Torah Reading
Ki Teitzei (Deuteronomy 21:10 “When you go out to war against your enemies, and Adonai your God hands them over to you, and you take prisoners, 11 and you see among the prisoners a woman who looks good to you, and you feel attracted to her and want her as your wife; 12 you are to bring her home to your house, where she will shave her head, cut her fingernails 13 and remove her prison clothing. She will stay there in your house, mourning her father and mother for a full month; after which you may go in to have sexual relations with her and be her husband, and she will be your wife. 14 In the event that you lose interest in her, you are to let her go wherever she wishes; but you may not sell her for money or treat her like a slave, because you humiliated her.
Today's Laws & Customs:
15 “If a man has two wives, the one loved and the other unloved, and both the loved and unloved wives have borne him children, and if the firstborn son is the child of the unloved wife; 16 then, when it comes time for him to pass his inheritance on to his sons, he may not give the inheritance due the firstborn to the son of the loved wife in place of the son of the unloved one, who is in fact the firstborn. 17 No, he must acknowledge as firstborn the son of the unloved wife by giving him a double portion of everything he owns, for he is the firstfruits of his manhood, and the right of the firstborn is his.
18 “If a man has a stubborn, rebellious son who will not obey what his father or mother says, and even after they discipline him he still refuses to pay attention to them; 19 then his father and mother are to take hold of him and bring him out to the leaders of his town, at the gate of that place, 20 and say to the leaders of his town, ‘This son of ours is stubborn and rebellious, he doesn’t pay attention to us, lives wildly, gets drunk.’ 21 Then all the men of his town are to stone him to death; in this way you will put an end to such wickedness among you, and all Isra’el will hear about it and be afraid.
(ii) 22 “If someone has committed a capital crime and is put to death, then hung on a tree, 23 his body is not to remain all night on the tree, but you must bury him the same day, because a person who has been hanged has been cursed by God — so that you will not defile your land, which Adonai your God is giving you to inherit.
22:1 “You are not to watch your brother’s ox or sheep straying and behave as if you hadn’t seen it; you must bring them back to your brother. 2 If your brother is not close by, or you don’t know who the owner is, you are to bring it home to your house; and it will remain with you until your brother asks for it; then you are to give it back to him. 3 You are to do the same with his donkey, his coat or anything else of your brother’s that he loses. If you find something he lost, you must not ignore it.
4 “If you see your brother’s donkey or ox collapsed on the road, you may not behave as if you hadn’t seen it; you must help him get them up on their feet again.
5 “A woman is not to wear men’s clothing, and a man is not to put on women’s clothing, for whoever does these things is detestable to Adonai your God.
6 “If, as you are walking along, you happen to see a bird’s nest in a tree or on the ground with chicks or eggs, and the mother bird is sitting on the chicks or the eggs, you are not to take the mother with the chicks. 7 You must let the mother go, but you may take the chicks for yourself; so that things will go well with you, and you will prolong your life.
(iii) 8 “When you build a new house, you must build a low wall around your roof; otherwise someone may fall from it, and you will be responsible for his death.
9 “You are not to sow two kinds of seed between your rows of vines; if you do, both the two harvested crops and the yield from the vines must be forfeited. 10 You are not to plow with an ox and a donkey together. 11 You are not to wear clothing woven with two kinds of thread, wool and linen together.
12 “You are to make for yourself twisted cords on the four corners of the garment you wrap around yourself.
13 “If a man marries a woman, has sexual relations with her and then, having come to dislike her, 14 brings false charges against her and defames her character by saying, ‘I married this woman, but when I had intercourse with her I did not find evidence that she was a virgin’; 15 then the girl’s father and mother are to take the evidence of the girl’s virginity to the leaders of the town at the gate. 16 The girl’s father will say to the leaders, ‘I let my daughter marry this man, but he hates her, 17 so he has brought false charges that he didn’t find evidence of her virginity; yet here is the evidence of my daughter’s virginity’ — (18 ) and they will lay the cloth before the town leaders. 18 (19) The leaders of that town are to take the man, punish him, 19 and fine him two-and-a-half pounds of silver shekels, which they will give to the girl’s father, because he has publicly defamed a virgin of Isra’el. She will remain his wife, and he is forbidden from divorcing her as long as he lives.
20 “But if the charge is substantiated that evidence for the girl’s virginity could not be found; 21 then they are to lead the girl to the door of her father’s house, and the men of her town will stone her to death, because she has committed in Isra’el the disgraceful act of being a prostitute while still in her father’s house. In this way you will put an end to such wickedness among you.
22 “If a man is found sleeping with a woman who has a husband, both of them must die — the man who went to bed with the woman and the woman too. In this way you will expel such wickedness from Isra’el.
23 “If a girl who is a virgin is engaged to a man, and another man comes upon her in the town and has sexual relations with her; 24 you are to bring them both out to the gate of the city and stone them to death — the girl because she didn’t cry out for help, there in the city, and the man because he has humiliated his neighbor’s wife. In this way you will put an end to such wickedness among you.
25 “But if the man comes upon the engaged girl out in the countryside, and the man grabs her and has sexual relations with her, then only the man who had intercourse with her is to die. 26 You will do nothing to the girl, because she has done nothing deserving of death. The situation is like the case of the man who attacks his neighbor and kills him. 27 For he found her in the countryside, and the engaged girl cried out, but there was no one to save her.
28 “If a man comes upon a girl who is a virgin but who is not engaged, and he grabs her and has sexual relations with her, and they are caught in the act, 29 then the man who had intercourse with her must give to the girl’s father one-and-a-quarter pounds of silver shekels, and she will become his wife, because he humiliated her; he may not divorce her as long as he lives.
23:1 (22:30) “A man is not to take his father’s wife, thus violating his father’s rights.
2 (1) “A man with crushed or damaged private parts may not enter the assembly of Adonai.
3 (2) “A mamzer may not enter the assembly of Adonai, nor may his descendants down to the tenth generation enter the assembly of Adonai.
4 (3) “No ‘Amoni or Mo’avi may enter the assembly of Adonai, nor may any of his descendants down to the tenth generation ever enter the assembly of Adonai, 5 (4) because they did not supply you with food and water when you were on the road after leaving Egypt, and because they hired Bil‘am the son of B‘or from P’tor in Aram-Naharayim to put a curse on you. 6 (5) But Adonai your God would not listen to Bil‘am; rather, Adonai your God turned the curse into a blessing for you; because Adonai your God loved you. 7 (6) So you are never to seek their peace or well being, as long as you live.
(iv) 8 (7) “But you are not to detest an Edomi, because he is your brother; and you are not to detest an Egyptian, because you lived as a foreigner in his land. 9 (8) The third generation of children born to them may enter the assembly of Adonai.
10 (9) “When you are in camp, at war with your enemies, you are to guard yourself against anything bad. 11 (10) If there is a man among you who is unclean because of a nocturnal emission, he is to go outside the camp; he is not to enter the camp. 12 (11) When evening arrives he is to bathe himself in water, and after sunset he may enter the camp. 13 (12) Also you are to have an area outside the camp to use as a latrine. 14 (13) You must include a trowel with your equipment, and when you relieve yourself, you are to dig a hole first and afterwards cover your excrement. 15 (14) For Adonai your God moves about in your camp to rescue you and to hand over your enemies to you. Therefore your camp must be a holy place. [Adonai] should not see anything indecent among you, or he will turn away from you.
16 (15) “If a slave has escaped from his master and taken refuge with you, you are not to hand him back to his master. 17 (16) Allow him to stay with you, in whichever place suits him best among your settlements; do not mistreat him.
18 (17) “No woman of Isra’el is to engage in ritual prostitution, and no man of Isra’el is to engage in ritual homosexual prostitution.
19 (18) Nothing earned through heterosexual or homosexual prostitution is to be brought into the house of Adonai your God in fulfillment of any vow, for both of these are abhorrent to Adonai your God.
20 (19) “You are not to lend at interest to your brother, no matter whether the loan is of money, food or anything else that can earn interest. 21 (20) To an outsider you may lend at interest, but to your brother you are not to lend at interest, so that Adonai your God will prosper you in everything you set out to do in the land you are entering in order to take possession of it.
22 (21) “When you make a vow to Adonai your God, you are not to delay in fulfilling it, for Adonai your God will certainly demand it of you, and your failure to do so will be your sin. 23 (22) If you choose not to make a vow at all, that will not be a sin for you; 24 (23) but if a vow passes your lips, you must take care to perform it according to what you voluntarily vowed to Adonai your God, what you promised in words spoken aloud.
(v) 25 (24) “When you enter your neighbor’s vineyard, you may eat enough grapes to satisfy your appetite; but you are not to put any in your basket. 26 (25) When you enter your neighbor’s field of growing grain, you may pluck ears with your hand; but you are not to put a sickle to your neighbor’s grain.
24:1 “Suppose a man marries a woman and consummates the marriage but later finds her displeasing, because he has found her offensive in some respect. He writes her a divorce document, gives it to her and sends her away from his house. 2 She leaves his house, goes and becomes another man’s wife; 3 but the second husband dislikes her and writes her a get, gives it to her and sends her away from his house; or the second husband whom she married dies. 4 In such a case her first husband, who sent her away, may not take her again as his wife, because she is now defiled. It would be detestable to Adonai, and you are not to bring about sin in the land Adonai your God is giving you as your inheritance.
(vi) 5 “If a man has recently married his wife, he is not to be subject to military service; he is to be free of external obligations and left at home for one year to make his new wife happy.
6 “No one may take a mill or even an upper millstone as collateral for a loan, because that would be taking as collateral the debtor’s very means of sustenance.
7 “If a man kidnaps any of his brothers, fellow members of the community of Isra’el, and makes him his slave or sells him, that kidnapper must die; in this way you will put an end to such wickedness among you.
8 “When there is an outbreak of tzara‘at, be careful to observe and do just what the cohanim, who are L’vi’im, teach you. Take care to do as I ordered them. 9 Remember what Adonai your God did to Miryam on the road after you left Egypt.
10 “When you make any kind of loan to your neighbor, you are not to enter his house to take his collateral. 11 You must stand outside, and the borrower will bring the collateral outside to you. 12 If he is poor, you are not to go to bed with what he gave as collateral in your possession; 13 rather, you must restore the pledged item at sunset; then he will go to sleep wearing his garment and bless you. This will be an upright deed of yours before Adonai your God.
(vii) 14 “You are not to exploit a hired worker who is poor and needy, whether one of your brothers or a foreigner living in your land in your town. 15 You are to pay him his wages the day he earns them, before sunset; for he is poor and looks forward to being paid. Otherwise he will cry out against you to Adonai, and it will be your sin.
16 “Fathers are not to be executed for the children, nor are children to be executed for the fathers; every person will be executed for his own sin.
17 “You are not to deprive the foreigner or the orphan of the justice which is his due, and you are not to take a widow’s clothing as collateral for a loan. 18 Rather, remember that you were a slave in Egypt; and Adonai your God redeemed you from there. That is why I am ordering you to do this.
19 “When harvesting the grain in your field, if you forgot a sheaf of grain there, you are not to go back and get it; it will remain there for the foreigner, the orphan and the widow, so that Adonai your God will bless you in all the work you do. 20 When you beat your olive tree, you are not to go back over the branches again; the olives that are left will be for the foreigner, the orphan and the widow. 21 When you gather the grapes from your vineyard, you are not to return and pick grapes a second time; what is left will be for the foreigner, the orphan and the widow. 22 Remember that you were a slave in the land of Egypt. That is why I am ordering you to do this.
25:1 “If people have a dispute, seek its resolution in court, and the judges render a decision in favor of the righteous one and condemning the wicked one; 2 then, if the wicked one deserves to be flogged, the judge is to have him lie down and be flogged in his presence. The number of strokes is to be proportionate to his offense; 3 but the maximum number is forty. He is not to exceed this; if he goes over this limit and beats him more than this, your brother will be humiliated before your eyes.
4 “You are not to muzzle an ox when it is treading out the grain.
5 “If brothers live together, and one of them dies childless, his widow is not to marry someone unrelated to him; her husband’s brother is to go to her and perform the duty of a brother-in-law by marrying her. 6 The first child she bears will succeed to the name of his dead brother, so that his name will not be eliminated from Isra’el. 7 If the man does not wish to marry his brother’s widow, then his brother’s widow is to go up to the gate, to the leaders, and say, ‘My brother-in-law refuses to raise up for his brother a name in Isra’el; he will not perform the duty of a husband’s brother for me.’ 8 The leaders of his town are to summon him and speak to him. If, on appearing before them, he continues to say, ‘I don’t want to marry her,’ 9 then his brother’s widow is to approach him in the presence of the leaders, pull his sandal off his foot, spit in his face and say, ‘This is what is done to the man who refuses to build up his brother’s family.’ 10 From that time on, his family is to be known in Isra’el as ‘the family of the man who had his sandal pulled off.’
11 “If men are fighting with each other, and the wife of one comes up to help her husband get away from the man attacking him by grabbing the attacker’s private parts with her hand, 12 you are to cut off her hand; show no pity.
13 “You are not to have in your pack two sets of weights, one heavy, the other light. 14 You are not to have in your house two sets of measures, one big, the other small. 15 You are to have a correct and fair weight, and you are to have a correct and fair measure, so that you will prolong your days in the land Adonai your God is giving you. 16 For all who do such things, all who deal dishonestly, are destestable to Adonai your God.
(Maftir) 17 “Remember what ‘Amalek did to you on the road as you were coming out of Egypt, 18 how he met you by the road, attacked those in the rear, those who were exhausted and straggling behind when you were tired and weary. He did not fear God. 19 Therefore, when Adonai your God has given you rest from all your surrounding enemies in the land Adonai your God is giving you as your inheritance to possess, you are to blot out all memory of ‘Amalek from under heaven. Don’t forget!)
• 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 40 Chapter 41 Chapter 42
Psalms 40:(0) For the leader. A psalm of David:
2 (1) I waited patiently for Adonai,
till he turned toward me and heard my cry.
3 (2) He brought me up from the roaring pit,
up from the muddy ooze,
and set my feet on a rock,
making my footing firm.
4 (3) He put a new song in my mouth,
a song of praise to our God.
Many will look on in awe
and put their trust in Adonai.
5 (4) How blessed the man who trusts in Adonai
and does not look to the arrogant
or to those who rely on things that are false.
6 (5) How much you have done, Adonai my God!
Your wonders and your thoughts toward us —
none can compare with you!
I would proclaim them, I would speak about them;
but there’s too much to tell!
7 (6) Sacrifices and grain offerings you don’t want;
burnt offerings and sin offerings you don’t demand.
Instead, you have given me open ears;
8 (7) so then I said, “Here I am! I’m coming!
In the scroll of a book it is written about me.
9 (8) Doing your will, my God, is my joy;
your Torah is in my inmost being.
10 (9) I have proclaimed what is right in the great assembly;
I did not restrain my lips, Adonai, as you know.
11 (10) I did not hide your righteousness in my heart
but declared your faithfulness and salvation;
I did not conceal your grace and truth
from the great assembly.”
12 (11) Adonai, don’t withhold your mercy from me.
Let your grace and truth preserve me always.
13 (12) For numberless evils surround me;
my iniquities engulf me — I can’t even see;
there are more of them than hairs on my head,
so that my courage fails me.
14 (13) Be pleased, Adonai, to rescue me!
Adonai, hurry and help me!
15 (14) May those who seek to sweep me away
be disgraced and humiliated together.
May those who take pleasure in doing me harm
be turned back and put to confusion.
16 (15) May those who jeer at me, “Aha! Aha!”
be aghast because of their shame.
17 (16) But may all those who seek you
be glad and take joy in you.
May those who love your salvation say always,
“Adonai is great and glorious!”
18 (17) But I am poor and needy;
may Adonai think of me.
You are my helper and rescuer;
my God, don’t delay!
41:(0) For the leader. A psalm of David:
2 (1) How blessed are those who care for the poor!
When calamity comes, Adonai will save them.
3 (2) Adonai will preserve them, keep them alive,
and make them happy in the land.
You will not hand them over
to the whims of their enemies.
4 (3) Adonai sustains them on their sickbed;
when they lie ill, you make them recover.
5 (4) I said, “Adonai, have pity on me!
Heal me, for I have sinned against you!”
6 (5) My enemies say the worst about me:
“When will he die and his name disappear?”
7 (6) When they come to see me they speak insincerely,
their hearts meanwhile gathering falsehoods;
then they go out and spread bad reports.
8 (7) All who hate me whisper together against me,
imagining the worst about me.
9 (8) “A fatal disease has attached itself to him;
now that he lies ill, he will never get up.”
10 (9) Even my close friend, on whom I relied,
who shared my table, has turned against me.
11 (10) But you, Adonai, have pity on me,
put me on my feet, so I can pay them back.
12 (11) I will know you are pleased with me
if my enemy doesn’t defeat me.
13 (12) You uphold me because of my innocence
you establish me in your presence forever.
14 (13) Blessed be Adonai the God of Isra’el
from eternity past to eternity future.
Amen. Amen.
Book II: Psalms 42–72
42:(0) For the leader. A maskil of the descendants of Korach:
2 (1) Just as a deer longs for running streams,
God, I long for you.
3 (2) I am thirsty for God, for the living God!
When can I come and appear before God?
4 (3) My tears are my food, day and night,
while all day people ask me, “Where is your God?”
5 (4) I recall, as my feelings well up within me,
how I’d go with the crowd to the house of God,
with sounds of joy and praise from the throngs
observing the festival.
6 (5) My soul, why are you so downcast?
Why are you groaning inside me?
Hope in God, since I will praise him again
for the salvation that comes from his presence.
7 (6) My God, when I feel so downcast,
I remind myself of you
from the land of Yarden, from the peaks of Hermon,
from the hill Mizar.
8 (7) Deep is calling to deep
at the thunder of your waterfalls;
all your surging rapids and waves
are sweeping over me.
9 (8) By day Adonai commands his grace,
and at night his song is with me
as a prayer to the God of my life.
10 (9) I say to God my Rock,
“Why have you forgotten me?
Why must I go about mourning,
under pressure by the enemy?
11 (10) My adversaries’ taunts make me feel
as if my bones were crushed,
as they ask me all day long,
‘Where is your God?’ ”
12 (11) My soul, why are you so downcast?
Why are you groaning inside me?
Hope in God, since I will praise him again
for being my Savior and God.
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: Chapters One and Two
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 Chapters One and Two.
Links: Ethics of the Fathers, Chapter 1 and Chapter 2
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Teitzei, 7th Portion Deuteronomy 24:14-25:19 with Rashi
• Chapter 24
14You shall not withhold the wages of a poor or destitute hired worker, of your brothers or of your strangers who are in your land within your cities. ידלֹא תַעֲשֹׁק שָׂכִיר עָנִי וְאֶבְיוֹן מֵאַחֶיךָ אוֹ מִגֵּרְךָ אֲשֶׁר בְּאַרְצְךָ בִּשְׁעָרֶיךָ:
You shall not withhold the wages of a [poor or destitute] hired worker:But has this not already been written [in the verse, “You shall not withhold what is due your fellow [Jew]” (Lev. 19:13)]? However, this [negative commandment] is [repeated here] to [make one] transgress two negative commandments for [withholding the pay due] a destitute person: [First, here,] not to withhold the wages of a worker who is poor or destitute, and [secondly,] concerning [even] the well-to-do worker, one was already admonished (Lev. 19:13)],“You shall not [unjustly] withhold what is due your fellow [Jew, which includes the destitute as well].” - [B.M. 61a] [See Chavel and Yosef Hallel, who quote the Reggio edition, which is more correct.] לא תעשק שכיר: והלא כבר כתוב, אלא לעבור על האביון בשני לאוין לא תעשוק שכר שכיר שהוא עני ואביון, ועל העשיר כבר הוזהר (ויקרא יט יג) לא תעשוק את רעך:
destitute: Heb. אֶבְיוֹן, one who longs for everything [because he has nothing. The word for longing (תאב) resembles the word for destitute (אֶבְיוֹן)]. - [See Midrash Prov. 22:22] אביון: התאב לכל דבר:
of your strangers: This [refers to] a righteous proselyte [who converts to Judaism out of genuine conviction and pure motives]. — [Sifrei 24:145] מגרך: זה גר צדק:
within your cities: This [expression refers to] a convert who [has undertaken not to practice idolatry, but] eats animals that have not been ritually slaughtered. — [Sifrei 24:145] בשעריך: זה גר תושב האוכל נבלות:
who are in your land: This [expression] comes to include the hire of animals or utensils. — [Sifrei 24:145, B.M. 111b] אשר בארצך: לרבות שכר בהמה וכלים:
15You shall give him his wage on his day and not let the sun set over it, for he is poor, and he risks his life for it, so that he should not cry out to the Lord against you, so that there should be sin upon you. טובְּיוֹמוֹ תִתֵּן שְׂכָרוֹ וְלֹא תָבוֹא עָלָיו הַשֶּׁמֶשׁ כִּי עָנִי הוּא וְאֵלָיו הוּא נֹשֵׂא אֶת נַפְשׁוֹ וְלֹא יִקְרָא עָלֶיךָ אֶל יְהֹוָה וְהָיָה בְךָ חֵטְא:
and he risks his life for it: For this wage he risks his life. [For instance,] he climbed up a ramp or suspended himself from a tree. — [B.M. 112a] ואליו הוא נושא את נפשו: אל השכר הזה הוא נושא את נפשו למות, עלה בכבש ונתלה באילן:
so that there should be sin upon you: in any case, [even if he does not cry out to the Lord against you]. However, punishment is meted out faster by virtue of one who cries out. — [Sifrei 24:146] והיה בך חטא: מכל מקום, אלא שממהרין להפרע על ידי הקורא:
16Fathers shall not be put to death because of sons, nor shall sons be put to death because of fathers; each man shall be put to death for his own transgression. טזלֹא יוּמְתוּ אָבוֹת עַל בָּנִים וּבָנִים לֹא יוּמְתוּ עַל אָבוֹת אִישׁ בְּחֶטְאוֹ יוּמָתוּ:
Fathers shall not be put to death because of sons: [I.e.,] by the testimony of [their] sons. But, if you say [that it means that fathers shall not be put to death] because of the sins of their sons, it has already been stated, “each man shall be put to death for his own transgression.” However, one who is not yet a man may die on account of his father’s transgressions. [Therefore,] minors may die at the hands of Heaven on account of their parents’ sins. — [Sifrei 24:147, Shab. 32b] לא יומתו אבות על בנים: בעדות בנים. ואם תאמר בעון בנים, כבר נאמר איש בחטאו יומתו, אבל מי שאינו איש מת בעון אביו, הקטנים מתים בעון אבותם בידי שמים:
17You shall not pervert the judgment of a stranger or an orphan, and you shall not take a widow's garment as security [for a loan] . יזלֹא תַטֶּה מִשְׁפַּט גֵּר יָתוֹם וְלֹא תַחֲבֹל בֶּגֶד אַלְמָנָה:
You shall not pervert the judgment of a stranger or an orphan: And concerning a wealthy person, [meaning anyone, not necessarily poor], one has already been warned, “You shall not pervert justice” (Deut. 16:19). However, [Scripture] repeats this prohibition here in reference to the poor man to [make one] transgress two negative commandments [for perverting the justice due a poor man]. Since it is easier to pervert the judgment of a poor man than that of a rich man, [Scripture] admonishes and then repeats [the admonition]. לא תטה משפט גר יתום: ועל העשיר כבר הוזהר (דברים טז יט) לא תטה משפט, ושנה בעני לעבור עליו בשני לאוין, לפי שנקל להטות משפט עני יותר משל עשיר, לכך הזהיר ושנה עליו:
and you shall not take a widow’s garment as security [for a loan]: not at the time of the loan, [but when the debtor has defaulted]. ולא תחבול: שלא בשעת הלואה:
18You shall remember that you were a slave in Egypt, and the Lord, your God, redeemed you from there; therefore, I command you to do this thing. יחוְזָכַרְתָּ כִּי עֶבֶד הָיִיתָ בְּמִצְרַיִם וַיִּפְדְּךָ יְהֹוָה אֱלֹהֶיךָ מִשָּׁם עַל כֵּן אָנֹכִי מְצַוְּךָ לַעֲשׂוֹת אֶת הַדָּבָר הַזֶּה:
You shall remember [that you were a slave in Egypt, and the Lord, your God, redeemed you from there]: [God says:] On that condition I redeemed you, [namely, on the condition] that you observe My statutes, even if you incur monetary loss in the matter. וזכרת: על מנת כן פדיתיך לשמור חקותי אפילו יש חסרון כיס בדבר:
19When you reap your harvest in your field and forget a sheaf in the field, you shall not go back to take it; it shall be [left] for the stranger, the orphan, and the widow, so that the Lord, your God, will bless you in all that you do. יטכִּי תִקְצֹר קְצִירְךָ בְשָׂדֶךָ וְשָׁכַחְתָּ עֹמֶר בַּשָּׂדֶה לֹא תָשׁוּב לְקַחְתּוֹ לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה יִהְיֶה לְמַעַן יְבָרֶכְךָ יְהֹוָה אֱלֹהֶיךָ בְּכֹל מַעֲשֵׂה יָדֶיךָ:
and forget a sheaf: but not a stack. [That is, if someone forgot a stack of grain, he may go back to retrieve it.] (Sifrei 24:149). Hence, [our Rabbis] said: (Pe’ah 6:6) A sheaf containing two se’ah, which someone forgot, is not considered שִׁכְחָה [that is, the harvester is permitted to go back and retrieve it]. ושכחת עומר: ולא גדיש. מכאן אמרו עומר שיש בו סאתים ושכחו אינו שכחה:
[When you reap your harvest in your field and forget a sheaf] in the field: [Why the repetition of the word“field”? This comes] to include שִׁכְחָה of standing grain, part of which the harvester had forgotten to reap, [not only bound up sheaves standing in the field]. - [Sifrei 24:149] בשדה: לרבות שכחת קמה ששכח מקצתה מלקצור:
you shall not go back to take it: From here, [our Rabbis] said: Whatever is behind him is considered שִׁכְחָה, “forgotten” [and may not be retrieved]. Whatever is in front of him, is not considered “forgotten” [and may still be retrieved], since it does not come under the law of “you shall not go back to take.” - [Pe’ah 6:4] לא תשוב לקחתו: מכאן אמרו, שלאחריו שכחה, שלפניו אינו שכחה, שאינו בבל תשוב:
so that [the Lord, your God,] will bless you: Although [the forgotten sheaf came into his hand without intention [of the owner]. How how much more so [will one be blessed] if he did it liberately! Hence, you must say that if someone dropped a sela, and a poor man found it and was sustained by it, then he [who lost the coin] will be blessed on its account. — [Sifrei 24:149] למען יברכך: ואף על פי שבאת לידו שלא במתכוין, קל וחומר לעושה במתכוין. אמור מעתה, נפלה סלע מידו ומצאה עני ונתפרנס בה הרי הוא מתברך עליה:
20When you beat your olive tree, you shall not deglorify it [by picking all its fruit] after you; it shall be [left] for the stranger, the orphan and the widow. ככִּי תַחְבֹּט זֵיתְךָ לֹא תְפַאֵר אַחֲרֶיךָ לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה יִהְיֶה:
you shall not deglorify it [by picking all its fruit] after you: Heb. לֹא-תְפַאֵר, [This word is derived from פְּאֵר or תִּפְאֶרֶת, “glory.” The “glory” of an olive-tree is its fruit. Thus, the meaning is:“You shall not take its glory” (תִּפְאֶרֶת) from it. [I.e., do not remove all its fruit.] Hence, [our Rabbis derive that [in addition to the harvest of grain and produce, in fruit-bearing trees also], one must leave behind פֵּאָה, [fruits at the end of the olive harvest]. — [Chul. 131b] לא תפאר: לא תטול תפארתו ממנו. מכאן שמניחין פאה לאילן:
after you: This refers to שִׁכְחָה, forgotten fruit [in the case of a fruit-bearing tree, that one must leave the forgotten fruit for the poor to collect]. — [Chul. 131b] אחריך: זו שכחה:
21When you pick the grapes of your vineyard, you shall not glean after you: it shall be [left] for the stranger, the orphan and the widow. כאכִּי תִבְצֹר כַּרְמְךָ לֹא תְעוֹלֵל אַחֲרֶיךָ לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה יִהְיֶה:
[When you pick the grapes of your vineyard,] you shall not glean: i.e., if you find עוֹלְלוֹת, small clusters therein, you shall not take them. Now what constitutes עוֹלְלוֹת [thus necessitating them to be left for the poor]? Any cluster of grapes which has neither a כָּתֵף,“shoulder” or a נָטֵף, “drippings.” But if it has either one of them, it belongs to the householder. — [Pe’ah 7:4] I saw in the Talmud Yerushalmi (Pe’ah 7:3):“What is a כָּתֵף, shoulder?” It is [a cluster of grapes] in which the sprigs of grapes pile one on top of the other [at the top of the cluster, together taking on the shape of a shoulder. And what is] a נָטֵף,“drippings?” These are the grapes suspended from the central stalk [of the cluster, as though dripping down]. לא תעולל: אם מצאת בו עוללות לא תקחנה. ואיזו היא עוללות כל שאין לה לא כתף ולא נטף. יש לה אחד מהם הרי היא לבעל הבית. וראיתי בתלמוד ירושלמי איזו היא כתף, פסיגין זה על גב זה. נטף, אלו התלויות בשדרה ויורדות:
22You shall remember that you were a slave in the land of Egypt: therefore, I command you to do this thing. כבוְזָכַרְתָּ כִּי עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרָיִם עַל כֵּן אָנֹכִי מְצַוְּךָ לַעֲשׂוֹת אֶת הַדָּבָר הַזֶּה:
Chapter 25
1If there is a quarrel between men, and they approach the tribunal, and they [the judges] judge them, and they acquit the innocent one and condemn the guilty one אכִּי יִהְיֶה רִיב בֵּין אֲנָשִׁים וְנִגְּשׁוּ אֶל הַמִּשְׁפָּט וּשְׁפָטוּם וְהִצְדִּיקוּ אֶת הַצַּדִּיק וְהִרְשִׁיעוּ אֶת הָרָשָׁע:
If there is a quarrel: they will eventually go to court. We learn from this, that peace cannot result from quarrel. [Just think,] what caused Lot to leave the righteous man [Abraham] (Gen. 13:7-12)? Clearly, it was quarrel. — [Sifrei 25:152] כי יהיה ריב: סופם להיות נגשים אל המשפט. אמור מעתה אין שלום יוצא מתוך מריבה, מי גרם ללוט לפרוש מן הצדיק הוי אומר זו מריבה:
and condemn the guilty one: [Since the next verse continues, “the judge shall… flog him,”] one might think that all those convicted by the court must be flogged. Therefore, Scripture teaches us, “and it shall be, if the guilty one has incurred [the penalty] of lashes…” (verse 2). [From here, we see that] sometimes [a convicted party] is given lashes, and sometimes he is not. Who receives lashes is derived from the context, as follows: [Some negative commandments are mitigated by positive commandments which relate to the same matter, for example, the law of sending away the mother bird (Deut. 22:6-7). Scripture (22:6) states the negative commandment: “you shall not take the mother upon the young,” and immediately, Scripture (22:7) continues to state the positive commandment of: “You shall send away the mother.” Here, the negative commandment is mitigated by the positive commandment. How so? If someone transgressed the negative commandment and took the mother bird from upon her young, he may clear himself of the punishment he has just incurred, by fulfilling the positive commandment of sending the mother bird away from the nest. This is an example of “a negative commandment mitigated by a positive commandment.” (see Mishnah Mak. 17a) Now, in our context, immediately after describing the procedure of flogging in court, the next verse (4) continues with the negative commandment of:] “You shall not muzzle an ox when it is threshing [the grain],” a negative commandment which is not mitigated by a positive one. [Therefore, from the very context of these verses, we learn that only for transgressing a “negative commandment which is not mitigated by a positive commandment,” is one punished by lashes.]- [see Mak. 13b] והרשיעו את הרשע: יכול כל המתחייבין בדין לוקין, תלמוד לומר והיה אם בן הכות הרשע, פעמים לוקה ופעמים אינו לוקה. ומי הוא הלוקה, למוד מן הענין (פסוק ד), לא תחסום שור בדישו, לאו שלא נתק לעשה:
2and it shall be, if the guilty one has incurred [the penalty of] lashes, that the judge shall make him lean over and flog him in front of him, commensurate with his crime, in number. בוְהָיָה אִם בִּן הַכּוֹת הָרָשָׁע וְהִפִּילוֹ הַשֹּׁפֵט וְהִכָּהוּ לְפָנָיו כְּדֵי רִשְׁעָתוֹ בְּמִסְפָּר:
the judge shall make him lean over: This teaches [us] that they [the judges] do not flog [the guilty party while [the latter is] standing or sitting, but, [when he is] leaning over. — [Mak. 22b] והפילו השופט: מלמד שאין מלקין אותו לא עומד ולא יושב אלא מוטה:
[The judge shall… flog him] in front of him, commensurate with his crime: Heb., כְּדֵי רִשְׁעָתוֹ [singular-meaning one punishment before him -] and behind him twice that number. From here they [the Rabbis] said:“They must give him two thirds [of his lashes] behind him [i.e., on his back], and one third in front of him [i.e., on his chest]” (Mak. 22b) לפניו כדי רשעתו: ולאחריו כדי שתים. מכאן אמרו, מלקין אותו שתי ידות מלאחריו ושליש מלפניו:
in number: Heb. בְּמִסְפָּר, but it is not vowelized בַּמִּסְפָּר, in the number. This teaches us that the word בְּמִסְפָּר is in the construct state, [qualifying the word following it which is the first word of the next verse, namely, אַרְבָּעִים], to read: בְּמִסְפָּר אַרְבָּעִים, that is, “[and flog him…] the number of forty,” but not quite a full quota of forty, but the number that leads up to the full total of forty, i. e.,“forty-minus-one.” - [Mak. 22b] במספר: ואינו נקוד במספר, למד שהוא דבוק, לומר במספר ארבעים ולא ארבעים שלמים, אלא מנין שהוא סוכם ומשלים לארבעים, והן ארבעים חסר אחת:
3He shall flog him with forty [lashes]; he shall not exceed, lest he give him a much more severe flogging than these [forty lashes], and your brother will be degraded before your eyes. גאַרְבָּעִים יַכֶּנּוּ לֹא יֹסִיף פֶּן יֹסִיף לְהַכֹּתוֹ עַל אֵלֶּה מַכָּה רַבָּה וְנִקְלָה אָחִיךָ לְעֵינֶיךָ:
He… shall not exceed: From here, we derive the admonition that one may not strike his fellow man. - [Keth. 33a, San. 85a] לא יוסיף: מכאן אזהרה למכה את חברו:
and your brother will be degraded: All day [that is, throughout the entire procedure], Scripture calls him רָשָׁע, “wicked,” but, once he has been flogged, behold, he is “your brother.” - [Sifrei 25:153] ונקלה אחיך: כל היום קוראו רשע ומשלקה קראו אחיך:
4You shall not muzzle an ox when it is threshing [the grain]. דלֹא תַחְסֹם שׁוֹר בְּדִישׁוֹ:
You shall not muzzle an ox: Scripture is speaking here in terms of what usually occurs [i.e., one usually uses an ox for threshing grain]. However, the law applies equally to any species of domestic animal, non-domesticated animal, or bird, and in any area of work in the process of preparing food. If so, why does Scripture specify an ox? To exclude man [from this law. That is, if it is a human who is performing the work, his employer is permitted to “muzzle” him, that is, to prevent the worker from eating from the produce. Nevertheless, it is a mitzvah to allow him to eat from the employer’s produce.]- [Sifrei 25:154] לא תחסם שור בדישו: דיבר הכתוב בהווה והוא הדין לכל בהמה חיה ועוף העושים במלאכה שהיא בדבר מאכל. אם כן למה נאמר שור, להוציא את האדם:
when it is threshing [the grain]: One might have thought that it is permissible to muzzle the animal outside [the work area, i.e., before it starts threshing]. Therefore, Scripture says, “You shall not muzzle an ox!”-i.e., at any time [even before the actual threshing] (see B.M. 90b). Why then, is threshing mentioned? To tell you that, just as threshing [has two specific features]: a) It is a thing that does not represent the completion of its process [rendering the product liable for tithing and challah], and b) it [namely, grain] grows from the ground, likewise, any [work] which resembles it [in these two features, is included in this law]. Thus, excluded [from this prohibition] is the labor of milking, cheese-making, or in churning [milk, to produce buttermilk], all of which deal with an item that does not grow from the ground. Also excluded is the labor of kneading [dough], or in rolling out the dough to shape, for these procedures do in fact complete the process, rendering the product liable for challah to be taken. A further exclusion to this prohibition is the labor of separating dates and figs [that is, when spreading out dates and figs on a roof or the like, so that they dry, the fruit may adhere into one mass. Here, the procedure is to separate individual dates or figs from the mass, a procedure] which completes the preparation process, rendering the fruit liable for tithing. — [B.M. 89a] בדישו: יכול יחסמנו מבחוץ, תלמוד לומר לא תחסום שור מכל מקום, ולמה נאמר דיש, לומר לך מה דיש מיוחד דבר שלא נגמרה מלאכתו וגדולו מן הארץ, אף כל כיוצא בו, יצא החולב והמגבן והמחבץ שאין גדולו מן הארץ, יצא הלש והמקטף שנגמרה מלאכתו לחלה, יצא הבודל בתמרים ובגרוגרות שנגמרה מלאכתן למעשר:
5If brothers reside together, and one of them dies having no son, the dead man's wife shall not marry an outsider. [Rather,] her husband's brother shall be intimate with her, making her a wife for himself, thus performing the obligation of a husband's brother with her. הכִּי יֵשְׁבוּ אַחִים יַחְדָּו וּמֵת אַחַד מֵהֶם וּבֵן אֵין לוֹ לֹא תִהְיֶה אֵשֶׁת הַמֵּת הַחוּצָה לְאִישׁ זָר יְבָמָהּ יָבֹא עָלֶיהָ וּלְקָחָהּ לוֹ לְאִשָּׁה וְיִבְּמָהּ:
If brothers reside together: [meaning] that they were both alive at the same time, [lit. that they had one dwelling in the world]. It excludes the wife of his brother who was no longer in the world [when he was born]. [This means as follows: If a man dies, and his brother is born after his death, his widow may not marry the brother of her deceased husband.] - [Sifrei 25:155, Yev. 17b] כי ישבו אחים יחדו: שהיתה להם ישיבה אחת בעולם, פרט לאשת אחיו שלא היה בעולמו:
together: [This law applies only to brothers] who share in the inheritance“together” [namely, paternal brothers]. This excludes maternal brothers. - [Sifrei 25:155, Yev. 17b] יחדו: המיוחדים בנחלה, פרט לאחיו מן האם:
having no son: Heb. וּבֵן אֵין-לוֹ [Literally,“and he has no son.” Here, the word אֵין can be read also as עַיִן, meaning to“investigate,” because an א is interchangeable with an ע (see Yev. 22b). Thus, the verse also teaches us:] Investigate him [if he has progeny of any sort]-whether he has a son or a daughter, or a son’s son or a son’s daughter, or a daughter’s son or a daughter’s daughter. [And if he has any of these, the law of יִבּוּם does not apply.] ובן אין לו: עיין עליו בן או בת, או בן הבן, או בת הבן, או בן הבת, או בת הבת:
6And it will be, that the eldest brother [who performs the levirate marriage, if] she [can] bear will succeed in the name of his deceased brother, so that his [the deceased brother's] name shall not be obliterated from Israel. ווְהָיָה הַבְּכוֹר אֲשֶׁר תֵּלֵד יָקוּם עַל שֵׁם אָחִיו הַמֵּת וְלֹא יִמָּחֶה שְׁמוֹ מִיִּשְׂרָאֵל:
the eldest brother: Heb. הַבְּכוֹר, [literally“the firstborn.” However, here it means that] the eldest brother [of the deceased] should perform the levirate marriage with the widow. — [Sifrei 25:156, Yev. 24a] והיה הבכור: גדול האחים הוא מייבם אותה:
she [can] bear: Heb. אֲשֶׁר תֵּלֵד [literally, “who will give birth.”] This excludes a woman incapable of conception. - [Sifrei 25:156, Yev. 24a] אשר תלד: פרט לאילונית שאינה יולדת:
will succeed in the name of his deceased brother: [literally,“will rise in the name of his brother.”] The one who marries his wife, is to take the share of his deceased brother’s inheritance of their father’s property [in addition to his own share]. - [Yev. 24a] יקום על שם אחיו: זה שייבם את אשתו יטול נחלת המת בנכסי אביו:
so that his name shall not be obliterated: This excludes [from the obligation of יִבּוּם] the wife of a eunuch whose name [was already] obliterated. - [Yev. 24a] ולא ימחה שמו: פרט לאשת סריס ששמו מחוי:
7But if the man does not wish to take his brother's wife, the brother's wife shall go up to the gate, to the elders, and say, "My husband's brother has refused to perpetuate his brother's name in Israel he does not wish to perform the obligation of a husband's brother with me." זוְאִם לֹא יַחְפֹּץ הָאִישׁ לָקַחַת אֶת יְבִמְתּוֹ וְעָלְתָה יְבִמְתּוֹ הַשַּׁעְרָה אֶל הַזְּקֵנִים וְאָמְרָה מֵאֵן יְבָמִי לְהָקִים לְאָחִיו שֵׁם בְּיִשְׂרָאֵל לֹא אָבָה יַבְּמִי:
to the gate: [Not to the gate of the city, but,] as the Targum [Onkelos] renders it: to the gate of the court. השערה: כתרגומו לתרע בית דינא:
8Then the elders of his city shall call him and speak to him, and he shall stand up and say, "I do not wish to take her." חוְקָרְאוּ לוֹ זִקְנֵי עִירוֹ וְדִבְּרוּ אֵלָיו וְעָמַד וְאָמַר לֹא חָפַצְתִּי לְקַחְתָּהּ:
and he shall stand up: [He must make this declaration] in a standing position. - [Sifrei 25:158] ועמד: בעמידה:
and say: in the Holy Language. She too shall make her statement in the Holy Language. — [Yev. 106b] ואמר: בלשון הקודש, ואף היא דבריה בלשון הקודש:
9Then his brother's wife shall approach him before the eyes of the elders and remove his shoe from his foot. And she shall spit before his face and answer [him] and say, "Thus shall be done to the man who will not build up his brother's household!" טוְנִגְּשָׁה יְבִמְתּוֹ אֵלָיו לְעֵינֵי הַזְּקֵנִים וְחָלְצָה נַעֲלוֹ מֵעַל רַגְלוֹ וְיָרְקָה בְּפָנָיו וְעָנְתָה וְאָמְרָה כָּכָה יֵעָשֶׂה לָאִישׁ אֲשֶׁר לֹא יִבְנֶה אֶת בֵּית אָחִיו:
And she shall spit before his face: on the ground, [not in his face]. — [Yev. 106b] וירקה בפניו: על גבי קרקע:
[Thus shall be done to the man] who will not build up [his brother’s household]: From here, [we learn] that one who has undergone the rite of chalitzah [described in these verses], cannot change his mind and marry her, for it does not say,“[Thus will be done to that man] who did not build up [his brother’s household],” but,“who will not build up [his brother’s household].” Since he did not build it up [when he was obliged to do so], he will never again build it up. — [Yev. 10b] אשר לא יבנה: מכאן למי שחלץ שלא יחזור וייבם, דלא כתיב אשר לא בנה, אלא אשר לא יבנה, כיון שלא בנה שוב לא יבנה:
10And that family shall be called in Israel, "The family of the one whose shoe was removed." יוְנִקְרָא שְׁמוֹ בְּיִשְׂרָאֵל בֵּית חֲלוּץ הַנָּעַל:
And his name shall be called [in Israel]: It is the duty of all those standing there to proclaim: חֲלוּץ הַנָּעַל - “you, who have had your shoe removed!” - [Yev. 106b] ונקרא שמו וגו': מצוה על כל העומדים שם לומר חלוץ הנעל:
11If [two] men, a man and his brother, are fighting together, and the wife of one of them approaches to rescue her husband from his assailant, and she stretches forth her hand and grabs hold of his private parts יאכִּי יִנָּצוּ אֲנָשִׁים יַחְדָּו אִישׁ וְאָחִיו וְקָרְבָה אֵשֶׁת הָאֶחָד לְהַצִּיל אֶת אִישָׁהּ מִיַּד מַכֵּהוּ וְשָׁלְחָה יָדָהּ וְהֶחֱזִיקָה בִּמְבֻשָׁיו:
If… men… are fighting together: they will eventually come to blows, as it is said:“[to rescue her husband] from his assailant.” [The moral here is:] Peace cannot result from strife. — [Sifrei 25:160] כי ינצו אנשים: סופן לבא ליד מכות, כמו שנאמר מיד מכהו. אין שלום יוצא מתוך ידי מריבה:
12you shall cut off her hand You shall not have pity. יבוְקַצֹּתָה אֶת כַּפָּהּ לֹא תָחוֹס עֵינֶךָ:
You shall cut off her hand: [This verse is not to be understood literally, but rather, it means:] She must pay monetary damages to recompense the victim for the embarrassment he suffered [through her action. The amount she must pay is calculated by the court,] all according to the [social status] of the culprit and the victim (see B.K. 83b). But perhaps [it means that we must actually cut off] her very hand? [The answer is born out from a transmission handed down to our Rabbis, as follows:] Here, it says לֹא תָחוֹס,“do not have pity,” and later, in the case of conspiring witnesses (Deut. 19:21), the same expression, לֹא תָחוֹס, is used. [And our Rabbis taught that these verses have a contextual connection:] Just as there, in the case of the conspiring witnesses, [the literal expressions in the verse refer to] monetary compensation (see Rashi on that verse), so too, here, [the expression “You must cut off her hand” refers to] monetary compensation. — [Sifrei 25:161] וקצותה את כפה: ממון דמי בשתו. הכל לפי המבייש והמתבייש. או אינו אלא ידה ממש, נאמר כאן לא תחוס, ונאמר להלן בעדים זוממין (לעיל יט יג) לא תחוס, מה להלן ממון, אף כאן ממון:
13You shall not keep in your pouch two different weights, one large and one small. יגלֹא יִהְיֶה לְךָ בְּכִיסְךָ אֶבֶן וָאָבֶן גְּדוֹלָה וּקְטַנָּה:
two different weights: [This term is not to be understood literally as “stones,” but rather, it refers to specific stones, namely:] weights [used to weigh merchandise in business]. אבן ואבן: משקלות:
one large and one small: [literally, “big and small.” This means:] the big stone“contradicts” [i.e., is inconsistent with] the small one. [That is to say, you must not have two weights which appear to be the same, but in fact, are unequal, allowing you] to purchase goods with the larger weight [thereby cheating the seller], and to sell with the smaller one [thereby cheating the buyer]. — [Sifrei 25:162] גדולה וקטנה: גדולה שמכחשת את הקטנה, שלא יהא נוטל בגדולה ומחזיר בקטנה:
14You shall not keep in your house two different ephah measures, one large and one small. ידלֹא יִהְיֶה לְךָ בְּבֵיתְךָ אֵיפָה וְאֵיפָה גְּדוֹלָה וּקְטַנָּה:
You shall not keep: Heb. לֹא-יִהְיֶה לְךָ, literally, “You will not have.” That is, the verse literally reads: “If you keep… two different weights, you will not have.” This teaches us that] if you do this, you will not have anything! - [Sifrei 25:162] [However,] לא יהיה לך: אם עשית כן לא יהיה לך כלום:
15[Rather,] you shall have a full and honest weight, [and] a full and honest ephah measure, in order that your days will be prolonged on the land which the Lord, your God, gives you. טואֶבֶן שְׁלֵמָה וָצֶדֶק יִהְיֶה לָּךְ אֵיפָה שְׁלֵמָה וָצֶדֶק יִהְיֶה לָּךְ לְמַעַן יַאֲרִיכוּ יָמֶיךָ עַל הָאֲדָמָה אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לָךְ:
you shall have a full and honest weight: [Literally, “If you keep a full and honest weight, you will have.” That is to say,] if you do this, you will have much. — [Sifrei 25:162] אבן שלמה וצדק יהיה לך: אם עשית כן יהיה לך הרבה:
16For whoever does these things, whoever perpetrates such injustice, is an abomination to the Lord, your God. טזכִּי תוֹעֲבַת יְהֹוָה אֱלֹהֶיךָ כָּל עֹשֵׂה אֵלֶּה כֹּל עֹשֵׂה עָוֶל:
17You shall remember what Amalek did to you on the way, when you went out of Egypt, יזזָכוֹר אֵת אֲשֶׁר עָשָׂה לְךָ עֲמָלֵק בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם:
You shall remember what [Amalek] did to you: [The juxtaposition of these passages teaches us that] if you use fraudulent measures and weights, you should be worried about provocation from the enemy, as it is said: “Deceitful scales are an abomination of the Lord” (Prov. 11:1), after which the [next] verse continues,“When willful wickedness comes, then comes disgrace.” [That is, after you intentionally sin by using deceitful scales, the enemy will come to provoke you into war, and this will be a disgraceful matter to you]. — [Tanchuma 8] זכור את אשר עשה לך: אם שקרת במדות ובמשקלות הוי דואג מגרוי האויב, שנאמר (משלי יא א) מאזני מרמה תועבת ה', וכתיב בתריה בא זדון ויבא קלון:
18how he happened upon you on the way and cut off all the stragglers at your rear, when you were faint and weary, and he did not fear God. יחאֲשֶׁר קָרְךָ בַּדֶּרֶךְ וַיְזַנֵּב בְּךָ כָּל הַנֶּחֱשָׁלִים אַחֲרֶיךָ וְאַתָּה עָיֵף וְיָגֵעַ וְלֹא יָרֵא אֱלֹהִים:
how he happened upon you on the way: Heb. קָרְךָ, an expression denoting a chance occurrence (מִקְרֶה). - [Sifrei 25:167] Alternatively, an expression denoting seminal emission (קֶרִי) and defilement, because Amalek defiled the Jews by [committing] homosexual acts [with them]. — [Tanchuma 9] Yet another explanation: an expression denoting heat and cold (קוֹר). He cooled you off and made you [appear] tepid, after you were boiling hot, for the nations were afraid to fight with you, [just as people are afraid to touch something boiling hot]. But this one, [i.e., Amalek] came forward and started and showed the way to others. This can be compared to a bathtub of boiling water into which no living creature could descend. Along came an irresponsible man and jumped headlong into it! Although he scalded himself, he [succeeded to] make others think that it was cooler [than it really was]. — [Tanchuma 9] אשר קרך בדרך: לשון מקרה. דבר אחר לשון קרי וטומאה, שהיה מטמאן במשכב זכור. דבר אחר לשון קור וחום, צננך והפשירך מרתיחתך, שהיו כל האומות יראים להלחם בכם ובא זה והתחיל והראה מקום לאחרים. משל לאמבטי רותחת שאין כל בריה יכולה לירד בתוכה, בא בן בליעל אחד קפץ וירד לתוכה. אף על פי שנכוה, הקרה אותה בפני אחרים:
and cut off: [The word וַיְזַנֵּב is derived from the word זָנָב, meaning “tail.” Thus, the verse means: Amalek] “cut off the tail.” This refers to the fact that Amalek cut off the members [of the male Jews,] where they had been circumcised, and cast them up [provocatively] towards Heaven [exclaiming to God: “You see! What good has Your commandment of circumcision done for them?”]- [Tanchuma 9] ויזנב בך: מכת זנב, חותך מילות וזורק כלפי מעלה:
all the stragglers at your rear: Those who lacked strength on account of their transgression. [And because these Jews had sinned,] the cloud [of glory] had expelled them [thereby leaving them vulnerable to Amalek’s further attack]. - [Tanchuma 10] כל הנחשלים אחריך: חסרי כח מחמת חטאם, שהיה הענן פולטן:
you were faint and weary: faint from thirst, as it is written, “The people thirsted there for water” (Exod. 17:3), and [immediately] afterwards it says,“Amalek came [and fought with Israel]” (verse 17:8). - [Tanchuma 10] ואתה עיף ויגע: עיף בצמא, דכתיב (שמות יז ג) ויצמא שם העם למים, וכתיב אחריו ויבא עמלק:
and weary: from the journey. - [Tanchuma 10] ויגע: בדרך:
He did not fear [God]: i.e., Amalek did not fear God [so as to refrain] from doing you harm. — [Sifrei 25:167] ולא ירא: עמלק, אלהים, מלהרע לך:
19[Therefore,] it will be, when the Lord your God grants you respite from all your enemies around [you] in the land which the Lord, your God, gives to you as an inheritance to possess, that you shall obliterate the remembrance of Amalek from beneath the heavens. You shall not forget! יטוְהָיָה בְּהָנִיחַ יְהֹוָה אֱלֹהֶיךָ | לְךָ מִכָּל אֹיְבֶיךָ מִסָּבִיב בָּאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה לְרִשְׁתָּהּ תִּמְחֶה אֶת זֵכֶר * (זֶכֶר) עֲמָלֵק מִתַּחַת הַשָּׁמָיִם לֹא תִּשְׁכָּח:
you shall obliterate the remembrance of Amalek: Both man and woman, infant and suckling, ox and sheep [camel and donkey] (God’s command to King Saul: see I Sam. 15:3), so that the name of Amalek should never again be mentioned (נִזְכָּר), from the word (זֵכֶר) , even regarding an animal, to say:“This animal was from Amalek.” - [Midrash Lekach Tov] תמחה את זכר עמלק: מאיש ועד אשה מעולל ועד יונק משור ועד שה (שמואל א' טו ג). שלא יהא שם עמלק נזכר אפילו על הבהמה, לומר בהמה זו משל עמלק היתה:
Daily Tehillim: Psalms Chapters 72 - 76
• 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 72
David composed this psalm for Solomon, praying that he be granted the wisdom to provide justice for the poor.
1. For Solomon. O God, impart Your justice to the king, and Your righteousness to the son of the king.
2. May he judge Your people with righteousness, Your poor with justice.
3. May the mountains bear peace to the nation, also the hills, in [reward for their] righteousness.
4. May he judge the nation's poor, save the children of the destitute, and crush the oppressor,
5. so that they will fear You as long as the sun [shines] and the moon endures, generation after generation.
6. May [his words] descend like rain upon cut grass, like raindrops that water the earth.
7. In his days may the righteous flourish, with much peace until the moon is no more.
8. And may he rule from sea to sea, and from the river until the ends of the earth.
9. May nobles kneel before him, and may his enemies lick the dust.
10. The kings of Tarshish and the islands will return tribute, the kings of Sheba and Seba will offer gifts.
11. All kings will bow to him, all nations will serve him;
12. for he rescues the needy one who cries out, the poor one who has no one to help him.
13. He pities the impoverished and needy, and saves the souls of the destitute.
14. He redeems their soul from deception and violence, and their blood is precious in his eyes.
15. He revives [the poor], and gives him of the gold of Sheba; and so [the poor] pray for him always, and bless him all day.
16. May there be abundant grain in the land, upon the mountaintops; may its fruit rustle like the [cedars of] Lebanon, and may [people] blossom from the city like the grass of the earth.
17. May his name endure forever; may his name be magnified as long as the sun [shines]. And all nations will bless themselves by him, they will praise him.
18. Blessed is the Lord God, the God of Israel, Who alone performs wonders.
19. Blessed is His glorious Name forever, and may the whole earth be filled with His glory, Amen and Amen.
20. The prayers of David, son of Jesse, are concluded
1
Chapter 73
This psalm addresses the question of why the righteous suffer while the wicked prosper, and prays for an end to our long exile. Read, and you will find repose for your soul.
1. A psalm by Asaph. Truly God is good to Israel, to the pure of heart.
2. But as for me, my feet nearly strayed; in an instant my steps would have been swept aside.
3. For I envied the revelers when I saw the tranquility of the wicked.
4. For there are no bonds1 to their death, and their health is sound.
5. They have no part in the toil of men, nor are they afflicted like other mortals;
6. therefore they wear pride as a necklace; their bodies are enwrapped in violence.
7. Their eyes bulge from fat; they surpassed the fantasies of their heart.
8. They consume [others], and talk wickedly of oppression-from on high do they speak.
9. They set their mouths against Heaven, while their tongues walk upon the earth.
10. Therefore His people return here,2 and suck the full [cup of bitter] waters.
11. And they say, "How can it be that God knows? Is there knowledge in the Most High?”
12. Behold these are the wicked, and they are ever tranquil, they have gained much wealth.
13. Surely in vain have I purified my heart, and washed my hands in cleanliness;
14. for I was afflicted all day, and my rebuke came each morning.
15. Were I to say, "I shall tell it like it is," behold I would turn the generation of Your children to rebels.
16. And when I pondered to understand this, it was unjust in my eyes;
17. until I came to the sanctuaries of God, and perceived their end.
18. Only on slippery places do You set them, You cast them into darkness.
19. How they have become desolate in an instant! They came to an end, they were consumed by terrors,
20. like a dream upon awakening. O my Lord, disgrace their image in the city.
21. When my heart was in ferment, and my mind was sharpened,
22. I was a boor and did not understand, like an animal was I with You.
23. Yet I was always with You; You held my right hand.
24. Guide me with Your counsel, and afterward, receive me with honor.
25. Whom do I have in heaven [besides You]? And when I am with You I desire nothing on earth.
26. My flesh and my heart yearn; God is the rock of my heart and my portion forever.
27. For behold, all those who are far from You perish, You cut down all who stray from You.
28. But as for me, the nearness of God is my good; I have put my trust in my Lord, God, that I may recount all Your works.
Chapter 74
The psalmist mourns and weeps over all the synagogues and study halls that have been burned: the Philistines destroyed the Tabernacle of Shiloh; Nebuchadnezzar destroyed the first Temple. We have been in exile for so long, without seeing any signs of redemption! When will the redemption come? Read, and you will find lamentation and consolation.
1. A maskil1 by Asaph. Why, O God, have You abandoned us forever, does Your wrath fume against the sheep of Your pasture?
2. Remember Your congregation which You acquired long ago, the tribe of Your inheritance whom You redeemed [and brought to] Mount Zion, where You rested Your Presence.
3. Lift Your steps to inflict eternal ruin, because of all the evil done by the enemy in the Sanctuary.
4. Your foes roared in the midst of Your meeting place; they considered their omens to be [genuine] signs.
5. The axes in the thicket of trees2 were reckoned as bringing [an offering] to the Above.
6. And now, all her ornaments together are smashed by hammer and hatchet.
7. They set Your Sanctuary on fire; they desecrated the Abode of Your Name to the ground.
8. Their rulers thought together in their hearts; they burned all the meeting places of God in the land.
9. We have not seen our signs; there is no longer a prophet, and there is none among us who knows how long.
10. How long, O God, will the adversary disgrace, will the enemy blaspheme Your Name forever!
11. Why do You withdraw Your hand, even Your right hand? Cast it out from within Your bosom!
12. For God is my King from long ago, working salvations in the midst of the earth.
13. In Your might, You divided the sea; You shattered the heads of the sea-monsters on the waters.
14. You crushed the heads of the Leviathan,3 leaving him as food for the nation [wandering in] the wilderness.
15. You split [the rock, bringing forth] fountain and brook; You dried up mighty streams.
16. Yours is the day, the night is also Yours; You established the moon and the sun.
17. You set all the boundaries of the earth; summer and winter-You created them.
18. Remember this, how the enemy reviled the Lord, and the vile nation blasphemed Your Name.
19. Do not give the soul of Your turtledove to the wild beast; do not forget the life of Your poor forever.
20. Look to the covenant, for the dark places of the earth are filled with dens of violence.
21. Do not turn back the oppressed in disgrace; [then] the poor and needy will praise Your Name.
22. Arise, O God, champion Your cause; remember Your insults from the perverse all day long.
23. Forget not the voice of Your adversaries; the tumult of Your opponents ascends always.
Chapter 75
How great is Israel! During their holidays they do not engage in frivolity, but in song and praise, and the study of the holiday's laws. Also, when they proclaimed (at the giving of the Torah), "We will do and we will hear!" they allowed the world to remain in existence. This psalm also admonishes those who indulge in worldly pleasures and attribute their prosperity to their own efforts.
1. For the Conductor, a plea not to be destroyed. A psalm by Asaph, a song.
2. We gave thanks to You, O God, we gave thanks; and Your Name was near [when] they1 told of Your wonders.
3. When I choose the appointed time, I will judge with fairness.
4. When the earth and all its inhabitants were melting, I established its pillars forever.
5. I said to the perverse, "Do not pervert [Israel]," and to the wicked, "Do not raise your pride.”
6. Do not raise your pride heavenward, nor speak with an arrogant neck
7. For not from the east or the west, nor from the desert does greatness come.
8. For God is Judge; He humbles one, and elevates the other.
9. For there is a cup [of punishment] in the hand of the Lord, with strong wine of full mixture; He pours from this, and all the wicked of the earth will drink, draining even its dregs.
10. But as for me, I will tell of it forever; I will sing to the God of Jacob.
11. I will cut off all glory of the wicked, but the glory of the righteous will be raised up.
Chapter 76
This psalm contains the prophecy of when the vast army of Sennacherib was seized with a deep slumber that rendered the hands of the soldiers powerless to raise their weapons; thus did they all fall in battle.
1. For the Conductor, with instrumental music, a psalm by Asaph, a song.
2. God is known in Judah, His Name is great in Israel.
3. His Tabernacle was in Shalem,1 and His dwelling place in Zion.
4. There He broke the flying arrows of the bow, the shield, the sword and battle-forever.
5. You are illumination, mightier than the mountains of prey.
6. The stout-hearted were without sense, they slept their sleep, and all the warriors were unable to find their strength.
7. At Your rebuke, O God of Jacob, chariot and horse were stunned.
8. You, awesome are You! Who can stand before You once You are enraged.
9. From heaven You let the verdict be heard; the earth feared and was still,
10. when God rose to pass judgement, to save all the humble of the earth forever.
11. The anger of man will cause us to thank You;2 You will restrain the residue of wrath.
12. Make vows to the Lord your God and fulfill them; all who surround Him will bring tribute to the Awesome One.
13. He cuts down the spirit of nobles; He is awesome to the kings of the earth.
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 40, 41 and 42.
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.
Tanya: Iggeret HaKodesh, end of Epistle 13• Lessons in Tanya
• Shabbat, Elul 14, 5775 · August 29, 2015
Today's Tanya Lesson
Iggeret HaKodesh, end of Epistle 13
וזהו שאמר דוד המלך, עליו השלום, מה רב טובך וגו׳
And this is the meaning of what was said by King David, peace be to him, who was1 of the attribute of Gevurah,“How abundant is Your goodness [which You have hidden away for those who fear You].”
כלומר, שמדת הטוב והחסד, אשר היא בבחינת העלם והסתר אצל כל מי ששורש נשמתו מבחינת שמאל
That is to say that the attribute of goodness and Chesed, which is in a state of concealment and hiding within those whose soul-root derives from the “left”, i.e., from Gevurah,
הנקראים בשם יראיך
and who are referred to as “those who fear You,”
כמדת בית שמאי
resembling the [above-mentioned] trait of Beit Shammai, —
הנה, אף שהוא טוב הגנוז וצפון
though this is a concealed and hidden goodness, beneath a dominant surface of Gevurah,
אף על פי כן הוא רב וגדול מאד, כמו מדת הגדולה והחסד ממש, שמבחינת ימין
it is nevertheless truly as abundant and immense as the attribute of Gedulah2 and Chesed, which is of the “right”.
Although the element of Chesed within those described as “those that fear You” is concealed, for their soul-root derives essentially from Gevurah, it is latent within them just as abundantly as it is found within those who are essentially of the “right”.
ושתיהן הן מבחינת גילוי בלי גבול ומדה ושיעור
Moreover, both [degrees of Chesed] — that which is dominant in the souls deriving from the “right” as well as that incorporated in the souls deriving from the “left” — are manifest without limit, measure or dimension.
וזהו שכתוב: מה רב טובך
And this is the meaning of the phrase, “How abundant is Your goodness”;
כלומר, בלי גבול ומדה
i.e., [it applies in both cases] without limit and measure;
בין הטוב אשר צפנת ליראיך, ובין אשר פעלת לחוסים בך
whether it be the goodness “which You have hidden away for those who fear You,” or that which “You have wrought for those who trust in You,”
שהם בעלי הבטחון שמבחינת ימין
referring to the trusting ones who derive from the “right”,
A person trusts his beloved friend to act in his best interests. In the same way, those whose souls stem from the “right” and who serve G‑d with Chesed and love, place their trust in Him.
וחסדם וטובם הוא גם כן בבחינת גילוי והתפשטות נגד בני אדם
and whose kindness and goodness are also in a state of manifestation and expansiveness before [the sight of] man,
ולא בבחינת צמצום והסתר כלל
and by no means in a state of contraction and concealment.
We can now understand why the verse begins by saying “hidden away for those who fear You” and concludes with the manifest state of “before man”: The verse is alluding to two forms of Chesed — in its concealed state, as possessed by “those who fear You,” and in its revealed state, as possessed by “those who trust in You.”
ומה שכתוב: ליראיך, ולא ביראיך
(3The reason the verse says “for those who fear You,” which would seem to imply that the Chesed from above is granted to them as a reward, rather than “in those who fear You,”
היינו משום שכל מה שהוא בבחינת העלם בכל נשמה
is that whatever is in a state of concealment within any soul
הנה בחינה זו אינה מלובשת תוך הגוף, במוחו ולבו
is not vested within the body — in the individual’s mind and heart, for they are incapable of receiving it.
אלא היא בבחינת מקיף מלמעלה
Rather, it encompasses [the individual] from above, so to speak,
ומשם היא מאירה למוחו ולבו, לעתים הצריכים להתעוררות בחינה זו
and thence it radiates to his mind and heart at those times which require an arousal of the attribute in question,
שתתעורר ותאיר למוחו ולבו, כדי לבא לידי מעשה בפועל ממש
so that it will be aroused and will illumine his mind and heart in order to result in actual deeds.)
For example, a person whose charitable contributions are customarily limited will have revealed to him the concealed and infinite attribute of Chesed, which will prompt him to give tzedakah unstintingly.
ואמר על כן: אשר רב טוב לבית ישראל, הצפון והגלוי, הוא בבחינת בלי גבול ומדה לפי ערך נפשותם המלובשת בגוף
[King David] therefore said that whereas the “abundance of goodness” of the House of Israel, [both] that which is hidden and that which is manifest, is (so to speak) without limit and measure (relative to the category of their soul vested in the body),
The kindness of a finite creature is by definition limited. However, it may be termed infinite in relation to the soul vested in the body.
לכן גם אתה ה׳ תתנהג עמהם במדת חסדך הגדול, בלי גבול ותכלית, הנקרא רב חסד
therefore “You, too, O G‑d, relate to them with the attribute of Your unlimited and infinitely greatChesed, which is of the level known as Gedulah, and which is called rav Chesed” — the Chesed of Arich Anpin that utterly transcends the lesser Chesed of Z’eir Anpin, from which the worlds evolve by means of the Seder Hishtalshelut.
דאית חסד ואית חסד
“For there is Chesed and [then] there is [a far higher form of] Chesed”:4
אית חסד עולם
There is Chesed olam (lit., “Chesed of the world”) — i.e., a worldlike (and hence finite) Chesed,
שיש כנגדו ולעומתו מדת הדין, חס ושלום
that has an opposite counterpart — the attribute of din, of severe justice, heaven forfend,
למעט ולצמצם חסדו וטובו
which would diminish and contract [G‑d’s] goodness.
אבל חסד עליון, הנקרא רב חסד
The superior form of Chesed, however, which is called rav Chesed,
אין כנגדו מדת הדין, למעט ולצמצם רוב חסדו, מלהתפשט בלי גבול ותכלית
does not have the attribute of din opposed to it, to diminish and contract the abundance of [G‑d’s] benevolence from extending without limit or end.
כי הוא נמשך מבחינת סובב כל עלמין, וטמירא דכל טמירין
For it derives from the level of [Divinity called] Sovev Kol Almin, which transcends (lit., “encompasses”) all worlds and limitations, and from [the level of Divinity called] Temira DeChol Temirin (lit., “that which is hidden [even] from all the hidden [worlds]),”
הנקרא כתר עליון
which is called Keter Elyon (lit., “the Supernal Crown”), i.e., the utterly transcendent level of Divinity known as Keter.
וזהו שכתוב: תסתירם בסתר פניך וגו׳, תצפנם בסוכה וגו׳
This, then, is the meaning of the verse which follows our opening quotation, and which continues to speak of “those who fear You” and “those who trust in You”: “Hide them in the concealment of Your innermost dimension...”(for, as explained above, פנים denotes both “countenance” and “inwardness”); “conceal them in a sukkah...” (i.e., in the sublime level of Chesed which, deriving from the above-mentioned level of Keter, transcends the Seder Hishtalshelut, and will encompass them like a sukkah).
Supplement by the Rebbe
The thrust of the above letter, which was delivered by an emissary who was to collect contributions for charity, is that even those who serve G‑d by means of their soul-root in the “left”, — even if, like Beit Shammai, they are totally righteous individuals (who need not give tzedakah [for the sake of atonement]; cf. “for we are not complete,” as explained above inIggeret HaKodesh, Epistle 10), — nevertheless, they too possess “an abundant and immense” degree of Chesed. “At those times which require it,” moreover, “it results in actual deeds.”’
This is explicit in the concluding passage of the letter which was not printed “by the rabbis, long may they live, sons of the illustrious author of blessed memory, whose soul is in Eden,” and which reads as follows:5
ואחר הדברים האלה, נפשי בשאלתי
And after the above words, from the depths of my soul I seek
לעורר רב טוב הגנוז והצפון בלב כל אנשי שלומנו
to arouse the [infinite] abundance of benevolence that is concealed in the heart of every individual in the chassidic brotherhood,6
מן ההעלם אל הגילוי, לבא לידי מעשה
[so that it be manifested] from concealment to revelation and be translated into action,
למלאות ידם לה׳, ביד מלאה ורחבה
and so that you will all “fill your hands unto G‑d” by giving charity with a full and open hand
על ידי ציר נאמן, מוסר כתב זה כו׳, ודי למבין כמו שכתוב באגרת
through the trusted bearer of this message — and what is written [above] in the letter should suffice for the discerning.
ואין אני כותבו מחמת שלא נצרך, ודי למבין
I am not spelling it out, for this is not necessary; the above will suffice.
הכל דברי אוהב נפשם, דורש שלומם מלב ונפש חפיצה
These are the words of one who loves you with all his soul, and who seeks your welfare with heartfelt and soulful longing.
At this point the Alter Rebbe signs:
שניאור זלמן בן לאדוני אבי מורנו ורבנו הרב ר׳ ברוך
Shneur Zalman, the son of my master, my father, our mentor and Rebbe, Rabbi Baruch
The Rebbe adds: “The above passage [which makes it clear that the foregoing teachings were intended to find practical expression in the giving of tzedakah] enables us to understand the relevance here of the first part of this letter, which otherwise should seemingly have begun with והנה כל איש ישראל — ‘Now every Jew needs to comprise....”’
| FOOTNOTES | |
| 1. | Zohar III, 204a. |
| 2. | This term denotes the Divine attribute of Chesed; see Shaar HaYichud VehaEmunah, ch. 4. |
| 3. | Parentheses are in the original text. |
| 4. | Note of the Rebbe: “Zohar III, 133b.” |
| 5. | See Igrot Kodesh (Letters) of the Alter Rebbe (Kehot, N.Y., 5740), p. 47ff. |
| 6. | In the Hebrew original, this phrase is abbreviated as אנ״ש. |
• Sefer Hamitzvos:
Today's Mitzvah
Shabbat, Elul 14, 5775 · August 29, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 236
Personal Injury
"If men quarrel, and one strikes the other..."—Exodus 21:18.
The courts are commanded to adjudicate cases that involve personal injury cause by one person to another. [Monetary penalties are assessed to compensate for devaluation of the injured individual, pain sustained, medical bills, unemployment due to the injury, and shame incurred.]
Only an ordained court in the Land of Israel can adjudicate such cases [with the exception of medical bills and unemployment, that can be adjudicated by all rabbinical courts no matter the location].
Personal Injury
Personal Injury
Positive Commandment 236
Translated by Berel Bell
The 236th mitzvah is that we are commanded regarding someone who wounds another person.
The source of this commandment is G‑d's statement1 (exalted be He), "[This is the law] when two men fight, and one hits the other..." These laws are called dinei k'nasos ["the laws of fines"].
There is one general verse which includes all these laws, namely G‑d's statement2 (exalted be He), "[If one maims his neighbor,] whatever he did must be done to him in return." The Oral Tradition explains that [it does not mean that he is literally to be harmed in return, but that] he must pay the monetary equivalent of the damage he has caused to the other person. Even if he merely shamed him, he must pay appropriate damages.
You should be aware that all these laws involve damage that one person causes to another. They may be judged and determined only by a High Court which was ordained in Israel. The same applies for cases when an animal damages a person or another animal.
The details of this mitzvah are explained in the 8th chapter of tractate Bava Kama.
FOOTNOTES
1.Ex. 21:18.
2.Lev. 24:19
Negative Commandment 289
Murder
"You shall not murder"—Exodus 20:13.
It is forbidden to murder a fellow human.
Murder
Negative Commandment 289
Translated by Berel Bell
The 289th prohibition is that we are forbidden from killing each other.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not commit murder."
The punishment for violating this prohibition is execution by decapitation. [The death penalty is derived] from G‑d's statement2 (exalted be He), "You must even take him from My altar to put him to death."
The details of this mitzvah are explained in the 9th chapter of tractate Sanhedrin3 and the 2nd chapter of Makkos.
FOOTNOTES
1.Ex. 20:13; Deut. 5:17.
2.Ex. 21:14.
3.Mishneh 2
Negative Commandment 296
Accepting a Ransom from an Inadvertent Murderer
"You shall take no ransom from one who must flee to his city of refuge"—Numbers 35:32.
It is forbidden to take a monetary payment from a person guilty of manslaughter to exempt him from exile in a city of refuge.
Accepting a Ransom from an Inadvertent Murderer
Negative Commandment 296
Translated by Berel Bell
The 296th prohibition is that we are forbidden from taking ransom money to spare from exile one who has committed murder unintentionally. Rather, he must be exiled.
The source of this prohibition is G‑d's statement1 (exalted be He), "If one has fled to a refuge city, do not take ransom [to allow him to return and live in the land...]"
The details of this mitzvah are explained in tractate Makkos.
FOOTNOTES
1.Num. 35:32.
Sotah - Chapter Three
Halacha 1
What is the process through which a sotah is compelled to drink the bitter water? First the husband comes to the court in his city and tells them: "I warned my wife [not to enter into privacy] with so and so, and she entered into privacy with him. These are the witnesses who will confirm my statements. She claims not to have committed adultery. I desire to have her drink the bitter water to verify this matter."
The court then listens to the testimony of the witnesses. [If it is substantial,] they provide [the husband] with two sages1 to watch over him, lest he engage in relations with her before she drinks the bitter water, for she is prohibited to him until that time,2 and he is sent to Jerusalem. For a sotah is compelled to drink [the bitter water] only by the Supreme Court of 70 elders,3 who [hold session] in the Temple.4
Halacha 2
When they arrive in Jerusalem, the High Court has her sit in its presence while her husband is not present,5 and they alarm her, frighten her and bring upon her great dread so that she will not [desire to] drink [the bitter water.6
They tell her: "My daughter, [we know] that wine has a powerful influence, frivolity has a powerful influence, immaturity has a powerful influence, bad neighbors have a powerful influence.7 Do not cause [God's] great name, which is written in holiness, to be blotted out in the water."
And they tell her: "There are many who preceded you and were swept away [from the world].8 Men of greater and more honorable stature have been overcome by their natural inclination and have faltered." [To emphasize this,] they tell her the story of Judah and Tamar, his daughter-in-law,9 the simple meaning of the episode concerning Reuben and [Bilhah], his father's concubine,10 and the story of Amnon and his sister,11 to make it easier for her to admit [her guilt].12
If she says: "I committed adultery," or "I will not drink [the water],"13 she is to be divorced without receiving [the money due her by virtue of] her ketubah, and the matter is dismissed.
Halacha 3
If she persists in he claim of innocence, she is brought to the eastern gate of the Temple Courtyard, which faces the Holy of Holies.14 She should be taken from place to place [in the Temple Courtyard] and made to walk around it so that she will become tired and her spirits will sap [with the intent that perhaps] she will admit [her guilt].
Halacha 4
If she persists in her claim, she is brought outside the eastern gate and made to stand there. If she usually dresses in white, she should dress in black. If black garments make her look attractive, she should dress in clothes that do not make her attractive. All silver and gold jewelry should be removed from her.
Halacha 5
Many women are gathered [to see] her, for all the women present [on the Temple Mount] are obligated to observe her, [as implied by Ezekiel 23:48]: "So that all women will be taught not to follow their lewdness." Any man who wants to observe her may do so.15
She stands among [the women] without a cloak or a veil, wearing only her clothes and a cap, as a woman dresses within her home.16
Halacha 6
Neither her servants nor her maidservants are allowed to be there, because [when] she recognizes them, her spirits will be fortified.17
Halacha 7
Afterwards, the priest administers an oath to her in a language that she understands.18 He tells her in her language that [she is being subjected to this test] because of the warning that her husband gave her, [which she violated by] entering into privacy [with the man in question].
He repeats for her in a language that she understands [the Biblical passage,Numbers 5:19-23]: "If a man has not lain with you, and you have not committed adultery, so as to be defiled to your husband, you shall be unharmed by this curse-bearing bitter water. But if you have committed adultery and you have become defiled, because a man other than your husband has lain with you... God will make you into a curse and into an oath among your people, causing your thigh to rupture and your belly to swell. This curse-bearing water will enter your body, causing your belly to swell and your thigh to rupture." [This serves as an oath]. She responds: "Amen, Amen,"19 in a language she understands.
He tells her that her belly will be affected first and afterwards, her thigh so as not to tarnish the reputation of the water.20
Halacha 8
Halacha 9
Halacha 10
[In the Sanctuary,] there was a place, one cubit by one cubit, at the right as one entered, [covered by] a marble tile with a ring affixed to it.30 [The priest] would lift the tile and take "from the dust... on the earth of the Tabernacle" [Numbers 5:17] and place it in the water, so that it could be seen [floating] on the water.
Into this mixture is also placed a bitter substance, wormwood or the like, as implied by [ibid.:18], which refers to "the bitter water."
He [then] dissolves [the writing of] the scroll in [the water], doing this for the sake of [the woman being tested]. He must dissolve [the writing] carefully, so that no trace of it remains on the scroll.
Halacha 11
Halacha 12
Halacha 13
Afterwards, the meal offering is taken from the basket and placed in a sacred vessel.41 Neither oil nor frankincense should be placed upon it.42 If [these substances] are placed upon it, [the priest] should be lashed for [placing] both the oil and the frankincense individually,43 as [implied by Numbers 5:15]: "He shall not pour oil on it, nor place frankincense on it."
Halacha 14
Throughout the time the priest uncovers the woman's hair and places theisaron [of meal] on her hand, the priest should hold the vessel containing the water in his hand and show it to the woman,44 as [implied by Numbers 5:18]: "The bitter, curse-bearing waters shall be in the hand of the priest."
Halacha 15
Afterwards, he gives her [the water] to drink. After she drinks, he takes the sacred vessel containing the meal offering and places it on her hand. The priest then places his hand below her [hand] and waves the offering45 in [the portion of the Temple courtyard to] the east [of the altar], as is done with all other meal offerings.46
He should bring it to [each of the four compass directions] and up and down.47Afterwards, he brings the meal offering to the horn at the southwestern corner of the altar, as is done with other meal offerings brought by private individuals.48
He should take a fistful of the meal and offer it on the fire. The remainder [of the meal] should be eaten by the priests.49
Halacha 16
If the woman is guiltless, she may depart; she is permitted to her husband. If she committed adultery, her face will immediately turn pale yellow, her eyes will bulge forth, and her veins will surface.
Everyone immediately shouts, "Take her out [of the Women's Courtyard]! Take her out!" so that she does not have a menstrual emission [there],50 for women who are in a menstrual state make the Women's Courtyard impure.51
They take her out of the Women's Courtyard, where she was standing. Her belly swells first and then her thigh ruptures and she dies.
Halacha 17
When she dies, the adulterer because of whom she was compelled to drink will also die, wherever he is located. The same phenomena, the swelling of the belly and the rupture of the thigh, will also occur to him.
All the above applies provided her husband never engaged in forbidden sexual relations in his life. If, however, her husband ever engaged in forbidden relations, the [bitter] waters do not check [the fidelity of] his wife.
Halacha 18
If [a husband] transgressed and compelled his wife to drink [the bitter water], although he previously entered into a forbidden relationship, he adds further transgression to his sin. For he causes God's name [which is not] pronounced to be blotted out on the waters for no reason and defames the reputation of the waters [used to test] a sotah. For his wife will tell others that she committed adultery and that the [bitter] waters did not harm her, without knowing that it was her husband's deeds that prevented the waters from checking her [fidelity].
Halacha 19
Therefore, when the number of people who openly committed adultery increased in the Second Temple era, the Sanhedrin52 nullified the use of the bitter water, relying on the verse in the [prophetic] tradition, [Hoshea 4:14]: "I will not punish your daughters when they commit harlotry."
Halacha 20
When a sotah has merit because of Torah study53 - although she herself is not obligated to study the Torah54 - her merit prolongs [her life] and she does not die immediately. Instead, she continues to be weakened,55 and suffers severe illness until she dies after a year, two years or three years, according to her merit. [When she dies,] she dies with a swollen belly and ruptured limbs.
Halacha 21
When a sotah drinks the bitter water and does not die immediately, she is permitted to her husband, even if he is a priest.56 Even if illness begins to set in and her limbs become afflicted, as long as her belly does not swell or her thigh rupture, she is permitted.57
When, however, her belly begins to expand and her thigh begins to rupture, she is forbidden.58
Halacha 22
When a sotah who was innocent drinks [the bitter water], she becomes stronger and her face glows. If she was afflicted by sickness [that prevented her from conceiving],59 it will disappear; she will conceive and give birth to a male. If she previously had difficulty giving birth, she will give birth speedily. If she would give birth to girls, she will give birth to males.
Halacha 23
If witnesses who say that she committed adultery come after she drinks the bitter water, she should be divorced without receiving [the money due her by virtue of] her ketubah, and she is forbidden to her husband.
This applies even when none [of the negative consequences] mentioned above occur to her. For the [bitter] waters will check only [the fidelity of a woman] concerning whom there are no witnesses who will testify to her sexual misconduct.60 Moreover, it is possible that her husband is not guiltless, and it is because of him that the waters did not check his wife.61
If, however, one witness comes and testifies that a woman committed adultery, she is not forbidden [to] her husband and can remain married to him. For she drank [the bitter water].62
Halacha 24
When a woman was compelled to engage in adulterous relationships or did so unintentionally,63 or lay naked in the embrace of the man regarding whom she was warned, but did not engage in vaginal relations,64 [her fidelity] will not be checked by the [bitter] waters, as [implied by the following verses]. [Numbers 5:13 states:] "And she was not taken against her will," thus excluding a woman who was raped. [Ibid.:27 states:] "And she was unfaithful to her husband," excluding a woman who acted unintentionally." And [ibid.:13 states]: "And a man laid with her, [imparting] his seed," excluding an embrace without intercourse.
| FOOTNOTES | |
| 1. |
For they know that she is forbidden to him and will warn him against engaging in relations with her (Rambam's Commentary on the Mishnah, Sotah 1:3).
|
| 2. |
And if he engages in relations with her, the bitter water will not test her fidelity, as reflected by Chapter 2, Halachah 5.
|
| 3. |
This refers to the Sanhedrin, the highest Jewish court. The obligation for a case involving a sotahto be tried before this body is derived from an association between this case and a rebellious elder (Sotah 7b).
|
| 4. |
More precisely, the Sanhedrin would hold session in the Chamber of Hewn Stone, which was located half within the Temple Courtyard and half outside the Temple Courtyard.
Note the responsum of the Chida, Chayim Sha'al, (Volume II, section 4), which states that the High Court can try a sotah even when it does not hold session in the Temple Courtyard. Rather, according to his interpretation, the words "in the Temple" refer to the process of testing a sotah. Every aspect of the test is carried out in the Temple.
|
| 5. |
Some commentaries explain that if her husband is present, she will be motivated to uphold her previous statements and will not admit her guilt. Others explain that if her husband is present, she might be embarrassed to admit that she committed adultery.
|
| 6. |
And thus cause God's name to be blotted out.
|
| 7. |
I.e., a candid admission of guilt is nothing to be ashamed of, because we understand the extenuating circumstances.
|
| 8. |
I.e., you are not the first woman to have committed adultery. Many women have done so and they have been swept away from the world in punishment via the medium of the bitter water. Why follow in the same pattern? Admit your guilt.
|
| 9. |
Genesis, Chapter 38. The Bible relates how Tamar dressed up like a prostitute and seduced Judah. The story is significant not only because it shows how a person can be lured into sexual misconduct, but it also relates how Judah was not embarrassed to admit his guilt publicly.
|
| 10. |
Genesis 35:22 states that Reuben had relations with Bilhah, his father's concubine. According toShabbat 55b, the verse is not meant to be interpreted literally, for actually he did not commit a sin of this nature. Nevertheless, to encourage the woman to admit her guilt, she is told the simple meaning of the narrative.
|
| 11. |
II Samuel, Chapter 13, describes how Amnon, King David's firstborn, raped his half-sister Tamar.
|
| 12. |
I.e., hearing the example of these distinguished individuals' conduct will motivate her to admit her own shortcomings.
|
| 13. |
Although she does not admit her guilt explicitly, this statement is equivalent to an admission of guilt.
|
| 14. |
This gate is referred to as the Gate of Nicanor.
|
| 15. |
The presence of the onlookers serves two purposes: It embarrasses the woman being tested, and it spurs the onlookers themselves to higher moral practice.
|
| 16. |
See Hilchot Ishut 13:11 and 24:12, which describe these garments.
|
| 17. |
Seeing familiar faces will encourage her to persist in her position, rather than admit her guilt.
|
| 18. |
Although the process that follows is a ritual, it is necessary that the woman understand the oath and her response to it, for the oath to be binding upon her. Therefore, there is no necessity for it to be administered in Biblical Hebrew; any language that the woman understands is sufficient.
|
| 19. |
As the above passage concludes. Repeating Amen after an oath is equivalent to taking that oath oneself (Hilchot Sh'vuot 2:1).
|
| 20. |
Since the passage mentions both orders, the priest mentions that the order of retribution will be from the belly to the thigh, lest people say that the waters did not bring about the curse in the manner in which the Torah said they would (Sotah 9b).
|
| 21. |
See Hilchot Tefillin 1:10. See Chapter 4, Halachah 8, which mentions several factors in which an equivalence is made between the scroll used for a sotah and a Torah scroll. As stated in that halachah, the equivalence is based on Numbers 5:23, which refers to the scroll used for a sotahas a sefer, the same term used for a Torah scroll.
The Jerusalem Talmud (Sotah 2:4) states that the parchment must be made from the hide of a kosher animal, lest the woman refuse to drink and the passage be required to be entombed. It would not be fitting for God's name to remain on parchment from a non-kosher animal.
|
| 22. |
Originally, the passage would be copied from a Torah scroll. In the Second Temple era, Queen Heleni had fashioned a golden tablet with the words of this passage written on it (Yoma 37a).
|
| 23. |
In his Commentary on the Mishnah, Gittin 2:3, the Rambam defines this term with an Arabic word explained by Rav Kapach as referring to a green powder that when mixed with gallnut juice produces a black substance. Ink made with this substance cannot be rubbed out. See Chapter 4, Halachah 9.
|
| 24. |
See Hilchot Gerushin, Chapter 3.
|
| 25. |
The Zohar, Volume III, page 124b, interprets this as meaning that chronologically the first letter of God's name must be written first; the second, second; etc. Perhaps this is the Rambam's intent as well.
Alternatively, it is possible to explain that God's name is written with the letters י-ה-ו-ה, and not in another form.
|
| 26. |
Sotah 9a states: She prepared wine for the adulterer in attractive goblets. As a consequence, the priest shall make her drink bitter water from a clay cup.
|
| 27. |
Sotah 15b establishes an equivalence between the vessel that contains the water used for asotah and the vessel that contains the water used to purify a person afflicted with tzara'at, a Biblical ailment somewhat like leprosy. And that vessel cannot have been used for any task previously (Hilchot Tum'at Tzara'at 11:1).
|
| 28. |
172.8 cubic centimeters according to Shiurei Torah, 298.5 cubic centimeters according to Chazon Ish.
|
| 29. |
Numbers 5:17 states that "holy water must be taken." The Sifre interprets this as referring to "water that has been consecrated in a utensil, the water of the basin."
|
| 30. |
The ring enables the tile to be lifted easily.
|
| 31. |
Note the Kessef Mishneh, who questions the Rambam's source for the fact that the writing of the scroll would be dissolved before the woman's clothes were torn open.
|
| 32. |
The Tosefta (Sotah 1:5) states that the priest would be chosen by a lottery. Chasdei Davidexplains that a priest would be selected in this manner so that no one would think that one desired the task in order to view the woman's nakedness.
|
| 33. |
This is cited by the Rabbis as proof that a Jewish woman's hair must always be covered. Otherwise, she is considered immodest. See Hilchot Ishut 24:11-12.
|
| 34. |
I.e., a rope made of palm bast.
|
| 35. |
As implied by Leviticus 18:3, the Egyptians were known for their immodest behavior. Thus, the imagery evoked by the rope also served to chastise the woman for her conduct (Jerusalem Talmud, Sotah 1:6).
|
| 36. |
An isaron is considered the size of 43.2 eggs. According to modern measure, the size of an egg is considered to be 57.6 cubic centimeters according to Shiurei Torah and 99.5 cubic centimeters according to the Chazon Ish.
|
| 37. |
Sotah 15b notes that, in contrast to wheat, which is used as food for humans, barley is employed primarily as animal fodder. Since the woman acted like an animal, betraying her fidelity to her husband, the sacrifice she brings consists of grains used for beasts.
|
| 38. |
I.e., a wicker basket made of palm leaves. The allusion to Egypt is intended to convey the same symbolism as above.
|
| 39. |
See Hilchot Shekalim 2:4, which explains that this term refers to money collected from the half-shekalim donated by the entire Jewish people, which remains after the purchase of communal sacrifices. As stated in Hilchot Shekalim 4:8, these funds were used for various communal purposes.
|
| 40. |
This is intended to motivate her to admit her guilt. Until the meal offering is sacrificed, she may admit her guilt and thus free herself of the obligation to drink the bitter water and suffer the severe penalty involved (Sotah 14a).
|
| 41. |
As befits a sacrificial offering.
|
| 42. |
Note the commentary of Rashi on Numbers 5:15, which explains the rationale for these prohibitions. Adding frankincense and oil adorns the sacrifices, making them more attractive. More specifically, there are allegorical connotations to the above. Oil is a metaphor for light, and this woman acted in darkness. Frankincense is used as an allusion to the Matriarchs, who were the epitome of modesty, and this woman departed from their ways.
|
| 43. |
I.e., each one is considered as a separate negative commandment. See Sefer HaMitzvot(negative commandment 104-105) and Sefer HaChinuch (mitzvot 366-367).
|
| 44. |
To frighten her and to encourage her to confess (Bemidbar Rabbah 9:33).
|
| 45. |
The meal offering had to be waved by both the woman bringing it and the priest. The Jerusalem Talmud (Sotah 3:1) states that "the evil inclination does not operate at that time," and hence there is no danger that the physical contact will stir the priest to sexual desire.
|
| 46. |
See Hilchot Ma'aseh HaKorbanot 9:6-7.
|
| 47. |
Sukkah 37b interprets this as acknowledgement of God's dominion over the entire universe.Menachot 62a explains that this is a measure to check undesirable winds.
|
| 48. |
See Hilchot Ma'aseh HaKorbanot 13:12, which describes the offering of meal offerings brought by private individuals.
|
| 49. |
See Hilchot Ma'aseh HaKorbanot 12:9, which describes the consumption of the meal offerings.
|
| 50. |
Sotah 20b states that the terror of death might provoke menstruation.
|
| 51. |
The Rambam's wording, based on that of the Mishnah (Sotah 3:3), requires some clarification. The intent appears to be, not that the Women's Courtyard becomes impure, but that the woman becomes impure, and in that state she is forbidden to be in the Women's Courtyard. See Hilchot Bi'at HaMikdash 3:3.
|
| 52. |
Sotah 47a states that this took place in the time of Rabban Yochanan ben Zakkai, shortly before the destruction of the Second Temple.
|
| 53. |
Sotah 21a says that this refers to the woman's efforts in assisting her husband and her sons in their studies.
|
| 54. |
See Hilchot Talmud Torah 1:1,13.
|
| 55. |
Our translation is based on the Rambam's Commentary on the Mishnah (Sotah 3:3). Others render the term as "she deteriorates."
|
| 56. |
Who is forbidden to engage in relations with a woman who took part in forbidden sexual relations.
|
| 57. |
The Mishneh LaMelech (in the gloss on Halachah 24) explains that in this halachah, the Rambam's intent is that one might think that the fact that she becomes afflicted by sickness indicates that she was raped - i.e., the bitter water had an effect, but because she did not willfully engage in the transgression, she did not die. To negate this hypothesis, the Rambam states that even a priest is allowed to continue married life with such a woman.
|
| 58. |
For this is a sign of adulterous relationships.
|
| 59. |
The bracketed additions are based on the commentary of the Meiri.
|
| 60. |
When there are witnesses, there is no need for the miraculous activity of the water. For ultimately the witnesses will testify in court and cause the woman to be forbidden to her husband (Rambam's Commentary on the Mishnah, Sotah 1:1).
|
| 61. |
See Halachah 17.
|
| 62. |
I.e., had the witness testified before she drank the bitter water, she would not have been allowed to drink them, as stated in Chapter 1, Halachah 14. Nevertheless, once she drank the waters, the testimony of one witness is not sufficient to cause her to be considered guilty.
|
| 63. |
See Hilchot Ishut 24:20.
|
| 64. |
See the Rambam's Commentary on the Mishnah (Yevamot 6:1) for a more specific definition of the Hebrew term derech evarim.
• 3 Chapters: Chovel uMazzik Chovel uMazzik - Chapter Seven, Chovel uMazzik Chovel uMazzik - Chapter Eight, Rotzeach uShmirat Nefesh Rotzeach uShmirat Nefesh - Chapter One
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Chovel uMazzik - Chapter Seven
Halacha 1
When a person causes damage to a colleague's property that is not evident to the eye, he is not liable to make financial restitution according to Scriptural Law. For the object has not changed, nor has its form become altered. Nevertheless, our Sages ruled that he is liable according to Rabbinic Law, for he reduced the value of the article. They required him to pay the amount by which its value was reduced.
Halacha 2
What is implied? If a person causes food belonging to a colleague to be rendered ritually impure, he mixes produce together with produce that isterumah causing it to be considered dimu'a, he mixes a drop of wine that had been used for the sake of idolatry in a colleague's wine, causing the entire quantity to be forbidden, or the like - the amount of the loss is evaluated, and the person who caused the loss is required to pay the entire damages from the finest property in his possession, as is the law regarding anyone who causes damages.
Halacha 3
This ruling was a penalty prescribed by our Sages so that none of the ravagers will go and render a colleague's produce impure and then excuse himself, saying: "I am not liable."
For this reason, if the person who caused damage that is not noticeable dies, the penalty is not expropriated from his estate. For our Sages enforced this penalty only upon the person who transgressed and caused the damage, but not on his heirs, who did not cause any damage.
Similarly, a person who inadvertently causes damage that is not noticeable, or as a result of forces beyond his control, is not liable, for our Sages imposed this penalty only upon a person who intentionally causes damage.
Halacha 4
When priests intentionally cause a sacrifice to be rendered piggul, they are obligated to make financial recompense to the person who brought the sacrifice. If they cause such an effect unintentionally, they are not liable.
Similarly, a person who intentionally performs work with a red heifer or with water designated for its ashes is obligated to make financial recompense to its owner. If he does so unintentionally, he is not liable.
Halacha 5
A person who brings a red heifer to the place where a team of cows are threshing, so that it will nurse and thresh, and a person who is carrying water designated for the ashes of the red heifer who diverts his attention from the water is not held liable by an earthly court. He does, however, have a moral and spiritual obligation to make financial recompense.
Halacha 6
When a person pours wine belonging to a colleague as a libation to idol worship, he does not cause the wine to become forbidden. For a Jewish person does not cause property that does not belong to him to become forbidden.
In any of the following situations, the person does cause the wine to be forbidden, and he is therefore liable to make financial recompense:
a) he is a partner with the owner;
b) he is an apostate, who is considered like a gentile;
c) he is given a warning, acknowledges it, and yet disobeys, in which case he is considered an apostate.
How is it possible for such a person to be liable for financial recompense when this act causes him to be liable for capital punishment? Because he becomes obligated to pay for the wine at the time that he lifts it up, while he does not become liable for capital punishment until he actually pours it as a libation.
Halacha 7
Whenever a person causes property belonging to a colleague to be damaged - even though he himself is not the one who ultimately causes the damage - since he is the primary cause, he is liable to make financial recompense from the finest property in his possession, like others who cause damage.
What is implied? A person throws a utensil that he owns from a roof onto pillows and blankets, and another person comes and removes the pillows from the ground, causing the utensil to hit the ground and break. The person who removes the pillows is liable to pay the entire sum of the damages, as if he broke the utensil with his own hands. For it was the removal of the pillows and the coverings that caused the utensil to break. The same applies in all analogous situations.
Halacha 8
When by contrast a person throws a utensil belonging to a colleague from a roof onto pillows and blankets that belong to the owner of the utensil, and the owner comes and removes the pillows from the ground, the person who threw the utensil is liable to pay for the damages to it. His throwing the utensil is the primary cause for its breaking.
In the above instance, if a person other than the owner of the utensil removes the pillows, both the person who threw the utensil and the one who removed the pillows are liable. For together they both caused the owner's property to be damaged.
Halacha 9
Similarly, a person who burns promissory notes belonging to a colleague is liable to pay the entire debt that was mentioned in the promissory notes. Although the promissory notes themselves are not of financial worth, by burning them one causes his colleague a direct financial loss.
When does this apply? Only when the person who burned the note admits that it had been validated in court, that it was for such and such an amount of money and that because it was burned the owner cannot collect the debt. If the person who burned the note does not believe the owner with regard to any of these points,he is required to pay only the value of the paper.
Halacha 10
Similarly a person is liable for causing a colleague financial loss in the following situation. Reuven was owed money by Shimon and sold the promissory note recording the debt to Levi. After he sold the note, he waived Shimon's obligation, freeing Shimon of responsibility, as will be explained in its place.
Reuven becomes liable to pay Levi the entire amount mentioned in the promissory note, for he caused him to lose the money that he could have collected with the note. It is as if he destroyed it by fire. Similarly, if one of Reuven's heirs waived the debt, the person who waived the debt must make financial recompense for Levi's loss from the finest property in his possession.
Halacha 11
Similarly, if a person designates a servant as an apotiki for a loan and then frees the servant, he is liable to pay the creditor, for he nullified his lien and caused him to lose his money. We also compel the creditor to free the servant, so that when he encounters him, he will not tell him: "You are my servant."
Similarly, if a person pushes a colleague and causes a coin belonging to him to fall from his hand and roll until it descends into the sea, he is liable to pay for it. Similarly, if a person blemishes the ear of a cow, he is obligated to make financial recompense, for he has reduced its value.
Similarly, a person who scrapes the surface of dinarim belonging to a colleague and removes their imprint is liable to pay, for he has caused him a loss. The same applies in all analogous situations.
Halacha 12
When a person throws a utensil from a roof toward the earth without there being any pillows beneath it to soften its fall, and another person comes and breaks the utensil with a staff while it is in the air before it hits the earth, the person who breaks it is not liable. The rationale is that he broke only a utensil that would certainly have been broken immediately. And so, it is as if he is breaking a broken utensil. He is not considered to be one who caused damages. Similarly, anyone who performs analogous actions is not liable.
Halacha 13
The following rule applies when a person, without the consent of the owner, slaughters an ox that was condemned to be slaughtered because it injures others,or cuts down a tree that was condemned to be cut down because it causes damage to others. He is liable to pay the owner as dictated by the judges, because he prevented him from performing a mitzvah.
If the person who caused the damage claims that the owner told him to slaughter the animal or cut down the tree, he is not liable since it was intended for that fate.
Halacha 14
Similarly, if a person slaughters a beast or a fowl, and another person covers the blood without the consent of the slaughterer, he is liable to pay a fine as dictated by the judges.
There are authorities who rule that in such instances a fine of a fixed amount, ten gold pieces, should be paid. For they ruled that anyone who prevents a colleague from performing a positive commandment - that he is fit to perform - by performing it first, should pay the owner ten gold pieces.
Halacha 15
When a person causes damage with his own hands, the damage is evaluated in the same way as it would have been evaluated if the damage had been caused by his property.
What is implied? If a person kills an animal belonging to a colleague or breaks one of his utensils, we evaluate the animal's previous worth and the worth of the carcass, or the utensil's previous worth and its present worth. The person who caused the damage must pay the difference to the owner together with the carcass or the broken utensil, as we have explained above with regard to damage caused by an ox. For the same principles prevail.
If a person treads grapes belonging to a colleague, we must evaluate the loss. The same principles apply in other analogous situations.
Halacha 16
When the loss he caused is expropriated from the person who caused the damage, it should be expropriated from his movableproperty. If he has no movable property, it should be expropriated from the finest landed property that he owns.
Similarly, the fines to be paid by a rapist, a seducer or a person who spreads malicious gossip about his wife must be paid from the finest landed property that he owns.
Halacha 17
When someone damages property belonging to a colleague and does not know the extent of the damage, the person whose property was damaged is given the prerogative of taking an oath according to the institutions of our Sages - as is a person whose property was stolen - and he may then collect the money that he claims. This applies provided he claims property that one might suppose that he did possess, as has been explained with regard to a person whose property was stolen.
Halacha 18
What is implied? A person takes a wallet belonging to a colleague and throws it into the sea, or into a fire, or gives it to a person of force and thus causes it to be lost. The owner of the wallet claims that it was filled with gold coins, while the person who caused the damage says: "I do not know what it contained. Perhaps all it contained was earth or straw."
The person whose property was damaged is entitled to take an oath while holding a sacred article and collect the money he claims, provided he claims articles that we may assume that he owns or that were entrusted to him and would ordinarily be put in a wallet or the like.
If, however, it is not customary to place such articles in such containers, the owner is considered negligent and the person who caused the damage is not held liable.
What is implied? A person grabbed a filled covered leather sack or basket and threw it into the water or burned it. The person whose property was destroyed claimed that it was filled with pearls. His claim is not accepted, and the person who caused the damage is not required to take an oath. For it is not customary to place pearls in baskets or leather sacks.
If, however, the person whose property was damaged seizes property belonging to the person who caused the damage equivalent to the value of his claim, it should not be expropriated from him. Instead, he is required to take an oath that it contained pearls, and then he is able to keep their worth from the goods that he seized. The same laws apply in all analogous situations.
Halacha 19
If the person who caused the damage knew that the wallet contained gold coins, but does not know their amount, and the person whose property was damaged claimed that it contained 1000 coins, the plaintiff's claim is accepted. He may collect 1000 gold coins without taking an oath provided he could be presumed [to possess such an amount of money. For the defendant is required to take an oath, but cannot, as will be explained with regard to an entrusted object.
Chovel uMazzik - Chapter Eight
Halacha 1
When a person informs about property belonging to a colleague and causes it to be taken by a strong, lawless person, he is required to reimburse the owner from the the finest property in his possession. If the person who informs about the property dies, the owner may collect his due from his heirs, as is the law concerning others who cause damage.
Whether the strong, lawless person is a gentile or a Jew, the person who informs about the property to be taken by him is considered a moseir and is required to reimburse the owner for everything taken by the lawless person. This applies even if the moseir did not actually hand the other person's property over to the lawless person, but merely informed him about it.
Halacha 2
When does the above apply? When the moseir showed the lawless person his colleague's property on his own volition. If, however, gentiles or Jews compelled a person to show them property belonging to a colleague, he is not liable to reimburse his colleague.
Nevertheless, should he physically give over his colleague's property to a lawless person, he is liable to reimburse his colleague even though he was forced to do so. The rationale is that a person who saves himself with money belonging to a colleague is obligated to reimburse him.
Halacha 3
What is implied? A king decreed that wine, straw or the like should be brought to him. A moseir arose and said: "So and so has a storehouse of wine or straw in this and this place." If the king's servants went and took possession of the other person's property, the moseir is required to compensate him.
If the king compelled this moseir to go and show him the storehouses of wine or straw, or to show him property belonging to a colleague who is fleeing from the king, and the moseir showed him because of the compulsion, he is not liable. If he had not shown these resources to the king, he would have been beaten or killed.
Halacha 4
If the moseir took his colleague's property and handed it to the lawless individual, he is liable to pay, although the king compelled him to do so.
When is he liable to pay if, under duress, he took his colleague's property and handed it to the lawless individual? When the property did not come into the lawless person's possession previously. Different laws apply if, however, the lawless person compelled a Jew to show him a colleague's property, and the lawless person stood over the colleague's property and it came into his possession.
If he then compelled a Jew to transport the colleague's property to another place, even if the person who transported the property is the moseir who showed it to the lawless person, the Jew is not liable. The rationale is that since the lawless person stood at the side of the storehouse, it is considered as if all its contents had been already destroyed; it is as if they had been consumed by fire.
Halacha 5
The following rule applies when two litigants are involved in a dispute concerning landed or movable property, each one claiming that it belongs to him. If one of them turns the property in question over to a gentile, he should be placed under a ban of ostracism until he removes the lawless person from the situation, returns the circumstances to their former state and brings the matter for judgment in a Jewish court.
Halacha 6
When a person was apprehended by gentiles because of a colleague, and his money was taken by them because of that colleague, the colleague is not liable to reimburse him.
The only instance that reimbursement is required from a colleague when a person is apprehended on that colleague's behalf is when a person is apprehended because of someone's failure to pay the head tax that is applied to all the inhabitants of a country each year, or because of the gift that every individual is required to give the king when he or his soldiers require hospitality. In these instances, the person who failed to pay is obligated to reimburse the person who made the payment, provided the money was taken from him explicitly on account of his colleague, and this took place in the presence of witnesses.
Halacha 7
The following laws apply when there are witnesses that a person informed about property belonging to a colleague to a lawless person in a manner that obligates him for reimbursement - i.e., he pointed out his colleague's property on his own initiative or was compelled actually to bring the property to the lawless person, but the witnesses do not know the value of the loss he caused. If the person whose property was taken claims that he lost a specific amount, while the moseir denies that such a loss took place, and the person whose property was taken seizes property belonging to the moseir, it is not expropriated from him. Instead, the plaintiff is required to take an oath while holding a sacred article, and then he is entitled to maintain possession of the property he seized.
If the plaintiff did not seize the moseir's property, property may not be expropriated from the moseir unless there is definite proof of the extent of the loss he caused.
Halacha 8
A moseir who showed a colleague's property to a lawless man on his own initiative is not given the prerogative of taking an oath. This applies both to a severe oath, or a sh'vuat hesset. For such a person is deemed wicked; there is no disqualifying factor greater than this.
When, however, a person was compelled to show a lawless man a colleague's property or compelled actually to bring this property to the lawless person, in which instance he is liable to pay, he is not deemed a wicked person. He may be liable to pay, but he is entitled to take an oath, like other worthy men.
Halacha 9
It is forbidden to inform about a colleague to the gentiles and endanger his physical person or his property. This applies even when the person concerned is a wicked person who commits sins, and even if he causes one irritation and discomfort. Anyone who actually informs about a Jew and endangers his person or his property to the gentiles will not receive a portion in the world to come.
Halacha 10
It is permissible to kill a moseir in any country,even in the present age, when the court no longer metes out capital punishment.
It is permitted to kill him before he informs. When he says: "I will inform on so and so and endanger his person and/or his property" - even property of minimal value - he has made it permissible for others to kill him.
He should be warned and told: "Do not inform." If he says brazenly, "No. I will inform about him," it is a mitzvah to kill him, and whoever kills him receives merit.
Halacha 11
If the moseir carried out his threat and informed on a fellow Jew, it appears to me that it is forbidden to kill him, unless he has made it an established pattern to inform. In such an instance, he should be killed, lest he inform on others.
In the cities of the west, the common practice is to kill the mosrim who have made an established pattern of informing with regard to people's property, and to hand the mosrim over to gentiles to punish them, beat them and imprison them, according to their wicked ways.
Similarly, one who causes difficulty and irritation to the community may be handed over to the gentiles to be beaten, imprisoned and fined. It is, however, forbidden to hand over to gentilesa person for causing irritation to one individual.
It is forbidden to destroy property belonging to a moseir, although it is permitted to destroy his life. The reason is that his money is given to his heirs.
Halacha 12
When a rodef pursues another Jew to kill or to rape him or her and breaks utensils - either those belonging to the person he is pursuing, or those belonging to another person - he is not liable to make financial restitution. The rationale is that he is liable to be killed, for pursuing another Jew warrants his own death.
Halacha 13
When a person who is being pursued destroys utensils belonging to the rodef, he is not liable. The rationale is that the rodef's property should not be considered dearer than his life. If he breaks utensils belonging to others, he is liable. For a person who saves his own life with property belonging to someone else must make restitution.
Halacha 14
When a person pursues a rodef to save the person he is pursuing, and in so doing breaks utensils - whether those belonging to the rodef or those belonging to another person - he is not liable. This does not follow the letter of the law, but is a Rabbinic ordinance, enacted so that a person will not refrain from trying to save his colleague, or will hesitate and proceed carefully while he chases after the rodef.
Halacha 15
When a ship is about to sink because it is heavily loaded, and one person stands up and makes it lighter by jettisoning some of its cargo, he is not liable. For the cargo is considered like a rodef who is pursuing them to kill the passengers. On the contrary, by jettisoning the cargo and saving them, he performed a great mitzvah.
This concludes "The Laws of Injury and Damages" with God's help.
Rotzeach uShmirat Nefesh - Chapter One
The Laws of Murderers and the Protection of Life
They contain seventeen mitzvot: seven positive mitzvot and ten negative mitzvot. They are:
a) Not to murder;
b) Not to accept ransom from a murderer to save him from execution;
c) To exile a person who killed inadvertently;
d) Not to accept ransom from a person who killed inadvertently to save him from exile;
e) Not to kill a murderer directly after the murder, before he stands trial;
f) To save a person who is being pursued, by killing the pursuer;
g) Not to have mercy on the pursuer;
h) Not to stand idly by when a colleague's life is in danger;
i) To set aside cities of refuge, and to prepare the roads leading to them;
j) To break the neck of a calf in a wadi [when required];
k) Never to till or seed the land [where the calf was decapitated];
l) Not to create a dangerous situation;
m) To build a guardrail;
n) Not to cause a well-meaning person to blunder;
o) To help [a person whose animal collapses on a road] to unload it;
p) [Together with the owner] to reload [the animal];
q) Not to abandon him helpless, with his burden.
These mitzvot are explained in the chapters [that follow].
Halacha 1
Whenever a person kills a human being, he transgresses a negative commandment, as Exodus 20:13 states: "Do not murder." If a person kills a Jew intentionally in the presence of witnesses, he should be executed by decapitation.
This is implied by Exodus 21:20, which states that when a person kills a servant, "vengeance will certainly be executed." The Oral Tradition explains that this refers to decapitation.
Whether he kills the victim with an iron weapon or burns him with fire, the murderer should be executed by decapitation.
Halacha 2
It is a mitzvah for the blood redeemer to kill the murderer, as Numbers 35:19states: "The blood redeemer shall put the murderer to death." Whoever is fit to inherit the victim's estate becomes the redeemer of his blood.
If the blood redeemer did not desire - or was unable - to kill the murderer, or if the victim did not have a relative to redeem his blood, the court executes the murderer by decapitation.
Halacha 3
The following rules apply if a father kills his son. If the victim has a son, this son should kill his grandfather, because he is the blood redeemer. If he does not have a son, none of the victim's brothers becomes the blood redeemer who must kill his father. Instead, he should be executed by the court.
Both a male and a female may become blood redeemers.
Halacha 4
The court is enjoined not to accept ransom from the murderer to save him from execution. Even if he gave all the money in the world, and even if the blood redeemer was willing to forgive him he should be executed.
The rationale is that the soul of the victim is not the property of the blood redeemer, but the property of the Holy One, blessed be He. And He commanded, Numbers 35:31: "Do not accept ransom for the soul of a murderer."
There is nothing that the Torah warned so strongly against as murder, asIbid.:33 states: "Do not pollute the land in which you live, for blood will pollute the land."
Halacha 5
When a murderer kills willfully, he should not be killed by witnesses or observers until he is brought to court and sentenced to death, as implied byNumbers 35:12 "A murderer should not be put to death until he stands before the congregation in judgment."
This law applies to all those liable for execution by the court, who transgressed and performed the forbidden act. They should not be executed until their trial is completed by the court.
Halacha 6
When does the above apply? When the person has already transgressed and performed the transgression for which he is liable to be executed by the court. When, however, a person is pursuing a colleague with the intention of killing him - even if the pursuer is a minor - every Jewish person is commanded to attempt to save the person being pursued, even if it is necessary to kill the pursuer.
Halacha 7
What is implied? If the rodef was warned and continues to pursue his intended victim, even though he did not acknowledge the warning, since he continues his pursuit he should be killed.
If it is possible to save the pursued by damaging one of the limbs of the rodef, one should. Thus, if one can strike him with an arrow, a stone or a sword, and cut off his hand, break his leg, blind him or in another way prevent him from achieving his objective, one should do so.
If there is no way to be precise in one's aim and save the person being pursued without killing the rodef, one should kill him, even though he has not yet killed his victim. This is implied by Deuteronomy 25:11-12, which states: "If a man is fighting with his brother, and the wife of one... grabs the attacker by his private parts, you must cut off her hand; you may not show pity."
Halacha 8
There is no difference whether she grabs "his private parts" or any other organ that imperils his life. Similarly, the rodef may be a man or a woman. The intent of the verse is that whenever a person intends to strike a colleague with a blow that could kill him, the pursued should be saved by "cutting off the hand" of therodef. If this cannot be done, the victim should be saved by taking the rodef'slife, as the verse continues: "you may not show pity."
Halacha 9
This, indeed, is one of the negative mitzvot - not to take pity on the life of arodef.
On this basis, our Sages ruled that when complications arise and a pregnant woman cannot give birth, it is permitted to abort the fetus in her womb, whether with a knife or with drugs. For the fetus is considered a rodef of its mother.
If the head of the fetus emerges, it should not be touched, because one life should not be sacrificed for another. Although the mother may die, this is the nature of the world.
Halacha 10
The laws of a rodef apply whether a person is pursuing a colleague with the intent of killing him, or a maiden that had been consecrated with the intent of raping her, as reflected by Deuteronomy 22:26, which establishes an equation between murder and rape, stating: "Just as when a man arises against his colleague and kills him, so too, is this matter i.e., the rape of a consecrated maiden."
The same principle is reflected by another verse within the passage, which states (Ibid.:27): "The consecrated maiden cried out, but there was no one to save her." Implied is that if there is someone who can save her, he must do so, using all means including taking the life of the pursuer.
Halacha 11
The same laws apply with regard to any woman forbidden as an ervah, but not to relations with an animal. With regard to homosexual rape, by contrast, one may save a man from being raped by killing the intended rapist.
If one pursues an animal with the intent of sodomizing it, or one seeks to perform a forbidden labor on the Sabbath or to worship idols - although the Sabbath and the prohibition against idol worship are fundamental elements of our faith - the person should not be killed until he commits the transgression and is brought to court, convicted and executed.
Halacha 12
If a person pursued a woman forbidden as an ervah, took hold of her and inserted the head of his organ within her,he may not be slain, even though he has not concluded sexual relations. He must be brought to court.
If a man was pursuing a woman forbidden as an ervah, and other men were pursuing him to save her, and she tells them, "Let him be, so that he does not kill me," they should not listen to her.Instead, he should be intimidated and prevented from raping her, by maiming his limbs. If he cannot be prevented by maiming his limbs, his life may be taken, as explained above.
Halacha 13
When a person could prevent a murder or a rape by maiming the rodef's limbs, but did not take the trouble and instead saved the victim by killing the rodef, he is regarded as one who shed blood and is liable for death. Nevertheless, he should not be executed by the court.
Halacha 14
Whenever a person can save another person's life, but he fails to do so, he transgresses a negative commandment, as Leviticus 19:16 states: "Do not stand idly by while your brother's blood is at stake."
Similarly, this commandment applies when a person sees a colleague drowning at sea or being attacked by robbers or a wild animal, and he can save him himself or can hire others to save him. Similarly, it applies when he hears gentiles or mosrim conspiring to harm a colleague or planning a snare for him, and he does not inform him and notify him of the danger.46
And it applies when a person knows of a gentile or a man of force who has a complaint against a colleague, and he can appease the aggressor on behalf of his colleague, but he fails to do so. And similarly, in all analogous instances, a person who fails to act transgresses the commandment: "Do not stand idly by while your brother's blood is at stake."
Halacha 15
When a person sees a rodef pursuing a colleague to kill him, or a woman forbidden as an ervah to rape her, and he has the potential to save the victim and yet fails to do so, he has negated the observance of the positive commandment: "You must cut off her hand," and has transgressed two negative commandments: "You may not show pity," and "Do not stand idly by while your brother's blood is at stake."
Halacha 16
Even though lashes are not given as punishment for the transgression of these prohibitions - because they do not involve committing a forbidden deed - they are nevertheless very severe. For whoever causes the loss of a Jewish soul is considered as if he destroyed the entire world, and whoever saves a Jewish soul is considered as if he saved the entire world.
• Shabbat. Elul 14, 5775 · 29 August 2015
"Today's Day"
Tuesday Elul 14 5703
Torah lessons: Chumash: Tavo, Shlishi with Rashi.
Tehillim: 72-76. Also 40-42.
Tanya: XV. "To understand (p. 465) ...which compounds them. (p. 465).
From my father's guiding instructions: Keep away - to the ultimate degree - from a campaign of attack. Not because we lack the means of prevailing or because of timorousness, but because we must consecrate all our strength exclusively to strengthening our own structure, the edifice of Torah and mitzvot performed in holiness and purity. To this we must devote ourselves utterly, with actual mesirat nefesh,1 not merely with potential mesirat nefesh.
FOOTNOTES
1. Self-sacrifice.
Daily Thought:
Crossroads
There are crossroads where you choose not only your future, but your past as well.
Take one road and your past becomes but an irrelevant and forgotten dream.
Take another road and even the darkest past can become a magnificent frame for a moment of glory. The moment for which your soul was formed and all the past was made.[Maamar Padah B’Shalom 5738.]
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