Today in Jewish History:
• Passing of Mattityahu (139 BCE)
In the 2nd century before the common era, the Holy Land was ruled by the Seleucids (Syrian-Greeks) who, with the collaboration of the Jewish Hellenists, introduced pagan idols into the Holy Temple and set about to forcefully Hellenize the people of Israel. Mattityahu, the son of the High Priest Yochanan, was already an old man when he picked up a sword and raised the flag of revolt in the village of Modiin in the Judean hills. Many rallied under his cry, "Who that is for G-d, come with me!" and resisted and battled the Greeks from their mountain hideouts.
After heading the revolt for one year, Mattityahu died on the 15th of Cheshvan of the year 3622 from creation (139 BCE). His five sons -- the "Macabees" Judah, Yochanan, Shimon, Elazar and Yonatan -- carried on the battle to their eventual victory, celebrated each year since by Jews the world over with the festival of Chanukah.
Links: VirtualChanukah.com; a Chanukah anthology
• Kristallnacht (1938)
On this night in 1938 and continuing into the next day -- November 9 on the secular calendar -- the Nazis coordinated vicious pogroms against the Jewish community of Germany. Encouraged by their leaders, rioters attacked and beat Jewish residents, burned and destroyed 267 synagogues, vandalized 7,500 Jewish businesses, and ransacked countless Jewish cemeteries, hospitals, schools, and homes, while police and firefighters stood by. Ninety-one Jews were killed and 20,000 others were deported to concentration camps.
These pogroms, which collectively came to be known as Kristallnacht (“night of broken glass,” referring to the thousands of windows that were broken) were a turning point after which Nazi anti-Jewish policy intensified.
Daily Quote:
Forty days before the fetus is formed a heavenly voice announces, "The daughter of so-and-so shall marry so-and-so"[The Talmud]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayeira, 4th Portion Genesis 19:21-21:4 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 77 - 78
• Hebrew text
• English text• Chapter 77
1. For the Conductor, on the yedutun,1 by Asaph, a psalm.
2. [I raise] my voice to God and cry out; [I raise] my voice to God and He will listen to me.
3. On the day of my distress I sought my Lord. My wound oozes at night and does not abate; my soul refuses to be consoled.
4. I remember God and I moan; I speak and my spirit faints, Selah.
5. You grasped my eyelids; I am broken, I cannot speak.
6. I think of olden days, of ancient years.
7. During the night I recall my music, I meditate with my heart, and my spirit searches:
8. Is it for eternity that my Lord forsakes [me], nevermore to be appeased?
9. Has His kindness ceased forever? Has He sealed the decree for all generations?
10. Has God forgotten mercy? Has He in anger restrained His compassion forever?
11. I said, "It is to ter- rify me that the right hand of the Most High changes.”
12. I remember the deeds of Yah, when I remember Your wonders of long ago.
13. I meditate on all Your works, and speak of Your deeds.
14. O God, Your way is in sanctity; what god is as great as God?
15. You are the God Who works wonders; You make Your might known among the nations.
16. You redeemed Your people with a mighty arm, the children of Jacob and Joseph, Selah.
17. The waters2 saw You, O God, the waters saw You and trembled; even the deep shuddered.
18. The clouds streamed water, the heavens sounded forth, even Your arrows flew about.
19. The sound of Your thunder was in the rolling wind; lightning lit up the world; the earth trembled and quaked.
20. Your way was through the sea, Your path through the mighty waters; and Your footsteps were not known.3
21. You led Your people like a flock, by the hand of Moses and Aaron
Chapter 78
This psalm recounts all the miracles that God wrought for Israel, from the exodus of Egypt to David's becoming king over Israel.
1. A maskil1 by Asaph. Listen, my people, to my teaching; incline your ear to the words of my mouth.
2. I will open my mouth with a parable, I will utter riddles of long ago;
3. that which we have heard and know [to be true], and that our fathers have told us.
4. We will not withhold from their children, telling the final generation the praises of the Lord, and His might, and the wonders He has performed.
5. He established a testimony in Jacob, and set down the Torah in Israel, which He commanded our fathers to make known to their children,
6. so that the last generation shall know; children yet to be born will rise and tell their children,
7. and they shall put their hope in God, and not forget the works of the Almighty; and they shall guard His commandments.
8. And they shall not be like their fathers, a wayward and rebellious generation, a generation that did not set its heart straight, and whose spirit was not faithful to God.
9. The children of Ephraim, armed archers, retreated on the day of battle.2
10. They did not keep the covenant of God, and refused to follow His Torah.
11. They forgot His deeds and His wonders that He had shown them.
12. He performed wonders before their fathers, in the land of Egypt, in the field of Zoan.3
13. He split the sea and brought them across; He erected the waters like a wall.
14. He led them with a cloud by day, and all night long with the light of fire.
15. He split rocks in the wilderness, and gave them to drink as if from the abundant depths.
16. And He brought forth flowing waters from the rock, and caused waters to descend like rivers.
17. Yet they again continued to sin against Him, to provoke the Most High in the parched land.
18. And they tested God in their hearts, by requesting food for their craving.
19. They spoke against God; they said, "Can God set a table in the wilderness?
20. True, He hit the rock and waters flowed, streams gushed forth; but can He also give bread? Will He prepare meat for His people?”
21. And so the Lord heard and was enraged; a fire was kindled against Jacob; wrath, too, flared against Israel.
22. For they did not believe in God and did not trust in His salvation,
23. [though] He had commanded the skies above, and opened the doors of heaven.
24. He had rained upon them manna to eat, and given them grain of heaven.
25. Man ate the bread of angels; He sent them [enough] provisions to satiate.
26. He drove the east wind through the heaven, and led the south wind with His might.
27. He rained meat upon them like dust, winged birds like the sand of seas;
28. and He dropped them inside His camp, around His dwellings.
29. And they ate and were very satiated, for He brought them their desire.
30. They were not yet estranged from their craving, their food was still in their mouths,
31. when the wrath of God rose against them and slew their mighty ones, and brought down the chosen of Israel.
32. Despite this, they sinned again, and did not believe in His wonders;
33. so He ended their days in futility, and their years in terror.
34. When He slew them they would seek Him, they would return and pray to God.
35. They remembered that God is their rock, God the Most High, their redeemer.
36. But they beguiled Him with their mouth, and deceived Him with their tongue.
37. Their heart was not steadfast with Him; they were not faithful to His covenant.
38. Yet He is compassionate, pardons iniquity, and does not destroy; time and again He turns away His anger, and does not arouse all His wrath.
39. He remembered that they were but flesh, a spirit that leaves and does not return.
40. How often they provoked Him in the desert, and grieved Him in the wasteland!
41. Again and again they tested God, and sought a sign from the Holy One of Israel.
42. They did not remember His hand, the day He redeemed them from the oppressor;
43. that He set His signs in Egypt, and His wonders in the field of Zoan.
44. He turned their rivers to blood, and made their flowing waters undrinkable.
45. He sent against them a mixture of beasts which devoured them, and frogs that destroyed them.
46. He gave their produce to the grasshopper, and their toil to the locust.
47. He killed their vines with hail, and their sycamores with biting frost.
48. He delivered their animals to the hail, and their livestock to fiery bolts.
49. He sent against them His fierce anger, fury, rage, and affliction; a delegation of messengers of evil.
50. He leveled a path for His anger, and did not spare their soul from death; He delivered their animals to pestilence.
51. He struck every firstborn in Egypt, the first fruit of their strength in the tents of Ham.4
52. He drove His nation like sheep, and guided them like a flock in the desert.
53. He led them in security and they did not fear, for the sea covered their enemies.
54. And He brought them to the boundary of His holy place, this mountain which His right hand acquired.
55. He drove out nations before them, and allotted them an inheritance [measured] by the cord; He settled the tribes of Israel in their tents.
56. Yet they tested and defied God, the Most High, and did not keep His testimonies.
57. They regressed and rebelled like their fathers; they turned around like a deceptive bow.
58. They angered Him with their high altars, and provoked Him with their idols.
59. God heard and was enraged, and He was utterly disgusted with Israel;
60. And He abandoned the Tabernacle of Shilo, the Tent where He had dwelled among men.
61. He put His might into captivity, and His glory into the hand of the oppressor.
62. He delivered His nation to the sword, and was enraged with His inheritance.
63. Fire consumed His young men, and His maidens had no marriage song.
64. His priests fell by the sword, and their widows did not weep.5
65. And the Lord awoke like one who had been asleep, like a warrior shouting [to sober himself] from wine.
66. He beat His enemies into retreat, and dealt them eternal disgrace.
67. He was disgusted with the tent of Joseph, and did not choose the tribe of Ephraim.
68. He chose the tribe of Judah, Mount Zion which He loves.
69. And He built His Sanctuary [permanent as] the heavens; like the earth, He established it forever.
70. And He chose David His servant, and took him from the sheep corrals.
71. From following the nursing ewes, He brought Him to shepherd His nation Jacob, Israel His inheritance.
72. And he tended them with the integrity of his heart, and led them with the skill of his hands.
Tanya: Iggeret HaKodesh, middle of Epistle 27• Lessons in Tanya
• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Wednesday, Cheshvan 15, 5776 · October 28, 2015
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Wednesday, Cheshvan 15, 5776 · October 28, 2015
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 27
והנה, בהיות הצדיק חי על פני האדמה, היו שלש מדות אלו בתוך כלי ולבוש שלהם
Now, while the tzaddik was alive on earth, these three attributes were contained in their vessel and garment
בבחינת מקום גשמי, שהיא בחינת נפש הקשורה בגופו
on the plane of physical space, this being the aspect of the Nefesh which is bound to his body.
וכל תלמידיו אינם מקבלים רק הארת מדות אלו, וזיון
During his lifetime his disciples all receive only a reflection of these attributes, and a ray from them
המאיר חוץ לכלי זה, על ידי דבוריו ומחשבותיו הקדושים
that radiates beyond this vessel (i.e., the tzaddik’s body) by means of his holy utterances and thoughts.
The tzaddik’s utterances and thoughts are able to reveal no more than a minor ray of his attributes.
ולכן אמרו רז״ל, שאין אדם עומד על דעת רבו וכו׳
That is why our Sages, of blessed memory, said1 that “one cannot plumb the depth of his master’s teachings [until the passage of forty years].”
אבל לאחר פטירתו, לפי שמתפרדים בחינת הנפש שנשארה בקבר מבחינת הרוח שבגן עדן, שהן שלש מדות הללו
But after [the tzaddik’s] passing, since the Nefesh — which remains in the grave — is separated from theRuach, which comprises these three attributes and [after his passing] is in the Garden of Eden,
The three attributes, now unbounded by the body, are in the Garden of Eden, a spiritual space whose atmosphere surrounds every individual in this world, as the Alter Rebbe will presently explain.
לפיכך יכול כל הקרוב אליו לקבל חלק מבחינת רוחו שבגן עדן
whoever is close to him can receive a part of his Ruach which is in the Garden of Eden, i.e., an actual part of the very essence of these attributes, as opposed to a mere reflection of them,
הואיל ואינה בתוך כלי, ולא בבחינת מקום גשמי
because [the Ruach of the tzaddik] is [now] not within a vessel, nor on the plane of physical space, but in the Garden of Eden, which as will now be explained, is to be found within this world as well.
כנודע מאמר רז״ל על יעקב אבינו, עליו השלום, שנכנס עמו גן עדן
For, as is known, our Sages,2 of blessed memory, said of our father Jacob, peace be to him, that “the Garden of Eden entered with him” when he came to be blessed by his father Isaac.
וכן כתוב בספר עשרה מאמרות, שאויר גן עדן מתפשט סביב כל אדם
Likewise it is stated in Asarah Maamarot3 that the atmosphere of the Garden of Eden envelops every individual,
ונרשמים באויר זה, כל מחשבותיו ודבוריו הטובים בתורה ועבודת ה׳
and in this atmosphere are recorded all his good thoughts and utterances of Torah and divine worship;
(וכן להיפך, חס ושלום, נרשמים באויר המתפשט מגיהנם סביב כל אדם)
(4and likewise to the contrary, heaven forfend: [negative thoughts and utterances] are recorded in the atmosphere from Gehenna which envelops every individual [when he engages in them].
To summarize: After the tzaddik’s passing, his power and his faith, his awe and his love, are not limited by his bodily vessel and by the physical world in general, but are in the Garden of Eden, which is to be found in this world as well.
הלכך נקל מאד לתלמידיו לקבל חלקם מבחינת רוח רבם העצמיות, שהם אמונתו ויראתו ואהבתו אשר עבד בהם את ה׳
It is therefore very easy for his disciples to receive their part of the essential aspects of their master’sRuach, i.e., his faith, his awe and his love with which he served G‑d,
ולא זיוום בלבד המאיר חוץ לכלי
and not merely a glimmer thereof which radiates beyond the vessel, and which reached them through his thoughts and words when the tzaddik was still alive.
לפי שבחינת רוחו העצמית מתעלה, בעילוי אחר עילוי
For the essential aspect of his Ruach — his essential faith, awe and love that relate to himself and not to his disciples — is raised, elevation beyond elevation,
להכלל בבחינת נשמתו שבגן עדן העליון, שבעולמות העליונים
to become absorbed in his Neshamah which is in the Higher Garden of Eden, in the supreme worlds.
ונודע שכל דבר שבקדושה אינו נעקר לגמרי מכל וכל ממקומו ומדרגתו הראשונה, וגם לאחר שנתעלה למעלה למעלה
Now it is known5 that no holy entity is ever totally and utterly uprooted from its original place and level, even after it has reached the highest point.
Rather, some trace of it always remains in its original lowly location. Moreover, as noted above, the Lower Garden of Eden is to be found even in the lowly World of Asiyah.
ובחינה זו הראשונה, שנשארה למטה בגן עדן התחתון, במקומו ומדרגתו הראשונה
Thus it is this original aspect deriving from the Ruach of the tzaddik, remaining below in the Lower Garden of Eden in its original place and level,
היא המתפשטת בתלמידיו
which extends itself among his disciples,
For this aspect has detached itself from the essential aspect of the Ruach of the tzaddik; its entire purpose is to be vested within his disciples.
כל אחד לפי בחינת התקשרותו וקרבתו אליו, בחייו ובמותו, באהבה רבה
each one according to the level of his bond and closeness to [the tzaddik], during his lifetime and after his passing, out of an abounding love.
כי המשכת כל רוחניות אינה אלא על ידי אהבה רבה
For anything spiritual is elicited only by means of an abounding love.
And when this degree of love is present, the three attributes of faith, fear and love are then drawn down.
כמו שכתוב בזהר הקדוש, דרוח דרעותא דלבא אמשיך רוח מלעילא
Thus it is stated in the sacred Zohar6 that the spirit (Ruach) of the inner heart’s desire, elicits a spirit from above —
So, too, the disciple’s heartfelt love for his master draws down these three attributes —
רק אם יכון לקראת אלקיו, בהכנה רבה ויגיעה עצומה
but only if he will prepare himself towards his G‑d7 with a great preparation and intense effort,
As explained by an unnamed elder chassid quoted in Likkutei Haggahot, “great preparation” refers to the preparation of the soul; “intense effort” refers to the toil of the body.
לקבל שלש מדות הללו כדרך שהורהו רבו, וכמאמר רז״ל: יגעת ומצאת, תאמין
so that he will receive these attributes in the way that his master taught him. [To paraphrase] the words of our Sages, of blessed memory,8 “If you have labored and [claim to have] found, believe it.”
As explained by the Rebbe Rayatz,9 “Only if he will prepare himself towards his G‑d with a great preparation and intense effort,” means that every man’s task is to vest this faith, awe and love within his physical everyday life in his observance of Torah and mitzvot.
It would also seem from the continuation of his explanation, that the meaning of “If you have labored..., believe it,” is that the individual then gains a great deal more than what he actually labored for, very much like an unexpected find. Through his toil, “successive generations of offshoots” are bound up with their source within the “essential aspect of [the master’s] Ruach(i.e., his essential faith, awe and love that relate to himself and not to his disciples) [which] is raised, elevation beyond elevation, to become absorbed in his Neshamah which is in the Higher Garden of Eden, in the supreme worlds.” The disciples of the tzaddik thus benefit not only from his Ruach insofar as it remained in the Lower Garden of Eden, but also from his essential Ruach that was incorporated within his Neshamah that is found in the Higher Garden of Eden. Surely, this is a gain that far outstrips the individual’s effort. This level of energy, as the Rebbe Rayatz concludes, is not integrated internally within his disciples, but merely encompasses them in a transcendent manner. Nevertheless, it is so powerful that it enables even their “successive generations of offshoots” to produce unending generations of further offshoots.
The Rebbe Rayatz also states there that by toiling in the path that was handed down by their master, disciples cause his spiritual life of faith, awe and love to descend into the practicalities of their own divine service, Torah study and observance of the mitzvot. Through these labors, moreover, even the further disciples who are his “successive generations of offshoots” become connected with their source in the constantly ascending Ruach and Neshamah of the tzaddik who is in the Higher Garden of Eden.
* * *
| FOOTNOTES | |
| 1. | Avodah Zarah 5b; Rashi on Devarim 29:6. |
| 2. | Bereishit Rabbah 65:22; Zohar III, 84a. |
| 3. | Maamar Chikur Din 2:12. |
| 4. | Parentheses are in the original text. |
| 5. | Pardes, Shaar 14, sec. 1; Etz Chayim, Shaar 34, sec. 3; et al. |
| 6. | Cf. Zohar II, 162b, et al. |
| 7. | Cf. Amos 4:12. |
| 8. | Cf. Megillah 6b. |
| 9. | The maamar entitled Pizar Natan LaEvyonim 5692. |
• Sefer Hamitzvos:• English Text | Hebrew Text |
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• Today's Mitzvah
Wednesday, Cheshvan 15, 5776 · October 28, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 279
Pity for One who Murdered or Maimed
"And your eye shall not have pity"—Deuteronomy 19:21.
A judge may not have pity and show leniency on one who murdered or maimed another. He may not say, "This poor person unintentionally amputated his fellow's arm, or knocked out his eye," and then show leniency with regards to the requisite restitution. [And similarly with regards to showing mercy in a capital case.]
Full text of this Mitzvah »
Negative Commandment 277
Favoring an Indigent Defendant
"You shall not favor a poor man in his cause"—Exodus 23:3.
A judge may not have mercy on an indigent litigant and improperly rule in his favor. The judge may not think, "This litigant is poor, and both the rich person [who is suing him] and I are commanded to provide for his sustenance. I will therefore rule in his favor and he will thus have his needs met in an honorable fashion."
Rather, a judge may not differentiate between the wealthy and the destitute, and if the law calls for it, he must find the poor person guilty and require him to pay that which he owes.
Full text of this Mitzvah »
Negative Commandment 275
Favoring a Litigant
"You shall not honor an important person"—Leviticus 19:15.
A judge may not show favoritism to one of the litigants in the course of a trial, even if that individual is a highly respected and great person. The judge may not accord him honor or demonstrate any sign of favoritism whatsoever.
Full text of this Mitzvah »
Negative Commandment 278
Condemning an Evil Litigant
"You shall not pervert the judgment of the impoverished in his cause"—Exodus 23:6.
A judge is enjoined not to rule against a litigant due to the fact that he is known to be an evil sinner. In the words of our Sages, "An upright person and an evil person are standing before you in trial. You may not say, 'Since he is evil, I will rule against him.'"
(The Sages understand the word "impoverished" in the afore-cited verse as meaning "impoverished in good deeds.")
Full text of this Mitzvah »
Negative Commandment 273
Dispensing Proper Justice
"You shall do no unrighteousness in judgment"—Leviticus 19:15.
A judge is forbidden from distorting justice; he may not deviate from the Torah law regarding a case's verdict.
Full text of this Mitzvah »
Wednesday, Cheshvan 15, 5776 · October 28, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 279
Pity for One who Murdered or Maimed
"And your eye shall not have pity"—Deuteronomy 19:21.
A judge may not have pity and show leniency on one who murdered or maimed another. He may not say, "This poor person unintentionally amputated his fellow's arm, or knocked out his eye," and then show leniency with regards to the requisite restitution. [And similarly with regards to showing mercy in a capital case.]
Full text of this Mitzvah »
Pity for One who Murdered or Maimed
Negative Commandment 279
Translated by Berel Bell
The 279th prohibition is that a judge is forbidden from having pity on a murderer, or on having a person who caused someone loss of limb to pay the penalty. He should not say, "This person is poor, and he cut off the other person's hand or blinded his eye unintentionally," and therefore out of pity be lenient regarding the full payment of damages.
The source of this prohibition is G‑d's statement,1 "Do not have pity in such a case, [since you must take] a life for a life, a tooth for a tooth, a hand for a hand, and a foot for a foot." This prohibition is repeated in the verse,2 "Do not have pity on the [killer], and rid Israel of [those who shed] innocent blood."
FOOTNOTES
1.Deut. 19:21.
2.Ibid., 19:13.
_____________________________________Negative Commandment 277
Favoring an Indigent Defendant
"You shall not favor a poor man in his cause"—Exodus 23:3.
A judge may not have mercy on an indigent litigant and improperly rule in his favor. The judge may not think, "This litigant is poor, and both the rich person [who is suing him] and I are commanded to provide for his sustenance. I will therefore rule in his favor and he will thus have his needs met in an honorable fashion."
Rather, a judge may not differentiate between the wealthy and the destitute, and if the law calls for it, he must find the poor person guilty and require him to pay that which he owes.
Full text of this Mitzvah »
Favoring an Indigent Defendant
Negative Commandment 277
Translated by Berel Bell
The 277th prohibition is that a judge is forbidden from having pity on a poor person by favoring him unjustly in judgment. He must rather treat the rich and poor equally, and require them to pay whatever the judgment is.1
The source of this prohibition is G‑d's statement,2 "Do not favor [even] the poorest man in his lawsuit." This prohibition is repeated in the verse,3 "Do not give special consideration to the poor."
The Sifra4 says, "He should not say, 'He is poor, and since both I and the rich litigant are required to support him, I will rule in his favor, and he will be supported in an honorable way.' The Torah therefore says, 'Do not give special consideration to the poor.' "
FOOTNOTES
1.See Kapach, 5731, footnote 75.
2.Ex. 23:3.
3.Lev. 19:15.
4.Kedoshim 4:2.
_______________________________________Negative Commandment 275
Favoring a Litigant
"You shall not honor an important person"—Leviticus 19:15.
A judge may not show favoritism to one of the litigants in the course of a trial, even if that individual is a highly respected and great person. The judge may not accord him honor or demonstrate any sign of favoritism whatsoever.
Full text of this Mitzvah »
Favoring a Litigant
Negative Commandment 275
Translated by Berel Bell
The 275th prohibition is that a judge is forbidden from favoring one of the litigants during a trial. Even if he is very important and distinguished, he shall not accord him any honor when he comes to court with the other litigant, and not show him any special respect.
The source of this prohibition is G‑d's statement1 (exalted be He), "Do not show respect to the great."
The Sifra2 says, "One should not think, 'He is wealthy and from a distinguished family — how can I embarrass him and witness his shame?' Certainly [one who thinks this way] will not shame him. The Torah therefore says, 'Do not show respect to the great.' "
The details of this mitzvah are explained in many passages in tractates Sanhedrin and Shavuos.3
Negative Commandment 276
FOOTNOTES
1.Lev. 19:15.
2.[Kedoshim 4:3.
3.30a.
_______________________________________Negative Commandment 278
Condemning an Evil Litigant
"You shall not pervert the judgment of the impoverished in his cause"—Exodus 23:6.
A judge is enjoined not to rule against a litigant due to the fact that he is known to be an evil sinner. In the words of our Sages, "An upright person and an evil person are standing before you in trial. You may not say, 'Since he is evil, I will rule against him.'"
(The Sages understand the word "impoverished" in the afore-cited verse as meaning "impoverished in good deeds.")
Full text of this Mitzvah »
Condemning an Evil Litigant
Negative Commandment 278
Translated by Berel Bell
The 278th prohibition is that a judge is forbidden from tilting judgment against one of the litigants whom he knows to be a wicked transgressor. G‑d (exalted be He), prohibits punishing him by ignoring his merits.1
The source of this prohibition is G‑d's statement2 (exalted be He), "Do not pervert justice against a poor person in his lawsuit."
The Mechilta3 says, "If a wicked man and an honest man stand before him in judgment, he should not say, 'Since he is wicked, I will rule against him.' The Torah therefore says, 'Do not pervert justice against a poor person in his lawsuit,' referring to someone who is 'poor' in mitzvos." This means that although he is "poor" in mitzvos, one should not tilt the judgment against him.
FOOTNOTES
1.See Kapach, 5731, footnote 78, that the Rav Kook edition writes ivus hadin instead of ibud z'chuso. Chavel translates, "wresting judgment."
2.Ex. 23:6.
3.Ibid.
______________________________________Negative Commandment 273
Dispensing Proper Justice
"You shall do no unrighteousness in judgment"—Leviticus 19:15.
A judge is forbidden from distorting justice; he may not deviate from the Torah law regarding a case's verdict.
Full text of this Mitzvah »
Dispensing Proper Justice
Negative Commandment 273
Translated by Berel Bell
The 273rd prohibition is that a judge is forbidden from judging unjustly.
The source of this prohibition is G‑d's statement,1 "Do not pervert justice."
This prohibition means that the judge may not violate any rulings established by the Torah regarding when a person is guilty or innocent.
FOOTNOTES
1.Lev. 19:15.
Audio: Listen | Download | Video Class
• Shvuot - Chapter 6
Hayom Yom:
• English Text | Video Class• Wednesday, Cheshvan 15, 5776 · 28 October 2015
"Today's Day"
Shabbat Cheshvan 15 5704
Haftora: Ve'isha...b'na vateitsei
Torah lessons: Chumash: Vayeira, Shevi'i with Rashi.
Tehillim: 77-78.
Tanya: Now there is (p. 569) ...below the earth. (p. 571).
The soul above awaits the time it will be privileged to descend into a body. For the soul senses how much it can accomplish here below;1 it can attain the level of "delighting with G-d." So what is everyone waiting for?2
FOOTNOTES
1. In this physical world.
2. Why the procrastination in betaking ourselves to our avoda - when our souls waited impatiently just for this very chance!• Daily Thought:
Halacha 1
[The following rules apply when] a person took a sh'vuat bitui1 and [then] regretted having taken the oath. If he sees that he will suffer if he upholds this oath and his intent changes or a factor occurred that was not in his intent originally when he took the oath and he changed his mind because of this, he may appeal2 [to be released from his oath] from one sage3 - or from three ordinary people4 in a place where there are no sages. His oath is repealed and he is permitted to perform the matter that he took the oath not to do or not to do the matter that he took an oath to do. This is called the release of an oath.
Halacha 2
This provision has no source in the Written Law.5 Instead, we learned from Moses our teacher through the Oral Tradition that the phrase [Numbers 30:3]: "He should not desecrate his word" means that he himself should not abuse it in a frivolous and brazen manner, as [Leviticus 19:13] states: "[For] you will desecrate the name of Your God."6 Nevertheless, if a person changed his mind and retracted, a sage may release him [from the oath].7
Halacha 3
It is not possible for a person to release himself from his own oath. A person does not have the license to release an oath or a vow in a place where there is a person whose knowledge surpasses his own.8 In a place where his teacher is found, he may only release a vow with the consent of his teacher.
Halacha 4
The person who took the oath - whether male or female - must himself come before the sage to be released. He may not appoint an agent to seek that he be released from his vow.9 A husband may, however, become an agent to express his wife's regret and we release [the oath] for her.10 [This applies] provided the three judges had already gathered together. He should not, however, gather them together at the outset to release her [oath].11 Nor may he serve as an agent to have his wife's vow released.12
Halacha 5
How do we release [an oath]? The person who took the oath must come before the distinguished sage or three ordinary people if there is no expert.13 He says: "I took an oath concerning this and this and I have changed my mind. If I knew that I would feel such discomfort concerning this, I would not have taken the oath. If, at the time of the oath, my understanding was as it is now, I would not have taken the oath."
The wise man or the foremost among the three asks: "Have you already changed your mind?"
He answers: "Yes."
He then tells him: "It is permitted for you," "It is released for you," "It is absolved for you," or the like with this intent in any language.14
Halacha 6
Relatives are acceptable to release vows17 and oaths.18 [Oaths and vows] can be released at night19 and while standing,20 for this release is not a judgment.
For this reason, one may request a release of an oath or a vow on the Sabbath21 if it is necessary for the Sabbath,22 for example, to release his oath so that he can eat and drink today. Even if the person had the opportunity to have his oath or vow released before the Sabbath [and did not], he may have it released on the Sabbath, because it is necessary for the Sabbath.
Halacha 7
When Reuven administered an oath to Shimon and [Shimon] answered Amen23or accepted the oath, if Shimon [later] regrets the oath and asks for it to be released, it should not be released except in the presence of Reuven24 who administered it to him.25
Similarly, if Reuven took an oath or a vow not to benefit from Shimon or that Shimon may not benefit from him and changed his mind and appealed to a sage [for the oath or vow to be released], we do not release him from it except in the presence of Shimon from whom he had vowed not to benefit. Even if Shimon was a minor or a gentile,26 [the oath or vow] is released only in his presence so that the person concerning whom the vow was taken will know that the person had his vow or oath released and thus he will benefit from him.27
Halacha 8
Both a person who took an oath in private and one who took one in public - even one who took an oath in God's ineffable name, [swearing] by God, the Lord of Israel - may appeal for a release of his oath if he changes his mind.28
Halacha 9
What is implied? One took an oath and made his oath dependent on the understanding of others that he would not benefit from so-and-so at all and the people of that city needed someone to teach them the Torah, to circumcise their sons, or to perform ritual slaughter on their behalf and they only found this person,32 he may ask a sage or three ordinary persons [to release him from his oath]. We release his oath. He may perform these mitzvot on their behalf and he may receive his wage33 from the people concerning whom he had taken an oath that he would not benefit from them.
Halacha 10
[The following laws apply when] a person took an oath, did not regret it, and came to the court to carry out his oath. If the judges saw that releasing this oath will lead to a mitzvah and to peace between a husband and his wife or between a man and his associates and carrying it out will lead to transgression and strife, they encourage him [to take] the option [of having the oath released].34They discuss the matter with him, pointing out the consequences of his oath until he regrets [having taken it].35 If he changes his mind because of their words, we release his oath. If he does not change his mind and persists in his stubbornness, he must carry out his oath.
Halacha 11
What is implied? A person took an oath that he would divorce his wife, that Jews would not benefit from his property, that he would not eat meat or drink wine for thirty days or the like, they tell him: "My son, if you divorce your wife, you will cause malicious gossip to circulate concerning her children36 [for people] will say: 'Why was their mother divorced?' In the future, they will be called: 'the children of the divorcee.' [Moreover,] perhaps she will marry someone else and you will never be able to remarry her"37 and the like.38
[And they say:] "The oath you took that Jews should not benefit from your property [is not to your advantage]. Tomorrow, someone may be in need and [by maintaining your oath,] you will violate [the commandments]:39 "And your brother will live with you and you shall support him" [Leviticus 25:35-36] and "You shall surely open [your hand to him" [Deuteronomy 15:8].
[And they say:] "The oath you took not to eat meat or drink wine for thirty days [is not to your advantage]. [Within that time,] you will encounter a festival and nullify the happiness of the festivals and the pleasure of the Sabbath."40
If he says: "Were I to have known this, I would not have taken the oath," we release him [from the oath]. If he says: "Nevertheless, I have not changed my mind and I desire all of this," we do not release him [from the oath].
Halacha 12
We do not encourage one [to take] the option [of having the oath released] because of something that had not occurred [at the time the oath was taken].41
What is implied? One took an oath not to derive benefit from so-and-so and that person became the city scribe. Since the person did not regret taking the oath, we do not encourage him [to take] the option [of having the oath released]. Even if he himself said: "If I knew that [he would be given this position], I would not have taken this oath," we still do not release him from it. For he does not regret [having taken the oath]. Instead, his desire is that he should not derive benefit from him, but that person not to be appointed the scribe. If, however, on his own initiative, he regretted because of what took place and his intent changed,42 we do release the oath. Similar laws apply in all analogous situations.
Halacha 13
When a person takes an oath concerning a matter and then takes a [second] oath that he will never ask to have the [first] oath repealed, [if] he changes his mind, he must first ask that the second oath - that he would never ask to have the oath repealed - be repealed.43 Afterwards, he may ask that the first [oath] be repealed.
Halacha 14
[The following laws apply if] one took an oath that he would not speak to so-and-so and afterwards, took an oath that if he asks for the repeal of this oath and has it released, he will be forbidden to drink wine forever. If he changes his mind, he must first ask for the repeal of the first oath and have it released. Afterwards, he may ask for the repeal of the second oath. For we may not have a vow or an oath repealed before it takes effect.44 Accordingly, if during Nisan, a person took an oath that he will not eat meat for thirty days beginning at Rosh Chodesh Iyar, [should] he change his mind, he may not have the oath repealed until [the month of] Iyar begins.
Halacha 15
If a person takes an oath that he will not benefit from so-and-so and that he will not benefit from the sage who releases him from this oath, first he must ask for the repeal of the first [oath] and then for that of the second.45
Halacha 16
If a person takes an oath that he will not benefit from so-and-so and that he will become a nazirite if he asks for the repeal of this oath, first he must ask for the repeal of his oath and then for that of his nazirite vow.46 Similar laws apply in all analogous situations.
Halacha 17
[The following rules apply when a person says:] "I am taking [an oath that I will not eat today, [I am taking] an oath that I will not eat today, [I am taking] an oath that I will not eat today," or "With regard to this loaf, [I am taking] an oath that I will not eat it, [I am taking] an oath that I will not eat it, [I am taking] an oath that I will not eat it." If he asks for the repeal of the first oath and it is released, he is, nevertheless, liable for the second oath.47 Similarly, if he asks for the repeal of the second oath, he is liable for the third oath. If he asks for the repeal of only the third oath, he is liable for the first and second. [Similarly,] if he asks for the repeal of the second oath,48 he is liable for the first.
If so, what is the meaning of the statement: "An oath cannot take effect [when the matter it concerns is already forbidden] by an oath"? That if the person did not repeal [any of] the oaths and ate [the forbidden article], he would be liable only once, as we explained.49
Halacha 18
When a person takes a sh'vuat bitui regarding the future and violated his oath, e.g., he took an oath that he would not eat a loaf of bread and ate it, if he changes his mind, he may ask a sage to repeal it after eating it before bringing his sacrifice if he [ate it] inadvertently or before he was lashed if he did so willingly. [If the sage] releases the oath, he is exempt from the sacrifice or from the lashes. Moreover, even if they bound him [in preparation for lashes], he asked for the repeal of the oath and it was released before they began to administer lashes, he is exempt.50
| FOOTNOTES | |
| 1. |
Kiryat Sefer emphasizes that the concept of repealing an oath applies only with regard to a sh'vuat bitui that involves the future. With regard to a sh'vuat bitui that involves the past, an oath taken in vain, a sh'vuat hapikadon, or an oath regarding testimony, it does not apply. These oaths cannot be repealed for the transgression was performed at the time they were uttered.
More particularly, as the Radbaz explains, there is a difference between a sh'vuat bitui that involves the future and one that involves the past. For when taking a sh'vuat bitui that involves the past as well, as soon as one utters the oath it is false. Nevertheless, he states that it is customary to repeal even this oath to minimize one's punishment.
|
| 2. |
The Rambam uses the passive form, nishal, rather than the active form sho'el. Tosafot Yom Tov, Shabbat 24:5 explains that form is used because the person asked for the repeal of the oath is asked many questions by the sage.
|
| 3. |
The sage must be of unique distinction in Torah knowledge to be given the privilege of releasing oaths alone. Nevertheless, he need not have been granted the special semichah extending back to Moses our teacher. For the Torah does not describe the judges with the term elohim in the passage concerning oaths (Rabbenu Nissim).
|
| 4. |
In his Kessef Mishneh, Rav Yosef Caro maintains that the Rambam's words can be interpreted simply: Even three ordinary people can perform this function. The Radbaz, by contrast, maintains that the intent is three Torah scholars who are knowledgeable, but are not worthy of being called sages. In his Shulchan Aruch (Yoreh De'ah 228:1), Rav Caro, however, rules that the three men repealing the oath must be knowledgeable. He also states that in the present age, there are no sages of the stature to repeal an oath alone.
|
| 5. |
See Chagigah 10a which states: "The release of vows is hanging in the air and they have nothing to depend on."
|
| 6. |
That verse begins: "You shall not take a false oath in My name."
|
| 7. |
See also Chapter 12, Halachah 12.
|
| 8. |
This is an expression of respect for the greater scholar. The Radbaz states that he has not seen this restriction observed and question why this leniency is taken. If the greater scholar grants permission, the lesser scholar may release the oath [Shulchan Aruch (Yoreh De'ah 228:2)]. Nevertheless, after the fact, if a lesser scholar releases an oath even without permission, the release is binding.
|
| 9. |
Nor may he send a written request to the court (Radbaz). He may, however, use a translator [Jerusalem Talmud (Nedarim 10:8); Rama (Yoreh De'ah 228:16)].
|
| 10. |
For a husband and his wife are considered as the same person.
|
| 11. |
Nedarim 8b explains that if a person takes the effort to gather a court together, we fear that he will also exaggerate his wife's statements and the court's cross-examination of him will not be effective.
|
| 12. |
I.e., he may not serve as one of the three judges who release the vow [Radbaz; Shulchan Aruch(Yoreh De'ah 234:57)]. This interpretation resolves the objection raised by the Ra'avad. Since he is identified with his wife to the extent that he is considered as the same person, he cannot act objectively with regard to her issues.
|
| 13. |
See Halachah 1.
|
| 14. |
I.e., he need not make a formal statement in Hebrew.
In his Commentary to the Mishnah, Nedarim 10:8, the Rambam elaborates on this rite:
|
| 15. |
The Torah gave them this power. See Hilchot Nedarim, Chapter 13, for an explanation of this issue.
|
| 16. |
The Radbaz explains that the term "nullify" or "uproot" imply being overpowered by a stronger authority without reason. For the woman is placed under the control of her husband or father and with or without reason, he may nullify her oath even against her will. His authority overpowers the oath, as it were. "Permit," "release," or the like, by contrast, imply that a decision is made on the basis of logic and the oath is revoked as if it never existed. See also the Rambam's Commentary to the Mishnah, loc. cit., where he discusses the differences between these two terms.
|
| 17. |
Thus two relatives may sit on the same "court" that releases vows on the day preceding Rosh HaShanah.
|
| 18. |
Although they are not acceptable to serve on the same court with regard to cases of law.
|
| 19. |
In contrast to judgments of law which may be rendered only during the day.
|
| 20. |
In contrast to judgments that are rendered while sitting.
|
| 21. |
When it is forbidden to render judgments (Hilchot Shabbat 23:14).
|
| 22. |
If, however, it is not for the sake of the Sabbath, it may not be released on the Sabbath, because it is forbidden to perform any activity for the weekdays on the Sabbath (Radbaz). See Hilchot Nedarim 13:8 with regard to the nullification of vows and oaths by a husband or a father.
|
| 23. |
Which causes the oath to take effect, as stated in Chapter 2, Halachah 1.
|
| 24. |
The Shulchan Aruch (Yoreh De'ah 228:20) states that Reuven must "be notified." The Rama maintains that he must also consent to the oath being released. The Shulchan Aruch also states that this law applies only when the oath was taken in response to a favor the person performed for him.
|
| 25. |
Lest Shimon see Reuven not paying attention to the oath and think that he violated the Torah's prohibition. Alternatively, so that Reuven will be embarrassed and not treat oath and vows frivolously [Jerusalem Talmud (Nedarim 5:4)].
The Radbaz and the Hagahot Maimoniot state that, after the fact, if Reuven had the oath released outside Shimon's presence, the release is binding. The Radbaz, however, states that if the oath involves financial claims, the person in whose presence the oath was taken must be present.
|
| 26. |
Who are not obligated in the observance of mitzvot. Nedarim 65a states that since Moses took an oath in the presence of Jethro, his father-in-law, to stay in Midian, he had to have the oath nullified in Jethro's presence. At that time, Jethro was not Jewish.
|
| 27. |
The standard printed text of the Mishneh Torah concludes "or provide benefit for him." This appears to be a printing error; it is not found in manuscripts or early printings.
|
| 28. |
I.e., we do not say that since the respect due God's name will be compromised, the oath may not be released.
|
| 29. |
At least three (Radbaz, based on Gittin 46a).
|
| 30. |
The Tur and the Shulchan Aruch (Yoreh De'ah228:21) state that we may release the oath or vow if those people consent. The Rama states that the oath can never be released. The difference between these rulings depends on the rationale for this decision. Rabbenu Nissim explains that taking an oath based on the understanding of others reinforces the severity of the oath and prevents it from being repealed. Others explain that the person is merely substituting the others for himself. Just as ordinarily an oath is dependent on his own understanding, now it is dependent on that of others.
|
| 31. |
For we assume the others would agree not to enforce the oath when doing so would prevent the fulfillment of a mitzvah (Tosafot, Gittin 36a).
|
| 32. |
I.e., the person who took the oath.
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| 33. |
The Ra'avad objects to the Rambam's ruling, stating that he misinterpreted the passage fromGittin, loc. cit. The Ra'avad continues, explaining that in the situation described by the Rambam, it is preferable for the person to teach without charging a wage. Moreover, he is not responsible for the Torah education of those children and hence, the motivation to have the oath rescinded is not his.
The Kessef Mishneh supports the Rambam's ruling, noting (see Hilchot Talmud Torah 1:2) that a sage is obligated to teach all the students, not only the members of his family. The Radbaz explains that it is preferable that he work for a wage than do so gratuitously, for a person who does not receive a wage for his work will not apply himself sufficiently.
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| 34. |
I.e., they try to influence him to change his mind and express his regret.
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| 35. |
The Ma'aseh Rokeach explains that we are talking about a situation in which the person feels uncomfortable with keeping the oath in the future, but does not regret having made it. In such a situation, the oath cannot be repealed (see Shulchan Aruch (Yoreh De'ah 228:7). Therefore the court, as the Rambam illustrates, explains the negative consequences of the oath so that the person will feel genuine regret.
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| 36. |
I.e., people will spread rumors that the children were conceived out of adultery and are illegitimate.
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| 37. |
As stated in Hilchot Gerushin 11:12.
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| 38. |
For example, Nedarim 66b states that we warn him that paying the woman's ketubah is a significant expense.
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| 39. |
See Hilchot Matanot Aniyim 7:1 which mentions these obligations.
|
| 40. |
See Hilchot Shabbat 30:10; Hilchot Sh'vitat Yom Tov 6:16,18 which detail how partaking of these foods leads to the fulfillment of these mitzvot.
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| 41. |
The Ra'avad objects to the Rambam's ruling, explaining that we do encourage the person to ask for the repeal of an oath if the factor that caused the oath was a reasonable probability. To support his argument, he refers to Nedarim 64b which states that God encouraged Moses to nullify his vow not to return to Egypt, telling him that the people who caused him to flee had died. The Talmud explains that the individuals concerned, Datan and Aviram, had not actually died; they merely became impoverished and "a poor person is considered as if he died." Since poverty is a frequent occurrence, it was appropriate for God to encourage Moses to ask to have his oath repealed. The Radbaz explains that the Rambam would also accept this principle, but the Kessef Mishnehdiffers.
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| 42. |
I.e., he regretted taking the oath not to benefit from him, because he realized that he could become the city scribe.
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| 43. |
Otherwise, asking for the repeal of the first oath would violate the second oath (Kessef Mishneh).
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| 44. |
And the second oath will not take effect until the first oath is released. The Siftei Cohen 228:30 writes that even after the fact, an oath cannot be nullified until it takes effect.
This refers to the repeal of a vow or an oath by a sage. A father or a husband, by contrast, may nullify a vow before it takes effect. See Hilchot Nedarim 12:12.
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| 45. |
For as above, the second oath cannot be repealed until it takes effect. See the Radbaz who offers explanations why the Rambam includes this and the following halachah though seemingly they could easily be derived from the previous one.
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| 46. |
Even though it is a mitzvah, a nazirite vow can be repealed. See Hilchot Nazirut 3:10.
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| 47. |
For even though he is not liable for that second oath until the first oath is repealed, the second oath is not nullified. Instead, it is valid and thus can take effect after the first oath is nullified.
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| 48. |
The Rambam maintains that since this oath is prevented from taking effect only because of another oath, one can ask for it to be repealed. Based on this view, the Radbaz maintains that one may have all the relevant oaths repealed with one request. There are, however, other views (the Ramban), who maintain that since the second and third oaths have not taken effect, they cannot be repealed. The Shulchan Aruch (Yoreh De'ah 228:46) cites the Ramban's view, while the Siftei Cohen 228:110 mentions that of the Rambam.
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| 49. |
Chapter 4, Halachah 10.
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| 50. |
Once the court begins administering the lashes, the oath cannot be repealed (Radbaz)
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Audio: Listen | Download• Sanhedrin veha`Onashin haMesurin lahem - Chapter 16
Halacha 1
Just as it is a mitzvah to execute a person who is obligated to be executed; so, too, it is a positive commandment to give lashes to a person who is obligated to receive lashes, as Deuteronomy 25:2 states: 'And the judge should cause him to fall and will have him beaten in his presence.' Although transgressions punishable by lashes are adjudicated by three judges, lashes are equivalent to execution.
Halacha 2
Lashes are administered in the present age in any place, according to Scriptural Law in the presence of three judges who were given semichah. This punishment is not, however, administered in the presence of three ordinary people.
Halacha 3
All the lashes that are administered by the judges of the diaspora in every place are 'stripes for rebellious conduct.'
Halacha 4
A person is not punished by lashes unless his transgression was observed by witnesses and they administered a warning to him. The witnesses are questioned and cross-examined in the same manner as they are in cases involving capital punishment.
The following laws apply when a person transgresses a negative commandment that can be corrected by a positive commandment. Before the transgressor violates the negative commandment, witnesses must administer a warning, telling him: 'Do not perform this activity. If you perform it and do not fulfill the positive commandment associated with it, you will receive lashes.' If, after receiving such a warning, the transgressor violates the commandment and does not fulfill the positive commandment, he receives lashes. Although the warning involved uncertainty, - for if he fulfills the positive commandment, he will be released unpunished - an uncertain warning is considered as a warning.
Halacha 5
The following rules apply when a person performs a prohibited act that is punishable both by lashes and execution by the court, e.g., he slaughtered an animal and its offspring on the same day as a sacrifice to a false divinity. If he was warned that his act is punishable by execution, he is stoned to death and is not given lashes, for he is obligated for a more severe judgment. If he was given a warning only for lashes, he receives lashes.
Halacha 6
There is no need for the two witnesses who obligate a person for lashes, to observe other than at the time the transgression is committed. The prohibition itself, by contrast, can be established on the basis of one witness.
What is implied? One witness said: 'This substance is fat from the kidneys, 'These grapes were grown together with grain in a vineyard, 'This woman is a divorcee or a zonah." If a person partook of this food or had relations with these women after he was warned, he receives lashes, despite the fact that the essence of the prohibition was established by one witness.
When does the above apply? When he did not contradict the witness when he established the prohibition. If, however, he said: "This is not fat," "She is not a divorcee," and then he partook of the food or had relations with the woman after his denial, he does not receive lashes until the prohibition was established through the testimony of two witnesses.
Halacha 7
If the person remained silent when the one witness testifies to establish the prohibition, and after he violated the transgression and was warned, he issued a claim to contradict the witness, his words are not accepted. Instead, he receives lashes.
Halacha 8
How are lashes administered? The transgressor's two hands are bound to a pillar on either side. The community attendant takes hold of his clothes and pulls downward. If they tear at the front, that is satisfactory; if the tear at the sides, that is satisfactory. He continues until he uncovers his heart. The rationale is that he should not administer lashes on his garment, as indicated byDeuteronomy 25:2: "And he shall strike him," i.e., "him," and not his garment.
A stone is placed behind him. The attendant who administers the lashes stands on it. He holds a strap of calf's leather that is folded into two, and a second one, making four, and two straps of donkey leather attached to it that rise and descend with it.
The strap is a handbreadth wide and it is long enough to reach the transgressor's belly. The handle of the strap is a handbreadth wide.
Halacha 9
The man administering the lashes should be heavily endowed with knowledge and minimally endowed with physical power. He should lift up the strap with both his hands and strike him with one hand, with all his power.
He should strike him with a third of the lashes on his front, i.e., on his breast, between his nipples, and two thirds of the lashes on his back, one third on one shoulder and the other third on the other shoulder.
Halacha 10
The person receiving the lashes should not stand, nor should he sit. Instead, he should bend over as Deuteronomy 25:2 states: "The judge shall cast him down." The verse continues: "And he shall strike him before him." This implies that the attention of the judge should be focused upon him. He should not look at other matters while having him lashed. From this, we learn that two people are never lashed at the same time.
Halacha 11
Through the time the person is being lashed, the judge of the highest stature reads the passage Deuteronomy 28:58ff: "If you are not careful to heed and to perform... in an extraordinary way, God will increase the blows against you and your offspring...." He should have the intent to complete the passage with the lashes. If the lashes are not completed, he should return to the beginning of the passage and read it again - and again if necessary until all the lashes are administered.
The judge of intermediate stature counts the lashes and the third judge tells the attendant before each blow: "Strike him." Throughout the entire time he administers the lashes, he does so following the judge's instruction.
Halacha 12
If the person receiving the lashes dies while receiving them, the attendant administering them is not liable. If he added another blow to the estimate arrived at by the judges and the person receiving the lashes dies, the attendant is exiled. If he does not die, the attendant is held liable for transgressing a negative commandment, as Deuteronomy 25:3 states: "Do not add."
Similarly, any other person who strikes a colleague violates a negative commandment. If a person who was given permission by the Torah to strike a colleague is warned not to strike him more than is required to punish his wickedness, certainly, this applies with regard to other people. For this reason, whenever a person strikes a colleague - even a servant - with a blow for which the victim would not receive a p'rutah in damages, the offender should be lashed. If, however, the blow is worth a p'rutah in damages, the offender is not lashed. The rationale is that he is obligated to make financial restitution, and a person never both receives lashes and is required to make financial restitution, as explained previously in several places.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 17
Halacha 1
How are lashes administered to a person liable to receive them? According to his strength, as indicated by Deuteronomy 25:2: "According to his wickedness by number." The number 40 stated in the following verse is mentioned to teach that more than 40 lashes are never administered even if the person is as healthy and as strong as Samson. When, by contrast, a person is weak, the amount of lashes is reduced. For if a weak person is given many lashes, he will certainly die. Therefore our Sages said: that even a very healthy person is given only 39 lashes. For if accidentally an extra blow is administered, he will still not have been given more than the 40 which he was required to receive.
Halacha 2
When the court estimates how many lashes the condemned is able to bear, the estimation is made in numbers that are divisible by three. If it was estimated that he could bear 20, we do not say that he should be given 21, so that the number of lashes will be divisible by three. Instead, he is given 18 lashes.
If the court estimated that he could bear 40 lashes, but when they began lashing him, they saw that he was weak and that he would not be able to bear more than the nine or twelve lashes that he already received, he is released. If they estimated that he could bear twelve and after he was lashed, they saw that he was strong and could bear more, he is released. He is not lashed more than the original estimate.
Halacha 3
If, on a specific day, it was estimated that he could bear twelve lashes to be given on that day, but he was not lashed until the following day, and on the following day, he is able to bear eighteen, he receives only twelve.
If it was estimated on one day that if he was lashed on the following day, he could bear twelve and he was not lashed until the third day, at which time he was strong enough to bear eighteen, he should be given eighteen lashes. The rationale is that at the time the estimation was made, it was reckoned that he would not be lashed until a later date. Similar laws apply in all analogous situations.
Halacha 4
The following rules apply when a person was obligated to receive several sets of lashes whether for the transgression of several sins, or he performed one deed that involved several transgressions and hence, caused him to be liable for several sets of lashes. Everything depends on the judges. If they made one estimation for both transgressions, he receives lashes and is absolved. If not, he is given lashes, given time to recuperate, and then given lashes again.
What is implied? He was held liable for two transgressions punishable by lashes. The court estimated that he could bear 45 lashes, once he receives these 45, he is absolved from further punishment. If, however, they estimated the amount of lashes he could bear for one transgression, and they gave him three, nine, or thirty lashes according to their estimation, we wait until he is healed, and estimate how many lashes he can bear for the second lashing until he is given all the lashings for which he is obligated.
Halacha 5
When it was estimated that a person could bear a specific number of lashes, they began lashing him and he became discomfited because of the power of the blows and either defecated or urinated, he is not given any more lashes. This is derived from Deuteronomy 25:3: "and your brother will be degraded before your eyes." Since he was discomfited, he is absolved.
If, however, he became discomfited from fear before being beaten, even if he became discomfited when he was taken out from the court to be lashed, and even if he became discomfited on the previous evening, he is given all the lashes that it was estimated that he could bear.
If one estimation was made for two transgressions punishable by lashes, and he becomes discomfited, whether in the midst of the first set of 40 or the second set of 40, he is absolved. If the lash became severed in the midst of the second lashing, he is absolved. If it became severed in the midst of the first lashing, he is absolved from the first set of lashes, but is given the lashes of the second set.
Halacha 6
If they bound him to the pillar to be lashed, and he severed the ties and fled, he is absolved. We do not force him to return.
Halacha 7
Whenever a person sins and is lashed, he returns to his original state of acceptability, as implied by the verse: "And your brother will be degraded before your eyes." Once he is lashed, he is "your brother."
9Similarly, all those obligated for kerait who received lashes are absolved forkerait.
Halacha 8
When a High Priest sins, he is lashed on the basis of the judgment of a court of three like people at large. Afterwards, he returns to his position of eminence.
Halacha 9
When, by contrast, the head of the academy transgresses, he is given lashes in the presence of a court of three, but does not return to his position of authority. He also is not reinstated as one of the other judges of the Sanhedrin. The rationale is that we ascend higher in matters of holiness, and do not descend.
Sanhedrin veha`Onashin haMesurin lahem - Chapter 18
Halacha 1
These are the individuals who receive lashes:
a) anyone who transgresses a negative commandment punishable by kerait, but which is not punishable by execution by the court, e.g., a person who eats either fats, blood, or chametz on Passover,
b) anyone who transgresses a negative commandment punishable by death at the hand of heaven, e.g., a person who eats tevel, or a priest who eats terumahthat is ritually pure, while he is in a state of ritual impurity,
c) anyone who involves a negative prohibition that involves a deed, e.g., a person who eats milk and meat or who wears sha'atnez.
When, however, a prohibition does not involve a deed, i.e., a gossiper, a person who takes revenge, or who bears a grudge, and a judge who hears a false report, a violator does not receive lashes.
Halacha 2
Whenever a prohibition does not involve a deed, it is not punishable by lashes except for a person who takes a false oath, a person who transfers the sanctity of one sacrificial animal to another, and one who curses a colleague using God's name. Similarly, any prohibition punishable by execution by the court, e.g., "Do not commit adultery," or do not perform labor on the Sabbath is not punishable by lashes.
Whenever a prohibition requires financial recompense, e.g., "Do not rob," or "Do not steal," it is not punishable by lashes. Whenever a prohibition can be corrected by the performance of a positive commandment, e.g., "Do not take the mother together with the offspring," or "Do not complete the reaping of the corners of your field," it is not punishable by lashes, unless one does not perform the positive commandment.
Similarly, a prohibition of a general nature is not punishable by lashes. All other Scriptural prohibitions are punishable by lashes.
Halacha 3
What is meant by a prohibition of a general nature? A prohibition that includes many matters, e.g., Leviticus 19:26,: "Do not eat over the blood." Similarly, if the Torah states: "Do not do this and this," since a prohibition was not explicitly stated with regard to each deed, these prohibitions are not punishable by lashes unless the Torah divides them into separate prohibitions or it is conveyed via the Oral Tradition that they have been divided.
What is implied? Exodus 12:9 states: "Do not partake of it partially roasted or cooked." If a person partakes of a portion of the Paschal sacrifice while it is partially roasted and another portion that has been cooked at the same time, he does not receive two sets of lashes, only one.
With regard to chadash, Leviticus 22:14 states: "You shall not partake of bread, roasted grain, or fresh grain...." A violator is liable for three sets of lashes for these three transgressions. According to the Oral Tradition, we learned that a distinction is to be made.
It is also written: "There shall not be found among you one passes his son or daughter through the fire, one who divines...." Even though all the matters are included in one prohibition, in other places, the Torah distinguishes them as separate prohibitions, as Leviticus 19:26 states: "Do not augur and do not read omens." This teaches that each one is a separate prohibition. Similar principles apply in all analogous situations.
Halacha 4
The following rules apply when a person receives lashes in a court because of the violation of a prohibition punishable by kerait, and then received lashes a second time for the violation of that same prohibition - e.g., he ate forbidden fat, received lashes for it, and then ate forbidden fat again and received lashes for it. If he eats such fat a third time, he is not given lashes. Instead, he is compelled to enter a kipah, a narrow place that is his height where he cannot lie down. He is given meager portions of bread and water until his digestive tract contracts and he becomes ill. Afterwards, we feed him barley until his stomach bursts.
Halacha 5
When a person violates a prohibition punishable by kerait or by execution by the court and received a warning beforehand, if he nodded his head, or remained silent and did not acknowledge the warning, we do not execute him, as explained above, nor do we give him lashes. If he repeats this transgression, receives a warning, nods his head, or remains silent, we neither execute him or give him lashes. If he repeats this transgression a third time, receives a warning, even though he merely nodded his head or remained silent, he is placed in a kipah until he dies.
All these individuals who did not acknowledge the warning they received are given "stripes for rebellious behavior" for they did at least commit a sin. Even a person who violates a Rabbinic prohibition is given "stripes for rebellious behavior."
Halacha 6
When a person steals one of the sacrificial vessels from the Temple, curses God's name using the name of a false divinity, or has relations with an idolatrous gentile woman, the court does not deal with this matter. Instead, the zealous strike them. Whoever slays them merits. Similarly, when a priest served in the Temple while ritually impure, his priestly brethren would not bring him to court. Instead, the young priests take him out of the Temple Courtyard and crack his head open with logs.
It is a Scriptural decree that the court does not execute a person or have him lashed because of his own admission. Instead, the punishments are given on the basis of the testimony of two witnesses. Joshua's execution of Achan and David's execution of the Amalekite convert because of their own statements was a directive of immediate relevance only or was by royal fiat. The Sanhedrin, however, may not execute or lash a person who admits committing a transgression, lest he become crazed concerning this matter. Perhaps he is one of those embittered people who are anxious to die and pierce their reins with swords or throw themselves from the rooftops. Similarly, we fear that such a person may come and admit committing an act that he did not perform, so that he will be executed. The general principle is the disqualification of a person's own testimony is a decree of the king.
• English Text | Video Class• Wednesday, Cheshvan 15, 5776 · 28 October 2015
"Today's Day"
Shabbat Cheshvan 15 5704
Haftora: Ve'isha...b'na vateitsei
Torah lessons: Chumash: Vayeira, Shevi'i with Rashi.
Tehillim: 77-78.
Tanya: Now there is (p. 569) ...below the earth. (p. 571).
The soul above awaits the time it will be privileged to descend into a body. For the soul senses how much it can accomplish here below;1 it can attain the level of "delighting with G-d." So what is everyone waiting for?2
FOOTNOTES
1. In this physical world.
2. Why the procrastination in betaking ourselves to our avoda - when our souls waited impatiently just for this very chance!• Daily Thought:
Playing with Our Minds
If He had made the world a complete and utter mystery, we would have no path to know Him. And if all would fit together like a neat and tidy grandfather clock, we would not know that there is anything more to know.
So He took His raw, unknowable Will and cloaked it in wisdom, and through that wisdom a world was formed. And in that world, we sentient beings are drawn to the wisdom—only to find ourselves engulfed within an unfathomable ocean of wonders.
Now it is within the mind’s grasp to know that no thought can grasp Him.
____________________________
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