Today's Laws & Customs:
• Count "Twenty-Eight Days to the Omer" Tonight
Tomorrow is the twenty-eighth day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer fortomorrow's date tonight, after nightfall: "Today is twenty-eight days, which are four weeks, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Malchut sheb'Netzach -- "Receptiveness in Ambition"
The teachings of Kabbalah explain that there are seven "Divine Attributes" --Sefirot -- that G-d assumes through which to relate to our existence: Chessed,Gevurah, Tifferet, Netzach, Hod, Yesod and Malchut ("Love", "Strength", "Beauty", "Victory", "Splendor", "Foundation" and "Sovereignty"). In the human being, created in the "image of G-d," the seven sefirot are mirrored in the seven "emotional attributes" of the human soul: Kindness, Restraint, Harmony, Ambition, Humility, Connection and Receptiveness. Each of the seven attributes contain elements of all seven--i.e., "Kindness in Kindness", "Restraint in Kindness", "Harmony in Kindness", etc.--making for a total of forty-nine traits. The 49-day Omer Count is thus a 49-step process of self-refinement, with each day devoted to the "rectification" and perfection of one the forty-nine "sefirot."
Links:
How to count the Omer
The deeper significance of the Omer Count
Today in Jewish History:
• Roman Jews Granted Privileges (1402)
On the 12th of Iyar, 1402, the Jews of Rome were granted "privileges" by Pope Boniface IX. They were given legal right to observe their Shabbat, protection from local oppressive officials, their taxes were reduced and orders were given to treat Jews as full-fledged Roman citizens.
Daily Quote:
Accept the truth from wherever it comes[Maimonides]
Daily Study:
Chitas and Rambam for today:
Chumash: Acharei-Kedoshim, 6th Portion Leviticus 19:33-20:7 with Rashi
• Chapter 19
33When a stranger sojourns with you in your land, you shall not taunt him. לגוְכִי יָגוּר אִתְּךָ גֵּר בְּאַרְצְכֶם לֹא תוֹנוּ אֹתוֹ:
you shall not taunt him: Heb. לֹא תוֹנוּ. [This refers to] tormenting with words [as opposed to torment through other means, e.g., financially (see Rashi Lev. 25:14)]. [For instance,] do not say to him, “Only yesterday you were an idol worshipper, and now you come to learn Torah, which was given over by the Almighty God Himself! ”. — [Torath Kohanim 19:82] לא תונו: אונאת דברים. לא תאמר לו אמש היית עובד עבודה זרה ועכשיו אתה בא ללמוד תורה שנתנה מפי הגבורה:
34The stranger who sojourns with you shall be as a native from among you, and you shall love him as yourself; for you were strangers in the land of Egypt. I am the Lord, your God. לדכְּאֶזְרָח מִכֶּם יִהְיֶה לָכֶם הַגֵּר | הַגָּר אִתְּכֶם וְאָהַבְתָּ לוֹ כָּמוֹךָ כִּי גֵרִים הֱיִיתֶם בְּאֶרֶץ מִצְרָיִם אֲנִי יְהוָֹה אֱלֹהֵיכֶם:
for you were strangers: Do not accuse your fellow man with your own defect. - [B.M. 59b] כי גרים הייתם: מום שבך אל תאמר לחברך:
I am the Lord, your God: [Here, the word for “your,” אלֹהֵיכֶם, is in the plural; thus, regarding the stranger, Scripture reminds you:] I am Your God and his God! אני ה' אלהיכם: אלהיך ואלהיו אני:
35You shall not commit a perversion of justice with measures, weights, or liquid measures. להלֹא תַעֲשׂוּ עָוֶל בַּמִּשְׁפָּט בַּמִּדָּה בַּמִּשְׁקָל וּבַמְּשׂוּרָה:
You shall not commit a perversion of justice: If we are dealing [here] with litigation, Scripture has already stated (verse above), “You shall commit no injustice in judgment.” So what is the “judgment” that is taught here? It refers to [“just” behavior regarding one’s dealing with] measures, weights or liquid measures: this teaches us that one who measures [out something in business,] is called a “judge,” for if he falsifies the measure, he is considered to be as one who perverts justice. He is [accordingly] called perverse, hated, disgusting, fit for destruction, and an abomination (see Rashi on verse 15 above). [Moreover,] he brings about the five things stated regarding a [corrupt] judge, namely, that he (a) defiles the Land, (b) desecrates the Name of God, (c) drives away the Divine Presence, (d) causes Israel to fall by the sword, and (e) exiles Israel from their Land. — [Torath Kohanim 19:84] לא תעשו עול במשפט: אם לדין, הרי כבר נאמר לא תעשו עול במשפט (פסוק טו), ומהו משפט השנוי כאן, הוא המדה והמשקל והמשורה. מלמד שהמודד נקרא דיין, שאם שיקר במדה הרי הוא כמקלקל את הדין וקרוי עול, שנאוי, ומשוקץ, חרם ותועבה. וגורם לחמשה דברים האמורים בדיין מטמא את הארץ, ומחלל את השם, ומסלק את השכינה, ומפיל את ישראל בחרב, ומגלה אותם מארצם:
with measures: This refers to a land measure [i.e., measures of length or area of land]. — [Torath Kohanim 19:85; B.M. 61b]; במדה: זו מדת הארץ:
weights: [This is to be understood] according to its apparent meaning. במשקל: כמשמעו:
liquid measures: Heb. וּבַמְּשׂוּרָה. This refers to liquid measures. — [see Torath Kohanim 19:85 and B.M. 61b] ובמשורה: היא מדת הלח:
36You shall have true scales, true weights, a true ephah, and a true hin. I am the Lord, your God, Who brought you out of the land of Egypt. לומֹאזְנֵי צֶדֶק אַבְנֵי צֶדֶק אֵיפַת צֶדֶק וְהִין צֶדֶק יִהְיֶה לָכֶם אֲנִי יְהוָֹה אֱלֹהֵיכֶם אֲשֶׁר הוֹצֵאתִי אֶתְכֶם מֵאֶרֶץ מִצְרָיִם:
true weights: Heb. אַבְנֵי צֶדֶק, lit. stones of righteousness. These are the weights [people use] to weigh against [i.e., as a standard weight on the scales]. אבני צדק: הם המשקולות ששוקלין כנגדן:
a true ephah: This is a [unit of] dry measure. איפת: היא מדת היבש:
and a true hin: This is a [unit of] liquid measure. הין: זו היא מדת הלח:
Who brought you out: on this condition [i.e., to observe these commandments]. — [Torath Kohanim 19:87] Another explanation: God says,] In Egypt, I discerned between the drop [of sperm that led to the conception] of a firstborn and the drop [of sperm that did] not [lead to the conception] of a firstborn. [Likewise,] I am the One faithful to exact punishment upon someone who secretly stores his weights in salt [thus altering their weight] in order to defraud people who do not recognize them [as weights that have been tampered with]. — [B.M. 61b] אשר הוצאתי אתכם: על מנת כן. דבר אחר אני הבחנתי במצרים בין טפה של בכור לטפה שאינה של בכור, ואני הנאמן להפרע ממי שטומן משקלותיו במלח להונות את הבריות שאין מכירים בהם:
37You shall observe all My statutes and all My ordinances, and fulfill them. I am the Lord. לזוּשְׁמַרְתֶּם אֶת כָּל חֻקֹּתַי וְאֶת כָּל מִשְׁפָּטַי וַעֲשִׂיתֶם אֹתָם אֲנִי יְהוָֹה:
Chapter 20
1And the Lord spoke to Moses, saying, אוַיְדַבֵּר יְהוָֹה אֶל משֶׁה לֵּאמֹר:
2And to the children of Israel, you shall say: Any man of the children of Israel or of the strangers who sojourn among Israel, who gives any of his offspring to Molech, shall surely be put to death; the people of the land shall pelt him with stones. בוְאֶל בְּנֵי יִשְׂרָאֵל תֹּאמַר אִישׁ אִישׁ מִבְּנֵי יִשְׂרָאֵל וּמִן הַגֵּר | הַגָּר בְּיִשְׂרָאֵל אֲשֶׁר יִתֵּן מִזַּרְעוֹ לַמֹּלֶךְ מוֹת יוּמָת עַם הָאָרֶץ יִרְגְּמֻהוּ בָאָבֶן:
And to the children of Israel, you shall say: [i.e., enumerate the following] punishments for the warnings [that were given in chapter 18.]. ואל בני ישראל תאמר: עונשין על האזהרות:
shall surely be put to death: By the court. And if the court is not [physically] powerful [enough to kill him by themselves], “the people of the land” must assist them. — [Torath Kohanim 20:91] מות יומת: בבית דין, ואם אין כח לבית דין עם הארץ מסייעין אותן:
the people of the land: עַם הָאָרֶץ. [This may be rendered either: “the people of the earth” or “ the people of the land,” as follows:] The people for whose sake the earth was created, the people who are destined to possess the Land [of Israel], through [the observance of] these commandments. — [Torath Kohanim 20:91] עם הארץ: עם שבגינו נבראת הארץ. דבר אחר עם שעתידין לירש את הארץ ע"י מצות הללו:
3And I will set My attention upon that man, and I will cut him off from amidst his people, because he gave of his offspring to Molech in order to defile My holy ones and to profane My holy Name. גוַאֲנִי אֶתֵּן אֶת פָּנַי בָּאִישׁ הַהוּא וְהִכְרַתִּי אֹתוֹ מִקֶּרֶב עַמּוֹ כִּי מִזַּרְעוֹ נָתַן לַמֹּלֶךְ לְמַעַן טַמֵּא אֶת מִקְדָּשִׁי וּלְחַלֵּל אֶת שֵׁם קָדְשִׁי:
And I will set my attention: Heb., פָּנַי, i.e., My leisure (פְּנַאי). I will turn aside (פּוֹנֶה) from all My affairs and occupy Myself with him. — [Torath Kohanim 20:92] אתן את פני: פנאי שלי, פונה אני מכל עסקי ועוסק בו:
[that] man: But not the [whole] community. — [Torath Kohanim 20:92] [I.e., if the entire community give their offspring over to Molech, they are not punished with excision,] because the entire community are not to be cut off. באיש: ולא בצבור, שאין כל הצבור נכרתין:
because he gave of his offspring to Molech: [Are not this phrase here, and the phrase in the next verse, “when he gives of his offspring to Molech” superfluous? However,] since Scripture says, “[There shall not be found among you] anyone who passes his son or daughter through fire” (Deut. 18:10), how do we know [that the law applies as well to] his son’s son or his daughter’s son? Scripture, therefore, says, “because he gave of his offspring to Molech.” And how do we know that the law applies even to one’s illegitimate offspring [i.e., one produced from a halachically illegitimate union]? Scripture. therefore says (in the next verse),“when he gives of his offspring to Molech” [to include even his illegitimate offspring]. — [Torath Kohanim 20:93; Sanh. 64b] כי מזרעו נתן למלך: לפי שנאמר מעביר בנו ובתו באש (דברים יח י), בן בנו ובן בתו מנין, תלמוד לומר כי מזרעו נתן למולך. זרע פסול מנין, תלמוד לומר בתתו מזרעו למולך:
In order to defile My holy ones: Heb. מִקְדָּשִׁי. [This is] the congregation of Israel, which is sanctified to Me. [This reference to Israel as מִקְדָּשִׁי, what is sanctified to Me, is] reminiscent of the expression [referring to the holy sacrifices], “he shall not desecrate My holy things (מִקְדָּשַׁי) ” (Lev. 21:23). למען טמא את מקדשי: את כנסת ישראל, שהיא מקודשת לי, כלשון (ויקרא כא כג) ולא יחלל את מקדשי:
4But if the people of the land ignore that man when he gives of his offspring to Molech, not putting him to death דוְאִם הַעְלֵם יַעְלִימוּ עַם הָאָרֶץ אֶת עֵינֵיהֶם מִן הָאִישׁ הַהוּא בְּתִתּוֹ מִזַּרְעוֹ לַמֹּלֶךְ לְבִלְתִּי הָמִית אֹתוֹ:
But if [the people of the land] ignore [that man]: Heb. הַעְלֵם יַעְלִימוּ. [The double expression intimates that] if they ignore one matter [i.e., even one sin], they will eventually ignore many matters, and if the Small Sanhedrin [of twenty-three judges] ignores the matter, eventually the Great Sanhedrin [of seventy-one judges, in Jerusalem,] will ignore the matter. — [Torath Kohanim 20:94] ואם העלם יעלימו: אם העלימו בדבר אחד, סוף שיעלימו בדברים הרבה. אם העלימו סנהדרי קטנה, סוף שיעלימו סנהדרי גדולה:
5I will set My attention upon that man, and upon his family, and I will cut him off, and all who stray after him to stray after Molech, from amidst their people. הוְשַׂמְתִּי אֲנִי אֶת פָּנַי בָּאִישׁ הַהוּא וּבְמִשְׁפַּחְתּוֹ וְהִכְרַתִּי אֹתוֹ וְאֵת | כָּל הַזֹּנִים אַחֲרָיו לִזְנוֹת אַחֲרֵי הַמֹּלֶךְ מִקֶּרֶב עַמָּם:
and upon his family: Rabbi Shimon says: [In] what [way] did the family sin [that they are punished]? However, this teaches you that there is no family in which there is an [unfair] tax collector which may not [be regarded as consisting] entirely of tax collectors, for they all cover up for him. — [Torath Kohanim 20:95; Shev. 39a] ובמשפחתו: אמר ר' שמעון וכי משפחה מה חטאה, אלא ללמדך שאין לך משפחה שיש בה מוכס שאין כולם מוכסין, שכולם מחפין עליו:
and I will cut him off: Why is this stated? Because since Scripture says, “[I will set My attention upon that man] and upon his family,” one might think that his entire family is included in [the punishment of] excision. Scripture, therefore, says, “[I will cut] him [off]”-that man is to be excised [from the people of Israel], but the entire family is not included in excision, but with suffering. — [Torath Kohanim 20:96] והכרתי אתו: למה נאמר, לפי שנאמר ובמשפחתו, יכול יהיו כל המשפחה בהכרת, תלמוד לומר אותו. אותו בהכרת ולא כל המשפחה בהכרת, אלא ביסורין:
to stray after Molech: [This phrase comes to] include [in this penalty] any other pagan deity that one worshipped in this manner, even though it is not its mode of worship. — [Sanh. 64b] לזנות אחרי המלך: לרבות שאר עבודה זרה שעבדה בכך, ואפילו אין זו עבודתה:
6And the person who turns to Ov or Yid'oni, to stray after them I will set My attention upon that person, and I will cut him off from amidst his people. ווְהַנֶּפֶשׁ אֲשֶׁר תִּפְנֶה אֶל הָאֹבֹת וְאֶל הַיִּדְּעֹנִים לִזְנֹת אַחֲרֵיהֶם וְנָתַתִּי אֶת פָּנַי בַּנֶּפֶשׁ הַהִוא וְהִכְרַתִּי אֹתוֹ מִקֶּרֶב עַמּוֹ:
7You shall sanctify yourselves and be holy, for I am the Lord, your God. זוְהִתְקַדִּשְׁתֶּם וִהְיִיתֶם קְדשִׁים כִּי אֲנִי יְהוָֹה אֱלֹהֵיכֶם:
You shall sanctify yourselves: This [refers to] separation from idolatry. — [Torath Kohanim 20:100] והתקדשתם: זו פרישות עבודה זרה:Daily Tehillim: Psalms Chapters 66 - 68
• Chapter 66
This psalm describes the praises and awe-inspiring prayers that we will offer God upon the ingathering of the exiles.
1. For the Conductor, a song, a psalm. Raise your voices in jubilation to God, all the earth!
2. Sing the glory of His Name; make glorious His praise.
3. Say to God, "How awesome are Your deeds!" Because of Your great strength, Your enemies will [admit] their treachery to You.
4. All the earth will bow to You, and sing to You; they will sing praise to Your Name forever!
5. Go and see the works of God, awesome in His deeds toward mankind.
6. He turned the sea into dry land, and they passed through the river on foot; we rejoiced in Him there.
7. He rules the world with His might, and His eyes watch the nations; let the rebellious not exalt themselves, Selah.
8. Bless our God, O nations, and let the voice of His praise be heard.
9. He has kept us alive, and did not allow our feet to falter.
10. For You tested us, O God; You refined us as one refining silver.
11. You brought us into prison; You placed a chain upon our loins.
12. You mounted men over our head; we went through fire and water, and You brought us out to abundance.
13. I will enter Your House with burnt-offerings, I will pay to You my vows,
14. which my lips uttered and my mouth spoke in my distress.
15. I will offer up to You burnt-offerings of fat animals, with the smoke of rams; I will prepare cattle with he-goats, Selah.
16. Come listen, all you who fear God, and I will relate what He has done for my soul.
17. I called to Him with my mouth, with exaltation beneath my tongue.
18. Had I seen iniquity in my heart, my Lord would not have listened.
19. But in truth, God heard; He gave ear to the voice of my prayer.
20. Blessed is God Who has not turned away my prayer or His kindness from me.
Chapter 67
This psalm is known as an especially revered prayer. It, too, speaks of the era of the ingathering of the exiles, and the wars of Gog and Magog, a time when "the Lord will be One."
1. For the Conductor, a song with instrumental music, a psalm.
2. May God be gracious to us and bless us; may He make His countenance shine upon us forever,
3. that Your way be known on earth, Your salvation among all nations.
4. The nations will extol You, O God; all the nations will extol You.
5. The nations will rejoice and sing for joy, for You will judge the peoples justly and guide the nations on earth forever.
6. The peoples will extol You, O God; all the peoples will extol You,
7. for the earth will have yielded its produce, and God, our God, will bless us.
8. God will bless us; and all, from the farthest corners of the earth, shall fear Him.
Chapter 68
An awe-inspiring and wondrous prayer, David composed this psalm referring to a future event, when Sennacherib would surround Jerusalem on Passover, during the reign of Hezekiah. He also prophesies about the good we will enjoy during the Messianic era.
1. For the Conductor; by David, a psalm, a song.
2. Let God rise, let His enemies be scattered, and let His enemies flee before Him.
3. As smoke is driven away, drive them away; as wax melts before fire, let the wicked perish before God.
4. And the righteous will rejoice, they will exult before God and delight with joy.
5. Sing to God, chant praises to His Name; extol Him Who rides upon the heavens with His Name, Yah, and exult before Him.
6. A father of orphans and judge of widows is God, in the abode of His holiness.
7. God settles the solitary into a home, and frees those bound in shackles; but the rebellious [are left to] dwell in an arid land.
8. O God, when You went out before Your nation, when You marched through the wilderness, Selah,
9. the earth trembled, even the heavens dripped before the presence of God; this mountain of Sinai [trembled] before the presence of God, the God of Israel.
10. You poured generous rain, O God; when Your heritage was weary, You secured it.
11. Your flock settled there; in Your goodness, O God, You prepare for the poor.
12. My Lord will fulfill the word of the heralds to a great legion:
13. Kings of armies will flee, they will flee; and she who inhabits the home will divide the loot.
14. Even if you lie upon the hearth,1 [you will be like] wings of a dove covered with silver, her pinions with brilliant gold.
15. When the Almighty scatters kings in her midst, those in the shadow of darkness will be made snow-white.
16. The mountain of God is a fertile mountain, the mountain of majestic peaks is a fertile mountain.
17. Why do you prance, O mountains of peaks? This is the mountain God has desired as His dwelling; the Lord will even dwell there forever.
18. The chariots of God are twice ten thousand, [with] thousands of angels; my Lord is in their midst, at Sinai, in holiness.
19. You ascended on high and took a captive,2 you seized gifts for man; and [now] even rebels dwell with Yah, God.
20. Blessed is my Lord, Who each day loads us [with beneficence], the God Who is our deliverance forever.
21. The Lord is a God of deliverances for us; and to God, my Lord, are the many avenues of death.
22. God alone crushes the heads of His enemies, the hairy skull of him who goes about in his guilt.
23. My Lord said, "I will bring back from Bashan,3 I will bring back from the depths of the sea,
24. that your foot may wade through [the enemy's] blood; that the tongue of your dogs may have its portion from your enemies.”
25. They saw Your ways, O God, the ways of my God, my King, in holiness.
26. The singers began, then the musicians, in the midst of the maidens playing timbrels.
27. In assemblies bless God; [bless] my Lord, O you who stem from Israel.
28. There Benjamin, the youngest, rules them; the princes of Judah stone them, [as do] the princes of Zebulun, and the princes of Naphtali.
29. Your God has decreed your strength. Show Your strength, O God, Who has wrought this for our sake.
30. Because of [the glory of] Your Sanctuary upon Jerusalem, kings will bring You tribute.
31. Rebuke the wild beast of the reeds, the assembly of mighty bulls among the calves of nations, [until] each submits himself with pieces of silver. Scatter the nations that desire wars.
32. Nobles will come from Egypt; Kush will hasten [to raise] its hands to God.
33. Kingdoms of the earth, sing to God; sing praise to my Lord forever!
34. To the One Who rides upon the loftiest of ancient heavens-behold He gives forth His voice, a voice of might.
35. Ascribe power to God; His majesty is over Israel, and His might is in the skies.
36. God, You are feared from Your Sanctuary; it is the God of Israel Who grants strength and power to His people; blessed is God.
Tanya: Likutei Amarim, end of Chapter 46• Lessons in Tanya
• Friday, Iyar 12, 5775 · May 1, 2015
Today's Tanya Lesson
Likutei Amarim, end of Chapter 46
וזה שאמר אסף ברוח הקדש בעד כל כנסת ישראל שבגולה
This is also the meaning of what Asaf said,1 under Divine inspiration, on behalf of the whole community of Israel who were later to be in exile:2
The barriers that conceal holiness are particularly strong during the time of exile. Concerning that time Asaf said:
ואני בער ולא אדע, בהמות הייתי עמך, ואני תמיד עמך
“And I am foolish and know and feel not; I was as a beast before You. [Yet] I am continually with You.”
כלומר, שאף על פי שאני כבהמה בהיותי עמך
This means3 that even though I am as a “beast” when I am with You,
Even when I perform a mitzvah and am thus united with You, I am still like a beast.
ולא אדע ולא ארגיש בנפשי יחוד זה
my soul being unaware of, and insensitive to, this union achieved between my soul and G‑d through performing a mitzvah; for were I to be aware and sensitive, my soul would be affected in a manner
שתפול עליה אימתה ופחד תחלה, ואחר כך אהבה רבה בתענוגים או כרשפי אש
which should bring down upon it fear and awe first, followed by a great love of delights, a love wherein the soul derives great pleasure from G‑dliness, or a love like fiery flames of ardent longing for G‑dliness,
כמדת הצדיקים שנזדכך חומרם
like the quality of the tzaddikim whose corporeality has been refined;
When tzaddikim perform a mitzvah they actually feel how it unifies their soul with G‑d. This, in turn, awakens within their soul a feeling of fear and awe of G‑d, followed by a feeling of intense love of Him. This, of course, is not the case with these who “feel not.”
וכנודע שדעת הוא לשון הרגשה בנפש, והוא כולל חסד וגבורה
for, as is known, the term Daat connotes a sensitivity of the soul, and this is comprised of Chesed and Gevurah.
Chesed gives rise to love and Gevurah to fear. Only when one possesses the attribute ofDaat and spiritual sensitivity, will one experience the kinds of love and fear of G‑d described above.
אף על פי כן אני תמיד עמך, כי אין החומר מונע יחוד הנפש באור אין סוף ברוך הוא, הממלא כל עלמין
Nevertheless, “I am continually with You,” for the corporeality of the body does not prevent the union of the soul with the light of the blessed Ein Sof, Who fills all worlds,
Corporeality can only prevent the soul from being conscious of its unity with G‑d, inasmuch as it hinders the revelation and awareness of the unity accomplished during the performance of a mitzvah. It cannot, however, hinder the actual unity objectively effected.
וכמו שכתוב: גם חושך לא יחשיך ממך
and as it is written:4 “Even darkness cannot obscure You.”
ובזה
Accordingly,5 since (as above) every Jew who performs a mitzvah is granted the unity and sanctity of “Supreme Holiness,” even when he does not perceive it, as does a tzaddik,
יובן חומר עונש איסור מלאכה בשבתות וחמץ בפסח, השוה לכל נפש
one will be able to understand the severity of the punishment for transgressing the prohibition of work on Sabbath or that of leavened bread on Passover, which equally applies to all.
The very same severe punishment applies equally to the loftiest tzaddik and to the coarsest boor, were either of them, heaven forfend, to transgress one of the above-mentioned prohibitions. The reason:
-לפי שאף בנפש בור ועם הארץ גמור מאיר אור קדושת שבת ויום טוב, ונידון בנפשו בכרת וסקילה על חילול קדושה זו
For even in the soul of an uncultured and completely illiterate person shines the light of the sanctity of Sabbath or Festival; hence he faces capital punishment by Karet for eating leavened bread on Passover and stoning for doing a prohibited form of labor on Sabbath, for the profanation of this sanctity which illuminates his soul.
Though a particular individual may not feel this sanctity, still, as explained earlier, this sanctity does indeed illuminate his soul. This being the case, the soul of this individual is tainted by his misdeed in a manner equal to that of a tzaddik in similar circumstances. It is for this reason that the manner of punishment applies equally to all.
וגם משהו חמץ, או טלטול מוקצה, פוגם בקדושה שעל נפשו כמו בקדושת נפש הצדיק
Similarly, the transgression involving the slightest amount of leaven on Passover, or the moving of muktzeh on Sabbath, blemishes the sanctity which rests on his (the uncultured person’s) soul just as it would the sanctity of the soul of a tzaddik,
כי תורה אחת לכולנו
for we all have one Torah: the laws of the Torah apply equally to all Jews.
From all the above it becomes eminently clear that though a person may not feel the sanctity brought about by the performance of a mitzvah, so much so that he is likened to a beast, nevertheless, through his performance of a mitzvah, this “beast” is unified with G‑d to the same degree as the greatest sage. Indeed, this is the implication of the verse, “Beasts I am with You, [yet] I am constantly with You.”
The Alter Rebbe now goes on to say that there is a definite reason why the similarity to a beast is described in the plural (“beasts I am with you”). This tells us that the performance of amitzvah on the level of a beast — with neither comprehension nor feeling — is related to the spiritual level which transcends comprehension and feeling, this level too being termed “beast” since it is not in the realm of comprehension, rather transcending it. Thus there are two levels of “beasts”, that which is lower than the realm of comprehension and that which is above it. Both are alluded to by the same word, since the two are connected.
ומה שכתוב: בהמות, לשון רבים
(6And as for the use of the plural form “beasts”, which is inconsistent both with the singular form mentioned earlier (“and I am a fool”) and with the singular form mentioned later (“And I am constantly...”),
לרמז כי לפניו יתברך גם בחינת דעת העליון, הכולל חסד וגבורה, נדמה כבהמות ועשייה גופנית לגבי אור אין סוף
this intimates that before Him, even Daat Elyon (“Supernal Knowledge”) — which comprises Chesed and Gevurah — is like “beasts” and a physical creation (i.e., the physical world of Asiyah, not its spiritual counterpart), when compared with the light of the Ein Sof,
כמו שכתוב: כולם בחכמה עשית
as it is written:7 “You made (עשית) them all with wisdom,” thereby comparing the level of Chochmah (“wisdom”) with Asiyah (“physical creation”). From G‑d’s perspective,Chochmah and Asiyah are equally distant.
ונקרא בהמה רבה, כמו שכתוב במקום אחר
And this is called Behemah Rabbah (“a great beast”), denoting that level of “beast” which transcends understanding rather than that which lacks comprehension, as is explained elsewhere.
והוא שם ב״ן, בגימטריא בהמ״ה, שלפני האצילות
And this is the level of the Supernal Name of “Ban” (one of the four variations of the Tetragrammaton, corresponding with the number 52), with the same numerical equivalent of the Hebrew word Behemah (“beast”), which is on a level even preceding Atzilut).
We thus see that even one who performs mitzvot on the level of a “fool” or “beast”, neither comprehending nor sensing the unity and holiness achieved and drawn down through his actions, — even such a person, too, attains a union with the level of “beast” that transcends even that most lofty of levels — Daat of Atzilut.
| FOOTNOTES | |
| 1. | Tehillim 73:22-23. |
| 2. | Concerning the statement that “this is also the meaning of what Asaf said, under Divine inspiration...,” the Rebbe remarks that the Alter Rebbe is not in the habit of naming the individual who authored a specific verse, nor is he in the habit of remarking that it was first uttered under Divine inspiration. An exception was made here, the Rebbe explains, because Asaf is addressing himself to the problem of “a wicked man who prospers” and “a righteous man who suffers.” Asaf is also speaking either about himself, or, at least, about those Jews who lived in his time, for in the same chapter he explicitly says “...until I came to the Holy Temple.” I.e., he is referring to a time when the Temple is standing. Now at that time corporeality did not conceal G‑dliness to the same degree as it does now. This being so, how do Asaf’s words apply to our times? The Alter Rebbe answers this by saying that in this verse Asaf was not talking about himself and his generation, but about the Jewish community in times of exile. Though he was no prophet (as Rashi states in Megillah 14a), he was nevertheless able to speak of the future, for he spoke under Divine inspiration. Daniel likewise foresaw and foretold many future episodes, even though (as Rashi mentions in his commentary to Daniel) he too was no prophet. In the next footnote the Rebbe will offer evidence that in the verse, “So foolish was I...,” Asaf speaks of the Jews in time of exile. |
| 3. | The Rebbe notes that with the words “This means,” the Alter Rebbe is saying, that unlike the previous verses which speak of Asaf’s own time, this verse refers to the Jewish community in exile. Proof that this is indeed so, lies in the fact that after saying, “And I am foolish and know not,” he goes on to say, “I was as a beast before You.” If Asaf is speaking of himself, his final words are superfluous. We must therefore say that he is speaking of the time of exile, when the veil of corporeality is so palpable that “even when I am with You” — even in the midst of performing a mitzvah,at which time a Jew is at one with G‑d — still “I am as a beast,” unable to feel this union with G‑d. This also explains why the Alter Rebbe quotes the beginning of the verse (“And I am foolish and know not”), when he mainly addresses himself to the latter part of the verse. He does so because the opening words prove that the phrase, “I was as a beast before You,” speaks of the Jewish people in times of exile. |
| 4. | Tehillim 139:12. |
| 5. | The Rebbe explains that with the Alter Rebbe’s statement — “Accordingly, one will be able to understand...” — a number of very problematic issues are resolved. Firstly: How is it possible that an illiterate person be subject to the same severe punishment as a tzaddik, for transgressing the prohibition of work on the Sabbath or that of leavened bread on Passover? The punishment results from the individual’s desecration of the sanctity which pervades the Sabbath and festivals. However, this sanctity does not rest upon the illiterate person. Why, then, should he be so severely punished? Even if we posit that the illiterate person, too, possesses some miniscule measure of the sanctity of the Sabbath and Festivals, we must still understand why the same measure of punishment “equally applies to all.” Reason dictates that the illiterate’s punishment should be much less severe than that of the tzaddik, inasmuch as he harbors but an echo of the sanctity enjoyed by the tzaddik. According to what the Alter Rebbe has just now explained, the matter becomes entirely understandable. For within the soul of the illiterate person there radiates the light of the sanctity of those holy days in the same measure as within the soul of a tzaddik. The only difference between the two is that the tzaddik feels this sanctity while the illiterate person does not. The Rebbe adds that this explanation also helps us understand why the Alter Rebbe cited evidence specifically from transgressing the prohibitions of the Sabbath and Festivals. These prohibitions, says the Rebbe, are not intrinsic to the acts themselves, for doing these selfsame things on any other day is not prohibited at all. Rather, these are prohibitions which apply to the individual: he is not permitted to perform such labor on the Sabbath. This being so, we must surely say that the light of Sabbath illumines the soul of an illiterate person just as it does that of a tzaddik. Were we not to say so, then the question of why the punishment is not for the inherent wrong of the act itself, but for the person's performance of this act on the Shabbath. If the illiterate person's soul is not illumined to the same degree as the tzaddik's, it is unthinkable that the punishment should be the same. |
| 6. | Parentheses are in the original text. |
| 7. | Tehillim 104:24. |
• Sefer Hamitzvos:Friday, Iyar 12, 5775 · May 1, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 119
Fruit of the Fourth Year
"All its fruit shall be holy for praise-giving to G‑d"—Leviticus 19:24.
We are commanded to sanctify the fruit produced by a tree in the fourth year [after its planting]. These fruit – like the Second Tithe – are brought to Jerusalem and eaten there by its owners. (The priests have no part of it.)
Fruit of the Fourth Year
Positive Commandment 119
Translated by Berel Bell
The 119th mitzvah is that we1 are commanded to treat as holy the fruit which grows in the fourth year [from when the tree was planted, called neta revai].
The source of this commandment is G‑d's statement,2 "[And in the fourth year,] all its fruit shall be holy, and it shall be something for which G‑d is praised."
The law is that it must be brought to Jerusalem and eaten there by its owners, just like ma'aser sheni. The kohanim have no share in it, as the Sifri says: "The statement3 'The sacred offerings of each individual remain his own property, [and those which are given to the kohen become his]' gives all sanctified objects to the kohen except for the thanksgiving-offering, the peace-offering, the Pesach-offering, the ma'aser-offering, ma'aser sheni, and neta revai, which belong to the owner."
The details of this mitzvah are completely explained in the final chapter of tractate Ma'aser Sheni.
FOOTNOTES
1.Regarding the fulfillment of this mitzvah outside Eretz Yisroel, see Kapach, 5731, note 73.
2.Lev. 19:24.
3.Num. 5:10.
Shabbos - Chapter Thirty
Halacha 1
There are four [dimensions] to the [observance of] the Sabbath: two originating in the Torah, and two originating in the words of our Sages, which are given exposition by the Prophets. [The two dimensions originating] in the Torah are the commandments "Remember [the Sabbath day]"1 and "Observe [the Sabbath day]."2
[The two dimensions] given exposition by the Prophets are honor and pleasure3, as [Isaiah 58:13] states: "And you shall call the Sabbath 'A delight, sanctified unto God and honored.'
Halacha 2
What is meant by honor? This refers to our Sages' statement that it is a mitzvah4 for a person to wash his face, his hands, and his feet5 in hot water on Friday in honor of the Sabbath. He should wrap himself in tzitzit and sit with proper respect, waiting to receive the Sabbath as one goes out to greet a king.
Halacha 3
Among the ways of honoring the Sabbath is wearing a clean garment.8 One's Sabbath garments should not resemble one's weekday clothes. A person who does not have a different garment for the Sabbath should allow his robe to hang low,9 so that his [Sabbath] clothing will not resemble the clothes he wears during the week.
Ezra ordained that the people launder their clothes on Thursday10 as an expression of honor for the Sabbath.
Halacha 4
Halacha 5
A person should prepare his table on Friday, even if he is [to partake] only [of an amount of food] equivalent to the size of an olive.15 Similarly, a person should prepare his table on Saturday night,16 even if he is [to partake] only [of an amount of food] equivalent to the size of an olive. [In this manner,] he shows his respect for the Sabbath when it enters and when it departs.
Halacha 6
Even a very important person who is unaccustomed to buying items at the marketplace or to doing housework is required to perform tasks to prepare by himself for the Sabbath. This is an expression of his own personal honor.21
The Sages of the former generations22 [would involve themselves in such activities]: There was one who would cook, one who would salt meat, one would braid wicks, and one who would kindle the lamps. Others would go out and purchase food and beverages for the Sabbath, even though this was not their ordinary practice. The more one involves oneself in such activities, the more praiseworthy it is.
Halacha 7
What is meant by [Sabbath] delight? This refers to our Sages' statement23 that a person must prepare a particularly sumptuous dish and a pleasantly flavored beverage for the Sabbath. All of this must be done within the context of a person's financial status.
The more one spends [both financially,] in expenses undertaken for the Sabbath and [in effort,] in the preparation of many good foods, the more praiseworthy it is.24 If, however, this is not within one's [financial] capacity, even if one merely stews food or the like in honor of the Sabbath, this is considered to be Sabbath delight.
Halacha 8
A person who is indulgent and wealthy and conducts all his days as Sabbaths must also partake of different foods on the Sabbath from those of which he partakes during the week. If [his fare] cannot be changed, he should [at least] change the time at which he eats [his meals]. [For example,] if he usually eats early, he should eat later.28 If he usually eats late, he should eat earlier.
Halacha 9
A person is obligated to eat three meals on the Sabbath:29 one in the evening, one in the morning, and one in the afternoon.30 One should be extremely careful regarding these three meals, not to eat any less. Even a poor man who derives his livelihood from charity should eat three meals [on the Sabbath].31
[Nevertheless,] a person who is sick from overeating, or one who fasts constantly is not obligated to partake of three meals.32
Halacha 10
Eating meat and drinking wine on the Sabbath is a form of pleasure for a person,37 provided this is within his [financial] capacity.38
On the Sabbaths and holidays, a significant meal at which wine will be served is forbidden to be scheduled for the time the house of study is in session.39Instead, the practice of the righteous of the former generations would be as follows: A person would recite the morning service and the additional service in the synagogue. Afterwards, he would return home and partake of the second [Sabbath] meal. He would then proceed to the house of study, to read [from the Written Law] and to study [the Oral Law] until the afternoon, at which time he would recite the afternoon service. He would then [partake of] the third [Sabbath] meal, a significant [sitting] at which wine is served, and continue eating and drinking until the Sabbath passed.
Halacha 11
It is forbidden for a person to travel more than three parsa'ot from the beginning of the day on Friday. [This restriction was adopted] so that one will arrive home early in the day and prepare one's Sabbath meals. [One may not rely on] the members of one's household to prepare for him, [for they] do not know that one will arrive on this day.
Needless to say, [this restriction applies] when one is visiting others, since [by arriving unexpectedly,] one will embarrass them, for they will not have made the preparations appropriate for hosting guests.40
Halacha 12
It is forbidden to fast,41 to cry out [to God], to offer supplication, or to entreat [His] mercy on the Sabbath.42 Even when [a community is beset] by a distressing circumstance that would ordinarily require the community to fast and sound the trumpets,43we do not fast or sound the trumpets on the Sabbath or holidays.
[There are, however, exceptions. They include] a city surrounded by gentiles or a [flooding] river, and a ship sinking at sea. We may sound the trumpets on the Sabbath to summon help for them, offer supplications on their behalf, and ask for mercy for them.44
Halacha 13
We do not lay siege to gentile cities less than three days before the Sabbath, so that the minds of the warriors will become settled and they will not be agitated and preoccupied on the Sabbath.45
For this reason, we may not set sail on a ship less than three days before the Sabbath, so that one's mind will be settled before the Sabbath and one will not suffer excessive discomfort.46 For the sake of a mitzvah, however, one may set out on a sea journey even on Friday. One should enter into an agreement that [the ship] interrupt [its journey] on the Sabbath. [If, however,] this agreement is not kept [it is not of consequence].47
Halacha 14
Sexual relations are considered a dimension of Sabbath pleasure.50 Therefore, Torah scholars who are healthy51 set aside Friday night as the night when they fulfill their conjugal duties.52
At the outset, it is permitted to engage in sexual relations with a virgin on the Sabbath. It is not [forbidden because] one is creating a wound,53 nor because of the pain the woman [feels].
Halacha 15
[The observance of] the Sabbath and [the prohibition against] worshiping false deities are each equivalent to [the observance] of all the mitzvot of the Torah.54And the Sabbath is the eternal sign between the Holy One, blessed be He, and us.55
For this reason, whoever transgresses the other mitzvot is considered to be one of the wicked of Israel, but a person who violates the Sabbath is considered as an idolater. Both of them are considered to be equivalent to gentiles in all regards.56 Therefore, our prophets praise [Sabbath observance], saying [Isaiah 56:2]: "Happy is the man who does the following, and the mortal who holds fast to it, who keeps the Sabbath, without desecrating it...."
It is explicitly stated in our prophetic tradition that whoever observes the Sabbath according to law and honors it and delights in it according to his ability will receive reward in this world in addition to the reward that is preserved for the world to come,57 as [Isaiah 58:14]58 states: "'You will then delight in God. I will cause you to ride on the high places of the earth, and I will nourish you with the heritage of Jacob your ancestor'; thus has the mouth of God spoken."
| FOOTNOTES | |
| 1. |
This involves the sanctification of the Sabbath, as explained in the previous chapter.
|
| 2. |
This involves the prohibition against labor on the Sabbath, as reflected in the first 24 chapters of this text.
In the Guide for the Perplexed (Vol. II, Chapter 31), the Rambam explains that the commandment to remember the Sabbath commemorates the Sabbath of creation and the holiness that the Sabbath brings into the world. The commandment to observe the Sabbath reflects the connection to the exodus from Egypt and thus emphasizes the dimension connected with the cessation of labor.
|
| 3. |
The explanation of these two dimensions is the subject of this final chapter of the Sabbath laws.
The Ramban (in his commentary on Leviticus 23:3) considers the honor of the Sabbath and the delight in it as required by the Torah itself. For the Torah (ibid.) describes the Sabbath as a "holy convocation," and the Sifra explains that that term implies that the day must "be sanctified, honored... and delighted in."
|
| 4. |
This is not an absolute obligation. One who fulfills it receives a reward, but one who does not is not punished (Shulchan Aruch HaRav 260:1; Mishnah Berurah 260:1).
|
| 5. |
The Rambam's statements are based on Shabbat 25b. Note the Tur (Orach Chayim 260), which mentions that a person should wash his entire body. The Rambam's decision is quoted by theShulchan Aruch (Orach Chayim 260:1), while the Tur's ruling is quoted by the Ramah.
|
| 6. |
Shabbat 119a describes Rabbi Chanina as following this practice.
|
| 7. |
Our text of Shabbat 119a reads "Sabbath, the queen," and indeed, this analogy is employed extremely frequently. From the Maggid Mishneh's commentary, it appears that the Rambam's version of that passage reads, "Sabbath, the king." According to the kabbalah, the feminine term is more appropriate, because the Sabbath is associated with the sefirah of Malchut, which reflects a feminine dimension.
|
| 8. |
See also the Sefer Chassidim (quoted in the Mishnah Berurah 262:6), which emphasizes that a person must also endeavor to keep his clothes clean. For example, he should not hold a child until he covers his clothes.
|
| 9. |
As is the fashion of the wealthy. (See Hilchot De'ot 5:9.)
|
| 10. |
But not on Friday, so that they will have time to engage in other Sabbath preparations (Magen Avraham 242:3).
|
| 11. |
Two reasons are given: a) to enter Sabbath with an appetite (Shulchan Aruch, Orach Chayim249:2), b) to allow oneself time for Sabbath preparations (Magen Avraham 249:4).
|
| 12. |
I.e., one should not arrange to hold a feast on Friday that one would not hold ordinarily during the week (Maggid Mishneh). This includes even feasts associated with a mitzvah (Shulchan Aruch, loc. cit.). One may, however, hold a feast associated with a mitzvah that should be performed on that day - e.g., a circumcision or the redemption of the first-born (Ramah, loc. cit.). These feasts should be held as early as possible, and by no means should begin later than 3:00 PM (or the equivalent time according to the principle of "seasonal hours"), as will be explained.
Although the Ra'avad differs with the Rambam regarding this prohibition, the explanation offered above is accepted by most authorities.
|
| 13. |
This refers to an ordinary meal that one might partake of during the week. Although one is not required to refrain from eating, one should preferably not plan to eat a meal at this time (Shulchan Aruch, loc. cit.).
|
| 14. |
I.e., the prohibition begins nine "seasonal" hours after daybreak. Thus, on a day that begins at 6:00 AM and concludes at 6:00 PM, the time would be 3:00 PM. This time would be later in the summer and earlier in the winter.
|
| 15. |
I.e., even if the quantity of food the person eats is not great, he should prepare his table as if he is to partake of a distinguished meal.
|
| 16. |
This refers to the melaveh malkah meal that should be eaten at a table set in the same manner as at all the other Sabbath meals (Mishnah Berurah 300:1).
|
| 17. |
Note the Nimukei Maharai, which emphasizes that כבוד ("honor") appears to refer to activities that are performed in preparation for the Sabbath, while ענג ("delight") to the appreciation of pleasure on the Sabbath itself. Note, however, the Ramah's gloss on the Shulchan Aruch (Orach Chayim262:1). There the Ramah emphasizes that one should keep one's table attractively set throughout the entire Sabbath, implying that although honoring the Sabbath begins with preparing for it on Friday, the mitzvah continues throughout the day.
|
| 18. |
See Chapter 5 for a detailed discussion of the mitzvah of lighting Sabbath lights.
|
| 19. |
In Talmudic times, people would recline on couches while eating, and this is the intent here. The word מטה also means "bed," and the Mishnah Berurah 262:2 writes that it is appropriate that the beds of the house be made before the commencement of the Sabbath.
|
| 20. |
Shabbat 119b relates that a person returning home from the synagogue is accompanied by two angels, one with positive tendencies and the other with negative tendencies. When they enter the home and see it prepared for the Sabbath, even the angel with negative tendencies is forced to give his blessing that this setting be repeated in the week to come.
|
| 21. |
I.e., rather than think that involving himself in such activities will be demeaning, he should appreciate that these deeds will enhance his honor. Even if it is possible to have others perform these tasks for one, it is preferable to carry out certain deeds oneself. For there is nothing more honorable than to give honor to the Sabbath. In this context, Rabbenu Chanan'el refers toKiddushin 41a, "It is more of a mitzvah [to perform a positive action] oneself, rather than [to charge] an agent [with its performance]."
|
| 22. |
The examples quoted by the Rambam are taken from the description (Shabbat 119a) of the manner in which certain of the leading Sages of Babylonia would prepare for the Sabbath.
|
| 23. |
As a source, the commentaries point to Shabbat 118b, which states: "How should one delight in the Sabbath? With a dish of beets, large fish, and garlic heads."
|
| 24. |
One should not worry about the expense, for Beitzah 16a teaches that a person's income is fixed at the beginning of the year, with the exception of the money that he spends to honor the Sabbath and the festivals. A person need not be concerned with the cost of "honoring the Sabbath," since he will be recompensed for the expense by an increase in his earnings
|
| 25. |
See the Shulchan Aruch (Orach Chayim 242:1), which states that one should earnestly endeavor to provide generously for the Sabbath and, if necessary, minimize one's expenditures during the week to do so.
|
| 26. |
Note Shulchan Aruch HaRav 242:3 and the Mishnah Berurah 242:3, which state that if possible - even if this entails pawning property - one should borrow to enhance one's Sabbath meals. One may rest assured that ultimately one will be able to repay these debts. Beitzah 15b states that God promises, "Take a loan on My account. I will repay."
According to this view, the directive "Make your Sabbaths as weekdays..." applies only when a person has no property to pawn and will not be given a loan on any other terms.
|
| 27. |
Pesachim 113a; Shabbat, loc. cit.
|
| 28. |
He should not, however, delay his meals for a lengthy period of time, so that he will not experience discomfort on the Sabbath (Magen Avraham 288:12).
|
| 29. |
In his Commentary on the Mishnah (Pe'ah 8:7), the Rambam cites Shabbat 117b, which states that this obligation stems from the fact that when describing the manna, Exodus 16:25 mentions the word היום, "today," three times. In the verse, "today" refers to the Sabbath, and its threefold repetition indicates that three meals should be eaten on that day.
|
| 30. |
The Maggid Mishneh explains that with these words, the Rambam is emphasizing that a person who does not eat his meals at these times does not fulfill the mitzvah of eating three Sabbath meals. Although the Halachot Gedolot maintains that the times when one partakes of these meals is not significant, the Shulchan Aruch (Orach Chayim 291:1) rules according to the concept explained by the Maggid Mishneh.
|
| 31. |
This directive is addressed, not only to the poor person himself, but to the administrators of the communal charity funds, as reflected in the Rambam's ruling, Hilchot Matnot Ani'im 7:8.
|
| 32. |
Since the obligation to eat stems from the command to delight in the Sabbath, it is not applicable to these individuals, who will suffer discomfort from eating further. Note, however, the wording of theShulchan Aruch (loc. cit.): "A person who cannot eat at all is not obligated to cause himself discomfort."
|
| 33. |
Our translation is based on the gloss of the Kessef Mishneh, which differs with the Tur (Orach Chayim 291) in the interpretation of the Rambam's words. The Tur maintains that the Rambam requires the recitation of kiddush before the third meal as well. Almost all the commentaries accept the Kessef Mishneh's view.
|
| 34. |
The rationale for this ruling is that the obligation to eat three meals is derived from a verse describing the manna, and the manna was described as "bread" (Exodus 16:15).
Although the Shulchan Aruch (loc. cit.:4) quotes the Rambam's ruling, the Ramah adds in his gloss that there are opinions that maintain that a single complete loaf is sufficient. The Shulchan Aruch continues (loc. cit.:5), mentioning other views that allow one to fulfill his obligation by eating foods other than bread. Although the Shulchan Aruch favors the Rambam's ruling, the later authorities agree that a person who is unable to eat a third meal of bread may fulfill his obligation by eating other foods (Shulchan Aruch HaRav 291:7).
|
| 35. |
This obligation stems from the fact that the manna did not descend on the Sabbath, and a double portion of manna descended on the previous day. To commemorate this lechem mishneh(Exodus 16:22), a double portion of bread is placed on the table on the Sabbath.
|
| 36. |
Most authorities interpret the Rambam's intent to be that one is obligated to break bread on two complete loaves on the holidays. [The rationale being that the manna did not descend on the holidays as well, and a double portion of manna descended on the previous day (Mechilta).] TheTur, by contrast, interprets the Rambam as requiring one to partake of three meals on the holidays as well.
|
| 37. |
Note Shulchan Aruch HaRav 242:2 and the Mishnah Berurah 242:1, which state that there is no obligation per se to partake of meat, fish, or wine on the Sabbath. The intent is to eat foods that give one pleasure. It has become customary to serve these foods because most people derive pleasure from them.
|
| 38. |
This reiterates the theme mentioned in Halachah 7, that one should not overextend oneself financially to provide for the Sabbath. The wording used by the Rambam here also allows us to appreciate the rationale for this ruling: Since the person will be putting himself under undue financial pressure, he will not derive pleasure from this indulgence.
|
| 39. |
This would prevent one from attending the house of study. (See Gittin 38b, which states that holding a meal at this time will lead to business misfortune.)
|
| 40. |
In the present age, when travel and communication have advanced considerably, we need not hold rigidly to this halachah. The principle that it teaches, however - that one should not drop in suddenly on one's family and surely, on others - is definitely a significant ethical point.
Note, however, Shulchan Aruch HaRav 249:4 and the Mishnah Berurah 249:3, which state that at present, since people usually prepare generously for the Sabbath meals, there is no difficulty in coming unexpectedly if this cannot be avoided.
Another related point is also worth keeping in mind. Although long distance travel has been greatly facilitated in the present age, one should always plan to arrive several hours before the Sabbath, lest one be held back by forces beyond one's control.
|
| 41. |
Note the Radbaz (Vol. IV, Responsum 1266), who quotes the Rashba as stating that this prohibition has its source in the Torah itself.
|
| 42. |
In one of the Rambam's responsa, he explains that although prayer and supplication are revered media of divine service, on the Sabbath our service of God is channeled through a higher medium: rest and spiritual pleasure. As such, prayer and supplication are not appropriate.
|
| 43. |
In Hilchot Ta'aniot 1:1, the Rambam writes that one of the Torah's commandments is to cry out to God and sound the trumpets at a time of communal distress. He continues in Halachah 4, stating that our Sages required the community to fast on such occasions. In addition to drought, the Rambam mentions several other situations in Hilchot Ta'aniot, Chapter 3, which are described as times of communal distress.
|
| 44. |
This is a restatement of a law mentioned previously in Chapter 2, Halachah 24. Chapter 2 involves questions concerning pikuach nefesh, the threat to life, and that is the reason why exceptions are made in these instances.
|
| 45. |
I.e., the siege must begin no later than Tuesday. (See Shulchan Aruch HaRav 248:1.) Note, however, the Mishnah Berurah 248:4, which cites other views that count the three days as beginning on Thursday. Thus, the siege may begin on Wednesday.
Although the army will still be in a state of war, and agitation will thus not have been eliminated entirely, since three days will have passed since the siege began, we can assume that much of the initial confusion and strain will have passed, and the situation will have settled into a routine.
As mentioned in Chapter 2, Halachah 25, we may wage war against gentiles on the Sabbath. Generally, the commentaries mention two reasons why a siege should not be initiated less than three days before the Sabbath: the reason stated by the Rambam, and also that the three days before the Sabbath are considered to be days of preparation. Hence, at this time, one is forbidden to put oneself in a situation where it will inevitably be necessary to violate the Sabbath laws because of pikuach nefesh, a threat to life. When, however, the siege is begun earlier, the situation will have already become part of the soldiers' functional reality before the preparations for the Sabbath have begun, and they will be permitted to violate the Sabbath laws, if necessary.
By mentioning this law in this context, the Rambam emphasizes that the issue with which he is concerned is ensuring, to the fullest extent possible, the soldiers' peace of mind.
|
| 46. |
There are many people who get sea-sick on the first days of a journey. After three days have passed, however, they are likely to have grown accustomed to conditions aboard ship.
According to the Rambam, this prohibition applies only to ocean vessels, and not to river-boat traffic. There are, however, different rationales for the requirement to leave three days before the Sabbath. Among them:
a) By traveling on a ship, one goes beyond the Sabbath limits. Although there is an opinion that the Sabbath limits do not apply when one is ten handbreadths above the ground - as a ship usually is above the ocean or river bed - there is, nevertheless, no definitive ruling about the matter. (See Chapter 27, Halachah 3; see Maharik, Responsum 45.)
b) One may be forced to perform forbidden labor on the ship or, at the very least, have a gentile perform forbidden labors on one's behalf. (See Rivash, Responsum 152.)
With regard to both these matters, these follow the alternate view mentioned above: that within three days of the Sabbath, since the Sabbath preparations have begun, one is not allowed to put oneself into a situation where one will inevitably break the Sabbath laws. If, however, one has put oneself into such a situation before the commencement of the Sabbath preparations, the status is different.
In two of his responsa, the Rambam explains that the question of whether or not the Sabbath limits apply above ten handbreadths is relevant on dry land, but does not apply to water travel at all. Hence, it does not present a difficulty in the case at hand. His view is accepted by the Shulchan Aruch (Orach Chayim 248:2). Although the Ramah mentions objections, the later authorities (Shulchan Aruch HaRav 248:3-4) follow the Rambam's view.
With regard to the performance of work, the Radbaz writes that, according to the Rambam, one may never put oneself into a situation in which one knows that one will inevitably be forced to perform forbidden labors on the Sabbath. (See Be'ur Halachah 248.) The Ramah (Orach Chayim248:2) and the subsequent Ashkenazic authorities definitely do not accept this position. Moreover. from the ruling of the Shulchan Aruch (loc. cit.:4), it appears that the Sephardic community also agrees with the other view.
|
| 47. |
See Chapter 24, Halachah 6 and notes, where this law was originally stated and explained. It is repeated here to emphasize that because there is a mitzvah, the discomfort that will be caused by the journey is overlooked.
|
| 48. |
Two cities in Lebanon that are not far removed from each other.
|
| 49. |
For such a short journey is not likely to disturb one's ordinary functioning.
|
| 50. |
This applies to all people, not merely Torah scholars.
|
| 51. |
And thus are not prevented from engaging in relations.
|
| 52. |
Ketubot 62b interprets Psalms 1:3, "who gives its fruit in its season," as referring to a person who engages in sexual relations on Friday night and not on other occasions. This is the practice of Torah scholars, who generally engage in relations only once a week (Hilchot Ishut 14:1).
|
| 53. |
For the hymenal blood is considered to be a distinct entity enclosed in the membrane, and thus this situation differs from others in which bleeding is caused (Rashi, Ketubot 7a).
Note the Magen Avraham 339:11, which mentions that witnesses should observe the yichud, the entry into a private chamber, of the bride and groom before the commencement of the Sabbath, so that all the contractual aspects of the marriage will have been completed at that time.
|
| 54. |
The Jerusalem Talmud (Nedarim 3:9) derives the equivalence between the Sabbath and the entire Torah from Nechemiah 9:13-14: "On Mount Sinai You descended.... And You gave them straight judgments... and good statutes and commandments. And You informed them of Your holy Sabbath." The Maggid Mishneh explains that the Sabbath's central importance stems from the fact that it is a sign of God's constant renewal of creation.
Kinat Eliyahu explains the equivalence between the Sabbath and all the other mitzvot as follows: The dynamic spiritual activity of the Sabbath, carried out against a backdrop of rest and material satisfaction, reflects the goal and purpose of the totality of our Torah observance. It is for this reason that our Sages called the Sabbath "a microcosm of the world to come."
|
| 55. |
The Rambam is borrowing the wording of Exodus 31:13,17.
|
| 56. |
This ruling represents more than a moral condemnation. Not only is such a person not acceptable as a witness and ineligible to take an oath in court, but all the restrictions applied with regard to gentiles - e.g., the prohibitions against gentile wine, gentile milk, and gentile bread - are applied to him. Similarly, he may not be counted in a minyan, nor be given any honor in the synagogue. (SeeKitzur Shulchan Aruch 72:2.)
Many halachic authorities of the recent era (see Iggerot Moshe, Orach Chayim I, Responsum 33, and other sources) explain that there is room for leniency with regard to certain of these restrictions at present. Nevertheless, the overall attitude must still be one of stringency.
It must, however, be emphasized that the offspring of such Jews have a full portion in their Jewish heritage. Instead of shunning them, we must make every effort to draw them close to their spiritual roots. (See Hilchot Mamrim 3:3.)
|
| 57. |
Which the Rambam considers to be the ultimate reward, as he writes in Hilchot Teshuvah, Chapter 8.
|
| 58. |
It is the observance of the Sabbath that is described in the preceding verse in Isaiah, "And you shall call the Sabbath 'a delight...,' which makes one worthy of the rewards mentioned in this verse.
|
Maaser Sheini - Chapter 8
Halacha 1
When a person [used money from the second tithe to] purchase a domesticated animal for a peace offering or a non-domesticated animal for ordinary meat from a person who is not a merchant and is not precise, the hide is considered as ordinary property.1This applies even if the value of the hide is greater than the value of the meat. When, by contrast, a person purchases an animal from a merchant, the hide is not considered as ordinary property.2
Halacha 2
Similar laws apply when a person purchases jugs of wine that are sealed.3In a place where it is customary for these jugs to be sold while sealed from a person who is not a merchant, the jugs are considered as ordinary property.4Therefore the seller must open the tops of the jugs so that they will not become ordinary property.5If the seller wishes to be stringent with himself and sell the wine in exact measure, the container is considered ordinary property.6
Halacha 3
If he purchased [the jugs of wine] while they were open7 or sealed in a place where it is customary to sell them open8 or he purchased them from a merchant who is precise in his sale,9 the jugs are not considered as ordinary property. If a person purchases baskets of figs and grapes together with their container,10 the container is not considered as ordinary property.11
Halacha 4
If a person purchases nuts, almonds, or the like, the shells are considered as ordinary property.12 If a person purchases a frond of dates,13 the frond is considered as ordinary property.14
[The following rules apply if] one purchases containers of dates. If they are pressed, the containers are considered as ordinary property.15 If not, they are not considered as ordinary property.
Halacha 5
When a person has wine16 from the second tithe and he lends17 his jugs for that [wine from] the second tithe, the second tithe does acquire the jugs, even though he seals them.
[The following laws apply if] he stored the wine in them without making any statement:18 If he designated [certain jugs] as the second tithe before he sealed their openings, the second tithe does not acquire the jugs.19 If he designated [the jugs] as the second tithe after he sealed their openings, the second tithe acquires the jugs.20 If [the owner] stored a revi'it21 of ordinary wine in the jug,22or put oil, vinegar, brine,23 or honey from the second tithe without making any statement - whether before or after he sealed [the jugs] - the second tithe does not acquire the jugs.24
Halacha 6
When a deer that was purchased with money from the second tithe dies, it should be buried with its hide.25 If it was purchased while alive and slaughtered and then it became impure, it should be redeemed like other produce that became impure.26
[The following laws apply when a person] sets aside a dinar of money of the second tithe to purchase food against until he has exhausted its value and it becomes ordinary funds27 [and then the value of the coinage changes. For example,] the rate of exchange for a dinar was 20 me'ah.28 The person consumed ten me'ah's worth of food and then the value of the latter coinage decreased. Afterwards, the rate of exchange of a dinar was 40 me'ah. The person must spend another 20 me'ah on food before [the dinar] is considered as ordinary money.29
If the value of a me'ah increased and the rate of exchange for a dinar was tenme'ah, he must spend another five me'ah on food. Afterwards, [the dinar] is considered ordinary money.30
Halacha 7
When a person purchases produce with a sela of money from the second tithe and draws the produce into his domain, but did not pay for it before the value of the produce increased and it became worth two selaim, he is required to pay only a sela for the [produce]. [This is derived from the phrase]:31 "And he paid the money and it was acquired by him." [Implied is that the produce] is acquired by paying money.32 The profit is realized by the second tithe.33
Halacha 8
If he drew the produce into his possession when it was worth two selaim, but did not pay for it until the value of the produce decreased and it was worth only a sela, he should pay only one sela for them from the money of the second tithe. He must add another sela from ordinary funds and give it to the seller.34 If the seller was a common person, it is permitted for him to give him a secondsela from money from the second tithe of demai.35
Halacha 9
If [the purchase] gave the seller two selaim of money from the second tithe, but did not draw the produce into his possession until its worth decreased to a sela, what he redeemed is redeemed,38 and the attribute of judgment must be exercised between them.39 [The rationale for these laws is that] the redemption40 of the second tithe is like drawing it into possession.41
Halacha 10
If a person possessed ordinary produce in Jerusalem and money from the second tithe outside of Jerusalem, he may say: "The holiness of that money is transferred to this produce," and partake of them there in a state of ritual purity. The money then becomes ordinary funds in its location.42
Halacha 11
If one had money from the second tithe in Jerusalem and produce outside of Jerusalem, he may say: "The holiness of this money is transferred to that produce." The money then becomes ordinary money and the produce must be brought to Jerusalem and eaten there.43 For it is not necessary that the money and the produce be in the same place when the holiness of one is transferred to the other.
Halacha 12
When a person possesses money from the second tithe in Jerusalem which he needs [for other purposes]44 and a colleague possesses ordinary produce that he desires to eat, he should tell his colleague: "The holiness of this money is transferred to your produce." Thus that produce is considered as purchased with the money of the second tithe. The colleague should then partake of them in a state of ritual purity. Thus he does not lose anything and [his] money becomes as ordinary funds.45
Halacha 13
When does the above apply? When his friend who owns the produce is achavair.46 For produce that is definitely of the second tithe may be given only to a chavair.47 Therefore if the produce was [the second tithe of] demai, he may make such a stipulation with a common person as well.48
It is permitted to transfer the holiness of produce from the second tithe to produce or money belonging to a common person. We are not concerned that perhaps they are from the second tithe.49
Halacha 14
[The following laws apply when a person] sets aside a dinar from the second tithe to [which to transfer the holiness of food that] he eats continuously. If he proceeded to do so to the extent that less than a p'rutah's worth [of its value] remained [consecrated],50 the coin is considered as ordinary money.51
When does the above apply? With regard to [the second tithe of] demai.52With regard to produce that is definitely of the second tithe, [the coin] is not considered as ordinary money until less than a p'rutah's worth [of its value] remained [consecrated] after a fifth was added to it, e.g., less than four fifths of a p'rutah's worth [of its value] remain.53
Halacha 15
[The following laws apply when people who are] ritually impure and others who are ritually pure were eating together in Jerusalem and those who were ritually pure desired to [use their money from] the second tithe for food. They should place a sela from the second tithe aside and say: "The holiness of this sela is transferred to everything which those who are ritually pure eat."54 The sela is then considered as ordinary property, for they eat and drank its value in a state of ritual purity. [This applies] provided the people who are impure do not touch the food55 and thus cause it to contract impurity.
| FOOTNOTES | |
| 1. |
I.e., the sacred quality of the second tithe no longer applies to it. It is as if the seller gave it to him as a present.
In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that when a seller is not meticulous in his business dealings and thinks that he sold only the meat and does not think about the hide, none of the money of the second tithe was use for the hide. Hence, the hide is considered as ordinary property.
|
| 2. |
For a merchant is careful about getting a full price for his merchandise and will make sure to include the value of the hide in the price. Since the person will be using the money from the second tithe for the purchase, that purchase will also encompass the hide. Hence the hide is considered as the servants and land mentioned in Chapter 7, Halachah 17, and one must eat an equivalent amount of food in Jerusalem. Although ordinarily, one may not purchase non-food items with money from the second tithe, in this instance, an exception is made, because the meat cannot be purchased without the hide. See Radbaz.
|
| 3. |
But not while they are open as the Rambam continues stating.
|
| 4. |
I.e., like the sale of the hides mentioned in the previous halachah, when an ordinary person buys or sells wine, he does not take the value of the jugs into consideration. For the container is considered as subservient to the wine it contains. Indeed, the flavor of the wine is somewhat dependent on its container. Accordingly, the two are considered as a single entity. (See Eruvin27b which derives this concept through Biblical exegesis.) Hence, the money of the second tithe is not used for the containers.
|
| 5. |
By opening the jugs, the seller indicates that he desires to consider the jugs independently [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 3:13)]. By opening a jug, the seller indicates that he wants the purchaser to pour it into his own containers.
|
| 6. |
Since he is selling the wine at an exact fee per measure, he is not including the price of the jug in the price of the wine (Kessef Mishneh).
|
| 7. |
As mentioned above, opening the container is an indication that the container should be considered as an independent entity.
|
| 8. |
Since it is customary in this place to sell the containers open, even if one sells them while sealed, he is considered to have followed the general practice of considering the container as a separate entity.
|
| 9. |
Following the same reasoning as in Halachah 1.
|
| 10. |
I.e., the basket.
|
| 11. |
For the fruit is sold independently of the baskets (Radbaz).
|
| 12. |
For they are obviously secondary to the fruit within them. Even a merchant is not concerned about them. Hence, one may benefit from them without worrying about purchasing their worth in food to be eaten in Jerusalem.
|
| 13. |
The dates together with the branches from which they are suspended.
|
| 14. |
Since the dates are crushed, the container is obviously subservient to them, for they could not be sold without it. Hence, it is not considered as a separate entity.
|
| 15. |
For the containers are considered as subservient to the dates.
|
| 16. |
As opposed to other liquids as indicated by the conclusion of the halachah.
|
| 17. |
We are speaking about a person using his own jugs. Nevertheless, the term "lends" is used because the person desires to retain possession of the jugs as ordinary property. He is merely "lending" them temporarily to be used for the second tithe. In his Commentary to the Mishnah (Ma'aser Sheni 3:12), the Rambam writes that the person must make an explicit statement of the above intent.
|
| 18. |
I.e., he stored wine from which the second tithe had not been separated in jugs and then desired to set aside several jugs as the second tithe. This reflects a reversal of the Rambam's understanding in his Commentary to the Mishnah (loc. cit.). The Radbaz explains, however, that the two rulings are not contradictory.
|
| 19. |
Thus after the wine is poured out from them, he may use the jugs as ordinary property, without any further measures.
|
| 20. |
For the wine and the container have an integral relationship as mentioned above. Indeed, our Sages compare it to separating wine in its jug to separating fruit in its peal. Thus if the value of the wine is transferred to money, the value of the jugs must also be included (Radbaz). Nevertheless, if one drinks the wine, the jug is no longer considered as consecrated to the second tithe and may be used for other purposes (Rambam LeAm).
|
| 21. |
A measure of 86 or 150 cc depending on which Rabbinic authority one follows.
|
| 22. |
By putting ordinary wine in the jug, he indicates that he does not desire that the jug be acquired by the second tithe.
|
| 23. |
I.e., brine that was purchased with money from the second tithe.
|
| 24. |
For in contrast to wine and its containers, the containers of these liquids are not necessary for the liquid itself and are always considered as separate from them.
|
| 25. |
Since the animal was never eaten, the hide is not considered as a separate entity. Thus since it and the animal are consecrated with the holiness of the second tithe, they must be buried. The deer may not be redeemed, because "we do not redeem consecrated entities in order to use their meat to feed dogs [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 3:11); Hilchot Issurei Mizbeiach 2:10]. Rabbi Akiva Eiger questions this ruling, citing sources which indicate that in similar circumstances, the hide can be considered a separate entity and should be redeemed.
|
| 26. |
See Chapter 2, Halachah 8; Chapter 7, Halachah 1. Needless to say, this same law applies when a person purchases meat and later that meat becomes impure (Radbaz, based on the above mishnah).
|
| 27. |
In other words, the person set aside money that was consecrated from the second tithe. Nevertheless, instead of using that money, used ordinary money with the intent that the holiness associated with the second tithe by transferred to the ordinary money as that money was spent to purchase food.
|
| 28. |
The Rambam is obviously speaking in hyperbole. The ordinary exchange rate of a dinar is sixme'ah (Hilchot Eruvin 1:12).
|
| 29. |
I.e., he must use half a dinar for food. Now, however, he value of that half a dinar in me'ah has doubled. The rationale is that the value of the coinage from the second tithe is calculated at the time and place it is transferred.
|
| 30. |
Again, he is using half a dinar, but now the value of that half a dinar in me'ah has been halved.
|
| 31. |
The Rambam's wording has attracted the attention of the commentaries who note that there is no Biblical verse which uses that exact wording. See Leviticus 27:19 which uses somewhat similar expressions.
|
| 32. |
The Rambam's wording has attracted the attention of the commentaries. Seemingly, the reason for the Rambam's ruling is that once the purchaser performed meshichah, he acquired the produce. Hence, when he pays for it, he pays the price at the time of its acquisition. This is not implied by the Rambam's wording. Indeed, as the Ra'avad emphasizes, the Rambam's wording implies the very opposite.
|
| 33. |
I.e.., he must eat the entire amount of produce according to the stringencies required of produce of the second tithe. One might think that the purchaser would profit from the rise of the value of the produce, i.e., he could eat half of it as the second tithe and use the other half as his private property. Hence, the Rambam clarifies that this is not so. The Radbaz explains the Rambam's wording, explaining that the transfer of the holiness does not take place until he pays the money, but that afterwards, the produce is acquired by the second tithe according to its price at the time of acquisition.
|
| 34. |
I.e., since he drew the produce into his possession when it was worth two selaim, he must pay that amount to the seller. Nevertheless, he may not pay that entire amount from the money of the second tithe, because now the produce is not worth that amount. Indeed, if the purchaser would give the seller the second sela from the money of the second tithe, the holiness of that money would not be transferred to the produce and the seller would be obligated to use it to purchase food which he would eat according to the stringencies of the second tithe.
|
| 35. |
In his Commentary to the Mishnah (Ma'aser Sheni 4:6), the Rambam explains the rationale for this ruling. Since we are speaking about demai, there is only a question if there is a prohibition involved. Accordingly, since a common person is more lax in his observance and will violate even more severe prohibitions, we assume that he is not precise in his observance of demai. Hence, it can be given to him. The commentaries question that explanation, for even though he is not careful in his observance, we should not be responsible for him possibly performing a transgression. See Halachah 13 where this concept is also mentioned.
|
| 36. |
I.e., the entire amount of produce is considered as produce of the second tithe, because as soon as the money from the second tithe is paid, its holiness is transferred to the produce.
|
| 37. |
I.e., were it ordinary produce, the law would be that the seller should keep his word and complete the transaction. Nevertheless, since according to Rabbinic Law, a transaction is not completed with the payment of money, but rather when the purchaser draws the object into his possession, the purchaser does have the option of retracting. If he does so, however, he must be given the adjuration mi shepara (Hilchot Mechirah 7:1). Should the seller choose that option and retract entirely, he must treat the produce in his possession as produce of the second tithe. If he still wants to carry out the sale at one sela, he must give the purchaser back a sela. The purchaser must consider all the produce as the second tithe, but the sela he was given is ordinary money.
|
| 38. |
I.e., the entire amount of produce is considered as produce of the second tithe, because as soon as the money
|
| 39. |
I.e., the holiness of the second tithe is transferred to the produce. Nevertheless, from the financial point of view, the purchaser has the option of accepting the adjuration mi shepara and retracting from the transaction. If he takes that option, the seller must return the two selaim to him and from that time on, he may treat them as ordinary money. And the seller must treat the produce as produce of the second tithe.
|
| 40. |
The exchange of money for produce or vice versa.
|
| 41. |
I.e., just as a business transaction is completed when the purchaser draws it into his possession, the transfer of the holiness of the second tithe is completed upon the payment of money.
|
| 42. |
As the Rambam states at the conclusion of the following halachah, the money and the produce to not have to be in the same place when the holiness of one is transferred to the other.
|
| 43. |
In his Commentary to the Mishnah (Ma'aser Sheni 2:4), the Rambam mentions another general principle that can be derived from this law: the holiness of money in the second tithe can be transferred even when the money is in Jerusalem. As mentioned above, the holiness of produce from the second tithe may not be transferred when that produce is in Jerusalem.
|
| 44. |
I.e., for purposes other than food, drink, or smearing.
|
| 45. |
Which he may use at will, in Jerusalem or outside that holy city.
|
| 46. |
A person who is precise in the observance of the laws of the agricultural laws and the laws of ritual purity. See Hilchot Ma'aser, ch. 10.
|
| 47. |
For this produce must be eaten in a state of ritual purity and a common person is not precise in his observance of those laws. See Chapter 3, Halachot 8-9.
|
| 48. |
As mentioned in the notes to Halachah 8, since the obligation above is only Rabbinic in origin, we allow it to be given to a common person even if he might be lax in its observance.
|
| 49. |
Since the common person is not careful in his observance of the second tithe, one might think that he already separated it from his produce, but is considering it as ordinary produce regardless. Were that the case, one could not transfer the holiness of other produce from the second tithe to it [the Rambam's Commentary to the Mishnah (T'vul Yom 4:5)].
The Ra'avad cites the Tosefta (Ma'aser Sheni 4:9) which places certain limitations on making such a transfer. The Radbaz explains that it is possible that these limitations were not accepted as halachah.
|
| 50. |
I.e., he continued using that coin to redeem produce from the second tithe until all but less than ap'rutah's worth of the coins value had been used to redeem produce.
|
| 51. |
And may be used for purposes other than the purchase of food and drink. The rationale is that anything less than a p'rutah's worth of value is not financially significant [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:8)].
|
| 52. |
Since the obligation is only of Rabbinic origin, we are more lenient.
|
| 53. |
In that way, when the fifth (one fifth of the new total) is added, the worth of the entire amount will be less than a p'rutah (ibid.).
|
| 54. |
The Ra'avad [based on the Jerusalem Talmud (Ma'aser Sheni 2:10)] states that we are speaking about a situation where the person says: "When the person eats or drinks what he eats or drinks will be retroactively considered as the second tithe from the present time." It is necessary to make this qualification, because otherwise, at the time he eats or drinks, he will be partaking of ordinary food and the consecration would not take effect until the object no longer exists.
The Ra'avad also states that this ruling depends on the principle of bereirah, that retroactively the status of an object can be changed. The Radbaz and the Kessef Mishneh note that there is somewhat of a difficulty in ascribing such a position to the Rambam, for the Rambam maintains that in questions of Scriptural Law, the principle of bereirah does not apply. The Radbaz explains that since there is no prohibition involved, merely the question of when the transfer of holiness takes effect, all authorities agree that the principle of bereirah applies.
|
| 55. |
In certain instances, they may, however, touch the container in which the food is stored. SeeMa'aser Sheni 2:10 and the Rambam's commentary for more details.
The commentaries suggest that the restrictions mentioned in Hilchot Ma'achalot Assurot 9:21 should also be observed.
|
Maaser Sheini - Chapter 9
Halacha 1
The produce of the fourth year (neta reva'i)1 is holy, as [Leviticus 19:24] states: "And in its fourth year, all of its produce shall be holy, consecrated unto God." The law applying to it is that it must be eaten in Jerusalem by its owners2in the same way as the second tithe.3 Just as the laws of the second tithe do not apply in Syria,4 so too, the laws of neta reva'i do not apply in Syria.5
With regard to neta reva'i, [Numbers 5:10] states: "A person's consecrated property shall be his."6 For there is no other consecrated property about which the Torah does not inform to whom it should be given with the exception of neta reva'i.7
Halacha 2
A person who desires to redeem neta reva'i should redeem it in the same manner as which he redeems the produce of the second tithe.8 If he redeems it for his own self, he must add a fifth [to its value].9 It may not be redeemed until it reaches the "phase of tithing,"10 as [implied by Leviticus 19:25]: "To increase its produce for you," [i.e., these laws do not apply] until [the crops] have become produce.11
[Neta reva'i] may not be redeemed while it is attached [to the ground],12 as is the law with regard to the second tithe. And it is the property of the Most High, as is the second tithe.13 Therefore, it cannot be acquired when given as a present14 unless it was given when it was not yet ripe.15
With regard to other matters, e.g., eating, drinking, and redemption, the laws that apply to it are those applying to the second tithe.
Halacha 3
Halacha 4
The laws of shichachah, pe'ah, peret,, and ollelot do not apply to a vineyard that is in its fourth year.18 Nor should terumah and the tithes be separated from it, as they are not separated from the second tithe.19 Instead, it should be brought to Jerusalem in its entirety or redeemed and the money taken to Jerusalem [and used for food there] like the second tithe.
Halacha 5
Our Sages ordained that grapes from a vineyard in its fourth year from a radius of a one-day journey from Jerusalem should be brought there to embellish the marketplaces of Jerusalem with fruit.20 After the Temple was destroyed, it may be redeemed even directly outside the city's wall.21 Other types of produce22may be redeemed even directly outside the city's wall even during the time the Temple was standing.
Halacha 6
How is neta reva'i redeemed? One should evaluate [the size of] a basket [of fruit] through the agency of three men who estimate how much produce would a person [want] for a sela that he would pay for this fruit when it is considered that [in addition] he would have to pay the cost of watchmen, donkey-drivers,23and workers. After the rate is established, he should place down the money and say: "The holiness of all [the produce] gathered from this [orchard] is transferred to this money," estimating how many baskets worth a sela [the field] contains.
Halacha 7
When a person had [an orchard that was in] its fourth year of growth in the Sabbatical year when everyone is allowed equal access to it, he must mark it with mounds of earth so that [those who take the produce] will recognize [its sacred quality] and not partake of it until they redeem it.28 If [the produce is] within the [three] orlah years,29it should be marked with baked clay30 so that [people] will shun it. [We use clay instead of mounds of earth], lest the latter crumble.31 [The rationale is that] the prohibition of orlah is more severe, because benefit from it is forbidden.32
Those who are meticulous in their observance of the Torah's prohibitions33would set aside money in the Sabbatical year and say: "The holiness of everything harvested from these fruits of the fourth year is transferred to this money."34 [The redemption must be carried out in this fashion,]35 because it is forbidden to redeem [the produce] while it is attached to the ground, as explained.36
Halacha 8
The first of Tishrei37 is the beginning of the year with regard to the reckoning oforlah and neta reva'i.
When do we begin counting the year with regard to these prohibitions? From the time the trees are planted. [A year does not have to be] from Rosh HaShanah to Rosh HaShanah. Instead, 30 days within a year are considered a year.38 [This applies] provided the planting takes root before these thirty days [begin]. How long does it take? Generally, the time for all trees to take root is two weeks.
Halacha 9
Thus when a person plants a tree 44 days before Rosh HaShanah, it is considered as if the tree had been planted for an entire year.39 Nevertheless, due to the prohibition of orlah, in the fourth year, the fruit from this planting is not permitted until the fifteenth of Shvat, which is "the New Year of the Trees."40
Halacha 10
What is implied? When a person plants a fruit tree on the fifteenth of Av41of the tenth year in the Jubilee cycle, it is considered as being orlah until the fifteenth of Shvat of the thirteenth year of the Jubilee cycle. Whatever fruit produced42 by the tree during this time is orlah, even though it did not ripen until several days43 after [that date]. From the fifteenth of Shvat from the thirteenth year of the Jubilee cycle until the fifteenth of Shvat of the fourteenth year, the produce is neta reva'i. Whatever fruit produced during this time is neta reva'i and must be redeemed.44 If the year is declared a leap year, [the produce grown in] the extra month is considered as orlah or neta reva'i.45
Halacha 11
Halacha 12
If one planted the tree between the first of Tishrei and the fifteenth of Shvat, he should count three years from day to day for orlah and [four years] from day to day for neta reva'i.48 I have seen Geonim who have a different approach49regarding the reckoning of orlah and neta reva'i. It is not appropriate to elaborate in rebuttal of them. Theirs is a scholarly error and we have already outlined the true path.
Halacha 13
Leaves, blossoms, sap, and fruit buds,50 are permitted in [the years of] orlahand neta reva'i.51 Grapes that were devastated by the west wind and ruined, grape seeds, grape peels, water mixed with grape dregs, the peels of pomegranates, their flowers, the shells of nuts, and seeds within a fruit are forbidden with regard to orlah52 and permitted with regard to neta reva'i.53Fruit that withers and falls from the tree are forbidden in all instances.54
| FOOTNOTES | |
| 1. |
I.e., the fourth year of a tree's growth. This has nothing to do with the seven year agricultural cycle. This mitzvah applies to all trees, not only vines. See Berachot 35a and commentaries.
|
| 2. |
Sefer HaMitzvot (positive commandment 119) and Sefer HaChinuch (mitzvah 247) include this commandment among the 613 mitzvot of the Torah.
|
| 3. |
Because of this connection, the Rambam includes the laws pertaining to this mitzvah in this section of the Mishneh Torah. There is, however, a difference between neta reva'i and the second tithe. The second tithe must be separated by man and then it is deemed holy. Neta reva'i, by contrast, is inherently holy. There is no need for any activity on man's part.
|
| 4. |
See Chapter 2, Halachah 1. See Hilchot Ma'achalot Assurot 10:15.
|
| 5. |
Needless to say according to the Rambam, these laws do not apply in the Diaspora. TheShulchan Aruch (Yoreh De'ah 294:7) mentions the Rambam's ruling only as a minority opinion. That text rules according to Rabbenu Yonah who maintains that the mitzvah applies in the Diaspora as well as in Eretz Yisrael. The Rama adds a third view: that neta reva'i must be observed with regard to grapes, but not with regard to any other type of produce.
|
| 6. |
I.e., he may keep it as his own without giving it to anyone.
|
| 7. |
I.e., in general, the Torah instructs to have consecrated articles offered on the altar or given to a priest. The Rambam is speaking here in broad terms, for in particular - as he mentions in his statements concerning neta reva'i in Sefer HaMitzvot, loc. cit.,, quotinh the Sifri, there are other consecrated articles, e.g., the second tithe, the tithe of domesticated animals, and the peace, thanksgiving, and Paschal sacrifices, which remain the private property of the owner.
|
| 8. |
See Chapter 5 above. See also Hilchot Ma'achalot Assurot 10:17 for more particulars concerning this redemption.
|
| 9. |
I.e., in general, the Torah instructs to have consecrated articles offered on the altar or given to a priest. The Rambam is speaking here in broad terms, for in particular - as he mentions in his statements concerning neta reva'i in Sefer HaMitzvot, loc. cit.,, quotinh the Sifri, there are other consecrated articles, e.g., the second tithe, the tithe of domesticated animals, and the peace, thanksgiving, and Paschal sacrifices, which remain the private property of the owner.
|
| 10. |
I.e., when the produce reaches at least a third of its growth. See Hilchot Ma'aser 2:3-5.
|
| 11. |
I.e., developed to a state where the produce itself has begun to form.
|
| 12. |
The Kessef Mishneh quotes a responsa of the Ramban who states that theoretically, there are theoretical grounds to say that neta reva'i can be redeemed even while it is attached to the ground. Certainly, in the present age,, when the produce need not be redeemed for its full worth, it can be redeemed while attached.
|
| 13. |
See Chapter 3, Halachah 17.
|
| 14. |
The Kessef Mishneh quotes a responsa of the Ramban who states that theoretically, there are theoretical grounds to say that neta reva'i can be redeemed even while it is attached to the ground. Certainly, in the present age,, when the produce need not be redeemed for its full worth, it can be redeemed while attached.
|
| 15. |
The Rambam's ruling is somewhat difficult to accept, because unripened fruit has still reached one third of its growth. The Tzafnat Paneach (gloss to Hilchot Arachin 6:19) explains that with regard to unripened fruit, the prohibition against using it for mundane purposes takes effect immediately, but it is not endowed with its holiness until it is ready to be eaten.
|
| 16. |
For wine and oil are considered as ordinary uses of grapes and olives. Indeed, when the Torah refers to the obligation to tithe these fruits, it refers to them as wine and oil {the Rambam's Commentary to the Mishnah (Terumah 11:3)}.
|
| 17. |
For this is not the ordinary manner in which they are used. See Hilchot Terumah 11:2.
|
| 18. |
These are different types of presents given to the poor from one's fields, as described in Hilchot Matanot Aniyim. These requirements do not apply in a vineyard of the fourth year, because that produce does not belong to one individually, but instead, is "the property of the Most High" [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:3)].
|
| 19. |
I.e., if one separated the second tithe before separating terumah and the first tithe, it is not necessary to separate terumah and the first tithe from the produce separated as the second tithe.
|
| 20. |
The Jerusalem Talmud explains that in the time of the Temple, the people would prepare wine in a state of ritual purity. Hence, there were few grapes offered for sale in the marketplaces of the holy city. To offset that difficulty, our Sages ordained this practice.
The Rambam LeAm raises a question: It is forbidden to sell produce of the second tithe (Chapter 3, Halachah 17). Seemingly, this restriction should also apply to neta reva'i. How then should people bring their grapes to Jerusalem and sell them to merchants there who will resell them to people at large? That text explains that first the fruit should be redeemed and then sold after it was redeemed. Alternatively, there are authorities who explain that since each person will eat his grapes from the fourth year, there will be a surplus of fruit in the holy city.
|
| 21. |
But not within the city itself. In his Commentary to the Mishnah (loc. cit.:2), the Rambam explains that the leniency was granted because, since the city is in the hands of the gentiles, there is no point in having its marketplaces embellished.
|
| 22. |
Since other types of fruits were not used for wine, there was not a scarcity of them in Jerusalem's marketplaces.
|
| 23. |
To transport the produce.
|
| 24. |
The seventh year of the agricultural cycle in Eretz Yisrael. As obvious from the laws that follow, the reckoning of the years for neta reva'i continues despite that cycle.
|
| 25. |
For it is forbidden to work the land or guard one's field that year [the Rambam's Commentary to the Mishnah (loc. cit.:5)].
|
| 26. |
This applies in other years, not the Sabbatical year.
|
| 27. |
Like the Sabbatical year, he need not pay for guards, he may, however, have to pay for workers to harvest the produce. This does not apply in the Sabbatical year. Then each person gathers for himself (ibid.).
|
| 28. |
I.e., anyone is allowed to take the produce which grows in the Sabbatical year. Hence, we are afraid that an outsider will unwittingly come and take it and partake of it without redeem it. In his Commentary to the Mishnah (Ma'aser Sheni 5:1; based on Bava Kama 69a), the Rambam explains that it is necessary to make such provisions in the Sabbatical year alone. In an ordinary year, one need not do so, because it is forbidden to take produce from another person's field. Why should he? He knows the status of his own fruit and he need not make any provisions so that a thief will not transgress the prohibition against partaking of this produce.
|
| 29. |
I.e., the first three years if its growth when it is forbidden to partake of it entirely.
|
| 30. |
Our translation is taken from the Rambam's Commentary to the Mishnah (loc. cit.).
|
| 31. |
And the sign not be noticed.
|
| 32. |
See Chapter 10, Halachah 2, Hilchot Ma'achalot Assurot 10:10. There is no prohibition against benefiting from fruits of the fourth year, by contrast.
|
| 33. |
Our translation is taken from the Rambam's Commentary to the Mishnah (loc. cit.).
|
| 34. |
This will remove any possibility of a person transgressing, for as the produce is harvested, its holiness will be transferred to the money.
|
| 35. |
I.e., there is a problem with redeeming the produce in this manner, because redeeming the produce in this manner, resembles the concept of bereirah, i.e., the money is set aside at the outset and the consecration takes effect only retroactively. According to the Rambam, bereirah is not effective in questions involving Scriptural Law. In truth, however, in this instance, we are not relying on bereirah, because the money is set aside and the redemption does not take place until the produce is harvested (Radbaz).
In addition, there is a further problem. When the reaper takes the produce, it is no longer in the owner's possession, and hence, one might think that it is not in his power to redeem it (see the Responsa of the Ramban, quoted by the Kessef Mishneh). For these reasons, it is not fully desirable to redeem the produce in this manner, but there is no real alternative as the Rambam continues to explain.
|
| 36. |
See Halachah 2.
|
| 37. |
I.e., Rosh HaShanah. See the following halachah with regard to the consideration given to the 15th of Shvat (Tu BeShvat) which is "the New Year of the Trees."
|
| 38. |
I.e., we count neither from the "birthday" of each tree, nor from Rosh HaShanah. Rather the first year is considered as from the time the tree is planted and then each year, we begin count the coming years from Rosh HaShanah.
The concept that 30 days can be considered as a year is relevant in other halachic contexts. SeeHilchot Ishut 2:4; Hilchot Ma'aseh HaKorbanot 1:14.
|
| 39. |
Note the parallel in Hilchot Shemitah 3:11.
|
| 40. |
Similarly, in the fifth year, until Tu BeShvat, the produce is considered as neta reva'i.
|
| 41. |
Thus there are 44 complete days before Rosh HaShanah. The same laws apply to any tree planted between Tu BeShvat and that date.
|
| 42. |
I.e., it reached the "phase of tithing," one third of its growth. See Chapter 1, Halachah 2; Hilchot Shemitah 4:9. See also Shulchan Aruch (Yoreh De'ah 294:4).
|
| 43. |
Or weeks.
|
| 44. |
Or taken to Jerusalem.
|
| 45. |
Since the Torah speaks in terms of years and does not mention twelve months, all of the produce that grows during the year is included in the prohibition (Radbaz).
|
| 46. |
This holds true for any tree planted between the 16th of Av and Rosh HaShanah.
|
| 47. |
I.e., the reckoning is made from Rosh HaShanah, not from the fifteenth of Shvat. Although there are Rishonim who maintain that in this instance as well, we should reckon from the fifteenth of Shvat, the Ra'avad cites proof from the Jerusalem Talmud (Rosh HaShanah 1:2) to support the Rambam's view.
|
| 48. |
Despite the Ra'avad's interpretation that the years should be counted from Tu BeShvat, Rav Yosef Corcus and the Kessef Mishneh interpret the Rambam's words simply: We count three years from the day was planted (or perhaps two weeks later, to allow for rooting). Thus if a tree was planted on the 28th of Tishrei, three years later on the 28th of Tishrei, its fruit is permitted asneta reva'i.
|
| 49. |
The Kessef Mishneh interprets this as referring to the approach of the Halachot Gedolot (as quoted by Tosafot, Rosh HaShanah 10a), Rabbenu Shimshon (Ma'aser Sheni 5:1), and Rabbenu Asher (at the conclusion of his Hilchot Orlah).
|
| 50. |
Our definition of all these terms is based on the Rambam's Commentary to the Mishnah (Orlah1:7).
|
| 51. |
For the prohibition is against partaking of fruit and these are not fruit (ibid.).
|
| 52. |
Because it is forbidden to derive any benefit whatsoever from orlah (ibid.:8).
|
| 53. |
For the prohibition against neta reva'i involves only eating and these are not considered as food.
|
| 54. |
With regard to both prohibitions.
|
Maaser Sheini - Chapter 10
Halacha 1
[The restrictions of] neta reva'i applies to all [plants to which] the prohibition oforlah applies.1 And all [plants] that are exempt from orlah are not obligated forneta reva'i, as [Leviticus 19:23-24] states: "For three years [your plants] will beorlah.... In the fourth year..."2
Halacha 2
When a person plants a fruit tree with the intent that it serve as a hedge for a garden or he planted it to use it as lumber and not for its fruit, it is exempt from the prohibition of orlah.3 If he planted it to serve as a hedge and then change his mind and thought to use its fruit or he planted it for the sake of its fruit and then thought to use it as a hedge, since an intent that obligates it was involved, he is liable.4 If he planted it for three years as a hedge and afterwards, intended to use it for food, the laws of neta reva'i do not apply,5 because whenever the laws of orlah do not apply, the laws of neta reva'i do not apply.
Halacha 3
When one planted a tree with the intent that inner side will produce food and the outer side will serve as a hedge or the lower portion will produce food and the upper portion will serve as a hedge,6 the portion that was intended for food is liable in the prohibitions of orlah and the portion intended as a hedge or for lumber is exempt. For the matter is dependent on the intent of the one who plants it.
The prohibition of orlah applies to only the caper berries of the caper tree, but its leaves are permitted.7
Halacha 4
When a person plants trees for the sake of people at large8 in his own field, the prohibition of orlah applies. For the term "And you shall plant..."9[used in the prooftext cited above] implies even for the sake of people at large.
When does the above apply? In Eretz Yisrael. In the Diaspora, by contrast, [such trees] are exempt.10
Halacha 5
Halacha 6
[Trees] that grow on their own accord in rocky terrain18 are exempt.19 Even one who plants trees in an unsettled place is exempt, provided the tree does not produce enough fruit so that it would be worthwhile for a person to care for its produce until he brings it to a settled land.20 If, however, the tree produces enough that it is worthwhile to maintain it, the prohibition of orlah applies to it.
Halacha 7
When a person plants a tree for the sake of a mitzvah, e.g., he plants an esrog21 tree [to fulfill] the mitzvah of lulav [and esrog] or an olive tree [to produce oil] for the Menorah,22 the prohibition of orlah applies.23 If he consecrated [a tree] and then planted it, it is exempt.24 If he planted it and then consecrated it, the prohibition of orlah applies.25
Halacha 8
Halacha 9
When a tree is planted in a house, the prohibition of orlah applies. Trees planted by gentiles before our ancestors entered the [Holy] Land28 were exempt.29 After our ancestors entered the land, the prohibition applies even to [trees] planted by gentiles,30 as Leviticus 19:23] states: "When you enter the land and you plant...." [The prohibition begins from] the time of the entry into the land.
Halacha 10
Halacha 11
[With regard to] the prohibition of orlah, [planting a tree refers to] planting a seed,34 a bough from a tree, or uprooting the entire tree from one place and planting it in another.35 We begin counting [the three years] from the time of the planting.36
[The following laws apply if] a tree was shaken from its place, but not uprooted and then one filled the surrounding area with earth.37 If it could live without the surroundings having been filled with earth,38 is exempt. If not, it is considered as if it was uprooted and replanted and the prohibition does apply.
Halacha 12
Similarly, when a tree was uprooted and there remained a root, even one as thin as a needle over which embroiderers wind thread,39 if one returned it to its original place and replanted it, it is exempt [from the prohibitions of orlah], because it could live.40
[The following rules apply if] the tree was uprooted entirely together with the clod of earth41 to which its roots were attached and he replanted it as it is, together with that earth. If it could live from that clod of earth even if it was not replanted, it is as if it was not uprooted. If not, [the laws of orlah] apply.
Halacha 13
Halacha 14
Whether one plants a tree, one extends one,44 or grafts it, [the laws of orlah] apply. When does the above apply? When one cut off a bough from the tree and planted it in the earth or grafted it to another plant. If, however, one extended a branch of an elder plant and then implanted it in the earth or grafted it onto another tree,45 [leaving] the bough connected to the elder tree, [the new growth] is exempt [from the prohibition of orlah].
Halacha 15
If the new growth which was originally extended grew and produced fruit and, afterwards, the source from which it was connected to the elder tree was separated, we count [the years of orlah] from the time that it was separated.46The fruit [that was growing on the tree before it was separated] is, however, permitted, because it grew while permitted. If he left [the fruit on the new tree] after the connection to the original tree was severed until their growth increased by a two-hundredth,47 the fruit is forbidden.48
Halacha 16
When a young tree49 was grafted on to an elder tree and there were fruit on the younger tree, the fruit on the younger tree50 are forbidden even if the fruit increases 200 times its size.51 For the basic fruit that comes from a forbidden entity52 cannot be elevated by the new permitted substances that grow.
Halacha 17
[The following rule applies when] a branch was extended from a tree and implanted in the earth and afterwards, the tree itself was entirely uprooted and it derives its nurture only from the branch implanted in the earth. The tree is considered as if it was planted at this time and the prohibition of orlah applies to it.53 [The three years] are counted for the tree and for whatever grew from the implanted branch from the time it was uprooted.54
Halacha 18
When a person extended a branch and implanted it in the earth and it grew, he then extended and implanted a branch from the new growth and it grew, and then he extended and implanted a branch from the third growth - and continued doing so even for 100 implants each connected with each other - since the connection with the primary plant has not been severed, all [of the fruit]55 is permitted.56 If [the connection to] the original plant is severed,57 [the orlahyears] are counted from the time of the severance.
Halacha 19
A tree which grows from a stump is exempt from the prohibitions of orlah.58 [If it grows] from the roots,59 the prohibition of orlah applies.60
The prohibition of orlah applies to a dwarf vine which is less than a handbreadth high throughout its entire life,61 because it looks like a tree that is one year old. When does the above apply? To one tree or to [a group of five, planted in a pattern where] two are planted opposite another pair and a fifth is planted behind them.62 If, however, an entire vineyard is less than a handbreadth high, it would be a matter of common knowledge and its age is calculated in the same way as other trees.
Halacha 20
We may plant a branch from a tree that is orlah,63 but we may not plant a nut that is orlah, because it is produce and it is forbidden to benefit from it, as we explained in Hilchot Ma'achalot Assurot.64 If one transgressed and planted a nut that is orlah, [the tree] that grows from it is permitted like other trees.65
Halacha 21
Similarly, one may not graft underdeveloped clusters of dates,66 because they are considered as food. If one transgressed and grafted them, the fruits are permitted. [The rationale is that] whenever an entity has two causes, one forbidden67and one which is permitted,68 since it comes as a result of both of them, it is permitted. Therefore [a plant] that grows from fruit that is orlah is permitted, because its growth was caused by the forbidden fruit and the earth which is permitted.
| FOOTNOTES | |
| 1. |
This is speaking about plants within Eretz Yisrael. As mentioned above, according to the Rambam, the laws of neta reva'i do not apply in the Diaspora (Kessef Mishneh).
|
| 2. |
Since the Torah mentions them in direct sequence with each other, we assume that it is referring to the same type of trees in both instances.
|
| 3. |
In his Commentary to the Mishnah (Orlah 1:1), the Rambam explains that this concept is alluded to by Leviticus 19:23. When that verse states the prohibition against orlah, it says: "When you plant a tree of which you eat...," i.e., for the prohibition to apply, one must have the intent of partaking of the tree's fruit.
The Shulchan Aruch (Yoreh De'ah 294:23) states that it must be evident that the owner did not desire to grow the trees for their fruit, e.g., he planted them to close together to grow fruit properly.
|
| 4. |
The three years of orlah are counted from the time the tree is planted regardless of when he thought of using it for food (Radbaz).
|
| 5. |
Similarly, the prohibition of orlah does not apply, because he did not have the intent of growing it for its fruit until the three years in which the prohibition of orlah would apply were completed.
|
| 6. |
The converse is also true. Even when the lower portion is prohibited because it was intended for food and the upper portion is permitted, because it was intended to be used as a hedge, we do not say that the lower portion causes the upper portion to be forbidden. Even though it grows from it, it remains permitted [Shulchan Aruch (Yoreh De'ah294:23; Siftei Cohen 294:34).
|
| 7. |
Although they are edible, they are not considered as food to this extent. The Shulchan Aruch(Yoreh De'ah 294:3) differs and accepts the Rambam's ruling only in the Diaspora. In Eretz Yisrael, even the leaves are considered as food.
|
| 8. |
I.e., he does not plant the trees in order to partake of the food himself, but to leave it as ownerless, for any passers by to partake of them (the Rambam's Commentary to the Mishnah (Orlah 1:2)].
|
| 9. |
More particularly, Pesachim 23a and the Sifra (as quoted in the Rambam's Commentary to the Mishnah) derive this concept from the word lachem in that prooftext.
|
| 10. |
The rationale for this ruling is that there is a difference of opinion concerning this ruling and we follow the general principle (Berachot 36a): Whenever a Sage rules leniently with regard to the situation in Eretz Yisrael, we follow his opinion in the Diaspora."
|
| 11. |
In all the situations mentioned in this halachah, there is reason to think that the prohibition of orlahdoes not apply. When trees are planted in the public domain, the land is not his. Based on the Jerusalem Talmud (Orlah 2:1), we can conclude that we are speaking about an instance where the person plants for his own self. If he plants trees in the public domain for people at large, the prohibition of orlah does not apply.
|
| 12. |
One might think that since the ship is not connected to the ground, the prohibition of orlah does not apply. Instead, however, the ship is considered as a large flowerpot in which instance, a tree planted within it is obligated in the laws of orlah, as stated in Halachah 8.
|
| 13. |
Since no one planted them, one might think the prohibition of orlah does not apply.
|
| 14. |
If, however, trees grow by their own accord in the public domain, they are ownerless and the prohibition of orlah does not apply [the Rambam's Commentary to the Mishnah (Orlah 1:2)].
|
| 15. |
I.e., and afterwards, a Jew purchased the tree from him (ibid.).
The above explanation is taken from Rav Kappach's translation of the Rambam's Commentary to the Mishnah and is also reflected in one of the Rambam's responsa. In Rav Kappach's notes, he explains that this represents an emendation of his original text (which is printed in the standard translations of the Commentary to the Mishnah). Those texts state that even if a gentile raises a tree himself, the prohibition of orlah apply. That view is followed by the Shulchan Aruch (Yoreh De'ah 294:8).
|
| 16. |
Since a gentile is not obligated in any of the mitzvot, one might think the prohibition of orlah does not apply. See also Halachah 9.
|
| 17. |
We are not speaking about a person who steals land, because the ownership of the land is never stolen. At all times, it and the trees that grow on it are the property of the original owner (Bava Kama 117a). Instead, we are speaking about a person who stole a sapling and planted it. Whether or not the owner despairs of his loss, the prohibition of orlah apply.
|
| 18. |
This law is taken from the Jerusalem Talmud (Orlah 1:1), only the standard versions of that text read chorshin, "forests," instead of torshin, "rocky terrain." Rav Yosef Corcus suggests that the version of the Jerusalem Talmud available to the Rambam read like his text here. The Radbaz and the Kessef Mishneh suggest emending the text here to read like the standard version of the Jerusalem Talmud.
|
| 19. |
This applies even if the rocky terrain is a person's private property. We are forced to say that for the previous halachah already mentioned a tree that grew on its own accord in the public domain (Radbaz).
The rationale for this law is that since the soil is not good, the trees will not grow well and will only produce a minimal amount of fruit. Hence, it is considered as if one has planted these trees for purposes other than their fruit and the prohibition of orlah does not apply as stated in Halachah 2.
|
| 20. |
Even if the person who planted the tree shows concern for the tree's fruit, he is not considered to have planted a tree for the purpose of fruit, for the nature of the situation prevents us from considering it as such.
|
| 21. |
When quoting this law, the Shulchan Aruch (Yoreh De'ah 294:24) mentions both planting a lulav and an esrog. That version is also acceptable, because the tree used for the lulav must be a date palm whose species produce edible fruit.
|
| 22. |
The candelabrum in the Temple.
|
| 23. |
For even though he is not seeking personal benefit from the fruit, he is seeking to use it for a mitzvah. Thus his intent is on the fruit itself.
|
| 24. |
Because the prohibition of orlah does not apply to consecrated property.
|
| 25. |
Because as soon as the tree was planted, the prohibition of orlah took effect. The obligation to observe them is not nullified by the consecration of the tree.
|
| 26. |
Whether of wood or earthenware (Radbaz).
|
| 27. |
A smaller plant that is planted in a flowerpot without a hole does not derive nurture from the ground. A tree's roots, by contrast, have more power and can derive nurture from the ground even when there is no hole [Jerusalem Talmud (Orlah 1:2)].
|
| 28. |
Before the conquest of the land by Joshua.
|
| 29. |
This law is not merely a historical point. It shares an element of contemporary relevance. At present, all of the agricultural laws relevant to Eretz Yisrael are observed only by virtue of Rabbinic decree. It will not be until the entire Jewish people return in the era of Mashiach, that these mitzvot will have the status of Scriptural commandments (see Hilchot Terumah 1:26 and notes). Thus the prohibition of orlah does not apply to trees planted by gentiles in Eretz Yisrael at present. If such trees are less than three years of age when Mashiach leads the entire people back into the land, the laws of orlah will not apply to them (Rambam LeAm).
|
| 30. |
If the plant for the sake of a Jew, as stated in the notes to Halachah 5.
|
| 31. |
As stated in Halachah 14, grafting is equivalent to planting.
|
| 32. |
It is forbidden for a Jew to make such a graft. Once it is made, however, a Jew can benefit from the fruit. He must, however, wait the three orlah years (Radbaz).
|
| 33. |
See Hilchot Melachim 10:10 which states that, with a few exceptions, if a gentile desires, he may observe any of the mitzvot of the Torah and he receives a reward for doing so.
|
| 34. |
The Radbaz mentions that in warmer climates, it is possible for a tree to grow from a seed to the point that it can produce fruit in three years. In his Guide to the Perplexed, Vol. III., ch. 37, the Rambam states that the Torah mentions three years because it speaks about the majority of instances where trees are grown by planting boughs from other trees.
|
| 35. |
Rambam LeAm questions why it is necessary for the Rambam to mention "another place." Even if he replanted the tree in its original place, the laws of orlah spply.
|
| 36. |
I.e., in the case of a replanted tree, we do not consider the years it grew in its previous place.
|
| 37. |
Replanting it, as it were.
|
| 38. |
I.e., if the connection via its roots was strong enough to sustain it without filling the earth in around its roots.
|
| 39. |
See the Rambam's Commentary to the Mishnah (Orlah 1:4; Keilim 11:15; 13:5) for a more particular definition of this term.
|
| 40. |
That thin root would be sufficient to provide it with its nurture even if one would not have replanted it.
|
| 41. |
The Rambam, quoting Orlah 1:3, uses the term sela, usually translated as "rock" for the clod of earth, because the earth hardens around the mass of roots, as he explains in his Commentary to the Mishnah.
|
| 42. |
The Rambam's wording implies that if the stump of the tree is above the earth, the laws of orlah do not apply. The commentaries have noted that this ruling appears to conflict with his ruling inHilchot Shemitah 3:8.
|
| 43. |
For this is considered like a new tree. See also Halachah 19.
|
| 44. |
Havrachah, translated as "extending," is a technique that was used particular with regard to vines. After a vine had grown for a long time, the head of the vine is planted in the ground where it grows new roots and thus has the potential to better nurture the new growth. As evident from the continuation of the halachah, sometimes the connection to the original vine is severed and it continues to grow as entirely independent plant. Other times, the connection is allowed to continue and then it is considered only as an extension of the original plant. See the Rambam's Commentary to the Mishnah (Orlah 1:5) and the Shulchan Aruch (Yoreh De'ah 294:16).
|
| 45. |
Thus the grafted branch will be receiving nurture from two sources (ibid.).
|
| 46. |
For severing the connection is considered like planting it.
|
| 47. |
See Hilchot Kilayim 5:22 which explains how this measure is calculated.
|
| 48. |
For the prohibition of orlah is nullified in a mixture one/twohundredth the size of the forbidden matter. In the instance mentioned above, once the connection to the original tree is severed, everything which grows is considered as orlah. Thus the fruit remaining on the tree has both permitted and forbidden elements to its existence. If it grows more than the amount stated above, the prohibited substance within it is not nullified and it causes the entire fruit to become forbidden.
|
| 49. |
I.e., one that was not yet three years old.
|
| 50. |
Which are forbidden because they are orlah.
|
| 51. |
From the Rambam's wording [which is quoted by the Shulchan Aruch (Yoreh De'ah 294:22), theSiftei Cohen 294:32 infers that the new fruit that grows on the grafted branch afterwards is permitted.
|
| 52. |
I.e., since at the outset, this fruit was forbidden, its fundamental nature is considered as forbidden and everything added to it is incidental.
|
| 53. |
Since its original connection to the earth was severed, the tree is considered as having been planted at this time.
|
| 54. |
For until then, whatever grew from the implanted branch was considered as part of the original tree and the years of orlah were never counted for it. Even though the years of orlah were counted for the original tree, since it is now being considered as part of the implanted branch, we must count the years of orlah again.
|
| 55. |
Even from the later implants.
|
| 56. |
Because they are all considered as part of the original plant.
|
| 57. |
The implanted plants are considered as new entities and the prohibition of orlah applies to them.
|
| 58. |
For the new growth is considered as an extension of the previous tree.
|
| 59. |
I.e., it did not have a portion that projects above the ground (Bava Batra 82a).
|
| 60. |
For it is considered as an entirely new tree.
|
| 61. |
This is a Rabbinic decree, enacted for the reason stated by the Rambam.
|
| 62. |
This was a common pattern to plant trees and was referred to as "a small vineyard" (Hilchot Kilayim 7:7). Even though it is a separate entity, because it is small, it is subject to the above Rabbinic decree.
|
| 63. |
Because the prohibition against orlah applies only to the fruit and not to the plant as a whole [the Rambam's Commentary to the Mishnah (Orlah1:9)].
|
| 64. |
Chapter 10, Halachah 9.
|
| 65. |
It is even permitted to partake of its fruit, as explained in the following halachah.
|
| 66. |
Our translation is taken from Rav Kappach's translation of the Rambam's Commentary to the Mishnah (loc. cit.). The standard published text of that work and similarly, the gloss of the Radbaz to this halachah understands the term differently.
|
| 67. |
The date cluster.
|
| 68. |
The permitted date tree.
|
• Friday, Iyar 12, 5775 · 01 May 2015
Iyar 12, 27th day of the omer
Torah lessons: Chumash: B'har, Sheini with Rashi.
Tehillim: 66-68.
Tanya: Now as for (p. 251)...accounted as nothing. (p. 251).
The following are the correct readings in the siddur:
Menu ma'amar with a kamatz vowel. K'yom...ne'emar, with a patach. ("to our supplication...and there it is said:" Page 62).
Zachur (ki afar znachnu) with a m'lupam vowel. ("He is mindful that we are but dust...". Page 68).
Un'tal'tani with the vowels patach, sh'va, patach. ("And a wind lifted me..."; Page 72).
Ve'ahavatecha lo tassur, not al tassir. ("May Your love never depart..."; Page 107).
Daily Thought:
The Highest High
There's nothing higher than finding truth on your own.
All worlds were made, all barriers put in place, every veil over G‑dliness hung, and the soul plummeted from its pristine height into the confusion of this harsh world—
—all for this one thing alone: That you should uncover truth on your own.
___________________________________
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