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 37 Chapter 38 Chapter 39
Psalms 37:(0) By David:
(1) Don’t be upset by evildoers
or envious of those who do wrong,
2 for soon they will wither like grass
and fade like the green in the fields.
3 Trust in Adonai, and do good;
settle in the land, and feed on faithfulness.
4 Then you will delight yourself in Adonai,
and he will give you your heart’s desire.
5 Commit your way to Adonai;
trust in him, and he will act.
6 He will make your vindication shine forth like light,
the justice of your cause like the noonday sun.
7 Be still before Adonai;
wait patiently till he comes.
Don’t be upset by those whose way
succeeds because of their wicked plans.
8 Stop being angry, put aside rage,
and don’t be upset — it leads to evil.
9 For evildoers will be cut off,
but those hoping in Adonai will inherit the land.
10 Soon the wicked will be no more;
you will look for his place, and he won’t be there.
11 But the meek will inherit the land
and delight themselves in abundant peace.
12 The wicked plots against the righteous
and grinds his teeth at him;
13 but Adonai laughs at the wicked,
knowing his day will come.
14 The wicked have unsheathed their swords,
they have strung their bows
to bring down the poor and needy,
to slaughter those whose way is upright.
15 But their swords will pierce their own hearts,
and their bows will be broken.
16 Better the little that the righteous has
than the wealth of all the wicked.
17 For the arms of the wicked will be broken,
but Adonai upholds the righteous.
18 Adonai knows what the wholehearted suffer,
but their inheritance lasts forever.
19 They will not be distressed when times are hard;
when famine comes, they will have plenty.
20 For the wicked will perish;
Adonai’s enemies will be like sheep fat,
ending up as smoke, finished.
21 The wicked borrows and doesn’t repay,
but the righteous is generous and gives.
22 For those blessed by [Adonai] will inherit the land,
but those cursed by him will be cut off.
23 Adonai directs a person’s steps,
and he delights in his way.
24 He may stumble, but he won’t fall headlong,
for Adonai holds him by the hand.
25 I have been young; now I am old;
yet not once have I seen the righteous abandoned
or his descendants begging for bread.
26 All day long he is generous and lends,
and his descendants are blessed.
27 If you turn from evil and do good,
you will live safely forever.
28 For Adonai loves justice
and will not abandon his faithful;
they are preserved forever.
But the descendants of the wicked will be cut off.
29 The righteous will inherit the land
and live in it forever.
30 The mouth of the righteous articulates wisdom,
his tongue speaks justice.
31 The Torah of his God is in his heart;
his footsteps do not falter.
32 The wicked keeps his eye on the righteous,
seeking a chance to kill him.
33 But Adonai will not leave him in his power
or let him be condemned when judged.
34 Put your hope in Adonai, keep to his way,
and he will raise you up to inherit the land.
When the wicked are cut off, you will see it.
35 I have seen a wicked man wielding great power,
flourishing like a shade tree in its native soil.
36 But I passed by again, and he was no longer there;
I looked for him, but he could not be found.
37 Observe the pure person, consider the upright;
for the peaceful person will have posterity.
38 But transgressors will all be destroyed;
the posterity of the wicked will be cut off.
39 Adonai is the one who saves the righteous;
he is their stronghold in time of trouble.
40 Adonai helps them and rescues them,
rescues them from the wicked and saves them;
because they take refuge in him.
38:(0) A psalm of David, serving as a reminder:
2 (1) Adonai, don’t rebuke me when you are angry
or discipline me when you are enraged,
3 (2) for your arrows penetrate me deeply,
and your hand is pressing me down.
4 (3) Your indignation left no part of me intact;
my sin made my whole body sick;
5 (4) for my iniquities loom high over my head
as a heavy burden, too heavy for me.
6 (5) I have stinking, festering wounds
because of my foolishness.
7 (6) I am bent down, prostrate completely;
I go about mourning all day long.
8 (7) For my insides burn with fever,
and my whole body is sick.
9 (8) I am numb, completely crushed;
my anguished heart makes me groan aloud.
10 (9) Adonai, all my longing is known to you;
my sighing is not hidden from you.
11 (10) My heart is throbbing, my strength is gone,
and the light in my eyes has left me.
12 (11) My friends and companions shun my disease;
even the closest keep their distance.
13 (12) Those seeking my life lay snares for me,
those seeking to harm me speak of disaster
and think up deceptions all day long.
14 (13) But I’m like a deaf man — I don’t hear it;
and, like a mute, I don’t say a word.
15 (14) Yes, I’ve become like a man who doesn’t hear
and in whose mouth are no defenses.
16 (15) For it is in you, Adonai, that I hope.
You will answer, Adonai my God.
17 (16) I said, “Don’t let them gloat over me
or boast against me when my foot slips.”
18 (17) For I am about to fall,
and my pain is always with me.
19 (18) I acknowledge my guilt,
I am anxious because of my sin.
20 (19) But my enemies are alive and well,
those who wrongfully hate me increase their numbers;
21 (20) and, since they repay good with evil,
they oppose me because I pursue good.
22 (21) Don’t abandon me, Adonai!
My God, don’t be far from me!
23 (22) Come quickly to help me,
Adonai, my salvation!
39:(0) For the leader. Set in the style of Y’dutun. A psalm of David:
2 (1) I said, “I will watch how I behave,
so that I won’t sin with my tongue;
I will put a muzzle on my mouth
whenever the wicked confront me.”
3 (2) I was silent, said nothing, not even good;
but my pain kept being stirred up.
4 (3) My heart grew hot within me;
whenever I thought of it, the fire burned.
Then, [at last,] I let my tongue speak:
5 (4) “Make me grasp, Adonai, what my end must be,
what it means that my days are numbered;
let me know what a transient creature I am.
6 (5) You have made my days like handbreadths;
for you, the length of my life is like nothing.”
Yes, everyone, no matter how firmly he stands,
is merely a puff of wind. (Selah)
7 (6) Humans go about like shadows;
their turmoil is all for nothing.
They accumulate wealth, not knowing
who will enjoy its benefits.
8 (7) Now, Adonai, what am I waiting for?
You are my only hope.
9 (8) Rescue me from all my transgressions;
don’t make me the butt of fools.
10 (9) I am silent, I keep my mouth shut,
because it is you who have done it.
11 (10) Stop raining blows on me;
the pounding of your fist is wearing me down.
12 (11) With rebukes you discipline people for their guilt;
like a moth, you destroy what makes them attractive;
yes, everyone is merely a puff of wind. (Selah)
13 (12) Hear my prayer, Adonai, listen to my cry,
don’t be deaf to my weeping;
for with you, I am just a traveler
passing through, like all my ancestors.
14 (13) Turn your gaze from me, so I can smile again
before I depart and cease to exist.
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
Today in Jewish History:
• R. Yosef Yitzchak Schneersohn's marriage (1897)
Marriage of the 6th Rebbe of Chabad-Lubavitch, Rabbi Yosef Yitzchak Schneersohn (1880-1950), to Rebbetzin Nechamah Dinah (1882-1971).
• Passing of Ben Ish Chai (1909)
Elul 13 is the yahrtzeit of Rabbi Yosef Chaim of Baghdad (1835-1909), the renowned Sephardic Halachic authority and Kabbalist, known as "Ben Ish Chai" after his work by that name.
Links:
The Ben Ish Chai, A Biography
The Ultimate Employee (from the teachings of the Ben Ish Chai)
Daily Quote:
It is a land which the L-rd your G-d seeks; constantly the eyes of G-d are on it, from the beginning of the year to the end of the year[Deuteronomy 11:12]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Teitzei, 6th Portion Deuteronomy 24:5-24:13 with Rashi
• Chapter 24
5When a man takes a new wife, he shall not go out in the army, nor shall he be subjected to anything associated with it. He shall remain free for his home for one year and delight his wife, whom he has taken. הכִּי יִקַּח אִישׁ אִשָּׁה חֲדָשָׁה לֹא יֵצֵא בַּצָּבָא וְלֹא יַעֲבֹר עָלָיו לְכָל דָּבָר נָקִי יִהְיֶה לְבֵיתוֹ שָׁנָה אֶחָת וְשִׂמַּח אֶת אִשְׁתּוֹ אֲשֶׁר לָקָח:
[When a man takes] a new wife: [i.e., one] who is new to him, even if she is a widow [i.e., she was previously married to someone else], but this excludes [a man who] remarries his divorcee. — [Sotah 44a] אשה חדשה: שהיא חדשה לו ואפילו אלמנה, פרט למחזיר גרושתו:
nor shall he be subjected: lit., nor shall it pass over him, [referring to] the order of the army. ולא יעבור עליו: דבר הצבא:
to anything associated with it: that is required by the army: [For instance,] he must not supply water and food or repair the roads [for the army]. However, men who return from the battlefield by the order of the kohen because they either built a house but did not yet dedicate it, or betrothed a woman but did not yet take her [as a wife] [see Deut. 20:5-7], are required to supply water and food and repair the roads [for the army]. — [Sotah 43a] לכל דבר: שהוא צורך הצבא, לא לספק מים ומזון ולא לתקן דרכים, אבל החוזרים מעורכי המלחמה על פי כהן, כגון בנה בית ולא חנכו או ארס אשה ולא לקחה, מספיקין מים ומזון ומתקנין את הדרכים:
He shall remain [free] for his home: Heb. לְבֵיתוֹ, lit.,“for his house,” [meaning] also for his house. If he built a new house and dedicated it, or if he planted a vineyard (see Deut. 20:6) and redeemed it [i.e., he just began to partake of its fruits in the fourth year by redeeming them and eating their value in Jerusalem], he does not move from his home for the needs of war. יהיה לביתו: אף בשביל ביתו, אם בנה בית וחנכו ואם נטע כרם וחללו, אינו זז מביתו בשביל צורכי המלחמה:
for his home: Heb. לְבֵיתוֹ. This refers to his house [as explained above]. לביתו: זה ביתו:
must remain: Heb. יִהְיֶה. [This] comes to include his vineyard [as explained above]. יהיה: לרבות את כרמו:
and delight: Heb. וְשִׂמַּח. [The word אֶת in this phrase, וְשִׂמַּח אֶת-אִשְׁתּוֹ, can mean “with,” or it can introduce the direct object, namely, “his wife.” Thus, this phrase can either mean “he shall rejoice with his wife,” or it could mean “he shall delight his wife.” Here, Rashi decides that the meaning is]“He shall delight his wife” [that is, the verb is in the piel (intensive causative) conjugation]. Thus, the [correct] rendering is as it appears in the Targum [Onkelos]: וְיַחְדֵי יַת אִיתְּתֵהּ,“and he shall make his wife happy.” One who renders: וְיֶחְדֵי יַת אִיתְּתֵהּ,“he shall rejoice with his wife,” is mistaken, for this is not the translation of וְשִׂמַּח [in the piel, causative conjugation], but [the translation] of וְשָׂמַח, [the kal, simple intransitive conjugation]. ושמח: ישמח את אשתו. ותרגומו ויחדי ית אתתיה. והמתרגם ויחדי עם אתתיה, טועה הוא, שאין זה תרגום של ושמח אלא של ושמח:
6One shall not take the lower or the upper millstone as security [for a loan], because he is taking a life as security. ולֹא יַחֲבֹל רֵחַיִם וָרָכֶב כִּי נֶפֶשׁ הוּא חֹבֵל:
One shall not take the lower or the upper millstone as security [for a loan]: If [a creditor] comes to the court to demand security for a debt [for which no security had previously been required], he may not take as security articles used in the preparation of food. — [B.M. 115a] לא יחבול: אם בא למשכנו על חובו בבית דין, לא ימשכננו בדברים שעושים בהן אוכל נפש:
the lower millstone: Heb. רֵחַיִם. This is the lower [millstone]. רחים: היא התחתונה:
the upper millstone: Heb. וָרָכֶב. This is the upper [millstone]. ורכב: היא העליונה:
7If a man is discovered kidnapping any person from among his brothers, of the children of Israel, and treats him as a slave and sells him that thief shall die, so that you shall clear out the evil from among you. זכִּי יִמָּצֵא אִישׁ גֹּנֵב נֶפֶשׁ מֵאֶחָיו מִבְּנֵי יִשְׂרָאֵל וְהִתְעַמֶּר בּוֹ וּמְכָרוֹ וּמֵת הַגַּנָּב הַהוּא וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ:
If [a man] is discovered: By witnesses, and after he was warned [not to kidnap] (Sifrei 24:139). Likewise, every [instance of] יִמָּצֵא, “[if someone is] discovered,” in the Torah. - [Mechilta 21:63] כי ימצא: בעדים והתראה. וכן כל כי ימצא שבתורה:
and treats him as a slave: The perpetrator is not liable [to the death penalty] until he uses [his victim as a slave]. — [Sifrei 24:139, San. 85b] והתעמר בו: אינו חייב עד שישתמש בו:
8Be cautious regarding the lesion of tzara'ath, to observe meticulously and you shall do according to all that the Levite priests instruct you; as I have commanded them, [so shall you] observe to do. חהִשָּׁמֶר בְּנֶגַע הַצָּרַעַת לִשְׁמֹר מְאֹד וְלַעֲשׂוֹת כְּכֹל אֲשֶׁר יוֹרוּ אֶתְכֶם הַכֹּהֲנִים הַלְוִיִּם כַּאֲשֶׁר צִוִּיתִם תִּשְׁמְרוּ לַעֲשׂוֹת:
Be cautious regarding the lesion of tzara’ath: that you do not remove any of the signs of uncleanness [e.g., by peeling off the skin], and that you do not cut off a bahereth , bright spot. — [Sifrei 24:140, Mak. 22a] השמר בנגע הצרעת: שלא תתלוש סימני טומאה, ולא תקוץ את הבהרת:
according to all that [the Levite kohanim] instruct you: whether to quarantine [the person with tzara’ath], whether to make a decisive diagnosis [of tzara’ath], or whether to declare him clean. ככל אשר יורו אתכם: אם להסגיר אם להחליט אם לטהר:
9Remember what the Lord, your God, did to Miriam on the way, when you went out of Egypt. טזָכוֹר אֵת אֲשֶׁר עָשָׂה יְהֹוָה אֱלֹהֶיךָ לְמִרְיָם בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם:
Remember what the Lord, your God, did to Miriam: If you wish to take precautions against being stricken with tzara’ath, then do not speak לָשׁוֹן הָרַע [slander, derogatory remarks]. Remember what was done to Miriam, who spoke against her brother [Moses] and was stricken with lesions [of tzara’ath] (see Num. 12:1-16). - [Sifrei 24: 141] זכור את אשר עשה ה' אלהיך למרים: אם באת להזהר שלא תלקה בצרעת, אל תספר לשון הרע. זכור העשוי למרים שדברה באחיה ולקתה בנגעים:
10When you lend your fellow [Jew] any item, you shall not enter his home to take his security. יכִּי תַשֶּׁה בְרֵעֲךָ מַשַּׁאת מְאוּמָה לֹא תָבֹא אֶל בֵּיתוֹ לַעֲבֹט עֲבֹטוֹ:
When you lend your fellow [Jew]: Heb. כִּי-תַשֶּׁה, lit., when you obligate your friend. כי תשה ברעך: תחוב בחברך:
any item: Heb. מַשַּׁאת מְאוּמָה, lit., a debt involving anything. משאת מאומה: חוב של כלום:
11You shall stand outside, and the man to whom you are extending the loan shall bring the security to you outside. יאבַּחוּץ תַּעֲמֹד וְהָאִישׁ אֲשֶׁר אַתָּה נשֶׁה בוֹ יוֹצִיא אֵלֶיךָ אֶת הָעֲבוֹט הַחוּצָה:
12And if he is a poor man, you shall not lie down [to sleep] with his security. יבוְאִם אִישׁ עָנִי הוּא לֹא תִשְׁכַּב בַּעֲבֹטוֹ:
you shall not lie down [to sleep] with his security: You shall not lie down [to sleep] while you have his security in your possession. — [Sifrei 24:144, B.M. 114b] לא תשכב בעבוטו: לא תשכב ועבוטו אצלך:
13You shall return the security to him by sunset, so that he may lie down [to sleep] in his garment, and he will bless you, and it will be counted for you as merit before the Lord, your God. יגהָשֵׁב תָּשִׁיב לוֹ אֶת הָעֲבוֹט כְּבוֹא הַשֶּׁמֶשׁ וְשָׁכַב בְּשַׂלְמָתוֹ וּבֵרֲכֶךָּ וּלְךָ תִּהְיֶה צְדָקָה לִפְנֵי יְהֹוָה אֱלֹהֶיךָ:
[You shall return the security to him] by sunset: if it is a garment worn at night. And if it is a garment worn by day, return it in the morning. This has already been written in parshath Mishpatim , where the verse says, “ until sunset you shall return it to him” (Exod. 22:25), meaning that you shall return it to him for the entire day, and when the sun sets, you may take it [back]. — [B.M. 114b] כבוא השמש: אם כסות לילה הוא, ואם כסות יום החזירהו בבקר, וכבר כתוב בואלה המשפטים (שמות כב כה) עד בא השמש תשיבנו לו, כל היום תשיבנו לו וכבוא השמש תקחנו:
and he will bless you: And if he does not bless you, it will nevertheless “be counted for you as merit.” - [Sifrei 24:144] וברכך: ואם אינו מברכך, מכל מקום ולך תהיה צדקה:
Daily Tehillim: Psalms Chapters 69 - 71
• Special Custom for the Month of Elul and High Holidays
• Lessons in Tanya
• Friday, Elul 13, 5775 · August 28, 2015
Rambam:
• Sefer Hamitzvos:
Today's Mitzvah
Friday, Elul 13, 5775 · August 28, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 236
Personal Injury
"If men quarrel, and one strikes the other..."—Exodus 21:18.
The courts are commanded to adjudicate cases that involve personal injury cause by one person to another. [Monetary penalties are assessed to compensate for devaluation of the injured individual, pain sustained, medical bills, unemployment due to the injury, and shame incurred.]
Only an ordained court in the Land of Israel can adjudicate such cases [with the exception of medical bills and unemployment, that can be adjudicated by all rabbinical courts no matter the location].
• 1 Chapter: Sotah Sotah - Chapter Two
Hayom Yom:
• Friday, Elul 13, 5775 · 28 August 2015
"Today's Day"
Monday Elul 13 5703
Torah lessons: Chumash: Tavo, Sheini with Rashi.
Tehillim: 69-71. Also 37-39.
Tanya: And every year (p. 463) ...for the initiated. (p. 465).
The chassid R. Hendel1 related: It was known to all chassidim that at one's first yechidus the orla (insensitive "thick skin") was removed. Whatever else, one was immediately rid of the orla of the heart.
FOOTNOTES
1. See Tevet 16.
Chumash: Ki Teitzei, 6th Portion Deuteronomy 24:5-24:13 with Rashi
• Chapter 24
5When a man takes a new wife, he shall not go out in the army, nor shall he be subjected to anything associated with it. He shall remain free for his home for one year and delight his wife, whom he has taken. הכִּי יִקַּח אִישׁ אִשָּׁה חֲדָשָׁה לֹא יֵצֵא בַּצָּבָא וְלֹא יַעֲבֹר עָלָיו לְכָל דָּבָר נָקִי יִהְיֶה לְבֵיתוֹ שָׁנָה אֶחָת וְשִׂמַּח אֶת אִשְׁתּוֹ אֲשֶׁר לָקָח:
[When a man takes] a new wife: [i.e., one] who is new to him, even if she is a widow [i.e., she was previously married to someone else], but this excludes [a man who] remarries his divorcee. — [Sotah 44a] אשה חדשה: שהיא חדשה לו ואפילו אלמנה, פרט למחזיר גרושתו:
nor shall he be subjected: lit., nor shall it pass over him, [referring to] the order of the army. ולא יעבור עליו: דבר הצבא:
to anything associated with it: that is required by the army: [For instance,] he must not supply water and food or repair the roads [for the army]. However, men who return from the battlefield by the order of the kohen because they either built a house but did not yet dedicate it, or betrothed a woman but did not yet take her [as a wife] [see Deut. 20:5-7], are required to supply water and food and repair the roads [for the army]. — [Sotah 43a] לכל דבר: שהוא צורך הצבא, לא לספק מים ומזון ולא לתקן דרכים, אבל החוזרים מעורכי המלחמה על פי כהן, כגון בנה בית ולא חנכו או ארס אשה ולא לקחה, מספיקין מים ומזון ומתקנין את הדרכים:
He shall remain [free] for his home: Heb. לְבֵיתוֹ, lit.,“for his house,” [meaning] also for his house. If he built a new house and dedicated it, or if he planted a vineyard (see Deut. 20:6) and redeemed it [i.e., he just began to partake of its fruits in the fourth year by redeeming them and eating their value in Jerusalem], he does not move from his home for the needs of war. יהיה לביתו: אף בשביל ביתו, אם בנה בית וחנכו ואם נטע כרם וחללו, אינו זז מביתו בשביל צורכי המלחמה:
for his home: Heb. לְבֵיתוֹ. This refers to his house [as explained above]. לביתו: זה ביתו:
must remain: Heb. יִהְיֶה. [This] comes to include his vineyard [as explained above]. יהיה: לרבות את כרמו:
and delight: Heb. וְשִׂמַּח. [The word אֶת in this phrase, וְשִׂמַּח אֶת-אִשְׁתּוֹ, can mean “with,” or it can introduce the direct object, namely, “his wife.” Thus, this phrase can either mean “he shall rejoice with his wife,” or it could mean “he shall delight his wife.” Here, Rashi decides that the meaning is]“He shall delight his wife” [that is, the verb is in the piel (intensive causative) conjugation]. Thus, the [correct] rendering is as it appears in the Targum [Onkelos]: וְיַחְדֵי יַת אִיתְּתֵהּ,“and he shall make his wife happy.” One who renders: וְיֶחְדֵי יַת אִיתְּתֵהּ,“he shall rejoice with his wife,” is mistaken, for this is not the translation of וְשִׂמַּח [in the piel, causative conjugation], but [the translation] of וְשָׂמַח, [the kal, simple intransitive conjugation]. ושמח: ישמח את אשתו. ותרגומו ויחדי ית אתתיה. והמתרגם ויחדי עם אתתיה, טועה הוא, שאין זה תרגום של ושמח אלא של ושמח:
6One shall not take the lower or the upper millstone as security [for a loan], because he is taking a life as security. ולֹא יַחֲבֹל רֵחַיִם וָרָכֶב כִּי נֶפֶשׁ הוּא חֹבֵל:
One shall not take the lower or the upper millstone as security [for a loan]: If [a creditor] comes to the court to demand security for a debt [for which no security had previously been required], he may not take as security articles used in the preparation of food. — [B.M. 115a] לא יחבול: אם בא למשכנו על חובו בבית דין, לא ימשכננו בדברים שעושים בהן אוכל נפש:
the lower millstone: Heb. רֵחַיִם. This is the lower [millstone]. רחים: היא התחתונה:
the upper millstone: Heb. וָרָכֶב. This is the upper [millstone]. ורכב: היא העליונה:
7If a man is discovered kidnapping any person from among his brothers, of the children of Israel, and treats him as a slave and sells him that thief shall die, so that you shall clear out the evil from among you. זכִּי יִמָּצֵא אִישׁ גֹּנֵב נֶפֶשׁ מֵאֶחָיו מִבְּנֵי יִשְׂרָאֵל וְהִתְעַמֶּר בּוֹ וּמְכָרוֹ וּמֵת הַגַּנָּב הַהוּא וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ:
If [a man] is discovered: By witnesses, and after he was warned [not to kidnap] (Sifrei 24:139). Likewise, every [instance of] יִמָּצֵא, “[if someone is] discovered,” in the Torah. - [Mechilta 21:63] כי ימצא: בעדים והתראה. וכן כל כי ימצא שבתורה:
and treats him as a slave: The perpetrator is not liable [to the death penalty] until he uses [his victim as a slave]. — [Sifrei 24:139, San. 85b] והתעמר בו: אינו חייב עד שישתמש בו:
8Be cautious regarding the lesion of tzara'ath, to observe meticulously and you shall do according to all that the Levite priests instruct you; as I have commanded them, [so shall you] observe to do. חהִשָּׁמֶר בְּנֶגַע הַצָּרַעַת לִשְׁמֹר מְאֹד וְלַעֲשׂוֹת כְּכֹל אֲשֶׁר יוֹרוּ אֶתְכֶם הַכֹּהֲנִים הַלְוִיִּם כַּאֲשֶׁר צִוִּיתִם תִּשְׁמְרוּ לַעֲשׂוֹת:
Be cautious regarding the lesion of tzara’ath: that you do not remove any of the signs of uncleanness [e.g., by peeling off the skin], and that you do not cut off a bahereth , bright spot. — [Sifrei 24:140, Mak. 22a] השמר בנגע הצרעת: שלא תתלוש סימני טומאה, ולא תקוץ את הבהרת:
according to all that [the Levite kohanim] instruct you: whether to quarantine [the person with tzara’ath], whether to make a decisive diagnosis [of tzara’ath], or whether to declare him clean. ככל אשר יורו אתכם: אם להסגיר אם להחליט אם לטהר:
9Remember what the Lord, your God, did to Miriam on the way, when you went out of Egypt. טזָכוֹר אֵת אֲשֶׁר עָשָׂה יְהֹוָה אֱלֹהֶיךָ לְמִרְיָם בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם:
Remember what the Lord, your God, did to Miriam: If you wish to take precautions against being stricken with tzara’ath, then do not speak לָשׁוֹן הָרַע [slander, derogatory remarks]. Remember what was done to Miriam, who spoke against her brother [Moses] and was stricken with lesions [of tzara’ath] (see Num. 12:1-16). - [Sifrei 24: 141] זכור את אשר עשה ה' אלהיך למרים: אם באת להזהר שלא תלקה בצרעת, אל תספר לשון הרע. זכור העשוי למרים שדברה באחיה ולקתה בנגעים:
10When you lend your fellow [Jew] any item, you shall not enter his home to take his security. יכִּי תַשֶּׁה בְרֵעֲךָ מַשַּׁאת מְאוּמָה לֹא תָבֹא אֶל בֵּיתוֹ לַעֲבֹט עֲבֹטוֹ:
When you lend your fellow [Jew]: Heb. כִּי-תַשֶּׁה, lit., when you obligate your friend. כי תשה ברעך: תחוב בחברך:
any item: Heb. מַשַּׁאת מְאוּמָה, lit., a debt involving anything. משאת מאומה: חוב של כלום:
11You shall stand outside, and the man to whom you are extending the loan shall bring the security to you outside. יאבַּחוּץ תַּעֲמֹד וְהָאִישׁ אֲשֶׁר אַתָּה נשֶׁה בוֹ יוֹצִיא אֵלֶיךָ אֶת הָעֲבוֹט הַחוּצָה:
12And if he is a poor man, you shall not lie down [to sleep] with his security. יבוְאִם אִישׁ עָנִי הוּא לֹא תִשְׁכַּב בַּעֲבֹטוֹ:
you shall not lie down [to sleep] with his security: You shall not lie down [to sleep] while you have his security in your possession. — [Sifrei 24:144, B.M. 114b] לא תשכב בעבוטו: לא תשכב ועבוטו אצלך:
13You shall return the security to him by sunset, so that he may lie down [to sleep] in his garment, and he will bless you, and it will be counted for you as merit before the Lord, your God. יגהָשֵׁב תָּשִׁיב לוֹ אֶת הָעֲבוֹט כְּבוֹא הַשֶּׁמֶשׁ וְשָׁכַב בְּשַׂלְמָתוֹ וּבֵרֲכֶךָּ וּלְךָ תִּהְיֶה צְדָקָה לִפְנֵי יְהֹוָה אֱלֹהֶיךָ:
[You shall return the security to him] by sunset: if it is a garment worn at night. And if it is a garment worn by day, return it in the morning. This has already been written in parshath Mishpatim , where the verse says, “ until sunset you shall return it to him” (Exod. 22:25), meaning that you shall return it to him for the entire day, and when the sun sets, you may take it [back]. — [B.M. 114b] כבוא השמש: אם כסות לילה הוא, ואם כסות יום החזירהו בבקר, וכבר כתוב בואלה המשפטים (שמות כב כה) עד בא השמש תשיבנו לו, כל היום תשיבנו לו וכבוא השמש תקחנו:
and he will bless you: And if he does not bless you, it will nevertheless “be counted for you as merit.” - [Sifrei 24:144] וברכך: ואם אינו מברכך, מכל מקום ולך תהיה צדקה:
Daily Tehillim: Psalms Chapters 69 - 71
• 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 69
1. For the Conductor, on the shoshanim,1 by David.
2. Deliver me, O God, for the waters have reached until my soul!
3. I have sunk in muddy depths without foothold; I have come into deep waters, and the current sweeps me away.
4. I am wearied by my crying, my throat is parched; my eyes pined while waiting for my God.
5. More numerous than the hairs on my head are those who hate me without reason. Mighty are those who would cut me off, those who are my enemies without cause. What I have not stolen, I will then have to return.
6. O God, You know my folly, and my wrongs are not hidden from You.
7. Let not those who hope in You be shamed through me, O my Lord, God of Hosts; let not those who seek You be disgraced through me, O God of Israel,
8. because for Your sake I have borne humiliation, disgrace covers my face.
9. I have become a stranger to my brothers, an alien to my mother's sons,
10. for the envy of Your House has consumed me, and the humiliations of those who scorn You have fallen upon me.
11. And I wept while my soul fasted, and it was a humiliation to me.
12. I made sackcloth my garment, and became a byword for them.
13. Those who sit by the gate speak of me, and [of me] are the songs of drunkards.
14. May my prayer to You, Lord, be at a gracious time; God, in Your abounding kindness, answer me with Your true deliverance.
15. Rescue me from the mire, so that I not sink; let me be saved from my enemies and from deep waters.
16. Let not the current of water sweep me away, nor the deep swallow me; and let not the pit close its mouth over me.
17. Answer me, Lord, for Your kindness is good; according to Your abundant mercies, turn to me.
18. Do not hide Your face from Your servant, for I am in distress-hurry to answer me.
19. Draw near to my soul and liberate it; redeem me, so that my enemies [not feel triumphant].
20. You know my humiliation, my shame, and my disgrace; all my tormentors are before You.
21. Humiliation has broken my heart, and I have become ill. I longed for comfort, but there was none; for consolers, but I did not find.
22. They put gall into my food, and for my thirst they gave me vinegar to drink.
23. Let their table become a trap before them, and [their] serenity, a snare.
24. Let their eyes be darkened so that they cannot see, and let their loins continually falter.
25. Pour Your wrath upon them, and let the fierceness of Your anger overtake them.
26. Let their palace be desolate, let there be no dweller in their tents,
27. for they persecute the one whom You struck, and tell of the pain of Your wounded ones.
28. Add iniquity to their iniquity, and let them not enter into Your righteousness.
29. May they be erased from the Book of Life, and let them not be inscribed with the righteous.
30. But I am poor and in pain; let Your deliverance, O God, streng-then me.
31. I will praise the Name of God with song, I will extol Him with thanksgiving!
32. And it will please the Lord more than [the sacrifice of] a mature bull with horns and hooves.
33. The humble will see it and rejoice; you seekers of God, [see] and your hearts will come alive.
34. For the Lord listens to the needy, and He does not despise His prisoners.
35. Let heaven and earth praise Him, the seas and all that moves within them,
36. for God will deliver Zion and build the cities of Judah, and they will settle there and possess it;
37. and the seed of His servants will inherit it, and those who love His Name will dwell in it.
Chapter 70
David prays that his enemies be shamed and humiliated for their shaming him and reveling in his troubles. Then the righteous will rejoice, and chant songs and praises always.
1. For the Conductor, by David, to remind.
2. O God, [come] to rescue me; O Lord, hurry to my aid.
3. Let those who seek my life be shamed and disgraced; let those who wish me harm retreat and be humiliated.
4. Let those who say, "Aha! Aha!" be turned back in return for their shaming [me].
5. Let all who seek You rejoice and delight in You, and let those who love Your deliverance say always, "May God be exalted!”
6. But I am poor and needy; hurry to me, O God! You are my help and deliverer; O God, do not delay!
Chapter 71
In this awe-inspiring prayer, David speaks of his enemies' desire to kill him, declaring him deserving of death.
1. I have taken refuge in You, O Lord; I will never be shamed.
2. Rescue me and deliver me in Your righteousness; incline Your ear to me and save me.
3. Be for me a sheltering rock, to enter always. You have ordered my salvation, for You are my rock and my fortress.
4. O my God, rescue me from the hand of the wicked, from the palm of the scheming and violent.
5. For You are my hope, O my Lord, God, my security since my youth.
6. I have relied on You from the womb; You drew me from my mother's innards; my praise is of You always.
7. I became an example to the masses, yet You were my mighty refuge.
8. Let my mouth be filled with Your praise, all day long with Your glory.
9. Do not cast me aside in old age; do not forsake me when my strength fails;
10. for my enemies say of me, and those who watch my soul conspire together,
11. saying, "God has forsaken him. Give chase and catch him, for there is no rescuer.”
12. O God, do not distance Yourself from me; my God, hurry to my aid.
13. Let the adversaries of my soul be shamed and consumed; let those who seek my harm be enwrapped in disgrace and humiliation.
14. But as for me, I will always hope; I will add to all Your praises.
15. My mouth will tell of Your righteousness, all day long of Your deliverance, for I do not know their number.
16. I come with the strength of my Lord, God; I mention Your righteousness, Yours alone.
17. O God, You have taught me since my youth, and to this day I tell of Your wonders.
18. Even into old age and hoariness, O God, do not abandon me, until I tell of Your might to the generations, and of Your strength to all who are to come.
19. Your righteousness, O God, reaches the high heavens, for You do great things; O God, who is like You!
20. You, Who has shown me many and grievous troubles, You will revive me again; You will lift me again from the depths of the earth.
21. You will increase my greatness; You will turn and console me.
22. I too1 will thank You on the lyre for Your faithfulness, My God; I will sing to You on the harp, O Holy One of Israel.
23. My lips will rejoice when I sing to you, as well as my soul which You have redeemed.
24. My tongue will also utter Your righteousness all day, for those who seek my harm are shamed and disgraced.
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 37, 38 and 39.
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.
Chapter 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
Tanya: Iggeret HaKodesh, middle of Epistle 13• Lessons in Tanya
• Friday, Elul 13, 5775 · August 28, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 13
והנה כל איש ישראל צריך להיות כלול מב׳ בחינות אלו
Now, every Jew needs to comprise both these traits: a Jew whose soul derives from Chesed must also incorporate the thrust of Gevurah, and vice versa,
ואין לך דבר שאין לו מקום
for1 “There is no thing that has not its place.”
Both Chesed and Gevurah are essential to one’s service; at times he must use one attribute, at times — the other.
ולכן מצינו כמה דברים מקולי בית שמאי ומחומרי בית הלל
Thus we find various matters that exemplify the leniencies of Beit Shammai and the stringencies of Beit Hillel.2
ללמדנו, שאף בית שמאי, ששרש נשמתם מבחינת שמאל העליון, ולכן היו דנין להחמיר תמיד בכל איסורי התורה
This comes to teach us that even Beit Shammai, whose soul was rooted in the Supernal “left”,3 (which is why they always decided stringently as regards all the prohibitions of the Torah,
For stringencies stem from Gevurah, inasmuch as they prevent an object from being used and thereby elevated.
ובית הלל, שהיו מבחינת ימין העליון, היו מלמדין זכות להקל ולהתיר איסורי בית שמאי
whereas Beit Hillel, who derived from the Supernal “right”, would find arguments for leniency in order to render permissible the things prohibited by Beit Shammai,
שיהיו מותרים מאיסורם, ויוכלו לעלות למעלה
so that these should become released from their prohibitive bonds and be able to ascend), —
The word אסור means “bound” (i.e., to the sitra achra) and hence “prohibited”. Its opposite (מותר) means “released” and hence “permitted”. Declaring an object permissible thus unfetters it from the bonds of the sitra achra, thereby allowing it to ascend, as explained in Tanya, Part I, ch. 7.
אף על פי כן, בכמה דברים היו בית שמאי מקילין
nevertheless, in numerous matters, [even] Beit Shammai were lenient.
מפני התכללות שרש נשמתם, שהוא כלול גם מימין
[This is so] because of the inclusiveness of their soul’s root, which is compounded of the “right” (Chesed)as well.
וכן שורש נשמת בית הלל כלול גם משמאל
And, likewise, the root of Beit Hillel’s soul was also compounded of the “left” (Gevurah).
כידוע דרך ומדות קדש העליון
For, as is known of the mode and the attributes4 (i.e., the manner) of Supernal Holiness,
דלית תמן קיצוץ ופירוד, חס ושלום
“there is no cleavage or division there,”5 heaven forfend;
וכל המדות כלולות זו מזו
rather, all the traits that derive from Supernal Holiness incorporate each other — Chesed incorporates an aspect ofGevurah; Gevurah of Chesed; and so on.
ולכן הן מיוחדות זו בזו, כידוע ליודעי חן
They are therefore in union with each other, as is known to those who study the Kabbalah (lit., “the scholars of the Hidden Wisdom”).
Although Chesed and Gevurah are opposites, nonetheless, since they are also compounded of each other, they are able to work together.
וכדכתיב באברהם, שהוא מדת החסד והאהבה: עתה ידעתי כי ירא אלקים אתה
Thus it is written of Abraham,6 who personifies the attribute of Chesed and love, “Now I know that you stand in awe of G‑d,”
על ידי שלבש מדת הגבורה, ויעקוד את יצחק בנו, ויקח את המאכלת גו׳
— for he had garbed himself in the attribute of Gevurah, which was not of his essence,7 “And bound Isaac his son...and took the knife [to slaughter his son].”
We thus see that Abraham, who is the very embodiment of Chesed, was able to respond as the occasion demanded with even this expression of severity, the very epitome of the attribute of Gevurah.
ומה שאמר הכתוב: אברהם אוהבי, ופחד יצחק
As for Scripture characterizing him as8 “Abraham who loved Me,” and [in another verse characterizing Isaac as]9 “the Dread of Isaac,” thereby indicating that Abraham’s service was an expression of Chesed and Isaac’s service an expression of Gevurah, which would seem to contradict the earlier statement that Abraham also revealed the attribute of Gevurah,
הנה ההפרש וההבדל הזה הוא בבחינת גילוי והעלם
this difference and distinction exists [only] on the scale of manifestation and concealment.
שבמדת יצחק, הפחד הוא בבחינת גילוי, והאהבה מסותרת בבחינת העלם והסתר
In Isaac’s mode of divine service, the fear is manifest, while the love is hidden, in a state of concealment and hiding.
וההיפך במדת אברהם אבינו, עליו השלום
The opposite is the case with the trait of our father Abraham, peace be to him — Chesed was manifest andGevurah was concealed.
| FOOTNOTES | |
| 1. | Avot 4:3. |
| 2. | Note of the Rebbe: “Eduyot, chs. 4-5.” |
| 3. | Note of the Rebbe: “See Zohar III, 245a.” |
| 4. | Note of the Rebbe in He’arot VeTikkunim: “This expression requires some explanation.” |
| 5. | Zohar III, 70a. |
| 6. | Bereishit 22:12. |
| 7. | Ibid., verses 9, 10. |
| 8. | Yeshayahu 41:8. |
| 9. | Bereishit 31:42. |
• Sefer Hamitzvos:
Today's Mitzvah
Friday, Elul 13, 5775 · August 28, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 236
Personal Injury
"If men quarrel, and one strikes the other..."—Exodus 21:18.
The courts are commanded to adjudicate cases that involve personal injury cause by one person to another. [Monetary penalties are assessed to compensate for devaluation of the injured individual, pain sustained, medical bills, unemployment due to the injury, and shame incurred.]
Only an ordained court in the Land of Israel can adjudicate such cases [with the exception of medical bills and unemployment, that can be adjudicated by all rabbinical courts no matter the location].
Personal Injury
Personal Injury
Positive Commandment 236
Translated by Berel Bell
The 236th mitzvah is that we are commanded regarding someone who wounds another person.
The source of this commandment is G‑d's statement1 (exalted be He), "[This is the law] when two men fight, and one hits the other..." These laws are called dinei k'nasos ["the laws of fines"].
There is one general verse which includes all these laws, namely G‑d's statement2 (exalted be He), "[If one maims his neighbor,] whatever he did must be done to him in return." The Oral Tradition explains that [it does not mean that he is literally to be harmed in return, but that] he must pay the monetary equivalent of the damage he has caused to the other person. Even if he merely shamed him, he must pay appropriate damages.
You should be aware that all these laws involve damage that one person causes to another. They may be judged and determined only by a High Court which was ordained in Israel. The same applies for cases when an animal damages a person or another animal.
The details of this mitzvah are explained in the 8th chapter of tractate Bava Kama.
FOOTNOTES
1.Ex. 21:18.
2.Lev. 24:19.
Sotah - Chapter Two
Halacha 1
When a woman is given a warning and enters into privacy [with the man in question], she is not compelled to drink the bitter water. Instead, if she says, "I committed adultery," she is not required to drink the waters, but she must be divorced without receiving [the money due her by virtue of] her ketubah, and she is forbidden to her husband forever.
Similarly, if she says: "I did not commit adultery, but I will not drink the waters,"1she is not forced to drink, but she must be divorced without receiving [the money due her by virtue of] her ketubah.
And if her husband says, "I don't want to have her drink," or if he engaged in relations with her after she entered into privacy [with the man in question], she should not drink [the bitter water].2 Instead, she is given [the money due her by virtue of] her ketubah3 and departs; she is forbidden to him forever.
Halacha 2
The following women are not fit to drink [the bitter water] even though they desire to drink, and their husbands desire to have them drink. Instead, once witnesses testify that [such women] entered into privacy with the men in question after witnesses testify that a warning was granted, they are forbidden to their husbands and must be divorced without receiving [the money due them by virtue of] their ketubah. There are fifteen such women; they are:
a woman who was consecrated but the marriage bond was not consummated,
a yevamah who is waiting for her husband's brother to perform yibbum,4
a minor married to a man past the age of majority,
a woman who is past majority who is married to a minor,
the wife of an androgynous,5
the wife of a blind man,
the wife of a man who limps,
who cannot speak, who is deaf, or whose hand has been cut off, and
similarly, a woman who limps, who cannot speak, who is blind, whose hand has been cut off, or who is deaf.
All the above are not fit to drink [the bitter water].6
Halacha 3
What are the sources that exclude these women from drinking [the bitter water]? [Numbers 5:29] states: "When a woman deviates [from the paths of modesty] while married to her husband...."
"While married" excludes a woman who was consecrated, but the marriage bond was not consummated, and a yevamah who is waiting for her husband's brother to perform yibbum. "Her husband" excludes a minor married to a man past the age of majority.7 "While married to her husband" excludes a woman who is past majority who is married to a minor8, and the wife of anandrogynous, for he is not a man.9
[Numbers 5:13 states:] "And it was hidden from the eyes of her husband" - This excludes the wife of a blind man.10 "And the priest shall have the woman stand" [Ibid.:18] - This excludes a woman who limps. "And he shall place on her palm" [Ibid.] - This excludes a woman who does not have a hand or whose hand is crooked or shrunk to the extent that she cannot hold [the meal offering]. This applies even if only one hand is in this condition, for the verse uses the plural form of the word palm, [indicating that both hands must be fit to perform this act].
"And the woman shall say" [Ibid.:22] - This excludes a woman who cannot speak. "And he shall say to the woman" [Ibid.:19] - This excludes a woman who cannot hear. And [the passage continues, Ibid.:20:] "When a woman deviates [from the path of modesty] while married to her husband..." - This indicates that she must be of sound body, possessing all the physical characteristics [mentioned previously] that he possesses, and he [must possess the characteristics mentioned that she possesses].
This teaches that any physical factor that prevents her from drinking [the bitter water] prevents her husband from compelling her to drink. And any factor that prevents her husband from compelling her to drink prevents her from drinking.
Halacha 4
When a minor is married off by her father, she is forbidden to her husband if she willingly commits adultery. Therefore, she is given a warning, not to compel her to drink [the bitter water], but so that she will be denied [the money due her by virtue of] her ketubah, as stated above.11
Halacha 5
When a man issues a warning to a woman he consecrated or to his yevamah, and she entered into privacy [with the man in question] after [the husband] consummated their marriage, she must drink [the bitter water] like any other [married] woman.14
When a husband issued a warning to his wife and she enters into privacy [with the man in question] before her husband engaged in sexual relations with her,15 she does not drink [the bitter water]. Instead, she is divorced without receiving [the money due her by virtue of] her ketubah and is forbidden to her husband forever. [This is alluded to by Numbers 5:20, which] states: "And another man has lain with you other than your husband," [implied is] that relations with the husband preceded relations with the man in question.
Halacha 6
[The following women are judged] like all other married women - who are permitted to remain married - and are required to drink [the bitter water if they violated a husband's warning]: a convert, a freed maidservant, the wife of a convert, the wife of a freed servant, a woman who is of illegitimate parenthood, the wife of a man of illegitimate parenthood and the wife of an impotent man - whether he became impotent naturally or through an act of man.16
Halacha 7
A pregnant woman and a nursing woman are required to drink [the bitter water] in their present state.17 When a woman is required to drink [the bitter water], but her husband dies before she has the opportunity of doing so, she should neither drink18 nor collect [the money due her by virtue of] her ketubah.19
Halacha 8
Whenever a man has engaged in forbidden relations from the time he attained majority onward, the curse-bearing waters20 do not test [the fidelity of] his wife. Even if he engaged in relations with the woman he consecrated while she was living in her father's house - which is a Rabbinic prohibition21 - the waters do not test [the fidelity of] his wife. [This is derived from Numbers 5:31, which] states: "The man will then be free of sin, and the woman will bear [the burden of] her sin." [Implied is that] when the man is "free of sin," "the woman will bear [the burden of] her sin."
Halacha 9
Therefore, if a man's wife is forbidden to him because of a negative commandment, a positive commandment, or even [a Rabbinic prohibition - e.g.,] a sh'niyah, and he warned her and she entered into privacy [with the man in question], she should not drink [the bitter water].22 Instead, she should be divorced and should not receive [the money due her by virtue of] her ketubah. She becomes forbidden to him for this reason as well.
When a man transgresses and marries a woman who was made pregnant by another man, or who is nursing a child she bore by another man, she may [be compelled to] drink [the bitter water], since there is no transgression involved [in their relationship].23
Halacha 10
When a man is not married to a woman capable of bearing children, nor has he [fathered] children in [a previous marriage], and he marries a barren woman, a woman past the age of child-bearing or an aylonit, [the marriage is not considered desirable in the eyes of the Sages].24 [Therefore,] such a woman may not drink [the bitter water], nor does she receive [the money due her by virtue of] her ketubah [if the husband divorces her for violating his warning].
If, however, [the husband] has [already fathered] children, or he has another wife capable of bearing children, he may compel [his other wife] to drink [the bitter water] even if she is past the age of child-bearing, barren or an aylonit, and thus incapable of giving birth.25 For the Torah's statement, [Numbers 5:28] "And she will be cleared and she will conceive" applies solely to a woman capable of giving birth,26 [implying] that if previously she would give birth in pain, she will give birth comfortably; if previously she would give birth to daughters, she will give birth to sons.
Halacha 11
If [a husband] had [another] wife [capable of bearing children] or had children, but they died between the time when the warning was issued and the time the woman entered into privacy [with the man in question], the woman was already fit to drink the bitter water, and she should be compelled to drink.
If [a husband] did not have children or [another] wife capable of bearing children aside from an aylonit or another woman [incapable of bearing children], and his divorcee bore him a son27 between the time when the warning was issued and the time the woman entered into privacy [with the man in question], the aylonit was already excluded from drinking [and that ruling remains].
Halacha 12
Whenever a warning was administered to a woman and she entered into privacy [with the man in question], but did not drink the bitter water - whether her husband did not desire to compel her to drink, she did not want to drink, a witness testified that she committed adultery, she was one of the women who are unfit to drink [the bitter water],28 or the warning was administered by the court [and not by her husband]29 - since she becomes forbidden to her husband, she also becomes forbidden to the man with whom she entered into privacy just as she is forbidden to her husband.30
If this other man transgresses and marries her, he is compelled to divorce her even if she has borne him many children. Based on the Oral Tradition our Sages taught: Just as she is forbidden to her husband, she is forbidden to the man with whom she engaged in relations.31
Halacha 13
[Different rules apply when,] however, a woman was not warned and witnesses came and testified that she entered into privacy with a man, and then they discovered unsavory behavior: e.g., they entered [her room] after [the man in question did] and saw her tying her belt, they found wet spittle on the bed's canopy,32 or the like. If her husband divorces her because of this unsavory behavior,33 she should not marry the man with whom she is suspected [of having relations]; instead, she should be forbidden to him.
If she transgresses and marries [this man] and children are born to them, she need not be divorced.34 If she has not borne [this man] children, he must divorce her.
Halacha 14
When does the above apply? When [the inhabitants of] a city gossiped about the man and woman in question for a day and a half or more, saying: "So and so committed adultery with so and so," and this rumor did not cease. [Moreover, this applies] only when neither [the man nor the woman in question] have enemies who spread this rumor.35
If, however, the rumor was not widespread throughout the city, or the rumor ceased for reasons other than fear [different rules apply]. If she marries [the man in question], she need not be divorced although she has not borne him any children. Even when one witness comes and testifies that she committed adultery with him, she need not be divorced.36
Halacha 15
If a woman who was divorced by her [first] husband for unsavory behavior marries another man and is later divorced by him, she is forbidden to marry the man because of whom she was divorced by her first husband. If, however, she marries him, he is not compelled to divorce her even though she has not borne him children.37
Halacha 16
Whenever two witnesses testify that, while she was married to another man, a woman committed adultery38 with the man to whom she is presently married, she must be divorced by her present husband even though she has borne him several children.
In all the instances where we said that a woman must be divorced, she is not entitled to receive [the money due her by virtue of] her ketubah.39
| FOOTNOTES | |
| 1. |
Although she claims innocence, she is still afraid of drinking the waters. See Chapter 4, Halachah 3.
|
| 2. |
As stated in Chapter 1, Halachah 2, from the time the woman enters into privacy with the man in question, her husband is forbidden to enter into relations with her. As such, if they engaged in relations, the bitter water will not show her guilt, as indicated by Halachah 8.
|
| 3. |
Because it is her husband's actions that prevent her from drinking the waters that can establish her innocence, he must bear the financial responsibility.
|
| 4. |
The commentaries raise a question based on Hilchot Yibbum 2:20, which states that when ayevamah engages in relations with another man, she does not become forbidden to her yavam. They explain that an exception is made when the yavam issues a warning and forbids theyevamah to enter into privacy with a particular man.
|
| 5. |
A person who has both male and female sexual organs.
|
| 6. |
If they violate a warning given by their husbands and enter into privacy with the man in question, they are to be divorced without receiving the money due them by virtue of their ketubah.
|
| 7. |
When a girl below majority was not consecrated by her father, the consecration is not effective by Scriptural law. Even when she was consecrated by her father, she is not required to drink the bitter water unless she is warned after attaining majority. (See Halachah 4.) Note the Kessef Mishneh, who quotes a different source from that mentioned by the Rambam.
|
| 8. |
A woman consecrated by a minor is not considered consecrated at all (Hilchot Ishut 4:7).
|
| 9. |
As stated in Hilchot Ishut 4;11, when an androgynous consecrates a woman, the status of thekiddushin is in doubt.
|
| 10. |
Who could not see, even when the two did not act in secrecy (Sotah 27a).
|
| 11. |
The Ra'avad differs with the Rambam's ruling, maintaining that a minor is never forbidden to her husband because of adultery unless he is a priest, basing his opinion on Yevamot 33b, which states: "The seduction of a minor is always considered equivalent to rape."
In his gloss on Hilchot Issurei Bi'ah 3:2, the Maggid Mishneh substantiates the Rambam's ruling, citing Ketubot 9a, which states that the statements of a husband who claims that his wife is not a virgin are accepted and cause her to be forbidden to him. According to the Rambam, this applies even when the girl is a minor. (See also the Kessef Mishneh.)
|
| 12. |
I.e., an orphan who was married off by someone other than her father. See Hilchot Ishut 4:8;Hilchot Gerushin 11:1.
|
| 13. |
Since according to Scriptural law, her marriage is not binding, relations with another man are not considered adulterous. Even a priest who may not marry a woman who engaged in a forbidden sexual relationship may remain married to this girl.
|
| 14. |
Although these women are not required to drink if they enter into privacy with the man in question before the marriage is consummated, after its consummation the warning issued beforehand is effective.
|
| 15. |
I.e., the husband and the wife entered into a chuppah, effecting the stage of nisu'in. They did not, however, consummate the marriage. Before they did so, the wife entered into privacy with the man in question.
|
| 16. |
The words "who are permitted to remain married" are fundamental to the understanding of this halachah. All these women and/or their husbands mentioned are bound by different laws with regard to marriage from the Jewish people as a whole. Nevertheless, if they are permitted to their husbands or to their wives, the laws of a sotah apply.
As such, an illegitimate man or woman must be married either to another illegitimate man or woman or to a convert, as stated in Hilchot Issurei Bi'ah, Chapter 15. With regard to an impotent man, the laws regarding whom he is permitted to marry and whom he is forbidden to marry are stated in Hilchot Issurei Bi'ah, Chapter 16.
|
| 17. |
We do not wait for her to give birth or for her to wean her child. Note Tosafot, Sotah 26a, who differ and maintain that we should wait for a pregnant woman to give birth before requiring her to drink.
|
| 18. |
For her husband is no longer alive.
|
| 19. |
For she did not prove her innocence by drinking the waters.
|
| 20. |
The term is taken from Numbers 5:18.
|
| 21. |
See Hilchot Ishut 10:1. The Ra'avad differs with the Rambam regarding this point, maintaining thatSotah 24b appears to indicate that the wife of a man who had relations with the woman he consecrated while she was living in her father's house must still drink the bitter water. The Kessef Mishneh justifies the Rambam's ruling.
|
| 22. |
For by engaging in relations with his wife, the man has transgressed a prohibition, and hence the waters will not test his wife's fidelity.
|
| 23. |
It is forbidden to marry such women, as stated in Hilchot Gerushin 11:25. Nevertheless, since the prohibition is not inherent to the couple's relationship - as reflected in the fact that after the 24 months of nursing have passed, the couple may marry - but rather a result of the child's presence, it is not considered a sinful relationship. See the gloss of the Kessef Mishneh and theMishneh LaMelech.
The Rambam's wording here implies that the faithfulness of the sotah should be tested immediately. From his Commentary to the Mishnah (Sotah 4:3), it would appear that the couple are compelled to separate until the 24 months pass. Afterwards, if the husband desires to resume his relationship with his wife, she must drink the bitter water.
|
| 24. |
Every Jew is commanded to be fruitful and multiply. For this reason, as the Rambam states inHilchot Ishut 15:7, the husband is obligated to divorce this woman. Therefore, she is not given the opportunity to demonstrate her fidelity by drinking the bitter water.
|
| 25. |
Significantly, the Rambam's ruling here reflects a change of mind from his ruling in his Commentary on the Mishnah (Sotah 4:3) where he rules that such women may not drink the bitter water even when the husband has fathered children already.
|
| 26. |
It is not, however, an exclusion preventing a woman who is not capable of bearing children from drinking the waters. See Sotah 25b. See the gloss of the Ra'avad.
|
| 27. |
I.e., he was married to an aylonit and a woman capable of bearing children. The woman capable of bearing children became pregnant, he divorced her and then issued a warning to the aylonit.
|
| 28. |
See Halachah 2.
|
| 29. |
See Chapter 1, Halachot 10-11.
|
| 30. |
I.e., if her husband divorces her, it is forbidden for her to marry the man concerning whom she was warned.
|
| 31. |
This principle applies not only with regard to a sotah, but with regard to every adulterous relationship. The passage in the Torah mentions the word v'nitma'ah ("and she became defiled") twice, once in reference to the husband and once in reference to the adulterer. See Hilchot Gerushin 5:4-5. See also Halachah 15.
|
| 32. |
This indicates that someone was lying face up on the bed and could not turn to either side (Rashi,Yevamot 24a). See Hilchot Ishut 24:15 and notes, where these concepts are discussed in greater detail.
|
| 33. |
He is not, however, compelled to divorce her. The matter is left to his initiative (Kessef Mishneh; Beit Shmuel 11:6).
|
| 34. |
Since there is no conclusive evidence that she is forbidden, she is allowed to remain married, so that the reputation of her children will not be sullied.
|
| 35. |
The Ramah (Even HaEzer 11:1) differs and maintains that if there are both a rumor that continues spreading throughout the city, and witnesses who saw unsavory behavior, the husband is required to divorce his wife if she has not borne him children [Shulchan Aruch (Even HaEzer11:2)].
|
| 36. |
If, however, two witnesses testify to adultery, the adulterer is compelled to divorce her, as stated above.
|
| 37. |
Although the couple are forbidden to marry, since there were no witnesses to the act of adultery, and the second marriage interposed, a more lenient ruling is given than that stated in Halachah 13.
|
| 38. |
The Chelkat Mechokek 11:10 emphasizes that this law applies only when the woman willingly committed adultery. If she was raped while married to her first husband, she does not become forbidden to him. Moreover, she also does not become forbidden to the rapist, and if she is widowed or divorced, she is permitted to marry him.
|
| 39. |
For it is her immodest conduct that caused her to be forbidden.
|
Chovel uMazzik - Chapter Four
Halacha 1
A person who strikes a woman and causes her to miscarry is liable, even if her injury was caused unintentionally. He must compensate the woman's husband for the value of the fetus, and the woman for the injury and the pain.
Halacha 2
How is the payment for the fetus assessed? We evaluate how much the woman would be worth before she gave birth, and how much she would be worth had she given birth. The difference between these two figures should be given to her husband.
If her husband died after she miscarried, the assessment should be given to his heirs. If a woman was struck after her husband died and she miscarried, the assessment for the fetus should also be given to the woman.
Halacha 3
If the woman who miscarries was married to a convert, and a person injures her during the convert's lifetime, he must pay the assessment for the fetus to the husband. If the convert dies without leaving any heirs, he is not liable. If the woman is injured after the convert dies, she acquires the right to the assessment for the fetus.
Halacha 4
If the woman was a maidservant or a gentile at the time of conception, and was freed or converted before the accident took place, the assessment for the fetus belongs to her.
Halacha 5
When a person strikes a woman, and she miscarries and dies, he is not liable for payment, even if he struck her unintentionally.This law is derived as follows.Exodus 21:22 states: "If there will not be a fatal injury, he must certainly be punished financially." Thus, we see that Scripture did not distinguish between unintentional and intentional conduct with regard to an act punishable by execution by the court, and freed the perpetrator from financial liability in all instances.
Halacha 6
When does the above apply? When the person intended to strike the woman. When, however, he intended to strike his colleague, but instead struck the woman - although she died - since he killed her without intention, this is considered a matter that does not involve capital punishment, and he is liable for the assessment for the fetus.
Halacha 7
A person who strikes his father or his mother, but does not draw blood, is liable to pay the five assessments. If, however, he drew blood while striking his parents or injured a colleague on the Sabbath - even if he did so unintentionally - he is not liable for a financial penalty, because these sins are punishable by execution by the court. And as we explained, Scripture did not distinguish between unintentional and intentional conduct with regard to an act punishable by execution by the court, and freed the perpetrator from financial liability in all instances.
Halacha 8
With regard to causing injury on the Sabbath, one might ask: "A person who causes injury is considered to be performing destructive activity, and one who performs destructive activity on the Sabbath is not liable for execution. Why then is the person who causes injury considered to be transgressing a sin punishable by execution by the court?"
The resolution is: since the person is satisfying his evil inclination by injuring his colleague, he is considered to be performing constructive activity. Thus, he is performing an act that is punishable by execution. Therefore, he is not liable for a financial penalty.
Halacha 9
When a person injures a colleague on Yom Kippur, he is liable to pay financial compensation, even though he did so intentionally.
This is the halachah although he transgressed a sin that is punishable by lashes. Generally, whenever a deed that a person commits obligates the person to receive lashes and pay a financial penalty, he should be lashed and is not required to pay a financial penalty, for a person is never obligated for both lashes and a financial penalty. Although this is the general rule, an exception is made with regard to a person who injures a colleague. For the Torah specifically stated that a person who injures a colleague should pay compensation, as Exodus 21:19 states: "He shall pay unemployment compensation."
Halacha 10
A person who injures a Canaanite servant whom he owns is not liable for any penalty. If he injures a Hebrew servant whom he owns, he is liable for all the assessments, with the exception of unemployment compensation.
When a person injures a Canaanite servant belonging to a colleague, the owner of the injured servant receives the five assessments. Even if he gave him powerful medication that caused the servant pain but healed him quickly, the owner is entitled to payment for all medical expenses.
Halacha 11
Whenever a servant has been freed, but his bill of release has not been given to him yet, the penalty granted to the owner if the servant is killed by an ox is not paid because of him. If others injure him, he cannot collect the money for himself, because he is not a totally free man yet. Nor may his owner collect that money, because he no longer owns him.
For this reason, if an owner knocks out one of his servant's teeth, and then blinds his eye, he must free him because of his tooth, but he is not required to pay him because of the eye. If, however, the servant seizes the assessment that would be due him, it is not expropriated from him.
Halacha 12
When a servant has been half-freed, he must work for his master one day, and may work for himself the next day.34
The following rules apply if such a servant was embarrassed by a person, or one caused him pain, or he was gored by an ox, or the like. If this took place on the day on which he must work for his master, the master is entitled to the payment. If this took place on the day when he works for himself, he is entitled to the payment.
Halacha 13
When a person injures a Hebrew servant belonging to another person, he is liable for all five assessments. Land should be purchased with the money, and the servant's master is entitled to the profits. When the servant is freed, the land is released from his owner's control.
If the servant was injured in a way that does not impair his work at all - e.g., the tip of his ear or the tip of his nose was cut off - the entire payment should be given to the servant, and his owner is not entitled to the benefit.
Halacha 14
The following rules apply when a person injures a girl below the age of majority who is not his own daughter. If the injuries reduce the money her father would receive for consecrating her, the assessment should be given to her father. Similarly, the unemployment assessment should be given to her father, for her wages belong to him, and the money received for selling her as a servant belongs to him.
The assessments for pain, embarrassment and medical attention, by contrast, belong to the girl herself. Similarly, if the injuries do not reduce the money he would receive for consecrating her, the assessment should be given to [the daughter.
When a person injures his own daughter, he must pay her only the assessments for pain, medical attention and embarrassment.
Halacha 15
The following rules apply when a person injures a married woman. The unemployment benefits and medical assessment should be given to her husband. With regard to shame and damages, the rules are: If the damage is plainly evident - e.g., he injured the woman's face, her neck, her hands or her arms - a third is given to her, and two thirds are given to her husband. If the damages are in concealed places, a third is given to her husband, and two thirds are given to her.
The assessment for the husband should be given to him immediately. The assessment for the woman should be used to purchase land, from which the husband is entitled to the profits.
Halacha 16
When does the above apply? When others injured her. When, however, a husband injures his wife, he is required to pay her the entire assessment for the damages, the embarrassment and the pain. This money is hers entirely. The husband has no rights to the profits. If she desires to give the money to another person, she may. This is the ruling rendered by the geonim. The husband must pay for her medical expenses, as he pays for all her other medical expenses.
Halacha 17
When a person injures his wife through sexual intercourse, he is liable for the damages.
Halacha 18
The following rules apply when a woman injures her husband. In a case where he had added an amount above the minimum to her marriage contract, if the husband desires, we require her to sell the right to this additional amount to her husband for the price she would receive for it, and her husband is entitled to collect the damages from these funds. If he desires, he may divorce her and collect the damages from the entire sum of the money due her by virtue of herketubah.
If he had not added an amount above the minimum to her marriage contract, she may not sell him the rights to the money due her by virtue of her ketubahitself, for it is forbidden for a person to remain married to a woman for one moment without a marriage contract. Thus, if the husband desires, he may have a promissory note written obligating her to pay for the damages, or he may divorce her and collect the amount due him from the money due her by virtue of her ketubah.
Halacha 19
The following rules apply when a person injures his sons who have attained majority. If they are not dependent on him for their livelihood, he must pay them the damages immediately. If they are below the age of majority, he should purchase land for them with the money due them for the damages,and they are entitled to the benefits. The same rules apply if they are injured by others.
If a father injures sons who are dependent on him for their livelihood, he is not liable. This applies whether or not they are above majority. If others injure them, the person who causes the injury must compensate them immediately if they are above majority. If they are below majority, the damages should be used to purchase landed property. They are entitled to its profits until they reach majority at which time the property becomes theirs without limitation.
Halacha 20
An encounter with a deaf mute, a mentally incompetent individual or a minor is undesirable. For if a person injures them, he is liable, but if they injure another person, they are not.
Even if the deaf mute gains the ability to speak and hear, the mentally incompetent person attains competency, and the minor comes of age, they are not obligated to pay for injuries they caused previously. For at the time they caused the injuries, they were not fully mentally competent.
Halacha 21
An encounter with a servant or a married woman is undesirable. For if a person injures them, he is liable, but if they injure another person, they are not liable to pay immediately.
They must, however, pay afterwards - i.e., if the woman is divorced or if her husband dies and if the servant is freed. They are held responsible because they are mentally competent. They are considered as a creditor who has no resources with which to pay, and who is thus held liable with regard to damages if he becomes wealthy.
Halacha 22
A servant belonging to a man is considered as his own person, and an animal as one of his possessions.
What is implied? If a person places a burning coal on the heart of a servant belonging to a colleague and causes him to die, or if he pushes him into the sea or into a fire from which the servant could ascend, but the servant fails to do so and died instead, the person who caused his death is not obligated to pay financial compensation. If, however, he does this to an animal belonging to a colleague, it would be considered as if he had placed a coal on a garment and burned it, in which case he would be liable for damages. Similar laws apply in all analogous situations.
Chovel uMazzik - Chapter Five
Halacha 1
It is forbidden for a person to injure anyone, neither his own self nor another person. Not only a person who causes an injury, but anyone who strikes in strife an upright Jewish person, whether a minor or an adult, whether a man or a woman, violates a negative commandment, as Deuteronomy 25:3 states: "Do not continue... to flog him." One may conclude that if the Torah adjures us against adding to the blows due a sinner, surely this prohibition applies with regard to striking a righteous person.
Halacha 2
It is even forbidden to raise up one's hand against a colleague. Whoever raises a hand against a colleague, even though he does not hit him, is considered to be a wicked person.
Halacha 3
When a person strikes a colleague with a blow that does not warrant a p'rutahto be paid in recompense, he should receive lashes. For there is no financial penalty to be exacted for transgression of this negative commandment.
Even if a person strikes a servant belonging to a colleague with a blow that does not warrant a p'rutah to be paid in recompense, he should receive lashes. This penalty is required because a servant is obligated to perform certain mitzvot.
If a gentile strikes a Jew, he deserves capital punishment, as implied by Exodus 2:12): "He turned to and fro... and struck the Egyptian."
Halacha 4
Our Sages imposed a penalty on foolish and violent men, and gave a person who was injured [the following privilege. His word is accepted when he takes an oath while holding a sacred article that another person caused him such and such an injury, and he is awarded the appropriate damages. This applies provided there are witnesses.
What is implied? Two people testify that the injured person entered the domain of the accused whole and left after being injured, but they did not see the injury being inflicted. Although the accused claims not to have inflicted the injury, since the injured person claims that he did, the injured person is given the prerogative of taking an oath and collecting the money due.
Halacha 5
When does the above apply? When the injury was located in a place where the person could have inflicted it upon himself, or a third person was there whom the injured person could have instructed to strike him to implicate the accused. If, however, a third party was not present, and the injury was in a place that the injured could not have inflicted upon himself - e.g., he was bitten between his shoulders and the like - he may collect the appropriate payment without an oath.
Halacha 6
If the person who caused the injury admits causing it, he is liable to pay all five assessments. For there are witnesses that the injured person entered the accused's domain of sound body at the time of the quarrel and departed with an injury.
If, however, there are no witnesses there at all, the injured person states: "This person injured me," and the accused admits doing so, he is not liable for the assessments for damages and the pain. He is, however, liable for the assessments for unemployment, embarrassment and medical attention, because of his own admission.
For this reason, if he denies causing the injury, he can free himself of liability by taking a Rabbinic oath.
Halacha 7
Why should a person pay these three assessments on the basis of his own admission? The assessments for unemployment and medical attention represent a financial obligation and are not considered to be k'nasot. For if he does not reimburse the injured person for them, he will have caused him to forfeit the money he spent on medical treatment and the money he lost through unemployment.
And with regard to embarrassment, it was when he admitted before the court that he caused the injury, that he brought about the embarrassment. For when an injury is caused in private, a person is not caused any embarrassment. It is his admission before the court that embarrasses him.
Halacha 8
From this one can conclude that there is no difference with regard to the embarrassment assessment, whether that assessment is due him because he caused the person to be embarrassed in the presence of others, or it is due him because he made an acknowledgement in the presence of others of the embarrassment he caused. Therefore, a person is liable for an embarrassment assessment because of his own statements.
Halacha 9
A person who damages a colleague's property cannot be compared to one who injures his physical person. When a person who damages a colleague's property pays him what he is obligated to pay him, he receives atonement. In contrast, when a person injures a colleague's physical person, paying him the five assessments is not alone sufficient to generate atonement. Even if the person who caused the injury sacrifices all the rams of Nevayot, he cannot generate atonement, nor is his sin forgiven until he asks the person who was injured to forgive him.
Halacha 10
It is forbidden for the person who suffered the injury to be cruel and not to forgive the one who caused the injury. This is not the course of behavior for a descendant of Israel.
Instead, since the person who caused the injury asks and pleads of him for forgiveness once or twice, and he knows that he has repented from his sin and regrets his evil deeds, he should forgive him. Whoever hastens to grant forgiveness is praiseworthy and is regarded favorably by the Sages.
Halacha 11
There is another difference between the damages to an individual's physical person and to his property. If a person tells a colleague: "Blind my eye..." or "Cut off my arm, and you will not be liable," he is liable for the five assessments. The rationale is that it is well known that a person does not genuinely desire this.
When, by contrast, a person tells a colleague: "Tear my garment..." or "Break my jug, and you will not be liable," he is not liable. If, however, he did permit him to damage his property, but did not stipulate that he would not be liable, he is obligated to pay for the damages.
Halacha 12
When does the above apply? When first the person entrusted the articles to the person who destroyed them as a watchman - i.e., he borrowed them or was entrusted with them for safekeeping. In such a situation, if the owner told the watchman to break it or rip it, and the watchman did so, the watchman is liable to pay for the damages, unless the owner explicitly stipulated that the watchman would not be held liable.
When, however, the owner of an article tells a colleague: "Take this utensil and break it," "Take this garment and rip it," if the other person follows the instructions he was given, he is not liable.
Halacha 13
When a person tells a colleague: "Break a utensil belonging to so and so, and you will not be liable," and the listener follows these instructions, the listener is liable financially. It is as if he told him: "Blind so-and-so's eye, and you will not be liable."
Although the person who caused the damages is liable to pay, the person who gave him the instructions is considered to be his partner in the transgression and a wicked person. For he caused a blind man to stumble, and supported a person who committed a transgression.
Chovel uMazzik - Chapter Six
Halacha 1
A person who damages property belonging to a colleague is obligated to pay the full extent of the damages. Regardless of whether he did so unintentionally or because of forces beyond his control, it is considered as if he had acted intentionally.
What is implied? If a person fell off a roof and broke utensils, or tripped while he was walking, fell on a utensil and broke it, he is liable to pay the full extent of the damages. This is implied by Leviticus 24:21, which states: "A person who strikes an animal will pay for the damages," without distinguishing between an intentional and unintentional blow.
Halacha 2
The same laws i.e., that the person who caused the damage should pay for it, as indicated by the proof-text apply whether one kills an animal belonging to a colleague, breaks his utensils, tears his garments or cuts down crops or trees he planted.
Halacha 3
When does the above apply? When the damage is done in a domain belonging to the person whose possessions were damaged. If the damage was done in a domain belonging to the person who caused the damage, he is not required to pay unless he purposely caused the damage. If he caused the damage unintentionally or due to forces beyond his control, he is not liable.
Similarly, if both of them were present in a domain belonging to a third party with his permission - or without his permission - and one unintentionally damaged property belonging to the other, the person who caused the damage is not liable.
Halacha 4
The following rules apply when a person was climbing a ladder and the rung of the ladder broke under him, and it fell and caused damage. If the rung was not tightly fit or it was not strong enough to bear the person's weight, he is liable. If it was tightly fit and strong enough to bear the person's weight, but it slipped from its place or rotted, the person is not liable. For this is an act of God. The same concepts apply in all analogous situations.
All the above applies if the damage takes place in the domain belonging to the person whose possessions were damaged. If the damage takes place in the domain belonging to the person who causes the damage, he is not liable unless he intentionally causes the damage, as explained above.
Halacha 5
If another person filled a courtyard belonging to a colleague with jugs of wine and oil, the owner of the courtyard may enter and leave in an ordinary manner. If any of the jugs break when he enters or leaves, he is not liable for them. This applies even if the jugs were brought in with the permission of the owner of the courtyard, as long as the owner of the courtyard did not accept responsibility for watching them.
If, however, the owner of the courtyard broke the jugs intentionally, he is liable to pay for them. This applies even if the jugs were brought in without the permission of the owner of the courtyard.
Halacha 6
When one ox climbs on top of another ox with the intention of killing it in a domain belonging to the owner of the lower ox, and the owner of the lower ox pulls his ox away to save it, thus causing the upper ox to fall and die, the owner of the lower ox is not liable. This applies regardless of whether the ox that attacked was tam or mu'ad.
Halacha 7
The following rules apply when the owner of the lower ox pushes the upper ox, and it dies. If he could have pulled one ox away, so that the attacking ox would not be pushed violently, and he did not do so, he is liable. If he could not have pulled an ox away, he is not liable.
Halacha 8
The following rules apply when two people were walking in the public domain. If one approached carrying a jug, and the other approached carrying a beam, and the person's jug was broken by the other's beam, the owner of the beam is not liable. The rationale is that they both have permission to walk in this domain.
If the owner of the beam was walking ahead and the owner of the jug following afterwards, and the jug was broken on the beam,the owner of the beam is not liable. If the owner of the beam stood still to rest because of the weight of his burden, and the jug was broken on the beam, the owner of the beam is liable. If the owner of the beam warned the owner of the jug and told him to stand still, the owner of the beam is not liable.
If the owner of the beam stood still to adjust his burden, he is considered as if he is walking, and he is not liable. This applies even if he failed to warn the owner of the jug, for he is preoccupied with his own progress.
If the owner of the jug was walking ahead, and the owner of the beam following afterwards, and the jug was broken on the beam, the owner of the beam is liable. It is considered as if he broke the the jug intentionally with his hands. If the owner of the jug stood to rest, the owner of the beam is not liable. If, however, the owner of the jug warned the owner of the beam and told him to stand, the owner of the beam is liable. If the owner of the jug stood still to adjust his burden, the owner of the beam is liable, even if the owner of the jug did not warn him.
Similar principles apply if one person proceeds while carrying a lamp, and another comes carrying flax, or in other analogous situations.
Halacha 9
When two people were proceeding in the public domain, one of them was running and one was walking, and one was injured by the other unintentionally, the one who is running is liable, for he is departing from the norm.
If it was Friday afternoon, after sunset, when the collision took place, he is not liable. For he has permission to run at that time, so that the Sabbath will not enter when he is not ready to accept it. If both individuals were running, and one injured the other, neither is liable. This applies even on other days.
Halacha 10
There is no difference whether a person injures a colleague with his hand, injures him by throwing a stone or shooting an arrow, opens a current of water on a person or on utensils and damages him or them, or spits or sneezes and causes damage with his spittle or mucus while it is being propelled by his power. All of these are considered derivatives of damage that a person causes,and he is liable for all of them, as if he had caused the damage with his hands.
If, however, the spittle or the mucus came to rest on the ground, and afterwards a person slips on them, the person who spat or sneezed is liable as if it were a cistern. For every obstacle is considered a derivative of a cistern, as we have previously explained.
Halacha 11
When a blacksmith who was beating with a hammer on an anvil causes a spark to fly from beneath the hammer, and the spark causes damage, the blacksmith is liable. It is as if he threw a stone or an arrow.
Similarly, if a builder who is contracted to tear down a wall cracks the stones or causes other damage, he is liable. If he is tearing down one side of a wall, and the stones on the other side fall, he is not liable. If they fall because of his blows, he is liable. For this is considered like shooting arrows and causing damage.
Halacha 12
A person who holds under water an animal belonging to a colleague, or if an animal fell into water and he prevented it from ascending and thus caused it to die in the water, or if he left it in the sun and restricted its movement so that it could not find shade until the sun killed it - in all these, and in any analogous situations, the perpetrator of these acts is liable to pay for the animal's loss.
Halacha 13
If two people kill an animal together or break a utensil together, the damages are divided between them.
Halacha 14
Our Sages ruled in the following manner concerning the liability in the situation to be described. Five people placed their five burdens on an animal and it did not die, and then a sixth person came and placed his burden upon it, and it did die. If the animal was walking while carrying the previous burdens, and it stood still and did not walk when the last person placed its burden upon it, the last person is liable.
If at the outset, the animal was not walking, the last person is not liable. If it is not known whether or not the animal was walking, all the six people should share the damages equally.
Halacha 15
Similarly, if five people sat on a chair and it did not break, and then another person sat down upon it and it did break, the last person who sat down is liable. Although it was fit to break before he sat down, he is responsible, since he caused it to break sooner. For the others could say to him: "Had you not used it for support, we would have stood up before it broke."
If they all sat down at the same time, they are all liable. The same rules apply in other analogous situations.
Halacha 16
Our Sages divided the liability for the damages in situations when a man and an ox combined to push into a cistern a person, utensils, or an ox that was disqualified for use as a sacrifice. If the person or the animal pushed into the cistern was injured or died, or the utensils were broken, all three - the person who pushed, the owner of the ox and the owner of the cistern - are liable, and the damages should be divided among them in the following manner.
With regard to the payment for offspring which were aborted because of the fall and the four assessments other than damages, the man is liable, and the owner of the ox and the owner of the cistern are not liable. With regard to the atonement fine and the fine of 30 shekalim for killing a servant, the owner of the ox is liable, and the man and the owner of the cistern are not liable. With regard to the destruction of utensils and the death of an animal that was disqualified as a sacrifice, the man and the owner of the ox are liable, and the owner of the cistern is not liable.
• Friday, Elul 13, 5775 · 28 August 2015
"Today's Day"
Monday Elul 13 5703
Torah lessons: Chumash: Tavo, Sheini with Rashi.
Tehillim: 69-71. Also 37-39.
Tanya: And every year (p. 463) ...for the initiated. (p. 465).
The chassid R. Hendel1 related: It was known to all chassidim that at one's first yechidus the orla (insensitive "thick skin") was removed. Whatever else, one was immediately rid of the orla of the heart.
FOOTNOTES
1. See Tevet 16.
Daily Thought:
Crossroads
There are crossroads where you choose not only your future, but your past as well.
Take one road and your past becomes but an irrelevant and forgotten dream.
Take another road and even the darkest past can become a magnificent frame for a moment of glory. The moment for which your soul was formed and all the past was made.[Maamar Padah B’Shalom 5738]
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