Shoftim (Deuteronomy 16:18 “You are to appoint judges and officers for all your gates [in the cities] Adonai your God is giving you, tribe by tribe; and they are to judge the people with righteous judgment. 19 You are not to distort justice or show favoritism, and you are not to accept a bribe, for a gift blinds the eyes of the wise and twists the words of even the upright. 20 Justice, only justice, you must pursue; so that you will live and inherit the land Adonai your God is giving you.
21 “You are not to plant any sort of tree as a sacred pole beside the altar of Adonai your God that you will make for yourselves. 22 Likewise, do not set up a standing-stone; Adonai your God hates such things.
17:1 “You are not to sacrifice to Adonai your God a cow or sheep that has a defect or anything wrong with it; that would be an abomination to Adonai your God.
2 “If there is found among you, within any of your gates [in any city] that Adonai your God gives you, a man or woman who does what Adonai your God sees as wicked, transgressing his covenant 3 by going and serving other gods and worshipping them, the sun, the moon, or anything in the sky — something I have forbidden — 4 and it is told to you, or you hear about it; then you are to investigate the matter diligently. If it is true, if it is confirmed that such detestable things are being done in Isra’el; 5 then you are to bring the man or woman who has done this wicked thing to your city gates, and stone that man or woman to death. 6 The death sentence is to be carried out only if there was testimony from two or three witnesses; he may not be sentenced to death on the testimony of only one witness. 7 The witnesses are to be the first to stone him to death; afterwards, all the people are to stone him. Thus you will put an end to this wickedness among you.
8 “If a case comes before you at your city gate which is too difficult for you to judge, concerning bloodshed, civil suit, personal injury or any other controversial issue; you are to get up, go to the place which Adonai your God will choose, 9 and appear before the cohanim, who are L’vi’im, and the judge in office at the time. Seek their opinion, and they will render a verdict for you. 10 You will then act according to what they have told you there in that place which Adonai will choose; you are to take care to act according to all their instructions. 11 In accordance with the Torah they teach you, you are to carry out the judgment they render, not turning aside to the right or the left from the verdict they declare to you. 12 Anyone presumptuous enough not to pay attention to the cohen appointed there to serve Adonai your God or to the judge — that person must die. Thus you will exterminate such wickedness from Isra’el — 13 all the people will hear about it and be afraid to continue acting presumptuously.
(ii) 14 “When you have entered the land Adonai your God is giving you, have taken possession of it and are living there, you may say, ‘I want to have a king over me, like all the other nations around me.’ 15 In that event, you must appoint as king the one whom Adonai your God will choose. He must be one of your kinsmen, this king you appoint over you — you are forbidden to appoint a foreigner over you who is not your kinsman. 16 However, he is not to acquire many horses for himself or have the people return to Egypt to obtain more horses, inasmuch as Adonai told you never to go back that way again. 17 Likewise, he is not to acquire many wives for himself, so that his heart will not turn away; and he is not to acquire excessive quantities of silver and gold.
18 “When he has come to occupy the throne of his kingdom, he is to write a copy of this Torah for himself in a scroll, from the one the cohanim and L’vi’im use. 19 It is to remain with him, and he is to read in it every day, as long as he lives; so that he will learn to fear Adonai his God and keep all the words of this Torah and these laws and obey them; 20 so that he will not think he is better than his kinsmen; and so that he will not turn aside either to the right or to the left from the mitzvah. In this way he will prolong his own reign and that of his children in Isra’el.
18:1 (iii) The cohanim, who are L’vi’im, and indeed the whole tribe of Levi, is not to have a share or an inheritance with Isra’el. Instead, their support will come from the food offered by fire to Adonai and from whatever else becomes his. 2 They will have no inheritance with their brothers, because Adonai is their inheritance — as he has said to them.
3 “The cohanim will have the right to receive from the people, from those offering a sacrifice, whether ox or sheep, the shoulder, the jowls and the stomach. 4 You will also give him the firstfruits of your grain, new wine and olive oil, and the first of the fleece of your sheep. 5 For Adonai your God has chosen him from all your tribes to stand and serve in the name of Adonai, him and his sons forever.
(iv) 6 “If a Levi from one of your towns anywhere in Isra’el where he is living comes, highly motivated, to the place which Adonai will choose, 7 then he will serve there in the name of Adonai his God, just like his kinsmen the L’vi’im who stand and serve in the presence of Adonai. 8 Such a Levi will receive the same share as they do, in addition to what he may receive from selling his inherited ancestral property.
9 “When you enter the land Adonai your God is giving you, you are not to learn how to follow the abominable practices of those nations. 10 There must not be found among you anyone who makes his son or daughter pass through fire, a diviner, a soothsayer, an enchanter, a sorcerer, 11 a spell-caster, a consulter of ghosts or spirits, or a necromancer. 12 For whoever does these things is detestable to Adonai, and because of these abominations Adonai your God is driving them out ahead of you. 13 You must be wholehearted with Adonai your God. (v) 14 For these nations, which you are about to dispossess, listen to soothsayers and diviners; but you, Adonai your God does not allow you to do this.
15 “Adonai will raise up for you a prophet like me from among yourselves, from your own kinsmen. You are to pay attention to him, 16 just as when you were assembled at Horev and requested Adonai your God, ‘Don’t let me hear the voice of Adonai my God any more, or let me see this great fire ever again; if I do, I will die!’ 17 On that occasion Adonai said to me, ‘They are right in what they are saying. 18 I will raise up for them a prophet like you from among their kinsmen. I will put my words in his mouth, and he will tell them everything I order him. 19 Whoever doesn’t listen to my words, which he will speak in my name, will have to account for himself to me.
20 “‘But if a prophet presumptuously speaks a word in my name which I didn’t order him to say, or if he speaks in the name of other gods, then that prophet must die.’ 21 You may be wondering, ‘How are we to know if a word has not been spoken by Adonai?’ 22 When a prophet speaks in the name of Adonai, and the prediction does not come true — that is, the word is not fulfilled — then Adonai did not speak that word. The prophet who said it spoke presumptuously; you have nothing to fear from him.
19:1 “When Adonai your God cuts off the nations whose land Adonai your God is giving you, and you take their place and settle in their cities and houses, 2 you are to set aside three cities for yourselves in your land that Adonai your God is giving you to possess. 3 Divide the territory of your land, which Adonai your God is having you inherit, into three parts; and prepare the roads, so that any killer can flee to these cities. 4 The killer who will live if he flees there is someone who has killed his fellow member of the community by mistake, who did not hate him in the past. 5 An example would be if a man goes into the forest with his neighbor to cut wood and takes a stroke with the axe to fell a tree, but the head of the axe flies off the handle, hits his neighbor and kills him. Then he is to flee to one of these cities and live there. 6 Otherwise the next-of-kin avenger, in the heat of his anger, may pursue the killer, overtake him because the distance [to the city of refuge] is long, and strike him dead — even though he didn’t deserve to die, inasmuch as he hadn’t hated him in the past. 7 This is why I am ordering you to set aside for yourselves three cities.
8 “If Adonai your God expands your territory, as he swore to your ancestors that he would, and gives you all the land he promised to give to your ancestors — 9 provided you keep and observe all these mitzvot I am giving you today, loving Adonai your God and always following his ways — then you are to add three more cities for yourselves, besides these three; 10 so that innocent blood will not be shed in the land Adonai your God is giving you as an inheritance, and thus blood guilt be on you.
11 “However, if someone hates his fellow member of the community, lies in wait for him, attacks him, strikes him a death blow, and then flees into one of these cities; 12 then the leaders of his own town are to send and bring him back from there and hand him over to the next-of-kin avenger, to be put to death. 13 You are not to pity him. Rather, you must put an end to the shedding of innocent blood in Isra’el. Then things will go well with you.
(vi) 14 “You are not to move your neighbor’s boundary marker from the place where people put it long ago, in the inheritance soon to be yours in the land Adonai your God is giving you to possess.
15 “One witness alone will not be sufficient to convict a person of any offense or sin of any kind; the matter will be established only if there are two or three witnesses testifying against him.
16 “If a malicious witness comes forward and gives false testimony against someone, 17 then both the men involved in the controversy are to stand before Adonai, before the cohanim and the judges in office at the time. 18 The judges are to investigate carefully. If they find that the witness is lying and has given false testimony against his brother, 19 you are to do to him what he intended to do to his brother. In this way, you will put an end to such wickedness among you. 20 Those who remain will hear about it, be afraid and no longer commit such wickedness among you. 21 Show no pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
20:1 “When you go out to fight your enemies and see horses, chariots and a force larger than yours, you are not to be afraid of them; because Adonai your God, who brought you up from the land of Egypt, is with you. 2 When you are about to go into battle, the cohen is to come forward and address the people. 3 He should tell them, ‘Listen, Isra’el! You are about to do battle against your enemies. Don’t be fainthearted or afraid; don’t be alarmed or frightened by them; 4 because Adonai your God is going with you to fight on your behalf against your enemies and give you victory.’
5 “Then the officials will speak to the soldiers. They are to say, ‘Is there a man here who has built a new house, but hasn’t dedicated it yet? He should go back home now; otherwise he may die fighting, and another man will dedicate it.
6 “‘Is there a man here who has planted a vineyard, but hasn’t yet made use of its fruit? He should go back home; otherwise he may die fighting, and another man will use it.
7 “‘Is there a man here who is engaged to a woman, but hasn’t married her yet? He should go back home; otherwise he may die fighting, and another man will marry her.’
8 “The officials will then add to what they have said to the soldiers: ‘Is there a man here who is afraid and fainthearted? He should go back home; otherwise his fear may demoralize his comrades as well.’ 9 When the officials have finished speaking with the soldiers, commanders are to be appointed to lead the army.
(vii) 10 “When you advance on a town to attack it, first offer it terms for peace. 11 If it accepts the terms for peace and opens its gates to you, then all the people there are to be put to forced labor and work for you. 12 However, if they refuse to make peace with you but prefer to make war against you, you are to put it under siege. 13 When Adonai your God hands it over to you, you are to put every male to the sword. 14 However, you are to take as booty for yourself the women, the little ones, the livestock, and everything in the city — all its spoil. Yes, you will feed on your enemies’ spoil, which Adonai your God has given you. 15 This is what you are to do to all the towns which are at a great distance from you, which are not the towns of these nations.
16 “As for the towns of these peoples, which Adonai your God is giving you as your inheritance, you are not to allow anything that breathes to live. 17 Rather you must destroy them completely — the Hitti, the Emori, the Kena‘ani, the P’rizi, the Hivi and the Y’vusi — as Adonai your God has ordered you; 18 so that they won’t teach you to follow their abominable practices, which they do for their gods, thus causing you to sin against Adonai your God.
19 “When, in making war against a town in order to capture it, you lay siege to it for a long time, you are not to destroy its trees, cutting them down with an axe. You can eat their fruit, so don’t cut them down. After all, are the trees in the field human beings, so that you have to besiege them too? 20 However, if you know that certain trees provide no food, you may destroy them and cut them down, in order to build siege-works against the town making war with you, until it falls.
21:1 “If, in the land Adonai your God is giving you to possess, a murder victim is found lying in the countryside; and the perpetrator of the murder is not known; 2 then your leaders and judges are to go out and measure the distance between it and the surrounding towns. 3 After it has been determined which town is the closest, the leaders of that town are to take a young female cow that has never been put to work or yoked for use as a draft animal. 4 The leaders of that town are to bring the heifer down to a vadi with a stream in it that never dries up, to a place that is neither plowed nor sown; and they are to break the cow’s neck there in the vadi. 5 Then the cohanim, who are L’vi’im, are to approach; for Adonai your God has chosen them to serve him and to pronounce blessings in the name of Adonai; they will decide the outcome of every dispute and matter involving violence. 6 All the leaders of the town nearest the murder victim are to wash their hands over the cow whose neck was broken in the vadi. (Maftir) 7 Then they are to speak up and say, ‘This blood was not shed by our hands, nor have we seen who did it. 8 Adonai, forgive your people Isra’el, whom you redeemed; do not allow innocent blood to be shed among your people Isra’el.’ And they will be forgiven this bloodshed. 9 Thus you will banish the shedding of innocent blood from among you, by doing what Adonai sees as right.)
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 19 Chapter 20 Chapter 21
Psalms 19:(0) For the leader. A psalm of David:
2 (1) The heavens declare the glory of God,
the dome of the sky speaks the work of his hands.
3 (2) Every day it utters speech,
every night it reveals knowledge.
4 (3) Without speech, without a word,
without their voices being heard,
5 (4) their line goes out through all the earth
and their words to the end of the world.
In them he places a tent for the sun,
6 (5) which comes out like a bridegroom from the bridal chamber,
with delight like an athlete to run his race.
7 (6) It rises at one side of the sky,
circles around to the other side,
and nothing escapes its heat.
8 (7) The Torah of Adonai is perfect,
restoring the inner person.
The instruction of Adonai is sure,
making wise the thoughtless.
9 (8) The precepts of Adonai are right,
rejoicing the heart.
The mitzvah of Adonai is pure,
enlightening the eyes.
10 (9) The fear of Adonai is clean,
enduring forever.
The rulings of Adonai are true,
they are righteous altogether,
11 (10) more desirable than gold,
than much fine gold,
also sweeter than honey
or drippings from the honeycomb.
12 (11) Through them your servant is warned;
in obeying them there is great reward.
13 (12) Who can discern unintentional sins?
Cleanse me from hidden faults.
14 (13) Also keep your servant from presumptuous sins,
so that they won’t control me.
Then I will be blameless
and free of great offense.
15 (14) May the words of my mouth
and the thoughts of my heart
be acceptable in your presence,
Adonai, my Rock and Redeemer.
20:(0) For the leader. A psalm of David:
2 (1) May Adonai answer you in times of distress,
may the name of the God of Ya‘akov protect you.
3 (2) May he send you help from the sanctuary
and give you support from Tziyon.
4 (3) May he be reminded by all your grain offerings
and accept the fat of your burnt offerings. (Selah)
5 (4) May he grant you your heart’s desire
and bring all your plans to success.
6 (5) Then we will shout for joy at your victory
and fly our flags in the name of our God.
May Adonai fulfill all your requests.
7 (6) Now I know that Adonai
gives victory to his anointed one —
he will answer him from his holy heaven
with mighty victories by his right hand.
8 (7) Some trust in chariots and some in horses,
but we praise the name of Adonai our God.
9 (8) They will crumple and fall,
but we will arise and stand erect.
10 (9) Give victory, Adonai!
Let the King answer us the day we call.
21:(0) For the leader. A psalm of David:
2 (1) Adonai, the king finds joy in your strength;
what great joy he displays in your victory!
3 (2) You give him his heart’s desire;
you don’t refuse the prayer from his lips. (Selah)
4 (3) For you come to meet him with the best blessings,
you place a crown of fine gold on his head.
5 (4) He asks you for life; you give it to him,
years and years forever and ever.
6 (5) Your victory brings him great glory;
you confer on him splendor and honor.
7 (6) For you bestow on him everlasting blessings,
you make him glad with the joy of your presence.
8 (7) For the king puts his trust in Adonai,
in the grace of ‘Elyon; he will not be moved.
9 (8) Your hand will find all your enemies;
your right hand will overtake those who hate you.
10 (9) At your appearing,
you will make them like a fiery furnace.
Adonai will swallow them up in his anger;
fire will consume them.
11 (10) You will destroy from the earth their descendants,
rid humankind of their posterity;
12 (11) for they intended evil against you;
but despite their scheme, they won’t succeed.
13 (12) For you will make them turn their back
by aiming your bow at their faces.
14 (13) Arise, Adonai, in your strength;
and we will sing and praise your power.
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
• Ethics of the Fathers: Chapter 6
During the summer months, from the Shabbat after Passover until the Shabbat before Rosh Hashahah, we study a weekly chapter of the Talmud's Ethics of the Fathers ("Avot") each Shabbat afternoon; this week we study Chapter Six.
Link: Ethics of the Fathers, Chapter 6
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Today in Jewish History:
• Moses' parents remarry (1394 BCE)
Amram and Jocheved had separated because of Pharaoh's decree that all male Jewish babies be killed. Prompted by their six-year-old daughter Miriam's rebuke ("Pharaoh decreed against the males; you decreed against the males and the females") they remarried on the 7th of Elul of the year 2367 from creation (1394 BCE). Moses was born six months and one day later on Adar 7, 2368 (Talmud, Sotah 12b).
Links: Midrashic account of Amram and Jocheved's remarriage
• Spies die (1312 BCE)
The Spies who slandered the Land of Israel died in the desert (Talmud, Sotah 35a; see Numbers 13-14 and text and links for Av 9 and Av 15).
Daily Study:
Chitas and Rambam for today:
Chumash: Shoftim, 7th Portion Deuteronomy 20:10-21:9 with Rashi
• Chapter 20
10When you approach a city to wage war against it, you shall propose peace to it. יכִּי תִקְרַב אֶל עִיר לְהִלָּחֵם עָלֶיהָ וְקָרָאתָ אֵלֶיהָ לְשָׁלוֹם:
When you approach a city [to wage war against it]: Scripture is speaking of an optional war, as is explicit in the context of this section (verse 15), “Thus you will do to all the cities which are very far away [from you]….” - [Sifrei] כי תקרב אל עיר: במלחמת הרשות הכתוב מדבר, כמו שמפורש בענין (פסוק טו) כן תעשה לכל הערים הרחוקות וגו':
11And it will be, if it responds to you with peace, and it opens up to you, then it will be, [that] all the people found therein shall become tributary to you, and they shall serve you. יאוְהָיָה אִם שָׁלוֹם תַּעַנְךָ וּפָתְחָה לָךְ וְהָיָה כָּל הָעָם הַנִּמְצָא בָהּ יִהְיוּ לְךָ לָמַס וַעֲבָדוּךָ:
all the people found therein [shall become tributary]: Even if you find in it people of the seven nations, whom you have been commanded to exterminate, you are permitted to spare their lives. — [Sifrei] כל העם הנמצא בה: אפילו אתה מוצא בה משבעה אומות שנצטוית להחרימם, אתה רשאי לקיימם:
tributary [to you], and they shall serve you: [You shall fight them] until they accept upon themselves both tribute and bondage. — [Sifrei] למס ועבדוך: עד שיקבלו עליהם מסים ושעבוד:
12But if it does not make peace with you, and it wages war against you, you shall besiege it, יבוְאִם לֹא תַשְׁלִים עִמָּךְ וְעָשְׂתָה עִמְּךָ מִלְחָמָה וְצַרְתָּ עָלֶיהָ:
But if it does make no peace with you, and it wages war against you:Scripture is informing you that if it does not make peace with you, then, if you let it be and go away, [this city] will ultimately wage war against you. ואם לא תשלים עמך ועשתה עמך מלחמה: הכתוב מבשרך שאם לא תשלים עמך סופה להלחם בך אם תניחנה ותלך:
you shall besiege it: Even to starve it out, and cause them to [die of] thirst and to kill [the inhabitants of the city] through diseases. — [Sifrei] וצרת עליה: אף להרעיבה ולהצמיאה ולהמיתה מיתת תחלואים:
13and the Lord, your God, will deliver it into your hands, and you shall strike all its males with the edge of the sword. יגוּנְתָנָהּ יְהֹוָה אֱלֹהֶיךָ בְּיָדֶךָ וְהִכִּיתָ אֶת כָּל זְכוּרָהּ לְפִי חָרֶב:
and the Lord your God will deliver it into your hands: If you have done all that is stated in this section, the Lord will ultimately deliver it into your hands. — [Sifrei] ונתנה ה' אלהיך בידך: אם עשית כל האמור בענין, סוף שה' נותנה בידך:
14However, the women, the children, and the livestock, and all that is in the city, all its spoils you shall take for yourself, and you shall eat the spoils of your enemies, which the Lord, your God, has given you. ידרַק הַנָּשִׁים וְהַטַּף וְהַבְּהֵמָה וְכֹל אֲשֶׁר יִהְיֶה בָעִיר כָּל שְׁלָלָהּ תָּבֹז לָךְ וְאָכַלְתָּ אֶת שְׁלַל אֹיְבֶיךָ אֲשֶׁר נָתַן יְהֹוָה אֱלֹהֶיךָ לָךְ:
And the children [… you shall take for yourself]: Even the male children. But, how then, am I to explain “and you shall strike all its males”? (verse 13) It refers to adult males. — [Sifrei] והטף: אף טף של זכרים. ומה אני מקיים (פסוק יג) והכית את כל זכורה, בגדולים:
15Thus you shall do to all the cities that are very far from you, which are not of the cities of these nations. טוכֵּן תַּעֲשֶׂה לְכָל הֶעָרִים הָרְחֹקֹת מִמְּךָ מְאֹד אֲשֶׁר לֹא מֵעָרֵי הַגּוֹיִם הָאֵלֶּה הֵנָּה:
16However, of these peoples' cities, which the Lord, your God, gives you as an inheritance, you shall not allow any soul to live. טזרַק מֵעָרֵי הָעַמִּים הָאֵלֶּה אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה לֹא תְחַיֶּה כָּל נְשָׁמָה:
17Rather, you shall utterly destroy them: The Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivvites, and the Jebusites, as the Lord, your God, has commanded you. יזכִּי הַחֲרֵם תַּחֲרִימֵם הַחִתִּי וְהָאֱמֹרִי הַכְּנַעֲנִי וְהַפְּרִזִּי הַחִוִּי וְהַיְבוּסִי כַּאֲשֶׁר צִוְּךָ יְהֹוָה אֱלֹהֶיךָ:
as [the Lord your God] has commanded you: [This is] to include the Girgashites [the seventh nation, not mentioned here, but you were commanded to destroy them]. — [Sifrei] כאשר צוך: לרבות את הגרגשי:
18So that they should not teach you to act according to all their abominations that they have done for their gods, whereby you would sin against the Lord, your God. יחלְמַעַן אֲשֶׁר לֹא יְלַמְּדוּ אֶתְכֶם לַעֲשׂוֹת כְּכֹל תּוֹעֲבֹתָם אֲשֶׁר עָשׂוּ לֵאלֹהֵיהֶם וַחֲטָאתֶם לַיהֹוָה אֱלֹהֵיכֶם:
so that they will not teach you to do [like all] their abominations]: But if they repent and wish to convert, you are allowed to accept them. — [Sifrei] למען אשר לא ילמדו: הא אם עשו תשובה ומתגיירים, אתה רשאי לקבלם:
19When you besiege a city for many days to wage war against it to capture it, you shall not destroy its trees by wielding an ax against them, for you may eat from them, but you shall not cut them down. Is the tree of the field a man, to go into the siege before you? יטכִּי תָצוּר אֶל עִיר יָמִים רַבִּים לְהִלָּחֵם עָלֶיהָ לְתָפְשָׂהּ לֹא תַשְׁחִית אֶת עֵצָהּ לִנְדֹּחַ עָלָיו גַּרְזֶן כִּי מִמֶּנּוּ תֹאכֵל וְאֹתוֹ לֹא תִכְרֹת כִּי הָאָדָם עֵץ הַשָּׂדֶה לָבֹא מִפָּנֶיךָ בַּמָּצוֹר:
[When you besiege a city for many] days: The word “days” implies two days. [But when it says ימים: שנים:
many: [this means] three [days]. From here our Rabbis derived [the ruling that] the siege of a heathen city may not be initiated less than three days before the Sabbath (Sifrei , Shab. 19a), and this verse teaches us that the offer of peace (verse 10) must be repeated for two or three days. Similarly, it says:“that David dwelt in Ziklag for two days” (II Sam. 1:1). Scripture is speaking here of an optional war. — [Sifrei] רבים: שלשה. מכאן אמרו אין צרין על עיירות של נכרים פחות משלשה ימים קודם לשבת. ולמד שפותח בשלום שנים או שלשה ימים. וכן הוא אומר (שמואל ב' א, א) וישב דוד בצקלג ימים שנים, ובמלחמת הרשות הכתוב מדבר:
Is the tree of the field a man, to go into the siege before you]?: The word כִּי here means“perhaps:” Is the tree of the field perhaps a man who is to go into the siege by you, that it should be punished by the suffering of hunger and thirst like the people of the city? Why should you destroy it? כי האדם עץ השדה: הרי כי משמש בלשון דלמא. שמא האדם עץ השדה להכנס בתוך המצור מפניך להתייסר ביסורי רעב וצמא כאנשי העיר למה תשחיתנו:
20However, a tree you know is not a food tree, you may destroy and cut down, and you shall build bulwarks against the city that makes war with you, until its submission. כרַק עֵץ אֲשֶׁר תֵּדַע כִּי לֹא עֵץ מַאֲכָל הוּא אֹתוֹ תַשְׁחִית וְכָרָתָּ וּבָנִיתָ מָצוֹר עַל הָעִיר אֲשֶׁר הִוא עֹשָׂה עִמְּךָ מִלְחָמָה עַד רִדְתָּהּ:
until its submission: Heb. רִדְתָּהּ, an expression of רִדּוּי, subjugation, [meaning] that it becomes submissive to you. עד רדתה: לשון רדוי, שתהא כפופה לך:
Chapter 21
1If a slain person be found in the land which the Lord, your God is giving you to possess, lying in the field, [and] it is not known who slew him, אכִּי יִמָּצֵא חָלָל בַּאֲדָמָה אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ לְרִשְׁתָּהּ נֹפֵל בַּשָּׂדֶה לֹא נוֹדַע מִי הִכָּהוּ:
2then your elders and judges shall go forth, and they shall measure to the cities around the corpse. בוְיָצְאוּ זְקֵנֶיךָ וְשֹׁפְטֶיךָ וּמָדְדוּ אֶל הֶעָרִים אֲשֶׁר סְבִיבֹת הֶחָלָל:
then your elders… shall go out: the distinguished ones of your elders, [namely] the Great Sanhedrin. — [Sotah 44] ויצאו זקניך: מיוחדים שבזקניך, אלו סנהדרי גדולה:
and they shall measure: from the place where the corpse lies. ומדדו: ממקום שהחלל שוכב:
to the cities around the corpse: in every direction, in order to ascertain which is the nearest. אל הערים אשר סביבות החלל: לכל צד לידע איזו קרובה:
3And it will be, [that from] the city closer to the corpse, the elders of that city shall take a calf with which work has never been done, [and] that has never drawn a yoke, גוְהָיָה הָעִיר הַקְּרֹבָה אֶל הֶחָלָל וְלָקְחוּ זִקְנֵי הָעִיר הַהִוא עֶגְלַת בָּקָר אֲשֶׁר לֹא עֻבַּד בָּהּ אֲשֶׁר לֹא מָשְׁכָה בְּעֹל:
4and the elders of that city shall bring the calf down to a rugged valley, which was neither tilled nor sown, and there in the valley, they shall decapitate the calf. דוְהוֹרִדוּ זִקְנֵי הָעִיר הַהִוא אֶת הָעֶגְלָה אֶל נַחַל אֵיתָן אֲשֶׁר לֹא יֵעָבֵד בּוֹ וְלֹא יִזָּרֵעַ וְעָרְפוּ שָׁם אֶת הָעֶגְלָה בַּנָּחַל:
to a rugged valley: Heb. אֵיתָן, hard, [a valley] that was never tilled. אל נחל איתן: קשה שלא נעבד:
shall decapitate: He breaks its neck with a hatchet [i.e., from the back]. The Holy One, blessed be He, says: Let the calf which is in its first year and has, therefore, produced no fruits, come and be decapitated at a place [the valley that was not tilled] which has not produced fruits, in order to atone for the murder of this man, whom they [the murderers] did not allow to produce fruit [i.e., to perform mitzvoth]. — [Sotah 46a] וערפו: קוצץ ערפה בקופיץ. אמר הקב"ה תבא עגלה בת שנתה שלא עשתה פירות ותערף במקום שאינו עושה פירות, לכפר על הריגתו של זה שלא הניחוהו לעשות פירות:
5And the kohanim, the sons of Levi, shall approach, for the Lord, your God, has chosen them to serve Him and to bless in the Name of the Lord, and by their mouth shall every controversy and every lesion be [judged]. הוְנִגְּשׁוּ הַכֹּהֲנִים בְּנֵי לֵוִי כִּי בָם בָּחַר יְהֹוָה אֱלֹהֶיךָ לְשָׁרְתוֹ וּלְבָרֵךְ בְּשֵׁם יְהֹוָה וְעַל פִּיהֶם יִהְיֶה כָּל רִיב וְכָל נָגַע:
6And all the elders of that city, who are the nearest to the corpse, shall wash their hands over the calf that was decapitated in the valley; ווְכֹל זִקְנֵי הָעִיר הַהִוא הַקְּרֹבִים אֶל הֶחָלָל יִרְחֲצוּ אֶת יְדֵיהֶם עַל הָעֶגְלָה הָעֲרוּפָה בַנָּחַל:
7And they shall announce and say, "Our hands did not shed this blood, nor did our eyes see [this crime]." זוְעָנוּ וְאָמְרוּ יָדֵינוּ לֹא שָׁפְכוּ (כתיב שפכה) אֶת הַדָּם הַזֶּה וְעֵינֵינוּ לֹא רָאוּ:
Our hands did not shed [this blood]: But would it enter one’s mind that the elders of the court are murderers? Rather, [they declare:] We [ourselves] did not see him and let him depart without food or escort [which would have indirectly caused his death, leaving this man to the elements and to robbers]. — [Sifrei ; Sotah 45a] The kohanim then say: ידינו לא שפכה: וכי עלתה על לב שזקני בית דין שופכי דמים הם, אלא לא ראינוהו ופטרנוהו בלא מזונות ובלא לויה. והכהנים אומרים כפר לעמך ישראל:
8"Atone for Your people Israel, whom You have redeemed, O Lord, and lay not [the guilt of] innocent blood among your people Israel." And [so] the blood shall be atoned for them. חכַּפֵּר לְעַמְּךָ יִשְׂרָאֵל אֲשֶׁר פָּדִיתָ יְהֹוָה וְאַל תִּתֵּן דָּם נָקִי בְּקֶרֶב עַמְּךָ יִשְׂרָאֵל וְנִכַּפֵּר לָהֶם הַדָּם:
Atone for Your people Israel,… And [so] the blood will be atoned for them: Scripture informs them that from the time they complete all this, their sin is atoned. — [Sifrei] ונכפר להם הדם: הכתוב מבשרם שמשעשו כן יכופר להם העון:
9And you shall abolish the [shedding of] innocent blood from among you, for you shall do what is proper in the eyes of the Lord. טוְאַתָּה תְּבַעֵר הַדָּם הַנָּקִי מִקִּרְבֶּךָ כִּי תַעֲשֶׂה הַיָּשָׁר בְּעֵינֵי יְהֹוָה:
and you shall abolish: This tells [us] that if the murderer is found after the calf is decapitated, the murderer must be executed, and that is “what is proper in the eyes of the Lord.” - [Sotah 47b, Keth. 37b] ואתה תבער: מגיד שאם נמצא ההורג אחר שנתערפה העגלה הרי זה יהרג, והוא הישר בעיני ה':Daily Tehillim: Psalms Chapters 39 - 43
• 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 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.
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
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 19, 20 and 21.
Chapter 19
To behold God's might one should look to the heavens, to the sun, and to the Torah, from which awesome miracles and wonders can be perceived--wonders that lead the creations to tell of God's glory.
1. For the Conductor, a psalm by David.
2. The heavens recount the glory of the Almighty; the sky proclaims His handiwork.
3. Day to day speech streams forth; night to night expresses knowledge.
4. There is no utterance, there are no words; their voice is inaudible.
5. Their arc extends throughout the world; their message to the end of the earth. He set in them [the heavens] a tent for the sun,
6. which is like a groom coming forth from his bridal canopy, like a strong man rejoicing to run the course.
7. Its rising is at one end of the heavens, and its orbit encompasses the other ends; nothing is hidden from its heat.
8. The Torah of the Lord is perfect, restoring the soul; the testimony of the Lord is trustworthy, making wise the simpleton.
9. The precepts of the Lord are just, rejoicing the heart; the command of the Lord is clear, enlightening the eyes.
10. The fear of the Lord is pure, abiding forever; the judgments of the Lord are true, they are all righteous together.
11. They are more desirable than gold, than much fine gold; sweeter than honey or the drippings of honeycomb.
12. Indeed, Your servant is scrupulous with them; in observing them there is abundant reward.
13. Yet who can discern inadvertent wrongs? Purge me of hidden sins.
14. Also hold back Your servant from willful sins; let them not prevail over me; then I will be unblemished and keep myself clean of gross transgression.
15. May the words of my mouth and the meditation of my heart be acceptable before You, Lord, my Strength and my Redeemer.
Chapter 20
If a loved one or relative is suffering-even in a distant place, where one is unable to help-offer this prayer on their behalf.
1. For the Conductor, a psalm by David.
2. May the Lord answer you on the day of distress; may the Name of the God of Jacob fortify you.
3. May He send your help from the Sanctuary, and support you from Zion.
4. May He remember all your offerings, and always accept favorably your sacrifices.
5. May He grant you your heart's desire, and fulfill your every counsel.
6. We will rejoice in your deliverance, and raise our banners in the name of our God; may the Lord fulfill all your wishes.
7. Now I know that the Lord has delivered His anointed one, answering him from His holy heavens with the mighty saving power of His right hand.
8. Some [rely] upon chariots and some upon horses, but we [rely upon and] invoke the Name of the Lord our God.
9. They bend and fall, but we rise and stand firm.
10. Lord, deliver us; may the King answer us on the day we call.
Chapter 21
One who is endowed with prosperity, and whose every desire is granted, ought not be ungrateful. He should praise and thank God, recognize Him as the cause of his prosperity, and trust in Him. For everything comes from the kindness of the One Above.
1. For the Conductor, a psalm by David.
2. The king rejoices in Your strength, Lord; how greatly he exults in Your deliverance!
3. You have given him his heart's desire, and You have never withheld the utterance of his lips.
4. You preceded him with blessings of good; You placed a crown of pure gold on his head.
5. He asked of You life, You gave it to him-long life, forever and ever.
6. His glory is great in Your deliverance; You have placed majesty and splendor upon him.
7. For You make him a blessing forever; You gladden him with the joy of Your countenance.
8. For the king trusts in the Lord, and in the kindness of the Most High-that he will not falter.
9. Your hand will suffice for all Your enemies; Your right hand will find those who hate You.
10. You will make them as a fiery furnace at the time of Your anger. May the Lord consume them in His wrath; let a fire devour them.
11. Destroy their offspring from the earth, their descendants from mankind.
12. For they intended evil against You, they devised evil plans which they cannot execute.
13. For You will set them as a portion apart; with Your bowstring You will aim at their faces.
14. Be exalted, O Lord, in Your strength; we will sing and chant the praise of Your might.
Tanya: Iggeret HaKodesh, end of Epistle 11
• Lessons in Tanya• Shabbat, Elul 7, 5775 · August 22, 2015
Today's Tanya Lesson
Iggeret HaKodesh, end of Epistle 11
ועל כן, ראשית הכל, שישמח האדם ויגל בכל עת ושעה
ויחיה ממש באמונתו בה׳, המחיה ומטיב עמו בכל רגע
ומי שמתעצב ומתאונן
But he who is grieved and laments
מראה בעצמו שיש לו מעט רע ויסורין
demonstrates5 that he is undergoing some hardship and suffering,
וחסר לו איזה טובה
and lacks some goodness;
והרי זה ככופר, חס ושלום
he is (heaven forfend) like a heretic, who denies G‑d’s omnipresence.
For if he would truly believe, he would realize (as above) that “In the light of the King’s countenance there is life,” and “Strength and joy are in His place,” so that he indeed lacks nothing.
ועל כן הרחיקו מדת העצבות במאד חכמי האמת
This is why the Sages of Truth, the Kabbalists, strongly rejected the trait of sadness, for it contradicts a Jew’s true faith that “There is no place devoid of Him.”
אבל המאמין לא יחוש משום יסורין בעולם
The truly faithful, however, is not perturbed6 by any suffering whatever,
ובכל עניני העולם, הן ולאו שוין אצלו בהשוואה אמיתית
and with respect to all mundane matters, “yes” and “no” are all the same to him, in true equality.
ומי שאין שוין לו
But he to whom they are not the same,
מראה בעצמו שהוא מערב רב, דלגרמייהו עבדין
ואוהב את עצמו לצאת מתחת יד ה׳ ולחיות בחיי הגוים
he loves himself to the extent that9 he removes himself from under the hand (i.e., the authority) of G‑d, and lives the life of the gentiles, —
בשביל אהבת את עצמו
[all] because of his self-love.
ועל כן הוא חפץ בחיי בשרים ובני ומזוני
This is why he desires the “life of the flesh,”10 and “children and sustenance,”
כי זה טוב לו
for that is his good.
ונוח לו שלא נברא
[Indeed,] it would have been better for him had he not been created.
כי עיקר בריאת האדם בעולם הזה
For the main purpose of man’s creation in this world
הוא בשביל לנסותו בנסיונות אלו
is to test him by these trials and physical tribulations,
ולדעת את אשר בלבבו
to ascertain what is in his heart:11
אם יפנה לבבו אחרי אלהים אחרים
whether his heart will turn towards other gods,
שהם תאוות הגוף, המשתלשלים מסטרא אחרא, ובהם הוא חפץ
namely the passions of the body which evolve from the sitra achra, and desire these,
Since the kelipot and sitra achra, the forces of evil and unholiness, are termed “other gods,” the passions that they generate are likewise termed “other gods.”
או אם חפצו ורצונו לחיות חיים אמיתים, המשתלשלים מאלקים חיים
or whether his desire and wish is to live the true life which evolves from the living G‑d.12
ויאמין שבאמת הוא חי בהם
One must believe that he really lives it, i.e., the true life,
וכל צרכיו וכל עניניו משתלשלים באמת בפרטי פרטיותיהם שלא מסטרא אחרא
and that all his needs, and everything related to himself, truly evolve in all their details not from the sitra achra,
כי מה׳ מצעדי גבר כוננו
ואין מלה גו׳
and15 “While there is [yet] no word [on my tongue, You, G‑d, know it all].”
Thus, G‑d is aware of all man’s thoughts, words and deeds, even before man thinks, speaks or does them.
ואם כן, הכל טוב בתכלית, רק שאינו מושג
Accordingly, everything is absolutely good, except that it is not apprehended as such by man.
ובאמונה זו באמת, נעשה הכל טוב גם בגלוי
When one believes this truly, everything becomes good even on a revealed level.
שבאמונה זו, שמאמין שהרע הנדמה בגלוי
For by such a faith, in which one believes that what manifestly seems to be evil
כל חיותו הוא מטוב העליון
in fact receives its entire vitality from the Supreme Good,
שהיא חכמתו יתברך, שאינה מושגת
(i.e., from G‑d’s Chochmah which is not apprehensible,
שהיא העדן שלמעלה מעולם הבא
and which is the Eden that transcends the World to Come16), —
הרי באמונה זו נכלל ומתעלה באמת הרע המדומה בטוב העליון הגנוז
by this faith the imagined evil is truly absorbed and sublimated in the concealed Supreme Good, so that the good becomes palpably revealed to the physical eye.
| FOOTNOTES | |
| 1. | Note of the Rebbe: “For, as explained above, we are speaking of the Yotzer Bereishit [‘the One Who formed the firstbeginnings of Creation’].” |
| 2. | Note of the Rebbe: “This may be seen as a hint that [one should maintain this happy frame of mind at all times, despite the vagaries of life’s] 28 different and opposite ‘times’ (as listed in Kohelet 3:2 ff.). The same hint may also be perceived at the beginning of the present Epistle (‘at every time and moment’).” |
| 3. | Note of the Rebbe: “Since it is for the sake of [his faith] that he was created — and he is alive at all times and hours.” |
| 4. | Note of the Rebbe: “This is another reason why [the above-described train of thinking] should be maintained at all times and hours.” |
| 5. | Note of the Rebbe: “[The second word in the Hebrew phrase מראה בעצמו (here translated “demonstrates”; lit., “showsconcerning himself”)] is seemingly superfluous and also unexpected. Perhaps it suggests that [such a response to hardship] runs contrary to the very essence (עצם) of one’s creation and existence (for [a faith in G‑d’s ever-present goodness is] the purpose, as stated above, for which he was created).” |
| 6. | Note of the Rebbe: “This echoes Yeshayahu 28:16; see the Targum there [which translates לא יחיש as לא יזדעזעון — ‘...will not be agitated’]. In our text, too, the verb should perhaps be spelled thus [with a yud replacing the vav]. See also theTargum of Kohelet 2:25 [which translates ומי יחוש as דאית ליה חששא... — ‘...who is apprehensive’].” |
| 7. | Note of the Rebbe: “As above, footnote 29.” |
| 8. | Note of the Rebbe: “Tikkunei Zohar, Tikkun 6, end of p. 22a; cf. Iggeret HaKodesh, beginning of sec. 22; see also Part I [ofTanya], conclusion of ch. 1 (with regard to gentiles).” |
| 9. | The explanatory phrase “to the extent that” was inserted by the Rebbe. |
| 10. | Note of the Rebbe: “This [reason] was not stressed above for it is self-understood, and is the simple meaning of the expression as often quoted by our Sages. This, however, is not the case here: after the Alter Rebbe has focussed on lifein the light of the King’s countenance, it is obvious that this is what should have been desired.” |
| 11. | Cf. Devarim 8:2. |
| 12. | In the text here follow the words, אף שאינו יכול — “though he is unable.” A gloss, inserted at this point by the original publishers of this Hebrew edition, notes the anomalous nature of this phrase and comments that it does not appear in some manuscripts. An alternative version reads, “...or whether his desire and wish — though he is unable [to actually do so] — is to live the true life.” According to this version the phrase is parenthetical. |
| 13. | Tehillim 37:23. |
| 14. | Note of the Rebbe: “The choice of this particular verse here might appear problematic, when numerous verses about Divine Providence appear in Scripture before this one. [Its relevance to our context] becomes clear, however, in light of a comment of our Sages specifically on this verse (Chullin, end of p. 7b): [‘A man does not (even have something trivial happen to him, such as)] bruise [his finger, without its having been decreed from Above’].“ Here too, then, we observe the extreme precision of the Alter Rebbe’s writing, even with regard to words that might seem to be mere stylistic embellishments.” |
| 15. | Tehillim 139:4. |
| 16. | Note of the Rebbe: “Cf. the teaching of our Sages in Berachot 34b.” |
• Sefer Hamitzvos:
Today's Mitzvah
Shabbat, Elul 7, 5775 · August 22, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 247
Withholding Monies Owed
"You shall not defraud your neighbor"—Leviticus 19:13.
It is forbidden to withhold monies owed to another. As opposed to theft or robbery, which involve monies that came into a person's possession in an unlawful manner, this prohibition is addressed to the individual who has not obtained property illegally, but refuses to pay money owed. Examples include an employer who withholds wages and a debtor who refuses to repay a loan.
This prohibition includes flat refusal to pay as well as well as postponing payment employing deceptive methods.
Withholding Monies Owed
Negative Commandment 247
Translated by Berel Bell
The 247th prohibition is that we are forbidden to withhold payment of debts we owe — holding on to the money instead of paying it back.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not withhold (lo sa'ashok) that which is due your neighbor."
[The distinction between the various forms of theft is as follows:] geneivah refers to taking someone else's property through scheming and in secret. It is prohibited by the phrase, "lo tignovu," as explained previously.2 Gezel refers to taking someone else's property against his will and with open force, as highway robbers do. It is prohibited by the phrase, lo sigzol.3 Oshek refers to a case where you owe someone a certain amount of money — i.e. you have in your possession and control money — and you withhold it and do not hand it over. [This applies] whether or not force was involved, even just through pushing him off and deception. This too is prohibited, by G‑d's statement (exalted be He), "Do not withhold that which is due your neighbor."
The Sifra says: "The prohibition lo sa'ashok refers to withholding money. In which case? Such as holding back a worker's wages" and anything similar. A worker was picked as an example since it involves a fixed debt that you owe, but he did not give you any money and no money came to you from him. Nevertheless, since you owe him money, you are prohibited from withholding it.
This prohibition is repeated4 using this very example: "Do not withhold the wages due a worker who is poor and destitute." This means that you may not withhold his wages because he is poor and destitute, similar to the verse,5 "[You must give him his wage on the day it is due,] and not let the sun set with him waiting for it, because he is poor."
The Sifri says, " 'Do not withhold the wages due a worker who is poor and destitute.' But the Torah already said, 'Do not steal' (lo sigzol)! This teaches that anyone who withholds wages due a worker transgresses 'do not withhold,' 'do not steal,' 'do not go to sleep before paying your worker,' and 'pay your worker on that same day.' " There it clearly explains why the verse mentions the "poor and destitute" — because G‑d said, "I administer punishment swiftly when the victim is poor and destitute."
The punishment for one who transgresses this prohibition (lo sa'ashok) is identical to that of a robber.6 [We see this from] G‑d's statement7 (exalted be He), "...if he lied to his neighbor regarding an article left for safekeeping, a business deal, robbery (gazel), withholding payment (oshak) from his neighbor..."8
FOOTNOTES
1.Lev. 19:13.
2.N244.
3.N245.
4.Deut. 24:14.
5.Ibid., 24:15.
6.See N245.
7.Lev. 5:21.
8.The following verses describe the punishment: that he must remedy the misdeed by returning the proper amount, add one-fifth, and bring a sacrifice.
Yibbum vChalitzah - Chapter Seven
Halacha 1
When two brothers were married to two sisters, [the brothers] both died, and it is impossible to know who died first,1 [a third brother who remains alive] may not perform yibbum with both of them.2 Since they are both obligated to him, they both must perform chalitzah and not yibbum.
[The above ruling applies even] when one [of the yevamot] was forbidden to theyavam as a sh'niyah, or because of a positive commandment or a negative commandment.3 If, however, one [of the yevamot] was forbidden to the yavamas an ervah - e.g., she was his wife's mother or daughter - the sister is permitted [to the yavam]; he may perform either yibbum or chalitzah, as he desires. For both of the sisters were not obligated to him, since an ervah is not bound by this obligation.
Halacha 2
When in the above situation there were four brothers,] and one [of the yevamot] was forbidden to one of the yevamim as an ervah, and the other yevamah was forbidden to the other yavam as an ervah, [the yevamah] who is forbidden to one [yavam] is permitted to his brother, and [the yevamah] who is forbidden to the other [yavam] is permitted to his brother. For [in both instances] only [theyevamah] who is permitted to him is obligated [to each brother]. [Each one] may perform either yibbum or chalitzah with [the yevamah] permitted to him, as he desires.
Halacha 3
[In the above situation,] if one of the brothers died [and his identity was known], and his wife became obligated to perform yibbum, and then the other brother died, his wife - the sister of the first wife - became obligated to perform yibbum; [as long as] both remain alive, they both must perform chalitzah and notyibbum, as we have explained.4
Halacha 4
If [the wife of] the second [brother] dies, the [wife of the] first becomes permitted again. She may perform either chalitzah or yibbum.
If [the wife of] the first [brother] dies, the [wife of the] second remains forbidden. She must perform chalitzah and may not perform yibbum. [The rationale is that she was not fit to perform yibbum at the time she came before [her yavam].
Similarly, if one of the brothers performed chalitzah with the [wife of the] second [brother] first,5 the [wife of the] first becomes permitted to the other brothers. For the obligation that caused her to become forbidden was removed by his brother by performing chalitzah.
Halacha 5
Similarly, if [the wife of] the first [brother] was forbidden to one of the brothers as an ervah, and he performed yibbum with [the wife of] the second [brother] who was permitted to him,6 the [wife of the] first becomes permitted to the other brothers. For the woman who caused her to be forbidden to them performedyibbum with a brother to whom she was permitted.
If, however, [the wife of] the second [brother] was forbidden to one of the brothers as an ervah, he should perform yibbum with [the wife of] the first [brother],7 but the other brothers are forbidden to perform yibbum with both of them.8They must perform chalitzah instead, as we have explained.9
If [in the situation mentioned in the final clause of Halachah 3] each one of the brothers marries one of the sisters [without asking Rabbinical guidance first], they must be forced to separate.10
Halacha 6
[Our Sages delivered these rulings in the following situation:] There were three brothers. Two were married to two sisters. One of the brothers married to the sisters died [childless]. The third [brother] gave a ma'amar to his yevamah, and then the husband of the second sister died, and the second sister also became obligated to the third brother. The third brother should divorce with a get [the sister] to whom he gave a ma'amar, and perform chalitzah with her.11 And he should perform chalitzah with the other sister, to enable her to marry another man.
Halacha 7
[In the above situation,] if the brother who gave the ma'amar [to the first brother's wife] died [childless], and he had another wife, both she and [the wife of the first brother] fall before [the brother] married to the sister of [the wife of the first brother]. The woman who was given the ma'amar is free from the obligations of chalitzah and yibbum, for she is the sister of [her yavam's] wife. The other woman should perform chalitzah and not yibbum, because thema'amar does not fully acquire a woman [as a wife]12 to the extent that another wife would be freed of the obligations [of yibbum].13
Halacha 8
When a brother consecrates the sister of his yevamah,14 we tell him: "Wait; do not divorce her and do not marry her15 until your brother performs yibbum orchalitzah with the woman who is under obligation."
If his brother performs yibbum or chalitzah with the yevamah, or if she dies, the brother may marry the woman he has consecrated. If all his brothers die,16 he must divorce with a get the woman he has consecrated, and perform chalitzahwith his yevamah.
If the woman he has consecrated died, regardless of whether she died before the brothers died or after the brothers died, the yevamah becomes permitted. He may perform either yibbum or chalitzah.17
Halacha 9
[The above laws become even more complicated if the brothers have more than one wife. For example,] there were three brothers. Two were married to two sisters, and each also had another wife. [The brothers] married to the sisters died [childless], and the sisters and the other wives fell before theyavam.
If he performs chalitzah with the other wives, the sisters are also freed of their obligation. If, however, he performs chalitzah with the sisters, the other wives are not freed of their obligations until they themselves perform chalitzah. [The rationale is that] the chalitzah performed by the sisters is not "superior,"18 and, as we have explained,19 a chalitzah that is not "superior" does not free another wife [of the deceased] from her obligation.
Halacha 10
It appears to me20 that this law also applies with regard to two yevamot coming from one household, when one is forbidden to her yavam as a sh'niyah, or because of a positive or negative prohibition. If the yavam performs chalitzahwith the woman who is prohibited, [the deceased's] other wife is not freed of her obligation. If he performs chalitzah with the other wife, the woman who is prohibited is freed of her obligation.
Halacha 11
[There is no need for yibbum or chalitzah in the following situation:] There were three brothers. Two were married to two sisters, and the third was married to a woman who did not share a family connection with them. One of the brothers married to the sisters died [childless] and the brother married to the other woman performed yibbum with [the brother's] wife. Afterwards, the wife of the second brother, [i.e., the sister of the yevamah] died, and then the third brother [the one who performed yibbum, died childless]. Thus, his two wives fall before the second brother, who is [now] unmarried.
These women are free of the obligation to perform either chalitzah or yibbum. One, the sister of [the yavam's deceased] wife [is forbidden], because she was the sister of his wife at the time his brother died. [At that time,] she became forbidden to him forever, as the wife of a brother who was not alive at the time of his [older] brother's [death]. The other woman [is forbidden], because she is the other wife [of her deceased husband].21
Halacha 12
Similarly, when two brothers are married to two sisters and one of [the brothers] dies [childless], and then the wife of the sister dies, [the wife of the first brother] remains forbidden [to the second brother] forever, since she was forbidden to him at the time [the obligation of yibbum first takes effect].
When, however, a man divorces his wife, remarries her and then dies [childless], she is permitted to the yavam. Although she was forbidden to him during his brother's lifetime at the time he divorced her, she became permitted [when he remarried her]. And at the time his brother died, she was permitted.
Halacha 13
[The following rules apply when] a girl below the age of majority was given in marriage by her father, and her husband divorced her, remarried her and then died [childless] while she was still below the age of majority.
Halacha 14
The same law applies when a man divorces a woman who is mentally competent, she becomes a deaf-mute, he remarries her and dies [childless] while she is a deaf-mute. She is forbidden to the yavam and should not perform either chalitzah or yibbum.25
Another woman married [to the deceased husband of] the minor or the deaf-mute may perform chalitzah, or yibbum.26
If [the deceased] remarried her while she was a minor or a deaf-mute, but she attained majority or regained her control of her faculties while married to him, and then he died [childless], she is permitted to her yavam.27
Halacha 15
When two brothers were married to two sisters, who were both below the age of majority and fit to dissolve their marriages through mi'un, or they were deaf-mutes, and one [of the brothers] dies [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife.28
If one [of the sisters] was above the age of majority and one was below, and the husband of the younger one died [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife.29 If the husband of the older [sister] died [childless], we instruct the younger one to absolve [her marriage to] her husband through mi'un, allowing the older [sister] to perform yibbum.30
Halacha 16
[The following law applies when two brothers who are both deaf-mutes are married to two sisters, and one [of the brothers] dies [childless]. His wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of theyavam's] wife. [This law applies] regardless of whether both of the sisters were deaf-mutes, both were mentally competent, or one was a deaf-mute and one was mentally competent.
Similarly, [the same law applies when] two sisters are both deaf-mutes and are married to two brothers, regardless of whether both of the brothers were deaf-mutes, both were mentally competent, or one was a deaf-mute and one was mentally competent.
[These rulings were given] because none of the marriages is fully binding.31
Halacha 17
[The following law applies when two brothers - one mentally competent and one a deaf-mute - are married to two sisters, either both mentally competent or one mentally competent and one a deaf-mute, and the mentally competent [sister] is married to the mentally competent [brother]. If the deaf-mute [brother] dies [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife.32
If the mentally competent [brother] dies [childless], the deaf-mute should divorce his wife with a get, because her sister is obligated to him.33 [The rationale for this ruling is] that the marriage of the deceased mentally competent brother was fully binding, [and thus] the obligation to the deaf-mute is also fully binding. [In contrast,] the marriage of the deaf-mute is not fully binding.
Halacha 18
Why did our Sages decree that a deaf-mute man must divorce his deaf-mute wife [in the above situation]? They are not obligated to observe the mitzvot; their situation resembles that of a child who eats non-kosher meat - in which instance, the court is not obligated to prevent them.36
Our Sages said: If the [deaf-mute's] wife will remain married to him, her sister will marry another man, [and this will be excused, for people] will say: "She was freed [from the obligations of yibbum and chalitzah] because she was the sister of [the yavam's] wife." [To prevent this impression from arising,] the deaf-mute must divorce his wife with a get, and her sister will be forbidden [to him] forever.
Halacha 19
Similarly, when two brothers who are mentally competent are married to two sisters, one mentally competent and one a deaf-mute, and the husband of the deaf-mute dies, [his wife] is free [of the obligation of yibbum], because she is the sister of [the yavam's] wife.37
Halacha 20
[Neither yibbum nor chalitzah is required in the following situation.] There were two brothers, one mentally competent and one a deaf-mute. The deaf-mute was married to two mentally competent women, one of whom was forbidden to the mentally competent brother as an ervah.
If the deaf-mute brother dies [childless], both his wives are free from the obligations [of yibbum and chalitzah, based on the following rationale].40 If the marriage of the woman forbidden [to the yavam] as an ervah is considered a marriage, the second woman is considered to be the other wife [of her husband] and is also freed of obligation. If the marriage of the woman forbidden [to the yavam] as an ervah is not considered a marriage, the marriage of the other woman is also not considered a marriage.
Halacha 21
If a man's daughter or the like41 was a deaf-mute, and she was married to his brother who was mentally competent [and the mentally competent brother dies childless], his other wife must perform chalitzah, but not yibbum. [The rationale is that] the marriage of the deaf-mute is not a fully binding marriage.42
Halacha 22
Whenever we have mentioned "two sisters" in these laws, the intent is also a woman and her daughter, or her granddaughter and the like; i.e., two woman [for whom marriage to one causes] the other to be considered an ervah.
Similarly, whenever we have mentioned "the sister of [the yavam's] wife" or "the sister of his yevamah," the intent is also her mother or her daughter - i.e., any close relative who becomes forbidden [to the yavam] because of her [marriage].
| FOOTNOTES | |
| 1. |
The laws that apply when we do know which brother died first are stated in Halachot 3 and 4.
|
| 2. |
According to Scriptural law, it is forbidden to marry two sisters. As an extension of this prohibition, when one is obligated to perform yibbum with two sisters according to Rabbinic law, one is not allowed to marry either of them and must perform chalitzah with both.
|
| 3. |
For according to Scriptural law, the obligation of yibbum applies in all these instances, as stated in Chapter 6, Halachah 10.
|
| 4. |
In Halachah 1.
|
| 5. |
The Kessef Mishneh (and the Beit Shmuel 175:2) explain that this ruling applies only after the fact - i.e., he performed chalitzah with the second yevamah without asking Rabbinical guidance. Had he in fact asked the Rabbis, they would have prohibited it, lest he err and perform chalitzah with the other sister. Once, however, the chalitzah is performed, we do not fear that a mistake will be made by others on a subsequent occasion.
|
| 6. |
Since he was never permitted to marry the wife of the first brother who died, the wife of the second never became forbidden to him.
|
| 7. |
Since he is not permitted to marry the wife of the second brother, the wife of the first never became forbidden to him. Hence, he should perform yibbum.
|
| 8. |
The Rambam mentions both yevamot to teach that even if the brother who marries the firstyevamah dies, she remains forbidden to his brothers.
|
| 9. |
See the previous halachah.
|
| 10. |
This applies to both couples. The first yavam who marries a yevamah is forced to separate because he has transgressed a Rabbinic prohibition. Even though he did not transgress in marrying his yevamah, the second yavam is forced to separate from her, because his marriage to her was made possible by a forbidden act, the first yavam's marriage.
Significantly, this represents a reversal of the Rambam's opinion from his rulings in his Commentary on the Mishnah (Yevamot 3:1; Eduyot 5:5), where he rules that the couples may remain married. The Tur (Even HaEzer 175) subscribes to that view. Although the Shulchan Aruch (Even HaEzer 175:3) also mentions it, it appears that the Rambam's ruling in the Mishneh Torah is favored.
|
| 11. |
This law is fundamentally the same as Halachah 3. The yavam is forbidden to perform yibbumwith either of the sisters. There is one added element: the fact that a ma'amar was given.
As explained in Chapter 5, Halachot 2-3, a ma'amar does not establish a complete marriage bond. If it established such a bond, the third brother would not be required to divorce his yevamah (and he would not be required to perform chalitzah with her sister). But since it does not, he cannot consummate his relationship with his yevamah. He must, however, divorce her, because of the connection established by the ma'amar.
|
| 12. |
As reflected in Chapter 6, Halachah 25, even if the yavam who died had not given a ma'amar to the other yevamah, this woman would not have been able to perform yibbum. The new dimension contributed by this halachah is that the ma'amar does not free her from the obligation of chalitzah.
|
| 13. |
I.e., had the ma'amar established a full marriage bond, she would not have been obligated at all. Since it does not, she must perform chalitzah.
|
| 14. |
This law applies if he consecrates her after his brother has died, and the obligation of yibbum is already incumbent upon him. If he consecrated her before his brother dies, and then he dies, he may marry her (Shulchan Aruch, Even HaEzer 159:6).
|
| 15. |
At present, the woman he consecrates is forbidden to him, because he is obligated to performyibbum with her sister. Nevertheless, he is not required to divorce her, because it is possible that the prohibition will be lifted.
|
| 16. |
Or he has no other brothers.
|
| 17. |
The fact that he was forbidden to marry her while her sister was alive does not prevent him from marrying her after her sister's death (Beit Shmuel 159:13).
|
| 18. |
From Yevamot 41a, it appears that whenever a yavam cannot perform yibbum with his yevamah, the chalitzah he performs with her is deemed "inferior."
|
| 19. |
Chapter 5, Halachah 12.
|
| 20. |
This expression is employed by the Rambam in reference to a law that has no direct source in the Rabbinic works of the previous generations. The Rambam's rationale is that just as the Rabbinic prohibition against performing yibbum with the sister of a woman to whom one is obligated is sufficient to cause a chalitzah to be considered "inferior," so too, the prohibitions mentioned in this halachah should have a similar effect.
There are several early halachic authorities who rule differently from the Rambam on this issue. The Rambam's decision is, however, accepted by the Shulchan Aruch (Even HaEzer 174:1).
|
| 21. |
This represents a reversal of the Rambam's opinion in his Commentary on the Mishnah (Yevamot3:7), where he states that the deceased's other wife should perform chalitzah, because there is a doubt whether or not an obligation falls upon her.
|
| 22. |
For the prohibition forbidding a woman divorced by her husband to her yavam is of Scriptural origin, while her remarriage is binding according to Rabbinic law alone.
The Ra'avad and Rabbenu Asher rule that the minor must perform chalitzah when she attains majority. The Ma'aseh Rokeach states this might also be the Rambam's intent (as reflected by the fact that he states that "she is forbidden to her yavam," and in the next halachah he adds that she "should not perform either chalitzah or yibbum"). Most commentaries do not, however, accept this interpretation.
|
| 23. |
The Rambam's wording is somewhat imprecise. The kiddushin the husband gives the father are binding according to Scriptural law, because the Torah granted him the right to consecrate her, as stated in Hilchot Ishut 3:11. If the girl is able to distinguish between a get and another object, she can be divorced according to Scriptural law, as stated in Hilchot Gerushin 2:19.
|
| 24. |
Until she reaches the age of twelve and manifests signs of physical maturity, she is not able to effect kiddushin that are binding according to Scriptural law. (Moreover, the girl's father also does not have the potential to consecrate her again according to Scriptural law once she has been divorced, as stated in Hilchot Ishut 3:12.)
|
| 25. |
In this instance as well, the divorce is binding according to Scriptural law, while the remarriage is merely a Rabbinic institution.
|
| 26. |
Since the remarriage of the minor or the deaf-mute is only a Rabbinic institution, while the marriage of the deceased's other wife is based on Scriptural law, the remarriage of the minor or the deaf-mute has no effect on the other wife's obligation to her yavam. See Shulchan Aruch (Even HaEzer173:23).
|
| 27. |
If her husband engaged in marital relations with her after she attained majority or regained control of her faculties, he acquires her as a wife according to Scriptural law. (See Hilchot Gerushin 11:6.) Therefore, there is no difference between her and another woman who was married, divorced and remarried.
|
| 28. |
Since both sisters share the same status, we allow the marriage of the sister whose husband is alive to continue. There is no mandate for him to perform yibbum, for the marriage to his yevamahwould still be Rabbinical in origin.
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| 29. |
Since the marriage of the older sister is binding according to Scriptural law, the younger sister has no obligation to the yavam.
|
| 30. |
The yibbum of the older sister is given priority over the marriage of the younger sister, because the older sister's first marriage is binding according to Scriptural law, and the obligation of yibbumis mandated by that authority. The marriage of the younger sister, by contrast, is binding only according to Rabbinic law.
Therefore, the younger sister is advised to perform mi'un, thus dissolving her marriage as if it had never existed. At this point, there is nothing preventing her husband from marrying her sister, hisyavam. (See Chapter 4, Halachah 30.)
|
| 31. |
As long as one of the parties involved is a deaf-mute, a marriage is binding only according to Rabbinic law. For this reason, there is no advantage for the yibbum of the deceased's wife over the existing marriage.
|
| 32. |
Since both the husband and wife are mentally competent, their marriage is binding according to Scriptural law. The deceased's wife is, therefore, freed of all obligations.
|
| 33. |
And it is forbidden to marry the sister of a woman with whom one is obligated to perform yibbum.
|
| 34. |
For it is forbidden to marry the sister of one's divorcee.
|
| 35. |
See Chapter 4, Halachah 13.
|
| 36. |
I.e., the court, the agent of the Jewish people as a whole, does not have the responsibility to admonish a child who violates the Torah's laws. The child's parents, by contrast, do and must train him in the observance of the Torah's ways. See Hilchot Ma'achalot Asurot 17:27-28.
|
| 37. |
Since both partners are mentally competent, their marriage is binding according to Scriptural law.
|
| 38. |
Since his marriage to the deaf-mute is only a Rabbinic institution, his obligation to the wife of his deceased brother, a requirement of Scriptural law, takes priority. Nevertheless, since he must divorce his deaf-mute wife with a get, he may not perform yibbum, for the yevamah is the sister of his divorcee.
|
| 39. |
In contrast to the deaf-mute yavam mentioned in Halachah 18.
|
| 40. |
I.e., one might think that although the mitzvot of yibbum and chalitzah do not apply with regard to the woman forbidden as an ervah, they do apply with regard to her deceased husband's other wife.
Generally, when a woman is forbidden as an ervah, her husband's other wives are not obligated, as stated in Chapter 6, Halachah 14. Nevertheless, since the deaf-mute's marriage is only a Rabbinic institution, one might think that the marriage to the woman forbidden as an ervah is not powerful enough to negate the obligation of yibbum. The Rambam's explanations that follow above are intended to counter this supposition.
|
| 41. |
I.e., any other woman permitted to his brother, but forbidden to him as an ervah. This includes the brother's mother-in-law and his daughter-in-law, after they were widowed or divorced from their first husbands.
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| 42. |
If it were a fully binding marriage, the deceased's other wife would be freed of the obligation ofchalitzah as well, as mentioned in note 40. Nevertheless, because the marriage is effective according to Rabbinic law, yibbum is not permitted.
|
Gezelah va'Avedah - Chapter Four
Halacha 1
Our Sages penalized robbers and gave the person whose property was taken the prerogative of taking an oath to support his claim regarding the value of the goods taken. He may then collect that money from the robber, provided that there are two witnesses who testify that this person robbed him.
Halacha 2
What is implied? A person came into a colleague's home to collect collateral. He was observed by two witnesses. When he entered he was not carrying anything under his cloak, and when he departed he was carrying utensils under his cloak, but the witnesses were not able to discern what the utensils were, and the owner of the home states: "He robbed me of this and this."
Regardless of whether the robber claimed: "I never entered his home and I did not take anything," "I entered his home as the witnesses observed, but I did not take anything. The utensils under my cloak were mine," or he said: "I took this utensil," and the owner claims that he took another utensil besides the one he admits - in all instances the owner of the home must take an oath while holding a sacred article to affirm his claim. He may then collect everything that he claims.
Halacha 3
When does the above apply? When the owner claims that the robber took articles that one might assume that he owned or that it was possible that such goods would be entrusted to him for safekeeping, and it was possible for those articles to be taken out by the robber under his cloak, as the witnesses testify.
Halacha 4
Different rules apply, however, when witnesses observe a person enter a colleague's home to take collateral, but do not see him depart, or they see him depart without appearing to be carrying any utensil under his cloak. Although the owner claims that the defendant took such and such, the defendant is not held liable. This applies even if the defendant denies entering the home and thus contradicts the testimony of the witnesses.
The rationale is that if he claimed: "I entered his home but I did not take anything," he would be required to support his claim with a Rabbinic oath, and then he would be exonerated. For it is possible that he entered with the intent of committing robbery, but did not.
Halacha 5
Different rules apply when one witness testifies that a person entered a colleague's home and removed utensils under his cloak, but the witness was unable to recognize which utensils were taken, and the person who entered states: "I did not take anything," or he says, "I took goods that you gave to me because of a debt." The person who entered must take an oath while holding a sacred article that he did not commit robbery. He is given this prerogative because he is not considered to be a robber unless two witnesses testify against him.
Halacha 6
Just as the owner of a home is entitled to take an oath and collect his due from the robber in the instances mentioned in Halachot 1-3, so too, a watchman appointed by the home owner, or even the wife of a watchman, may take such an oath, stating that the person took goods. This obligates the robber to pay.
Halacha 7
If, however, the robber was observed by merely a worker or a harvester of the homeowner, they are not given the prerogative of taking an oath to allow the homeowner to collect against his claim. The person whose property was taken is not given the prerogative of taking the oath, because he was not at home at the time of the robbery. The witnesses are not able to identify the articles that the robber took under his cloak, so their testimony does not obligate him to make restitution. Nor is the robber given the opportunity to clear himself by taking an oath, for we suspect that he might take a false oath.
Halacha 8
How is this matter resolved? The home owner has a ban of ostracism issued against any person who took goods from his home and does not admit the matter to a court.
Even if the robber admits to having taken certain articles, he is required to return only what he admits, for the owner cannot lodge a definite claim against him.
Halacha 9
The following rules apply when a person robs one of five people, but does not know whom he robbed, and each of the five claims that it was he whom he robbed. Although there are no witnesses that this person robbed, each of the plaintiffs may take an oath, and then the robber is obligated to pay each the amount he admits.
This is also a penalty enforced by the Sages because he transgressed and robbed. According to Scriptural Law, however, he has no obligation to pay, because the identity of the person whom he robbed is a matter of doubt.
Halacha 10
The following laws apply when a person tells two colleagues, "I robbed one of you" - or "...one of your fathers..." - "of a maneh, but I don't know whom." If he desires to fulfill his moral and spiritual obligation, he must pay the full amount of the robbery to each of the persons. The law, however, requires only that he give the value of the robbery, and they divide it among themselves.
The rationale is that neither of them knows that he has been robbed; it is the robber himself who is notifying them. Our Sages did not impose a penalty in this instance, because no one is lodging a claim against the robber.
Halacha 11
The following laws apply when a person lodges a claim against a colleague, saying: "You robbed me of a maneh." If the defendant replies: "I did not rob from you," he is required to take a sh'vuat hesset, as is the case with regard to any defendant.
If he admits that he robbed him of 50 zuz, he must pay the fifty he admits owing and take an oath required by Scriptural Law with regard to the remainder, as is the case with regard to any person who admits a portion of a claim. He is allowed to take this oath because witnesses did not establish that he was a robber.
Similarly because it was not established that a person was a robber, he is given the benefit of the doubt in the following situation: a person claimed that a colleague entered his home and stole utensils from him. The colleague replied that he took the utensils as collateral for a debt that that person owed him. The owner of the home denied the debt. Although the colleague admitted that he took the collateral without permission, since there are no witnesses who testify that he committed robbery, he is permitted to take an oath and collect the debt he claims from the collateral. For the very mouth that created the problem, rationalized it. Since he is taking an oath and collecting money, he must take an oath while holding a sacred article, as will be explained in Hilchot To'en.
Halacha 12
The following laws apply when witnesses observe a person enter a colleague's home when the owner is not home, and take utensils. These laws apply even when he does not conceal the utensils, and even when the owner of the home frequently sells his household articles.
If the owner claims: "He robbed them from me," and the defendant claims: "I entered with your permission, and you sold them to me," "...you gave them to me," or "I took them as payment for a debt you owe me," the defendant's claim is not accepted. The rationale is that whenever a person enters a colleague's home when he is not present and takes utensils and removes them in the presence of witnesses, we presume that he is a robber.
Therefore, he must return the utensils to the homeowner. The homeowner is not even required to take an oath, for the witnesses saw that the intruder committed robbery. After the defendant returns the utensils, he may lodge a suit against the homeowner according to his claims, and the judgment will be rendered according to law.
Halacha 13
Similarly, if only one witness observed the intruder taking the article, and the homeowner claims that the intruder robbed him of the article, while the defendant claims that he purchased it, he took it as payment for a debt, or it was his and was entrusted to the homeowner for safekeeping, the intruder is obligated to return the article to the homeowner, and the homeowner is not even required to take an oath.
The rationale is that if two witnesses had observed the matter, the defendant would have been obligated to pay. Since there is only one witness, the defendant is required to take an oath. And in this instance he cannot take the oath, because he does not deny the statement of the witness. Therefore, we follow the principle: Whenever a person is obligated to take an oath and cannot take that oath, he must pay.
Accordingly, different rules apply if the defendant denied the matter, saying: "I never entered his house, nor did I take anything." Since there is only one witness, and the defendant denies his testimony, he is obligated to take an oath mandated by Scriptural Law, stating that he did not take anything from the home. With this, he is exonerated.
Halacha 14
The following incident occurred. A person took a slab of silver from a colleague in the presence of one witness. The person who took the silver said: "Yes, I took it; and it was mine." Our Sages obligated him to return the silver, because the testimony of the witness obligates him to take an oath. He cannot take the oath, because he admits to what the witness says.
Had there not been a witness involved, he would have been able to take a Rabbinic oath that the silver he seized belonged to him.If he denied the statements of the witness and said, "I never took the silver," he would be required to take an oath required by Scriptural Law that he did not take it. This judgment should be followed universally in all analogous cases.
Halacha 15
The following rules apply if a person seizes gold coins from a colleague and the act was observed by one witness. The defendant says: "I seized my own money. There were twenty gold coins." Although the witness does not know how many coins there were, the defendant must pay twenty coins, for the witness knows that he took gold coins. If two witnesses had observed him, he would have been obligated to pay the full amount. Thus, when there is one witness, he is obligated to take an oath, but cannot, as explained above.
Halacha 16
There are opinions that maintain that the following rule applies when, in the above situation, the person who took the coins said: "I seized twenty gold coins; they were mine," while the person who was robbed says, "He took 100." The defendant must pay the twenty he admitted to having taken, and take an oath required by Scriptural Law with regard to the remainder, for he was obligated for a portion of the plaintiff's claim. My opinion is that he is required merely to take a Rabbinic oath, for he did not admit any liability. Instead, he said that he took what belonged to him.
Halacha 17
The following rules apply when a person enters a colleague's home when he is not present and takes utensils, while observed by one witness. The witness does not know how many utensils were taken. The owner claims that he had twenty utensils in his home, while the person who took them states: "I took only ten, and they were my own."
The defendant is required to return the ten, for he is obligated to take an oath, but cannot. He is not required to take even a Rabbinic oath concerning the remainder, because the owner cannot issue a definite claim against the robber.
Gezelah va'Avedah - Chapter Five
Halacha 1
It is forbidden to purchase an object obtained by robbery from the robber. Similarly, it is forbidden to assist him in changing its nature, so that the robber will acquire it.
Whoever acts in this manner or the like assists transgressors and violates the prohibition Leviticus 19:14: "Do not place a stumbling block before the blind."
Halacha 2
It is forbidden for anyone to benefit from an article obtained by robbery even after its rightful owner has despaired of its return, if one knows for certain that this object was obtained through robbery.
What is implied? If one knows for certain that a particular animal was obtained by robbery, it is forbidden to ride on it or plow with it.
Halacha 3
When a person obtains a house or a field by robbery, it is forbidden to pass through it or enter it. This applies even merely to seek shade or shelter from the rain. If he lives in another person's home, he must pay rent to the legal owners, as mentioned above with regard to a person who lives in a colleague's courtyard without the owner's knowledge.
If a person cuts down palm trees and constructs a bridge from them, it is forbidden for anyone to pass over it. The same applies with regard to other similar situations.
Halacha 4
If a person transgressed and ate an object obtained by robbery after the owners despaired of its return, he is not liable to compensate the owners.
If he ate the article before the owners despaired of its return the owners must be compensated. They may collect from the person who ate the article, for it is still in their possession. Or if they desire, they may collect from the robber.
Halacha 5
The following rules apply when a person commits robbery and dies. There is no difference if he fed the object he obtained by robbery to his sons after the owner despaired of its return, or rather than feed it to them he sold it or it was lost.
If the robber left landed property, his heirs must reimburse the original owner. According to Talmudic law, they need not, by contrast, reimburse him if he left only movable property. For the value of the object obtained by robbery is considered to be a debt owed by the robber, and movable property is not placed on lien to a creditor after the principal's death.
Halacha 6
The Geonim have already ordained that a debt owed a creditor can be expropriated from the movable property in the estate. This applies even to a loan supported by a verbal commitment alone. Therefore, in the above instance, the heirs are liable to reimburse the owners from either the landed property or the movable property in the robber's estate, regardless of whether or not the heirs ate the article obtained by robbery, and whether or not the owners despaired of its return.
Halacha 7
The laws applying to a person who purchases movable property from a robber are the same as those applying to one who purchases from a thief. If the reputation of the robber was a matter of public knowledge, our Sages did not grant any leniency. If the robber's reputation was not public knowledge, our Sages ordained leniency to enable uninhibited trade in the marketplace, and required the original owner to pay a purchaser the price he paid for the article taken by robbery. He may then take the article and sue the robber for the price of the article.
If the owner already despaired of the article's return, the purchaser is considered to have acquired the article itself and is not required to return it.
Halacha 8
It is forbidden to benefit from a robber's property.If even a minor portion of his property was legitimately his, one is allowed to benefit from his property, unless one is certain that the article from which one is benefiting was obtained by robbery.
Halacha 9
It is forbidden to benefit from the property of people whom we can assume to be robbers, when all of their property can be assumed to have come from robbery, for their profession is based on robbery - e.g., customs-collectors and highwaymen.
We may not change money from their cash-box, for all their money can be assumed to have come from robbery.
Halacha 10
If a customs-collector takes a person's garment and then returns another one to him, or he takes a person's donkey and returns another one to him, the person may keep the one returned. This is considered to be a transaction, and we can assume that the original owner despaired of its return. Moreover, we do not know for certain that this object was obtained by robbery. If the recipient is diligent and is wont to be stringent concerning his personal gain, he should return the object to its original owner.
Halacha 11
When does the statement that a customs-collector is considered to be a highwayman apply? When the customs collector is a gentile, is self-appointed, or was appointed by the king but is given unlimited jurisdiction and takes whatever he wants and leaves whatever he wants.
If, however, the customs-collector was appointed by the king to take a third, a fourth or any fixed amount of the subjects' goods or their value, the customs collector appoints a Jew to collect this sum for the king, and it is known that this person is faithful and does not add anything beyond what the king decreed, this person is not considered a robber. For the law established by the king is binding law. Indeed, anyone who does not pay this tax transgresses, for he is taking what is due the king. This applies whether the king is Jewish or gentile.
Halacha 12
Similarly, if a king imposes a tax on all the inhabitants of a city, a fixed annual head tax or a fixed annual property tax, or decrees that anyone who violates a particular law will have all his property confiscated by the king, or decrees that anyone who is found in a field at the harvest time must pay the tax on it whether or not he is the owner of the field, or any similar decree, it is not considered to be robbery.
A Jew who collects these duties on behalf of the king is not considered to be a robber. On the contrary, he is considered of upright character, provided he does not add to or change the king's levy in any way, nor take any for himself.
Halacha 13
Similarly, if a king becomes angered with a servant or an attendant who is one of his subjects and confiscates his field or his courtyard, it is not considered to be robbery, and one is permitted to benefit from it. If a person purchases it from the king, it becomes his and the original owners cannot expropriate it from him. For this is the law exercised by all kings: to confiscate all the property of their attendants if they become angered by them.
Thus, it is the king who annulled the ownership over this courtyard or field, making it ownerless. Therefore, the person buying it from the king legally acquires it.
If, however, a king confiscates a courtyard or a field from one of the subjects of his country in a manner that is not in accordance with the laws that he enacted, he is considered to be a robber, and the owners may expropriate the property from the person who purchased it from the king.
Halacha 14
The general principle is: Any law that a king decrees to be universally applicable, and not merely applying to one person, is not considered robbery. But whenever he takes from one person alone in a manner that does not conform to a known law, but rather seizes the property from the person arbitrarily, it is considered to be robbery.
Therefore, when the king's tax collectors and enforcement officers sell fields because the owner did not pay the fixed tax for the field, the sale is binding. A head tax, however, is the personal responsibility of each person and it may not be collected from his property. Thus, if a field was sold because an individual was delinquent in paying the head tax, the sale is not binding, unless this is the law enacted by this particular king.
Halacha 15
The following rules apply when the law of a king is that whoever pays the tax for a particular field acquires ownership of that field. If the owner of a field flees to avoid paying the property tax, and another person pays this tax to the king and derives benefit from that field, it is not considered to be robbery.
The one who paid the taxes may reap the benefit of the field provided he continues to pay the taxes until the owners return and pay this duty. For the law of a king is binding, as stated above.
Halacha 16
Similarly, if a king decrees that whoever pays a head tax for a person who has not paid acquires the delinquent person as a servant the decree is binding. If one Jew comes and pays a head tax for another indigent, he may compel him to work beyond ordinary limits, for the laws of a king are binding. He may not, however, have him toil as a slave.
Halacha 17
When a king cuts down trees belonging to private people and uses them for a bridge, one is permitted to cross over it. Similarly, if he destroys homes in order to construct a road or a wall, it is permitted to benefit from it. The same principle applies in all analogous situations, because the laws of a king are binding.
Halacha 18
When does the above apply? When the coins issued by a king are the tender of the land. This indicates that the inhabitants of that land have accepted him and consider him to be their leader and themselves to be his subjects.
If, however, the coins he issues are not the tender of the land, he is considered to be a robber who takes by the force of arms. He and his servants are like a band of armed thieves, whose laws are not binding. Such a king and his servants are considered to be robbers in all respects.
Gezelah va'Avedah - Chapter Six
Halacha 1
The following rules apply when a river washes away beams, stones, wood and the like. If the owners despaired of their return, it is permitted for the finder to keep them, and they become his property. If, however, the finder does not know whether or not the owners have despaired, he is obligated to return the objects. Needless to say, this applies if the owners are pursuing the article.
Halacha 2
Therefore, the same principle is applied when a person saves an article from the bed of a sea, from a flooding river, from gentiles, from a fire, from a lion, from a bear, from a tiger or from a leopard. If one knows that the owners have despaired of the article's return, it may be kept by the finder. If one does not know, one must return it.
Halacha 3
When a person saves an article from a Jewish robber, he may keep it, for we assume that the owners despaired of its return. If, however, he knows that they did not despair of its return, he is obligated to return it.
When, by contrast, a person saves an article from a gentile robber, he is obligated to return it, for we do not assume that the owners despaired of its return. If, however, he knows that they did despair of its return, he may keep it.
Why do we say with regard to Jewish robbers that we can assume that the owners despair, while with regard to gentile robbers we do not assume that they despair? Because the owners know that the gentile authorities will require a robber to return an article obtained by robbery, although there are no witnesses that he committed robbery. Circumstantial evidence and probability are sufficient.
Halacha 4
It is not considered robbery to take fresh cress that grows among flax, because it harms the flax belonging to the owner of the field. If the cress has become dry, taking it is considered robbery, because it has already caused whatever damage it might cause.
If it grows on the border of the rows of flax, it is forbidden to be taken even if it is fresh.
Halacha 5
We have stated in Hilchot Nizkei Mammon that taking straw and hay that a person has placed in the public domain is not considered robbery. If, however, a piece of feces is placed in the public domain, whether during the time when taking out wastes is permitted or at other times, taking it is considered to be robbery.
Halacha 6
When a person's clothes were exchanged for those belonging to another person at a house of mourning or a place of celebration,he should not use the article in his possession unless the owner comes and returns the original article and takes his own.
Slightly different rules apply if a person's articles become exchanged for another's in the home of a craftsman. If the craftsman's wife or children gave him the articles, or the craftsman gave him the articles and told him: "Take your articles," the person should not use the articles in his possession unless the owner comes and returns the original articles and takes his own.
If, however, the craftsman tells him: "Take this article," he may use it until the owner comes and returns the original articles and takes his own. For it is possible that the article belongs to the craftsman, or that the owner of the article told the craftsman to sell it for him. Similar laws apply in all analogous situations.
Halacha 7
Our Sages forbade many acts, classifying them as robbery - e.g., one who sets doves into flight or plays dice. If a person transgresses these prohibitions, he is considered a robber by Rabbinic decree.
What is meant by setting doves into flight? A person should not set doves into flight in a settled area, because he will take property belonging to others unjustly. For he will send out a male and it will bring a female from another dovecote; he will send out a female and it will bring a male.
This does not apply to doves alone. Instead, anyone who performs a like act with regard to other fowl, beasts or domesticated animals is considered to be a robber by Rabbinic decree.
Halacha 8
Similarly, our Sages forbade snaring doves within a settled area, for we can assume that the doves belong to others. One may not set a snare for doves unless one places a distance of four milbetween the snare and the settled area. Moreover, if the settled area is composed of vineyards, one should not set a snare even within 100 mil, for the doves belong to the owners of the vineyards.
Similarly, a person should not set a snare among dovecotes even if he owns those dovecotes, or they belong to a gentile or are ownerless, even if the dovecotes are more than 100 mil from the settled area, for the doves from the settled area will come to the area of the dovecotes.
Halacha 9
When constructing a dovecote, a person should position it at least 50 cubits from the village. Similarly, a person should not construct a dovecote in his field unless he owns the property in a radius of 50 cubits on all sides, so the doves will not be drawn forth and damage the fields of others by eating their produce.
If a person purchased a dovecote from another person, he may continue using it even if there is only a distance in which a quarter of a kav of grain can be sown between the dovecote and the beginning of his colleague's field. We do not require him to move it further away.
Halacha 10
What is meant by dice players? People who play with pieces of wood, pebbles, bones or the like and establish a condition that whoever will better a colleague in this sport is entitled to take a certain amount of money from him. This is robbery according to Rabbinic decree. Although the person himself consents to the other person's taking his money, since he is taking it for nothing, as part of the frivolous sport, it is considered to be robbery.
Similarly, those who gamble with regard to domesticated animals, beasts or fowl, making a condition that whosoever's animal will vanquish or outrace the other one's is entitled to take a certain amount of money from him - this and all forms of gambling are forbidden and considered to be robbery by Rabbinic decree.
Halacha 11
When a person plays dice with gentiles, he does not violate the prohibition against robbery. He does, however, violate the prohibition against occupying oneself with empty matters. It is not fitting for a person to spend any of his days occupied in anything other than words of wisdom or pursuits that lead to a stable world.
Halacha 12
The following principle applies with regard to snares for beasts, fowl and fish: If an animal falls into such a snare and another person takes it, this is considered robbery by Rabbinic law. It is not considered to be robbery by Scriptural law because they have not as yet entered the possession of the person who acquires them.
Halacha 13
A river and a stream that flow belong to all people.
When a poor person climbs to the top of an olive tree and beats the branches so that olives that have been forgotten by their owner will fall, he is entitled to them. If another poor person takes them, it is considered robbery by Rabbinic decree.
If the poor person collects them in his hand and then throws them to the earth, taking them is full-fledged robbery, for they have entered the possession of the person who acquires them.
Halacha 14
Unlike chickens and ducks, bees are not considered the private property of a person according to Scriptural law. Nevertheless, it is possible to acquire them according to Rabbinic law.
A person who steals a swarm of bees or prevents their owner from taking them if the swarm comes into his domain is considered a robber by Rabbinic decree. Thus, if a swarm of bees leaves a person's property and comes to rest in a colleague's property, the owner of the bees has the right to enter his colleague's field and proceed until he takes his bees. If in his progress he damages his colleague's field, he must reimburse him for the damages. He may not, however, cut down a branch with the intent that later he will reimburse the owner for the damages.
Halacha 15
We accept the statements of a woman or a minor who says, "this swarm of bees left this property," provided that the statements are made in the course of conversation and the owners are pursuing the swarm and asking "Where did it come to rest?"
Although a woman or a minor is not generally accepted as a witness, since the ownership of bees is a matter of Rabbinic law, their testimony is accepted in this case.
Halacha 16
Whenever a person is in possession of property that is considered to be robbed according to Rabbinic law, it cannot be expropriated by judges.
Similarly, if the person denied possession of it and took a false oath to that effect, he is not required to add a fifth, as he is with regard to property acquired by full-fledged robbery.
• Shabbat, Elul 7, 5775 · 22 August 2015
"Today's Day"
Tuesday Elul 7 5703
Torah lessons: Chumash: Teitsei, Shlishi with Rashi.
Tehillim: 39-43. Also 19-21.
Tanya: Now, the arousal (p. 451) ...from its midst. (p. 453).
The Alter Rebbe instructed that in the phrase p'tzua daka,1 the word daka be written (in the Torah scroll) with an alef at the end, not with a hay.
In Prague there is a Torah scroll which - according to local tradition - had been examined and emended by Ezra the Scribe. It is read only on Simchat Torah and is always rolled to the portion of sh'ma. When I was in Prague in 5668 (1908) I saw that scroll, and in it daka is spelled with an alef. So too when I was in Worms in 5667 (1907), I saw a sefer-Torah written - according to their tradition - by Rabbi Meir of Rotenberg, and there too the word daka was written with an alef. See alsoSh'eirit Yehuda, (Yoreh De'a, 16) and Divrei Nechemya (Yoreh De'a, 22) Mishnat Avraham (Sect. 32) cites a number of works that deal with this subject.
FOOTNOTES
1. Devarim 23:2.
Daily Thought:
Four Gates
Judges and officers shall you appoint in all your cities . . . (Deuteronomy 16:18)
Think of yourself as a city. You have four magical gates: the Gate of Seeing, the Gate of Listening, the Gate of Imagining and the Gate of Speaking.
Magical gates, because an Infinite G‑d enters your finite city through these gates. An infinite G‑d who cannot be squeezed within any place or boxed within any definition, but chooses to dress neatly in a wisdom called Torah—and these are your gates by which wisdom may enter.
That is why all the world competes to storm those gates. They want you to see the ugliness they see, hear the cacophony they hear, imagine the nonsense they imagine and speak without end. And then, you will desire all they desire and no room will be left in your city for that Infinite G‑d.
You only need master those gates and the city is yours.[Maamar Shoftim 5729.
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