Today in Jewish History:
• Jerusalem Walls Breached (423 BCE)
The Babylonian armies of King Nebuchadnezzar breached the walls of Jerusalem on the 9th of Tammuz in the year 3338 from creation (423 BCE); King Ziddikiahu of Judah was captured and taken to Babylon (Jeremiah 39:5. A month later, the capture of Jerusalem was completed with the destruction of the Holy Temple and the exile of all but a small number of Jews to Babylon). Tammuz 9 was observed as a fast day until the second breaching of Jerusalem's walls (by the Romans) on the 17th of Tammuz, 3829 (69 CE), at which time the fast was moved to that date. (Talmud, Rosh Hashanah and Tur Orach Chaim 549)
Links:
thethreeweeks.com
The Destruction
Daily Quote:
"Console, console My people," says your G-d. Speak to the heart of Jerusalem and call to her, for she has become full from her host, for her iniquity has been appeased; for she has taken from the hand of the Lord double for all her sins...[Isaiah 40:1-2 (read on the Shabbat after Tisha B'Av)]
Daily Study:
Chitas and Rambam for today:
Chumash: Chukat, 6th Portion Numbers 21:10-21:20 with Rashi
• Chapter 21
10The children of Israel journeyed on and camped in Oboth. יוַיִּסְעוּ בְּנֵי יִשְׂרָאֵל וַיַּחֲנוּ בְּאֹבֹת:
11They journeyed from Oboth and camped in the wasteland passes in the wilderness, which faced Moab, toward the rising sun. יאוַיִּסְעוּ מֵאֹבֹת וַיַּחֲנוּ בְּעִיֵּי הָעֲבָרִים בַּמִּדְבָּר אֲשֶׁר עַל פְּנֵי מוֹאָב מִמִּזְרַח הַשָּׁמֶשׁ:
the wasteland passes: Heb. בְּעִיֵּי הָעֲבָרִים. I do not know why they were called עִיּים, wastelands. The word עִי denotes a ruin; something swept aside with a broom. Only the letter ‘ayin’ in it belongs to the root; it derives from the word עִי“shovels” (Exod. 27:3), [and as in] וְיָעָה בָרָד,“and hail shall sweep away” (Isa. 28:17). - [Machbereth Menachem p. 135] בעיי העברים: לא ידעתי למה נקרא שמם עיים. ועי לשון חורבה הוא דבר הטאוט במטאטא, והעי"ן בו יסוד לבדה והוא מלשון יעים, (ישעיה כח, יז) ויעה ברד:
passes: This was the route for those crossing Mount Nebo on the way to the Land of Canaan, which separates the land of Moab from the land of Amorites. העברים: דרך מעבר העוברים שם את הר נבו אל ארץ כנען, שהוא מפסיק בין ארץ מואב לארץ אמורי:
facing Moab toward the rising sun: To the east of the land of Moab. על פני מואב ממזרח השמש: במזרחה של ארץ מואב:
12From there they journeyed, and they encamped along the stream of Zered. יבמִשָּׁם נָסָעוּ וַיַּחֲנוּ בְּנַחַל זָרֶד:
13From there they journeyed, and they encamped on the other side of the Arnon, which was in the desert, extending from the Amorite border, for Arnon was the Moabite border between Moab and the Amorites. יגמִשָּׁם נָסָעוּ וַיַּחֲנוּ מֵעֵבֶר אַרְנוֹן אֲשֶׁר בַּמִּדְבָּר הַיֹּצֵא מִגְּבֻל הָאֱמֹרִי כִּי אַרְנוֹן גְּבוּל מוֹאָב בֵּין מוֹאָב וּבֵין הָאֱמֹרִי:
from the Amorite border: Heb. מִגְּבֻל הָאֱמֹרִי, the boundary at the edge of their territory. Similarly,“the border of Moab (גְּבוּל מוֹאָב),” a term denoting an edge and an end. מגבול האמורי: תחום סוף מצר שלהם, וכן (דברים ב, יח) גבול מואב, לשון קצה וסוף:
on the other side of the Arnon: They circled the southern and eastern [sides] of the land of Moab, until they came to the other side of the Arnon [river] in the middle of the Amorite territory, to the north of the land of Moab. מעבר ארנון: הקיפו ארץ מואב כל דרומה ומזרחה עד שבאו מעבר השני לארנון בתוך ארץ האמורי בצפונה של ארץ מואב:
extending from the Amorite border: A strip of Amorite territory protrudes from the Amorite border into Moabite territory [reaching] until Arnon, which is the Moabite border. The Israelites camped there, without entering the border of Moab, (for Arnon was the Moabite border, and they did not allow them to pass through their land. Even though Moses did not state this explicitly, Jephthah did explain it), as Jephthah said, “Also to the king of Moab he sent, but he was unwilling” (Jud. 11:17). Moses, however, alludes to it: “Just as the children of Esau who dwell in Seir, and the Moabites who dwell in Ar, did for me” (Deut. 2:29). [He meant to say:] Just as these [children of Esau] did not permit them to pass through their lands, but they circled around them, so did Moab too. היוצא מגבול האמורי: רצועה יוצאה מגבול האמורי והיא של אמוריים ונכנסת לגבול מואב עד ארנון, שהוא גבול מואב ושם חנו ישראל, ולא באו לגבול מואב, כי ארנון גבול מואב, והם לא נתנו להם רשות לעבור בארצם. ואף על פי שלא פירשה משה, פירשה יפתח, כמו שאמר יפתח (שופטים יא, יז) וגם אל מלך מואב שלח ולא אבה. ומשה רמזה (דברים ב, כט) כאשר עשו לי בני עשו היושבים בשעיר והמואבים היושבים בער, מה אלו לא נתנום לעבור בתוך ארצם אלא הקיפום סביב, אף מואב כן:
14Concerning this it is told in the account of the Wars of the Lord, "What He gave at the [Sea of] Reeds and the streams of Arnon. ידעַל כֵּן יֵאָמַר בְּסֵפֶר מִלְחֲמֹת יְהֹוָה אֶת וָהֵב בְּסוּפָה וְאֶת הַנְּחָלִים אַרְנוֹן:
Concerning this it is told: Concerning this encampment, and the miracles that happened there, “it is told in the account of the wars of the Lord”: when they relate the miracles that happened to our forefathers, they will relate: “What He gave….” על כן: על חניה זו ונסים שנעשו בה יאמר בספר מלחמות ה', כשמספרים נסים שנעשו לאבותינו יספרו את והב וגו':
What He gave: Heb. אֶת וָהֵב, like אֶת יָהֵב [which is the Aramaic root meaning to give]. Just as from [the root] יעד we say ועד so from יהב ‘to give’ [we get] והב, and the “vav” is [part of] the root. That is to say, what He gave (יהב) them and wrought many miracles at the Red Sea. — [Onkelos] את והב: כמו את יהב, כמו שיאמר מן יעד ועד, כן יאמר מן יהב והב. והוי"ו יסוד הוא, כלומר את אשר יהב להם הרבה נסים בים סוף:
and the streams of Arnon: Just as we recount the miracles of the Red Sea, so should we recount the miracles that happened at the streams of Arnon, for here too, many great miracles were performed. What were those miracles?…- [Midrash Tanchuma Chukkath 20, Num. Rabbah 19:25] ואת הנחלים ארנון: כשם שמספרים בנסי ים סוף, כך יש לספר בנסי נחלי ארנון, שאף כאן נעשו נסים גדולים. ומה הם הנסים:
15And the spilling of the streams that turned to settle at Ar and leaned toward the border of Moab. טווְאֶשֶׁד הַנְּחָלִים אֲשֶׁר נָטָה לְשֶׁבֶת עָר וְנִשְׁעַן לִגְבוּל מוֹאָב:
The spilling of the streams: The Aramaic translation of שֶׁפֶךְ,“spilling,” is אֶשֶׁד -the spilling of the streams, for [there] the blood of the Amorites who were hidden there was spilled. The mountains were high and the gorge deep and narrow, and the mountains were so close to each other, that a man standing on the mountain on one side [of the gorge] could speak to his fellow standing on the mountain on the other side. A road passed along [the floor of] the gorge. The Amorites said, “When the Israelites enter the land by passing through the gorge, we will come out of the caves in the mountains above them and kill them with arrows and stones shot from catapults.” There were clefts in the rock on the Moabite side [of the canyon], and directly opposite those clefts, on the mountain on the Amorite side, there were protrusions, [appearing] like horns and breasts. When the Israelites prepared to pass through, the mountain of the Land of Israel trembled, like a maidservant going out to greet her mistress, and moved toward the mountain of Moab. Then those breastlike protrusions entered the clefts, killing them [the Amorites]. This is the meaning of, “that turned to settle at Ar.” The mountain swung from its place and moved toward the side of the Moabite border, and attached itself to it. Thus, “[it] leaned on the border of Moab.” - [Midrash Tanchuma Chukkath 20, Num. Rabbah 19:25] ואשד הנחלים: תרגום של שפך אשד. שפך הנחלים שנשפך שם דם אמוריים שהיו נחבאים שם, לפי שהיו ההרים גבוהים והנחל עמוק וקצר וההרים סמוכים זה לזה, אדם עומד על ההר מזה ומדבר עם חבירו בהר מזה, והדרך עובר תוך הנחל. אמרו אמוריים כשיכנסו ישראל לתוך הנחל לעבור, נצא מן המערות בהרים שלמעלה מהם ונהרגם בחצים ואבני בליסטראות. והיו אותן הנקעים בהר של צד מואב ובהר של צד אמוריים היו כנגד אותן נקעים כמין קרנות ושדים בולטין לחוץ, כיון שבאו ישראל לעבור נזעדזע ההר של ארץ ישראל, כשפחה היוצאת להקביל פני גבירתה, ונתקרב לצד הר של מואב ונכנסו אותן השדים לתוך אותן נקעים והרגום. וזהו אשר נטה לשבת ער, שההר נטה ממקומו ונתקרב לצד גבול מואב ונדבק בו, וזהו ונשען לגבול מואב:
16From there to the well; that is the well of which the Lord said to Moses, 'Gather the people, and I will give them water.'" טזוּמִשָּׁם בְּאֵרָה הִוא הַבְּאֵר אֲשֶׁר אָמַר יְהֹוָה לְמשֶׁה אֱסֹף אֶת הָעָם וְאֶתְּנָה לָהֶם מָיִם:
From there to the well: From there the flow [of blood] came to the well. How? The Holy One, blessed is He, said, “Who will inform My children of these miracles?” The proverb goes, “If you give a child bread, inform his mother” (Shab. 10b). After they passed through, the mountains returned to their places, and the well descended into the stream, and brought up the blood of the slain, their arms, and their limbs, and carried them around the camp. The Israelites saw them and sang a song. — [Midrash Tanchuma Chukkath 20, Num. Rabbah 19:25] ומשם בארה: משם בא האשד אל הבאר. כיצד, אמר הקב"ה מי מודיע לבני הנסים הללו. המשל אומר נתת פת לתינוק הודיע לאמו. לאחר שעברו חזרו ההרים למקומם והבאר ירדה לתוך הנחל והעלתה משם דם ההרוגים וזרועות ואיברים ומוליכתן סביב המחנה וישראל, ראו ואמרו שירה:
17Then Israel sang this song: "'Ascend, O well,' sing to it! יזאָז יָשִׁיר יִשְׂרָאֵל אֶת הַשִּׁירָה הַזֹּאת עֲלִי בְאֵר עֱנוּ לָהּ:
Ascend, O well: from the stream, and bring up what you are to bring up. How do we know that the well informed them? For it says, “From there… the well.” Was it [really] from there? Was not [the well] with them since the beginning of the forty years? However, it descended to proclaim the miracles. Similarly, “Then Israel sang this song,” was said at the end of forty [years], but the well was given to them at the beginning of the forty [years]. Why was it [the song] written here [instead of earlier]? Because the subject [of the song] is explained in connection to what precedes it in the above text. — [Midrash Tanchuma Chukkath 20, Num. Rabbah 19:25] עלי באר: מתוך הנחל והעלי מה שאת מעלה. ומנין שהבאר הודיעה להם, שנאמר ומשם בארה. וכי משם היתה, והלא מתחלת ארבעים שנה היתה עמהם, אלא שירדה לפרסם את הנסים, וכן אז ישיר ישראל. השירה הזאת נאמרה בסוף ארבעים, והבאר נתנה להם מתחלת ארבעים, ומה ראה ליכתב כאן, אלא הענין הזה נדרש למעלה הימנו:
18A well dug by princes, carved out by nobles of the people, through the lawgiver with their staffs, and from the desert, a gift. יחבְּאֵר חֲפָרוּהָ שָׂרִים כָּרוּהָ נְדִיבֵי הָעָם בִּמְחֹקֵק בְּמִשְׁעֲנֹתָם וּמִמִּדְבָּר מַתָּנָה:
A well dug out: this is the well dug out by princes, Moses and Aaron. — [See Mid. Lekach Tov, Mid. Hagadol, Mid. Aggadah] באר חפרוה: זאת היא הבאר אשר חפרוה שרים משה ואהרן:
with their staffs: Heb. בְּמִשְׁעֲנֹתָם, with the staff [upon which the Explicit Name was engraved (Reggio edition)]. — [See Targum Jonathan, Exod. 4:20] במשענותם: במטה:
from the desert: it was given to them [as a gift]. — [Onkelos] וממדבר: נתנה להם:
19From the gift, to the streams, and from the streams to the heights. יטוּמִמַּתָּנָה נַחֲלִיאֵל וּמִנַּחֲלִיאֵל בָּמוֹת:
From the gift, to the streams: As the Targum renders it [since it was given to them, it descended with them to the streams]. וממתנה נחליאל: כתרגומו:
20From the heights to the valley in the field of Moab, at the top of the peak, that overlooks the wastelands." כוּמִבָּמוֹת הַגַּיְא אֲשֶׁר בִּשְׂדֵה מוֹאָב רֹאשׁ הַפִּסְגָּה וְנִשְׁקָפָה עַל פְּנֵי הַיְשִׁימֹן:
From the heights to the valley in the field of Moab: For there Moses died and the well ceased. Another interpretation: A well dug out by princes - When they encamped each tribal chieftain took his staff and drew it toward his division and his camp. The waters of the well were drawn after that mark, and came in front of the camping place of each tribe - [Midrash Tanchuma Chukkath 21, Num. Rabbah 19:25]. ומבמות הגיא אשר בשדה מואב: כי שם מת משה ושם בטלה הבאר. דבר אחר כרוה נדיבי העם כל נשיא ונשיא כשהיו חונים נוטל מקלו ומושך אצל דגלו ומחנהו ומי הבאר נמשכין דרך אותו סימן ובאין לפני חניית כל שבט ושבט:
through the lawgiver: Through Moses, who was called lawgiver, as it says, “for there the portion of the lawgiver is concealed” (Deut. 33:21). But why is Moses not explicitly mentioned in this song? Because he was smitten through the well. And because Moses’ name is not mentioned, the Name of the Holy One, blessed is He, is not mentioned. This can be compared to a king who was invited to a banquet. He said,“If my friend is there, I will be there, but if not, I am not going.” - [Midrash Tanchuma Chukkath 21, Num. Rabbah 19:26] במחקק: על פי משה שנקרא מחוקק, שנאמר (דברים לג, כא) כי שם חלקת מחוקק ספון. ולמה לא נזכר משה בשירה זו, לפי שלקה ע"י הבאר. וכיון שלא נזכר שמו של משה לא נזכר שמו של הקב"ה. משל למלך שהיו מזמנין אותו לסעודה, אמר אם אוהבי שם אני שם, ואם לאו איני הולך:
at the top of the peak: Heb. רֹאשׁ הַפִּסְגָּה, as the Targum [Onkelos] renders,“the top of the height.” ראש הפסגה: כתרגומו ריש רמתא:
the peak: Heb. פִּסְגָּה, a term denoting height. Similarly, פַּסְּגוּ אַרְמְנוֹתֶיהָ (Ps. 48:14), raise high its palaces. פסגה: לשון גובה, וכן (תהלים מח, יד) פסגו ארמנותיה, הגביהו ארמנותיה:
that overlooks: That peak [overlooks] a place called Jeshimon, a word which describes a desert, which is a desolate place (שָׁמֵם). Another interpretation: The well can be seen from the Jeshimon, for the well was hidden in the Sea of Tiberias [Kinnereth], and anyone standing on the wastelands [above the sea] can look down and see a kind of sieve in the sea, and that is the well. In this manner R. Tanchuma explained it. — [Midrash Tanchuma Chukkath 21, Num. Rabbah 19:25] ונשקפה: אותה הפסגה על פני המקום ששמו ישימון, והוא לשון מדבר שהוא שמם. דבר אחר ונשקפה הבאר על פני הישימון שנגנזה בימה של טבריה והעומד על הישימון מביט ורואה כמין כברה בים והיא הבאר, כך דרש רבי תנחומא:
Daily Tehillim: Psalms Chapters 49 - 54
• Chapter 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot redeem his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they study, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
Tanya: Igeret HaTeshuva , Chapter 2• Lessons in Tanya
• Friday, Tammuz 9, 5775 · June 26, 2015
Today's Tanya Lesson
Igeret HaTeshuva , Chapter 2
Repentance, as the Alter Rebbe explained in the opening chapter, is in no way synonymous with fasting for a sin that one has committed; repentance merely entails abandoning the sin for all time. This is so even with regard to transgressions — those punishable by excision or by execution — whose atonement becomes complete through suffering. Even in these instances the suffering is not intended to be self-inflicted through fasting, but is brought on from Above.
אך כל זה לענין כפרה ומחילת העון, שנמחל לו לגמרי מה שעבר על מצות המלך כשעשה תשובה שלמה
However, all this refers to atonement and forgiveness of the sin — [the offender] is pardoned completely for having violated the command of the King once he has repented fully.
Atonement and forgiveness thus do not require fasting. If the individual repents fully:
ואין מזכירין לו דבר וחצי דבר ביום הדין, לענשו על זה חס ושלום בעולם הבא, ונפטר לגמרי מן הדין בעולם הבא
No charge nor semblance of an accusation is mentioned against him on the day of judgment so that he should be punished for his sin, G‑d forbid, in the World to Come; in his trial there he is completely exonerated.
אמנם שיהיה לרצון לפני ה׳, ומרוצה וחביב לפניו יתברך כקודם החטא, להיות נחת רוח לקונו מעבודתו, היה צריך להביא קרבן עולה
Nonetheless, in order that he should be acceptable before G‑d, as beloved of Him as before the sin, so that his Creator might derive delight from his service, — [in past times] he would bring an olah offering,1 in addition to his repentance,
אפילו על מצות עשה קלה שאין בה כרת ומיתת בית דין
even for [transgressing] an ordinary positive commandment that involves no excision or execution.
כמו שדרשו רז״ל בתורת כהנים על פסוק: ונרצה לו
In this spirit our Sages in Torat Kohanim interpret the verse,2 “It shall be acceptable for him,” — that the olah offering causes a person who violated a positive command to become acceptable to G‑d.
וכדאיתא בגמרא פרק קמא דזבחים, דעולה מכפרת על מצות עשה, והיא דורון לאחר שעשה תשובה ונמחל לו העונש
Thus too we find in the Talmud, in the first chapter of Zevachim,3 that the olahoffering atones for [the violation of] positive commandments; it is a “gift” [that is offered] after one has repented and been pardoned his punishment.
וכאדם שסרח במלך ופייסו על ידי פרקליטין, ומחל לו
This is like the case of a man who displeased his king, appeased him through intercessors, and was forgiven by him;
אף על פי כן שולח דורון ומנחה לפניו, שיתרצה לו לראות פני המלך
still he will send a gift, so that the king might consent that he appear again before his sovereign.
The olah offering was similarly brought as a gift to G‑d after the offender had repented and had been granted a pardon, in order that he once again find favor in His eyes, and be beloved by Him as before the sin.
ולשון מכפרת, וכן מה שכתוב בתורה: ונרצה לו לכפר עליו
(4The expression “atones” quoted from the Talmud, and in the verse,5 “It shall be acceptable for him, to atone for him,”
אין זו כפרת נפשו
does not refer to the soul’s atonement for the sin, for this is accomplished through repentance,
אלא לכפר לפני ה׳, להיות נחת רוח לקונו
but rather (so to speak) his restoration before G‑d, so that he will bring his Creator gratification; no vestige of the sin will remain, and the former offender will be beloved of G‑d as before,
כדאיתא שם בגמרא
as the Talmud teaches there — that once the person has been pardoned, then comes the gift of the olah offering,
וכמו שכתוב: תמים יהיה לרצון
and as the verse states:6 “It shall be perfect, so that it be acceptable.”)
ועכשיו שאין לנו קרבן להפיק רצון מה׳, התענית הוא במקום קרבן, כמו שכתוב בגמרא: שיהא מיעוט חלבי ודמי שנתמעט כאלו הקרבתי לפניך כו׳
Today, when we have no offerings to call forth G‑d’s pleasure, fasting replaces the offering. As the Talmud says, that the prayer of one who is fasting is:7 “May my loss of fat and blood brought about through fasting be regarded as though I had offered it to You [as a sacrifice on the altar].”
The purpose of fasting, then, is that one become acceptable to G‑d just as before the sin.
ולכן מצינו בכמה תנאים ואמוראים, שעל דבר קל היו מתענים תעניות הרבה מאד
This is why there are many cases of Talmudic Sages, who for some trivial fault undertook a great many fasts.
כמו רבי אלעזר בן עזריה, שהיה מתיר שתהא פרה יוצאה ברצועה שבין קרניה בשבת, וחכמים אוסרים, ופעם אחת יצאה כן פרתו של שכנתו, ולא מיחה בה, והושחרו שיניו מפני הצומות על שלא קיים דברי חביריו,
R. Elazar ben Azariah, for example, contended that a cow may go out wearing its strap between its horns on Shabbat, while his colleagues prohibited it. Once a neighbor’s cow went out with its strap and R. Elazar did not protest. Because he did not support his colleagues‘ view, he fasted so long that his teeth were blackened.8
וכן רבי יהושע, שאמר: בושני מדבריכם בית שמאי, והושחרו שיניו מפני הצומות
So, too, R. Joshua once remarked:9 “I am ashamed of your words, Beit Shammai.” His teeth, too, turned black through fasting.
ורב הונא, פעם אחת נתהפכה לו רצועה של תפילין, והתענה מ׳ צומות
Likewise Rav Huna, because his tefillin strap once turned over, undertook forty fasts.10
וכהנה רבות
Indeed, there are many such instances recorded about our Sages.
These fasts were not undertaken for the sake of repentance, nor as self-inflicted suffering in order to complete a process of atonement; these were not sins of the kind that required this. The sole purpose of these fasts was to restore the bonds of love between the former sinner and his Maker.
ועל יסוד זה
On this basis, that fasting substitutes for an offering, and as such has a place even when an individual does not need to undergo suffering in order to attain complete atonement,
לימד האריז״ל לתלמידיו על פי חכמת האמת מספר הצומות לכמה עונות וחטאים
the AriZal taught his disciples, according to the principles of the Kabbalah, the number of fasts to be undertaken for many transgressions,
אף שאין בהן כרת, ולא מיתה בידי שמים
even though they entail neither excision, nor death by divine agency — in which case suffering would be necessary.
כמו על הכעס, קנ״א תעניות וכו׳
Examples: for anger — 151 fasts;
ואפילו על איסור דרבנן, כמו סתם יינם, יתענה ע״ג תעניות וכו׳
even for transgressing a Rabbinic prohibition, such as drinking the wine of non-Jews — seventy-three fasts;
וכן על ביטול מצות עשה דרבנן, כמו תפלה, יתענה ס״א תעניות וכו׳
likewise for neglecting a positive Rabbinic enactment, such as prayer11 — sixty-one fasts.
ודרך כלל, סוד התענית היא סגולה נפלאה להתגלות רצון העליון ברוך הוא
As a general rule, the mystery of fasting is wondrously effective for the revelation of the Supreme Will,
כמו הקרבן, שנאמר בו: ריח ניחוח לה׳
similar to an offering, of which it is said,12 “An aroma pleasing to G‑d.”
וכמו שכתוב בישעיהו: הלזה תקרא צום ויום רצון לה׳
Thus in Isaiah13 we find, “Do you call this a fast and a day desirable to G‑d?!”
מכלל שהצום הנרצה הוא יום רצון
Obviously, an acceptable fast is a “desirable day.”.
| FOOTNOTES | |
| 1. | Vayikra 1:3. |
| 2. | Loc. cit., v. 4. |
| 3. | 7b. |
| 4. | Parentheses appear in the original. |
| 5. | Loc. cit., v. 4. |
| 6. | Vayikra 22:21. |
| 7. | Cf. Berachot 17a. |
| 8. | Yerushalmi, Beitzah 2:8. |
| 9. | Chagigah 22b. |
| 10. | Moed Katan 25a. |
| 11. | The Rebbe notes that we cannot adduce from here that the Alter Rebbe is of the opinion that the obligation of prayer is of Rabbinic origin. (This would be consonant with the statement in his Shulchan Aruch, Hilchot Tefillah, Section 106; it is also implied in the beginning of ch. 38 of Tanya [Vol. II in this series, p. 514], and in Likkutei Torah, Parshat Balak 70c. However, in the famous letter of the Alter Rebbe that appears in Beit Rebbe, Part I, p. 20a, he states outright that prayer is of Torah origin. In Mishnat Yoel this whole issue is debated and explained. In any event, no proof can be derived from the above text.) For according to all opinions the specific times for prayer are of Rabbinic origin; when one neglects this aspect of prayer, then the AriZal prescribes sixty-one fasts. |
| 12. | Vayikra 1:13. |
| 13. | 58:5. |
• Sefer Hamitzvos:Friday, Tammuz 9, 5775 · June 26, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 106
Exchanging an Animal Designated for Sacrifice for Another
"He shall not exchange it or transfer it"—Leviticus 27:10.
It is forbidden to exchange an animal designated for sacrifice for another animal; i.e., to attempt to transfer the holiness from one animal to another.
Exchanging an Animal Designated for Sacrifice for Another
Exchanging an Animal Designated for Sacrifice for Another
Negative Commandment 106
Translated by Berel Bell
The 106th prohibition is that we are forbidden from exchanging an animal that has been designated for a sacrifice [with another animal]. This is called Temurah.
The source of this prohibition is G‑d's statement1 (exalted be He), "One may not exchange it nor offer a substitute for it."
This prohibition is mentioned separately2 regarding ma'aser [of cattle].3 The reason [for the apparent repetition] is given in the Sifra: "Ma'aser was already included in the general prohibition. Why did it need to be mentioned separately? In order to compare [the general prohibition] to it: just as ma'aser, for which exchanging is forbidden, is kadshei mizbe'ach,4 so too the only animals that are covered by the prohibition, 'One may not exchange it' are only kadshei mizbe'ach [and not kadshei bedek habayis]."5
One who transgresses this prohibition is punished by lashes.
The details of this mitzvah are explained in tractate Temurah.
FOOTNOTES
1.Lev. 27:10.
2.Ibid., 27:33.
3.See P78.
4.There are two distinct types of sanctity: kadshei mizbe'ach and kadshei bedek habayis. The former are animals dedicated as offerings, whereas the latter become property of the Temple treasury.
5.Perhaps the Rambam's intention is quoting the Sifra is to prove that verses 10 and 33 do not constitute separate commandments. Rather, they both come together to define the single commandment. See N170.
Positive Commandment 87
The Sanctity of an "Exchanged" Animal
"Both it and its substitute shall be holy"—Leviticus 27:10.
In the event that someone exchanges an animal designated for sacrifice with another animal – i.e., he attempts to transfer the holiness from one animal to another – the animal upon which holiness was transferred becomes holy, [also] designated for sacrifice.
The Sanctity of an "Exchanged" Animal
Positive Commandment 87
Translated by Berel Bell
The 87th mitzvah is that an animal that has been designated as a substitute [for a sanctified animal] itself becomes sanctified.1
The source of this commandment is G‑d's statement,2 "[If he replaces one animal with another,] both the original animal and its replacement shall be sanctified."
Our3 Sages said explicitly in tractate Temurah4 that G‑d's statement5 (exalted be He), "no substitutions may be made" is a lav she'nitak l'aseh6 (a prohibition with a remedial positive commandment): [after the statement is made that lashes are never given for a lav she'nitak l'aseh, the Gemara asks,] "But what about Temurah, which is a lav she'nitak l'aseh [and the punishment is still lashes]!"
There, the Gemara elaborates on the reason why Temurah is punished by lashes even though it is a lav she'nitak l'aseh: "One positive commandment cannot outweigh two prohibitions." This means that the prohibition of Temurah is said twice: [1] "one may not exchange it," [2] "nor offer a substitute for it."7 However, there is only one positive command: "both the original animal and its replacement shall be consecrated."
We have therefore explained what we set out to do [i.e. to prove that this counts as a positive mitzvah.]
The details of this mitzvah — when the substitution is binding and when it is not, what is its status, and how it is sacrificed — are explained in tractate Temurah.
FOOTNOTES
1.As explained in the previous mitzvah (N106) one is forbidden from making such a substitution. However, if one did so, this mitzvah dictates that both animals become sanctified.
2.Lev., 27:10.
3.Evidently the Rambam's intention in quoting the Gemara is to show that this command is referred to as an "aseh." It therefore counts as a positive mitzvah, and is not just a statement of fact, etc. See below.
4.4b.
5.Lev. 27:33.
6.See N214.
7.Lev. 27:10.
Kiddush HaChodesh - Chapter Sixteen
Halacha 1
The orbit in which the moon revolves [intersects] the orbit in which the sun revolves at an angle,1 [so that] a portion of [the moon's orbit] is inclined to the north of the sun's orbit and a portion is inclined south of the sun's orbit.2 There are two points, one opposite the other, at which these orbits intersect.3
When the moon is at one of these points, it is revolving in the same plane as the sun. As the moon departs from these points, it is proceeding either to the north or to the south of the sun.
The point in the moon's [orbit] at which it begins to be inclined to the north of [the plane of] the sun's [orbit] is referred to as the head, while the point [in its orbit] from which it begins to be inclined to the south of [the plane of] the sun's [orbit] is referred to as the tail.*
Halacha 2
The mean movement of the head in one day is 3 minutes and 11 seconds.6Thus, its movement in ten days is 31 minutes and 47 seconds; its movement in one hundred days is 5 degrees, 17 minutes, and 43 seconds, in symbols 5° 17' 43". In one thousand days, its movement is 52 degrees, 57 minutes and 10 seconds, in symbols 52° 57' 10". The remainder [of the sum] of its progress in ten thousand days is 169 degrees, 31 minutes and 40 seconds, in symbols 169° 31' 40".
Thus, the distance it travels in twenty-nine days is 1 degree, 32 minutes and 9 seconds, in symbols 1° 32' 9". Its progress in a regular year is 18 degrees, 44 minutes and 42 seconds, in symbols 18° 44' 42". The mean position of the head on Thursday night [of the present year,] the starting point for these calculations, is 180 degrees, 57 minutes, and 28 seconds, in symbols 180° 57' 28".7
Halacha 3
If you desire to calculate the position of the head at any given date, [you should follow this procedure:] First, calculate the mean progress of the head as you calculated the mean of the sun and the mean of the moon. [Afterwards,] subtract this mean from 360 degrees,8 and the remainder will be the location of the head at that time. The tail's position will always be the [place in the moon's orbit] directly opposite it.
Halacha 4
What is implied? Let us suppose that we desired to know the location of the head on Friday night, the second of Iyar of this year - the starting point for these calculations. There are 29 complete days between the night of the starting point and the date for which we desire to know the location of the head.
Halacha 5
We should then calculate the mean of the head according to the familiar manner, adding its distance traveled in 29 days to the starting point. Thus, the mean of the head is 182 degrees, 29 minutes and 37 seconds, in symbols 182° 29' 37". This mean should be subtracted from 360, leaving a remainder of 177 degrees, 30 minutes and 23 seconds, in symbols 177° 30' 23".
This is the location of the head. The seconds are of no consequence. Thus, the position of the head will be 27 degrees and 30 minutes within the constellation of Virgo. The position of the tail will be [directly] opposite it: 27 degrees and 30 minutes within the constellation of Pisces.
Halacha 6
There will always be an even half of the celestial sphere between the position of the head and the position of the tail. Therefore, whenever the head is in a particular constellation, the tail will be seven constellations further in the order of constellations, at the same position with regard to degrees and minutes. For example, if the head is ten degrees within a particular constellation, the tail will be ten degrees within the seventh constellation from it.
Halacha 7
After having established the position of the head, the position of the tail, and the true position of the moon, consider [these three figures]: If the position of the moon is the same, both in degrees and in minutes, as its head or tail, then the moon will not be inclined to the north or the south.9
If the position of the moon has passed10 the head11 and it is proceeding in the direction of the tail, know that the moon will be inclined to the north of the [plane] of the sun's [orbit]. If the position of the moon is before the tail12 and it is proceeding in the direction of the head, know that the moon will be inclined to the south of the [plane] of the sun's [orbit].
Halacha 8
The inclination of the moon to the north or to the south is referred to as the moon's latitude.13 If the moon's incline is northerly, it is referred to as a northerly latitude. If the moon's incline is southerly, it is referred to as a southerly latitude. If the moon is positioned at either [the head or the tail], it has no latitude, as explained above.
Halacha 9
The moon's latitude14 will never exceed five degrees, whether to the north or to the south. This is the pattern it follows. [The moon] begins at the head and diverges slightly [from the sun's orbit, as it proceeds on its own orbit]. [The size of] this divergence continues to increase until it reaches five degrees.15 At this point, [the moon] begins to come slightly closer [to the sun's orbit], until it has no latitude at all when it reaches its tail.
[After it reaches the tail, the moon] will again begin to diverge slightly [from the sun's orbit], until this divergence reaches five degrees. It will then begin to approach [the sun's orbit], until ultimately it has no latitude at all.
Halacha 10
[The following procedure should be applied] if you desire to determine the latitude of the moon, and to [know] whether it is northerly or southerly: First, calculate the position of the head and the true position of the moon at the desired date. Then subtract the position of the head from the true position of the moon. The remainder is referred to as "the course of the latitude."16
If the course of the latitude is between one degree and 180 degrees, the latitude of the moon is northerly. If course of the latitude is more than 180 degrees, the latitude of the moon is southerly. If [the course] is an even 180 degrees or an even 360 degrees, the moon does not have any latitude at all.
Afterwards, determine the size of the angle of the course of the latitude17 - i.e., the extent to which the moon is inclined to the north or to the south. This figure is referred to as the moon's southerly latitude or northerly [latitude], as we explained.
Halacha 11
How large is the angle of the course of the latitude? If the course of the latitude is ten degrees, its angle will be 52 minutes. If the course is twenty degrees, its angle will be one degree and 43 minutes. If the course is thirty degrees, its angle will be 2 degrees and 30 minutes.
If the course is forty degrees, its angle will be 3 degrees and 13 minutes. If the course is fifty degrees, its angle will be 3 degrees and 50 minutes. If the course is sixty degrees, its angle will be 4 degrees and 20 minutes. If the course is seventy degrees, its angle will be 4 degrees and 42 minutes. If the course is eighty degrees, its angle will be 4 degrees and 55 minutes. If the course is ninety degrees, its angle will be 5 degrees.18
Halacha 12
If [the course of the latitude] has both units and tens, you should [calculate the average increase per degree and add the proportionate amount to the lower figure], as was done with regard to the course of the sun and the course of the moon.19
What is implied? When the course of the latitude is 53 degrees, [the size of the angle should be determined as follows]. It has already been established that when the course is 50 degrees, its angle is 3 degrees and 50 minutes. When the course is 60 degrees, its angle is 4 degrees and 20 minutes. Therefore, there is a difference of 30 minutes between them, 3 minutes for each degree. Accordingly, [when] calculating the angle for a course of 53 degrees, [the result] will be 3 degrees and 59 minutes. A similar process should be followed with regard to all other figures.
Halacha 13
Since you know the angles for all the values of the course of the latitude until ninety degrees, as was mentioned, you will be able to know the angle for all possible values of the course. For if the course is between 90 and 180 degrees, subtract the course from 180 and find the angle for the remainder.20
Halacha 14
Halacha 15
Similarly, if the course is between 270 and 360 degrees, subtract [the course] from 360 and find the angle for the remainder.24
Halacha 16
What is implied? If the course is 150°, subtract 150 from 180, leaving 30. As mentioned previously, the angle [of a course] of 30 [degrees] will be 2 degrees and 30 minutes. Thus, the angle [of a course] of 150 [degrees] also will be 2 degrees and 30 minutes.
Halacha 17
If the course is 200°, subtract 180 from 200, leaving 20. As mentioned previously, the angle [of a course] of 20 [degrees] will be 1 degree and 43 minutes. Thus, the angle [of a course] of 200 [degrees] also will be 1 degree and 43 minutes.
Halacha 18
If the course is 300°, subtract 300 from 360, leaving 60. As mentioned previously, the angle [of a course] of 60 [degrees] will be 4 degrees and 20 minutes. Thus, the angle [of a course] of 300 [degrees] also will be 4 degrees and 20 minutes. A similar process should be followed with regard to all other values.
Halacha 19
[The following procedure should be applied] if one desires to know the latitude of the moon and whether it is either northerly or southerly at the beginning of Friday night, the second of Iyar of this year: It has already been established that the true position of the moon on this night is 18 degrees and 36 minutes within the constellation of Taurus, in symbols 18° 36". [Similarly, it has been established that] the position of the head at that time is 27 degrees and 30 minutes within the constellation of Virgo, in symbols 27° 30'.
[To arrive at the latitude,] you must subtract the position of the head from the position of the moon, leaving a course of the latitude of 231 degrees and 6 minutes, in symbols 231° 6'. [As mentioned,] the minutes are of no consequence with regard to the course. Therefore, according to the principles explained in this chapter, the angle of this course will be 3 degrees and 53 minutes. This is the latitude of the moon at the beginning of this night. It is southerly, for the course is larger than 180 degrees.
| FOOTNOTES | |
| 1. |
More specifically, as mentioned in Halachah 9, the maximum angular distance between the two orbits is 5 degrees.
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| 2. |
The importance of the concept the Rambam introduces here, the difference in latitude between the planes of the orbits of the sun and the moon, becomes significant in the following chapter.
To explain briefly: In the previous chapters, it was explained that the visibility of the moon depends upon the distance in longitude between it and the sun. At the time of conjunction, the sun and the moon are at the same longitudinal point. Therefore, they set at the same time. As the difference in longitude between them increases, the crescent of the moon grows and the time of its setting becomes later, increasing the chances of its visibility.
Nevertheless, the moon's latitude also affects its visibility. The greater the latitude of the moon [i.e., its inclination from the orbit of the sun] the larger its crescent will appear. Also, a northerly latitude causes the moon to set later and thus makes it easier to be sighted. A southerly latitude, by contrast, causes the moon to set earlier and thus makes sighting it more difficult.
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| 3. |
The difference in latitude between the orbits of the sun and the moon explains why there is not a lunar eclipse at every full moon, and why there is not a solar eclipse at every conjunction - although at the time of the full moon, the sun, the earth and the moon are aligned in a single line, and at the time of conjunction, the sun, the moon and the earth are aligned in a single line.
Although the longitude of the sun and the moon is the same at these times, since their latitudes are different, the moon's shadow does not interfere with the light of the sun at a conjunction, and the earth's shadow does not prevent the light of the sun from reaching the moon at a full moon. Only when a conjunction or a full moon takes place at (or near) the point where the orbits of the moon and the sun intersect does an eclipse take place.
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| 4. |
Because of the revolution of the head, the determination of the moon's longitude will require several stages of computation.
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| 5. |
I.e., the head revolves from east to west.
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| 6. |
As evident from the later figures given by the Rambam, this number is an approximation, and the actual figure is several thirds less.
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| 7. |
The Rambam is giving a negative figure here, his intent being 360° - 180° 57' 28. In positive terms, it would be a position of 179° 2' 32.
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| 8. |
This subtraction is necessary, since, as mentioned above, the head revolves from east to west, opposite to the direction of the heavenly sphere as a whole.
Thus, we begin with a negative value as a starting point and add to it the distance traveled by the head. When that total is subtracted from 360, we have a positive figure that is the true position of the head. The reason the Rambam uses a negative figure for his starting point is that as the numbers increase, it is easier to add the mean distance traveled by the head to the starting point of 180° 57' 28 and subtract the total from 360, than to define the starting point in positive terms and subtract the mean progress from it.
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| 9. |
As mentioned previously, the head and the tail are the positions where the moon's orbit intersects with that of the sun. Thus, if the moon is at the head or the tail, it is not at all inclined.
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| 10. |
We have used a non-literal translation of the word ינפל in this and the following sentence based on the context in this halachah.
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| 11. |
I.e., the difference between the position of the moon and the position of the head is less than 180 degrees, as stated in Halachah 10.
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| 12. |
I.e., the difference between the position of the moon and the position of the head is more than 180 degrees, as stated in Halachah 10.
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| 13. |
The Hebrew term רחב הירח literally means "the width of the moon." It was given this name because its range from 0° to 5° is far less than that of the longitude of the moon, ארך הירח, the angular distance between the moon and the sun, which ranges from 0° to 360°.
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| 14. |
According to contemporary science, the Rambam is making an approximation, for the latitude of the moon can reach 5 degrees and 9 minutes.
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| 15. |
As indicated from Halachah 11, this is the mid-point between the head and the tail, 90° and 270°.
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| 16. |
I.e., the distance the moon has traveled in its orbit from the head to its present position.
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| 17. |
This refers to the angle between the plane of the sun's orbit and the position of the moon in its orbit.
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| 18. |
As stated above, this is the greatest latitude reached.
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| 19. |
See Chapter 13, Halachah 7, and Chapter 15, Halachah 7.
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| 20. |
For, as mentioned above, 90 degrees is the even mid-point of the course, and its angle increases and decreases in the same proportions as one approaches or leaves that point.
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| 21. |
In the standard printed texts of the Mishneh Torah, there is a printing error, and the concluding phrase from the chapter was added here by mistake.
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| 22. |
At 270°, as at 90°, the course reaches its maximum latitude, 5 degrees.
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| 23. |
For, as mentioned above, the course begins to increase as it progresses after reaching its tail in the same proportions as it increases as it progresses from its head.
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| 24. |
For the rate of the angular decrease from 270 to 180 is equivalent to the rate of decrease from 90 to 180.
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Temurah - Perek 4
Halacha 1
What are the laws pertaining to the offspring of consecrated animals? The offspring of an animal consecrated as a peace-offering and the offspring of an animal to which the holiness of a peace-offering was transferred are like peace-offerings and they should be treated like peace-offerings in all respects. Similarly, the offspring of an animal consecrated as a thanksgiving-offering and the offspring of an animal to which the holiness of a thanksgiving-offering was transferred should be sacrificed like a thanksgiving-offering, except that they do not require bread. For bread is brought only for a thanksgiving-offering itself. This is derived from Leviticus 7:12 which states: "He shall offer on the slaughtering of the thanksgiving-offering...." Implied is on its slaughtering, and not on the slaughtering of its offspring or on that of an animal to which its holiness was transferred, as we explained.
To what does the above apply? To the offspring themselves. But the offspring of the offspring should not be sacrificed. From his conduct, it is obvious that he is delaying their offering to raise herds from them. Hence, he is penalized and should not offer them.
Halacha 2
The offspring of a sin-offering, and, needless to say, the offspring of an animal to which the holiness of a sin offering was transferred, should be consigned to death.
Halacha 3
If a person slaughters an animal offered as a sin-offering and discovers that it was carrying a four-month old fetus that was alive, it may be eaten like the meat of the sin-offering. For the offspring of consecrated animals while they are in their mother's womb are like the consecrated animals themselves.
Halacha 4
The offspring of an animal to which the holiness of a guilt-offering was transferred, the offspring of its offspring, and so too until the end of time should be allowed to pasture until they contract a disqualifying blemish. Then they should be sold and the proceeds used to purchase freewill offerings. If the animal to which the holiness of the guilt-offering was transferred gave birth to a male after the guilt-offering is sacrificed, the offspring itself should be sacrificed as a burnt-offering.If one set aside a female animal as a guilt-offering and it gave birth, it and its offspring should be allowed to pasture until they become blemished. Then they should be sold and the person's guilt-offering purchased with the proceeds of the sale. If he already sacrificed his guilt-offering, the proceeds of their sale should be used to purchase freewill offerings.
Halacha 5
The male offspring of an animal to which the holiness of a burnt-offering was transferred, the offspring of its offspring, and so too until the end of time are considered as burnt-offerings and should themselves be offered as burnt-offerings.
If one set aside a female as a burnt-offering and it gave birth, even though it gave birth to a male, the offspring should be allowed to pasture until it contracts a disqualifying blemish and then the proceeds of the sale should be used to bring a burnt-offering.
We already explained in Hilchot Ma'aseh HaKorbanot that whenever we use the expression "the proceeds of the sale should be used to purchase freewill offerings" the intent is that the money should be placed in the chests that existed in the Temple whose number we explained in Hilchot Shekalim. The court sacrifices freewill burnt-offerings with that money. The accompanying offeringsare brought from communal funds and they do not require semichah. Whenever, by contrast, we use the expression "it itself should be offered as a burnt-offering" or "he should bring a burnt-offering with the proceeds," the sacrifice requires semichah and the owner must bring the accompanying offerings.
Halacha 6
The offspring born to an animal selected as a tithe offering, the offspring of an animal to which the holiness of a tithe offering was transferred, and the offspring of an animal to which the holiness of a firstborn animal was transferred, and the offspring of their offspring until the end of time should not be offered. Instead, they should be allowed to pasture until they contract a disqualifying blemish and then they should be eaten according to the laws applying to a blemished firstborn animal and tithe offering.
The offspring of an animal to which the holiness of a firstborn animal was transferred belongs to the priest. The offspring of an animal selected as a tithe offering and the offspring of an animal to which the holiness of a animal designated as a tithe offering was transferred belong to the owner.
Halacha 7
The laws that apply to the offspring of an animal to which the holiness of a Paschal sacrifice was transferred are the same as those applying to an animal to which the holiness of a Paschal sacrifice was transferred itself. If its mother should be sacrificed as a peace-offering, its offspring should be offered as a peace-offering. If the law was that the mother should be allowed to pasture until it contracts a blemish and then be sold and the proceeds used to purchase a peace-offering, this same law applies to its offspring.
If one designated a female for one's Paschal sacrifice and it gave birth or he designated it for that sacrifice while pregnant, it and its offspring should be allowed to pasture until they contract a disqualifying blemish and a Paschal sacrifice should be brought with the proceeds of their sale. If this female remained unblemished until after Pesach or it gave birth after Pesach, it and its offspring should be allowed to pasture until they contract a disqualifying blemish and a peace-offering should be brought with the proceeds of their sale.
Halacha 8
When the offspring of sacrificial animals were born through Caesarian section, as a tumtum, an androgynus, a hybrid, or a tereifah, they should be redeemed and a sacrificial animal that is fit to be brought with the money from the sale of these offspring should be brought.
Halacha 9
The offspring of a blemished consecrated animal is like the offspring of an unblemished consecrated animal in all respects and it should be offered in the appropriate manner.
Halacha 10
When a consecrated animal discharges a stillborn animal or a placenta, it should be buried and it is forbidden to benefit from it.
Halacha 11
A person who changes the purpose for which an article was consecrated from one holy purpose to another violates a prohibition. This is derived from Leviticus 27:26 which states with regard to a firstborn animal: "A person may not consecrate it," i.e., he may not designate it as a burnt-offering or a peace-offering. The same applies to other consecrated animals. They may not be changed to a purpose other than that for which they were originally consecrated. This applies both to animals consecrated for the altar and animals consecrated for the improvement of the Temple.
What is implied? If an article was consecrated for the improvement of the Temple Sanctuary, it should not be changed and the money used for the improvement of the altar. Similar laws apply in all analogous situations. One is not liable for lashes for the violation of this prohibition.
Halacha 12
What clever technique can be used with regard to a firstborn to consecrate it to the altar for another sacrifice? One may consecrate it in its mother's womb, before it is born. This is derived from Leviticus 27:26: "which will become a firstborn for God among the livestock - a man shall not consecrate it." Implied is that when it is born, one may not consecrate it, but one may consecrate it in its mother's womb.
Therefore one may say: "If the fetus in the womb of this cow that has not given birth previously is male, it is consecrated as a burnt-offering." He may not, however, designate it as a peace-offering, for he cannot remove it from the holiness of the firstborn in order to benefit from it. If one said: "It should be a burnt-offering when the majority of its head emerges," it is a firstborn and not a burnt-offering.
Halacha 13
One may not use a clever technique to change the fetus of a consecrated animal to another purpose. Instead, it is consecrated with the holiness of its mother. The rationale is that the offspring of a consecrated animal become consecrated in the womb, as we explained. Thus every fetus is consecrated with the holiness of its mother and its holiness cannot be changed in the womb as one may with regard to a firstborn animal. The rationale is that a firstborn animal becomes consecrated only when it emerges from the womb.
Although all of the statutes of the Torah are decrees, as we explained in the conclusion of Hilchot Me'ilah, it is fit to meditate upon them and wherever it is possible to provide a reason, one should provide a reason. The Sages of the early generations said that King Solomon understood most of the rationales for all the statutes of the Torah.
It appears to me that the verse Leviticus 27:10: "It and the animal to which its holiness will be transferred shall be consecrated" shares a similar motivating rationale as the verse ibid.:15: "If the one who consecrates it shall redeem his house, he shall add a fifth of the money of the redemption valuation to it." The principle behind these laws is that the Torah descended to the bottom of a person's thoughts and the scope of his evil inclination. For human nature tends to increase his property and attach importance to his money. Even though he made a vow or consecrated something, it is possible that he will reconsider, change his mind, and redeem it for less than its worth. Hence the Torah states: "If he redeems it for himself, he must add a fifth." Similarly, if he consecrated an animal in a manner that its physical person becomes consecrated, he might reconsider. In this instance, since he cannot redeem it, he will exchange it for a lesser one. If he was given permission to exchange a superior animal for an inferior one, he will exchange an inferior one for a superior one and claim that it was superior. Therefore, the Torah removed that option, forbidding all exchanges and penalized him that if he made an exchange, "It and the animal to which its holiness will be transferred shall be consecrated."
All of these ordinances are to subjugate one's evil inclination and improve one's character. Similarly, most of the Torah's laws are nothing other than "counsels given from distance" from "He Who is of great counsel" to improve one's character and make one's conduct upright. And so it is written Proverbs 22:20-21: "Behold, I have written for you in the Torah prominent matters, to inform you of the veracity of the words of truth, so that you will respond truthfully to those who send to you."
Blessed be the Merciful One Who grants assistance.
With the help of the Almighty, this concludes the eighth book which is the Book of Sacrifices.
It includes six Halachot and 45 chapters.
They are:
Hilchot Korban Pesach - The Laws of the Paschal Sacrifice: 10 chapters
Hilchot Chagigah - The Laws of Festive Sacrifices: 3 chapters
Hilchot Bechorot - The Laws of the Firstborn Offering: 8 chapters
Hilchot Shegagot - The Laws of the Sacrifices Offered to Atone for Inadvertent Transgressions: 15 chapters
Hilchot Mechusrei Kapparah - The Laws of the Sacrifices Brought by those Requiring Atonement: 5 chapters
Hilchot Temurah - The Laws of the Transfer of Holiness: 4 chapters
Tum'at Met - Chapter 1
"God, create for me a pure heart and renew within me an upright spirit" (Psalms 51:12).
The Tenth Book
SEFER TAHARAH
It includes eight halachot. They are:
Hilchot Tum'at Meit - The Laws of the Impurity Imparted by a Human Corpse
Hilchot Parah Adumah - The Laws of the Red Heifer
Hilchot Tum'at Tzara'at - The Laws of the Impurity Imparted by Tzara'at
Hilchot Metamei Mishkav UMoshav - The Laws of the Sources of Impurity
that Impart Impurity to the Places Where One Lies and Sits
Hilchot Sha'ar Avot HaTum'ah - The Laws of Other Primary Categories of Impurity
Hilchot Tum'at Ochalin - The Laws of the Impurity Contracted by Foods
Hilchot Keilim - The Laws of the Impurity Contracted by Keilim
Hilchot Mikveot - The Laws Governing Mikveot
Halacha 1
A human corpse imparts ritual impurity that persists for a minimum of seven days when it is touched or carried or when one is under the same structure (ohel). The impurity imparted by touching a corpse or being under the same structure is explicitly mentioned in the Torah, as Numbers 19:11 states: "One who touches a corpse of any human being will be impure for seven days" andibid.:14 states: "Anyone who enters the tent and anything in the tent will be impure for seven days.
Halacha 2
The impurity stemming from carrying a human corpse is derived from the Oral Tradition. It is based on an inference from a lesser matter to a more severe one. If the carcass of animal makes a person impure only until the evening, but does not cause a person to incur ritual impurity when under the same shelter, and yet causes him to incur impurity when carrying it, as Leviticus 11:40 states: "One who carries their carcasses," how much more so should this apply with regard to a human corpse. And the process of reasoning continues: if touching an animal carcass causes one to become impure until the evening and carrying it causes a person to be impure until the evening, so too, since touching a corpse causes a person to be impure for seven days, it should cause him to be impure for seven days if he carries it. The impurity resulting from carrying a corpse is not considered of Rabbinic origin, but is instead, a Scriptural Law. It appears to me that Scripture remained silent concerning this type of impurity in the same way that it remained silent concerning the prohibition against relations with one's daughter, because it explicitly forbade relations with the daughter of one's daughter. And it remained silent concerning the prohibition against partaking of meat cooked with milk, because it explicitly forbade cooking it. Similarly, Scripture did not mention the impurity incurred by carrying a human corpse because it explicitly mentioned that one who was under the same shelter as a corpse incurs impurity. Thus one can infer that this certainly applies to one who carries it.
Halacha 3
The impurity incurred by touching mentioned in all situations, whether involving a human corpse or another source of impurity, is brought about by a person touching the source of impurity itself. Whether he touches it with his flesh, his hand, his foot, or any other portion of his body, even with his tongue, he becomes impure. Similarly, it appears to me that if a person touches a source of impurity with his nails or with his teeth, he becomes impure. The rationale is since they are connected to the body, they are considered as the body itself. If, however, a person took a source of impurity, skewered it with a weaving needle, and inserted it into the throat of a person who is ritually pure without it touching his tongue or inserted it within the womb of a woman from below without touching her flesh, the person who swallowed the source of impurity does not become impure because his inner organs came in contact with the source of impurity. The rationale is that contact between a source of impurity and one's inner organs is not considered as touch.
Halacha 4
A scab over a bruise is considered as skin with regard to touching sources of impurity. The underdeveloped body hair of a child, by contrast, is not considered as skin.
What is implied? If a source of impurity touches a person on the scab over a bruise, he is impure; it is as if it touched his flesh. Conversely, if it touched the thin hair on the body of a child, he does not become impure.
Similarly, if an impure person has a bruise and a pure person touched the scab on the bruise, he becomes ritually impure. If a minor was impure and a pure person touched the underdeveloped hair on his body, he does not become impure. This applies both with regard to impurity stemming from a human corpse or other types of impurity.
Similarly, blotches of filth, mud, or similar things that are not considered as intervening substances or dried pieces of filth and things that are considered as intervening substances are not considered as flesh, neither to impart ritual impurity to others, nor to contract ritual impurity.
Halacha 5
Just as a person becomes impure when he comes into contact with a source of impurity, so too, keilim become impure when a source of impurity touches them with the exception of an earthenware utensil that incurs ritual impurity only when a source of impurity enters its inner space, as will be explained in Hilchot Keilim.
This is an inclusive general principle that applies with regard to ritual impurity: Whatever causes a person to contract ritual impurity when touching him, causes keilim to contract ritual impurity. Whatever does not cause a person to contract ritual impurity when touching him, does not cause keilim to contract ritual impurity. A person and keilim contract ritual impurity only from a primary source of ritual impurity.
Halacha 6
The impurity incurred by carrying mentioned in all situations - whether involving a human corpse or another object that conveys impurity by carrying - is brought about by a person carrying a source of impurity even though he did not touch it. Even if there is a stone between the person and the source of impurity, since he carried it, he becomes impure.
The above applies whether he carries it on his head, his hand, or another portion of his body. And it applies whether the person lifted up the source of impurity himself or another person lifted it up and put it on him; since he carried it on his person in any way, he becomes impure. Even if the source of impurity was hanging on a string or a hair and he hung the string from his hand and lifted the source of impurity to the slightest degree, he is considered to have carried it and he becomes impure.
Halacha 7
Moving an article is considered as carrying it. Any article that imparts impurity when it is carried imparts impurity when moved.
What is implied? There was a beam resting on a wall and on its side was a human corpse, an animal carcass, or the like. A pure person came to the other end of the beam and moved it. Since he moved the impurity at the other end of the beam, he becomes impure for carrying the source of impurity. Needless to say, this applies if he pulled the other end of the beam toward the earth until the source of impurity was lifted up or he dragged it on the ground, for this is certainly considered as carrying. The above situation and anything similar refers to the activity of moving that imparts ritual impurity, as mentioned in all instances.
Halacha 8
When a person carries a source of impurity in a hidden part of his body, he becomes impure. Even though touching such portions of the body is not considered as touch, carrying an article there is considered as carrying unless the source of impurity is swallowed up in the person's digestive system. Once a source of impurity reaches a person's stomach, it is not considered as if he touched or carried it. If such a person immerses in a mikveh he regains purity, even though the source of impurity is in his digestive system.
Halacha 9
Only a human being becomes impure for carrying a source of impurity, notkeilim.
What is implied? Ten containers were placed on a person's hand, one on top of the other, and the carcass of an animal or another source of impurity was placed in the uppermost container. The person is considered impure, because he carried the carcass of an animal. The containers on his hand, by contrast, are all pure except for the uppermost one which was touched by the source of impurity. Similar laws apply in all analogous situations.
Halacha 10
The ritual impurity of ohel does not apply with regard to other sources of impurity, only with regard to a human corpse. Whether a person and/or an k'li, even a needle, was extended over a corpse, a corpse was extended over a person and/or an k'li, or a corpse and a person and/or an k'li were under one shelter, they are impure.
Halacha 11
The impurity of ohel mentioned in all places refers to impurity imparted by a source of impurity to a person or keilim in one of these three ways.
Whether a person enters entirely to the shelter where a corpse is located or part of his body enters, he becomes impure because of the ohel. Even if he inserted merely his hand, his fingertips, or his nose into the shelter where a corpse is located, his entire person becomes impure. If he joined his hand to the lintel of the doorway of such a shelter, he becomes impure as if part of his body entered. If he touched the doorframe from a handbreadth and below above the ground, he is pure. From a handbreadth and above, he is impure. It appears to me that this impurity is of Rabbinic origin.
Halacha 12
Corpses of both Jews and gentiles impart impurity through touch or through carrying.
Halacha 13
The corpse of a gentile does not impart ritual impurity through ohel. This matter was conveyed by the Oral Tradition. With regard to the war with Midian,Numbers 31:19 states: "All who touch a corpse...", but does not mention anohel.
Similarly, a gentile does not contract the impurity connected with a corpse. Instead, if a gentile touches a corpse, carries it, or stands over it, it is as if he did not touch it. To what can the matter be compared? To an animal that touched a corpse or stood over a corpse.
Not only the impurity imparted by a human corpse, but all types of impurity do not cause gentiles and animals to become impure.
Halacha 14
According to Rabbinic Law, gentiles are considered as zavim, According to Scriptural Law, there is no type of living being that contracts ritual impurity while alive or imparts ritual impurity while alive, except a human, and even then, only when he is Jewish.
Both a Jewish adult and a minor can contract all forms of ritual impurity, even the impurity stemming from a corpse, concerning which Numbers 19:20 states: "A man who shall become impure." Nevertheless, both an adult and a minor can contract this impurity, for ibid.:18 states: "for all the souls that were there." Even a newborn infant that touched, carried, or extended a limb over a corpse becomes impure and he is considered impure because of contact with a human corpse.
The above applies provided the baby was born after a nine month pregnancy. If he is born after an eight month pregnancy, he is considered as a stone and he does not contract ritual impurity.
Halacha 15
A corpse does not impart ritual impurity until the person actually dies. Even if one's veins have been cut, or he is in his death-throes, even if his two vital signs have been slit, he does not impart ritual impurity until his soul expires, asibid.:13 states: "The soul of a man who dies...."
If his backbone is broken together with most of the surrounding flesh, he was torn apart like a fish from his back, he was decapitated, or he was cut in half from his stomach, he imparts impurity, even though some of his limbs are still making convulsive movements.
Tum'at Met - Chapter 2
Halacha 1
A stillborn fetus, even though it is underdeveloped and its limbs have not been firmly connected with their sinews, imparts ritual impurity when it is touched, carried, or when one is under the same structure as it, like the corpse of an adult that has died, as implied by Numbers 19:11: "One who touches a corpse of the soul of any man."
Similarly, an olive-sized measure from the flesh of a corpse imparts impurity like an entire corpse, whether it still retains its moisture or it has become dry like a shard. Netzal is like flesh and imparts impurity when an olive-sized portion is present.
What is meant by the term netzal? Flesh that has decomposed and turned into a putrid liquid mass, provided that the liquid mass that resulted from the corpse coagulates. For if it coagulates, it is apparent that it comes from the flesh of the corpse. If it does not coagulate, it does not impart impurity, for perhaps it is from the deceased's phlegm or other body fluids.
Halacha 2
Even though these measures were all conveyed as halachot to Moses at Sinai, our Sages said: At the onset of his conception, man's body is the size of an olive. Therefore the measure for which his flesh imparts ritual impurity is the size of an olive.
Halacha 3
A limb that was cut off from a living person is considered as an entire corpse and imparts impurity when it is touched, carried, or one is under the same structure. This applies even to a limb of a newborn infant, for there is no minimum measure that applies with regard to complete limbs. This is derived from Numbers 19:16 which states: "Anyone who touches a corpse slain by the sword... on the open field." It is a known matter that the laws applying to one slain by the sword are the same as one slain by a stone or through other means. According to the Oral Tradition, we learned that the verse comes only to deem a limb severed by a sword as impure.
When does the above apply? When the limb was intact as it was when it came into being with flesh, sinews, and bones, as the abovementioned verse states: "Or the bone of a man." Implied is that the bone must be like a man, i.e., a human corpse. Just as a human corpse has flesh, sinews, and bones, so too, a limb from a living person must be intact as it was when it came into being and have flesh, sinews, and bones. In contrast, a kidney and a tongue, and the like, even though they are considered as complete organs, since they do not contain bones, they are considered as the remainder of a person's flesh.
If even the slightest amount of bone was missing from a limb severed from a living person, the entire limb is pure. The following rules apply if some of its flesh was missing: If there remained enough flesh on it that, were the person to be alive, his flesh would regenerate, be healed, and return to a state of wholeness, the limb imparts impurity when it is touched, carried, or when one is under the same structure. If not, it imparts impurity when it is touched, carried, but not when one is under the same structure.
Flesh that is separated from a living person is ritually pure. Similarly, a bone without flesh that is separated from a living person is ritually pure.
Halacha 4
When a limb is separated from a corpse, it imparts impurity as a corpse does when it is touched, carried, or when one is under the same structure, provided it is intact as it was when it came into being with flesh, sinews, and bones.
If a portion of the bone was lacking, when there is at least an olive-seized portion of flesh on it, it imparts impurity like an entire corpse. The following rules apply if some of the flesh was lacking, but none of the bone. If there remained enough flesh on it that, were the person to be alive, his flesh would regenerate, it imparts impurity like an entire corpse. If not, it is like other bones of a corpse on which there is no flesh.
Halacha 5
The marrow of a bone causes flesh to regenerate on the bone's surface. Therefore if the hipbone of a corpse, a bone that is closed on both of its sides, has sufficient marrow to cause the flesh to regenerate, it is considered as an entire corpse.
The following laws apply if a bone has marrow that has dried out and rattles within. If there is an olive-sized portion of marrow, the bone imparts impurity when one is under the same shelter. Even though the bone is closed on all sides, the impurity breaks through and ascends and breaks through and descends, as will be explained. For the marrow is considered like flesh in all contexts.
Halacha 6
The following laws apply when there is a limb and/or flesh limply hanging from a person. Even though they cannot be restored to their natural state and vitality, they are pure. If the person dies, the flesh is pure and the limb imparts ritual impurity according to the laws pertaining to a limb severed from a living body and not according to the laws pertaining to a limb severed from a corpse.
What are the differences between the laws pertaining to a limb severed from a living body and the laws pertaining to a limb severed from a corpse? Flesh and bones that become separated from a limb severed from a living person are pure. Flesh and bones that become separated from a limb severed from a corpse are considered as if they were separate from an entire corpse and impart impurity according to the appropriate measures.
Halacha 7
There is no minimum measure for either a limb severed from a living body or a limb severed from a corpse.
A man has 248 limbs, every one of them comprising flesh, sinews, and bones. The teeth are not included in this number. There are 251 in a woman.
Any limb that became separated while intact as it was when it came into being, whether it was separated while the person was alive or after his death imparts impurity when it is touched, carried, or one is under the same structure with the exception of the three extra limbs possessed by a woman. The latter do not convey impurity when one is under the same structure.
Similarly, an extra finger that has a bone, but does not have a nail, can be counted as part of the sum of the majority of a person's limbs if it is counted on his hand together with his other fingers. If it is not counted on his hand together with his other fingers, it can, nevertheless, impart impurity when it is touched or carried. It does not, however, impart impurity when one is under the same shelter. The impurity it imparts is of Rabbinic origin. If it has a nail, it is considered as other limbs.
Why did the Sages rule that a finger that is not counted should impart impurity? This decree was a safeguard lest the impurity that could be imparted by one that is counted would be ignored. Why did they rule that it does not impart impurity when under the same shelter? They established a point of distinction to make it known that the impurity it imparts originates in a Rabbinic decree so that terumah and sacrificial meat will not be burnt because of this type of impurity.
Halacha 8
If there is no flesh on the bones of a corpse, they impart impurity like an entire corpse when they are touched or carried or when one is under the same structure, provided it is apparent that they have the form of bones, for one can still refer to them as "the bones of a man." These are the bones that impart the ritual impurity of a corpse: the backbone, the skull, the majority of the body's structure, and the majority of the number of bones in the body.
What is meant by the backbone causing impurity? When the backbone is intact, it is considered as an entire corpse. If even one of the eighteen vertebrae is missing, they are considered as other bones.
What is meant by the skull causing impurity? When the skull is intact, it is considered as an entire corpse. If it is missing a portion as large as a sela, it is considered as other bones. If it has small holes, their area is added together to see if it compromises that of a sela.
The entire structure of a man is: the two shins, the hips, the ribs, and the backbone. The majority of the structure of a corpse is considered as an entire corpse. What is implied? For example, if his two shins and one hip are present, it is as if the entire corpse was present. If even the slightest amount is missing from "the majority of the structure," the bones are considered as other bones.
What is meant by the majority of the number of the bones? The majority of the number of bones, e.g., 125 bones. If there are 124, they are considered as other bones. Even though this particular person had extra limbs or fewer limbs, this figure is calculated according to the number of bones of the majority of people unless the extra limb is a finger that has a nail or which is counted on his hand together with his other fingers. Such a finger is counted in the sum of a person's bones, as stated.
Halacha 9
The following laws apply to the remaining bones of a corpse when among them, there is not the majority of the number, nor the majority of the structure of the corpse, and not an intact backbone, nor an intact skull. If there are a fourth of akab of bones, they impart impurity like an entire corpse when they are touched or carried or one is under the same structure. If there are less than a fourth of akab - this applies even to a bone merely the size of a barley-corn - they impart impurity when they are touched or carried. They do not, however, impart impurity through being under the same structure.
Halacha 10
If there is one bone, even if it is a fourth of a kab in size, it imparts impurity when it is touched or carried. It does not, however, impart impurity through being under the same structure.
The impurity imparted by one bone is a halachah conveyed by the Oral Tradition. Numbers 19:18 states: "And all who touch the bone." The Oral Tradition teaches that even a bone the size of a barley-corn imparts impurity when it is touched or carried. Since this impurity is taught as halachah by the Oral Tradition, it is considered as Scriptural Law and not as a Rabbinic decree.
Halacha 11
When the bones of a corpse decompose in the grave and become a rekev, two handfuls of that rekev impart impurity when that quantity is carried or it is located under the same structure as a person or object. It does not, however, impart impurity when it is touched, because it is impossible to touch it in its entirety, because it is not a whole entity. Even if it was mixed with water, the different portions are not considered as joined together.
Halacha 12
The blood of a corpse imparts impurity like the corpse itself when it is touched, carried, or one is under the same structure, for Numbers 19:13 speaks of: "the soul of man" and Deuteronomy 12:23 states: "the blood is the soul."
What is the measure of blood that imparts impurity? A revi'it. Even the liquid left after blood coagulates imparts impurity when one is under the same structure, as a corpse does, as long as it is red in color.
Halacha 13
Blood from a living person, even if it is the blood that flows out when the person is stabbed in the throat, is pure as long as the person is alive. If the blood which flows from his body at the end, i.e., before his death, becomes mixed with the blood which flows from his body after he died and the entire mixture is a revi'it, and it is not known how much flowed out while he was alive and how much flowed out after his death, even if half a revi'it flowed out while he was alive and half after his death, this is referred to as "weltering blood." It imparts impurity when it is touched, carried, or when one is under the same structure. This impurity is, however, of Rabbinic origin.
Halacha 14
The following laws apply when the corpse of a person who was slain was lying on a bed. His blood had been dripping from his body while he was alive and descending into a hole. At one point, he died. After he died, the blood continued dripping and descending into that hole. All of the blood is pure. For the drops of blood are nullified one by one, as they become mixed with the blood that flowed from his body during his lifetime.
If only a revi'it of blood flowed out from the person's body and there is a doubt whether it all flowed out during the person's life or afterwards, this is a questionable situation of ritual impurity like other questionable situations. One who touches it in a private domain is impure. In a public domain, he is pure, as will be explained in the appropriate place.
Halacha 15
According to Scriptural Law, as long as the source of impurity is in a grave, the grave imparts impurity when it is touched or when one is under the same structure, as a corpse does, for Numbers 19:16 mentions touching "a corpse, the bone of a man, or a grave." A person is impure whether he touches the covering of a grave or its sides, provided it is built and totally enclosed. Afterwards, in such a situation, the grave imparts impurity in its entirety when it is touched or when one is under the same structure.
If, however, one places keilim, stones, or the like at the side of a corpse and covers the corpse with keilim, stones, or the like, the covering that shelters the corpse from above is called a gollel. And the objects at the side that support thegollel and upon which it rests are called a dofek. Both of them, the gollel and the dofek impart impurity when they are touched or when one is under the same structure, as is true with regard to a grave. The impurity they impart is of Rabbinic origin. They do not impart impurity when carried. Accordingly, if one drags a gollel with ropes until it covers a corpse or drags it or pulls it away from being above a corpse, or one dragged a dofek until he positioned the gollelabove it or pulled it by ropes from under the dofek, the person is pure.
Entities that support the dofek are called dofek dofekkim and they are pure.
Halacha 16
When a field containing a grave was plowed and the bones of the corpse were lost in its earth, this is called a beit hapras. Its earth imparts impurity when it is touched or carried, for perhaps it contains a bone the size of a barley corn, but it does not impart impurity when one is under the same structure.
Similarly, the earth in the entire Diaspora imparts impurity when it is touched or carried, because of the possibility of the presence of bones, for they are not careful about burying them. The impurity of a beit hapras and the earth of the Diaspora is of Rabbinic origin, as will be explained.
• Friday, Tammuz 9, 5775 · 26 June 2015
"Today's Day"
Monday Tamuz 9 5703
Torah lessons: Chumash: Balak, Sheini with Rashi.
Tehillim: 49-54.
Tanya: Ch. 12. (Although (p. 337) ...themselves are created. (p. 339).
The greatest guaranteed assurance (of Divine assistance) for all Jewish parents in need of special help and deliverance1 for their children is through their support of those who study Torah.
FOOTNOTES
1. From On High.
Daily Thought:
The Mentor
Just as some people refuse to see their faults, so there are those who insist on digging too deep, persecuting themselves over every fault and making unreasonable demands upon their lives. Eventually they collapse from exhaustion, or worse, kick back with resentment.
This is why no person should go it alone. Everyone needs a mentor, someone who can look objectively and say, “This is where you are right now. This is what you can expect from yourself right now.”[See Hayom Yom, 26 Cheshvan; 20 Kislev 5737.]
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