Today in Jewish History:
• Assassination of Prime Minister Yitzhak Rabin (1995)
Yitzhak Rabin, Commander-in-Chief of the IDF during the Six Day War and later Prime Minister of Israel, was assassinated on this date in 5756 (1995).
Link:
Articles on Yitzhak Rabin’s relationship with the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory and Chabad.
Daily Quote:
How goodly are thy tents, O Jacob, and thy dwellings, O Israel![The Moabite prophet Balaam on the people of Israel, Numbers 24:5-6]
Daily Study:Chumash: Vayeira, 1st Portion Genesis 18:1-18:14 with Rashi
• English / Hebrew Linear Translation | Video Class
• Genesis Chapter 18
1Now the Lord appeared to him in the plains of Mamre, and he was sitting at the entrance of the tent when the day was hot. אוַיֵּרָ֤א אֵלָיו֙ יְהֹוָ֔ה בְּאֵֽלֹנֵ֖י מַמְרֵ֑א וְה֛וּא ישֵׁ֥ב פֶּֽתַח־הָאֹ֖הֶל כְּחֹ֥ם הַיּֽוֹם:
2And he lifted his eyes and saw, and behold, three men were standing beside him, and he saw and he ran toward them from the entrance of the tent, and he prostrated himself to the ground. בוַיִּשָּׂ֤א עֵינָיו֙ וַיַּ֔רְא וְהִנֵּה֙ שְׁלשָׁ֣ה אֲנָשִׁ֔ים נִצָּבִ֖ים עָלָ֑יו וַיַּ֗רְא וַיָּ֤רָץ לִקְרָאתָם֙ מִפֶּ֣תַח הָאֹ֔הֶל וַיִּשְׁתַּ֖חוּ אָֽרְצָה:
3And he said, "My lords, if only I have found favor in your eyes, please do not pass on from beside your servant. גוַיֹּאמַ֑ר אֲדֹנָ֗י אִם־נָ֨א מָצָ֤אתִי חֵן֙ בְּעֵינֶ֔יךָ אַל־נָ֥א תַֽעֲבֹ֖ר מֵעַ֥ל עַבְדֶּֽךָ:
4Please let a little water be taken, and bathe your feet, and recline under the tree. דיֻקַּח־נָ֣א מְעַט־מַ֔יִם וְרַֽחֲצ֖וּ רַגְלֵיכֶ֑ם וְהִשָּֽׁעֲנ֖וּ תַּ֥חַת הָעֵֽץ:
5And I will take a morsel of bread, and sustain your hearts; after[wards] you shall pass on, because you have passed by your servant." And they said, "So shall you do, as you have spoken." הוְאֶקְחָ֨ה פַת־לֶ֜חֶם וְסַֽעֲד֤וּ לִבְּכֶם֙ אַחַ֣ר תַּֽעֲבֹ֔רוּ כִּֽי־עַל־כֵּ֥ן עֲבַרְתֶּ֖ם עַל־עַבְדְּכֶ֑ם וַיֹּ֣אמְר֔וּ כֵּ֥ן תַּֽעֲשֶׂ֖ה כַּֽאֲשֶׁ֥ר דִּבַּֽרְתָּ:
6And Abraham hastened to the tent to Sarah, and he said, "Hasten three seah of meal [and] fine flour; knead and make cakes." ווַיְמַהֵ֧ר אַבְרָהָ֛ם הָאֹ֖הֱלָה אֶל־שָׂרָ֑ה וַיֹּ֗אמֶר מַֽהֲרִ֞י שְׁל֤שׁ סְאִים֙ קֶ֣מַח סֹ֔לֶת ל֖וּשִׁי וַֽעֲשִׂ֥י עֻגֽוֹת:
7And to the cattle did Abraham run, and he took a calf, tender and good, and he gave it to the youth, and he hastened to prepare it. זוְאֶל־הַבָּקָ֖ר רָ֣ץ אַבְרָהָ֑ם וַיִּקַּ֨ח בֶּן־בָּקָ֜ר רַ֤ךְ וָטוֹב֙ וַיִּתֵּ֣ן אֶל־הַנַּ֔עַר וַיְמַהֵ֖ר לַֽעֲשׂ֥וֹת אֹתֽוֹ:
8And he took cream and milk and the calf that he had prepared, and he placed [them] before them, and he was standing over them under the tree, and they ate. חוַיִּקַּ֨ח חֶמְאָ֜ה וְחָלָ֗ב וּבֶן־הַבָּקָר֙ אֲשֶׁ֣ר עָשָׂ֔ה וַיִּתֵּ֖ן לִפְנֵיהֶ֑ם וְהֽוּא־עֹמֵ֧ד עֲלֵיהֶ֛ם תַּ֥חַת הָעֵ֖ץ וַיֹּאכֵֽלוּ:
9And they said to him, "Where is Sarah your wife?" And he said, "Behold in the tent." טוַיֹּֽאמְר֣וּ אֵלָ֔יו אַיֵּ֖ה שָׂרָ֣ה אִשְׁתֶּ֑ךָ וַיֹּ֖אמֶר הִנֵּ֥ה בָאֹֽהֶל:
10And he said, "I will surely return to you at this time next year, and behold, your wife Sarah will have a son." And Sarah heard from the entrance of the tent, and it was behind him. יוַיֹּ֗אמֶר שׁ֣וֹב אָשׁ֤וּב אֵלֶ֨יךָ֙ כָּעֵ֣ת חַיָּ֔ה וְהִנֵּה־בֵ֖ן לְשָׂרָ֣ה אִשְׁתֶּ֑ךָ וְשָׂרָ֥ה שֹׁמַ֛עַת פֶּ֥תַח הָאֹ֖הֶל וְה֥וּא אַֽחֲרָֽיו:
11Now Abraham and Sarah were old, coming on in years; Sarah had ceased to have the way of the women. יאוְאַבְרָהָ֤ם וְשָׂרָה֙ זְקֵנִ֔ים בָּאִ֖ים בַּיָּמִ֑ים חָדַל֙ לִֽהְי֣וֹת לְשָׂרָ֔ה אֹ֖רַח כַּנָּשִֽׁים:
12And Sarah laughed within herself, saying, "After I have become worn out, will I have smooth flesh? And also, my master is old." יבוַתִּצְחַ֥ק שָׂרָ֖ה בְּקִרְבָּ֣הּ לֵאמֹ֑ר אַֽחֲרֵ֤י בְלֹתִי֙ הָֽיְתָה־לִּ֣י עֶדְנָ֔ה וַֽאדֹנִ֖י זָקֵֽן:
13And the Lord said to Abraham, "Why did Sarah laugh, saying, 'Is it really true that I will give birth, although I am old?' יגוַיֹּ֥אמֶר יְהֹוָ֖ה אֶל־אַבְרָהָ֑ם לָ֣מָּה זֶּה֩ צָֽחֲקָ֨ה שָׂרָ֜ה לֵאמֹ֗ר הַאַ֥ף אֻמְנָ֛ם אֵלֵ֖ד וַֽאֲנִ֥י זָקַֽנְתִּי:
14Is anything hidden from the Lord? At the appointed time, I will return to you, at this time next year and Sarah will have a son." ידהֲיִפָּלֵ֥א מֵֽיהֹוָ֖ה דָּבָ֑ר לַמּוֹעֵ֞ד אָשׁ֥וּב אֵלֶ֛יךָ כָּעֵ֥ת חַיָּ֖ה וּלְשָׂרָ֥ה בֵֽן:
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Daily Tehillim: Chapters 66 - 68
• Hebrew text
• English text
• Chapter 66
This psalm describes the praises and awe-inspiring prayers that we will offer God upon the ingathering of the exiles.
1. For the Conductor, a song, a psalm. Raise your voices in jubilation to God, all the earth!
2. Sing the glory of His Name; make glorious His praise.
3. Say to God, "How awesome are Your deeds!" Because of Your great strength, Your enemies will [admit] their treachery to You.
4. All the earth will bow to You, and sing to You; they will sing praise to Your Name forever!
5. Go and see the works of God, awesome in His deeds toward mankind.
6. He turned the sea into dry land, and they passed through the river on foot; we rejoiced in Him there.
7. He rules the world with His might, and His eyes watch the nations; let the rebellious not exalt themselves, Selah.
8. Bless our God, O nations, and let the voice of His praise be heard.
9. He has kept us alive, and did not allow our feet to falter.
10. For You tested us, O God; You refined us as one refining silver.
11. You brought us into prison; You placed a chain upon our loins.
12. You mounted men over our head; we went through fire and water, and You brought us out to abundance.
13. I will enter Your House with burnt-offerings, I will pay to You my vows,
14. which my lips uttered and my mouth spoke in my distress.
15. I will offer up to You burnt-offerings of fat animals, with the smoke of rams; I will prepare cattle with he-goats, Selah.
16. Come listen, all you who fear God, and I will relate what He has done for my soul.
17. I called to Him with my mouth, with exaltation beneath my tongue.
18. Had I seen iniquity in my heart, my Lord would not have listened.
19. But in truth, God heard; He gave ear to the voice of my prayer.
20. Blessed is God Who has not turned away my prayer or His kindness from me.
Chapter 67
This psalm is known as an especially revered prayer. It, too, speaks of the era of the ingathering of the exiles, and the wars of Gog and Magog, a time when "the Lord will be One."
1. For the Conductor, a song with instrumental music, a psalm.
2. May God be gracious to us and bless us; may He make His countenance shine upon us forever,
3. that Your way be known on earth, Your salvation among all nations.
4. The nations will extol You, O God; all the nations will extol You.
5. The nations will rejoice and sing for joy, for You will judge the peoples justly and guide the nations on earth forever.
6. The peoples will extol You, O God; all the peoples will extol You,
7. for the earth will have yielded its produce, and God, our God, will bless us.
8. God will bless us; and all, from the farthest corners of the earth, shall fear Him.
Chapter 68
An awe-inspiring and wondrous prayer, David composed this psalm referring to a future event, when Sennacherib would surround Jerusalem on Passover, during the reign of Hezekiah. He also prophesies about the good we will enjoy during the Messianic era.
1. For the Conductor; by David, a psalm, a song.
2. Let God rise, let His enemies be scattered, and let His enemies flee before Him.
3. As smoke is driven away, drive them away; as wax melts before fire, let the wicked perish before God.
4. And the righteous will rejoice, they will exult before God and delight with joy.
5. Sing to God, chant praises to His Name; extol Him Who rides upon the heavens with His Name, Yah, and exult before Him.
6. A father of orphans and judge of widows is God, in the abode of His holiness.
7. God settles the solitary into a home, and frees those bound in shackles; but the rebellious [are left to] dwell in an arid land.
8. O God, when You went out before Your nation, when You marched through the wilderness, Selah,
9. the earth trembled, even the heavens dripped before the presence of God; this mountain of Sinai [trembled] before the presence of God, the God of Israel.
10. You poured generous rain, O God; when Your heritage was weary, You secured it.
11. Your flock settled there; in Your goodness, O God, You prepare for the poor.
12. My Lord will fulfill the word of the heralds to a great legion:
13. Kings of armies will flee, they will flee; and she who inhabits the home will divide the loot.
14. Even if you lie upon the hearth,1 [you will be like] wings of a dove covered with silver, her pinions with brilliant gold.
15. When the Almighty scatters kings in her midst, those in the shadow of darkness will be made snow-white.
16. The mountain of God is a fertile mountain, the mountain of majestic peaks is a fertile mountain.
17. Why do you prance, O mountains of peaks? This is the mountain God has desired as His dwelling; the Lord will even dwell there forever.
18. The chariots of God are twice ten thousand, [with] thousands of angels; my Lord is in their midst, at Sinai, in holiness.
19. You ascended on high and took a captive,2 you seized gifts for man; and [now] even rebels dwell with Yah, God.
20. Blessed is my Lord, Who each day loads us [with beneficence], the God Who is our deliverance forever.
21. The Lord is a God of deliverances for us; and to God, my Lord, are the many avenues of death.
22. God alone crushes the heads of His enemies, the hairy skull of him who goes about in his guilt.
23. My Lord said, "I will bring back from Bashan,3 I will bring back from the depths of the sea,
24. that your foot may wade through [the enemy's] blood; that the tongue of your dogs may have its portion from your enemies.”
25. They saw Your ways, O God, the ways of my God, my King, in holiness.
26. The singers began, then the musicians, in the midst of the maidens playing timbrels.
27. In assemblies bless God; [bless] my Lord, O you who stem from Israel.
28. There Benjamin, the youngest, rules them; the princes of Judah stone them, [as do] the princes of Zebulun, and the princes of Naphtali.
29. Your God has decreed your strength. Show Your strength, O God, Who has wrought this for our sake.
30. Because of [the glory of] Your Sanctuary upon Jerusalem, kings will bring You tribute.
31. Rebuke the wild beast of the reeds, the assembly of mighty bulls among the calves of nations, [until] each submits himself with pieces of silver. Scatter the nations that desire wars.
32. Nobles will come from Egypt; Kush will hasten [to raise] its hands to God.
33. Kingdoms of the earth, sing to God; sing praise to my Lord forever!
34. To the One Who rides upon the loftiest of ancient heavens-behold He gives forth His voice, a voice of might.
35. Ascribe power to God; His majesty is over Israel, and His might is in the skies.
36. God, You are feared from Your Sanctuary; it is the God of Israel Who grants strength and power to His people; blessed is God.
• Hebrew text
• English text
• Chapter 66
This psalm describes the praises and awe-inspiring prayers that we will offer God upon the ingathering of the exiles.
1. For the Conductor, a song, a psalm. Raise your voices in jubilation to God, all the earth!
2. Sing the glory of His Name; make glorious His praise.
3. Say to God, "How awesome are Your deeds!" Because of Your great strength, Your enemies will [admit] their treachery to You.
4. All the earth will bow to You, and sing to You; they will sing praise to Your Name forever!
5. Go and see the works of God, awesome in His deeds toward mankind.
6. He turned the sea into dry land, and they passed through the river on foot; we rejoiced in Him there.
7. He rules the world with His might, and His eyes watch the nations; let the rebellious not exalt themselves, Selah.
8. Bless our God, O nations, and let the voice of His praise be heard.
9. He has kept us alive, and did not allow our feet to falter.
10. For You tested us, O God; You refined us as one refining silver.
11. You brought us into prison; You placed a chain upon our loins.
12. You mounted men over our head; we went through fire and water, and You brought us out to abundance.
13. I will enter Your House with burnt-offerings, I will pay to You my vows,
14. which my lips uttered and my mouth spoke in my distress.
15. I will offer up to You burnt-offerings of fat animals, with the smoke of rams; I will prepare cattle with he-goats, Selah.
16. Come listen, all you who fear God, and I will relate what He has done for my soul.
17. I called to Him with my mouth, with exaltation beneath my tongue.
18. Had I seen iniquity in my heart, my Lord would not have listened.
19. But in truth, God heard; He gave ear to the voice of my prayer.
20. Blessed is God Who has not turned away my prayer or His kindness from me.
Chapter 67
This psalm is known as an especially revered prayer. It, too, speaks of the era of the ingathering of the exiles, and the wars of Gog and Magog, a time when "the Lord will be One."
1. For the Conductor, a song with instrumental music, a psalm.
2. May God be gracious to us and bless us; may He make His countenance shine upon us forever,
3. that Your way be known on earth, Your salvation among all nations.
4. The nations will extol You, O God; all the nations will extol You.
5. The nations will rejoice and sing for joy, for You will judge the peoples justly and guide the nations on earth forever.
6. The peoples will extol You, O God; all the peoples will extol You,
7. for the earth will have yielded its produce, and God, our God, will bless us.
8. God will bless us; and all, from the farthest corners of the earth, shall fear Him.
Chapter 68
An awe-inspiring and wondrous prayer, David composed this psalm referring to a future event, when Sennacherib would surround Jerusalem on Passover, during the reign of Hezekiah. He also prophesies about the good we will enjoy during the Messianic era.
1. For the Conductor; by David, a psalm, a song.
2. Let God rise, let His enemies be scattered, and let His enemies flee before Him.
3. As smoke is driven away, drive them away; as wax melts before fire, let the wicked perish before God.
4. And the righteous will rejoice, they will exult before God and delight with joy.
5. Sing to God, chant praises to His Name; extol Him Who rides upon the heavens with His Name, Yah, and exult before Him.
6. A father of orphans and judge of widows is God, in the abode of His holiness.
7. God settles the solitary into a home, and frees those bound in shackles; but the rebellious [are left to] dwell in an arid land.
8. O God, when You went out before Your nation, when You marched through the wilderness, Selah,
9. the earth trembled, even the heavens dripped before the presence of God; this mountain of Sinai [trembled] before the presence of God, the God of Israel.
10. You poured generous rain, O God; when Your heritage was weary, You secured it.
11. Your flock settled there; in Your goodness, O God, You prepare for the poor.
12. My Lord will fulfill the word of the heralds to a great legion:
13. Kings of armies will flee, they will flee; and she who inhabits the home will divide the loot.
14. Even if you lie upon the hearth,1 [you will be like] wings of a dove covered with silver, her pinions with brilliant gold.
15. When the Almighty scatters kings in her midst, those in the shadow of darkness will be made snow-white.
16. The mountain of God is a fertile mountain, the mountain of majestic peaks is a fertile mountain.
17. Why do you prance, O mountains of peaks? This is the mountain God has desired as His dwelling; the Lord will even dwell there forever.
18. The chariots of God are twice ten thousand, [with] thousands of angels; my Lord is in their midst, at Sinai, in holiness.
19. You ascended on high and took a captive,2 you seized gifts for man; and [now] even rebels dwell with Yah, God.
20. Blessed is my Lord, Who each day loads us [with beneficence], the God Who is our deliverance forever.
21. The Lord is a God of deliverances for us; and to God, my Lord, are the many avenues of death.
22. God alone crushes the heads of His enemies, the hairy skull of him who goes about in his guilt.
23. My Lord said, "I will bring back from Bashan,3 I will bring back from the depths of the sea,
24. that your foot may wade through [the enemy's] blood; that the tongue of your dogs may have its portion from your enemies.”
25. They saw Your ways, O God, the ways of my God, my King, in holiness.
26. The singers began, then the musicians, in the midst of the maidens playing timbrels.
27. In assemblies bless God; [bless] my Lord, O you who stem from Israel.
28. There Benjamin, the youngest, rules them; the princes of Judah stone them, [as do] the princes of Zebulun, and the princes of Naphtali.
29. Your God has decreed your strength. Show Your strength, O God, Who has wrought this for our sake.
30. Because of [the glory of] Your Sanctuary upon Jerusalem, kings will bring You tribute.
31. Rebuke the wild beast of the reeds, the assembly of mighty bulls among the calves of nations, [until] each submits himself with pieces of silver. Scatter the nations that desire wars.
32. Nobles will come from Egypt; Kush will hasten [to raise] its hands to God.
33. Kingdoms of the earth, sing to God; sing praise to my Lord forever!
34. To the One Who rides upon the loftiest of ancient heavens-behold He gives forth His voice, a voice of might.
35. Ascribe power to God; His majesty is over Israel, and His might is in the skies.
36. God, You are feared from Your Sanctuary; it is the God of Israel Who grants strength and power to His people; blessed is God.
Tanya: Iggeret HaKodesh, end of Epistle 26• Sunday, Cheshvan 12, 5776 · 25 October 2015
Daily Tanya: Iggeret HaKodesh, beginning of Epistle 27• Lessons in Tanya
• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class
Leaving a Corpse Hanging Overnight
"His body shall not remain all night upon the tree"—Deuteronomy 21:23.
It is forbidden to leave a corpse that was hung by the courts hanging overnight.
This because only two offenses are punishable by hanging [post execution]: idolatry and blaspheme. As such, someone seeing the hanging corpse might contemplate the reason why the individual was hanged, and will come to blaspheme G‑d in his thoughts.
[This prohibition also includes leaving any Jewish corpse unburied overnight, unless the delay in the internment is in honor of the deceased; e.g., to allow time for relatives to arrive for the funeral.]
Full text of this Mitzvah »
• Hebrew Text
• Audio Class: Listen | Download
• Video Class
Today's Tanya Lesson
• Iggeret HaKodesh, beginning of Epistle 27
Sunday, Cheshvan 12, 5776 · 25 October 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 226
Execution by Beheading
"[The sin] shall surely be avenged"—Exodus 21:20.
Transgressors of certain sins are to be executed via decapitation.
Full text of this Mitzvah »Execution by Beheading
Positive Commandment 226
Translated by Berel Bell
The 226th mitzvah is that we are commanded to execute by the sword1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), [the death] "must be avenged."
In our list of the prohibitions we will point out which mitzvos are punishable by decapitation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.This was beheading, as written below. See Hilchos Sanhedrin 15:4.
2.Ex. 21:20. This verse refers to a man who murders his servant, which is a capital offense. The special term used to describe his execution ("avenge") refers to beheading.
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Positive Commandment 227
Execution by Strangulation
"He shall be put to death"—Exodus 21:16.
Transgressors of certain sins are to be executed via strangulation.
Full text of this Mitzvah »Execution by Strangulation
Positive Commandment 227
Translated by Berel Bell
The 227th mitzvah is that we are commanded to execute by strangulation1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), "He shall be put to death."3
In our list of the prohibitions we will point out which mitzvos are punishable by strangulation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.The person's neck was wrapped with a stiff cloth, which was pulled from both ends until he expired. See Hilchos Sanhedrin 15:5.
2.Ex. 21:15.
3.The Oral Tradition indicates that when the Torah mentions execution, it means chenek unless indicated otherwise. See Hilchos Sanhedrin 14:1.
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Positive Commandment 230
Hanging
"And you shall hang him on a wood[en pole]"—Deuteronomy 21:22.
We are commanded to hang the corpses of certain criminals executed by the courts. (See Negative Commandment 66.)
Full text of this Mitzvah »Hanging
Positive Commandment 230
Translated by Berel Bell
The 230th mitzvah is that we are commanded to hang certain individuals who have been executed by the High Court.1
The source of this commandment is G‑d's statement2 (exalted be He), "You must hang him on a gallows."
In our list of the prohibitions we will point out for which mitzvos the transgressor is hung.3
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.4
FOOTNOTES
1.I.e. after they have been executed, they are hung publicly. The person is hung up just before sunset and taken down immediately thereafter. See Hilchos Sanhedrin 15:6-7.
2.Deut. 21:22.
3.I.e. Cursing G‑d and worshipping idols. See Hilchos Sanhedrin 15:6.
4.46a.
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Positive Commandment 231
Burying the Dead
"You shall surely bury him on the same day"—Deuteronomy 21:23.
We are commanded to bury those executed by the courts on the same day of their execution.
The same applies to all dead—every Jewish deceased must be buried on the day of the passing. (This is why a person who died with no one to care for his interment is called a "met mitzvah" (a "mitzvah corpse"), because it is a mitzvah on everyone to ensure that he is buried.)
Full text of this Mitzvah »
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Negative Commandment 66• Iggeret HaKodesh, beginning of Epistle 27
Part (a)
The Alter Rebbe wrote this letter of condolence to his chassidim in 1788 after the passing of his colleague and mentor, the saintly R. Mendele of Vitebsk (or Horodok), who had settled in the Holy Land in 1777. It concludes by rousing them to the mitzvah of tzedakah in general, and particularly of maintaining the family of R. Mendel.
The Alter Rebbe is here addressing chassidim who in the past had benefited from their connection with the tzaddik both through his advice and blessings on material matters, and through his guidance in matters of the spirit. He comforts them, therefore, with the teaching of the Zohar that a tzaddik is to be found in this world after his passing to a greater extent than while he was physically alive. His disciples are thus able to receive his guidance in their Torah study and divine service to an even greater degree than before. Materially, too, thetzaddik protects this world after his passing even more effectively than he did during his lifetime.
מה שכתב ליושבי ארצנו הקדושה, תבנה ותכונן במהרה בימינו, אמן
This letter was written [by the Alter Rebbe] to the [chassidic] inhabitants of the Holy Land (May it speedily be rebuilt and reestablished in our own days, Amen!),1
לנחמם בכפליים לתושיה
to console them with redoubled support2
על פטירת הרב הגאון המפורסם, איש אלקים קדוש, נר ישראל, עמוד הימין, פטיש החזק, מורנו הרב ר׳ מנחם מענדל, נשמתו עדן
over the passing of the celebrated rabbi and Gaon, holy man of G‑d,3 “lamp of Israel, pillar of the right hand, mighty hammer,”4 our mentor R. Menachem Mendel (May his soul rest in Eden!).
* * *
אהוביי אחיי ורעיי אשר כנפשי כו׳
My beloved, my brethren and friends, who are [as dear] and so forth [to me] as my soul.
Likkutei Haggahot on Tanya likens the opening three terms of address to the three Scriptural terms of endearment successively addressed by a king to his beloved daughter in the parable cited by the Midrash:5 “My beloved” recalls the paternal love expressed by the phrase “my daughter”; “my brethren” recalls the fraternal love expressed by the phrase “my sister”; and “my friends” recalls the filial love expressed by the phrase “my mother.” The further phrase “as my soul” indicates the love that one has for his own life, as in the phrase of theZohar,6 “he called her by his own name”; while “and so forth” indicates a love even greater — a bond with the ultimate soul-level of Yechidah.
ה׳ עליהם, יחיו חיים עד העולם
May [the Name of] G‑d be upon you,7 and may you live forever,
According to the above interpretation of Likkutei Haggahot, the Alter Rebbe’s blessing that “the Name of G‑d be upon you” is intended to elicit a transcendentmode of Divine benevolence, while the blessing “may you live forever” is intended to draw down this transcendent benevolence so that it can be internalized within its finite recipients. (Or, in the terms of Chassidut, it is intended “to be mamshich the makkif into the pnimi.”)
וצאצאיהם אתם, זרע אמת
and your children with you, the seed of truth;
ברוכי ה׳ המה, מעתה ועד עולם
may you be blessed by G‑d for evermore.
אחרי דרישת שלומם, כמשפט לאוהבי שמו
Having first duly inquired after the welfare of those who love [G‑d’s] Name,
באתי לדבר על לב נדכאים, הנאנחים והנאנקים, ולנחמם בכפליים לתושיה
I have come to speak to the heart of the smitten, who are sighing and groaningover the passing of R. Mendele, and to console you with redoubled support
אשר שמעה אזני, ותבן לה
with what my ear has heard from others and with what I have understood myself,8
על מאמר רז״ל, דשבק חיים לכל חי
regarding the idiom used by our Sages9 to signify the passing of a tzaddik, “He has left life for all the living.”
If this simply means that others have remained alive after his passing, what are we to make of the expression “left life”? Did he leave them life? Surely, the life they are living is their own.
The Alter Rebbe will explain below that the idiom means quite literally that the tzaddik left something of his own life to others. For the true core of atzaddik’s life is not fleshly; rather, it comprises the spiritual qualities of faith, awe and love of G‑d. When a tzaddik departs from this world he leaves over his faith, fear and love to all those who are bound to him, so that they will be able to receive even more than they received from him while he lived his physical life together with them. All three qualities are alluded to as “life” in the verses enumerated below:
כי צדיק באמונתו יחיה
For10 “a tzaddik lives by his faith,”
וביראת ה׳ לחיים
and by11 “the awe of G‑d [which leads] to life,”
וברשפי אש שלהבת אהבתו מחיים
and by12 the flashing and fiery sparks of his love [for G‑d, that is even greater] than life,
לכל בהן חיי רוחו [ונשמתו] כל ימי חלדו
investing in them — in his faith and awe and love — the life of his Ruach [13V.L.: and, moreover, of his Neshamah] throughout his life.
As the Alter Rebbe will soon say, disciples receive their influence from the soul-level of the tzaddik which is called Ruach. In addition, as explained inLikkutei Haggahot, those disciples who are also [as close as] children receive their influence from the higher soul-level called Neshamah.
ויהי בהעלות ה׳ רוחו
When, at the time of his passing, G‑d elevates his Ruach
ונשמתו אליו יאסוף
and gathers up his soul unto Himself14
ויעלה בעילוי אחר עילוי, עד רום המעלות
and he ascends from one elevation to the next, to the very highest of levels,
שבק חיי רוחו
he [then] leaves over the life of his Ruach,
פעולתו אשר עבד בה לפנים בישראל
the deeds in which he has formerly labored with Israel, i.e., the faith, fear and love which he drew down to them from his Ruach,
On a less literal level, the Hebrew word lefanim (here translated “formerly”) can also be understood to mean “to the inwardness”; i.e., the tzaddik infused and integrated this faith, fear and love into the innermost core of his disciples, this being׳—
פעולת צדיק לחיים
“the labor of a tzaddik for life,”15
Or, less literally, “a tzaddik’s labor for the living,” to provide them with life. At any rate, at the time of his passing, the tzaddik bequeaths the fruit of his lifelong labors —
לכל חי, היא נפש כל חי
to every living being, that is, to the soul of every living being who lives a life of Torah and mitzvot,
הקשורה בנפשו בחבלי עבותות אהבה רבה ואהבת עולם, בל תמוט לנצח
who is bound to his soul by the thick ropes of a magnanimous love, and an eternal love, that will not be moved forever.
אשר מי האיש החפץ חיים, לדבקה בה׳ חיים
For any man who eagerly desires life16 [and who seeks] to cleave to the living G‑d,
בעבודתו תדבק נפשו
through his service (i.e., through the divine service of the tzaddik) his soul will cleave
והיתה צרורה בצרור החיים את ה׳
and will be bound up in the bond of life with G‑d,17
בחיי רוח אפינו
in the life of the Ruach (literally, the life-giving “breath”) of our nostrils
אשר אמרנו: בצלו נחיה בגוים
of which we have said, “In its [protective] shadow we shall live among the nations.”18
This alludes to the Chayah of the tzaddik, the soul-level which is even loftier than the soul-level called Neshamah, and which infuses the followers of thetzaddik with a transcendent mode of life-force which enables them to withstand challenges from non-Jewish (i.e., unholy) sources.
אשר שבק לנו, בכל אחד ואחד
[This] he left unto us, in each and every individual,
כפי בחינת התקשרותו באמת, ואהבתו אהבת אמת הטהורה, מקרב איש ולב עמוק
corresponding to the degree of his genuine alliance with the tzaddik and his true and pure love of him, from the innermost core of man and from the depths of his heart.19
To the extent of each individual’s bond with the tzaddik, so does the tzaddikshare with him his Ruach, and his faith, fear and love of G‑d.
כי כמים הפנים וכו׳
For20 “as in water, face [answers to face, so is the heart of man to man]”: the individual’s love for the tzaddik reflects back to him, eliciting a love of the tzaddik for him,
ורוח אייתי רוח ואמשיך רוח
and21 “spirit rouses spirit and brings forth spirit” — the spirit of love that one has for the tzaddik draws down the Ruach, the superior spirit of the tzaddik.
ורוחו עומדת בקרבינו ממש
For his Ruach remains truly in our midst, within those of us who are bound to him,
כי בראותו ילדיו, מעשה ידיו בקרבו, יקדישו שמו יתברך
when he sees his children, i.e., his disciples,22 who embody the work of his hands, sanctifying [G‑d’s] blessed Name.
אשר יתגדל ויתקדש, כאשר נלך בדרך ישרה אשר הורנו מדרכיו
For [His Name] is magnified and sanctified when we walk in the straight path that he has shown us of his paths,
ונלכה באורחותיו נצח סלה ועד
and we will walk in his ways forevermore.
With regard to the above sentence, the Rebbe notes that the Zohar (Part II, p. 215a; and Part III, end of Parshat Kedoshim) distinguishes between a “path”(derech) and a “way” (orach). “Path” signifies a well-trodden track which thetzaddik has cleared for common use, while “way” suggests a trail that is presently being blazed, according to the spiritual needs of the individual’s divine service. The Rebbe refers the reader to Likkutei Torah, Shir HaShirim (12b).
The reason that the Alter Rebbe characterizes the tzaddik’s life as consisting of faith, fear and love, is that (as explained in the very first Epistle in this series) faith is the underpinning, the “loins” that support the entire body of a man’s divine service, and this finds expression in his fear and love of G‑d, his “arms”.
* * *
| FOOTNOTES | |
| 1. |
The Rebbe notes in his Luach HaTikkun that this letter was in fact written to chassidim in the Diaspora. The introductory statement that it was written “to the inhabitants of the Holy Land” is a copyist’s error, “since the conclusion of this letter (published in Ginzei Nistarot — Or Rav, ch. 6) urges his readers not to diminish, ‘Heaven forfend, the sacred monies that they sanctify to G‑d annually...for our masters in the Holy Land.’ He continues, moreover, that the money should be ready to be sent promptly to the Holy Land.”
In a later addendum the Rebbe concludes: “The difficulty with all the above is readily understandable, for this introductory statement is found in all the editions and was seen by the Rebbeim over the generations, beginning with the author’s children and the Tzemach Tzedek.“
It would therefore seem that both things are true: The appropriate section (that which is printed here, minus the line about ‘the bearer of this letter,’ from which we also understand that this letter was edited for publication) was sent to the Holy Land, while the letter in its entirety was sent to the ‘heartbroken...of our country.’ For in any event it is reasonable to assume that the Alter Rebbe wrote a letter of consolation to the ‘heartbroken...of the Holy Land.”’
|
| 2. | Cf. Iyov 11:6. |
| 3. | Cf. II Melachim 4:9. |
| 4. | Cf. Berachot 28b. |
| 5. | Shmot Rabbah, end of Parshat Pekudei. |
| 6. | I, 154b. |
| 7. | Following the conventions of classical Hebrew, the original letter addresses its readers indirectly in the polite third person; here, for clarity’s sake, this has been rendered in the second person. |
| 8. | Cf. Ezekiel 9:4. |
| 9. | Often used in halachic responsa. Addendum of the Rebbe: “Likewise in Rambam, Hilchot Yibum, end of ch. 4, in the text of a get chalitzah and a ketubbat yevamin, [the deceased is referred to as having] ‘left life to our Rabbis and to all of Israel.’” |
| 10. | Chavakuk 2:4. |
| 11. | Mishlei 19:23. |
| 12. | Cf. Shir HaShirim 8:6, where the connection with “life” is implied by the context. |
| 13. | Brackets are in the original text. |
| 14. | Iyov 34:14. |
| 15. | Mishlei 10:16. |
| 16. | Cf. Tehillim 34:13. |
| 17. | Cf. I Shmuel 25:29. |
| 18. | Note of the Rebbe: “Quoting Eichah 4:20.” |
| 19. | Cf. Tehillim 64:7. |
| 20. | Mishlei 27:19. |
| 21. | Zohar II, 166b, et al. |
| 22. | Sifrei (quoted in Rashi) on Devarim 6:7. |
Sunday, Cheshvan 12, 5776 · 25 October 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 226
Execution by Beheading
"[The sin] shall surely be avenged"—Exodus 21:20.
Transgressors of certain sins are to be executed via decapitation.
Full text of this Mitzvah »Execution by Beheading
Positive Commandment 226
Translated by Berel Bell
The 226th mitzvah is that we are commanded to execute by the sword1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), [the death] "must be avenged."
In our list of the prohibitions we will point out which mitzvos are punishable by decapitation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.This was beheading, as written below. See Hilchos Sanhedrin 15:4.
2.Ex. 21:20. This verse refers to a man who murders his servant, which is a capital offense. The special term used to describe his execution ("avenge") refers to beheading.
_____________________________________
Positive Commandment 227
Execution by Strangulation
"He shall be put to death"—Exodus 21:16.
Transgressors of certain sins are to be executed via strangulation.
Full text of this Mitzvah »Execution by Strangulation
Positive Commandment 227
Translated by Berel Bell
The 227th mitzvah is that we are commanded to execute by strangulation1 those who transgress certain mitzvos.
The source of this commandment is G‑d's statement2 (exalted be He), "He shall be put to death."3
In our list of the prohibitions we will point out which mitzvos are punishable by strangulation.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
FOOTNOTES
1.The person's neck was wrapped with a stiff cloth, which was pulled from both ends until he expired. See Hilchos Sanhedrin 15:5.
2.Ex. 21:15.
3.The Oral Tradition indicates that when the Torah mentions execution, it means chenek unless indicated otherwise. See Hilchos Sanhedrin 14:1.
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Positive Commandment 230
Hanging
"And you shall hang him on a wood[en pole]"—Deuteronomy 21:22.
We are commanded to hang the corpses of certain criminals executed by the courts. (See Negative Commandment 66.)
Full text of this Mitzvah »Hanging
Positive Commandment 230
Translated by Berel Bell
The 230th mitzvah is that we are commanded to hang certain individuals who have been executed by the High Court.1
The source of this commandment is G‑d's statement2 (exalted be He), "You must hang him on a gallows."
In our list of the prohibitions we will point out for which mitzvos the transgressor is hung.3
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.4
FOOTNOTES
1.I.e. after they have been executed, they are hung publicly. The person is hung up just before sunset and taken down immediately thereafter. See Hilchos Sanhedrin 15:6-7.
2.Deut. 21:22.
3.I.e. Cursing G‑d and worshipping idols. See Hilchos Sanhedrin 15:6.
4.46a.
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Positive Commandment 231
Burying the Dead
"You shall surely bury him on the same day"—Deuteronomy 21:23.
We are commanded to bury those executed by the courts on the same day of their execution.
The same applies to all dead—every Jewish deceased must be buried on the day of the passing. (This is why a person who died with no one to care for his interment is called a "met mitzvah" (a "mitzvah corpse"), because it is a mitzvah on everyone to ensure that he is buried.)
Full text of this Mitzvah »
Burying the Dead
Positive Commandment 231
Translated by Berel Bell
The 231st mitzvah is that we are commanded to bury those who have been executed by the High Court on the same day of their execution.
The source of this commandment is G‑d's statement1 (exalted be He), "[You may not allow his body to remain on the gallows overnight,] you must certainly bury him on the same day."
The Sifri2 says, "The phrase, 'You must certainly bury him' is a positive commandment."
This law applies to all deceased; every Jew should be buried on the day in which he passes away. This is the reason why a person who has nobody to arrange his burial is called a "meis mitzvah." This means that he is a meis (dead person) for which the mitzvah is on every individual to bury. [The mitzvah referred to is] G‑d's statement (exalted be He), "You must certainly bury him [on the same day]."
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.3
FOOTNOTES
1.Deut. 21:23.
2.Ibid.
3.46a.
Leaving a Corpse Hanging Overnight
"His body shall not remain all night upon the tree"—Deuteronomy 21:23.
It is forbidden to leave a corpse that was hung by the courts hanging overnight.
This because only two offenses are punishable by hanging [post execution]: idolatry and blaspheme. As such, someone seeing the hanging corpse might contemplate the reason why the individual was hanged, and will come to blaspheme G‑d in his thoughts.
[This prohibition also includes leaving any Jewish corpse unburied overnight, unless the delay in the internment is in honor of the deceased; e.g., to allow time for relatives to arrive for the funeral.]
Full text of this Mitzvah »
Leaving a Corpse Hanging Overnight
Negative Commandment 66
Translated by Berel Bell
The 66th prohibition is that we are forbidden from leaving a person hung on a tree [after being executed by the High Court1] overnight. This is to prevent a person who would see him from repeating in his thought a curse against G‑d, since the only ones who are hanged are those who cursed G‑d or who worshipped idols. The verse also terms the latter as having "cursed G‑d."2
The source of this prohibition is G‑d's statement,3 "You may not allow his body to remain on the gallows overnight."
The Sifri4 says, "The phrase, 'You may not allow his body to remain on the gallows overnight,' is a prohibition.
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.5
FOOTNOTES
1.See P231 above.
2.Num. 15:30. Therefore one who sees an idol worshipper hanging will think about what curse he said, and thereby repeat the "curse" in his thought.
3.Deut. 21:23.
4.Ibid.
5.45b.
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• 1 Chapter: Shvuot Shvuot - Chapter 3
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• Shvuot - Chapter 3
• 3 Chapters: Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 7, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 8, Sanhedrin veha`Onashin haMesurin lahem Sanhedrin veha`Onashin haMesurin lahem - Chapter 9 English Text | Hebrew Text | Audio: Listen | Download
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Halacha 1
Whenever a person takes one of these four types of oaths under compulsion, he is exempt from all liability. This applies to a person who at the outset took a false oath because of factors beyond his control as we explained, one who took an oath and then was subjected to compulsion and was not given the opportunity to fulfill his oath, or he was compelled to take an oath by a man of force. Therefore one may take an oath when compelled to by robbers, potential murders, and tax collectors.
Halacha 2
To which tax collector did we refer? To a tax collector that assumed the position on his own, who takes money without the license of the king or who takes money with the king's license, but takes more for himself than the fixed measure, as explained in Hilchot Gezelah.
Halacha 3
When a person is compelled to take an oath, to be exempt, while taking the oath, he must have the intent in his heart for the oath to apply to something for which he is exempt. Although generally, words in a person's heart are of no consequence, since he cannot express his intent because of the forces beyond his control, he can rely on the intent in his heart.
Halacha 4
What is implied? One took an oath to a man of force that would not eat meat without qualifying his statement, it is permitted if in his heart, he had the intent that he was saying that he would not eat the meat of pigs, or that he would not eat meat that day. Similar laws apply in all analogous situations.
Halacha 5
Similarly, one is not liable for oaths involving exaggerations or unintentional oaths. What is meant by oaths involving exaggerations? A person saw vast armies and tall walls and he took an oath that "I saw the armies of King So-and-So and they are as vast as those who left Egypt," "I saw the wall of this-and-this city and it was as high as the heavens," or the like. He is exempt, because he did not resolve within his heart that this was the measure of the subject in question, no more and no less. His intent was only to describe the height of the wall or the multitude of the people.
Halacha 6
What is meant by an oath taken inadvertently? With regard to a sh'vuat hapikadon or a sh'vuat ha'edut, it refers to a situation where the person forgot about the entrusted article or the testimony. He is entirely exempt, as we explained.
With regard to an oath taken in vain, it refers to a situation where the person took an oath not to wear tefilin, but did not know that tefilin are a mitzvah. With regard to a false oath, it refers to a situation where the person took an oath that he did not eat and then remembered that he did in fact eat, he took an oath that he would not eat and then forgot and ate, he took an oath that he would not give any satisfaction to his wife because she stole his wallet or beat his son and afterwards, he found out that she did not steal it or beat him. Similar concepts apply in all analogous situations.
Halacha 7
If so, what is a sh'vuat bitui taken inadvertently for which one is liable to bring an adjustable guilt offering with regard to the past? One took an oath that he did not eat although he knew that he in fact had eaten and he knew that it is forbidden to have taken this false oath, but he did not know that he is liable to bring a sacrifice for it. This is the inadvertent violation for which one is liable to bring an adjustable guilt offering for taking a sh'vuat bitui with regard to the past.
Halacha 8
What is meant by an inadvertent violation for which one is liable for an adjustable guilt offering for breaking an oath involving the future? For example, one took an oath that he would not eat bread from wheat and forgot and thought that he had taken an oath that he would eat bread from wheat and then ate it. In this instance, he became unaware of the content of the oath although he remembered the article concerning which he took the oath. This is an inadvertent violation of a sh'vuat bitui involving the future which obligates him to bring a sacrifice.
Halacha 9
If, however, he took an oath that he would not eat bread from wheat and he ate bread from wheat thinking that it was made from barley, he is considered to have transgressed due to forces beyond his control and he is exempt. For he did not become unaware of the oath, but instead of the article concerning which he took the oath.
Halacha 10
If he lost awareness of the oath he took and he lost awareness of the article concerning which he took the oath, he is not liable for a sacrifice.
What is implied? For example, one took an oath that he would not eat bread from wheat and thought that he had taken an oath that he would eat bread from wheat and ate bread from wheat thinking it was barley. He is not liable, because he became unaware of both the oath and the article it concerned. It is considered as if he he transgressed due to forces beyond his control.
Halacha 11
The following laws apply if a person took an oath concerning a loaf of bread, swearing that he would not eat it and then suffered discomfort because of it. Should he eat the loaf because of his discomfort, because he thought that it is permitted for him to eat it because of discomfort, he is considered to have transgressed inadvertently. He is exempt from bringing a sacrifice, because he is not repenting because of his new knowledge. Instead, he knew that it was forbidden and ate it in error.
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• Sanhedrin veha`Onashin haMesurin lahem - Chapter 7
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• Sunday, Cheshvan 12, 5776 · 25 October 2015
Halacha 1
The following law applies when one of the litigants says: "Let so and so act as a judge for me," and the other litigant says: "Let so and so act as a judge for me." Together the two judges which were chosen by each of the litigants respectively choose a third judge and the three of them adjudicate the case for the two litigants. In this manner, a true judgment will emerge.
Even if the judge chosen by one of the litigants is a great sage who has received semichah, the one litigant cannot compel the other litigant to have him adjudicate the case. Instead, he also chooses a judge he desires.
Halacha 2
The following rules apply when a litigant accepts his own or an opposing litigant's relative or another person who is unacceptable to serve as a judge or a witness in his case. If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the verdict is rendered and the unacceptable judge ruled in his verdict - or a verdict was rendered on the basis of the testimony of an unacceptable witness - that money should be expropriated, the litigant may not retract.
The above laws also apply if a litigant accepted a person who is disqualified because he committed a transgression as two witnesses to testify concerning him or as a court of three judges to rule concerning his interests. Similarly, it applies regardless of whether he gave his consent at the risk of forfeiting rights and waiving a claim that he is pressing or he gave his consent at the risk of having to pay what the plaintiff demands of him because of the testimony of this unacceptable witness or because of the ruling of this unacceptable judge.
Halacha 3
Similarly, the following rules apply when a person was obligated by a court to take an oath to a colleague and the person to whom the oath must be given state: "Take an oath on your own life, and be freed of liability," or "Take an oath on your own life that your claim is justified and I will give you everything that you claim." If he affirms his commitment with a kinyan, he cannot retract his consent. If he did not affirm his commitment with a kinyan, he can retract his consent until the case is concluded. Once the case is concluded and he took an oath as stipulated, he cannot retract and is obligated to pay.
Halacha 4
Similar laws apply when a person was obligated to take a sh'vuat hesset and he reversed it and obligated the plaintiff. If he affirmed his consent with a kinyan or the plaintiff took the oath, the defendant cannot retract.
Halacha 5
Similarly, when a person was not obligated to take an oath and yet he said: "I will take an oath in response to your claim," if he affirmed his statement with akinyan, he cannot retract. If he did not affirm his statement with a kinyan, he has the right to retract until the judgment is concluded and he actually takes the oath, even though he made his commitment in court.
Halacha 6
When a person was obligated by a court, and then brought witnesses or proof to vindicate himself, the judgment is rescinded and the case should be tried again. Although the judgment was already rendered, whenever he brings support for his claim, the judgment is rescinded.
Even if the judges tell him: "Bring all the proofs that you have within 30 days," a litigant may have the judgment rescinded although he brings proof after 30 days. What can he do if he did not discover the proof within 30 days, but found it afterwards?
Halacha 7
If, however, the litigant completed stating his claims, he cannot have the judgment rescinded.
What is implied? The judges asked him: "Do you have witnesses supporting your claim?"
He replied: "I do not have witnesses."
"Do you have proof of your position?"
"I do not have proof," he answered.
In such a situation, if the court judged him and held him liable, the judgment is not rescinded. Although when he sees that he was being held liable, he declared: "So-and-so and so-and-so come forward and testify on my behalf" or he produced written proof from his money-belt, it is not significant. We do not pay any attention to his witnesses or his proof.
Halacha 8
When does the above apply? When the proof was in his possession and the witnesses were together with him in the country. If, however, he said: "I have neither witnesses, nor proof," and afterwards, witnesses came from overseas or a leather satchel belonging to his father where legal documents were held had been entrusted to another person and that person came and supplied him with proof, he may call on these witnesses and/or this proof and have the ruling rescinded.
Why may he have the ruling rescinded? Because he could claim: "The reason I said: 'I don't have any witnesses' and 'I don't have any proof is because they were not available to me." Whenever he could make such a claim and there is substance to his words, he is not considered to have completed stating his claims when he originally stated: "I have no witnesses...." He may bring the witnesses and/or proof and have the judgment rescinded.
Accordingly, if he explicitly states: "I have no witnesses at all, neither here or overseas, nor any written proof, neither in my possession or in the possession of others," he cannot have the judgment rescinded.
Halacha 9
When does the above apply? With regard to an adult who was held liable and then brought written proof or witnesses after completing the statement of his arguments.
Different concepts apply, however, with regard to an heir who was a minor when the person whose estate he inherited died and a suit was lodged against him because of that person after he came of age. Even though he stated: "I have neither witnesses, nor proof," and after he departed from the court after being held liable, others told him: "We know testimony that favors your father that will cause this judgment to be rescinded," or "The person whose estate you inherited entrusted this written proof to me," he may bring the testimony or the proof immediately and have the judgment rescinded. The rationale is that a minor is not aware of all the proofs possessed by the person whose estate he inherited.
Halacha 10
The following rules apply when a person affirmed his consent to the following agreement with a kinyan: If he does not come on this-and-this day and take an oath, his colleague's claim would be accepted and that colleague could take whatever he claims without taking an oath. Alternatively, if he does not come on this-and-this day, take an oath, and collect his due, he forfeits his right to the claim. Nothing is to be granted him and his colleague is released of liability. Should that day pass and he not come, the stipulation is binding and he forfeits his rights.
If, however, he brings proof that he was held back by forces beyond his control on that day, he is not bound by his agreement. He may take an oath against the claim issued by his colleague as before. Similar laws apply in all analogous situations.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 8
Halacha 1
When a court reaches a split decision - some say that the defendant is not liable, and others say that he is liable, we follow the majority. This is a positive mitzvah of Scriptural origin, as Exodus 23:2 states: "Follow after the inclination of the majority."
When does the above apply? With regard to financial matters and with regard to laws involving questions of what is forbidden and what is permitted, what is impure and what is pure and the like. With regard to capital cases, different laws apply if there is a difference of opinion whether the transgressor should be executed or not. If the majority rule to exonerate him, he is exonerated. If, however, the majority rules that he is guilty, he should not be executed until there are at least two more judges who hold him guilty than who exonerate him.
According to the Oral Tradition, we learned that the Torah warned against this saying Ibid.: "Do not follow the majority to do harm." That is to say that if the majority are inclined "to do harm," i.e., to execute the defendant, you should not follow them until there is a significant inclination, and there is a majority of two judges who rule that he is guilty.
This is implied by (Ibid.): "to follow the inclination of the majority and influence the judgment." A positive inclination may be made on the basis of a majority of one, a harmful inclination, on the basis of a majority of two. All of these concepts are based on the Oral Tradition.
Halacha 2
The following laws apply when there is a difference of opinion within a court of three judges with regard to a monetary issue: If two say the defendant's claim should be vindicated and one says that he is liable, his claim is vindicated. If two say that he is liable and one says his claim should be vindicated, he is held liable. If one says that his claim should be vindicated and one says he is liable, or two say that his claim should be vindicated or that he is liable and the third judge says: "I do not know," we add another two judges. Thus five judges debate the matter.
If three say the defendant's claim should be vindicated and two say that he is liable, his claim is vindicated. If three say that he is liable and two say his claim should be vindicated, he is held liable. If two say that his claim should be vindicated and two say he is liable, and the fifth judge says: "I do not know," we add another two judges. If, however, four say his claim should be vindicated or that he is liable and one says: "I don't know," or three say his claim should be vindicated and one says that he is liable, and the fifth says: "I don't know," we follow the majority. This applies whether the judge who says: "I don't know" is the same who said "I don't know" at the outset or another individual.
If, in this situation as well, the opinions are evenly balanced and one says: "I don't know," or in any situation that there is a doubt, we continue to add two more judges until we reach 71 judges. If, after reaching 71, the issue is still unresolved, i.e., 35 hold him liable, and 35 wish to vindicate his claim and one says: "I don't know," they debate the matter until the judge who has not made up his mind sides with one of the opinions and thus there will be 36 who vindicate him or 36 who hold him liable. If neither that judge or another changes his opinion, the matter remains unresolved and the money is allowed to remain in the possession of its owner.
Halacha 3
Whenever a judge says: "I don't know," he is not required to explain the rationale for his statements and explain the reason why he is in doubt. In contrast, a judge who rules that a litigant's claim is vindicated must state why he vindicates the claim, or if he holds him liable, he must state why he holds him liable.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 9
Halacha 1
When all the judges of a Sanhedrin begin their judgment of a case involving capital punishment and say that the defendant is liable, he is exonerated. There must be some who seek to exonerate him and argue on his behalf, but yet the majority hold him liable. Only then he is executed.
Halacha 2
The following rules apply when there is a difference of opinion in a minorSanhedrin. If twelve judges say that he should be exonerated and eleven say that he should be held liable, he is exonerated. If twelve say that he is liable and eleven say that he should be exonerated or eleven say that he should be exonerated and eleven say that he is liable, and one says: "I don't know," we add two judges. Even if there are twelve who wish to exonerate him and twelve who hold him liable, and one who one says: "I don't know," we add two judges. The rationale is that the judge who says: "I don't know," is considered as if he does not exist, for he cannot change his mind and explain why the defendant should be held liable. Thus after the addition, there are 24 judges aside from the person who says: "I don't know."
If twelve say that he should be exonerated and twelve say that he is liable, he is exonerated. If eleven say that he should be exonerated and thirteen say that he is liable, he is liable. This applies even if one of the original judges says: "I don't know." For there are two more judges who rule that he is liable.
If twelve say that he should be exonerated and twelve say that he is liable, we add two judges. And similarly, if the balance is not broken, we continue to add two judges until there is at least one more judge who rules that he should be exonerated or at least two more judges who rule that he should be held liable. If there are an even number of judges on both sides, and one says: "I don't know," or if the number of judges who rule that he is liable is only one more than those who rule that he should be exonerated, we continue to add judges until we reach 71.
The following rules apply when the court reaches that size. If 36 say that he should be exonerated and 35 say that he is liable, he should be exonerated. If 36 say that he is liable and 35 say that he should be exonerated, they debate back and forth against each other until one of them sees the other's perspective and either exonerates him or holds him liable. If such a change in perspective does not take place, the judge of the greatest stature declares: "This judgment has become aged," and he is released.
If 35 say that he is liable and 35 say that he should be exonerated, and one says "I don't know," we release him. If 34 say that he should be exonerated and 36 say that he is liable, and one says: "I don't know," he is held liable. For there is a majority of two judges who hold him liable.
Halacha 3
When there is a difference of opinion in the Supreme Sanhedrin, whether with regard to a law involving capital punishment, monetary law, or other matters of Torah law, we do not add judges. Instead, they debate against each other and the ruling follows the majority. If their difference of opinion involves whether a person will be executed, they should debate against each other until they either exonerate him or hold him liable.
• English Text | Video Class
• Sunday, Cheshvan 12, 5776 · 25 October 2015
"Today's Day"
Wednesday Cheshvan 12 5704
Torah lessons: Chumash: Vayeira, Revi'i with Rashi.
Tehillim: 66-68.
Tanya: And this is (p. 565) ...to the blessing. (p. 567).
One of the Alter Rebbe's early teachings, then called verter1 (lit. "words," short sayings):
Sh'ma Yisrael2 - a Jew3 senses4 that
Havayeh5 Elokeinu - our strength and life6 is beyond nature,7 and
Havayeh Echad - Havayeh is One.
FOOTNOTES
1. See Sivan 15.
2. Lit. "Hear, O Israel."
3. From the word Yisrael, one of Israel.
4. From sh'ma, "hear," "listen," or "comprehend"; hence, "senses."
5. See Tishrei 3 and footnotes.
6. Or "vitality," "life-force."
7. Havayeh, G-d transcendent, above nature, is Elokeinu, "our G-d" - our strength and life. Viz. Tishrei 3.Daily Thought:
Wednesday Cheshvan 12 5704
Torah lessons: Chumash: Vayeira, Revi'i with Rashi.
Tehillim: 66-68.
Tanya: And this is (p. 565) ...to the blessing. (p. 567).
One of the Alter Rebbe's early teachings, then called verter1 (lit. "words," short sayings):
Sh'ma Yisrael2 - a Jew3 senses4 that
Havayeh5 Elokeinu - our strength and life6 is beyond nature,7 and
Havayeh Echad - Havayeh is One.
FOOTNOTES
1. See Sivan 15.
2. Lit. "Hear, O Israel."
3. From the word Yisrael, one of Israel.
4. From sh'ma, "hear," "listen," or "comprehend"; hence, "senses."
5. See Tishrei 3 and footnotes.
6. Or "vitality," "life-force."
7. Havayeh, G-d transcendent, above nature, is Elokeinu, "our G-d" - our strength and life. Viz. Tishrei 3.Daily Thought:
From Beyond, With Love
A miracle is what occurs when a force from beyond the finite cosmos enters within.
That is why to see a miracle, you need an open heart and mind.
____________________________A miracle is what occurs when a force from beyond the finite cosmos enters within.
That is why to see a miracle, you need an open heart and mind.
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