Today's Laws & Customs:
• Count "Thirty-Seven Days to the Omer" Tonight
Tomorrow is the thirty-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 thirty-seven days, which are five weeks and two 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: Gevurah sheb'Yesod -- "Restraint in Connection"
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:
• Frank Hanged in Prague (1946)
Karl Hermann Frank, the German Nazi official in Czechoslovakia during World War II, was hanged on this date in 1946.
Frank surrendered to the American army on May 9, 1945 and was extradited and tried in a court in Prague. Following his conviction for war crimes, Frank was sentenced to death and hanged in the courtyard of the Pankrac prison in Prague as 5,000 onlookers witnessed his death.
• Kfar Chabad Established (1949)
The Chabad-Lubavitch village in Israel, Kfar Chabad, was founded by the sixth Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn, on Iyar 21 of 1949. The first settlers were mostly recent immigrants from the Soviet Union, survivors of the terrors of World War II and Stalinist oppression. Kfar Chabad, which is located about five miles south of Tel Aviv and includes agricultural lands as well as numerous educational institutions, serves as the headquarters of the Chabad-Lubavitch Chassidic movement in the Holy Land.
Link: The Rebbe Who Saved a Village
Daily Quote:
Also those who are far from G-d's Torah and His service... one must draw them close with strong cords of love -- perhaps one might succeed in bringing them closer to Torah and the service of G-d. And even if one fails, one has still merited the rewards of the fulfillment of the Mitzvah, "Love your fellow"[Rabbi Schneur Zalman of Liadi (Tanya ch 32)]
Daily Study:
Chitas and Rambam for today:
Chumash: Behar-Bechukotai, 1st Portion Leviticus 25:1-25:18 with Rashi
• Chapter 25
1And the Lord spoke to Moses on Mount Sinai, saying, אוַיְדַבֵּר יְהֹוָה אֶל משֶׁה בְּהַר סִינַי לֵאמֹר:
on Mount Sinai: What [special relevance] does the subject of Shemittah [the “release” of fields in the seventh year] have with Mount Sinai? Were not all the commandments stated from Sinai? However, [this teaches us that] just as with Shemittah, its general principles and its finer details were all stated from Sinai, likewise, all of them were stated-their general principles [together with] their finer details-from Sinai. This is what is taught in Torath Kohanim (25:1). [And why is Shemittah used as the example to prove this rule, especially since the very fine details are not even specified here (Sefer Hazikkaron)?] It appears to me that its explanation is as follows: [At the plains of Moab, Moses reiterated the majority of the laws of the Torah to the Israelites before their entry into the land of Israel, this reiteration comprising most of the Book of Deuteronomy. Now,] since we do not find the laws of Shemittah [“release”] of land reiterated on the plains of Moab in Deuteronomy, we learn that its general principles, finer details, and explanations were all stated at Sinai. Scripture states this [phrase] here to teach us that [just as in the case of Shemittah,] every statement [i.e., every commandment] that was conveyed to Moses came from Sinai, [including] their general principles and finer details [and that the commandments delineated in Deuteronomy were merely] repeated and reviewed on the plains of Moab [not originally given there]. בהר סיני: מה ענין שמיטה אצל הר סיני, והלא כל המצות נאמרו מסיני, אלא מה שמיטה נאמרו כללותיה ופרטותיה ודקדוקיה מסיני, אף כולן נאמרו כללותיהן ודקדוקיהן מסיני, כך שנויה בתורת כהנים. ונראה לי שכך פירושה לפי שלא מצינו שמיטת קרקעות שנשנית בערבות מואב במשנה תורה, למדנו שכללותיה ופרטותיה כולן נאמרו מסיני, ובא הכתוב ולמד כאן על כל דבור שנדבר למשה שמסיני היו כולם כללותיהן ודקדוקיהן, וחזרו ונשנו בערבות מואב:
2Speak to the children of Israel and you shall say to them: When you come to the land that I am giving you, the land shall rest a Sabbath to the Lord. בדַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם כִּי תָבֹאוּ אֶל הָאָרֶץ אֲשֶׁר אֲנִי נֹתֵן לָכֶם וְשָׁבְתָה הָאָרֶץ שַׁבָּת לַיהֹוָה:
a Sabbath to the Lord: For the sake of the Lord, just as is stated of the Sabbath of Creation (see Exod. 20:10) [i.e., just as every seventh day is a holy Sabbath day, acclaiming that God Himself rested on the seventh day and thus acclaiming that God is the Supreme Creator of all existence, likewise, man must rest from working the land on the seventh year, for the sake of God, not for the sake of the land, so that it should gain fertility by lying fallow for a year]. — [Sifthei Chachamim ; Torath Kohanim 25:7] שבת לה': לשם ה', כשם שנאמר בשבת בראשית:
3You may sow your field for six years, and for six years you may prune your vineyard, and gather in its produce, גשֵׁשׁ שָׁנִים תִּזְרַע שָׂדֶךָ וְשֵׁשׁ שָׁנִים תִּזְמֹר כַּרְמֶךָ וְאָסַפְתָּ אֶת תְּבוּאָתָהּ:
4But in the seventh year, the land shall have a complete rest a Sabbath to the Lord; you shall not sow your field, nor shall you prune your vineyard. דוּבַשָּׁנָה הַשְּׁבִיעִת שַׁבַּת שַׁבָּתוֹן יִהְיֶה לָאָרֶץ שַׁבָּת לַיהֹוָה שָׂדְךָ לֹא תִזְרָע וְכַרְמְךָ לֹא תִזְמֹר:
the land shall have [a complete rest]: for fields and vineyards [but you may dig holes in your land]. — [Sifthei Chachamim] יהיה לארץ: לשדות ולכרמים:
nor shall you prune: Heb. לֹא תִזְמֹר. [This refers to the procedure in which] they cut off the [excessive] vine-branches (זְמוֹרוֹת) [and this expression] is rendered [by Onkelos] as לָא תִכְסָח, you shall not cut off, and similar to it is “as thorns cut down (כְּסוּחִים) [that are burned in fire]” (Isa. 33:12), and "it is burned with fire, it is cut (כְּסוּחָה) down. לא תזמר: שקוצצין זמורותיה. ותרגומו לא תכסח, ודומה לו (ישעיה לג יב) קוצים כסוחים, (תהלים פ יז) שרופה באש כסוחה:
5You shall not reap the aftergrowth of your harvest, and you shall not pick the grapes you had set aside [for yourself], [for] it shall be a year of rest for the land. האֵת סְפִיחַ קְצִירְךָ לֹא תִקְצוֹר וְאֶת עִנְּבֵי נְזִירֶךָ לֹא תִבְצֹר שְׁנַת שַׁבָּתוֹן יִהְיֶה לָאָרֶץ:
the aftergrowth of your harvest: although you did not sow it, but it grew by itself from seeds that [inadvertently] had dropped on [the ground] at the time of harvesting. This is called סְפִיחַ. את ספיח קצירך: אפילו לא זרעתה והיא צמחה מן הזרע שנפל בה בעת הקציר, הוא קרוי ספיח:
You shall not reap: to keep it like a regular harvest, but it must be rendered ownerless, [and available] for everyone [to take at will]. — [Be’er Basadeh] לא תקצור: להיות מחזיק בו כשאר קציר, אלא הפקר יהיה לכל:
the grapes you had set aside [for yourself]: [i.e., those grapes] that you set aside (הִנְזַרְתָּ) and kept people away from them and did not declare them ownerless. נזירך: שהנזרת והפרשת בני אדם מהם ולא הפקרתם:
you shall not pick: Those, you shall not pick, but [you may pick] from crops declared ownerless. — [Torath Kohanim 25:8] לא תבצר: אותם אינך בוצר, אלא מן המופקר:
6And [the produce of] the Sabbath of the land shall be yours to eat for you, for your male and female slaves, and for your hired worker and resident who live with you, ווְהָיְתָה שַׁבַּת הָאָרֶץ לָכֶם לְאָכְלָה לְךָ וּלְעַבְדְּךָ וְלַאֲמָתֶךָ וְלִשְׂכִירְךָ וּלְתוֹשָׁבְךָ הַגָּרִים עִמָּךְ:
And [the produce of] the Sabbath of the land, shall be [yours to eat]:Although I have prohibited the produce [of the Shemittah year] to you, I did not prohibit you to eat it or to derive benefit from it, only that you should not treat it as if you were its owner. Rather, everyone is deemed equal [regarding the use of the Shemittah year’s produce]-you, [your slaves,] and your hired worker and resident. והיתה שבת הארץ וגו': אף על פי שאסרתים עליך, לא באכילה ולא בהנאה אסרתים, אלא שלא תנהוג בהם כבעל הבית, אלא הכל יהיו שוים בה, אתה ושכירך ותושבך:
And the produce of the Sabbath of the land... yours to eat: שַׁבַּת הָאָרֶץ. You may eat from what you treated as ownerless (שָׁבוּת), [see Sifthei Chachamim], but from that [produce] which is stored away, you shall not eat. — [Torath Kohanim 25:10] שבת הארץ לכם לאכלה: מן השבות אתה אוכל, ואי אתה אוכל מן השמור:
for you, for your male and female slaves: Since Scripture says [regarding Shemittah], “and the poor of your people shall eat [it]” (Exod. 23:11), one might think that it [the produce of the Shemittah year] is prohibited to be eaten by wealthy people. Scripture, therefore, says here, “for you, for your male and female slaves,”-we see that the [wealthy] owners and the male and female slaves are included here [to permit them also to eat of the Shemittah year produce]. — [Torath Kohanim 25:12 and see Sefer Hazikkaron] לך ולעבדך ולאמתך: לפי שנאמר (שמות כג יא) ואכלו אביוני עמך, יכול יהיו אסורים באכילה לעשירים, תלמוד לומר לך ולעבדך ולאמתך, הרי בעלים ועבדים ושפחות אמורים כאן:
and for your hired worker and resident [who live with you]: Even non-Jews. — [Torath Kohanim 25:14] [Hired worker is one hired by the day. Resident is one hired by the year (Bechor Shor).] ולשכירך ולתושבך: אף הגוים:
7And all of its produce may be eaten [also] by your domestic animals and by the beasts that are in your land. זוְלִבְהֶמְתְּךָ וְלַחַיָּה אֲשֶׁר בְּאַרְצֶךָ תִּהְיֶה כָל תְּבוּאָתָהּ לֶאֱכֹל:
by your domestic animals and by the beasts: But if a beast may eat [Shemittah produce], how much more so are domestic animals [allowed to eat it], since you are obliged to feed them! So why does Scripture mention “by your domestic animals”? [The answer is that Scripture] compares the domestic animal to the beast. As long as beasts [have a particular food available for them to] eat in the field, you may feed your domestic animals from your house. However, once that [particular food] has been consumed by the beasts in the field, you must remove what you had [stored] in your house for your domestic animals [and make that food freely available to everyone]. — [Torath Kohanim 25:15] ולבהמתך ולחיה: אם חיה אוכלת בהמה לא כל שכן, שמזונותיה עליך, מה תלמוד לומר ולבהמתך, מקיש בהמה לחיה, כל זמן שחיה אוכלת מן השדה האכל לבהמתך מן הבית, כלה לחיה מן השדה כלה לבהמתך מן הבית:
8And you shall count for yourself seven sabbatical years, seven years seven times. And the days of these seven sabbatical years shall amount to forty nine years for you. חוְסָפַרְתָּ לְךָ שֶׁבַע שַׁבְּתֹת שָׁנִים שֶׁבַע שָׁנִים שֶׁבַע פְּעָמִים וְהָיוּ לְךָ יְמֵי שֶׁבַע שַׁבְּתֹת הַשָּׁנִים תֵּשַׁע וְאַרְבָּעִים שָׁנָה:
sabbatical years: Heb. שַׁבְּתֹת שָׁנִים, sabbatical years. Now, [since our verse therefore tells us to count “seven sabbatical years,”] one might think that we should observe seven consecutive sabbatical years, and then make a Jubilee year after them. Scripture, therefore, continues here, “seven years seven times,” thus showing us that every Shemittah year occurs in its own time [namely, every seventh year]. — [Torath Kohanim 25:13] שבתת שנים: שמטות שנים. יכול יעשה שבע שנים רצופות שמטה ויעשה יובל אחריהם, תלמוד לומר שבע שנים שבע פעמים, הוי אומר כל שמטה ושמטה בזמנה:
And the days of these seven [sabbatical years will amount to forty-nine years]: [But is it not already clear that seven years seven times equals forty-nine? However, this] comes to tell us that even though you have not observed the Shemittah years [throughout that period], nevertheless, make a Jubilee at the end of forty-nine years. — [Torath Kohanim 25:14] [This is a Midrashic explanation, linking the end of our verse with the next, to read, “And the days of these seven sabbatical years will amount to forty-nine years for you (and) Then…you shall proclaim with shofar blasts.”] The simple meaning of our verse is, however, that the calculation of the years of the Shemittah cycles will amount to the number forty-nine. והיו לך ימי שבע וגו': מגיד לך שאף על פי שלא עשית שמטות עשה יובל לסוף מ"ט שנה. ופשוטו של מקרא יעלה לך חשבון שנות השמטות למספר מ"ט:
9You shall proclaim [with] the shofar blasts, in the seventh month, on the tenth of the month; on the Day of Atonement, you shall sound the shofar throughout your land. טוְהַעֲבַרְתָּ שׁוֹפַר תְּרוּעָה בַּחֹדֶשׁ הַשְּׁבִעִי בֶּעָשׂוֹר לַחֹדֶשׁ בְּיוֹם הַכִּפֻּרִים תַּעֲבִירוּ שׁוֹפָר בְּכָל אַרְצְכֶם:
You shall proclaim: Heb. וַהַעֲבַרְתָּ, [lit., “you shall pass” something from one place to another. But here, this term] stems from [the similar expression in the verse], “and they proclaimed (וַיַּעֲבִירוּ קוֹל) throughout the camp” (Exod. 36:6), an expression of proclamation. — [R.H. 34a] והעברת: לשון (שמות לו ו) ויעבירו קול במחנה, לשון הכרזה:
[On the tenth of the month,] on the Day of Atonement: But since it says, “on the Day of Atonement,” do I not already know that this occurs “on the tenth of the month”? So why does Scripture need to state, “on the tenth of the month”? However, [it does so,] in order to teach you the following: [The obligation] to sound the shofar on the tenth of the month [i.e., on the Yom Kippur of the Jubilee year] overrides the [prohibition of sounding the shofar on the] Sabbath “throughout your entire land,” whereas [the obligation] to sound the shofar on Rosh Hashanah does not override the [prohibition of sounding the shofar on] Sabbath “throughout your entire land,” except in the court of law [where this prohibition does not apply (see Ramban on our verse)]. — [Torath Kohanim 25:16] ביום הכפורים: ממשמע שנאמר ביום הכפורים איני יודע שהוא בעשור לחדש, אם כן למה נאמר בעשור לחדש, אלא לומר לך תקיעת עשור לחדש דוחה שבת בכל ארצכם, ואין תקיעת ראש השנה דוחה שבת בכל ארצכם, אלא בבית דין בלבד:
10And you shall sanctify the fiftieth year, and proclaim freedom [for slaves] throughout the land for all who live on it. It shall be a Jubilee for you, and you shall return, each man to his property,_ and you shall return, each man to his family. יוְקִדַּשְׁתֶּם אֵת שְׁנַת הַחֲמִשִּׁים שָׁנָה וּקְרָאתֶם דְּרוֹר בָּאָרֶץ לְכָל ישְׁבֶיהָ יוֹבֵל הִוא תִּהְיֶה לָכֶם וְשַׁבְתֶּם אִישׁ אֶל אֲחֻזָּתוֹ וְאִישׁ אֶל מִשְׁפַּחְתּוֹ תָּשֻׁבוּ:
And you shall sanctify [the fiftieth year]: [How?] At its commencement, [this Jubilee year] is sanctified in the court, [at which time] they declare: “This year is holy!” וקדשתם: בכניסתה מקדשין אותה בבית דין ואומרים מקודשת השנה:
and proclaim freedom: for slaves, whether a נִרְצָע [a Jewish slave who chose to remain with his master even after his being permitted to go free at the end of six years and who therefore had to have his ear bored (see Exod. 21:16) or a slave] for whom his six-year period since having been sold has not yet elapsed. Said Rabbi Judah: What does this term דְּרוֹר mean? As one who dwells (כִּמְדַייֵר) in a dwelling (בֵּי דַייְרָא) etc., who dwells wherever he wishes, and is not under the domain of others [thus, the term דְּרוֹר denotes “freedom”]. — [Torath Kohanim 25:18, R.H. 9b and see Rashi there] וקראתם דרור: לעבדים, בין נרצע, בין שלא כלו לו שש שנים משנמכר. אמר ר' יהודה מהו לשון דרור, כמדייר בי דיירא ומסחר בכל מדינה וכו', שדר בכל מקום שהוא רוצה ואינו ברשות אחרים:
It shall be a Jubilee: This year is distinguished from all other years, for only it has a special name. And what is that name? It is called יוֹבֵל [meaning “ram’s horn” (see Rashi on Exod. 19:13)], because of the shofar that is sounded [upon its commencement]. יובל הוא: שנה זאת מובדלת משאר שנים בנקיבת שם לה לבדה. ומה שמה, יובל שמה, על שם תקיעת שופר:
and you shall return, each man to his property: that the fields revert to their owners. [This verse does not mean that the owner must return to his field, but that the ownership of the field returns to the one who had sold it (Mesiach Illemim)]. ושבתם איש אל אחזתו: שהשדות חוזרות לבעליהן:
and you shall return, each man to his family: [This clause comes] to include the “bored one.” (See second Rashi on this verse.) - [Kid. 15a] ואיש אל משפחתו תשבו: לרבות את הנרצע:
11This fiftieth year shall be a Jubilee for you you shall not sow, nor shall you reap its aftergrowth or pick [its grapes] that you had set aside [for yourself]. יאיוֹבֵל הִוא שְׁנַת הַחֲמִשִּׁים שָׁנָה תִּהְיֶה לָכֶם לֹא תִזְרָעוּ וְלֹא תִקְצְרוּ אֶת סְפִיחֶיהָ וְלֹא תִבְצְרוּ אֶת נְזִרֶיהָ:
This fiftieth year shall be a Jubilee for you: What does this come to teach us?“ Since Scripture says (preceding verse),”And you shall sanctify [the fiftieth year,“ one might think that just as, at the beginning of the year, it gains sanctity progressively, so should its sanctity extend after the year, as it is with other instances of sanctification of holy times, e.g., Sabbath or a holy Festival, with which some ordinary time is added on to the holy time, here, too, some of the year following the Jubilee must be added on to it. Scripture, therefore, says, ”This fiftieth year shall be a Jubilee for you" - only the fiftieth year, with no extensions. The above] is taught in Tractate R.H. (8b) and Torath Kohanim (25:23). יובל הוא שנת החמשים שנה: מה תלמוד לומר, לפי שנאמר וקדשתם וגו', כדאיתא בראש השנה (ח ב) ובתורת כהנים:
its [grapes that] you had set aside: Heb. נְזִרֶיהָ, those grapes stored away, but you may harvest those that have been rendered ownerless. [For] just as with Shemittah [the term נְזִירֶךָ] is stated [specifically referring to grapes (see Rashi verse 5 above)], so with Jubilee, [this term נְזִרֶיהָ] is stated [and refers specifically to grapes, for Shemittah and Jubilee are equal in all matters. (Mesiach Illemim, Devek Tov, Sifthei Chachamim) See also Be’er Basadeh, Maskil L’David]. Thus, two holy years are found right next to each other-the forty-ninth year [in each cycle] is Shemittah and the fiftieth year is Jubilee. את נזריה: את הענבים המשומרים. אבל בוצר אתה מן המופקרים, כשם שנאמר בשביעית כך נאמר ביובל, נמצאו שתי שנים קדושות סמוכות זו לזו, שנת מ"ט שמטה ושנת החמישים יובל:
12For it is Jubilee. It shall be holy for you; you shall eat its produce from the field. יבכִּי יוֹבֵל הִוא קֹדֶשׁ תִּהְיֶה לָכֶם מִן הַשָּׂדֶה תֹּאכְלוּ אֶת תְּבוּאָתָהּ:
It shall be holy for you: [The produce of Jubilee] attaches its holiness onto the money [it is sold for] like items dedicated to the Holy Temple. However, one might think that [just like items dedicated to the Holy Temple, this produce] leaves [its holy status,] to become unholy-Scripture, therefore, says here “It shall be,” [as if to say,] they shall remain as they were. — [Suk. 40b] קדש תהיה לכם: תופסת דמיה כהקדש. יכול תצא היא לחולין, תלמוד לומר תהיה, בהוויתה תהא:
You shall eat [its produce] from the field: You shall [gauge your] eating in the house, by way of the field. [That is to say,] once [a particular food] has been consumed by the beasts in the field, you must remove [what you had stored of that food] from your house [and make it freely available to all]. (See Rashi on verse 7 above; Torath Kohanim 25:26). Just as was stated regarding Shemittah, so it is stated regarding the Jubilee. מן השדה תאכלו: על ידי השדה אתה אוכל מן הבית, שאם כלה לחיה מן השדה אתה צריך לבער מן הבית, כשם שנאמר בשביעית כך נאמר ביובל:
13During this Jubilee year, you shall return, each man to his property. יגבִּשְׁנַת הַיּוֹבֵל הַזֹּאת תָּשֻׁבוּ אִישׁ אֶל אֲחֻזָּתוֹ:
you shall return, each man to his property: But has this not already been stated, [when Scripture says], “ and you shall return, each man to his property” (verse 10 above)? However, [this clause is stated here,] to include one who sold his field, and his son arose and redeemed it, that it reverts to his father in the Jubilee. — [Torath Kohanim 25:28] תשבו איש אל אחזתו: והרי כבר נאמר (פסוק י) ושבתם איש אל אחזתו, אלא לרבות המוכר שדהו ועמד בנו וגאלה שחוזרת לאביו ביובל:
14And when you make a sale to your fellow Jew or make a purchase from the hand of your fellow Jew, you shall not wrong one another. ידוְכִי תִמְכְּרוּ מִמְכָּר לַעֲמִיתֶךָ אוֹ קָנֹה מִיַּד עֲמִיתֶךָ אַל תּוֹנוּ אִישׁ אֶת אָחִיו:
And when you make a sale to your fellow-Jew or make a purchase from your fellow-Jew: Its simple meaning is obvious. The verse can also be expounded [to teach us the following lesson]: How do we know that when you wish to sell, you should sell to your fellow-Jew? For Scripture says, “ וְכִי תִמְכְּרוּ מִמְכָּר לַעֲמִיתֶךָ,” i.e., “And when you make a sale--sell to your fellow-Jew!” And how do we know that if you come to buy, you should buy from your fellow-Jew? For Scripture continues here: “אוֹ קָנֹה מִיַּד עֲמִיתֶךָ,” i.e., “or when you buy--buy from your fellow-Jew!” - [Torath Kohanim 25:29] וכי תמכרו וגו': לפי פשוטו כמשמעו. ועוד יש דרשה מנין כשאתה מוכר, מכור לישראל חברך, תלמוד לומר וכי תמכרו ממכר לעמיתך מכור, ומנין שאם באת לקנות קנה מישראל חברך, תלמוד לומר או קנה מיד עמיתך:
you shall not wrong: This means wronging through money (see verse 17 below and Lev. 19:33). - [Torath Kohanim 25:31] אל תונו: זו אונאת ממון:
15According to the number of years after the Jubilee, you shall purchase from your fellow Jew; according to the number of years of crops, he shall sell to you. טובְּמִסְפַּר שָׁנִים אַחַר הַיּוֹבֵל תִּקְנֶה מֵאֵת עֲמִיתֶךָ בְּמִסְפַּר שְׁנֵי תְבוּאֹת יִמְכָּר לָךְ:
According to the number of years after the Jubilee, you shall purchase: The following is its simple meaning, to explain the verse according to its context: [The text] comes to warn against wronging [by overcharging, thereby linking verses 14-16 together (Mizrachi)], [namely, that] when you sell or purchase land, you should be aware of how many years remain until the [next] Jubilee, and according to [that number of] years and the crops that it is fit to yield, the seller should sell and the buyer should buy. For indeed, he will eventually return it to him in the Jubilee year. Thus, if there are [only] a few years [left until the next Jubilee year], and this one sells it for a high price, the purchaser has been wronged. And if there are many years [left until the next Jubilee year], and he will eat many crops from it [until Jubilee-if the purchaser had purchased the land for a low price], the seller has been wronged. Therefore, it must be purchased according to the time [left until the next Jubilee]. And this is [the meaning of] what it says, תְבוּאֹת יִמְכָּרלָ בְּמִסְפַּר שְׁנֵי, “according to the number of years of crops, he shall sell to you.” “According to the number of years of crop yields that it will remain in the hands of the purchaser, you shall sell it to him.” Now, [the word שְׁנֵי can mean “years of” or can mean “two.” Thus,] our Rabbis have expounded from here (see end of this Rashi for clarification), that one who sells his field is not permitted to redeem it in less than two years, that it must remain in the purchaser’s possession for exactly two years to the day, even if there are three crops during those two years, for example, if he sold it to him with crop standing in it [and then the ensuing years brought two more yields of produce. In that case, the seller cannot redeem after one year, claiming that two years’ crops have been issued,] for the word שְׁנֵי [which could mean two, i.e., two yields] does not leave its simple meaning [that it means years,] referring to [the number of years that elapse and] specifically, years that elapse with a yield of crop, but not years of blight. [Now, if the word שְׁנֵי means “years” and not two, then how do our Rabbis expound it to mean “two years”?] Because [the term שְׁנֵי is plural, and] the minimum quantity implied by שָׁנִים is two. — [Arachin 29b; Mizrachi] במספר שנים אחר היובל תקנה: זהו פשוטו ליישב מקרא על אופניו על האונאה בא להזהיר, כשתמכור או תקנה קרקע דע כמה שנים יש עד היובל. ולפי השנים ותבואות השדה שהיא ראויה לעשות ימכור המוכר ויקנה הקונה, שהרי סופו להחזירה לו בשנת היובל. ואם יש שנים מועטות וזה מוכרה בדמים יקרים הרי נתאנה לוקח, ואם יש שנים מרובות ואכל ממנה תבואות הרבה ולקחה בדמים מועטים הרי נתאנה מוכר, לפיכך צריך לקנותה לפי הזמן. וזהו שנאמר במספר שני תבואות ימכר לך, לפי מנין שני התבואות שתהא עומדת ביד הלוקח תמכור לו. ורבותינו דרשו מכאן, שהמוכר שדהו אינו רשאי לגאול פחות משתי שנים, שתעמוד שתי שנים ביד הלוקח מיום ליום, ואפילו יש שלש תבואות באותן שתי שנים, כגון שמכרה לו בקמותיה. ושני אינו יוצא מפשוטו, כלומר מספר שנים של תבואות, ולא של שדפון, ומעוט שנים שנים:
16The more [the remaining] years, you shall increase its purchase [price], and the fewer the [remaining] years, you shall decrease its purchase [price], because he is selling you a number of crops. טזלְפִי | רֹב הַשָּׁנִים תַּרְבֶּה מִקְנָתוֹ וּלְפִי מְעֹט הַשָּׁנִים תַּמְעִיט מִקְנָתוֹ כִּי מִסְפַּר תְּבוּאֹת הוּא מֹכֵר לָךְ:
you shall increase its purchase: You should sell it at a high price. תרבה מקנתו: תמכרנה ביוקר:
you shall decrease its purchase: You should sell it for less money [than in the case in which many years are left until the Jubilee]. — [Mizrachi]. תמעיט מקנתו: תמעיט בדמיה:
17And you shall not wrong, one man his fellow Jew, and you shall fear your God, for I am the Lord, your God. יזוְלֹא תוֹנוּ אִישׁ אֶת עֲמִיתוֹ וְיָרֵאתָ מֵאֱלֹהֶיךָ כִּי אֲנִי יְהֹוָה אֱלֹהֵיכֶם:
And you shall not wrong, one man his fellow-Jew: Here, [as opposed to the same expression in verse 14 above (see Rashi there),] Scripture is warning against wronging verbally, namely, that one must not provoke his fellow [Jew], nor may one offer advice to him that is unsound for him but according to the mode of life or the benefit of the advisor. And if you say, “Who can tell whether I had evil intentions [when I talked to my fellow in an insulting manner? Perhaps I did so in order to make him feel remorseful and repent his ways].” (see Be’er Basadeh). Therefore, it says, “and you shall fear your God.”-The One Who knows all thoughts-He knows. Concerning anything held in the heart and known only to the one who bears this thought in his mind, it says “and you shall fear your God!” - [B.M. 58b] ולא תונו איש את עמיתו: כאן הזהיר על אונאת דברים, שלא יקניט איש את חברו לא ישיאנו עצה שאינה הוגנת לו לפי דרכו והנאתו של יועץ. ואם תאמר, מי יודע אם נתכוונתי לרעה, לכך נאמר ויראת מאלהיך, היודע מחשבות הוא יודע. כל דבר המסור ללב, שאין מכיר אלא מי שהמחשבה בלבו, נאמר בו ויראת מאלהיך:
18You shall perform My statutes, keep My ordinances and perform them then you will live on the land securely. יחוַעֲשִׂיתֶם אֶת חֻקֹּתַי וְאֶת מִשְׁפָּטַי תִּשְׁמְרוּ וַעֲשִׂיתֶם אֹתָם וִישַׁבְתֶּם עַל הָאָרֶץ לָבֶטַח:
Then you will live on the land securely: because it is through the transgression of [the laws of] Shemittah that the Israelites are exiled [from their land], as the verse says, “Then, the land will appease its Sabbaths. [All the days of desolation while you are in the land of your enemies -] the land will rest and appease its Sabbaths” (Lev. 26:34). And the seventy years of the Babylonian exile [when the land remained forcibly at rest], corresponded to the seventy years of Shemittah not observed by Israel, [and thus came to rectify and “appease” them]. [see Rashi Lev. 26:25 where the calculation is explained; Shab. 33a; and see II Chron. 36:21] וישבתם על הארץ לבטח: שבעון שמטה ישראל גולים, שנאמר (ויקרא כו לד) אז תרצה הארץ את שבתותיה והרצת את שבתותיה, ושבעים שנה של גלות בבל, כנגד שבעים שמטות שבטלו היו:
Daily Tehillim: Psalms Chapters 104 - 105
• Chapter 104
This psalm tells of the beauty of creation, describing that which was created on each of the six days of creation. It proclaims the awesomeness of God Who sustains it all-from the horns of the wild ox to the eggs of the louse.
1. My soul, bless the Lord! Lord my God, You are greatly exalted; You have garbed Yourself with majesty and splendor.
2. You enwrap [Yourself] with light as with a garment; You spread the heavens as a curtain.
3. He roofs His heavens with water; He makes the clouds His chariot, He moves [them] on the wings of the wind.
4. He makes the winds His messengers, the blazing fire His servants.
5. He established the earth on its foundations, that it shall never falter.
6. The depths covered it as a garment; the waters stood above the mountains.
7. At Your exhortation they fled; at the sound of Your thunder they rushed away.
8. They ascended mountains, they flowed down valleys, to the place which You have assigned for them.
9. You set a boundary which they may not cross, so that they should not return to engulf the earth.
10. He sends forth springs into streams; they flow between the mountains.
11. They give drink to all the beasts of the field; the wild animals quench their thirst.
12. The birds of the heavens dwell beside them; they raise their voice from among the foliage.
13. He irrigates the mountains from His clouds above; the earth is satiated from the fruit of Your works.
14. He makes grass grow for the cattle, and vegetation requiring the labor of man to bring forth food from the earth;
15. and wine that gladdens man's heart, oil that makes the face shine, and bread that sustains man's heart.
16. The trees of the Lord drink their fill, the cedars of Lebanon which He planted,
17. wherein birds build their nests; the stork has her home in the cypress.
18. The high mountains are for the wild goats; the rocks are a refuge for the rabbits.
19. He made the moon to calculate the festivals; the sun knows its time of setting.
20. You bring on darkness and it is night, when all the beasts of the forest creep forth.
21. The young lions roar for prey, and seek their food from God.
22. When the sun rises, they return and lie down in their dens.
23. Then man goes out to his work, to his labor until evening.
24. How manifold are Your works, O Lord! You have made them all with wisdom; the earth is full of Your possessions.
25. This sea, vast and wide, where there are countless creeping creatures, living things small and great;
26. there ships travel, there is the Leviathan that You created to frolic therein.
27. They all look expectantly to You to give them their food at the proper time.
28. When You give it to them, they gather it; when You open Your hand, they are satiated with goodness.
29. When You conceal Your countenance, they are terrified; when You take back their spirit, they perish and return to their dust.
30. When You will send forth Your spirit they will be created anew, and You will renew the face of the earth.
31. May the glory of the Lord be forever; may the Lord find delight in His works.
32. He looks at the earth, and it trembles; He touches the mountains, and they smoke.
33. I will sing to the Lord with my soul; I will chant praise to my God with my [entire] being.
34. May my prayer be pleasant to Him; I will rejoice in the Lord.
35. May sinners cease from the earth, and the wicked be no more. Bless the Lord, O my soul! Praise the Lord!
Chapter 105
When David brought the Holy Ark up to the City of David, he composed this psalm and sang it before the Ark. He recounts all the miracles that God performed for the Jews in Egypt: sending before them Joseph, who was imprisoned, only to be liberated by God, eventually attaining the status of one who could imprison the princes of Egypt without consulting Pharaoh.
1. Offer praise to the Lord, proclaim His Name; make His deeds known among the nations.
2. Sing to Him, chant praises to Him, speak of all His wonders.
3. Glory in His holy Name; may the heart of those who seek the Lord rejoice.
4. Search for the Lord and His might; seek His countenance always.
5. Remember the wonders that He has wrought, His miracles, and the judgements of His mouth.
6. O descendants of Abraham His servant, children of Jacob, His chosen ones:
7. He is the Lord our God; His judgements extend over the entire earth.
8. He remembers His covenant forever, the word which He has commanded to a thousand generations;
9. the covenant which He made with Abraham, and His oath to Isaac.
10. He established it for Jacob as a statute, for Israel as an everlasting covenant,
11. stating, "To you I shall give the land of Canaan"-the portion of your inheritance,
12. when they were but few, very few, and strangers in it.
13. They wandered from nation to nation, from one kingdom to another people.
14. He permitted no one to wrong them, and admonished kings for their sake:
15. "Do not touch my anointed ones, and do not harm my prophets.”
16. He called for a famine upon the land; he broke every source of bread.
17. He sent a man before them; Joseph was sold as a slave.
18. They afflicted his foot with chains, his soul was put into iron;
19. until the time that His words came, the decree of the Lord purified him.
20. The king sent [word] and released him, the ruler of nations set him free.
21. He appointed him master of his house and ruler of all his possessions,
22. to imprison his princes at will, and to enlighten his elders.
23. Thus Israel came to Egypt, and Jacob sojourned in the land of Ham (Egypt).
24. He multiplied His nation greatly, and made it mightier than its adversaries.
25. He turned their hearts to hate His nation, to conspire against His servants.
26. He sent Moses, His servant; Aaron, whom He had chosen.
27. They placed among them the words of His signs, miracles in the land of Ham.
28. He sent darkness and made it dark, and they did not defy His word.
29. He transformed their waters to blood, and killed their fish.
30. Their land swarmed with frogs in the chambers of their kings.
31. He spoke, and hordes of wild beasts came, and lice throughout their borders.
32. He turned their rains to hail, flaming fire in their land;
33. it struck their vine and fig tree, it broke the trees of their borders.
34. He spoke, and grasshoppers came, locusts without number;
35. and it consumed all grass in their land, it ate the fruit of their soil.
36. Then He smote every firstborn in their land, the first of all their potency.
37. And He took them out with silver and gold, and none among His tribes stumbled.
38. Egypt rejoiced at their leaving, for the fear [of Israel] had fallen upon them.
39. He spread out a cloud for shelter, and a fire to illuminate the night.
40. [Israel] asked, and He brought quail, and with the bread of heaven He satisfied them.
41. He opened a rock and waters flowed; they streamed through dry places like a river,
42. for He remembered His holy word to Abraham His servant.
43. And He brought out His nation with joy, His chosen ones with song.
44. He gave them the lands of nations, they inherited the toil of peoples,
45. so that they might keep His statutes and observe His laws. Praise the Lord!
Tanya: Likutei Amarim, beginning of Chapter 50• Lessons in Tanya
• Sunday, Iyar 21, 5775 · May 10, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 50
This chapter warrants a brief introduction.1
In previous chapters, Tanya has discussed various levels and forms of love of G‑d, each of which can inspire one to study Torah and observe mitzvot with increased enthusiasm. In all these levels, the love consists of a yearning to become joined with G‑d, or else a desire that the Divine be revealed within one’s soul. For this reason, the love of G‑d arouses one directly to study Torah and observe its commandments, for through these a Jew becomes joined with G‑d, and G‑dliness becomes revealed in his soul.
Ch. 50 will discuss a different form of love. Rather than a yearning to become joined with G‑d, it is a thirst and craving for the Divine to the point of klot hanefesh, an utter rapture that consumes the soul until it is on the verge of expiring into sheer G‑dliness. The aim of this love, then, is that the soul tear itself away from the body, and from whatever ties it to the body, and expire into G‑dliness.
Such a love of G‑d cannot prompt one directly to observe Torah and mitzvot, for this is possible only when the soul is enclothed within the body.
Nevertheless, the ultimate aim of every love of G‑d is to serve Him through fulfilling His Will — the Torah and the mitzvot — as a result of the inspiration of this love. In the case of klot hanefesh, however, it is not the state of love in itself which arouses one to serve G‑d through Torah and the mitzvot. It is rather through a contrary inclination aroused within the soul — during the very sensation of burning love for G‑d, when the soul is in a state of surging ahead towards Him and expiring into G‑dliness. At this very moment, one realizes that expiring is not the ultimate Divine intent. On the contrary, this intent is that the soul remain enclothed withinthe body, there to continue its task of drawing G‑dliness ever downward, and revealing it in this finite world.
This realization brings one to subordinate one’s own feelings. Instead of enjoying the rapturous sensation of surging forward, and expiring into G‑dliness, one comes to experience an opposite sensation — of returning, to become enclothed in the body, for the sake of fulfilling the Divine intent by observing Torah and the mitzvot.
All the forms and levels of love of G‑d discussed before ch. 50 are grouped under the termkesef (lit., “silver”), which Tanya derives etymologically from the same root, meaning “desire”.Kesef comes under the category of Chesed (“kindness”), which Tikkunei Zohar calls the “right arm” of the Divine stature.
In the Kabbalah, the ten Sefirot are divided into three groups, called vertical “lines” — right, left, and center. The right line, known as the line of Chesed, consists of Chochmah, Chesed, and Netzach. The left line, known as the line of Gevurah, consists of Binah, Gevurah,and Hod. Thus, Chesed is an outgrowth of Chochmah, which begins its line, and Gevurah a product of Binah, which begins its line. (The other Sefirot are situated in the center line, which does not concern us here.)
The various kinds of love of G‑d discussed hitherto all come under the category of Chesedand kesef, and are therefore an outgrowth of Chochmah. But the love of G‑d in the form of klot hanefesh discussed in this chapter, comes under the category of Gevurah, which is called zahav(“gold”), and is an outgrowth of Binah.
והנה כל בחינות ומדרגות אהבה הנ״ל הן מסטרא דימינא, ובחינת כהן איש חסד
All the forms and levels of love mentioned above derive from the “right side,” from the level of Kohen, for a Kohen is called2 “a man of kindness,” meaning that his form of serving G‑d comes under the category of Chesed.
ונקראות: כסף הקדשים, מלשון: נכסוף נכספתה לבית אביך
They are called kesef hakodashim (“a longing for holy things”),3 as in the words,4“You sorely longed for your father’s home” (where the Hebrew word for “longed” is etymologically related to the word kesef).
All these forms and levels of love of G‑d thus express the desire and longing of a Jew to become joined with G‑d. The words “for your father’s home” in the quoted verse refer to the level of Chochmah, which is called Abba (lit., “father”). This is also the connection with the term (kesef) hakodashim, for in the Zohar, chochmah is called Kodesh (“holiness”). As explained in the introduction to this chapter, all these forms of love come under the category ofChesed, which is an outgrowth of Chochmah (lit., “wisdom”), for they directly inspire one to observe Torah and the mitzvot which derive from Divine Wisdom.
אך יש עוד בחינת אהבה העולה על כולנה, כמעלת הזהב על הכסף
There is, however, another level of love which excels all these aforementioned levels, as gold is superior to silver.
This superiority subsists not in degree or intensity, but rather in quality and character. This is not just a quantitative superiority — in that gold (in the analogy) is worth more than silver, a small quantity of it fetching a higher price than a large quantity of silver. The superiority of gold lies in the fact that the most refined type of gold possesses a captivating luster which glistens in the eyes of the beholder (as explained in the Zohar5). All other types of gold are related to this type. Silver, on the other hand, does not possess this quality.
The same distinction exists between the form of love described in this chapter, which has the characteristic of thirst and rapturous expiry into G‑dliness, and the other forms of love which do not have this quality.
והיא אהבה כרשפי אש
This is a love like glowing coals of fire — a burning love, unlike the aforementioned forms of love which are essentially “like water,” for the soul is drawn with a yearning towards G‑d, like water which flows and is attracted in a certain direction. (Hence in the wording of the Prayer for Rain said on Shemini Atzeret: “Remember our forefather who was drawn after You like water”.) This love, on the other hand, has a totally different quality — that of glowing coals of fire.6
מבחינת גבורות עליונות דבינה עילאה
This derives from the level of the Higher Gevurot of the Higher Binah. In other words, the source of this love is from the level of Gevurah in Binah.
דהיינו, שעל ידי התבוננות בגדולת אין סוף ברוך הוא, דכולא קמיה כלא ממש חשיב
The arousal of this love comes about through meditation on the greatness of the Infinite One, before Whom all is considered as absolute nothingness.
תתלהט ותתלהב הנפש ליקר תפארת גדולתו, ולאסתכלא ביקרא דמלכא
Then, the soul becomes inflamed and flares up towards the precious splendor of His greatness, in order to gaze upon the glory of the King. This is the content of this love.
כרשפי אש שלהבת עזה העולה למעלה
It is like glowing, fiery coals of a mighty flame which surges upward (not a love which is drawn towards some object, but one which ascends with the burning fire of klot hanefesh),
וליפרד מהפתילה והעצים שנאחזת בהן
and it strives to be parted from the wick and wood on which it has taken hold.
In the same way, the soul seeks to tear away from the body, which is compared to a wick (ch. 35) and to wood (ch. 29), in relation to the fire and light of the soul.7
והיינו על ידי תגבורת יסוד האש אלקי שבנפש האלקית
This results from the predominance of the element of divine Fire that is in the divine soul, unlike other forms of love which derive from the element of Water in the divine soul.
ומזה באה לידי צמאון, וכמו שכתוב: צמאה לך נפשי
From this, the soul comes to a thirst. Just as, in the physical domain, one becomes thirsty when the element of Fire predominates, so it is in the spiritual domain, too: the ascendancy of the divine soul’s element of Fire creates a thirst within the soul, as it is written:8 “My soul thirsts for You.”9
ואחר כך לבחינת חולת אהבה
Then it reaches the level of “lovesickness”,10 where the soul is sick with love of G‑d, just as an unquenched physical thirst brings on a state of sickness.
ואחר כך באה לידי כלות הנפש ממש, כמו שכתוב: וגם כלתה נפשי
And then it comes to a virtual expiring of the soul (klot hanefesh), as it is written:11 “And my soul expires.” If not for the consequent contrary sensation of “retreat” and restraining oneself (as explained further), the soul would literally expire.
והנה מכאן יצא שורש הלוים למטה
From here, from the level of the Higher Gevurot of the Higher Binah, is derived the source of the divine service of the Levites below in this world.
ולעתיד, שהעולם יתעלה, יהיו הם הכהנים, וכמו שכתב האר״י ז״ל על פסוק: והכהנים הלוים, שהלוים של עכשיו יהיו כהנים לעתיד
(12In the future, when the world will be elevated, they will be the Kohanim13(unlike now, when the Levites are secondary to them, as it is written:14 “They shall accompany you and serve you”), as our Master, Rabbi Isaac Luria, of blessed memory, commented on the verse,15 “But the Kohanim, the Levites...” — that the Levites of today will become the Kohanim of the future.)16
ועבודת הלוים היתה להרים קול רינה ותודה, בשירה וזמרה, בניגון ונעימה
The Levites‘ service of G‑d was to raise their voice in melody and thanksgiving, with song and music, tunefulness and harmony. Music characteristically combines varied and even opposite moods, some serious (stemming from Gevurah) and others happy (stemming from Chesed).
בבחינת רצוא ושוב
Their music progressed in a manner of advance and retreat (ratzo, literally “running”, and shov, “returning”). This echoed their form of serving G‑d: the headlong advance towardsklot hanefesh, and the restraint, retreat and return from that point.
שהיא בחינת אהבה עזה זו, כשלהבת היוצאה מן הבזק, כדאיתא בגמרא פרק ב׳ דחגיגה
Such is the nature of this intense love, like a flame that flashes out of the bazak,as is mentioned in the Gemara (Chagigah, ch. 2).17
One translation of bazak is a crucible for refining gold, in which the flame flashes forth and immediately withdraws. In Yechezkel 1:14, the angels called holy chayyot “run to and from(ratzo vashov) like the appearance of the bazak.” Likewise, the love of G‑d we are discussing in this chapter first experiences ratzo, a state in which the soul surges forward as if about to expire. But then comes shov, as it is written in Sefer Yetzirah: “If your heart runs, return to One.” In other words, when your heart seeks to undergo klot hanefesh, expiring into G‑dliness, then you should return to “One” — withhold yourself from this course and return, in order to bring the revelation of G‑d’s Oneness into this physical world. At this point one realizes thatklot hanefesh is not the Divine intent, which is, rather, that the soul remain in the body and observe Torah and the mitzvot, thereby revealing the “One”, G‑d’s unity, in the world.
ואי אפשר לבאר ענין זה היטב במכתב, רק כל איש נלבב ונבון, המשכיל על דבר, ומעמיק, לקשר דעתו ותבונתו בה׳, ימצא טוב ואור הגנוז בנפשו המשכלת, כל חד לפום שיעורא דיליה
It is impossible to explain this subject clearly in writing. Yet every person with a feeling heart (i.e., who has perfection of heart), who is understanding (in that he uses his faculty of Binah), and intelligent in grasping a subject (by using his faculty ofChochmah), and delves deeply to attach his mind and understanding to G‑d (by using his faculty of Daat), will find the goodness and light concealed within his intelligent soul, each according to his capacity:
יש מתפעל כו׳ ויש מתפעל כו׳
(one is affected in one way, from one type of meditation,...and one is affected in another way, by a different form of meditation),
אחרי קדימת יראת חטא, להיות סור מרע בתכלית, שלא להיות עונותיכם מבדילים כו׳, חס ושלום
after prefacing this meditation by fear of sin, the fear of doing wrong by sinning, in order to become utterly removed from evil, withholding oneself from doing any wrong,to avoid “your transgressions interposing between you and G‑d,...” G‑d forbid.
In other words, whatever form one’s excitement with love of G‑d takes, one must first be totally removed from evildoing.
* * *
| FOOTNOTES | |
| 1. | “See also Pelach HaRimon, Vayeira (119); conclusion of Biur Tanya (mimeo) of R. Shmuel Gronem [Esterman].” (— Note of the Rebbe.) |
| 2. | Zohar I, 256b; 258b. |
| 3. | The Rebbe cites II Kings 12:5, which states: “All silver (kesef) donated for sacred purposes, is to be brought to the house of the L‑rd” — and the following verse says that this silver is to be entrusted to the Kohanim. In spiritual terms this means to say that “sacred silver” (kesef), which as mentioned above is etymologically related to longing, is the province of the Kohanim. The Rebbe also cites Torah Or, at the end of the Torah portion of Ki Tisa, where reference is made to the “sacred shekel,” which was a silver coin. |
| 4. | Bereishit 31:30. |
| 5. | Zohar II, 148a. |
| 6. | The Rebbe comments that this appears to contradict a statement of the Alter Rebbe in ch. 9. He speaks there of one who has attained “a love of G‑d, burning in his heart like a flame,...[and] his soul will...pine with desire,...rising to attain to the level of ahavah rabbah(‘abundant love’),” — and this higher level of love stems from “the element of Water.” Here, however, the Alter Rebbe says that the superior form of love is that which “burns in one’s heart like a flame,...his soul pining with desire” — “as gold is superior to silver.” The Rebbe answers his question by citing the response of the Tzemach Tzedek (in Or HaTorah, Parshat Achrei, pp. 95-96) to a similar question. The Tzemach Tzedek explains that there are two kinds of silver, ordinary silver and silver which has been refined sevenfold. This latter form of silver is even more valuable than gold. The same is true regarding the various forms of love: When the love is on the level of ordinary silver, then love which is like “flaming fire” and likened to gold is superior to it. However, “the great love of delights” is similar to that form of silver which is superior to gold. |
| 7. | “I.e., within the body itself this differentiation is between action and speech — and thought. (See Likkutei Torah, beginning of Parshat Achrei.)” (— Note of the Rebbe.) |
| 8. | Tehillim 63:2. |
| 9. | The Rebbe comments that we cannot simply say that the Alter Rebbe quotes this verse in order to prove that a soul longs for G‑d. (a) This is self-evident. (b) If proof is nevertheless needed, the Alter Rebbe should also have supported his statement that the soul reaches the point of “love-sickness” by citing the verse, “...for I am sick with love.” (c) If it is indeed necessary to prove that the soul thirsts for G‑d, why does he not cite the verse in all the previous places in Tanya where he speaks of the soul’s thirst for G‑dliness? The Rebbe therefore explains that proof is specifically necessary here, for in this instance we are speaking of the divine soul’s longing for G‑d, as opposed to the longing of the body and animal soul. For even when the divine soul finds itself in this world it still remains “truly a part of G‑d above.” Since thirsting after and longing for G‑d generally results from the person’s distance from Him, and the divine soul is not distant from Him, what is the reason for its longing? In the case of a penitent this longing would be understandable. For as explained in ch. 7, the penitent’s soul thirsts for G‑d like the parched desert soil thirsts for water. Here, however, we are speaking of an individual who has transcended even the level of “longing exceedingly for his Father’s house.” How, then, can we say that a person so close to G‑d longs and thirsts for Him? The Alter Rebbe therefore cites the verse which says that “my soul thirsts after you.” This was spoken by King David, who was of such a superior spiritual level that he had completely vanquished his evil inclination and had transformed his animal soul into holiness. Our Sages attest to this, when in commenting upon the verse, “My heart is slain within me,” they note that King David completely eradicated his evil inclination through fasting. When a person like King David who was totally devoid of any evil inclination states that his soul thirsts for G‑d, he is surely referring to his divine soul. Thus we see from this verse that it is indeed possible for the divine soul of a totally righteous individual to thirst after G‑d. But the question still remains: How is it that someone so close to G‑d still longs for Him? This is answered in the concluding section of the verse which states: “...in a land of barren wilderness.” Since King David composed this psalm in the Judean Desert, while exiled from Jerusalem, he was in a state of longing. Spiritually as well: when a divine soul finds itself in this world it is in a desert. While it may attain a lofty degree of comprehension of G‑dliness, thus finding itself in a Judean desert, its present spiritual state cannot at all compare to its former spiritual state, before its descent into this world. Hence its thirst for G‑d. In addition, writes the Rebbe, it may be said that the quoted verse also serves to show that the very contemplation itself leads to this thirst, for the phrase, “My soul thirsts after You,” is preceded by the words, “L‑rd, You are my G‑d: I shall seek You.” Thus, meditating upon G‑d’s greatness, whereby the person seeks G‑d, leads to “thirsting after You.” This is also shown by the verse, “My soul expires [with rapture for G‑d],” wherein King David — a completely righteous individual, not a penitent — demonstrates his soul’s longing for G‑d. |
| 10. | Shir HaShirim 2:5. |
| 11. | Tehillim 84:3. |
| 12. | Parentheses are in the original text. |
| 13. | The Rebbe notes that by saying that the Levites of today will become Kohanim in the future, the Alter Rebbe anticipates the following question: Earlier on it was stated that the love which is like “flaming fire” is superior to the degree of priestly love. The Alter Rebbe now states that the love likened to “flaming fire” is related to the Levites. However, since the Levites are on a lower level than the Kohanim, how can it be that their love is superior to priestly love? This is answered by saying that the Levites‘ love is indeed superior; the world, however, is in need of elevation. When this shall come to pass, the present-day Levites will indeed become the Kohanim of the future, and will cease being subservient to them. |
| 14. | Bamidbar 18:2. |
| 15. | Yechezkel 44:15. |
| 16. | The Rebbe notes that the Alter Rebbe adds the words "of today" ("the Levites of today will become the Kohanim of the future") in order to forestall the following question: The Torah was given "unto us and unto our children, forever" (Devarim 29:28). Rambam comments that we learn from this verse that one of the foremost principles of the Torah is that it remains immutable (Hilchot Yesodei HaTorah, ch. 9). How then can we possibly say that one of the laws of the Torah will (heaven forbid) be changed, so that the Levites becomeKohanim, with all the changes in Torah law that such a transformation entails? The Alter Rebbe therefore writes that this does not mean that those Levites born in the future will become Kohanim. Rather, it means that those Jews who are presently Levites will be born in the future into priestly families, thereby making them lawful Kohanim. This, however, lead to another question: If this is the case, then there is nothing novel about it; it goes without saying that any child born to a Kohen is himself a Kohen. The answer to this, says the Rebbe, lies in the fact that Levites are born as such because their soul's spiritual source and therefore their divine service - both in the Temple as well as now - is that of Gevurah. So, too, with regard to Kohanim: their source is Chesed. Since in the time after Mashiach's coming the service prompted by Gevurah will surpass that ofChesed, those who today are Levites will be born into priestly families so as to attain their superior spiritual level. |
| 17. | 13b. |
• Sefer Hamitzvos:Sunday, Iyar 21, 5775 · May 10, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 169
A Portion in the Land of Israel for the Tribe of Levi
"The Priests the Levites all the tribe of Levi shall have no portion or inheritance..."—Deuteronomy 18:1.
The tribe of Levi [this includes the priests] are forbidden from taking a tribal portion in the Land of Israel.
A Portion in the Land of Israel for the Tribe of Levi
Negative Commandment 169
Translated by Berel Bell
The 169th prohibition is that all members of the tribe of Levi are forbidden from inheriting a portion of Israel.1
The source of this mitzvah is G‑d's statement2 (exalted be He), "The Levitical priests and the entire tribe of Levi shall not have a portion and an inheritance."
FOOTNOTES
1.In the days of Joshua, Israel was divided up among the various tribes, excluding Levi. The Rambam, Hilchos Shemittah VeYovel, 13:11, holds that the prohibition only covers the portion of Israel promised to Avraham, Yitzchak and Yaakov. They may, however, take a portion of additional lands captured in the past by various Jewish kings.
2.Deut. 18:1.
Negative Commandment 170
The Levites Benefiting from Conquest Spoils
"The Priests the Levites all the tribe of Levi shall have no portion or inheritance..."—Deuteronomy 18:1.
The tribe of Levi, including the priests, are forbidden from taking a portion of the spoils taken during the conquest of the Land of Israel.
The Levites Benefiting from Conquest Spoils
Negative Commandment 170
Translated by Berel Bell
The 170th prohibition is that all members of the tribe of Levi are also forbidden from taking part of the spoils of war which were taken when Israel was being conquered.
The source of this mitzvah is G‑d's statement1 (exalted be He), "The Levitical priests and the entire tribe of Levi shall not have a portion and an inheritance." The Sifri explains, "The word 'portion' refers to spoils of war. The word 'inheritance' refers to the land."
It is possible for you to question me as follows: "Why did you count these two prohibitions — against taking a portion of the land and against taking part of the spoils — as separate mitzvos? They are included in one statement, and you already explained before2 that a lav she'b'klalus (inclusive prohibition) counts as one single prohibition!"
You must realize that Scripture itself separates the one prohibitive statement into two [in the next verse],3 "And he shall not have an inheritance." They are therefore two separate prohibitions with two separate names: the verse, "The Levitical priests ... shall not have a portion and an inheritance," which prohibits taking part of the spoils, and the verse, "And he shall not have an inheritance," which prohibits taking a portion of the land.
Both parts of this prohibition are repeated regarding the kohanim4 when G‑d (exalted be He) said to Aaron, "You shall not have any inheritance in their land, and you shall not have a portion among them." Our Sages explained5 that "You shall not have any inheritance in their land" refers to when the land was split up; "you shall not have a portion among them," refers to the spoils.
Perhaps you will think that these two prohibitions mentioned regarding the kohanim should be counted as two additional mitzvos. However, you must realize that since the prohibition is stated in general terms — "the entire tribe of Levi" — the kohanim are included. The prohibition was repeated regarding the kohanim for additional stress. The same applies wherever both the general law and a particular application are mentioned. The repetition is either to add stress or6 to complete a law which was not fully described in the one prohibitive statement.
If we would count G‑d's statement to Aaron, "You shall not have any inheritance in their land, and you shall not have a portion among them," as another prohibition in addition to, "The Levitical priests ...", we would similarly have to count the prohibitions of a kohen gadol to marry a divorcee, a chalalah, and a zonah as three more prohibitions in addition to the three which apply equally to all kohanim, whether kohen gadol or regular kohen.
And if someone will counter, "Yes, you should count them separately," we will answer that accordingly, a kohen gadol who marries a divorcee would transgress two prohibitions — one because any kohen may not marry a divorcee, and a second because a kohen gadol may not marry a divorcee. But the Gemara explains in Kiddushin7 that he only transgresses one prohibition. Therefore, it is clear that only the general prohibition is counted, and all other particular prohibitions associated with it come only to teach some particular detail or to complete the law, as we explained in Prohibition 161.8
In this same category belongs the prohibition to the kohanim not to "shave off patches of hair from their heads, nor shave the edges of their beards, nor make gouges in their skin."9 These three prohibitions were already said to the Jewish people in general: "Do not cut off the hair on the sides of your head and do not shave [the edges of your beard];"10 "Do not make a bald patch in the middle of your head for the dead;"11 and "Do not make gashes in your skin."12 They were repeated regarding the kohanim to completely describe the mitzvah, as explained in the end of tractate Makkos,13 where these three laws are explained. If these prohibitions were counted separately for kohanim and were not just given to completely describe the mitzvah, then a kohen would get two sets of lashes — one for being a Jew and one for being a kohen. But this is not the case; he gets one set of lashes just as any Jew would, as we explained in the proper place. You should understand and know this principle.
1.Ibid.
2.Introductory Principle 9.
3.Deut. 18:2.
4.Num. 18:20.
5.Sifri, Num. ibid.
6.See Kapach, 5731, footnote 44, that the Rav Kook edition changed l'chizuk oh l'hashlomas hadin to l'chizuk u'l'hashlomas hadin, as if there is only one. Chavel translates according to the Rav Kook edition, "emphasize and complete."
7.77a.
8.See also P165. Ninth Introductory Principle.
9.Lev. 21:5.
10.Lev. 19:27.
11.Deut. 14:1.
12.Lev. 19:28.
13.20a.
Positive Commandment 183
Providing Cities for the Levites
"They shall give to the Levites . . . cities to dwell in"—Numbers 35:2.
We are commanded to provide the Levites with cities in Israel in which to dwell—considering that they have no tribal portion in the Land.
These cities given to the Levites also serve as "Cities of Refuge" and provide refuge [to inadvertent murderers] under certain unique conditions.
Providing Cities for the Levites
Providing Cities for the Levites
Positive Commandment 183
Translated by Berel Bell
The 183rd mitzvah is that we are commanded to give cities to the Levites to dwell in since they have no portion in Israel.
The source of this mitzvah is G‑d's statement1 (exalted be He), "Give to the Levites cities in which to live."
These Levitical cities also serve as Cities of Refuge, and therefore provide protection under the proper conditions, as explained in tractate Makkos.2
FOOTNOTES
1.Num. 35:2.
2.10a.
Switching the Functions of the Levite Cities' Zones
Negative Commandment 228
Translated by Berel Bell
The 228th prohibition is that we are forbidden from selling the open areas surrounding the Levitical cities.
The source of this mitzvah is G‑d's statement,1 "Do not sell the open areas surrounding their cities."
You are aware that Scripture2 grants the Levites cities, open areas and fields. The open areas are 1000 amos wide and an additional 2000 amos beyond that are for fields and vineyards, as explained in tractate Sotah.3 This prohibition forbids the Levites from changing these borders. They may not make the space allotted for a city into an open area; an open area into a city; a field into an open area; an open area into a field. The phrase, "Do not sell" is explained in the Oral Tradition as meaning, "Do not change."
The details of this mitzvah are explained in the end of tractate Erachin.4
FOOTNOTES
1.Lev. 25:34.
2.Num. 35:2-5.
3.27b.
4.33b.
Positive Commandment 20
Building a Temple
"And they shall make for Me a sanctuary"—Exodus 25:8.
We are commanded to build a Sanctuary to serve [G‑d]. In it we offer sacrifices, burn the eternal flame, offer our prayers, and congregate for the festivals each year.
This is one of the three mitzvot the Jews were commanded to fulfill upon entering the Land—the other two being crowning a king and annihilating Amalek.
Included in this mitzvah are many details—e.g., building a menorah, a showbread table, altars.
Building a Temple
Positive Commandment 20
Translated by Berel Bell
The 20th mitzvah is that we are commanded to build a Sanctuary to serve [G‑d]. In it we offer sacrifices, burn the eternal flame, offer our prayers, and congregate for the festivals each year, as will be explained.1
The source of this mitzvah is G‑d's statement2 (exalted be He), "Make a Sanctuary for Me."
The Sifri3 says, "The Jewish people were commanded three mitzvos upon entering Israel: appointing for themselves a king, building themselves a Sanctuary and wiping out the descendants of Amalek." This wording ["three mitzvos"] shows clearly that building the Sanctuary is counted as a distinct mitzvah.
We have already explained4 that this general term ["Sanctuary"] includes many parts. The Menorah, the Table, the Altar, etc. are all parts of the Sanctuary, everything together is called by the name, "Sanctuary," even though the Torah gives a distinct command for each individual element.
It is possible for one to entertain the thought that G‑d's statement5 regarding the Altar, "Make for Me an earthen Altar," constitutes a mitzvah separate from that regarding the Sanctuary.6 However, the explanation is as follows: The plain meaning of the verse refers to the era when it was permissible to bring sacrifices on a bamah, i.e. when we were allowed to construct an earthen altar and bring sacrifices upon it in any location.7 However, our Sages, may they rest in peace, explained that it is a commandment to build the altar attached to the ground, and that it cannot be moved around as it was in the desert. They explained this verse in the Mechilta of R. Yishmael8: "When you enter Israel, make for Me an altar attached to the ground." If so, this does apply to all generations.9
It — building an altar of stones — is considered an integral part of the Sanctuary. The Mechilta10 explains the verse "If you make for Me an earthen altar," as follows: "R. Yishmael says, 'Wherever the Torah uses the word im (if), it is not obligatory, with three exceptions. One exception is, "If (im) you make for Me an earthen altar," which is obligatory. How do we know it is really obligatory? From the verse,11 "You shall build the altar of Hashem your G‑d with whole stones."' "
All the details pertaining to this mitzvah — i.e. building the Sanctuary, its shape, its divisions, building the Altar, and all its regulations — are explained in the tractate which deals with it specifically, tractate Middos. The shape of the Menorah, the Table, the Golden Table and their placement in the Sanctuary are explained in tractates Menachos12 and Yoma.13
FOOTNOTES
1.See P29, P52, P53, P54.
2.Ex. 25:8.
3.Deut. 12:10.
4.Introductory Principle 12.
5.Ex. 20:24.
6.This is in fact the opinion of the Ramban.
7.Since this was allowed only until the construction of the Holy Temple in Jerusalem, it would not apply for all generations and would not be counted among the 613 mitzvos. See Third Introductory Principle.
8.See Kapach, 5731, footnote 9, from Mechilta D'Rashbi.
9.Therefore, according to the Sages, it does apply for all generations and can be counted among the 613 mitzvos. Which is not the case according to the first interpretation. (See previous footnote.) The Rambam now explains that even according to this explanation, it cannot be counted as a separate mitzvah.
10.Yisro 11, Mishpatim 19.
11.Deut. 27:6.
12.28a; 97a ff.
13.33b.
Shevitat Asor - Chapter One
Halacha 1
It is a positive commandment1 to refrain from all work on the tenth [day] of the seventh month2, as [Leviticus 16:31] states: "It shall be a Sabbath of Sabbaths3for you." Anyone who performs a [forbidden] labor negates the observance of [this] positive commandment and violates a negative commandment4, as [Numbers 29:7] states, "You shall not perform any labor."
What liability does a person incur for performing a [forbidden] labor on this day? If he performs [the forbidden labor] willfully, as a conscious act of defiance,5 he is liable for karet.6If he performs [the forbidden labor] inadvertently, he is liable to bring a sin offering whose nature is fixed.7
Halacha 2
All the [forbidden] labors8 for which one is liable to be executed by stoning for performing on the Sabbath cause one to be liable for karet if performed on the tenth [of Tishrei].9 Any activity that incurs the obligation of a sin offering on the Sabbath incurs the obligation of a sin offering on Yom Kippur.
Any activity that is forbidden to be performed on the Sabbath10- although it is not a forbidden labor - is forbidden to be performed on Yom Kippur. If one performs such an act, one is punished by stripes for rebellion, as one is punished [for performing the same act] on the Sabbath.11
Whatever is forbidden to be carried on the Sabbath is forbidden to be carried on Yom Kippur.12 Whatever is forbidden to be said or done at the outset on the Sabbath is likewise forbidden on Yom Kippur.13 The general principle is that there is no difference between the Sabbath and Yom Kippur14 in this regard, except that a person who willfully performs a forbidden labor on the Sabbath is liable for execution by being stoned to death, and on Yom Kippur [such an act warrants merely] karet.
Halacha 3
It is permitted to trim a vegetable on the day of Yom Kippur from mid-afternoon15 onward.16 What is meant by trimming a vegetable? To remove the wilted leaves, and to cut the others to prepare them for consumption. Similarly, it is permitted to crack open nuts and to open pomegranates on Yom Kippur from mid-afternoon onward. [These leniencies were granted] so that one will not endure hardship.17
When Yom Kippur falls on the Sabbath, it is forbidden to trim vegetables and open nuts and pomegranates the entire day.18 It has already become the universally accepted custom in Babylon and in North Africa not to perform these activities during the fast.19Instead, [Yom Kippur is observed] as the Sabbath is with regard to all its particulars.
Halacha 4
There is another positive commandment on Yom Kippur, to refrain from eating and drinking, as [Leviticus 16:29] states: "You shall afflict your souls." According to the Oral Tradition, it has been taught: What is meant by afflicting one's soul? Fasting.20
Whoever fasts on this day fulfills a positive commandment.21 Whoever eats or drinks on this day negates the observance of [this] positive commandment and violates a negative commandment22, as [ibid. 23:29] states, "Any soul that does not afflict itself will be cut off." Since the Torah punishes a person who does not fast with karet, we can derive from this that we are forbidden to eat and drink on this day.23
A person who eats or drinks inadvertently on this day is liable to bring a sin offering of a fixed nature.
Halacha 5
Similarly, according to the Oral Tradition, it has been taught that it is forbidden to wash, anoint oneself, wear shoes, or engage in sexual relations on this day.24 It is a mitzvah to refrain from these activities in the same way one refrains from eating and drinking.
This is derived from [the exegesis of the expression,] "A Sabbath of Sabbaths." "A Sabbath" implies refraining from eating; "of Sabbaths," refraining from these activities.25
One is liable, however, for karet or a sin offering only for eating and drinking. If one washes, anoints oneself, wears shoes, or engages in sexual relations, one receives stripes for rebelliousness.
Halacha 6
Just as [the obligation to] refrain from work applies both during the day and at night, so too, [the obligation to] refrain from [these activities and thus to] afflict oneself applies both during the day and at night.
It is obligatory to add [time]26 from the mundane to the sacred at both the entrance and departure of the holiday, as [implied by ibid. 23:32]: "And you shall afflict your souls on the ninth of the month in the evening."27 [Since the date of the fast is the tenth,] the intent is [obviously] that one begin fasting and afflicting oneself in the afternoon of the ninth, which directly precedes the tenth.
Similarly, at the departure [of the holiday], one should prolong the affliction slightly, [entering] the night of the eleventh, which follows the tenth, as [implied by ibid.]: "From evening to evening, you shall keep this day of refraining."
Halacha 7
When women eat and drink until nightfall, without knowing that we are obligated to add [time] from the weekday to the holiday, they should not be rebuked,28lest they perform [the transgression] willfully. It is impossible for there to be a policeman in every person's house to warn his wives. Thus, it is preferable to let [the situation] remain [as it is], so that they will transgress unintentionally, instead of intentionally. The same [principle] applies in other similar instances.29
| FOOTNOTES | |
| 1. |
Sefer HaMitzvot (Positive Commandment 165) and Sefer HaChinuch (Mitzvah 317) both include this as one of the 613 mitzvot of the Torah.
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| 2. |
I.e., Tishrei, which is the seventh month when reckoning from Nisan.
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| 3. |
Shabbat 24b states that the word shabbaton, literally, "a day of rest," implies a positive mitzvah.
|
| 4. |
This is also considered to be one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 329) and Sefer HaChinuch (Mitzvah 315)].
|
| 5. |
The Radbaz (Vol. V, Responsum 1510) notes that the Rambam uses the expression "willingly, as a conscious act of defiance" with regard to the transgressions of idolatry (Hilchot Avodat Kochavim 3:1), the Sabbath laws (Hilchot Shabbat 1:1), and the laws of Yom Kippur. With regard to all other transgressions punishable by כרת, the Rambam merely states "as a conscious act of defiance."
The Radbaz explains that it is possible that the Rambam mentioned the concept of "willingly" with regard to these three transgressions because they are the first cases of כרת mentioned in theMishneh Torah. After mentioning the concept on these three occasions, he does not consider that further repetition is necessary.
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| 6. |
כרת means "cut off." Mo'ed Katan 28a relates that a person liable for כרת would die prematurely, before reaching the age of fifty. The Rambam (Hilchot Teshuvah 8:1) emphasizes that being "cut off in this world" is not the sum total of Divine retribution for such a transgression. In addition, the person's soul is also cut off and prevented from reaching the world to come.
|
| 7. |
The Rambam uses this term to differentiate the sin offering required here from a קרבן עולה ויורד - a guilt offering - which differs depending on the financial status of the person bringing it. (See Hilchot Shegagot 1:4.)
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| 8. |
The 39 labors forbidden on the Sabbath are listed in Hilchot Shabbat 7:1 and explained in the subsequent chapters there. Unlike the holidays, on which the forbidden labors involved in the preparation of food are permitted, on Yom Kippur these activities are forbidden.
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| 9. |
The Or Sameach notes that in contrast to the remainder of the halachah, in this instance the Rambam does not refer to the day with the name Yom Kippur. He explains that the name Yom Kippur, meaning "the day of atonement," is not relevant to a person who performs a forbidden labor on this day. Since the person acts in contrast to the holy nature of the day, he is not granted atonement.
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| 10. |
The commentaries explain that this refers to the activities defined as sh'vut, which are forbidden by the Torah. The specification of which activities should be included in this category was, however, made subject to our Sages' definitions. (See Hilchot Shabbat, Chapters 21-23.)
|
| 11. |
See Hilchot Shabbat 1:3. (See Hilchot Edut 18:6 for a definition of this punishment.)
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| 12. |
This refers to the laws of muktzeh mentioned in Hilchot Shabbat, Chapters 25-26.
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| 13. |
This refers to the prohibitions mentioned in Hilchot Shabbat, Chapter 24, which are not associated with forbidden labors, but are prohibited in order to make the Sabbath distinct from the other days of the week.
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| 14. |
On a theoretical basis, there are commentaries that take issue with the Rambam's statements, explaining that there is another difference. On the Sabbath, we follow the principle of chiluk melachot, that one can incur liability for every forbidden labor as a separate entity. Therefore, if a person inadvertently performed two different types of forbidden labor, he would have to bring two sin offerings.
These authorities maintain that on Yom Kippur (as on the holidays) this principle does not apply, and one is liable for only a single sin offering even when one inadvertently performs several types of forbidden labor. (See Sha'agat Aryeh, Responsum 70.)
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| 15. |
Mid-afternoon refers to minchah katanah, 3:30 PM (according to seasonal hours).
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| 16. |
Earlier it is forbidden, lest one eat from the vegetable. Nevertheless, by this late hour one is conscious that the evening is approaching and will refrain from breaking the fast (Shulchan Aruch HaRav 611:7).
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| 17. |
The Maggid Mishneh explains that the intent is the hardship a person would suffer if he had to labor to prepare food at night after fasting the entire day.
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| 18. |
So as not to distinguish between this and the other Sabbaths of the year, and thereby to emphasize that the leniency was granted only because of the fast (Shulchan Aruch HaRav611:6).
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| 19. |
Shabbat 115a relates that even in the time of the Talmud, this restriction was observed.
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| 20. |
In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that since the connection between the body and the soul is established through nourishment, withholding such nourishment is considered an affliction to the soul. See Yoma 74b.
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| 21. |
Sefer HaMitzvot (Positive Commandment 164) and Sefer HaChinuch (Mitzvah 313) both include this as one of the 613 mitzvot of the Torah.
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| 22. |
This is also considered one of the 613 mitzvot of the Torah [Sefer HaMitzvot (Negative Commandment 196) and Sefer HaChinuch (Mitzvah 316)].
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| 23. |
It is an established tradition that there are only two positive commandments - circumcision and offering a Pesach sacrifice - whose lack of observance are punishable by karet. Therefore, the fact that eating on Yom Kippur is punishable by karet indicates that it violates a negative commandment [Sefer HaMitzvot (Negative Commandment 196)].
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| 24. |
In his Commentary on the Mishnah (Yoma 8:1), the Rambam explains that the Torah mentions the concept of afflicting oneself on Yom Kippur five times. As such, the Oral Tradition (Yoma 76a) explains that there are five different activities forbidden on that day and cites (ibid. 76a-77a) various allusions to these five prohibitions. The terms he uses for allusions, asmachta'ot, indicates that he does not view the four prohibitions other than eating and drinking as having the status of a Torah commandment.
Similarly, the punishment that he states should be given for these activities, "stripes for rebellion," is the punishment received for transgressing a Rabbinic commandment.
[It must be noted that this matter was a question on which the Rambam deliberated. For an early edition of his Commentary on the Mishnah states that one should receive lashes for performing these activities, indicating that, at that time, he saw them as forbidden by the Torah itself. Similarly, the Rambam's wording in Sefer HaMitzvot (loc. cit.) appears to indicate that these prohibitions are forbidden by the Torah itself. This view is advanced by several authorities including Rabbenu Nissin, the Magen Avraham 611, and the Shulchan Aruch HaRav 611:2.]
Based on the explanations above, it would appear that the term "according to the Oral Tradition" as used in this halachah has a different meaning from that in the previous halachah. In the previous halachah, the term denoted an interpretation of a verse in the Torah. Therefore, the prohibition was given the status of a Torah commandment. In this halachah, the term refers to a concept that has been transmitted through a chain of tradition extending back to Moses. Nevertheless, it is a decree that does not stem from a Biblical verse and is therefore considered to be Rabbinic in origin.
Other Rabbinic authorities (Rabbenu Asher and the Ashkenazic authorities) clearly state that the prohibitions against these other activities are Rabbinic in nature. Therefore, certain leniencies are granted in their regard, as reflected in Chapter 3, Halachah 1 (Kessef Mishneh).
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| 25. |
The reference to the phrase "a Sabbath of Sabbaths" is taken from Yoma 74a. The interpretation is, however, the Rambam's.
Based on the concepts explained above - that the prohibition against the remaining four types of afflictions is Rabbinic in origin and is not based on the explanation of a verse in the Torah - theMa'aseh Rokeach suggests amending the text to read, "'A Sabbath' from work; 'of Sabbaths' from these other matters." He supports this view by noting that in Halachah 1, the Rambam had cited this expression as a proof-text for the commandment to refrain from work on Yom Kippur.
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| 26. |
The Shulchan Aruch (Orach Chayim 608:1) states that there is no limit to the amount of time one must add to the fast. This addition must, however, be made before (and after) beyn hash'mashot.
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| 27. |
From the Rambam's citation of a proof-text, it is clear that the obligation to add time to the fast of Yom Kippur stems from the Torah itself. The Maggid Mishneh adds that the Rambam's wording indicates that the obligation to add "from the mundane to the sacred" - i.e., to include some of the previous day in the fast - applies only with regard to the prohibition against eating and drinking, but not to the prohibition against performing labor.
He mentions that other authorities do not share this opinion and maintain that this obligation applies also to the prohibition against work, and that it applies also on the Sabbath and on other holidays aside from Yom Kippur.
The Radbaz (Vol. V, Responsum 1486) differs with the Maggid Mishneh. Although he agrees that the fact that, in his discussion of the prohibition of labor on the Sabbath, the Rambam does not mention the need to add "from the mundane to the sacred" supports the Maggid Mishneh's view, he is reluctant to state that the Rambam differs with all the other authorities on this issue.
(See Likkutei Sichot, Vol. XV, which explains the difference between the two perspectives. If we derive the concept of adding "from the mundane to the sacred" from Yom Kippur, the obligation revolves around the person, a chiyuv gavra in yeshivah terminology. If, by contrast, the obligation is derived from the prohibition against working on the Sabbath, it is a function of the cheftza, a result of the atmosphere of Sabbath holiness that prevents labor from being performed.)
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| 28. |
Shulchan Aruch HaRav 608:4 and the Mishnah Berurah 608:3 explain that this applies only when one is absolutely sure that the women will not accept the admonishment. If there is the possibility that they will accept the admonishment and modify their conduct, they should be admonished.
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| 29. |
The Maggid Mishneh and the Ramah (Orach Chayim 608:2) explain that this refers to any prohibition that is not explicitly stated in the Torah, even if it has its source in the interpretation of one of the Torah's verses.
If, however, a prohibition is explicitly mentioned in the Torah, rebuke should be given even when one is certain that the person committing the transgression will not accept the reproof. Further laws governing the situations when and how rebuke should be given are mentioned in Hilchot De'ot 6:7-8.
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Shemita - Chapter 12
Halacha 1
Halacha 2
Halacha 3
If the purchaser dies, [the original owner] may redeem it from his son. Similarly, if the seller dies, his son may redeem it for the duration of the twelve months.7
Halacha 4
If [the seller] sold it to one person and he sold it to another, the reckoning is made from [the date of] the first [sale]. When the first year is concluded, the house is established8 as the property of the [second] purchaser. For the [second] seller9 sold to the second [purchaser] all the rights that will accrue to him [with regard to this property].10 If twelve months pass and it is not redeemed, it is established as the property of the [second] purchaser.
Halacha 5
During a leap year, the permanent disposition of the property is not brought about until the end of the year,13 as [Leviticus 25:30] states: "Until a complete year is completed for it." [This wording indicates that] the extra month [of the leap year] is included.
Halacha 6
[The following rules apply when a person] sold two houses, one in the middle of Adar 1 and the other on Rosh Chodesh Adar II. When the month of Adar arrives in the following year,14 the year for the house sold on Rosh Chodesh II is completed.15 The year for the house sold in the middle of Adar I is not completed until the middle of Adar in the following year, for the purchaser took possession in the middle of the extra month [of the leap year].
Halacha 7
Halacha 8
When a person consecrates a house in a walled city and another person redeems it from the Temple treasury, when a year passes from the time that it was redeemed from the Temple treasury without it being redeemed by its [original] owner, it becomes established as the property of the one who redeemed it [from the Temple treasury].18 For the Temple treasury does not become the permanent owner, the purchaser does, as [implied by Leviticus 25:30]: "the one who purchases it for his generations."19
Halacha 9
When a person sells a house in a walled city and the Jubilee arrives within the first year after the sale, the house does not revert to its owner in the Jubilee.20Instead, it remains in the possession of the purchaser until the seller decides to redeem it throughout the year after its sale or it becomes established as the property [of the purchaser] after that year is completed.
Halacha 10
When a person sells a home in a settlement or in a city that is not surrounded by a wall in the appropriate manner,21 he may redeem it according to the advantages that apply with regard to both the redemption of an [ancestral] field and the redemption of a home in a walled city.
What is implied? If he desires to redeem [the home] immediately, he may,22 as is the law with regard to a home [in a walled city]. If the twelve months pass and he does not redeem it, he may redeem it until the Jubilee, as is the law regarding a field.23 When he redeems it, he makes a reckoning with the purchaser and subtracts the value of the benefit he received.24 If the Jubilee arrives without having redeemed it, the house returns [to the owner] without payment, as is the law with regard to fields.
Halacha 11
Any [residential property] within a city's wall, e.g., gardens, bathhouses, and dovecotes, is considered as a house,25 for [ibid.] states: "that are in the city." Fields that are located in the city may be redeemed according to the rules applying to fields outside the city, as [implied the phrase (ibid.)]: "And the house that will be within the city will be established." [This includes] houses and anything resembling houses, not fields.
Halacha 12
When a house is not four cubits by four cubits, it does not become the permanent property of the purchaser like the houses in a walled city.26 A house does not become the permanent property of a purchaser in Jerusalem.27 A house that is built in the wall is not considered as a home in a walled city.28
Halacha 13
Halacha 14
A city is not referred to as a walled city unless it has three or more courtyards and in each of the courtyards, it has two or more houses.32 [Moreover,] it must have been surrounded by a wall first and then the courtyards were built in its midst. If, however, a place was settled and afterwards, surrounded [by a wall] or it did not have [at least] three courtyards with [at least] two houses [each], it is not considered as a walled city. Instead, its houses are like the houses of a settlement.33
Halacha 15
We rely only on a wall that surrounded [a city] at the time of the conquest of the land.
What is implied? When a city was not surrounded by a wall at the time when Joshua conquered the land even though it is surrounded now, [the houses in it] are considered as the houses of a settlement. [Conversely,] if a city was surrounded by a wall at the time of Joshua,34 even though it is not surrounded at present, it is considered as walled.35
When the Jews were exiled after the first destruction [of the Temple], the sanctity of the walled cities from Joshua's time were nullified.36 When Ezra ascended at the time of the second entry into the land, all of the walled cities of that time became consecrated. For the entry [into the land] at the time of Ezra, i.e., the second entry, was comparable to the entry at the time of Joshua. Just as [after] their entry at the time of Joshua, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes, so too, [after] their entry in the time of Ezra, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes.37
Halacha 16
Similarly, in the Ultimate Future, upon the third entry to the land,38 we will begin to count the Sabbatical and Jubilee years and sanctify the homes in walled cities, and every place that will be conquered will be obligated in [the separation of] tithes, as [Deuteronomy 30:5]: "And God your Lord will bring you to the land that your ancestors possessed as a heritage and you shall possess." [The verse] equates [the Jews' ultimate] possession with that of their ancestors. Just as when your ancestors took possession of the land as a heritage, they practiced the renewal of all these observances, when you take possession of the land, you should practice the renewal of all these observances.39
| FOOTNOTES | |
| 1. |
As stated in Halachah 15, it is not significant whether the city is surrounded by a wall at the present time. Instead, we are speaking about cities that were walled when Joshua conqueredEretz Yisrael.
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| 2. |
I.e., the year mentioned in the Leviticus 25:29 is not a calendar year, beginning on Rosh HaShanah, but a twelve month period beginning from the day of sale.
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| 3. |
In contrast to the laws of a field that is an ancestral heritage, as mentioned in Chapter 11, Halachah 4. The return of the purchaser's money in full resembles a loan at interest - for the benefit he had in using the property is comparable to interest paid for the principal - nevertheless, because a sale is involved, there is no prohibition (Arichin 9:3).
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| 4. |
In contrast to the law regarding an ancestral heritage (Chapter 11, Halachah 18).
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| 5. |
In contrast to the law regarding an ancestral heritage (ibid.:17).
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| 6. |
In this, the laws parallel those governing an ancestral field (ibid.:17-18).
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| 7. |
Arachin 32b derives these concepts from the exegesis of relevant verses.
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| 8. |
Permanently, for it does not return to the owner in the Jubilee. See the Rambam's Commentary to the Mishnah (Arichin 9:4).
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| 9. |
Who was also the first purchaser.
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| 10. |
The Rambam is referring to a difference of opinion in Arichin, loc. cit., whether after twelve months, the house remains in the possession of the second purchaser or reverts to the first. Although one might argue that the Torah specifies that if the house is not redeemed it becomes the property of the first seller, that rationale is not accepted for the reason the Rambam states.
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| 11. |
Permanently, for it does not return to the owner in the Jubilee. See the Rambam's Commentary to the Mishnah (Arichin 9:4).
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| 12. |
For as indicated by Chapter 11, Halachah 19, a present is equivalent to a sale.
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| 13. |
I.e., until the end of a 13 month period.
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| 14. |
I.e., an ordinary year with only one Adar.
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| 15. |
For it is a full twelve months after that sale and that sale was made after the extra month of the leap year had been completed.
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| 16. |
And if that day passes, he will not be able to redeem it.
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| 17. |
This is an ordinance established by Hillel the Elder to protect the rights of the seller (Arachin 9:4). The rationale is that since the purchaser has no choice whether to accept the money or not, it is sufficient for the money to be deposited in the court for him (Arachin 32a).
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| 18. |
We are not concerned with the date on which it was consecrated. Instead, it is the date from which it was redeemed from the Temple treasury which concerns us, for that is when it was sold and it is its sale that brings about a change in ownership.
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| 19. |
I.e., for the sake of his descendants and the Temple treasury does not have descendants (Arachin 32b).
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| 20. |
The statement (Leviticus 25:30): "It shall not return in the Jubilee" applies both before the house becomes the permanent property of the purchaser and afterwards.
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| 21. |
Again, what is significant is not the present state of the city, but its state at the time of Joshua's conquest, as stated in Halachah 15.
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| 22. |
Since the sale involves a house, the seller has this advantage over the seller of a field.
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| 23. |
For Leviticus 25:31 states that they will be considered as a field.
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| 24. |
Arachin 33a [quoted by the Rambam's Commentary to the Mishnah (Arachin 9:7)] explains that since the above verse specifies that these homes can be redeemed and that they are returned in the Jubilee, we derive the concept that their redemption involves a reduction of the cost of the field.
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| 25. |
I.e., it can be redeemed only within a year and does not return in the Jubilee.
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| 26. |
For a house is not considered a house unless it is at least four cubits by four cubits (Sukkah 3b). This concept applies in several different contacts, for example, the requirement to place amezuzah (Hilchot Mezuzah 6:1) or to construct a guardrail (Hilchot Rotzeach 11:1).
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| 27. |
As the Rambam states in Hilchot Beit HaBechirah 7:14, Jerusalem was never divided among the tribes. For that reason, a person can never permanently acquire property there. Instead, houses there are bound by the laws that apply to houses in settlements (see Rashi. Arachin 32b; Bava Kama 82b).
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| 28. |
Arachin 9:5 records a difference of opinion on this issue between Rabbi Yehudah and Rabbi Shimon. Both of them base their opinion on the exegesis of the Biblical story of Rachab's home in Joshua, ch. 2.
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| 29. |
Megillah 5b explains that this refers to a situation where the city is not surrounded by a wall, but instead, its houses are built next to each other, so that it appears that it is surrounded by a wall (Rav Yosef Corcus).
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| 30. |
For example, as in the instance of Tiberias which was surrounded by a wall on one side and the sea on the other.
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| 31. |
Instead, they are governed by the laws applying to homes in a settlement.
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| 32. |
Otherwise, it is not large enough to be called a city.
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| 33. |
Interestingly, the Talmud also mentions these laws with regard to reading a Megilah in a walled city (Megilah 3b), but the Rambam does not quote them there, only here.
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| 34. |
Arachin 9:6 gives as examples: Ancient Yodefat, Gamla, Chadid, Gedod, and Ono.
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| 35. |
The Ra'avad differs with the Rambam and maintains that once a city's walls are destroyed, the city loses its unique status. The Radbaz and the Kessef Mishneh explain that the Rambam is referring to the situation in the First Temple era. If a city had a wall at the time of Joshua's conquest, but that wall was torn down, the status of the city did not change throughout that era. See also the Rambam's Commentary to the Mishnah (Arichin 9:6).
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| 36. |
And the sanctity of the land was nullified, as the Rambam states in Hilchot Beit HaBechirah 6:15,Hilchot Terumah 1:26..
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| 37. |
As stated in those sources, in contrast to the sanctification in the time of Joshua, the sanctification of the land by Ezra was only Rabbinic in origin. In his Commentary to the Mishnah (loc. cit.), the Rambam states that the cities that were walled at the time of Ezra were given the status of walled cities. From the Radbaz and the Kessef Mishneh, it appears that the cities that were given the status of walled cities by the people who returned with Ezra were cities that were considered walled cities in the era of the First Temple.
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| 38. |
I.e., when the Jews return to Eretz Yisrael led by Mashiach.
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| 39. |
The Ra'avad and others question the Rambam's statements, because he accepts the principal (see Hilchot Beit HaBechirah, loc. cit.) that through Ezra's consecration, the land was consecrated until and including the ultimate future. Kina'at Eliyahu suggests a resolution based on the fact that the sanctification of the land by Ezra was only Rabbinic in origin, while the sanctification by Mashiach will have the power of Scriptural Law. Hence, a new sanctification will be necessary.
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Shemita - Chapter 13
Halacha 1
Although the tribe of Levi does not have an ancestral portion within Eretz [Yisrael],1 the Jewish people were commanded to give them cities2 to dwell in3and [additional] residential property.4 The cities include the six cities of refuge and 42 additional cities.5 When cities of refuge will be added in the era ofMashiach,6 all will be given to the Levites.
Halacha 2
[The obligation to give] the non-developed land around the cities is explicitly mentioned in the Torah as being [a radius of] three thousand cubits in every direction from the wall of the city outward, for [Numbers 35:4-5] states: "From the wall of the city onward, 1000 cubits on all sides" and continues: "You shall measure from the outside of the city 2000 cubits on the eastern side." The first thousand are left as [additional] residential property and the 2000 that are measured outside this residential property are for fields and vineyards.
Halacha 3
Every city is given a cemetery outside these boundaries, for they do not bury their dead within their cities, as [implied by ibid.:3]: "The residential area will be for their animals, their property, and all their vital needs." [This land] was given "for their vital needs" and not for burial.7
Halacha 4
In the cities of the Levites, the city itself should not be transformed into an outlying residential area and the outlying residential area should not made part of the city. This outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area, as [Leviticus 25:34] states: "The fields of the residential area of their cities should not be sold."
Halacha 5
According to the Oral Tradition,8 it was taught that the phrase "should not be sold" should be interpreted as "should not be changed."9 Instead, all of the three, field, a residential area, and a city should remain in its original circumstances forever.
Similarly, in the other cities of [Eretz] Yisrael, the outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area. The city itself should not be transformed into an outlying residential area and the outlying residential area should not be made part of the city.
Halacha 6
A person should not destroy his home to make it into a garden, nor should he plant a garden in his ruin, lest one destroy Eretz Yisrael.10
Halacha 7
The priests and the Levites who sold fields from the fields of their cities or homes from the homes in their walled cities do not redeem their property according to the procedures [explained above].11 Instead, they may sell their fields even directly before the Jubilee and redeem them immediately.12 If they consecrated a field, they may redeem it from the possession of the Temple treasury after the Jubilee.13 They may redeem houses in a walled city whenever they desire, even after several years,14 as [Leviticus 25:32] states: "The Levites will have eternal rights of redemption."
Halacha 8
When an Israelite inherits property from his maternal grandfather who was a Levi,15 although he is not a Levite, he may redeem [the property] as if he was a Levite. Since these cities or fields belong to the Levities, they may be redeemed forever. For this law is dependent on [the characteristics of] these places, not of the owners.16
Halacha 9
When a Levite inherits the property of his maternal grandfather who is an Israelite,17 he does not have the redemption rights of a Levite, only those of an Israelite, for the verse "The Levites will have eternal rights of redemption" applies only in the cities of the Levites.
Halacha 10
The entire tribe of Levi are commanded against receiving an inheritance in the land of Canaan,18 and they were commanded against receiving a share in the spoil when the cities are conquered,19 as [Deuteronomy 10:9] states: "The priest and the Levites - the entire tribe of Levi - should not have a portion and an inheritance among Israel." "A portion" [refers to a portion] of the spoil; "an inheritance" refers to [a portion of] the land. And [Numbers 18:20]: "You20 shall not receive a heritage in their land, nor will you have a portion among them," i.e., in the spoil. If a Levite or a priest takes a portion of the spoil, he is punished by lashes.21 If he takes an inheritance in Eretz [Yisrael], it should be taken from his possession.22
Halacha 11
It appears to me23 that the above applies only with regard to the land for which a covenant was established with Abraham, Isaac, and Jacob, their descendants inherited it and it was divided among them. If, however, other lands will be conquered by a king of Israel, the priests and the Levites have the same rights as the entire Jewish people.24
Halacha 12
Why did the Levites not receive a portion in the inheritance of Eretz Yisrael and in the spoils of war like their brethren? Because they were set aside to serve God and minister unto Him and to instruct people at large in His just paths and righteous judgments, as [Deuteronomy 33:10] states:25 "They will teach Your judgments to Jacob and Your Torah to Israel." Therefore they were set apart from the ways of the world. They do not wage war like the remainder of the Jewish people, nor do they receive an inheritance, nor do they acquire for themselves through their physical power. Instead, they are God's legion, as [ibid.:11]: states: "God has blessed His legion" and He provides for them, as [Numbers 18:20] states: "I am your portion and your inheritance."26
Halacha 13
Not only the tribe of Levi, but any one of the inhabitants of the world27whose spirit generously motivates him and he understands with his wisdom to set himself aside and stand before God to serve Him and minister to Him and to know God, proceeding justly as God made him, removing from his neck the yoke of the many reckonings which people seek, he is sanctified as holy of holies.28 God will be His portion and heritage forever and will provide what is sufficient for him in this world like He provides for the priests and the Levites.29And thus David declared [Psalms 16:5]: "God is the lot of my portion; You are my cup, You support my lot."
Blessed be the Merciful One who provides assistance.
| FOOTNOTES | |
| 1. |
I.e, all the other tribes were given portions of the land as an ancestral heritage. Levi was not given such a portion. Indeed, as stated in Halachah 10, a Scriptural prohibition is involved in them receiving such a portion.
|
| 2. |
Sefer HaMitzvot (positive commandment 183) and Sefer HaChinuch (mitzvah 408) include the commandment to provide cities for the Levites among the 613 mitzvot of the Torah.
|
| 3. |
One might infer from this wording (borrowed from Numbers 35:2) that the cities do not belong to the Levites per se. They are merely given the right "to dwell" in them. Nevertheless, from the Rambam's rulings: a) (Hilchot Ma'aser Sheni 11:17) that the Levites must recite the declaration after separating the second tithes for they possess these cities; and
b) his ruling (Hilchot Rotzeach 8:10) that an accidental killer who flees to the cities of the Levites must pay rent, we can conclude that they are the owners of these cities in a way similar to the other tribes' ownership of their ancestral heritages (Likkutei Sichot, Vol. XXV, p. 93).
|
| 4. |
Our translation follows the Rambam's Commentary to the Mishnah (Arachin 9:8) which defines the term migrash as "the settlements close to the city which we refer to as outlying districts where shepherds and workers dwell."
|
| 5. |
Numbers 35:2, 6 states: "Command the children of Israel that they shall give to the Levites... cities for dwelling and residential property.... The cities that you shall give the Levites are the six cities of refuge... and in addition, you shall give 42 cities." The names of these 42 cities are mentioned in Joshua, ch. 21.
Based on Hilchot Rotzeach, loc. cit., Likkutei Sichot, differentiates between the Levites ownership of the 42 cities and their ownership of the cities of refuge. For in Hilchot Rotzeach, the Rambam states that an accidental killer who flees to the cities of refuge need not pay rent. With regard to these cities, the Levites are mere caretakers.
|
| 6. |
In Deuteronomy, ch. 19, the Torah commands the Jewish people to set aside three cities of refuge in the portion of Eretz Yisrael west of the Jordan and three in TransJordan. It then continues (Deuteronomy 19:8-9) states: 'When God will expand your borders... you must add three more cities.' In Hilchot Melachim 11:2, the Rambam refers to this command as a proof ofMashiach's ultimate coming, for "This command was never fulfilled. [Surely,] God did not give this command in vain." Ultimately, there will come an era, the era of Mashiach, when this command will be fulfilled and these cities will be separated. See also Hilchot Rotzeach 8:2-4, 9-10.
|
| 7. |
And additional land must be given for that purpose. Nevertheless, a person who accidentally killed a colleague and who fled to one of these cities should be buried within these cities, as stated inHilchot Rotzeach 7:3 (Radbaz).
|
| 8. |
See Arachin 33b.
|
| 9. |
Sefer HaMitzvot (negative commandment 228) and Sefer HaChinuch (mitzvah 342) include this commandment with the above interpretation among the 613 mitzvot of the Torah.
|
| 10. |
I.e., the intent should be to make the land a residential center.
|
| 11. |
See Chapter 11 which describes the redemption of a field that is an ancestral heritage. See Chapter 12 which describes the redemption of a home in a walled city.
|
| 12. |
In contrast to the fields of an ancestral heritage that must be sold for at least two years, as stated in Chapter 11, Halachah 9.
In the listing of the mitzvot at the beginning of these halachot, the Rambam mentions giving the Levites the potential to redeem the land as part of the prohibition against selling the lands of the Levite. This enables that mitzvah to be understood in two contexts:
a) the halachic understanding expressed in halachot 4-5, that the status of the properties should not change,
b) the simple understanding of the verse, that the Levites' property should never be permanently sold, but rather there should always be the opportunity to redeem it.
|
| 13. |
When, by contrast, an ordinary person who does not redeem his field after consecrating it, it becomes the property of the Temple treasury in the Jubilee (Hilchot Arachin 4:20-21).
|
| 14. |
While an ordinary person can redeem such houses only during the first year (Chapter 12, Halachah 7).
|
| 15. |
I.e., his maternal grandfather had no sons and his property was therefore inherited by his daughter. The daughter was married to an Israelite and so her children are Israelites. Whether she dies in her father's lifetime or afterwards, his property is inherited by her son, an Israelite.
|
| 16. |
And when the Israelite inherited his grandfather's property, he inherited all the rights his grandfather possessed.
|
| 17. |
I.e., a Levite married an Israelite women who gave birth to a son. That son is an Levite. If his maternal grandfather (an Israelite) dies without sons, his mother inherits his property and when she dies, the son who is a Levite inherits it from her.
|
| 18. |
Sefer HaMitzvot (negative commandment 169) and Sefer HaChinuch (mitzvah 504) include this commandment with the above interpretation among the 613 mitzvot of the Torah.
|
| 19. |
Sefer HaMitzvot (negative commandment 170) and Sefer HaChinuch (mitzvah 505) include this commandment with the above interpretation among the 613 mitzvot of the Torah. Sefer HaMitzvot, loc. cit., elaborates in explanation why the two charges are counted as separate commandments.
|
| 20. |
The verse is addressed to Aaron as the leader of the entire tribe of Levi.
|
| 21. |
The Radbaz states that it would appear that this applies only when one has destroyed the portion that he took. If, however, it can be returned, it should be returned and he is not subjected to lashes. (This is also the view of Sefer HaChinuch, loc. cit.) Nevertheless, the Radbaz concludes that it is possible to say that one may not compensate for this prohibition by making financial restitution and hence, lashes are required in all circumstances.
|
| 22. |
For land can never be misappropriated from its rightful owners. Hence, his taking it is of no consequence and therefore, he is not punished (Radbaz).
|
| 23. |
This phrase introduces a ruling that the Rambam arrived at through deduction, without any explicit, prior Rabbinic source.
|
| 24. |
The Ra'avad objects to the Rambam's statement, stating that if so, the priests and the Levites would not have the rights to terumah and the tithes in these lands, for (see the following halachah and Hilchot Bikkurim 105), these presents were given to the priests instead of an ancestral portion. The Kessef Mishneh strengthens the Ra'avad's argument, noting that were it not for a special Divine commandment, the priests and the Levites would not have been given a portion of the spoil gained in the war against Midian. Nevertheless, the Kessef Mishneh as well as the Radbaz explain that the spoils from the war against Midian can be used as a source to teach that similar concepts apply with regard to other wars.
|
| 25. |
In Moses' blessing to the tribe of Levi.
|
| 26. |
The Rambam cites the first portion of this verse in Halachah 10 as proof that the Levites are not entitled to a portion of the spoil nor an ancestral heritage in Eretz Yisrael. In this halachah, he explains the rationale for that exclusion. The Levites are set aside from material involvement so that they can devote themselves to the spiritual. God, however, promises that this exchange will not cause them any loss, for He will provide for their material needs.
|
| 27. |
This wording could also imply gentiles.
|
| 28. |
This expression is used by I Chronicles 23:12 to refer to the holiness of Aaron, the High Priest. The Rambam is implying that every individual can reach a similar level of holiness.
|
| 29. |
I.e., the Rambam is explaining that the motif that applies with regard to the priests and the Levites can be extended and in truth applies with regard to any person who is willing to devote his life to God's service.
|
Beis Habechirah - Chapter 1
Halacha 1
1 It is a positive commandment2 to construct a House for God,3 prepared for sacrifices to be offered within.4 We [must] celebrate there three times a year,5as [Exodus 25:8] states: "And you shall make Me a sanctuary.6"
The sanctuary constructed by Moses is already described in the Torah.7 It was only temporary,8 as [Deuteronomy 12:9] states: "For at present, you have not come unto [the resting place and the inheritance]."9
Halacha 2
After [the Jews] entered The Land [of Israel],10 they erected the Sanctuary in Gilgal during the fourteen years in which they conquered and divided [the land].11From there, they came to Shiloh,12 built a house of stone, and spread the curtains of the Sanctuary over it. It did not have a roof. The sanctuary of Shiloh stood for 369 years. When Eli died, it was destroyed.13
Halacha 3
Once the Temple was built in Jerusalem, it became forbidden to build a sanctuary for God or to offer sacrifices in any other place.19
There is no Sanctuary for all generations20 except in Jerusalem and [specifically,] on Mt. Moriah,21 as [I Chronicles 22:1] states: "And David declared: 'This is the House of the Lord, God, and this is the altar for the burnt offerings of Israel.'22 and [Psalms 132:14] states: "This is My resting place forever."23
Halacha 4
The [design of the] structure built by [King] Solomon is described explicitly in [the Book of] Kings.24 [In contrast, the design of] the Messianic Temple, though mentioned in [the Book of] Ezekiel, is not explicit or explained. Thus, the people [in the time] of Ezra built the Second Temple according to the structure of Solomon, [including] certain aspects which are explicitly stated in Ezekiel.25
Halacha 5
The followings elements are essential when constructing this House:26
a) the Sanctuary,27
b) the Holy of Holies,28
c) preceding the Sanctuary, there should be a place called the Entrance Hall.29
The three [together] are called the Temple.30
[In addition,] we must make another partition around the Temple, set off from it [slightly], resembling the curtains surrounding the courtyard of the [sanctuary in the] desert.31 Everything encompassed by this partition is similar to the courtyard of the Tent of Meeting and is called the Courtyard.32
The entire area is referred to as the Mikdash.
Halacha 6
The following utensils are required for the Sanctuary:33
a) an altar for the burnt offering and other sacrifices;34
b) a ramp to ascend to the altar. It was positioned before the Entrance Hall to the south.35
c) a wash basin36 with a pedestal where the priests would sanctify their hands and feet for the (Temple) service.37 It was positioned between the Entrance Hall and the altar, to the left when entering the Sanctuary.38
d) the altar for the incense offering,
e) the Menorah, and
f) the table [for the showbread].39
The [latter] three were placed within the Sanctuary, before the Holy of Holies.40
Halacha 7
The Menorah was in the south, to the left as one entered. The Table was to the right.41 The Showbread was placed upon it. Both of them were close to the Holy of Holies on the outside. The incense altar was positioned between these two, towards the outside.
Divisions are to be made within the Temple Courtyard to [indicate] the point to which the Israelites may proceed;42 the point to which the priests, [who were not able to participate in the Temple service,] may proceed.43
[Also,] within it, we must build structures for the various necessities of the Sanctuary. These structures were called chambers.44
Halacha 8
When we build the Temple and the courtyard, we must use large stones. If stones cannot be found, we may build with bricks.45
We may not split the stones used for the building on the Temple Mount.46Rather, we must split and chisel them outside, and [afterwards,] bring them in,47as it is said (I Kings 5:31): "And they brought great stones, costly stones, to lay the foundation of the House with hewn stone." Furthermore, it is said (ibid. 6:7): "Neither hammer, nor axe, nor any tool of iron was heard in the House while it was being built."
Halacha 9
Halacha 10
Costly stones were laid on the floor of the entire courtyard.50
Stones which were uprooted [from their fixture] are invalidated, even though they remained in place, since they were impaired. [Thus,] a priest is forbidden to stand upon them during the [Temple] service until they become fixed in the ground [again.]51
Halacha 11
Halacha 12
We must not build the Temple at night, as [Numbers 9:15] states: "on the day in which the Sanctuary was raised up." [Our Sages55 interpret this phrase as implying:] We may raise it up by day and not by night.
We must be involved with its building from sunrise until the appearance of the stars.56
Everyone is obligated to build and to assist both personally and financially;57[both] men and women,58 as in the [construction of the] Sanctuary in the desert.59 [Nevertheless,] children are not to be interrupted from their [Torah] studies.60
The construction of the Temple does not supersede the [observance of the] festivals.61
Halacha 13
The Altar should only be made as a structure of stone.62 Though the Torah states, [Exodus 20:24]: "You shall make Me an altar of earth," [that verse is interpreted63 to mean that] the altar must be in contact with the earth and not built on an arch or on a cave.64
Though [ibid.:22] states: "If you shall make an Altar of stone...," the Oral Tradition explains that the matter is not left to [our] decision, but is an obligation [incumbent upon us].65
Halacha 14
Any stone which is damaged66 to the extent that a nail will become caught in it [when passing over it], as is the case regarding a slaughtering knife,67is disqualified for [use in the] Altar or the ramp, as [Deuteronomy 27:6] states: "You shall build the Altar of the Lord with whole stones."68
From where would they bring the stones of the Altar? From virgin earth. They would dig until they reach a point which was obviously never used for tilling or for building, and they would take the stones from there.69 Alternatively, [they would take them] from the Mediterranean Sea70 and build with them.
Similarly, the stones the Temple and the Courtyard were whole.71
Halacha 15
Damaged or split stones from the Temple and the Courtyard are invalid.72 They can not be redeemed [and used for mundane purposes].73Rather, they must be entombed.74
Every stone which was touched by iron,75 even though it was not damaged, is disqualified [for use] in building the Altar or the ramp, as it is said (Exodus 20:25): "By lifting your sword against it, you will have profaned it."76
Anyone who builds the altar or the ramp with a stone that has been touched by iron [violates a negative command and] is [given] lashes,77 as it is said (ibid.): "Do not build them with hewn stone."
One who builds with a damaged stone violates a positive command.78
Halacha 16
[If] a stone was damaged or touched by iron once it had been built into the Altar or the ramp, that stone [alone] is invalidated, but the others are still fit for use.
Halacha 17
We must not make steps for the Altar, as [Exodus 22:26] states: "Do not ascend on My Altar with steps."81 Rather, we must build an incline on the southern side of the Altar,82 diminishing [in height] as it declines from the top of the Altar until the earth.83 It was called the ramp.
Anyone who ascends the Altar with steps [violates a negative command and] is [given] lashes.
Similarly, anyone who demolishes84 a single stone from the Altar, any part of the Temple building, or [the floor of the Temple Courtyard] between the Entrance Hall and the Altar85 with a destructive intent is worthy of lashes, as [Deuteronomy 12:3-4] states: "And you shall destroy their altars.... Do not do so to God, your Lord."86
Halacha 18
Halacha 19
If the nation is poor, it is permissible to make them of tin.90 If they [later] become wealthy, they should be made of gold.
Halacha 20
All the [Temple's] utensils must initially be made for sacred purposes.93If they were initially made for mundane uses,94 they may not be used for [the Temple's] sake.95
A vessel [intended to be used for the Temple], but which was never used for [the Temple] may be used for mundane purposes. Once it has been used for [the Temple], it may not be used for mundane purposes.96
Stones or boards which were originally hewn for use in a synagogue should not be used in the Temple Mount construction.97
| FOOTNOTES | |
| 1. |
The Rambam introduces each book of the Mishneh Torah by quoting a verse from the Bible. In this case, the verse chosen does more than introduce the text to follow. It also emphasizes that we are commanded to "seek out the welfare of Jerusalem" and study the laws of the Temple's construction.
|
| 2. |
Sefer HaMitzvot (positive commandment 20) and Sefer HaChinuch (mitzvah 95) include this as one of 613 mitzvot. The mitzvah is incumbent on the Jewish community as a whole and must be undertaken by the nation as a collective entity. See Hilchot Melachim 1:1 which speaks of "Israel being commanded to fulfill three mitzvot upon entering [the Promised] Land."
|
| 3. |
There are two ways to understand this mitzvah:
a) to build the Temple,
b) to ensure that the Temple be built; the mitzvah is not fulfilled until that objective is accomplished.
The question is whether the command is to perform an activity or to see that an objective is completed. In his commentary on the Torah (Exodus 35:10), the Rogachover Gaon favors the latter explanation and explains a number of possible practical differences between these abstract concepts. Among them:
a) Must a blessing be recited before taking part in the construction of the Temple? If the mitzvah is the actual building, a blessing would be required. However, if the mitzvah is to ensure that the Temple be completed, no blessing is necessary.
b) Can a gentile participate in the building of the Temple? If the actual construction is the mitzvah, it would be improper for a gentile to participate. However, if the mitzvah is dependent on the completion of the objective, the construction of the Temple, there is no difference if a gentile's efforts also aided in the fulfillment of this goal.
c) If the Temple descends from heaven - as some maintain the Third Temple will - will it be considered as if the mitzvah has been fulfilled (Likkutei Sichot, Vol. 18, p. 418).
From the Rambam' wording (Halachah 12 and elsewhere), it appears that he views the mitzvah as the activity of building.
|
| 4. |
This phrase is the subject of much commentary. In Sefer HaMitzvot(loc. cit.) the Rambam describes the mitzvah to build a Sanctuary as : "the command... to make a house for service where sacrifices will be offered."
In contrast, the Ramban (Nachmanides) views the construction of the Temple as a command with a self-contained objective. Thus, he writes in his commentary to the Torah (Exodus 25:2): "[God's] essential desire in the Sanctuary was the [construction of] a resting place for theShechinah."
Some commentaries explain the disagreement between these giants simply: According to the Rambam, the Temple was built to allow for sacrifices to be offered, while the Ramban views the revelation of the Shechinah as the Temple's purpose.
However, this interpretation can not be accepted because:
a) the Torah itself specifically refers to the Temple as (Deuteronomy 12:5): "The place which God has chosen to cause His Name to dwell there," emphasizing the revelation of Godliness.
b) when describing the mitzvah to build a Sanctuary, the Rambam himself writes that we are commanded "to construct a house for God," stressing that the main element of the Temple was the revelation of Godliness. It is after that statement, that he declares that the House must be "prepared for sacrifices to be offered within."
Therefore, it must be assumed that both sages recognized the two differing elements, and the debate between them involves the question of determining which aspect is more important. The Ramban considered the fundamental goal the revelation of Godliness and viewed man's service as a means toward that end. On the other hand, the Rambam saw man's service as the ultimate objective. However, that service could only be complete when carried out in a place where Godliness is revealed (Likkutei Sichot, Vol. 4, p. 1346, Vol. 11, p. 116, Vol. 24, p. 84).
|
| 5. |
The pilgrimage festivals; Passover, Shavuot, and Sukkot. On these festivals, each Jew was obligated to come to the Temple and present himself before God. In particular, the term "celebrate" refers to bringing the festive peace-offerings (see Hilchot Chagigah 1:1).
|
| 6. |
Even though this verse specifically refers to the construction of the sanctuary in the desert, the construction of the later sanctuaries and the building of the Temple were also implicit in that command (Kessef Mishneh).
In Hilchot Melachim (1:1), the Rambam writes "Israel was commanded to fulfill three mitzvot upon its entry into Eretz [Yisrael]: to appoint a king..., to annihilate the seed of Amalek.., and to build [God's] Chosen House as it is said: "You shall seek out His dwelling and come there." The commentaries offer different explanations why the Rambam quotes a different verse in either place.
|
| 7. |
In the Book of Exodus, Chapters 25-40.
|
| 8. |
And was replaced by other structures, as described in the following Halachah.
|
| 9. |
Commenting on this verse, Zevachim 119a declares: "'the resting place' - this is Shiloh, [for Shiloh was also merely a temporary resting place for the Divine Presence]; 'the inheritance' - this is Jerusalem." (Just as an inheritance reflects an everlasting chain, so too, the Divine Presence will always remain in Jerusalem.)
|
| 10. |
In the year 2488 after creation.
|
| 11. |
The conquest of the Land took seven years, and the division took another seven years (Zevachim 118b).
|
| 12. |
In the year 2502, built a house of stone and spread the curtains of the Sanctuary over it. It did not have a roof. The Talmud (ibid.) explains:
|
| 13. |
In the year 2871, when the Philistines captured the Holy Ark and slew Eli's two sons.
The Sanctuary of Shiloh had a greater degree of holiness than the structure which preceded it and those that followed immediately thereafter. The Sifri states that the verse (Deuteronomy 12:5): "The place which God has chosen to cause His name to dwell there" refers to "Shiloh and the Temple."
The uniqueness of Shiloh is further emphasized by the fact that while it stood, the Jews were forbidden to offer sacrifices in any other place. While the Ark was in Gilgal, and similarly, in Nov and Givon, the Jews were allowed to bring their individual sacrifices wherever they desired. However, during all the years the Sanctuary was in Shiloh, no sacrifices could be offered in any other location.
|
| 14. |
When the Philistines returned the ark after the seven months of its captivity, they brought it to Kiryat Yearim (I Samuel, Chapters 6-7). During this time, a Sanctuary was constructed in Nov and afterwards, in Givon, to provide the Jews with a place for centralized worship. However, the ark was not kept there out of fear that it might again be captured by the Philistines (Meiri, Megillah, 9b).
|
| 15. |
Of stone. Though the Rambam in his commentary on the Mishnah (Zevachim, ibid.) states that the Jews erected the Sanctuary that had stood in the desert in Nov, here he appears to follow the view mentioned by Rashi (Pesachim 38 a,b) which states that a stone structure was erected there. Similarly, Sotah 9a states that the sanctuary's structure was entombed when the Jews entered Eretz Yisrael. The Sanctuary of Nov stood for 44 years (Seder HaDorot).
|
| 16. |
By King Saul.
|
| 17. |
On the outskirts of Jerusalem (see II Samuel, ch. 6). The Sanctuary stood there for approximately 13 years.
|
| 18. |
In the year 2928, as described in the beginning of I Kings.
|
| 19. |
See Hilchot Ma'aseh HaKorbonot 18:3 which describes this prohibition. Zevachim 112b states: "When they came to Jerusalem [and erected the Temple], it became forbidden [to sacrifice in] the High Places and permission [to sacrifice] there was never granted [again]."
That prohibition was derived from the following verses (Deuteronomy 12:5-6):
The preceding verses described how the pagans had sacrificed "upon the high mountains, upon the hills, under every lofty tree." In contrast, the service of God had to be centralized in one place alone, "the place which the Lord, your God shall choose to cause His Name to dwell." Nevertheless, until an abode for the Shechinah was constructed, there was no prohibition against sacrificing anywhere in Eretz Yisrael.
As mentioned above, this prohibition was in effect during the time of the Sanctuary of Shiloh. After Shiloh was destroyed, there were no restrictions until the Temple was built. However, once theShechinah was revealed on Mount Moriah, the Jews were never allowed to offer their sacrifices at any other place.
Although Shiloh and the Temple were both considered "the place God chose...," there is a difference between the two. God's choice of Shiloh was for the benefit of the Jewish people. He wanted to offer them a centralized place of worship. However, the physical place of the Sanctuary did not itself become holy for all time.
In contrast, God chose Jerusalem as an eternal resting place for the Shechinah. The Divine Presence united with the place itself. After Shiloh was destroyed, no vestige of its former holiness remained. However, Mount Moriah remains "the gate to heaven" even after the Temple has been destroyed. Hence, permission was never granted to sacrifice in other places. See Likkutei Sichot, Vol. 24, p. 80-85.
|
| 20. |
The above prohibition extends beyond the offering of sacrifices and includes the actual construction of a sanctuary. Megillah 10a records the construction of such a sanctuary in Alexandria by Ono, the son of Shimon HaTzaddik.
|
| 21. |
The root of the name Moriah is the word hora'ah, meaning instruction. The Temple was the seat of the Sanhedrin, Israel's highest court and the source of instruction for the entire Jewish nation. Others associate it with the word yirah, meaning "fear," for from this mountain, the fear of God radiated forth.
|
| 22. |
As the Rambam explains in Chapter 2, in addition to God's choice of the site for the Temple at large, He also specifically chose the site of the Altar.
To emphasize this concept, the verse quoted by the Rambam contains two clauses. The first clause describes the choice of the Temple's site and the second, the choice of the site of the Altar.
|
| 23. |
The Rambam views these verses as more than a statement of Jerusalem's uniqueness. They also exclude the possibility of constructing other sanctuaries.
|
| 24. |
I Kings, chapter 6.
|
| 25. |
The commentaries on the tractate of Middot contrast Ezekiel's vision and the structure of the Second Temple in mishnayot 2:5, 3:1, 4:2.
|
| 26. |
i.e. if they are lacking, we have not fulfilled the mitzvah of constructing a Sanctuary.
|
| 27. |
The holy chamber containing the Golden Altar, the Menorah, and the table for the Showbread.
|
| 28. |
The inner chamber containing the Holy Ark.
|
| 29. |
This refers to a structure positioned before the Sanctuary.
The commentaries note that, in general, an equivalent to each of the structures of the Temple existed in the Sanctuary of the desert. Based on this principle, they question which structure in the Sanctuary corresponded to the Entrance Hall.
|
| 30. |
Though the three represent various levels of holiness, they are on one rung of sanctity when compared to other areas (Zevachim 2a).
The commentaries note that Jeremiah (7:4) states: "Trust not in lying words which say: 'The Temple of the Lord, the Temple of the Lord, the Temple of the Lord... ' The threefold repetition alludes to the fact that the three chambers mentioned above share an equal measure of holiness.
|
| 31. |
As described in Exodus, chapter 27.
|
| 32. |
The commentaries explain that the root of the Hebrew term azarah is the word ezra meaning "help." In the Temple Courtyard, the Jewish people call to God and He responds, granting them assistance.
|
| 33. |
As mentioned in the explanation to Halachah 1, the Rambam considers the purpose of the construction of the Temple the erection of "a house ...to offer sacrifices within." In this context, he views the fashioning of the Temple's utensils as an integral part of the mitzvah of building a sanctuary - for without them the sacrifices could not be offered. Thus, when enumerating the mitzvot, he considers the fashioning of the Sanctuary's utensils as part of the mitzvah to construct the Sanctuary and not as separate mitzvot in their own right.
As mentioned above, the Ramban, Nachmanides, disputes the Rambam's view and considers the revelation of Godliness as the primary intent of the Sanctuary's construction. He also disagrees with the Rambam in regard to the fashioning of the utensils and considers them as separate independent commands. See Hasagot Sefer HaMitzvot, Positive command 33.
There is a practicable application of the above concept. The Sanctuary could only be constructed during the daytime, (see Halachah 17). If the fashioning of the Sanctuary's utensils is to be considered as part of the mitzvah of constructing the Temple, that ruling may apply to them as well (Likkutei Sichot, Vol. 21, p. 255).
|
| 34. |
The Torah also refers to the outer altar as "the altar of the burnt offering" (Exodus 30:28, 35:16) for that was the most frequent sacrifice, offered twice daily.
|
| 35. |
See Halachah 17.
|
| 36. |
A large basin, with 12 taps. (Yoma 37a)
|
| 37. |
Before taking part in any aspect of the Temple service, the priests had to wash their hands and feet. See Hilchot Biat HaMikdash 5:1.
|
| 38. |
The entrance to the Sanctuary was from the east, facing the Holy of Holies which was in the west.
|
| 39. |
These sacred objects are discussed in detail in Chapter Two.
|
| 40. |
See Exodus 26:35.
The commentaries have asked why the Rambam does not consider the ark as one of the essential vessels of the Sanctuary. The commentary to Chapter 4, Halachah 1, addresses that issue.
|
| 41. |
The Menorah was the source of spiritual inspiration, the Table of material wealth. Because of the position of these objects, our Sages declared (Bava Batra 25b): He who desires to become wise should face south (while praying). He who desires to become wealthy should face north.
|
| 42. |
See Middot 2:6. There were steps dividing between the area set aside for Israelites and the area set aside for priests. An Israelite was not permitted to proceed beyond these steps, except:
a) to perform semichah, the placing of hands on an animal brought as a sacrifice. See Hilchot Ma'aseh HaKorbanot, ch. 3.
b) to recite confessional prayers, Vidui.
c) to slaughter an animal brought as a sacrifice,
d) to perform Tenufah, the waving of the peace offerings (Kellim 1:8. See also Chapter 7, Halachah 19, Tifferet Yisrael, Middot 2:6.)
|
| 43. |
See Chapter 7, Halachah 20.
|
| 44. |
Chapter 5, Halachah 17.
|
| 45. |
On the verse (Exodus 20:22): "If you shall build an altar of stone...," the Mechilta comments: "If you desire [to build it from] stone, you may. If you desire from bricks, you may."
|
| 46. |
Regarding the altar, the Torah declares (ibid.): "Do not build it out of hewn stone. By lifting your sword against it, you will have profaned it." The Sages (Middot 3:4) explained that iron shortens man's life, and the altar prolongs it. Therefore, iron should not be used to build the Temple. As above, the Rambam draws a parallel between the altar and the entire sanctuary.
Sotah"b quotes the two abovementioned verses and records a debate among the Sages how to resolve the apparent contradiction between them. The Rambam quotes the opinion of Rabbi Nechemiah who resolves the discrepancy by explaining that the stones were hewn outside the Temple premises and then, brought in.
In contrast, Rabbi Yehudah explained that King Solomon employed a unique wormlike creature, the Shamir, which had the power to eat through stone. The Temple's builders drew lines on the stone and then placed the Shamir upon them. The tiny creature ate through the rock, leaving the stones finely hewn without using iron.
According to most opinions, when the First Temple was destroyed, this unique species was lost, and it was impossible to build the Second Temple in this miraculous manner. Nevertheless, the stones were not hewn on the Temple Mount itself.
|
| 47. |
Thus, at least, "in the House," on the Temple premises, no iron tool was used.
|
| 48. |
Tamid 28b relates that this prohibition was enacted as a safeguard for the Scriptural commandment (Deuteronomy 16:21): "Do not plant an Asherah or any other tree near the altar that you shall make for the Lord." Though that prohibition only refers to a tree that grows in the ground and not to wood used for building purposes, the Sages instituted this measure as a "fence around the Torah."
Wood could be used for the substructure of the building. Indeed, I Kings 6:10 relates how Solomon used cedar trees for that purpose. However, they could not be used for the exterior surface of the building.
|
| 49. |
The Ra'avad objects to this Halachah, noting that there were wooden structures on the Temple Mount. The High Priest's chamber was lined with wood. In addition, wooden balconies were built in the Women Courtyard on Sukkot to allow the women to observe the Simchat Beit Hashoevahcelebrations. Thus, he concludes that the prohibition against building with any protruding wood applies only within within the Temple courtyard, from the area set off for the priests and beyond, and not elsewhere on the Temple Mount. Only that region could be described as "near the altar [of God]." Rav Yosef Corcus explains that the wooden balconies were not permanent structures. Hence, they were permitted.
|
| 50. |
See the verse from I Kings quoted in Halachah 8.
The Torah (Leviticus 26:1), commands, "Do not make a stone pavement in your land to bow down upon it." The commentaries explain that this prohibition was ordained so that the Jews would refrain from making a copy of the Temple services outside of Jerusalem.
Nevertheless, according to strict Torah law, it was not necessary to lay a stone floor for the Temple courtyard. Zevachim 24a relates that in preparation for the construction of the Temple, King David sanctified the very ground of the Temple Courtyard.
|
| 51. |
The Sages explained that it was not respectful to take part in the Temple services while standing on such a stone. Nevertheless, if a priest disobeyed this prohibition and did stand on such a stone, his service was not invalidated.
The logic of that decision can be explained as follows: There is a principle in Jewish law that a particular substance is not considered as interposing between one object and another if it and the object beneath it are of the same type. Thus, since the stone and the earth below it are considered to be of the same substance, the stone is not considered an interruption. Since, as mentioned above, the ground itself was sanctified by King David, the priest's service is not invalidated.
|
| 52. |
Shabbat 11a interprets this verse in a very literal sense, explaining that a synagogue must be the tallest building in a city.
|
| 53. |
Herod slaughtered many Sages. Bava Batra 4a explains that the Sages advised him to expiate a certain measure of his sin by rebuilding the Temple and making it attractive. The Talmud declares: "Whoever has not seen Herod's building has not seen an attractive building in his life."
|
| 54. |
Thus, Pesachim 57a relates that the Temple was covered with gold plates the thickness of a golden coin.
|
| 55. |
Sh'vuot 15b.
|
| 56. |
Generally, employees are not obligated to begin their work until the sun appears. However, in this case, due to the importance of their task, the workers were obligated to begin earlier. See Nechemiah 4:15; Berachot 2b.
|
| 57. |
Thus there are two obligations: a) the actual building of the Temple, b) assisting in the work and supporting it financially.
|
| 58. |
In particular, there is a difference in the obligations incumbent on men and women. Women are not obligated to fulfill most mitzvot which have a specific time limitation. The construction of the Temple also possesses a specific time restriction. As mentioned above, it may only by built by day and not by night. Therefore, women are not obligated to carry out the actual construction. However, in regard to the second aspect mentioned above, rendering personal and financial assistance, women are obligated as well as men.
|
| 59. |
Note Exodus 35:22 and 25, which relate the role played by women in constructing the Sanctuary. Commenting on the first of those verses, Rashi states that the women displayed greater generosity than the men.
|
| 60. |
Commenting on this law, Shabbat 119b declares: "The world is only maintained [through the merit] of the voice of school children [studying Torah]."
|
| 61. |
Yevamot 6a states: "The construction of the Sanctuary does not supersede the observance of the Sabbath, as it is written (Leviticus 19:30): 53Observe My Sabbaths and revere My Sanctuaries, 54 i.e., the Sabbath is of primary importance, even in regard to the Sanctuary. The festivals are also called Sabbaths by the Torah, cf. Leviticus 23:24 and 39. Hence, the same ruling applies to them.
Though the construction of the Temple is forbidden on the Sabbaths and festivals, sacrifices may be offered on these days even though prohibited labors are involved in this service.
This apparent discrepancy can be explained as follows: Once the Temple is constructed and complete, the holiness of its service supersedes the Sabbath prohibitions. Nevertheless, while the Temple is being constructed, those prohibitions must be observed in order to establish the sacred nature of the place.
|
| 62. |
Our text is based on authoritative manuscripts and early printings of the Mishneh Torah. The standard printed text states "hewn stone." That is obviously an error. Note Halachah 8 which describes the manner of cutting the stones used for the Temple. Even such measures were insufficient for the stones used for the Altar, as explained in the following halachot.
|
| 63. |
By the Mechilta, commenting on that verse.
|
| 64. |
In his commentary on this Halachah, the Mishneh LiMelech notes that it appears that this directive was violated in the construction of the Temple.
In Hilchot Parah Adumah 2:7 (see also Chapter 5, Halachah 1), the Rambam explains that the entire area beneath the Temple and its courtyard had been hollowed out to protect against the possibility of ritual impurity being contracted because of a grave which was buried there without anyone's knowledge.
To resolve this difficulty, the Mishneh LiMelech explains that the ground had indeed been hollowed out. However, there was a certain measure of earth that was left for support. The Altar was, therefore, considered to be in contact with the earth.
|
| 65. |
Commenting on this verse, the Mechilta states that on three occasions the Torah expresses a command using terminology which appears conditional: our verse, the verse (Exodus 22:24), "If you will lend money...," and the verse (Leviticus 2:14), "If you shall offer a meal offering of the first fruits."
|
| 66. |
I.e., cracked, split, or broken in any way. Even if the breach in the stone was not made by iron, the stone is disqualified. See Middot 3:4 and Halachah 16.
|
| 67. |
See Hilchot Shechitah 1:23.
|
| 68. |
Even though this verse describes the altar to be built by the Jews when they cross the Jordan, it teaches us fundamental principles regarding the Temple's altar.
|
| 69. |
These lines are also taken from Middot, loc. cit. The Rambam quotes the mishnah here, rather than in the following halachah, to emphasize that even a breach which was not caused by contact with iron could disqualify a stone for use. To find stones of this nature, it was necessary to dig in the manner described.
|
| 70. |
Zevachim 54a notes that whole stones could be found on the seashore. See also Tosefot, Sukkah49a.
|
| 71. |
As I Kings 6:7 states, "And the House...was built with whole stones as they were brought in." However, as explained in Halachah 8, the laws governing the stones of the Temple and the Courtyard were more lenient. They could be smoothed with iron tools outside the Temple Mount.
|
| 72. |
The Rambam stated a measure: "to the extent that a nail passing over it will become caught in it" for disqualifying stones to be used in the Altar. However, in the present Halachah, he does not mention a measure for the cracks or splits which may disqualify a stone after it has been used for the Temple. Thus, a question arises: Does the previous measure apply in this case as well, or was no measure mentioned, because even the slightest crack would disqualify the stone?
This question can be resolved as follows: In Halachah 17, the Rambam states that a person "who destroys a single stone from the Altar, any part of the Temple building, or [the floor of the Temple Courtyard]," violates a negative command, "as it is said (Deuteronomy 12:3-4): 'And you shall destroy their altars...Do not do so to the Lord, your God. '
By mentioning the prohibition against the destruction or damage to the Altar's stones in the context of "their altars," the prohibition against idol worship, the Torah creates an association between the two. Even the slightest measure of property consecrated unto a false god is prohibited. So, too, even the smallest crack may disqualify one of the Temple's stones.
|
| 73. |
Since they were used for the building of the Temple, it is not fitting for them to be used for mundane matters afterwards (Mishneh Limelech).
The Tosefta (Megillah, Chapter 2) discusses whether this principle applies to other sacred structures, such as a synagogue.
|
| 74. |
Middot 1:6 describes that a special chamber just outside the Temple courtyard was set aside for entombing the stones of the Courtyard which were defiled by the Greeks before the Hasmoneans reconquered the Temple.
|
| 75. |
As mentioned above, iron is often used for death and destruction. This stands in direct contradiction to the purpose of the Altar. Therefore, the Torah insisted that stones which had been prepared for building the Altar were forbidden to have any contact with that metal.
|
| 76. |
The source for the Rambam's statements is Middot, Chapter 3, Mishnah 4.
However, the terminology used by the Mishnah and quoted by the Rambam is subject to debate. The Rosh interprets the Mishnah strictly and maintains that contact with iron disqualifies a stone even though no blemish was made in the stone.
|
| 77. |
Sefer HaMitzvot (negative commandment 79) and Sefer HaChinuch (mitzvah 40) include this as one of 613 mitzvot of the Torah.
|
| 78. |
As it is written (Deuteronomy 27:6): "You shall build the Altar of the Lord with whole stones." It is interesting to note that though the Rambam uses this expression, he does not consider this command as one of the 613 mitzvot of the Torah.
|
| 79. |
To clean it from the blood of the sacrifices.
|
| 80. |
To apply and smooth the cement. The Ra'avad suggests that a wooden tool was employed for this purpose.
|
| 81. |
The verse continues, explaining the reason for the command: "so that your nakedness not be revealed upon it."
The commentaries explain that spreading one's legs as when walking up steps does not show fitting deference to God's altar.
This command raises an obvious question: If walking up steps is not considered respectful, why were any steps allowed on the Temple Mount? It was necessary to ascend steps to enter the Temple building itself!
Among the answers given to this question is: The ramp possessed a degree of holiness comparable to that of the Altar itself (as obvious from Halachot 15 and 16). Thus, one's manner of ascent could be considered a sign of respect or disrespect to the Altar. In contrast, the steps leading to the Temple building have a lower level of sanctity (as obvious from Halachah 5). Thus, the way in which one approached is not as significant. (See Likkutei Sichot, Vol. 21, p. 119).
|
| 82. |
To the left when facing the Temple.
Zevachim 62b expounds this concept as follows: Leviticus 1:11 declares that "He shall slaughter it at the foot of the Altar, on its north side." If the north side was to be the Altar's foot, its head, i.e. the side from which we approach, would be at the south.
|
| 83. |
The ramp began at a height of 8.83 cubits and was inclined over 32 cubits.
|
| 84. |
One is only liable if his intent was to destroy. If he had intended to improve upon the building, there is no prohibition. Therefore, when King Herod desired to beautify the Temple, as mentioned in (Halachah 11), he was allowed to tear down the previous structure. See also Bava Batra 3b.
|
| 85. |
The Rambam also mentions this prohibition in Hilchot Yesodai HaTorah (6:7). There, he does not restrict the scope of the prohibition, and states that it applies throughout the Temple Courtyard including the area outside the region specified here. Most commentaries view that opinion as more precise.
|
| 86. |
Even though the command is stated in the positive, it is considered one of the 365 negative commands of the Torah. See Sefer HaMitzvot (negative commandment 65) and Sefer HaChinuch(mitzvah 437).
|
| 87. |
I.e., the tongs and scoops used to clean out its wicks and ashes. See Exodus 25:38.
|
| 88. |
I.e., the bread molds, incense bowls, frames, and dividers (ibid.:29).
|
| 89. |
Menachot 28b derives this Halachah as follows: One of the thirteen principles of Biblical analysis expounded by Rabbi Yishmael (in the introduction to the Sifra, and included in our morning prayers) is as follows: "When a generalization is followed by a specific example and then, by a second generalization, the law is applicable to other cases similar to the specific example mentioned."
The command to fashion the Menorah was expressed as follows (Exodus 25:31): "You shall make a Menorah out of pure gold. You shall fashion it by hammering it out." The Sages commented, "You shall make a Menorah" is a generalization, "out of pure gold" is a specific example, and "You shall fashion it," a second generalization. Thus, the Menorah may be made from other substances similar to gold, i.e., any metal. The same principle is then expanded to include other utensils.
|
| 90. |
Menachot 28b relates that when the Greeks controlled the Temple, they defiled all its utensils. When the Hasmoneans reconquered Jerusalem, they were very poor and constructed theMenorah of iron staves coated with tin. Afterwards, they acquired more means and made aMenorah of silver. Ultimately, they were able to make one of gold.
|
| 91. |
Bereishit Rabbah declares: "Gold was created only for the sake of the Temple."
This metal is really too precious for our world, and was only given to us to be used for these sacred purposes. Therefore, fashioning even the Temple's most insignificant utensils from this metal is not an unnecessary extravagance, but rather the fulfillment of God's intent when He created gold.
|
| 92. |
Middot 2:3 relates that the Second Temple's gates were originally built of other metals. Generations later, the people prospered, and plated them with gold.
|
| 93. |
Before fashioning the utensil, the craftsman must have the intention that they be used for the Temple.
|
| 94. |
Even if they were never used for those reasons
|
| 95. |
The term translated as "the Temple," gavohah, literally means "the Most High." Because of the departure from the literal meaning, it is set off with brackets.
|
| 96. |
The sanctity of the Temple's utensils has two dimensions:
a) that conveyed by one's intention when fashioning the utensil,
b) that brought about by its use in the Temple services.
Without the proper intention, an object may never be used in Temple services. However, the intention alone is not sufficient to distinguish that object as holy and prevent its use for mundane purposes.
|
| 97. |
Since the sanctity of a synagogue is not as great as that of the Temple, the building materials are not considered as prepared for that holy purpose.
|
• Sunday, Iyar 21, 5775 · 10 May 2015
Iyar 21, 36th day of the omer
Torah lessons: Chumash: B'chukotai, Revi'i with Rashi.
Tehillim: 104-105.
Tanya: for "By the word (p. 261)...has been explained above. (p.261).
Every person must know that G-d, through His individual Providence, gives each person the ability to bring G-d's supernal Will from the potential state to the actual. This is done through fulfilling the mitzvot and strengthening Judaism and our holy Torah at all times in every place. All depends solely upon one's avoda.
Daily Thought:
Constructive Worrying
The world around you is in shambles—and you are probably no exception. The chasm between what you should be and what you actually are is so vast, you cannot see yourself changing anything.
That’s His job. Your job is to think good thoughts. Your job is to do good deeds.
He will make a bridge from your thoughts to your deeds and together they will become the most powerful instrument of change in the world.
____________________________
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