Torah Reading: Fast (Exodus 32:
11 Moshe pleaded with Adonai his God. He said, “Adonai, why must your anger blaze against your own people, whom you brought out of the land of Egypt with great power and a strong hand? 12 Why let the Egyptians say, ‘It was with evil intentions that he led them out, to slaughter them in the hills and wipe them off the face of the earth’? Turn from your fierce anger! Relent! Don’t bring such disaster on your people! 13 Remember Avraham, Yitz’chak and Isra’el, your servants, to whom you swore by your very self. You promised them, ‘I will make your descendants as many as the stars in the sky; and I will give all this land I have spoken about to your descendants; and they will possess it forever.’” 14 Adonai then changed his mind about the disaster he had planned for his people.
34:1 (v) Adonai said to Moshe, “Cut yourself two tablets of stone like the first ones; and I will inscribe on the tablets the words that were on the first tablets, which you broke. 2 Be ready by morning; in the morning you are to ascend Mount Sinai and present yourself to me on the top of the mountain. 3 No one is to come up with you, and no one is to be seen anywhere on the mountain; don’t even let the flocks or herds feed in front of this mountain.” 4 Moshe cut two stone tablets like the first. Then he got up early in the morning and, with the two stone tablets in his hands, ascended Mount Sinai, as Adonai had ordered him to do.
5 Adonai descended in the cloud, stood with him there and pronounced the name of Adonai. 6 Adonai passed before him and proclaimed: “YUD-HEH-VAV-HEH!!! Yud-Heh-Vav-Heh [Adonai] is God, merciful and compassionate, slow to anger, rich in grace and truth; 7 showing grace to the thousandth generation, forgiving offenses, crimes and sins; yet not exonerating the guilty, but causing the negative effects of the parents’ offenses to be experienced by their children and grandchildren, and even by the third and fourth generations.” 8 At once Moshe bowed his head to the ground, prostrated himself 9 and said, “If I have now found favor in your view, Adonai, then please let Adonai go with us, even though they are a stiffnecked people; and pardon our offenses and our sin; and take us as your possession.”
(vi) 10 He said, “Here, I am making a covenant; in front of all your people I will do wonders such as have not been created anywhere on earth or in any nation. All the people around you will see the work of Adonai. What I am going to do through you will be awesome!
)
Haftarah: Fast Day - Minchah (Isaiah 55:
Today's Laws & Customs:
6 Seek Adonai while he is available,
call on him while he is still nearby.
7 Let the wicked person abandon his way
and the evil person his thoughts;
let him return to Adonai,
and he will have mercy on him;
let him return to our God,
for he will freely forgive.
8 “For my thoughts are not your thoughts,
and your ways are not my ways,” says Adonai.
9 “As high as the sky is above the earth
are my ways higher than your ways,
and my thoughts than your thoughts.
10 For just as rain and snow fall from the sky
and do not return there, but water the earth,
causing it to bud and produce,
giving seed to the sower and bread to the eater;
11 so is my word that goes out from my mouth —
it will not return to me unfulfilled;
but it will accomplish what I intend,
and cause to succeed what I sent it to do.”
12 Yes, you will go out with joy,
you will be led forth in peace.
As you come, the mountains and hills
will burst out into song,
and all the trees in the countryside
will clap their hands.
13 Cypresses will grow in place of thorns,
myrtles will grow instead of briars.
This will bring fame to Adonai
as an eternal, imperishable sign.
56:1 Here is what Adonai says:
“Observe justice, do what is right,
for my salvation is close to coming,
my righteousness to being revealed.”
2 Happy is the person who does this,
anyone who grasps it firmly,
who keeps Shabbat and does not profane it,
and keeps himself from doing any evil.
3 A foreigner joining Adonai should not say,
“Adonai will separate me from his people”;
likewise the eunuch should not say,
“I am only a dried-up tree.”
4 For here is what Adonai says:
“As for the eunuchs who keep my Shabbats,
who choose what pleases me
and hold fast to my covenant:
5 in my house, within my walls,
I will give them power and a name
greater than sons and daughters;
I will give him an everlasting name
that will not be cut off.
6 “And the foreigners who join themselves to Adonai
to serve him, to love the name of Adonai,
and to be his workers,
all who keep Shabbat and do not profane it,
and hold fast to my covenant,
7 I will bring them to my holy mountain
and make them joyful in my house of prayer;
their burnt offerings and sacrifices
will be accepted on my altar;
for my house will be called
a house of prayer for all peoples.”
8 Adonai Elohim says,
he who gathers Isra’el’s exiles:
“There are yet others I will gather,
besides those gathered already.”
)• Fast Day
Tevet 10 is observed as a day of fasting, mourning and repentance, in remembrance of the siege of Jerusalem (see "Today in Jewish History"). We refrain from food and drink from daybreak to nightfall, and add the Selichot and other special supplements to our prayers. (More recently, Tevet 10 was chosen to also serve as a "general kaddish day" for the victims of the Holocaust, many of whose day of martyrdom is unknown.)
Link: More on Tevet 10
Today in Jewish History:
• Siege of Jerusalem (425 BCE)
On the 10th of Tevet of the year 3336 from Creation (425 BCE), the armies of the Babylonian emperor Nebuchadnezzar laid siege to Jerusalem. Thirty months later -- on Tammuz 17, 3338 -- the city walls were breached, and on Av 9th of that year, the Holy Temple was destroyed. The Jewish people were exiled to Babylonia for 70 years.
Daily Quote:
In the sixth century of the sixth millennium, the gates of supernal wisdom will be opened, as will the springs of earthly wisdom, preparing the world to be elevated in the seventh millennium[Zohar]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayechi, 3rd Portion Genesis 48:17-48:22 with Rashi
• English / Hebrew Linear Translation | Video Class• Genesis Chapter 48
17And Joseph saw that his father was placing his right hand on Ephraim's head, and it displeased him. So he held up his father's hand to remove it from upon Ephraim's head [to place it] on Manasseh's head. יזוַיַּ֣רְא יוֹסֵ֗ף כִּֽי־יָשִׁ֨ית אָבִ֧יו יַד־יְמִינ֛וֹ עַל־רֹ֥אשׁ אֶפְרַ֖יִם וַיֵּ֣רַע בְּעֵינָ֑יו וַיִּתְמֹ֣ךְ יַד־אָבִ֗יו לְהָסִ֥יר אֹתָ֛הּ מֵעַ֥ל רֹֽאשׁ־אֶפְרַ֖יִם עַל־רֹ֥אשׁ מְנַשֶּֽׁה:
So he held up his father’s hand: He lifted it off his son’s head and held it up with his [own] hand. ויתמך יד אביו: הרימה מעל ראש בנו ותמכה בידו:
18And Joseph said to his father, "Not so, Father, for this one is the firstborn; put your right hand on his head." יחוַיֹּ֧אמֶר יוֹסֵ֛ף אֶל־אָבִ֖יו לֹא־כֵ֣ן אָבִ֑י כִּי־זֶ֣ה הַבְּכֹ֔ר שִׂ֥ים יְמִֽינְךָ֖ עַל־רֹאשֽׁוֹ:
19But his father refused, and he said, "I know, my son, I know; he too will become a people, and he too will be great. But his younger brother will be greater than he, and his children['s fame] will fill the nations." יטוַיְמָאֵ֣ן אָבִ֗יו וַיֹּ֨אמֶר֙ יָדַ֤עְתִּי בְנִי֙ יָדַ֔עְתִּי גַּם־ה֥וּא יִֽהְיֶה־לְעָ֖ם וְגַם־ה֣וּא יִגְדָּ֑ל וְאוּלָ֗ם אָחִ֤יו הַקָּטֹן֙ יִגְדַּ֣ל מִמֶּ֔נּוּ וְזַרְע֖וֹ יִֽהְיֶ֥ה מְלֹֽא־הַגּוֹיִֽם:
I know, my son, I know: that he is the firstborn. ידעתי בני ידעתי: שהוא הבכור:
he too will become a people, etc.: for Gideon is destined to be descended from him. [Gideon] through whom the Holy One, blessed be He, will perform a miracle. — [from Midrash Tanchuma Vayechi 6] גם הוא יהיה לעם וגם הוא יגדל: שעתיד גדעון לצאת ממנו שהקב"ה עושה נס על ידו:
But his younger brother will be greater than he: for Joshua is destined to be descended from him, [and Joshua is] the one who will distribute the inheritances of the land and teach Torah to Israel. — [from Midrash Tanchuma Vayechi 7] ואולם אחיו הקטן יגדל ממנו: שעתיד יהושע לצאת ממנו שינחיל את הארץ וילמד תורה לישראל:
and his children[’s fame] will fill the nations: The whole world will be filled when his fame and his name are spread when he stops the sun in Gibeon and the moon in the Valley of Ajalon. — [from Abodah Zarah 25a] וזרעו יהיה מלא הגוים: כל העולם יתמלא בצאת שמעו כשיעמיד חמה בגבעון וירח בעמק אילון:
20So he blessed them on that day, saying, "With you, Israel will bless, saying, 'May God make you like Ephraim and like Manasseh,' " and he placed Ephraim before Manasseh. כוַיְבָ֨רֲכֵ֜ם בַּיּ֣וֹם הַהוּא֘ לֵאמוֹר֒ בְּךָ֗ יְבָרֵ֤ךְ יִשְׂרָאֵל֙ לֵאמֹ֔ר יְשִֽׂמְךָ֣ אֱלֹהִ֔ים כְּאֶפְרַ֖יִם וְכִמְנַשֶּׁ֑ה וַיָּ֥שֶׂם אֶת־אֶפְרַ֖יִם לִפְנֵ֥י מְנַשֶּֽׁה:
With you, Israel will bless: Whoever wishes to bless his sons, will bless them with their blessing (with a blessing related to them), and a man will say to his son, “May God make you like Ephraim and like Manasseh.” - [from Sifrei Nasso 18] בך יברך ישראל: הבא לברך את בניו, יברכם בברכתם ויאמר איש לבנו ישימך א-להים כאפרים וכמנשה:
and he placed Ephraim: Before Manasseh in his blessing, to give him precedence in the groupings [of the tribes in the desert] and [also] at the dedication of [the Tabernacle by] the [tribal] princes. — [from Gen. Rabbah 97:5] וישם את אפרים: בברכתו לפני מנשה, להקדימו בדגלים ובחנוכת הנשיאים:
21And Israel said to Joseph, "Behold, I am going to die, and God will be with you, and He will return you to the land of your forefathers. כאוַיֹּ֤אמֶר יִשְׂרָאֵל֙ אֶל־יוֹסֵ֔ף הִנֵּ֥ה אָֽנֹכִ֖י מֵ֑ת וְהָיָ֤ה אֱלֹהִים֙ עִמָּכֶ֔ם וְהֵשִׁ֣יב אֶתְכֶ֔ם אֶל־אֶ֖רֶץ אֲבֹֽתֵיכֶֽם:
22And I have given you one portion over your brothers, which I took from the hand of the Amorite with my sword and with my bow." כבוַֽאֲנִ֞י נָתַ֧תִּי לְךָ֛ שְׁכֶ֥ם אַחַ֖ד עַל־אַחֶ֑יךָ אֲשֶׁ֤ר לָקַ֨חְתִּי֙ מִיַּ֣ד הָֽאֱמֹרִ֔י בְּחַרְבִּ֖י וּבְקַשְׁתִּֽי:
And I have given you: Since you are taking the trouble to occupy yourself with my burial, I have given you an inheritance where you will be buried. And which is this? This is Shechem, as it is said:“And Joseph’s bones, which the children of Israel had brought up out of Egypt, they buried in Shechem” (Josh. 24:32). ואני נתתי לך: לפי שאתה טורח להתעסק בקבורתי, וגם אני נתתי לך נחלה שתקבר בה, ואי זו, זו שכם, שנאמר (יהושע כד לב) ואת עצמות יוסף אשר העלו בני ישראל ממצרים קברו בשכם:
one portion over your brothers: Heb. אַחַד עַל אַחֶי שְׁכֶם, the actual [city of] Shechem, which will be for you one share over your brothers. [Accordingly, we render: Shechem, [which is] one [share] over your brothers.]- [from Gen. Rabbah 97:6] שכם אחד על אחיך: שכם ממש, היא תהיה לך חלק אחד יתירה על אחיך:
with my sword and with my bow: When Simeon and Levi slew the men of Shechem, all those [nations] around them (Jacob’s sons) assembled to attack them, and Jacob girded weapons of war against them. — [from Gen. Rabbah 97:6, Targum Jonathan ben Uzziel.]Another explanation:“One portion” refers to the birthright, and indicates that his (Joseph’s) sons should take two shares. שְׁכֶם is a word meaning “a portion,” as the Targum renders. There are many similar instances in Scripture:“For You shall place them as a portion (שְׁכֶם)” (Ps. 21:13), You shall place my enemies before me as portions;“I will divide a portion (שְׁכֶם)” (ibid. 60:8);“…murder on the way, שֶׁכְמָה ” (Hos. 6:9), [meaning:] each one his share;“to worship Him of one accord אֶחָד) (שְׁכֶם” (Zeph. 3:9), [meaning: in one group]. בחרבי ובקשתי: כשהרגו שמעון ולוי את אנשי שכם נתכנסו כל סביבותיהם להזדווג להם וחגר יעקב כלי מלחמה כנגדן. דבר אחר שכם אחד היא הבכורה שיטלו בניו שני חלקים, ושכם לשון חלק הוא, והרבה יש לו דומים במקרא (תהלים כא יג) כי תשיתמו שכם, תשית שונאי לפני לחלקים, [(שם ס ח) אחלקה שכם, (הושע ו ט) דרך ירצחו שכמה, איש חלקו], (צפניה ג ט) לעבדו שכם אחד:
which I took from the hand of the Amorite: From the hand of Esau, who behaved like an Amorite (Gen. Rabbah 97:6). Another explanation [of why Esau is called אמֹרִי]: who deceived his father with the sayings (אִמְרֵי) of his mouth. אשר לקחתי מיד האמורי: מיד עשו שעשה מעשה אמורי. דבר אחר שהיה צד אביו באמרי פיו:
with my sword and with my bow: I.e., his cleverness and his prayer. בחרבי ובקשתי: היא חכמתו ותפלתו:
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Daily Tehillim: Chapters 55 - 59
• Hebrew text
• English text• Chapter 55
David composed this psalm upon escaping from Jerusalem in the face of the slanderers, Doeg and Achitofel, who had declared him deserving of death. David had considered Achitofel a friend and accorded him the utmost honor, but Achitofel betrayed him and breached their covenant. David curses all his enemies, so that all generations should "know, and sin no more."
1. For the Conductor, with instrumental music, a maskil by David.
2. Listen to my prayer, O God, do not hide from my pleas.
3. Pay heed to me and answer me, as I lament in my distress and moan -
4. because of the shout of the enemy and the oppression of the wicked; for they accuse me of evil and hate me passionately.
5. My heart shudders within me, and the terrors of death have descended upon me.
6. Fear and trembling penetrate me, and I am enveloped with horror.
7. And I said, "If only I had wings like the dove! I would fly off and find rest.
8. Behold, I would wander afar, and lodge in the wilderness forever.
9. I would hurry to find shelter for myself from the stormy wind, from the tempest.”
10. Consume, O Lord, confuse their tongue; for I have seen violence and strife in the city.1
11. Day and night they encircle her upon her walls, and iniquity and vice are in her midst.
12. Treachery is within her; fraud and deceit never depart from her square.
13. For it is not the enemy who taunts me-that I could bear; nor my foe who raises himself against me, that I could hide from him.
14. But it is you, a man of my equal, my guide and my intimate.
15. Together we took sweet counsel; we walked with the throng to the house of God.
16. May He incite death upon them, let them descend to the pit alive; for there is evil in their dwelling, within them.
17. As for me, I call to God, and the Lord will save me.
18. Evening, morning and noon, I lament and moan-and He hears my voice.
19. He redeemed my soul in peace from battles against me, because of the many who were with me.
20. May God-He who is enthroned from the days of old, Selah-hear and humble those in whom there is no change, and who do not fear God.
21. He extended his hands against his allies, he profaned his covenant.
22. Smoother than butter are the words of his mouth, but war is in his heart; his words are softer than oil, yet they are curses.
23. Cast your burden upon the Lord, and He will sustain you; He will never let the righteous man falter.
24. And You, O God, will bring them down to the nethermost pit; bloodthirsty and treacherous men shall not live out half their days; but I will trust in You.
FOOTNOTES
1. Jerusalem.
Chapter 56
David composed this psalm while in mortal danger at the palace of Achish, brother of Goliath. In his distress David accepts vows upon himself.
1. For the Conductor, of the mute dove1 far away. By David, a michtam, 2 when the Philistines seized him in Gath.
2. Favor me, O God, for man longs to swallow me; the warrior oppresses me every day.
3. My watchful enemies long to swallow me every day, for many battle me, O Most High!
4. On the day I am afraid, I trust in You.
5. [I trust] in God and praise His word; in God I trust, I do not fear-what can [man of] flesh do to me?
6. Every day they make my words sorrowful; all their thoughts about me are for evil.
7. They gather and hide, they watch my steps, when they hope [to capture] my soul.
8. Should escape be theirs in reward for their iniquity? Cast down the nations in anger, O God!
9. You have counted my wanderings; place my tears in Your flask-are they not in Your record?
10. When my enemies will retreat on the day I cry out, with this I will know that God is with me.
11. When God deals strictly, I praise His word; when the Lord deals mercifully, I praise His word.
12. In God I trust, I do not fear-what can man do to me?
13. My vows to You are upon me, O God; I will repay with thanksgiving offerings to You.
14. For You saved my soul from death-even my feet from stumbling-to walk before God in the light of life.
FOOTNOTES
1. David having fled from Jerusalem, is silenced by fear (Rashi/Metzudot).
2. A psalm that was especially precious to David
Chapter 57
David composed this psalm while hiding from Saul in a cave, facing grave danger. Like Jacob did when confronted with Esau, David prayed that he neither be killed nor be forced to kill. In the merit of his trust in God, God wrought wonders to save him.
1. For the Conductor, a plea to be spared destruction. By David, a michtam, when he fled from Saul in the cave.
2. Favor me, O God, favor me, for in You my soul took refuge, and in the shadow of Your wings I will take refuge until the disaster passes.
3. I will call to God the Most High; to the Almighty Who fulfills [His promise] to me.
4. He will send from heaven, and save me from the humiliation of those who long to swallow me, Selah; God will send forth His kindness and truth.
5. My soul is in the midst of lions, I lie among fiery men; their teeth are spears and arrows, their tongue a sharp sword.
6. Be exalted above the heavens, O God; let Your glory be upon all the earth.
7. They laid a trap for my steps, they bent down my soul; they dug a pit before me, [but] they themselves fell into it, Selah.
8. My heart is steadfast, O God, my heart is steadfast; I will sing and chant praise.
9. Awake, my soul! Awake, O harp and lyre! I shall awaken the dawn.
10. I will thank You among the nations, my Lord; I will praise You among the peoples.
11. For Your kindness reaches till the heavens, Your truth till the skies.
12. Be exalted above the heavens, O God; let Your glory be over all the earth.
Chapter 58
David expresses the anguish caused him by Avner and his other enemies, who justified Saul's pursuit of him.
1. For the Conductor, a plea to be spared destruction; by David, a michtam.
2. Is it true that you are mute [instead of] speaking justice? [Instead of] judging men with fairness?
3. Even with your heart you wreak injustice upon the land; you justify the violence of your hands.
4. The wicked are estranged from the womb; from birth do the speakers of falsehood stray.
5. Their venom is like the venom of a snake; like the deaf viper that closes its ear
6. so as not to hear the voice of charmers, [even] the most skillful caster of spells.
7. O God, smash their teeth in their mouth; shatter the fangs of the young lions, O Lord.
8. Let them melt like water and disappear; when He aims His arrows, may they crumble.
9. Like the snail that melts as it goes along, like the stillbirth of a woman-they never see the sun.
10. Before your tender shoots know [to become] hardened thorns, He will blast them away, as one [uprooting] with vigor and wrath.
11. The righteous one will rejoice when he sees revenge; he will bathe his feet in the blood of the wicked.
12. And man will say, "There is indeed reward for the righteous; indeed there is a God Who judges in the land."
Chapter 59
This psalm speaks of the great miracle David experienced when he eluded danger by escaping through a window, unnoticed by the guards at the door. The prayers, supplications, and entreaties he offered then are recorded here.
1. For the Conductor, a plea to be spared destruction, By David, a michtam, when Saul dispatched [men], and they guarded the house in order to kill him.
2. Rescue me from my enemies, my God; raise me above those who rise against me.
3. Rescue me from evildoers, save me from men of bloodshed.
4. For behold they lie in ambush for my soul, mighty ones gather against me-not because of my sin nor my transgression, O Lord.
5. Without iniquity [on my part,] they run and prepare-awaken towards me and see!
6. And You, Lord, God of Hosts, God of Israel, wake up to remember all the nations; do not grant favor to any of the iniquitous traitors, Selah.
7. They return toward evening, they howl like the dog and circle the city.
8. Behold, they spew with their mouths, swords are in their lips, for [they say], "Who hears?”
9. But You, Lord, You laugh at them; You mock all nations.
10. [Because of] his might, I wait for You, for God is my stronghold.
11. The God of my kindness will anticipate my [need]; God will show me [the downfall] of my watchful foes.
12. Do not kill them, lest my nation forget; drive them about with Your might and impoverish them, O our Shield, my Master,
13. [for] the sin of their mouth, the word of their lips; let them be trapped by their arrogance. At the sight of their accursed state and deterioration, [people] will recount.
14. Consume them in wrath, consume them and they will be no more; and they will know that God rules in Jacob, to the ends of the earth, Selah.
15. And they will return toward evening, they will howl like the dog and circle the city.
16. They will wander about to eat; when they will not be sated they will groan.
17. As for me, I shall sing of Your might, and sing joyously of Your kindness toward morning, for You have been a stronghold to me, a refuge on the day of my distress.
18. [You are] my strength, to You I will sing, for God is my stronghold, the God of my kindness.
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Tanya: Likutei Amarim, end of Chapter 7
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, end of Chapter 7
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Tuesday, Tevet 10, 5776 · December 22, 2015
• Audio Class: Listen | Download
• Video Class• Tuesday, Tevet 10, 5776 · December 22, 2015
Today's Tanya Lesson
Likutei Amarim, end of Chapter 7
אך החיות שבטפות זרע שיצאו ממנו לבטלה, אף שירדה ונכללה בשלש קליפות הטמאות, הרי זו עולה משם בתשובה נכונה ובכוונה עצומה בקריאת שמע שעל המטה, כנודע מהאריז״ל
However, the vitality in the drops of semen that one issued wastefully, even though it has been degraded and incorporated in the three unclean kelipot, can nevertheless ascend from there by means of true repentance and intense concentration and devotion (kavanah) during the recital of the Shema at bedtime, as is known from the teachings of our master, Rabbi Isaac Luria, of blessed memory.
ומרומז בגמרא: כל הקורא קריאת שמע על מטתו כאילו אוחז חרב של שתי פיות כו׳
This is implied in the Talmudic saying:1 “He who recites the Shema at bedtime is as if he held a double-edged sword…,”
כדי להרוג גופות החיצונים שנעשו לבוש לחיות שבטפות, ועולה החיות מהם, כידוע ליודעי ח״ן
meaning, one edge wherewith to slay the bodies of the “extraneous forces” (the kelipot) that have become garments for the vitality in the drops of semen, and another edge by which the vitality ascends from them (from the kelipot), as is known to those familiar with the Esoteric Wisdom (the Kabbalah).
ולכן לא הוזכר עון זרע לבטלה בתורה בכלל ביאות אסורות
Therefore the sin of wasteful emission of semen is not mentioned in the Torah among the list of forbidden coitions,
אף שחמור מהן וגדול עונו בבחינת הגדלות וריבוי הטומאה והקליפות שמוליד ומרבה במאד מאד בהוצאת זרע לבטלה יותר מביאות אסורות
even though in one respect it is more heinous than they, and [the individual’s] sin is greater with regard to the enormity and abundance of the impurity and of the kelipot; he begets and multiplies them to an exceedingly great extent through wasteful emission of semen, even more so than through forbidden coitions. I.e., when measured by the “quantity” of kelipot that sin creates, this sin is graver than the forbidden coitions.
רק, שבביאות אסורות מוסיף כח וחיות בקליפה טמאה ביותר, עד שאינו יכול להעלות משם החיות בתשובה
It is only that when measured qualitatively this sin is different. For in the case of forbidden coitions one contributes additional strength and vitality to a most unclean kelipah, from which he is powerless to raise up the vitality by means of ordinary repentance,
אלא אם כן יעשה תשובה מאהבה רבה כל כך, עד שזדונות נעשו לו כזכיות
unless he repents with such great love that his willful wrongs are transformed into merits.
Since the sin of wasteful emission of semen can be rectified even without “repentance out of love,” the Torah does not include this sin with the related sins of forbidden coition. Concerning this sin, all that is necessary to elevate the degraded vitality to holiness is proper repentance with true intent and devotion, during the recitation of the bedtime Shema.
In the note which follows the Alter Rebbe explains why forbidden coition requires greater repentance than wasteful emission.
הגהה
מפני שנקלטה ביסוד דנוקבא דקליפה, המקבלת וקולטת החיות מהקדושה
NOTE
The reason is that through forbidden coitions this vitality has been absorbed by the level of Yesod in the “female” element of kelipah, which receives and absorbs the vitality from holiness — just as the physical semen is absorbed within the female, in the case of these sins.
מה שאין כן בזרע לבטלה שאין שם בחינת נוקבא דקליפא
Not so with wasteful emission of semen, where there is no “female” element of kelipah;
רק שכחותיה וחיילותיה מלבישים לחיות שבטפות, כידוע ליודעי ח"ן
Only its (the kelipah’s) power and forces garb (i.e., encompass) the vitality of the semen, as is known to those familiar with the Esoteric Wisdom.
END OF NOTE
ובזה יובן מאמר רבותינו ז״ל: איזהו מעוות שלא יוכל לתקון, זה שבא על הערוה והוליד ממזר
From the above explanation, that the vitality of the forbidden coitions can be released through “repentance out of love,”we will understand that which our Sages say:2 “Which is3 ‘a fault that cannot be rectified’? — Having incestuous intercourse and giving birth to a bastard.”
שאז גם אם יעשה תשובה גדולה כל כך, אי אפשר לו להעלות החיות לקדושה
For then, once the bastard is born, though the sinner undertakes such great repentance as “repentance of great love,” he cannot cause the vitality to ascend to Sanctity,
מאחר שכבר ירדה לעולם הזה ונתלבשה בגוף בשר ודם
since it has already descended into this world and has been clothed in a body of flesh and blood.
Even “repentance of great love” cannot rectify this. Still, it is explained elsewhere that if the repentance is powerful enough it can actually effect the death of the bastard; and once it ceases to be a body of flesh and blood its vitality can ascend to holiness.
——— ● ———
| FOOTNOTES | |
| 1. | Berachot 5a. |
| 2. | Chagigah 9a. |
| 3. | Kohelet 1:15. |
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
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• Tuesday, Tevet 10, 5776 · December 22, 2015
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 19
Grace after Meals
"And you will eat and be sated then you will bless G‑d"—Deuteronomy 8:10.
We are commanded to express gratitude to G‑d after every meal.
Full text of this Mitzvah »
Positive Commandment 215
Circumcision
"Every male child among you shall be circumcised"—Genesis 17:10.
We are commanded to circumcise all our male children. This obligation rests upon the child's father, not his mother.
Full text of this Mitzvah »
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 19
Grace after Meals
"And you will eat and be sated then you will bless G‑d"—Deuteronomy 8:10.
We are commanded to express gratitude to G‑d after every meal.
Full text of this Mitzvah »
Grace after Meals
Positive Commandment 19
Translated by Berel Bell
The 19th mitzvah is that we are commanded to thank G‑d (exalted be He) after each time we eat.1
The source of this commandment is G‑d's statement,2 "When you have eaten and are satiated, You shall bless G‑d your L‑rd."
The Tosefta3 says, "Reciting the blessing after eating is a mitzvah of the Torah, as the verse says, 'When you have eaten and are satiated, you shall bless G‑d your L‑rd.' "
The details of this mitzvah are explained in many places in the tractate Berachos.4
FOOTNOTES
1.This speaks primarily of bread made from the five grains. After eating other types of food, one is required to recite a blessing by Rabbinic ordinance.
2.Deut. 8:10.
3.Berachos, beginning of Chapter 6.
4.The Rambam usually explains whether or not a particular mitzvah is obligatory on women. However, in Hilchos Berachos, Chapter 5, Halacha 1, he rules that it is halachically doubtful whether they are obligated by Torah or Rabbinic law.
------------------------------------------------------------------------Positive Commandment 215
Circumcision
"Every male child among you shall be circumcised"—Genesis 17:10.
We are commanded to circumcise all our male children. This obligation rests upon the child's father, not his mother.
Full text of this Mitzvah »
Circumcision
Positive Commandment 215
Translated by Berel Bell
The 215th mitzvah is that we are commanded to perform circumcision.
The source of this commandment is G‑d's statement1 (exalted be He) to Avraham, "You must circumcise every male."
The Torah clearly states that the punishment for one who does not fulfill this mitzvah is kares.2 The source for this is G‑d's statement3 (exalted be He), "The uncircumcised male whose foreskin has not been circumcised, shall be punished by kares."
The details of this mitzvah are explained in the 19th chapter of Shabbos4 and the 4th chapter of Yevamos.5
A woman is not obligated regarding her son's circumcision as a father is so obligated, as explained in Kiddushin.6
FOOTNOTES
1.Gen. 17:10.
2.This applies only when the individual's father has not circumcised him, and his entire life has passed without him circumcising himself.
See Principle 14, where the Rambam defines kores as losing one's portion in the World to Come (unless the person does teshuvah before death). See also Hilchos Teshuvah, Chapter 8, Halachah. 1.
3.Gen. 17:14.
4.130a.
5.47b.
6.29a.
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• 1 Chapter: Matnot Aniyim Matnot Aniyim - Chapter 8 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
• 1 Chapter: Matnot Aniyim Matnot Aniyim - Chapter 8 • English Text | Hebrew Text |
Audio: Listen | Download | Video Class
• Matnot Aniyim - Chapter 8
Halacha 1
Charity is considered as a vow. Therefore one who says: "I pledge to give asela to charity"1 or "[I will give] this sela to charity,"2he is obligated to give it [to charity] immediately.3 If he delays, he transgresses the commandment against delaying [the observance of one's vow],4for he has the capacity to make the gift immediately and [generally,] there are poor people at hand.
If there are no poor people at hand, he should set aside [the donation] and put it away until he finds poor people.5 If he made a stipulation that he is not obligated to make the donation until he finds poor people, he does not have to separate it [until the poor are at hand]. Similarly, if he made a stipulation at the time he made his vow to charity or pledged his donation that the trustees of the charitable fund could exchange it for gold, they are permitted to do so.6
Halacha 2
When a person extends a vow made to charity, he is obligated as is the case with regard to other vows.7
What is implied? If he said: "This sela is like this one [given to charity], it is also charity. When a person sets aside a sela and says: "This is charity" and then takes another sela and says: "And this," the second is also charity even though he did not say so explicitly.8
Halacha 3
When a person takes a vow [to give charity], but does not remember how much he vowed to give, he should give until he says: "I did not intend [to give] this [much]."9
Halacha 4
[The following rules apply] both to a person who says: "This sela is charity" and one who says: "I pledge a sela for charity" and sets it aside. If he desires to exchange it with another [coin], he is permitted to do so.10 Once it reaches the hand of the treasurer of the charity, it is forbidden to be exchanged. If the treasurer of the charity desires to exchange the common currency fordinarim,11 they are not permitted to do so.12 If there are no poor among whom to distribute the funds, they should have others exchange the coins,13but they should not do so themselves.
Halacha 5
If the poor would benefit from the delay of the money in the possession of the charity collector so that he could motivate others to give,14 that charity collector may borrow the money and pay [when the funds are required]. For charity does not resemble funds dedicated to the Temple treasury from which it is forbidden to benefit.
Halacha 6
When a person donates a candelabra or a lamp to a synagogue, it is forbidden to exchange it.15 If it is for a sacramental purpose, it is permitted to exchange it, even though the name of the donor is still associated with it, e.g., it is said: "This is so-and-so's candelabra" or "...so-and-so's lamp."16 If the name of the donor is no longer associated with it, it may be exchanged17 even for matters that are not sacramental in nature.
Halacha 7
When does the above apply? When the donor was Jewish. If, however, he was a gentile, it is forbidden to exchange it even for matters that are sacramental in nature as long as the name of the donor is still associated with it.18 [We fear that] the gentile might say: "I consecrated an article to the Jews' synagogue and they sold it for their own purposes."19
Halacha 8
When a gentile seeks to make a donation to the Temple treasury, initially, we do not accept it. If, however, it was taken from him, we do not return it to him. If it was a specific article, e.g., a beam or a stone, we return it to him so that there will not be a specific entity in the Temple associated with [a gentile], as [Ezra 4:3] states: "It is not for you,20 together with us to build a Temple for our God."21 For a synagogue, by contrast, we may accept their [donations, even] initially, provided they say: "I am donating it according to the intent of the Jewish people." If he does not say so, it must be entombed, for perhaps his intent was to consecrate it unto God.22 We do not receive donations23 from them for the walls of Jerusalem or an aqueduct in [that city], as [Nechemiah 2:20] states: "And you do not have a portion or a remembrance in Jerusalem."24
Halacha 9
Halacha 10
The redemption of captives receives priority over sustaining the poor and providing them with clothing. [Indeed,] there is no greater mitzvah than the redemption of captives.30 For a captive is among those who are hungry, thirsty, and unclothed and he is in mortal peril.31 If someone pays no attention to his redemption, he violates the negative commandments: "Do not harden your heart or close your hand" (Deuteronomy 15:7), "Do not stand by when the blood of your neighbor is in danger" (Leviticus 19:16), and "He shall not oppress him with exhausting work in your presence" (ibid. 25:53). And he has negated the observance of the positive commandments: "You shall certainly open up your hand to him" (Deuteronomy 15:8), "And your brother shall live with you" (ibid. 19:18), "Love your neighbor as yourself" (Leviticus 19:18), "Save those who are taken for death" (Proverbs 24:11), and many other decrees of this nature. There is no mitzvah as great as the redemption of captives.
Halacha 11
When the inhabitants of a city collected money for building a synagogue and a purpose associated with a mitzvah arose, they may use the money for that purpose. If they purchased stones and beams, they should not sell them [and use the proceeds] for a purpose associated with a mitzvah other than the redemption of captives.32 Even though they brought the stones [to the building site], cut the beams and shaped them to size, and prepared everything for building, it should all be sold, [but] only for the sake of redeeming captives. If the built [the synagogue] and completed it,33 it should not be sold. Instead, the funds necessary to redeem the captives should be raised from the community.34
Halacha 12
We do not redeem captives for more than their worth35 for the benefit of the world at large, i.e., so that enemies will not pursue people to hold them captive.36We do not assist captives in escaping, for the benefit of the world at large, i.e., so that enemies will not oppress captives seriously and be very strict when guarding them.37
Halacha 13
When a person sold himself and his children [as servants] to gentiles or borrowed money from them and they held him captive or imprisoned him [because of his failure to pay] the loan, it is a mitzvah to redeem him the first or second time [he is held]. [If this happens] a third time, we do not redeem him.38 We do, however, redeem the sons after their father's passing.39 If they sought to kill him, we redeem him from their hands even if he [has been held captive] several times.40
Halacha 14
When a servant is held captive, since he immersed himself [in the mikveh] and accepted the mitzvot,41 he should be redeemed like a Jew who has been taken captive. When a captive abandons his faith even with regard to only one mitzvah, e.g., he eats meat from animals that were not ritually slaughtered with the intent of angering God42 or the like, it is forbidden to redeem him.
Halacha 15
A woman receives precedence over a man with regard to being given sustenance, clothing, and to be redeemed from captivity.43 [The rationale is that] it is common for a man to beg, but not for a woman and this is extremely embarrassing for her. If they were both held in captivity and they were both solicited for a transgression,44 the man should be redeemed first, because this is not ordinary for him.45
Halacha 16
When a male and female orphan come seeking assistance in marriage, we assist the woman before the man, because the woman's shame is greater. She should not be given less than the weight of six and a quarter dinarim of pure silver.46 If the treasury of the charitable fund has the means, we give the money according to her honor.
Halacha 17
If there were many poor people or many captives and one does not have the means to provide sustenance or clothing for all of them or to redeem all of them, a priest is given precedence over a Levite.47 A Levite is given precedence over an Israelite. An Israelite is given precedence over achallal,48 a challal over a shituki,49 a shituki over an asufi,50 an asufi over amamzer,51 a mamzer over a netin,52and a netin over a convert. [The rationale for the latter is that] a netin grew up with us in holiness.53 A convert is granted precedence over a freed servant, for [the latter] was originally among those who were "cursed."54
| FOOTNOTES | |
| 1. |
I.e., he accepts the obligation upon himself. This is referred to as a vow (Hilchot Nedarim 1:2).
|
| 2. |
Designating the coin for that purpose. This is referred to as a donation (ibid.).
|
| 3. |
For one is obligated to fulfill his pledges at the earliest possible date.
|
| 4. |
Deuteronomy 23:22 commands: "Do not delay in paying it" and Hilchot Ma'aseh HaKorbanot 14:13 considers the prohibition against delaying payment of one's vows as one of the 613 commandments.
|
| 5. |
He does not, however, have to seek out poor people to give it to them (Siftei Cohen 257:5).
|
| 6. |
Compare to Halachah 4.
|
| 7. |
See Hilchot Nedarim 3:3-4.
|
| 8. |
Although Nedarim 7a leaves this matter unresolved, the Rambam and other authorities rule stringently.
|
| 9. |
I.e., we obligate him to give until he is certain that he gave an amount that surpassed his vow.
|
| 10. |
Unlike a coin consecrated to the Temple treasury, there is no necessity for a formal process of exchange. The Tur and the Shulchan Aruch (Yoreh De'ah 259:1) mention a further leniency, stating that a person may lend out this money - either to himself or to others. See Halachah 5.
|
| 11. |
I.e., taking petty change and exchanging it for larger coins.
|
| 12. |
Lest they be suspected of profiting on the exchange.
|
| 13. |
And thus that suspicion will not apply.
|
| 14. |
I.e., as long as they hold the money in their possession, they will continue trying to influence others to give. Once they give the money to the poor, we fear that they will cease their efforts.
|
| 15. |
I.e., to sell it and use the money for another charitable purpose.
|
| 16. |
The Radbaz states that, for that same purpose, if the name of the donor is engraved upon it, it may not be sold for a non-sacramental purpose. This ruling is quoted by the Rama (Yoreh De'ah259:3).
|
| 17. |
From the wording of the Shulchan Aruch (Yoreh De'ah 259:3), the Turei Zahav infers that the decision to exchange the article must be made by the community. It is not sufficient for the trustee of the synagogue to make it alone.
|
| 18. |
If, however, the donor's name is no longer associated with it, it may be sold (Siftei Cohen 259:13).
|
| 19. |
This would lead to the desecration of God's name (Turei Zahav 259:6).
|
| 20. |
These words were originally addressed to the heads of the gentile nations who offered to help the Jews who returned to Zion rebuild the Temple. Nevertheless, they apply with regard to all gentiles in every age.
|
| 21. |
The verse continues: "Instead, we ourselves will build it."
|
| 22. |
And thus it would be forbidden to benefit from it.
|
| 23. |
I.e., specific entities like beams or stones. An entity that is not specific may be accepted, for there is no reason to be more stringent for the walls of Jerusalem than for the Temple itself (Radbaz).
|
| 24. |
These words, spoken by Nechemiah to the gentile enemies of the Jews who returned to Zion, are taken beyond their literal context and applied to building the city at all times.
|
| 25. |
Based on Hilchot Melachim 10:10, we can assume that this is speaking about an idolater. If, however, a gentile accepts upon himself the observance of the Seven Universal Laws commanded to Noah and his descendants, we are permitted to accept charity from him.
|
| 26. |
The impression that the Jews cannot take care of their own and must rely on the gentiles for charity degrades the honor of God's name (Turei Zahav 254:1). If, however, the gentiles' charity is given in private, there is no difficulty in accepting it. Indeed, a person who accepts charity from the gentiles in public is not acceptable as a witness (Hilchot Edut 11:5).
|
| 27. |
For it is highly likely that the king would take offense were he to hear that his charity was spurned.
|
| 28. |
We do not give it to the Jews, less this generate merit for the gentile king and allow his kingship to prosper (Bava Batra 10b).
|
| 29. |
For diverting the charity from its intended purpose is also likely to arouse the king's rage.
The Shulchan Aruch (Yoreh De'ah 254:2) quotes the Rambam's ruling. The Rama states that the king's wishes should be heeded.
|
| 30. |
For as the Rambam continues to explain, all of the different aspects of charitable gifts are included in the redemption of captives (Bava Batra 8b).
|
| 31. |
For at any time, his captors may take his life.
|
| 32. |
An exception is made in this instance, because the captives' lives are at risk.
|
| 33. |
From the Rambam's wording, the Turei Zahav 252:21 infers that if the building is not complete, it may be sold.
|
| 34. |
The Siftei Cohen 252:1 states that if the community has no way of raising the funds through other means, it may sell the synagogue.
|
| 35. |
I.e., they are evaluated like servants sold at a slave market (Meiri, Gittin 45a).
|
| 36. |
Gittin, loc. cit. gives two reasons:
a) Were lawless men to know that they could receive exorbitant prices for the redemption of captives, they would be encouraged to kidnap them frequently.
b) this would be very taxing for the community.
The Rambam follows the latter view. Hence, even family members who would be willing to pay the extra expense are forbidden to do so (Radbaz). When quoting this law, the Shulchan Aruch(Yoreh De'ah 252:4) states that if the captive is a Torah scholar, an exception can be made and he may be redeemed for more than his worth.
|
| 37. |
I.e., if captives were wont to be helped to escape, kidnappers would become very strict and harsh when guarding other captives in the future.
|
| 38. |
For it appears that the father has no compunctions against selling himself or his children and thus the situation will merely repeat itself.
|
| 39. |
Lest they become assimilated among the nations. During their fathers' lifetime, by contrast, we presume that he will educate them concerning their Jewish heritage even when they are held by the gentiles (Rashi, Gittin 47a).
|
| 40. |
For we do not place any financial concerns above Jewish life.
|
| 41. |
See Hilchot Issurei Bi'ah 13:11, 14:9, which explain that these steps are necessary for a servant to attain the status of a servant of the Jewish people.
|
| 42. |
If, however, he transgresses because it is to his benefit to do so, he may be redeemed, but there is no obligation to redeem him [Rama (Yoreh De'ah 251:2)].
|
| 43. |
There is another reason to give a woman precedence with regard to the redemption from captivity: We fear that the woman may be raped.
|
| 44. |
The Rambam is using a euphemism for sexual relations.
|
| 45. |
I.e., sodomic rape is against a man's nature. Hence it is more shameful than ordinary rape.
|
| 46. |
Ketubot 67b says the woman should be given 50 dinarim, but those are not pure silver. Instead, they were seven eights base metals and one eighth pure silver.
|
| 47. |
I.e. we give respect to the holiness of the priest's lineage.
|
| 48. |
The term challal refers to the offspring of a priest who was born from intimate relations forbidden to a priest or is the descendant of the offspring of such relations. See Hilchot Issurei Bi'ah, ch. 19. Such a person - and similarly, those that are mentioned afterwards - is considered to be of blemished lineage. The extent of the blemish determines the person's place on the ladder of precedence. See the Rambam's Commentary to the Mishnah (Horiot 3:8) which mentions further details concerning this order of succession.
|
| 49. |
The term shituki means "one who is silenced" and refers to a child who knows the identity of his mother, but does not definitely know the identity of his father. He is silenced when he inquires about that matter (Hilchot Issurei Bi'ah 15:12).
|
| 50. |
The term asufi means "one who was gathered in" and refers to a child who knows neither the identity of his mother, nor of his father, but instead was "gathered in" from the market place (Hilchot Issurei Bi'ah 15:13). Both a shituki and an asufi are mamzerim of questionable status, i.e., it is possible that they are mamzerim and it is possible that they are not. Hence, they are given precedence over a person who is definitely a mamzer [the Rambam's Commentary to the Mishnah (loc. cit.)].
|
| 51. |
The term mamzer refers to a child who was born from an incestuous or adulterous relationship. See Hilchot Issurei Bi'ah, ch. 15.
|
| 52. |
The term netin, means "the designated ones" and refers to the descendants of the Gibeonites, one of the seven Canaanite nations who converted en masse. Joshua decreed that they be forbidden to marry among the Jewish people. David reinforced that decree, causing it to apply even at a time when the Sanctuary is no longer standing (Hilchot Issurei Bi'ah 12:22-23).
|
| 53. |
I.e., as a Jew, and was educated in an environment of holiness 13 [the Rambam's Commentary to the Mishnah (ibid.)].
|
| 54. |
With regard to servants, it is written (Genesis 9:25): "Cursed is Canaan. He shall be a servant of servants" (Rashi, Ketubot, loc. cit.).
|
| 55. |
Who is given the highest degree of respect in terms of position [the Rambam's Commentary to the Mishnah (loc. cit.)].
|
| 56. |
Hilchot Talmud Torah 3:2 interprets Proverbs 3:15 which states that the Torah is "Dearer than pearls" (mip'ninim) as meaning that the Torah receives precedence over the High Priest who enters the inner most chamber (lifnei ulifni'im).
|
| 57. |
The Rambam mentions the teacher before the father, because that is the order of precedence. The rationale is that one's father brought one into this world, but his teacher brings him into the world to come. If, however, his father is a Torah scholar, even if he is a lesser scholar than the teacher, the father receives precedence (ibid. 5:1; Hilchot Gezeilah 12:2).
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| 58. |
The Radbaz questions why a person's father is not given precedence over a Torah scholar even if the father is unlearned. Although the Shulchan Aruch (Yoreh De'ah 251:9) quotes the Rambam's ruling, the Siftei Cohen 251:17 states that one's father receives precedence even when he is unlearned.
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• 3 Chapters: Berachot Berachot - Chapter Ten, Berachot Berachot - Chapter Eleven, Milah Milah - Chapter One • English Text | Hebrew Text | Audio: Listen | Download• Berachot - Chapter Ten
• 3 Chapters: Berachot Berachot - Chapter Ten, Berachot Berachot - Chapter Eleven, Milah Milah - Chapter One • English Text | Hebrew Text |
Audio: Listen | Download• Berachot - Chapter Ten
Halacha 1
The Sages instituted other blessings and many other statements that lack ap'tichah and a chatimah, as an expression of praise and acknowledgement of the Holy One, blessed be He - for example, the blessings of prayer that we have already mentioned. Among these [blessings are the following]:
A person who builds a new house or buys new articles should recite the blessing: "Blessed are You, God, our Lord, who has granted us life, sustained us, and enabled us to reach this occasion." [This blessing is recited] regardless of whether he possesses similar articles or not.
Halacha 2
Similarly, a person who sees a friend after [not seeing him for] thirty days [or more] should recite the blessing shehecheyanu . If he sees him after a hiatus of twelve months [or more], he should recite the blessing "Blessed are You, God... who resurrects the dead."
A person who sees a fruit that grows only in a specific season each year should recite the blessing shehecheyanu when he sees it for the first time.
Halacha 3
When a person hears favorable tidings, he should recite the blessing: "Blessed are You, God, our Lord, King of the universe, who is good and does good." If he hears bad tidings, he should recite the blessing: "Blessed [are You...] the true Judge."
A person is obligated to recite a blessing over undesirable occurrences with a positive spirit, in the same manner as he joyfully recites a blessing over desirable occurrences. [This is implied by Deuteronomy 6:5]: "And you shall love God, your Lord... with all your might." Included in this extra dimension of love that we were commanded [to express] is to acknowledge and praise [God] with happiness even at one's time of difficulty.
Halacha 4
When a desirable event occurred to a person or he heard favorable tidings, although it appears that this good will ultimately cause one difficulty, he should recite the blessing hatov v’hameitiv. Conversely, if a person suffered a difficulty or heard unfavorable tidings, although it appears that this difficulty will ultimately bring him good, he should recite the blessing Dayan ha'emet. Blessings are not recited in consideration of future possibilities, but rather on what happens at present.
Halacha 5
[The following rules govern the recitation of blessings for] abundant rainfall: If one owns a field [individually], he should recite the blessing shehecheyanu. If one owns it in partnership with others, he should recite the blessing hatov v’hameitiv. If one does not own a field, he should recite the following blessing:
We thankfully acknowledge You, God, our Lord, for each and every drop that you have caused to descend for us. If our mouths were filled.... They shall all give thanks, praise, and bless Your name, our King. Blessed are You, God, the Almighty, who is worthy of manifold thanksgiving and praise.
Halacha 6
When should the blessing be recited? When much water collects on the face of the earth, the raindrops cause bubbles to form in the rain that has already collected, and the bubbles begin to flow one into another.
Halacha 7
[The following blessings should be recited] when a person was told that his father died and that he is his heir: If he has brothers [who will share the inheritance] with him, he should first recite, Dayan ha'emet, and afterwards,hatov v’hameitiv. If he has no brothers [who will share] with him, he should recite the blessing shehecheyanu.
To summarize the matter: Whenever a circumstance is of benefit to one together with others, he should recite the blessing hatov v’hameitiv. Should it be of benefit to him alone, he should recite the blessing shehecheyanu.
Halacha 8
Four individuals are required to render thanks: a person who had been sick and recuperated, a person who had been imprisoned and was released, people who alight [at their destination] after a journey at sea, and travelers who reach a settlement.
These thanks must be rendered in the presence of ten people, of whom two are sages, as [implied by Psalms 107:32]: "They will exalt Him in the congregation of the people and they will praise Him in the seat of the elders."
How does one give thanks and what blessing should he recite? He should stand in the midst of the [abovementioned] company and say:
Blessed are You, God, our Lord, King of the universe, who bestows benefits upon the culpable, who has bestowed all goodness upon me.
Those who hear should respond: May He who granted you beneficence continue to bestow good upon you forever.
Halacha 9
A person who sees a place where miracles were wrought for the Jewish people - for example, the Red Sea or the crossings of the Jordan - should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who wrought miracles for our ancestors in this place.
This blessing is recited wherever miracles were performed for many people. In contrast, in a place where a miracle was performed for an individual, that individual, his son, and his grandson should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who wrought a miracle for me in this place.
or "...who wrought a miracle for my ancestors in this place."
or "...who wrought a miracle for my ancestors in this place."
A person who sees the den of lions [into which Daniel was thrown] or the fiery furnace into which Chananiah, Mishael, and Azariah were thrown should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who wrought miracles for the righteous in this place.
A person who sees a place in which false gods are worshiped should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who grants patience to those who transgress His will.
[When a person sees] a place from which the worship of false gods has been uprooted in Eretz Yisrael, he should recite the blessing:
[Blessed are You, God, our Lord, King of the universe,] who uproots foreign worship from our land.
In the Diaspora, he should recite the blessing:
...who uproots foreign worship from this place.
In both instances, he should say:
As You have uprooted [foreign worship] from this place, so may it be uprooted from all places. And may You turn the hearts of its worshipers to serve You.
Halacha 10
A person who sees a settlement of Jewish homes should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who establishes the border of the widow.
[One who sees Jewish homes that are] destroyed should recite the blessing, "the true Judge." A person who sees Jewish graves should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who created you with justice, judged you with justice, sustained you with justice, took your lives with justice, and ultimately, will lift you up with justice to the life of the world to come. Blessed are You, God, who resurrects the dead.
Halacha 11
The following should be recited when one sees 600,000 people at one time. If they are gentiles, he should recite the verse (Jeremiah 50:12): "Your mother shall be greatly ashamed; she that bore you will be disgraced. Behold, the ultimate fate of the gentiles will be an arid wilderness and a desolate land."
If they are Jews and in Eretz Yisrael, he should recite the blessing:
Blessed are You, God, our Lord, King of the universe, the Wise [who knows] secrets.
One who sees a gentile wise man should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who has given from His wisdom to flesh and blood.
[When one sees] Jewish wise men, he should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who has given from His wisdom to those who fear Him.
[When one sees] a Jewish king, he should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who has given from His glory and might to those who fear Him.
[When one sees] a gentile king, he should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who has given from His glory to flesh and blood.
Halacha 12
A person who sees a Kushit or a person who has a strange-looking face or an abnormal limb should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who has altered His creations.
When one sees a blind man, a one-legged person, a person with skin boils or white blotches, or the like, he should recite the blessing "the true Judge." If they were born with these afflictions, he should recite the blessing "who has altered His creations."
When one sees an elephant, monkey, or owl, he should recite the blessing: "Blessed... who has altered His creations."
Halacha 13
A person who sees beautiful and well-formed creations or pleasant-looking trees should recite the blessing:
[Blessed are You, God, our Lord, King of the universe,] whose world is like this.
A person who goes out to the fields or gardens in the month of Nisan and sees flowering trees sprouting branches should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who did not leave anything lacking in His world and created within it fine creations and beautiful and fine trees so that they would give pleasure to men.
Halacha 14
[When one perceives] any of the following: winds that blow extremely powerfully, lightning, thunder, loud rumblings that sound like large mills when they are heard on the earth, shooting stars, or comets, he should recite the blessing:
[Blessed are You, God, our Lord, King of the universe,] whose power and might fill up the world.
If one desires, he may recite the blessing:
[Blessed are You, God, our Lord, King of the universe,] who performs the work of creation.
Halacha 15
Whenever one sees mountains, hills, seas, deserts, or rivers after a thirty day interval, he should recite the blessing "who performs the work of creation."
A person who sees the ocean after an interval of thirty days or more should recite the blessing:
[Blessed are You, God, our Lord, King of the universe,] who created the ocean.
Halacha 16
A person who sees a rainbow should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who remembers the covenant, is faithful to His covenant, and maintains His word.
When a person sees the moon after it is renewed, he should recite the blessing:
Blessed are You, God, our Lord, King of the universe, who created the heavens with His word and all their hosts with the breath of His mouth. He granted them a fixed law and schedule so that they should not alter their tasks. They rejoice and are glad to carry out the will of their Creator. They are faithful servants whose work is righteous. And He instructed the moon to renew itself as a crown of glory to those who are borne [by Him] from the womb, who are destined to be similarly renewed and to glorify their Creator for the name of the glory of His kingdom and for all He has created. Blessed are You, God, who renews the months.
Halacha 17
This blessing should be recited while standing, for whoever recites the blessing on the new moon at its appropriate time is considered as if he greeted the Divine Presence.
If a person did not recite the blessing on the first night, he may recite the blessing until the sixteenth of the month, until the moon becomes full.
Halacha 18
A person who sees the sun on the day of the spring equinox at the beginning of the twenty-eight year cycle that begins on Wednesday night [must recite a blessing]. When he sees the sun on Wednesday morning, he should recite the blessing "who performs the work of creation."
Similarly, the blessing "who performs the work of creation" should be recited when the moon reaches the beginning of the zodiac constellation taleh at the beginning of the month when it is not pointing to the north or the south, when any of the other five stars [that revolve in separate spheres] arrive at the beginning of the constellation taleh and do not point to the north or the south, and when one sees the constellation taleh ascend to the eastern corner [of the sky].
Halacha 19
When a person sees a settlement of gentile homes, he should recite the verse (Proverbs 15:25): "God will pluck up the house of the proud." Should he see a desolate settlement of gentile homes, he should recite the verse (Psalms 94:1): "The Lord is a God of retribution. O God of retribution, reveal Yourself." When one sees gentile graves, he should recite the verse (Jeremiah 50:12): "Your mother shall be greatly ashamed...."
Halacha 20
A person who enters a bathhouse should say "May it be Your will, God, our Lord, to allow me to enter in peace and leave in peace, and may You save me from this and the like in the future."
When one leaves the bath, he should say, "I give thanks to You, God, our Lord, for saving me from fire."
Halacha 21
A person who goes to let blood should say, "May it be Your will, God, our Lord, that this activity bring me a recovery, for You are a generous healer." Afterward, he should recite the blessing, "Blessed are You, God... Healer of the sick."
Halacha 22
A person who goes to measure his silo should say, "May it be Your will, God, our Lord, that You send blessing to the work of my hands." When he begins to measure, he should say, "Blessed be He who sends blessings to this heap of grain."
If he asks for mercy after measuring [his grain], his prayer is considered to be in vain. [Similarly,] whoever calls out [to God] over events that have already happened is considered to have uttered a prayer in vain.
Halacha 23
When a person enters a house of study, he should say:
May it be Your will, God, our Lord, that I not stumble regarding a point of law, that I not call something that is pure impure, nor something that is impure pure, nor call something that is permitted forbidden, nor something that is forbidden permitted, and that I not err regarding a point of Scriptural Law and cause my colleagues to laugh at me, nor my colleagues err and I laugh at them.
Halacha 24
When one leaves the house of study, he should say:
I thank You, God, our Lord, that You have granted me a portion among those who sit in the House of Study and have not granted me a portion among those who sit on the street-corners.
I rise early and they rise early: I rise early to the words of Torah, and they rise early to fruitless matters. I labor and they labor: I labor for the words of Torah and receive a reward; they labor and do not receive a reward. I run and they run: I run to the life of the world to come, and they run to the pit of destruction.
I rise early and they rise early: I rise early to the words of Torah, and they rise early to fruitless matters. I labor and they labor: I labor for the words of Torah and receive a reward; they labor and do not receive a reward. I run and they run: I run to the life of the world to come, and they run to the pit of destruction.
Halacha 25
A person who enters a metropolis should say, "May it be Your will, God, my Lord, to allow me to enter this metropolis in peace." If one enters in peace, he should say, "I thank You, God, my Lord, for allowing me to enter in peace."
When one desires to leave, he should say, "May it be Your will, God, my Lord, to allow me to depart from this metropolis in peace." If one departs in peace, he should say:
I thank You, God, my Lord, for allowing me to depart in peace. As You have allowed me to depart in peace, lead me [on my way] in peace, direct my steps in peace, support me in peace, and save me from the hands of the enemies and lurking foes on the way.
Halacha 26
The general rule is: A person should always cry out [to God] over future possibilities, asking for mercy. He should thank [God] for what has transpired in the past, thanking Him and praising Him according to his capacity. Whoever praises and thanks God abundantly and continuously is worthy to be praised.
Commentary Halacha
The Sages - In Chapter 1, Halachah 5, the Rambam attributed the composition of the text of all the blessings to Ezra and his court, theAnshei K'nesset Hagedolah.
instituted other blessings - The previous chapters described the birkat hanehenim, the blessings recited in acknowledgement of the benefit received from food or fragrance, based on the principle, "it is forbidden to receive benefit from this world without a blessing." In this chapter, the Rambam mentions other blessings that are recited in connection with events, sights, or news that are out of the ordinary. By reciting a blessing over these occurrences, we focus our awareness on the Divine origin of everything that occurs in this world.
and many other statements - See Halachot 19-25.
that lack a p'tichah - The words, "Blessed are You, God, our Lord, King of the World," which are used to begin blessings. (See Hilchot Kri'at Shema 1:7 and commentary.)
and a chatimah - The words, "Blessed are You, God," which are used to conclude blessings. (See Hilchot Kri'at Shema, ibid.)
as an expression of praise and acknowledgement of the Holy One, blessed be He - See Chapter 1, Halachah 4, which states that these blessings were instituted "to remember the Creator at all times and to fear Him."
for example, the blessings of prayer that we have already mentioned. - See Hilchot Tefillah, Chapter 7, which mentions the morning blessings.
Among these [blessings are the following]: A person who builds a new house - Rav Shneur Zalman of Liadi (Piskei Siddur 12:2) also mentions purchasing a new house.
or buys - The Shulchan Aruch (Orach Chayim 223:4) states that the blessing should be recited when the article is purchased, and not when it is first used. One feels greater satisfaction when purchasing the article than when using it.
new - This also refers to articles that are new for the purchaser (e.g., a used car). The world "new" is intended to exclude articles that were sold and repurchased (Shulchan Aruch, ibid.:3).
articles - i.e., garments or household goods (Mishnah Berurah 223:13). This blessing should be recited only on the acquisition of important articles, whose purchase brings one considerable satisfaction. SeeShulchan Aruch (ibid.:6) and Mishnah Berurah (ibid.).
should recite the blessing: "Blessed are You, God, our Lord, who has granted us life, sustained us, and enabled us to reach this occasion.'' - As mentioned in Halachah 7, this blessing is associated with "all benefits that a person appreciates alone." Similarly, it is recited in praise of God for allowing us to fulfill certain mitzvot.
[This blessing is recited] regardless of whether one possesses -According to the Rambam, this refers to articles acquired through inheritance. If one has already purchased such an article, he should not recite a blessing. The Shulchan Aruch (ibid.:3, based on the decisions of Rabbenu Yitzchak Alfasi and Rabbenu Asher), however, states that the blessing should be recited even when he had purchased such articles before.
similar articles or not. - This decision is based on the Rambam's analysis of Berachot 59b-60a.
Commentary Halacha
Similarly, a person who sees a friend - Tosafot, Berachot 58b, states that this refers to a friend who is dear and whose sight brings one satisfaction.
after [not seeing him - The Mishnah Berurah 225:2 mentions opinions that maintain that if one has heard news of one's friend's well-being or received a letter from him during this period, the blessing should not be recited. Note, however, Rav Shneur Zalman of Liadi's Piskei Siddur12:11, in which he negates these opinions, stating that a person feels genuine satisfaction only when he sees a friend face to face.
for] thirty days [or more] - Thirty days is considered a significant period regarding various matters of Scriptural Law.
should recite the blessing shehecheyanu - mentioned in the previous halachah.
If he sees him after a hiatus of twelve months [or more], he should recite the blessing "Blessed are You, God... - Although the Panim Me'irot states that the words "our Lord, King of the universe" need not be mentioned, the consensus of halachic opinion (see Mishnah Berurah225:3) is that they should be recited.
who resurrects the dead." - Berachot 58b states that just as a dead person is forgotten after a year's time, so, too, a friend whom one has not seen for such a period is as if he has ceased to exist.
A person who sees - Although from Bereishit Rabbah 29:2, it is clear that the blessing should be recited whether he eats the fruit or not, theShulchan Aruch (Orach Chayim 225:3) states that it is customary to recite the blessing before partaking of the fruit.
a fruit - whether of trees or of the earth. For example, Eruvin 40b states the blessing should be recited over squash.
that grows only in a specific season each year - The Ramah (Orach Chayim 225:6) states that the blessing should be recited even if the fruit has two seasons a year in which it grows. The intent is to exclude fruits and vegetables that grow throughout the year.
should - Eruvin, ibid., emphasizes that we are not obligated to recite this blessing (Mishnah Berurah 225:9).
recite the blessing shehecheyanu when he sees it for the first time. -The Ramah (Orach Chayim 225:3) writes that a person who did not recite the blessing the first time he saw the fruit may recite the blessing when he sees it a second time. The Mishnah Berurah 225:13 supports this opinion, noting that, at present, it is customary not to recite the blessing until one partakes of the fruit. Nevertheless, should he taste the fruit without reciting the blessing, it should not be recited at a later time.
Commentary Halacha
When a person hears favorable tidings - This halachah is complemented by Halachah 7, which explains that the blessing hatov v’hameitiv is recited when the positive nature of the tidings effect others as well as oneself. If the favorable tidings are individual in nature, the blessing shehecheyanu should be recited. The Rambam mentions hatov v’hameitiv in this halachah, because he is referring to - although not quoting exactly - the text of the Mishnah, Berachot 9:2.
he should recite the blessing: "Blessed are You, God, our Lord, King of the universe, who is good and does good.'' - As mentioned in Chapter 4, Halachah 9, this same blessing is also recited when different wine is served during a meal.
If he hears bad tidings, he should recite the blessing: "Blessed [are You...] the true Judge.'' - This blessing has the implication that, although one personally feels upset over the event, he realizes that since everything is controlled by God and He is "the true Judge":
a) the occurrence, however tragic, was just,
b) ultimately, it is intended for the good. God, who is truly good, cannot be the source of evil.
b) ultimately, it is intended for the good. God, who is truly good, cannot be the source of evil.
A person is obligated to recite a blessing - Dayan ha'emet
over undesirable occurrences with a positive spirit in the same manner as he joyfully recites a blessing - shehecheyanu or hatov v’hameitiv.
over desirable occurrences. [This is implied by Deuteronomy 6:5]: "And you shall love God, your Lord... with all your might." Included in this extra dimension of love - The Hebrew word translated as "your might," מאודך, is related to the word, מאוד, meaning "very." This implies that this is a dimension of love above the ordinary.
that we were commanded [to express] - Loving God is one of the 613 mitzvot of the Torah. (See Hilchot Yesodei HaTorah 2:1-2.) The verse cited above is the proof-text for that commandment. Thus, the mitzvah to love God includes this "extra dimension of love."
is to acknowledge and praise [God] with happiness even at one's time of difficulty. - This halachah is based onBerachot 9:5. Because of the deep message communicated by that Mishnah, it is worthy to quote it and the Rambam's commentary upon it:
We are obligated to bless [God] for undesirable occurrences in the same manner as we bless [Him] for desirable occurrences. [This is implied byDeuteronomy 6:5]: "And you shall love God, your Lord with all your heart, with all your soul, and with all your might."
"With all your heart": with both your inclinations; the good inclination and the evil inclination;
"With all your soul": even if it takes your soul;
"With all your might": with all your money. Alternatively, the expression בכל מאדך [can be associated with the words בכל מדה and interpreted to mean] for every measure that He deals you be very, very thankful to Him.
"With all your heart": with both your inclinations; the good inclination and the evil inclination;
"With all your soul": even if it takes your soul;
"With all your might": with all your money. Alternatively, the expression בכל מאדך [can be associated with the words בכל מדה and interpreted to mean] for every measure that He deals you be very, very thankful to Him.
On this Mishnah, the Rambam comments:
[The Mishnah] states: In the same manner as one blesses Him for good... [i.e.,] he should accept them with happiness, overcome his feelings, and compose his mind when reciting the blessing Dayan ha'emet to the extent that he should appear in the same state as when reciting the blessing hatov v’hameitiv.
Our Sages declared... "Everything Heaven does is for good."... Although many matters may originally look unfavorable, ultimately they will bring great good. Conversely, there are many things which, at the outset, appear good, and ultimately are very bad. Therefore, an understanding person should not become aggrieved when beset with difficulties... because he does not know the ultimate outcome.
A person should concentrate his thoughts [on the following objective] and ask God [for it to be realized]: That everything that happens to him in this world, both positive and unfavorable occurrences, should be with the intent of bringing him the ultimate happiness, [a portion in the world to come].
Our Sages declared... "Everything Heaven does is for good."... Although many matters may originally look unfavorable, ultimately they will bring great good. Conversely, there are many things which, at the outset, appear good, and ultimately are very bad. Therefore, an understanding person should not become aggrieved when beset with difficulties... because he does not know the ultimate outcome.
A person should concentrate his thoughts [on the following objective] and ask God [for it to be realized]: That everything that happens to him in this world, both positive and unfavorable occurrences, should be with the intent of bringing him the ultimate happiness, [a portion in the world to come].
1. In his Commentary on the Mishnah (Berachot 9:3, based on Berachot60a), the Rambam gives an example of such a situation: A person who found a lost object in Eretz Yisrael in Talmudic times. The Romans would punish anyone who did not deliver a lost object he discovered to the government authorities. Thus, one could ultimately be reported for having found a lost object and be forced to pay an exorbitant fine for it. Nevertheless, at the time the object is found, it is an obvious good.
2. The Rambam (ibid.) exemplifies this situation as follows: A person's fields were flooded, damaging his crops. Although the fact that his fields were watered will ultimately prove advantageous, he should recite Dayan ha'emet, since, immediately, he suffered a loss.
3. The Rishon LeTzion relates that the Rambam's choice of phraseology implies that even when one is certain that the opposite quality will ultimately become manifest, he should recite the blessing appropriate for the situation at present.
4. Rabbenu Asher maintains that even if one owns a field individually, if there are other Jews in the area who will benefit from the rain, he should recite hatov v’hameitiv.
5. Significantly, this blessing does not begin: "Blessed are You, God...."
6. One continues, reciting the text of the Nishmat prayer recited on Sabbath mornings.
7. The Bayit Chadash and the Ramah (Orach Chayim 221:1) state that it is not customary to recite this blessing in European countries. Since rain is plentiful there, people do not appreciate it as much. Nevertheless, should there be a drought in these countries, this blessing should be recited (Mishnah Berurah 221:2).
8. Ta'anit 6b, the source for this halachah, describes this situation metaphorically, "when the groom goes out to greet the bride." (See alsoBerachot 59b.)
9. The same holds true for other circumstances that are, simultaneously, of both a positive and undesirable nature. For example, Ramah (Orach Chayim 223:1) mentions the recitation of the two blessings (shehecheyanu and Dayan ha'emet) when a man's wife dies after giving birth to a son.
2. The Rambam (ibid.) exemplifies this situation as follows: A person's fields were flooded, damaging his crops. Although the fact that his fields were watered will ultimately prove advantageous, he should recite Dayan ha'emet, since, immediately, he suffered a loss.
3. The Rishon LeTzion relates that the Rambam's choice of phraseology implies that even when one is certain that the opposite quality will ultimately become manifest, he should recite the blessing appropriate for the situation at present.
4. Rabbenu Asher maintains that even if one owns a field individually, if there are other Jews in the area who will benefit from the rain, he should recite hatov v’hameitiv.
5. Significantly, this blessing does not begin: "Blessed are You, God...."
6. One continues, reciting the text of the Nishmat prayer recited on Sabbath mornings.
7. The Bayit Chadash and the Ramah (Orach Chayim 221:1) state that it is not customary to recite this blessing in European countries. Since rain is plentiful there, people do not appreciate it as much. Nevertheless, should there be a drought in these countries, this blessing should be recited (Mishnah Berurah 221:2).
8. Ta'anit 6b, the source for this halachah, describes this situation metaphorically, "when the groom goes out to greet the bride." (See alsoBerachot 59b.)
9. The same holds true for other circumstances that are, simultaneously, of both a positive and undesirable nature. For example, Ramah (Orach Chayim 223:1) mentions the recitation of the two blessings (shehecheyanu and Dayan ha'emet) when a man's wife dies after giving birth to a son.
Berachot - Chapter Eleven
Halacha 1
All blessings begin with "Blessed [are You, God...]" and conclude with "Blessed [are You, God...]," with the exception of the blessing after the recitation of the Shema, blessings that come in succession to each other, the blessings over fruit and the like, the blessings over the fulfillment of the mitzvot, and the blessings that we have mentioned which are expressions of praise and thanks. The [latter blessings] include some that begin with "Blessed [are You, God...]" and do not conclude with "Blessed [are You, God...]" and others that conclude with "Blessed [are You, God...]" but do not begin with "Blessed [are You, God...]."
[There are certain exceptions to these rules,] for example, a small number of blessings over the mitzvot, such as the blessing recited [when reading from] a Torah scroll and [some of the blessings recited as an expression of praise and thanks;] for example, the blessing recited when one sees Jewish graves. The rest of the blessings over mitzvot begin with "Blessed [are You, God...]" and do not conclude [with "Blessed are You, God...].
Halacha 2
There are positive commandments that a person is obligated to make an effort to pursue [their fulfillment] until he performs them - for example, tefillin,sukkah, lulav, and shofar. These are referred to as obligations, since a person is obligated to fulfill them.
There are other mitzvot that are not obligations, but resemble voluntary activities - for example, [the mitzvot of] mezuzah and constructing a guardrail. A person is not obligated to dwell in a house that requires a mezuzah [just in order] to fulfill this mitzvah. Instead, if he desires, he can dwell in a tent or a ship for his entire life. Similarly, he does not have to build a house [just] in order to build a guardrail.
A blessing should be recited before fulfilling all positive commandments that are between man and God, whether they are mitzvot that are obligatory or are not obligatory.
Halacha 3
Similarly, with regard to all the Rabbinic mitzvot - both the mitzvot that the Rabbis established as obligations - e.g., reading the megillah, lighting Shabbat candles, and lighting Chanukah candles - and the mitzvot that are not obligations - e.g., an eruv or washing hands - one should recite a blessing before performing them, [praising God] "who has sanctified us with Your commandments and commanded us….”
Where has He commanded us [to fulfill these commandments]? In the Torah, which states [Deuteronomy 17:11]: "Act [according to the judgment] they relate to you." [Based on this Biblical verse, the blessing recited before fulfilling a Rabbinical commandment] can be interpreted as follows: Who has sanctified us with Your commandments and commanded us to listen to these [sages] who have commanded us to light Chanukah candles or read themegillah. The same applies regarding all Rabbinic commandments.
Halacha 4
Why do we not recite a blessing before washing our hands after [eating]? Because the Sages obligated us [to do] this only because of danger. Blessings are not recited over an [obligation that was instituted] because of danger.
To what can this be compared? To someone who strains drinking water at night because of the danger of leeches. [Surely,] he does not recite a blessing, [praising God,] "who commanded us to strain water." The same applies in all similar situations.
Halacha 5
[The following rules apply when] a person performs a mitzvah, but does not recite a blessing: If the fulfillment of the mitzvah still continues, he may recite the blessing even though he already performed it. If the mitzvah is a deed that is completed, he should not recite a blessing.
What is implied? When a person wrapped himself in tzitzit, donned tefillin, or sat in a sukkah without reciting a blessing at the outset, after wrapping himself [in tzitzit] he should recite the blessing "... who commanded us to wrap ourselves in tzitzit"; after donning [tefillin], he should recite the blessing "... who commanded us to put on tefillin"; after sitting [in the sukkah], he should recite the blessing "... who commanded us to sit in the sukkah." The same applies in all similar situations.
Halacha 6
In contrast, if a person slaughtered [an animal] without reciting a blessing, he should not recite the blessing "... who sanctified us with Your commandments and commanded us concerning slaughter," after the slaughter [is completed]. Similarly, if he covered [a fowl's] blood, separated terumah or the tithes, or immersed himself without reciting a blessing beforehand, he should not recite a blessing afterwards. The same applies in all similar situations.
Halacha 7
There is no mitzvah for which the blessing should be recited after its fulfillment, with the exception of the immersion of a convert. [In this instance, the exception was made] because he could not say, "who sanctified us with Your commandments and commanded us." Until [the convert] immersed himself, he was neither sanctified nor commanded. Therefore, he recites the blessing over the immersion [only] after immersing himself. [This is allowed] since at the outset, he was unfit and unable to recite the blessing.
Halacha 8
Whenever the performance of a mitzvah constitutes the completion of one's obligation, he should recite the blessing before performing it. When, however, there is another commandment that follows the performance of a particular mitzvah, the blessing should not be recited until the other mitzvah is performed.
What is implied? When a person makes a sukkah, a lulav, a shofar, tzitzit,tefillin, or a mezuzah, he should not recite a blessing at the time he made [them]: [praising God for] "sanctifying us with Your commandments and commanding us to make a sukkah" or "a lulav," or "to write tefillin," because there is another commandment that follows this action.
When is the blessing recited? When one sits in the sukkah, shakes the lulav, hears the sounding of the shofar, wraps oneself in tzitzit, dons tefillin, or affixes the mezuzah. In contrast, when one constructs a guardrail, before constructing it one should recite the blessing "...who has sanctified us with Your commandments and commanded us to construct a guardrail." The same applies in all similar situations.
Halacha 9
The blessing shehecheyanu is recited:
[before] fulfilling every mitzvah that we are obligated to fulfill only at a specific time - e.g., shofar, sukkah, lulav, reading the Megillah, and [lighting] Chanukah candles,
[before fulfilling] every mitzvah that involves the acquisition of property - e.g.,tzitzit, tefillin, and a guardrail - and
[before fulfilling] every mitzvah that we are obligated to fulfill infrequently - for this resembles a mitzvah we are obligated to fulfill only at a specific time - e.g., circumcising one's son and redeeming him.
[before] fulfilling every mitzvah that we are obligated to fulfill only at a specific time - e.g., shofar, sukkah, lulav, reading the Megillah, and [lighting] Chanukah candles,
[before fulfilling] every mitzvah that involves the acquisition of property - e.g.,tzitzit, tefillin, and a guardrail - and
[before fulfilling] every mitzvah that we are obligated to fulfill infrequently - for this resembles a mitzvah we are obligated to fulfill only at a specific time - e.g., circumcising one's son and redeeming him.
If one did not recite the blessing shehecheyanu when making a sukkah or alulav, one should recite this blessing when fulfilling the mitzvah. The same applies in other similar situations.
Halacha 10
Whether a person performs a mitzvah for himself or for a colleague, before performing the mitzvah, he should recite the blessing "... who has sanctified us with Your commandments and commanded us...." He should, however, recite the blessingshehecheyanu only on mitzvot that he is performing for himself.
If a person is [intending to] fulfill several mitzvot, he should not recite the blessing "... who has sanctified us with Your commandments and commanded us to fulfill the mitzvot ---." Instead, he should recite a blessing over each mitzvah individually.
Halacha 11
Whoever performs a mitzvah for his own sake, whether it is an obligation incumbent upon him or not, should recite a blessing, [praising God "who sanctified us with Your commandments and commanded us] to perform ----." In contrast, if he performs a mitzvah on behalf of another person, the form of the blessing is ["who sanctified us... and commanded us] concerning the performance of ----."
Halacha 12
What is implied? Before donning tefillin, one recites the blessing "... to put ontefillin"; before wrapping oneself in tzitzit, one recites the blessing "... to wrap..."; before sitting in the sukkah, one recites the blessing "...to sit in thesukkah." Similarly, one recites the blessings "... to kindle the Sabbath light," and "... to complete the Hallel."
Similarly, if one affixes a mezuzah on one's own house, one should recite the blessing "... to affix a mezuzah"; if one erects a guardrail on one's roof, one should recite the blessing "... to erect a guardrail." Should one separateterumah for oneself, one should recite the blessing "... to separate [terumah]." Should one circumcise one's own son, one should recite the blessing "... to circumcise [one's] son." Should one slaughter one's Paschal sacrifice or festive sacrifice, one recites the blessing "... to slaughter...."
Halacha 13
If, however, one affixes a mezuzah for others, one should recite the blessing "... concerning the affixing of a mezuzah." Should one construct a guardrail for others, one should recite the blessing "... concerning the building of a guardrail." Should one separate terumah for others, one should recite the blessing "... concerning the separation of terumah. Should one circumcise a colleague's son, one should recite the blessing "... concerning the circumcision." The same applies in all similar situations.
Halacha 14
[The following rules apply] when a person performs a mitzvah on his own behalf and on behalf of others simultaneously. If the mitzvah is not obligatory in nature, he should use the form "... concerning..." for the blessing. Therefore, one recites the blessing "... concerning the mitzvah of eruv."
If the mitzvah is obligatory and he had the intent of fulfilling his own obligation and that of the others, he should use the form "... to..." for the blessing. Therefore, one recites the blessing "... to hear the sound of the shofar."
Halacha 15
When one takes the lulav, one should recite the blessing "... concerning the taking of the lulav." [This form is used] because a person fulfills his obligation when he picks [the lulav] up. If one recites the blessing before taking the lulav, one should recite the blessing "... to take the lulav," as one recites the blessing "... to sit in the sukkah." From this, one derives the principle that a person who recites a blessing after performing [a mitzvah] blesses "... concerning..." [the mitzvah's] performance.
With regard to the washing of hands and ritual slaughter, since they are of a voluntary nature, even if a person slaughters on his own behalf, he should recite the blessings "... concerning slaughter," "... concerning the covering of the blood," and "... concerning the washing of hands."
Similarly, one recites the blessing "... concerning the destruction of chametz," whether one searches for leaven on one's own behalf or on behalf of others. [This form is used] because once a person resolves in his heart to nullify his ownership [over chametz], the mitzvah of destroying it is fulfilled even before one searches, as will be explained in its place.
Halacha 16
[A blessing is not recited over] all practices that are customs. [This applies] even to a custom established by the prophets - for example, taking the willow branches on the seventh day of Sukkot. Needless to say, a blessing is not recited over customs established by the Sages - e.g., reading Hallel on Rosh Chodesh and on the intermediate days of Pesach.
Similarly whenever there is a question whether a practice requires a blessing or not, it should be performed without reciting a blessing.
A person should always take care not to recite blessings that are not necessary, and should recite many blessings that are required. Thus, David declared [Psalms 145:2]: "I will bless you each day."
Commentary Halacha
All blessings begin with "Blessed [are You, God...]" - "our Lord and King of the universe..."
and conclude with "Blessed [are You, God...]" with the exception of the blessing after the recitation of the Shema - Although the Shemainterposes between this blessing and the blessings that precede it, they are still considered as blessings that come in succession to each other. This same rule applies to other blessings, e.g., the blessings Yishtabachand Baruch she'amar and the blessings before and after Hallel.
blessings that come in succession to each other - In this instance, the phrase "Blessed..." which begins the first blessing in the succession, applies to the blessings that follow as well.
the blessings over fruit - See Chapters 8 and 9.
and the like - See Hilchot Tefilah, Chapter 7. The blessings mentioned there are equivalent to the blessings recited over fruit.
the blessings over the fulfillment of the mitzvot - These blessings are discussed in this chapter.
and the blessings that we have mentioned which are expressions of praise and thanks. - The blessings mentioned in the previous chapter.
The [latter blessings] include some that begin with "Blessed [are You, God...]" and do not conclude with "Blessed [are You, God...]" -Indeed, most of the blessings mentioned in the previous chapter are structured in this manner.
and others that conclude with "Blessed [are You, God...]" but do not begin with "Blessed [are You, God...]." - e.g., the blessing on rain mentioned in Halachah 5.
[There are certain exceptions - The bracketed additions are based on the commentary of the Kessef Mishneh.
to these rules,] - i.e., blessings from these categories that both begin and concluded with "Blessed are You...."
for example, a small number of blessings over the mitzvot, such as the blessing recited [when reading from] a Torah scroll - See Hilchot Tefillah 12:5. Other examples are the blessings over the haftarah and the blessing over consecrating a wife.
and [some of the blessings recited as an expression of praise and thanks;] for example, the blessing recited when one sees Jewish graves. - See Chapter 10, Halachah 10. Other examples are Kiddush,Havdalah, and the blessing sanctifying the new moon.
The rest of the blessings over mitzvot begin with "Blessed [are You, God...]" and do not conclude [with "Blessed are You, God...]."
1. Tefillin represent a mitzvah that we are required to fulfill each day, while sukkah, lulav, and shofar are fulfilled only on the holidays with which they are associated. By mentioning both these types of obligations, the Rambam expresses his point more clearly. It is, nevertheless, worthy of question why the Rambam lists the mitzvot of sukkah, lulav, andshofar in this order. In Hilchot Shofar V'Sukkah V'Lulav, he discusses them in a different order.
2. See Hilchot mezuzah 6:1. The Rambam lists ten qualifications a house must have to require a mezuzah. A person may choose to live in a house that does not fulfill all these requirements.
3. The Jerusalem Talmud (Berachot 6:1) derives the obligation to recite a blessing before fulfilling mitzvot as follows: Exodus 24:12 establishes an equation between Torah study and the mitzvot. Therefore, since blessings are recited before Torah study (see Hilchot Tefillah 7:10), a blessing should also be recited before fulfilling a mitzvah. It must, however, be emphasized that this is an asmachtah and the obligation to recite these blessings originates in Rabbinic law and not in the Torah itself.
4. According to the Rambam, there is one exception to this principle: the ritual immersion of a convert, as explained in Halachah 7. Although other authorities maintain that the blessing before washing hands should be recited after washing and not beforehand, as mentioned in Chapter 6, Halachah 2, the Rambam does not agree, and requires that this blessing also be recited before fulfilling the mitzvah.
5. The Rambam's statements imply that a blessing should not be recited before fulfilling any of the mitzvot between man and man. The Rabbis have given several explanations why blessings are not recited before fulfilling such commandments:
a) A blessing is recited only when a person can fulfill a mitzvah on his own, without requiring the assistance of another person. Many of the mitzvot between man and man require a recipient - e.g., charity cannot be given without a poor man being willing to receive it, a lost object cannot be returned unless its owner accepts it (Rashba, Vol. I, Responsum 18).
b) Many of the mitzvot between man and man (e.g., visiting the sick, comforting mourners, giving charity) were instituted because of undesirable circumstances. Hence, it is not appropriate that a blessing be recited in connection with them (Rav David Avudraham).
1. Tefillin represent a mitzvah that we are required to fulfill each day, while sukkah, lulav, and shofar are fulfilled only on the holidays with which they are associated. By mentioning both these types of obligations, the Rambam expresses his point more clearly. It is, nevertheless, worthy of question why the Rambam lists the mitzvot of sukkah, lulav, andshofar in this order. In Hilchot Shofar V'Sukkah V'Lulav, he discusses them in a different order.
2. See Hilchot mezuzah 6:1. The Rambam lists ten qualifications a house must have to require a mezuzah. A person may choose to live in a house that does not fulfill all these requirements.
3. The Jerusalem Talmud (Berachot 6:1) derives the obligation to recite a blessing before fulfilling mitzvot as follows: Exodus 24:12 establishes an equation between Torah study and the mitzvot. Therefore, since blessings are recited before Torah study (see Hilchot Tefillah 7:10), a blessing should also be recited before fulfilling a mitzvah. It must, however, be emphasized that this is an asmachtah and the obligation to recite these blessings originates in Rabbinic law and not in the Torah itself.
4. According to the Rambam, there is one exception to this principle: the ritual immersion of a convert, as explained in Halachah 7. Although other authorities maintain that the blessing before washing hands should be recited after washing and not beforehand, as mentioned in Chapter 6, Halachah 2, the Rambam does not agree, and requires that this blessing also be recited before fulfilling the mitzvah.
5. The Rambam's statements imply that a blessing should not be recited before fulfilling any of the mitzvot between man and man. The Rabbis have given several explanations why blessings are not recited before fulfilling such commandments:
a) A blessing is recited only when a person can fulfill a mitzvah on his own, without requiring the assistance of another person. Many of the mitzvot between man and man require a recipient - e.g., charity cannot be given without a poor man being willing to receive it, a lost object cannot be returned unless its owner accepts it (Rashba, Vol. I, Responsum 18).
b) Many of the mitzvot between man and man (e.g., visiting the sick, comforting mourners, giving charity) were instituted because of undesirable circumstances. Hence, it is not appropriate that a blessing be recited in connection with them (Rav David Avudraham).
[Although as stated in the previous chapter, a person is obligated to recite a blessing when undesirable events occur to him, it is not appropriate to do so when such events happen to a colleague. Should a person do so, he would appear to be rejoicing in his colleague's misfortune.]
c) The gentiles are also obligated to give charity and establish a stable society. Hence, they fulfill many of the positive commandments. Thus, the blessing recited before fulfilling a mitzvah, praising God for sanctifying - i.e., differentiating - "us with Your commandments" is inappropriate (Torah Temimah).
6. I.e., mitzvot that we are required to fulfill at a specific time.
7. I.e., mitzvot that have a voluntary dimension; thus, if one desires to carry within a carmelit on the Sabbath, one must establish an eruv; if one desires to eat bread, one must wash one's hands.
8. There are several types of eruvim, as the Rambam explains in Hilchot Eruvin. All are included in the same blessing.
9. There is a slight difficulty with the Rambam's statements. Although washing hands before eating has a voluntary aspect, as explained above, we are required to wash before prayer each morning. (See Chapter 6, Halachah 2.)
10. The Rambam's question is: Since these commandments were instituted by the Sages, how can we say that God commanded us to fulfill them?
11. The Rambam's statements are based on Shabbat 23a, except that he quotes a different portion of the proof-text mentioned by the Talmud in order to emphasize the positive nature of the Biblical commandment (Kessef Mishneh). Compare also to Chapter 6, Halachah 2, where he quotes another portion of the verse.
6. I.e., mitzvot that we are required to fulfill at a specific time.
7. I.e., mitzvot that have a voluntary dimension; thus, if one desires to carry within a carmelit on the Sabbath, one must establish an eruv; if one desires to eat bread, one must wash one's hands.
8. There are several types of eruvim, as the Rambam explains in Hilchot Eruvin. All are included in the same blessing.
9. There is a slight difficulty with the Rambam's statements. Although washing hands before eating has a voluntary aspect, as explained above, we are required to wash before prayer each morning. (See Chapter 6, Halachah 2.)
10. The Rambam's question is: Since these commandments were instituted by the Sages, how can we say that God commanded us to fulfill them?
11. The Rambam's statements are based on Shabbat 23a, except that he quotes a different portion of the proof-text mentioned by the Talmud in order to emphasize the positive nature of the Biblical commandment (Kessef Mishneh). Compare also to Chapter 6, Halachah 2, where he quotes another portion of the verse.
(Note the Ramban's objection to the Rambam's definition of Rabbinic commandments and the Kiryat Sefer's resolution of the difficulty in the fifth chapter of his introduction to the Mishneh Torah.)
12. See Chapter 6, Halachot 2-3, which explain that the obligation to wash after eating was instituted lest a person use Sodomite salt and, after eating, inadvertently pass his hands over his eyes and blind himself. Note also the objection of the Ra'avad to the Rambam's statements in Halachah 2 of that chapter.
13. There is a slight difficulty with the Rambam's statements. In Halachot 9 and 12, the Rambam states that a blessing is recited when one fulfills the mitzvah of constructing a guardrail. On the surface, the purpose of that mitzvah is to prevent danger. This question can, however, be resolved on the basis of Hilchot Tefillah 9:7, which states:
13. There is a slight difficulty with the Rambam's statements. In Halachot 9 and 12, the Rambam states that a blessing is recited when one fulfills the mitzvah of constructing a guardrail. On the surface, the purpose of that mitzvah is to prevent danger. This question can, however, be resolved on the basis of Hilchot Tefillah 9:7, which states:
One who says... "May He who showed mercy on a bird's nest... show mercy on us"... should be silenced, because these mitzvot are God's decrees and are not [expressions of] mercy.
Although the obvious reason for the mitzvah of chasing away the mother bird is to show mercy (and the Rambam himself gives such an explanation in the Guide to the Perplexed, Vol. III, Chapter 38), that mitzvah - and every mitzvah - is ultimately a Divine decree that surpasses human intellect. Any rationale we provide is limited and cannot define the mitzvah in a complete manner.
The same applies in the present instance. Although the obvious reason for constructing a guardrail is to prevent a dangerous situation from arising, this nevertheless represents only man's conception of the mitzvah. God's purpose is beyond our comprehension. Therefore, a Rabbinic ordinance like washing after the meal can be considered as having been established because of danger, and, for that reason, a blessing is not recited in connection with its performance. In contrast, with regard to a commandment from the Torah itself, there is no way that we can define the ultimate purpose for its performance and consider it as having been granted us only to avoid danger (Kinat Eliyahu). [See alsoLikkutei Sichot, Vol. IX. Note also that although the Rambam and theShe'iltot of Rav Achai Gaon mention reciting a blessing over the construction of a guardrail, the Shulchan Aruch (Choshen Mishpat, Chapter 427) does not mention this blessing.]
14. To explain this concept, using one of the examples cited by the Rambam: When one puts on tefillin, one's fulfillment of the mitzvah continues throughout the entire time one is wearing them. Therefore, although one should recite the blessing before putting them on, if one did not, it is still proper to do so afterwards, because one is still fulfilling the mitzvah.
15. The Rambam gives examples of this concept in the following halachah.
16. Since the mitzvah is already completed, there is no further cause to recite the blessing. On the contrary, according to the Rambam, doing so would be a recitation of the blessing in vain. (See Hilchot Ishut 3:23.)
17. See note 17 in the commentary on the following halachah.
18. As he mentions in the previous halachah, the Rambam maintains that this exception applies only regarding the immersion of a convert. Other individuals - e.g., a woman immersing herself to emerge from the niddahstate or, in the times of the Temple, a person immersing himself to emerge from other states of impurity - should recite a blessing before immersing. (As the Rambam states in Hilchot Tefillah 4:4, there is no difficulty in a person who is ritually impure reciting prayers.)
15. The Rambam gives examples of this concept in the following halachah.
16. Since the mitzvah is already completed, there is no further cause to recite the blessing. On the contrary, according to the Rambam, doing so would be a recitation of the blessing in vain. (See Hilchot Ishut 3:23.)
17. See note 17 in the commentary on the following halachah.
18. As he mentions in the previous halachah, the Rambam maintains that this exception applies only regarding the immersion of a convert. Other individuals - e.g., a woman immersing herself to emerge from the niddahstate or, in the times of the Temple, a person immersing himself to emerge from other states of impurity - should recite a blessing before immersing. (As the Rambam states in Hilchot Tefillah 4:4, there is no difficulty in a person who is ritually impure reciting prayers.)
Tosafot, Berachot 51a, differ, maintaining that since an exception is made regarding the immersion of a convert, the Sages did not differentiate and required that the blessings for all immersions be recited afterwards. The Rambam's opinion is quoted by the Shulchan Aruch (Yoreh De'ah 200:1), while the Ramah follows Tosafot's view. (See also the commentary on Chapter 6, Halachah 2, which discusses whether the blessing for washing hands should be recited before washing or afterwards.)
19. Therefore, in this instance, at the outset, the Sages instituted the obligation to recite a blessing after immersion.
20. The Rambam's phraseology is somewhat problematic, for it implies that there is a separate mitzvah in making a sukkah or a lulav. His intent, however, is clear. When a mitzvah has two phases - the preparations for performing it and its actual performance - the blessing is recited only before the latter.
21. The commentaries have questioned the Rambam's intention in using the phrase "making a lulav." What has to be made? According to the Rambam (Hilchot Lulav 7:6), we are not required to bind the three species of the lulav together. This question can be resolved, however, because according to Rabbinical decree, it is desirable that the species be bound together (Rav Kapach).
22. Note the Chatam Sofer (Orach Chayim, Responsum 52), who states that whenever the fulfillment of a mitzvah takes a long time, one should recite the blessing before one completes the last phase. Thus, with regard to the construction of a guardrail, one should recite the blessing before constructing the last portion of the divider. (See also Halachah 4, note 13.)
23. In one of his responsa, the Rambam explains that just as we recite the blessing shehecheyanu over the acquisition of new clothing (Chapter 10, Halachah 1), we recite this blessing over the acquisition of new mitzvot.
24. According to Ashkenazic custom, the blessing shehecheyanu is not recited over circumcision. See Hilchot Milah 3:3 and commentary.
25. The Rambam's phraseology appears to indicate that it is proper to recite the blessing shehecheyanu when making the sukkah. The common practice, however, in both the Sephardic and Ashkenazic communities, is to recite the blessing when fulfilling the mitzvah. One should, however, also have in mind the construction of the sukkah.
26. For example, he affixes a mezuzah for a colleague.
27. One may, however, recite shehecheyanu for another individual with the intent that the other person answer Amen, and thus fulfill his requirement for reciting the blessing even when one has already recited the blessing oneself. (See Kessef Mishneh.)
28. See Sukkah 46a.
29. For example, mitzvot such as tefillin, shofar, or sukkah.
30. For example, mitzvot such as mezuzah or constructing a guardrail. The fulfillment of these mitzvot is not an absolute obligation, since, as the Rambam stated previously, one may dwell in a house that does not require a mezuzah or a guardrail. Nevertheless, once one builds such a house, there is an obligatory aspect to their performance. Hence, it is appropriate to say, "who has... commanded us to affix a mezuzah," and the like. Note the contrast to the "voluntary" mitzvot mentioned in Halachah 15.
31. Since the person is not performing the mitzvah on his own behalf, it is not appropriate that he praise God for commanding us to perform a specific activity. Therefore, he should use the form "... concerning the mitzvah of...."
20. The Rambam's phraseology is somewhat problematic, for it implies that there is a separate mitzvah in making a sukkah or a lulav. His intent, however, is clear. When a mitzvah has two phases - the preparations for performing it and its actual performance - the blessing is recited only before the latter.
21. The commentaries have questioned the Rambam's intention in using the phrase "making a lulav." What has to be made? According to the Rambam (Hilchot Lulav 7:6), we are not required to bind the three species of the lulav together. This question can be resolved, however, because according to Rabbinical decree, it is desirable that the species be bound together (Rav Kapach).
22. Note the Chatam Sofer (Orach Chayim, Responsum 52), who states that whenever the fulfillment of a mitzvah takes a long time, one should recite the blessing before one completes the last phase. Thus, with regard to the construction of a guardrail, one should recite the blessing before constructing the last portion of the divider. (See also Halachah 4, note 13.)
23. In one of his responsa, the Rambam explains that just as we recite the blessing shehecheyanu over the acquisition of new clothing (Chapter 10, Halachah 1), we recite this blessing over the acquisition of new mitzvot.
24. According to Ashkenazic custom, the blessing shehecheyanu is not recited over circumcision. See Hilchot Milah 3:3 and commentary.
25. The Rambam's phraseology appears to indicate that it is proper to recite the blessing shehecheyanu when making the sukkah. The common practice, however, in both the Sephardic and Ashkenazic communities, is to recite the blessing when fulfilling the mitzvah. One should, however, also have in mind the construction of the sukkah.
26. For example, he affixes a mezuzah for a colleague.
27. One may, however, recite shehecheyanu for another individual with the intent that the other person answer Amen, and thus fulfill his requirement for reciting the blessing even when one has already recited the blessing oneself. (See Kessef Mishneh.)
28. See Sukkah 46a.
29. For example, mitzvot such as tefillin, shofar, or sukkah.
30. For example, mitzvot such as mezuzah or constructing a guardrail. The fulfillment of these mitzvot is not an absolute obligation, since, as the Rambam stated previously, one may dwell in a house that does not require a mezuzah or a guardrail. Nevertheless, once one builds such a house, there is an obligatory aspect to their performance. Hence, it is appropriate to say, "who has... commanded us to affix a mezuzah," and the like. Note the contrast to the "voluntary" mitzvot mentioned in Halachah 15.
31. Since the person is not performing the mitzvah on his own behalf, it is not appropriate that he praise God for commanding us to perform a specific activity. Therefore, he should use the form "... concerning the mitzvah of...."
The general principles stated by the Rambam in this halachah (and illustrated in the four succeeding halachot) are as a whole reflected in the text of the blessings we recite. Nevertheless, with regard to this last point, most other authorities prefer that there be a uniform text for all blessings, whether we perform them on our own behalf or on behalf of others.
Also, there are certain particular blessings that some commentaries have cited as exceptions to these rules. There are, however, other commentaries who have explained these. For example, before eatingmatzah (and similarly, with regard to other mitzvot that involve partaking of certain foods), we recite the blessing "... concerning the eating ofmatzah," and not "...to eat matzah." This is because the activity of eating itself is not what God has commanded - indeed, man performs this function on his own accord - what is holy is the object that the person eats. By placing the emphasis on "the eating of" a particular food, we focus our attention on the food and not its actual consumption (Or Sameach).
Commentary Halacha
What is implied? Before donning tefillin - a mitzvah that we are obligated to fulfill each day
one recites the blessing "... to put on tefillin" - This is the blessing recited over the arm tefillin, and over both the arm and head tefillin when one does not speak between putting them on. Should one speak, one should recite the blessing "... concerning the mitzvah of tefillin" before putting the head tefillin on (Hilchot Tefillin 4:6).
The latter statement is problematic for the Rambam: Since the blessing is recited before putting on the head tefillin, it should use the form "... and commanded us to..." rather than "... and commanded us concerning the mitzvah of...."
before wrapping oneself in tzitzit - A mitzvah that, as mentioned in the previous halachah, has a non-obligatory nature. The Torah does not obligate us to wear tzitzit each day. (See Hilchot Tzitzit 3:11.) Nevertheless, a person who wears a garment requiring tzitzit is obligated to fulfill the mitzvah each day.
one recites the blessing "... to wrap..." - This blessing is recited before putting on the tallit gadol. As mentioned in the commentary on Hilchot Tzitzit, the Rambam does not mention the custom of wearing a tallit katanat all. It is our custom to recite the blessing "... concerning the mitzvah oftzitzit" for such a garment. It is possible to explain that the form "... concerning..." is used because, generally, we have touched unclean portions of our body before putting on the tallit katan. Hence, the blessing cannot be recited before donning the garment. Accordingly, the form "...concerning the mitzvah..." is more appropriate, as stated in Halachah 15.
before sitting in the sukkah - a mitzvah that is obligatory in nature, but which can be performed only during a certain time of the year.
one recites the blessing "...to sit in the sukkah." - It is our custom to recite this blessing even if one began sitting in the sukkah without reciting the blessing, and recited the blessing afterwards. From Halachah 15, however, it does not appear that the Rambam would accept this practice.
Similarly, one recites the blessings - The Rambam mentions Shabbat candles and Hallel specifically because these are Rabbinic mitzvot.
"... to kindle the Sabbath light," and "... to complete the Hallel." -This is the Sephardic custom. Today, in Ashkenazic communities, the text of the blessing is "... to read the Hallel."
Similarly, if one affixes a mezuzah on one's own house - The Rambam mentions the mitzvot of mezuzah and a guardrail for two reasons: First, as explained in the commentary on the previous halachah, there is a non-obligatory aspect to these mitzvot. Second, as explained in the following halachah, there is a difference whether one performs these mitzvot by oneself or whether one performs them on behalf of another person.
one should recite the blessing "... to affix a mezuzah"; if one erects a guardrail on one's roof, one should recite the blessing "...to erect a guardrail." - See Halachah 4, Note 13.
Should one separate terumah for oneself, one should recite the blessing "... to separate [terumah]." - The Yemenite manuscripts of theMishneh Torah also mention the separation of tithes in this context.
Should one circumcise one's own son, one should recite the blessing "... to circumcise [one's] son." - Although the Shulchan Aruch(Yoreh De'ah 265:2) mentions the Rambam's opinion, the Ramah states that it is customary to recite the blessing "... concerning the circumcision," at all times.
Should one slaughter one's Paschal sacrifice or festive sacrifice, one recites the blessing "... to slaughter...." - The Rambam mentions these mitzvot to contrast them with the following halachah, which describes their performance on behalf of another person. It would appear that the Rambam is making the point that one should use the form "... to..." when performing the mitzvah oneself even when, in general, it is more likely that the mitzvah be performed by an agent (Kin’at Eliyahu).
32. The Shulchan Aruch (Yoreh De'ah 289:1) and other authorities mention the recitation of only the blessing "to affix a mezuzah."
33. Even if he would perform such a mitzvah only on his own behalf, he would use this form, as explained in the following halachah.
34. See Halachah 3.
35. In this instance as well, were he to perform the mitzvah only for himself, he would use this form.
36. As mentioned in Halachot 5 and 6, once a mitzvah has been fulfilled, it is no longer proper to recite a blessing. The mitzvah of lulav, however, represents an exception to the rules stated there. Unlike tefillin orsukkah, the mitzvah of lulav does not continue for the entire time one holds it. Instead, as the Rambam states, as soon as one picks it up, one fulfills the obligation as required by the Scriptural Law (mid'oraita). Nevertheless, it is still permissible to recite a blessing, because the Sages ordained that the mitzvah be fulfilled by carrying out the nanu'im(shakings) of the lulav in the Hallel prayers.
33. Even if he would perform such a mitzvah only on his own behalf, he would use this form, as explained in the following halachah.
34. See Halachah 3.
35. In this instance as well, were he to perform the mitzvah only for himself, he would use this form.
36. As mentioned in Halachot 5 and 6, once a mitzvah has been fulfilled, it is no longer proper to recite a blessing. The mitzvah of lulav, however, represents an exception to the rules stated there. Unlike tefillin orsukkah, the mitzvah of lulav does not continue for the entire time one holds it. Instead, as the Rambam states, as soon as one picks it up, one fulfills the obligation as required by the Scriptural Law (mid'oraita). Nevertheless, it is still permissible to recite a blessing, because the Sages ordained that the mitzvah be fulfilled by carrying out the nanu'im(shakings) of the lulav in the Hallel prayers.
Since this dimension of the mitzvah remains, one may still recite a blessing. Nevertheless, since mid'oraita one has fulfilled one's obligation, it is not proper to use the form "... to...," which implies an activity to be fulfilled in the future (Tosafot, Pesachim 7b).
The Shulchan Aruch (Orach Chayim 651:5) relates that the blessing "... concerning the mitzvah of lulav" should be recited even when one recites the blessing before picking up the lulav.
38. This refers to an instance when the fulfillment of a mitzvah continues beyond the first moment, and one did not recite the blessing at the outset, as explained in Halachah 4. According to the Rambam, one should change the form of the blessings in such an instance. The Ra'avad objects to the Rambam's decision, explaining that we should not change the form of the blessings. It is the Ra'avad's view that is accepted in practice at present.
39. There is a distinction between these mitzvot and those mitzvot mentioned in Halachot 11 and 12 that were described as not being obligatory in nature. One is not obligated to live in a house that requires amezuzah. Nevertheless, should one dwell in such a house, one is obligated to fulfill the mitzvah. In contrast, there is never any obligation to carry out the activities which require one to fulfill the mitzvot described in this halachah.
40. See also Halachah 3.
41. The Rambam states in Hilchot Chametz UMatzah 2:1-2:
38. This refers to an instance when the fulfillment of a mitzvah continues beyond the first moment, and one did not recite the blessing at the outset, as explained in Halachah 4. According to the Rambam, one should change the form of the blessings in such an instance. The Ra'avad objects to the Rambam's decision, explaining that we should not change the form of the blessings. It is the Ra'avad's view that is accepted in practice at present.
39. There is a distinction between these mitzvot and those mitzvot mentioned in Halachot 11 and 12 that were described as not being obligatory in nature. One is not obligated to live in a house that requires amezuzah. Nevertheless, should one dwell in such a house, one is obligated to fulfill the mitzvah. In contrast, there is never any obligation to carry out the activities which require one to fulfill the mitzvot described in this halachah.
40. See also Halachah 3.
41. The Rambam states in Hilchot Chametz UMatzah 2:1-2:
It is a positive mitzvah from the Torah to destroy chametz.... What is the destruction to which the Torah refers? To nullify chametz within one's heart and to consider it as dust, and to resolve within one's heart that he possesses no chametz at all.
Nevertheless, since the Sages required one to search for chametzthroughout one's house (see Hilchot Chametz UMatzah 2:3), the mitzvah is not completely fulfilled until the search is completed. Therefore, a blessing may be recited.
43. Hilchot Lulav 7:20-22 relates that while the Temple was standing, willow branches were placed near the altar on each of the seven days of the Sukkot festival, with the exception of the Sabbath. At present, to commemorate that practice, it is customary to take willow branches on the seventh day of the holiday and hit them five times against the ground.
44. In contrast to the recitation of Hallel on the festivals, which the Rambam (Hilchot Chanukah 3:6) considers a mitzvah instituted by the Sages, the recitation of Hallel on Rosh Chodesh was not uniformly accepted among the Jewish community in Talmudic times. Thus, Ta'anit28b relates that the great Sage Rav was not accustomed to recitingHallel on Rosh Chodesh. Rather, it is a custom that was practiced in Babylon for years, and ultimately became universally accepted. Therefore, certain portions are not recited and a blessing is not recited.
43. Hilchot Lulav 7:20-22 relates that while the Temple was standing, willow branches were placed near the altar on each of the seven days of the Sukkot festival, with the exception of the Sabbath. At present, to commemorate that practice, it is customary to take willow branches on the seventh day of the holiday and hit them five times against the ground.
44. In contrast to the recitation of Hallel on the festivals, which the Rambam (Hilchot Chanukah 3:6) considers a mitzvah instituted by the Sages, the recitation of Hallel on Rosh Chodesh was not uniformly accepted among the Jewish community in Talmudic times. Thus, Ta'anit28b relates that the great Sage Rav was not accustomed to recitingHallel on Rosh Chodesh. Rather, it is a custom that was practiced in Babylon for years, and ultimately became universally accepted. Therefore, certain portions are not recited and a blessing is not recited.
The Ra'avad and Tosafot, Ta'anit (ibid.) differ and maintain that, in contrast to taking the willow, which is not an involved practice, the recitation of Hallel is worthy of a blessing. The Shulchan Aruch (Orach Chayim 422:2) quotes the Rambam's opinion and states that it is the accepted practice in Eretz Yisrael. In contrast, the Ramah follows the other view.
45. Since there was no special sacrifice ordained for each of the latter days of Pesach individually, but rather the same sacrifices were offered throughout the festival, the full Hallel is not recited. The same laws that govern the recitation of Hallel on Rosh Chodesh apply.46. The Kessef Mishneh and other commentaries give several examples of such practices:
a) Separating tithes from produce that is classified as d'mai (produce sold by an unlearned person). The Sages required this separation as a safeguard, because they were unsure whether the unlearned person had separated the tithes or not. Although the tithes should be separated because of this doubt, since it is possible that they had been separated previously, a blessing should not be recited.
b) Covering the blood of a kvi. The Sages were unsure whether such an animal should be classified as a behemah, whose blood should not be covered, or as a chayah, whose blood must be covered. Because of the doubt, we cover the animal's blood. We do not, however, recite a blessing (see Hilchot Shechitah 14:4).
c) Dwelling in the sukkah on Shemini Atzeret. Although it is customary to dwell in the sukkah on this day in the diaspora, in deference to the possibility that Sukkot actually began on the second day, a blessing is not recited. (See Hilchot Sukkah 6:13.)
47. The blessing is not recited lest the deed one performs not be necessary, and thus the blessing one recites would be considered as taking God's name in vain.
Note the question of the Kessef Mishneh concerning the Rambam's decision (Hilchot Kri'at Shema13 2:13) that a person who is unsure whether he recited the Shema should recite its blessings as well.
48. Sukkah 46a quotes a similar verse and comments, "Each day, respond to Him in a manner that reflects His blessings."
48. Sukkah 46a quotes a similar verse and comments, "Each day, respond to Him in a manner that reflects His blessings."
The Rambam appears to be implying that a person should be continuously aware of the kindness God is granting him and respond by blessing Him.
Milah - Chapter One
HILCHOT MILAH
THE LAWS OF CIRCUMCISION
It contains one positive mitzvah:THE LAWS OF CIRCUMCISION
To circumcise males on the eighth day.
This mitzvah is explained in the following chapters.
Halacha 1
Circumcision is a positive mitzvah [whose lack of fulfillment] is punishable bykaret, as [Genesis 17:14] states: "And an uncircumcised male who does not circumcise his foreskin - this soul will be cut off from his people."
A father is commanded to circumcise his son, and a master, his slaves. This applies both to those who are born in his home and to those purchased by him. If the father or the master transgressed and did not circumcise them, he negated the fulfillment of a positive commandment. He is not, however, punished by karet, for karet is incurred only by the uncircumcised person himself. The court is obligated to circumcise that son or slave at the proper time and should not leave an uncircumcised male among the Jewish people or their slaves.
Halacha 2
We may not circumcise a person's son without his knowledge, unless he has transgressed and did not circumcise him. [In such an instance,] the court must circumcise [the child] against [the father's] will.
If the matter does not become known to the court and they do not circumcise him, when [the child] reaches bar mitzvah, he is obligated to circumcise himself. With each and every day that passes after he has reached bar mitzvah, he negates a positive commandment. He is not, however, liable forkaret until he dies uncircumcised, having intentionally [failed to perform the mitzvah].
Halacha 3
A master is obligated to circumcise both a slave who was born as the property of a Jewish owner and a slave purchased from the gentiles. [There is, however, a difference between the two.] A home-born slave should be circumcised on the eighth day [of his life]. In contrast, a slave who is purchased should be circumcised on the day he was purchased. If he was purchased on the day he was born, he should be circumcised on that day.
Halacha 4
There are, however, slaves that are purchased who should be circumcised on the eighth day [of their lives], and home-born slaves who should be circumcised on the day they are born.
What is implied? Should one purchase a maidservant and purchase [the rights to] her fetus [separately], when she gives birth, the baby should be circumcised on the eighth day. Although the fetus itself was purchased separately, since [the master] purchased his mother before the child was born, he should be circumcised on his eighth day.
Halacha 5
If a person purchased a maidservant for her offspring, or purchased a maidservant with the intent of not immersing her as a slave, even though her offspring is born in his domain, the child should be circumcised on the day he was born.
[This ruling was granted, because] this child is considered as if he alone has been purchased [by his master], and it is as if he purchased him this day. His mother is not included among the maidservants of the Jewish people, so that the child could be considered "home-born." If his mother immersed herself after she gave birth, the child should be circumcised on the eighth day.
Halacha 6
When a person purchases a slave from the gentiles and the slave does not consent to be circumcised, we may be patient with him for twelve months. It is forbidden to maintain him for any longer period while he remains uncircumcised, and one must sell him to gentiles.
If, at the outset, while the slave was still in the possession of his gentile master, he made a stipulation that he would not be circumcised, it is permissible to maintain him although he is not circumcised, provided he accepts the seven universal laws commanded to the descendants of Noah and becomes a resident alien.
If he refuses to accept these seven laws, he should be killed immediately. A resident alien may be accepted only in the era when the laws of yovel are in effect.
Halacha 7
When a convert enters the congregation of Israel, he is obligated to undergo circumcision first. If he had been circumcised while he was a gentile, it is necessary to extract the blood of the covenant on the day that he converts.
Similarly, a child who was born without a foreskin must have blood extracted for circumcision on the eighth day. An androgynous, a child with both male and female sexual organs, must be circumcised on the eighth day. Similarly, a child born by Caesarian section and a child who has two foreskins should both be circumcised on the eighth day.
Halacha 8
Circumcision is performed only during the day, after the rising of the sun, as [Leviticus 12:3] states, "On the eighth day...," i.e., during the day, and not at night. [This applies to a circumcision performed] at the appropriate time, the eighth day [after birth], and [to a circumcision performed] after the appropriate time, from the ninth day and onward.
If one performed the circumcision after dawn, it is acceptable. It is acceptable [at any time] throughout the entire day. Nevertheless, it is a mitzvah to [perform the circumcision] early, in the beginning of the day, since "the eager perform mitzvot early."
Halacha 9
When a circumcision [is performed] at its appropriate time, [its performance] supersedes [the prohibition against labor] on the Sabbath. When it [is] not [performed] at its appropriate time, [its performance] does not supersede [the prohibition against labor] on the Sabbath or the festivals. Whether or not it is performed at its appropriate time, [its performance] supersedes [the prohibition against removing signs of] tzara'at.
What is implied? If there was a sign of tzara'at on the foreskin, it may be cut off with the foreskin. Although there is a prohibition against cutting off the signs of tzara'at, the performance of a positive commandment supersedes the observance of a negative commandment.
Halacha 10
Just as the circumcision of sons supersedes [the prohibitions against labor on] the Sabbath, so too, the circumcision of those slaves who are circumcised on the eighth day [of their lives] supersedes [the prohibitions against labor on] the Sabbath when the eighth day [of their life] falls on the Sabbath. There is [one] exception - a slave whose mother did not immerse herself until after she gave birth. Although such a slave is circumcised on the eighth day, his circumcision does not supersede [the prohibitions against labor on] the Sabbath.
Halacha 11
[The circumcision of the following individuals] does not supersede [the prohibitions against labor on] the Sabbath:
a child who was born without a foreskin;
a child who was born in the eighth month of pregnancy before his development was completed; he is considered to be a stillborn, for he will not live;
a child born by Caesarian section;
an androgynous; and
a person with two foreskins.
a child who was born without a foreskin;
a child who was born in the eighth month of pregnancy before his development was completed; he is considered to be a stillborn, for he will not live;
a child born by Caesarian section;
an androgynous; and
a person with two foreskins.
These individuals are circumcised on [the following] Sunday, the ninth day of their lives.
Halacha 12
When a child is born beyn hash'mashot, which is a period when it is undetermined whether it is considered day or night, we count from the night, and he is circumcised on the ninth day [following the day he was born], which could be the eighth day.
When a child is born beyn hash'mashot on Friday, his circumcision does not supersede the Sabbath prohibitions, because the Sabbath prohibitions are never superseded because of a doubtful situation. Rather, he should be circumcised on [the following] Sunday.
Halacha 13
[The following principles apply when] a child is born in the eighth month [of pregnancy]:1 If the child's nails and hair are completely formed, we assume that this is a completely formed infant that should have been born in the seventh month, but whose birth was delayed. Hence, the baby may be carried on the Sabbath, is not considered to be a stone, and may be circumcised on the Sabbath.
If, however, when the baby was born, its hair and nails were incompletely formed, we can be certain that this child is in its eighth month of development and should not have been born until the ninth month, but was born prematurely. Therefore, he is considered as a stone and may not be moved on the Sabbath.
Nevertheless, if such an infant remains alive for thirty days, he is considered to be a child who will live and is governed by all the same rules as other infants.2
Whenever a human child lives longer than thirty days, it is no longer considered to be a stillborn.
Whenever a human child lives longer than thirty days, it is no longer considered to be a stillborn.
Halacha 14
[The following rules apply when] a child is born in the seventh month of gestation: If a child is born with his limbs completely formed,3 we assume that he will live and he should be circumcised on the eighth day [even if it falls on the Sabbath].
If there is a question whether a child4 was born in the seventh month or in the eighth month, he can be circumcised on the Sabbath. The rationale is: If he was born in the seventh month and his limbs are completely formed, it is appropriate that [his circumcision] supersede [the prohibitions against labor on] the Sabbath. If he was born in the eighth month, circumcising him [does not constitute a violation of the Sabbath prohibitions].5
It is like cutting meat, because he is like a stillborn if he is, in fact, born in the eighth month.
It is like cutting meat, because he is like a stillborn if he is, in fact, born in the eighth month.
Halacha 15
When a child's head emerges from his mother's birth canal beyn hash'mashoton Friday, but his entire body does not emerge until after the Sabbath night [has commenced], the child should not be circumcised on the Sabbath.6
Whenever a child's circumcision does not supersede the Sabbath prohibitions, [such circumcision] also does not supersede the prohibitions of the first day of a festival.7 It does, however, supersede the prohibitions of the second day of a festival.8 On Rosh HaShanah, however, it does not supersede [the prohibitions] of either the first or the second day.9 Similarly, a circumcision that is not carried out at the appropriate time10 does not supersede [the prohibitions of either of] the two days of Rosh HaShanah.11
Halacha 16
A sick person should not be circumcised until he regains his health. Seven full days should be counted from the time he regains his health until he is circumcised.
When does the above apply? When he recovers from high fever or from a similar illness. If, however, a person's eyes hurt, as soon as his eyes heal he may be circumcised immediately. The same applies in all similar circumstances.
Halacha 17
Halacha 18
When a woman circumcised her first son and he died because the circumcision sapped his strength, and similarly, circumcised her second son and he also died because of the circumcision, she should not circumcise her third son at the appropriate time. Rather, she should wait until he becomes older and his strength increases. [This applies regardless of whether] the first two children were sired by the same father or not.
We should not circumcise a child who is afflicted with any sickness at all, since the danger to life takes precedence over everything. Circumcision can be performed at a later date, while it is impossible to bring a single Jewish soul back to life.
Commentary Halacha
Circumcision is a positive mitzvah - Sefer HaMitzvot (Positive Commandment 215) and Sefer HaChinuch (Mitzvah 2) consider this one of the 613 mitzvot of the Torah.
[whose lack of fulfillment] is punished by - Circumcision and the Paschal sacrifices are the only positive commandments for which the Torah prescribes punishment if they are not fulfilled. In both instances, the punishment is the same (karet).
karet - Premature death at the hand of God (Mo'ed Katan 28a) and a severe spiritual punishment, the "soul's being cut off," and not being granted a share in the world to come (Hilchot Teshuvah 8:1,5).
as [Genesis 17:14] states: "And an uncircumcised male who does not circumcise his foreskin - this soul will be cut off from his people." - The citation of the verse from Genesis is significant. In his Commentary on the Mishnah (Chulin 7:6), the Rambam writes that our fulfillment of this mitzvah is not based on God's commandment to Abraham, but rather on the commandment issued to Moses (Leviticus 12:3), "On the eighth day, the child's foreskin will be circumcised." Nevertheless, the commandment to Abraham is still significant, and many particulars concerning circumcision are derived from it.
A father - and not a mother (Kiddushin 29a)
is commanded to circumcise his son - Although when the son reaches the age of bar mitzvah, he is obligated by the mitzvah. Until that time, the father is responsible for the fulfillment of the mitzvah.
The Minchat Chinuch (Mitzvah 2) questions the extent of the father's responsibility. If the father does not circumcise his son before the latter reaches majority, is the father still charged with the mitzvah (together with the son) or is the son solely responsible for the mitzvah?
Likkutei Sichot (Vol. 11) explains that the question is dependent on a difference of opinion between the Babylonian and Jerusalem Talmuds. The Babylonian Talmud (Kiddushin 29a) derives the mitzvah from the verse (Genesis 21:4), "And Avraham circumcised his son, Isaac." This indicates that the mitzvah is primarily the father's (although after the son reaches adulthood, he also becomes responsible). In contrast, the Jerusalem Talmud (Kiddushin 1:7) quotes as a proof-text for the mitzvah (Leviticus 12:3), "On the eighth day, the flesh of his foreskin shall be circumcised." The Korban Eidah explains that this implies the mitzvah is the son's. Since he is not able to perform it himself as a youth, however, his father is given the responsibility while the child is a minor.
Likkutei Sichot continues, explaining that the Rambam's position is obvious from his discussion of the blessings recited for the mitzvot inHilchot Berachot, Chapter 11. In Halachah 11 of that chapter, the Rambam explains that if one performs a mitzvah on one's own behalf, one should use the form, "who has sanctified us with His commandments and commanded us to...." In contrast, if one performs a mitzvah on behalf of another person, one uses the form, "... and commanded usconcerning...."
Rav Yitzchak ben Sheshet (Responsum 131) notes that the Rambam (Hilchot Bikkurim 11:5) rules that one should recite the blessing "...concerning the redemption of a son," implying that the mitzvah is not the father's, but the son's (merely that as an infant, the son cannot fulfill it). In contrast, in Chapter 3, Halachah 1, the Rambam states that a father should recite the blessing "... to circumcise...," implying that the mitzvah is his.
and a master, his slaves. - Here, the responsibility for the mitzvah is surely the master's. This circumcision is one of the stages in the process by which the slave attains the status of eved C'na'ani, an intermediate rung between a gentile and a Jew. He is obligated to fulfill all the negative commandments and all those positive commandments that are not associated with a specific time. (See Hilchot Issurei Bi'ah 12:11.)
This applies both to those who are born in his home - i.e., a non-Jewish maidservant gave birth to a male child
and to those purchased by him. - See Genesis 17:27, which relates that Abraham circumcised both these categories of servants.
If the father or the master transgressed and did not circumcise them, he negated the fulfillment of a positive commandment. - Note the Rambam's Commentary on the Mishnah (Shabbat 19:6):
If a person transgressed and did not circumcise his son or his servants born in his home... on the eighth day, he transgresses a very great and severe mitzvah, to which there is no comparison among the other mitzvot. He can never compensate for [the lack of fulfillment of] this mitzvah.
His sin is much more severe than a person who did not build a sukkah on Sukkot, or one who did not eat matzah on Pesach.
His sin is much more severe than a person who did not build a sukkah on Sukkot, or one who did not eat matzah on Pesach.
He is not, however, punished by karet, for karet is incurred only by the uncircumcised person himself. - This is obvious from the proof-text quoted above.
The court is obligated to circumcise that son or slave at the proper time and should not leave an uncircumcised male among the Jewish people or their slaves. - Kiddushin, loc. cit., interprets Genesis 17:10, "You must circumcise every male," as a charge to the Jewish court, making them responsible for circumcising every member of the people.
Commentary Halacha
We may not circumcise a person's son without his knowledge - SeeHilchot Chovel UMazik 7:13-14, where the Rambam describes the prohibition against "stealing" the performance of a mitzvah from a colleague, and the fine of ten gold pieces for doing so. The Ramah (Choshen Mishpat 382:1) explicitly associates this concept with circumcising a person's son without his knowledge.
unless he has transgressed and did not circumcise him. - The Rambam's phraseology has raised questions among the halachic authorities. Is his intent that once the father has allowed the eighth day to pass, the obligation falls on the court, or is his intent that only after the father makes it obvious that he does not want to circumcise his son that they become responsible? Similarly, the question has been raised what should be done if the father is unaware that a son has been born to him, or is prevented from carrying out the circumcision by factors beyond his control. Should the circumcision be carried out on the eighth day, or should the family wait until the father returns? See Avnei Nezer (Yoreh De'ah, Responsum 318) and Rav Kapach's commentary.
[In such an instance,] the court must circumcise - the obligation mentioned in the previous halachah falls upon them
[the child] against [the father's] will. - Even if he protests, the mitzvah should be performed.
If the matter does not become known to the court and they do not circumcise him, when [the child] reaches bar mitzvah he is obligated to circumcise himself. - Tzafenat Paneach explains that there are three aspects to the mitzvah of circumcision:
a) to remove the foreskin;
b) to be circumcised;
c) not to be uncircumcised. (See Chapter 2, Halachah 1.)< /p>
b) to be circumcised;
c) not to be uncircumcised. (See Chapter 2, Halachah 1.)< /p>
The first aspect involves a single deed. The second and third dimensions, however, are ongoing qualities that a person continues to possess even after the deed of circumcision is completed. Thus, the Or Zarua quotes Menachot 43b, which relates that when King David entered the bathhouse, he was upset for he was "naked," without mitzvot. When he remembered that he was circumcised, he relaxed, realizing that he was still involved with the performance of a mitzvah.
This indicates that, even years after his circumcision, he was considered to be fulfilling the mitzvah. In contrast, with regard to the mitzvot of tefillin and tzitzit, although he had just removed them, he was no longer considered to be involved in the performance of these mitzvot.
With each and every day that passes after he has reached bar mitzvah, he negates a positive commandment. - Some of the manuscript editions of the Mishneh Torah state, "It is as if he negates a commandment." The mitzvah of circumcision is not negated until the person dies without fulfilling it. Unlike tefillin or tzitzit, where each day a person performs a different mitzvah, there is only one mitzvah of circumcision (Rav Kapach).
He is not, however, liable for karet until he dies uncircumcised - As mentioned above, there are two dimensions to the punishment of karet: premature death and the cutting off of the soul. According to the Rambam, a person who does not circumcise himself is liable only for the second aspect of this punishment, since until he dies, it is not known whether he will perform the mitzvah or not (Kessef Mishneh).
The Ra'avad objects to the Rambam's statements, stating that each day he does not perform the mitzvah, he is liable for karet and is worthy of premature death. (Even according to the Ra'avad, were the person to circumcise himself, he would no longer be liable for karet).
having intentionally - but not if he was unaware of the mitzvah or was prevented from fulfilling it by forces beyond his control
[failed to perform the mitzvah]. - The Rambam's phraseology raises the question whether a person is liable forkaret if he initially failed to perform the mitzvah intentionally, and then was prevented from fulfilling it by forces beyond his control.
Commentary Halacha
A master is obligated to circumcise both a slave who was born as the property of a Jewish owner - i.e., the "home-born slave" mentioned in Genesis 17:12
and a slave purchased from the gentiles. - Such servants are also mentioned in the above verse.
[There is, however, a difference between the two.] A home- born slave should be circumcised on the eighth day [of his life] - as is a Jewish child. The above verse states that "all those born in your house" - i.e., also slaves - should be circumcised on the eighth day (Rashi,Shabbat 135b).
In contrast, a slave who is purchased should be circumcised on the day he was purchased. - Since Genesis 17:13 repeats the commandment, "Circumcise all home-born [slaves] and those purchased with your money," we can assume that there are slaves who are to be circumcised immediately (Rashi, loc. cit.).
If he was purchased on the day he was born, he should be circumcised on that day - provided, of course, that the surgery will not affect the infant's health. (Note the Guide to the Perplexed, Vol. III, Chapter 49, which explains that both physically and spiritually, a child is not prepared for circumcision until the eighth day.)
Commentary Halacha
There are, however - certain exceptions to the rules mentioned in the previous halachah that are also mentioned in Shabbat 135b. There are some
slaves that are purchased who should be circumcised on the eighth day [of their lives] - as explained in this halachah
and - some
home-born slaves who should be circumcised on the day they are born - as explained in the following halachah.
What is implied? Should one purchase a maidservant and purchase [the rights to] her fetus [separately] - This is possible when the maidservant herself belonged to one master and the fetus to another (Rambam in his responsa).
when she gives birth the baby should be circumcised on the eighth day. Although the fetus itself was purchased separately, since [the master] purchased his mother before the child was born - the child is considered "home-born" and
he should be circumcised on his eighth day. - The Kessef Mishnehrelates that, according to the Rambam, even if the master at first purchased only the rights to the fetus, and then purchased the mother, since she gave birth while in his domain, the slave is considered "home-born," and is circumcised on the eighth day.
Commentary Halacha
If a person purchased a maidservant for her offspring - In his responsum cited above, the Rambam compares this to a person who buys a tree for its fruit - i.e., he is not the actual owner of the tree, but is entitled to all the fruit it produces. Similarly, in this instance, the master is not the owner of the maidservant; what he has purchased is the right to her offspring. Therefore, none of the offspring are considered "home-born," and must be circumcised immediately.
or purchased a maidservant with the intent of not immersing her as a slave - Through immersion in a mikveh, a female maidservant becomes a shifchah C'na'anit and attains the intermediate status mentioned in the Commentary on Halachah 1.
As the Rambam mentions in the following halachah, it is possible to purchase a gentile slave and maintain possession of him or her without changing his or her status in the above manner.
even though her offspring is born in his domain, the child should be circumcised on the day he was born. - The first instance mentioned does not require explanation. With regard to the second category, the Rambam elaborates:
[This ruling was granted, because] this child is considered as if he alone has been purchased [by his master], and it is as if he purchased him this day. His mother is not included among the maidservants of the Jewish people, so that the child could be considered 47homeborn." - In the responsum cited above, the Rambam explains that the concept of a "home-born" slave is derived from God's commandment to Abraham. All the members of Abraham's household had accepted his beliefs and way of life. In contrast, a slave who is unwilling to accept the mitzvot cannot be considered part of a Jewish household, and her children are not "home-born."
If his mother immersed herself after she gave birth - This shows that the stipulation that she need not be immersed (see the following halachah) is nullified and considered of no consequence. Therefore, she is considered to be part of the household, and
the child should be circumcised on the eighth day. - The Ra'avad objects to the Rambam's decision and maintains that unless the mother immerses herself before giving birth, the child should be circumcised immediately. Rabbenu Nissim, in his notes to Shabbat 135b, supports the Rambam's decision, explaining that the Sages did not reach a final ruling on the matter, and hence the more stringent approach should be taken.
Commentary Halacha
When a person purchases a slave from the gentiles and the slave does not consent - Note the difference of opinion in Yevamot 48b, whether this leniency is granted if the slave refuses outright to be circumcised.
to be circumcised, we may be patient with him for twelve months -lest he change his mind and accept his status within the Jewish people.
It is forbidden to maintain him for any longer period while he remains uncircumcised, and one must sell him to gentiles. - He must, however, agree to accept the seven universal laws mentioned below. Otherwise, he should be slain (Kessef Mishneh).
If, at the outset, while the slave was still in the possession of his gentile master, he made a stipulation that he would not be circumcised - Rav Kapach maintains that the stipulation was made by the slave's master. Since the slave is considered to be chattel, his own say is of no concern.
it is permissible to maintain him although he is not circumcised, provided he accepts the seven universal laws commanded to the descendants of Noah - The prohibitions against idol worship, cursing God, murder, theft, adultery, eating flesh taken from a living animal, and the obligation to establish a court system. (See Hilchot Melachim 9:1-2.)
and becomes a resident alien. - In Hilchot Avodat Kochavim 10:6, the Rambam writes that it is forbidden to allow gentiles who do not accept these seven laws to dwell in Eretz Yisrael. Therefore, a gentile who does is called a resident alien - i.e., a non-Jew who may dwell among us.
If he refuses to accept these seven laws - The slave must formally accept the performance of these mitzvot in the presence of a Rabbinic court.
he should be killed immediately. - The Kessef Mishneh explains that the Rambam's decision depends on his statement (Hilchot Melachim 8:9) that we must do everything in our power to influence the gentiles to observe these seven laws.
The Ra'avad objects to the Rambam's statement, explaining that in the present era, we may not kill any gentiles for refusing to observe these seven laws. The commentaries differ whether the Rambam would accept the Ra'avad's decision (and his statement here is, like many of the other laws he states, reflective of the Messianic era), or whether permission is granted to kill a slave for refusing to follow these laws in the present age as well.
A resident alien may be accepted only in the era when the laws of yovel - The Jubilee year
are in effect. - The Jubilee must be observed only when the entire Jewish people are dwelling in Eretz Yisrael. Therefore, when the tribes of Reuven and Gad and half the tribe of Menasheh were exiled by the kingdom of Assyria (see II Kings, Chapter 16), the observance of the Jubilee was nullified (Hilchot Shemitah V'Yovel 10:8).
Commentary Halacha
When a convert enters the congregation of Israel, he is obligated to undergo circumcision first. - Hilchot Issurei Bi'ah 13:1-4 states:
With three acts, Israel entered into a covenant [with God]: circumcision, immersion [in the mikveh], and [the offering of] sacrifices.... Similarly, with regard to future generations, when a gentile wants to enter into the covenant, take refuge under the wings of the Divine Presence, and accept the yoke of the Torah, he must undergo circumcision, immersion, and the offering of a sacrifice.
The phrase "accept the yoke of the Torah" indicates that before performing these deeds, the prospective convert must resolve to fulfill the mitzvot.
If he had been circumcised while he was a gentile - and not by a Jew for the purpose of conversion. Note Hilchot Issurei Bi'ah 13:7 which relates that even if a gentile circumcises himself for the purpose of conversion, it is insufficient.
it is necessary to extract the blood of the covenant - a superficial cut is made on the shaft of the penis, and a small amount of blood extracted.
The expression "blood of the covenant" is derived from the interpretation of Exodus 24:8, "This is the blood of the covenant which God established with you," in certain texts of Nedarim 31b and the Mechilta's interpretation of Zechariah 9:11, "Because of the blood of your covenant, I have sent forth your prisoners from the pit."
on the day that he converts. - The Shulchan Aruch (Yoreh De'ah 268:2) states that one should wait until the wound of the circumcision is completely healed before immersing in the mikveh and completing the process of conversion.
Similarly, a child who was born without a foreskin - Our Sages mention this as a sign of a high spiritual level, citing Moses and Shem (Noah's son) as examples of children born without a foreskin.
must have blood extracted for circumcision - Were we to be sure the child did not have a foreskin, there would be no need for the extraction of blood. The blood is extracted lest the child have a thin foreskin that is not readily noticeable (Shabbat 135a). Note the Shulchan Aruch (Yoreh De'ah 263:4), which requires the extraction of blood and states that we must inspect such a child carefully - but gently - to see whether he possesses a thin foreskin or not. (Perhaps the expression "thin foreskin" refers to the membrane removed by pri'ah.)
It must be noted that there are Rishonim (see Rashi,Shabbat 134a) who maintain that the extraction of the "blood of the covenant" is not a by-product of a search for a thin membrane, but rather serves an independent purpose: The Jews' covenant with God is established through their blood.
on the eighth day. - Note Chapter 3, Halachah 6, which states that a blessing is not recited for this activity.
The Ramah mentions several other instances when blood must be extracted: a child who was circumcised before the eighth day (Yoreh De'ah 262:1), circumcised at night ( loc. cit.), or circumcised by a gentile ( loc. cit., 264:1) should have blood extracted for the sake of fulfilling the mitzvah. (Note also the commentary on Chapter 2, Halachah 1.)
An androgynous, a child with both male and female sexual organs -Androgynous is a combination of the Greek words meaning "man" and "woman." (See Hilchot Ishut 2:24.) Note also Hilchot Avodat Kochavim12:4, which states:
The status of a tumtum and an androgynous is doubtful. Therefore, the stringencies of both a man and a woman are applied to them, and they are obligated by all [the mitzvot]. If, however, they transgress, they are not [punished by] lashing.
Because of this unique status, an androgynous
must be circumcised on the eighth day - lest he be obligated to undergo circumcision.
See Tiferet Yisrael (Shabbat 19:3), who writes:
There are those who say there is no such thing as an androgynous. Their statements are false.... I beheld such a phenomenon with my own eyes. Twelve years ago, I myself circumcised a child with this condition.
Similarly, a child born by Caesarian section - Shabbat 135a explains as follows: The commandment for circumcision on the eighth day (Leviticus 12:3) is stated directly after the verse that relates that a woman who gives birth becomes ritually impure. Since a woman does not contract ritual impurity when she gives birth by Caesarian section, one might think that the child need not be circumcised on the eighth day. Therefore, the Rambam clarified the matter. (See also Halachah 11.)
and a child who has two foreskins - This refers to a birth abnormality. Rashi (Shabbat 135b) mentions two interpretations: a person with a single penis that is covered by two foreskins; alternatively, a person with two penises.
should both be circumcised on the eighth day. - Nevertheless, as explained in Halachah 11, none of the individuals mentioned in this halachah are circumcised on the eighth day if it falls on the Sabbath.
Commentary Halacha
Circumcision is performed only during the day - This applies to all circumcisions - those of children, servants, and converts
after the rising of the sun - This refers to הנץ החמה, the rising of the sun on the horizon.
as [Leviticus 12:3] states, "On the eighth day...," i.e., during the day - only,
and not at night. - In his Commentary on the Mishnah (Megillah 2:4), the Rambam writes that the day extends from dawn to the appearance of the stars. It is preferable, however, to perform all acts that must be carried out during the day after the rising of the sun.
Although according to the Rambam, the day extends until the appearance of the stars, circumcision should be carried out before sunset (Shulchan Aruch, Yoreh De'ah 266:9).
The proof-text quoted mentions the eighth day. Nevertheless, Yevamot72b uses the rules of Biblical exegesis to demonstrate that
[This applies to both a circumcision performed] at the appropriate time, the eighth day [after birth], and [to a circumcision performed] after the appropriate time, from the ninth day and onward.
If one performed the circumcision after dawn - alot hashachar, the appearance of the first rays of the sun, approximately an hour before the sun itself actually appears on the horizon.
it is acceptable. It is acceptable [at any time] throughout the entire day. Nevertheless, it is a mitzvah to [perform the circumcision] early, in the beginning of the day, since "the eager perform mitzvot early." - Pesachim 4a derives this concept from the description inGenesis 22:3 of Abraham's rising early in the morning to perform theakedah.
Commentary Halacha
When a circumcision [is performed] at its appropriate time - on the eighth day.
[its performance] supersedes [the prohibition against labor] -Cutting off the foreskin is otherwise forbidden because it causes bleeding (Hilchot Shabbat 8:7-8).
on the Sabbath. - Shabbat 132a relates that the verse, "On the eighth day, the child's foreskin will be circumcised," is a Torah decree, requiring circumcision on the eighth day regardless of the day on which it falls.
When it [is] not [performed] at its appropriate time, [its performance] does not supersede [the prohibition against labor] on the Sabbath or the festivals. - The observance of the Sabbath and festivals involves both a positive and negative commandment. Therefore, circumcision, which is merely a positive commandment, does not supersede their observance.
Whether or not it is performed at its appropriate time - Note Rav Kapach, who asks how is it possible for a sign of tzara'at to be already definitely determined as such by the eighth day of a child's life.
[its performance] supersedes [the prohibition against removing signs of] tzara'at. - Tzara'at is a skin condition resembling leprosy.Deuteronomy 24:8 forbids removing such a mark, and Sefer HaMitzvot(Negative Commandment 308) considers this to be one of the 365 prohibitions of the Torah. (See also Hilchot Tum'at Tzara'at, Chapter 10.)
What is implied? If there was a sign of tzara'at on the foreskin, it may be cut off with the foreskin. Although there is a prohibition against cutting off the signs of tzara'at, the performance of a positive commandment supersedes the observance of a negative commandment. - In contrast to the permission granted to circumcise on the Sabbath, this is not an exception made with regard to circumcision, but rather a general rule that applies throughout Torah law (see Hilchot Tzitzit 3:6).
Commentary Halacha
Just as the circumcision of sons supersedes [the prohibitions against labor on] the Sabbath, so too, the circumcision of those slaves who are circumcised on the eighth day [of their lives] - The "home-born" slaves mentioned in Halachot 3-4. In contrast, slaves who were purchased, and therefore should be circumcised on the day they were purchased (or born), should not be circumcised on the Sabbath.
supersedes [the prohibitions against labor on] the Sabbath when the eighth day [of their life] falls on the Sabbath. -Kiryat Melech citesPirkei D'Rabbi Eliezer, Chapter 29, which relates that Abraham circumcised all his servants on Yom Kippur.
Significantly, Rabbenu Yerucham differs, and writes that only the circumcisions of Jews, and not of their servants, supersedes the Sabbath prohibitions. The Shulchan Aruch (Yoreh De'ah 267:2) quotes the Rambam's view.
There is [one] exception - a slave whose mother did not immerse herself until after she gave birth. - See Halachah 5 and commentary.
Although such a slave is circumcised on the eighth day, his circumcision does not supersede [the prohibitions against labor on] the Sabbath. - When the eighth day of such a person's life falls on the Sabbath, he is circumcised on Sunday, the ninth day of his life.
Commentary Halacha
[The circumcision of the following individuals] does not supersede [the prohibitions against labor on] the Sabbath: a child who was born without a foreskin; - Since, as stated in Halachah 7, the blood is extracted from him only because of a suspicion that he has a hidden foreskin, this activity does not supersede the Sabbath prohibitions.
a child who was born in the eighth month of pregancy before his development was completed; he is considered to be a stillborn, for he will not live; - As explained in Halachah 13, the circumcision is not carried out on the eighth day because of the probability that the child will not live.
a child born by Caesarian section; - See Halachah 7.
an androgynous; and a person with two foreskins. - because we are unsure of the nature of the obligation of circumcision in these instances.
These individuals are circumcised on [the following] Sunday, the ninth day of their lives. - They should not be circumcised before the eighth day.
Commentary Halacha
When a child is born beyn hash'mashot - the period between sunset and the appearance of three stars. (See Hilchot Shabbat 5:4.)
which is a period of doubt whether it is considered day or night, we count from the night - Were we to count from the day, it is possible that the circumcision would be carried out before the proper time.
and he is circumcised on the ninth day [following the day he was born,] which could be the eighth day. - The Shulchan Aruch (Yoreh De'ah 262:7) states that night depends on the appearance of three stars, and not on when the evening service is recited.
When a child is born beyn hash'mashot on Friday - he should not be circumcised on the following Friday, as explained above. Nor should he be circumcised on the following Sabbath (although it is the ninth day of his life), since
his circumcision does not supersede the Sabbath prohibitions, because the Sabbath prohibitions are never superseded because of a doubtful situation. Rather, he should be circumcised on [the following] Sunday. - Thus, he is circumcised on the 10th day of his life. (See Shabbat 19:5.)
Commentary Halacha
A sick person - This applies not only to children who are circumcised on the eighth day of their lives, but also to those (e.g., converts or slaves) who are circumcised when they are older.
should not be circumcised until he regains his health. - lest the child's life be endangered. (See Halachah 18.)
Seven full days should be counted from the time he regains his health until he is circumcised. - In his Commentary on the Mishnah (Shabbat 19:5), the Rambam writes:
Until he fully recovers from his illness and the weakness from his sickness passes. He should wait seven days from the time the weakness passes.... Only afterwards, should he be circumcised.
Thus, we see that the Rambam intends that the person to be circumcised fully regain his health, and then wait an additional seven days.
When does the above apply? When he recovers from high fever -Our translation is based on the Kessef Mishneh.
or from a similar illness. - i.e., an illness that affects a person's entire body (Shulchan Aruch, Yoreh De'ah 262:2)
If, however, a person's eyes hurt, as soon as his eyes heal he may be circumcised immediately - i.e., on the same day of his recovery. Note the Turei Zahav 262:3, which explains that since the circumcision has been postponed, it may be further delayed and should not be carried out on Thursday or Friday, so that the child will not have pain on the Sabbath.
The same applies in all similar circumstances - i.e., sicknesses in which the person's entire body is not affected.
| FOOTNOTES | |
| 1. |
The comprehension of this and the following halachah are dependent on the following two Talmudic passages:
[The prohibitions against labor on] the Sabbath are superseded for [the circumcision of a child] born in the seventh month, but not for a child born in the eighth month (Shabbat 135a).
A child born in the eighth month is like a stone and may not be carried [on the Sabbath]. His mother may, however, lean over him and nurse him.... Rabbi states: [This is when] his physical features reflect his [lack of development]; i.e., when his hair and nails are not completely formed. [Rabbi's statements imply that] if [his hair and nails] are completely formed, he is a baby that should have been born in the seventh month, but whose birth was delayed (Yevamot 80b).
From these passages, it appears that the Sages considered that there were two periods of gestation that could produce healthy babies, a seven-month period and a nine-month period. Therefore, a baby who was born in the seventh month was considered to be healthy, and circumcision could be performed on the Sabbath.
In contrast, a baby born in the eighth month was generally considered to be unhealthy. Not only was the baby not to be circumcised on the Sabbath, but moving it at all was forbidden. Since it was likely to die, it was considered to be muktzeh. If, however, a baby born in the eighth month looks healthy, we assume that it should have been born in the seventh month, but its birth was delayed. Therefore, it is considered a healthy baby and it may be circumcised on the Sabbath.
We have used the past tense in the above explanation, because these laws are no longer practiced, and all babies are allowed to be moved on the Sabbath. Tosafot, Shabbat, loc. cit., state that at present, it is no longer possible to determine exactly when a child was conceived, and we therefore do not know the month of pregnancy the mother was in. Furthermore, the advances in medical technology have enabled the lives of many premature babies to be saved despite the fact that, without these new developments, these babies would surely not have survived. At present, it is considered a mitzvah to try to save the lives of any premature babies, even if doing so involves carrying out forbidden labors on the Sabbath.
Also, it must be emphasized that, as stated in Halachot 16-18, a child is circumcised only when it is healthy and there is no danger involved. This is surely relevant with regard to premature infants. Rarely, if ever, would a doctor grant permission for such a baby to be circumcised on the eighth day of his life.
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| 2. |
Among the ramifications of this decision are that the child's mother is free of the obligations ofyibbum and chalitzah. (See Hilchot Yibbum 1:5.)
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| 3. |
Our translation is based on the commentary of the Maggid Mishneh, Hilchot Yibbum 1:5. According to this interpretation, the child's hair and nails need not be completely formed. TheKessef Mishneh offers a different interpretation. Significantly, however, in his Shulchan Aruch(Yoreh De'ah 266:11), Rav Yosef Karo accepts the Maggid Mishneh's interpretation.
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| 4. |
According to the Maggid Mishneh's interpretation mentioned above, this refers to an instance when the child's limbs are completely formed, but his hair and nails are not. The date of his birth, however, creates a problem, because he appears to have been born in the eighth month.
[With regard to this law, the Shulchan Aruch ( loc. cit.) does not accept the Maggid Mishneh'sinterpretation. It is, however, quoted by the Ramah.]
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| 5. |
This rationale is not used to allow the circumcision of a child who was definitely born in the eighth month, because the Rabbinic prohibition of muktzeh is in effect. Although the Sages did not enforce that prohibition in a case of doubt (the present halachah), they did apply it when no doubt about the period of gestation exists (the previous halachah).
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| 6. |
Niddah 42b relates that the time when a child's head emerges is considered the hour of birth.
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| 7. |
See Halachah 9, which equates circumcision on festivals to circumcision on the Sabbath. In this halachah, the Rambam is adding that the prohibition against circumcision on the eighth day when it falls on the Sabbath in the various instances mentioned in Halachot 11-13 also applies on festivals.
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| 8. |
Since the celebration of the second day of a festival is only Rabbinic in origin, the fulfillment of the mitzvah of circumcision takes priority.
This represents the Rambam's view. Rabbenu Asher differs and maintains that only a circumcision that would be performed on the eighth day, were it to fall on the Sabbath, should be performed on the second day of a festival. The Shulchan Aruch (Yoreh De'ah 266:8) quotes Rabbenu Asher's view, while the Siftei Cohen 266:8 follows the Rambam's position. [Significantly, the Noda biYhudah (Orach Chayim, Responsum 30) and the Chatam Sofer (Yoreh De'ah, Responsum 250) interpret the difference of opinion between the Rambam and Rabbenu Asher as applying only when the circumcision is definitely not being performed on the eighth day. (See notes 10 and 11.) According to their view, even Rabbenu Asher agrees that when a child is born during beyn hash'mashot eight days before the second day of a festival, he may be circumcised on that second day of the festival.
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| 9. |
As explained in Hilchot Sh'vitat Yom Tov 1:21-24, the rules governing the celebration of the second day of Rosh HaShanah differ from those governing the celebration of the second days of other festivals. The two days of Rosh HaShanah share the same level of holiness, and all the prohibitions that apply on the first day apply on the second, with the exception of the laws of burial. (See also Hilchot Kiddush HaChodesh 5:7-8.)Thus, if a child was born during beyn hash'mashot a week before Rosh HaShanah in a year when the two days of Rosh HaShanah are followed by the Sabbath, the child is not circumcised until the twelfth day of his life (Shabbat 19:5).
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| 10. |
This refers to instances when a child was sick and the circumcision was delayed, and the like.
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| 11. |
From the Rambam's phraseology, it appears that he allows such circumcisions to be carried out on the second day of other festivals. See note 8.
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| 12. |
The Rambam is referring to infantile jaundice, which is common in many newborns.
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| 13. |
The Bayit Chadash (Yoreh De'ah 263) and the Binyan Shlomo interpret the Rambam's phraseology as indicating that, in contrast to the sicknesses mentioned in the previous halachah, it is not necessary to wait seven days after the child's recovery in these instances. This is the common practice today.
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| 14. |
At present, if the child's skin color is not normal (regardless of the tinge), it is customary to delay the circumcision.
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| 15. |
Shabbat 134a relates that once, a woman approached Rabbi Natan HaBavli while he was visiting a distant community. She explained that her first two children had died after being circumcised, and was concerned whether she should circumcise her third son or not. Rabbi Natan inspected the baby and saw that he was extremely red. He advised that the circumcision be delayed until the child's complexion returned to the norm. His advice was followed and the child survived. In appreciation, the family named him Natan.
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Hayom Yom:
• English Text | Video Class• Tuesday, Tevet 10, 5776 · 22 December 2015
"Today's Day"
Shabbat Tishrei 10, Yom Hakippurim 5704
Torah lessons: Chumash: B'racha, Shevi'i with Rashi.
Tehillim: 55-59. Before Kol Nidrei: 115-123. Before going to sleep: 124-132. After Musaf: 133-141. After Ne'ila: 142-150.
Tanya: And from this (p. 511) ...the world to come." (p. 513).
Yom Kippur eve begin Hashem malach tageil etc. The verse Or zarua is said once, aloud. (p. 296) Al daat hakahal...is said three times, softly. Ki hinei kachomer is not repeated. Bedtime sh'ma as every Shabbat and Festival. Avinu malkeinu z'chor rachamecha etc. is said in every tefilla. On Rosh Hashana and Yom Kippur the Thirteen Attributes of Mercy (p. 183) are recited when the Scrolls are removed from the Ark, even on Shabbat. The daily Tehillim is said after Musaf.
Haftora at Mincha: Va'yhi d'var until uv'heima raba, then Mi Keil kamocha etc. L'David ori said at Mincha too. Open the Ark for Ne'ila service at Ashrei, and it remains open until after the entire Ne'ila Service. Kaddish in Ne'ila - l'eila ul'eila. Ein k'Elokeinu, Aleinu, no blessing by the kohanim.
Hayom yifneh is said even after dark. She'assa li kol tzorki (p. 8) is not said until tomorrow.
On Yom Kippur it works out that we actually fast 26 hours.1
FOOTNOTES
1. Corresponding to the Divine Name Havayeh, numerically equivalent to 26. See Sefer Hasichot 5705 p. 21. See Likutei Sichot 16, p. 522.---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• Tuesday, Tevet 10, 5776 · 22 December 2015
"Today's Day"
Shabbat Tishrei 10, Yom Hakippurim 5704
Torah lessons: Chumash: B'racha, Shevi'i with Rashi.
Tehillim: 55-59. Before Kol Nidrei: 115-123. Before going to sleep: 124-132. After Musaf: 133-141. After Ne'ila: 142-150.
Tanya: And from this (p. 511) ...the world to come." (p. 513).
Yom Kippur eve begin Hashem malach tageil etc. The verse Or zarua is said once, aloud. (p. 296) Al daat hakahal...is said three times, softly. Ki hinei kachomer is not repeated. Bedtime sh'ma as every Shabbat and Festival. Avinu malkeinu z'chor rachamecha etc. is said in every tefilla. On Rosh Hashana and Yom Kippur the Thirteen Attributes of Mercy (p. 183) are recited when the Scrolls are removed from the Ark, even on Shabbat. The daily Tehillim is said after Musaf.
Haftora at Mincha: Va'yhi d'var until uv'heima raba, then Mi Keil kamocha etc. L'David ori said at Mincha too. Open the Ark for Ne'ila service at Ashrei, and it remains open until after the entire Ne'ila Service. Kaddish in Ne'ila - l'eila ul'eila. Ein k'Elokeinu, Aleinu, no blessing by the kohanim.
Hayom yifneh is said even after dark. She'assa li kol tzorki (p. 8) is not said until tomorrow.
On Yom Kippur it works out that we actually fast 26 hours.1
FOOTNOTES
1. Corresponding to the Divine Name Havayeh, numerically equivalent to 26. See Sefer Hasichot 5705 p. 21. See Likutei Sichot 16, p. 522.---------------------• Daily Thought:
Mental Limits
Just as wisdom is not something you can touch with your hands,
so G‑dliness is not something you can grasp with your mind.
The mind cannot experience G‑d.
G‑d is not an idea.
G‑d is real.
More than in inspiring thoughts, G‑d is found in inspired deeds.
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