Today's Laws & Customs:
• Elul Observances
As the last month of the Jewish year, Elul is traditionaly a time of introspection and stocktaking -- a time to review one's deeds and spiritual progress over the past year and prepare for the upcoming "Days of Awe" of Rosh HaShanah and Yom Kippur.
As the month of Divine Mercy and Forgiveness (see "Today in Jewish History" for Elul 1) it is a most opportune time for teshuvah ("return" to G-d), prayer, charity, and increased Ahavat Yisrael (love for a fellow Jew) in the quest for self-improvement and coming closer to G-d. Chassidic master Rabbi Schneur Zalman of Liadi likens the month of Elul to a time when "the king is in the field" and, in contrast to when he is in the royal palace, "everyone who so desires is permitted to meet him, and he receives them all with a cheerful countenance and shows a smiling face to them all."
Specific Elul customs include the daily sounding of the shofar (ram's horn) as a call to repentance. The Baal Shem Tov instituted the custom of reciting three additional chapters ofPsalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below to view today's Psalms.
Chapter 16
Chapter 17
Chapter 18
Psalms 16:(0) Mikhtam. By David:
(1) Protect me, God,
for you are my refuge.
2 I said to Adonai, “You are my Lord;
I have nothing good outside of you.”
3 The holy people in the land are the ones
who are worthy of honor; all my pleasure is in them.
4 Those who run after another god
multiply their sorrows;
To such gods I will not offer
drink offerings of blood
or take their names on my lips.
5 Adonai, my assigned portion, my cup:
you safeguard my share.
6 Pleasant places were measured out for me;
I am content with my heritage.
7 I bless Adonai, my counselor;
at night my inmost being instructs me.
8 I always set Adonai before me;
with him at my right hand, I can never be moved;
9 so my heart is glad, my glory rejoices,
and my body too rests in safety;
10 for you will not abandon me to Sh’ol,
you will not let your faithful one see the Abyss.
11 You make me know the path of life;
in your presence is unbounded joy,
in your right hand eternal delight.
17:(0) A prayer of David:
(1) Hear a just cause, Adonai, heed my cry;
listen to my prayer from honest lips.
2 Let my vindication come from you,
let your eyes see what is right.
3 You probed my heart,
you visited me at night,
and you assayed me without finding evil thoughts
that should not pass my lips.
4 As for what others do, by words from your lips
I have kept myself from the ways of the violent;
5 my steps hold steadily to your paths,
my feet do not slip.
6 Now I call on you, God, for you will answer me.
Turn your ear to me, hear my words.
7 Show how wonderful is your grace,
savior of those who seek at your right hand
refuge from their foes.
8 Protect me like the pupil of your eye,
hide me in the shadow of your wings
9 from the wicked, who are assailing me,
from my deadly enemies, who are all around me.
10 They close their hearts to compassion;
they speak arrogantly with their mouths;
11 they track me down, they surround me;
they watch for a chance to bring me to the ground.
12 They are like lions eager to tear the prey,
like young lions crouching in ambush.
13 Arise, Adonai, confront them! Bring them down!
With your sword deliver me from the wicked,
14 with your hand, Adonai, from human beings,
from people whose portion in life is this world.
You fill their stomachs with your treasure,
their children will be satisfied too
and will leave their wealth to their little ones.
15 But my prayer, in righteousness, is to see your face;
on waking, may I be satisfied with a vision of you.
18:(0) For the leader. By David the servant of Adonai, who addressed the words of this song to Adonai on the day when Adonai delivered him from the power of all his enemies, including from the power of Sha’ul. 2 He said:
(1) “I love you, Adonai, my strength!
3 (2) “Adonai is my Rock, my fortress and deliverer,
my God, my Rock, in whom I find shelter,
my shield, the power that saves me,
my stronghold.
4 (3) I call on Adonai, who is worthy of praise;
and I am saved from my enemies.
5 (4) “For the cords of death surrounded me,
the floods of B’liya‘al terrified me,
6 (5) the ropes of Sh’ol were wrapped around me,
the snares of death lay there before me.
7 (6) In my distress I called to Adonai;
I cried out to my God.
Out of his temple he heard my voice;
my cry reached his ears.
8 (7) “Then the earth quaked and shook,
the foundations of the mountains trembled.
They were shaken because he was angry.
9 (8) Smoke arose in his nostrils;
out of his mouth came devouring fire;
sparks blazed forth from him.
10 (9) He lowered heaven and came down
with thick darkness under his feet.
11 (10) He rode on a keruv; he flew,
swooping down on the wings of the wind.
12 (11) He made darkness his hiding-place,
his canopy thick clouds dark with water.
13 (12) From the brightness before him,
there broke through his thick clouds
hailstones and fiery coals.
14 (13) “Adonai also thundered in heaven,
Ha‘Elyon sounded his voice —
hailstones and fiery coals.
15 (14) He sent out arrows and scattered them,
shot out lightning and routed them.
16 (15) The channels of water appeared,
the foundations of the world were exposed
at your rebuke, Adonai,
at the blast of breath from your nostrils.
17 (16) “He sent from on high, he took me
and pulled me out of deep water;
18 (17) he rescued me from my powerful enemy,
from those who hated me,
for they were stronger than I.
19 (18) They came against me on my day of disaster,
but Adonai was my support.
20 (19) He brought me out to an open place;
he rescued me, because he took pleasure in me.
21 (20) Adonai rewarded me for my uprightness,
he repaid me because my hands were clean.
22 (21) “For I have kept the ways of Adonai,
I have not done evil by leaving my God;
23 (22) for all his rulings were before me,
I did not distance his regulations from me.
24 (23) I was pure-hearted with him
and kept myself from my sin.
25 (24) “Hence Adonai repaid me for my uprightness,
according to the purity of my hands in his view.
26 (25) With the merciful, you are merciful;
with a man who is sincere, you are sincere;
27 (26) with the pure, you are pure;
but with the crooked you are cunning.
28 (27) People afflicted, you save;
but haughty eyes, you humble.
29 (28) “For you, Adonai, light my lamp;
Adonai, my God, lights up my darkness.
30 (29) With you I can run through a whole troop of men,
with my God I can leap a wall.
31 (30) “As for God, his way is perfect,
the word of Adonai has been tested by fire;
he shields all who take refuge in him.
32 (31) “For who is God but Adonai?
Who is a Rock but our God?
33 (32) “It is God who girds me with strength;
he makes my way go straight.
34 (33) He makes me swift, sure-footed as a deer,
and enables me to stand on my high places.
35 (34) He trains my hands for war
until my arms can bend a bow of bronze;
36 (35) “You give me your shield, which is salvation,
your right hand holds me up,
your humility makes me great.
37 (36) You lengthen the steps I can take,
yet my ankles do not turn.
38 (37) “I pursued my enemies and overtook them,
without turning back until they were destroyed.
39 (38) I crushed them, so that they can’t get up;
they have fallen under my feet.
40 (39) “For you braced me with strength for the battle
and bent down my adversaries beneath me.
41 (40) You made my enemies turn their backs in flight,
and I destroyed those who hated me.
42 (41) “They cried out, but there was no one to help,
even to Adonai, but he didn’t answer.
43 (42) I pulverized them like dust in the wind,
threw them out like mud in the streets.
44 (43) “You also freed me from the quarrels of my people.
You made me head of the nations;
a people I did not know now serve me —
45 (44) the moment they hear of me, they obey me,
foreigners come cringing to me.
46 (45) Foreigners lose heart
as they come trembling from their fortresses.
47 (46) “Adonai is alive! Blessed is my Rock!
Exalted be the God of my salvation,
48 (47) the God who avenges me
and subdues peoples under me.
49 (48) He delivers me from my enemies.
You lift me high above my enemies,
you rescue me from violent men.
50 (49) “So I give thanks to you, Adonai, among the nations;
I sing praises to your name.
51 (50) Great salvation he gives to his king;
he displays grace to his anointed,
to David and his descendants forever.”
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.Links: More on Elul
Daily Quote:
Rabbi Chanina the son of Dosa would say: One whose fear of sin takes precedence to his wisdom, his wisdom endures. But one whose wisdom takes precedence to his fear of sin, his wisdom does not endure[Ethics of the Fathers 3:9]
Daily Study:
Chitas and Rambam for today:
Chumash: Shoftim, 6th Portion Deuteronomy 19:14-20:9 with Rashi
• Chapter 19
14You shall not pull back your neighbor's landmark, which the earlier ones have set as borders in your inheritance, which you will inherit in the land that the Lord, your God gives you, to possess. ידלֹא תַסִּיג גְּבוּל רֵעֲךָ אֲשֶׁר גָּבְלוּ רִאשֹׁנִים בְּנַחֲלָתְךָ אֲשֶׁר תִּנְחַל בָּאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ לְרִשְׁתָּהּ:
You shall not pull back [your neighbor’s] landmark: Heb. לֹא תַסּיג, an expression similar to, “they shall turn back (נָסֹגוּ אָחוֹר)” (Isa. 42:17). [Here therefore, it means] that he moves the boundary-mark of the land backwards into his neighbor’s field, thereby enlarging his own [property]. But has it not already been stated, “You shall not rob” (Lev. 19:13) ? Why then, is it stated here: “You shall not pull back [the landmark]?” [The answer is that this verse] teaches that the person who removes his neighbor’s boundary mark transgresses two negative commandments, “You shall not rob (לֹא תִגְזֹל)” and “You shall not pull back [the landmark]” (לֹא תַסִּיג). Now I might think that [this applies] outside Eretz Israel as well. Therefore it says, “in your inheritance, which you will inherit [in the land],” [indicating that] in [only] Eretz Israel one transgresses two negative commandments, whereas outside Eretz Israel, one transgresses only the commandment of “you shall not rob.” - [Sifrei] לא תסיג גבול: לשון נסוגו אחור (ישעיה מב יז), שמחזיר סימן חלוקת הקרקע לאחור לתוך שדה חבירו למען הרחיב את שלו. והלא כבר נאמר (ויקרא יט, יג) לא תגזול, מה תלמוד לומר לא תסיג, למד על העוקר תחום חבירו שעובר בשני לאוין. יכול אף בחוצה לארץ, תלמוד לומר בנחלתך אשר תנחל וגו', בארץ ישראל עובר בשני לאוין, בחוצה לארץ אינו עובר אלא משום לא תגזול:
15One witness shall not rise up against any person for any iniquity or for any sin, regarding any sin that he will sin. By the mouth of two witnesses, or by the mouth of three witnesses, shall the matter be confirmed. טולֹא יָקוּם עֵד אֶחָד בְּאִישׁ לְכָל עָוֹן וּלְכָל חַטָּאת בְּכָל חֵטְא אֲשֶׁר יֶחֱטָא עַל פִּי | שְׁנֵי עֵדִים אוֹ עַל פִּי שְׁלשָׁה עֵדִים יָקוּם דָּבָר:
One witness [shall not rise up against a man for any iniquity]: This verse establishes a general principle [i.e., from here it is derived] that wherever the term“witness” (עֵד) appears in the Torah, it means two [witnesses], unless the Torah specifies [that] one witness is meant. — [San. 30a] עד אחד: זה בנה אב כל עד שבתורה שנים, אלא אם כן פרט לך בו אחד:
for any iniquity, or for any sin: where his testimony would lead to the accused being punished, either with corporal punishment or with or monetary punishment. However, one [witness] may rise up to [compel his fellow to take] an oath, as follows: If one says to his fellow, “Give me the maneh [100 zuzim] that I lent you,” and his fellow replies, “I have nothing of yours,” and one witness testifies for him [the plaintiff] that he [the defendant] owes him [the money], [the defendant] is required to swear [that he did not borrow any money]. — [Shev. 40a] לכל עון ולכל חטאת: להיות חבירו נענש על עדותו, לא עונש גוף ולא עונש ממון, אבל קם הוא לשבועה. אמר לחבירו תן לי מנה שהלויתיך אמר לו אין לך בידי כלום ועד אחד מעיד שיש לו, חייב להשבע לו:
By the mouth of two witnesses [… the matter will be established]:[The expression,“by the mouth” means here that only the direct, verbal testimony suffices,] but they should not write their testimony in a letter and send it to the court, or have an interpreter stand between the witnesses and the judges. - [Sifrei] על פי שני עדים: ולא שיכתבו עדותם באגרת וישלחו לבית דין, ולא שיעמוד תורגמן בין העדים ובין הדיינים:
16If a false witness rises up against a man, to bear perverted testimony against him, טזכִּי יָקוּם עֵד חָמָס בְּאִישׁ לַעֲנוֹת בּוֹ סָרָה:
to bear perverted testimony against him: Heb. סָרָה [That is, he testifies about] a thing which is not so, that this witness is removed (הוּסַר) from the whole testimony [meaning that he could not possibly have been a witness,] such as if [a second set of witnesses] said [to the first set of witnesses], “But weren’t you with us on that day in such and such a place [and not with the defendant, as you claim to have been]?” - [Mak. 5a] לענות בו סרה: דבר שאינו, שהוסר העד הזה מכל העדות הזאת, כגון, שאמרו להם והלא עמנו הייתם אותו היום במקום פלוני:
17Then the two men between whom the controversy exists shall stand before the Lord, before the kohanim and the judges who will be in those days. יזוְעָמְדוּ שְׁנֵי הָאֲנָשִׁים אֲשֶׁר לָהֶם הָרִיב לִפְנֵי יְהֹוָה לִפְנֵי הַכֹּהֲנִים וְהַשֹּׁפְטִים אֲשֶׁר יִהְיוּ בַּיָּמִים הָהֵם:
Then the two men… shall stand: The text is referring to the witnesses, and it teaches us that there is no testimony by women. It also teaches us that witnesses must submit their testimony while standing. — [Shev. 30a] ועמדו שני האנשים: בעדים הכתוב מדבר, ולמד שאין עדות בנשים, ולמד שצריכין להעיד עדותן מעומד:
between whom the controversy exists: These are the litigants. אשר להם הריב: אלו בעלי הדין:
before the Lord: It should seem to them as though they are standing before the Omnipresent, as it says:“in the midst of the judges He will judge” (Ps. 82: 1). - [San. 6b] לפני ה': יהי דומה להם כאילו עומדין לפני המקום, שנאמר בקרב אלהים ישפוט (תהלים פב, א):
who will be in those days: [Now could one stand in front of those who are not in his day? Rather, it means that] Jephthah [one of the less important judges] in his generation, is [to be considered] as Samuel [the greatest judge] in his generation; you must treat him with respect. אשר יהיו בימים ההם: יפתח בדורו כשמואל בדורו, צריך אתה לנהוג בו כבוד:
18And the judges shall inquire thoroughly, and behold, the witness is a false witness; he has testified falsely against his brother; יחוְדָרְשׁוּ הַשֹּׁפְטִים הֵיטֵב וְהִנֵּה עֵד שֶׁקֶר הָעֵד שֶׁקֶר עָנָה בְאָחִיו:
And the judges shall inquire thoroughly: By means of the testimony of [the new set of witnesses] who rebut them, that they investigate and examine those who come to prove that they [the first pair] are עֵדִים זוֹמְמִין,“plotting witnesses,” by diligent inquiry and examination. ודרשו השופטים היטב: על פי המזימין אותם, שבודקים וחוקרים את הבאים להזימם בדרישה ובחקירה:
and behold, the witness is a false witness: Wherever עֵד, witness , is written, Scripture is speaking of two [witnesses]. — [San. 30a] והנה עד שקר: כל מקום שנאמר עד, בשנים הכתוב מדבר:
19then you shall do to him as he plotted to do to his brother, and you shall [thus] abolish evil from among you. יטוַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ:
as he plotted: But not as he did. From here [our Rabbis] said that if the first set of witnesses [before being proven false,] already killed the defendant [by their testimony], they are not to be put to death. — [Mak. 5b] כאשר זמם: ולא כאשר עשה. מכאן אמרו, הרגו אין נהרגין:
to do to his brother: Why does Scripture state, “to his brother?” To teach, that in the case of witnesses who conspired against a married daughter of a kohen [by accusing her of adultery], that they are not executed with burning [the form of execution to which she would have been subjected], but rather, by strangulation, the form of execution of the adulterer. For it says [regarding such a woman] “she shall be burnt with fire” (Lev. 21:9) -“she,” but not her paramour [who is dispatched by strangulation]; therefore it says here, “to his brother”-“as he plotted to do to his brother,” but not as he plotted to do to his sister. With other crimes, however, Scripture regards women equally with men, and conspiring witnesses against a woman are executed in the same way as those who conspired against a man. For instance, if they testified that a women killed a person, or that she desecrated the Sabbath [and they are revealed to be false witnesses before she is executed], then they are executed in the form that they intended for her, for Scripture does not exclude his sister [by stating “brother”] except in a case where one may carry out the punishment of the conspiring witnesses by the form of execution of the adulterer [as opposed to the adulteress]. — [Sifrei and San. 90a] לעשות לאחיו: מה תלמוד לומר לאחיו, למד על זוממי בת כהן נשואה שאינן בשריפה, אלא כמיתת הבועל שהוא בחנק, שנאמר היא באש תשרף (ויקרא כא, ט) היא ולא בועלה. לכך נאמר כאן לאחיו, כאשר זמם לעשות לאחיו, ולא כאשר זמם לעשות לאחותו. אבל בכל שאר מיתות השוה הכתוב אשה לאיש, וזוממי אשה נהרגין כזוממי איש. כגון שהעידוה שהרגה את הנפש, שחללה את השבת, נהרגין במיתתה. שלא מיעט כאן אחותו אלא במקום שיש לקיים בהן הזמה במיתת הבועל:
20And those who remain shall listen and fear, and they shall no longer continue to commit any such evil thing among you. כוְהַנִּשְׁאָרִים יִשְׁמְעוּ וְיִרָאוּ וְלֹא יֹסִפוּ לַעֲשׂוֹת עוֹד כַּדָּבָר הָרָע הַזֶּה בְּקִרְבֶּךָ:
shall listen and fear: From here, [we derive the law] that a public announcement is required: “So-and-so and so-and-so are to be executed because they were proven by the court to be plotting witnesses.” - [San. 89a] [Note that Rashi on Mak. 5a and San. 89a writes that the proclamation is made after the perpetrators have been executed.] ישמעו ויראו: מכאן שצריכין הכרזה, איש פלוני ופלוני נהרגין על שהוזמו בבית דין:
21You shall not have pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. כאוְלֹא תָחוֹס עֵינֶךָ נֶפֶשׁ בְּנֶפֶשׁ עַיִן בְּעַיִן שֵׁן בְּשֵׁן יָד בְּיָד רֶגֶל בְּרָגֶל:
Eye for eye: i.e., financial compensation; and similarly, “tooth for tooth, etc.” - [Sifrei, B.K. 87a] עין בעין: ממון, וכן שן בשן וגו':
Chapter 20
1When you go out to war against your enemies, and you see horse and chariot, a people more numerous than you, you shall not be afraid of them, for the Lord, your God is with you Who brought you up out of the land of Egypt. אכִּי תֵצֵא לַמִּלְחָמָה עַל אֹיְבֶךָ וְרָאִיתָ סוּס וָרֶכֶב עַם רַב מִמְּךָ לֹא תִירָא מֵהֶם כִּי יְהֹוָה אֱלֹהֶיךָ עִמָּךְ הַמַּעַלְךָ מֵאֶרֶץ מִצְרָיִם:
When you go out to war: Scripture juxtaposes the departure for war alongside this [“eye for eye etc.”] to teach us that a person with a missing limb does not go out to war. - [Sifrei] Another explanation: It teaches that if you execute righteous judgment, you can be sure that when you depart for war you will be victorious. Similarly, David says, “I performed justice and righteousness; do not leave me to my oppressors” (Ps. 119: 121). - [Tanchuma] כי תצא למלחמה: סמך הכתוב יציאת מלחמה לכאן, לומר לך, שאין מחוסר אבר יוצא למלחמה. דבר אחר לומר לך, אם עשית משפט צדק אתה מובטח שאם תצא למלחמה אתה נוצח. וכן דוד הוא אומר (תהלים קיט, קכא) עשיתי משפט וצדק בל תניחני לעושקי:
against your enemies: Let them be in your eyes as enemies; have no pity on them, for they will have no pity upon you. על איבך: יהיו בעיניך כאויבים, אל תרחם עליהם כי לא ירחמו עליך:
horse and chariot: In My eyes, they are all like one horse. Similarly, it says, “and you shall strike Midian as one man.” (Jud. 6:16) And similarly, it says,, “When Pharaoh’s horse… came [into the sea]” (Exod. 15:19). - [Sifrei] סוס ורכב: בעיני כולם כסוס אחד, וכן הוא אומר (שופטים ו, טז) והכית את מדין כאיש אחד. וכן הוא אומר (שמות טו, יט) כי בא סוס פרעה:
a people more numerous than you: In your eyes, they are numerous, but in My eyes, they are not numerous. — [Sifrei] עם רב ממך: בעיניך הוא רב, אבל בעיני אינו רב:
2And it will be, when you approach the battle, that the kohen shall come near, and speak to the people. בוְהָיָה כְּקָרָבְכֶם אֶל הַמִּלְחָמָה וְנִגַּשׁ הַכֹּהֵן וְדִבֶּר אֶל הָעָם:
when you approach the battle: When you are on the point of leaving the border. כקרבכם אל המלחמה: סמוך לצאתכם מן הספר מגבול ארצכם:
that the kohen shall come near: This refers to the kohen anointed for this purpose, and he is called “the one anointed for war.” ונגש הכהן: המשוח לכך. והוא הנקרא משוח מלחמה:
and speak to the people: in the Holy Tongue. — [Sotah 42a] ודבר אל העם: בלשון הקדש:
3And he shall say to them, "Hear, O Israel, today you are approaching the battle against your enemies. Let your hearts not be faint; you shall not be afraid, and you shall not be alarmed, and you shall not be terrified because of them. גוְאָמַר אֲלֵהֶם שְׁמַע יִשְׂרָאֵל אַתֶּם קְרֵבִים הַיּוֹם לַמִּלְחָמָה עַל אֹיְבֵיכֶם אַל יֵרַךְ לְבַבְכֶם אַל תִּירְאוּ וְאַל תַּחְפְּזוּ וְאַל תַּעַרְצוּ מִפְּנֵיהֶם:
“Hear, O Israel”: Even if you have no merit other than the reading of the Shema , you are worthy that He [God] save you. — [Sotah 42b] שמע ישראל: אפילו אין בכם זכות אלא קריאת שמע בלבד, כדאי אתם שיושיע אתכם:
against your enemies: These are not your brothers, for if you fall into their hands, they will not have pity on you; this is not like the war of Judah with Israel, of which the verse states, “And the men, who were mentioned by name, rose up and took hold of the captives, and, and clothed all their nakedness from the spoils, and they dressed them and shod them, and fed them and gave them to drink, and anointed them, and led them on donkeys, every feeble one, and they brought them to Jericho, the city of the palms, beside their brothers, and they returned to Samaria” (II Chron. 28:15). You, however, are going against your enemies; therefore strengthen yourselves for battle. — [Sifrei ; Sotah 42a] על איביכם: אין אלו אחיכם, שאם תפלו בידם אינם מרחמים עליכם, אין זו כמלחמת יהודה עם ישראל, שנאמר (דה"י ב' כח טו) ויקומו האנשים אשר נקבו בשמות ויחזיקו בשביה, וכל מערומיהם הלבישו מן השלל וילבישום וינעילום ויאכילום וישקום ויסוכום וינהלום בחמורים לכל כושל, ויביאום ירחו עיר התמרים אצל אחיהם, וישובו שומרון, אלא על אויביכם אתם הולכים, לפיכך התחזקו למלחמה:
Let your hearts not be faint; you shall not be afraid, you shall not be alarmed, and you shall not be terrified: Four warnings, corresponding to four practices in which the kings of the nations engage [during battle]: They hold their shields close together to strike them against one another, thereby producing a loud noise to alarm those confronting them, so that they should flee; they stamp [the ground heavily] with their horses and make them neigh, sounding the beating of their horses’ hoofs, and they shout loudly and blow horns and [other] kinds of noisy instruments. אל ירך לבבכם אל תיראו ואל תחפזו ואל תערצו:ארבע אזהרות כנגד ארבעה דברים שמלכי האומות עושים. מגיפים בתריסיהם כדי להקישן זה לזה כדי להשמיע קול שיחפזו אלו שכנגדם וינוסו, ורומסים בסוסיהם ומצהילין אותם להשמיע קול שעטת פרסות סוסיהם, וצווחין בקולם ותוקעין בשופרות ומיני משמיעי קול:
Let your hearts not be faint: Because of the neighing of the horses; אל ירך לבבכם: מצהלות סוסים:
you shall not be afraid: of the noise made by the fastening of the shields; אל תיראו: מהגפת התריסין:
and you shall not be alarmed: At the sounds of the horns; ואל תחפזו: מקול הקרנות:
and you shall not be terrified: By the noise of the shouting. — [Sifrei ; Sotah 42a] ואל תערצו: מקול הצווחה:
4For the Lord, your God, is the One Who goes with you, to fight for you against your enemies, to save you. דכִּי יְהֹוָה אֱלֹהֵיכֶם הַהֹלֵךְ עִמָּכֶם לְהִלָּחֵם לָכֶם עִם אֹיְבֵיכֶם לְהוֹשִׁיעַ אֶתְכֶם:
For the Lord, your God…: They are coming with the victory of flesh and blood, whereas you approach with the victory of the Omnipresent. The Philistines came with the victory of Goliath-What was his end? He fell, and they fell with him. כי ה' אלהיכם וגו': הם באים בנצחונו של בשר ודם ואתם באים בנצחונו של מקום. פלשתים באו בנצחונו של גלית, מה היה סופו, נפל ונפלו עמו:
Who goes with you: This refers to the camp of the ark. — [Sotah 42a] ההלך עמכם: זה מחנה הארון:
5And the officers shall speak to the people, saying, What man is there who has built a new house and has not [yet] inaugurated it? Let him go and return to his house, lest he die in the war, and another man inaugurate it. הוְדִבְּרוּ הַשֹּׁטְרִים אֶל הָעָם לֵאמֹר מִי הָאִישׁ אֲשֶׁר בָּנָה בַיִת חָדָשׁ וְלֹא חֲנָכוֹ יֵלֵךְ וְיָשֹׁב לְבֵיתוֹ פֶּן יָמוּת בַּמִּלְחָמָה וְאִישׁ אַחֵר יַחְנְכֶנּוּ:
[What man is there who has built a new house] and has not [yet] inaugurated it: i.e., has not yet lived in it. The term חִנּוּךְ denotes beginning. ולא חנכו: לא דר בו. חנוך לשון התחלה:
[Lest he die in the war,] and another man inaugurate it: This would be a source of great grief. ואיש אחר יחנכנו: ודבר של עגמת נפש הוא זה:
6And what man is there who has planted a vineyard, and has not [yet] redeemed it? Let him go and return to his house, lest he die in the war, and another man redeem it. ווּמִי הָאִישׁ אֲשֶׁר נָטַע כֶּרֶם וְלֹא חִלְּלוֹ יֵלֵךְ וְיָשֹׁב לְבֵיתוֹ פֶּן יָמוּת בַּמִּלְחָמָה וְאִישׁ אַחֵר יְחַלְּלֶנּוּ:
[And what man is there that has planted a vineyard,] and has not [yet] redeemed it: Heb. וְלֹא חִלְּלוֹ. He has not redeemed the vineyard in the fourth year [of its growth], for the fruits [of the fourth year] have to be eaten in Jerusalem or redeemed [by exchanging them] for money, and to eat [food purchased with] the money in Jerusalem. ולא חללו: לא פדאו בשנה הרביעית, שהפירות טעונין לאכלן בירושלים או לחללן בדמים ולאכול הדמים בירושלים:
7And what man is there who has betrothed a woman and has not [yet] taken her? Let him go and return to his house, lest he die in the war, and another man take her." זוּמִי הָאִישׁ אֲשֶׁר אֵרַשׂ אִשָּׁה וְלֹא לְקָחָהּ יֵלֵךְ וְיָשֹׁב לְבֵיתוֹ פֶּן יָמוּת בַּמִּלְחָמָה וְאִישׁ אַחֵר יִקָּחֶנָּה:
lest he die in the war: He should return lest he die, for if he does not obey the kohen , he deserves to die. — [Sifrei] פן ימות במלחמה: ישוב פן ימות, שאם לא ישמע לדברי הכהן כדאי הוא שימות:
8And the officers shall continue to speak to the people and say, "What man is there who is fearful and fainthearted? Let him go and return to his house, that he should not cause the heart of his brothers to melt, as his heart." חוְיָסְפוּ הַשֹּׁטְרִים לְדַבֵּר אֶל הָעָם וְאָמְרוּ מִי הָאִישׁ הַיָּרֵא וְרַךְ הַלֵּבָב יֵלֵךְ וְיָשֹׁב לְבֵיתוֹ וְלֹא יִמַּס אֶת לְבַב אֶחָיו כִּלְבָבוֹ:
And the officers shall continue: Why does it say here: “shall continue” [lit. shall add]? They add this [statement] to the words of the kohen , for the kohen speaks and announces aloud to the people from “Hear, O Israel” (verse 3) until “to save you,” (end of verse 4) while “What man is there” (verse 5), and the second and third one [with the same beginning (verses 6 and 7)], the kohen speaks, and an officer announces aloud [to the people]. This verse, however, an officer speaks, and an officer announces aloud. - [Sotah 43a] According to several incunabula editions of Rashi , “a kohen announces aloud.” [See Yosef Hallel.] ויספו השוטרים: למה נאמר כאן ויספו, מוסיפין זה על דברי הכהן, שהכהן מדבר ומשמיע מן (פסוק ג - ד) שמע ישראל עד להושיע אתכם, ומי האיש ושני ושלישי כהן מדבר ושוטר משמיע, וזה שוטר מדבר ושוטר משמיע:
[What man is there] who is fearful and fainthearted: Rabbi Akiva says: [This verse is to be understood] according to its apparent meaning, that he cannot stand in the closed ranks of battle and look upon a drawn sword. Rabbi Jose the Galilean says that [it means] one who is afraid of his sins [that they will cause him to fall in war, as he is unworthy], and therefore, the Torah gives him the excuse of attributing his return home because of a house, a vineyard, or a wife, to cover up for those who return because of their sins, so that people should not understand that they are sinners. [Consequently,] one who sees this person returning would say,“Perhaps he has built a house, or planted a vineyard, or betrothed a woman.” - [Sotah 44a] הירא ורך הלבב: רבי עקיבא אומר כמשמעו, שאינו יכול לעמוד בקשרי המלחמה ולראות חרב שלופה. רבי יוסי הגלילי אומר הירא מעבירות שבידו, ולכך תלתה לו תורה לחזור על בית וכרם ואשה לכסות על החוזרים בשביל עבירות שבידם, שלא יבינו שהם בעלי עבירה, והרואהו חוזר אומר שמא בנה בית או נטע כרם או ארש אשה:
9And it shall be, that when the officials finish speaking to the people, they shall appoint officers of the legions at the edges of the people. טוְהָיָה כְּכַלֹּת הַשֹּׁטְרִים לְדַבֵּר אֶל הָעָם וּפָקְדוּ שָׂרֵי צְבָאוֹת בְּרֹאשׁ הָעָם:
[They shall appoint] officers of the legions: This means that they place (זַקָּפִין) guards in front of them and behind them, with iron arrows in their hands, and if anybody attempted to retreat, the guard had the authority to strike his legs. זַקָּפִין are people who stand at the edge of the battle array to pick up (לִזְקֹף) the fallen and to encourage them with words: “Return to the battle and do not flee, for flight is the beginning of defeat.” - [Sifrei , Sotah 44a] שרי צבאות: שמעמידין זקפין, מלפניהם ומלאחריהם וכשילין של ברזל בידיהם וכל מי שרוצה לחזור הרשות בידו לקפח את שוקיו. זקפין, בני אדם עומדים בקצה המערכה לזקוף את הנופלים ולחזקם בדברים שובו אל המלחמה ולא תנוסו, שתחלת נפילה ניסה:
Daily Tehillim: Psalms Chapters 35 - 38
• Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
See below for today's additional chapters.
Chapter 35
This psalm is an awe-inspiring and wondrous prayer about David's enemies-that they be as chaff before the wind, chased by the angel of God. It also declares that everything comes about through God's help.
1. By David. Fight my antagonists, O Lord, battle those who battle against me.
2. Take hold of shield and armor and arise to help me.
3. Draw a spear, and bar the way before my pursuers; say to my soul, "I am your deliverance.”
4. Let those who seek my life be shamed and disgraced; let those who devise my harm retreat and be humiliated.
5. Let them be as chaff before the wind; let the angel of the Lord thrust them away.
6. Let their path be dark and slippery; let them be chased by the angel of the Lord.
7. For without cause have they laid their nets in the pit for me; without cause have they dug [pits] for my soul.
8. Let darkness come upon him unawares; let the very snare that he hid trap him, in darkness he will fall in it.
9. And my soul shall exult in the Lord, rejoice in His deliverance.
10. My entire being shall declare: Lord, who is like You? Who saves the poor from one stronger than he, the poor and the destitute from one who would rob him.
11. Corrupt witnesses rise up [against me], they demand of me things of which I do not know.
12. They repay me evil for good, death for my soul.
13. But I wore sackcloth when they were ill; I afflicted my soul with fasting. Let my prayer return upon my own bosom.
14. As if it were my friend, my brother, I went about; like a mother in mourning, I was bent over in gloom.
15. But when I limped, they rejoiced and gathered; the lowly gathered against me-even those whom I do not know; they laugh and cannot be quiet.
16. With flattery and scorn, for the sake of a meal,1 they gnash their teeth at me.
17. My Lord, how long will You look on? Restore my life from their darkness; from young lions, my soul.
18. I will thank You in a great congregation, amidst a mighty nation I will praise You.
19. Let not those who hate me without cause rejoice over me; [let not] those who despise me without reason wink their eye.
20. For they speak not of peace, rather they scheme deceitful matters against the broken of the land.
21. They opened their mouths wide against me, they said, "Aha! Aha! Our eyes have seen [his misfortune].”
22. You saw, Lord, be not silent; my Lord, be not distant from me.
23. Rouse and awaken Yourself to my judgement, to my cause, my God and my Lord.
24. Judge me according to your righteousness, Lord my God; let them not rejoice over me.
25. Let them not say in their hearts, "Aha! We have our desire!" Let them not say, "We have swallowed him!”
26. Let them be shamed and disgraced together, those who rejoice at my trouble; let them be clothed in shame and humiliation, those who raise themselves arrogantly over me.
27. Let those who desire my vindication sing joyously and be glad; let them say always, "Let the Lord be exalted, Who desires the peace of His servant.”
28. My tongue will speak of Your righteousness, Your praise, all day long.
Chapter 36
This psalm is a message to those who follow their evil inclination, that tells them, "Do not place the fear of God before you," and brings them to sin by beautifying evil deeds in their eyes. For so is his way: "He descends (to earth) and corrupts, then goes up (to the Heavenly Court) and prosecutes."
1. For the Conductor, by the servant of the Lord, by David.
2. [I think] in my heart: Sin says to the wicked, "There is none [who need place] the fear of God before his eyes.”
3. For Sin makes itself appealing to him, until his iniquity be found and he is hated.
4. The speech of his mouth is evil and deceit; he fails to reason, to improve.
5. On his bed he contemplates evil, he stands in a path that is not good; he does not despise evil.
6. O Lord, Your kindness is in the heavens; Your faithfulness is till the skies.
7. Your righteousness is like the mighty mountains, Your judgements extend to the great deep; man and beast You deliver, O Lord.
8. How precious is Your kindness, O God; man takes shelter in the shadow of Your wings.
9. They will be filled by the abundance of Your house; from the stream of Your Eden, You will give them to drink.
10. For the source of life is with You; in Your Light do we see light.
11. Extend Your kindness to those who know You, and Your righteousness to the upright of heart.
12. Let not the foot of the arrogant overtake me; let not the hand of the wicked drive me away.
13. There1 the doers of evil fell, thrust down, unable to rise.
Chapter 37
King David exhorts his generation not to be jealous of the prosperity of the wicked, for it may lead to falling into their ways. Rather, put your trust in God, conduct yourselves with integrity, and God will take care of everything.
1. By David. Do not compete with the wicked; do not envy doers of injustice.
2. For like grass they will be swiftly cut down; like green vegetation they will wither.
3. Trust in the Lord and do good; then will you abide in the land and be nourished by faith.
4. Delight in the Lord, and He will grant you the desires of your heart.
5. Cast your needs upon the Lord; rely on Him, and He will take care.
6. He will reveal your righteousness like the light, your justness like the high noon.
7. Depend on the Lord and hope in Him. Compete not with the prosperous, with the man who invents evil schemes.
8. Let go of anger, abandon rage; do not compete with [one who intends] only to harm.
9. For the evildoers will be cut down; but those who hope in the Lord, they will inherit the earth.
10. For soon the wicked one will not be; you will gaze at his place and he will be gone.
11. But the humble shall inherit the earth, and delight in abundant peace.
12. The wicked one plots against the righteous, and gnashes his teeth at him.
13. My Lord laughs at him, for He sees that his day will come.
14. The wicked have drawn a sword and bent their bow to fell the poor and destitute, to slaughter those of upright ways.
15. But their sword shall enter their own hearts, and their bows shall break.
16. Better the little of the righteous, than the abundant wealth of the wicked.
17. For the strength of the wicked will be broken, but the Lord supports the righteous.
18. The Lord appreciates the days of the innocent; their inheritance will last forever.
19. They will not be shamed in times of calamity, and in days of famine they will be satisfied.
20. For the wicked shall perish, and the enemies of the Lord are as fattened sheep: consumed, consumed in smoke.
21. The wicked man borrows and does not repay; but the righteous man is gracious and gives.
22. For those blessed by Him will inherit the earth, and those cursed by Him will be cut off.
23. The steps of man are directed by God; He desires his way.
24. When he totters he shall not be thrown down, for the Lord supports his hand.
25. I have been a youth, I have also aged; yet I have not seen the righteous forsaken, nor his offspring begging bread.
26. All day he is kind and lends; his offspring are a blessing.
27. Turn away from evil and do good, and you will dwell [in peace] forever.
28. For the Lord loves justice, he will not abandon his pious ones-they are protected forever; but the offspring of the wicked are cut off.
29. The righteous shall inherit the earth and dwell upon it forever.
30. The mouth of the righteous one utters wisdom, and his tongue speaks justice.
31. The Torah of his God is in his heart; his steps shall not falter.
32. The wicked one watches for the righteous man, and seeks to kill him.
33. But the Lord will not abandon him in his hand, nor condemn him when he is judged.
34. Hope in the Lord and keep His way; then He will raise you high to inherit the earth. When the wicked are cut off, you shall see it.
35. I saw a powerful wicked man, well-rooted like a vibrant, native tree.
36. Yet he vanished, behold he was gone; I searched for him, but he could not be found.
37. Watch the innocent, and observe the upright, for the future of such a man is peace.
38. But sinners shall be destroyed together; the future of the wicked is cut off.
39. The deliverance of the righteous is from the Lord; He is their strength in time of distress.
40. The Lord helps them and delivers them; He delivers them from the wicked and saves them, because they have put their trust in Him.
Chapter 38
A prayer for every individual, bewailing the length of the exile. One who is in distress should recite this psalm, hence its introduction, "A psalm... to remind" (to remind us to recite it in times of distress). One can also derive many lessons from it.
1. A psalm by David, to remind.
2. O Lord, do not rebuke me in Your anger, nor chastise me in Your wrath.
3. For Your arrows have landed in me, Your hand descended upon me.
4. There is no soundness in my flesh because of Your rage, no peace in my bones because of my sin.
5. For my iniquities have flooded over my head; like a heavy load, they are too heavy for me.
6. My wounds are rotted; they reek because of my foolishness.
7. I am bent and extremely bowed; all day I go about in gloom.
8. My sides are inflamed; there is no soundness in my flesh.
9. I am weakened and extremely depressed; I howl from the moaning of my heart.
10. My Lord, all that I desire is before You; my sighing is not hidden from You.
11. My heart is engulfed, my strength has left me; the light of my eyes they, too, are not with me.
12. My friends and companions stand aloof from my affliction; my intimates stand afar.
13. The seekers of my life have laid traps; those who seek my harm speak destructiveness; they utter deceits all day long.
14. But I am like a deaf man, I do not hear; like a mute that does not open his mouth.
15. I was like a man that does not perceive, and in whose mouth there are no rebuttals.
16. Because for You, O Lord, I wait; You will answer, my Lord, my God.
17. For I said, "Lest they rejoice over me; when my foot falters they will gloat over me.”
18. For I am accustomed to limping, and my pain is constantly before me.
19. For I admit my iniquity; I worry because of my sin.
20. But my enemies abound with life; those who hate me without cause flourish.
21. Those who repay evil for good resent me for my pursuit of good.
22. Do not forsake me, O Lord; do not be distant from me, my God.
23. Hurry to my aid, O my Lord, my Salvation.
Additional Three Chapters
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Today's Chapters are 16, 17 and 18.
Chapter 16
When one is in need, he should not implore God in his own merit, for he must leave his merits for his children.
1. A michtam,1 by David. Watch over me, O God, for I have put my trust in You.
2. You, [my soul,] have said to God, "You are my Master; You are not obligated to benefit me.”
3. For the sake of the holy ones who lie in the earth, and for the mighty-all my desires are fulfilled in their merit.
4. Those who hasten after other [gods], their sorrows shall increase; I will not offer their libations of blood, nor take their names upon my lips.
5. The Lord is my allotted portion and my share; You guide my destiny.
6. Portions have fallen to me in pleasant places; indeed, a beautiful inheritance is mine.
7. I bless the Lord Who has advised me; even in the nights my intellect admonishes me.2
8. I have set the Lord before me at all times; because He is at my right hand, I shall not falter.
9. Therefore my heart rejoices and my soul exults; my flesh, too, rests secure.
10. For You will not abandon my soul to the grave, You will not allow Your pious one to see purgatory.
11. Make known to me the path of life, that I may be satiated with the joy of Your presence, with the bliss of Your right hand forever.
Chapter 17
A loftily person should not ask God to test him with some sinful matter, or other things. If one has sinned, he should see to reform himself, and to save many others from sin.
1. A prayer by David. Hear my sincere [plea], O Lord; listen to my cry; give ear to my prayer, expressed by guileless lips.
2. Let my verdict come forth from before You; let Your eyes behold uprightness.
3. You have probed my heart, examined it in the night, tested me and found nothing; no evil thought crossed my mind; as are my words so are my thoughts.
4. So that [my] human deeds conform with the words of Your lips, I guard myself from the paths of the lawbreakers.
5. Support my steps in Your paths, so that my feet shall not falter.
6. I have called upon You, for You, O Lord, will answer me; incline Your ear to me, hear what I say.
7. Withhold Your kindness-O You who delivers with Your right hand those who put their trust in You-from those who rise up against [You].
8. Guard me like the apple of the eye; hide me in the shadow of Your wings
9. from the wicked who despoil me, [from] my mortal enemies who surround me.
10. Their fat has closed [their hearts]; their mouths speak arrogantly.
11. They encircle our footsteps; they set their eyes to make us stray from the earth.
12. His appearance is like a lion longing to devour, like a young lion lurking in hiding.
13. Arise, O Lord! Confront him, bring him to his knees; rescue my soul from the wicked [who serves as] Your sword.
14. Let me be among those whose death is by Your hand, O Lord, among those who die of old age, whose portion is eternal life and whose innards are filled with Your concealed goodness; who are sated with sons and leave their abundance to their offspring.
15. Because of my righteousness, I shall behold Your countenance; in the time of resurrection, I will be sated by Your image.
Chapter 18
If one merits a public miracle, he should offer a song to God, including in his song all the miracles that have occurred since the day the world was created, as well as the good that God wrought for Israel at the giving of the Torah. And he should say: "He Who has performed these miracles, may He do with me likewise."
1. For the Conductor. By the servant of the Lord, by David, who chanted the words of this song to the Lord on the day the Lord delivered him from the hand of all his enemies, and from the hand of Saul.
2. He said, "I love You, Lord, my strength.
3. The Lord is my rock, my fortress, and my rescuer. My God is my strength in Whom I take shelter, my shield, the horn of my salvation, my stronghold.
4. With praises I call upon the Lord, and I am saved from my enemies.
5. For the pangs of death surrounded me, and torrents of evil people terrified me.
6. Pangs of the grave encompassed me; snares of death confronted me.
7. In my distress I called upon the Lord, I cried out to my God; and from His Sanctuary He heard my voice, and my supplication before Him reached His ears.
8. The earth trembled and quaked; the foundations of the mountains shook-they trembled when His wrath flared.
9. Smoke rose in His nostrils, devouring fire blazed from His mouth, and burning coals flamed forth from Him.
10. He inclined the heavens and descended, a thick cloud was beneath His feet.
11. He rode on a cherub and flew; He soared on the wings of the wind.
12. He made darkness His concealment, His surroundings His shelter-of the dense clouds with their dark waters.
13. Out of the brightness before Him, His clouds passed over, with hailstones and fiery coals.
14. The Lord thundered in heaven, the Most High gave forth His voice-hailstones and fiery coals.
15. He sent forth His arrows and scattered them; many lightnings, and confounded them.
16. The channels of water became visible, the foundations of the world were exposed-at Your rebuke, O Lord, at the blast of the breath of Your nostrils.
17. He sent from heaven and took me; He brought me out of surging waters.
18. He rescued me from my fierce enemy, and from my foes when they had become too strong for me.
19. They confronted me on the day of my misfortune, but the Lord was my support.
20. He brought me into spaciousness; He delivered me because He desires me.
21. The Lord rewar-ded me in accordance with my righteousness; He repaid me according to the cleanliness of my hands.
22. For I have kept the ways of the Lord, and have not transgressed against my God;
23. for all His laws are before me, I have not removed His statutes from me.
24. I was perfect with Him, and have guarded myself from sin.
25. The Lord repaid me in accordance with my righteousness, according to the cleanliness of my hands before His eyes.
26. With the kindhearted You act kindly, with the upright man You act uprightly.
27. With the pure You act purely, but with the crooked You act cun- ningly.
28. For the destitute nation You save, but haughty eyes You humble.
29. Indeed, You light my lamp; the Lord, my God, illuminates my darkness.
30. For with You I run against a troop; with my God I scale a wall.
31. The way of God is perfect; the word of the Lord is pure; He is a shield to all who take refuge in Him.
32. For who is God except the Lord, and who is a rock except our God!
33. The God Who girds me with strength, and makes my path perfect.
34. He makes my feet like deers', and stands me firmly on my high places.
35. He trains my hands for battle, my arms to bend a bow of bronze.
36. You have given me the shield of Your deliverance, Your right hand upheld me; Your humility made me great.
37. You have widened my steps beneath me, and my knees have not faltered.
38. I pursued my enemies and overtook them; I did not turn back until I destroyed them.
39. I crushed them so that they were unable to rise; they are fallen beneath my feet.
40. You have girded me with strength for battle; You have subdued my adversaries beneath me.
41. You have made my enemies turn their backs to me, and my foes I cut down.
42. They cried out, but there was none to deliver them; to the Lord, but He did not answer them.
43. I ground them as the dust before the wind, I poured them out like the mud in the streets.
44. You have rescued me from the quarrelsome ones of the people, You have made me the head of nations; a nation I did not know became subservient to me.
45. As soon as they hear of me they obey me; strangers deny to me [their disloyalty].
46. Strangers wither away, they are terrified in their strongholds.
47. The Lord lives; blessed is my Rock; exalted is the God of my deliverance.
48. You are the God Who executes retribution for me, and subjugates nations under me.
49. Who rescues me from my enemies, Who exalts me above my adversaries, Who delivers me from the man of violence.
50. Therefore I will laud You, Lord, among the nations, and sing to Your Name.
51. He grants His king great salvations, and bestows kindness upon His anointed, to David and his descendants forever."
Tanya: Iggeret HaKodesh, beginning of Epistle 11• Lessons in Tanya
• Friday, Elul 6, 5775 · August 21, 2015
Today's Tanya Lesson
Iggeret HaKodesh, beginning of Epistle 11
Like most of the components of Iggeret HaKodesh, this pastoral letter too was addressed to the chassidic community as a whole. Why, then, echoing the words first addressed to Daniel (“To enlighten you with understanding”),1 does the Alter Rebbe open it in the singular?
In this letter the Alter Rebbe demands spiritual service of a caliber so seemingly formidable as to be attainable only by a chosen few. For in it he calls upon the reader not to desire physical things, even those things that are essential for his wellbeing and utilized in his service of G‑d.
Even such essentials, states the Alter Rebbe, should not be desired for their physicality but for their spirituality, for the spark of G‑dliness found within them. So much so, that even if a person finds that he is lacking (G‑d forbid) life’s essentials, he should not be pained by their absence; rather he should rejoice in his belief that this is indeed for his good, as shall soon be explained. Such a lofty response to deprivation would seem to be within the reach of only a very restricted elite.
The Alter Rebbe therefore begins this letter in the singular, indicating that every single individual can attain this level of divine service. For it requires only an absolute faith in G‑d, and this lies hidden within every Jew; let him but unveil this faith, and he will be able to live by it.
להשכילך בינה
“To enlighten you with understanding”
כי לא זו הדרך ישכון אור ה׳
that not by this path will the light of G‑d dwell within [one],2
להיות חפץ בחיי בשרים, ובני ומזוני
i.e., by desiring the3 “life of flesh,” and children, and sustenance,
The Alter Rebbe is negating a desire that emanates from a craving for pleasure, rather than a desire that results from purposeful need.
כי על זה אמרו רז״ל: בטל רצונך כו׳
for on this our Sages, of blessed memory, said,4 “Nullify your will [out of deference to His will].”
דהיינו, שיהיה רצונו בטל במציאות, ולא יהיה לו שום רצון כלל בעניני עולם הזה כולם
This means not that one should set aside his own will because it does not coincide with G‑d’s will, but that from the outset one’s will should be [so] nullified that he has no desire whatever for any worldly matters
הנכללים בבני, חיי ומזוני
that are incorporated within the three general categories of5 “children, life, and sustenance.”
Although these are essentials, and though they affect one’s divine service, they should be desired not for themselves, but only insofar as they further the accomplishment of one’s spiritual tasks.
The above directive to “nullify” thus implies bittul bimetziut, an utter nullification of the self. Confronted by a scholar of stature, a lesser scholar may experience self-effacement — but he still remains a self-assertive personality. Utter nullification, by contrast, means that this sensation of self ceases to exist. In similar vein, nullifying one’s own wishes before G‑d connotes the absence of any wishes other than G‑d’s.
וכמאמר רז״ל: שעל כרחך אתה חי
[One should thus live] in the spirit of the teaching of our Sages, of blessed memory, that6 “Against your will do you live.” I.e., one should view the corporeal aspects of his life as being contrary to his will, and surely so with regard to the corporeal aspects of children and sustenance.
The Alter Rebbe now goes on to explain how a Jew can achieve a total lack of yearning for the physicality of things, even things that are essential. According to the explanation that follows, it will be seen that one can go beyond this, and even not be pained by their absence. Indeed, this equanimity in the face of deprivation proves that he derives no pleasure from these things when he does have them.
For it is possible for a person not to derive (conscious) pleasure from something7 and still delight in it subconsciously; the proof of this is that he grieves mightily at its loss, and pain is the exact counterpart of pleasure.
וביאור הענין
The clarification of this matter, how one can achieve a state of not desiring the physicality of even those things most crucial to his existence, [is as follows]:
הוא רק אמונה אמיתית ביוצר בראשית
This [can be achieved] only [when there is] an absolute belief in the Yotzer Bereishit.
Literally, as in the opening words of the Aleinu prayer,8 this phrase refers to G‑d as “the One Who formed the first beginnings of Creation.” In the Kabbalistic lexicon, however, reishit also connotes the Sefirah called Chochmah (lit., “wisdom”). The Alter Rebbe hence uses this phrase here to allude to G‑d as “the One Who created [everything] by means ofreishit,” i.e., by means of the Sefirah of Chochmah.
דהיינו שהבריאה יש מאין, הנקראת ראשית חכמה
This means that the creation of yesh (“that which exists”) out of the state of ayin (lit., “nothingness”) which is called reishit Chochmah,
Loosely, the phrase yesh me’ayin means “something from nothing,” i.e., creation ex nihilo. Here, however, the meaning ofayin is not “non-being” or “non-existence”, for we cannot say that the source of creation is “non-being” when9 “Everything is from You”: all of creation comes from G‑dliness, the only entity that has true existence. Rather, ayin here means “incomprehensible”, for that which a created being understands he terms “existing” while that which totally transcends his understanding he denotes as “non-existing”, inasmuch as it does not exist within the world of his understanding.
Yesh me’ayin thus describes the creation of something that comes into existence from the ayin of Chochmah. Chochmahin turn is known as reishit (lit., “first”), as in the verse,10 “Reishit chochmah....” The level of emanation called Chochmah is deemed to be “first” because it is the first of the Sefirot and as such serves as a source of creation, unlike the levels of Divinity preceding it which are too high, so to speak, to emanate down to the level of creation.
והיא חכמתו שאינה מושגת לשום נברא
i.e., the Divine [Sefirah of] Chochmah which is not apprehensible to any created being, and which is the level of Divinity described above as Yotzer Bereishit, that refers to G‑d as “the One Who created [everything] by means ofreishit,” i.e., by means of the Sefirah of Chochmah, —
הבריאה הזאת היא בכל עת ורגע
this creation occurs at every time11 and moment
שמתהוים כל הברואים יש מאין
at which all created beings come into being ex nihilo (yesh me’ayin)
מחכמתו יתברך המחיה את הכל
through G‑d’s wisdom which animates everything.12
G‑d not only vitalizes all beings but also creates them, and since creation takes place ex nihilo it must occur constantly.
For it is explained at length in the teachings of Chassidut that the relationship between Creator and created differs from the ilah ve’alul (“cause and effect”) relationship of, for example, intellect and emotions. Once emotions are brought about by the intellect, they can then continue to exist independently, because in truth the intellect merely serves to reveal pre-existing emotions; it does not actually create them.
Creation ex nihilo however, involves creating a being that previously did not exist at all. The ayin that creates must therefore continuously vest itself within the created being, so as to constantly effect the phenomenon of creation. (This is explained in Shaar HaYichud VeHaEmunah,13 a priori from the splitting of the Red Sea.)
This is also the meaning of the statement,14 “He Who in His goodness renews each day, continuously, the work of creation....” G‑d constantly creates the universe anew from the ayin of Chochmah.
וכשיתבונן האדם בעומק הבנתו
Now when a man will contemplate in the depths of his understanding
ויצייר בדעתו הווייתו יש מאין בכל רגע ורגע ממש
and will [moreover] picture in his mind how he comes into being ex nihilo at every single moment, so that he is affected at every moment of his existence by G‑d’s wisdom,
האיך יעלה על דעתו כי רע לו
how can he entertain the thought that he is suffering,
או שום יסורים מבני, חיי ומזוני
or has any afflictions related to “children, life, i.e., health, and sustenance,”
או שארי יסורין בעולם
or whatever other worldly sufferings?
הרי האין, שהיא חכמתו יתברך, הוא מקור החיים והטוב והעונג
For the ayin which is G‑d’s Chochmah is the source of life, goodness and delight.
והוא העדן שלמעלה מעולם הבא
It is the Eden that transcends the World to Come,
The World to Come — the Garden of Eden — is the most sublime form of bliss experienced by the soul in apprehending G‑dliness. This level, lofty as it may be, is however but a garden, a stage once removed from the spiritual delights which flow to it from the source which is called Eden. It is this level of Divinity that constantly creates and vitalizes all living beings.
רק מפני שאינו מושג, לכן נדמה לו רע או יסורים
except that, because it is not apprehensible, one imagines that he is suffering, or afflicted.
אבל באמת, אין רע יורד מלמעלה, והכל טוב
In truth, however,15 “No evil descends from above,” and everything is good,
רק שאינו מושג, לגודלו ורב טובו
though it is not apprehended [as such] because of its immense and abundant goodness, at a level which is inconceivable to man.
The life-force of all things, even those that we perceive as evil, as found within its source is truly good. In fact, it is such a lofty manner of good that it remains faithful to its source, and as such is not apprehensible to man as good. In this it differs from the other form of good that is able to descend to so low a level that even mortals can perceive its goodness. This higher form of goodness, because it retains its status at the outset of its revelation, is clothed in this world in a garb of pain and evil, inasmuch as its goodness has yet to be revealed to man.
This may be more fully understood in light of the Alter Rebbe’s explanation16 of the verse,17 “Happy is the man whom You, G‑d, chasten.” (In the original of this verse in the Holy Tongue, the Divine Name is spelled with yud and hei, which are also the first two letters of the Four-Letter Divine Name.) The Alter Rebbe explains there that suffering stems from the revelation of these first two letters “in the hidden world” (i.e., on a plane which is hidden from our understanding), before the revelation of the latter two letters (vav and hei) descends into the “revealed world.” Thus, suffering as found within its source is truly good.
In this spirit, the Alter Rebbe explains18 the conduct of Nachum Ish Gamzu, whose response to all occurrences was the remark,19 Gam zu letovah — “This, too, is for the good.” This remark not only meant that an event that seemed to be evil would eventually evolve into good, but that the event itself, by virtue of its source, was good in its present form as well; its inherent goodness would be revealed at some later date.
וזהו עיקר האמונה שבשבילה נברא האדם
להאמין דלית אתר פנוי מיניה
to believe that22 “There is no place void of Him” — i.e., G‑d is everywhere —
ובאור פני מלך, חיים
and23 “In the light of the King’s countenance there is life.”
When one encounters the King face to face, he is granted life. If in this temporal world a man sentenced to death should encounter his king, his sentence may be commuted and he is granted life, for “In the light of the king’s countenance there is life.” The same is true Above: the omnipresence of G‑d, the King of the world, provides everything with life.
ועל כן עוז וחדוה במקומו
Accordingly,24 “Strength and gladness are in His place,”
The fact that G‑d is found everywhere should encourage a man by strengthening his trust, and thereby fill him with joy, for whatever predicament he finds himself in, G‑d is there too. And wherever G‑d is present, there is “strength and gladness.”
הואיל והוא רק טוב כל היום
because He is but good all the time.
| FOOTNOTES | |
| 1. | Daniel 9:22. |
| 2. | Cf. Iyov 38:19. |
| 3. | Cf. Mishlei 14:30. |
| 4. | Avot 2:4. |
| 5. | Cf. Moed Katan 28a. |
| 6. | Avot 4:22. |
| 7. | Note of the Rebbe: “In the words of the adage, ‘A constant delight is no delight.’” |
| 8. | Siddur Tehillat HaShem, p. 84. |
| 9. | I Divrei HaYamim 29:14. |
| 10. | Tehillim 111:10; Mishlei 4:7. |
| 11. | See footnote 25, below. |
| 12. | Note of the Rebbe: “As above in Shaar HaYichud Veha Emunah, ch. 2.” |
| 13. | Loc. cit. |
| 14. | Morning prayers; Siddur Tehillat HaShem, p. 44. |
| 15. | Cf. Bereishit Rabbah 51:3. |
| 16. | In ch. 26 of Part I, above. |
| 17. | Tehillim 94:12. |
| 18. | Likkutei Torah, Bamidbar 62a. |
| 19. | Taanit 21a. |
| 20. | Note of the Rebbe: “Cf. Raaya Mehemna, Zohar II, 25a; the beginning of the [Mishneh Torah of the] Rambam; and above, p. 83b [i.e., Shaar HaYichud VehaEmunah, ch. 7].” |
| 21. | Note of the Rebbe: “From this phrase one may understand that from here on the Alter Rebbe adds a vital emphasis regarding the conclusion drawn from the above contemplation: (a) it should affect one at every moment and hour, and (b) one should truly live with it.” |
| 22. | Tikkunei Zohar, Tikkun 57. |
| 23. | Mishlei 16:15. |
| 24. | I Divrei HaYamim 16:27. |
• Sefer Hamitzvos:
Friday, Elul 6, 5775 · August 21, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 245
Robbery
"Do not commit robbery"—Leviticus 19:13.
It is forbidden to rob, i.e., to unlawfully appropriate another's possessions through use of brute force or coercion [as opposed to theft – a prohibition in its own right – that is accomplished stealthily].
Robbery
Robbery
Negative Commandment 245
Translated by Berel Bell
The 245th prohibition is that we are forbidden from committing robbery, i.e. taking something which isn't ours by open force and violence.
The source of this prohibition is G‑d's statement1 (exalted be He), "Lo sigzol" ["You may not commit robbery"] — as explained in the Oral Tradition,2 "The phrase 'Lo sigzol' is similar to 'Vayigzol [and he forcibly grabbed] the spear from the Egyptian's hand.' "3
This prohibition is a lav she'nitak l'aseh (a prohibition with a remedial positive commandment), i.e. the verse,4 "He must return the article that he stole." However, even if he nullified the positive commandment,5 he still does not receive lashes [unlike the regular lav she'nitak l'aseh] because a person cannot be penalized both by repayment and lashes.
[He must anyway repay] because it is a lav shenitan l'tashlumin (a prohibition that can be repaid): if he burned the object or threw it into the sea, he must pay back the value. If he denied stealing the object and swore falsely to that effect, he must pay back an additional fifth6 and bring a guilt-offering, as explained in the proper place.7 This is also explained in the end of tractate Makkos.8
The details of this mitzvah are explained in the 9th and 10th chapters of tractate Bava Kama.
FOOTNOTES
1.Lev. 19:13.
2.Bava Kama 79b.
3.Shmuel II, 23:21.
4.Lev. 5:23.
5.If he destroyed the stolen object, for example, and it therefore cannot be returned. See Hilchos Gezeilah V'Aveidah 1:1.
6.Of the total payment, i.e. 1/4th of the value.
7.P71.
8.16a.
Yibbum vChalitzah - Chapter Six
Halacha 1
There are brothers who are fit to perform either the rite of yibbum or the rite ofchalitzah. There are brothers who are not fit to perform either the rite of yibbumor the rite of chalitzah. [The deceased's wives] are under no obligation to them at all; they may marry another man. There are brothers who are fit to perform the rite of chalitzah but not the rite of yibbum, and there are brothers who are fit to perform the rite of yibbum but not the rite of chalitzah.1
Halacha 2
Halacha 3
These are [the brothers] who are fit to perform the rite of yibbum,5 but not the rite of chalitzah: a deaf-mute, a mentally incompetent man and a minor. [The rationale is that] they lack the mental competence to perform chalitzah.
When a deaf-mute performs yibbum, he may never divorce [his yevamah]. For by entering into relations with her, he establishes a marriage bond that is completely binding, and he is incapable of divorcing a woman in a completely effective manner.6
[When a yavam who is below the age of majority but more than] nine years and one day old performs yibbum, [he acquires his yevamah as a wife]. He may not, however, divorce [her] until he attains majority, as we have explained.7
Halacha 4
These are [the brothers] who are fit to perform the rite of chalitzah, but not the rite of yibbum: those whose status is in doubt - e.g., there is a doubt whether ayevamah is forbidden to [the deceased's] brother,8 a man with crushed testicles, or a crushed member, or who has been castrated in any other way,9and an elderly man whose virility has been weakened and he is incapable.
If [a yavam] who has been castrated enters into relations [with his yevamah], he acquires [her as a wife], for there was a time when he was sexually potent. He must, however, divorce her with a get, because he is forbidden to marry [a native-born Jewess].
A tumtum10 should perform chalitzah, but not yibbum, because his status is one of doubt. If an operation is performed, and it is revealed that he is a male, he may perform either chalitzah or yibbum, as he desires.11
Brothers [of the deceased who are not in any of the categories listed above] may perform either chalitzah or yibbum.
Halacha 5
There are yevamot who are fit to perform either the rite of chalitzah or the rite of yibbum. There are yevamot who are not fit to perform either the rite ofyibbum or the rite of chalitzah. They are under no obligation to [the deceased's brothers] at all, and they may marry another man. There are yevamot who are fit to perform the rite of chalitzah, but not the rite of yibbum, and there areyevamot who are fit to perform the rite of yibbum but not the rite of chalitzah.12
Halacha 6
These are [the yevamot] who may perform the rite of yibbum, but not the rite ofchalitzah: a deaf-mute, a mentally incompetent woman and a minor.13
[The rationale why they cannot perform chalitzah is that] they lack the mental competence to read and to understand. If the yavam desires to divorce the deaf-mute with a get after he engages in relations with her, he may.14
Halacha 7
These are [the yevamot] who may perform the rite of chalitzah, but not the rite of yibbum: [Women who are] forbidden [to the yavam] because of a negative commandment, [because of a Rabbinic ordinance - i.e.,] sh'niyot, or because of a positive commandment, as will be explained.15
Whenever there is a doubt whether or not a woman was divorced [by the deceased], she should perform chalitzah and not yibbum, lest the yavam violate a prohibition. For a brother's wife who was divorced is forbidden as an ervah.16If, however, there was a doubt regarding whether a woman was consecrated to one's [deceased] brother, her status is like that of another yevamah, and she may perform either chalitzah or yibbum. For there is no possibility of [a prohibition being involved].17
Similarly, the wife of a deaf-mute,18 an elderly woman or a woman who has become barren are like other yevamot. The yavam may perform eitherchalitzah or yibbum, as he desires. [The rationale is that] the elderly woman and the woman who has become barren were once fit [to bear children].
Halacha 8
The following are not obligated to perform either chalitzah or yibbum: the wife of a saris chamah or the wife of an androgynous, the wife of a mentally incompetent person or the wife of a minor, an aylonit, or a woman forbidden [to her yavam] as one of the arayot.
[The rationale for these laws is as follows. Deuteronomy 25:6 states thatyibbum was instituted:] "So that the name of [the deceased] not be obliterated within Israel."19 This excludes the wife of a saris chamah or the wife of anandrogynous, for their names are "obliterated" by nature. Since they are inherently unfit to father children, they are considered to be a separate category.
[The verse continues:] "And the firstborn that she bears." This excludes anaylonit, who is, by nature, incapable of bearing a child.
It is written [ibid:5]: "The wife of the deceased...." This excludes the wife of a mentally incompetent person or the wife of a minor - for with regard to them, there is no concept of marriage at all.
[The verse continues:] "And he will take her as a wife." This excludes a woman forbidden [to her yavam] as one of the arayot, for she cannot be taken as a wife.20
Halacha 9
How is it possible for a woman to be forbidden [to her yavam] as one of thearayot?21 For example, [the yevamah] was the sister, the mother, or the daughter of [the yavam's] wife. Such a woman is not obligated to perform eitherchalitzah or yibbum at all and is under no obligation to [the yavam], as implied by the verse: "And he shall take her as a wife, thus performing yibbum." Only a woman who is fit to be married, and whose consecration [by the yavam] is binding is obligated to perform yibbum.
Halacha 10
If the yevamah was forbidden to her yavam because of a negative commandment or a positive commandment, or she was one of the sh'niyot, she should perform chalitzah, but not yibbum.
Why is she obligated to perform chalitzah? Because she is fit to be married, and her consecration [by the yavam] would be binding.22 Therefore, she is under obligation to the yavam. And according to law, she should perform yibbum, foryibbum is a positive commandment, and whenever the observance of a positive commandment conflicts with the observance of a negative commandment, the positive commandment takes precedence.23 Nevertheless, our Sages decreed that neither woman with whom relations are prohibited by a negative commandment, nor sh'niyot24 should perform yibbum, lest [the yavam] engage in relations with her a second time. [At that time,] relations with her are forbidden, and there is no mitzvah, for the positive commandment [of yibbum] applies only with regard to the first time [the couple] engage in relations.
Therefore, if [the yavam] transgresses and engages in relations with a yevamahwho is forbidden to him because of a negative commandment or because of a positive commandment, he acquires her [as his wife] in definitive manner and must divorce her with a get. Needless to say, [this ruling applies] with regard to a sh'niyah.25 [After the divorce, the yevamah] and all the other wives [of the deceased] are permitted to marry other men, for they have been released of their obligation.
Halacha 11
When a yevamah has been widowed after her marriage [to the deceased] had been consummated, and a High Priest performs yibbum with her, the other wives [of the deceased] are not released from their obligation. [The rationale is that a positive commandment does not supersede a negative commandment and a positive commandment.26 [Therefore,] he does not acquire [the yevamahas a wife] in a definitive manner, and as such, another wife [of the deceased]27is not permitted to marry another man until she performs chalitzah [herself].
Halacha 12
[The following principle applies when] a yevamah was forbidden to her [deceased] husband as one of the arayot - e.g., he transgressed or he erred and married his paternal sister, and she is now under obligation to his brother.28 She is not considered to be [the deceased's] wife, for his consecration of her is not binding. [As such,] she is neither obligated to performyibbum nor chalitzah.
If [the deceased] had another wife, the other wife must perform either chalitzahor yibbum. If the woman who was forbidden to her [deceased] husband as one of the arayot is permitted to the yavam,29 and the yavam desires to marry her and also to perform yibbum with another wife [of the deceased], he has that option.30
Halacha 13
When a yevamah is forbidden to her husband because of a negative commandment or a positive commandment,31 or she is a sh'niyah with regard to him,32 but is not forbidden to the yavam for these reasons, she is permitted to perform yibbum. There is one exception - when the deceased remarried his divorcee after she had married another man. She should perform chalitzah and not yibbum.
Similarly, when there is a doubt whether a yevamah was forbidden to her [deceased] husband as one of the arayot, or33 there is a doubt whether she is forbidden to her yavam for that reason, she should perform chalitzah and notyibbum.
On this basis, [the following rules apply when] a man [attempted to] consecrate a woman, but there was a doubt regarding the status of the kiddushin, and afterwards, his brother, who had been married to the sister [of the woman he intended to consecrate], died. He should perform chalitzah and not yibbum with the wife [of the deceased].34 And because of the doubt, he must divorce his wife with a get.
Both women are forbidden to him: his yevamah because there is a doubt whether she is an ervah, and the woman he consecrated because there is a doubt whether her status is that of one related to a woman with whom he performed chalitzah, who is forbidden as a sh'niyah is, as explained above.35
Halacha 14
[The following principle applies when a man's] brother dies [childless] leaving two wives: one forbidden to [the yavam] as an ervah,36 and one who is not forbidden in this manner. Just as the woman who is forbidden is not under the obligation to perform chalitzah or yibbum, so too, [the deceased's] other wives are not obligated.
This household is not under any obligation [to the yavam], as our Sages derived from [Deuteronomy 25:9]: "...Who did not build his brother's house": [Women from] a household from which he can take [any wife] he desires is under obligation [to the yavam]. But if he cannot "build" a portion of the household - i.e., he is forbidden to marry the woman - he should not "build" even the portion that is permitted to him.
Thus, [when one of the wives of the deceased] is forbidden to [the yavam] as an ervah, the other wife also remains forbidden to him as an ervah. [She is still forbidden as] his brother's wife, for she is not under any obligation at all to him.
Halacha 15
Accordingly, [the following rules apply when] Reuven dies [childless], leaving two wives, one of whom is forbidden as an ervah to [his brother] Shimon, and both are fit to marry [his brother] Levi.37 [The wives of] this household are under no obligation at all to Shimon, and both are under obligation to Levi.
[The following rule applies if] Levi performed yibbum with the woman who was married [to Reuven] but who was not an ervah to Shimon, [Levi] had another wife, and then he died [childless], and both women fell before to Shimon. They are both free of the obligation to perform either chalitzah or yibbum with Shimon.38 [Levi's yevamah] is forbidden because she was married to the same man as was a woman forbidden [to Shimon] as an ervah, and the other wife is forbidden because she was married to the same man [as the yevamah].
This principle applies whenever a woman is married to the same man as a woman who was the other wife [of a woman forbidden to the yavam] and to any further extension of this principle.39 As long as a woman is under no obligation [to her yavam], she remains forbidden to him as his brother's wife.
Halacha 16
Similarly, the wife of a brother who died before [his younger brother was born is forbidden to him]. She is under no obligation to him, as implied by [Deuteronomy 25:5]: "When brothers dwell together," interpreted to mean: when they live at the same time. She remains forbidden to him forever, and she frees all of her husband's other wives from an obligation to him.
Halacha 17
What is implied? Reuven died [childless], leaving a wife who fell before Shimon [his brother]. After Reuven died, whether before Shimon performed yibbum with Reuven's wife or afterwards, Levi [another brother] was born.
Reuven's wife remains forbidden to Levi as an ervah forever. Therefore, if Shimon dies [childless], and this woman and another woman [who was married to Shimon] fall before Levi, neither are obligated to perform chalitzah or yibbum.
Halacha 18
[Moreover,] if Shimon [merely] gave a ma'amar to his yevamah, Reuven's wife, and died before he consummated his relationship with her, Levi should performchalitzah with [Shimon's] other wife, but not yibbum. [The rationale is] that ama'amar does not establish a completely binding relationship with a yevamah, as we have explained.40
Halacha 19
When a woman willingly commits adultery while married to her husband, and [her act is observed by] witnesses [he is required to divorce her].41 If he died [childless] before he divorced her, and she fell before a yavam, she is not obligated to perform chalitzah or yibbum. Moreover, [her deceased husband's] other wives are also [not obligated to perform chalitzah or yibbum], as if she were forbidden to the yavam as an ervah. For just as impurity is mentioned with regard to the arayot,42 so too, that term is mentioned with regard to such a woman, as [Numbers 5:13] states: "And she became impure."43
When, however, the husband of a sotah dies [childless] before he has caused her to her drink the bitter waters,44 or if the woman must be divorced instead of drinking the bitter waters,45 she should perform chalitzah, but not yibbum.46Similarly, if [her deceased husband] had another wife, that woman is permitted [to the yavam] and may perform chalitzah or yibbum.
Halacha 20
Similar rules [apply] if two yevamot come from one household and one of them was a sh'niyah to the yavam, [forbidden to him because of] a negative commandment or a positive commandment, or an aylonit - another wife of [her deceased husband] is permitted [to the yavam] and may perform chalitzah oryibbum.
[Different rules apply, however, when a yavam] performed chalitzah with hisyevamah, and then the sister, the mother, or another [close relative] of the woman with whom he performed chalitzah married another one of his brothers, that brother has another wife, and [the brother] dies [childless].47 Just as the close relative of the woman with whom he performed chalitzah is forbidden to him, so too, is the other wife forbidden to him. Their status is like sh'niyot, and they should perform chalitzah, but not yibbum.
Why did the Sages forbid [marriage] to a close relative of a woman with whom one performed chalitzah? Because it is difficult to distinguish her from a woman married to the same man as a woman with whom one performed chalitzah.48
Halacha 21
When two yevamot come from one household and one of them was forbidden to the yavam as an ervah, but she was also an aylonit, the other wife of [the deceased husband] is permitted [to the yavam] and may perform chalitzah oryibbum. [The rationale is that] since the laws of yibbum and chalitzah do not apply with regard to an aylonit, it is as if she did not exist, and the obligation [ofyibbum] falls on the other wife alone.
Similarly, if [the deceased] brother divorced the woman forbidden as an ervahor she dissolved their marriage through] mi'un before he died, or she died during the lifetime of the deceased brother, and then he died, his other wife is permitted and should perform either chalitzah or yibbum. We do not say that since she was married to the same man as an ervah once, she remains forbidden forever. For a woman married to the same man as an ervah does not become forbidden [to the yavam] unless they were [both married to the same man at the time of his death, when] the obligation of yibbum takes effect.
Halacha 22
[In the situation mentioned in Halachah 14,] if there was a doubt regarding the status of the kiddushin of [the woman] who was forbidden to the yavam as anervah or there was a doubt that she was divorced, the other wife [of the deceased brother] should perform chalitzah, but not yibbum.49
[The same ruling applies if the woman who was forbidden] was a minor who is fit to absolve her marriage through mi'un, if she did not dissolve her marriage [to the deceased] brother during his lifetime, even though she did dissolve her obligation to] the yavam through mi'un,50 another woman married to her husband must perform chalitzah; she may not perform yibbum.
Halacha 23
[In the situation mentioned in Halachah 14,] if the other woman [married to the deceased brother] married another man, and then it was discovered that [the woman forbidden to the yavam as] an ervah was an aylonit,51 the woman who married must be released by both her [second] husband and her yavam. Her [second] husband must divorce her with a get, while her yavam must performchalitzah with her. [In this way,] she is permitted to marry another man.
Halacha 24
[In the above situation], if the yavam performed yibbum with the other wife of the deceased, because he thought that the woman forbidden to him as anervah was an aylonit, and it was discovered that she was not an aylonit, theyavam must divorce [the woman with whom he performed yibbum] with a get.52Any child [she bears him] is illegitimate.53
Halacha 25
[In the following situation, chalitzah and not yibbum is required.] There were three brothers. Two were married to two sisters, and one was married to a woman who did not share a family connection. If the brother married to the woman who was not related died [childless], and then one of the brothers married to one of the sisters died [childless], [the remaining brother] should perform chalitzah but not yibbum, with the woman who did not share a family connection54. [The rationale is that] she was obligated to the second brother, and his other wife was the sister [of the surviving yavam's] wife.55
Moreover, even if one of the brothers who married one of the sisters divorced his wife after the brother married to the woman who was not related died [childless], and then he himself dies [childless], [the remaining brother] should perform chalitzah, but not yibbum, with the woman who did not share a family connection. Since there was even one moment when this woman was obligated to the second brother while his other wife was the sister [of the survivingyavam's] wife [this prohibition was enforced].56 For if [he] were [allowed to] perform yibbum with her, it is possible that [in such a situation, a brother] might perform yibbum with such a woman even when the second brother who died did not divorce his wife.
Halacha 26
Why was this decree not applied when a marriage was involved? For example, if [a brother is married to two women,] one of them is forbidden [to his brother] as an ervah and one is not. If he divorces the wife who is forbidden and then dies childless, [the surviving brother] may perform yibbum with the wife [of the deceased brother], as we have explained.57
[The distinction is that] the prohibition against [performing yibbum] with a wife [of one's deceased brother] when one of his wives is forbidden [to the yavam] as ervah is known by all.58 Thus, if [the deceased brother] did not divorce the woman forbidden [to the yavam], no one would allow him [to perform yibbumwith his brother's] other wife. The prohibition against [performing yibbum with] a woman who was obligated to [a man whose] other wife is forbidden [to theyavam] is not known to all, and it is possible that [in such a situation, a brother] might be allowed to [perform yibbum with] such a woman even when [the second brother who died] did not divorce the forbidden woman.
Halacha 27
[In the following situation, chalitzah and not yibbum is required.] There were three brothers, all married to women who did not share any family connection. One of the brothers died [childless]. Another gave his yevamah a ma'amar, but died [childless] before he consummated his marriage to her. Thus, this woman and the wife of the second brother fell before the third brother.
These women should perform chalitzah, but not yibbum, because the woman who was given the ma'amar has two obligations for yibbum incumbent on her.59As such, it is as if she had been married to two men. Our Sages interpreted the phrase [Deuteronomy 25:5] "the wife of the deceased," as a restriction. [One may perform yibbum with the wife of one deceased man,] but not [the wife of] two deceased men.60
Therefore, whenever a woman has two obligations for yibbum incumbent on her, she should perform chalitzah, but not yibbum. The same applies to the woman married to [the second brother who died]. The prohibition [against performing yibbum with these women] is Rabbinic in origin.61
Halacha 28
Why does [the yavam] not merely perform chalitzah with the woman who was given the ma'amar and is thus obligated to perform yibbum because of two men, and then perform yibbum with the [first] wife of [the deceased brother]? This is a decree instituted so that people will not say that when there are twoyevamot coming from one household, one should perform chalitzah and the other yibbum.62 For this reason, [the Sages] forbade [performing yibbum with the deceased's first] wife.
Halacha 29
[In the above instance, if the second brother] gave his yevamah a ma'amar and then gave her a get [to nullify] the ma'amar, [different rules apply] if he dies. [The woman] becomes permitted [to the third brother], for the ma'amar that caused her to be forbidden was nullified. He may perform either chalitzah oryibbum with her.63
Halacha 30
[In the following situation, chalitzah and not yibbum is required. A yavam] who is below the age of majority, [but more than] nine years and one day old, enters into relations with his yevamah and dies before he attains majority. She then becomes obligated for yibbum to the minor's older brother for a second time. She should perform chalitzah, but not yibbum. As we have explained,64relations in which a minor engages are considered equivalent to a ma'amargiven by [a brother] past majority. Hence, the woman has two obligations foryibbum incumbent on her.
Halacha 31
[The following rule applies when] a woman who was half [a Canaanite] maid-servant and half a freed woman65 was consecrated by Reuven. She was then given her freedom and was consecrated by [Reuven's brother,] Shimon. Afterwards, both [brothers] died. Levi, [a third brother, may] perform yibbumwith [this woman]; she is not considered to be "the wife of two deceased men." For if her consecration by Reuven is effective, her consecration by Shimon is of no consequence.66 And if her consecration by Shimon is effective, her consecration by Reuven is of no consequence.
| FOOTNOTES | |
| 1. |
These categories are all defined in the following three halachot.
|
| 2. |
A man who never displayed any male physical characteristics and who is sexually impotent. TheAruch interprets the term as meaning "one who became impotent as a result of fever." Yevamot80a interprets it as meaning "one who never saw the light of the sun while potent."
|
| 3. |
A person with both male and female sexual organs.
|
| 4. |
Since the entire purpose of yibbum is to perpetuate the deceased brother's name (Deuteronomy 25:7), when this is not possible there is no obligation for this rite.
The Tur (Even HaEzer 172) quotes opinions that maintain that an androgynous is considered a normal male and may perform either yibbum or chalitzah, as he desires. Although the Shulchan Aruch (Even HaEzer 172:8) also mentions this view, the Rambam's opinion appears to be favored.
|
| 5. |
The intent is not that they should be encouraged to perform yibbum, but that if they performyibbum, they acquire the yevamah as a wife. The rationale is that the act of yibbum does not require intent, as stated in Chapter 2, Halachah 3.
|
| 6. |
In the Kessef Mishneh, Rav Yosef Karo emphasizes that this ruling applies only when theyevamah's deceased husband was mentally competent. If the deceased also was a deaf-mute, the deaf-mute yavam may divorce her by signaling with hand motions. Rav Yosef Karo reiterates this decision in the Shulchan Aruch (Even HaEzer 172:12).
|
| 7. |
See Chapter 5, Halachah 18. Note Chapter 5, Halachah 21, which states that if he did not enter into relations with his yevamah after he attained majority, he must also perform the rite ofchalitzah.
|
| 8. |
A person consecrated one of two sisters, and it is not known which one he consecrated. He is not allowed to marry, because he does not know which of the women is his wife and which is forbidden to him. If he dies, his brother may not perform yibbum, because the same doubt applies with regard to him. (See Chapter 8, Halachah 1.)
|
| 9. |
See Hilchot Issurei Bi'ah, Chapter 16, for a detailed treatment of this subject.
|
| 10. |
A person whose genital area is covered by flesh and determination of his sex is not possible , as stated in Hilchot Ishut 2:25.
The Tur (Even HaEzer 172) quotes opinions that maintain that there is doubt whether a tumtummay perform yibbum. Therefore, he must perform chalitzah. Although the Shulchan Aruch (Even HaEzer 172:9) also mentions this view, the Rambam's opinion appears to be favored.
|
| 11. |
Once the operation is performed and it is determined that he is a male, there is no difference between him and other males.
|
| 12. |
These categories are all defined in the following three halachot.
|
| 13. |
With regard to a minor, see Chapter 4, Halachah 16.
|
| 14. |
For according to Scriptural and Talmudic law, neither a woman's understanding nor her consent is necessary for a divorce to be effective.
|
| 15. |
See Halachah 10. (See also a delineation of the women included in these three categories inHilchot Ishut 1:6-8.)
|
| 16. |
A severe prohibition punishable by karet. See Hilchot Ishut 1:5; Hilchot Issurei Bi'ah 2:1.
|
| 17. |
I.e., if the brother's consecration was effective, then the yavam is performing a mitzvah, and if it was not effective, he has no ties to the woman at all, and he may consecrate her as he consecrates any other woman (Yevamot 41b).
|
| 18. |
Although the marriage of a deaf-mute is not binding according to Scriptural law, his brother may still perform yibbum.
|
| 19. |
Note the Rambam's Commentary on the Mishnah (Yevamot 2:3), where he cites a different proof-text for this concept, one that is not mentioned in other Rabbinic sources.
|
| 20. |
For a positive commandment does not supersede the observance of a negative commandment punishable by karet. Although it is not necessary to mention a proof-text for this concept, the Rambam does so, because it represents the simple meaning of the passage from the Torah (Maggid Mishneh; Kin'at Eliyahu).
|
| 21. |
And yet to be permitted to her deceased husband, so that her original marriage was binding (in contrast to the instances mentioned in Halachah 12).
|
| 22. |
Nevertheless, after engaging in relations once to fulfill the mitzvah of yibbum, the yavam would be obligated to divorce the yevamah, as evident from Hilchot Ishut 4:14.
|
| 23. |
Note the statements of the Beit Shmuel 174:3, who connects this concept with the difference of opinion between the Sephardic and Ashkenazic authorities with regard to which takes precedence: yibbum or chalitzah. (See the notes on Chapter 1, Halachah 2.)
|
| 24. |
The commentaries raise the question of why, in this clause, the Rambam omits the mention of women with whom relations are forbidden by virtue of a positive commandment. They explain that his omission holds the key to the comprehension of a more general question.
Although the observance of a positive commandment supersedes the observance of a negative commandment, the observance of one positive commandment does not supersede the observance of another positive commandment. And therefore, the question arises: Why doesyibbum establish a binding marriage bond when the transgression of a positive commandment is involved? Such a transgression is not mandated by law.
The commentaries explain that indeed the yavam should not - even according to Scriptural law - perform yibbum in such a situation, and therefore the Rambam omits mention of those forbidden by a positive commandment in this clause. If, however, the yavam does violate the positive commandment, the marriage bond created is binding. For just as the positive commandment ofyibbum is not greater than the positive commandment involving the prohibition, the positive commandment involving the prohibition is not greater than the positive commandment of yibbum. See the conclusion of the Responsa of the Noda Biy'hudah on Choshen Mishpat and the commentary of the Or Sameach on this halachah.
|
| 25. |
In which instance the prohibition against further relations is merely Rabbinic in origin.
|
| 26. |
I.e., the positive commandment of yibbum does not supersede both the prohibition against a High Priest's marrying a widow, and the positive commandment that he must marry a virgin. For this reason, this halachah mentions an instance when the woman's marriage was consummated. If she became a widow when she had merely been consecrated, only a negative commandment is involved, and the laws mentioned in the previous halachah apply.
|
| 27. |
The commentaries infer that the Rambam's wording implies that if the High Priest divorces the woman, she herself may marry others; she does not require chalitzah. See the conclusion of the gloss of the Beit Shmuel 174:3.
|
| 28. |
Who is also her brother.
|
| 29. |
E.g., the deceased brother married his maternal sister. She has no family connection whatsoever to the surviving brother, and he is permitted to marry her.
|
| 30. |
It is not as if he married two yevamot from the same household, because the woman who was forbidden to the deceased is not considered part of his household.
|
| 31. |
An example of a negative commandment incumbent on the deceased, but not on the yavam, would be a High Priest who married a widow. His brother, an ordinary priest, is not bound by that prohibition. An example of a positive commandment incumbent on the deceased, but not on theyavam, would be a High Priest who married a woman who had engaged in relations previously. His brother, an ordinary priest, is not bound by that prohibition.
|
| 32. |
For example, the deceased married his maternal grandmother, who is forbidden to him as ash'niyah. If the deceased has a paternal brother who had a different mother, that brother is ayavam and there is no prohibition against his marrying his brother's grandmother.
|
| 33. |
Note the Kessef Mishneh, which suggests altering the text of the Mishneh Torah and substituting the word "and" for "or." For, as it explains, if the yevamah is not forbidden to the yavam, the fact that she was forbidden - or that there was a doubt whether she was forbidden - to her deceased husband does not prevent the yavam from marrying her, as stated in the previous halachah.
|
| 34. |
For it is possible that his original kiddushin were binding, and by marrying the yevamah he will be transgressing the prohibition against marrying two sisters.
|
| 35. |
Chapter 1, Halachah 13. (See also Chapter 7, Halachah 8.)
If the kiddushin the yavam gave were definitely binding, the chalitzah would be of no consequence, because the yevamah would not be obligated to him at all. Nevertheless, since that has not been established definitively, the chalitzah is necessary, and as a consequence, theyavam must divorce the woman whom he originally desired to marry.
|
| 36. |
But not to the deceased - e.g., the yavam's daughter.
|
| 37. |
E.g., Reuven married Shimon's daughter. She is thus forbidden to Shimon and permitted to Levi.
|
| 38. |
If Levi had another brother, they would, however, be under obligation to him.
|
| 39. |
I.e., if Reuven, Shimon, and Levi had another brother and he performed yibbum with the woman who was not previously married to Reuven, that brother had another wife, and then he died without children - his wives are also under no obligation to Shimon. Since one of the wives was once freed from an obligation to him, even if she remarries she can never be obligated to him. Moreover, she frees all the other wives of her second husband from an obligation to him.
|
| 40. |
Chapter 5, Halachot 2-3.
Through the ma'amar, Shimon established a connection with his yevamah. Therefore, our Sages ordained that Levi should not perform yibbum with Shimon's wife. Nevertheless, since Shimon did not establish a marriage that was binding according to Scriptural law with his yevamah, Levi is required to perform chalitzah with Shimon's wife.
The Kessef Mishneh (in its gloss on Halachah 10), notes that - as reflected in Halachah 25 - even if Shimon did not give a ma'amar to Reuven's wife, the very fact that she is under obligation to him is sufficient cause for Levi to be prohibited from performing yibbum with her. The Rambam did not mention this concept in this halachah, because: a) he was quoting the Mishnah (Yevamot, Chapter 1), and b) he wanted to emphasize that even if Shimon gave Reuven's wife a ma'amar, Levi is still obligated to perform chalitzah with Shimon's wife. The ma'amar does not free her of obligation entirely.
|
| 41. |
See Hilchot Ishut 24:18.
|
| 42. |
As Leviticus 18:24 states: "Do not become impure through any of these [forbidden relationships]."
|
| 43. |
The Ra'avad differs with the Rambam regarding this matter and maintains that just as the woman's husband would have to give her a get to terminate their relationship, so too, her yavammust perform chalitzah with her. The Shulchan Aruch (Even HaEzer 173:11) follows the Rambam's ruling, while the Ramah mentions that of the Ra'avad.
|
| 44. |
A sotah is not given the bitter waters to drink after her husband's death, as stated in Hilchot Sotah2:7.
|
| 45. |
As explained in Hilchot Sotah 2:2, there are some women whose fidelity should be tested by the bitter waters. Nevertheless, because of certain incidental factors, she is not given these waters to drink and instead must be divorced by her husband.
|
| 46. |
According to the Rambam, the difference between these two instances is that the infidelity of thesotah has not been proven, while in the former case, the woman's infidelity is an established fact.
|
| 47. |
Although Rashi offers a different interpretation for this concept, the halachic authorities follow the Rambam's view.
|
| 48. |
If the relatives of a woman who performed chalitzah were permitted, one might think that another woman who was married to the deceased husband of the woman who performed chalitzah would also be permitted.
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| 49. |
Since it is possible that the ervah was never married to the deceased, or that her marriage was already terminated, the yavam must perform chalitzah to enable the other wife to remarry. He may not, however, perform yibbum, for it is possible that the marriage of the ervah was effected by the kiddushin or not terminated by the divorce, in which instance, the yavam would be forbidden to have relations with the other wife of his deceased brother, as stated in Halachah 15.
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| 50. |
The minor nullifies her marriage retroactively through mi'un, and it is as if she had never been married at all. As such, the obligation of yibbum falls on the other wife. Nevertheless, since this halachic concept might not be known to all, our Sages forbade the other wife of the deceased from performing yibbum, lest the impression be created that a woman married to the same man as anervah is also permitted (Yevamot 13a, 107b).
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| 51. |
The other wife of the deceased was under the impression that she did not require chalitzah to be released, as stated in Halachah 15. Afterwards, it was discovered that the woman forbidden to theyavam as an ervah was an aylonit, in which instance the obligation of yibbum falls solely on the other wife, as stated in Halachah 21. Thus, her second marriage involves a transgression and must be terminated. (See Chapter 2, Halachah 18.) Nevertheless, a child fathered by her second husband is not considered illegitimate, because the negative commandment violated is not punishable by karet.
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| 52. |
The Or Sameach explains that ordinarily, when a woman is prohibited as an ervah, a get is not necessary. Nevertheless, an exception is made in this instance, lest people think that the deceased divorced his other wife before his death, and the act of yibbum was binding.
The Tur (Even HaEzer 173) maintains that a get is not required, and indeed suggests that this is also the Rambam's intent, but the text of the Mishneh Torah was flawed by a printer's error. TheShulchan Aruch (Even HaEzer 173:9) does not require a get.
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| 53. |
As stated in Halachah 14, the prohibition against relations with a brother's wife applies in such an instance. This prohibition is punishable by karet. Hence, any child born to this couple - whether before or after he discovers that the ervah was an aylonit - is illegitimate.
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| 54. |
His wife's sister, by contrast, need not perform yibbum or chalitzah. She is free to marry any man.
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| 55. |
With regard to yibbum, the obligation to perform yibbum is powerful enough to have the woman considered the wife of a man whose other wife is an ervah to the yavam. Nevertheless, this comparison is not complete. For since the deceased brother never actually married her, she is obligated to perform chalitzah.
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| 56. |
The Ra'avad and others differ with the Rambam regarding this issue, maintaining that the prohibition is not applied when the second brother divorces his first wife.
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| 57. |
See Halachah 21.
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| 58. |
And, as reflected in Halachah 14, it is of Scriptural origin.
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| 59. |
I.e., since she did not perform yibbum with the brother who gave her the ma'amar, she is still obligated to perform yibbum because of her first husband, and since a ma'amar is considered equivalent to consecration, she is also obligated to perform yibbum because of the second brother who died.
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| 60. |
If, however, the second brother performed yibbum before dying, this restriction does not apply.
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| 61. |
It was stated above that the prohibition against marrying a woman who is obligated to performyibbum because of two men is derived from a verse. Nevertheless, as reflected by the fact thatchalitzah is required (Yevamot 31b), that verse is only an asmachta, a support. The source of the prohibition is Rabbinic in origin. (Note Tosafot, who differ and maintain that the prohibition is of Scriptural origin.)
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| 62. |
See Chapter 1, Halachah 12, which states that once a yavam has foregone the privilege ofyibbum by performing chalitzah, neither he nor his brothers may perform yibbum with any of the wives of that brother.
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| 63. |
For the only obligation incumbent on her is due to the brother who died first. The third brother must also perform either yibbum or chalitzah with the wife of the second brother.
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| 64. |
Chapter 5, Halachah 18.
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| 65. |
E.g., a Canaanite maid-servant who was owned by two partners, and one partner set her free, but the other did not.
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| 66. |
The consecration of such a woman is discussed in Hilchot Ishut 4:16.
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Gezelah va'Avedah - Chapter One
The Laws Pertaining to Robbery and [the Return of] Lost Articles
[This text] contains seven mitzvot: two positive commandments and five negative commandments. They are:
1) Not to rob;
2) Not to withhold money due a colleague;
3) Not to covet [what belongs to a colleague];
4) Not to desire [what belongs to a colleague];
5) To return an article obtained by robbery;
6) Not to ignore a lost article;
7) To return a lost article.
These mitzvot are explained in the chapters [that follow].
Halacha 1
Whoever robs an object worth a p'rutah from a colleague transgresses a negative commandment, as Leviticus 19:13 states: "Do not rob."
Violation of this negative commandment is not punished by lashes, because it can be corrected by the fulfillment of a positive commandment. For if a person robs, he is obligated to return what he obtained by robbery, as ibid. 5:23 states: "And he shall return the article he obtained by robbery." This is a positive commandment.
Even if the robber burned the object that he obtained by robbery, he is not punished by lashing, because he remains obligated to pay its value. And whenever the transgression of a negative commandment results in a financial penalty, it is not punished by lashing.
Halacha 2
It is forbidden to rob even the slightest amount.
It is forbidden even to rob or to withhold money from a gentile who worships idols. If one robs or withholds money from such a person, one must return it.
Halacha 3
What is meant by a robber? A person who takes by force property belonging to a colleague. For example, a person who seizes movable property from a colleague's hand, who enters a colleague's domain and takes utensils against his colleague's will, who seizes a colleague's servants or livestock and makes use of them, or who enters a colleague's field and eats his produce. These and any similar acts are considered robbery, as reflected by II Samuel 23:21, which states: "And he robbed the spear from the Egyptian."
Halacha 4
What is meant by withholding a colleague's due? It refers to a person who was given money willingly by a colleague and then, when it was demanded of him, he forcefully maintained possession of it and refused to return it. For example, a person was given a loan or had hired a colleague, and when payment was demanded he forcefully refused to pay. Concerning this we were commanded,Leviticus 19:13: "Do not withhold money from your colleague."
Halacha 5
Whoever robs is obligated to return the article that he obtained by robbery itself, as it is written: "And he shall return the article he obtained by robbery." If this article was lost or underwent a change, the robber must pay its value. Whether he admits the robbery himself, or witnesses come and testify that he committed robbery, he is required to pay only the principal that he obtained by robbery.
Even if a person robbed a beam and used it in building a house, Scriptural Law requires that he tear down the entire building and return the beam to its owner, for the beam remained unchanged. Nevertheless, to encourage robbers to repent, our Sages ordained that the robber pay the worth of the beam and did not require him to destroy his building. The same applies in all similar situations.
Even if a person robbed a beam and used it in building a sukkah on Sukkot, and the owner came and demanded the return of the beam in the midst of the festival, the robber is required to pay only its value. After the conclusion of the festival, however, since the beam remains unchanged and it was not permanently affixed with mortar, the robber must return the beam itself.
Halacha 6
When a person robs something worth less than a p'rutah, although he has committed a transgression, he is not required to return the article he obtained by robbery.
If a person robbed three bundles of vegetables or of branches that were originally worth three p'rutot, and their value decreased so that the three are now worth only two p'rutot, it is not sufficient for him to return two bundles. He is obligated to return the third, for it was originally worth a p'rutah.
If the person robbed two items together worth a p'rutah and returned one of them, he is not considered to possess an article that was robbed, nor has he an obligation to return the item that was robbed.
Halacha 7
When a person robs from a colleague in a settled region, and in the desert offers to return the article that he obtained by robbery, the option is given to the person who was robbed. If he desires, he may take his article. If not, he may tell the robber: "I will accept the return of the article only in a settled region, lest it be taken from me here by powers beyond my control."
In such an instance, the article remains the responsibility of the robber until he returns it to the person in a settled region. The same principles apply with regard to payment for a robbed article.
Halacha 8
When a person robs money from a colleague and returns it by including it in change he returns to the person whom he robbed, he fulfills the obligation of returning the article he obtained by robbery.
Moreover, even if the robber returned the money to a wallet belonging to the owner that contains money, he fulfills his obligation, because a person usually checks his wallet at all times, and the owner will count the money that was returned together with his money. The rationale is that an accounting that is made without the owner's having been informed of the money's return is sufficient.
If the robber returned the money that he obtained by robbery to a wallet that is empty, he does not fulfill his obligation. He remains responsible for the money he obtained by robbery] until he informs the owner that he returned the money to that particular wallet.
Halacha 9
Anyone who covets a servant, a maidservant, a house or utensils that belong to a colleague, or any other article that he can purchase from him and pressures him with friends and requests until he agrees to sell it to him, violates a negative commandment,even though he pays much money for it, as Exodus 20:14states: "Do not covet."
The violation of this commandment is not punished by lashes, because it does not involve a deed. One does not violate this commandment until one actually takes the article he covets, as reflected by Deuteronomy 7:25: "Do not covet the gold and silver on these statues and take it for yourself." Implied is that the Hebrew tachmod refers to coveting accompanied by a deed.
Halacha 10
Anyone who desires a home, a wife, utensils, or anything else belonging to a colleague that he can acquire from him, violates a negative commandment at the time he thinks in his heart, "How is it possible to acquire this from him?" and his heart is aroused by the matter, as Deuteronomy 5:18 states: "Do not desire...." Desire refers to feelings in the heart alone.
Halacha 11
Desire leads to coveting and coveting leads to robbery.For if the owners do not desire to sell despite the offer of much money and many supplications by friends, the person motivated by desire will be moved to robbery, as Michah 2:2 states: "They coveted houses and stole."
And if the owner stands up against them to save his property, or in another way prevents the person motivated by desire from robbing, he will be moved to murder. Take, for example, the narrative of Ach'av and Navot.
Halacha 12
Thus, we see see that a person who desires another person's property violates one negative commandment. One who purchases an object he desires after pressuring the owners and repeatedly asking them, violates two negative commandments. For that reason, the Torah prohibits both desiring and coveting. If he takes the article by robbery, he violates three negative commandments.
Halacha 13
Whenever a person robs a colleague of even a p'rutah's worth, he is considered as if he took his very soul, as Proverbs 1:19 states: "Such are the ways of those who are greedy. They take away the soul of the owner."
Notwithstanding the severity of this sin, if the article that was taken by robbery no longer exists, and a robber seeks to repent and comes of his own volition to return the value of the article he obtained by robbery, our Sages ordained that one should not accept it. Instead, the robber should be helped and forgiven, to make the path of repentance more accessible to those who wish to return. Our Sages did not look favorably on anyone who accepts payment for an article that was taken from him through robbery.
Gezelah va'Avedah - Chapter Two
Halacha 1
When an object taken by robbery remains unchanged, it itself must be returned to its original owner. This applies even when the owner has despaired of its return, and even when the robber himself has died, and the article is in his children's possession.
If, however, the article underwent a change while in the robber's possession the robber acquires it because of the change and is required to pay its value at the time of the robbery. This applies even when the owners have not despaired of its recovery.
Halacha 2
This is the law as prescribed by the Torah, as Leviticus 5:23 states: "And he shall return the object he obtained by robbery." The Oral Tradition interprets that verse to mean: If the object is still as it was at the time of the robbery, it should be returned. If it has undergone a change, he should pay its value.
If the owner despaired of its return, but it did not undergo a change, the robber acquires the right to its increase in value from the time the owner despaired. He is required to pay only the value of the article at the time of the robbery. This is also a Rabbinic ordinance to encourage repentance.
In such an instance, when he returns the object he obtained by robbery, the increase in value is evaluated, and the robber is paid for it by the person he robbed.
Halacha 3
If the robber sold the article obtained by robbery or gave it as a present and the owner despaired of its return, the purchaser is not required to return the article itself even though it did not undergo a change. Since the owner despaired of its return - regardless of whether that took place before the sale or afterwards - the purchaser acquires possession of it, because of the despair and because of the transfer from one domain to another.
Halacha 4
When a person obtains an article by robbery, causes it to increase in value, and then sells it or bequeaths it to another person, he bequeaths or sells the increase in value, and the purchaser or the heir acquires the right to this increase. Therefore, at the time of judgment, he should be reimbursed by the original owner for the increase in value, and then return to him the article obtained by robbery. The original owner may then collect the worth of the increase in value from the robber, for he did not despair of its return.
Similarly, if the purchaser or the heir caused the object to increase in value, the original owner should reimburse them for that increase.
Halacha 5
If the robber sold the object obtained by robbery to a gentile, and the gentile caused it to increase in value, at the time of judgment, the article and the increase must be returned to the original owner.
If the gentile sold it to a Jew after it increased in value, since the robber is a Jew and the person in possession of the article is a Jew, the purchaser is considered to have acquired the increase in value. If, however, the original owner seizes the increase in value without paying for it, it is not expropriated from his possession.
Halacha 6
As explained, in order to encourage repentance our Sages ruled that when an article obtained by robbery increases in value after the owner despairs of its return or after it has undergone a change, the robber is entitled to the increase in value. This applies even when the change comes about as a matter of course.
What is implied? If a person obtained a cow by robbery and it became pregnant in his possession, whether or not it bore a calf before he was called to court because of the robbery - since the owner despaired of its return, he is required to pay only the value of the cow at the time of the robbery. Similarly, if he stole a sheep and it grew wool, whether he sheared it before he was called to court or it had not yet been shorn, he is required to pay only its value at the time of the robbery.
If it bore offspring or was shorn, the robber is entitled to the offspring or the shearings. If it had not borne offspring, nor was it shorn at that time, the animal's increase in value is evaluated and may be collected from the original owner. Then the animal itself is returned.
Halacha 7
If a person obtained a pregnant cow by robbery, the owner despaired of its return and then it bore offspring, or he obtained a sheep laden with wool by robbery, the owner despaired of its return and then it was shorn, the robber should pay the value of a cow ready to bear offspring and a sheep ready to be shorn.
If the animal bore offspring or was shorn before the owner despaired of its return, the shearings or the offspring belong to the original owner. This applies even if the animal became pregnant or grew wool while in the possession of the thief. Since the owner did not despair, and the animal did not undergo a change, the object obtained by robbery is still considered to belong to its original owner, although the robber is held responsible in cases of loss due to forces beyond his control.
Halacha 8
If a person stole or obtained an animal by robbery and consecrated or slaughtered it after its owner despaired of its return, it is considered to be the thief's property only from the time he consecrated it. This was enacted so that the sinner will not profit. All its offspring and its shearings from the time that it was stolen until the time it was consecrated belong to its original owner.
Halacha 9
When does the above apply? To an increase in value that comes as a matter of course - e.g., an animal's shearing or its offspring. If, however, an animal was gaunt, and the robber fattened it, the robber may collect the increase in value due to the fattening from the original owner, even if it took place before the owner despaired. The same applies with regard to all instances where the increase in value comes about as a result of expense.
Halacha 10
A change that can revert to its original state is not considered to be a change.
What is implied? When a person obtains boards by robbery and attaches them to each other with nails and makes a chest, this is not considered a change. For it is possible to separate them and make them simple boards, as they were previously.
Halacha 11
If a person obtained sand by robbery and made it into a brick, he does not acquire it, because one can crush the brick and return it to sand.
If he obtained a strip of metal by robbery and made it into a coin, he does not acquire it, because one can melt the coin and return it to a strip of metal, as it was beforehand. The same principles apply in other similar instances.
Halacha 12
If, however, a person obtained boards by robbery and burned them, cut them or carved them, and in this way fashioned them into a utensil; he obtained wool by robbery and dyed it, spun it or whitened it; he obtained threads by robbery and made them into a garment; he obtained a brick by robbery and made it into dust; obtained stones by robbery and smoothed them; or he obtained coins by robbery and melted them - this is considered a change, for if he makes other coins - or similarly undoes the other changes mentioned above - they are considered to be new entities. The same principles apply in all similar situations.
Halacha 13
When a person robs old coins, polishes them and renews them, he is not considered to have acquired them, for they will age and return to their previous state. If, however, he obtains new coins by robbery and causes them to look old, he does acquire them. For if they were made to appear new again, that would be considered to be a new development.
A person who robs a date palm that is growing and cuts it down does not acquire it. This applies even if he cuts it into sections. If he makes it into boards, he does acquire it.
Halacha 14
If a person obtains large beams by robbery and cuts them into small beams, he does not acquire them. If he cuts them into boards, causing them to be called by a different name, he does acquire them.
If one obtained a palm branch by robbery and separated its leaves, one acquires the leaves. If one obtained palm leaves by robbery and made them into a broom, one acquires the broom.
If one obtains a lamb by robbery and it becomes a ram, or one obtains a calf by robbery and it becomes an ox, it is considered to have undergone a change while in the robber's possession. Therefore, he is considered to have acquired it, and he is required to pay only the value of the article at the time of the robbery, despite the fact that the owner never despaired of the article's return.
Halacha 15
If a person obtains a utensil by robbery and breaks it, we do not evaluate its depreciation. Instead, the robber is obligated to pay its worth, and he is given the broken utensil.
If, however, the original owner desires to take the broken utensil, he is granted it, and the robber must pay for its depreciation. This ordinance was instituted for the sake of the owner, and if he does not desire it, he is granted that prerogative. Similar principles apply in other analogous situations.
Halacha 16
When an object obtained by robbery does not undergo a change, but its value increases, it itself must be returned to its original owner, and the robber is not entitled to anything. This applies even if the owner has despaired of its return.
For the Sages granted the robber only the increase in value after the owner despaired of the object's return, in instances like the shearing of wool and the offspring. He is not, however, granted any increase in value that comes from the rise in article's worth when it is returned intact to its owner.
Gezelah va'Avedah - Chapter Three
Halacha 1
The following rules apply when a person robs a jug of wine from a colleague that was worth a dinar at the time of the robbery and increased in value while in the robber's possession until it was worth four dinarim. If he broke the jug, drank its contents, sold it or gave it away as a present after it increased in value, he must pay four dinarim - its worth when it left his possession. The rationale is that if he had left it, he would have had to return it intact.
If it broke because of other causes or it was lost, the robber must pay only adinar, its value at the time of the robbery.
Halacha 2
If it was worth four dinarim at the time of the robbery, but only one dinar when it left his possession, he must pay the four dinarim it was worth at the time of the robbery. This applies whether he broke it or drank it, or whether it was broken or lost due to other causes. The same principles apply in other analogous situations.
Halacha 3
The following rules apply when a person obtains by robbery a basket of five dates. If the entire basket were sold together it would cost nine coins, but if the dates were sold one by one they would be sold for ten. The robber is required to pay only nine. We do not heed the claim of the owner, who argues: "I would have sold them one by one."
Similar laws apply if a person damages a colleague's property or is required to reimburse him for a loss in a similar instance. This principle does not apply, however, with regard to property that is consecrated. In that instance, the robber must pay ten coins.
Halacha 4
When a person obtains an animal by robbery and it becomes old, or it becomes weak and will never regain its strength - e.g., because of an illness for which there is no cure - a coin and it cracked or was disqualified by the ruling authorities, produce and the entire amount rotted, or wine and it became vinegar, he is considered to be a person who obtained a utensil by robbery and destroyed it, and he must pay the worth of the article obtained by robbery at the time of the robbery.
If, however, a person obtained animals by robbery and they became weaker, but their strength could be restored; servants and they became old; a coin and it was disqualified as currency by one country, but still accepted by another; produce of which a portion became rotten; terumah that became impure;leaven, and the festival of Passover was celebrated; or an animal that was used for the purposes of sin, became disqualified for sacrifice on the altar, or was condemned to be stoned to death; the robber may tell the original owner: "Here is your article," and return to him the article obtained by robbery.
Halacha 5
When does the above apply? When the article obtained by robbery is itself returned. If, however, the article obtained by robbery was burned or lost after benefiting from it became forbidden, the robber must pay its value at the time of the robbery.
Based on this rationale, if the robber denied possession of the article after deriving benefit from it became forbidden, and affirmed his denial with an oath, he is liable to pay the principal and an additional fifth of its value, and bring a guilt offering.
Halacha 6
When a person obtains an animal by robbery and uses it to transport a burden, rides on it, plows or threshes with it or the like, and then returns it to its owner, he violates the commandment against robbery. Nevertheless, he is not liable for any payment, for he did not cause the animal any injury or weakness.
If, however, this person becomes habituated to robbing, withholding property or performing such acts time after time, he should be penalized. This applies even in the diaspora. The court should evaluate the wage or the increase in value that he earned with the animal, and that amount should be paid to the person whose property was taken.
Halacha 7
When a person seizes a servant belonging to a colleague and causes him to perform labor, but does not prevent him from performing work for his master, he is not liable. The rationale is that a person is happy that his servants do not go idle. If, however, this prevents him from performing work for his master, the person who seized the servant must pay the master the wages of the servant, as if he were a hired worker.
Halacha 8
The following laws apply when a person seizes a boat belonging to a colleague and performs work with it. If the boat is not generally hired out, the damage to the boat should be evaluated and must be paid.
If the boat is generally hired out there are two guidelines that apply. If the person took the boat with the intent of renting it, since the owner did not grant his permission, the owner has the option. He may collect the wage usually paid or he may collect payment for the damage to the boat.
If the person took the boat as robbery, he must pay for the damages. Similar principles apply in all like situations.
Halacha 9
The following rules apply when a person dwells in a courtyard belonging to a colleague without notifying him. If the courtyard is not usually rented out, he is not required to pay him rent. This applies even if the person who dwells within generally rents a dwelling, for one person is benefiting and the other is not suffering a loss.
If the courtyard is generally rented out, the person who dwells within must pay rent even though he does not usually rent a dwelling, because he is causing the owner a loss of income.
Halacha 10
When a person owned wool that he was dyeing in a vat, and another person came and added other dyes without the consent of the owner, the latter must pay the owner of the wool for the decline in the value of the wool he caused. This payment does not include the value of the dye the owner used for the wool.If the person whose property was damaged seizes the value of dye that he lost, that money should not be expropriated from him.
Halacha 11
A person who without the owner's consent takes an object entrusted to him for safekeeping to use for his private purposes in a way that will diminish it, or to take as his own is judged as a robber. This applies whether he takes the article himself, or it is taken for him by his son, his servant or his agent.
The person who takes the article is liable for it if it is destroyed by forces beyond his control, and the object that he took is considered to be within his domain according to the laws that govern all robbers.
A watchman who decides to take an entrusted article for his private purposes is not held responsible for it until he actually takes it. When, however, he takes the article from one place to another in his domain in order to take it for his private purposes, he is liable although he did not take any portion of the entrusted article. For the watchman becomes responsible in such an instance even when the entrusted article remains intact.
Halacha 12
As soon as the watchman lifts up the jug to take a revi'it of wine, he is liable for it in the event of its destruction by forces beyond his control, even though he has not taken it.
If, however, he lifts up a wallet containing many coins to take one dinar, there is a doubt whether he is liable for the entire wallet if it is destroyed by forces beyond his control, or he is liable only for the one dinar. Similar laws apply with regard to other instances where a container holds several discrete entities.
Halacha 13
When produce was entrusted to a person for safekeeping and he took a portion of it as his own, he is responsible only for the produce that he actually took. The produce remaining in its place remains the property of the original owner. If, however, the entire produce becomes spoiled because of the amount that he took, he is liable for the entire amount.
What is implied? If the watchman tilted a jug while it remained in its place and removed a revi'it or more, and then the jug was broken afterwards, the watchman is liable only for the amount that he took, for he did not lift up the jug. If the wine turned into vinegar, he must pay the value of the entire jug at the time he took it. Similar principles apply in all like situations.
Halacha 14
When a person denies in court having been given an object entrusted to him for safekeeping, he is considered to be a robber if the object was in his possession at the time of his denial. He is liable for the article if it is destroyed by factors beyond his control.
Halacha 15
A person who borrows an object without the consent of its owner is considered to be a robber.
If a utensil was in the hands of a person's son or servant and another person took it from him and used it, he is considered to have borrowed the object without the consent of its owner. The article is considered to have entered his domain, and he is responsible for it in the event of its destruction by forces beyond his control until he returns it to the owner.
Therefore, if he returns it to the minor or to the servant who was holding it beforehand, and then it is lost or stolen, the borrower is liable. Similar principles apply in all like situations.
Halacha 16
When a person seizes collateral from a debtor without receiving license from the court, he is considered to be a robber, despite the debt that he is owed. Needless to say, if he enters the debtor's home and seizes collateral, he is considered to be a robber, for Deuteronomy 24:11 explicitly states: "Stand outside and the man who owes the debt to you will bring the security out to you."
• Friday, Elul 6, 5775 · 21 August 2015
"Today's Day"
Monday Elul 6 5703
Torah lessons: Chumash: Teitsei, Sheini with Rashi.
Tehillim: 35-38. Also 16-18.
Tanya: But the Holy One, (p. 449) ...blessed attributes. (p. 451).
The Tzemach Tzedek related: The Baal Shem Tov was very fond of light, and said, "Or ('light') is the numerical equivalent ofraz ('secret').1 Whoever knows the 'secret' contained in every thing can bring illumination."
FOOTNOTES
1. Tikunei Zohar 19; Zohar III, p. 28b.
Daily Thought:
Four Gates
Judges and officers shall you appoint in all your cities . . . (Deuteronomy 16:18)
Think of yourself as a city. You have four magical gates: the Gate of Seeing, the Gate of Listening, the Gate of Imagining and the Gate of Speaking.
Magical gates, because an Infinite G‑d enters your finite city through these gates. An infinite G‑d who cannot be squeezed within any place or boxed within any definition, but chooses to dress neatly in a wisdom called Torah—and these are your gates by which wisdom may enter.
That is why all the world competes to storm those gates. They want you to see the ugliness they see, hear the cacophony they hear, imagine the nonsense they imagine and speak without end. And then, you will desire all they desire and no room will be left in your city for that Infinite G‑d.
You only need master those gates and the city is yours.[Maamar Shoftim 5729.]
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