Daily Quote:
When G-d gave the Torah to the People of Israel, He said to them: "I require guarantors." Said the people: "The heaven and the earth shall be our guarantors." Said G-d: "They won't last forever." Said they: "Our fathers will guarantee it." Said He: "They are busy." Said they: "Our children will guarantee it." Said He: "These are excellent guarantors."[Mechilta D'Rashbi]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayeira, 5th Portion Genesis 21:5-21:21 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 18
1Now the Lord appeared to him in the plains of Mamre, and he was sitting at the entrance of the tent when the day was hot. אוַיֵּרָ֤א אֵלָיו֙ יְהֹוָ֔ה בְּאֵֽלֹנֵ֖י מַמְרֵ֑א וְה֛וּא ישֵׁ֥ב פֶּֽתַח־הָאֹ֖הֶל כְּחֹ֥ם הַיּֽוֹם:
2And he lifted his eyes and saw, and behold, three men were standing beside him, and he saw and he ran toward them from the entrance of the tent, and he prostrated himself to the ground. בוַיִּשָּׂ֤א עֵינָיו֙ וַיַּ֔רְא וְהִנֵּה֙ שְׁלשָׁ֣ה אֲנָשִׁ֔ים נִצָּבִ֖ים עָלָ֑יו וַיַּ֗רְא וַיָּ֤רָץ לִקְרָאתָם֙ מִפֶּ֣תַח הָאֹ֔הֶל וַיִּשְׁתַּ֖חוּ אָֽרְצָה:
3And he said, "My lords, if only I have found favor in your eyes, please do not pass on from beside your servant. גוַיֹּאמַ֑ר אֲדֹנָ֗י אִם־נָ֨א מָצָ֤אתִי חֵן֙ בְּעֵינֶ֔יךָ אַל־נָ֥א תַֽעֲבֹ֖ר מֵעַ֥ל עַבְדֶּֽךָ:
4Please let a little water be taken, and bathe your feet, and recline under the tree. דיֻקַּח־נָ֣א מְעַט־מַ֔יִם וְרַֽחֲצ֖וּ רַגְלֵיכֶ֑ם וְהִשָּֽׁעֲנ֖וּ תַּ֥חַת הָעֵֽץ:
5And I will take a morsel of bread, and sustain your hearts; after[wards] you shall pass on, because you have passed by your servant." And they said, "So shall you do, as you have spoken." הוְאֶקְחָ֨ה פַת־לֶ֜חֶם וְסַֽעֲד֤וּ לִבְּכֶם֙ אַחַ֣ר תַּֽעֲבֹ֔רוּ כִּֽי־עַל־כֵּ֥ן עֲבַרְתֶּ֖ם עַל־עַבְדְּכֶ֑ם וַיֹּ֣אמְר֔וּ כֵּ֥ן תַּֽעֲשֶׂ֖ה כַּֽאֲשֶׁ֥ר דִּבַּֽרְתָּ:
6And Abraham hastened to the tent to Sarah, and he said, "Hasten three seah of meal [and] fine flour; knead and make cakes." ווַיְמַהֵ֧ר אַבְרָהָ֛ם הָאֹ֖הֱלָה אֶל־שָׂרָ֑ה וַיֹּ֗אמֶר מַֽהֲרִ֞י שְׁל֤שׁ סְאִים֙ קֶ֣מַח סֹ֔לֶת ל֖וּשִׁי וַֽעֲשִׂ֥י עֻגֽוֹת:
7And to the cattle did Abraham run, and he took a calf, tender and good, and he gave it to the youth, and he hastened to prepare it. זוְאֶל־הַבָּקָ֖ר רָ֣ץ אַבְרָהָ֑ם וַיִּקַּ֨ח בֶּן־בָּקָ֜ר רַ֤ךְ וָטוֹב֙ וַיִּתֵּ֣ן אֶל־הַנַּ֔עַר וַיְמַהֵ֖ר לַֽעֲשׂ֥וֹת אֹתֽוֹ:
8And he took cream and milk and the calf that he had prepared, and he placed [them] before them, and he was standing over them under the tree, and they ate. חוַיִּקַּ֨ח חֶמְאָ֜ה וְחָלָ֗ב וּבֶן־הַבָּקָר֙ אֲשֶׁ֣ר עָשָׂ֔ה וַיִּתֵּ֖ן לִפְנֵיהֶ֑ם וְהֽוּא־עֹמֵ֧ד עֲלֵיהֶ֛ם תַּ֥חַת הָעֵ֖ץ וַיֹּאכֵֽלוּ:
9And they said to him, "Where is Sarah your wife?" And he said, "Behold in the tent." טוַיֹּֽאמְר֣וּ אֵלָ֔יו אַיֵּ֖ה שָׂרָ֣ה אִשְׁתֶּ֑ךָ וַיֹּ֖אמֶר הִנֵּ֥ה בָאֹֽהֶל:
10And he said, "I will surely return to you at this time next year, and behold, your wife Sarah will have a son." And Sarah heard from the entrance of the tent, and it was behind him. יוַיֹּ֗אמֶר שׁ֣וֹב אָשׁ֤וּב אֵלֶ֨יךָ֙ כָּעֵ֣ת חַיָּ֔ה וְהִנֵּה־בֵ֖ן לְשָׂרָ֣ה אִשְׁתֶּ֑ךָ וְשָׂרָ֥ה שֹׁמַ֛עַת פֶּ֥תַח הָאֹ֖הֶל וְה֥וּא אַֽחֲרָֽיו:
11Now Abraham and Sarah were old, coming on in years; Sarah had ceased to have the way of the women. יאוְאַבְרָהָ֤ם וְשָׂרָה֙ זְקֵנִ֔ים בָּאִ֖ים בַּיָּמִ֑ים חָדַל֙ לִֽהְי֣וֹת לְשָׂרָ֔ה אֹ֖רַח כַּנָּשִֽׁים:
12And Sarah laughed within herself, saying, "After I have become worn out, will I have smooth flesh? And also, my master is old." יבוַתִּצְחַ֥ק שָׂרָ֖ה בְּקִרְבָּ֣הּ לֵאמֹ֑ר אַֽחֲרֵ֤י בְלֹתִי֙ הָֽיְתָה־לִּ֣י עֶדְנָ֔ה וַֽאדֹנִ֖י זָקֵֽן:
13And the Lord said to Abraham, "Why did Sarah laugh, saying, 'Is it really true that I will give birth, although I am old?' יגוַיֹּ֥אמֶר יְהֹוָ֖ה אֶל־אַבְרָהָ֑ם לָ֣מָּה זֶּה֩ צָֽחֲקָ֨ה שָׂרָ֜ה לֵאמֹ֗ר הַאַ֥ף אֻמְנָ֛ם אֵלֵ֖ד וַֽאֲנִ֥י זָקַֽנְתִּי:
14Is anything hidden from the Lord? At the appointed time, I will return to you, at this time next year and Sarah will have a son." ידהֲיִפָּלֵ֥א מֵֽיהֹוָ֖ה דָּבָ֑ר לַמּוֹעֵ֞ד אָשׁ֥וּב אֵלֶ֛יךָ כָּעֵ֥ת חַיָּ֖ה וּלְשָׂרָ֥ה בֵֽן:Daily Tehillim: Chapters 79 - 82
• Hebrew text
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Tanya: Iggeret HaKodesh, end of Epistle 27
• Lessons in Tanya
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• Video Class• Thursday, Cheshvan 16, 5776 · October 29, 2015
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
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• 1 Chapter: Shvuot Shvuot - Chapter 7 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
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• Video Class• Thursday, Cheshvan 16, 5776 · October 29, 2015
Today's Tanya Lesson
Iggeret HaKodesh, end of Epistle 27
והנה יש עוד בחינת הארה לתלמידיו
Now, there is another kind of illumination [from the tzaddik] to his disciples.
רק שאינה מתלבשת בתוך מוחם ממש, כראשונה
However, it does not vest itself truly in their minds1 — as is the case with the first [kind of illumination]that derives from the Ruach of the tzaddik, whereby his faith, fear and love are intellectually integrated and internalized within his disciples,
רק מאירה עליהם מלמעלה
but radiates over them from above, encompassing and transcending them, for its very loftiness inhibits it from descending and being integrated within them.
והיא מעליית רוחו ונשמתו למקור חוצבו
It stems from the ascent of [the tzaddik’s] Ruach and Neshamah to the source from which it was hewn,
דהיינו, לחקל תפוחין קדישין
that is, to Chakal Tapuchin Kaddishin (lit., “the orchard of the holy apples”), i.e., to the Sefirah of Malchut in the World of Atzilut, the Divine source of souls.
ועל ידי זה נעשה שם יחוד
This [ascent] effects a union there, between the spiritually feminine Sefirah of Malchut and the spiritually masculine levels of Divine efflux that transcend it,
על ידי העלאת מיין נוקבין, מכל מעשיו ותורתו ועבודתו אשר עבד כל ימי חייו
by means of the elevation of mayin nukvin (lit., “feminine waters”; i.e., by means of the mortally-initiated spiritual arousal) constituted by all of [the tzaddik’s] actions, his Torah, and the divine service in which he engaged all the days of his life.
For, as will be explained below in Epistle 28, all of man’s lifelong labors and attainments are revealed from their former state of concealment and shine forth at the time of his passing.
ונזרעו בחקל תפוחין קדישין, אורות עליונים מאד
And in the Chakal Tapuchin Kaddishin, the soul’s source, are implanted exceedingly sublime lights,
לעומת תחתונים, אשר הם תורתו ועבודתו
corresponding to and resulting from the nether [illuminations], which are [the tzaddik’s] Torah and worship.
His divine service thus implants lofty illuminations above, which are revealed and descend below at the time of his passing.
והארת אורות עליונים אלו מאירה על כל תלמידיו, שנעשו עובדי ה׳ על ידי תורתו
The illumination of these supernal lights radiates over all his disciples who became servants of G‑d through his Torah and worship.
והארה זו, שעליהם מלמעלה, מכנסת בלבם הרהורי תשובה ומעשים טובים
And this illumination, which [radiates] over them from above, despite this transcendence is so powerful that itinstills in their hearts thoughts of repentance and good deeds.
וכל המעשים טובים הנולדים מהארה זו, שמאירה מאורות הזרועים בשדה הנ״ל, נקרא גידולי גידולין
All the good deeds born of this illumination which radiates from the lights implanted in the above-mentioned orchard, are called “successive generations of offshoots.”
Since the illuminations themselves grew directly out of the lights implanted by the tzaddik, the good deeds which these illuminations in turn inspire are its offshoots of the second generation.
והארה זו היא בהעלם והסתר גדול, כמו שמש המאיר לכוכבים מתחת לארץ
This radiation is greatly hidden and concealed, just like the sun radiating to the stars from below the earth.
כדאיתא בזהר על משה רבינו, עליו השלום
Thus it is stated in the Zohar2 in reference to Moses our Master, peace be unto him,
שאחר פטירתו מתפשטת הארתו, בכל דרא ודרא, לששים רבוא נשמות
that after his passing his radiation extends in every generation to the six hundred thousand souls, all other souls being sparks of these general souls, as explained in Tanya, ch. 37,
כמו שמש המאיר מתחת לארץ, לששים רבוא כוכבים
like the sun which radiates to the six hundred thousand stars from below the earth.
As with Moses, so too with the tzaddikim who are his successors: by means of his Torah and spiritual service, everytzaddik illumines successive generations of offshoots — his direct disciples and in turn their disciples, and so on — when they follow his teachings in matters of Torah and spiritual service.
Addendum
The Alter Rebbe spoke above of those who benefit from the gifts that a tzaddik continues to bequeath after his passing, from his Ruach that remained in the Lower Garden of Eden. There he does not say “all his disciples,” but only “among his disciples.” Moreover, he adds that the extent of the spiritual bequest received by each chassid varies “according to the level of his bond and closeness to [the tzaddik], during his lifetime and after his passing, out of an abounding love.”
This is so because there the Alter Rebbe is speaking of their receiving from him the sublime spiritual attributes of faith, awe and love. Hence, since (as the Alter Rebbe concludes there) “anything spiritual is elicited only by means of an abounding love,” it follows that a bequest of such stature is drawn down only to those disciples whose bond to him was particularly close.
Here, however, at the close of the epistle, the Alter Rebbe speaks of the degree of illumination which radiates “over them from above,” encompassing and transcending them. This degree, which “instills in their hearts thoughts of repentance and good deeds,” radiates “over all his disciples,” upon all those who may be considered his disciples because they “became servants of G‑d through his Torah and worship.”
It could be argued that the former kind of benefaction, that which is dependent upon being bound with great love, refers specifically to those who were the tzaddik’s disciples during his lifetime; it is they who are close to him both “during his lifetime and after his passing.” By contrast, the kind of benefaction which is transcendent, as opposed to integrated within them, also applies to those who became the tzaddik’s disciples after his passing, in the sense that they drew closer to G‑d as a result of his teachings. These disciples are the successive generations of his offshoots in the same way that the radiation of Moshe Rabbeinu continues after his passing to illuminate generation after generation.
| FOOTNOTES | |
| 1. | Note of the Rebbe: “For what binds a student with his master is the intellect with which he meditates upon his master’s teachings, intellect and understanding.” |
| 2. | [Emended here from “in the Tikkunim.”] Note of the Rebbe in He’arot VeTikkunim: “To date I have found the entire subject in Zohar III, 273a; see also there, p. 216b. In the Tikkunim (in Tikkun 69, p. 112a and 104a, and in Tikkun 70, p. 138a), I have found only part of what is explained here. Possibly the copyist here in Iggeret HaKodesh confused this with the phrase ‘in the Tikkunim’ in Tanya, ch. 44.” |
• Sefer Hamitzvos:• English Text | Hebrew Text |
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• Today's Mitzvah
Thursday, Cheshvan 16, 5776 · October 29, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 280
Perverting Justice against a Convert or Orphan
"You shall not pervert the judgment of the stranger or the orphan"—Deuteronomy 24:17.
A judge is forbidden to unlawfully rule against a convert or orphan [taking advantage of their powerlessness].
Though it is forbidden to pervert justice no matter the identity of the defendant, a judge who does so in that case of a convert or orphan, transgresses also this additional prohibition.
Full text of this Mitzvah »
Positive Commandment 177
Equal Treatment for Litigants
"With righteousness, judge your neighbor"—Leviticus 19:15.
The judge presiding over a case must treat both litigants equally, giving each the opportunity to speak whatever is on his mind—whether he speaks briefly or at length.
Also included in this mitzvah is the obligation on a qualified judge who is versed in Torah's legal code to issue a verdict. This obligation takes effect as soon as the two litigants present their arguments before him.
And also included in this mitzvah is that every individual is commanded to give his fellow the benefit of the doubt, and, when circumstances allow, to interpret his fellow's actions or words in a favorable light.
Full text of this Mitzvah »
Negative Commandment 276
Fearless Justice
"You shall not be afraid before any man"—Deuteronomy 1:17.
A judge may not fear an evil and dangerous individual, ruling in his favor because he's concerned that he may exact revenge against him. As the Midrash says, "Perhaps you will see, 'I fear that individual for perhaps he will kill my son, set my barn afire, or destroy my crops'—therefore the Torah says, 'You shall not be afraid before any man!'"
Full text of this Mitzvah »
Negative Commandment 274
Bribery
"And you shall take no bribe"—Exodus 23:8.
A judge may not accept a gift from any of the parties in a case—even if the gift is given on condition that he rules justly [i.e., the party presenting the gift clearly states that it does not expect – or want – to be favored in any way].
Full text of this Mitzvah »
Thursday, Cheshvan 16, 5776 · October 29, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 280
Perverting Justice against a Convert or Orphan
"You shall not pervert the judgment of the stranger or the orphan"—Deuteronomy 24:17.
A judge is forbidden to unlawfully rule against a convert or orphan [taking advantage of their powerlessness].
Though it is forbidden to pervert justice no matter the identity of the defendant, a judge who does so in that case of a convert or orphan, transgresses also this additional prohibition.
Full text of this Mitzvah »
Perverting Justice against a Convert or Orphan
Negative Commandment 280
Translated by Berel Bell
The 280th prohibition is that a judge is forbidden from tilting the judgment against converts and orphans.
The source of this prohibition is G‑d's statement,1 "Do not pervert justice against the convert or orphan."
Therefore, for judging any Jew unjustly, one transgresses the prohibition, i.e. "Do not pervert justice."2 For judging a convert unjustly, one transgresses two prohibitions.
The Sifri3 says, "The verse, 'Do not pervert justice against the convert,' teaches that one who judges a convert unjustly transgresses two prohibitions. And if the person was both a convert and an orphan, one transgresses three4 prohibitions."
FOOTNOTES
1.Deut. 24:17.
2.Lev. 19:15. N273 above.
3.Parshas Ki Seitzei.
4.See Radvaz, quoted in Kapach, 5731, footnote 84, regarding why the three don't count separately among the 613.
____________________________________Positive Commandment 177
Equal Treatment for Litigants
"With righteousness, judge your neighbor"—Leviticus 19:15.
The judge presiding over a case must treat both litigants equally, giving each the opportunity to speak whatever is on his mind—whether he speaks briefly or at length.
Also included in this mitzvah is the obligation on a qualified judge who is versed in Torah's legal code to issue a verdict. This obligation takes effect as soon as the two litigants present their arguments before him.
And also included in this mitzvah is that every individual is commanded to give his fellow the benefit of the doubt, and, when circumstances allow, to interpret his fellow's actions or words in a favorable light.
Full text of this Mitzvah »
Equal Treatment for Litigants
Positive Commandment 177
Translated by Berel Bell
The 177th mitzvah is that judges are commanded to treat both litigants equally. Both must be allowed [to speak], whether it takes a long time or a short time.
The source of this commandment is G‑d's statement,1 "Judge your people fairly."
The Sifra2 explains, "He should not allow one to speak as long as he needs and then tell the other, 'Speak for a short time.' " This is one of the laws included in this commandment.
It also includes the law that if one is qualified to judge, and the litigants have begun to present their case, one is required to complete hearing the case. Our Sages explicitly said,3 "One is required by the Torah to act as a judge, as the verse says, 'Judge your people fairly.' "
This mitzvah also includes the law4 that one is required to judge other people favorably, and to explain their words and actions only in a good and kind way.
The details of this mitzvah are explained in a number of passages in the Talmud.
FOOTNOTES
1.Lev. 19:15.
2.Kedoshim 4:4.
3.Sanhedrin 3a. See Kapach, 5731, footnote 98, that this passage of Sefer HaMitzvos answers the questions of the Kesef Mishneh and Maggid Mishneh, Hilchos Sanhedrin 2:10.
4.Sifra, Lev. 19:15.
_______________________________________Negative Commandment 276
Fearless Justice
"You shall not be afraid before any man"—Deuteronomy 1:17.
A judge may not fear an evil and dangerous individual, ruling in his favor because he's concerned that he may exact revenge against him. As the Midrash says, "Perhaps you will see, 'I fear that individual for perhaps he will kill my son, set my barn afire, or destroy my crops'—therefore the Torah says, 'You shall not be afraid before any man!'"
Full text of this Mitzvah »
Fearless Justice
Negative Commandment 276
Translated by Berel Bell
The 276th prohibition is that a judge is forbidden from fearing a vicious, evil, uncontrolled person to the extent of not ruling against him in judgment. He must give a just decision without being concerned with any damage the person might cause him.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not fear any man."
The Sifri2 says, " 'Do not fear any man.' One might say, 'I am afraid of this person: perhaps he will murder my son, or set my grain on fire, or destroy my crops.' The Torah therefore says, 'Do not fear any man.' "
FOOTNOTES
1.Deut. 1:17.
2.See Sifri, on above verse.
____________________________________Negative Commandment 274
Bribery
"And you shall take no bribe"—Exodus 23:8.
A judge may not accept a gift from any of the parties in a case—even if the gift is given on condition that he rules justly [i.e., the party presenting the gift clearly states that it does not expect – or want – to be favored in any way].
Full text of this Mitzvah »
Bribery
Negative Commandment 274
Translated by Berel Bell
The 274th prohibition is that a judge is forbidden from taking a bribe from a litigant, even to give an honest judgment.
The source of this prohibition is G‑d's statement,1 "Do not accept bribery." This prohibition is repeated.2
The Sifri3 says, "The prohibition, 'Do not accept bribery,' applies even to declare that innocent people are innocent and that guilty people are guilty."
The details of this mitzvah are explained in a number of passages in tractate Sanhedrin.
FOOTNOTES
1.Ex. 23:8.
2.Deut. 16:19.
3.Parshas Shoftim, ibid.
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• Shvuot - Chapter 7
Hayom Yom:
• English Text | Video Class• Thursday, Cheshvan 16, 5776 · 29 October /2015
"Today's Day"
Sunday Cheshvan 16 5704
Torah lessons: Chumash: Chayei Sara, first parsha with Rashi.
Tehillim: 79-82.
Tanya: XXVIII. "Why was the (p. 571) ...lower than nogah. (p. 573).
Thought is a garment and servant of the intellect and emotions.1 Even when it is not serving the intellect or emotions, it continues to function, thinking and meditating. However, this activity is then not only devoid of content, but also open to depravement... It is explained that alien or evil thoughts are caused by "emptiness of the head." For when the mind is occupied, the thought has something to serve, and there is no room for stupid and vain thoughts devoid of substance.
FOOTNOTES
1. See Tanya Ch. 4.
• Daily Thought:
Halacha 1
When a person issues a financial claim against a colleague which would require the latter to pay were he to admit [liability]1 and [the colleague] denies [his obligation] and takes an oath or the plaintiff administers an oath to him and he denies [any obligation]. [If he is lying,] the defendant is liable for an oath concerning a sh'vuat hapikadon.2
[The above applies] even if [the defendant] does not respond Amen.3 For with regard to a sh'vuat hapikadon, one is liable whether he took the oath on his own initiative or another person administered the oath to him and he denied [any obligation], even though he did not respond Amen. For denying the claim after the plaintiff administered the oath is equivalent to responding Amen.4
Halacha 2
[This does not apply] when [the plaintiff] lodges a claim which if acknowledged by the defendant, i.e., if he would admit that it is true, would not require him to make payment, e.g., he lodged a claim concerning a k'nas.5 For a person is not required to pay a k'nas based on his own admission.6 [In such an instance,] if a person denied [an obligation], he is exempt from a sh'vuat hapikadon, but liable for a sh'vuat bitui.7
Halacha 3
Similarly, if [the plaintiff] lodged a claim concerning landed property, a servant, or a promissory note, and [the defendant] denied [the claim] and took an oath, he is exempt from a sh'vuat hapikadon, but liable for a sh'vuat bitui, for he took a false oath.
Halacha 4
Why is one [who took an oath concerning such claims] exempt from [the obligations of a false] sh'vuat hapikadon? Behold, were he to have acknowledged [his obligation], he would have been held liable and [required] to pay what he denied. Because [Leviticus 5:21-22] states: "Concerning an entrusted object, a [financial] deposit, a robbery; he oppressed his colleague, or discovered a lost object." All of this concerns movable property which if he would admit his liability he would have to make financial restitution from his own domain.
This excludes landed property for it is not movable property. For landed property is always revealed before its owner8 and is always in their possession.9[Similarly,] it excludes servants, for an equation is established between servants and landed property.10 And it excludes promissory notes, for their actual substance is not of financial value.11
Halacha 5
[The above laws apply] whether one took an oath after the plaintiff lodged a claim against him or whether he took it on his own initiative even though a claim was not lodged against him.12
What his implied? He took the initiative and said: "Why are you following me? Do I have any money belonging to you? I am taking an oath that I am not in possession of any of your money." Since he denied [an obligation] and took an oath, [he is liable,] even though [the plaintiff] did not lodge a claim against him.
Halacha 6
[One is liable] whether he took an oath to the person to whom he owes the money or to his agent who was given power of attorney. For a person's agent is equivalent to his own self.13
Halacha 7
One is not liable for a sh'vuat hapikadon unless he requires him to take an oath in a language that he understands.14
Halacha 8
When a person consciously takes a sh'vuat hapikadon, even though he takes a false oath and is warned by witnesses at the time he takes the oath, he is not liable for lashes, but instead must merely bring a guilt offering. For the Torah excluded him from those who are liable for lashes15 and obligated him to bring a guilt offering whether he transgressed willfully or inadvertently, as we explained.16
Halacha 9
If one denied [an obligation] and took an oath [concerning it] four or five times or the plaintiff administered an oath to him four or fives times and he denied each one of them, he is liable for a guilt offering for each individual oath.17 [This applies] whether this took place in a court or outside the court.
[The rationale is that] were he to have admitted his obligation after making his denial, he would be liable to make restitution even though he made the denial in a court. Thus with each denial, he is making himself exempt from payment. Hence, he is liable for each individual oath.
Halacha 10
If five different people were lodging claims against him and telling him: "Give us the entrusted article of ours that you have in your possession," and he responds: "[I am taking] an oath that I do not have anything of yours in my possession," [should his oath be false,] he is liable for only one sacrifice.18
[If he answers: "I am taking] an oath that I don't have anything of yours, or of yours,... or of yours, in my possession," he is liable for each [statement].19
Halacha 11
If his colleague told him: "Give me the entrusted object, [financial] deposit, stolen object, and lost object [of mine], that you have in your possession," and he responds: "[I am taking] an oath that I do not have anything of yours in my possession," [should his oath be false,] he is liable for only one [sacrifice].20Even if the total of all the claims is [merely] a p'rutah, they are all included together and he is liable.21
Halacha 12
[If he answers: "I am taking] an oath that I don't have an entrusted object, [financial] deposit, stolen object, and lost object of yours in my possession," he is liable for each [statement].22
Halacha 13
[If the plaintiff says:] "Give me the wheat, barley, and buckwheat of mine that you have in your possession," and [the defendant responds]: "[I am taking] an oath that I do not have anything of yours in my possession," [should his oath be false,] he is liable for only one [sacrifice].23 [If he answers: "I am taking] an oath that I don't have any wheat, barley, and buckwheat of yours in my possession," he is liable for each [statement].
Halacha 14
If five different people were lodging claims against him and telling him: "Give us the entrusted article, [financial] deposit, stolen object, and lost object [of mine], that you have in your possession," and he responds to one of them: "[I am taking] an oath that I don't have an entrusted object, stolen object, lost object, and [financial] deposit of yours, or of yours,... or of yours in my possession," he is liable for each claim [made] by each individual. Thus he is liable for 20 guilt offerings.24
Halacha 15
If [the defendant] claims that he lost an entrusted object or denies [receiving it], he took an oath, and afterwards admitted [that it was in his possession], and then claimed that it was lost, took an oath, and then admitted [that it was in his possession], he must pay the principal and an additional fifth for each oath that he took.25 [This is derived from Leviticus 5:24 which literally translates as] "its fifths,"26 [implying that] the Torah took into account several fifths for [one sum of] principal.
What is implied? The principal was [worth] four [zuz]. One denied [receiving an entrusted article], took an oath, and then admitted [that he possessed it]. Afterwards, he claimed that it was lost, took an oath and then made a second admission, and then claimed that it was lost, took an oath and then made an admission another time. He is required to pay seven [zuz].27 Similar laws apply in all analogous situations.
Halacha 16
A value less than a p'rutah is not considered as financially significant.28 Hence, if a person lodges a claim against a colleague for less than a p'rutah or for articles worth less than a p'rutah and [the defendant] denied the obligation and took an oath, he is exempt with regard to a sh'vuat hapikadon29 and liable for ash'vuat bitui.30
| FOOTNOTES | |
| 1. |
The qualifications the Rambam mentions here make a distinction between mammon, a financial claim, for which one is liable for a sh'vuat hapikadon and k'nas, a fine, for which one is not liable, as stated in the following halachah.
|
| 2. |
The term literally means "an oath concerning an entrusted object." Its meaning in a halachic context is explained in this and the subsequent halachot.
If one takes such an oath falsely, he is liable to pay an additional fifth of the principal and bring a guilt offering as stated in Chapter 1, Halachah 9.
|
| 3. |
With regard to other oaths, it is necessary for the person to answer Amen as stated in Chapter 2, Halachah 1. Nevertheless, a sh'vuat hapikadon is a unique instance, as the Rambam continues to explain.
|
| 4. |
If, however, he remains silent in response to the oath administered by the plaintiff, he is not liable even if he had denied his claim beforehand (Radbaz).
|
| 5. |
A fine. In Hilchot Nizkei Mammon 2:8, the Rambam defines a fine as an instance where a person pays more or less than the monetary value of the damage he caused.
|
| 6. |
See Hilchot Genevah 1:5. See also Chapter 8, Halachot 1-3, for illustrations of this concept.
|
| 7. |
For he is taking a false oath regarding his past activity.
|
| 8. |
In contrast to movable property which can be concealed.
|
| 9. |
In contrast to movable property where possession may determine ownership in a situation of doubt, with regard to landed property, a person must display proof of ownership. See also Hilchot To'en V'Nit'an 5:1; Hilchot Gezeilah 8:14; 9:1.
|
| 10. |
See Hilchot To'en V'Nit'an, loc. cit.
|
| 11. |
Instead, they only serve as proof of an obligation (ibid.).
|
| 12. |
Note the contrast to an oath concerning testimony (Chapter 9, Halachah 6-7). The gloss of theTorah Temimah to the prooftext explains that since the verse speaks of "deny his [obligation to] a colleague," he is liable whether his colleague demands an oath of him or not.
|
| 13. |
See Hilchot Shluchim 3:5, 7. See the Lechem Mishneh who emphasizes that the principal must have given the agent power of attorney to require an oath of the defendant. If, however, he merely gave the agent the authority to prosecute the claim, he may not require him to take an oath.
|
| 14. |
For an oath can be taken in any language. Sotah 33a derives this from the exegesis of Leviticus 5:1.
|
| 15. |
Neither is one who takes such a false oath liable for lashes for taking a false sh'vuat bitui.
|
| 16. |
See Chapter 1, Halachah 9, which explains that one is liable for a sacrifice whether he transgressed willingly or inadvertently. As mentioned in the notes to Chapter 1, Halachah 8, one is not liable for lashes either because the transgression does not involve a deed, or because financial compensation must be given and a person is not held liable both for financial restitution and lashes.
|
| 17. |
Note the contrast to an oath concerning testimony, as stated in Chapter 10, Halachah 18. He is also liable to pay an additional fifth of the principal for each false oath, as stated in Halachah 15.
|
| 18. |
Since his response included all of them in one statement, it is considered only as one oath.
|
| 19. |
Since he addressed each one individually, each statement is considered as an independent oath.
|
| 20. |
Since his response included all of these items in one statement, it is considered only as one oath.
|
| 21. |
In this instance, were they to have been considered individually, he would be exempt, for since each of the claims are less than a p'rutah, they are not significant individually. Nevertheless, since he included them in one statement, the sum is totaled as one and he is liable.
|
| 22. |
Since he mentioned each item individually, each statement is considered as an independent oath and it is necessary that each claim concern the worth of a p'rutah.
|
| 23. |
Although they are different species of grain, since he included them all in one statement, he is liable only once. Even though buckwheat is a subspecies of wheat, since it is mentioned individually, he is liable for it individually (Radbaz).
|
| 24. |
I.e., this combines the principles stated in Halachot 10 and 12.
|
| 25. |
Similarly, he is liable for a guilt offering for each oath as stated in Halachah 9.
|
| 26. |
It says chamishitav rather than chamishoto.
|
| 27. |
This figure can be explained as follows: The principal is four. He must pay an additional three, for each fifth is one fifth of the new total and not one fifth of the original principal (Chapter 11, Halachah 20). He is not, however, required to pay more than one for the second and third oaths, for one is required to pay one fifth of the principal and not a fifth of the fifths (Radbaz). Note, however, Hilchot Gezelah 7:12 which explains that if he already was held liable by a court for the additional fifth, it becomes considered as part of the principal.
|
| 28. |
This principle is also reflected in Hilchot To'en V'Nit'an 3:1 and Hilchot Sanhedrin 20:11. In Hilchot Shekalim 1:3, the Rambam defines a p'rutah as half a barleycorn of silver. Shiurei Torah defines this as 1/40th of a gram of silver.
|
| 29. |
For such an oath concerns a financially significant claim and this does not. The Sifra derives this from the exegesis of Leviticus 5:26.
|
| 30. |
For he took a false oath, as in Halachot 2-3.
|
Audio: Listen | Download• Sanhedrin veha`Onashin haMesurin lahem - Chapter 19
Halacha 1
There are a total of 21 negative commandments that are punishable by kerait, but which are not punishable by execution by the court, for which lashes are administered. They are:
i) a person who has relations with his sister;
ii) ...with his father's sister;
iii) ...with his mother's sister;
iv) ...with the sister of his wife;
v) ...with his brother's wife;
vi) ...with the wife of the brother of his father;
vii) ...with a woman in the niddah state;
viii) a person who eats forbidden fat;
ix) ...blood;
x) ...leaven on Passover;
xi) ...on Yom Kippur;
xii) a person who performs forbidden labor on Yom Kippur;
xii) a person who partakes of sacrificial meat after the designated time;
xiv) ...of sacrificial meat disqualified as piggul;
xv) ...of sacrificial meat while ritually impure;
xvi) a person who enters the Temple Courtyard while ritually impure;
xvii) a person who slaughters a consecrated animal outside the Temple;
xviii) a person who burns a consecrated animal as a sacrifice outside the Temple;
xix) a person who prepares the anointing oil for personal use;
xx) a person who anoints himself with the anointing oil for his own benefit
xi) a person who prepares the incense offering for his personal use;
Halacha 2
There are a total of 18 negative commandments that are punishable by death by the hand of heaven, whose transgression involve a deed, for which lashes are administered. They are:
i) a person other than a priest who partakes of primary terumah whether it was ritually pure or ritually impure;
ii) a person other than a priest who partakes of terumat ma'aser;
iii) a person other than a priest who partakes of the first fruits after they entered Jerusalem;
iv) a person other than a priest who partakes of challah;
v) a person who partakes of tevel before the primary terumah and terumat ma'aser were separated from it;
vi) a person who partakes of the product of dough from which challah was not separated;
vii) a priest who partakes of terumah that was ritually pure while he was in a state of ritual impurity;
viii) a priest who entered the Holy of Holies for a purpose other than sacrificial worship;
ix) a priest who departed from the Temple in the midst of the sacrificial worship;
x) a Levite who performed the service of the priests;
xi) a person other than a priest who performs service in the Temple;
xii) a person who does not wear all the priestly garments; he is considered as if he is not a priest and receives lashes if he serves in the Temple;
xiii) a priest who serves in the Temple while in a state of ritual impurity;
xiv) a person who was intoxicated from wine who served in the Temple;
xv) a person who immersed himself to emerge from a state of ritual impurity but must still wait until the end of the day to attain a state of purity who served in the Temple;
xvi) a priest who served in the Temple although he did not yet bring the required sacrifices to attain atonement;
xvii) a person who let his hair grow long who served in the Temple;
xviii) a person whose clothes are ripped who served in the Temple;
Halacha 3
When, however, a person serves in the Temple without sanctifying his hands and feet, although he is worthy of death, he does not receive lashes, because he has violated only a positive commandment. Similarly, the following three - a prophet who withheld his prophecy or transgressed his own prophecy and a person who violated the words of a prophet - although they all are worthy of death - they do not receive lashes. For their transgression stems from a positive commandment, as Deuteronomy 18:15 states: "And you shall listen to him." In all contexts, a prohibition that stems from a positive commandment has the status of a positive commandment and lashes are not administered because of it.
Halacha 4
13There are a total of 168 negative commandments that are neither punishable by kerait, nor by execution by the court, for which lashes are administered. They are:
i) a person who fashions an idol;
ii) a person who makes an image for artistic purposes;
iii) a person who turns to idolatry with any deed;
iv) a person who erects a monument;
v) a person who plants a tree in the Temple;
vi) a person who places down an engraved stone on which to prostrate oneself;
vii) a person who takes a vow in the name of a false divinity;
viii) a person who takes an oath in the name of a false divinitiy;
ix) a person who derives benefit from a false divinity;
x) a person who rebuilds a city destroyed because it was swayed to idolatry;
xi) a person who benefits from the property of such a city;
xii) a person who follows the statutes of the gentiles;
xiii) a diviner;
xiv) an augurer;
xv) a reader of omens;
xvi) a person who casts spells;
xvii) a necromancer;
xviii) a person who erases God's name, or the like, e.g., he destroys a stone from the altar or destroys wood consecrated to the Sanctuary;
xix) a person who extinguishes fire from the altar;
xx) a person who ascends the altar with steps;
xxi) a person who enters the Temple Courtyard with impure garments;
xxii) a zav and the like who enters the Temple Mount;
xxiii) a person who removes the staves of the ark;
xxiv) a person who removes the High Priest's breastplate from his ephod;
xxv) a person who tears the collar of the High Priest's cloak;
xxvi) a person who offers anything else than the commanded offerings on the golden altar;
xxvii) a priest who enters the Sanctuary while not in the midst of sacrificial worship;
xxviii) a priest with a physical deformity who enters the Sanctuary;
xxix) a priest with who enters the Sanctuary while intoxicated;
xxx) a priest with a physical deformity who performs sacrificial worship;
xxxi) an uncircumcised priest who performs sacrificial worship;
xxxii) a priest who performs the tasks of the Levites;
xxxiii) a priest who enters the Sanctuary with uncut hair;
xxxiv) a priest who enters the Sanctuary with torn clothes;
xxxv) a person who consecrates an animal with a physical deformity;
xxxvi) a person who slaughters such an animal as an offering;
xxxvii) a person who sprinkles the blood of such animals on the altar;
xxxviii) a person who burns the fats of such animals on the altar;
xxxix) a person who offers an animal with a physical deformity on behalf of gentile;
xxxx) a person who produces a blemish in a consecrated animal at the time the Temple is standing;
xxxxi) a person who performs labor with consecrated animals;
xxxxii) a person who shears consecrated animals
xxxxiii) a person who makes a fire-offering of yeast or honey;
xxxxiv) a person who allows the remainder of the meal-offerings to leaven;
xxxxv) a person who offers a sacrifice without salt;
xxxxvi) a person who offers a present given to a prostitute or an animal given in exchange for a dog;
xxxxvii) a person who adds oil to the meal-offering of a sinner;
xxxxviii) a person who adds frankincense to such an offering;
il) a person who adds oil to the meal-offering of a sotah;
l) a person who adds frankincense to such an offering;
li) a person who separates the head of a bird brought as a sin offering from its trunk;
lii) a person who transfers the holiness of one animal to another;
liii) a person who partakes of sacrificial meat after it became ritually impure;
liv) a person who partakes of sacrifices that have been disqualified;
lv) a priest who partakes of the meat of sacrifices of the most sacred order outside the Temple courtyard;
lvi) a non-priest who partakes of the meat of sacrifices of the most sacred order after their blood has been sprinkled on the altar;
lvii) a non-priest who partakes of the meat of a firstborn animal;
lviii) a daughter of a priest who married a non-priest who partakes of the breast and the foreleg given to the priests; this applies even after the death of her husband; lix) a chalalah who partakes of terumah;
lx) a person who partakes of sacrifices of lesser sanctity outside of Jerusalem;
lxi) a person who partakes of sacrifices of lesser sanctity before their blood is sprinkled on the altar
lxii) a person who partakes of an unblemished firstborn animal outside of Jerusalem;
lxiii) a person who partakes of the second tithe after it had entered Jerusalem once it had been taken outside Jerusalem again;
lxiv) a priest who partakes of the first fruits after they entered Jerusalem, but before they were placed down in the Temple Courtyard;
lxv) a priest who partakes of the first fruits after they were placed down in the Temple Courtyard and were then taken outside Jerusalem again;
lxvi) a person who partakes of ma'aser sheni in Jerusalem after it became impure, before it was redeemed;
lxvii) a person who is ritually impure who partakes of ma'aser sheni which was pure in Jerusalem;
lxviii) a person who partakes of ma'aser sheni - and similarly, any other consecrated food - while in a state of acute mourning;
lxix) an uncircumcised person who partakes of sacrificial meal or terumot;
lxx) a person who partakes of a meal offering brought by a priest or any other sacrifice that should be totally consumed by the fire of the altar;
lxxi) a person who partakes of the meat of the sin-offerings that are burned and any other sacrifices that must be burnt;
lxxii) a person who slaughters the Paschal sacrifice while he possesseschametz;
lxxiii) a person who breaks a bone from the Paschal sacrifice; this applies with regard to the first sacrifice or the second sacrifice;
lxxiv) a person who removes meat from the Paschal sacrifice outside the company of people partaking of it;
lxxv) a person who partakes of meat from the Paschal sacrifice outside of that company;
lxxvi) a person who partakes of meat from the Paschal sacrifice partially roasted or cooked; lxxvii) a person who purposely derives benefit from consecrated property;
lxxviii) a person who partakes of tevel from which the tithes, even the tithe for the poor, has not been separated, even though the terumot have been separated;
lxxix) a person who partakes of the meat of an animal that was condemned to be stoned to death, even if the condemned animal was slaughtered correctly;
lxxx) a person who eats meat from a non-kosher animal;
lxxxi) ... a non-kosher fowl;
lxxxii) ... a non-kosher fish;
lxxxiii) a person who partakes of a flying teeming animal;
lxxxiv) ... an earthbound teeming animal;
lxxxv) ... an aquatic teeming animal;
lxxxvi) ... an animal that crawls on the earth even though it does not reproduce;
lxxxvii) ... worms from fruit after they emerged from the fruit;
lxxxviii) a person who eats carrion;
lxxxix) ... an animal that was critically injured;
xc) ... a limb from a living animal;
xci) ... the sciatic nerve;
xcii) ... meat cooked with milk;
xciii) a person who cooks meat with milk;
xciv) a person who partakes of fresh grain before the bringing of the omer;
xcv) a person who partakes of orlah;
xcvi) a person who partakes of kilai hakerem;
xcvii) a person who partakes of chametz in a mixture on Pesach;
xcviii) ...after midday on the fourteenth of Nissan;
ic) a person who maintains possession of chametz on Pesach, e.g., he causes his dough to leaven;
c) a person who drinks wine used as a libation for false deities;
ci) a nazarite who partakes of the products of the vine;
cii) ... cuts his hair,
ciii) ...who contracts impurity imparted by a corpse;
civ) a person who shaves the hair next to a blemish of tzara'at
cv) a person who cuts off signs of tzara'at or removes them with fire;
cvi) a person who tills a wadi where the neck of a calf was broken to atone for an unsolved murder;
cvii) a person who sows in Eretz Yisrael in the Sabbatical year;
cviii) a person who trims a tree in the Sabbatical year;
cix) a person who reaps freely growing produce in the Sabbatical year without deviating from his ordinary pattern;
cx) a person who harvests fruit in the Sabbatical year without deviating from his ordinary pattern;
cxi) a person who sows in the Jubilee year;
cxii) a person who reaps in the Jubilee year without deviating from his ordinary pattern;
cxiii) a person who harvests fruit in the Jubilee year without deviating from his ordinary pattern;
cxiv) a person who destroys the produce from the corners of his harvest without giving it to a poor person;
cxv) a person who collects the grapes that grow individually in his vineyard and does not give them to a poor person;
cxvi) a person who collects the grain that falls from the reapers and does not give it to a poor person;
cxvii) a person who collects the grapes that grow in underdeveloped clusters in his vineyard and does not give them to a poor person;
cxviii) a person who takes a forgotten sheaf and does not give it to a poor person;
cxix) a person who takes a mother bird together with her young and does not send away the mother bird;
cxx) a person who sows mixed species of seeds together while sowing in Eretz Yisrael;
cxxi) a person who sows mixed species in a vineyard in Eretz Yisrael;
cxxii) a person who grafts mixed species of trees; this prohibition applies in every place;
cxxiii) a person who mates mixed species of animals; this prohibition applies in every place;
cxxiv) a person who leads mixed species of animals; this prohibition applies in every place;
cxxv) a person who muzzles an animal while it is working; this prohibition applies in every place;
cxxvi) a person who slaughters an animal and its offspring on the same day; this prohibition applies in every place;
cxxvii) a person who takes security from a colleague and does not return it to him when he requires it;
cxxviii) a person who takes security from a widow and does not return it to her;
cxxix) a person who takes utensils used in the preparation of food as security;
cxxx) a lying witness who is not penalized financially;
cxxxi) a person who strikes a colleague with a blow that does not require ap'rutah to be paid as compensation;
cxxxii) a wayward and rebellious son after the first testimony was delivered against him;
cxxxiii) a person who spreads a libelous report about his wife who is discovered to have lied;
cxxxiv) a person who curses a colleague using God's name;
cxxxv) a person who takes a false oath
cxxxvi) a person who takes an unnecessary oath
cxxxvii) a person who abrogates his vow;
cxxxiii) a person who goes beyond the Sabbath limits on the Sabbath;
cxxxix) a person who performs a forbidden labor on a festival;
cxl) a person who removes the hair at the corner of his head;
cxli) a person who removes the hair at the corner of his head;
cxlii) a person who gouges his flesh because of a person's death;
cxliii) a person who shaves his head because of a person's death;
cxliv) a person who tatoos himself;
cxlv) a person who wears shaatnez;
cxlvi) a person who chops down a fruit tree for a destructive purpose;
cxlvii) a man who wears the garments of a woman;
cxlviii) a woman who wears the garments of a man;
cil) a priest who contracts impurity because of contact with a corpse;
cl) a priest who consecrates a woman classified as a zonah and has relations with her;
cli) a priest who consecrates a divorcee and has relations with her;
clii) a priest who consecrates a woman classified as a challalah and has relations with her;
cliii) a High Priest who had relations with a widow even though he did not consecrate her;
cliv) a person who remarries his divorcee after she has been consecrated by another man;
clv) a person who marries a woman who is obligated to perform yibbum;
clvi) a man who has relations with a woman outside the context of marriage;
clvii) a mamzer who marries a native-born Jewess and has relations with her;
clviii) a person with crushed testicles who marries a native-born Jewess and has relations with her;
clix) a person who castrates another man, or a male animal, beast, or fowl;
clx) a rapist who divorces his victim and does not remarry her;
clxi) a person who spreads a libelous report about his wife, divorces her without remarrying her;
clxii) a person who enjoys intimacy with a woman forbidden him even though he did not engage in sexual relations; such a person is suspect of forbidden sexual activity;
clxiii) a person who marries out of the faith;
clxiv) an Ammonite convert who marries a native-born Jewess and had relations with her;
clxv) a Moabite convert who marries a native-born Jewess and had relations with her;
clxvi) a king who takes more wives than allowed by the Torah;
clxvii) a king who acquires more horses than allowed by the Torah;
clxviii) a king who acquires more wealth than necessary;
Thus there are a total of 207 violations which are punishable by lashes. An acronym for them is yilaku zerim The strangers will be lashed.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 20
Halacha 1
A court does not inflict punishment on the basis of conclusions which it draws, only on the basis of the testimony of witnesses with clear proof. Even if witnesses saw a person pursuing a colleague, they gave him a warning, but then diverted their attention, punishment is not inflicted on the basis of their testimony. Or to give a graphic example, the pursuer entered into a ruin, following the pursued and the witnesses followed him. They saw the victim slain, in his death throes, and the sword dripping blood in the hand of the killer, since they did not see him strike him, the court does not execute the killer based on this testimony. Concerning this and the like, Exodus 23:7 states: "Do not kill an innocent and righteous person."
Similarly, if two people testified that a person served a false deity in different circumstances, e.g., one saw him serve the sun and warned him, while the other saw him serve the moon and warned him, their testimonies are not combined. This can also be inferred from the verse: "Do not kill an innocent and righteous person." Since there is a rationale on which basis he could be held innocent and righteous, he should not be executed.
Halacha 2
Whenever a person violates a prohibition punishable by execution by the court under duress, the court should not execute him. Even in situations where the transgressor was commanded to sacrifice his life and not transgress, if he sinned under duress, although he desecrated God's name, he should not be executed. This is derived from Deuteronomy 22:26: "To the maiden, you should not do anything." This verse is a warning to the court not to punish a person who transgresses under duress.
Halacha 3
When a man is compelled to engage in relations with a woman forbidden to him, he is liable for execution by the court. The rationale is that an erection can only come about willingly. When a woman is raped, by contrast, she is absolved. This applies even if, in the midst of the rape, she says: "Allow him to continue." It is her natural inclination that overcame her.
Halacha 4
It is forbidden for the court to have compassion for the killer. The judges should not say: "Since this person has already been killed, what advantage is there in killing another person," and thus be lax in executing him. This is implied byDeuteronomy 19:13: "Do not allow your eyes to take pity. You shall eliminate innocent bloodshed."
Similarly, it is forbidden for the court to take pity on a person who was obligated to pay a fine. They should not say: "He is poor. He acted unintentionally." Instead, they should exact the entire payment from him without compassion, asIbid.:21 states: "You shall not take pity."
Similarly, in questions of monetary law, one should not show mercy to the poor, saying: "He is indigent and the other litigant is wealthy. Since both I and the wealthy man are obligated to provide for the poor person's livelihood, I will vindicate him in judgment and thus he will derive his livelihood with honor." With regard to this, the Torah warned Exodus 23:3: "Do not glorify the indigent in his dispute," and Leviticus 19:15: "Do not show favor to the poor."
It is forbidden to show favor to a person of stature. What is implied? Two people come before one for judgment, one a wise man of stature and one, an ordinary person. One may not ask about the welfare of the person of stature first, nor treat him with favor, nor show him honor, lest this cause the other litigant to become tongue-tied. Instead, the judge should not turn to either of them in a personal manner until the judgment is concluded. This is derived from [Ibid.: "Do not glorify the countenance of a person of stature." Our Sages said: One should not say: "This man is affluent; he is the son of people of stature, how can I embarrass him and witness his humiliation." With regard to this, it is written: "Do not glorify the countenance of a person of stature."
Halacha 5
If two people come before a judge one observant and one wicked, he should not say : "Since he is wicked and it can be presumed that he is lying and conversely, it can be assumed that the other litigant does not falsify his statements, I will be biased against the wicked in judgment." With regard to this,Exodus 23:7 states: "Do not be biased in the judgment of the poor person." The intent is even if a person is poor in the observance of mitzvot, do not be biased in his judgment.
Halacha 6
Leviticus 19:15: "Do not act perversely in judgment" refers to a person who distorts the judgment and vindicates the litigant who should be held liable and obligates the litigant who should be vindicated. Similarly, a person who delays rendering judgment and extends his deliberations even though the matter is clear-cut in order to aggravate one of the litigants is also considered as one who acts perversely.
Halacha 7
A person who is haughty when rendering judgment and hurries to deliver a judgment before he examines the matter in his own mind until it is as clear as the sun to him is considered a fool, wicked, and conceited. Our Sages commanded: "Be patient in judgment." And similarly, Job 29:16 states: "When I did not understand a complaint, I would investigate."
Halacha 8
A judge who begins comparing a judgment that is brought before him to a judgment that was already rendered with which he was familiar is considered as wicked and haughty when rendering judgment if there is a scholar in his city who is wiser than him and he fails to consult him. Our Sages comment: "May evil upon evil befall him." For these and similar concepts stem from haughtiness which leads to the perversion of justice.
Proverbs 7:26: "She cast down many corpses" refers to a student who has not reached the level where he can deliver rulings, but does so. Awesome are all she has slain" Ibid. refers to a scholar who has reached the level where he can deliver rulings, but does not do so.
The latter denunciation applies provided his generation requires his services. If, however, he knows that there is another scholar capable of rendering decisions, and therefore he refrains from doing so, he is praiseworthy. Whenever a person refrains from becoming involved in a judgment, he removes the responsibility for antagonism, theft, and false oaths from himself. A person who is haughty in rendering judgment is foolish, wicked, and arrogant.
Halacha 9
A student should not give a ruling in the presence of his teacher unless he is three parseot removed from him. This distance is the length of the encampment of the Jews in the desert.
Halacha 10
A person should not say: "All of the above applies with regard to a judgment that involves the expropriation of a large sum of money from one person to another." Instead, a judgment involving 1000 maneh and one involving ap'rutah should be regarded as identical with regard to all matters.
Halacha 11
Judges should not sit down to adjudicate a case involving less than a p'rutah. If, however, they were required to adjudicate a complaint involving a p'rutah, they render a judgment even if ultimately, the outcome concerns less than a p'rutah.
Halacha 12
Anyone who perverts a judgment against another Jew transgresses a negative commandment, as Leviticus 19:15 states: "Do not act perversely in judgment." If the litigant was a convert, he transgresses two negative commandments, asDeuteronomy 24:17 states: "Do not distort the judgment of a convert." If he was an orphan, the transgressor violates three negative commandments as that verse continues: "...the judgment of an orphaned convert."
Sanhedrin veha`Onashin haMesurin lahem - Chapter 21
Halacha 1
It is a positive commandment for a judge to adjudicate righteously, as Leviticus 19:15 states: "Judge your colleagues with righteousness."
What is meant by a righteous judgment? Equating the litigants with regard to all matters. One should not be allowed to speak to the full extent he feels necessary while the other is told to speak concisely. One should not treat one favorably and speak gently to him and treat the other harshly and speak sternly to him.
Halacha 2
When there are two litigants, one wearing precious garments and the other degrading garments, we tell the litigant who carries himself honorably: "Either clothe him as you are clothed for the duration of your judgment or dress like him, so that you will be equal. Afterwards, stand judgment."
Halacha 3
One of the litigants should not be allowed to sit, while the other stands. Instead, they both should stand. If the court desires to seat both of them, they may. One should not be seated on a higher plane than the other. Instead, they should sit on the same level.
When does this apply? During the give and take of the arguments. When, however, the judgment is being delivered, both litigants must stand, as Exodus 18:13 states: "And the people stood before Moses."
What is meant by the delivery of the judgment? The announcement: "So and so, you are vindicated? So and so, you are liable."
When does the above apply? To the litigants. The witnesses, by contrast, must always stand, as Deuteronomy 19:17 states: "And the two men shall stand."
Halacha 4
When a Torah scholar and a common person come to adjudicate a dispute, the Torah scholar is seated. And the common person is instructed to sit. If, however, he does not sit, it is of no consequence.
A student who wishes to have a dispute adjudicated should not come early and sit before his teacher if he desires to have him adjudicate the case. If, however, each one of the judge's students had a fixed time to read before the judge and one of them came to read at the time of his judgment, it is permitted for the judge to hear the case.
Halacha 5
It has already become customary in all the courts throughout Israel after the era of Talmud, in all the yeshivot, to have the litigants and the witnesses sit so that there will be no controversy. For we do not have the power to establish the judgments of our faith in a firm manner.
Halacha 6
If there were many litigants before the judges, precedence should be give to a case involving an orphan to one involving a widow, as implied by Isaiah 1:17: "Judge an orphan, enter in a dispute on behalf of a widow." A case involving a widow receives precedence over a case involving a Torah scholar. A case involving a Torah scholar takes precedence over a case involving a common person. And a case involving a woman takes precedence over one involving a man, because the shame felt by a woman is greater.
Halacha 7
It is forbidden for a judge to hear the words of one of the litigants before the other comes or outside the other's presence. Even hearing one word is forbidden, as implied by Deuteronomy 1:16: "Listen among your brethren." A judge who listens to only one litigant violates a negative commandment, asExodus 23:1 states: "Do not bear a false report." Included in this prohibition is a warning to a person who listens to malicious gossip, one who speaks malicious gossip, and one who bears false testimony.
Similarly, each litigant is warned not to tell his arguments to a judge before the other litigant comes. With regard to this and similar matters, Exodus 23:7states: "Keep distant from words of falsehood."
Halacha 8
A judge should not hear from a translator. If he understands the language of the litigants and listens to their arguments, but is not fluent in their language in order to respond to them, he should appoint a translator to inform them of the ruling and the rationale why this person's claim was vindicated and the other was held liable.
Halacha 9
A judge must listen to the arguments of the litigants and restate their claims, as evident from I Kings 3:23 which states: "And the king said: 'This one says: "Mine is the son who lives and your son is the one who is dead."...'"
He should determine the just resolution of the judgment in his heart and then pronounce judgment.
Halacha 10
What is the source which teaches that a judge should not justify the arguments of one of the litigants? "Keep distant from words of falsehood." Instead, the litigant should tell the judge what appears correct to him and the judge should remain silent.
He should not teach one of the litigants an argument at all. Even if the plaintiff brings only one witness, the judge should not say: "We do not accept the testimony of one witness." Instead, he should tell the defendant: "See, he has testified against you." Preferably, he will acknowledge the other's claim, saying: "He testified truthfully." The judge should not ignore the witness's testimony unless the other litigant says: "He is only one witness and I do not accept his testimony." Similar principles apply in all analogous situations.
Halacha 11
If a judge sees a vindicating argument for one of the litigants and realizes that the litigant is seeking to state it, but does not know how to articulate the matter, sees that one was painfully trying to extricate himself with a true claim, but because of his anger and rage, he lost touch of the argument, or sees that one became confused because of his intellectual inadequacy, he may assist him somewhat to grant him an initial understanding of the matter, as indicated byProverbs 31:8: "Open your mouth for the dumb person." One must reconsider the matter amply, lest one become like a legal counselor.
• English Text | Video Class• Thursday, Cheshvan 16, 5776 · 29 October /2015
"Today's Day"
Sunday Cheshvan 16 5704
Torah lessons: Chumash: Chayei Sara, first parsha with Rashi.
Tehillim: 79-82.
Tanya: XXVIII. "Why was the (p. 571) ...lower than nogah. (p. 573).
Thought is a garment and servant of the intellect and emotions.1 Even when it is not serving the intellect or emotions, it continues to function, thinking and meditating. However, this activity is then not only devoid of content, but also open to depravement... It is explained that alien or evil thoughts are caused by "emptiness of the head." For when the mind is occupied, the thought has something to serve, and there is no room for stupid and vain thoughts devoid of substance.
FOOTNOTES
1. See Tanya Ch. 4.
• Daily Thought:
Delight and Quintessence
A bird builds its nest, a tree spreads its boughs, a cloud floats across the sky—and we see there beauty, ingenuity, wisdom and might.
But behind it all is delight. The delight the Creator takes in each thing.
Each thing begins with delight; delight condenses to become wisdom; wisdom condenses to become ingenuity, consciousness, love, might and beauty, and all the other fabric of the universe.
But it all begins with delight.
“Nothing is higher than delight,” says the Book of Formation. It is the quintessence of all that exists.[Likkutei Sichot, vol. 6, p. 22. Maamar Bati Legani 5734 (end). Simchat Torah 5712:24. Bereishit 5735:1.]
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