged according to his deeds. If he does good, he is treated with beneficence. If he does bad, he is treated harshly. This is implied by the prophets' statements: "This has been the doing of your hands” [Malachi 1:9]; "They also have chosen their own paths” [Isaiah 66:3].
This concept was also implied by Solomon in his statement [Ecclesiastes 11:9]: "Young man, rejoice in your youth... but, know that for all these things God will bring you to judgment," i.e., know that you have the potential to do, but in the future, you will have to account for your deeds.
Halacha 5
One might ask: Since The Holy One, blessed be He, knows everything that will occur before it comes to pass, does He or does He not know whether a person will be righteous or wicked?
If He knows that he will be righteous, [it appears] impossible for him not to be righteous. However, if one would say that despite His knowledge that he would be righteous, it is possible for him to be wicked, then His knowledge would be incomplete.
Know that the resolution to this question [can be described as]: "Its measure is longer than the earth and broader than the sea." Many great and fundamental principles and lofty concepts are dependent upon it. However, the statements that I will make must be known and understood [as a basis for the comprehension of this matter].
As explained in the second chapter of Hilchot Yesodei HaTorah, The Holy One, blessed be He, does not know with a knowledge that is external from Him as do men, whose knowledge and selves are two [different entities]. Rather, He, may His name be praised, and His knowledge are one.
Human knowledge cannot comprehend this concept in its entirety for just as it is beyond the potential of man to comprehend and conceive the essential nature of the Creator, as [Exodus 33:20] states: "No man will perceive, Me and live," so, too, it is beyond man's potential to comprehend and conceive the Creator's knowledge. This was the intent of the prophet's [Isaiah 55:8] statements: "For My thoughts are not your thoughts, nor your ways, My ways."
Accordingly, we do not have the potential to conceive how The Holy One, blessed be He, knows all the creations and their deeds. However, this is known without any doubt: That man's actions are in his [own] hands and The Holy One, blessed be He, does not lead him [in a particular direction] or decree that he do anything.
This matter is known, not only as a tradition of faith, but also, through clear proofs from the words of wisdom. Consequently, the prophets taught that a person is judged for his deeds, according to his deeds - whether good or bad. This is a fundamental principle on which is dependent all the words of prophecy.
Shevitat Yom Tov - Chapter Seven
Halacha 1
Although Chol HaMo'ed is not referred to as a Sabbath,1 since it is referred to as "a holy convocation" and it was a time when the Chagigah sacrifices were brought in the Temple, it is forbidden to perform labor2 during this period, so that these days will not be regarded as ordinary weekdays that are not endowed with holiness at all. A person who performs forbidden labor on these days is given stripes for rebelliousness, for the prohibition is Rabbinic in origin.3
Not all the types of "servile labor" forbidden on a holiday are forbidden on it, for the intent of the prohibition is that the day not be regarded as an ordinary weekday with regard to all matters. Therefore, some labors are permitted on it, and some are forbidden.
Halacha 2
These are [the labors that are permitted]: Any labor may be performed if it would result in a great loss if not performed, provided it does not involve strenuous activity.
What is implied? We may irrigate parched land on [Chol Ha]Mo'ed,4but not land that is well-irrigated. For if parched land is not irrigated, the trees on it will be ruined.
When a person irrigates [such land], he should not draw water and irrigate [the land, using water] from a pool or rain water, for this involves strenuous activity.5He may, however, irrigate it [using water] from a spring:6 whether an existing spring, or a spring that must be uncovered anew. He may extend the spring and irrigate [his land using this water]. The same applies in all similar situations.
Halacha 3
A person may turn over his olives during [Chol Ha]Mo'ed,7 grind them, press them, fill jugs up with oil, and seal them as he does on weekdays. Whenever the failure to perform a labor would lead to a loss, one may perform the labor in its ordinary way without deviating from one's regular practice.
Halacha 4
It is forbidden for a person to delay the performance of these or similar labors intentionally so that he will be able to perform them during [Chol Ha]Mo'ed when he has free time. Whenever a person ignores his work, leaving it for [Chol Ha]Mo'ed with the intention of performing it then, and actually [begins] to do so, the [Jewish] court must destroy [the fruits of this labor] and/or declare it ownerless, [free to be acquired] by anyone.10
If a person [delayed] his work, with the intention [of performing it on Chol HaMo'ed] and died, we do not punish his son, and cause him a loss. [On the contrary,] we do not prevent the son from performing the labor on [Chol Ha]Mo'ed so that he will not suffer a loss.
Halacha 5
[The following rules apply when] a person must sew a garment or build a structure during [Chol Ha]Mo'ed: If he is an ordinary person and not skilled in the performance of that labor, he may perform it in his ordinary manner. If, however, he is a skilled craftsman, he [must deviate from his ordinary practice, and] perform the labor as an ordinary person would.
What is implied? When sewing, he should sew stitches as a weaver would.11When building, he should place the stones down, but should not put mortar upon them. One may smooth [plaster over] cracks [in a roof] with a roller, with one's hands and with one's feet as one would do with a trowel.12 The same applies in other similar situations.
Halacha 6
[The following rule applies when] a person has grain that is still growing in the ground, and he has no other food to eat except this [grain]:13 Although he would not suffer a loss [if he did not harvest the grain], we do not require him to buy what he needs at the marketplace and [wait] until after the festival to harvest.
Instead, he may harvest [the grain] he needs,14 collect it in sheaves, thresh it, winnow it, separate it, and grind it, provided he does not thresh it with oxen.15For any labor performed [during Chol HaMo'ed] that does not involve a loss must be [performed] in a manner departing from the norm. The same applies in other similar situations.
Halacha 7
[Food]16 that one desires to pickle that can be eaten during a festival may be pickled [during Chol HaMo'ed]. If, however, the pickled food will not be ready until after the festival, it is forbidden to pickle it [during Chol HaMo'ed].
One may catch as many fish as one can17 during [Chol Ha]Mo'ed and salt them all, for it is possible for him partake of them during the festival if he squeezes them many times by hand until they become soft.
Halacha 8
One may set beer to ferment during [Chol Ha]Mo'ed for the sake of the festival. If it is not for the sake of the festival, it is forbidden. This applies both to beer made from dates18 and beer made from barley.
Even if a person has aged beer, he may act with guile and [prepare fresh beer to] drink, for the guile of this act would not be noticeable to an observer.19 The same applies in other similar situations.
Halacha 9
Whenever labors that are necessary for the festival are performed [during Chol HaMo'ed] by professionals, they must be performed in a private manner.20What is implied? Hunters, millers, and grape-harvesters, whose intent is to sell their products in the marketplace, must perform these activities in a private manner for the sake of the festival. If these activities are not performed for the sake of the festival, [the products] are forbidden. If they perform these activities for the sake of the festival and the products remain afterwards, they may be used.
Halacha 10
We may perform [any labors that are] necessary for the sake of the community at large during [Chol Ha]Mo'ed.21
What is implied? We may fix breaches in waterworks in the public domain; we may fix the highways and the roads; we may dig cisterns, trenches, and grottos for the public;22 we may dig rivulets so that they will have water to drink; we may store water in cisterns and grottos belonging to the public and may fix the cracks [in their walls];23 we may remove brambles from the roads; and we may measure mikvaot.24 When the amount of water in a mikveh is lacking, we may direct water to it to complete its measure.
Halacha 11
The agents of the court may go out to declare ownerless fields that contain a mixture of species.25 We may redeem captives [taken by gentiles], endowment evaluations,26 entitlements,27 and consecrated articles.28
We may have a woman suspected of adultery drink [the required mixture],29 we may burn a red heifer,30 we may break the neck of a calf,31 we may pierce the ear of a slave,32 and we may purify a leper.33 We may also designate the site of graves whose markings were washed away by rain, so that the priests will not walk there.34 All these are activities necessary for the community at large.
Halacha 12
Similarly, we may judge monetary disputes,35 cases involving the punishment by lashing, and capital cases during [Chol Ha]Mo'ed. When a person does not accept a judgment, a ban of ostracism may be issued against him during [Chol Ha]Mo'ed. Just as cases may be judged during [Chol Ha]Mo'ed, we may write court documents and any similar articles during [Chol Ha]Mo'ed.
What is implied? The judges may write an account of the evaluation of [a debtor's property] for his creditor, a statement of the property sold to feed a person's wife and daughters,36 and a bill of chalitzah37 and of miyyun.38Similarly, we may write any legal document that the judges require to remind them - e.g., a record of the claims of the litigants, or a statement of the concessions they made - e.g., that so and so is acceptable [to testify regarding] my case, that so and so may serve as a judge.39
When a person requires a loan and the lender will not grant him the loan on a verbal commitment alone, it is permitted to have a promissory note written. Similarly, a bill of divorce,40 a bill of marriage, a receipt [for payment of a debt], and a deed [recording a present may be written during Chol HaMo'ed], for all these resemble matters necessary for the community at large.41
Halacha 13
It is forbidden to write [professionally] during [Chol Ha]Mo'ed; this includes even Torah scrolls, tefillin42 and mezuzot. Nor may one check [the letters of a Torah scroll],43 not even a single letter in the scroll kept in the Temple courtyard,44 for this is not a labor that is necessary for the sake of the festival.45
Halacha 14
It is permitted to write social correspondence during [Chol Ha]Mo'ed. Similarly, one may make a reckoning of one's budget and costs. For a person does not take much care when writing these matters, and this is thus like the performance of a task by an ordinary person.48
Halacha 15
We may take care of all the needs of a corpse during [Chol Ha]Mo'ed.49 We may cut its hair, wash its shrouds, and make a coffin for it. If there are no boards available, we may bring beams and cut boards from them in a discreet manner inside a building.50 If [the coffin is intended for] an important person, it may be made in the marketplace.51
We may not, however, cut down a tree from the forest to cut boards for a coffin, nor may we quarry out stones to build a grave.
Halacha 16
We may not inspect leprous blotches during [Chol Ha]Mo'ed,52 lest the person be declared impure and his festival be transformed into a period of mourning.
We may neither marry, nor perform the act of yibbum53 during [Chol Ha]Mo'ed, so that the happiness of the festival will not be obscured by the happiness of the marriage. One may, however, remarry one's divorcee, and one may betroth54 a woman during [Chol Ha]Mo'ed, provided one does not make a feast for the betrothal or the wedding,55 so that no other rejoicing will be combined with the rejoicing of the festival.
Halacha 17
We may not cut hair,56 nor may we launder clothes during [Chol Ha]Mo'ed. [This is] a decree, [instituted] lest a person wait until [Chol Ha]Mo'ed and enter the first day of the holiday unkempt.57 Therefore, anyone who was unable to cut his hair or launder his clothes on the day before the commencement of the holiday may launder his clothes and cut his hair during [Chol Ha]Mo'ed.
Halacha 18
What is implied? The [following] individuals are permitted to cut their hair and launder their clothes during [Chol Ha]Mo'ed: a mourner whose seventh day of mourning falls on [the first day of] a holiday58- or even if [his seventh day] falls on the day before the holiday, but it is a Sabbath, when it is forbidden to cut hair, a person who returns from an overseas journey - provided he did not travel for pleasure, but rather for business purposes and the like - a person who is freed from captivity, or freed from prison,59 a person who was under a ban of ostracism60 that was not lifted until [Chol Ha]Mo'ed, a person who took an oath not to cut his hair, or not to launder his clothes and did not ask a wise man to abrogate his oath61 until [Chol Ha]Mo'ed.62
Halacha 19
In all the above situations, if any of the persons had the opportunity to cut their hair before the festival but failed to do so, they are forbidden from doing so [during Chol HaMo'ed].
In contrast, when the time for a nazarite or a leper to shave has already arrived,63 whether it arrived during the festival or before the festival, they may shave during [Chol Ha]Mo'ed, even if they had the opportunity [to shave their hair before the holiday], so that they will not delay the offering of their sacrifices. [Similarly,] anyone who terminates a state of ritual impurity and becomes pure is permitted to cut his hair during [Chol Ha]Mo'ed.64
Halacha 20
It is permitted to cut one's mustache during [Chol Ha]Mo'ed and to cut one's nails,69 even using a utensil.70
A woman may remove the hair from her underarms and her pubic hair by hand, or with a utensil.71 Similarly, she may undergo all cosmetic treatments during [Chol Ha]Mo'ed: [e.g.,] she may paint her eyes, part her hair, apply rouge to her face, and apply lime to her skin72 and the like, provided she can remove it73during [Chol Ha]Mo'ed.
Halacha 21
A zav,74 a zavah,75 a niddah,76 a woman who gave birth,77 and all those who emerge from a state of ritual impurity during [Chol Ha]Mo'ed are permitted to launder their garments.78
A person who has only one garment should79 wash it during [Chol Ha]Mo'ed. Hand towels, barber's towels,80 and bathing towels are permitted to be laundered. Similarly, undergarments81 are permitted to be laundered during [Chol Ha]Mo'ed,82 because they must continually be laundered, even if they were laundered on the day preceding the holiday.
Halacha 22
One may not become involved in commercial enterprise during [Chol Ha]Mo'ed, whether one sells or purchases.83 If, however, the matter is one that involves the loss [of an opportunity] that is not always available after the festival84 - e.g., ships or caravans that have arrived or that are preparing to depart and they are selling their wares cheaply or purchasing dearly - it is permissible to sell and to purchase from them [during Chol HaMo'ed].
We may not purchase buildings, servants, and animals that are not necessary during [Chol Ha]Mo'ed.85
Halacha 23
Merchants selling produce, garments, and utensils may sell them discreetly for the sake of the festival.86 What is implied? If [the merchant's] store opens to a corner or to a lane, he may operate it in his ordinary manner. If it opens into the public thoroughfare, he should open one door and close the other. On the day before Shemini Atzeret,87 one may take out one's produce and adorn the marketplace with it, as an expression of honor for the holiday.
Spice merchants88 may sell their wares in their ordinary manner, in public [during Chol HaMo'ed].
Halacha 24
Whatever is forbidden to be done during [Chol Ha]Mo'ed, one may not instruct a gentile to do [on one's behalf].
If a person does not have food to eat,89 a person may perform any task that is forbidden during [Chol Ha]Mo'ed or involve himself in any commercial enterprise to earn his livelihood.90
It is permissible for a rich man to hire a poor employee who does not have food to eat to perform tasks that are forbidden during [Chol Ha]Mo'ed, so that the worker will be paid a wage with which he can purchase his sustenance. Similarly, we may purchase articles that are not necessary for the festival, because the seller is in need and lacks food.
Halacha 25
We may hire a worker during [Chol Ha]Mo'ed to perform a task after the festival, provided he does not weigh, measure, or count [the amount of work he must perform] as he would on an ordinary day.
When a gentile has been contracted to perform a task for a Jew,91 [the Jew] should prevent him from performing it during [Chol Ha]Mo'ed. [This applies] even if the gentile [works] outside [the city's] Sabbath limits.92 For the people at large know that this task [is being performed] for the sake of a Jew and they will suspect that he hired the gentile to perform it for him during [Chol Ha]Mo'ed. For not all people are aware of the distinction between a hired laborer and a contractor. Therefore, [lest a mistaken impression arise,] it is forbidden.
| FOOTNOTES | |
| 1. |
Which, as mentioned in Chapter 1, Halachah 2, is the proof-text requiring us to cease the performance of work on the holidays.
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| 2. |
As evident from the continuation of the Rambam's statements, here the definition of labor is not - in contrast to the Sabbath and holidays - the 39 labors necessary to build the Sanctuary, but rather labor in the conventional sense: mundane activity that will prevent one from appreciating the festive mood of the holidays.
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| 3. |
There are several Talmudic passages (e.g., Jerusalem Talmud, Pesachim 4:1) that quote verses from the Torah prohibiting the performance of work on Chol HaMo'ed. Nevertheless, according to the Rambam (and his position is shared by the Tur, Orach Chayim 530), these verses are merelyasmachtot, allusions cited by the Rabbis as support for the decrees they instituted. [Significantly, however, the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:1) contains an expression that indicates that he conceives of the prohibition against work on Chol HaMo'ed as part of the Oral Tradition given to Moses on Sinai.]
There are, however, other authorities [Yereim (the conclusion of section 304), the Ramban, and the Rashba] who maintain that the prohibition against work on Chol HaMo'ed is Scriptural in origin. The Be'ur Halachah 530 quotes the opinions of many authorities who accept this view.
The difference between these two perspectives is not merely theoretical in nature. One of the basic principles of Torah law is that when there is a doubt with regard to a question of Scriptural law, the more stringent view must be adopted. When, by contrast, there is a doubt with regard to a question of Rabbinic law, the more lenient view may be adopted. If the prohibition against working on Chol HaMo'ed is Scriptural in origin, then the more stringent view must be adopted in cases of doubt. Should, however, the prohibition be Rabbinic in origin, a lenient view may be adopted.
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| 4. |
The Shulchan Aruch (Orach Chayim 537:1) rules more stringently, stating that this is permitted, only when one had already begun irrigating the land before the commencement of the holiday.
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| 5. |
For he will have to carry water in buckets continually to irrigate the entire field [Rambam's Commentary on the Mishnah (Mo'ed Katan 1:1)].
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| 6. |
For the water in the spring flows on its own accord (Ibid.).
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| 7. |
This and the other activities mentioned in this halachah are phases in the process of extracting oil from olives.
The Ra'avad differs with the Rambam on this point and allows the olives to be turned over only if they have been turned over once before. The Shulchan Aruch (Orach Chayim 538:1) follows the Ra'avad's view.
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| 8. |
E.g., at night (Shulchan Aruch, loc. cit.:2). It is necessary to do this in a discreet manner, rather than publicly, for one cannot be sure that thieves will come. Thus, the loss is not inevitable (Maggid Mishneh, citing the Ramban). If, however, it is impossible to bring the produce in discreetly, one may do so in a manner that will attract attention (Ramah).
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| 9. |
The Maggid Mishneh explains that the new dimension contributed by this law is that the grapes in question are still attached to the ground, and they may nevertheless be harvested.
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| 10. |
Rav Moshe HaCohen and others have objected to the Rambam's ruling, maintaining that the court does not have the right to declare a person's property ownerless. He interprets Mo'ed Katan 12b, the source for the Rambam's statement, differently, stating that the passage gives the court license to prevent the person from carrying out the labors that he had postponed, thus causing the produce to be ruined.
The Shulchan Aruch (Orach Chayim 538:6) follows the Rambam's ruling. The Ramah adds that if a person performs work with property belonging to others - e.g., a tailor or a scribe - and thus this punishment cannot be administered, he should be placed under a ban of ostracism and/or giving stripes for rebelliousness for working on Chol HaMo'ed.
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| 11. |
Our translation is taken from Rav Kappach's edition of the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:8). Others interpret this term to mean "sew the stitches far apart." TheShulchan Aruch (Orach Chayim 541:5) interprets the phrase to mean "like a dog's teeth."
In his notes, the Ramah states that most ordinary people may be regarded as skilled with regard to sewing. Hence, everyone should employ this stringency.
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| 12. |
One may not, however, use a trowel.
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| 13. |
This ruling is based on a narrative in Mo'ed Katan 12b concerning Rav, who harvested his field during Chol HaMo'ed because he did not have any flour. From the Rambam's wording, it appears that he allows this leniency even when the person has financial resources at his disposal; he lacks merely the grain itself.
Rav Moshe HaCohen differs with the Rambam's ruling, stating that if the person possesses money and can buy flour in the marketplace, he is not allowed to harvest his field. The Shulchan Aruch (Orach Chayim 537:15) quotes the Rambam's decision.
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| 14. |
The Mishnah Berurah 537:52 states that one is allowed to perform only that labor which is necessary to provide him with grain for the holiday. He is not allowed to do any more. Nevertheless, in his Sha'ar HaTziyun 537:49, he brings other opinions that would allow a person to do more work if no additional expense is required.
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| 15. |
From the Rambam's wording, it appears that the reason it is forbidden to use oxen is that it is necessary to depart from one's ordinary routine. In his Kessef Mishneh, Rav Yosef Karo offers a different rationale - that using oxen will make the matter public knowledge.
The difference between these two views is not only theoretical. According to the Rambam, it would be permitted to use other animals - e.g., horses or donkeys - to thresh, for this would also represent a departure from one's ordinary practice. According to Rav Yosef Karo, this would be forbidden because this would also become public knowledge. The Mishnah Berurah 537:52,53 quotes Rav Yosef Karo's view.
The Shulchan Aruch (loc. cit.) also states that if one is threshing the grain for others as well as for oneself, it is permitted to use oxen.
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| 16. |
Mo'ed Katan 11a mentions this concept with regard to pickling fish. The same principle can be applied to pickling vegetables, except that with regard to vegetables the pickling process usually takes longer and the vegetables will not be ready to be eaten during the festival if the pickling process was begun during Chol HaMo'ed. [See Shulchan Aruch (Orach Chayim 533:3) and commentaries.]
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| 17. |
I.e., even if one catches far more than one needs for the festival itself. The rationale is that since some fish taste better than others, one can explain that one is continuing to fish to catch an especially tasty fish for the festival (Mishnah Berurah 533:18).
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| 18. |
As was customary in Babylonia in Talmudic times.
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| 19. |
For he can explain to others that he prefers fresh beer over aged beer (Mo'ed Katan 12b). Moreover, the observers may not even know that he possesses aged beer (Mishnah Berurah533:9).
The Ra'avad objects to the Rambam's ruling, stating that it follows only a minority opinion in Mo'ed Katan 12b. In support of the Rambam, the Or Sameach cites a passage in Shabbat 139b, which follows the same rationale. The Ramah (Orach Chayim 533:1) quotes the Ra'avad's view, while the Mishnah Berurah (loc. cit.) states that one may rely on the Rambam's view.
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| 20. |
These and other professionals perform a large amount of work at one time. Therefore, even when such a professional is in fact preparing this work for the purpose of the holiday, an observer might not appreciate this and might think that he is producing work for after the holiday. A private individual, by contrast, does not perform a large amount of such work at one time, and an observer will realize that his intent is for the festival (Mishnah Berurah 533:22.)
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| 21. |
Rabbenu Asher (in his gloss on Mo'ed Katan 2a) gives one reason for this leniency: during the year, all the members of the community are involved in their own affairs and do not have the time to concern themselves with the public welfare. On Chol HaMo'ed, when people are freed from their own concerns, they can turn their attention to the needs of the community at large. Another reason is obvious from the quote from the Rambam's Commentary on the Mishnah cited in the notes on the following halachah.
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| 22. |
With regard to cisterns and trenches belonging to a private individual, see Chapter 8, Halachah 4.
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| 23. |
The Kessef Mishneh emphasizes that this applies to cisterns or waterworks that are not necessarily needed for the holiday itself. Even though they will not be needed until afterwards, they may be fixed during Chol HaMo'ed because they are for the benefit of the public.
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| 24. |
To be acceptable for the immersion of a man or woman, a mikveh must contain at least 40 se'ah. In contemporary measure, certain authorities maintain that this figure is equivalent to approximately 250 liters. Shiurei Mikveh mentions many views, concluding that the minimum acceptable figure is 454 liters, and that one should try to reach 921.6 liters. The Chazon Ish cites a figure of 573.3 liters.
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| 25. |
It is forbidden to sow two types of produce without adequate distinction in the same field (Leviticus 19:19). This prohibition is called the prohibition of kilayim.
In the beginning of the month of Adar (early spring), the court would send agents to notify farmers about this prohibition. From the fifteenth of Adar, they sent agents out to check if there werekilayim in the fields. Originally, the court's agents would remove the kilayim from the fields. The farmers then became lax, and left this work to the court's agents. Therefore, the Sages declared that whenever kilayim are found in a field, the court's agents should declare the field ownerless. During Chol HaMo'ed Pesach, when the crops bloom, the court would send agents out again (Hilchot Kilayim 2:15-17).
In his Commentary on the Mishnah (Mo'ed Katan 1:2), the Rambam explains the reason why this activity was performed during Chol HaMo'ed: The wages for the court's agents were paid from the Temple treasury (terumat halishcah). Since there was very little other work available during Chol HaMo'ed, it would be easy to find people willing to work for low wages, and thus the Temple treasury would save.
|
| 26. |
The Hebrew term ערכין is discussed in Leviticus 27:1-8 and Hilchot Arachin VaCharamin, Chapter 1. It involves giving a specific sum to the Temple treasury for a person, depending on a person's age. In some contexts, the term ערכין is also used with regard to fields and animals consecrated to the Temple treasury.
|
| 27. |
This term is used to refer to the Hebrew חרם, a term implying that a person renounces his ownership of his property and dedicates it either to the Temple treasury or to the priests. (SeeLeviticus 27:28-29, Numbers 18:14; Hilchot Arachin VaCharamin 6:1.)
|
| 28. |
This refers to an article consecrated to the Temple treasury. In all three instances, the sum the person who made the dedication is required to pay may be evaluated during Chol HaMo'ed.
|
| 29. |
A woman suspected of adultery (a sotah) is brought to the Temple and required to drink a mixture of water, dust, and ink from a scroll containing a curse. (See Numbers 5:23-24; Hilchot Sotah, Chapter 3.)
|
| 30. |
A person who became ritually impure through contact with a human corpse must be purified by having the ashes of a red heifer sprinkled upon him (Numbers, Chapter 19). The slaughter of the red heifer and the preparation of these ashes is described in Hilchot Parah Adumah, Chapter 3.
|
| 31. |
When a corpse is found outside a populated area and the killer's identity is unknown,Deuteronomy 21:4 specifies a process of atonement that involves decapitating a calf. (See Hilchot Rotzeach, Chapter 9.)
|
| 32. |
A Hebrew servant sold by the court who desires to remain in servitude rather than regain his freedom must have his ear pierced. (See Exodus 21:6; Hilchot Avadim 3:9.)
|
| 33. |
A leper becomes ritually impure. The purification ceremony is discussed in Leviticus, Chapter 14;Hilchot Tum'at Tzara'at, Chapter 11.
|
| 34. |
Priests are forbidden to contract the impurity that stems from a human corpse. One of the ways of contracting such impurity is by standing over a grave. For this reason, graves would be marked with lime. During the rainy season, the lime might wash off. (See Hilchot Tum'at Meit 8:9.)
|
| 35. |
The Jewish court does not summon litigants during Nisan and Tishrei (Hilchot Sanhedrin 25:9). Nevertheless, should they come on their own accord, sessions may be held during Chol HaMo'ed (ibid., 11:1, 13:5)
|
| 36. |
This refers to a legal record of the sale of property from a deceased person's estate to provide for the support of his wife and daughters, or alternatively, a similar record required when a person goes on a journey and leaves his wife without support. (See Hilchot Ishut, Chapters 18 and 19.)
|
| 37. |
A childless widow is required to marry her deceased husband's brother. She is released from this obligation through a ritual act referred to as chalitzah. (See Deuteronomy 25:7-10.) After this ritual is performed, the court composes a legal record for the woman. See Hilchot Yibbum UChalitzah4:29.
|
| 38. |
When a girl's father dies before she reaches the age of majority, our Sages gave her the opportunity to marry on a conditional basis. If upon attaining the age of majority, or beforehand, she no longer desires to continue her marriage, she does not require a formal divorce. All she need do is state her desire to terminate the marriage. Should she do this, a legal record is composed and granted to her. (See Hilchot Gerushin, Chapter 11.)
|
| 39. |
Although the Torah and the Sages disqualified certain individuals from serving as witnesses or judges, a litigant may, nevertheless, agree to allow such an individual to serve in this capacity (Hilchot Sanhedrin, Chapter 7). The judges may desire to have a written record of the commitment the litigant made.
|
| 40. |
Rashi (Mo'ed Katan 18b) states that this leniency is granted because the person desires to depart on a journey, implying that if that is not the case, a bill of divorce may not be composed. TheShulchan Aruch (Orach Chayim 545:5) quotes the law without qualification, reflecting the Rambam's position. Note, however, Mishnah Berurah 545:20.
|
| 41. |
Although these are all personal matters, since they represent the ongoing needs of a community they are considered to involve the interest of the community at large (Mishnah Berurah 545:20). The Ra'avad differs and maintains that the reason is that the person may suffer a loss if these documents are not composed.
|
| 42. |
The Kessef Mishneh interprets this ruling as an indication that the Rambam maintains that one should not wear tefillin on Chol HaMo'ed. Significantly, in his gloss on Hilchot Tefillin 4:10, theKessef Mishneh focuses on the latter half of this halachah and interprets it as an indication that one must wear tefillin at this time. (See the notes on that halachah for a more detailed discussion of this matter.)
|
| 43. |
This refers to an instance in which there is a scroll available for the communal Torah readings. If there is no scroll available, a Torah scroll may be checked and corrected (Kessef Mishneh; Shulchan Aruch, Orach Chayim 545:2). Following this line of thinking, all texts that are required to be studied on the holiday may be written.
|
| 44. |
The Jerusalem Talmud (Sanhedrin 2:6) relates that since a Torah scroll must be checked for accuracy against an existing scroll, a scroll was kept in the Temple Courtyard for that purpose. (See Hilchot Sefer Torah 7:2.)
|
| 45. |
There is a difference of opinion among the Rabbis with regard to texts that are needed for the community at large, but are not required for the festival itself. From the Rambam's wording, it is clear that he would forbid writing such texts. There are, however, more lenient opinions, and they are favored by the Ramah (loc. cit.:1).
|
| 46. |
This purple thread was used for tzitzit in Talmudic times.
|
| 47. |
According to the Rambam, there is no difference between writing tefillin and mezuzot, and other professions. Only when the wages he earns are required for his livelihood is he allowed to work.
The Ramah (loc. cit.:3) expresses a more lenient view. Since writing tefillin is a mitzvah, it is allowed on Chol HaMo'ed, provided the profits from one's work will enable one to celebrate the holiday in a more lavish manner.
|
| 48. |
The Rambam is explaining that since one is not performing a skilled task, there is no prohibition against this labor. The Ra'avad and Rav Moshe HaCohen differ with the Rambam's rationale and maintain that one is allowed to write social correspondence on Chol HaMo'ed because it is possible that after Chol HaMo'ed, one will have difficulty finding a person with whom to send the letter. One may keep one's accounts, because this is necessary in order to be able to know how much to spend on the holiday.
Although most Sephardic authorities (including the Shulchan Aruch, Orach Chayim 545:5) follow the Rambam's view, the Ashkenazic authorities tend towards the Ra'avad's explanation and forbid writing on Chol HaMo'ed unless a loss is involved. The Ramah thus states that it is customary not to write on Chol HaMo'ed. Nevertheless, the Mishnah Berurah 545:35 states that the more lenient view is generally followed. When writing on Chol HaMo'ed, many do so in a slightly irregular manner, thus adding more halachic weight to the lenient position.
|
| 49. |
Even those that involve the performance of labors that require professional expertise (Mishnah Berurah 547:19).
|
| 50. |
Discretion is necessary, for if the boards are made in public, a passerby might not realize that they are intended for a corpse.
|
| 51. |
For if the deceased's identity is well known, everyone will realize that the boards are for his coffin. In later generations, the Ashkenazic custom was to cut the boards and make the coffin in the courtyard of the synagogue. For most people in a community are aware of a person's death and the fact that the work is carried out in the synagogue courtyard indicates that it is not being performed for a private matter (Hagahot Maimoniot). (See also Mishnah Berurah 547:20.)
|
| 52. |
Although leprosy conveys ritual impurity, that status must be established through the inspection of the suspect portion of the body by a priest. (See Leviticus 13:2.) For the reason explained by the Rambam, the priest should delay his inspection until after the conclusion of the holiday.
As the passage in Leviticus continues, there are times when a person who is suspected of having leprosy must undergo a second (or third) inspection, and carrying out this inspection may be to his benefit. In the Mishnah (Mo'ed Katan 1:5), there is a difference of opinion concerning whether these inspections are carried out during Chol HaMo'ed. Rabbi Meir maintains that they are. If the ruling is lenient, it is delivered; if it is stringent, it is withheld. The Sages maintain that no inspections are carried out during Chol HaMo'ed. Although it appears that the Rambam accepts their view, other opinions explain that he follows Rabbi Meir's view.
Significantly, in Hilchot Tum'at Tzara'at 9:7, the Rambam states, "We inspect leprous blotches every day, with the exception of the Sabbath and yom tov." The latter term does not usually include Chol HaMo'ed.
(We have translated tzara'at as leprosy for this is the common practice. In fact, the Biblical condition described by this Hebrew term differs from the disease known as leprosy today.)
|
| 53. |
The marriage of a person to his brother's childless widow (Deuteronomy 25:5).
|
| 54. |
Torah law defines matrimony as a two-stage process involving betrothal (erusin) and marriage (nisuin). Betrothal establishes the husband-and-wife bond. From that time onward, a woman may not marry anyone else, but neither may the couple live together. Marriage, by contrast, signals the consummation of this relationship, the beginning of the couple's life as a single unit. Today, the common Jewish practice is to complete both stages of the wedding bond in a single ceremony under the wedding canopy.
|
| 55. |
This refers to the remarriage of one's divorcee. The act of remarriage is permitted during Chol HaMo'ed; a feast is not.
|
| 56. |
This refers both to cutting one's hair and - for those who are accustomed - to shaving.
|
| 57. |
The Shulchan Aruch (Orach Chayim 531:1) states that it is a mitzvah to cut one's hair on the day prior to a holiday.
|
| 58. |
A mourner is forbidden to cut his hair or launder his clothes. Indeed, the prohibition against cutting hair continues throughout the thirty days of mourning (Hilchot Eivel 6:2). On this basis, the commentaries question the Rambam's statements. And although the commencement of a holiday nullifies the need to keep the prohibitions of the thirty days of mourning, this is true only when a person has observed a full seven days of mourning before the commencement of the holiday (Ibid. 10:5-6).
For this reason, the Kessef Mishneh and the Radbaz (Vol. VI, Responsum 2164) interpret the leniency mentioned by the Rambam here as referring only to laundering. In his Shulchan Aruch, when mentioning the leniencies regarding cutting hair, Rav Yosef Karo makes no mention of a mourner.
|
| 59. |
The Shulchan Aruch (Orach Chayim 531:4) states that this applies even when a person had been imprisoned by Jews who would have allowed him to cut his hair before the holiday. Since he was upset because of his imprisonment, he did not desire to cut his hair (Mishnah Berurah 531:9).
|
| 60. |
For while under a ban of ostracism, it is forbidden to cut one's hair or launder one's clothes (Hilchot Talmud Torah 7:4).
|
| 61. |
The authority of a wise man to abrogate an oath is discussed in Hilchot Sh'vuot, Chapter 6.
From the wording of the Rambam's Commentary on the Mishnah (Mo'ed Katan 3:1), it would appear that this leniency applies only when one did not have the opportunity of approaching a wise man with this request before Chol HaMo'ed. Accordingly, if one had such an opportunity, it would appear that the vow cannot be abrogated until after the holiday. See Mishnah Berurah 531:11.
|
| 62. |
The Shulchan Aruch (Orach Chayim 531:3) mentions that a person who was prevented from cutting his hair or laundering his clothes by forces beyond his control - e.g., he was detained by contractual negotiations, or he was sick - is not given the opportunity to perform these activities during Chol HaMo'ed. The Mishnah Berurah 531:5 mentions the reason for this stringency: In these instances, the factor holding the person back from cutting his hair or laundering his clothes is not publicly known. In contrast, in all the instances mentioned by the Rambam, the reason why the person did not cut his hair or launder his clothes is common knowledge.
|
| 63. |
After completing the term of his vow, a nazarite must shave his head and bring several sacrifices (Numbers 6:18; Hilchot Nezirut 8:2-3). Similarly, as part of his purification process a leper must shave off all the hair of his body twice (Leviticus 14:8-9; Hilchot Tum'at Tzara'at 11:1-2).
|
| 64. |
A person who is impure may not take part in the festive sacrifices of the Temple. Therefore, it is possible that he did not prepare himself for the holiday. Some also cite Sefer HaMitzvot (Positive Commandment 112), which states that every person who is ritually impure must inform others about his state and make this evident from his physical appearance. One of the ways of doing this would be not to cut one's hair (Rambam La'Am).
|
| 65. |
For the reason for the decree - that one cut one's hair before the holiday - is not relevant for a child, who is not responsible for his conduct.
|
| 66. |
From the Rambam's wording, it appears that he is speaking about an extremely young infant. Nevertheless, the Pri Megadim interprets this as referring to any child under Bar Mitzvah age. (See Mishnah Berurah 531:16.)
|
| 67. |
The prophet Samuel and King David divided the priests into 24 watches, which rotated in the performance of the Temple service. Each watch would serve in the Temple for a week at a time. (See Hilchot Klei HaMikdash 4:3.)
|
| 68. |
This prohibition was instituted for a reason similar to the prohibition against cutting one's hair during Chol HaMo'ed: By preventing the priests from cutting their hair during the week they served in the Temple, the Sages insured that they came to the Temple with their hair already cut (Hilchot Bi'at HaMikdash 1:12).
|
| 69. |
Both fingernails and toenails (Shulchan Aruch, Orach Chayim 532:1).
|
| 70. |
Although the Shulchan Aruch (ibid.) quotes the Rambam's ruling, the Ramah states that it is customary not to cut nails with a utensil during Chol HaMo'ed. [Significantly, the Rambam's ruling with regard to Chol HaMo'ed differs from his ruling regarding the mourning rites (Hilchot Eivel 5:2).]
|
| 71. |
Women are, however, forbidden to cut the hair from their head, as men are (Mishnah Berurah56:16).
|
| 72. |
This was done to remove hair and make the woman's complexion ruddier (Rambam's Commentary on the Mishnah; Mo'ed Katan 1:7).
|
| 73. |
Our translation is based on the Yemenite manuscripts of the Mishneh Torah and the citation of this law in the Shulchan Aruch (Orach Chayim 546:5).
|
| 74. |
A male with a condition resembling gonorrhea, which causes a discharge from his organ other than semen or urine. Such a discharge renders him ritually impure. (See Leviticus 15:2-3; Hilchot Mechusarei Kapparah, Chapter 2.)
|
| 75. |
A woman who experiences vaginal bleeding at times other than when she expects her monthly period. This discharge renders her ritually impure. (See Leviticus 15:25, Hilchot Issurei Bi'ah, Chapter 6.)
|
| 76. |
A woman who becomes impure because of her monthly menstrual bleeding. (See Leviticus 15:19;Hilchot Issurei Bi'ah, Chapters 4 and 5.)
|
| 77. |
The impurity of a woman who gives birth is mentioned in Leviticus, Chapter 12; Hilchot Mechusarei Kapparah, Chapter 1.
|
| 78. |
In the era when all the aspects of the laws of ritual impurity were observed, those who were ritually impure could not participate in the festive celebrations as others could. Therefore, they were not required to launder their clothes. Moreover, at times, these garments were themselves impure and required ritual immersion and laundering.
The Shulchan Aruch does not mention these laws. Although there are certain dimensions of the ritual impurity associated with a zavah, a niddah, and a woman who gives birth that are observed in the present era - e.g., the prohibitions against intimacy - since we are all ritually impure, these individuals' state of impurity does not preclude them from joining in our festive celebrations. Hence, they must prepare their garments before the commencement of the holiday.
|
| 79. |
Our translation is based on the notes of Rav Kappach, who interprets this ruling as not merely a leniency allowing the person to launder his garment during Chol HaMo'ed, but as a charge obligating him to do so, so that he will not wear a soiled garment during the festival season.
|
| 80. |
Others interpret this term as referring to the coverings of sacred texts. (See Maggid Mishneh.)
|
| 81. |
The Hebrew phrase כלי פתשן literally means "linen garments." We have translated the term according to the function these items served in the Talmudic era.
|
| 82. |
The Shulchan Aruch (Orach Chayim 534:2) states that although this is the law, it is customary to be stringent and forbid this. The Mishnah Berurah 534:14, however, mentions certain leniencies - e.g., having them laundered by a gentile. At present when laundering clothes has become a much easier process, the Rabbis have granted greater leniency.
|
| 83. |
The Magen Avraham 539:1 explains that the rationale for this prohibition is that commercial activity involves much effort, and this runs contrary to the atmosphere desired by the Sages for Chol HaMo'ed.
|
| 84. |
As the Maggid Mishneh mentions, there is a difference of opinion among the Rabbis whether the loss of opportunity mentioned refers to a loss the person will suffer - he will either have to pay more for an article that he needs or will not be able to sell an article that he wishes to sell - or if it includes also the opportunity to realize a greater profit. In his Beit Yosef (Orach Chayim 539), Rav Yosef Karo explains that the majority of the Rabbis follow the more lenient view, and he rules accordingly in his Shulchan Aruch (Orach Chayim 539:5).
The Rabbis also ruled with regard to a situation that does not involve a departure from the norm - i.e., as opposed to the instance mentioned by the Rambam, no special situation like visiting merchants arose - but the situation is nevertheless such that were the person not to sell his goods during Chol HaMo'ed, he would not profit to the same degree as if he sold them afterwards. In such a situation, the Shulchan Aruch (Orach Chayim 539:4) rules that one may sell the goods during Chol HaMo'ed, provided that he uses a portion of the profit he makes to enhance his celebration of the festival. Moreover, the Shulchan Aruch restricts this license to a person of moderate means. If the person is affluent and would celebrate the festival amply regardless, he is not allowed to sell his goods during Chol HaMo'ed, unless he will be forced to sell them for less than the principal afterwards.
|
| 85. |
The laws regarding the sale of these entities are more stringent than those involving other items, because the sale of these entities becomes public knowledge quickly.
The Shulchan Aruch (Orach Chayim 539:10) also mentions that these entities may be sold if their sale is necessary for the livelihood of the seller (as mentioned in Halachah 24). The Mishnah Berurah 539:40 adds that one may buy such entities from a gentile. (With regard to the purchase of land from a gentile in Eretz Yisrael, see Hilchot Shabbat 6:11) Others discuss whether it is permissible to buy such an entity during Chol HaMo'ed, if it is likely that a similar entity will not be available after Chol HaMo'ed.
|
| 86. |
All three items mentioned by the Rambam refer to articles that can be stored, and it is thus not directly obvious that one is purchasing the article for use during Chol HaMo'ed (Mishnah Berurah539:34). If produce will not last beyond the festival, it may be sold during Chol HaMo'ed with no restrictions.
|
| 87. |
Shemini Atzeret, in contrast to the last days of Pesach, is considered a holiday in its own right. Therefore, it is proper to adorn the marketplace with produce in its honor. Although this expression of honor is not allowed with regard to the last days of Pesach, it is permitted to sell one's wares openly, without any restrictions, on the day preceding those holidays (Mishnah Berurah 539:37).
|
| 88. |
Or anyone else whose wares testify to the fact that they will be used during Chol HaMo'ed (ibid.:33).
|
| 89. |
There are two interpretations of the expression "does not have food to eat." The Magen Avraham542:1 understands this simply; a person may not hire himself to perform labor unless he has no food whatsoever to eat. The Eliyahu Rabba, however, maintains that this refers to a person who possesses the minimum necessary for subsistence, but lacks the means to celebrate the festival in an ample way. As indicated by the Sha'ar HaTziyun 542:12, it appears that the authorities follow the more stringent view. Neither view, however, requires a person to pawn his household goods to purchase food instead of working to earn his livelihood.
See also the Mishnah Berurah 542:7, which states that even according to the more lenient views, an effort should be made to perform the labor discreetly. For an observer may not realize that the person performing the labor is doing so out of necessity.
|
| 90. |
See the Mishnah Berurah 542:8, which states that it is preferable for a person to sell merchandise instead of working during Chol Hamo'ed. Also, as reflected in the Sha'ar HaTziyun (loc. cit.), even the more stringent views that prevent a person from hiring himself out as a laborer if he possesses his minimum necessities grant him the leniency of selling merchandise in order to celebrate the festival in comfort.
|
| 91. |
The Maggid Mishneh states that this applies only to a building project that all know belongs to a Jew. It is, however, permissible for a gentile to take work home and perform it on a Jew's behalf if he is hired as a contractor and not as a laborer. This conception is also borne out by the ruling of the Shulchan Aruch (Orach Chayim 543:2).
|
| 92. |
In this regard, the laws regarding Chol HaMo'ed are more stringent than those applying to the Sabbath and the holidays. Since on the Sabbath and the holidays it is forbidden to go beyond the city's Sabbath limits, the gentile's performance of the task will not become public knowledge. On Chol HaMo'ed, by contrast, there are no restrictions on travel, and it is possible that many people will become aware of the gentile's activities (Maggid Mishneh). (See also Hilchot Shabbat 6:14-15.)
|
Shevitat Yom Tov - Chapter Eight
Halacha 1
When streams flow from a pond, it is permitted to irrigate parched land from them during [Chol Ha]Mo'ed, provided they do not cease flowing.1 Similarly, it is permissible to irrigate [fields] from a pool through which an irrigation ditch flows.2
Similarly, if a pool [was created from water] dripping from parched land, one may irrigate another portion of parched land from it, provided the stream that irrigated the first portion of parched land has not ceased flowing.
Halacha 2
When half a row of crops is located on low land and half on higher land, one should not draw water from the lower land to irrigate the higher land, for this involves very strenuous activity.
Halacha 3
One should not dig a pit at the roots of a grapevine to collect water. If such pits have already been dug, and they have become impaired, one may fix them during [Chol Ha]Mo'ed. Similarly, one may fix an irrigation ditch that has become impaired6 during [Chol Ha]Mo'ed.
What is implied? If the ditch was only one handbreadth deep, one may dig until it is six handbreadths deep.7 If it was two handbreadths deep, one may dig until it is seven.8
One may cause water to flow from one tree to another,9 provided one does not irrigate the entire field.10 If the field has already been watered, it is permitted to irrigate the entire field.11 One may sprinkle a field during [Chol Ha]Mo'ed. For all these activities do not involve very strenuous effort.
Halacha 4
When plants have not been watered before [the beginning of] the festival, they should not be watered during [Chol Ha]Mo'ed, for [in this situation] they require much water, and this will lead to strenuous effort.12
It is permitted to change [the direction of] a river from one place to another and to open a river that has been dammed. [The following rules apply to] cisterns, trenches, and grottos that belong to a private individual:13 If he needs them,14they may be cleaned and their breaches sealed. One may not, however, dig new ones.15 One may cause water to flow into them, even when one has no [immediate] need for them. One may make a small pool [for soaking flax]16during [Chol Ha]Mo'ed.17
Halacha 5
Mice which damage trees may be snared during [Chol Ha]Mo'ed. In an orchard, one may snare them in one's ordinary fashion. What is implied? One may dig a hole and hang a net.
If an unplowed field18 is located close to an orchard, one may snare the mice in the unplowed field using a technique that departs from one's ordinary practice,19 so that they do not enter the orchard and ruin it. What is meant by snaring them using a different technique? [Instead of digging a hole,] one should implant a shaft in the ground and strike it with a hatchet. Afterwards, one should remove it, leaving a hole in its place.
Halacha 6
When the wall to a garden falls, one may build it as would an amateur,20 put up a divider of reeds, bullrushes, or the like. Similarly, if one erects a guardrail for one's roof, one should build it as would an amateur.21
When, by contrast, the wall to a courtyard falls, one may rebuild it in an ordinary manner.22 If it is deteriorating [and likely to fall], one should tear it down because of the danger and rebuild it in an ordinary manner.
Halacha 7
A person may build a bench23 to sit on or to sleep on. If a hinge, a drainpipe,24a lintel, a lock, or a key becomes broken, one may fix it during [Chol Ha]Mo'ed in an ordinary manner.25 [This ruling applies] whether they are made of iron or of wood - [the rationale is that] this [could result in] a great loss. For if a person leaves the entrance to his house open and the doors broken, he will lose everything within the house. As explained previously,26 whenever [the failure to perform a task will result] in a loss, one need not deviate from one's ordinary practice.
Halacha 8
One may not dig a grave [during Chol HaMo'ed] so that it will be ready for a person should he die; nor may one build a structure for this purpose.27 If [a grave] is already prepared, one may modify it during [Chol Ha]Mo'ed. What is implied? One may increase or decrease its size, so that it will be ready when it is necessary to bury [the intended] in it.
Halacha 9
We may not move a corpse or bones from one grave to another - neither from a more esteemed grave to one of lesser esteem, nor from one of lesser esteem to one of greater esteem. [Indeed,] it is always forbidden to do so, even on ordinary weekdays,28 unless one moves the corpse to an ancestral plot.29 [In such an instance,] on ordinary days, one may move the corpse [even] from an esteemed grave to one of lesser esteem.30
Halacha 10
Halacha 11
We may not bring sheep to pasture [on a field] so that they will fertilize the land [with their manure], for in this way one is enriching one's field during [Chol Ha]Mo'ed. If the sheep come to the field on their own accord,36 it is permitted [to allow them to remain].
We may not help them [enter the field], nor may we entrust them to a shepherd37 who will cause [the herd of] sheep to proceed [from place to place within the field].38 If [a shepherd] is hired on a weekly basis, on a monthly basis, on a yearly basis, or on a seven-year basis [to fertilize one's fields by pasturing sheep within them], one may help them enter the field.39 One may also hire40 a shepherd [on such a basis during Chol HaMo'ed] to cause [the herd of] sheep to proceed from place to place.
One may move manure in a courtyard to the side.41 If [the manure accumulates to the extent that] the courtyard becomes like a barn, one may take the manure out to the waste heap.
Halacha 12
[The following rules apply when a person] levels the surface of the earth [in his field]: If his intent is to prepare a place to store a mound of grain or to thresh there, it is permitted. If his intent is to till his land, it is forbidden.42
Similarly, if a person gathers wood from his field because he needs the wood, it is permitted. If his purpose is to improve the land, it is forbidden. Similarly, when a person opens [a dam, letting] water into his garden, if his intent is that fish will enter,43 it is permitted. If [his intent is] to irrigate the land, it is forbidden.
By the same token, when one trims branches from a date palm, if one's intent is to feed them to an animal, it is permitted. If one's intent is to cultivate the tree, it is forbidden. From the person's deeds, the nature of his intent becomes obvious.44
Halacha 13
Halacha 14
We may seal a jug with tar so that the wine [it contains] will not spoil.50 Similarly, we may seal a bottle with tar, since this does not involve strenuous activity. We may seal the mouth of a jug of beer so that it will not spoil.
We may cover figs [that have been left to dry] with straw so that they will not deteriorate.51 One may soften a garment by hand [after laundering it],52because this does not involve professional expertise. One may not tie the cuffs [of a garment], because this involves a professional activity. The same principles apply in all similar situations.
Halacha 15
We may cut the nails of a donkey that works in a mill53 and we may build a feeding-trough for an animal.54 It is permitted to cut the nails of a horse upon which one rides and to comb its hair so that it will look attractive.
We may not mate animals during [Chol Ha]Mo'ed,55 but we may let their blood. We do not prevent them from receiving any medical treatment.
Any food or drink that is not usually eaten by healthy people and is taken only for therapeutic purposes may be eaten or drunk during [Chol Ha]Mo'ed.56
Halacha 16
We may not move from [a dwelling in] one courtyard to [one in] another courtyard during [Chol Ha]Mo'ed - neither from an unpleasant one to a pleasant one, nor from a pleasant one to an unpleasant one.57 We may, however, move from house to house within the same courtyard.
We may bring articles that will be used during [Chol Ha]Mo'ed from the premises of the craftsman [who made them] - e.g., pillows, blankets, and cups. But articles that are not necessary for the sake of the festival may not be brought [during Chol HaMo'ed]58 - e.g., [we may not bring] a plow from an ironmonger or wool from a dyer.
If the craftsman has nothing to eat, we may pay him and leave the articles in his care.59 If one does not trust him, we may deposit them in the house next to his. If we fear that they might be stolen, we may move them to another courtyard, but we should not bring them home unless [this can be done] in a discreet manner.60
Halacha 17
It is forbidden to perform labor61 on the day before a holiday from mid-afternoon62 onward, as this is forbidden on Friday [afternoons].63
If a person ever performs work during this time, he will never see a sign of blessing from it. We should rebuke him, and force him to stop against his will. He should not, however, be punished with stripes for rebelliousness,64 nor should he placed under a ban of ostracism.
There is an exception: after midday on Pesach afternoon. A person who works at that time should be placed under a ban of ostracism. Needless to say, if he was not placed under a ban of ostracism, he should be given stripes for rebelliousness.65 For the fourteenth of Nisan differs from the day preceding other holidays, because at that time the festive offering is brought and [the Paschal offering] is slaughtered.66
Halacha 18
Therefore, the performance of labor on the fourteenth of Nisan is forbidden by Rabbinical decree67, as on Chol HaMo'ed. [The rulings pertaining to the fourteenth of Nisan] are, however, more lenient than [those pertaining to] Chol HaMo'ed.68
Moreover, it is forbidden to perform labor on [the fourteenth of Nisan] only from midday onward, for this is the time when the sacrifice is offered. From sunrise69until noon, [the practice] is dependent on [local] custom. In places where it is customary to perform labor, one may. In places where it is not customary to perform labor, one may not.70
Halacha 19
Even in a place where it is customary to perform labor, one should not begin the performance of a task on the fourteenth [of Nisan], even though one could complete it before noon.
There are, however, three exceptions to this principle: tailors, barbers, and launderers. With regard to other craftsmen, if they began before the fourteenth, they may finish before noon.71 [The rationale for this distinction is that] the people at large do not have a great need for other labors [for the sake of the holiday].
Halacha 20
When a person journeys from a place where it is customary to perform [labor on the fourteenth] to a place where it is not customary to perform [labor], he should not perform [labor] in a settled region,72 lest [this cause] strife.73 He may, however, perform labor in the desert.74
When a person journeys from a place where it is not customary to perform [labor on the fourteenth] to a place where it is customary to perform [labor], he should not perform [labor at all].75 To a person [who journeys], we apply the stringencies observed in the place that he left and those observed in the place where he arrives.76
Even though [he is prohibited to perform work], he should not make it appear to [the local people] that he is idle because of a prohibition.77 For a person should never deviate [from local custom], lest strife arise.
Similarly, a person who intends to return to his place should follow the customs of the inhabitants of his place, whether stringent or lenient. He should not, however, be seen [conducting himself contrary to the local custom] by the inhabitants of the place where he is located, lest strife arise.78
Halacha 21
[In contrast to Chol HaMo'ed,] we may bring articles to and from the homes of craftsmen on the fourteenth of Nisan after midday, even though they are not needed for the festival.79 We may rake manure from under the feet of livestock and take it out to the dung heap.80
We may make a nest for chickens. When a chicken that sat on eggs for three days or more dies,81 we may place another chicken on the eggs on the fourteenth [of Nisan], so that they will not spoil.82 During [Chol Ha]Mo'ed, by contrast, we may not place [a chicken on the eggs]. If [a chicken] leaves the eggs on which it is sitting during [Chol Ha]Mo'ed, one may return it to its place.
| FOOTNOTES | |
| 1. |
This halachah is based on the principle discussed in Chapter 7, Halachah 2, which states: "When a person irrigates [such land], he should not draw water and irrigate [the land, using water] from a pool or rain water, for this involves strenuous activity. He may, however, irrigate it [using water] from a spring." In all the instances mentioned in this halachah, the water is free-flowing. Hence, there is no need to fear that the person will draw the water using buckets.
|
| 2. |
If, however, an irrigation ditch does not pass through these pools, it is forbidden to use their water during Chol HaMo'ed, for the person will have to refill them by bringing water from a far-removed place. The strenuous activity this involves is not appropriate for the festive spirit of Chol HaMo'ed.
The Kessef Mishneh explains that this applies even when the pool has enough water in it so that one would not have to draw water by hand throughout Chol HaMo'ed. This stringency was instituted to allow for a uniform ruling.
|
| 3. |
Or sold to be eaten by others (Ritba; Mishnah Berurah 537:14).
|
| 4. |
Since the preparation of food for the celebration of the festival is involved, this is permitted even though it involves strenuous effort (Maggid Mishneh).
|
| 5. |
As mentioned in Chapter 7, Halachah 2, it is permitted to irrigate parched land during Chol HaMo'ed, because excessive effort is not involved. In this instance, however, excessive effort is involved. Therefore, it is forbidden to draw water for vegetables. If, however, the vegetables are necessary for use during the holiday, this activity is permitted (Maggid Mishneh).
|
| 6. |
As the Rambam continues to explain [see also Rashi (Mo'ed Katan 4b)], this refers to the ditches becoming filled with silt and debris.
|
| 7. |
The Hebrew word for irrigation ditch אמה also means "cubit." A cubit is six handbreadths high. The fact that the ditch is a handbreadth deep is significant enough to enable the person to be allowed to dig it to its full depth.
|
| 8. |
This question is left unresolved by Mo'ed Katan (loc. cit.). Although the Nimukei Yosef and others differ with the Rambam, the Shulchan Aruch (Orach Chayim 537:6) follows the Rambam's ruling.
|
| 9. |
For trees, like parched land, require irrigation.
|
| 10. |
The Ra'avad objects to the Rambam's ruling, maintaining that it reflects a minority opinion among the Sages. The Shulchan Aruch (loc. cit.:7), however, follows the Rambam's decision.
|
| 11. |
Since it has been watered already, irrigating it further does not require very strenuous activity.
|
| 12. |
The Kessef Mishneh cites this as an expression of a principle of greater scope: Even when the failure to perform a labor will result in significant loss, labor that involves strenuous activity is not performed during Chol HaMo'ed.
|
| 13. |
Compare to the laws pertaining to cisterns and the like constructed on behalf of the public, as described in Chapter 7, Halachah 10.
|
| 14. |
For drinking water.
|
| 15. |
Even when the person needs to dig a well because he lacks drinking water and would prefer to take water from a private well rather than carry water from a distant place. Needless to say, if the person has no water whatsoever to drink, he may dig a well during Chol HaMo'ed.
|
| 16. |
Our translation is based on the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:6). The Ra'avad and Rabbenu Asher interpret the Hebrew term as referring to a pit similar to a grave, and hence forbid digging it unless a person has already died.
|
| 17. |
I.e., the individuals who were given permission to do laundry. (See Chapter 7, Halachah 17.)
|
| 18. |
Our translation is based on the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:4).
|
| 19. |
Rabbenu Yitzchak Alfasi, Rabbenu Asher, and others allow one to snare mice in the ordinary manner in this instance as well. In his Kessef Mishneh and Beit Yosef (Orach Chayim 537), Rav Yosef Karo explains that the difference between these two rulings depends on a difference of opinion regarding the correct version of the text of Mo'ed Katan 6b. Although he quotes both views in his Shulchan Aruch (Orach Chayim 537:13), it appears that Rav Karo favors the more lenient ruling.
|
| 20. |
In his Commentary on the Mishnah (Mo'ed Katan 1:4, based on Mo'ed Katan 7a), the Rambam explains that this means that one may pile the stones one on top of the other, without placing mortar between them. One is not allowed to build it in an ordinary manner, because building involves professional craftsmanship, and there is not a possibility of great loss should others enter one's garden (Mishnah Berurah 440:1-2).
|
| 21. |
Note the Be'ur Halachah, which cites the Ritba's commentary interpreting this as referring to a guardrail on a roof upon which people do not frequently walk. If the roof is used frequently, one should construct a guardrail and fulfill the mitzvah of the Torah (Deuteronomy 22:8). The Be'ur Halachah notes, however, that none of the other commentaries make such a distinction.
|
| 22. |
A wall to one's courtyard protects one's house against thieves. Therefore, building it is considered necessary to prevent a loss and is permitted during Chol HaMo'ed.
|
| 23. |
The Ramban states that this leniency is permitted only when one constructs the bench as would an amateur; it is forbidden to build it in a professional manner. This conception is accepted by theShulchan Aruch (Orach Chayim 540:6).
|
| 24. |
Our translation is based on Rav Kappach's edition of the Rambam's Commentary on the Mishnah (Mo'ed Katan 1:10). Rashi (Mo'ed Katan 11a), Rav David Arameah and the Mishnah Berurah540:11 interpret the Hebrew term as referring to an attachment for the hinge.
|
| 25. |
Even if doing so involves professional craftsmanship.
|
| 26. |
Chapter 7, Halachah 3.
|
| 27. |
The restrictions mentioned in this halachah stem from the fact that it is speaking about digging a grave for a person before his death. When the person has already died, there are no restrictions at all, as stated in Chapter 7, Halachah 15. The Ma'aseh Rokeach explains that the present halachah is speaking about a place where the cemetery is located on rocky terrain, and digging or building a grave takes several days.
|
| 28. |
The Radbaz (in his gloss on Hilchot Eivel) explains that this is a disgrace to the deceased.
|
| 29. |
For a person takes comfort in being buried together with his ancestors (Jerusalem Talmud, Mo'ed Katan 2:4).
|
| 30. |
See Hilchot Eivel 14:15; Shulchan Aruch, Yoreh De'ah 363:1. In the latter source, other reasons why one may disinter a corpse are also mentioned, including a) to re-inter it in Eretz Yisrael, b) because water might destroy it, or c) because it was buried initially with the intent that it be moved.
|
| 31. |
In his Commentary on the Mishnah (Sh'vi'it 2:4), the Rambam explains that foul-smelling material was applied to saplings so that insects would stay away from them.
|
| 32. |
These activities are forbidden because they involve strenuous activity (Mishnah Berurah 537:35).
|
| 33. |
In his Commentary on the Mishnah (Sh'vi'it 2:5), the Rambam explains that oil would be applied to trees and their fruit so that they would ripen more quickly. For this reason, this is permitted during Chol HaMo'ed, for it enables one to have fruit for the festival.
|
| 34. |
Our translation follows the interpretation of Rashi (Mo'ed Katan 12b), who explains that it was common to cover figs and dates with flax while they were being dried.
|
| 35. |
See Chapter 7, Halachah 8.
|
| 36. |
Or they are brought by a gentile shepherd (Shulchan Aruch, Orach Chayim 537:14).
|
| 37. |
The intent is that it is forbidden to hire even a gentile shepherd.
|
| 38. |
In this way, manure will be deposited throughout the entire field and not only in one portion.
|
| 39. |
Since the shepherd is not hired with the specific intent of working during Chol HaMo'ed, but rather Chol HaMo'ed is included within a responsibility of a greater scope (הבלעה), this is permitted.
|
| 40. |
Based on the wording of the Shulchan Aruch (loc. cit.), the Mishnah Berurah 537:49 states that it is forbidden to hire a shepherd for this purpose during Chol HaMo'ed. (See also the Kessef Mishneh, where Rav Yosef Karo explains that the Rambam's interpretation of Mo'ed Katan 12a differs from that of Rashi and the other Ashkenazic authorities.)
|
| 41. |
But one may not remove it unless a large amount accumulates (Shulchan Aruch, Orach Chayim535:3).
|
| 42. |
In this and the following instances, the permitted intent involves preparing food for oneself or one's beast that may be used during the festival. The forbidden intent involves performing a task that is not necessary for the festival and which will not necessarily lead to a loss if it is not performed.
|
| 43. |
And then he will catch them for use during the festival.
|
| 44. |
See Hilchot Zechiyah UMatanah 2:5-8, where the Rambam illustrates how the person's deeds reveal his intent. For example, when a person removes both thin twigs and larger logs, it is obvious that he desires to clean his field. If he removes only larger logs, we may assume that his intent is to gather firewood. If he opens a dam, but does not leave a place for water to flow out, he intends to water his field. If he also opens an outlet for the water, we may assume that his intent is to catch fish.
|
| 45. |
Which were made of clay.
|
| 46. |
Even if this involves professional activity, it is permitted, because it will enable a person to cook his food for the festival (Mishnah Berurah 540:18).
|
| 47. |
This upper layer serves as insulation and maintains the oven's heat. It will serve this purpose even if it does not dry during the festival (Mishnah Berurah 540:20).
|
| 48. |
In the Talmudic era, the beds resembled hammocks. This is permitted only when one's intent is to use the bed during the festival (Mishnah Berurah 541:4).
|
| 49. |
For the mill can produce flour that is necessary for the festival.
|
| 50. |
For we are allowed to perform labor during Chol HaMo'ed to prevent the occurrence of a loss.
|
| 51. |
Because of rain or dew.
|
| 52. |
For a garment often becomes stiff after it is laundered. (See Hilchot Shabbat 22:17.)
|
| 53. |
Unless the donkey's nails are trimmed, they will cause it pain, and prevent it from working to its capacity (Mishnah Berurah 540:25).
|
| 54. |
The Shulchan Aruch (Orach Chayim 540:5) specifies that the stall must be built without professional expertise.
|
| 55. |
The Mishnah Berurah 536:6 states that although we may not take an active role in the mating process, we may put a male and a female animal in the same corral and allow them to mate.
|
| 56. |
Although these activities are forbidden on the Sabbath (Hilchot Shabbat, Chapter 21). Moreover, one may perform any labors necessary to prepare drugs or medicines during Chol HaMo'ed (Mishnah Berurah 532:5).
|
| 57. |
The Ra'avad (based on the Jerusalem Talmud, Mo'ed Katan 2:4) states that one may move from a rented apartment into one's own home during Chol HaMo'ed, even if the rented apartment is more pleasant than one's own home, because it is comfortable for a person to dwell in his own home. The Maggid Mishneh states that the Rambam does not mention this ruling because it conflicts with the statements of the Babylonian Talmud. Generally, when there is a difference of opinion between the Babylonian Talmud and the Jerusalem Talmud, the rulings of the former are followed.
The Shulchan Aruch (Orach Chayim 535:2) mentions the Ra'avad's opinion with the preface "There are those who say...." The Ramah (loc. cit.:1) mentions that if one lives in a dangerous neighborhood, one may move during Chol HaMo'ed. The Mishnah Berurah 535:7 states that leniency may also be granted to allow a person to move from a non-Jewish neighborhood to a Jewish one.
|
| 58. |
This prohibition applies even when the articles were finished before the commencement of the festival. The Mishnah Berurah 534:16 mentions two reasons for this prohibition: a) because bringing these articles involves strenuous effort, b) because an observer might think that the person intended that they be repaired during Chol HaMo'ed.
|
| 59. |
The Mishnah Berurah 534:17 explains that we may pay the craftsman whether or not he has food to eat. He interprets the wording as meaning that even when he has nothing to eat, and it is therefore necessary to pay him, we may not take the article from him.
|
| 60. |
The Mishnah Berurah 534:18 explains that although he is permitted to work during Chol HaMo'ed, it is forbidden to carry the articles in public view because of the impression that it might create.
|
| 61. |
Here also the intent is not the labors forbidden on Sabbaths and holidays, but rather involvement in tasks that are not for the sake of the festival.
|
| 62. |
This refers to minchah k'tanah, nine and a half seasonal hours after sunrise (3:30 PM on a day when the sun rises at 6 AM and sets at 6 PM).
|
| 63. |
See Hilchot Shabbat 5:19-20.
|
| 64. |
This punishment is administered for violating a Rabbinic commandment, while the prohibition against doing work on these days is considered merely a custom.
|
| 65. |
As reflected in Chapter 1, Halachah 22, being placed under a ban of ostracism is a more severe punishment that receiving stripes for rebelliousness.
|
| 66. |
"It is not appropriate that a person should be involved in his everyday tasks while his sacrifice is being offered" (Jerusalem Talmud, Pesachim 4:1).
Although at present the Temple is destroyed and it is impossible to bring the Paschal sacrifice, the original decree is still in force and it is forbidden to perform labor at this time (Maggid Mishneh).
|
| 67. |
Note Tosafot (Pesachim 50a) and the Tzalach, who consider the fourteenth of Nisan to be a holiday established by the Torah itself.
|
| 68. |
As explained in Halachah 21.
|
| 69. |
During the night [until sunrise], however, there are no restrictions against performing labor (Pesachim 2b, 55a).
|
| 70. |
The Ramah (Orach Chayim 468:3) states that the Ashkenazic custom is not to perform labor before noon on this day. Nevertheless, subsequent authorities have not accepted this as a universal ruling, and maintain that everything is dependent on local custom.
|
| 71. |
The Rambam's ruling is based on his interpretation of the Mishnah (Pesachim 4:7) as applying in a place where it is customary to perform labor on the fourteenth. Others (the Ra'avad and Rabbenu Asher) interpret the Mishnah as applying in a place where it is customary not to perform labor on the fourteenth.
This interpretation leads to a more lenient ruling: In a place where it is customary to perform labor, all labor may be performed on the fourteenth of Nisan. In a place where it is not customary to perform labor, any labor that was begun before the fourteenth and is intended for the sake of the holiday may be completed before dawn. The three labors mentioned may be begun on the fourteenth of Nisan if they are performed for the sake of the holiday, provided they can be completed before noon. The Shulchan Aruch (Orach Chayim 468:5) quotes the Rambam's ruling, while the Ramah follows the more lenient approach.
|
| 72. |
Where people will see his actions.
|
| 73. |
I.e., people will see him departing from the local custom, and when he explains the reason for his actions an argument may arise.
|
| 74. |
This leniency applies provided he intends to return to his original locale.
|
| 75. |
In this instance as well, the ruling applies to a person who intends to return to his original locale. If he does not intend to return, he is not bound by the stringencies observed there (Shulchan Aruch HaRav 468:9).
|
| 76. |
This is a general principle applying not only on the fourteenth of Nisan, but to the entire year, provided the person intends to settle permanently in the city.
This principle does not, however, apply in most contemporary Jewish communities, because they were settled by people with different customs, and a fixed practice was never adopted for the city at large. Accordingly, in such an instance, a person should follow the customs of his ancestral home (Orach Mishpat, Responsum 17).
|
| 77. |
There are many idle people in the public thoroughfare who do not perform labor. He should conduct himself like one of these individuals and not like a person who refrains from performing labor because of a prohibition (Pesachim 51b).
|
| 78. |
These are also principles whose scope extends beyond the particular laws of the fourteenth of Nisan (Shulchan Aruch HaRav 468:14; Mishnah Berurah 468:22). Shulchan Aruch HaRav goes further and explains that if it is impossible for the person not to perform work without calling attention to his actions, he should perform the work, because maintaining peaceful social relations overrides the importance of preserving the customs of one's native land.
|
| 79. |
Compare to Halachah 16.
|
| 80. |
Compare to Halachah 11.
|
| 81. |
Before three days have passed, the eggs would still be eaten by a person who is not fastidious about his food. Therefore, leniency is not granted (Shulchan Aruch HaRav 468:19; Mishnah Berurah 468:34).
|
| 82. |
Shulchan Aruch HaRav (loc. cit.) interprets the Rambam's decision as forbidding the placing a chicken on eggs at the outset on the fourteenth of Nisan. The Mishnah Berurah 468:36, however, mentions opinions that advise leniency in a case of need.
|
Chometz U'Matzah - Chapter One
Halacha 1
Anyone who intentionally eats an olive's size [כזית, or more] of chametz on Pesach from the beginning of the night of the fifteenth [of Nisan] until the conclusion of the day of the twenty-first [of Nisan] is liable for כרת, as [Exodus 12:15] states: "Whoever eats leaven... will have his soul cut off."
[Should one eat this amount of chametz] unintentionally, one is liable to bring a fixed sin offering [as atonement].
[The above applies] equally to one who eats chametz and one who converts it into a liquid and drinks it.
Commentary Halacha
Anyone who intentionally eats an olive's size -- Whenever the Torah uses the verb אכל (eat) in the context of a mitzvah or a prohibition, it refers to the consumption of at least a minimum amount, established by Eruvin 4b as the size of an olive.
It must be emphasized that the measure of a כזית (an olive's size) cannot be determined by measuring an average olive today. Rather, it is dependent on the measure established by the Sages and this is the subject of debate by the Rabbinic authorities. The Pri Chadash (Orach Chayim 486) explains that the Rambam considers an olive as one third the size of an egg (כביצה, a more familiar Talmudic measure). In terms of modern measurements, this olive size would be between 16.6 and 24 grams, according to various Halachic opinions.
Tosefot (Chullin 103a) differs, and defines a כזית(the size of an olive) as one half the size of an egg (between 25.6 and 36 grams according to the various opinions). With regard to the practical application of the law (halachah l'ma'aseh), the Shulchan Aruch HaRav (Orach Chayim 486) advises that in all questions of Torah law, Tosefot's opinion should be followed. However, in questions of Rabbinic law, the more lenient opinion can be relied upon.
[or more] -- Eating less than this amount of chametz is also forbidden by Torah law. However, there is no punishment for its consumption, nor need a sacrifice be brought as atonement (See Halachah 7).
of chametz -- any mixture made from grain or grain products that has come into contact with water and was allowed to become leavened. The following (and only the following) five species are referred to as grain: wheat, rye, barley, oats, spelt.
on Pesach, from the beginning of the night of the fifteenth [of Nisan] until the conclusion of the day of the twenty-first [of Nisan] -- In the mitzvot mentioned above, the Rambam also mentions the prohibition against eating chametz from noon on the fourteenth of Nisan. However, the violation of that prohibition is not punishable by כרת.
is liable for כרת -- The prohibition against eating chametz on Pesach is counted as one of the 613 mitzvot of the Torah. See Sefer HaMitzvot, negative commandment 197; Sefer HaChinuch, mitzvah 19.
as [Exodus 12:15] states: "Whoever eats leaven... will have his soul cut off" -- Moed Kattan 28a relates that a person who violated a sin punishable by כרת would die before reaching the age of fifty.
In his commentary on the Mishnah, Sanhedrin 9:6, the Rambam emphasizes that premature death does not represent the totality of the retribution these individuals will receive. In addition, "their souls will be cut off."
In Hilchot Teshuvah 8:1, the Rambam elaborates on the latter dimension:
The good that is hidden for the righteous is the life of the world to come... The retribution of the wicked is that they will not merit this life. Rather, they will be cut off and die.This is the intent of the meaning of the term כרת in the Torah, as [Numbers 15:31] states: "That soul shall surely be cut off."
[Should one eat this amount of chametz] unintentionally -- בשוגג,
he is liable to bring a fixed sin offering -- The Rambam adds the word "fixed" to indicate that he is referring to the standard sin offering described inLeviticus 4:27-35, in contrast to the offering to atone for certain sins mentioned in Leviticus, Chapter 5. (See Hilchot Shegagot 1:3.) The latter offering is not "fixed," but rather is adjustable according to the financial state of the person liable.
[as atonement] -- Keritot 2a states that a person who unintentionally commits a transgression for which one would be liable for כרת must bring a sin offering in atonement.
[The above applies] equally to one who eats chametz and one who converts it into a liquid and drinks it -- Though the Torah specifically mentions "eating," Chullin 120a equates drinking a liquid made from chametz and water with the former act. In his responsum (Vol. V, 1517), the Radbaz differentiates between mixing chametz with water (the instance in question here) and mixing chametz with other substances, as mentioned in Halachah 6. The punishment of כרת applies only when nothing else but chametz and water is contained in the mixture.
Halacha 2
On Pesach, it is forbidden to derive any benefit from chametz, as [Exodus 13:3] states: "Do not eat (לא יאכל) chametz"; i.e., it is not permitted [to be used to derive benefit that leads to] eating.
A person who leaves chametz within his property on Pesach, even though he does not eat it, transgresses two prohibitions: [Exodus 13:7] states: "No leavening agent may be seen in all your territory" and [Exodus 12:19] states: "No leavening agent may be found in your homes."
[Though the prohibitions stated in these verses apply to שאור,] it is the same prohibition which forbids both חמץ (leaven) and שאור (a leavening agent).
Commentary Halacha
On Pesach -- As stated in Halachah 9, once chametz becomes forbidden on noon of the fourteenth of Nisan, we may not derive any benefit from it.
it is forbidden to derive any benefit from chametz -- for example, to sell it or use it for purposes other than eating.
as [Exodus 13:3] states: "Do not eat (
לא יאכל) chametz"; i.e., it is not permitted [to be used to derive benefit that leads to] -- The bracketed additions are based on Rashi's commentary onPesachim 21b.
eating. -- The Rambam's statements are somewhat problematic. Pesachim21b records the following disagreement between the Sages:
Chizkiyah states: What is the source from which we learn that it is forbidden to derive benefit from chametz? [Exodus 13:3] states: "Do not eat (לא יאכל) chametz"; i.e., it is not permitted [to be used to derive benefit that leads to] eating.His decision is based on the fact that the Torah uses the expression לא יאכל. Had the Torah not written יאכל לא, we may presume that a prohibition against eating would be implied, but not a prohibition against deriving benefit.This contradicts the opinion of R. Abahu who states: Wherever the Torah states לא תאכל, לא יאכלor לא תאכלו, a prohibition against eating and deriving benefit is implied.
The Rambam's statements in this Halachah quote the opinion of Chizkiyah. However, in Hilchot Ma'achalot Asurot 8:15, he quotes the opinion of R. Abahu as accepted halachah.
The Kessef Mishneh resolves the contradiction, explaining that in the halachah at hand, there is no difference in law between Chizkiyah and R. Abahu. Therefore, although the Rambam generally accepts R. Abahu's opinion, in this instance he quotes Chizkiyah's statements because the manner in which the latter derives the concept is more explicit.
A person who leaves chametz within his property on Pesach, even though he does not eat it, transgresses two prohibitions: [Exodus 13:7] states: "No leavening agent may be seen in all your territory" -- This prohibition is counted as one of the 613 mitzvot of the Torah: Sefer HaMitzvot, negative commandment 200; Sefer HaChinuch, mitzvah 20.
and [Exodus 12:19] states: "No leavening agent may be found in your homes" -- This prohibition is counted as one of the 613 mitzvot of the Torah:Sefer HaMitzvot, negative commandment 201; Sefer HaChinuch, mitzvah 11.
[Though the prohibitions stated in these verses apply to
שאור,] -- S'or refers to leavening agents, notably yeast.
it is the same prohibition which forbids both
חמץ (leaven) and שאור (a leavening agent) -- Beitzah 7a explains that Exodus 13:7 mentions both chametz (leaven), and שעור (S'or, a leavening agent) in the same verse to emphasize that they are identical.
The Ra'avad comments that the equation between the prohibitions against chametz and S'or is not complete. Among the differences between them are: Once chametz is no longer fit to be eaten by a dog, it is no longer prohibited. In contrast, yeast is never fit to be eaten and is prohibited even in that state. Nevertheless, the Maggid Mishneh and the Kessef Mishneh do not accept his statements.
Halacha 3
[A violator] is not lashed for [transgressing the prohibitions] not to have [chametz] seen [in his possession] and not to have [chametz] found [in his possession] unless he purchased chametz on Pesach or [caused flour] to become leavened, and thus committed a deed.
However, if he possessed chametz before Pesach, and when Pesach came he did not destroy it and left it in his possession, even though he transgresses two prohibitions, according to the Torah, he is not lashed, for he did not perform a deed. [Nevertheless,] he is given "stripes for being rebellious."
Commentary Halacha
[A violator] is not lashed -- this is the punishment given for the active violation of any of the Torah's prohibitions that are not punishable by death.
for [transgressing the prohibitions] not to have [chametz] seen [in his possession] and not to have [chametz] found [in his possession] unless he purchased chametz on Pesach -- The Tzafnat Paneach emphasizes that this law applies only to chametz purchased from a gentile. However, once chametz belonging to a Jew becomes prohibited, that Jew no longer has the authority to sell it. Thus, the purchaser will never really become the legal owner of the chametz (See Rashi, Sukkah 35a; Tosefot, Chullin 4b).
The Or Sameach questions how a person can become liable even for chametz purchased from a gentile, but resolves the issue based on the commentary of Rabbenu Nissim (Avodah Zarah, Chapter 3).
or [caused flour] to become leavened, and thus committed a deed. -- TheMishneh LaMelech raises a significant question: A person is not liable for lashes for violating any prohibition which he can correct by fulfilling a positive commandment (לעשה לאו הניתק): For example, if a person violates the prohibition against taking both a mother bird and her eggs, he can free himself from the punishment of lashes by sending away the mother bird.
Tosefot (Pesachim 29b) states that the prohibition against chametz being seen in one's property falls into the above category, because one can correct the violation of this prohibition by fulfilling the positive commandment to destroy chametz. Thus, it appears that a person can never be held liable for lashes for this transgression.
Among the resolutions offered to this difficulty is that of Rav Chayim Soloveitchik, who explains that Tosefot's statements apply only according to the opinion of Rabbi Yehudah, who maintains that chametz must be destroyed by burning. However, according to the Sages (whose opinion is accepted by the Rambam, Halachah 3:11), who maintain that chametz can be destroyed by any means, not necessarily burning, the prohibition against possessing chametz is not considered a לאו הניתק לעשה.
What is the essential difference between these opinions: Rabbi Yehudah maintains that the fundamental aspect of the mitzvah to destroy chametz revolves upon the article itself (חפצה); it is a mitzvah to destroy chametz. In contrast, the Sages maintain that the mitzvah centers on the person (גברה); he is commanded to remove all chametz from his possession.
According to Rabbi Yehudah, since the commandment revolves around the chametz itself, its destruction directly "corrects" the sin of its possession. In contrast, according to the Sages, the positive commandment of ridding one's house of chametz is merely a reinforcement of the prohibition against its possession, and the fulfillment of the positive commandment does not have the power to "correct" the violation of the prohibition.
However, if he possessed chametz before Pesach, and when Pesach came he did not destroy it, and left it in his possession -- However, should he remove it from his possession (by giving it to another person or declaring it ownerless), he is not liable even if he does not actually destroy the object.
even though he transgresses two prohibitions, according to the Torah, he is not lashed, for he did not perform a deed. -- Sh'vuot 21b states: "The transgression of any prohibition which does not involve a deed is not punishable by lashing."
[Nevertheless,] he is given stripes for being rebellious -- "Stripes for being rebellious (מכות מרדות)" is a punishment instituted by the Sages for violation of a Rabbinic prohibition. A person liable for lashing according to Torah law receives a uniform number of 39 lashes unless he is physically incapable of bearing that number. In contrast, the number of lashes given to a person liable for "stripes for being rebellious" is left to the discretion of the court.
Chullin 14b states that this punishment is also inflicted upon those who violate a Torah prohibition that is not punishable by lashing.
Halacha 4
It is prohibited to ever benefit from chametz [that a Jew] possessed during Pesach. This prohibition is a penalty instituted by the Sages. Since the person transgressed [the prohibitions against chametz] being found and being seen [in his possession], they prohibited its use.
[The above applies] even if he inadvertently left [the chametz in his possession during Pesach] or was forced to do so. [These stringencies were instituted] lest a person leave chametz in his possession during Pesach in order to benefit from it after Pesach.
Commentary Halacha
It is prohibited to ever benefit from chametz -- itself, in contrast to mixtures of chametz, as explained in Halachah 5.
[that a Jew] -- in contrast to a gentile (Pesachim 28a).
possessed during Pesach -- This prohibition applies to all Jews, not only to the owner of the chametz (Rabbenu Nissim, Pesachim 28). Thus, it is prohibited to buy chametz from a store owned by a Jew who did not observe the prohibition against possessing chametz on Pesach.
This prohibition is a penalty instituted by the Sages. -- Pesachim 29a mentions Rabbi Yehudah's opinion that the prohibition stems from the Torah itself. However, this opinion is not accepted as halachah.
The Tzafnat Paneach explains that the debate between Rabbi Yehudah and Rabbi Shimon (who maintains that the Torah does not forbid benefiting from chametz after Pesach) revolves around an abstract concept. Rabbi Yehudah maintains that once Pesach comes, chametz itself becomes forbidden and, therefore, can never become permitted again. In contrast, Rabbi Shimon maintains that the prohibition does not affect the essence of the chametz itself. Thus, we are forbidden to benefit from it during Pesach, but after Pesach there is no prohibition.
Since the person transgressed the [prohibitions against chametz] being found and being seen [in his possession], they prohibited its use -- TheMaggid Mishneh explains that the prohibition against using a Jew's chametz after Pesach applies even when the prohibitions against possessing chametz are not violated. See Halachah 4:5.
[The above applies] even if he inadvertently left [the chametz in his possession during Pesach] -- e.g., he forgot that he possessed it.
or was forced to do so -- The Nodah BiYhudah (Orach Chayim 20) gives an example of such a case. A thief stole chametz from a person before Pesach and returned it to him after the holiday. Even though the person had no opportunity to destroy it before Pesach, it is forbidden.
In that responsum, the Nodah BiYhudah also raises the following question: A person died on the fourteenth of Nisan without nullifying or selling his chametz. Are his heirs forbidden to benefit from that chametz or not? He maintains that although the Rambam would probably prohibit benefiting from this chametz, there are rationales on the basis of which its use may be permitted. [Other authorities (note Shulchan Aruch HaRav, Kuntres Acharon 435) do not accept this conclusion.]
[These stringencies were instituted] lest a person -- intentionally
leave chametz in his possession during Pesach in order to benefit from it after Pesach -- on the pretense that he had forgotten about its existence.
Halacha 5
If, on Pesach, even the slightest amount of chametz becomes mixed together with another substance, either of its kind or not of its kind, [the entire mixture] is forbidden.
Though it is forbidden to benefit from chametz which a Jew possessed on Pesach, if it became mixed with another substance, whether of its kind or not of its kind, it is permitted to be eaten after Pesach. [The Sages] only penalized and forbade [the use of] chametz itself. A mixture [containing chametz possessed on Pesach] is permitted to be eaten after Pesach.
Commentary Halacha
If, on Pesach, -- Rabbenu Asher and the Sefer Mitzvot Gadol maintain that this principle does not apply until the holiday itself actually begins. Thus, even if chametz became mixed with other substances on the fourteenth of Nisan, after the time chametz is forbidden, the mixture is bound by the laws regarding the nullification of forbidden objects (ביטול איסורים) that apply throughout the entire year.
The Kessef Mishneh maintains that a simple interpretation of the Rambam's statements leads to the conclusion that he accepts this opinion. Though others, among them the Maggid Mishneh, do not accept this view, it is accepted as Halachah (Shulchan Aruch, Orach Chayim 447:2).
even the slightest amount of chametz becomes mixed together with another substance -- Ordinarily, it is permissible to use a mixture of a prohibited substance and a permitted substance provided that the permitted substance is present in a greater amount, to the extent that the prohibition is nullified (ביטול איסור).
either of its kind -- When the prohibited substance is of the same kind as the forbidden substance (e.g., improperly slaughtered meat mixed with properly slaughtered meat), all that is required to nullify the prohibition is that the permitted substance constitutes the majority of the mixture (Hilchot Ma'achalot Asurot 15:1).
or not of its kind -- When the prohibited substance is of a different kind from the permitted (e.g., forbidden fats mixed with grain), the prohibition is ordinarily nullified if the taste of the forbidden article is not discernible, or the quantity of the permitted substance is at least 60 times as great as the forbidden article (ibid. 15:1, 6).
[the entire mixture] is forbidden -- The above principles do not apply with regard to chametz on Pesach. Even the slightest mixture of chametz may not be eaten, nor may benefit be derived from it. In Hilchot Ma'achalot Asurot(15:9), the Rambam explains that this stringency is instituted because chametz is a דבר שיש לו מתירין (a substance which later will become permitted).
A דבר שיש לו מתירין which becomes mixed together with a permitted substance of its own kind is never permitted to be used because of the following rationale: Since its use in its entirety will later become permitted, there is no need to grant a leniency allowing it to be eaten when forbidden.
Similarly, with regard to chametz on Pesach: There is no prohibition against using a mixture of chametz after Pesach. Hence, there is no need to grant permission to eat such a mixture on Pesach itself, even though the quantity of the permitted substance far surpasses that of the chametz.
Furthermore, there is a stricter dimension to chametz than to any other דבר שיש לו מתירין. Generally, a דבר שיש לו מתירין is permitted if it becomes mixed with a substance of another kind to the extent that its taste can no longer be discerned. However, this leniency is not granted regarding mixtures of chametz. Since Exodus 12:20 states: "You must not eat any leaven," the severity of the prohibition obligates additional stringency.
Though it is forbidden to benefit from chametz which a Jew possessed on Pesach, if it became mixed with another substance, whether of its kind -- for example, a dough containing yeast mixed with flour.
or not of its kind -- for example, a mixture of flour with any other substance.
it is permitted to be eaten after Pesach. -- The Ma'aseh Rokeach explains that this leniency applies whether the mixture occurred after Pesach or on the holiday itself. Nevertheless, the latter point should not be misinterpreted. Should such a mixture be discovered on Pesach, we are obligated to destroy it (Ramah, Orach Chayim 447:1). Nevertheless, if either intentionally or unintentionally, the mixture was not destroyed on the holiday itself, it may be used afterwards.
[The Sages] only penalized and forbade [the use of] chametz itself. A mixture [containing chametz possessed on Pesach] is permitted to be eaten after Pesach. -- Pesachim 30a explains that since the penalty is of Rabbinic origin, it was applied only to chametz itself and not to mixtures.
Halacha 6
One is liable for כרת only for eating chametz itself. However, a person who eats a mixture containing chametz--for example, Babylonian kotach, Median beer, or similar mixtures which contain chametz--[is punished by] lashes and is not liable for כרת [for this involves the transgression of a different commandment], as [Exodus 12:20] states: "Do not eat any leaven."
When does the above apply? When the person consumed an olive size of chametz [while eating] from the mixture within the time it takes to eat three eggs or less. Then, he is obligated for lashes by the Torah. However, if he does not consume an olive size of chametz from the mixture in less time than it takes to eat three eggs, even though such eating is forbidden, he is not [punished by] lashing. Rather, he is given "stripes for being rebellious."
Commentary Halacha
One is only liable for כרת -- as stated in Halachah 1
for eating chametz itself. However, a person who eats a mixture containing chametz, for example, Babylonian kotach -- a mixture including sour milk, moldy bread crusts, and mineral salts (Pesachim 42a).
Median beer -- beer made of fermented barley, as our beer. Generally, the beer referred to in the Talmud was made from fermented dates (Rashi,Pesachim 42b).
or similar mixtures which contain chametz -- Pesachim 42a also emphasizes that a person transgresses the commandments against possessing chametz if he owns any of the above mixtures.
[is punished by] lashes and is not liable for
כרת [for this involves the transgression of a different commandment] -- different from eating chametz itself
as [Exodus 12:20] states: "Do not eat any leaven." -- The Sefer HaMitzvot(negative commandment 198) and the Sefer HaChinuch (mitzvah 12) consider this as one of the Torah's 613 commandments.
Nevertheless, this decision is a matter of debate among the commentators. The Ramban (Hasagot to Sefer HaMitzvot) does not accept the Rambam's view, and explains that a person who consumes an olive size of chametz within the specific time period (פרס כדי אכילת) described below should be liable for כרת as described in Halachah 1. See also Halachah 4:8 and commentary.
The Maggid Mishneh supports the Ramban's view, noting that in Hilchot Ma'achalot Asurot 15:3, the Rambam himself explains that any person who eats a mixture containing an olive size of a forbidden food within this time period is liable, just as if he had eaten the forbidden food itself.
Based on the explanation of the Tur (Orach Chayim 442), the Drisha and thePri Chadash interpret the Rambam as referring to a mixture to which the chametz does not impart any flavor and is added only for consistency and color.
The Tzafnat Paneach offers a different interpretation, explaining that were chametz to be mixed with other foods, a person eating the mixture would be liable for כרת as the Ramban states. However, the Rambam is talking about an instance when flour was mixed with another substance and became leavened as part of the mixture, without ever becoming a distinct entity of its own. The Torah considers this as a different category of chametz and holds a person who eats it liable for a lesser punishment.
When does the above apply? When the person consumed an olive size --the minimum size of a prohibited substance for which one is liable for punishment, as explained in Halachah 1.
of chametz [while eating] from the mixture within the time it takes to eat three eggs or less -- This period (כדי אכילת פרס in Hebrew) is significant in halachah. Just as the Torah requires a specific quantity, the size of an olive, as regards many of the mitzvot and prohibitions concerning eating, it also specifies a limited period in which this amount of food must be consumed: אבילת פרס כדי.
This measure is also a point of Rabbinic controversy. The Rambam defines it as the time it takes to eat three eggs (Hilchot Ma'achalot Asurot 14:8). Rashi (Pesachim 44a) takes a more lenient view, defining it as the amount of time it takes to eat four eggs. As regards this matter as well, the Shulchan Aruch HaRav (Orach Chayim 612:4) advises that whenever a question of Torah law is involved, the more stringent opinion should be observed. However, in questions of Rabbinic law, the more lenient view can be relied on.
In converting this figure to modern measures of time, there is also a difference of opinion. The shortest opinion limits this period to two minutes. The most commonly accepted view is four minutes and there are opinions of seven and eight minutes as well.
Then, he is obligated for lashes by the Torah -- as explained above.
However, if he does not consume an olive size of chametz from the mixture in less time than it takes to eat three eggs, even though eating it is forbidden -- for as explained in the previous halachah, chametz can never be nullified within a mixture. As the following halachah explains, eating less than an olive size of chametz is also prohibited by Torah law. Nevertheless,
he is not [punished by] lashing. Rather, he is given "stripes for being rebellious" -- see Halachah 3.
Halacha 7
Eating even the slightest amount of chametz itself on Pesach is forbidden by the Torah as [Exodus 13:3] states: "Do not eat [leaven]." Nevertheless, [a person who eats chametz] is not liable for כרת, nor must he bring a sacrifice for anything less than the specified measure, which is the size of an olive.
A person who intentionally violates the prohibition and eats less than an olive size of chametz is given "stripes for being rebellious."
Commentary Halacha
Eating even the slightest amount of chametz itself -- The laws regarding mixtures of chametz were mentioned in the previous halachah.
on Pesach is forbidden by the Torah -- The commentaries cite the source for the Rambam's decision as Yoma 73b, which mentions Rabbi Yochanan's opinion that all the Torah's prohibitions against eating apply even when one consumes less than the size of an olive (חצי שיעור), that measure being significant only as regards punishment.
as [Exodus 13:3] states: "Do not eat [leaven]" -- The Kessef Mishnehquestions why the Rambam cites this verse. Yoma (ibid.) derives the prohibition against eating less than an olive size of prohibited substances from another source.
The Radbaz (Responsa, Vol. V, 143) explains that the prohibition against חצי שיעור exists only when eating the prohibited substance itself. In contrast, חצי שיעור of chametz is forbidden even when mixed with other substances, as explained in the previous halachah. He explains that since deriving benefit from chametz is forbidden according to Torah law, that prohibition also includes eating חצי שיעור in any form.
Nevertheless, [a person who eats chametz] is not liable for
כרת nor must he bring a sacrifice for anything less than the specified measure, which is the size of an olive -- as stated in Halachah 1.
A person who intentionally violates the prohibition and eats less than an olive size of chametz -- The Kessef Mishneh questions why the Rambam begins the halachah by describing the prohibition against "even the slightest amount" of chametz, and concludes with the expression "less than the size of an olive."
is given "stripes for being rebellious" -- Hilchot Ma'achalot Asurot 8:16 states that anyone who benefits from forbidden substances receives "stripes for being rebellious." A person who eats less than the size of an olive of chametz also benefits, and hence is liable for this punishment.
Halacha 8
It is forbidden to eat chametz on the day of the fourteenth [of Nisan] from noon onward--i.e., from the beginning of the seventh hour of the day. Any person who eats chametz during this time is punished by lashes according to Torah law, as [Deuteronomy 16:3] states: "Do not eat any leaven with it "; i.e., together with the Paschal sacrifice.
Based on the oral tradition, we received the interpretation of that statement as: Do not eat any chametz during the time which is fit to slaughter the Paschal sacrifice, that being the afternoon--i.e., after midday.
Commentary Halacha
It is forbidden to eat chametz on the day of the fourteenth [of Nisan] from noon onwards -- The Sefer HaMitzvot (negative commandment 199) and theSefer HaChinuch (mitzvah 485) count this as one of the 613 mitzvot of the Torah. The Ramban and the Ra'avad take issue with this point, explaining that from noon on the fourteenth of Nisan until the beginning of the fifteenth at nightfall, there is a positive commandment to rid one's house of chametz, but no negative command forbidding the possession or eating of chametz.
i.e., from the beginning of the seventh hour of the day -- The intent of this expression is midday. However, in particular, the term needs elaboration: According to Torah law, a day begins at dawn (עלות השחר), the appearance of the first rays of sun, and ends when three stars appear (םיבכוכה תאצ, Berachot 2b). This period is divided into 12 and the resulting figure is referred to as one seasonal hour (שעה זמנית). [Other opinions consider the period to be divided into twelve as beginning at the appearance of the sun, נץ החמה, and ending at sunset.]
Thus, if dawn were at 5:09 AM and three stars appeared at 6:45 PM, each seasonal hour would be an hour and eight minutes, and the beginning of the seventh hour would be 11:57 AM.
Any person who eats chametz -- The Rambam explicitly states that lashes are never given for violating prohibitions against benefiting from forbidden articles (Hilchot Ma'achalot Asurot 8:16). The Mishneh Lamelech (Hilchot Yesodai HaTorah 5:8) elaborates on this principle in detail.
during this time is punished by lashes according to Torah law -- as opposed to the punishment of כרת for eating chametz within Pesach, as described in Halachah 1.
as [Deuteronomy 16:3] states: "Do not eat any leaven with it"; i.e., together with the Paschal sacrifice. Based on the oral tradition --Pesachim 5a
we received the interpretation of that statement as: Do not eat any chametz during the time which is fit to slaughter the Paschal sacrifice, that being the afternoon - i.e., after midday. -- The Paschal sacrifice could be offered from midday on the fourteenth of Nisan until sunset (Hilchot Korban Pesach 1:1).
The Paschal sacrifice should not be slaughtered before the daily afternoon sacrifice, which would never be offered before half an hour past midday. However, if, by mistake, the Pesach sacrifice was slaughtered before the afternoon sacrifice, but after midday, its offering may be completed, provided a person continues stirring its blood until the afternoon sacrifice is offered (ibid. 1:3).
Halacha 9
The Sages forbade the eating of chametz from the beginning of the sixth hour in order to prevent infringement upon a Torah commandment. Thus, from the beginning of the sixth hour, it is forbidden to eat or benefit from chametz, based on Rabbinic law. During the rest of the day, from the seventh hour on, eating chametz is forbidden because of the Torah law.
During the fifth hour of the day, we do not eat chametz, lest the day be cloudy and we err between the fifth and six hours. However, there is no prohibition against benefiting from chametz during the fifth hour.
Therefore, Terumah and the breads of the thanksgiving offering which are chametz are left in a tentative status because of their holiness. They are neither eaten nor burned until the beginning of the sixth hour. Then, the entire quantity [of chametz] is burned.
Commentary Halacha
The Sages forbade the eating of chametz from the beginning of the sixth hour in order to prevent infringement upon a Torah commandment -- This is one of the Rabbinic commandments instituted as a "fence" and safeguard to Torah law.
Thus, from the beginning of the sixth hour -- This is also a "seasonal hour." Thus, if as stated above, dawn of the fourteenth of Nisan is 5:09 AM and three stars appear at 6:45 PM, the beginning of the sixth hour is 10:49.
it is forbidden to eat or benefit from chametz based on Rabbinic law. During the rest of the day, from the seventh hour on, eating chametz is forbidden because of the Torah law -- as stated in the previous halachah.
During the fifth hour of the day, -- in the instance stated above from 9:41 until 10:49.
we do not eat chametz lest it be a cloudy day and we err between the fifth and six hours -- In his commentary to the Mishnah (Pesachim 1:4), the Rambam explains that it is possible that a person may err in his estimation of the time by an hour and thus, transgress the Rabbinic prohibition against possessing chametz at the sixth hour.
In a Responsa, the Rambam replies to the following question: The passage inPesachim which is the source for this halachah appears to imply that a person may make an error of over two hours. Indeed, Rav Yitzchak Alfasi states the matter as such in his halachot. If so, why did the Rambam alter the explanation of the law.
In a reply which reflects his overall purpose in the composition of the Mishneh Torah, the Rambam answers:
I mentioned a mistake of an hour which is a common error because my intention in composing this text is to bring the matters closer to our understanding or what is general practice.
However, there is no prohibition against benefiting from chametz during the fifth hour -- Since the restriction against benefiting from chametz during the sixth hour is only Rabbinic in origin, the Sages did not feel it necessary to forbid benefiting from chametz for another hour because of the mere possibility of error.
Therefore, Terumah -- a portion of grain given to the priests
and the breads of the thanksgiving offering -- A thanksgiving offering involves 40 loaves, ten of which are leavened (Hilchot Ma'aseh HaKorbanot9:17-18).
which are chametz are left in a tentative status because of their holiness. -- The Torah refers to Terumah as קדש (sanctified). Similarly, the breads of the thanksgiving offering have a sacrificial status. Therefore,
They are neither eaten -- for the Sages did not desire to relax their prohibition against eating chametz. Nevertheless, the priests were allowed to benefit from chametz during this period, and hence could feed Terumah to their animals.
nor burned -- for it is forbidden to destroy sacred articles unless absolutely necessary. Therefore, Pesachim 13b explains that thanksgiving offerings were not brought on the fourteenth of Nisan. [This law is also relevant at present. From the fourteenth of Nisan until the conclusion of Pesach, the "Psalm of Thanksgiving" is omitted from the morning service.]
until the beginning of the sixth hour. Then, the entire quantity [of chametz] is burned -- because of the Rabbinic prohibition mentioned above. As explained in Halachah 3:11, generally, chametz can be destroyed by other means as well. However, this halachah deals with bread brought as sacrifices; hence, it is proper that they be burned (Rabbenu Manoach).
Halacha 10
Thus, you have learned that it is permitted to eat chametz on the day of the fourteenth [of Nisan] until the end of the fourth hour. During the fifth hour, [chametz] is not eaten, but benefit may be derived from it. A person who eats chametz during the sixth hour is [punished by] "stripes for being rebellious." One who eats during the seventh hour is lashed.
Commentary Halacha
Thus, you have learned that it is permitted to eat chametz on the day of the fourteenth [of Nisan] until the end of the fourth hour -- as explained in the previous halachah.
During the fifth hour, [chametz] is not eaten, but benefit may be derived from it -- Thus, during this time, a person may sell his chametz to gentiles or feed it to his animals.
A person who eats chametz during the sixth hour is [punished by] "stripes for being rebellious." -- The punishment given for transgressing a Rabbinic commandment. The Lechem Mishneh notes that the Rambam does not prescribe a punishment for a person who breaks the Rabbinic decree against eating chametz during the fifth hour.
The Tzafnat Paneach (Responsum 83) also differentiates between the fifth and sixth hours, calling the former, a Rabbinic safeguard, and the latter, a Rabbinic prohibition.
One who eats -- With regard to the prohibition against benefiting from chametz, see commentary, Halachah 8.
during the seventh hour is lashed -- as explained in Halachah 8.
• Thursday, Shevat 16, 5775 · 05 February 2015
"Today's Day"
Thursday Sh'vat 16 5703
Torah lessons: Chumash: B'shalach, Shishi with Rashi.
Tehillim: 79-82.
Tanya: These "contractions" (p. 89)...to no account whatever.(p.89).
My father said: Coldness and heresy are separated by so slender a barrier! It is said, "For the Eternal your G-d is a consuming fire."1 G-dliness is a flame of fire. Learning Torah and davening must be with a blazing heart, that "all my bones may utter"2 the words of G-d in Torah and prayer.
FOOTNOTES
1. Devarim 4:24.
2. Tehillim 35:10.
Daily Thought
Only pure water can purify. The further you wish to take that water, the deeper your wellspring must be.
Those who wish to reach to the very outside and enlighten and purify that place, they must reach deep into the womb of truth.[Likutei Sichot, vol. 4, pg. 1119. Acharon Shel Pesach 5711:10. Torat Menachem 5742 vol. 2, pg. 820.]
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