Daily Quote:
When the tzaddik departs, he is to be found in all worlds, more than during his lifetime[Zohar]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayeira, 3rd Portion Genesis 19:1-19:20 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 18
1Now the Lord appeared to him in the plains of Mamre, and he was sitting at the entrance of the tent when the day was hot. אוַיֵּרָ֤א אֵלָיו֙ יְהֹוָ֔ה בְּאֵֽלֹנֵ֖י מַמְרֵ֑א וְה֛וּא ישֵׁ֥ב פֶּֽתַח־הָאֹ֖הֶל כְּחֹ֥ם הַיּֽוֹם:
2And he lifted his eyes and saw, and behold, three men were standing beside him, and he saw and he ran toward them from the entrance of the tent, and he prostrated himself to the ground. בוַיִּשָּׂ֤א עֵינָיו֙ וַיַּ֔רְא וְהִנֵּה֙ שְׁלשָׁ֣ה אֲנָשִׁ֔ים נִצָּבִ֖ים עָלָ֑יו וַיַּ֗רְא וַיָּ֤רָץ לִקְרָאתָם֙ מִפֶּ֣תַח הָאֹ֔הֶל וַיִּשְׁתַּ֖חוּ אָֽרְצָה:
3And he said, "My lords, if only I have found favor in your eyes, please do not pass on from beside your servant. גוַיֹּאמַ֑ר אֲדֹנָ֗י אִם־נָ֨א מָצָ֤אתִי חֵן֙ בְּעֵינֶ֔יךָ אַל־נָ֥א תַֽעֲבֹ֖ר מֵעַ֥ל עַבְדֶּֽךָ:
4Please let a little water be taken, and bathe your feet, and recline under the tree. דיֻקַּח־נָ֣א מְעַט־מַ֔יִם וְרַֽחֲצ֖וּ רַגְלֵיכֶ֑ם וְהִשָּֽׁעֲנ֖וּ תַּ֥חַת הָעֵֽץ:
5And I will take a morsel of bread, and sustain your hearts; after[wards] you shall pass on, because you have passed by your servant." And they said, "So shall you do, as you have spoken." הוְאֶקְחָ֨ה פַת־לֶ֜חֶם וְסַֽעֲד֤וּ לִבְּכֶם֙ אַחַ֣ר תַּֽעֲבֹ֔רוּ כִּֽי־עַל־כֵּ֥ן עֲבַרְתֶּ֖ם עַל־עַבְדְּכֶ֑ם וַיֹּ֣אמְר֔וּ כֵּ֥ן תַּֽעֲשֶׂ֖ה כַּֽאֲשֶׁ֥ר דִּבַּֽרְתָּ:
6And Abraham hastened to the tent to Sarah, and he said, "Hasten three seah of meal [and] fine flour; knead and make cakes." ווַיְמַהֵ֧ר אַבְרָהָ֛ם הָאֹ֖הֱלָה אֶל־שָׂרָ֑ה וַיֹּ֗אמֶר מַֽהֲרִ֞י שְׁל֤שׁ סְאִים֙ קֶ֣מַח סֹ֔לֶת ל֖וּשִׁי וַֽעֲשִׂ֥י עֻגֽוֹת:
7And to the cattle did Abraham run, and he took a calf, tender and good, and he gave it to the youth, and he hastened to prepare it. זוְאֶל־הַבָּקָ֖ר רָ֣ץ אַבְרָהָ֑ם וַיִּקַּ֨ח בֶּן־בָּקָ֜ר רַ֤ךְ וָטוֹב֙ וַיִּתֵּ֣ן אֶל־הַנַּ֔עַר וַיְמַהֵ֖ר לַֽעֲשׂ֥וֹת אֹתֽוֹ:
8And he took cream and milk and the calf that he had prepared, and he placed [them] before them, and he was standing over them under the tree, and they ate. חוַיִּקַּ֨ח חֶמְאָ֜ה וְחָלָ֗ב וּבֶן־הַבָּקָר֙ אֲשֶׁ֣ר עָשָׂ֔ה וַיִּתֵּ֖ן לִפְנֵיהֶ֑ם וְהֽוּא־עֹמֵ֧ד עֲלֵיהֶ֛ם תַּ֥חַת הָעֵ֖ץ וַיֹּאכֵֽלוּ:
9And they said to him, "Where is Sarah your wife?" And he said, "Behold in the tent." טוַיֹּֽאמְר֣וּ אֵלָ֔יו אַיֵּ֖ה שָׂרָ֣ה אִשְׁתֶּ֑ךָ וַיֹּ֖אמֶר הִנֵּ֥ה בָאֹֽהֶל:
10And he said, "I will surely return to you at this time next year, and behold, your wife Sarah will have a son." And Sarah heard from the entrance of the tent, and it was behind him. יוַיֹּ֗אמֶר שׁ֣וֹב אָשׁ֤וּב אֵלֶ֨יךָ֙ כָּעֵ֣ת חַיָּ֔ה וְהִנֵּה־בֵ֖ן לְשָׂרָ֣ה אִשְׁתֶּ֑ךָ וְשָׂרָ֥ה שֹׁמַ֛עַת פֶּ֥תַח הָאֹ֖הֶל וְה֥וּא אַֽחֲרָֽיו:
11Now Abraham and Sarah were old, coming on in years; Sarah had ceased to have the way of the women. יאוְאַבְרָהָ֤ם וְשָׂרָה֙ זְקֵנִ֔ים בָּאִ֖ים בַּיָּמִ֑ים חָדַל֙ לִֽהְי֣וֹת לְשָׂרָ֔ה אֹ֖רַח כַּנָּשִֽׁים:
12And Sarah laughed within herself, saying, "After I have become worn out, will I have smooth flesh? And also, my master is old." יבוַתִּצְחַ֥ק שָׂרָ֖ה בְּקִרְבָּ֣הּ לֵאמֹ֑ר אַֽחֲרֵ֤י בְלֹתִי֙ הָֽיְתָה־לִּ֣י עֶדְנָ֔ה וַֽאדֹנִ֖י זָקֵֽן:
13And the Lord said to Abraham, "Why did Sarah laugh, saying, 'Is it really true that I will give birth, although I am old?' יגוַיֹּ֥אמֶר יְהֹוָ֖ה אֶל־אַבְרָהָ֑ם לָ֣מָּה זֶּה֩ צָֽחֲקָ֨ה שָׂרָ֜ה לֵאמֹ֗ר הַאַ֥ף אֻמְנָ֛ם אֵלֵ֖ד וַֽאֲנִ֥י זָקַֽנְתִּי:
14Is anything hidden from the Lord? At the appointed time, I will return to you, at this time next year and Sarah will have a son." ידהֲיִפָּלֵ֥א מֵֽיהֹוָ֖ה דָּבָ֑ר לַמּוֹעֵ֞ד אָשׁ֥וּב אֵלֶ֛יךָ כָּעֵ֥ת חַיָּ֖ה וּלְשָׂרָ֥ה בֵֽן:Daily Tehillim: Chapters 72 - 76
• Hebrew text
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• Chapter 72
• Lessons in Tanya
• 1 Chapter: Shvuot Shvuot - Chapter 5 • English Text | Hebrew Text | 
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David composed this psalm for Solomon, praying that he be granted the wisdom to provide justice for the poor.
1. For Solomon. O God, impart Your justice to the king, and Your righteousness to the son of the king.
2. May he judge Your people with righteousness, Your poor with justice.
3. May the mountains bear peace to the nation, also the hills, in [reward for their] righteousness.
4. May he judge the nation's poor, save the children of the destitute, and crush the oppressor,
5. so that they will fear You as long as the sun [shines] and the moon endures, generation after generation.
6. May [his words] descend like rain upon cut grass, like raindrops that water the earth.
7. In his days may the righteous flourish, with much peace until the moon is no more.
8. And may he rule from sea to sea, and from the river until the ends of the earth.
9. May nobles kneel before him, and may his enemies lick the dust.
10. The kings of Tarshish and the islands will return tribute, the kings of Sheba and Seba will offer gifts.
11. All kings will bow to him, all nations will serve him;
12. for he rescues the needy one who cries out, the poor one who has no one to help him.
13. He pities the impoverished and needy, and saves the souls of the destitute.
14. He redeems their soul from deception and violence, and their blood is precious in his eyes.
15. He revives [the poor], and gives him of the gold of Sheba; and so [the poor] pray for him always, and bless him all day.
16. May there be abundant grain in the land, upon the mountaintops; may its fruit rustle like the [cedars of] Lebanon, and may [people] blossom from the city like the grass of the earth.
17. May his name endure forever; may his name be magnified as long as the sun [shines]. And all nations will bless themselves by him, they will praise him.
18. Blessed is the Lord God, the God of Israel, Who alone performs wonders.
19. Blessed is His glorious Name forever, and may the whole earth be filled with His glory, Amen and Amen.
20. The prayers of David, son of Jesse, are concluded
1
Chapter 73
This psalm addresses the question of why the righteous suffer while the wicked prosper, and prays for an end to our long exile. Read, and you will find repose for your soul.
1. A psalm by Asaph. Truly God is good to Israel, to the pure of heart.
2. But as for me, my feet nearly strayed; in an instant my steps would have been swept aside.
3. For I envied the revelers when I saw the tranquility of the wicked.
4. For there are no bonds1 to their death, and their health is sound.
5. They have no part in the toil of men, nor are they afflicted like other mortals;
6. therefore they wear pride as a necklace; their bodies are enwrapped in violence.
7. Their eyes bulge from fat; they surpassed the fantasies of their heart.
8. They consume [others], and talk wickedly of oppression-from on high do they speak.
9. They set their mouths against Heaven, while their tongues walk upon the earth.
10. Therefore His people return here,2 and suck the full [cup of bitter] waters.
11. And they say, "How can it be that God knows? Is there knowledge in the Most High?”
12. Behold these are the wicked, and they are ever tranquil, they have gained much wealth.
13. Surely in vain have I purified my heart, and washed my hands in cleanliness;
14. for I was afflicted all day, and my rebuke came each morning.
15. Were I to say, "I shall tell it like it is," behold I would turn the generation of Your children to rebels.
16. And when I pondered to understand this, it was unjust in my eyes;
17. until I came to the sanctuaries of God, and perceived their end.
18. Only on slippery places do You set them, You cast them into darkness.
19. How they have become desolate in an instant! They came to an end, they were consumed by terrors,
20. like a dream upon awakening. O my Lord, disgrace their image in the city.
21. When my heart was in ferment, and my mind was sharpened,
22. I was a boor and did not understand, like an animal was I with You.
23. Yet I was always with You; You held my right hand.
24. Guide me with Your counsel, and afterward, receive me with honor.
25. Whom do I have in heaven [besides You]? And when I am with You I desire nothing on earth.
26. My flesh and my heart yearn; God is the rock of my heart and my portion forever.
27. For behold, all those who are far from You perish, You cut down all who stray from You.
28. But as for me, the nearness of God is my good; I have put my trust in my Lord, God, that I may recount all Your works.
Chapter 74
The psalmist mourns and weeps over all the synagogues and study halls that have been burned: the Philistines destroyed the Tabernacle of Shiloh; Nebuchadnezzar destroyed the first Temple. We have been in exile for so long, without seeing any signs of redemption! When will the redemption come? Read, and you will find lamentation and consolation.
1. A maskil1 by Asaph. Why, O God, have You abandoned us forever, does Your wrath fume against the sheep of Your pasture?
2. Remember Your congregation which You acquired long ago, the tribe of Your inheritance whom You redeemed [and brought to] Mount Zion, where You rested Your Presence.
3. Lift Your steps to inflict eternal ruin, because of all the evil done by the enemy in the Sanctuary.
4. Your foes roared in the midst of Your meeting place; they considered their omens to be [genuine] signs.
5. The axes in the thicket of trees2 were reckoned as bringing [an offering] to the Above.
6. And now, all her ornaments together are smashed by hammer and hatchet.
7. They set Your Sanctuary on fire; they desecrated the Abode of Your Name to the ground.
8. Their rulers thought together in their hearts; they burned all the meeting places of God in the land.
9. We have not seen our signs; there is no longer a prophet, and there is none among us who knows how long.
10. How long, O God, will the adversary disgrace, will the enemy blaspheme Your Name forever!
11. Why do You withdraw Your hand, even Your right hand? Cast it out from within Your bosom!
12. For God is my King from long ago, working salvations in the midst of the earth.
13. In Your might, You divided the sea; You shattered the heads of the sea-monsters on the waters.
14. You crushed the heads of the Leviathan,3 leaving him as food for the nation [wandering in] the wilderness.
15. You split [the rock, bringing forth] fountain and brook; You dried up mighty streams.
16. Yours is the day, the night is also Yours; You established the moon and the sun.
17. You set all the boundaries of the earth; summer and winter-You created them.
18. Remember this, how the enemy reviled the Lord, and the vile nation blasphemed Your Name.
19. Do not give the soul of Your turtledove to the wild beast; do not forget the life of Your poor forever.
20. Look to the covenant, for the dark places of the earth are filled with dens of violence.
21. Do not turn back the oppressed in disgrace; [then] the poor and needy will praise Your Name.
22. Arise, O God, champion Your cause; remember Your insults from the perverse all day long.
23. Forget not the voice of Your adversaries; the tumult of Your opponents ascends always.
Chapter 75
How great is Israel! During their holidays they do not engage in frivolity, but in song and praise, and the study of the holiday's laws. Also, when they proclaimed (at the giving of the Torah), "We will do and we will hear!" they allowed the world to remain in existence. This psalm also admonishes those who indulge in worldly pleasures and attribute their prosperity to their own efforts.
1. For the Conductor, a plea not to be destroyed. A psalm by Asaph, a song.
2. We gave thanks to You, O God, we gave thanks; and Your Name was near [when] they1 told of Your wonders.
3. When I choose the appointed time, I will judge with fairness.
4. When the earth and all its inhabitants were melting, I established its pillars forever.
5. I said to the perverse, "Do not pervert [Israel]," and to the wicked, "Do not raise your pride.”
6. Do not raise your pride heavenward, nor speak with an arrogant neck
7. For not from the east or the west, nor from the desert does greatness come.
8. For God is Judge; He humbles one, and elevates the other.
9. For there is a cup [of punishment] in the hand of the Lord, with strong wine of full mixture; He pours from this, and all the wicked of the earth will drink, draining even its dregs.
10. But as for me, I will tell of it forever; I will sing to the God of Jacob.
11. I will cut off all glory of the wicked, but the glory of the righteous will be raised up.
Chapter 76
This psalm contains the prophecy of when the vast army of Sennacherib was seized with a deep slumber that rendered the hands of the soldiers powerless to raise their weapons; thus did they all fall in battle.
1. For the Conductor, with instrumental music, a psalm by Asaph, a song.
2. God is known in Judah, His Name is great in Israel.
3. His Tabernacle was in Shalem,1 and His dwelling place in Zion.
4. There He broke the flying arrows of the bow, the shield, the sword and battle-forever.
5. You are illumination, mightier than the mountains of prey.
6. The stout-hearted were without sense, they slept their sleep, and all the warriors were unable to find their strength.
7. At Your rebuke, O God of Jacob, chariot and horse were stunned.
8. You, awesome are You! Who can stand before You once You are enraged.
9. From heaven You let the verdict be heard; the earth feared and was still,
10. when God rose to pass judgement, to save all the humble of the earth forever.
11. The anger of man will cause us to thank You;2 You will restrain the residue of wrath.
12. Make vows to the Lord your God and fulfill them; all who surround Him will bring tribute to the Awesome One.
13. He cuts down the spirit of nobles; He is awesome to the kings of the earth.
Tanya: Iggeret HaKodesh, middle of Epistle 27• Lessons in Tanya
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• Video Class• Tuesday, Cheshvan 14, 5776 · October 27, 2015
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text | Audio: Listen | Download | Video Class
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• Video Class• Tuesday, Cheshvan 14, 5776 · October 27, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 27
Part (b)
ביאור על הנ״ל
An Elucidation of the Above
The Alter Rebbe now provides a deeper understanding of the above letter.
* * *
איתא בזהר הקדוש, דצדיקא דאתפטר, אשתכח בכלהו עלמין יתיר מבחיוהי כו׳
It is stated in the sacred Zohar that “When a tzaddik departs he is to be found in all the worlds more than during his lifetime...”
וצריך להבין
Now this needs to be understood:
תינח בעולמות עליונים, אשתכח יתיר בעלותו שמה
For, granted that he is to be found increasingly in the upper worlds when he ascends there [following his passing];
אבל בעולם הזה, איך אשתכח יתיר
but now is he found more in this world?
ויש לומר על דרך מה שקבלתי על מאמר חז״ל, דשבק חיים לכל חי
This may be explained along the lines of [a teaching] which I received concerning the idiom of our Sages, of blessed memory, that [a departed tzaddik] “has left life to all the living.”
As mentioned above, the expression is problematic: surely he has not left anyone life which was not their own. The Alter Rebbe will now explain in what sense it may truly be said that the departed tzaddik left his surviving disciples something of his own life.
כנודע, שחיי הצדיק אינם חיים בשרים, כי אם חיים רוחניים, שהם אמונה ויראה ואהבה
As is known, the life of a tzaddik is not a fleshly life but a spiritual life, consisting of faith, awe, and love.
These he possesses not only for himself but transmits to his disciples as well.
In Scripture, we find that faith, awe and love, are each termed “life”.
כי באמונה כתיב: וצדיק באמונתו יחיה
Thus of faith it is written,1 “And a tzaddik lives by his faith.”
וביראה כתיב: יראת ה׳ לחיים
Of awe it is written,2 “The awe of G‑d [leads] to life.”
ובאהבה כתיב: רודף צדקה וחסד, ימצא חיים
And of love it is written,3 “He who pursues tzedakah and Chesed, will find life,”
וחסד הוא אהבה
and Chesed signifies love, for love is its core.
Hence, when the term “life” is used to describe Chesed, it applies to love as well. To sum up: Faith in G‑d, and the awe and love of Him, are thus all referred to as “life”.
ושלש מדות אלו הם בכל עולם ועולם, עד רום המעלות
Now these three attributes are present in every world, up to the highest of levels,
הכל לפי ערך בחינת מעלות העולמות
all proportionate to the levels of the worlds,
זה על זה, בדרך עילה ועלול, כנודע
one higher than the other, by way of cause and effect, as is known.
At any level, each world serves as an antecedent (a “cause”) to the lesser world (the “effect”) which it brings into being.
| FOOTNOTES | |
| 1. | Chavakuk 2:4. |
| 2. | Mishlei 19:23. |
| 3. | Mishlei 21:21. |
• Sefer Hamitzvos:• English Text | Hebrew Text |
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• Today's Mitzvah
Tuesday, Cheshvan 14, 5776 · October 27, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 294
Punishing an Individual Coerced to Sin
"But to the girl you shall do nothing"—Deuteronomy 22:26.
It is forbidden to punish a person for the commission of a sin which he was coerced to do.
Full text of this Mitzvah »
Negative Commandment 290
Issuing a Punitive Sentence Based on Circumstantial Evidence
"And an innocent and righteous person you shall not slay"—Exodus 23:7.
We are forbidden to punish an individual based on circumstantial evidence, even if the person's guilt is virtually certain.
For example: A person was pursuing his enemy with the intent to murder him. The pursued escaped into a house, followed by the pursuer. Witnesses then enter the house and find the victim lying murdered, still convulsing, and the pursuer standing over him holding a knife—both people covered with blood. The courts may not execute the pursuer since there were no witnesses who actually saw the murder.
Though this law might seem unjust [as it will inevitably lead to the exoneration of certain criminals], here's the rationale:
In the realm of the possible, some possibilities are extremely probable, some are extremely unlikely, and then there's the full broad gamut of possibilities that fall somewhere between these two extremes. If the Torah were to allow the courts to punish an individual in an instance where the probability of guilt is almost definite (similar to the above example), then the courts would also come to punish in cases in which the guilt is less and less probable, until they would execute defendants based on flimsy estimation according to the judge's imagination.
Therefore G‑d "closed the door" to this possibility and forbade any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.
If we do not inflict punishment, even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was implemented based on circumstantial evidence, it is possible that someday an innocent person would be executed. And it is preferable that a thousand guilty people be set free than to execute one innocent person.
Similarly, if two witnesses testified that a person committed two different capital offenses, each one having seen only one of the acts – e.g., one witness testified that he saw a person working on Shabbat, and another witness testified that he saw the person worshipping idols – that person cannot be executed.
Full text of this Mitzvah »
Tuesday, Cheshvan 14, 5776 · October 27, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 294
Punishing an Individual Coerced to Sin
"But to the girl you shall do nothing"—Deuteronomy 22:26.
It is forbidden to punish a person for the commission of a sin which he was coerced to do.
Full text of this Mitzvah »
Punishing an Individual Coerced to Sin
Negative Commandment 294
Translated by Berel Bell
The 294th prohibition is that we are forbidden from punishing a person who was forced to commit a transgression, since the act was done unwillingly.
The source of this prohibition is G‑d's statement1 (exalted be He), "You must not impose any penalty upon the girl."
Our Sages said in tractate Sanhedrin,2 "The Torah exempts a person in the case of force, as it is written,3 'You must not impose any penalty whatsoever upon the girl.' "
FOOTNOTES
1.Deut. 22:26. The previous verses (ibid,. 23-24) speak of a young married woman who committed adultery, in which case both she and the man are punished. This verse speaks of a case of rape, to say that only he is punished, not her.
2.Our versions of tractate Sanhedrin do not contain this statement. It is found in Nedarim 67a, Bava Kama 28b, and Avodah Zorah 54a. See Kapach 5731, footnote 39.
3.Deut., ibid.
_______________________________________Negative Commandment 290
Issuing a Punitive Sentence Based on Circumstantial Evidence
"And an innocent and righteous person you shall not slay"—Exodus 23:7.
We are forbidden to punish an individual based on circumstantial evidence, even if the person's guilt is virtually certain.
For example: A person was pursuing his enemy with the intent to murder him. The pursued escaped into a house, followed by the pursuer. Witnesses then enter the house and find the victim lying murdered, still convulsing, and the pursuer standing over him holding a knife—both people covered with blood. The courts may not execute the pursuer since there were no witnesses who actually saw the murder.
Though this law might seem unjust [as it will inevitably lead to the exoneration of certain criminals], here's the rationale:
In the realm of the possible, some possibilities are extremely probable, some are extremely unlikely, and then there's the full broad gamut of possibilities that fall somewhere between these two extremes. If the Torah were to allow the courts to punish an individual in an instance where the probability of guilt is almost definite (similar to the above example), then the courts would also come to punish in cases in which the guilt is less and less probable, until they would execute defendants based on flimsy estimation according to the judge's imagination.
Therefore G‑d "closed the door" to this possibility and forbade any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.
If we do not inflict punishment, even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was implemented based on circumstantial evidence, it is possible that someday an innocent person would be executed. And it is preferable that a thousand guilty people be set free than to execute one innocent person.
Similarly, if two witnesses testified that a person committed two different capital offenses, each one having seen only one of the acts – e.g., one witness testified that he saw a person working on Shabbat, and another witness testified that he saw the person worshipping idols – that person cannot be executed.
Full text of this Mitzvah »
Issuing a Punitive Sentence Based on Circumstantial Evidence
Negative Commandment 290
Translated by Berel Bell
The 290th prohibition is that we are forbidden from punishing someone based on our estimation [without actual testimony], even if his guilt is virtually certain. An example of this is a person who was chasing after his enemy to kill him. The pursued escaped into a house and the pursuer entered the house after him. We enter the house after them and find the victim lying murdered, with the pursuer standing over him holding a knife, with both covered with blood. The Sanhedrin may not inflict the death penalty1 on this pursuer since there were no witnesses who actually saw the murder.
The Torah of Truth (Toras Emess) comes to prohibit his execution with G‑d's statement2 (exalted be He), "Do not kill a person who has not been proven guilty."
Our Sages said in Mechilta:3 "If they saw him chasing after another to kill him and they warned him, saying, 'He is a Jew, a son of the Covenant! If you kill him you will be executed!' If the two went out of sight and they found one murdered, with the sword in the murderer's hand dripping blood, one might think that he can be executed. The Torah therefore says, 'Do not kill a person who has not been proven guilty.' "
Do not question this law and think that it is unjust, for there are some possibilities that are extremely probable, others that are extremely unlikely, and others in between. The category of "possible" is very broad, and if the Torah allowed the High Court to punish when the offense was very probable and almost definite (similar to the above example), then they would carry out punishment in cases which were less and less probable, until people would be constantly4 executed based on flimsy estimation and the judges' imagination. G‑d (exalted be He), therefore "closed the door" to this possibility and forbid any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.
If we do not inflict punishment even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was given based on estimation and circumstantial evidence,5 it is possible that someday an innocent person would be executed. And it is preferable and more proper6 that even a thousand guilty people be set free than to someday execute even one innocent person.
Similarly, if two witnesses testified that the person committed two capital offenses, but each one saw only one act and not the other, he cannot be executed. For example: One witness testified that he saw a person doing a melachah on Shabbos and warned him not to. Another witness testified that he saw the person worshipping idols and warned him not to. This person cannot be executed by stoning.7 Our Sages said,8 "If one witness testified that he worshipped the sun and the other testified that he worshipped the moon, one might think that they can joined together.9 The Torah therefore said, 'Do not kill a person who has not been proven guilty.'"
FOOTNOTES
1.They are allowed, however, in extreme circumstances, to order him executed as an emergency measure.
2.Ex. 23:7.
3.Ibid.
4.See Kapach, 5731, footnote 21, that the correct translation of the Arabic tzara is tamid (constantly), rather than the translation in the 5718 Rav Kook edition, b'avel. Chavel, following that version, translates "unwarrantable presumptions."
5.See Kapach, 5731, footnote 23, that this is the correct translation of the Arabic k'ra'in rather than the translation in the 5718 Rav Kook edition, dimui. Chavel, following that version, translates "suppositions."
6.See Kapach, 5731, footnote 24, translates ratzui, but writes that he could not find an equivalent Hebrew word, since the Arabic achut indicates taking extra precautions to avoid executing an innocent person.
7.Literally "stoning." See P229.
8.Mechilta, loc cit.
9.I.e. that there are two witnesses that he worshipped idols.
Audio: Listen | Download | Video Class
• Shvuot - Chapter 5
Hayom Yom:
• English Text | Video Class• Tuesdah, Cheshvan 14, 5776 · 27 October 2015
"Today's Day"
Friday Cheshvan 14 5704
Torah lessons: Chumash: Vayeira, Shishi with Rashi.
Tehillim: 72-76.
Tanya: Now, while the (p. 567) ...found - believe it." (p. 569).
"From G-d are man's steps established."1 Every one of Israel has a spiritual mission in life - which is to occupy himself with the work of construction, to make a "dwelling-place" for G-d. Every one, regardless of his station or location, must, through an exhaustive search, seek out a spiritual livelihood with all the intensity of his strength, just as he seeks a material livelihood.
This is so because, (as the above verse concludes) "he desires His (G-d's) way."2 As it is written of Avraham: "For I know and love him because etc. and they will keep the way of Havayeh."3 There are two "ways": The way of nature and the way that transcends nature. G-d created the universe in such a way that, in man's eyes, it appears to follow a set pattern of nature; this is the "way" of Elokim.4 Torah and Mitzvot are the "way" of Havayeh, drawing that which transcends nature into nature. By virtue of this (conduct of Israel) G-d endows Israel from that which is beyond nature into the natural.
FOOTNOTES
1. Tehillim 37:23.
2. The simple meaning of the phrase is that G-d desires man's way.
3. Bereishit 18:19.
4. See Tishrei 3 and footnotes.• Daily Thought:
Halacha 1
When a person takes an oath that so-and-so threw a stone into the sea and he did not do so, or [he took an oath that] he did not throw it and he did, he is liable for taking a [false] sh'vuat bitui. [This applies] even though there is no [possibility of him taking such an oath] with regard to the future.1 For he cannot take an oath that so-and-so will throw [an article] or will not throw it.
[Indeed,] any person who takes an oath with regard to other people's [conduct - that they will or will not perform a particular activity is not liable for taking a [false] sh'vuat bitui. [This applies even if the person concerned] is his son or wife. For it is not within his potential to keep or nullify the oath. He is given stripes for rebellious conduct since it is not within his potential to keep this oath. Thus he is causing an oath to be taken in vain.2
Halacha 2
Why isn't he liable for lashes for taking an oath in vain? For it is possible for those other people to heed his [words] and keep his oath. Thus when he is given a warning at the time he takes the oath, the warning is of doubtful status. In such an instance, one is not given lashes because of it unless the prohibition is explicitly stated in the Torah, as will be explained in Hilchot Sanhedrin.3 Other people are not bound to fulfill the words of the person who took the oath unless they responded Amen, as we explained.4
Halacha 3
Halacha 4
When does the above apply? When he took an oath concerning a matter that was not in his domain. For example, Reuven took an oath that Shimon would not go on a commercial journey, not eat meat, or the like.7 [Different laws apply,] however, should Reuven take an oath that Shimon may not enter his home and may not derive any benefit from his property. If Shimon transgressed and entered Reuven's house and benefited from his property without Reuven's knowledge, Reuven is exempt, for [his oath was violated] due to forces beyond his control.8 Shimon is liable, for he performed a deed prohibited to him. For Reuven took an oath only with regard to a matter within his property.9 Similar laws apply in all analogous situations.
Halacha 5
[When a person says: "I am taking] an oath that I will not eat," and he ate, but he ate articles that were not fit to be eaten10 or drank beverages that were not fit to be drunk, he is exempt.11 If he partook of foods that are forbidden to be eaten by the Torah, for example, he ate an olive-sized portion of a nevelah,12 atrefe,13 teeming animals, or creeping animals, he is not liable for a [false]sh'vuat bitui.14
[When a person says: "I am taking] an oath that I will eat," and he ate articles that were not fit to be eaten or drank beverages that were not fit to be drunk, or he partook of a nevelah, a trefe, or the like, he is not liable for a false sh'vuat bitui. He is considered to have fulfilled [his commitment to] eat. Since they are important in his eyes, eating them is considered as eating.15
Halacha 6
[When a person said: "I am taking] an oath that I did not eat," and he ate articles that were not fit to be eaten or he partook of a nevelah or a trefe, he is liable. Eating them is considered eating, because they are important to him, as evidenced by his having eaten them.16 With regard to the future, by contrast, i.e., he took an oath that he would not eat and then in an extraordinary instance, he ate them, this is not considered eating, as we explained [above].
Halacha 7
Halacha 8
[When a person says: "I am taking] an oath that I will eat even less than an olive-sized portion of a nevelah or a trefe," he may be liable for taking a falsesh'vuat bitui.19
[When a person says: "I am taking] an oath that I will not eat earth and the like from substances that are not fit to be eaten," if he eats an olive-sized portion, he is liable. If he ate less than an olive-sized portion, there is a doubt [concerning the ruling]. Perhaps he is liable even for [eating] the smallest amount. Since these substances are not usually eaten so that a full measure must be eaten [for him to be held liable].20
Halacha 9
Similarly, when one takes an oath that he would not eat grape seeds and he eats less than an olive-sized portion, there is a doubt [concerning his liability].21If the one taking the oath was a nazirite who is forbidden to eat an olive-sized portion of grape seeds,22 he is not liable for a [false] sh'vuat bitui if he ate less than an olive-sized portion. [The rationale is that] his intent in taking the oath is only concerning the olive-sized portion for which he is already liable and [hence] the oath does not take effect.23 Therefore if one said: "[I am taking] an oath that I will not eat even one grape seed," and ate it, he is liable.24
Halacha 10
[When a person says: "I am taking] an oath that I will not eat dates, a nevelahor a trefe," and he ate an olive-sized portion of a nevelah or a trefe, he is liable also25 for [taking] a [false] sh'vuat bitui.26 For he included forbidden entities together with permitted entities. Since the oath took effect with regard to the dates, it also takes effect with regard to the forbidden entities, as we explained.27
Halacha 11
Halacha 12
Halacha 13
[When a person says: "I am taking] an oath that I will eat this loaf. [I am taking] an oath that I will not eat it," the second oath is an oath taken in vain, for he is commanded to eat it.33 He is liable for lashes for the second oath whether he partakes of [the loaf] or not.34 If he does not eat it,35 he is liable also for [not fulfilling] a sh'vuat bitui.36
Halacha 14
[When a person says: "I am taking] an oath that I will not eat this loaf. [I am taking] an oath that I will eat it," the second oath is an oath taken in vain, for he is forbidden to eat it.37 He is liable for lashes for the second oath whether he partakes of [the loaf] or not. If he eats it, he is liable also for [not fulfilling] ash'vuat bitui.
Halacha 15
What is implied? For example, a person took an oath that he would not make asukkah, he would not put on tefillin, he would not give charity, he is liable for lashes for taking an oath in vain.40 Similarly, [one is liable] if he takes an oath for a colleague that he will not give testimony that he knows or that he will not testify if he will know testimony, for he is commanded to testify.41 Similarly, if he tells a colleague: "[I am taking] an oath that I will never know testimony concerning you," it is an oath taken in vain, for it is not within his capacity [to be certain] that he will never know of testimony concerning him. Similar laws apply in all analogous situations.
Halacha 16
When a person takes an oath to fulfill a mitzvah and fails to fulfill it, he is not liable for not fulfilling a sh'vuat bitui.42
What is implied? A person took an oath to make a lulav or a sukkah, to give charity, or to testify on behalf [of a colleague] if he knew testimony [that could affect him]. If he did not make [these articles], give [the charity], or testify, he is exempt for [not fulfilling his] sh'vuat bitui. For a sh'vuat bitui takes effect only with regard to matters left to one's choice - [i.e., matters that] if he wants to, he may perform and if he does not want to, he need not perform, as implied by [Leviticus 5:4]: "whether he will do harm or do good."
Therefore whenever anyone takes an oath to harm another person, he is exempt from a sh'vuat bitui, e.g., he takes an oath to strike so-and-so, to curse him, steal his money, or deliver him to the control of a man of force. [The rationale is that] he is commanded not to do [these things]. It appears to me that he is liable for lashes for taking an oath in vain.43
Halacha 17
If a person took an oath to harm himself, e.g., he took an oath to inflict injury upon himself, the oath takes effect even though he is not allowed to do so.44If he does not harm himself, he is liable for [not fulfilling] a sh'vuat bitui.
If he took an oath to help others with regard to a matter with which he could help them,45 e.g., to speak to the ruling authorities or to show him honor, the oath takes effect. If he transgresses and does not carry out [his promise], he is liable for [not fulfilling] a sh'vuat bitui.
Halacha 18
One who takes an oath not to eat matzah for a year or two is forbidden to eat matzah on the nights of Pesach.46 If he eats it, he is liable, for violating ash'vuat bitui. This is not considered as an oath taken in vain, since he did not take an oath [specifically] not to eat matzah on the nights of Pesach. Instead, he included the times when eating matzah is a matter of choice together with those when it is a mitzvah. Since the oath takes effect with regard to the other days, it also takes effect with regard to Pesach. Similar laws apply in all analogous situations,47 e.g., one took an oath not to sit in the shade of asukkah forever,48 or not to wear a garment for a year or two.49
Halacha 19
If one took an oath that he put on tefillin that day or did not put them on, or wrapped himself in tzitzit or did not wrap himself in them, he is taking a sh'vuat bitui with regard to the past.50 For he is describe something which happened. He is not taking an oath whether to fulfill or not to fulfill a mitzvah.
Halacha 20
If a person took an oath that he will not sleep for a three-day period, he will not eat for seven days, or the like, it is an oath taken in vain.51 We do not say that the person should remain awake until he is overcome by pain or fast until he is overcome by pain and [only] when he no longer has the strength to bear [the suffering], eat or sleep.52 Instead, he is liable for lashes53 immediately for taking an oath in vain. He may eat and sleep whenever he desires.54
Halacha 21
When a person takes an oath that he saw a camel flying in the sky and when questioned: "How could you have taken an oath in vain?", he responded: "I saw a huge bird and because of its size, I called it a camel. This was my intent," [his words] are of no consequence. For when all people mention a camel that is their intent. His intention is nullified because of that of people at large55 and he is liable for lashes.56 Similar laws apply in all analogous situations.
Halacha 22
It is a known matter to the sages who are masters of wisdom and knowledge that the sun is 170 times greater than the earth.57 [Nevertheless,] if one of the common people takes an oath that the sun is greater than the earth, he is not liable for taking an oath in vain.58 For even though this is the fact, this concept is not known to people at large, only to great sages. One is liable [for an oath taken in vain] only when he takes an oath concerning a matter that is known and obvious to three ordinary people, e.g., [an oath that] a man is a man or a stone is a stone.
Similarly, when he takes an oath that the sun is smaller than the earth, he is not liable for lashes [for an oath taken in vain] although this is not the reality. For this matter is not known to all people.59 Such a person is not comparable to one who takes an oath that a man is a woman. For he took the oath according to his perception, for the sun looks small. Similar laws apply to other comparable concepts from the reckoning of the factors determining the calendar, astronomy, geometry, and other abstract concepts of the like that can be perceived only by other people.
| FOOTNOTES | |
| 1. |
Although the concept of a sh'vuat bitui applies both with regard to the past and the future (Chapter 1, Halachah 2), it is not necessary that every sh'vuat bitui have both a past and a future component.
|
| 2. |
As the Rambam continues to explain, the oath is not necessarily false, because the other people may do what he postulated. Rashi (Sh'vuot 25a) considers this a false oath. The Siftei Cohen236:4 quotes Rashi's view.
|
| 3. |
The Radbaz and the Kessef Mishneh point out several difficulties with the Rambam's words. Firstly, in Hilchot Sanhedrin, the Rambam does not make such statements explicitly. The only mention of a warning of a doubtful status is in Hilchot Sanhedrin 16:4. From those statements and those here, it appears that the Rambam considers such a warning as significant. There he does not explain the distinction of whether the prohibition is explicitly mentioned in the Torah or not. Also, the prohibition against taking a false oath is explicitly mentioned in the Torah. The Radbaz explains that the intent is that the concept that such an oath is considered as having been taken in vain is not explicit in the Torah and may not be known by an ordinary person.
|
| 4. |
As stated in Chapter 2, Halachah 1, whenever one responds Amen to a colleague's oath, he is bound by it.
|
| 5. |
The Rama (Yoreh De'ah 236:2) mentions two opinions. One emphasizes that the one who took the oath must certainly fulfill it. For example, if one takes an oath to marry a woman, the oath is considered as having been taken in vain, because the woman may not consent. Nevertheless, if she does consent, the man should keep his word and marry here. The other, however, does not consider this as an oath taken in vain, but rather as a false sh'vuat bitui.
|
| 6. |
The Ma'aseh Rokeach maintains that even if the involved parties fulfill the oath, the person taking it is given stripes for rebellious conduct, for he should never have taken such an oath.
|
| 7. |
For in these instances, he has no control over the other person's actions.
|
| 8. |
For he did not know of Shimon's actions.
|
| 9. |
The Tur questions the Rambam's ruling, focusing on the difference between an oath (sh'vuah) and a vow (neder). When taking an oath, a person causes his own person to be prohibited against performing a particular action. To use yeshivah terminology, it is an issur gavra; the prohibition is on the person. When taking a vow, by contrast, he places the prohibition on the object. It is anissur cheftzah.
Now when a person takes a vow against a colleague benefiting from his property, there is no difficulty, because he is placing the prohibition on the property. How can he, however, place a prohibition on a colleague's person? How can his oath take effect?
The Rambam's ruling is quoted by the Shulchan Aruch (Yoreh De'ah 236:3; albeit using slightly different wording). The Turei Zahav 236:7 explains that the Rambam follows the principle stated by the Ramban that an oath expressed using the wording of a vow and a vow expressed using the wording of an oath is binding. The Radbaz, puzzled by the same difficulty, states that this refers to an instance where the colleague answered Amen to the oath.
|
| 10. |
E.g., earth or spoiled foods.
|
| 11. |
The Radbaz explains that he is eating them, not because he considers them as food, but in order to quench his pangs of hunger.
|
| 12. |
An animal that died without ritual slaughter.
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| 13. |
An animal with a blemish that would cause it to die within twelve months.
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| 14. |
Since he is already forbidden to partake of these entities by the oath taken by the Jewish people as a whole at Sinai, the oath he takes is of no significance (Sh'vuot 22b). See Halachah 11.
The Radbaz emphasizes that this exclusion applies only with regard to entities forbidden by Scriptural Law, but not those forbidden by Rabbinic Law. For in such an instance, he is not bound by the oath taken by our people at Sinai.
|
| 15. |
Rabbenu Nissim explains the difference between this and the first clause as follows: In the first clause, we assume that the not eating, he referred to in his oath was not eating foods that people usually eat. These articles were not included in his oath, for there is no reason to forbid them. In the second instance, he included everything that he considers as food in his oath.
|
| 16. |
Even before he took his oath.
|
| 17. |
As the Torah states: "Cursed is the man who will not observe the words of this Torah" (Deuteronomy 27:26).
|
| 18. |
The Radbaz explains that although the Rambam maintains that there is a Scriptural prohibition against eating even less than the measure for which one is liable (Hilchot Ma'achalot Asurot 14:2), this is not considered a matter for which one is bound by an oath from Sinai. For that oath includes only those matters which are explicitly mentioned by the Torah and this prohibition is not. There are, however, other Rishonim who do not makes such a distinction. See Siftei Cohen 238:6.
|
| 19. |
The oath takes effect, because, as stated in the previous halachah, for this quantity, he is not bound by an oath from Sinai. The Radbaz states that preferably, he should have this oath nullified. Nevertheless, if that is not possible, it is preferable for him to keep the oath and violate the Scriptural commandment.
|
| 20. |
On the other hand, perhaps, he is not liable, for since he mentioned "eating" in his oath, we assumed that he meant an olive-sized portion.
|
| 21. |
Perhaps he is liable for, as mentioned above, since such articles are not usually eaten, he may be held liable even for eating less than the usual amount or perhaps we require an olive-sized portion.
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| 22. |
As stated in Numbers 6:4.
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| 23. |
As stated in Halachah 11.
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| 24. |
See Chapter 4, Halachah 1.
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| 25. |
I.e., in addition to violating the prohibition against forbidden foods.
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| 26. |
We do not say he is required to eat the two together.
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| 27. |
Chapter 4, Halachah 11.
|
| 28. |
Substances explicitly forbidden by the Torah.
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| 29. |
This oath does not take effect, because an oath cannot take effect with regard to an object bound by another oath. Since the entire Jewish people are bound by the oath taken at Sinai not to partake of these substances, no other oath involving these entities can take effect (Kessef Mishneh).
|
| 30. |
Were the person to have taken an oath to eat the forbidden substance, he would be taking an oath in vain, for his oath would be to nullify one of the Torah's mitzvot. In this instance, however, he is taking an oath to fulfill the mitzvah. This is permitted. See Nedarim 8b; Chapter 11, Halachah 3.
|
| 31. |
See Chapter 1, Halachah 6.
|
| 32. |
For the oath is considered as having been taken in vain at the moment it was uttered (see Rashi,Sh'vuot 29b).
|
| 33. |
Due to his first oath.
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| 34. |
As stated in the previous halachah.
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| 35. |
I.e., within the time period he specified in the oath; alternatively, after the loaf was destroyed or eaten by others. As long as the loaf continues to exist, however, he may fulfill his oath.
|
| 36. |
For his first oath is binding.
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| 37. |
Due to his first oath, as above.
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| 38. |
For the reasons stated in Halachah 11.
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| 39. |
As stated in Chapter 1, Halachah 6.
|
| 40. |
For these are all mitzvot that he is required to fulfill.
|
| 41. |
Sefer HaMitzvot (positive commandment 178) and Sefer HaChinuch (mitzvah 122) count this as one of the 613 mitzvot of the Torah. See Hilchot Edut 1:1.
|
| 42. |
Nor is he liable for taking an oath in vain, for at the time he took the oath, it was not in vain. And one may take an oath to observe the mitzvot, so his intent was desirable (Radbaz).
|
| 43. |
I.e., since performing any one of these acts violates one of the Torah's prohibitions, taking an oath to perform such an act is equivalent to taking an oath to nullify a mitzvah. Nevertheless, the Rambam prefaces his ruling with the words "It appears to me" - which indicate a ruling based on his own deductive processes - for, in prior Rabbinic sources, the statement that taking an oath to nullify a mitzvah is considered taking an oath in vain were made with regard to prohibitions between man and God and these are prohibitions between man and man.
|
| 44. |
Hilchot Chovel UMazik 5:1 states that a person may not injure himself. Nevertheless, since this prohibition is not explicitly stated in the Torah, it is not considered as one is taking an oath to nullify a mitzvah (see Halachah 7) and the oath takes effect (Radbaz).
|
| 45. |
If, however, it is not in his capacity to perform this favor, he is liable for taking an oath in vain, but not for failing to fulfill a sh'vuat bitui (Radbaz).
Performing deeds of kindness fulfills a mitzvah. Nevertheless, since the specific deeds are not explicitly mentioned in the Torah as mitzvot, the violation of an concerning them is considered as a false sh'vuat bitui.
|
| 46. |
When we are commanded to eat matzah. The mitzvah applies only on the night of the fifteenth of Nisan and not throughout the holiday.
|
| 47. |
The Rama (Yoreh De'ah 236:5, quoting the Maharam of Padua, Responsa 74) emphasizes that this ruling only applies with regard to positive commandments, but not with regard to the Torah's prohibitions. Thus if a person took an oath that he would eat all types of meat, we do not say that since the oath takes effect with regard to the kosher meat, it also takes effect with regard to the non-kosher meat.
|
| 48. |
And thus the oath also prevents one from fulfilling the mitzvah of dwelling in a sukkah on Sukkot.
|
| 49. |
The Radbaz interprets the oath as preventing the person from fulfilling the mitzvah of tzitzit. Nevertheless, as the Radbaz himself notes, this interpretation is somewhat problematic, because there is no Scriptural mitzvah to wear tzitzit each day. Instead, the mitzvah is that if one is wearing a four-cornered garment, one must attach tzitzit to it. See Hilchot Tzitzi 3:11. Others interpret this as referring to priests who take such an oath and thus are prevented from wearing the priestly garments while serving in the Temple. As stated in Hilchot Klei HaMikdash 10:4, wearing such garments is a mitzvah.
|
| 50. |
And he is liable if the oath is false.
|
| 51. |
For there is no way that he can keep his word. Thus from the moment he uttered the oath, it was uttered in vain (Radbaz). See Chapter 1, Halachah 7.
|
| 52. |
The Kessef Mishneh quotes Rabbenu Nissim who questions the similarity between the two instances. It is impossible that a person will not sleep for seven days. He will fall asleep whether he desires to or not. Hence, he should not even try to remain awake. With regard to eating, by contrast, seemingly, the person should wait until he reaches a dangerous state and then he should be allowed to eat.
Based on the commentary of the Tzaphnat Paneach, it is possible to explain the differences in approach as follows: According to Rabbenu Nissim, the prohibition is lifted because of the danger, but it is not nullified entirely. Hence, when a person takes an oath on a matter that involves danger, we lift the prohibition, but only after we have waited until the danger is acutely felt. Hence, the oath not to eat is not necessarily a false oath. The oath not to sleep, by contrast, is definitely false, because it is impossible that he will not sleep.
According to the Rambam, by contrast, since there is danger to life involved, the prohibition is nullified entirely. Hence, even the oath not to eat is considered to have been taken in vain.
|
| 53. |
Our translation is based on the commentary of the Radbaz. Even if there is no court to administer this punishment to him, he may eat and sleep whenever he desires. When he is brought before the court, they will subject him to punishment.
|
| 54. |
For the oath is not considered to have taken effect at all.
|
| 55. |
Because the meaning of phrases used by people at large determines the ruling with regard to oaths and vows (Radbaz).
|
| 56. |
For taking an oath in vain.
|
| 57. |
Actually, according to the scientific data available at present, the sun is far larger than this. Some have tried to reconcile the Rambam's statements with this data by explaining that the Rambam is speaking about the actual mass of the sun and not the burning energy on its surface. See Likkutei Sichot, Vol. 10, p. 180.
|
| 58. |
I.e., one might think that since this is the reality, taking such an oath is considered an oath in vain. The Rambam is clarifying that since people at large may not be aware of this fact, it is not placed in that category.
|
| 59. |
The Radbaz states that even if the person taking the oath knows that the sun is larger than the earth, he is not liable for taking an oath that is smaller, for people at large do not know this fact.
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Audio: Listen | Download• Sanhedrin veha`Onashin haMesurin lahem - Chapter 13
Halacha 1
When a person is sentenced to death, he is taken out of the court and led to the place of execution. One person stands at the entrance to the court with flags in his hands and a horse distant from him. An announcement is made before him: "So-and-so is being taken to be executed in this-and-this manner, because he violated this prohibition, in this place at this time. So-and-so and so-and-so are the witnesses. If there is anyone who knows a rationale leading to his acquittal, let them come and tell us."
If a person says: "I know a rationale that leads to his acquittal," the person with the flags waves them and the rider on the horse races to bring the defendant back to the court. If a factor leading to his acquittal is found, he is released. If not, he is taken back for execution.
If the defendant himself says: "I know a rationale that leads to my acquittal," even though there is no substance to his words, he is returned to the court once or twice. We suspect that perhaps out of fear, he could not present his arguments and when he is returned to the court, he will be composed and will state a substantial reason for acquittal.
If they return him to the court, and it is discovered that his words are without substance, for a third time, he is taken to be executed. If on this third occasion, he also says: "I know a rationale that leads to my acquittal," we return him to the court - even several times - if his words are substantial. For this reason, two scholars are sent to accompany him and listen to his statements on the way. If his words are of substance, he is returned to the court. If not, he is not returned.
If an argument leading to his acquittal is not discovered, he is brought out for execution. The witnesses are the ones who execute him in the manner for which he is liable. When a murderer is not executed by his witnesses, all other people are obligated to execute him.
Approximately ten cubits from the place of execution, he is told to confess. For all those who are executed should confess. For if they confess, they receive a portion in the world to come. If he does not know how to confess, we tell him: "Say 'may my death atone for my sins.' Even if he knows that he was the victim of false testimony, he should confess in this manner.
Halacha 2
After he confessess, he is given a granule of frankincense dissolved in a cup of wine, so that he will lose control of his mind and become drunk. Afterwards, he is executed in the manner for which he is liable.
Halacha 3
The wine, the frankincense, the stone used to execute a person stoned to death, the sword used to decapitate a defendant, the cloth use for strangulation, the pole on which a blasphemer or an idolater is hung after being executed, the flags that are waved before those being executed, and the horse that runs to save him all are paid for from communal funds. Anyone who wants to donate them may donate them.
Halacha 4
The court does not attend the funeral of the executed person. Whenever a court has a person executed, they are forbidden to eat for the remainder of that entire day.. This prohibition is included in the interdiction (Leviticus 19:26): "Do not eat upon the blood." A meal of comfort is not given the relatives of those executed by the court. This too is derived from the above verse. These acts are forbidden, but they are not punishable by lashes.
Halacha 5
When a person is held liable for the death penalty during Chol HaMoed, the court prolong their analysis of his judgment. The judges eat and drink. Afterwards, shortly before sunset, they conclude the judgment and have him executed.
Halacha 6
Mourning rites are not held for those executed by the court. Their relatives come and inquire about the well-being of the witnesses and the well-being of the judges to show that they have no bad feelings against them in their hearts and that they acknowledge that their judgment was true. Although they do not observe the mourning rites, they do observe aninut. For aninut is solely a reflection of the feeling in one's heart.
Halacha 7
When a person was sentenced in one court, fled, and brought to another court, we do not reopen his case. Instead, wherever two people will arise and state: "We testify that this person was sentenced to death in this court and that so-and-so and so-and-so are those who testified against him," he is executed.
When does the above apply? To a murderer. Other people who are obligated to be executed are not given that punishment until the witnesses who originally testified against them come and testify that they were sentenced to death. The witnesses must then execute the convicted themselves. The above applies provided testimony is given in a court of 23 judges.
Halacha 8
When a person was sentenced to death by a court in the diaspora and fled to a court in Eretz Yisrael, we reopen his case at least. If he comes before the same court who sentenced him in the diaspora, we do not reopen his case, even though they sentenced him in the diaspora and now they are in Eretz Yisrael.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 14
Halacha 1
Four types of execution were given to the court: stoning, burning, decapitation with a sword, and strangulation. Stoning and burning are explicitly mentioned in the Torah. Moses our teacher taught that whenever the Torah mentions the death sentence without any further description, the intent is strangulation. When a person kills a colleague, he should be decapitated. Similarly, the inhabitants of a city that goes astray are executed by decapitation.
Halacha 2
Every one of these forms of execution involves a positive commandment for the court to execute a person with the form of death for which he is liable. A king has permission to execute using only one of them - by decapitation.
Halacha 3
Whenever a person is obligated to be executed and the court did not execute him, the judges negated the observance of a positive commandment, but do not transgress a negative commandment. There is one exception: a sorcerer. If they do not kill him, they violate a negative commandment, as Exodus 22:17states: "Do not allow a sorcerer to live."
Halacha 4
Stoning to death is a more severe form of execution than burning. Burning is a more sever form than decapitation, and decapitation is more sever than strangulation.
When a person is liable to be executed with two different forms of execution, he should be executed with the more severe form. This applies whether he committed two transgressions, one after the other, or he committed one transgression which involved two death penalties. Even if he was sentenced to be executed for the less severe form of execution and afterwards, committed a transgression punishable by the more severe form, should he be convicted, he is executed in the more severe manner.
Halacha 5
Both men and women are executed in these four manners.
Halacha 6
Whenever people who are all liable to be executed are mixed together, each one of them is executed in the less severe manner.
Halacha 7
When a person who has been sentenced to death becomes mixed together with others and it is unable to distinguish him from them, and similarly, when a person who was not convicted becomes mixed together with others who have been convicted and sentenced to death and it is unable to distinguish him from them, they are all released from liability. The rationale is that we complete the judgment of a person only when he is present.
Halacha 8
When a convicted person fights for his life and it is impossible for the court to have him bound so that he can be executed in the manner in which he is obligated to die, the witnesses should kill him in any manner they can, for he has been sentenced to death. No one else, however, has the right to kill him first.
For this reason, if the hands of the witnesses are cut off, the convicted person is released. If, however, at the outset, the witnesses did not have hands, the convicted person should be executed by others.
When does the above apply? To all people who are liable to be executed by the court with the exception of a murderer. When, however, a murderer has been sentenced by the court every person should pursue him using any means possible to kill him until he is executed.
Halacha 9
All of the people executed by the court should not be buried in their family plots together with the entire Jewish people. Instead, the court sets aside two different burial plots: one for those who are stoned and those who are burnt, and the other for those who are decapitated and strangled. This is a halachah conveyed by the Oral Tradition.
When the flesh of the corpse decomposes, they would gather the bones and rebury them in their ancestral plots. The relatives may make a coffin and shrouds in which to rebury the bones.
Halacha 10
The court must be very patient with regard to laws involving capital punishment and ponder the matter without being hasty. Whenever a court executes a person once in seven years, it is considered a savage court. Nevertheless, if it happens that they must execute a person every day, they do. They do not, however, judge two cases involving capital punishment on the same day. Instead, one is judged immediately, and the other on the following day.
If, however, the two people committed the same sin and are punished with the same form of execution, e.g., a man and a woman who committed adultery, we judge both of them on the same day. Therefore if an adulterer had relations with the daughter of a priest, since he is executed by strangulation and she is burnt to death, they are not executed on the same day.
Halacha 11
Cases involving capital punishment are adjudicated only when the Temple is standing. It is also necessary that the High Court hold its sessions in the Chamber of Hewn Stone in the Temple. This is derived from the statements ofDeuteronomy 17:12 with regard to a rebellious elder: "who refuses to heed the priest." According to the Oral Tradition, it was taught: "At a time when there is a priest offering sacrifices on the altar, cases involving capital punishment are adjudicated." This applies provided the court is holding sessions in its place.
Halacha 12
At the outset, when the Temple was constructed, the Supreme Sanhedrin would hold session in the Chamber of Hewn Stone in the Courtyard of the Israelites. The place where the judges would sit was not consecrated. For only kings of the House of David were permitted to sit in the Temple Courtyard.
When the moral character of the Jewish people declined, the Sanhedrin went in exile. They traveled to ten different places in exile, the last being Tiberias. Afterwards, until the present age, the Supreme Sanhedrin has never been convened. And it is an accepted tradition, that in the future, the Sanhedrin will first convene in Tiberias, and from there, they will proceed to the Temple.
Halacha 13
40 years before the destruction of the Temple, capital punishment was nullified among the Jewish people. Although the Temple was still standing, since theSanhedrin went into exile and were not in their place in the Temple, these laws could not be enforced.
Halacha 14
In the era when cases involving capital punishment were adjudicated in Eretz Yisrael, such cases could also be adjudicated in the diaspora, provided the members of that court received semichah in Eretz Yisrael. As we have already stated, the Sanhedrin exercises judicial authority in Eretz Yisrael and in the diaspora.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 15
Halacha 1
How is the mitzvah of stoning carried out? Four cubits from the place of execution, we remove the clothes of the person to be stoned; we do, however, cover his sexual organ in front. A woman is not executed naked. Instead, she is allowed to wear one cloak.
The place of execution was two storeys high. The convicted person ascends there with his hands tied, together with his witnesses. One of the witnesses pushes him at his loins from behind, he falls over, landing on his heart on the ground. If he dies because of this, they have fulfilled their obligation, for Exodus 19:13 states: "Or he will be cast down or stoned," creating an equation between a person who has a stone fall upon him with one who himself falls on the earth.
If he does not die after this fall, the witnesses pick up a stone that is so large it requires two people to carry it. The second witness lets go and the first casts the stone on the convicted person's heart. If he dies because of this, they have fulfilled their obligation. If not, he should be stoned by the entire Jewish people, as Deuteronomy 17:7 states: "The hand of the witnesses shall be raised up against him first to execute him, and the hand of the entire nation afterwards."
Halacha 2
An idolater should be stoned at the gateway to the place where he performed the transgression. If the majority of the population of a city are gentiles, he should be stoned at the entrance to the court. This concept has been conveyed by the Oral Tradition. The term "to your gates" where Deuteronomy 17:8 states that an idolater should be executed refers to the gate where he performed the transgression and not the gate where he was sentenced.
Halacha 3
The mitzvah of executing a person by burning is performed as follows: The convicted is placed in fertilizer until his knees. A firm cloth is placed within a soft cloth and they are wound around his neck. The two witnesses are positioned on either side and each pull the cloths toward himself until the convicted opens his mouth. Tin, lead, and the like are melted down and then poured into his mouth. The molten metal descends and burns his innards.
Halacha 4
The mitzvah of decapitation is performed as follows: We cut of his head with a sword as the kings do.
Halacha 5
The mitzvah of executing a person by strangulation is performed as follows: The convicted is placed in fertilizer until his knees. A firm cloth is placed within a soft cloth and they are wound around his neck. Each of the two witnesses pulls the cloths toward himself until the convicted expires.
Halacha 6
It is a positive commandment to hang a blasphemer and an idolater after they have been executed, as implied by Deuteronomy 21:23: "A person who is hung is cursing God." This refers to the blasphemer. With regard to an idolater,Numbers 15:30 states: "He blasphemes God."
A man is hung, but a woman is not hung, as implied by Deuteronomy 21:22: "When a man has sinned and is condemned to die, after he is executed, you shall hang him...."
Halacha 7
How is the mitzvah of hanging carried out? After the convicted is stoned, a beam is implanted in the ground with a rafter protruding from it. The two hands of the corpse are intercrossed and he is hung close to sunset.
He is released immediately. If not, a negative commandment is transgressed, as Ibid.:23 states: "Do not let his corpse tarry overnight on the beam."
Halacha 8
It is a positive mitzvah to bury the persons executed by the court on the day of their execution, as Ibid. states: "For you shall surely bury him on that day."
Not only those executed by the court, but anyone who leaves a deceased overnight without burying him transgresses a negative commandment. If, however, a burial is delayed overnight to honor the deceased, e.g., to bring a coffin or shrouds, there is no transgression.
Halacha 9
We do not hang a person on a tree that is still growing from the ground, only from one which has been detached. In this way, the tree will not have to be chopped down before the person's burial. For the tree on which the executed is hung is buried with him, so that it will not be an unfavorable remembrance, causing people to say: "This is the tree on which so-and-so was hung."
Similarly, the stone, the sword, and the cloths used for execution are all buried near the deceased, but not in his actual grave.
Halacha 10
The Torah mentions18 people who are executed by stoning. They are: a) a person who engages in relations with his mother, b) with his father's wife, c) his daughter-in-law, d) a maiden who was consecrated, e) a man involved in homosexual relations, f) a man who sodomizes an animal, g) a woman who has relations with an animal, h) a blasphemer, i) an idolater, j) a person who gives his descendants to Molech, k) a person who divines with an ov, l) a person who divines with an yidoni, m) a person who entices others to worship idols, n) the people who lead a city to idol worship, o) a sorcerer, p) a person who desecrates the Sabbath, q) a person who curses his father or his mother, and r) a wayward and rebellious son.
Halacha 11
There are 10 people who are executing by burning: a) a priest's daughter who commits adultery, b) a person who has relations with his daughter, c) with his daughter's daughter, d) with his son's daughter, e) with his wife's daughter, f) with the daughter of his wife's daughter, g) with the daughter of his wife's son, h) with his mother-in-law, i) with the mother of his mother-in-law, and j) with the mother of his father-in-law.
The latter prohibitions apply if the man has relations with them during his wife's lifetime. After his wife's death, these relations are punishable by kerait alone like other incestuous relationships.
Halacha 12
There are two who are decapitated: a murderer, and the inhabitants of a city enticed to idolatry.
Halacha 13
There are six who are executed by strangulation: a) an adulterer, b) a person who wounds his father or mother, c) a person who kidnaps a fellow Jew, d) a rebellious elder, e) an a false prophet, and f) a person who prophecies in the name of a false deity.
Thus the court executes individuals for a totality of 36 prohibitions.
• English Text | Video Class• Tuesdah, Cheshvan 14, 5776 · 27 October 2015
"Today's Day"
Friday Cheshvan 14 5704
Torah lessons: Chumash: Vayeira, Shishi with Rashi.
Tehillim: 72-76.
Tanya: Now, while the (p. 567) ...found - believe it." (p. 569).
"From G-d are man's steps established."1 Every one of Israel has a spiritual mission in life - which is to occupy himself with the work of construction, to make a "dwelling-place" for G-d. Every one, regardless of his station or location, must, through an exhaustive search, seek out a spiritual livelihood with all the intensity of his strength, just as he seeks a material livelihood.
This is so because, (as the above verse concludes) "he desires His (G-d's) way."2 As it is written of Avraham: "For I know and love him because etc. and they will keep the way of Havayeh."3 There are two "ways": The way of nature and the way that transcends nature. G-d created the universe in such a way that, in man's eyes, it appears to follow a set pattern of nature; this is the "way" of Elokim.4 Torah and Mitzvot are the "way" of Havayeh, drawing that which transcends nature into nature. By virtue of this (conduct of Israel) G-d endows Israel from that which is beyond nature into the natural.
FOOTNOTES
1. Tehillim 37:23.
2. The simple meaning of the phrase is that G-d desires man's way.
3. Bereishit 18:19.
4. See Tishrei 3 and footnotes.• Daily Thought:
The Unnatural Nature of Things
He could have made a world where the nature of each thing may be deduced from its parts. A predictable, orderly world. A world devoid of wonder.
And then we would say, “Things are this way because they must be this way.” G‑d would be a stranger in His own world.
Instead, at each step a whole new world emerges, one we could never have predicted from anything we knew before. Until we must conclude that our finite world somehow contains infinite possibilities, that both nothing and everything is possible, that things are the way they are only because He desires they be that way.
He has made our world wondrous, so that it has room for Him.
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