Today in Jewish History:
• Mumbai Terror Attacks (2008)
The city of Mumbai, India, was hit with a series of coordinated terror attacks, starting on Wednesday evening, the 29th of Cheshvan 5769, which left close to 200 dead and scores more injured.
One of the terrorists' chosen targets was the local Chabad House, known as the "Nariman House," operated by Chabad-Lubavitch emissaries Rabbi Gavriel Noach (Gabi) and Rivkah (Rivki) Holtzberg.
In the subsequent standoff, which continued until Friday afternoon, Gabi and Rivki and several other Jews in the Chabad House – Rabbis Bentzion Chroman and Leibish Teitelbaum, Norma Schwartzblatt-Rabinowitz and Yocheved Orpaz – were killed in cold blood. May G‑d avenge their murders.
Miraculously, the Holtzbergs' two-year-old child, Moshe, was saved by his nanny.
Link: Mumbai Terror Attacks
Daily Quote:
The time of prayer is a time of war[Zohar].
Daily Study:
Chitas and Rambam for today:
Chumash: Toldot, 4th Portion Genesis 26:23-26:29 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 26
23And he went up from there to Beer sheba. כגוַיַּ֥עַל מִשָּׁ֖ם בְּאֵ֥ר שָֽׁבַע:
24And the Lord appeared to him on that night and said, "I am the God of Abraham, your father. Fear not, for I am with you, and I will bless you and multiply your seed for the sake of Abraham, My servant." כדוַיֵּרָ֨א אֵלָ֤יו יְהֹוָה֙ בַּלַּ֣יְלָה הַה֔וּא וַיֹּ֕אמֶר אָֽנֹכִ֕י אֱלֹהֵ֖י אַבְרָהָ֣ם אָבִ֑יךָ אַל־תִּירָא֙ כִּֽי־אִתְּךָ֣ אָנֹ֔כִי וּבֵֽרַכְתִּ֨יךָ֙ וְהִרְבֵּיתִ֣י אֶת־זַרְעֲךָ֔ בַּֽעֲב֖וּר אַבְרָהָ֥ם עַבְדִּֽי:
25And he built an altar there, and he called in the name of the Lord, and he pitched his tent there, and Isaac's servants dug a well there. כהוַיִּ֧בֶן שָׁ֣ם מִזְבֵּ֗חַ וַיִּקְרָא֙ בְּשֵׁ֣ם יְהֹוָ֔ה וַיֶּט־שָׁ֖ם אָֽהֳל֑וֹ וַיִּכְרוּ־שָׁ֥ם עַבְדֵֽי־יִצְחָ֖ק בְּאֵֽר:
26And Abimelech went to him from Gerar, and a group of his companions and Pichol, his general. כווַֽאֲבִימֶ֕לֶךְ הָלַ֥ךְ אֵלָ֖יו מִגְּרָ֑ר וַֽאֲחֻזַּת֙ מֵֽרֵעֵ֔הוּ וּפִיכֹ֖ל שַׂר־צְבָאֽוֹ:
and a group of his companions: Heb. וַאִחֻזַת מֵרֵעֵהוּ, as the Targum renders: וְסִיעַת מֵרַחִמוֹהִי, a group of his friends [the “mem” meaning“of”](Gen. Rabbah 64:9). Some interpret that in the word מֵרֵעֵהוּ, the “mem” is [part of] the root of the word, like (Jud. 14:11):“the thirty companions” (מֵרֵעִים) of Samson, in order that the word וַאִחֻזַת should be in the construct state [i.e., the group of his friends]. However, it is not polite to speak of royalty in this manner, i.e.,“his group of companions,” because this would imply that he brought his entire group of companions, and that he had only one group of companions. Therefore, it should be interpreted in the previous manner, [i.e., that אִחֻזַת is not construct]. And do not be puzzled about the letter“thav” of אִחֻזַת. Although the word is not in the construct state, there are similar cases in Scripture (Ps. 60:13):“help against the adversary” עֶזְרָת מִצָּר (Isa. 51: 21):“drunk, but not from wine” (וּשְׁכֻרַת וְלֹא מִיָּיִן). ואחזת מרעהו: כתרגומו וסיעת מרחמוהי, סיעת מאוהביו. ויש פותרין מרעהו מ' מיסוד התיבה, כמו (שופטים יד יא) שלשים מרעים דשמשון, כדי שתהיה תיבת ואחוזת דבוקה, אבל אין דרך ארץ לדבר על המלכות כן סיעת אוהביו, שאם כן כל סיעת אוהביו הוליך עמו ולא היה לו אלא סיעה אחת של אוהבים, לכן יש לפותרו כלשון הראשון. ואל תתמה על תי"ו של ואחוזת ואף על פי שאין התיבה סמוכה, יש דוגמתה במקרא (תהלים ס יג) עזרת מצר, (ישעיה נא כא) ושכורת ולא מיין:
a group: Heb. אִחֻזַת, an expression of a gathering or a band [of people] who are held (שֶׁנֶאֱחָזִין) together. אחזת: לשון קבוצה ואגודה שנאחזין יחד:
27And Isaac said to them, "Why have you come to me, since you hate me, and you sent me away from you?" כזוַיֹּ֤אמֶר אֲלֵהֶם֙ יִצְחָ֔ק מַדּ֖וּעַ בָּאתֶ֣ם אֵלָ֑י וְאַתֶּם֙ שְׂנֵאתֶ֣ם אֹתִ֔י וַתְּשַׁלְּח֖וּנִי מֵֽאִתְּכֶֽם:
28And they said, "We have seen that the Lord was with you; so we said: Let there now be an oath between us, between ourselves and you, and let us form a covenant with you. כחוַֽיֹּאמְר֗וּ רָא֣וֹ רָאִ֘ינוּ֘ כִּֽי־הָיָ֣ה יְהֹוָ֣ה | עִמָּךְ֒ וַנֹּ֗אמֶר תְּהִ֨י נָ֥א אָלָ֛ה בֵּֽינוֹתֵ֖ינוּ בֵּינֵ֣ינוּ וּבֵינֶ֑ךָ וְנִכְרְתָ֥ה בְרִ֖ית עִמָּֽךְ:
And they said,"We have seen: Heb. רָאו ֹרָאִינוּ, [a double expression meaning:] We saw it regarding your father; we saw it regarding you. [From Gen. Rabbah 64:10] ראו ראינו: ראינו באביך ראינו בך:
Let there now be an oath between us, etc.: Let the oath that has existed between us from the days of your father be now also between us and you. [From Targum Onkelos] תהי נא אלה בינותינו וגו': האלה אשר בינותינו מימי אביך, תהי גם עתה בינינו וביניך:
29If you do [not] harm us, as we have not touched you, and as we have done with you only good, and we sent you away in peace, [so do] you now, blessed of the Lord." כטאִם־תַּֽעֲשֵׂ֨ה עִמָּ֜נוּ רָעָ֗ה כַּֽאֲשֶׁר֙ לֹ֣א נְגַֽעֲנ֔וּךָ וְכַֽאֲשֶׁ֨ר עָשִׂ֤ינוּ עִמְּךָ֙ רַק־ט֔וֹב וַנְּשַׁלֵּֽחֲךָ֖ בְּשָׁל֑וֹם אַתָּ֥ה עַתָּ֖ה בְּר֥וּךְ יְהֹוָֽה:
we have not touched you: when we said to you, “Go away from us.” לא נגענוך: כשאמרנו (לעיל פסוק טז) לך מעמנו:
you: You too, (other editions: now too) do to us likewise. אתה: גם אתה עשה עמנו כמו כן:
David composed this psalm against his slanderers, especially the chief conspirator Doeg. Anyone confronted by slanderers should recite this psalm.
1. For the Conductor, a psalm by David.
2. Rescue me from the evil man, protect me from the man of violence,
3. who devise evil schemes in their heart; every day they gather for wars.
4. They sharpen their tongues like a serpent; the spider's venom is forever under their lips.
5. Guard me, Lord, from the hands of the wicked, protect me from the man of violence-those who plot to cause my steps to slip.
6. Arrogant ones have hidden a snare for me, and ropes; they spread a net by my path, they set traps for me continually.
7. I said to the Lord, "You are my God!" Listen, O Lord, to the voice of my pleas.
8. God, my Lord, the strength of my deliverance, You sheltered my head on the day of armed battle.
9. Grant not, O Lord, the desires of the wicked; fulfill not his scheme, make it unattainable forever.
10. As for the head of my besiegers, let the deceit of their own lips bury them.
11. Let burning coals fall upon them; let it cast them down into the fire, into deep pits, never to rise again.
12. Let not the slanderous man be established in the land; let the evil of the man of violence trap him until he is overthrown.
13. I know that the Lord will execute judgement for the poor, justice for the needy.
14. Indeed, the righteous will extol Your Name; the upright will dwell in Your presence.
Chapter 141
This psalm teaches an important lesson: One should pray for Divine assistance that his mouth not speak that which is not in his heart. The gatekeeper only allows the gate to be opened for a purpose; let it be the same with one's lips.
1. A psalm by David. O Lord, I have called You, hasten to me; listen to my voice when I call to You.
2. Let my prayer be set forth as incense before You, the raising of my hands as an afternoon offering.
3. O Lord, place a guard for my mouth, keep watch over the door of my lips.
4. Do not incline my heart to a bad thing-to perform deeds in wickedness, with men, doers of evil; let me not partake of their delicacies.
5. Let the righteous one strike me with kindness and let him rebuke me; like the finest oil, let my head not refuse it. For as long [as I live], my prayer is [to preserve me] from their harm.
6. For their judges have slipped because of their [hearts of] rock, though they heard my words and they were pleasant.
7. As one who chops and splinters [wood] on the ground, so have our bones been scattered to the mouth of the grave.
8. For to You, God, my Lord, are my eyes; in You I take shelter; do not pour out my soul.
9. Protect me from the hands of the snare they laid for me, and from the traps of the evildoers.
10. Let the wicked fall into their own nets together, until I pass over.
Chapter 142
David composed this psalm while hiding from Saul in a cave, at which time he had cut off the corner of Saul's garment (to prove that he was able to kill him but did not wish to do so). He declared, "Where can I turn, and where can I run? All I have is to cry out to You!"
1. A maskil1 by David, when he was in the cave, a prayer.
2. With my voice I will cry out to the Lord; with my voice I will call to the Lord in supplication.
3. I will pour out my plea before Him; I will declare my distress in His presence.
4. When my spirit is faint within me, You know my path. In the way in which I walk, they have hidden a snare for me.
5. Look to my right and see, there is none that will know me; every escape is lost to me. No man cares for my soul.
6. I cried out to You, O Lord; I said, "You are my refuge, my portion in the land of the living.”
7. Listen to my song of prayer, for I have been brought very low. Deliver me from my pursuers, for they are too mighty for me.
8. Release my soul from confinement, so that it may acknowledge Your Name. Because of me, the righteous will crown [You] when You will deal graciously with me.
FOOTNOTES
1. A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 143
1. A psalm by David. O Lord, hear my prayer, lend Your ear to my supplications. With Your faithfulness answer me, and with Your righteousness.
2. Do not enter into judgment with Your servant, for no living being would be vindicated before You.
3. For the enemy has pursued my soul; he has crushed my life to the ground; he has set me down in dark places, like those who are eternally dead.
4. Then my spirit became faint within me; my heart was dismayed within me.
5. I remembered the days of old; I meditated on all Your deeds; I spoke of Your handiwork.
6. I spread out my hands to You; like a languishing land my soul yearns after You, Selah.
7. Answer me soon, O Lord, my spirit is spent; hide not Your face from me, lest I become like those who descend into the pit.
8. Let me hear Your kindness in the morning, for have I trusted in You. Let me know the way in which I should walk, for to You I have lifted my soul.
9. Deliver me from my enemies, O Lord. I have concealed [my troubles from all, save] You.
10. Teach me to do Your will, for You are my God. Let Your good spirit lead me in an even path.
11. For the sake of Your Name, O Lord, give me life; in Your righteousness, take my soul out of distress.
12. And in Your kindness, cut off my enemies and obliterate all those who oppress my soul, for I am Your servant.
Chapter 144
After triumphing in all his wars, David composed this psalm in praise of God.
1. By David. Blessed be the Lord, my Rock, Who trains my hands for battle and my fingers for war.
2. My source of kindness and my fortress, my high tower and my rescuer, my shield, in Whom I take refuge; it is He Who makes my people submit to me.
3. O Lord, what is man that You have recognized him; the son of a mortal, that You are mindful of him?
4. Man is like a breath; his days are like a passing shadow.
5. O Lord, incline Your heavens and descend; touch the mountains and they will become vapor.
6. Flash one bolt of lightning and You will scatter them; send out Your arrows and You will confound them.
7. Stretch forth Your hands from on high, rescue me and deliver me out of many waters, from the hand of strangers,
8. whose mouth speaks deceit and whose right hand is a right hand of falsehood.
9. God, I will sing a new song to You, I will play to You upon a harp of ten strings.
10. He who gives victory to kings, He will rescue David, His servant, from the evil sword.
11. Rescue me and deliver me from the hand of strangers, whose mouth speaks deceit and whose right hand is a right hand of falsehood.
12. For our sons are like plants, brought up to manliness in their youth; our daughters are like cornerstones, fashioned after the fashion of a palace.
13. Our storehouses are full, overflowing with all manner of food; our sheep increase by the thousands, growing by the tens of thousands in our open fields.
14. Our leaders bear the heaviest burden; there is none who break through, nor is there bad report, nor outcry in our streets.
15. Happy is the nation for whom this is so. Happy is that nation whose God is the Lord.
---------------------
Tanya: Kuntres Acharon, beginning of Essay 3
• Lessons in Tanya
Tanya: Kuntres Acharon, beginning of Essay 3
• Lessons in Tanya
• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class
• Wednesday, Cheshvan 29, 5776 · November 11, 2015
• Hebrew Text
• Audio Class: Listen | Download
• Video Class
• Wednesday, Cheshvan 29, 5776 · November 11, 2015
Today's Tanya Lesson
Kuntres Acharon, beginning of Essay 3
In chs. 39 and 40 of Tanya the Alter Rebbe spoke of the various worlds to which souls ascend as a result of their Torah study and spiritual service. Their level in each case is determined by the individual’s intention at the time: If the study and prayer were accompanied by love and awe generated by the contemplation of G-d’s greatness, they rise to the World ofBeriah, the world of comprehension; if the love and fear are merely instinctive (inasmuch as they are inherent within every Jew), then the study and prayer ascend to the World of Yetzirah, the world of the spiritual emotions.
The Alter Rebbe also stated there that the Torah and spiritual service itself ascends to the Sefirot, which are the G-dliness of the worlds.
All this, however, applies only when the Torah study and the spiritual service are motivated by a kavanah lishmah, a pure intent born of a love or awe of G-d. If, however, this intent is lacking, such as when one studies Torah out of habit, this Torah study does not ascend to the Sefirot of the worlds. For the Sefirot are the G-dliness of the world, and “without love and fear they cannot [ascend and] stand before G-d.” Such a grade of Torah study ascends only as far as the chitzoniyut (the “external” aspect) of the worlds, where the angels abide.
Concerning this the Alter Rebbe quoted R. Chayim Vital, who states1 that Torah study that is uninspired by proper intent(kavanah) creates angels in the World of Yetzirah, while commandments fulfilled without proper intent create angels in the World of Asiyah.
(“Without intent” here means without an intent that stems from love or fear of G-d; it does not mean that there was no intent at all. For, as explained by R. Levi Yitzchak Schneerson, the saintly father of the Rebbe, since angels comprise both form and matter, as the Alter Rebbe stated above, we must say that the Torah study that creates them has form and matter likewise. These are speech and intent, respectively.)
In any event, we see that Torah even without proper intent creates angels in the World of Yetzirah — and this it can do only by having risen to that world.
Now why should this be different from prayer? For prayer without proper intent remains mired below in this world. Why is it that when Torah study and prayer are performed with proper intent they both rise to the same world (whether Beriah orYetzirah), while when they lack the proper intent, the Torah rises to Yetzirah and creates angels there, while the prayers remain below in this world?
This is the central question addressed in the following essay.
להבין מה שכתוב בשער היחודים, פרק ב׳
To understand the statement in Shaar HaYichudim, ch. 2,
Shaar HaYichudim of R. Chayim Vital (which appears in Shemoneh She’arim of current editions of the writings of theAriZal) is part of Shaar Ruach HaKodesh. The Rebbe once remarked in a talk, that the introduction to Shaar HaYichudimstates that it is divided into several She’arim (Shaar HaNevuah, Shaar Ruach HaKodesh, and Shaar Tikkun Avonot). The Rebbe then noted the precision of the Alter Rebbe’s writings: In ch. 40 of Tanya he quotes a passage from Shaar HaYichudimand specifies that its source is Shaar HaNevuah, while with regard to another passage he simply cites Shaar HaYichudim.
In light of the above, clarification is needed as to why in ch. 40, when speaking of the angels that are created in the World of Yetzirah by Torah that is not studied lishmah (“for its own sake”), the Alter Rebbe cites Shaar HaNevuah, while here he cites Shaar HaYichudim.
דעל ידי תורה שלא בכוונה, נבראים מלאכים בעולם היצירה
that through Torah without proper intention, angels are created in the World of Yetzirah:
ושם הביא מהזהר, פרשת שלח, דלית קלא דאתאביד כו׳, בר קלא דאורייתא וצלותא דסליק ובקע כו׳
There [this source] quotes the Zohar, Parshat Shlach:2 “There is no voice lost [from this world], except the voice of Torah and prayer that ascends and pierces [the heavens]”; i.e., it does not remain below, but ascends.
והנה מכוונת התפלה נבראו מלאכים בעולם הבריאה, כמו מכוונת התורה
Now, through intention in prayer, angels are created in the World of Beriah, as with intention in the study of Torah.
Considering the results of one’s intent in avodah, then, prayer and Torah are thus similar: they both ascend to the same level, the World of Beriah.
ובלא כוונה, נדחית למטה לגמרי
Without proper intent, [prayer] is repelled utterly downward.
כמו שכתוב בזהר, פרשת פקודי, דף רמ״ה עמוד ב׳: גו רקיע תתאה כו׳
So it is stated in the Zohar, Parshat Pekudei, p. 245b, “Into the lowest heaven,...”
When prayer is not “as it should be,” i.e., when it is without proper intent, it is banished “into the lowest [of the heavens that govern the world].”
דאקרין צלותין פסילאן כו׳
“These [prayers] are called invalid prayers,” as the Zohar goes on to say.
ועיין שם פרשת ויקהל, דף ר״א עמוד ב׳: אי היא מלה כדקא יאות כו׳
Examine also [the Zohar,] Parshat Vayakhel, p. 201b: “If it is a seemly word...,” i.e., if a prayer is prompted by a proper intent, then the angel appointed as warden of prayers “kisses it” and elevates it.
Thus, prayer ascends only when it is propelled by a proper intent. If so, then since Torah and prayer are similar when they are performed with the proper intent, why when the proper intent is lacking is Torah still able to create angels in the World ofYetzirah, while prayer without proper intent is repelled into the lowest heaven?
| FOOTNOTES | |
| 1. | Shaar HaNevuah, ch. 2. |
| 2. | 168b, 169a. |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Today's Mitzvah
Wednesday, Cheshvan 29, 5776 · November 11, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 168
The High Priest Coming in Contact with a Corpse
"Nor may he defile himself for his father or mother"—Leviticus 21:11.
A high priest may not become ritually impure through contact with a corpse – whether through touching or carrying it – even if the deceased is his next of kin.
Full text of this Mitzvah »
The High Priest Coming in Contact with a Corpse
Negative Commandment 168
Translated by Berel Bell
The 168th prohibition is that a kohen gadol is forbidden from becoming tameh by means of a dead body, regardless of the type of contact — whether through touching or carrying.1
The source of this prohibition is G‑d's statement,2 "He shall not become tameh [even] for his father or mother."
You might think that this mitzvah and the previous one3 are all one idea, and the phrase, "He shall not become tameh [even] for his father or mother," is merely explaining [the previous phrase4]. But this is not the case; there are two prohibitions, "He shall not come," and "He shall not become tameh." [We see this from] the words of the Sifra:5 "He is punished for transgressing, 'He shall not come,' and he is punished for transgressing, 'He shall not become tameh.' "
These prohibitions [regarding a kohen gadol] also apply to a regular kohen, because of a gezeira shavah.6 Our Sages said, "Just as the kohen gadol is forbidden from becoming tameh through a dead body by two prohibitions — 'He shall not come' and 'He shall not become tameh' — so too the regular kohen. Since he is prohibited from becoming tameh,7 he also has the prohibition, 'He shall not come.' " This prohibition, however, is not counted separately, for the reason given in the Second Introductory Principle.8
But we have counted these [of the kohen gadol] as two separate mitzvos because there are two separate statements: "He shall not come" and "He shall not become tameh." And the prohibition "he shall not come" is independent of "he shall not become tameh," as our Sages, guardians of the Oral Tradition, said, "He is punished for transgressing, 'He shall not come,' and he is punished for transgressing, 'He shall not become tameh.' "
FOOTNOTES
1.Tumah can be conveyed through touching the dead body [maga] or by carrying it, even if it is not touched [masa]. There is a third way, ohel, which is transmitted when the person is under the same roof (literally, "tent") as the dead body. This third type of tumah is counted by the Rambam as a separate prohibition (N167), as he now explains.
2.Lev. 21:11.
3.N167, regarding the tumah of ohel (see footnote above). As listed in Mishneh Torah (and therefore listed in the Moreh Shiur for Sefer HaMitzvos), this mitzvah comes after the present mitzvah, not before it as in Sefer HaMitzvos itself.
4.The full verse reads, "He shall not come into [a tent containing] any dead body; He shall not become tameh [even] for his father or mother." If the second phrase (N168) was merely explaining the first (N167), it would be as if the verse said, "He shall not come into [a tent containing] any dead body in order that he not become tameh for his father or mother." If read in this way, the verse would constitute one mitzvah instead of two.
5.Parshas Emor, op. cit.
6.This is one of the 13 methods of Torah extrapolation. When two laws or ideas contain the same word or phrase, other aspects of the laws or ideas are sometimes applied to each other. In this case, the phrase, "He shall not become tameh," is said both by the kohen gadol (Lev. 21:11) and the regular kohen (ibid., 21:1) and the two are therefore compared.
7.N166. See footnote there.
8.A mitzvah which is derived by means of one of the 13 methods of Torah extrapolation is not counted among the 613 mitzvos.
-------------------------------------
Wednesday, Cheshvan 29, 5776 · November 11, 2015
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 168
The High Priest Coming in Contact with a Corpse
"Nor may he defile himself for his father or mother"—Leviticus 21:11.
A high priest may not become ritually impure through contact with a corpse – whether through touching or carrying it – even if the deceased is his next of kin.
Full text of this Mitzvah »
The High Priest Coming in Contact with a Corpse
Negative Commandment 168
Translated by Berel Bell
The 168th prohibition is that a kohen gadol is forbidden from becoming tameh by means of a dead body, regardless of the type of contact — whether through touching or carrying.1
The source of this prohibition is G‑d's statement,2 "He shall not become tameh [even] for his father or mother."
You might think that this mitzvah and the previous one3 are all one idea, and the phrase, "He shall not become tameh [even] for his father or mother," is merely explaining [the previous phrase4]. But this is not the case; there are two prohibitions, "He shall not come," and "He shall not become tameh." [We see this from] the words of the Sifra:5 "He is punished for transgressing, 'He shall not come,' and he is punished for transgressing, 'He shall not become tameh.' "
These prohibitions [regarding a kohen gadol] also apply to a regular kohen, because of a gezeira shavah.6 Our Sages said, "Just as the kohen gadol is forbidden from becoming tameh through a dead body by two prohibitions — 'He shall not come' and 'He shall not become tameh' — so too the regular kohen. Since he is prohibited from becoming tameh,7 he also has the prohibition, 'He shall not come.' " This prohibition, however, is not counted separately, for the reason given in the Second Introductory Principle.8
But we have counted these [of the kohen gadol] as two separate mitzvos because there are two separate statements: "He shall not come" and "He shall not become tameh." And the prohibition "he shall not come" is independent of "he shall not become tameh," as our Sages, guardians of the Oral Tradition, said, "He is punished for transgressing, 'He shall not come,' and he is punished for transgressing, 'He shall not become tameh.' "
FOOTNOTES
1.Tumah can be conveyed through touching the dead body [maga] or by carrying it, even if it is not touched [masa]. There is a third way, ohel, which is transmitted when the person is under the same roof (literally, "tent") as the dead body. This third type of tumah is counted by the Rambam as a separate prohibition (N167), as he now explains.
2.Lev. 21:11.
3.N167, regarding the tumah of ohel (see footnote above). As listed in Mishneh Torah (and therefore listed in the Moreh Shiur for Sefer HaMitzvos), this mitzvah comes after the present mitzvah, not before it as in Sefer HaMitzvos itself.
4.The full verse reads, "He shall not come into [a tent containing] any dead body; He shall not become tameh [even] for his father or mother." If the second phrase (N168) was merely explaining the first (N167), it would be as if the verse said, "He shall not come into [a tent containing] any dead body in order that he not become tameh for his father or mother." If read in this way, the verse would constitute one mitzvah instead of two.
5.Parshas Emor, op. cit.
6.This is one of the 13 methods of Torah extrapolation. When two laws or ideas contain the same word or phrase, other aspects of the laws or ideas are sometimes applied to each other. In this case, the phrase, "He shall not become tameh," is said both by the kohen gadol (Lev. 21:11) and the regular kohen (ibid., 21:1) and the two are therefore compared.
7.N166. See footnote there.
8.A mitzvah which is derived by means of one of the 13 methods of Torah extrapolation is not counted among the 613 mitzvos.
-------------------------------------
• 1 Chapter: Nedarim Nedarim - Chapter 8 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
Audio: Listen | Download | Video Class
• Nedarim - Chapter 8
Halacha 1
When a person takes a vow or an oath and at the time of the vow or the oath specifies a stipulation for which he is making the vow, it is as if he made the vow or the oath dependent on that matter. If the stipulation for which he took the oath is not fulfilled, he is permitted [to act is if the oath had never been taken].1
Halacha 2
What is implied? If he took an oath or vow saying: "I will not marry this-and-this woman whose father is evil" or "I will not enter this house, because there is a harmful dog within it," if they died or the father repented, he may [do so]. This is comparable to someone who says "I will not marry so-and-so..." or "...not enter this house unless the harmful factor is removed."2 Similar laws apply in all analogous situations.
Halacha 3
[A different rationale applies] when one takes a vow or an oath: "I will not marry so-and-so who is ugly," and it is discovered that she is beautiful,3 "...who is dark-skinned," and it is discovered that she is light-skinned, "...who is short," and it is discovered that she is tall, or "I am taking a vow that my wife shall not benefit from me, because she took my wallet and beat my son," and it was discovered that she did not take it or beat him. He is permitted, because the vow was taken in error. It is included among the category of inadvertent vows that are permitted.4 This does not resemble an instance where the vow was made dependent on a stipulation and that stipulation was not kept.5 For the reason for which the vow was taken never applied. Instead, it was an error [of perception].
Halacha 4
Moreover,6 even if a person saw from a distance that people were partaking of his figs and he said [concerning] them: "They are like a sacrifice for you,"7 but when he came close to them and looked [at them], he saw that they were his father and his brothers, they are permitted [to partake of them]. Even though he did not explicitly state the reason why he took a vow [forbidding] them, it is as if he did. For it is obvious that he forbade his produce to them only because he thought they were people at large.8 Similar laws apply in all analogous situations.
Halacha 5
When a person took a vow or an oath and then a factor came up that was not in his mind at the time he took the oath or the vow, he is forbidden [in the matter] until he requests a sage to release his vow.
What is implied? A person forbade himself from benefiting from so-and-so or from entering this-and-this place and that person became the city scribe9 or a synagogue was made at that place.10 Even though he said "If I knew that this person would become the scribe or that in this place a synagogue would be made, I would not have taken the vow or the oath," he is forbidden to benefit [from the person] or enter the place until he has his vow released, as we explained.11 Similar laws apply in all analogous situations.
Halacha 6
Whenever a portion of a vow is nullified, the entire vow is nullified.12 This law also applies with regard to oaths.
What is implied? A person saw from a distance that people were partaking of his figs and he said [concerning] them: "They are like a sacrifice for you," but when he came close to them and looked [at them], he saw that they were his father and people at large. Since his father is permitted [to partake of them],13they are all permitted.14 Even if he said: "So-and-so and so-and-so are forbidden and my father is permitted, they are all permitted.15
If, however, when he reached them he said: "If I would have known that my father is with you, I would have said: 'You are all forbidden [to partake of my produce], except my father,' they are all forbidden except his father. For he revealed his intent was not to release a portion of his vow,16 but to make a vow as he did, but to make a stipulation concerning his father.17
Halacha 7
Similar [laws apply] when one says: "Wine is like a sacrifice18 for me, because wine is bad for digestion," but he was told: "Aged wine is good for digestion." If he said: "Had I known, I would not have taken the vow" or even: "Had I known, I would have said: 'Fresh wine is forbidden, but aged wine is permitted,' he is permitted [to drink] both fresh wine and aged wine.19 If, however, he said: "Had I known, I would have said: 'All wine is forbidden for me except aged wine,' he is permitted [to drink] only aged wine.20Similar laws apply in all analogous situations.
Halacha 8
Whenever a person takes a vow or an oath, we consider the motivating factor for the oath or the vow and extrapolate from it what the person's intent was. We follow his intent, not the literal meaning of his words.21
What is implied? He was carrying a load of wool or of linen and was perspiring, causing a foul odor. If he took an oath or a vow that he would never have wool or linen upon him again, he is permitted to wear woolen or linen clothes and cover himself with them. He is only forbidden to carry them on his back like a burden.
If he was wearing woolen clothing and became aggravated because of these garments and took an oath or a vow that he would never have wool upon him again, he is forbidden to wear [woolen clothes], but is permitted to carry wool and to cover himself with woolen spreads. For he intended only [to forbid] woolen clothes. Similar laws apply in all analogous situations.
Halacha 9
[Similar laws apply if] people were asking him to marry his relative,22 but he refused and they pressured him, so he took a vow or an oath that she could not benefit from him forever. Alternatively, a person divorced his wife and took an oath that she would never benefit from him. These women are permitted to derive [ordinary] benefit from him. His intent was that only [to prevent himself from] marrying them.
Halacha 10
Similarly, if a person called to his friend, [inviting him] to eat at his [home] and he took an oath or a vow not to enter his home or even drink cold water of his, he is permitted to enter his home and drink his water. His intent was only that he would not eat and drink with him at that feast.23 Similar laws apply in all analogous situations.
Halacha 11
When a person takes a vow or an oath, telling a colleague: "I will never enter your house" or "...buy your field," and [that colleague] dies or sells [the property] to someone else, [the person who took the vow] is permitted to enter the house or purchase the field from the heir or from the purchaser.24 His intent [when establishing the prohibition] was only for the time they belonged to [the original owner].25
If, by contrast, he said: "I will never enter this house" or "I will never purchase this field," even if [the original owner] dies or sells [the property] to someone else, [the person who took the vow] is forbidden.26
Halacha 12
[The following laws apply when a person] asks a colleague: "Lend me your cow," he answers him: "She is not free," and [the first person] takes an oath or a vow,27 saying: "I will never plow my field with it." If he is accustomed to plowing his field himself, he is forbidden to plow [his field with that cow], but any other person is permitted to plow [his field] with it.28 If he is not accustomed to plowing his field himself, both he and everyone else is forbidden to plow [his field] with it.29Similar laws apply in all analogous situations.
Halacha 13
When a person takes an oath or a vow that he will marry a woman, purchase a house,30 depart with a caravan, or set out to sea, we do not obligate him to marry, make the purchase, or set out immediately. Instead, he may wait until he finds something appropriate for himself.
An incident occurred concerning a woman who took a vow that she would marry anyone who asked her to marry him. Men who were not appropriate for her jumped at the opportunity. Our Sages ruled that her intent was [to marry] anyone from among those appropriate for her who asked her. Similar laws apply in all analogous situations.
Halacha 14
When a person administers a vow to a colleague or takes an oath telling him to come and take a kor of wheat or two barrels of wine for his son, [the colleague] can release the vow without asking a sage to do so. [He need only] say: "Your intent was only to honor me.31 It is a greater token of respect for me not to take [the gift].32 I already received the honor that you desired to give me through your vow."
Similarly, if one took an oath or a vow: "You may not derive any benefit from me until you give my son a kor of wheat and two barrels of wine, he can release the vow without asking a sage to do so. [He need only] say: "It is as if I received them and they reached my hand." Similar laws apply in all analogous situations.
| FOOTNOTES | |
| 1. |
He need not seek the release of the oath (Radbaz). This law applies with regard to vows as well.
|
| 2. |
Even though the father dies or repents after the vow was taken, with his death or repentance, the vow is nullified, because the conditions under which it was taken no longer apply.
|
| 3. |
If, however, she was ugly at the time the vow was taken, but was made beautiful, the vow takes effect [Shulchan Aruch (Yoreh De'ah 232:6)].
|
| 4. |
See Chapter 4, Halachah 1, which states that such vows are not binding.
|
| 5. |
As described in the first two halachot.
|
| 6. |
I.e., the previous halachah describes an instance where one explicitly stated the condition under which he took the vow. This halachah, by contrast, describes a situation where the condition is not stated, but is self-apparent.
|
| 7. |
Which would cause them to be forbidden to eat the figs.
|
| 8. |
And thus the vow was taken in error.
|
| 9. |
And everyone in the city needs the scribe to compose legal documents for him. Hence, he no longer desires to be forbidden to benefit from him.
|
| 10. |
And everyone desires to be able to enter the local synagogue.
|
| 11. |
Hilchot Sh'vuot 6:5, 12. As stated there, the vow was not made initially in error, for at the outset, he did not desire that the person become the scribe. Hence, the oath takes effect.
The Ra'avad suggests that the statement from Halachah 3: "This does not resemble an instance where the vow was made dependent on a stipulation and that stipulation was not kept" should be included here, for this is a different category of vows than those mentioned in the previous halachot.
|
| 12. |
The Jerusalem Talmud, Nedarim 1:1 derives this from the exegesis of Numbers 30:3: "He shall do all that he utters from his mouth." Implied is that everything that he utters must be fulfilled or the vow does not take effect. Rabbenu Nissim gives a logical explanation for this concept. At the outset, his intent was that the vow would be kept in its entirety. If a factor arose that prevented that from taking place, it is as if the vow was taken in error.
|
| 13. |
As explained in Halachah 4.
|
| 14. |
Because the prohibition against them was mentioned in the same vow.
|
| 15. |
Because the vow was taken against all of the persons together. Hence, it cannot be nullified only in part.
|
| 16. |
For even when qualifying his statement, he still says that all of the individuals are forbidden, indicating that he did not desire to retract his original statement (Kessef Mishneh). In his Shulchan Aruch (Yoreh De'ah 232:8), Rav Yosef Caro appears to follow a slightly different rationale.
|
| 17. |
I.e., that the prohibition would not include his father.
|
| 18. |
I.e., forbidden.
|
| 19. |
The portion of the vow involving aged wine is nullified, because it was taken in error. And accordingly, the portion involving fresh wine is also nullified, based on the principle stated in the previous halachah.
|
| 20. |
For he did not seek to nullify his former vow, merely to qualify it, as stated in the conclusion of the previous halachah.
|
| 21. |
The Rama (Yoreh De'ah 218:1) emphasizes that this applies when a person takes a vow on his own initiative. If, however, he takes a vow in response to wording chosen by a colleague, we follow the meaning of that wording.
|
| 22. |
For it is desirable that a person marry his relatives (see Yevamot 62b).
|
| 23. |
The Radbaz states that he is even permitted to enter his home at the time of the feast.
|
| 24. |
For it is no longer the colleague's house or field (Siftei Cohen 216:10).
|
| 25. |
As emphasized by the fact that he said: "Your house" and "Your field."
|
| 26. |
For in this instance, the vow was not associated with the owner of the property, but with the property itself. Compare to Chapter 5, Halachot 4-5.
|
| 27. |
As an expression of resentment for the owner's refusal (Kessef Mishneh).
|
| 28. |
Since he is accustomed to plowing his field himself, we assume that his vow applied only to his own actions.
|
| 29. |
Since he is not accustomed to plowing his field himself, we interpret his vow as meaning that he would never have another person plow the field with it.
|
| 30. |
Although the standard published text of Bava Kama 80a mentions purchasing a house or marrying a woman in Eretz Yisrael, the commentaries [nor the Shulchan Aruch (Yoreh De'ah 219:1)] see no reason why the Holy Land is different from other places in this regard.
|
| 31. |
By giving me a present in public.
The Shulchan Aruch (Yoreh De'ah 332:20) states that the person who administered the vow need not explicitly agree to this interpretation. Even if he remains silent, we accept it. The Siftei Cohen332:46 states that if the person specifically says that he administered the vow so that he would receive honor by having the other person receive a gift from him, his word is accepted and a sage must be approached to have the vow released.
|
| 32. |
For people seeing that I demur will respect me more.
|
--------------------
• 3 Chapters: Avel Avel - Chapter 3, Avel Avel - Chapter 4, Avel Avel - Chapter 5 • English Text | Hebrew Text | Audio: Listen | Download• Avel - Chapter 3
• 3 Chapters: Avel Avel - Chapter 3, Avel Avel - Chapter 4, Avel Avel - Chapter 5 • English Text | Hebrew Text |
Audio: Listen | Download• Avel - Chapter 3
Halacha 1
With the exception of the six relatives mentioned in the Torah and his wife, whenever a priest becomes impure because of contact with a corpse, if there are witnesses and a warning is administered, he is punished by lashes, asLeviticus 21:1 states: "No one shall contract ritual impurity for the sake of a deceased person among his people."
This applies whether one touches the corpse, stands over it, or carries it. And it applies to a corpse and to all other forms of ritual impurity stemming from a corpse, as implied by "No one shall contract ritual impurity for the sake of a deceased person among his people." In Hilchot Tumat Meit, we already described all the factors associated with a corpse that convey ritual impurity according to Scriptural Law and according to Rabbinic Law.
Halacha 2
Similarly, a priest receives lashes if he touches a grave. He may, however, touch clothes that touched a corpse, even though by doing so, he contracts ritual impurity that continues for seven days.
Halacha 3
Similarly, if a priest enters a covered structure into which ritual impurity enters, he is lashed. This applies even though the source of impurity itself is in another building. We have already explained all the types of "tents" into which ritual impurity can enter and depart, the laws involving foliage and projections, the entities which bring ritual impurity and those which interpose between ritual impurity, which involve Scriptural Law and which involve Rabbinic Law. All of this is discussed in Hilchot Tumat Meit.
There we explained that non-Jews do not convey ritual impurity through overhangs. Therefore their graves are pure and a priest may enter their cemetery and walk on their graves. He is forbidden only to touch impurity or carry it, as we explained there.
Halacha 4
The following laws apply when a priest enters a building where a corpse is located or a cemetery inadvertently and he is given a warning after he discovers the fact. If he jumps and leaves, he is not liable. If, however, he remains there for the time it takes to prostrate oneself which we explained with regard to impurity in the Temple, he is lashed.
If he entered and departed, entered and departed, if he was given a warning for each time, he is given lashes for every entrance. Similarly, if he touches a corpse, is giving a warning, and then disengages himself, and afterwards, touches it and is given a warning - even if this sequence is repeated one hundred times, he is given lashes for each touch.
If he was touching a corpse and did not disengage himself or was standing in the cemetery and touched other corpses, although he is given a warning several times, he receives lashes only once. For as long as he does not cease, he is continuing to desecrate his priestly state.
Halacha 5
The following rules apply when one causes a priest to contract ritual impurity. If they both acted intentionally, the priest receives lashes and the person who caused him to contract impurity violates the prohibition against placing a stumbling block in front of the blind. If the priest was not aware of the transgression and the person who caused him to contract impurity acted intentionally, that person receives lashes.
Halacha 6
A High Priest may not become impure for the sake of his relatives, as Leviticus 21:11 states: "He shall not become impure for his father's or mother's sake." Similarly, he does not enter a shelter where there is a corpse, even the corpse of one of his relatives, as ibid.:30 states: "He shall not enter a place where there is any corpse." Thus we learn that he is liable both for not entering and for not becoming impure.
What is implied? If the High Priest touches or carries a corpse, he receives lashes for one transgression. If he enters a shelter and remains there until a person dies or he enters a chest, bureau, or drawer, and a colleague comes and opens the top of this container and thus his contact with impurity and his entrance into the shelter come at the same time, he receives two sets of lashes, for the prohibition against entering and for the prohibition against becoming impure.
Halacha 7
If the High Priest became impure beforehand, and then entered a shelter where a corpse was located, if he is warned, he should receive lashes even for this entry.
Halacha 8
When a priest - even a High Priest - encounters an unattended corpse on the road, he is obligated to become impure for its sake and bury it. What is meant by an unattended corpse? A Jewish corpse cast away on the road without anyone to bury it. This is a halachah conveyed by the received tradition.
When does the above apply? When the priest is alone and there is no one else with him; even when he calls out on the road, no one answers him. If, however, when he calls others answer, this is not considered an unattended corpse. Instead, he should call to the others and they should come and tend to the corpse.
Halacha 9
If a priest and a nazirite are proceeding on a road and they encounter an unattended corpse, the nazirite should tend to it. The rationale is that his holiness is not of an eternal nature. The priest - even an ordinary priest - should not become impure.
If a High Priest was going together with an ordinary priest, the ordinary priest should become impure. The general principle is: Whoever is on a higher level of holiness should become impure last. When a s'gan and the priest anointed to lead the army at war encounter an unattended corpse, the priest anointed to lead the army at war should become impure, not the s'gan.
Halacha 10
When a nasi dies, everyone - even priests - should become impure for his sake. Our Sages had him considered as an unattended corpse, because everyone is obligated in his honor. Similarly, all must observe the rites of aninut for his sake.
Halacha 11
The daughters of Aaron were not warned to avoid the ritual impurity imparted by a corpse. This derived from Leviticus 21:1: "Say to the priests, the sons of Aaron...." Implied is "the sons of Aaron," and not "the daughters of Aaron."
Similarly, challalim are permitted to become impure. This is also derived from the words, "the priests, the sons of Aaron," i.e., to be included in the prohibition, their priesthood must be intact.
Halacha 12
When a priest is a minor, the adults are warned that they should not have him contact ritual impurity. If he comes to contract impurity on his own initiative, the court is not obligated to separate him from the source of impurity. His father, however, must educate him in the holiness of the priesthood.
Halacha 13
The four cubits circumscribed around a corpse are deemed impure. Any priest that enters into these four cubits is given stripes for rebellious conduct.
Similarly, if priests enter a beit hapras, go to the diaspora, become impure through contact with a mixture of blood, a gravestone, or the stones which support the gravestone, and the like, they are given stripes for rebellious conduct, because these entities are sources for ritual impurity by Rabbinic decree, as we explained in Hilchot Tumat Meit. If, however, a priest enters a cemetery, he receives lashes according to Scriptural Law.
Halacha 14
It is permissible for a priest to become impure through walking through a beit hapras or the diaspora for the sake of a mitzvah, when there is no way other than that, e.g., he went to marry or to study Torah. Even though there is someone who could teach him in Eretz Yisrael, he is permitted to leave, because a person does not merit to learn from every colleague.
Similarly, a person may incur ritual impurity that is Rabbinic in origin to show respect to other people. What is implied? If a mourner walked through a beit hapras, everyone follows after him to comfort him. Similarly, we may walk over the coffins of the dead to greet Jewish kings. This is allowed even to greet gentile kings, so that a distinction will be able to be made between them and Jewish kings when their glory will return to its place. Similarly, leniency is granted in all analogous situations. Also, a priest may incur ritual impurity of Rabbinic origin to enter in judgment and disputation with gentiles concerning property, for he is saving it from their hands. Similar laws apply in all analogous situations.
Avel - Chapter 4
Halacha 1
These are the customs observed by the Jewish people with regard to corpses and burial. We close the eyes of the deceased. If one's mouth hangs open, we tie the jaw close. After washing the corpse, we stuff close the orifices, anoint it with different fragrances, cut its hair, and dress it in shrouds of white linen which are not expensive. Our Sages followed the custom of using a cloak worth a zuz, so as not to embarrass a person who lacks resources. We cover the faces of the deceased so as not to embarrass the poor whose faces turned black because of hunger.
Halacha 2
It is forbidden to bury the dead, even a nasi among the Jewish people, in silk shrouds or clothes embroidered with gold, for this is an expression of haughtiness, the destruction of useful property, and the emulation of gentile practices.
We carry the dead on our shoulders to the cemetery.
Halacha 3
The pallbearers are forbidden to wear sandals, lest the strap of one of them snap and he hold back the performance of the mitzvah.
Halacha 4
We dig burial caves in the earth and make hollows at the side of the caves. There we bury the corpse with its face upward; we then place the earth and the stones back in place above it. They may bury it in a wooden coffin.
Those who accompany the corpse tell him: "Go in peace," as Genesis 15:15states: "You will go to your ancestors in peace."
Markings are made on the graves. A tombstone is placed on the grave. For the righteous, by contrast, a tombstone is not placed, because their words will cause them to be remembered; a person will not need to visit in the cemeteries.
Halacha 5
A person in his deathroes is considered as a living person with regard to all matters. We do not tie his cheek, stuff his orifices, nor to we place a metal utensil or a utensil that cools on his navel so that his body will not bloat. We do not anoint it or wash it or place it on sand or on salt until the person dies.
One who touches him is considered as shedding blood. To what can the matter be compared? To a candle that is flickering, were a person to touch it, it will be extinguished. Similarly, anyone who closes a dying person's eyes as his soul expires is considered as shedding blood. Instead, they should wait some lest he have fainted. Similarly, we do not rend our clothes because of him, uncover our shoulders, recite eulogies, or bring a coffin or shrouds into the house until the person dies.
Halacha 6
When a person's dead is lying before him, he should eat in another house. If he does not have another house, he should construct a partition and eat. If he does not have the materials to make a partition, he should turn away his face and eat. Under no circumstances should he recline and eat or eat meat or drink wine.
He does not recite the blessing before eating, nor the grace after meals. Others do not recite the blessings for him, nor is he included in a quorum of three for the recitation of grace. He is free from the obligation to recite the Shema, pray, put on tefillin, or observe any of the mitzvot stated in the Torah.
On the Sabbath, he should recline, eat meat, and drink wine, recite the blessing before eating, and recite grace. Others may recite blessings for him. He is included in a quorum for grace and is obligated in all the mitzvot of the Torah with the exception of sexual relations.
Once the dead is buried, he is permitted to eat meat and drink a small amount of wine to help digest the food that he has eaten, but not in an unrestrained manner.
Halacha 7
We do not delay the burial of the dead. Instead, we hurry to bury him immediately. Hastening the burial is praiseworthy. For one's father and mother, by contrast, it is demeaning.
Halacha 8
On Friday or the day before a festival, or when rain was drenching the coffin, it is permitted to hurry even the funeral of one's parents. For the person hurried the funeral only as an expression of honor for his father and mother.
Whoever delays the burial of his dead overnight violates a negative commandment, unless he delays the burial for the honor of the dead and to complete providing for his needs.
Halacha 9
On the first day alone, it is forbidden for a mourner to put on tefillin or to eat food of his own. He must sit on a overturned bed. During the remainder of the days of mourning, he may eat his own food, sit on a mat or on the ground, and put on tefillin.
What is the source which teaches that a mourner may not put on tefillin on the first day? Instructions were given Ezekiel (Ezekiel 24:17): "Your glory should be bound upon you." Implied is other people are forbidden. He was instructed: "Do not eat the bread of men." Implied is that other people should eat from others on the first day and are forbidden to eat their own food.
Avel - Chapter 5
Halacha 1
These are the matters forbidden to a mourner on the first day according to Scriptural Law and on the remaining seven days according to Rabbinic Law. He is forbidden to cut his hair, launder his clothes, wash, anoint himself, engage in sexual relations, wear shoes, perform work, study the Torah, stand his bed upright, leave his head uncovered, and greet others, eleven matters in total.
Halacha 2
Which source teaches that a mourner is forbidden to have his hair cut?Leviticus 10:6 warns the sons of Aaron: "Do not let the hair of your heads grow untended." Implied is that every mourner is forbidden to cut his hair. Instead, he lets his hair grow untended. Just as he is forbidden to cut off his hair; so, too, he is forbidden to trim his beard and any other hair on his body. This applies to cutting hair and having one's own hair cut. If he was in the midst of a haircut and he heard that his father died, he may complete the haircut. This applies to cutting hair and having one's own hair cut.
Similarly, it is forbidden to cut off one's mustache or to cut one's nails with a utensil. One may, however, bite off one's nails or trim them with one's other nails.
Halacha 3
Which source teaches that a mourner is forbidden to launder his clothes and to wash and anoint his body: II Samuel 14:2 states: "Please conduct yourself as a mourner; please wear mourner's clothes and do not anoint yourself with oil." Washing is including in anointing oneself, for it is a preliminary step before anointing oneself as Ruth 3:3 states: "Wash and anoint yourself."
Just as a mourner is forbidden to launder clothes; so, too, he is forbidden to wear new and freshly pressed white clothes.
Halacha 4
As it is forbidden to anoint one's entire body; so, too, it is forbidden to anoint a portion of one's body. To remove filth, however, it is permitted. Similarly, it is forbidden to wash a portion of one's body in hot water. One may, however, wash one's face, one's hands, and one's feet - but not one's entire body - in cold water.
Halacha 5
Which source teaches that a mourner is forbidden to engage in sexual relations. II Samuel 12:24 states: "And David comforted his wife, Batsheva, and he came to her and lay with her." This indicates that this was forbidden beforehand.
Similarly, a mourner should not marry a woman, nor should a woman marry while mourning even though they do not engage in relations. It is permitted for a mourner to remain in solitude with his wife even though he is forbidden to engage in sexual relations.
Halacha 6
Which source teaches that a mourner is forbidden to wear shoes? Ezekiel was instructed Ezekiel 24:17: "And place your shoes on your feet." Implied is that all others are forbidden. If a person is traveling on a journey, he may wear shoes and proceed on his way. When he enters a city, he should remove his shoes.
Halacha 7
An allusion to the prohibition against a mourner performing labor can be derived from Amos 8:10: "I shall transform your festivals into mourning." Just as it is forbidden to perform work on a festival; so, too, a mourner is forbidden to perform work. And just as a mourner is forbidden to perform work; so, too, is he forbidden to engage in commercial transactions and to travel from city to city on a business trip.
Halacha 8
For the first three days, all mourners, even a poor person who derives his livelihood from charity, are forbidden to perform work. After that period, if the mourner is indigent, he may perform this work privately in his home. A woman may spin fabric on a spindle in her home.
Halacha 9
When two brothers or two partners operate one store together and one of them is forced to mourn, the store should be closed for all seven days of mourning.
Halacha 10
Even activities which are permitted to be performed during chol hamo'ed may not be performed by a mourner during the days of mourning. Others may, however, perform these tasks on his behalf.
What is implied? If it is necessary to turn over a person's olives, put pitch on his barrels, or bring his flax up from the vat where it is soaking or his wool from the kettle where it is being dyed, he may hire someone else to perform this task on his behalf so that he will not suffer a loss. And he may have his field irrigated in the irrigation season.
Halacha 11
His sharecroppers or those who hire his fields may perform work in their ordinary way. But donkey-drivers and camel-drivers who rent his animals and sailors who rent his ships should not perform work. If the animals or ships were hired out or rented out previously for a specific time, the renters may perform work.
Halacha 12
A worker hired by the day - even if he is located in another city - should not perform work on behalf of the mourner.
Halacha 13
When a mourner was charged with doing tasks on behalf of others, whether as a contractor or not as a contractor, he should not do it. If his tasks were entrusted to others, they should not work on it in his home, but may work on it elsewhere.
Halacha 14
If a mourner has litigation with a colleague, he should not prosecute the matter throughout the seven days of mourning. If it concerned a matter that could lead to a loss, he should appoint an agent. The Geonim ruled in this manner.
Halacha 15
Which source teaches that a mourner is forbidden to speak words of Torah? Ezekiel was instructed Ezekiel 24:17: "Be silent from groaning."
Halacha 16
He is forbidden to read from the Torah, the Prophets, and the Holy Scriptures and to study the Mishnah, the Midrash, and the Halachot. If many require his instruction, he is permitted, provided he does not appoint a spokesman. Instead, he should whisper to the person sitting next to him. That person should relate the teachings to the spokesman and the spokesman should communicate them to the people at large.
Halacha 17
Which source teaches that a mourner should not sit on a bed? II Samuel 13:31states: "And the king arose, rent his garments, and lay on the ground."
Halacha 18
A mourner is obligated to overturn his bed for all seven days of mourning. This applies not only to his own bed. Instead, he must overturn all the beds he has in his house. Moreover, even if he has ten beds in ten homes in ten cities, he is obligated to overturn all of them. Even if there are five brothers and one of them dies, all the remainder must overturn their beds.
When a bed is set aside to be used for money or for utensils, it need not be overturned. Similarly, a dargesh need not be overturned. Instead, the straps should be released and the bed allowed to fall.
When bed posts emerge from a bed and so it is impossible to turn it over, he should turn it on its side while upright; this is sufficient.
If a person turned all his own beds over, but slept on beds belonging to others, on a chair, on a chest, or on the ground, he does not fulfill his obligation. Instead, he must sleep on the overturned bed.
Halacha 19
Which source teaches that a mourner is forbidden to uncover his head? Ezekiel was instructed Ezekiel 24:17: "Do not veil your face until the lips." Implied is that others are obligated to cover their heads. He should use the sash with which he covers his head and wind a portion of it over his mouth slightly. In this vein, Onkelos renders Leviticus 13:45: "He should veil his face until his lips," as "He should cover himself like a mourner."
Halacha 20
Which source teaches that a mourner is forbidden to exchange greetings with colleagues? Ezekiel was instructed: "Be silent from groaning."
For the entire first three days, if someone greets him, he does not respond with greetings. Instead, he notifies him that he is a mourner. From the third day until the seventh, when a person greets him, he should respond with greetings. From the seventh until the thirtieth day, he may greet others, but others should not greet him until after thirty days have passed. And when he is in mourning for his father or mother, he should not be greeted until after twelve months.
If he is forbidden to greet a colleague during the mourning period, one can certainly infer that he is forbidden to engage in lengthy talk and frivolity, as implied by the instruction: "Be silent." He should not hold an infant in his arms so that he will not lead him to laughter. And he should not enter a place of celebration, e.g., a feasting hall or the like.
---------------------
Hayom Yom:
• English Text | Video Class• Wednesday, Cheshvan 29, 5776 · 11 November 2015
"Today's Day"
Shabbat Cheshvan 29 5704
Bless Rosh Chodesh Kislev. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Tol'dot, Shevi'i with Rashi.
Tehillim: 140-150.
Tanya: To return to (p. 599) ...children to Atzilut. (p. 601).
We cannot adequately describe the great merit of those who participate in the sacred avoda of saying Tehillim with a minyan, and the great pleasure this avoda causes On High, as discussed in sacred texts and in very tiny part in Kuntres Takanat Amirat Tehillim B'rabim (Koveitz Michtavim 1).1
How fortunate are you Israel, and for this may you all be blessed with proper health and with super-abundant livelihood - you, your wives, your sons and your daughters (G-d grant them eternal life.)2 In your merit may all the congregation of Israel in your communities be helped (among all our Jewish brethren) in all they need, materially and spiritually.
FOOTNOTES
1. This has appeared in English as "Saying Tehillim," Kehot, N.Y.
2. C.f. Yeshayahu 38:16; see Tamuz 13.
Hayom Yom:
• English Text | Video Class• Wednesday, Cheshvan 29, 5776 · 11 November 2015
"Today's Day"
Shabbat Cheshvan 29 5704
Bless Rosh Chodesh Kislev. Say the entire Tehillim in the early morning. Day of farbrengen.
Torah lessons: Chumash: Tol'dot, Shevi'i with Rashi.
Tehillim: 140-150.
Tanya: To return to (p. 599) ...children to Atzilut. (p. 601).
We cannot adequately describe the great merit of those who participate in the sacred avoda of saying Tehillim with a minyan, and the great pleasure this avoda causes On High, as discussed in sacred texts and in very tiny part in Kuntres Takanat Amirat Tehillim B'rabim (Koveitz Michtavim 1).1
How fortunate are you Israel, and for this may you all be blessed with proper health and with super-abundant livelihood - you, your wives, your sons and your daughters (G-d grant them eternal life.)2 In your merit may all the congregation of Israel in your communities be helped (among all our Jewish brethren) in all they need, materially and spiritually.
FOOTNOTES
1. This has appeared in English as "Saying Tehillim," Kehot, N.Y.
2. C.f. Yeshayahu 38:16; see Tamuz 13.
---------------------• Daily Thought:
Stand Tall
Worry is humiliating. Trust is dignity.
To worry is to worship the world, to fall on your knees in dread and grovel before it.
To trust is to lift up your eyes and stand as tall as the heavens. To live with nothing else but the bond between G‑d above and you below.
____________________________
No comments:
Post a Comment