Today's Laws & Customs:
• Rosh Chodesh Observances
Today is the first of the two Rosh Chodesh ("Head of the Month") days for the month ofCheshvan (when a month has 30 days, both the last day of the month and the first day of the following month serve as the following month's Rosh Chodesh).
Special portions are added to the daily prayers: Hallel (Psalms 113-118) is recited -- in its "partial" form -- following the Shacharit morning prayer, and the Yaaleh V'yavo prayer is added to the Amidah and to Grace After Meals; the additional Musaf prayer is said (when Rosh Chodesh is Shabbat, special additions are made to the Shabbat Musaf). Tachnun (confession of sins) and similar prayers are omitted.
Many have the custom to mark Rosh Chodesh with a festive meal and reduced work activity. The latter custom is prevalent amongst women, who have a special affinity with Rosh Chodesh -- the month being the feminine aspect of the Jewish Calendar.
Links: The 29th Day; The Lunar Files
Daily Quote:
The spiritual and the physical are antithetical in their very essence: what is a positive quality in the physical is a deficiency in the spiritual...[Rabbi Schneur Zalman of Liadi]
Daily Study:
Chitas and Rambam for today:
Chumash: Noach, 3rd Portion Genesis 7:17-8:14 with Rashi
• English
• Chapter 7
17Now the Flood was forty days upon the earth, and the waters increased, and they lifted the ark, and it rose off the earth. יזוַיְהִי הַמַּבּוּל אַרְבָּעִים יוֹם עַל הָאָרֶץ וַיִּרְבּוּ הַמַּיִם וַיִּשְׂאוּ אֶת הַתֵּבָה וַתָּרָם מֵעַל הָאָרֶץ:
and it rose off the earth: It was submerged in the water eleven cubits like a loaded ship, which is partially submerged in the water, and the following verses prove this. — [from Gen. Rabbah 32:9] See Rashi below 8:3f. ותרם מעל הארץ: משוקעת היתה במים אחת עשרה אמה כספינה טעונה המשוקעת מקצתה במים ומקראות שלפנינו יוכיחו:
18And the waters became powerful, and they increased very much upon the earth, and the ark moved upon the waters. יחוַיִּגְבְּרוּ הַמַּיִם וַיִּרְבּוּ מְאֹד עַל הָאָרֶץ וַתֵּלֶךְ הַתֵּבָה עַל פְּנֵי הַמָּיִם:
became powerful: By themselves. ויגברו: מאליהן:
19And the waters became exceedingly powerful upon the earth, and all the lofty mountains that were under the heavens were covered up. יטוְהַמַּיִם גָּבְרוּ מְאֹד מְאֹד עַל הָאָרֶץ וַיְכֻסּוּ כָּל הֶהָרִים הַגְּבֹהִים אֲשֶׁר תַּחַת כָּל הַשָּׁמָיִם:
20Fifteen cubits above did the waters prevail, and the mountains were covered up. כחֲמֵשׁ עֶשְׂרֵה אַמָּה מִלְמַעְלָה גָּבְרוּ הַמָּיִם וַיְכֻסּוּ הֶהָרִים:
Fifteen cubits above: Above the peaks of all the mountains, after the waters were equal to [at the same level as] the mountain peaks. — [from Gen. Rabbah 32:11] חמש עשרה אמה מלמעלה: למעלה של כל גובה כל ההרים לאחר שהושוו המים לראשי ההרים:
21And all flesh perished that moved upon the earth, among the fowl, and among the cattle, and among the beasts, and among all creeping creatures that creep upon the earth and all mankind. כאוַיִּגְוַע כָּל בָּשָׂר | הָרֹמֵשׂ עַל הָאָרֶץ בָּעוֹף וּבַבְּהֵמָה וּבַחַיָּה וּבְכָל הַשֶּׁרֶץ הַשֹּׁרֵץ עַל הָאָרֶץ וְכֹל הָאָדָם:
22Everything that had the breath of the spirit of life in its nostrils, of all that were on the dry land, died. כבכֹּל אֲשֶׁר נִשְׁמַת רוּחַ חַיִּים בְּאַפָּיו מִכֹּל אֲשֶׁר בֶּחָרָבָה מֵתוּ:
the breath of the spirit of life: Heb. נִשְמַת, the breath (נְשָמָה) of the spirit of life [and not “soul”]. נשמת רוח חיים: נשימה של רוח חיים:
that were on the dry land: But not the fish, which were in the sea. — [Sanh. 108a] אשר בחרבה: ולא דגים שבים:
23And it [the Flood] blotted out all beings that were upon the face of the earth, from man to animal to creeping thing and to the fowl of the heavens, and they were blotted out from the earth, and only Noah and those with him in the ark survived. כגוַיִּמַח אֶת כָּל הַיְקוּם | אֲשֶׁר | עַל פְּנֵי הָאֲדָמָה מֵאָדָם עַד בְּהֵמָה עַד רֶמֶשׂ וְעַד עוֹף הַשָּׁמַיִם וַיִּמָּחוּ מִן הָאָרֶץ וַיִּשָּׁאֶר אַךְ נֹחַ וַאֲשֶׁר אִתּוֹ בַּתֵּבָה:
And it blotted out: Heb. וַיִּמַח is in the וַיִּפְעַל form, the active voice, and not in the וַיִּפָּעֶל form, the passive voice. And this is of the form of וַיִּפֶן, he turned, וַיִּבֶן, he built. Every word [i.e., verb] whose root ends with a “hey,” e.g., בנה, to build, מחה, to erase, קנה, to acquire—when you prefix it with a “vav” and a “yud,” it is vowelized with a “chirik” under the “yud.” [Rashi teaches us that the meaning of the verse is not “and all beings were blotted out,” but “and it”—meaning the Flood—“blotted out all beings.”] וימח: לשון ויפעל הוא ואינו לשון ויפעל והוא מגזרת ויפן ויבן. כל תיבה שסופה ה"א כגון בנה, מחה, קנה, כשהוא נותן וי"ו יו"ד בראשה נקוד בחירק תחת היו"ד:
and only Noah…survived: אַךְ means “only” Noah. This is its simple meaning, but the Midrash Aggadah (Tan. Noach 9) [states]: He was groaning and spitting blood because of the burden [of caring for] the cattle and the beasts, and some say that he delayed feeding the lion, and it struck him, and concerning him it is said (Prov. 11:31): “Behold a righteous man is requited [for his sins] in this world.” - [Tan. Noach 9] אך נח: לבד נח, זהו פשוטו. ומדרש אגדה היה גונח וכוהה דם מטורח הבהמות והחיות. ויש אומרים שאיחר מזונות לארי והכישו, ועליו נאמר (משלי יא לא) הן צדיק בארץ ישולם:
24And the water prevailed upon the earth a hundred and fifty days. כדוַיִּגְבְּרוּ הַמַּיִם עַל הָאָרֶץ חֲמִשִּׁים וּמְאַת יוֹם:
Chapter 8
1And God remembered Noah and all the beasts and all the cattle that were with him in the ark, and God caused a spirit to pass over the earth, and the waters subsided. אוַיִּזְכֹּר אֱלֹהִים אֶת נֹחַ וְאֵת כָּל הַחַיָּה וְאֶת כָּל הַבְּהֵמָה אֲשֶׁר אִתּוֹ בַּתֵּבָה וַיַּעֲבֵר אֱלֹהִים רוּחַ עַל הָאָרֶץ וַיָּשֹׁכּוּ הַמָּיִם:
And God remembered: Heb. אֱלֹהִים. This name represents the Divine Standard of Justice, which was converted to the Divine Standard of Mercy through the prayer of the righteous. But the wickedness of the wicked converts the Divine Standard of Mercy to the Divine Standard of Justice, as it is said: (above 6:5ff.): “And the Lord (י-ה-ו-ה) saw that the evil of man was great, etc. And the Lord (י-ה-ו-ה) said, ‘I will blot out, etc.’” although that name is the name of the Divine Standard of Mercy. — [Gen. Rabbah 33:3, Succah 14a. That Noah prayed in the ark appears in Tan. Noach 11, Aggadath Bereishith 7:3, Sefer Hayashar]. ויזכור א-להים: זה השם מדת הדין הוא, ונהפכה למדת רחמים על ידי תפלת הצדיקים, ורשעתן של רשעים הופכת מדת רחמים למדת הדין, שנאמר (בראשית ו ה) וירא ה' כי רבה רעת האדם וגו' ויאמר ה' אמחה, והוא שם מדת רחמים:
And God remembered Noah, etc.: What did He remember regarding the animals? The merit that they did not corrupt their way before this [the Flood], and that they did not copulate in the ark. — [Tan. Buber Noach 11, Yer. Ta’an. 1:6] ויזכור א-להים את נח וגו': מה זכר להם לבהמות, זכות שלא השחיתו דרכם קודם לכן ושלא שמשו בתיבה:
and God caused a spirit to pass: A spirit of consolation and calm passed before Him. — [Targum Jonathan and Yerushalmi] ויעבר א-להים רוח: רוח תנחומין והנחה עברה לפניו:
over the earth: Concerning [events on] the earth. על הארץ: על עסקי הארץ:
and the waters subsided: Heb. וַיָּשֹׁכּוּ, like (Esther 2:1): “when the king’s fury subsided (כְּשֹׁךְ),” an expression of the calming of anger. — [from Tan. Buber Noach 12] וישכו: כמו (אסתר ב א) כשוך חמת המלך לשון הנחת חמה:
2And the springs of the deep were closed, and the windows of the heavens, and the rain from the heavens was withheld. בוַיִּסָּכְרוּ מַעְיְנֹת תְּהוֹם וַאֲרֻבֹּת הַשָּׁמָיִם וַיִּכָּלֵא הַגֶּשֶׁם מִן הַשָּׁמָיִם:
And the springs…were closed: When they were opened, it was written (7: 11): “all the springs,” but here,“all” is not written, because some of them remained [open], those that were necessary for the world, such as the hot springs of Tiberias and the like. — [Gen. Rabbah 33:4] ויסכרו מעינות: כשנפתחו כתיב (ז יא) כל מעינות, וכאן אין כתיב כל, לפי שנשתיירו מהם אותן שיש בהם צורך לעולם, כגון חמי טבריא וכיוצא בהם:
was withheld: Heb. וַיִכָּלֵא, and it was withheld, like (Ps. 40:12):“You will not withhold (תִכְלָא) Your mercies” ; (Gen. 23:6):“[None of us] will withhold (יִכְלֶה) from you.” ויכלא: וימנע, כמו (תהלים מ יב) לא תכלא רחמיך, (בראשית כג ו) לא יכלה ממך:
3And the waters receded off the earth more and more, and the water diminished at the end of a hundred and fifty days. גוַיָּשֻׁבוּ הַמַּיִם מֵעַל הָאָרֶץ הָלוֹךְ וָשׁוֹב וַיַּחְסְרוּ הַמַּיִם מִקְצֵה חֲמִשִּׁים וּמְאַת יוֹם:
at the end of a hundred and fifty days: they commenced to diminish, and that was on the first of Sivan. How so? On the twenty-seventh of Kislev, the rains stopped, leaving three days in Kislev and twenty-nine in Teveth, making a total of thirty-two days, and Shevat, Adar, Nissan, and Iyar total one hundred and eighteen [days], making a grand total of one hundred fifty [days]. — [Seder Olam ch. 4] מקצה חמשים ומאת יום: התחילו לחסור, והוא אחד בסיון. כיצד בעשרים ושבעה בכסליו פסקו הגשמים הרי שלשה מכסליו ועשרים ותשעה מטבת הרי שלושים ושתים, ושבט ואדר וניסן ואייר מאה ושמונה עשר הרי מאה וחמשים:
4And the ark came to rest in the seventh month, on the seventeenth day of the month, on the mountains of Ararat. דוַתָּנַח הַתֵּבָה בַּחֹדֶשׁ הַשְּׁבִיעִי בְּשִׁבְעָה עָשָׂר יוֹם לַחֹדֶשׁ עַל הָרֵי אֲרָרָט:
in the seventh month: Sivan, which is the seventh counting from Kislev, in which the rains stopped. — [from aforementioned source] בחדש השביעי: סיון והוא שביעי לכסליו שבו פסקו הגשמים:
on the seventeenth day: From here you learn that the ark was submerged in the water eleven cubits, for it is written: (verse 5) “ In the tenth [month], on the first of the month, the mountain peaks appeared.” That is [the month of] Av, which is the tenth month counting from Marcheshvan, when the rains fell, and they were fifteen cubits higher than the mountains. They diminished from the first of Sivan until the first of Av fifteen cubits in sixty days, at the rate of a cubit in four days. The result is that on the sixteenth of Sivan they had diminished only four cubits, and the ark came to rest on the next day. You learn [from here] that it was submerged eleven cubits in the waters [which were] above the mountain peaks. — [from aforementioned source] בשבעה עשר יום: מכאן אתה למד שהיתה התיבה משוקעת במים אחת עשרה אמה, שהרי כתיב (פסוק ה) בעשירי באחד לחדש נראו ראשי ההרים, זה אב שהוא עשירי (למרחשון) לירידת גשמים והם היו גבוהים על ההרים חמש עשרה אמה וחסרו מיום אחד בסיון עד אחד באב חמש עשרה אמה לששים יום, הרי אמה לארבעה ימים, נמצא שבששה עשר בסיון לא חסרו אלא ארבע אמות, ונחה התיבה ליום המחרת, למדת שהיתה משוקעת אחת עשרה אמה במים שעל ראשי ההרים:
5And the waters constantly diminished until the tenth month; in the tenth [month], on the first of the month, the mountain peaks appeared. הוְהַמַּיִם הָיוּ הָלוֹךְ וְחָסוֹר עַד הַחֹדֶשׁ הָעֲשִׂירִי בָּעֲשִׂירִי בְּאֶחָד לַחֹדֶשׁ נִרְאוּ רָאשֵׁי הֶהָרִים:
in the tenth [month], etc., the mountain peaks appeared: This refers to Av, which is the tenth [month] from Marcheshvan, when the rain commenced. Now if you say that it refers to Elul, which is the tenth [month] from Kislev, when the rain stopped, just as you say: “in the seventh month,” refers to Sivan, which is the seventh [month] after the cessation [of the rain]; [I will tell you that] it is impossible to say this. You must admit [that] the seventh month can be counted only from the time that the rain stopped, because there did not end the forty days of the rains and the one hundred fifty days when the water gained strength, until the first of Sivan. And if you say that it refers to the seventh [month] from the [beginning of the] rain, it would not come out to be Sivan. The tenth [month] can be counted only from the time the rain commenced to fall, for if you say [that it is counted] from the time when the rain stopped, which is Elul, you would not understand (verse 13): “In the first [month], on the first [day] of the month, the waters dried up from upon the earth,” for at the end of the forty days, when the mountain peaks appeared, he sent forth the raven, and he waited twenty-one days with sending the dove, totalling sixty days from the time the mountain peaks appeared until the surface of the earth dried. and if you say that they appeared in Elul, it would mean that they dried up in Marcheshvan. Scripture, however, calls it the first [month] and that can refer only to Tishri, which is the first [month] from the creation of the world, and according to Rabbi Joshua, it is Nissan. בעשירי נראו ראשי ההרים: זה אב, שהוא עשירי למרחשון שהתחיל הגשם. ואם תאמר הוא אלול ועשירי לכסליו שפסק הגשם, כשם שאתה אומר בחדש השביעי סיון והוא שביעי להפסקה. אי אפשר לומר כן, על כרחך שביעי אי אתה מונה אלא להפסקה, שהרי לא כלו ארבעים יום של ירידת גשמים ומאה וחמשים של תגבורת המים עד אחד בסיון, ואם אתה אומר שביעי לירידה אין זה סיון והעשירי אי אפשר למנות אלא לירידה, שאם אתה אומר להפסקה והוא אלול, אי אתה מוצא בראשון באחד לחדש חרבו המים מעל הארץ, שהרי מקץ ארבעים משנראו ראשי ההרים שלח את העורב, ועשרים ואחד יום הוחיל בשליחות היונה, הרי ששים יום משנראו ראשי ההרים עד שחרבו פני האדמה, ואם תאמר באלול נראו, נמצא שחרבו במרחשון, והוא קורא אותו ראשון ואין זה אלא תשרי, שהוא ראשון לבריאת עולם, ולרבי יהושע הוא ניסן:
6And it came to pass at the end of forty days, that Noah opened the window of the ark that he had made. ווַיְהִי מִקֵּץ אַרְבָּעִים יוֹם וַיִּפְתַּח נֹחַ אֶת חַלּוֹן הַתֵּבָה אֲשֶׁר עָשָׂה:
at the end of forty days: since the mountain peaks appeared. מקץ ארבעים יום: משנראו ראשי ההרים:
the window of the ark that he had made: for light, and this is not the opening of the ark, which was made for going in and out. את חלון התיבה אשר עשה: לצהר, ולא זה פתח התיבה העשוי לביאה ויציאה:
7And he sent forth the raven, and it went out, back and forth until the waters dried up off the earth. זוַיְשַׁלַּח אֶת הָעֹרֵב וַיֵּצֵא יָצוֹא וָשׁוֹב עַד יְבשֶׁת הַמַּיִם מֵעַל הָאָרֶץ:
and it went out, back and forth: Going and encircling around the ark, but it did not go to fulfill its errand because it [the raven] suspected him [Noah] concerning its mate, as we find in the Aggadah of [chapter] “Chelek.” - [from Sanh. 108b] יצוא ושוב: הולך ומקיף סביבות התיבה ולא הלך בשליחותו שהיה חושדו על בת זוגו, כמו ששנינו באגדת חלק (סנהדרין קח ב):
until the waters dried up: The simple explanation is its apparent meaning, but the Midrash Aggadah (Gen. Rabbah 33:5) [explains that] the raven was destined for another errand during the lack of rain in the time of Elijah, as it is said (I Kings 17:6): “and the ravens brought him bread and meat.” עד יבשת המים: פשוטו כמשמעו. אבל מדרש אגדה מוכן היה העורב לשליחות אחרת בעצירת גשמים בימי אליהו, שנאמר (מלכים א' יז ו) והעורבים מביאים לו לחם ובשר:
8And he sent forth the dove from with him, to see whether the waters had abated from upon the surface of the earth. חוַיְשַׁלַּח אֶת הַיּוֹנָה מֵאִתּוֹ לִרְאוֹת הֲקַלּוּ הַמַּיִם מֵעַל פְּנֵי הָאֲדָמָה:
And he sent forth the dove: seven days later, for it is written: “And he waited again another seven days.” From this general statement you learn that the first time too he waited seven days. — [Gen. Rabbah 33:6] וישלח את היונה: לסוף שבעה ימים שהרי כתיב ויחל עוד שבעה ימים אחרים, מכלל זה אתה למד שאף בראשונה הוחיל שבעה ימים:
And he sent forth: Heb. וַיְשַׁלַּח. This is not an expression of sending on a mission, but an expression of sending away. He sent it forth to go on its way, and thereby he would see whether the waters had abated, for if it would find a resting place, it would not return to him. וישלח: אין זה לשון שליחות אלא לשון שלוח, שלחה ללכת לדרכה, ובזו יראה אם קלו המים שאם תמצא מנוח לא תשוב אליו:
9But the dove found no resting place for the sole of its foot; so it returned to him to the ark because there was water upon the entire surface of the earth; so he stretched forth his hand and took it, and he brought it to him to the ark. טוְלֹא מָצְאָה הַיּוֹנָה מָנוֹחַ לְכַף רַגְלָהּ וַתָּשָׁב אֵלָיו אֶל הַתֵּבָה כִּי מַיִם עַל פְּנֵי כָל הָאָרֶץ וַיִּשְׁלַח יָדוֹ וַיִּקָּחֶהָ וַיָּבֵא אֹתָהּ אֵלָיו אֶל הַתֵּבָה:
10And he waited again another seven days, and he again sent forth the dove from the ark. יוַיָּחֶל עוֹד שִׁבְעַת יָמִים אֲחֵרִים וַיֹּסֶף שַׁלַּח אֶת הַיּוֹנָה מִן הַתֵּבָה:
And he waited: Heb. וַיָּחֶל, an expression of waiting, and so (Job 29:21): “They listened to me and waited (וְיִחֵלּוּ),” and there are many such instances in Scripture. ויחל: לשון המתנה, וכן (איוב כט כא) לי שמעו ויחלו, והרבה יש במקרא:
11And the dove returned to him at eventide, and behold it had plucked an olive leaf in its mouth; so Noah knew that the water had abated from upon the earth. יאוַתָּבֹא אֵלָיו הַיּוֹנָה לְעֵת עֶרֶב וְהִנֵּה עֲלֵה זַיִת טָרָף בְּפִיהָ וַיֵּדַע נֹחַ כִּי קַלּוּ הַמַּיִם מֵעַל הָאָרֶץ:
it had plucked…in its mouth: Heb. טָרָף, lit. he had plucked. [Rashi interprets טָרָף as a verb in the masculine form. According to his reading, there would be an inconsistency in the verse: “He had plucked an olive leaf in her mouth,” because the subject (which is masculine) would not agree with the final prepositional phrase (which is feminine).] I say that it was a male. Therefore, Scripture sometimes refers to it in the masculine gender and sometimes in the feminine, because every יוֹנָה in Scripture is in the feminine gender, like (Song 5:12): “like doves beside rivulets of water, bathing (רֹחֲצוֹת)” ; (Ezek. 7:16): “like doves of the valleys, they all moan (הֹמוֹת)” ; and like (Hos. 7:11): “like a silly (פוֹתָה) dove.” טרף בפיה: אומר אני שזכר היה לכן קוראו פעמים לשון זכר ופעמים לשון נקבה, לפי שכל יונה שבמקרא לשון נקבה, כמו (שה"ש ה יב) כיונים על אפיקי מים רוחצות, (יחזקאל ז טז) כיוני הגאיות כולם הומות, וכמו (הושע ז יא) כיונה פותה:
it had plucked: Heb. טָרָף,“he plucked.” The Midrash Aggadah explains it טָרָף as an expression of food, and interprets בְּפִיהָ as an expression of speech. It [the dove] said: Let my food be as bitter as an olive in the hands of the Holy One, blessed be He, and not as sweet as honey in the hands of flesh and blood. — [Sanh. 108b] טרף: חטף, ומדרש אגדה לשון מזון, ודרשו בפיה, לשון מאמר, אמרה יהיו מזונותי מרורין כזית בידו של הקב"ה ולא מתוקין כדבש בידי בשר ודם:
12And he again waited another seven days, and he sent forth the dove, and it no longer continued to return to him. יבוַיִּיָּחֶל עוֹד שִׁבְעַת יָמִים אֲחֵרִים וַיְשַׁלַּח אֶת הַיּוֹנָה וְלֹא יָסְפָה שׁוּב אֵלָיו עוֹד:
And he…waited: Heb. וַיִּיָּחֶל. This has the same meaning as וַיָּחֶל, except that the latter is the וַיַּפְעֶל form (the קַל conjugation), and the former is in the וַיִּתְפָּעֵל form (the reflexive conjugation). וַיָּחֶל is equivalent to וַיַּמְתֵּן (and he waited); וַיִּיָּחֶל is equivalent to וַיִּתְמַתֵּן (and he was patient). וייחל: הוא לשון ויחל, אלא שזה לשון ויפעל וזה לשון ויתפעל. ויחל וימתין, וייחל ויתמתן:
13And it came to pass in the six hundredth and first year, in the first [month], on the first of the month, that the waters dried up from upon the earth, and Noah removed the covering of the ark, and he saw, and behold, the surface of the ground had dried up. יגוַיְהִי בְּאַחַת וְשֵׁשׁ מֵאוֹת שָׁנָה בָּרִאשׁוֹן בְּאֶחָד לַחֹדֶשׁ חָרְבוּ הַמַּיִם מֵעַל הָאָרֶץ וַיָּסַר נֹחַ אֶת מִכְסֵה הַתֵּבָה וַיַּרְא וְהִנֵּה חָרְבוּ פְּנֵי הָאֲדָמָה:
in the first [month]: According to Rabbi Eliezer, it is Tishri, and according to Rabbi Joshua, it is Nissan. — [from Rashi R.H. 12b] See above 7:11, 8:5. בראשון: לרבי אליעזר הוא תשרי, ולרבי יהושע הוא ניסן:
dried up: It [the earth] became a sort of clay, for its upper surface had formed a crust. — [Seder Olam ch. 4, Gen. Rabbah 33:7, according to Yalkut Shim’oni] חרבו: נעשה כמין טיט, שקרמו פניה של מעלה:
14And in the second month, on the twenty seventh day of the month, the earth was dry. ידוּבַחֹדֶשׁ הַשֵּׁנִי בְּשִׁבְעָה וְעֶשְׂרִים יוֹם לַחֹדֶשׁ יָבְשָׁה הָאָרֶץ:
on the twenty-seventh: And they [the rains] started to fall in the second month, on the seventeenth day of the month. These are the eleven days by which the solar year exceeds the lunar year, for the judgment of the Generation of the Flood was for a whole year. — [from Eduyoth 2:10] בשבעה ועשרים: וירידתן בחדש השני בי"ז, אלו אחד עשר ימים שהחמה יתירה על הלבנה, שמשפט דור המבול שנה תמימה היה:
the earth was dry: It became dry earth, as it should be. יבשה: נעשה גריד כהלכתה:
Daily Tehillim: Chapters 145 - 150
• Chapter 145
Tanya: Iggeret HaKodesh, middle of Epistle 25
• English Text
17Now the Flood was forty days upon the earth, and the waters increased, and they lifted the ark, and it rose off the earth. יזוַיְהִי הַמַּבּוּל אַרְבָּעִים יוֹם עַל הָאָרֶץ וַיִּרְבּוּ הַמַּיִם וַיִּשְׂאוּ אֶת הַתֵּבָה וַתָּרָם מֵעַל הָאָרֶץ:
and it rose off the earth: It was submerged in the water eleven cubits like a loaded ship, which is partially submerged in the water, and the following verses prove this. — [from Gen. Rabbah 32:9] See Rashi below 8:3f. ותרם מעל הארץ: משוקעת היתה במים אחת עשרה אמה כספינה טעונה המשוקעת מקצתה במים ומקראות שלפנינו יוכיחו:
18And the waters became powerful, and they increased very much upon the earth, and the ark moved upon the waters. יחוַיִּגְבְּרוּ הַמַּיִם וַיִּרְבּוּ מְאֹד עַל הָאָרֶץ וַתֵּלֶךְ הַתֵּבָה עַל פְּנֵי הַמָּיִם:
became powerful: By themselves. ויגברו: מאליהן:
19And the waters became exceedingly powerful upon the earth, and all the lofty mountains that were under the heavens were covered up. יטוְהַמַּיִם גָּבְרוּ מְאֹד מְאֹד עַל הָאָרֶץ וַיְכֻסּוּ כָּל הֶהָרִים הַגְּבֹהִים אֲשֶׁר תַּחַת כָּל הַשָּׁמָיִם:
20Fifteen cubits above did the waters prevail, and the mountains were covered up. כחֲמֵשׁ עֶשְׂרֵה אַמָּה מִלְמַעְלָה גָּבְרוּ הַמָּיִם וַיְכֻסּוּ הֶהָרִים:
Fifteen cubits above: Above the peaks of all the mountains, after the waters were equal to [at the same level as] the mountain peaks. — [from Gen. Rabbah 32:11] חמש עשרה אמה מלמעלה: למעלה של כל גובה כל ההרים לאחר שהושוו המים לראשי ההרים:
21And all flesh perished that moved upon the earth, among the fowl, and among the cattle, and among the beasts, and among all creeping creatures that creep upon the earth and all mankind. כאוַיִּגְוַע כָּל בָּשָׂר | הָרֹמֵשׂ עַל הָאָרֶץ בָּעוֹף וּבַבְּהֵמָה וּבַחַיָּה וּבְכָל הַשֶּׁרֶץ הַשֹּׁרֵץ עַל הָאָרֶץ וְכֹל הָאָדָם:
22Everything that had the breath of the spirit of life in its nostrils, of all that were on the dry land, died. כבכֹּל אֲשֶׁר נִשְׁמַת רוּחַ חַיִּים בְּאַפָּיו מִכֹּל אֲשֶׁר בֶּחָרָבָה מֵתוּ:
the breath of the spirit of life: Heb. נִשְמַת, the breath (נְשָמָה) of the spirit of life [and not “soul”]. נשמת רוח חיים: נשימה של רוח חיים:
that were on the dry land: But not the fish, which were in the sea. — [Sanh. 108a] אשר בחרבה: ולא דגים שבים:
23And it [the Flood] blotted out all beings that were upon the face of the earth, from man to animal to creeping thing and to the fowl of the heavens, and they were blotted out from the earth, and only Noah and those with him in the ark survived. כגוַיִּמַח אֶת כָּל הַיְקוּם | אֲשֶׁר | עַל פְּנֵי הָאֲדָמָה מֵאָדָם עַד בְּהֵמָה עַד רֶמֶשׂ וְעַד עוֹף הַשָּׁמַיִם וַיִּמָּחוּ מִן הָאָרֶץ וַיִּשָּׁאֶר אַךְ נֹחַ וַאֲשֶׁר אִתּוֹ בַּתֵּבָה:
And it blotted out: Heb. וַיִּמַח is in the וַיִּפְעַל form, the active voice, and not in the וַיִּפָּעֶל form, the passive voice. And this is of the form of וַיִּפֶן, he turned, וַיִּבֶן, he built. Every word [i.e., verb] whose root ends with a “hey,” e.g., בנה, to build, מחה, to erase, קנה, to acquire—when you prefix it with a “vav” and a “yud,” it is vowelized with a “chirik” under the “yud.” [Rashi teaches us that the meaning of the verse is not “and all beings were blotted out,” but “and it”—meaning the Flood—“blotted out all beings.”] וימח: לשון ויפעל הוא ואינו לשון ויפעל והוא מגזרת ויפן ויבן. כל תיבה שסופה ה"א כגון בנה, מחה, קנה, כשהוא נותן וי"ו יו"ד בראשה נקוד בחירק תחת היו"ד:
and only Noah…survived: אַךְ means “only” Noah. This is its simple meaning, but the Midrash Aggadah (Tan. Noach 9) [states]: He was groaning and spitting blood because of the burden [of caring for] the cattle and the beasts, and some say that he delayed feeding the lion, and it struck him, and concerning him it is said (Prov. 11:31): “Behold a righteous man is requited [for his sins] in this world.” - [Tan. Noach 9] אך נח: לבד נח, זהו פשוטו. ומדרש אגדה היה גונח וכוהה דם מטורח הבהמות והחיות. ויש אומרים שאיחר מזונות לארי והכישו, ועליו נאמר (משלי יא לא) הן צדיק בארץ ישולם:
24And the water prevailed upon the earth a hundred and fifty days. כדוַיִּגְבְּרוּ הַמַּיִם עַל הָאָרֶץ חֲמִשִּׁים וּמְאַת יוֹם:
Chapter 8
1And God remembered Noah and all the beasts and all the cattle that were with him in the ark, and God caused a spirit to pass over the earth, and the waters subsided. אוַיִּזְכֹּר אֱלֹהִים אֶת נֹחַ וְאֵת כָּל הַחַיָּה וְאֶת כָּל הַבְּהֵמָה אֲשֶׁר אִתּוֹ בַּתֵּבָה וַיַּעֲבֵר אֱלֹהִים רוּחַ עַל הָאָרֶץ וַיָּשֹׁכּוּ הַמָּיִם:
And God remembered: Heb. אֱלֹהִים. This name represents the Divine Standard of Justice, which was converted to the Divine Standard of Mercy through the prayer of the righteous. But the wickedness of the wicked converts the Divine Standard of Mercy to the Divine Standard of Justice, as it is said: (above 6:5ff.): “And the Lord (י-ה-ו-ה) saw that the evil of man was great, etc. And the Lord (י-ה-ו-ה) said, ‘I will blot out, etc.’” although that name is the name of the Divine Standard of Mercy. — [Gen. Rabbah 33:3, Succah 14a. That Noah prayed in the ark appears in Tan. Noach 11, Aggadath Bereishith 7:3, Sefer Hayashar]. ויזכור א-להים: זה השם מדת הדין הוא, ונהפכה למדת רחמים על ידי תפלת הצדיקים, ורשעתן של רשעים הופכת מדת רחמים למדת הדין, שנאמר (בראשית ו ה) וירא ה' כי רבה רעת האדם וגו' ויאמר ה' אמחה, והוא שם מדת רחמים:
And God remembered Noah, etc.: What did He remember regarding the animals? The merit that they did not corrupt their way before this [the Flood], and that they did not copulate in the ark. — [Tan. Buber Noach 11, Yer. Ta’an. 1:6] ויזכור א-להים את נח וגו': מה זכר להם לבהמות, זכות שלא השחיתו דרכם קודם לכן ושלא שמשו בתיבה:
and God caused a spirit to pass: A spirit of consolation and calm passed before Him. — [Targum Jonathan and Yerushalmi] ויעבר א-להים רוח: רוח תנחומין והנחה עברה לפניו:
over the earth: Concerning [events on] the earth. על הארץ: על עסקי הארץ:
and the waters subsided: Heb. וַיָּשֹׁכּוּ, like (Esther 2:1): “when the king’s fury subsided (כְּשֹׁךְ),” an expression of the calming of anger. — [from Tan. Buber Noach 12] וישכו: כמו (אסתר ב א) כשוך חמת המלך לשון הנחת חמה:
2And the springs of the deep were closed, and the windows of the heavens, and the rain from the heavens was withheld. בוַיִּסָּכְרוּ מַעְיְנֹת תְּהוֹם וַאֲרֻבֹּת הַשָּׁמָיִם וַיִּכָּלֵא הַגֶּשֶׁם מִן הַשָּׁמָיִם:
And the springs…were closed: When they were opened, it was written (7: 11): “all the springs,” but here,“all” is not written, because some of them remained [open], those that were necessary for the world, such as the hot springs of Tiberias and the like. — [Gen. Rabbah 33:4] ויסכרו מעינות: כשנפתחו כתיב (ז יא) כל מעינות, וכאן אין כתיב כל, לפי שנשתיירו מהם אותן שיש בהם צורך לעולם, כגון חמי טבריא וכיוצא בהם:
was withheld: Heb. וַיִכָּלֵא, and it was withheld, like (Ps. 40:12):“You will not withhold (תִכְלָא) Your mercies” ; (Gen. 23:6):“[None of us] will withhold (יִכְלֶה) from you.” ויכלא: וימנע, כמו (תהלים מ יב) לא תכלא רחמיך, (בראשית כג ו) לא יכלה ממך:
3And the waters receded off the earth more and more, and the water diminished at the end of a hundred and fifty days. גוַיָּשֻׁבוּ הַמַּיִם מֵעַל הָאָרֶץ הָלוֹךְ וָשׁוֹב וַיַּחְסְרוּ הַמַּיִם מִקְצֵה חֲמִשִּׁים וּמְאַת יוֹם:
at the end of a hundred and fifty days: they commenced to diminish, and that was on the first of Sivan. How so? On the twenty-seventh of Kislev, the rains stopped, leaving three days in Kislev and twenty-nine in Teveth, making a total of thirty-two days, and Shevat, Adar, Nissan, and Iyar total one hundred and eighteen [days], making a grand total of one hundred fifty [days]. — [Seder Olam ch. 4] מקצה חמשים ומאת יום: התחילו לחסור, והוא אחד בסיון. כיצד בעשרים ושבעה בכסליו פסקו הגשמים הרי שלשה מכסליו ועשרים ותשעה מטבת הרי שלושים ושתים, ושבט ואדר וניסן ואייר מאה ושמונה עשר הרי מאה וחמשים:
4And the ark came to rest in the seventh month, on the seventeenth day of the month, on the mountains of Ararat. דוַתָּנַח הַתֵּבָה בַּחֹדֶשׁ הַשְּׁבִיעִי בְּשִׁבְעָה עָשָׂר יוֹם לַחֹדֶשׁ עַל הָרֵי אֲרָרָט:
in the seventh month: Sivan, which is the seventh counting from Kislev, in which the rains stopped. — [from aforementioned source] בחדש השביעי: סיון והוא שביעי לכסליו שבו פסקו הגשמים:
on the seventeenth day: From here you learn that the ark was submerged in the water eleven cubits, for it is written: (verse 5) “ In the tenth [month], on the first of the month, the mountain peaks appeared.” That is [the month of] Av, which is the tenth month counting from Marcheshvan, when the rains fell, and they were fifteen cubits higher than the mountains. They diminished from the first of Sivan until the first of Av fifteen cubits in sixty days, at the rate of a cubit in four days. The result is that on the sixteenth of Sivan they had diminished only four cubits, and the ark came to rest on the next day. You learn [from here] that it was submerged eleven cubits in the waters [which were] above the mountain peaks. — [from aforementioned source] בשבעה עשר יום: מכאן אתה למד שהיתה התיבה משוקעת במים אחת עשרה אמה, שהרי כתיב (פסוק ה) בעשירי באחד לחדש נראו ראשי ההרים, זה אב שהוא עשירי (למרחשון) לירידת גשמים והם היו גבוהים על ההרים חמש עשרה אמה וחסרו מיום אחד בסיון עד אחד באב חמש עשרה אמה לששים יום, הרי אמה לארבעה ימים, נמצא שבששה עשר בסיון לא חסרו אלא ארבע אמות, ונחה התיבה ליום המחרת, למדת שהיתה משוקעת אחת עשרה אמה במים שעל ראשי ההרים:
5And the waters constantly diminished until the tenth month; in the tenth [month], on the first of the month, the mountain peaks appeared. הוְהַמַּיִם הָיוּ הָלוֹךְ וְחָסוֹר עַד הַחֹדֶשׁ הָעֲשִׂירִי בָּעֲשִׂירִי בְּאֶחָד לַחֹדֶשׁ נִרְאוּ רָאשֵׁי הֶהָרִים:
in the tenth [month], etc., the mountain peaks appeared: This refers to Av, which is the tenth [month] from Marcheshvan, when the rain commenced. Now if you say that it refers to Elul, which is the tenth [month] from Kislev, when the rain stopped, just as you say: “in the seventh month,” refers to Sivan, which is the seventh [month] after the cessation [of the rain]; [I will tell you that] it is impossible to say this. You must admit [that] the seventh month can be counted only from the time that the rain stopped, because there did not end the forty days of the rains and the one hundred fifty days when the water gained strength, until the first of Sivan. And if you say that it refers to the seventh [month] from the [beginning of the] rain, it would not come out to be Sivan. The tenth [month] can be counted only from the time the rain commenced to fall, for if you say [that it is counted] from the time when the rain stopped, which is Elul, you would not understand (verse 13): “In the first [month], on the first [day] of the month, the waters dried up from upon the earth,” for at the end of the forty days, when the mountain peaks appeared, he sent forth the raven, and he waited twenty-one days with sending the dove, totalling sixty days from the time the mountain peaks appeared until the surface of the earth dried. and if you say that they appeared in Elul, it would mean that they dried up in Marcheshvan. Scripture, however, calls it the first [month] and that can refer only to Tishri, which is the first [month] from the creation of the world, and according to Rabbi Joshua, it is Nissan. בעשירי נראו ראשי ההרים: זה אב, שהוא עשירי למרחשון שהתחיל הגשם. ואם תאמר הוא אלול ועשירי לכסליו שפסק הגשם, כשם שאתה אומר בחדש השביעי סיון והוא שביעי להפסקה. אי אפשר לומר כן, על כרחך שביעי אי אתה מונה אלא להפסקה, שהרי לא כלו ארבעים יום של ירידת גשמים ומאה וחמשים של תגבורת המים עד אחד בסיון, ואם אתה אומר שביעי לירידה אין זה סיון והעשירי אי אפשר למנות אלא לירידה, שאם אתה אומר להפסקה והוא אלול, אי אתה מוצא בראשון באחד לחדש חרבו המים מעל הארץ, שהרי מקץ ארבעים משנראו ראשי ההרים שלח את העורב, ועשרים ואחד יום הוחיל בשליחות היונה, הרי ששים יום משנראו ראשי ההרים עד שחרבו פני האדמה, ואם תאמר באלול נראו, נמצא שחרבו במרחשון, והוא קורא אותו ראשון ואין זה אלא תשרי, שהוא ראשון לבריאת עולם, ולרבי יהושע הוא ניסן:
6And it came to pass at the end of forty days, that Noah opened the window of the ark that he had made. ווַיְהִי מִקֵּץ אַרְבָּעִים יוֹם וַיִּפְתַּח נֹחַ אֶת חַלּוֹן הַתֵּבָה אֲשֶׁר עָשָׂה:
at the end of forty days: since the mountain peaks appeared. מקץ ארבעים יום: משנראו ראשי ההרים:
the window of the ark that he had made: for light, and this is not the opening of the ark, which was made for going in and out. את חלון התיבה אשר עשה: לצהר, ולא זה פתח התיבה העשוי לביאה ויציאה:
7And he sent forth the raven, and it went out, back and forth until the waters dried up off the earth. זוַיְשַׁלַּח אֶת הָעֹרֵב וַיֵּצֵא יָצוֹא וָשׁוֹב עַד יְבשֶׁת הַמַּיִם מֵעַל הָאָרֶץ:
and it went out, back and forth: Going and encircling around the ark, but it did not go to fulfill its errand because it [the raven] suspected him [Noah] concerning its mate, as we find in the Aggadah of [chapter] “Chelek.” - [from Sanh. 108b] יצוא ושוב: הולך ומקיף סביבות התיבה ולא הלך בשליחותו שהיה חושדו על בת זוגו, כמו ששנינו באגדת חלק (סנהדרין קח ב):
until the waters dried up: The simple explanation is its apparent meaning, but the Midrash Aggadah (Gen. Rabbah 33:5) [explains that] the raven was destined for another errand during the lack of rain in the time of Elijah, as it is said (I Kings 17:6): “and the ravens brought him bread and meat.” עד יבשת המים: פשוטו כמשמעו. אבל מדרש אגדה מוכן היה העורב לשליחות אחרת בעצירת גשמים בימי אליהו, שנאמר (מלכים א' יז ו) והעורבים מביאים לו לחם ובשר:
8And he sent forth the dove from with him, to see whether the waters had abated from upon the surface of the earth. חוַיְשַׁלַּח אֶת הַיּוֹנָה מֵאִתּוֹ לִרְאוֹת הֲקַלּוּ הַמַּיִם מֵעַל פְּנֵי הָאֲדָמָה:
And he sent forth the dove: seven days later, for it is written: “And he waited again another seven days.” From this general statement you learn that the first time too he waited seven days. — [Gen. Rabbah 33:6] וישלח את היונה: לסוף שבעה ימים שהרי כתיב ויחל עוד שבעה ימים אחרים, מכלל זה אתה למד שאף בראשונה הוחיל שבעה ימים:
And he sent forth: Heb. וַיְשַׁלַּח. This is not an expression of sending on a mission, but an expression of sending away. He sent it forth to go on its way, and thereby he would see whether the waters had abated, for if it would find a resting place, it would not return to him. וישלח: אין זה לשון שליחות אלא לשון שלוח, שלחה ללכת לדרכה, ובזו יראה אם קלו המים שאם תמצא מנוח לא תשוב אליו:
9But the dove found no resting place for the sole of its foot; so it returned to him to the ark because there was water upon the entire surface of the earth; so he stretched forth his hand and took it, and he brought it to him to the ark. טוְלֹא מָצְאָה הַיּוֹנָה מָנוֹחַ לְכַף רַגְלָהּ וַתָּשָׁב אֵלָיו אֶל הַתֵּבָה כִּי מַיִם עַל פְּנֵי כָל הָאָרֶץ וַיִּשְׁלַח יָדוֹ וַיִּקָּחֶהָ וַיָּבֵא אֹתָהּ אֵלָיו אֶל הַתֵּבָה:
10And he waited again another seven days, and he again sent forth the dove from the ark. יוַיָּחֶל עוֹד שִׁבְעַת יָמִים אֲחֵרִים וַיֹּסֶף שַׁלַּח אֶת הַיּוֹנָה מִן הַתֵּבָה:
And he waited: Heb. וַיָּחֶל, an expression of waiting, and so (Job 29:21): “They listened to me and waited (וְיִחֵלּוּ),” and there are many such instances in Scripture. ויחל: לשון המתנה, וכן (איוב כט כא) לי שמעו ויחלו, והרבה יש במקרא:
11And the dove returned to him at eventide, and behold it had plucked an olive leaf in its mouth; so Noah knew that the water had abated from upon the earth. יאוַתָּבֹא אֵלָיו הַיּוֹנָה לְעֵת עֶרֶב וְהִנֵּה עֲלֵה זַיִת טָרָף בְּפִיהָ וַיֵּדַע נֹחַ כִּי קַלּוּ הַמַּיִם מֵעַל הָאָרֶץ:
it had plucked…in its mouth: Heb. טָרָף, lit. he had plucked. [Rashi interprets טָרָף as a verb in the masculine form. According to his reading, there would be an inconsistency in the verse: “He had plucked an olive leaf in her mouth,” because the subject (which is masculine) would not agree with the final prepositional phrase (which is feminine).] I say that it was a male. Therefore, Scripture sometimes refers to it in the masculine gender and sometimes in the feminine, because every יוֹנָה in Scripture is in the feminine gender, like (Song 5:12): “like doves beside rivulets of water, bathing (רֹחֲצוֹת)” ; (Ezek. 7:16): “like doves of the valleys, they all moan (הֹמוֹת)” ; and like (Hos. 7:11): “like a silly (פוֹתָה) dove.” טרף בפיה: אומר אני שזכר היה לכן קוראו פעמים לשון זכר ופעמים לשון נקבה, לפי שכל יונה שבמקרא לשון נקבה, כמו (שה"ש ה יב) כיונים על אפיקי מים רוחצות, (יחזקאל ז טז) כיוני הגאיות כולם הומות, וכמו (הושע ז יא) כיונה פותה:
it had plucked: Heb. טָרָף,“he plucked.” The Midrash Aggadah explains it טָרָף as an expression of food, and interprets בְּפִיהָ as an expression of speech. It [the dove] said: Let my food be as bitter as an olive in the hands of the Holy One, blessed be He, and not as sweet as honey in the hands of flesh and blood. — [Sanh. 108b] טרף: חטף, ומדרש אגדה לשון מזון, ודרשו בפיה, לשון מאמר, אמרה יהיו מזונותי מרורין כזית בידו של הקב"ה ולא מתוקין כדבש בידי בשר ודם:
12And he again waited another seven days, and he sent forth the dove, and it no longer continued to return to him. יבוַיִּיָּחֶל עוֹד שִׁבְעַת יָמִים אֲחֵרִים וַיְשַׁלַּח אֶת הַיּוֹנָה וְלֹא יָסְפָה שׁוּב אֵלָיו עוֹד:
And he…waited: Heb. וַיִּיָּחֶל. This has the same meaning as וַיָּחֶל, except that the latter is the וַיַּפְעֶל form (the קַל conjugation), and the former is in the וַיִּתְפָּעֵל form (the reflexive conjugation). וַיָּחֶל is equivalent to וַיַּמְתֵּן (and he waited); וַיִּיָּחֶל is equivalent to וַיִּתְמַתֵּן (and he was patient). וייחל: הוא לשון ויחל, אלא שזה לשון ויפעל וזה לשון ויתפעל. ויחל וימתין, וייחל ויתמתן:
13And it came to pass in the six hundredth and first year, in the first [month], on the first of the month, that the waters dried up from upon the earth, and Noah removed the covering of the ark, and he saw, and behold, the surface of the ground had dried up. יגוַיְהִי בְּאַחַת וְשֵׁשׁ מֵאוֹת שָׁנָה בָּרִאשׁוֹן בְּאֶחָד לַחֹדֶשׁ חָרְבוּ הַמַּיִם מֵעַל הָאָרֶץ וַיָּסַר נֹחַ אֶת מִכְסֵה הַתֵּבָה וַיַּרְא וְהִנֵּה חָרְבוּ פְּנֵי הָאֲדָמָה:
in the first [month]: According to Rabbi Eliezer, it is Tishri, and according to Rabbi Joshua, it is Nissan. — [from Rashi R.H. 12b] See above 7:11, 8:5. בראשון: לרבי אליעזר הוא תשרי, ולרבי יהושע הוא ניסן:
dried up: It [the earth] became a sort of clay, for its upper surface had formed a crust. — [Seder Olam ch. 4, Gen. Rabbah 33:7, according to Yalkut Shim’oni] חרבו: נעשה כמין טיט, שקרמו פניה של מעלה:
14And in the second month, on the twenty seventh day of the month, the earth was dry. ידוּבַחֹדֶשׁ הַשֵּׁנִי בְּשִׁבְעָה וְעֶשְׂרִים יוֹם לַחֹדֶשׁ יָבְשָׁה הָאָרֶץ:
on the twenty-seventh: And they [the rains] started to fall in the second month, on the seventeenth day of the month. These are the eleven days by which the solar year exceeds the lunar year, for the judgment of the Generation of the Flood was for a whole year. — [from Eduyoth 2:10] בשבעה ועשרים: וירידתן בחדש השני בי"ז, אלו אחד עשר ימים שהחמה יתירה על הלבנה, שמשפט דור המבול שנה תמימה היה:
the earth was dry: It became dry earth, as it should be. יבשה: נעשה גריד כהלכתה:
Daily Tehillim: Chapters 145 - 150
• Chapter 145
One who recites this psalm three times daily with absolute concentration is guaranteed a portion in the World to Come. Because of its prominence, this psalm was composed in alphabetical sequence.
1. A psalm of praise by David: I will exalt You, my God the King, and bless Your Name forever.
2. Every day I will bless You, and extol Your Name forever.
3. The Lord is great and exceedingly exalted; there is no limit to His greatness.
4. One generation to another will laud Your works, and tell of Your mighty acts.
5. I will speak of the splendor of Your glorious majesty and of Your wondrous deeds.
6. They will proclaim the might of Your awesome acts, and I will recount Your greatness.
7. They will express the remembrance of Your abounding goodness, and sing of Your righteousness.
8. The Lord is gracious and compassionate, slow to anger and of great kindness.
9. The Lord is good to all, and His mercies extend over all His works.
10. Lord, all Your works will give thanks to You, and Your pious ones will bless You.
11. They will declare the glory of Your kingdom, and tell of Your strength,
12. to make known to men His mighty acts, and the glorious majesty of His kingdom.
13. Your kingship is a kingship over all worlds, and Your dominion is throughout all generations.
14. The Lord supports all who fall, and straightens all who are bent.
15. The eyes of all look expectantly to You, and You give them their food at the proper time.
16. You open Your hand and satisfy the desire of every living thing.
17. The Lord is righteous in all His ways, and benevolent in all His deeds.
18. The Lord is close to all who call upon Him, to all who call upon Him in truth.
19. He fulfills the desire of those who fear Him, hears their cry and delivers them.
20. The Lord watches over all who love Him, and will destroy all the wicked.
21. My mouth will utter the praise of the Lord, and let all flesh bless His holy Name forever.
Chapter 146
This psalm inspires man to repent and perform good deeds while still alive. Let him not rely on mortals who are unable to help themselves, and who may suddenly pass on. Rather, one should put his trust in God, Who is capable of carrying out all He desires.
1. Praise the Lord! Praise the Lord, O my soul.
2. I will sing to the Lord with my soul; I will chant praises to my God while I yet exist.
3. Do not place your trust in nobles, nor in mortal man who has not the ability to bring deliverance.
4. When his spirit departs, he returns to his earth; on that very day, his plans come to naught.
5. Fortunate is he whose help is the God of Jacob, whose hope rests upon the Lord his God.
6. He makes the heavens, the earth, the sea, and all that is in them; He keeps His promise faithfully forever.
7. He renders justice to the oppressed; He gives food to the hungry; the Lord releases those who are bound.
8. The Lord opens the eyes of the blind; the Lord straightens those who are bowed; the Lord loves the righteous.
9. The Lord watches over the strangers; He gives strength to orphan and widow; He thwarts the way of the wicked.
10. The Lord shall reign forever, your God, O Zion, throughout all generations. Praise the Lord!
Chapter 147
This psalm recounts God's greatness, and His kindness and goodness to His creations.
1. Praise the Lord! Sing to our God for He is good; praise befits Him for He is pleasant.
2. The Lord is the rebuilder of Jerusalem; He will gather the banished of Israel.
3. He heals the broken-hearted, and bandages their wounds.
4. He counts the number of the stars; He gives a name to each of them.
5. Great is our Master and abounding in might; His understanding is beyond reckoning.
6. The Lord strengthens the humble; He casts the wicked to the ground.
7. Lift your voices to the Lord in gratitude; sing to our God with the harp.
8. He covers the heaven with clouds; He prepares rain for the earth, and makes grass grow upon the mountains.
9. He gives the animal its food, to the young ravens which cry to Him.
10. He does not desire [those who place their trust in] the strength of the horse, nor does He want those who rely upon the thighs [swiftness] of man.
11. He desires those who fear Him, those who long for His kindness.
12. Praise the Lord, O Jerusalem; Zion, extol your God.
13. For He has strengthened the bolts of your gates; He has blessed your children in your midst.
14. He has made peace within your borders; He satiates you with the finest of wheat.
15. He issues His command to the earth; swiftly does His word run.
16. He dispenses snow like fleece; He scatters frost like ashes.
17. He hurls His ice like morsels; who can withstand His cold?
18. He sends forth His word and melts them; He causes His wind to blow, and the waters flow.
19. He tells His words [Torah] to Jacob, His statutes and ordinances to Israel.
20. He has not done so for other nations, and they do not know [His] ordinances. Praise the Lord!
Chapter 148
The psalmist inspires one to praise God for His creations-above and below-all of which exist by God's might alone.
1. Praise the Lord! Praise the Lord from the heavens; praise Him in the celestial heights.
2. Praise Him, all His angels; praise Him, all His hosts.
3. Praise Him, sun and moon; praise Him, all the shining stars.
4. Praise Him, hea-ven of heavens, and the waters that are above the heavens.
5. Let them praise the Name of the Lord, for He comman-ded and they were created.
6. He has established them forever, for all time; He issued a decree, and it shall not be transgressed.
7. Praise the Lord from the earth, sea-monsters and all [that dwell in] the depths;
8. fire and hail, snow and vapor, stormy wind carrying out His command;
9. the mountains and all hills, fruit-bearing trees and all cedars;
10. the beasts and all cattle, creeping things and winged fowl;
11. kings of the earth and all nations, rulers and all judges of the land;
12. young men as well as maidens, elders with young lads.
13. Let them praise the Name of the Lord, for His Name is sublime, to Himself; its radiance [alone] is upon earth and heaven.
14. He shall raise the glory of His people, [increase] the praise of all His pious ones, the Children of Israel, the people close to Him. Praise the Lord!
Chapter 149
1. Praise the Lord! Sing to the Lord a new song, [recount] His praise in the assembly of the pious.
2. Israel will rejoice in its Maker; the children of Zion will delight in their King.
3. They will praise His Name with dancing; they will sing to Him with the drum and harp.
4. For the Lord desires His people; He will adorn the humble with salvation.
5. The pious will exult in glory; they will sing upon their beds.
6. The exaltation of God is in their throat, and a double-edged sword in their hand,
7. to bring retribution upon the nations, punishment upon the peoples;
8. to bind their kings with chains, and their nobles with iron fetters;
9. to execute upon them the prescribed judgment; it shall be a glory for all His pious ones. Praise the Lord!
Chapter 150
This psalm contains thirteen praises, alluding to the Thirteen Attributes (of Mercy) with which God conducts the world.
1. Praise the Lord! Praise God in His holiness; praise Him in the firmament of His strength.
2. Praise Him for His mighty acts; praise Him according to His abundant greatness.
3. Praise Him with the call of the shofar; praise Him with harp and lyre.
4. Praise Him with timbrel and dance; praise Him with stringed instruments and flute.
5. Praise Him with resounding cymbals; praise Him with clanging cymbals.
6. Let every soul praise the Lord. Praise the Lord!
• English textTanya: Iggeret HaKodesh, middle of Epistle 25
• English Text
• Lessons in Tanya
• Tuesday, Tishrei 30, 5776 · October 13, 2015
Rambam:
• Sefer Hamitzvos:
English Text
• Tuesday, Tishrei 30, 5776 · October 13, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 25
והנה נפש האדם, ידוע לכל שהיא כלולה מיו״ד ספירות: חכמה, בינה, דעת וכו׳
Now, it is known to all that the soul of man — the soul of the Jew — is compounded of the Ten Sefirot: Chochmah, Binah, Daat, and so on, as explained in Tanya, ch. 3.
ואף שכולן מרוח פיו יתברך, כדכתיב: ויפח באפיו כו׳
Though these [corresponding faculties of the soul] all derive from the breath of [G‑d’s] mouth, as it is written,1 “And He blew into his nostrils [the soul of life],”
The term “He blew” indicates that the divine soul derives from the innermost spirit and vitality of its Creator, as explained in Tanya, ch. 2, and Shaar HaYichud VehaEmunah, ch. 5.
מכל מקום
nevertheless, each of these ten faculties of the soul is particularly connected with one of the ten Supernal Sefirot, as follows:
דרך פרט, חב״ד שבנפשו הן דוגמא לחב״ד שביו״ד ספירות
more specifically, the ChaBaD in one’s soul, one’s intellective faculties of Chochmah, Binah and Daat, are analogous to the [Divine intellective emanations of] ChaBaD in the Ten Sefirot.
המכונות בשם אבא ואמא
These are referred to as Abba and Imma.
In the Zohar, [the Sefirah of] Chochmah of [the World of] Atzilut is termed Abba (“father”), and [the Sefirah of] Binah of [the World of] Atzilut is termed Imma (“mother”), while [the Sefirah of] Daat is a combination of the two, as explained in the teachings of Chassidut.
ומדות אהבה ויראה וכו׳ שבנפשו, הן דוגמא למדות שביו״ד ספירות, הנקראות בשם זעיר אנפין
The [emotive] attributes in one’s soul of [the] love and fear [of G‑d], and so on, are analogous to the [first six] middot (or Divine emotive attributes) in the Ten Sefirot, which are [collectively] known as Z’eir Anpin (lit., “the Minor Visage”).
וכח הדבור שבנפשו, דוגמא לדבור העליון, הנקרא בשם מלכות ושכינה
And the faculty of speech in one’s soul is analogous to the Supernal Speech, which is known as [theSefirah of] Malchut, or the Shechinah.
ולכן, כשמדבר דברי תורה, מעורר דבור העליון, ליחד השכינה
Hence, since a Jew’s speech is analogous to Supernal Speech, the Shechinah, when speaking words of Torah one arouses the Supernal Speech, the Sefirah of Malchut, thereby unifying the Shechinah, i.e., linking it to the preceding stages of emanation.
ומשום הכי קיימא לן, בקריאת שמע וברכת המזון ודברי תורה, דלא יצא בהרהור, בלא דבור
That is why it is established2 that for the Reading of Shema, for the Grace after Meals, and for [the study of] words of Torah, one has not discharged his duty by meditation without speech.
* * *
| FOOTNOTES | |
| 1. | Bereishit 2:7. |
| 2. | See the Alter Rebbe’s Shulchan Aruch 62:3 and 185:3; and his Hilchot Talmud Torah 2:12. |
• Sefer Hamitzvos:
English Text
| Today's Mitzvah Tishrei 30, 5776 · October 13, 2015 A daily digest of Maimonides’ classic work "Sefer Hamitzvot" Positive Commandment 198 Taking Interest from a Gentile "Take interest from the gentile"—Deuteronomy 23:21. When issuing a loan to a non-Jew, we are commanded to charge interest. [This commandment only applies to a non-Jew who has not accepted upon himself the Seven Noahide Laws.] The Sages enacted various restrictions to this mitzvah [such as forbidding the charging of outright interest]. Full text of this Mitzvah » | Taking Interest from a Gentile | Positive Commandment 198 | Translated by Berel Bell | The 198th mitzvah is that we are commanded1 to charge interest to a non-Jew and only then lend him money, in order that we not assist him nor give him rest. Rather we should cause him [financial] loss, even with the kind of interest that we are forbidden from taking from a Jew. | The source of this commandment is G‑d's statement2 (exalted be He), "You shall take interest from a non-Jew." The Oral Tradition explains that this does not only give permission, but is a command, as stated in the Sifri: "The phrase 'You shall take interest from a non-Jew' constitutes a positive commandment. The phrase 'You shall not take interest from your brother' constitutes a prohibition." | This commandment also has rabbinically ordained conditions, as explained in tractate Bava Metzia.3 | FOOTNOTES | 1. | See Kapach, 5731, footnote 14 regarding all the authorities who say that this is not a commandment. See also Likkutei Sichos, Vol. 12, p. 115ff. | 2. | Deut. 23:21. | 3. | See 70b: "R. Chiya the son of R. Huna said, 'You are only allowed to take the minimum necessary to survive.' " See Kapach, 5731, footnote 16. |
• Shechitah - Chapter 5
Halacha 1
We have already explained in Hilchot Ma'achalot Assurot1that the term trefeemployed by the Torah refers to an animal that is on the verge of death. The term trefe - which literally means "torn apart" - was employed only because the Torah speaks with regard to prevalent situations, e.g., a lion or the like attacked it and wounded it, but it had not died yet.
Halacha 2
There are other maladies which if they affect an animal will cause it to be considered trefe. They were transmitted as a halachah to Moses at Sinai. [In particular,] eight [conditions that cause an animal to be considered as] trefewere transmitted to Moses at Sinai.2 They are derusah, nekuvah, chaseirah, netulah, pesukah, keru'ah, nefulah, and sheburah.3
Halacha 3
Although they were all transmitted as halachot to Moses at Sinai,4since onlyderusah is explicitly mentioned in the Torah,5 [our Sages] ruled more stringently with regard to it. Any questionable situation that arises with regard to derisah[causes the animal] to be forbidden. There are, by contrast, questionable situations that may arise with regard to the seven other conditions [that render an animal] trefe in which [the animal] is permitted as will be explained.6
Halacha 4
Derusah refers to a situation where a lion or the like will attack an animal and assault it with its paw or a hawk, an eagle, or the like will assault a fowl.7 [The laws of] derisah apply with regard to a large domesticated animal8 or a large wild beast only when it is attacked by a lion.9 [The laws of derisah apply with regard to] a small domesticated animal10 or a small wild beast only when it is attacked by a wolf or a larger animal. [The laws of] derisah apply with regard to kids and lambs even when attacked by cats, foxes, martens,11 and the like. Needless to say, this applies with regard to fowl.12
Halacha 5
Halacha 6
[The laws of] derisah apply [when] a weasel attacks a fowl. [The laws of]derisah do not apply at all when a dog attacks, not when it attacks a fowl, an animal, or a beast. [The laws of] derisah apply [when] an hawk attacks kids or lambs should its claws penetrate to [the animal's] inner cavity.15
Halacha 7
[The laws of] derisah apply only [when] the attacking animal [strikes its victim] with its forelegs. If it strikes it with its hindlegs,16 we show no concern.17[Similarly, the laws of] derisah apply only [when the attacking animal strikes its victim] with its claw. If it bites it, we show no concern unless it penetrates to its internal cavity.18 We then check if it perforated one of the organs [that cause an animal to be considered trefe if] even the tiniest perforation was made.
[The laws of] derisah apply only [when] the attacking animal has that intent. If, however, the beast of prey fell and its claws became lodged in the other animal, [the laws of] derisah do not apply.19 [Similarly, the laws of] derisah apply only [when the attacking animal] is alive. If, however, it attacked and was killed, but its claws remained lodged in the victim and were not removed until after [the attacker's] death, we are not concerned.20
Halacha 8
What are the laws applying to an animal that was attacked? Whenever we stated that "we show concern," the attacked animal should be slaughtered and its entire internal cavity - from its feet to its forehead - must be checked. If it is found to be flawless with regard to all the factors [that render an animal] trefeand there is no sign that it was attacked,21 it is permitted.22 If there is a sign that it was attacked, it is trefe and forbidden by Scriptural Law.
Halacha 9
Halacha 10
Halacha 11
When there is a question whether [an animal] has been attacked or not, we do not permit it unless it is checked as one would [an animal] that had definitely been attacked.27
What is implied? When a lion enters among oxen and a claw was found in the back of one of them,28 we suspect that the lion attacked it. We do not rationalize and say: "Maybe it scratched itself on a wall."29
Similarly, if a fox or a marten enter among fowls, [the predator] is silent and they crowing, we fear that he attacked.30 If, however, the predator is roaring and they are crowing, [we assume that] they are crowing out of fear of him and his roaring. Similarly, if he cuts off the head of one of them,31 we assume his fury has subsided. Similarly, if both [the predator] and [the fowl] are silent, we do not suspect [anything]. For if he had harmed them, they would crow.32
Halacha 12
When there is a question of whether or not a predator entered [a place where animals are kept] or we saw [an animal] enter [such a place], but were unable to see if it is one of the predators or not, we do not harbor suspicions.33
Similarly, if a fowl entered a woods or reeds and came out with its head or neck dripping blood, we do not suspect that it was attacked. Instead, we say: "Perhaps it was wounded among the trees."34
| FOOTNOTES | |
| 1. |
Hilchot Ma'achalot Assurot 4:8-9.
|
| 2. |
All the 70 conditions the Rambam mentions in Chapter 10 are included in these eight general categories.
|
| 3. |
These terms are defined in this and the following chapters.
|
| 4. |
And thus all are judged with the severity appropriate for questions of Scriptural Law.
|
| 5. |
Exodus 22:30 speaks of "meat torn apart in the field."
|
| 6. |
The Beit Yosef (Yoreh De'ah 29) questions the Rambam's statements, for since these other conditions are considered questions of Scriptural Law, whenever a doubt arises, we rule stringently. The Turei Zahav 29:1 explains that the severity involving derisah concerns a sefek seifkah, a condition of multiple doubt. See also the gloss of the Maggid Mishneh which offers several resolutions to this question.
|
| 7. |
As will be explained in the following halachot, the laws of derisah do not concern only the wounds to the victim's organs that the attacking animal causes. Instead, the concern is that even a superficial wound can cause the victim to die, because there is poison in the attacker's claws that will affect the victim. (Exactly, what that means in contemporary terms is difficult to understand. Some have suggested that the attacker's claws are infected with bacteria which could be considered comparable to poison. That explanation, however, cannot be easily resolved with some of the points in the subsequent halachot.)
The intent of this and the following halachah is that "the poison" of certain animals or fowl is effective in harming some and not in harming others.
|
| 8. |
An ox.
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| 9. |
If, however, it is attacked by smaller animals of prey, even a tiger, we assume that its strength will enable it to defend itself (Kessef Mishneh). The Rama (Yoreh De'ah 57:1) follows a more stringent opinion which rules that the laws of derisah apply when any predator larger than a wolf attacks a large animal.
|
| 10. |
A sheep or a goat.
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| 11. |
We have quoted the definition of this term given by Rashi. In his Commentary to the Mishnah (Bava Batra 2:5), the Rambam defines the term in Arabic as alnamas, a small predator.
|
| 12. |
See Shulchan Aruch (Yoreh De'ah 57:5) which discusses the question whether leniency can be granted when a cat enters a chicken coop.
|
| 13. |
For it can harm fowl larger than itself.
The Shulchan Aruch (Yoreh De'ah 57:3) qualifies this matter, saying that these laws do not apply when a hawk attacks a chicken. The Tur and the Rama, however, state that this applies only to large chickens, but not to smaller ones.
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| 14. |
Here also, the Tur and the Rama (loc. cit.) add a further point, stating that the laws of derisahapply with regard to a falcon regardless of the size of the bird it attacks.
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| 15. |
Compare to the following halachah. The Kessef Mishneh explains that in this halachah, the Rambam is not concerned with the question of whether the attacker perforated one of the organs whose perforation disqualifies an animal. For if so, it would not have been necessary for the Rambam to mention derisah. If such an organ was perforated, even a large animal is disqualified. Instead, the intent is whether the "poison" of the attacker is sufficient to kill the victim.
|
| 16. |
This refers to a beast. The laws of derisah apply, by contrast, when a fowl attacks with its feet (Turei Zahav 57:10; Siftei Cohen 57:19).
|
| 17. |
Needless to say, if it delivers a mortal wound with its hindlegs, the victim is disqualified. Here, however, we are speaking about "poisoning" an animal through derisah and that applies only when it attacks with its foreleg and with its claws [Shulchan Aruch (Yoreh De'ah 57:6)].
|
| 18. |
With regard to this and wounding with its legs, the Shulchan Aruch (loc. cit.) states, "they are no different than a thorn," i.e., there is no question of "poison."
|
| 19. |
For then it will not release its poison.
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| 20. |
For it releases its "poison" only when it withdraws its claws and only when it is alive.
For this same reason, if ritual slaughter is performed on the animal that is being attacked before the attacking animal removes its claws, the slaughtered animal is permitted [Shulchan Aruch(Yoreh De'ah 57:8)].
|
| 21. |
As explained in the following halachah.
|
| 22. |
The Shulchan Aruch (Yoreh De'ah 57:18) mentions a difference of opinion among the Rabbis if such an examination can be relied upon in the present age. The Rama rules that we should be stringent, not rely on the examination, and hence, declare any animal that was attacked - or there is a question whether it was attacked - forbidden.
|
| 23. |
In his Kessef Mishneh, Rav Yosef Caro explains that the fact that the flesh turns red indicates that the poison from the predator has penetrated the animal's flesh and will ultimately, cause the intestines to be perforated. The Kessef Mishneh questions, however, why the Rambam mentions only the intestines. Since - as mentioned in the previous halachah - it is necessary to inspect the entire body, seemingly (and indeed, the Tur rules accordingly), the same laws would apply if red marks were found on the flesh above any organ whose perforation can disqualify the animal. He explains that perhaps this is indeed the Rambam's intent and he mentions the intestines only because there are many disqualifying factors involved with them. Nevertheless, in his Shulchan Aruch (Yoreh De'ah 57:16), he quotes the Rambam's wording without emendation. The Siftei Cohen 57:38) quotes the Tur's ruling.
|
| 24. |
Here also we assume that the poison will ultimately cause the organ below the flesh to become perforated (Kessef Mishneh).
|
| 25. |
Here too the rationale is that once the poison has begun to have an effect, it will ultimately penetrate through and perforate the entire organ. There is, however, a difference between the signs and the other organs. With regard to the other organs, as soon as the flesh above the organ is affected, the animal is considered trefe. With regard to the signs, they themselves must be affected. It is possible to explain that the signs are tougher and more resilient than the other organs. Hence, the fact that the flesh above them is affected is no proof that they will also be affected (Kessef Mishneh).
|
| 26. |
This applies even when a small portion of the windpipe becomes red. Although a perforation in the windpipe does not disqualify it unless it is the size of the majority of its cavity (Chapter 3, Halachah 23), we assume that the poison of the predator will ultimately cause such a perforation (Siftei Cohen 57:40).
|
| 27. |
As mentioned in Halachah 8. As stated in the notes to that halachah, there are authorities - and this is the custom cited by the Rama - it is customary in the present era not to rely on this examination and to regard any animal that was attacked - or even if there is a doubt whether it was attacked - as trefe.
|
| 28. |
An animal does not release its poison until the claw is removed (Halachah 7), and is this instance, it is implanted in the animal. We, nevertheless, disqualify it, for in this instance, we say that the animal released its poison when it lost its claw (Turei Zahav 57:21). Alternatively, we fear that it was also attacked with another claw and that claw was removed (Rambam LeAm).
|
| 29. |
And the claw which had been implanted in the wall became stuck in it. The Shulchan Aruch (Yoreh De'ah 57:14) emphasizes that this ruling is followed even if the claw is dried out (and thus is unlikely to have come from an animal recently).
|
| 30. |
And that is why they are clamoring.
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| 31. |
The Rama 57:9 states that this applies when we do not see that he attacked others. If, however, we see that he attacked others, we do not assume that his rage subsided.
|
| 32. |
The Shulchan Aruch (Yoreh De'ah 57:11) states that this applies only when we see that he did not attack any animals. If, however, we saw an attack, the fact that he and the victims were silent is not significant.
|
| 33. |
For there is a multiple doubt involved. Perhaps the predator entered and perhaps it did not. Even if it entered, perhaps it wounded the animal and perhaps it did not (see Chullin 53b).
|
| 34. |
I.e., it scratched itself and caused itself a wound. We must, however, check to see that the gullet was not perforated (Radbaz). The Rama (Yoreh De'ah 57:13) states in the present age we do not rely on our inspection and therefore forbid any fowl that comes to us with a neck that is bleeding.
|
• Malveh veLoveh - Chapter 25
Halacha 1
The following law applies when a person gives a loan to a colleague and afterwards, a third party says: "I will act as a guarantor," the lender sues the borrower and a third party says: "Let him go. I will act as a guarantor, or the lender was strangling the borrower in the market place and a third party says: "Let him go. I will act as a guarantor." The guarantor is not obligated at all. Even if the prospective guarantor says in the presence of a court: "I will guarantee the money," he is not liable.
If, however, he formalizes his commitment to guarantee the money with akinyan, he becomes obligated in all the above situations. This applies whether the kinyan was made in the presence of the court, or together with the lender alone.
Halacha 2
If, however, the guarantor told the lender when the money was being given: "Lend him, and I will be the guarantor," he becomes responsible. In such a situation, a kinyan is not necessary.
Similarly, if a court appointed him a guarantor, he becomes liable even though he did not affirm his commitment with a kinyan. For example, the court desired to expropriate property from the borrower, and this person told them: "Let him be. I will guarantee the debt for you." Since he receives satisfaction from being trusted by the court, he accepts a binding commitment upon himself.
Halacha 3
When a person lends money to a colleague because of the commitment of a guarantor, although though the guarantor becomes responsible to the lender, the lender should not demand payment from the guarantor first. Instead, he should demand payment from the borrower first. If he does not pay him, he should return to the guarantor and collect payment from him. When does the above apply? When the borrower does not own property. If, however, the borrower does own property. He should not collect the debt from the guarantor at all. Instead, he should collect from the borrower."
If, however, the borrower is a man of force, and the court cannot expropriate money from him, or he refuses to come to the court, the lender may collect payment from the guarantor first. Afterwards, the guarantor will make a reckoning with the borrower. If the guarantor can extract payment from him, he should. If that is not possible, the court should place the borrower under a ban of ostracism until he repays the guarantor.
Halacha 4
Although the lender makes a stipulation with the guarantor and tells him: "I am giving the loan on the condition that I can collect the debt from whomever I desire," if the borrower possesses property, he should not collect the debt from the guarantor.
If he stipulated, "I am giving the loan on the condition that I can collect the debt from whomever I desire first," or the guarantor was a kablan, the lender may demand payment from this guarantor or this kablan first. He may collect payment from them although the borrower possesses property.
Halacha 5
Who is considered to be an ordinary guarantor and who is considered to be akablan] If a person says: "Give him the loan and I will give you," he is considered to be a kablan. The lender has the option of seeking repayment from him, even though he did not explicitly stipulate: "On the condition that I can collect the debt from whomever I desire first."
If, however, he tells him: "Lend him and I will act as a guarantor," "Lend him and I will pay," "Lend him and I am obligated," "Lend him and I will give," "Lend him and I will act as a kablan" "Give him and I will act as a kablan" "Give him and I will pay," "Give him and I am obligated," or "Give him and I will serve as a guarantor" - all of these are statements that cause him to be considered a guarantor. The lender may not demand payment from him first. Nor may he collect payment from him in a situation where the lender possesses property unless he stipulates: "On the condition that I can collect... from whomever I desire first"
Halacha 6
When a person guarantees a woman's ketubah he is not obligated to pay, even if he affirmed his commitment with a kinyan. The rationale is that he performed a mitzvah and did not cause her a financial loss. If a father guarantees his son'sketubah and affirms his commitment with a kinyan, the obligation is established. A person who becomes a kablan for a ketubah is liable.
Halacha 7
The following rules apply when Reuven sells Shimon a field and Levi accepts financial responsibility for it. Levi is not considered responsible, for this is anasmachta. If he affirmed with a kinyan his commitment to pay the money involved in this sale whenever demanded to do so by Shimon, he is obligated to do so. My masters ruled in this manner.
Halacha 8
Similarly, if a guarantor or a kablan make a conditional commitment, they do not become obligated even if the commitment is affirmed by a kinyan. The rationale is that this is an asmachta.
What is implied? For example, the guarantor told him: "Give him the loan and I will give you if this-and-this will take place," or "... if it will not take place." The rationale is that whenever a person undertakes an obligation for which he is personally not liable and makes it dependent on a condition: "if this takes place," or "if this does not take place," he never makes a wholehearted commitment or kinyan. Therefore, he does not become liable.
Halacha 9
When two people take out loans from the same person and record their debts in the same promissory note or together purchase a single article, they are considered as having guaranteed the other person's commitment even though they do not explicitly agree to do so. The same law applies when one of a group of partners undertakes a loan or makes a purchase for the partnership.
Halacha 10
When two people both commit themselves to guarantee a debt taken on by one person, when the lender comes to collect payment from the guarantor, he may collect from either one of them, as he desires. If, however, one of them does not possess the entire amount of the debt, the lender may demand payment of the remainder from the other guarantor.
Halacha 11
If one person guarantees the debts of two different individuals, when a lender comes to collect payment he should tell the guarantor which of the two debts he is paying so that the guarantor will be able to seek reimbursement from the debtor.
Halacha 12
When a person tells a colleague: "Guarantee a debt for so-and-so for this-and-this amount and I will guarantee the sum to you," it is as if he tells him: "Lendhim the money and I will guarantee the debt." Just as the guarantor becomes obligated to the lender, the second guarantor becomes obligated to the first guarantor. The same laws that govern the relationship between the guarantor and the lender govern the relationship between the first guarantor and the second guarantor.
Halacha 13
The following opinions were stated with regard to a person who did not limit the extent of the commitment he made to serve as a guarantor. For example, he told the lender: "Give him whatever you give him, I will guarantee it," "Sell to him, and I will guarantee it," or "Lend him, and I will guarantee it."
There are Geonim who rule that even if the other person sells 10,000 zuz worth of merchandise or lends 100,000 zuz to the person named, the guarantor becomes responsible for the entire amount. It appears to me, by contrast, that the guarantor is not liable at all. Since he does not know for what he undertook the liability, he did not make a serious commitment and did not obligate himself. These are words of reason that a person of understanding will appreciate.
Halacha 14
When a person tells a colleague: "Lend him. I will guarantee the borrower's physical person," he did not make a commitment with regard to the money itself. What he meant was: Whenever you want, I will bring him to you.
Similar principles apply when, after the lender makes the loan and demands payment, a person says: "Let him go. Whenever you lodge a claim against him, I will bring him to you." If he affirms his commitment with a kinyan, there areGeonim who rule that if the guarantor does not bring the borrower to the court, the guarantor is obligated to pay. There are, however, others who rule that even if he made a stipulation saying: "If I do not bring him, or if he dies or he flees, I will be obligated to pay," the guarantor does not become liable, for this is an asmachta. I favor this understanding.
Malveh veLoveh - Chapter 26
Halacha 1
The following law applies when a person gives a loan to a colleague that is supported by a promissory note. After the witnesses signed the promissory note, the guarantor came and made a guarantee for the borrower's debt. Although his commitment was affirmed with a kinyan and thus he become obligated to pay, as explained, when the lender comes to expropriate payment from the property of this guarantor, he may not expropriate property that has already been sold.
Different rules apply if the witness was mentioned in the promissory note itself before the signature of the witnesses. If they wrote: "So-and-so is the guarantor," the lender may not expropriate property that has already been sold, because the guarantor's name is not associated together with that of the borrower with regard to the loan. If, however, the promissory note states: "So-and-so borrowed such-and-such an amount from so-and-so and so-and-so guaranteed the loan, the guarantor affirmed his commitment with a kinyan, and then the witnesses signed the promissory note," the lender may expropriate property that has already been sold. The rationale is that the guarantor's name is associated together with that of the borrower in the promissory note.
Halacha 2
When a lender demands payment from the borrower and discovers that he does not have property, he may not expropriate payment from the guarantor until 30 days after the guarantor became obligated to pay. The legal power of the guarantor should not be less than that of the borrower himself. The halachic authorities ruled in this manner. If, however, the lender made a stipulation with the guarantor about this matter, that stipulation is followed."
Halacha 3
When a lender comes to demand payment from a borrower, the borrower cannot turn away the lender, telling him: "Go to the kablan, because you have the right to demand payment from him first." Instead, the lender may demand payment from anyone he desires first. If, however, the kablan took the money from the lender and gave it to the borrower, the lender has nothing to do with the borrower. If the borrower was in another country and the lender cannot notify him -or the borrower died and left heirs below the age of majority, whose property the court cannot attach - the lender may demand payment from the guarantor first, because the borrower is not at hand.
Halacha 4
When a lender demands payment from the borrower and discovers that he has become impoverished, he may not demand payment from the guarantor until the borrower takes an oath that he is bankrupt, as ordained by the later sages. The rationale is that we fear that the borrower and the lender might be trying to obtain the guarantor's property through deception.
Halacha 5
The following law applies when a person has guaranteed a colleague with regard to a loan supported by a verbal commitment alone, the lender comes to demand payment from the guarantor, and the borrower is overseas. The guarantor may tell the lender: "Bring proof that the borrower did not repay you and I will pay you."
Halacha 6
When a guarantor takes the initiative and pays the debt to the creditor, he may come back and collect from the borrower everything that he paid on his account, even though the loan was supported by a verbal commitment alone or was not observed by witnesses.
When does the above apply? When, at the time the guarantor made his commitment, the borrower told him: "Become my guarantor and pay." When, however, he acted independently and became a guarantor or a kablan, or the borrower told him: "Guarantee the debt for me," but did not give him the authority to pay the debt, if he pays the debt, the borrower is not obligated to pay him anything. Similarly, if a person pays a promissory note of a colleague without that colleague's knowledge, even if it is a debt for which security was taken, the borrower is not obligated to pay him anything. Instead, he may take his security without paying anything; the other person forfeits his money. The rationale is that perhaps the borrower would have been able to appease the lender and have him waive the debt.
The following rules apply when the borrower dies, and the guarantor takes the initiative and pays the debt before he notifies the heirs. If it is known to us that the borrower did not pay the promissory note before he died - e.g., he admitted the debt on his deathbed, he was placed under a band of ostracism for failing to pay, and he died under that ban, or the due date of the loan did not arrive - he may collect from the heirs everything that he paid.
When the lender was a gentile, the heirs are not obligated to pay the guarantor. The rationale is that their parent might have given the guarantor the entire debt for which he was responsible. For a gentile demands payment from the guarantor first; for this reason the guarantor paid the gentile voluntarily before he notified the orphans. If, however, he notifies them that the gentile is demanding payment from him and that he is paying, the heirs are obligated to pay.
Halacha 7
Whenever a guarantor comes to collect what he paid - whether he comes to collect from the borrower's heirs or from the borrower himself - he must bring proof that he paid the debt. The guarantor's possession of the promissory note is not considered proof. For perhaps the promissory note fell from the lender's hand, and the guarantor did not pay him at all.
Halacha 8
In all the claims to be mentioned, and in all similar situations, we follow the principle: When a person who seeks to expropriate property from a colleague, the burden of proof is upon him:
a) a person tells a colleague, "You agreed to serve as a guarantor for me," and the alleged guarantor denies accepting the obligation ;
b) the guarantor tells the borrower: "You gave me the license to act as a guarantor for you and to pay," and the borrower tells him: "You acted as a guarantor on your own initiative," or "You were not a guarantor at all";
c) the guarantor said: "I paid the debt in your presence," and the borrower said: "You did not"; or he told him: "I have already given you what you paid"; or
d) the lender told the guarantor: "You guaranteed 200," and the guarantor said: "I guaranteed only a maneh."
Alternatively, the defendant should take a sh'vuat hessefi or a Scriptural oath if he agreed to a portion of the claim, as is the law with regard to all financial claims.
Halacha 9
The following principles apply when a servant or a married woman borrows money or guarantees the debts of others and is obligated to pay: When the servant is freed and the woman is divorced or widowed, they must pay.
Halacha 10
If a minor borrows, he is obligated to pay when he attains majority. We do not, however, write a promissory note against him. Instead, even though it was affirmed with a kinyan, the loan has the status of a loan supported by a verbal commitment alone. The rationale is that a kinyan undertaken by a minor is of no substance.
Halacha 11
In a situation where a minor guaranteed others, the Geonim ruled that he is not liable to pay even after he attains majority. The person who lent his money because of a minor's word forfeits it. The rationale is that a minor does not have the intellectual responsibility to obligate himself in a matter in which he is not liable - not through becoming a guarantor, nor through other similar means. This is a ruling of truth and it is fitting to rule in this manner.
Halacha 12
When a woman takes a loan that is supported by a promissory note or undertakes a commitment as a guarantor of a promissory note and then marries, she is obligated to pay even after she marries. If, however, it is a loan supported by a verbal commitment alone, it should not be repaid until she becomes divorced or widowed. The rationale is that her husband's authority is that of a purchaser, as we have explained in several sources. If, however, the money that was given as a loan is in her possession, it should be returned to the borrower.
Malveh veLoveh - Chapter 27
Halacha 1
No matter which language and which characters a legal document is written in, if it is written according to the regulations for legal documents that prevail among the Jewish people, i.e., it cannot be forged, nor is it possible to add to or detract from the content of the document, and its witnesses are Jews and they know how to read it, it is acceptable and may be used to expropriate property that has been sold.
All documents that are signed by gentiles, by contrast, are not acceptable except for deeds of sale and promissory notes. For the latter to be acceptable, the principal must count the money in their presence and they must write on the legal document: "In our presence, so-and-so counted out for so-and-so the money for the sale," or "... the money for the debt." This applies provided that they were prepared by their legal authorities. If, however, the documents were prepared in their courts without being authorized by their judges, they are of no value. Similarly, Jewish witnesses must testify that the gentile witnesses who signed the document and the judge who authorized their signatures are not known to accept bribes. If legal documents composed by gentiles lack any of these qualifications, they are considered shards. Similarly, legal documents acknowledging an obligation, deeds recording presents, compromises, and waivers of obligations are considered shards even if they are composed with all the above qualifications.
My masters ruled that even promissory notes composed by them that state that the money was given in their presence are unacceptable. They accepted only deeds of sale when the money was given in their presence. 1 do not accept this ruling.
If the Jewish judges do not know how to read a legal document prepared by gentile authorities, they should give it to two gentiles, each one outside the presence of the other, and have them read. Thus, each one of them is reading as is his ordinary practice. The document may be used to expropriate property that has not been sold. It may not, however, be used to expropriate property that has been sold, because it does not become public knowledge. For the purchasers will not know of legal processes carried out by gentiles.
Halacha 2
When a promissory note that was signed by gentile witnesses was given by the borrower to the lender or by the seller to the purchaser in the presence of two Jewish witnesses, it is acceptable and may be used to expropriate property that was not sold, even though it was not authenticated by the gentile legal authorities and was not prepared according to all the stipulations mentioned above. The above applies provided that the witnesses in whose presence the legal document was transferred were able to read it, they read it when it was transferred, and it was prepared according to the regulations for legal documents that prevail among the Jewish people, i.e., that it be composed in a manner that it cannot be forged, nor is it possible to add to or detract from the content of the document.
Why is it not acceptable to be used to expropriate property that has already been sold? Because it is not a matter of public knowledge.
Halacha 3
The following regulations prevail for legal documents among the Jewish people: All legal documents must repeat the content of the legal document in the last line, because we do not take into consideration what was written in that line. The rationale is that we suspect the witnesses signed a line away from the body of the document and this falsifier came and wrote in the empty space of this line.
Halacha 4
When the witnesses signed two lines or more from the conclusion of the writing, the document is not acceptable. If they leave less open space than this, it is acceptable.
The two lines mentioned refer to lines according to the handwriting of the witnesses and not according to the handwriting of the scribe. The rationale is that any person who forges will try to imitate the handwriting of the witnesses and not that of the scribe. The space of the two lines includes the lines and the space in between them, i.e., the space necessary to write a lamed above a finalchaf.
If there was a space of more than two lines between the signature of the witnesses and the text of the documents, and they filled the space between the text and the signatures with the signatures of unacceptable witnesses and relatives, it is acceptable. For in this manner, it cannot be forged.
If the space was filled with lines of ink, it is unacceptable. For perhaps the witnesses signed for the lines of ink and not for the body of the document. If the document and the signatures of the witnesses were on one line, it is acceptable.
Halacha 5
If the legal document was written on one line, and the witnesses signed on another line, it is unacceptable. We fear that possibly the witnesses had signed one line away from an acceptable legal document, and afterwards the person cut away that entire legal document and wrote the present document on that line. Thus, these witnesses were signed upon it.
A similar suspicion can arise when the document and the signatures of two witnesses were written on one line, two other witnesses were signed on a second line, and the maker of the legal document says: "I intended to increase the number of witnesses."
We do not verify the authenticity of the document based on the signature of the witnesses below, in the second line, but rather on the signatures of those above. We fear that possibly there had been another document written originally, it was cut off, and the present document and the signatures of the two witnesses were written on the line between it and the witnesses who signed below.
Halacha 6
The validation of the authenticity of the signatures of the witnesses by the court should be positioned next to their signatures, next to one of the sides of the legal document, or on its back, opposite the text. If there was a space of more than one line between the statement of validation and the legal document, it is invalid. We fear that someone might cut off the document that was validated and forge a new document and the signature of two witnesses on that one line. Thus, the validation would be on a forged document.
Halacha 7
If the court wrote the validation more than two lines from the legal document and filled the entire empty space with lines of ink, the validation is acceptable, for there is no possibility of a forgery. ' And we do not suspect that the court would sign a validation of mere lines, but rather of the legal document itself.
Halacha 8
Whenever words are written on a surface where there have been erasures, the scribe must write a validation of each of the these portions at the end of the legal document, stating: "This-and-this letter...", "This-and-this word...", or "This-and-this line were written on a surface where there had been erasures," or "... are attached between the lines. Everything is valid."
If the erasure is in the place where the document states sharir v'kayam, and is the size that it takes to write these words, it is not acceptable even if the scribe validates that these words were written on an erased surface. We fear that a person might have erased the words sharir v'kayam, then written a false statement and then validated the document in the space between the document and the signature of the witnesses.
Halacha 9
When both a legal document and the signatures of the witnesses are written on a surface where there have been erasures, it is acceptable. If one might protest, saying: "The person in possession of the document might erase it again and write a text that benefits him," that argument can be answered, for it is possible to differentiate between a surface that has been erased once and one that has been erased twice.
If one might protest, saying: "Maybe the person erased only the surface where the witnesses would sign twice, and then after writing the legal document above the twice-erased surface and having the witnesses sign it, he erased the document and wrote whatever he desired." In such a situation, the document and the signatures of the witnesses appear the same, because everything was erased twice. This protest is untenable, because our Sages already ordained that witnesses should not sign a document written on a surface where there have been erasures, unless it was erased in their presence.
Halacha 10
When a legal document and the signatures of the witnesses are both written on a surface where there have been erasures, and the validation of the authenticity of the signatures was written on paper that had never been erased, we do not validate the document because of the signatures of the witnesses who validated it previously, but because of the signatures of the witnesses who signed it originally.
The rationale is that it is possible that the validation of the document was written very far from the document itself, and the space between them was filled with lines of ink. We suspect that the person in possession of the document cut off the document itself, erased the lines of ink, and forged the document and the signatures of the witnesses on the portion that had been erased.
Halacha 11
When a document is written on paper that had never been erased, and the witnesses signed on a surface where there were erasures, it is unacceptable. We suspect that the person might erase the document that the witnesses signed and replace it with a forgery. Thus, the document and the signatures of the witnesses will be on paper with erasures.
If the witnesses wrote: "We, the witnesses, signed on the portion of the paper where there were erasures, while the document was written on the portion of the paper that has never been erased," the document is acceptable. This statement should be written between the signature of one witness and the other, so that deception is not possible.
Halacha 12
When a legal document is written on a portion of a paper where there have been erasures and the witnesses sign on a portion of the paper that has never been erased, the document is not acceptable. This applies even if the witnesses write: "We, the witnesses, signed on the portion of the paper that has never been erased, while the document was written on the portion where there were erasures."
The rationale is that we fear the person in possession of the document will erase it a second time and write on it anything that he desires. Since the document as a whole has been erased twice, the forgery will not be obvious.
If, by contrast, one portion of the document was erased once and the other twice, a distinction could be made.
Among the prevailing regulations for legal documents is to carefully scrutinize the document, seeing if the vavin and the zayinin are not squeezed between the letters, lest the person have forged this letter, adding it to the document. Similarly, these letters must not be too far from the other letters of the word, lest the person have erased a portion of one letter - e.g., a hei or a chet - and left one of its legs in the place of a vav. Similarly, in all analogous situations, we scrutinize the text in any language and with any characters.
Halacha 13
The numbers from shalosh (three) to esser (ten) should not be written at the end of a line, for it is possible for the person in possession of the document to forge the text and make the shalosh, sheloshim (30), and the esser, essrim(20).
If it would happen that a scribe would have to write these numbers at the end of a line, he should repeat the text of the document several times until the numbers come out in the middle of the line.
Halacha 14
When the upper portion of a promissory note speaks of a maneh and the lower portion speaks of 200 zuz, or the upper portion of a promissory note speaks of 200 zuz and the lower portion speaks of a maneh, everything follows what is written in the lower portion.
Why do we not follow the lesser of the two numbers? Because in this instance, one is not dependent on the other. If the promissory note had said: "owesamaneh, which is 200 zuz" or "200 zuz, which is amaneh," the lender would be granted only a maneh. When, however, there are two matters stated in the document and the latter portion is not dependent on the former portion, we follow the latter portion.
When the upper portion of a legal document mentions one name and the lower portion mentions a name that resembles it, we follow the lower portion. If so, why do we write the upper portion? So that if one letter of the lower portion is rubbed out, one could learn from the upper portion. For example, if the upper portion stated Chanani or Anani and the lower portion stated Chanan or Anan, we can assume that it is referring to the person named in the upper portion. This applies regarding only one letter. We do not, however, resolve a doubt regarding two letters in the lower portion from the upper portion.
Halacha 15
If the upper portion of a promissory note speaks of a sefel and the lower portion speaks of a kefel, we follow the wording of the latter portion, for a kefel is less than a sefel.
If the upper portion of a promissory note speaks of a kefel and the lower portion speaks of a sefel, we suspect that perhaps a fly caused the left leg of the kuf to be rubbed out and made it appear like a samech. Hence, the bearer may expropriate only a kefel, the lesser measure. Similar principles apply in all analogous situations, for the bearer of the promissory note has the weaker position.
An incident occurred concerning a promissory note that stated: "600 and onezuz" This raised a doubt. Was the intent 601 zuz or was the intent 600 isteiraand one zuz? The Sages said: "The bearer of the promissory note may collect only 600 isteira and a zuz, for the bearer of the promissory note has the weaker position."
If so, why did they not say that he should collect 600 p'rutot and a zuz? Because a scribe would count the p'rutot as zuzin before composing the promissory note. Similar principles apply in all analogous situations. In all times and in all places, we follow the accepted norms.
Halacha 16
When a promissory note states: "Isteira 100 m'ie," or "100 m'ie isteira" one should follow the lesser of the phrases. The person should receive only oneisteira. The rationale is that the bearer of the promissory note has the weaker position, because he is trying to expropriate property from a colleague, and a person can expropriate property only when there is no doubt regarding his claim.
Similarly, whenever a promissory note could be interpreted in either of two ways, either this way or that way, the bearer receives the lesser of the amounts. If, however, he seizes possession of the greater amount, the borrower may not expropriate the money from him unless he can clearly prove the legitimacy of his own claim.
Halacha 17
When a promissory note states: "a gold coin," we assume that the intent is no less than a golden dinar. If it states "gold of dinarim," or "dinarim of gold," we assume that the intent is no less than the value of two dinarim of gold. If it states "gold in dinarim" we assume that the intent is no less than the value in gold of two silver dinarim. Similar laws apply in all analogous situations.
Blessed be God, who grants assistance.
Hayom Yom:
• Tuesday, Tishrei 30, 5776 · 13 October 2015
"Today's Day"
Friday Tishrei 30, 1st Day of Rosh Chodesh 5704
Torah lessons: Chumash: Noach, Shishi with Rashi.
Tehillim: 145-150.
Tanya: Now, it is known (p. 541) ...without speech. (p. 543).
In Hallel - repeat Hodu lashem (p. 243) after each of the next three verses, Yomar na, etc., even if davening alone. The versesV'Avraham zakein, etc. and Zevadya yish'mreini etc. are said three times.
• Tuesday, Tishrei 30, 5776 · 13 October 2015
"Today's Day"
Friday Tishrei 30, 1st Day of Rosh Chodesh 5704
Torah lessons: Chumash: Noach, Shishi with Rashi.
Tehillim: 145-150.
Tanya: Now, it is known (p. 541) ...without speech. (p. 543).
In Hallel - repeat Hodu lashem (p. 243) after each of the next three verses, Yomar na, etc., even if davening alone. The versesV'Avraham zakein, etc. and Zevadya yish'mreini etc. are said three times.
Daily Thought:
The Symphony & the Conductor
What are the laws of nature?
A symphony of innumerable parts following rhythms and patterns in wondrous harmony.
What is a miracle?
The conductor baring his hands.[Acharei 5733:1.]
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