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 10 Chapter 11 Chapter 12
Psalm 10:1 Why, Adonai, do you stand at a distance?
Why do you hide yourself in times of trouble?
2 The wicked in their arrogance hunt down the poor,
who get caught in the schemes they think up.
3 For the wicked boasts about his lusts;
he blesses greed and despises Adonai.
4 Every scheme of the wicked in his arrogance [says],
“There is no God, [so] it won’t be held against me.”
5 His ways prosper at all times.
Your judgments are way up there,
so he takes no notice.
His adversaries? He scoffs at them all.
6 In his heart he thinks, “I will never be shaken;
I won’t meet trouble, not now or ever.”
7 His mouth is full of curses, deceit, oppression;
under his tongue, mischief and injustice.
8 He waits near settlements in ambush
and kills an innocent man in secret;
his eyes are on the hunt for the helpless.
9 Lurking unseen like a lion in his lair,
he lies in wait to pounce on the poor,
then seizes the poor and drags him off in his net.
10 Yes, he stoops, crouches down low;
and the helpless wretch falls into his clutches.
11 He says in his heart, “God forgets,
he hides his face, he will never see.”
12 Arise, Adonai! God, raise your hand!
Don’t forget the humble!
13 Why does the wicked despise God
and say in his heart, “It won’t be held against me”?
14 You have seen; for you look at mischief and grief,
so that you can take the matter in hand.
The helpless commits himself to you;
you help the fatherless.
15 Break the arm of the wicked!
As for the evil man,
search out his wickedness
until there is none left.
16 Adonai is king forever and ever!
The nations have vanished from his land.
17 Adonai, you have heard what the humble want;
you encourage them and listen to them,
18 to give justice to the fatherless and oppressed,
so that no one on earth will strike terror again.
11:(0) For the leader. By David:
(1) In Adonai I find refuge.
So how can you say to me,
“Flee like a bird to the mountains!
2 See how the wicked are drawing their bows
and setting their arrows on the string,
to shoot from the shadows at honest men.
3 If the foundations are destroyed,
what can the righteous do?”
4 Adonai is in his holy temple.
Adonai, his throne is in heaven.
His eyes see and test humankind.
5 Adonai tests the righteous;
but he hates the wicked and the lover of violence.
6 He will rain hot coals down on the wicked,
fire, sulfur and scorching wind
will be what they get to drink.
7 For Adonai is righteous;
he loves righteousness;
the upright will see his face.
12:(0) For the leader. On sh’minit [low-pitched musical instruments?]. A psalm of David:
2 (1) Help, Adonai! For no one godly is left;
the faithful have vanished from humankind.
3 (2) They all tell lies to each other,
flattering with their lips, but speaking from divided hearts.
4 (3) May Adonai cut off all flattering lips
and the tongue that speaks so proudly,
5 (4) those who say, “By our tongues, we will prevail;
our lips are with us. Who can master us?”
6 (5) “Because the poor are oppressed,
because the needy are groaning,
I will now rise up,” says Adonai,
“and grant security to those whom they scorn.”
7 (6) The words of Adonai are pure words,
silver in a melting-pot set in the earth,
refined and purified seven times over.
8 (7) You, Adonai, protect us;
guard us forever from this generation —
9 (8) the wicked strut about everywhere
when vileness is held in general esteem.
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
Daily Quote:
And [Moses] took the book of the covenant and read it within the hearing of the people, and they said, “All that G‑d has spoken, we will do and we will hear.”[Exodus 24:7]
Daily Study:
Chitas and Rambam for today:
Chumash: Shoftim, 4th Portion Deuteronomy 18:6-18:13 with Rashi
• Chapter 18
6And if a Levite comes from one of your cities out of all Israel where he sojourns, he may come whenever his soul desires, to the place the Lord will choose, ווְכִי יָבֹא הַלֵּוִי מֵאַחַד שְׁעָרֶיךָ מִכָּל יִשְׂרָאֵל אֲשֶׁר הוּא גָּר שָׁם וּבָא בְּכָל אַוַּת נַפְשׁוֹ אֶל הַמָּקוֹם אֲשֶׁר יִבְחַר יְהֹוָה:
And if the Levite comes: One might think that Scripture is referring to an actual Levite [i.e., not a kohen]. Therefore it says, “And he may serve” (verse 7). And since Levites are not fit to serve in the whole service, we see that this verse is not referring to them [but rather to kohanim]. — [Sifrei] וכי יבא הלוי: יכול בבן לוי ודאי הכתוב מדבר, תלמוד לומר ושרת, יצאו לוים שאין ראוין לשירות:
he may come whenever his soul desires…: ובא בכל אות נפשו וגו' :
7and he may serve in the name of the Lord, his God, just like all his Levite brothers, who stand there before the Lord. זוְשֵׁרֵת בְּשֵׁם יְהֹוָה אֱלֹהָיו כְּכָל אֶחָיו הַלְוִיִּם הָעֹמְדִים שָׁם לִפְנֵי יְהֹוָה:
and he may serve: [This] teaches [us] that a kohen may come and offer his own freewill and obligatory sacrifices even when it is not his shift. — B. K. 109b] Another explanation: It further teaches concerning kohanim who come to the Temple [as pilgrims] on the Festivals, that they may offer [together with those of the shift] and perform the services connected with the sacrifices that are brought because of the Festival-for instance, the “additional offerings” of the Festivaleven though it is not their shift. — [Sifrei, Sukk. 55b] ושרת: למד על הכהן שבא ומקריב קרבנות נדבתו או חובתו ואפילו במשמר שאינו שלו. דבר אחר עוד למד על הכהנים הבאים לרגל שמקריבין במשמר ועובדין בקרבנות הבאות מחמת הרגל, כגון מוספי הרגל, ואף על פי שאין המשמר שלהם:
8They shall eat equal portions, except what was sold by the forefathers. חחֵלֶק כְּחֵלֶק יֹאכֵלוּ לְבַד מִמְכָּרָיו עַל הָאָבוֹת:
They shall eat equal portions: This teaches that they [the kohanim present as pilgrims on the Festivals] receive a portion of the hides [of the Festival burnt-offerings] and the flesh of the he-goats of sin-offerings [of the Festival]. Now one might think that [these kohanim may participate] also in sacrifices which are brought unrelated to the Festival, such as the תָּמִיד, the daily burnt-offerings, מוּסְפֵי שַׁבָּת, additional offerings of the Sabbath [on which a Festival may coincide] and sacrificial vows and donations. Therefore, it says: חלק כחלק יאכלו: מלמד שחולקין בעורות ובבשר שעירי חטאות. יכול אף בדברים הבאים שלא מחמת הרגל, כגון תמידין ומוספי שבת ונדרים ונדבות, תלמוד לומר:
except what was sold by the forefathers: Except what his ancestors sold [to one another] in the days of David and Samuel when the system of shifts was established, trading with each other thus, “You take your week, and I will take my week.” - [Sifrei ; Sukk. 56a] לבד ממכריו על האבות: חוץ ממה שמכרו האבות בימי דוד ושמואל, שנקבעו המשמרות ומכרו זה לזה טול אתה שבתך ואני אטול שבתי
9When you have come to the land the Lord, your God, is giving you, you shall not learn to do like the abominations of those nations. טכִּי אַתָּה בָּא אֶל הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לָךְ לֹא תִלְמַד לַעֲשׂוֹת כְּתוֹעֲבֹת הַגּוֹיִם הָהֵם:
you shall not learn to do [like the abominations of those nations]: But you may learn [their practices] to understand [them] and to teach [them], i.e. to understand how degenerate their actions are, and to teach your children, “Do not do such and such, because this is a heathen custom!” - [Sifrei ; San. 68a] לא תלמד לעשות: אבל אתה למד להבין ולהורות, כלומר להבין מעשיהם כמה הם מקולקלים, ולהורות לבניך לא תעשה כך וכך, שזה הוא חוק הגוים:
10There shall not be found among you anyone who passes his son or daughter through fire, a soothsayer, a diviner of [auspicious] times, one who interprets omens, or a sorcerer, ילֹא יִמָּצֵא בְךָ מַעֲבִיר בְּנוֹ וּבִתּוֹ בָּאֵשׁ קֹסֵם קְסָמִים מְעוֹנֵן וּמְנַחֵשׁ וּמְכַשֵּׁף:
who passes his son or daughter through fire: This was the Molech worship. They made two bonfires on either side and passed the child between them both. — [San. 64b] מעביר בנו ובתו באש: היא עבודת המולך. עושה מדורות אש מכאן ומכאן ומעבירו בין שתיהם:
a soothsayer: What is a soothsayer? One who takes his rod in his hand and says [as though to consult it], “Shall I go, or shall I not go?” Similarly, it says (Hos. 4:12),“My people takes counsel of his piece of wood, and his rod declares to him.” - [Sifrei] קוסם קסמים: איזהו קוסם, האוחז את מקלו ואומר אם אלך אם לא אלך. וכן הוא אומר, עמי בעצו ישאל ומקלו יגיד לו (הושע ד, יב):
a diviner of [auspicious] times: Heb. מְעוֹנֵן. Rabbi Akiva says: These are people who determine the times (עוֹנוֹת) , saying, “Such-and-such a time is good to begin [a venture].” The Sages say, however, that this refers to those who“catch the eyes (עֵינַיִם) ” [i.e., they deceive by creating optical illusions]. מעונן: רבי עקיבא אומר אלו נותני עונות, שאומרים עונה פלונית יפה להתחיל. וחכמים אומרים אלו אוחזי העינים:
one who interprets omens: [e.g.,] bread falling from his mouth, a deer crossing his path, or his stick falling from his hand. — [Sifrei , San. 65b] מנחש: פתו נפלה מפיו, צבי הפסיקו בדרך, מקלו נפל מידו:
11or a charmer, a pithom sorcerer, a yido'a sorcerer, or a necromancer. יאוְחֹבֵר חָבֶר וְשֹׁאֵל אוֹב וְיִדְּעֹנִי וְדֹרֵשׁ אֶל הַמֵּתִים:
or a charmer: One who collects snakes, scorpions or other creatures into one place. וחובר חבר: שמצרף נחשים או עקרבים או שאר חיות למקום אחד:
a pithom sorcerer: This is a type of sorcery called pithom . The sorcerer raises the [spirit of the] dead, and it speaks from his [the sorcerer’s] armpit. ושאל אוב: זה מכשפות ששמו פיתום ומדבר משחיו ומעלה את המת בבית השחי שלו:
a yido’a sorcerer: Here the sorcerer inserts a bone of the animal called yido’a into his mouth, and the bone speaks by means of sorcery. — [Sifrei , San. 65a] וידעני: מכניס עצם חיה ששמה ידוע, לתוך פיו, ומדבר העצם על ידי מכשפות:
or a necromancer: As, for example, one who raises [the dead spirit] upon his membrum, or one who consults a skull. — [Sifrei , see San. 65b] ודורש אל המתים: כגון המעלה בזכורו והנשאל בגלגולת:
12For whoever does these things is an abomination to the Lord, and because of these abominations, the Lord, your God is driving them out from before you. יבכִּי תוֹעֲבַת יְהֹוָה כָּל עֹשֵׂה אֵלֶּה וּבִגְלַל הַתּוֹעֵבֹת הָאֵלֶּה יְהֹוָה אֱלֹהֶיךָ מוֹרִישׁ אוֹתָם מִפָּנֶיךָ:
[For] whoever does these [things] [is an abomination to the Lord]: It does not say, “one who does all these things,” but, “whoever does these things,” even one of them. — [Sifrei , Mak. 24a] כל עושה אלה: עושה כל אלה לא נאמר אלא כל עושה אלה, אפילו אחת מהן:
13Be wholehearted with the Lord, your God. יגתָּמִים תִּהְיֶה עִם יְהֹוָה אֱלֹהֶיךָ:
Be wholehearted with the Lord, your God: Conduct yourself with Him with simplicity and depend on Him, and do not inquire of the future; rather, accept whatever happens to you with [unadulterated] simplicity and then, you will be with Him and to His portion. — [Sifrei] תמים תהיה עם ה' אלהיך: התהלך עמו בתמימות ותצפה לו ולא תחקור אחר העתידות, אלא כל מה שיבא עליך קבל בתמימות ואז תהיה עמו ולחלקו:
Daily Tehillim: Psalms Chapters 23 - 28
• 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 23
When King David was in the forest of Cheret and nearly died of starvation, God provided nourishment for him with a taste of the World to Come. David then composed this psalm, describing the magnitude of his trust in God.
1. A psalm by David. The Lord is my shepherd, I shall lack nothing.
2. He lays me down in green pastures; He leads me beside still waters.
3. He revives my soul; He directs me in paths of righteousness for the sake of His Name.
4. Though I walk in the valley of the shadow of death, I will fear no evil, for You are with me; Your rod and Your staff-they will comfort me.
5. You will prepare a table for me before my enemies; You have anointed my head with oil; my cup is full.
6. Only goodness and kindness shall follow me all the days of my life, and I shall dwell in the House of the Lord for many long years.
Chapter 24
If the fulfillment of one's prayer would result in the sanctification of God's Name, he should pray that God act for the sake of the holiness of His Name. One should also invoke the merit of his ancestors, for we know that "the righteous are greater in death than in life"
1. By David, a psalm. The earth and all therein is the Lord's; the world and its inhabitants.
2. For He has founded it upon the seas, and established it upon the rivers.
3. Who may ascend the mountain of the Lord, and who may stand in His holy place?
4. He who has clean hands and a pure heart, who has not used My Name in vain or sworn falsely.
5. He shall receive a blessing from the Lord, and kindness from God, his deliverer.
6. Such is the generation of those who search for Him, [the children of] Jacob who seek Your countenance forever.
7. Lift up your heads, O gates, and be lifted up, eternal doors, so the glorious King may enter.
8. Who is the glorious King? The Lord, strong and mighty; the Lord, mighty in battle.
9. Lift up your heads, O gates; lift them up, eternal doors, so the glorious King may enter.
10. Who is the glorious King? The Lord of Hosts, He is the glorious King for all eternity.
Chapter 25
The verses in this psalm are arranged according to the alphabet, excluding the letters Bet, Vav, and Kuf, which together equal the numerical value of Gehenom (purgatory). One who recites this psalm daily will not see the face of purgatory.
1. By David. To You, Lord, I lift my soul.
2. My God, I have put my trust in You. May I not be put to shame; may my enemies not gloat over me.
3. Indeed, may all who hope in You not be put to shame; let those who act treacherously without reason be shamed.
4. O Lord, make Your ways known to me; teach me Your paths.
5. Train me in Your truth and teach me, for You are the God of my salvation; I yearn for You all day.
6. O Lord, remember Your mercies and Your kindnesses, for they have existed for all time.
7. Do not recall the sins of my youth, nor my transgressions; remember me in accordance with Your kindness, because of Your goodness, O Lord.
8. Good and upright is the Lord, therefore He directs sinners along the way.
9. He guides the humble with justice, and teaches the humble His way.
10. All the paths of the Lord are kindness and truth for those who observe His covenant and testimonies.
11. For the sake of Your Name, O Lord, pardon my iniquity, for it is great.
12. Whoever is a God-fearing man, him will He teach the path that he should choose.
13. His soul will abide in well-being, and his descendants will inherit the earth.
14. The secret of the Lord is to those who fear Him; He makes His covenant known to them.
15. My eyes are always turned to the Lord, for He releases my feet from the snare.
16. Turn to me and be compassionate to me, for I am alone and afflicted.
17. The sufferings of my heart have increased; deliver me from my hardships.
18. Behold my affliction and suffering, and forgive all my sins.
19. See how numerous my enemies have become; they hate me with a violent hatred.
20. Guard my soul and deliver me; may I not be put to shame, for I place my trust in You.
21. Let integrity and uprightness guard me, for my hope is in You.
22. Redeem Israel, O God, from all its afflictions.
Chapter 26
In this psalm King David inundates God with prayers and acts of piety, because he envies those who are his spiritual superiors, saying, "If only I were on their level of piety and virtue!"
1. By David. Judge me, O Lord, for in my innocence I have walked, and in the Lord I have trusted-I shall not falter.
2. Try me, O Lord, and test me; refine my mind and heart.
3. For Your kindness is before my eyes, and I have walked constantly in Your truth.
4. I did not sit with men of falsehood, and with hypocrites I will not mingle.
5. I detested the company of evildoers, and with the wicked I will not sit.
6. I wash my hands in purity, and circle Your altar, O Lord,
7. to give voice to thanks, and to recount all Your wonders.
8. I love the shelter of Your House, O Lord, and the place where Your glory resides.
9. Gather not in my soul with sinners, nor my life with men of bloodshed,
10. In whose hands are schemes, and whose right hand is filled with bribes.
11. But I walk in my innocence; redeem me and show me favor.
12. My foot stands on level ground; in assemblies I will bless the Lord.
Chapter 27
King David acknowledges and praises God, placing his trust in Him because of his victories in war. "Nevertheless, it is not wars that I desire, for I cannot gain perfection with them. Only one thing do I ask: to abide day and night in the study hall studying Torah, to gain perfection so that my soul may merit the life of the World to Come."
1. By David. The Lord is my light and my salvation-whom shall I fear? The Lord is the strength of my life-whom shall I dread?
2. When evildoers approached me to devour my flesh, my oppressors and my foes, they stumbled and fell.
3. If an army were to beleaguer me, my heart would not fear; if war were to arise against me, in this I trust
1
4. One thing I have asked of the Lord, this I seek: that I may dwell in the House of the Lord all the days of my life, to behold the pleasantness of the Lord, and to visit His Sanctuary.
5. For He will hide me in His tabernacle on a day of adversity; He will conceal me in the hidden places of His tent; He will lift me upon a rock.
6. And then my head will be raised above my enemies around me, and I will offer in His tabernacle sacrifices of jubilation; I will sing and chant to the Lord.
7. Lord, hear my voice as I call; be gracious to me and answer me.
8. In Your behalf my heart says, "Seek My countenance"; Your countenance, Lord, I seek.
9. Do not conceal Your countenance from me; do not cast aside Your servant in wrath. You have been my help; do not abandon me nor forsake me, God of my deliverance.
10. Though my father and mother have forsaken me, the Lord has taken me in.
11. Lord, teach me Your way and lead me in the path of righteousness, because of my watchful enemies.
12. Do not give me over to the will of my oppressors, for there have risen against me false witnesses, and they speak evil.
13. [They would have crushed me] had I not believed that I would see the goodness of the Lord in the land of the living.
14. Hope in the Lord, be strong and let your heart be valiant, and hope in the Lord.
Chapter 28
A prayer for every individual, entreating God to assist him in walking the good path, to prevent him from walking with the wicked doers of evil, and that He repay the wicked for their wickedness and the righteous for their righteousness.
1. By David. I call to You, O Lord; my Strength, do not be deaf to me; for should You be silent to me, I will be like those who descend to the pit.
2. Hear the sound of my pleas when I cry out to You, when I raise my hands toward Your holy Sanctuary.
3. Do not draw me along with the wicked, with evildoers who speak of peace with their companions, though evil is in their heart.
4. Give them according to their deeds, and the evil of their endeavors; give them according to their handiwork, render to them their just desserts.
5. For they pay no heed to the acts of the Lord, nor to the work of His hands; may He destroy them and not rebuild them.
6. Blessed is the Lord, for He has heard the voice of my pleas.
7. The Lord is my strength and my shield; in Him my heart trusted and I was helped; my heart exulted, and with my song I praised Him.
8. The Lord is a strength to them; He is a stronghold of deliverance to His anointed.
9. Grant salvation to Your people and bless Your heritage; tend them and exalt them forever.
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 10, 11 and 12.
Chapter 10
This psalm tells of the wicked one’s prosperity and his boasting of it, until he says: “There is neither law nor judge. God pays no attention to the actions of mere mortals.”
1. Why, O Lord, do You stand afar, do You hide Yourself in times of distress?
2. The wicked man in his arrogance pursues the poor; they are caught by the schemes they have contrived.
3. For the wicked man glories in the desire of his heart, and the robber boasts that he has scorned the Lord.
4. The wicked one in his insolence [thinks], “He does not avenge”; all his thoughts are, “There is no God.”
5. His ways always succeed; Your retribution is far removed from before him; he puffs at all his foes.
6. He says in his heart, “I shall not falter; for all generations no evil will befall me.”
7. His mouth is full of oaths, deceit and malice; mischief and iniquity are under his tongue.
8. He sits in ambush near open cities; in hidden places he murders the innocent; his eyes stealthily watch for the helpless.
9. He lurks in hiding like a lion in his lair; he lurks to seize the poor, then seizes the poor when he draws his net.
10. He crouches and stoops, then the helpless fall prey to his might.
11. He says in his heart, “God has forgotten, He conceals His countenance, He will never see.”
12. Arise, O Lord! O God, lift Your hand! Do not forget the lowly.
13. Why does the wicked man scorn God? Because he says in his heart, “You do not avenge.”
14. Indeed, You do see! For You behold the mischief and vexation. To recompense is in Your power; the helpless place their trust in You; You have [always] helped the orphan.
15. Break the strength of the wicked; then search for the wickedness of the evil one and You will not find it.
16. The Lord reigns for all eternity; the nations have vanished from His land.
17. Lord, You have heard the desire of the humble; direct their hearts, let Your ear listen,
18. to bring justice to the orphan and the downtrodden, so that [the wicked] shall no longer crush the frail of the earth.
Chapter 11
This psalm declares that the suffering of the righteous one is for his own benefit, to cleanse him of his sins; whereas the wicked one is granted prosperity in this world-similar to the verse, "Wealth remains with its owner, to his detriment."
1. For the Conductor, by David. I have placed my trust in the Lord; [thus] how can you say of my soul, your mountain,1 that it flees like a bird?2
2. For behold, the wicked bend the bow, they have readied their arrow upon the bowstring, to shoot in darkness at the upright of heart.
3. They destroyed the foundations; 3 what [wrong] has the righteous man done?
4. The Lord is in His holy Sanctuary, the Lord's throne is in heaven, [yet] His eyes behold, His pupils probe [the deeds of] mankind.
5. The Lord tests the righteous, but He hates the wicked and the lover of violence.
6. He will rain down upon the wicked fiery coals and brimstone; a scorching wind will be their allotted portion.
7. For the Lord is righteous, He loves [the man of] righteous deeds; the upright will behold His countenance.
Chapter 12
This psalm admonishes informers, slanderers, and flatterers.
1. For the Conductor, upon the eight-stringed instrument, a psalm by David.
2. Help us, Lord, for the pious are no more; for the faithful have vanished from among men.
3. Men speak falsehood to one another; with flattering lips, with a duplicitous heart do they speak.
4. May the Lord cut off all flattering lips, the tongue that speaks boastfully-
5. those who have said, "With our tongues we shall prevail, our lips are with us, who is master over us!”
6. Because of the plundering of the poor, because of the moaning of the needy, the Lord says, "Now I will arise!" "I will grant deliverance," He says to him.
7. The words of the Lord are pure words, like silver refined in the finest earthen crucible, purified seven times.
8. May You, O Lord, watch over them; may You forever guard them from this generation,
9. [in which] the wicked walk on every side; when they are exalted it is a disgrace to mankind.
Tanya: Iggeret HaKodesh, middle of Epistle 10• Lessons in Tanya
• Iggeret HaKodesh, middle of Epistle 10
והנה עיקר התשובה הוא בלב
Now the essence of penitence is in the heart,
כי על ידי החרטה מעומקא דלבא, מעורר עומק אור העליון הזה
for through regret from the depth of the heart one arouses the [corresponding] depth (i.e., the ultimate degree) of this Supreme light.
I.e., a man’s earnest penitence calls forth the above-described superior spiritual light which rectifies whatever he had been lacking in his fulfillment of the Torah and its mitzvot.
אך כדי להמשיכו, להאיר בעולמות עליונים ותחתונים
But in order to call forth [this light] so that it will radiate in the higher and lower worlds,
צריך אתערותא דלתתא ממש, בבחינת מעשה
there must be an actual arousal from below in the form of action,
דהיינו, מעשה הצדקה וחסד בלי גבול ומדה
viz., the practice of charity and kindness without limit and measure.
דכמו שהאדם משפיע רב חסד
For just as a man dispenses rav Chesed, an infinite abundance of kindness —
פירוש: ח״ס דלי״ת
[the first two letters of חסד] meaning “he pities” [and the last letter when spelled out meaning, in Aramaic,] “him who has not,”
דהיינו לדל ואביון, דלית ליה מגרמיה כלום
implying [that he dispenses his kindness] to the utterly destitute individual who does not have (deleit lei) anything of his own,
ואינו נותן גבול ומדה לנתינתו והשפעתו
without setting a limit or measure to his giving and diffusion —
כך הקב״ה משפיע אורו וטובו בבחינת חסד עילאה, הנקרא רב חסד
so, too, the Holy One, blessed be He, diffuses His light and benign influence in the spirit of the superior Chesed, known as rav Chesed,
המאיר בבחינת אין סוף, בלי גבול ומדה, תוך העולמות עליונים ותחתונים
that radiates infinitely, without limit or measure, within the upper and lower worlds.
שכולם הם בבחינת דלי״ת אצלו יתברך
For in relation to Him, blessed be He, all are in a state of deleit (“having nothing”),
דלית להון מגרמיהון כלום
inasmuch as they have nothing at all of their own,
וכולא קמיה כלא חשיבי
and all before Him are considered as nothing.
Since all of creation is of no account in the eyes of G‑d, anything received from His hand is not deserved, but a gratuitous gift; as, indeed, is the very fact that mortal endeavors are able to draw down Divine light.
At any rate, boundless tzedakah and kindness draw down the degree of Divine radiance that transcends all worlds.
ועל ידי זה נתקנו כל הפגמים שפגם האדם בעונותיו למעלה, בעולמות עליונים ותחתונים
All the blemishes that a man caused above, in the upper and the lower worlds, through his sins, are thereby rectified.
Thus, the measured performance of tzedakah and Chesed draws downChesed olam, which is a worldlike (hence, a finite) degree of Divine benevolence, while the boundless performance of tzedakah and Chesed draws down rav Chesed, an infinite degree of Divine benevolence.
וזהו שכתוב: עשה צדקה ומשפט, נבחר לה׳ מזבח
לפי שהקרבנות הן בבחינת שיעור ומדה וגבול
because the sacrifices are defined in terms of quantity, dimension and limitation,
מה שאין כן בצדקה, שיוכל לפזר בלי גבול לתקן עונותיו
while charity can be dispensed without limit, for the purpose of rectifying one’s sins.
Although (like the sacrifices) tzedakah also effects atonement, it may be offered (unlike the sacrifices) without limit. It is therefore able to draw down Divine illumination that is correspondingly infinite, and thereby secure a superior order of atonement.
ומה שכתוב: המבזבז אל יבזבז יותר מחומש
As for the ruling that3 “He who is unstinting [in his charitable giving] should not expend more than one fifth [of his earnings],”
היינו דוקא במי שלא חטא
this applies only to one who has not sinned,
או שתקן חטאיו בסיגופים ותעניות
or who has rectified his sins by means of self-mortification and fasts,
כראוי לתקן כל הפגמים למעלה
as indeed all the blemishes Above should be rectified.
Since such an individual need not give tzedakah to rectify his sins, he should not give more than a fifth.
אבל מי שצריך לתקן נפשו עדיין
But as to him who still needs to remedy his soul,
פשיטא דלא גרעה רפואת הנפש מרפואת הגוף
the healing of the soul is obviously no less a priority than the healing of the body,
שאין כסף נחשב
where money does not count.
וכל אשר לאיש יתן בעד נפשו, כתיב
As Scripture states,4 “Whatever a man has he will give on behalf of his soul.”
The simple meaning of the verse is that a person will forego all his wealth in order to save his life. However, since the word “soul” is used rather than “life”, we may also understand this to mean that a person will give everything he has in order to save and rectify his soul.
* * *
| FOOTNOTES | |
| 1. | Mishlei 21:3. |
| 2. |
Note of the Rebbe: “In light of this explanation, what is the relevance here of justice?“
Paradoxically, it could be explained that it is specifically this word that explains why tzedakah is preferred over offerings. For the kind of tzedakah that can be done equally by all — the regular, unqualified commandment of tzedakah which is one of the pillars upon which the world stands — would appear to belong to [the finite category known as] Chesed olam, as stated explicitly above. How, then, can it be found preferable to offerings? The verse therefore specifies that the subject at hand is the kind of tzedakah that is closely accompanied by justice, i.e., the tzedakah whose goal is the just rectification of one’s sins.
“This concept is related to that in Torah Or (p. 63b), but it is not exactly the same. As to the difference in order between ‘tzedakah and justice’ and ‘justice and tzedakah,’ see Avot deRabbi Natan, beginning of ch. 33, and Or HaTorah, Parshat Vayeira, p. 99a.”
|
| 3. | Ketubbot 50a. |
| 4. | Iyov 2:4. |
• Sefer Hamitzvos:
Positive Commandment 208 (Digest)
Honest Measurements
"Honest balance, honest weights, an honest dry measure and an honest liquid measure, you shall have"—Leviticus 19:36.
We are commanded to have precise and "righteous" measuring implements—scales, weights, and measures.
The Midrash says: "Conditional on this I took you out of Egypt—on condition that you accept the mitzvah of [honest] measures. For one who acknowledges the mitzvah of measures, also acknowledges the Exodus from Egypt; and one who rejects the mitzah of measures, also denies the Exodus from Egypt."
The 208th mitzvah is that we are commanded to have accurate weights, scales, and measures, and to insure that they are exact.
The source of this commandment is G‑d's statement1 (exalted be He), "You must have an honest balance, honest weights, an honest eifa, and an honest hin."
In the words of the Sifra: "The phrase 'an honest balance' means that you must insure that the balances are totally accurate. 'Honest weights' means that you must insure that the weights are totally accurate. 'An honest eifa' means that you must insure that all eifas are totally accurate. 'An honest hin' means that you must insure that all hins are totally accurate." You are already aware that an eifa is a dry measure and a hin is a liquid measure.
Although2 the actual type of measure varies, they serve a single function, since what is weighed or measured is just a particular quantity of something. All these categories, i.e. scales, weights, and dry and liquid measures are collectively called middos. So too, the commandment to insure that each corresponds exactly to the commonly accepted amount is called mitzvas middos.
In the words of the Sifra: "On this condition I brought you out of Egypt — on condition that you accept upon yourselves mitzvas middos; because whoever acknowledges mitzvas middos acknowledges the redemption from Egypt and whoever denies mitzvas middos denies the redemption from Egypt."
The details of this mitzvah are explained in the 5th chapter of tractate Bava Basra.3
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 19:36.
2.The Rambam now explains why it counts as just one mitzvah, even though the verse mentions four categories.
3.88a.
__________________________________________________________
Negative Commandment 271 (Digest)
Falsifying Measurements
"You shall do no unrighteousness in judgment; in measure, in weight or in land measure"—Leviticus 19:35.
It is forbidden to be dishonest in the course of surveying land, or measuring or weighing substances. When surveying land, it must be done according to the principles of engineering—not randomly, by "guess-timate," as is so often done.
The 271st prohibition is that we are forbidden to be dishonest in measurement of land, [liquid and dry] measures, or weights.
The source of this prohibition is G‑d's statement,1 "Do not be dishonest in law, measure, weight or volume."
The Oral Tradition explains that the verse means "Do not be dishonest in the law of measures." Our Sages2 said regarding the phrase "Do not be dishonest in law, " "It cannot refer to passing judgment, because that was already stated.3 What, then, is the meaning of the word 'law'? To teach that one who measures is called a judge."
There our Sages also explained that the word "measure" refers to the measurement of land — that the measurement and calculation should be done according to the principles of engineering and methods of exact measurement, and not through inaccurate estimates, as is done by most officials.
The word "weight" includes both the weights and the balances.
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Lev. 19:35.
2.Sifra, ibid.
3.In Lev. 19:15. See N273.
__________________________________________________________
Negative Commandment 272 (Digest)
Maintaining an Unbalanced Measure
"You shall not have in your bag diverse weights, large and small"—Deuteronomy 25:13.
It is forbidden to even harbor in one's possession an unbalanced weight or measuring implement—even if there's no intention to use them. As the Talmud says, "even if it is being used as a commode!"
The 272nd prohibition is that we are forbidden to keep false weights and measures in our home, even if they are not used for business purposes.
The source of this prohibition is G‑d's statement1 (exalted be He), "You may not keep in your pocket two different weights, one large and one small." So too,2 "[You may not keep...] two different measures."
In the words of tractate Bava Basra:3 "A person may not keep a measure which is too small or too large, even as a urinal."
Do not conclude that the two verses "You may not keep ...two different measures" and "You may not keep...two different weights" constitute two mitzvos. This is because the two statements come only to complete the laws covered by this mitzvah; to include both weight and measure. It is as if the verse says, "You may not have two different measures, whether for weight or other measurement." This is similar to what we explained by the positive commandment.4
G‑d's statement, "You may not keep in your pocket two different weights...You may not keep...two different measures" is similar to the verse,5 "Do not take interest from your brother, whether it is interest for money, interest for food, or interest for anything else for which interest is normally taken." The latter is a single prohibition with one law covering many categories.
As we explained in the 9th Introductory Principle, repetition of the phrase "do not..." does not constitute an additional mitzvah if it deals with the same action. We already had another instance of this in the 200th prohibition, "No chametz may be seen in your possession; no s'or may be seen in your possession" [which also counts as only one mitzvah].
Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.
From "Sefer Hamitzvot in English," published by Sichos in English.
FOOTNOTES
1.Deut. 25:13.
2.Ibid., 25:14.
3.89b.
4.P208 above.
5.Deut. 23:20.
________________________________________________________
• 1 Chapter: Yibbum vChalitzah Yibbum vChalitzah - Chapter Four Yibbum vChalitzah - Chapter Four
Halacha 1
What does the mitzvah of chalitzah entail? The yevamah goes to the yavam'splace of residence1 and approaches the judges. They call the yavam and give him advice that is appropriate for him and for her.
Halacha 2
The judges should first establish the place where they will hold session,5 and then she should perform chalitzah there in their presence, as [Deuteronomy 25:7] states: "And his yevamah shall ascend to the gate, [where] the elders [hold court]...."
If [the judges] did not speak about the matter, nor did they establish a place, and [the yevamah] and [the yavam] chanced upon them and performedchalitzah, the chalitzah is acceptable.
Halacha 3
Halacha 4
If the yevamah is familiar [with the phrase] she must recite, we are not fastidious her reading [the above phrase] in one breath. If, however, she is unable [to read], we should train her until she does so [properly].
Halacha 5
Chalitzah must be performed during the day and not at night.8 [The rite] must be performed in the presence of [at least] three individuals9 who know how to read.10
Halacha 6
How is the rite of chalitzah performed? A leather15shoe16 with a heel, that is not sewn with linen threads,17is brought to [the yavam].18 He places it on his right foot and ties its straps around his foot.19
Both [the yavam] and [the yevamah] stand before the court.20 The phrase [Deuteronomy 25:7], Me'ein yevami.... ("My yavam refuses....") is read in Hebrew for the yevamah to repeat. Afterwards, the phrase [ibid.:8], Lo chafatzti lekachtah ("I do not desire to take her") is read for the yavam to repeat.
He then presses his foot to the ground.21 She sits [on the ground],22 extends her hand before the court, loosens the straps of his shoe, removes it,23 and throws it to the ground.24 At the moment she removes the majority of the heel [of the shoe from his foot], she becomes free to marry another man.
Halacha 7
Afterwards, she stands and spits on the earth before his face,25 in a manner that the spittle can be seen by the judges. For the mitzvah of chalitzah requires that both [the yevamah and the yavam] should stand when they recite [the phrases they must say] and when she spits. The judges must see the spittle that emerges from her mouth.26
Afterwards, the phrase Kachah ye'aseh..., "This is what should be done to a man who does not build his brother's household. And his [family] shall be called within Israel 'the household of the one whose shoe was removed' [Deuteronomy 25:9-10] is read for the yevamah to repeat.
Halacha 8
All [the statements mentioned] above should be made in Hebrew. This is derived from the phrase "This is what" [in the above verse, which is interpreted] to mean "with these words."
All those seated27 in attendance recite chalutz hana'al, "the one whose shoe was removed," three times.28
The yevamah must remove his shoe with willful intent, and [the yavam] must have the intent that he performs this rite on her behalf. They must perform these acts with the intent of enabling her to marry other men.29
A blind man30 should not perform chalitzah,31 for [Deuteronomy 25:9] states: "[She] shall spit before his face," and he cannot see her spittle.
Halacha 9
Thus, the order of chalitzah should be as follows: First she recites: "My yavamrefuses to perpetuate his brother's name within Israel. My yavam did not desire [to marry me].
Afterwards, [the yavam] says: "I do not desire to take her." At which point, she removes his shoe and then spits. Afterwards, she recites: "This is what should be done to a man who does not build his brother's household. And his [family] shall be called within Israel 'the household of the one whose shoe was removed.'
Halacha 10
This order is not, however, an absolute requirement. Instead, even though neither [the yevamah], nor [the yavam] recited [the required phrases], she spit and then removed his shoe, or she recited [the phrases] and then spit, thechalitzah is acceptable.
Halacha 11
Why, [in the above instance,] should she not spit [again], [so that all the required activities] will be performed in the proper order? Lest people [mistakenly] think that spitting alone is of no consequence, and [they err and think] that it does not prevent [the yavam's] other brothers [from performingyibbum with the yevamah].32
Halacha 12
[Even if] she merely removed his shoe, did not recite [the required phrases], and did not spit, the chalitzah is acceptable. Needless to say, if she removed his shoe and recited the required phrases, but did not spit, or if she removed his shoe and spat, but did not recite the required phrases, the chalitzah is acceptable.33
Halacha 13
When does the above apply? When [the yevamah and the yavam] are able to speak, for then they are able to recite [the appropriate phrases].34 When, however, [the yevamah] or [the yavam] is dumb, they may not performchalitzah, and if they do perform chalitzah, the chalitzah is not acceptable.35
[Their deeds are, nevertheless, effective to a certain degree.] They are not comparable to a chalitzah performed by [a yevamah] or [a yavam] who was a deaf-mute, in which case their deeds are of no consequence whatsoever,36 for a deaf-mute is not of sufficient mental capacity to take responsibility for his [or her] actions.
Halacha 14
If [the yevamah] only spits, without removing [the yavam's shoe] or reciting [the appropriate phrases], or spits and recites [the appropriate phrases], without removing [the yavam's shoe], it is as if she has performed an unacceptablechalitzah.37
If both [the yevamah and the yavam] recite [the appropriate phrases], but theyevamah does not remove [the yavam's shoe] or spit, they have not accomplished anything.38 [This is implied by the verse:] "This is what should be done to a man" - i.e., a deed removing the shoe or spitting has an effect. The recitation of the verses, by contrast, is not an absolute requirement, nor does it have any effect [on its own].39
Halacha 15
If [the yevamah] removes [the yavam's shoe], spits and recites [the appropriate phrases] while they are sitting, or lying on their sides,40 if the straps of the [yavam's] shoe are tied on his leg below the knee,41 or if she performedchalitzah in the presence of three common people who are not able to read the verses [which the two recite],42 the chalitzah is acceptable. Similarly, if [a yavamwho is] blind43 performs chalitzah, [the chalitzah is acceptable].
Halacha 16
Chalitzah is unacceptable [in the following instances]:
a) a woman performed chalitzah at night,44
b) she performed chalitzah in the presence of two judges or in the presence of three judges, and one of them was a relative or [otherwise] disqualified [from serving in this capacity,45
c) the shoe was tied above his knee,46
d) he untied the shoe and she removed it,47 or she untied the shoe and he removed it,
e) she had the intent of performing [these acts to release herself from her obligation to her yavam] but he did not, or he had the intent of performing [these acts to release her from her obligation to her yavam] but she did not,48
f) or a girl below the age of majority removed the shoe of an adult.49
Similarly, if a woman performs chalitzah in the presence of one judge, or even ifchalitzah is performed at night by [the yevamah and the yavam] while they are alone, the chalitzah is unacceptable.50 When, however, chalitzah is performed by a deaf-mute, a mentally incapable person, or a minor,51 and similarly, when a man performs chalitzah with a woman who is not obligated to performchalitzah or yibbum,52 the chalitzah is of no consequence.
Halacha 17
When a yavam's right leg is cut off, he should not perform chalitzah with his left leg.53 If he performs chalitzah with his left leg, the chalitzah is unacceptable.
If [the yavam] is bowlegged, his foot turns to his side, or he always walks on the tips of his toes, she should not perform chalitzah, for the man performingchalitzah must press his heel to the ground, and such a person is incapable of this. If a person with such a disability in his legs performs chalitzah, thechalitzah is unacceptable.54
Halacha 18
A yevamah whose hands are cut off may perform chalitzah. A priori, [it is acceptable,] even if [she must remove the shoe] with her teeth, for the verse does not say that she will remove it with her hands.
If she removes a shoe made from cloth, she has not performed chalitzah.55 If, however, she removes a shoe that does not have a heel, [a shoe] that was sewn with linen threads, a shoe made from goats' hair, the inner bark of a palm tree, cork or wood, the chalitzah is unacceptable.56
[This same ruling applies if] the shoe is so large that [the yavam] could not walk in it, if it is so small that it does not cover the majority of his foot, it is torn to the extent that it does not cover the majority of his foot, or the sole is opened to the extent that it does not cover the majority of his foot.
Halacha 19
Chalitzah is acceptable,57 however, in the following instances:
a) a sandal was made of wood58 and covered with leather, or its soles were leather, and its sides were made from goats' hair,
b) [the yevamah] removed a left shoe from [the yavam's] right foot,
c) the shoe did not belong to the [the yavam],59
d) it was oversized, but he could still walk while wearing it,
e) it was small, but it covered the majority of his foot,
f) it was torn, but it covered the majority of his foot, or
g) the sole was opened, but it covered the majority of his foot.
Halacha 20
When it is questionable that a sandal is affected by tzara'at, or it has definitely been established that this is the case,60 and a sandal belonging to a false deity - i.e., one placed on the feet of an image61 - should not be used forchalitzah.62If, however, it is used for that purpose, the chalitzah is acceptable, despite the fact that deriving benefit from [the sandal] is forbidden.63
[Different rules apply with regard to a sandal that was made from an animal] offered to a false deity,64 one from an apostate city,65 or one that was made to be worn by a corpse when it is buried. If [such a sandal] is used for chalitzah, the chalitzah is unacceptable. [The rationale is] that such a sandal was not made for a person to wear while walking.
Halacha 21
If [the yevamah] tears the shoe off [the yavam's] foot or burns it, the chalitzah is unacceptable.66 [The same ruling applies if the yavam] is wearing two shoes [on his right foot, one on top of the other,] and the yevamah removes [only] the upper one [in the ordinary manner]. Even if she tears off the lower one so that his foot is revealed, the chalitzah is unacceptable.
Halacha 22
Halacha 23
If [a yevamah] spits blood,69 or if blood is dripping from her mouth, [the spitting] is of no consequence. If she sucks [the wound] and then spits, it is acceptable, for it is impossible that there will be blood that was sucked out without some drops of spittle.70
If she spits, and the wind blows away the spittle before it passed before his face - e.g., she is tall and he is short - [the spitting] is of no consequence. If [the wind blows] the spittle [away] after it passes before his face, but before it lands on the ground, it is acceptable.71
If the judges do not see the spittle emerge from [the yevamah's] mouth,72 it is acceptable.
Halacha 24
Chalitzah performed under mistaken premises is unacceptable.
What is implied? For example, [if the yavam] was told: "Perform chalitzah for her; this is the manner in which you acquire her as a wife," "Perform chalitzahfor her. It is a mitzvah, and you do not lose any rights. If you later desire to perform yibbum, you may,"73 or the like, [the chalitzah] is unacceptable.74
If, however, he was deceived and was told: "Perform chalitzah for her on the condition the she give you 200 zuz" - or "...under any other condition" - thechalitzah is acceptable,75 even though she did not give [him the money] or fulfill the condition.76 [The rationale is that] he had the intent [of releasing her from her obligation] when he performed chalitzah.
Halacha 25
When [a man] issues a protest77 with regard to chalitzah, the chalitzah is not acceptable.78 Therefore, it is proper for the judges to tell [the yavam] to nullify all protests [before he performs chalitzah], as they do with regard to a get.79
[The following rules apply when] Jews compel [a yavam] and beat him until he performs chalitzah:80 If they act according to law,81 the chalitzah is acceptable.82 If they do not act according to law - e.g., they were commoners or they erred [in judgment] - the chalitzah is not acceptable.
If gentiles force [a yavam to perform chalitzah] on their own initiative,83 but the law would require that chalitzah be performed, the chalitzah is unacceptable. If they do not act according to law, the chalitzah is of no substance.
Halacha 26
Whenever we have used the terms, "the chalitzah is of no substance," "his actions are of no consequence," or "nothing has been accomplished," the intent is that it is as if the chalitzah had not been performed at all. He does not become forbidden to her relatives,84 nor is she forbidden to the priesthood, and she is permitted to perform yibbum.
Whenever we have used the term, "the chalitzah is unacceptable,"85 he becomes forbidden to her relatives, and she becomes forbidden to the priesthood. She also becomes forbidden to all the brothers, and she may not perform yibbum. She may not marry another man, however, until she performs an acceptable chalitzah.
Halacha 27
If she transgresses and marries [another man], [the yavam] should perform an acceptable chalitzah with her. She is allowed to remain married to her husband; she is not sent away from him.86
Halacha 28
When a yevamah grows up together with [her deceased husband's] brothers, she is permitted to perform yibbum. We do not suspect that she performedchalitzah with one of them alone and thus became forbidden to them.87
If, however, we see that she removed the shoe of one [of the brothers], she is disqualified [from yibbum], lest she have intended to perform chalitzah.88 An acceptable chalitzah must, however, be performed to enable her to marry another man.
Halacha 29
The document recording the chalitzah that we compose is merely a legal record,89 so that a woman will have at hand proof that she performed chalitzah.
Judges do not preside over chalitzah unless they know the identity [of theyevamah and the yavam]. Therefore, a person who observes chalitzah can write a document recording the chalitzah although he does not know90 that the woman is so and so's daughter, that her deceased husband was so and so, and that the person who performed chalitzah with her was [her husband's] brother. [He can assume] that the judges who presided over the chalitzahclarified these matters and afterwards had the chalitzah performed.
30. This is the formal text of the document recording the chalitzah that is employed at present:
On this day of the week and on this day of the month, in this year from the time of creation, according to the reckoning that is followed in this and this place, we, the judges, of whom several have signed below,91 sat in a session of three in court. So and so, the widow of so and so, the daughter of so and so, approached us, as did a man named so and so, the son of so and so.And this woman told us: "So and so, the son of so and so, [is] the paternal brother of so and so, my husband. [My husband,] to whom I was married, died, leaving life to the Sages and to the entire Jewish people. He did not leave a son or a daughter to inherit him and to perpetuate his name within Israel. So and so, his brother is fit to perform yibbum with me."Rabbis, tell that man: 'If you desire to perform yibbum, do so.' If not, let him place his right foot before me, and I will remove his shoe from his foot and spit before him."We clarified the identity of so and so and that he is the paternal brother of so and so, and we told him: "If you desire to perform yibbum, do so. If not, place your right foot before us, so that she can remove your shoe from your foot and spit before you." He answered us: "I do not desire to perform yibbum."Immediately, we had this woman recite after us:92 "My yavam refuses to raise a name for his brother within Israel. My yavam does not desire [to performyibbum]."And then, we had the man recite after us:93 "I do not desire to take her." He then placed his right foot forward. She removed his shoe from his foot and spit before him, emitting spittle that could be seen by us from her mouth to the ground.We then had her recite after us:94 "This is what should be done to a man who does not build his brother's household. And his [family] shall be called within Israel 'the household of the one whose shoe was removed.' And we the judges, and all those sitting before us, answered after her: "the one whose shoe was removed," "the one whose shoe was removed," "the one whose shoe was removed," three times.When this act was performed before us, we granted license for so and so to marry whomever she desires; no man has the right to raise a protest from this day onward.So and so made a request for a legal record of this chalitzah. [Hence,] we wrote it up, signed it and gave to her as proof according to the faith of Moses and Israel.Signed so and so the son of so and so, a witness;so and so the son of so and so, a witness.95
Halacha 31
The three judges, two of the three judges, or two other individuals who witnessed the chalitzah, but who did not serve as the judges presiding over thechalitzah, may testify concerning the matter, as we have explained.96
Even [the testimony of] a woman, a servant or a minor who is perceptive and understanding is accepted if they say that "This is so and so, the brother of so and so, and this is his yevamah." We may then perform chalitzah on this basis. This does not apply with regard to other forms of testimony required by the Torah - neither testimony required in questions of monetary law nor testimony required with regard to prohibitions.
[The rationale for this distinction is that this is a matter that will likely be revealed, and it is possible to know the truth of the matter without relying on their testimony, as we have explained at the conclusion of Hilchot Gittin.97
If the yavam desires to perform yibbum, he should consecrate her, performyibbum and write her a ketubah, as we have explained.98
The following is the text of the ketubah given to yevamot that is customarily employed at present:
Halacha 32
On this day of the week and on this day of the month, in this year according to the reckoning that is followed in this and this place, [we the undersigned testify] that so and so, the son of so and so, appeared before us and told us: "My paternal brother died, leaving life to the Sages and to all of Israel. He did not leave a son or a daughter to inherit him and to perpetuate his name within Israel. He did, however, leave a woman so and so, the daughter of so and so. According to the Torah, she is fit to perform yibbum with me, as it is written in the Torah scroll of Moses: 'A yavam will engage in relations with her.' This woman consented and performed yibbum with so and so, the son of so and so, her yavam, to perpetuate [her deceased husband's] name within Israel, as it is written: "The first-born that she bears will arise in the name of his brother who is deceased."99
So and so, the yavam, has written [a marriage contract for] two hundred silverzuzim, as befits her, as was written in the marriage contract written to her by her first husband,100 and he adds to this pledge from his own resources this and this amount. This is the dowry with which she entered the household... [continuing as in] the ordinary text of a ketubah.
The text of the ketubah13101
33. On this day of the week..., [we the undersigned testify] that so and so, the son of so and so, told so and so, the daughter of so and so, a virgin bride: "Become my wife according to the faith of Moses and the Jewish people. And I, with the help of God, will work to honor you, sustain you, nourish you, provide for you and clothe you according to the custom of Jewish men who faithfully honor, sustain, nurture, provide for and clothe their wives.
"And as a dowry fit for a virgin, I will give you 200 silver zuzim, which are equivalent to 25 zuzim of [pure] silver,102 which are fit for you according to the Torah,103your sustenance, your clothing and your other needs, and I will give you conjugal rights."104
So and so agreed and became the wife of so and so. He consented and added to the essential requirement of the marriage contract, reaching a total sum of such and such. This is the sum of the value of the dowry that she brought to the household, such and such. The groom received this entire amount. It entered his domain and came under his jurisdiction, and he accepted responsibility for the entire amount as a loan and a debt.
Similarly, the groom has told us, "I accept responsibility for the entire [sum mentioned in] this marriage contract: the essential requirement of the marriage contract, the dowry, the additional amount, and all the stipulations of the marriage contract.105
"[This responsibility I accept upon myself,] my heirs and on all the valuable and desirable property and assets that I own beneath the heavens. [This includes] those that I already own and those that I will acquire and includes landed property and movable property that is acquired via the acquisition of landed property. All of them will be liable and accountable for the entire sum of this marriage contract: the essential requirement of the marriage contract, the dowry and the additions that payment be made from them in my lifetime and after my death, including even the cloak I wear on my shoulders."
We have formalized all that is written and explicitly stated above with a comprehensive kinyan.106 It should not be considered as an asmachta107 or as a sample text for legal documents that is not binding. Instead, it is binding with all the power and rigor of marriage contracts that are customarily accepted among the Jewish people, as ordained by our Rabbis of blessed memory. We signed this marriage contract on the date mentioned above. Everything is clear, forceful and viable.
Halacha 34
If the marriage contract is written for a widow, it should mention [the woman's name as] "so and so, the widow."108 If the marriage contract is written for a divorcee, it should mention [the woman's name as] "so and so, the divorcee."109Similarly, if she had been taken captive [by gentiles], one should write "so and so, who was taken captive," so that a priest will not err [and marry] her.110
[In these instances,] it is written: "And as a dowry, I will give you 100 silverzuzim, which are equivalent to 12 1/2 zuzim of [pure] silver, which are fit for you...."111
Halacha 35
When a legal record of the chalitzah or a ketubah for a yevamah is written, the place where the verses [from the Torah] are written should be ruled with a stylus, for it is forbidden to write three words [from the Torah] without ruling [the surface on which one writes].112
A yevamah who performs chalitzah is permitted to marry on the same day on which she performed chalitzah, for she should not perform chalitzah until 90 days have passed [since her husband's death].113
| FOOTNOTES | |
| 1. |
Sanhedrin 31b derives this from Deuteronomy 25:8: "And the elders of his city shall call him..." - i.e., "his city" and not her city.
|
| 2. |
Our text is based on authoritative manuscripts and early printings of the Mishneh Torah. This version appears appropriate, for the decision to perform yibbum or chalitzah is that of the remaining brother alone.
|
| 3. |
This follows the Rambam's perspective (Chapter 1, Halachah 2) that, in general, it is preferable to perform yibbum rather than chalitzah. Even so, the judges should take counsel and see whether the couple appear appropriate for each other.
|
| 4. |
See Hilchot Issurei Bi'ah 21:26.
|
| 5. |
Darchei Moshe (Even HaEzer 169) states that establishing a place for the chalitzah beforehand serves to publicize the matter.
|
| 6. |
For, as explained in the halachot to follow, both the yavam and the yevamah must recite certain phrases within the chalitzah ceremony.
|
| 7. |
Lo avah yabmi means "My yavam did not desire" [Deuteronomy 25:7]. Improper emphasis could, however, cause the statement to be interpreted as: "No, my yavam desired."
|
| 8. |
For chalitzah is considered as a "judgment," and judgments may not be made at night (Yevamot104a). (See also Halachah 16.)
|
| 9. |
I.e., there is no need for these individuals to be formally ordained as judges. Nevertheless, as the Rambam states in his Commentary on the Mishnah (Yevamot 12:1), and as the Shulchan Aruch(Even HaEzer 169:1) states, at the outset it is proper for three ordained judges to preside over the ceremony.
|
| 10. |
For they must read the phrases for the yavam and the yevamah, as will be stated later in the text. See Halachah 15, which states that this requirement is a factor only a priori.
|
| 11. |
The Ramah (Even HaEzer 169:2) rules that a judge whose father is a native-born Jew and his mother is a convert may serve in this capacity.
|
| 12. |
Deuteronomy 25:10 states: "And his name will be called in Israel...." This phrase implies that only those of Jewish ancestry can serve in this capacity.
|
| 13. |
This serves two purposes. It is of benefit to the woman, for men will become aware that she is eligible to remarry. It also will make known the fact that she is forbidden to a priest (Rashi,Yevamot 101b).
|
| 14. |
Who do not know how to read. For their presence is only for the sake of making the matter known.
|
| 15. |
The entire shoe (according to the Ramah, Even HaEzer 169:15, even its straps must be made of leather).
|
| 16. |
See Yevamot 102a and the Shulchan Aruch (ibid.:16), which discuss whether a sandal or a shoe should be used.
|
| 17. |
There are certain opinions that allow a shoe that is sewn with linen, but both the Shulchan Aruchand the Ramah (ibid. 169:15) follow the Rambam's view.
|
| 18. |
At the outset, the shoe should belong to the yavam. (See the Shulchan Aruch (ibid.:14).
|
| 19. |
The yavam should not be wearing socks, and no mud should be stuck to his feet (Shulchan Aruch, ibid.:26).
|
| 20. |
The Sifre derives this concept from Deuteronomy 25:8, which states: "And he shall stand and say." After the fact, however, if the chalitzah was performed while the yavam and the yevamahwere seated, it is acceptable (Ramah, ibid. 169:12).
|
| 21. |
The Tur states in the name of Rabbenu Yitzchak Alfasi that if the yavam does not press his foot to the ground, the chalitzah is not acceptable. The Shulchan Aruch (ibid.:32) quotes this as a minority opinion.
|
| 22. |
The Shulchan Aruch (ibid.:30) differs and follows the opinion of the Tur, who states that thechalitzah should be performed while the woman is standing and bends to untie and remove theyavam's shoe.
|
| 23. |
The Shulchan Aruch (ibid.) states that the yevamah should untie and remove the shoe with her right hand alone. The Ramah states, however, that, after the fact, the chalitzah is acceptable if she uses her left hand.
|
| 24. |
The Tur and others question the rationale for this act. Significantly, the commentaries cite the Rambam's source as the Zohar, Volume III, page 180a, which states that the removal of the shoe signifies the cutting of the woman's connection with her deceased husband.
|
| 25. |
Although the literal meaning of Deuteronomy 25:9 is "she spits in his face," Yevamot 106b explains that in a halachic context, the phrase should be interpreted as above.
|
| 26. |
For Deuteronomy, ibid., states that she must spit "before the eyes of the elders."
|
| 27. |
The Mishnah (Yevamot 12:6) and the Shulchan Aruch (Even HaEzer 169:42) mention "those standing there."
|
| 28. |
We find a threefold repetition of a phrase employed by the Sages as a means of publicizing the matter. See Hilchot Temidim UMusafim 7:11.
The Halachot Gedolot interprets the threefold repetition as a reprimand. It is as if God told him: "Wicked man! With your body, you could have performed a mitzvah, and you refused.... The judges will proclaim: 'The one whose shoe was removed' like a mourner. 'The one whose shoe was removed' like one placed under a ban of ostracism. 'The one whose shoe was removed' like a person who rebels against [God's] commandments."
|
| 29. |
Our translation of lishmah is based on the Shulchan Aruch (Even HaEzer 169:44).
|
| 30. |
I.e., one who is blind in both eyes (Hagahot Maimoniot, Ramah, loc. cit.:48).
|
| 31. |
As reflected by Halachah 15, this is just an a priori ruling. After the fact, the chalitzah is acceptable.
The Ra'avad states that this law applies only when there is another brother who can performchalitzah. If there is not another brother, the blind man should perform this ritual on the woman's behalf. Although the Maggid Mishneh contests the Ra'avad's decision, the Beit Shmuel 169:48 upholds it.
|
| 32. |
See Halachah 14.
|
| 33. |
Rabbi Eliezer maintains that the phrase (Deuteronomy 25:9), kachah ye'aseh, "this is what should be done," implies that all the deeds and the order required by the Torah is imperative for the chalitzah to be effected. The final opinion of Rabbi Akiva does not, however, accept this view (Yevamot 104b).
|
| 34. |
This reflects a Talmudic principle frequently applied and stated explicitly with regard to the meal offering brought in the Temple. These offerings consist of flour and oil. The flour and the oil should be mixed together. Nevertheless, as long as the quantity of flour is not too large to be mixed with the oil, the offering is acceptable, even when in actual fact the two were not mixed together (Rashi, Yevamot 104b).
|
| 35. |
The difference between a chalitzah that is pasul, "not acceptable," and a chalitzah that is not significant at all is discussed in Halachah 26.
|
| 36. |
As mentioned in the Maggid Mishneh, the Rambam's view is dependent on the Tosefta, while on the surface, the Mishnah (Yevamot 104b) appears to accept the position that a chalitzahperformed by a deaf-mute is unacceptable, but not of no consequence. The Maggid Mishnehattempts to justify the Rambam's ruling, but notes that the Ramban and the Rashba follow the latter view. [Significantly, in his Commentary on the Mishnah (Yevamot 12:4), the Rambam also appears to favor the latter view, and his decision in the Mishneh Torah represents a reversal of his thinking.] The Shulchan Aruch (Even HaEzer 169:44) mentions both views without appearing to favor either one.
|
| 37. |
As mentioned in Halachah 26, the chalitzah does not permit the yevamah to remarry, but prevents her from performing yibbum.
There is a difference of opinion among the commentaries whether the effectiveness of spitting is a Scriptural law or a Rabbinic institution. The Maggid Mishneh states that it appears that the Rambam is deriving the concept from the exegesis of a verse, but this is not accepted by all authorities.
|
| 38. |
Yibbum is permitted, and she is not disqualified from marrying into the priesthood.
|
| 39. |
Yevamot 105a distinguishes between spitting and the recitation of the verses as follows: Spitting should be carried out after the removal of the yavam's shoe. Therefore, if it is performed before the removal of the shoe, it is considered a distinct act. The recitation of the verses, by contrast, should be performed before the removal of the shoe. An observer will thus realize that the fundamental aspect of the ceremony is still to be performed.
|
| 40. |
Instead of the two standing when she spits and they recite the verses, and the yavam'sstanding, as mentioned in Halachot 6 and 7.
|
| 41. |
And not on his foot itself, as mentioned in Halachah 6.
|
| 42. |
Instead of judges who know how to read, as stated in Halachah 5.
|
| 43. |
Although at the outset, a blind person should not perform this act as stated in Halachah 8.
|
| 44. |
See Halachah 5.
|
| 45. |
Since chalitzah is considered a judgment, three acceptable judges must preside over the ceremony.
|
| 46. |
Deuteronomy 25:9 states: "She shall remove his shoe from his foot." If the shoe is tied above the knee, it is not considered to have been removed from his foot.
|
| 47. |
The entire act of removing the shoe must be performed by the woman. The Ramah (Even HaEzer 169:33) quotes Rabbenu Asher, who rules that if the man could walk wearing the shoe while it is untied, the chalitzah is acceptable even if the man untied the shoe and the woman removed it.
|
| 48. |
As stated in Halachah 8, the ceremony must be performed with this intent in mind.
|
| 49. |
Since the girl is not past the age of majority, her deed is not totally effective. Nevertheless, since she can be be married at this age, her deed has a minimal effect, and she can no longer performyibbum.
|
| 50. |
The Rambam's intent is that the chalitzah is unacceptable, but it at least has the effect of preventing the woman from performing yibbum in the future, as opposed to a chalitzah that is of no consequence, as explained in Halachah 26.
|
| 51. |
These individuals are all considered mentally incompetent, and their deeds are not considered of consequence with regard to Torah law. As mentioned above, there are opinions that maintain that chalitzah performed by a deaf-mute is unacceptable, but not of no consequence whatsoever.
|
| 52. |
E.g., a yevamah who is pregnant.
|
| 53. |
The commentaries explain that the Rambam's opinion is that such a man should not performchalitzah at all. Other commentaries maintain that if the stump of the yavam's leg can be placed in a shoe and that shoe tied beneath his knee, the chalitzah is acceptable. Although the Rambam accepts, after the fact, chalitzah performed when the straps of the shoe are tied below theyavam's knee, that is only because it is theoretically possible to have tied them on his foot. When it is impossible to tie the shoe on to his foot, as in the instance at hand, the chalitzah should not be performed (Maggid Mishneh).
The Shulchan Aruch (Even HaEzer 169:35) mentions both opinions, but appears to favor the Rambam's view. The Beit Yosef states that according to the Rambam, such a chalitzah is of no consequence at all. The Beit Shmuel 169:33 states that since there are authorities who maintain that such a chalitzah is acceptable, the later authorities agree that a woman may not performyibbum after such a chalitzah.
|
| 54. |
After the fact, if a yavam does not press his heel to the ground in an ordinary instance, thechalitzah is, nevertheless, acceptable. The distinction between an ordinary chalitzah and the case at hand is that ordinarily, it is possible for the yavam to press his heel to the ground, and therefore the fact that he does not actually do so is not significant. In this instance, the yavam is incapable of doing so. Hence, the chalitzah is unacceptable.
Although the Ra'avad and others differ with the Rambam on this issue, the Shulchan Aruch(Even HaEzer 169:34) accepts the Rambam's view.
|
| 55. |
A cloth shoe does not protect the foot at all; therefore, it is not considered a shoe (Yevamot103a). This ruling is also applied in other contexts - e.g., on Yom Kippur, when we are forbidden to wear shoes, it is permitted to wear a cloth shoe (Hilchot Sh'vitat Asor 3:7).
The Rashba and others maintain that there is no difference between a cloth slipper and a shoe made from the other substances mentioned. This is the view quoted by the Shulchan Aruch(Even HaEzer 169:22).
|
| 56. |
These substances offer some protection, and so the chalitzah is of some consequence. Nevertheless, when the Torah uses the word נעל, the intent is always a leather shoe.
|
| 57. |
This applies after the fact. A priori, none of these situations is acceptable.
|
| 58. |
The same rules apply with regard to a shoe made from any of the other substances mentioned in the previous halachah and covered with leather (Maggid Mishneh).
|
| 59. |
In the present age, when the Rabbinic court owns a special chalitzah shoe, it is customary to give it to the yavam as a present before the ceremony.
|
| 60. |
See Hilchot Tum'at Tzara'at, Chapter 12, which describes the process in which a garment or shoe affected by tzara'at is judged by a priest. There are two stages to this process: one in which the article is "quarantined" for a period of a week to determine whether it has actually been affected, and a second stage during which the priest declares that the article is affected and must be burned.
|
| 61. |
Rashi (Yevamot 103b) interprets this as a leather covering placed on the feet of an idol to prevent damage when it is transported from place to place. Thus, the sandal is placed in the category of "an accessory to a false deity."
|
| 62. |
For it is abhorrent to use an article associated with impurity or false deities for the purpose of a mitzvah (Yevamot 103b).
|
| 63. |
The rationale is that the performance of mitzvot is not considered to be a personal benefit (ibid.).
|
| 64. |
Our translation is based on the gloss of the Maggid Mishneh. The Maggid Mishneh continues, stating that if a sandal itself is offered to a false deity, it does not become forbidden. See Beit Shmuel 169:23.
The difference between this and the previous instance can be explained as follows: It is possible to nullify the connection between "an accessory to a false deity" and the worship of the false deity. (See Hilchot Avodat Kochavim 8:8-9.) As such, there is a possibility that such a sandal will not have to be destroyed. An object offered to a false deity, including the hide from which a sandal was made, can never be separated from its association with the false deity (ibid.). As such, it is condemned to be destroyed, forbidden for eternity and considered as if it did not exist. Hence, it is not considered as if the yevamah removed a significant entity from the yavam's foot.
|
| 65. |
See Hilchot Avodat Kochavim, Chapter 4, which describes the laws governing such a city. All the property in the city is condemned to be burned, and thus it cannot be used for chalitzah, for the reasons described above.
|
| 66. |
Yevamot 102a questions whether the Torah's intent is that the yevamah must bare the yavam'sfoot, in which instance these examples would be acceptable, or she must remove his shoe in the ordinary manner, in which instance they would not be acceptable. Since the question remains unresolved, the Rambam rules stringently.
|
| 67. |
Our translation is based on the Aruch. It is possible that it is not precise according to the Rambam's view. The intent, however, is definitely a sharp pungent herb.
|
| 68. |
The intent is that she must spit again in order for the chalitzah to be performed as required. Even if she does not spit at all, the chalitzah is acceptable after the fact, as stated in Halachah 12 (Maggid Mishneh).
|
| 69. |
Rabbenu Asher differs and maintains that a yevamah who spits blood need not spit again, even if she does not suck her wound. His view is accepted by the Shulchan Aruch (Even HaEzer169:40).
|
| 70. |
The fact that spittle is mixed with blood or another substance does not disqualify it.
|
| 71. |
The intent is that the spittle must pass in front of or below the yavam's face. If the yevamah was taller than the yavam and the wind moved her spittle away before it passed before his face, the spitting is not acceptable.
|
| 72. |
Although a priori the judges must see the spittle, as stated in Halachah 7, after the fact their failure to do so does not render the spitting unacceptable.
In Yevamot 106b, a phrase "before the eyes of the elders" (Deuteronomy 25:9) is cited as a support for this requirement. Nevertheless, the Rabbis explain that the requirement is Rabbinic and not Scriptural in origin, and the verse is merely an asmachta. See the Beit Shmuel 169:39.
|
| 73. |
Note the Maggid Mishneh, which mentions that there is a dispute among the Rabbis about this issue. The rationale for the position that the chalitzah is acceptable is that in this instance, theyavam did intend to free the yevamah from her obligation to him. (See also Shulchan Aruch,Even HaEzer 169:52.)
|
| 74. |
For as mentioned in Halachah 8, the chalitzah must be performed with the intent of releasing the woman from her obligation.
The chalitzah is, however, effective, in that it prevents the man (or his brothers) from ever performing yibbum with this woman. Therefore, the man is compelled by the court to perform an acceptable chalitzah, for from this point on he has nothing to lose, and through his act he can enable the woman to remarry (Rashba, as quoted by Maggid Mishneh; Shulchan Aruch, loc. cit.169:51).
|
| 75. |
This applies even if the condition is stated in a manner that meets the requirements of conditional statements (Shulchan Aruch, loc. cit.:50).
|
| 76. |
If such a condition is made, the woman is, however, rightfully obligated to pay the amount she agreed to pay, unless she has a reason for which she considers the yavam as unfit to marry her that the court would accept [Shulchan Aruch (ibid.)].
|
| 77. |
Based on Hilchot Gerushin 6:19, it would appear that the intent is that he tells two witnesses that he does not want to perform the chalitzah, the chalitzah should be nullified, because he is being compelled to perform it.
|
| 78. |
Yevamot 106a establishes an equivalence between divorce and chalitzah with regard to these laws. On this basis, the Rivash (Responsum 482, quoted by the Kessef Mishneh in the gloss on Halachah 16) raises a difficulty, noting that when a husband issues a protest regarding a get, theget is nullified entirely. With regard to chalitzah, however, the Rambam rules that it is merely unacceptable.
The Rivash offers a resolution, explaining that when a protest is issued with regard to a get, theget itself becomes nullified, and therefore the divorce is of no consequence at all. With regard tochalitzah, however, the yavam did perform all the required acts. His protest is accepted to the extent that it is considered that he performed these acts without intending to release the woman from her obligation. This, however, merely causes a chalitzah to be unacceptable, as stated in Halachah 16. It does not nullify it entirely.
|
| 79. |
See Hilchot Gerushin 6:20.
|
| 80. |
The equivalence established by Yevamot 106a applies in this context as well. The Rambam discusses the laws governing a get given under compulsion in Hilchot Gerushin 2:20.
|
| 81. |
This refers to a situation analogous to those described in Chapter 2, Halachah 14, or Chapter 6, Halachah 4, in which the person should be compelled to perform chalitzah.
The Ramah (Even HaEzer 169:13) states that even according to the Ashkenazic authorities who maintain that the mitzvah of chalitzah takes precedence, a yavam may be compelled to performchalitzah only for these reasons.
|
| 82. |
For, as stated in Hilchot Gerushin, the person's actions are consider to be performed voluntarily, because:
|
| 83. |
I.e., as opposed to acting as agents for a Jewish court.
|
| 84. |
See Chapter 1, Halachah 13.
|
| 85. |
As mentioned above, there is a difference of opinion among the Rabbis if the Rambam's intent is that these acts of chalitzah are acceptable according to Scriptural law or not.
|
| 86. |
The Maggid Mishneh states that the woman should, however, be forced to separate from her second husband until she performs an acceptable chalitzah. The Shulchan Aruch (Even HaEzer169:55) follows this ruling.
|
| 87. |
As stated in Halachah 16.
|
| 88. |
The Kessef Mishneh states that the Rambam's ruling alludes to the following law: If neither theyevamah nor the yavam has the intent to perform chalitzah, the fact that she removes his shoe is of no consequence, and she is permitted to perform yibbum. Note the discussion of this subject in Sefer HaKovetz.
|
| 89. |
This distinguishes it from a bill of divorce (a get), which is actually necessary to effect the divorce. For that reason (as implied by Hilchot Gerushin 11:9), it need not be written for the sake of the man and the woman, nor is it bound by the other details that apply to a get.
Note, however, the Shulchan Aruch (Even HaEzer 169:56), which states that the paper on which the document is written must be ruled with a stylus (i.e., sirtut is required), because it contains Biblical verses.
|
| 90. |
The Rambam is emphasizing that we do not suspect that perhaps the court erred and presided over a chalitzah without knowing the identity of the parties involved.
|
| 91. |
For as stated in Halachah 5, at the outset five judges are necessary. Nevertheless, it is the presence of three that is considered significant.
|
| 92. |
Using the Hebrew words of the verse.
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| 93. |
Using the Hebrew words of the verse.
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| 94. |
Using the Hebrew words of the verse.
|
| 95. |
We have included these lines based on the standard printed texts of the Mishneh Torah, although it is highly likely that they are a printer's addition. They are not found in most early manuscripts and printings. Moreover, it is likely that they are a later printer's addition because the Rambam does not mention witnesses signing this document, but rather only the judges who presided over the chalitzah.
|
| 96. |
See Halachah 29.
|
| 97. |
The Rambam concludes Hilchot Gerushin by stating:
As interpreted by the Noda BiY'hudah (Even HaEzer, Volume I, Responsa 27 and 33), the Rambam's statement implies that since the matter will ultimately become public knowledge, no formal testimony is required, and the statements of an individual who witnessed the matter himself are sufficient to be accepted.
|
| 98. |
See Chapter 2, Halachah 2; Hilchot Ishut 22:14.
|
| 99. |
It appears in this context that the Rambam is referring to the literal meaning of the verse and not the halachic meaning, as stated in Chapter 2, Halachah 6.
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| 100. |
This refers to an instance where the woman was a virgin when she married her first husband. Since she did not collect her due from her first husband, she is still entitled to a marriage contract of two hundred zuz. Otherwise, she would be granted only one hundred zuz, as is granted to other widows.
|
| 101. |
Although there is some rationale for the placement of the text of the ketubah here, because the Rambam refers to it in the previous halachah, the commentaries question why he did not include it in Hilchot Ishut, where the laws of ketubot are discussed in detail.
The version of the ketubah cited by the Rambam is employed with minor variations by the Sephardic community today. In the Ashkenazic community, the variations are greater, but the basis of the document remains the same.
|
| 102. |
For the coins of the Talmudic era were one part silver and seven parts base metal (Hilchot Ishut10:8).
|
| 103. |
Based on Hilchot Ishut (ibid.), this phrase appears to be a printer's addition, for the Rambam considers the commitment to this sum to be a Rabbinic ordinance. It is lacking in many authoritative printings and manuscripts of the Mishneh Torah. According to Ashkenazic custom, the phrase should be included in the ketubah.
|
| 104. |
This conveys a man's pledge to give his wife sha'arah (her sustenance), kesutah (her clothing) and onatah (her conjugal rights). These constitute a man's fundamental obligations in marriage, as stated in Exodus 21:10. (See also Sefer HaMitzvot, Negative Commandment 262; Hilchot Ishut 12:2.)
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| 105. |
I.e., to provide his wife with her provisions and clothing.
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| 106. |
I.e., a kinyan sudar, the exchange of a handkerchief that serves to formalize the acquisition of property, or the establishment of a binding contractual agreement.
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| 107. |
An agreement made facetiously, without the desire to keep it.
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| 108. |
The essential requirement of the marriage contract of a widow is only one hundred zuzim. In order to explain this reduction, the marriage contract mentions her status.
|
| 109. |
This is necessary for the reasons mentioned previously and also to identify the woman as being forbidden to the priesthood. Even if this husband leaves her a widow, she may not marry a priest, because of her previous divorce.
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| 110. |
Such a woman is forbidden to the priesthood, as stated in Hilchot Issurei Bi'ah 18:17.
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| 111. |
If a woman had engaged in sexual relations previously outside the context of marriage, she should also be given a ketubah of this amount according to many authorities. Others maintain that she should be given the amount usually given to a virgin bride, so that she will not be publicly embarrassed. Others differentiate between a woman who had relations only with her prospective husband (in which case, the second ruling is followed) and one who had relations with others (in which case the first ruling is followed).
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| 112. |
The commentaries note the apparent contradiction between the Rambam's ruling here [which is also reflected in his Commentary on the Mishnah (Sotah 2:4)], and his ruling in Hilchot Sefer Torah 7:16, where he states that one may write three words, but not four, without ruling the writing surface. The Maggid Mishneh notes that both of these opinions have their source inMegillah 7b. He and other commentaries discuss this issue in Hilchot Sefer Torah.
The contradiction was brought to the attention of the Rambam's grandson, Rabbi Yehoshua, who states that the ruling in Hilchot Sefer Torah should be followed, since there the subject is given full focus, while in Hilchot Yibbum the matter is mentioned tangentially. Significantly, however, theShulchan Aruch (Yoreh De'ah 284:2) differs and follows the more stringent view.
|
| 113. |
See Chapter 1, Halachah 19.
|
Genevah - Chapter Four
Halacha 1
When a watchman claims that an entrusted article was stolen from his home and takes an oath to this effect, and afterwards, witnesses come and testify that he made a false claim and that he is still in possession of the entrusted article, the watchman is required to pay twice the worth of the stolen article. For the watchman is himself a thief.
If he slaughtered or sold a stolen animal after he took the false oath, he must pay four or five times its worth. He is not required to bring a guilt offering for taking a false oath that was discredited by witnesses. Nor is he required to add a fifth of the value of the stolen article. For a fifth is never paid when a double payment is paid. If witnesses come before he takes an oath, he is required to pay only the principal.
Halacha 2
When does the above apply? When he took an oath before he misappropriated the entrusted article. If, however, he misappropriated the entrusted article, claimed that it had been stolen, and took an oath to that effect, and then witnesses came and discredited his oath, he is not liable for the double payment. As soon as he misappropriated the article, he became liable for it and acquired responsibility for it.
Halacha 3
Similarly, if the watchman claimed that the entrusted article was lost and took an oath to that effect, and then claimed it was stolen and took an oath to that effect, and then witnesses came and testified that it was in his possession, the watchman is not liable for the double payment. For at the time he took the first false oath, the entrusted article was no longer considered the property of the original owner.
Halacha 4
When a person who discovered a lost article claims that it was stolen and takes an oath to that effect, and afterwards, witnesses come and testify that the lost article was in his possession and that he made a false claim, he is required to pay twice the article's worth. This is implied by Exodus 22:8, which states that a double payment must be made for "any lost article."
The above applies when he claims that it was stolen by an armed thief, in which instance he would not be held liable. If, however, he claims that it was stolen in a manner that is not beyond his control, he is not liable for the double payment. For he would have been liable to pay for the lost article because of his claim, since a person caring for a lost article that he discovered is considered to be a paid watchman, as will be explained.
Halacha 5
When a watchman claims that an entrusted article was stolen and takes an oath to that effect, and then witnesses come and testify that the entrusted article is in his possession, and then he again claims that it was stolen and takes an oath to that effect, and then witnesses again come and testify that the entrusted article is still in his possession - even if this sequence repeats itself 100 times - he is liable for a double payment for every claim.
Thus, if he took five false oaths, he is liable to pay six times the value of the entrusted article, the principal that was entrusted to him and five times its value, because of the five double payments that result from the five false oaths.
Halacha 6
The following rules apply when a watchman claims that an entrusted article was stolen and takes an oath to that effect, and then claims that the entrusted article was lost - and then witnesses come and testify that the article was not stolen, and the watchman admits that it was not lost. Since he must pay twice the value of the entrusted article because of the witnesses, he need not pay an additional fifth as a surcharge because of the other oath, although he admitted it to be false. The rationale is that since this involves the same principal for which he is required to make the double payment, he is not liable for the additional fifth.
Halacha 7
The following rules apply if a person entrusted his ox to two people, they claimed that it was stolen and took an oath to that effect, and afterwards one of them admitted that the oath was false, and then witnesses came and testified that the other one lied. They both must pay the principal. If the owner of the entrusted object seizes property belonging to the partner whose oath was refuted in lieu of the double payment for his share of the stolen article, it shall not be expropriated from him. The one who admitted taking the false oath must pay an additional fifth for his share of the stolen article, as must all who voluntarily admit taking false oaths regarding entrusted objects.
Halacha 8
These rules apply with regard to the obligations of a watchman and a thief in the following situations. The owner of an entrusted object demanded its return from an unpaid watchman. The watchman took an oath that the article was stolen.
Afterwards, the thief was discovered. The watchman filed a claim against the thief, who admitted stealing the entrusted article. Afterwards, the owner of the entrusted article filed a claim against the thief, and he denied stealing the entrusted article. Witnesses then came and testified that the thief stole the article.
If the watchman took a true oath when he claimed that the article was stolen, he is considered the agent of the owners, and the thief is freed from the responsibility for the double payment, because he admitted the theft to the watchman.
If the watchman took a false oath the question is unresolved. Therefore, the thief is not compelled to pay twice the value of the stolen article. If, however, the owner seizes property belonging to the thief in lieu of the double payment, it shall not be expropriated from him.
The owner demanded the return of the entrusted article from the watchman and he paid for the article, and then the thief was discovered. In such a case, the watchman acquires the right to the article and to the double payment. The owner filed a claim against the thief, who admitted stealing the entrusted article. Afterwards, the watchman filed a claim against the thief, and he denied stealing the entrusted article. Witnesses then came and testified that the thief stole the article.
The thief is not compelled to pay twice the value of the stolen article. If, however, the watchman seizes property belonging to the thief in lieu of the double payment, it shall not be expropriated from him.
Similar laws apply with regard to the payment of four or five times the value of a stolen sheep or cow if the thief sold or slaughtered it.
Halacha 9
When a watchman claims that an article entrusted to him by a minor was stolen and takes an oath to that effect, and afterwards witnesses come and testify that the entrusted article is still in his possession, he is not liable. This applies even if the owner entrusted the article to the watchman when the owner was a minor and demanded its return after he attained majority.
This is derived from Exodus 22:6, which states: "When a man will give his colleague... articles to watch...." A child's entrusting of an article is of no consequence. Instead, he must be past majority both when he entrusts the article and when he demands its return.
Halacha 10
When a watchman steals an article entrusted to him from his own domain - e.g., he stole a lamb from a flock entrusted to him or a sela from a wallet entrusted to him - if witnesses testify regarding the theft, he is liable for twice the amount of the article.
The above applies even if he returned the sela to its place, and the lamb to the herd. For he remains responsible for them until he notifies the owner, since with his theft of the article his responsibility as a watchman is concluded. Thus, it is as if he had not returned anything until he notifies the owner.
Slightly different rules apply if a person steals a sela from a wallet belonging to a colleague, or a utensil from his home and then returns the utensil or the selato its place. If the owner knew of the theft, but did not know of its return, the thief is still responsible for the article until his colleague counts his money.
Halacha 11
When the owner counts his wallet and discovers the full amount, the thief is no longer liable. Moreover, if the owner did not know that the article was either taken or returned, it is not even necessary for the owner to count his money. As soon as the thief returned the money to its place, he is no longer responsible for it.
Halacha 12
When does the above apply? With regard to an article that is not alive. When, however, a thief steals a lamb from a colleague's herd, the owner discovers the theft, the thief then returns it to the herd without informing the owner, and afterwards, the lamb dies or is stolen, the first thief is still liable. If, however, the owner counted his sheep, and the herd was complete,the thief is no longer liable.
If the owner did not know that the lamb was stolen or returned, the thief is liable until he informs the owner, so that he will pay more attention to the stolen lamb. This is necessary, because the thief taught it a way other than that followed by the other sheep in this herd.
Genevah - Chapter Five
Halacha 1
It is forbidden to buy a stolen article from a thief. This is a severe sin, for it reinforces a transgressor and motivates him to steal in the future. For if he did not find a person who would purchase a stolen article from him, he would not steal. With reference to this, Proverbs 29:24 states: "A person who shares profits with a thief hates his own soul."
Halacha 2
When a thief steals and sells the stolen article before the owner despairs of its return, the thief is discovered, and witnesses come and testify that so and so stole this particular article in their presence, the stolen article shall be returned to its owner. The owner must reimburse the purchaser for the money that he paid the thief. This measure was ordained to enable uninhibited trade in the marketplace. The owner then sues the thief for the money he paid.
If the thief's reputation was known, our Sages did not ordain any leniency. The owner is not required to pay the purchaser anything, and instead, the purchaser must sue the thief and collect the money he paid from him.
Halacha 3
Different laws apply when the owner despairs of the article's return, regardless of whether he despairs before the thief sold the article or afterwards. The purchaser acquires the article because of the owner's despair and the transfer from one domain to another. He is not required to return the article itself; instead, he must reimburse the owner if he purchased the article from a thief whose reputation was well known.
If the thief was not known to steal, the purchaser is neither required to give the owner the article, nor to reimburse him. This was ordained to enable uninhibited trade in the marketplace.
Halacha 4
The following rule applies when the purchaser sues the original owner for the return of the money he spent. If there are no witnesses who can testify regarding the price, the trader must take an oath while holding a sacred article, stating the price he paid. He then collects this sum from the original owner.
Whenever a person takes an oath before he collects, the oath is a Rabbinical ordinance. He must take the oath while holding a sacred article, as will be explained in the appropriate place.
Halacha 5
If, when the purchaser sues the thief for the return of his money, the thief claims that he received a lesser sum, the trader must take an oath while holding a sacred article. He may then collect this sum from the thief. He is required to take the oath because the thief is not given the option of taking the oath, since we suspect that he will take a false oath].
Halacha 6
If a thief stole and gave the stolen article as payment for a loan or as payment for a debt owed a merchant, our Sages did not ordain any leniency to encourage trading. Instead, the owner of the article shall take his article back from the thief's creditor without paying him, and the thief remains responsible for the debt as before.
When the stolen article was given as surety for a loan, regardless of whether the loan was given for more or less than the worth of the article, the original owner shall pay the person holding the surety and then sue the thief for the money, unless the reputation of the thief was public knowledge, as explained above.
Halacha 7
When a person purchased a stolen article from a thief whose reputation is not public knowledge, he is entitled to collect the amount he paid from the original owner. Only then must he return the stolen article.
This applies regardless of whether he paid 100 zuz for an article worth 200, or 200 zuz for an article worth 100. Our Sages ordained this rule to allow for uninhibited trade, as explained above.
Halacha 8
The original owner is not required to reimburse the recipient of the stolen article in the following situation. A person was owed 100 zuz by a thief. The thief stole an article and gave it to his creditor, who gave the thief another 100 zuz. The stolen article must be returned to its original owner, and we tell the creditor: "Demand payment for 200 zuz from the thief. For you did not give him the second hundred only because of the article that he gave you. Just as you trusted him with regard to the first hundred, so too, you trusted him with regard to the second."
Halacha 9
Torah law does not allow profit to be made from the sale of a stolen article. For example, if a person purchased a stolen article from a thief whose reputation was not public knowledge, for 100 zuz and sold it to a colleague for 120, and afterwards the thief was apprehended, the original owner must pay the second purchaser 120 zuz. He then may take his article. Afterwards, he shall be reimbursed for 20 zuz by the seller and then collect 100 zuz from the thief.
If the reputation of the thief was public knowledge, the original owner shall pay the second purchaser 120 zuz and collect that amount from the trader who purchased the article from the thief. The trader shall then collect the principal, 100 zuz, from the thief.
The same principles apply if the second purchaser sold the stolen article to a third, or the third to a fourth. Even if the stolen article changed hands one hundred times. The final purchaser is reimbursed completely by the owner, who takes the profit from each of the middle men and collects the principal from the thief. All of this applies before the owner despaired of the return of the stolen article, as we have explained.
Halacha 10
The following rules apply when there is a report that goods belonging to a person who was not known to sell his personal property were stolen, and that person recognizes his utensils and books in the possession of another person. They also apply when the person would frequently sell his personal property, but the utensils he recognized as his own were utensils that are made to lend or to rent out.
If witnesses come and testify that these utensils belong to the said individual, the person in possession of the utensils shall take an oath, stating the price he paid for the utensils, and collect this sum from the the owner and then return them to him.
Halacha 11
Different rules apply if the owner of the house would frequently sell his personal property, and the objects in question were not utensils that are made to lend or to rent out. In such an instance, even if there is a report that his property was stolen, the original owner is not entitled to claim it back from the purchasers, for it is possible that he sold it to others.
The house-owner's word is, however, accepted in the following situation. People came and lodged in his home. At night, he arose and called out: "My utensils and my scrolls have been stolen." His neighbors found a tunnel dug from his home and saw the people who lodged in his home leaving, carrying bundles of utensils on their shoulders. The thieves were not apprehended, but afterwards, the house-owner claimed to have discovered the stolen articles in the possession of another person, and everyone agreed, saying: "These are the house-owner's utensils and scrolls."
Under such circumstances, the house-owner's claim is accepted. The person in possession of the articles shall take an oath, stating the price he paid for the articles, and collect this sum from the house-owner and then return them to him.
Halacha 12
If a person whose reputation as a thief is public knowledge entered a person's house, and witnesses testify that he left with utensils hidden under his cloak, his word is not accepted even though the house-owner was present. Although the thief claims to have purchased the articles, since the house-owner claims that they were stolen, the house-owner's claim is accepted, provided he was not known to sell his personal property, the articles in question are not generally carried hidden, and the person in possession of the articles does not ordinarily carry them under his cloak. The house-owner must take an oath while holding a sacred article that they are his. He then may take his property.
If the person in possession of the articles is not known to be a thief, the house-owner's word is not accepted. Instead, the person in possession of the articles must take a Rabbinic oath that he purchased the articles. He may then depart.
Genevah - Chapter Six
Halacha 1
Whenever the prevailing assumption is that an article is stolen, one is forbidden to purchase it. Similarly, if the majority of a particular substance is stolen, one is forbidden to purchase it. Therefore, one should not purchase wool, milk or kids from shepherds. This applies within a settled community. In the desert, by contrast, one may purchase milk and cheese from them.
Similarly, one may purchase four sheep or the shearing of four sheep from the shepherd of a small herd, or five from the shepherd of a large herd, for we do not presume that an amount of this size is stolen.
Halacha 2
To state the general principle: Whenever a shepherd sells an article that would be noticed by the owner, it may be purchased from the shepherd. If the owner would not notice it, it is assumed to be stolen and may not be purchased from the shepherd.
Halacha 3
We may not purchase wood or produce from the watchmen of produce unless they sit openly and sell with baskets of produce and scales in front of them. In such an instance, the matter is overt and will be spoken about; therefore, we can conclude that theft is not involved.
We may purchase from the entrance to a garden, but not from its rear. And whenever a seller says: "Hide the goods," it is forbidden to purchase from him.
One may purchase from a sharecropper, for he has a share in the produce and the wood.
Halacha 4
We should not purchase articles from married women, servants or minors unless the prevailing assumption is that they were granted these articles by their owner; for example, women who sell linen garments in the Galilee or calves in the Sharon. In all instances, if they say "Hide the goods," it is forbidden to purchase from them, for we assume that the goods were stolen.
We may purchase eggs or roosters anywhere, from any person. If, however, one says "Hide what was sold," it is forbidden.
Halacha 5
One may purchase a large measure of olives or oil from an owner of an olive press. One may not, however, purchase a small amount of olives or oil, for the prevailing assumption is that these would be stolen goods. Similar laws apply in other like situations.
Halacha 6
A launderer of a new woolen garment is entitled to the fluff that he removes. The strands that the comber removes, by contrast, belong to the owner of the wool.
The launderer may take three strands. Anything more belongs to the owner of the garment. If the additional strands were black against a white garment, the launderer may take all of them.
Halacha 7
When a tailor leaves more thread than necessary to sew with a needle, and a piece of cloth that is more than three fingerbreadths by three fingerbreadths, he is obligated to return it to the owner. Anything less than that, he may keep as his own.
Halacha 8
A carpenter may keep the shavings of wood that he produces with a plane. The chips he produces with a hatchet, by contrast, belong to the owner. If he is working for the owner as a hired hand, even the shavings belong to the owner.
With regard to all these matters, the prevailing local custom is followed.
Halacha 9
Whenever a craftsman sells items to which he is not entitled according to the local practice - e.g., strands of fluff sold by a comber where it is customary that they are returned to the owner - it is forbidden to purchase from him, for we assume that they are stolen. If, however, he sells a pillow filled with wool, one may purchase it from him.
If a craftsman sells articles to which he is entitled according to the local practice, it is permitted to purchase them from him. If, however, he says, "Hide it," purchase is forbidden.
• Wednesday, Elul 4, 5775 · 19 August 2015
"Today's Day"
Shabbat Elul 4 5703
Torah lessons: Chumash: Shoftim, Shevi'i with Rashi.
Tehillim: 23-28. Also 10-12.
Tanya: XI. To make you (p. 445) ...Supreme Good. (p. 449).
The order of birchot haTorah:1 With the tallit touch the beginning and ending of the reading, kiss the tallit where it touched the Torah, roll up the Torah, turn your face slightly to the right, say the b'racha, open the Torah and read.
__________
In describing the unique qualities of humankind, four terms are used: Adam refers to the quality of mind and intellect; ish to the quality of heart and emotion; enosh, weakness in either intellect or emotion or both; gever, who overcomes inner weakness and removes obstacles and hindrances to the attainment of an intellectual or emotional quality. I.e. gever works upon enosh to elevate him to the plane of ish or adam.
Since it is possible to turn enosh into ish or adam, it is obvious that enosh already possesses2 the qualities found in ish andadam.
FOOTNOTES
1. The b'rachot pronounced by the person called to the Torah.
2. In latent or undeveloped state.
Daily Thought:
Fire Burning Fire
Life is fire. It can burn with the angst of survival in a hostile world. Or it can be harnessed to consume all fear.
Stop, contemplate, meditate and pray. Fan a fire of love and awe for the One that transcends this world.
One fire swallows another and you are set free. Liberated from your fears, you face the world no longer as its slave, but as its master.[Tanya, chapter 3. Bati Legani 5710:2.]
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