Today's Laws & Customs:
• Joyous Day; Tachnun Omitted
Because of the joyous events which occurred on this day (see "Today in Jewish History"), our sages regarded the 15th of Av to be one of the two most auspicious days on the Jewish calendar (the other being Yom Kippur--Talmud, Taanit 26b). Nevertheless, no special Av 15 observances or celebrations are ordained by Halachah (Torah law) or custom, other than the omission of the tachnun (confession of sins) and similar portions from the daily prayers, as is the case with all festive dates.
Links: Love and Rebirth: On the Significance of Av 15
• Increase Torah Study
Beginning on the 15th of Av one should increase one's study of Torah, since at this time of the year the nights begin to grow longer and "the night was created for study" (Talmud and Codes).
Links:
Torah Study
Night
Today in Jewish History:
• End of Dying in Desert (1274 BCE)
In wake of the incident of the "Spies," in which the generation that came out of Egypt under Moses' leadership demonstrated their unpreparedness for the task of conquering and settling the Holy Land, G-d decreed that entire generation would die out in the desert (see "Today in Jewish History" for Av 8 and Av 9). After 38 years of wandering through the wilderness the dying finally ended, and a new generation of Jews stood ready to enter the Holy Land. It was the 15th of Av of the year 2487 from creation (1274 BCE)
• Ban on Inter-Tribal Marriage Lifted (13th century BCE)
In order to ensure the orderly division of the Holy Land between the twelve tribes of Israel, restrictions had been placed on marriages between members of two different tribes. A woman who had inherited tribal lands from her father was forbidden to marry out of her tribe, lest her children -- members of their father's tribe -- cause the transfer of land from one tribe to another by inheriting her estate (Number 36). This ordinance was binding only on the generation that conquered and settled the Holy Land during the 14-year period 2488-2503 from creation (1273-1258 BCE); when the restriction was lifted, on the 15th of Av, the event was considered a cause for celebration and festivity.
Links:
Tribalism
The Twelve Tribes of Israel
• Tribe of Benjamin Re-Admitted (circa 1228 BCE)
Av 15 was the day on which the tribe of Benjamin, which had been excommunicated for its behavior in the incident of the "Concubine at Givah," was readmitted into the community of Israel (as related in Judges 19-21). The event occurred during the judgeship of Othniel ben Knaz, who led the people of Israel in the years 2533-2573 from creation (1228-1188 BCE).
• Jeroboam's Roadblocks Removed (574 BCE)
Upon the division of the Holy Land into two kingdoms following the death of King Solomon in the year 2964 from creation (797 BCE), Jeroboam ben Nebat, ruler of the breakaway Northern Kingdom of Israel, set up roadblocks to prevent his citizens from making the thrice-yearly pilgrimage to the Holy Temple in Jerusalem, capital of the Southern Kingdom of Judea. These were finally removed more than 200 years later by Hosea ben Eilah, the last king of the Northern Kingdom, on Av 15, 3187 (574 BCE).
• Betar Dead Buried (148 CE)
The fortress of Betar was the last holdout of the Bar Kochba rebellion. When Betar fell on the 9th of Av, 3893 (133 CE), Bar Kochba and many thousands of Jews were killed; the Romans massacred the survivors of the battle with great cruelty and would not even allow the Jews to bury their dead. For 15 years their remains were left scattered on the battlefield. When the dead of Betar were finally brought to burial on Av 15 of the year 3908 from creation (148 CE), an additional blessing (HaTov VehaMeitiv) was added to the "Grace After Meals" in commemoration.
• Matchmaking Day
In ancient Israel, it was the custom that on the 15th of Av "the daughters of Jerusalem would go out in borrowed linen garments (so as not to embarrass those without beautiful clothes of their own)... and dance in the vineyards" and "whoever did not have a wife would go there" to find himself a bride (Talmud, Taanit 31a).
• "The Day of the Breaking of the Ax"
When the Holy Temple stood in Jerusalem, the annual cutting of firewood for the altar was concluded on the 15th of Av. The event was celebrated with feasting and rejoicing, as is the custom upon the conclusion of a holy endeavor, and included a ceremonial breaking of the axes which gave the day its name.
Daily Quote:
Fire is one sixtieth of purgatory, honey is one sixtieth of manna, Shabbat is one sixtieth of the World to Come, sleep is one sixtieth of death, a dream is one sixtieth of prophesy[Talmud, Berachot 57b]
Daily Study:
Chitas and Rambam for today:
Chumash: Va'etchanan, 6th Portion Deuteronomy 6:4-6:25 with Rashi
• Chapter 6
4Hear, O Israel: The Lord is our God; the Lord is one. דשְׁמַע יִשְׂרָאֵל יְהֹוָה אֱלֹהֵינוּ יְהֹוָה | אֶחָד:
The Lord is our God; the Lord is one: The Lord, who is now our God and not the God of the other nations-He will be [declared] in the future “the one God,” as it is said: “For then I will convert the peoples to a pure language that all of them call in the name of the Lord” (Zeph. 3:9), and it is [also] said: “On that day will the Lord be one and His name one” (Zech. 14:9). (see Sifrei) ה' אלהינו ה' אחד: ה' שהוא אלהינו עתה ולא אלהי האומות, הוא עתיד להיות ה' אחד, שנאמר (צפניה ג, ט) כי אז אהפוך אל עמים שפה ברורה לקרוא כולם בשם ה' ונאמר (זכריה יד, ט) ביום ההוא יהיה ה' אחד ושמו אחד:
5And you shall love the Lord, your God, with all your heart and with all your soul, and with all your means. הוְאָהַבְתָּ אֵת יְהֹוָה אֱלֹהֶיךָ בְּכָל לְבָבְךָ וּבְכָל נַפְשְׁךָ וּבְכָל מְאֹדֶךָ:
And you shall love [the Lord]: Perform His commandments out of love. The one who acts out of love cannot be compared to the one who acts out of fear. If one serves his master out of fear, when the master sets a great burden upon him, this servant will leave him and go away [whereas if out of love he will serve him even under great burden] (Sifrei 6:5). ואהבת: עשה דבריו מאהבה אינו דומה עושה מאהבה לעושה מיראה. העושה אצל רבו מיראה כשהוא מטריח עליו מניחו והולך לו:
with all your heart: Heb. בְּכָל-לְבָבְךָ [The double “veth” in לְבָבְךָ, instead of the usual form לִבְּךָ, suggests:] Love Him with your two inclinations [the good and the evil]. (Sifrei; Ber. 54a) Another explanation; “with all your heart,” is that your heart should not be divided [i.e., at variance] with the Omnipresent (Sifrei). בכל לבבך: בשני יצריך. דבר אחר בכל לבבך, שלא יהיה לבך חלוק על המקום:
and with all your soul: Even if He takes your soul (Sifrei; Ber. 54a, 61a). ובכל נפשך: אפילו הוא נוטל את נפשך:
and with all your means: Heb. וּבְכָל-מְאֹדֶךָ, with all your possessions. There are people whose possessions are more precious to them than their own bodies. Therefore, it says, “and with all your means.” (Sifrei) Another explanation of וּבְכָל-מְאֹדֶךָ is: You shall love God with whatever measure (מִדָּה) He metes out to you, whether it be the measure of good or the measure of retribution. Thus also did David say: “I will lift up the cup of salvations [and I will call upon the name of the Lord]” (Ps. 116:12-13); “I found trouble and grief [and I called out in the name of the Lord]” (Ps. 116:3-4). ובכל מאדך: בכל ממונך יש לך אדם שממונו חביב עליו מגופו לכך נאמר ובכל מאדך. דבר אחר ובכל מאדך בכל מדה ומדה שמודד לך בין במדה טובה בין במדת פורענות וכן דוד הוא אומר (תהלים קטז, יג) כוס ישועות אשא וגו' (שם קטז, יג) צרה ויגון אמצא וגו':
6And these words, which I command you this day, shall be upon your heart. ווְהָיוּ הַדְּבָרִים הָאֵלֶּה אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם עַל לְבָבֶךָ:
And these words… shall be: What is this“love” [referred to in the previous verse]? It is that these words [the mitzvoth] shall be upon your heart, and through this, you will come to recognize the Holy One, blessed be He, and will [consequently] cling to His ways. (Sifrei 6:6) והיו הדברים האלה: ומהו האהבה והיו הדברים האלה, שמתוך כך אתה מכיר בהקב"ה ומדבק בדרכיו:
which I command you this day: they should not appear to you as an antiquated edict (דְּיוּטַגְמָא) which no one cares about, but as a new one, which everyone hastens to read. The word דְּיוּטַגְמָא means: a royal edict which comes in writing.(Sifrei) אשר אנכי מצוך היום: לא יהיו בעיניך כדיוטגמא ישנה שאין אדם סופנה, אלא כחדשה שהכל רצין לקראתה. דיוטגמא מצות המלך הבאה במכתב:
7And you shall teach them to your sons and speak of them when you sit in your house, and when you walk on the way, and when you lie down and when you rise up. זוְשִׁנַּנְתָּם לְבָנֶיךָ וְדִבַּרְתָּ בָּם בְּשִׁבְתְּךָ בְּבֵיתֶךָ וּבְלֶכְתְּךָ בַדֶּרֶךְ וּבְשָׁכְבְּךָ וּבְקוּמֶךָ:
And you will teach them: Heb. וְשִׁנַּנְתָּם. This is an expression of sharpness, meaning that these words should be sharply impressed in your mouth, so that if a person asks you something, you will not have to hesitate about it, but you will tell him immediately. (Sifrei ; Kidd. 30a) ושננתם: לשון חדוד הוא, שיהיו מחודדים בפיך, שאם ישאלך אדם דבר לא תהא צריך לגמגם בו, אלא אמור לו מיד:
to your sons: These are your disciples. We find everywhere that disciples are termed “sons,” as it is said: “You are children to the Lord your God” (Deut. 14:1), and it says: “The disciples [lit. sons] of the prophets who were in Bethel” (II Kings 2:3). So too, we find that Hezekiah taught Torah to all Israel and called them children, as it is said: “My sons, now do not forget” (II Chron. 29:11). And just as disciples are called “children,” as it is said “You are children to the Lord your God” so too, the teacher is called “father,” as it is said [that Elisha referred to his teacher Elijah by the words] “My father, my father, the chariot of Israel…” (II Kings 2:12) (Sifrei 6:7). לבניך: אלו התלמידים. מצינו בכל מקום שהתלמידים קרוים בנים, שנאמר (דברים יד, א) בנים אתם לה' אלהיכם, ואומר (מלכים ב' ב, ג) בני הנביאים אשר בבית אל, וכן בחזקיהו שלמד תורה לכל ישראל וקראם בנים שנאמר (ד"ה ב' כט, יא) בני עתה אל תשלו. וכשם שהתלמידים קרוים בנים, שנאמר בנים אתם לה' אלהיכם, כך הרב קרוי אב, שנאמר (מלכים ב' ב) אבי אבי רכב ישראל וגו':
and speak of them: That your principal topic of conversation should be only about them; make them the main topic, not the secondary one. (Sifrei) ודברת בם: שלא יהא עיקר דבורך אלא בם. עשם עיקר ואל תעשם טפל:
and when you lie down: Now this [latter verse] might lead one to think [that the obligation to recite the “shema” is] even if one lies down in the middle of the day. Therefore it states; “and when you rise up” ; now this [latter verse] might lead one to think [that the obligation to recite the “shema” is] even if you arise in the middle of the night! It says therefore,“When you sit in your house, and when you walk on the way.” The Torah is thus speaking of the usual manner of conduct: The [usual] time of lying down and the [usual] time of rising up. (Sifrei) ובשכבך: יכול אפילו שכב בחצי היום תלמוד לומר ובקומך. יכול אפילו עמד בחצי הלילה, תלמוד לומר בשבתך בביתך ובלכתך בדרך. דרך ארץ דברה תורה, זמן שכיבה וזמן קימה:
8And you shall bind them for a sign upon your hand, and they shall be for ornaments between your eyes. חוּקְשַׁרְתָּם לְאוֹת עַל יָדֶךָ וְהָיוּ לְטֹטָפֹת בֵּין עֵינֶיךָ:
And you shall bind them for a sign upon your hand: These are the tefillin of the arm. וקשרתם לאות על ידך: אלו תפילין שבזרוע:
and they shall be for ornaments between your eyes: Heb. לְטֹטָפֹת. These are the tefillin of the head, and because of the number of the Scriptural sections contained in them [namely four], they are called טֹטָפֹת - totafoth, for טַט - tat in Coptic means “two,” פַּת - path in Afriki (Phrygian) [also] means “two.” (San. 4b) והיו לטטפת בין עיניך: אלו תפילין שבראש ועל שם מנין פרשיותיהם נקראו טטפת. טט בכתפי שתים, פת באפריקי שתים:
9And you shall inscribe them upon the doorposts of your house and upon your gates. טוּכְתַבְתָּם עַל מְזֻזוֹת בֵּיתֶךָ וּבִשְׁעָרֶיךָ:
the doorposts of your house: The word is מְזֻזוֹת [and not, מְזוּזוֹת, i.e., without the letter“vav”] to indicate that there is need for only one מְזוּזָה - mezuzah per door. מזזות ביתך: מזזות כתיב, שאין צריך אלא אחת:
and upon your gates: This [“gates”] is to include the gates of courtyards, the gates of provinces, and the gates of cities [in that they also require a mezuzah]. (Yoma 11a) ובשעריך: לרבות שערי חצרות ושערי מדינות ושערי עיירות:
10And it will be, when the Lord, your God, brings you to the land He swore to your fathers, to Abraham, to Isaac, and to Jacob, to give you, great and good cities that you did not build, יוְהָיָה כִּי יְבִיאֲךָ | יְהֹוָה אֱלֹהֶיךָ אֶל הָאָרֶץ אֲשֶׁר נִשְׁבַּע לַאֲבֹתֶיךָ לְאַבְרָהָם לְיִצְחָק וּלְיַעֲקֹב לָתֶת לָךְ עָרִים גְּדֹלֹת וְטֹבֹת אֲשֶׁר לֹא בָנִיתָ:
11and houses full of all good things that you did not fill, and hewn cisterns that you did not hew, vineyards and olive trees that you did not plant, and you will eat and be satisfied. יאוּבָתִּים מְלֵאִים כָּל טוּב אֲשֶׁר לֹא מִלֵּאתָ וּבֹרֹת חֲצוּבִים אֲשֶׁר לֹא חָצַבְתָּ כְּרָמִים וְזֵיתִים אֲשֶׁר לֹא נָטָעְתָּ וְאָכַלְתָּ וְשָׂבָעְתָּ:
hewn: Since it [the Land of Israel] was a stony and rocky place, the term“hewn” is appropriate [regarding the cisterns there]. חצובים: לפי שהיו מקום טרשין וסלעים נופל בו לשון חציבה:
12Beware, lest you forget the Lord, Who brought you out of the land of Egypt, out of the house of bondage. יבהִשָּׁמֶר לְךָ פֶּן תִּשְׁכַּח אֶת יְהֹוָה אֲשֶׁר הוֹצִיאֲךָ מֵאֶרֶץ מִצְרַיִם מִבֵּית עֲבָדִים:
out of the house of bondage: Heb. מִבֵּית עֲבָדִים, lit. out of the house of slaves. As the Targum [Onkelos] renders: out of the house of slavery, i.e., out of the place where you were slaves [and “not the house that belonged to slaves.”] מבית עבדים: כתרגומו מבית עבדותא, ממקום שהייתם שם עבדים:
13You shall fear the Lord, your God, worship Him, and swear by His name. יגאֶת יְהֹוָה אֱלֹהֶיךָ תִּירָא וְאֹתוֹ תַעֲבֹד וּבִשְׁמוֹ תִּשָּׁבֵעַ:
and swear by His name: If you possess all the attributes mentioned here, that you fear His name and serve Him, then you may swear by His Name, for if you fear His name, you will be cautious with your oath, but if [you do] not, you must not swear [by His name]. ובשמו תשבע: אם יש בך כל המדות הללו, שאתה ירא את שמו ועובד אותו, אז בשמו תשבע, שמתוך שאתה ירא את שמו תהא זהיר בשבועתך, ואם לאו לא תשבע:
14Do not go after other gods, of the gods of the peoples who are around you. ידלֹא תֵלְכוּן אַחֲרֵי אֱלֹהִים אֲחֵרִים מֵאֱלֹהֵי הָעַמִּים אֲשֶׁר סְבִיבוֹתֵיכֶם:
of the gods of the peoples who are around you: The same applies to the gods of those peoples who are distant [from you], but, because you see those who are around you erring after them, it was necessary to warn you especially about them [i.e., the gods of the people close to you]. מאלהי העמים אשר סביבותיכם: הוא הדין לרחוקים אלא לפי שאתה רואה את סביבותיך תועים אחריהם הוצרך להזהיר עליהם ביותר:
15For the Lord, your God, is a zealous God among you, lest the wrath of the Lord, your God, be kindled against you, and destroy you off the face of the earth. טוכִּי אֵל קַנָּא יְהֹוָה אֱלֹהֶיךָ בְּקִרְבֶּךָ פֶּן יֶחֱרֶה אַף יְהֹוָה אֱלֹהֶיךָ בָּךְ וְהִשְׁמִידְךָ מֵעַל פְּנֵי הָאֲדָמָה:
16You shall not try the Lord, your God, as you tried Him in Massah. טזלֹא תְנַסּוּ אֶת יְהֹוָה אֱלֹהֵיכֶם כַּאֲשֶׁר נִסִּיתֶם בַּמַּסָּה:
In Massah: When they went out of Egypt, when they tested Him concerning water, as it is said [that they asked], “Is the Lord among us or not?” (Exodus 17:7) [Hence “Massah” means test.] במסה: כשיצאו ממצרים שנסוהו במים, שנאמר (שמות יז, ז) היש ה' בקרבנו:
17Diligently keep the commandments of the Lord, your God, and His testimonies. and His statutes, which He has commanded you. יזשָׁמוֹר תִּשְׁמְרוּן אֶת מִצְוֹת יְהֹוָה אֱלֹהֵיכֶם וְעֵדֹתָיו וְחֻקָּיו אֲשֶׁר צִוָּךְ:
18And you shall do what is proper and good in the eyes of the Lord, in order that it may be well with you, and that you may come and possess the good land which the Lord swore to your forefathers, יחוְעָשִׂיתָ הַיָּשָׁר וְהַטּוֹב בְּעֵינֵי יְהֹוָה לְמַעַן יִיטַב לָךְ וּבָאתָ וְיָרַשְׁתָּ אֶת הָאָרֶץ הַטֹּבָה אֲשֶׁר נִשְׁבַּע יְהֹוָה לַאֲבֹתֶיךָ:
what is proper and good: This refers to compromising, acting beyond the strict demands of the law. הישר והטוב: זו פשרה, לפנים משורת הדין:
19to drive out all your enemies from before you, as the Lord has spoken. יטלַהֲדֹף אֶת כָּל אֹיְבֶיךָ מִפָּנֶיךָ כַּאֲשֶׁר דִּבֶּר יְהֹוָה:
[To drive out all your enemies…] as [the Lord] has spoken: And where did He speak? When He said,“and I will confuse all the people….” (Exod. 23: 27) כאשר דבר: והיכן דבר (שמות כג כז) והמותי את כל העם וגו':
20If your son asks you in time to come, saying, "What are the testimonies, the statutes, and the ordinances, which the Lord our God has commanded you?" ככִּי יִשְׁאָלְךָ בִנְךָ מָחָר לֵאמֹר מָה הָעֵדֹת וְהַחֻקִּים וְהַמִּשְׁפָּטִים אֲשֶׁר צִוָּה יְהֹוָה אֱלֹהֵינוּ אֶתְכֶם:
If your son asks you in time to come: Heb. מָחָר. [The word] מָחָר [which usually means “tomorrow”] may [also] mean“at a later time.” כי ישאלך בנך מחר: יש מחר שהוא אחר זמן:
21You shall say to your son, "We were slaves to Pharaoh in Egypt, and the Lord took us out of Egypt with a strong hand. כאוְאָמַרְתָּ לְבִנְךָ עֲבָדִים הָיִינוּ לְפַרְעֹה בְּמִצְרָיִם וַיֹּצִיאֵנוּ יְהֹוָה מִמִּצְרַיִם בְּיָד חֲזָקָה:
22And the Lord gave signs and wonders, great and terrible, upon Egypt, upon Pharaoh, and upon all his household, before our eyes. כבוַיִּתֵּן יְהֹוָה אוֹתֹת וּמֹפְתִים גְּדֹלִים וְרָעִים | בְּמִצְרַיִם בְּפַרְעֹה וּבְכָל בֵּיתוֹ לְעֵינֵינוּ:
23And he brought us out of there, in order that He might bring us and give us the land which He swore to our fathers. כגוְאוֹתָנוּ הוֹצִיא מִשָּׁם לְמַעַן הָבִיא אֹתָנוּ לָתֶת לָנוּ אֶת הָאָרֶץ אֲשֶׁר נִשְׁבַּע לַאֲבֹתֵינוּ:
24And the Lord commanded us to perform all these statutes, to fear the Lord, our God, for our good all the days, to keep us alive, as of this day. כדוַיְצַוֵּנוּ יְהֹוָה לַעֲשׂוֹת אֶת כָּל הַחֻקִּים הָאֵלֶּה לְיִרְאָה אֶת יְהֹוָה אֱלֹהֵינוּ לְטוֹב לָנוּ כָּל הַיָּמִים לְחַיֹּתֵנוּ כְּהַיּוֹם הַזֶּה:
25And it will be for our merit that we keep to observe all these commandments before the Lord, our God, as He has commanded us." כהוּצְדָקָה תִּהְיֶה לָּנוּ כִּי נִשְׁמֹר לַעֲשׂוֹת אֶת כָּל הַמִּצְוָה הַזֹּאת לִפְנֵי יְהֹוָה אֱלֹהֵינוּ כַּאֲשֶׁר צִוָּנוּ:Daily Tehillim: Psalms Chapters 77 - 78
• Chapter 77
1. For the Conductor, on the yedutun,1 by Asaph, a psalm.
2. [I raise] my voice to God and cry out; [I raise] my voice to God and He will listen to me.
3. On the day of my distress I sought my Lord. My wound oozes at night and does not abate; my soul refuses to be consoled.
4. I remember God and I moan; I speak and my spirit faints, Selah.
5. You grasped my eyelids; I am broken, I cannot speak.
6. I think of olden days, of ancient years.
7. During the night I recall my music, I meditate with my heart, and my spirit searches:
8. Is it for eternity that my Lord forsakes [me], nevermore to be appeased?
9. Has His kindness ceased forever? Has He sealed the decree for all generations?
10. Has God forgotten mercy? Has He in anger restrained His compassion forever?
11. I said, "It is to ter- rify me that the right hand of the Most High changes.”
12. I remember the deeds of Yah, when I remember Your wonders of long ago.
13. I meditate on all Your works, and speak of Your deeds.
14. O God, Your way is in sanctity; what god is as great as God?
15. You are the God Who works wonders; You make Your might known among the nations.
16. You redeemed Your people with a mighty arm, the children of Jacob and Joseph, Selah.
17. The waters2 saw You, O God, the waters saw You and trembled; even the deep shuddered.
18. The clouds streamed water, the heavens sounded forth, even Your arrows flew about.
19. The sound of Your thunder was in the rolling wind; lightning lit up the world; the earth trembled and quaked.
20. Your way was through the sea, Your path through the mighty waters; and Your footsteps were not known.3
21. You led Your people like a flock, by the hand of Moses and Aaron
Chapter 78
This psalm recounts all the miracles that God wrought for Israel, from the exodus of Egypt to David's becoming king over Israel.
1. A maskil1 by Asaph. Listen, my people, to my teaching; incline your ear to the words of my mouth.
2. I will open my mouth with a parable, I will utter riddles of long ago;
3. that which we have heard and know [to be true], and that our fathers have told us.
4. We will not withhold from their children, telling the final generation the praises of the Lord, and His might, and the wonders He has performed.
5. He established a testimony in Jacob, and set down the Torah in Israel, which He commanded our fathers to make known to their children,
6. so that the last generation shall know; children yet to be born will rise and tell their children,
7. and they shall put their hope in God, and not forget the works of the Almighty; and they shall guard His commandments.
8. And they shall not be like their fathers, a wayward and rebellious generation, a generation that did not set its heart straight, and whose spirit was not faithful to God.
9. The children of Ephraim, armed archers, retreated on the day of battle.2
10. They did not keep the covenant of God, and refused to follow His Torah.
11. They forgot His deeds and His wonders that He had shown them.
12. He performed wonders before their fathers, in the land of Egypt, in the field of Zoan.3
13. He split the sea and brought them across; He erected the waters like a wall.
14. He led them with a cloud by day, and all night long with the light of fire.
15. He split rocks in the wilderness, and gave them to drink as if from the abundant depths.
16. And He brought forth flowing waters from the rock, and caused waters to descend like rivers.
17. Yet they again continued to sin against Him, to provoke the Most High in the parched land.
18. And they tested God in their hearts, by requesting food for their craving.
19. They spoke against God; they said, "Can God set a table in the wilderness?
20. True, He hit the rock and waters flowed, streams gushed forth; but can He also give bread? Will He prepare meat for His people?”
21. And so the Lord heard and was enraged; a fire was kindled against Jacob; wrath, too, flared against Israel.
22. For they did not believe in God and did not trust in His salvation,
23. [though] He had commanded the skies above, and opened the doors of heaven.
24. He had rained upon them manna to eat, and given them grain of heaven.
25. Man ate the bread of angels; He sent them [enough] provisions to satiate.
26. He drove the east wind through the heaven, and led the south wind with His might.
27. He rained meat upon them like dust, winged birds like the sand of seas;
28. and He dropped them inside His camp, around His dwellings.
29. And they ate and were very satiated, for He brought them their desire.
30. They were not yet estranged from their craving, their food was still in their mouths,
31. when the wrath of God rose against them and slew their mighty ones, and brought down the chosen of Israel.
32. Despite this, they sinned again, and did not believe in His wonders;
33. so He ended their days in futility, and their years in terror.
34. When He slew them they would seek Him, they would return and pray to God.
35. They remembered that God is their rock, God the Most High, their redeemer.
36. But they beguiled Him with their mouth, and deceived Him with their tongue.
37. Their heart was not steadfast with Him; they were not faithful to His covenant.
38. Yet He is compassionate, pardons iniquity, and does not destroy; time and again He turns away His anger, and does not arouse all His wrath.
39. He remembered that they were but flesh, a spirit that leaves and does not return.
40. How often they provoked Him in the desert, and grieved Him in the wasteland!
41. Again and again they tested God, and sought a sign from the Holy One of Israel.
42. They did not remember His hand, the day He redeemed them from the oppressor;
43. that He set His signs in Egypt, and His wonders in the field of Zoan.
44. He turned their rivers to blood, and made their flowing waters undrinkable.
45. He sent against them a mixture of beasts which devoured them, and frogs that destroyed them.
46. He gave their produce to the grasshopper, and their toil to the locust.
47. He killed their vines with hail, and their sycamores with biting frost.
48. He delivered their animals to the hail, and their livestock to fiery bolts.
49. He sent against them His fierce anger, fury, rage, and affliction; a delegation of messengers of evil.
50. He leveled a path for His anger, and did not spare their soul from death; He delivered their animals to pestilence.
51. He struck every firstborn in Egypt, the first fruit of their strength in the tents of Ham.4
52. He drove His nation like sheep, and guided them like a flock in the desert.
53. He led them in security and they did not fear, for the sea covered their enemies.
54. And He brought them to the boundary of His holy place, this mountain which His right hand acquired.
55. He drove out nations before them, and allotted them an inheritance [measured] by the cord; He settled the tribes of Israel in their tents.
56. Yet they tested and defied God, the Most High, and did not keep His testimonies.
57. They regressed and rebelled like their fathers; they turned around like a deceptive bow.
58. They angered Him with their high altars, and provoked Him with their idols.
59. God heard and was enraged, and He was utterly disgusted with Israel;
60. And He abandoned the Tabernacle of Shilo, the Tent where He had dwelled among men.
61. He put His might into captivity, and His glory into the hand of the oppressor.
62. He delivered His nation to the sword, and was enraged with His inheritance.
63. Fire consumed His young men, and His maidens had no marriage song.
64. His priests fell by the sword, and their widows did not weep.5
65. And the Lord awoke like one who had been asleep, like a warrior shouting [to sober himself] from wine.
66. He beat His enemies into retreat, and dealt them eternal disgrace.
67. He was disgusted with the tent of Joseph, and did not choose the tribe of Ephraim.
68. He chose the tribe of Judah, Mount Zion which He loves.
69. And He built His Sanctuary [permanent as] the heavens; like the earth, He established it forever.
70. And He chose David His servant, and took him from the sheep corrals.
71. From following the nursing ewes, He brought Him to shepherd His nation Jacob, Israel His inheritance.
72. And he tended them with the integrity of his heart, and led them with the skill of his hands.
Tanya: Iggeret HaKodesh, middle of Epistle 5• Lessons in Tanya
• Friday, Menachem Av 15, 5775 · July 31, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 5
והנה הגם שהיא ה׳ תתאה, ה׳ אחרונה שבשם הוי׳
Now, though this is the “lower hei,” the latter hei of the Four-Letter Name of G‑d,
Supernal speech is of the level of Malchut, as alluded to in the verse, “The king’s utterance reigns.”1 The hei that is the source of speech is thus the lower hei of the Tetragrammaton, the letter which denotes the level of Malchut.
ורז״ל דרשו זה על פסוק: כי ביה
while our Sages, of blessed memory, expounded this — that the World to Come was created by the letter yud and this world by the letter hei — from their reading of the verse, “For by yud-hei [did G‑d create the worlds],”
Since these are the first two letters of the Divine Name, how are we taught here that the statement that “this world was created by the letter hei” refers to the lower letter hei, the source of the breath of the letters of speech?
היינו לפי שמקורה וראשיתה לבא לבחינת גילוי מהעלם היו״ד
this is because its source and the beginning of its progress into a state of manifestation from the obscurity of the yud
הוא מושפע ונמשך מבחינת ה׳ עילאה
is influenced and drawn forth from the level of the upper hei.
The obscurity of the yud of Chochmah is the source of every manner of revelation, both of the World to Come as well as of this world. As this relates to the letters: it serves as the source of revelation both for the “form” as well as the “matter” of the letters. It is only that in the resulting revelation of the letters, the “form” of the letters and the revelation of the World to Come emanate from the letter yud — from Chochmah — itself, while the revelation of the “matter” or external aspect of the letters emanates from the “breath of the heart,” from the latter hei of the Divine Name.
שיש לה התפשטות אורך ורוחב
[The form or shape of the letter hei] has dimensions of length and width
להורות על בחינת בינה
to indicate the faculty of Binah, for the upper hei of the Divine Name denotes the level of Binah,
שהיא התפשטות השכל הנעלם בבחינת גילוי והשגה, בהרחבת הדעת
which is the expansion of the “concealed intellect” into a state of manifestation and apprehension, extending into Daat,
והשפעתה מסתיימת בלב
and its diffusion — the diffusion of the flow of Binah — culminates in the heart.
וכמו שכתוב בתיקונים, דבינה לבא, ובה הלב מבין
Thus it is written in the Tikkunim2 that “Binah is the heart, and by means of it the heart understands.”
Thus, the diffusion of Binah takes place within the heart.
ומשם יוצא ההבל מקור גילוי גוף האותיות הדבור
From there issues the breath, the original manifestation of the “body” of the letters of speech
המתגלות בה׳ מוצאות מהעלם היו״ד
which become revealed from the concealment of the yud through the five organs of speech.
ותמונת ה׳ תתאה בכתיבתה גם כן בהתפשטות אורך ורוחב
The shape of the lower hei which, in its written form, also has dimensions of length and width,
מורה על התפשטות בחינת מלכותו יתברך, מלכות כל עולמים
indicates the extension of [G‑d’s] blessed Sovereignty, “the sovereignty of all worlds,”3
למעלה ולמטה ולד׳ סטרין
which extends upward and downward, and in the four directions,
המתפשטות ונמשכות מאותיות דבר ה׳, כמו שכתוב בקהלת: באשר דבר מלך שלטון, כמו שכתוב במקום אחר
[all these directions] extending and issuing from the letters of the “word of G‑d”; as it is written inKohelet, “The king’s utterance reigns,” as explained elsewhere.
Just as a king of flesh and blood rules through his faculty of speech, by issuing commands, so too does Supernal speech extend G‑d’s reign in all the dimensions of the created universe.
[ולהבין מעט מזעיר ענין ומהות אותיות הדבור באלקות, שאין לו דמות הגוף ולא הנפש, חס ושלום
4[As for understanding somewhat the concept and nature of “letters of speech” in relation to Divinity, inasmuch as [G‑d] has no form of a body, nor of a soul, heaven forfend,
כבר נתבאר בדרך ארוכה וקצרה (בלקוטי אמרים, חלק ב׳, פרק י״א וי״ב, עיין שם)]
this has already been explained comprehensively yet concisely 5(in Likkutei Amarim, Part II, chs. 11 and 12; see there).]
* * *
| FOOTNOTES | |
| 1. | Kohelet 8:4. |
| 2. | Introduction to Tikkunei Zohar. |
| 3. | Tehillim 145:13. |
| 4. | Brackets are in the original text. |
| 5. | Parentheses are in the original text. |
• Sefer Hamitzvos:Friday, Menachem Av 15, 5775 · July 31, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 98
Ritual Impurity of Food and Drink
We are commanded regarding food and drink that have contracted ritual impurity. [I.e., one must follow all the laws associated with this impurity.]
Ritual Impurity of Food and Drink
Ritual Impurity of Food and Drink
Positive Commandment 98
Translated by Berel Bell
The 98th mitzvah is that we are commanded to rule according to the appropriate laws regarding the tumah of food and drink.1 This mitzvah includes all the laws of tumas ochlin u'mashkin.2
FOOTNOTES
1.Lev. 11:34.
2.See Hilchos Ochlin 1:1-4.
Ishut - Chapter Twenty Three
Halacha 1
[The following rules apply when] a woman makes a provision with her husband in which he agrees to forgo one of the privileges that a husband is granted. If he wrote down [this provision] for her after she was consecrated, but beforenisu'in, there is no need to formalize the matter with an act of contract; everything he wrote to her is binding.1 If he wrote down [this provision] for her after nisu'in, he must formalize the matter with an act of contract.2
Halacha 2
If, [after nisu'in,] the husband stipulates that he will have no say with regard to [his wife's] property, and she sells it or gives it away as a present, the sale or the present is binding.3 Nevertheless, [the husband] is entitled to the benefits [that accrue from the property] during the time it is in her possession.4
If he affirmed these statements with an act of contract between consecration [and nisu'in], he is considered to have waived his rights to the land itself, and he no longer has any rights to the benefits that accrue from her property.5
His words are not heeded if he protests this action, saying: "I did not realize that this act of contract formalized my waiver of all rights to benefit from the property. [I thought that it only entitled my wife] to make a binding sale. [This interpretation is justified,] for no one will marry a woman without property." Instead, he is considered to have waived [all] rights to the land itself.
Halacha 3
If [the husband] made a provision with [his wife] not to receive the benefit that accrues from her property, he is not entitled to this benefit. Nevertheless, the benefit that accrues should be converted to financial resources, landed property should be purchased, and [the husband] is entitled to the benefits from that property.6 For he waived only the rights to the property [she owned originally].
Halacha 4
If [the husband] made a provision with [his wife] not to receive the benefit that accrues from her property, nor to receive the benefit that results from property purchased with the income from her original property, the proceeds from that property should be used to purchase other property, from which [the husband] is entitled to the benefits that accrue. These are called "the fruit of the fruit's fruit."
This pattern continues until the husband makes a provision that he has no right to any by-product of the proceeds from [his wife's property]. [If he makes such a provision,] he has no right to any benefit during her lifetime, but if she dies, he inherits her entire estate.
Halacha 5
If he makes a provision that he will not inherit [his wife's] property, the provision is binding. He is, however, entitled to receive the benefits that accrue [from this property] during her lifetime.
Similarly, [his word] is binding if he stipulates that he will inherit [only] a portion of her estate, or if he stipulates that if she dies without bearing children, her estate will return to her father's household.
Halacha 6
When does the above apply? When he made this provision before nisu'in.7 For a man has the prerogative to forgo an inheritance that comes to him from a source outside his family before he acquires the rights to it. If, however, he made the provision after nisu'in, his provision is not binding, and he inherits her estate as we explained.8
Halacha 7
When, after nisu'in, [a husband] stipulates9 that he has no say with regard to his wife's property - not with regard to the benefits from that property nor any eventual byproducts from them during her lifetime - then after her death he is not entitled to any benefit from this property at all.10 If she dies, however, he inherits her estate, as explained [above].
Halacha 8
[The following rules apply] when a husband spends money [to improve property belonging to his wife that is classified as] nichsei m'log. Whether he spent a small amount and derived much benefit, or spent a large amount and derived little benefit [he is not required to pay anything, nor may he collect anything]; what he spent, he spent, and the benefit that he enjoyed, he enjoyed.
Halacha 9
Similar [laws apply] if a woman inherited funds in a distant place, and the husband undertook expenses in order to bring them [to their home], or [expenses were required] to take them from the person who was holding them. If [the husband] purchased land [with these funds] and ate the measure of fruit [mentioned above, he is not required to pay anything, nor may he collect anything]; what he spent, he spent, and the benefit that he enjoyed, he enjoyed.
[The following procedure is adhered to if] a husband incurred expenses [on behalf of his wife's property] and did not derive any benefit or derived less benefit than the above measure. We evaluate the increment to the property, and we ask him the extent of his expenses.
If the increment is greater than the expenses, the husband must take an oath holding a sacred object, stating how much he spent. He is then reimbursed for those expenses.13 If the increment is less than the expenses, he receives only the amount of the expenses that is justified by the increment, and he must take an oath [with regard to the extent of those expenses].
Halacha 10
When does the above apply? When a husband divorces his wife [under ordinary circumstances]. [Different rules apply regarding] a woman who rebels against her husband [and denies him intimacy].14 Even if he derived much benefit, the benefit that he derives should be evaluated and subtracted from the amount fit to be given him for the expenses he undertook.15 After he takes an oath [affirming his claim], he is entitled to collect it. For he did not [incur these expenses on behalf of his wife] so that she would take them and leave him on her own accord.
Similarly, [different rules apply when] a man undertakes expenses [to develop] property belonging to his wife who is below the age of majority, and she dissolves the marriage through the right of mi'un.16 We evaluate the amount of benefit he received, the amount of his expenses, the extent of the property's increment - and then he is given the share usually allocated to a sharecropper.17[This consideration is taken] because he had permission to work [his wife's property].18
Halacha 11
There are various customs regarding [a woman's] dowry. In certain places it is customary to [state a higher figure] in the ketubah [with regard to the value of the dowry], increasing by a third, a fifth or a half. For example, if the dowry was 100 [zuz], it is written [in the ketubah] that the woman brought 150 [to the household], in order to appear more generous in the eyes of the people. [Therefore,] when the woman comes to collect her dowry, she collects only 100.
Conversely, there are places where it is customary to write a lesser amount. If it is agreed that she will bring utensils worth 100 [zuz to the household], she must bring a value of 120 or 150, and yet, [in the ketubah,] it is written that she brought only [a value of] 100.19 And there are other places where it is customary to write a value of 100 [zuz] as 100.
There are places where it is customary for a man to give a set amount of money proportionate to the dowry, for the bride to adorn herself and purchase perfume and the like. There are places where [it is customary for] the man to add an additional sum of his own for his wife and add it to her dowry, for her to appear attractive.
Halacha 12
When a man marries a woman without specifying any conditions, he should write her a ketubah, giving her a sum that is customarily given in that locale. Similarly, if she makes a commitment to bring [utensils to the household], she must bring what is customarily brought in that locale. And when she comes to collect [the money due her by virtue of] her ketubah, she collects as is customary in that locale.
In this and in all similar matters, local custom is a fundamental principle, and it is used as a basis for judgment, provided that the custom is commonly accepted in the locale.
Halacha 13
[The following rules apply when a man and a woman were engaged to each other. When he asks her, "What is the value [of the utensils] you are bringing [to the household]?", and she answers him with an amount, and she asks him, "How much will you give me [for my ketubah]?", and he answers with an amount, and afterwards he arises and consecrates her, the commitments are binding even though they were not formalized with an act of contract.20
Similarly, a commitment made by a father on behalf of his son or daughter [is binding]. For example, if he is asked, "How much will you give on behalf of your son?", and he specifies an amount, or he is asked "How much will you give on behalf of your daughter?", and he specifies an amount, [his commitment is binding].
These are commitments that are established through speech alone.21
Halacha 14
When does the above apply? When a father made a commitment on behalf of his daughter, whether she is a minor or past majority, or on behalf of his son, for their first marriage. For a man feels an inner connection to his son, and because of his happiness at his first marriage, he makes a definite commitment, and designates [the sum] for him with a verbal statement [alone].
[Different rules apply when], by contrast, a brother makes a commitment on behalf of his sister, a woman makes a commitment on behalf of her daughter, [when a commitment is made by] other relatives, and similarly, when a father makes a commitment on behalf of his son or daughter for a second marriage.22The commitment is not binding until the person making it formalizes it with an act of contract and states the amount he will give.
Halacha 15
When a father makes a commitment for his daughter, the daughter does not acquire that present until her husband consummates the marriage with her.23Similarly, a son does not acquire [the present that he was promised] until he consummates his marriage. For whenever one makes [such] a commitment, his intent is that [it be fulfilled when] the marriage is consummated.
Therefore, when a man makes a commitment to his [prospective] son-in-law, but the son-in-law dies [after erusin, but] before the marriage is consummated, and the woman is bound to his brother, [if he desires to perform the rite of]yibbum, [the woman's] father may [retract his commitment], saying: "I desired to give your brother; I do not desire to give you." [This applies] even if the first husband was an unlearned man and the second is a Torah scholar, and even if the woman desires [to marry] the second man.24
Halacha 16
When a man makes a financial commitment to his son-in-law and then moves to another country [without fulfilling his commitment], the woman has the prerogative of telling her [prospective] husband: "I did not make this commitment myself. What can I do? Either consummate the marriage without a dowry or divorce me."25
If, however, she made such a commitment herself, and she was not able to muster the funds, she must remain [in this intermediate state] until she accumulates the sum to which she committed herself or until she dies.
Why does she not release herself from her obligation by becoming a moredet26against her husband? [Because there is a difference between these two instances.] With regard to a moredet who has [merely] been consecrated, the husband desires to consummate the marriage; it is she who does not desire. In this instance, by contrast, the husband does not want [to consummate his marriage with] her until she gives the dowry to which she committed herself. She, however, desires him, [as reflected by] her request: "Either consummate [the marriage] or divorce me."
When does the above apply? To a woman past majority. If, however, a woman makes a financial commitment while she is still a minor, we compel [her prospective husband] either to divorce her or to consummate the marriage without a dowry.
Halacha 17
When a man marries a woman and makes a commitment to support her daughter for [an explicit number of] years, he is obligated to support her for [all] the years to which he committed himself, provided he made this commitment at the time of the woman's consecration.27
If, however, he made the commitment [after] the kiddushin [were given], the commitment is not binding until he affirms it with an act of contract or composes a document to that effect, as will be explained in the laws of business transactions.28
[The following rules apply when] a woman is divorced within the time that her husband committed himself to support her daughter, and she married another man who also committed himself to support her daughter for a particular number of years. The first husband does not have the prerogative to say: "If she comes to my house, I will support her."29 Instead, he must bring her support to the place where she is staying together with her mother. Similarly, both husbands do not have the prerogative of saying: "We will together provide for her support." Instead, one of the husbands must provide for her support, and the other must give her the financial value of her support.
Halacha 18
[The following rules apply when the woman's] daughter marries during the time [in which her mother's husbands] obligated themselves to supply her with her sustenance. Her own husband is obligated to provide her with her sustenance, and both of her mother's husbands are obligated to give her the financial value of her support.
[Even when the men] who obligated themselves to support her die, if they affirmed their commitment to her mother with an act of contract or they composed a formal document recording their obligation, [the daughter] is considered to be a creditor whose claim is supported by a deed, and she has the prerogative of collecting her due from property that has been sold until the conclusion of the time period for which he committed himself.
If the commitment was made at the time of the kiddushin, and was not affirmed by an act of contract, it is a commitment that was not to be recorded in a contract,30 and [the daughter] does not have the prerogative of expropriating property [from purchasers] for her support.
| FOOTNOTES | |
| 1. |
Since the man has already established a connection with this woman, but has not acquired the rights due him by virtue of the ketubah, any provision that he makes regarding those rights is binding.
|
| 2. |
Since the bond of marriage has already been consummated, the husband has already acquired all the rights to which he is entitled. Therefore, a verbal statement is not sufficient, and an official act of contract is necessary to forgo those rights. (See Ketubot 83a, which compares this to the absolution of a partnership agreement.)
|
| 3. |
Moreover, the husband is not entitled to any benefit that accrues from the money his wife receives from the sale (Ramah, Even HaEzer 92:1).
|
| 4. |
A husband has three rights with regard to his wife's property: to receive the benefits that accrue from it, to veto any sales or presents, and to inherit it in the event of his wife's death. Since the wording of the provision in the document the husband gave his wife is not specific, he is given the benefit of the doubt and is considered to have waived the least valuable of the rights he has: the veto power over his wife's sales and gifts (Rashi, Ketubot 83b).
|
| 5. |
The rationale is that before nisu'in, a deed of contract is not necessary to uphold any sale or gift that a woman may make. Since the husband took an additional step and carried out an act of contract, we assume that he did so with the intent of enhancing his wife's position and waiving all rights he has to her property (Kessef Mishneh).
This is the Rambam's interpretation of the above passage. The Ra'avad and Rabbenu Asher advance a different interpretation. The Shulchan Aruch (Even HaEzer 92:3) quotes both opinions, but appears to favor that of the Rambam.
|
| 6. |
From the Rambam's wording, it appears that it is imperative that the benefits from the land be converted into financial resources and be used to purchase other property. Rabbenu Asher and others do not accept this position and maintain that the woman has the right to use the benefits that accrue from the land as she desires. If, however, she decides to use them to purchase property, her husband is entitled to the benefits that accrue from that property. The Shulchan Aruch (Even HaEzer 94:4) quotes the Rambam's view, while the Ramah follows that of Rabbenu Asher.
|
| 7. |
If, however, the provision is made before the woman is consecrated, it is also of no consequence. For until a connection between the man and the woman is established, his statements regarding her property are of no consequence whatsoever.
|
| 8. |
See Chapter 12, Halachah 9.
|
| 9. |
And affirms his provision with an act of contract (Maggid Mishneh).
|
| 10. |
Nor does he have the right to veto a sale (Chelkat Mechokek 92:17).
|
| 11. |
I.e., at home, on his table.
|
| 12. |
This bundle must be worth at least a dinar (Chelkat Mechokek 88:12).
|
| 13. |
If the wife denies his claim and states that she is sure that he spent less, her claim is accepted provided she supports it with an oath (Ramah, Even HaEzer 88:7, Beit Shmuel 88:17).
|
| 14. |
See Chapter 14, Halachah 8.
|
| 15. |
As reflected by the Rambam's Commentary on the Mishnah (Ketubot 8:6), this applies only when the increment to the property exceeds the expenses. If the expenses exceed the increment, all he receives is the increment. (See Beit Shmuel 88:18, who quotes other authorities who differ.)
|
| 16. |
See Chapter 4, Halachah 8.
|
| 17. |
If the husband were not given consideration for his expenses and the increment he brought to the woman's property, he would seek only his own benefit and would deplete the property's value by failing to fertilize it and constantly sowing crops. This is unlikely to happen if he is given a sharecropper's allocation. In such an instance, he is likely to say: "It is possible that the marriage will continue, and so it is to my benefit to maintain the field's value. Even if the marriage does not continue, I will be justly reimbursed for my work."
|
| 18. |
The Shulchan Aruch (Even HaEzer 88:10) explains that the option is the husband's. He may choose to receive a sharecropper's allocation, or he may desire to leave the property without making a reckoning, as is done in the case when his wife is past the age of majority.
|
| 19. |
In this instance, the woman collects the greater sum when she collects her due.
|
| 20. |
In Hilchot Zechiyah UMatanah 6:17, the Rambam adds several dimensions to this statement: a) The person making the commitment must own the items he promises. If he does not own them, his commitment is not binding, for a person cannot transfer an entity that does not yet exist.
b) The commitment is not binding on property that has been sold. For only transactions that are formalized by a written deed are binding on the purchasers of property. Moreover, since this commitment can be formalized by the spoken word alone, even if it is later recorded in a written document, it is not binding on the purchasers. If, however, a formal deed of transfer is composed, it must be honored by the purchasers (Maggid Mishneh, Hilchot Zechiyah UMatanah). (See also Halachah 18.)
c) The transaction is not effective until the marriage takes place.
|
| 21. |
In general, a business agreement must be formalized by a contractual act (a kinyan), and a verbal commitment is not sufficient. An exception is made in this instance because of the happiness and closeness engendered by the marriage relationship (Ketubot 102b).
|
| 22. |
If, by contrast, a man or a woman makes a commitment for his or her own marriage, the commitment is binding without a contractual act, even if it is a second marriage that is involved.
|
| 23. |
I.e., nisu'in, the second stage of marriage, as well as erusin, the first stage, must be completed before the present is binding.
|
| 24. |
For it is her father who is making the financial commitment, not she.
|
| 25. |
I.e., the husband must take one of these two options. He cannot leave the woman consecrated (in which case she cannot marry someone else), but not married.
This ruling is quoted by the Shulchan Aruch (Even HaEzer 52:1). The Ramah states that if the woman has the financial means to meet the commitment, she must do so.
|
| 26. |
See Chapter 14, Halachot 8 and 12.
|
| 27. |
Generally, such commitments are not binding, for the commitment does not have a specific scope. In most situations, only when a definite sum is mentioned is the commitment obligatory. (See Shulchan Aruch, Even HaEzer 114.)
|
| 28. |
Hilchot Mechirah 11:15-17.
|
| 29. |
Needless to say, he is obligated to support his divorcee's daughter if his divorcee does not remarry. There is a difference of opinion among the Rabbis if the husband is required to provide his divorcee's daughter with the full measure of support she requires, or he is merely obligated to give her the amount of money it would cost for him to support her in his own home. (See Shulchan Aruch and Ramah, Even HaEzer 114:6.)
|
| 30. |
As mentioned in the notes on Halachah 13, even if this commitment was recorded in a document, as long as a formal deed is not composed, the purchasers are not under any obligation.
|
Tum'at Okhalin - Chapter 16
Halacha 1
All bundles of vegetables in the marketplaces and all the flour and fine flour in the marketplaces can be assumed to have been made susceptible to ritual impurity: the bundles of vegetables, because it is common practice to continually sprinkle water upon them and flour and fine flour, because the kernels of grain are washed and afterwards, they are ground. Similarly, when kernels of wheat are crushed in a mill into two or three pieces in order to be cooked as groats or the like, it can be assumed that they were made susceptible to ritual impurity in all places, whether they are from the marketplaces or from private homes, because they are washed to remove their shells.
Halacha 2
All of the above that are assumed to have become susceptible to ritual impurity are also assumed to have contracted impurity, because everyone touches them and they have already become susceptible to impurity. In all such situations, the word of an unlearned person is accepted if he says: "They were not made susceptible to impurity." Needless to say, with regard to other foods about which such assumptions are not made, the word of an unlearned person is accepted if he says: "They were not made susceptible to impurity."
Halacha 3
It is assumed that all fish have been made susceptible to ritual impurity. In this instance, if an unlearned person says that they were not made susceptible to impurity, his word is not accepted. For this reason, fish are always assumed to be impure.
Whether fish are caught in a large net, a small net, or a snare, if it was not turned over upon them, they do not become susceptible to impurity. If it is turned over upon them, they do become susceptible to impurity. The word of an unlearned person is not accepted if he says: "I did not turn the snare over upon them." It is assumed that they are impure unless one had the intent to catch them in a state of purity.
Halacha 4
It is assumed that all fish brine has been made susceptible to ritual impurity. When even the slightest amount of water falls into pure fish brine, the entire mixture is considered as a liquid. It makes substances susceptible to ritual impurity and it itself can contract the impurity that affects liquids. Therefore it is assumed to be impure.
If wine, honey, or milk fall into fish brine, the ruling is determined by the majority of the mixture. Similarly, if fruit juices become mixed with liquids that are susceptible to impurity aside from water, the ruling is determined by the majority of the mixture. If the fruit juice becomes mixed with even the slightest amount of water, the entire mixture is considered as a liquid that imparts impurity and it is susceptible to contracting impurity as liquids do and it makes other foods susceptible to impurity.
Brine from unkosher locusts does not make foods susceptible to impurity, but it does contract the impurity associated with liquids.
Halacha 5
When a person purchases fish brine from an unlearned person, he can make it pure by connecting it to the water of a mikveh. The rationale is as follows: If the majority of the brine is water, the water regains purity because of the mikveh. If the majority is fish brine, it is not susceptible to impurity and the water within the mixture is considered as negligible because of the small amount that is present.
When does the above apply? When one seeks to dip bread in the mixture. If, however, one seeks to cook it in a pot containing water, one type finds its fellow and it becomes significant. Thus the majority of the water is impure, since the minimal amount that was in the brine was not purified in a mikveh.
Halacha 6
Produce is always considered as pure, even if the seller is a gentile unless it is known that they became susceptible to impurity through contact with water or are from the types of produce that we can assume became susceptible to impurity.
Halacha 7
In all places, sumach berries can be assumed to be impure. Similarly, all zucchini, squash, and other vegetables that are hung by reeds at the entrance to stores can be assumed to have been susceptible to impurity and to have contracted impurity.
Halacha 8
All that is written in the Torah and the words of Scripture concerning the laws of ritual purity and impurity apply only with regard to the Sanctuary, sacrifices consecrated for it, terumah, and the second tithe. For individuals who are ritually impure were warned against entering the Sanctuary or partaking of sacrificial foods, terumah, or the second tithe while impure. There is no prohibition at all against partaking of ordinary foods while impure. Instead, it is permitted to eat ordinary foods that are impure and partake of ordinary beverages that are impure. Behold, it is written in the Torah Leviticus 7:19: "The meat that will come in contact with any impurity should not be eaten." It can be inferred that that it is permissible to partake of ordinary foods while impure, because the verse is speaking only about sacrificial foods.
If so, what is the intent of the statement: Ordinary food that is a primary derivative of impurity is impure and that which is a secondary derivative is disqualified?. The intent is not that the food itself is forbidden to be eaten, instead, its status is important only when counting levels with regard to terumahand sacrificial foods. For if ordinary food that is a secondary derivative of impurity touches terumah, it disqualifies it and causes it to be considered as a tertiary derivative. Similarly, if it touches sacrificial food, it imparts impurity to it and causes it to be considered as a tertiary derivative, as we explained. Similarly, if a person who ate ordinary food that was a secondary derivative of impurity touches terumah, he disqualifies it.
Halacha 9
Just as it is permitted to eat impure ordinary food and drink impure ordinary beverages, so too, it is permitted to impart impurity to ordinary food in Eretz Yisrael. Even as an initial preference, one may impart impurity to food from which terumah and the tithes were separated.
Similarly, it is permissible for a person to touch all sources of impurity and contract impurity from them. This is evident from the fact that the Torah warned a priest and a nazirite from becoming impure through contact with a human corpse. One can infer from this that all other members of the people are permitted. Moreover, even priests and nazirites are permitted to contract impurity from all other sources of impurity with the exception of a human corpse.
Halacha 10
All Israelites are warned to be pure on every pilgrimage festival, because at that time, they are ready to enter the Sanctuary and partake of consecrated foods. The Torah's statement Leviticus 11:8: "You shall not touch their carcasses," applies only on the festivals. Moreover, if a person does contract impurity, he is not liable for lashes. During the remainder of the year, one is not prohibited at all.
Halacha 11
"The impure and the pure may partake of it" [Deuteronomy 12:22. According to the Oral Tradition, it was taught: an impure person and a pure person may eat from the same plate. Nevertheless, a husband may not eat from the same plate as his wife when she is in the nidah state, nor may he drink with her, nor may he pour her a cup of beverage for her, as we explained. Similarly, a zav should not eat with a zavah because familiarity may lead to sin, for perhaps they will engage in intimate relations.
Halacha 12
Even though it is permitted to eat impure foods and drink impure beverages, the pious men of the early generations would partake of their ordinary food in a state of ritual purity and would avoid all of the sources of impurity throughout their lives. They are called perushim.
This is an extra measure of holiness and a path to piety: to be separate from people at large, to hold oneself apart from them, not to touch them, nor eat and drink with them. For setting oneself apart leads to the purification of the body from wicked actions. Purifying one's body leads to sanctifying one's soul from wicked character traits. And the holiness of the soul causes one to resemble the Divine presence, as Leviticus 11:44 states: "And you shall make yourselves holy; and you shall be holy, because I, God, Who makes you holy, am holy."
Blessed be the Merciful One Who offers assistance.
Kelim - Chapter 1
HILCHOT KEILIM
The Laws Pertaining to Keilim
The purpose of this collection of laws is to know which keilim are susceptible to any of these types of impurity, those keilim which are not susceptible to impurity, and how keilim contract and impart impurity.
This concept is explained in the ensuing chapters.
Halacha 1
There are seven types of keilim that are susceptible to impurity according to Scriptural Law. They are: clothes, keilim from sackcloth, leather keilim, keilimmade from bone, metal keilim, wooden keilim, and earthenware keilim. ForLeviticus 11:32 states: "From all wooden implements, garments, leather articles, or sackcloth." And with regard to metal utensils, Numbers 31:22 states: "But the gold and the silver...." And with regard to earthenware utensils,Leviticus 11:33 states: "And every earthenware container into whose inner space one of them will fall, everything inside of it will contract impurity and the container should be broken."
Halacha 2
According to the Oral Tradition, it was taught that the Torah's statementNumbers 31:20: "And anything made from goats" includes keilim made from the horns, hooves, and bones of goats. The same applies to keilim made from the body parts of other domesticated and undomesticated animals. keilim made from the bones of fowl, by contrast, are not susceptible to impurity with the sole exception of keilim made from the wings of an osprey and an ostrich egg that was coated. Since they resemble bones, they are susceptible to ritual impurity as a bone implement is. It nigh appears to me that their impurity is of Rabbinic origin.
Halacha 3
keilim that are fashioned from the bones or the hide of sea-animals are pure. Everything from the sea is pure and is not susceptible to any form of impurity, including the impurity stemming from articles that contracted impurity from azav. Even if one weaves a garment with "wool" growing in the sea, it is not susceptible to impurity.
This is implied by the phrase: "garments or leather articles." According to the Oral Tradition, it was taught "Just as it is only a garment that comes from plants that grow on the earth that is susceptible to ritual impurity, so too, only leatherkeilim that come from plants that grow on the earth are susceptible to ritual impurity.
The following law applies if one connected fabric from plants that grow in the sea with fabric from plants that grow on the earth, even if only by a thread or a fringe. If they were connected in a way that they are considered a single entity with regard to ritual impurity, i.e., if one became impure, the other became impure, the entire entity becomes susceptible to impurity.
Halacha 4
It appears to me that utensils made from the skin of a fowl are not susceptible to impurity like its bones. One might object, saying: Such skin is acceptable to have tefillin written upon it like the hide of a domesticated or undomesticated animal. That objection can be refuted as follows:[ The skin of a fish is not susceptible to ritual impurity. [Nevertheless, were it not for its filth which never ceases, it would be acceptable to be used for tefillin. Thus it is derived that even an entity that is not susceptible to ritual impurity is acceptable to be used fortefillin if it is not characterized by filth.
Halacha 5
Glass keilim are not susceptible to ritual impurity according to Scriptural Law. Our Sages decreed that they would be susceptible to impurity. The rationale is that since, at the outset, they are made from sand like earthenware utensils, they are considered as earthenware utensils. Since their inside can be seen like their outside, the Sages did not decree that they would contract impurity from their inner space. Instead, the impurity must touch them, whether on the inside or the outside, as is true with regard to metal utensils. They did not establish this decree with regard to flat glass keilim, only those that serve as containers. Once such containers contract impurity, they cannot be purified in a mikveh.Terumah and sacrificial food is not burnt after contact with them, for it was decreed only that their state would be held in abeyance.
Halacha 6
Utensils made from animal turds, stone, or earth are always pure. They are not susceptible to any form of impurity, nor to the impurity that stems from articles that contracted impurity from a zav, neither according to Scriptural Law, nor according to Rabbinic Law, neither flat keilim, nor containers.
Halacha 7
When an elephant swallows thin branches and then excretes them as feces, if one fashions utensils from them, their status is unresolved. It was not determined whether they are considered as utensils made from feces or utensils made from wood as they would have been had they not been swallowed. When, however, a basket that had contracted impurity was swallowed by an elephant and was excreted as feces, it remains impure.
Halacha 8
Flat earthenware utensils, e.g., a lamp, a chair, a table, or the like made of earthenware are not susceptible to any of the types of impurity, nor to the impurity that stems from articles that contracted impurity from a zav, neither according to Scriptural Law, nor according to Rabbinic Law, as implied by the phrase, Leviticus 11:33: "Into whose inner space one of them will fall." One can infer that any earthenware utensil that has a receptacle is susceptible to impurity. If it does not have a receptacle, it is pure.
Halacha 9
Metal keilim, whether flat, like knives or scissors, or containers like pots or kettles, are all susceptible to ritual impurity, as implied by Numbers 31:23: "Any entity that will pass through fire," i.e., whether a container or a flat implement. Even a chest or a drawer, or the like that are made from metal and which contain 40 se'ah of liquid measure or more are susceptible to ritual impurity, as implied by the phrase: "Any entity that will pass through fire."
Halacha 10
Containers made from wood, leather, or bone, e.g., a kneading trough, a drinking pouch, or the like, are susceptible to ritual impurity according to Scriptural Law. Keilim made from wood, leather, or bone that are flat, e.g., tablets, a chair, a leather mat on which one eats, and the like, by contrast, are susceptible to ritual impurity only according to Rabbinic Law, as implied by the phrase: "From all wooden keilim... or sackcloth." According to the Oral Tradition, it was taught: "Just as the sackcloth which is susceptible to ritual impurity has a receptacle, so too, keilim made from all the other substances mentioned must have a receptacle. keilim made from bone are governed by the same laws as those made from wood in all matters.
When does the statement that flat utensils made from these substances are susceptible to impurity only according to Rabbinic Law apply? With regard to all impurities other than the impurity contracted from a support that contracted impurity from a zav. With regard to the impurity resulting from a support that contracted impurity from a zav or others like him, they contract impurity according to Scriptural Law, as implied by Leviticus 15:4: "Any surface on which one lies upon which a zav will lie." This includes everything made to lie upon or ride upon, as we explained. Similarly, glass keilim made to lie upon contract impurity according to Rabbinic Law.
Halacha 11
Any article that is woven, whether from wool, from linen, hemp, silk, or other fabrics that grow on land, is called a garment with regard to impurity. Felt is like a garment with regard to all matters.
Halacha 12
Sackcloth refers to threads of hair that are braided like a chain or woven like garments, whether they are made from goats' hair, camels' wool, the hairs of a tail of a horse or cow or the like. This applies whether they are woven like sacks or braided like a band for donkeys or the like. Ropes or strands, whether they are spun from goats' hair or from wool or linen are not susceptible to ritual impurity on their own accord.
Halacha 13
All utensils that are fashioned from reeds, from willow-branches, from bulrushes, from date branches, from leaves and branches, the bark of the tree, and grasses, e.g., small baskets, large baskets, rugs, or mats are all considered as wooden utensils, for anything that grows from the earth is considered as wood.
The same laws that govern earthenware utensils govern sandstone utensils. Any utensil that is made from earth or sand and is then burnt in a kiln is considered as an earthenware utensil. An oven, a range, a stove or the like, i.e., structures in which food is baked or cooked, all are susceptible to ritual impurity according to Scriptural Law. The laws governing their impurity are the same as those governing that of an earthenware utensil.
Kelim - Chapter 2
Halacha 1
Whenever a person makes a receptacle, it is susceptible to impurity according to Scriptural Law regardless of its size. There is no minimum measure for a receptacle, provided it is made from a lasting substance that will be maintained.
What is implied? When a person makes a utensil from a hide that was not processed at all, from paper, even though the paper itself is not susceptible to impurity, or from the shells of pomegranates, nuts, or acorns, even if children hollowed out the shells to measure earth or they were prepared to be used for scales, the utensils are susceptible to ritual impurity. The rationale is that the deeds of a child, a deafmute, a mentally or emotionally compromised person and a minor are halachically significant, although their intent is not halachically significant.
If, however, one makes a utensil from a dried turnip, esrog, or squash, hollowing them out to measure with them or the like, they are pure, for it is impossible that they will last longer than a short while.
Halacha 2
All of the following - the horizontal rod of a scale and a leveling rod that have a receptacle where metal can be place, a peddler's pole that has a receptacle where coins can be stored, a wooden pole that has a place where water is stored, a staff that has a receptacle for a mezuzah or a place for a pearl, a wooden sharpener that has a receptacle for oil, a wooden writing tablet that has a receptacle for wax - are susceptible to ritual impurity according to Scriptural Law, because they have a receptacle, even though it may be of the smallest size.
According to Scriptural Law, it is only the receptacle that these keilim contain and the part of the k'li that serves the receptacle and that the receptacle requires that is susceptible to impurity. The remainder of a flat k'li that is not necessary for the receptacle, is pure according to Scriptural Law. It is susceptible to impurity according to Rabbinic Law, as we explained.
Halacha 3
When a receptacle is intended to be filled, it is not considered as a receptacle. What is implied? When a receptacle is hollowed out from a block of wood and then a metal anvil is inserted into it, if it is a blacksmith's, it is not susceptible to ritual impurity. Although it has a receptacle, it was made to be filled. Similar laws apply in all analogous situations.
If the anvil was for jewelers, the k'li is susceptible to ritual impurity, because whenever they desire, they lift up the iron and collect the filings of gold and silver that collect there, under the anvil. Thus the hollow is meant to serve as a receptacle. Similar laws apply in all analogous situations.
Halacha 4
When a cup is carved below the legs of beds, chests, and the like, even though it is a receptacle, it is pure. It is considered as if it does not have a receptacle, because it is not intended to collect anything, but rather to support furniture.
A hollow piece of straw is susceptible to impurity like any wooden k'li that is susceptible to impurity even if it can only take in one drop. A hollow reed is not susceptible to impurity until all the white sap in it is removed. If it was not cut for the sake of taking in other substances, it is considered like other flat woodenkeilim. The hollow stems of gall and the like are not considered as keilim, but rather as foods.
Halacha 5
When one cuts a straw, inserted a mezuzah inside of it, and then placed it inside a wall, it is susceptible to impurity even if he placed it in the wall with its open part pointed downward. If he affixed it to the wall, affixing it with its open part pointed upward, it is susceptible to impurity. If the open part is pointed downward, it is pure.
Should one place the straw in the wall and then insert the mezuzah inside, if the open part was pointing upward, it is susceptible to impurity. If the open part is pointing downward, it is pure. If he affixed it to the wall, even if its open part is pointing upward, it is pure.
Halacha 6
The following laws apply to a k'li that is made by weaving pieces of wood orsh'am for the purpose of spreading clothes over it while incense is burned below it so that they become fragrant. If it was made like a beehive that has no base, it is pure. if it has an opening where a covering can be placed, it is susceptible to impurity.
Halacha 7
A metal foot-covering for an animal is impure. If it is made from sh'am, it is pure, because that is not considered as a receptacle.
Halacha 8
When a person bundles a pearl in a hide and, after he removes it, a hollow is left, it is susceptible to impurity until it is smoothed out. For any container is considered a receptacle if it can hold even the slightest amount and, in the above instance, something resembling a small pocket is left. If, however, one bundles coins in a hide, it is not susceptible to impurity, because such a bundle does not have the form of container at all.
• Friday, Menachem Av 15, 5775 · 31 July 2015
"Today's Day"
Monday Menachem Av 15 5703
Tachanun is not said.
Torah lessons: Chumash: Eikev, Sheini with Rashi.
Tehillim: 77-78.
Tanya: V. "And David made (p. 407) ...understands everything. (p. 411).
From my father's notes: The superior quality of 15 Av over the fifteenth of every other month is this: The fifteenth represents the visible completeness (of the moon), but (the moon) is still only a recipient1 (of light). However, on 15 Av the light is firmly fixed in it, for the ascent is in reverse proportion to the drastic descent of Tisha B'Av...
This then is the meaning of "The sun's power is weakened" (on 15 Av after its summer intensity). The idolators calculate their calendar by the sun of evil, which on the 15th is weakened... In the days of the Sanctuary they (the nations) were subservient to Shlomo (King Solomon); certainly it shall be so in the Time-to-Come when "(the nations) will flow to Him"2 in a state of totalbitul (nullification), and "I will remove the spirit of impurity etc." A token of this is expressed on the 15th of Av when the sun is weakened...
FOOTNOTES
1. The moon reflects the sun's light; it is not a self-engendering light-source as is the glowing orb of the sun.
2. Yeshayahu 2:2.
Daily Thought:
Present in Absence
The true teacher is most present in his absence.
It is then that all he has taught takes root, grows and blossoms.
The student despairs for his teacher’s guidance,
and in that yearning, the student’s mind becomes as the teacher’s mind,
so that they become one.[Maamar Vayomer Lo 5728, 5732, 5737.]
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