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 7</ br> Chapter 8 </ br> Chapter 9
Psalm 7:(0) A shiggayon of David, which he sang to Adonai because of Kush the Ben-Y’mini:
2 (1) Adonai my God, in you I take refuge.
Save me from all my pursuers, and rescue me;
3 (2) otherwise, they will maul me like a lion
and tear me apart, with no rescuer present.
4 (3) Adonai my God, if I have caused this,
if there is guilt on my hands,
5 (4) if I paid back evil to him who was at peace with me,
when I even spared those who opposed me without cause;
6 (5) then let the enemy pursue me
until he overtakes me
and tramples my life down into the earth;
yes, let him lay my honor in the dust. (Selah)
7 (6) Rise up, Adonai, in your anger!
Arouse yourself against the fury of my foes.
Wake up for me; you commanded justice.
8 (7) May the assembly of the peoples surround you;
may you return to rule over them from on high.
9 (8) Adonai, who dispenses judgment to the peoples,
judge me, Adonai, according to my righteousness
and as my integrity deserves.
10 (9) Let the evil of the wicked come to an end,
and establish the righteous;
since you, righteous God,
test hearts and minds.
11 (10) My shield is God,
who saves the upright in heart.
12 (11) God is a righteous judge,
a God whose anger is present every day.
13 (12) If a person will not repent,
he sharpens his sword.
He has bent his bow, made it ready;
14 (13) he has also prepared for him
weapons of death, his arrows,
which he has made into burning shafts.
15 (14) Look how the wicked is pregnant with evil;
he conceives trouble, gives birth to lies.
16 (15) He makes a pit, digs it deep,
and falls into the hole he made.
17 (16) His mischief will return onto his own head,
his violence will recoil onto his own skull.
18 (17) I thank Adonai for his righteousness
and sing praise to the name of Adonai ‘Elyon.
8:(0) For the leader. On the gittit. A psalm of David:
2 (1) Adonai! Our Lord! How glorious
is your name throughout the earth!
The fame of your majesty
spreads even above the heavens!
3 (2) From the mouths of babies and infants at the breast
you established strength because of your foes,
in order that you might silence
the enemy and the avenger.
4 (3) When I look at your heavens, the work of your fingers,
the moon and stars that you set in place —
5 (4) what are mere mortals, that you concern yourself with them;
humans, that you watch over them with such care?
6 (5) You made him but little lower than the angels,
you crowned him with glory and honor,
7 (6) you had him rule what your hands made,
you put everything under his feet —
8 (7) sheep and oxen, all of them,
also the animals in the wilds,
9 (8) the birds in the air, the fish in the sea,
whatever passes through the paths of the seas.
10 (9) Adonai! Our Lord! How glorious
is your name throughout the earth!
9:(0) For the leader. On the death of Labben. A psalm of David:
2 (1) I give thanks to Adonai with all my heart.
I will tell about all your wonderful deeds.
3 (2) I will be glad and exult in you.
I will sing praise to your name, ‘Elyon.
4 (3) When my enemies turn back,
they stumble and perish before you.
5 (4) For you upheld my cause as just,
sitting on the throne as the righteous judge.
6 (5) You rebuked the nations, destroyed the wicked,
blotted out their name forever and ever.
7 (6) The enemy is finished, in ruins forever;
you destroyed their cities; all memory of them is lost.
8 (7) But Adonai is enthroned forever;
he has set up his throne for judgment.
9 (8) He will judge the world in righteousness;
he will judge the peoples fairly.
10 (9) Adonai is a stronghold for the oppressed,
a tower of strength in times of trouble.
11 (10) Those who know your name put their trust in you,
for you have not abandoned those who seek you, Adonai.
12 (11) Sing praises to Adonai, who lives in Tziyon;
proclaim his deeds among the peoples.
13 (12) For the avenger of blood remembers them,
he does not ignore the cry of the afflicted:
14 (13) “Have mercy on me, Adonai!
See how I suffer from those who hate me;
you raise me from the gates of death,
15 (14) so that I can proclaim all your praises
at the gates of the daughter of Tziyon
and rejoice in this deliverance of yours.”
16 (15) The nations have drowned in the pit they dug,
caught their own feet in the net they hid.
17 (16) Adonai made himself known and executed judgment;
the wicked are ensnared in the work of their own hands. (Higgayon; Selah)
18 (17) The wicked will return to Sh’ol,
all the nations that forget God.
19 (18) For the poor will not always be forgotten
or the hope of the needy perish forever.
20 (19) Arise, Adonai! Don’t let mortals prevail!
Let the nations be judged in your presence.
21 (20) Strike them with terror, Adonai!
Let the nations know they are only human. (Selah)
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:
• Passing of Rabbi A. I. Kook (1935)
Elul 3 is the yahrtzeit of the first Ashkenazic Chief Rabbi (in modern times) of the Religious Zionist Jewish community in the Holy Land, Rabbi Abraham Isaac Kook, who assumed his position upon the formation of the British Mandate in 1920. A leading philosopher and mystic, Rabbi Kook authored many books and letters, and is a founding father of the "Religious Zionist" movement.
Daily Quote:
There is love like fire, and there is love like water[The Chassidic Masters]
Daily Study:
Chitas and Rambam for today:
Chumash: Shoftim, 3rd Portion Deuteronomy 18:1-18:5 with Rashi
• Chapter 18
1The Levitic kohanim, the entire tribe of Levi, shall have no portion or inheritance with Israel; the Lord's fire offerings and His inheritance they shall eat. אלֹא יִהְיֶה לַכֹּהֲנִים הַלְוִיִּם כָּל שֵׁבֶט לֵוִי חֵלֶק וְנַחֲלָה עִם יִשְׂרָאֵל אִשֵּׁי יְהֹוָה וְנַחֲלָתוֹ יֹאכֵלוּן:
the entire tribe of Levi: whether whole-bodied or blemished. — [Sifrei] כל שבט לוי: בין תמימין בין בעלי מומין:
no portion: i.e., in the spoils. חלק: בביזה:
or inheritance: in the land. — [Sifrei] ונחלה: בארץ:
the Lord’s fire-offerings: The holy sacrifices of the Temple. (Other editions: The holiest sacrifices.) אשי ה': קדשי המקדש [קדשי קדשים]:
and His portion: These are the holy things of the boundaries, [i.e. those eaten throughout the entire land, namely,] the terumoth and the tithes, but he shall have no absolute inheritance among his brothers. In Sifrei [18:41], our Rabbis expound as follows: ונחלתו: אלו קדשי הגבול תרומות ומעשרות. אבל נחלה גמורה לא יהיה לו בקרב אחיו. ובספרי דרשו,
2But he shall have no inheritance among his brothers; the Lord is his inheritance, as He spoke to him. בוְנַחֲלָה לֹא יִהְיֶה לּוֹ בְּקֶרֶב אֶחָיו יְהֹוָה הוּא נַחֲלָתוֹ כַּאֲשֶׁר דִּבֶּר לוֹ:
But he shall have no inheritance: This refers to the “inheritance of the remainder.” ונחלה לא יהיה לו : זו נחלת שאר:
among his brothers: this refers to the “inheritance of the five.” I do not know what this means. It appears to me, however, that across the Jordan and onwards is called “the land of the five nations,” and that of Sihon and Og is called “the land of the two nations,” namely, the Amorites and the Canaanites. Now the expression, “inheritance of the remainder,” is meant to include the [remaining three nations of the ten whose land God promised to Abraham, namely] the Kenites, the Kenizzites, and the Kadmonites (Gen. 15:19). The Sifrei in the section dealing with the [priestly] gifts specified for Aaron expounds this in a similar fashion, on the verse (Deut. 10:9), “Therefore, Levi has no portion or inheritance,” to admonish [the Levite to take no portion in] the inheritance of the Kenites, the Kenizzites, and the Kadmonites. It has since been found in the words of Rabbi Kalonymus that the proper version of this passage in Sifrei reads as follows: בקרב אחיו: זו נחלת חמשה. ואיני יודע מה היא. ונראה לי שארץ כנען שמעבר הירדן ואילך נקראת ארץ חמשה עממין, ושל סיחון ועוג, שני עממין אמורי וכנעני. ונחלת שאר לרבות קיני וקנזי וקדמוני. וכן דורש בפרשת מתנות שנאמרו לאהרן על כן לא היה ללוי וגו' (דברים י, ט) להזהיר על קיני וקנזי וקדמוני. שוב נמצא בדברי רבי קלונימוס הכי גרסינן בספרי
And he will have no inheritance: This refers to the “inheritance of the five.” ונחלה לא יהיה לו: אלו נחלת חמשה
among his brothers: This refers to the “inheritance of the seven.” [Rashi now explains this version of the Sifrei:] [The first reference is to] the inheritance of five [of the twelve] tribes [of Israel]. [The second, is to] the inheritance of [the remaining] seven tribes [of Israel]. Now Moses and Joshua apportioned inheritance only to five tribes: Moses, to Reuben, Gad, and half the tribe of Manasseh; Joshua, to Judah, Ephraim, and [the other] half of the tribe of Manasseh. The remaining seven tribes took their inheritance by themselves after Joshua’s demise. Thus, because of this [distinction between these five former tribes and the seven latter ones], the Sifrei mentions five and seven separately. בקרב אחיו: אלו נחלת שבעה. נחלת חמשה שבטים ונחלת שבעה שבטים. ומתוך שמשה ויהושע לא חלקו נחלה אלא לחמשה שבטים בלבד, שכן משה הנחיל לראובן וגד וחצי שבט מנשה, ויהושע הנחיל ליהודה ואפרים ולחצי שבט מנשה, ושבעה האחרים נטלו מאליהן אחרי מות יהושע, מתוך כך הזכיר חמשה לבד ושבעה לבד:
as He spoke to him: i.e., to Aaron [saying],“You shall not inherit in their land… I am your portion [and your inheritance, among the children of Israel].”- [Num. 18:20] כאשר דבר לו: [לאהרן] בארצם לא תנחל וגו' אני חלקך (במדבר יח כ):
3And this shall be the kohanim's due from the people, from those who perform a slaughter, be it an ox or a sheep, he shall give the kohen the foreleg, the jaws, and the maw. גוְזֶה יִהְיֶה מִשְׁפַּט הַכֹּהֲנִים מֵאֵת הָעָם מֵאֵת זֹבְחֵי הַזֶּבַח אִם שׁוֹר אִם שֶׂה וְנָתַן לַכֹּהֵן הַזְּרֹעַ וְהַלְּחָיַיִם וְהַקֵּבָה:
from the people: But not from the kohanim [i.e., a kohen is exempt from these dues]. — [Sifrei , Chul. 132b] מאת העם: ולא מאת הכהנים:
be it an ox or a sheep: But not [from the category of] beast (חַיָּה) . אם שור אם שה: פרט לחיה:
the foreleg: from the carpus to the shoulder blade, called espaldun, espalde, or espaleron in Old French. — [Chul. 134b] הזרוע: מן הפרק של ארכובה עד כף של יד שקורין אשפלדו"ן [עצם השכם]:
the jaws: together with the tongue. Those who interpret the symbolism of Biblical verses say, the זְרוֹעַ [which is, in effect, the “hand” of the animal, became the due of the kohanim , as a reward] for the “hand” [which Phinehas, the kohen , raised against the sinners], as it is said, “and he took a spear in his hand” (Num. 25:7); the jaws [as a reward] for the prayer [he offered], as it is said,“Then Phinehas stood and prayed” (Ps. 106:30); and the maw (הַקֵּבָה) , as a reward [for his action against the sinning woman], as it said,“[And he stabbed both of them, the man of Israel] and the woman in her stomach (קֵבָתָהּ)” (Num. 25:8). - [Chul. 134b]. הלחיים: עם הלשון. דורשי רשומות היו אומרים, זרוע, תחת יד, שנאמר ויקח רומח בידו (במדבר כה ז). לחיים, תחת תפלה, שנאמר ויעמוד פינחס ויפלל (תהלים קו ל). והקבה, תחת האשה אל קבתה (במדבר כה ח):
4The first of your grain, your wine, and your oil, and the first of the fleece of your sheep, you shall give him. דרֵאשִׁית דְּגָנְךָ תִּירשְׁךָ וְיִצְהָרֶךָ וְרֵאשִׁית גֵּז צֹאנְךָ תִּתֶּן לוֹ:
The first of your grain: This refers to terumah ; and although the verse does not state a required amount, our Rabbis set an amount for it [ranging from a sixtieth to a fortieth of the total produce as follows]: A generous [person] gives one fortieth of the crop, a miserly [person] one sixtieth, and [a person of] average generosity one fiftieth. They base [this ruling] that one should not give less than one sixtieth on what is said, “[This is the offering that you shall set apart: a sixth of an ephah from a homer of wheat,] and you shall separate a sixth of an ephah from a homer of barley” (Ezek. 45:13). [Since an ephah is equivalent to three se’ah ,] a sixth of an ephah is equivalent to half a se’ah . [Now the “homer” mentioned in the verse is the same as a kor .] When you give [one sixth of an ephah from a homer , which we now know to be] one half of a se’ah for a kor , this amounts to one sixtieth because a kor is thirty se’ah . — [Yerushalmi , Terumoth 4:3] ראשית דגנך: זו תרומה, ולא פירש בה שיעור, אבל רבותינו נתנו בה שיעור, עין יפה אחד מארבעים, עין רעה אחד מששים, בינונית אחד מחמשים. וסמכו על המקרא שלא לפחות מאחד מששים, שנאמר וששיתם האיפה מחומר השעורים (יחזקאל מה יג) ששית האיפה, חצי סאה. כשאתה נותן חצי סאה לכור, הרי אחד מששים, שהכור שלשים סאין:
and the first of the fleece of your sheep: When you shear your sheep each year, give the first of it [the wool] to the kohen . And [although the verse] does not mention a required amount, our Rabbis set an amount, namely, one sixtieth. And how many sheep [are the minimum to] be liable to the law of “the first of the fleece?” At least five sheep, as it is said, “[Then Abigail… took…] and five prepared (עֲשׂוּיוֹת) sheep” (I Sam. 25:18). [The עֲשׂוּיוֹת here, is interpreted as meaning that five sheep compel their owner and say to you, as it were,“Get up and fulfill the commandment of 'the first of the fleece.’”] Rabbi Akiva says: [that the minimum number of sheep liable to this commandment is derived from our verse here]: The phrase רֵאשִׁית גֵז denotes two sheep; צֹאנְךָ [an additional two, making] four, and תִּתֶּן-לוֹ denotes one more, which is a total of five sheep. - [Chul. 135a, 137a; Sifrei] וראשית גז צאנך: כשאתה גוזז צאנך בכל שנה תן ממנה ראשית לכהן. ולא פירש בה שיעור. ורבותינו נתנו בה שיעור אחד מששים. וכמה צאן חייבות בראשית הגז, חמש רחלות, שנאמר וחמש צאן עשויות (שמואל א' כה, יח). רבי עקיבא אומר ראשית גז שתים, גז צאנך ארבע, תתן לו הרי חמש:
5For the Lord, your God, has chosen him out of all your tribes, to stand and serve in the name of the Lord, he and his sons, all the days. הכִּי בוֹ בָּחַר יְהֹוָה אֱלֹהֶיךָ מִכָּל שְׁבָטֶיךָ לַעֲמֹד לְשָׁרֵת בְּשֵׁם יְהֹוָה הוּא וּבָנָיו כָּל הַיָּמִים:
to stand and serve: From here we learn that [the Temple] service is performed only when standing. — [Sifrei , Sotah 38a] לעמוד לשרת: מכאן שאין שירות אלא מעומד:Daily Tehillim: Psalms Chapters 18 - 22
• 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 18
If one merits a public miracle, he should offer a song to God, including in his song all the miracles that have occurred since the day the world was created, as well as the good that God wrought for Israel at the giving of the Torah. And he should say: "He Who has performed these miracles, may He do with me likewise."
1. For the Conductor. By the servant of the Lord, by David, who chanted the words of this song to the Lord on the day the Lord delivered him from the hand of all his enemies, and from the hand of Saul.
2. He said, "I love You, Lord, my strength.
3. The Lord is my rock, my fortress, and my rescuer. My God is my strength in Whom I take shelter, my shield, the horn of my salvation, my stronghold.
4. With praises I call upon the Lord, and I am saved from my enemies.
5. For the pangs of death surrounded me, and torrents of evil people terrified me.
6. Pangs of the grave encompassed me; snares of death confronted me.
7. In my distress I called upon the Lord, I cried out to my God; and from His Sanctuary He heard my voice, and my supplication before Him reached His ears.
8. The earth trembled and quaked; the foundations of the mountains shook-they trembled when His wrath flared.
9. Smoke rose in His nostrils, devouring fire blazed from His mouth, and burning coals flamed forth from Him.
10. He inclined the heavens and descended, a thick cloud was beneath His feet.
11. He rode on a cherub and flew; He soared on the wings of the wind.
12. He made darkness His concealment, His surroundings His shelter-of the dense clouds with their dark waters.
13. Out of the brightness before Him, His clouds passed over, with hailstones and fiery coals.
14. The Lord thundered in heaven, the Most High gave forth His voice-hailstones and fiery coals.
15. He sent forth His arrows and scattered them; many lightnings, and confounded them.
16. The channels of water became visible, the foundations of the world were exposed-at Your rebuke, O Lord, at the blast of the breath of Your nostrils.
17. He sent from heaven and took me; He brought me out of surging waters.
18. He rescued me from my fierce enemy, and from my foes when they had become too strong for me.
19. They confronted me on the day of my misfortune, but the Lord was my support.
20. He brought me into spaciousness; He delivered me because He desires me.
21. The Lord rewar-ded me in accordance with my righteousness; He repaid me according to the cleanliness of my hands.
22. For I have kept the ways of the Lord, and have not transgressed against my God;
23. for all His laws are before me, I have not removed His statutes from me.
24. I was perfect with Him, and have guarded myself from sin.
25. The Lord repaid me in accordance with my righteousness, according to the cleanliness of my hands before His eyes.
26. With the kindhearted You act kindly, with the upright man You act uprightly.
27. With the pure You act purely, but with the crooked You act cun- ningly.
28. For the destitute nation You save, but haughty eyes You humble.
29. Indeed, You light my lamp; the Lord, my God, illuminates my darkness.
30. For with You I run against a troop; with my God I scale a wall.
31. The way of God is perfect; the word of the Lord is pure; He is a shield to all who take refuge in Him.
32. For who is God except the Lord, and who is a rock except our God!
33. The God Who girds me with strength, and makes my path perfect.
34. He makes my feet like deers', and stands me firmly on my high places.
35. He trains my hands for battle, my arms to bend a bow of bronze.
36. You have given me the shield of Your deliverance, Your right hand upheld me; Your humility made me great.
37. You have widened my steps beneath me, and my knees have not faltered.
38. I pursued my enemies and overtook them; I did not turn back until I destroyed them.
39. I crushed them so that they were unable to rise; they are fallen beneath my feet.
40. You have girded me with strength for battle; You have subdued my adversaries beneath me.
41. You have made my enemies turn their backs to me, and my foes I cut down.
42. They cried out, but there was none to deliver them; to the Lord, but He did not answer them.
43. I ground them as the dust before the wind, I poured them out like the mud in the streets.
44. You have rescued me from the quarrelsome ones of the people, You have made me the head of nations; a nation I did not know became subservient to me.
45. As soon as they hear of me they obey me; strangers deny to me [their disloyalty].
46. Strangers wither away, they are terrified in their strongholds.
47. The Lord lives; blessed is my Rock; exalted is the God of my deliverance.
48. You are the God Who executes retribution for me, and subjugates nations under me.
49. Who rescues me from my enemies, Who exalts me above my adversaries, Who delivers me from the man of violence.
50. Therefore I will laud You, Lord, among the nations, and sing to Your Name.
51. He grants His king great salvations, and bestows kindness upon His anointed, to David and his descendants forever."
Chapter 19
To behold God's might one should look to the heavens, to the sun, and to the Torah, from which awesome miracles and wonders can be perceived--wonders that lead the creations to tell of God's glory.
1. For the Conductor, a psalm by David.
2. The heavens recount the glory of the Almighty; the sky proclaims His handiwork.
3. Day to day speech streams forth; night to night expresses knowledge.
4. There is no utterance, there are no words; their voice is inaudible.
5. Their arc extends throughout the world; their message to the end of the earth. He set in them [the heavens] a tent for the sun,
6. which is like a groom coming forth from his bridal canopy, like a strong man rejoicing to run the course.
7. Its rising is at one end of the heavens, and its orbit encompasses the other ends; nothing is hidden from its heat.
8. The Torah of the Lord is perfect, restoring the soul; the testimony of the Lord is trustworthy, making wise the simpleton.
9. The precepts of the Lord are just, rejoicing the heart; the command of the Lord is clear, enlightening the eyes.
10. The fear of the Lord is pure, abiding forever; the judgments of the Lord are true, they are all righteous together.
11. They are more desirable than gold, than much fine gold; sweeter than honey or the drippings of honeycomb.
12. Indeed, Your servant is scrupulous with them; in observing them there is abundant reward.
13. Yet who can discern inadvertent wrongs? Purge me of hidden sins.
14. Also hold back Your servant from willful sins; let them not prevail over me; then I will be unblemished and keep myself clean of gross transgression.
15. May the words of my mouth and the meditation of my heart be acceptable before You, Lord, my Strength and my Redeemer.
Chapter 20
If a loved one or relative is suffering-even in a distant place, where one is unable to help-offer this prayer on their behalf.
1. For the Conductor, a psalm by David.
2. May the Lord answer you on the day of distress; may the Name of the God of Jacob fortify you.
3. May He send your help from the Sanctuary, and support you from Zion.
4. May He remember all your offerings, and always accept favorably your sacrifices.
5. May He grant you your heart's desire, and fulfill your every counsel.
6. We will rejoice in your deliverance, and raise our banners in the name of our God; may the Lord fulfill all your wishes.
7. Now I know that the Lord has delivered His anointed one, answering him from His holy heavens with the mighty saving power of His right hand.
8. Some [rely] upon chariots and some upon horses, but we [rely upon and] invoke the Name of the Lord our God.
9. They bend and fall, but we rise and stand firm.
10. Lord, deliver us; may the King answer us on the day we call.
Chapter 21
One who is endowed with prosperity, and whose every desire is granted, ought not be ungrateful. He should praise and thank God, recognize Him as the cause of his prosperity, and trust in Him. For everything comes from the kindness of the One Above.
1. For the Conductor, a psalm by David.
2. The king rejoices in Your strength, Lord; how greatly he exults in Your deliverance!
3. You have given him his heart's desire, and You have never withheld the utterance of his lips.
4. You preceded him with blessings of good; You placed a crown of pure gold on his head.
5. He asked of You life, You gave it to him-long life, forever and ever.
6. His glory is great in Your deliverance; You have placed majesty and splendor upon him.
7. For You make him a blessing forever; You gladden him with the joy of Your countenance.
8. For the king trusts in the Lord, and in the kindness of the Most High-that he will not falter.
9. Your hand will suffice for all Your enemies; Your right hand will find those who hate You.
10. You will make them as a fiery furnace at the time of Your anger. May the Lord consume them in His wrath; let a fire devour them.
11. Destroy their offspring from the earth, their descendants from mankind.
12. For they intended evil against You, they devised evil plans which they cannot execute.
13. For You will set them as a portion apart; with Your bowstring You will aim at their faces.
14. Be exalted, O Lord, in Your strength; we will sing and chant the praise of Your might.
Chapter 22
Every person should pray in agony over the length of the exile, and our fall from prestige to lowliness. One should also take vows (for self-improvement) in his distress.
1. For the Conductor, on the ayelet hashachar, a psalm by David.
2. My God, my God, why have You forsaken me! So far from saving me, from the words of my outcry?
3. My God, I call out by day, and You do not answer; at night-but there is no respite for me.
4. Yet You, Holy One, are enthroned upon the praises of Israel.
5. In You our fathers trusted; they trusted and You saved them.
6. They cried to You and were rescued; they trusted in You and were not shamed.
7. And I am a worm and not a man; scorn of men, contempt of nations.
8. All who see me mock me; they open their lips, they shake their heads.
9. But one that casts [his burden] upon the Lord-He will save him; He will rescue him, for He desires him.
10. For You took me out of the womb, and made me secure on my mother's breasts.
11. I have been thrown upon You from birth; from my mother's womb You have been my God.
12. Be not distant from me, for trouble is near, for there is none to help.
13. Many bulls surround me, the mighty bulls of Bashan encircle me.
14. They open their mouths against me, like a lion that ravages and roars.
15. I am poured out like water, all my bones are disjointed; my heart has become like wax, melted within my innards.
16. My strength is dried up like a potsherd, and my tongue cleaves to my palate; You set me in the dust of death.
17. For dogs surround me, a pack of evildoers enclose me; my hands and feet are like a lion's prey.
18. I count all my limbs, while they watch and gloat over me.
19. They divide my garments amongst them; they cast lots upon my clothing.
20. But You, Lord, do not be distant; my Strength, hurry to my aid!
21. Save my life from the sword, my soul from the grip of dogs.
22. Save me from the lion's mouth, as You have answered me from the horns of wild beasts.
23. I will recount [the praises of] Your Name to my brothers; I will extol You amidst the congregation.
24. You that fear the Lord, praise Him! Glorify Him, all you progeny of Jacob! Stand in awe of Him, all you progeny of Israel!
25. For He has not despised nor abhorred the entreaty of the poor, nor has He concealed His face from him; rather He heard when he cried to Him.
26. My praise comes from You, in the great congregation; I will pay my vows before those that fear Him.
27. Let the humble eat and be satisfied; let those who seek the Lord praise Him-may your hearts live forever!
28. All the ends of the earth will remember and return to the Lord; all families of nations will bow down before You.
29. For sovereignty is the Lord's, and He rules over the nations.
30. All the fat ones of the earth will eat and bow down, all who descend to the dust shall kneel before Him, but He will not revive their soul.
31. The progeny of those who serve Him will tell of the Lord to the latter generations.
32. They will come and relate His righteousness-all that He has done-to a newborn nation.
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 7, 8 and 9.
Chapter 7
Do not rejoice if God causes your enemy to suffer—just as the suffering of the righteous is not pleasant. David, therefore, defends himself intensely before God, maintaining that he did not actively harm Saul. In fact, Saul precipitated his own harm, while David’s intentions were only for the good.
1. A shigayon 1 by David, which he sang to the Lord concerning Kush the Benjaminite.
2. I put my trust in You, Lord, my God; deliver me from all my pursuers and save me.
3. Lest he tear my soul like a lion, crushing me with none to rescue.
4. Lord, my God, if I have done this, if there is wrongdoing in my hands;
5. if I have rewarded my friends with evil or oppressed those who hate me without reason—
6. then let the enemy pursue and overtake my soul, let him trample my life to the ground, and lay my glory in the dust forever.
7. Arise, O Lord, in Your anger, lift Yourself up in fury against my foes. Stir me [to mete out] the retribution which You commanded.
8. When the assembly of nations surrounds You, remove Yourself from it and return to the heavens.
9. The Lord will mete out retribution upon the nations; judge me, O Lord, according to my righteousness and my integrity.
10. Let the evil of the wicked come to an end, but establish the righteous—O righteous God, Searcher of hearts and minds.
11. [I rely] on God to be my shield, He Who saves the upright of heart.
12. God is the righteous judge, and the Almighty is angered every day.
13. Because he does not repent, He sharpens His sword, bends His bow and makes it ready.
14. He has prepared instruments of death for him; His arrows will be used on the pursuers.
15. Indeed, he conceives iniquity, is pregnant with evil schemes, and gives birth to falsehood.
16. He digs a pit, digs it deep, only to fall into the trap he laid.
17. His mischief will return upon his own head, his violence will come down upon his own skull.
18. I will praise the Lord according to His righteousness, and sing to the Name of the Lord Most High
Chapter 8
This psalm is a glorious praise to God for His kindness to the lowly and mortal human in giving the Torah to the inhabitants of the lower worlds, arousing the envy of the celestial angels. This idea is expressed in the Yom Kippur prayer, “Though Your mighty strength is in the angels above, You desire praise from those formed of lowly matter.”
1. For the Conductor, on the gittit,1 a psalm by David.
2. Lord, our Master, how mighty is Your Name throughout the earth, You Who has set Your majesty upon the heavens!
3. Out of the mouths of babes and sucklings You have established might, to counter Your enemies, to silence foe and avenger.2
4. When I behold Your heavens, the work of Your fingers, the moon and the stars which You have set in place—
5. what is man that You should remember him, son of man that You should be mindful of him?
6. Yet, You have made him but a little less than the angels, and crowned him with honor and glory.
7. You made him ruler over Your handiwork, You placed everything under his feet.
8. Sheep and cattle—all of them, also the beasts of the field;
9. the birds of the sky and the fish of the sea; all that traverses the paths of the seas.
10. Lord, our Master, how mighty is Your Name throughout the earth.
Chapter 9
One should praise God for saving him from the hand of the enemy who stands over and agonizes him, and for His judging each person according to his deeds: the righteous according to their righteousness, and the wicked according to their wickedness.
1. For the Conductor, upon the death of Labben, a psalm by David.
2. I will thank the Lord with all my heart; I will recount all Your wonders.
3. I will rejoice and exult in You; I will sing to Your Name, O Most High.
4. When my enemies retreat, they will stumble and perish from before You.
5. You have rendered my judgement and [defended] my cause; You sat on the throne, O righteous Judge.
6. You destroyed nations, doomed the wicked, erased their name for all eternity.
7. O enemy, your ruins are gone forever, and the cities you have uprooted—their very remembrance is lost.
8. But the Lord is enthroned forever, He established His throne for judgement.
9. And He will judge the world with justice, He will render judgement to the nations with righteousness.
10. The Lord will be a stronghold for the oppressed, a stronghold in times of trouble.
11. Those who know Your Name put their trust in You, for You, Lord, have not abandoned those who seek You.
12. Sing to the Lord Who dwells in Zion, recount His deeds among the nations.
13. For the Avenger of bloodshed is mindful of them; He does not forget the cry of the downtrodden.
14. Be gracious to me, O Lord; behold my affliction at the hands of my enemies, You Who raises me from the gates of death,
15. so that I may relate all Your praises in the gates of the daughter of Zion, that I may exult in Your deliverance.
16. The nations sank into the pit that they made; in the net they concealed their foot was caught.
17. The Lord became known through the judgement He executed; the wicked one is snared in the work of his own hands; reflect on this always.
18. The wicked will return to the grave, all the nations that forget God.
19. For not for eternity will the needy be forgotten, nor will the hope of the poor perish forever.
20. Arise, O Lord, let not man prevail; let the nations be judged in Your presence.
21. Set Your mastery over them, O Lord; let the nations know that they are but frail men, Selah.
Tanya: Iggeret HaKodesh, middle of Epistle 10• Lessons in Tanya
• Tuesday, Elul 3, 5775 · August 18, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 10
אך היינו דוקא לשומר התורה, ולא סר ממנה ימין ושמאל, אפילו כמלא נימא
However, this [limitation on charity] applies only to one who observes the Torah and does not depart from it to the right or left, even as much as a hair’s-breadth.
אבל מי שהעביר עליו הדרך, חס ושלום
But as to him who has strayed from the path, Heaven forfend,
מאחר שהעוה דרכו, לתת מגרעות בקדש העליון
inasmuch as he has distorted his course, thus di-minishing the Supreme Holiness,
A Jew draws down sanctity from the Supreme Holiness through his performance of the commandments; as we say in the blessings recited before their performance, “...Who has sanctified us with His commandments.” I.e., performing mitzvot elicits a downflow of Supreme Holiness, whereas non-performance depletes it.
שגרע ערכו בחינת המשכתו מה שהיה יכול להמשיך מבחינת אלקותו, והארת האור מאור אין סוף ברוך הוא, אילו היה שומר התורה ומקיימה כהלכתה
that is, he has diminished its value as regards the efflux he could have elicited from G‑d’s Divinity and the radiation [he could have elicited] from the [infinite] Ein Sof-light, had he observed the Torah and fulfilled it as required, —
מעוות זה לא יוכל לתקן כי אם בהמשכת האור העליון שלמעלה מהעולמות, ואינו מתלבש בהן
such distortion cannot be rectified except by an efflux of the Supreme light that transcends the worlds, without being vested in them.
הנקרא חסד עילאה ורב חסד
This is what is called Chesed ilaah (“superior kindness”) and rav Chesed (“abundant kindness”),
לפי שמאיר ומתפשט בבחינת אין סוף, בלי גבול ומדה
because it radiates and diffuses infinitely, without limit and measure,
מאחר שאיננו מצומצם תוך העולמות, אלא בבחינת מקיף עליהן מלמעלה
since it is not contracted within the worlds but encompasses them from above [in equal measure],
מריש כל דרגין עד סוף וכו׳
from the peak of all rungs to the end [of all rungs].
וכשהאדם ממשיכו למטה במעשיו ואתערותא דלתתא
Now, when man draws it downward by means of his deeds and by an arousal from below,
אזי אור עליון זה מאיר ומתפשט תוך העולמות, ומתקן כל מעוות וכל מגרעות שניתנו בקדש העליון
this Supreme light then radiates and extends within the worlds, rectifying all distortions and deficiencies caused in the Kodesh HaElyon,
ומחדש אורן וטובן ביתר שאת ויתר עז, בבחינת אור חדש ממש
and renewing their light and goodness with an intense elevation, on the level of a truly new light.
An act of penitence does not merely uncover a pre-existing light, but calls forth a new and infinite light which is loftier than all the worlds.
לכן אמרו: במקום שבעלי תשובה עומדין וכו׳
This is why the Sages taught that1 “In the place (i.e., at the level) where penitents stand, [even the perfectly righteous do not stand].”
The Rebbe notes that in various sources2 this is paraphrased as follows: “In the place where penitents stand even the truly righteous cannot stand.” I.e., the level at which penitents stand steadfastly cannot even be attained by the truly righteous, for the Divine radiance drawn down through repentance is of an utterly superior quality.
| FOOTNOTES | |
| 1. | Berachot 34b. |
| 2. | Rambam, Hilchot Teshuvah 7:4, as distinct from the wording cited in Berachot, loc. cit.: ‘...do not stand.”’ |
• Sefer Hamitzvos:Tuesday, Elul 3, 5775 · August 18, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 244
Stealing
"Do not steal"—Leviticus 19:11.
It is forbidden to steal another's possessions.
Stealing
Stealing
Negative Commandment 244
Translated by Berel Bell
The 244th prohibition is that we are forbidden from stealing money.
The source of this prohibition is G‑d's statement,1 "Do not steal."
In the words of the Mechilta, "The verse 'Do not steal' constitutes the prohibition of financial theft."2
One who transgresses this prohibition must pay back according to the formula written in the Torah — either two, four, or five times the amount stolen, or only the actual value.3
The Sifra says, "The verse4 that says 'He must pay back double' [the value of the stolen object] teaches us the penalty. What teaches us that the act is prohibited?5 The verse 'Do not steal' — even if just to disturb." This phrase ["just to disturb"] means when the intention is to [not really steal, but only to temporarily] anger and confuse the victim, and afterwards return it to him. The Sifra continues,] "the verse, 'Do not steal,' teaches that you may not do so, even if you intend to pay him back four or five times the value."
The details of this mitzvah are explained in the 7th chapter of tractate Bava Kama.
FOOTNOTES
1.Lev. 19:11.
2.In contrast with a similar phrase used in the Ten Commandments, which refers to the prohibition against kidnapping. See N243.
3.For a regular theft, he must pay double. For stealing sheep he must pay four times the amount, and for oxen, five times (Ex. 21:37). If he admitted the theft before he was discovered, he pays only the principal.
4.Ex. 22:3.
5.As explained on other occasions, each prohibition must have one statement that the act is prohibited and another dictating the penalty.
Positive Commandment 239
A Thief's Restitution
We are commanded to pass judgment on a thief. Depending on the circumstances, the thief may be required to pay double the amount stolen, or four or five times the principal.
This mitzvah also includes the allowance for a property owner to kill a thief who is trespassing on his land [under certain circumstances, if there's reason to believe that the thief poses a potential threat to the landowner's life], and the obligation on the court to sell the thief into servitude [if he has not the means to make restitution].
A Thief's Restitution
Positive Commandment 239
Translated by Berel Bell
The 239th mitzvah is that we are commanded regarding [punishing] a thief — whether to collect two, four times, or five times the amount stolen1; to kill him should he break in [to the person's property];2 or to sell him.3 The general principle is that the mitzvah is to punish a thief according to the Torah's directions.
All the details of this mitzvah are explained in the 7th chapter of tractate Bava Kama, the 8th chapter of Sanhedrin, the 3rd chapter of Bava Metzia, and a few passages in Kesuvos,4 Kiddushin,5 and Shavuos.6
FOOTNOTES
1.See footnote to N244.
2.Ex. 21:37-22:2. Should it be clear that the thief would never kill the victim (such as if the victim is the thief's son), it is forbidden to kill the thief. See Hilchos Geneivah 9:7-10.
3.As a slave should he be unable to pay restitution (Ex. 22:2). The money is then used to pay back the victim.
4.30b.
5.58b.
6.42b.
Yibbum vChalitzah - Chapter Three
Halacha 1When a man says: "This is my son," or "I have sons," his word is accepted,1and he frees his wife from [the obligation of] yibbum or chalitzah.
Halacha 2
When2 a man says: "This is my brother," or "I have brothers," his word is not accepted, and his wife does not become forbidden [to others because] she is required to perform yibbum. [We assume that] his intent was to cause his wife to be forbidden [to other men] after his death.
Halacha 3
When the prevailing presumption is that [a man] has brothers and he says at the time of his death,3 "I do not have brothers," his word is not accepted.4Similarly, if he says that a person presumed to be his brother is not his brother, his word is not accepted.
If there was no prevailing presumption that he has brothers, but a rumor becomes circulated5 that there are witnesses who will testify that he has brothers, but these witnesses are overseas, the woman must take this factor into consideration and wait until the witnesses who were mentioned come, and are asked [concerning the matter]. [This ruling applies] even when the husband says, "I do not have a brother" at the time of his death.
Halacha 4
[The following rules apply when] a man engaged in licentious relations with either a single woman or a married woman, she became pregnant, and he claims that he fathered the child. Even if [the mother] acknowledges his statements, and thus the son is considered his with regard to the laws of inheritance,6 the matter is considered to be one of doubt with regard to the laws of yibbum. For just as the woman engaged in relations with him, she could have engaged in relations with another man.7 How is it possible to know with certainty that this is his son? There is no prevailing presumption to that effect.
Halacha 5
The testimony of one witness is accepted with regard to the death of a woman's husband, and she may perform yibbum on this basis. [Similarly, such testimony is acceptable if he states that] her yavam died,10 or that her husband fathered a son,11 on which basis she would be granted permission to marry another person [without chalitzah].
Even the testimony of a servant or a woman, or statements of a gentile made in the midst of conversation are acceptable with regard to the death of a yavam, as they are acceptable with regard to a married woman whose husband has died, to enable her to be permitted to remarry, as mentioned in Hilchot Gerushin.12
Halacha 6
Just as the statements of five [specific] women are not accepted with regard to testimony regarding the death of a woman's husband,13 so too, the statements of these five women are not accepted with regard to the death of her yavam.
The laws of the testimony governing the death of a yavam are the same as the testimony [governing the death of the woman's husband] with regard to disparities between the statements of the witnesses and all other matters.
Halacha 7
[The following rule applies when] two widows, [each one married to one of two brothers,]14 come from an overseas country, this one says: "My husband died," and this one says: "My husband died." Each one is forbidden [to remarry] because of her obligation to the husband of the other one.15 For the testimony of a yevamah is not acceptable with regard to the death of the woman's yavam, as stated [in the previous halachah].
Halacha 8
If one of these women has a witness who can testify that her husband died, she is still forbidden to remarry - for she is not forbidden to remarry because of [an apprehension that] her own husband [is alive], but rather because of [the apprehension that] her yavam [is alive].16
The woman who does not have a witness supporting her, by contrast, is permitted [to remarry], for a witness has testified that her yavam died, and her own testimony is accepted with regard to the death of her husband.17
Halacha 9
Halacha 10
Halacha 11
A woman's testimony is accepted with regard to the death of her husband, and she may marry [another man] or perform yibbum [on this basis]. Nevertheless, the testimony of a yevamah is not accepted with regard to the death of heryavam, and it is not considered to be sufficient basis for her to marry another man. The rationale is that the prohibition [against marrying another man when under obligation to a yavam] involves merely a negative commandment.24 And therefore the woman may regard it casually.25
Similarly, the testimony of a yavam is not accepted with regard to the death of his brother, and it is not considered to be sufficient basis for him to marry his brother's wife. [We fear that] perhaps he desired her.
Similarly, a woman's testimony is not accepted with regard to the death of her sister, and it is not considered to be sufficient basis for her to be permitted to marry her sister's husband.26 [By the same token,] a man's testimony that his wife has died is not accepted as sufficient basis for him to marry her sister. In this instance, it is necessary that two witnesses testify that one sister has died before the other sister can enter her household. For the testimony of one witness was accepted only so that license to marry could be granted to a woman who would otherwise be forced to remain unmarried, as we have explained.27
Halacha 12
Accordingly,28 when a woman, her husband and her yavam journey overseas, and she comes and says: "My husband died, and afterwards my yavam died," or "My yavam died, and then my husband died," her word is not accepted.29
If, however, she and her husband depart alone, and she returns and says: "Ayavam was born for me overseas, but he died," her word is accepted, regardless of whether she says "My yavam died, and then my husband died," or "My husband died, and afterwards the yavam who was born for me died." [The rationale is] the source for the statements [on which basis the woman was] forbidden [states that she is] permitted.30
Halacha 13
[The following rules apply when] a woman journeys overseas together with her husband and her son: If she returns and says: "My husband died and then my son died," her word is accepted, for at the time she departed the prevailing presumption was that she was permitted to marry another man.
Halacha 14
[The following rules apply when] a woman journeys overseas together with her husband alone: If she says, "I "bore a son overseas, he died, and then my husband died," her word is accepted and permitted her to perform yibbum. [The rationale is that] the prevailing presumption when she departed was that she was permitted to perform yibbum.
If she says: "My husband died, and then the son who was born to me died," her statements are not accepted as grounds to free her of the obligation for yibbumor chalitzah. Nevertheless, we grant a certain degree of credence to her words, and she should perform chalitzah, but not yibbum.33
Halacha 15
When does the above apply? When she was forbidden to the priesthood at the outset - e.g., she had been divorced or a chalalah34 beforehand,35 - or she said: "We were [alone] in a cave when he died."36
If this is not the situation, she may not perform chalitzah, lest she performchalitzah and then witnesses come and confirm her statements that her husband died first. Thus, it will be evident that this chalitzah was unnecessary, and she [is permitted to] marry a priest. An observer may see that she performschalitzah and then marries a priest, and he would think that a priest is permitted to marry a woman who performed chalitzah, for he is unaware that witnesses came. Therefore, she should not perform chalitzah, nor should she performyibbum.37 Instead, she should remain under the obligation to perform yibbumas she was when she departed, until witnesses come [and clarify the situation].38
Halacha 16
Similar laws apply when a woman's husband and a second wife journeyed overseas, and two witnesses came and told [the first wife], "Your husband died." She should not perform chalitzah, nor should she perform yibbum until she knows whether or not her husband's second wife bore a child.39
Why should she not perform chalitzah nine months after the death of her husband, in which case she would be permitted to marry another man from any standpoint? If the other woman bore a child, that frees her of all obligations. And if the other woman did not bear a child, she [should be permitted, because] she performed chalitzah.
[Our Sages prohibited this] as a decree, lest after the woman performedchalitzah, it become known that her husband's other wife bore a viable child. This woman will then not be [bound by the prohibitions of] a woman who performed chalitzah, and she may marry a priest despite performing chalitzah. An observer - who did not know about the witnesses [who informed her of the birth of her husband's child] - might conclude that a priest is permitted to marry a woman who performed chalitzah, and he will testify that a Rabbinic court gave her license to marry a priest. Therefore, if she was forbidden to the priesthood at the outset, she may perform chalitzah nine [months after the death of her husband and] she may marry another man.
Halacha 17
When a woman's husband dies, and her mother-in- law is living overseas, she need not suspect that her mother-in-law bore a child [before her husband's death], and that there is a yavam for her living in another country. Our Sages did not institute a decree of this nature.42 Instead, they allowed the prevailing presumption [regarding her status to continue], and she is permitted to remarry.
The same concept applies when a woman's husband dies, and her son is living overseas - she need not suspect that her son died [before her husband's death]. Instead, we allow the prevailing presumption [regarding her status to continue].
Halacha 18
If, however, the mother-in-law departed [overseas] while she was pregnant, the daughter-in-law must bear that fact in mind. She may not marry another man until she knows the fate of her mother-in-law's pregnancy. Perhaps a yavam for her was born before her husband died.
Halacha 19
[The following laws apply when] a woman's husband and son went overseas, and [witnesses] came and told her: "Your husband died and then your son died." If she married,43 and later discovered that they died in the opposite order,44 she must leave her second husband.45 None of the children she bore him is considered illegitimate, however.46
[More stringent rules apply if she was told: "Your son died and then your husband died," and on that basis she performed the rite of yibbum and then discovered that they died in the opposite order. She is obligated to leave her second husband. All the children she bore him - both those born before she received this notice and those born afterwards - are considered illegitimate.47
| FOOTNOTES | |
| 1. |
The rationale for this ruling is the principle of migo. If the husband's statements were untrue, and his intent were merely to free his wife from the obligation of yibbum, he would not have to lie. Instead, he could give her a get (Bava Batra 134b).
See also the Shulchan Aruch (Even HaEzer 156:6) and commentaries, which mention other opinions regarding whether this ruling applies when the prevailing presumption is that the man is childless, when the prevailing presumption is that he has brothers, or when witnesses testify that he has brothers.
|
| 2. |
I.e., when the prevailing presumption is that he does not have a brother, and hence his wife would not be obligated to perform yibbum.
|
| 3. |
Even though the statements are being made at the time of the person's death, when it is unlikely that he would lie, we still suspect that he is speaking falsely to spare his wife the difficulty ofyibbum or chalitzah.
|
| 4. |
One might assume that, as in Halachah 1, the husband's statements would have been accepted based on the principle of migo. For in this instance as well, the husband could free his wife fromyibbum by giving her a get. Nevertheless, our Sages explain that the principle of migo does not have the power to counteract a prevailing presumption.
Still, even if the prevailing presumption is that a person has brothers, his word is accepted if he says that he has sons. The rationale is that, in this instance, his statements are not contradicting the prevailing presumption, but rather introducing a new factor (Beit Shmuel 157:9).
|
| 5. |
There is a difference of opinion among the Rabbis whether or not this rumor has to be substantiated in a court. The Maggid Mishneh interprets the Rambam's opinion as being that even a rumor that is not substantiated should be taken into consideration. Needless to say, in the contemporary era, when communications have advanced and travel is easier, this question is far less significant than in previous ages.
|
| 6. |
See Hilchot Nachalot 4:1.
|
| 7. |
If the woman is married, there is no question regarding the Rambam's ruling, for we presume that by and large, she engaged in relations with her husband. If she is single, the matter is more complex.
In this context, the commentaries draw attention to the Rambam's ruling in Hilchot Terumot 8:14, which states that when a priest had relations with a woman and she became pregnant, she is allowed to partake of terumah for the sake of her child. This indicates that we assume that she was impregnated by that priest.
As indicated by the Rambam's wording in Hilchot Terumot and in Hilchot Issurei Bi'ah 15:17-18, the matter depends on the woman's reputation. If she is known to be promiscuous, we consider the possibility that she was impregnated by another man. If, however, everyone presumes that she engaged in relations only with this man, he is considered to be the father of the child (Maggid Mishneh).
Nevertheless, the Shulchan Aruch (Even HaEzer 156:9) quotes the Rambam's wording without making this distinction. See the Beit Shmuel 156:15.
|
| 8. |
Lest the child have been fathered by another man, and the deceased in fact be childless.
|
| 9. |
Lest the child have been fathered by the deceased, in which case relations with his brother would be prohibited.
|
| 10. |
Rabbenu Asher differs with the Rambam regarding this matter and maintains that the testimony of one witness is not acceptable with regard to the death of a yavam. Although the Ramah (Even HaEzer 158:3) quotes his opinion, many Ashkenazic authorities recommend leniency. (See Beit Shmuel 158:2.)
|
| 11. |
The Ra'avad and Rabbenu Asher differ with the Rambam with regard to this point, for unlike the death of a person, the birth of a child is not a matter that will surely become undeniable public knowledge. The Shulchan Aruch (Even HaEzer 156:8) quotes the Rambam's opinion, while the Ramah follows the other view.
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| 12. |
In Hilchot Gerushin, Chapters 12 and 13, the Rambam explains that the testimony of one witness is accepted in such instances, because:
|
| 13. |
See Hilchot Gerushin 12:16, which states that the statements of a woman's mother-in-law, the daughter of her mother-in-law, [her husband's] other wife, her yevamah (i.e., the wife of her husband's brother) and her husband's daughter are not accepted with regard to her husband's death, because the prevailing presumption is that they hate each other.
|
| 14. |
I.e., the women are married to two brothers. Thus each one is considered the yevamah of the other.
|
| 15. |
I.e., the testimony of each woman is accepted with regard to the death of her own husband. With regard to the death of her yavam, by contrast, the only testimony is that of her yevamah, and that testimony is not accepted.
|
| 16. |
And with regard to the death of her yavam, there is no testimony that is acceptable to the court.
Even if the woman actually remarries, at which point it would be likely to assume that her husband is dead, her yevamah is still prohibited. Our Sages feared that a woman would risk ruin in both this world and the next, in order to cause her foe to be forbidden to her husband.
|
| 17. |
See Hilchot Gerushin 12:15.
|
| 18. |
And neither has witnesses to support her testimony.
|
| 19. |
For she is dependent on the testimony of her yevamah, as above.
|
| 20. |
For her authorization to remarry does not depend on whether or not her yavam is alive.
|
| 21. |
Or chalitzah.
|
| 22. |
I.e., there were only three brothers. Since the death of the first two brothers was never verified adequately to allow these women to marry freely, the original prohibition applying to them remains in force.
|
| 23. |
For her marriage and divorce releases each of the women from their obligation to their missingyavam.
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| 24. |
The punishment - lashes - is lesser, and the woman's children are not considered illegitimate.
|
| 25. |
Having relations with another man while married, by contrast, is a prohibition punishable by execution by the court, her children are considered illegitimate, and it brings severe retribution in the world to come. Because the prohibition against marrying while under obligation to a yavam is less severe, our Sages feared that the woman might lie about the yavam's death and transgress this prohibition.
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| 26. |
It is forbidden for a husband to marry his wife's sister while his wife is alive. Our Sages feared that the second sister or the husband may desire to give false testimony, so that they can marry.
|
| 27. |
I.e., generally, the testimony of two witnesses is required with regard to matters involving marriage and divorce. As mentioned in the concluding passage of Hilchot Gerushin (cited in the notes on Halachah 6), in order to allow a woman to remarry, leniency is granted and we rely on the testimony of one witness. In this instance, however, there is no difficulty in the man's or the woman's remarrying; the only difficulty is that they cannot marry each other. In such an instance, our Sages were not willing to extend leniency.
[There is a slight difficulty when comparing the Rambam's statements here to his statements at the conclusion of Hilchot Gittin. As explained by the Noda BiY'hudah (Even HaEzer, Volume I, Responsa 27 and 33), the Rambam's wording indicates that, according to Scriptural law, with regard to a point of fact that can be verified, it is not necessary for two witnesses to testify, and the statements of one witness are sufficient. The leniency granted by our Sages was to accept the testimony of women, relatives and others whose testimony would not ordinarily be accepted. Here, however, the Rambam is stating (as he does in Hilchot Edut 5:2) that the acceptance of the testimony of a single witness is a leniency of Rabbinic origin. (See the Responsa of the Rivash, Responsum 181.)]
|
| 28. |
I.e., based on the premise stated in the first clause of the previous halachah.
|
| 29. |
For the prevailing presumption when she departed was that she would be obligated to performyibbum if her husband dies.
|
| 30. |
The prevailing presumption when she departed was that she would not be obligated to performyibbum if her husband dies. It is only because of her own statements that we might suspect that she is required to do so. Therefore, her statements are sufficient to offset this suspicion.
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| 31. |
We suspect that perhaps she is lying in order to marry her brother-in-law.
|
| 32. |
I.e., were it not for her statement that her son died first, she would be permitted to marry without any restrictions. Because we give her statements some credence, we require her to performchalitzah.
|
| 33. |
I.e., were it not for her statement that her son died after her husband, she would be required to perform yibbum. We do not accept her word to the extent that we allow her to marry without restrictions. Nevertheless, we give her statements some credence and forbid the performance ofyibbum, lest in fact there be no obligation to do so.
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| 34. |
A woman who is born from a relationship that is forbidden to a priest, but not to an Israelite.
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| 35. |
In which case, the chalitzah does not make any difference, for the woman was forbidden to the priesthood regardless.
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| 36. |
In which case, there is no apprehension of witnesses coming.
|
| 37. |
For according to her testimony, she is forbidden to do so.
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| 38. |
Note the discussion of this ruling by the Beit Shmuel 156:17, and the opinion mentioned there that this ruling applies only when there were witnesses who testified that the woman's husband and son both died. Otherwise, the woman's word would be accepted based on the principle of migo - i.e., if she desired to lie, she could have said that her son was still alive.
|
| 39. |
This law applies even if the second wife was not pregnant when she left. Our Sages considered the possibility of the woman becoming pregnant as a reasonable probability.
|
| 40. |
See Chapter 1, Halachah 19.
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| 41. |
We do not consider the possibility that the woman was impregnated by her husband before he departed on the journey and did not realize this until he had already departed.
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| 42. |
For even if we presume that the mother-in-law will become pregnant, it is more probable that she will miscarry or give birth to a girl (in which cases, the mitzvah of yibbum would not apply) than that she bear a son (Beit Shmuel 157:11).
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| 43. |
For according to the testimony she was given, her husband was survived by a son, and the mitzvot of yibbum and chalitzah do not apply.
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| 44. |
In which case her husband would have died without children, and she would be obligated to perform yibbum or chalitzah.
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| 45. |
See Chapter 2, Halachah 18.
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| 46. |
For it is only when a child is born from forbidden relations that are punishable by karet that this status is incurred (Yevamot 49a).
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| 47. |
For her relations with her brother-in-law were prohibited by a transgression punishable by karet. The fact that she violated this prohibition unwittingly does not change the status of her children.
|
Genevah - Chapter One
The Laws Pertaining to Theft
[This text] contains seven mitzvot: two positive commandments and five negative commandments. They are:
1) Not to steal property;
2) The laws governing a thief;
3) To insure the accuracy of scales and weights;
4) Not to deceive a person by using [inaccurate] measures and weights;
5) Not to possess two sets of weights or measures, even though one does not use them for business;
6) Not to move a colleague's property marker;
7) Not to kidnap.
These mitzvot are explained in the chapters [that follow].
Halacha 1
Whenever a person steals property that is worth a p'rutah or more, he transgresses a negative commandment, as Exodus 20:13 states: "Do not steal."
Lashes are not administered for the violation of this commandment, for one is obligated to give compensation. For the Torah requires a thief to compensate the party from whom he stole, whether he be a Jew or a gentile, an adult or a minor.
Halacha 2
The Torah prohibits stealing even the slightest amount.It is forbidden to steal as a jest, to steal with the intent to return, or to steal with the intent to pay. All is forbidden, lest one habituate oneself to such conduct.
Halacha 3
Who is a thief? A person who takes assets belonging to a colleague in stealth, without the owner's knowing - e.g., a pickpocket who is not detected by the owner or the like.
If, however, a person takes a colleague's assets in open view and with public knowledge by force, he is not considered a thief, but rather a robber.
For this reason, an armed bandit who steals is not considered a robber, but a thief. This applies even when the owner takes notice when he steals.
Halacha 4
When two acceptable witnesses testify that a person stole, he is required to pay twice the amount of the stolen property to its owner. If he stole a dinar, he must pay two. If he stole a donkey, a garment or a camel, he must pay twice its worth. He thus loses the amount that he desired that his colleague would lose.
Halacha 5
When a thief admits that he stole, he must repay the principal, but he is not liable for the payment of the double amount, as indicated by Exodus 22:8: "one who is deemed guilty by the court must pay double." This excludes a person who admits his own guilt; he need not pay double.
This principle applies with regard to all the fines required by the Torah. A person who admits his own guilt is not liable for the fine.
Halacha 6
The obligation to make double restitution applies with regard to all articles with the exception of a sheep or an ox. A person who steals an ox or a sheep and slaughters it or sells it must pay four times the amount of the sheep and five times the amount of the ox.
Halacha 7
The obligation to pay double - or four or five times the amount - of the value of the stolen article applies equally to a man and to a woman. If a woman is married and thus has no financial resources with which to pay, the double paymentremains a debt that she is obligated to pay when she is divorced or becomes a widow. At that time, the court exacts payment from her.
Halacha 8
When a minor steals, he is not liable for the double payment. The stolen article must, however, be returned to its owner. If that article is lost, he is not obligated to pay the principal even after he attains majority.
Halacha 9
When a servant steals, he is not liable for the double payment. Similarly, his owner is not liable. For a person is not liable for the damages caused by his servants although they are his property. The rationale is that the servants are mentally competent, and their owner is incapable of guarding them. Were the owner to be held liable for the damages his servants cause, if he angered a servant, the servant could desire to seek revenge and go and ignite a grain heap worth a thousand dinar or precipitate other similar damage to cause his owner to be liable.
If the servant is freed by his owner, he is obligated to pay the double payment.
Halacha 10
It is appropriate for the court to administer corporal punishment to a child who steals, according to the child's strength, so that he will not become accustomed to such conduct. The same principles apply if he causes other types of damage.
Similarly, servants who stole or caused damage should be administered severe corporal punishment, so that they will not become accustomed to causing damage.
Halacha 11
When the stolen article increased in value while it was in the thief's possession - e.g., a sheep bore a lamb and it was shorn - the thief must restore the sheep, its shearings and its offspring.
If the owner already despaired of the sheep's return, and it gave birth or was shorn, the thief must pay only the value at the time of the theft. If the thief invested in the stolen property, causing its value to increase - e.g., he force fed livestock - the thief is entitled to the increase in value even when the owner does not despair of the article's return. When the thief restores the stolen article and the double payment, he should be repaid for the increase in value by the owner, or that amount should be deducted from the double payment.
Halacha 12
When the stolen article remains unchanged in the possession of the thief, it should be returned to its owner regardless of whether or not he despaired of its return. If, however, it increased in value after the owner despaired of its return, the thief is entitled to that increase, as we have explained above.
If, however, the stolen article underwent a fundamental change while in the thief's possession, the thief acquires it and any increase in its value, even before the owner despairs of the article's return. All that is required of him is to return the value of the stolen article at the time of the theft.
Halacha 13
If he stole a gaunt animal and he fattened it, or he stole a fat animal and he caused its weight to be reduced, he is liable to pay twice - or four or five times - the value of the animal at the time of the theft.
If he stole a kid and it grew into a ram, or a calf and it grew into an ox, he is liable to pay twice the value of the animal at the time of the theft. If he slaughtered it or sold it after it matured, it is considered to have undergone a change while in the thief's possession, and he acquires it. Thus, he is slaughtering or selling his own animal; he is not required to pay four or five times its worth.
Halacha 14
When a person steals an animal, a utensil or the like that was worth four zuz at the time of the theft, but at the time the case is brought to court, it depreciated and is worth only two, the thief must pay the worth of the principal at the time of the theft, and pay the double - or quadruple or quintuple - amount as evaluated at the time the case is brought to court.
The following rules apply if an animal or a utensil was worth two zuz at the time of the theft, but at the time the case is brought to court, it appreciated and is worth four. If the person slaughtered or sold the animal or destroyed or lost the utensil, he must pay double - or four or five times - the worth of the stolen article at the time the case is brought to court.
If the animal died or the utensil was lost as a matter of course, he must pay double the worth of the stolen article at the time of the theft.
Halacha 15
When a person steals a utensil and destroys it or causes it to decrease in value - or it is destroyed or it decreases in value as a matter of course - the amount of the decrease is not evaluated. Instead, we evaluate the original worth of this utensil, and the thief is obligated to pay the owner twice this amount. The broken utensil becomes the property of the thief. The same laws apply in all similar instances.
If the owner desires to take the broken utensil and be compensated for the damage done to it and receive the double payment, his wishes are respected.
Halacha 16
When a thief slaughters or sells a sheep or an ox before the owner despairs of its return, he is required to pay four or five times its amount, despite the fact that the sale is nullified and the purchaser does not acquire the article, but instead must return it intact to its original owner.
Needless to say, the above applies if he slaughters or sells the animal after the owner despairs of its return. For his deed is effective, and the purchaser is considered to have acquired the article.
Halacha 17
When a thief steals from another thief, he is not required to pay twice its amount. This applies even if the original owner despaired of the stolen article's return. If the second thief slaughters or sells a stolen animal, he is not required to pay the first thief four or five times its worth.
The rationale is that the law is that this animal must be returned to its owner; it was never acquired by the thief. Nor must the second thief pay twice, four or five times the amount to the original owner, because he did not steal the property from the original owner's domain.
Halacha 18
When a thief steals an animal and slaughters it, and then another person steals the meat, the second thief must make double restitution to the first thief, for the first thief acquired the animal because of the change his deed brought about. The first thief must, however, pay four or five times the animal's worth.
The following rules apply when a thief stole an animal and sold it, and another person stole it from the purchaser. If the original owner despaired of the animal's return, the first thief must pay four or five times the animal's worth, and the second thief must pay double its worth. If the original owner did not despair of the animal's return, the second thief is required to restore only the principal.
Genevah - Chapter Two
Halacha 1
When a person steals from a gentile or from consecrated property, he is required to pay only the principal, as implied by Exodus 22:8: "He shall pay twice the amount to his colleague." "To his colleague" excludes the Temple treasury and a gentile.
Similarly, a person who steals animals that were consecrated to be offered as sacrifices - both sacrifices of the highest sanctity and sacrifices of lesser sanctity - is not liable to pay twice or four or five times the animals' worth. This applies whether or not the owner is liable to bring another animal as an offering instead of the stolen animal.
The rationale is that Exodus 22:6 describes the article as having been "stolen from a person's home" - i.e., not from the the Temple treasury.
Halacha 2
Similarly, a person who steals servants, promissory notes or landed property is not liable to make double payment. For the Torah obligated double payment only for the theft of chattel that is itself worth money.
The exclusion of landed property is derived from Exodus 22:8, which speaks about paying double for: "an ox, a donkey, a sheep or a garment." Servants are equated with landed property, as Leviticus 25:46 states: "You shall give them as an inheritanceto your sons." And promissory notes are not themselves worth money.
Halacha 3
When a person steals a firstling donkey belonging to a colleague before it was redeemed, he must make double restitution to the owner. Although the donkey is not yet his, it is fit to be his at a later date.
Halacha 4
A person who steals tevel belonging to a colleague and eats it must reimburse him for his tevel. A person who steals forbidden fats belonging to a colleague and eats it must reimburse him for his fats.
Halacha 5
When a person steals terumah from an Israelite who owns it, he is not required to pay double. For the Israelite possesses merely the prerogative to give it to the priest of his choice,and that prerogative is not considered to be equivalent to money.
Halacha 6
When a person steals a sheep or a cow from his father and slaughters or sells the stolen animal and then his father dies, he is liable to pay four or five times the animal's worth to his father's estate. If his father dies, and then he slaughters or sells the stolen animal, he must make double payment; he does not, however, pay four or five times the animal's worth.
If a thief steals a sheep or a cow, slaughters or sells the stolen animal and then consecrates it as a sacrifice, he must pay four or five times the animal's worth.
If, by contrast, a thief consecrates an animal and then slaughters or sells it - even if he consecrates it as a sacrifice of a lesser degree of sanctity - he must make a double payment; he does not pay four or five times the amount.
When does the above apply? When he consecrated the animal after the owner despaired of the animal's return. If, however, he consecrates it before the owner despairs of the animal's return, the consecration is not effective. If the thief slaughters or sells it, he must pay four or five times the amount.
Halacha 7
If the owner consecrates the animal while it is in the thief's domain, the consecration is not effective. The rationale is that it is not in the owner's possession. If the thief slaughtered or sold it after the owner consecrated it, he must still pay four or five times its worth to the owner.
Halacha 8
When a thief slaughters a sheep or a cow, but the slaughter is not ritually acceptable, or he kills the animal or rips out the signs of ritual slaughter, he is liable to pay only double the animal's worth.
If, however, he slaughters an animal for medicinal purposes, to feed it to the dogs - and after it was slaughtered it was discovered to be taref - or he slaughtered it in the Temple courtyard although it was not consecrated, he must pay four or five times its worth.Although it is forbidden to benefit from a non-consecrated animal that is slaughtered in the Temple courtyard, since that prohibition is Rabbinic in origin, he is liable to pay four or five times the animal's worth.
Halacha 9
Similarly, if a person steals a half-breed that comes from a sheep and another animal, or he steals an animal that had been preyed upon, one whose leg had been cut off, one that limped or was blind, or that belonged to partners, and he slaughtered it or sold it, he is liable to pay four or five times its worth.
Halacha 10
When a person steals a cow or a sheep and gives it to another person as a present, or he charges another person with slaughtering it, and the other person slaughters it, or he charges another person with selling it, and the other person sells it, the thief must pay four or fives times its worth.
He is also liable for this penalty if he stole it and sold it on credit, exchanged it for another article, paid a debt that he owed, or sent it as an engagement gift to his fiancee in his father-in-law's home.
Halacha 11
A thief stole a sheep or a cow and sold it, but posited that the sale not take effect until thirty days have passed - and within those thirty days the thief was apprehended - he is required to pay only double its worth.
The following rule applies if the thief sold the stolen animal to another person except for one hundredth of its bulk, or except for its foreleg or its hindleg. If the thief retained ownership of a portion of the animal that is permitted to be used only through ritual slaughter, he is not liable to pay four or five times its worth. If he sold it with the exception of its shearings or its horns, he is liable to pay four or five times its worth, for these portions of the animal are permitted to be used even without ritual slaughter.
Halacha 12
If a thief stole a sheep or a cow, cut off a limb and then sold it, or he sold it with the exception of the right to work with it, or he sold it except for a 30-day period, the payment for four or five times its amount should not be expropriated from the thief. If the person whose animal was stolen seizes this amount from the thief's assets, the property that he seized should not be expropriated from him.
Halacha 13
If the thief was a partner in the animal he stole and then he sold it, he is not liable to pay four or five times its worth.
Halacha 14
The following rules apply when partners steal a sheep or a cow. If one of them slaughtered or sold the stolen animal with his partner's consent, they must both join in the payment of four or five times its worth. If he acted without the consent of his partner, they are not liable for the payment of four or five times the animal's worth. They must, however, make double restitution.
Halacha 15
When a thief stole a sheep or a cow, was brought to court and was told by the judges: "Go and give him what you stole," and instead of making restitution he sold or slaughtered the animal, he is not liable for the payment of four or five times the animal's worth. If the judges told him: "You are obligated to return it to him," and then he slaughtered or sold the stolen animal, he is liable for the payment of four or five times the animal's worth. The rationale is that the judgment was not rendered in a definitive manner, and he is persevering in his theft.
Halacha 16
When a person steals an object without removing it from the domain of its owner, he is not liable for a double payment.Similarly, if he slaughtered or sold a stolen sheep or cow in the owner's domain, he is not liable for the added penalty. If, however, he lifted the stolen object above the ground, he is liable as a thief, even though he did not take it out of the owner's domain.
What is implied? If he stole a lamb from the corral and was pulling it, and it died while in the owner's domain, he is not liable for the added penalty. If he lifted it up or removed it from the owner's domain, and then it died, he is liable.
If while in the owner's domain, the thief gave it to a priest in redemption of his first-born son, to his creditor, to an unpaid watchman, to a borrower, to a renter or to a paid watchman, and the recipient was pulling the animal and it died, the recipient is not liable. If the recipient lifted it up or removed it from the domain of its owner and it died, the recipient is liable, because the thief did not remove it from the owner's domain and the recipient did.
Halacha 17
When a herd of sheep or cows are in a forest, and a thief prods an animal to move and then hides it among the trees and woods, he is obligated to pay twice its worth. If he slaughters or sells it there, he is obligated to pay four or five times its worth.
Halacha 18
When a thief steals a sheep or a cow in the owner's domain, and after the owner discovered the theft, the thief removed it and slaughtered it or sold it outside their domain, or if a thief stole and removed the animal from the owner's domain and then slaughtered or sold it in the owner's domain, he is obligated to pay four or five times its worth.
Genevah - Chapter Three
Halacha 1
We have already explained in Hilchot Na'arah Betulah, that whenever a person violates a transgression that is punishable by both capital punishment and a financial penalty, he is not obligated to pay the financial penalty, even though he performed the act unintentionally.
When a person performs a transgression that is punishable by lashing and a financial penalty, he shall be lashed and is not required to pay the financial penalty. For a person should not receive both punishments: lashing and a financial penalty for the same deed. Therefore, if he performed the act unintentionally or he was not given a warning, he is required to pay and is not lashed.
When does the above apply? When the financial obligation and the transgression obligating capital punishment - or the financial obligation and the transgression punishable by lashing - came about at the same time. If, however, he became liable for a financial penalty and then became liable for capital punishment or lashing, or became liable for capital punishment or lashing and then became liable for a financial penalty, he shall be lashed and pay, or pay and be executed.
Halacha 2
What is implied? If he propelled an arrow on the Sabbath, from the beginning of a four-cubit space until the end of the four-cubit space, and it tore a garment belonging to a colleague as it proceeded, he set fire to a grain heap belonging to a colleague on the Sabbath, or he stole a wallet on the Sabbath and was dragging it along the ground until he removed it from the owner's domain - which was a private domain - to the public domain, and caused it to be destroyed there, he is not liable for the damages. The prohibition against labor on the Sabbath, and the prohibition against theft or damages take effect at the same time. Therefore, he is not liable.
If, however, he stole a wallet on the Sabbath and lifted it up in the private domain, and then took it out to the public domain and threw it into a river, he is liable to make a double payment. For he became liable for the theft before he violated the prohibition punishable by execution by stoning. The same laws apply in all similar situations.
Similarly, if a person cut down a tree belonging to a colleague on a festival, and a warning was issued, or he set fire to a grain heap belonging to a colleague on Yom Kippur and a warning was issued, or he stole and slaughtered an animal on Yom Kippur, he is not under any financial obligation. If, however, a warning was not issued to him, he is liable for payment, and with regard to the slaughter of a stolen animal must pay four or five times its worth.
Halacha 3
If a thief stole a sheep or a cow and slaughtered it on the Sabbath or as a sacrifice to a false deity, he is not liable to pay four or five times its worth, as explained above. This applies even when he performs the transgression unintentionally.
Halacha 4
If the cow had been lent to him and he slaughtered it on the Sabbath with the intent to steal it, he is not liable even for the double payment, for the violation of the prohibition against the laws of the Sabbath and the prohibition against theft came about simultaneously. For if there is no obligation for theft, there is no obligation for slaughter or for sale.
Halacha 5
When a person steals a sheep or a cow and sells it on the Sabbath or sells it to a pagan deity, he is obligated to pay four or five times its amount, for the sale itself does not cause one to incur the death penalty. If a forbidden labor was performed on the Sabbath at the time of the sale, the thief is not liable to pay four or five times its amount.
What is implied? For example, he agreed that the sale would not take effect until the animal comes to rest in the courtyard of the purchaser. Thus, when he took the animal from one domain to another domain, the prohibition against labor on the Sabbath and the sale take effect at the same time.
Halacha 6
When a thief appointed an agent to slaughter a stolen animal for him, and the agent slaughtered it for him on the Sabbath, the thief must pay four or five times the animal's worth. For the thief did not perform a transgression punishable by death, and as we have explained, a person who has an agent slaughter for him is liable for the additional payment.
Halacha 7
When two witnesses testify that a person stole a cow or a sheep, and then they themselves or two other witnesses testify that he slaughtered or sold the animal, the thief is liable to pay four or five times the animal's worth.
If two witnesses testify that the person stole a cow or a sheep and one witness testifies that he slaughtered or sold the stolen animal, or the thief admitted that he slaughtered or sold the stolen animal on his own initiative, the thief must pay double. He is not, however, liable to pay four or five times the animal's worth. The rationale is that a person who admits his liability for a fine is not liable for that penalty, as we have explained.
Halacha 8
The following rules apply when a person admits liability for a fine, and then afterwards witnesses come and testify to his liability. If he made his admission before a court while they were in session, he is not liable. If he made the admission when the court was not in session, or before two judges, and afterwards witnesses came and testified to his liability, he is liable to pay the fine because of their testimony.
Halacha 9
What is implied? A thief admitted that he stole to a court while it was in session, and afterwards witnesses came and testified that he stole. He is not liable for a double payment, because he obligated himself for the principal before the witnesses came.
If, however, he denied stealing in the presence of a court in this way, freeing himself of liability, and then witnesses came and testified that he stole a sheep or a cow, at which point he admitted in the presence of the court that he slaughtered or sold the stolen animal, and then witnesses came and testified that he slaughtered or sold the animal, he is liable to pay four or five times the animal's worth. The rationale is that first he denied the obligation entirely before witnesses came.
Halacha 10
The following rules apply when a thief steals an ox belonging to two partners and slaughters it or sells it, and makes an admission to one in the presence of a court, but denies his liability to the other. If witnesses come afterwards and testify that he stole or sold, he must pay the partner whose claim he denied five times half the value of the ox. If the same situation takes place with regard to the theft of a sheep, he must pay four times half the value of the sheep.
Halacha 11
The law requires a thief to pay the principal and to make the payment of double - or four or fives times - the value of the theft from his movable property. If he does not own movable property, the court assesses his possessions and expropriates the entire debt from the finest of his landed properties, as is the practice with regard to other damages, regarding which Exodus 22:4 states: "He shall pay from the best of his field."
If he owns neither landed property nor movable property, the court sells him as a servant and gives the money from his sale to the person from whom he stole, as ibid.:2 states: "If he has no resources, he shall be sold for his theft."
Halacha 12
A man, but not a woman, may be sold because of a theft. This law is part of the Oral Tradition.
A thief is sold only because of the principal, but not for the payment of twice or four or five times the amount of the theft. If he can repay the principal, the additional amount remains a debt incumbent on him until he acquires the resources.
Halacha 13
When a person steals from a gentile or steals consecrated property, he is not sold for the principal. Instead, it remains a debt incumbent on him until he acquires the resources.
Halacha 14
When the principal of a theft was worth 100 zuz and the thief could be sold for only 50 zuz, he shall be sold, and the remainder of the principal and the double payment is considered a debt incumbent on him until he attains his freedom in the seventh year, acquires the resources and pays.
If the thief was worth 101 zuz, he shall not be sold. This is derived from the above verse, which states: "He shall be sold for his theft." Implied is that his entire worth must be included in the money received for his theft.
Halacha 15
The following rules apply if a person stole and was sold for his theft, and then stole again. If he stole from another person, he shall be sold as a servant a second time. Even if he stole from a hundred people, he shall be sold a hundred times. If, however, he stole from the first person a second time, he shall not be sold a second time. Instead, the entire amount remains a debt incumbent on him.
Halacha 16
If a thief stole from three different people, they are all considered to be partners for his servitude. If the value of his work is equivalent to or less than the principal he owes the three, he is sold and they divide the proceeds of the sale. The double payments remain a debt incumbent on him until he acquires the resources. If his value exceeds the principal, he should not be sold. Instead, the entire amount remains a debt incumbent on him until he attains the resources.
Halacha 17
When partners commit a theft together, the liability is divided among them. Each of them can be sold for his portion of the principal. If the value of one of them is more than his share of the principal for which he is liable, he is not sold.
• Tuesday, Elul 3, 5775 · 18 August 2015
"Today's Day"
Friday Elul 3 5703
Torah lessons: Chumash: Shoftim, Shishi with Rashi.
Tehillim: 18-22. Also 7-9.
Tanya: Now, this type (p. 445) ...come until..." (p. 445).
Whoever has faith in individual Divine Providence knows that "Man's steps are established by G-d,"1 that this particular soul must purify and improve something specific in a particular place. For centuries, or even since the world's creation, that which needs purification or improvement waits for this soul to come and purify or improve it. The soul too, has been waiting - ever since it came into being2 - for its time to descend, so that it can discharge the tasks of purification and improvement assigned to it.
FOOTNOTES
1. Tehillim 37:23.
2. Lit. "...ever since its emanation and creation..." The highest of the four general planes of the spiritual cosmos are Atzilut, "Emanation," and B'ria, "creation." See Translator's Notes p. 121 in printed version.
Daily Thought:
Balance
If it is to be lived with purpose, life is a delicate balancing act of body and soul, heaven and earth. It requires two feet firmly upon the ground and a clear head high up in the air. Only then are you the master.
In a rush, you are not in control of your world—the world is in control of you. Place your foot gently on the brakes, slow down, switch gears from madness to mind. Reclaim mastery.
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