Today's Laws & Customs:
• "The Three Weeks"
During the Three Weeks, from 17th of Tamuz to the 9th of Av, we commemorate the conquest of Jerusalem, the destruction of the Holy Temple and the dispersion of the Jewish people.
Weddings and other joyful events are not held during this period; like mourners, we do not cut our hair, and various pleasurable activities are limited or proscribed. (The particular mourning customs vary from community to community, so consult a competent halachic authority for details.)
Citing the verse (Isaiah 1:27) "Zion shall be redeemed with mishpat [Torah] and its returnees with tzedakah," the Rebbe urged that we increase in Torah study(particularly the study of the laws of the Holy Temple) and charity during this period.
Links:
The Three Weeks
Today in Jewish History:
• Passing of "Yismach Moshe" (1841)
Tammuz 28 is the yahrzeit of Rabbi Moshe Teitelbaum (1759-1841) of Uhely, Hungary, author of Yismach Moshe and patriarch of the Hungarian Chassidic dynasties.
Daily Quote:
Remember the Sabbath day, to keep it holy. Six days shall you labor, and do all your work; but the seventh day is a sabbath to G‑d. Do not do any work: neither you, your son, your daughter, your manservant, your maidservant, your animal, nor your sojourner who is in your cities. For in six days G‑d made heaven and earth, the sea, and all that is in them, and rested on the seventh day. Therefore G‑d blessed the Sabbath day, and hallowed it.[Exodus 20:8–11 (fourth of the Ten Commandments)]
Daily Study:
Chitas and Rambam for today:
Chumash: Matot-Massei, 4th Portion Numbers 32:20-33:49 with Rashi
• Chapter 32
20Moses said to them, "If you do this thing, if you arm yourselves for battle before the Lord, כוַיֹּאמֶר אֲלֵיהֶם משֶׁה אִם תַּעֲשׂוּן אֶת הַדָּבָר הַזֶּה אִם תֵּחָלְצוּ לִפְנֵי יְהֹוָה לַמִּלְחָמָה:
21and your armed force crosses the Jordan before the Lord until He has driven out His enemies before Him, כאוְעָבַר לָכֶם כָּל חָלוּץ אֶת הַיַּרְדֵּן לִפְנֵי יְהֹוָה עַד הוֹרִישׁוֹ אֶת אֹיְבָיו מִפָּנָיו:
22and the Land will be conquered before the Lord, afterwards you may return, and you shall be freed [of your obligation] from the Lord and from Israel, and this land will become your heritage before the Lord. כבוְנִכְבְּשָׁה הָאָרֶץ לִפְנֵי יְהֹוָה וְאַחַר תָּשֻׁבוּ וִהְיִיתֶם נְקִיִּם מֵיהֹוָה וּמִיִּשְׂרָאֵל וְהָיְתָה הָאָרֶץ הַזֹּאת לָכֶם לַאֲחֻזָּה לִפְנֵי יְהֹוָה:
23But, if you do not do so, behold, you will have sinned against the Lord, and be aware of your sin which will find you. כגוְאִם לֹא תַעֲשׂוּן כֵּן הִנֵּה חֲטָאתֶם לַיהֹוָה וּדְעוּ חַטַּאתְכֶם אֲשֶׁר תִּמְצָא אֶתְכֶם:
24So build yourselves cities for your children and enclosures for your sheep, and what has proceeded from your mouth you shall do." כדבְּנוּ לָכֶם עָרִים לְטַפְּכֶם וּגְדֵרֹת לְצֹנַאֲכֶם וְהַיֹּצֵא מִפִּיכֶם תַּעֲשׂוּ:
for your sheep: Heb. לְצֹנַאֲכֶם. This word is cognate with,“Flocks (צֹנֶה) and cattle, all of them” (Ps. 8:8), in which there is no א separating the נ from the צ. The א that appears here after the נ [in the word לְצֹנַאֲכֶם is in place of the ה in the word צֹנֶה. I learned this from the commentary of R. Moshe Hadarshan [the preacher]. לצנאכם: תיבה זו מגזרת (תהלים ח, ח) צנה ואלפים כלם, שאין בו אל"ף מפסיק בין נו"ן לצד"י, ואל"ף שבא כאן אחר הנו"ן במקום ה"א של צנה הוא. מיסודו של ר' משה הדרשן למדתי כן:
and what has proceeded from your mouth you shall do: for the sake of the Most High [God], for you have undertaken to cross over for battle until [the completion of] conquest and the apportionment [of the Land]. Moses had asked of them only “and… will be conquered before the Lord, afterwards you may return,” (verse 22), but they undertook,“until… has taken possession” (verse 18). Thus, they added that they would remain seven years while it was divided, and indeed they did so (see Josh. 22). והיצא מפיכם תעשו: לגבוה שקבלתם עליכם לעבור למלחמה עד כבוש וחלוק. שמשה לא בקש מהם אלא ונכבשה ואחר תשובו, והם קבלו עליהם עד התנחל, הרי הוסיפו להתעכב שבע שחלקו, וכן עשו:
25The descendants of Gad and the descendants of Reuben spoke to Moses, saying, "Your servants will do as my master commands. כהוַיֹּאמֶר בְּנֵי גָד וּבְנֵי רְאוּבֵן אֶל משֶׁה לֵאמֹר עֲבָדֶיךָ יַּעֲשׂוּ כַּאֲשֶׁר אֲדֹנִי מְצַוֶּה:
The descendants of Gad spoke: Heb. וַיֹּאמֶר [in the singular form, indicating that] they all [spoke] as one person. — [Jonathan ben Uzziel] ויאמר בני גד: כולם כאיש אחד:
26Our children and our wives, our livestock and our cattle will remain there, in the cities of Gilead. כוטַפֵּנוּ נָשֵׁינוּ מִקְנֵנוּ וְכָל בְּהֶמְתֵּנוּ יִהְיוּ שָׁם בְּעָרֵי הַגִּלְעָד:
27But your servants will cross over all who are armed for combat before the Lord, for the battle, as my master has spoken." כזוַעֲבָדֶיךָ יַעַבְרוּ כָּל חֲלוּץ צָבָא לִפְנֵי יְהֹוָה לַמִּלְחָמָה כַּאֲשֶׁר אֲדֹנִי דֹּבֵר:
28Moses commanded Eleazar the kohen and Joshua the son of Nun and all the paternal heads of the tribes of the children of Israel concerning them. כחוַיְצַו לָהֶם משֶׁה אֵת אֶלְעָזָר הַכֹּהֵן וְאֵת יְהוֹשֻׁעַ בִּן נוּן וְאֶת רָאשֵׁי אֲבוֹת הַמַּטּוֹת לִבְנֵי יִשְׂרָאֵל:
commanded… concerning them: Heb. לָהֶם, like עִלֵיהֶם, concerning them, and concerning [the fulfillment of] their condition, he appointed Eleazar and Joshua, as in,“the Lord will fight for you (לָכֶם) ” (Exod. 14:14) [not “to you”]. ויצו להם: כמו עליהם, ועל תנאם מינה אלעזר ויהושע, כמו (שמות יד, יד) ה' ילחם לכם:
29Moses said to them, "If the descendants of Gad and Reuben cross the Jordan with you armed for battle before the Lord, and the Land is conquered before you, you shall give them the land of Gilead as a heritage. כטוַיֹּאמֶר משֶׁה אֲלֵהֶם אִם יַעַבְרוּ בְנֵי גָד וּבְנֵי רְאוּבֵן | אִתְּכֶם אֶת הַיַּרְדֵּן כָּל חָלוּץ לַמִּלְחָמָה לִפְנֵי יְהֹוָה וְנִכְבְּשָׁה הָאָרֶץ לִפְנֵיכֶם וּנְתַתֶּם לָהֶם אֶת אֶרֶץ הַגִּלְעָד לַאֲחֻזָּה:
30But if they do not cross over with you armed [for battle], they shall receive a possession among you in the land of Canaan." לוְאִם לֹא יַעַבְרוּ חֲלוּצִים אִתְּכֶם וְנֹאחֲזוּ בְתֹכְכֶם בְּאֶרֶץ כְּנָעַן:
31The descendants of Gad and the descendants of Reuben answered, saying, "We shall do as the Lord has spoken to your servants. לאוַיַּעֲנוּ בְנֵי גָד וּבְנֵי רְאוּבֵן לֵאמֹר אֵת אֲשֶׁר דִּבֶּר יְהֹוָה אֶל עֲבָדֶיךָ כֵּן נַעֲשֶׂה:
32We shall cross over in an armed force before the Lord to the land of Canaan, and then we shall have the possession of our inheritance on this side of the Jordan." לבנַחְנוּ נַעֲבֹר חֲלוּצִים לִפְנֵי יְהֹוָה אֶרֶץ כְּנָעַן וְאִתָּנוּ אֲחֻזַּת נַחֲלָתֵנוּ מֵעֵבֶר לַיַּרְדֵּן:
and then we shall have the possession of our inheritance: That is to say, the possession of our inheritance on this side [of the Jordan] will be in our hands and under our ownership. ואתנו אחזת נחלתנו: כלומר בידינו וברשותנו תהי אחוזת נחלתנו מעבר הזה:
33Moses gave the descendants of Gad and the descendants of Reuben and half the tribe of Manasseh the son of Joseph, the kingdom of Sihon, king of the Amorites, and the kingdom of Og, king of Bashan the land together with its cities within borders, the cities of the surrounding territory. לגוַיִּתֵּן לָהֶם | משֶׁה לִבְנֵי גָד וְלִבְנֵי רְאוּבֵן וְלַחֲצִי | שֵׁבֶט | מְנַשֶּׁה בֶן יוֹסֵף אֶת מַמְלֶכֶת סִיחֹן מֶלֶךְ הָאֱמֹרִי וְאֶת מַמְלֶכֶת עוֹג מֶלֶךְ הַבָּשָׁן הָאָרֶץ לְעָרֶיהָ בִּגְבֻלֹת עָרֵי הָאָרֶץ סָבִיב:
34The descendants of Gad built Dibon, Ataroth, and Aroer. לדוַיִּבְנוּ בְנֵי גָד אֶת דִּיבֹן וְאֶת עֲטָרֹת וְאֵת עֲרֹעֵר:
35And Atroth Shophan, Jazer, and Jogbehah. להוְאֶת עַטְרֹת שׁוֹפָן וְאֶת יַעְזֵר וְיָגְבְּהָה:
36And Beth Nimrah and Beth Haran, fortified cities and sheepfolds. לווְאֶת בֵּית נִמְרָה וְאֶת בֵּית הָרָן עָרֵי מִבְצָר וְגִדְרֹת צֹאן:
fortified cities and sheepfolds: This last part of the verse relates to the beginning of the passage, “The descendants of Gad built” these cities as fortified cities and sheepfolds. ערי מבצר וגדרות צאן: זה סוף הפסוק מוסב על תחלת הענין, ויבנו בני גד את הערים הללו להיות ערי מבצר וגדרות צאן:
37The descendants of Reuben built Heshbon, Elealeh, and Kirjathaim. לזוּבְנֵי רְאוּבֵן בָּנוּ אֶת חֶשְׁבּוֹן וְאֶת אֶלְעָלֵא וְאֵת קִרְיָתָיִם:
38And Nebo and Baal Meon, their names having been changed, and Sibmah. And they were called with names of the names of the cities they built. לחוְאֶת נְבוֹ וְאֶת בַּעַל מְעוֹן מוּסַבֹּת שֵׁם וְאֶת שִׂבְמָה וַיִּקְרְאוּ בְשֵׁמֹת אֶת שְׁמוֹת הֶעָרִים אֲשֶׁר בָּנוּ:
Nebo and Baal-Meon, their names having been changed: Nebo and Baal Meon were names of pagan deities, and the Amorites named their towns after their deities, and the descendants of Reuben changed their names to other names. This is the meaning of“their names having been changed”-Nebo and Baal-Meon, changed to another name. ואת נבו ואת בעל מעון מוסבת שם: נבו ובעל מעון שמות עבודה זרה הם, והיו האמוריים קורים עריהם על שם עבודה זרה שלהם, ובני ראובן הסבו את שמם לשמות אחרים, וזהו מוסבות שם, נבו ובעל מעון מוסבות לשם אחר:
and Sibmah: They built Sibmah, which is identical with Sebam mentioned earlier (verse 3). ואת שבמה: בנו שבמה והיא שבם האמורה למעלה:
39The children of Machir the son of Manasseh went to Gilead and conquered it, driving out the Amorites who were there. לטוַיֵּלְכוּ בְּנֵי מָכִיר בֶּן מְנַשֶּׁה גִּלְעָדָה וַיִּלְכְּדֻהָ וַיּוֹרֶשׁ אֶת הָאֱמֹרִי אֲשֶׁר בָּהּ:
driving out: As the Targum [Onkelos] renders, וְתָרִיךְ, and drove out, for the word רִישׁ can be used in two [different] ways, in the sense of יְרוּשָׁה, ‘inheritance,’ or in the sense of הוֹרָשָׁה ‘driving out,’ meaning to expel or oust. — [Machbereth Menachem p. 167] ויורש: כתרגומו ותריך. שתיבת רי"ש משמשת שתי חלוקות לשון ירושה ולשון הורשה, שהוא טירוד ותירוך:
40Moses gave Gilead to Machir the son of Manasseh, and he settled in it. מוַיִּתֵּן משֶׁה אֶת הַגִּלְעָד לְמָכִיר בֶּן מְנַשֶּׁה וַיֵּשֶׁב בָּהּ:
41Jair the son of Manasseh went and conquered their hamlets, and called them the hamlets of Jair. מאוְיָאִיר בֶּן מְנַשֶּׁה הָלַךְ וַיִּלְכֹּד אֶת חַוֹּתֵיהֶם וַיִּקְרָא אֶתְהֶן חַוֹּת יָאִיר:
their hamlets: Heb. חַוֹּתֵיהֶם, [Onkelos renders,] כַּפְרָנֵיהוֹן, their hamlets. חותיהם: כפרניהון:
and called them the hamlets of Jair: Since he had no children, he named them after himself, as a memorial. ויקרא אתהן חות יאיר: לפי שלא היו לו בנים קראם בשמו לזכרון:
42Nobah went and conquered Kenath and its surrounding villages, and called it Nobah, after his name. מבוְנֹבַח הָלַךְ וַיִּלְכֹּד אֶת קְנָת וְאֶת בְּנֹתֶיהָ וַיִּקְרָא לָה נֹבַח בִּשְׁמוֹ:
and called it Nobah: Heb. לָה. [The ‘hey’ in] לָה is not a ‘mappik’ [aspirate ‘hey’ since there is no dot in the] ה [thus indicating that it is silent, contrary to the general rule]. I saw in the commentary of R. Moshe Hadarshan [as follows]: Since this name did not remain permanently, it is [a] silent [letter], so that it [the word לָה] can be expounded as לֹא, ‘not.’ But I wonder how he would expound two words similar to this, namely,“Boaz said to her (לָה)” (Ruth 2:14);“to build her (לָה) a house” (Zech. 5:11). ויקרא לה נבח: לה אינו מפיק ה"א. וראיתי ביסודו של רבי משה הדרשן לפי שלא נתקיים לה שם זה, לפיכך הוא רפה, שמשמע מדרשו כמו לא. ותמהני מה ידרוש בשתי תיבות הדומות לה (רות ב, יד) ויאמר לה בועז, (זכריה ה, יא) לבנות לה בית:
Chapter 33
1These are the journeys of the children of Israel who left the land of Egypt in their legions, under the charge of Moses and Aaron. אאֵלֶּה מַסְעֵי בְנֵי יִשְׂרָאֵל אֲשֶׁר יָצְאוּ מֵאֶרֶץ מִצְרַיִם לְצִבְאֹתָם בְּיַד משֶׁה וְאַהֲרֹן:
These are the journeys: Why were these journeys recorded? To inform us of the kind deeds of the Omnipresent, for although He issued a decree to move them around [from place to place] and make them wander in the desert, you should not say that they were moving about and wandering from station to station for all forty years, and they had no rest, because there are only forty-two stages. Deduct fourteen of them, for they all took place in the first year, before the decree, from when they journeyed from Rameses until they arrived in Rithmah, from where the spies were sent, as it says, “Then the people journeyed from Hazeroth [and camped in the desert of Paran].” (12:16); “Send out for yourself men…” (13:2), and here it says, “They journeyed from Hazeroth and camped at Rithmah,” teaching us that it [Rithmah] was in the desert of Paran. Subtract a further eight stages which took place after Aaron’s death-from Mount Hor to the plains of Moab-during the fortieth year, and you will find that throughout the thirty-eight years they made only twenty journeys. I found this in the commentary of R. Moshe (Hadarshan) [the preacher] (Mid. Aggadah). R. Tanchuma expounds it in another way. It is analogous to a king whose son became sick, so he took him to a far away place to have him healed. On the way back, the father began citing all the stages of their journey, saying to him, “This is where we sat, here we were cold, here you had a headache etc.” - [Mid. Tanchuma Massei 3, Num. Rabbah 23:3] אלה מסעי: למה נכתבו המסעות הללו, להודיע חסדיו של מקום, שאעפ"י שגזר עליהם לטלטלם ולהניעם במדבר, לא תאמר שהיו נעים ומטולטלים ממסע למסע כל ארבעים שנה ולא היתה להם מנוחה, שהרי אין כאן אלא ארבעים ושתים מסעות. צא מהם י"ד, שכולם היו בשנה ראשונה, קודם גזירה, משנסעו מרמעסס עד שבאו לרתמה. שמשם נשתלחו המרגלים, שנאמר (במדבר יב, טז) ואחר נסעו העם מחצרות וגו' (שם יג, ב) שלח לך אנשים וגו'. וכאן הוא אומר ויסעו מחצרות ויחנו ברתמה, למדת שהיא במדבר פארן. ועוד הוצא משם שמונה מסעות שהיו לאחר מיתת אהרן מהר ההר עד ערבות מואב בשנת הארבעים, נמצא שכל שמנה ושלשים שנה לא נסעו אלא עשרים מסעות. זה מיסודו של רבי משה הדרשן. ורבי תנחומא דרש בו דרשה אחרת משל למלך שהיה בנו חולה והוליכו למקום רחוק לרפאותו, כיון שהיו חוזרין התחיל אביו מונה כל המסעות. אמר לו כאן ישננו, כאן הוקרנו, כאן חששת את ראשך וכו':
2Moses recorded their starting points for their journeys according to the word of the Lord, and these were their journeys with their starting points. בוַיִּכְתֹּב משֶׁה אֶת מוֹצָאֵיהֶם לְמַסְעֵיהֶם עַל פִּי יְהֹוָה וְאֵלֶּה מַסְעֵיהֶם לְמוֹצָאֵיהֶם:
3They journeyed from Rameses in the first month, on the fifteenth day of the first month; on the day following the Passover sacrifice, the children of Israel left triumphantly before the eyes of all the Egyptians. גוַיִּסְעוּ מֵרַעְמְסֵס בַּחֹדֶשׁ הָרִאשׁוֹן בַּחֲמִשָּׁה עָשָׂר יוֹם לַחֹדֶשׁ הָרִאשׁוֹן מִמָּחֳרַת הַפֶּסַח יָצְאוּ בְנֵי יִשְׂרָאֵל בְּיָד רָמָה לְעֵינֵי כָּל מִצְרָיִם:
4And the Egyptians were busy burying because the Lord had struck down their firstborn and had wrought vengeance against their deities. דוּמִצְרַיִם מְקַבְּרִים אֵת אֲשֶׁר הִכָּה יְהֹוָה בָּהֶם כָּל בְּכוֹר וּבֵאלֹהֵיהֶם עָשָׂה יְהֹוָה שְׁפָטִים:
And the Egyptians were busy burying: occupied with their mourning. ומצרים מקברים: טרודים באבלם:
5The children of Israel journeyed from Rameses and camped in Succoth. הוַיִּסְעוּ בְנֵי יִשְׂרָאֵל מֵרַעְמְסֵס וַיַּחֲנוּ בְּסֻכֹּת:
6They journeyed from Succoth and camped in Etham, at the edge of the desert. ווַיִּסְעוּ מִסֻּכֹּת וַיַּחֲנוּ בְאֵתָם אֲשֶׁר בִּקְצֵה הַמִּדְבָּר:
7They journeyed from Etham and camped in Pi hahiroth, which faces Baal zephon; and they camped in front of Migdol. זוַיִּסְעוּ מֵאֵתָם וַיָּשָׁב עַל פִּי הַחִירֹת אֲשֶׁר עַל פְּנֵי בַּעַל צְפוֹן וַיַּחֲנוּ לִפְנֵי מִגְדֹּל:
8They journeyed from Penei hahiroth and crossed in the midst of the sea to the desert. They walked for three days in the desert of Etham and camped in Marah. חוַיִּסְעוּ מִפְּנֵי הַחִירֹת וַיַּעַבְרוּ בְתוֹךְ הַיָּם הַמִּדְבָּרָה וַיֵּלְכוּ דֶּרֶךְ שְׁלשֶׁת יָמִים בְּמִדְבַּר אֵתָם וַיַּחֲנוּ בְּמָרָה:
9They journeyed from Marah and arrived in Elim, and in Elim there were twelve springs of water and seventy palm trees, and they camped there. טוַיִּסְעוּ מִמָּרָה וַיָּבֹאוּ אֵילִמָה וּבְאֵילִם שְׁתֵּים עֶשְׂרֵה עֵינֹת מַיִם וְשִׁבְעִים תְּמָרִים וַיַּחֲנוּ שָׁם:
10They journeyed from Elim and camped by the Red Sea. יוַיִּסְעוּ מֵאֵילִם וַיַּחֲנוּ עַל יַם סוּף:
11They journeyed from the Red Sea and camped in the desert of Sin. יאוַיִּסְעוּ מִיַּם סוּף וַיַּחֲנוּ בְּמִדְבַּר סִין:
12They journeyed from the desert of Sin and camped in Dophkah. יבוַיִּסְעוּ מִמִּדְבַּר סִין וַיַּחֲנוּ בְּדָפְקָה:
13They journeyed from Dophkah and camped in Alush. יגוַיִּסְעוּ מִדָּפְקָה וַיַּחֲנוּ בְּאָלוּשׁ:
14They journeyed from Alush and camped in Rephidim, but there there was no water for the people to drink. ידוַיִּסְעוּ מֵאָלוּשׁ וַיַּחֲנוּ בִּרְפִידִם וְלֹא הָיָה שָׁם מַיִם לָעָם לִשְׁתּוֹת:
15They journeyed from Rephidim and camped in the Sinai desert. טווַיִּסְעוּ מֵרְפִידִם וַיַּחֲנוּ בְּמִדְבַּר סִינָי:
16They journeyed from the Sinai desert and camped in Kivroth hataavah. טזוַיִּסְעוּ מִמִּדְבַּר סִינָי וַיַּחֲנוּ בְּקִבְרֹת הַתַּאֲוָה:
17They journeyed from Kivroth hataavah and camped in Hazeroth יזוַיִּסְעוּ מִקִּבְרֹת הַתַּאֲוָה וַיַּחֲנוּ בַּחֲצֵרֹת:
18They journeyed from Hazeroth and camped in Rithmah. יחוַיִּסְעוּ מֵחֲצֵרֹת וַיַּחֲנוּ בְּרִתְמָה:
Rithmah: Heb. רִתְמָה, so named because of the slander of the spies, for it says,“What can He give you, and what can He add to you, you deceitful tongue? Sharpened arrows of a mighty man, with coals of brooms רְתָמִים” (Ps. 120:3-4). - [Mid. Aggadah] ויחנו ברתמה: על שם לשון הרע של מרגלים, שנאמר (תהלים קכ, ג) מה יתן לך ומה יוסיף לך לשון רמיה חצי גבור שנונים עם גחלי רתמים:
19They journeyed from Rithmah and camped in Rimmon perez. יטוַיִּסְעוּ מֵרִתְמָה וַיַּחֲנוּ בְּרִמֹּן פָּרֶץ:
20They journeyed from Rimmon perez and camped in Libnah. כוַיִּסְעוּ מֵרִמֹּן פָּרֶץ וַיַּחֲנוּ בְּלִבְנָה:
21They journeyed from Libnah and camped in Rissah. כאוַיִּסְעוּ מִלִּבְנָה וַיַּחֲנוּ בְּרִסָּה:
22They journeyed from Rissah and camped in Kehelathah. כבוַיִּסְעוּ מֵרִסָּה וַיַּחֲנוּ בִּקְהֵלָתָה:
23They journeyed from Kehelathah and camped in Mount Shepher. כגוַיִּסְעוּ מִקְּהֵלָתָה וַיַּחֲנוּ בְּהַר שָׁפֶר:
24They journeyed from Mount Shepher and camped in Haradah. כדוַיִּסְעוּ מֵהַר שָׁפֶר וַיַּחֲנוּ בַּחֲרָדָה:
25They journeyed from Haradah and camped in Makheloth. כהוַיִּסְעוּ מֵחֲרָדָה וַיַּחֲנוּ בְּמַקְהֵלֹת:
26They journeyed from Makheloth and camped in Tahath. כווַיִּסְעוּ מִמַּקְהֵלֹת וַיַּחֲנוּ בְּתָחַת:
27They journeyed from Tahath and camped in Tarah. כזוַיִּסְעוּ מִתָּחַת וַיַּחֲנוּ בְּתָרַח:
28They journeyed from Tarah and camped in Mithkah. כחוַיִּסְעוּ מִתָּרַח וַיַּחֲנוּ בְּמִתְקָה:
29They journeyed from Mithkah and camped in Hashmonah. כטוַיִּסְעוּ מִמִּתְקָה וַיַּחֲנוּ בְּחַשְׁמֹנָה:
30They journeyed from Hashmonah and camped in Moseroth. לוַיִּסְעוּ מֵחַשְׁמֹנָה וַיַּחֲנוּ בְּמֹסֵרוֹת:
31They journeyed from Moseroth and camped in Benei jaakan. לאוַיִּסְעוּ מִמֹּסֵרוֹת וַיַּחֲנוּ בִּבְנֵי יַעֲקָן:
32They journeyed from Benei jaakan and camped in Hor hagidgad. לבוַיִּסְעוּ מִבְּנֵי יַעֲקָן וַיַּחֲנוּ בְּחֹר הַגִּדְגָּד:
33They journeyed from Hor hagidgad and camped in Jotbathah. לגוַיִּסְעוּ מֵחֹר הַגִּדְגָּד וַיַּחֲנוּ בְּיָטְבָתָה:
34They journeyed from Jotbathah and camped in Abronah. לדוַיִּסְעוּ מִיָּטְבָתָה וַיַּחֲנוּ בְּעַבְרֹנָה:
35They journeyed from Abronah and camped in Etzion geber. להוַיִּסְעוּ מֵעַבְרֹנָה וַיַּחֲנוּ בְּעֶצְיֹן גָּבֶר:
36They journeyed from Ezion geber and camped in the desert of Zin, which is Kadesh. לווַיִּסְעוּ מֵעֶצְיֹן גָּבֶר וַיַּחֲנוּ בְּמִדְבַּר צִן הִוא קָדֵשׁ:
37They journeyed from Kadesh and camped at Mount Hor, at the edge of the land of Edom. לזוַיִּסְעוּ מִקָּדֵשׁ וַיַּחֲנוּ בְּהֹר הָהָר בִּקְצֵה אֶרֶץ אֱדוֹם:
38Aaron the kohen ascended Mount Hor at the Lord's bidding and died there, on the first day of the fifth month in the fortieth year of the children of Israel's exodus from Egypt. לחוַיַּעַל אַהֲרֹן הַכֹּהֵן אֶל הֹר הָהָר עַל פִּי יְהֹוָה וַיָּמָת שָׁם בִּשְׁנַת הָאַרְבָּעִים לְצֵאת בְּנֵי יִשְׂרָאֵל מֵאֶרֶץ מִצְרַיִם בַּחֹדֶשׁ הַחֲמִישִׁי בְּאֶחָד לַחֹדֶשׁ:
at the Lord’s bidding: [lit., by the mouth of the Lord.] This teaches us that he died by the [Divine] kiss. — [B.B. 17a] על פי ה': מלמד שמת בנשיקה:
39Aaron was one hundred and twenty three years old when he died at Mount Hor. לטוְאַהֲרֹן בֶּן שָׁלשׁ וְעֶשְׂרִים וּמְאַת שָׁנָה בְּמֹתוֹ בְּהֹר הָהָר:
40The Canaanite king of Arad, who dwelt in the south, in the land of Canaan, heard that the children of Israel had arrived. מוַיִּשְׁמַע הַכְּנַעֲנִי מֶלֶךְ עֲרָד וְהוּא ישֵׁב בַּנֶּגֶב בְּאֶרֶץ כְּנָעַן בְּבֹא בְּנֵי יִשְׂרָאֵל:
The Canaanite…heard: To teach you that it was the news of Aaron’s death that he heard, for the clouds of glory had withdrawn, and he thought that permission had been granted to wage war against Israel. This is why it [Scripture] repeats it [here]. — [R. H. 3a] וישמע הכנעני: כאן למדך שמיתת אהרן היא השמועה, שנסתלקו ענני הכבוד וכסבור שנתנה רשות להלחם בישראל, לפיכך חזר וכתבה:
41They journeyed from Mount Hor and camped in Zalmonah. מאוַיִּסְעוּ מֵהֹר הָהָר וַיַּחֲנוּ בְּצַלְמֹנָה:
42They journeyed from Zalmonah and camped in Punon. מבוַיִּסְעוּ מִצַּלְמֹנָה וַיַּחֲנוּ בְּפוּנֹן:
43They journeyed from Punon and camped in Oboth. מגוַיִּסְעוּ מִפּוּנֹן וַיַּחֲנוּ בְּאֹבֹת:
44They journeyed from Oboth and camped at the ruins of Abarim, on the Moabite boundary. מדוַיִּסְעוּ מֵאֹבֹת וַיַּחֲנוּ בְּעִיֵּי הָעֲבָרִים בִּגְבוּל מוֹאָב:
the ruins of Abarim: Heb. עִיּי הָעֲבָרִים, an expression denoting waste and ruins, as“into a heap (לְעִי) in the field” (Micah 1:6);“they have turned Jerusalem into heaps (לְעִיִּים) ” (Ps. 79:1). בעיי העברים: לשון חרבות וגלים, כמו (מיכה א, ו) לעי השדה, (תהלים עט, א) שמו את ירושלים לעיים:
45They journeyed from the ruins and camped in Dibon gad. מהוַיִּסְעוּ מֵעִיִּים וַיַּחֲנוּ בְּדִיבֹן גָּד:
46They journeyed from Dibon gad and camped in Almon diblathaimah. מווַיִּסְעוּ מִדִּיבֹן גָּד וַיַּחֲנוּ בְּעַלְמֹן דִּבְלָתָיְמָה:
47They journeyed from Almon diblathaimah and camped in the mountains of Abarim, in front of Nebo. מזוַיִּסְעוּ מֵעַלְמֹן דִּבְלָתָיְמָה וַיַּחֲנוּ בְּהָרֵי הָעֲבָרִים לִפְנֵי נְבוֹ:
48They journeyed from the mountains of Abarim and camped in the plains of Moab by the Jordan at Jericho. מחוַיִּסְעוּ מֵהָרֵי הָעֲבָרִים וַיַּחֲנוּ בְּעַרְבֹת מוֹאָב עַל יַרְדֵּן יְרֵחוֹ:
49They camped along the Jordan from Beth jeshimoth to Abel shittim, in the plains of Moab. מטוַיַּחֲנוּ עַל הַיַּרְדֵּן מִבֵּית הַיְשִׁמֹת עַד אָבֵל הַשִּׁטִּים בְּעַרְבֹת מוֹאָב:
from Beth-jeshimoth to Abel-shittim: This teaches you that the extent of Israel’s camp was twelve mil [a mil equaling approximately 3500 ft.] for Rabbah bar bar Channah said, “I myself saw that place [and it is three parasangs (12 mil) square].” - [Eruvin 55b] מבית הישמת עד אבל השטים: כאן למדך שיעור מחנה ישראל י"ב מיל. דאמר רבה בר בר חנה לדידי חזי לי ההוא אתרא וכו' (ערובין נה ב):
Abel-shittim: The plain of Shittim was called Abel. אבל השטים: מישור של שטים אבל שמו:
Daily Tehillim: Psalms Chapters 135 - 139
• Chapter 135
1. Praise the Lord! Praise the Name of the Lord; offer praise, you servants of the Lord-
2. who stand in the House of the Lord, in the courtyards of the House of our God.
3. Praise the Lord, for the Lord is good; sing to His Name, for He is pleasant.
4. For God has chosen Jacob for Himself, Israel as His beloved treasure.
5. For I know that the Lord is great, our Master is greater than all supernal beings.
6. All that the Lord desired He has done, in the heavens and on earth, in the seas and the depths.
7. He causes mists to rise from the ends of the earth; He makes lightning for the rain; He brings forth the wind from His vaults.
8. It was He who struck down the firstborn of Egypt, of man and beast.
9. He sent signs and wonders into the midst of Egypt, on Pharaoh and on all his servants.
10. It was He who struck down many nations, and slew mighty kings:
11. Sichon, king of the Amorites; Og, king of Bashan; and all the kingdoms of Canaan.
12. And He gave their lands as a heritage, a heritage to His people Israel.
13. Lord, Your Name is forever; Lord, Your remembrance is throughout all generations.
14. Indeed, the Lord will judge on behalf of His people, and have compassion on His servants.
15. The idols of the nations are silver and gold, the product of human hands.
16. They have a mouth, but cannot speak; they have eyes, but cannot see;
17. they have ears, but cannot hear; nor is there breath in their mouth.
18. Like them will their makers become-all who trust in them.
19. House of Israel, bless the Lord; House of Aaron, bless the Lord;
20. House of Levi, bless the Lord; you who fear the Lord, bless the Lord.
21. Blessed is the Lord from Zion, who dwells in Jerusalem. Praise the Lord!
Chapter 136
This psalm contains twenty-six verses, corresponding to the twenty-six generations between the creation of the world and the giving of the Torah.
1. Praise the Lord for He is good, for His kindness is forever.
2. Praise the God of the supernal beings, for His kindness is forever.
3. Praise the Master of the heavenly hosts, for His kindness is forever.
4. Who alone performs great wonders, for His kindness is forever.
5. Who makes the heavens with understanding, for His kindness is forever.
6. Who spreads forth the earth above the waters, for His kindness is forever.
7. Who makes the great lights, for His kindness is forever.
8. The sun to rule by day, for His kindness is forever.
9. The moon and stars to rule by night, for His kindness is forever.
10. Who struck Egypt through its firstborn, for His kindness is forever.
11. And brought Israel out of their midst, for His kindness is forever.
12. With a strong hand and with an outstretched arm, for His kindness is forever.
13. Who split the Sea of Reeds into sections, for His kindness is forever.
14. And brought Israel across it, for His kindness is forever.
15. And cast Pharaoh and his army into the Sea of Reeds, for His kindness is forever.
16. Who led His people through the desert, for His kindness is forever;
17. Who struck down great kings, for His kindness is forever.
18. And slew mighty kings, for His kindness is forever.
19. Sichon, king of the Amorites, for His kindness is forever.
20. And Og, king of Bashan, for His kindness is forever.
21. And gave their land as a heritage, for His kindness is forever.
22. A heritage to Israel His servant, for His kindness is forever.
23. Who remembered us in our humiliation, for His kindness is forever.
24. And redeemed us from our oppressors, for His kindness is forever.
25. Who gives food to all flesh, for His kindness is forever.
26. Praise the God of heaven, for His kindness is forever.
Chapter 137
Referring to the time of the destruction of the Temple, this psalm tells of when Nebuchadnezzar would ask the Levites to sing in captivity as they had in the Temple, to which they would reply, "How can we sing the song of God upon alien soil?" They were then comforted by Divine inspiration.
1. By the rivers of Babylon, there we sat and wept as we remembered Zion.
2. There, upon the willows, we hung our harps.
3. For there our captors demanded of us songs, and those who scorned us-rejoicing, [saying,] "Sing to us of the songs of Zion.”
4. How can we sing the song of the Lord on alien soil?
5. If I forget you, Jerusalem, let my right hand forget [its dexterity].
6. Let my tongue cleave to my palate if I will not remember you, if I will not bring to mind Jerusalem during my greatest joy!
7. Remember, O Lord, against the Edomites the day of [the destruction of] Jerusalem, when they said, "Raze it, raze it to its very foundation!”
8. O Babylon, who is destined to be laid waste, happy is he who will repay you in retribution for what you have inflicted on us.
9. Happy is he who will seize and crush your infants against the rock!
Chapter 138
David offers awesome praises to God for His kindness to him, and for fulfilling His promise to grant him kingship.
1. By David. I will thank You with all my heart, in the presence of princes I shall praise You.
2. I will bow toward Your Holy Sanctuary, and praise Your Name for Your kindness and for Your truth; for You have exalted Your word above all Your Names.
3. On the day that I called out You answered me, You emboldened me, [You put] strength in my soul.
4. Lord, all the kings of the land will give thanks to You when they hear the words of Your mouth.
5. And they will sing of the Lord's ways, for the glory of the Lord is great.
6. For though the Lord is exalted, He sees the lowly; the High One castigates from afar.
7. If I walk in the midst of distress, keep me alive; against the wrath of my enemies stretch out Your hand, and let Your right hand deliver me.
8. Lord, complete [Your kindness] on my behalf. Lord, Your kindness is forever, do not forsake the work of Your hands.
Chapter 139
A most prominent psalm that guides man in the ways of God as no other in all of the five books of Tehillim. Fortunate is he who recites it daily.
1. For the Conductor, by David, a psalm. O Lord, You have probed me, and You know.
2. You know my sitting down and my standing up; You perceive my thought from afar.
3. You encircle my going about and my lying down; You are familiar with all my paths.
4. For there was not yet a word on my tongue-and behold, Lord, You knew it all.
5. You have besieged me front and back, You have laid Your hand upon me.
6. Knowledge [to escape You] is beyond me; it is exalted, I cannot know it.
7. Where can I go [to escape] Your spirit? And where can I flee from Your presence?
8. If I ascend to the heavens, You are there; if I make my bed in the grave, behold, You are there.
9. Were I to take up wings as the dawn and dwell in the furthest part of the sea,
10. there, too, Your hand would guide me; Your right hand would hold me.
11. Were I to say, "Surely the darkness will shadow me," then the night would be as light around me.
12. Even the darkness obscures nothing from You; and the night shines like the day-the darkness is as light.
13. For You created my mind; You covered me in my mother's womb.
14. I will thank You, for I was formed in an awesome and wondrous way; unfathomable are Your works, though my soul perceives much.
15. My essence was not hidden from You even while I was born in concealment, formed in the depths of the earth.
16. Your eyes beheld my raw form; all [happenings] are inscribed in Your book, even those to be formed in future days-to Him they are the same.
17. How precious are Your thoughts to me, O God! How overwhelming, [even] their beginnings!
18. Were I to count them, they would outnumber the sand, even if I were to remain awake and always with You.
19. O that You would slay the wicked, O God, and men of blood [to whom I say], "Depart from me!”
20. They exalt You for wicked schemes, Your enemies raise [You] for falsehood.
21. Indeed, I hate those who hate You, Lord; I contend with those who rise up against You.
22. I hate them with the utmost hatred; I regard them as my own enemies.
23. Search me, Lord, and know my heart; test me and know my thoughts.
24. See if there is a vexing way in me, then lead me in the way of the world.
Tanya: Igeret HaTeshuva , beginning of Chapter 11• Lessons in Tanya
• Wednesday,Tammuz 28, 5775 · July 15, 2015
Today's Tanya Lesson
Igeret HaTeshuva , beginning of Chapter 11
The Alter Rebbe stated in the previous chapter that since prayer is an expression ofteshuvah ila'ah, the higher level of return, it must be preceded by the humility and contrition ofteshuvah tata'ah, the lower level of return. This is attained by spiritual stocktaking and by arousing Divine compassion upon one's soul, in keeping with the Mishnaic dictum that “one should embark on worship only in an earnest frame of mind,” which is explained by Rashi to mean “humility”.
At the same time, the Alter Rebbe continued, we are also taught that “one should embark on worship only with joy.” Since nowadays most people are incapable of instantly turning their hearts from one extreme to the other, the Alter Rebbe advised that the time for the humbled heart of teshuvah tata'ah be advanced to the Tikkun Chatzot of the precedingmidnight, so that when the time for prayer arrives the worshiper will be in a state of joy.
In the present chapter the Alter Rebbe goes on to say that difficulties notwithstanding, it is possible for the heart to simultaneously harbor two opposite emotions — the anguished soul ofteshuvah tata'ah and the joy that immediately precedes and accompanies prayer.
ואמנם להיות בלבו ההכנעה, היא בחינת תשובה תתאה הנ"ל וגם השמחה בה' שתיהן ביחד
This subject, simultaneously harboring contrite humility in the heart — the state of teshuvah tata'ah, as explained — and the above — mentioned [contrary emotion of] joy in G‑d, that is also necessary for the service of prayer,
כבר מילתא אמורה בלקוטי אמרים, סוף פרק ל"ד
has already been discussed in Likutei Amarim, at the end of chapter 34.
The Alter Rebbe explained there that these two emotions are not mutually exclusive, since one's contriteness is occasioned by his body and animal soul, while his joy stems from his Divine soul and the G‑dly spark that it houses. Having two distinct causes, the two emotions can lodge together.
The Alter Rebbe now goes on to quote the Zohar to this effect:
כמו שכתוב בזוהר הקדוש: חדוה תקיעא בלבאי מסטרא דא וכו'
This is as stated in the Zohar:1 “Weeping is lodged in one side of my heart [and joy is lodged in the other side of my heart].”
This statement was made by R. Elazar ben R. Shimon. Hearing from his father Kabbalistic insights into the Destruction of the Holy Temple, he was at one and the same time heartbroken from his renewed recognition of the enormity of the Destruction — and joyful to be inducted into the mysteries of the Torah. We thus see from the Zohar that two opposite emotions can coexist when they result from two different causes.
ובצירוף עוד האמונה והבטחון, להיות נכון לבו בטוח בה' כי חפץ חסד הוא
Joined to this is faith and confidence, the heart being firm and certain in G‑d — that2 “He delights in kindness,”
וחנון ורחום ורב לסלוח, תיכף ומיד שמבקש מחילה וסליחה מאתו יתברך
and is3 “gracious and merciful” and abundantly forgiving the instant one entreats Him for forgiveness and atonement.
(כרוב רחמיך מחה פשעי
כבסני, טהרני
or:6 “Cleanse me, purify me”;
וכל עוונותי מחה וכו')
or:7 “Erase all my sins……”)
בלי שום ספק וספק ספיקא בעולם
[The worshiper offers supplications such as the above] without the faintest vestige of doubt.
וכמו שאנו מברכין בכל תפלת שמונה עשרה: תיכף שמבקשים סלח לנו כו', ברוך אתה ה' חנון המרבה לסלוח
For this reason, in every Shemoneh Esreh, the moment we plead, “Pardon us ……,” [we conclude,] “Blessed are You, O G‑d, gracious One Who pardons abundantly.”
והרי ספק ברכות להקל, משום חשש ברכה לבטלה
Now we are forbidden to recite a blessing of doubtful obligation, for fear that it be pronounced in vain.8
Thus, were there even the slightest doubt as to whether G‑d forgives the sinner, we would never have been commanded to recite the above blessing.
אלא אין כאן שום ספק כלל
But there is no doubt here whatsoever,
מאחר שבקשנו: סלח לנו, מחל לנו
for we have asked, “Pardon us, forgive us.”
ואילו לא היינו חוזרים וחוטאים, היינו נגאלין מיד
Furthermore, were we not to repeat our transgressions we would be immediately redeemed,
כמו שאנו מברכין: ברוך אתה ה' גואל ישראל
in accordance with the blessing we recite immediately afterwards, “Blessed are You, O G‑d, Who redeems Israel.”
As the order of the blessings indicates, forgiveness leads to redemption — if not for our relapses.
והרי אפילו במדת בשר ודם כן, שצריך האדם למחול תיכף ומיד שמבקשים ממנו מחילה
Even by human standards [this certainty of pardon is legitimate, for] one must forgive as soon as he is asked for pardon.
ולא יהא אכזרי מלמחול
He must not cruelly withhold his forgiveness
ואפילו בקוטע יד חבירו
even if one were to cut off his hand,
כדאיתא בגמרא, בסוף פרק ח' דבבא קמא
as we find in the Gemara, at the end of chapter 8 of Bava Kama.9
ואם ביקש ממנו ג פעמים ולא מחל לו, שוב אינו צריך לבקש ממנו
So, too, if one has asked his fellow for forgiveness three times and has been rebuffed, he need not apologize further.
והגבעונים, שביקש דוד המלך עליו השלום מהם מחילה בעד שאול, שהמית את הגבעונים, ולא רצו למחול
When King David asked the Gibeonites10 to forgive King Saul who had killed their people and they refused to do so,
גזר דוד עליהם שלא יבאו בקהל ה', שהם רחמנים וכו'
David decreed that they should not enter the congregation of G‑d, i.e., they would never be allowed to convert and thereby join the Jewish people, who are merciful ……,
כדאיתא בפרק ח' דיבמות
as we have learned in Yevamot, end of chapter 8. 11
ובמדת הקב"ה על אחת כמה וכמה לאין קץ
As a Divine trait, how much more certain is it — nay, infinitely more certain — [that forgiveness is swift].
Now if mere mortals are also expected to forgive instantly, what kind of praise is it that we offer the Infinite One in Shemoneh Esreh (the Amidah) by ascribing a like attribute to Him? This is the question that the Alter Rebbe now anticipates:
| FOOTNOTES | |
| 1. | III, 75a. |
| 2. | Micah 7:18. |
| 3. | Tehillim 145:8. |
| 4. | Parentheses are in the original text. |
| 5. | Tehillim 51:3 |
| 6. | Cf. loc. cit., v. 4. |
| 7. | Loc. cit., v. 11. |
| 8. | Berachot 33a. |
| 9. | 92a. |
| 10. | II Shmuel 21. |
| 11. | 78b ff. |
• Sefer Hamitzvos:Wednesday, Tammuz 28, 5775 · July 15, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 99
Ritual Impurity of a Menstruating Woman
We are commanded regarding the ritual impurity associated with menstruation. [I.e., when contracted, one must follow all the laws associated with this impurity.]
Ritual Impurity of a Menstruating Woman
Positive Commandment 99
Translated by Berel Bell
The 99th mitzvah is that we are commanded regarding the tumah of niddah. This mitzvah includes tumas niddah and all of its laws.1
FOOTNOTES
1.See Hilchos M'tamei Mishkav U'Moshav.
Ishut - Chapter Seven
Halacha 1
[The following rules apply when a man] tells a woman: "Behold, you are consecrated to me on condition that my father will consent." If his father consents, she is consecrated.1 If he does not consent, if he remained silent, or if he died before he heard of the matter, she is not consecrated.2
[If the man tells her: "Behold, you are consecrated to me] on condition that my father does not object." If he hears and objects, she is not consecrated. If he does not object or he dies, she is consecrated. If the son dies, and the father hears afterwards, we instruct the father to say: "I do not consent," so thekiddushin will not be effective, and the woman will not be obligated to undergo the rites of yibbum.3
Halacha 2
[The following rules apply when a man] tells a woman: "Behold, you are consecrated to me with this [item] on condition that I possess 200 zuz or land on which it is fit to grow a kor of grain."4 If there are witnesses who say that he possesses these entities, the kiddushin are binding. If there are no witnesses, [the kiddushin are not nullified entirely; instead,] their status is doubtful. Perhaps he possesses these entities and says he does not own them in order to cause the woman difficulties.5
Halacha 3
[The following rules apply when he tells her:] "Behold, you are consecrated to me with this [item] on condition that I possess 200 zuz or land on which it is fit to grow a kor of grain in a particular place." If he possesses these entities in that place, the kiddushin are binding. If he does not possess these entities in the place he specified, [the kiddushin are not nullified entirely; instead,] their status is doubtful. Perhaps he possesses these entities in that place [and says he does not own them] in order to cause the woman difficulties.6
Halacha 4
[The following rules apply when he tells her:] "Behold, you are consecrated to me with this [item] on condition that I show you 200 zuz or land on which it is fit to grow a kor of grain." When he shows her these entities, she is consecrated. If he shows her money that is possessed by someone else or land on which it is fit to grow a kor of grain in a field belonging to someone else, she is not consecrated; he [must] show her what belongs to him.
If he borrowed the money, rented a field or took it on a sharecropping arrangement and showed it to her, she is not consecrated; he [must] show her what belongs to him. For when he says "I will show you," that implies that "I will show you the entity I mentioned that belongs to me and is in my possession."
Halacha 5
[The following rules apply when] the man owns land on which it is fit to grow akor of grain, but it contains clefts ten handbreadths deep or rocks ten handbreadths high. If the clefts are filled with water, they are considered to be rocks and are not included in the total measure, because they are not fit to be sown.7 If they are not filled with water, they are included in the total measure, because they are fit to be sown.
Halacha 6
[The following rules apply when a man] tells a woman: "Behold, you are consecrated to me with this [item] on condition that you are not bound by vows." The kiddushin are not binding if she is bound by any of the following three vows: that she may not eat meat, that she may not drink wine, or that she may not wear colored ornaments.8 If she is bound by any vow other than these, she is consecrated, even when [the husband] states: "I object even with regard to these."
If he told her, "[Behold, you are consecrated...] on condition that you are not bound by any vow," even if she has made a vow [as insignificant as] not to eat carobs, she is not consecrated.
Halacha 7
[The following rules apply when a man tells a woman:] "Behold, you are consecrated to me with this [item] on condition that you do not have any physical blemishes." If she has one of the physical blemishes that cause a woman to be deemed unfit [as a wife], she is not consecrated. If she has a physical blemish other than these, she is consecrated, even though he states, "I object even with regard to these."
What are the physical blemishes that cause a woman to be deemed unfit [as a wife]: All the physical blemishes that cause a priest to be deemed unfit [for service in the Temple] cause a woman to be deemed unfit. In Hilchot Bi'at HaMikdash, all the blemishes affecting the priests are explained.9 In addition, [there are other blemishes that cause] women [to be deemed unfit]. They include: foul body odor, [excessive] sweating, foul breath, deep voice, breasts of abnormal size, being more than a handbreadth larger than those of other women,10 a distance of more than a handbreadth between one breast and the other, a scar in the place where she was bit by a dog, and a birthmark on her forehead.
This includes even a birthmark that is very small, even if it is close to her hairline, and even if there are no hairs growing from it. This is the birthmark that is mentioned as a disqualifying factor for a woman and not for a priest. If, however, a birthmark has facial hair growing from it, or if it is as large as anisar11 even when no hair grows from it, it is a disqualifying blemish, both for priests and for women.
Halacha 8
When a man consecrates a woman without making any specific stipulations, and it is discovered that she has one of the physical blemishes that cause a woman to be deemed unfit, or [it is discovered that] she is bound by one of the three vows mentioned above, the status of the kiddushin is in doubt.12
If [a man] consecrates [a woman] on condition that she is not bound by vows, and she was bound by vows, but [afterwards,] she went to a wise man who nullified them for her,13 she is consecrated.
Halacha 9
If [a man] consecrates [a woman] on condition that she does not have physical blemishes, and she does have blemishes, she is not consecrated, even if [afterwards,] she goes to a physician who heals these blemishes.14
When, by contrast, a man enters into a marriage contract on condition that he is not bound by any vows, and that he does not have any physical blemishes, although he is indeed bound by vows and has physical blemishes, if he goes to a wise man who nullifies the vows, and if he goes to a physician who heals the blemishes, the marriage is valid. [The rationale is that] there is no shame for a man to have had physical blemishes once they have been healed. A woman will not object because of such a thing.15
Halacha 10
[The following rules apply when a man tells a woman:] "Behold, you are consecrated to me with this [item] on condition that I give you 200 zuz within 30 days." If he gives her [the money] within 30 days, she is consecrated. If 30 days pass without him giving it to her, she is not consecrated.
[If a man tells a woman,] "Behold, you are consecrated to me with these zuzafter 30 days," she is consecrated after 30 days, even though she used the money within the 30 days. If either he or she change their minds [and decide to nullify the marriage] within these 30 days, she is not consecrated.
Halacha 11
If another man comes and consecrates her within these 30 days, she is consecrated to the second man forever. [The rationale is] that at the time the second man consecrated her, she was not consecrated. Therefore, the second man's kiddushin are binding and make her a married woman. Thus, after the 30 days pass and the first man's kiddushin are fit to take effect, she is already a married woman. It is thus as if the first man consecrated a married woman, in which case the kiddushin are not binding.16
Halacha 12
[The following rules apply when a man] tells a woman: "Behold, you are consecrated to me with this dinar from this time onward, and after 30 days," and another person consecrates her within the 30 days. [There is doubt regarding the matter,17 and] both [men] are considered as having establishedkiddushin that may possibly be binding. Therefore, both are required to divorce her.18 The divorce may be given within the [original] 30 days19 or afterwards.
[Should one man tell a woman,] "Behold, you are consecrated to me from this time onward, and after 30 days"; and another man comes and tells her, "Behold, you are consecrated to me from this time onward, and after 20 days," and another man comes and tells her, "Behold, you are consecrated to me from this time onward, and after 10 days," [there is doubt regarding the matter, and] all [the men] are considered as having established kiddushin [that may possibly] be binding, and every one must divorce her. [Indeed, these rules apply] even when a hundred men consecrate her in this manner.
Halacha 13
When [a man] tells a woman, "Behold, you are consecrated to me [and thesekiddushin apply to everyone] with the exception of so and so" - i.e., that she should not be forbidden to have relations with him - with regard to everyone else she should be considered a married woman, but with regard to him she should be considered to be single - there is doubt regarding the status of thekiddushin.20
If, however, he tells her, "Behold, you are consecrated to me on condition that you are permitted to so and so," she is consecrated, and she is forbidden to that person as she is forbidden to all others. [The rationale is that] he has made a condition that is impossible to fulfill.21
Halacha 14
When [a man] gives two p'rutot to a woman and tells her: "Behold, you are consecrated to me with one today, and with the other after I divorce you," she is consecrated. When he divorces her, she becomes consecrated to him again22until he divorces her a second time, because of the kiddushin established by the second p'rutah.
If, however, [a man] tells a woman: "Behold, you are consecrated to me with this [item] after I convert," "...after you convert," "...after I become freed [from servitude],"23 "...after you become freed [from servitude]," "...after your husband dies," or "...after your sister dies,"24 she is not consecrated. [The rationale is] that he cannot consecrate her now.25
Halacha 15
Halacha 16
When a man tells a friend, "If your wife gives birth to a girl, [the girl] is consecrated to me with this [item]," his statements are of no consequence.28 If the friend's wife is pregnant, and the existence of a fetus has been recognized, [the girl] is consecrated.29 [Nevertheless,] it appears to me that [the man] must consecrate [his bride] again via her father after she is born, so that she will enter a marriage bond about which there are no questions.
Halacha 17
When [a man] tells a woman: "Behold, you are consecrated to me with 100dinarim," and gives her at least one dinar, she is consecrated, provided he gives her the entire sum. It is as if he told her, "Behold, you are consecrated to me with this dinar on condition that I give you 100 dinarim." [In such an instance,] the kiddushin take effect from [the time he gave her the first dinar].
When does the above apply? When he told her "with 100 dinarim" without specifying [any particular dinarim]. If, however, he is more explicit and tells her, "Behold, you are consecrated to me with these 100 dinarim," and begins counting them out into her hand, she is not consecrated until he gives her [all 100].30 Either of them may retract their consent until the very last dinar is given.
Similarly, if one of the dinarim was found lacking the standard weight, or one was a dinar of brass, she is not consecrated.31 [The following rules apply when] one of the dinarim was inferior: If it would be accepted with difficulty, [thekiddushin are valid, provided]32 he exchanges it. If it would not [be accepted], the kiddushin are of no consequence.
Halacha 18
[The following rules apply when a man] tells [a woman]: "Behold, you are consecrated to me with these clothes that are worth 50 dinarim." When they are silk or of similar fabrics that a woman would desire,33 and they are worth 50 [dinarim], the woman is consecrated from the time she took them onward. There is no need that they be evaluated in the market, and only afterwards, when the woman is assured [of their value], will she be consecrated. Instead, since they are worth the amount he states, she is consecrated from the time of the initial [exchange]. If they are not worth [that amount], she is not consecrated.
Halacha 19
A man and a woman were discussing the subject of their consecration, he saying: "I will consecrate you with 100 dinarim," and she saying: "I will not be consecrated for less than 200 [dinarim]." [Since they did not agree,] they both went home.
[The following rules apply when] afterwards, [either the man or the woman requested the other [to reconsider], and the man consecrated her without specifying a sum. If the man made the request of the woman, the sum [originally] quoted by the woman is accepted. If the woman made the request of the man, the sum [originally] quoted by the man is accepted.
Halacha 20
When a man appoints an agent to consecrate a woman, and the agent consecrates her on the basis of a conditional agreement, the kiddushin are not valid.34 Similarly, if [the principal] instructed the agent to consecrate the woman on the basis of a conditional agreement, and he consecrated her without making any stipulation whatsoever, or made another stipulation or changed the stipulation stated by the principal, the kiddushin are not valid.
Halacha 21
When [the principal] tells the agent: "Consecrate her in this and this place," and the agent consecrated her in another place, the kiddushin are not valid.35 [If the principal tells the agent:] "Consecrate her for me. She is in this and this place," and the agent goes and consecrates her in another place, she is consecrated; he is merely suggesting to him the place [where she might be found].
Similarly, if [the woman] tells her agent, "Receive kiddushin for me in this and this place," and the agent received them for her in another place, the kiddushinare not valid. [If she told her agent: "Receive kiddushin for me. My prospective] husband is in this and this place," and [the agent] receives the kiddushin in another place, she is consecrated; she is merely suggesting to him the place [where he might be found].
Halacha 22
Halacha 23
When [a man] consecrates [a woman] and attaches a condition [to thekiddushin], and after several days changes his mind and nullifies the condition, the condition is of no consequence and it is as if the woman had been consecrated without any condition ever having been made. [This law applies] even when he nullifies the condition in the presence of his intended bride alone, without this being observed by witnesses. Similarly, if the woman was the one who attached a condition to the kiddushin, and afterwards nullified it in the presence of her prospective husband alone, the condition is of no consequence.38
Therefore, if [a man] consecrated [a woman] and attached a condition [to thekiddushin], and afterwards, brought her [to the chuppah] without mentioning the condition, or engaged in sexual relations with her without mentioning the condition, she must receive a divorce [before she marries another man]39 even though the condition was never fulfilled. [The rationale is that] perhaps [the man] nullified the condition when he brought her [to the chuppah] or when he engaged in sexual relations with her.
Similarly, when [a man] consecrates a woman with [an article] worth less than ap'rutah or with a loan, and then engages in sexual relations [with this woman] in the presence of witnesses, without making a statement of intent, the woman must receive a divorce [before she marries another man]. [The rationale is that] perhaps [the man intended to consecrate her through these relations] and relied on them, rather than on the kiddushin that are inadequate.
[The principle on which these rulings depend is:] It is an accepted presumption that no virtuous Jewish man will enter into sexual relations that are wanton when he has the potential to engage in these relations in a way that is a mitzvah.40
| FOOTNOTES | |
| 1. |
It appears that, according to the Rambam, what is significant is the father's consent (or his objection) the first time he hears of the matter. The Ra'avad and others do not share this view and maintain that the father has the option of consenting (or objecting) at all times. The Shulchan Aruch (Even HaEzer 38:8) quotes the Rambam's wording.
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| 2. |
There are two opinions in Kiddushin 63a, the source for this halachah, regarding the meaning of "consent": a) to say "yes," b) not to object. The Rambam takes the first view, while the Ra'avad and other authorities favor the second. Both views are mentioned in the Shulchan Aruch (Even HaEzer 38:9). Significantly, in his Commentary on the Mishnah, the Rambam mentions the second view.
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| 3. |
Since the kiddushin are not effective, the woman will not be under any obligation to marry the brother of her intended husband. Were the father to indeed consent, she would be under obligation either to marry the deceased's brother, or have the obligation removed through chalitzah.
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| 4. |
In his Commentary on the Mishnah (Kiddushin 3:2-3), the Rambam writes that it is necessary to mention both land and money, because it is difficult to hide the ownership of land. Were land to be mentioned in the stipulation, one might think that if it were not known that the person did not own land, we would assume that the kiddushin would be void.
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| 5. |
I.e., his desire is that she marry another man. He will then show how her original kiddushin were valid, causing her to be considered an adulteress and to be forbidden to her second husband.
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| 6. |
Rav Moshe HaCohen and others object to the Rambam's ruling, explaining that in such an instance, it is highly unlikely for a man to possess a field in a particular place without people's knowing about it. Hence, if there are no witnesses, the kiddushin are not valid at all; there is no doubt about the matter. The Radbaz (Volume III, Responsum 39) justifies the Rambam's decision, explaining that it is possible that the person temporarily gave the land as a present, or had a deed written in the name of another person to conceal the matter. The Shulchan Aruch (Even HaEzer38:20) quotes the Rambam's decision.
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| 7. |
The Maggid Mishneh and the Shulchan Aruch (Even HaEzer 38:22) differentiate between a cleft filled with water that is not fit to use for irrigation, and a cistern of water that is. The latter is included in the measure of the field, even when it is filled with water, because it enhances the value of the field.
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| 8. |
The same law applies regarding a vow not to wear any other jewelry, clothing or cosmetics that women will frequently wear to adorn themselves. (See Chapter 25, Halachah 1.)
Ketubot 72b describes these vows as involving ענוי נפש, "the oppression of the soul" (cf. Numbers 30:14). Simply put, a woman who must live under such restrictions will not be happy, and it will therefore not be pleasant for her husband to live with her.
In the Beit Yosef and the Shulchan Aruch (Even HaEzer 39:1), Rav Yosef Karo mentions that the vows that nullify a relationship have a larger scope than those involving ענוי נפש; it also includes those בינו לבינה, affecting the relationship between the husband and wife (cf. Numbers 30:17). (For a more detailed explanation of these types of vows, see Hilchot Nedarim, Chapter 12, andShulchan Aruch, Yoreh De'ah, Chapter 234.)
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| 9. |
Leviticus, Chapter 21, states that a priest who possesses certain physical blemishes may not serve in the Temple. In Hilchot Bi'at HaMikdash, Chapters 6-8, these blemishes are listed.
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| 10. |
Our translation is based on the Rambam's Commentary on the Mishnah (Ketubot 7:5).
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| 11. |
An Italian coin equivalent in weight to four barley corns, with a diameter of 2.7 cm (Rambam's Commentary on the Mishnah, Kiddushin 1:1).
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| 12. |
She cannot marry another man until she receives a divorce, nor may she consummate this marriage unless the husband consecrates her again, stating that he has no objections to her condition.
This ruling is given because we are unsure whether these vows or physical blemishes are disturbing enough to cause a person who did not express concern about the matter to consider himself as having been deceived about the nature of his marriage partner.
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| 13. |
A wise man has the authority to release people from vows they have taken if they regret having taken them. (See Hilchot Nedarim, Chapter 4.)
The kiddushin are binding only when the wise man nullifies the vows before the woman's intended husband discovers their existence. Once he discovers that she is bound by vows, the kiddushinare nullified even when she has the vows nullified afterwards (Shulchan Aruch, Even HaEzer39:2).
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| 14. |
The wording used by the man is significant. If he states: "Behold, you are consecrated on condition that you will not have blemishes," the kiddushin are binding if a physician is able to heal her (Shulchan Aruch, Even HaEzer 39:7).
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| 15. |
The Rambam appears to be sharing the interpretation of Tosafot, Ketubot 74b, that the reason thekiddushin are nullified if a woman has blemishes that a physician heals is that even after she is healed, the husband will still be repelled by the fact that at one time she possessed physical blemishes.
Rashi, by contrast, explains the difference between a wise man's nullification and a physician's healing as follows: The wise man nullifies the vow at its source, causing it to be considered as never having been taken. Thus, retroactively it is as if the woman had not been bound by a vow at the time of the kiddushin. A physician, by contrast, can heal a blemish only within the existence of a continuum of time. Thus, at the time of the kiddushin, the woman had physical blemishes. Therefore, the kiddushin are not binding.
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| 16. |
From the Rambam's wording, it would appear that if her second husband died or divorced her within the thirty days, the first man's kiddushin are binding. The Rashba (in his gloss on Kiddushin59b) does not accept this premise and states that the woman's acceptance of the secondkiddushin clearly shows a change in her mind with regard to the first kiddushin. For this reason, they are nullified and can never be binding again (Maggid Mishneh). (See Ramah and Tur, Even HaEzer 40:2.)
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| 17. |
Rashi, Kiddushin 59b, explains that the doubt is whether his statement is a conditional statement, and thus, after 30 days pass the original kiddushin will retroactively take effect, thus nullifying thekiddushin given her by the second man. Or perhaps by saying "after 30 days," the first man withdrew his initial statement, and his intent was that his kiddushin would not be effective until after 30 days. If this were so, the second man's kiddushin would be binding.
Significantly, if a person made a similar statement with regard to a sale, the Rambam rules (Hilchot Mechirah 2:9) that this is a conditional statement. Thus, it appears that his ruling here is a stringency, accepted because of the severity of the laws of marriage and divorce.
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| 18. |
The Tur (Even HaEzer 40) states that this is necessary only when the woman wants to marry a third person. If she wants to marry either of the individuals who consecrated her, she may do so, provided the other divorces her. Although the Shulchan Aruch does not quote this ruling, many later authorities do.
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| 19. |
Although the kiddushin given by the first man do not take effect fully until after 30 days, it is possible for him to divorce her before that date. For when the kiddushin take effect, she will be consecrated retroactively from the time of the original kiddushin, and then these kiddushin will be nullified by the divorce.
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| 20. |
The doubt centers on whether it is possible to establish a bond of kiddushin that is incomplete. This is an unresolved issue. The latter clause states that if a person desires to establish a bond ofkiddushin, but with a proviso, this is definitely unacceptable. As mentioned by the Beit Shmuel38:68, there are authorities who maintain that the kiddushin are not binding at all.
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| 21. |
For the very nature of the marriage bond forbids relations with another man.
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| 22. |
In the Kessef Mishneh and in the Shulchan Aruch (Even HaEzer 40:7), Rav Yosef Karo rules that the status of these kiddushin is doubtful: the woman cannot marry another person until she is divorced, but she must be consecrated again before the marriage can be consummated.
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| 23. |
This refers to a Canaanite servant, who cannot marry a Jewish woman. Similarly, a male Jew cannot marry a female Canaanite servant.
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| 24. |
I.e., the man proposing is married to the woman's sister. While his wife (her sister) is alive, he may not marry the woman. Afterwards, he may.
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| 25. |
Kiddushin 62a explains that at the time the kiddushin were given, the possibility of marriage is "something that has not come into the world," for it is impossible for them to take effect. Therefore, even when the situation changes afterwards, they are not effective retroactively.
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| 26. |
I.e., when a woman's husband dies childless, she is obligated to marry his brother (referred to as a yavam) through the rite of yibbum, or be freed of her obligation to him through the rite ofchalitzah. The Rambam is describing a situation in which another man gives her kiddushin with the expectation that chalitzah will be performed.
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| 27. |
See Chapter 4, Halachah 14. Since the kiddushin a person gave her now would have some effect,kiddushin given with a conditional statement are binding totally.
The Shulchan Aruch (Even HaEzer 40:6) rules that even when a conditional statement is made, the status of the kiddushin is in doubt. There are some manuscripts of the Mishneh Torah that indicate that the Rambam also shared that view.
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| 28. |
For the object of the kiddushin does not yet exist.
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| 29. |
The Ra'avad, the Maggid Mishneh and the Kessef Mishneh interpret the Rambam as stating that the kiddushin given for the fetus are definitely binding. In his Commentary on the Mishnah (Kiddushin 3:5), however, the Rambam explicitly states that this is a Rabbinic stringency, enforced because of the severity of the laws of marriage.
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| 30. |
Since he began counting them out for her, she is under the impression that she will receive the entire sum, and will not accept less (Kiddushin 8a).
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| 31. |
For she accepted the kiddushin under the impression that all 100 dinarim were of full value. Nor can he give her a different dinar, because he specified that the kiddushin would be with the coins he was giving her. Even if neither the man nor the woman retracts, the kiddushin are not binding (Maggid Mishneh). (See Ramah, Even HaEzer 29:7.)
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| 32. |
The Ra'avad objects to this ruling, explaining that even though the man is obligated to exchange the dinar, the kiddushin are binding whether or not he does so. The Shulchan Aruch (Even HaEzer 29:7) quotes the Ra'avad's ruling.
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| 33. |
The Rambam's wording appears to indicate that the reason no evaluation is necessary is that women usually desire silk, and because of this desire waive the need for evaluation. Implied is that other items that are not that desirable must be evaluated before the kiddushin are binding. TheShulchan Aruch (Even HaEzer 31:1) does not follow this approach. (See Beit Shmuel 31:1.)
Tosafot, Kiddushin 7b, offer a different rationale for the mention of silk: Most people can make at least a rough evaluation of the value of silk. When, however, an object cannot be evaluated easily - e.g., a precious stone - a woman is not consecrated, because she is unsure of the value of the gem until she receives an expert's appraisal. This is one of the sources for the custom of consecrating a woman with a wedding ring that does not contain a stone.
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| 34. |
For by entering into a conditional agreement when he was not instructed to do so by the principal, the agent deviated from the instructions he was given. As such he is acting on his own initiative, and not as the agent of the principal.
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| 35. |
Here also, the reason is that the agent deviated from the instructions he was given.
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| 36. |
Here the intent is a specific measure of time, the amount of time it takes to say: Shalom alecha, rabbi umori.
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| 37. |
Nedarim 87a states that with the exception of idol worship, marriage and divorce, a retraction made within the abovementioned span of time is reckoned with. Why are these three instances different? In general, a person is not precise with regard to what he says and may make statements, relying on the possibility of retracting them later. In these three instances, however, the severity of the matter is obvious, and a person would not make such statements unless he made them with full presence of mind (Rabbenu Nissim). (See also the Rambam's Commentary on the Mishnah, Temurah 5:3, which mentions several other instances in which a person's retraction is of no consequence.)
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| 38. |
The Ra'avad objects to the Rambam's ruling, maintaining that the nullification of the condition must also be made in the presence of witnesses. (He does, however, accept the Rambam's decision that if a man brings the woman to the chuppah, without a condition, in the presence of witnesses, the condition is considered to be nullified. For his act is considered equivalent to nullifying the condition.)
The Rashba accepts the Rambam's ruling with regard to conditions involving money - e.g., "Behold, you are consecrated on condition that you give me 200 zuz." For a person may waive a debt owed him, and consider it as received. With regard to other conditions - e.g., "Behold, you are consecrated on condition that you are not bound by vows" - he does not accept the Rambam's position. The Shulchan Aruch (Even HaEzer 38:35) quotes the Rambam's ruling.
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| 39. |
I.e., the status of the kiddushin originally given is doubtful. If the couple want to continue living together, they must establish kiddushin that are unquestionably binding. And if a second man consecrates her, she must receive a divorce from both men before marrying a third (Ramah,Even HaEzer 38:35).
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| 40. |
In one of his responsa, the Rambam states that this principle cannot be extended without limit. When a man and a woman engage in sexual relations with a promiscuous intent, we do not say that he intends to consecrate her with these relations. The principle stated above is applied only when there is reason to presume that the man desired to establish a marriage relationship. (See also Hilchot Gerushin 10:19.)
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Metamme'ey Mishkav uMoshav - Chapter 1
HILCHOT METAMEI MISHKAV UMOSHAV
The Laws of the Persons Who Impart Impurity to the Places Where They Lie and Sit
Included in this text are four positive commandments. They comprise the following:
1) the laws of the impurity of a woman in her menstrual state;
2) the laws of the impurity of a woman who gave birth;
3) the laws of the impurity of a zavah;
4) the laws of the impurity of a zav.
These mitzvot are explained in the ensuing chapters.
Halacha 1
A zav, a zavah, a woman in the nidah state, and a woman after childbirth: all these four types of individuals are primary sources of impurity. They impart impurity to implements through touching them and impart impurity to other persons by touching them or carrying them. They impart impurity to the objects on which they lie, sit, or ride and cause them to also be considered as a primary source of impurity. And they impart impurity to the objects above them.
Halacha 2
Whether a woman is a minor zavah or a major zavah, whether her bleeding is natural or comes as a result of an outside cause, and whether a zavexperienced two zav emissions or three, her or his impurity is the same with regard to imparting impurity to others.
Halacha 3
An infant girl one day old can contract nidah impurity. At ten days old, she can contract zivah impurity. A female of three years old can impart impurity to a man with whom she engages in relations, as will be explained.
Halacha 4
A male minor can contract zav impurity at the age of one day. Converts, servants, and natural-born Jews are all the same with regard to contracting the impurity of nidah and zivah.
Halacha 5
A person who was castrated or one who is born sexually impotent may contract impurity because of a zav discharge like other men.
Halacha 6
A woman does not contract impurity because of a zav discharge, nor does a man contract impurity because of uterine bleeding. Instead, it is a woman who contracts impurity because of uterine bleeding, and a man, because of a zavdischarge.
Halacha 7
The stringencies applying to both males and females are applied to a tumtumand an androgynus. They contract impurity because of a zav discharge like a man and because of uterine bleeding like a female. Their impure status is a matter of question. Hence terumah or sacrificial food that that they touch is not burnt, nor are they held liable for entering the Temple or partaking of sacrificial food in a state of impurity. If a zav discharge and uterine bleeding is secreted from such a person at the same time, terumah or sacrificial food that that they touch is burnt. Nevertheless, they are not held liable for entering the Temple or partaking of sacrificial food in a state of impurity, as Numbers 5:3: "Male and female alike shall you send forth." Implied is that the impurity of a male must be definitive and the impurity of the female must be definitive.
Similarly, even if one touches a zav discharge and uterine bleeding from such a person simultaneously, he is not liable for entering the Temple in a state of impurity or for partaking of sacrificial foods in such a state. If a tumtum and anandrogynus himself touched both a zav discharge and uterine bleeding that secreted from him, he is liable for entering the Temple in a state of impurity.
Halacha 8
Even the slightest amount of the blood of nidah, the blood of zivah, or the blood of a woman who gave birth imparts impurity when touched or carried, as implied by Leviticus 15:33: "A woman who suffers because of her nidah state and one who experiences a flow...." According to the Oral Tradition, it was taught her secretion imparts impurity like she does.
We already explained with regard to the prohibition of a nidah, that there are five shades of impure bleeding experienced by a woman. If, however, she secretes a green blood-like discharge, it is pure. It does not resemble her saliva or other fluids that she discharges. The difference is that saliva collects and is discharged as drops, while this flows out and descends.
Halacha 9
When a woman gives birth to a child through Cesarean section and uterine blood was released from her body together with the child, that blood is a primary source of impurity like the blood of nidah, childbirth, or zivah. The rationale is that the uterus is a place of impurity for all blood that emerges from it. The woman is ritually pure unless the blood flows out through her vaginal channel.
Halacha 10
When the uterus of a woman is ripped away from its place and falls to the earth, the woman is impure until the evening. Similarly, if the uterus discharged two pearl-like drops of fluid, the woman is impure until the evening. She is, however, not a nidah unless she discharges one of the five types of blood that render her impure.
Halacha 11
If a woman discharged one drop of a white fluid, she remains pure, for that certainly comes from outside the uterus.
Halacha 12
The discharge of a zav is considered as a primary source of impurity like a zavhimself, as implied by Leviticus 15:2: "His discharge is impure." Even the slightest amount of it imparts impurity when touched or when carried.
The first discharge of a zav does not impart impurity when carried. It is considered like semen. This applies whether it was discharged by an adult man or a male child. Similarly, any bed or seat on which such a person sat between the first discharge and the second discharge is pure, for one is not categorized as a zav until he experiences two discharges, as we explained in Hilchot Mechusrei Kapparah. If he experiences one discharge that lasts as long as two, only one who moves the last drop contracts impurity.
Halacha 13
The first zav discharge of a person afflicted by tzara'at imparts impurity when touched or when carried, as implied by Numbers 5:2: "All those afflicted withtzara'at, every zav, and all those impure because of contact with a corpse." The verse establishes an association between a person afflicted with tzara'at andzav in the complete sense of the term. Just as the discharge of a zav in the complete sense of the term imparts impurity when carried, so too, even the first discharge of a person afflicted with tzara'at imparts impurity.
Halacha 14
The saliva, semen, and urine of a zav - all three of them are primary source of impurity according to Scriptural Law. Even the smallest amount of each of them imparts impurity when touched or carried. These concepts are derived as follows. With regard to the saliva of a zav, Leviticus 15:8 states: "When a zavwill spit upon a pure person,... he shall be impure until the evening." And it is impossible that the urine or the semen of a zav will not have some drops of hiszav discharge.
Halacha 15
The same laws that apply to a zav apply also to a nidah, a woman after childbirth, and a zavah. The saliva and the urine of each of them is a primary source of impurity like that of a zav. Similarly, whenever the term zav is used in these laws, the intent is either a zav or one of the other three.
Halacha 16
There are nine types of fluids produced by a zav. Three of them are primary sources of impurity: his saliva, his semen, and his urine. Even the slightest amount of them imparts ritual impurity to a person or an implement, as we explained.
Three of them are considered as a derivative of impurity: tears, blood from a wound, and a woman's milk. Each one of these is considered as an impure fluid that does not impart impurity to humans, but does impart to implements according to Rabbinic Law, as will be explained. And there are three which are pure: sweat, puss, and feces. The laws that apply to these three fluids from azav and the others like him are the same as when these fluids that are discharged by an ordinary person who is pure.
His phlegm, spittle, and mucus are considered like saliva in all contexts and they are included in the term saliva. When blood flows from the male organ or from the mouth, it is considered as the blood of a wound. If a person sucks a wound and spits out the blood, it imparts impurity like saliva does. For it is impossible that the blood that he sucks will not have drops of saliva.
Metamme'ey Mishkav uMoshav - Chapter 2
Halacha 1
Uterine bleeding of a nidah, a zavah, or a woman in childbirth, imparts impurity whether it is moist or dry. Nevertheless, the discharge of a zav, his saliva, and his semen impart impurity only when moist. If, however, they are overly dry, they do not impart impurity.
To what extent must these substances be dry not to impart impurity? If they would return to their natural state after being soaked in lukewarm water for 24 hours, they impart impurity as if they were moist. If they would not return to their natural state after this, they are considered as having been dried out, even if the water was lukewarm at the outset even though it was not lukewarm at the end of the 24 hour period. All of these matters are part of the received tradition.
Halacha 2
When flax was spun by a woman in the nidah state, one who moves it is pure. If it was moist, it imparts impurity because of the saliva from her mouth.
Halacha 3
When a zav places his mouth on a cup and then changes his mind and decides not to drink from it, one who moves the cup remains pure. If the zav drank even the slightest amount from it, a person who moves it is impure because of the liquid from the mouth of the zav.
Halacha 4
When a zav bites into a piece of bread or an onion, a person who moves them is considered pure. If he bites into a zucchini or a cucumber, one who moves them is impure, because of the liquid from the mouth of the zav which becomes mixed with them.
Halacha 5
When the shells of beans and vetch were cut off by a gentile, one who moves them is impure, because gentiles are considered like zavim in all contexts, as will be explained. The ruling concerning shells in the marketplace depends on the majority.
Halacha 6
When impure blood becomes mixed with water, the entire mixture is pure if there is no appearance of blood. If such blood becomes mixed with pure blood and/or with wine, we consider the wine and the blood as if they were water.
Similar laws apply if impure saliva becomes mixed with water. If the saliva remains a viscous entity as is its natural state, it is impure. If it is reduced to nothing in the water and it is no longer visible as a distinct entity, everything is pure. If it becomes mixed with other saliva, we consider the pure saliva as if it was water.
Similarly, when the urine of such an impure person becomes mixed with water, if it is no longer visible as a distinct entity, the entire mixture is pure. If not, it is impure. If it is mixed with wine or pure urine, we consider the wine or the pure urine as if it was water.
If the urine of a Jew becomes mixed with the urine of a gentile, the ruling is determined by the majority. What is implied? When there is a urinal into which both gentiles and Jews would urinate, if the majority of those who use the urinal are gentiles, all its contents are impure. If the majority are Jewish, all its contents are pure. If equal numbers use it, all its contents are impure. Similarly, if the urine of one gentile is mixed with the urine of one Jew, the ruling is determined by the majority.
Halacha 7
Urine can be borrowed from Jews in all situations. We do not suspect that it is from a nidah, for Jewish women were not suspect to save their urine when in the nidah state.
Halacha 8
When a urinal into which a zav or a zavah would urinate was washed once or twice, the fluid with which it was washed is deemed impure. After the third washing, whether it was washed with water or other urine, the fluid is pure, because it can be assumed that none of the impure urine remained.
Halacha 9
When at the conclusion of the seven spotless days she is required to count, azavah felt that she had already begun to urinate, but nevertheless contained herself, descended to a mikveh immersed herself, and only urinated after the immersion, the status of the urine is in doubt. It is unresolved whether we consider the urine as if it had emerged originally while she was a zavah or after it actually emerged when she is pure. Similarly, if a gentile woman who had already begun to urinate, but nevertheless contained herself, converted, immersed herself, and only urinated after the immersion, the status of the urine is in doubt. It is unresolved whether we consider the urine as if it had emerged originally and it is considered as the urine of a gentile woman or after it actually emerged, it is considered as the urine of pure Jewish women.
Halacha 10
Canaanite maidservants and servants contract impurity due to zivah, nidah, and childbirth, like Jews do. Gentiles, by contrast, do not contract impurity not through zivah, nidah, or childbirth according to Scriptural Law, as can be inferred from Leviticus 15:2 which states: "Speak to the children of Israel and tell them: 'A man should he experience a discharge.'" Implied is that the children of Israel contract impurity through zivah, but not the gentiles.
Our Sages, however, decreed that all gentiles impart impurity like zavim in all contexts, both males and females, provided the male is nine years old or more and the female is three years old or more. They did not decree that children under these ages contract impurity, for the primary reason for the decree is that a Jewish child will not be involved in sodomy with gentiles and there is no concept of sexual intimacy for children of younger ages.
When this decree was instituted, they did not decree against the semen of a gentile. Instead, the semen of a gentile is pure, as is its status according to Scriptural Law. Why was a decree not instituted to render it impure? To make it known that the gentiles' impurity is of Rabbinic origin. For everyone knows that if their status as zavim was Scriptural in origin, their semen would be impure like the semen of a zav. And since they know a gentile's impurity is of Rabbinic origin, they will not burn terumah and sacrificial food to which they imparted impurity.
Thus we can infer that all of the following: a gentile male's zav discharge, a gentile woman's nidah blood, her zivah blood, and the blood that comes at childbirth, a gentile man and a gentile woman, even though they are pure from any uterine bleeding and discharges, the saliva of gentiles, their urine, the couches on which they lie, the saddles on which they ride, and one who has relations with a gentile woman are all primary sources of impurity according to Rabbinic Law.
Therefore, one is not liable for entering the Temple or partaking of sacrificial food if one contracted impurity from one of these sources, nor is terumah burnt if it contracted impurity from such a source. All of them do, however, impart impurity to people and implements through physical contact and impart impurity to a person when carried as a zav does in all contexts. It is just that the impurity is of Rabbinic origin, as stated above.
Blood from a gentile woman's uterine bleeding is considered as her saliva and her urine and it imparts impurity when moist, but not when dry.
Metamme'ey Mishkav uMoshav - Chapter 3
Halacha 1
A person who has intimate relations with a nidah is impure like she is. He is one of the primary sources of impurity according to Scriptural Law. He imparts impurity to keilim by touching them and imparts impurity to people through carrying, touching, and moving, and he imparts impurity to the surface on which he lies or rides like a nidah does.
Halacha 2
The status of the impurity imparted by a man who was intimate with a nidah to a surface on which one lies or rides is not the same as that imparted by a nidahto a surface on which one lies or rides. For a surface on which one lies or rides that was stepped on by a nidah is a primary source of ritual impurity. In contrast, a surface on which one lies or rides that was stepped on by a man who was intimate with a nidah is a derivative of ritual impurity like keilim that he touched which do not impart impurity to other people or to other keilim, only to foods and liquids.
Why is the impurity that he imparts of a lesser status than the impurity that she imparts? Because with regard to a man who was intimate with a nidah, Leviticus 15:24 states: "Her nidah impurity will be imparted to him and he will be impure for seven days" and continues: "Any surface on which he lies shall be impure." Now, since it is stated: "Her nidah impurity will be imparted to him," would it not be obvious that he imparts impurity to a surface on which one lies? Why then was it stated? According to the Oral Tradition, it was taught that the Torah removed it from the severe category of impurity in which it imparts impurity to people and keilim and placed it in a lesser category in which a surface on which he lies is a derivative and does not impart impurity to people and keilim, only to foods and liquids like other derivatives of impurity.
Halacha 3
A man contracts the impurity of one who is intimate with a nidah or a zavahwhen he is intimate with such a woman or if he is intimate with a woman who is watching one day because of a day of impurity, or a woman after childbirth, whether the two engaged in vaginal or anal intercourse, whether he inserted only the corona or inserted the entire male organ, and whether it was an adult male who was intimate with a minor or a male minor who was intimate with an adult woman.
When does the above apply? When the male involved is at least nine years old and the woman involved at least three years old. If, however, either is younger than this, the male does not contract the impurity of one who has relations with a nidah, only that of one who touches a woman in the nidah state. His impurity is thus considered a derivative; he is not a primary source. Similarly, one who sodomizes a zav is considered as one who touches a zav. Also, the same laws that apply to one who touches a zav apply to a woman who is intimate with such a person.
Halacha 4
All of the following - nidah, a zavah, a woman who is watching one day because of a day of impurity, or a woman after childbirth even if she did not experience uterine bleeding - contract impurity retroactively for a twenty-four hour period or until the last vaginal inspection the woman made. This is referred to as the twenty-four period of a nidah.
What is implied? A woman who did not have a fixed time when she would menstruate was pure. She made a vaginal inspection in the morning and found that she was pure. At noon, she made another vaginal inspection and discovered blood. Accordingly, any ritually pure entities that she touched between the first inspection and the second inspection are impure retroactively. Similarly, if she made a vaginal inspection one day and found herself pure and made another inspection two or three days afterwards and discovered uterine bleeding, all of the articles she touched within twenty-four hours before the inspection during which she discovered the bleeding are considered as impure retroactively.
A checking cloth used after intimacy is considered as a vaginal inspection, but one used before intimacy is not, because she does not make a thorough inspection with it.
Halacha 5
A woman who has a fixed time when she menstruates and discovers uterine bleeding at that time is impure only from that time onward. She is not impure retroactively. If the fixed time when she menstruates arrives and she did not inspect herself and then inspected herself after the passage of several days and discovered uterine bleeding, she is considered as impure retroactively and is assumed to be a nidah from the fixed time that she usually menstruates. This is the impurity associated with the fixed time for menstruation referred to universally.
If the woman discovered that she was pure when she inspected herself after her fixed time for menstruation, she is pure.
Halacha 6
Whenever a woman has a fixed time during which she menstruates, she will also experience physical symptoms at the onset of menstruation, e.g., she will yawn, sneeze, feel heaviness and strain at the opening to her stomach and lower body, become overcome by trembling, or feel that her head and limbs are heavy, or the like.
There are women whose pattern is to experience bleeding immediately after one of these physical symptoms begins. And there are other women who will wait, and continue experiencing these symptoms for an hour or two and experience bleeding only at the end of the expected time. When a woman's pattern is to experience bleeding at the beginning of the expected time, any pure articles she touches during the expected time are impure. If her pattern is to experience bleeding at the end of the expected time, any pure articles she touches during the expected time are pure. She is only concerned about the articles she touched from the time she is accustomed to experience bleeding until she actually discovers bleeding.
Halacha 7
When a woman discovers a bloodstain, she is retroactively impure until the time she made an inspection. Similarly, a garment on which a stain was discovered is retroactively impure.
Until when? Until such a time concerning which the woman says: "I checked this garment and it did not have a bloodstain." Even if she washed the garment, but did not inspect it, it is impure retroactively from before she washed it until the time when it was inspected. Even if a moist stain was found, she is considered impure retroactively until the time she made an inspection. The rationale is that there is reason to say that it was there previously and now water fell upon it and caused it to become moist.
Halacha 8
A bloodstain discovered by any of the women who are impure only from the time they discover uterine bleeding onward is equivalent to the discovery of uterine bleeding and does not cause her to contract impurity retroactively.
Any of the women who contract impurity retroactively, whether they discovered uterine bleeding or a bloodstain, also impart impurity retroactively to surfaces upon which one lies or rides, causing them to impart impurity to a person or to garments. Similarly, their saliva and urine impart impurity retroactively. They even impart impurity retroactively to an earthenware container that is sealed closed.
They do not, however, impart the severe impurity associated with intimacy with a nidah to a man who is intimate with them. He is considered only as if he touched them. Whenever a woman discovers a bloodstain, a man who is intimate with her after she discovered the stain is considered impure as one who was intimate with a nidah.
Halacha 9
When a fetus sticks out his hand from the womb of a pregnant woman, his mother contracts the impurity of a woman who gave birth.
The impurity of a woman whose fetus sticks out its hand, the impurity imposed retroactively for 24 hours or until the previous inspection that was mentioned, the impurity associated with the fixed time when a woman usually menstruates, and the ritual impurity associated with bloodstains are all Rabbinic decrees and were instituted because of a doubt. Therefore terumah and sacrificial foods are not burnt because of them. Instead, the ruling concerning them is held in abeyance. Similarly, the ruling concerning ordinary foods that were treated with the sanctity associated with sacrificial foods that contracted impurity from one of these sources is held in abeyance. Nevertheless, ordinary food that is treated with the sanctity associated with terumah and ordinary food from which challahhas not yet been separated do not contract impurity from any of these sources, for they are Rabbinic decrees.
Thus one can conclude that: all of these women mentioned previously in this halachah, an object on which one lies or rides to which they imparted impurity, their saliva, their urine, one who is intimate with a woman who discovered a bloodstain after the bloodstain was discovered, one who was intimate with a woman after the fetus stuck out a limb and then returned it, are all primary sources of impurity according to Rabbinic decree.
• Wednesday, Tammuz 28, 5775 · 15 July 2015
"Today's Day"
Shabbat Tamuz 28 5703
Bless Rosh Chodesh Menachem-Av. Say all the Tehillim in the early morning. Day of farbrengen.
Haftora: Shimu until elokecha Yehuda; then, Im tashuv until uvo yit'halalu.
Torah lessons: Chumash: Matot-Massai, Shevi'i with Rashi.
Tehillim: 135-139.
Tanya: Ch. 8. After deeply (p. 373) ...the King..." (p. 375).
Each of the Rebbe'im had maamarim designated especially for the purpose of purifying the atmosphere. Every two or three years they would review and recite them publicly. One of (these special) maamarim of the Alter Rebbe was Hechaltzuprinted in Likutei Torah (without the glosses). One of the Mitteler Rebbe's was Yafa sha'a achat; (its subject was the first ten chapters of the maamar Hinei kol echad v'echad in Derech Hachayim). One of the Tzemach Tzedek's was Ma tovu, printed inLikutei Torah. One of my grandfather's (the Rebbe Maharash) was Mi chamocha. One of my father's was V'yadata hayom, Moscow - 5657.
Daily Thought:
Help From the Past
All the souls of these generations have been here before. And they come with their baggage—both good and not so good.
But there is a distinction: The good the soul has collected is eternal. It can never be uprooted, it can never fade away, for it is G‑dly, and G‑d does not change.
But the bad is not a thing, it is an emptiness, a hollow in the light. As the soul makes its journey, through trials and travails, through growth and renewal, that darkness falls away, never to return.
If you know yourself only as you are here in this life, the challenges of our times would be impossible to persevere. Reach deeper, tap into the reservoir of your soul from the past, and find there the unimaginable powers of millennia.[Maamar Bila Hamavet.]
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