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 13 Chapter 14 Chapter 15
Psalms 13:(0) For the leader. A psalm of David:
2 (1) How long, Adonai?
Will you forget me forever?
How long will you hide your face from me?
3 (2) How long must I keep asking myself what to do,
with sorrow in my heart every day?
How long must my enemy dominate me?
4 (3) Look, and answer me, Adonai my God!
Give light to my eyes, or I will sleep the sleep of death.
5 (4) Then my enemy would say, “I was able to beat him”;
and my adversaries would rejoice at my downfall.
6 (5) But I trust in your grace,
my heart rejoices as you bring me to safety.
(6) I will sing to Adonai, because he gives me
even more than I need.
14:(0) For the leader. By David:
(1) Fools say in their hearts,
“There is no God.”
They deal corruptly, their deeds are vile,
not one does what is right.
2 From heaven Adonai observes humankind
to see if anyone has understanding,
if anyone seeks God.
3 But all turn aside, all alike are corrupt;
no one does what is right,
not a single one.
4 Don’t they ever learn,
all those evildoers,
who eat up my people as if eating bread
and never call on Adonai?
5 There they are, utterly terrified;
for God is with those who are righteous.
6 You may mock the plans of the poor,
but their refuge is Adonai.
7 How I wish Isra’el’s salvation
would come out of Tziyon!
When Adonai restores his people’s fortunes,
Ya‘akov will rejoice, Isra’el will be glad!
15:(0) A psalm of David:
(1) Adonai, who can rest in your tent?
Who can live on your holy mountain?
2 Those who live a blameless life,
who behave uprightly,
who speak truth from their hearts
3 and keep their tongues from slander;
who never do harm to others
or seek to discredit neighbors;
4 who look with scorn on the vile,
but honor those who fear Adonai;
who hold to an oath, no matter the cost;
5 who refuse usury when they lend money
and refuse a bribe to damage the innocent.
Those who do these things
never will be moved.
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:
• First Chassidic Aliya (1777)
The first Chassidic aliyah ("ascent" - immigration to the Holy Land), led by Rabbi Menachem Mendel of Vitebsk, Rabbi Abraham of Kalisk and Rabbi Yisroel of Polotzk, reached the Holy Land on Elul 5 of the year 5537 from creation (1777 CE). They were all disciples of the 2nd leader of the Chassidic movement, Rabbi DovBer, the "Maggid of Mezeritch" (who had passed away five years earlier) and colleagues of Rabbi Schneur Zalman of Liadi, founder of Chabad. Initially, Rabbi Schneur Zalman was part of the group; but when the caravan reached the city of Moholiev on the Dnester River, Rabbi Menachem Mendel -- whom Rabbi Schneur Zalman regarded as his teacher and mentor after the Maggid's passing -- instructed him to remain behind to serve as the leader of the Chassidic community in White Russia and Lithuania. Rabbi Schneur Zalman retained close ties with the settlers in the Land of Israel and labored to raise funds for their support.
Daily Quote:
I learned the meaning of love from a drunk. I once passed two drunks drinking in a gutter and overheard the following conversation between them:
Drunk #1: "I love you!"
Drunk #2: "No you don't."
Drunk #1: "Yes, yes, I do. I love you with all my heart."
Drunk #2: "No you don't. If you love me, why don't you know what hurts me?"[Rabbi Levi Yitzchak of Barditchov]
Daily Study:
Chitas and Rambam for today:
Chumash: Shoftim, 5th Portion Deuteronomy 18:14-19:13 with Rashi
• Chapter 18
14For these nations, which you are to possess, hearken to diviners of [auspicious] times and soothsayers, but as for you, the Lord, your God, has not given you [things] like these. ידכִּי | הַגּוֹיִם הָאֵלֶּה אֲשֶׁר אַתָּה יוֹרֵשׁ אוֹתָם אֶל מְעֹנְנִים וְאֶל קֹסְמִים יִשְׁמָעוּ וְאַתָּה לֹא כֵן נָתַן לְךָ יְהֹוָה אֱלֹהֶיךָ:
[But…] the Lord your God has not given you: to hearken to diviners of auspicious times and soothsayers, for He caused His Divine Presence to rest upon the prophets and upon the Urim and Tummim. — [Targum Jonathan] לא כן נתן לך ה' אלהיך: לשמוע אל מעוננים ואל קוסמים שהרי השרה שכינה על הנביאים ואורים ותומים:
15A prophet from among you, from your brothers, like me, the Lord, your God will set up for you you shall hearken to him. טונָבִיא מִקִּרְבְּךָ מֵאַחֶיךָ כָּמֹנִי יָקִים לְךָ יְהֹוָה אֱלֹהֶיךָ אֵלָיו תִּשְׁמָעוּן:
[A prophet] from among you, from your brothers, like me: This means: Just as I am among you, from your brothers, so will He set up for you [another prophet] in my stead, and so on, from prophet to prophet. מקרבך מאחיך כמוני: כמו שאני מקרבך מאחיך יקים לך תחתי, וכן מנביא לנביא:
16According to all that you asked of the Lord, your God, in Horeb, on the day of the assembly, saying, "Let me not continue to hear the voice of the Lord, my God, and let me no longer see this great fire, so that I will not die." טזכְּכֹל אֲשֶׁר שָׁאַלְתָּ מֵעִם יְהֹוָה אֱלֹהֶיךָ בְּחֹרֵב בְּיוֹם הַקָּהָל לֵאמֹר לֹא אֹסֵף לִשְׁמֹעַ אֶת קוֹל יְהֹוָה אֱלֹהָי וְאֶת הָאֵשׁ הַגְּדֹלָה הַזֹּאת לֹא אֶרְאֶה עוֹד וְלֹא אָמוּת:
17And the Lord said to me, "They have done well in what they have spoken. יזוַיֹּאמֶר יְהֹוָה אֵלָי הֵיטִיבוּ אֲשֶׁר דִּבֵּרוּ:
18I will set up a prophet for them from among their brothers like you, and I will put My words into his mouth, and he will speak to them all that I command him. יחנָבִיא אָקִים לָהֶם מִקֶּרֶב אֲחֵיהֶם כָּמוֹךָ וְנָתַתִּי דְבָרַי בְּפִיו וְדִבֶּר אֲלֵיהֶם אֵת כָּל אֲשֶׁר אֲצַוֶּנּוּ:
19And it will be, that whoever does not hearken to My words that he speaks in My name, I will exact [it] of him. יטוְהָיָה הָאִישׁ אֲשֶׁר לֹא יִשְׁמַע אֶל דְּבָרַי אֲשֶׁר יְדַבֵּר בִּשְׁמִי אָנֹכִי אֶדְרשׁ מֵעִמּוֹ:
20But the prophet who intentionally speaks a word in My name, which I did not command him to speak, or who speaks in the name of other gods, that prophet shall die. כאַךְ הַנָּבִיא אֲשֶׁר יָזִיד לְדַבֵּר דָּבָר בִּשְׁמִי אֵת אֲשֶׁר לֹא צִוִּיתִיו לְדַבֵּר וַאֲשֶׁר יְדַבֵּר בְּשֵׁם אֱלֹהִים אֲחֵרִים וּמֵת הַנָּבִיא הַהוּא:
which I did not command him to speak: But which I commanded his fellow prophet [to speak]. אשר לא צויתיו לדבר: אבל צויתיו לחבירו:
or who speaks in the name of other gods: Even though his words coincide with the halachah [Jewish law], forbidding what is forbidden or permitting what is permissible. — [San. 89a] ואשר ידבר בשם אלהים אחרים: אפילו כיון את ההלכה, לאסור את האסור ולהתיר את המותר:
[That prophet] shall die: By strangulation. Three [sinful prophets] are executed by man [i.e., by the court]: One who prophesies what he has not heard, one who prophesies what was not told to him but was told to his fellow [prophet], and one who prophesies in the name of a pagan deity. However, one who suppresses his prophecy [i.e., does not announce it], or one who transgresses the words of a prophet, or a prophet who transgresses his own words [of prophecy]-their death is by the hands of Heaven, for it is said (verse 19), “ I shall exact [it] from him.” - [San. 89a] ומת: בחנק. שלשה מיתתן בידי אדם, המתנבא מה שלא שמע ומה שלא נאמר לו ונאמר לחבירו, והמתנבא בשם עבודה זרה. אבל הכובש את נבואתו והעובר על דברי נביא והעובר על דברי עצמו מיתתן בידי שמים, שנאמר (פסוק יט) אנכי אדרוש מעמו:
21Now if you say to yourself, "How will we know the word that the Lord did not speak?" כאוְכִי תֹאמַר בִּלְבָבֶךָ אֵיכָה נֵדַע אֶת הַדָּבָר אֲשֶׁר לֹא דִבְּרוֹ יְהֹוָה:
Now if you say to yourself, [“How will we know the word the Lord did not speak?”]?: [This verse alludes to a future time when Israel will want to know which prophet is speaking the word of God. It means:] You are destined to say this when Hananiah, the son of Azzur [a false prophet], came and prophesied, “Behold the vessels of the house of the Lord will be returned from Babylon now hastily” (Jer. 27:16), and Jeremiah stood and cried (Jer. 27:19-22), “concerning the pillars, concerning the sea,… and concerning the remainder of the vessels…” which had not been exiled, ‘they shall be brought to Babylon’ "together with the exile of Zedekiah. — [Sifrei] וכי תאמר בלבבך: עתידין אתם לומר, כשיבא חנניא בן עזור ומתנבא הנה כלי בית ה' מושבים מבבלה עתה מהרה (ירמיה כז, טז) וירמיהו עומד וצווח על העמודים ועל הים ועל יתר הכלים שלא גלו עם יכניה, בבלה יובאו (שם כז, כב) עם גלות צדקיהו:
22If the prophet speaks in the name of the Lord, and the thing does not occur and does not come about, that is the thing the Lord did not speak. The prophet has spoken it wantonly; you shall not be afraid of him. כבאֲשֶׁר יְדַבֵּר הַנָּבִיא בְּשֵׁם יְהֹוָה וְלֹא יִהְיֶה הַדָּבָר וְלֹא יָבֹא הוּא הַדָּבָר אֲשֶׁר לֹא דִבְּרוֹ יְהֹוָה בְּזָדוֹן דִּבְּרוֹ הַנָּבִיא לֹא תָגוּר מִמֶּנּוּ:
If the prophet speaks [in the Name of the Lord]: And says, “This thing is destined to happen to you,” and you see [afterwards] that it does not come about, “that is the thing the Lord did not speak” ; so execute him. But you might say, “This applies to one who prophesies regarding the future. However, suppose one comes and says ‘Do such and such a thing, and I am telling you this by the command of the Holy One, blessed is He,’ [how do we know whether he is speaking the truth? Regarding such a case,] they were already commanded that if someone comes to make you stray from any of the commandments, ”Do not hearken to him“ (Deut. 13:4), unless you are certain that he is a perfectly righteous person, e.g., Elijah on Mount Carmel, who sacrificed on a high place when high places were forbidden, [but did so] in order to control Israel [against idolatry]. Everything must be done according to the needs of the time, and the need for preventive measures to protect against breaches [in the religion]. Therefore [with respect to this authentic prophet], it is stated,”hearken to him" (verse 15). - [San. 89a] אשר ידבר הנביא: ויאמר דבר זה עתיד לבוא עליכם, ותראו שלא יבא, הוא הדבר אשר לא דברו ה' והרוג אותו. ואם תאמר זו במתנבא על העתידות, הרי שבא ואמר עשו כך וכך ומפי הקב"ה אני אומר, כבר נצטוו שאם בא להדיחך מאחת מכל המצות לא תשמע לו, אלא אם כן מומחה הוא לך שהוא צדיק גמור, כגון אליהו בהר הכרמל שהקריב בבמה בשעת איסור הבמות כדי לגדור את ישראל. הכל לפי צורך השעה וסייג הפרצה, לכך נאמר אליו תשמעון:
you shall not be afraid of him: I.e., do not restrain yourselves from advocating his guilt, and do not fear that you will be punished for this [when your advocating leads to his death]. — [Sifrei] לא תגור ממנו: לא תמנע עצמך מללמד עליו חובה ולא תירא ליענש עליו:
Chapter 19
1When the Lord, your God, cuts off the nations, whose land the Lord, your God, is giving you, and you inherit them, and dwell in their cities and in their houses, אכִּי יַכְרִית יְהֹוָה אֱלֹהֶיךָ אֶת הַגּוֹיִם אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ אֶת אַרְצָם וִירִשְׁתָּם וְיָשַׁבְתָּ בְעָרֵיהֶם וּבְבָתֵּיהֶם:
2you shall separate three cities for yourself in the midst of your land, which the Lord, your God, is giving you to possess. בשָׁלוֹשׁ עָרִים תַּבְדִּיל לָךְ בְּתוֹךְ אַרְצְךָ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ לְרִשְׁתָּהּ:
3Prepare the road for yourself and divide into three parts the boundary of your land, which the Lord, your God, is giving you as an inheritance, and it will be for every killer to flee there. גתָּכִין לְךָ הַדֶּרֶךְ וְשִׁלַּשְׁתָּ אֶת גְּבוּל אַרְצְךָ אֲשֶׁר יַנְחִילְךָ יְהֹוָה אֱלֹהֶיךָ וְהָיָה לָנוּס שָׁמָּה כָּל רֹצֵחַ:
Prepare for yourself the way: “Refuge! Refuge!” was inscribed at each crossroads [directing the way to the nearest refuge city]. — [Mak . 10b] תכין לך הדרך: מקלט מקלט היה כתוב על פרשת דרכים:
and divide into three parts the boundary of your land: so that [the distance] from the beginning of the border to the first refuge city should be the same as the distance from this first city to the second, and so from the second to the third and from the third to the opposite border of Israel. — [Mak. 9b] ושלשת את גבול ארצך: שיהא מתחלת הגבול עד העיר הראשונה של עיר מקלט, כשיעור מהלך שיש ממנה עד השניה. וכן משניה, לשלישית. וכן מן השלישית, עד הגבול השני של ארץ ישראל:
4And this is the case of the killer who will flee there, so that he may live: Whoever strikes his fellow [to death] unintentionally, whom he did not hate in times past. דוְזֶה דְּבַר הָרֹצֵחַ אֲשֶׁר יָנוּס שָׁמָּה וָחָי אֲשֶׁר יַכֶּה אֶת רֵעֵהוּ בִּבְלִי דַעַת וְהוּא לֹא שׂנֵא לוֹ מִתְּמֹל שִׁלְשֹׁם:
5As when a man goes with his fellow into the forest to chop wood, and his hand swings the ax to cut down the tree, and the iron flies off the handle, and it reaches his fellow, and he dies he shall flee to one of these cities, and live. הוַאֲשֶׁר יָבֹא אֶת רֵעֵהוּ בַיַּעַר לַחְטֹב עֵצִים וְנִדְּחָה יָדוֹ בַגַּרְזֶן לִכְרֹת הָעֵץ וְנָשַׁל הַבַּרְזֶל מִן הָעֵץ וּמָצָא אֶת רֵעֵהוּ וָמֵת הוּא יָנוּס אֶל אַחַת הֶעָרִים הָאֵלֶּה וָחָי:
And his hand swings [the ax]: when he was about to let the ax fall on the tree. The Targum renders this as וְתִתְמְרֵיג יְדֵּיּהּ meaning, וְנִשְׁמְטָה יָדוֹ his hand swayed while letting the stroke of the ax fall upon the tree. [Similarly,] the words הַבָּקָר כִּי שָׁמְטוּ (II Sam. 6:6), are rendered in Targum Jonathan as: אֲרֵי מַרְגוּהִי תּוֹרַיָּא“for the oxen swayed.” ונדחה ידו: כשבא להפיל הגרזן על העץ, ותרגומו ותתמריג ידיה, לשון ונשמטה ידו להפיל מכת הגרזן על העץ. כי שמטו הבקר (שמואל ב' ו ו) תרגם יונתן ארי מרגוהי תוריא:
and the iron flies off the handle: Heb. וְנָשַׁל הַבַּרְזֶל מִן-הָעֵץ. Some of our Rabbis say that this means that the iron head [of the ax] slipped off its handle, while others say, the ax chipped a splinter of wood off the tree which was being chopped, and it ricocheted, killing [the victim]. — [Mak. 7b] ונשל הברזל מן העץ: יש מרבותינו אומרים נשמט הברזל מקתו, ויש מהם אומרים שישל הברזל חתיכה מן העץ המתבקע, והיא נתזה והרגה:
6Lest the avenger of the blood pursue the killer, while his heart is hot, and overtake him, because the way is long, and he strikes him to death, whereas he was not deserving of death, for he had not hated him in times past. ופֶּן יִרְדֹּף גֹּאֵל הַדָּם אַחֲרֵי הָרֹצֵחַ כִּי יֵחַם לְבָבוֹ וְהִשִּׂיגוֹ כִּי יִרְבֶּה הַדֶּרֶךְ וְהִכָּהוּ נָפֶשׁ וְלוֹ אֵין מִשְׁפַּט מָוֶת כִּי לֹא שׂנֵא הוּא לוֹ מִתְּמוֹל שִׁלְשׁוֹם:
Lest the avenger of the blood pursue [the killer]: This is why I am telling you prepare a way for yourself, and [to prepare] many refuge cities. פן ירדוף גואל הדם: לכך אני אומר להכין לך דרך, וערי מקלט רבים:
7Therefore, I command you, saying, "You shall separate for yourself three cities." זעַל כֵּן אָנֹכִי מְצַוְּךָ לֵאמֹר שָׁלשׁ עָרִים תַּבְדִּיל לָךְ:
8And when the Lord, your God, expands your boundary, as He swore to your forefathers, and He gives you all the land of which He spoke to give to your forefathers; חוְאִם יַרְחִיב יְהֹוָה אֱלֹהֶיךָ אֶת גְּבֻלְךָ כַּאֲשֶׁר נִשְׁבַּע לַאֲבֹתֶיךָ וְנָתַן לְךָ אֶת כָּל הָאָרֶץ אֲשֶׁר דִּבֶּר לָתֵת לַאֲבֹתֶיךָ:
And when [the Lord your God] expands [your boundary]: As He swore to give you the land of the Kenites, the Kenizzites, and the Kadmonites. ואם ירחיב: כאשר נשבע לתת לך ארץ קיני וקנזי וקדמוני:
9if you will keep all this commandment to perform it, which I command you this day, to love the Lord, your God, and to walk in His ways all the days, you shall add three more cities for yourself, in addition to these three, טכִּי תִשְׁמֹר אֶת כָּל הַמִּצְוָה הַזֹּאת לַעֲשׂתָהּ אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם לְאַהֲבָה אֶת יְהֹוָה אֱלֹהֶיךָ וְלָלֶכֶת בִּדְרָכָיו כָּל הַיָּמִים וְיָסַפְתָּ לְךָ עוֹד שָׁלשׁ עָרִים עַל הַשָּׁלשׁ הָאֵלֶּה:
you shall add three more [cities] for yourself: Thus, [altogether you will have] nine: The three on the other side of the Jordan, the three in the land of Canaan, and three more in the future [when God will expand your boundary]. — [Sifrei] ויספת לך עוד שלש: הרי תשע. שלש שבעבר הירדן ושלש שבארץ כנען ושלש לעתיד לבא:
10so that innocent blood will not be shed in the midst of your land which the Lord, your God, gives you for an inheritance which would deem you guilty of [having shed this] blood. יוְלֹא יִשָּׁפֵךְ דַּם נָקִי בְּקֶרֶב אַרְצְךָ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה וְהָיָה עָלֶיךָ דָּמִים:
11But if a man hates his fellow, lies in wait for him, rises up against him, and strikes him mortally, and he flees to one of these cities, יאוְכִי יִהְיֶה אִישׁ שׂנֵא לְרֵעֵהוּ וְאָרַב לוֹ וְקָם עָלָיו וְהִכָּהוּ נֶפֶשׁ וָמֵת וְנָס אֶל אַחַת הֶעָרִים הָאֵל:
But if a man hates his fellow [and lies in wait for him…]: Through this man’s hatred of his fellow, he comes to “lie in wait for him.” From here our Rabbis derived the maxim: If a man transgresses a minor commandment, he will ultimately transgress a major commandment. [Here,] since he transgressed the command: “You shall not hate your brother in your heart” (Lev. 19:17), he ultimately came to shed blood. This is why it says here, “But if a man hates his fellow,” for it should have written only: “But if a man rises up and lies in wait for his fellow and strikes him mortally.” - [Sifrei] וכי יהיה איש שונא לרעהו: על ידי שנאתו הוא בא לידי וארב לו. מכאן אמרו עבר אדם על מצוה קלה סופו לעבור על מצוה חמורה. לפי שעבר על לא תשנא, סופו לבא לידי שפיכות דמים. לכך נאמר כי יהיה איש שונא לרעהו וגו', שהיה לו לכתוב וכי יקום איש וארב לרעהו והכהו נפש:
12the elders of his city shall send and take him from there and deliver him into the hand of the avenger of the blood, that he may die. יבוְשָׁלְחוּ זִקְנֵי עִירוֹ וְלָקְחוּ אֹתוֹ מִשָּׁם וְנָתְנוּ אֹתוֹ בְּיַד גֹּאֵל הַדָּם וָמֵת:
13And you shall not pity him, but you shall abolish [the shedding of] the blood of the innocent from Israel, and it will be good for you. יגלֹא תָחוֹס עֵינְךָ עָלָיו וּבִעַרְתָּ דַם הַנָּקִי מִיִּשְׂרָאֵל וְטוֹב לָךְ:
And you shall not pity him: I.e., you should not say,“The first [person] has already been killed; why should we kill this one too and cause two Israelites to be killed?” - [Sifrei] לא תחוס עינך: שלא תאמר הראשון כבר נהרג, למה אנו הורגים את זה ונמצאו שני ישראלים הרוגים:
Daily Tehillim: Psalms Chapters 29 - 34
• 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 29
The Name of God appears eighteen times in this psalm, corresponding to which our Sages established eighteen blessings-the Amidah. The entire psalm can be interpreted as referring to the giving of the Torah and the ingathering of the exiles.
1. A psalm by David. Render to the Lord, children of the mighty, render to the Lord honor and strength.
2. Render to the Lord the honor due to His Name; bow down to the Lord in resplendent holiness.
3. The voice of the Lord is over the waters, the God of glory thunders; the Lord is over mighty waters.
4. The voice of the Lord resounds with might; the voice of the Lord resounds with majesty.
5. The voice of the Lord breaks cedars; the Lord shatters the cedars of Lebanon.
6. He makes them leap like a calf, Lebanon and Sirion like a young wild ox.
7. The voice of the Lord strikes flames of fire.
8. The voice of the Lord makes the desert tremble; the Lord causes the desert of Kadesh to tremble.
9. The voice of the Lord causes the does to calve, and strips the forests bare; and in His Sanctuary all proclaim His glory.
10. The Lord sat [as King] at the Flood; the Lord will sit as King forever.
11. The Lord will give strength to His people; the Lord will bless His people with peace.
Chapter 30
This psalm teaches one not to be distressed if God visits suffering upon him in this world, for only through suffering can one enter the World to Come. Even one of great spiritual stature should realize that his stability is not guaranteed, but that all is in the hands of God.
1. A psalm, a song of dedication of the House, by David.
2. I exalt You, Lord, for You have uplifted me, and did not allow my enemies to rejoice over me.
3. Lord, my God, I cried out to You, and You healed me.
4. Lord, You have brought up my soul from the grave; You have kept me alive, that I should not descend to the pit.
5. Sing to the Lord, you His pious ones, and praise His holy Name.
6. For His wrath endures but for a moment, when He is conciliated there is [long] life; when one retires at night weeping, joy will come in the morning.
7. In my security I thought, "I shall never falter.”
8. Lord, by Your favor You have made my mountain stand strong; when You concealed Your countenance I was alarmed.
9. I called to You, O Lord, and I made supplication to my Lord:
10. What profit is there in my death, in my going down to the grave? Can dust praise You? Can it proclaim Your truth
11. Lord, hear and be gracious to me; Lord, be a help to me.
12. You have turned my mourning into dancing; You have undone my sackcloth and girded me with joy.
13. Therefore my soul shall sing to You, and not be silent; Lord my God, I will praise You forever.
Chapter 31
Composed by a destitute and oppressed David, running from Saul while placing his trust in God, this psalm instructs man to put his trust in God alone.
1. For the Conductor, a psalm by David.
2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.
3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.
4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.
5. Remove me from the net they planted for me, for You are my stronghold.
6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.
7. I despise those who anticipate worthless vanities; but I trust in the Lord.
8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.
9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.
10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.
11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.
12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.
13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.
14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.
15. But I trusted in You, O Lord; I said, "You are my God.”
16. My times are in Your hand; save me from the hands of my enemies and pursuers.
17. Shine Your countenance upon Your servant; deliver me in Your kindness.
18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.
19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.
20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.
21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.
22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.
23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.
24. Love the Lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.
25. Be strong and fortify your hearts, all who put their hope in the Lord!
Chapter 32
This psalm speaks of forgiveness of sin, and of the good fortune of one who repents and confesses to God wholeheartedly.
1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.
2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.
3. When I was silent, my limbs wore away through my wailing all day long.
4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.
5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.
6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.
7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.
8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.
9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.
10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.
11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart!
Chapter 33
This psalm teaches the righteous and upright to praise God. For the more one knows of the Torah's wisdom, the more should he praise God, for he knows and understands His greatness.
1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.
2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.
3. Sing to Him a new song; play well with sounds of jubilation.
4. For the word of the Lord is just; all His deeds are done in faithfulness.
5. He loves righteousness and justice; the kindness of the Lord fills the earth.
6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.
7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.
8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.
9. For He spoke, and it came to be; He commanded, and it endured.
10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.
11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.
12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.
13. The Lord looks down from heaven; He beholds all mankind.
14. From His dwelling-place He looks intently upon all the inhabitants of the earth.
15. It is He Who fashions the hearts of them all, Who perceives all their actions.
16. The king is not saved by a great army, nor a warrior rescued by great might.
17. The horse is a false guarantee for victory; with all its great strength it offers no escape.
18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,
19. to save their soul from death and to sustain them during famine.
20. Our soul yearns for the Lord; He is our help and our shield.
21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.
22. May Your kindness, Lord, be upon us, as we have placed our hope in You.
Chapter 34
This psalm tells of when David was in grave danger while at the palace of Achish, brother of Goliath. David acted like a madman, letting spittle run down his beard, and writing on the doors: "Achish, king of Gath, owes me one hundred thousand gold coins," leading Achish to eject him from the palace. In his joy, David composed this psalm in alphabetical sequence.
1. By David, when he feigned insanity before Avimelech,1 who then drove him away, and he left.
2. I bless the Lord at all times; His praise is always in my mouth.
3. My soul glories in the Lord; let the humble hear it and rejoice.
4. Exalt the Lord with me, and let us extol His Name together.
5. I sought the Lord and He answered me; He delivered me from all my fears.
6. Those who look to Him are radiant; their faces are never humiliated.
7. This poor man called, and the Lord heard; He delivered him from all his tribulations.
8. The angel of the Lord camps around those who fear Him, and rescues them.
9. Taste and see that the Lord is good; fortunate is the man who trusts in Him.
10. Fear the Lord, you His holy ones, for those who fear Him suffer no want.
11. Young lions may want and hunger, but those who seek the Lord shall not lack any good thing.
12. Come, children, listen to me; I will teach you the fear of the Lord.
13. Who is the man who desires life, who loves long life wherein to see goodness?
14. Guard your tongue from evil, and your lips from speaking deceit.
15. Turn away from evil and do good, seek peace and pursue it.
16. The eyes of the Lord are directed toward the righteous, and His ears toward their cry.
17. The wrath of the Lord is upon the evildoers, to excise their memory from the earth.
18. But when they [repent and] cry out, the Lord hears, and saves them from all their troubles.
19. The Lord is close to the broken-hearted, and saves those with a crushed spirit.
20. Many are the afflictions of a righteous person, but the Lord rescues him from them all.
21. He protects all his bones; not one of them is broken.
22. Evil brings death upon the wicked, and the enemies of the righteous are condemned.
23. The Lord redeems the soul of His servants; all who take shelter in Him are not condemned.
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 13, 14 and 15.
Chapter 13
A prayer for an end to the long exile. One in distress should offer this prayer for his troubles and for the length of the exile.
1. For the Conductor, a psalm by David.
2. How long, O Lord, will You forget me, forever? How long will You hide Your countenance from me?
3. How long must I seek counsel within my soul, [to escape] the grief in my heart all day? How long will my enemy be exalted over me?
4. Look! Answer me, O Lord, my God; give light to my eyes, lest I sleep the sleep of death.
5. Lest my enemy say, "I have overcome him," [and] my oppressors rejoice when I falter.
6. I have placed my trust in Your kindness, my heart will rejoice in Your deliverance. I will sing to the Lord, for He has dealt kindly with me.
Chapter 14
This psalm speaks of the destruction of the two Holy Temples-the first by Nebuchadnezzar, and the second by Titus.
1. For the Conductor, by David. The fool says in his heart, "There is no God!" [Man's] deeds have become corrupt and abominable, no one does good.
2. The Lord looked down from heaven upon mankind, to see if there was any wise man who searches for God.
3. They have all gone astray together, they have become corrupt; there is none who does good, not even one.
4. Indeed, all the evildoers, who devour My people as they devour bread, who do not call upon the Lord, will [ultimately] come to know [the consequences of their actions].
5. There they will be seized with fright, for God is with the righteous generation.
6. You scorn the counsel of the lowly, that he puts his trust in the Lord.
7. O that out of Zion would come Israel's deliverance! When the Lord returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 15
This psalm speaks of several virtues and attributes with which one should conduct oneself. He is then assured that his soul will rest in Gan Eden.
1. A psalm by David. Who may abide in Your tent, O Lord? Who may dwell on Your holy Mountain?
2. He who walks blamelessly, acts justly, and speaks truth in his heart;
3. who has no slander on his tongue, who has done his fellowman no evil, and who has brought no disgrace upon his relative;
4. in whose eyes a despicable person is abhorrent, but who honors those who are God-fearing; who does not change his oath even if it is to his own detriment;
5. who does not lend his money at interest, nor accept a bribe against the innocent. He who does these things shall never falter.
Tanya: Iggeret HaKodesh, end of Epistle 10• Lessons in Tanya
• Thursday, Elul 5, 5775 · August 20, 2015
Today's Tanya Lesson
Iggeret HaKodesh, end of Epistle 10
The Alter Rebbe now returns to the verse quoted at the outset of this Iggeret HaKodesh: חסדי ה׳ כי לא תמנו וגו׳ — “The kindnesses of G‑d have surely not ended....”
There he had asked: If the verse refers only to G‑d’s kindness, why does it use the verb tamnu (in the first person plural), which would make the phrase mean, “we have not been brought to an end,” rather than tamu (in the third person plural), which would mean that “the kindnesses have not ended”?
He answers this by saying that חסדי ה׳ (“the kindnesses of G‑d”) refers also to the giving of tzedakah without limitation. Accordingly, the verse may be understood, as he now goes on to explain:
והנה מדת חסד זו, בלי גבול ומדה, נקראת על שמו של הקב״ה
Now, since this is G‑d’s manner of practicing benevolence, this mode of unlimited kindness is known by the Name of the Holy One, blessed be He, [viz.,]
חסדי ה׳
“The kindnesses of G‑d,”
כדכתיב: וחסד ה׳ מעולם ועד עולם כו׳
as it is written,1 “and G‑d’s Chesed is everlasting....”
כי הגם שכל ישראל הם רחמנים וגומלי חסדים
For though2 “All of Israel are compassionate and practice kindly deeds,”
ברם יש גבול ומדה לרחמי האדם
nevertheless there is a limit and measure to man’s compassion.
אבל הקב״ה נקרא אין סוף ברוך הוא
But the Holy One, blessed be He, is called the Ein Sof — “the Infinite One,”
ולמדותיו אין סוף
and His attributes (like Himself) have no end,
כדכתיב: כי לא כלו רחמיו
as it is written,3 “...for His mercies never cease.”
When a Jew echoes G‑d’s boundless kindness and compassion, his actions are thus termed “G‑d’s acts of kindness.”
וזהו שאמר הנביא אחר החורבן והגלות: חסדי ה׳, כי לא תמנו
And this is the meaning of the prophet’s words,4 after the Destruction and the exile: “The kindnesses of G‑d have surely not ended (ki lo tamnu).”
פירוש: לפי שלא תמנו, שאין אנו תמימים ושלמים, בלי שום חטא ופגם בנפש ובעולמות עליונים
That is: “Because we are not perfect,5 inasmuch as we are not perfect (temimim) and whole, without any sin or blemish in our soul nor in the higher worlds,
על כן צריכין אנו להתנהג בחסדי ה׳, שהם בלי גבול ותכלית
we therefore need to conduct ourselves in accordance with ‘G‑d’s kindnesses,’ that are without limit or end,
כדי לעורר עלינו רחמים וחסד עילאה, שהוא רב חסד ורחמים, בלי גבול ותכלית
in order to call down upon ourselves Supreme compassion, i.e., rav Chesed, and unlimited, infinite compassion,
כמו שכתוב: כי לא כלו רחמיו
as it is written, at the conclusion of this verse, ‘for His mercies never cease....’”
Since we are in need of drawing down this level of compassion, our own practice of kindness must echo “G‑d’s kindness.”
Thus the Prophet is telling the generations that follow the Destruction that they should practice unbounded kindness because they are not in a state of tamnu. Being imperfect, we need to arouse G‑d’s infinite kindness and compassion in order to rectify any sins and blemishes.
(Moreover, since these latter generations are too weak to engage in fasting and self-mortification, the only means now available to secure full atonement is through tzedakah.6)
וזהו שאמרו רז״ל: אין ישראל נגאלין אלא בצדקה
And this is what our Sages, of blessed memory, meant by saying that7 “Israel will be redeemed only through charity.”
שיעשו גם אם יהיו פטורים מדינא
[This refers to the charity] that they will perform even if they are legally not obligated,
כי אין בן דוד בא כו׳
for8 “[Mashiach] the son of David will not come [until the pocket will be empty of even the smallest coin].”
I.e., even if (Heaven forfend) there will not be a solitary coin left in one’s pocket, tzedakah will still be given. And it is this boundless level of tzedakah that secures a complete atonement for the sins of our people, after which9 “they will immediately be redeemed.”
The Rebbe explains that the Alter Rebbe does not conclude the above-mentioned quotation about the precondition for the coming of Mashiach because it is quite possible that he did not want to write out the last words (viz., “until the pocket will be empty of even the smallest coin”); and this precondition of the Sages can be fulfilled on the spiritual level, by conducting oneself with the humility of the destitute.
This could also explain why the Alter Rebbe does not say...כשיהיו (“when they are legally not obligated”), but rather...אם יהיו (“if they are legally not obligated”).
| FOOTNOTES | |
| 1. | Tehillim 103:17. |
| 2. | Yevamot 79a. |
| 3. | Eichah 3:22. |
| 4. | See above, footnote 3. |
| 5. | Note of the Rebbe: “The proof being the Destruction and the exile.” |
| 6. | This is explained at length in Iggeret HaTeshuvah, ch. 3 (in Vol. III of the present series). |
| 7. | See above, Epistle 9, footnote 16. |
| 8. | Sanhedrin 97a. |
| 9. | Rambam, Hilchot Teshuvah 7:5. |
• Sefer Hamitzvos:Thursday, Elul 5, 5775 · August 20, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 246
Stealing Land
"You shall not move back your neighbor's boundary marker"—Deuteronomy 19:14.
It is forbidden to tamper with a boundary marker separating two parcels of land, so as to claim part of a neighbor's property. One who does so has violated this Torah injunction—in addition to being guilty of theft.
This commandment only applies in the land of Israel. Outside of Israel, one who tampers with a land marker is only guilty of transgressing the generic prohibition against theft.
Stealing Land
Stealing Land
Negative Commandment 246
Translated by Berel Bell
The 246th prohibition is that we are forbidden from stealing the boundaries of land, i.e. altering the line between our property and our neighbors', thereby enabling a person to claim that the other person's land is his own.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not move your neighbor's boundary marker"
The Sifri says: "It is already written 'You may not steal.' Why was it necessary to write the verse 'Do not move your neighbor's boundary marker'? To teach that anyone who moves his neighbor's boundary marker transgresses two prohibitions. You might think that this applies even outside Israel. The verse therefore continues '...in your inheritance in the land [that G‑d your L‑rd is giving you to occupy]' — in Israel it counts as two transgressions, but elsewhere it counts just as one." This [one transgression] refers to the prohibition "You may not steal." It is therefore clear that the Biblical prohibition applies only in Israel.
FOOTNOTES
1.Deut. 19:14
Negative Commandment 243
Abduction
"Do not steal"—Exodus 20:13.
It is forbidden to abduct one's fellow.
Abduction
Negative Commandment 243
Translated by Berel Bell
The 243rd prohibition is that we are forbidden from kidnapping any Jewish person.
The source of this prohibition is G‑d's statement in the Ten Commandments,1 "You may not steal."
In the words of the Mechilta: "This verse refers to stealing a person." The Talmud says in tractate Sanhedrin,2 "What is the source for the prohibition of kidnapping? R. Yoshiya says it is the verse, 'You may not steal.' R. Yochanan says it is the verse,3 'They may not be sold as slaves.' In actuality, however, they both agree — one refers to the prohibition of kidnapping and the other refers to the prohibition of selling4 [the kidnapped person." The Talmud mentions these two prohibitions together] because the punishment is given only when the transgressor both kidnaps and sells — and if he does both transgressions, the penalty is strangulation. [The source for the punishment is] G‑d's statement5 (exalted be He), "If one person kidnaps and sells another, and [the victim] is seen in his hand, then [the kidnapper] shall be put to death."
The details of this mitzvah are explained in the 11th chapter of tractate Sanhedrin.6
FOOTNOTES
1.Ex. 20:15.
2.86a.
3.Lev. 25:42.
4.N258.
5.Ex. 21:16.
6.In our versions, chapter 10, on 85b.
Yibbum vChalitzah - Chapter Five
Halacha 1
When a yavam gives a yevamah a bill of divorce (a get),1 he disqualifies her and all of [his deceased brother's] other wives [from performing yibbum] with him or with any of the other brothers. It is considered as if he has performedchalitzah with her.
The power of a get to affect a yevamah is Rabbinic in origin. [They instituted this decree based on the following rationale:] Since a get has the power to bring about the divorce of a married woman, and every get causes a woman to be disqualified from the priesthood, [they decreed] that it should also disqualify ayevamah from performing yibbum. [The yevamah] is not permitted to marry another man, however, until she performs chalitzah.
Halacha 2
A statement of intent to marry (ma'amar)2 does not fully effect the establishment of a marriage bond for a yevamah, and it does not cause her to become a married woman in the full sense. Nevertheless, [if the yavam desires to nullify the ma'amar,] he must give [the yevamah] a get. For her to marry another man, however, chalitzah must be performed.
Halacha 3
What is implied? When [a yavam] gives a ma'amar to his yevamah, but does not desire to engage in sexual relations with her, he must write a get for her, since she was consecrated unto him, and he must perform chalitzah with her to cause her to be permitted to others.3
For a yevamah is not permitted to marry another man unless she enters into sexual relations with her yavam [and then is divorced or widowed], or if she performs chalitzah. A get disqualifies her for yibbum, but does not permit her to marry another man. A ma'amar does not effect a marriage bond in a complete sense, as sexual relations do.
Halacha 4
Halacha 5
When [a yavam] gives a get [to his yevamah] [to nullify] his connection to her and not {to nullify his ma'amar}, he disqualifies her [from performing yibbum] with him and his other brothers, as stated above.6
He must give her [another] get [to negate] his ma'amar and perform chalitzahwith her to permit her to marry another man.
Halacha 6
When a ma'amar is given to a yevamah at the outset, without its having been preceded by any other activity and without its having been followed by any activity other than the sexual relations between [the yavam] who gave thema'amar and the yevamah, the ma'amar is referred to as "an acceptablema'amar."
By contrast, a ma'amar is referred to as "an unacceptable ma'amar" when:
a) before the ma'amar either this yavam or one of his brothers gave a get to this yevamah or one of the deceased brother's other wives or performedchalitzah with her,7
b) either he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives beforehand,8
c) after the ma'amar, either this yavam or one of his brothers gave a get to thisyevamah or one of the deceased brother's other wives or performed chalitzahwith her,9
d) he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives or gave a ma'amar to one of them, or
e) one of his brothers gave a ma'amar or engaged in sexual relations [with theyevamah to whom he gave the ma'amar].
[This term applies to] both a ma'amar that preceded these deeds as well as to ama'amar that was given afterwards.
Halacha 7
What is implied? If [a yavam] a) gave a get or performed chalitzah with hisyevamah and afterwards he or one of his brothers gave her or another of his deceased brother's wives a ma'amar, or b) he entered into relations with hisyevamah10 or gave her a ma'amar, and then he or one of his brothers gave another of his deceased brother's wives a ma'amar or entered into relations with her, the ma'amar is unacceptable. This applies both to the first ma'amar11and the second ma'amar.12
Halacha 8
Thus, we may conclude that whether a ma'amar was preceded by anotherma'amar, a get, a chalitzah, or sexual relations, or whether any of these acts preceded a ma'amar, the ma'amar is unacceptable.13 The only exception is when [a yavam] gives a ma'amar and enters into sexual relations [with theyevamah] after the ma'amar; this follows the dictates of the law.
Halacha 9
When a yavam enters into sexual relations with his yevamah at the outset14 or after giving her a ma'amar, and nothing else preceded [their relations], [their] relations are referred to as "acceptable."
If a) a ma'amar from one of his brothers [was given to this yevamah],
b) a get was given [to this yevamah] or to one of [the deceased brother's] other wives,or
c) a ma'amar [was given by this yavam] or one of his brothers to one of [the deceased brother's] other wives, before [the yavam and the yevamah entered into relations], the relations are referred to as unacceptable.15
Halacha 10
When a yavam performs chalitzah with his yevamah at the outset without any other activity preceding it, the act is referred to as "a superior chalitzah."
If [the chalitzah] was preceded by a get or a ma'amar, whether from this yavamor from his brothers, [which was given] either to this yevamah or to one of [the deceased brother's] other wives, the act is referred to as an "inferiorchalitzah."16
Halacha 11
When there are many yevamot coming from one household,17 after one of them has entered into "acceptable relations" or performed a "superiorchalitzah," all are permitted [to marry other men], and their obligation to theyavam is removed.
If one of them entered into "unacceptable relations" or was given an "unacceptable ma'amar," all the wives are forbidden to perform yibbum.18 The woman who entered into relations or who received the ma'amar must be divorced with a get. [In addition,] {each} one19 of them is required to performchalitzah to be permitted to marry another man. For "unacceptable relations" do not remove [a yevamah's] obligation to her yavam.
Halacha 12
If one of [a deceased man's wives] performs an "inferior chalitzah," she is permitted to marry another man, but [the deceased's] other wives remain forbidden [to marry] unless they perform chalitzah or unless all the brothers perform chalitzah with [the yevamah] who performed the "inferior chalitzah." For an "inferior chalitzah" does not remove the obligation of yibbum from this household until [the yevamah who performed the "inferior chalitzah" performschalitzah] with all the brothers, or all [the deceased's wives] perform chalitzah.
Halacha 13
Whenever a yevamah engages in sexual relations with her yavam, [a get is required to terminate the relationship], regardless of whether or not the relations are acceptable. [This applies] even if [the yavam] engaged in relations with [the yevamah] after performing chalitzah with her.20
[Similarly, this ruling applies] regardless of whether [a yavam] or his brothers engaged in the relations for the sake of establishing a marriage bond21 or for the sake of yibbum. Even if [a yavam] or his brother engages in relations with another [one of the deceased's] wives after [the yavam] engages in "acceptable relations" with [his yevamah],22 he must divorce the woman with a get, for these relations effect the establishment of a marriage bond.23
Similarly, whenever a yevamah is given a ma'amar - whether an "acceptablema'amar" or an "unacceptable ma'amar" - a get is required because of thema'amar, as explained.24 Only then is the prohibition brought about by thema'amar removed.
Halacha 14
As mentioned, a get does not dissolve [a yavam's connection with] his yevamahentirely.25 Similarly, a ma'amar does not acquire her [as a wife for the yavam] in a complete way. It is [only] sexual relations that establish the marriage bond in a complete manner, and it is [only] chalitzah that dissolves the connection entirely.
Therefore, when a yevamah is given one get after another, or one ma'amarafter another, there is an effect.26When, however, [another brother] engages in relations with [a yevamah with whom a yavam] engaged in relations, or performs chalitzah with [a yevamah with whom a yavam] performed chalitzah, the second relations or the second chalitzah are of no consequence.27Similarly, a get or chalitzah that follows relations is of no consequence.
Halacha 15
What is implied? When a yavam gives a get to a yevamah, and afterwards gives a get to another one of [the deceased's] wives, he is forbidden to marry the relatives of both women.28
Similarly, when two yevamim give two gittin to one yevamah, one after the other, she is considered to have been divorced by both of them. They are both forbidden to marry her relatives; one of them should perform chalitzah [with her].29
Similarly, if [a yavam] gives a get to his yevamah, and then his brother gives aget to another one of [the deceased's] wives, each brother is forbidden to marry the relatives of the woman to whom he gave the get. Similarly, if [two brothers each] give a ma'amar, one after the other, [each must give a get], as explained.30
When, however, a yavam performs chalitzah with his yevamah, and afterwards either he or his brother perform chalitzah with another of [the deceased's] wives, or two yevamim perform chalitzah with the same yevamah, the secondchalitzah is of no consequence, and the brother who performed it is not forbidden to marry the woman's relatives.31 It is just as if he performedchalitzah with another woman who is not under obligation to him.
Halacha 16
Similarly, when a man engages in relations with his yevamah,32 and then he or one of his brothers performs chalitzah with her or with one of the other wives [of his deceased brother], this chalitzah is of no consequence.
Similarly, if his brother gave a get to [this yevamah or] any of the other wives [of his deceased brother], it is of no consequence. Nor is it of consequence if one of his brothers gives the woman a ma'amar or engages in relations with her.33Once the brother engaged in relations with her, he acquired her [as his wife] in a complete manner, and a married woman cannot be consecrated by another man. If, however, one of the brothers gave a ma'amar to one of the other wives [of his deceased brother], or engaged in relations with her, he must release her with a get, as we have explained.34
Halacha 17
[The following rules apply when] two yevamim perform yibbum with twoyevamot coming from the same household, and it is not known who performedyibbum first.35 Both should divorce [the women] with gittin.36 The women are then permitted to marry other men, but are forbidden to the yevamim.
Consequently, when Reuven lived in Jerusalem and he had two wives, one living in Akko and one living in Tyre, [and two brothers:] Shimon who lived in Akko and Levi who lived in Tyre, if there is a report that Reuven died, according to law it would be proper for neither brother to perform yibbum until he knows what his other brother did. For perhaps he performed yibbum first.
Halacha 18
When a yavam who is below the age of majority, [but more than] nine years and one day old, enters into relations [with a yevamah], [the consequence] is equivalent to [that of] a ma'amar given by an adult;39 [the yevamah] is not acquired as a wife in a complete manner.40
When [a yavam who is below the age of majority, but more than] nine years and one day old, gives a ma'amar at the outset, it is effective and causes [theyevamah] to be forbidden to [his brothers] who are past majority. If, however, he gives [the ma'amar after a ma'amar has been given by his brothers who are past majority, his ma'amar] is of no consequence.
[Similarly,] a get that he gives or chalitzah that he performs is always of no consequence, whether it precedes [his brothers' actions] or follows them.41
Halacha 19
What is implied? When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah, or gives her a ma'amar at the outset, he disqualifies her [from performing yibbum] with his other brothers. If, however, [one of the brothers] past majority gave hisyevamah a ma'amar, and then [the brother who is below the age of majority, but more than] nine years and one day old, gives her or another one of the wives [of the deceased brother] a ma'amar, his actions are of no consequence, and he does not cause [the yevamah] to be forbidden to his elder brother.42
If, however, [the brother who is below the age of majority, but more than] nine years and one day old engages in relations with her or with another one of the wives of [the deceased brother], he causes [the yevamah] to be forbidden to his elder brother, as would be the case when two [brothers] past majority each gave a ma'amar one after the other, as we have explained.43
Halacha 20
When a [yavam who is below the age of majority, but more than] nine years and one day old, has engaged in relations with his yevamah, and then one of his brothers past majority entered into relations with her, performed chalitzah with her, gave her a get, or performed one of these activities with another [one of the deceased brother's] wives, he disqualified the minor [from marrying hisyevamah].44
Similarly, if the minor has engaged in relations with another [one of the deceased brother's] wives, or another brother who is also [below the age of majority, but more than] nine years and one day old, has engaged in relations with this woman, or with another [one of the deceased brother's] wives, [the woman with whom the first brother originally engaged in relations] is disqualified [from marrying him], as is the ruling whenever two ma'amarim are given one after the other.
Halacha 21
When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah and then does not engage in relations with her again after he attains majority, [he is] required [to give her] a get and perform chalitzah. The get [is necessary] because the relations in which he engaged are considered equivalent to a ma'amar. The chalitzah [is necessary] in order to permit the woman to marry another man, for she did not engage in relations that established a complete marriage bond.
If [her yavam] engaged in relations with her after he attained majority, all that is required [to enable her to marry another man] is a get.45
Halacha 22
[The same laws that apply to a yavam who is below the age of majority, but more than] nine years and one day old [apply to a yavam who] is twenty years old and has not manifested signs of physical maturity, but has also not manifested physical signs of impotency, as explained in the beginning of this book.46
Halacha 23
As explained,47 both the consecration of a girl below the age of majority who is fit to leave her husband through the rite of mi'un,48 and [the consecration of a girl who is] a deaf-mute are Rabbinic institutions. Nevertheless, they are two different types of ordinances. [For] the consecration of a minor was ordained so that [men] will not relate to her in an unrestrained manner.49 Her consecration is thus tentative until she comes of age. Consecration was ordained for a deaf-mute [for a different reason,] so that she will not remain unmarried forever.
Halacha 24
If [by contrast, the deceased was married to] a deaf-mute and a minor, engaging in relations with one does not free the other of her obligation.52
Halacha 25
If one [of the deceased's wives] was mentally competent, and one was a deaf-mute, engaging in relations with the mentally competent woman, or performingchalitzah with her frees the deaf-mute of her obligation. Engaging in relations with the deaf-mute, by contrast, does not free the mentally competent woman [from her obligation]. For the consecration of the deaf-mute is merely a Rabbinic institution.56
Similar [laws apply when one of the deceased wives was] above majority, and one was a minor. Engaging in relations with the woman past majority, or performing chalitzah with her frees the minor of her obligation. Engaging in relations with the minor, by contrast, does not free the woman past majority [from her obligation].
Halacha 26
[The following rules apply if] both [the deceased's wives] were minors who are entitled to absolve their marriages through mi'un. If the yavam engages in relations with one of them, and then he or one of his brothers engages in relations with the other, this does not disqualify the marriage to the first.57Nevertheless, we should instruct [the second one] to dissolve her marriage through] mi'un.58 He should then maintain [his marriage] with the minoryevamah with whom he engaged in relations first.
Halacha 27
Similar laws apply if [the deceased was married to] a minor and a deaf-mute. If the yavam first enters into relations with the minor, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the minor. The deaf-mute, however, must be divorced via a get.59
[The rationale is that] the relations with the minor are considered superior to relations with the deaf-mute, for ultimately the minor will be fit [to enter into a marriage bond that is binding according to Scriptural law]. Therefore, he should maintain his relationship with the minor with whom he engaged in relations first.60
Halacha 28
[In the above situation,] if the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the minor, this disqualifies the marriage to the deaf-mute.61 We should instruct the minor to dissolve her marriage through] mi'un;62 the deaf-mute must be divorced with a get.63
Halacha 29
[The following rules apply if the deceased was married to] a mentally competent woman and a deaf-mute. If the yavam engaged in relations with the mentally competent woman, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the mentally competent woman.64 The deaf-mute, however, must be divorced via a get.65
If the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the mentally competent woman, this disqualifies the marriage to the deaf-mute.66 The deaf-mute must be divorced with a get, and the mentally competent woman should receive both a get andchalitzah.67
Halacha 30
[The following rules apply if the deceased was married to] a woman past the age of majority and one below the age of majority. [If the yavam] first enters into relations with the woman past majority, and then he or one of his brothers engages in relations with the minor, this does not disqualify the marriage to the woman past majority.68 We should, however, instruct the minor to dissolve her marriage through mi'un.69
If he first enters into relations with the minor, and then he or one of his brothers engages in relations with the woman past majority, we should instruct the minor to dissolve her marriage through mi'un,70 and he should remain married to the woman past majority. [The rationale is that] relations with her establish a fully binding marriage bond.
| FOOTNOTES | |
| 1. |
This refers to a get given before the brother made a statement of intent to marry the yevamah(ma'amar). See Halachot 4 and 5.
|
| 2. |
See Chapter 2, Halachah 1.
|
| 3. |
In his Commentary on the Mishnah (Yevamot 3:5), the Rambam writes that at the outset, the getshould precede the chalitzah.
|
| 4. |
I.e., the get nullifies the kiddushin brought about by the ma'amar.
|
| 5. |
Whenever the Rambam uses the expression "It appears to me," he is referring to a ruling that is not specifically mentioned in the Talmud. In this instance, Rashi (Yevamot 32a, 52a) agrees with the Rambam, but the Ra'avad and Tosafot differ and maintain that if the yavam who gave her thema'amar and the get desires, he may still perform yibbum with her. The Shulchan Aruch (Even HaEzer 170:15) quotes both opinions, but appears to favor that of the Rambam.
|
| 6. |
In Halachah 1. The Rambam is adding that even if the yavam had already given the yevamah ama'amar, this ruling still applies.
If the yavam gives a get without specifying the reason, we assume that his intent is to sever his connection with the yevamah and not merely to nullify his ma'amar (Rashi, Yevamot 32a; Ramah,Even HaEzer 170:15).
|
| 7. |
Once a yavam has performed chalitzah, neither he nor his brothers may perform yibbumafterwards. Similarly, once a get has been given, the yavam is obligated to perform chalitzah and may not perform yibbum. Since yibbum is not relevant, the ma'amar is not acceptable.
|
| 8. |
For only one of the wives of the deceased brother may be married by a yavam, as stated in Chapter 1, Halachah 9.
|
| 9. |
Since a ma'amar does not complete the bond between the yavam and the yevamah, the connection between them can be disqualified because of undesirable actions, such as those mentioned by the Rambam.
|
| 10. |
Although the ma'amar that follows the relations is nullified, the marriage bond established by the relations remains in effect (Rav David Arameah).
|
| 11. |
This ma'amar is disqualified by the actions that follow it.
|
| 12. |
This ma'amar is disqualified by the actions that preceded it.
|
| 13. |
Although the ma'amar is unacceptable and yibbum is not allowed, a get is necessary (from both brothers, when two ma'amarim are involved), nevertheless, to nullify the kiddushin. Afterwards, one of the brothers should perform chalitzah to enable the woman to marry another man.
|
| 14. |
According to Rabbinic law, the yavam should give the yevamah a ma'amar before entering into relations with her. Nevertheless, after the fact, if he failed to give her such a ma'amar, their relations still establish a marriage bond between them that the Sages allowed to continue.
|
| 15. |
In all these instances, the yavam must divorce the yevamah with a get, because of their relations in which they engaged, and also perform chalitzah because of his original obligation to her. Similarly, he and/or his brothers must give a get to any of his deceased brother's other wives if she was given a ma'amar in such an instance (Maggid Mishneh, based on Yevamot 50b).
|
| 16. |
See Halachah 12. See also Chapter 7, Halachah 9, from which it is apparent that whenever ayavam cannot perform yibbum with his yevamah, the chalitzah he performs with her is deemed "inferior."
|
| 17. |
I.e., the deceased was married to many wives.
|
| 18. |
I.e., as mentioned above, unacceptable relations and/or an unacceptable ma'amar have an effect and nullify the possibility of performing yibbum with any of the deceased's other wives.
|
| 19. |
There is a question among the commentaries if the word "each" is included in the text of theMishneh Torah or not. The Maggid Mishneh maintains that this word should be included in the text. According to his interpretation, even if the yavam performs chalitzah with one of the deceased's wives who did not receive a ma'amar or engage in relations with the yavam, this chalitzah does not remove the obligation from the deceased's other wives, and each of them must performchalitzah.
The Lechem Mishneh differs and maintains that the word "each" is a later addition. (And indeed most authoritative manuscripts and early printings of the Mishneh Torah substantiate this contention.) According to this view, if the yavam performs chalitzah with one of the deceased's wives who did not receive a ma'amar or engage in relations with the yavam, this chalitzahremoves the obligation from the deceased's other wives, and none of them is required to performchalitzah.
Even according to this view, if the yavam performs chalitzah with the yevamah who received an unacceptable ma'amar or engaged in unacceptable relations, this chalitzah does not remove the obligation from the deceased's other wives, and each of them must perform chalitzah.
The Shulchan Aruch (Even HaEzer 170:19) quotes the Maggid Mishneh's interpretation of the Rambam's ruling, but mentions that other authorities differ.
|
| 20. |
In which instance she is forbidden to him by Rabbinic decree, as stated in Chapter 1, Halachah 12.
|
| 21. |
I.e., consecrating the woman by engaging in sexual relations with her, as stated in Hilchot Ishut1:2.
|
| 22. |
In which case the relations with the second yevamah violate a positive commandment of the Torah, as stated in Chapter 1, Halachah 12.
|
| 23. |
For even when the relations violate a Rabbinic prohibition or a positive commandment, a marriage bond is effected, as stated in Hilchot Ishut 4:14.
|
| 24. |
Halachah 2.
|
| 25. |
As mentioned in Halachah 1, it is only through chalitzah that the connection is completely dissolved.
|
| 26. |
As explained in the following halachah.
|
| 27. |
The intent is that the relations are of no consequence with regard to the laws of yibbum. They are, however, adulterous relations, and if the yevamah engages in them willingly, she is not permitted to remain married to her husband.
|
| 28. |
A person is forbidden to marry the women who are closely related to his divorcee. In this instance, although neither of these gittin is necessary, the prohibition is still applied in both cases.
In this instance, both women are required to perform chalitzah in order to marry another man. SeeShulchan Aruch (Even HaEzer 170:5).
|
| 29. |
Both brothers are not required to perform chalitzah in order for her to be permitted to marry others. Performing chalitzah with her does not, however, cause the deceased's other wives to become permitted, as explained in Halachot 11 and 12.
|
| 30. |
See Halachah 13.
|
| 31. |
As mentioned in Chapter 1, Halachah 14, the same relatives who are forbidden to a man who divorces his wife are forbidden to a man who performs chalitzah.
|
| 32. |
This refers to "acceptable relations," as stated in Halachah 11. If the relations are "unacceptable," different laws apply (Maggid Mishneh).
|
| 33. |
If, however, the yevamah engages in these relations willingly, she must be divorced by her husband for committing adultery.
|
| 34. |
See Halachah 13.
|
| 35. |
I.e., the deceased left two or more wives and was survived by two or more brothers. One brother decided to perform yibbum with one of the widows. Unknowingly, another brother decided to perform yibbum with another widow, and it is not known who performed yibbum first.
|
| 36. |
For the marriage of one of them is sinful, transgressing a positive commandment. Since it cannot be determined whose marriage is sinful, both are required to divorce.
See also the Beit Yosef (Even HaEzer 170), who quotes a responsum of the geonim that also requires that one of the brothers perform chalitzah. The rationale is that perhaps one of the brothers gave his yevamah a ma'amar, and then the other one performed yibbum. Since these are "unacceptable relations," chalitzah is also necessary, as explained above.
|
| 37. |
For it is not known that his brother performed yibbum, and even if he did perform yibbum, perhaps he did so after this brother performed yibbum. Since there are several doubts involved (םפק םפקא), the yavam is not forced to divorce until he has determined that his brother has also performed yibbum.
|
| 38. |
The commentaries have questioned this ruling, based on Chapter 3, Halachah 16, which requires a woman to wait until she discovers what has taken place overseas, lest the chalitzah be unnecessary, she discover that fact and marry a priest and an onlooker not know all the details of the situation. Such a scenario could also happen in the present situation.
There are commentaries that try to reconcile the Rambam's ruling. For example, Mishneh LaMelech explains that in the present instance, the doubt could be protracted indefinitely, while in the previous case, everything is dependent on a woman's giving birth, and the matter can be clarified after nine months. Nevertheless, because of these objections, the Shulchan Aruch (Even HaEzer 170:20) does not mention this element of the Rambam's ruling.
|
| 39. |
As mentioned in Chapter 1, Halachah 15 (and Hilchot Ishut 11:3), when a boy over nine years old enters into sexual relations with a woman, his actions are considered of consequence in certain contexts.
The Maggid Mishneh and Rashi (Kiddushin 19a) explain that when a minor above nine years old enters into relations with a woman, he acquires her as his wife according to Scriptural law. (Nevertheless, if another man enters into relations with her, the other man is not executed for committing adultery.) Our Sages, however, reduced the level of connection established and caused their marriage bond to have only the effectiveness of a ma'amar.
[The rationale why yibbum performed by a minor is effective although a minor does not possess the intellectual maturity to take responsibility for his conduct is that we find that yibbum does not require intent at all; what is significant is the act of sexual relations. (See Chapter 2, Halachah 3.)]
Tosafot differ and maintain that, in this context, the relations of a nine-year old are of no consequence according to Scriptural law. Nevertheless, the Rabbis enforced a stringency and considered these relations to be equivalent to a ma'amar.
|
| 40. |
This concept is illustrated in the halachah that follows, as is another consequence of the principle that the sexual relations that this youth engages in are considered equivalent to a ma'amar given by an adult.
|
| 41. |
As mentioned in Chapter 4, Halachah 16, chalitzah performed by a minor is of no consequence, because the passage concerning chalitzah explicitly mentions an איש - i.e., a male past majority. Since chalitzah performed by a minor is of no consequence, a get given by him is of no consequence, because the disqualification caused by a get is an extension by the Rabbis of the Scriptural prohibition caused by chalitzah.
Significantly, the Rambam's statements here represent a reversal of his ruling in his Commentary on the Mishnah (Yevamot 10:6), in which he rules that a get given by a minor does disqualify ayevamah from performing yibbum with the minor's brothers.
|
| 42. |
Had the younger brother been past the age of majority, he would have disqualified the yevamahfrom performing yibbum with his older brother, as stated in Halachot 7 and 14.
|
| 43. |
See Halachot 7 and 14.
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| 44. |
Since the minor's relations possess only the strength of a ma'amar, their effectiveness can be nullified by the actions of an older brother.
|
| 45. |
For the relations in which they engaged after the yavam attained majority complete the marriage bond.
|
| 46. |
As explained in Hilchot Ishut 2:11, a male who does not manifest signs of impotency is considered a minor until he attains the age of 35.
|
| 47. |
See Hilchot Ishut 4:7-9.
|
| 48. |
As explained in Hilchot Ishut 4:7 and Hilchot Gerushin 11:1, when a girl's father died and she is below the age of majority, our Sages ordained that her mother and/or brothers can arrange a marriage for her. This marriage is not binding according to Scriptural law. Accordingly, when creating this option, our Sages gave the girl the possibility of nullifying the marriage before she reaches majority merely by making a verbal statement.
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| 49. |
If, however, she marries, they would respect the limits of modesty and her husband would protect her (Yevamot 112b).
|
| 50. |
If, however, one is a mentally capable woman past the age of majority, yibbum or chalitzah should be performed with her - for her marriage is binding according to Scriptural law - and not with those whose marriage is binding only by virtue of a Rabbinic ordinance.
|
| 51. |
For their marriage bonds all share the same status.
|
| 52. |
The marriage relationship of each one possesses an advantage over the other. The marriage with the minor, had it not been interrupted, could have blossomed into a marriage bond binding according to Scriptural law. On the other hand, there is an advantage to the marriage to the deaf-mute, because the minor had the option of ending her marriage at will, while that of the deaf-mute was binding. As evident from Halachot 27 and 28, the marriage to the minor is preferable.
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| 53. |
For just as she can dissolve her relationship with her husband while he is alive, she can nullify it afterwards, freeing herself from any obligation to the yavam (Hilchot Gerushin 11:3).
The Ra'avad differs and maintains that a minor is permitted to free herself from an obligation to theyavam through mi'un only when this facilitates the establishment of a marriage bond that is binding according to Scriptural law. (See Halachah 30 and Chapter 7, Halachah 15.) In this instance, however, she is not given the privilege. Instead, she must wait until she attains majority and then perform chalitzah. The Shulchan Aruch (Even HaEzer 171:1) quotes the Rambam's view.
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| 54. |
Since the deaf-mute is not considered responsible for her actions, she cannot perform chalitzah. She must either perform yibbum or remain unmarried for the remainder of her life.
If the yavam performs yibbum with the minor, he may not perform yibbum with the deaf-mute, for he is permitted to perform yibbum only with one of his deceased brother's wives.
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| 55. |
The deaf-mute is not considered responsible for her actions. Nevertheless, since according to Scriptural and Talmudic law a get may be given without the woman's consent, the divorce is binding (Hilchot Gerushin 10:23).
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| 56. |
And performing yibbum with a woman who is consecrated only according to Rabbinic law does not free a woman who is consecrated according to Scriptural law from her obligation.
|
| 57. |
For, as mentioned in Halachah 14, after a yavam engages in relations with his yevamah, their relationship cannot be disqualified.
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| 58. |
If the second wife does not perform mi'un, her consecration is also binding. Nevertheless, it involves the violation of a positive commandment. Moreover, a get is required for nullifying this marriage, and she becomes forbidden to the priesthood. If, however, she dissolves her marriage through mi'un, a get is not required.
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| 59. |
For relations with her are forbidden, and yet her consecration is binding.
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| 60. |
Although the Ra'avad differs with the Rambam and maintains that it is forbidden to remain married to the minor, the Shulchan Aruch (Even HaEzer 171:7) follows the Rambam's ruling.
|
| 61. |
For the marriage to the minor is preferable to that of the deaf-mute.
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| 62. |
Since the yavam entered into relations with the deaf-mute first, he is not able to remain married to the minor. She should therefore dissolve her obligation to him through mi'un. The Sages preferred this option rather than having her wait until she attains majority and receives a get and chalitzah, because of the impression that the latter process might create (Or Sameach). Moreover, far fewer legal details are involved (Kin'at Eliyahu).
Note the Tur (Even HaEzer 171), which interprets the Ra'avad's comments on this halachah as implying that the yavam should remain married to the minor. The Tur does not accept this view.
|
| 63. |
Once the minor has performed mi'un, it appears that there is no obligation for the deaf-mute to be divorced, for the minor has uprooted her connection to her deceased husband, and as such, the relations with her seemingly should not affect the status of the deaf-mute. Nevertheless, our Sages ruled that the deaf-mute must be divorced, as a penalty, because the yavam should have waited to engage in relations with her until the minor performed mi'un (Or Sameach).
The Tur (loc. cit) differs and maintains that the yavam may remain married to the deaf-mute. TheShulchan Aruch (Even HaEzer 171:8) quotes the Rambam's view, while the Ramah mentions that of the Tur.
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| 64. |
For her marriage was established through "acceptable relations." Even if the other wife of the deceased was mentally competent, relations with her would not disqualify the yavam's marriage to the first yevamah.
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| 65. |
Because the relations with her consecrated her. Nevertheless, continuing this marriage involves a prohibition.
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| 66. |
Since the marriage to the mentally competent woman is binding according to Scriptural law, it supersedes the marriage to the deaf-mute.
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| 67. |
She must be divorced, because the relations with the deaf-mute cause relations with her to be considered as "unacceptable relations." Therefore, she must receive a get to nullify the consecration brought about by the relations, and chalitzah to nullify her obligation to her yavam.
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| 68. |
For these are "acceptable relations."
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| 69. |
Since the yavam entered into relations with the woman past majority first, he is not able to remain married to the minor. She should therefore dissolve her obligation to him through mi'un, rather than having her receive a get, because in this manner she is not disqualified from the priesthood.
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| 70. |
In this way, the minor dissolves all connection to the yavam, and there is no prohibition against his remaining married to the woman past majority. This option is preferred so that the yavam will have performed an act of yibbum that is binding according to Scriptural law.
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Genevah - Chapter Seven
Halacha 1
When a person weighs for a colleague using weights that are less than the weights accepted by the people in that country, or he measures using a measure that contains less than the measure used by people in that country, he violates a negative commandment,, as Leviticus 19:35 states: "Do not act deceitfully with regard to a judgment concerning measures, weights and liquid measures."
Halacha 2
Although a person who measures with an inaccurate measure or weight is a thief, he is not required to make a double payment of the stolen amount. All that is necessary is to give the proper measure of the article that was sold. Lashes are not given for the violation of this transgression, because the thief is obligated to make financial restitution.
Halacha 3
Whoever possesses an imperfect measure or weight in his home or store violates a negative commandment, as Deuteronomy 25:13 states: "You shall not have in your pocket two sets of weights...." One may not even use the imperfect measure as a chamber pot. For even if one does not use the imperfect measure oneself to buy and to sell, another person who does not know that it is imperfect may come and use it as a measure.
Lashes are not administered for the violation of this transgression, because it does not involve a deed.
Halacha 4
If a standard seal was affixed to all the measures and weights in a city, and the imperfect measure did not have such a seal, it is permitted to leave it for other household purposes.
Similarly, when a sela became blemished at its side, a person should not use it as a weight, nor should he cast it among his pieces of scrap metal, nor should he drill a hole in it and hang it around his son's neck, lest another person come and make it appear as a weight. Instead, one should grind it into powder, cut it into small pieces, pulverize it, or throw it into the Dead Sea.
Halacha 5
If the size of a sela was reduced to the extent that it was halved, it may be used. If it was reduced to less than half or more than half, it should be cut until it becomes a half.
If it was reduced by less than one sixth of its worth, it may be used for buying and selling, but not as a weight. The reason it may be used is that most people will forgo any loss that is less than a sixth.
Halacha 6
When a sela is damaged in its center, it may not be sold to a killer or a thief, for they may use it to deceive others. One may, however, place a hole in its center and hang it around a child's neck.
Halacha 7
A person should make his measures the size of a se'ah, half a se'ah and a quarter of a se'ah, a kav, half a kav, a quarter of a kav, an eighth of a kav and a twenty-fourth of a kav. He should not, however, make a measure of twokabbim], lest it be mistaken for a quarter of a se'ah, which is a kav and a half.
Similarly, with regard to liquid measure, one should make a hin, half a hin, a third of a hin, a quarter of a hin, a log, half a log, a quarter of a log, an eighth of a log and a sixty-fourth of a log.
The Sages did not forbid one from making a third of a hin and a quarter of ahin, although they could be confused with each other, because there were such measures in the Sanctuary from the time of Moses our teacher onward.
Halacha 8
Whether a person deals with a Jew or a gentile, if he measures or weighs with a measure that is lacking, he transgresses a negative commandment and is obligated to return the difference.
Similarly, it is forbidden to deceive a gentile with regard to an account; instead, one must reckon carefully with him, as Leviticus 25:50 states: "You should reckon with his purchaser."
This applies with regard to a gentile who is under your control; surely it applies to one who is not under your control. A person who performs such deceit is included among those about whom Deuteronomy 25:16 says: "They are an abomination unto God, all who do these things, all who act crookedly."
Halacha 9
Similar principles apply regarding the measurement of land. If a person deceives a colleague with regard to the measurement of land, he transgresses a negative commandment, as implied by Leviticus 19:35: "Do not act deceitfully with regard to a judgment concerning measures...."
"Measures" refers to the measurement of land. The verse is saying that one should not act deceitfully with regard to any judgment, be it a judgment concerning measures, one of weights or one involving a tiny liquid measure, the size of a mesurah.
Halacha 10
When the members of a company are exact in their dealings with each other, and they exchange one portion of a sacrificial offering for another, or they borrow food and then return its equivalent, they transgress the prohibition against false measures, false weights and false amounts if they do not return the exact amount. If the exchange takes place on a festival, it is also a transgression of the prohibition against borrowing and repaying on a festival.
Halacha 11
A person who usurps the property boundaries of a colleague and includes even a fingerbreadth of a colleague's landed property in his own property transgresses. If he acts openly, by the power of force, he is a robber. If he acts with stealth, he is a thief.
If he usurps a colleague's property in Eretz Yisrael, he transgresses two negative commandments: the prohibition against either theft or robbery, and the prohibition against moving a property boundary. One is liable for the transgression of this negative commandment only in Eretz Yisrael, forDeuteronomy 19:14 states: "Do not usurp the property boundaries of a colleague... in the heritage that you will acquire...."
Halacha 12
The punishment for the person who uses false measures is greater than the punishment for licentious sexual behavior, for this is a sin between a person and his colleague, and this is a sin between a person and God.
Whoever denies the mitzvah of just measures is considered as if he denied the exodus from Egypt, which is the first of God's commandments. Conversely, one who accepts the mitzvah of just measures is considered as if he acknowledges the exodus from Egypt, which brought about all of God's commandments.
Genevah - Chapter Eight
Halacha 1
It is a positive commandment to correct the scales, weights and measures carefully and to be exact in their measure when making them, as Leviticus 19:36 states: "You shall have correct scales...."
Similarly, with regard to the measurement of land, one must be exact according to the principles of geometry. Even a fingerbreadth of land is considered to be a great loss, as if it were filled with saffron.
Halacha 2
The four cubits that are next to an irrigation ditch need not be measured carefully, and those that are next to a river bank are not measured at all, for they belong to the public domain.
Halacha 3
A person who measures land should not measure the portion of one partner in the summer and of the other in the winter, because a rope will contract in the summer. Therefore, if the measurement was made with a rod, with iron chains or with the like, the differences in season are of no consequence.
Halacha 4
Weights should not be made of iron, lead or other metals of that nature, for they rust and become reduced in weight. One should make them from marble, glass, diamond and the like.
Halacha 5
The stick used to level the top of a dry measure should not be made of a gourd, because it is too light, nor of metal, because it is too heavy. Instead, it should be made of olive wood, walnut, box wood, sycamore wood or the like.
Halacha 6
The stick used to level the top of a dry measure should not be made with one side narrow and one side thick. One should not level a measure slowly, bit by bit, for in doing so the seller is cheated, nor should it be leveled in one fell swoop, for by doing so the purchaser is cheated.
Halacha 7
One may not bury weights in salt so that their weight will be reduced, nor may one heat while measuring a liquid.
This applies even if the measure is very small, for the Torah was concerned with even the slightest deviation from an honest measure, as implied by the mention of a mesurah in Leviticus 19:35. A mesurah is a very tiny measure, merely a thirty-third of a log.
Halacha 8
Sellers of scrap iron and the like should construct the scale they use in the following manner. The balance that the person who is weighing holds in his hands should hang freely in the air for at least three handbreadths, and should be three handbreadths above the ground. The length of the center pole and the length of the cables should be twelve handbreadths.
Halacha 9
A scale used by wool merchants and glass merchants should be constructed in the following manner. The balance should hang freely in the air for at least two handbreadths and should be two handbreadths above the ground. The length of the center pole and the length of the cables should be nine handbreadths.
Halacha 10
A scale used by an ordinary storekeeper and a house-owner should be constructed in the following manner. The balance should hang freely in the air for at least one handbreadth, and should be one handbreadth above the ground. The length of the center pole and the length of the cables should be six handbreadths.
Halacha 11
The cables on which the balance is hung, and similarly the cables of the scales used to weigh gold and used by merchants of purple fabric should be three fingerbreadths long and should be three fingerbreadths above the ground. No standard measure was given for the length of the balance and the length of its chains; it depends on the desire of the person doing the weighing.
Halacha 12
What is the source that teaches us that one must tip the balance in favor of the purchaser when his purchase is being weighed for him? Deuteronomy 25:15states: "You shall have a perfect and just weight." The Torah's statements can be interpreted to mean: "Justify your balance from what you have and give it to him."
Halacha 13
How much should the seller tip in the purchaser's favor? With regard to liquid measure, one hundredth of the amount purchased. With regard to dry measure, one four-hundredth of the amount purchased.
What is implied? If he sold him ten pounds of a liquid measure, he should give him one tenth of a pound as an extra amount. If he sold him twenty pounds of a dry measure, he should give him an extra twentieth of a pound. This ratio should be followed regardless of whether the amounts involved are great or small.
Halacha 14
When does the above apply? In a place where it is customary to sell by looking at the scale. In a place where it is customary actually to tip the balance, one must tip it at least a handbreadth in favor of the purchaser.
Halacha 15
If the seller had to weigh ten pounds for the purchaser, the purchaser should not say: "Weigh them out one at a time and tip the balance each time." Instead, the seller may weigh out all ten at once and tip the balance only once for the entire amount.
Halacha 16
In a place where it is customary to measure with a small measure, one should not measure with a large one. In a place where it is customary to measure with a large measure, one should not measure with a small one.
Where it is customary to even off the measure, one should not sell a heaping measure and raise the price, nor where it is customary to give a heaping measure should one sell a level measure and reduce the price. Instead, one should measure according to the local custom.
Halacha 17
When the inhabitants of a locale desire to increase the size of the measures or weights, they should not increase them more than a sixth. For example, if a kavheld five measures, they may establish it as holding six. They should not, however, establish it as holding more than six.
Halacha 18
A wholesale merchant must clean his measures once every 30 days. A house-owner must do this every twelve months, and a storekeeper twice a week. Once a week, he must wash his weights, and he should clean the balance after every time that he weighs, so that it will not rust.
Halacha 19
A person who desires to weigh three-fourths of a pound of meat should place a pound weight on one side of the balance and place the meat and a quarter-pound weight in the other side of the balance. If one said that he should place a half-pound weight and a quarter-pound weight on one side and the meat on the other side, it is possible that the quarter-pound weight will fall without being seen by the purchaser.
Halacha 20
The court is obligated to appoint police in every city and town to inspect the stores periodically, correct the scales and measures, and set the prices. They are permitted to beat any person who possesses an unjust measure or weight or an improper balance according to his capacity, and to fine him as the court sees fit to enforce the matter.
Whenever a person raises prices and sells at a higher price, he may be beaten and compelled to sell at the ordinary market price.
Genevah - Chapter Nine
Halacha 1
Whoever kidnaps another person transgresses a negative commandment, asExodus 20:13 states: "Do not steal." This verse is stated in the Ten Commandments and serves as a warning against kidnapping.
Similarly, a person who sells a kidnapped person violates a negative commandment, for this is included in the adjuration, Leviticus 25:42: "Do not sell him in the manner a servant is sold."
These two transgressions are not punished by lashing, because they involve capital punishment, as Deuteronomy 24:7 states: "When a person is found stealing one of his brethren... that thief shall die." He is to be executed by strangulation.
Halacha 2
A kidnapper is not liable for capital punishment unless he kidnaps a Jewish person, brings him into the kidnapper's own domain, makes use of him, and then sells him to others, as Deuteronomy, ibid. states: "And he makes use of him, and sells him."
Even if he makes use of his services for a minor matter, not worth a p'rutah - e.g., he leaned on him or used him as a shield, even if the abducted person was asleep at that time - the kidnapper is considered to have made use of him.
Halacha 3
If the kidnapper kidnapped a person, made use of him, and sold him without taking the abducted person from his own domain and bringing him into the kidnapper's domain, he is not liable for capital punishment. Similarly, he is not liable for capital punishment if he kidnapped him, brought him into the kidnapper's domain, made use of him, and did not sell him, or sold him before he made use of him.
Similarly, if the kidnapper made use of the abducted person, but sold him to one of the abducted person's relatives - e.g., he sold him to his father or his brother - he is not liable for capital punishment. For the above verse mentions "stealing... of his brethren." Implied is that the abducted person must be separated from his brothers and relatives through this sale.
Similarly, if the kidnapper kidnapped the abducted person, made use of him, and sold him - all of this while the abducted person was sleeping, the kidnapper is not liable for capital punishment.
Halacha 4
Similarly, if he kidnapped a pregnant woman and sold only her offspring - i.e., he made an agreement with the purchaser that he retained possession of the woman, and the purchaser is entitled only to her offspring, he is not liable.
Halacha 5
The following individuals are not liable for capital punishment: a person who kidnaps his son or a brother who is below majority, a guardian who kidnaps the orphans who are in his trust, a house-owner who kidnaps one of the members of his household, and a teacher who kidnaps one of the students studying under him.
This applies even if the kidnapper makes use of and sells the abducted person. This is derived from the exegesis of Exodus 21:16: "And he is found in his hand." This excludes those who are constantly found in their hand.
Halacha 6
A kidnapper - either a male or a female - is liable for capital punishment regardless of whether he kidnaps an adult or a one-day-old infant - provided the pregnancy was full-term - and regardless of whether the abducted person was male or female. This is implied by the above verse, which mentions "kidnapping a soul."
It makes no difference if one kidnaps a native-born Israelite, a convert or a freed Canaanite servant, for the above verse states: "one of his brethren." And the above are "our brothers," related by the bond of the Torah and its mitzvot. One is not, however, liable for capital punishment for kidnapping a Canaanite servant or a servant who has been freed only partially.
Halacha 7
When a person breaks into a home - whether at night or during the day - license is granted to kill him. If either the homeowner or another person kills him, they are not liable.
The license to kill him applies both on the Sabbath and during the week; one may kill in any possible manner. This is all implied by Exodus 22:1, which literally reads: "He has no blood."
Halacha 8
The license mentioned above applies to a thief caught breaking in or one caught on a person's roof, courtyard or enclosed area, whether during the day or during the night. Why does the Torah mention "breaking in," because it is the general practice for thieves to break in at night.
Halacha 9
Why did the Torah permit the blood of such a thief to be shed, although he is only attempting to steal money? Because it is an accepted presumption that if the house-owner arises and attempts to prevent the thief from stealing, the thief will slay him. And thus the thief entering his colleague's house to steal is in effect a pursuer seeking to kill his colleague. Therefore, he should be killed, whether he is an adult or a minor, or a man or a woman.
Halacha 10
If it is clear to the house-owner that the thief who breaks in will not kill him and instead is only seeking financial gain, it is forbidden to kill the thief. If the house-owner kills him, the house-owner is consi- dered to be a murderer.
This is alluded to by Exodus 22:2, which states: "If the sun shines upon him..." - i.e., if it is as clear to you as the sun that he is at peace with you, do not kill him. Therefore, a father who breaks into his son's home should not be killed. But a son who breaks into his father's home may be killed.
Halacha 11
Different rules apply with regard to a thief who stole and departed, or one who did not steal, but was caught leaving the tunnel through which he entered the home. Since he turned his back on the house and is no longer intent on killing its owner, he may not be slain.
Similarly, if he is surrounded by other people, or by witnesses, he may not be killed, even if he is still located within the domain which he broke into. Needless to say, if he is brought to the court he may not be killed.
Halacha 12
Similarly, a person who breaks into a garden, a field, a pen or a corral may not be killed, for the prevailing presumption is that he came merely to steal money, for generally the owners are not found in such places.
Halacha 13
Whenever license is not granted to kill a thief, we should remove stones from an avalanche that fell upon him on the Sabbath. If he destroyed utensils while inside the house, he is liable for the damages. When, however, license is granted to kill a person, and he broke utensils while in the home, he is not liable for the damages, as explained above.
This concludes "The Laws of Theft" with God's help.
• Thursday, Elul 5, 5775 · 20 August 2015
"Today's Day"
Sunday Elul 5 5703
Torah lessons: Chumash: Teitsei, first parsha with Rashi.
Tehillim: 29-34. Also 13-15.
Tanya: XII. "And the act (p. 449) ...of separate attributes. (p. 449).
Our custom in donning the tallit gadol:1 Place the folded tallit on the right shoulder. Inspect the tzitzit while reciting borchi nafshi (p. 11). Remove the tallit from the shoulder and open it. Kiss the top border. Twirl the tallit away from in front of the face to a position behind you.
Begin the b'racha l'hitateif b'tzitzit. Complete the b'racha close to placing the two right corners (of the tallit) around the neck over the left shoulder.
(See Sh'eirit Yehuda, Orach Chayim, 1, and Divrei Nechemya, Orach Chayim, 9.)
FOOTNOTES
1. "Large tallit," worn during prayer - as distinct from the tallit katan ("small tallit") worn constantly (beneath the outer garments).
Daily Thought:
Keep the Windows Open
Our souls are the windows through which the world receives light, the pores through which it breathes, its channels to its supernal source.
When we do good, speak words of kindness and teach wisdom, those windows open wide.
When we fail, they cloud over and shut tight.
Such a shame, this loss of light, this lost breath of fresh air! A stain can be washed away, but a moment of life, how can it be returned?
Please, keep the windows open.
____________________________
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