Tzav (Leviticus 6:1 (8) Adonai said to Moshe, 2 (9) “Give this order to Aharon and his sons: ‘This is the law for the burnt offering [a]: it is what goes up [b] on its firewood upon the altar all night long, until morning; in this way the fire of the altar will be kept burning. 3 (10) When the fire has consumed the burnt offering on the altar, the cohen, having put on his linen garment and covered himself with his linen shorts, is to remove the ashes and put them beside the altar. 4 (11) Then he is to remove those garments and put on others, before carrying the ashes outside the camp to a clean place. 5 (12) In this way, the fire on the altar will be kept burning and not be allowed to go out. Each morning, the cohen is to kindle wood on it, arrange the burnt offering and make the fat of the peace offerings go up in smoke. 6 (13) Fire is to be kept burning on the altar continually; it is not to go out.
7 (14) “‘This is the law for the grain offering: the sons of Aharon are to offer it before Adonai in front of the altar. 8 (15) He is to take from the grain offering a handful of its fine flour, some of its olive oil and all of the frankincense which is on the grain offering; and he is to make this reminder portion of it go up in smoke on the altar as a fragrant aroma for Adonai. 9 (16) The rest of it Aharon and his sons are to eat; it is to be eaten without leaven in a holy place — they are to eat it in the courtyard of the tent of meeting. 10 (17) It is not to be baked with leaven. I have given it as their portion of my offerings made by fire; like the sin offering and the guilt offering, it is especially holy. 11 (18) Every male descendant of Aharon may eat from it; it is his share of the offerings for Adonai made by fire forever through all your generations. Whatever touches those offerings will become holy.’”
(ii) 12 (19) Adonai said to Moshe, 13 (20) “This is the offering for Adonai that Aharon and his sons are to offer on the day he is anointed: two quarts of fine flour, half of it in the morning and half in the evening, as a grain offering from then on. 14 (21) It is to be well mixed with olive oil and fried on a griddle; then bring it in, break it in pieces and offer the grain offering as a fragrant aroma for Adonai. 15 (22) The anointed cohen who will take Aharon’s place from among his descendants will offer it; it is a perpetual obligation. It must be entirely made to go up in smoke for Adonai; 16 (23) every grain offering of the cohen is to be entirely made to go up in smoke — it is not to be eaten.”
17 (24) Adonai said to Moshe, 18 (25) “Tell Aharon and his sons, ‘This is the law for the sin offering: the sin offering is to be slaughtered before Adonai in the place where the burnt offering is slaughtered; it is especially holy. 19 (26) The cohen who offers it for sin is to eat it — it is to be eaten in a holy place, in the courtyard of the tent of meeting. 20 (27) Whatever touches its flesh will become holy; if any of its blood splashes on any item of clothing, you are to wash it in a holy place. 21 (28) The clay pot in which it is cooked must be broken; if it is cooked in a bronze pot, it must be scoured and rinsed in water. 22 (29) Any male from a family of cohanim may eat the sin offering; it is especially holy. 23 (30) But no sin offering which has had any of its blood brought into the tent of meeting to make atonement in the Holy Place is to be eaten; it is to be burned up completely.
7:1 “‘This is the law for the guilt offering: it is especially holy. 2 They are to slaughter the guilt offering in the place where they slaughter the burnt offering, and its blood is to be splashed against all sides of the altar. 3 He is to offer all its fat — the fat tail, the fat covering the inner organs, 4 the two kidneys, the fat on them near the flanks, and the covering of the liver, which he will remove with the kidneys. 5 The cohen will make them go up in smoke on the altar as an offering made by fire to Adonai ; it is a guilt offering. 6 Every male from a family of cohanim may eat it; it is to be eaten in a holy place; it is especially holy. 7 The guilt offering is like the sin offering; the same law governs them — it will belong to the cohen who uses it to make atonement.
8 “‘The cohen who offers someone’s burnt offering will possess the hide of the burnt offering which he has offered.
9 “‘Every grain offering baked in the oven, cooked in a pot or fried on a griddle will belong to the cohen who offers it. 10 But every grain offering which is mixed with olive oil or is dry will belong to all the sons of Aharon equally.
(iii) 11 “‘This is the law for sacrificing peace offerings offered to Adonai: 12 If a person offers it for giving thanks, he is to offer it with the thanksgiving sacrifice of unleavened cakes mixed with olive oil, matzah spread with olive oil, and cakes made of fine flour mixed with olive oil and fried. 13 With cakes of leavened bread he is to present his offering together with the sacrifice of his peace offerings for giving thanks. 14 From each kind of offering he is to present one as a gift for Adonai; it will belong to the cohen who splashes the blood of the peace offerings against the altar. 15 The meat of the sacrifice of his peace offerings for giving thanks is to be eaten on the day of his offering; he is not to leave any of it until morning. 16 But if the sacrifice connected with his offering is for a vow or is a voluntary offering, then, while it is to be eaten on the day he offers his sacrifice, what remains of it may be eaten the next day. 17 However, what remains of the meat of the sacrifice on the third day is to be burned up completely. 18 If any of the meat of the sacrifice of his peace offerings is eaten on the third day, the sacrifice will neither be accepted nor credited to the person offering it; rather, it will have become a disgusting thing, and whoever eats it will bear the consequences of his wrongdoing. 19 Meat which touches something unclean is not to be eaten but burned up completely. As for the meat, everyone who is clean may eat it; 20 but a person in a state of uncleanness who eats any meat from the sacrifice of peace offerings made to Adonai will be cut off from his people. 21 Anyone who touches something unclean — whether the uncleanness be from a person, from an unclean animal or from some other unclean detestable thing — and then eats the meat from the sacrifice of peace offerings for Adonai, that person will be cut off from his people.’”
22 Adonai said to Moshe, 23 “Say to the people of Isra’el, ‘You are not to eat the fat of bulls, sheep or goats. 24 The fat of animals that die of themselves or are killed by wild animals may be used for any other purpose, but under no circumstances are you to eat it. 25 For whoever eats the fat of animals of the kind used in presenting an offering made by fire to Adonai will be cut off from his people. 26 You are not to eat any kind of blood, whether from birds or animals, in any of your homes. 27 Whoever eats any blood will be cut off from his people.’”
28 Adonai said to Moshe, 29 “Say to the people of Isra’el, ‘A person who offers his sacrifice of peace offerings to Adonai is to bring part of his sacrifice of peace offerings as his offering for Adonai. 30 He is to bring with his own hands the offerings for Adonai made by fire — he is to bring the breast with its fat. The breast is to be waved as a wave offering before Adonai. 31 The cohen is to make the fat go up in smoke on the altar, but the breast will belong to Aharon and his descendants. 32 You are to give the right thigh from your sacrifices of peace offerings to the cohen as a contribution. 33 The descendant of Aharon who offers the blood of the peace offerings is to have the right thigh as his share. 34 For the breast that has been waved and the thigh that has been contributed I have taken from the people of Isra’el out of their sacrifices of peace offerings and given them to Aharon the cohen and to his descendants as their share forever from the people of Isra’el.’”
35 On the day when Aharon and his sons were presented to serve Adonai in the office of cohen, this portion was set aside for him and his descendants from the offerings for Adonai made by fire. 36 On the day they were anointed, Adonai ordered that this be given to them by the people of Isra’el. It is their share forever through all their generations.
37 This is the law for the burnt offering, the grain offering, the sin offering, the guilt offering, the consecration offering and the sacrifice of peace offerings 38 which Adonai ordered Moshe on Mount Sinai on the day he ordered the people of Isra’el to present their offerings to Adonai, in the Sinai Desert.
8:1 (iv) Adonai said to Moshe, 2 “Take Aharon and his sons with him, the garments, the anointing oil, the bull for the sin offering, the two rams and the basket of matzah; 3 and assemble the entire community at the entrance to the tent of meeting.” 4 Moshe did as Adonai ordered him, and the community was assembled at the entrance to the tent of meeting. 5 Moshe said to the community, “This is what Adonai has ordered to be done.”
6 Moshe brought Aharon and his sons, washed them with water, 7 put the tunic on him, wrapped the sash around him, clothed him with the robe, put the ritual vest on him, wrapped around him the decorated belt and fastened the vest to him with it. 8 He put the breastplate on him, and on the breastplate he put the urim and tumim. 9 He set the turban on his head, and on the front of the turban he affixed the gold plate, the holy ornament, as Adonai had ordered Moshe.
10 Then Moshe took the anointing oil and anointed the tabernacle and everything in it, thus consecrating them. 11 He sprinkled some on the altar seven times, anointing the altar with all its utensils and the basin with its base, to consecrate them. 12 He poured some of the anointing oil on Aharon’s head and anointed him, to consecrate him. 13 Moshe brought Aharon’s sons, clothed them with tunics, wrapped sashes on them and put headgear on them, as Adonai had ordered Moshe.
(v) 14 Then the young bull for the sin offering was brought, and Aharon and his sons laid their hands on the head of the bull for the sin offering. 15 After it had been slaughtered, Moshe took the blood and put it on the horns of the altar all the way around with his finger, thus purifying the altar. The remaining blood he poured out at the base of the altar and consecrated it, to make atonement for it. 16 Moshe took all the fat on the inner organs, the covering of the liver, the two kidneys and their fat, and made it go up in smoke on the altar. 17 But the bull, its hide, its flesh and its dung were taken outside the camp and burned up completely, as Adonai had ordered Moshe.
18 Next, the ram for the burnt offering was presented. Aharon and his sons laid their hands on the head of the ram; 19 and after it had been slaughtered, Moshe splashed the blood on all sides of the altar. 20 When the ram had been cut in pieces, Moshe made the head, the pieces and the fat go up in smoke. 21 When the inner organs and the lower parts of the legs had been washed with water, Moshe made the entire ram go up in smoke on the altar; it was a burnt offering giving a fragrant aroma, an offering made by fire to Adonai — as Adonai had ordered Moshe.
(vi) 22 Then the other ram was presented, the ram of consecration; Aharon and his sons laid their hands on the head of the ram. 23 After it had been slaughtered, Moshe took some of its blood and put it on the tip of Aharon’s right ear, on the thumb of his right hand, and on the big toe of his right foot. 24 Next Aharon’s sons were brought, and Moshe put some of the blood on the tips of their right ears, on the thumbs of their right hands, and on the big toes of their right feet; then Moshe splashed the blood on all sides of the altar. 25 He took the fat, the fat tail, all the fat covering the inner organs, the covering of the liver, the two kidneys with their fat, and the right thigh. 26 From the basket of matzah that was before Adonai he took one piece of matzah, one cake of oiled bread, and one wafer, and placed them on the fat and on the right thigh. 27 Then he put it all in Aharon’s hands and in the hands of his sons and waved them as a wave offering before Adonai. 28 Moshe took them out of their hands and made them go up in smoke on the altar on top of the burnt offering; they were a consecration offering giving a fragrant aroma; an offering made by fire to Adonai. 29 Moshe took the breast and waved it as a wave offering before Adonai; it was Moshe’s portion of the ram of consecration — as Adonai had ordered Moshe.
(vii) 30 Moshe took some of the anointing oil and some of the blood which was on the altar and sprinkled it on Aharon and his clothing, and on his sons with him and their clothing, and consecrated Aharon and his clothing together with his sons and their clothing.
31 Moshe said to Aharon and his sons, “Boil the meat at the door of the tent of meeting; and eat it there with the bread that is in the basket of consecration, as I ordered when I said that Aharon and his sons are to eat it. 32 Whatever is left over of the meat and bread you are to burn up completely. (Maftir) 33 You are not to go out from the entrance to the tent of meeting for seven days, until the days of your consecration are over; since Adonai will be consecrating you for seven days. 34 He ordered done what has been done today, in order to make atonement for you. 35 You are to remain at the entrance to the tent of meeting day and night for seven days, thereby obeying what Adonai ordered done, so that you may not die. For this is what I was ordered.” 36 Aharon and his sons did all the things which Adonai ordered through Moshe.[Footnotes:
Leviticus 6:2 Hebrew: ‘olah
Leviticus 6:2 Hebrew: ‘olah])Today's Laws & Customs:
• Today's 'Nasi': Menasseh
In today's "Nasi" reading (see "Nasi of the Day" in Nissan 1), we read of the gift bought by the nasi of the tribe of Menasseh, Gamliel ben Pedahtzur, for theinauguration of the Mishkan.
Text of today's Nasi in Hebrew and English.
• Recite from Haggadah; Study Passover Laws
The Shabbat before Passover is termed Shabbat HaGadol ("The Great Shabbat") in commemoration of the "great miracle" that happened in Egypt on this day, heralding the Exodus from Egypt five days later (see "Today in Jewish Hstory"). Shabbat HaGadol customs include reading a portion of the Haggadah (from "Avadim hayinu..." to "...al kol avonotainu"), which tells the story of the Exodus; it is also customary that the rabbi of the community delivers a lecture in which he elaborates on the laws of Passover and their significance, in preparation for the festival.
Today in Jewish History:
• War of Egyptian Firstborn (1313 BCE)
On the Shabbat before the Exodus--Nissan 10th on that year--the first-born of Egypt, who occupied the senior positions in the priesthood and government, fought a bloody battle with Pharaoh's troops, in an effort to secure the release of the Israelites and prevent the Plague of the Firstborn. This "great miracle" is commemorated each year on the Shabbat before Passover, which is therefore called Shabbat HaGadol, "The Great Shabbat." (This is one of the rare instances in which a commemorative date in the Jewish calendar is set by the day of the week rather than the day of the month.)
For more on the war of the Firstborn, see here.
• Grand Feast Ended in Shushan (366 BCE)
The grand 180-day feast hosted by King Achashverosh came to an end on this day.
Achasverosh miscalculated the start date of Jeremiah's prophecy which promised the rebuilding of the Holy Temple after 70 years of Babylonian exile. When, according to his calculations, the seventy years had passed and the Jews were not redeemed, he orchestrated this grand party to celebrate the "demise" of the Chosen Nation. During the course of the party he brazenly displayed many of the vessels looted from the Holy Temple by the Babylonian armies.
Links:
Esther 1 (For a vivid description of the feast.)
The Royal Feast
Daily Study:
Chitas and Rambam for today:
Chumash: Tzav, 7th Portion Leviticus 8:30-8:36 with Rashi
• Chapter 8
30And Moses took some of the anointing oil and some of the blood that was on the altar, and he sprinkled it on Aaron and on his garments, and on his sons, and on his sons' garments, and he sanctified Aaron, his garments, his sons and his sons' garments with him. לוַיִּקַּח משֶׁה מִשֶּׁמֶן הַמִּשְׁחָה וּמִן הַדָּם אֲשֶׁר עַל הַמִּזְבֵּחַ וַיַּז עַל אַהֲרֹן עַל בְּגָדָיו וְעַל בָּנָיו וְעַל בִּגְדֵי בָנָיו אִתּוֹ וַיְקַדֵּשׁ אֶת אַהֲרֹן אֶת בְּגָדָיו וְאֶת בָּנָיו וְאֶת בִּגְדֵי בָנָיו אִתּוֹ:
31And Moses said to Aaron and to his sons, "Cook the flesh at the entrance of the Tent of Meeting and eat it there, and the bread that is in the basket of the investiture offerings, as I have commanded, saying, 'Aaron and his sons shall eat it.' לאוַיֹּאמֶר משֶׁה אֶל אַהֲרֹן וְאֶל בָּנָיו בַּשְּׁלוּ אֶת הַבָּשָׂר פֶּתַח אֹהֶל מוֹעֵד וְשָׁם תֹּאכְלוּ אֹתוֹ וְאֶת הַלֶּחֶם אֲשֶׁר בְּסַל הַמִּלֻּאִים כַּאֲשֶׁר צִוֵּיתִי לֵאמֹר אַהֲרֹן וּבָנָיו יֹאכְלֻהוּ:
32And whatever is left over from the flesh and the bread, you shall burn in fire. לבוְהַנּוֹתָר בַּבָּשָׂר וּבַלָּחֶם בָּאֵשׁ תִּשְׂרֹפוּ:
33And you shall not leave the entrance of the Tent of Meeting for seven days, until the day of the completion of your investiture days, he will inaugurate you for seven days. לגוּמִפֶּתַח אֹהֶל מוֹעֵד לֹא תֵצְאוּ שִׁבְעַת יָמִים עַד יוֹם מְלֹאת יְמֵי מִלֻּאֵיכֶם כִּי שִׁבְעַת יָמִים יְמַלֵּא אֶת יֶדְכֶם:
34As he did on this day, so the Lord has commanded to do, to effect atonement for you. לדכַּאֲשֶׁר עָשָׂה בַּיּוֹם הַזֶּה צִוָּה יְהֹוָה לַעֲשׂת לְכַפֵּר עֲלֵיכֶם:
so the Lord has commanded to do: on all the seven days [of investitures]. And our Rabbis expounded on the verse as follows: [The word] לַעִשׂת alludes to the procedure involving the “red cow”; (see Num. Chapter 19) [the word] לְכַפֵּר alludes to the service of Yom Kippur. And this comes to teach us that [just as there were seven days of the investitures, so too,] the Kohen Gadol [who performed the service on Yom Kippur,] was required to separate [from his home] seven days before Yom Kippur, and so was the kohen who performed the burning of the “red cow.” צוה ה' לעשת: כל שבעת הימים. ורבותינו ז"ל דרשו לעשות - זה מעשה פרה. לכפר - זה מעשה יום הכפורים, וללמד שכהן גדול טעון פרישה קודם יום הכפורים שבעת ימים, וכן הכהן השורף את הפרה:
35And you shall stay day and night for seven days at the entrance to the Tent of Meeting. You shall observe the Lord's command, so that you will not die, for thus I was commanded. להוּפֶתַח אֹהֶל מוֹעֵד תֵּשְׁבוּ יוֹמָם וָלַיְלָה שִׁבְעַת יָמִים וּשְׁמַרְתֶּם אֶת מִשְׁמֶרֶת יְהֹוָה וְלֹא תָמוּתוּ כִּי כֵן צֻוֵּיתִי:
So that you will not die: But if you do not do so, you incur the death penalty. ולא תמותו: הא אם לא תעשו כן, הרי אתם חייבים מיתה:
36And Aaron and his sons did all the things that the Lord commanded through Moses. לווַיַּעַשׂ אַהֲרֹן וּבָנָיו אֵת כָּל הַדְּבָרִים אֲשֶׁר צִוָּה יְהֹוָה בְּיַד משֶׁה:
And Aaron and his sons did [all the things]: To tell their praise, namely, that they did not deviate to the right or to the left. ויעש אהרן ובניו: להגיד שבחן שלא הטו ימין ושמאל:
Daily Tehillim: Psalms Chapters 44 - 48
• Chapter 44
The psalmist cries and laments painfully over this bitter exile, where we and our Torah are shamed daily, when the nations say that God has exchanged us for another nation, and where we are considered as sheep for the slaughter, as a byword and taunt. It is therefore fitting that God redeem us, for the sake of His great Name that abides with us in exile.
1. For the Conductor, by the sons of Korach, a maskil.1
2. God, with our ears we have heard, our fathers have told us, of the deeds You wrought in their days, in the days of old.
3. You drove out nations with Your hand, and planted [Israel in their place]; You afflicted peoples and banished them.
4. For not by their sword did they inherit the land, and their own arm did not save them, but by Your right hand, Your arm and the light of Your countenance-for You favored them.
5. You are my king, O God; decree the salvation of Jacob.
6. Through You will we gore our adversaries; with Your Name we will trample our opponents.
7. For I do not trust in my bow, and my sword cannot save me.
8. For You have delivered us from our foes, and You shamed those who hate us.
9. In God we glory all day, and forever thank Your Name, Selah.
10. Though You abandon and disgrace us, and do not go forth with our armies;
11. You cause us to retreat from the oppressor, and those who hate us plunder for themselves;
12. You deliver us like sheep to be devoured, and scatter us among the nations;
13. You sell Your nation without gain, and do not set a high price upon them;
14. You make us a disgrace to our neighbors, the scorn and derision of those around us;
15. You make us a byword among the nations, [a cause for] nodding the head among the peoples;
16. all day long my humiliation is before me, and the shame of my face covers me
17. at the voice of the reviler and blasphemer, because of the foe and avenger-
18. all this has come upon us, yet we have not forgotten You, nor have we been false to Your covenant.
19. Our hearts have not retracted, nor have our steps strayed from Your path.
20. Even when You crushed us in the place of serpents, and shrouded us in the shadow of death-
21. did we forget the Name of our God, and extend our hands to a foreign god?
22. Is it not so that God can examine this, for He knows the secrets of the heart.
23. For it is for Your sake that we are killed all the time; we are regarded as sheep for the slaughter.
24. Arise! Why do You sleep, my Lord? Wake up! Do not abandon [us] forever!
25. Why do You conceal Your countenance and forget our affliction and distress?
26. For our souls are bowed to the dust, our bellies cleave to the earth.
27. Arise! Be our help, and redeem us for the sake of Your kindness.
Chapter 45
The psalmist composed this psalm referring to Moshiach. He describes his greatness, his attributes, his glory, his wealth, and his reign; and states that Israel anticipates him, remembering and saying in every generation, "When will King Moshiach come?"
1. For the Conductor, upon the shoshanim,1 By the sons of Korach; a maskil,2 a song of love.
2. My heart is astir with a noble theme; I say, "My composition is for the king;3 my tongue is the pen of a skillful scribe.”
3. You are the most handsome of men, charm is poured upon your lips; therefore has God blessed you forever.
4. Gird your sword upon your thigh, O mighty one-it is your majesty and splendor.
5. And with your splendor, succeed and ride on for the sake of truth and righteous humility; and your right hand will guide you to awesome deeds.
6. Your arrows are sharpened-nations fall beneath you-[the arrows fall] into the hearts of the king's enemies.
7. Your throne, O ruler, is forever and ever, [for] the scepter of justice is the scepter of your kingdom.
8. You love righteousness and hate wickedness; therefore has God, your God, anointed you with oil of joy above your peers.
9. Myrrh, aloes and cassia are [the fragrance] of all your garments, which are from ivory palaces that bring you joy.
10. Daughters of kings visit you, and the queen stands erect at your right hand, adorned in the fine gold of Ophir.
11. Hear, O daughter, and observe, incline your ear; forget your people and your father's house.
12. Then the king will desire your beauty. He is your master-bow to him.
13. The daughter of Tyre, the wealthiest of nations, will seek your favor with a gift.
14. All the glory of the princess is within; her clothing surpasses settings of gold.
15. In embroidered garments she will be brought to the king; the maidens in her train, her companions, will be led to you.
16. They will be brought with gladness and joy, they will enter the palace of the king.
17. Your sons will succeed your fathers; you will appoint them ministers throughout the land.
18. I will cause Your Name to be remembered throughout the generations; therefore will the nations praise You forever and ever.
Chapter 46
This psalm tells of the Gog and Magog era (the Messianic age), when man will cast aside his weapons, and warfare will be no more.
1. For the Conductor, by the sons of Korach, on the alamot,1 a song.
2. God is our refuge and strength, a help in distress, He is most accessible.
3. Therefore, we will not be afraid when the earth is transformed, when mountains collapse in the heart of the seas;
4. when its waters roar and are muddied, and mountains quake before His grandeur, Selah.
5. The river2-its streams will bring joy to the city of God, the sacred dwelling of the Most High.
6. God is in her midst, she will not falter; God will help her at the approach of morning.
7. Nations clamor, kingdoms stumble; He raises His voice and the earth dissolves.
8. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
9. Go and see the works of the Lord, Who has wrought devastation in the land.
10. To the end of the earth He causes wars to cease; He breaks the bow, snaps the spear, and burns the wagons in fire.
11. Stop [waging war]! And know that I am God; I will be exalted among the nations, exalted upon the earth.
12. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
Chapter 47
Following the battle of Gog and Magog (in the Messianic era), war will be no more. God will grant us salvation, and we will merit to go up to the Holy Temple for the festivals, Amen.
1. For the Conductor, a psalm by the sons of Korach.
2. All you nations, clap hands; sound [the shofar] to God with a sound of jubilation.
3. For the Lord is most high, awesome; a great King over all the earth.
4. He subdues peoples under us, nations beneath our feet.
5. He chooses our heritage for us, the glory of Jacob whom He loves eternally.
6. God ascends through teruah, the Lord-through the sound of the shofar.
7. Sing, O sing to God; sing, O sing to our King.
8. For God is King over all the earth; sing, O man of understanding.
9. God reigns over the nations; God is seated on His holy throne.
10. The most noble of the nations are gathered, the nation of the God of Abraham; for the protectors of the earth belong to God; He is greatly exalted.
Chapter 48
The psalmist prophesies about the Messianic era, singing the praises of a rebuilt Jerusalem and the sacrifices brought there. At that time Israel will say, "As we heard from the mouths of the prophets, so have we merited to see!"
1. A song, a psalm by the sons of Korach.
2. The Lord is great and exceedingly acclaimed in the city of God, His holy mountain.
3. Beautiful in landscape, the joy of the whole earth is Mount Zion, on the northern slopes, the city of the great King.
4. In her citadels, God became known as a tower of strength.
5. For behold, the kings assembled, they advanced in concert [to invade her].
6. They saw [the wonders of the Almighty] and were astounded; they were terror-stricken, they hastened to flee.
7. Trembling seized them there, pangs as of a woman in the throes of labor;
8. [they were crushed as] by an east wind that shatters the ships of Tarshish.
9. As we have heard, so have we seen, in the city of the Lord of Hosts, in the city of our God; may God establish it for all eternity.
10. God, we have been hoping for Your kindness [to be revealed] within Your Sanctuary.
11. As Your Name, O God, [is great,] so is Your praise to the ends of the earth; Your right hand is filled with righteousness.
12. Let Mount Zion rejoice, let the towns of Judah exult, because of Your judgments.
13. Walk around Zion, encircle her, count her towers.
14. Consider well her ramparts, behold her lofty citadels, that you may recount it to a later generation.
15. For this God is our God forever and ever; He will lead us eternally.
Tanya: Likutei Amarim, middle of Chapter 39• Lessons in Tanya
• Shabbat, Nissan 8, 5775 · March 28, 2015
Today's Tanya Lesson
Likutei Amarim, middle of Chapter 39
Ultimately, the souls of those who serve G‑d with intellectual love and fear are privileged to abide in the Higher Garden of Eden — Beriah. For the reward given in the Garden of Eden (Paradise) is that the souls “delight in the radiance of the Shechinah,” i.e., they delight in their perception of G‑d’s glory. Since one’s reward is commensurate with his level of divine service, the delight in intellectual perception of G‑dliness is reserved for the souls of those who served G‑d with intellectual love and fear during their lifetime on earth.
At this point the Alter Rebbe qualifies his earlier statement: Only those tzaddikim whose souls are on the level of Neshamah (i.e., the highest of the three soul-levels — Nefesh, Ruachand Neshamah) abide in Beriah. Neshamah represents Mochin deGadlut — a “superior intellectual grasp” of G‑dliness; those on the level of Neshamah understand G‑dliness directly as it is, without recourse to analogy or anthropomorphic terms. Love and fear follow from such direct understanding of G‑dliness as its natural extensions; they are not products of intellect, a generation removed. In this case, in fact, the emotions may be considered as part of an intellectual process, rather than emotion proper.
אך היינו דווקא נשמות ממש
However this statement, that the abode of tzaddikim who serve G‑d with intellectual love and fear is in the World of Beriah, applies only to those souls which are actually on the level of Neshamah — the level of Neshamah being that of intellect, as the verse states,1“The divine Neshamah will give them discernment” —
שהן בחינת מוחין דגדלות אין סוף ברוך הוא
and which represent a “superior intellectual perception” of the Blessed Ein Sof.
אבל בחינת הרוח של הצדיקים
But the tzaddikim who are at the level of Ruach,
וכן שאר כל נשמות ישראל, שעבדו את ה׳ בדחילו ורחימו המסותרות בלב כללות ישראל
and similarly all the other souls of Israel, who served G‑d with the natural fear and love hidden in the heart of all Israel, not with love and fear born of intellect,
אין עולות לשם רק בשבת וראש חודש לבד
ascend thereto (to Beriah) only on Shabbat and the New Moon when all creation ascends to a higher level (as it is written, “...every month, on the New Moon, and every week, on the Shabbat, all flesh will come to prostrate themselves before Me, says G‑d”); it is only then that these souls ascend to the World of Beriah, the Higher Garden of Eden,
דרך העמוד שמגן עדן התחתון לגן עדן העליון, שהוא עולם הבריאה, הנקרא גן עדן העליון
by means of the pillar that extends from the Lower Garden of Eden (Yetzirah) to the Higher Garden of Eden, i.e., the World of Beriah, which is called the Higher Garden of Eden.2
להתענג על ה׳ וליהנות מזיו השכינה
By means of this pillar, these souls ascend thereto to delight in G‑d, and to bask in the radiance of the Shechinah.
Such pleasure is the prerogative of the souls in Beriah, since the soul’s delight is from its understanding and appreciation of G‑dliness — to the extent that a soul is capable of such understanding.
כי אין הנאה ותענוג לשכל נברא אלא במה שמשכיל ומבין ויודע ומשיג בשכלו ובינתו
The intellect of a created being delights and derives pleasure only in that which it conceives, understands, knows (— corresponding to ChaBaD) and grasps with its intellect and understanding,
מה שאפשר לו להבין ולהשיג מאור אין סוף ברוך הוא, על ידי חכמתו ובינתו יתברך המאירות שם, בעולם הבריאה
as much as it can grasp of the Blessed Ein Sof-light, through His wisdom and His understanding which radiate there (in Beriah), enabling the soul to perceive G‑dliness. For, as mentioned earlier, the ChaBaD of Atzilut (to which the Alter Rebbe refers as “His wisdom,” “ His understanding”) radiate in Beriah, for which reason Beriah is the “World of understanding.”
With this the Alter Rebbe concludes his statement that on Shabbat and Rosh Chodesh the souls of other Jews (who had not served G‑d with intellectual love and fear) ascend to Beriah.
ומה שזוכות נשמות אלו לעלות למעלה מהמלאכים, אף שעבדו בדחילו ורחימו טבעיים לבד
These souls (who served G‑d with natural love and fear) are privileged to riseoccasionally to Beriah, higher than the angels, whose abode is in Yetzirah, as mentioned above, never rising to Beriah, although they too, like the angels, served G‑d only with natural fear and love; why, then, is their service of G‑d considered superior to that of the angels?
היינו שעל ידי דחילו ורחימו שלהם, אתכפיא סטרא אחרא המלובשת בגופם
because through their fear and love, the sitra achra clothed in their body is subdued,
בין בבחינת סור מרע, לכבוש התאוות ולשברן
whether (in the case of fear) in the realm of “turning away from evil” (refraining from doing evil, and thereby) conquering and crushing their desires through not giving their illicit desires expression in thought, speech and action,
ובין בבחינת ועשה טוב, כנ״ל
or whether (in the case of love) subduing the sitra achra in the realm of “doing good” as mentioned above, i.e., actively pursuing the observance of the mitzvot out of love for G‑d, despite the contrary desire of the animal soul which is rooted in the sitra achra.
והם היו בעלי בחירה, לבחור ברע, חס ושלום
These souls, while in the physical world, had freedom of choice; they might have chosen evil, G‑d forbid,
ובחרו בטוב, לאכפיא לסטרא אחרא, לאסתלקא יקרא דקודשא בריך הוא כו׳ כיתרון האור כו׳, כנ״ל
yet they chose good — to subdue the sitra achra, so that G‑d’s glory be elevated... [in all Worlds], with an elevation similar to the superiority of light... [emerging from the darkness] over ordinary light, as mentioned above. By dispelling the darkness of sitra achra, these souls added to the light of holiness.
Thus, although these souls served G‑d as angels do, with love and fear that are natural, not intellectual, yet their service ranks higher than that of an angel; for the soul acts out of free choice, while the angel is a creature of compulsive instinct (albeit holy instinct). Therefore it is occasionally granted to the soul, unlike the angel, to rise to the Higher Garden of Eden inBeriah.
In the following paragraphs, the Alter Rebbe will differentiate between the respective stations of the souls on the one hand, and of their divine service (i.e., the actual Torah andmitzvot that the soul studies and observes) on the other. But before examining his words, an introduction is in order:
Although we spoke above of the Sefirot of each of the Four Worlds, it must nevertheless be understood that the Sefirot of each World do not constitute that World itself. The Sefirotrepresent, rather, the G‑dliness inherent in each World — its divine life-force. The World itself, on the other hand, is a Yesh, a separate being, which comes about through the Sefirot.
The significance of this distinction with regard to our discussion is as follows: The Alter Rebbe spoke above of the abode of the soul in either the World of Yetzirah or the World ofBeriah (depending on the level of its divine service). The emphasis here is on the word “World”: the soul’s abode is in the World of Beriah or Yetzirah (also described as the heichalot(“Chambers”) of these Worlds), not in the Sefirot of these Worlds.
The soul’s divine service, on the other hand, ascends to the Sefirot (of the appropriate World); this means, in effect, that it is absorbed in the Ein Sof.
In fact, the soul’s reward in the Garden of Eden, described before as the pleasure of “basking in the radiance of the Shechinah,” is actually the radiance of the Torah and mitzvotthat the person observed while in this physical world, which have ascended to the supernalSefirot.
In the Alter Rebbe’s words:
והנה כל זה הוא במדור הנשמות ומקום עמידתן
All the aforesaid concerns the abode and station of the souls. (The Rebbe notes: “Station” is not necessarily synonymous with “abode”; a soul whose abode is in Yetzirah may rise periodically (on Shabbat and Rosh Chodesh) to a temporary station in Beriah, as said above.)
אך תורתן ועבודתן נכללות בי׳ ספירות, שהן בחינת אלקות, ואור אין סוף מתייחד בהן בתכלית היחוד
Their Torah and divine service, however, are actually absorbed in the TenSefirot, which are a manifestation of G‑dliness, and with which the Ein Sof-light unites, in perfect unity i.e., the Ein Sof-light radiating in each World is completely unified with the Sefirot of that World.
והיינו בי׳ ספירות דבריאה על ידי דחילו ורחימו שכליים, ובי׳ ספירות דיצירה על ידי דחילו ורחימו טבעיים
Specifically, this means that one’s Torah and divine service ascend to the Ten Sefirot ofBeriah, when generated by intellectual fear and love, and to the Ten Sefirot ofYetzirah when prompted by natural fear and love.
ובתוכן מלובשות י׳ ספירות דאצילות, ומיוחדות בהן בתכלית
Now, within them (within the Sefirot of Beriah and Yetzirah) are clothed the TenSefirot of the World of Emanation — Atzilut, and they are completely unified with them: the Sefirot of Atzilut are clothed in, and completely unified with, the Sefirot of Beriahand Yetzirah.
וי׳ ספירות דאצילות מיוחדות בתכלית במאצילן, אין סוף ברוך הוא
The Ten Sefirot of Atzilut are, in turn, perfectly united with their Emanator, the Blessed Ein Sof. It follows, then, that by ascending to the Sefirot of Beriah or Yetzirah, the soul’s Torah and divine service actually unite with the Ein Sof.
מה שאין כן הנשמות אינן נכללות באלקות די׳ ספירות
The souls, on the other hand (in contrast with their Torah and divine service), are not absorbed into the G‑dliness of the Ten Sefirot,
אלא עומדות בהיכלות ומדורין דבריאה או יצירה
but stand instead in the “chambers” and “abodes” of Beriah or Yetzirah, which are the Worlds of Beriah and Yetzirah, separate beings that are not united with G‑d as are theSefirot.
ונהנין מזיו השכינה, הוא אור אין סוף ברוך הוא, ומיוחד בי׳ ספירות דבריאה או דיצירה
There [the souls] delight in the radiance of the Shechinah, meaning the BlessedEin Sof-light [as it is] unified with the Ten Sefirot of Beriah or Yetzirah;
והוא זיו תורתן ועבודתן ממש עיין זהר, ויקהל, דף ר״י
and this radiance that they enjoy is actually a “ray” of [the light of] their own Torah and divine service (see Zohar, Parshat Vayakhel, p. 210),
כי שכר מצוה היא מצוה עצמה
for “The reward of a mitzvah is the mitzvah itself.”
A “ray” issuing from the mitzvot that they have performed, and that have become united with the Ein Sof, shines forth upon the tzaddikim in the Garden of Eden; it is the revelation of this ray that delights the soul.
From this we may catch a glimpse of the stature of a mitzvah performed in this world. From a mere glimmer of the light radiated by a mitzvah, a soul in Paradise derives pleasure so exquisite that, as our Sages say, all the suffering of Purgatory — a suffering so acute that one moment of it is worse than enduring seventy years of Job’s afflictions — is worthwhile, so long as it enables one subsequently to experience the boundless delight of Paradise.
In fact, were the soul when in Paradise to apprehend the essence of the mitzvah instead of a mere ray of it, it would expire — it would dissolve out of existence in the intensity of its light.
This is the meaning of the Mishnah,3 “Better one hour of repentance and good deeds in this world, than all the life of the World to Come.” For in the World to Come the soul has only a glimmer of the light of mitzvot, whereas in this world we have the essence of mitzvot, whereby we are united with G‑d Himself.
The soul’s great pleasure in Paradise is due only to its clear perception of the ray of light given off by the mitzvah, a perception that we lack in this physical world; wherefore theMishnah concludes, “Better one hour of bliss in the World to Come, than all the life of this world” — better even than the bliss of fulfilling the Torah and mitzvot in this world, for true bliss can be experienced only in Paradise, where the soul actually perceives and grasps the G‑dliness of the Torah and mitzvot.
| FOOTNOTES | |
| 1. | Iyov 32:8. |
| 2. | The Rebbe explains that the Alter Rebbe’s statement regarding an ascent from the lower to the higher level of Gan Eden by means of the “pillar” answers the following question: How is it possible that there be an ascent from the level of “animal”, the lower level of the Garden of Eden, to the level of “man”, the higher level of the Garden of Eden? This is possible, says the Alter Rebbe, by means of the “pillar”. This also serves to demonstrate that though the higher and lower levels of the Garden of Eden are two distinct categories, it is nevertheless possible to ascend from one to the other. |
• Sefer Hamitzvos:Shabbatt, Nissan 8, 5775 · March 28, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 148
Sending Away the Mother Bird
"You shall surely send away the mother, and the children you may take for yourself"—Deuteronomy 22:7.
We are commanded to send away the mother bird before taking its young.
Sending Away the Mother Bird
Sending Away the Mother Bird
Positive Commandment 148
Translated by Berel Bell
The 148th mitzvah is that we are commanded regarding shiluach hakan ("sending away the nest").1
The source of this commandment is G‑d's statement,2 "You must first chase away the mother, and only then may you take the young."
The details of this commandment are fully explained in the last chapter of Chullin.
FOOTNOTES
1.Rather than taking both the mother bird and the chicks (or eggs), we are commanded to chase away the mother and only thereafter take the young.
2.Deut. 22:7.
Milah - Chapter Three
Halacha 1
Before the circumcision, the person who performs the circumcision recites the blessing, "[Blessed are You...] who sanctified us with His commandments and commanded us concerning the circumcision." [This applies] when circumcising the son of another person.1 When circumcising one's own son, one should recite the blessing "... to circumcise a son."2
[At the circumcision,]3 the father of the child recites another blessing:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and commanded us to have our children enter the covenant of Abraham, our Patriarch.4
[This blessing was instituted because] it is a greater mitzvah for a father to circumcise his son than for the Jewish people as a whole to circumcise the uncircumcised among them. Therefore, if a child's father is not present, this blessing should not be recited. There are those who have ruled that the court or one of the people [in attendance should recite this blessing in the father's absence]. [Nevertheless, this ruling] should not be followed.5
Halacha 2
Halacha 3
Afterwards, the father of the child, the person who performed the circumcision, or one of the people in attendance should recite the [following] blessing:
Blessed are You, God, our Lord, King of the universe, who has sanctified the cherished from the womb, affixed his covenant in his flesh, and sealed his descendants with the sign of the holy covenant. Therefore, as a reward for this [circumcision], living God, our Portion, our Rock, has ordained that the beloved of our flesh be saved from the abyss for the sake of His covenant that He has set in our flesh. Blessed are You, God, who establishes the covenant.
The father of the son recites the blessing shehecheyanu.
Halacha 4
When circumcising converts, one should recite the blessing:9
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and commanded us to circumcise converts and to extract from them the blood of the covenant,10 for were it not for the blood of the covenant the existence of the heavens and the earth could not be maintained, as [Jeremiah 33:25] states: "Were it not for My covenant, day and night, I would not have established the laws of heaven and earth."
Halacha 5
[Blessed are You...] who has sanctified us with His commandments and commanded us to circumcise slaves and to extract from them the blood of the covenant, for were it not for the blood of the covenant the existence of the heavens and the earth could not be maintained...."
If one circumcises a slave belonging to someone else, one should [alter the text of] the blessing and say, "[and commanded us] concerning the circumcision of slaves [and...]13
When circumcising an adult male, one must cover his sexual organ until after the blessing is recited.14 Afterwards, one reveals it and performs the circumcision.
Halacha 6
When the blood of circumcision is extracted from a convert who had been circumcised before conversion, or from a child who was born without a foreskin, there is no necessity to recite a blessing.15 Similarly, a blessing is not recited over the circumcision of an androgynous, because he is not definitely categorized as a male.16
Halacha 7
It is forbidden for a Jew to circumcise a gentile who is forced to remove his foreskin because of a wound or because of a tumor, since we are instructed neither to save the gentiles from death, nor to cause them to die.17 Although a mitzvah is accomplished in the process of administering this medical treatment, the gentile did not intend to fulfill the mitzvah. If, however, the gentile intends to fulfill the mitzvah of circumcision, it is a mitzvah to circumcise him.18
Halacha 8
How disgusting is the foreskin that is used as a term of deprecation with regard to the gentiles, as [Jeremiah 9:25] states: "For all the gentiles are uncircumcised!" How great is the circumcision! Behold, our Patriarch Abraham was not called "perfect" until he was circumcised, as [Genesis 17:1-2] states: "Proceed before Me and become perfect. And I will place My covenant between Me and you."19
Anyone who breaks the covenant of Abraham our Patriarch and leaves his foreskin uncircumcised, or [although he was circumcised,]20
causes it to appear extended, does not have a portion in the world to come,21despite the fact that he has studied Torah and performed good deeds.
Halacha 9
Come and see how severe a matter circumcision is. Moses, our teacher, was not granted even a temporary respite from [fulfilling this mitzvah].22
The Torah mentions only three covenants regarding all its mitzvot, as [Deuteronomy 28:69] states: "These are the words of the covenant that God commanded... in addition to the covenant that He established with you in Chorev." And [Deuteronomy 29:9-11] states: "You are all standing today... to enter into a covenant with God, your Lord." Thus, there are three covenants.
In contrast, thirteen covenants were established with Abraham, our Patriarch, with regard to circumcision:23
"I will place My covenant between Me and you" [Genesis 17:2],
"And I, behold, My covenant is with you" [ibid.:4],
"I will establish My covenant between Me and you" [ibid.:7],
"For an eternal covenant" [ibid.],
"And you shall observe My covenant" [ibid.:9],
"This is My covenant which you shall observe" [ibid.:10],
"It will be a sign of the covenant" [ibid.:11],
"My covenant will be in your flesh" [ibid.:13],
"For an eternal covenant" [ibid.],
"He will have nullified My covenant" [ibid.:14],
"And I will establish My covenant with Him" [ibid.:19],
"For an eternal covenant" [ibid.],
"And I will establish My covenant with Isaac" [ibid.:21].
Blessed be God who grants assistance."And I, behold, My covenant is with you" [ibid.:4],
"I will establish My covenant between Me and you" [ibid.:7],
"For an eternal covenant" [ibid.],
"And you shall observe My covenant" [ibid.:9],
"This is My covenant which you shall observe" [ibid.:10],
"It will be a sign of the covenant" [ibid.:11],
"My covenant will be in your flesh" [ibid.:13],
"For an eternal covenant" [ibid.],
"He will have nullified My covenant" [ibid.:14],
"And I will establish My covenant with Him" [ibid.:19],
"For an eternal covenant" [ibid.],
"And I will establish My covenant with Isaac" [ibid.:21].
This concludes the second volume with the help of the Almighty. There are a total of 46 chapters in this volume.
Hilchot Kri'at Shema - 4 chapters
Hilchot Tefillah UVirkat Kohanim - 15 chapters
Hilchot Tefillin UMezuzah V'Sefer Torah - 10 chapters
Hilchot Tzitzit - 3 chapters
Hilchot Berachot - 11 chapters
Hilchot Milah - 3 chapters
| FOOTNOTES | |
| 1. |
The Rambam's ruling depends on his statement (Hilchot Berachot 11:13) that if someone performs a blessing on behalf of another person, he should use the form "who has sanctified us with Your commandments and commanded us concerning...."
|
| 2. |
In Hilchot Berachot 11:12, the Rambam states that when one fulfills a mitzvah on one's own behalf, one should use the form "who has sanctified us with Your commandments and commanded us to..."
Although the Shulchan Aruch (Yoreh De'ah 365:2) mentions the Rambam's opinion, the Ramah states that it is customary to recite the blessing "... concerning the circumcision," at all times.
It is possible to explain that the Ramah does not accept the Rambam's general principle and prefers a universal form for a blessing to be recited every time a particular mitzvah is fulfilled. It is, however, also possible to interpret their difference of opinion as relating to the definition of the mitzvah of circumcision itself. The Rambam's text of the blessing, which uses the form "... to...," indicates that the nature of the mitzvah of circumcision focuses on the act of circumcision. In contrast, the Ramah's text for the blessing can be interpreted to imply that the nature of the mitzvah is to bring a person to the state that he is no longer uncircumcised. Therefore, the form "... concerning..." is more appropriate (Kinat Eliyahu).
|
| 3. |
The time when this blessing is recited is a matter of question. In two of his responsa, the Rambam writes that it makes no difference whether this blessing is recited before the circumcision or afterwards. Nevertheless, Rav Avraham, his son, and Rav Yitzchak, his grandson, state that it was the Rambam's custom to recite this blessing before the mitzvah.
The Shulchan Aruch (Yoreh De'ah 265:1) quotes the opinion of Rabbenu Asher, who states that this blessing should be recited between the milah and the pri'ah.
|
| 4. |
Tosafot, Pesachim 7a, explain that this blessing is not one of the blessings connected with the performance of a mitzvah, but a blessing that expresses our thanks and appreciation to God for granting us this mitzvah.
|
| 5. |
The Ra'avad objects to the Rambam's decision and rules that, in the absence of the father, thesandak (the person who holds the baby during the circumcision) should recite this blessing. The Ramah (Yoreh De'ah 265:1) quotes this decision.
|
| 6. |
The literal translation of the Rambam's phraseology is "If others are standing there." The commentaries explain that his intent is also to emphasize that it is necessary to stand while attending a brit. (See the Shulchan Aruch, Yoreh De'ah 265:6, which states that, if possible, it is preferable to perform a circumcision with at least ten adult males in attendance.)
|
| 7. |
The Rambam's version of this statement is found also in the Jerusalem Talmud (Berachot 9:3) and is quoted by the Shulchan Aruch (Yoreh De'ah 265:1). At present, however, it is customary to follow Rabbenu Asher's opinion and say, "Just as he has entered the covenant, so may he enter..." without mentioning the father's role. Significantly, this version is found in our texts ofShabbat 137b where this custom is mentioned.
|
| 8. |
We wish that the merit of the circumcision will lead to a life full of genuine Jewish conduct.
|
| 9. |
It appears that the Rambam considers this the only blessing recited in connection with the circumcision of converts, and would have this blessing recited before the circumcision. In contrast, the Tur and the Shulchan Aruch (Yoreh De'ah 268:5) explain that two blessings should be recited in connection with the circumcision of a convert:
a) one blessing before the circumcision, "... who has sanctified us... and commanded us to circumcise converts," b) one blessing after the circumcision, the blessing quoted by the Rambam with the conclusion, "Blessed are You, God, who establishes a covenant."
According to the Shulchan Aruch's perspective, like the blessing mentioned in the previous halachah, this blessing is not a blessing connected with the performance of the mitzvah, but an expression of praise for God for granting us the opportunity to perform such a unique mitzvah.
According to the Rambam's view, it is somewhat difficult to understand: Why is this blessing so lengthy? In this context, theSefer HaMaor explains that this blessing was instituted to reassure converts and strengthen their resolve before they fulfill a mitzvah that is associated with pain and suffering.
|
| 10. |
The Kessef Mishneh explains that this is a reference to the extraction of blood from converts who were circumcised previously. Other commentaries object to this interpretation, noting that in Halachah 6, the Rambam does not require a blessing in such an instance.
|
| 11. |
I.e., when the master performs the circumcision himself.
|
| 12. |
In this instance as well, the Tur and the Shulchan Aruch (Yoreh De'ah 267:12) rule that two blessings should be recited. See Note 9.
|
| 13. |
The reason for the change of text depends on the Rambam's statements (Hilchot Berachot 11:11) that a person who performs a blessing on his own behalf should use the form, "who has sanctified us... and commanded us to..." In contrast, one who performs a blessing on behalf of others should use the form, "...and commanded us concerning...."
|
| 14. |
This is because, as explained in Hilchot Kri'at Shema 3:16, it is forbidden to recite holy words in the presence of an exposed sexual organ.
There is somewhat of a problem, however, with the Rambam's statements. Here, it appears that one need not cover the penis of a baby before reciting the blessing, yet in Hilchot Kri'at Shema(ibid.), the Rambam writes that the Shema may not be recited in the presence of a minor whose sexual organ is exposed.
In one of his responsa, the Rambam resolves this difficulty, explaining that the prohibition begins when the child - either male or female - possesses some sexual potency. (See also Siftei Cohen265:18.)
|
| 15. |
In both cases, there is a doubt whether or not it is necessary to perform this circumcision. (See Chapter 1, Halachah 7.) Therefore, the circumcision is performed, but a blessing is not recited, lest there be no obligation to perform this activity, and thus, the blessing would be recited in vain. (See Hilchot Berachot 11:16.)
|
| 16. |
The Ra'avad contests this point, noting that when there is a doubt whether a certain activity fulfills a mitzvah or not, one should recite a blessing, and cites the recitation of blessings on the second day of festivals in the diaspora as an example of this principle.
Rav Kapach explains that the difference between the Rambam and the Ra'avad depends on their conception of the status of an androgynous. The Ra'avad maintains that an androgynous is considered a male whose status is in doubt. Therefore, since a mitzvah from the Torah is involved, a blessing should be recited. The Rambam maintains that an androgynous is in a category of his own, and the question is whether the obligation to circumcise falls on people in this category. Hence, no blessing is recited. See also their difference of opinion in Hilchot Shofar 2:2.
|
| 17. |
In Hilchot Avodat Kochavim 10:1-2, the Rambam writes:
If we see an idolater being swept away or drowning in the river, we should not help him. If we see that his life is in danger, we should not save him. It is, however, forbidden to cause one of them to sink or to push him into a pit or the like, since he is not waging war against us....
From the above, we can infer that it is forbidden to offer medical treatment to an idolater even when offered a wage. If, however, one is afraid of the consequences or fears that ill feeling will be aroused, one may treat them for a wage, but to treat them for free is forbidden.
[Regarding] a ger toshav, since we are commanded to secure his well-being, he may be given medical treatment at no cost.
Many authorities maintain that the laws applying to a ger toshav can be applied to all gentiles who are not idolaters. Furthermore, since at present, a doctor would have much difficulty if he refused to treat gentiles, leniency should be shown in this regard.
From the above, it would appear that a doctor who operates a medical practice today is allowed to treat gentile patients. Indeed, throughout the ages, many great Rabbinic authorities, including the Rambam himself, served as doctors to gentiles.
|
| 18. |
In Hilchot Melachim 10:10, the Rambam writes that a gentile who desires to fulfill any mitzvah should be given the opportunity.
There are other authorities who differ with the Rambam on this matter. They explain that circumcision is a sign given to the Jewish people that establishes their uniqueness and it is improper that gentiles should be given the opportunity of possessing this property.
|
| 19. |
See the Guide to the Perplexed, Vol. III, Chapter 49, where the Rambam criticizes a hedonistic approach to life and explains that circumcision comes "to complete the perfection of our emotions... to reduce a person's lust and wild cravings."
|
| 20. |
In the Hellenistic era, there were some Greek sympathizers among the Jewish people who would cause their foreskin to appear extended, so that they would not be distinguished from gentile athletes. The Sages were extremely critical of these individuals.
|
| 21. |
See Avot 3:14 and Hilchot Teshuvah 3:6.
|
| 22. |
As Exodus 4:24-26 relates, when Moses returned to Egypt, he took his newborn son, Eliezer, with him. He did not circumcise him immediately and, therefore, an angel came in the form of a snake and swallowed him. Tziporah his wife realized the source of the problem and circumcised her son. After this, the angel retracted. (See Nedarim 32a.)
|
| 23. |
In the Guide to the Perplexed, Vol. III, Chapter 49, the Rambam writes that the brit is a sign of the covenant of the oneness of God. "When a person is circumcised he enters into the covenant of Abraham which obligates him to know [God's] unity." This covenant of unity defines the nature of the Jewish people. It is natural that when people share a common sign, love and mutual assistance among them grow.
|
Shechitah - Chapter 12
Halacha 1
When a person slaughters an animal and its offspring on the same day, the meat is permitted to be eaten.1 The slaughterer, however, is punished by lashes,2as [Leviticus 22:28] states: "Do not slaughter [an ox or a sheep]3 and its offspring on one day." He receives lashes only for slaughtering the second animal. Accordingly, if one person slaughtered one of such a pair and another person slaughtered the second, [the one who slaughtered the second alone] receives lashes.
Halacha 2
The prohibition against slaughtering [an animal] and its offspring applies in all times and in all places, with regard to ordinary animals and sacrificial animals. [With regard to the latter category, it applies] with regard to sacrifices of which we partake and with regard to sacrifices of which we do not partake.4 Therefore if one slaughtered the first animal in the Temple courtyard and the second outside of it or the first outside the Temple courtyard and the second inside, the one who slaughtered the second animal receives lashes [for violating the prohibition against slaughtering] an animal and its offspring. [This applies] whether they were both ordinary animals,5 they were both sacrificial animals,6or one7 was an ordinary animal and one, a sacrificial one.
Halacha 3
The prohibition against slaughtering [an animal] and its offspring applies only with regard to ritual slaughter, as the verse states: "Do not slaughter." [Implied] is that the prohibition involves the slaughter of both animals. If, however, one chopped off the head of one of them or it became a nevelah in his hand,8 it is permitted to slaughter [the other]. Similarly, if he slaughtered the first and chopped off the head of the second or it became a nevelah in his hand, he is not liable.
Halacha 4
Halacha 5
Halacha 6
Slaughter from which it is not fit to eat is, nevertheless, considered slaughter. Therefore if the first person slaughtered an ordinary animal in the Temple courtyard,13 one which is trefe, an ox condemned to be stoned, a calf whose neck is to be broken, a red heifer, or slaughtered for the sake of a false deity,14a person who slaughters the second animal is liable. Similarly, if one slaughtered the first animal and another slaughtered the second though it is an ordinary animal in the Temple courtyard, an ox condemned to be stoned, a calf whose neck is to be broken, or a red heifer, [the second person] is liable for lashes.
Halacha 7
When [the second animal] is slaughtered for the sake of a false deity,15[the slaughterer] is not liable because of [the prohibition against slaughtering] an animal and its offspring, for he is liable for capital punishment.16If, however, he was given a warning for [the prohibition against slaughtering an animal] and its offspring and was not given a warning for the worship of false deities,17 he receives lashes.18
Halacha 8
The prohibition against slaughtering [an animal] and its offspring applies only with regard to a kosher domesticated animal. [This is derived from the exegesis of Leviticus, loc. cit.]:19 "Do not slaughter [an ox or a sheep] and its offspring on one day."
[This prohibition] does apply with regard to hybrid species. What is implied? When a [male] deer mates with a [female] goat and one slaughters the goat and its offspring, one is liable. When, however, a [male] goat mates with a [female] deer and one slaughters the deer and its offspring, it is forbidden to slaughter [the deer and its offspring], if one slaughters them, however, one is not liable for lashes.20 The Torah forbade slaughtering a cow21 and its offspring and not a deer and its offspring.
Halacha 9
If the offspring of this deer was female and it gave birth to offspring, one is liable for lashes should he slaughter the female offspring of this deer and its offspring [on the same day].22 Similarly, if a hybrid species is produced by mating a sheep and a goat - regardless of which is male and which is female - [the slaughterer can be held liable for] lashes for [violating the prohibition against slaughtering] an animal and its offspring.
Halacha 10
Halacha 11
The prohibition against slaughtering [an animal] and its offspring applies with regard to a mother, for the offspring is certainly its own. If one knows with certainty that a male fathered offspring, the two should not be slaughtered on the same day. If one slaughtered [them together, however,] he is not liable for lashes, for there is a doubt whether or not the prohibition applies with regard to males.26
Halacha 12
When a person slaughters a cow and afterwards slaughters two of its offspring, he is liable for two sets of lashes.27 If he slaughters [several of] its offspring and then it, he is liable for [only] one set of lashes.28 If he slaughtered it, its female offspring and the offspring of its offspring, he is liable for two sets of lashes.29 If he slaughtered it, the offspring of its offspring and its female offspring, he is liable for [only] one set of lashes.30
Halacha 13
When two people [each] purchased an animal: one the mother and one the offspring and they brought the matter for judgment,31 the one who purchased [the animal] first is allowed to slaughter it first,32 the other one should wait until the next day. If the second purchaser slaughtered [his animal] first, he gains and the first must wait until the next day.
Halacha 14
Four times a year, it is necessary for a person who sells an animal to a colleague to inform him that he already sold the mother or the daughter of the animal to another person for the sake of slaughtering it so that the latter purchaser will wait and not slaughter until the next day.33 They are: the day preceding the final holiday of Sukkot,34 the day preceding the first holiday of Pesach,35 the day preceding Shavuot,36 and the day preceding Rosh HaShanah.37
Halacha 15
When does the above apply? When he saw that the person who purchased it last was anxious to buy and it was at the end of the day, [in which instance,] it can be presumed that he will slaughter it immediately. If, however, there was ample time during the day, he is not required to inform him, for perhaps he will not slaughter until the following day.38
Halacha 16
When one sells the mother to a groom and the daughter to the bride, he must notify them.39 For certainly, they will slaughter them both on the same day. Similar laws apply in all analogous situations.
Halacha 17
[With regard to the term] one day mentioned in the context of [the prohibition against slaughtering an animal] and its offspring, the day follows the night.40what is implied? He slaughtered the first animal at the beginning of Tuesday night, he may not slaughter the other one until the beginning of Wednesday night. Similarly, if he slaughtered one at the close of Wednesday, before bein hashemashot,41 he may slaughter the other one at the beginning of Wednesday night. If he slaughtered the first during bein hashemashotWednesday evening, he may not slaughter the second until after nightfall on Thursday.42 If he slaughtered it during the day on Thursday, he does not receive lashes.43
| FOOTNOTES | |
| 1. |
The Shulchan Aruch (Yoreh De'ah 16:3) mentions a difference of opinion concerning this matter, for some authorities forbid partaking of the meat. The Rama clarifies that the difference of opinion applies only with regard to the second animal. The first animal is permitted. Moreover, even the more stringent authorities maintain that the prohibition applies:
a) only that day, and
b) only for the transgressor himself. It is a penalty imposed upon him by the Sages and not a prohibition of Scriptural Law. See Maggid Mishneh; Turei Zahav 16:23.
|
| 2. |
Sefer HaMitzvot (negative commandment 101) and Sefer HaChinuch (mitzvah 294) include this prohibition among the 613 mitzvot of the Torah.
See Moreh Nevuchim, Vol. III, ch. 48, that states that this prohibition was given to us to prevent cruelty. For an animal will be severely aggrieved if its offspring or its mother is slaughtered before its eyes. Note, however, Hilchot Tefilah 9:7 where the Rambam emphasizes that the Torah's mitzvot were not given to us for the sake of any particular rationale. Note, however, the conclusion of Hilchot Temurah which explains that there are two dimensions to every mitzvah: that it is God's decree and that He issued that decree for a particular rationale. (See also Halachah 3 which indicates that the prohibition is a Divine decree, not limited to that rationale.)
|
| 3. |
The Torah (and the Rambam) use the masculine although the prohibition applies primarily to a mother and its offspring. See Halachah 11.
|
| 4. |
For the prohibition concerns slaughter.
|
| 5. |
And it is forbidden to slaughter an ordinary animal in the Temple courtyard.
|
| 6. |
And thus may not be sacrificed outside the Temple courtyard.
|
| 7. |
I.e., either the one that was sacrificed inside the Temple or the one sacrificed outside. The point of these statements is, as stated in Halachah 6, even though the slaughter is not befitting, within the context of this prohibition, it is considered as ritual slaughter.
|
| 8. |
I.e., the slaughter was unacceptable. If, however, it was discovered that the animal was trefe, it is considered to have been slaughtered and it is forbidden to slaughter the second animal (Halachah 6, Siftei Cohen 16:18).
|
| 9. |
If, however, they slaughtered under the supervision of a knowledgeable adult, their slaughter is acceptable (Chapter 4, Halachah 5). Hence, this prohibition applies. See Rama (Yoreh De'ah16:9).
|
| 10. |
Hence it is equivalent to cutting off the head of the animal and the previous halachah applies.
|
| 11. |
For perhaps the animal was kosher and one would be violating the prohibition.
|
| 12. |
Because there is a doubt involved.
|
| 13. |
Rambam LeAm questions why this concept is mentioned. It was already stated in Halachah 2.
|
| 14. |
In all these instances, it is forbidden to benefit from the slaughtered animal. (See Hilchot Nizkei Mammon 11:9; Hilchot Rotzeach 10:6, Hilchot Parah Adumah 1:7; Hilchot Avodat Kochavim 7:2.)
|
| 15. |
Seemingly, the same principles stated in the previous halachah would apply in this instance. Nevertheless, in this case, there is another factor involved as the Rambam continues to explain.
|
| 16. |
As befits one who sacrifices to a false deity. One is not liable for both capital punishment and lashes for the same act. Since he is liable for capital punishment, he is not held liable for lashes. (See Ketubot 33b; Chullin 81b.)
|
| 17. |
I.e., when the witnesses administered the warning, they mentioned the lesser transgression and not the more severe one.
|
| 18. |
For in this instance, he is not liable for the more severe punishment. There is a difference of opinion among the Sages of the Talmud concerning whether one is absolved from liability for lashes in such a situation or not and the halachah follows the opinion of Rabbi Yochanan who maintains that one is liable. See Ketubot 34b-35a, Chullin, loc. cit.
|
| 19. |
See the Sifra to the verse which states that the first excludes wild beasts and fowl.
|
| 20. |
See the Turei Zahav 16:11 and the Siftei Cohen 16:16 who debate the rulings of the Rashba and the Maharshal who permit one to slaughter the deer and its offspring even as an initial and preferred option.
|
| 21. |
I.e., a kosher domesticated animal.
|
| 22. |
Since ultimately, the ancestor of the hybrid deer was a domesticated animal, we hold the slaughterer liable (see Chullin 80a). Although in his Kessef Mishneh, Rav Yosef Caro quotes the opinion of the Rashba who does not hold the slaughtered liable for lashes, in his Shulchan Aruch(Yoreh De'ah 16:8), he cites the Rambam's view. The Turei Zahav 16:12 and the Siftei Cohen16:17 debate this issue and side with the more lenient views, questioning the Rambam's ruling in light of his position in Halachah 11.
|
| 23. |
And not a separate entity for whose slaughter one is held liable.
|
| 24. |
If the fetus does not step on the ground, it need not be slaughtered (Hilchot Ma'achalot Assurot5:14). Hence, the prohibition against slaughtering an animal and its offspring would not apply.
|
| 25. |
The Tosefta states: Since it is not required to slaughter such an animal, one is not liable for slaughtering it together with its mother.
|
| 26. |
This issue was apparently a matter of uncertainty for the Rambam, for in his Commentary to the Mishnah (Chullin 5:6) he revised his interpretation several times. His final text (see Rav Kapach's version which differs from the standard published text) parallels the text here. Note, however,Bechorot 7:7 which appears to refer to this prohibition with regard to males.
|
| 27. |
For he violated the prohibition twice.
|
| 28. |
For he performed one forbidden act.
|
| 29. |
For in this instance as well, he violated the prohibition twice.
|
| 30. |
Although the same act caused two violations of the prohibition, since it was only one deed, the majority opinion in Chullin 82a only holds the person liable for set of lashes. As Rashi explains: There is one prohibition, one deed, and one warning.
|
| 31. |
I.e., they both desired to slaughter their animal that day.
|
| 32. |
The Shulchan Aruch (Yoreh De'ah 16:6) states that this law applies only when the two purchased the animals from the same person. If they purchased them from different individuals, neither has precedence over the other.
|
| 33. |
In other situations, it is not necessary to notify him, for it is not certain that either purchaser will slaughter the animal on that day.
|
| 34. |
This is the holiday of Shemini Atzeret/Simchas Torah, a day of great rejoicing. Hence it is appropriate that meat be part of the festive meals. On the first day of Sukkot, by contrast, because the people are involved in preparing a sukkah and a lulav, they do not have the energy for excessive celebration.
|
| 35. |
For the Seder is a time of great rejoicing and celebration. The seventh day of Pesach, by contrast, is not considered that important a festival.
|
| 36. |
Rashi explains that the animals were necessary for sacrifices to be brought for the holiday.Tosafot states that Shavuos is customarily marked by great celebration in commemoration of the Giving of the Torah.
|
| 37. |
For it is customary to begin the new year with celebratory feasts.
|
| 38. |
The fact that he shows repose indicates that he may be purchasing the animal for a later date. The Ra'avad differs and maintains that the person's repose is taken into consideration only when he purchases the animal on the day before the day preceding the festival. The Shulchan Aruch(Yoreh De'ah 16:6) quotes the Raa'vad's ruling.
|
| 39. |
That the other animal was also sold. This applies even if he did not sell them both on the same day [Shulchan Aruch (Yoreh De'ah 16:6)].
|
| 40. |
I.e., it is a calendar day according to the Jewish calendar, not a day from sunrise to sunset or a 24-hour period beginning from the time one animal is slaughtered.
|
| 41. |
This term literally means "between the suns." It refers to the time between the setting of the sun and the appearance of the stars. There is an unresolved doubt whether the day ends at sunset or at the appearance of the stars. Hence, the halachic status of this period of time is one of question.
|
| 42. |
Lest the period until the appearance of the stars be considered as part of the previous day.
|
| 43. |
For punishment may not be given in a situation where doubt exists.
|
Shechitah - Chapter 13
Halacha 1
When a person takes a mother together with its young and slaughters it, the meat is permitted to be eaten.1 He is, however, liable for lashes for slaughtering the mother,2 as [Deuteronomy 22:6] states: "Do not take the mother together with its offspring." Similarly, if it died before he sent it away, he is liable for lashes.3 If he sent it away after he took it, he is not liable.4
Halacha 2
Halacha 3
If another person comes and seizes the mother bird from his hands and sends it away or it took flight from his possession without his knowledge, he is liable for lashes. [This is implied by ibid.:7]: "You shall certainly send away [the mother]," i.e., he must send away [the mother bird] himself. [If not,] he did not fulfill the related positive commandment.7
Halacha 4
If he took a mother bird together with its young, cut off its wings so that it cannot fly and sent it away,8 he is given stripes for rebellious conduct.9 [He must] keep [the mother bird] in his possession until her wings grow back and then send her away. If [the mother] died before this or fled and was lost, he is liable for lashes, for he did not fulfill the related positive commandment.
Halacha 5
How must one send away the mother? He holds her by her wings and has her fly away. If he sent her away and she returned, he sent her away and she returned10 - even if this happens - four or five times, he is obligated to send her away, as [implied by the repetition of the verb in the] phrase: "You shall certainly send away."11
Halacha 6
Although a person says "I will take the mother bird and send away the young,"12he is obligated to send away the mother bird, as the verse states: "You shall certainly send away the mother."
Halacha 7
If he [sent away the mother,]13 took the offspring and [then] returned them to the nest and the mother came back to them, he is not obligated to send [her] away.14
It is permitted to send away the mother and then snare her again. The Torah forbade snaring only when she cannot fly away because of her offspring over which she is hovering so that they not be taken,15 as [ibid.:6] states: "And the mother is resting on the chicks." If, however, he removed her from his grasp and then snared her again, it is permitted.
Halacha 8
[The mitzvah to] send away the mother bird applies only with regard to a kosher species of fowl16 that are not at hand, e.g., doves that rested in a dovecote or on a loft,17 wild fowl that nested in an orchard. [This is derived from the phrase (ibid.)]: "When you will chance upon." When, however, [fowl is] at hand, e.g., ducks, chicken, and doves that nested in a building, one is not liable to send away the mother.
Halacha 9
Halacha 10
When a male fowl is resting on a nest, one is not obligated to send him away [before taking the young].20 When a non-kosher bird is resting on the nest of the eggs of a kosher fowl or a kosher fowl is resting on the eggs of a non-kosher fowl, one is not obligated to send away [the fowl that is resting].21
Halacha 11
Halacha 12
Halacha 13
[The following laws apply if the mother bird] was hovering [over the nest]: If her wings were touching the nest, one is obligated to send her away.27 If not, he is not obligated. If there was a cloth or feathers intervening between her wings and the nest, he must send her away. If he did not send her away, he is not liable for lashes.28
Halacha 14
If there were two rows of eggs and [the mother bird's] wings were touching [only] the top row, [the mother bird] was sitting on unfertilized eggs, but there were good eggs below them, one female was sitting on another female, a male was sitting on the nest and the female was sitting on the male - [in all these situations,] one should not take [the mother bird with the offspring]. If he takes [her], he should send her away. But if he does not send her away, he is not liable for lashes.29
Halacha 15
Halacha 16
When [the mother bird was perched] on two branches of a tree and the nest was positioned between them, we make an evaluation. In all instances where the mother would fall on the nest if the branches were removed, one is obligated to send her away.32
Halacha 17
When the mother is resting on one chick or on one egg, one is obligated to send her away.33 When a person finds a nest floating on the water or positioned on the back of an animal, he is obligated to send the mother away. [The verse] mentions "chicks or eggs"34 and "on any tree or on the ground" [not as exclusions], but because the Torah speaks about the commonplace situations.35
Halacha 18
It is forbidden to acquire the eggs as long as the mother is resting upon them. Therefore even if a mother bird was resting on eggs or chicks in one's loft or dovecote, they are not considered as "at hand" and his courtyard does not acquire them for him.36 Just as he cannot acquire them on behalf of others [until he sends away the mother], so, too, his courtyard cannot acquire them on his behalf.37 Therefore, he must send [her] away.38
Halacha 19
It is forbidden to take a mother bird together with her offspring, even to purify a person with tzara'at.39 If he took [the mother], he is obligated to send her away. If he did not, he is liable for lashes.40 [The rationale is that] a positive commandment41 does not supersede the observance of a negative commandment [that is reinforced] by a positive commandment.42 And a positive commandment does not supersede another positive commandment.43
Halacha 20
[The following rule applies when] a person consecrates a wild fowl to the Temple treasury, it flies away from his hand, but he recognizes it and finds it resting on chicks or on eggs. He should take the entire [nest]44 and bring it to the Temple treasurer. [The rationale is that the mitzvah of] sending away the mother bird does not apply with regard to consecrated [fowl], as [implied byDeuteronomy 22:7]: "And you may take the offspring for yourself." These may not [be taken] for yourself.45
Halacha 21
When a fowl killed a human being, one is not obligated to send it away. [The rationale is that] one is commanded to bring it to court so that it will be judged.46
| FOOTNOTES | |
| 1. |
The fact that he violated a transgression in taking the mother does not cause the meat to be prohibited.
|
| 2. |
Sefer HaMitzvot (negative commandment 306) and Sefer HaChinuch (mitzvah 544) include this prohibition among the 613 mitzvot of the Torah.
The person transgresses the prohibition when he takes the mother and the offspring. Nevertheless, as long as the mother is alive and he can correct his deed by sending her away, he is not liable for lashes. This follows the principle of lav hanitak li'asai, a prohibition that can be corrected by a positive commandment, as stated in the following halachah.
|
| 3. |
For he can no longer fulfill the positive commandment.
|
| 4. |
For he corrected his actions through the positive commandment. Nevertheless, at the outset, it is forbidden for him to take the mother. He must send it away first, as is the simple meaning of the Torah's commandment. See Siftei Cohen 292:11.
|
| 5. |
The positive commandment to send away the mother bird is also considered as one of the 613 mitzvot of the Torah [Sefer HaMitzvot (positive commandment 148); Sefer HaChinuch (mitzvah 545)].
See the Kessef Mishneh (to Halachah 19) which explains that Chullin 141a mentions a difference of opinion concerning this mitzvah between Rabbi Yehudah and the Sages. Rabbi Yehudah maintains - and this is the simple meaning of the verse - that the positive commandment requires one to send away the mother bird only before taking it. Thus according to his view, sending away the mother after it was taken does not fulfill a mitzvah and hence, does not correct the transgression. The Sages differ and maintain that the halachic definition of the mitzvah also includes sending away the bird after it was taken. Therefore, if one took the mother together with its young, he can correct his transgression by sending away the mother. The Rambam's decision reflects the Sages' position.
|
| 6. |
See Makkot 16b which mentions a difference of opinion concerning the matter. One view maintains that as long as the person does not prevent himself from correcting the transgression through his own conduct, e.g., with regard to the matter at hand, he did not kill the mother bird, he is not lible for lashes. The other view, which as above is accepted as halachah by the Rambam, is that the person becomes liable for lashes when he violates the transgression. It is just that the punishment is suspended as long as he has the opportunity to correct the matter. Once, however, that opportunity no longer exists, even if it is not his fault - e.g., in the matter at hand, the bird dies - that punishment is meted out.
|
| 7. |
And is therefore held liable for the violation of the negative commandment.
|
| 8. |
I.e., he is trying to perform the mitzvah by sending the mother bird away on its feet so that he will not be held liable and yet will be able to take it again shortly afterwards. See Shulchan Aruch(Yoreh De'ah 292:4).
|
| 9. |
I.e., he is punished for his defiance of the spirit of the Torah's commandments even though it is possible that he will not actually be held liable for lashes.
|
| 10. |
I.e., as long as the mother returns before he takes the young so that the mitzvah is still relevant (Siftei Cohen 292:8).
|
| 11. |
See Bava Metzia 31a which gives several examples of how the repetition of a verb in the Torah implies that a commandment must be fulfilled even 100 times.
|
| 12. |
And thus seemingly, he will be fulfilling the intent of the Torah's commandment, for he will not be taking the mother and the young together.
|
| 13. |
This addition is made on the basis of Shulchan Aruch (Yoreh De'ah 292:5).
|
| 14. |
Once he has taken the offspring, they are considered as "at hand," and this mitzvah no longer applies as stated in the following halachah and notes (Siftei Cohen 292:10).
|
| 15. |
For, as emphasized in Moreh Nevuchim, Vol. III, ch. 48, which explains that this is the motivating rationale for this mitzvah: to prevent the cruel act of taking the young in front of the mother. Note, however, Hilchot Tefilah 9:7 and the resolution of the apparent contradiction in the previous chapter.
|
| 16. |
Chullin 139b derives this concept from the exegesis of the prooftext from Deuteronomy.
|
| 17. |
When quoting this law, the Shulchan Aruch (Yoreh De'ah 292:2 and commentaries) emphasizes that if the nest is within the person's property and the mother bird lifts itself up, the person automatically acquires the offspring. From that time on, they are considered as "at hand" and the mitzvah does not apply. See Halachah 18 and notes.
|
| 18. |
Our translation is based on Rashi's commentary to Chullin 64b.
|
| 19. |
Chullin, loc. cit., notes that the verse mentions both eggs and chicks and derives both of these concepts from an equation it establishes between the two: Just as the chicks are entities that will continue to exist, so too, the eggs must be entities that will continue to exist [in contrast to unfertilized eggs that will spoil after a certain time]. Just as the eggs require their mother, so too, the chicks must require their mother.
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| 20. |
Chullin 140a emphasizes that the verse mentions a mother, implying "and not a father."
|
| 21. |
For Chullin 138b states that the verse forbids taking the bird and its offspring "for yourself." Implied is that there is no prohibition when taking it for your dogs, i.e., taking a non-kosher species which is fit only to be fed to the dogs.
|
| 22. |
There is an unresolved question concerning this issue in Chullin 140b. Hence, it is forbidden to take the birds, but one is not liable for lashes because of the doubt.
|
| 23. |
Even though it is forbidden to eat the mother, there is a difference between it and a fowl from a non-kosher species. A mother from a non-kosher species is excluded because the prooftext uses the term tzipor which indicates a kosher species. A bird which is trefe, though forbidden, is still a tzipor (Siftei Cohen 292:1).
|
| 24. |
The literal meaning of the Rambam's words is "If he cut a portion of the signs." We have translated the Rambam's words as above because as obvious from the conclusion of his ruling, there is a doubt whether he is obligated to send away the mother bird. And with regard to the windpipe there is no doubt that he is obligated to send away the mother.
To explain: Chullin 140b questions: "Do we say that since after slitting a portion of the signs the animal will be trefe, is there a need to send it away?" Now, if a person slits less than half the windpipe, the fowl is not trefe and if he slits more than half of it, its slaughter is completed. Hence, we are forced to say that he is speaking about cutting a portion - but less than half - of the gullet. If he does not complete the slaughter, making such a slit will render the fowl trefe.
|
| 25. |
The fact the Rambam uses the term sheyikachenah, "before he takes her," implies that he is speaking about the mother bird. This understanding is also acknowledged by the Tur and Rabbenu Nissim. In his Kessef Mishneh, Rav Yosef Caro questions that interpretation, noting that even if the mother bird was made trefe by slitting its gullet, it would have to be sent away as stated in the previous halachah. Therefore, he suggests amending the text of the Mishneh Torah to imply that the signs of the chicks were slit and the question is, since he is involved in the slaughter of the chicks and stopping to send away the mother would render them trefe, must he stop and send her away or not. He follows this interpretation in his Shulchan Aruch (Yoreh De'ah 292:10).
|
| 26. |
Since the Talmud does not resolve the question it raises, one cannot be held liable for lashes because of the doubt.
|
| 27. |
The Torah uses the expression "resting on the nest." Chullin 40b infers that if the mother is hovering over the nest, the mitzvah does not imply. Since the verse does not use the term "sitting," however, we learn that the obligation exists even when the mother is not sitting in the nest but lingering close by in a manner that its wings are touching.
|
| 28. |
This question is left unresolved by Chullin, loc. cit. Hence, the Rambam rules that one must be stringent and send away the mother, but because of the doubt, cannot be held liable for lashes if he did not.
|
| 29. |
All of these situations are questions left unresolved by Chullin 140b. Hence, as above, one must be stringent and send away the mother, but because of the doubt, cannot be held liable for lashes if he did not.
|
| 30. |
In his Kessef Mishneh, Rav Yosef Caro mentions a question raised by Rabbenu Nissim: Since touching the nest from the side is not sufficient as indicated by the concluding clause in the halachah, what does it matter if the mother bird touches its young from the side when it sits among them? Based on that objection, in his Shulchan Aruch (Yoreh De'ah 292:12), he incorporates Rabbenu Nissim's understanding when quoting this law.
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| 31. |
For the Torah speaks about the mother "resting on the eggs or the chicks" and not sitting at their side.
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| 32. |
Rashi, Chullin 140b, states that this applies even if the mother's wings are not touching the nest. As long as she is resting directly above the nest, it is considered as if she was resting on it. TheSiftei Cohen 292:17 quotes this point as halachah.
|
| 33. |
As evident from Chullin 12:3, the Biblical command speaks about "a nest." As long as a nest contains one egg or chick, it is still considered a nest.
|
| 34. |
Using a plural form.
|
| 35. |
This is a general principle applying with regard to many Biblical commandments. See Yevamot15:2, Shabbat 65a, Nedarim 48a.
|
| 36. |
The Rambam is referring to a principle in Jewish business law which maintains that a person can acquire property by virtue of its presence in his domain. As the Rambam states in Hilchot Gezelah Va'Avedah 17:8-11:
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| 37. |
For as stated in the quoted portion, the potential for a person's property to acquire an article on his behalf is derived from the laws of agency.
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| 38. |
As mentioned above, the Shulchan Aruch (Yoreh De'ah 292:2) states that if the mother bird lifted itself up, the person can acquire the chicks by virtue of their presence in his property even if he does not remove them from their nest. From that time on, they are considered as "at hand" and this mitzvah does not apply. Indeed, he can tap the nest so that the mother will rise up and then acquire the young (Kessef Mishneh).
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| 39. |
A skin condition, resembling leprosy, that is visited upon a person as retribution for speaking gossip and slander. The purification process for such a person is described in Leviticus, ch. 14, and Hilchot Tuma'at Tzara'at 11:1.
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| 40. |
As stated in Halachah 2. Even if he used the mother bird for a mitzvah, he still receives lashes for violating the transgression.
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| 41. |
The purification of the person with tzara'at.
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| 42. |
The prohibition of taking the mother which is reinforced by the mitzvah to send her away. Note theKessef Mishneh who questions whether the two mitzvot should be placed in this category, for according to the Sages (whose opinion is accepted as halachah), the two mitzvot do not apply at the same time.
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| 43. |
I.e., once he has taken the mother bird, he is obligated to send her away and the observance of another positive commandment, e.g., the purification rite mentioned above, does not supplant it.
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| 44. |
For not only the mother, but also the offspring, belong to the Temple treasury. For the mother gave birth to them after she had been consecrated.
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| 45. |
For as above the offspring are also the property of the Temple treasury.
Significantly, although the Rambam's ruling is based on Chullin 138b, he does not quote the wording of the Talmud, but instead, explains the derivation of the ruling in a different manner. TheLechem Mishneh explains that this reflects a pattern found frequently in the Mishneh Torah: The Rambam will explain the derivation of a law differently than the Talmud if it appears to him that his derivation is simpler and more direct.
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| 46. |
See Hilchot Sanhedrin 5:2 which states that an animal that kills a human must be judged by a court of 23 judges.
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Shechitah - Chapter 14
Halacha 1
It is a positive commandment1 to cover the blood of a kosher wild beast or fowl2that was slaughtered, as [Leviticus 17:13] states: "If you will snare a wild beast or a fowl that may be eaten, you shall pour out its blood and cover it with earth." Therefore, before covering it, he is obligated to recite the blessing: Blessed are You, God, our Lord, King of the earth who has sanctified us with His commandments and commanded us to cover the blood.
Halacha 2
[The mitzvah] to cover the blood applies to animals that are at hand and those that are not at hand. [The verse mentions:] "If you will snare" only because it speaks about the commonplace situation. It applies with regard to ordinary animals, but not to those consecrated: whether they were consecrated [to be offered on] the altar or consecrated to the Temple treasury. If a person transgresses3 and slaughters [such an animal], he is not obligated to cover its blood.
Halacha 3
If a person slaughters a wild beast or a fowl and afterwards, consecrates them - or consecrates the blood - he is obligated to cover the blood.4
Halacha 4
It is necessary to cover the blood of a hybrid that comes from the mating of an animal and a wild beast or an animal that we do not know whether to classify as a domesticated animal or a wild beast,5 but one does not recite the blessing.6When a person slaughters for the sake of a sick person on the Sabbath, he is obligated to cover the blood after the Sabbath.7 Similarly, when a person slaughters an animal whose status is doubtful or is a hybrid on a festival, he should cover its blood after the festival.8
Halacha 5
When a person slaughters many fowl and several types of wild beasts in one place, he should recite one blessing and cover the blood of all of them together at one time.9
Halacha 6
When blood becomes mixed with water, one is obligated to cover it if it has the appearance of blood. If not, one is not liable. If it became mixed with wine or the blood of a domesticated animal, one considers it as if they were water. If were [the wine or blood] to have been water, [the mixture] would have appeared to be blood, he is obligated to cover the entire mixture. If not, he is not obligated.
Halacha 7
Halacha 8
Halacha 9
[The following rules apply if] one slaughters and the blood is absorbed in the ground. If a mark remains, he is obligated to cover it. If not, it is as if it was covered by the wind15 and he is not obligated to cover it.
Halacha 10
The only blood that must be covered is the blood of slaughter [that produces meat] that is fit to be eaten, as [the prooftext cited] states: "that may be eaten."16 Therefore, if a person slaughters and the animal is discovered to betrefe, one slaughters ordinary [fowl or beasts] in the Temple Courtyard,17 one slaughters fowl or beasts that were condemned to be stoned to death,18 one slaughters an animal and causes it to become a nevelah, one is not obligated to cover the blood. Similarly when a deaf-mute, a mentally or emotional incompetent person or a minor slaughters in private, there is no obligation19 to cover the blood [of the animal] they slaughtered.20
Halacha 11
With what should [the blood] be covered? With earth,21 lime, gypsum, fine fertilizer, fine sand that need not be crushed by a potter, crushed rocks and earthen-ware, fine flax chips, fine saw dust, bricks, burnt mud,22 and sealing clay that are crushed, for all of these are types of "earth." If, however, one covered it with a utensil or with stones, it is not considered as "covered," for the verse states "with earth."
Halacha 12
For this reason, we do not cover [blood] with coarse fertilizer, coarse sand, flour, bran, grain fiber, or filings from metal utensils, for these are not types of "earth." There is one exception: filings of gold alone may be used to cover [blood], for they are called "dust,"23 as [Job 28:6] states: "And it possesses the dust of gold" and [Deuteronomy 9:21] speaks [of grinding the Gold Calf] "until it was thin, into dust."
Halacha 13
We may cover [blood] with oven soot, stibium,24 powder from mills, and ashes. [This includes] ashes from trees and ashes from clothes, even ashes from meat that was burnt, for [Numbers 19:17] speaks of "the ashes of the burnt sin-offering."25 It is permitted to cover [blood] with the ashes of a city that went astray [and was therefore destroyed].26
Halacha 14
Halacha 15
The person who slaughters [the animal] should cover its blood,29 as [the above prooftext ] states: "[You shall pour out its blood and] cover it with earth."30 If he did not cover the blood and another person sees it, he is obligated to cover it, for this is an independent mitzvah and is not dependent on the slaughterer alone.31
16When a person covers the blood, he should not cover it with his feet,32 but instead with his hands, a knife, or a utensil, so that he will not treat it with disdain and regard the mitzvoth with scorn. For the mitzvot in and of themselves are not worthy of honor. Instead, [the honor is] due He, blessed be He, who commanded us to observe them and [thus] saved us from groping in darkness and thus granted us a lamp to straighten crooked paths and a light to illumine the upright ways.33 And so [Psalms 119:105] states: "Your words are a lamp to my feet and a light for my ways."
Blessed be G-d who grants assistance.
| FOOTNOTES | |
| 1. |
Sefer HaMitzvot (positive commandment 147) and Sefer HaChinuch (mitzvah 187) include this prohibition among the 613 mitzvot of the Torah.
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| 2. |
Both a wild fowl and a domesticated one. One need not, by contrast, cover the blood of a domesticated animal that was slaughtered.
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| 3. |
For it is forbidden to slaughter animals consecrated to the Temple treasury until they have been redeemed.
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| 4. |
Because when the blood was poured out, it did not have a connection to the Temple treasury, and at that time, the person became obligated to cover it.
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| 5. |
The commentaries to Chullin 83a employ this interpretation with regard to a kevi, an animal which one opinion in Chullin 80a understands as referring to an animal whose species could not be identified as a domesticated animal or a wild beast. The Rama (Yoreh De'ah 28:4) employs this concept with regard to a buffalo.
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| 6. |
We are unsure of the status of this animal and do not know whether there is an obligation to cover its blood or not. Hence, we cover it, but do not recite a blessing, lest the blessing be recited in vain.
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| 7. |
For covering it on the Sabbath would be a violation of the prohibition against performing labor.
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| 8. |
He is required to cover the animal's blood because of the doubt as stated in the first clause. Nevertheless, he may not cover it on the festival, for perhaps he is not obligated to do so, and hence, will be performing a forbidden labor on the festival for no valid reason. For this reason, theShulchan Aruch (Yoreh De'ah 28:3) rules that, as an initial and preferred option, one should not slaughter such an animal on a festival. See also Shulchan Aruch (Orach Chayim 498:18) which states that even if one has earth prepared before the festival so that covering the blood will not involve the transgression of a prohibition, one should not cover it on a festival because of the impression that will be created. People might think that it was definitely determined that it is a wild beast and may therefore partake of its fat [the Rambam's Commentary to the Mishnah (Chullin6:1) based on Beitzah 8b].
See also the Siftei Cohen 28:10 which states that the blood must be poured out on the ground on the festival. It cannot be saved in a utensil (because of the prohibition mentioned in Chapter 2, Halachah 5) and spilled out after the festival.
|
| 9. |
I.e., it is not necessary to cover the blood immediately. Instead, one may wait until he has slaughtered all the animals he desires and then cover the blood.
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| 10. |
For he has already fulfilled the mitzvah involved.
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| 11. |
For the Torah's commandment obligates one to cover only blood that is apparent. If it is covered, there is no mitzvah involved.
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| 12. |
Since the person never covered the blood himself, it is as if it was never covered. See Pitchei Teshuvah 28:4; Magen Avraham 586:6 which discuss whether there is a definite obligation to cover the blood in such a situation or there is an unresolved question and one does so because of the doubt involved. The question of whether or not to recite a blessing in this situation depends on the clarification of this issue.
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| 13. |
Usually, a certain quantity of blood is poured out directly after the slaughter as well.
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| 14. |
According to the Rambam's interpretation of the mishnah (Chullin 6:6), if there is other blood aside from this, it is sufficient to cover that other blood. It is not necessary to cover all the blood. The Ra'avad differs and maintains that all the blood must be covered. The Shulchan Aruch (Yoreh De'ah 28:15 follows the Rambam's view.
|
| 15. |
See Halachah 7.
|
| 16. |
This prooftext causes the ruling to be different from that applying to the prohibition against slaughtering an animal and its offspring on the same day. See Chullin 85a.
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| 17. |
Which are forbidden to be eaten (Chapter 2, Halachah 2).
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| 18. |
I.e., an animal or fowl that killed a human.
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| 19. |
We have used a non-literal translation, for these individuals are not obligated in the performance of any mitzvot. See Siftei Cohen 28:24 which states that we are forbidden to cover this blood.
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| 20. |
As stated in Chapter 4, Halachah 5, if these individuals slaughter privately, the slaughter is unacceptable. If, however, they slaughter in the presence of an expert and he states that they slaughtered correctly, the slaughter is acceptable and the blood must be covered.
|
| 21. |
Though this term is not found in the standard printed texts. It is found in authoritative manuscripts and early printings. The version of the standard printed text can be interpreted to mean that in this halachah, the Rambam is clarifying which other substances can be considered as "earth."
When quoting this law, the Shulchan Aruch (Yoreh De'ah 28:23) gives the following introduction: "Any substance in which seeds will grow is called סearth'.... If [seeds] will not grow in it, but it is called סearth,' we may cover [blood] with it."
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| 22. |
This translation is based on the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:1). In his commentary to 3:7, 10:2, he interprets the term as "crushed earthenware." We, however, used the former translation to avoid redundancy. Others cite the interpretation of the Aruch who explains that the term refers to a type of lime.
|
| 23. |
The Hebrew term afar has both the meaning "earth" and "dust."
|
| 24. |
A blue-powder uses for makeup and medicinal purposes in Talmudic times.
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| 25. |
I.e., the red heifer.
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| 26. |
See Deuteronomy ch. 13 and Hilchot Avodat Kochavim, ch. , which explain that if an entire city is led astray and worships false deities, the city is condemned, the transgressors executed, and the city burnt. With the ruling in this halachah, the Rambam is explaining that although it is forbidden to benefit from the property - and even the ashes - of such a condemned city, its ashes may be used for this purpose. The rationale is that using the ashes for the mitzvah is not considered as benefiting from them, because the mitzvoth were not given for our benefit (Chullin 89a).
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| 27. |
Moreover, this earth must be loose. One should not slaughter over a place where the earth is hard [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 28:5)].
|
| 28. |
Even if the utensil contains murky water and thus the prohibition mentioned in Chapter 2, Halachah 5, does not apply.
|
| 29. |
One may, however, give another person the privilege of fulfilling the mitzvah. For that reason, there are many who ask the ritual slaughterer for the privilege of fulfilling the mitzvah of covering the blood after fulfilling the custom of kapporot. Nevertheless, one must ask the slaughterer for the privilege, one who takes it without asking is liable to pay the slaughterer a fine for "stealing" his mitzvah. See Turei Zahav 28:8.
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| 30. |
Chullin 87a states: "The one who סpours out its blood' should סcover it.'"
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| 31. |
Chullin, loc. cit., notes that the passage states: "And you shall say to the children of Israel," implying that the mitzvah is the concern of the entire people.
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| 32. |
I.e., by kicking the earth over the blood.
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| 33. |
As Bereishis Rabbah 44:1 states: "The mitzvoth were given to the Jewish people solely to refine the created beings with them." See also Moreh Nevuchim, Vol. III, ch. 26.
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• Shabbat, Nissan 8, 5775 · 03/28/2015
"Today's Day"
Torah lessons: Chumash: Metzora, Shlishi with Rashi.
Tehillim: 44-48.
Tanya: For just as the (p. 203)...Peri Etz Chayim. (p. 205).
Every soul has its particular avoda, in the areas of intellect and emotions, in accordance with that soul's nature and character. It is written: "From my foes have You given me wisdom";1 from the evil tendencies one detects in his natural traits, he can become wise and know how to handle the correction of these traits, and how to subordinate his powers, in the service of G-d.
FOOTNOTES
1. Tehillim 119:98. The more literal rendering is, "You have made me more wise than my foes."
Daily Thought:
Traditions of the Future
We do not keep our traditions for the sake of the past. We keep it for their power to create a future, a power that will never end.
For the Torah was not given to this world so that it should return to its pristine glory as it was created. The Torah was given for this world to transcend itself.[Likutei Sichot 10, pg. 162. Masai 5741:18.]
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