Today's Laws & Customs:
• Elul Observances
As the last month of the Jewish year, Elul is traditionaly a time of introspection and stocktaking -- a time to review one's deeds and spiritual progress over the past year and prepare for the upcoming "Days of Awe" of Rosh HaShanah and Yom Kippur.
As the month of Divine Mercy and Forgiveness (see "Today in Jewish History" for Elul 1) it is a most opportune time for teshuvah ("return" to G-d), prayer, charity, and increased Ahavat Yisrael (love for a fellow Jew) in the quest for self-improvement and coming closer to G-d. Chassidic master Rabbi Schneur Zalman of Liadi likens the month of Elul to a time when "the king is in the field" and, in contrast to when he is in the royal palace, "everyone who so desires is permitted to meet him, and he receives them all with a cheerful countenance and shows a smiling face to them all."
Specific Elul customs include the daily sounding of the shofar (ram's horn) as a call to repentance. The Baal Shem Tov instituted the custom of reciting three additional chapters ofPsalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below to view today's Psalms.
Chapter 43 Chapter 44 Chapter 45
Psalms 43:1 Judge me, God, and plead my cause
against a faithless nation.
Rescue me from those who deceive
and from those who are unjust.
2 For you are the God of my strength;
why have you thrust me aside?
Why must I go about mourning,
under pressure by the enemy?
3 Send out your light and your truth;
let them be my guide;
let them lead me to your holy mountain,
to the places where you live.
4 Then I will go to the altar of God,
to God, my joy and delight;
I will praise you on the lyre,
God, my God.
5 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.
44:(0) For the leader. By the descendants of Korach. A maskil:
2 (1) God, we heard it with our ears;
our fathers told us about it —
a deed which you did in their days,
back in days of old.
3 (2) With your hand you drove out nations
to plant them in [the land],
you crushed peoples
to make room for them.
4 (3) For not by their own swords
did they conquer the land,
nor did their own arm
give them victory;
rather, it was your right hand,
your arm and the light of your face;
because you favored them.
5 (4) God, you are my king;
command complete victory for Ya‘akov.
6 (5) Through you we pushed away our foes,
through your name we trampled down our assailants.
7 (6) For I don’t rely on my bow,
nor can my sword give me victory.
8 (7) No, you saved us from our adversaries;
you put to shame those who hate us.
9 (8) We will boast in our God all day
and give thanks to your name forever. (Selah)
10 (9) Yet now you have thrust us aside and disgraced us;
you don’t march out with our armies.
11 (10) You make us retreat from the adversary,
and those who hate us plunder us at will.
12 (11) You have handed us over like sheep to be eaten
and scattered us among the nations.
13 (12) You sell your people for a pittance,
you don’t even profit on the sale.
14 (13) You make us an object for our neighbors to mock,
one of scorn and derision to those around us.
15 (14) You make us a byword among the nations;
the peoples jeer at us, shaking their heads.
16 (15) All day long my disgrace is on my mind,
and shame has covered my face
17 (16) at the sound of those who revile and insult,
at the sight of the enemy bent on revenge.
18 (17) Though all this came on us, we did not forget you;
we have not been false to your covenant;
19 (18) Our hearts have not turned back,
and our steps did not turn away from your path,
20 (19) though you pressed us into a lair of jackals
and covered us with death-dark gloom.
21 (20) If we had forgotten the name of our God
or spread out our hands to a foreign god,
22 (21) wouldn’t God have discovered this,
since he knows the secrets of the heart?
23 (22) For your sake we are put to death all day long,
we are considered sheep to be slaughtered.
24 (23) Wake up, Adonai! Why are you asleep?
Rouse yourself! Don’t thrust us off forever.
25 (24) Why are you turning your face away,
forgetting our pain and misery?
26 (25) For we are lying flat in the dust,
our bodies cling to the ground.
27 (26) Get up, and come to help us!
For the sake of your grace, redeem us!
45:(0) For the leader. Set to “Lilies.” By the descendants of Korach. A maskil. A lovesong:
2 (1) My heart is stirred by a noble theme;
I address my verses to the king;
My tongue is the pen of an expert scribe.
3 (2) You are the most handsome of men;
gracious speech flows from your lips.
For God has blessed you forever.
4 (3) Warrior, strap your sword at your thigh;
[gird on] your splendor and majesty.
5 (4) In your majesty, succeed, ride on
in the cause of truth, meekness and righteousness.
May your right hand teach you awesome things.
6 (5) Your arrows are sharp. The people fall under you,
as they penetrate the hearts of the king’s enemies.
7 (6) Your throne, God, will last forever and ever;
you rule your kingdom with a scepter of equity.
8 (7) You have loved righteousness and hated wickedness.
Therefore God, your God, has anointed you
with the oil of joy in preference to your companions.
9 (8) Your robes are all fragrant with myrrh, aloes and cassia;
from ivory palaces stringed instruments bring you joy.
10 (9) Daughters of kings are among your favorites;
at your right stands the queen in gold from Ofir.
11 (10) Listen, daughter! Think, pay attention!
Forget your own people and your father’s house,
12 (11) and the king will desire your beauty;
for he is your lord, so honor him.
13 (12) Then the daughter of Tzor, the richest of peoples,
will court your favor with gifts.
14 (13) Inside [the palace], the king’s daughter looks splendid,
attired in checker-work embroidered with gold.
15 (14) In brocade, she will be led to the king,
to you, with the virgins in her retinue.
16 (15) They will be led in with gladness and joy,
they will enter the king’s palace.
17 (16) You will have sons to succeed your ancestors;
you will make them princes in all the land.
18 (17) I will make your name known through all generations;
thus the peoples will praise you forever and ever.
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.Links: More on Elul
Today in Jewish History:
• Tomchei Temimim Founded (1897)
The Yeshivah "Tomchei Temimim Lubavitch", the first to integrate the "revealed" part of Torah (Talmud and Halachah) with the esoteric teachings of Chassidism in a formal study program, was on this date founded by the fifth Lubavitcher Rebbe, Rabbi Sholom DovBer Schneersohn.
Daily Quote:
Mesirut nefesh -- Hebrew term for self sacrifice -- means both "giving of life" and "giving of will." Self sacrifice is not just the willingness to die for one's beliefs; it is the way in which one lives for them. It is the willingness to sacrifice one's "self" -- one's desires, one's preconceptions, one's most basic inclinations.[The Lubavitcher Rebbe]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Tavo, 1st Portion Deuteronomy 26:1-26:11 with Rashi
• Chapter 26
1And it will be, when you come into the land which the Lord, your God, gives you for an inheritance, and you possess it and settle in it, אוְהָיָה כִּי תָבוֹא אֶל הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה וִירִשְׁתָּהּ וְיָשַׁבְתָּ בָּהּ:
And it will be, when you come… and you possess it and settle in it:This [verse, which is immediately followed by the commandment of bringing the firstfruits,] teaches us that they were not obligated [to bring] “firstfruits” until they conquered the Land and divided it. - [Kid. 37b] והיה כי תבוא וירשתה וישבת בה: מגיד שלא נתחייבו בבכורים עד שכבשו את הארץ וחלקוה:
2that you shall take of the first of all the fruit of the ground, which you will bring from your land, which the Lord, your God, is giving you. And you shall put [them] into a basket and go to the place which the Lord, your God, will choose to have His Name dwell there. בוְלָקַחְתָּ מֵרֵאשִׁית | כָּל פְּרִי הָאֲדָמָה אֲשֶׁר תָּבִיא מֵאַרְצְךָ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לָךְ וְשַׂמְתָּ בַטֶּנֶא וְהָלַכְתָּ אֶל הַמָּקוֹם אֲשֶׁר יִבְחַר יְהֹוָה אֱלֹהֶיךָ לְשַׁכֵּן שְׁמוֹ שָׁם:
of the first: but not all the first, because not all fruits are subject to [the mitzvah of] “firstfruits”-only the seven species [for which the land of Israel is noted]. Here, in our verse, it says the word אֶרֶץ, “land,” and there [in the verse describing the praise of Eretz Israel], it says, “A land (אֶרֶץ) of wheat and barley, vines and figs and pomegranates, a land of oil-producing olives and honey” (Deut. 8:8). Just as the earlier verse (Deut. 8:8) is referring to the seven species through which Eretz Israel is praised, here too, [the verse is dealing with] the praise of the Land. [Rashi proceeds to explain two expressions in Deut. 8:8, which are relevant to the mitzvah of firstfruits, in light of the connection taught by our Rabbis above:] “Oil-producing olives” [refers to] “אֲגוּרִי olives,” [see Sifrei 26:2, meaning superior quality] olives that retain their oil, keeping it gathered (אָגוּר) [as it were] inside it. [Hence, it is the superior fruits which must be brought here]. — [Ber. 39a] [And in the same verse (Deut. 8:8):] “honey”-that is the honey of dates. — [Sifrei 26:2] מראשית: ולא כל ראשית, שאין כל הפירות חייבין בבכורים אלא שבעת המינין בלבד. נאמר כאן ארץ, ונאמר להלן (לעיל ח, ח) ארץ חטה ושעורה וגו', מה להלן משבעת המינים שנשתבחה בהם ארץ ישראל, אף כאן שבח ארץ ישראל שהן שבעה מינין זית שמן זית אגורי ששמנו אגור בתוכו ודבש הוא דבש תמרים:
of the first [of all the fruit]: [What is the process of taking these fruits?] A man goes down into his field and sees a fig that has ripened. He winds a reed around it for a sign and declares:“This is the firstfruit (בִּכּוּרִים).” - [Mishnah Bikkurim 3:1] מראשית: אדם יורד לתוך שדהו ורואה תאנה שבכרה כורך עליה גמי לסימן ואומר הרי זו בכורים:
3And you shall come to the kohen who will be [serving] in those days, and say to him, "I declare this day to the Lord, your God, that I have come to the land which the Lord swore to our forefathers to give us." גוּבָאתָ אֶל הַכֹּהֵן אֲשֶׁר יִהְיֶה בַּיָּמִים הָהֵם וְאָמַרְתָּ אֵלָיו הִגַּדְתִּי הַיּוֹם לַיהֹוָה אֱלֹהֶיךָ כִּי בָאתִי אֶל הָאָרֶץ אֲשֶׁר נִשְׁבַּע יְהֹוָה לַאֲבֹתֵינוּ לָתֶת לָנוּ:
who will be [serving] in those days: You have only the kohen in your days, whatever he is [and although he may not be as wise or holy as those of previous generations, you are obliged to address him with the respect due to his office as an agent of God]. — [Sifrei 26:3] אשר יהיה בימים ההם: אין לך אלא כהן שבימיך, כמו שהוא:
and say to him: that you are not ungrateful [for all that God has done for you]. ואמרת אליו: שאינך כפוי טובה:
I declare this day: [The expression,“this day,” teaches us that the one who brings the firstfruits must make this declaration] once a year, and not twice [even though he may return with more firstfruits later that same year]. — [Sifrei 26:3] הגדתי היום: פעם אחת בשנה ולא שתי פעמים:
4And the kohen will take the basket from your hand, laying it before the altar of the Lord, your God." דוְלָקַח הַכֹּהֵן הַטֶּנֶא מִיָּדֶךָ וְהִנִּיחוֹ לִפְנֵי מִזְבַּח יְהֹוָה אֱלֹהֶיךָ:
And the kohen shall take the basket from your hand: in order to wave it. [How so?] The kohen places his hand under [the basket, beneath the level of] the owner’s hand [which is grasping the basket at the top, by its rim] (Sukk. 47b), and [in this position,] waves [the basket together with its owner]. ולקח הכהן הטנא מידך: להניף אותו. כהן מניח ידו תחת יד הבעלים ומניף:
5And you shall call out and say before the Lord, your God, "An Aramean [sought to] destroy my forefather, and he went down to Egypt and sojourned there with a small number of people, and there, he became a great, mighty, and numerous nation. הוְעָנִיתָ וְאָמַרְתָּ לִפְנֵי | יְהֹוָה אֱלֹהֶיךָ אֲרַמִּי אֹבֵד אָבִי וַיֵּרֶד מִצְרַיְמָה וַיָּגָר שָׁם בִּמְתֵי מְעָט וַיְהִי שָׁם לְגוֹי גָּדוֹל עָצוּם וָרָב:
And you shall call out: Heb. וְעָנִית [Usually meaning to “respond.” However, in this context, this word] denotes the raising of the voice. — [Sotah 32b] וענית: לשון הרמת קול:
An Aramean [sought to] destroy my forefather: [The declarer] mentions [here] the kind deeds of the Omnipresent [by stating]:“An Aramean [sought to] destroy my forefather.” That is, Laban, when he pursued Jacob, sought to uproot [i.e., annihilate] all [the Jews], and since he intended to do so, the Omnipresent considered it as though he had actually done it (Sifrei 26:5), for [regarding] the pagan nations of the world, the Holy One, Blessed is He, considers the [mere] intention [of an evil deed] as [being equivalent to] the actual perpetration [of the deed itself]. — [Yerushalmi Pe’ah 1:1 at end] ארמי אבד אבי: מזכיר חסדי המקום ארמי אובד אבי, לבן בקש לעקור את הכל, כשרדף אחר יעקב. ובשביל שחשב לעשות, חשב לו המקום כאלו עשה, שאומות העולם חושב להם הקב"ה מחשבה [רעה] כמעשה:
who then went down to Egypt: And [apart from Laban,] still others came upon us to annihilate us, for after this, Jacob went down to Egypt [“and the Egyptians treated us cruelly…”]. וירד מצרימה: ועוד אחרים באו עלינו לכלותנו, שאחרי זאת ירד יעקב למצרים:
with a small number of people: [Namely,] seventy persons. — [Sifrei 26: 5; see Gen. 46:27] במתי מעט: בשבעים נפש:
6And the Egyptians treated us cruelly and afflicted us, and they imposed hard labor upon us. ווַיָּרֵעוּ אֹתָנוּ הַמִּצְרִים וַיְעַנּוּנוּ וַיִּתְּנוּ עָלֵינוּ עֲבֹדָה קָשָׁה:
7So we cried out to the Lord, God of our fathers, and the Lord heard our voice and saw our affliction, our toil, and our oppression. זוַנִּצְעַק אֶל יְהֹוָה אֱלֹהֵי אֲבֹתֵינוּ וַיִּשְׁמַע יְהֹוָה אֶת קֹלֵנוּ וַיַּרְא אֶת עָנְיֵנוּ וְאֶת עֲמָלֵנוּ וְאֶת לַחֲצֵנוּ:
8And the Lord brought us out from Egypt with a strong hand and with an outstretched arm, with great awe, and with signs and wonders. חוַיּוֹצִאֵנוּ יְהֹוָה מִמִּצְרַיִם בְּיָד חֲזָקָה וּבִזְרֹעַ נְטוּיָה וּבְמֹרָא גָּדֹל וּבְאֹתוֹת וּבְמֹפְתִים:
9And He brought us to this place, and He gave us this land, a land flowing with milk and honey. טוַיְבִאֵנוּ אֶל הַמָּקוֹם הַזֶּה וַיִּתֶּן לָנוּ אֶת הָאָרֶץ הַזֹּאת אֶרֶץ זָבַת חָלָב וּדְבָשׁ:
to this place: meaning the Temple. — [Sifrei 26:9] [The expression הַמָּקוֹם הַזֶה must refer specifically to the Temple and not to the Land of Israel in general, because the following clause:] אל המקום הזה: זה בית המקדש:
and He gave us this land: [is to be understood] literally. ויתן לנו את הארץ: כמשמעו:
10And now, behold, I have brought the first of the fruit of the ground which you, O Lord, have given to me." Then, you shall lay it before the Lord, your God, and prostrate yourself before the Lord, your God. יוְעַתָּה הִנֵּה הֵבֵאתִי אֶת רֵאשִׁית פְּרִי הָאֲדָמָה אֲשֶׁר נָתַתָּה לִּי יְהֹוָה וְהִנַּחְתּוֹ לִפְנֵי יְהֹוָה אֱלֹהֶיךָ וְהִשְׁתַּחֲוִיתָ לִפְנֵי יְהֹוָה אֱלֹהֶיךָ:
Then, you shall lay: [The repetition of the expressions וְהִנִּיחוֹ (verse 4) and here, וְהִנַּחְתּוֹ] teaches us [that there were two procedures involving laying the hands on the basket and waving it, namely] that [the owner] takes [the basket] after the kohen has [completed] waving it; [the owner subsequently] grasps it in his hand during his declaration, and then repeats the waving procedure. והנחתו: מגיד שנוטלו אחר הנחת הכהן ואוחזו בידו כשהוא קורא, וחוזר ומניף:
11Then, you shall rejoice with all the good that the Lord, your God, has granted you and your household you, the Levite, and the stranger who is among you. יאוְשָׂמַחְתָּ בְכָל הַטּוֹב אֲשֶׁר נָתַן לְךָ יְהֹוָה אֱלֹהֶיךָ וּלְבֵיתֶךָ אַתָּה וְהַלֵּוִי וְהַגֵּר אֲשֶׁר בְּקִרְבֶּךָ:
And you shall rejoice with all the good: From here, [our Rabbis] said that the firstfruits declaration is recited only at the time of “rejoicing,” namely, from Shavuoth until Sukkoth, for [then] a person gathers in his grain, fruit, wine and oil [over which he rejoices]. However, from Sukkoth and onwards, he must bring [his firstfruits to the Temple], but he does not recite the declaration. - [Pes. 36b] ושמחת בכל הטוב: מכאן אמרו אין קורין מקרא בכורים אלא בזמן שמחה מעצרת ועד החג, שאדם מלקט תבואתו ופירותיו ויינו ושמנו, אבל מהחג ואילך מביא ואינו קורא:
you, the Levite: [From here, we learn that] the Levite is also obligated in [the mitzvah of bringing] firstfruits if they planted [trees] within their [forty-eight] cities. [Outside of these cities, they had no land.] אתה והלוי: אף הלוי חייב בבכורים אם נטעו בתוך עריהם:
and the stranger who is among you: [I.e., the proselyte.] He brings [his firstfruits], but he does not recite the declaration, since he cannot say “to our fathers” [in the introduction to the declaration (verse 3): “I have come to the land which the Lord swore to our forefathers to give us”]. — [Mishnah Bikkurim 1:4] והגר אשר בקרבך: (שם מכות יט) מביא ואינו קורא, שאינו יכול לומר לאבותינו:Daily Tehillim: Psalms Chapters 77 - 78
• 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 77
1. For the Conductor, on the yedutun,1 by Asaph, a psalm.
2. [I raise] my voice to God and cry out; [I raise] my voice to God and He will listen to me.
3. On the day of my distress I sought my Lord. My wound oozes at night and does not abate; my soul refuses to be consoled.
4. I remember God and I moan; I speak and my spirit faints, Selah.
5. You grasped my eyelids; I am broken, I cannot speak.
6. I think of olden days, of ancient years.
7. During the night I recall my music, I meditate with my heart, and my spirit searches:
8. Is it for eternity that my Lord forsakes [me], nevermore to be appeased?
9. Has His kindness ceased forever? Has He sealed the decree for all generations?
10. Has God forgotten mercy? Has He in anger restrained His compassion forever?
11. I said, "It is to ter- rify me that the right hand of the Most High changes.”
12. I remember the deeds of Yah, when I remember Your wonders of long ago.
13. I meditate on all Your works, and speak of Your deeds.
14. O God, Your way is in sanctity; what god is as great as God?
15. You are the God Who works wonders; You make Your might known among the nations.
16. You redeemed Your people with a mighty arm, the children of Jacob and Joseph, Selah.
17. The waters2 saw You, O God, the waters saw You and trembled; even the deep shuddered.
18. The clouds streamed water, the heavens sounded forth, even Your arrows flew about.
19. The sound of Your thunder was in the rolling wind; lightning lit up the world; the earth trembled and quaked.
20. Your way was through the sea, Your path through the mighty waters; and Your footsteps were not known.3
21. You led Your people like a flock, by the hand of Moses and Aaron
Chapter 78
This psalm recounts all the miracles that God wrought for Israel, from the exodus of Egypt to David's becoming king over Israel.
1. A maskil1 by Asaph. Listen, my people, to my teaching; incline your ear to the words of my mouth.
2. I will open my mouth with a parable, I will utter riddles of long ago;
3. that which we have heard and know [to be true], and that our fathers have told us.
4. We will not withhold from their children, telling the final generation the praises of the Lord, and His might, and the wonders He has performed.
5. He established a testimony in Jacob, and set down the Torah in Israel, which He commanded our fathers to make known to their children,
6. so that the last generation shall know; children yet to be born will rise and tell their children,
7. and they shall put their hope in God, and not forget the works of the Almighty; and they shall guard His commandments.
8. And they shall not be like their fathers, a wayward and rebellious generation, a generation that did not set its heart straight, and whose spirit was not faithful to God.
9. The children of Ephraim, armed archers, retreated on the day of battle.2
10. They did not keep the covenant of God, and refused to follow His Torah.
11. They forgot His deeds and His wonders that He had shown them.
12. He performed wonders before their fathers, in the land of Egypt, in the field of Zoan.3
13. He split the sea and brought them across; He erected the waters like a wall.
14. He led them with a cloud by day, and all night long with the light of fire.
15. He split rocks in the wilderness, and gave them to drink as if from the abundant depths.
16. And He brought forth flowing waters from the rock, and caused waters to descend like rivers.
17. Yet they again continued to sin against Him, to provoke the Most High in the parched land.
18. And they tested God in their hearts, by requesting food for their craving.
19. They spoke against God; they said, "Can God set a table in the wilderness?
20. True, He hit the rock and waters flowed, streams gushed forth; but can He also give bread? Will He prepare meat for His people?”
21. And so the Lord heard and was enraged; a fire was kindled against Jacob; wrath, too, flared against Israel.
22. For they did not believe in God and did not trust in His salvation,
23. [though] He had commanded the skies above, and opened the doors of heaven.
24. He had rained upon them manna to eat, and given them grain of heaven.
25. Man ate the bread of angels; He sent them [enough] provisions to satiate.
26. He drove the east wind through the heaven, and led the south wind with His might.
27. He rained meat upon them like dust, winged birds like the sand of seas;
28. and He dropped them inside His camp, around His dwellings.
29. And they ate and were very satiated, for He brought them their desire.
30. They were not yet estranged from their craving, their food was still in their mouths,
31. when the wrath of God rose against them and slew their mighty ones, and brought down the chosen of Israel.
32. Despite this, they sinned again, and did not believe in His wonders;
33. so He ended their days in futility, and their years in terror.
34. When He slew them they would seek Him, they would return and pray to God.
35. They remembered that God is their rock, God the Most High, their redeemer.
36. But they beguiled Him with their mouth, and deceived Him with their tongue.
37. Their heart was not steadfast with Him; they were not faithful to His covenant.
38. Yet He is compassionate, pardons iniquity, and does not destroy; time and again He turns away His anger, and does not arouse all His wrath.
39. He remembered that they were but flesh, a spirit that leaves and does not return.
40. How often they provoked Him in the desert, and grieved Him in the wasteland!
41. Again and again they tested God, and sought a sign from the Holy One of Israel.
42. They did not remember His hand, the day He redeemed them from the oppressor;
43. that He set His signs in Egypt, and His wonders in the field of Zoan.
44. He turned their rivers to blood, and made their flowing waters undrinkable.
45. He sent against them a mixture of beasts which devoured them, and frogs that destroyed them.
46. He gave their produce to the grasshopper, and their toil to the locust.
47. He killed their vines with hail, and their sycamores with biting frost.
48. He delivered their animals to the hail, and their livestock to fiery bolts.
49. He sent against them His fierce anger, fury, rage, and affliction; a delegation of messengers of evil.
50. He leveled a path for His anger, and did not spare their soul from death; He delivered their animals to pestilence.
51. He struck every firstborn in Egypt, the first fruit of their strength in the tents of Ham.4
52. He drove His nation like sheep, and guided them like a flock in the desert.
53. He led them in security and they did not fear, for the sea covered their enemies.
54. And He brought them to the boundary of His holy place, this mountain which His right hand acquired.
55. He drove out nations before them, and allotted them an inheritance [measured] by the cord; He settled the tribes of Israel in their tents.
56. Yet they tested and defied God, the Most High, and did not keep His testimonies.
57. They regressed and rebelled like their fathers; they turned around like a deceptive bow.
58. They angered Him with their high altars, and provoked Him with their idols.
59. God heard and was enraged, and He was utterly disgusted with Israel;
60. And He abandoned the Tabernacle of Shilo, the Tent where He had dwelled among men.
61. He put His might into captivity, and His glory into the hand of the oppressor.
62. He delivered His nation to the sword, and was enraged with His inheritance.
63. Fire consumed His young men, and His maidens had no marriage song.
64. His priests fell by the sword, and their widows did not weep.5
65. And the Lord awoke like one who had been asleep, like a warrior shouting [to sober himself] from wine.
66. He beat His enemies into retreat, and dealt them eternal disgrace.
67. He was disgusted with the tent of Joseph, and did not choose the tribe of Ephraim.
68. He chose the tribe of Judah, Mount Zion which He loves.
69. And He built His Sanctuary [permanent as] the heavens; like the earth, He established it forever.
70. And He chose David His servant, and took him from the sheep corrals.
71. From following the nursing ewes, He brought Him to shepherd His nation Jacob, Israel His inheritance.
72. And he tended them with the integrity of his heart, and led them with the skill of his hands.
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 43, 44 and 45.
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Chapter 44
The psalmist cries and laments painfully over this bitter exile, where we and our Torah are shamed daily, when the nations say that God has exchanged us for another nation, and where we are considered as sheep for the slaughter, as a byword and taunt. It is therefore fitting that God redeem us, for the sake of His great Name that abides with us in exile.
1. For the Conductor, by the sons of Korach, a maskil.1
2. God, with our ears we have heard, our fathers have told us, of the deeds You wrought in their days, in the days of old.
3. You drove out nations with Your hand, and planted [Israel in their place]; You afflicted peoples and banished them.
4. For not by their sword did they inherit the land, and their own arm did not save them, but by Your right hand, Your arm and the light of Your countenance-for You favored them.
5. You are my king, O God; decree the salvation of Jacob.
6. Through You will we gore our adversaries; with Your Name we will trample our opponents.
7. For I do not trust in my bow, and my sword cannot save me.
8. For You have delivered us from our foes, and You shamed those who hate us.
9. In God we glory all day, and forever thank Your Name, Selah.
10. Though You abandon and disgrace us, and do not go forth with our armies;
11. You cause us to retreat from the oppressor, and those who hate us plunder for themselves;
12. You deliver us like sheep to be devoured, and scatter us among the nations;
13. You sell Your nation without gain, and do not set a high price upon them;
14. You make us a disgrace to our neighbors, the scorn and derision of those around us;
15. You make us a byword among the nations, [a cause for] nodding the head among the peoples;
16. all day long my humiliation is before me, and the shame of my face covers me
17. at the voice of the reviler and blasphemer, because of the foe and avenger-
18. all this has come upon us, yet we have not forgotten You, nor have we been false to Your covenant.
19. Our hearts have not retracted, nor have our steps strayed from Your path.
20. Even when You crushed us in the place of serpents, and shrouded us in the shadow of death-
21. did we forget the Name of our God, and extend our hands to a foreign god?
22. Is it not so that God can examine this, for He knows the secrets of the heart.
23. For it is for Your sake that we are killed all the time; we are regarded as sheep for the slaughter.
24. Arise! Why do You sleep, my Lord? Wake up! Do not abandon [us] forever!
25. Why do You conceal Your countenance and forget our affliction and distress?
26. For our souls are bowed to the dust, our bellies cleave to the earth.
27. Arise! Be our help, and redeem us for the sake of Your kindness.
Chapter 45
The psalmist composed this psalm referring to Moshiach. He describes his greatness, his attributes, his glory, his wealth, and his reign; and states that Israel anticipates him, remembering and saying in every generation, "When will King Moshiach come?"
1. For the Conductor, upon the shoshanim,1 By the sons of Korach; a maskil,2 a song of love.
2. My heart is astir with a noble theme; I say, "My composition is for the king;3 my tongue is the pen of a skillful scribe.”
3. You are the most handsome of men, charm is poured upon your lips; therefore has God blessed you forever.
4. Gird your sword upon your thigh, O mighty one-it is your majesty and splendor.
5. And with your splendor, succeed and ride on for the sake of truth and righteous humility; and your right hand will guide you to awesome deeds.
6. Your arrows are sharpened-nations fall beneath you-[the arrows fall] into the hearts of the king's enemies.
7. Your throne, O ruler, is forever and ever, [for] the scepter of justice is the scepter of your kingdom.
8. You love righteousness and hate wickedness; therefore has God, your God, anointed you with oil of joy above your peers.
9. Myrrh, aloes and cassia are [the fragrance] of all your garments, which are from ivory palaces that bring you joy.
10. Daughters of kings visit you, and the queen stands erect at your right hand, adorned in the fine gold of Ophir.
11. Hear, O daughter, and observe, incline your ear; forget your people and your father's house.
12. Then the king will desire your beauty. He is your master-bow to him.
13. The daughter of Tyre, the wealthiest of nations, will seek your favor with a gift.
14. All the glory of the princess is within; her clothing surpasses settings of gold.
15. In embroidered garments she will be brought to the king; the maidens in her train, her companions, will be led to you.
16. They will be brought with gladness and joy, they will enter the palace of the king.
17. Your sons will succeed your fathers; you will appoint them ministers throughout the land.
18. I will cause Your Name to be remembered throughout the generations; therefore will the nations praise You forever and ever.
Tanya: Iggeret HaKodesh, beginning of Epistle 14• Lessons in Tanya
• Sunday, Elul 15, 5775 · August 30, 2015
Today's Tanya Lesson
Iggeret HaKodesh, beginning of Epistle 14
Many of the letters that together constitute Iggeret HaKodesh were written in order to rouse Jewry to contribute generously to tzedakah in general and in particular for the Holy Land. More specifically, the Alter Rebbe strongly encouraged the support of Rabbi Mendele Horodoker and Rabbi Avraham Kalisker and their followers, who had settled there, through the Kollel Chabad Fund that he had founded.
In the present letter the Alter Rebbe places singular emphasis on the merit of tzedakah for the Holy Land. Every year, he declares, it should be given with more vitality and in greater volume, thus echoing the rhythm of the annually-renewed life-force that emanates from On High to the Holy Land, as he explains in this letter.
The Alter Rebbe begins here by stating that his purpose is “to arouse the old love and fondness for our Holy Land....” It would seem that “the old love” refers to the ardent enthusiasm which his chassidim had originally felt for the fund when it was freshly founded, and which had faded somewhat with the passage of years. It was this “old love” that the Alter Rebbe sought here to reawaken.
לעורר את האהבה הישנה וחבת ארץ הקודש
[This letter is written] to arouse the old love and fondness for the Holy Land,
להיות בוערת כרשפי אש מקרב איש ולב עמוק
so that it burn like fiery flames from the inwardness of man and from the depths of his heart,
כאלו היום ממש נתן ה׳ רוחו עלינו, רוח נדיבה
as if this very day G‑d had set His spirit upon us, a spirit of generosity,
בהתנדב עם למלאות ידם לה׳, ביד מלאה ורחבה
so that people volunteer to consecrate themselves to G‑d with a full and generous hand,
בריבוי אחר ריבוי, מדי שנה בשנה
with one increase after another, from year to year,
הולך ועולה למעלה ראש
continually rising and excelling themselves,
כמדת קדש העליון
in keeping with the measure of [the level of Divinity called] Kodesh HaElyon (“Supreme Holiness”),another name for the attribute of Chochmah,
המאיר לארץ הקודש, המתחדש ומתרבה תמיד
which radiates to the Holy Land and is constantly renewed (qualitatively) and increased (quantitatively),
כדכתיב: תמיד עיני ה׳ אלקיך בה, מרשית השנה ועד אחרית שנה
as it is written,1 “Forever are the eyes of the L‑rd your G‑d upon it (i.e., upon the Land of Israel), from the beginning of the year to the end of the year.”
As the Alter Rebbe will soon say, the term “eyes” alludes to the Divine attribute of Chochmah, or Kodesh HaElyon, which irradiates the Land of Israel constantly, from the beginning of the year to its end.
In order to explain how we derive from this verse that the level of Chochmah that radiates to the Holy Land is constantly renewed and increased, the Alter Rebbe first raises the following query:
דהאי ועד אחרית גו׳ אינו מובן לכאורה
Now, this phrase “to the end...” appears to be problematic,
שהרי באחרית שנה זו, מתחלת שנה שניה
for at the end of one year begins another year.
ואם כן, הוה ליה למימר: לעולם ועד
Thus it should surely have said [that the eyes of G‑d are upon the Land of Israel] “everlastingly”.
אך הענין יובן על פי מה שכתוב: ה׳ בחכמה יסד ארץ
However, this matter will be understood by considering the verse,2 “G‑d by Chochmah established the earth.”
שיסוד הארץ העליונה, היא בחינת ממלא כל עלמין
That is, the foundation of Eretz HaElyonah (lit., “the Higher Earth” or “the Higher Land”; i.e., the heavenly model of the terrestial Holy Land), which is the mode of [creative Divine influence which is immanent and therefore called] memaleh kol almin (lit., “filling all worlds”),
This refers to the Sefirah of Malchut of the World of Atzilut, called “land” for it is the last and (so to speak) lowest of the Supernal Sefirot, and it vests itself in created worlds and beings so as to vitalize them.
והתחתונה, היא ארץ חפץ, המכוונת כנגדה ממש
and [likewise the foundation] of the nether [land], which is [the Land of Israel which is known as] Eretz Chefetz (“the land of [G‑d’s] desire”), which truly corresponds to it[s heavenly counterpart], viz., Eretz HaElyonah,
ונקראת על שמה: ארץ החיים
and is called by its name, Eretz HaChayim (“the land of life”), —
הנה הוא נמשך מהמשכת והארת חכמה עילאה, מקור החיים העליונים
[the foundation, then, of the higher and the lower lands] issues from the downward flow and radiation from the Supreme Chochmah which is the source of Supernal life;
כדכתיב: החכמה תחיה בעליה וגו׳
as it is written,3 “Chochmah animates those who possess it....”
“G‑d by Chochmah established the earth” thus means, that the Sefirah of Chochmah diffuses its creative light upon Eretz HaElyonah (“the Higher Land,” i.e., Malchut of Atzilut), as well as upon its terrestial counterpart, the Land of Israel.
והארה והמשכה זו, היא מתחדשת באור חדש ממש בכל שנה ושנה
This radiation and efflux from Supreme Chochmah, that irradiates the “land” at both these levels, is renewed annually by a truly new light.
כי הוא יתברך וחכמתו אחד בתכלית היחוד
For G‑d (blessed be He) and His Chochmah are one, in an absolute unity
ונקרא בשם אור אין סוף ברוך הוא
which is called “the [infinite] Ein Sof-light,”
שאין סוף ואין קץ למעלת וגדולת האור והחיות הנמשך ממנו יתברך ומחכמתו
because there is no limit nor end to the quality and greatness of the light and vitality that issues forth from Him and from His Chochmah,
בעילוי אחר עילוי, עד אין קץ ותכלית, לרום המעלות למעלה מעלה
in elevation upon elevation, to no end or limit, to the peak of the loftiest levels.
Since the life-giving light that issues from Supreme Chochmah is infinite, it follows that whatever the intensity of the light drawn down in the previous year, it is still possible that a greater degree of light be drawn down in the new year.
ובכל שנה ושנה יורד ומאיר מחכמה עילאה אור חדש ומחודש שלא היה מאיר עדיין מעולם, לארץ העליונה
And every year there descends and radiates a new and renewed light which has never yet shone, from the Supreme Chochmah4 to the Eretz HaElyonah.
The light that reaches down to this level is here described as “new and renewed,” for in the first instance a new light radiates into Chochmah from the Ein Sof that transcends it, and then a new light issues from Chochmah and irradiates theEretz HaElyonah.
כי אור כל שנה ושנה מסתלק לשרשו בכל ערב ראש השנה
For the light of every year withdraws to its source in the Essence of the Ein Sof on the eve of every Rosh HaShanah,
כשהחדש מתכסה בו
“when the moon is covered.”
Rosh HaShanah is known as5 “the holiday when the new moon is covered,” and is not seen. In a spiritual context this means that the Sefirah of Malchut (represented in the Kabbalah by the moon), the light that animates the worlds and created beings, is concealed and withdraws to its source.
ואחר כך, על ידי תקיעת שופר והתפלות, נמשך אור חדש עליון
Afterwards, by means of the sounding of the Shofar and by means of the prayers, a new and superior light is elicited,
מבחינה עליונה יותר שבמדריגת חכמה עילאה
[a light] of a yet higher rank in the sphere of the Supreme Chochmah,
להאיר לארץ עליונה ולדרים עליה
to radiate to the Eretz Elyonah and those who dwell upon it,
הם כל העולמות, העליונים והתחתונים, המקבלים חיותם ממנה
i.e., to all the higher and lower worlds that receive their vitality from it
דהיינו, מן האור אין סוף ברוך הוא וחכמתו המלובש בה
i.e., from the [infinite] Ein Sof-light, and from [G‑d’s] Chochmah which is vested in it, i.e., in “the Higher Land”;
כדכתיב: כי עמך מקור חיים, באורך נראה אור
as it is written,6 “For with You is the source of life; in Your light shall we see light.”
Supreme Chochmah, which is the source of life, is “with You,” i.e., nullified and unified with the Ein Sof; “in Your light” (i.e., in the light that radiates from Chochmah to “the Higher Land”) “we shall see light” (i.e., the light that descends from “the Higher Land” and illumines all the created beings which receive their vitality from it).
דהיינו אור המאיר מחכמה עילאה, מקור החיים
This refers to the light that radiates from Supreme Chochmah, the source of life.
וכנודע ליודעי חן, שבכל ראש השנה היא הנסירה, ומקבלת מוחין חדשים, עליונים יותר כו׳
(7And, as is known to the scholars of the Hidden Wisdom, i.e., the Kabbalists, every Rosh HaShanah thenesirah takes place, and [the Sefirah of Malchut] receives new, more sublime Mochin, and so on.)
This is a Kabbalistic theme regarding the “rebuilding” of the Sefirah of Malchut that takes place every Rosh HaShanah. The paradigm of this sequence is the slumber that G‑d brought upon Adam8 on the day of his creation, which took place on the day of Rosh HaShanah, and the subsequent excision (nesirah) of the rib from which Eve was then formed.
The Kabbalah explains that Adam is a terrestial echo of Supernal Man, i.e., the bracket of Sefirot known collectively as Za(ז״א, acronym for זעיר אנפין) of the World of Atzilut. “Slumber” alludes to the withdrawal of the Supernal intellectual attributes, or Mochin, from Za (just as man’s intellect withdraws during sleep). The new and more sublime Mochin which are then drawn down into Malchut are far superior to the Mochin that Malchut had previously received from Za.
ובפרטי פרטיות, כן הוא בכל יום ויום
In a very specific way, this takes place every day.
נמשכים מוחין עליונים יותר בכל תפלת השחר
More sublime Mochin are elicited by every morning-prayer,
ואינן מוחין הראשונים שנסתלקו אחר התפלה, רק גבוהין יותר
which are not the original Mochin that withdrew after the prayer [of the previous day], but more sublime ones.
ודרך כלל, בכללות העולם בשית אלפי שנין, כן הוא בכל ראש השנה וראש השנה
In general terms, with respect to the world as a whole — and not only with regard to the daily elicitation of newMochin during prayer as experienced by an individual man — during the six thousand years [of the world’s existence],9 this occurs every Rosh HaShanah.
| FOOTNOTES | |
| 1. | Devarim 11:12. |
| 2. | Mishlei 3:19. |
| 3. | Kohelet 7:12. |
| 4. | Note of the Rebbe: “Cf. Likkutei Torah (Shir HaShirim 50b): ‘Surely in Supreme Chochmah too this new light is drawn down from Above....”’ |
| 5. | Rosh HaShanah 8a. |
| 6. | Tehillim 36:10. |
| 7. | Parentheses are in the original text. |
| 8. | Bereishit 2:21. |
| 9. | Rosh HaShanah 31a. |
• Sefer Hamitzvos:
Today's Mitzvah
Elul 15, 5775 · August 30, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 225
Exiling an Inadvertent Murderer to a City of Refuge
"And he shall live there until the death of the high priest"—Numbers 35:25.
The courts are commanded to exile a person guilty of manslaughter to a city of refuge. The killer must remain there [until the death of the serving high priest]: "There he must dwell, there he shall die, there he shall be buried."
Exiling an Inadvertent Murderer to a City of Refuge
Exiling an Inadvertent Murderer to a City of Refuge
Positive Commandment 225
Translated by Berel Bell
The 225th mitzvah is that we are commanded to exile a person who has killed another unintentionally from his city to one of the refuge cities.
The source of this commandment is G‑d's statement1 (exalted be He), "[The killer] must live there until the death of the kohen gadol."
In the words of the Sifri, "In the phrase '[The killer] must live there,' the word 'there' means he may never leave there. There he shall live, there he shall die, and there he shall be buried."
The details of this mitzvah are explained in tractate Makkos.2
FOOTNOTES
1.Ibid., 35:25.
2.7a ff
Negative Commandment 295
Accepting a Ransom from an Intentional Murderer
"You shall take no ransom for the life of a murderer who is guilty of death"—Numbers 35:31.
It is forbidden to take a monetary payment from a person guilty of murder to exempt him from capital punishment.
Accepting a Ransom from an Intentional Murderer
Negative Commandment 295
Translated by Berel Bell
The 295th prohibition is that we are forbidden from taking ransom money [to spare] someone who has committed murder intentionally. Rather, he must be executed.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not take ransom for the life of a murderer who is under the death penalty."
The details of this mitzvah are explained in tractate Makkos.
FOOTNOTES
1.Num. 35:31.
Negative Commandment 292
Executing a Criminal before he Stands Trial
"The murderer shall not die until he stands before the congregation in judgment"—Numbers 35:12.
It is forbidden to execute a criminal guilty of committing a capital crime before he receives due process before a rabbinical court. (This prohibition applies after the crime was committed. With regards to a criminal in the process of executing a crime, see Negative Commandment 293.)
Even if the members of the High Court witness the execution of a capital offense, they must serve as witnesses (before another panel of judges) who will adjudicate the case.
Executing a Criminal before he Stands Trial
Negative Commandment 292
Translated by Berel Bell
The 292nd prohibition is that we are forbidden from killing someone who has already done1 something punishable by death before he is brought to High Court. Rather, we must bring him to High Court and present the evidence against him. We must be only witnesses [not judges], and they will determine his guilt.
The source of this prohibition is G‑d's statement2 (exalted be He), "The murderer shall not die until he stands before the court in judgment."
In the words of the Mechilta,3 "One might think that [the witnesses] may kill the person after he has committed murder or adultery. The Torah therefore says, 'The murderer shall not die until he stands ...' " Even if the Great Sanhedrin saw him commit the murder, they may only be witnesses and testify before another court [rather than themselves act as judges]; and that court will execute him.
The Mechilta also says, "In a case where a court saw a person commit murder, you might think that they may execute him even before he is judged. The Torah therefore says, 'The murderer shall not die until he stands before the court in judgment.' "
FOOTNOTES
1.If he has not yet done the crime, N293 applies.
2.Num. 35:12.
3.See Sifri Zuta. Kapach, 5731, footnote 34.
Sotah - Chapter Four
Halacha 1
On the fifteenth of Adar, the court attends to the needs of the community at large.1 [At that time,] they check which women should be compelled to drink, so that they can compel them to drink,2 and to which should be given a warning so that they are divorced without receiving [the money due them by virtue of] theirketubah.
A sotah can, [however,] be compelled to drink at any time of the year.3
Halacha 2
Halacha 3
When a sotah says, "I will not drink [the bitter water]," because she is overcome by fear, she has the option of retracting and saying that she will drink the waters. If, however, she says that she will not drink when she is healthy and not affected by fear, she may not change her mind and say that she will drink [the bitter water].6
Halacha 4
If she says, "I will not drink," before the scroll [with God's name] written for her is blotted out, the scroll is entombed. It is not fit to be used for another sotah.7Her meal offering is scattered on the ash heap.8
If she says, "I will not drink [the water]," after the scroll has been blotted out, we take hold of her and force her to drink the water.
Halacha 5
We intimidate her so that she will drink, and we tell her: "My daughter. If you are certain that you are innocent, stand firm. Drink [the water] without fear. For the water can be compared to the powder of a drug placed on the skin. If there is a wound, it will penetrate and descend. If there is no wound, it will have no effect."
Halacha 6
Halacha 7
When the scroll for a sotah is written at night, it is unacceptable, as [implied byNumbers 5:22-25], which states: "[The priest] shall write,... he shall give to drink,... and he shall offer," [establishing an equivalence between these different activities]. Just as the sacrifice must be offered during the daytime,11so too the writing of the scroll and making the woman drink must be performed during the day.12
If [the scroll] is written in non-sequential order, it is not acceptable, [as implied by Numbers 5:23, which] states: "[The priest shall write] these [curses]" - i.e., in sequence.
If he wrote the scroll before she accepted the oath, it is unacceptable, [as implied by ibid.:21-23, which] state: "And he will administer the oath... and he will write."13
Halacha 8
If he wrote it as a letter,14 it is unacceptable, for the verse states "on a scroll." If he writes it on two sheets [of parchment], it is unacceptable, for the verse states "on a scroll" - i.e., one and not two or three.
It may not be written on paper or on untreated parchment,15 but rather on a parchment scroll, [as implied by] the use of the term: "on a scroll." If it is written on paper or on untreated parchment, it is unacceptable.
Halacha 9
If the scroll is written by an Israelite,16 or a priest who is a minor, it is unacceptable, for [Numbers 5:23] states: "And the priest shall write...."
He should not write it with kumos, kankantum,17 or with any other substance that leaves a permanent mark. Instead, he should use ink18 without kankantum, for the verse states: "And he will write and he will blot out." [Implied is that one must] write [with a substance] that can be blotted out. If one writes with a substance that leaves a permanent impression, it is unacceptable.
Halacha 10
If [when the writing of the scroll is being blotted out] any trace of the writing remains, it is unacceptable until it is thoroughly blotted out.
If [the priest] writes one letter and then blots it out, and then writes another letter and blots it out, completing [the writing of the entire scroll in this manner], it is unacceptable. It must be written out completely [at one time to be acceptable].
Halacha 11
If the scroll was not written for the sake of the woman, or it was not blotted out for the sake of the woman, it is unacceptable.
If [a priest] wrote two scrolls, [one for each of] two sotot and blotted them out into the same cup or blotted them out into two cups, but [afterwards] mixed them together in one cup and gave the two women to drink from it, it is unacceptable. Neither of the women drank [only the water in which] her scroll [was blotted out].
If [two scrolls] were blotted out in two different cups, mixed together and then separated again into two different cups, the women should not be given the water to drink. If, however, they were forced to drink [this water], it is acceptable.19
Halacha 12
Halacha 13
[The priest] should not dig with a hatchet [under the floor of] the Sanctuary to remove dust, as [implied by Numbers 5:17]: "the dust that is on the earth of the Sanctuary."28 If one did dig and remove dust, it is acceptable.
Halacha 14
If [the priest] first brought her meal offering and then had her drink the water, it is acceptable.29
If her meal offering became impure before it was placed in a sacred vessel, it should be redeemed like any other meal offering that became impure before being consecrated in a sacred vessel,30 and she should bring another meal offering.31 If the meal offering became impure after being consecrated in a sacred vessel, it should be burned.32
Similarly, if a woman admitted to committing adultery before the fistful of meal was taken from the meal offering,33 she refused to drink [the water],34 her husband was unwilling to have her drink [the water], witnesses came [and testified that she] committed adultery,35 [her husband] died, or she died,36 the entire meal offering should be burned. If any of these things happened after the fistful of meal was offered, the remainder of the meal offering should not be eaten.37
Halacha 15
If [the sotah's] husband was a priest, the remainder of her meal offering should not be eaten, because he has a portion in it.38 It should not, however, be burned on the altar in its entirety, as are other meal offerings brought by male priests, because the woman also has a portion in it.39 Therefore, the fistful [of meal] is offered as a distinct entity, and the remainder is scattered on the ash heap.
Halacha 16
If a man warns his wife against [entering into privacy with] several men, and she entered into privacy with each of the men in question, she is required to bring one meal offering that includes them all when her husband requires her to drink [the bitter water].
[This is implied by Numbers 5:15, which uses a plural term when referring to "the meal offering [brought because of] the warnings" - i.e., one offering can requite several warnings.42
Halacha 17
[Based on the principle of] gilgul [sh'vuah],43 the husband may have the woman include in her oath that she did not commit adultery with the man concerning whom she was given a warning or with any other man, that she did not commit adultery during the time between her consecration and the consummation of the marriage, nor after the consummation.
He may not, however, have her include that she did not engage in relations [with another man] before she was consecrated or between the time she was divorced [and remarried], if she was in fact divorced and remarried. The rationale is that even if she engaged in relations [with other men at that time], she would not be forbidden [to her husband]. And whenever she is not forbidden to him, he cannot make any stipulations regarding her conduct.
For this reason, if a man married his yevamah, he cannot compel her to include in her oath that she did not engage in relations with others while she was waiting for him to perform yibbum.44 He may, however, compel her to include in her oath that she did not commit adultery when married to his brother. For if she committed adultery when married to his brother, she is forbidden to him.
Similarly, if [the husband] divorced his wife and remarried her, he may compel her to include in her oath that she did not commit adultery when married to him originally. Similarly, he may have her include in her oath that she will not commit adultery in the future or that she will not commit adultery if he divorces her and remarries her. [In such an instance,] if she commits adultery in the future, the waters will check her [fidelity], and [if she is guilty,] the physical phenomena [described above] will be visited upon her.
All the above is implied by [the woman's response to the oath, Numbers 5:22]: "Amen, Amen." [This can be interpreted as meaning] Amen with regard to this man; Amen with regard to others. Amen with regard to the time when I was married; Amen with regard to the time when I was consecrated. Amen with regard to the past; Amen with regard to the future.
Halacha 18
It is a mitzvah for Israelites to issue warnings to their wives,45 [as implied byNumbers 5:14] "And he shall warn his wife." [Our Sages said that] whoever issues a warning to his wife has become possessed by a spirit of purity.
A warning should not be issued in a spirit of levity, nor in the midst of conversation, nor with frivolity, nor in the midst of an argument, nor with the purpose of instilling fear.
If, however, a man transgressed and issued a warning to his wife under such circumstances, the warning is binding.
Halacha 19
It is not proper for a man to rush and at the outset issue a warning in the presence of witnesses.46 Instead, he should [first speak to his wife] privately and gently, in a spirit of purity and caution, in order to guide her to the proper path and remove obstacles.
Whenever a person is not careful regarding [the conduct of] his wife, his sons and the members of his household, warning them,47 and scrutinizing their ways at all times so that he knows that they are perfect without sin or transgression, he is himself a sinner, as [implied by Job 5:24]: "And you shall know that your tent is at peace and scrutinize your dwelling, and you shall not sin."48
| FOOTNOTES | |
| 1. |
See Hilchot Arachin 8:1, Hilchot Kilayim 2:15, and Hilchot Rotzeach 8:6, where reference is made to various services performed by the court at that time.
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| 2. |
The commentaries note that the court cannot actually compel a woman to drink the bitter water. All it can do is issue a warning so that she will become forbidden to her husband, as stated in Chapter 1, Halachot 10:11.
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| 3. |
I.e., although the court pays attention to this matter in Adar, it is possible for a sotah to be compelled to drink at any time of the year. See Hilchot Sh'vitat Yom Tov 7:11, which states that it was customary to have a sotah drink the bitter water during Chol HaMo'ed when there will be many people visiting the Temple.
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| 4. |
See Halachah 7.
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| 5. |
The commentaries note that there is no verse in the Torah that uses the wording cited by the Rambam. There are, however, several from which it could be implied that only one sotah should be compelled to drink at one time.
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| 6. |
Her original refusal to drink the waters is interpreted as an admission of guilt that cannot be retracted.
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| 7. |
For every scroll must be written for the sake of the woman who drinks its waters, as stated in Chapter 3, Halachah 8. See also Halachah 11 of this chapter.
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| 8. |
The "ash heap" was a place in the Temple Courtyard, east of the altar, where sacrifices that became disqualified were burned. Rashi (Sotah 20a) states that this offering also had to be burned.
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| 9. |
She is not compelled to drink them. At the outset, their purpose was to determine whether or not she was innocent. Through her admission, that determination was made (Rashi, Sotah 20a).
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| 10. |
Although God's name was blotted out in it, this does not endow it with holiness.
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| 11. |
As must all sacrifices.
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| 12. |
Significantly, in his Commentary on the Mishnah (Sotah 2:4), the Rambam quotes a different proof-text as the source for this concept.
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| 13. |
I.e., in that order.
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| 14. |
The Kessef Mishneh quotes Rashi (Sotah 17b) as stating that this means without having the lines of the scroll ruled (sirtut) before it is written.
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| 15. |
For a more detailed definition of the term the Rambam uses, see Hilchot Tefillin 1:6.
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| 16. |
I.e., a person other than a priest.
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| 17. |
In his Commentary on the Mishnah, Gittin 2:3, the Rambam mentions Arabic terms for these words. Rav Kapach explains the meaning as follows: Kumos and kankantum are two similar substances, yellow and green powders, which when mixed with gallnut juice produce a black substance. Others translate kumos as gum or resin and kankantum as vitriol or atramentum sutorum.
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| 18. |
See Hilchot Tefillin 1:4, which describes how ink was made.
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| 19. |
Sotah 18a states that the decision in this instance resolves around the question of bererah - i.e., the idea that retroactively it can be considered that an activity was performed originally with an intent that becomes clarified only afterwards.
There is an unresolved debate among the Sages if the principle of bererah is accepted with regard to questions of Scriptural law, and therefore, the more stringent approach is taken. In this instance, this implies that God's name should not be blotted out a second time.
Note the Minchat Chinuch, who asks how this questionable drinking of the water is considered sufficient to release a woman from the prohibition she incurred after violating her husband's warning and entering into privacy with the man in question.
Note also that Halachah 2 states that two sotot should not be forced to drink at the same time.
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| 20. |
This is not a continuation of the previous subject, but rather deals with an ordinary instance in which water was prepared for one sotah.
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| 21. |
We do not say that God's name should not be blotted out a second time because of one woman.
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| 22. |
For at the outset, the woman must drink all the water in which her scroll was blotted out.
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| 23. |
Sotah (ibid.) also leaves this as an unresolved question. Since there is no binding decision that it is acceptable, the Rambam rules as above, that one may not blot out God's name in such a situation.
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| 24. |
Since it came from the basin - and was measured in a sacred vessel - it must be used on the day on which it was taken. See Hilchot Pesulei HaMukdashin, ch. 3.
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| 25. |
Mentioned in Chapter 3, Halachah 10.
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| 26. |
Although in some halachic contexts (see Hilchot Shechitah 14:13) ash is considered to be dust, in this instance, the phrase "from the dust that is on the earth of the Tabernacle" implies a similarity between dust and earth (Sotah 16a).
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| 27. |
Our translation follows Sotah 16b. The Meiri states that this refers to rotten wood.
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| 28. |
I.e., that it existed there previously (Sotah 15b).
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| 29. |
Although this deviates from the order stated in Chapter 3, Halachah 15, Sotah 19a states that this order is also acceptable, after the fact.
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| 30. |
See Hilchot Issurei Mizbe'ach 6:5. In such an instance, although the meal has been designated for use as a sacrifice, since it has not been placed in a sacred vessel, its actual substance has not become consecrated.
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| 31. |
With the money received from redeeming the first one.
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| 32. |
Since it was placed in a sacred vessel, it became consecrated. Consequently, once it became impure it must be burned, as stated in Hilchot Pesulei Hamukdashim 19:1.
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| 33. |
The meal offering must be burned, because the offering of a sotah is acceptable only when it is being used to test the fidelity of a woman. Once she has admitted her guilt, that is unnecessary. Nor may it be offered as a voluntary offering, for a sotah's offering is of barley meal, and voluntary offerings may be brought from wheat only, but not from barley.
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| 34. |
See Halachah 4.
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| 35. |
In this instance as well, the question of the woman's fidelity has been clarified.
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| 36. |
As stated above, the purpose of the offering is to test the woman's fidelity and thus allow her to resume relations with her husband. If that objective is no longer relevant, as in the latter two instances mentioned in the halachah, the offering is not brought.
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| 37. |
Many authorities maintain that a printer's error has crept into the text and the text should read "the remainder is eaten." Nevertheless, the majority favor the version stated above.
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| 38. |
As stated in Leviticus 6:15, a meal offering brought by a priest should not be eaten, but instead burned on the altar.
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| 39. |
The meal offerings brought by priests are offered on the altar entirely, without a fistful of meal being separated. For a meal offering brought by a non-priest to be acceptable, by contrast, the fistful of meal must be separated and burned as a distinct entity. See Hilchot Ma'aseh HaKorbanot12:12.
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| 40. |
The term used by the Rambam (and his source, Sotah 6b) refers to hazamah, when the testimony of the witnesses is disqualified because others testify that they and the witnesses were together in another place at the time the witnesses say the act took place. Seemingly, the same law would apply if the witnesses' testimony was disqualified on other grounds.
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| 41. |
It need not be redeemed. The rationale is that it was consecrated based on a false premise - that the woman had entered into privacy with the man in question. Whenever an entity is consecrated on a false premise, the consecration is not binding.
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| 42. |
The commentaries have questioned why the Rambam quotes the derivation of this concept from the Midrash (Sifre Zuta), instead of citing the Talmud (Keritot 9b), which cites a different proof-text.
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| 43. |
Gilgul Sh'vuah implies that when taking an oath on one claim, a person may be required to include a variety of related claims in that oath. See Hilchot To'en V'Nit'an 1:12.
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| 44. |
For even if she did engage in relations with another man at that time, she would not be forbidden to her yavam (Hilchot Yibbum 2:20).
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| 45. |
Sotah 3a records a difference of opinion regarding this matter between Rabbi Akiva and Rabbi Yishmael. Rabbi Akiva states, as the Rambam rules here, that a man is obligated to issue a warning, while Rabbi Yishmael maintains that the matter is optional. Other commentaries note that the first mishnah in the tractate of Sotah appears to indicate that it is forbidden for a husband to issue a warning. (This concept is derived as follows: The mishnah begins: "When a man issued a warning...." From this wording, our Sages infer that the mishnah is speaking after the fact. At the outset, a warning should not be given.)
Significantly, Rabbi Akiva was noted for his love of his fellow man, as he stated: "'Love your fellow man as yourself,'... this is a great general principle within the Torah." This implies - and so is evident from the continuation of the Rambam's words - that the warning is not an instrument of strife, but rather is intended to prompt love and closeness.
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| 46. |
For this is likely to cause shame and embarrassment and prevent healthy communication between husband and wife. If, however, a warning that was delivered gently and in private is not effective, then the husband should warn his wife in the presence of witnesses.
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| 47. |
I.e., giving them gentle warnings, as mentioned in the first clause of this halachah.
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| 48. |
One may infer that failing to invest oneself in such scrutiny is sinful.
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Rotzeach uShmirat Nefesh - Chapter Two
Halacha 1
Whenever a person kills a colleague with his hands - e.g., he strikes him with a sword or with a stone that can cause death, strangles him until he dies or burns him in fire - he should be executed by the court, for he himself has killed him.
Halacha 2
But a person who hires a murderer to kill a colleague, one who sends his servants and they kill him, one who binds a colleague and leaves him before a lion or the like and the beast kills him, and a person who commits suicide are all considered to be shedders of blood; the sin of bloodshed is upon their hands, and they are liable for death at the hands of God. They are not, however, liable for execution by the court.
Halacha 3
Which source indicates that this is the law? Genesis 9:6 states: "When a person sheds the blood of a man, by a man his blood shall be shed." This refers to a person who kills a colleague by himself, without employing an agent.
The verse continues: "Of the blood of your own lives I will demand an account." This refers to a person who commits suicide.6
"From the hand of every wild beast will I demand an account" Ibid. 9:5 This refers to a person who places a person before a wild beast so that he will devour him.
"From the hand of a man, from the hand of one's brother, will I demand an account for the soul of a man" ibid.. This refers to a person who hires others to kill a colleague. In all of the three last instances, the verse uses the expression "will I demand an account," indicating that their judgment is in heaven's hands.
Halacha 4
When a Jewish king desires to slay any of these murderers and the like - who are not liable for execution by the court - by virtue of his regal authority, in order to perfect society, he has the license.
Similarly, if the court desires to execute them as a result of a immediate fiat, because this was required at the time, they have the license to do as they see fit.
Halacha 5
If the king did not execute them, nor did the court deem the time as such to require strengthening the strictures against murder, it should nevertheless have the murderer beaten with severe blows - so that he is on the verge of death - and imprisoned, deprived and afflicted with all types of discomfort in order to strike fear and awe into the hearts of other wicked men, so that this death should not be a stumbling block and a snag for them, causing them to say: "Let me arrange to have my enemies killed the way so-and-so did, and I will not suffer the consequences."
Halacha 6
Whether a person kills an adult or an infant that is one day old, a male or a female, he should be executed if he killed him intentionally, or exiled if he killed him unintentionally.
With regard to an infant, the above applies provided it was born after a full term pregnancy. If, however, it was born before nine months passed, it is considered to be an inviable birth until it lives for 30 days. If it is killed within those 30 days, the killer should not be executed.
Halacha 7
Whether a person kills a healthy person, a sick person who is on the verge of dying, or even a person in his actual death throes, the killer should be executed. If, however, one kills a person in his death throes because of wounds inflicted upon him by others - i.e., he was stricken until he was on the verge of death, and he is in his death throes, the killer should not be executed by the court.
Halacha 8
When, by contrast, a person is considered trefah,even though he eats, drinks and walks in the market place, one is not held liable by an earthly court for killing him.
Every person is presumed to be physically sound, and a person who kills him should be executed unless it is certainly known that he is a trefah, and the physicians say that his infirmity does not have any remedy for humans and it will surely cause his death, if no other factor does first.
Halacha 9
When a person who is a trefah kills another man, he should be killed, as reflected by Deuteronomy 19:19, which states: "And you shall destroy the evil from among your midst."
When does this apply? When he committed the murder in the presence of a court. If, however, he committed the murder in the presence of witnesses, he is not liable. The rationale is that the witnesses may be disqualified throughhazamah. And if they are disqualified through hazamah, they will not be punished by execution, for they intended merely to have a person who wastrefah executed. And whenever the laws of hazamah cannot be applied to testimony, it is not considered to be valid testimony in capital cases.
Halacha 10
If a person kills either a Jew or a Canaanite servant, he should be executed. If he kills inadvertently, he should be exiled.
Halacha 11
At first, a person who killed a resident alienshould not be executed by the court, as implied by Exodus 21:14, which introduces the laws regarding the punishment for murder, by stating: "When a man acts intentionally against his colleague, killing him...." Needless to say, this ruling applies with regard to a gentile.
Whether a person kills his own Canaanite servant or a servant belonging to someone else, he should be executed. For a servant has accepted the yoke of mitzvot and has been added to "the heritage of God."
Halacha 12
What is the difference between killing one's own Canaanite servant and a servant belonging to someone else? With regard to one's own servant, one has the right to strike him. Thus, if one strikes him with a blow that is sufficient to cause death, and he is on the verge of dying, but survives for 24 hours and dies afterwards, the owner should not be executed, although the servant died because of the blow, as Exodus 21:21 states: "But if he survives for a day or two, he shall not be avenged, for he is his property."
What is the intent of the phrase "for a day or two"? A day that is like two days - i.e., a full 24-hour cycle.
Halacha 13
Different rules apply when, by contrast, one strikes a Canaanite servant who belongs to another person. If one strikes him with a blow sufficient to kill, one may be executed for killing him, as one would be executed for killing any free Jew, even if he does not die because of the blow until several days have passed.
Halacha 14
It appears to me that when a person strikes his servant with a knife, a sword, a stone, a fist or the like, and it was assessed that he would die, and he did die, the leniency granted if the servant survives more than 24 hours does not apply. Instead, even if the servant dies a year later, the owner should be executed because of the servant's death.
To underscore this point, Exodus 21:20 mentions striking the servant "with a rod." For the Torah has granted the owner permission to beat his servant only with a rod, a staff, a strap or the like, and he may not strike him with murderous blows.
Halacha 15
The following rules apply when a person sells his servant and stipulates that the servant must continue to serve him for 30 days - and in those 30 days, either the seller or the purchaser strikes the servant - the leniency granted if the servant survives more than 24 hours does not apply, neither to the seller nor to the purchaser, and the killer should be executed.
The rationale is that the servant no longer is the personal "property" of the seller, nor has he entered the domain of the purchaser.
Halacha 16
Similarly, if a person is half servant and half free,or there is a servant belonging to two partners, and the owner or one of the owners strikes and kills the servant, the leniency granted if the servant survives more than 24 hours does not apply. For in these cases, there is not an owner who owns the servant as his personal "property." Therefore, the owner should be executed, as would any other person.
Rotzeach uShmirat Nefesh - Chapter Three
Halacha 1
The following rule applies when a person strikes a colleague intentionally with a stone or a piece of wood and causes his death. We assess the object with which he was struck, and the place where he was struck, and determine whether or not it is likely that such an article would cause death when used to give a blow in such a place.
This is implied by Numbers 35:17-18, which states: "If he struck him with a fist-sized stone that could cause death... or if he struck him with a fist-sized wooden article that could cause death." "That could cause death" teaches that the murder weapon must be such that would likely cause him to die.
Striking a person on his heart cannot be compared to striking him on his thigh.
Halacha 2
Since the verse states "That could cause death," this phrase also implies that we assess the place where the victim was struck.
Just as we assess the object with which he was struck, and the place where he was struck, we also assess the force of the blow. This is implied by the phrase (Ibid.): "a fist-sized stone," from which we infer that we evaluate the force of the hand. For one cannot compare a person who throws a stone at his colleague from a distance of two cubits to one who throws a stone from a distance of ten cubits. At ten cubits, the stone will have more force. Nor can one compare a person who throws a stone at his colleague from a distance of ten cubits to one who throws a stone from a distance of 100 cubits. For over an extended distance, the force of the blow will be diminished.
Halacha 3
Similarly, the blow itself and the power of the killer and the victim should be assessed: Is he large or small? Is he strong or weak? Is he healthy or sickly? These and all similar questions should be investigated. This is all implied by the phrase: "That could cause death." It teaches that all the factors involved in the person's death should be assessed.
Halacha 4
The Torah did not mention a minimum size with regard to an iron object, asNumbers 35:16 states: "If he struck him with an iron utensil and he dies, he is a murderer." This applies even to a needle, provided the object is pointed like a needle, a spit, a knife or the like.
If, however, a person strikes a colleague with a hunk of metal or the like, we evaluate the blow as we would evaluate it if it had been dealt with a piece of wood or a stone.
Halacha 5
When a person strikes a colleague without an object and kills him - e.g., he strikes him with his hand or foot or butts him with his head and kills him - we should assess the force of the blow, the strength of the victim and the place where the blow was given. One cannot compare a person poking at a colleague with his finger to one who kicks his colleague with all his strength. Nor can one compare a blow given on the heart to a blow given in the groin. Nor can one compare a weak person who strikes a healthy, strong person to a healthy, strong person who strikes a weak or sickly person.
Halacha 6
What is the source that teaches that an assessment must be made in such an instance? Numbers 35:21 states: "Or if he maliciously strikes him with his hand and he dies, the one who strikes him shall certainly die." Although it mentions "with his hand," the verse also states that the blow must be given "maliciously." Implied is that we assess the force of the blow.
Halacha 7
Similarly, when a person pushes a colleague from a rooftop, causing him to fall and die, we assess the height of the place from which he pushed him and the strength of the person who was pushed. For an infant who fell cannot be compared to an adult who fell.
What is the source that teaches that we must assess the height from which the victim fell? Numbers 35:20 states: "If he pushes him down with hatred."
It appears to me that any place that is not more than ten handbreadths high is not considered of sufficient height to kill, as explained with regard to an animal that fell into a cistern.
Halacha 8
The same laws apply if a person strikes a colleague with a stone, a block of wood, a clod of earth, a block of salt or sulfur, or a basket full of dust or pebbles, or even if he strikes him with a cake of dried figs. This is implied by the phrase "That could cause death" - i.e., anything that may cause death. And it is the weight of the object that makes it fit to cause death.
Halacha 9
When a person pushes a colleague into water or into a fire, an assessment should be made. If the person could ascend, the one who pushed him is not liable for execution. If he could not ascend, the one who pushed him is liable.
Similarly, if one held a colleague in water or in fire until he did not have any strength to ascend, and the colleague died, the one who held him is liable, even if he did not push him there at the outset.
Similarly, a person is liable for execution in all of the following instances: he held his hand over a colleague's mouth and nose until he left him in his death throes, unable to live; he bound a colleague and left him in the sun or the cold until he died; he built an airtight construction over him that prevented air from coming in; he placed a colleague in a house or a cave and filled it with smoke until he died; or he placed a colleague in an airtight marble building and lit a candle, causing the colleague to die because of the lack of air. In all of these instances, the person who caused the victim's death is executed; it is as if he had strangled him by hand.
Halacha 10
Different rules apply, however, in the following instances: A person binds a colleague and leaves him to starve to death; he binds him and leaves him in a place that will ultimately cause him to be subjected to cold or heat, and these influences indeed come and kill the victim; he covers him with a barrel; he uncovers the roof of the building where he was staying; or he causes a snake to bite him. Needless to say, a distinction is made if a colleague dispatches a dog or a snake at a colleague. In all the above instances, the person is not executed. He is, nevertheless, considered to be a murderer, and "the One who seeks vengeance for bloodshed" will seek vengeance for the blood he shed.
Halacha 11
Similarly execution is not required in the following instances. A person pushed his colleague into a cistern and there was a ladder that he could have used to climb out, or he shot an arrow at him, but he was holding a shield with which he could protect himself - and another person came and took away the ladder or the shield. Neither of the two is executed by the court.
Moreover, even if the person who pushed the victim is himself the one who takes away the ladder, he is not liable for execution. God will, however, seek him out and avenge the bloodshed.
Halacha 12
When a person throws a stone against a wall, and the stone rebounds and kills a person, the thrower of the stone is liable for execution by the court. For it was propelled by the power of the person who threw it.
A similar principle applies with regard to a person playing with a ball, who was given a warning and caused death by throwing it. If the victim was within four cubits of the wall, he is not liable. If the victim was beyond four cubits away, even if he was standing at the end of a distance of 100 cubits, the thrower is liable, provided the ball is of sufficient weight to kill, as explained.
Halacha 13
If a person threw a stone upward and it went to the side and caused death, the one who threw it is liable.
If a person binds a colleague and puts him in a place where he cannot flee, and then turns a current of water on him, causing him to die, the killer should be executed. This law applies provided the victim dies from the first burst of water that flows because of his deeds.
Rotzeach uShmirat Nefesh - Chapter Four
Halacha 1
A person who intended to kill one person and instead killed another is not liable - neither for execution by the court, nor for financial liability, nor for exile.
He is not liable for exile because the cities of refuge will not serve as protection for him, as will be explained.
Therefore, a person who throws a stone into a group of Jews without the intent of killing any specific person is not liable for execution by the court, even though he in fact kills a person.
Halacha 2
Similarly, a killer is not held liable for execution in the following instances. He intended to strike a colleague on his loins, and the utensil was not sufficient to kill if it struck a person on his loins, but it instead struck him on his heart and he died. Or a person intended to strike a colleague on his heart, and the blow was sufficient to kill had it struck him on the heart, but instead it struck the victim on his loins and it was not sufficient to kill an ordinary person if it struck him on his loins, but this person died. In these instances, the killer is not liable for execution by the court, nor is he exiled, because a person who kills intentionally is never exiled.
If, however, he intended to strike him on his loins, and the blow was sufficient to kill him if it struck him on his loins, but it struck him on his heart, killing him, the killer should be executed. Similar principles apply in all analogous instances.
Halacha 3
When a person strikes a colleague with a stone or a fist in a manner that could cause his death, but he does not die immediately, an assessment should be made.
If the judges assess that the victim would live, the person who struck the blow is liable only to pay the five damages awarded to a person who is injured, and he is released. Even if the victim falls ill, and his situation becomes more serious and ultimately he dies, the person who struck the blow is not held liable.
If the judges assess that the victim would die, they should imprison the person who struck the blow immediately and wait to see the outcome. If the victim does die, the person who struck the blow should be executed. If, however, the victim's condition improves, and he becomes healed entirely to the extent that he walks in the marketplace on his feet like other healthy people, the person who struck the blow should pay the damages and should be released.
Halacha 4
The Torah's expression על משענתו does not mean that he should walk while supported by a staff or by another person. For even a person who is on the verge of dying can walk leaning on a support. Instead, the intent in this verse is that he walk supported by his own power, without relying on any other factor for support.
Halacha 5
If it was assessed that the victim would die, and afterwards his condition improved, but then deteriorated, and ultimately he died, the killer should be executed. We do not make a second assessment after the victim's condition improves, for there is a basis for the assumption that he died because of the original blow.
Halacha 6
If ten people strike a person with ten different sticks and he dies, they are all not held liable for execution by the court.This law applies regardless of whether they struck him one after the other or they struck him at the same time.
These concepts are derived from Leviticus 24:17: "If he strikes any person mortally he should be put to death." כל translated as "any" also means "all." Implied is that death is not required unless one person alone is entirely accountable for the person's death.
The same law applies if two people push a colleague into water or hold him there, or several people are sitting together and an arrow emerges from their company and kills; none is held liable for execution.
Halacha 7
A different ruling is rendered in the following instance. Ten people threw stones at a person one after the other, and none of the stones was of sufficient weight to cause death. Afterwards, another person cast a stone that was of sufficient weight to cause death and the victim died. The last person who threw the stone should be executed.
If a murderer who was sentenced to execution becomes intermingled with other people, they are all absolved. Similarly, when a murderer who was not convicted becomes intermingled with other murderers who were sentenced to execution, none should be executed. The rationale is that judgment can be passed on a person only in his presence. All the killers should, however, be imprisoned.
Halacha 8
The following laws apply when a person kills people, but the witnesses did not observe his act together - instead one saw him after the other did: a person killed in the presence of witnesses, but a warning was not given; or the witnesses to a murder contradicted each other with regard to the fine points of the testimony, but not with regard to the fundamental questions.
All those murderers should be forced to enter a kipah.There they are fed parched bread and small amounts of water until their digestive tract contracts. Then they are fed barley until their bellies burst because of the extent of the sickness and they die.
Halacha 9
This measure is not taken with regard to other crimes punishable by execution by the court. If a defendant is liable for execution, he should be executed. If he is not liable for execution, he should be released.
Although there are other sins that are more serious than murder, they do not present as serious a danger to society as murder does. Even idol worship - and needless to say, incest or the violation of the Sabbath - are not considered as severe as murder. For these sins involve man's relationship with God, while murder also involves man's relationship with his fellow man.
Whoever commits this sin is an utterly wicked person. All the mitzvot that he performs throughout his lifetime cannot outweigh this sin and save him from judgment. Thus, Proverbs 28:17 states: "A man weighed down with life's blood will flee to the pit."
Come and learn from the example of Ach'av King of Israel. He was an idolater so debased in his paganism that I Kings 21:25 says: "There was none like Ach'av who gave himself over to the performance of wickedness in the eyes of God." And yet when his merits and sins were weighed in the presence of the Lord of spirits, there was no sin that warranted his destruction and was not counterbalanced by a positive quality, except the blood of Navot.
Thus, it is written Ibid. 22:21, in the description of the prophecy of Ach'av's death in battle: "And the spirit came and stood before God." Our Sages commented:: "This is the spirit of Navot." And God told the spirit (Ibid.:2): "You will persuade him and prevail."
Now this wicked man Ach'av did not actually kill his victim with his own hands; he merely brought about his death. How much more so this condemnation should apply when a person kills another with his own hands.
Halacha 10
It is a mitzvah to kill minim and apikorsim.
The term minim refers to Jewish idolaters or those who perform transgressions for the sake of angering God, even if one eats non-kosher meat for the sake of angering God or wears sha'atnez for the sake of angering God.
The term apikorsim refers to Jews who deny the Torah and the concept of prophecy.
If there is the possibility, one should kill them with a sword in public view. If that is not possible, one should develop a plan so that one can cause their deaths.
What is implied? If one sees such a person descend to a cistern, and there is a ladder in the cistern, one should take the ladder, and excuse oneself, saying: "I must hurry to take my son down from the roof. I shall return the ladder to you soon." Similarly, one should devise other analogous plans to cause the death of such people.
Halacha 11
With regard to a gentile idolater with whom we are not at war, a Jewish shepherd of small livestock, and the like, by contrast, we should not try to cause their deaths. It is, however, forbidden to save their lives if their lives are threatened. For example, if such a person fell into the sea, one should not rescue him. Leviticus 19:16] states: "Do not stand idly by while your brother's blood is at stake." This does not apply with regard to such individuals, because they are not "your brothers."
Halacha 12
When does the above apply? With regard to a Jew who sins and perseveres in his wickedness, continually repeating it - e.g., shepherds of small livestock who show no consideration for the prohibition against robbery and continue in their perversity.
When, by contrast, a Jew commits transgressions, but does not maintain his wickedness continually, merely occasionally sinning for his own personal satisfaction - e.g., one who eats non-kosher food for pleasure - it is a mitzvah to save his life, and it is forbidden to stand idly by when his life is threatened.
• Sunday, Elul 15, 5775 · 30 August 2015
"Today's Day"
Wednesday Elul 15 5703
Torah lessons: Chumash: Tavo, Revi'i with Rashi.
Tehillim: 77-78. Also 43-45.
Tanya: But it is (p. 465) ...and metaphor. (p. 469).
The founding of Yeshivat Tomchei T'mimim was on Sunday, Elul 15, 5657 (1897).
The beginning of studies in Talmud and Chassidus was on Wednesday, Elul 18, 5657 (1897).
On Simchat-Torah-eve, 5659 (1898), after hakafot, my father proclaimed: The name of the Yeshiva is Tomchei T'mimim, and the students who study and conduct themselves in its spirit are to be called t'mimim.
Daily Thought:
Time Travel
To change the past, there is no need to travel in a time machine. Everything can be done by remote control.
Here’s how it works: From beyond the continuum of time, its Creator looks at where your spaceship is heading right now. From that point, He creates all its trajectory—through the future and through the past.
Switch the direction your past is sending you. Soon enough, it becomes a different past.[Maamar Padah B’Shalom 5738.]
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