Torah Reading
Bereishit (Genesis 1:1 In the beginning God created the heavens and the earth. 2 The earth was unformed and void, darkness was on the face of the deep, and the Spirit of God hovered over the surface of the water. 3 Then God said, “Let there be light”; and there was light. 4 God saw that the light was good, and God divided the light from the darkness. 5 God called the light Day, and the darkness he called Night. So there was evening, and there was morning, one day.
• Shabbat Bereishit
6 God said, “Let there be a dome in the middle of the water; let it divide the water from the water.” 7 God made the dome and divided the water under the dome from the water above the dome; that is how it was, 8 and God called the dome Sky. So there was evening, and there was morning, a second day.
9 God said, “Let the water under the sky be gathered together into one place, and let dry land appear,” and that is how it was. 10 God called the dry land Earth, the gathering together of the water he called Seas, and God saw that it was good.
11 God said, “Let the earth put forth grass, seed-producing plants, and fruit trees, each yielding its own kind of seed-bearing fruit, on the earth”; and that is how it was. 12 The earth brought forth grass, plants each yielding its own kind of seed, and trees each producing its own kind of seed-bearing fruit; and God saw that it was good. 13 So there was evening, and there was morning, a third day.
(A: ii) 14 God said, “Let there be lights in the dome of the sky to divide the day from the night; let them be for signs, seasons, days and years; 15 and let them be for lights in the dome of the sky to give light to the earth”; and that is how it was. 16 God made the two great lights — the larger light to rule the day and the smaller light to rule the night — and the stars. 17 God put them in the dome of the sky to give light to the earth, 18 to rule over the day and over the night, and to divide the light from the darkness; and God saw that it was good. 19 So there was evening, and there was morning, a fourth day.
20 God said, “Let the water swarm with swarms of living creatures, and let birds fly above the earth in the open dome of the sky.” 21 God created the great sea creatures and every living thing that creeps, so that the water swarmed with all kinds of them, and there was every kind of winged bird; and God saw that it was good. 22 Then God blessed them, saying, “Be fruitful, multiply and fill the water of the seas, and let birds multiply on the earth.” 23 So there was evening, and there was morning, a fifth day.
(A: iii) 24 God said, “Let the earth bring forth each kind of living creature — each kind of livestock, crawling animal and wild beast”; and that is how it was. 25 God made each kind of wild beast, each kind of livestock and every kind of animal that crawls along the ground; and God saw that it was good.
26 Then God said, “Let us make humankind in our image, in the likeness of ourselves; and let them rule over the fish in the sea, the birds in the air, the animals, and over all the earth, and over every crawling creature that crawls on the earth.”
27 So God created humankind in his own image;
in the image of God he created him:
male and female he created them.
28 God blessed them: God said to them, “Be fruitful, multiply, fill the earth and subdue it. Rule over the fish in the sea, the birds in the air and every living creature that crawls on the earth.” 29 Then God said, “Here! Throughout the whole earth I am giving you as food every seed-bearing plant and every tree with seed-bearing fruit. 30 And to every wild animal, bird in the air and creature crawling on the earth, in which there is a living soul, I am giving as food every kind of green plant.” And that is how it was. 31 God saw everything that he had made, and indeed it was very good. So there was evening, and there was morning, a sixth day.
2:1 Thus the heavens and the earth were finished, along with everything in them. 2 On the seventh day God was finished with his work which he had made, so he rested on the seventh day from all his work which he had made. 3 God blessed the seventh day and separated it as holy; because on that day God rested from all his work which he had created, so that it itself could produce.
(A: iv, S: ii) 4 Here is the history of the heavens and the earth when they were created. On the day when Adonai, God, made earth and heaven, 5 there was as yet no wild bush on the earth, and no wild plant had as yet sprung up; for Adonai, God, had not caused it to rain on the earth, and there was no one to cultivate the ground. 6 Rather, a mist went up from the earth which watered the entire surface of the ground.
7 Then Adonai, God, formed a person [Genesis 2:7 Hebrew: adam] from the dust of the ground [Genesis 2:7 Hebrew: adamah
] and breathed into his nostrils the breath of life, so that he became a living being. 8 Adonai, God, planted a garden toward the east, in ‘Eden, and there he put the person whom he had formed. 9 Out of the ground Adonai, God, caused to grow every tree pleasing in appearance and good for food, including the tree of life in the middle of the garden and the tree of the knowledge of good and evil.
10 A river went out of ‘Eden to water the garden, and from there it divided into four streams. 11 The name of the first is Pishon; it winds throughout the land of Havilah, where there is gold. 12 The gold of that land is good; aromatic resin and onyx stone are also found there. 13 The name of the second river is Gichon; it winds throughout the land of Kush. 14 The name of the third river is Tigris; it is the one that flows toward the east of Ashur. The fourth river is the Euphrates.
15 Adonai, God, took the person and put him in the garden of ‘Eden to cultivate and care for it. 16 Adonai, God, gave the person this order: “You may freely eat from every tree in the garden 17 except the tree of the knowledge of good and evil. You are not to eat from it, because on the day that you eat from it, it will become certain that you will die.”
18 Adonai, God, said, “It isn’t good that the person should be alone. I will make for him a companion suitable for helping him.” 19 So from the ground Adonai, God, formed every wild animal and every bird that flies in the air, and he brought them to the person to see what he would call them. Whatever the person would call each living creature, that was to be its name. (S: iii) 20 So the person gave names to all the livestock, to the birds in the air and to every wild animal. But for Adam there was not found a companion suitable for helping him.
21 Then God caused a deep sleep to fall upon the person; and while he was sleeping, he took one of his ribs and closed up the place from which he took it with flesh. 22 The rib which Adonai, God, had taken from the person, he made a woman-person; and he brought her to the man-person. 23 The man-person said, “At last! This is bone from my bones and flesh from my flesh. She is to be called Woman [Genesis 2:23 Hebrew: ishah], because she was taken out of Man [Genesis 2:23 Hebrew: ish)].” 24 This is why a man is to leave his father and mother and stick with his wife, and they are to be one flesh.
25 They were both naked, the man and his wife, and they were not ashamed.
3:1 Now the serpent was more crafty than any wild animal which Adonai, God, had made. He said to the woman, “Did God really say, ‘You are not to eat from any tree in the garden’?” 2 The woman answered the serpent, “We may eat from the fruit of the trees of the garden, 3 but about the fruit of the tree in the middle of the garden God said, ‘You are neither to eat from it nor touch it, or you will die.’” 4 The serpent said to the woman, “It is not true that you will surely die; 5 because God knows that on the day you eat from it, your eyes will be opened, and you will be like God, knowing good and evil.” 6 When the woman saw that the tree was good for food, that it had a pleasing appearance and that the tree was desirable for making one wise, she took some of its fruit and ate. She also gave some to her husband, who was with her; and he ate. 7 Then the eyes of both of them were opened, and they realized that they were naked. So they sewed fig leaves together to make themselves loincloths.
8 They heard the voice of Adonai, God, walking in the garden at the time of the evening breeze, so the man and his wife hid themselves from the presence of Adonai, God, among the trees in the garden. 9 Adonai, God, called to the man, “Where are you?” 10 He answered, “I heard your voice in the garden, and I was afraid, because I was naked, so I hid myself.” 11 He said, “Who told you that you were naked? Have you eaten from the tree from which I ordered you not to eat?” 12 The man replied, “The woman you gave to be with me — she gave me fruit from the tree, and I ate.” 13 Adonai, God, said to the woman, “What is this you have done?” The woman answered, “The serpent tricked me, so I ate.”
14 Adonai, God, said to the serpent, “Because you have done this, you are cursed more than all livestock and wild animals. You will crawl on your belly and eat dust as long as you live. 15 I will put animosity between you and the woman, and between your descendant and her descendant; he will bruise your head, and you will bruise his heel.”
16 To the woman he said, “I will greatly increase your pain in childbirth. You will bring forth children in pain. Your desire will be toward your husband, but he will rule over you.”
17 To Adam he said, “Because you listened to what your wife said and ate from the tree about which I gave you the order, ‘You are not to eat from it,’ the ground is cursed on your account; you will work hard to eat from it as long as you live. 18 It will produce thorns and thistles for you, and you will eat field plants. 19 You will eat bread by the sweat of your forehead till you return to the ground — for you were taken out of it: you are dust, and you will return to dust.”
20 The man called his wife Havah [life], because she was the mother of all living.
21 Adonai, God, made garments of skin for Adam and his wife and clothed them.
(A: v, S: iv) 22 Adonai, God, said, “See, the man has become like one of us, knowing good and evil. Now, to prevent his putting out his hand and taking also from the tree of life, eating, and living forever — ” 23 therefore Adonai, God, sent him out of the garden of ‘Eden to cultivate the ground from which he was taken. 24 So he drove the man out, and he placed at the east of the garden of ‘Eden the k’ruvim and a flaming sword which turned in every direction to guard the way to the tree of life.
4:1 The man had sexual relations with Havah his wife; she conceived, gave birth to Kayin [acquisition] and said, “I have acquired a man from Adonai.” 2 In addition she gave birth to his brother Hevel. Hevel kept sheep, while Kayin worked the soil. 3 In the course of time Kayin brought an offering to Adonai from the produce of the soil; 4 and Hevel too brought from the firstborn of his sheep, including their fat. Adonai accepted Hevel and his offering 5 but did not accept Kayin and his offering. Kayin was very angry, and his face fell. 6 Adonai said to Kayin, “Why are you angry? Why so downcast? 7 If you are doing what is good, shouldn’t you hold your head high? And if you don’t do what is good, sin is crouching at the door — it wants you, but you can rule over it.” 8 Kayin had words with Hevel his brother; then one time, when they were in the field, Kayin turned on Hevel his brother and killed him.
9 Adonai said to Kayin, “Where is Hevel your brother?” And he replied, “I don’t know; am I my brother’s guardian?” 10 He said, “What have you done? The voice of your brother’s blood is crying out to me from the ground! 11 Now you are cursed from the ground, which has opened its mouth to receive your brother’s blood at your hands. 12 When you farm the ground it will no longer yield its strength to you. You will be a fugitive, wandering the earth.” 13 Kayin said to Adonai, “My punishment is greater than I can bear. 14 You are banning me today from the land and from your presence. I will be a fugitive wandering the earth, and whoever finds me will kill me.” 15 Adonai answered him, “Therefore, whoever kills Kayin will receive vengeance sevenfold,” and Adonai put a sign on Kayin, so that no one who found him would kill him. 16 So Kayin left the presence of Adonai and lived in the land of Nod [wandering], east of ‘Eden.
17 Kayin had sexual relations with his wife; she conceived and gave birth to Hanokh. Kayin built a city and named the city after his son Hanokh. 18 To Hanokh was born ‘Irad. ‘Irad fathered Mechuya’el, Mechuya’el fathered Metusha’el, and Metusha’el fathered Lemekh.
(S: v) 19 Lemekh took himself two wives; the name of the one was ‘Adah, while the name of the other was Tzilah. 20 ‘Adah gave birth to Yaval; he was the ancestor of those who live in tents and have cattle. 21 His brother’s name was Yuval; and he was the ancestor of all who play lyre and flute. 22 Tzilah gave birth to Tuval-Kayin, who forged all kinds of tools from brass and iron; the sister of Tuval-Kayin was Na‘amah. 23 Lemekh said to his wives,
“‘Adah and Tzilah, listen to me;
wives of Lemekh, hear what I say:
I killed a man for wounding me,
a young man who injured me.
24 If Kayin will be avenged sevenfold,
then Lemekh seventy-sevenfold!”
25 Adam again had sexual relations with his wife, and she gave birth to a son whom she named Shet [granted], “For God has granted me another seed in place of Hevel, since Kayin killed him.” 26 To Shet too was born a son, whom he called Enosh. That is when people began to call on the name of Adonai.
5:1 (vi) Here is the genealogy of Adam. On the day that God created man he made him in the likeness of God; 2 he created them male and female; he blessed them and called them Adam [humankind, man] on the day they were created. 3 After Adam lived 130 years he fathered a son like himself and named him Shet. 4 After Shet was born, Adam lived another 800 years and had both sons and daughters. 5 In all, Adam lived 930 years, and then he died.
6 Shet lived 105 years and fathered Enosh. 7 After Enosh was born, Shet lived another 807 years and had sons and daughters. 8 In all, Shet lived 912 years; then he died.
9 Enosh lived ninety years and fathered Kenan. 10 After Kenan was born, Enosh lived another 815 years and had sons and daughters. 11 In all, Enosh lived 905 years; then he died.
12 Kenan lived seventy years and fathered Mahalal’el. 13 After Mahalal’el was born, Kenan lived another 840 years and had sons and daughters. 14 In all, Kenan lived 910 years; then he died.
15 Mahalal’el lived sixty-five years and fathered Yered. 16 After Yered was born, Mahalal’el lived another 830 years and had sons and daughters. 17 In all, Mahalal’el lived 895 years; then he died.
18 Yered lived 162 years and fathered Hanokh. 19 After Hanokh was born, Yered lived 800 years and had sons and daughters. 20 In all, Yered lived 962 years; then he died.
21 Hanokh lived sixty-five years and fathered Metushelach. 22 After Metushelach was born, Hanokh walked with God 300 years and had sons and daughters. 23 In all, Hanokh lived 365 years. 24 Hanokh walked with God, and then he wasn’t there, because God took him.
(vii) 25 Metushelach lived 187 years and fathered Lemekh. 26 After Lemekh was born, Metushelach lived 782 years and had sons and daughters. 27 In all, Metushelach lived 969 years; then he died.
28 Lemekh lived 182 years and fathered a son, 29 whom he called Noach [restful]; for he said, “This one will comfort us in our labor, in the hard work we do with our hands [to get what comes] from the ground that Adonai cursed.” 30 After Noach was born, Lemekh lived 595 years and had sons and daughters. 31 In all, Lemekh lived 777 years; then he died.
32 Noach was 500 years old; and Noach fathered Shem, Ham and Yefet.
6:1 In time, when men began to multiply on earth, and daughters were born to them, 2 the sons of God saw that the daughters of men were attractive; and they took wives for themselves, whomever they chose. 3 Adonai said, “My Spirit will not live in human beings forever, for they too are flesh; therefore their life span is to be 120 years.” 4 The N’filim were on the earth in those days, and also afterwards, when the sons of God came in to the daughters of men, and they bore children to them; these were the ancient heroes, men of renown.
(Maftir) 5 Adonai saw that the people on earth were very wicked, that all the imaginings of their hearts were always of evil only. 6 Adonai regretted that he had made humankind on the earth; it grieved his heart. 7 Adonai said, “I will wipe out humankind, whom I have created, from the whole earth; and not only human beings, but animals, creeping things and birds in the air; for I regret that I ever made them.” 8 But Noach found grace in the sight of Adonai.
Today's Laws & Customs:
The Shabbat after Simchat Torah is Shabbat Bereishit -- "Shabbat of Beginning" -- the first Shabbat of the annual Torah reading cycle, on which the Torah section of Bereishit ("In the Beginning") is read.
The weekly Torah reading is what defines the Jewish week, serving as the guide and point of reference for the week's events, deeds and decisions; Rabbi Schneur Zalman of Liadi called this "living with the times." Hence the theme and tone of this week is one of beginning and renewal, as we launch into yet another cycle of Torah life. The Rebbes of Chabad would say: "As one establishes oneself on Shabbat Bereishit, so goes the rest of the year."
Link: Beginnings
• Blessing the New Month
This Shabbat is also Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Cheshvan, which falls on Tuesday and Wednesday of next week. Prior to the blessing, we announce the precise time of the "moled", the new moon's "birth"
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms); The Farbrengen
Daily Study:
Chitas and Rambam for today:
Chumash: Bereishit, 7th Portion Genesis 5:25-6:8 with Rashi
• Chapter 5
25And Methuselah lived a hundred and eighty seven years, and he begot Lamech. כהוַיְחִי מְתוּשֶׁלַח שֶׁבַע וּשְׁמֹנִים שָׁנָה וּמְאַת שָׁנָה וַיּוֹלֶד אֶת לָמֶךְ:
26And Methuselah lived after he had begotten Lamech, seven hundred and eighty two years, and he begot sons and daughters. כווַיְחִי מְתוּשֶׁלַח אַחֲרֵי הוֹלִידוֹ אֶת לֶמֶךְ שְׁתַּיִם וּשְׁמוֹנִים שָׁנָה וּשְׁבַע מֵאוֹת שָׁנָה וַיּוֹלֶד בָּנִים וּבָנוֹת:
27And all the days of Methuselah were nine hundred and sixty nine years, and he died. כזוַיִּהְיוּ כָּל יְמֵי מְתוּשֶׁלַח תֵּשַׁע וְשִׁשִּׁים שָׁנָה וּתְשַׁע מֵאוֹת שָׁנָה וַיָּמֹת:
28And Lamech lived a hundred and eighty two years, and he begot a son. כחוַיְחִי לֶמֶךְ שְׁתַּיִם וּשְׁמֹנִים שָׁנָה וּמְאַת שָׁנָה וַיּוֹלֶד בֵּן:
and he begot a son: Heb. בֵּן, from whom the world was built (נִבְנָה). - [from Tanchuma Bereishith 11] ויולד בן: שממנו נבנה העולם:
29And he named him Noah, saying, "This one will give us rest from our work and from the toil of our hands from the ground, which the Lord has cursed." כטוַיִּקְרָא אֶת שְׁמוֹ נֹחַ לֵאמֹר זֶה יְנַחֲמֵנוּ מִמַּעֲשֵׂנוּ וּמֵעִצְּבוֹן יָדֵינוּ מִן הָאֲדָמָה אֲשֶׁר אֵרֲרָהּ יְהֹוָה:
This one will give us rest: Heb. יְנַחֲמֵנוּ. He will give us rest (יָנַח מִמֶּנּוּ) from the toil of our hands. Before Noah came, they did not have plowshares, and he prepared [these tools] for them. And the land was producing thorns and thistles when they sowed wheat, because of the curse of the first man (Adam), but in Noah’s time, it [the curse] subsided. This is the meaning of יְנַחֲמֵנוּ. If you do not explain it that way, however (but from the root (נחם), the sense of the word does not fit the name, [נֹחַ], and you would have to name him Menachem. — [See Gen. Rabbah 25:2] [i.e., If we explain the word according to its apparent meaning, “this one will console us,” the child should have been called Menachem, the consoler.] זה ינחמנו: ינח ממנו את עצבון ידינו, עד שלא בא נח לא היה להם כלי מחרישה והוא הכין להם, והיתה הארץ מוציאה קוצים ודרדרים כשזורעים חטים, מקללתו של אדם הראשון, ובימי נח נחה, וזהו ינחמנו, ינח ממנו. ואם לא תפרשהו כך, אין טעם הלשון נופל על השם, ואתה צריך לקרות שמו מנחם:
30And Lamech lived after he had begotten Noah, five hundred and ninety five years, and he begot sons and daughters. לוַיְחִי לֶמֶךְ אַחֲרֵי הוֹלִידוֹ אֶת נֹחַ חָמֵשׁ וְתִשְׁעִים שָׁנָה וַחֲמֵשׁ מֵאֹת שָׁנָה וַיּוֹלֶד בָּנִים וּבָנוֹת:
31And all the days of Lamech were seven hundred and seventy seven years, and he died. לאוַיְהִי כָּל יְמֵי לֶמֶךְ שֶׁבַע וְשִׁבְעִים שָׁנָה וּשְׁבַע מֵאוֹת שָׁנָה וַיָּמֹת:
32And Noah was five hundred years old, and Noah begot Shem, Ham, and Japheth. לבוַיְהִי נֹחַ בֶּן חֲמֵשׁ מֵאוֹת שָׁנָה וַיּוֹלֶד נֹחַ אֶת שֵׁם אֶת חָם וְאֶת יָפֶת:
five hundred years old: Said Rabbi Judan: What is the reason that all the generations begot children at [the age of approximately] one hundred years and this one [Noah, had children] at [the age of] five hundred years? Said the Holy One, blessed be He, “If they [his children] are wicked, they will perish in the [flood] water, and it will be bad for this righteous man, and if they are righteous, I will have to burden him with making many arks.” He closed his fountain, and he did not beget [children] until the age of five hundred years, so that Japheth, his eldest son, should not be liable for punishment before the Flood, as it is written (Isa. 65:20):“For the youth who is one hundred years old shall die.” [This means: at the age when he] will be liable for punishment in the future, and so it was before the giving of the Torah. — [from Gen. Rabbah 26:2] בן חמש מאות שנה: אמר רבי יודן מה טעם כל הדורות הולידו למאה שנה וזה לחמש מאות, אמר הקב"ה אם רשעים הם יאבדו במים ורע לצדיק זה, ואם צדיקים הם אטריח עליו לעשות תיבות הרבה, כבש את מעיינו ולא הוליד עד שהיה בן חמש מאות שנה, כדי שלא יהא יפת הגדול שבבניו ראוי לעונשין לפני המבול דכתיב (ישעיה סה כ) כי הנער בן מאה שנה ימות, וראוי לעונש לעתיד, וכן לפני מתן תורה:
Shem, Ham, and Japheth: Now was not Japheth the eldest? [i.e., Why is he mentioned last?] But first you talk about the one who was righteous, born circumcised, and from whom Abraham was descended, etc. — [from Gen. Rabbah 26:3] את שם ואת חם ואת יפת: והלא יפת הוא הגדול, אלא בתחלה אתה דורש את שם שהוא צדיק, ונולד כשהוא מהול, ושאברהם יצא ממנו וכו':
Chapter 6
1And it came to pass when man commenced to multiply upon the face of the earth, and daughters were born to them. אוַיְהִי כִּי הֵחֵל הָאָדָם לָרֹב עַל פְּנֵי הָאֲדָמָה וּבָנוֹת יֻלְּדוּ לָהֶם:
2That the sons of the nobles saw the daughters of man when they were beautifying themselves, and they took for themselves wives from whomever they chose. בוַיִּרְאוּ בְנֵי הָאֱלֹהִים אֶת בְּנוֹת הָאָדָם כִּי טֹבֹת הֵנָּה וַיִּקְחוּ לָהֶם נָשִׁים מִכֹּל אֲשֶׁר בָּחָרוּ:
the sons of the nobles: Heb. בְּנֵי הָאֱלֹהִים, the sons of the princes (Targumim) and the judges (Gen. Rabbah 26:5). Another explanation: בְּנֵי הָאֱלֹהִים are the princes who go as messengers of the Omnipresent. They too mingled with them (Pirkei d’Rabbi Eliezer, ch. 22). Every אֱלֹהִים in Scripture is an expression of authority, and the following proves it (Exod. 4:16): “And you shall be to him as a lord (לֵאלֹהִים)”; (ibid. 7:1): “See, I have made you a lord (אֶלֹהִים).” בני הא-להים: בני השרים והשופטים. (דבר אחר בני הא-להים הם השרים ההולכים בשליחותו של מקום, אף הם היו מתערבים בהם). כל א-להים שבמקרא לשון מרות, וזה יוכיח (שמות ד טז) ואתה תהיה לו לא-להים, (שם ז א) ראה נתתיך א-להים:
when they were beautifying themselves: Heb., טֹבֹת. Said Rabbi Judan: It is written טבת [i.e., instead of טובות. Thus it can be read טָבַת, meaning to beautify.] When they would beautify her, adorned to enter the nuptial canopy, a noble would enter and have relations with her first (Gen. Rabbah 26:5). כי טבת הנה: אמר רבי יודן טבת כתיב, כשהיו מטיבין אותה מקושטת ליכנס לחופה, היה גדול נכנס ובועלה תחלה:
from whomever they chose: Even a married woman, even males and animals (Gen. Rabbah ad loc.). מכל אשר בחרו: אף בעולת בעל, אף הזכר והבהמה:
3And the Lord said, "Let My spirit not quarrel forever concerning man, because he is also flesh, and his days shall be a hundred and twenty years." גוַיֹּאמֶר יְהֹוָה לֹא יָדוֹן רוּחִי בָאָדָם לְעֹלָם בְּשַׁגָּם הוּא בָשָׂר וְהָיוּ יָמָיו מֵאָה וְעֶשְׂרִים שָׁנָה:
Let My spirit not quarrel forever: Let My spirit not complain and quarrel because of man. לא ידון רוחי באדם: לא יתרעם ויריב רוחי עלי בשביל האדם:
forever: for a long time. Behold My spirit is quarreling within Me whether to destroy or to have mercy. Let this quarrel in My spirit not endure forever, i.e., for a long time. לעולם: לאורך ימים, הנה רוחי נדון בקרבי אם להשחית ואם לרחם, לא יהיה מדון זה ברוחי לעולם, כלומר לאורך ימים:
because he is also flesh: Heb. בְּשַׁגָּם, like בְּשֶׁגַּם, i.e., because this is also in him that he is [only] flesh, and nevertheless, he does not subordinate himself before Me. What if he were fire or a hard substance? [i.e., How much greater would his insubordination be!] Similar to this, (Jud. 5:7): “Until I Deborah arose (שַׁקַּמְתִּי)”, as if it were written שֶׁקַּמְתִּי, and similarly, (ibid. 6:17): “that You (שָׁאַתָּה) are speaking with me,” as if it were written שֶׁאַתָּה. So too, בְּשַׁגָּם is like בְּשֶׁגַּם. בשגם הוא בשר: כמו בשגם, כלומר בשביל שגם זאת בו שהוא בשר, ואף על פי כן אינו נכנע לפני, ומה אם יהיה אש או דבר קשה, כיוצא בו (שופטים ה ז) עד שקמתי דבורה, כמו שקמתי. וכן (שם ו יז) שאתה מדבר עמי, כמו שאתה, אף בשגם כמו בשגם:
and his days shall be: Until a hundred and twenty years I will delay My wrath towards them, but if they do not repent, I will bring a flood upon them. Now if you ask: from the time that Japheth was born until the Flood are only a hundred years, [I will answer that] there is no [sequence of] earlier and later events in the Torah. This decree had already been issued twenty years before Noah begot children, and so we find in Seder Olam (ch. 28). There are many Aggadic midrashim on the words לֹא יָדוֹן, but this is its clear, simple explanation. והיו ימיו וגו': עד מאה ועשרים שנה אאריך להם אפי ואם לא ישובו אביא עליהם מבול. ואם תאמר משנולד יפת עד המבול אינו אלא מאה שנה, אין מוקדם ומאוחר בתורה, כבר היתה הגזירה גזורה עשרים שנה קודם שהוליד נח תולדות, וכן מצינו בסדר עולם (פרק כח). יש מדרשי אגדה רבים בלא ידון, אבל זה הוא צחצוח פשוטו:
4The Nephilim were on the earth in those days, and also afterward, when the sons of the nobles would come to the daughters of man, and they would bear for them; they are the mighty men, who were of old, the men of renown. דהַנְּפִלִים הָיוּ בָאָרֶץ בַּיָּמִים הָהֵם וְגַם אַחֲרֵי כֵן אֲשֶׁר יָבֹאוּ בְּנֵי הָאֱלֹהִים אֶל בְּנוֹת הָאָדָם וְיָלְדוּ לָהֶם הֵמָּה הַגִּבֹּרִים אֲשֶׁר מֵעוֹלָם אַנְשֵׁי הַשֵּׁם:
The Nephilim: [They were called נְפִילִים because they fell (נָפְלוּ) and caused the world to fall (הִפִּילוּ) (Gen. Rabbah 26:7), and in the Hebrew language it means giants (Pirkei d’Rabbi Eliezer, ch. 22 and Targum Jonathan). הנפלים: על שם שנפלו והפילו את העולם, ובלשון עברית לשון ענקים הוא:
in those days: in the days of the generation of Enosh and the children of Cain. בימים ההם: בימי דור אנוש ובני קין:
and also afterward: Although they had seen the destruction of the generation of Enosh, when the ocean rose up and inundated a third of the world, the generation of the Flood did not humble themselves to learn from them. — [from Mechilta Yithro, Massechta Bachodesh 6; Sifrei Ekev 743] וגם אחרי כן: אף על פי שראו באבדן של דור אנוש שעלה אוקיינוס והציף שליש העולם, לא נכנע דור המבול ללמוד מהם:
when…would come: They [the mothers] would bear giants like them [the fathers]. — [from Gen. Rabbah 26:7] אשר יבאו: היו יולדות ענקים כמותם:
mighty men: to rebel against the Omnipresent. — [Yelammednu, Batei Midrashoth, p. 148] הגבורים: למרוד במקום:
the men of renown: Heb. אַנְשֵׁי הַשֵּׁם Those who were called by name: Irad, Mechujael, Methushael, who were so named because of their destruction, for they were wiped out (מְחוּיָאֵל from נִמּוֹחוּ) and uprooted; (מְתוּשָׁאֵל from הֻתָּשׁוּ). Another explanation: men of desolation (שִׁמָּמוֹן), who made the world desolate. — [from Gen. Rabbah 26:7] אנשי השם: אותן שנקבו בשמות עירד, מחויאל, מתושאל, שנקראו על שם אבדן שנמוחו והותשו. דבר אחר אנשי שממון, ששממו את העולם:
5And the Lord saw that the evil of man was great in the earth, and every imagination of his heart was only evil all the time. הוַיַּרְא יְהֹוָה כִּי רַבָּה רָעַת הָאָדָם בָּאָרֶץ וְכָל יֵצֶר מַחְשְׁבֹת לִבּוֹ רַק רַע כָּל הַיּוֹם:
6And the Lord regretted that He had made man upon the earth, and He became grieved in His heart. ווַיִּנָּחֶם יְהֹוָה כִּי עָשָׂה אֶת הָאָדָם בָּאָרֶץ וַיִּתְעַצֵּב אֶל לִבּוֹ:
And the Lord regretted that He had made: Heb. וַיִנָּחֶם. It was a consolation to Him that He had created him [man] of the earthly beings, for had he been one of the heavenly beings, he would have caused them to rebel. [This appears in Genesis Rabbah (27:40). וינחם ה' כי עשה: נחמה היתה לפניו שבראו בתחתונים, שאלו היה מן העליונים היה ממרידן:
and He became grieved: [I.e.,] man [became grieved], ויתעצב: האדם:
in His heart: [the heart] of the Omnipresent. It entered the thought of God to cause him [man] grief. This is the translation of Onkelos [i.e., Onkelos supports the view that וַיִּתְעַצֵּב refers to man]. Another explanation of וַיִּנָּחֶם: The thought of the Omnipresent turned from the standard of clemency to the standard of justice. It entered His thoughts to reconsider what to do with man, whom He had made upon the earth. And similarly, every expression of נִחוּם in Scripture is an expression of reconsidering what to do. [For example] (Num. 23:19): “Nor the son of man that He should change His mind (וְיִתְנֶחָם)”; (Deut. 32:36): “And concerning His servants He will change His mind (יִתְנֶחָם)”; (Exod. 32:14): “And the Lord changed His intent concerning the evil (וַיִּנָּחֶם)”; (I Sam. 15:11): “I regret (נִחַמְתִּי) that I made [Saul] king.” These are all an expression of having second thoughts. אל לבו: של מקום, עלה במחשבתו של מקום להעציבו, זהו תרגום אונקלוס. דבר אחר וינחם, נהפכה מחשבתו של מקום ממדת רחמים למדת הדין, עלה במחשבה לפניו מה לעשות באדם שעשה בארץ, וכן כל לשון ניחום שבמקרא לשון נמלך מה לעשות (במדבר כג יט) ובן אדם ויתנחם, (דברים לב לו) ועל עבדיו יתנחם, (שמות לב יד) וינחם ה' על הרעה, (שמואל א' טו יא) נחמתי כי המלכתי, כולם לשון מחשבה אחרת הם:
and He became grieved: Heb. וַיִּתְעַצֵּב, He mourned over the destruction of His handiwork [i.e., according to this second view, וַיִּתְעַצֵּב refers to God], like (II Sam. 19:3): “The king is saddened (נֶעֱצַב) over his son.” This I wrote to refute the heretics: A gentile asked Rabbi Joshua ben Korchah, “Do you not admit that the Holy One, blessed be He, foresees the future?” He [Rabbi Joshua] replied to him, “Yes.” He retorted, “But it is written: and He became grieved in His heart!” He [Rabbi Joshua] replied, “Was a son ever born to you?” “Yes,” he [the gentile] replied. “And what did you do?” he [Rabbi Joshua] asked. He replied, “I rejoiced and made everyone rejoice.” “But did you not know that he was destined to die?” he asked. He [the gentile] replied, “At the time of joy, joy; at the time of mourning, mourning.” He [Rabbi Joshua] said to him, “So is it with the work of the Holy One, blessed be He; even though it was revealed before Him that they would ultimately sin, and He would destroy them, He did not refrain from creating them, for the sake of the righteous men who were destined to arise from them.” - [from Gen. Rabbah 27:4] ויתעצב אל לבו: נתאבל על אבדן מעשה ידיו, כמו (ש"ב יט ג) נעצב המלך על בנו. וזו כתבתי לתשובת המינים, גוי אחד שאל את רבי יהושע בן קרחה, אמר לו אין אתם מודים שהקב"ה רואה את הנולד, אמר לו הן. אמר לו והא כתיב ויתעצב אל לבו, אמר לו נולד לך בן זכר מימיך, אמר לו הן. אמר לו ומה עשית, אמר לו שמחתי ושימחתי את הכל. אמר לו ולא היית יודע שסופו למות, אמר לו בשעת חדותא חדותא, בשעת אבלא אבלא. אמר לו כך מעשה הקב"ה, אף על פי שגלוי לפניו שסופן לחטוא ולאבדן לא נמנע מלבראן בשביל הצדיקים העתידים לעמוד מהם:
7And the Lord said, "I will blot out man, whom I created, from upon the face of the earth, from man to cattle to creeping thing, to the fowl of the heavens, for I regret that I made them." זוַיֹּאמֶר יְהֹוָה אֶמְחֶה אֶת הָאָדָם אֲשֶׁר בָּרָאתִי מֵעַל פְּנֵי הָאֲדָמָה מֵאָדָם עַד בְּהֵמָה עַד רֶמֶשׂ וְעַד עוֹף הַשָּׁמָיִם כִּי נִחַמְתִּי כִּי עֲשִׂיתִם:
And the Lord said,"I will blot out man: He is dust, and I will bring water upon him, and I will blot him out. Therefore, the expression מִחוּי is used. — [from Tan. Buber, Noah 4] ויאמר ה' אמחה את האדם: הוא עפר ואביא עליו מים ואמחה אותו, לכך נאמר לשון מחוי:
from man to cattle: They too corrupted their way (Gen. Rabbah 28:8). Another explanation: Everything was created for man’s sake, and since he will be annihilated, what need is there for these [the animals]? (Sanh. 108a). מאדם עד בהמה: אף הם השחיתו דרכם. דבר אחר הכל נברא בשביל אדם, וכיון שהוא כלה מה צורך באלו:
for I regret that I made them: I am thinking what to do about having made them. כי נחמתי כי עשיתים: חשבתי מה לעשות להם על אשר עשיתים:
8But Noah found favor in the eyes of the Lord. חוְנֹחַ מָצָא חֵן בְּעֵינֵי יְהֹוָה:
Daily Tehillim: Chapters 120 - 134
• Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.
1. A song of ascents. I lift my eyes to the mountains-from where will my help come?
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
Tanya: Iggeret HaKodesh, middle of Epistle 25• Lessons in Tanya
• Shabbat, Tishrei 27, 5776 · October 10, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 25
והנה נודע ליודעי חכמה נסתרה
Now it is known to those familiar with the “Hidden Wisdom”1 (i.e., the Kabbalah)
כי דבר ה׳ נקרא בשם שכינה בלשון חז״ל, ואימא תתאה ומטרוניתא בלשון הזהר
that the “word of G‑d” is referred to as the Shechinah, in the terminology of the [Talmudic and Midrashic] Sages, of blessed memory, and as Imma Tataah (the “nether mother”) and Matrunita (the “Queen”)in the terminology of the Zohar,
ובפרט בריש פרשת וארא
especially at the beginning of Parshat Va’eira, where an analogy is drawn to G‑d’s speech from a princess,
לפי ששוכן ומתלבש בנבראים, להחיותם
because [the “word of G‑d”] dwells and vests itself in created beings, to give them life.
The word Shechinah (שכינה) derives from the root שכן — “to dwell.” The titles of “mother” and “queen” relate to their functions of caring for the lives of their children and subjects, respectively.
ובלשון המקובלים, נקרא בשם מלכות, על שם: דבר מלך שלטון, כי המלך מנהיג מלכותו בדיבורו, ועוד טעמים אחרים ידועים ליודעי חכמה נסתרה
In the terminology of the Kabbalists, [the “word of G‑d”] is called Malchut, for2 “the word of a king rules” — a king rules his kingdom through his speech; and also for other reasons known to those those familiar with the “Hidden Wisdom” (i.e., the Kabbalah).
ומודעת זאת, כי יש בחינת ומדריגת מלכות דאצילות ובחינת מלכות דבריאה וכו׳
Now it is known that there is a rank and level of [the Sefirah of] Malchut of [the World of] Atzilut, and a rank of [the Sefirah of] Malchut of [the World of] Beriah, and so on. There are thus many degrees of “G‑d’s speech.”
ופירוש מלכות דאצילות, הוא דבר ה׳ המחיה ומהוה נשמות הגדולות, שהן מבחינת אצילות
Malchut of Atzilut means the “word of G‑d” which animates and brings into being the great souls that are of the rank of Atzilut,
כמו נשמת אדם הראשון, שנאמר בו: ויפח באפיו נשמת חיים כו׳, וכמו נשמות האבות והנביאים, וכיוצא בהן
such as the soul of Adam, of whom it is said,3 “And He blew into his nostrils the soul of life...” (i.e., a soul from the level of Atzilut); and such as the souls of the patriarchs and the prophets and the like
שהיו מרכבה לה׳ ממש, ובטלים ממש במציאות אליו
כמאמר רז״ל: שכינה מדברת מתוך גרונו של משה
as our Sages, of blessed memory, said,6 “The Shechinah speaks from the throat of Moses”;
Moses’ own personality was so translucent — he had so nullified himself to G‑d — that when he prophesied he did notrelay what G‑d told him to say; rather, the Shechinah itself spoke directly through his mouth.
וכן כל הנביאים ובעלי רוח הקודש, היה קול ודבור העליון מתלבש בקולם ודבורם ממש, כמו שכתב האריז״ל
and likewise with all the prophets and those possessed of the Holy Spirit: the Supernal voice and speech vested itself in their actual voice and speech, as R. Isaac Luria, of blessed memory, wrote).
ומלכות דבריאה הוא דבר ה׳ המחיה ומהוה הנשמות והמלאכים שבעולם הבריאה
Malchut of Beriah is the “word of G‑d” which animates and brings into being the souls and angels in the World of Beriah,
שאין מעלתם כמעלת האצילות וכו׳
whose level is not like the level of Atzilut, and so on; i.e., Malchut of Yetzirah is the level of Divine speech that brings into being and animates the souls and angels in the World of Yetzirah.
ומלכות דעשיה הוא דבר ה׳ המחיה ומהוה את עולם הזה בכללו
And Malchut of Asiyah is the “word of G‑d” which animates and creates this world in its entirety,
עד יסוד העפר והמים אשר מתחת לארץ
up to and including the Element of Earth, and7 “the water that is below the earth.”
Now if the creation of all things derives from the Shechinah, from the revelation of Divine power, how do we account for those things that derive from kelipot, entities that “oppose” G‑dliness and holiness?
| FOOTNOTES | |
| 1. | The two Heb. words for “Hidden Wisdom” (חכמה נסתרה) are commonly abbreviated to their initials, and pronounced aschen. |
| 2. | Kohelet 8:4. |
| 3. | Bereishit 2:7. |
| 4. | Parentheses are in the original text. |
| 5. | Bereishit Rabbah, beginning of sec. 46; et al. |
| 6. | Cf. Zohar III, 234a; et al. |
| 7. | Cf. Shmot 20:4. |
• Sefer Hamitzvos:Today's Mitzvah
Shabbat, Tishrei 27, 5776 · October 10, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 235
Lending with Interest
"You shall not give him your money for interest, nor may you give him your food for increase"—Leviticus 25:37.
It is forbidden to issue a loan – whether money or any other item – to a fellow Jew if it involves charge of interest.
Lending with Interest
Negative Commandment 235
Translated by Berel Bell
The 235th prohibition is that we are forbidden from lending money with interest.
The source of this prohibition is G‑d's statement1 (exalted be He), "Your money do not make him pay interest (neshech) for, and do not make him pay interest (marbis) for your food."
These two prohibitive statements come together for added emphasis; that one who lends with interest is doubly guilty. They are not two separate ideas, since neshech is the same as marbis and marbis is the same as neshech.
Our Sages said in tractate Bava Metzia:2 "You will never find neshech without marbis or marbis without neshech. Why did the verse distinguish between them? To cause the transgressor to be doubly guilty." They also said: "By Torah law, neshech and marbis are identical." They also said: "The verse, 'Your money do not make him pay interest (neshech) for, and do not make him pay interest (marbis) for your food,' should be read, 'Your money do not make him pay neshech and marbis for,' and 'do not make him pay neshech and marbis for your food.' "3 Therefore, anyone who lends money or food with interest is doubly guilty, in addition to the other prohibitions which add to the seriousness of the lender's act. The same prohibition is repeated in other words:4 "Do not take neshech or marbis from him." It is explained in tractate Bava Metzia that this prohibition also applies to the lender. However, all these prohibitions are "extra,"5 as we explained in the Ninth Introductory Principle, since they all forbid the same act — prohibiting the lender from lending with interest.
The details of this mitzvah are explained in the 5th chapter of tractate Bava Metzia.
FOOTNOTES
1.Lev. 25:37.
2.60b.
3.In the first half of the verse, the word for interest (neshech) is written at the end; in the second half of the verse, the word for interest (marbis) is written at the beginning. The Gemara learns that the proximity of the two words enables them to be read together.
4.Lev. 25:36.
5.I.e. they do not count as separate mitzvos in the count of 613. The Rambam needs to say this because the literal translation of the phrase over al shnei lavin (translated here as "doubly guilty") is, "transgresses two prohibitions," which could be misinterpreted as meaning two prohibitions among the 613.
Full text of this Mitzvah »Shechitah - Chapter 2
Halacha 1
It is permitted to slaughter an animal in any place except the Temple courtyard. For only animals consecrated for [sacrifice on the altar] may be sacrificed in the Temple courtyard. Ordinary animals, by contrast, whether domesticated animals, beasts, or fowl, are forbidden to be sacrificed in the Temple courtyard. Similarly, [Deuteronomy 12:21] states with regard to meat [which man] desires [to eat]:1 "When the place that God will choose will be distant from you... and you shall slaughter from your cattle and your sheep... and you shall eat in your gates." One may infer that meat [which man] desires [to eat] may be slaughtered only outside "the place that God will choose."
Halacha 2
[Meat from animals] slaughtered outside this [holy] place is permitted to be eaten everywhere. If, however, one slaughters an ordinary animal in the Temple courtyard, that meat is ritually pure,2 but it is forbidden to benefit from it like meat mixed with milk and the like. It must be buried; [if it is burnt,] its ashes are forbidden [to be used].3
[The above applies] even if one slaughters for healing purposes,4 to feed a gentile, or to feed dogs. If, however, one cuts off an animal's head in the Temple courtyard, one rips the signs from their place, a gentile slaughters, [a Jew] slaughters, but the animal was discovered to be trefe, or one slaughters a non-kosher domesticated animal, beast, or fowl in the Temple courtyard, it is permitted to benefit from all of the above.5
Halacha 3
This does not apply only to domesticated animals or beasts. Instead, it is forbidden to bring all ordinary food into the Temple courtyard. [This includes] even meat from a slaughtered [animal], fruit, or bread.6 If one transgresses and brings in such food, it is permitted to partake of this food as it was beforehand.
All of the above concepts are part of the Oral Tradition. Whenever anyone slaughters in the Temple courtyard or eats an olive-sized portion of the meat of ordinary [animals that were] slaughtered in the Temple courtyard, he is liable for stripes for rebellious conduct.7
Halacha 4
[The following rule applies when] a person says: "This animal is [consecrated as] a peace offering, but [the fetus it is carrying] remains of ordinary status." If it is slaughtered in the Temple courtyard, it is permitted to partake of its offspring, because it is forbidden to slaughter [the mother] outside [the Temple courtyard].8
Halacha 5
One should not slaughter into9 seas or rivers, lest [an onlooker] say: "He is worshipping the water,"10 and it would appear as if he is offering a sacrifice to the water. Nor should one slaughter into a utensil filled with water, lest one say: "He is slaughtering into the form that appears in the water."11 Nor should he slaughter into utensils12 or into a pit for this is the way of idolaters. If one slaughters in the above manner, his slaughter is acceptable.
Halacha 6
One may slaughter into murky water in which an image may not be seen. Similarly, one may slaughter outside a pit and allow the blood to flow and descend into a pit. One should not do this in the marketplace so as not to mimic the gentiles. [Indeed,] if one slaughters into a pit in the marketplace, it is forbidden to eat from his slaughter until his [character] is examined, lest he be a heretic.13
It is permitted to slaughter on the wall of a ship, [although] the blood will flow down the wall and descend into the water.14 [Similarly,] it is permitted to slaughter above [the outer surface of] utensils.
Halacha 7
How does one slaughter? One extends the neck and passes the knife back and forth until [the animal] is slaughtered. Whether the animal was lying down15or it was standing and one held the back of its neck, held the knife in his hand below, and slaughtered, the slaughter is acceptable.
Halacha 8
If one implanted a knife in the wall and brought the neck [of an animal back and forth] over it until it was slaughtered, the slaughter is acceptable, provided the neck of the animal is below and the knife is above.16 For if the neck of the animal will be above the knife, it is possible that the animal will descend with the weight of its body [on the knife] and cut [its throat] without [it being brought back and forth].17 This is not ritual slaughter, as will be explained.18 Therefore, if we are speaking about a fowl, whether its neck is above the knife that is implanted or below it, the slaughter is acceptable.19
Halacha 9
When a person slaughters and draws the knife forward, but does not draw it back, draws it back, but does not draw it forward, his slaughter is acceptable.20
If he drew the knife back and forth until he cut off the head entirely, his slaughter is acceptable. [The following rules apply if] he drew the knife forward, but did not draw it back, drew it back, but did not draw it forward, and cut off the head while drawing it forward alone or drawing it back alone. If the knife is twice as long21 as the width of the neck of the animal being slaughtered, his slaughter is acceptable. If not, his slaughter is not acceptable.22
If one slaughters the heads [of two animals] together, his slaughter is acceptable.
Halacha 10
When two people hold unto a knife together - even when one is holding from one side and the other from the other side - and they slaughter together, the slaughter is acceptable. Similarly, if two people hold two knives and both slaughter simultaneously in two places in the neck, their slaughter is acceptable. This applies even if one slit the gullet alone or its majority and the other cut the windpipe or its majority in another place, this slaughter is acceptable even though the slaughter was not entirely in the same place.
Halacha 11
The slaughter of ordinary animals25 does not require focused attention.26 Even if one slaughtered when [wielding a knife] aimlessly, in jest, or [even] if he threw a knife to implant it in the wall and it slaughtered an animal as it was passing, since it slaughtered properly in the appropriate place and with the appropriate measure, it is acceptable.
Halacha 12
Accordingly,27 when a deafmute, an emotional or an intellectual unstable individual, a minor, a drunk whose mind is befuddled,28 a person who became overtaken by an evil spirit slaughters and others observe that he slaughters in the correct manner,29 [the slaughter] is acceptable.30
If, by contrast, a knife falls31 and slaughters [an animal] on its way, it is not acceptable even if it slaughtered it in [the appropriate] manner. For [Deuteronomy, loc. cit.] states: "You shall slaughter," implying that a man must slaughter. [His actions are acceptable,] even if he does not intend to slaughter.
Halacha 13
[The following laws apply if there is] a stone or wooden wheel with a knife affixed to it. If a person turned the wheel and placed the neck of a fowl or an animal opposite it and slaughtered by turning the wheel, [the slaughter] is acceptable. If water is turning the wheel and he placed the neck of [the animal] opposite it while it was turning causing it to be slaughtered, it is unacceptable.32If a person caused the water to flow until they turned the wheel and caused it to slaughter by turning it, [the slaughter] is acceptable.33 For [the activity] came as a result of man's actions.
When does the above apply? With regard to the first turn, for that comes from man's power. The second and subsequent turns, however, do not come from man's power, but from the power of the flowing water.
Halacha 14
When a person slaughters for the sake of mountains, hills, seas, rivers, or deserts, his slaughter is unacceptable even when he does not intend to worship these entities, but merely for curative purposes or the like according to the empty words related by the gentiles, the slaughter is unacceptable.34 If, however, one slaughtered for the sake of the spiritual source35 of the sea, the mountain, the stars, the constellations, or the like, it is forbidden to benefit from the animal36 like all offerings brought to false deities.37
Halacha 15
When a person slaughters an animal [with the intent of] sprinkling its blood for the sake of false deities or burning its fats for the sake of false deities,38 it is forbidden. For we derive [the laws governing] one's intent outside [the Temple] with regard to [slaughtering] ordinary animals from those pertaining to the intent with regard to [slaughtering] consecrated animals within [the Temple]. For such an intent disqualifies them, as will be explained in Hilchot Pesulei HaMukdashim.39
Halacha 16
When a person slaughtered [an animal] and afterwards, thought to sprinkle its blood for the sake of false deities or to burn its fats for the sake of false deities, it is forbidden because of the doubt involved.40 Perhaps the ultimate result showed what his initial intent was and it was with this intent that he slaughtered.
Halacha 17
When a person slaughters [an animal] for the sake of [a type of] sacrifice for which one could consecrate an animal through a vow or through a pledge,41the slaughter is unacceptable.42 For this is comparable to slaughtering consecrated animals outside [the Temple courtyard]. If he slaughters [an animal] for the sake of [a type of] sacrifice for which one could not designate an animal through a vow or through a pledge,43 the slaughter is acceptable.44
Halacha 18
What is implied? When one slaughters [an animal] for the sake of a burnt offering, for the sake of a peace offering, for the sake of a thanksgiving offering, or for the sake of a Paschal offering, the slaughter is unacceptable.45 Since a Paschal offering may be designated every year at any time one desires, it resembles a sacrifice that can be consecrated through a vow or through a pledge.46
If one slaughters [an animal] for the sake of a sin offering, for the sake of a certain guilt offering, for the sake of a doubtful guilt offering,47 for the sake of a firstborn offering,48 for the sake of a tithe offering,49 or for the sake of a substitute [for any offering],50 the slaughter is acceptable.51
Halacha 19
When a person is liable for a sin offering and he slaughters, saying: "For the sake of my sin offering," his slaughter is unacceptable.52 If he had a sacrificial animal in his home and he slaughters, saying: "For the sake of a substitution for my sacrifice," his slaughter is unacceptable, for he substituted the animal [for the consecrated one].53
Halacha 20
When a woman slaughters54 for the sake of the burnt offering brought by a woman who gave birth, saying: "This is for the sake of my burnt offering," her slaughter is acceptable.55 [The rationale is that the obligation to bring] the burnt offering of a woman who gave birth cannot be initiated through a vow or through a pledge and this woman has not given birth and thus is not obligated to bring a burnt offering. We do not suspect that she had a miscarriage.56 For it will become public knowledge if a woman miscarries.57
When, by contrast, a person slaughters for the sake of a burnt offering brought by a Nazarite, his slaughter is unacceptable even if he is not a Nazarite. [The rationale is that] the fundamental dimension of being a Nazarite is a vow like other vows.58
Halacha 21
When two people hold a knife and slaughter, one has in mind an intent that would disqualify the slaughter and the other has nothing at all in mind - or even if he had in mind an intent that is permitted - the slaughter is unacceptable.59Similarly, if they slaughtered one after the other60 and one had an intent that disqualifies the slaughter, it is disqualified.
When does the above apply? When [the person with the undesirable intent] has a share in the animal. If, however, he does not have a share in the animal, it does not become forbidden. For a Jewish person does not cause something that does not belong to him to become forbidden. He is acting only to cause his colleague anguish.61
Halacha 22
When a Jew slaughters for a gentile, the slaughter is acceptable regardless of the thoughts the gentile has in mind.62 For we are concerned only with the thoughts of the person slaughtering and not the thoughts of the owner of the animal.63 Therefore when a gentile - even a minor64 - slaughters for the sake of a Jew, the animal he slaughters is a nevelah, as will be explained.65
| FOOTNOTES | |
| 1. |
This is the term the Sifri to the above verse and other Rabbinic texts use to describe ordinary meat in contrast to animals offered as sacrifices.
|
| 2. |
Since the slaughter was acceptable, the animal is not considered as a nevelah. Hence it does not impart ritual impurity.
|
| 3. |
See Hilchot Pesulei HaMekudashim 19:13-14.
|
| 4. |
Without intending to partake of the meat. I.e., using the meat for this or the following purposes is forbidden.
|
| 5. |
For the prohibition is only against slaughtering ordinary animals in the Temple courtyard, for this resembles the slaughter of the sacrifices (Kessef Mishneh). Since none of the above actions are considered as ritual slaughter, they do not cause the animal to become forbidden.
|
| 6. |
The Rashba (as quoted by the Kessef Mishneh) questions the Rambam's ruling, stating that the prohibition applies only to fruit that resemble the first fruits and bread that resembles the loaves of the Thanksgiving offering.
|
| 7. |
Since the prohibition is not explicitly mentioned in the Torah, he is not liable for lashes - as appropriate for the violation of an explicit Scriptural prohibition (Kessef Mishneh). Nevertheless, since the source for the prohibition is a Scriptural verse, it has the weight of a Scriptural commandment. Others, however, interpret the Rambam as implying that the prohibition is entirely Rabbinic. The verse cited previously is merely an asmachta.
The above applies to the prohibition against slaughetring in the Temple Courtyard. With regard to partaking of the meat, all authorities agree that the prohibition is Rabbinic in origin. See Hilchot Ma'achalot Assurot 16:6.
|
| 8. |
As stated in Hilchot Ma'achalot Assurot 5:13-14, when a pregnant animal is slaughtered, the fetus it is carrying is considered as one of its limbs. Even if it lives, it does not have to be slaughtered again; the slaughter of its mother causes it to be permitted.
In this instance, the mother may not be slaughtered outside the Temple courtyard. Since there is no other way for the fetus to be permitted, the slaughter of the mother inside the Temple courtyard does not cause it to be forbidden.
|
| 9. |
I.e., pour the blood directly into.
|
| 10. |
In his Commentary to the Mishnah (Chullin 2:9), the Rambam writes that we suspect that the person worships "the element of water," water in its pure elemental state and not the water before us.
|
| 11. |
In this context also, the Rambam (ibid.) explains that we fear he is worshipping the power that controls the image seen in the water.
|
| 12. |
Shulchan Aruch (Yoreh De'ah 11:3) writes that we fear that onlookers will say that he is collecting blood to offer it to false deities.
|
| 13. |
Shulchan Aruch (Yoreh De'ah 12:2) mentions this ruling, but also the ruling of the Rashba that, after the fact, the slaughter is permitted. The Rama rules that, in the present age, when pagan rites are uncommonly practiced, one may rely on the more lenient view.
|
| 14. |
As long as he is not slaughtering directly into the water, it does not appear that he is worshipping it.
|
| 15. |
And thus the knife was above its neck.
|
| 16. |
See Chapter 1, Halachah 19.
|
| 17. |
The Turand the Shulchan Aruch (Yoreh De'ah 6:4) rule that slaughtering an animal in such a manner is unacceptable even if the slaughterer states that he is certain the animal's throat was not pierced in this manner. The rationale is that an animal's head is heavy and its weight will most likely cause its throat to be pierced.
|
| 18. |
Chapter 3, Halachah 11. Even though the throat of the animal is cut, it is not considered ritual slaughter. Ritual slaughter involves bringing the knife back and forth across the neck or bringing the neck back and forth across the knife. Any other act that cuts its throat is not acceptable.
|
| 19. |
Since a fowl is light, the slaughterer can hold it securely and maneuver it back and forth over the knife without difficulty. See Chullin 16b.
|
| 20. |
Provided the slaughter of the animal is accomplished in that one action. If the slaughterer lifts the knife, that disqualifies the slaughter.
|
| 21. |
The Shulchan Aruch (Yoreh De'ah 24:2) requires that a knife be of this length even if one does not cut off the animal's head.
|
| 22. |
For it is not feasible that passing a knife the length of the animal's neck alone will be sufficient to slice off its head in one motion [Shulchan Aruch (loc. cit.)]. Hence, we must assume that the animal's head was severed by pressing the knife against the neck. This disqualifies the slaughter as stated in Chapter 3, Halachah 11.
|
| 23. |
He cut in a slant, cutting the windpipe at an angle and continuing to descend at that angle and cutting the gullet.
|
| 24. |
The Kessef Mishneh interprets this as meaning that the person cut in several places on the signs. Others interpret it as meaning a cut that slants back and forth (Turei Zahav 21:3).
|
| 25. |
In contrast to the slaughter of sacrificial animals (see Hilchot Pesulei HaMukdashim 1:3).
|
| 26. |
Here, we are not speaking about refined spiritual intentions; the Rambam is stating that even if the person slaughters the animal without paying attention to what he is doing or even if he had no intent to slaughter it, the slaughter is acceptable.
|
| 27. |
Since the deed is significant and not the intent.
|
| 28. |
While he is intoxicated, he may reach the point where he is no longer able to control his conduct. See Shulchan Aruch (Yoreh De'ah 1:8).
|
| 29. |
The others must watch. Otherwise, there is no way that we can insure that the slaughter is acceptable. Indeed, if such a person slaughters in private, the slaughter is disqualified [Rama (Yoreh De'ah 1:5)].
|
| 30. |
This applies only after the fact [Radbaz; see Shulchan Aruch (Yoreh De'ah 1:5)]. At the outset, only a person fully in control of his intellect and emotions should be entrusted with ritual slaughter.
|
| 31. |
On its own accord or because of the wind. If, however, a person pushed the knife, since it was set in motion by human action, the slaughter is acceptable (Chullin 31a).
|
| 32. |
For the animal was slaughtered by the power of the water and not by human power.
|
| 33. |
Shulchan Aruch (Yoreh De'ah 7:1) rules that the slaughter is acceptable only after the fact. At the outset, one should not slaughter in this manner. The Siftei Cohen 7:1 states that this is the Rambam's opinion with regard to the first clause of the halachah as well.
|
| 34. |
It is forbidden to partake of the animal, because this resembles bringing a sacrifice to a false deity. Nevertheless, since one is bringing the offering for a particular purpose and not in actual worship of the false deity, it is not forbidden to benefit from the animal (Kessef Mishneh).
|
| 35. |
This is the translation of the Hebrew term mazal; i.e., the person is not worshipping the material entity but the spiritual source from which its existence emanates.
|
| 36. |
For this is considered as worshipping a false deity.
|
| 37. |
See Hilchot Ma'achalot Assurot 11:1; Hilchot Avodat Kochavim 7:2.
|
| 38. |
He is not slaughtering the animal itself for the sake of the false deity - in which instance, there would be no question that it is forbidden - but, nevertheless, at the time of slaughter, he does intend to offer its blood or fats to the false deity.
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| 39. |
In Chapter 15, Halachah 10, of those halachot, the Rambam writes that one who slaughters a sacrificial animal with the proper intent for the sake of sprinkling its blood or burning its fats for an improper intent, the slaughter is unacceptable.
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| 40. |
The Turei Zahav 4:2 writes that according to the Rambam, because of the doubt, it is forbidden to benefit from the animal. Others (see also Siftei Cohen 4:2) rule that it is forbidden to partake of the animal's meat, but one may benefit from it.
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| 41. |
As indicated in the following halachah, there are certain sacrifices that a person may offer on his own initiative. Since he has not actually consecrated the animal, the prohibition against sacrificing consecrated animals outside the Temple does not apply according to Scriptural Law. Nevertheless, because of the impression created, our Sages forbade the slaughter of an animal for that intent (Maggid Mishneh). The Tur (Yoreh De'ah 5), however, states that we fear that he might have consecrated it, implying that there is a question of a Scriptural prohibition involved.
The Shulchan Aruch (Yoreh De'ah 5:1) rules that this law applies even when the slaughtered animal has a blemish which would disqualify it as a sacrifice, for there are times when a person will conceal the blemish.
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| 42. |
From the fact that the Shulchan Aruch (Yoreh De'ah, sec. 7) quotes this and the following halachot, we see that these laws also apply in the present age although the Temple is destroyed. See the conclusion of the gloss of the Maggid Mishneh to Halachah 20 which mentions a difference of opinion concerning this matter.
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| 43. |
As indicated in the following halachah, there are other sacrifices for which a person may consecrate an animal only when he is required to bring that offering. He may not pledge such a sacrifice on his own initiative.
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| 44. |
Since he cannot consecrate animals for such offerings, we do not worry about the impression that may be created. On the contrary, an onlooker will consider the person's statements facetious (Siftei Cohen 5:4)
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| 45. |
For these are sacrifices that a person can consecrate on his own initiative. Hence slaughtering an animal for this purpose is forbidden as stated in the previous halachah.
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| 46. |
Seemingly, the Paschal offering does not resemble the others for it is an obligation incumbent on a person and can be brought only on the fourteenth of Nisan (Chullin 41b). Nevertheless, it is placed in this category for the reason explained by the Rambam.
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| 47. |
The instance of a doubtful guilt offering is debated in Chullin, loc. cit., without the Talmud reaching a definite conclusion concerning the matter. The Shulchan Aruch (Yoreh De'ah, loc. cit.) quotes the Rambam's view. The Tur and the Rama, however, follow the view that a person can consecrate a doubtful guilt offering on his own initiative and hence, forbid ritual slaughter for this intent.
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| 48. |
For a firstborn animal is consecrated by birth; a person cannot consecrate it through his statements.
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| 49. |
For the tithe offerings are consecrated through the tithing rite; a person cannot consecrate it through his statements.
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| 50. |
For unless a person has a consecrated animal at home, there is no reason that an onlooker might think that the substitution is of consequence (Chullin, loc. cit.).
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| 51. |
For these are sacrifices that a person cannot consecrate unless he is required to.
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| 52. |
Rashi (Chullin, loc. cit.) explains that when a person is liable to bring a sin offering, he makes the matter known so that he will be embarrassed and thus further his atonement. Therefore the onlookers will know of his obligation and will not regard his statements as facetious.
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| 53. |
From the Rambam's words, it would appear that this is not merely a Rabbinical safeguard, but that his statements bring about a substitution (temurah) of the animal and he is liable for slaughtering it outside the Temple courtyard.
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| 54. |
As stated in Chapter 4, Halachah 4, a woman may slaughter animals. And since she may slaughter ordinary animals, her slaughter of sacrificial animals would be acceptable. Note, however, the Rambam's Commentary to the Mishnah (Chullin 2:10) which speaks about a man slaughtering an animal on behalf of a woman.
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| 55. |
Since this offering cannot be brought on a person's own initiative, her statements are considered facetious.
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| 56. |
A woman who miscarries is also obligated to bring such a burnt offering.
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| 57. |
The word here matches the Rambam's statements in the revised text of his Commentary to the Mishnah (loc. cit.) as published by Rav Kappach. The Rambam's original text - and the version of his Commentary to the Mishnah commonly circulated - present an entirely different conception of this halachah.
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| 58. |
Hence we suspect that perhaps he took a Nazarite vow in private and the matter has not become known (Kessef Mishneh, Lechem Mishneh).
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| 59. |
Since his activity in slaughtering the animal was significant, his intent is also of consequence.
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| 60. |
I.e., without waiting; thus the slaughter is not disqualified.
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| 61. |
He makes such statements to make it appear that the slaughter is unacceptable so that his colleague will suffer anguish. Nevertheless, his statements have no effect. The Rambam's view is quoted by the Shulchan Aruch (Yoreh De'ah 5:3). The Tur and the Rama states that there are opinions which forbid the slaughter regardless of whether the other person has a share in the animal or not because of the impression that is created.
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| 62. |
I.e., even if the gentile considers it as a sacrifice to a false deity.
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| 63. |
See Hilchot Pesulei HaMukdashim 14:1.
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| 64. |
Who is to young to be involved in the worship of false deities.
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| 65. |
As stated in Chapter 4, Halachot 11-12, the gentile's slaughter is not considered halachicly significant and it is as if the animal died without being slaughtered.
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Malveh veLoveh - Chapter 16
Halacha 1
The debt is the responsibility of the borrower until he pays the lender or the lender's agent. If the lender said: "Throw the money owed to me and become freed of responsibility," the borrower threw it to him, and it became lost or destroyed by fire before it reaches the lender, the borrower is not responsible.
The following rules apply if the lender told him: "Throw the money owed to me in a manner governed by the laws of a bill of divorce." If the money was closer to the borrower, it is still his responsibility. If it was closer to the lender, the borrower is no longer responsible. If it is half and half, and it is lost or stolen from there, the borrower is required to pay half of the debt.
Halacha 2
When Reuven owes Shimon a maneh, gives the maneh to Levi and tells him: "Give this maneh that I owe Shimon to him," Reuven may not retract. Nevertheless, he is held responsible for the maneh until it reaches Shimon.
If Levi returned the maneh to Reuven, they are both responsible for it until Shimon receives full payment for the debt owed him.
Halacha 3
A transfer of a debt is rescinded in the following situation. Reuven owed Shimon a maneh. Shimon told Reuven: "Take the maneh that you owe me and give it to Levi." Since the three were standing together and Levi agreed, the transfer would ordinarily be binding. Nevertheless, if it is discovered that Reuven is poor and does not have the resources to pay, Levi can ask Shimon for payment of the debt, for he deceived him.
If Levi knew ' that Reuven was poor at that time or Reuven was rich at that time and became impoverished afterwards, Levi cannot demand payment from Shimon, for he accepted the transfer.
If Levi argues that Reuven was poor at the time and Shimon deceived him, and Shimon maintains that he was wealthy and later became impoverished, it appears to me that Shimon must bring proof of his claim. Only then is he freed of responsibility from the debt he owes Levi. This is no different from an instance where he has a receipt in his hand, and we tell him: "Prove the authenticity of your receipt, and then you will be freed of responsibility."
Halacha 4
We already explained the following concept in the laws of business transactions. These laws apply when Reuven was not owed anything by Shimon, but did owe a maneh to Levi. If he told Levi to collect the debt from Shimon - even if he made that statement in the presence of the three of them -it is not binding. If Shimon does not desire to pay Levi, he need not. If, however, he does pay him, he may collect the money from Reuven, since he paid him because of his instructions.
Similarly, if Levi desires to retract and say: "I do not desire to collect the debt from Shimon," he may collect the debt from Reuven. This applies even if he collected a portion of the debt from Shimon; he may collect the remainder from Reuven.
Halacha 5
The following laws apply with regard to a store-keeper who would give a house-owner anything he desires on credit, postponing payment until the entire amount reaches a substantial sum, at which time he would pay him.
The employer says: "Give my workers a sela..." or "... my creditor the manehthat I owe him and I will repay you." Afterwards, the storekeeper said: "I gave the money you instructed me to give," and the worker or the creditor says: "I did not receive it." The worker or the creditor must take an oath; he may then collect the debt owed him from the employer. Similarly, the store-keeper may take an oath and collect what he claims from the employer, for he told him to pay that money.
The worker must take the oath in the presence of the storekeeper, and the storekeeper must do so in the presence of the worker or the creditor, so that they will be embarrassed by each other. Similar laws apply in all analogous situations.
This oath is a Rabbinical ordinance, administered while the person holds a sacred article, because both claimants are coming to collect money. Therefore, if the storekeeper dies, the creditor may collect the debt without taking an oath. Similarly, if the worker or the creditor dies, the storekeeper may collect the claim he makes without taking an oath. The rationale is that in such a situation the employer is not losing anything and is making payment only once.
Halacha 6
When the store-keeper says: "You told me to give this person a maneh," or "You commanded me and told me, 'If so-and-so comes, give him,'" and the employer claims: "I did not tell you," the employer must take a sh'vuat hesset to support his claim. He is then freed of responsibility. The store-keeper should then lodge a suit against the person he claims to have paid.
Similarly, if a storekeeper tells an employer with whom he has a credit arrangement: "It is written in my account book that you owe me a maneh" and the employer says: "I don't know," the employer must take a sh'vuat hesset that he does not know. He is then freed of responsibility, as is the law with regard to any situation where one person lodges a claim against another. There is no Rabbinical ordinance governing such a situation.
Halacha 7
When Reuven produces a promissory note that states that Shimon owes a debt to Levi, and claims that Shimon gave it to him by signing a deed acknowledging the transfer and giving it to him, but that the deed of transfer was lost, or he claims that Levi transferred the promissory note to him via the acquisition of land, he may collect the debt from Shimon. The rationale is that Reuven is in possession of the promissory note.
If Shimon claims that he paid Levi and demands that an oath be taken, Levi must take an oath to Shimon. Afterwards, Reuven may collect the debt. If Levi admits that Shimon paid him, Levi must pay Reuven. If Levi claims that he neither sold nor gave the promissory note to Reuven, Levi is required to take ash'vuat hesset and is then freed of responsibility.
Halacha 8
When a promissory note is in the hands of a third party, and he produces it in a court of law and says: "It has been paid," his word is accepted. This applies even if the authenticity of the note has been verified. The rationale is that if he had desired, he could have burned it or torn it.
Similarly, if the third party died, and a note is found in his possession stating that the promissory note entrusted to him has been paid, we consider it paid. This applies even though the note stating the debt was paid is not signed by witnesses.
When, by contrast, a note is found in the creditor's possession that a particular promissory note has been paid, even if the note stating that the debt was paid is in the creditor's handwriting, it is considered to be merely facetious.
Halacha 9
If witnesses signed the note discovered in the creditor's possession, when their signatures have been verified, the note is considered paid. If their signatures have not been verified, the witnesses who signed the receipt should be interrogated. If they do not know of the matter or if they are not present to be asked, the receipt is ignored, because it was found in the possession of the lender or his heirs.
Halacha 10
If the promissory note mentioned in the note that was discovered was found among the promissory notes belonging to the lender that have been paid, we assume that it was paid, even if the note that was found was not signed by witnesses.
Similarly, if it is written on the promissory note itself - whether on its front or back, or even on only a portion of it - that this promissory note or a portion of it was paid, we follow those statements. This applies even though witnesses did not sign the statement, and the promissory note is in the possession of the lender. For if the promissory note had not been paid, he would not have written on the note itself.
Halacha 11
When a person finds a promissory note among his other legal documents and he does not know its status, it should remain in his possession until Eliyahu comes.
Halacha 12
When a person tells his sons: "One of the promissory notes among my promissory notes has been paid and I don't know which one it is," all of the promissory notes are considered paid. If there are two promissory notes from one person, the greater one is considered paid and the lesser one is considered unpaid.
If a person tells a colleague: "One of your promissory notes in my possession has been paid," the greater one is considered to be paid and the lesser one is considered to be unpaid. If he tells him: "The debt you owe me has been paid," all of the promissory notes he has against him are considered paid.
Malveh veLoveh - Chapter 17
Halacha 1
The following laws apply when a lender dies and his heir comes and demands payment from a borrower, because of the promissory note for which he is liable. If the borrower claims: "I paid your father," and the heir says: "I don't know whether you did or not," we tell the borrower: "Arise and pay him."
If the borrower demands: "Take an oath for me," the heir should take an oath, while holding a sacred object, that his father did not instruct him via another person that the debt was paid, that he did not tell him this verbally, and that he did not find a note saying that this promissory note was paid among his father's legal documents. After taking this oath, he may collect the debt.
Halacha 2
If the borrower died after the lender died, and the lender's heir comes and demands payment from the borrower's heir, he may not collect payment unless he takes an oath. We tell him: "Take an oath that 'My father did not instruct me...,' 'My father did not tell me...,' 'I did not find a note saying that this promissory note was paid among my father's legal documents.'"
Even if the heir was a baby lying in a cradle when his father died, he must take this oath and collect. If the lender made a statement immediately before his death that this promissory note has not been paid, the lender's heir need not take an oath before exacting payment. This applies even if he is collecting payment] from the heir.
Halacha 3
If, however, the borrower died first and then the lender died, the lender's heirs may not collect anything from the borrower's heirs. The rationale is that when the borrower died, the lender became obligated to take an oath before collecting, as we have explained in the previous halachah. He has already died, and a person does not bequeath an oath to his sons. For they are unable to take an oath that their father was not paid anything.
Nevertheless, if a judge transgressed and required the lender's heirs to take an oath and enabled them to collect their debt, the money that they collected should not be expropriated from their possession. Therefore, a promissory note that is used as the basis for a claim by the heirs of a lender who seek to collect from the heirs of a borrower when the borrower died first, should not be torn, nor should it be used to expropriate money.
It should not be used to expropriate money, because a person does not bequeath an oath to his sons, as explained. It should not, however, be torn, lest there be a judge who will expropriate money because of it.
Halacha 4
In the situation described above, even if the debt was secured by a guarantor, the lender's heirs should not expropriate the debt from the guarantor. The rationale is that if they are told to collect the debt from the guarantor, the guarantor will go and seek payment from the borrower's heirs.
Halacha 5
Extrapolation is not made from this law to a similar instance. Instead, when a person who impairs the legal power of a promissory note then dies -although he is not entitled to collect the debt unless he takes an oath - his children may take an oath that their father did not instruct them..., their father did not tell them..., they did not find a note saying that this promissory note was paid in its entirety among his father's legal documents. They may then collect the remainder of the sum stated in the promissory note from the lender or from his heirs.
Halacha 6
When a lender's heir comes to collect payment of a promissory note from the borrower's heirs and the latter say: "Our father told us: 'I did not borrow the money mentioned in this debt,'" the lender's heirs may collect the debt without taking an oath. The rationale is that whenever a person says "I did not borrow," it is as if he says: "I did not pay."
Similarly, when the lender himself comes to collect payment from the heirs of a borrower, and they say: "Our father told us: 'I did not borrow the money mentioned in this debt,'" the lender may collect the debt without taking an oath. This applies even if in the promissory note the lender stated that he would accept the borrower's word whenever he claims to have paid the debt. For in this instance as well, we follow the rationale that whenever a person says "I did not borrow," it is as if he says: "I did not pay."
Halacha 7
The following laws apply when the lender's heir comes and demands payment from a borrower on the basis of a promissory note that contains a stipulation that the borrower's word will be accepted, whenever the borrower says: "I paid the debt." He is required to take a sh'vuat hesset that he paid this debt and is freed of liability. This applies even if the stipulation does not state: "Your word will be accepted against a claim issued by my heirs." The rationale is that the very basis of the promissory note depends on this stipulation.
If the stipulation states that the borrower's word would be accepted without an oath, he is not required to take an oath, even to the lender's heirs.
Halacha 8
The following laws apply when the lender's heir is below majority, he possesses a promissory noted owed to his father, but a receipt for this note was produced after the father's death. We do not rip up the promissory note, nor do we allow payment to be expropriated on its basis until the heir reaches majority. The rationale is that it is possible that the receipt is a forgery. That possibility is reinforced by the fact that the borrower did not produce it during the lender's lifetime.
Halacha 9
When a person produces a promissory note against a colleague, stating that it was composed in Babylonia, he collects the debt in the coinage of Babylonia. If the promissory note was written in Eretz Yisrael, he should collect the debt in the coinage of Eretz Yisrael. This is not the case with regard to a ketubah
The following rules apply when the promissory note did not state the place where it was composed. If the lender produced it in Babylonia, he should collect the debt in the coinage of Babylonia. If he produced it in Eretz Yisrael, he should collect the debt in the coinage of Eretz Yisrael. If the lender sought to collect the debt in the coinage of the place where he produced the promissory note, and the borrower protested, claiming that he is obligated to pay in a coinage that is worth less than the local coinage, the lender should support his claim with an oath. He may then collect the debt. If the promissory note states that money is owed without any more specifics, the lender may collect only what the borrower agrees to pay.
From these laws, we can derive the following principles: A legal document that does not mention the place where it was composed is acceptable for all matters. Similarly, a legal document that is not dated is acceptable, even though it is testimony that cannot be nullified through hazamah. The rationale is that in financial laws, we are not stringent and do not subject the witnesses to precise cross-examination and interrogation, as will be explained. This leniency was adopted so as not to prevent loans from being granted. For this reason, post-dated promissory notes are acceptable, although the testimony of the witnesses who signed cannot be nullified through hazamah as will be explained in the appropriate place.
Malveh veLoveh - Chapter 18
Halacha 1
When a person lends money to a colleague without any stipulations, all of the borrower's property is on lien and bound to the debt. Therefore, when the lender comes to collect his debt, he should demand payment from the debtor first. If the debtor does not have money, but is in possession of either landed or movable property, he may collect the debt from them with the borrower's consent. If the borrower did not give the property willingly, the lender should have the property expropriated by the court.
If the property in the borrower's possession was not equal in value to the amount stated in the promissory note, the lender may expropriate the debt from all the property that was in the borrower's possession, even though it is now sold or given as presents to others. The rationale is that since the borrower sold or gave away the property after it was subjugated to the lien of this debt, he may expropriate the property from the possession of purchasers or the recipients of the presents. This is called being toreif.
To what does the above apply? To landed property in the borrower's possession at the time of the loan. Property that the borrower acquired after the loan was given, by contrast, is not automatically on lien to the creditor, and he may not expropriate it from purchasers. If, however, the lender established the stipulation that all the property that the borrower will acquire afterwards will be on lien for him to collect the debt from it, property that the borrower acquired after taking the loan and subsequently sold or gave away may be expropriated by a creditor.
Halacha 2
The above statements apply only to landed property. Movable property that has been sold, by contrast, is not on lien to a debt. Even property in the borrower's possession at the time of the loan may not be expropriated by his creditor.
If the debtor transferred a lien to all his movable property by virtue of the lien on landed property so that the creditor can expropriate everything, he may expropriate that movable property. This applies only when he writes in the promissory note: "I have transferred to you a lien on my movable property by virtue of the lien on my landed property. This is not an asmachta, nor is this a standard form of a legal document."
Similarly, he may write: "All of the property that I will purchase in the future, whether landed property or movable property, is on lien to you so that you can expropriate payment from it, and the lien on my movable property is transferred to you by virtue of the lien on my landed property, so that you can expropriate payment from them. This is not an asmachta, nor is this a standard form of a legal document." In such an instance, the creditor may expropriate even the movable property that the borrower purchased after he borrowed the money. The rationale is that any stipulation made concerning a financial transaction is binding.
Halacha 3
The following laws apply when a person designates a field of his as an ipotiki for a creditor for a debt, or for a woman for her ketubah - i.e., he composed a legal document stating that they should collect payment from that source - and a river flooded the field. The creditor may expropriate other property as payment for the debt. If, however, it was stipulated that he should not derive payment from any place other than this, he should not expropriate other property.
Similarly, if a person borrowed money and explicitly stipulated that his property is not on lien to the debt, the creditor may never collect this debt from property that has been sold to others.
Halacha 4
When a person designates a field of his as an ipotiki for a creditor for a debt, or for a woman for her ketubah and then sells it, the sale is binding. If when the creditor comes to collect his debt, he does not find any property that has not been sold, he may expropriate the field that had been designated from the person who purchased it.
When does the above apply? When the debtor sold the field for a limited amount of time. If, however, he desired to sell it forever, the sale is not binding.
Halacha 5
When a person designates a servant as an ipotiki, a creditor can expropriate the servant in payment of the debt even if he was sold to another person. ' The rationale is that the matter will be publicized. If he designates his cow as anipotiki, a creditor may not expropriate the cow. The same ruling applies with regard to other movable property, for the matter will not be publicized.
Halacha 6
When a master designates his servant as an ipotiki and then frees him, he obtains his freedom. This applies even if he wrote in the promissory note: "You will not receive payment from any source but this."
Similar rules apply if he consecrates the servant. The rationale is that [the prohibition against leaven, freeing a servant and consecration remove the lien from an article.
The creditor may collect his debt from the debtor. If he does not have the means to pay him, he must compose a promissory note acknowledging his debt, and with that promissory note he can expropriate property that was sold by the debtor after the date of this second promissory note.
Why is he obligated to pay the debt? Because he caused his colleague's money to be lost. And whenever a person causes a colleague a loss, he must make financial restitution, as explained in the appropriate place.
We also compel the servant's second master to free him as well. This is a measure enacted for the correction of society, lest the creditor encounter the servant in the marketplace at a later time and say: "You are my slave."
Halacha 7
When a person consecrates his property, the creditor cannot expropriate the property from the Temple treasury, for the consecration of property lifts the lien from it.
When the property is redeemed from the Temple treasury, we estimate how much a person would desire to give for this field, so that the creditor will be paid his due, or the woman the money due her by virtue of her ketubah. Therefore, when the field is redeemed and becomes unconsecrated property in the possession of the purchaser, the creditor can come and expropriate his debt from it, or the woman can take it as payment for the money due her by virtue of her ketubah, as we have explained in Hilchot Arachin.
Halacha 8
When a creditor comes to expropriate a field from the purchaser, if the purchaser has money in his possession, he may eliminate the creditor's claim by paying him the money for which he is expropriating the field. The purchaser then demands repayment from the seller. If, however, the debtor had designated the field as an ipotiki, the purchaser may not eliminate the creditor's claim by paying him.
Halacha 9
The purchaser is also given the upper hand in the following situation: Reuven owed Shimon 200 zuz. Reuven owned two fields. He sold one to Levi for amaneh, and then sold him the other one for a second maneh. Shimon expropriated one for a maneh and then sought to expropriate the other for the second maneh that was owed him. Levi brought 200 zuz in coin and told Shimon: "If you desire to consider the field that you already expropriated as payment for the entire 200 zuz that you are owed, that is acceptable. If not, here are the 200 zuz of the debt; rescind your claim." Levi is given the upper hand.
If Shimon accepted Levi's proposition and kept the one field, Levi cannot demand payment from Reuven for more than one maneti, despite the fact that Shimon accepted it as compensation for 200 zuz.
Halacha 10
The creditor, by contrast, is given the upper hand in the following situation. Reuven owed Shimon 200 zuz. Reuven died and left one field that was worth 100 zuz. Shimon came and expropriated it. The orphans gave Shimon 100 zuzworth from the movable property that their father left, and thus removed Shimon from it. Shimon may, however, return and expropriate it for the remainder of his debt. The rationale is that by giving him the 100 zuz, they performed a mitzvah, for it is a mitzvah for heirs to pay their father's debt.
If the heirs told Shimon: "This 100 is for the field you expropriated," he cannot come back and expropriate it again for the remainder of the money owed him
• Shabbat, Tishrei 27, 5776 · 10 October 2015
"Today's Day"
Tuesday Tishrei 27 5704
Torah lessons: Chumash: Noach, Shlishi with Rashi.
Tehillim: 120-134.
Tanya: Now is it known (p. 537) ...below the earth. (p. 539).
Torah and mitzvot encompass man from the instant of emergence from his mother's womb1 until his final time comes. They place him in a light-filled situation, with healthy intelligence and acquisition of excellent moral virtues and upright conduct - not only in relation to G-d but also in relation to his fellow-man. For whoever is guided by Torah and the instructions of our sages has a life of good fortune, materially and in spirit.
FOOTNOTES
1. Compare Tehillim 22:10.
Daily Thought:
Miracles
At every moment, in each thing, a miracle occurs far transcendent of even the splitting of the Red Sea: Existence is renewed out of the void, and a natural order is sustained where there should be chaos.
Indeed, it is not the miracle that is wondrous, but the natural order. Does anyone have a good reason why gravity should behave today the way it behaved yesterday? Does anyone have a good reason why there should be anything at all?[Shaar HaYichud VehaEmunah, chapter 2.]
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