Today's Laws & Customs:
• Count "Thirty-Five Days to the Omer" Tonight
Tomorrow is the thirty-fifth day of the Omer Count. Since, on the Jewish calendar, the day begins at nightfall of the previous evening, we count the omer for tomorrow's date tonight, after nightfall: "Today is thirty-five days, which are five weeks, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Malchut sheb'Hod -- "Receptiveness in Humility"
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:
• Passing of Maharam of Rothenberg (1293)
Renowned Talmudist Rabbi Meir ("Maharam") of Rothenburg (1215?-1293) died in his cell in the Ensisheim fortress, where he had been imprisoned for ten years in an attempt to exact a huge ransom from the Jewish community. The money had been raised, but Rabbi Meir refused to have himself redeemed, lest this encourage the hostage taking of other Jewish leaders. (see "today in Jewish History" for Adar 4)
Links: A brief biography
• Goebbels Committed Suicide (1945)
Paul Joseph Goebbels, the Nazi Propaganda Minister under Adolf Hitler, was known for his zealous anti-semitism. Following Hitler's death he served as Chancellor for one day. A day later, he approved the murder of his own six children and committed suicide.
Daily Quote:
The court is obligated to straighten the roads to the cities of refuge, to repair them and broaden them. They must remove all impediments and obstacles... "Refuge, Refuge" was written at all crossroads so that the murderers should recognize the way and turn there...[Mishneh Torah, Laws Regarding Murder and the Preservation of Life, 8:5]
Daily Study:
Chitas and Rambam for today:
Chumash: Emor, 6th Portion Leviticus 23:33-23:44 with Rashi
• Chapter 23
33And the Lord spoke to Moses, saying, לגוַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
34Speak to the children of Israel, saying: On the fifteenth day of this seventh month, is the Festival of Succoth, a seven day period to the Lord. לדדַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל לֵאמֹר בַּחֲמִשָּׁה עָשָׂר יוֹם לַחֹדֶשׁ הַשְּׁבִיעִי הַזֶּה חַג הַסֻּכּוֹת שִׁבְעַת יָמִים לַיהֹוָה:
35On the first day, it is a holy occasion; you shall not perform any work of labor. להבַּיּוֹם הָרִאשׁוֹן מִקְרָא קֹדֶשׁ כָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ:
a holy occasion: [This expression mentioned in connection with Yom Kippur, means that you are to] sanctify it [the day] through [wearing] clean garments and through prayer, while [this expression mentioned in connection] with the other holy days, [means] sanctify it with food and drink, through [wearing] clean clothes and through [their own special] prayers. — [See Torath Kohanim 23:186] [Note that this Rashi belongs on verse 27. Therefore, it is obvious that it is referring to Yom Kippur, and the words, בְּיוֹם הַכִּפּוּרים are completely unnecessary. Since the copyists believed it to be on verse 35, which deals with Succoth, they found it necessary to insert those words. See Divrei David.] מקרא קדש: קדשהו בכסות נקיה ובתפלה, ובשאר ימים טובים במאכל ובמשתה ובכסות נקיה ובתפלה:
36[For] a seven day period, you shall bring a fire offering to the Lord. On the eighth day, it shall be a holy occasion for you, and you shall bring a fire offering to the Lord. It is a [day of] detention. You shall not perform any work of labor. לושִׁבְעַת יָמִים תַּקְרִיבוּ אִשֶּׁה לַיהֹוָה בַּיּוֹם הַשְּׁמִינִי מִקְרָא קֹדֶשׁ יִהְיֶה לָכֶם וְהִקְרַבְתֶּם אִשֶּׁה לַיהֹוָה עֲצֶרֶת הִוא כָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ:
It is a [day of] detention: [i.e., God says to Israel,] “I have detained you [to remain] with Me.” This is analogous to a king who invited his sons to feast with him for a certain number of days, and when the time came for them to leave, he said: “My sons! Please, stay with me just one more day, [for] it is difficult for me to part with you!” [Similarly, after the seven days of Succoth, God “detains” Israel for one extra holy day.] עצרת הוא: עצרתי אתכם אצלי כמלך שזימן את בניו לסעודה לכך וכך ימים, כיון שהגיע זמנן להפטר אמר בני בבקשה מכם, עכבו עמי עוד יום אחד, קשה עלי פרידתכם:
[you shall not perform] any work of labor: [I.e.,] even such work that is considered labor for you, that, if not done, would cause a monetary loss [is prohibited]. כל מלאכת עבדה: אפילו מלאכה שהיא עבודה לכם, שאם לא תעשוה יש חסרון כיס בדבר:
you shall not perform: One might think that even during the intermediate days of the Festival, work of labor is [also] prohibited. Scripture, therefore says here, “ It [is a day of detention,” [i.e., only on this eighth day is work prohibited, and not on the preceding weekdays of the Festival, when such work, which, if postponed, would cause a monetary loss, is permitted]. — [Torath Kohanim 23:187] לא תעשו: יכול אף חולו של מועד יהא אסור במלאכת עבודה, תלמוד לומר היא:
37These are God's appointed [holy days] that you shall designate them as holy occasions, [on which] to offer up a fire offering to the Lord burnt offering and meal offering, sacrifice and libations, the requirement of each day on its day; לזאֵלֶּה מוֹעֲדֵי יְהֹוָה אֲשֶׁר תִּקְרְאוּ אֹתָם מִקְרָאֵי קֹדֶשׁ לְהַקְרִיב אִשֶּׁה לַיהֹוָה עֹלָה וּמִנְחָה זֶבַח וּנְסָכִים דְּבַר יוֹם בְּיוֹמוֹ:
burnt offering and meal offering: the libations meal offering that is offered up with the burnt offering (see Num. 15:1-16). - [Men. 44b] עלה ומנחה: מנחת נסכים הקריבה עם העולה:
the requirement of each day on its day: [I.e.,] according to the prescribed laws set out in the Book of Num. (chapter 29). דבר יום ביומו: חוק הקצוב בחומש הפקודים:
the requirement of each day on its day: But if its day passes, [and the prescribed sacrifice for that day had not been offered,] this sacrifice is canceled [i.e., it can no longer be brought on a later day]. — [Torath Kohanim 23:189] דבר יום ביומו: הא אם עבר יומו בטל קרבנו:
38apart from the Lord's Sabbaths, and apart from your gifts, and apart from all your vows, and apart from all your donations that you give to the Lord. לחמִלְּבַד שַׁבְּתֹת יְהֹוָה וּמִלְּבַד מַתְּנוֹתֵיכֶם וּמִלְּבַד כָּל נִדְרֵיכֶם וּמִלְּבַד כָּל נִדְבֹתֵיכֶם אֲשֶׁר תִּתְּנוּ לַיהֹוָה:
39But on the fifteenth day of the seventh month, when you gather in the produce of the land, you shall celebrate the festival of the Lord for a seven day period; the first day shall be a rest day, and the eighth day shall be a rest day. לטאַךְ בַּחֲמִשָּׁה עָשָׂר יוֹם לַחֹדֶשׁ הַשְּׁבִיעִי בְּאָסְפְּכֶם אֶת תְּבוּאַת הָאָרֶץ תָּחֹגּוּ אֶת חַג יְהֹוָה שִׁבְעַת יָמִים בַּיּוֹם הָרִאשׁוֹן שַׁבָּתוֹן וּבַיּוֹם הַשְּׁמִינִי שַׁבָּתוֹן:
But on the fifteenth day… when you gather in the produce of the land, you shall celebrate the festiv: [by bringing] a peace offering as the [special] “Festival offering (חֲגִיגָה).” Now, one might think that this [Festival offering] overrides the Sabbath. Scripture, therefore, says here, “But (אַךְ)” [denoting an exclusion (see Rashi on verse 27 above; Torath Kohanim 23: 191), namely that this sacrifice may not be brought on the Sabbath], since it can be made up on any of the seven [days of the Festival]. אך בחמשה עשר יום תחגו: קרבן שלמים לחגיגה. יכול תדחה את השבת, תלמוד לומר אך, הואיל ויש לה תשלומין כל שבעה:
when you gather in the produce of the land: [This teaches us] that this seventh month must occur at the time of ingathering, [namely, in the fall]. From here, [we learn] that they were commanded to proclaim leap years [i.e., to add an extra, thirteenth month to the lunar year], for if there were no leap years, [the lunar years would eventually no longer coincide with the solar years, and] sometimes [the seventh month] would occur in midsummer or midwinter [not in the time of ingathering]. - [Torath Kohanim 23:192] באספכם את תבואת הארץ: שיהא חדש שביעי זה בא בזמן אסיפה, מכאן שנצטוו לעבר את השנים, שאם אין העבור, פעמים שהוא בא באמצע הקיץ או החורף:
you shall celebrate: [by bringing] the Festival peace offering (see the first Rashi on this verse), תחגו: שלמי חגיגה:
for a seven-day period: If one did not bring it on one [day of the Festival], he may still bring it on another. Now, one might think that we are obliged to bring it all seven days. Scripture, therefore, says, “celebrate it” (verse 41 below) [employing the singular form,] thus denoting only one day and no more. But why does Scripture say “seven”? [To give seven days] for making it up [if one did not bring it on the first day]. - [Chag. 9a] שבעת ימים: אם לא הביא בזה יביא בזה. יכול יהא מביאן כל שבעה, תלמוד לומר וחגותם אותו, יום אחד במשמע, ולא יותר. ולמה נאמר שבעה, לתשלומין:
40And you shall take for yourselves on the first day, the fruit of the hadar tree, date palm fronds, a branch of a braided tree, and willows of the brook, and you shall rejoice before the Lord your God for a seven day period. מוּלְקַחְתֶּם לָכֶם בַּיּוֹם הָרִאשׁוֹן פְּרִי עֵץ הָדָר כַּפֹּת תְּמָרִים וַעֲנַף עֵץ עָבֹת וְעַרְבֵי נָחַל וּשְׂמַחְתֶּם לִפְנֵי יְהֹוָה אֱלֹהֵיכֶם שִׁבְעַת יָמִים:
the fruit of the hadar tree: [Scripture could have simply said, “ hadar fruit.” Since it adds the word “tree,” next to “fruit,” it teaches us that it is] a tree whose wood has the same taste as its fruit. — [Sukkah 35a] [Note that, according to Ramban, the fruit known in Aramaic as “ethrog,” is known in Hebrew as “ hadar.” פרי עץ הדר: עץ שטעם עצו ופריו שוה:
hadar: [Refers to a fruit] “that resides (הַדָּר) ” on its tree from one year to the next, which is the ethrog. — [Sukkah 35a] הדר: הדר באילנו משנה לשנה, וזהו אתרוג:
date-palm fronds: Heb. כַּפֹּת תְּמָרִים. [The word כַּפֹּת is written here with] a missing “vav” (ו) [thus implying the singular rather than the plural]. This teaches us that only one [date-palm frond is to be taken]. — [Sukkah 32a] כפת תמרים: חסר וי"ו, למד שאינה אלא אחת:
a branch of a braided tree: [A tree] whose branches עֲנָפָיו are braided like cords עֲבוֹתוֹת and like ropes. And Scripture is referring here specifically to the הֲדַס (myrtle) tree, which is made in a braided-like form. — [Sukkah 32b] וענף עץ עבת: שענפיו קלועים כעבותות וכחבלים, וזהו הדס העשוי כמין קליעה:
41And you shall celebrate it as a festival to the Lord for seven days in the year. [It is] an eternal statute throughout your generations [that] you celebrate it in the seventh month. מאוְחַגֹּתֶם אֹתוֹ חַג לַיהֹוָה שִׁבְעַת יָמִים בַּשָּׁנָה חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם בַּחֹדֶשׁ הַשְּׁבִיעִי תָּחֹגּוּ אֹתוֹ:
42For a seven day period you shall live in booths. Every resident among the Israelites shall live in booths, מבבַּסֻּכֹּת תֵּשְׁבוּ שִׁבְעַת יָמִים כָּל הָאֶזְרָח בְּיִשְׂרָאֵל יֵשְׁבוּ בַּסֻּכֹּת:
resident: Heb. הָאֶזְרָח, [lit., “the resident.” The definite article here] signifies a resident [of the people of Israel, namely, a native Jew. Therefore, the next seemingly superfluous expression, namely,] האזרח: זה אזרח:
among the Israelites: Comes to include converts [in this commandment]. — [Sukkah 28b] בישראל: לרבות את הגרים:
43in order that your [ensuing] generations should know that I had the children of Israel live in booths when I took them out of the land of Egypt. I am the Lord, your God. מגלְמַעַן יֵדְעוּ דֹרֹתֵיכֶם כִּי בַסֻּכּוֹת הוֹשַׁבְתִּי אֶת בְּנֵי יִשְׂרָאֵל בְּהוֹצִיאִי אוֹתָם מֵאֶרֶץ מִצְרָיִם אֲנִי יְהֹוָה אֱלֹהֵיכֶם:
I had the children of Israel live in booths: [These were] the clouds of glory [with which God enveloped the Jewish people in the desert, forming a protective shelter for them against wild beasts and enemies.] [See Num. 10:34 and Rashi on that verse.]- [Sukkah 11b] כי בסכות הושבתי: ענני כבוד:
44And Moses told the children of Israel [these laws] of the Lord's appointed [holy days]. מדוַיְדַבֵּר משֶׁה אֶת מֹעֲדֵי יְהֹוָה אֶל בְּנֵי יִשְׂרָאֵל:Daily Tehillim: Psalms Chapters 90 - 96
• Chapter 90
David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Chapter 91
This psalm inspires the hearts of the people to seek shelter under the wings of the Divine Presence. It also speaks of the four seasons of the year, and their respective ministering powers, instructing those who safeguard their souls to avoid them.
1. You who dwells in the shelter of the Most High, who abides in the shadow of the Omnipotent:
2. I say of the Lord who is my refuge and my stronghold, my God in whom I trust,
3. that He will save you from the ensnaring trap, from the destructive pestilence.
4. He will cover you with His pinions and you will find refuge under His wings; His truth is a shield and an armor.
5. You will not fear the terror of the night, nor the arrow that flies by day;
6. the pestilence that prowls in the darkness, nor the destruction that ravages at noon.
7. A thousand may fall at your [left] side, and ten thousand at your right, but it shall not reach you.
8. You need only look with your eyes, and you will see the retribution of the wicked.
9. Because you [have said,] "The Lord is my shelter," and you have made the Most High your haven,
10. no evil will befall you, no plague will come near your tent.
11. For He will instruct His angels in your behalf, to guard you in all your ways.
12. They will carry you in their hands, lest you injure your foot upon a rock.
13. You will tread upon the lion and the viper; you will trample upon the young lion and the serpent.
14. Because he desires Me, I will deliver him; I will fortify him, for he knows My Name.
15. When he calls on Me, I will answer him; I am with him in distress. I will deliver him and honor him.
16. I will satiate him with long life, and show him My deliverance.
Chapter 92
Sung every Shabbat by the Levites in the Holy Temple, this psalm speaks of the World to Come, and comforts the hearts of those crushed by suffering.
1. A psalm, a song for the Shabbat day.
2. It is good to praise the Lord, and to sing to Your Name, O Most High;
3. to proclaim Your kindness in the morning, and Your faithfulness in the nights,
4. with a ten-stringed instrument and lyre, to the melody of a harp.
5. For You, Lord, have gladdened me with Your deeds; I sing for joy at the works of Your hand.
6. How great are Your works, O Lord; how very profound Your thoughts!
7. A brutish man cannot know, a fool cannot comprehend this:
8. When the wicked thrive like grass, and all evildoers flourish-it is in order that they may be destroyed forever.
9. But You, Lord, are exalted forever.
10. Indeed, Your enemies, O Lord, indeed Your enemies shall perish; all evildoers shall be scattered.
11. But You have increased my might like that of a wild ox; I am anointed with fresh oil.
12. My eyes have seen [the downfall of] my watchful enemies; my ears have heard [the doom of] the wicked who rise against me.
13. The righteous will flourish like a palm tree, grow tall like a cedar in Lebanon.
14. Planted in the House of the Lord, they shall blossom in the courtyards of our God.
15. They shall be fruitful even in old age; they shall be full of sap and freshness-
16. to declare that the Lord is just; He is my Strength, and there is no injustice in Him.
Chapter 93
This psalm speaks of the Messianic era, when God will don grandeur-allowing no room for man to boast before Him as did Nebuchadnezzar, Pharaoh, and Sennacherib.
1. The Lord is King; He has garbed Himself with grandeur; the Lord has robed Himself, He has girded Himself with strength; He has also established the world firmly that it shall not falter.
2. Your throne stands firm from of old; You have existed forever.
3. The rivers have raised, O Lord, the rivers have raised their voice; the rivers raise their raging waves.
4. More than the sound of many waters, than the mighty breakers of the sea, is the Lord mighty on High.
5. Your testimonies are most trustworthy; Your House will be resplendent in holiness, O Lord, forever.
Chapter 94
An awe-inspiring and wondrous prayer with which every individual can pray for the redemption. It is also an important moral teaching.
1. The Lord is a God of retribution; O God of retribution, reveal Yourself!
2. Judge of the earth, arise; render to the arrogant their recompense.
3. How long shall the wicked, O Lord, how long shall the wicked exult?
4. They continuously speak insolently; all the evildoers act arrogantly.
5. They crush Your people, O Lord, and oppress Your heritage.
6. They kill the widow and the stranger, and murder the orphans.
7. And they say, "The Lord does not see, the God of Jacob does not perceive.”
8. Understand, you senseless among the people; you fools, when will you become wise?
9. Shall He who implants the ear not hear? Shall He who forms the eye not see?
10. Shall He who chastises nations not punish? Shall He who imparts knowledge to man [not know]?
11. The Lord knows the thoughts of man, that they are naught.
12. Fortunate is the man whom You chastise, O Lord, and instruct him in Your Torah,
13. bestowing upon him tranquillity in times of adversity, until the pit is dug for the wicked.
14. For the Lord will not abandon His people, nor forsake His heritage.
15. For judgment shall again be consonant with justice, and all the upright in heart will pursue it.
16. Who would rise up for me against the wicked ones; who would stand up for me against the evildoers?
17. Had the Lord not been a help to me, my soul would have soon dwelt in the silence [of the grave].
18. When I thought that my foot was slipping, Your kindness, O Lord, supported me.
19. When my [worrisome] thoughts multiply within me, Your consolation delights my soul.
20. Can one in the seat of evil, one who makes iniquity into law, consort with You?
21. They band together against the life of the righteous, and condemn innocent blood.
22. The Lord has been my stronghold; my God, the strength of my refuge.
23. He will turn their violence against them and destroy them through their own wickedness; the Lord, our God, will destroy them.
Chapter 95
This psalm speaks of the future, when man will say to his fellow, "Come, let us sing and offer praise to God for the miracles He has performed for us!"
1. Come, let us sing to the Lord; let us raise our voices in jubilation to the Rock of our deliverance.
2. Let us approach Him with thanksgiving; let us raise our voices to Him in song.
3. For the Lord is a great God, and a great King over all supernal beings;
4. in His hands are the depths of the earth, and the heights of the mountains are His.
5. Indeed, the sea is His, for He made it; His hands formed the dry land.
6. Come, let us prostrate ourselves and bow down; let us bend the knee before the Lord, our Maker.
7. For He is our God, and we are the people that He tends, the flock under His [guiding] hand-even this very day, if you would but hearken to His voice!
8. Do not harden your heart as at Merivah, as on the day at Massah in the wilderness,
9. where your fathers tested Me; they tried Me, though they had seen My deeds.
10. For forty years I quarreled with that generation; and I said, "They are a people of erring hearts, they do not know My ways.”
11. So I vowed in My anger that they would not enter My resting place.
Chapter 96
The time will yet come when man will say to his fellow: "Come, let us sing to God!"
1. Sing to the Lord a new song; sing to the Lord, all the earth.
2. Sing to the Lord, bless His Name; proclaim His deliverance from day to day.
3. Recount His glory among the nations, His wonders among all the peoples.
4. For the Lord is great and highly praised; He is awesome above all gods.
5. For all the gods of the nations are naught, but the Lord made the heavens.
6. Majesty and splendor are before Him, might and beauty in His Sanctuary.
7. Render to the Lord, O families of nations, render to the Lord honor and might.
8. Render to the Lord honor due to His Name; bring an offering and come to His courtyards.
9. Bow down to the Lord in resplendent holiness; tremble before Him, all the earth.
10. Proclaim among the nations, "The Lord reigns"; indeed, the world is firmly established that it shall not falter; He will judge the peoples with righteousness.
11. The heavens will rejoice, the earth will exult; the sea and its fullness will roar.
12. The fields and everything therein will jubilate; then all the trees of the forest will sing.
13. Before the Lord [they shall rejoice], for He has come, for He has come to judge the earth; He will judge the world with justice, and the nations with His truth.
Tanya: Likutei Amarim, middle of Chapter 49• Lessons in Tanya
• Friday, Iyar 19, 5775 · May 8, 2015
Today's Tanya Lesson
Likutei Amarim, middle of Chapter 49
ובזה יובן טוב טעם ודעת לתקנת חכמים, שתקנו ברכות קריאת שמע: שתים לפניה כו׳, דלכאורה אין להן שייכות כלל עם קריאת שמע, כמו שכתבו הרשב״א ושאר פוסקים
This will enable one to understand the eminently reasonable explanation of the Rabbinic enactment (Mishnah, Berachot 1:4) ordaining the recitation of the blessings of the Shema: two blessings preceding it, and so on.1 For at first glance it would appear that they have no connection whatever with the recital of theShema, as Rashba2 and other halachic authorities have stated.
In this, they are unlike other Rabbinic blessings pronounced over mitzvot, where each such blessing refers explicitly to the mitzvah itself (as for example the blessing “...to put on thetefillin”).
ולמה קראו אותן ברכות קריאת שמע, ולמה תקנו אותן לפניה דווקא
Why, then, were they termed “Blessings of the Shema?” And why was it ordained that they be recited specifically before it when they are in no apparent way connected to it?
The Alter Rebbe explains that the purpose of these blessings is to serve as a preparation to the Shema. The main objective of the Shema is attaining a “love of G‑d with both one’s inclinations” — so that not only the divine soul, but the animal soul and Yetzer Hara also come to love G‑d. And for this one must first meditate on the contents of the blessings of theShema, which describe the self-nullification of the angels and other creatures.
Thus, the blessings preceding the Shema are indeed similar to other blessings. Just as the Sages instituted blessings to be recited before performing any other particular mitzvah in order to make the person a fit receptacle for the beneficent flow he receives from its performance, so, too, did they institute the blessings preceding the Shema in order for one to properly perform that mitzvah.
אלא משום שעיקר קריאת שמע: לקיים בכל לבבך כו׳, בשני יצריך כו׳
But the reason is that the essence of the recital of the Shema is to fulfill the injunction, “with all your heart...,” that is,3 “with both inclinations...” — that a Jew should love G‑d with the whole of his heart, even with his animal soul and evil inclination,
דהיינו לעמוד נגד כל מונע מאהבת ה׳
that is to say, to withstand anything that hinders [him] from the love of G‑d.
ולבבך: הן האשה וילדיה, שלבבו של אדם קשורה בהן בטבעו, כמו שאמרו רז״ל על פסוק: הוא אמר ויהי, זו אשה, הוא צוה ויעמוד, אלו בנים
For “your heart” alludes to one’s wife and her children, to whom a man’s heart is, by his very nature, bound. So have the Sages, of blessed memory, commented4 on the verse:5 “For He spoke and it came to pass,” that this refers to one’s wife; “He commanded, and it stood fast,” that this refers to the children,
I.e., it is G‑d’s command that imbues a man’s nature with the bond to his wife and children. These are “your heart,” the things to which his heart is bound — and they are not to hinder his divine service.
ונפשך ומאדך: כמשמעו, חיי ומזוני
and by “your soul and might” is understood, literally, your life and sustenance;they, too, should not act as an impediment to spiritual service;
להפקיר הכל בשביל אהבת ה׳
all are renounced for the love of G‑d.
Thus, neither the things found “within” — the animal soul and evil inclination, nor those things “without” — one’s wife, children and sustenance, should hinder a person from those matters which lead to the love of G‑d.
ואיך יבא האדם החומרי למדה זו
But how can physical man attain this level? — of G‑dly love that nothing can obstruct.
לכך סידרו תחלה ברכת יוצר אור, ושם נאמר ונשנה באריכות ענין וסדר המלאכים העומדים ברום עולם
It is to this end, therefore, that the blessing of Yotzer Or was introduced to be recited first, for in this blessing there is stated and repeated at length — and this meditation must indeed be a lengthy one, taking into account all the specific details — the account and order of the angels “standing at the world’s summit,”
להודיע גדולתו של הקב״ה, איך שכולם בטלים לאורו יתברך, ומשמיעים ביראה כו׳ ומקדישים כו׳ ואומרים ביראה: קדוש כו׳, כלומר שהוא מובדל מהם ואינו מתלבש בהם בבחינת גילוי
in order to proclaim the greatness of the Holy One, blessed be He — how they are all nullified in His blessed light and “pronounce in fear...” “and sanctify...”G‑d’s Name, and “declare in fear, ‘Holy’,”... meaning6 by saying “Holy...” that He is apart from them, and does not clothe Himself in them in a revealed state,
אלא מלא כל הארץ כבודו, היא כנסת ישראל למעלה, וישראל למטה, כנ״ל
but where is G‑d revealed? — “The whole earth is full of His glory,” namely, the Community of Israel above i.e., Malchut of Atzilut, the source of Jewish souls, which is called “earth”, and Israel on this earth below, wherein Jews perform Torah and mitzvot, for which reason specifically is this world filled with His glory: it is here that G‑d clothes and reveals Himself, as has been explained earlier.
All the above refers to the comprehension of the supernal angels, the serafim, who are able to comprehend how G‑d is apart from them and that only the earth is charged with His glory.
וכן האופנים וחיות הקודש ברעש גדול וכו׳: ברוך כבוד ה׳ ממקומו, לפי שאין יודעים ומשיגים מקומו
So, too, we find related in the7 blessing of Yotzer Or, regarding other categories of angels, whose place is in a lower world than the serafim, and who are therefore unable to comprehend how G‑dliness is separate and apart, that “the ofanim and the holy chayyot with a mighty sound” declare:8 ‘Blessed be the glory of the L‑rd and may it be drawn downfrom its place,’" for they neither know, nor do they apprehend His place — the place from which G‑dliness is revealed, for which reason they say ”from its place,“ wherever that place may be,
וכמו שכתוב: כי הוא לבדו מרום וקדוש
as we say a few lines later, “For He alone is exalted and holy.”
The various degrees of nullification of these angels are thus spoken of in the first of the two blessings preceding the Shema. When a person meditates on this matter he will begin to understand G‑d’s greatness, for all the lofty angels are nullified to Him.
ואחר כך ברכה שניה
Then follows the second blessing, which declares G‑d’s great love of the Jewish people.
Notwithstanding the lofty service and the subjugation of all the heavenly angels, G‑d saw fit to set them all aside, as it were, choosing instead to delight in the service of His people below. This blessing begins:
אהבת עולם אהבתנו ה׳ אלקינו, כלומר, שהניח כל צבא מעלה הקדושים
“L‑rd our G‑d, You have loved us with everlasting love.” That is to say, that He set aside all the supernal, holy hosts — the heavenly angels, for they are not the ultimate intent of creation,
והשרה שכינתו עלינו, להיות נקרא אלקינו, כמו: אלקי אברהם כו׳, כנ״ל
and caused His Shechinah to dwell upon us, the Jewish people, so that He be called “our G‑d” in the same sense that He is called9 “the G‑d of Abraham,...” as explained earlier.10
Abraham was completely nullified to G‑d. To the same degree that G‑d is called “the G‑d of Abraham,” He is also called “our G‑d.” This is accomplished, as explained earlier, through the performance of Torah and mitzvot.
והיינו כי אהבה דוחקת את הבשר
This is because “love impels the flesh.”
Love effects concealment and contraction. So, too, did G‑d’s love for His people bring about a certain contraction, in that He chose the service of Jewish souls in the state in which they are found here below — enclothed in physical bodies, and in the finite world.
ולכן נקראת אהבת עולם, שהיא בחינת צמצום אורו הגדול הבלתי תכלית, להתלבש בבחינת גבול הנקרא עולם
Therefore this love on G‑d’s part is called ahavat olam, literally, “a love of the world,”for it refers to the “contraction” of His great and infinite light, by assuming the garb of finitude, which is called olam (“world”) — the concept of “world” signifying the finitude of space and time. G‑d brought about this “contraction”:
בעבור אהבת עמו ישראל, כדי לקרבם אליו, ליכלל ביחודו ואחדותו יתברך
for the sake of His love for His people Israel, in order to bring them near to Him, that they might be absorbed into His blessed Unity and Oneness through Torah and mitzvot.
וזהו שכתוב: חמלה גדולה ויתירה
This is also the meaning of what we say a little later on in the same blessing of Ahavat Olam, and in connection thereto: “Exceedingly abounding compassion,” i.e., more than You have bestowed upon others, “have You bestowed upon us,”
פירוש: יתירה על קרבת אלקים שבכל צבא מעלה
namely, [a compassion] exceeding the nearness of G‑d toward all the hosts above.
G‑d’s nearness to them comes out of His sense of compassion for them. This can in no way compare to the compassion G‑d feels for us, for which reason He draws us closer to Him. The same blessing of Ahavat Olam then goes on to say:
ובנו בחרת מכל עם ולשון, הוא הגוף החומרי הנדמה בחומריותו לגופי אומות העולם
“And You have chosen us from among all nations and tongues”: this refers to the material body which, in its corporeal aspects, is similar to the bodies of the gentiles of the world.
True freedom of choice can only come about when one has two completely equal choices. When two things, however, are unequal, one does not freely choose one over the other — the qualities found in one and lacking in the other compel the choice.
It is therefore impossible to say that “You have chosen us” refers to Jewish souls, for there can be no comparison between Jewish and non-Jewish souls, inasmuch as a Jew’s soul11 “is truly part of G‑d Above.” Rather, “You have chosen us” refers to the Jew’s material body, which in its corporeality is similar to the bodies of non-Jews.
G‑d freely chose Jewish bodies to be the proper receptacle for Jewish souls, desiring that through the deeds performed by the body (for all physical mitzvot demand bodily participation) the Jew should become united with Him. This the Alter Rebbe now goes on to explain, first continuing to quote from Ahavat Olam:
וקרבתנו וכו׳ להודות וכו׳, ופירוש הודאה יתבאר במקום אחר, וליחדך כו׳, ליכלל ביחודו יתברך כנ״ל
“And you have brought us near...to give thanks...” (the interpretation of “thanks” will be given elsewhere, where the quality of abnegation found in thanksgiving will be explained), “...and proclaim your Oneness...,” which means to be absorbed in His blessed Unity, as has been explained above.
The Alter Rebbe will soon conclude that meditating on the concepts appearing in the blessings of the Shema leads a Jew to the proper realization of the Shema — attaining an ardent love for G‑d.
| FOOTNOTES | |
| 1. | Concerning the possibility that “and so on” alludes to the blessings which follow theShema, the Rebbe notes: “This is not [found] in Tanya. More important, the answer to this is not given. On the contrary, at the end of his question the Alter Rebbe explicitly says, ’specifically before it‘; he does not mention ’after it,‘ even by indicating this with ’and so on.‘ This is especially significant because there is a connection to ’after it,‘ for the latter blessings speak of accepting the Heavenly Yoke and the Exodus from Egypt (and these themes refer to the recitation of the Shema, as explained at the end of ch. 47). ”’And so on,‘ then, is intended either to include the recitation of the evening Shema, or it alludes to the conclusion of the above-quoted Rabbinic text: ’two before it... and in the evening.‘ Essentially both answers are the same. And although later on the Alter Rebbe specifies the morning blessings, the same can be understood from them regarding those in the evening.“ |
| 2. | Quoted in Beit Yosef, Orach Chayim ch. 46. |
| 3. | Berachot 54a. |
| 4. | Shabbat 152a. |
| 5. | Tehillim 33:9. |
| 6. | The Rebbe comments: The Alter Rebbe adds the word ”meaning“ in order to tell us that the declaration ”Holy“ does not mean here, as it does in other places, that notice is being given that the one spoken of is holy, or the like. For to make it known that someone is holy implies that the speaker is aware of and grasps the other’s holiness. (Likewise, regarding the Shunamite woman who called Elisha holy, the Gemara asks: ”How did she know?“) Here, however, when the angels proclaim ”Holy“ the intent is the very opposite: they do not know Him, for He is Holy — i.e., separate, and apart from them. (This incidentally deflects another possible question: Since the angels are in a state of self-nullification, how is it conceivable that they ”proclaim and announce“? According to the above, however, this may be understood: They ”proclaim and announce“ that they are nullified to G‑d, that He is separate and apart from them, and that they have no conception of Him.) |
• Sefer Hamitzvos:Friday, Iyar 19, 5775 · May 8, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 140
Counting Down the Years to the Jubilee
"And you shall count seven Sabbatical years"—Leviticus 25:8.
Starting when the Jews conquered Israel and settled therein, the high court is commanded to count down the years to the Jubilee Year. They count seven cycles of seven years [and then sanctify the fiftieth one as the Jubilee].
Counting Down the Years to the Jubilee
Positive Commandment 140
Translated by Berel Bell
The 140th mitzvah is that we are commanded to count the years, beginning with the time we ruled over Eretz Yisrael and took possession of it.1
This mitzvah of counting the shemittah years is to be fulfilled by the beth din, i.e. the Great Sanhedrin. They have the responsibility of counting each of the 50 years, just as each of us is required to count the days of the omer.
The source of this commandment is G‑d's statement,2 "You shall count seven Sabbatical years."
The Sifra says: "One might think that they count seven consecutive Sabbatical years and then make a jubilee year. Therefore the verse continues, 'seven years, seven times.' If not for these two phrases, we would not know the law."
This means that without both phrases we would not understand how to perform this mitzvah, i.e. to count just the years and to count the appropriate shemittah cycle together with it.
Their3 statement that the law could not be derived without both passages definitely implies that they comprise one mitzvah. If they were two mitzvos — one to count the years and one to count the shemittah cycles — our Sages would not have used the expression "If not for these two phrases, we would not know the law"; because any two mitzvos are derived from two verses — each from its own verse. One can only say, "If not for these two phrases, we would not know the law" regarding one single mitzvah the laws of which can only be fully understood through two phrases.
An example of this is the b'chor (first-born animal). One verse,4 "The first-born initiating every womb is Mine" implies that both males and females are included. Another verse,5 "[every animal that your cattle shall issue] which is male shall be the L‑rd's" implies both first-born animals and those which are born later. Only with both verses do we fully understand the mitzvah — that it applies only to first-born male animals, as explained in the Mechilta.
FOOTNOTES
1.I.e. after the seven years of conquering the land and another seven years of dividing it among the tribes in the days of Joshua. See Hilchos Shemittah V'yovel 10:2.
2.Lev. 25:8.
3.The Rambam now explains why these two countings — of the years and of the shemittah cycles — count as one mitzvah instead of two separate mitzvos.
4.Ex. 34:19.
5.Ibid. 13:12.
Positive Commandment 136
Sanctifying the Jubilee Year
"And you shall sanctify the fiftieth year"—Leviticus 25:10.
We are commanded to sanctify the fiftieth year, the Jubilee Year, by abstaining from agricultural work and rendering all the land's produce ownerless and free for all to take—just as we are commanded to do during the Shemitah (Sabbatical) Year.
This mitzvah is only practiced in the Land of Israel, and only when all of the tribes are settled therein, each in their ancestral portion of the Land.
Sanctifying the Jubilee Year
Positive Commandment 136
Translated by Berel Bell
The 136th mitzvah is that we are commanded to sanctify the 50th year, i.e. to refrain from working the land as in the shemittah year.
The source of this commandment is G‑d's statement,1 "You shall sanctify the 50th year." Our Sages2 explained that, "As it is with shemittah, so too with the jubilee." This means that just as Scripture equates them in the prohibition, so too they are equated in the positive commandment, as I will explain.3
The jubilee year and the shemittah year are the same in that one must stop working the land and must renounce ownership of all produce. Both of these4 are included in the statement, "You shall sanctify the 50th year." Scripture itself explicitly states that this "sanctity" includes renouncing ownership of all produce. This is in the verse,5 "The jubilee shall thus be holy to you; you shall eat the crops from the field."
The jubilee year is only in effect in Eretz Yisrael, and only when each tribe is in its proper place, i.e. in its portion in Eretz Yisrael rather than mixed among other tribes.6
FOOTNOTES
1.Lev. 25:10.
2.Sifra, ibid.
3.See N223 and N226.
4.To stop working the land and to renounce ownership.
5.Ibid. 25:12.
6.In the Messianic Age, Mashiach will identify which tribe each individual belongs to by ruach hakodesh. See Hilchos Melachim 12:3.
Positive Commandment 137
Emancipation of Slaves during the Jubilee Year
"You shall sound the shofar [ram's horn] on the tenth day of the seventh month, on Yom Kippur you shall sound the shofar throughout your land"—Leviticus 25:9.
We are commanded to blow the shofar (ram's horn) on the tenth of Tishrei of the Jubilee Year—announcing the emancipation (without compensation) of all Hebrew slaves.
These shofar blasts parallel the annual sounding of the shofar on Rosh Hashanah, both with regards to the actual blasts as well as the blessings that accompany them. (Though the purpose of the sounding of the shofar is different; the Jubilee blasts serving as an announcement regarding the liberation of the slaves.)
Emancipation of Slaves during the Jubilee Year
Positive Commandment 137
Translated by Berel Bell
The 137th mitzvah is that we are commanded to blow shofar on the 10th of Tishrei of this [jubilee] year, and to declare throughout the land the emancipation of slaves and that each eved Ivri1 goes free on this day, the 10th of Tishrei, without payment.
The source of this commandment is G‑d's statement,2 "On the 10th day, Yom Kippur, of the seventh month, you shall make a proclamation with the ram's horn throughout your land" and3 "You shall declare the emancipation [of slaves] in the land to all its inhabitants."
It is explained4 that, "the jubilee is identical to Rosh Hashanah regarding blowing the shofar and the blessings." The laws of blowing the shofar on Rosh Hashanah are explained in tractate Rosh Hashanah.5
It is well-known6 that this shofar blowing on the jubilee is only to publicize the emancipation, and is part of the proclamation mandated by the verse "You shall declare the emancipation [of slaves] in the land." It is not like the shofar blowing of Rosh Hashanah, which is "a remembrance before G‑d," unlike this which is to designate the freeing of slaves, as explained above.
FOOTNOTES
1.See P232.
2.Ibid. 25:9.
3.Ibid. 25:10.
4.Rosh Hashanah 26b.
5.26a ff.
6.Apparently the Rambam wishes to demonstrate that these two verses constitute one mitzv
Negative Commandment 224
Planting during the Jubilee Year
"You shall not sow"—Leviticus 25:11.
It is forbidden to sow the fields or do agricultural work on fruit trees during the Jubilee Year (similar to the Sabbatical Year).
Planting during the Jubilee Year
Negative Commandment 224
Translated by Berel Bell
The 224th prohibition is that we are forbidden from working the land during the jubilee year.
The source of this prohibition is G‑d's statement,1 "[The 50th year shall be a jubilee to you in that] you may not plant," as commanded regarding the shemittah year,2 "you may not plant your fields."
Just as during the shemittah year one is prohibited from both working the land and the trees, so too during the jubilee. Therefore the general statement "you may not plant" is used, to include both the land and trees.
The punishment for transgressing this prohibition is also lashes.
FOOTNOTES
1.Ibid. 25:11.
2.Ibid. 25:4
Negative Commandment 225
Harvesting Field Crops during the Jubilee Year
"Nor shall you reap that which grows of itself in it"—Leviticus 25:11.
It is forbidden to harvest – in normal fashion – that which grows wild in the fields during the Jubilee Year.
(As with the Sabbatical Year, one may only harvest them as if they were ownerless, i.e. without extensive preparation or arrangement, and not in bulk.)
Harvesting Field Crops during the Jubilee Year
Negative Commandment 225
Translated by Berel Bell
The 225th prohibition is that we are forbidden from harvesting s'fichim [uncultivated crops] which grow during the jubilee year in the same way we harvest in a regular year, as we explained regarding the shemittah year.1
The source of this prohibition is G‑d's statement,2 "[The 50th year shall be a jubilee to you in that you may not plant;] you may not harvest crops which grow of their own accord."
FOOTNOTES
1.See N222.
2.Ibid. 25:11.
Negative Commandment 226
Harvesting Fruit during the Jubilee Year
"Nor shall you gather in it the grapes from your un-pruned vine"—Leviticus 25:11.
It is forbidden to harvest – in normal fashion – the fruit that grows during the Jubilee Year.
(As with the Sabbatical Year, one may only harvest them as if they were ownerless, i.e. without extensive preparation or arrangement, and not in bulk.)
Harvesting Fruit during the Jubilee Year
Negative Commandment 226
Translated by Berel Bell
The 226th prohibition is that we are also forbidden from gathering fruit of the jubilee year in the same way we gather in a regular year.
The source of this prohibition is G‑d's statement,1 "[The 50th year shall be a jubilee to you in that you may not plant; you may not harvest crops which grow of their own accord;] you may not gather grapes from unpruned vines," similar to what was explained above2 regarding the shemittah year. The Sifra says: "The phrases 'you may not harvest...you may not gather' teach us that it is the same during the jubilee year as during the shemittah year." This means that they are identical regarding all these prohibitions.
All the laws of shemittah and yovel are obligatory only in Eretz Yisrael.
FOOTNOTES
1.Ibid.
2.N223.
Eruvin - Chapter Seven
Halacha 1
When a person left his city on Friday and stood in a specific place within the Sabbath limits, or at the end of the Sabbath limits, and said,1 "This is my place for the Sabbath," although he returns to his city and spends the night there, on the following day he is permitted to walk two thousand cubits from that place in every direction.
This is the principal manner [of establishing] an eruv t'chumin - actually to go there by foot.2 [The Sages allowed] one to establish an eruv by depositing an amount of food sufficient for two meals in the place - although one did not actually go there and stand there - to expedite matters for a rich person, so that he will not have to travel by himself, and could instead send his eruv with an agent who will deposit it for him.
Halacha 2
Similarly, when a person decides to establish his place for the Sabbath in a specific location - e.g., at a tree, a house, or a fence that he can identify, and at nightfall:
a) there are two thousand cubits or less between him and that place; andb) he sets out to reach that place and establishes it to be his place for the Sabbath,
on the following day, he may proceed to that desired location and continue two thousand cubits in all directions. [Moreover, this law applies] even when he did not actually reach that place or stand there, but instead a friend had him turn back and spend the night at his home, or even if he himself decided to turn back, or was prevented [from going there by other factors].
[The rationale is that] since he made a resolve to establish [that location] as his place for the Sabbath, and set out for that purpose, it is considered as if he stood there or deposited his eruv there.
Halacha 3
When does the above apply? To a poor person, for we do not burden him [with the obligation of] depositing an eruv, or to a person who is in a distant place - e.g., a person on a journey who is afraid that soon night will fall. [This leniency is granted] provided there is enough time in the day for him to reach the designated place before nightfall - if he ran with all of his strength - and there are two thousand cubits or less between him and that place at nightfall.3
If, however, he was not far from the place in question,4 nor was he a poor man, or
there was not enough time in the day for him to reach the designated place before nightfall if he ran with all of his strength, orthere were more than two thousand cubits between him and that place at nightfall, orhe did not specify the location he intended as his place for the Sabbath,5
he is not able to designate a distant location as his place for the Sabbath. Instead, he is granted no more than two thousand cubits in all directions from the place at which he is standing at nightfall.6
Halacha 4
When a person stood in a private domain before the commencement of the Sabbath and designated it as his "place" for the Sabbath, or if he was traveling on a journey and had the intent of spending the Sabbath in a private domain that he knew and [thus] designated as his "place" for the Sabbath, he is entitled to walk throughout that domain and [continue] two thousand cubits in all directions.
If, however, this private domain was not enclosed for the purpose of habitation, or was a mound or a valley [different rules apply]: If it is the size of the area necessary to grow two se'ah [of grain] or less,7 one is entitled to walk throughout that domain and two thousand cubits in all directions.8 If it is larger than the size of the area necessary to grow two se'ah [of grain],9 [one's "place"] is considered to be only four cubits in that domain, [and one may proceed only] two thousand cubits from [this place] in all directions.
The same [law applies] when one places one's eruv in a domain that was not enclosed for the purpose of habitation.10
Halacha 5
When a person [desires to] establish a distant location as his "place" for the Sabbath, but does not specify its exact location, he is not considered to have established it as his "place."
What is implied? A person was traveling on a journey and declared, "I will spend the Sabbath in such and such a place," "...in such and such a field," "...in such and such a valley," or "...a thousand cubits..." or "...two thousand cubits away from my present place," he has not established the distant location as his place for the Sabbath. [Instead,] he is entitled to proceed only two thousand cubits in all directions from the place where he is standing at nightfall.11
Halacha 6
[The following rule applies] when a person says, "I will spend the Sabbath under this and this tree," or "...under this and this rock." If there are eight cubits or more under the tree or the rock, the person has not established [the location] as his "place" for the Sabbath, because he did not specify an exact location. For were he to spend the Sabbath in a particular four cubits, [he could be in error,] lest the other four cubits be the ones defined as his "Sabbath place."12
Halacha 7
Therefore, it is necessary for a person to have the intent of establishing [a specific portion of the space - e.g.,] at [the tree's] base, its southern side, or its northern side, as his "Sabbath place."
If there are less than eight cubits under [the tree], and he intends to spend the Sabbath under it, he acquires it [as his "Sabbath place"]. [The rationale is that] there is no room [under the tree] for two places, and at least a portion of his [Sabbath] "place" has been defined.13
[This is the course of action to follow when] two people were coming on a journey, and one is familiar with a tree, fence, or other place that he desires to establish as his place, and the other is not familiar with the place. The person who is unfamiliar [with the place] should entrust the right to establish his "Sabbath place" to the one who is familiar with the place, and the latter should have the intent that he and his colleague should spend the Sabbath in the place with which he is familiar.
Halacha 8
[The following rules apply when] the inhabitants of a city have sent a person to deposit their eruv in a specific place, he set out on his way, but a colleague had him return, and he did not deposit the eruv [on behalf of the inhabitants]: Since their eruv was not deposited in the desired location, [that location] is not established as their "Sabbath place," and they are not allowed to walk more than two thousand cubits in all directions from [the boundary of] their city.
[The person who went to deposit the eruv], by contrast, is considered to have established that location as his "place" for the Sabbath, because he had set out on the way to that location with the intent of establishing it as his "Sabbath place."14 Therefore, on the following day, he is permitted to proceed to the [desired] place and continue two thousand cubits from it in all directions.
Halacha 9
The statement made previously,15 that a person who desires to establish a location as his Sabbath place from a distance need merely set out on the way, does not mean that he must depart and begin walking through the fields. Even if he merely descended from the loft with the intent of proceeding to [the desired] place, and before he left the entrance of his courtyard, a colleague prevailed on him to return, he is considered to have set out [on his way], and may establish his "Sabbath place" in that location.16
When a person establishes a location as his "Sabbath place" from a distance, he need not make an explicit statement, "This and this location is my 'Sabbath place.' It is sufficient for him to make a resolve within his heart and to set out on the way [to] establish that location as his "Sabbath place."17
Needless to say, a person who traveled by foot and actually stood at the location that [he desired to] establish as his "Sabbath place" need not make a statement. Making a resolve within his heart is sufficient to establish [the location as his "Sabbath place"].
Halacha 10
When students who sleep in the house of study, but go and eat their Sabbath meals [in the homes of] people who live in the fields and the vineyards who show hospitality to wayfarers passing through, [the house of study is considered their "Sabbath place"] and not the place where they eat.18
They may walk two thousand cubits from the house of study in all directions. [The rationale is] that were it possible for them to eat in the house of study, they would not go to the fields at all. They consider the house of study alone as their dwelling.
| FOOTNOTES | |
| 1. |
As mentioned in Halachah 9, there is no need to make an explicit statement. It is sufficient to make a mental resolve.
|
| 2. |
This point is the subject of a difference of opinion among our Sages (Eruvin 4:9). Rabbi Meir maintains that the fundamental provision for establishing an eruv t'chumin involves depositing food. An allowance was made, however, for a poor person who could not afford to deposit food; he was permitted to establish an eruv by actually going to the desired place.
Rabbi Yehudah differs and states that the fundamental provision involves actually being at the place. Our Sages granted a leniency to a rich man, however, and allowed him to employ an agent to deposit food. As the Rambam states, the halachah follows Rabbi Yehudah.
|
| 3. |
I.e., the person could not reach the intended place before nightfall if he continued at his present pace, but could reach it if he ran with all his might. We do not require him to make this effort, and allow him to establish the eruv by intent and continue walking at his normal pace (Shulchan Aruch, Orach Chayim 409:11).
|
| 4. |
I.e., if at the outset he was at home, but was simply too lax about establishing an eruv. (SeeShulchan Aruch, loc. cit.:13.)
|
| 5. |
See Halachot 5-7.
|
| 6. |
The Rambam's ruling implies that the person's intent is of no consequence whatsoever, and his "place" for the Sabbath is the place where he is standing at nightfall.
The Ra'avad differs regarding the instance when there are more than two thousand cubits between the person and the location he intended to be his "Sabbath place." The person's intent establishes that location as his "Sabbath place." Since there are more than two thousand cubits between the person and his "place," he is compared to one who has gone beyond his Sabbath limits and is entitled to walk only within a square of four cubits. (See Hilchot Shabbat 27:11.)
Although the Shulchan Aruch (loc. cit.:11) mentions both views, it appears to favor that of the Ra'avad. The Be'ur Halachah notes that the Ra'avad's views are shared by the Rashba, Rabbenu Asher, and many others. Hence, he suggests that it be followed.
|
| 7. |
I.e., 5000 square cubits.
|
| 8. |
I.e., there is no difference between it and an ordinary private domain.
|
| 9. |
Because of its size, and the fact that it was not enclosed for the purpose of habitation, our Sages feared that it might become confused with a private domain. Hence, they applied more stringent rules. (See Hilchot Shabbat, Chapter 16.)
|
| 10. |
From the Rambam's wording in Hilchot Shabbat 27:4, the Maggid Mishneh infers that if the person stands within a large private domain that was not enclosed for the purpose of habitation on Friday and establishes it as his "Sabbath place," he may walk throughout its entire area and two thousand cubits in all directions. This opinion is not accepted by the Rashba and other authorities, and it is their view that is cited by the Shulchan Aruch 396:2.
|
| 11. |
Based on their interpretation of Eruvin 49b, the Ra'avad, the Rashba, Rabbenu Asher, and others differ with the Rambam's ruling in this instance. Rather than totally ignore the person's intent, these authorities maintain that he is allowed to consider the distant location as his "Sabbath place." There is, however, a restriction. Since he did not specify his place, he is penalized according to the size of the location.
To cite the example mentioned in the following halachah: a person desires to establish a tree as his "Sabbath place." He does not specify his place and there are 20 cubits under the tree. According to the Rambam, his intent is ignored entirely, and his Sabbath limits are measured from the place where he is standing at nightfall. According to the other authorities, his "Sabbath place" is considered to be the tree, and it is from there that his Sabbath limits are measured. Nevertheless, because he did not specify his desired location, instead of being granted two thousand cubits in all directions, he is granted only 1980 cubits [i.e., 2000 minus 20 (the size of the area under the tree)].
The Shulchan Aruch (Orach Chayim 409:11) mentions both views, but appears to favor that of the other authorities. The Eliyahu Rabba states that the view of the other authorities should be followed. The Be'ur Halachah, by contrast, states that consideration should also be given to the Rambam's view.
|
| 12. |
We are not concerned with which of the eight cubits the person will use while under the tree, for all these eight cubits are within the person's Sabbath limits. The question is which four of these eight cubits will be considered to be one's "Sabbath place" regarding the determination of the Sabbath limits. For this, the precise determination of one's "Sabbath place" is the matter of focus (See the Rambam's Commentary on the Mishnah, Eruvin 4:7.)
|
| 13. |
I.e., regardless of the side from which one measures the two thousand cubits of the Sabbath limits, a portion of the four cubits that a person is granted will be included in the four cubits from which the Sabbath limits are measured. This must be so, for there are less than eight cubits under the tree (ibid.).
|
| 14. |
See Halachah 2. However, Rashi (Eruvin 52a), Rabbenu Yehonatan, the Rashba and many other authorities maintain that the leniency mentioned in Halachah 2 applies only when a person is on a journey, but not when the entire purpose for his setting out is to deposit an eruv. Their views are cited in the Mishnah Berurah 410:2.
|
| 15. |
Halachah 2.
|
| 16. |
Eruvin 52a relates that Rav Yehudah bar Ishtata brought Rav Natan bar Oshaya a basket of fruit for the Sabbath. Although it was late on Friday afternoon, Rav Yehudah turned to leave so that he could establish an eruv t'chumin to enable himself to return home on the following day. Rav Natan let him descend a single step and then told him to stay.
|
| 17. |
Rashi (Eruvin 52a) and other authorities differ, and state that this leniency applies only when a person has two homes whose Sabbath limits are adjoining. In this instance, it is clear that even though a colleague prevailed upon him to return, his intent was to establish his "Sabbath place" at the desired location so that he could proceed to his other home.
When, however, a person does not own a home in the adjoining area, and a colleague is able to prevail upon him to return, he is not able to establish a "Sabbath place" in a distant location, unless he makes an explicit statement to that effect. The Shulchan Aruch (Orach Chayim 410:2) quotes the Rambam's view, while the Mishnah Berurah 410:7 mentions the other opinions.
|
| 18. |
This applies even if during beyn hash'mashot they are at the homes of their hosts (Mishnah Berurah 409:39).
|
Shemita - Chapter 6
Halacha 1
We may not use the produce of the Sabbatical year for commercial activity.1 If one desires to sell a small amount2 of the produce of the Sabbatical year, he may.3 The money he receives [in return] has the same status as the produce of the Sabbatical year. He should use it to purchase food4 and eat that food according to the restrictions of the holiness of the Sabbatical year.5 The produce that was sold retains the holiness it possessed previously.6
Halacha 2
[In the Sabbatical year,] one should not reap vegetables from a field7 and sell them, nor should one charge a fee for dyeing with shells [from produce] of the Sabbatical year, because this is using the produce of the Sabbatical year for commercial activity.8 If one reaped vegetables to partake of them and some were left over, he may sell the remainder.9 The proceeds are considered as the produce of the Sabbatical year. Similarly, if a person reaped vegetables for himself and his son or grandson took some of them and sold them, [the sale] is permitted10 and the proceeds are considered as the produce of the Sabbatical year.
Halacha 3
When the produce of the Sabbatical year is sold, it should not be sold by measure, nor by weight, nor by number, so that it will not appear that one is selling produce in the Sabbatical year. Instead, one should sell a small amount by estimation to make it known that [the produce] is ownerless.11 And the proceeds of the sale should be used to purchase other food.
Halacha 4
One may package those entities that are usually packaged to bring home to sell in the market by estimation in the manner that one packages produce to bring home,12 not like one packages it for the market13 so that one will not sell in constrained manner. Produce that is packaged only for the market place should not be packaged.
Halacha 5
Produce from the Diaspora which were brought into Eretz Yisrael should not be sold by measure, nor by weight, nor by number. Instead, they should be sold by estimation like the produce of Eretz Yisrael.14 If it was obvious that it was produce from the Diaspora, it is permitted [to sell it in the ordinary manner].
Halacha 6
There is a stringency that applies to the produce of the Sabbatical year and not to articles consecrated [to the Temple]. When one redeems consecrated articles, the consecrated article loses its sacred status and that status is conveyed to the money.15 This is not so with regard to the produce of the Sabbatical year. When one sells the produce of the Sabbatical year, the status of the produce is conveyed to the money.16 The produce itself, however, does not lose its status and it is not considered as produce of the other years. [This is derived from] the use of the word tihiyeh17 [in the command regarding the produce of the Sabbatical year. That term implies that the produce] will be in its state at all times. And since the produce of the Sabbatical year is described18as "holy," its status is conveyed to the money paid for it.19 Thus the final [object purchased]20receives the status of the Sabbatical year and [the status of] the produce itself remains as before.
Halacha 7
What is implied? A person purchased meat with the produce of the Sabbatical year or the proceeds from its sale. The meat is given the status of that produce and must be eaten [as befits the holiness of] the produce of the Sabbatical year. And one must rid oneself of it when one one must rid oneself of that produce.21 If one used that meat or the proceeds from its sale to purchase fish, the meat is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the fish. If one used that fish or the proceeds from its sale to purchase oil, the fish is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the oil. If one used that oil or the proceeds from its sale to purchase honey, the oil is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed to the honey. One must rid oneself of the original fruit and the honey as one must rid oneself of the produce of the Sabbatical year. Neither of them may be used to make a compress, nor may they be ruined, as is the rule with regard to the produce of the Sabbatical year.
Halacha 8
The holiness of the produce of the Sababtical year may be transferred only through a sale. When does this apply? With regard to the original produce. With regard to the produce received [in exchange for that produce], its holiness can be transferred through a sale or through a process of transfer.22
Halacha 9
When one is transferring the holiness of produce that was exchanged [for produce of the Sabbatical year], one may not transfer it to a domesticated animal, fowl, or beast, that is alive,23 lest they be left alive and one raise herds [of animals imbued with the holiness of the Sabbatical year]. Needless to say, this24 applies with the produce of the Sabbatical year itself. One may, however, transfer the holiness of this produce to animals that have been slaughtered.25
Halacha 10
Money received for produce of the Sabbatical year may not be used to pay a debt.26 Nor may one use it to repay shushbinut27 or return a favor.28 One should not use it to pay a pledge of charity for the poor in the synagogue.29One may, however, send it for purposes associated with the acts of kindness,30but one must notify the recipients.31
Similarly, it may not be used to purchase servants, landed property, or a non-kosher animal.32 If it was used for those purposes, one should purchase ordinary food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year],33 as was explained with regard to the second tithes.34One may not purchase pairs of doves for [the sacrifices of] zavim, zavot, or women after childbirth,35 or sin-offerings or guilt offerings.36 If he purchased [these offerings with these funds], he should purchase food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year]. One should not apply oil from the Sabbatical year to utensils or hides.37 If one did so, one should purchase food with a commensurate sum and partake of it38 [as befits the holiness of the Sabbatical year].
Halacha 11
[This money] should not be given to a bathhouse attendant, a blood-letter,39 a person who sails a boat, or another craftsman.40 He may, however, give them to a person who draws water from a well to provide him with drinking water.41 It is permitted to given the produce of the Sabbatical year or money received in return for it to a craftsman as a present.42
Halacha 12
When a person tells a worker: "Here is an isar.43 Gather vegetables44 for me today," his wage is permitted. It is not considered as money received in return for produce of the Sabbatical year. Instead, he may use it for whatever he desires.45The worker was not penalized46 in that his wage would be considered as money received for the produce of the Sabbatical year. If he told him: "Gather a vegetable for me today for it," [his wage] is considered as money received in return for produce of the Sabbatical year.47He may use it only for eating and drinking like the produce of the Sabbatical year.
Halacha 13
When donkey-drivers perform work with the produce of the Sabbatical year that is forbidden - e.g., they bring more than the [minimal amount] of produce48 - their wages are considered as money received in return for produce of the Sabbatical year.49 This is a penalty imposed upon them.
Why was a penalty imposed on the wages of a donkey-driver and not on the wages of a hired worker? Because the latter receives a minimal wage. Hence, he was not penalized so that [he could earn] his livelihood.
Halacha 14
When a person purchases a loaf of bread from a baker for a pundiyon,50 and tells him: "When I harvest vegetables [grown in the Saabatical year] from the field, I will bring them to you for it."51 this is permitted.52 The loaf of bread is considered as the produce of the Sabbatical year.53 If he purchases the loaf without making any qualifications,54 he should not pay him with money received for the produce of the Sabbatical year, because one should not use that money to pay debts.55
Halacha 15
One may partake of the produce of the Sabbatical year [in expectation56 that the recipient will return] the favor and when there are no such expectations.57What is implied [by the idea of eating in expectation of the return of the favor]? One may give a colleague the produce of the Sabbatical year as if he had already performed a favor for him58 or invite him into his garden to eat as one who performed a favor for him.
When a person was given the produce of the Sabbatical year as a present or he inherited it, he should partake of it in the same manner as if he gathered this produce from the field himself.59
| FOOTNOTES | |
| 1. |
Avodah Zarah 62a derives this insight from the exegesis of Leviticus 25:7. The fact that the Rambam does not mention that prooftext here has raised a question among the commentaries: Does he consider the prohibition against using the produce of the Sabbatical year as merchandise as Scriptural or Rabbinic in origin?
|
| 2. |
Enough for three meals (Kessef Mishneh).
|
| 3. |
For selling a small amount is not considered as using the produce as merchandise.
|
| 4. |
For humans (see Chapter 5, Halachah 12).
|
| 5. |
Sukkah 40b derives this from the exegesis of Leviticus 25:12: "It shall be holy for you." Just as the sanctity of articles that are "holy," consecrated to the Temple, is transferred to the money received for them, so too, the holiness of the produce of the Sabbatical year is transferred to the money received for it.
|
| 6. |
See Halachot 6-7.
|
| 7. |
These refer to vegetables that grow under the circumstances described in Chapter 4, Halachah 4, or the like. Otherwise, the vegetables would be forbidden as sifichin. See the gloss of the Kessef Mishneh to Halachah 12.
|
| 8. |
This is forbidden even if one intends to use the proceeds to purchase food which he will eat according to the requirements of the holiness of the Sabbatical year [the Rambam's Commentary to the Mishnah (Shivi'it 7:3)].
|
| 9. |
For it is obvious that he gathered the vegetables for his own personal use.
|
| 10. |
Since the person who reaped the produce was not the one who sold it, there is no prohibition involved (Radbaz).
|
| 11. |
The Radbaz states that one should also sell the produce at a lower price than usual.
|
| 12. |
When a person packages produce to take home from his field, he is not precise with regard to the amount he takes.
|
| 13. |
When a person packages produce to sell in the marketplace, he is careful to package an exact amount, so that the sale will be honest.
The Ra'avad differs with the Rambam's ruling, maintaining that as long as the type of produce is packaged to bring home, it can be packaged for sale. The Radbaz and the Kessef Mishnehsupport the Rambam's interpretation, explaining that when produce is packaged for sale, it is possible for an onlooker to appreciate that this is the intent from the way that it is packaged.
|
| 14. |
For an onlooker will not understand that the produce is from the Diaspora and will think that the produce of the Sabbatical year is being sold in an ordinary manner.
|
| 15. |
See Hilchot Arachin 6:4.
|
| 16. |
And it must be used to purchase food which will be eaten with the stringencies befitting the holiness of the produce of the Sabbatical year.
|
| 17. |
Leviticus 25:12. See the Sifra to this verse.
|
| 18. |
Leviticus 25:12. See the Sifra to this verse.
|
| 19. |
As is true with regard to the money used to redeem consecrated objects.
|
| 20. |
I.e., the food to be eaten; see the following halachah, for an explanation.
|
| 21. |
See Chapter 7, Halachah 1, which speaks about this subject.
|
| 22. |
I.e., one says: "The holiness of this produce is transferred to this other produce."
|
| 23. |
Note the parallel to Hilchot Ma'aser Sheni 4:6. There it is stated that if one makes such a transfer, it is not effective. The commentaries state that the same law applies in the present instance.
|
| 24. |
That the holiness may not be transferred to a living animal.
|
| 25. |
For the abovementioned difficulty does not apply.
|
| 26. |
This is considered similar to using it to purchase merchandise.
|
| 27. |
Shushbinut refers to a custom where a person sends money to a friend as a present at the time of the friend's wedding. Afterwards, when the person himself marries, his friend is expected to send a similar sum to him as a present. The money is considered as a debt and if he fails to so, he can be sued in court. See Hilchot Zechiyah UMatanah, ch. 7.
|
| 28. |
I.e., the person once lent him money. He may not use money received in return for the produce of the Sabbatical year to offer that person a loan (Radbaz, Hilchot Matanot Aniyim 6:17).
|
| 29. |
Since the person pledged money, satisfying his obligation with the produce of the Sabbatical year is comparable to using it to pay a debt.
|
| 30. |
I.e., providing that person with the meal of comfort at the time of bereavement (ibid.).
|
| 31. |
So that they treat it with the appropriate holiness and rid themselves of it when required. Also, the recipient will realize that he need not be overly grateful, for he was not given produce of full value.
|
| 32. |
For as mentioned above, such money may only be used for the purchase of food.
|
| 33. |
Our translation is taken from the Rambam's Commentary to the Mishnah (Shivi'it 8:8).
|
| 34. |
See Hilchot Ma'aser Sheni 7:17.
|
| 35. |
As explained in Hilchot Mechusrei Kapparah, ch. 1, these individuals are required to bring pairs of doves as part of their sacrifices to emerge from impurity.
|
| 36. |
In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam explains that money from the second tithes - and thus by extension, money from the Sabbatical year - may not be used for these sacrifices, for they are not eaten by their owners.
|
| 37. |
For then, he is not receiving direct physical benefit from the oil. See Chapter 5, Halachah 7.
|
| 38. |
But not use it for smearing. See Chapter 5, Halachah 12, and notes.
|
| 39. |
Our translation is taken from the Rambam's Commentary to the Mishnah (Kilayim 9:3).
|
| 40. |
For, as stated, above, they may not be used for a purpose other than food.
|
| 41. |
For that is like using the money to purchase drinking water [the Rambam's Commentary to the Mishnah (Shivi'it 8:5)]. He may not, however, give it to him to draw water for other purposes (Radbaz).
|
| 42. |
Even though the craftsman will be receiving a present and will return the favor to the person in some way, that is permitted. See Halachah 15 and notes.
|
| 43. |
A coin of small value used in the Talmudic period. In his Commentary to the Mishnah (Shivi'it 8:4), the Rambam states that this was the cost of inexpensive vegetables in the Talmudic era.
|
| 44. |
This refers to vegetables that grow in the manner described in Chapter 6, Halachah 4 (Kessef Mishneh).
|
| 45. |
I.e., it is not restricted to being used for eating or drinking as is money received in return for produce of the Sabbatical year.
|
| 46. |
See the rationale given in the following halachah.
|
| 47. |
The wording used by the employer clearly establishes such a connection. As the Radbaz explains, in the first instance, it appears that he is hiring him to work that day. In the second instance, it appears that he is hiring him to reap vegetables.
|
| 48. |
While it is permitted to bring a small amount of produce in the Sabbatical year from the fields as stated in Chapter 4, Halachah 24, these donkey-drivers brought oversized loads as they would do in other years.
|
| 49. |
And may only be used for food and drink. This stringency applies even if their employer hired them using wording that would be permitted when hiring a worker.
|
| 50. |
A coin of the Talmudic period that was twice the worth of an isar.
|
| 51. |
I.e., rather than pay him now, he promises that he will pay him in the future by bringing him vegetables.
|
| 52. |
The purchaser is not considered to be paying a debt with the produce from the Sabbatical year. Instead, since at the time he took the loaf of bread, he already stipulated that the exchange would be made, this is considered as an exchange for the produce of the Sabbatical year, which is permitted [the Rambam's Commentary to the Mishnah (Shivi'it 8:4)].
The commentaries explain that this concept is alluded to by the Rambam's addition of the word bo, meaning "for it." This implies that the purchaser is clearly stipulating that he is making an exchange.
|
| 53. |
For it was received in exchange for produce of the Sabbatical year.
|
| 54. |
And does not pay him immediately.
|
| 55. |
As stated in Halachah 10. This applies even to debts incurred from purchasing food.
|
| 56. |
Or even in return for having perfomed a favor.
|
| 57. |
The Rambam is adding this point, to emphasize that we do not follow the opinion of Rabbi Yehudah who maintains that the School of Hillel permitted a person to partake of the produce of the Sabbatical year that belongs to a colleague only in expectation of favors (see Ediyot 5:1). Rabbi Yehudah's rationale is that it is not desirable for any person to have free access to a colleague's field and enter it at all times.
|
| 58. |
In his Commentary to the Mishnah (Shivi'it 4:1), the Rambam explains that the person tells a colleague: "Reap in my field and then I will reap in your field."
|
| 59. |
There is a difference of opinion regarding this issue in Shivi'it 9:9 and the Rambam's ruling does not follow either of the views mentioned there. Nevertheless, it can be explained that the mishnah is speaking according to Rabbi Eliezer's perspective and Rabbi Eliezer follows the opinion of the School of Shammai. The Rambam's ruling reflects the position that would be given by the School of Hillel, whose opinion is accepted as halachah.
|
Shemita - Chapter 7
Halacha 1
We may only partake of the produce of the Sabbatical year as long as that species is found in the field. [This is derived from Leviticus 25:7]: "For the animal and the beast in your land will be all the produce to eat." [Implied1 is that] as long as a beast2 [can be] eating from this species in the field, one may eat from [what he has collected] at home. When there is no longer any [of that species] for the beast to eat in the field, one is obligated to remove that species from his home. This is the obligation of biyur which applies to the produce of the Sabbatical year.
Halacha 2
What is implied? If a person has dried figs at home, he may partake of them as long as there are figs on the trees in the field. When there are no longer figs in the field, it is forbidden for him to partake of the figs he has at home and he must instead remove them.3
Halacha 3
If he had a large amount of produce, he should distribute4 a quantity that can be eaten in three meals to every person [he desires]. It is forbidden - both for the rich and the poor5 - to partake of it after the time of biyur. If he is not able to find people to eat at the time of biyur, he should burn it with fire or cast it into Mediterranean Sea,6 or destroy it through any other means.7
Halacha 4
If one had raisins from the Sabbatical year and there were no longer any grapes left in the fields,8 the gardens, and the orchards which are ownerless,9even though there are still grapes on the vines in the courtyards, he may not partake of the raisins because of the grapes in the courtyard, because they are not accessible to a wild beast.10 If, however, there are very firm grapes that do not mature until the end of the year [still growing in the field], one may partake of the raisins [he has stored] because of them. Similar laws apply in all analogous instances.
Halacha 5
When a tree produces fruit twice a year and one still possesses fruit from its first crop, he may partake of it as long as the second crop is still in the field. For [the requirement that] this species be [available] in the field [is met]. We do not, however, [continue to] partake [of stored fruit] because of fruit that grows in the fall,11 because it is considered as the produce of a different year.
Halacha 6
When a person pickles three types of produce in one barrel, if one of these types of produce is no longer available in the field, that type of produce should be removed from the barrel.12 If he began partaking of [the pickled produce], the entire [mixture] is considered as having been removed.13
Just as one is obligated to remove food [stored for] human consumption, so too, must he remove animal fodder from his home and he may no longer feed it to an animal if that type of produce is no longer available in the field.14
Halacha 7
Just as one must remove the produce of the Sabbatical year, so too, one must remove the money [received in exchange for it].15 What is implied? One sold pomegranates of the Sabbatical year and used the money received in return for them [to purchase] food. When there are no longer any pomegranates on the trees in the field, but he remains in possession of the money he received for selling them, he is obligated to remove it from his possession.
Halacha 8
What should he do? He should purchase food with this money and distribute it, [providing] three meals to every person [he desires].16 Alternatively, if he does not find people to partake of such food, he should cast the money into the Mediterranean Sea.
Halacha 9
[Eretz Yisrael is divided into] three lands [with regard to the obligation of]biyur:17
a) the entire land of Yehudah, its mountainous portion, its plain, and its valley, is all one region.18
b) the entire [West] Bank of the Jordan,19 [including] the plain of Lod, the mountains [around] the plain of Lod, [the area of] Beit Choron, with the sea, is all one region; and
c) the entire Galilee, the upper [Galilee], the lower [Galilee], and the area of Tiberias, is one region. In each of these three regions, one may partake [of a species of produce stored at home] until the last [traces of that produce] cease [to exist in the entire region's fields].
Halacha 10
What is implied? If one possesses produce in the land of Yehudah, one may partake of it as long as this species is found [in the fields of] the entire land of Yehudah.20Similar laws apply if he possesses produce from the Galilee or from the [West] Bank of the Jordan.
Halacha 11
These three regions are considered as one entity with regard to carobs, olives, and dates.21 One may eat dates [throughout Eretz Yisrael] until the last dates are no longer available in Tzo'ar.22 From when are they no longer available? Purim. We may eat olives until Shavuot and grapes until Pesach of the eighth year. Dried figs may be eaten until Chanukah.23
Halacha 12
When a person transports produce of the Sabbatical year from a region in which it is no longer available [in the field] to a region where it is available, or from a region where it is available to a region in which it is no longer available, he is obligated in biyur. [The rationale is that] we place upon him the stringencies of the place from which he departed and those of the place to which he journeyed.24
When the produce of Eretz Yisrael has been brought to the Diaspora, it should be destroyed in its place.25 It should not be transported from one place to another.
Halacha 13
A great general principle was stated with regard to [the produce of] the Sabbatical year: Whenever [produce] is [used as] food for humans, animal fodder, or as one of the dyes, if it will not be maintained in the earth, the laws of the Sabbatical year apply to it and to money received for it and the requirements of biyur apply to it26 and to money received for it, e.g., the leaves of wild onions, mint, and endives, are considered as food for humans, brambles and thorn are considered as animal fodder, and woad27 and safflower are considered as dyes. If the species is maintained in the earth, e.g., madder28and dyer's rocket from the dyes,29 even though the laws of the Sabbatical year apply to it and to money received for it. The requirements of biyur do not apply to it or to money received for it, because it is maintained in the earth.30 Instead, one may benefit from it and use it as dye until Rosh HaShanah.31
Halacha 14
Whenever a plant is not set aside to be [used as] food for humans, animal fodder, or as one of the dyes, since it is not used as kindling fuel,32 the laws of the Sabbatical year apply to it and to money received for it,33 but the requirements of biyur do not apply to it34 or to those monies. [This applies] even if it will not be maintained in the earth. Instead, we may benefit from it and the money received for it until Rosh HaShanah.35 Examples [of this category include] the roots of wild onions and mint and the scorpion-like herb.
Halacha 15
The laws of the Sabbatical year apply to the peels and the buds of pomegranates, the shells of nuts,36 and the seeds [of other fruits] and to the money received for them,37 but the requirements of biyur do not apply to them or to those monies.
The laws of the Sabbatical year apply to the tips of the branches of grape vines38 and carob trees and to the money received for them, as do the requirements of biyur.39 The laws of the Sabbatical year apply to the tips of the branches of the evergreen oak, the pistachio tree, and the box thorn bush40and to the money received for them, but the requirements of biyur do not apply to them.41 The requirement of biyur does apply to their leaves.42
Halacha 16
When is the time for biyur? For leaves, it is when they wither and fall from the tree.43 The leaves of olive trees, reeds, and carob trees do not have a time ofbiyur, because they never wither and fall away.
Halacha 17
Halacha 18
Halacha 19
The laws of the Sabbatical year apply to roses, cloves, and chestnuts and to the money received for them.51 The laws of the Sabbatical year do not apply to balsam sap that flows from trees, from their leaves, and their roots.52 They do apply to [sap] that flows from underdeveloped berries53 and the money received for it.
Halacha 20
When does the above apply? When the tree produces edible fruit. If, however, the tree is not fruitbearing, the sap that flows from its leaves and roots is considered as its fruit54 and the laws of the Sabbatical year apply to it and to the money received for it.
Halacha 21
When a person pickles a rose from the Sabbatical year in the oil of the sixth year, he may gather the rose55 and it is permitted [to use] the oil [in an ordinary manner].56 If he pickles [a rose] in the oil of the eighth year,57 he is obligated to perform biyur with the oil. [The rationale is] at that time, the rose is dry and the obligation of biyur has already fallen upon it.
Halacha 22
When carobs of the Sabbatical year were left to soak in the wine of the sixth year or in the wine of the eighth year, biyur must be performed with the wine, because it has absorbed the flavor of the produce of the Sabbatical year.58 This is the general principle: When the produce of the Sabbatical year becomes mixed with other produce of the same species,59 even the slightest amount [causes the entire mixture to be considered as the produce of the Sabbatical year]. When it becomes mixed with other species, [the ruling depends on whether it has] imparted its flavor [or not].60
| FOOTNOTES | |
| 1. |
See the Sifra to that verse.
From the fact that a verse from the Torah is brought as support, the Minchat Chinuch concludes that the obligation of biyur is of Scriptural origin. The P'nei Yehoshua (Pesachim 52b), however, maintains that the verse is merely an asmachta, a support brought by the Rabbis for their own ordinance, and in truth, the obligation is Rabbinic. He supports this thesis by the fact that, otherwise, it would have been appropriate for the Rambam to consider the obligation as one of the mitzvot.
|
| 2. |
I.e., a wild animal which you are not obligated to feed. See the Rambam's Commentary to the Mishnah (Shivi'it 9:2).
|
| 3. |
As the Rambam states in the following halachah.
|
| 4. |
On the day of the biyur.
|
| 5. |
There is a difference of opinion concerning this matter in the mishnah (Sh'vi'it 5:3, 9:8).
|
| 6. |
This is how the Rambam [in the conclusion of his Commentary to the Mishnah, et al], interprets the phrase yam hamelech. See also Hilchot Ma'aser Sheni 2:2. Others interpret it as referring to the Dead Sea. In his Commentary to the Mishnah (Sh'vi'it 9:2), he mentions only casting the produce into the sea.
|
| 7. |
Thus the Rambam interprets the word biyur as meaning "destruction." After the time of biyur, the produce must be destroyed. The Ramban (in his commentary to the Torah) and other Rishonim, however, interpret it as "removal" and maintain that after the biyur, all that is necessary is to renounce one's ownership over the produce and thus remove it from one's domain. Rav Yosef Corcus states that this view can be relied upon in the present era and, indeed, this is the practice in Eretz Yisrael today.
|
| 8. |
In a later addition to his Commentary to the Mishnah (Sh'vi'it 9:4; see Rav Kappach's notes), the Rambam states that fields within a city are considered like gardens. Here he is speaking of those in the outlying areas.
|
| 9. |
I.e., regarded as ownerless in the Sabbatical year.
|
| 10. |
I.e., a homeowner will not leave his courtyard open so that a wild beast can enter it at will. (He must, however, regard even the produce growing in his courtyard as ownerless and allow another person to enter and pick it.)
|
| 11. |
Since this fruit grows in the rainy season, which begins well after Rosh HaShanah, it is considered as the produce of the eighth year and not of the Sabbatical year.
|
| 12. |
And eaten or destroyed, as stated in Halachah 3. He is not, however, obligated to remove the other two types of produce. Although the one type of produce that is now forbidden has imparted its flavor to the other two types, that does not cause them to be forbidden.
|
| 13. |
Our translation is based on the interpretation of Mareh HaPonim (a gloss to the Jerusalem Talmud, Sh'vi'it 9:5). He explains that once a jar of pickled vegetables were opened (in pre-refrigeration eras), the vegetables would spoil rapidly. Hence, it is considered as if the entire batch was already removed from his possession.
|
| 14. |
In this context, there is no difference between the laws applying to food for humans and animal fodder.
|
| 15. |
For as stated in Chapter 6, Halachah 6, the holiness of the produce is transferred to the money received for it.
|
| 16. |
As above, these activities should be performed on the day the obligation of biyur takes place. The Radbaz explains that the person is required to purchase food with the money. It is not sufficient for him to distribute the money itself and tell the recipients to purchase food, for perhaps they will fail to do so.
|
| 17. |
I.e., as the Rambam proceeds to explain, Eretz Yisrael is not considered a single entity with regard to this obligation, for different conditions apply in each of the three regions. Each of those regions individually, however, is considered as a single integral entity although different conditions apply in each of its districts.
|
| 18. |
I.e., this region - as well as the other two - is subdivided into three districts.
|
| 19. |
The term Ever HaYarden, literally Trans-Jordan, is most commonly used to refer to the areas on the Eastern bank of the Jordan, as mentioned at the conclusion of the Book of Numbers, throughout the Book of Deuteronomy, and in many places throughout the Mishnah. There are many authorities (among them, Rabbenu Shimshon and Rabbenu Tam) who therefore consider that as the proper interpretation in this instance as well. In this instance, however, the Rambam understands the term differently. His view is accepted by Rabbenu Asher, Rav Ovadiah of Bartenura, and explained by Kaftor UPerach. See also the gloss of Rav Akiva Eiger.
|
| 20. |
Even if it is no longer available in the particular district in which one is located. See Sh'vi'it 9:2-3.
|
| 21. |
And one may eat these species in one region even though they are no longer available in that entire region, as long as they are available in other portions of Eretz Yisrael. Among the reasons given for the distinction between these species and other fruits is that there is little difference between the times these fruits grow in one region of Eretz Yisrael and another. Also, these species remain on the tree after they have ripened for longer than most fruits. Hence, there is added reason for seeking a common date.
|
| 22. |
A village near Jericho, a region renown for its dates. They grow there later than in other places inEretz Yisrael.
|
| 23. |
The commentaries have questioned the Rambam's statements with regard to figs and grapes, for they imply that there is a universal time for the biyur of these species and yet they are not mentioned together with the three species at the beginning of the halachah. The Radbaz resolves this question by saying that the dates mentioned by the Rambam are the latest applicable in all of the three regions.
|
| 24. |
This is a general principle applied in several different contexts in Torah law to maintain unity within the Jewish community; see Hilchot Sh'vitat Yom Tov 8:20. With regard to the matter at hand, since the obligation of biyur has already taken effect in one of these regions, he is obligated to observe it.
|
| 25. |
I.e., it need not be brought back to Eretz Yisrael to be destroyed there as required by one opinion in Sh'vi'it 6:5. As stated in Chapter 5, Halachah 13, as an initial preference, the produce of the Sabbatical year should not be brought to the Diaspora.
|
| 26. |
For it is maintained in the earth only for a specific time.
|
| 27. |
Which produces a bluish dye.
|
| 28. |
Which produces a red dye.
|
| 29. |
The Rambam does not mention food for human's or animal fodder, for all species of these types of produce reach a point where they are no longer available in the field and the obligation of biyurtakes effect at that time.
|
| 30. |
And thus is continually available to an animal.
|
| 31. |
I.e., until the end of the Sabbatical year. Some commentaries maintain that the text should read "after Rosh HaShanah," for the plants that grew in the Sabbatical year will continue growing into the eighth year. In his Commentary to the Mishnah (Sh'vi'it 7:2), the Rambam states: "We continue to use them and benefit from them until they cease [growing in the field]." The Radbaz follows this understanding, but maintains that after Rosh HaShanah, these plants should be declared ownerless. That fulfills the requirement of biyur with regard to them.
|
| 32. |
The laws of the Sabbatical year do not apply to kindling fuel, as stated in Chapter 5, Halachah 21.
|
| 33. |
Since a person has chosen to benefit from it, he must treat it as the produce of the Sabbatical year.
|
| 34. |
Since it is not considered as food or animal fodder, there is no limit until when it would normally be used.
|
| 35. |
The Rambam does not mention food for human's or animal fodder, for all species of these types of produce reach a point where they are no longer available in the field and the obligation of biyurtakes effect at that time.
|
| 36. |
The Radbaz maintains that this refers to the inner shell which is useful as a dye. The hard outer shell, by contrast, is useful only for kindling and the laws of the Sabbatical year do not apply to it.
|
| 37. |
For they are useful as dyes (Radbaz).
|
| 38. |
When these branches are soft, they are occasionally cut off, pickled, and served as food [the Rambam's Commentary to the Mishnah (Sh'vi'it 7:5)].
|
| 39. |
The requirements of biyur apply, because the tips of these branches will ultimately fall from the tree (Radbaz).
|
| 40. |
Apparently, these branches are also pickled on occasion.
|
| 41. |
From the Rambam's Commentary to the Mishnah (ibid.), it would appear that the rationale is that these branches continue growing on the tree.
|
| 42. |
Because they fall from the branches and thus are not maintained in the earth (ibid.).
|
| 43. |
For at this point, they are no longer accessible to an animal in the field.
|
| 44. |
Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 3:1)]. There he explains that although matok, the name the Mishnah uses, means "sweet," this fruit has a bitter taste and that term is used as a euphemism. Some have identified this species with the colocynth, a wild gourd with a very bitter flavor. The Radbaz identifies it with a bitter species of grass.
|
| 45. |
When these gourds have dried, fresh grass will no longer be available in the field for animals.
|
| 46. |
For animal fodder.
|
| 47. |
For the rains will spoil the grasses and they will no longer be available in the fields (Radbaz). In his Commentary to the Mishnah (Sh'vi'it 9:6), the Rambam explains that these rains usually come between the seventeenth of MarCheshvan and the first of Kislev.
|
| 48. |
Or for that matter the rich, for everyone is allowed to gather the fruit of the Sabbatical year (Radbaz).
|
| 49. |
In his Commentary to the Mishnah (Sh'vi'it 9:7), the Rambam explains that this concept also applies to the poor gathering the presents of leket, shichachah, and pe'ah in other years.
|
| 50. |
From this point on, there are no longer fruits available in the fields.
|
| 51. |
For these are all considered as fruit.
|
| 52. |
Because this sap does not come from the fruit of the tree, but from the tree itself.
|
| 53. |
For these are fruit.
|
| 54. |
For this is its sole product.
|
| 55. |
And treat it with the holiness of the Sabbatical year.
|
| 56. |
In his Commentary to the Mishnah (Sh'vi'it 7:7), the Rambam explains that since the oil is aged and the rose is fresh, the oil will not absorb the flavor of the rose unless it is left within it for a long time. Accordingly, the oil is considered as the produce of the sixth year.
|
| 57. |
Since the rose is aged, its flavor will be absorbed by the oil immediately (ibid.).
|
| 58. |
The wine absorbs the carobs' flavor immediately (ibid.).
|
| 59. |
E.g., the wine of the Sabbatical year with the wine of other years (ibid.).
|
| 60. |
If it has imparted its flavor to the mixture, the mixture must be treated as produce of the Sabbatical year. If it has not, those stringencies do not apply. The concept stated here is a general principle applying in other contexts. See Hilchot Ma'achalot Assurot 15:8.
|
Shemita - Chapter 8
Halacha 1
Halacha 2
These are the utensils which a craftsman is not permitted to sell in the Sabbatical year to someone who is suspect [to violate the laws of] the Sabbatical year:4 a plow and all of its accessories, a yoke [for a team of oxen], a winnowing fork, and a mattock.5 This is the general principle: Any [utensil] that is exclusively used for a type of work that is forbidden in the Sabbatical year is forbidden to be sold to a person suspect [to violate the laws of] the Sabbatical year. [If it is used for] a type of work that may be forbidden or which might be permitted, it is permitted to be sold to a person suspect [to violate the laws of] the Sabbatical year.6
Halacha 3
What is implied? He may sell him a sickle and a wagon and all of its accessories. For if he uses it to harvest a small amount of produce and he brings a small amount of produce on the wagon, it is permitted.7 If, however, he harvests in the ordinary manner of reapers or brings all the produce of his field, it is forbidden.8
Halacha 4
It is permissible to sell [a utensil] - even one which is exclusively used for tasks forbidden in the Sabbatical year - to someone who is not suspect [to violate the laws of] the Sabbatical year9 without any stipulations, because it is possible that he purchased the article in the Sabbatical year to perform work [with it] after the Sabbatical year.
Halacha 5
A potter may sell a person five jugs for oil and fifteen jugs for wine.10 It is permitted to sell a larger amount to a gentile.11 One need not suspect that perhaps he will sell them to a Jew. One may sell many jugs to a Jew in the Diaspora. One need not suspect that perhaps he will bring them to Eretz [Yisrael].12
Halacha 6
One may sell a cow that plows to a person suspect [to violate the laws of the Sabbatical year] in the Sabbatical year, because it is possible to slaughter it. One may sell such a person a field, for it is possible that he will leave it fallow.13He may not, however, sell him an orchard unless he stipulates that [the purchaser] does not have a share in the trees' [produce].14 He may lend him [a measure of] a se'ah even though he knows that he has a granary,15 because he might use it to measure in his house. And he may exchange money for him even though he knows that he has workers [employed in violation of the laws of the Sabbatical year]. In all these instances, [if the purchaser states] explicitly [that he is intending to use the article in violation of the laws of the Sabbatical year, it] is forbidden.16
Halacha 7
Halacha 8
We may encourage the gentiles [working] in the Sabbatical year, but only verbally. For example, if one sees one plowing or sowing, he should tell him: "Be strong," "Be successful," or the like, because they are not commanded to let the land rest. One may not physically assist them.19 It is permitted to remove honey from a beehive with them and one may enter a sharecropping agreement with them for land whose ground was broken [in the Sabbatical year],20 for they are not obligated to observe [these restrictions]. [Hence,] they are not penalized [for their violation].21
Halacha 9
In Syria,22 it is permitted to perform labor with produce that has been harvested,23 but not with produce that is still connected to the earth. What is implied? One may thresh produce, winnow it, squeeze grapes, and make sheaves out of grain,24but one may not harvest grain, grapes, olives, or perform any similar activities.
Halacha 10
Just as it is forbidden to engage in business transactions with the produce of the Sabbatical year25 or to store them [until after the obligation of biyur has been incurred],26 so too, it is forbidden to purchase them from a common person. [The rationale is that] we do not give even the slightest amount of money exchanged for the produce of the Sabbatical year27 to a common person, lest he not partake of [food purchased with it] in a manner that befits the holiness of the Sabbatical year.28
Halacha 11
Halacha 12
When does the above33 apply? When a person sells types of fruit that are usually protected, e.g., figs, pomegranates, or the like. If, however, he sells fruit which we could assume is ownerless, e.g., rue, amaranth, moss rose, coriander34 and the like, it is permitted to purchase from them a small amount, merely the worth of three meals. [This leniency was granted to allow] the seller to earn his livelihood.35
Halacha 13
Similarly, any species from which the tithes are not obligated to be separated, e.g., exceedingly powerful garlic, the onions of Rikpah,36 a pearled Cilcilian bean, Egyptian lentils,37 and the like, and also the seeds of plants when [the seeds] are not eaten, e.g., those of turnips, radishes, and the like, may be purchased from any person in the Sabbatical year.38
Halacha 14
When does the above apply? To an ordinary common person.39 When, however, one is suspect to carry out transactions with the produce of the Sabbatical year or to guard his produce and sell it, we may not purchase anything from him that has any connection to the Sabbatical year. [Similarly,] we may not purchase flax - even combed out flax40 - from him. One may, however, purchase [flax] that has been spun and twisted [into threads].41
Halacha 15
A person who is suspect [to sell produce of] the Sabbatical year is not necessarily considered as suspect to [sell produce of the second] tithe. [Similarly,] one who is suspect [to sell produce of the second] tithe is not necessarily considered as suspect to [to sell produce of]s of] the Sabbatical year even though they are both Scriptural commandments.42[The rationale is that each possesses a stringency which the other lacks.] The [second] tithe must be brought to [Jerusalem]43 and this does not apply with regard to [the produce of] the Sabbatical year. [Conversely, the produce of] the Sabbatical year cannot be redeemed44 and this does not apply with regard to [the produce of] the second tithe.
Halacha 16
A person who is suspect [of selling impure food as if it were] ritually pure is not suspect [to sell produce of the second] tithe or [that of] the Sabbatical year. For the impure food that was sold as being ritually pure imparts impurity to others only according to Rabbinic Law45 and one who is suspect [of causing the transgression] of Rabbinic Law is not suspect [of causing the violation] of Scriptural Law.46
Halacha 17
Whenever a person is suspect [of selling entities in violation of a prohibition], even though his word is not accepted with regard to his own property, his word is accepted with regard to [the property of] others. We operate under the assumption that a person will not violate a prohibition for the sake of others. Therefore even though a person is suspect with regard to a given [prohibition], he may judge and offer testimony regarding this matter.47
Halacha 18
Priests are considered suspect with regard to [the prohibitions of] the Sabbatical year.48 [The reason is that] they rationalize their conduct saying: Since theterumot are permitted to us even though they are forbidden to non-priests [and this violation is punishable] by death,49 certainly, the produce of the Sabbatical year is permitted to us.
Therefore when a se'ah of terumah falls into 100 se'ah of the produce of the Sabbatical year, a se'ah should be separated.50 If it fell into less than 100 se'ah, they entire mixture should be left to rot instead of being sold to priests as other produce which is miduma,51 because they are suspect to violate the prohibitions of the Sabbatical year.
Halacha 19
Halacha 20
In the Sabbatical year, the collectors of the kupah55 were not careful [to refrain from entering] the courtyards of those who partake [of the sefichin] of the Sabbatical year. If they gave a loaf of bread, it is permitted [for the poor to partake of it].56 We do not suspect that perhaps it is from the sefichin of the Sabbatical year.57For the Jews were not suspect to give [the produce of the Sabbatical year to charity], only money received for the produce of the Sabbatical year or eggs which were purchased with money received for the produce of the Sabbatical year.58
| FOOTNOTES | |
| 1. |
As stated in Chapter 1.
|
| 2. |
They should not be given verbal encouragement. Needless to say, they should not be given assistance. Compare to Halachah 8.
|
| 3. |
In this context, the Rambam writes in his Commentary to the Mishnah (Sh'vi'it 5:6):
|
| 4. |
One may, however, sell these utensils to someone who is not suspect of violating the laws of the Sabbatical year, as stated in Halachah 4.
|
| 5. |
A long pronged tool.
|
| 6. |
As long as there is a possibility that the person will use it for a permitted purpose, we assume that this is his intent (Avodah Zarah 15b).
|
| 7. |
See Chapter 4, Halachot 1, 24.
|
| 8. |
See Chapter 4, Halachot 1, 24.
|
| 9. |
The person does not have to establish a reputation as an observer of the Sabbatical year. As long as he is not known to violate its laws, one may sell to him.
|
| 10. |
For these are the amounts each person is permitted to store (Chapter 4, Halachah 24).
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| 11. |
Even in Eretz Yisrael (Sh'vi'it 5:7).
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| 12. |
To sell there. In both these instances, since it is possible that the Sabbatical laws will not be broken, we do not suspect that they will [the Rambam's Commentary to the Mishnah (Sh'vi'it 5:7)].
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| 13. |
As an agricultural measure, without considering the holiness of the Sabbatical year.
|
| 14. |
For otherwise, the person will certainly violate the laws of the Sabbatical year, by harvesting all the fruit of the orchard.
|
| 15. |
Where he could measure the produce of the Sabbatical year. As mentioned in Chapter 6, Halachah 3, one should not measure the produce of the Sabbatical year. Even when selling it, one should sell it by estimation.
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| 16. |
For then his actions would obviously be considering as rendering assistance to the violation of the laws of the Sabbatical year.
|
| 17. |
The Mishnah (Sh'vi'it 5:9) states that these leniencies are granted only "because of darchei shalom ('the paths of peace')," i.e., to establish unity and brotherhood among the Jewish people.
|
| 18. |
For it is logical to assume that the other woman would be using the produce of the Sabbatical year and working with her would be considered as encouragement.
|
| 19. |
Even in a matter that does not involve the violation of the laws of the Sabbatical year.
|
| 20. |
And thus the Jew will receive some benefit from the work performed by the gentile in the Sabbatical year.
|
| 21. |
If, by contrast, a Jew breaks the ground of his field in the Sabbatical year, it is forbidden to hire his field from him, as stated in Chapter 1, Halachah 13.
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| 22. |
Which is not part of Eretz Yisrael and hence, is not covered by the Scriptural prohibitions against work in the Sabbatical year, but where working the land in that year was forbidden by the Rabbis, as stated in Chapter 4, Halachah 27.
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| 23. |
Even though the produce was grown in the Sabbatical year.
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| 24. |
For all of these activities are permitted even in Eretz Yisrael according to Scriptural Law, it is only Rabbinic Law that prohibits them.
|
| 25. |
Chapter 6, Halachah 1.
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| 26. |
The bracketed addition is based on the gloss of the Radbaz. Alternatively, to guard the produce in his field so that it will not be taken during the Sabbatical year (Kin'at Eliyahu).
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| 27. |
For when one pays for the produce, the holiness of the produce is transferred to the money, as explained in Chapter 6, Halachot 6-7.
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| 28. |
Thus by purchasing the produce and giving him money, one would be - at least indirectly - causing him to violate the prohibitions of the Sabbatical year. Although in many of the instances mentioned in the previous halachot, we followed the principle that as long as there was a possibility that he would not transgress, we do not restrict transactions with people who might violate the laws of the Sabbatical year, in this instances, it is very likely that a transgression will occur. Hence, we are more stringent.
In his Commentary to the Mishnah (Sh'vi'it 9:1), the Rambam mentions a different reason for the prohibition against purchasing fruit from a common person, because he is likely to have harvested them and stored them in violation of the laws of the Sabbatical year.
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| 29. |
I.e., a lulav to use for the fulfillment of the mitzvah on Sukkot. This sale is permissible, because the laws of the Sabbatical year do not apply to a lulav, for it is part of the tree and not a fruit [the Rambam's Commentary to the Mishnah (Sukkah 3:9)].
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| 30. |
Which is a fruit and hence, may not be sold.
|
| 31. |
But instead, desires payment.
|
| 32. |
And thus, he will be paying for the lulav and not for the esrog.
|
| 33. |
Prohibition against purchasing even the slightest amount of produce from a common person.
|
| 34. |
Both of these are fragrant herbs. Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Sh'vi'it 9:1).
|
| 35. |
These fruits and herbs grew naturally and are not cultivated. Hence, we do not assume that the person stored them away and therefore there is room for limited leniency (Radbaz).
|
| 36. |
Which are also very pungent tasting. Our definition of terms is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 5:9).
|
| 37. |
These types of beans and lentils are of abnormal shape and grow wild (ibid.).
|
| 38. |
Since these species are not usually eaten as food, they are not bound by the Scriptural prohibitions of terumah and the tithes (Hilchot Terumah 2:3). Hence there is also room for leniency with regard to the Sabbatical year.
|
| 39. |
Whose reputation vis-à-vis the observance of the Sabbatical year has not been established.
|
| 40. |
The reason that it is forbidden to purchase flax from such a person is that flax seeds are sometimes considered as food. Even though the flax has been combed to some degree, there is still the possibility that it contains some seeds that are useful as food.
|
| 41. |
At this stage of processing, the flax will never be used as food.
|
| 42. |
As the Rambam states in his Commentary to the Mishnah (Bechorot 4:10), generally when two prohibitions are of the same degree of severity, if one is considered suspect to violate one, he is considered as suspect to violate the other. Nevertheless, this instance is an exception for the reasons stated by the Rambam.
|
| 43. |
Literally, the Rambam's words mean "the place," recalling Deuteronomy 12:11: "the place which God... will choose to cause His name to dwell." See Hilchot Ma'aser Sheni 2:1. This stringency does not apply with regard to the produce of the Sabbatical year which can be eaten in any place.
|
| 44. |
I.e., even after its redemption, it remains holy (Chapter 6, Halachah 6). In contrast, once the produce of the second tithe is redeemed, it is considered as ordinary produce (Hilchot Ma'aser Sheni 4:1).
|
| 45. |
As stated in Hilchot Sha'ar Avot HaTumah 8:10.
|
| 46. |
Since the Scriptural prohibitions are more severe, we assume that the person will respect them.
|
| 47. |
As stated in the notes to Hilchot Ma'aser 12:17, the Ra'avad does not accept this principle and maintains that if someone is considered as suspect regarding a particular issue, he is not accepted as a judge or witness concerning such matters. The Kessef Mishneh supports the Rambam's view.
|
| 48. |
I.e., we fear that they will not remove the produce of the Sabbatical year from their possession at the time of biyur, but instead will store it and sell it afterwards.
|
| 49. |
At the hand of heaven (Hilchot Terumah 6:5-6.
|
| 50. |
And given to the priests. They must partake of it as if it were terumah, as stated in ibid. 13:1. As explained there, this act is necessary in order to enable non-priests to partake of the entire mixture. And since we permit the entire mixture to non-priests, we do not suspect that the priests will keep the produce beyond the biyur.
|
| 51. |
As stated in ibid. 13:2, when terumah falls into less than 100 se'ah of ordinary produce, the presence of the terumah is not nullified. Instead, the entire mixture is considered as miduma and is sold to the priests as if it were terumah (which is sold at significantly lower price than ordinary produce). In this instance, we do not follow that ruling, because of the suspicion stated by the Rambam.
|
| 52. |
People who fatten animals.
|
| 53. |
Bran is used to provide body for paint and also to fatten cattle.
|
| 54. |
The rationale is that the prohibition against benefiting from sefichin is only Rabbinic in origin. Hence, we do not employ a safeguard because of a doubtful situation.
|
| 55. |
The city-wide charitable fund to which donations are made for the sustenance of the poor (seeHilchot Matanot Aniyim 9:1).
|
| 56. |
The Radbaz maintains that this is speaking of individuals whom we merely suspect that they violate the laws of the Sabbatical year. If we know with certainty that they violate those laws, we may not take any produce from them.
|
| 57. |
We do not suspect that a person will do a mitzvah - giving charity - in a manner that will cause a transgression - causing another Jew to violate the laws governing produce of the Sabbatical year [Jerusalem Talmud (Sh'vi'it 8:2)].
|
| 58. |
In these instances as well, we do not suspect that the person intentionally gave the money received for the produce for the Sabbatical year (or eggs received for that produce). Instead, we suspect that because he was a common person, he was not aware of the relevant laws (Radbaz).
|
| 59. |
The borrower must have such produce in his possession. Otherwise, it is forbidden to borrow the produce as a safeguard to the prohibition against taking interest (ibid.).
|
| 60. |
This leniency is granted only as consideration for the needs of the poor (ibid.). He may not purchase it from him, for in that instance, the money would become money received for produce of the Sabbatical year. We are afraid that the common person will not purchase food with that money and eat it before the obligation of biyur takes effect.
|
| 61. |
They should not be repaid with the produce of the Sabbatical year, because the produce of the Sabbatical year should not be given to a common person. We do not say the produce with which he repays him is produce received for produce of the Sabbatical year, because the exchange was not made in that year.
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• Friday, 19 Iyar 5775 / May 8, 2015
Hayom Yom
Torah lessons: Chumash: B'chukotai, Sheini with Rashi.
Tehillim: 90-96.
Tanya: Then follows the (p. 259)...has been explained above. (p.261).
Chassidus is Divine intelligence, an understanding which shows man how small he is, and how great he can become.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
Torah lessons: Chumash: B'chukotai, Sheini with Rashi.
Tehillim: 90-96.
Tanya: Then follows the (p. 259)...has been explained above. (p.261).
Chassidus is Divine intelligence, an understanding which shows man how small he is, and how great he can become.
Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.
Daily Thought:
Belief
From a letter:
You write of your concern that you don’t believe. But if you truly don’t believe, then why does not believing concern you?
____________________________
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