Today's Laws & Customs:
• Count "Twenty-Seven Days to the Omer" Tonight
Tomorrow is the twenty-seventh 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-seven days, which are three weeks and six days, 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: Yesod sheb'Netzach -- "Connection 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:
• Jewish Books Confiscated (1510)
1,500 Jewish books were confiscated in Frankfurt am Main, Germany at the instigation of an apostate (Meshumad) on the 11th of Iyar.
• Riots in Wasilkow and Konotop (1881)
Anti Jewish riots (pogroms) continue to escalate in Russia and break out on the 11th of Iyar in Waslikow and Konotop. The Jews were blamed for the assassination of Czar Alexander II, who was assassinated by revolutionaries. The riots continued for three years across the entire Russia.
• The Battle at Deganya (1948)
The Israeli Army defeated the advancing Syrian Army, following the shelling at the entrance of Deganya, which began at sunrise and lasted nine hours. It is considered the first Israeli victory following the start of the War of Independence.
Daily Quote:
Everything that happened to the Patriarchs is a signpost for their children. This is why the Torah elaborates its account of their journeys, their well-digging and the other events [of their lives]... For when something happens to one of the Patriarchs, one understands from it what is decreed to occur to his descendants.[Nachmanides]
Daily Study:
Chitas and Rambam for today:
Chumash: Acharei-Kedoshim, 5th Portion Leviticus 19:15-19:32 with Rashi
• Chapter 19
15You shall commit no injustice in judgment; you shall not favor a poor person or respect a great man; you shall judge your fellow with righteousness. טו לֹא תַעֲשׂוּ עָוֶל בַּמִּשְׁפָּט לֹא תִשָּׂא פְנֵי דָל וְלֹא תֶהְדַּר פְּנֵי גָדוֹל בְּצֶדֶק תִּשְׁפֹּט עֲמִיתֶךָ:
You shall commit no injustice in judgment: This verse teaches us that a judge who corrupts the law is called unjust, hated and disgusting, fit to be destroyed, and an abomination. For an unjust person is called an abomination, as the verse says, “For whoever does these things, whoever perpetrates such injustice, is an abomination to the Lord…” (Deut. 25: 16); and an abomination, is called a חֵרֶם, [something doomed to destruction], and a disgusting thing, as the verse says (Deut. 7:26), “Nor should you bring an abomination into your house, lest you be destroyed (חֵרֶם) like it, but you shall utterly detest it (שַׁקֵּץ תְּשַׁקְּצֶנּוּ) ” [and an abomination is called hated, as it is said, “for every abomination to the Lord which He hates”] (Deut. 12:31). לא תעשו עול במשפט: מלמד שהדיין המקלקל את הדין קרוי עול, שנאוי ומשוקץ, חרם ותועבה. שהעול קרוי תועבה, שנאמר (דברים כה טז) כי תועבת ה' וגו' כל עושה עול, והתועבה קרויה שקץ וחרם, שנאמר (שם ז כו) ולא תביא תועבה אל ביתך והיית חרם כמוהו שקץ תשקצנו וגו':
You shall not favor a poor person: [This means] that you shall not say, “This man is poor, and the rich man is obligated to provide him with sustenance; therefore, I will acquit him in judgment, and he will thus be sustained respectably.”- [Torath Kohanim 19:37] לא תשא פני דל: שלא תאמר עני הוא זה והעשיר חייב לפרנסו, אזכנו בדין, ונמצא מתפרנס בנקיות:
or show respect to the great: [This means] that you shall not say, “This man is rich, the son of prominent people; how can I embarrass him and behold his shame? That would surely be a punishable act!” Therefore, Scripture says here, “or respect a great man.” - [Torath Kohanim 19:38] ולא תהדר פני גדול: שלא תאמר עשיר הוא זה בן גדולים הוא זה, היאך אביישנו ואראה בבושתו, עונש יש בדבר, לכך נאמר ולא תהדר פני גדול:
Judge your fellow with righteousness: [This is to be understood] according to its apparent meaning. Another explanation is: Judge your fellow favorably [i.e., give him the benefit of the doubt]. בצדק תשפט עמיתך: כמשמעו. דבר אחר הוי דן את חברך לכף זכות:
16You shall not go around as a gossipmonger amidst your people. You shall not stand by [the shedding of] your fellow's blood. I am the Lord. טזלֹא תֵלֵךְ רָכִיל בְּעַמֶּיךָ לֹא תַעֲמֹד עַל דַּם רֵעֶךָ אֲנִי יְהוָֹה:
You shall not go around as a gossipmonger: Heb. לֹא תֵלֵךְ רָכִיל. I say that, since all those who instigate quarrels and speak evil talk go (הוֹלְכִים) into their friends’ houses in order to spy out (לְרַגֵּל) what evil they can see there, or what evil they can hear, to tell in the market-place, they are called הוֹלְכֵי רָכִיל, [which is the same as] הוֹלְכֵי רְגִילָה, - “those who go about spying” ; espiement in Old French, spying. A proof for my words is that we do not find [anywhere in Scripture] where the term רְכִילוּת is used without expressing it in terms of הֲלִיכָה, “going”; [for instance here,] לֹא תֵלֵךְ רָכִיל, “You shall not go around as a gossipmonger,” and, “going tale bearing (הוֹלְכֵי רָכִיל) (Jer. 6:28); [like] copper and iron.” With any other expression for evil talk, however, Scripture does not mention the term הֲלִיכָה, “going”; [for instance,], “He who slanders his fellow in secret” (Ps. 101: 5), and, “you deceitful tongue” (Ps. 120:3), and, “the tongue that speaks great things” (Ps. 12:4). Therefore, I say that the expression רָכִיל is an expression of “going around and spying מְרַגֵּל,” whereby [the letter] כ [of the word רָכִיל] is interchanged with [the letter] ג \'82 [so that the word רָכִיל is equivalent to רָגִיל]. For all letters which stem from the same source are interchangeable with one another [i.e., letters by the same speech organs, namely, the lips, tongue, teeth, palate, or throat]. [For example], [the letter] ב [is interchangeable] with פ or ו [as they are all labials; the letter] ג \'82 [is interchangeable] with כ as is [the letter] ק [since they are all palatals; the letter] נ [is interchangeable] with ל [because they are both linguals, and [the letters] ר and ז [are interchangeable] with צ [as they are all dentals]. Similarly, [the following verses illustrate how רָגַל is employed in connection with slander, just as is רָכִיל in our verse:], “And he slandered (וַיְרַגֵּל) your servant” (II Sam. 19:28), [lit.,] he spied deceitfully to say evil about me, and [likewise], “He did not slander (רָגַל) with his tongue” (Ps. 15:3). And likewise, [the term] רוֹכֵל means a merchant who goes around spying out (מְרַגֵּל) merchandise; [similarly,] one who sells perfumes with which women beautify themselves, since he constantly goes around in the towns, he is called a רוֹכֵל, equivalent to the term רוֹגֵל -one who spies. And the Targum renders [the phrase in our verse, לֹא תֵלֵךְ רָכִיל, as]: לָא תֵיכוּל קוּרְצִין, [lit., “You shall not eat the food of winking,” a figurative expression for slandering], as, וַאֲכַלוּ קַרְצֵיהוֹן דִּי יְהוּדָיֵא [lit., “and they ate their food of winking concerning the Jews” (Dan. 3:8), i.e., they informed against the Jews], and, אֲכַל בֵּהּ קֻרְצָא בֵּי מַלְכָּא [lit., “he ate the food of winking, concerning him, to the king’s palace” (Ber. 58a), i.e., he informed against him to the king. And why is the expression “eating the food of winking” used to signify slander?] It appears to me that it was the practice of these [informers and slanderers] to eat some sort of small snack at the house of those who listened to their words, for this [eating] acted as a [gesture of] final reinforcement, that the slanderer’s words were indeed well-founded and that he maintained them as the truth. This snack, then, is referred to as אֲכִילַת קוּרְצִין, [where the term קוּרְצִין is] denoted by [Scripture’s description of a faithless man], “He winks (קוֹרֵץ) with his eyes” (Prov. 6:13), for so is the way of all those who go around speaking evil talk, to wink with their eyes, thereby alluding to their slanderous words by innuendo, so that any other people listening will not understand. לא תלך רכיל: אני אומר על שם שכל משלחי מדנים ומספרי לשון הרע הולכים בבתי רעיהם לרגל מה יראו רע או מה ישמעו רע לספר בשוק, נקראים הולכי רכיל, הולכי רגילה אשפיימנ"ט בלע"ז [ריגול]. וראיה לדברי, שלא מצינו רכילות שאין כתוב בלשון הליכה לא תלך רכיל, הולכי רכיל נחשת וברזל (ירמיה ו כח), ושאר לשון הרע אין כתוב בו הליכה מלשני בסתר רעהו (תהלים קא ה), לשון רמיה (שם קכ ב), לשון מדברת גדולות (שם יב ד), לכך אני אומר שלשון רכיל לשון הולך ומרגל, שהכ"ף נחלפת בגימ"ל, שכל האותיות שמוצאיהם ממקום אחד מתחלפות זו בזו, בי"ת בפ"א ובוי"ו, גימ"ל בכ"ף וקו"ף, נו"ן בלמ"ד, ורי"ש וזי"ן בצד"י וכן (ש"ב יט כח) וירגל בעבדך, רגל ותרמה לומר עלי רעה, וכן (תהלים טו ג) לא רגל על לשונו, וכן רוכל הסוחר ומרגל אחר כל סחורה, וכל המוכר בשמים להתקשט בהם הנשים, על שם שמחזר תמיד בעיירות נקרא רוכל, לשון רוגל. ותרגומו לא תיכול קורצין, כמו (דניאל ג ח) ואכלו קרציהון די יהודיא, אכל ביה קורצא בי מלכא (ברכות נח א). נראה בעיני שהיה משפטם לאכול בבית המקבל דבריהם שום הלעטה, והוא גמר חזוק, שדבריו מקויימים ויעמידם על האמת, ואותה הלעטה נקראת אכילת קורצין, לשון קורץ בעיניו (משלי ו יג), שכן דרך כל הולכי רכיל לקרוץ בעיניהם ולרמוז דברי רכילותן, שלא יבינו שאר השומעים:
You shall not stand by [the shedding of] your fellow’s blood: [I.e., do not stand by,] watching your fellow’s death, when you are able to save him; for example, if he is drowning in the river or if a wild beast or robbers come upon him. — [Torath Kohanim 19:41; Sanh. 73a] לא תעמד על דם רעך: לראות במיתתו ואתה יכול להצילו, כגון טובע בנהר, וחיה או לסטים באים עליו:
I am the Lord: faithful to pay reward [to those who heed the above warnings], and faithful to exact punishment [upon those who transgress them]. אני ה': נאמן לשלם שכר, ונאמן להפרע:
17You shall not hate your brother in your heart. You shall surely rebuke your fellow, but you shall not bear a sin on his account. יזלֹא תִשְׂנָא אֶת אָחִיךָ בִּלְבָבֶךָ הוֹכֵחַ תּוֹכִיחַ אֶת עֲמִיתֶךָ וְלֹא תִשָּׂא עָלָיו חֵטְא:
but You shall not bear a sin on his account: I.e., [in the course of your rebuking your fellow,] do not embarrass him in public. — [Torath Kohanim 19:43; Arachin 16b] ולא תשא עליו חטא: לא תלבין את פניו ברבים:
18You shall neither take revenge from nor bear a grudge against the members of your people; you shall love your neighbor as yourself. I am the Lord. יחלֹא תִקֹּם וְלֹא תִטֹּר אֶת בְּנֵי עַמֶּךָ וְאָהַבְתָּ לְרֵעֲךָ כָּמוֹךָ אֲנִי יְהוָֹה:
You shall neither take revenge: [For example:] He says to him, “Lend me your sickle,” and he [the latter] replies, “No!” The next day, he [the latter] says to him, “Lend me your ax.” [If] he says to him, “I will not lend it to you, just as you did not lend to me!” this constitutes revenge. And what constitutes “bearing a grudge?” [For example:] he says to him, “Lend me your ax,” and he [the latter] replies, “No!” Then the next day, he [the latter] says to him, “Lend me your sickle.” [Now, if] he says to him, “Here it is for you; I am not like you, who did not lend me!” this constitutes “bearing a grudge,” for he keeps the hatred in his heart, even though he does not take revenge. — [Torath Kohanim 19:44; Yoma 23a] לא תקם: אמר לו השאילני מגלך. אמר לו לאו. למחר אמר לו השאילני קרדומך. אמר לו איני משאילך כדרך שלא השאלתני, זו היא נקימה. ואיזו היא נטירה, אמר לו השאילני קרדומך. אמר לו לאו. למחר אמר לו השאילני מגלך. אמר לו הא לך ואיני כמותך, שלא השאלתני. זו היא נטירה, שנוטר האיבה בלבו אף על פי שאינו נוקם:
You shall love your neighbor as yourself: Rabbi Akiva says: “This is a fundamental [all-inclusive] principle of the Torah.” - [Torath Kohanim 19:45] ואהבת לרעך כמוך: אמר רבי עקיבא זה כלל גדול בתורה:
19You shall observe My statutes: You shall not crossbreed your livestock with different species. You shall not sow your field with a mixture of seeds, and a garment which has a mixture of shaatnez shall not come upon you. יטאֶת חֻקֹּתַי תִּשְׁמֹרוּ בְּהֶמְתְּךָ לֹא תַרְבִּיעַ כִּלְאַיִם שָׂדְךָ לֹא תִזְרַע כִּלְאָיִם וּבֶגֶד כִּלְאַיִם שַׁעַטְנֵז לֹא יַעֲלֶה עָלֶיךָ:
You shall observe My statutes: They are the following: “You shall not crossbreed your livestock with different species, etc.” [The term] חֻקִּים, “statutes,” refers to the decrees of the Divine King, which have no rationale. את חקתי תשמרו: ואלו הן בהמתך לא תרביע כלאים וגו', חקים אלו גזרות מלך שאין טעם לדבר:
and a garment which has a mixture: Why is this stated? Since Scripture says, “ You shall not wear a mixture of wool and linen together” (Deut. 22:11), I might think that one may not wear [even] shearings of wool [beaten together with] stalks of linen. Therefore, Scripture says, “a garment” [thus excluding pieces of wool and linen combined together, which do not form a “garment”]. And how do we know that included [in this prohibition is also] felt [although it is not a garment, but only a belt]? Because Scripture employs the term שַׁעַטְנֵז, [an acronym of the terms] שׁוּעַ, combed, טָווּי, spun, and נוּז, woven. And נוּז, twisted. [i.e., even if the material in question is] “combed,” “spun” and “twined together” [although it does not form a garment]. And I say that [the term] נוּז denotes a material [made from fibers which have been] stretched and twined together in order to join it together; mestier in Old French, and similar to [the term employed by the Talmud], “…fit for use because of the hard [dry] seeds נַאֲזֵי that they have” (Moed Katan 12a), a term which we explain as meaning “hardened” [just as the fibers of the נוּז cloth become hardened when they are intertwined together]; flestre in Old French, wilted. And with regards to the actual term שַׁעַטְנֵז, Menahem [Ben Saruk] explains it to mean: “A combination of wool and linen.” ובגד כלאים: למה נאמר, לפי שנאמר לא תלבש שעטנז צמר ופשתים יחדו (דברים כב יא), יכול לא ילבש גיזי צמר ואניצי פשתן, תלמוד לומר בגד. מנין לרבות הלבדים, תלמוד לומר שעטנז, דבר שהוא שוע טווי ונוז. ואומר אני נוז לשון דבר הנמלל ושזור זה עם זה לחברו, מישטי"ר בלע"ז [לערבב], כמו (מועד קטן יב ב) חזיין לנאזי דאית בהון, שאנו מפרשין לשון כמוש פלישטר"א [כמוש]. ולשון שעטנז פירש מנחם מחברת צמר ופשתים:
20If a man lies carnally with a woman, and she is a handmaid designated for a man, and she had not been [fully] redeemed nor had her document of emancipation been granted her, there shall be an investigation; they shall not be put to death, because she had not been [completely] freed. כוְאִישׁ כִּי יִשְׁכַּב אֶת אִשָּׁה שִׁכְבַת זֶרַע וְהִוא שִׁפְחָה נֶחֱרֶפֶת לְאִישׁ וְהָפְדֵּה לֹא נִפְדָּתָה אוֹ חֻפְשָׁה לֹא נִתַּן לָהּ בִּקֹּרֶת תִּהְיֶה לֹא יוּמְתוּ כִּי לֹא חֻפָּשָׁה:
designated for a man: נֶחֱרֶפֶת, designated and specified for a [particular] man. And [regarding this term נֶחֱרֶפֶת,] I do not know of [a term] resembling it anywhere in Scripture, but the Scripture is speaking of a Canaanite handmaid, partly a handmaid and partly a free woman [i.e., she belonged to two partners and one freed his part of her], who is betrothed to a Hebrew slave, who is permitted to [marry] a handmaid. — [Torath Kohanim 19:52; Kereithoth 11a] נחרפת לאיש: מיועדת ומיוחדת לאיש, ואיני יודע לו דמיון במקרא. ובשפחה כנענית שחציה שפחה וחציה בת חורין המאורסת לעבד עברי שמותר בשפחה, הכתוב מדבר:
and she had not been [fully] redeemed: Heb. וְהָפְדֵּה לֹא נִפְדְּתָה, she is redeemed, but not redeemed. And when the unqualified term פִּדְיוֹן, “redemption” is employed, it means [redeeming with money. — [Torath Kohanim 19:53] והפדה לא נפדתה: פדויה ואינה פדויה וסתם פדיון בכסף:
nor had her document of emancipation been granted her: [the unqualified term חפשׁ, “freeing,” refers to doing so] with a document [of release]. — [Torath Kohanim 19:53] או חפשה: בשטר:
there shall be an investigation: Heb. בִּקֹרֶת תִּהְיֶה [which will result in] the woman being given lashes but not the man (Torath Kohanim 19:54) The court is obligated to investigate the matter in order not to sentence him [her] to death, since “she had not been [completely] freed” [and therefore,] her marriage is not completely binding. Our Rabbis, however, learned from [this verse], that whoever is sentenced to lashes [as this woman, those lashes] shall be accompanied by a “recitation” [בִּקֹרֶת בִּקְרִיאָה, derived from the בִּקֹרֶת, so that the phrase בִּקֹרֶת תִּהְיֶה is expounded to mean “she is to be given lashes with a קֹּרֶת, a recitation.” And what is the recitation referred to here? It is] that the judges who mete out the lashes, shall recite to the one receiving them (Deut. 28:58-59),“If you will not observe to fulfill [all the words of this Torah]…the Lord will bring upon you…uniquely [horrible] plagues!”- [Kereithoth 11a] בקרת תהיה: היא לוקה ולא הוא, יש על בית דין לבקר את הדבר שלא לחייבו מיתה, כי לא חפשה, ואין קידושיה קידושין גמורין. ורבותינו למדו מכאן שמי שהוא במלקות יהא בקריאה, שהדיינים המלקין קורין על הלוקה (דברים כח נח - נט) אם לא תשמור לעשות וגו' והפלא ה' את מכותך וגו':
because she had not been [completely] freed: And therefore, the man is not liable to the death penalty because of [his intimacy with] her, since her marriage is not binding. It follows then, that if she had been freed, her marriage would be binding, and he would be liable to the death penalty. — [Torath Kohanim 19:55; Gittin 43b] כי לא חפשה: לפיכך אין חייב עליה מיתה, שאין קידושיה קידושין, הא אם חופשה, קידושיה קידושין וחייב מיתה:
21He shall bring his guilt offering to the Lord, to the entrance of the Tent of Meeting, a guilt offering ram. כאוְהֵבִיא אֶת אֲשָׁמוֹ לַיהֹוָה אֶל פֶּתַח אֹהֶל מוֹעֵד אֵיל אָשָׁם:
22And the kohen shall effect atonement for him with the guilt offering ram, before the Lord, for the sin that he had committed; and he shall be forgiven for the sin that he had committed. כבוְכִפֶּר עָלָיו הַכֹּהֵן בְּאֵיל הָאָשָׁם לִפְנֵי יְהֹוָה עַל חַטָּאתוֹ אֲשֶׁר חָטָא וְנִסְלַח לוֹ מֵחַטָּאתוֹ אֲשֶׁר חָטָא:
And he shall be forgiven for the sin that he had committed: [The apparently superfluous phrase, “for the sin that he had committed,” is written] to include the intentional sinner like the unintentional sinner [insofar as atonement is effected by bringing a guilt-offering]. — [Torath Kohanim 19:57; Kereithoth 9a] ונסלח לו מחטאתו אשר חטא: לרבות את המזיד כשוגג:
23When you come to the Land and you plant any food tree, you shall surely block its fruit [from use]; it shall be blocked from you [from use] for three years, not to be eaten. כגוְכִי תָבֹאוּ אֶל הָאָרֶץ וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ שָׁלשׁ שָׁנִים יִהְיֶה לָכֶם עֲרֵלִים לֹא יֵאָכֵל:
you shall surely block…[from use]: Heb. וַעִרַלְתֶּם עָרְלָתוֹ, [lit.:] “And you shall block up its blockage,” i.e., [its fruit] shall be blocked and closed up from deriving benefit from it. וערלתם ערלתו: ואטמתם אטימתו, יהא אטום ונסתם מליהנות ממנו:
it shall be blocked for you [from use] for three years: From when does one start counting [this three-year period]? From the time of its planting. — [Torath Kohanim 19:60] One might think that if one stores away the fruit [produced in the first three years], after the first three years have elapsed, [the fruit] will become permissible. Therefore, Scripture, says, “it shall be” -the fruit shall remain in its [forbidden] status [forever]. — [Torath Kohanim 19:62] שלש שנים יהיה לכם ערלים: מאימתי מונה לו, משעת נטיעתו. יכול אם הצניעו, לאחר שלש שנים יהא מותר, תלמוד לומר יהיה, בהוייתו יהא:
24And in the fourth year, all its fruit shall be holy, a praise to the Lord. כדוּבַשָּׁנָה הָרְבִיעִת יִהְיֶה כָּל פִּרְיוֹ קֹדֶשׁ הִלּוּלִים לַיהוָֹה:
all its fruit shall be holy: Just like the second tithe, concerning which it is [also] written, “And every tithe of the Land…is holy to the Lord” (Lev. 27:30); just as the tithe may not be eaten outside the wall of Jerusalem, except after having been redeemed, so is this. — [see Torath Kohanim 19:66], and this thing is “a praise to the Lord,” for he carries it there [to Jerusalem,] to laud and give praise to Heaven. יהיה כל פריו קדש: כמעשר שני שכתוב בו (ויקרא כז ל) וכל מעשר הארץ וגו' קדש לה'. מה מעשר שני אינו נאכל חוץ לחומת ירושלים אלא בפדיון, אף זה כן. ודבר זה הלולים לה' הוא, שנושאו שם לשבח ולהלל לשמים:
25And in the fifth year, you may eat its fruit; [do this, in order] to increase its produce for you. I am the Lord, your God. כהוּבַשָּׁנָה הַחֲמִישִׁת תֹּאכְלוּ אֶת פִּרְיוֹ לְהוֹסִיף לָכֶם תְּבוּאָתוֹ אֲנִי יְהוָֹה אֱלֹהֵיכֶם:
to increase its produce for you: This commandment which you will observe, will be “[in order] to increase its produce for you,” because as its reward, I will bless for you the fruits of [your] plantings. Rabbi Akiva used to say, “The Torah stated this to counter man’s evil inclination: so that a person should not say, ”For four years I suffer with this tree for nothing!“ Scripture therefore says here, ” [in order] to increase its produce for you." - [Torath Kohanim 19: 68] להוסיף לכם תבואתו: המצוה הזאת שתשמרו תהיה להוסיף לכם תבואתו, שבשכרה אני מברך לכם פירות הנטיעות. היה רבי עקיבא אומר דברה תורה כנגד יצר הרע, שלא יאמר אדם הרי ארבע שנים אני מצטער בו חנם, לפיכך נאמר להוסיף לכם תבואתו:
I am the Lord: I am the Lord Who promises regarding this and Who is faithful to keep My promise. אני ה': אני ה' המבטיח על כך ונאמן לשמור הבטחתי:
26You shall not eat over the blood. You shall not act on the basis of omens or lucky hours. כולֹא תֹאכְלוּ עַל הַדָּם לֹא תְנַחֲשׁוּ וְלֹא תְעוֹנֵנוּ:
You shall not eat over the blood: [This verse is] expounded in many different ways in Sanhedrin (63a) [as follows]: (a) It is a warning that one must not eat from the flesh of holy sacrifices before the dashing of the blood; (b) It is a warning against [anyone] who eats from an ordinary animal before its soul [contained in its blood] has [fully] departed; and in many more [ways this verse is expounded there]. לא תאכלו על הדם: להרבה פנים נדרש בסנהדרין (סג א) אזהרה שלא יאכל מבשר קדשים לפני זריקת דמים, ואזהרה לאוכל מבהמת חולין טרם שתצא נפשה, ועוד הרבה:
You shall not act on the basis of omens: like those who interpret [the sounds or actions of] a weasel or birds as omens [for good or bad], - [Torath Kohanim 19:71; Sanh. 66a], or [like those who interpret] bread falling from his mouth or a deer crossing his path [as signs for certain things]. — [Sanh. 65b] לא תנחשו: כגון אלו המנחשין בחולדה ובעופות, פתו נפלה מפיו, צבי הפסיקו בדרך:
You shall not act on the basis of… lucky hours: [The expression תְעוֹנְנוּ] denotes times (עוֹנוֹת) and hours, that one would say, “Such and such a day is auspicious to begin your work,” or, “Such and such an hour is unlucky to embark [on a journey].” - [Sanh. 65b] ולא תעוננו: לשון עונות ושעות, שאומר יום פלוני יפה להתחיל מלאכה, שעה פלונית קשה לצאת:
27You shall not round off the corner of your head, and you shall not destroy the edge of your beard. כזלֹא תַקִּפוּ פְּאַת רֹאשְׁכֶם וְלֹא תַשְׁחִית אֵת פְּאַת זְקָנֶךָ:
You shall not round off the corner of your head: This refers to someone who [cuts his hair in such a way that he] makes [the hair on] his temples even with that behind his ear and on his forehead [i.e., the front hairline], thereby causing [the hairline] surrounding his head to become a circle, since the main hairline behind the ears is at a much higher level than [the hair on] his temples. — [Mak. 20b] לא תקפו פאת ראשכם: זה המשוה צדעיו לאחורי אזנו ולפדחתו, ונמצא הקף ראשו עגול סביב, שעל אחורי אזניו עקרי שערו למעלה מצדעיו הרבה:
the edge of your beard: [meaning:] The end of the beard and its borders. And these are five: two on each cheek at the top [edge of the cheek] near the head, where [the cheek] is broad and has two “corners” [i.e., extremities, one near the temple and the other at the end of the cheek bone towards the center of the face]-and one below, on the chin, at the point where the two cheeks join together. - [Torath Kohanim 19: 74; Mak. 20b] פאת זקנך: סוף הזקן וגבוליו. והן חמש שתים בכל לחי ולחי למעלה אצל הראש שהוא רחב ויש בו שתי פאות, ואחת למטה בסנטרו מקום חבור שני הלחיים יחד:
28You shall not make cuts in your flesh for a person [who died]. You shall not etch a tattoo on yourselves. I am the Lord. כחוְשֶׂרֶט לָנֶפֶשׁ לֹא תִתְּנוּ בִּבְשַׂרְכֶם וּכְתֹבֶת קַעֲקַע לֹא תִתְּנוּ בָּכֶם אֲנִי יְהוָֹה:
You shall not make] cuts [in your flesh] for a person [who died]: This was the practice of the Amorites: to make cuts in their flesh when a person [related] to them died. ושרט לנפש: כן דרכן של אמוריים להיות משרטין בשרם כשמת להם מת:
etch a tattoo: Heb. וּכְתֹבֶת קַעֲקַע, an inscription etched (מְחֻקֶּה) and sunken (שָׁקוּע), never to be erased, for one etches it with a needle, and it remains permanently black. וכתבת קעקע: כתב המחוקה ושקוע שאינו נמחק לעולם שמקעקעו במחט והוא משחיר לעולם:
etched: Heb. קַעְקַע. Similar to the expression [found in the verses], “and hang (וְהוֹקַע) them” [lit., “and sink them”] (Num. 25:4), and, “and we will hang them (וְהוֹקַעְנוּם) ” [lit., “and we will sink them”] (II Sam. 21:6). They would thrust a pole into the ground, and hang the [guilty people] on it; in this way, [the ones hanged would appear as if] inserted and thrust into the ground [and thus the word קַעְקַע denoting “etched in and sunken” into the skin]; porpoynt in Old French [according to Greenberg, porpoint according to Gukovitzki]. קעקע: לשון (במדבר כה ד) והוקע אותם, (שמואל ב כא ו) והוקענום. תוחבין עץ בארץ ותולין אותם עליהם ונמצאו מחוקין ותחובין בקרקע, פורפויינ"ט בלע"ז [נעוץ]:
29You shall not defile your daughter by making her a harlot, lest the Land fall into harlotry and the land be filled with immorality. כטאַל תְּחַלֵּל אֶת בִּתְּךָ לְהַזְנוֹתָהּ וְלֹא תִזְנֶה הָאָרֶץ וּמָלְאָה הָאָרֶץ זִמָּה:
You shall not defile your daughter by making her a harlot: [This is speaking of] a person who hands over his unmarried daughter to have relations that are not for the purpose of marriage.[Torath Kohanim 19:77; Sanh. 76a] אל תחלל את בתך להזנותה: במוסר בתו פנויה לביאה שלא לשם קידושין:
lest the Land fall into harlotry: Heb. וְלֹאתִזְנֶה, for if you do so, the Land itself will cause its fruits to go astray (מְזַנֶּה), producing them elsewhere and not in your Land. And thus the verse says (Jer. 3:2-3), “[and you defiled the Land with your harlotries (בִּזְנוּתַיִ) …] Therefore, the rains were withheld.” - [Torath Kohanim 19:77] ולא תזנה הארץ: אם אתה עושה כן הארץ מזנה את פירותיה לעשותן במקום אחר ולא בארצכם. וכן הוא אומר (ירמיה ג ג) וימנעו רביבים וגו':
30You shall observe My Sabbaths and revere My Sanctuary. I am the Lord. לאֶת שַׁבְּתֹתַי תִּשְׁמֹרוּ וּמִקְדָּשִׁי תִּירָאוּ אֲנִי יְהוָֹה:
And revere My Sanctuary: One may not enter [the Temple Mount] with his [walking] staff, his shoes, with his money belt, or with the dust on his feet.[Yev. 6b] And although I warn you regarding the [holiness of the] Sanctuary, [says God,] nevertheless-“You shall observe My Sabbaths”-the construction of the Sanctuary does not supersede [the laws of the] Sabbath. — [Yev. 6a]. ומקדשי תיראו: לא יכנס בהר הבית לא במקלו ולא במנעלו ובאפונדתו ובאבק שעל רגליו. ואף על פי שאני מזהירכם על המקדש, את שבתותי תשמורו אין בנין בית המקדש דוחה שבת:
31You shall not turn to [the sorcery of] Ov or Yid'oni; you shall not seek [these and thereby] defile yourselves through them. I am the Lord, your God. לאאַל תִּפְנוּ אֶל הָאֹבֹת וְאֶל הַיִּדְּעֹנִים אַל תְּבַקְשׁוּ לְטָמְאָה בָהֶם אֲנִי יְהוָֹה אֱלֹהֵיכֶם:
You shall not turn to [the sorcery of]: Ov or Yid’oni. This is a warning against one who practices the sorcery of Ov or Yid’oni. [And what are these forms of sorcery?] One who practices the sorcery of Ov is “Pithom the sorcerer” (see Rashi Deut. 18:11); [he communes with the dead, as it were, by raising the spirit of the dead, which then] speaks from his armpit. [And one who practices the sorcery of] Yid’oni inserts the bone of a creature called Yido’a (see Bartenura, Mishnah Kilayim 8:5) into his mouth, and the bone speaks [from there].-[Torath Kohanim 19:79; Sanh. 65b] אל תפנו אל האבת: אזהרה לבעל אוב וידעוני. בעל אוב זה פיתום המדבר משחיו. וידעוני מכניס עצם חיה ששמה ידוע לתוך פיו והעצם מדבר:
you shall not seek: to occupy yourselves with these [types of sorcery], for if you do occupy yourselves with them, you will become defiled before Me [says God], and I will deem you abominable. אל תבקשו: להיות עסוקים בם, שאם תעסקו בם אתם מיטמאין לפני ואני מתעב אתכם:
I am the Lord, your God: Know Whom you are exchanging for whom [i.e., you would be exchanging “the Lord, your God” for these futile sorceries]. — [Torath Kohanim 19:79] אני ה' אלהיכם: דעו את מי אתם מחליפין במי:
32You shall rise before a venerable person and you shall respect the elderly, and you shall fear your God. I am the Lord. לבמִפְּנֵי שֵׂיבָה תָּקוּם וְהָדַרְתָּ פְּנֵי זָקֵן וְיָרֵאתָ מֵּאֱלֹהֶיךָ אֲנִי יְהוָֹה:
You shall rise before a venerable person: One might think [that the commandment refers to rising before] an old person, [even though he may be] guilty [of transgression]. Scripture, therefore, says, זָקֵן the term זָקֵן exclusively refers to one who has acquired wisdom [see Num. 11:16, where the same term refers to great, wise men, and therefore not guilty of transgression]. — [Torath Kohanim 19:80; Kid. 32b] מפני שיבה תקום: יכול זקן אשמאי, תלמוד לומר זקן, אין זקן אלא שקנה חכמה:
and you shall respect the elderly: What is meant by “respecting” [the elderly]? One may not sit in his place, speak in his stead [when it is the elder’s turn to speak], or contradict him. [Since one is obligated to rise before the elderly only when the latter enters within one’s four cubits,] one might think that he may close his eyes [when the elder approaches], as if he did not see him [and thus evade the obligation to rise before him]! Therefore Scripture adds here, “and you shall fear your God,” for this matter is privately known to the one who commits it, and no one knows about it except the person himself, and, concerning any matter known only in the heart [of one person,], Scripture says, “and you shall fear your God,” [for God knows man’s thoughts]. — [Torath Kohanim 19:80; Kid. 31b, 32b] והדרת פני זקן: איזהו הדור, לא ישב במקומו ולא ידבר במקומו ולא יסתור את דבריו. יכול יעצים עיניו כמי שלא ראהו, לכך נאמר ויראת מאלהיך, שהרי דבר זה מסור ללבו של עושהו, שאין מכיר בו אלא הוא, וכל דבר המסור ללב נאמר בו ויראת מאלהיך:Daily Tehillim:Psalms Chapters 60 - 65
• Chapter 60
This psalm tells of when Joab, David's general, came to Aram Naharayim for war and was asked by the people: "Are you not from the children of Jacob? What of the pact he made with Laban?" Not knowing what to answer, Joab asked the Sanhedrin. The psalm includes David's prayer for success in this war.
1. For the Conductor, on the shushan eidut. A michtam by David, to instruct,
2. when he battled with Aram Naharayim and Aram Tzovah, and Joab returned and smote Edom in the Valley of Salt, twelve thousand [men].
3. O God, You forsook us, You have breached us! You grew furious-restore us!
4. You made the earth quake, You split it apart-heal its fragments, for it totters!
5. You showed Your nation harshness, You gave us benumbing wine to drink.
6. [Now] give those who fear You a banner to raise themselves, for the sake of truth, Selah.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God said with His Holy [Spirit] that I would exult; I would divide Shechem, and measure out the Valley of Succot.
9. Mine is Gilead, mine is Menasseh, and Ephraim is the stronghold of my head; Judah is my prince.
10. Moab is my washbasin, and upon Edom I will cast my shoe; for me, Philistia will sound a blast [of coronation].
11. Who will bring me into the fortified city? Who will lead me unto Edom?
12. Is it not You, God, Who has [until now] forsaken us, and did not go forth with our legions?
13. Grant us relief from the oppressor; futile is the salvation of man.
14. With God we will do valiantly, and He will trample our oppressors.
Chapter 61
David composed this prayer while fleeing from Saul. The object of all his thoughts and his entreaty is that God grant him long life-not for the sake of pursuing the pleasures of the world, but rather to serve God in awe, all of his days.
1. For the Conductor, on the neginat, by David.
2. Hear my cry, O God, listen to my prayer.
3. From the end of the earth I call to You, when my heart is faint [with trouble]: Lead me upon the rock that surpasses me!
4. For You have been a refuge for me, a tower of strength in the face of the enemy.
5. I will dwell in Your tent forever; I will take refuge in the shelter of Your wings, Selah.
6. For You, God, heard my vows; You granted the inheritance of those who fear Your Name.
7. Add days to the days of the king; may his years equal those of every generation.
8. May he sit always before God; appoint kindness and truth to preserve him.
9. Thus will I sing the praise of Your Name forever, as I fulfill my vows each day.
Chapter 62
David prays for the downfall of his enemies. He also exhorts his generation that their faith should not rest in riches, telling them that the accumulation of wealth is utter futility.
1. For the Conductor, on the yedutun,1 a psalm by David.
2. To God alone does my soul hope; my salvation is from Him.
3. He alone is my rock and salvation, my stronghold; I shall not falter greatly.
4. Until when will you plot disaster for man? May you all be killed-like a leaning wall, a toppled fence.
5. Out of their arrogance alone they scheme to topple me, they favor falsehood; with their mouths they bless, and in their hearts they curse, Selah.
6. To God alone does my soul hope, for my hope is from Him.
7. He alone is my rock and salvation, my stronghold; I shall not falter.
8. My salvation and honor is upon God; the rock of my strength-my refuge is in God.
9. Trust in Him at all times, O nation, pour out your hearts before Him; God is a refuge for us forever.
10. Men are but vanity; people [but] transients. Were they to be raised upon the scale, they would be lighter than vanity.
11. Put not your trust in exploitation, nor place futile hope in robbery. If [corrupt] wealth flourishes, pay it no heed.
12. God spoke one thing, from which I perceived two: That strength belongs to God;
13. and that Yours, my Lord, is kindness. For You repay each man according to his deeds.
Chapter 63
Hiding from Saul, and yearning to approach the place of the Holy Ark like one thirsting for water, David composed this prayer on his behalf and against his enemy.
1. A psalm by David, when he was in the Judean desert.
2. O God, You are my Almighty, I seek You! My soul thirsts for You, my flesh longs for You; [like one] in a desolate and dry land, without water,
3. so [I thirst] to see You in the Sanctuary, to behold Your might and glory.
4. For Your kindness is better than life; my lips shall praise You.
5. Thus will I bless you all my life, in Your Name I will raise my hands [in prayer].
6. As with fat and abundance my soul is sated, when my mouth offers praise with expressions of joy.
7. Indeed, I remember You upon my bed; during the watches of the night I meditate upon You.
8. For You were a help for me; I sing in the shadow of Your wings.
9. My soul cleaved to You; Your right hand supported me.
10. But they seek desolation for my soul; they will enter the depths of the earth.
11. They will drag them by the sword; they will be the portion of foxes.
12. And the king will rejoice in God, and all who swear by Him will take pride, when the mouths of liars are blocked up.
Chapter 64
The masters of homiletics interpret this psalm as alluding to Daniel, who was thrown into the lion's den. With divine inspiration, David foresaw the event and prayed for him. Daniel was a descendant of David, as can be inferred from God's statement to Hezekiah (himself of Davidic lineage), "And from your children, who will issue forth from you, they will take, and they (referring to, amongst others, Daniel) will be minesters in the palace of the king of Babylon."
1. For the Conductor, a psalm by David.
2. Hear my voice, O God, as I recount [my woes]; preserve my life from the terror of the enemy.
3. Shelter me from the schemes of the wicked, from the conspiracy of evildoers,
4. who have sharpened their tongue like the sword, aimed their arrow-a bitter word-
5. to shoot at the innocent from hidden places; suddenly they shoot at him, they are not afraid.
6. They encourage themselves in an evil thing, they speak of laying traps; they say: "Who will see them?”
7. They sought pretexts; [and when] they completed a diligent search, each man [kept the plot] inside, deep in the heart.
8. But God shot at them; [like] a sudden arrow were their blows.
9. Their own tongues caused them to stumble; all who see them shake their heads [derisively].
10. Then all men feared, and recounted the work of God; they perceived His deed.
11. Let the righteous one rejoice in the Lord and take refuge in Him, and let them take pride-all upright of heart.
Chapter 65
This psalm contains awe-inspiring and glorious praises to God, as well as entreaties and prayers concerning our sins. It declares it impossible to recount God's greatness, for who can recount His mighty acts? Hence, silence is His praise.
1. For the Conductor, a psalm by David, a song.
2. Silence is praise for You, O God [Who dwells in] Zion; and to You vows will be paid.
3. O Heeder of prayer, to You does all flesh come.
4. Matters of sin overwhelm me; You will pardon our transgressions.
5. Fortunate is [the nation] whom You choose and draw near, to dwell in Your courtyards; may we be sated with the goodness of Your House, with the holiness of Your Sanctuary.
6. Answer us with awesome deeds as befits Your righteousness, O God of our salvation, the security of all [who inhabit] the ends of the earth and distant seas.
7. With His strength He prepares [rain for] the mountains; He is girded with might.
8. He quiets the roar of the seas, the roar of their waves and the tumult of nations.
9. Those who inhabit the ends [of the earth] fear [You] because of Your signs; the emergences of morning and evening cause [man] to sing praise.
10. You remember the earth and water it, you enrich it abundantly [from] God's stream filled with water. You prepare their grain, for so do You prepare it.
11. You saturate its furrows, gratifying its legions; with showers You soften it and bless its growth.
12. You crown the year of Your goodness [with rain], and Your clouds drip abundance.
13. They drip on pastures of wilderness, and the hills gird themselves with joy.
14. The meadows don sheep, and the valleys cloak themselves with grain; they sound blasts, indeed they sing.
Tanya: Likutei Amarim, middle of Chapter 46• Thursday, Iyar 11, 5775 · April 30, 2015
Today's Tanya Lesson
Likutei Amarim, middle of Chapter 46
וזה שאומרים: אשר קדשנו במצותיו
This is the meaning of the text of the various blessings pronounced before one fulfills amitzvah: “[Blessed be He] Who has betrothed us by His commandments”:
The Hebrew word kidshanu — generally rendered, “Who has sanctified us” — is here rendered, “Who has betrothed us,” from the Hebrew word kiddushin (“betrothal”). For mitzvottoo, are:
כאדם המקדש אשה, להיות מיוחדת עמו ביחוד גמור, כמו שכתוב: ודבק באשתו והיו לבשר אחד
like a man who betrothes a wife, so that she be united with him in a perfect bond, as it is written:1 “And he shall cleave to his wife, and they shall be one flesh.”
ככה ממש, ויתר על כן לאין קץ, הוא יחוד נפש האלקית העוסקת בתורה ומצות, ונפש החיונית ולבושיהן הנ״ל, באור אין סוף ברוך הוא
Exactly similar to the unity achieved through betrothal, and even infinitely surpassing it, is the union of the divine soul that is engaged in Torah and the commandments, and of the vivifying soul, and their garments referred to above,viz., thought, speech and action — all of them becoming united with the light of the blessed Ein Sof.
This spiritual union infinitely surpasses the physical union of man and wife. The correlation to a physical union is valid only in the sense that in this world there can be no greater union than that of man and wife. This union is termed kiddushin.
ולכן המשיל שלמה עליו השלום בשיר השירים יחוד זה ליחוד חתן וכלה
Therefore did Solomon, peace unto him, in the Song of Songs compare this union of G‑d and Jews through Torah and mitzvot with the union of bridegroom and bride,
בדביקה חשיקה וחפיצה, בחיבוק ונישוק
this union being with attachment — an external level of unity, with longing — a more inward level of unity, and desire — an even more inward level of unity, with embrace and kissing.
All the above manners of union are found in the Jew’s relationship to G‑d through Torah and mitzvot.
Until now the Alter Rebbe expounded on the theme of unity, understanding kidshanu as deriving from kiddushin (“betrothal”). The Alter Rebbe now goes on to say that the wordkidshanu also alludes to the sanctification a Jew achieves through Torah and mitzvot,sanctification implying a state of exaltation and separation from all worlds.
וזה שאומרים: אשר קדשנו במצותיו
This is also the meaning of the blessings alluded to above: “Who has sanctified us by His commandments,” the verb kidshanu (“Who has sanctified us”) here meaning:
שהעלנו למעלת קודש העליון, ברוך הוא, שהיא קדושתו של הקב״ה בכבודו ובעצמו
that He has elevated us to the heights of the Supreme Holiness, which is the holiness of the Holy One, blessed be He, Himself.
וקדושה היא לשון הבדלה, מה שהקב״ה הוא מובדל מהעולמות
Kedushah (“holiness”) is a term indicating separateness, in that the Holy One, blessed be He, is apart from the worlds,
והיא בחינת סובב כל עלמין, מה שאינו יכול להתלבש בהן
this being the quality of “encompassing all worlds,” being unable to clothe Himself within them.
Because of the inability of created beings to absorb the extreme holiness of this transcendent level, G‑d (as it were) cannot enclothe Himself within the worlds, and therefore affects them in an encompassing manner. It is to this lofty level that Jews are elevated through their performance of mitzvot.
כי על ידי יחוד הנפש והתכללותה באור אין סוף ברוך הוא, הרי היא במעלת ומדרגת קדושת אין סוף ברוך הוא ממש
For through the union of the soul with, and its absorption into, the light of theEin Sof, it attains the quality and the degree of holiness of the blessed Ein SofHimself,
מאחר שמתייחדת ומתכללת בו יתברך, והיו לאחדים ממש
since it unites itself with Him, and is integrated into Him, and they become truly one.
וזה שכתוב: והייתם לי קדושים כי קדוש אני ה׳, ואבדיל אתכם מן העמים להיות לי
This is the meaning of the verse:2 “And you shall be holy unto Me, for I the Lord am holy; the verse gives us the reason for the Jew’s sanctity, connecting it with G‑d’s Supreme Holiness, which Jews can attain through Torah and mitzvot; and I have separated you from other peoples that you should be Mine.” Here we see that holiness implies separation, as mentioned earlier.
ואומר: ועשיתם את כל מצותי והייתם קדושים לאלקיכם, אני ה׳ אלקיכם וגו׳
Another verse states:3 “You shall fulfill all My commandments and be holy unto your G‑d: I am the Lord your G‑d....” The term “your G‑d,” in the possessive form, recalls the relationship set up when a man betrothes a woman, whereby she becomes his wife.4
-פירוש: כי על ידי קיום המצות הריני אלוה שלכם
The meaning is that “through the fulfillment of the commandments I become ‘your’ G‑d,” in the same manner
כמו אלקי אברהם, אלקי יצחק וכו׳
as G‑d is called “the G‑d of Abraham,” “the G‑d of Isaac,” and so on,
שנקרא כן מפני שהאבות היו בחינת מרכבה לו יתברך
called thus because the Patriarchs were on the level of a “vehicle” unto Him,
The Patriarchs were totally dedicated to G‑d, and nullified before Him, like a vehicle (lit., “chariot”) which is totally nullified to its driver, possessing no independent will.
ובטלים ונכללים באורו
and they were nullified and absorbed in His light.
וככה הוא בכל נפש מישראל, בשעת עסק התורה והמצות
So it is with the soul of every Jew at the time he is occupied with Torah and the commandments.
When a Jew occupies himself with Torah study and the performance of its commandments he is totally nullified and absorbed in G‑d’s light. The only difference between the Patriarchs and other Jews is that the Patriarchs were in this state constantly, while other Jews attain this level only at the above-mentioned times.
ולכן חייבו רז״ל לקום ולעמוד מפני כל עוסק במצוה, אף אם הוא בור ועם הארץ
Therefore the Sages, of blessed memory, made it obligatory to rise and remain standing5 in the presence of anyone who is engaged in fulfilling a commandment, even if the latter is uncultured and illiterate. When such a person performs a mitzvah, such as bringing Bikkurim (the First Fruits) to the Beit HaMikdash, one must rise before him.
והיינו מפני ה׳ השוכן ומתלבש בנפשו בשעה זו
This is because G‑d dwells and clothes Himself in this man’s soul at such time.
רק שאין נפשו מרגשת
It is only that his soul is unconscious of this sanctity that resides within him at the time of his performance,
מפני מסך החומר הגופני שלא נזדכך, ומחשיך עיני הנפש מראות מראות אלקים
because of the barrier of the bodily grossness within which the soul dwells, which has of yet not been refined, and which dims the eyes of the soul preventing it from seeing Divine visions,
כמו האבות וכיוצא בהן, שראו עולמם בחייהם
as experienced by the Patriarchs and others of their stature, who “saw their world the spiritual World to Come during their lifetime.”
These great tzaddikim were able in this world to see Divine visions normally seen only in the World to Come. This was so because their bodies, having been purified, did not conceal G‑dliness. Truly, each and every Jew would be capable of witnessing such visions of holiness during the performance of a mitzvah, were it not for the coarseness of his body.
| FOOTNOTES | |
| 1. | Bereishit 2:24. |
| 2. | Vayikra 20:26. |
| 3. | Bamidbar 15:40-41. |
| 4. | The Rebbe explains that the Alter Rebbe cites these verses to provide evidence of the various aspects inherent in the term, “has sanctified us.” That sanctification is similar to the sanctification and union of a marriage we learn from the phrases, “...unto your G‑d; I am the L‑rd your G‑d.” I.e., G‑d is our G‑d in a manner of a man taking a wife, whereby she becomes his wife. The second form of “sanctification” — the concept that Jews are (a) elevated to Supernal Holiness, G‑d’s essential holiness, and (b) sanctified in the sense of being apart — is understood from the first verse, as follows: The words, “And you shall be holy unto Me, for I the L‑rd am holy,” indicate that the Jews‘ sanctity is bound up with G‑d’s Supernal Holiness. The concluding words, “...and I have separated you from other nations that you should be Mine,” indicate that sanctity which entails being separate and apart. |
| 5. | See Kiddushin 33a. |
• Sefer Hamitzvos:Thursday, Iyar 11, 5775 · April 30, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 141
Eating Second Tithe Grain outside of Jerusalem
"You may not eat within your gates the tithe of your grain"—Deuteronomy 12:17.
It is forbidden to consume outside of Jerusalem grain set aside for the Second Tithe.
This biblical prohibition only applies once the grain entered Jerusalem—and was then taken back out.
Eating Second Tithe Grain outside of Jerusalem
Negative Commandment 141
Translated by Berel Bell
The 141st prohibition is that we are forbidden from eating grain which is ma'aser sheni outside Jerusalem.
The source of this prohibition is G‑d's statement,1 "In your own settlements, you may not eat the tithes of your grain, [wine, and oil]."
One who eats ma'aser sheni [outside Jerusalem] without redeeming it is punished by lashes; but only upon the condition given in the end of Makos2 — that it first "saw the face of the Temple," i.e. was brought inside the walls of Jerusalem, and then was eaten outside [Jerusalem]. This is clearly stated in that Talmudic passage: "When is he punished by lashes? When it first 'saw the face of the Temple.' "
FOOTNOTES
1.Deut. 12:17.
2.19b.
Negative Commandment 142
Eating Second Tithe Wine outside of Jerusalem
"You may not eat within your gates the tithe of your grain and your wine"—Deuteronomy 12:17.
It is forbidden to consume outside of Jerusalem wine set aside for the Second Tithe.
This biblical prohibition only applies once the wine entered Jerusalem—and was then taken back out.
Eating Second Tithe Wine outside of Jerusalem
Negative Commandment 142
Translated by Berel Bell
The 142nd prohibition is that we are forbidden from drinking wine which is ma'aser sheni outside Jerusalem.
The source of this prohibition is G‑d's statement,1 "In your own settlements, you may not eat the tithes of your grain, wine [and oil]."
One who doesn't redeem it and eats it [outside Jerusalem] is punished by lashes, subject to the same condition mentioned regarding ma'aser sheni of grain.2
FOOTNOTES
1.Deut. ibid.
2.That it had previously been brought within the walls of Jerusalem.
Negative Commandment 143
Eating Second Tithe Olive Oil outside of Jerusalem
"You may not eat within your gates the tithe of your grain and your wine and your oil"—Deuteronomy 12:17.
It is forbidden to consume outside of Jerusalem olive oil set aside for the Second Tithe.
This biblical prohibition only applies once the oil entered Jerusalem—and was then taken back out.
Eating Second Tithe Olive Oil outside of Jerusalem
Negative Commandment 143
Translated by Berel Bell
The 143rd prohibition is that we are forbidden from consuming oil which is ma'aser sheni outside Jerusalem.
The source of this prohibition is G‑d's statement,1 "In your own settlements, you may not eat the tithes of your grain, wine, and oil."
One who doesn't redeem it and eats it [outside Jerusalem] is punished by lashes, subject to the same condition mentioned regarding ma'aser sheni of grain.2
Perhaps you are surprised that we counted ma'aser sheni of grain, ma'aser sheni of wine, and ma'aser sheni of oil as three separate mitzvos. However, you must be aware that one who ate all three of them receives a separate set of lashes for each.3 This is not an "inclusive prohibition" [lav she'b'klallus] for which [more than one set of4] lashes is not given.5 Rather, the verse is written in this way to divide them [to count as separate mitzvos].
This is stated explicitly in tractate Krisus:6 "One who consumes grain, wine, and oil of ma'aser [sheni] receives lashes for each one. But is one lashed separately for [the components of] a lav she'b'klalus?! But this case is different because there is a redundant verse: It is written,7 'You shall consume the ma'aser [sheni] of your grain, wine, and oil before G‑d your L‑rd...' Why did the Torah need to repeat them all?8 From this we see that the Torah divided them [into separate mitzvos]. And our Sages said in Makos:9 "It is written, 'You shall consume the ma'aser [sheni] of your grain, wine, and oil before G‑d your L‑rd...' But the Torah could have just written, 'You may not eat them in your own settlements'! Why did it list each one separately? To designate each one as a separate prohibition." This demonstrates that everything listed in the verse counts as a separate mitzvah.
I will now list the other prohibitions included in this verse.10
FOOTNOTES
1.Deut. ibid.
2.That it had previously been brought within the walls of Jerusalem.
3.The Rambam explained in the Ninth Introductory Principle that the number of sets of lashes helps determine whether a particular act counts as a separate mitzvah or is merely part of another mitzvah. If for doing all the acts one receives one set of lashes, they all count as part of one mitzvah; but if one is lashed separately for each act, they count as individual mitzvos.
4.See the Ninth Introductory Principle from Pesachim 41a.
5.For example, the prohibition "You may not eat it raw or boiled in water" (N125) counts as one mitzvah, since even if one ate both a raw piece and a boiled piece, only one set of lashes would be given.
6.4b.
7.Deut. 14:23.
8.Since they were already mentioned in Deut. 12:17. See Yad Halevi, note 3.
9.18a.
10.See N144-148.
Shabbos - Chapter Twenty Nine
Halacha 1
It is a positive commandment from the Torah1 to sanctify the Sabbath day with a verbal statement,2 as [implied by Exodus 20:8]: "Remember the Sabbath day to sanctify it" - i.e., remember it with [words of] praise [that reflect its] holiness.3
This remembrance must be made at the Sabbath's entrance and at its departure: at the [day's] entrance with the kiddush that sanctifies the day, and at its departure with havdalah.4
Halacha 2
Halacha 3
This is the text of the havdalah prayer:
Blessed are You God, our Lord, King of the universe, who distinguishes between the holy and the mundane, between light and darkness, between Israel and the nations, and between the seventh day and the six days of activity.10 Blessed are You, God, who distinguishes between the holy and the mundane.
Halacha 4
The essence [of the mitzvah] of sanctifying the Sabbath [is to do so] at night.11If a person does not recite kiddush at night - whether consciously or inadvertently - he may recite kiddush12 throughout the entire [Sabbath] day.13
A person who does not recite havdalah at night may recite [this blessing] on the following day,14 and [indeed] may recite [this blessing] until [nightfall] on Tuesday15 [if he does not fulfill his obligation beforehand].
[Although the havdalah blessing may be recited at a later time,] one should recite the blessing on a flame only on Saturday night.16
Halacha 5
A person is forbidden17 to eat or to drink wine from the commencement of the Sabbath onward18 until he recites kiddush. Similarly, after the conclusion of the day, a person is forbidden to begin to eat, drink, perform labor,19 or taste anything until he recites havdalah. Drinking water is, however, permitted.20
Should a person forget or transgress and eat or drink before reciting kiddush orhavdalah, he may nevertheless recite kiddush or havdalah afterwards.21
Halacha 6
It is a mitzvah [instituted by] our Sages to recite kiddush over [a cup of] wine22and to recite havdalah over [a cup of] wine.
Although one recites havdalah in one's [evening] prayers, one is required to recite [this blessing] over a cup [of wine].23 [Nevertheless,] once a person has said "[Blessed is He24] who distinguishes between the holy and the mundane," he is permitted to perform labor25 even though he has not recited havdalahover a cup [of wine].
Halacha 7
What is the procedure he should follow: He should take a cup that contains arevi'it28 or more, wash it thoroughly inside, and rinse its outside.29 He should fill it with wine, hold it in his right hand, lifting it above the ground more than a handbreadth,30 without supporting it with his left hand.
One recites the blessing [borey pri] hagefen and then the kiddush. It is, however, common custom among the Jewish people first to recite the passageVayechulu,31 then the blessing [borey pri] hagefen and then the kiddush
Halacha 8
[The mitzvah of] kiddush [may be fulfilled] only in the place of one's meal.34What is implied? A person should not recite the kiddush in one house35 and eat his meal in another.36 One may, however, recite kiddush in one corner and eat one's meal in another.
[One might ask:] Why is kiddush recited in the synagogue? Because of the guests who eat and drink there.37
Halacha 9
A person who desires to partake of bread more than of wine, and similarly, a person who has no wine, should wash his hands, recite the blessing hamotzi, and then recite kiddush. Afterwards, he should break bread and eat.
Havdalah, by contrast, may not be recited over bread, but only over wine.38
Halacha 10
A person who had intended to recite kiddush over wine on Friday night, but forgot, and before he recited kiddush washed his hands [with the intention of partaking of bread], should recite kiddush over bread. He should not recitekiddush over wine after washing his hands [to partake of] a meal.39
It is a mitzvah to recite a blessing over wine on the Sabbath day before partaking of the second [Sabbath] meal.40 This is called "the great kiddush."41One recites only the blessing borey pri hagefen, partakes of the wine,42 washes one's hands, and begins the meal.
[On the Sabbath day as well,] a person is forbidden to taste any food before he recites kiddush.43 This kiddush may also be recited only in the place where one eats one's meal.
Halacha 11
A person may recite kiddush over a cup [of wine] on Friday before sunset, even though the Sabbath has not commenced.44 Similarly, he may recite havdalahover a cup [of wine] before sunset, even though it is still Sabbath.45 For the mitzvah of remembering the Sabbath involves making [a statement to this effect] at the entrance and the departure of the Sabbath, or slightly before these times.
Halacha 12
A person who is in the midst of eating [a meal] on Friday when the Sabbath commences should spread a cloth46 over the table,47 recite kiddush,48complete his meal,49 and recite grace.50
A person who is in the midst of eating [a meal]51 on the Sabbath when the Sabbath departs should complete his meal,52 wash his hands,53 recite grace over a cup of wine,54 and afterwards recite havdalah over [this cup].55 If he is sitting and drinking,56 he should interrupt his drinking,57recite havdalah, and begin drinking again.
Halacha 13
A person who is eating and completes his meal at the commencement of the Sabbath should recite grace first and then recite kiddush on a second cup of wine.58 He should not recite grace and kiddush on the same cup [of wine], because two mitzvot should not be performed with the same cup [of wine].59For both the mitzvah of kiddush and the mitzvah of grace are mitzvot that emanate from the Torah itself.
Halacha 14
Kiddush may be recited only on wine that is fit to be offered as a libation on the altar.60 Therefore, if one mixed even a drop of honey61 or yeast62 the size of a mustard seed in a large barrel [of wine], kiddush may not be recited upon it.
This is the ruling that we follow universally in the west. There is, however, an opinion that allows kiddush to be recited on such wine.63 [This view] explains that the term "wine that is fit to be offered as a libation on the altar" excludes only wine with an unpleasant fragrance,64 wine that was left uncovered,65or wine that was cooked.66 Kiddush may not be recited on any of these wines.
Halacha 15
Wine that tastes like vinegar may not be used for kiddush although its fragrance is that of wine.67 Similarly, we may not recite kiddush over [the beverage produced from] pouring water over the dregs of wine, although it tastes like wine.
When does the above apply? When the ratio between the water poured over the dregs and the beverage produced is less than three parts to four parts. If, however, the ratio is more than three parts to four parts, [the beverage produced is considered to be] diluted wine, and kiddush may be recited over it.68
Halacha 16
When a person drinks from a vessel containing wine, even if he drinks only a small amount from a vessel that contains many revi'iot [of wine],69 he has blemished the wine and invalidated it. We may not recite kiddush over the remainder,70 because it is regarded like the remnants left over in a cup.71
Halacha 17
Although the fragrance of wine resembles vinegar, if its flavor resembles wine,kiddush may be recited over it.72 Similarly, [kiddush may be recited over] diluted wine.73
We may recite kiddush over raisin wine, provided it is made from raisins that [are not entirely dried out] - i.e., if one presses them, they will release a concentrated syrup.
Halacha 18
Just as we recite kiddush on Friday night and havdalah on Saturday night, so too, we recite kiddush on the night of a holiday's commencement and havdalahon the night following a holiday and on the night following Yom Kippur, for they are all "Sabbaths of God."79
Halacha 19
[The following is] the text of the kiddush recited on festivals:
Blessed are You, God our Lord, King of the universe, who has chosen us83from all the nations, and raised us above people of all tongues. He chose us and made us great; he showed us favor and glorified us.And God our Lord gave us with love festivals for rejoicing, holidays and [unique] seasons for gladness, [including] this festive day of holy convocation, this festival of- Matzot, Shavuot, [or] Sukkot -the season of - our freedom, the giving of our Torah, [or] our happiness -in love, as a commemoration of the exodus from Egypt.For You have chosen us and sanctified us from all the nations and given us as an inheritance Your holy seasons for rejoicing and gladness. Bless are You, God, who sanctifies Israel and the seasons.84
When [a holiday] occurs on the Sabbath, one should mention the Sabbath [in the midst of the passage], and conclude in the same manner as one concludes in prayer, "[Blessed...] who sanctifies the Sabbath,85 Israel and the seasons."
Halacha 20
On Rosh HaShanah, one should say:
...And God our Lord gave us with love this day of holy convocation for remembrance,86 recalling the sounding [of the shofar],87 a holy convocation in love, as a commemoration of the exodus from Egypt.For You have chosen us and sanctified us from all the nations, and Your words are true and everlasting. Blessed are You God, the King of the entire earth,88who sanctifies Israel and the Day of Remembrance.
When [Rosh HaShanah] occurs on the Sabbath, one should conclude "[Blessed...] who sanctifies the Sabbath, Israel and the Day of Remembrance," as one concludes in prayer.
Halacha 21
Halacha 22
What blessings should be recited on the night of a holiday that falls on a Sunday? At the outset, one recites the blessing [borey pri] hagefen. Afterwards, one should recite the kiddush for the holiday. Then one should recite the blessing over fire,92 and after that havdalah. One should conclude havdalah, "...who distinguishes between the holy and the holy."93 [In conclusion,] one recites the blessing Shehecheyanu.94
Halacha 23
On the night of every holiday95 and on the night of Yom Kippur, we recite the blessing Shehecheyanu.96 We do not recite the blessing Shehecheyanu on the seventh day of Pesach, because it is not a holiday in its own right,97 and we have already recited the blessing Shehecheyanu at the beginning of the Pesach festival.98
Halacha 24
This is the order of havdalah on Saturday night: [First,] one recites the blessing over the wine;99 afterwards, one recites the blessing over the spices,100 and then over the flame.
Which blessing is recited over the flame? "[Blessed... King of the universe,] who creates the lights of fire."101 Afterwards, one recites havdalah.
Halacha 25
We do not recite the blessing over the flame until we derive benefit from its light to the extent that one could differentiate between the coin of one country and that of another.102
We may not recite the blessing over a flame belonging to gentiles,103 for it may be assumed that their gatherings are associated with the worship of false divinities.104 We may not recite the blessing on a flame [kindled for] the worship of false divinities105 or on a flame [kindled for the sake of] the deceased.106
Halacha 26
When a Jew lights a flame from a gentile's [flame], or a gentile from a Jew's [flame], we may recite a blessing upon it.107 [If, however,] a gentile [lights a flame] from another gentile's [flame], we may not recite a blessing upon it.108
[The following rules apply when a person] is walking outside a large city and sees light: If most of the city's inhabitants are gentiles, he may not recite this blessing. If most are Jewish, he may.
At the outset, one should not recite this blessing over the fire of a furnace, an oven, or a range.109 If coals [are glowing to the extent that] were one to put a sliver of wood between them, they would catch fire of their own accord, we may recite a blessing over them.110
We may recite this blessing over the light of the House of Study if there is an important person there for whom the light is kindled. We may recite a blessing over the light of a synagogue if there is a chazan who lives there.111
Halacha 27
We may recite the blessing over a fire that is kindled on the Sabbath for the sake of a sick person or for a woman after childbirth.114
On Saturday night, we may recite the blessing over light produced from wood or stone, for this was the manner in which fire was first created by man.115 We may not, by contrast, recite a blessing over such a flame on the night following Yom Kippur. For on the night following Yom Kippur, we recite the blessing only on a light that has rested.116 When, however, a fire is kindled on Yom Kippur for the sake of a sick person or for a woman after childbirth, we may recite the blessing upon it, for it "rested from sin."
Halacha 28
When a holiday falls in the middle of the week,117 one recites [the following passage] as havdalah:
[Blessed are You...] who distinguishes between the holy and the mundane, between darkness and light, between Israel and the gentiles, between the Sabbath and the six days of activity....
One uses the same text as one uses on Saturday night. [The fact that it is not the Sabbath does not present a difficulty, for] one is merely listing the types of distinctions [that God has created within our world].
[On the night following a holiday,] one need not recite the blessing over spices, nor the blessing over light.118 Similarly, we are not required to recite the blessing over spices on the night following Yom Kippur.
| FOOTNOTES | |
| 1. |
Sefer HaMitzvot (Positive Commandment 155) and Sefer HaChinuch (Mitzvah 31) count this as one of the Torah's 613 mitzvot.
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| 2. |
Sefer HaMitzvot states: "With this mitzvah, we are commanded to make statements... that acknowledge the greatness and glory of this day, and how it is distinguished from the days that precede it and those that follow it."
Although the Sabbath is by nature a holy day, this mitzvah requires that we consciously - and verbally - acknowledge this holiness. As the Rambam mentions in Halachah 6, our Sages required that this acknowledgement be recited over a cup of wine. Nevertheless, according to the Torah itself, it is sufficient to make these statements in the prayer service.
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| 3. |
As the Rambam states in Hilchot Avodat Kochavim 12:3, this mitzvah is incumbent on women as well as on men. This concept is derived as follows: In the first mention of the Ten Commandments (Exodus, Chapter 20), we are commanded to "remember" (zachor) the Sabbath. In Moses' review of that event (Deuteronomy, Chapter 5), however, he uses the expression, shamor, "observe."
Sh'vuot 20b teaches that these two terms were related by God "in a single breath" - i.e., they are two complementary expressions of respect for the Sabbath. Accordingly, all the individuals obligated to keep the mitzvah of "Observe" must also keep the mitzvah of "Remember." Since women are obligated to keep the mitzvah of "Observe" - i.e., to adhere to the prohibitions against forbidden labor - they are also obligated to "Remember" the Sabbath (Berachot 20b).
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| 4. |
As the Rambam clearly states in Sefer HaMitzvot (loc. cit.), his intent is that the mitzvah of remembering the Sabbath encompasses both kiddush and havdalah. The Maggid Mishneh cites opinions that maintain that the mitzvah to "remember the Sabbath" applies only at the commencement of the Sabbath, but not at its conclusion. According to this view, the obligation to recite havdalah is Rabbinic in origin, without any connection to the Biblical commands, "Remember" and "Observe."
Among the practical distinction between these two approaches is the conception of a woman's obligation to recite havdalah. According to the Rambam, there is no difference between a woman's obligation and that of a man. The other view, by contrast, allows for the conception that women are not obligated to recite the havdalah prayer.
The Shulchan Aruch (Orach Chayim 296:8) cites both opinions (but appears to favor the Rambam's view). The Ramah suggests that a woman should fulfill her obligation by listening to a man's recitation of this prayer. When this is not possible, a woman should recite the havdalahherself. A man who has fulfilled his obligation should not, however, recite the prayer for the sake of a woman (Shulchan Aruch HaRav 296:19; Mishnah Berurah 296:35-36).
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| 5. |
Although the Sabbath is part of the internal rhythm of creation, it was given to the Jewish people alone as a heritage to observe and make part of their lives.
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| 6. |
For in the narrative of creation, God rested on the Sabbath day.
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| 7. |
In the Bible, the term "convocation of holiness" refers to the festivals. The Sabbath is the first and foremost of these holy days. Therefore, in Leviticus, Chapter 23, when the festivals are mentioned, the Sabbath is mentioned first.
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| 8. |
In the Guide for the Perplexed, Vol. II, Chapter 31, the Rambam explains the connection between the exodus from Egypt and the Sabbath. In Egypt, the Jews were slaves and unable to control when they could cease work and rest. By ceasing work every week, they recall God's kindness in delivering them.
The Ramban (in his Commentary on the Torah, Deuteronomy 5:15) offers a different explanation. The exodus from Egypt expresses God's infinite power. If a person doubts the narrative of creation, he can resolve those questions by considering the historical evidence of the miracles of the exodus.
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| 9. |
Herein, there is a unique homiletic point. God's choice of the Jewish people is expressed, not in granting them dominion over other nations or bestowing inordinate resources of wealth and prosperity upon them, but rather in granting them the Sabbath and its atmosphere of holiness and peace.
Rav Zerachiah HaLevi notes that the three times God's desire and favor are mentioned this passage refer to the three dimensions of the Jews' connection with the Sabbath: the Sabbath of creation, the Sabbath of the exodus, and "the age that is all Sabbath and rest for life everlasting" - i.e., the era of the Redemption.
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| 10. |
All four of the distinctions mentioned are reflected in the transition from the Sabbath to the weekdays. For, as we progress from day to night on the eve between the Sabbath and the days of activity that follow, the Jews - and not the people of the world at large - pass from an atmosphere of restful holiness to involvement with the mundane details of their existence.
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| 11. |
For this marks the transition from the weekdays to the Sabbath. More particularly, the most select way of performing the mitzvah is to recite the kiddush shortly after nightfall (Shulchan Aruch HaRav 271:16).
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| 12. |
Note that the Shulchan Aruch (Orach Chayim 271:8) describes the recitation of the blessing at this time as compensation for the mitzvah of sanctifying the Sabbath at night.
When reciting kiddush during the day, one should recite the entire blessing usually recited on Friday night. The passage Vayechulu should not, however, be recited (Ramah, Orach Chayim, loc. cit.).
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| 13. |
Until sunset. Between sunset and the appearance of three stars on Saturday night, the blessing should be recited without mentioning God's name (Mishnah Berurah 271:39).
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| 14. |
In Talmudic times, this situation was wont to occur because wine was scarce. People would often be unable to obtain wine on Saturday night, but would be able to secure it the following day.
At present, the most common example of the delay of the recitation of the havdalah occurs when the fast of Tish'ah B'Av is observed on a Sunday. In that instance, havdalah is not recited until Sunday night.
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| 15. |
The first three days of the week are still associated with the previous Sabbath. Therefore, the recitation of havdalah is still appropriate (Pesachim 106a).
There are authorities who differ, maintaining that one may not recite havdalah after sunset on Sunday. Also, the Halachot Gedolot states that a person who has eaten before reciting havdalahmay no longer recite this prayer from Sunday onward. Although the later authorities do not accept these views, they do urge that the recitation of havdalah not be delayed any later than necessary.
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| 16. |
The blessing over a flame was incorporated into the havdalah ceremony to commemorate the discovery of fire by Adam directly after the conclusion of the first Sabbath. Thus, reciting this is appropriate only on Saturday night. Similarly, when havdalah is recited from Sunday onward, the blessing over the spices is also omitted (See Halachah 29, and Shulchan Aruch, Orach Chayim299:5).
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| 17. |
Whenever the performance of a mitzvah is associated with a specific time, our Sages forbade partaking of a meal from the time when the obligation to perform the mitzvah begins until one actually performs it. With regard to kiddush and havdalah, however, they were more stringent and forbade even tasting food until one performs the mitzvah. They enforced this stringency because the most favorable manner of performing both these mitzvot is to do so at the beginning of the evening (Shulchan Aruch HaRav 271:9).
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| 18. |
I.e., from sunset onwards. The procedure to be followed by a person who begins a meal before sunset and continues eating is described in Halachah 12. The restrictions mentioned in this halachah also apply to a person who accepts the Sabbath before its actual commencement (Mishnah Berurah 271:11).
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| 19. |
Needless to say, the performance of labor is not mentioned with regard to kiddush, for performing labor on the Sabbath is forbidden regardless.
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| 20. |
The Maggid Mishneh maintains that this leniency applies both before kiddush and beforehavdalah. However, based on the rulings of the Rashba, the Shulchan Aruch (Orach Chayim271:4, 299:1) states that drinking water before reciting kiddush is forbidden. One may, however, drink water before havdalah.
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| 21. |
The performance of one undesirable act is not reason to perform another. As soon as one becomes conscious of the obligation to recite kiddush or havdalah, he should cease eating and fulfill the mitzvah (Shulchan Aruch, Orach Chayim 271:4).
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| 22. |
The Magen Avraham 271:1 explains that the Rabbinic obligation to recite kiddush over wine does not replace the Biblical commandment entirely. Accordingly, the recitation of the Sabbath prayers in the Shemoneh Esreh of the evening service represents the fulfillment of one's obligation to sanctify the Sabbath.
Although one is also required to recite kiddush before one's meal to fulfill the obligation instituted by our Sages, there is room for certain leniency, because one has already fulfilled one's obligation according to the Torah. For example, a person who is certain that he has recited the evening service, but is in doubt whether or not he has recited kiddush, should not recite the latter prayer. Note, however, Sefer HaKovetz, which interprets these concepts in a different manner.
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| 23. |
In Hilchot Tefillah 2:12, the Rambam mentions the inclusion of havdalah in our evening prayers by the addition of the passage Attah Chonantanu to the fourth blessing of the Shemoneh Esreh.
When the Men of the Great Assembly ordained the prayers and blessings for the Jewish people, the Jewish people were needy and could not afford wine. Therefore, these Sages ordained the recitation of havdalah in prayer. Afterwards, when the fortunes of the people improved, the Sages ordained that they should recite this blessing over a cup of wine, like kiddush.
Subsequently, our people's prosperity suffered and the Sages reinstituted the blessing into the prayer service. Nevertheless, in order to prevent the matter from being totally dependent on socio-economic factors, they established the following guidelines: A person should recite thehavdalah prayers in the Shemoneh Esreh of the evening service. Afterwards, he should try to obtain wine in order to fulfill the mitzvah as the Sages prescribed. If, however, this is not possible, his recitation of the prayer in the evening service is sufficient to fulfill his obligation.
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| 24. |
Here, the Rambam is not necessarily referring to a person who recited the passage Attah Chonantanu in the evening prayers. To be permitted to perform labor, it is sufficient to recite the phrase, "Blessed be He who distinguishes between the holy and the mundane," without reciting God's name or mentioning His sovereignty. Indeed, this is a frequent practice for women, who do not always recite the evening service.
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| 25. |
But not to eat or to drink.
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| 26. |
For we follow the principle תדיר ושאינו תדיר, תדיר קודם Whenever a person has a choice of reciting two blessings, one frequently recited and one less frequently recited, he first recites the one that is more frequently recited.
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| 27. |
This refers to the ritual washing before partaking of bread. The order suggested by the Rambam is quoted by the Shulchan Aruch (Orach Chayim 271:12). Significantly, the Ramah states that it is preferable to wash one's hands and recite the blessing before reciting kiddush. (See Halachah 10 and notes.) He writes that this is the common practice in the Ashkenazic community. (Significantly, the Shulchan Aruch HaRav 271:23 and the Mishnah Berurah 271:62 differ and suggest adhering to the ruling of the Shulchan Aruch.)
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| 28. |
A revi'it is 86.6 cubic centimeters according to Shiurei Torah and 150 cubic centimeters according to the Chazon Ish.
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| 29. |
These are the requirements Berachot 51a mentions with regard to a cup of blessing. In contrast to Rashi, the Rambam considers the term "cup of blessing" as referring primarily to the cup over which kiddush is recited. He does, however, also apply these principles to the cup over which grace is recited. (See Hilchot Berachot 7:15.)
Based on this distinction, the cup must also be whole, without a crack or chip; it should be filled to the brim; and no one should have drunk from the wine in the cup beforehand (Shulchan Aruch HaRav 271:18).
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| 30. |
The Rambam is speaking about Arab countries, where people would eat while sitting on mats on the ground. When eating at a table, one is obligated to lift the cup a handbreadth above the table.
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| 31. |
This recitation of this passage acknowledges God's creation of the world. Accordingly, Shabbat119b states, "Whoever recites the passage Vayechulu on Friday night is considered to be God's partner in creation."
The Rokeach mentions that we should recite Vayechulu three times on Friday night - and this, indeed, is our practice: once in the Shemoneh Esreh of the evening service, once communally after the Shemoneh Esreh, and once in Kiddush.
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| 32. |
A cheekful is slightly more than half of a revi'it (Shulchan Aruch, Orach Chayim 271:13). This, however, refers to a cheekful of an ordinary person. More particularly, the measure of a "cheekful" depends on the size of an individual person's mouth - i.e., were a person to swish the wine in his mouth to one side, that cheek would look full (Shulchan Aruch HaRav 271:24;Mishnah Berurah 271:68).
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| 33. |
These people are not required to partake of a revi'it. Indeed, they may fulfill their obligation forkiddush by reciting Amen, without partaking of the wine at all (Magen Avraham 271:30). Nevertheless, it is preferable that everyone be given from the cup of kiddush or have cups of wine before them (Shulchan Aruch, Orach Chayim 271:14).
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| 34. |
Tosafot (Pesachim 101a) derive this law from the exegesis of Isaiah 58:13: "And you shall call the Sabbath, 'a delight.' It explains that "calling the Sabbath" - reciting kiddush - must be in the place of "a delight," one's Sabbath meal.
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| 35. |
We have translated the word בית as "house" according to its literal meaning. The Maggid Mishneh, however, suggests that in this context, the term should be rendered as "room" - i.e., one may move from one corner to another in the same room, but not from one room to another in the same house. (See also Hilchot Berachot 4:5 and commentaries, where this term is used in a similar context.)
The Maggid Mishneh mentions, however, that there are authorities who interpret בית as "house." According to their view, if two rooms are in the same house, one may recite kiddush in one and eat the Sabbath meal in the other, provided one has this intention when reciting kiddush. The Ramah (Orach Chayim 273:1) rules according to this interpretation.
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| 36. |
Even if the person had the intent of eating his meal in the second place when he recited kiddushand does so without any unnecessary interruption, he does not fulfill his obligation and must recite kiddush again.
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| 37. |
I.e., the kiddush is not part of the prayer service, but was instituted merely for the sake of these individuals. Nevertheless, in one of his responsa, the Rambam writes that after the custom of reciting kiddush in the synagogue was established, it should be continued even if there are no guests present in the synagogue. [At present, this custom is not usually followed in the Sephardic community, and there are many communities in the Ashkenazic community that have also discontinued it.]
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| 38. |
Rabbenu Yitzchak Alfasi explains the difference between the two blessings: Kiddush was instituted as the beginning of the Sabbath meal. Hence, it is also appropriate that it be recited over bread. Havdalah, by contrast, has no connection with a meal. Therefore, bread may not be used.
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| 39. |
In this ruling, the Rambam follows the interpretation of Pesachim 106b suggested by Rabbenu Yitzchak Alfasi and other Rishonim. There are, however, other interpretations of this passage, which lead to the ruling of the Ramah (cited in Note 27) that one should always wash one's hands before reciting kiddush.
(Although the Ramah's view is not accepted by the later authorities, the Mishnah Berurah 271:62 states that it is of sufficient weight to be relied on in the case described by the Rambam here: a person who desired to recite kiddush over wine, but washed his hands previously. Rather than recite the kiddush over bread, the person may recite kiddush over wine.)
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| 40. |
Pesachim 106a relates that this practice is derived from Exodus 20:8: "Remember the Sabbath day"; a remembrance must be made on the day itself. (See also Chapter 30, Halachah 9.)
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| 41. |
The Maggid Mishneh explains that this term is used as a euphemism, as one calls the blind sagi nahor, "of great light."
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| 42. |
The Ra'avad objects to the Rambam's ruling and rejects the concept of reciting kiddush on the Sabbath day. In his rebuttal of the Ra'avad's words, the Maggid Mishneh states that it is impossible to recite kiddush on the Sabbath day on bread. The Shulchan Aruch HaRav 289:2, however, uses the Ra'avad's ruling to reach a third position, that although kiddush is required during the day as well as at night, one may recite the kiddush on bread.
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| 43. |
The Shulchan Aruch (Orach Chayim 289:1) permits one to drink water before prayer, because "the obligation to recite kiddush is not incumbent on one at that time." This leniency has been extended by the later authorities to drinking coffee, and by some to partaking of pastry.
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| 44. |
From this time onward, the person must observe all the Sabbath laws. Note the Magen Avraham267:1, which states that a person may only recite kiddush from plag haminchah onward - i.e., no more than one and a quarter "seasonal" hours (שעות זמנוית) before sunset.
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| 45. |
The Shulchan Aruch (Orach Chayim 293:3) prescribes this leniency only for a person who is אנוס, "pressured by forces beyond his control." Needless to say, even after reciting havdalah, the person must observe all the Sabbath laws. The blessing over fire should not be recited until sunset.
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| 46. |
I.e., as soon as the sun sets, one must cease eating and cover the table for kiddush. (See also Chapter 30, Halachah 4, which states that one should not plan to eat a meal on Friday afternoon, so that one will enter the Sabbath with an appetite.)
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| 47. |
The bread should always be covered during kiddush. In this instance, covering it serves a further purpose, making it appear as if it had been placed on the table in honor of the Sabbath (Shulchan Aruch HaRav 271:10).
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| 48. |
The Maggid Mishneh and the Shulchan Aruch (Orach Chayim 271:4) state that if one had been drinking wine previously, one should recite kiddush over a cup of wine without reciting the blessing borey pri hagefen.
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| 49. |
From the Rambam's wording, it would appear that he does not require the recitation of the blessing hamotzi when one resumes eating. Rabbenu Yitzchak Alfasi and Rabbenu Asher differ and require the recitation of this blessing, because at the time the person recited kiddush it was forbidden for him to partake of bread.
The Shulchan Aruch (loc. cit.) mentions both opinions. Shulchan Aruch HaRav 271:11 and theMishnah Berurah 271:18 suggest following the Rambam's view. For whenever there is an unresolved question of whether or not a blessing should be recited, the practice is not to recite it.
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| 50. |
When one partakes of a portion of food the size of an olive after nightfall, one is obligated to mention the Sabbath in the grace, for this is considered to be one of the Sabbath meals (Shulchan Aruch HaRav 271:13; Mishnah Berurah 271:30).
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| 51. |
This refers to a meal including bread that he began before sunset. If one did not begin eating before sunset, eating or drinking is forbidden. (See Halachah 5.) Moreover, if one is eating or drinking, but is not in the midst of a meal including bread, one is obligated to cease eating at sunset. There are, however, certain opinions that allow one to begin eating after sunset or to continue partaking of foods outside a meal until a half hour before the appearance of the stars (Mishnah Berurah 299:1).
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| 52. |
I.e., one is allowed to continue eating after nightfall. Although the Sefer Mitzvot Gadol requires one to interrupt one's meal and recite havdalah directly after the appearance of three stars, this opinion is not accepted by the later authorities (Ramah, Orach Chayim 299:1).
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| 53. |
For mayim acharonim, the washing that precedes grace.
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| 54. |
For it is preferable - although not obligatory - to recite grace over a cup of wine. (See Hilchot Berachot 7:15.)
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| 55. |
The Ra'avad and others raise questions concerning the Rambam's decision. For Pesachim 102b states, as the Rambam himself quotes in the following halachah, "we do not observe mitzvot in bundles" - i.e., one cup of wine should not be used to fulfill two separate mitzvot.
The Maggid Mishneh offers a possible resolution for the Rambam's ruling: The above principle applies only when the two mitzvot are connected with two different times - e.g., kiddush and grace, as mentioned in the subsequent halachah. For grace is associated with the preceding meal, and kiddush with the Sabbath day that will follow. In contrast, in the present halachah, bothhavdalah and grace are associated with the previous time - the Sabbath - and the previous meal. Nevertheless, the Maggid Mishneh himself agrees with the Ra'avad that the Rambam's ruling should be followed only in a situation where one does not have another cup of wine available. This opinion is also quoted by the Shulchan Aruch (Orach Chayim 299:4) and accepted by the later authorities.
[Rav Kapach offers another justification for the Rambam's ruling, based on the final phrase of the following halachah, which states that both kiddush and grace are "mitzvot of the Torah."Havdalah, Rav Kapach explains, is Rabbinic in origin and therefore can be combined with grace and recited over a single cup. Although this resolution appears closest to the Rambam's wording in these two halachot, it is difficult to reconcile with the Rambam's statements at the beginning of the chapter and in Sefer HaMitzvot (Positive Commandment 155) that the mitzvah of recitinghavdalah has its source in the Torah itself.]
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| 56. |
For drinking - even drinking wine - is not considered significant enough to override the obligation to recite havdalah.
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| 57. |
He must stop drinking at sunset (or half an hour before the appearance of the stars), but preferably should not recite havdalah until after the appearance of three stars.
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| 58. |
The Shulchan Aruch (Orach Chayim 271:6) also quotes the opinion of Rabbenu Asher, and states that reciting grace in such a situation generates several doubts: whether or not to mention the Sabbath in grace, whether or not to partake of the cup over which grace was recited, and whether or not a second meal is required so that kiddush will be "in the place of a meal."
Therefore, it is preferable to recite kiddush in the midst of the meal, as mentioned in the previous halachah, to eat a small amount on the Sabbath, and then to recite grace. The Ramah suggests following this view.
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| 59. |
See the notes on the previous halachah.
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| 60. |
See Hilchot Issurei Mizbe'ach 5:1, 6:9. (See also Hilchot Ma'achalot Asurot 11:9-10, which mentions these concepts with regard to the prohibition against using wine employed by gentiles for their libations.)
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| 61. |
Needless to say, this also applies to sugar.
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| 62. |
These are forbidden to be offered on the altar in any form, as derived from Leviticus 2:11, which states, "You shall present no leavening agent and no sweetener...."
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| 63. |
The western lands the Rambam refers to are Morocco and Muslim Spain.
The Jerusalem Talmud (Pesachim 10:1) states that one may use sweetened wines for kiddush. The Shulchan Aruch (Orach Chayim 272:8) mentions both opinions. The Ramah states that it is customary to follow the more lenient view. This issue is very significant, for almost all commercially produced wines have sugar added to them.
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| 64. |
This applies even if the wine's taste is unaffected (Shulchan Aruch, loc. cit.:1).
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| 65. |
In Talmudic times, wine that was left uncovered was forbidden, out of fear that poisonous snakes might have deposited venom in it. (See Hilchot Rotzeach UShemirat HaNefesh 11:6-8,10.) At present, this circumstance is extremely rare, and it is customary to partake of wine even after it has been left uncovered. Nevertheless, such wine is unacceptable for kiddush, because using it for a mitzvah is not considered respectful (Shulchan Aruch HaRav 272:1; Mishnah Berurah272:3).
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| 66. |
In this instance as well, there are many authorities who differ with the Rambam and permit the use of such wine, based on the Jerusalem Talmud (loc. cit.). Here, also, the Shulchan Aruch(loc. cit. 272:8) mentions both opinions, and the Ramah states that it is customary to follow the more lenient view. This issue is also very relevant today, for many wines and grape juices undergo pasteurization before being sold.
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| 67. |
Indeed, as the Shulchan Aruch (Orach Chayim 204:4) states, it is not proper to recite the blessing borey pri hagefen over this beverage.
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| 68. |
The Shulchan Aruch (Orach Chayim 204:5) emphasizes that this law depends on the strength of the wine. Our wines are not as strong as those of the Talmudic period, and hence the ratio of one to four is not sufficient to require the blessing borey pri hagefen. This law is also relevant with regard to commercially produced wines, which are often heavily diluted before being sold.
|
| 69. |
The Ra'avad states that this restriction applies only when one drinks from a cup of wine and not from a larger container. The Rambam's view is, however, accepted by the later authorities. (SeePesachim 106a, which mentions opinions that follow both views.)
|
| 70. |
The Mishnah Berurah 271:43 questions whether a person who only has wine from which others have drunk should recite kiddush over it, or whether he should recite kiddush over bread instead.
|
| 71. |
I.e., wine into which bread has been dipped. Beitzah 21b states that such wine is unfit for human consumption and should be given only to chickens. Even if wine has not been spoiled to this extent, after a person has drunk from a cup, reciting kiddush over it is forbidden.
|
| 72. |
After stating this law, however, the Shulchan Aruch (Orach Chayim 272:3) states that it is preferable to use wine that is choice in all respects for the mitzvah.
|
| 73. |
Indeed, as stated in Hilchot Berachot 7:15, wine should be diluted before using it for a "cup of blessing." (See, however, the notes on Halachah 15 regarding the extent of the dilution.)
|
| 74. |
Although grape juice was acceptable as a wine libation only after the fact (בדיעבד, Hilchot Issurei Mizbe'ach 6:9), it is acceptable for kiddush. Nevertheless, using wine that has fermented is a more favorable way of performing the mitzvah (Shulchan Aruch HaRav 272:2; Mishnah Berurah272:5).
|
| 75. |
Needless to say, the grapes must be squeezed before the commencement of the Sabbath.
|
| 76. |
For if there is no wine available, kiddush may - and should - be recited over bread.
|
| 77. |
Since havdalah may not be recited over bread, these beverages should be used as an alternative.
This is the Maggid Mishneh's interpretation of the Rambam's ruling, based on Pesachim 107a. The Shulchan Aruch (Orach Chayim 272:9), however, mentions other views: that one may recitekiddush over beer in places where wine is not easily available, and that of Rabbenu Asher, which states that, at night, one should recite kiddush on bread if wine is not available. During the day, however, it is preferable to recite kiddush over other beverages. The Ramah states that Rabbenu Asher's view should be followed.
If wine is easily available, however, kiddush should not be recited on these other beverages. With regard to havdalah, the Ramah (Orach Chayim 296:2) states that it is preferable to recitehavdalah over a cup of wine from which a person has drunk, rather than to use another beverage. Although this ruling is not accepted by the later authorities, Shulchan Aruch HaRav296:8 states that a person who possesses wine at home should not recite havdalah over other beverages.
|
| 78. |
It must be emphasized that the term חמר מדינה, "a beverage used as a substitute for wine in one's country," must be widely used in that country. If it is not, it is not acceptable. (See Mishnah Berurah 296:9.)
Water (Shulchan Aruch, loc. cit.), milk and oil (Mishnah Berurah 272:25), and apple cider and borscht (Mishnah Berurah 296:10) are also not considered acceptable. From these exclusions, we can appreciate the types of beverages that are acceptable.
|
| 79. |
From the Rambam's description of the holidays as "Sabbaths of God," he appears to be implying that the mitzvah of reciting kiddush on these days is included in the mitzvah to "remember the Sabbath," which is the source for the mitzvah of reciting kiddush on the Sabbath. A similar intent appears in the comments of the Mechilta on that verse.
The Magen Avraham 271:1 cites the Maggid Mishneh as differing with this interpretation and stating that the obligation to recite kiddush on holidays is Rabbinic in origin.
|
| 80. |
For chol hamo'ed has a lesser level of holiness, since the prohibitions against performing the forbidden labors do not apply. There are, however, restrictions against work, as stated in Hilchot Sh'vitat Yom Tov, Chapter 7.
|
| 81. |
For the Sabbath represents a higher level of holiness, since even the labors associated with the preparation of food are prohibited.
|
| 82. |
Since the holiday represents a lower level of holiness, it is not appropriate to say havdalah, but only kiddush. (See the conclusion of Chapter 5, where the two final points are mentioned.)
|
| 83. |
God's choice of the Jewish people is mentioned at the outset in the kiddush for festivals, but not at the beginning of the kiddush for the Sabbath. Our Rabbis explain that God's choice of the Jewish people is associated with the exodus and the giving of the Torah. Since the uniqueness of the Sabbath was established before these events, it takes primacy. The festivals, by contrast, were established to commemorate those events that are directly associated with God's choice of the Jewish people.
Significantly, the authoritative manuscripts of the Mishneh Torah mention a slightly different text for this blessing. Instead of beginning "who has chosen us," it begins "who has sanctified us."
|
| 84. |
See Hilchot Tefillah 2:5. The sanctity of the Jewish people is mentioned before the sanctity of the festivals, because God sanctifies the Jews and it is they - through their keeping the calendar through the sanctification of the months - who sanctify the festivals (Beitzah 17a).
|
| 85. |
The sanctification of the Sabbath is mentioned first, because the Sabbath is sanctified by God directly, independent of the spiritual service of the Jewish people (ibid.).
|
| 86. |
Leviticus 23:24 refers to Rosh HaShanah as "a day of recalling the sounding of the shofar."Numbers 29:1 refers to it as "a day of sounding the shofar." On this basis, our Rabbis understand "recalling" as a separate concept, and describe Rosh HaShanah as "the Day of Remembrance," the day when we ask God to remember us for good.
|
| 87. |
In many communities, the text of this phrase is generally יום תרועה, "a day of sounding [the shofar]." Only on the Sabbath, when the shofar is not sounded, is the text employed by the Rambam used.
|
| 88. |
As indicated by Rosh HaShanah 16a, our divine service on Rosh HaShanah centers on the acceptance of God as our King. Therefore, this concept is mentioned in the conclusion of this blessing.
|
| 89. |
This law appears to corroborate the thesis that the Rambam sees kiddush on the holidays as an obligation with a source in the Torah itself. Therefore, he clarifies that just as Halachah 6 states that the Sages instituted the obligation that kiddush be recited over wine on the Sabbath, they imposed a similar obligation on holidays.
|
| 90. |
See Halachah 9.
|
| 91. |
See Halachah 10.
|
| 92. |
It is customary merely to look at the festive candles on the table. One need not hold them together and gaze at one's nails, as is the usual custom on Saturday night.
|
| 93. |
Merkevet HaMishneh notes that in Hilchot Tefillah 2:14, the Rambam states that in one's prayers during the evening service, one should add the phrase "You distinguished between the holiness of the holidays and the holiness of the Sabbath." He does not, however, recommend making this addition in havdalah. It is, however, customary in most communities to make this addition.
|
| 94. |
See the following halachah.
|
| 95. |
This also includes the second day of the holiday celebrated in the diaspora and the second day of Rosh HaShanah.
|
| 96. |
As the Rambam states in Hilchot Berachot 11:9, the blessing Shehecheyanu is recited when performing any mitzvah that we are obligated to fulfill only at a specific time. This also applies to the mitzvah of observing the festivals. Needless to say, on Yom Kippur the blessing is recited in the synagogue, and not during kiddush. On Yom Kippur, women should recite this blessing while lighting candles and should not repeat it in the synagogue.
|
| 97. |
Shemini Atzeret is, by contrast, considered to be a festival in its own right (Sukkah 47a), and we recite the blessing Shehecheyanu on that day and on Simchat Torah.
|
| 98. |
See Sukkah 47b, which states that this wording implies that a person who failed to reciteShehecheyanu on the first day of the festival may compensate by reciting it later.
|
| 99. |
Significantly, the Rambam does not mention the custom of reciting the passage containing select Biblical verses beginning Hiney E-l Yeshuati.
|
| 100. |
See Halachah 29.
|
| 101. |
Berachot 52b explains that this wording is chosen because there are many colors of light in a flame.
|
| 102. |
Note the Rambam's Commentary on the Mishnah (Berachot 8:6), from which it appears that one is actually required to derive benefit from the havdalah light. (In this context, see the Midrash Sachar Tov, commenting on Psalms 35:10, which mentions the custom of gazing at one's nails in the light of the havdalah candles.) The Shulchan Aruch (Orach Chayim 298:4), by contrast, states that one must stand close enough to the light to benefit from it, implying that there is no obligation actually to derive benefit from the light.
|
| 103. |
The Mishnah (loc. cit.) also mentions spices belonging to gentiles. The Rambam omits mention of this subject here, relying on his discussion of the prohibition against using such spices in Hilchot Berachot 9:7-9.
|
| 104. |
Significantly, according to Rabbenu Yitzchak Alfasi, Berachot 52b appears to offer this rationale only with regard to spices belonging to gentiles. With regard to a gentile's flame, it offers another reasoning: because the gentile's flame has not rested on the Sabbath. In his Commentary on the Mishnah (loc. cit.), the Rambam also quotes Rabbenu Yitzchak Alfasi's view. In these halachot, however, he mentions this principle only in Halachah 27, appearing to indicate that the need for a candle to "rest" on the Sabbath applies only to candles lit by Jews. Since the gentiles are not bound by the Sabbath laws, this principle does not apply to them at all.
The Shulchan Aruch (loc. cit.:5) quotes Rabbenu Yitzchak Alfasi's view and forbids using a candle that a gentile lit during the day. With regard to a candle lit by a gentile at night, see the following halachah.
|
| 105. |
In his explanation of these laws in his Commentary on the Mishnah (loc. cit.), the Rambam states:
The prohibition against benefiting from entities associated with false divinities is detailed in Chapters 7 and 8 of Hilchot Avodat Kochavim.
|
| 106. |
For this was kindled to give honor to the deceased and not to provide light for others to benefit from (Shulchan Aruch, loc. cit.:12).
|
| 107. |
The Maggid Mishneh specifies that this does not refer to a flame lit at a gathering of gentiles.Shulchan Aruch Rav 298:9 and the Mishnah Berurah 298:20 explain that this decision was rendered even though one might think it proper to forbid using a light taken from a gentile at night, lest one use a light kindled by the gentile during the day. According to the Rambam, however, the meaning is that since a Jew is involved, there is no intention for the worship of false divinities.
|
| 108. |
According to the Rambam, it would appear that we suspect that the gentiles lit the flame for the sake of worshiping their divinities.
In contrast, the Magen Avraham 298:11 states that this is a decree, lest the gentile light from a flame kindled on the Sabbath directly after the Sabbath's conclusion. He continues postulating that, after the fact, a person who recites a blessing over such a flame is considered to have fulfilled his obligation.
|
| 109. |
This ruling reflects the Rambam's conception of Berachot 53a. Since these fires are not generally kindled for the purpose of producing light, one should not use them for the blessing. Nevertheless, since it is customary to benefit also from their light, one fulfills his obligation.
Significantly, the Shulchan Aruch (Orach Chayim 298:10) and most other authorities follow Rav Hai Gaon's interpretation of the passage, which explains that directly after these flames are kindled, one may not recite a blessing over them, since they are then intended for purposes other than producing light. When, however, those purposes have been accomplished and the flames continue burning, one may recite the blessing over them.
|
| 110. |
Note the Shulchan Aruch (loc. cit.:9), which states that this law applies only when the fire was kindled for the purpose of producing light. Otherwise, a blessing should not be recited.
|
| 111. |
Candles are often lit in synagogues and houses of study as a token of respect for the place, and not to produce light. Therefore, it is not proper to recite a blessing over this light unless it was lit for the benefit of an individual, so that he will use it for his needs.
|
| 112. |
Because it produces a large quantity of light with different colors of flame (Shulchan Aruch HaRav 298:4; Mishnah Berurah 298:5). Note Rav Tanchum of Jerusalem, who interprets the Hebrew אבוקה as referring to a beeswax candle. Although his interpretation is not accepted, it is customary to use beeswax for this mitzvah (ibid.).
|
| 113. |
On the night following Yom Kippur, by contrast, we are obligated to search for a candle that burned throughout the day, over which to recite the blessing (Maggid Mishneh; Shulchan Aruch, loc. cit.:1).
|
| 114. |
Although this fire was kindled on the Sabbath, since it was permitted to do so, it may be used for the mitzvah. If, however, it was kindled on the Sabbath in transgression of the law, it may not be used, for the light used for this blessing must have "rested from sin" on the Sabbath (Maggid Mishneh).
|
| 115. |
Bereshit Rabbah 12:6) relates that after the sun set following the first Sabbath, Adam became frightened. G-d prepared two boards for him. He struck them together and brought forth fire.
|
| 116. |
I.e., we do not recite the blessing over light that was kindled on that night, but on a candle that had burned throughout the holiday. It is, however, acceptable to use a candle that was lit from a candle that burned throughout the holiday (Shulchan Aruch and Ramah, Orach Chayim 624:5).
|
| 117. |
I.e., from Sunday to Thursday. As mentioned in Halachah 18, when a holiday falls on Friday,havdalah is not said.
|
| 118. |
There is a slight imprecision with the Rambam's wording, for it is not customary to recite the blessing for spices at this time, and we are forbidden to recite the blessing over light.
|
| 119. |
See Beitzah 16a, which mentions that God grants us an extra soul on the Sabbath, but takes away this gift after the Sabbath's conclusion. This gift is granted on the Sabbath alone, and not on festivals. Hence the distinction mentioned in the previous halachah.
|
| 120. |
See Berachot 43b, which describes fragrance as an element that brings joy to the soul.
|
Maaser Sheini - Chapter 5
Halacha 1
When a man redeems his produce for the second tithe for himself - whether it is from his own crops, he acquired it as an inheritance, or it was given to him whiletevel as we explained,1 he must add a fifth [of the new total].2 [Thus] if it was worth four, he should give five,3 as [Leviticus 27:31] states: "If a man will redeem from his tithes, he shall add a fifth to it."
Halacha 2
When a woman redeems produce for the second tithe that she separated, she is not required to add a fifth. According to the Oral Tradition,4 we have learned: "If a man [will redeem from] his tithes," excluding a woman. Similarly, if a man redeems [money used to] redeem produce from the second tithe for himself,5he must add a fifth.
Halacha 3
When a person redeems the produce of his second tithe and adds a fifth, and then redeems the money itself a second time, he must add a second fifth of the principal alone. He need not add a fifth for the original fifth.6
Halacha 4
When the fifth of the produce of the second tithe is not worth a p'rutah, [the person redeeming it] need not add a fifth.7 Similarly, when the worth of the produce of the second tithe is unknown,8 it is sufficient for him to say: "The holiness of the produce and its fifth are transferred to this sela."9Whenever a person does not redeem produce from the second tithe with his own money, he need not add a fifth.10 [When one redeems] produce from the second tithe that is demai, he need not add a fifth.11
Halacha 5
When a person is redeeming produce of the second tithe and he has other produce from the second tithe that was not redeemed whose fifth is not worth ap'rutah, it is sufficient for him to say: "The holiness of it and its fifth are transferred to the money [set aside] originally."12 [This leniency is granted,] because it is impossible to require a person to be precise with his money.13
Halacha 6
When a person redeems produce from the second tithe for more than its worth, that additional value is not considered as money from the second tithe.14
Halacha 7
When the owner of the produce bids a sela to redeem it and another person also bids a sela, the owner is given precedence, because he is required to add a fifth. If, however, the owner bids a sela and another person bids a sela and ap'rutah, that other person is given precedence, because he increases the principal.15
Halacha 8
It is permitted to act "guilefully" with regard to the redemption of produce of the second tithe.16 What is implied? A person may tell his son or daughter who are beyond majority or his Hebrew servant:17 "Here is this money. Use it to redeem this produce from the second tithe," so that they will not have to add a fifth. He should not say, however: "Use them to redeem it for me."18 Similarly, he is not required to add a fifth if he tells them: "Redeem it for me using your money."19
Halacha 9
He should not, however, give money to redeem [the produce] to one of his sons or daughters who are below majority20 or to his Canaanite servants or maid-servants, because they do not have an independent financial capacity.21 If he gave the money to his Hebrew maidservant,22 his words are effective if [the obligation to separate] the second tithe from this produce is Rabbinic in origin, e.g., produce grew in a flowerpot without a hole.23 [The rationale is that] a Hebrew maidservant is a minor and a minor can acquire property for others only with regard to matters of Rabbinic Law.24
Halacha 10
Halacha 11
Two brothers,27 two partners, a father and his son, may redeem produce from the second tithe for each other so that they will not have to add a fifth. When a woman brings produce from the second tithe to her husband's home,28 the husband does not acquire it as his own, since it belongs to the Most High, as we explained.29 Therefore, if he redeems it,30 he need not add a fifth.
Halacha 12
A person who redeems produce from the second tithe for himself who paid the principal, but did not pay the additional fifth should not partake of [the produce] until he pays the fifth. [This applies] even on the Sabbath.31 [And it applies] even though the payment of the fifth does not hold back the transfer of holiness [from the produce to the coins]. Indeed, that transfer takes place. [This restriction is] a decree, lest the person be negligent and fail to pay.
Halacha 13
Halacha 14
When a person exchanges a sela of money35 from the second tithe - whether in Jerusalem or outside the city - he should not exchange it entirely for brass coins. Instead, it should be divided into a shekel's worth of silver coins and ashekel's worth of brass coins.
Halacha 15
It is permissible to transfer the holiness of money of the second tithe together with produce from the second tithe to money,36 provided the produce is worth less than a dinar.37 If, however, [the produce] is worth a dinar, its holiness should not be transferred together with that of money. Instead, [it should be transferred] by itself. What is implied? A person possessed produce that was worth a dinar and three dinarim that were of the second tithe, he may not transfer the holiness of the entire amount to one sela.38 If, however, he has a half a dinar of produce and a half a dinar of money, he may transfer the holiness of both to one dinar.
| FOOTNOTES | |
| 1. |
See Chapter 3, Halachah 17. Otherwise, it is forbidden to give the second tithe as a present.
|
| 2. |
Although the produce of the second tithe belongs to God, as it were, since the person partakes of it, the Torah considers as his, with regard to the obligation to add a fifth (Bava Kama 69b).
|
| 3. |
This is true in all instances that the Torah requires that a fifth be added.
|
| 4. |
Kiddushin 24a.
|
| 5. |
Using it to purchase peace sacrifices or the like.
|
| 6. |
For example, if the produce was worth 4, the person redeeming it must originally pay 5 and then, if he must pay an additional 1. He need not pay an additional 1.2.
|
| 7. |
Because anything less than a fifth is not considered as financially significant. According to the Rambam, he must, however, redeem the produce. Rashi (Bava Metzia 54b), by contrast, maintains that it need not be redeemed at all.
|
| 8. |
The Radbaz distinguishes between this instance and Chapter 4, Halachah 20, which states that when the value of produce is unknown, it should be assessed by three experts, explaining that that halachah is speaking about an instance where the produce has genuine worth, but it can only be determined by experts, not a common person. This halachah, by contrast, is speaking about an instance where its worth is not known at all.
|
| 9. |
This is acceptable, for as mentioned above, after the fact, the transfer of holiness from produce to money is acceptable even if the money is not of equal worth as the produce.
|
| 10. |
The Jerusalem Talmud (ma'aser Sheni 4:3) derives this concept from the exegesis of Leviticus 27:31.
|
| 11. |
Since the obligation to redeem the second tithe of demai is merely Rabbinic in origin, this added stringency was not imposed.
|
| 12. |
The reason why it is acceptable to use the money used to redeem other produce is explained in the following halachah and notes. This leniency is granted because the obligation to set aside the second tithe from such produce is Rabbinic in origin as stated in Chapter 2, Halachah 9. We grant him this leniency rather than require him to bring that produce to Jerusalem or to wait until he has enough other produce so that the fifth will be worth a p'rutah [Rashi (Bava Metzia 53b)].
|
| 13. |
And we assume that, as a safeguard, a person will be somewhat generous in the money he sets aside in redemption of the second tithe, setting aside a little more than the worth of the produce. The holiness of the produce whose fifth is worth less than a p'rutah is transferred to that extra amount (ibid.; Radbaz).
|
| 14. |
In contrast, when a person redeems consecrated money for more than its worth, the extra amount is considered as consecrated [the Jerusalem Talmud (Ma'aser Sheni 4:3)].
|
| 15. |
In his Commentary to the Mishnah (Ma'aser Sheni 4:3; based on the Jerusalem Talmud), the Rambam explains that an increase in the principal is favored over a lesser amount of principal but a greater total, because there are "guileful" means to avoid paying the additional fifth as will be explained.
|
| 16. |
I.e., the intent of the person's "guile" is to avoid paying the additional fifth.
|
| 17. |
All three of these individuals have an independent financial capacity. Hence, they are not considered as acting on behalf of the owner.
|
| 18. |
For then it appears that they are acting on his behalf.
|
| 19. |
For then the other people are considered as acting on their own initiative, even though he gave them instructions. This applies even if the owner of the produce gives the other person an equivalent amount of money, but that person does not use it to redeem the produce.
|
| 20. |
As indicated by Hilchot Terumah 4:5, this is speaking about an instance where the child has reached the age when his vows are significant. In such an instance, his actions are effective even with regard to matters of Scriptural Law.
|
| 21. |
See Hilchot Avadim 5:3, et al.
|
| 22. |
In this instance, she will ultimately have an independent financial capacity when she comes of age. Nevertheless, at present, because she is a minor, she can act on behalf of others only with regard to matters of Rabbinic Law.
|
| 23. |
See Hilchot Terumah 5:14-16.
|
| 24. |
See Hilchot Lulav 8:10 and Hilchot Zechiyah UMatanah 4:7 which explain that a minor can acquire for his or her self, but cannot do so on behalf of another person.
|
| 25. |
Once, however, the second tithe has been separated, it cannot be given as a present - except to be eaten immediately thereafter - for it is considered as "the property of the Most High." Hence, the person who "owns" it on the earthly plane does not have the authority to give it to someone else (Chapter 3, Halachah 17, and Halachah 1 of the present chapter).
|
| 26. |
In his Commentary to the Mishnah (Ma'aser Sheni 4:5), the Rambam explains that here also the owner desires to redeem the produce without paying the additional fifth. Nevertheless, we are speaking about an instance where he is in his field and does not have money at hand. Hence, none of the techniques mentioned in Halachah 8 are effective. What can he do? He can give the produce to another person and redeem it for him. Thus the produce is being redeemed by a person other than its owner at that time. Hence a fifth need not be added.
|
| 27. |
I.e., even if they are partners in other matters. As Chasdei David emphasizes, this leniency does not, however, apply to the redemption of produce which is owned in partnership.
|
| 28. |
When a woman marries, all of the property she owns is given to her husband to use. On the other hand, as the Rambam continues to explain, she is not the owner of the produce of the second tithe and hence, her husband also does not become its owner.
|
| 29. |
Chapter 3, Halachah 17.
|
| 30. |
With his own money. As mentioned in Halachah 2, a woman is never required to add a fifth when redeeming produce for herself. If, however, she redeems produce for her husband with her own money, she is required to add a fifth (Radbaz).
|
| 31. |
In which instance, it is a mitzvah to delight in food and drink.
|
| 32. |
As mentioned above, the second tithe must be redeemed with silver. Now gold is much more valuable than silver so that by exchanging the silver for gold, the person will be lightening his load considerably.
See Ma'aser Sheni 2:7 which states that Rabbi Akiva made such a transfer on behalf of Rabban Gamliel and Rabbi Yehoshua.
|
| 33. |
As stated in Chapter 4, Halachah 5, generally, a person cannot transfer the holiness of money of the second tithe to other money, in this and the following halachah, exceptions are made for they are to the benefit of the second tithe: making the money easier to transport and to use.
|
| 34. |
The addition of this word is based on the gloss of the Radbaz.
|
| 35. |
I.e., a sela is a coin of relatively large value. It is easier to shop for food with smaller coins. See the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:9).
|
| 36. |
As mentioned above, although generally, a person cannot transfer the holiness of money of the second tithe to other money, an exception is made here, because of the produce that is included in the transfer.
|
| 37. |
The rationale is that when the produce is worth less than a dinar, it is not fit to be redeemed. (For a coin less than a dinar is small and of comparatively little value.) Hence it is to the benefit of the produce from the second tithe that the money be redeemed with it (Kessef Mishneh; based on the Jerusalem Talmud, Ma'aser Sheni 2:8).
|
| 38. |
A sela is four dinarim.
|
Maaser Sheini - Chapter 6
Halacha 1
[The following rules apply when] ordinary money and money from the second tithe become scattered [in the same place]. If he gathered from both sides, what he gathers belongs to the second tithe until he reaches the original amount and then the remainder is ordinary produce.1 If he mixed the coins together2 and grabbed a handful or gathered only from one side, he should calculate the percentage proportionately.3
What is implied? There were 200 coins of the second tithe and 100 ordinary coins. They became scattered. He mixed them and picked them all up, but found only 270, 180 are the second tithe and 90 are ordinary coins. This is the general principle. Those that are gathered are considered as the second tithe. Those that are mixed together are divided according to the percentage.
He should4 make a stipulation and say: "If those in my hand are from the second tithe, the remainder are ordinary money and if they are ordinary money, the holiness from the coins from the second tithe wherever they are is transferred to them."
Halacha 2
When a sela of the second tithe becomes mixed with a sela of ordinary money, one should bring coins - even brass coins5 - worth a sela and say: "Wherever the sela of the second tithe is, its holiness is transferred to these coins." Afterwards, he should chose the better6 of the two [selaim] and transfer the holiness of the brass coins to it. Thus the better selahas been become the money of the second tithe.
Halacha 3
When [a father] tells his son: "Produce from the second tithe is found in this corner," and is found in another corner, it is ordinary produce.7 If he told him: "Amaneh there,"8 and 200 were discovered, the remainder is ordinary money.9"There are 200," and only a maneh was discovered, it is ordinary money.10 If he left a maneh and discovered 200 or 200 and discovered a maneh, the entire amount is ordinary money.11 [This applies] even if the money is found in two wallets.12
Halacha 4
If his father told him: "I have a pouch [with produce] from the second tithe at home," and [the son] found three pouches, the greater one is [considered as containing produce from] the second tithe13 and the remainder are [considered as containing produce containing] ordinary produce. Nevertheless, he should not make use of [the produce from] the smaller pouches until he transfers their holiness to the greater one.14
Halacha 5
[The following laws apply when] a person loses his power of speech. If he was asked: "Is your produce from the second tithe in this-and-this place?" and he nodded his head, he should be tested three times like he is tested with regard to a bill of divorce.15[If it is proven that he understands what he is being told,] his words have consequence.
Halacha 6
If one was told in a dream: "The produce from the second tithe of your father that you are seeking is in this-and-this place," [the statements are of no consequence.16This applies even] if he found the produce there like he was told. For words communicated in a dream are of no significance at all.17
Halacha 7
Although a person tells his sons: "Even if you are dying, do not touch [what is in] that corner,"18 if money is found there, it is considered as ordinary money.19[Different laws apply if] he buried money in their presence and told them: "It belongs to so-and-so" or "It is from the second tithe." If it appears that he is speaking with guile,20we do not pay attention to his words. If it appears that he is serious, his words are given weight.21
Halacha 8
When a person finds a container22 with the letter mem written on it, its contents23 [are considered as] the second tithe.24 When there is a dalet written on it, its contents are considered demai; a tet, tevel; kuf, for a sacrifice. If the container was metal,25 the container and its contents were consecrated for a sacrifice. For in dangerous times,26 they would write one letter from the name [as a sign].
Halacha 9
When coins - even golden dinarim, together with silver, and [brass] coins27 - are found in Jerusalem, they are considered as ordinary money. [The rationale is that] the streets of Jerusalem are swept every day.28 If a shard upon which was written ma'aser,29 it is considered as the second tithe.30
When does the above apply? During the majority of the days of the year. On the pilgrimage festivals, by contrast, all [the money found] is considered as from the second tithe.31
Halacha 10
Money which is found in front of a seller of livestock in Jerusalem are always32considered as from the second tithe. We operate under the assumption that the majority of the clients are bringing money from the second tithe and using it to purchase animals.33 [Money] which is found on the Temple Mount is always considered as ordinary funds. We operate under the assumption that it came from the Temple treasury and the treasurers had already transferred its holiness to an animal.34
Halacha 11
[The following rules apply when] money is found in a chest that had been used for both ordinary produce and the second tithe. If the majority of the people who placed money [in the chest placed money] from the second tithe, the money is considered as from the second tithe. If the majority placed ordinary money, the money is considered as ordinary money.35 If the ratio is half and half, the money is considered as ordinary money.36
Halacha 12
When one find produce between produce of the second tithe and produce that is terumah, it should be included among the type to which it is closest.37 If it is equidistant [from both], it should be eaten according to the stringencies that apply to both. Thus it is forbidden to non-priests; one must wash his hands [before partaking of it],38and must wait until sunset [on the day of one's purification before partaking of it]39like terumah. [Similarly,] it is forbidden to one in an acute state of mourning40 and must be brought [to Jerusalem] as required of the second tithe.
Similar principles apply with regard to coins that are found between ordinary coins and coins from the second tithe.
Halacha 13
When produce that is from the second tithe of demai and produce that is definitely from the second tithe are mixed together, [the mixture] must be eaten according to the more stringent requirements.41
Halacha 14
When produce from the second tithe becomes mixed with ordinary produce, [the mixture] should be eaten in a state of ritual purity in Jerusalem or the second tithe should be redeemed. Therefore if such a mixture takes place in Jerusalem,42 even the smallest amount of the same species43 becomes forbidden [to be eaten as ordinary produce]. Since the produce is in Jerusalem, it is considered as an entity that can be permitted44 and should be eaten in a state of ritual purity.
Halacha 15
When a person sows produce from the second tithe after it had entered Jerusalem,45 the produce which grows is considered as produce from the second tithe.46If he sows it before it enters Jerusalem,47 the produce which grows is considered as ordinary produce even if its seed does not decompose. [Preferably, however,] it should be redeemed at the time it was sown.48
Halacha 16
When produce from the second tithe is mixed with other substances, it is considered as nullified when mixed with a simple majority.49
To which produce from the second tithe does this apply? To produce that entered Jerusalem and then departed from there and afterwards, the walls of the city fell. Thus it is impossible to return it to [the holy city] and it is impossible to redeem since it has already entered that place. [This applies] even though [its fifth] is not worth a p'rutah.50It is a substance that has no way to be permitted and is there nullified by a simple majority, as stated in Hilchot Issurei Ma'achalot.51
| FOOTNOTES | |
| 1. |
And if some coins are lost, the loss is deducted from the ordinary coins [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:5)]. The rationale is that it is possible that the coins of only one type were lost. As a stringency, we assume that it was the ordinary coins that were lost.
|
| 2. |
Before they fell (ibid.).
|
| 3. |
Since they were all mixed together, it is not likely that the loss was suffered by one type of coin alone.
The Radbaz maintains that even if the coins were mixed together after they fell, the money should be divided proportionally, because there is no way of knowing which type of coins one has in hand.
|
| 4. |
This applies in both instances, whether they are scattered or mixed together [the Rambam's Commentary to the Mishnah (ibid.)].
|
| 5. |
It is, however, preferable to use silver (Radbaz). The Meiri differs and maintains that it is preferable to redeem the coins with brass.
|
| 6. |
As mentioned previously, in that time, the mintage of coins were not entirely standard and sometimes there were some fluctuations of weight. Also, some coins could have been affected by wear and tear.
|
| 7. |
Since it was not found in the place where he told him it was located, we assume that the produce from the second tithe was lost and this is new produce.
|
| 8. |
100 silver pieces.
|
| 9. |
I.e., we assume that his father did not mention the ordinary money that was there, but rather informed him only of the money that was from the second tithe, because only those funds were important from a ritual perspective.
|
| 10. |
We assume that the money from the second tithe was taken and that these are different funds.
|
| 11. |
Since the amount he discovered was not the same amount that he put there, we assume that the original funds were taken and that these are new funds. In this instance, the person placed the funds there himself. Hence, there is a difference between this instance and the first clause in which he was conveyed the information by his father.
The Ra'avad notes that the Rambam's ruling appears to be a departure from the ruling of the Mishnah (Ma'aser Sheni 4:12) which states that all of the 100 are the second tithe. The Kessef Mishneh explains that the Rambam's ruling is based on Beitzah 10b which follows this line of thinking.
|
| 12. |
In such an instance, one would have reason to think that one wallet contains the money that is the second tithe and the other ordinary money.
|
| 13. |
This is a stringency since it was not known which of the pouches contained the produce of the second tithe.
|
| 14. |
Lest in fact it had been the smaller ones that contain the produce from the second tithe.
|
| 15. |
See Hilchot Gerushin 2:16 which explains that a person who has lost his ability to speak, but is of sound mind is asked three questions which require different answers, i.e., two positive and one negative or vice versa. If he answers them correctly, the court concludes that he is mentally sound and continues asking him concerning the bill of divorce. See also Hilchot Mechirah 29:3.
|
| 16. |
And the produce is considered as ordinary produce.
|
| 17. |
See Hilchot Zechiyah UMatanah 10:7.
|
| 18. |
I.e., "even if you are dying of hunger do not take the money to spend on your own needs."
|
| 19. |
I.e., we do not say that the father meant that the money was from the second tithe and should not be used for ordinary purposes.
|
| 20. |
So that he does not appear to be rich or so that his sons don't waste the money immediately.
|
| 21. |
See also Hilchot Zechiyah UMatanah 10:5.
|
| 22. |
An earthenware container, as indicated by the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:10).
|
| 23. |
Either money or produce.
|
| 24. |
The mem stands for ma'aser, "tithes." We do not think that the intent is the first tithe or the tithe for the poor, for the consumption of these is not restricted to a specific group.
|
| 25. |
In which instance, the container itself has value and we assume he consecrated it as well. In contrast, an earthenware container is not valuable and would not be consecrated.
|
| 26. |
I.e., in the era of Roman persecution when the Romans tried to stamp out the observance of the mitzvot and the Jews were afraid to write out the entire word.
|
| 27. |
Such a mixture might give the impression that this money was set aside for the second tithe, for generally people do not hold different types of coins together (Rav Yosef Corcus).
|
| 28. |
Generally, we assume that the money found in Jerusalem is ordinary money, because during the majority of the year, there are not that many pilgrims there. Thus we assume that the money fell from one of the inhabitants of Jerusalem. One might, however, object and say that perhaps the money fell from one of the pilgrims during the festivals (see below), but was not discovered until afterwards. Our Sages (Bava Metzia 26a) resolve that query by explaining that since - as a precaution, to remove dead lizards or other objects that impart ritual impurity - the streets of Jerusalem are swept every day, we can assume that any money lost on the festivals would already have been discovered and these are ordinary funds.
|
| 29. |
"Tithes," i.e., the second tithe, for it is the only money of the tithes that may not be used in an ordinary manner.
|
| 30. |
We do not suspect that perhaps the person was carrying ordinary money and the shard from a container in which he had once stored money from the second tithe [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:9)].
|
| 31. |
For then the majority of people in Jerusalem are pilgrims. They bring the money from the second tithes that they collected throughout the year to purchase food in Jerusalem. Thus at that time, most of the money circulating in Jerusalem is from the second tithe.
|
| 32. |
I.e., not only during the pilgrimage festivals, but throughout the year.
|
| 33. |
Animal could be purchased with the funds from the second tithe and this indeed was the practice of the majority of the pilgrims [see the Rambam's Commentary to the Mishnah (Ma'aser Sheni1:4)]. Even during the remainder of the year, there were some pilgrims who came to Jerusalem and they were the majority of the purchasers of animals for slaughter.
|
| 34. |
People were not allowed to bring money to the Temple Mount (Hilchot Beit HaBechirah 7:2). Hence it is most likely that the money found there came from the Temple treasury. Now the priests would not take the money from the Temple treasury until they transferred its holiness to an animal. Hence we can assume that the holiness of the money had already been transferred and the status of the money found was ordinary [see the Rambam's Commentary to the Mishnah (Shekalim 7:2)].
|
| 35. |
The Kessef Mishneh notes that this situation is discussed in greater detail in Pesachim 7a and questions why the Rambam does not cite all the particulars mentioned there.
|
| 36. |
The Ra'avad states that we should rule stringently and consider the majority as from the second tithe. The Radbaz also suggests that they should be considered as from the second tithe and redeemed on other money.
|
| 37. |
See parallels in Hilchot Shekalim 3:15; Hilchot Gezeilah ViAveidah 15:18.
|
| 38. |
As required by Hilchot Terumah 11:7.
|
| 39. |
See ibid. 7:2.
|
| 40. |
See Chapter 2, Halachah 1.
|
| 41. |
The Radbaz states that this is also speaking about a situation where the mixed produce is equidistant from the other two. Chasdei David emphasizes that the Rambam does not say "according to the stringencies that apply to both," because there are no stringencies in the laws applying to the second tithe of demai over produce that is definitely from the second tithe. The stringencies applying to produce that is definitely from the second tithe are mentioned in Chapter 3, Halachot 8-9, Chapter 5, Halachah 4, and Chapter 11, Halachah 8.
|
| 42. |
Where it is forbidden to redeem produce from the second tithe (Chapter 2, Halachah 8).
|
| 43. |
Our translation differs from the standard published text of the Mishneh Torah and is based on authoritative manuscripts and early printings. Note the Kessef Mishneh which offers an alternative explanation.
See Hilchot Ma'achalot Assurot 15:12 which states that the stringency governing an entity that can be permitted applies only to mixtures of the same species.
|
| 44. |
Because no prohibition will be violated if, as the Rambam continues, the entire mixture will be eaten in a state of ritual impurity.
|
| 45. |
When it can no longer be redeemed.
|
| 46. |
And must be treated with all the restrictions incumbent on such produce. This applies even if the seed from which the produce grows decomposes.
|
| 47. |
At which point it can still be redeemed.
|
| 48. |
Preferably, one should redeem it so that one is not nullifying a prohibition by leaving it in the ground, for this should not be done as an initial preference (Hilchot Ma'achalot Assurot 16:12). After the fact, however, the prohibition is nullified.
|
| 49. |
As opposed to other prohibited substances that require 60 or more times the amount of the prohibited substance.
|
| 50. |
In which instance, the obligation to separate the second tithe is merely Rabbinic in origin (see Chapter 2, Halachah 9, and notes).
|
| 51. |
Hilchot Ma'achalot Assurot 15:11 places restrictions on nullifying substances that can become permitted. Implied is that if a substance cannot become permitted, no such restrictions apply.
|
Maaser Sheini - Chapter 7
Halacha 1
Produce that was purchased with money from the second tithe1 should not be redeemed outside Jerusalem unless they contracted ritual impurity from a primary source of ritual of ritual impurity. Instead, they should be brought to Jerusalem and eaten there.
Halacha 2
Halacha 3
Money from the second tithe should be used only to purchase food for humans4that grows from the earth or grows from the products of the earth, e.g., those entities explicitly mentioned in the Torah [Deuteronomy 14:26]: "Cattle, sheep,5wine, and strong drink."
Halacha 4
For this reason, we do not purchase water, salt,6 truffles, and mushrooms7with money from the second tithes, because they are not products of the earth. Similarly, one should not purchase produce that is attached to the earth or produce that cannot be brought to Jerusalem,8 because this does not resemble cattle and sheep.9
Halacha 5
Honey, eggs, and milk are considered like cattle and sheep. Even though they are not produces of the earth, they are the products of its products.10
Halacha 6
A mixture of water and grapes11 that has not turned to vinegar should not be purchased with money from the second tithe, because it is like water. Once it turns to vinegar, it can be purchased [with these funds] like wine or strong drink.12 If one purchased it before it fermented and then it fermented, it is acquired by the second tithe.13
Halacha 7
Halacha 8
Buds from branches16 and carob trees17 before they become sweet may not be purchased [with money from the second tithe].18 After they become sweet, they may be purchased [with those funds]. But luf,19 mustard, vetch, and other produce that is pickled may be purchased [with these funds], whether they have already become sweet or not.20 Date hearts21 may be purchased with money from the second tithe.
Halacha 9
Safron may not be purchased [with these funds], for it serves only as a coloring. Similar laws apply in all analogous situations involving herbs that provide an aroma, color, or taste. Since these herbs are not [included] in foods to partake of be eaten for their substance, only for their flavor, they should not be purchased with money from the second tithe. Therefore spices,22 pepper, costus, chiltit,23 safflower, and the like may not be purchased with money from the second tithes.
Halacha 10
Anise, when used to flavor a cooked dish, should not be purchased with money from the second tithe. If it is used for a dip24 or the like, in which instance, it is part of the food itself, it can be purchased with money from the second tithe.25 If one mixed water and salt and put oil into it, it is considered as brine and may be purchased with money from the second tithe. The cost of the water and the salt should be included in the cost of the oil.26
Halacha 11
One may not use money of Maaser Sheni to purchase produce that isterumah27 because by doing so, one limits the consumption of both [theterumah] and [the second tithe]. For terumah may only be eaten by priests on the evening [after they immersed themselves].28It is permitted to those in the acute state of onein mourning and can be eaten in any place.29 The second tithe, by contrast, is permitted to non-priests and those who immersed themselves that day.30 It is forbidden to one in the acute state of oneinmourning and must be eaten in Jerusalem. Thus, [by purchasing terumah with such funds,] one restricts the consumption of the second tithe and the consumption of terumah.31
Halacha 12
A domesticated animal to be offered as a peace offering may be purchased32from the money of the second tithes,33 since peace offerings may be eaten by non-priests. At the outset, [pilgrims] would purchase animals with the money of the second tithe to partake of them as ordinary meat so that they would not be offered on the altar.34 [Hence,] the court decreed that one could not use these funds to purchase a domesticated animal unless it was brought as a peace offering. One may, however, use these funds to purchase non-domesticated animals35 or fowl, for these are unfit for peace offerings.
Halacha 13
The produce of the Sabbatical year may not be purchased with money from the second tithes, because there is an obligation to destroy it, as will be explained.36
Halacha 14
Halacha 15
When a person inadvertently purchases produce outside of Jerusalem with money from the second tithe,40 the seller is compelled to return the money to the owner41 and it is considered as the second tithe as it was originally.42 If he makes the purchase intentionally,43 the produce he purchased must be taken to Jerusalem and eaten there.44 [In the age when] the Temple no longer exists,45they should be put aside until they rot.46
Halacha 16
Similarly, a domesticated animal47 should not be purchased with money from the second tithe outside of Jerusalem. If one purchased it unknowingly, the money should be returned to its [owner]. If it was done intentionally, it should be brought to Jerusalem and eaten there. [In the age when] the Temple no longer exists, [the animal] and its hide should be buried.48
Halacha 17
[The following laws apply when] one purchases servants, land, or an unkosher animal, whether intentionally or unintentionally,49 [with money from the second tithe]. If the seller fled,50 [the purchaser] should [purchase food] with the amount of money he spent and eat it in Jerusalem under the restrictions applying to the second tithe. This is the general principle: If the seller fled or died, whenever one spent the money of the second tithe on matters other than food, drink, and daubs, he must partake of an equivalent [value of food in Jerusalem]. If the seller was present, the money should be returned to [the original owner].51 Similarly, if a person brought burnt offerings, sin offerings, or guilt offerings from the money of the second tithe,52 he must partake of an equivalent [value of food in Jerusalem].53
Halacha 18
When a person [used money from the second tithe to] purchase a non-domesticated animal for a peace offering54 or a domesticated animal to be eaten as ordinary meat,55 it is as if he [used it to] purchase an ox for plowing and the animal is not designated as a peace offering.56 If he purchased a domesticated animal to be offered as a peace offering and it became blemished, the holiness of the second tithe leaves it. It should be redeemed57and the funds are not considered as money from the second tithe. Nevertheless, if he redeems it himself,58 he must add a fifth of its value.59
Halacha 19
When one consecrates money from the second tithe for [the purpose of purchasing] a peace offering, the consecration is not effective, 60 for the sanctity of the peace offering does not encompass [an entity already] sanctified to the second tithe. For the second tithe is the property of the Most High.61Needless to say, this applies if he consecrates the produce of the second tithe itself for the purpose of purchasing] a peace offering, the consecration is not effective.
Halacha 20
[The following laws apply when a person] partakes of entities consecrated to the second tithe as ordinary produce [outside of Jerusalem], even intentionally. If he partook of the produce from the second tithe itself, he should cry out to heaven.62 If he [used] money from the second tithe [to purchase other food that] he ate, the money should be returned to its [owner]63 and he should bring them to Jerusalem and partake of them there. Alternatively, if the money cannot be returned, he should [purchase food] with the amount of money he spent and eat it in Jerusalem.
| FOOTNOTES | |
| 1. |
The rationale is that since the produce was redeemed once, it should not be redeemed a second time.
|
| 2. |
Our translation follows authoritative manuscripts and early printings. The standard printed text of the Mishneh Torah adds the phrase "because of Rabbinic decree."
|
| 3. |
The rules governing this produce have a double dimension of severity. Since according to Scriptural Law, this produce is ritually pure, our Sages were stringent and required it to be brought to Jerusalem and eaten there. Nevertheless, to support their decree of ritual impurity, they also required that it be redeemed (Kessef Mishneh).
|
| 4. |
I.e., and not animal fodder.
|
| 5. |
I.e., these types of livestock do not grow from the earth, but they derive their nature by pasturing on the earth's products.
|
| 6. |
Moreover, even if water and salt are mixed together with produce, that produce should not be purchased with money from the second tithes (Radbaz). See Halachah 14 with regard to such purchases.
|
| 7. |
Truffles and mushrooms do not have roots and do not derive nurture from the earth.
|
| 8. |
I.e., it will spoil in the course of the journey.
|
| 9. |
Which are detached entities that can make the journey to Jerusalem without being spoiled.
|
| 10. |
Eggs and milk are animal products and the animals receive their nurture from the earth and honey is actually the sap of flowers.
|
| 11. |
In his Commentary to the Mishnah (Ma'aser Sheni 1:3), the Rambam explains that timed is made by mixed grape dregs with water and leaving it to turn into vinegar.
|
| 12. |
For the water originally included in it is not considered significant.
|
| 13. |
The Radbaz explains that when the transaction was first made, it was invalid. Hence, the money remained holy. Afterwards, when the mixture turns into vinegar, the transaction is completed and the holiness of the money is transferred. Rashi (Chulin 27a) offers a different explanation.
|
| 14. |
I.e., the restriction against purchasing a mixture of grape dregs and water with money from the second tithe.
|
| 15. |
And thus the water drew out a significant amount of grape juice from the dregs.
|
| 16. |
In his Commentary to the Mishnah (Shvi'it 7:5; Uktzin 3:4), the Rambam explains that branches of shrubs that grow in vineyards are pickled in brine while they are still soft and then eaten. They are, nevertheless, not eaten by all people and the money from the second tithe may only be used to purchase food.
|
| 17. |
This refers to branches of the carob tree, because the carobs themselves are considered as food, as stated in Chapter 1, Halachah 3.
|
| 18. |
Because in this state, they are not fit to be eaten.
The commentaries have noted that the Rambam's ruling in Hilchot Shabbat 18:6 implies the direct opposite: that before they become sweet, they are considered as food for humans and after they become sweet, they are considered as food for animals. This issue is discussed by the later commentaries.
|
| 19. |
A sub-species of the onion family.
|
| 20. |
Since these species are more commonly eaten, they are considered as food even though they are not yet fit to be to eaten.
|
| 21. |
In his Commentary to the Mishnah (Uktzin 3:4), the Rambam defines this term as referring to the tip of the date palm which is like dried cheese and is eaten by people.
|
| 22. |
In his Commentary to the Mishnah (ibid.:5), the Rambam gives cinnamon, nutmeg, spikenard, and other similar species as examples.
|
| 23. |
A sharp and pungent herb.
|
| 24. |
This refers to a mixture of milk and bread crumbs referred to in the Talmud as kutach.
|
| 25. |
See Hilchot Tuma'at Ochalin 1:7 which makes similar statements with regard to anise.
|
| 26. |
For in truth, only the oil can be purchased with the money of the second tithe. Nevertheless, the water and the salt are considered as subordinate to the oil and hence, can be included in its price.
|
| 27. |
The Rambam uses a plural term for terumah, for he includes both the great terumah and terumat ma'aser in this prohibition.
|
| 28. |
See Hilchot Terumah 7:2. Needless to say, it may also be eaten by priests who were ritually impure and who did not need to immerse themselves, but the Rambam is mentioning the aspect of the laws in which it differs from the second tithe, as he proceeds to state.
|
| 29. |
As indicated by the following clause, the second tithe differs from terumah in all these matters.
|
| 30. |
The second tithe must also be eaten in a state of ritual purity. Nevertheless, in contrast toterumah, it may be eaten directly after one immerses oneself in a mikveh. He need not wait until the evening.
|
| 31. |
And it is forbidden to restriction the consumption of sacred foods. See Hilchot Pesulei HaMukdashin 6:12 and Hilchot Ma'aseh HaKorbanot 10:10.
|
| 32. |
In Jerusalem. See Halachah 16 and Chapter 4, Halachah 6.
|
| 33. |
See the Commentary of Rav Ovadiah of Bartenura to Ma'aser Sheni 1:2 which states that the fundamental mitzvah is to use the money from the second tithe to purchase peace offerings.
|
| 34. |
For by offering them on the altar, they would have to give certain portions of the meat to the priests.
|
| 35. |
E.g., deer. Our Sages did not include the purchase of these animals in their decree.
|
| 36. |
See Hilchot Shemitah VeYoval 7:1 which explains that after the Sabbatical year, the produce that remains must be destroyed. Thus by purchasing this produce with funds from the second tithe, one would be reducing its use.
|
| 37. |
All of these should not be purchased with money from the second tithe as stated in Halachah 4.
|
| 38. |
The holiness of the money of the second tithe is not transferred to them.
|
| 39. |
The Ra'avad challenges the Rambam's ruling, maintaining that the holiness of the second tithe remains associated with the money and the seller must return it to the purchaser. The Radbaz explains that the Rambam derives his ruling from the wording of the Mishnah (Ma'aser Sheni 1:5). There the Mishnah has two clauses: one quoted in this halachah which states that that the items are not acquired and one quoted in the following halachah which states that the money should be returned. The variance in wording indicates that there is a difference in law. The Radbaz states, however, that the Rambam would agree that the holiness of the funds of the second tithe is not nullified entirely. Instead, the purchaser must eat an equivalent amount of food in Jerusalem keeping all the restrictions applying to the produce of the second tithe. See Halachah 17.
|
| 40. |
I.e., he purchased produce with money from the second tithe without knowing that he used such funds.
|
| 41. |
The produce purchased does not receive the holiness of the second tithe, but instead, must be returned to the seller [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:5)].
|
| 42. |
Rav Ovadiah of Bartenura explains that since he made the purchase inadvertently, it is as if the transaction was conducted in error and hence it is nullified.
|
| 43. |
I.e., knowing that he was using money from the second tithe.
|
| 44. |
The transaction is binding and the purchaser is compelled to treat the produce he purchased as produce of the second tithe.
|
| 45. |
See Chapter 2, Halachah 1.
|
| 46. |
Since the transaction is binding, the produce receives that holiness and hence, may not be used for any other purpose.
|
| 47. |
We are speaking about a kosher animal that does not have a blemish and hence is fit to be offered as a sacrifice.
|
| 48. |
When it dies. It is not killed before its time. Burying it prevents one from benefiting from it [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:6)]. See also Chapter 8, Halachah 6;Hilchot Pesulei HaMukdashim 19:11.
|
| 49. |
The equation between transgressing intentionally and unintentionally represents a change of approach on the part of the Rambam. In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam states that if the transgression was intentional, in all instances, the purchaser should use an equivalent amount of money to buy food in Jerusalem. The sale is nullified only when the sale is made unintentionally. The Rambam's ruling here is based on Kiddushin 56b.
|
| 50. |
So that the money could not be returned and the sale nullified.
|
| 51. |
And the sale nullified.
|
| 52. |
This is forbidden, because the animal - partially or entirely - is offered on the altar and/or eaten by the priests. Thus the money from the second tithe is not being used for its designated purpose.
|
| 53. |
For once the offerings were brought, the transaction cannot be nullified.
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| 54. |
This is unacceptable, because peace offerings may be brought only from domesticated animals.
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| 55. |
This is also unacceptable, because as stated in Halachah 12, our Sages forbade using money from the second tithe for such a purpose [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:4)].
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| 56. |
Instead, the sale is nullified. If the animal was already slaughtered, the hide is considered as consecrated with the holiness of the second tithe and the proceeds from its sale must be used as the money of the second tithe.
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| 57. |
As is required when an animal designated as a peace offering becomes blemished in a manner that prevents it from being sacrificed.
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| 58. |
If, however, one redeems a sacrifice for someone else, a fifth need not be added, as stated inHilchot Arachin 7:4.
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| 59. |
The Ra'avad objects to the Rambam's wording, for he considers it obvious that a fifth must be added. The Radbaz explains that one might think a fifth is unnecessary based on the following reasoning: Since the animal is a peace offering, from the standpoint of the second tithe, it does not belong to him, because it is not his private property, but instead is consecrated. From the standpoint of the peace offering, it can be said that it does not belong to him, because it is the second tithe which is "the property of the Most High."
Alternatively, the explanation of the Rambam's wording depends on a concept explained in Hilchot Arachin, loc. cit.: "[One is] obligate to add a fifth [when redeeming the article that was] consecrated originally, but one [need] not add a fifth [when redeeming an article] whose consecration was a derivative." A derivative means that it was consecrated in the process of redeeming another article (see ibid.:5).
To apply those concepts to the question at hand: Since the consecration of the animal as a peace offering comes as part of the redemption of the money from the second tithe, one might think that there is no need to add a fifth. For that reason, the Rambam [based on the Jerusalem Talmud (Ma'aser Sheni 3:2)] emphasizes that in this instance, the additional fifth is necessary, because since the holiness of the second tithe was removed from it, it is as if it was consecrated initially and it is not considered as a derivative (Rambam LeAm)
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| 60. |
As mentioned in Halachah 12, one can - and according to many opinions, it is desirable - to purchase an animal to be sacrificed as a peace offering with money from the second tithe. Here, however, we are speaking about a situation where the person designates the money to be used for that purpose, but does not make the purpose as of yet. The Rambam is clarifying that the designation is not effective and the money may be used to purchase any other types of food.
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| 61. |
Chapter 3, Halachah 17. I.e., when a person consecrates his own money for a peace offering, the consecration is effective, because the money belongs to him and he has the authority to consecrate it. Money from the second tithe, by contrast, does not belong to him. Hence, it cannot be consecrated as a peace offering.
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| 62. |
I.e., he should cry out to G-d in repentance. He, however, has no other way of atoning for his conduct, because he has eaten the produce upon which the holiness of the second tithe rested.
Our text follows manuscript versions of the Mishneh Torah and the versions suggested by the Ra'avad, the Radbaz, and the Kessef Mishneh. The standard printed text follows a different version.
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| 63. |
Since the money exists, the holiness from the second tithe has not departed from it. Hence, if it is returned to the owner or its holiness transferred by the owner purchasing other food with its value, the owner fulfills his obligation.
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• Thursday, Iyar 11, 5775 · 30 April 2015
Iyar 11, 26th day of the omer
Torah lessons: Chumash: B'har, first parsha with Rashi.
Tehillim: 60-65.
Tanya: Ch.48 Contemplating on (p. 249)...returned to their source. (p. 251).
The following are the correct readings in the siddur:
V'chain (sh'nei ch'tuvim), with a tsayreh vowel, not a patach. ("When two Biblical passages..."; Page 26).
Chiyitani (miyardi vor) with a kamatz vowel, not a patach. ("You have kept me alive"; Page 30).
Zecher (rav tuv'cha), with a segol vowel, not a tsayreh. ("They will express the remembrance..."; Page 33).
Mashlich karcho (k'fitim) with a patach vowel, not a kamatz. ("He hurls His ice like morsels..." Page 35).
Umalchuto ve'emunato la'ad kayemet. ("...and His sovereignty and His truth abide forever." Page 48).
Daily Thought:
Not With Toil
Not by toil, nor by struggle did the world come into being. G‑d spoke and it was, a world created by words.
Not by toil, nor by struggle is the world sustained. We speak words of Torah, of wisdom and of kindness and the world endures.
If so, what is the effort He demands from us?
That we invest our very essence in those words, as He invested His very essence within this world He made.[11 Nisan 5732.]
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