Torah Reading
Devarim (Deuteronomy 1:1 These are the words Moshe spoke to all Isra’el on the far side of the Yarden River, in the desert, in the ‘Aravah, across from Suf, between Pa’ran and Tofel, Lavan, Hatzerot and Di-Zahav. 2 It is eleven days’ journey from Horev to Kadesh-Barnea by way of Mount Se‘ir.
Today's Laws & Customs:
3 On the first day of the eleventh month of the fortieth year, Moshe spoke to the people of Isra’el, reviewing everything Adonai had ordered him to tell them. 4 This was after he had defeated Sichon, king of the Emori, who lived in Heshbon, and ‘Og, king of Bashan, who lived in ‘Ashtarot, at Edre‘i. 5 There, beyond the Yarden, in the land of Mo’av, Moshe took it upon himself to expound this Torah and said:
6 “Adonai spoke to us in Horev. He said, ‘You have lived long enough by this mountain. 7 Turn, get moving and go to the hill-country of the Emori and all the places near there in the ‘Aravah, the hill-country, the Sh’felah, the Negev and by the seashore — the land of the Kena‘ani, and the L’vanon, as far as the great river, the Euphrates River. 8 I have set the land before you! Go in, and take possession of the land Adonai swore to give to your ancestors Avraham, Yitz’chak and Ya‘akov, and their descendants after them.’
9 “At that time I told you, ‘You are too heavy a burden for me to carry alone. 10 Adonai your God has multiplied your numbers, so that there are as many of you today as there are stars in the sky. 11 May Adonai, the God of your ancestors, increase you yet a thousandfold and bless you, as he has promised you! (ii) 12 But you are burdensome, bothersome and quarrelsome! How can I bear it by myself alone? 13 Pick for yourselves from each of your tribes men who are wise, understanding and knowledgeable; and I will make them heads over you.’
14 “You answered me, ‘What you have said would be a good thing for us to do.’ 15 So I took the heads of your tribes, men wise and knowledgable, and made them heads over you — leaders in charge of thousands, of hundreds, of fifties and of tens, and officers, tribe by tribe. 16 At that time I commissioned your judges, ‘Hear the cases that arise between your brothers; and judge fairly between a man and his brother, and the foreigner who is with him. 17 You are not to show favoritism when judging, but give equal attention to the small and to the great. No matter how a person presents himself, don’t be afraid of him; because the decision is God’s. The case that is too hard for you, bring to me and I will hear it.’ 18 I also gave you orders at that time concerning all the things you were to do.
19 “So we left Horev and went through all that vast and fearsome desert which you saw on the way to the hill-country of the Emori, as Adonai our God ordered us; and we arrived at Kadesh-Barnea. 20 There I said to you, ‘You have come to the hill-country of the Emori, which Adonai our God is giving to us. 21 Look! Adonai your God has placed the land before you. Go up, take possession, as Adonai, the God of your ancestors, has told you. Don’t be afraid, don’t be dismayed.’
(iii) 22 “You approached me, every one of you, and said, ‘Let’s send men ahead of us to explore the country for us and bring back word concerning what route we should use in going up and what the cities we will encounter are like.’ 23 The idea seemed good to me, so I took twelve of your men, one from each tribe; 24 and they set out, went up into the hills, came to the Eshkol Valley and reconnoitered it. 25 They took some of the produce of the land and brought it down to us; they also brought back word to us — ‘The land Adonai our God is giving to us is good.’
26 “But you would not go up. Instead you rebelled against the order of Adonai your God; 27 and in your tents you complained, ‘It’s because Adonai hated us that he has brought us out of the land of Egypt, only to hand us over to the Emori to destroy us. 28 What sort of place is it that we’re heading for? Our brothers made our courage fail when they said, “The people are bigger and taller than we are; the cities are great and fortified up to the sky; and finally, we have seen ‘Anakim there.”’
29 “I answered you, ‘Don’t be fearful, don’t be afraid of them. 30 Adonai your God, who is going ahead of you, will fight on your behalf, just as he accomplished all those things for you in Egypt before your eyes, 31 and likewise in the desert, where you saw how Adonai your God carried you, like a man carries his child, along the entire way you traveled until you arrived at this place. 32 Yet in this matter you don’t trust Adonai your God, 33 even though he went ahead of you, seeking out places for you to pitch your tents and showing you which way to go, by fire at night and by a cloud during the day.’
34 “Adonai heard what you were saying, became angry and swore, 35 ‘Not a single one of these people, this whole evil generation, will see the good land I swore to give to your ancestors, 36 except Kalev the son of Y’funeh — he will see it; I will give him and his descendants the land he walked on, because he has fully followed Adonai.’
37 “Also, because of you Adonai was angry with me and said, ‘You too will not go in there. 38 Y’hoshua the son of Nun, your assistant — he will go in there. So encourage him, because he will enable Isra’el to take possession of it. (iv) 39 Moreover, your little ones, who you said would be taken as booty, and your children who don’t yet know good from bad — they will go in there; I will give it to them, and they will have possession of it. 40 But as for yourselves, turn around and head into the desert by the road to the Sea of Suf.’
41 “Then you answered me, ‘We have sinned against Adonai. Now we will go up and fight, in accordance with everything Adonai our God ordered us.’ And every man among you put on his arms, considering it an easy matter to go up into the hill-country. 42 But Adonai said to me, ‘Tell them, “Don’t go up, and don’t fight, because I am not there with you; if you do, your enemies will defeat you.”’ 43 So I told you, but you wouldn’t listen. Instead, you rebelled against Adonai’s order, took matters into your own hands and went up into the hill-country; 44 where the Emori living in that hill-country came out against you like bees, defeated you in Se‘ir and chased you back all the way to Hormah. 45 You returned and cried before Adonai, but Adonai neither listened to what you said nor paid you any attention. 46 This is why you had to stay in Kadesh as long as you did.
2:1 “Then we turned and began traveling into the desert along the road to the Sea of Suf, as Adonai had said to me; and we skirted Mount Se‘ir for a long time. (v) 2 Finally Adonai said to me, 3 ‘You have been going around this mountain long enough! Head north, 4 and give this order to the people: “You are to pass through the territory of your kinsmen the descendants of ‘Esav who live in Se‘ir. They will be afraid of you, so be very cautious, 5 and don’t get into disputes with them; for I am not going to give you any of their land, no, not even enough for one foot to stand on; inasmuch as I have given Mount Se‘ir to ‘Esav as his possession. 6 Pay them money for the food you eat, and pay them money for the water you drink. 7 For Adonai your God has blessed you in everything your hands have produced. He knows that you have been traveling through this vast desert; these forty years Adonai your God has been with you; and you have lacked nothing.’
8 “So we went on past our kinsmen the descendants of ‘Esav living in Se‘ir, left the road through the ‘Aravah from Eilat and ‘Etzyon-Gever, and turned to pass along the road through the desert of Mo’av. 9 Adonai said to me, ‘Don’t be hostile toward Mo’av or fight with them, because I will not give you any of their land to possess, since I have already given ‘Ar to the descendants of Lot as their territory.’” 10 (The Emim used to live there, a great and numerous people as tall as the ‘Anakim. 11 They are also considered Refa’im, as are the ‘Anakim, but the Mo’avim call them Emim. 12 In Se‘ir the Horim used to live, but the descendants of ‘Esav dispossessed and destroyed them, settling in their place. Isra’el did similarly in the land it came to possess, which Adonai gave to them.) 13 “‘Now get going, and cross Vadi Zered!’
“So we crossed Vadi Zered. 14 The time between our leaving Kadesh-Barnea and our crossing Vadi Zered was thirty-eight years — until the whole generation of men capable of bearing arms had been eliminated from the camp, as Adonai had sworn they would be. 15 Moreover, Adonai’s hand was against them to root them out of the camp until the last of them was gone. 16 When all the men who were able to bear arms had died and were no longer part of the people, 17 Adonai said to me, 18 ‘Today you are to cross the border of Mo’av at ‘Ar. 19 When you approach the descendants of ‘Amon, don’t bother them or fight with them, for I will not give you any of the territory of the people of ‘Amon to possess, since I have given it to the descendants of Lot as their territory.’”
20 (This too is considered a land of the Refa’im: Refa’im, whom the Emori call Zamzumim, used to live there. 21 They were a large, numerous people, as tall as the ‘Anakim; but Adonai destroyed them as the people of ‘Amon advanced and settled in their place — 22 just as he destroyed the Horim as descendants of ‘Esav advanced into Se‘ir and settled in their place, where they live to this day. 23 It was the same with the ‘Avim, who lived in villages as far away as ‘Azah — the Kaftorim, coming from Kaftor, destroyed them and settled in their place.)
24 “‘Get up, get moving, and cross the Arnon Valley! Here, I have put in your hands Sichon the Emori, king of Heshbon, and his land; commence the conquest, begin the battle! 25 Today I will start putting the fear and dread of you into all the peoples under heaven, so that the mere mention of your name will make them quake and tremble before you.’
26 “I sent envoys from the K’demot Desert to Sichon king of Heshbon with a peaceable message, 27 ‘Let me pass through your land. I will keep to the road, turning neither right nor left. 28 You will sell me food to eat for money and give me water to drink for money. I only want to pass through. 29 Do as the people of ‘Esav living in Se‘ir and the Mo’avim living in ‘Ar did with me, until I cross the Yarden into the land Adonai our God is giving us.’
30 “But Sichon king of Heshbon would not let us pass through his territory, because Adonai your God had hardened his spirit and made him stubborn, so that he could hand him over to you, as is the case today. (vi) 31 Adonai said to me, ‘See, I have begun handing over Sichon and his territory before you; start taking possession of his land.’ 32 Then Sichon came out against us, he and all his people, to fight at Yahatz; 33 and Adonai our God handed him over to us, so that we defeated him, his sons and all his people. 34 At that time we captured all his cities and completely destroyed every city — men, women, little ones — we left none of them. 35 As booty for ourselves we took only the cattle, along with the spoil from the cities we had captured. 36 From ‘Aro‘er, on the edge of the Arnon Valley, and from the city in the valley, all the way to Gil‘ad, there was not one city too well fortified for us to capture — Adonai our God gave all of them to us. 37 The only land you didn’t approach was that of the descendants of ‘Amon — the region around the Yabok River, the cities in the hills and wherever else Adonai our God forbade us to go.
3:1 “Then we turned and went up the road to Bashan, and ‘Og the king of Bashan came out against us with all his people to fight at Edre‘i. 2 Adonai said to me, ‘Don’t be afraid of him; for I have handed him, all his people and his territory over to you; you will do to him as you did to Sichon king of the Emori, who lived at Heshbon.’ 3 So Adonai our God also handed over to us ‘Og the king of Bashan with all his people, and we defeated him until he had no one left. 4 At that time we captured all his cities; there was not one city of theirs that we didn’t capture. There were sixty cities, all the region of Argov, the kingdom of ‘Og in Bashan; 5 all of them fortified cities with high walls, gates and bars — in addition to a great number of unwalled towns. 6 We completely destroyed them, as we did with Sichon king of Heshbon, annihilating every city —men, women and little ones. 7 But we took all the livestock, along with the spoil from the cities, as booty for ourselves.
8 “At that time we captured the territory of the two kings of the Emori east of the Yarden between the Arnon Valley and Mount Hermon,” 9 the Hermon which the Tzidonim call Siryon and the Emori call S’nir, 10 “all the cities of the plain, all Gil‘ad and all Bashan, as far as Salkhah and Edre‘i, cities of the kingdom of ‘Og in Bashan.” 11 ‘Og king of Bashan was the last survivor of the Refa’im. His bed was made of iron; it is still in Rabbah with the people of ‘Amon. It was nine cubits long and four cubits wide, using the normal cubit [thirteen-and-a-half by six feet].
12 “Of this land that we took possession of then, I assigned to the Re’uveni and the Gadi the territory extending from ‘Aro‘er along the Arnon Valley together with half the hill-country of Gil‘ad, including its cities. 13 The rest of Gil‘ad and all Bashan, the kingdom of ‘Og, I gave to the half-tribe of M’nasheh.”
The whole region of Argov together with all of Bashan form what is called the land of Refa’im. 14 Ya’ir the son of M’nasheh took all the region of Argov, as far as the border with the G’shuri and the Ma‘akhati; he named this whole area, including Bashan, after himself — it remains Havot-Ya’ir to this day.
(vii) 15 “I gave Gil‘ad to Machir; 16 and to the Re’uveni and the Gadi I gave the territory from Gil‘ad to the Arnon Valley, with the middle of the valley as the border, as far as the Yabok River, which is the border with the people of ‘Amon; 17 the ‘Aravah too, the Yarden being its border, from Kinneret to the Sea of the ‘Aravah, the Dead Sea, at the foot of the slopes of Pisgah to the east.
18 “At that time I gave you this order: ‘Adonai your God has given you this land to possess. But all of you who are fit to fight must cross over, armed, ahead of your brothers the people of Isra’el. 19 Your wives, your little ones and your livestock — I know you have much livestock — will stay in your cities which I have given you, (Maftir) 20 until Adonai allows your brothers to rest, as he has allowed you; and they too take possession of the land Adonai your God is giving them on the west side of the Yarden. At that point you will return, each man to his own possession which I have given you.’
21 “Also at that time I gave this order to Y’hoshua: ‘Your eyes have seen everything that Adonai your God has done to these two kings. Adonai will do the same to all the kingdoms you encounter when you cross over. 22 Don’t be afraid of them, because Adonai your God will fight on your behalf.’)
• Shabbat Chazon ("Shabbat of Vision")
The Shabbat before the Ninth of Av is called Shabbat Chazon("Shabbat of Vision") after the opening words of the day's reading from the prophets ("haftara"), which is the third of the series of readings known as "The Three of Rebuke." On this Shabbat, say the Chassidic masters, we are granted a vision of the Third Temple; we may not see it with our physical eyes, but our souls see it, and are empowered to break free of our present state of galut (exile and spiritual displacement) and bring about the Redemption and the rebuilding of the Temple.
Links:
The Holy Temple: an Anthology
Shabbat of Vision
About the "Three of Rebuke"
http://www.thethreeweeks.com
• Fast Begins this Evening
Because of the holiness of Shabbat, the Fast of the Ninth of Av mourning destruction of the Temple and the exile of Israel (see "Today in Jewish History") is postponed to after Shabbat. The fast begins this evening at sunset, and continues throughtomorrow, Av 10, till nightfall.
Some of the fast's mourning practices--such as refraining from Torah study other than texts related to the events and nature of the fast day--are observed beginning from midday today.
Finish eating by sunset. After nightfall say, "Blessed is He who distinguishes between the holy and the mundane." No Havdalahtonight, but light a candle and recite the fire blessing. Havdalahis recited after the fast (omitting the candle and incense blessings).
"Eichah"--the Book of Lamentations--is read tonight in the synagogue after evening prayers.
See "Laws and Customs" for tomorrow, Av 10, for the particular observances of the fast day.
Links:
Mitzvah Minute: Tisha b'Av
Laws of Tishah B'Av
Today in Jewish History:
• Exodus Generation Condemned to Die in Desert (1312 BCE)
On the Ninth of Av of the year 2449 from creation (1312 BCE), the generation of Jews who came out of Egypt under Moses' leadership 16 months earlier were condemned to die in the desert and the entry into the Land of Israel was delayed for 40 years.
As related in Numbers 14, when the Spies that Moses sent to the Land of Canaan returned with their disheartening report (see "Today in Jewish History" for yesterday, Av 8), the people wept all night -- the night of Av 9th -- proclaiming that they'd rather return to Egypt than attempt to conquer and settle it; G-d decreed that the entire generation would wander in the desert for 40 years until the last of them died out, and that their children, under the leadership of Joshua, will enter the land He promised as Israel's heritage.
This is the first of five national tragedies that occurred on Av 9 listed by the Talmud (Taanit 4:6), due to which the day was designated as a fast day. The other four are: the destruction of the two Temples, the fall of Betar, and the plowing over of Jerusalem. (see below)
Links: The Spies
• Holy Temples Destroyed; Birth of Moshiach (423 BCE and 69 CE)
Both the first and second Holy Temples which stood in Jerusalem were destroyed on Av 9: the First Temple by the Babylonians in the year 3338 from creation (423 BCE), and the second by the Romans in 3829 (69 CE).
The Temples' destruction represents the greatest tragedy in Jewish history, for it marks our descent into Galut--the state of physical exile and spiritual displacement in which we still find ourselves today. Thus the Destruction is mourned as a tragedy that affects our lives today, 2,000 years later, no less than the very generation that experienced it first hand.
Yet the Ninth of Av is also a day of hope. The Talmud relates that Moshiach ("anointed one"--the Messiah), was born at the very moment that the Temple was set aflame and the Galutbegan. [This is in keeping with the teachings of our sages that, "In every generation is born a descendent of Judah who is worthy to become Israel's Moshiach" (Bartinoro on Ruth); "When the time will come, G-d will reveal Himself to him and send him, and then the spirit of Moshiach, which is hidden and secreted on high, will be manifested in him" (Chattam Sofer).]
Links:
The Holy Temple: an Anthology
Moshiach: an Anthology
Moshiach and the Future Redemption
See "Laws and Customs"
• Fall of Betar (133 CE)
Betar, the last stronghold in the heroic Bar Kochba rebellion, fell to the Romans on the 9th of Av of the year 3893 (133 CE) after a three-year siege. 580,000 Jews died by starvation or the sword, including Bar Kochba, the leader of the rebellion.
Link: A Talmudic account of the fall of Betar
• Expulsion from England (1290)
The Jews of England were expelled by King Edward I on this date in 1290.
• The Spanish Expulsion (1492)
The Jews of Spain were expelled by King Ferdinand and Queen Isabella on the 9th of Av of 1492, terminating many centuries of flourishing Jewish life in that country.
Daily Study:
Chitas and Rambam for today:
Chumash: Devarim, 7th Portion Deuteronomy 3:15-3:22 with Rashi
• Chapter 3
15And to Machir I gave Gilead. טווּלְמָכִיר נָתַתִּי אֶת הַגִּלְעָד:
16And to the Reubenites and to the Gadites I gave from Gilead to the brook of Arnon, the midst of the brook and the border, until the brook of Jabbok, which is the boundary of the children of Ammon, טזוְלָראוּבֵנִי וְלַגָּדִי נָתַתִּי מִן הַגִּלְעָד וְעַד נַחַל אַרְנֹן תּוֹךְ הַנַּחַל וּגְבֻל וְעַד יַבֹּק הַנַּחַל גְּבוּל בְּנֵי עַמּוֹן:
The midst of the brook and the border: The entire brook and [the land] on its opposite bank. As if to say, עַד,“until” [the brook of Arnon,] including [the brook itself, i.e., the brook itself is included in the words תּוֹךְ הַנַּחַל] and then a bit more [namely, the opposite bank, referred to by the word וּגְבֻל]. תוך הנחל וגבול: כל הנחל ועוד מעבר לשפתו, כלומר עד ועד בכלל ויותר מכאן:
17the plain, the Jordan and the border thereof, from Kinnereth to the sea of the plain the Sea of Salt, under the waterfalls of Pisgah, eastward. יזוְהָעֲרָבָה וְהַיַּרְדֵּן וּגְבֻל מִכִּנֶּרֶת וְעַד יָם הָעֲרָבָה יָם הַמֶּלַח תַּחַת אַשְׁדֹּת הַפִּסְגָּה מִזְרָחָה:
From Kinnereth: This was on the western side of the Jordan, and the inheritance of the children of Gad was on the eastern side of the Jordan; so the width of the Jordan adjoining their territory fell within their lot, and in addition, the land on its opposite bank until the Kinnereth. This is what it says, “And the Jordan and the border” of the Jordan and beyond it. מכנרת: מעבר הירדן המערבי הוא ונחלת בני גד מעבר הירדן המזרחי, ונפל בגורלם רוחב הירדן כנגדם ועוד מעבר שפתו עד כנרת וזהו שנאמר והירדן וגבול, הירדן ומעבר לו:
18And I commanded you at that time saying, "The Lord, your God, has given you this land to possess it; pass over, armed, before your brothers, the children of Israel, all who are warriors. יחוָאֲצַו אֶתְכֶם בָּעֵת הַהִוא לֵאמֹר יְהֹוָה אֱלֹהֵיכֶם נָתַן לָכֶם אֶת הָאָרֶץ הַזֹּאת לְרִשְׁתָּהּ חֲלוּצִים תַּעַבְרוּ לִפְנֵי אֲחֵיכֶם בְּנֵי יִשְׂרָאֵל כָּל בְּנֵי חָיִל:
And I commanded you: He was addressing the sons of Reuben and the sons of Gad. ואצו אתכם: לבני ראובן ולבני וגד היה מדבר:
[pass over, armed] before your brothers: They would go in front of the [other] Israelites to battle, because they were mighty, and the enemies would fall before them, as it is said [of Gad],“He tears the arm together with the crown” (Deut. 33:20). לפני אחיכם: הם היו הולכים לפני ישראל למלחמה, לפי שהיו גבורים ואויבים נופלים לפניהם, שנאמר (דברים לג, כ) וטרף זרוע אף קדקד:
19But your wives, your young children, and your cattle for I know that you have much cattle shall dwell in your cities which I have given you, יטרַק נְשֵׁיכֶם וְטַפְּכֶם וּמִקְנֵכֶם יָדַעְתִּי כִּי מִקְנֶה רַב לָכֶם יֵשְׁבוּ בְּעָרֵיכֶם אֲשֶׁר נָתַתִּי לָכֶם:
20until the Lord has given rest to your brothers, just as [He did] for you, and until they also possess the land which the Lord, your God, is giving them on the other side of the Jordan, then every man shall return to his possession, which I have given to you." כעַד אֲשֶׁר יָנִיחַ יְהֹוָה | לַאֲחֵיכֶם כָּכֶם וְיָרְשׁוּ גַם הֵם אֶת הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֵיכֶם נֹתֵן לָהֶם בְּעֵבֶר הַיַּרְדֵּן וְשַׁבְתֶּם אִישׁ לִירֻשָּׁתוֹ אֲשֶׁר נָתַתִּי לָכֶם:
21And I commanded Joshua at that time, saying, "Your eyes have seen all that the Lord, your God, has done to these two kings. So will the Lord do to all the kingdoms through which you will pass. כאוְאֶת יְהוֹשׁוּעַ צִוֵּיתִי בָּעֵת הַהִוא לֵאמֹר עֵינֶיךָ הָרֹאֹת אֵת כָּל אֲשֶׁר עָשָׂה יְהֹוָה אֱלֹהֵיכֶם לִשְׁנֵי הַמְּלָכִים הָאֵלֶּה כֵּן יַעֲשֶׂה יְהֹוָה לְכָל הַמַּמְלָכוֹת אֲשֶׁר אַתָּה עֹבֵר שָׁמָּה:
22Do not fear them, for it is the Lord, your God, Who is fighting for you." כבלֹא תִּירָאוּם כִּי יְהֹוָה אֱלֹהֵיכֶם הוּא הַנִּלְחָם לָכֶם:Daily Tehillim: Psalms Chapters 49 - 54
• Chapter 49
This psalm is a strong message and inspiration for all, rich and poor alike, rebuking man for transgressions which, owing to habit, he no longer considers sinful; yet, these sins incriminate man on the Day of Judgement. The psalm speaks specifically to the wealthy, who rely not on God but on their wealth.
1. For the Conductor, by the sons of Korach, a psalm.
2. Hear this, all you peoples; listen, all you inhabitants of the world;
3. sons of common folk and sons of nobility, rich and poor alike.
4. My mouth speaks wisdom, and the thoughts of my heart are understanding.
5. I incline my ear to the parable; I will unravel my riddle upon the harp.
6. Why am I afraid in times of trouble? [Because] the sins I trod upon surround me.
7. There are those who rely on their wealth, who boast of their great riches.
8. Yet a man cannot redeem his brother, nor pay his ransom to God.
9. The redemption of their soul is too costly, and forever unattainable.
10. Can one live forever, never to see the grave?
11. Though he sees that wise men die, that the fool and the senseless both perish, leaving their wealth to others-
12. [nevertheless,] in their inner thoughts their houses will last forever, their dwellings for generation after generation; they have proclaimed their names throughout the lands.
13. But man will not repose in glory; he is likened to the silenced animals.
14. This is their way-their folly remains with them, and their descendants approve of their talk, Selah.
15. Like sheep, they are destined for the grave; death shall be their shepherd, and the upright will dominate them at morning; their form will rot in the grave, away from its abode.
16. But God will redeem my soul from the hands of the grave, for He will take me, Selah.
17. Do not fear when a man grows rich, when the glory of his house is increased;
18. for when he dies he will take nothing, his glory will not descend after him.
19. For he [alone] praises himself in his lifetime; but [all] will praise you if you better yourself.
20. He will come to the generation of his forefathers; they shall not see light for all eternity.
21. Man [can live] in glory but does not understand; he is likened to the silenced animals.
Chapter 50
This psalm speaks of many ethics and morals. The psalmist rebukes those who fail to repent humbly and modestly. He also admonishes those who do not practice that which they study, and merely appear to be righteous; they sin and cause others to sin.
1. A psalm by Asaph. Almighty God, the Lord, spoke and called to the earth, from the rising of the sun to its setting.
2. Out of Zion, the place of perfect beauty, God appeared.
3. Our God will come and not be silent; a fire will consume before Him, His surroundings are furiously turbulent.
4. He will call to the heavens above, and to the earth, to avenge His people:
5. "Gather to Me My pious ones, those who made a covenant with me over a sacrifice.”
6. Then the heavens declared His righteousness, for God is Judge forever.
7. Listen, my people, and I will speak; O Israel, and I will testify against you-I am God your God.
8. Not for [the lack of] your sacrifices will I rebuke you, nor for [the lack of] your burnt offerings which ought to be continually before Me.
9. I do not take oxen from your house, nor goats from your pens;
10. for every beast of the forest is Mine, the cattle of a thousand mountains.
11. I know every bird of the mountains, and the crawling creatures of the field are in My possession.
12. Were I hungry, I would not tell you, for the world and everything in it is mine.
13. Do I eat the flesh of bulls, or drink the blood of goats?
14. Offer confession as a sacrifice to God, and fulfill your vows to the Most High,
15. and call to Me on the day of distress; I will free you, and you will honor Me.
16. But to the wicked, God said, "What does it help you to discuss My laws, and bear My covenant upon your lips?
17. For you hate discipline, and throw My words behind you.
18. When you see a thief you run with him, and your lot is with adulterers.
19. You sent forth your mouth for evil, and attach your tongue to deceit.
20. You sit down to talk against your brother; your mother's son you defame.
21. You have done these things and I kept silent, so you imagine that I am like you-[but] I will rebuke you and lay it clearly before your eyes.
22. Understand this now, you who forget God, lest I tear you apart and there be none to save you.
23. He who offers a sacrifice of confession honors Me; and to him who sets right his way, I will show the deliverance of God."
Chapter 51
This psalm speaks of when Nathan the prophet went to David's palace, and rebuked him for his sin with Bathsheba. David then secluded himself with God, offering awe-inspiring prayers and begging forgiveness. Every person should recite this psalm for his sins and transgressions.
1. For the Conductor, a psalm by David,
2. when Nathan the prophet came to him after he had gone to Bathsheba.
3. Be gracious to me, O God, in keeping with Your kindness; in accordance with Your abounding compassion, erase my transgressions.
4. Cleanse me thoroughly of my wrongdoing, and purify me of my sin.
5. For I acknowledge my transgressions, and my sin is always before me.
6. Against You alone have I sinned, and done that which is evil in Your eyes; [forgive me] so that You will be justified in Your verdict, vindicated in Your judgment.
7. Indeed, I was begotten in iniquity, and in sin did my mother conceive me.
8. Indeed, You desire truth in the innermost parts; teach me the wisdom of concealed things.
9. Purge me with hyssop and I shall be pure; cleanse me and I shall be whiter than snow.
10. Let me hear [tidings of] joy and gladness; then the bones which You have shattered will rejoice.
11. Hide Your face from my sins, and erase all my trespasses.
12. Create in me a pure heart, O God, and renew within me an upright spirit.
13. Do not cast me out of Your presence, and do not take Your Spirit of Holiness away from me.
14. Restore to me the joy of Your deliverance, and uphold me with a spirit of magnanimity.
15. I will teach transgressors Your ways, and sinners will return to You.
16. Save me from bloodguilt, O God, God of my deliverance; my tongue will sing Your righteousness.
17. My Lord, open my lips, and my mouth shall declare Your praise.
18. For You do not desire that I bring sacrifices, nor do You wish burnt offerings.
19. The offering [desirable] to God is a contrite spirit; a contrite and broken heart, God, You do not disdain.
20. In Your goodwill, bestow goodness upon Zion; rebuild the walls of Jerusalem.
21. Then will You desire sacrifices [offered in] righteousness, olah and other burnt offerings; then they will offer bullocks upon Your altar.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
Tanya: Iggeret HaKodesh, beginning of Epistle 4• Lessons in Tanya
• Shabbat, Menachem Av 9, 5775 · July 25, 2015
Today's Tanya Lesson
Iggeret HaKodesh, beginning of Epistle 4
אין ישראל נגאלין אלא בצדקה, שנאמר: ושביה בצדקה
“Israel shall be redeemed only by virtue of tzedakah,”1 as it is written,2 “And her repatriates [shall be redeemed] through tzedakah.”
Tzedakah, whose root connotes both “righteousness” and “charity”, thus brings about the redemption of the Jewish people from exile and their ultimate return to Zion. The same root appears in the next verse to be quoted:
כתיב: צדק לפניו יהלך
It is written:3 “Tzedek shall go (yehaleich) before Him.”
והוה ליה למימר: ילך
Now, one should have expected the verse to say yeileich.
Yehaleich, by contrast, is a causative form of the verb, seeming to imply that righteousness or charity causes some other entity to “go before Him.”
אך הענין על פי מה שכתוב: לך אמר לבי, בקשו פני
This concept may be understood by considering the verse,4 “In Your behalf my heart says, ‘Seek My face.’”
As Rashi explains it, the simple meaning of the verse is that “On Your behalf and as Your messenger my heart tells me to seek out Your face” (i.e., G‑d’s inwardness, or innermost essence, for the word פנים is related to both meanings, “face” and “interior”). And in this spirit the verse concludes: “Your countenance, G‑d, do I seek”; i.e., “I am indeed doing so: I am seeking Your countenance.”
However, if panai does in fact refer to G‑d’s countenance and inwardness, why would it be necessary to conclude, “Your countenance, G‑d, do I seek”? Surely it would suffice to say, “Your countenance do I seek,” since we have already been informed that we are speaking of G‑d’s countenance.
The Alter Rebbe therefore explains that the word panai (“my face”) refers to the inwardnessof the Jewish heart, while panecha (“Your countenance”) refers to the inwardness of G‑d.
פירוש: בקשו פנימית הלב
This means [that man is being urged to] “seek the inwardness of the heart,” that hidden element within his own heart that must be sought after if it is to be revealed.
כי הנה בלהב יסוד האש האלקית שבלב
For in the flame of the Element of the Divine Fire that is in the heart, i.e., within the soul’s ardent love of G‑d which derives from the Element of Fire within the soul, as mentioned in Tanya, Part I, ch. 3,
(נוסח אחר: הנה בהלב [יסוד האש האלקית שבלב])
(5A variant reading: “For in the heart, the Element of Divine Fire within the heart,”)
יש ב׳ בחינות: בחינת חיצוניות ובחינת פנימיות
there are two aspects: the aspect of chitzoniyut (“outwardness”, i.e., externality, as opposed to essence) and the aspect of pnimiyut (“inwardness”).
חיצוניות הלב היא התלהבות, המתלהבת מבחינת הבינה והדעת בגדולת ה׳ אין סוף ברוך הוא
The chitzoniyut of the heart is the ardent [love] that flares up on account of one’s understanding and knowledge of the greatness of G‑d, the blessed Ein Sof,
[להתבונן] בגדולתו, ולהוליד מתבונה זו אהבה עזה כרשפי אש וכו׳
by meditating6 on His greatness, and from this contemplation giving birth to a strong love resembling7 “flashes of fire.”
This, then, is the chitzoniyut, the external level, of the G‑dly soul: a revealed love of G‑d in one’s heart which results from meditation on G‑d’s greatness.
ופנימיות הלב היא הנקודה שבפנימיות הלב ועומקא דליבא
And the pnimiyut of the heart is the innermost point in the heart — the depth of the heart,
שהיא למעלה מעלה מבחינת הדעת והתבונה, שיוכל האדם להתבונן בלבו בגדולת ה׳
which transcends by far the categories of knowledge and understanding with which man can meditate in his heart on G‑d’s greatness.
Unaided, man would never be able to achieve such a profound love through meditation alone; it is granted to the soul as a gift, as will soon be explained, and man’s task is to search and discover it within himself.
וכמו שכתוב: ממעמקים קראתיך ה׳, מעומקא דליבא
As it is written:8 “From out of the depths do I call unto You, O G‑d”; [i.e.,] from the depths of the heart.9
“Depths” appears in the plural, for the heart harbors depths, with yet profounder depths beyond.
(ועל דרך משל: כמו במילי דעלמא, לפעמים יש ענין גדול מאד מאד, שכל חיות האדם תלוי בו, ונוגע עד נקודת פנימיות הלב, ועד בכלל
(By way of analogy, there is a parallel in worldly matters. Sometimes there is an extremely important matter upon which a man’s entire vitality hinges; it touches him as far as — and including — the innermost point of his heart,
וגורם לו לפעמים לעשות מעשים ולדבר דברים שלא בדעת כלל)
causing him to do things and say things without any reason whatever),10 for it touches the essence of his soul that transcends logic and reason.
וזה לעומת זה
And11 “the one corresponds to the other”:
The spiritual realm corresponds to the physical. Just as worldly affairs sometimes touch a person so strongly that he acts without reason:
ככה הוא ממש בעבודה שבלב
It is precisely so with the “service of the heart.” A Jew’s love for G‑d may be so great that it touches his soul’s essence which utterly transcends logic and reason.
והיינו לפי שבחינת נקודת פנימית הלב היא למעלה מבחינת הדעת המתפשט ומתלבש במדות שנולדו מחב״ד, כנודע
As is known, this is because the innermost point of the heart transcends the faculty of reason which extends and vests itself in the emotive attributes born ofChaBaD, i.e., born of the three intellectual stages — wisdom, understanding, knowledge — that together constitute the intellectual process called ChaBaD.
רק היא בחינת הארת חכמה עליונה, שלמעלה מהבינה והדעתת
Rather, [the pnimiyut of the heart] is a radiation from the supreme Chochmah,which transcends Binah and Daat,
והמלובש וגנוז אור ה׳ ממש
and in this [supreme Chochmah] there is vested and concealed the actual light of G‑d;
כמו שכתוב: ה׳ בחכמה גו׳
as it is written,12 “By wisdom (Chochmah) G‑d [founded the earth].”
The two quoted Hebrew words literally mean, “G‑d [is] in Chochmah”; i.e., G‑d’s infinite light is clothed in Chochmah.
והיא היא בחינת ניצוץ אלקות שבכל נפש מישראל
And this is precisely the spark of Divinity in every soul of Israel.13
It is this Divine spark, utterly transcending reason, that gives birth to the love of G‑d in thepnimiyut of the heart, that likewise transcends all reason.14
A question arises: Since this love emanates from the Divine spark found within the soul of all Jews, why do they not all attain this level of Divine service?
| FOOTNOTES | |
| 1. | Rambam, Hilchot Matnot Aniyim, beginning of ch. 10. On the source and wording of this teaching, see the note of the Rebbe at the conclusion of Epistle 9. |
| 2. | Yeshayahu 1:27. |
| 3. | Tehillim 85:14. |
| 4. | Ibid. 27:8. |
| 5. | Parentheses and brackets are in the original text. |
| 6. | According to a variant reading, להתבוננן would mean “by making them meditate.” |
| 7. | Cf. Shir HaShirim 8:6. |
| 8. | Tehillim 130:1. |
| 9. | Zohar II, 63b. |
| 10. | The parentheses close here in the original text. However, the Rebbe points out that they should in fact close further on, after the words, “in every soul of Israel.” |
| 11. | Kohelet 7:14. |
| 12. | Mishlei 3:19. |
| 13. | See note 10, above. |
| 14. | “Cf. Tanya, Part I, ch. 19.” ( — Note of the Rebbe.) |
• Sefer Hamitzvos:Shabbat, Menachem Av 9, 5775 · July 25, 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 105
Ritual Impurity of Semen Impurity caused by Discharge
We are commanded regarding the ritual impurity [contained in and emitted by] semen. [I.e., when contracted, one must follow all the laws associated with this impurity.]
Ritual Impurity of Semen Impurity caused by Discharge
Positive Commandment 105
Translated by Berel Bell
The 105th mitzvah is that we are commanded regarding the tumah of semen.1 This mitzvah includes all the laws regarding shichvas zera.2
FOOTNOTES
1.Lev. 15:16.
2.See Hilchos Shaar Avos HaTuma'os, Chapter 5
Ishut - Chapter Seventeen
Halacha 1
[The following laws apply when] a person dies after having been married to several wives. Whichever of his wives was married first has the right to collect [the money due her by virtue of] her ketubah [before the others]. None may collect [her due] without taking an oath.1
The [wives who married] last are entitled to [collect their due] only from what remains after [those who married previously collect theirs].2 Even the last wife [to collect] must take an oath [before] she collects what remains.3
Similarly, when there is [also] a promissory note [owed by the husband's estate], if the promissory note was dated before [the ketubot], the promissory note should be collected first. If the ketubot were each dated before [the promissory note], the woman should collect [her due] first, and the person owed the promissory note [should collect from] the remainder.
Halacha 2
When does the above apply? When the land from which [the wives and the creditor] desire to collect was owned by [the deceased] at the time he married the women and took the loan. For [in such a situation], the law is that whoever's document is dated first takes precedence.
If, however, a man married several women in succession, and borrowed money - whether before marrying the women or afterwards - and [then - i.e.,] after marrying and borrowing he purchased land - it should be divided among all of them equally, for all their liens took effect at the same time. At the time he purchased the land, each one established a lien on it. None has precedence over the others.4
Halacha 3
Similarly, if all the ketubot and promissory notes were dated on one day - or at a specific time, in a place where it is customary to [include] the time [of a legal document] - it should be divided among all of them equally; none has precedence over the others.
Under all circumstances, [if one of the creditors or one of the wives] took possession of movable property [belonging to the estate as payment for] the loan or ketubah, the property that they took should not be expropriated from him or her. For no creditor has precedence over another with regard to movable property.5
Halacha 4
[The following rules apply when] a person divorces his wife at the time he has an outstanding promissory note, and his creditor and his divorcee come to collect [their due]. If the husband owns [enough] money and land to settle the debt and the obligations stemming from the ketubah, the creditor should be awarded the money,6 and his divorcee should collect [the money due her by virtue of] her ketubah from the landed property.7
If all [the husband] possesses is land that is not of sufficient value to settle both debts, and neither [his divorcee nor his creditor] has a prior claim to this land, it should be given [toward the payment of the debt owed to] the creditor. If any [land] remains [after the settlement of the debt], it should be given to the divorcee. If nothing remains, the divorcee must yield to the creditor. [The rationale is that] the creditor suffered a loss; he [lent] money [to the husband]. The woman, by contrast,did not lose anything. For more than a man desires to marry, a woman desires to be married.
Halacha 5
Similarly, if a man dies leaving a widow and a creditor, and land to which neither of them has a prior claim, the widow must yield to the creditor, and he collects the debt owed him first.
Halacha 6
Since the geonim ordained8 that a woman and a creditor may collect their due from movable property, and as is well known, no creditors are given precedence with regard to movable property9 [the following rules apply]. If the husband did not leave enough movable property to settle both accounts, the creditor is allowed to collect the entire debt [owed him] first. If anything remains [after the settlement of the debt] for the wife to receive [by virtue of] herketubah, it should be given to her. If nothing remains, the wife must yield.
Halacha 7
[The following rule applies when] nichsei tzon barzel were recorded in a woman's ketubah and she claims that they were lost or taken by her husband. With regard to nichsei tzon barzel, a woman is regarded like any other creditor.10
Therefore, she is required to take an oath that she did not take possession of them, give them away or forego the obligation [to her husband]. Afterwards, she receives a share in the estate together with the other creditors.
Halacha 8
When a person who has many wives and who dies or divorces them when none of them has a claim of higher priority to his property than the others, and his holdings are not of sufficient value to pay them each the money due them by virtue of their ketubot, how are his holdings divided? If his holdings are sufficiently valuable to provide only the wife with the ketubah of the least value, or if they are less valuable than that, all of his wives divide [his holdings] equally.
If his holdings are more valuable than that, they should be divided equally to provide the wife with [the money due her by virtue of] the ketubah of the least value. Afterwards, the remainder is divided among the remaining wives according to the same pattern.
What is implied? [To explain by example:] A man was married to four wives. The ketubah of the first was for 400 [zuz], that of the second for 300, that of the third for 200, and that of the first for 100. The total sum is thus 1000 [zuz]. [The following rules apply] if he divorces all of them or dies. If his holdings are worth 400 [zuz] or less, they divide his holdings equally, and each receives 100 or less. If his holdings are worth 800 [it would be improper to divide them equally]. For if they were divided equally, the fourth wife would receive 200 [zuz], and [the money due her by virtue of] her ketubah is only 100.
What is done instead? 400 [zuz] are set aside and divided equally, each receiving 100. Thus, the fourth wife has received [the full amount due her by virtue of] her ketubah and she withdraws [from the suit]. Thus, 400 [zuz] are left for three wives, each of whom has already received 100 zuz]. If the 400 were divided equally among the three of them [it would be unfair]. For the third wife would receive 233 and [the amount due her by virtue of] her ketubah was only 200. Therefore, 300 [zuz] are separated from the 400, and these are divided equally among the three. Thus, the third wife receives her 200 and withdraws [from the suit]. There remain two wives and 100 [zuz]. This sum is divided equally between the first and second wife. Thus, the first and second wife each received 250 zuz; the third wife received 200; and the fourth wife, 100. This pattern of allocation is followed even when there are 100 [wives].11
Halacha 9
A person who guarantees the value of a woman's ketubah is not obligated to pay [her the money due her in the event that her husband's holdings are not sufficient if he dies or divorces her]. [This applies] even when he affirmed his commitment with a contractual act.12 [The rationale is that] his [intent is to] perform a mitzvah,13 and he did not cause the woman to lose anything.14
If, however, a person guarantees the ketubah of his son and affirms his commitment with a contractual act,15 he is obligated to pay. For a father will make a binding commitment on behalf of his son and decide to obligate himself.
A person who underwrites a ketubah, by contrast, is obligated to pay, even though he did not affirm his commitment with a contractual act. What is meant by a person who underwrites a ketubah? One who tells a woman: "Marry this man. I will give [the money for] this ketubah." If, however, he says: "I will guarantee this ketubah," "I will pay this ketubah," "I am obligated for it" or the like, he is not liable unless he is the father [of the groom].
When a person divorces a wife [whose ketubah has been underwritten in the above fashion], he must first take a vow16 that she is forbidden to derive benefit from him. Only then may she collect her ketubah from the underwriter or the [husband's] father, if he guaranteed it. [This precaution was instituted,] lest the husband remarry her,17 and thus the two will [have acquired] the property of [the underwriter] through subterfuge.
Halacha 10
Similarly, a person who consecrates his property and then divorces his wife must take a vow that she is forbidden to derive benefit from him. Only then may she collect [the money due her by virtue of her ketubah] from the person who redeems the property from the Temple treasury.18 [This precaution was instituted,] lest the two attempt to deceive the Temple treasury.19
When, however, a person divorces his wife, and she comes to collect [the money due her by virtue of her ketubah] from the [property that was sold to] purchasers, he is not required to take a vow that she is forbidden to derive benefit from him. Instead, she must take the oath required of her, and then she [is entitled to] collect [her due]. If afterwards she desires, she may return to her husband. For the purchasers know that the property was under lien to theketubah of a woman, and they caused themselves the loss by taking property that was under such a lien.
Halacha 11
When a husband sold his property, and afterwards the woman agreed to [her husband's] act and wrote the purchaser: "I have no claim against you," she may, nevertheless, collect [the money due her by virtue of her ketubah by expropriating this property].20 [This applies] even when she affirmed [her commitment] with a contractual act.21 [The rationale is] that she wrote this [statement to the purchaser] only so that there will not be strife between her and her husband. She can [therefore excuse herself,] saying: "I was [merely intending] to please my husband."22
[A different rule applies, however, when the purchaser] enters into an agreement with the woman that she foregoes her lien on this property [before purchasing it from her husband]. If this agreement is affirmed with a contractual act, and afterwards the husband sells the property [to him], [the woman is not entitled to] expropriate this property.23
Similarly, [a woman is not entitled to expropriate property sold by her husband in the following circumstance]. Her husband sold a property [on a previous occasion, and at that time] asked his wife to write the purchaser, "I have no claim to this property," and the woman refused, causing the sale to be nullified.24 [If,] afterwards, the husband sells [property] - whether the same field he had sold previously or another field - to another person, and after the husband's sale the woman agreed, [made a commitment] that she has no claim to this field and affirmed it with a contractual act, she may not expropriate it. For she cannot say, "I did this [merely] to please my husband," since on the previous occasion, when she did not want [to waive her rights], she did not follow her husband's desires.
Halacha 12
[The above ruling is also relevant in the following situation.] A man had two wives. He sold a field, and the purchaser had entered into a contractual act with one of [the husband's] wives, waiving her lien to this field in a manner in which the agreement was effective and the woman no longer had the privilege of claiming, "I did this [merely] to please my husband." Afterwards, the husband died or divorced both his wives.
The second wife may expropriate the property from the purchaser, for she did not enter into any agreement with him. The first wife may then expropriate [the property] from the second wife, for she had a prior claim to it, and she waived her lien only with regard to the purchaser [and not with regard to anyone else]. When the property comes into the possession of the first [wife], the purchaser may expropriate it from her, since she made an agreement with him. [The second wife can then expropriate it from the purchaser,] and the cycle continues until they reach a compromise among themselves.25
Halacha 13
[In the event of her husband's death,] a widow - regardless of whether she was widowed from erusin or nisu'in - may take the oath [required of her], sell land belonging to her husband and collect [the money due her by virtue of] herketubah. [The sale may be carried out] in a court of expert judges, or in a court whose judges are not expert,26 provided it consists of three trustworthy men who are knowledgeable with regard to the evaluation of land. The responsibility for the sale falls on the estate belonging to the heirs.27 A divorcee, by contrast, may sell [her ex-husband's property] only in a court of expert judges.28
Whenever a woman has property sold in court, she must have it sold after a public announcement has been made. In the laws of loans,29 the guidelines for the sale [of property] will be explained. When, by contrast, a woman sells property without the participation of the court,30 a public announcement [of the sale] need not be made. It is, nevertheless, necessary [to consult] with three trustworthy men who are knowledgeable with regard to the evaluation [of property].
Halacha 14
[The following rules apply when] a widow sells [her husband's] landed property privately in order to collect the money due her by virtue of her ketubah:31 If she sold the property at its proper value, the sale is binding.32 [All that is necessary is for] her to take the oath required of widows after the sale.33
The above applies when she sells the property to another individual. If she takes it as her own after evaluating it, her act is of no significance.34 [This applies even when] she had announced the sale of the property [and received no better offer].
Halacha 15
[In the above situation,] if the woman's ketubah was for 200 [zuz], and she sold [property] that was worth 100 [zuz] for 200,35 or property that was worth 200 for 100,36 she has received the value of her ketubah and is no longer owed anything. She must, however, take the oath required of a widow.
If her ketubah was for 100 [zuz] and she sold [property] worth 101 [zuz] for 100, the sale is nullified.37 [This applies] even if she says, "I will [accept the loss and] return the [outstanding] dinar to the heirs."
Halacha 16
If her ketubah was for 400 zuz and she sold [four pieces of property], three that were each worth 100 [zuz] for 100 [zuz] each, and one that was worth 101 zuzfor 100 [zuz - the final sale is nullified, but the [first three] are all binding.
Halacha 17
A woman has the privilege of selling [the rights to] her ketubah or giving [them] as a present.38 If her husband dies or divorces her, [the purchaser or the recipient] is entitled to come and collect [the money due her by virtue of herketubah].39 If she dies in the lifetime of her husband or [after his death, but] before she takes the oath [required of widows], he is not entitled to anything.
Halacha 18
Although a woman sold [the rights to] a portion of her ketubah, used them as security [for a loan] or gave them as a present, she may sell landed property belonging to her husband and collect the remainder of [the money due her by virtue of] her ketubah. [This sale may be carried out] in a court of three expert judges or through three trustworthy men.
[A woman] may sell [portions of her husband's property] many times. [These sales may be carried out] in a court of three expert judges or through three trustworthy men who are knowledgeable with regard to the evaluation of property.
Halacha 19
When a woman sells [the rights to] her ketubah - whether to another person or to her husband - she does not forfeit the other privileges of her ketubah.40 [As such,] if she has a son, [and she dies before her husband does,] he inherits the worth of her ketubah - [although it] was sold from his father's estate - in addition to his share [in the estate, as will be explained].41
If, by contrast, a woman waives her ketubah in favor of her husband, she forfeits all the privileges associated with her ketubah. [Her husband] is not required to provide her even with her subsistence.42
The waiver of a ketubah [in favor of the woman's husband] need not [be affirmed by] a contractual act nor [be observed by] witnesses,43 just as the forfeiture [of any obligations] does not require affirmation by] a contractual act nor [the observation of] witnesses. Through one's words alone [the forfeiture is binding], provided the statement is made seriously, [in a manner that] can be relied upon, rather than facetiously, as a joke, or rhetorically.44
| FOOTNOTES | |
| 1. |
In his Commentary on the Mishnah (Ketubot 10:4), the Rambam explains that this oath differs from the oath that all widows take before collecting from an estate, as mentioned in Chapter 16, Halachah 4, and must be taken even when the wives are not obligated to take that oath. The woman must take this oath for the other widows, stating that she did not collect any money from their husband's estate previously. The Shulchan Aruch (Even HaEzer 96:16), however, states that the first widow takes an oath to the second, the second to the third, the third to the fourth, and the fourth to the heirs.
|
| 2. |
This procedure is followed even if doing so prevents one of the wives from collecting all that is due her. Indeed, even if there is nothing left for her at all, this order should be followed.
|
| 3. |
This ruling follows the opinion of ben Nanas in the above-mentioned mishnah. It involves a reversal of opinion for the Rambam, who, in his Commentary on the Mishnah favored the view of the other Sages.
|
| 4. |
This refers to a situation where the property owned by the estate is sufficient to cover all the obligations. Otherwise, the creditor takes precedence over the widows, as explained in Halachot 4-5 (Maggid Mishneh).
|
| 5. |
If one of the wives or creditors did not wait for the formal deposition of the estate's property, but took possession of some of the movable property on his or her own initiative, they are allowed to retain possession. For in contrast to landed property, the ownership of movable property is not a matter of public knowledge. Hence a creditor does not know whether another creditor preceded him, and therefore no creditor is given the right to collect his due from such property.
As reflected in the rulings of the Tur and the Shulchan Aruch (Even HaEzer 102:2), this ruling applies only when the movable property was not acquired together with and via the acquisition of landed property (kinyan agav). In the latter situation, the ownership of the movable property also becomes public knowledge, and therefore the order in which the liens were established is significant.
The Ramah quotes the opinion of the Mordechai, who states that, in the latter instance, if one of the widows seizes possession of the property, it should be expropriated from her.
|
| 6. |
For it was money that he gave him.
|
| 7. |
For a woman relies on the fact that she will ultimately be able to collect the money due her by virtue of her ketubah from the landed property in her husband's estate (Ketubot 86a).
|
| 8. |
See Chapter 16, Halachah 7.
|
| 9. |
See the notes on Halachah 3 with regard to a kinyan agav.
|
| 10. |
The term nichsei tzon barzel refers to property that the woman brought to the household, for which the husband obligated himself to pay a fixed value. In this instance, since the woman, like a creditor, gave up something of value, she is considered on a higher level of precedence than usual.
|
| 11. |
This pattern is also followed in the allocation of a person's holdings when they are not sufficient to pay the debts he owes, as explained in Hilchot Malveh V'Loveh, Chapter 20. The Ra'avad differs with the Rambam's approach and follows the minority view that the Rambam cites in that source, which maintains that the money should be divided proportionately. The Rambam's view is followed by most other Rishonim (Rashi, Rabbenu Yitzchak Alfasi, the Rashba and Rabbenu Asher) and is accepted by the Shulchan Aruch (Even HaEzer 96:18).
|
| 12. |
Bava Batra 174b explains that the guarantor is not serious about his commitment. He feels that the couple needs only a small push to get married, and that is his intent, rather than making a serious financial commitment. Even a contractual act, which in other contexts serves as an indication of seriousness of purpose, is not sufficient in this instance.
The Ra'avad and the Tur (Even HaEzer 102) differ, and maintain that if a guarantor affirms his commitment with a contractual act, he is liable. The Shulchan Aruch (Even HaEzer 102:6) quotes the Rambam's view, while the Ramah cites that of the Ra'avad.
|
| 13. |
I.e., he brought about the marriage between the couple.
|
| 14. |
As can be deduced from the Rambam's wording, the Maggid Mishneh states that if a person guarantees a woman's nedunyah (the goods she brought to the household), his commitment is binding. For in this instance, the woman did give up something of value.
|
| 15. |
In this instance as well, the Ra'avad and the Tur differ and hold the father liable, even when he did not affirm his commitment with a contractual act. The Shulchan Aruch (Even HaEzer 102:6) follows the Rambam's view, while the Ramah cites that of the Ra'avad.
|
| 16. |
Moreover, this vow must be taken al da'at rabbim, based on the judgement of the public, and it thus cannot be nullified (Shulchan Aruch, Even HaEzer 102:7).
|
| 17. |
I.e., after the woman collected the money due her by virtue of her ketubah from him.
|
| 18. |
The woman may not collect the money due her by virtue of her ketubah from the property while it is the possession of the Temple treasury. After it is redeemed, however, she may collect her due from the property. The person who redeems the property must, however, be advised that the property is on lien to a woman's ketubah. (See Hilchot Malveh V'Loveh 18:7; Hilchot Arachin VaCharamin 7:14-15.)
|
| 19. |
I.e., the woman will collect her husband's property because it is on lien on her ketubah. Afterwards, she will remarry her husband, and he will be able to use his property, because of his rights as the woman's husband.
|
| 20. |
The sale is valid, however, until the woman seeks to claim the property. If, by contrast, the husband sells property that belonged to the woman, or property from which she was designated to collect the money due her by virtue of her ketubah, the sale is nullified immediately (Maggid Mishneh). (See Hilchot Mechirah 30:3.)
|
| 21. |
Note the Ramah (Even HaEzer 90:17), who states that if the woman received money from the purchaser, her commitment is binding.
|
| 22. |
I.e., the woman is saying that her commitment was not sincere and was made only to satisfy her husband.
|
| 23. |
Since she entered into the agreement with the purchaser before her husband made the sale, she cannot excuse herself by saying that she made her statements only to please her husband.
|
| 24. |
The Maggid Mishneh questions the reason for this phrase. When this law is cited in the Tur and the Shulchan Aruch (Even HaEzer 90:17), this phrase is omitted. Nevertheless, based on the Rambam's Commentary on the Mishnah (Ketubot 10:5), the Ma'aseh Rokeach maintains that, according to the Rambam, a sale must have been nullified in order for the woman's commitment to be binding later on.
|
| 25. |
A three-way compromise would obviously be most desirable. Nevertheless, any compromise between two of the three parties that causes one to renounce his right to expropriate the property is sufficient to stop the cycle (Chelkat Mechokek 100:26).
|
| 26. |
Our Sages understood that the necessity to pursue judicial proceedings is a cause of hardship and embarrassment for women. They felt that rather than subject his wife to such distress, any husband would willingly grant her the right to collect the money due her by virtue of her ketubah by selling his property without appearing in court (Ketubot 97b).
Therefore, rather than require her to take the matter to a formal court, they enabled her to resolve the issue by having the property evaluated by three acquaintances who possess the qualities mentioned above. Although these men would not be considered capable of participating in an ordinary court, an exception was made in this case. If, however, the widow has already remarried, she is required to undergo the ordinary judicial procedure.
|
| 27. |
I.e., should the property be expropriated by a creditor of the deceased, his heirs must reimburse the purchaser.
|
| 28. |
With regard to a divorcee, by contrast, our Sages (op. cit.) felt that her ex-husband would not be disturbed by her being subjected to hardship when this is necessary to protect his own interests.
Although there are Rishonim who maintain that the provision made for a widow also applies to a divorcee, the Rambam's ruling is accepted by the Shulchan Aruch (Even HaEzer 103:3).
|
| 29. |
See Hilchot Malveh V'Loveh 12:8,10, which explains that public announcements that a property will be sold are made daily for thirty days (or on Mondays and Thursdays, for a period of sixty days).
|
| 30. |
I.e., without the participation of a formal court.
|
| 31. |
I.e., without even the participation of the three acquaintances mentioned in the previous halachah.
|
| 32. |
Although the Shulchan Aruch (Even HaEzer 103:1) appears to favor the Rambam's view, it does mention other opinions that differ.
|
| 33. |
It would appear that the Rambam requires her merely to take the oath required of all widows before collecting the money due her by virtue of her ketubah. In this instance, the Shulchan Aruch(Even HaEzer 103:4) requires the woman to take an additional oath, stating that she did not sell the property for less than its worth.
|
| 34. |
The Maggid Mishneh and Chelkat Mechokek 103:11 state that, according to the Rambam, if the woman has the property evaluated by three trustworthy men who are knowledgeable with regard to the value of property, she is allowed to take the property as her own. Other opinions differ and maintain that this is possible only when the property is evaluated by a proper Rabbinical court.
|
| 35. |
When selling the property, the woman is considered to be the agent of the heirs, and the profit belongs to them and not to her (Ketubot 98b).
|
| 36. |
In this instance, the woman must accept the loss herself, because she took property that was worth the full value of her ketubah.
|
| 37. |
For she has no right to sell any property that is worth more than her ketubah.
|
| 38. |
The requirement of a ketubah was instituted so that the husband will not consider divorce a light matter, because of the severity of the financial obligation that will result. This remains true even if the woman does not receive the money herself.
|
| 39. |
As reflected in the continuation of the Rambam's words, the woman must first take the oaths required of her as if she herself were to collect the money due her by virtue of her ketubah.
|
| 40. |
I.e., her rights to support, medical attention and the like.
|
| 41. |
Chapter 19, Halachah 2.
|
| 42. |
From the Rambam's wording, it appears that the woman is not entitled to her subsistence even during her husband's lifetime, while they remain married. (Note Chapter 10, Halachah 10, which states that if a woman waives her ketubah in favor of her husband, he must write her a newketubah.) The Shulchan Aruch (Even HaEzer 93:9) quotes the opinion that even during the husband's lifetime, he is not required to support his wife, but appears to favor the view of otherRishonim (Rashi, the Ramban and the Rashba), who grant a woman the right to support during her husband's lifetime in such a situation.
See also Chapter 19, Halachah 12, which discusses another consequence of a woman's waiver of her ketubah in favor of her husband.
|
| 43. |
In contrast to their role with regard to marriage and divorce, in financial matters witnesses are necessary only to confirm what happened. Their presence does not make a transaction or a commitment binding, nor hinder it from becoming so. (See Hilchot Mechirah 5:9.)
|
| 44. |
See Hilchot Mechirah 5:11-13.
|
She'ar Avot haTum'ah - Chapter 18
Halacha 1
No matter to what degree doubts and compounded doubts are multiplied in a public domain, the person or object involved is pure. In a private domain, by contrast, he is impure.
What is implied? If one entered an alley and there was impurity in the courtyard to which the alley led. If there was a question whether or not he entered the courtyard, he is impure because of the doubt, because an alley is considered a private domain. This same ruling applies if:
a) there is impurity in a house and there is a doubt whether one entered the house or not, or
b) even if one entered, but there was a doubt whether there was impurity there or not, or
c) even if one would say that impurity was present when one entered, there is a doubt whether it comprises the required measure or not, or
d) even if the substance certainly comprises the required measure, there is a doubt whether it is impure or not, or
e) even if it is certainly impure, there is a doubt whether or not one touched it.
Halacha 2
If there are nine carcasses of frogs and one carcass of a creeping animal in a private domain and a person touched one of the carcasses, but did not know which one, he is impure because of the doubt. If there are nine carcasses of creeping animals and one carcass of a frog in a public domain and a person touched one, he is pure despite the doubt.
This is the general principle: Any time there is a question concerning impurity in the public domain, the person is pure unless he says: "I certainly contracted impurity." Any time there is such a question in a private domain, he is impure unless he says: "It is certain that I did not contract impurity."
Accordingly, if there are bones from a human corpse and bones from an animal carcass in the public domain or clods of pure earth and clods of earth from abeit hapras or from the Diaspora and one touched or moved one of them, but does not know what he touched or moved, he is pure. This same ruling applies if there was an olive-sized portion from a human corpse and an olive-sized portion of an animal carcass and one held a portion of his body over one of them, but did not know over which one he held a portion of his body. And it applies if there are two paths, one pure and one impure, one walked down one of them, but did not know which one he walked down, he touched a person on the road, but did not know whether he was pure or impure, or there were two people, one impure and one pure, he touched one, but he did not know which one he touched.
Halacha 3
The following laws apply when a person journeyed on a road and found a corpse lying across the width of the road. If it was intact and it extended from one side of the road to the other, he is impure with regard to terumah, for it can be assumed that he touched it. If he had space on either side to pass by or the corpse was dismembered and torn into pieces so that he could have passed between his hips and the other portions of his body, he is pure.
If a grave extended over the entire width of the road, the entire corpse is considered as a single entity because of the grave, and one who passes over it is impure. This instance does not resemble other questionable situations. Instead, it is assumed that he touched the grave.
Halacha 4
When the carcass of a creeping animal is found in an alley, it imparts impurity retroactively to all those who passed through until the time that one said: "I checked this alley on this and this day and there was no carcass of a creeping animal there." Even if the alley was swept, if it was not checked, it imparts impurity to those who passed through from before the time it was swept and afterwards.
When does the above apply? When the carcass that was discovered was dry. If it was fresh, it does not impart impurity retroactively for that length of time, only for the length of time in which the animal could have died and remained as fresh as it was found.
Halacha 5
The following laws apply when there were two spots of saliva in a private domain. One was pure and one was of unknown origin when discovered and hence, was decreed to be impure, as explained previously. If one touched or moved one of them, but does not know which, the status of terumah which he touches is held in abeyance, because a compounded doubt is involved: Perhaps he touched the saliva that was known to be pure and perhaps he touched the one that was found whose status was unknown. Even if he touched the one that was found, perhaps it was impure, but perhaps it was pure.
Different laws apply if there were two spots of saliva in the public domain. If they were dry and deposited there and a person touched one of them, he is pure, despite the doubt. If he carried one of them, the status of articles he touches is held in abeyance. The rationale is that after he carried it up, it is no longer deposited in the public domain. Similarly, if one of them was moist and the moist saliva became attached to him, the status of articles he touches is held in abeyance, for since it is on his garment, we can no longer apply the principle: when something is deposited in the public domain, it is pure despite the doubt.
We already explained that, in all situations, if one touched, carried, or moved saliva of unknown origin that is discovered, terumah should be burnt because of it, like a beit hapras, and the like, in which instances, terumah is burnt in all situations when one has definitely made contact.
Halacha 6
The following laws apply when a person was sitting in the public domain and another person whose status is unknown came and trod on his garments or spat and the saliva touched the person who was sitting. Terumah which he touches is burnt because of the saliva. With regard to the status of his clothes, the determination is made based on the status of the majority of the town's inhabitants. If most are impure, his clothes are considered to have contractedmidras impurity. If most are pure, he is pure.
Halacha 7
When a person lost a k'li and discovered it in a private domain, it is considered to have contracted midras impurity and the impurity connected with a human corpse. If he found it in the public domain, it is pure, provided he lost it during the day and found it that day. If he lost it during the day and found it at night, lost it at night and found it during the day, or lost it during the day and found it on the following day, it is presumed to be impure.
This is the general principle: Whenever the night - or a portion of it - passed while an article was lost, it is impure.
Halacha 8
If a person deposited or forgot a k'li in the public domain, it is pure even when the night passed while it was there. If he deposited or forgot it in a private domain, it is considered to have contracted midras impurity, but not the impurity connected with a human corpse.
Why did the Sages not rule as stringently with regard to one who deposited or forgot an article as they did with regard to one who lost an article? Because depositing or forgetting an article in the public domain is not that common a circumstance. Hence, they did not institute a decree concerning it.
Halacha 9
When a person loses an article and finds it at home, it is pure, because it can be assumed to be protected.
Halacha 10
When a person spreads utensils out in the public domain, they are pure. In a private domain, they are impure, lest impure people have touched them. If he was watching them, they are pure. If they fell and he went to get them, they are impure, because they went out of his sight. Similarly, if one lost his utensils in a private domain and found them, even that day, they are considered to have contracted midras impurity and the impurity connected with a human corpse, as we explained.
Halacha 11
If there is one intellectually or emotionally compromised woman or gentile woman in a town, all of the saliva of unknown origin discovered in any place in the town is always considered as impure.
Halacha 12
The following laws apply when a woman trod on the clothes of a person or sat with him on a small boat: If she recognizes him and knows that he partakes ofterumah, his clothes are pure. If not, he should ask her concerning her state.
Halacha 13
When a person slept in the public domain and arose, his garments are pure.
Halacha 14
When a person touched another person in the public domain at night and did not know if he was alive or dead, but when he arose in the morning, he found him dead, he is impure, for the status of all questions of ritual impurity depends on the situation at the time the matter is discovered. If he saw him alive in the evening and, in the morning, discovered that he died, this is considered to be a doubt in the public domain, and he is pure.
Halacha 15
The following rules apply when a person in a private domain is dangerously ill, he fainted, and it was not known whether he died or was still living; he was taken to the public domain and then brought back into a private domain. When he is in a private domain, any questionable situations brought about by his condition are considered impure. When he is in a public domain, any questionable situations brought about by his condition are considered pure.
An incident occurred with a person who was sick and was carried from town to town in a bed. The people who carried him took turns. Ultimately, it was discovered that he had died, but the Sages ruled that only the last group of people who carried him was impure.
Halacha 16
The following rules apply when an impure person was standing and speaking while at the edge of a cistern, a drop of saliva shot forth from his mouth, and there was a question whether or not it reached the cistern. If the cistern contained oil and was in a private domain, it is impure because of the doubt. If the cistern contained wine, it is pure in all places despite the doubt, because the border of the cistern will prevent it from entering.
She'ar Avot haTum'ah - Chapter 19
Halacha 1
The following rules apply when there are two paths, one impure and one pure, and a person walked down one of them, but he did not know which one he walked down. Afterwards, he came in contact with pure foods and they were eaten. He then had the ashes of the red heifer sprinkled upon himself on the third and seventh days, and then, immersed to purify himself. He then walked down the other path and came in contact with pure foods. Those foods are considered as pure.
If the foods he touched first still exist, the status of both is held in abeyance. The rationale is that one of the sets of pure food is definitely impure. If the person did not purify himself in the interim, the status of the first set is held in abeyance, while the second set should be burnt. The rationale is that these foods are certainly impure, since the person is impure because he walked down both paths.
Similar laws apply if there was a carcass of both a creeping animal and a frog in the public domain and their form was no longer recognizable and it was impossible to determine which was the creeping animal. If one touched one of the carcasses and then came in contact with pure foods which were eaten, immersed himself, touched the other one and then came in contact with pure foods, they are pure. If the foods he touched first still exist, the status of both is held in abeyance. If he did not immerse himself, the status of the first set is held in abeyance, while the second set should be burnt.
Halacha 2
Different rules apply when there are two paths, one impure and one pure, a person walked down one of them and came in contact with pure foods and another person walked down the other and came in contact with pure foods. If they came and inquired about their status one after the other, a ruling is given to each one that he is pure. If they both came together or one came and asked about his status and that of his friend, saying: "We were two people. We walked down the two paths and we both came in contact with pure foods," they are both deemed impure and the pure foods with which they came in contact should be burnt.
Similar principles apply if they contracted impurity from a lesser source. What is implied? There were two loaves of bread, one pure and one impure. A person ate one of them and came in contact with pure foods. Another person came and ate the second and came in contact with pure foods. If they inquired about their status one after the other, they are both pure, because this is a doubt involving a question of Rabbinic Law which is one of the doubtful situations that our Sages ruled were pure, as we explained. If they both asked together or one asked about his status and that of his friend, they are both considered impure because of the doubt and the pure foods should be burnt, for certainly, one of them is impure. Even if there is one impure loaf mixed with 100 pure loaves, they are all impure and must be burnt.
Halacha 3
When an impure loaf of bread became mixed with nine pure loaves and five people came and ate five loaves and five others came and ate the five remaining, the ones who came first are deemed impure, because they have no one else to hold accountable. The five last men are pure, because they can hold the first five accountable.
Halacha 4
When there are two paths, one impure and one pure, and each of two people, one pure and one impure - or even one whose status was being held in abeyance - walked down one of these paths, the one who is pure can place the onus on the one who is impure or whose status is held in abeyance. We say: The person who was pure walked down the pure path and his status is still considered as pure and the one whose status was held in abeyance walked down the impure path. This applies even if they inquired about their status at the same time.
She'ar Avot haTum'ah - Chapter 20
Halacha 1
Any place designated as a public domain with regard to the Sabbath is also considered as a public domain with regard to the laws of impurity.
Halacha 2
The four cubits that are adjacent to the public domain are considered as a public domain with regard to the laws of impurity. Similarly, a karmelit, e.g., the sea or a covered walkway, is considered as a public domain with regard to the laws of impurity.
Halacha 3
There are places which, though they are considered as private domains with regard to the Sabbath, are considered as public domains with regard to the laws of impurity. They are the paths leading to storage caverns, cisterns, and wine presses, an enclosed valley in the summer, a basilica of kings, i.e., a building that is very wide with space for the king's carriage drivers to stay; it has many openings to the public domain, and a poren, i.e., a large building with two openings, one opposite the other, and a courtyard to which many people would enter through one opening and depart through the other. Also, the lanes leading to a sea or a river, although they are fenced in from either side, are considered as a public domain with regard to the laws of impurity if people can climb over the fences. Pillars and bathhouses are also placed in this category. Similarly, the entire Temple Courtyard is considered as a public domain with regard to the laws of impurity.
Halacha 4
Roofs in a city over which the thoroughfare of a city pass are considered as a public domain with regard to the concept of impurity.
Halacha 5
When a garden is guarded, it is a private domain. When it is not protected, it is a public domain with regard to impurity. Similarly, a large basilica, when its gates are opened, is a public domain with regard to impurity. When it is closed, it is a private domain in all aspects.
Halacha 6
When a valley is enclosed with a fence, in the winter, it is a private domain with regard to the Sabbath and ritual impurity. If it was not enclosed, it is a private domain with regard to impurity alone. When, however, the winter passed after a valley was fenced in, it is considered as a private domain with regard to impurity even in the summer.
This is what is meant by "the summer": When the grain is harvested from the valley. This is what is meant by "the winter": When the second rain begins.
The area between the round barrel of grapes and the pile of grape pomace is considered a public domain with regard to impurity.
Halacha 7
With regard to ritual impurity, a vineyard in front of the harvesters is considered as a private domain; the portion behind the harvesters, as a public domain. When does the above apply? When many people enter from one direction and leave from the opposite direction.
The law pertaining to other places aside from those which we mentioned is: Just as they are a private domain with regard to the laws of the Sabbath, so too, they are a private domain with regard to the laws of impurity.
Halacha 8
There are places that are not considered as a private domain with regard to the Sabbath laws, but are, nevertheless, considered as a private domain with regard to the laws of impurity, because the people do not use them. They are: trees and holes in the walls of the public domain even if they are not four handbreadths by four handbreadths.
What is implied? There was a tree standing in the public domain with impurity in it. One climbed to the top of the tree and he is in doubt whether or not he touched the impurity, he is impure because of the doubt. One inserted his hand into a hole in which impurity is situated and he is in doubt whether or not he touched it, he is impure because of the doubt.
Halacha 9
When there is a store that is impure which is open to the public domain, and a person is in doubt whether or not he entered, he is pure despite the doubt. For the entire store is considered as the carcass of a creeping animal lying in the public domain in which instance, if a question arose whether one touched it, he is pure.
If there are two stores, one pure and one impure, in the public domain, and a person entered one, but he is in doubt whether or not he entered the impure store or the pure store, he is impure because of the doubt. This is considered as a doubt that arose in a private domain, because a store is considered as a private domain.
Similarly, if, in the winter, there is a valley that contains many fields, with at least one field known to be impure and one, pure, and a person said: "I entered this valley and I do not know if I entered that field or not," he is impure because of the doubt. The rationale is that when a doubt arises in a private domain - even a doubt whether one entered - the person is impure.
Halacha 10
When a place was considered a private domain, it then became a public domain, and then it became a private domain, the ruling depends on its immediate status. While it is a private domain, when there is a doubt, the person is impure. While it is a public domain, when there is a doubt, the person is pure.
Halacha 11
Entities that are situated in the public domain are considered as the public domain.
What is implied? There was a container ten handbreadths high in the public domain in which was situated a source of impurity. If one is in doubt whether he touched the container, he is pure despite the doubt. If he inserted his hand into the container, but he was in doubt whether he touched the impurity, he is impure because of the doubt.
If there was a stone container resting on his shoulder and a loaf of bread that was terumah wrapped in tree bast or paper contained within it and there was a doubt whether or not another person touched it, it is impure because of the doubt.
Halacha 12
When there is a donkey in the public domain that was ten handbreadths high, impurity was placed on it and a doubt arose whether a person touched the donkey's back, he is pure despite the doubt. If he extended his hand above the donkey and he was in doubt whether or not he touched the impurity, he is impure because of the doubt.
Similarly, if there was a rock that was ten handbreadths high placed in the public domain and impurity was placed on it, if there was a doubt whether or not one touched the top of the rock, he is pure despite the doubt. If he climbed on top of the rock, but he was in doubt whether or not he touched the impurity, he is impure because of the doubt.
Halacha 13
In all off the following situations:
a) a zav was riding on his donkey; another person was riding on another donkey and they were riding on the way and the person was in doubt whether or not he touched the zav;
b) an impure child was being carried on his father's shoulder and a pure child was being carried on his father's shoulder, the fathers were walking next to each other and a doubt arose whether one child touched the other;
c) a person was carrying a package on his shoulder; there was unidentified saliva stuck to the wall and a doubt arose whether or not it touched it;
d) utensils were spread out on a surface more than ten handbreadths high in the public domain; an impure person passed by and a doubt arose whether he moved them or not. In all these instances, the person or the article is pure.
Blessed be the Merciful One Who offers assistance.
• Shabbat, Menachem Av 9, 5775 · 25 July 2015
"Today's Day"
Tuesday Menachem Av 9 5703
At Mincha: Sh'ma, Song of the Day (p. 76), Ein k'Elokeinu (p. 81), all the studies relevant to Shacharit, then the Order of Mincha (p. 96). The b'racha, she'assa li kol tzorki ("Who has provided me with every need," p. 8) is not said until tomorrow.
Torah lessons: Chumash: Va'etchanan, Shlishi with Rashi.
Tehillim: 49-54.
Tanya: And now once more (p. 393) ...but Torah..." (p. 393).
Every year on Tisha B'Av my father studied Eicha Raba and the section of R. Yochanan in chapter Hanizakin.1
In the morning, after kinot - and he would say them all - he said Eicha. He was called to the Torah for maftir, sometimes both at Shacharit and Mincha.
FOOTNOTES
1. Of Tractate Gittin, page 55b. The section deals with the destruction of the Jerusalem sanctuary.
Daily Thought:
Demand Our Rights
We have the right to demand that the Moshiach should arrive now despite our failures.
We have the right and the obligation to demand our own rebirth without travail, without pain.
We have already filled our measure of such, a hundred times over.
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