Today's Laws & Customs:
• Lag BaOmer
Lag BaOmer (the 33rd day of the Omer count) celebrates the end of the plague amongst Rabbi Akiva's students, and the ascent on high of the soul of Rabbi Shimon bar Yochai (see "Today in Jewish History"). The mourning practices of the Omer period are suspended, which is why many three-year-old boys receive theirfirst haircut on this day. Many visit the gravesite of Rabbi Shimon bar Yochai in Meron in northern Israel. It is customary to go on outings and to light bonfires; children play with bow-and-arrows to recall that "during the lifetime of Rabbi Shimon the rainbow (--a sign of the world's unworthiness, as per Genesis 9:14) was not seen."
The Lubavitcher Rebbe initiated the organization of parades of Jewish unity and pride on Lag BaOmer and on a number of occasions (in 1953, 1956, 1957, 1960,1966, 1967, 1970, 1976, 1980, 1983, 1984, 1987 and 1990) he addressed the parade held near his headquarters in Brooklyn in which thousands of Jewish children and their teachers participated.
Links: Lag BaOmer: The Mystic Dimension
• Count "Thirty-Four Days to the Omer" Tonight
Tomorrow is the thirty-fourth 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-four days, which are four weeks and six days, to the Omer." (If you miss the count tonight, you can count the omer all day tomorrow, but without the preceding blessing).
The 49-day "Counting of the Omer" retraces our ancestors' seven-week spiritual journey from the Exodus to Sinai. Each evening we recite a special blessing and count the days and weeks that have passed since the Omer; the 50th day isShavuot, the festival celebrating the Giving of the Torah at Sinai.
Tonight's Sefirah: Yesod sheb'Hod -- "Connection 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:
• Plague among R. Akiva's Disciples Ends (circa 120 CE)
In the weeks between Passover and Shavuot, a plague decimated 24,000 students of the great sage Rabbi Akiva--a result, says the Talmud, of the fact that they "did not respect one another." The plague's cessation on Iyar 18--the 33rd day of the Omer Count or "Lag BaOmer"--is one of the reasons that the day is celebrated each year (see "Laws and Customs" below).
Links: Rabbi Akiva
• Passing of R. Shimon bar Yochai (2nd century CE)
Rabbi Shimon bar Yochai ("Rashbi"), was a leading disciple of Rabbi Akiva and one of the most important tana'im whose teachings of Torah law are collected in the Mishnah. He was also the first to publicly teach the mystical dimension of the Torah known as the "Kabbalah", and is the author of the basic work of Kabbalah, the Zohar. For 13 years Rabbi Shimon hid in a cave to escape the wrath of the Romans whose government he criticized. On the day of his passing--Iyar 18, the 33rd day of the Omer Count--Rabbi Shimon gathered his disciples and revealed many of the deepest secrets of the divine wisdom, and instructed them to mark the date as "the day of my joy."
Links: Rabbi Shimon bar Yochai
• Passing of Rama (1573?)
Rabbi Moshe Isereles ("Rama") of Cracow (1525-1573?) authored the glosses ("hagga'ot") on R. Yosef Caro's the Code of Jewish Law and is regarded as the definitive Halachic authority for Ashkenazic Jews.
Links: Rabbi Moshe Isserlis
• Ettingen Jews Acquitted (1690)
Following a blood libel and the decree, if found guilty, to destroy the synagogue of Ettingen, Switzerland, the Jews were acquitted. The local Jews celebrated this day as a local "Purim" celebration-day of thanksgiving.
Links: The Other Purims
• IDF Created (1948)
The Israel Defense Forces (IDF) was created on Lag BaOmer of 1948. The IDF comprises the Israeli army, Israeli air force and Israeli navy. It was formed to defend the existence, territorial integrity and sovereignty of the state of Israel and combat all forms of terrorism which threaten the daily lives of its inhabitants.
Links: Israel Defense Force (IDF)
• Hurva Synagogue Destroyed (1948)
The Hurva synagogue, located in the Jewish quarter of the Old City of Jerusalem, was captured and dynamited by the Arab Legion of Jordan during the battle for Old Jerusalem in 1948.
The synagogue was built by the group of disciples of Rabbi Elijah (the "Vilna Gaon") who immigrated from Lithuania in 1864. The synagogue was built on the ruins of the synagogue built by Rabbi Judah Chassid (Segal) and his disciples in 1700, which was destroyed by Arab mobs in 1721. It was therefore named the "Hurvat Rabbi Judah HaChassid"—the ruins of Rabbi Judah the Chassid, or simply "The Hurva"—The Ruin.
In 2010, following several years of construction, the synagogue—built to resemble its Ottoman era form—was once again opened amid great fanfare.
Daily Quote:
"The footsteps of man are directed by G-d" (Psalms 37:23). When a Jew comes to a particular place it is for an inner Divine intent and purpose -- to perform a mitzvah, whether a mitzvah between man and G-d or a mitzvah between man and his fellow-man[Rabbi Schneur Zalman of Liadi (1749-1812)]
Daily Study:
Chitas and Rambam for today:
Chumash: Emor, 5th Portion Leviticus 23:23-23:32 with Rashi
• Chapter 23
23And the Lord spoke to Moses, saying, כגוַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
24Speak to the children of Israel, saying: In the seventh month, on the first of the month, it shall be a Sabbath for you, a remembrance of [Israel through] the shofar blast a holy occasion. כדדַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל לֵאמֹר בַּחֹדֶשׁ הַשְּׁבִיעִי בְּאֶחָד לַחֹדֶשׁ יִהְיֶה לָכֶם שַׁבָּתוֹן זִכְרוֹן תְּרוּעָה מִקְרָא קֹדֶשׁ:
a remembrance of [Israel through] the shofar blast: [On this Rosh Hashanah day,] a remembrance [before God of the Jewish people is evoked through the sounds of the shofar. And in order to enhance this remembrance, our Rabbis instituted the recitation] of Scriptural verses dealing with remembrance and Scriptural verses dealing with the blowing of the shofar (R.H . 32a), through which the remembrance of the binding of Isaac is recalled for them, [whereby Isaac was willing to be sacrificed as a burnt-offering according to God’s words (see Gen. 22:119), and] in whose stead a ram was offered up [whereby the shofar alludes to that ram’s horns, by which it was caught in a tree, thus making its appearance as Isaac’s replacement (see Gen. 22:13)]. — [Sifthei Chachamim, Gur Aryeh; R.H. 16a] זכרון תרועה: זכרון פסוקי זכרונות ופסוקי שופרות, לזכור לכם עקידת יצחק שקרב תחתיו איל:
25You shall not perform any work of labor, and you shall offer up a fire offering to the Lord. כהכָּל מְלֶאכֶת עֲבֹדָה לֹא תַעֲשׂוּ וְהִקְרַבְתֶּם אִשֶּׁה לַיהֹוָה:
And you shall offer up a fire offering: The additional offerings stated in the Book of Num. (29:16). והקרבתם אשה: המוספים האמורים בחומש הפקודים:
26And the Lord spoke to Moses, saying: כווַיְדַבֵּר יְהֹוָה אֶל משֶׁה לֵּאמֹר:
27But on the tenth of this seventh month, it is a day of atonement, it shall be a holy occasion for you; you shall afflict yourselves, and you shall offer up a fire offering to the Lord. כזאַךְ בֶּעָשׂוֹר לַחֹדֶשׁ הַשְּׁבִיעִי הַזֶּה יוֹם הַכִּפֻּרִים הוּא מִקְרָא קֹדֶשׁ יִהְיֶה לָכֶם וְעִנִּיתֶם אֶת נַפְשֹׁתֵיכֶם וְהִקְרַבְתֶּם אִשֶּׁה לַיהֹוָה:
But: Heb. אַךְ. Wherever the word אַךְ, “but,” or רַק, “only,” appear in the Torah, they denote an exclusion. [Thus,] Yom Kippur atones for those who repent, “but” it does not atone for those who do not repent. — [Shev. 13a] אך: כל אכין ורקין שבתורה מיעוטין, מכפר הוא לשבים ואינו מכפר על שאינם שבים:
28You shall not perform any work on that very day, for it is a day of atonement, for you to gain atonement before the Lord, your God. כחוְכָל מְלָאכָה לֹא תַעֲשׂוּ בְּעֶצֶם הַיּוֹם הַזֶּה כִּי יוֹם כִּפֻּרִים הוּא לְכַפֵּר עֲלֵיכֶם לִפְנֵי יְהֹוָה אֱלֹהֵיכֶם:
29For any person who will not be afflicted on that very day, shall be cut off from its people. כטכִּי כָל הַנֶּפֶשׁ אֲשֶׁר לֹא תְעֻנֶּה בְּעֶצֶם הַיּוֹם הַזֶּה וְנִכְרְתָה מֵעַמֶּיהָ:
30And any person who performs any work on that very day I will destroy that person from amidst its people. לוְכָל הַנֶּפֶשׁ אֲשֶׁר תַּעֲשֶׂה כָּל מְלָאכָה בְּעֶצֶם הַיּוֹם הַזֶּה וְהַאֲבַדְתִּי אֶת הַנֶּפֶשׁ הַהִוא מִקֶּרֶב עַמָּהּ:
I will destroy: כָּרֵת (“excision” or “cutting off”) is stated [as a punishment] in many places [in Scripture] and I do not know what that means, when God says [explicitly] “I will destroy,” [coinciding with וְנִכְרְתָה in the preceding verse,] this teaches us כָּרֵת means only “destruction” [i.e., premature death, and not that the body is to be cut up or that the person is to be exiled]. — [See Be’er Basadeh on this verse and on 22:3 above; Torath Kohanim 23:180] והאבדתי: לפי שהוא אומר כרת בכל מקום ואיני יודע מה הוא, כשהוא אומר והאבדתי, למד על הכרת שאינו אלא אבדן:
31You shall not perform any work. [This is] an eternal statute throughout your generations in all your dwelling places. לאכָּל מְלָאכָה לֹא תַעֲשׂוּ חֻקַּת עוֹלָם לְדֹרֹתֵיכֶם בְּכֹל משְׁבֹתֵיכֶם:
You shall not perform any work: [But has this not already been stated in verses 28 and 30 above? Yes, nevertheless this prohibition is repeated several times here, so that one who disobeys] transgresses many negative commandments, or to warn against work at night [that it is forbidden just] as [performing] work during the day [of the tenth of Tishri]. - [Yoma 81a; see Mizrachi and Divrei David] כל מלאכה וגו': לעבור עליו בלאוין הרבה, או להזהיר על מלאכת לילה כמלאכת יום:
32It is a complete day of rest for you, and you shall afflict yourselves. On the ninth of the month in the evening, from evening to evening, you shall observe your rest day. לבשַׁבַּת שַׁבָּתוֹן הוּא לָכֶם וְעִנִּיתֶם אֶת נַפְשֹׁתֵיכֶם בְּתִשְׁעָה לַחֹדֶשׁ בָּעֶרֶב מֵעֶרֶב עַד עֶרֶב תִּשְׁבְּתוּ שַׁבַּתְּכֶם:Daily Tehillim: Psalm Chapters 88 - 89
• Chapter 88
The psalmist weeps and laments bitterly over the maladies and suffering Israel endures in exile, which he describes in detail.
1. A song, a psalm by the sons of Korach, for the Conductor, upon the machalat le'anot; 1 a maskil2 for Heiman the Ezrachite.
2. O Lord, God of my deliverance, by day I cried out [to You], by night I [offer my prayer] before You.
3. Let my prayer come before You; turn Your ear to my supplication.
4. For my soul is sated with affliction, and my life has reached the grave.
5. I was reckoned with those who go down to the pit, I was like a man without strength.
6. [I am regarded] among the dead who are free, like corpses lying in the grave, of whom You are not yet mindful, who are yet cut off by Your hand.
7. You have put me into the lowest pit, into the darkest places, into the depths.
8. Your wrath has weighed heavily upon me, and all the waves [of Your fury] have constantly afflicted me.
9. You have estranged my friends from me, You have made me abhorrent to them; I am imprisoned and unable to leave.
10. My eye is afflicted because of distress; I call to You, O Lord, every day; I have stretched out my hands [in prayer] to You.
11. Do You perform wonders for the deceased? Do the dead stand to offer You praise? Selah.
12. Is Your kindness recounted in the grave, your faithfulness in the place of perdition?
13. Are Your wondrous deeds known in the darkness [of the grave], or Your righteousness in the land of oblivion?
14. But, I, to You, O Lord, I cry; each morning my prayer comes before You.
15. Why, O Lord, do You forsake my soul? Why do You conceal Your countenance from Me?
16. From my youth I have been afflicted and approaching death, yet I have borne the fear of You which is firmly established within me.
17. Your furies have passed over me; Your terrors have cut me down.
18. They have engulfed me like water all day long, they all together surrounded me.
19. You have estranged from me beloved and friend; I have been rejected by my intimates.
Chapter 89
This psalm speaks of the kingship of the House of David, the psalmist lamenting its fall from power for many years, and God's abandonment and spurning of us.
1. A maskil1 by Eitan the Ezrachite.
2. I will sing of the Lord's kindness forever; to all generations I will make known Your faithfulness with my mouth.
3. For I have said, "The world is built with kindness; there in the heavens You establish Your faithfulness.”
4. I have made a covenant with My chosen one; I have sworn to David, My servant:
5. "I will establish Your descendants forever; I will build your throne for all generations," Selah.
6. Then the heavens will extol Your wonders, O Lord; Your faithfulness, too, in the congregation of the holy ones.
7. Indeed, who in heaven can be compared to the Lord, who among the supernal beings can be likened to the Lord!
8. The Almighty is revered in the great assembly of the holy ones, awe-inspiring to all who surround Him.
9. O Lord, God of Hosts, who is mighty like You, O God! Your faithfulness surrounds You.
10. You rule the vastness of the sea; when its waves surge, You still them.
11. You crushed Rahav (Egypt) like a corpse; with Your powerful arm You scattered Your enemies.
12. Yours are the heavens, the earth is also Yours; the world and all therein-You established them.
13. The north and the south-You created them; Tabor and Hermon sing of [the greatness] of Your Name.
14. Yours is the arm which has the might; strengthen Your hand, raise high Your right hand.
15. Righteousness and justice are the foundation of Your throne; kindness and truth go before Your countenance.
16. Fortunate is the people who know the sound of the shofar; Lord, they walk in the light of Your countenance.
17. They rejoice in Your Name all day, and they are exalted through Your righteousness.
18. Indeed, You are the splendor of their might, and in Your goodwill our glory is exalted.
19. For our protectors turn to the Lord, and our king to the Holy One of Israel.
20. Then You spoke in a vision to Your pious ones and said: "I have granted aid to [David] the mighty one; I have exalted the one chosen from among the people.
21. I have found David, My servant; I have anointed him with My holy oil.
22. It is he whom My hand shall be prepared [to assist]; My arm, too, shall strengthen him.
23. The enemy shall not prevail over him, nor shall the iniquitous person afflict him.
24. And I will crush his adversaries before him, and will strike down those who hate him.
25. Indeed, My faithfulness and My kindness shall be with him, and through My Name his glory shall be exalted.
26. I will set his hand upon the sea, his right hand upon the rivers.
27. He will call out to Me, 'You are my Father, my God, the strength of my deliverance.’
28. I will also make him [My] firstborn, supreme over the kings of the earth.
29. I will maintain My kindness for him forever; My covenant shall remain true to him.
30. And I will bestow [kingship] upon his seed forever, and his throne will endure as long as the heavens last.
31. If his children forsake My Torah and do not walk in My ordinances;
32. if they profane My statutes and do not observe My commandments,
33. then I will punish their transgression with the rod and their misdeeds with plagues.
34. Yet I shall not take away My kindness from him, nor betray My faithfulness.
35. I will not abrogate My covenant, nor change that which has issued from My lips.
36. One thing I have sworn by My holiness-I will not cause disappointment to David.
37. His seed will endure forever and his throne will be [resplendent] as the sun before Me.
38. Like the moon, it shall be established forever; [the moon] is a faithful witness in the sky for all time.”
39. Yet You have forsaken and abhorred; You became enraged at Your anointed.
40. You annulled the covenant with Your servant; You have profaned his crown [by casting it] to the ground.
41. You shattered all his fences; You turned all his strongholds into ruin.
42. All wayfarers despoiled him; he has become a disgrace to his neighbors.
43. You have uplifted the right hand of his adversaries; You have made all his enemies rejoice.
44. You also turned back the blade of his sword, and did not sustain him in battle.
45. You put an end to his splendor, and toppled his throne to the ground.
46. You have cut short the days of his youth; You have enclothed him with long-lasting shame.
47. How long, O Lord, will You conceal Yourself-forever? [How long] will Your fury blaze like fire?
48. O remember how short is my life span! Why have You created all children of man for naught?
49. What man can live and not see death, can save his soul forever from the grave?
50. Where are Your former deeds of kindness, my Lord, which You swore to David in Your faithfulness?
51. Remember, my Lord, the disgrace of Your servants, that I bear in my bosom from all the many nations;
52. that Your enemies have disgraced, O Lord, that they have disgraced the footsteps of Your anointed.
53. Blessed is the Lord forever, Amen and Amen.
Tanya: Likutei Amarim, beginning of Chapter 49• Lessons in Tanya
• Thursday, Iyar 18, 5775 · May 7, 2015
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 49
The Alter Rebbe explained in the previous chapter that since the light and life drawn down from G‑d is infinite — Ein Sof, as its name indicates — therefore in order for this finite world to be created, the Divine light had to undergo a multitude of contractions (tzimtzumim). This was the only way that finite creation could proceed from the infinite light of Ein Sof; were it to have been drawn down in an orderly progression, finitude would have never resulted.
As will be explained later in this chapter, all these contractions were a result of G‑d’s love of the Jewish people and His desire that they have the opportunity to fulfill Torah and themitzvot.
The Alter Rebbe will now describe these contractions in a general manner, and will conclude that just as G‑d “overcame all obstacles” because of His love for the Jews and created finite worlds and creatures, so, too, “as water mirrors the reflection of a face,” should every Jew overcome all obstacles and come to experience a love of G‑d. Moreover, just as G‑d brought forth His light into this world in a manner that transcended orderly and limited progression, so, too, should every Jew seek to serve G‑d not only in an orderly and limited fashion, but without limit, renouncing everything for the sake of his love of Him. Even limitations foisted upon him by the world’s very nature should not act as an impediment to his service of G‑d.
והנה אף כי פרטי בחינות ההסתר והעלם אור אין סוף ברוך הוא בהשתלשלות העולמות, עד שנברא עולם הזה הגשמי, עצמו מספר ומינים ממינים שונים
Even though the particular aspects of the nature of the obscuring and concealment of the [infinite] light of the blessed Ein Sof in the descent of the worlds, descending as they do ever lower until this material world was created, are too numerous to count and are of many diverse kinds,
כידוע לטועמים מעץ החיים
as is known to those who have tasted of the “Tree of Life,” the Kabbalah,
אך דרך כלל הם שלשה מיני צמצומים עצומים כלליים, לשלשה מיני עולמות כלליים, ובכל כלל יש רבוא רבבות פרטים, והם שלשה עולמות: בריאה, יצירה, עשיה, כי עולם האצילות הוא אלקות ממש
yet in general there are three levels of powerful and comprehensive “contractions” giving rise to three comprehensive Worlds, each category consisting of myriads upon myriads of particulars. These are the Worlds ofBeriah, Yetzirah and Asiyah — for the World of Atzilut is G‑dliness itself.
Since Atzilut is G‑dliness itself it is not considered to be created ex nihilo, but rather is called Atzilut, which means an emanation from and an extension of G‑dliness — an illumination which comes from G‑d liness itself.
וכדי לברוא עולם הבריאה, שהן נשמות ומלאכים עליונים, אשר עבודתם לה׳ בבחינת חב״ד המתלבשים בהם
In order to create the World of Beriah, which consists of the higher souls and angels whose service to G‑d is in the sphere of the intellectual faculties of ChaBaDwhich are clothed in them — i.e., G‑dliness is revealed to them in an intellectual manner, through the three intellectual faculties of Chochmah, Binah and Daat,
והם משיגים ומקבלים מהם
and they i.e., the souls and angels apprehend them and receive [influence] from them — from ChaBaD which illumines them,
In order to create a world whose creations are not wholly nullified to G‑d — as is the case in Atzilut — but are only capable of knowledge and comprehension (and it will be noted that comprehension entails an awareness of one’s own being, in that comprehension presupposes an entity who is comprehending),
היה תחלה צמצום עצום כנ״ל
there necessarily preceded a powerful “contraction”, as mentioned above.
A mighty “contraction” was necessary in order to ensure that the light of G‑dliness manifest in Atzilut should be hidden, and that only a “contracted” form of light should illuminate and create creatures of the World of Beriah, which are on a level of creation ex nihilo.
וכן מבריאה ליצירה
So, too, from Beriah to Yetzirah,
In order for the World of Yetzirah — a World far lower than Beriah — to be created, there again had to be a powerful contraction.
כי אור מעט מזער המתלבש בעולם הבריאה, עדיין הוא בבחינת אין סוף לגבי עולם היצירה
for the minute portion of light (“minute”, that is, in relation to the light found in Atzilut)which clothes itself in the World of Beriah is still in a category of infinity in relation to the World of Yetzirah, so that the light of Beriah had to undergo a powerful “contraction” before it was able to descend into Yetzirah,
ואי אפשר להתלבש בו אלא על ידי צמצום והעלם, וכן מיצירה לעשיה
and it is unable to clothe itself in the latter except through contraction and obscuration. So, too, from Yetzirah to Asiyah.
There, too, the light of the World of Yetzirah had to be considerably limited to enable it to descend into the World of Asiyah.
וכמו שכתוב במקום אחר ביאור שלשה צמצומים אלו באריכות, לקרב אל שכלינו הדל
(1An elaborate explanation of these three “contractions” is given elsewhere, in order to make them more accessible to our poor intellect.)
ותכלית כל הצמצומים הוא כדי לברוא גוף האדם החומרי, ולאכפייא לסטרא אחרא, ולהיות יתרון האור מן החושך
The purpose of all the “contractions” is the creation of the material human body and the subjugation by man of the sitra achra, to bring about the preeminence of light supplanting darkness — by having light replace darkness, and even more so when the darkness itself is transformed into light, at which time the preeminence of light is felt to an even greater degree. This is accomplished:
בהעלות האדם את נפשו האלקית והחיונית ולבושיהן, וכל כחות הגוף כולן, לה׳ לבדו, כנ״ל באריכות
when a person elevates his divine soul and his vivifying soul (a soul which receives its nourishment from kelipot, but through man’s service in Torah and mitzvot is elevated and incorporated into holiness, thereby elevating the souls) together with their garments of thought, speech and action, and all the powers of the body, to G‑d alone, as has been discussed earlier at length,
כי זה תכלית השתלשלות העולמות
for this is the purpose of the progressive descent of the Worlds.
The ultimate purpose of all the descents from level to level and World to World is this physical world. It is here that a Jew is able, through his divine service, to effect the subjugation of evil and the preeminence of light supplanting darkness.
The Alter Rebbe now goes on to say that just as G‑d’s love for the Jews “overcame all obstacles” that (as it were) stood in the way of creating this physical world, contracting His infinite light so that infinite beings could be created, so, too, should every Jew respond in kind by overcoming all obstacles that hinder him from serving G‑d. Furthermore, his level of service too should not be finite but infinite.
והנה כמים הפנים לפנים
And “as water mirrors the reflection of a face”:
Just as water reflects an exact replica of one’s face, so, too, with regard to the “heart of man to his fellow man,” the love of one person to another results in the other person’s loving him as well:
כמו שהקב״ה כביכול הניח וסילק לצדדין דרך משל את אורו הגדול הבלתי תכלית וגנזו והסתירו בג׳ מיני צמצומים שונים, והכל בשביל אהבת האדם התחתון, להעלותו לה׳
As G‑d has (as it were) laid down and set aside, figuratively speaking, His great infinite light, and has stored it away and concealed it by means of three different kinds of “contractions” — and all this because of His love for lowly man, in order to raise him up to G‑d,
This means to say that G‑d created a world in which man may serve Him, and by doing so man is uplifted to G‑d. But how is it possible for love to bring about “contraction”, when love signifies kindness and expansiveness, while contraction and concealment characterize severity? The Alter Rebbe answers this implied question by pointing out that we find that love, too, can bring about contraction, as in the Gemara now quoted:
כי אהבה דוחקת את הבשר
for2 “love impels the flesh,” so that the flesh will not impede it. Thus, because of G‑d’s love for His people, He (figuratively speaking) set aside His great light and concealed it through many contractions, and so on. This being so:
על אחת כמה וכמה, בכפלי כפליים לאין קץ, כי ראוי לאדם גם כן להניח ולעזוב כל אשר לו מנפש ועד בשר, ולהפקיר הכל
how much more, and an infinite number of times more, is it fitting that a man also should relinquish and set aside all he possesses, both spiritually and physically, and renounce everything,
בשביל לדבקה בו יתברך בדביקה חשיקה וחפיצה, ולא יהיה שום מונע מבית ומחוץ, לא גוף ולא נפש ולא ממון ולא אשה ובנים
in order to cleave to Him, with attachment, desire and longing, without any hindrance, within or without, neither of body nor soul — hindrances from “within”,nor money, nor wife and children — hindrances from “without”. None of these things should hinder him from cleaving to G‑d. By renouncing them all he sets aside even his most important needs for the sake of his love of G‑d.
| FOOTNOTES | |
| 1. | Parentheses are in the original text. |
| 2. | Bava Metzia 84a. |
• Sefer Hamitzvos:Thursday, Iyar 18, 5775 · May 7, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 223
Harvesting Fields during the Sabbatical Year
"Nor shall you gather the grapes of the un-pruned vine"—Leviticus 25:5.
It is forbidden to harvest – in normal fashion – the fruit of the Shemitah (Sabbatical) Year. One may only harvest it as if it was ownerless, i.e. without extensive preparation or arrangement, and not in bulk.
Harvesting Fields during the Sabbatical Year
Negative Commandment 223
Translated by Berel Bell
The 223rd prohibition is that we are forbidden from gathering in the normal manner fruit which trees produce during shemittah. We must make a change in order to demonstrate that it is considered ownerless [rather than the owner's personal property].
The source of this prohibition is G‑d's statement,1 "Do not gather the grapes on your unpruned vines."
Our Sages2 explain: "You may not gather them as gatherers do normally." Based on this principle, they said: "Figs which grew during shemittah may not be cut with the normal fig-knife, only with a regular knife. Grapes may not be crushed in a wine-press, only in a trough. Olives may not be prepared in a bad or a kutbi, but they may be crushed and placed in a bodeidah.3
The details of this mitzvah and the one which precedes it are explained in tractate Sh'vi'is.
FOOTNOTES
1.Lev. 25:5.
2.Sifra, Behar 1:3. Sh'vi'is 8:6.
3.A bodeidah is a small olive-press, whereas the bad and kutbi are larger and therefore regularly used. Regarding these objects and the others mentioned above, see Bartenura, Sh'vi'is 8:6.
Positive Commandment 134
Rendering Fields Ownerless during the Sabbatical Year
"But [during] the seventh year you shall let it rest and abandon it"—Exodus 23:11.
We are commanded to render ownerless all that the land produces during the Shemitah(Sabbatical) Year, making all the fields' output free for all to take.
This mitzvah, according to biblical law, applies only to the produce of the Land of Israel.
Rendering Fields Ownerless during the Sabbatical Year
Positive Commandment 134
Translated by Berel Bell
The 134th mitzvah is that we are commanded to disown everything which the land produces during the shemittah year; to release everything which grows on our property for the use of any living creature.
The source of this commandment is G‑d's statement,1 "During the seventh year, you must let it be public and withdraw from it."
The Mechilta [D'Rashbi] says: "Grapes and olives were already included [in the general command]. Why were they singled out? To make a comparison — just as grapes, which are covered by the positive commandment, also have a prohibition, so too everything covered by the positive commandment also has a prohibition."
I will explain the meaning of this statement. The verse, "During the seventh year, you must let it be public and withdraw from it" includes the release of everything which grows during shemittah: grapes, figs, peaches, pomegranates, wheat, barley, etc. Therefore the release of all produce is a positive commandment. Afterwards, the verse continues, "This also applies to your vineyard and your olive grove." But they were already included in this commandment, which covered everything which grows from the ground! [Our Sages therefore explain that] grapes and olives are mentioned separately because there is a special verse2 which explicitly creates a prohibition on grapes: "Do not gather the grapes on your unpruned vines." [The comparison therefore teaches us that] just as releasing grapes is a positive commandment, and holding them is a prohibition, so too anything which grows during shemittah — which, as explained above, there is a positive commandment to release — there is a prohibition to hold. Therefore the law regarding olives is identical to that regarding grapes — there is a positive commandment and a prohibition; and other types of produce have the same law as olives.
From the above discussion it is clear that the release of produce which grows during shemittah counts as a positive commandment.
The details of this mitzvah are explained in tractate Sh'vi'is. It is a Biblical commandment only for produce of Eretz Yisrael.3
FOOTNOTES
1.Ex. 23:11.
2.Lev. 25:5.
3.Outside Eretz Yisrael it is obligatory by Rabbinic decree.
Positive Commandment 141
Forgoing Loans on the Sabbatical Year
"But if you have any claim against your brother, you must relinquish it"—Deuteronomy 15:3.
During the Shemitah (Sabbatical) Year, we are commanded to cancel any debts owed to us [by fellow Jews].
Biblically, this mitzvah only applies when the Jubilee laws regulating agricultural are in effect (see The Jubilee Year).
________________________________________________________
Forgoing Loans on the Sabbatical Year
Forgoing Loans on the Sabbatical Year
Positive Commandment 141
Translated by Berel Bell
The 141st mitzvah is that we are commanded to cancel during the shemittah year all debts that we are owed.
The source of this commandment is G‑d's statement,1 "If you have any claim against your brother for a debt, you must relinquish it." This commandment is repeated in the verse,2 "The idea of the shemittah year is that every creditor shall remit any debt [owed by his neighbor]."
The Tosefta says: "Scripture speaks of two types of shemittah (release) — one regarding land and one regarding money."
The mitzvah of releasing debts is only a Biblical commandment when the mitzvah of shemittah of the land is in effect — at which time it applies everywhere.3
The details of this mitzvah are explained in the last chapter of tractate Sh'vi'is.
FOOTNOTES
1.Deut. 15:3.
2.Ibid. 15:2.
3.Not only in Eretz Yisrael.
Negative Commandment 230
Collecting Debts following the Sabbatical Year
"Every creditor that lends anything to his neighbor shall release it"—Deuteronomy 15:2.
We are forbidden from demanding payment of a debt once the Shemitah (Sabbatical) Year has passed. Rather, all debts must be cancelled.
This biblical prohibition applies only in the Land of Israel, and only when the Jubilee laws regulating agricultural are in effect (see The Jubilee Year). The Sages, however, extended this prohibition to apply to all locations and all times.
Collecting Debts following the Sabbatical Year
Negative Commandment 230
Translated by Berel Bell
The 230th prohibition is that we are forbidden from collecting debts in the shemittah year; they must be completely released.
The source of this prohibition is G‑d's statement,1 "Every creditor shall remit any debt owed by his neighbor. He may not collect from his neighbor or his brother."
This is a Biblical commandment only in Eretz Yisrael when the mitzvah of shemittah of the land — i.e. the jubilee year — is in effect. However, there is a Rabbinic prohibition in effect at all times and in all places. Therefore, one may not collect a debt once the shemittah year has passed; it must be released.
The details of this mitzvah are explained in the end of tractate Sh'vi'is.
FOOTNOTES
1.Ibid.
Negative Commandment 231
Refusing to Lend Money in Anticipation of the Sabbatical Year
"Beware lest there be an [unworthy thought in your heart...]"—Deuteronomy 15:9.
It is forbidden to refuse to lend money to another before the advent of the Shemitah(Sabbatical) Year, for fear that the debt will be cancelled.
Refusing to Lend Money in Anticipation of the Sabbatical Year
Negative Commandment 231
Translated by Berel Bell
The 231st prohibition is that we are forbidden from not lending money to one another with the intention of avoiding its release in the shemittah year.
The Torah prohibited us from having this concern in the verse,1 "Be very careful lest you...[say to yourself, 'the seventh year is approaching, and it will be the shemittah year.']"
The Sifri says: "The expressions 'hishomer' ("be very careful") and 'pen yi'hiyeh' ("lest") indicate prohibitions." This means that the usage of both expressions regarding this mitzvah gives added emphasis.
FOOTNOTES
1.Ibid. 15:9
Eruvin - Chapter Six
Halacha 1
When a person leaves a city on Friday afternoon and deposits food for two meals at a distance from the city,1 but within its Sabbath limits,2 and by doing so establishes this as his place for the Sabbath, it is considered as if his base for the Sabbath is the place where he deposited the food for two meals, even if he returns to the city [before the commencement of the Sabbath] and spends the night in his home. This is called an eruv t'chumin.3
Halacha 2
On the following day, the person may walk two thousand cubits4 from [the place of] his eruv in all directions.5 Accordingly, when a person walks two thousand cubits from his eruv on the following day within his city, he may walk only to the end of his limit. If, however, the entire city is included within his limit, the city is considered as if it were only four cubits, and he may continue to the end of his limit beyond the city.6
Halacha 3
What is implied? When a person places his eruv one thousand cubits to the east of his house in a city, he may walk two thousand cubits eastward from the place of his eruv on the following day. He may also walk two thousand cubits to the west, one thousand from the eruv to his house, and one thousand from his house westward. He may not walk to the end of the city [limits, if they are] beyond the thousand cubits.
If there are less than one thousand cubits from his house to the boundaries of the city7 - even if his Sabbath limits end one cubit outside the city - the entire city is considered to be four cubits, and he may proceed 996 cubits beyond it to complete [his Sabbath limits of] two thousand [cubits].
Halacha 4
According [to this principle], if a person placed his eruv two thousand cubits [towards the east] of his house in a city, he would lose [the possibility of walking] throughout the entire [area of] the city [to the west]. Thus, he would be permitted [to walk] two thousand cubits from his house to his eruv and from hiseruv two thousand cubits further. He may not walk even one cubit to the west of his house in the city.8
When a person places his eruv in a private domain - even if it is a metropolis like Nineveh, the ruins of a city, or a cave that is fit to be used as a dwelling - he is permitted to walk throughout its entire area and two thousand cubits beyond it in all directions.9
Halacha 5
If a person deposits his eruv within the city in which he is spending the Sabbath, his actions are of no consequence and his [Sabbath limits] should not be measured from his eruv.10 Instead, he is like the other inhabitants of the city, and may proceed two thousand cubits in all directions outside the city.
If a person deposits his eruv in the outlying areas that are included within the city's boundaries, and the calculation of [the city's] Sabbath limits begins beyond these areas,11 it is as if he had deposited it within the city [proper].
If a person deposits his eruv beyond the city's Sabbath limits, it is not considered to be a [valid] eruv.12
Halacha 6
Halacha 7
All foods that may be used for a shituf may also be used for an eruv t'chumin.17Similarly, all foods that may not be used for a shituf are also unacceptable for an eruv t'chumin.
What is the minimum measure of food acceptable for an eruv t'chumin? The [amount of] food [sufficient] for two meals for every individual.18 When the food in question is a side dish,19 the minimum measure is an amount sufficient to accompany two meals - [i.e., it is governed by] the same [laws] as a shituf.
Halacha 8
It is necessary for [the place where] a person [intends to spend the Sabbath]20and his eruv to be in the same domain, so that it is possible for him to partake of it beyn hash'mashot.21
Therefore, if the person intends to spend the Sabbath in a public domain and places his eruv in a private domain, or if he [intends to spend the Sabbath in a] private domain and places his eruv in a public domain, the eruv is not valid. For it is impossible to transfer articles from a private domain to a public domain without performing a transgression.
Halacha 9
If, however, a person intends to spend the Sabbath in a private domain or in a public domain, and he places his eruv in a carmelit, or he intends to spend the Sabbath in a carmelit, and he places his eruv in a private domain or in a public domain, the eruv is acceptable. For during beyn hash'mashot, the time when the eruv is established, it is permitted to transfer articles from either of these domains to a carmelit for the sake of a mitzvah.
Halacha 10
[The following rule applies when a person] places his eruv in a closet, locks it, and then loses the key: If he can remove his eruv without performing a labor that is forbidden by the Torah, it is valid.24
Halacha 11
Whenever a person deposits an eruv, he is granted four cubits [in which to carry] at the place of the eruv. Thus, if a person places an eruv t'chumin at the end of the Sabbath limits, and then the eruv rolled two cubits beyond the Sabbath limits,27 the eruv is valid; it is not considered to have left its [original] place.
If, however, the eruv rolls more than two cubits [beyond the Sabbath limits], it is not valid, for it is beyond the Sabbath limits. And [as stated previously,]28 when an eruv is placed beyond a person's Sabbath limits, it is invalid, since the person is unable to reach his eruv.
Halacha 12
The following rules apply when] an eruv rolled [more] than two cubits beyond the Sabbath limits,29 it became lost or burned, or it contained terumah and it became impure:30 If this occurred before the commencement of the Sabbath, the eruv is invalid. If it occurred after nightfall, it is valid. For an eruv is established beyn hash'mashot.31
If one is in doubt [when the above occurred], the eruv is valid, for when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.32Therefore, if the eruv was eaten beyn hash'mashot, it is acceptable.
Halacha 13
[The above rules are relevant in the following situation:] Two individuals told a person,33 "Go and establish an eruv on our behalf." He established an eruv for one before the commencement of the Sabbath, and for the other, beyn hash'mashot. The eruv that was established before the commencement of the Sabbath was eaten beyn hash'mashot, and the eruv that was established beyn hash'mashot was eaten after nightfall.34
[The ruling is that] both eruvin are valid.35 For [the halachic status of] beyn hash'mashot is a matter of doubt,36 and when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable.37 Nevertheless, if there is a question whether or not it is past nightfall, at the outset one should not proceed to establish an eruv.38 [After the fact,] if one established an eruv, it is valid.
Halacha 14
Although an avalanche falls on an eruv before the commencement of the Sabbath, it remains acceptable provided it can be removed without performing a [forbidden] labor. For it is permissible to remove it beyn hash'mashot,39, which is the time when the eruv is established.
If the avalanche fell on it after nightfall, it is also valid, even if it cannot be removed without performing a [forbidden] labor.40 If there is a doubt whether [the avalanche] fell before the commencement of the Sabbath or after nightfall, it is acceptable, because when there is a doubt [with regard to the validity of] aneruv, it is considered acceptable.
Halacha 15
If, however, one established an eruv with terumah concerning which there was a doubt about its ritual purity,41 the eruv is invalid, for the meal is not fit to be eaten.42
[Similarly, an eruv is invalid in the following situation]: A person possessed two loaves of bread that were terumah. One of them was pure and one was impure, but he did not know which was pure and which was impure. Although he said, "The [loaf] that is pure, whichever it is, will serve as my eruv," the eruv is invalid, for the meal is not fit to be eaten.43
Halacha 16
If a person said: "This loaf of bread is not consecrated today, but it will be consecrated tomorrow," [and uses the loaf for an eruv,] the eruv is valid. Forbeyn hash'mashot, it had not as yet become definitely consecrated, and thus it was fit to be eaten before commencement of the Sabbath.
If, however, he said, "Today it is consecrated, and tomorrow it is not consecrated," it may not be used for an eruv, for it is fit [to be eaten] only after nightfall.44
Similarly, if one set aside terumah and made a stipulation that it will not becometerumah until nightfall, it may not be used for an eruv. For throughout beyn hash'mashot it is tevel45 [which may not be eaten], and it is necessary for the meal [set aside as the eruv] to be fit to be eaten before the commencement of the Sabbath.46
Halacha 17
Halacha 18
[These rules should be followed when] many desire to join together in an eruv t'chumin: They should each contribute enough food for two meals52 and place [the food] in a single container in [whichever] place they choose.53
If one person desires to make an eruv on behalf of many others, he must grant them a share by means of another person54 and notify them. [This is necessary because] an eruv t'chumin may not be established on a person's behalf unless he consents,55 since it is possible that he will not desire to have the eruv made in the direction chosen by the other person.
Halacha 19
All the individuals entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot58 are also entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
Conversely, all the individuals who are not entitled to take possession of [a share in an eruv for another person] with regard to an eruv chatzerot are also not entitled to take possession of [a share in an eruv for another person] with regard to an eruv t'chumin.
Halacha 20
A person may give a ma'ah to a homeowner with the intent that [the latter] buy a loaf of bread for him and establish an eruv t'chumin on his behalf.59 [And we assume that the eruv has been established.] If, however, he gives [money] to a storekeeper or a baker, and tells him: "[Have someone] acquire a share on my behalf," we [do not assume that] an eruv has been established.60
[Even with regard to a storekeeper,] if he tells him: "Establish an eruv for me with this ma'ah," [we assume that the storekeeper] will buy bread or other foodstuffs with the money and establish an eruv on his behalf.61 If the person gave [a storekeeper] a utensil, and told him: "Give me food in exchange for this and establish an eruv [with that food] on my behalf," [we assume that he] will purchase the food and establish the eruv on his behalf.62
Halacha 21
A person may establish an eruv t'chumin on behalf of his sons and daughters who are below the age of majority63 and on behalf of his Canaanite servants and maidservants64 - with or without their knowledge.65 Therefore, if he has established an eruv for them and they have established an eruv on their own behalf, they should rely on [the eruv] established by their master.
A person may not, by contrast, establish an eruv for his sons and daughters who have passed majority, for his Hebrew servants and maidservants, or for his wife, without their consent.66 [This applies] even if they eat at his table.
If he established an eruv on their behalf, and they heard and remained silent without objecting, they may rely on the eruv that he established.67 If, however, he established an eruv for one of these people and [that person] established aneruv for himself, there can be no greater objection than this, and [that person] should rely on his own eruv.
A child of six years old or less may be taken out, relying on the eruv established for his mother.68 There is no need to set aside a separate amount of food equivalent to two meals for him.
Halacha 22
A person has the option of sending his eruv with an agent [whom he has instructed to] deposit it in the location that he desires to define as his place for the Sabbath.69 He should not, however, send [the eruv] with a deaf-mute, a mentally incompetent individual, or a child,70 nor with a person who does not accept the mitzvah of eruv.71 If he sends the eruv with one of these individuals, it is not acceptable.
If, however, he sent [the eruv] with one of these individuals [with instructions for them] to bring it to a person who is acceptable [to act as an agent], so that the latter would take it and deposit it in the [desired] location, [the eruv] is acceptable. Indeed, even if he sent [the eruv] via a monkey or an elephant [it would be acceptable]. [There is, however, one stipulation: the person sending the eruv] must watch from afar until he sees the person who is unfit [to serve as an agent or the animal] reach the person who is fit [to serve as an agent], whom he has instructed to deposit the eruv.72
Similarly, many individuals who have joined together in an eruv t'chumin have the option of sending their eruv via an agent if they desire.
Halacha 23
When one person or a group of people tell another person, "Go out and make an eruv on our behalf," and the person does so, choosing the direction in which to make the eruv himself, the eruv is acceptable.73 They may rely on it,74 for they did not specify the direction [they desired].
When a person says, "Establish an eruv for me with dates," and [his agent] establishes with dried figs, or he mentions dried figs, and [the agent] uses dates, the eruv is not acceptable. Similarly, if the person asked that the eruv be placed in a closet and it was placed in a dovecote, or [he asked that it be placed] in a dovecote, and it was placed in a closet, or [he asked that it be placed] in a house, and it was placed in a loft, or [he asked that it be placed] in a loft, and it was placed in a house, the eruv is not acceptable.75
If, however, the person told [the agent], "Establish an eruv for me," without making any specifications, the eruv is acceptable regardless of whether he used dried figs or dates, or deposited it in a house or in a loft.
Halacha 24
Just as a blessing is recited [before] establishing an eruv in a courtyard or ashituf in a lane,76 so too, a blessing is recited [before establishing] an eruv t'chumin.77
[After reciting the blessing,] one should say:78 "With this eruv, it will be permissible for me to proceed two thousand cubits in every direction from this location."
If he is establishing the eruv on behalf of many individuals, he should say, "With this eruv, it will be possible for 'so and so'..." or "for the people of this community..." or "for the inhabitants of this city to proceed two thousand cubits in every direction from this location."
| FOOTNOTES | |
| 1. |
Note Chapter 7, Halachah 1, which states that one may establish an eruv t'chumin by actually going on Friday afternoon to the location one desires to establish as one's place for the Sabbath. The possibility of depositing food was instituted by our Sages to expedite the process of establishing an eruv t'chumin, by allowing a person to have an agent deposit food for him.
|
| 2. |
See Halachah 5 regarding both these factors.
|
| 3. |
In his introduction to these halachot, the Maggid Mishneh questions why two seemingly separate concepts, eruv chatzerot and eruv t'chumin, are considered to be part of the same mitzvah and are described together. He explains that since both are Rabbinic ordinances that involve placing food in a specific place so that the place will be considered to be one's base for the Sabbath, they can be considered to be a single mitzvah.
|
| 4. |
A cubit is 48 centimeters according to Shiurei Torah and 57.6 centimeters according to theChazon Ish.
|
| 5. |
A person is always allowed to proceed 2000 cubits in all directions from the place where he spends the Sabbath. (See Hilchot Shabbat 27:1.) Since the place where the person's eruv is located is considered his base for the Sabbath, his 2000 cubits are calculated from this place.
|
| 6. |
The Rambam's statements here parallel his statements in Hilchot Shabbat 27:5, which explain that if a person's Sabbath limits end within a private domain, he is not entitled to proceed to the end of the domain. If, however, that domain is included within his 2000 cubits, it is considered to be only four cubits.
The Ramah (Orach Chayim 408:1) quotes the view of the Tur, the Hagahot Maimoniot, and other Ashkenazic authorities, who differ and maintain that one is allowed to proceed to the end of the private domain, even if it is further than 2000 cubits from one's eruv t'chumin. The Mishnah Berurah 408:12 mentions that many authorities support this ruling. See note 8.
|
| 7. |
The Maggid Mishneh (in his gloss on this halachah and on Hilchot Shabbat 27:5) mentions the fact that when one establishes the Sabbath limits of a city, an imaginary square is constructed around the furthermost points in the city's area, and the Sabbath limits are calculated from that square. Thus, it is possible that land that is outside the city's urban limits may still be within the square from which its Sabbath limits are calculated.
Although a leniency is used in the calculation of the city's Sabbath limits, and these outlying areas are considered to be part of the city proper, this leniency is not turned into a stringency. If a person's 2000 cubits end beyond the city's urban area, but not beyond these outlying areas, the city is considered to be included within his Sabbath limits, and thus only four cubits in length. This concept is quoted by the Ramah (Orach Chayim 408:1).
|
| 8. |
As mentioned above, the Tur and the Ramah (Orach Chayim 408:1) differ with the Rambam on this point and allow a person to walk throughout the entire city where his house is located, provided he sleeps in his home (Mishnah Berurah 408:11).
|
| 9. |
The rationale for this decision can be explained as follows: As explained in Hilchot Shabbat 27:1, the prohibition against proceeding more than 2000 cubits from one's place of residence on the Sabbath is derived from the verse (Exodus 16:29): "No man should leave his place on the seventh day." The term "his place" refers to the private domain in which he is located, regardless if it be a house, a city, or any other location.
By making an eruv t'chumin, a person redefines the location of "his place" on the Sabbath. Even if he is not located at that place at the commencement of the Sabbath or shortly thereafter, the location where he deposits his eruv is considered to be "his place" for this Sabbath. Therefore, if that location is a private domain, that entire domain is considered to be "his place," and the calculation of his Sabbath limits begins from its boundaries.
|
| 10. |
If his acts had been considered significant, he would have decreased his Sabbath limits, and not increased them. For without the eruv, he would be allowed to proceed two thousand cubits from the city limits. This follows the Rambam's conception, in contrast to that of the Tur mentioned above.
|
| 11. |
In Hilchot Shabbat 27:5 (see also note 6), it is explained that the Sabbath limits of a city are calculated from an imaginary square that may include several uninhabited areas in the city's periphery. If the eruv is placed in these outlying areas, it is as if it were placed in the city proper.
|
| 12. |
Since the eruv is beyond his Sabbath limits, i.e., over 2000 cubits from the city's periphery, he may not reach it during beyn hash'mashot, the time when the acquisition of the eruv takes effect (Mishnah Berurah 408:30). Therefore, the eruv is not valid. Instead, his Sabbath limits are defined from his home (Ramah, Orach Chayim 408:4).
|
| 13. |
The Maggid Mishneh quotes the Rashba as saying that this applies only when one establishes one's eruv by using food. If, however, one actually walks to a place beyond a city's boundariesbeyn hash'mashot, and in this manner establishes this location as one's place for the Sabbath, it is acceptable even if one's intent is not associated with a mitzvah. Although this view is not accepted by all authorities, the Mishnah Berurah 415:1 rules that in a pressing situation, one may rely on the more lenient view.
|
| 14. |
The expression "a purpose associated with a mitzvah" is used in a very extended sense in this context. As an example, the Ramah (Orach Chayim 415:1) mentions a desire to take a stroll in a pleasant orchard.
|
| 15. |
E.g., to proceed toward the end of one's Sabbath limits, so that one will be closer to a destination to which one desires to travel for business purposes after the Sabbath.
|
| 16. |
Although this is a matter of disagreement among the Rabbis, the Shulchan Aruch (Orach Chayim415:1) follows the Rambam's view.
It must be emphasized that the "fear" mentioned by the Rambam refers to a situation when there is not an obvious danger to the person's life. Were that to be the case, he would be allowed to proceed beyond the 2000 cubits even if he had not established an eruv, for a threat to life takes precedence over the observance of all the Torah's laws with the exception of idol worship, sexual immorality, and murder.
|
| 17. |
In contrast to an eruv chatzerot, for which bread alone may be used, all foods may used for aneruv t'chumin and a shituf, with the exception of water, salt, and mushrooms (Chapter 1, Halachah 8).
|
| 18. |
See Chapter 1, Halachah 9. There is, however, a distinction. Regarding a shituf, even when there are thousands of inhabitants involved, it is necessary to provide two meals only for eighteen people. In contrast, regarding an eruv t'chumin, food must be set aside for every person who desires to use the eruv.
|
| 19. |
See Chapter 1, Halachah 10.
|
| 20. |
This does not mean the person's home, or the place where he is standing beyn hash'mashot, but rather the place where he would partake of his eruv. There are times when it is impossible for him to partake of the eruv in the domain in which it is located - to cite the example given by the Mishnah, Eruvin 3:3: the eruv was placed in a tree more than ten handbreadths above the ground. In such instances, since it is not permissible to carry the eruv from the place where it was deposited to the place where the person would partake of it, the eruv is not valid.
|
| 21. |
This is the time when the Sabbath commences, and it is at this hour that the eruv must be established.
|
| 22. |
See Hilchot Shabbat 24:10.
|
| 23. |
And, as mentioned in Halachah 6, it is only in situations such as these that it is permissible to establish an eruv t'chumin.
|
| 24. |
If, however, he must perform a labor forbidden by the Torah to obtain the eruv, it is not valid. (See Chapter 1, Halachah 22.)
|
| 25. |
Although Rabbinic prohibitions are not normally enforced beyn hash'mashot when a mitzvah is involved, our Sages maintained their decree in this instance. For one might think that the reed has already been detached, and it is likely that one might break it (Rambam's Commentary on the Mishnah, Eruvin 3:3).
|
| 26. |
Provided that they are not implanted in the public domain and there is not a basket, four handbreadths by four handbreadths, at their top (Mishnah Berurah 409:14).
|
| 27. |
The Ra'avad objects to the Rambam's ruling, noting that the matter is the subject of a difference of opinion between our Sages (Eruvin 45a): Rabbi Eliezer maintains that a person is considered to be located in the midst of the four cubits he is granted. Therefore, as the Rambam states here, he is granted only two cubits in either direction. Rabbi Yehudah differs and maintains that he is granted four cubits in either direction. It is Rabbi Yehudah's view that is accepted as halachah.
The Maggid Mishneh notes that in Hilchot Shabbat 12:15 and 27:11, the Rambam follows Rabbi Yehudah's view. There is, the Maggid Mishneh maintains, a difference between the ruling regarding the laws of carrying and the ruling regarding the Sabbath limits. His distinction is explained by the Radbaz (Vol. VI, Responsum 2237), who states that for an eruv t'chumin to be effective a person must be able to reach it while standing within the Sabbath limits. If the eruv is within two cubits of the Sabbath limits, the person can bend over and reach it. If it is further away, he would have to leave his Sabbath limits to reach it. Hence, it is not valid.
The Ra'avad's decision is quoted by the Shulchan Aruch (Orach Chayim 409:5).
|
| 28. |
Halachah 5.
|
| 29. |
As explained in the previous halachah.
|
| 30. |
Impure terumah may not be eaten.
|
| 31. |
If it is valid at this time, what happens to it afterwards is of no consequence (Rambam's Commentary on the Mishnah, Eruvin 3:4).
|
| 32. |
Since the eruv was acceptable when deposited, it is granted a chezkat kiyyum - i.e., we assume that the status quo remained the same and that it remained acceptable until immediately before the difficulty was discovered (ibid.).
(Although the Rambam mentions this concept in his Commentary on the Mishnah, his ruling in the following halachah implies that he does not accept this as a hard and fast rule.)
|
| 33. |
They both empowered him to act as a shaliach (agent) and establish an eruv for them.
|
| 34. |
This situation represents a paradox: If beyn hash'mashot is considered to be before the commencement of the Sabbath, the eruv that was eaten beyn hash'mashot is not valid. If beyn hash'mashot is considered to be after the commencement of the Sabbath, the eruv that was established beyn hash'mashot is not valid.
|
| 35. |
If, however, the eruv that was established beyn hash'mashot was eaten beyn hash'mashot, it is not valid. (See Shulchan Aruch, Orach Chayim 393:3.)
|
| 36. |
Beyn hash'mashot is the period between sunset and the appearance of three stars. There is a question if this period is considered to be part of the day or part of the night. See Hilchot Shabbat5:4.
|
| 37. |
This ruling (based on Shabbat 34a) reflects a difference of opinion among the Rabbis. As mentioned in the notes on the previous halachah, most authorities maintain that an eruv t'chumin(in contrast to an eruv chatzerot) is acceptable when there is a doubt involved, only because it possesses a chezkat kiyyum - i.e., we knew that it was acceptable beforehand, and we presume that its status remained the same until we know otherwise. (See also Halachah 15.)
Therefore, other authorities (Rabbenu Chanan'el, Rabbenu Tam, Rashba) interpret this law as referring to an eruv chatzerot. There a chezkat kiyyum is not necessary, for an eruv chatzerot is only a Rabbinic institution (in contrast to an eruv t'chumin, which involves a prohibition that has its source in the Torah itself).
Nevertheless, it is possible to justify the Rambam's decision, for the prohibition against going beyond two thousand cubits is Rabbinic in origin (Hilchot Shabbat 27:1). Accordingly, since we are sure that the food set aside for the eruv can be eaten before the commencement of the Sabbath, and the doubt is merely whether the eruv was made at the proper time, the question concerns a matter of Rabbinic law. Therefore, we follow the principle, "Whenever there is a doubt concerning a point of Rabbinic law, the more lenient opinion is followed."
The Shulchan Aruch (Orach Chayim 415:3) quotes both views (although the Rambam's appears to be favored). The Mishnah Berurah 415:11 favors the other view.
|
| 38. |
Although at the outset, an eruv chatzerot may be established beyn hash'mashot (see Chapter 1, Halachah 21), the laws regarding an eruv t'chumin are more severe (Rambam's Commentary on the Mishnah, Shabbat 2:6).
|
| 39. |
Although the stones are muktzeh and removing them on the Sabbath would be forbidden, since a mitzvah is involved there is no prohibition against removing them beyn hash'mashot.
|
| 40. |
For at the time the eruv was established it was valid, and what happens afterwards is of no consequence. (See also Chapter 1, Halachah 21.)
|
| 41. |
As mentioned above, it is forbidden to partake of terumah if it is ritually impure. In this instance, however, there is a doubt and we do not know if, in fact, the terumah has contracted ritual impurity or not.
|
| 42. |
With this phrase, the Rambam clarifies his position with regard to a question asked by many authorities based on the situation described in Halachah 13. As mentioned in the notes on that halachah, many authorities maintain that an eruv is considered acceptable when there is a doubt regarding its validity only when it possesses a chezkat kiyyum. As proof, they point to this law, which appears to indicate that the eruv is not considered acceptable because it was never known to be valid.
The Rambam explains that the reason why the eruv is not acceptable in this instance is not that it lacks a chezkat kiyyum, but because it may never be eaten. Because of the doubt involved, it is forbidden to partake of this loaf.
To summarize, in the instances mentioned in the previous halachot, the doubt revolves around the acceptability of the eruv. Therefore, we follow the principle, "when there is a doubt [with regard to the validity of] an eruv, it is considered acceptable." In this halachah, the doubt is whether theterumah may be eaten. This is a question of Torah law, and we are required to rule stringently (Noda BiY'hudah, Yoreh De'ah, Vol. I, Responsum 65).
|
| 43. |
Although there is a pure loaf there, since we do not know which loaf it is, the meal is not fit to be eaten.
|
| 44. |
We are not certain that the sanctity with which it had been endowed has departed until nightfall. At that time, it is too late to establish an eruv.
|
| 45. |
Food from which terumah and/or the other agricultural requirements were not separated. It is forbidden to be eaten until these separations are made.
|
| 46. |
See Chapter 1, Halachah 22.
|
| 47. |
This ruling is the subject of a debate among our Sages (Eruvin 26b). The Rambam follows the more stringent view. Although other authorities accept the more lenient ruling, the Shulchan Aruch(Orach Chayim 409:1) cites the Rambam's decision. (See Be'ur Halachah.)
|
| 48. |
The difficulty is not in the actual placement of the eruv beyn hash'mashot, for the placement of aneruv is a mitzvah and the mitzvot were not given for our personal benefit. The difficulty arises afterwards. Since the person desires that the eruv be maintained in the cemetery, he is deriving benefit from it. Hence, it is forbidden to establish an eruv in this manner (Eruvin 31a; Rambam's Commentary on the Mishnah, Eruvin 3:1).
(See the gloss of Rabbi Akiva Eiger, who asks why the eruv is unacceptable. Although it is forbidden to derive benefit from the cemetery in this manner, the fact that a person violates this prohibition should not invalidate his eruv.)
|
| 49. |
A field or yard that was plowed despite the fact that a grave was located there. Our Sages feared that some of the bones of the corpse became strewn throughout the field. Hence, they considered it to be impure ground (Hilchot Tum'at Meit 10:1).
|
| 50. |
A compartment carried by other people or animals. Since there is a board below him, he does not contract ritual impurity when he passes above a grave or a corpse (tum'at ohel). (See the Rambam's Commentary on the Mishnah, ibid..)
|
| 51. |
Our translation is based on the Rambam's Commentary on the Mishnah (ibid.). Others explain that this refers to blowing away any chips of bone.
|
| 52. |
In contrast to an eruv chatzerot, the equivalent of two meals is required for every participant in theeruv, regardless of the number of the participants. The rationale is that through depositing theeruv, the person establishes the place in which he has deposited it as his "place" for the Sabbath. This must be done for every person participating in the eruv (Rambam's Commentary on the Mishnah, Eruvin 8:1).
|
| 53. |
Note the parallel to Chapter 1, Halachah 17.
|
| 54. |
As in Chapter 1, Halachah 20.
|
| 55. |
In contrast to an eruv chatzerot, which, in most circumstances, is considered to be a benefit to a person unless he explicitly objects, an eruv chatzerot is dependent on the person's consent. For by extending his Sabbath boundaries in one direction, it reduces them in the other direction.
|
| 56. |
The Mishnah Berurah 413:6 cites opinions that state that it is acceptable if one received notification beyn hash'mashot.
|
| 57. |
Eruvin 82a, explains that thisis dependent on the principle of b'reirah - i.e., when a person decides to rely on the eruv retroactively, it becomes clarified that this was his original intent.
|
| 58. |
See Chapter 1, Halachah 20.
|
| 59. |
In contrast to a storekeeper or a baker, we assume a private person will fulfill the request made of him.
Generally, our Sages ordained that even when a purchaser has already paid for the item he purchased, the transaction is not finalized until he draws the item he purchased after him [(meshichah), Hilchot Mechirah 3:1]. In this instance, they allowed leniency, accepting the Torah's ruling that a sale is finalized by the purchaser's payment of money.
|
| 60. |
For it is possible that the storekeeper will forget and not have another person acquire a share in the eruv (Rambam's Commentary on the Mishnah). Note the Maggid Mishneh, who offers a different explanation.
See also the Tur and the Shulchan Aruch (Orach Chayim 369:1), who interpret these laws as referring to an eruv chatzerot and do not mention them within the context of an eruv t'chumin.
|
| 61. |
Since the person makes an explicit statement, we assume that the storekeeper will remember to do so.
|
| 62. |
The Maggid Mishneh explains that, in contrast to a transaction made with money, a transaction made by exchanging articles is completed at the moment of the exchange. (See Hilchot Mechirah5:1.) Therefore, the bread belongs to the person and can be used for the eruv.
Based on the Rambam's Commentary on the Mishnah cited previously, Rav Kapach offers a different interpretation: that since he will have to appraise the utensil or sell it, the storekeeper will remember to establish the eruv.
|
| 63. |
Children below the age of majority do not have an independent halachic status.
|
| 64. |
Canaanite servants are obligated to fulfill all the negative commandments of the Torah (including the obligation to keep the Sabbath limits). They are not, however, granted any independent decision-making capacity, and instead are considered as their owner's property.
|
| 65. |
The Shulchan Aruch 414:1 states that this ruling applies even if they do not depend on their father or master for their sustenance.
|
| 66. |
All these individuals possess the halachic right to make their own decisions, and their relationship with their father, master, or husband is no different from that between two other individuals.
|
| 67. |
Since there is a high probability that these individuals will desire to rely on this eruv, there is no need for them to express their consent. The failure to object is sufficient. The Mishnah Berurah414:4 adds a further leniency. Even if they were not notified about the eruv until after nightfall, since it can be assumed that they will desire to rely on the eruv, it is acceptable.
|
| 68. |
In other halachic contexts as well (see Hilchot Sukkah 6:1), a child is considered to be dependent on his mother until the age of six. (See the Mishnah Berurah 414:7, which cites other opinions that require a separate eruv to be established for a child below the age of six.)
|
| 69. |
And having charged the agent with this mission, he can rely on the agent to have deposited theeruv. He need not check to see if he has, in fact, done so (Eruvin 32b).
|
| 70. |
These individuals are not considered to be responsible for their actions and may not serve as agents. There is, however, a difference regarding an eruv chatzerot, for in that context, all that is necessary is that they collect the food.
|
| 71. |
I.e., a Sadducee or a Samaritan (Rambam's Commentary on the Mishnah, Eruvin 3:2). Needless to say, a gentile may not serve in this capacity, for he can never serve as an agent.
|
| 72. |
The only reason it is necessary for him to watch is so that he knows that the eruv has in fact reached his agent (Eruvin, ibid.).
|
| 73. |
The Maggid Mishneh explains that since this is a question of Rabbinic law, the principle of b'reirahis employed. This means that retroactively, it is considered that the decision made by the agent expressed the intent of the person who charged him with establishing the eruv.
|
| 74. |
Even if they did not know the direction in which the eruv was established until after nightfall (Maggid Mishneh, Mishnah Berurah 409:52).
|
| 75. |
Because the agent did not carry out the instructions given to him. These rulings apply regardless of whether the agent establishes the eruv with food belonging to him or with food belonging to the person who sent him (Mishnah Berurah 409:53).
|
| 76. |
Chapter 1, Halachah 16. The very same blessing is recited for an eruv t'chumin. See also the notes on that halachah, which explain why a blessing is recited before the performance of a Rabbinic commandment.
|
| 77. |
Note the Ra'avad, who objects to the recitation of a blessing for this mitzvah, for in contrast to other Rabbinic mitzvot, the institution of an eruv t'chumin does not introduce any new practice. Even an eruv chatzerot makes one conscious of the prohibition against carrying in a public domain. An eruv t'chumin, by contrast, merely grants a person a leniency.
The Maggid Mishneh explains the rationale for the Rambam's ruling. In practice, as stated in theShulchan Aruch (Orach Chayim 415:4), the custom is to recite a blessing.
|
| 78. |
Note the Mishnah Berurah 415:15, which states that if a person fails to make a statement of this nature, the eruv is not acceptable. As mentioned in the notes on the following chapter, this applies, however, only when one has deposited food for the eruv, and not when one has actually walked there oneself.
See also the Mishnah Berurah 415:16, which mentions that in his statement the person should specify that he is establishing the eruv for the following day, or for all the Sabbaths of the coming year.
|
Shemita - Chapter 3
Halacha 1
It is a halachah conveyed to Moses at Sinai1 that it is forbidden to work the land2 in the last 30 days of the sixth year, just before the Sabbatical year, because one is preparing for the Sabbatical year. This concept - i.e., the prohibition [to work the land] established by tradition - applies in the era of the Temple [alone]. Our Sages [extended that prohibition], decreeing that one should not plow an orchard in the year preceding the Sabbatical year in the era of the Temple after Shavuot, nor a field of grain after Pesach. In the era where the Temple does not stand, we are permitted to perform agricultural work until Rosh HaShanah, as [permitted by] Scriptural Law.3
Halacha 2
What is meant by an orchard?4 Any place where there are three trees in an area large enough to sow a se'ah of grain.5 Whether these are fruit-bearing trees or not and even when they belong to three different people, we consider them as if they were fig trees.6 If they were fit to produce a mass of dried figs of a weight of 60 maneh,7 we may plow the entire field because of them. [This applies] provided there is sufficient distance between them that cattle can pass through together with their implements.8
Halacha 3
[Different laws apply] if there were less than three trees in an area fit to sow ase'ah or there were three, but [only] one was fit to produce 60 maneh or more and the other two were not fit to produce [a significant amount]9 or there were two fit to produce even 100 maneh and one is not fit to produce [a significant amount]. We may plow only the portion of the field necessary for [these trees], i.e., [an area whose radius is the space in which could stand] a person picking figs together with his basket.
Halacha 4
If there were between three and nine trees and they were fit to produce 60maneh, we may plow the entire field for their sake, even though there are some trees that are not fit to produce [a significant quantity of] fruit.10
Halacha 5
When there are ten or more trees in an area fit to sow a se'ah, whether they are fit to produce [the above quantity of fruit] or not, we may plow the entire area for their sake [until Shavuot].11 If there were ten plantings12spread out13 in an area fit to sow a se'ah, we may plow the entire area for their sake until Rosh HaShanah.14 This is a halachah conveyed to Moses at Sinai.
Halacha 6
Halacha 7
What is meant by a planting? A sapling for as long as it is called a planting.18
Halacha 8
[The following rules apply when] a tree was cut off and a new tree grew from its stump. If it was cut off a handbreadth or more above the ground, it is considered as a tree. If it was cut off lower than a handbreadth, it is considered as a planting.19
Halacha 9
All of the above applies in the era of the Temple, as we stated.20 In the present era, by contrast, we are permitted to work the land until Rosh HaShanah. [Moreover,] even in the era of the Temple, it is permitted to remove stones from fields and fertilize them21 and to hoe22 in zucchini and squash gardens23and in parched land until Rosh HaShanah. Similarly, one may fertilize saplings,24remove dried leaves and branches from them, apply dust to them, smoke under them, rip off stalks, trim their far-spreading branches, and apply foul-smelling matter to them. We may wrap their branches, trim them, make shelters around them,25 place water upon them, apply oil to the unripened fruit and perforate them. All of these tasks are permitted in the year preceding the Sabbatical year until Rosh HaShanah of the Sabbatical year even in the era of the Temple.
Halacha 10
When unripened fruit from the sixth year enter the Sabbatical year or such fruit from the Sabbatical year enter the eighth year, we may not26 apply oil to them or perforate them.27 In the era of the Temple, one may not build steps at the entrance to valleys in the sixth year after the rains cease, because he is preparing for the seventh year.28
Halacha 11
Even in the present age, we may not plant trees, graft trees, or extend vines29in the sixth year unless there is time for the planting to become rooted30 and remain after taking root thirty days before Rosh HaShanah of the Sabbatical year. Usually, it takes two weeks [for a plant] to take root.
This is forbidden at all times, because of the impression that might be created, lest an observer think that they were planted in the Sabbatical year.31 Thus if a person planted, grafted, or extended [a tree of vine] in the sixth year, 44 days before Rosh HaShanah, he is allowed to maintain it. If he did so for a lesser time, he must uproot it. If he did not uproot it, however, the fruit it produces is permitted. If he dies before he uprooted it, we obligate the heir to uproot it.32
| FOOTNOTES | |
| 1. |
I.e., a tradition conveyed by the Oral Law, for which there is no explicit reference in the Written Law.
|
| 2. |
The Rabbis debate whether this prohibition applies to work with the land alone or also to work with trees. See Halachah 9 and notes.
|
| 3. |
In his Commentary to the Mishnah (Sh'vi'it 1:1), the Rambam explains that Rabban Gamliel released this prohibition after the destruction of the Temple, because he maintained that the prohibition applied only when the Temple was standing.
|
| 4. |
Which is allowed to be plowed until Shavuot.
|
| 5. |
I.e., 50 cubits by 50 cubits.
|
| 6. |
I.e., we estimate whether a fig tree with dimensions similar to this tree would produce 60 maneh of figs.
|
| 7. |
A maneh is one pound in contemporary measure (Shiurei Torah, p. 118). Rav Kehati (Sh'vi'it 1:2) considers it to be 400 grams, a slightly smaller measure.
|
| 8. |
Our Sages determined this to be four cubits. The rationale is that if they are grouped closer together the cattle will uproot them when trying to pass. See Bava Batra 83a.
|
| 9. |
Although the one tree produced the amount required of the entire orchard, since the other trees are not fit to produce any produce at all, they are not considered significant.
|
| 10. |
The Rambam interprets this as referring to a situation where all the trees together are fit to produce 60 maneh, although some individual trees are not fit to produce a significant amount. The Ra'avad offers a different interpretation of Sh'vi'it 1:3, the Rambam's source. Rabbenu Shimshon also interprets the mishnah in that manner and the Radbaz and the Kessef Mishneh agree that, at first glance, their interpretation fits the wording of the mishnah more easily than the Rambam's.
|
| 11. |
For even if they are not fit to produce fruit, such a large amount of trees is significant.
|
| 12. |
Saplings that were recently planted [the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6)]. See also Halachah 7.
|
| 13. |
Since they are saplings, they do not derive nurture from as wide an area as mature trees with longer roots do. Hence unless the saplings are spread out, this leniency is not granted (Radbaz).
|
| 14. |
More leniency is granted with regard to the saplings, because they need greater care (ibid.).
|
| 15. |
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6).
|
| 16. |
For they will not derive nurture from the entire field and it would appear that one is plowing the field for its own sake (Radbaz, Kessef Mishneh).
|
| 17. |
In his Commentary to the Mishnah (ibid.:7), the Rambam quotes the Jerusalem Talmud which states that this applies only to a Greek squash plant which is large like a tree. The Radbaz states that the majority of the ten must be saplings.
|
| 18. |
This is Rabbi Akiva's opinion in (Sh'vi'it 1:8). Others maintain it is given that status until three years (or seven) years have passed.
|
| 19. |
In his Commentary to the Mishnah (ibid.), the Rambam states that this view is accepted, because it is supported by a Tosefta. The commentaries have questioned which Tosefta the Rambam is referring to.
The Rambam's ruling has also attracted attention, because it appears to contradict his ruling inHilchot Ma'aser Sheni 10:13 which states: "When a tree was cut down from above the earth and [a new tree grew from its roots], the prohibition of orlah applies." The implication there is that as long as the stump of the tree is above the earth, the laws of orlah do not apply. Only when it is cut down from below the earth is it considered like a new tree. Here, by contrast, even a handbreadth above the ground is considered as an existing tree.
The rationale for the distinction can be explained as follows: In this context, we follow the figures of speech employed by people at large. As long as the stump is within a handbreadth of the ground, people will consider any new growth as a new entity. When, by contrast, the stump is more than a handbreadth, it is significant and any new growth is considered as an extension of the existing plant (Rav Yosef Korcus).
|
| 20. |
Halachah 1.
|
| 21. |
These and the following activities are forbidden in the Sabbitical year itself only by virtue of Rabbinic decree. Our Sages were not overly stringent and did not enforce these prohibitions in the months preceding the Sabbatical year.
|
| 22. |
For hoeing is not plowing.
|
| 23. |
Our translation for these and the following terms are derived from the Rambam's Commentary to the Mishnah (Sh'vi'it 2:1-5). Many of the activities mentioned were described in Chapter 1, Halachah 5, and notes.
The Tosafot Yom Tov(Sh'vi'it 2:2) explains that this leniency was granted in gardens where these plants grow and not in fields at large, because in the instance of these plants, the hoeing benefits the plants directly and not merely the field.
|
| 24. |
The first clause dealt with work with the land that is permitted in the latter months of the sixth year. This clause mentions work with trees. From this halachah it appears that the prohibition conveyed as a halachah to Moses at Sinai mentioned in Halachah 1 does not apply to work with trees.
|
| 25. |
To protect them from rain or sun.
|
| 26. |
Note Rav Kappach's edition of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:5) which states that the text of that source also reflects this ruling. (He maintains that there is a printing error in the standard published text of that source. According to his view, the Rambam did not reverse his opinion regarding this law as some maintain.)
|
| 27. |
Even though the fruit reaches a third of its growth before the Sabbatical year begins or does not reach that point of growth until after the the Sabbatical year ends, this restriction is still applied, because of the impression the performance of these tasks will create.
|
| 28. |
I.e., it might appear that the steps are being built so that a person will be able to descend and irrigate his fields in the valley in the Sabbatical year.
|
| 29. |
I.e., replant the head of a vine or the trunk of a tree in the ground so that it will develop new roots and another source of nurture. Thus new growths will emerge from it [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:6)].
|
| 30. |
Our translation is taken from the above source.
|
| 31. |
Rabbi Akiva Eiger explains the basis for such a supposition. If the tree is not planted before 44 days preceding the new year, we count the beginning of its orlah years from Rosh HaShanah (Hilchot Ma'aser Sheni 9:10). Thus it will be considered halachically as if the tree was planted in the Sabbatical year.
|
| 32. |
I.e., the heir must also help prevent the misimpression from being created. For this reason, the leniency shown in Chapter 1, Halachah 13, is not shown here.
|
Shemita - Chapter 4
Halacha 1
All produce that grows from the earth1 in the Sabbatical year:2 whether it grew from seeds that fell into the earth before the Sabbatical year, it grew from roots whose plants were harvested previously, but nevertheless grew again - in both instances [such produce] is referred to with the term safiach3 - or grasses and vegetables that grew on their own accord [in the Sabbatical year], is permitted to be eaten according to Scriptural Law,4 as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours to eat." Even when a field was plowed thoroughly5 in the Sabbatical year, and produce grew in it, that produce is permitted to be eaten. The statement [ibid.:] "Do not reap the aftergrowth of your harvest" means that one should not reap it in the same manner as one does every year.6 If one reaps it according to the ordinary manner, he is worthy of lashes. For example, he harvested the entire field, set up a grain heap, and threshed it with cattle or harvested it for the sake of tilling the land as we explained.7 Instead, he should reap it little by little, beat it,8 and partake of it.
Halacha 2
According to Rabbinic decree, all the sifichim are forbidden to be eaten. Why was a decree established concerning them? Because of the transgressors, so that they could not go and sow grain, beans, and garden vegetables in one's field discretely and when they grow, partake of them, saying that they aresifichim. Therefore the Sages prohibited all the sifichim that grow in the Sabbatical year.
Halacha 3
Thus we have learned that the only produce of the Sabbatical year of which one may partake are fruit from trees9 and herbs that are not sown by most people,10e.g., rue, amaranth,11 and the like. With regard to vegetables that most people sow in their gardens and species of grains and beans, by contrast, anything that grows from these species is forbidden according to Rabbinic decree. One who gathers them12 is liable for stripes for rebellious conduct.
Halacha 4
When sifichim grow in an underdeveloped field,13 a field that was plowed, a vineyard, and a field where crops had been sown,14 they are permitted to be eaten.
Why was the above decree not applied to these places? Because a person will not sow these fields. [He will not sow] an underdeveloped field, because no one pays attention to it. When a field has been plowed, [the owner] desires that it remain lying fallow. With regard to a vineyard, no person will cause his vineyard to become forbidden.15 And when a field has been sown, the aftergrowth will spoil it. Similarly, straw that grows in the Sabbatical year is permitted in all places; no decree was issued against its use.16
Halacha 5
Halacha 6
Halacha 7
When onions of the Sabbatical year enter the eighth year, they are permitted when there is enough time for produce of that size to have grown [in the eighth year].22 If not, they are forbidden.23
Similar concepts apply with regard to other produce. They should not be purchased in the eighth year24 until produce of that size could have grown in the eighth year. When, in the eighth year, the produce which grows rapidly reaches [the size of the produce which grew in the Sabbatical year], the prohibition is lifted from the produce that remains.25 It is permitted to purchase garden vegetables in the eighth year immediately.26
Halacha 8
When is a person permitted to purchase wild onions in the eighth year? When the new produce exceeds [the old].27
Halacha 9
The first of Tishrei is Rosh HaShanah with regard to the Sabbatical and Jubilee years.28 [The following rules apply with regard to] produce of the sixth year that enters the Sabbatical year. Grain, legumes, or fruit29 that reached the stage when tithes are required to be separated30 before Rosh HaShanah [of the Sabbatical year] are permitted [to be reaped]. Even though they are gathered in the Sabbatical year, they are considered like produce of the sixth year in all regards.31 If they did not reach the stage when tithes are required to be separated until after Rosh HaShanah, they are considered as produce of the Sabbatical year.32
Halacha 10
Halacha 11
When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed,35 [the ruling depends on] when the produce completes its growth.36 If its growth is completed before Rosh HaShanah, these [seeds] are permitted [to be harvested] in the Sabbatical year like the produce of the sixth year. If their growth is completed after Rosh HaShanah, even though [the plants] took root before Rosh HaShanah, they are forbidden as sifichin.
Halacha 12
[The ruling regarding] vegetables [depends] on the time they were harvested.37
With regard to an esrog, even if it was the size of a bean before Rosh HaShanah [of the Sabbatical year] and grow to the size of a loaf of bread in the Sabbatical year, it is obligated to be tithed like the produce of the sixth year.38[Conversely,] even if it had reached the size of a loaf of bread in the sixth year, since it was reaped in the Sabbatical year, it is considered as the produce of the Sabbatical year.39 As a stringency, the tithes are separated like the produce of the sixth year.
Halacha 13
Similarly, when the produce of the Sabbatical year is reaped in the eighth year: With regard to grain, legumes, and the fruit of the trees, [the ruling depends on when the produce reached] the stage when tithes are required to be separated.40 When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed, [the ruling depends on] when the produce completes its growth.41 [The ruling regarding] vegetables [depends] on the time they were harvested.42
Halacha 14
When one sowed Egyptian beans for seed in the sixth year and the produce was completed before Rosh HaShanah of the Sabbatical year, both its vegetables and its seed are permitted in the Sabbatical year.43 If one sowed it to use as a vegetable44and it entered the Sabbatical year, both its vegetables and its seed are forbidden like the sifichin of the Sabbatical year. Similarly, if he sowed it both for its seed and to use as a vegetable, it is forbidden.45
Halacha 15
[The following rules apply if] one transgressed and sowed [such beans] in the Sabbatical year, [their growth was completed in the Sabbatical year,] but they remained [in the ground] until eighth year: If they were sown for seed,46 both the seed and the vegetables are forbidden in the eighth year like other sifichin. If one sowed it to use as a vegetable, since it was harvested in the eighth year, both its vegetables and its seed are permitted.47 If he sowed it both for its seed and to use as a vegetable, its seed is forbidden as sifichin and its vegetables are permitted.
Halacha 16
Since white figs48 take three years before their growth is completed, if they reach the stage when tithes are required to be separated before Rosh HaShanah of the eighth year,49 they should be eaten in the second year of the seven year cycle according to the restrictions50 governing fruit of the Sabbatical year.
Halacha 17
Onions that will not produce scallions51 and Egyptian beans from which water was withheld for 30 days before Rosh HaShanah and onions that do produce scallions52 from which water was withheld for three irrigation periods53 before Rosh HaShanah are considered as the produce of the sixth year.54 If water was withheld from them for a shorter period, they are considered as sefichin from the Sabbatical year.55
Halacha 18
[The following laws apply with regard to] gourd plants which were maintained [in the ground] to produce seed. If they became hard56 before Rosh HaShanah and thus were unfit for human consumption, it is permitted to maintain them in the Sabbatical year, for they are from the produce of the sixth year.57 If not,58they are considered as sefichin from the Sabbatical year.59
Similar [laws apply with regard to] vegetables. Any ones that become hard before Rosh HaShanah are permitted to be maintained in the Sabbatical year.60If they were soft,61 it is forbidden to maintain them, as [is the law regarding]sefichin.62
We do not require a person to uproot wild onions. Instead, we allow him to leave them in the ground as they are.63 If they grow in the eighth year, they are permitted. Similarly, we do not require him to uproot an artichoke plant.64 All that is necessary is to cut off its leaves.65 If it grows again in the eighth year, it is permitted.
Halacha 19
Halacha 20
When, in the Sabbatical year, rain descended upon onions70 and they sprouted leaves, the leaves are permitted as long as they are light green.71 If they have turned dark,72 it is considered as if the plants were planted in the earth and those leaves are forbidden as sefichin. In both situations, the onions themselves remain permitted.73
Halacha 21
When an onion was uprooted in the Sabbatical year and replanted in the eighth year and its growth exceeded its original size, the additional growth elevates the original mass74 and the entire [onion] is permitted. [The rationale is that] since the prohibition of the Sabbatical year comes about via the earth,75 it can be removed via the earth.76
Halacha 22
Fruits produced by a tree in the Sabbatical year should not be reaped in the same manner as they are reaped every year,77 as [Leviticus 25:5] states: "The grapes you had designated you shall not gather."78 One who reaps grapes to improve the vine or in the ordinary manner of reaping is liable for lashes.
Halacha 23
How should one conduct himself?79 Figs of the Sabbatical year should not be set out to dry in the place where they are usually set out to dry. They can, however, be left to dry in a ruin.80 We may not crush grapes81 in a vat, but they may be crushed in a kneading trough. Olives should not be crushed82 in a press, but they may be squeezed and placed in a very small press. One may grind them83 in the oil press and place them in a small press. Similarly, with regard to other matters, [the fundamental rule is]: One should deviate from the norm in whatever way possible.
Halacha 24
It is a positive commandment84 to divest oneself from everything that the land produces in the Sabbatical year, as [Exodus 23:11] states: "In the seventh [year], you shall leave it untended and unharvested."
Anyone who locks his vineyard or fences off his field in the Sabbatical year has nullified a positive commandment.85 This also holds true if he gathered all his produce into his home. Instead, he should leave everything ownerless. Thus everyone86has equal rights in every place, as [ibid.] states: "And the poor of your people shall partake of it." One may bring a small amount into one's home, just as one brings from ownerless property,87e.g., five jugs of oil, fifteen jugs of wine.88 If he takes more than that, it is permitted.89
Halacha 25
[The laws of] the Sabbatical year are observed only in Eretz Yisrael alone, as [Leviticus 25:2] states: "When you will come to the land...."90 It is observed while the Temple is standing and when the Temple is not standing.91
Halacha 26
In the entire area taken possession of by the Jews who ascended from Babylonia until Kziv,92 it is forbidden to work the land and the sifichin that grow there are forbidden to be eaten. In the entire area that was taken possession of only by the Jews that ascended from Egypt, i.e., from Kziv to the River [of Egypt]93 and to the Umanum Mountains,94 even though it is forbidden to till [the land] in the Sabbatical year, the sifichin that grow there are permitted to be eaten. From the River [of Egypt] and from the Umanum Mountains [onward], one may till [the land] in the Sabbatical year.95
Halacha 27
Although the Sabbatical year is not observed in Syria96 according to Scriptural Law, [our Sages] decreed that it would be forbidden to till it in the Sabbatical year like Eretz Yisrael, so that [the Jewish people] would not abandon Eretz Yisrael and go and settle permanently there. In Ammon, Moab,97 Egypt, and Babylonia, by contrast, though the tithes must be separated according to Rabbinic Law,98 the Sabbatical year is not observed.
Halacha 28
Halacha 29
When a gentile purchases land in Eretz Yisrael and sows it in the Sabbatical year, the produce is permitted.101 For our Sages decreed that sifichin should be forbidden only as a safeguard against transgressors and the gentiles are not commanded to observe the Sabbatical year. Thus there is no need to institute a safeguard for them.
Halacha 30
In the cities of Eretz Yisrael that are close to the border, we appoint a trustworthy watchman so that the gentiles will not spread [through the land] and take the produce of the Sabbatical year.102
| FOOTNOTES | |
| 1. |
As opposed to fruit; see Halachah 3.
|
| 2. |
As indicated by Halachah 9, this refers to produce that reached the stage of growth that obligates the separation of tithes - i.e., one third of its growth - after Rosh HaShanah of the Sabbatical year. If the produce reached this stage of growth beforehand, it is permitted to be harvested in the Sabbatical year.
|
| 3. |
This term is generally translated as "aftergrowth."
|
| 4. |
There is an opinion that such produce is forbidden according to Scriptural Law, but the Rambam's view follows the opinion of Menachot 5b.
|
| 5. |
Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 4:2, based on the Jerusalem Talmud).
|
| 6. |
Sefer HaMitzvot (negative commandment 222) and Sefer HaChinuch (mitzvah 328) includes this commandment among the 613 mitzvot of the Torah.
|
| 7. |
I.e., harvesting produce will enable the land to generate better produce in the future. This apparently is the intent of Chapter 1, Halachah 1.
|
| 8. |
To separate the grain from the chaff.
|
| 9. |
For fruit will grow from trees without any effort on man's part.
|
| 10. |
Since they are not sown by most people, there is no reason to forbid them from being reaped in the Sabbatical year, for it is unlikely that anyone would plant them.
|
| 11. |
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).
|
| 12. |
The Radbaz questions the Rambam's statement, for seemingly, the Rabbinic decree was against eating, not gathering. He, however, states that from the Jerusalem Talmud (Sh'vi'it 9:1), it would appear that the decree also included gathering the aftergrowth.
|
| 13. |
In his Commentary to the Mishnah (Pe'ah 2:1), the Rambam defines this term as a field left desolate and untilled.
|
| 14. |
Apparently, this refers to a field where crops had been sown in the sixth year and they reached more than a third of their growth in that year. Hence, it is permitted to harvest them in the Sabbatical year.
|
| 15. |
For that would bring about the violation of the prohibition of kilayim, mixed species in a vineyard, and cause the vineyard to become forbidden. See Hilchot Kilayim 6:1.
|
| 16. |
Although it is not forbidden, it must be treated with the holiness of the Sabbatical year (Ra'avad; see Chapter 5, Halachah 19-20, 23).
|
| 17. |
I.e., that attained one third of their growth in the Sabbatical year.
|
| 18. |
If the aftergrowth of the Sabbatical year was allowed, it is possible that transgressors would sow their fields at the end of the Sabbatical year and then say that the crops that are growing are merely an aftergrowth.
|
| 19. |
And in that way, destroy the crops. We are not concerned with the fact that they will fertilize the field or serve as food for his animals, for there is no prohibition against benefiting from the aftergrowth.
|
| 20. |
For by that time, the majority of the produce will have grown in the eighth year. The Ra'avad questions the Rambam's source. The commentaries maintain that it follows the wording of the version of the Jerusalem Talmud, Demai 2:1, possessed by the Rambam.
|
| 21. |
The rationale is that this produce is brought about by a combination of two factors: one (the earth) which is permitted and one (the aftergrowth) which is forbidden. In such situations, the produce is permitted. See Hilchot Ma'aser Sheni 10:21.
|
| 22. |
For it is possible that these are onions of the eighth year. And if they are from the Sabbatical year, it is possible that they increased their size to the extent that the majority of their growth took place in the eighth year (Radbaz).
|
| 23. |
Lest one be partaking of an onion that grew in the Sabbatical year.
|
| 24. |
From a person who is suspect of violating the prohibitions of the Sabbatical year.
|
| 25. |
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 6:4).
|
| 26. |
See Halachot 12-13.
|
| 27. |
The Radbaz quotes the Jerusalem Talmud (Sh'vi'it 5:5) as explaining that this refers to after the Pesach festival.
|
| 28. |
The year is considered to begin from that date. See also Chapter 10, Halachah 4.
|
| 29. |
The mention of fruit is somewhat problematic, because, as stated in Hilchot Ma'aser Sheni 1:2, the fifteenth of Shvat is "the New Year of the Trees." The Radbaz, however, explains that there is no contradiction. Each "new year" is considered in its own context. With regard to the calculation of the cycle of the tithes and the laws of orlah, the fifteenth of Shvat is "the New Year of the Trees." With regard to the prohibitions of the Sabbatical year, by contrast, the new year begins on Rosh HaShanah.
The Shelah, however, states that even with regard to the Sabbatical year, the fifteenth of Shvat is the Rosh HaShanah of the Trees and wit regard to them, the laws of the Sabbatical year begin from that date. This is the present practice in Eretz Yisrael.
|
| 30. |
I.e., one third of its growth.
|
| 31. |
It is permitted to harvest them and partake of them without any restrictions. Nor are they endowed with the holiness of the crops of the Sabbatical year. Similar laws apply with regard to the separation of tithes (ibid.).
|
| 32. |
As explained in the following halachah.
|
| 33. |
And harvested.
|
| 34. |
See Chapters 5-6.
|
| 35. |
From Rav Kappach's translation of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:8), it appears that the intent is that his purpose is to use the kernels as seed and not to partake of them. Others, however, interpret the Rambam's as meaning that he desires to eat the seeds and not the pods. Were the person concerned with eating the pods - or even the kernels according to the first interpretation - the plants would be considered like vegetables; see Halachah 14.
|
| 36. |
I.e., they are not considered like vegetables in which the time when they are gathered determines the ruling (Halachah 12), because they are not gathered immediately after their growth is completed, but rather left growing in the earth so that they dry. Nor are they considered like grain or beans in which instance, the time when they reach one third of their growth determines the ruling (Halachah 9), because they complete their growth at different times. See also Hilchot Ma'aser Sheni 1:8 which sets these species aside from others.
|
| 37. |
It is bound by the agricultural laws governing the year in which it was reaped (ibid.:4).
|
| 38. |
The produce of the Sabbatical year need not be tithed. Nevertheless, as a stringency, the ruling governing an esrog is dependent on when the fruit first budded (Rosh HaShanah 15b). Hence, it is necessary to tithe such an esrog. Compare to ibid. 1:6.
|
| 39. |
And must be eaten with consideration shown for the special holiness of that year (Radbaz).
|
| 40. |
As in Halachah 9. Thus if they complete one third of their growth before the advent of the eighth year, they are considered as produce of the Sabbatical year.
|
| 41. |
As in Halachah 11. I.e., whether in the Sabbatical year or in the eighth year.
|
| 42. |
As in Halachah 12. The Rambam does not mention the laws pertaining to an esrog, because since it is reaped in the eighth year, it is considered entirely as the produce of the eighth year. None of the restrictions of the Sabbatical year apply and tithes must be separated.
|
| 43. |
Since it was sowed for seed, that intent determines the ruling, and the laws stated in Halachah 11 apply. Since as a whole, the plant is considered as the produce of the sixth year, even if part of the plant is harvested as a vegetable, we are not concerned about when it was harvested and it is still considered as produce of the sixth year.
|
| 44. |
The ruling is governed by that intent and the laws mentioned in Halachah 12 apply, even to the seeds.
|
| 45. |
Because of the impression that might be created. With regard to this question, the standard published text of the Jerusalem Talmud (Sh'vi'it 5:5) states that the seed is permitted and the vegetable is forbidden. The Radbaz maintains that the Rambam's ruling should be interpreted in the same manner (as might be understood from the conclusion of the following halachah). TheKessef Mishneh suggests that perhaps the Rambam had a different version of the Jerusalem Talmud.
|
| 46. |
The ruling is determined by when the growth of the produce was completed, in this instance, the Sabbatical year. Hence, it is forbidden as are the other sifichin of that year (Halachah 5).
|
| 47. |
For the ruling concerning vegetables depends on when they were harvested.
The Ra'avad differs with the Rambam's ruling, maintaining that there is no room for leniency with regard to produce that was sown in the Sabbatical year. The Radbaz justifies the Rambam's ruling, maintaining that it is based on a passage from the Jerusalem Talmud. Rav Yosef Corcus explains that even though sowing the land involves a transgression and in the Sabbatical year, the crops should be uprooted, if that did not happen, the vegetables are not forbidden.
|
| 48. |
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 5:1).
|
| 49. |
As stated in Halachah 9, this is the determining factor with regard to fruit from trees. Hence they are considered as fruit of the Sabbatical year.
|
| 50. |
I.e., in a manner which acknowledges their holiness.
|
| 51. |
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 2:9). The termseris means "eunuch." It is used in this instance because generally, onions produce scallions if they are left in a moist place after being uprooted from the earth. Just as a eunuch cannot produce seed, this species does not produce scallions.
|
| 52. |
Here too our translation is based on the above source.
|
| 53. |
In that age, when water pumps and piping did not exist, irrigation was a much more complicated matter and plants would be irrigated at specific periods. When a farmer would like to harvest his produce, he begins withholding water from it beforehand, so that it will begin to dry.
|
| 54. |
Even if they are harvested in the Sabbatical year, for it is considered as if their growth was completed in the sixth year.
|
| 55. |
For it is considered as if they were still growing at the end of the sixth year.
|
| 56. |
They dried out [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:10)].
|
| 57. |
For they did not grow in the Sabbatical year.
|
| 58. |
And thus they grew in the Sabbatical year.
|
| 59. |
And they must be destroyed, for it is forbidden to take produce of the Sabbatical year and set it aside to be used for seed in future years (ibid.).
|
| 60. |
For they did not grow in the Sabbatical year.
|
| 61. |
And thus they grew in the Sabbatical year.
|
| 62. |
The Tosefta, Sh'vi'it 2:11 explains that the prohibition stems from the impression that might be created. An onlooker might think that they were planted in the Sabbatical year (Kessef Mishneh).
|
| 63. |
Wild onions grow in the ground for up to three years. Hence, there is no question about what an onlooker might say, for the majority of the produce will have grown at a time when it is permitted.
|
| 64. |
Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Uktzin 1:6). Our text follows the version of the Mishneh Torah published by Rav Shabse Frankel. The standard printed text offers a slightly different version. Since the artichoke plant grows primarily in the ground and that portion is not visible, it need not be uprooted.
|
| 65. |
This is necessary. Because the leaves are soft and edible, we are concerned with the impression an observer might receive.
|
| 66. |
The Rambam's Commentary to the Mishnah (Sh'vi'it 5:4) states that we are speaking about onions that have reached the stage that all that is necessary is to dig them out and uproot them.
|
| 67. |
Which become dried out (ibid.).
|
| 68. |
A plant which produces a powerful red dye.
|
| 69. |
Although using the metal hatchets would overturn the earth, this is not considered as tilling the land, because one's intent is obviously to harvest the produce (Radbaz).
|
| 70. |
We are speaking about onions that had completed their growth before the Sabbatical year, but had been left in the ground.
|
| 71. |
As long as the leaves are green, they are considered as if they come from the onion itself [the Rambam's Commentary to the Mishnah (Sh'vi'it 6:2)].
|
| 72. |
As the leaves grew, the onion produces roots. As the roots grow, the leaves turn dark green.
|
| 73. |
For their growth was completed before the advent of the Sabbatical year.
|
| 74. |
The onion becomes permitted when the majority of its mass is permitted. The new growth nullifies the forbidden matter.
|
| 75. |
I.e., growing in the earth in the Sabbatical year.
|
| 76. |
Increasing its size in the eighth year.
The Ra'avad objects to the Rambam's ruling, noting that the Jerusalem Talmud (Sh'vi'it 6:3) appears to imply that the leniency is granted only when the leaves of the onions were bent over. Otherwise, the onions remain forbidden. The Radbaz and the Kessef Mishneh justify the Rambam's ruling, stating that it reflects the treatment of the subject in the Babylonian Talmud (Nedarim 59b). Moreover, even the Jerusalem Talmud can be interpreted in this manner.
|
| 77. |
The prohibition does not prevent us from reaping the fruits of the trees during the Sabbatical year. On the contrary, the fruits are ownerless and are meant to be eaten by people at large, asLeviticus 11:39 states, "[The fruit produced as] the land rests shall be yours to eat." The point of the mitzvah is that one may not reap in the same manner that he usually does [the Rambam's Commentary to the Mishnah (Sh'vi'it 8:6)].
|
| 78. |
Sefer HaMitzvot (negative commandment 223) and Sefer HaChinuch (mitzvah 329) include this commandment among the 613 mitzvot of the Torah.
|
| 79. |
I.e., what changes should be made to the usual manner of reaping.
|
| 80. |
Our translation of this halachah is based on the Rambam's Commentary to the Mishnah (Sh'vi'it8:6).
|
| 81. |
To produce wine.
|
| 82. |
To extract their oil.
|
| 83. |
After olives were pressed once and the higher quality of oil extracted, the olives would be ground and pressed again to produce more oil. Compare to Hilchot Issurei Mizbeiach 7:8.
|
| 84. |
Sefer HaMitzvot (positive commandment 134) and Sefer HaChinuch (mitzvah 84) includes this commandment among the 613 mitzvot of the Torah.
The Rambam's wording implies that the commandment is incumbent on the person; he must consider his property ownerless. Other commentaries note that Bava Metzia 39a speaks of "the land being declared ownerless by the King," i.e., that automatically, the person's right to his produce is removed from him by Divine order. See Likkutei Sichot, Vol. XVII, p. 287ff., which clarifies the difference between these perspectives.
|
| 85. |
The Kessef Mishneh quotes the Mechilta which explains that according to Scriptural Law, it would appear that one should rip down the fences around his fields. Our Sages did not require that. They did, however, forbid erecting new fences.
|
| 86. |
The rich as well as the poor.
|
| 87. |
I.e., although the owner of the land does not have greater privileges than others, he does not have lesser privileges either and may take some of the produce.
|
| 88. |
For this is an ordinary amount which a person would store for immediate use. To set aside produce for long term storage is forbidden in the Sabbatical year.
|
| 89. |
For ultimately, he has not treated the field as his own, but has left it ownerless.
|
| 90. |
Implying that these mitzvot are observed only in that land.
|
| 91. |
For this reason, the laws of the Sabbatical year were observed even before the Temple was constructed (Radbaz).
Although the laws of the Sabbatical year are not dependent on whether or not the Temple is standing, they are dependent on the presence of the majority of the Jewish people in Eretz Yisrael, as stated in Chapter 10, Halachah 9. As stated in Halachah 8 of that chapter, after the exile of the tribe of Reuven and Gad, slightly more than a hundred years before the destruction of the First Temple, this criterion was not met and the Sabbatical year and many other mitzvot are observed only because of Rabbinic decree.
(As will be explained in the notes to that source, there is some difference of the opinion concerning both the actual ruling and the Rambam's stance on that issue.)
|
| 92. |
As the Rambam explains in Hilchot Terumah, ch. 1, and Hilchot Beis HaBechirah, ch. 6, when the Jews conquered Eretz Yisrael after the exodus from Egypt, the land became holy and all the agricultural laws incumbent on it took effect. After the exile of the tribes of Reuven and Gad, these laws no longer applied according to Scriptural Law. When Ezra led the people back from the Babylonian exile, he sanctified the land a second time according to Rabbinic decree. At this time, however, the people settled in a much smaller area than they had originally lived. Kziv was the northern boundary of that area and is considered outside the area. See the maps accompanying Hilchot Terumah, loc. cit. See also the Rambam's Commentary to the Mishnah (Sh'vi'it 6:1).
|
| 93. |
According to the Radbaz (Hilchot Terumah 1:9), this refers to Wadi el Arish and not the Nile. There are, however, other sources which identify "the River of Egypt" as the Nile.
|
| 94. |
A mountain range in Northern Lebanon. This represents the boundaries of the land conquered by the Jews after the Exodus from Egypt. As the Rambam explains, our Sages imposed certain restrictions on this land as well.
|
| 95. |
This area is considered as part of the Diaspora and none of the agricultural laws relating to Eretz Yisrael apply there. The Umanum Mountains themselves are part of the Diaspora.
|
| 96. |
"The lands which [King] David conquered outside of the Land of Canaan, e.g., Aram Naharaim, Aram Tzovah, Achlab [which are located slightly north of Eretz Yisrael]... before he conqueredEretz Yisrael entirely." See Hilchot Terumah 1:3 and the Rambam's Commentary to the Mishnah (Demai 6:11).
|
| 97. |
Countries to the southeast of Eretz Yisrael.
|
| 98. |
See Hilchot Terumah 1:6.
|
| 99. |
Transjordan refers to the area extending outward from the eastern bank of the Jordan. The tribes of Reuven, Gad, and half the tribe of Menasheh settled there. Rav Yosef Corcus maintains that according to Scriptural Law, the Sabbatical year never had to be observed there (see Sifra, the beginning of Behar), because it is not part of Eretz Yisrael in certain contexts. Others maintain that according to Scriptural Law, in the era of the First Temple, the Sabbatical year was to be observed there. All agree that our Sages required its partial observance.
|
| 100. |
The Radbaz explains that this applies even if the Jews returning from Babylon had settled in a portion of this territory, the sificihin are not forbidden.
|
| 101. |
I.e., we are allowed to purchase this produce and partake of it. This applies even in the portion of the land where the Sabbatical year is observed according to Rabbinic decree.
The Radbaz and the Kessef Mishneh refer to the Kaftor VePerach who states that seemingly, although produce grown by a gentile in Eretz Yisrael in the Sabbatical year is permitted, it would have to eaten with respect to its holiness, as described in the following chapter. For as the Rambam states in Hilchot Terumah 1:10: "When a gentile purchases land in Eretz Yisrael, he does not cause it to be absolved from [the observance of] the mitzvot. Instead, its holiness is still intact." Thus although there is no reason to forbid one from partaking of the produce grown by a gentile, seemingly, it should be considered "holy."
They note that in their time this was not the common practice, (nor is it the practice in Eretz Yisrael today). They justify this conduct on the grounds that, according to certain views (see Chapter 10, Halachah 9, where this subject is discussed) that in the present era, the observance of the Sabbatical year is a Rabbinic ordinance (and not of Scriptural authority). And our Sages did not impose any restrictions on produce grown by gentiles.
|
| 102. |
In addition to the material motive involved, there is a ritual dimension to this restriction. We are forbidden to allow a gentile to partake of the produce of the Sabbatical year (Chapter 5, Halachah 13). The Radbaz questions if watchmen should be appointed to guard the fields of Jews in Eretz Yisrael that are not located on the border, but are near areas where gentiles are located and there is a possibility that they will take the produce that is left ownerless.
|
Shemita - Chapter 5
Halacha 1
Halacha 2
What is meant by [the license to use the produce of the Sabbatical year] for eating and drinking? One should eat those foods that are normally eaten and drink the beverages that are normally drunken, as is the law with regard toterumah and the second tithe.5
Halacha 3
He should not change the natural function of produce as he does not with regard to terumah and the second tithe, i.e., something that is normally eaten raw should not be eaten cooked. Something that is normally eaten cooked should not be eaten raw. For this reason, animal fodder6 should not be cooked, nor should one press himself to eat a cooked dish that has spoiled or bread that has become moldy, as he does not eat such foods that are terumah or the second tithe.7
Halacha 4
Halacha 5
Produce that is set aside for human consumption should not be fed to domesticated animals, beasts, and fowl. If an animal went under a fig tree under its own initiative and began eaten the fruit, we do not require [the owner] to bring it back, for [Leviticus 25:7] states: "And for the animal and the beast in your land shall be all the produce to eat."10
Halacha 6
What is meant by [the license to] smear oneself [with produce from the Sabbatical year]? One may smear oneself with produce with which it is common to smear oneself. He should not smear wine or vinegar, but he may smear oil.11We do not place fragrant herbs in oil,12 nor should one apply oil in a bathhouse.13 He may, however, apply oil outside and then enter.14
Halacha 7
Oil from the Sabbatical year should not be used to seal an oven or a range,15nor should it be applied to a shoe or a sandal.16 One should not apply [such oil] with impure hands.17 If the oil fell on his flesh, he may rub it in with impure hands.18 One should not apply [such] oil to his foot while it is in a shoe,19 He may, however, smear [such oil] on his foot and put on a shoe or smear his entire body and then roll on a new [leather] mat.20
Halacha 8
What is meant by [the license to] kindle a lamp [with produce from the Sabbatical year]? One may kindle a lamp with oil from the Sabbatical year itself. If one sold [oil from the Sabbatical year] and used the proceeds21 to purchase other oil or exchanged [oil from the Sabbatical year] for other oil,22 they are both forbidden to be used for kindling, for we may not use money received in return for the produce of the Sabbatical year for kindling.23
Halacha 9
What is meant by [the license to use produce from the Sabbatical year] for dyeing? Produce which is ordinarily used as dye even though it is also used as food for people may be used as dye for man's sake.26 We may not, however, use the produce of the Sabbatical year - even animal fodder - as dye for the sake of an animal. For the holiness of the Sabbatical year does not rest on dye for animals.
Halacha 10
The holiness of the Sabbatical year falls on [natural] detergents - e.g., borit andehel,27 - and we may launder with them,28 as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours," i.e., for all your needs. Nevertheless, the fruit of the Sabbatical year should not be used as a detergent,29 nor should it be used to produce a compress,30 for [the above verse] states: "...shall be yours to eat,"31 i.e., and not for a compress, nor to sprinkle,32 induce regurgitation, soak flax, or use as a detergent.
Halacha 11
A great principle was stated with regard to the produce of the Sabbatical year: Whatever is distinguished as being for human consumption, e.g., wheat, figs, grapes, and the like, should not be used as a compress or a bandage, even for a person, as implied by the phrase: "yours to eat," i.e., whatever is distinguished as being for you, should be used as food33 and not for medicinal purposes. Anything that is not distinguished as being for human consumption, e.g., soft thorns and brambles, may be used as a compress for a person, but not for an animal.34
If it is not distinguished as being for either of the above purposes - e.g., za'ater, oregano,35 and thyme,36 [the ruling depends] on the person's intent. If he thought to use it as kindling wood, it is considered as kindling wood.37 If he intended that it be used as food [for humans], it is considered as produce.38
If it is distinguished as being for both of the above purposes, we treat it with both the stringencies incumbent on food for humans - and compresses are not made with it - and those incumbent on animal fodder - that they may not be cooked.39
Halacha 12
It is permitted to sell food for humans and animal fodder and use the proceeds to purchase food for humans. We may not, however, sell animal fodder to purchase other animal fodder.40 Needless to say, we may not sell food for humans to purchase animal fodder. If [animal fodder] was purchased with [such produce] or food for humans was exchanged for animal fodder, [the animal fodder] is considered like food for humans and it may not be used to make a compress for a person.
Halacha 13
The produce of the Sabbatical year may not be transported from Eretz Yisraelto the Diaspora, not even to Syria.41 It cannot be fed to a gentile,42 nor to a hired worker.43 If he was hired for an entire week, an entire year, or an entire month or an agreement regarding his food was established, he is considered as a member of one's household and he may be fed [the produce of the Sabbatical year]. We may feed a guest44 the produce of the Sabbatical year.45
Halacha 14
Halacha 15
We do not harvest the produce of the Sabbatical year when it is not yet ripe.49[This is derived from Leviticus 25:12 which states:] "And you shall partake of its produce," [implying that the fruits] may not be eaten until they are considered as produce.50 One may, however, partake of a small amount of them in the field while they are underdeveloped, as one partakes [of such produce] in other years.51 One should not bring the produce into one's home until it reaches the stage when the obligation to separate tithes takes effect.52
Halacha 16
From when is it permitted to partake of the fruit of trees in the field in the Sabbatical year? With regard to underdeveloped figs, when their surface will become shiny,53 he may eat his bread with them in the field. The same applies in all analogous situations With regard to underdeveloped grapes,54 when sap flows in them, they may be eaten in the fields. Similar laws apply in all analogous situations.
With regard to olives, when a se'ah of olives would produce a revi'it of a log55 of oil, one may break them open56 and eat them in the fields.57 [If such an amount of olives] would produce half a log [of oil], one may crush them and smear oneself in the field. [If they reach the stage where they] produce one third [of the amount they ordinarily produce], it is permitted to bring them to his home, because they have reached a third of their growth.
Halacha 17
It is permitted to cut down trees for their wood in the Sabbatical year, before they produce fruit. Once they have begun to produce fruit, however, they should not be cut down, for doing so spoils [the fruit], and [the fruit of the Sabbatical year is granted] "to eat,"58 and not to spoil.59 If it produced fruit and they reached the stage at which an obligation to separate tithes exists, it is permitted to cut them down, for it has already produced its fruit and the laws of the Sabbatical year no longer apply to it.60
Halacha 18
Halacha 19
Halacha 20
When a bathhouse has been heated with hay and straw of the Sabbatical year, it is permitted to bathe there68 [even] when payment is required.69 An important person, however, is forbidden to do so, lest they also mix other [herbs]70 into the kindling for him, so that it will produce a fragrant scent.71 Thus they will destroy the produce of the Sabbatical year.72
Halacha 21
Halacha 22
| FOOTNOTES | |
| 1. |
Drinking is considered as eating (Yoma 76b).
|
| 2. |
See Hilchot Sh'vitat Esor 1:4-5; Hilchot Terumot 11:1, Hilchot Ma'aser Sheni 3:10 which equate smearing oneself with oil and drinking.
|
| 3. |
Leviticus 25:7 states: "And for the animal and the beast in your land shall (tihiyeh) be all the produce to eat." The Sifra derives the above concept from this verse.
|
| 4. |
For these activities also bring direct benefit to man.
|
| 5. |
See Hilchot Terumah, ch. 11, and Hilchot Ma'aser Sheni, ch. 3, for more particulars concerning these laws.
|
| 6. |
Which is usually eaten raw.
|
| 7. |
See Hilchot Ma'aser Sheni 3:11 which states: "We do not require a person to eat bread that has become moldy or oil that has become rancid. Instead, as soon as it has become spoiled to the point that it is not fit for human consumption, its holiness has departed from it."
|
| 8. |
In his Commentary to the Mishnah (Sh'vi'it 8:7), the Rambam describes this concept as follows: When terumah becomes ritually impure, it is disqualified and forbidden to be eaten. Now if the oil becomes ritually impure, it will disqualify the vegetable that was cooked in it and require that it be destroyed. Thus one will have caused the produce of the Sabbatical year to be destroyed unnecessarily.
|
| 9. |
The Kessef Mishneh explains that the Rambam's wording should not be interpreted as implying that only after the fact, once one has cooked the vegetable in the oil, one may partake of it. Instead, this is permitted at the outset.
|
| 10. |
Implying that the produce of the Sabbatical year may be eaten by animals.
|
| 11. |
Even though oil is primarily used as food, it is also common to smear it on one's flesh (Radbaz). Wine or vinegar, by contrast, are generally not applied as ointments. See Hilchot Ma'aser Sheni, loc. cit.
|
| 12. |
Because doing so removes it from the category of food and makes it oil for smearing (Hilchot Terumah 11:3).
|
| 13. |
For applying oil that is holy in a place where people are unclothed is an act of disrespect.
|
| 14. |
Since the oil is already absorbed in one's skin.
|
| 15. |
For this will be using it for a purpose other than a person's direct physical benefit.
|
| 16. |
This strengthens the sandal, but does not provide a person with direct physical benefit.
|
| 17. |
The intent is not necessarily impure hands, but any hands that one has not watched carefully to make sure that they are pure. For if one touches oil with such hands, it becomes impure by Rabbinic decree (Hilchot Sha'ar Avot HaTuma'ah 8:8-10). Making the oil impure would reduce the number of people who could partake of it. Hence, it is improper to do so.
|
| 18. |
For once the oil has been applied to one's flesh, there is no difficulty in it becoming impure, because its sacred quality is divested. See parallels in Hilchot Terumah 11:7.
|
| 19. |
Because the oil will be applied to the shoe directly.
|
| 20. |
Even though the oil will be applied indirectly to the shoe or the mat, that does not present a difficulty, because as above, once it has been applied to his flesh, its sacred quality is divested.
|
| 21. |
As stated in Halachah 12, it is permitted to sell produce of the Sabbatical year that is fit for human consumption and use the proceeds to purchase other food. One may not, however, use such proceeds for other purposes even though they benefit man.
|
| 22. |
In which instance, the oil for which the oil from the Sabbatical year was exchanged receives the status of produce of the Sabbatical year (see Chapter 6, Halachot 6-7).
|
| 23. |
One may use oil from the Sabbatical year for kindling, because this is a function for which that produce is ordinarily used. Nevertheless, oil is considered primarily as food fit for human consumption. Hence, the proceeds from its sale or exchange may be used for that purpose alone.
|
| 24. |
It is not common practice to pour oil into a fire. Hence, although license is given to kindle with oil, one may do so only in the ordinary manner.
|
| 25. |
For this is the ordinary practice.
|
| 26. |
As the continuation of the Rambam's words imply, the dye is then considered as imbued with the holiness of the Sabbatical year.
|
| 27. |
Two plants with natural alcalic properties that make them fit for use as detergents.
|
| 28. |
For this is their primary use.
|
| 29. |
Since fruit is primarily used as food, it is improper to use it for any other purpose.
|
| 30. |
In his Commentary to the Mishnah (Sh'vi'it 8:1), the Rambam explains the derivation of the wordmilugma. It is a composite of the words molei lugma, meaning "cheekful." It was common to chew kernels of wheat, figs, or other produce, and then place them on wounds. Since the primary use of such produce is food, it cannot be used for these purposes.
|
| 31. |
The explanation is dependent on the principle stated in the following halachah.
|
| 32. |
Liquids were occasionally sprinkled over wounds to induce clotting.
|
| 33. |
And for no other purpose, even if it is beneficial to man.
|
| 34. |
I.e., it may be used for a purpose that brings man benefit.
|
| 35. |
Our translation is based on Rav Kappach's notes to the Rambam's Commentary to the Mishnah (loc. cit.). Others render it as "hyssop."
|
| 36. |
In his Commentary to the Mishnah, the Rambam explains that these are herbs that are used both as spices and for medicinal purposes.
|
| 37. |
And the holiness of the Sabbatical year does not rest upon it.
|
| 38. |
And is infused with that holiness.
|
| 39. |
This represents a change in the Rambam's thinking from his initial version of his Commentary to the Mishnah (loc. cit.) in which he states that the stringency involved with animal fodder is that it can only be eaten during the time the produce is available in the field. In the final version of the Commentary to the Mishnah, he adopts the position stated here that is based on the Jerusalem Talmud.
|
| 40. |
As stated in the notes to Halachah 8, when the produce from the Sabbatical year is sold, the proceeds from the sale may be used only for the purchase of food for humans.
|
| 41. |
This is a decree imposed so that there will not be a dearth of produce in Eretz Yisrael. See Chapter 7, Halachah 12, which states what should be done if such produce is brought to the Diaspora.
|
| 42. |
This is derived from Leviticus 25:6 which states that the produce of the Sabbatical year "shall be yours to eat." Implied is that it is for "you" and not for gentiles.
|
| 43. |
This is referring to a worker hired only for a day(s). Since he is hired for only a short time, it appears as if the person is paying his debt with the produce of the Sabbatical year which is forbidden, see Chapter 6, Halachah 11.
|
| 44. |
Rav Yosef Corcus states that this and the above clause even refer to a gentile guest or worker.
|
| 45. |
This is not considered as paying a debt.
|
| 46. |
This halachah is referring to a woman whose husband traveled to a distant place without leaving his wife adequate support. If she approaches the court, the court expropriates property belonging to her husband and sells it to provide for her support. See Hilchot Ishut 12:16.
|
| 47. |
For the husband is liable for her support.
|
| 48. |
Since she has access to the household provisions, it is not considered as if someone is paying the debt to her (Rav Yosef Corcus).
|
| 49. |
I.e., before it reaches one third of its growth. Until that point, they are unfit to be eaten [the Rambam's Commentary to the Mishnah (Shivi'it 4:7)].
|
| 50. |
I.e., until they have ripened.
|
| 51. |
For it is also common practice to taste a small amount of fruit in the field even in its very early stages of ripening (ibid.).
|
| 52. |
I.e., until the produce reaches one third of its development (Hilchot Ma'aserot 2:3). That would reflect a further stage of development.
|
| 53. |
At that time, their surface becomes smooth and there is a certain amount of sap inside them [the Rambam's Commentary to the Mishnah (Shivi'it 4:7)]. At this stage of development, it is ordinary practice for a person in the field to taste a small amount of the fruit.
|
| 54. |
Our translation of the terms in this clause is based on the Rambam's Commentary to the Mishnah (Shivi'it 4:8).
|
| 55. |
A revi'it of a log is 86 cc according to Shiurei Torah and 150 cc according to Chazon Ish.
|
| 56. |
This is the ordinary way in which olives are eaten [the Rambam's Commentary to the Mishnah (Shivi'it 4:9)], for there is a bitter liquid beneath this covering.
|
| 57. |
At this stage of development, the amount of oil produced is not significant enough for one to smear himself with it.
|
| 58. |
Leviticus 25:6. As stated in Halachah 10, this phrase is also an exclusion, preventing the use of the produce for other purposes.
|
| 59. |
In his Commentary to the Mishnah (Shivi'it 4:10), the Rambam writes that cutting the trees down at this stage of the fruits' development is forbidden, because it is tantamount to theft. For the fruit was granted to people at large and by cutting down the tree, other people are prevented from harvesting it.
|
| 60. |
It was permitted to harvest the fruit from this stage of development. Since people already had the opportunity of harvesting it and failed to do so, it is not forbidden to destroy the tree.
In his Commentary to the Mishnah (loc. cit.), the Rambam clarifies that we are speaking about a situation where the tree does not produce a large amount of produce and hence, it is permitted to cut it down and use it for wood. Otherwise, it is forbidden to cut down a fruit tree. See Hilchot Melachim 6:8-9.
|
| 61. |
I.e., when does the initial stage of development mentioned in the previous halachah begin for various tapes of fruit.
|
| 62. |
The interpretation of this clause offered by standard published text of the Rambam's Commentary to the Mishnah (loc. cit.) is somewhat confusing. See Rav Kappach's translation. It is the source for our translation of the following clauses.
|
| 63. |
Our translation is dependent on the gloss of the Radbaz and Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Orlah 1:9).
|
| 64. |
The Radbaz explains that this is referring to a species of dates that never produces edible fruit, but the clusters themselves are eaten like hearts of palms.
|
| 65. |
The Kessef Mishneh explains that this license is derived through a process of deduction. Shivi'it9:7 states that the hay and straw of the Sabbatical year may not be used for kindling until the second rain of the eighth year descends. Thus one can obviously conclude that it was forbidden to use them previously.
|
| 66. |
Hence it should be used for that purpose; see Halachah 3.
|
| 67. |
For they are not useful for any other purposes.
|
| 68. |
Seemingly, this halachah contradicts the preceding one. Since it is forbidden to use hay and straw from the Sabbatical year for kindling, one would think that it is forbidden to bathe in water heated through such a fire. Why then is bathing in such a bathhouse permitted?
The Kessef Mishneh first states that license to use the bathhouse is only granted after the fact. At the outset, one should not use such hay and straw for this purpose. Alternatively, he explains - as does the Radbaz - that there is no difficulty in using such hay and straw for this purpose, for just as animal fodder of the Sabbatical year can be used to make a compress for a person (Halachah 11), it can be used to heat a bath for him.
|
| 69. |
The Kessef Mishneh offers this interpretation, resolving the question posed by the Ra'avad who had objected to granting license to use such hay and straw when payment is taken, for that resembles selling the produce of the Sabbatical year as merchandise which is forbidden (Chapter 6, Halachah 1). The Kessef Mishneh explains that the prohibition against selling the produce of the Sabbatical year involves only selling food.
|
| 70. |
That are fit to be eaten [the Rambam's Commentary to the Mishnah (Shivi'it 8:11)].
|
| 71. |
The Rambam is explaining the rationale for the restriction stated in the above mishnah. Others maintain that the rationale is that an important person should not rely on the leniency and, instead, should be stringent not to derive even such benefit from the produce of the Sabbatical year.
|
| 72. |
Instead of using them as food.
|
| 73. |
See Hilchot Terumah 11:10-11. The Radbaz explains that this can be derived from a logical inference. If leniency was granted with regard to terumah which is punishable by death, surely, it should be granted with regard to the Sabbatical year, for its prohibitions are not punishable as severely.
|
| 74. |
In which instance the holiness of the Sabbatical year falls upon them, as stated in Halachah 9.
|
| 75. |
For there are many who eat this type of produce as food, while it is soft. See Hilchot Berachot 8:6. Needless to say, if it hardens to the point it is no longer edible, it is considered as mere wood (Radbaz).
|
| 76. |
Since the spices were placed in a wrapping, they could be removed from the food after it was cooked. Their status depends on whether their flavor is retained or not.
|
| 77. |
The holiness of the Sabbatical year does not rest upon them, for they no longer are considered as food.
|
| 78. |
I.e., to use the mud for building. Since the straw and hay are fit for use as animal fodder, it is improper to use them for purposes that do not bring direct benefit to man or animals.
|
| 79. |
Because they are no longer suitable for use as animal fodder. The Ra'avad [based on the Jerusalem Talmud (Shivi'it 9:7)] states that one must actually sleep on the pillow, for the status of the straw to change. The commentaries note, however, that the Tosefta (Shivi'it 5:11) does not make such a qualification.
|
| 80. |
I.e., one should not cook in it while it is hot, so as not to benefit from the kindling of the produce of the Sabbatical year. The license granted in Halachah 20 is not appropriate here, because in this instance, the person is not receiving direct benefit from the burning of the straw (Radbaz).
|
| 81. |
In his Commentary to the Mishnah (Pe'ah 8:1), the Rambam explains that, in Eretz Yisrael, there is one wave of rain at the end of the summer. Afterwards at the beginning of the winter - i.e., depending on the year, between the seventeenth of Cheshvan and the first of Kislev, there is a second wave of rains which are very important for the success of the crops of that land.
|
| 82. |
The Jerusalem Talmud (Shivi'it 9:7) explains that from the time the rain descends, the straw in the field is no longer fit for an animal to eat. Therefore, there is no longer any restriction on using the straw in one's home.
|
• Thursday, Iyar 18, 5775 · 07 May 2015
Iyar 18, 33rd day of the omer
Torah lessons: Chumash: B'chukotai, first parsha with Rashi.
Tehillim: 88-89.
Tanya: But how can (p. 259)...exalted and holy." (p. 259).
Lag Ba'Omer was one of the Mitteler Rebbe's particularly noteworthy festivals. He and the Chassidim would go out to the fields that day, and although he did not wash and break bread, he did partake of mashkeh (strong drink), which he was not allowed to do for health reasons. Many wonders were seen at that time, most of them involving the blessing of children for childless couples - and all year long people waited for Lag Ba'Omer.
Daily Thought:
Priorities
The natural tendency is to treat matters of the spirit as luxury items—sort of an appendage to life.
Eating, sleeping, making money—these things are given priority and the time dedicated to them is sacrosanct.
But prayer, meditation and study fit in only when you feel like it, and are pushed aside on the slightest whim.
You’ve got to make your priorities faithful to your inner self. You’ve got to ask yourself if this is what your life is all about.
Set a schedule for spiritually enriching activities.
Be as tough with that schedule as a workaholic would be with his business.
____________________________
No comments:
Post a Comment