Torah Reading
Torah Reading: Chayei Sarah (Genesis 23:1
Sarah lived to be 127 years old; these were the years of Sarah’s life. 2 Sarah died in Kiryat-Arba, also known as Hevron, in the land of Kena‘an; and Avraham came to mourn Sarah and weep for her. 3 Then he got up from his dead one and said to the sons of Het, 4 “I am a foreigner living as an alien with you; let me have a burial site with you, so that I can bury my dead wife.” 5 The sons of Het answered Avraham, 6 “Listen to us, my lord. You are a prince of God among us, so choose any of our tombs to bury your dead — not one of us would refuse you his tomb for burying your dead.”
7 Avraham got up, bowed before the people of the land, the sons of Het, 8 and spoke with them. “If it is your desire to help me bury my dead, then listen to me: ask ‘Efron the son of Tzochar 9 to give me the cave of Makhpelah, which he owns, the one at the end of his field. He should sell it to me in your presence at its full value; then I will have a burial site of my own.”
10 ‘Efron the Hitti was sitting among the sons of Het, and he gave Avraham his answer in the presence of the sons of Het who belonged to the ruling council of the city: 11 “No, my lord, listen to me: I’m giving you the field, with its cave — I’m giving it to you. In the presence of my people I give it to you.” 12 Avraham bowed before the people of the land 13 and spoke to ‘Efron in their hearing: “Please be good enough to listen to me. I will pay the price of the field; accept it from me, and I will bury my dead there.” 14 But ‘Efron answered Avraham, 15 “My lord, listen to me. A plot of land worth 400 silver shekels — what is that between me and you? Just bury your dead.” 16 Avraham got the point of what ‘Efron had said, so he weighed out for ‘Efron the amount of money he had specified in the presence of the sons of Het, 400 silver shekels of the weight accepted among merchants [ten pounds].
(ii) 17 Thus the field of ‘Efron in Makhpelah, which is by Mamre — the field, its cave and all the trees in and around it — were deeded 18 to Avraham as his possession in the presence of the sons of Het who belonged to the ruling council of the city.
19 Then Avraham buried Sarah his wife in the cave of the field of Makhpelah, by Mamre, also known as Hevron, in the land of Kena‘an. 20 The field and its cave had been purchased by Avraham from the sons of Het as a burial-site which would belong to him.
24:1 By now Avraham was old, advanced in years; and Adonai had blessed Avraham in everything. 2 Avraham said to the servant who had served him the longest, who was in charge of all he owned, “Put your hand under my thigh; 3 because I want you to swear by Adonai, God of heaven and God of the earth, that you will not choose a wife for my son from among the women of the Kena‘ani, among whom I am living; 4 but that you will go to my homeland, to my kinsmen, to choose a wife for my son Yitz’chak.” 5 The servant replied, “Suppose the woman isn’t willing to follow me to this land. Must I then bring your son back to the land from which you came?” 6 Avraham said to him, “See to it that you don’t bring my son back there. 7 Adonai, the God of heaven — who took me away from my father’s house and away from the land I was born in, who spoke to me and swore to me, ‘I will give this land to your descendants’ — he will send his angel ahead of you; and you are to bring a wife for my son from there. 8 But if the woman is unwilling to follow you, then you are released from your obligation under my oath. Just don’t bring my son back there.” 9 The servant put his hand under the thigh of Avraham his master and swore to him concerning the matter.
(iii) 10 Then the servant took ten of his master’s camels and all kinds of gifts from his master, got up and went to Aram-Naharayim, to Nachor’s city. 11 Toward evening, when the women go out to draw water, he had the camels kneel down outside the city by the well. 12 He said, “Adonai, God of my master Avraham, please let me succeed today; and show your grace to my master Avraham. 13 Here I am, standing by the spring, as the daughters of the townsfolk come out to draw water. 14 I will say to one of the girls, ‘Please lower your jug, so that I can drink.’ If she answers, ‘Yes, drink; and I will water your camels as well,’ then let her be the one you intend for your servant Yitz’chak. This is how I will know that you have shown grace to my master.”
15 Before he had finished speaking, Rivkah the daughter of B’tu’el son of Milkah the wife of Nachor Avraham’s brother, came out with her jug on her shoulder. 16 The girl was very beautiful, a virgin, never having had sexual relations with any man. She went down to the spring, filled her jug and came up. 17 The servant ran to meet her and said, “Please give me a sip of water from your jug to drink.” 18 “Drink, my lord,” she replied, and immediately lowered her jug onto her arm and let him drink. 19 When she was through letting him drink, she said, “I will also draw water for your camels until they have drunk their fill.” 20 She quickly emptied her jug into the trough, then ran again to the well to draw water, and kept on drawing water for all his camels. 21 The man gazed at her in silence, waiting to find out whether Adonai had made his trip successful or not.
22 When the camels were done drinking, the man took a gold nose-ring weighing one-fifth of an ounce and two gold bracelets weighing four ounces 23 and asked, “Whose daughter are you? Tell me, please. Is there room in your father’s house for us to spend the night?” 24 She answered, “I am the daughter of B’tu’el the son Milkah bore to Nachor,” 25 adding, “We have plenty of straw and fodder, and room for staying overnight.” 26 The man bowed his head and prostrated himself before Adonai. (iv) 27 Then he said, “Blessed be Adonai, God of my master Avraham, who has not abandoned his faithful love for my master; because Adonai has guided me to the house of my master’s kinsmen.” 28 The girl ran off and told her mother’s household what had happened.
29-30 Rivkah had a brother named Lavan. When he saw the nose-ring, and the bracelets on his sister’s wrists besides, and when he heard his sister Rivkah’s report of what the man had said to her, he ran out to the spring and found the man standing there by the camels. 31 “Come on in,” he said, “you whom Adonai has blessed! Why are you standing outside when I have made room in the house and prepared a place for the camels?” 32 So the man went inside, and while the camels were being unloaded and provided straw and fodder, water was brought for him to wash his feet and the feet of the men with him.
33 But when a meal was set before him, he said, “I won’t eat until I say what I have to say.” Lavan said, “Speak.” 34 He said, “I am Avraham’s servant. 35 Adonai has greatly blessed my master, so that he has grown wealthy. He has given him flocks and herds, silver and gold, male and female slaves, camels and donkeys. 36 Sarah my master’s wife bore my master a son when she was old, and he has given him everything he has. 37 My master made me swear, saying, ‘You are not to choose a wife for my son from among the women of the Kena‘ani, among whom I am living; 38 rather, you are to go to my father’s house, to my kinsmen, to choose a wife for my son.’ 39 I said to my master, ‘Suppose the woman isn’t willing to follow me.’ 40 Avraham answered me, ‘Adonai, in whose presence I live, will send his angel with you to make your trip successful; and you are to pick a wife for my son from my kinsmen in my father’s house; 41 this will release you from your obligation under my oath. But if, when you come to my kinsmen, they refuse to give her to you, this too will release you from my oath.’
42 “So today, I came to the spring and said, ‘Adonai, God of my master Avraham, if you are causing my trip to succeed in its purpose, 43 then, here I am, standing by the spring. I will say to one of the girls coming out to draw water, “Let me have a sip of water from your jug.” 44 If she answers, “Yes, drink; and I will water your camels as well,” then let her be the woman you intend for my master’s son.’ 45 And even before I had finished speaking to my heart, there came Rivkah, going out with her jug on her shoulder; she went down to the spring and drew water. When I said to her, ‘Please let me have a drink,’ 46 she immediately lowered the jug from her shoulder and said, ‘Drink, and I will water your camels as well.’ So I drank, and she had the camels drink too.
47 “I asked her, ‘Whose daughter are you?’ and she answered, ‘The daughter of B’tu’el son of Nachor, whom Milkah bore to him.’ Then I put the ring on her nose and the bracelets on her wrists, 48 bowed my head, prostrated myself before Adonai and blessed Adonai, God of my master Avraham, for having led me in the right way to obtain my master’s brother’s [grand]daughter for his son.
49 “So now if you people intend to show grace and truth to my master, tell me. But if not, tell me, so that I can turn elsewhere.”
50 Lavan and B’tu’el replied, “Since this comes from Adonai, we can’t say anything to you either bad or good. 51 Rivkah is here in front of you; take her and go. Let her be your master’s son’s wife, as Adonai has said.” 52 When Avraham’s servant heard what they said, he prostrated himself on the ground to Adonai. (v) 53 Then the servant brought out silver and gold jewelry, together with clothing, and gave them to Rivkah. He also gave valuable gifts to her brother and mother. 54 He and his men then ate and drank and stayed the night.
In the morning they got up; and he said, “Send me off to my master.” 55 Her brother and mother said, “Let the girl stay with us a few days, at least ten. After that, she will go.” 56 He answered them, “Don’t delay me, since Adonai has made my trip successful, but let me go back to my master.” 57 They said, “We will call the girl and see what she says.” 58 They called Rivkah and asked her, “Will you go with this man?” and she replied, “I will.”
59 So they sent their sister Rivkah away, with her nurse, Avraham’s servant and his men. 60 They blessed Rivkah with these words: “Our sister, may you be the mother of millions, and may your descendants possess the cities of those who hate them.” 61 Then Rivkah and her maids mounted the camels and followed the man. So the servant took Rivkah and went on his way.
62 Meanwhile, Yitz’chak, one evening after coming along the road from Be’er-Lachai-Ro’i — he was living in the Negev — 63 went out walking in the field; and as he looked up, he saw camels approaching. 64 Rivkah too looked up; and when she saw Yitz’chak, she quickly dismounted the camel. 65 She said to the servant, “Who is this man walking in the field to meet us?” When the servant replied, “It’s my master,” she took her veil and covered herself.
66 The servant told Yitz’chak everything he had done. 67 Then Yitz’chak brought her into his mother Sarah’s tent and took Rivkah, and she became his wife, and he loved her. Thus was Yitz’chak comforted for the loss of his mother.
25:1 (vi) Avraham took another wife, whose name was K’turah. 2 She bore him Zimran, Yokshan, Medan, Midyan, Yishbak; and Shuach. 3 Yokshan fathered Sh’va and D’dan. The sons of D’dan were Ashurim, L’tushim and L’umim. 4 The sons of Midyan were ‘Eifah, ‘Efer, Hanokh, Avida and Elda‘ah. All these were descendants of K’turah.
5 Avraham gave everything he owned to Yitz’chak. 6 But to the sons of the concubines he made grants while he was still living and sent them off to the east, to the land of Kedem, away from Yitz’chak his son.
7 This is how long Avraham lived: 175 years. 8 Then Avraham breathed his last, dying at a ripe old age, an old man full of years; and he was gathered to his people. 9 Yitz’chak and Yishma‘el his sons buried him in the cave of Makhpelah, in the field of ‘Efron the son of Tzochar the Hitti, by Mamre, 10 the field which Avraham purchased from the sons of Het. Avraham was buried there with Sarah his wife.
11 After Avraham died, God blessed Yitz’chak his son, and Yitz’chak lived near Be’er-Lachai-Ro’i.
(vii) 12 Here is the genealogy of Yishma‘el, Avraham’s son, whom Hagar the Egyptian woman bore to Avraham. 13 These are the names of the sons of Yishma‘el, listed in the order of their birth. The firstborn of Yishma‘el was N’vayot; followed by Kedar, Adbe’el, Mivsam, 14 Mishma, Dumah, Massa, 15 Hadad, Teima, Y’tur, Nafish and Kedmah. (Maftir) 16 These are the sons of Yishma‘el, and these are their names, according to their settlements and camps, twelve tribal rulers.
17 This is how long Yishma‘el lived: 137 years. Then he breathed his last, died and was gathered to his people.
18 Yishma‘el’s sons lived between Havilah and Shur, near Egypt as you go toward Ashur; he settled near all his kinsmen.
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Haftarah: (Kings I 1:1-31)
Daily Quote:"All her pursuers overtook her between the straits" (Lamentations 1:3)--this refers to the days of trouble and stricture, from the 17th of Tammuz to 9th of Av[Midrash Rabbah, Eicha 1:29]
Daily Study:
Chitas and Rambam for today:
Chumash: Chayei Sarah, 1st Portion Genesis 23:1-23:16 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 23
1And the life of Sarah was one hundred years and twenty years and seven years; [these were] the years of the life of Sarah. אוַיִּֽהְיוּ֙ חַיֵּ֣י שָׂרָ֔ה מֵאָ֥ה שָׁנָ֛ה וְעֶשְׂרִ֥ים שָׁנָ֖ה וְשֶׁ֣בַע שָׁנִ֑ים שְׁנֵ֖י חַיֵּ֥י שָׂרָֽה:
And the life of Sarah was one hundred years and twenty years and seven years: The reason that the word “years” was written after every digit is to tell you that every digit is to be expounded upon individually: when she was one hundred years old, she was like a twenty-year-old regarding sin. Just as a twenty-year-old has not sinned, because she is not liable to punishment, so too when she was one hundred years old, she was without sin. And when she was twenty, she was like a seven-year-old as regards to beauty. — from Gen. Rabbah 58:1] ויהיו חיי שרה מאה שנה ועשרים שנה ושבע שנים:לכך נכתב שנה בכל כלל וכלל, לומר לך שכל אחד נדרש לעצמו, בת מאה כבת עשרים לחטא, מה בת עשרים לא חטאה, שהרי אינה בת עונשין, אף בת מאה בלא חטא, ובת עשרים כבת שבע ליופי:
the years of the life of Sarah: All of them equally good. שני חיי שרה: כלן שוין לטובה:
2And Sarah died in Kiriath arba, which is Hebron, in the land of Canaan, and Abraham came to eulogize Sarah and to bewail her. בוַתָּ֣מָת שָׂרָ֗ה בְּקִרְיַ֥ת אַרְבַּ֛ע הִ֥וא חֶבְר֖וֹן בְּאֶ֣רֶץ כְּנָ֑עַן וַיָּבֹא֙ אַבְרָהָ֔ם לִסְפֹּ֥ד לְשָׂרָ֖ה וְלִבְכֹּתָֽהּ:
in Kiriath-arba: lit. the city of the four. So named because of the four giants who were there: Ahiman, Sheshai, Talmai, and their father (Gen. Rabbah from Num. 13:23). Another explanation: Because of the four couples that were buried there, man and wife: Adam and Eve, Abraham and Sarah, Isaac and Rebecca, Jacob and Leah (Pirkei d’Rabbi Eliezer , ch. 20). בקרית ארבע: על שם ארבע ענקים שהיו שם אחימן ששי ותלמי ואביהם. דבר אחר על שם ארבעה זוגות שנקברו שם איש ואשתו אדם וחוה, אברהם ושרה, יצחק ורבקה, יעקב ולאה:
and Abraham came: from Beer-sheba. ויבא אברהם: מבאר שבע:
to eulogize Sarah and to bewail her: The account of Sarah’s demise was juxtaposed to the binding of Isaac because as a result of the news of the “binding,” that her son was prepared for slaughter and was almost slaughtered, her soul flew out of her, and she died. — from Gen. Rabbah 58:5] לספוד לשרה ולבכתה: ונסמכה מיתת שרה לעקידת יצחק, לפי שעל ידי בשורת העקידה שנזדמן בנה לשחיטה וכמעט שלא נשחט, פרחה נשמתה ממנה ומתה:
3And Abraham arose from before his dead, and he spoke to the sons of Heth, saying, גוַיָּ֨קָם֙ אַבְרָהָ֔ם מֵעַ֖ל פְּנֵ֣י מֵת֑וֹ וַיְדַבֵּ֥ר אֶל־בְּנֵי־חֵ֖ת לֵאמֹֽר:
4"I am a stranger and an inhabitant with you. Give me burial property with you, so that I may bury my dead from before me." דגֵּֽר־וְתוֹשָׁ֥ב אָֽנֹכִ֖י עִמָּכֶ֑ם תְּנ֨וּ לִ֤י אֲחֻזַּת־קֶ֨בֶר֙ עִמָּכֶ֔ם וְאֶקְבְּרָ֥ה מֵתִ֖י מִלְּפָנָֽי:
I am a stranger and an inhabitant with you: [I am] a stranger from another land, and I have settled among you. [Consequently, I have no ancestral burial plot here (Rashbam, Sforno).] And the Midrash Aggadah (Gen. Rabbah 58:6) [states]: If you are willing [to sell me burial property], I am a stranger, but if not, I will be as an inhabitant and will take it legally, for the Holy One, blessed be He, said to me, “To your seed I will give this land” (above 12:7). גר ותושב אנכי עמכם: גר מארץ אחרת ונתישבתי עמכם. ומדרש אגדה אם תרצו הריני גר, ואם לאו אהיה תושב ואטלנה מן הדין שאמר לי הקב"ה (לעיל יב ז) לזרעך אתן את הארץ הזאת:
burial property: the possession of land for a burial place. אחזת קבר: אחוזת קרקע לבית הקברות:
5And the sons of Heth answered Abraham, saying to him, הוַיַּֽעֲנ֧וּ בְנֵי־חֵ֛ת אֶת־אַבְרָהָ֖ם לֵאמֹ֥ר לֽוֹ:
6"Listen to us, my lord; you are a prince of God in our midst; in the choicest of our graves bury your dead. None of us will withhold his grave from you to bury your dead." ושְׁמָעֵ֣נוּ | אֲדֹנִ֗י נְשִׂ֨יא אֱלֹהִ֤ים אַתָּה֙ בְּתוֹכֵ֔נוּ בְּמִבְחַ֣ר קְבָרֵ֔ינוּ קְבֹ֖ר אֶת־מֵתֶ֑ךָ אִ֣ישׁ מִמֶּ֔נּוּ אֶת־קִבְר֛וֹ לֹֽא־יִכְלֶ֥ה מִמְּךָ֖ מִקְּבֹ֥ר מֵתֶֽךָ:
none…will withhold: Heb. לא יִכְלֶה, will not withhold, as (Ps. 40:12):“You will not withhold (לא תִכְלָא) Your mercies,” and similarly (above 8:2):“and the rain was withheld (וַיִּכָּלֵא).” לא יכלה: לא ימנע, כמו (תהלים מ יב) לא תכלא רחמיך, וכמו (לעיל ח ב) ויכלא הגשם:
7And Abraham arose and prostrated himself to the people of the land, to the sons of Heth. זוַיָּ֧קָם אַבְרָהָ֛ם וַיִּשְׁתַּ֥חוּ לְעַם־הָאָ֖רֶץ לִבְנֵי־חֵֽת:
8And he spoke with them, saying, "If it is your will that I bury my dead from before me, listen to me and entreat for me to Ephron the son of Zohar. חוַיְדַבֵּ֥ר אִתָּ֖ם לֵאמֹ֑ר אִם־יֵ֣שׁ אֶת־נַפְשְׁכֶ֗ם לִקְבֹּ֤ר אֶת־מֵתִי֙ מִלְּפָנַ֔י שְׁמָע֕וּנִי וּפִגְעוּ־לִ֖י בְּעֶפְר֥וֹן בֶּן־צֹֽחַר:
your will: Heb. נַפְשְׁכֶם, equivalent to רְצוֹנְכֶם, your will. נפשכם: רצונכם:
and entreat for me: Heb. וּפִגְעוּ, an expression of entreaty, as in (Ruth 1: 16): “Do not entreat me” . ופגעו לי: לשון בקשה, כמו (רות א טז) אל תפגעי בי:
9That he may give me the Machpelah (double) Cave, which belongs to him, which is at the end of his field; for a full price let him give it to me in your midst for burial property." טוְיִתֶּן־לִ֗י אֶת־מְעָרַ֤ת הַמַּכְפֵּלָה֙ אֲשֶׁר־ל֔וֹ אֲשֶׁ֖ר בִּקְצֵ֣ה שָׂדֵ֑הוּ בְּכֶ֨סֶף מָלֵ֜א יִתְּנֶ֥נָּה לִּ֛י בְּתֽוֹכְכֶ֖ם לַֽאֲחֻזַּת־קָֽבֶר:
double: A structure with an upper story over it. Another interpretation: [It was called so] because it was doubled with couples (Er. 53a). המכפלה: בית ועליה על גביו. דבר אחר שכפולה בזוגות:
for a full price: [meaning] its full value. So did David say to Araunah,“for the full price” (I Chron. 21: 24). בכסף מלא: אשלם כל שוויה, וכן דוד אמר לארונה (דברי הימים א' כא כד) בכסף מלא:
10Now Ephron was sitting in the midst of the sons of Heth, and Ephron the Hittite answered Abraham in the hearing of the sons of Heth, of all those who had come into the gate of his city, saying, יוְעֶפְר֥וֹן ישֵׁ֖ב בְּת֣וֹךְ בְּנֵי־חֵ֑ת וַיַּ֩עַן֩ עֶפְר֨וֹן הַֽחִתִּ֤י אֶת־אַבְרָהָם֨ בְּאָזְנֵ֣י בְנֵי־חֵ֔ת לְכֹ֛ל בָּאֵ֥י שַֽׁעַר־עִיר֖וֹ לֵאמֹֽר:
Now Ephron was sitting: It ישֵׁב is spelled defectively, [without a“vav.” It can therefore be read יָשַׁב, in the past tense, meaning that he had just sat (Mizrachi, Be’er Yitzchak).] On that very day they had appointed him as an officer over them. Because of the importance of Abraham, who needed him, he rose to an exalted position. — from Gen. Rabbah 58:7] ועפרון ישב: כתיב חסר, אותו היום מנוהו שוטר עליהם, מפני חשיבותו של אברהם שהיה צריך לו עלה לגדולה:
of all those who had come into the gate of his city: For they all left their work and came to pay their respects to Sarah. — from Gen. Rabbah 58:7] לכל באי שער עירו: שכולן בטלו ממלאכתן ובאו לגמול חסד לשרה:
11"No, my lord, listen to me. I have given you the field, and the cave that is in it, I have given it to you. Before the eyes of the sons of my people, I have given it to you; bury your dead." יאלֹֽא־אֲדֹנִ֣י שְׁמָעֵ֔נִי הַשָּׂדֶה֙ נָתַ֣תִּי לָ֔ךְ וְהַמְּעָרָ֥ה אֲשֶׁר־בּ֖וֹ לְךָ֣ נְתַתִּ֑יהָ לְעֵינֵ֧י בְנֵֽי־עַמִּ֛י נְתַתִּ֥יהָ לָּ֖ךְ קְבֹ֥ר מֵתֶֽךָ:
No, my lord: You shall not buy it for money. לא א-דני: לא תקנה אותה בדמים:
I have given you: It is as though I have given it to you. נתתי לך: הרי הוא כמו שנתתיה לך:
12And Abraham prostrated himself before the people of the land. יבוַיִּשְׁתַּ֨חוּ֙ אַבְרָהָ֔ם לִפְנֵ֖י עַם־הָאָֽרֶץ:
13And he spoke to Ephron in the hearing of the people of the land, saying, "But, if only you would listen to me. I am giving the money for the field; take [it] from me, and I will bury my dead there." יגוַיְדַבֵּ֨ר אֶל־עֶפְר֜וֹן בְּאָזְנֵ֤י עַם־הָאָ֨רֶץ֙ לֵאמֹ֔ר אַ֛ךְ אִם־אַתָּ֥ה ל֖וּ שְׁמָעֵ֑נִי נָתַ֜תִּי כֶּ֤סֶף הַשָּׂדֶה֙ קַ֣ח מִמֶּ֔נִּי וְאֶקְבְּרָ֥ה אֶת־מֵתִ֖י שָֽׁמָּה:
But, if only you would listen to me: You tell me to listen to you and to take it gratis. I do not wish to do that, but“If you would only (לוּ) listen to me,” [meaning]“If only (הַלְוַאי) you would listen to me.” Rashi explains that the word לוּ is equivalent to הַלְוַאי, if only. אך אם אתה לו שמעני: אתה אומר לי לשמוע לך וליקח בחנם, אני אי אפשי בכך, אך אם אתה לו שמעני הלואי ותשמעני:
I am giving: lit. I have given, Donai in Old French. It is ready with me, and I wish that I had already given it to you. נתתי: דונא"י בלע"ז [נתתי] מוכן הוא אצלי והלואי נתתי לך כבר:
14And Ephron replied to Abraham, saying to him, ידוַיַּ֧עַן עֶפְר֛וֹן אֶת־אַבְרָהָ֖ם לֵאמֹ֥ר לֽוֹ:
15"My lord, listen to me; a [piece of] land worth four hundred shekels of silver, what is it between me and you? Bury your dead." טואֲדֹנִ֣י שְׁמָעֵ֔נִי אֶ֩רֶץ֩ אַרְבַּ֨ע מֵאֹ֧ת שֶֽׁקֶל־כֶּ֛סֶף בֵּינִ֥י וּבֵֽינְךָ֖ מַה־הִ֑וא וְאֶת־מֵֽתְךָ֖ קְבֹֽר:
between me and you: Between two friends such as we are, of what importance is it? None! Rather leave the sale and bury your dead. ביני ובינך: בין שני אוהבים כמונו מה היא חשובה לכלום, אלא הנח את המכר ואת מתך קבור:
16And Abraham listened to Ephron, and Abraham weighed out to Ephron the silver that he had named in the hearing of the sons of Heth, four hundred shekels of silver, accepted by the merchant. טזוַיִּשְׁמַ֣ע אַבְרָהָם֘ אֶל־עֶפְרוֹן֒ וַיִּשְׁקֹ֤ל אַבְרָהָם֙ לְעֶפְרֹ֔ן אֶת־הַכֶּ֕סֶף אֲשֶׁ֥ר דִּבֶּ֖ר בְּאָזְנֵ֣י בְנֵי־חֵ֑ת אַרְבַּ֤ע מֵאוֹת֙ שֶׁ֣קֶל כֶּ֔סֶף עֹבֵ֖ר לַסֹּחֵֽר:
and Abraham weighed out to Ephron: עֶפְרֹן is spelled without a “vav,” because he promised much but did not do even a little [i.e., he promised the cave as a gift but took a great deal of money for it], for he took from him large shekels, viz. centenaria [worth one hundred smaller shekels], as it is stated:“accepted by the merchant,” i.e., they are accepted as a [full] shekel everywhere, for some places have large shekels, viz. centenaria, centeniers or zenteniyers in Old French,(hundred-unit weights.) - from Gen. Rabbah 58:7, Bech. 50a, B.M. 87a] וישקל אברהם לעפרן: חסר וי"ו, לפי שאמר הרבה ואפילו מעט לא עשה, שנטל ממנו שקלים גדולים שהן קנטרין, שנאמר (פסוק טז) עובר לסוחר, שמתקבלים בשקל בכל מקום ויש מקום ששקליהן גדולים שהן קנטרין, צינטינייר"ש [מטבעות של מאה] בלע"ז:
Daily Tehillim: Chapters 90 - 96
• Hebrew text
• English text• Chapter 90
David found this prayer in its present form-receiving a tradition attributing it to MosesThe Midrash attributes the next eleven psalms to Moses (Rashi).-and incorporated it into the Tehillim. It speaks of the brevity of human life, and inspires man to repent and avoid pride in this world.
1. A prayer by Moses, the man of God. My Lord, You have been a shelter for us in every generation.
2. Before the mountains came into being, before You created the earth and the world-for ever and ever You are Almighty God.
3. You diminish man until he is crushed, and You say, "Return, you children of man.”
4. Indeed, a thousand years are in Your eyes like yesterday that has passed, like a watch of the night.
5. The stream of their life is as but a slumber; in the morning they are like grass that sprouts anew.
6. In the morning it thrives and sprouts anew; in the evening it withers and dries.
7. For we are consumed by Your anger, and destroyed by Your wrath.
8. You have set our wrongdoings before You, our hidden sins before the light of Your countenance.
9. For all our days have vanished in Your wrath; we cause our years to pass like a fleeting sound.
10. The days of our lives number seventy years, and if in great vigor, eighty years; most of them are but travail and futility, passing quickly and flying away.
11. Who can know the intensity of Your anger? Your wrath is commensurate with one's fear of You.
12. Teach us, then, to reckon our days, that we may acquire a wise heart.
13. Relent, O Lord; how long [will Your anger last]? Have compassion upon Your servants.
14. Satiate us in the morning with Your kindness, then we shall sing and rejoice throughout our days.
15. Give us joy corresponding to the days You afflicted us, the years we have seen adversity.
16. Let Your work be revealed to Your servants, and Your splendor be upon their children.
17. May the pleasantness of the Lord our God be upon us; establish for us the work of our hands; establish the work of our hands.
Chapter 91
This psalm inspires the hearts of the people to seek shelter under the wings of the Divine Presence. It also speaks of the four seasons of the year, and their respective ministering powers, instructing those who safeguard their souls to avoid them.
1. You who dwells in the shelter of the Most High, who abides in the shadow of the Omnipotent:
2. I say of the Lord who is my refuge and my stronghold, my God in whom I trust,
3. that He will save you from the ensnaring trap, from the destructive pestilence.
4. He will cover you with His pinions and you will find refuge under His wings; His truth is a shield and an armor.
5. You will not fear the terror of the night, nor the arrow that flies by day;
6. the pestilence that prowls in the darkness, nor the destruction that ravages at noon.
7. A thousand may fall at your [left] side, and ten thousand at your right, but it shall not reach you.
8. You need only look with your eyes, and you will see the retribution of the wicked.
9. Because you [have said,] "The Lord is my shelter," and you have made the Most High your haven,
10. no evil will befall you, no plague will come near your tent.
11. For He will instruct His angels in your behalf, to guard you in all your ways.
12. They will carry you in their hands, lest you injure your foot upon a rock.
13. You will tread upon the lion and the viper; you will trample upon the young lion and the serpent.
14. Because he desires Me, I will deliver him; I will fortify him, for he knows My Name.
15. When he calls on Me, I will answer him; I am with him in distress. I will deliver him and honor him.
16. I will satiate him with long life, and show him My deliverance.
Chapter 92
Sung every Shabbat by the Levites in the Holy Temple, this psalm speaks of the World to Come, and comforts the hearts of those crushed by suffering.
1. A psalm, a song for the Shabbat day.
2. It is good to praise the Lord, and to sing to Your Name, O Most High;
3. to proclaim Your kindness in the morning, and Your faithfulness in the nights,
4. with a ten-stringed instrument and lyre, to the melody of a harp.
5. For You, Lord, have gladdened me with Your deeds; I sing for joy at the works of Your hand.
6. How great are Your works, O Lord; how very profound Your thoughts!
7. A brutish man cannot know, a fool cannot comprehend this:
8. When the wicked thrive like grass, and all evildoers flourish-it is in order that they may be destroyed forever.
9. But You, Lord, are exalted forever.
10. Indeed, Your enemies, O Lord, indeed Your enemies shall perish; all evildoers shall be scattered.
11. But You have increased my might like that of a wild ox; I am anointed with fresh oil.
12. My eyes have seen [the downfall of] my watchful enemies; my ears have heard [the doom of] the wicked who rise against me.
13. The righteous will flourish like a palm tree, grow tall like a cedar in Lebanon.
14. Planted in the House of the Lord, they shall blossom in the courtyards of our God.
15. They shall be fruitful even in old age; they shall be full of sap and freshness-
16. to declare that the Lord is just; He is my Strength, and there is no injustice in Him.
Chapter 93
This psalm speaks of the Messianic era, when God will don grandeur-allowing no room for man to boast before Him as did Nebuchadnezzar, Pharaoh, and Sennacherib.
1. The Lord is King; He has garbed Himself with grandeur; the Lord has robed Himself, He has girded Himself with strength; He has also established the world firmly that it shall not falter.
2. Your throne stands firm from of old; You have existed forever.
3. The rivers have raised, O Lord, the rivers have raised their voice; the rivers raise their raging waves.
4. More than the sound of many waters, than the mighty breakers of the sea, is the Lord mighty on High.
5. Your testimonies are most trustworthy; Your House will be resplendent in holiness, O Lord, forever.
Chapter 94
An awe-inspiring and wondrous prayer with which every individual can pray for the redemption. It is also an important moral teaching.
1. The Lord is a God of retribution; O God of retribution, reveal Yourself!
2. Judge of the earth, arise; render to the arrogant their recompense.
3. How long shall the wicked, O Lord, how long shall the wicked exult?
4. They continuously speak insolently; all the evildoers act arrogantly.
5. They crush Your people, O Lord, and oppress Your heritage.
6. They kill the widow and the stranger, and murder the orphans.
7. And they say, "The Lord does not see, the God of Jacob does not perceive.”
8. Understand, you senseless among the people; you fools, when will you become wise?
9. Shall He who implants the ear not hear? Shall He who forms the eye not see?
10. Shall He who chastises nations not punish? Shall He who imparts knowledge to man [not know]?
11. The Lord knows the thoughts of man, that they are naught.
12. Fortunate is the man whom You chastise, O Lord, and instruct him in Your Torah,
13. bestowing upon him tranquillity in times of adversity, until the pit is dug for the wicked.
14. For the Lord will not abandon His people, nor forsake His heritage.
15. For judgment shall again be consonant with justice, and all the upright in heart will pursue it.
16. Who would rise up for me against the wicked ones; who would stand up for me against the evildoers?
17. Had the Lord not been a help to me, my soul would have soon dwelt in the silence [of the grave].
18. When I thought that my foot was slipping, Your kindness, O Lord, supported me.
19. When my [worrisome] thoughts multiply within me, Your consolation delights my soul.
20. Can one in the seat of evil, one who makes iniquity into law, consort with You?
21. They band together against the life of the righteous, and condemn innocent blood.
22. The Lord has been my stronghold; my God, the strength of my refuge.
23. He will turn their violence against them and destroy them through their own wickedness; the Lord, our God, will destroy them.
Chapter 95
This psalm speaks of the future, when man will say to his fellow, "Come, let us sing and offer praise to God for the miracles He has performed for us!"
1. Come, let us sing to the Lord; let us raise our voices in jubilation to the Rock of our deliverance.
2. Let us approach Him with thanksgiving; let us raise our voices to Him in song.
3. For the Lord is a great God, and a great King over all supernal beings;
4. in His hands are the depths of the earth, and the heights of the mountains are His.
5. Indeed, the sea is His, for He made it; His hands formed the dry land.
6. Come, let us prostrate ourselves and bow down; let us bend the knee before the Lord, our Maker.
7. For He is our God, and we are the people that He tends, the flock under His [guiding] hand-even this very day, if you would but hearken to His voice!
8. Do not harden your heart as at Merivah, as on the day at Massah in the wilderness,
9. where your fathers tested Me; they tried Me, though they had seen My deeds.
10. For forty years I quarreled with that generation; and I said, "They are a people of erring hearts, they do not know My ways.”
11. So I vowed in My anger that they would not enter My resting place.
Chapter 96
The time will yet come when man will say to his fellow: "Come, let us sing to God!"
1. Sing to the Lord a new song; sing to the Lord, all the earth.
2. Sing to the Lord, bless His Name; proclaim His deliverance from day to day.
3. Recount His glory among the nations, His wonders among all the peoples.
4. For the Lord is great and highly praised; He is awesome above all gods.
5. For all the gods of the nations are naught, but the Lord made the heavens.
6. Majesty and splendor are before Him, might and beauty in His Sanctuary.
7. Render to the Lord, O families of nations, render to the Lord honor and might.
8. Render to the Lord honor due to His Name; bring an offering and come to His courtyards.
9. Bow down to the Lord in resplendent holiness; tremble before Him, all the earth.
10. Proclaim among the nations, "The Lord reigns"; indeed, the world is firmly established that it shall not falter; He will judge the peoples with righteousness.
11. The heavens will rejoice, the earth will exult; the sea and its fullness will roar.
12. The fields and everything therein will jubilate; then all the trees of the forest will sing.
13. Before the Lord [they shall rejoice], for He has come, for He has come to judge the earth; He will judge the world with justice, and the nations with His truth.
Tanya: Iggeret HaKodesh, beginning of Epistle 29• Lessons in Tanya
• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Sunday, Cheshvan 19, 5776 · November 1, 2015
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Sunday, Cheshvan 19, 5776 · November 1, 2015
Today's Tanya Lesson
Iggeret HaKodesh, beginning of Epistle 29
The focus of the present letter is the distinctive value of studying the halachot, the laws of the Torah. The Sages deem these laws to be the "crown of Torah," because the Supernal Will is most fully revealed within the laws of the Oral Torah, inasmuch as they clearly spell out G-d's will with regard to the performance of the mitzvot.
In fact, as the Alter Rebbe explains, the Supernal Will as expressed in the mitzvot derives from an even higher level of Divinity than does the Chochmah ("wisdom") of the Torah. Indeed, it is this Divine Will that furnishes the "garments" which enable the soul to absorb the Divine radiance that is manifest in the Garden of Eden.
אשת חיל עטרת בעלה כו'
"A woman of valor is the crown of her husband..."
This verse in the Book of Mishlei1 is a metaphor for the Torah. The Torah is also likened to a wife in another verse:2 "See to live your life with the woman whom you love," which our Sages, of blessed memory, explain3 to mean the Torah.
Here, too, "a woman of valor" refers to the Torah. More specifically, within the Torah itself the Oral Torah is the "wife" and the Written Torah is the "husband". The "woman of valor," which the Alter Rebbe will later explain refers to the halachotof Torah, serves as the "crown" to her husband, the Written Torah.
איתא בגמ' פ"ד דמגילה ודאשתמש בתגא חלף כו' זה המשתמש במי ששונה הלכות כתרה של תורה כו'
The Gemara, in ch. 4 of Megillah,4 [commenting on the teaching of our Sages in Avot5 that] "He who makes use of the crown, passes away [from this world]," states: "This applies to him who makes use of one who studies halachot, which are the crown of the Torah..."
Unlike the text of the Bach, which omits "the crown of the Torah," the Alter Rebbe here accepts the standard printed version as quoted above.
תנא דבי אליהו כל השונה הלכות מובטח לו כו'
The Gemara in Megillah goes on to say: "It was taught in the Academy of Elijah that 'Whoever studieshalachot is assured [of a share in Olam Haba - the World to Come]."'
At the conclusion of Tractate Niddah6 the text reads, "Whoever studies halachot daily ...." Rashi explains there that the term halachot refers to Mishnah, Beraita, and Halachah L'Moshe MiSinai. In Epistle XXIII (above), the Alter Rebbe (based on Rashi elsewhere7) defines halachot as "clearly adjudicated laws of practical application."
וצריך להבין למה נקראו ההלכות בשם תגא וכתרה של תורה
Now it needs to be understood why the halachot are referred to as a "crown" or "the crown of the Torah."
וגם למה השונה הלכות דוקא מובטח לו כו' ולא שאר ד"ת
Furthermore, why is it that he who studies specifically halachot is assured [of a share in the World to Come], and not other Torah subjects, such as Scriptures, Midrash and the like?
וכן להבין מארז"ל בפי"א דמנחות אפי' לא שנה אדם אלא פרק אחד שחרית כו' יצא י"ח
One also needs to understand the teaching of our Sages, of blessed memory, in ch. 11 of Menachot,8 that "even if one studied only a single chapter in the morning [and a single chapter in the evening], he has fulfilled his obligation to study Torah."
The Gemara states there that the individual has fulfilled the commandment that9 "this book of the Torah shall not depart from your mouth." According to a second opinion cited later in the Gemara, that this verse does not constitute an obligation, it is to be understood that according to this opinion it is still obligatory to study Torah at all times; however, if one is unable to do so, he can fulfill his obligation by studying a chapter in the morning and a chapter in the evening.
ולמה אינו יוצא י"ח בשאר ד"ת
Why is one's duty not fulfilled by other Torah subjects?
The expression "one chapter" indicates that the study is of Mishnah, the Oral Torah. Why can one not fulfill his obligation with the study of Scripture, Midrash and the like?
* * *
אך מודעת זאת מ"ש האריז"ל שכל אדם מישראל צריך לבא בגלגולים רבים עד שיקיים כל תרי"ג מצות התורה במחשבה דיבור ומעשה
However, it is well known that R. Isaac Luria, of blessed memory, stated10 that [the soul of] every11Jew needs to be reincarnated many times, until he will fulfill all 613 commandments of the Torah in thought, speech and action, i.e., using all three soul-garments with which one performs the commandments.
להשלים לבושי נפשו ולתקנם שלא יהא לבושא דחסרא כו'
This is in order to complete the garments of his soul and to correct them, so that no garment will be incomplete.
As explained in Tanya, ch. 4, the divine soul has three garments - the thought, speech and action of the 613 commandments of the Torah. If the performance of one of these commandments is lacking, the soul's garments are incomplete. It is thus necessary for each soul to perform all of the commandments.
לבד מצות התלויות במלך שהוא מוציא כל ישראל כי הוא כללות כולם כו'
Excepted12 are the commandments incumbent upon a king,13 because he discharges the obligation of all of Israel, as he is a corporate collective of them all.14
All Jews are incorporated within the king. When he performs those commandments that depend upon him, it is therefore considered as if all the Jewish people had performed them. As to the other commandments, however, if in one incarnation an individual did not perform them all, he must be reincarnated so that he will be able to do so.
Why must one have the garments of all 613 commandments?
והטעם הוא כדי להלביש כל תרי"ג בחי' וכחות שבנפשו
The reason is, in order to garb all the 613 aspects and powers of one's soul,
These 613 "organs" of the soul (see Tanya, ch. 4) must all be clothed in the garments of the mitzvot.
אחת מהנה לא נעדרה כו'
so that not one of them - of these 613 aspects and powers of the soul - will be lacking.
וביאור ענין הכרח וצורך לבושים אלו מבואר בזהר ומובן לכל משכיל
An explanation for the indispensability of these garments is given in the Zohar,15 and is understandable by every thinking person.
כי להיות שנפש רוח ונשמה שבאדם הן בחי' נבראים וא"א לשום נברא להשיג שום השגה בבורא ויוצר הכל א"ס ב"ה
For the Nefesh, Ruach, and Neshamah in man, are created entities, and hence inherently limited, and it is impossible for any created being to attain any apprehension of the blessed Creator and Former of all, Who is infinite.
This, of course, is true with respect to Divinity as it totally transcends all worlds.
וגם אחרי אשר האיר ה' מאורו ית' והאציל בבחי' השתלשלות מדרגות רבות מדרגה אחר מדרגה
Moreover, even after G-d has radiated [a glimmer] of His blessed light, and has caused an emanation in the form of an evolution of numerous [descending] degrees, level beyond level,
בבחי' צמצומים עצומים ולבושים רבים ועצומים
by way of intense contractions and numerous, immense garments that obscure G-dliness -
הידועים לי"ח
these are familiar to those adept in the Esoteric Wisdom,16
ונקראים באד"ר בשם שערות
and in the Idra Rabba17 these [contracted degrees of divine illumination] are referred to as "hairs".
Because the life-force present in hair is so tenuous that it does not even convey sensation, the subtle glimmers of Divine energy that filter through the above-described contractions are referred to metaphorically as "hairs".
וכדכתיב בדניאל ושער רישיה כעמר נקא כו'
And as is written in Daniel,18 "And the hair of His head is like white wool..." from which we see that certain degrees of spiritual down flow are referred to by the term "hair" –
אעפ"כ לא יכלה הנפש או הרוח ונשמה למסבל האור
nevertheless, even after the screening effected by these mighty contractions, neither the Nefesh nor the Ruach andNeshamah can endure the light.
כי טוב ומתוק האור וכו'
For the light is good and sweet... – so intensely so, in fact, that no created being can receive it without expiring, as will soon be explained.
כמ"ש לחזות בנועם ה' לשון נעימות ועריבות ומתיקות ותענוג עצום לאין קץ
As it is written,19 "to behold the pleasantness (no'am) of G-d." [The term no'am] denotes pleasantness, agreeableness, and sweetness, and an infinitely intense delight,
כמ"ש אז תתענג על ה'
as it is written,20 "Then you will delight yourself in G-d,"
והשביע בצחצחות כו'
לשון צחה צמא
[The word tzachtzachot] is related to23 tzichei tzama "parched with thirst"; it denotes a thirst that cannot be slaked, for the pleasure involved is endless,
כמ"ש בזהר
as stated in the Zohar.24
ואין בכחה לקבל הנעימות ועריבות הצחצחות שלא תצא מנרתקה ותתבטל ממציאותה כנר באבוקה
It is not in [the soul's] power to absorb the pleasantness and agreeableness of the [above] pleasurable thirst without leaving its husk, i.e., its limitation, and becoming wholly nullified, just like a candle-flame [becomes entirely nullified] in a torch.
Just as the light of a candle loses its identity as an independent luminary once it is confronted by the intense diffusion of a fiery torch, so, too, the soul would cease to exist as an independent entity if it were to absorb the radiation emanating from the intense light and sweetness of G-dliness,
אם לא שמבחי' אור זה עצמו תשתלשל ותמשך ממנו איזו הארה מועטת בדרך השתלשלות מדריגה אחר מדרגה בצמצומים רבים
were it not that from this very light there will evolve and issue forth some minute radiation, by way of an evolution of level after level, with multitudinous contractions,
עד שיברא ממנה לבוש אחד נברא מעין מהות אור זה להלביש הנפש רוח ונשמה
until a single garment is created of [this contracted light],a creation akin to the nature of this light, with which to garb the Nefesh, Ruach, and Neshamah.
ודרך לבוש זה שהוא מעין אור זה תוכל ליהנות מזיו אור זה ולהשיגו ולא תתבטל ממציאותה
By way of this garment, which is akin to this light, [the soul]can derive enjoyment from the ray of this light, and apprehend it, without becoming wholly nullified out of existence.
Since this garment derives from this light, it not only withstands its intensity itself, but also enables the soul to receive the light. Being a created entity, this garment can be "worn" by the soul. And what is this garment? - It is the garment of mitzvot.
וכמשל הרואה בשמש דרך עששית זכה ומאירה וכו'
This is analogous to someone looking at the sun through a fine and lucid speculum.
וכמ"ש ויבא משה בתוך הענן ויעל כו'
Thus it is written,25 "And Moses entered the midst of the cloud, and he ascended [the mountain]";
שנתלבש בענן ועלה וראה דרך הענן וכו'
that is, he vested himself in the cloud and ascended, and saw by way of the cloud.... i.e., the cloud served as a garment by means of which Moses was able to receive the revelations on Sinai.
כמ"ש בזח"ב דר"י ורכ"ט
Thus it is explained in the Zohar, Volume II, pp. 210 and 229.
| FOOTNOTES | |
| 1. | 12:4. |
| 2. | Kohelet 9:9. |
| 3. | Cf. Kiddushin 30b. |
| 4. | 28b. |
| 5. | 1:13. |
| 6. | 73a. |
| 7. | See Taz, Yoreh Deah 246:2. |
| 8. | 99b. |
| 9. | Yehoshua 1:8. |
| 10. | Note of the Rebbe: "Sefer HaGilgulim, ch. 4; Shaar HaGilgulim, Hakdamah 11:16. The brevity of the Hakdamah to Shaar HaMitzvot precludes any possible contradiction. See also Shelah, beginning of Torah SheBichtav, p. 264b ff." |
| 11. | Note of the Rebbe: "Note that in the Alter Rebbe's Shulchan Aruch, Hilchot Talmud Torah 1:4, this subject is cited with a number of differences: "(a) Here, in Iggeret HaKodesh: 'until he will fulfill'; in the Shulchan Aruch: 'until he fulfills'; preferring actual present performance to future certainty. The difference may be significant when nonperformance is due to circumstances beyond one's control. See also Shelah, ibid. "(b) Here, in Iggeret HaKodesh, after 'mitzvot' the Alter Rebbe adds 'of the Torah,' perhaps by way of reinforcing the necessity for reincarnation; in the Shulchan Aruch this is a less relevant consideration. Moreover, and more importantly, the added phrase distinguishes these mitzvot from the 'seven commandments of the Sages' about to be discussed. "(c) Here, in Iggeret HaKodesh, the order is 'thought, speech and action'; in the Shulchan Aruch the order is 'action, speech and thought.' The same principle is perhaps common to both: 'Not only this but also the next' (see Tosafot at the beginning of Yevamot). In the Shulchan Aruch, therefore, where action is all- important, the Alter Rebbe tells us that even if a particular mitzvahwas fulfilled in action, yet for the sake of its fulfillment in speech, and so on, the individual still needs to be reincarnated. Iggeret HaKodesh, however, [embodies the Torah's innermost dimension, viz., Chassidut, and thus] is the soul of Torah. Here, therefore, following the same principle of precedence, the Alter Rebbe tells us that even if a particular mitzvah was performed in thought, nevertheless, for the sake of its performance in speech, and so on, the individual still needs to be reincarnated. "(d) In the Shulchan Aruch, which is unequivocal law, the Alter Rebbe adds the explanation: 'And speech and thought means the study of their laws; as our Sages taught (Menachot 110) on the verse, 'This is the law of the sin-offering ...,' that 'whoever studies the laws of the sin-offering [is considered to have actually offered the sin-offering].' This may also explain why instead of 'man' (as stated here) the Alter Rebbe there uses the term 'soul.'" |
| 12. | Note of the Rebbe: "An explanation is required as to why in the Shulchan Aruch - which, as mentioned above, should surely have the clearest statement of the law - the Alter Rebbe does not mention this exception concerning the commandments incumbent upon a king." |
| 13. | Note of the Rebbe: "Torah Or, p. 53c, by contrast, expresses this as follows: 'For every Jew must perform all 613 commandments, except for the commandments of the king, for the king discharges all Jews. All the mitzvot must be performed by every individual, and he must be reincarnated or in a state of ibur [lit., "pregnancy", a state wherein the soul of one person attaches itself to the soul of another].' Similarly in Likkutei Torah, Yom HaKippurim, p. 69a: '...and even the mitzvot of the priests or the High Priest, through ibur or reincarnation."' |
| 14. | Note of the Rebbe: "(So, too, in Torah Or, loc cit.:) The Alter Rebbe does not mention the High Priest (Nor does Mishnat Chassidim, Masechet Chiyuv HaNeshamot, beginning of ch. 2.) Likkutei Torah states explicitly that 'every individual is obliged to fulfill ... and even the commandments of priests and the High Priest.' Sefer HaGilgulim, ch. 4, by contrast, groups together 'the commandments ... for the priests ... levites ... kings .. judges and the like.' "It could perhaps be suggested that the Alter Rebbe's above characterization of a Jewish king as 'a corporate collective of them all' alludes to the state of ibur spoken of in Sefer HaGilgulim, loc. cit. Such an allusion would serve well to explain why the Alter Rebbe chose to explain the function of the king by this phrase ('as he is a corporate collective of them all') rather than by the phrase used by Mishnat Chassidim ('because of his stature')." |
| 15. | II, 210b; ibid. 229. |
| 16. | In the original, Chochma Nisteres "the Kabbalah", commonly abbreviated in Hebrew to the acronym "chein". |
| 17. | Zohar III, 128b ff. |
| 18. | 7:9. |
| 19. | Tehillim 27:4. |
| 20. | Yeshayahu 58:14. |
| 21. | Loc. cit., verse 11. |
| 22. | Note of the Rebbe: "See Torah Or, Megillat Esther, p 98b; Or HaTorah, Parshat Tetzaveh, p. 1606; Pardes, Shaar HaTzachtzachot.". |
| 23. | Yeshayahu 5:13. |
| 24. | II, 210b. |
| 25. | Shmot 24:18. |
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Today's Mitzvah
Sunday, Cheshvan 19, 5776 · November 1, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 179
Examining the Witnesses
"You shall inquire, search, and ask diligently"—Deuteronomy 13:15.
Judges are commanded to deliberately, thoroughly and painstakingly cross-examine witnesses, and only then to issue a verdict and punish.
Full text of this Mitzvah »
Sunday, Cheshvan 19, 5776 · November 1, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 179
Examining the Witnesses
"You shall inquire, search, and ask diligently"—Deuteronomy 13:15.
Judges are commanded to deliberately, thoroughly and painstakingly cross-examine witnesses, and only then to issue a verdict and punish.
Full text of this Mitzvah »
Examining the Witnesses
Positive Commandment 179
Translated by Berel Bell
The 179th mitzvah is that we are commanded to investigate and examine the witnesses' testimony before inflicting punishment and issuing a legal decision. We must be as exact as possible in order to avoid making innocent people guilty by reaching a decision based on first impressions and in haste.
The source of this commandment is G‑d's statement1 (exalted be He), "You must investigate and examine, making careful inquiry. And if it is established to be true..." [then you must carry out the punishment].
The details of this mitzvah and its various categories — including how to investigate,2 how to examine,3 how precise we must be, and when the testimony is accepted or rejected based on the investigation — are explained in tractate Sanhedrin.4
FOOTNOTES
1.Deut. 13:15.
2.The questions referred to as d'rishos address the main subject of the testimony, such as which idol was worshiped, what was the murder weapon, etc. See Hilchos Eidus, Ch. 1, Halachah 4; S'ma, Choshen Mishpat 30:5.
3.The questions referred to as chakiros include the time (i.e. the year, the year of the shemitah cycle, the month, the date, the day of the week, the hour) and the location where the act took place. There are a total of seven chakiros. See Hilchos Eidus, ibid.
4.40a ff.
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• Shvuot - Chapter 10
Hayom Yom:
• English Text | Video Class• Sunday, Cheshvan 19, 5776 · 01 November 2015
"Today's Day"
Wednesday Cheshvan 19 5704
Torah lessons: Chumash: Chayei Sara, Revi'i with Rashi.
Tehillim: 90-96.
Tanya: Now this light (p. 577) ...are entirely one. (p. 579).
A response of the Alter Rebbe in a yechidus: Chassidus is Sh'ma Yisrael.1 The word sh'ma is an acronym of s'u marom eineichem, "Raise your eyes on high."2 The verse says "on high" (marom), and not "to the heavens" (shamayim). "On high" means higher and still higher, to attain a level beyond intellect, and grasp this itself intellectually - as the verse concludes, "and see Who created these."
FOOTNOTES
1. Hear O Israel.
2. Yeshayahu 40:26.• Daily Thought:
Halacha 1
If [both] or one of [the plaintiff's] witnesses was unacceptable, a relative,1 or even one of those disqualified from testifying by Rabbinic decree, the king - who is not fit to give testimony2 - was one of his witnesses, or the witnesses heard the testimony from other witnesses,3 [although] they both denied [knowing testimony] and took an oath, they are not liable for a sh'vuat haedut,4 for had they testified, they would not have obligated [the defendant] to pay.5
Halacha 2
[If the plaintiff said:] "I am administering an oath to you that you come and testify on my behalf that so-and-so promised to give me 200 zuz, but he did not," and [the witnesses] denied [knowledge of the matter] and took an oath, they are not liable for a sh'vuat haedut. For even if they would testify concerning the matter, the defendant would not be liable financially because of his statement.6 Similar laws apply in all analogous situations.
Halacha 3
If one charged [witnesses] with testifying that he was a priest or a Levite, or that he was not the son of a woman who underwent divorce or chalitzah,7 and [the witnesses] denied [knowledge of the matter] and took an oath, they are not liable for a sh'vuat haedut. For this is not a financial claim.
Halacha 4
[Similarly, although the witnesses] denied [knowledge of the matter] and took an oath, they are not liable for a sh'vuat haedut [if the plaintiff] charges them with testifying [with regard to the following claims]:
his son inflicted a wound upon him,
so-and-so kindled his grainheap on the Sabbath,
so-and-so raped or seduced his virgin daughter who had been consecrated.
Halacha 5
If there was [only] one witness, he denied [knowledge of a financial claim], and an oath was administered to him, he is not liable for a sh'vuat haedut. [The rationale is that] the testimony of one witness does not obligate financial payment.10
Halacha 6
If one charged two witnesses with testifying that his wife committed adultery and they denied [knowledge of the matter] and took an oath to that effect, they are liable for a sh'vuat haedut. For if they had testified, they would have caused her to forfeit [the money due her by virtue of] her ketubah.11 Thus the one who charged them with testifying would be freed from liability. Hence the witnesses have denied a financial claim.
Halacha 7
If [a husband] charges witnesses - [either witnesses] who observed him administering a [sotah] warning12 or those who observed her entering into privacy with the man concerning whom she was warned - with testifying, and they denied [knowledge of the matter] and took an oath to that effect, they are not liable for a sh'vuat haedut. [The rationale is that] even if they had testified, [the testimony] would not result in a financial claim only in the obligation to have her drink [the sotah] waters. Although this testimony [can] cause her to forfeit [the money due her by virtue of] her ketubah if she does not drink [the sotahwaters],13 a matter that could lead to a financial claim is not considered as a financial claim. For it is possible that she will drink the waters and not invalidate her ketubah.
Halacha 8
[A witness] is liable for a sh'vuat haedut [in the following situation. A man] issued a [sotah] warning to his wife. She entered into privacy [as observed by] two witnesses and then committed adultery, [as observed by] one witness after being warned and entering into privacy. If [the husband] administered an oath to this witness that he come and testify and he denied knowledge [of the matter], he is liable. Although he is only one witness, if he would have delivered this testimony, the woman would have been divorced without receiving [the money due her by virtue of] her ketubah as explained in Hilchot Sotah.14
Halacha 9
Similarly, in any other instance where the testimony of one witness creates a financial obligation, if that witness denies knowledge [of the matter] and took an oath or an oath was administered to him in court supporting his denial, he is liable for a sh'vuat haedut.
Halacha 10
What is implied? Both the plaintiff and the defendant were reputed [to take false] oaths15and hence they are not given the opportunity to take oaths, [the plaintiff] administered an oath to one witness that he should come and testify that so-and-so owes him a maneh and he denied [knowledge of the matter], he is liable for a sh'vuat haedut. For were he to have testified, the defendant would have been required to pay because of his testimony, as will be explained inHilchot To'en.16 Similar laws apply in all analogous situations.
Halacha 11
When a woman administers an oath to one witness that he testify regarding the death of her husband and he denies [knowledge of the matter], he is liable for ash'vuat haedut. Were he to have testified, she would have married and received [the money due her by virtue of] her ketubah.17
Halacha 12
When does the above apply? When she could have collected [the money due her by virtue of] her ketubah from movable property.18 If, however, she could only have collected [this sum] by expropriating landed property, [the witness] is not liable for a sh'vuat haedut. This also applies if there are two witnesses, for when one administers an oath [to witnesses for claims] involving landed property, they are not liable [for a sh'vuat haedut,] as we explained.19
Halacha 13
When a person administers an oath to witnesses in a court and both denied [knowledge of the matter] at once, e.g., the second witness began his denial immediately after the statements of his colleague,20 they are both liable for ash'vuat haedut. Each one of them must bring a sin offering21 for his oath. If the first one denied [knowledge of the matter] and the second witness waited longer than the appointed time period and then denied [knowledge of the matter], the first [witness] is liable for a sh'vuat haedut and the second is exempt. For even if the second had acknowledged [the obligation], his testimony would not have obligated [the defendant] financially.22
Halacha 14
If one of the witnesses acknowledged [the claim] and the other denied [knowledge of it], the one who denied is liable whether he made his denial before [the other witness' acknowledgement] or afterwards.23 If they both denied [knowledge of the matter] at the same time and then one took the initiative and acknowledged [the matter] immediately thereafter,24 he is exempt and the witness that persists in his denial is liable for a sh'vuat haedut.
Halacha 15
When a person administered an oath to two pairs of witnesses who are both fit to deliver testimony and the first group denied [knowledge of the matter] and then the second pair denied knowledge of the matter, the first are not liable for a sh'vuat haedut. [The rationale is that] they are relying on the testimony of the second pair and that testimony is sufficient to expropriate money. Hence the defendant would not be liable to make financial restitution because of the testimony of these [witnesses] who denied [knowledge of the matter] alone.25
If the second pair of witnesses were related to the plaintiff or to the defendant by marriage and their wives were on their deathbeds, the first pair of witnesses are also liable. For at the time the first pair made their denial, the second pair were not fit to give testimony even though they will soon be fit to give testimony when [the women] on their deathbeds die.26 If the second pair make their denial after their wives die, they are liable for a sh'vuat haedut.
Halacha 16
When a person charges his witnesses with testifying on his behalf and they deny [knowledge of the matter], he administers an oath and they answerAmen,27 he administers an oath four or five times and they respond to each oath outside the court, and when they come to the court, they acknowledge [the matter] and testify, they are not liable for a sh'vuat haedut, as we explained.28
If [when] they came to court, they persisted in their denial, they are liable for every one of the oaths [administered] outside the court.29
Halacha 17
When does the above30 apply? When they answered Amen. If, however, they did not answer Amen, but [merely] denied [knowledge of the matter] after every oath, they are not liable unless the oath is administered in court, as we explained.31 [The rationale is that] they did not utter the oath themselves or answer Amen.
Halacha 18
If [the plaintiff] administered an oath to [the witnesses] in court and they denied [knowledge of the matter] and then he administered an oath again four or five times and they deny [knowledge of the matter] each time, they are liable only once for a sh'vuat haedut.32 [This applies whether the oath was administered] in court or outside the court and even if they answered Amen or took the oath on their initiative time after time. [The rationale is that] after they denied [knowledge of the matter] in court, were they to retract and admit [knowledge of it], their testimony would no longer be effective.33
Halacha 19
It can thus be derived that all the oaths that they take after denying [knowledge of the matter] in court involve a denial of testimony that would not obligate [the defendant] financially. [In that instance, the witnesses] are not liable for ash'vuat haedut, but they are liable for a sh'vuat bitui, as we explained.34
| FOOTNOTES | |
| 1. |
Relatives are also among these unacceptable as witnesses. See Hilchot Edut from ch. 9 onward for a detailed discussion of which witnesses are not acceptable.
|
| 2. |
See the gloss of the Kessef Mishneh to Hilchot Melachim 3:7) which explains that since we are required to hold the king in awe, he is not allowed to testify. See also Hilchot Edut 11:9.
|
| 3. |
In which instance, their testimony would not be effective in cases of monetary law.
|
| 4. |
It would seem that according to the Rambam, they are liable for a sh'vuat bitui. The same law applies with regard to the subsequent halachot. See Chapter 9, Halachah 14.
|
| 5. |
Since their testimony is not effective, they are not liable.
|
| 6. |
Making such a statement does not create a binding financial obligation (Sh'vuot 35a).
|
| 7. |
I.e., were his mother to have undergone either divorce or chalitzah, he would be disqualified from the priesthood.
|
| 8. |
The son is liable for execution for wounding his father (Hilchot Mamrim 5:5), the kindler is liable for desecrating the Sabbath, and the seducer or rapist for adultery.
|
| 9. |
Hilchot Na'arah Betulah 1:13 explains that this concept is derived from the exegesis of Exodus 21:22.
|
| 10. |
As stated in Hilchot To'en V'Nitan 1:2, one witness does not make one liable financially, but it does require an oath. There are times when this requirement will also lead to financial payment, for the defendant may chose to pay rather than to take the oath. Nevertheless, since the matter depends on the defendant's choice and not the witness's testimony, he is not liable for a sh'vuat haedut. See Chapter 8, Halachah 1. Nevertheless, as stated in Halachot 8-10 of this chapter, when the testimony of one witness does create an obligation for financial payment, the witness is liable for ash'vuat haedut.
|
| 11. |
For a woman who commits adultery forfeits all the privileges granted her in her ketubah (ante nuptial agreement). See Hilchot Ishut 24:6.
Generally, a person who is guilty of a transgression that involves capital punishment is not held liable for any financial responsibility. This case, however, is an exception, because the woman is not paying anything. It is just that her conduct voids her husband's obligation to pay her.
|
| 12. |
In the era of the Temple, when a man suspected his wife of committing adultery, he would warn her not to enter into privacy with the suspect. Two witnesses had to observe that warning being given. If she in fact entered into privacy with him afterwards as verified by two witnesses, she would have to drink the special sotah waters. If she had indeed committed adultery, the water would cause internal hemorrhaging and she would die. If she was innocent, she would be granted blessings. Here we are speaking of the husband charging either of these two pairs of witnesses to testify.
|
| 13. |
See Hilchot Sotah 2:1.
|
| 14. |
Hilchot Sotah 1:14. Since there are witnesses who testify that she received a warning and that she entered into privacy with the man who was singled out, there is basis to assume that she committed adultery with him. Hence the testimony of one witness is sufficient.
|
| 15. |
See Hilchot To'en V'Nitan 2:1 that mentions the individuals placed in this category: those who took false oaths in the past and those disqualified from testifying because of transgressions they performed.
|
| 16. |
Hilchot To'en V'Nitan 2:4.
|
| 17. |
See Hilchot Gerushin 12:15 which states that our Sages were lenient and accepted the testimony of only one witness in order to allow a woman to remarry. And since they allowed her to remarry on that basis, they also allowed her to collect [the money due her by virtue of] her ketubah.
|
| 18. |
I.e., she took possession of movable property during the lifetime of her husband and after his death, sought to collect the money due her by virtue of her ketubah from it. Otherwise, the moveable property left by her husband is not under lien to his obligations and she must expropriate his landed property. This applies according to the ruling of the Talmud. At present, however, our Rabbis have ordained that a person's movable property is on lien to all of his debts (Radbaz; see Hilchot Ishut 16:8).
|
| 19. |
Chapter 9, Halachah 3. This ruling also applies to the situation described in Halachah 11.
|
| 20. |
The term the Rambam uses has a specific halachic meaning: the time it takes to say: "Shalom Elecha Rabbi, as stated in Chapter 2, Halachah 17.
|
| 21. |
More specifically, an adjustable guilt offering, as stated in Chapter 1, Halachah 12.
|
| 22. |
Since the first witness denied knowledge of the matter, the testimony of the second witness will not be effective, for he is only one witness.
|
| 23. |
He is liable, for had he testified, his testimony would have obligated the defendant.
|
| 24. |
I.e., within the time period, toch k'dei dibbur, mentioned above. Even if he completed his own statements, his colleague spoke, and then he made the denial, he is exempt. See Chapter 2, Halachah 18.
|
| 25. |
And hence they are not liable for a sh'vuat haedut as stated in Chapter 9, Halachah 1.
|
| 26. |
As long as a person is alive, he or she is considered as alive with regard to all the halachic ramifications of that state.
This and the following clause apply when the witnesses observed the testimony before they married the women in question. Otherwise, their testimony will not be acceptable, for they must be fit to testify both at the time they witness the testimony and at the time they deliver it in court.
|
| 27. |
This constitutes acceptance of the oath. If, however, they remain silent outside the court, they are not considered to have accepted the oath.
|
| 28. |
As stated in Chapter 9, Halachah 2, for witnesses to be liable, they must make their denial in court.
They are, however, liable for a sh'vuat bitui for every oath they accepted outside the court (Radbaz).
|
| 29. |
For the same denial applies to all of them. Since they never denied the matter in court, each denial they make is still significant (in contrast to the instance mentioned in Halachah 18).
|
| 30. |
That they are liable for an oath administered outside the court.
|
| 31. |
Chapter 9, Halachot 1, 10.
The Ra'avad differs with the Rambam concerning this issue, stating that he has made a great error in interpreting the difference of opinion between Rabbi Meir and the Sages mentioned inSh'vuot 30b. The Ra'avad maintains that their difference of opinion concerns only whether the denial of knowledge of the matter must be made in the presence of the court or outside of it. Both, however, agree that an oath is significant, whether made in the presence of the court or outside of it. The Rambam, however, maintains that since the witnesses did not take the oath themselves or respond to it, they are not liable. It is only when the oath is administered in court that the oath is significant even though the witnesses do not respond to it.
|
| 32. |
They are, however, liable for a sh'vuat bitui as stated in the following halachah.
|
| 33. |
As stated in Hilchot Edut 3:5, once witnesses testify in court, they cannot change that testimony. Since their testimony would no longer have an effect, they are not liable for a sh'vuat haedut.
|
| 34. |
Chapter 9, Halachah 14. This also applies to all the other instances in this chapter where it was stated that the witnesses were not liable for a sh'vuat haedut.
|
Audio: Listen | Download• Edut - Chapter 2
Halacha 1
What is the difference between the chakirot and the derishot and the bedikot? With regard to the chakirot and the derishot, if one witness gave specific testimony and the second said: "I do not know," their testimony is of no consequence. With regard to the bedikot, by contrast, even if both of them say: "I don't know," their testimony is allowed to stand. If, however, they contradict each other, even with regard to the bedikot, their testimony is nullified.
What is implied? The witnesses testified that one person killed another. One of the witnesses specified the year of the seven year cycle, the year, the month, the date, the day of the week, Wednesday, the time, 12 noon, and the place of the murder. Similarly, they asked him: "With what did he kill him?", and he answered: "With a sword." If the second witnesses outlined his testimony in the same manner except for the time, i.e., he said: "I do not know the time of day at which the murder took place," or he was able to specify the time, but said: "I don't know what he used to kill him. I did not take notice of the murder weapon," their testimony is nullified. If, however, they outlined all the above factors identically, but were asked: "Was he dressed in black or white?" their testimony is allowed to stand if they replied: "We don't know. We did not pay attention to factors like these which are of no consequence."
Halacha 2
If one of the witnesses said: "He was wearing black clothes," and the second one said: "That is not so," he was wearing white clothes, their testimony is nullified. It is as one said: "It took place on Wednesday," and the other said: "It took place on Thursday," in which instance, the testimony is of no consequence. Or it can be compared to a situation where one said: ""He killed him with a sword," and the other says: "He killed him with a lance." The need for corroboration of the witnesses' testimony is derived from Deuteronomy 13:15which states: "And the matter is precise." If they contradicted each other in any matter, their testimony is not precise.
Halacha 3
The following rules apply if there were many witnesses. If two of them testified in a like manner with regard to the chakirot and the derishot, their testimony is allowed to stand and the defendant is executed, even though the third witness says: "I don't know." If, however, that witness contradicts the other two, even with regard to the bedikot, their testimony is nullified.
Halacha 4
If one witness says: "The murder took place on Wednesday, the second of the month," and another says: "It took place on Wednesday, the third of the month," their testimony is allowed to stand. Although there is a contradiction between them, we assume that one knew that an extra day was added to the month, and one did not know.
Until when does the above apply? Until the middle of the month. After the middle of the month, by contrast, e.g., one said: "It took place on the sixteenth of the month," and the second said: "It took place on the seventeenth of the month," their testimony is nullified even though both of them spoke about the same day of the week. The rationale is that by the middle of the month, every one knows when Rosh Chodesh was commemorated.
Halacha 5
If, however, one witness says: "It took place on the third of the month," and the other says: "It took place on the fifth of the month," their testimony is nullified.
If one witness says: "It took place during the second hour of the day," and the other says: "It took place during the third hour," their testimony is allowed to stand. The rationale is that it is common for people to err with regard to one hour. If, however, one says: "It took place during the third hour," and the other says: "It took place during the fifth hour," their testimony is nullified.
If one witness says: "It took place before sunrise," and the other says: "It took place at sunrise," their testimony is nullified. Even though the discrepancy between them is less than one hour, the matter is evident to all. Similar concepts apply with regard to sunset.
Edut - Chapter 3
Halacha 1
The questioning and interrogation of witnesses is required with regard to cases involving both monetary law and capital punishment, as Leviticus 24:22 states: "You shall have one judgment." Nevertheless, our Sages ordained that witnesses in cases involving financial law not be questioned or interrogated, lest this prevent loans from being given.
What is implied? If witnesses say: "So-and-so lent so-and-so a maneh in this year," their testimony is allowed to stand even though they did not specify the month or the place in which the maneh was given, nor did they say of which coinage the maneh was.
Halacha 2
When does the above apply? With regard to admissions of liability, loans, presents, sales, and the like. Cases involving fines, by contrast, require the full process of questioning and interrogation. Needless to say, this applies with regard to cases involving the penalties of lashes and exile. Similarly, if a judge perceives that a claim may be contrived and his suspicions are aroused, questioning and interrogation is necessary even with regard to cases involving financial matters.
Halacha 3
Although there is no requirement to subject witnesses in cases involving monetary law to the full process of questioning and interrogation, if the witnesses contradict each other with regard to the derishot or the chakirot, their testimony is nullified. If the witnesses contradict each other with regard to thebedikot, their testimony is allowed to stand.
What is implied? One witness says: "He borrowed from him in Nissan," and the other witness says: "No, he borrowed in Iyar," their testimony is nullified. Or one says: "The loan was given in Jerusalem," and the second says: "No; we were in Lod," their testimony is nullified. Similarly, if one says: "He lent him a barrel of wine," and the other says: "It contained oil," their testimony is nullified, for they contradicted themselves with regard to the fundamental questions.
If, by contrast, one said: "He lent him a black maneh," while the other said: "It was a white maneh. One said: "They were in the upper storey when he made the loan," and the other said: "They were in the lower storey," their testimony is allowed to stand. Moreover, even if one said: "He lent him a maneh and the other, "He lent him two hundred," the defendant is obligated to pay him at least a maneh, because 200 contains 100. Similarly, if one said: "He owes him the cost of a barrel of wine," and the other says: "...a barrel of oil," the defendant is required to pay the lesser amount of the two. Similar concepts apply in all analogous situations.
Halacha 4
According to Scriptural Law, we do not accept testimony - neither in cases involving financial matter, nor in cases involving capital punishment - except orally from the witnesses, as implied by Deuteronomy 17:6: "On the basis of two witnesses...." Implied is that testimony is accepted only orally, and not on the basis of their written statements.
According to Rabbinic Law, however, we decide cases involving financial matters on the basis of testimony recorded in a legal document even if the witnesses are no longer alive. This measure was enacted lest the alternative prevent loans from being given. We do not adjudicate cases involving fines on the basis of testimony recorded in a legal document. Needless to say, cases involving lashes or exile are decided only on the basis of verbal testimony, not on the basis of a written document.
Halacha 5
In both cases involving financial matters and cases involving capital punishment, once a witness has testified and has been questioned in court, he cannot retract.
What is implied? If the witness state: "I testified in error," "I inadvertently forgot the details and now remembered that it was not so," or "I testified only out of fear of him" we do not heed him, even if he provides an explanation for his statements. Similarly, he cannot add that any of the matters he mentioned in his testimony were conditional.
The general principle is: Any statement made by a witness after his testimony was delivered and questioned that will lead to the nullification of that testimony or that adds a condition to the points stated is not heeded.
Halacha 6
Witnesses who sign a legal document are considered as if their testimony was delivered and questioned by a court of law. They cannot retract it.
When does the above apply? When the authenticity of the document can be verified without their testimony, e.g., other witness who could testify that it was their signatures were present or their signatures were found on other legal documents. If, however, the authenticity of the document could not be verified without their testimony and they said: "This is our handwriting, but we were compelled to do it," "...We were below majority at the time," "...We were related to the litigants," "...We were deceived," their statements are accepted and the legal document is nullified.
Halacha 7
If the witnesses say: "We were not acceptable as witnesses because of a transgression we violated," or "We took a bribe to testify on this document," their word is not accepted. The rationale is that a person's own testimony can never be used to have him considered as wicked. Instead, two witnesses must testify that he is wicked.
Similarly, if the witnesses say: "Our words were given on faith, their words are not accepted. For a person who signs as a witness on a promissory note given on faith is considered as if he gave false testimony.
Halacha 8
If witnesses say: "A protest was made by the seller to us with regard to this deed of sale," their words are accepted even though their signatures were found on other legal documents.
Halacha 9
When the witnesses signed on the document say: "The legal document was composed conditionally," their word is not accepted if their signatures were found on other legal documents. If, however, the authenticity of the document could not be verified without their testimony, their statements are accepted and we tell the litigants: "Fulfill the condition and then bring the matter to judgment."
Halacha 10
If one of the witnesses says: "The transaction was made conditionally," and the other says, "There was no condition involved," the testimony of the one witness is of consequence.
Halacha 11
Also in laws involving financial matters, we receive testimony only in the presence of the litigants. If, however, the plaintiff was deathly ill or the witnesses desired to travel overseas and the defendant was summoned and yet did not come, we receive the testimony outside his presence.
When does the above apply? To testimony given orally. The authenticity of the signatures of a legal document, by contrast, may be verified outside the defendant's presence. Moreover, even if the defendant is present and protests vociferously: "This document is a forgery," "They are false witnesses," or "They are unacceptable witnesses," we pay no heed to him. Instead, we verify the authenticity of the document. If the defendant brings proof which disqualifies the document, it is disqualified.
Halacha 12
Whenever a plaintiff has witnesses who will testify to prove his claim, he must tend to the witnesses until he brings them to court. If the court knows that the defendant is a strong and stubborn person and the plaintiff claims that the witnesses are afraid to come and testify on behalf of the plaintiff, the court compels the defendant to bring the witnesses. We adjudicate cases involving strong and stubborn people according to these and other analogous principles.
Edut - Chapter 4
Halacha 1
Both witnesses in cases involving capital punishment must see the person committing the transgression at the same time. They must deliver their testimony together, in the same court. These requirements do not apply with regard to cases involving financial matters.
What is implied? If while looking from one window, a witness saw the person commit the transgression and the other witness saw him from the other window, their testimonies can be combined if they see each other. If they cannot see each other, their testimonies cannot be combined. If a person who administered the warning sees the witnesses and the witnesses see him, because of the person administering the warning, their testimony is combined even though they do not see each other.
If they do not see the transgression at the same time, their testimony is not combined. For example, the two witnesses were in one house and one stuck his head out of the window and saw a person perform a forbidden labor on the Sabbath and another person issue a warning. He then thrust in his head and the other witness stuck his head out of the same window and saw the person commit the transgression. Their testimonies cannot be combined unless they both see the transgression at the same time.
The following laws apply when two witnesses see the transgressor from one window, two other witnesses see him from another window, and there is a person who gives a warning in between. If some of them see each other, they are considered as one group of witnesses. If they do not see each other and the person giving the warning does not include them together, they are considered as two groups of witnesses. Therefore if one group are discovered to be zomamim, the transgressor and the witnesses are executed. For the transgressor is executed on the basis of the testimony of the second group of witnesses.
Halacha 2
With regard to cases involving financial matters, by contrast, even though they did not see each other, their testimony can be combined.
What is implied? One witness said: "In my presence, he lent money him on this-and-this day" or "In my presence, he acknowledged a debt," and the second witness says: "I also testify that he lent him money" or "...acknowledged a debt" on a different day, their testimony can be combined.
Halacha 3
Similarly, if one witness states: "He gave a loan in my presence," and the other said: "He acknowledged a debt in my presence," or the first said: "He acknowledged a debt in my presence," and the other testified afterwards, saying: "He gave a loan in my presence," their testimony can be combined.
Halacha 4
Similar concepts apply with regard to the time of their testimony in court. One may come on one day and the court will hear his testimony and the other may come on a later date and have his testimony heard. The testimonies may be combined and money expropriated on this basis.
Halacha 5
Similarly, if the testimony of one witness was recorded in a legal document and the other testified orally, their testimony may be combined. If the witness who did not record his testimony states: "I entered into an act of contract with him concerning this manner, but the lender did not come and ask me to record my testimony in a legal document," the two can join together to give the claim the status of a loan backed by a promissory note. The borrower may not claim: "I repaid the debt."
Halacha 6
The following laws apply in cases involving financial matters. If one witness delivered testimony in one court and the other witness delivered testimony in a second court, the two courts should come together and combine the testimonies. Similarly, if two witnesses delivered testimony in one court and then delivered testimony in another court, a member of either court can join together with a member of the other court. The statements of a witness and a judge before whom two witnesses testified may not be combined.
Halacha 7
Although testimony of two witnesses may be combined in matters of financial law, each of the witnesses must deliver testimony concerning an entire matter, as we explained. If, by contrast, one witness testifies concerning a portion of a matter and the other witness testifies concerning another portion of the matter, we do not establish the matter on the basis of their testimony, as indicated byDeuteronomy 19:15: "According to the testimony of two witnesses shall the matter be established."
What is implied? One witness testifies that a person benefited from a field one year, another testifies that he benefited in the following year, and a third testifies that he benefited in the third year, the testimonies of the three cannot be linked together to say that he benefited for three years. For each of them testified only about a portion of the matter.
Similarly, if one witness testifies: "I saw one hair on the person's right side," and another witness testifies: "I saw one hair on the person's left side," their testimonies are not linked together so that we can say that two people testified that the person concerned manifested signs of physical maturity on that particular day. For each of them testified only about a portion of the physical signs required. Even if two witnesses testified that they saw one hair and two other witnesses testified that they saw another hair, their testimony is of no consequence. Since they both testified about only half the matter, this is not acceptable testimony.
If, however, one witness testified that he saw two hairs on the person's right side and another witness testified that he saw two hairs on the person's left side, their testimony can be linked together. Similar concepts apply in all analogous situations.
• English Text | Video Class• Sunday, Cheshvan 19, 5776 · 01 November 2015
"Today's Day"
Wednesday Cheshvan 19 5704
Torah lessons: Chumash: Chayei Sara, Revi'i with Rashi.
Tehillim: 90-96.
Tanya: Now this light (p. 577) ...are entirely one. (p. 579).
A response of the Alter Rebbe in a yechidus: Chassidus is Sh'ma Yisrael.1 The word sh'ma is an acronym of s'u marom eineichem, "Raise your eyes on high."2 The verse says "on high" (marom), and not "to the heavens" (shamayim). "On high" means higher and still higher, to attain a level beyond intellect, and grasp this itself intellectually - as the verse concludes, "and see Who created these."
FOOTNOTES
1. Hear O Israel.
2. Yeshayahu 40:26.• Daily Thought:
Nature, Miracles & Beyond
What is natural law? Natural law is when the Director directs each of His actors according to its character. Wondrous, but sensible. G‑d has endless wisdom.
What are miracles? Miracles are when the Director directs His actors freely, unrestrained by the character He has assigned each one. Amazing, but why not? G‑d is free to do as He wants.
Then there are the greatest of miracles: When the Director directs the show entirely contrary to the character of His actors, while directing each actor according to its character. The impossible occurs in a seemlessly natural way.
There is no room in our minds for such miracles. They are a perfect paradox—freedom and wisdom, chaos and order in perfect harmony. And therefore, we rarely can admit that they have occurred.
But go beyond your nature to fulfill your mission in life and you will ride the waves of such miracles, and the entire world will see with open eyes.
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