Today's Laws & Customs:
• Hoshana Rabbah
The seventh day of Sukkot is called "Hoshana Rabbah" and is considered the final day of the divine "judgment" in which the fate of the new year is determined. The Psalm L'David Hashem Ori, which has been added to our daily prayer since the 1st of Elul, is recited for the last time today. Other Hoshanah Rabbah observances include:
• Night Learning
It is customary to remain awake on the night preceding Hoshanah Rabbah and study Torah. We recite the entire Book of Deuteronomy and the Book of Psalms. In some congregations it is a custom for the Gabbai (synagogue manager) to distribute apples (signifying a "sweet year") to the congregants.
• Willow and Hoshaanot
In addition to the Four Kinds taken every day of Sukkot, it is a "Rabbinical Mitzvah", dating back to the times of the Prophets, to take an additional aravah, or willow, on the 7th day of Sukkot. In the Holy Temple, large, 18-foot willow branches were set around the altar. Today, when we take the Four Kinds and carry them around the reading table in the synagogue during the "Hoshaanot" prayers, we make seven circuits around the table (instead of the daily one), and recited a lengthier prayer. At the conclusion of the Hoshaanot we strike the ground five times with a bundle of five willows, symbolizing the "tempering of the five measures of harshness."
Link: The Willow (on the deeper significance of the mitzvah of aravah).
• Festive Meal
A festive meal is eaten in the Sukkah. We dip the bread in honey (as we did in each festive meal since Rosh Hashanah) for the last time. Today is also the last occasion on which we recite the special blessing for eating in the sukkah, since the biblical commandment to dwell in the sukkah is only for seven days (though it is the practice of many communities -- and such is the Chabad custom -- that, outside of the Land of Israel, we eat in the sukkah also on the 8th day, Shemini Atzeret).
• Eat in Sukkah (7 days)
The festival of Sukkot, commemorating G-d's enveloping protection of the Children of Israel during their 40-year journey through the desert (1313-1273 BCE), is celebrated for seven days, beginning from the eve of Tishrei 15. During this time, we are commanded to "dwell" in asukkah -- a hut of temporary construction, with a roof covering of raw, unfinished vegetable matter (branches, reeds, bamboo, etc.) -- signifying the temporality and fragily of human habitation and man-made shelter and our utter dependence upon G-d's protection and providence. "How [does one fulfill] the mitzvah of dwelling in the sukkah? One should eat, drink, and live in the sukkah, both day and night, as one lives in one's house on the other days of the year: for seven days a person should make his home his temporary dwelling, and his sukkah his permanent dwelling" (Code of Jewish Law, Orach Chaim 639:1).
At least one k'zayit (approx. 1 oz.) of bread should be eaten in the sukkah on the first evening of the festival, between nightfall and midnight. A special blessing, Leishiv BaSukkah, is recited. For the rest of the festival, all meals must be eaten in the sukkah (see the Code of Jewish Lawor consult a Halachic authority as to what constitutes a "meal"). Chabad custom is to refrain from eating or drinking anything outside of the sukkah, even a glass of water.
Also see: the Ushpizin
Links: The Big Sukkah; The Temporary Dwelling; The Easy Mitzvah
• The "Four Kinds" (6 days)
"And you shall take for yourself on the first day," instructs the Torah in Leviticus "the splendid fruit of a tree, fronds of dates, the branch of the thick-leafed tree and aravot of the river." Torah SheBaal Peh (the oral tradition given to Moses at Sinai and handed through the generations, and later documented in the Mishnah and Talmud) identifies the four kinds as the etrog (citron), lulav (unopened palm branch), hadass (myrtle twig, of which three are taken) and aravah (willow, two twigs). The palm branch, three myrtle twigs and two willow twigs are bound together (with rings made from palm leaves).
Each day of Sukkot -- except Shabbat -- we take the lulav in hand, recite a blessing over it, take hold of the etrog, hold the "Four Kinds" together, and move them back and forth in all directions (right, left, forward, up, down and back). An additional blessing, shehecheyanu, is recited the first time that the Four Kinds are taken during the festival. We also hold the Four Kinds during the Hallel prayer (moving them as above in specified places in the text) and the Hoshaanot prayers (during which we march around the reading table in the synagogue) which are included in the daily service each day of Sukkot.
Link: The Four Mysteries of King Solomon
• "Water Drawing" Celebrations (7 nights)
When the Holy Temple stood in Jerusalem, one of the special Sukkot observances was to pour water on the Altar. The drawing of water for this purpose was preceded by all-night celebrations in the Temple courtyard; on the 15 steps leading to the azarah (inner courtyard) stood Levites while playing a variety of musical instruments, sages danced and juggled burning torches, and huge oil-burning lamps illuminated the entire city. The singing and dancing went on until daybreak, when a procession would make its way to the Shiloach Spring which flowed in a valley below the Temple to "draw water with joy." "One who did not see the joy of the water-drawing celebrations," declared the sages of the Talmud, "has not seen joy in his life."
While water was poured each day of the fetival, the special celebrations were held only onChol Hamoed since many of the elements of the celebration (e.g., the playing of musical instruments) are forbidden on Yom Tov.
Today, we commemorate these joyous celebrations by holding Simchat Beit HaShoeivah ("joy of the water drawing") events in the streets, with music and dancing. The Lubavitcher Rebbe initiated the custom of holding such celebrations on Shabbat and Yom Tov as well -- without musical instruments of course. The fact that we cannot celebrate as we did in the Temple, said the Rebbe, means that we are free to celebrate the joy of Sukkot with singing and dancing every day of the festival.
Link: The Taste of Water
• Chol Hamoed
The seven days of the festival of Sukkot consist of two days of "Yom Tov", followed by five days of "Chol Hamoed" ("weekdays of the festival"; also called "the intermediate days"). In the Land of Israel, there is only one day of Yom Tov, followed by six days of Chol Hamoed.
On Yom Tov all creative work is forbidden as on Shabbat, except for the tasks involved in food preparation (e.g., lighting a fire from a pre-existing flame, cooking, carrying "from domain to domain"); on Chol Hamoed, work whose avoidance would result in "significant loss" is permitted. Otherwise, all the mitzvot and customs of Sukkot apply: eating in the sukkah, taking the "four kinds", etc. The "Yaale V'yavo" prayer is included in all prayers and Grace After Meals. Hallel, Hoshaanot and Musaf are recited following the Shacharit (morning) prayers.
It is the Chabad custom not to put on tefillin during Chol Hamoed, as on Shabbat and the festivals.
Click here for a more detailed treatment of the laws of Chol Hamoed.
Daily Quote:
Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Do not give anyone special recognition when rendering judgment; hear the small as well as the great; fear no man; for the judgment is G-d's. And the thing that is too hard for you, bring it to me, and I will hear it[Moses' instruction to the magistrates, Deuteronomy 1:16-17]
Daily Study:
Chitas and Rambam for today:
Chumash: Vezot Hab'rachah, 1st Portion Deuteronomy 33:1-33:7 with Rashi
• Chapter 33
1And this is the blessing with which Moses, the man of God, blessed the children of Israel [just] before his death. אוְזֹאת הַבְּרָכָה אֲשֶׁר בֵּרַךְ משֶׁה אִישׁ הָאֱלֹהִים אֶת בְּנֵי יִשְׂרָאֵל לִפְנֵי מוֹתוֹ:
And this is the blessing… [just] before his death: Very close to the time of his death. — [see Sifrei 33: 1] “For, if not now, when?” וזאת הברכה, לפני מותו: סמוך למיתתו שאם לא עכשיו אימתי:
2He said: "The Lord came from Sinai and shone forth from Seir to them; He appeared from Mount Paran and came with some of the holy myriads; from His right hand was a fiery Law for them. בוַיֹּאמַר יְהֹוָה מִסִּינַי בָּא וְזָרַח מִשֵּׂעִיר לָמוֹ הוֹפִיעַ מֵהַר פָּארָן וְאָתָה מֵרִבְבֹת קֹדֶשׁ מִימִינוֹ אֵשׁ דָּת לָמוֹ:
He said: The Lord came from Sinai: Moses initiated his blessing by praising the Omnipresent, and then he addressed the needs of Israel. — [Sifrei 33:2] The praise with which Moses commenced, mentions the merit of Israel. All this was a way of conciliation, as if to say, “These people are worthy that a blessing should rest upon them.” ויאמר ה' מסיני בא: פתח תחלה בשבחו של מקום ואחר כך פתח בצרכיהם של ישראל. ובשבח שפתח בו יש בו הזכרת זכות לישראל וכל זה דרך ריצוי הוא, כלומר כדאי הם אלו שתחול עליהם ברכה:
came from Sinai: He came out toward them when they came to stand at the foot of the mountain, as a bridegroom goes forth to greet his bride, as it is said, “[And Moses brought the people forth] toward God” (Exod. 19:17). We learn from this, that God came out toward them (Mechilta 19:17). מסיני בא: יצא לקראתם כשבאו להתיצב בתחתית ההר כחתן היוצא להקביל פני כלה, שנאמר (שמות יט, יז) לקראת האלהים, למדנו שיצא כנגדם:
and shone forth from Seir to them: [Why did He come from Seir?] Because God first offered the children of Esau [who dwelled in Seir] that they accept the Torah, but they did not want [to accept it]. וזרח משעיר למו: שפתח לבני עשו שיקבלו את התורה ולא רצו:
He appeared: to them [Israel] הופיע: להם:
from Mount Paran: [Why did God then come from Paran?] Because He went there and offered the children of Ishmael [who dwelled in Paran] to accept the Torah, but they [also] did not want [to accept it]. — [A.Z. 2b] מהר פארן: שהלך שם ופתח לבני ישמעאל שיקבלוה, ולא רצו:
and came: to Israel. ואתה: לישראל
with some holy myriads: With God were only some of the myriads of His holy angels, but not all of them, nor [even] most of them. This is unlike the manner of a mortal, who displays all the splendor of his riches and his glory on his wedding day. — [Sifrei 33:2] מרבבת קדש: ועמו מקצת רבבות מלאכי קדש, ולא כולם ולא רובם, ולא כדרך בשר ודם שמראה כל כבוד עשרו ותפארתו ביום חופתו:
a fiery law for them: It was originally written before God in [letters of] black fire upon [a background of] white fire. — [Tanchuma Bereishith 1] He gave it to them on tablets, inscribed, [as it were,] by His right hand [thus it is said here, “from His right hand”]. Another explanation of אֵשׁ דָּת : As the Targum renders it, that He gave it to them from amidst the fire. אש דת: שהיתה כתובה מאז לפניו באש שחורה על גב אש לבנה, נתן להם בלוחות כתב יד ימינו. דבר אחר אש דת כתרגומו, שנתנה להם מתוך האש:
3Indeed, You showed love for peoples; all his holy ones are in Your hand, for they let themselves be centered at Your feet, bearing Your utterances. גאַף חֹבֵב עַמִּים כָּל קְדשָׁיו בְּיָדֶךָ וְהֵם תֻּכּוּ לְרַגְלֶךָ יִשָּׂא מִדַּבְּרֹתֶיךָ:
Indeed, You showed love for peoples: [God] also displayed great affection to the tribes, each one of whom were known as a people, for only Benjamin was destined to be born when the Holy One, blessed is He, said to Jacob, “A nation and a multitude of nations shall come into existence from you” (Genesis 35:11). [Thus we see that Benjamin alone was called “a nation.” “A multitude of nations” refers to Ephraim and Manasseh. See Rashi on Gen. 35:11, 48:4.]- [Gen. Rabbah 82:4] אף חבב עמים: גם חבה יתירה חבב את השבטים. כל אחד ואחד קרוי עם, שהרי בנימין לבדו היה עתיד להוולד כשאמר הקב"ה ליעקב (בראשית לה, יא) גוי וקהל גוים יהיה ממך:
all his holy ones are in Your hand: [This refers to] the souls of the righteous, which are hidden away with God, as it is said, “But my lord’s soul shall be bound up in the bundle of life, with the Lord, your God” (I Sam. 25:29). - [Sifrei 33:3] כל קדשיו בידך: נפשות הצדיקים הגנוזות אתו, כענין שנאמר (שמואל א' כה, כט) והיתה נפש אדוני צרורה בצרור החיים את ה' אלהיך:
for they […] be centered at Your feet: And Israel is indeed worthy of this [privilege to have their souls hidden away with God], because they placed themselves right in the middle (תּוֹךְ) of the bottom of the mountain at Your feet [figuratively speaking] at Sinai. The word תֻּכּוּ is in the passive conjugation, which has the meaning: הִתְוַכּוּ, “They [allowed themselves] to be placed right in the middle (תּוֹךְ)” [of the underside of the mountain], between Your feet. והם תכו לרגלך: והם ראוים לכך, שהרי תכו עצמן לתוך תחתית ההר לרגלך בסיני. תכו לשון פועלו, הותווכו לתוך מרגלותיך:
bearing Your utterances: They bore upon themselves the yoke of Your Torah. — [Sifrei 33:3] ישא מדברתיך: נשאו עליהם עול תורתך:
Your Torah: Heb. מִדַּבְּרֹתֶיךָ. The mem in it [i.e., in this word] is somewhat of a root letter [rather than a prefix], as in “And he heard the voice speaking (מִדַּבֵּר) to him” (Num. 7:89); and “And I heard what was being spoken (מִדַּבֵּר) to me” (Ezek. 2:2). This form is similar to מִתְדַּבֵּר אֵלַי, [speaking to Himself for me to hear, see Rashi on Num. 7:89]. This too, namely, the word מִדַּבְּרֹתֶיךָ, means: “what You were speaking to let me know what to tell the children of Israel.” Tes porparledurs in Old French. Onkelos, however, renders [the phrase יִשָּׂא מִדַּבְּרֹתֶיךָ as: “they traveled (יִשָּׂא like יִסַּע) according to Your commands (דַּבְּרֹתֶיךָ).” Thus, the mem is a servile prefix, with the meaning of מִן, from. [Thus, according to Onkelos, the word מִדַּבְּרֹתֶיךָ literally means, from Your utterances.] Another explanation [of this verse is as follows]: Indeed, You showed love for peoples — even when You displayed Your affection towards the nations of the world, showing them a smiling [friendly] face, and You delivered Israel into their hands, מדברתיך: המ"ם בו קרוב ליסוד, כמו (במדבר ז, פט) וישמע את הקול מדבר אליו, (יחזקאל ב, ב) ואשמע את קול מדבר אלי, כמו מתדבר אלי, אף זה מדברותיך מה שהיית מדבר להשמיעני לאמר להם. טיי"ש פורפרלידורי"ש בלע"ז [דיבורך]. ואונקלוס תרגם שהיו נוסעים על פי דבריך, והמ"ם בו שמוש משמשת לשון מן. דבר אחר אף חבב עמים אף בשעת חבתם של אומות העולם שהראית להם פנים שוחקות ומסרת את ישראל בידם:
all his holy ones are in Your hand: All Israel’s righteous and good people clung to You; they did not turn away from You, and You guarded them. — [B.B. 8a)] כל קדשיו בידך: כל צדיקיהם וטוביהם דבקו בך ולא משו מאחריך ואתה שומרם:
for they let themselves be centered at your feet: And they placed themselves right in the middle of, and entered beneath Your [protective] shadow; והם תכו לרגלך: והם מתמצעים ומתכנסים לתחת צלך:
bearing your utterances: And they gladly accepted Your decrees and Your laws. — [see Tanchuma 5] And these were their words: ישא מדברתיך: מקבלים גזרותיך ודתותיך בשמחה. ואלה דבריהם:
4The Torah that Moses commanded us is a legacy for the congregation of Jacob. דתּוֹרָה צִוָּה לָנוּ משֶׁה מוֹרָשָׁה קְהִלַּת יַעֲקֹב:
The Torah that Moses commanded us is a legacy for the congregation of Jacob: We have taken hold of it, and we will not forsake it! תורה: אשר צוה לנו משה מורשה היא לקהלת יעקב, אחזנוה ולא נעזבנה:
5And He was King in Jeshurun, whenever the sum total of the people were gathered, and the tribes of Israel were together, הוַיְהִי בִישֻׁרוּן מֶלֶךְ בְּהִתְאַסֵּף רָאשֵׁי עָם יַחַד שִׁבְטֵי יִשְׂרָאֵל:
And He was: i.e., the Holy One, blessed is He, ויהי: הקב"ה:
was King in Jeshurun: i.e., the yoke of God’s sovereignty was always upon them. בישרון מלך: תמיד עול מלכותו עליהם:
whenever the sum total of the people were gathered: At every gathering of רָאשֵׁי - meaning, whenever their number is gathered. רָאשֵׁי as in the verse,“When you take the count (רֹאשׁ) of the children of Israel” (Exod. 30:12). These people are worthy that I should bless them. Another explanation: When Israel is gathered together in a unified group, and there is peace among them, God is their King-but not when there is strife among them. — [Sifrei 33:5] בהתאסף: בכל התאסף ראשי חשבון אסיפתם. ראשי, כמו (שמות ל, יב) כי תשא את ראש, ראויין אלו שאברכם. דבר אחר, בהתאסף, בהתאספם יחד באגודה אחת ושלום ביניהם הוא מלכם, ולא כשיש מחלוקת ביניהם:
6May Reuben live and not die, and may his people be counted in the number. ויְחִי רְאוּבֵן וְאַל יָמֹת וִיהִי מְתָיו מִסְפָּר:
May Reuben live: in this world, יחי ראובן: בעולם הזה:
and not die: in the world-to-come, that the incident involving Bilhah not be remembered against him. — [see Rashi Gen. 35:22; Sifrei 33:6] ואל ימות: לעולם הבא, שלא יזכר לו מעשה בלהה:
and may his people be counted in the number: May Reuben be counted along with the enumeration of the rest of his brothers. This [matter, that the incident involving Bilhah should not exclude Reuben from being counted together with his brothers] is similar to what is said: “[And Reuben went] and lay with Bilhah… and Jacob’s sons were twelve” (Gen. 35:22), [indicating] that he was not excluded from the number [of Jacob’s sons, on account of this incident]. ויהי מתיו מספר: נמנין במנין שאר אחיו, דוגמא היא זו כענין שנאמר (בראשית לה, כב) וישכב את בלהה ויהיו בני יעקב שנים עשר, שלא יצא מן המנין:
7May this [also be] for Judah." And he [Moses] said, "O Lord, hearken to Judah's voice and bring him to his people; may his hands do battle for him, and may You be a help against his adversaries." זוְזֹאת לִיהוּדָה וַיֹּאמַר שְׁמַע יְהֹוָה קוֹל יְהוּדָה וְאֶל עַמּוֹ תְּבִיאֶנּוּ יָדָיו רָב לוֹ וְעֵזֶר מִצָּרָיו תִּהְיֶה:
May this [also be] for Judah: He juxtaposed Judah to Reuben, because they both confessed to the wrong they had done, as it is said, “that wise men have told… to them alone… and no stranger passed between them” (Job 15:18-19). [This verse alludes to the confession of Reuben and Judah (“that wise men have told”), and how they were consequently blessed here together (“them alone”); although Levi was next in line chronologically to Reuben, nevertheless here, in the context of this blessing, Levi did not come between them (“no stranger came between them”), but rather, he was blessed immediately afterwards (verses 8-11).]- [see Rashi, Job 15:19] Our Rabbis further explained that during the entire forty years that Israel was in the desert, Judah’s bones were rolling in his coffin, because of the excommunication which he had accepted upon himself [when he took responsibility for Benjamin], as it is said, “If I will not bring him to you… then I have sinned against you all of the days” (Gen. 43:9). [So], Moses said, “Who caused Reuben to [publicly] confess his sin? It was Judah…” (see Sotah 7b) [and thus, by placing Judah together with Reuben, Moses alluded to this merit of Judah, and, in effect, “May the Lord listen to Judah’s voice,” is a prayer that Judah’s bones would finally come to rest]. וזאת ליהודה: סמך יהודה לראובן, מפני ששניהם הודו על קלקול שבידם, שנאמר (איוב טו, יח - יט) אשר חכמים יגידו וגו' להם לבדם וגו' ולא עבר זר בתוכם. ועוד פירשו רבותינו, שכל ארבעים שנה שהיו ישראל במדבר היו עצמות יהודה מתגלגלים בארון מפני נדוי שקבל עליו, שנאמר (בראשית מד, לב) וחטאתי לאבי כל הימים, אמר משה מי גרם לראובן שיודה יהודה וכו':
O Lord, hearken to Judah’s voice: [I.e., Also, hear the prayer of Judah’s descendants:] The prayer of David and Solomon, and the prayer of Asa because of the Ethiopians, and that of Jehoshaphat on account of the Ammonites, and that of Hezekiah because of Sennacherib. — [see Sifrei 33:7] שמע ה' קול יהודה: תפלת דוד ושלמה ואסא מפני הכושים, ויהושפט מפני העמונים, וחזקיה מפני סנחריב:
and bring him to his people: in peace, from war. ואל עמו תביאנו: לשלום מפני המלחמה:
his hands will do battle for him: May his hands fight his battle (רִיבוֹ), and may they exact his vengeance. ידיו רב לו: יריבו ריבו וינקמו נקמתו:
and may You be a help against his adversaries: [Moses here] was praying for [Judah’s descendant] Jehoshaphat, concerning the battle of Ramoth Gilead, [as Scripture states,] “Jehoshaphat cried out, and the Lord helped him (עֲזָרוֹ)” (II Chron. 18:31). Another explanation: ועזר מצריו תהיה: על יהושפט התפלל על מלחמת רמות גלעד, (דה"ב יח, לא) ויזעק יהושפט וה' עזרו. דבר אחר ...
O Lord, hearken to Judah’s voice: Here, included within Judah’s blessing, Moses alluded to [and incorporated] a blessing for Simeon [the allusion being in the word שְׁמַע, the very root of שִׁמְעוֹן]. Also [in accordance with this incorporation of Simeon within Judah], when they divided Eretz Israel [among the tribes], Simeon received [his portion] out of the lot of Judah, as Scripture states, “Out of the lot of the children of Judah was the inheritance of the children of Simeon” (Josh. 19:9). - [Sifrei 33:7] Now why did Moses not devote a separate blessing for him? Because he held against him what he had done in Shittim [referring to the sin of Zimri the son of Salu, a leader of the tribe of Simeon (see Num. 25:1-14)]. So it is written in the Aggadah of Psalms. — [Shocher Tov 90] שמע ה' קול יהודה: כאן רמז ברכה לשמעון מתוך ברכותיו של יהודה, ואף כשחלקו ארץ ישראל נטל שמעון מתוך גורלו של יהודה שנאמר (יהושע יט, ט) מחבל בני יהודה נחלת בני שמעון. ומפני מה לא ייחד לו ברכה בפני עצמו, שהיה בלבו עליו על מה שעשה בשטים, כן כתוב באגדת תהלים:
Daily Tehillim: Chapters 104 - 105
• Chapter 104
This psalm tells of the beauty of creation, describing that which was created on each of the six days of creation. It proclaims the awesomeness of God Who sustains it all-from the horns of the wild ox to the eggs of the louse.
1. My soul, bless the Lord! Lord my God, You are greatly exalted; You have garbed Yourself with majesty and splendor.
2. You enwrap [Yourself] with light as with a garment; You spread the heavens as a curtain.
3. He roofs His heavens with water; He makes the clouds His chariot, He moves [them] on the wings of the wind.
4. He makes the winds His messengers, the blazing fire His servants.
5. He established the earth on its foundations, that it shall never falter.
6. The depths covered it as a garment; the waters stood above the mountains.
7. At Your exhortation they fled; at the sound of Your thunder they rushed away.
8. They ascended mountains, they flowed down valleys, to the place which You have assigned for them.
9. You set a boundary which they may not cross, so that they should not return to engulf the earth.
10. He sends forth springs into streams; they flow between the mountains.
11. They give drink to all the beasts of the field; the wild animals quench their thirst.
12. The birds of the heavens dwell beside them; they raise their voice from among the foliage.
13. He irrigates the mountains from His clouds above; the earth is satiated from the fruit of Your works.
14. He makes grass grow for the cattle, and vegetation requiring the labor of man to bring forth food from the earth;
15. and wine that gladdens man's heart, oil that makes the face shine, and bread that sustains man's heart.
16. The trees of the Lord drink their fill, the cedars of Lebanon which He planted,
17. wherein birds build their nests; the stork has her home in the cypress.
18. The high mountains are for the wild goats; the rocks are a refuge for the rabbits.
19. He made the moon to calculate the festivals; the sun knows its time of setting.
20. You bring on darkness and it is night, when all the beasts of the forest creep forth.
21. The young lions roar for prey, and seek their food from God.
22. When the sun rises, they return and lie down in their dens.
23. Then man goes out to his work, to his labor until evening.
24. How manifold are Your works, O Lord! You have made them all with wisdom; the earth is full of Your possessions.
25. This sea, vast and wide, where there are countless creeping creatures, living things small and great;
26. there ships travel, there is the Leviathan that You created to frolic therein.
27. They all look expectantly to You to give them their food at the proper time.
28. When You give it to them, they gather it; when You open Your hand, they are satiated with goodness.
29. When You conceal Your countenance, they are terrified; when You take back their spirit, they perish and return to their dust.
30. When You will send forth Your spirit they will be created anew, and You will renew the face of the earth.
31. May the glory of the Lord be forever; may the Lord find delight in His works.
32. He looks at the earth, and it trembles; He touches the mountains, and they smoke.
33. I will sing to the Lord with my soul; I will chant praise to my God with my [entire] being.
34. May my prayer be pleasant to Him; I will rejoice in the Lord.
35. May sinners cease from the earth, and the wicked be no more. Bless the Lord, O my soul! Praise the Lord!
Chapter 105
When David brought the Holy Ark up to the City of David, he composed this psalm and sang it before the Ark. He recounts all the miracles that God performed for the Jews in Egypt: sending before them Joseph, who was imprisoned, only to be liberated by God, eventually attaining the status of one who could imprison the princes of Egypt without consulting Pharaoh.
1. Offer praise to the Lord, proclaim His Name; make His deeds known among the nations.
2. Sing to Him, chant praises to Him, speak of all His wonders.
3. Glory in His holy Name; may the heart of those who seek the Lord rejoice.
4. Search for the Lord and His might; seek His countenance always.
5. Remember the wonders that He has wrought, His miracles, and the judgements of His mouth.
6. O descendants of Abraham His servant, children of Jacob, His chosen ones:
7. He is the Lord our God; His judgements extend over the entire earth.
8. He remembers His covenant forever, the word which He has commanded to a thousand generations;
9. the covenant which He made with Abraham, and His oath to Isaac.
10. He established it for Jacob as a statute, for Israel as an everlasting covenant,
11. stating, "To you I shall give the land of Canaan"-the portion of your inheritance,
12. when they were but few, very few, and strangers in it.
13. They wandered from nation to nation, from one kingdom to another people.
14. He permitted no one to wrong them, and admonished kings for their sake:
15. "Do not touch my anointed ones, and do not harm my prophets.”
16. He called for a famine upon the land; he broke every source of bread.
17. He sent a man before them; Joseph was sold as a slave.
18. They afflicted his foot with chains, his soul was put into iron;
19. until the time that His words came, the decree of the Lord purified him.
20. The king sent [word] and released him, the ruler of nations set him free.
21. He appointed him master of his house and ruler of all his possessions,
22. to imprison his princes at will, and to enlighten his elders.
23. Thus Israel came to Egypt, and Jacob sojourned in the land of Ham (Egypt).
24. He multiplied His nation greatly, and made it mightier than its adversaries.
25. He turned their hearts to hate His nation, to conspire against His servants.
26. He sent Moses, His servant; Aaron, whom He had chosen.
27. They placed among them the words of His signs, miracles in the land of Ham.
28. He sent darkness and made it dark, and they did not defy His word.
29. He transformed their waters to blood, and killed their fish.
30. Their land swarmed with frogs in the chambers of their kings.
31. He spoke, and hordes of wild beasts came, and lice throughout their borders.
32. He turned their rains to hail, flaming fire in their land;
33. it struck their vine and fig tree, it broke the trees of their borders.
34. He spoke, and grasshoppers came, locusts without number;
35. and it consumed all grass in their land, it ate the fruit of their soil.
36. Then He smote every firstborn in their land, the first of all their potency.
37. And He took them out with silver and gold, and none among His tribes stumbled.
38. Egypt rejoiced at their leaving, for the fear [of Israel] had fallen upon them.
39. He spread out a cloud for shelter, and a fire to illuminate the night.
40. [Israel] asked, and He brought quail, and with the bread of heaven He satisfied them.
41. He opened a rock and waters flowed; they streamed through dry places like a river,
42. for He remembered His holy word to Abraham His servant.
43. And He brought out His nation with joy, His chosen ones with song.
44. He gave them the lands of nations, they inherited the toil of peoples,
45. so that they might keep His statutes and observe His laws. Praise the Lord!
Tanya: Iggeret HaKodesh, middle of Epistle 23• Lessons in Tanya
• Sunday, Tishrei 21, 5776 · October 4, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 23
כי קביעת שכר הוא שמאיר ה׳ לנפש תדרשנו באור תורתו, שהוא מעטה לבושו ממש
For the allotment of a reward is what takes place when G‑d irradiates1 “the soul that seeks Him” with the light of His Torah, which is truly the covering in which G‑d garbs Himself.
Through this garment, i.e., through the Torah, G‑d irradiates the soul of the Jew who seeks Him. This search for Him can take place either during the service of prayer that precedes one’s study of Torah, or during one’s actual study. As explained at the conclusion of ch. 37 of Tanya, the Talmudic phrase קורא בתורה can mean not only “reading (i.e., studying) the Torah,” but also “calling [G‑d] through the Torah.” In this sense, when one studies Torah one resembles a child who calls his father, asking him to come and be with him.
ולכן נקראת התורה אור, שנאמר: עוטה אור כשלמה
For this reason the Torah is called “light”, as it is written,2 “He garbs Himself in light, as with a garment.”3
This verse refers to the degree of illumination (diffused by the Torah) which, like a garment, is finite.
Likewise, the faculties of the soul are inherently limited, both quantitatively and qualitatively. Since the light that emanates to the soul must be integrated within its faculties, this illumination itself must also be limited. In the words of the Alter Rebbe:
והנפש היא בעלת גבול ותכלית בכל כחותיה
Now the soul is limited and finite in all its faculties.
לכן גם אור ה׳ המאיר בה הוא גבולי, מצומצם, ומתלבש בתוכה
Therefore, the light of G‑d that radiates in it is also limited and contracted, and vests itself within it.
ועל כן יתפעל לב מבקשי ה׳ בשעת התפלה וכיוצא בה
This is why the hearts of those who seek G‑d are ecstatically aroused at the time of prayer and the like.
כי בו ישמח לבם, ויגיל אף גילת ורנן
For their hearts rejoice in Him and exult4 “even with exultation and song,”
ותתענג נפשם בנועם ה׳ על ה׳ ואורו
and their souls delight in the pleasantness of G‑d5 and His light
בהגלותו ממעטה לבושו, שהיא התורה
as it becomes revealed through the covering in which [G‑d] garbs Himself, which is the Torah;
ויצא כברק חצו
“and His arrow comes forth like lightning”:6 from this garment, this illumination initially emanates to the soul with all the vigor of a lightning bolt.7
וזו היא קביעת שכר התורה, הקבועה תמיד בנפש עמלה בה
This is the allotment of the reward for the [study of] Torah, which is always fixed in the soul that labors in it.
Being fixed within the soul constantly, this reward is received by the soul not only in the World to Come — when the soul is enabled to apprehend rewards that are not to be obtained in this world8 — but in this world as well. And since this kind of reward consists of a finite degree of illumination, it can be received by the soul even as the soul finds itself within the body.
This is why it is written that a reward awaits even one individual who studies Torah.
אבל ההשראה
Indwelling, however, i.e., that degree of indwelling of which it is written that “the Shechinah dwells among them,”
היא הארה עצומה מאור ה׳, המאיר בה בלי גבול ותכלית
is an intense radiation from the light of G‑d, that radiates in it — within the soul itself, and not within its inherently limited faculties — without limit or end.
ואינו יכול להתלבש בנפש גבולית, כי אם מקיף עליה מלמעלה, מראשה ועד רגלה
It cannot become vested (i.e., integrated and internalized) within a finite soul, but encompasses it from above,like a transcendent (makkif) light, “from its head to its foot,” so that all the levels and faculties of the soul, from the highest to the lowest, are surrounded by this infinite Divine light.
כמו שאמרו חז״ל: אכל בי עשרה שכינתא שריא, כלומר: עליהם, מלמעלה
As our Sages, of blessed memory, taught,9 “The Shechinah hovers over every gathering of ten Jews” — over them, from above.
Just as the Shechinah hovers over all Jews in an encompassing manner even when they are not studying Torah, so, too, even with regard to the indwelling of the Shechinah that is brought about by congregational Torah study: this illumination of the soul, being infinite, must be primarily transcendent.
כמו שכתוב: ויהי נועם ה׳ אלקינו עלינו, ומעשה ידינו כוננה עלינו
Thus it is written,10 “May the pleasantness of the L‑rd our G‑d be upon us; establish upon us the work of our hands”;
כלומר: כי נועם ה׳ אשר הופיע במעשה ידינו, בעסק התורה והמצות
i.e., [we ask] that the pleasantness of G‑d which has appeared through the work of our hands, in [our] involvement in the Torah and the commandments11 —
דאורייתא וקודשא בריך הוא כולא חד
for12 “the Torah and the Holy One, blessed be He, are entirely one” —
יתכונן וישרה עלינו מלמעלה
become established and rest upon us from above, in an encompassing manner,
להיותו בלי גבול ותכלית, ואינו מתלבש בנפשנו ושכלנו
for it is without limit and end, and does not become vested within our [finite] soul and intellect.
ועל כן אין אנו משיגים בשכלנו הנעימות והעריבות מנועם ה׳ וזיו השכינה בלי גבול ותכלית
This is why we do not apprehend with our intellect the delightfulness and sweetness of “the pleasantness of G‑d,” and the unlimited splendor of the Shechinah,
אשר מתכונן ושורה עלינו במעשה ידינו בתורה ומצות ברבים דוקא
that is established and rests upon us through the work of our hands, in [our] joint study of the Torah and [our] joint fulfillment of the commandments.
An infinite order of illumination is elicited only by collective Torah study and performance of mitzvot.
ועל זה אמרו רז״ל: שכר מצוה בהאי עלמא ליכא
And of this our Sages, of blessed memory, said,13 “In this world there is no reward for the [performance of the] commandments.”
Since this world is finite, it cannot be a receptor for the infinite revelation of Divine radiance that is called forth by the performance of the mitzvot.
כי אי אפשר לעולם להשיגו, כי אם בהתפשטות הנפש מהגוף
For it is impossible for the world to attain it (i.e., the reward of infinite light) except when the soul is divested from the body and unencumbered by it;
ואף גם זאת, על דרך החסד, כמו שכתוב: ולך ה׳ חסד, כי אתה תשלם לאיש כמעשהו
and even then, [the soul is able to receive this light only] by way of grace; as it is written,14 “Kindness, O G‑d, is Yours, for You render to every man according to his work.”15 I.e., granting every man an infinite degree of illumination according to his work in Torah and mitzvot is an act of kindness on G‑d’s part.
וכמו שאמרו רז״ל: שהקב״ה נותן כח בצדיקים כו׳
Thus our Sages, of blessed memory, taught16 that the Holy One, blessed be He, gives the righteous the capacity [to receive their reward in the World to Come].
Even then this gift is needed, for even after the soul divests itself of its body it is finite, while the reward that it receives is infinite.
מה שאין כן במלאכים
This is not so, however, with the angels,17 which are incapable of receiving an infinite degree of revelation;
כמו ששמעתי מרבותי, כי אילו נמצא מלאך אחד עומד במעמד עשרה מישראל ביחד, אף שאינם מדברים בדברי תורה
as I heard from my masters, viz., the Baal Shem Tov and the Maggid of Mezritch, that if one18 angel19 were to stand in the presence of a gathering of ten Jews, even if there were no words of Torah between them, yet still, since the Shechinah rests upon every gathering of ten Jews,
תפול עליו אימתה ופחד בלי גבול ותכלית, משכינתא דשריא עלייהו, עד שהיה מתבטל ממציאותו לגמרי
such a boundless and infinite terror and dread would then befall him on account of the Shechinah that abides over them, that he would become utterly nullified.
The sanctity of ten Jews congregating together, even if they are not engaged in Torah study, is so intense, than an angel would become utterly nullified when confronting the indwelling of the Shechinah that abides in the presence of ten Jews.20
In Sefer HaSichot 5704,21 the Rebbe Rayatz relates that when his father taught him this letter for the second time, and they came to the above theme of the superiority of souls over angels, he noted that “As I heard from my masters” refers to both the Baal Shem Tov and the Maggid of Mezritch; the phrase “I heard from my teacher” (in the gloss to ch. 35) refers to the Maggid of Mezritch.
The Rebbe Rashab went on to tell him that this theme is one of the laws that are studied in Gan Eden.
Then, having shared with him eight narratives regarding the laws studied in Gan Eden, he concluded: “And all this is discussed in Tanya in order to [encourage] the establishment of daily study groups in Ein Yaakov, concerning which the Alter Rebbe states that most of the secrets of the Torah are concealed in it, and that moreover it atones for man’s sins.
At that time, too, the Rebbe Rayatz writes,22 his father told him that chassidim of old used to include as part of their indispensable daily study sessions — in addition to Mishnayot, a page of Gemara, and Tanya — a passage of Ein Yaakov, and at least one law (of two paragraphs) in Kitzur Shulchan Aruch.23 If a paragraph was long, it was studied as one law, though usually one law is divided there into two paragraphs.
* * *
| FOOTNOTES | |
| 1. | Eichah 3:25. |
| 2. | Tehillim 104:2. |
| 3. | Note of the Rebbe: “The proof text usually cited is the verse (Mishlei 6:23), ‘For a mitzvah is a lamp and the Torah is light.’ Here, however, the Alter Rebbe seeks to show that the study of ‘the Torah [that] is light’ results in a Divine irradiation, for ‘the light of His Torah,’ like a garment, reveals many aspects of that which is clothed in it. (This is why [the Alter Rebbe writes above that ‘the Torah is simply] called light (אור),’ for this term shows — more than the term תורה אור — that [the light of the Torah] serves as a garment by which Gd is revealed.) See also the Tzemach Tzedek on the phrase Oteh or.” |
| 4. | Yeshayahu 35:2. |
| 5. | The variant reading literally means “over G‑d”; i.e., they delight in G‑d Himself. |
| 6. | Zechariah 9:14. |
| 7. | Note of the Rebbe: “See Iggeret HaKodesh, end of Epistle XV, [regarding the light that comes forth] from “the source [of the intellect, ... like ... a flash of lightning].’” |
| 8. | Kiddushin 39b. |
| 9. | Sanhedrin 39a. |
| 10. | Tehillim 90:17. |
| 11. | Note of the Rebbe: “The interpretation that the ‘work of our hands’ refers to the ‘study of the Torah’ and the ‘fulfillment of the commandments,’ requires further examination.” |
| 12. | Zohar II, 90b; see also II, 60a, and III, 73a. |
| 13. | Kiddushin 39b. |
| 14. | Tehillim 62:13. |
| 15. | Note of the Rebbe: “Seemingly, where is the kindness if He pays the individual according to his work? This question indicates that G‑d’s kindness lies in His enabling a [finite] mortal to receive [the infinite reward].” |
| 16. | Sanhedrin 100b. |
| 17. | Note of the Rebbe: “...for they were not granted this capacity.” |
| 18. | Note of the Rebbe: “Further examination is required to understand the meaning [of ‘one angel’].” |
| 19. | Note of the Rebbe: “This requires further examination, for angels elevate even congregational prayers. [How, then, is this possible if they become utterly nullified in the presence of ten Jews?]” |
| 20. | Note of the Rebbe: “We must say that the reason why the ten Jews themselves do not become nullified, etc., nor terrorstricken, etc., is that [the Divine Presence] is not perceived even by their mazal. [I.e., it is not perceived even superconsciously, by the heavenly root of their souls.] (For if it were perceived, they would no doubt be in a state of trepidation, as in our Sages’ description [Megillah 3a] of Daniel’s friends.) Indeed, this [state of unawareness] must exist, for without it free choice would cease, as is to be understood from the disposition of Daniel’s friends.“ As to the benefit of the indwelling of the Shechinah: [i.e., if this is totally concealed from the Jew, what possible benefit does he derive from it?] — It grants him assistance, though concealed, in his spiritual service.” |
| 21. | Pp. 97-98. |
| 22. | P. 101. |
| 23. | Note of the Rebbe: “This is most likely a typographical slip, for (1) even in later generations the study of Kitzur Shulchan Aruch was not widespread in Russia; (2) most paragraphs contain one law each; (3) it was first printed during the last years of the Tzemach Tzedek, outside of Russia; (4) the Alter Rebbe’s Shulchan Aruch was published early in the leadership of the Mitteler Rebbe, and from that time onward regular sessions were surely set up for the study of its clearly delineated laws. What possible reason would there be to change this and replace it [by the study of Kitzur Shulchan Aruch]?” |
• Sefer Hamitzvos:Full text of this Mitzvah »
| Today's Mitzvah Tishrei 21, 5776 · October 4, 2015 A daily digest of Maimonides’ classic work "Sefer Hamitzvot" Positive Commandment 242 The Unpaid Watchman "If a man gives his neighbor money or vessels to watch"—Exodus 22:6. We are commanded [to follow all the laws outlined in the Torah] regarding one who watches an object for his fellow without compensation. | The Unpaid Watchman | Positive Commandment 242 | Translated by Berel Bell | The 242nd mitzvah is that we are commanded regarding the law of an unpaid watchman.1 | The source of this commandment is G‑d's statement2 (exalted be He), "If one person gives another money or articles to watch...." | The details of this mitzvah are explained in the 9th chapter of tractate Bava Kama, the 3rd chapter of Bava Metzia and the 8th chapter of Shavuos. | FOOTNOTES | 1. | See note to P243. | 2. | Ex. 22:6. |
Ma'achalot Assurot - Chapter 13
Halacha 1
[The following rules apply when a Jew] purchases or rents a building in a courtyard belonging to a gentile and fills it with wine. If the Jew lives in that courtyard, the wine is permitted even if the entrance is open. [The rationale is that] the gentile will always worry, saying: "He may suddenly enter his building and find me there." If the Jew lives in another courtyard,1 he should not depart until he closes the building and keeps the key and the seal2 in his possession. He need not fear that the gentile will make a copy of the key to the building.
Halacha 2
When [the Jew] left [the building] without closing the entrance or closed it and gave the key to the gentile, it is forbidden to drink the wine. Perhaps the gentile entered and poured a libation, for the Jew is not present there.3
If [the Jew] told [the gentile]: "Hold the key for me until I come," the wine is permitted. He did not entrust him with guarding the house, only with guarding the key.4
Halacha 3
[The following laws apply when] a gentile hires a Jew to prepare wine for him in a state of ritual purity5 so that it will be permitted to the Jews and they will purchase it from wine. The wine is [stored] in a building belonging to the gentile. If the Jew who is guarding the wine lives in that courtyard, the wine is permitted. [This applies] even if the entrance is open and the [Jewish] guard goes out and returns.6
If the guard lives in another courtyard,7 the wine is forbidden even though the key and the seal are in the possession of a Jew. [The rationale is that] since the wine belongs to the gentile and is found in his domain, he does not fear falsifying [the seal and/or key] and to enter the building. He will say: "What could be? If they find out about this, they will not purchase [the wine] from me."8
Halacha 4
Even if a gentile wrote [a legal document] for the Jew stating that he received the money for which he agreed to sell him the wine,9 since the Jew cannot remove the wine from the gentile's domain until he pays him the money, the wine belongs to the gentile and it is forbidden unless the guard lives in the courtyard.
The guard does not have to sit and guard [the wine] at all times. Instead, he may come in and go out, as explained. [This applies whether the wine is stored] in the domain belonging to the owner of the wine or in a domain belonging to another gentile.
Halacha 5
When the pure wine belonging to a gentile was placed in the public domain or in a building that is open to the public domain and there are Jews going back and forth, it is permitted.10 For it has not entered the gentile's domain.
Halacha 6
[When wine is located] in a garbage dump, a window, or under a palm tree even if it does not have fruit, it is as [if it is located in] the public domain.11When a gentile is located near wine located in such a place, it is not forbidden. A house which is open to such a place is considered as if it as open to the public domain.
Halacha 7
[The following rule applies when] there is a courtyard divided by low barriers,12on one side there is a gentile and on the other, a Jew, there are two roofs, with the Jew's roof located above the gentile's roof, or [the two roofs are located] side by side, but there are dividers separating them. Even though the gentile can reach the Jew's portion, he need not worry about [the gentile pouring] his wine as a libation13 or [disqualifying] articles that are ritually pure.14
Halacha 8
It is permitted for a Jew to entrust his wine to a gentile for safekeeping in a closed container, provided it has two distinguishing marks. This is referred to as "a seal within a seal."15
What is implied? [A Jew] closed a barrel with a utensil that is not tightly fitting as most people do and then sealed it with clay, it is considered as one seal. If the container is tightly fitting and he applied clay to it from above, it is considered as "a seal within a seal."
Similarly, if one tied the opening to a wineskin close, it is considered as one seal. If he turned the opening to the wineskin inside and then tied it close, it is considered as "a seal within a seal." Similarly, any deviation from the ordinary pattern people follow is considered as one seal and applying clay or tying it is a second seal.16
Halacha 9
If [a Jew] entrusted [wine that was closed] with one seal to a gentile for safekeeping, it is forbidden to drink it, but it is permitted to benefit from it provided he designates a [specific] corner for it.17
Halacha 10
Two seals are not necessary when one deposits boiled wine, beer, wine which is mixed with other substances, e.g., honey or oil,18 vinegar, cheese, and any substance that is forbidden only according to Rabbinic Law with a gentile. Instead, one seal is sufficient.19 Nevertheless, two seals are necessary for wine, meat, and pieces of fish that do not have signs and which were entrusted to a gentile.20
Halacha 11
It appears to me that anywhere in this context that we have stated that our wine is forbidden to be drunk, but it is permitted to benefit from it because of the possibility that a gentile touched it, we are speaking about an instance where the gentile is an idolater. If, however, the prohibition has arisen because of a gentile who is not an idolater, e.g., an Arab,21 who touched our wine unintentionally or tapped the top of a barrel,22 [the wine] is permitted to be drunken. Similar laws apply in all analogous situations.
Halacha 12
When, however, one deposits wine in the domain of a resident alien23 sends wine with him and departs for an extended period, or leaves one's home open in a courtyard that [one shares with] a resident alien, it is forbidden to drink the wine. For it appears to me that the suspicions that a gentile will exchange [wine] and forge [a seal] apply equally to all gentiles. Since the wine enters their domain,24 it is forbidden at least to drink it.25
Halacha 13
There are situations where the prohibition against wine poured as a libation does not apply at all, yet our Sages forbade them as a safeguard against libation. They are: a gentile should not mix water into wine in a Jew's possession lest he come to pour wine into water. A gentile should not bring grapes to the winepress lest he come to press them or touch the wine. He should not help a Jew when he pours wine from one container to another lest he leave the wine in the possession of the gentile and the wine [flow] because of [the gentile's] power. If the gentile assists [the Jew], mixes water [into wine] or brings grapes, [the wine] is permitted.26
Halacha 14
Halacha 15
We already explained,30 that whenever it is forbidden to benefit from a substance, if one transgresses and sells it, it is permitted [to make use of] the money with the exception of false deities, their accessories, offerings made to them, and wine poured as a libation to it. Our Sages were stringent with regard ordinary gentile wine [and ruled that] money given for it is forbidden like money given for wined poured as a libation to a false deity.
Accordingly, when a gentile hires a Jew to work with him with wine, his wages are forbidden.31
Halacha 16
Halacha 17
If a gentile rented a donkey to ride and placed containers of wine on it, the rental fee for the donkey is permitted.35 If [a gentile] hires a Jew to break barrels of wine used as a libation, his fee is permitted. May he be blessed because he eliminated obscenity.
Halacha 18
When a person hires a worker and tells him: "Transport 100 barrels of beer for me for 100 p'rutot," and it is discovered that one of them is [gentile] wine, his entire wage is forbidden.36
Halacha 19
If he told him: "Transport barrels for me at a p'rutah each," and he transported them and barrels of wine were discovered among them, the wage for the barrels of wine is forbidden. The remainder of the wage is permitted.37
Halacha 20
Halacha 21
When a gentile owed a Jew a maneh,40 it is permitted for the gentile to sell a false deity and wine that had been poured as a libation and bring him the money. If, before he sells them, he tells [the Jew]: "Wait until I sell the false deity or libation wine that I own and [then] I will bring you [the money]," if he sells it and brings [the money] to him, [the money] is forbidden. [This applies] even with regard to ordinary gentile wine. [The rationale is that] the Jew desires that [the false deity or the wine] to continue to exist so that he will be able to pay him his debt.41
Halacha 22
Similarly, when a convert and a gentile were partners and they came to divide the resources [of the partnership], the convert may not tell the gentile: "You take the false deity and I will take the money. You take the wine and I will take the produce." [The rationale is that] he desires that [the forbidden entities] continue to exist so that he will be able to receive something in exchange for them.42
When, by contrast, a convert and a gentile inherit the estate of their father who was a gentile, [the convert] may tell [the gentile]: "You take the false deity and I will take the money. You take the wine and I will take the oil." This is a leniency granted with regard to an estate inherited by a convert so that he will not return to his deviant ways.43 If [the forbidden entities] entered the domain of the convert, it is forbidden.44
Halacha 23
[The following rules apply when] a Jew sells his wine to a gentile. If he established a price before he measured out [the wine], the money is permitted. [The rationale is that] from the time a price was established, [the gentile] definitely agreed [to the purchase] and when he pulled [the wine] into his domain, he acquired it.45 And it does not become [comparable to] wine offered as a libation until he touches it. Therefore at the time of sale, it was permitted.
If he measured it out for him before he established a price, the money is forbidden. [The rationale is that the gentile] did not definitely agree [to the purchase], even though he pulled [the wine] into his domain.46 Thus at the time he touched [the wine], he had not definitely agreed to the purchase. Hence the wine becomes forbidden because of his touch and it is as if [the Jew] is selling gentile wine.
Halacha 24
When does the above apply? When the Jew measured [the wine] into his own containers. If, however, he measured it into the gentile's containers or to a container belonging to a Jew in the gentile's possession, he must take the money,47 before measuring out [the wine]. If he measured out [the wine,] but did not take the money, the money is forbidden even though he established a price. As soon as [the wine] enters [the gentile's] container, it is forbidden as ordinary gentile wine.48
Halacha 25
When [a Jewish employer] gives a dinar to a gentile storekeeper and tells his gentile employee: "Go, drink, and eat [on my account] from the storekeeper and I will settle the accounts with him," he must show concern lest [the employee] will drink wine.49 Thus it will be as if he purchased wine used as a libation and gave it to him.
A similar arrangement with regard to the Sabbatical year50 is also forbidden; i.e., one gives a dinar to a Jewish storekeeper who is a common person and tells his Jewish employee: "Go, drink, and eat [on my account] from the storekeeper and I will settle the accounts with him." If the worker eats food that was not tithed, it is forbidden.51
Halacha 26
If, however, he told them: "Eat and drink the worth of this dinar," or "Eat and drink from the storekeeper on my account and I will pay him," this is permitted. Although the Jew becomes liable, his liability is not specifically related [to the foods from which the employees partake].52 [Therefore,] he need not be concerned, not about wine used as a libation, not about produce of the Sabbatical year, nor about untithed produce.53
Halacha 27
[The following rules apply when] a [gentile] king distributes his wine among the people and takes money for it, as he desires.54 A [Jew] may not tell a gentile: "Take 200 zuz and go into the king's storehouse in place of me," so that the gentile will take the wine designated for the Jew and give the money to the king.55 He may, however, tell him: "Here is 200 zuz for you. Save me from [going to] the storehouse."56
Halacha 28
When a gentile touches57 a Jew's wine against [the Jew's] will,58 it is permitted to sell that wine to that gentile alone.59 [The rationale is] since that gentile wished to cause a Jew a loss [by] having his wine forbidden, it is as if he destroyed it or burnt it, in which instance, he would be obligated to pay. Thus the money [the Jew] takes from him is money for the loss and not money for a sale.60
| FOOTNOTES | |
| 1. |
And thus it is less likely for him to come at frequent intervals.
|
| 2. |
Implied is that the entrance is closed with two seals, as required by Halachah 8. The Rama (Yoreh De'ah 130:2) writes that since in the present age, most gentiles are not idolaters, only one seal is necessary. The Siftei Cohen 130:11) states that this principle should be applied in the present instance.
|
| 3. |
Nevertheless, since we do not know for certain that the gentile touched the wine, we do not forbid benefiting from it (Radbaz).
|
| 4. |
Since the gentile was not given permission to enter the house, he would be considered as a thief if he did so. Hence, we assume that he did not enter the home to pour a libation.
The Ra'avad states that the Rambam's words apply only when the house belongs to the Jew. When, however, the house belongs to the gentile, the wine is forbidden, even if he did not entrust him with the key. The rationale is that since the gentile has a connection to the house, he will have an excuse to enter it. Hence we fear that he entered it and touched the Jew's wine. The Radbaz defends the Rambam's ruling explaining that since the house is rented the owner does not have the right to enter it at will. The Shulchan Aruch (Yoreh De'ah 129:5) quotes the Rambam's ruling.
|
| 5. |
We have translated the Rambam's words literally. The intent, however, appears to be not ritual purity per se, but "without contact with gentiles."
|
| 6. |
I.e., he is not present at all times. Nevertheless, it is possible that he will return at any given moment. Hence, the gentile will not take liberties. See Halachah 4.
|
| 7. |
Since he does not live on the premises, he is not considered as a permanent watchman. Hence, the fact that he enters from time to time during the day is not significant (Lechem Mishneh). The Ra'avad differs and maintains that as long as the Jew enters and leaves at will, that is sufficient to inhibit the gentile from touching the wine. [Significantly, in his Commentary to the Mishnah (Avodah Zarah 4:11), the Rambam adopts a position similar to that of the Ra'avad.]
The Tur and the Shulchan Aruch (Yoreh De'ah 131:1 adopt an intermediate position, stating that if there is another Jew living in that city and the entrance to the building where the wine is stored is visible from the public domain, the wine is permitted. For the owner will be afraid to break the lock to the door lest he be seen and the matter become known. (This approach is also mentioned in the Rambam's Commentary to the Mishnah (loc. cit).
|
| 8. |
There is, however, nothing preventing him from selling it to other gentiles.
|
| 9. |
I.e., he wrote the bill of sale in advance, before the Jew actually paid to clarify that his intent was to sell it to him.
The Siftei Cohen 131:1 writes that these stringencies apply only if the Jew did not pay the gentile anything at all. Once the Jew pays the gentile something, the wine is considered his and more lenient rules apply. It is questionable, however, if the Rambam would accept this leniency, for as stated in Chapter 12, Halachah 25, he rules that as long as wine is security for a debt, a gentile creditor will feel free to do with it as he desires.
|
| 10. |
Since Jews can see whether or not the gentile touches it, he is afraid to do so, lest his investment be ruined. See the Rambam's Commentary to the Mishnah (Avodah Zarah 4:11).
|
| 11. |
Because these places are also in public view and/or acces.
|
| 12. |
Our translation follows Rashi's commentary to Avodah Zarah 70a. The Shulchan Aruch (Yoreh De'ah 129:16) defines the term as meaning pillars.
|
| 13. |
Since the gentile would be considered as a thief for overstepping these boundaries, we do not fear that he would do so.
|
| 14. |
Were a gentile to touch them, they would be disqualified.
|
| 15. |
The rationale is that we assume that a gentile will not trouble himself to reseal the container with two seals as the Jew had sealed it. Hence the fact that he founds it with the two seals he left it is a sign that it has not been tampered with.
|
| 16. |
To apply these concepts in contemporary terms: When a bottle of wine is closed with a cork or a bottle-cap, that is one seal. If there is a paper or plastic wrapper around the cork or the cap, that is the second seal.
|
| 17. |
Based on Avodah Zarah 31a, some interpret this as is speaking about an instance where the corner the gentile grants the Jew is closed off with a seal. The Rama (Yoreh De'ah 130:2) writes that there are opinions which rule that after the fact, one seal is sufficient in this situation.
The Lechem Mishneh explains that even if the place is not closed off, since it is designated for the Jew, one seal is sufficient. See Turei Zahav 130:4).
|
| 18. |
For in none of these instances do we fear that the gentile will use the beverage for a libation, as stated in Chapter 11, Halachot 9-10.
|
| 19. |
In these instances, we fear that the gentile will exchange another substance, for the substance deposited. One seal is sufficient to dispel these suspicions (Lechem Mishneh).
|
| 20. |
Since the prohibition involved in these instances is Scriptural in origin, we are more stringent.
|
| 21. |
See Chapter 11, Halachah 7. That halachah states that when a gentile who is not an idolater touches wine, it is only forbidden to drink it. In this instance, since the gentile did not intend to touch the wine, we are more lenient and do not forbid it at all (Radbaz).
As mentioned previously, the Rama (Yoreh De'ah 124:24) rules that in the present era, none of the gentiles are considered as idolaters and the leniency suggested by the Rambam applies universally. On that basis, he and the subsequent Ashkenazic authorities have suggested several leniencies.
|
| 22. |
See Chapter 12, Halachot 5 and 9.
|
| 23. |
A gentile who has made a formal commitment to accept the Seven Universal Laws Commanded to Noah and His Descendants. These include the prohibition against worshipping false divinities.
|
| 24. |
I.e., a place where it can be exchanged without a Jew noticing.
|
| 25. |
For we fear that he exchanged it with his own wine and it is forbidden to drink such wine. Although a resident alien also accepted the prohibition against theft, we fear that he - and certainly, other gentiles - will not abide by his commitment (Radbaz).
|
| 26. |
For these are merely safeguards. Although Rashi (Avodah Zarah 58b) and other Rishonim rule more stringently, the Shulchan Aruch (Yoreh De'ah 125:3,6,7) accepts the Rambam's position.
|
| 27. |
Doing so does not arouse a suspicion that perhaps he used it as a libation for his false deity. Smelling is not considered as tasting or drinking.
|
| 28. |
It is not included in the prohibition mentioned at the beginning of Ch. 11.
|
| 29. |
See the conclusion of Ch. 5 of Hilchot Meilah, where the Rambam delivers a slightly contradictory ruling.
|
| 30. |
Chapter 8, Halachah 16. See also Hilchot Avodat Kochavimn 7:9 and Hilchot Ishut 5:2.
|
| 31. |
For he is deriving benefit from gentile wine.
|
| 32. |
Even though the Jew himself does nothing to help transport the gentile wine.
|
| 33. |
I.e., throw in a place where neither he nor anyone else will benefit from them.
|
| 34. |
Nor others.
|
| 35. |
For the rental fee was not primarily paid for the sake of the wine (Shulchan Aruch (Yoreh De'ah133:3). The Radbaz emphasizes that this leniency applies when the donkey was rented primarily for human transport and, by the way, the gentile placed wine upon it. If, however, he rented it primarily to transport packages - and later the owner discovered that wine was included among them - the rental fee is forbidden even if the person also rides on the donkey.
|
| 36. |
He is being paid for the entire work as a collective entity. Were he not to have transported all the barrels, he would not be paid at all (Rashi, Avodah Zarah 65a). Accordingly, the payment for transporting the beer was never distinct from that of the wine. Hence his entire wage is forbidden.
The Ra'avad differs and maintains that it is sufficient to destroy the wage paid for the forbidden barrels. The Shulchan Aruch (Yoreh De'ah 133:3) follows the Rambam's stringency.
|
| 37. |
Since the wage was paid for each barrel individually, the wage paid for the barrels of beer is a separate and distinct entity. Hence it is not forbidden. Nevertheless, at the outset, it is forbidden to accept such a job [Shulchan Aruch (loc. cit.)].
|
| 38. |
For the craftsman have not accepted the wine and the employer owes them money.
|
| 39. |
For then it is as if they are exchanging the wine for wine.
The Rama (Yoreh De'ah 132:3) writes that in the present age, (when gentiles are not actually idolaters,) a worker may return the barrel of wine even though it has entered his domain.
|
| 40. |
One hundred silver zuzim.
|
| 41. |
Hence he has benefited from existence of the gentile wine. Hence, it is forbidden.
The Rama (Yoreh De'ah 132:7) states that, even if the Jew desires that the false deity continue to exist, leniency can be granted in an instance where the gentile has other resources to pay the debt or alternatively, when the debt is secured by a guarantor. Moreover, if all that is concerned is ordinary gentile wine, in the present age, there is no prohibition for the reason stated above.
|
| 42. |
Here leniency is not granted, because the convert has a share in the entities belonging to the partnership. Thus he is exchanging money for a false deity.
|
| 43. |
I.e., our Sages feared that the convert will be so disturbed about being unable to receive his inheritance, that he will forsake Jewish practice and return to his previous mode of conduct. This is undesirable, because once a person converts, he is a full-fledged Jew. If he conducts himself undesirably, his conduct affects the entire Jewish people.
|
| 44. |
For they have already entered the domain of the convert and are, therefore, forbidden. Hence it is forbidden to exchange them for others, for then one will be deriving benefit.
|
| 45. |
I.e., he acquires the wine through the kinyan of meshichah [see Maggid Mishneh, Hilchot Zechiyah UMatanah 1:14; Turei Zahav 132:4) and the money is considered as a loan which he owes the Jew.
The Radbaz questions why the Rambam mentions meshichah, drawing the wine into his own domain. Seemingly, once a price was established and the wine was poured, the gentile acquires it whether or not he performs meshichah immediately. Conversely, if meshichah finalizes the transaction, seemingly as long as a price was set before meshichah, the wine should be permitted
The Kessef Mishneh explains that the Rambam is speaking according to the common practice. It was customary to establish a price either before measuring the wine or after meshichah.
|
| 46. |
For he fears that the Jew will ask an exorbitant price (Radbaz). Hence he always keeps the option of negating the sale.
|
| 47. |
For the payment of the money formalizes the transfer of the wine (effecting a kinyan), Thus the gentile has paid for the wine before it entered his domain and became forbidden.
|
| 48. |
There are several explanations for this ruling. The gentile left some of his wine in the container and thus as the Jew was pouring the new wine in, it became forbidden. Alternatively, the gentile was holding the container and moved it (see Chapter 12, Halachah 3). This is sufficient to cause the wine to become forbidden (Radbaz).
The Ra'avad objects to the Rambam's ruling, stating that (as the Rambam himself rules in Chapter 16, Halachah 29) if kosher wine becomes mixed with non-kosher wine, it is forbidden to drink it, but one may benefit from it. Nevertheless, he does not provide a rebuttal to the second explanation given above.
The Kessef Mishneh explains that since the wine in the container the gentile is holding becomes forbidden, the wine the Jew is pouring also becomes forbidden, as stated above in Chapter 12, Halachah 12.
|
| 49. |
Since he gave the storekeeper the money in advance, it is as if he paid the storekeeper for what his worker would eat. Thus it is as if the worker is drinking the employer's wine.
|
| 50. |
The Rambam's source (Avodah Zarah 58b) mentions both produce from the Sabbatical year and untithed produce, because it is possible that a common person is lax in his observance of both these mitzvot. Apparently, the Rambam also had this intent because he begins by mentioning produce of the Sabbatical year and concludes by mentioning untithed produce.
|
| 51. |
I.e., it is forbidden for the employer to do this, because it would be considered as if he personally gave his employee produce from the Sabbatical year or untithed produce.
|
| 52. |
I.e., he undertakes a financial obligation to the storekeeper, but since he does not pay him the money beforehand, that obligation is not explicitly associated with the food or drink of which the worker partakes.
|
| 53. |
The Shulchan Aruch (Orach Chayim 450:6) mentions opinions that ate more stringent with regard to an employer taking financial responsibility for the food a gentile will eat on Pesach. The Turei Zahav 460:4 explains that with regard to Pesach, there is a greater reason for stringency, for it is almost certain that the gentile will eat chametz. In the situations mentioned in our halachah, by contrast, it is possible that none of the prohibitions will be violated, for the gentile will not want wine, nor the Jewish workers, the untithed or Sabbatical produce.
|
| 54. |
A gentile king produced wine from the royal vineyard as a means of financing his nation's expenses. He would obligate each of the person's in his kingdom to buy a standard amount of wine. For a Jew, that represents a problem for the wine is gentile wine. Not only is it forbidden to drink it, it is forbidden to benefit from it. Thus not only may a Jew not partake of such wine, nor may he take it and sell it. He is forbidden even to purchase it from the king.
This represents the Rambam's interpretation of Avodah Zarah 71a. It is quoted by the Rashba and other Rishonim. Rashi, the Ra'avad, and others, however, have different interpretations of the passage. The Shulchan Aruch (Yoreh De'ah 132:6) quotes the Rambam's interpretation.
|
| 55. |
The Radbaz explains that in this way, the gentile is purchasing the wine from the Jew. Others explain that the gentile is acting as the Jew's agent.
|
| 56. |
For in this way, the gentile is not acting as the Jew's agent.
|
| 57. |
This law applies when the gentile intentionally touches the wine. If the gentile touches it unintentionally, he is not liable. The rationale is that this is damage which is not outwardly noticeable (i.e., although the ritual status of the wine has changed, outwardly it is the same). In such an instance, Hilchot Chovel UMazik 7:3 states, one is not liable for causing damage inadvertently.
The Kessef Mishneh states that even if the gentile intentionally touched the wine, but did not know that by touching it, he caused it to be forbidden, the gentile is not liable and this leniency does not apply. The Siftei Cohen 132:2, however, interprets this wording as implying that even if the gentile caused it to become forbidden inadvertently, the Jew may sell it to him.
See also Hilchot Chovel UMazik 7:4 and commentaries, where a similar concept is discussed.
|
| 58. |
For if the Jew could have stopped the gentile from touching the wine and didn't, he is responsible for the loss (Radbaz).
|
| 59. |
The Rama (Yoreh De'ah 124:2) rules that in the present age, when it is not customary for gentiles to use wine as libations, the wine may be sold to any gentile.
|
| 60. |
Avodah Zarah 59b states that in such a situation, he may charge the gentile the full price of the wine.
|
She'elah uFikkadon - Chapter 6
Halacha 1
The following rules apply when an unpaid watchman says, "I desire to pay and not to take an oath: If the entrusted article is of a uniform type and it is possible to purchase such articles in the market-place - e.g., produce, reams of wool and flax that are entirely uniform, beams on which images have not been carved, or the like- he may pay the value of the article and be excused from taking an oath.
If, however, the entrusted article was an animal, a decorated garment, a utensil that had been fixed, or an article that is not easily available to purchase in the market place, we suspect that the watchman coveted it for himself. We therefore require him to take an oath as instituted by our Sages, while holding a sacred article, that the entrusted object is no longer in his possession. Afterwards, he must make restitution.
The same law applies to other watchmen - e.g., a borrower who says that an entrusted animal died or was stolen, or a paid watchman, or a renter who says that an entrusted article was stolen or lost. Even though they are obligated to pay, they are required to take an oath that the article is no longer in their possession. Afterwards, they must make financial restitution for the entrusted animal or article. The rationale is that we suspect that the watchman coveted it for himself.
If the owner claims that the entrusted article was worth more than the watchman admits, he must also include in his oath that it was worth only such and such. Thus, every watchman who takes the oath required of watchmen must include three matters in the oath:
a) that he cared for the article in a manner appropriate for a watchman;
b) that this and this happened to the article and it is no longer in his domain; and
c) that he did not use the article for his own purposes before the event that absolves him of responsibility took place.
If he desires to make financial restitution, he must take an oath that the article is no longer in his domain and include in his oath that it is worth such and such.
Halacha 2
When accepting an article for safekeeping, a watchman may stipulate that he will not guard the articles in a manner appropriate for a watchman; instead: "Money that is entrusted to me, I will keep in the corner of my house," or the like.
The following rule applies if the watchman claims that he made such a stipulation and the owner agreed, and the owner claims that such a stipulation was never made. The watchman's claim is accepted. This applies even if the owner entrusted it to him in the presence of witnesses. The rationale is that since he could have claimed: "I guarded it in a manner appropriate for a watchman, but it was destroyed by forces beyond my control," we accept his claim that he made such a stipulation. Therefore, he must take an oath that he did not use the article for his own purposes, that it is not in his possession, and that he had made such a stipulation.
Halacha 3
When an unpaid watchman brings proof that he was not negligent, he is not required to take an oath. We do not suspect that he used the article for his own purposes before it was lost.
If the owner of the entrusted article brings proof that the watchman was negligent, the watchman must make restitution. If he claims that the owner had agreed to his stipulation that he not be required to guard the article in the manner required by witnesses, his claim is not accepted. The rationale is that there are witnesses who testify that he was negligent.
Halacha 4
When a person entrusts an article to a colleague in the presence of witnesses, there is a disagreement between the owner and the watchman, and the witnesses testify that the article that we see is the article that was entrusted in their presence, the watchman cannot claim: "Afterwards, I purchased it from him," or "He gave it to me as a present."
Therefore, if the watchman dies, the entrusted article may be expropriated from the orphans without an oath. Moreover, should a person come and tell an heir: "I entrusted this and this article with your father," and give very explicit signs to identify the article, if the entrusted article is found as he described it, and the judge knows that the deceased was not likely to have such an article, the judge may award the article to the person who identified it with the signs.
This law applies provided the person who claims that the article is his would not frequently visit the deceased. If, however, he would frequently visit him we do not award him the article. We suspect that perhaps it belongs to another person, and the claimant merely became familiar with its identifying characteristics.
If witnesses come and testify that the deceased is not likely to have owned the article, we do not expropriate the article from the orphans because of their testimony. For their estimation of the deceased's financial capacity is not necessarily that of the judge, and the judge should follow only information that he feels that he can rely only, as will be explained in Hilchot Sanhedrin.
An incident occurred concerning a person who entrusted sesame seeds to a colleague in the presence of witnesses and later came to claim them. The watchman replied: "I returned them."
The owner answered: "They were of this and this measure and they are now held in your jug."
The watchman responded: "I returned yours, and these are others."
The Sages ruled that the sesame seeds should not be expropriated from his possession, for perhaps these sesame seeds belonged to the watchman. Instead, the watchman is required to take an oath while holding a sacred object that he returned the entrusted object, as we have explained.
Halacha 5
The following rules apply when the owner of an entrusted object asks for the return of that object and the watchman gives it to him, but a difference of opinion arises between them. For example,the owner claims: "This is not the article I entrusted, but a different one," "My article was whole, and you broke it," "It was new and you used it," or "I entrusted 100 se'ah to you, and there are only 50 here." The watchman responds to these claims, saying: "This is the article you personally deposited. You will be taking what you gave me."
In all such instances, the watchman is required merely to take a sh'vuat hesset, as is required of others who must take oaths in response to such claims. For a watchman is not obligated to take the oath required of watchmen mentioned in the Torah unless he admits accepting responsibility for the very article that the owner claims, but asserts that it was stolen, it died, or it was captured.
The general principle is: When a watchman makes a claim that absolves him from payment, he is required to take the oath required of watchmen. If, however, he says, "This is the article that you lent me," "... hired to me," or "... paid me for watching," and the owner claims that the article he seeks to return is not the one given or that it was changed from its original state, the renter is required to take merely a sh'vuat hesset, or a Scriptural oath if he admits a portion of the plaintiff's claim.
What is implied? If the owner claims: "I entrusted 100 se'ah to you," and the watchman claims: "You only entrusted 50," he is required to take a Scriptural oath, because he admitted a portion of the claim, not because it is the oath required of a watchman. If the owner claims: "I entrusted 100 se'ah of wheat to you," and the watchman claims: "You entrusted only 100 se'ah of barley," he is merely required to take a sh'vuat hesset, as others who would have to take an oath with regard to this claim.
She'elah uFikkadon - Chapter 7
Halacha 1
When a person entrusts produce to a colleague, the watchman should not touch it even though its quantity is dwindling and diminishing.
When does the above apply? When it is diminishing at the ordinary rate that could be expected each year. If, however, the amount is diminishing beyond the ordinary norms, the watchman should sell the produce in the presence of a court. It is as if he were returning a lost object to the owner.
When he sells the produce, he should sell it to priests at the price at whichterumah is sold, for perhaps the owner designated it as terumah or terumat ma'aser for other produce.
Halacha 2
When a person entrusts produce to a colleague and it spoils, honey that becomes ruined, or wine that sours, the watchman should perform a service to the owner and sell the entrusted object in the presence of a court.
This law applies even though the loss reached its limit and the produce would not spoil further, for the containers and the baskets would continue to spoil.
Halacha 3
When a person entrusts leaven to a colleague and the Pesach holiday arrives, the watchman should not touch the produce until the fifth hour on the morning of the fourteenth of Nisan. After that, he should sell it in the market place at that hour, for it is like he is returning a lost object to the owner.
The same law applies to other entrusted objects. A watchman should not touch them even though he certainly knows that their value will diminish at this and this time, or they will be seized by the king, lest the owner come beforehand and take his property.
Halacha 4
When a person entrusts a Torah scroll to a colleague, the watchman should roll the scroll once every twelve months. It is permitted for him to open it and read it while rolling it. He should not, however, open it for his own purposes and read. The same law applies with regard to other scrolls. If the watchman opened the scroll, read it and rolled it for his own purposes, he is considered to have misappropriated the entrusted article and is liable if it is destroyed by forces beyond his control.
If the owner entrusted a woolen garment to a colleague, he should shake it out once every 30 days. The same principles that apply with regard to lost objects apply to entrusted objects. He should care for other entrusted objects in a similar way; this is an obligation incumbent upon him, like the return of a lost article to its owner.
When does the above apply? With regard to an entrusted object whose owner has traveled overseas. If, however, the owner was together with the watchman in that same land, the watchman should not touch the entrusted object even though it is being ruined.
Halacha 5
Whenever a person sells an entrusted object under the supervision of a court, he must sell it to others and may not purchase it himself, lest suspicion arise. The money should be kept in his possession, and he has the right to make use of it. Therefore, he is considered to be a paid watchman with regard to these funds even though he did not make use of them.
Halacha 6
The following rules apply when a person entrusts money to a storekeeper or a moneychanger. If the money was bound in a bag and sealed or tied with an unordinary knot, the storekeeper or the moneychanger should not use it. Therefore, if it became lost or was stolen, he is not responsible for it.
If the money was neither sealed nor tied in an unordinary manner, even though it is bound in a bag, the storekeeper or the moneychanger has the right to use the money.Therefore, he is considered to be a paid watchman, and if it is lost or stolen, he is responsible for it. If it is lost due to forces beyond his control - e.g., they were taken by armed thieves - he is not liable.
Halacha 7
When does the above apply? Before the storekeeper or the moneychanger used them. If, however, he does use the money, he is responsible for it until he returns it to the owner, as for any other loan in the world.
Halacha 8
When a person entrusts money to a householder, whether it is bound or not, the watchman may not use it. Therefore, if it became lost or was stolen, he is not responsible for it, provided he buries it in the ground, as has been explained.
Halacha 9
The following rules apply when a person entrusts a jug to a colleague regardless of whether or not the owner of the jug designated a specific place where he could put the jug down. If the watchman moved the jug for his own purposes, he is liable, whether the jug was broken in his hand or after he returned it to the place designated for it. If he moved it for the sake of the jug, he is not liable - whether the jug was broken in his hand or whether it was broken after it was put down in a different place.
Halacha 10
One should not accept entrusted articles from married women, from servants or from children. If a person accepted an entrusted object from a woman, he should return it to her. If she dies, he should return it to her husband. If he accepts an entrusted object from a servant, he should return it to him. If he dies, he should return it to his master. If he accepts an entrusted object from a child, he should buy a Torah scroll for him or a date palm so that he can eat its fruits.
With regard to all the above individuals, the following principles should be adhered to if, at the time of their death, they said, "The entrusted article belongs to so and so." If the watchman would accept their word, he should act upon their instructions. If not, he should return the entrusted article to their heirs.
Halacha 11
One may demand the return of an entrusted object or an object that was lost and discovered only in the original place.
What is implied? If he entrusted the article to him in Jerusalem, he cannot demand its return in Nov. If the watchman returns it to him in Nov, he must accept it.
If a person entrusted an article to a colleague in a settled community, and that colleague brought the entrusted article with him to the desert, the owner is not required to accept it from him. Instead, the owner may tell the watchman: "You are responsible for it until you return it to me as settled land, just like I entrusted it to you in a settled land.
Halacha 12
A question arose when a person entrusts an article to a colleague and then journeys overseas, and afterwards, the watchman also desires to travel overseas or depart in a caravan. There is an authority who ruled that if the watchman brings the entrusted article to the Jewish court, he is absolved of his responsibility.
These are well-reasoned words. For we do not imprison the watchman in this city because of the object entrusted to him by the person who departed overseas. The watchman cannot take the entrusted article with him, lest it be destroyed by factors beyond his control. The court should then entrust the article to a faithful person. This is like returning a lost object to its owner.
She'elah uFikkadon - Chapter 8
Halacha 1
The following rules apply when a person entrusts an animal or articles to a colleague, and they were lost or stolen. If the watchman says, "I will pay," because he does not desire to take an oath, he acquires the rights to certain profits that come because of the article.
If the thief is discovered, he must pay twice the value of the article. If he slaughtered it or sold it, he should pay four or five times the value of the stolen animal. To whom should restitution be made? To the person who has the rights to the article i.e., the watchman, for he said that he would make restitution.
If the animal itself is returned, it should be returned to the owner - it, its shearings and its offspring. For the watchman does not acquire the profits that come from its body, but only the profits that come because of outside factors. We have already explained that the thief is required to return only the shearings and the offspring that preceded the owner's despair of the recovery of his property.
If the watchman took the oath because he did not desire to pay, and afterwards the thief is discovered, the thief must pay twice the value of the article. If he slaughtered it or sold it, he should pay four or five times the value of the stolen animal. To whom should restitution be made? To the owner of the entrusted article.
Similarly, when a person rents a cow from a colleague and it is stolen, if he says, "I am willing to pay and I will not take an oath," if the thief is discovered afterwards, he should pay double or four or five times to the renter. For had the renter desired, he could have taken an oath that the cow was stolen in a manner in which he could not control, and he would be released from liability.
Halacha 2
When an unpaid watchman says, "I was negligent," he acquires the right to the double payment because he obligated himself to make restitution. For had he said, "It was stolen," or "It was lost," he would not have been liable. Similarly, when a renter or a borrower says, "It was stolen," he acquires the right to the double payment because he obligated himself to make restitution. For had he said, "It died," he would not have been liable.
A borrower, by contrast, does not acquire the right to the double payment until he makes restitution on his own initiative. If afterwards the thief is discovered, he makes the payment of four or five times the animal's value to the borrower.
Halacha 3
Whenever a watchman acquires the rights to the double payment, he also acquires the rights to any profit that comes as a matter of course.
What is implied? A person entrusts four se'ah, worth a sela, to his colleague. They were stolen or lost. The watchman says, "I will pay a sela; I do not desire to take the oath." If they were later discovered and at that time were worth foursela'im, they are granted to the watchman. He, however, is required to pay only a sela.
When does the above apply? When the watchman did not trouble the owner to undertake legal process to recover his money. Different rules apply, however, if the watchman admits that he was negligent and the court required him to pay, but he did not do so willingly and had to be compelled by the court, and it had to expropriate the money from him. If, afterwards, the thief is found or the entrusted article is discovered, it should be returned to the owner in its present condition. The money that was expropriated from the watchman should be returned to him. If the court expropriated utensils or land from the watchman after evaluating them, the watchman's utensils or land should be returned to him.
Halacha 4
When the owner demanded the return of the entrusted article from a watchman, the watchman took an oath to free himself of responsibility, but made restitution regardless, if the thief was discovered afterwards, since the watchman made restitution willingly, he acquires the right to the double payment.
This applies despite the fact that at the outset, he troubled the owner to take him to court until he took an oath. Similarly, if at first the watchman said, "I will not pay," and then he said, "I will pay," he acquires the right to the double payment.
Halacha 5
All the following situations represent questions left unresolved by the Talmud: The watchman said, "I will pay" and then said, "I refuse to pay";
the watchman said, "I will pay" and then died, and his children said, "We refuse to pay";
the owner was not able to demand payment from the watchman before the watchman died; he demanded payment of his sons and they paid;
the sons of the watchman paid the sons of the owner;
the watchman paid half the sum;
he borrowed two cows and paid for one of them;
he borrowed from partners and paid one of them;
partners borrowed and one of them paid;
he borrowed from a woman and paid her husband;
a woman borrowed and her husband paid.
There is unresolved doubt with regard to all the above instances. The ownership of the money is in doubt, and it is not in the hands of either of them. Therefore, the double payment or the increase in the value of the entrusted article is divided between the owner and the watchman. If, however, one of them took the initiative and seized the entire amount, it should not be expropriated from his possession. This applies even in the diaspora.
Halacha 6
When the entrusted article was stolen in a manner beyond the watchman's control, and afterwards the thief was discovered, both an unpaid watchman and a paid watchman must lodge a legal claim against the thief. The watchman is not required to take an oath.
The following rules apply when the watchman hurried and took the oath before the thief was discovered, and then the thief was discovered. If he is an unpaid watchman, he may remain content with his oath if he desires. If he desires, he may lodge a legal claim against the thief. If he is a paid watchman, he must lodge a legal claim against him.
There is a question when an animal that was deposited as an entrusted article is stolen in a manner beyond the watchman's control and then returned by the thief to the watchman's house, and it dies there because of the watchman's negligence. There is an unresolved question whether his responsibility as a watchman was concluded when the article was stolen, and hence he is absolved of liability or his responsibility did not conclude. Hence, the watchman is not required to make restitution. If the owner seizes the animal's worth, it is not expropriated from his possession.
With God's help, this concludes the Laws of Borrowing and Entrusted Objects
• Sunday, Tishrei 21, 5776 · 04 October 2015
"Today's Day"
Wednesday Tishrei 21, Hosha'ana Raba 5704
Torah lessons: Chumash: B'racha, Revi'i with Rashi.
Tehillim: 104-105.
Tanya: Therefore, my beloved (p. 527) ...Rashi, ad loc. (p. 529).
In the Tikun of Hosha'ana Raba night, the parsha of B'racha1 is also2 said only once. (My father instructed certain individuals to say it with Rashi's commentary on Hosha'ana Raba, but this was not a general instruction.) On erev3Simchat Torah, B'racha is said twice and its Targum4 once.
Before Hallel remove the (top) two rings from the lulav, leaving the three rings that bind the lulav with the hadassim andaravot. Eiruv Tavshilin (p. 249). On Hosha'ana Raba the piece of bread on which one says hamotzi is dipped in honey, but not on Sh'mini Atzeret or Simchat Torah.
FOOTNOTES
1. The weekly Torah-portion (or sedra) more commonly called V'zot Habracha.
2. I.e. just like all the other portions of Devarim read that night.
3. The day preceding; i.e. Sh'mini Atzeret (in the Diaspora).
4. Aramaic rendition by Onkelos. This procedure (reading the Hebrew verse twice and Targum once) is followed weekly for every sedra.
Daily Thought:
Everything!
Everything can be done with joy.
Even remorse can be with joy.
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