Today's Laws & Customs:
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Today in Jewish History:
• Passing of Rabbi Dovid of Lelov (1814)
Chassidic master Rabbi Dovid Biederman of Lelov (1746-1814) was a disciple of the "Seer of Lublin." Rabbi Dovid was known for his extraordinary ahavat yisrael; it was said of him that he was literally incapable of seeing faults in a fellow Jew. Two printed collections of stories about him are Migdal David and Kodesh Hillulim.
Rabbi Dovid's main disciple was Rabbi Yitzchak of Vorki, whose son, Yaakov David, founded the Amshinover dynasty of chassidic rebbes.
Daily Quote:
Great waters cannot quench the love, nor can rivers flood it[Song of Songs 8:7]
Daily Study:
Chitas and Rambam for today:
Chumash: Beshalach, 1st Portion Exodus 13:17-14:8 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 13
17It came to pass when Pharaoh let the people go, that God did not lead them [by] way of the land of the Philistines for it was near, because God said, Lest the people reconsider when they see war and return to Egypt יזוַיְהִ֗י בְּשַׁלַּ֣ח פַּרְעֹה֘ אֶת־הָעָם֒ וְלֹֽא־נָחָ֣ם אֱלֹהִ֗ים דֶּ֚רֶךְ אֶ֣רֶץ פְּלִשְׁתִּ֔ים כִּ֥י קָר֖וֹב ה֑וּא כִּ֣י | אָמַ֣ר אֱלֹהִ֗ים פֶּן־יִנָּחֵ֥ם הָעָ֛ם בִּרְאֹתָ֥ם מִלְחָמָ֖ה וְשָׁ֥בוּ מִצְרָֽיְמָה:
It came to pass when Pharaoh let…that God did not lead them: Heb. וְלֹא-נָחָם, and did not lead them, similar to “Go, lead (נְחֵה) the people” (Exod. 32:34) [and] “When you walk, it shall lead (תִּנְחֶה) you” (Prov. 6:22). ויהי בשלח פרעה וגו' ולא נחם: ולא נהגם, כמו (שמות לב לד) לך נחה את העם, (משלי ו כב) בהתהלכך תנחה אותך:
for it was near: and it was easy to return by that road to Egypt. There are also many aggadic midrashim [regarding this]. כי קרוב הוא: ונוח לשוב באותו הדרך למצרים. ומדרשי אגדה יש הרבה:
when they see war: For instance, the war of “And the Amalekites and the Canaanites descended, etc.” (Num. 14:45). If they had gone on a direct route, they would have returned. Now, if when He led them around in a circuitous route, they said, “Let us appoint a leader and return to Egypt” (Num. 14:4), how much more [would they have planned to do this] if He had led them on a direct route? [According to the sequence of the verse, the headings appear to be transposed. See Mizrachi, Gur Aryeh, and Minchath Yehudah for a correct solution of this problem.] בראתם מלחמה: כגון מלחמת (במדבר יד מה) וירד העמלקי והכנעני וגו'. אם הלכו דרך ישר היו חוזרים, ומה אם כשהקיפם דרך מעוקם אמרו (במדבר יד ד) נתנה ראש ונשובה מצרימה, אם הוליכם בפשוטה על אחת כמה וכמה:
Lest…reconsider: They will have [second] thoughts about [the fact] that they left Egypt and they will think about returning. פן ינחם: יחשבו מחשבה על שיצאו ויתנו לב לשוב:
18So God led the people around [by] way of the desert [to] the Red Sea, and the children of Israel were armed when they went up out of Egypt. יחוַיַּסֵּ֨ב אֱלֹהִ֧ים | אֶת־הָעָ֛ם דֶּ֥רֶךְ הַמִּדְבָּ֖ר יַם־ס֑וּף וַֽחֲמֻשִׁ֛ים עָל֥וּ בְנֵֽי־יִשְׂרָאֵ֖ל מֵאֶ֥רֶץ מִצְרָֽיִם:
led…around: He led them around from a direct route to a circuitous route. ויסב: הסיבם מן הדרך הפשוטה לדרך העקומה:
the Red Sea: Heb. יַם-סוּף, like לְיַם-סוּף, to the Red Sea. סוּף means a marsh where reeds grow, similar to “and put [it] into the marsh (בַּסוּף)” (Exod. 2:3); “reeds and rushes (וַסוּף) shall be cut off” (Isa. 19:6). ים סוף: כמו לים סוף. וסוף הוא לשון אגם שגדלים בו קנים, כמו (שמות ב ג) ותשם בסוף, (ישעיהו יט ו) קנה וסוף קמלו:
armed: Heb. חִמֻשִׁים וַחִמֻשִׁים [in this context] can only mean “armed.” (Since He led them around in the desert [circuitously], He caused them to go up armed, for if He had led them around through civilization, they would not have [had to] provide for themselves with everything that they needed, but only [part,] like a person who travels from place to place and intends to purchase there whatever he will need. But if he travels a long distance into a desert, he must prepare all his necessities for himself. This verse was written only to clarify the matter, so you should not wonder where they got weapons in the war with Amalek and in the wars with Sihon and Og and Midian, for the Israelites smote them with the point of the sword.) [In an old Rashi]) And similarly [Scripture] says: “and you shall cross over armed (חִמֻשִׁים)” (Josh. 1:14). And so too Onkelos rendered מְזָרְזִין just as he rendered: “and he armed (וְזָרֵיז) his trained men” (Gen. 14:14). Another interpretation: חִמֻשִׁים means “divided by five,” [meaning] that one out of five (חִמִֹשָה) [Israelites] went out, and four fifths [lit., parts of the people] died during the three days of darkness [see Rashi on Exod. 10:22]. — [from Mechilta, Tanchuma, Beshallach 1] וחמשים: אין חמושים אלא מזויינים. לפי שהסיבן במדבר גרם להם שעלו חמושים, שאלו הסיבן דרך יישוב לא היו מחומשים להם כל מה שצריכין, אלא כאדם שעובר ממקום למקום ובדעתו לקנות שם מה שיצטרך, אבל כשהוא פורש למדבר צריך לזמן לו כל הצורך, ומקרא זה לא נכתב כי אם לשבר את האוזן, שלא תתמה במלחמת עמלק ובמלחמות סיחון ועוג ומדין, מהיכן היו להם כלי זיין שהכום ישראל בחרב. וכן הוא אומר (יהושע א יד) ואתם תעברו חמושים. וכן תרגם אונקלוס מזרזין, כמו (בראשית יד יד) וירק את חניכיו וזריז. דבר אחר חמושים אחד מחמשה יצאו, וארבעה חלקים מתו בשלשת ימי אפילה:
19Moses took Joseph's bones with him, for he [Joseph] had adjured the sons of Israel, saying, God will surely remember you, and you shall bring up my bones from here with you יטוַיִּקַּ֥ח משֶׁ֛ה אֶת־עַצְמ֥וֹת יוֹסֵ֖ף עִמּ֑וֹ כִּי֩ הַשְׁבֵּ֨עַ הִשְׁבִּ֜יעַ אֶת־בְּנֵ֤י יִשְׂרָאֵל֙ לֵאמֹ֔ר פָּקֹ֨ד יִפְקֹ֤ד אֱלֹהִים֙ אֶתְכֶ֔ם וְהַֽעֲלִיתֶ֧ם אֶת־עַצְמֹתַ֛י מִזֶּ֖ה אִתְּכֶֽם:
for he had adjured: Heb. הִֹשְבִּיעַ הַֹשְבֵּעַ. [The double expression indicates that] he [Joseph] had made them [his brothers] swear that they would make their children swear (Mechilta). Now why did he not make his sons swear to carry him to the land of Canaan immediately [when he died], as Jacob had made [him] swear? Joseph said, “I was a ruler in Egypt, and I had the ability to do [this]. As for my sons-the Egyptians will not let them do [it].” Therefore, he made them swear that when they would be redeemed and would leave there [Egypt], they would carry him [out]. — [from Mechilta] השבע השביע: השביעם שישביעו לבניהם. ולמה לא השביע את בניו שישאוהו לארץ כנען מיד, כמו שהשביעו יעקב, אמר יוסף אני שליט הייתי במצרים והיה סיפק בידי לעשות, אבל בני לא יניחום מצריים לעשות, לכך השביעם לכשיגאלו ויצאו משם שישאוהו:
and you shall bring up my bones from here with you: He made his brothers swear in this manner. We learn [from this] that the bones of all [the progenitors of] the tribes they brought up [out of Egypt] with them as it is said “with you” -[from Mechilta] והעליתם את עצמתי מזה אתכם: לאחיו השביע כן, למדנו שאף עצמות כל השבטים העלו עמהם, שנאמר אתכם:
20They traveled from Succoth, and they encamped in Etham, at the edge of the desert. כוַיִּסְע֖וּ מִסֻּכֹּ֑ת וַיַּֽחֲנ֣וּ בְאֵתָ֔ם בִּקְצֵ֖ה הַמִּדְבָּֽר:
They traveled from Succoth: on the second day, for on the first day they came from Rameses to Succoth. ויסעו מסכת: ביום השני, שהרי בראשון באו מרעמסס לסכות:
21And the Lord went before them by day in a pillar of cloud to cause it to lead them on the way and at night in a pillar of fire to give them light, [they thus could] travel day and night. כאוַֽיהֹוָ֡ה הֹלֵךְ֩ לִפְנֵיהֶ֨ם יוֹמָ֜ם בְּעַמּ֤וּד עָנָן֙ לַנְחֹתָ֣ם הַדֶּ֔רֶךְ וְלַ֛יְלָה בְּעַמּ֥וּד אֵ֖שׁ לְהָאִ֣יר לָהֶ֑ם לָלֶ֖כֶת יוֹמָ֥ם וָלָֽיְלָה:
to cause it to lead them on the way: Heb. לַנְחֹתָם. [The “lammed” is] vowelized with a “pattach,” which is equivalent to לְהַנְחֹתָם, like “to show you (לַראֹתְכֶם) on the way on which you shall go” (Deut. 1:33), which is like לְהַרְאֹתְכֶם. Here also, [it means] to cause to lead you (לְהַנְחֹתָם) through a messenger. Now who was that messenger? [It was] the pillar of cloud, and the Holy One, blessed be He, in His glory, led it before them. In any case, it was the pillar of cloud that He prepared so that they could be led by it, for they would travel by the pillar of cloud, and the pillar of cloud was not [meant] to provide light but to direct them [on] the way. לנחתם הדרך: נקוד פת"ח, שהוא כמו להנחותם, כמו (דברים א לג) לראותכם בדרך אשר תלכו בה, שהוא כמו להראותכם, אף כאן להנחותם על ידי שליח. ומי הוא השליח עמוד הענן, והקב"ה בכבודו מוליכו לפניהם. ומכל מקום את עמוד הענן הכין להנחותם על ידו, שהרי על ידי עמוד הענן הם הולכים, ועמוד הענן אינו לאורה אלא להורותם הדרך:
22He did not move away the pillar of cloud by day or the pillar of fire at night [from] before the people. כבלֹֽא־יָמִ֞ישׁ עַמּ֤וּד הֶֽעָנָן֙ יוֹמָ֔ם וְעַמּ֥וּד הָאֵ֖שׁ לָ֑יְלָה לִפְנֵ֖י הָעָֽם:
He did not move away: [I.e.,] the Holy One, blessed be He, [did not move away] the pillar of cloud by day or the pillar of fire at night. [This verse] tells that the pillar of cloud transmitted [its light to] the pillar of fire, and the pillar of fire transmitted [its light to] the pillar of cloud, for while one had not yet set, the other one would rise. — [from Shab. 23b] לא ימיש: הקב"ה את עמוד הענן יומם ועמוד האש לילה. מגיד שעמוד הענן משלים לעמוד האש ועמוד האש משלים לעמוד הענן, שעד שלא ישקע זה עולה זה:
Exodus Chapter 14
1The Lord spoke to Moses, saying, אוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
2Speak to the children of Israel, and let them turn back and encamp in front of Pi hahiroth, between Migdol and the sea; in front of Baal Zephon, you shall encamp opposite it, by the sea. בדַּבֵּר֘ אֶל־בְּנֵ֣י יִשְׂרָאֵל֒ וְיָשֻׁ֗בוּ וְיַחֲנוּ֙ לִפְנֵי֙ פִּ֣י הַֽחִירֹ֔ת בֵּ֥ין מִגְדֹּ֖ל וּבֵ֣ין הַיָּ֑ם לִפְנֵי֙ בַּ֣עַל צְפֹ֔ן נִכְח֥וֹ תַֽחֲנ֖וּ עַל־הַיָּֽם:
and let them turn back: to their rear. They approached nearer to Egypt during the entire third day in order to mislead Pharaoh, so that he would say, “They are astray on the road,” as it is said: “And Pharaoh will say about the children of Israel…” (Exod. 14:3). וישבו: לאחוריהם לצד מצרים היו מקרבין כל יום השלישי כדי להטעות את פרעה שיאמר תועים הם בדרך, כמו שנאמר (פסוק ג) ואמר פרעה לבני ישראל וגו':
and encamp in front of Pi-hahiroth: That is Pithom [one of the cities built by the Israelites, Exod 1:11], but now it was called Pi-hahiroth, since there they [the Israelites] became free men (בְּנֵי חוֹרִין). They [the Hiroth] are two high upright rocks, and [because there is] the valley between them [this] is called the mouth (פִּי) of the rocks. — [from Mechilta] ויחנו לפני פי החירת: הוא פיתום, ועכשיו נקרא פי החירות על שם שנעשו בני חורין, והם שני סלעים גבוהים וזקופים, והגיא שביניהם קרוי פי הסלעים:
in front of Ba’al Zephon: [Only] this was left from all the Egyptian deities in order to mislead them [the Egyptians], so they would say that their deity is powerful. Concerning this [tactic] Job explained: “He misleads nations and destroys them” (Job 12:23). — [from Mechilta] לפני בעל צפן: הוא נשאר מכל אלהי מצרים, כדי להטעותן, שיאמרו קשה יראתן. ועליו פירש איוב (איוב יב כג) משגיא לגוים ויאבדם:
3And Pharaoh will say about the children of Israel, They are trapped in the land. The desert has closed in upon them. גוְאָמַ֤ר פַּרְעֹה֙ לִבְנֵ֣י יִשְׂרָאֵ֔ל נְבֻכִ֥ים הֵ֖ם בָּאָ֑רֶץ סָגַ֥ר עֲלֵיהֶ֖ם הַמִּדְבָּֽר:
And Pharaoh will say: when he hears that they [the Israelites] are turning back. ואמר פרעה: כשישמע שהם שבים לאחוריהם:
about the children of Israel: Heb. לִבְנֵי יִשְׂרָאֵל, concerning the children of Israel. And so [the “lammed” is understood similarly in the phrase] "The Lord will fight for you (לָכֶם) (verse 14), on your behalf; [and similarly,] “say about me (לִי)” (Gen. 20:13), [which signifies] concerning me. לבני ישראל: על בני ישראל. וכן (פסוק יד) ה' ילחם לכם - עליכם, (בראשית כ יג) אמרי לי אחי הוא - אמרי עלי:
They are trapped: Heb. נְבֻכִים, locked in and sunk, and in French serrer, [meaning] press, tighten, or squeeze, like “in the deep (הַבָּכָא) valley” (Ps. 84:7); [and like] “the depths of (מִבְּכִי) the rivers” (Job 28:11); [and likewise] “the locks of (נִבְכֵי) the sea” (Job 38:16). [In his commentary on this verse, Rashi follows Menachem (Machbereth Menachem, p. 45). Rashi on Psalms and Job 28:11, however, interprets those verses as expressions of weeping, from the root בכה. See Judaica Press commentary digest on Job 28:11.] נבכים הם: כלואים ומשוקעים ובלעז שירי"ץ [לחוצים], כמו (תהלים פד ז) בעמק הבכא, (איוב כח יא) מבכי נהרות, (שם לח טז) נבכי ים. נבוכים הם כלואים הם במדבר, שאינן יודעין לצאת ממנו ולהיכן ילכו:
They are trapped: They are locked in the desert, for they do not know how to get out of it and where to go. :
4And I will harden Pharaoh's heart, and he will pursue them, and I will be glorified through Pharaoh and through his entire force, and the Egyptians will know that I am the Lord And they did so. דוְחִזַּקְתִּ֣י אֶת־לֵֽב־פַּרְעֹה֘ וְרָדַ֣ף אַֽחֲרֵיהֶם֒ וְאִכָּֽבְדָ֤ה בְּפַרְעֹה֙ וּבְכָל־חֵיל֔וֹ וְיָֽדְע֥וּ מִצְרַ֖יִם כִּֽי־אֲנִ֣י יְהֹוָ֑ה וַיַּֽעֲשׂוּ־כֵֽן:
and I will be glorified through Pharaoh: When the Holy One blessed be He wreaks vengeance upon the wicked, His name becomes magnified and glorified. So it [Scripture] says: “And I will judge against him, etc.” and afterwards [the prophet says], “And I will magnify and sanctify Myself and I will be known, etc.” (Ezek 38:22, 23) And [Scripture similarly] says: “There he broke the arrows of the bow,” [which refers to Sennacherib’s defeat,] and afterwards [i.e., the result of that], “God is known in Judah” (Ps. 76:2,4) And [Scripture similarly] says: “The Lord is known for the judgement that He performed” (Ps. 9:17). — [from Mechilta] ואכבדה בפרעה: כשהקב"ה מתנקם ברשעים שמו מתגדל ומתכבד. וכן הוא אומר (יחזקאל לח כב) ונשפטתי אתו וגו', ואחר כך (שם כג) והתגדלתי והתקדשתי ונודעתי וגו', ואומר (תהלים עו ד) שמה שבר רשפי קשת, ואחר כך (שם פסוק ב) נודע ביהודה א-להים, ואומר (שם ט יז) נודע ה' משפט עשה:
through Pharaoh and through his entire force: He [Pharaoh] initiated the sinful behavior, and [thus] the retribution started with him. — [from Mechilta] בפרעה ובכל חילו: הוא התחיל בעבירה וממנו התחילה הפורענות:
And they did so: [This is stated] to tell their praise, that they obeyed Moses and did not say, “How will we draw near to our enemies [by returning in the direction of Egypt]? We have to escape.” Instead they said, “All we have are the words of [Moses] the son of Amram.” [I.e., we have no other plan to follow, only the words of the son of Amram.]-[from Mechilta] ויעשו כן: להגיד שבחן ששמעו לקול משה, ולא אמרו היאך נתקרב אל רודפינו, אנו צריכים לברוח, אלא אמרו אין לנו אלא דברי בן עמרם:
5It was reported to Pharaoh that the people had fled; and Pharaoh and his servants had a change of heart toward the people, and they said, What is this that we have done, that we have released Israel from serving us? הוַיֻּגַּד֙ לְמֶ֣לֶךְ מִצְרַ֔יִם כִּ֥י בָרַ֖ח הָעָ֑ם וַיֵּֽ֠הָפֵ֠ךְ לְבַ֨ב פַּרְעֹ֤ה וַֽעֲבָדָיו֙ אֶל־הָעָ֔ם וַיֹּֽאמְרוּ֙ מַה־זֹּ֣את עָשִׂ֔ינוּ כִּֽי־שִׁלַּ֥חְנוּ אֶת־יִשְׂרָאֵ֖ל מֵֽעָבְדֵֽנוּ:
It was reported to Pharaoh: He [Pharaoh] sent officers with them, and as soon as the three days they [the Israelites] had set to go [into the desert] and return had elapsed, and they [the officers] saw that they were not returning to Egypt, they came and informed Pharaoh on the fourth day. On the fifth and the sixth [days after the Israelites’ departure], they pursued them. On the night preceding the seventh, they went down into the sea. In the morning [of the seventh day], they [the Israelites] recited the Song [of the Sea (Exod. 15:1-18)]. Therefore, we read [in the Torah] the Song on the seventh day, that is the seventh day of Passover. ויגד למלך מצרים: איקטורין שלח עמהם, וכיון שהגיעו לשלשת ימים שקבעו לילך ולשוב וראו שאינן חוזרין למצרים, באו והגידו לפרעה ביום הרביעי. בחמישי ובששי רדפו אחריהם, וליל שביעי ירדו לים, בשחרית אמרו שירה, והוא יום שביעי של פסח, לכן אנו קורין השירה ביום השביעי:
had a change: He [Pharaoh] had a change of heart from how he had felt [previously], for he had said to them [the Israelites], “Get up and get out from among my people” (Exod. 12:31). His servants [also] had a change of heart, for previously they had said to him, “How long will this one be a stumbling block to us?” (Exod. 10:7). Now they had a change of heart to pursue them [the Israelites] on account of the money that they had lent them. — [based on Mechilta] ויהפך: נהפך ממה שהיה, שהרי אמר להם (שמות יב לא) קומו צאו מתוך עמי, ונהפך לבב עבדיו, שהרי לשעבר היו אומרים לו (שם י ז) עד מתי יהיה זה לנו למוקש, ועכשיו נהפכו לרדוף אחריהם בשביל ממונם שהשאילום:
from serving us: Heb. מֵעָבְדֵנוּ, from serving us. מעבדנו: מעבוד אותנו:
6So he [Pharaoh] harnessed his chariot, and took his people with him. ווַיֶּאְסֹ֖ר אֶת־רִכְבּ֑וֹ וְאֶת־עַמּ֖וֹ לָקַ֥ח עִמּֽוֹ:
So he [Pharaoh] harnessed his chariot: He [did so] personally. — [from Mechilta] ויאסר את רכבו: הוא בעצמו:
and took his people with him: He attracted them with [his] words, "We suffered, they took our money, and [then] we let them go! Come with me, and I will not behave with you as do other kings. With other kings, it is customary that their servants precede them in battle, but I will precede you," as [indeed] it is said: “Pharaoh drew near” (Exod. 14:10). [This means that Pharaoh] himself drew near and hastened before his armies. "It is customary for other kings to take plunder at the beginning, as much as he [the king] chooses. [But] I will share equally with you," as it is said: “I will share the booty” (Exod. 15:9). ואת עמו לקח עמו: משכם בדברים לקינו ונטלו ממוננו ושלחנום, בואו עמי ואני לא אתנהג עמכם כשאר מלכים, דרך שאר מלכים עבדיו קודמין לו במלחמה, ואני אקדים לפניכם, שנאמר (פסוק י) ופרעה הקריב, הקריב עצמו ומיהר לפני חיילותיו. דרך שאר מלכים ליטול ביזה בראש כמו שיבחר, אני אשוה עמכם בחלק, שנאמר (שמות טו ט) אחלק שלל:
7He took six hundred select chariots and all the chariots of Egypt, with officers over them all. זוַיִּקַּ֗ח שֵֽׁשׁ־מֵא֥וֹת רֶ֨כֶב֙ בָּח֔וּר וְכֹ֖ל רֶ֣כֶב מִצְרָ֑יִם וְשָֽׁלִשִׁ֖ם עַל־כֻּלּֽוֹ:
select: Heb. בָּחוּר, chosen. [This is] a singular expression, [meaning that] every single chariot in this number was [a] chosen [chariot]. בחור: נבחרים, בחור לשון יחיד כל רכב ורכב שבמנין זה היה בחור:
and all the chariots of Egypt: And with them, all the rest of the chariots. Now where did all these animals come from? If you say [that they belonged] to the Egyptians, it says already: “and all the livestock of the Egyptians died” (Exod. 9:6). And if [you say that they belonged] to the Israelites, does it not say: “also our cattle will go with us” (Exod. 10:26). Whose were they [from if that was the case]? They [belonged] to those who feared the word of the Lord [i.e., to those who drove their servants and their livestock into the houses as in Exod. 9:20]. From here Rabbi Simeon would say, "[Even] the best of the Egyptians --[you must] kill; [even] the best of the serpents-[you must] crush its head."-[from Mechilta] וכל רכב מצרים: ועמהם כל שאר הרכב ומהיכן היו הבהמות הללו, אם תאמר משל מצרים, הרי נאמר (שמות ט ו) וימת כל מקנה מצרים, ואם תאמר משל ישראל, והלא נאמר (שם י כו) וגם מקננו ילך עמנו. משל מי היו, מן הירא את דבר ה' (שם ט כ). מכאן היה רבי שמעון אומר כשר שבמצרים הרוג, טוב שבנחשים רצוץ את מוחו:
with officers over them all: Heb. וְשָׁלִשִׁם, officers over the legions, as the Targum [Onkelos] renders. ושלשם על כלו: שרי צבאות כתרגומו:
8And the Lord hardened the heart of Pharaoh, the king of Egypt, and he chased after the children of Israel, and the children of Israel were marching out triumphantly. חוַיְחַזֵּ֣ק יְהֹוָ֗ה אֶת־לֵ֤ב פַּרְעֹה֙ מֶ֣לֶךְ מִצְרַ֔יִם וַיִּרְדֹּ֕ף אַֽחֲרֵ֖י בְּנֵ֣י יִשְׂרָאֵ֑ל וּבְנֵ֣י יִשְׂרָאֵ֔ל יֹֽצְאִ֖ים בְּיָ֥ד רָמָֽה:
And the Lord hardened the heart of Pharaoh: Because he vacillated about whether to pursue [the Israelites] or not. [So] He hardened his heart to pursue [them]. — [from Mechilta] ויחזק ה' את לב פרעה: שהיה תולה אם לרדוף אם לאו. וחזק את לבו לרדוף:
and the children of Israel were marching out triumphantly: Heb. בְּיָד רָמָה, lit., with a high hand. With lofty and openly displayed might. ביד רמה: גבורה גבוהה ומפורסמת:
---------------------
Daily Tehillim: Chapters 39 - 43
• Hebrew text
• English text
• Chapter 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
FOOTNOTES
1. A musical instrument (Metzudot).
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
FOOTNOTES
1. Upon recovery, David expresses thanks, not through sacrifices, by dedicating himself to Torah (Radak).
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
FOOTNOTES
1. A psalm intended to enlighten and impart knowledge. (Metzudot)
2. My heart aches when I remember the pilgrims from lands east of Jordan, and those from distant Hermon and Mitzar, who would travel to Jerusalem for the festivals (Radak)
3. Before one misfortune has ended, another is already upon us; as if one calls the other to come (Metzudot).
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
---------------------
Tanya: Likutei Amarim, beginning of Chapter 18
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, beginning of Chapter 18
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class
• Sunday, Shevat 7, 5776 · January 17, 2016
• Audio Class: Listen | Download
• Video Class
• Sunday, Shevat 7, 5776 · January 17, 2016
Today's Tanya Lesson
Likutei Amarim, beginning of Chapter 18
In the previous chapter the Alter Rebbe discussed the verse,1 “For this thing is very near to you, in your mouth and in your heart, that you may do it” (i.e., it is simple for you to fulfill the mitzvot with your heart, with love and awe of G‑d). He explained that through contemplating G‑d’s greatness every person can come to experience such love and awe. Not every man, to be sure, is a tzaddik, with his heart under his control. But everyone’s mind is under his control, and he can focus his mind in meditation on any subject he chooses. Even if the love and awe produced by such meditation do not make themselves felt in the heart in a revealed way, they will at least appear in his mind, and in the recesses of his heart, as an attitude of love and awe. Even this detached form of love and awe is sufficient to motivate one to observe the mitzvot, and will enable themitzvot so motivated to soar heavenward as though he had observed them with a true love and awe of G‑d actually felt in the heart.
|
But it cannot truly be said of love and awe which must be created by way of meditation, that their attainment is “verynear” to everyone. Meditation requires knowledge of the subject at hand, and intellectual predisposition. If one’s understanding of G‑d’s greatness is scant, or if he lacks the intellectual capacity for meditation, how is it “very near” to him to observe the mitzvot with love and awe of G‑d?
In the following chapters the Alter Rebbe will therefore explain an alternative method of attaining the love and awe of G‑d, a method that may be used even by one with the aforementioned shortcomings. It consists of arousing the natural love of G‑d that lies hidden in the heart of every Jew, a love that is his birthright, his inheritance from our Patriarchs. No meditation is needed to arouse it; all that is required of him is to recall and to make himself aware of this love — and he will be motivated by this recollection to observe the mitzvot. Since no meditation is required to create them, such love and awe of G‑d are indeed “very near.” They are accessible to all.
ולתוספת ביאור באר היטב מלת מאד שבפסוק: כי קרוב אליך הדבר מאד וגו׳
To explain more clearly and more precisely the word “very” in the verse,2 “For this thing is very near to you…,”
The word “very” indicates that it is an extremely simple matter to serve G‑d “with one’s heart” — with love and fear of G‑d. In the previous chapter the Alter Rebbe explained that a love of G‑d is readily attainable through meditation on G‑d’s greatness, whereby one can generate at least an “intellectual love” — tevunah. Yet it cannot be said of profound meditation that it is “very near to you.”
צריך לידע נאמנה כי אף מי שדעתו קצרה בידיעת ה׳, ואין לו לב להבין בגדולת אין סוף ברוך הוא
one should recognize with certainty that even the person who has only a limited understanding of G‑d’s greatness, so that he lacks the materials necessary for meditation, and he has no heart to comprehend the greatness of the blessed infinite G‑d — his mind and heart are not suited to meditation, so that he lacks the tools of meditation,
להוליד ממנה דחילו ורחימו, אפילו במוחו ותבונתו לבד
to produce, through meditation, a fear and love even in his mind and understanding alone — how much more so is he unable to produce a vibrant, fervent love and fear:
אף על פי כן קרוב אליו הדבר מאד לשמור ולעשות כל מצות התורה, ותלמוד תורה כנגד כולן
yet it is a “very near thing” for him to guard himself from transgressing the prohibitive commandments, through a fear of G‑d, and to practice the positive commandments, which require a love of G‑d — these together comprising all the commandments of the Torah, and in particular the study of Torah which counterbalances them all.
בפיו ובלבבו ממש, מעומקא דלבא באמת לאמיתו, בדחילו ורחימו
He can fulfill all this in his mouth and in his heart — in the true sense of “heart” — that is, not only in the superficial sense of the word “heart,” which means to say “in his thoughts”; but in the true sense of “with heart” — namely, “with feeling,” from the depths of his heart, in absolute sincerity, with love and fear, as opposed to the tevunah-emotions, which cannot properly be called love and fear; they are so designated only insofar as they motivate one’s actions.
The love and fear of which the Alter Rebbe will now speak are emotions in the fullest sense of the word. But how can one acquire a true love and fear of G‑d if he is incapable of meditation? In answer, the author continues:
שהיא אהבה מסותרת שבלב כללות ישראל שהיא ירושה לנו מאבותינו
This is the hidden love present in the heart of all Jews, which is an inheritance to us from our Patriarchs.
Since every Jew already possesses this love as an inheritance, he need not create it through meditation; all that is required of him is that he arouse it and implement it in his observance of the mitzvot. In order to explain how one goes about doing so, the author first discusses the characteristics of this love.
רק שצריך לבאר ולהקדים תחלה באר היטב שרש אהבה זו ועניינה
But we must first preface a clear and precise explanation of the origin of this love, i.e., which level of the soul it stems from, and its character, i.e., what sort of striving this love constitutes.
There is a love of G‑d which seeks a unity with G‑d while still remaining a separate entity — a soul clothed in a body; there is another kind of love which is a yearning for self-extinction; and so forth. What drive is contained in this love which is our inheritance?
ואיך היא ירושה לנו, ואיך נכלל בה גם דחילו
Also, how did this love become our inheritance? How does one inherit a love? And how is fear also incorporated in it?
For, as stated previously, observance of the prohibitive commandments requires a fear of G‑d. Therefore, the statement that the hidden love in every Jew will lead him to observe all the commandments, implies that this love also contains an element of awe.
| FOOTNOTES | |
| 1. | Devarim 30:14. |
| 2. | Devarim 30:14. |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Sunday, Shevat 7, 5776 · January 17, 2016
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 171
Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Full text of this Mitzvah »
Positive Commandment 153
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
The establishment of new months and leap years must be done during daylight hours.
A year must be comprised of complete months; a month must be comprised of complete days.
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Sunday, Shevat 7, 5776 · January 17, 2016Today'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 171
Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Full text of this Mitzvah »
Giving a Half Shekel
Positive Commandment 171
Translated by Berel Bell
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, "[Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
FOOTNOTES
1.Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2.Ex. 30:12-13.
-------------------------------------------------------------Positive Commandment 153
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
The establishment of new months and leap years must be done during daylight hours.
A year must be comprised of complete months; a month must be comprised of complete days.
Full text of this Mitzvah »
Calculating Months and Years
Positive Commandment 153
Translated by Berel Bell
The 153rd mitzvah is that G‑d (exalted be He) commanded us to calculate the months and years.1 This is the mitzvah of Kiddush HaChodesh (Sanctifying the Moon).
The source of this commandment is G‑d's statement2 (exalted be He), "[And G‑d said to Moshe and Aharon in the land of Egypt,] 'this month [Nissan] shall be the head month to you.' "
In their explanation of this mitzvah, the Sages said,3 "This testimony is given lochem ["you", plural]."4 The meaning of this statement: This mitzvah is not incumbent on every individual as is Shabbos, for example, where every single individual counts six days and rests on the seventh. In our case, it would mean that every individual who sees the appearance of the new moon would consider that day Rosh Chodesh [the first of the month]; Or that an individual could use the Torah-approved calculations to himself determine Rosh Chodesh; Or that he could himself estimate that the produce would not yet ripen [by Pesach]5, or consider any of the other factors6 which are used in determining [the calendar] — and then [himself declare a leap year and] add a month!
However, this mitzvah can only be performed by the Bais Din Hagadol, and only in Eretz Yisroel7. Therefore, since today there is no Bais Din HaGadol, we no longer determine the months on the basis of testimony, just as we no longer bring sacrifices because there is no Holy Temple.
The group of heretics known here in the East8 as Karaites have erred in this principle.9 Not even all of the Rabbis have grasped it, and as a result, grope around with them together in deep darkness.10
One must understand that the calculations which we use today to know11 when Rosh Chodesh and the holidays occur, may only be done in Eretz Yisroel. Only in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel, is it permissible to declare a leap year or determine Rosh Chodesh outside Eretz Yisroel — as Rabbi Akiva did, as explained in the Gemara.12 This is a very extreme measure, and it is well known that in the majority of cases, it was done only in Eretz Yisroel. They [i.e. the Sages in Eretz Yisroel] are the ones to establish the months and declare a leap year, when they gather together and use the accepted methods.
There is a very important principle upon which the Torah's perspective13 on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outside Eretz Yisroel use our system to make calculations and we declare that "this day is the first of the month," and "this day is a holiday," does not in any way mean that we are making this day based on our calculations. Rather, it is because the Bais Din in Eretz Yisroel has already established that the day is a holiday or Rosh Chodesh. The day becomes a holiday or Rosh Chodesh upon their declaration, "Today is Rosh Chodesh, or "Today is a holiday"; regardless of whether they based their actions on calculations or testimony.14
This [that the Bais Din HaGadol in Eretz Yisroel has absolute authority] is known to us through the verse15, "[Speak to the Israelites and tell them, 'These are the holidays] that you shall designate.' " Our Sages explain16, "These are the only holidays." The meaning of this statement, as passed down in the Oral Tradition: whatever they [i.e. the Bais Din] designate as holidays are considered holidays, even if they made an error, were forced [into making a declaration], or misled.
The calculations which we make today are only to know which day they established in Eretz Yisroel, since they use the exact same system to make calculations and to determine the day – not testimony. Therefore, we are really basing ourselves on their determination, rather than our own calculations, which are only used to reveal [what they already determined previously]. One must clearly understand this.
I will give some additional explanation: let us assume, for example, that there would be no Jewish inhabitants in Eretz Yisroel (G‑d forbid such a thing, since He has already promised that he will never completely wipe out or uproot the Jewish nation17); that there would be no Bais Din there, nor a Bais Din outside Eretz Yisroel which had been ordained in Eretz Yisroel. In such a case, our calculations would be totally futile,18 since we, who dwell outside Eretz Yisroel, may not make the calculations, nor declare leap years nor establish the months without the conditions mentioned above,19 since, "For from Zion shall go forth the Torah, and the word of the L‑rd from Jerusalem."20 A person who fully understands the words of the Talmud in this subject will, upon meditation, undoubtedly agree with the abovementioned.
The Torah contains brief references to the basic principles which are relied upon to know when Rosh Chodesh and the leap years occur. Among them: "This law must therefore be kept at its designated time (l'moadah)."21 Our Sages said,22 "This teaches you that one may add on to the leap year only close to the holiday" [moed, i.e. Pesach23].
They also said,24 "From which verse do we derive that only during the daytime may we officially add on to the month or officially declare Rosh Chodesh? From the verse,25 'miyamim yamimah.' "26
[So too,] G‑d's statement27 (exalted be He), "[This month shall be the head month to you; the first month] of the months of the year." On this our Sages said,28 "The year must be composed of months, not of [odd] days", meaning that when adding on to the year, a complete month must be added.29
There is also a verse,30 "a month of days." Our Sages commented,31 "the month must be composed of days, not of [odd] hours". [So too] the verse,32 "safeguard the month of Aviv,"33 which implies that in calculating the year we must take into account the seasons. Therefore, they shall be years [based not only on the moon but also] based on the sun.
All the details of this mitzvah have been completely explained in the first chapter of Sanhedrin,34 in tractate Rosh Hashanah,35 and in Berachos.
FOOTNOTES
1.The lunar month has approximately 29 1/2 days. Since, as mentioned later in this mitzvah, a month may only consist of complete days, one must determine whether a particular month has 29 or 30 days. This could be done either by witnesses, who testified that they saw the moon appear on the 30th day, or by making the astronomical calculations.
In addition, the holidays must fall out in the proper season: Pesach in the spring, etc. Since the lunar year is only 354 days and the solar year 365 days, each lunar year is 11 days short. Therefore, an additional lunar month must be periodically added in order to maintain the proper timing of the holidays.
2.Ex. 12:2.
3.Rosh Hashanah 22a.
4.I.e. to Moshe and Aharon. In later generations, it applies to the most important heads of the generation. See Rashi, ibid.
5.This would be a sign that Pesach is too early and therefore a month must be added.
6.Such as the spring solstice falling out later than the 16th of Nissan.
7.Unless there is no Sage in Eretz Yisroel of sufficient stature. See below.
8.I.e. Egypt. See Heller edition, note 10.
9.And therefore, even in the Rambam's times, they attempted to do this mitzvah by determining the calendar on the basis of testimony, each location individually. See Yad Halevi, note 8.
10.Trying to disprove the Karaites with faulty reasoning — saying, for example, that the primary mitzvah is to base everything on calculations, rather than testimony, even when the Bais Din HaGadol was in existence (unlike the Rambam's reasoning). See Kapach, 5731, note 40. The Rambam therefore proceeds to explain the function of the calculations.
11.See below for the preciseness of this wording — that today we use the calculations only to "know" what was previously established, not to ourselves establish Rosh Chodesh.
12.Berachos 63a.
13.This phrase can also be translated, "full understanding." See Kapach, 5731, note 44.
14.See note below regarding today's situation, where there is no Bais Din Hagadol in Eretz Yisroel.
15.Lev. 23:2.
16.Rosh Hashanah 25a.
17.For the source of this statement, see Tzafnas Paneach; Yermiyahu 31:35-36 and Guide to the Perplexed Part II, ch.28 (quoted in Kapach, 5731, note 51.)
18.The Ramban asks, if so, how can we have holidays and a calendar today?
However, there is a tradition (see Rashba, responsa, Vol.4, No.254) that Hillel HaNassi, in Eretz Yisroel, established a calendar until the arrival of Moshiach. Therefore, we can use our calculations to determine exactly what was previously established. According to many commentaries (see, for example, Megillas Esther; Chinuch) this is also the opinion of the Rambam. However, see Avnei Nezer, Orach Chaim, 310, 311; Maharam Shick, Mitzvah 4; Chasam Sofer, Yoreh Deah, 234.
19.I.e. in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel.
20.Yeshayahu 2:3.
21.Ex. 13:10.
22.Mechilta D'Rashbi.
23.The extra month of the leap must be an additional Adar, right before Nissan, the month of Pesach.
24.Mechilta D'Rashbi.
25.Ex. 13:10.
26.Literally, "from day to day." The standard translation of this verse, however, is "from year to year," or "every year."
27.Ex. 12:2.
28.Megilah 5a.
29.Unlike the solar leap year, where one day is added.
30.Num. 11:21.
31.Megillah 5a.
32.Deut. 16:1.
33.I.e. the spring solstice.
34.11a.
35.20a.
------------------------------------------------------------
• 1 Chapter: Maaser Maaser - Chapter 9 • English Text | Hebrew Text | Audio: Listen | Download | Video Class
• Maaser - Chapter 9
Audio: Listen | Download | Video Class• Maaser - Chapter 9
Halacha 1
In the age of Yochanan the High Priest who served after Shimon the Just,1the High Court sent emissaries who searched throughout the entire territory of Israel. They discovered that everyone was careful with regard to the greatterumah2and would separate it. But with regard to the first tithe, the second tithe, and the tithe for the poor, the common people among Israel would be lax and would not separate it.3 Therefore [the Sages] decreed that only the word of trustworthy people4 would be relied upon with regard to tithes.5 [The status of the produce of] the common people, by contrast is doubtful. We do not rely on them if they say that they separated the tithes. This is called demai.6
Halacha 2
They ordained that a person should separate only terumat ma'aser from thedemai, for it is a transgression punishable by death and the second tithe, for there is no loss in doing so since the owner partakes of it. One need not, however, separate the first tithe or the tithe for the poor from demai because [the obligation] is doubtful and [whenever one desires] to expropriate property from a colleague, the burden of proof is on him. Therefore he tells the Levite or the poor person:7 "Bring proof that it is not tithed," and then take the tithes.
Halacha 3
Even though one does not separate the tithe for the poor from demai, it is necessary to designate it without separating it. One says: "A tenth of what is here is the tithe for the poor. [This is done] to firmly establish [the obligation of] the second tithe.8 For the tithe for the poor is given in the third and sixth years instead of the second tithe given in the other years of the Sabbatical cycle.
Halacha 4
Halacha 5
How should tithes be separated from demai? One should set aside an amount equivalent to the measure of terumat ma'aser, i.e., one hundredth of the entire amount, and place it next to the produce and say: "This is the tithe as is the remainder of the tithes that are adjacent to it." He then says: "This [portion] which I [first] set aside as the tithes, is terumat ma'aser for the remainder of the tithes that are adjacent to it."11 He then takes it and gives it to a priest.12This order is required, because, as an initial and prefatory measure, it is forbidden to separate terumat ma'aser before the tithes themselves.13Afterwards, he should separate the second tithe.
Halacha 6
It is permissible to set aside the second tithe before the first tithe [when tithing]demai.14 If one desires,15 he should say: "The second tithe of this produce is located in the northern portion - or the southern portion - of the produce and its [holiness] is transferred to this money."16
Similarly, a person who purchases a loaf of bread from a baker17 should separate18 from it the amount to be separated as terumat ma'aser and aschallah,19and say: "The one hundredth of [the total] that is here is [part of] the tithes as well as the remainder of the tithes that are next to it.20 May this portion that I set aside as tithes, serve as terumat ma'aser for the remainder of the tithes that are next to it. The remainder of what I set aside that exceeds one hundredth of the total is challah and the second tithe in its northern - or southern - portion, and its [holiness] is transferred to this money." He may then partake [of the bread].
Halacha 7
Similarly, if a person invites a colleague to dine with him [on the Sabbath]21and [the guest] does not trust [the host] with regard to the separation of the tithes,22[the guest should do the following]: On Friday, he should say: "[The produce] that I will separate tomorrow is [part of] the tithes, as is the remainder of the tithes which are adjacent to it. That portion which I [first] designated as the tithes is terumat ma'aser for the remainder which is adjacent to it. The second tithe in its northern - or southern - portion, and its [holiness] is transferred to [this] money."
[This is permitted,] because a person may make such stipulations with regard to demai even though it is not in his possession.23 When, however, we are certain [that the tithes have not been separated,] he may make stipulations only concerning produce that is in his possession.
Halacha 8
What is implied?24 If, [on Friday,] he had 100 figs that were tevel in his home and he is in the house of study or in the field25 and he is afraid that night will fall and he will not be able to tithe the produce on the Sabbath, he should say: "The two figs that I will separate are terumah. The ten that I will separate after them are the first tithe. And the nine that I will separate after them are the second tithe." On the morrow, he makes these separations and may then partake [of the figs].26
Halacha 9
Halacha 10
If a common person gave him a cup [of wine] to drink [on the Sabbath], he should say:32 "What I will leave in the bottom of the cup is [part of] the tithes,33as is the remainder of the tithes which are adjacent to it. That portion which I [first] designated as the tithes is terumat ma'aser for the remainder which is adjacent to it. The second tithe is located at the brim of the cup and its [holiness] is transferred to the money."34 He may then [drink] the cup, leaving a portion equivalent to [the amount to be separated as] terumat ma'aser35 in the bottom of the cup.
Halacha 11
Similarly, if a colleague invites him to drink on the Sabbath,36 he should make such a stipulation on Friday with regard to everything that he will desire to partake of at his [home].
Similarly, when a worker does not trust his employer [with regard to the tithing of the food that he is given],37 he should take one fig and say:38 "This and the nine which follow are considered as tithes for the 100 that I will eat. This one is considered as terumat ma'aser for the ten39 that follow. The ten40 that follow after that are considered as the second tithe and their [holiness] is transferred to [this] money." He then takes the fig that he set aside and gives it to the priest.
Halacha 12
[Our Sages] did not obligate bakers to separate the second tithe [from grain] that is demai,43 only terumat ma'aser. It is separated in a state of ritual purity together with the challah. The purchaser must separate the second tithe.44
When does the above apply? To one who sells in his store or at the entrance to his store. If, however, he sells it to a wholesale baker or to a store adjacent to a wholesale baker,45 he is obligated to separate the second tithe as well.
Halacha 13
[The following rules apply when] two people harvested their vineyards into a common vat, and one of them is not trusted with regard to the tithes. Even though the one who is trusted [with regard to the tithes] already tithed his own produce,46 when he takes his portion of the wine, he is obligated to separate tithes as one does for demai for the portion of the common person.47
What is implied? If they were equal partners and one takes 200 log as his portion, he should separate one log as terumat ma'aserand ten48log as the second tithe for the 100 log [of the common person]. [This is all that is required,] for he already separated the tithes for the produce that was definitely not tithed for half of the entire quantity in the vat.49 Similarly, if his share was a third or a fourth, he must separate [the tithes from the produce he takes] proportionately.50
| FOOTNOTES | |
| 1. |
I.e., not the Hasmonean High Priest of that name who became a Sadducee (Kessef Mishneh).
|
| 2. |
Since it is punishable by death at the hand of heaven, people were meticulous in separating it [the Rambam's Commentary to the Mishnah (Demai 1:1).
|
| 3. |
The majority of the common people would separate the tithes as well. Nevertheless, because there was a significant minority who did not, our Sages imposed this stringency.
|
| 4. |
See Chapter 10, Halachot 1-2.
|
| 5. |
I.e., if such people say that their produce was tithed, we accept their word.
|
| 6. |
The name demai is a composite of the Aramaic words da mai, meaning "This, what is its status?" (Radbaz).
See also Hilchot Berachot 1:20 which states that it is necessary to recite a blessing before partaking of demai. That indicates that although our Sages ordained that one should separate the tithes before partaking of it, they did not consider partaking of it an outright prohibition. For if so, reciting a blessing would not be in place.
|
| 7. |
I.e., to whom these tithes would be given.
|
| 8. |
I.e., the Sages ordained this stringency with regard to the tithe for the poor, so that the people will be careful in their observance of the second tithe.
|
| 9. |
Although one's observance fulfills a decree of our Sages and blessings are recited for the observance of Rabbinic commandments, e.g., the recitation of Hallel, lighting Shabbat and Chanukah candles, washing hands, and the like, a blessing is not recited in this instance, because this obligation was instituted only because of doubt, not as a practice with inherent positive virtue.
|
| 10. |
I.e., were a blessing required, one would be forbidden to separate it in such a state, because a blessing could not be recited [the Rambam's Commentary to the Mishnah (Demai 1:4)].
|
| 11. |
The Radbaz emphasizes that he need not set the remainder of the tithes aside. Indeed, he continues, doing so would be an indication that he should give this produce to the Levite.
|
| 12. |
As a present. There is reason to say that since the matter is one of doubt, one is not required to give it to the priest, but instead, could sell it to him, our Sages ordained that it be given away. See the commentaries to Sotah 48a.
|
| 13. |
See Hilchot Terumot 3:23.
|
| 14. |
Generally, the tithes must be separated in the appropriate order (ibid.). An exception is made with regard to demai, for the obligation to separate it is only a Rabbinic stringency (the Jerusalem Talmud, Demai 1:4). See also Hilchot Ma'aser Sheni 11:13.
|
| 15. |
i.e., if rather than partaking of the produce in Jerusalem as is required with regard to the second tithe, he chooses to redeem it, transferring its holiness to money. That money should be taken to Jerusalem and used to purchase food there. See Hilchot Ma'aser Sheni, chs. 4-5.
|
| 16. |
I.e., it is not necessary to actually take this produce to Jerusalem and partake of it as the second tithe. Instead, its holiness could be transferred to money and
|
| 17. |
I.e., a baker who is a common person in whose instance the precautions concerning demai must be taken.
|
| 18. |
In his Commentary to the Mishnah (Demai 5:1), the Rambam states that one should separate this portion from the loaf. Instead, one should slice a piece from the loaf, without cutting the slice away entirely. The commentaries question whether this is the intent here or that here, the Rambam changed his mind and is speaking of a complete separation.
|
| 19. |
As stated in Hilchot Bikkurim 5:1-2, before one is permitted to partake of bread, one must separate a portion as challah. According to Scriptural Law, there is no minimum amount required for this separation. According to the Rabbis, a private person must separate one twenty-fourth of the loaf and a baker one forty-eighth. In this instance, the latter amount should be separated together with one hundredth for terumat ma'aser.
|
| 20. |
As in Halachah 5.
|
| 21. |
When it is forbidden to separate tithes (Hilchot Shabbat 23:14).
|
| 22. |
Although a person who is meticulous in his observance of the tithes should not eat in a common person's home (Chapter 10, Halachah 1), it can be explained that this is speaking about an instance where the person accepted the invitation without knowing that the host was not meticulous in his observance of the mitzvah. We are, however, speaking about a situation where the guest merely suspects that his host is not meticulous in his observance. If he is certain that he is not meticulous, different rules apply, as the Rambam states in the final clause of the halachah. The leniencies to follow were granted only for the sake of the Sabbath, but not during the week.
|
| 23. |
This leniency is granted because the obligation to make these separations is Rabbinic in origin.
|
| 24. |
I.e., how can a stipulation be made before the Sabbath for produce that we know is tevel to be tithed on the Sabbath?
|
| 25. |
And thus he cannot physically separate them before the onset of the Sabbath.
|
| 26. |
He may not, however, partake of the figs and then leave the tithes. The rationale is that in questions of Scriptural Law, the principle of bereirah is not applied and we do not consider it as if the separation that he will ultimately make was made from the outset [the Rambam's Commentary to the Mishnah (Demai 7:5)]. See also Chapter 1, Halachah 9.
|
| 27. |
Stating that he had made a stipulation on the previous day.
|
| 28. |
The reason it is forbidden to separate tithes on the Sabbath.
|
| 29. |
If, however, such a stipulation was not made before the onset of the Sabbath, it is forbidden to move the tevel. Since it is forbidden to partake of it on the Sabbath, it is comparable to a stone (Hilchot Shabbat 25:19).
|
| 30. |
Since after the separations will be made, it will be permitted to partake of it, one never diverted his attention from using it on the Sabbath.
|
| 31. |
Even if the tithes have not been taken away from the produce, since they have already been separated and their place is distinct, it is as if they have been separated already. We do not have to rely on the principle of bereirah (Radbaz).
|
| 32. |
This is an extension of the principles stated in Halachah 7. In this instance as well, the common person had invited him to dine with him on the Sabbath and thus he was unable to make the separations before the Sabbath.
|
| 33. |
Since demai is a Rabbinic decree, we may rely on the principle of bereirah, that a separation made afterwards is retroactively considered as if was made beforehand. Thus the wine in the cup is not considered as tevel even though the tithes were not actually separated until later [the Rambam's Commentary to the Mishnah (Demai 72:2)].
|
| 34. |
I.e., the money he has set aside at home for the redemption of the second tithe.
|
| 35. |
1/100th of the cup.
|
| 36. |
The Radbaz questions why the Rambam deviates from the wording used by the Mishnah (Demai7:1) which speaks of a person inviting a colleague to dine.
|
| 37. |
We are speaking about a situation in which the worker is entitled to partake of the produce as a result of a contractual stipulation and not because the Torah gives him the right to do so. See Chapter 5, Halachah 9.
|
| 38. |
In contrast to the previous halachot, this is not speaking about a situation where the person partakes of the food on the Sabbath. Instead, it is speaking about a situation during the week and the separation is made at the time the tithes are designated.
|
| 39. |
Actually, the nine.
|
| 40. |
Here also, the intent is nine. See Chapter 7, Halachah 1.
|
| 41. |
Since he will use this money for food in Jerusalem, he will not suffer a loss by separating it from his own.
|
| 42. |
I.e., the worker is entitled to take an extra fig from the employer as reimbursement for the produce he gives the priest as terumat ma'aser.
|
| 43. |
In his Commentary to the Mishnah (Demai 2:4, based on Yoma 9a), the Rambam writes that this leniency was instituted because the local officials would keep steady watch over the bakers and regulate their sales, preventing them from charging higher prices. In consideration of their position, our Sages did not require them to separate the second tithe.
|
| 44. |
For he will not be suffering a loss, for he will use the money from the second tithe to purchase food in Jerusalem. For the baker, however, making this separation would be a severe loss, for he would never spend all the money for the grain he uses on his own provisions in Jerusalem.
|
| 45. |
In which instance, the initial baker is not pressured to lower his price to the same degree.
|
| 46. |
I.e., they divided the grapes originally and he tithed his grapes before they were crushed and made into wine.
|
| 47. |
I.e., he must separate tithes for the share of his partner.
|
| 48. |
Actually, the nine.
|
| 49. |
We assume that each drop of wine is equally blended between the tithed portion and the portion that is demai. Thus the share to be tithed is no more than half the amount the person is taking, for he already separated the tithes for his own share.
In his gloss to this halachah, the Ra'avad questions the Rambam's ruling, noting that the restrictions regarding demai are Rabbinic in origin and that the principle of bereirah can be applied in questions of Rabbinic Law. Hence, based on this principle, we could say that retroactively, it could be considered that when the person separated the tithes for his portion, he was separating the tithes for the portion that he would ultimately receive.
The Ra'avad explains that it is possible to say that this principle is not applied as a penalty to the person. He is penalized, because he should not have mixed his produce with that of a common person. The Radbaz amplifies this explanation, stating that by mixing his produce together with that of a common person he caused the terumat ma'aser that will be separated to become impure. The Kessef Mishneh explains that initially when the separation was first made, the two batches of produce were not mixed together. Hence, it is not appropriate to say that the separation he is making now will affect the entire quantity.
If, however, they were full partners and did not make a division until the wine was produce, the person who is conscientious in his observance need not separate more than the tithes for his own portion. There is no need for him to be concerned about the share of the common person. For within this context, we apply the principle of bereirah and assume that retroactively, each one is receiving his own share and hence has no responsibility for the share of his colleague.
|
| 50. |
If his share of the produce was one-third, he would have separated that amount of the total yield. Thus he would have to tithe two-thirds of the produce he receives.
|
---------------------
• 3 Chapters: Shekalim Shekalim - Chapter Four, Kiddush HaChodesh Kiddush HaChodesh - Chapter One, Kiddush HaChodesh Kiddush HaChodesh - Chapter Two
• English Text | Hebrew Text | Audio: Listen | Download• Shekalim - Chapter Four
Audio: Listen | Download• Shekalim - Chapter Four
Halacha 1
What [are the funds in] terumat halishcah1 used for? From [these funds] they would purchase the daily offerings sacrificed every day, the additional offerings [sacrificed on Sabbaths, Rashei Chodashim and festivals], all other communal sacrifices, and the wine libations [that accompany them].
Halacha 2
In contrast, [the funds to purchase] a bull brought as a sin offering [for a transgression performed by the community due to] lack of awareness, and the goats [offered by the community for transgressing the prohibition against] the worship of false divinities should be collected [from communal donations], and should not be purchased [with the funds of] terumat halishcah.
The curtains before the Sanctuary replaced a [permanent] structure.6Therefore, they should not be purchased [with the funds of] terumat halishcah, but rather [with funds that were] consecrated for bedek habayit["the upkeep of the Temple"]. The curtains covering the gates, by contrast, should be purchased [with the funds of] terumat halishcah.
It is ordained that [the funds necessary to fashion] the menorah and the other sacred articles should come from [the funds stemming from] the remainder of the libations. In Hilchot Klei HaMikdash V'Ha'ovdim Bo (the "Laws Governing the Temple Vessels and Those Who Serve Within"),7 the term "the [funds stemming from] the remainder of the libations" will be explained.8 If, however, no such funds are available, [the funds necessary for] these [sacred articles] should come from terumat halishcah.
[The funds necessary to fashion] the priestly garments, those of the High Priest and those of all the other priests who serve in the Temple should come from terumat halishcah.
Halacha 3
All the animals that are found in Jerusalem or its outskirts should be sacrificed as burnt offerings, as stated in [Hilchot] Pesulei HaMukdashim [the "Laws Governing Consecrated Animals That are Unfit"].9 The wine libations for these offerings should come from terumat halishcah.10
Similarly, if a gentile sent a burnt offering11 from another land, and did not send with it the funds for a wine libation, the wine libation should come from terumat halishcah.
Halacha 4
[The following laws apply when] a convert12 dies and leaves [animals designated as] offerings. If he also designated wine [or funds for] their wine libations, they should come from [what he designated]. If not, they should come from terumat halishcah.
When a High Priest dies, and a successor is not appointed [immediately], we should [pay] for the chavitin offering13 from terumat halishcah.14
The [Rabbis who] inspect blemishes [on first-born animals]15in Jerusalem, the Sages who teach16 the laws of ritual slaughter and the laws of taking a handful from the meal offering, and the women who raise their sons to take part in the offering of the red heifer17 all receive their wages from terumat halishcah.
What would their wages be? An amount decided by the court.
Halacha 5
In a Sabbatical year, when [the produce of the fields] is ownerless, the court hires watchmen to protect some of the produce that grows on its own,18 so that it will be possible to offer the omer [of barley]19 and the two loaves of bread,20for these offerings may come only from the new harvest. These watchmen receive their wages from terumat halishcah.
Halacha 6
Should a person volunteer to watch the produce without charge, his offer is not accepted, lest men of force come and take it. [To prevent this,] the Sages ordained that the watchmen be paid from the funds of the Temple treasury. [This] will prompt everyone to avoid that place where the guards are posted.21
Halacha 7
Scribes who check Torah scrolls in Jerusalem and judges in Jerusalem who preside over cases of robbery receive their wages22 from terumat halishcah.
Halacha 8
Both the ramp that was built from the Temple Mount to the Mount of Olives, on which the red heifer was led [to the Mount of Olives],27 and the ramp on which the goat sent to Azazel was led [outside the city28 were paid for] fromsheyarei halishcah.29
Similarly, [any improvements necessary for] the altar for the burnt offerings, the Temple building, or the Temple courtyards [were paid for] from thesheyarei halishcah.30 The water conduit, the walls of Jerusalem, its towers, and all the needs of the city [were paid for] from the sheyarei halishcah.
Should a gentile, even a resident alien,31 offer to donate money for these purposes, or to labor in these projects without charge, [his offer] should be rejected, for [Ezra 4:3] states: "It is not for you, together with us, to build [the House of our Lord," and [Nechemiah 2:20] states "And you have no portion, right, or memorial in Jerusalem."
Halacha 9
[The funds remaining from] terumat halishcah and sheyarei halishcah should be used to purchase male animals to be sacrificed as burnt offerings. For it is a condition made by the court that all the remaining funds be used for burnt offerings.32
They are not, however, used to purchase doves for burnt offerings, for doves are never used for communal sacrifices. These burnt offerings that come from the funds remaining from the collection of the shekalim are referred to as "the dessert of the altar."33
Halacha 10
Should the [collection from the half-]shekalim not be sufficient [to purchase everything necessary] for all the communal sacrifices, the [funds for] whatever is necessary should be taken from [the articles] consecrated forBedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure.34
[The converse, however, does not apply. When improvements are necessary, but the resources of] Bedek HaBayit are lacking, [the improvements] should not [be paid for] from funds consecrated for [sacrifices for] the altar.
Halacha 11
From Rosh Chodesh Nisan onward, the communal offerings should be brought from the new collection [of shekalim].35 If, however, [the funds from] the new collection have not reached [the Temple treasury], [funds from] the collection of the previous year may be used.36
Therefore, [the following rule should be applied] if there are animals designated for the daily offerings37 that were purchased from the collection of the previous year when Rosh Chodesh Nisan arrives: They should be redeemed38 and used for mundane purposes,39 despite the fact that they are unblemished. The proceeds should be placed in the collection of funds from the previous year that are used to provide "dessert"40 for the altar. [This is possible because the] court made a stipulation that should there be no need for any of the animals purchased for the daily offerings, it would be possible to [redeem the animals and] use them for mundane purposes.
Halacha 12
After Rosh Chodesh Nisan arrived, the following [procedure] would be adhered to concerning the remainder of the incense offering:41 They would transfer the consecrated quality [of the incense] to [the funds designated] to be given to the artisans [who prepared it] as their wages. These funds were then used for "the dessert of the altar," and the artisans would take the remainder of the incense offering as their wages.42 Afterwards, they would buy back the incense from [the artisans] with money from the new collection [of shekalim]. If the funds from the new collection had not arrived, they would offer the incense [purchased with funds] from the collection of the previous year.
| FOOTNOTES | |
| 1. |
As mentioned in Chapter 2, Halachah 4, this term refers to the funds collected from the half-shekalim and placed in the three large baskets. In addition, other funds remained from the half-shekalim in this chamber, and the Temple treasury had other funds from other sources.
|
| 2. |
This applies even to the private offerings that people would bring. A person was not required to bring the salt (or wood) to be used for his sacrifice (Hilchot Issurei Mizbe'ach 5:13).
|
| 3. |
As mentioned in Hilchot Klei HaMikdash 6:9, certain families were given the privilege of providing the wood for the altar in the Temple. If, however, the wood they brought did not suffice, additional wood would be purchased from the funds in the Temple treasury.
|
| 4. |
See also Halachah 12.
|
| 5. |
Note the Mishneh LaMelech, which states that the text contains a printing error, and that the scarlet thread is a reference to the scarlet thread used in the ceremony of the burning of the red heifer. There are, however, later commentaries that justify the standard text.
|
| 6. |
Based on Rashi, Ketubot 106a, it appears that this refers to the two curtains that separated the Sanctuary from the Holy of Holies. In the First Temple, a wall served this function. The Second Temple was much taller than the First Temple (100 cubits, as opposed to 30), and a wall only a cubit thick and 100 cubits high would not be structurally sound. Therefore, the Sages replaced the wall with two curtains. See Hilchot Beit HaBechirah 4:2. Since these curtains replaced a structure of stone, they were governed by different rules from those governing the other curtains in the Temple. Among the differences was that they were not paid for from these funds.
|
| 7. |
One of the 83 sections of the Mishneh Torah; the second section of Sefer HaAvodah, "the Book of Divine Service."
|
| 8. |
In Chapter 7, Halachah 13 of those laws, the Rambam writes that the prices for the wine for the libations and the flour for the meal offerings are fixed with the suppliers every thirty days. If the price for these commodities increases on the general market, the suppliers are still obligated to provide the Temple with the commodities at the price agreed upon previously. If, however, the price for them decreases on the general market, the suppliers must sell them to the Temple at their present market value. The profit realized by the Temple treasury in this manner is referred to as "the [funds stemming from] the remainder of the libations."
Significantly, however, in those laws the Rambam mentions that these funds are used to purchase burnt offerings, and does not mention that they were used to fashion the sacred articles. The commentaries resolve this discrepancy by stating that only rarely was it necessary to purchase sacred articles. Hence, these funds were primarily used for the purchase of burnt offerings.
|
| 9. |
Chapter 6, Halachah 18.
|
| 10. |
Shekalim 7:5 relates that the Temple officers would originally require the person who discovered the animal to bring the wine libation that accompanied it. When this led to a negative outcome, they decided to have the wine libations brought from communal funds.
|
| 11. |
For the burnt offering sent by a gentile may be sacrificed in the Temple (Hilchot Ma'aseh HaKorbanot 3:2). Were the gentile to send wine for the libations, it would not be acceptable (ibid.:5).
|
| 12. |
I.e., a convert without Jewish heirs. If he has heirs, and similarly for a native-born Jew who dies after having designated animals as offerings, the heirs are required to supply the wine libations.
|
| 13. |
A meal offering resembling a pancake, brought daily by the High Priest.
|
| 14. |
The Kessef Mishneh notes a contradiction between the Rambam's statements here and those inHilchot Temidim UMusafim 3:22, where he states that the High Priest's meal offering should be brought by his heirs after he dies. (It must be noted that a similar contradiction can be found in the Rambam's Commentary on the Mishnah. In his commentary on Shekalim 7:5, he renders a decision similar to the ruling in this halachah, while in his commentary on Menachot 4:5, his decision is analogous to that rendered in Hilchot Temidim UMusafim.)
Rav Kapach offers the following resolution: If a High Priest dies without bringing a meal offering on a particular day, his heirs are required to bring it. On subsequent days, however, the offering should be brought from communal funds.
|
| 15. |
A first-born animal that has a permanent blemish must be given to a priest as a gift. It is not, however, sacrificed on the altar. One of the points of Rabbinic expertise mentioned by the Talmud is the ability to distinguish between a temporary blemish and a permanent one.
Although Tosafot, Ketubot 106a, offers this explanation, they also note that Bechorot 29b forbids accepting a wage for inspecting the blemishes of a first-born. Tosafot, however, differentiate between a wage paid by a private individual and one paid by the community. Alternatively, Tosafotexplain that this refers to scholars who inspected animals before they were sacrificed. This was necessary because an animal with a blemish was unfit.
|
| 16. |
This statement is very significant within a totally different context. In Hilchot Talmud Torah 1:7, the Rambam writes that it is forbidden to accept a wage for teaching the Oral Law. See also Chapter 3, Halachah 10 of those laws, where the Rambam writes:
The above ruling appears to contradict these statements. Among the resolutions offered is that here, the Rambam is allowing the teachers to receive recompense because instructing the students is their occupation. Were they not charged with this responsibility, they would occupy themselves in another profession. Alternatively, they were allowed to receive payment for teaching the practical side of these activities, and not their theoretical dimensions.
|
| 17. |
See Hilchot Parah Adumah 2:7, which explains that it was customary that a person who never contracted ritual impurity at all be the one who takes part in the purification rite of the High Priest before he offers the red heifer. For this purpose, women would raise their children in a specific area of Jerusalem, making certain that they never came in contact with a source of impurity.
|
| 18. |
Although we are forbidden to plant any crops in the Sabbatical year, the Torah allows us to benefit from the small amount of produce that grows on its own accord from left-over seeds and the like. Our Sages forbade deriving personal benefit from such produce (Hilchot Shemitah 4:1-2); it may, however, be used for a mitzvah. Nevertheless, because the prohibition was only Rabbinic in origin, it was not observed carefully by the entire population. Hence, to ensure that there was a sufficient quantity of grain available for these offerings, it was necessary to hire watchmen.
|
| 19. |
Offered on the sixteenth of Nisan (Leviticus 23:11).
|
| 20. |
Offered on the holiday of Shavuot (Ibid.:17).
|
| 21. |
Rashi, Bava Metzia 118a, states that hiring people to watch it makes it public knowledge that it was designated for use as an offering. Hence, even men of force will refrain from harvesting these crops.
|
| 22. |
Hilchot Sanhedrin 23:5 states that a judge is forbidden to receive a wage for presiding over a case. Nevertheless, these judges were paid a wage, for their involvement in these cases prevented them from pursuing any other means of deriving a livelihood.
|
| 23. |
Ketubot 105a states ninety-nine maneh.
|
| 24. |
A maneh was 100 dinarim. As can be derived from Chapter 1, Halachah 3, a dinar was equivalent to the weight of 96 barleycorns of silver.
|
| 25. |
I.e., even if the judges do not feel it correct to impose on the community, the needs of their households are to be met.
|
| 26. |
Note the Chatam Sofer (Choshen Mishpat, Responsum 5), who states that the judges' needs should be generously provided for.
|
| 27. |
See Hilchot Parah Adumah 3:1-2.
|
| 28. |
Yoma 66a states that this ramp was built because the Jews from Egypt would pull the hair of the priest leading the goat to hurry him on his way.
|
| 29. |
As stated in Chapter 2, Halachah 4, the sheyarei halishcah, "the remainder within the chamber," refers to the funds that remain from the collection of shekalim after the coins were placed in the three large baskets.
|
| 30. |
The Kessef Mishneh notes that Ketubot 106a states that the funds for these improvements should come from Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure, and not from sheyarei halishcah. Rav Kapach, however, notes that the Shitah Mekubetzet quotes a different version of that Talmudic passage, which appears to be the source for the Rambam's ruling.
|
| 31. |
I.e., a gentile who commits himself to observing the seven universal laws commanded to Noach and his descendants. (See Hilchot Melachim 8:10, 9:1-2.) This concept is derived from the fact that the Samaritans who volunteered to assist Zerubavel in the construction of the Second Temple were not idol worshipers (Kessef Mishneh).
|
| 32. |
Since the funds were given with a specific intent, they could not be used for this purpose unless such a condition was made.
|
| 33. |
Our translation is based on the Rambam's Commentary on the Mishnah (Shekalim 4:4), which explains that the word kayitz refers to the conclusion of the summer, the days of the fig and grape harvest. In addition to the mainstay of their meals, people often eat these fruits. Similarly, these offerings are brought on the altar in addition to the sacrifices that are usually offered.
|
| 34. |
The Ra'avad differs with the Rambam on this point, noting that although the Jerusalem Talmud (Shekalim 5:4) makes a statement resembling the Rambam's ruling, it proceeds to explain that statement as referring only to a specific type of donation: a collection of used utensils. According to the Ra'avad, other resources donated to Bedek HaBayit may be used only for improvements to the Temple. The Kessef Mishneh and others justify the Rambam's ruling.
|
| 35. |
The Jerusalem Talmud (Shekalim 1:1) cites a historical precedent: Just as the first communal sacrifices were brought on the altar in the desert on Rosh Chodesh Nisan, similarly, in subsequent years we renew the practice of bringing communal offerings by using funds from the new collection. In this vein, Rosh HaShanah 7a refers to Rosh Chodesh Nisan as "the Rosh HaShanah for the setting aside of the shekalim."
|
| 36. |
It is, however, as if one "forfeited a mitzvah" (Rosh HaShanah, loc. cit.).
|
| 37. |
It was customary that there be a minimum of six lambs prepared to be offered kept in the Chamber of the Lambs (Hilchot Temidim UMusafim 1:9). This custom was also observed on the twenty-ninth of Adar. Thus, there were always four lambs left over on Rosh Chodesh Nisan (Rashi, Sh'vuot 10b).
|
| 38. |
For the consecrated status of an animal or an article can never be changed without its being redeemed.
|
| 39. |
Avodat HaMelech asks why, concerning these animals, we do not follow the same procedure mentioned in the following halachah concerning the remainder of the incense offering - i.e., that they be redeemed and then purchased again with the funds of the new collection of shekalim.
As a possible resolution, he explains that it is forbidden to use for mundane purposes a collection of spices identical to those of the incense offering (Exodus 30:38; Hilchot Klei HaMikdash 2:9). Thus, there would be no use at all for the remainder of the incense offering. For this reason, the Sages ordained that it be repurchased. Concerning the lambs, by contrast, once they are redeemed there is no difficulty in using them for mundane purposes.
|
| 40. |
See Halachah 9 and notes.
|
| 41. |
Every year, 368 measures of incense were prepared, 365 corresponding to the days of a solar year, and three extra measures for the incense offering of the High Priest on Yom Kippur (Keritot6a). Since an ordinary lunar year has either 353, 354, or 355 days, in every ordinary year there were always several portions of incense remaining.
|
| 42. |
From the Rambam's Commentary on the Mishnah (Shekalim 4:5), it would appear that the artisans were given the extra portions of the incense at the beginning of the year, they kept the incense in their possession and it was not repurchased from them until the following year. According to either interpretation, the artisans would have to wait an entire year to receive this portion of their wages.
|
Kiddush HaChodesh - Chapter One
Halacha 1
The months of the year are lunar months, as [implied by Numbers 28:14]: "... the burnt offering of the month when it is renewed,"1 and [Exodus 12:2]: "This month shall be for you the first of months."2 [Concerning this verse,] our Sages commented:3 The Holy One, blessed be He, showed Moses in the vision of prophecy an image of the moon and told him, "When you see the moon like this, sanctify it."
The years we follow are solar years, as [implied by Deuteronomy 16:1]: "Keep the month of spring."4
Halacha 2
How much longer is a solar year than a lunar year? Approximately eleven days.5 Therefore, [to correct the discrepancy between the lunar and the solar calendars,] when these additional days reach a sum of 30 - or slightly more, or slightly less - an additional month is added, causing the year to include thirteen months. This is called a full year.
[This is necessary,] because it is impossible to have a year with twelve months and an odd number of days, as [implied by Numbers 28:14]: "... of the months of the year." [On this verse, our Sages6 commented:] "You count the months of a year, but not the days of a year."
Halacha 3
The moon becomes hidden and cannot be seen for approximately two days - or [slightly] less or slightly more - every month: approximately one day before its conjunction with the sun at the end of the month, and one day after its conjunction with the sun, [before] it is sighted in the west in the evening.7
The first night when the moon is sighted in the west after being hidden is the beginning of the month. Afterwards, 29 days are counted from that day. If the moon is sighted on the night of the thirtieth [day], the thirtieth day will be Rosh Chodesh [of the following month].
If it is not sighted, Rosh Chodesh will be on the thirty-first day, and the thirtieth day will be included in the previous month. There is no need [to sight] the moon on the thirty-first night; whether or not [the moon] is sighted [the new month begins that night]. For there are no lunar months longer than thirty days.
Halacha 4
When there are twenty-nine days in a month, [because] the moon was sighted on the thirtieth night, the month is called chaseir, ["lacking"]. If the moon is not sighted and the previous month has thirty days, the month is called me'ubar["pregnant"] or malei ["full"].
When the moon is sighted on the thirtieth night, the moon is said to have been sighted at the appropriate time. When the moon is sighted on the thirty-first night, but not on the thirtieth night, the moon is described as having been seen on the night of its fullness.
Halacha 5
The [establishment of Rosh Chodesh] based on the sighting of the moon is not the province of every individual,8 as is the Sabbath [of the weekly cycle]. [In the latter instance,] everyone counts six days and rests on the seventh day.
[The sanctification of the new month,] by contrast, has been entrusted to the court.9 [The new month does not begin] until it has been sanctified by the court, and it is the day that they establish as Rosh Chodesh that is Rosh Chodesh. [This is implied by the verse,] "This month will be for you...," - i.e., the testimony [concerning the new month] will be entrusted to you.10
Halacha 6
The [High] Court would make calculations in a manner resembling11the calculations of the astronomers, who know the location of the stars and their paths [in their orbits]. They would perform careful research to determine whether or not they would be able to sight the moon at the appropriate time - i.e., the thirtieth night.
If [the judges] determined that it was possible to sight [the moon], they would sit waiting for witnesses [to come and testify] throughout the entire thirtieth day. If witnesses came, and [the court] examined their testimony according to law, and verified the truth [of their statements], the court would sanctify [the new month]. If [the moon] was not sighted, and witnesses did not come,12they would complete the thirtieth day, thus making the month full.
If, according to their calculations, [the judges] knew that it was impossible for the moon to be sighted, they would not sit [in session] on the thirtieth day, nor would they await [the arrival] of witnesses. If witnesses came, they would know that they are false witnesses, or that clouds appeared to them in a form resembling the moon, but it was not the real moon.
Halacha 7
It is a positive commandment of the Torah13 for the court to calculate and determine whether or not the moon will be sighted, to examine witnesses until the moon can be sanctified, and to send forth [messengers] to inform the remainder of the people on which day Rosh Chodesh was observed,14 so that they will know the day [on which to celebrate] the festivals [as implied byLeviticus 23:2]: "that you will pronounce as days of holy convocation,"15 and [as implied by Exodus 13:10]: "And you shall observe this statute in its appointed season."16
Halacha 8
The calculations and the establishment of the months and the leap years is carried out only in Eretz Yisrael [as implied by Isaiah 2:3]: "For out of Zion will emerge the law, and the word of God [will emerge] from Jerusalem."17
If a great sage who received semichah18 in Eretz Yisrael left for the diaspora without leaving a colleague of equal stature in Eretz Yisrael, he may make calculations, establish the monthly calendar, and institute leap years in the diaspora.19If, however, it becomes known to him that a sage of his stature has arisen in Eretz Yisrael - and surely, if a sage of greater stature has arisen inEretz Yisrael - it is forbidden for him to establish [the monthly calendar] and [institute] leap years in the diaspora.20 If he transgresses, and [attempts to structure the calendar in this manner], his actions are of no consequence.21
| FOOTNOTES | |
| 1. |
The concept of a renewal each month is relevant regarding lunar months, but not with regard to solar months. For the moon is not seen for a day or two each month, while the sun shines continually every day throughout the year.
|
| 2. |
Although the implication to a lunar month in this verse is not as obvious as in the former verse, there is an explicit teaching from our Sages indicating a connection, as the Rambam proceeds to explain.
|
| 3. |
Mechilta D'Rashbi on the above verse; see also Midrash Tanchumah, Shemini, sec. 8; Menachot29a.
|
| 4. |
Sanhedrin 13b (cited by the Rambam, Chapter 4, Halachah 1) explains that this verse is a charge to arrange the calendar so that the vernal (spring) equinox always falls in the month of Nisan.
|
| 5. |
The Rambam speaks in more precise figures in Chapter 6. At present, he is speaking in general terms to give an outline of the how the Jewish calendar is structured.
|
| 6. |
Megillah 5a.
|
| 7. |
As explained in the notes to Chapter 11, when the sun, the moon, and the earth are aligned in a straight line in that order, the moon reflects the sun's rays directly back to it, and no light can be seen from the earth. This is called the conjunction of the sun and the moon. Afterwards, the moon proceeds in its orbit away from the sun, and within approximately one day's time it will have moved a sufficient distance for it to reflect a small crescent of light to the earth. This crescent will always be sighted first in the western portion of the sky, close to the horizon.
The commentaries note that Rosh HaShanah 20b states that the moon cannot be seen for twenty-four hours every month. Aruch HaShulchan (Hilchot Kiddush HaChodesh, sec. 88) explains that there is no contradiction to the Rambam's statements here. There are twenty-four hours every month in which it is impossible to see the moon. There is in addition, however, approximately one day every month when the probability of seeing the moon is very low.
|
| 8. |
I.e., in contrast to the Sabbath, a person who thinks that he has sighted the moon may not begin counting the days of the new month on his own initiative. Rather, he must go to the Sanhedrin and present his testimony to them, and it is they who decide whether or not to begin the new month. (Note the Rambam's comments in Sefer HaMitzvot , Positive Commandment 153, where he elaborates on this theme.)
|
| 9. |
I.e., the Sanhedrin, the High Court that held sessions in Jerusalem until the Temple's destruction, and afterwards was located in various cities throughout Eretz Yisrael.
|
| 10. |
As explained in Rosh HaShanah 22a, this command was addressed to Moses and Aaron. The words "to you" are seemingly unnecessary. Thus, they are interpreted to mean that just as this command is being given to you, so too, the fulfillment of it in subsequent times will be the responsibility of men like you - i.e., the judges of Israel's High Court. (See Chapter 2, Halachah 8, which mentions an application of this principle. See also Chapter 5, Halachah 1.)
|
| 11. |
Rav Kapach explains that the Rambam chose his wording exactly. The calculations of the High Court merely "resembled the calculations of the astronomers." In truth, however, they operated under a different system. As the Rambam explains in Chapter 17, Halachah 24, the prophets and the descendants of the tribe of Issachar had a method of calculating the movement of the sun, the moon, and the stars, which had been transmitted to Moses on Mount Sinai. Although this method resembled the method of calculations employed by gentile scholars, it was unique and different. (See also the Rambam's Commentary on the Mishnah, Rosh HaShanah 2:8.)
This method of calculation was lost to our people shortly after the composition of the Mishnah. Subsequent texts, including the Rambam's own system of calculation, as explained from Chapter 11 onward, were based on Greek sources.
|
| 12. |
Because the moon was covered with clouds or for other similar reasons. (See Chapter 18, Halachah 1.)
|
| 13. |
See Sefer HaMitzvot (Positive Commandment 153) and Sefer HaChinuch (Mitzvah 4), which consider this to be one of the Torah's 613 mitzvot.
|
| 14. |
The Rambam mentions three activities imperative on the court in fulfillment of this mitzvah: the calculation of the time for the sighting of the moon, the examination of the witnesses, and the notification of the Jewish people.
It is interesting to note that the structure of Hilchot Kiddush HaChodesh represents somewhat of a departure from the Rambam's usual style of presentation in the Mishneh Torah. He generally begins by citing a mitzvah and the proof-text from which it is derived, and afterwards he describes it. In this instance, the Rambam begins by describing the basic ground rules for the sighting of the moon, and afterwards he explains the mitzvah that is associated with this sighting.
Rav Kapach suggests that this approach could have been taken in reaction to the position of Rav Sa'adiah Gaon, who maintains that the fundamental aspect of determining the calendar was not the sighting of the moon, but rather the calculations of the Sages. See the Rambam's Commentary on the Mishnah (Rosh HaShanah 2:6).
|
| 15. |
As stated in the conclusion of Chapter 2, this verse is an indication that the determination of the days on which the festivals are to be celebrated - and thus the establishment of the monthly calendar on which the former depends - was entrusted to the Jewish High Court.
|
| 16. |
This verse refers to the Paschal sacrifice and teaches us that there is an obligation to "observe this statute," bring the Paschal sacrifice, "at its appointed time" - i.e., in the spring. This alludes to the second dimension of this mitzvah, the establishment of leap years so that the holiday of Pesach will always fall in the spring.
Note the Ramban (Hasagot to Sefer HaMitzvot, Shoresh 1), who cites opinions that consider these two dimensions - the establishment of Rosh Chodesh and the decision whether to observe leap years - as two separate mitzvot.
The Rambam's citation of this proof-text has attracted the attention of commentaries because of another difficulty. In Menachot 36b, the meaning of this verse is the subject of a difference of opinion between Rabbi Akiva and Rabbi Yosse HaG'lili. While the simple meaning of the phrase "this statute" is the Paschal sacrifice - and this is the interpretation of Rabbi Akiva - Rabbi Yosse HaG'lili interprets the phrase as referring to the mitzvah of wearing tefillin.
What is significant is that in the Mishneh Torah, the Rambam cites both the interpretations of Rabbi Akiva (in this halachah) and that of Rabbi Yosse HaG'lili (Hilchot Tefillin 4:10) as Torah law. The commentaries (see Radbaz, Vol. V, Responsum 1693) explain that this is indicative of a general pattern within the Mishneh Torah. The Rambam's intent in composing the Mishneh Torahwas to provide us with a text of Torah practice, not a source book explaining the derivation of Torah law. He refers to verses only when they are necessary as supports. Therefore, in each instance he cites the proof-text that has the most obvious connection to the law or principle he is referring to, although it is possible that there is another verse from which this law was actually derived.
|
| 17. |
See Sefer HaMitzvot, loc. cit., where the Rambam explains the connection of this mitzvah - and the Jewish people as a whole - to Eretz Yisrael in stirring terms.
|
| 18. |
The ordination conveyed upon the Sages from Sage to Sage, in a chain that began with Moses himself. (See Hilchot Sanhedrin, Chapter 4.)
|
| 19. |
Yevamot 122a relates that Rabbi Akiva journeyed to Neharde'a for this purpose, and from the narrative in Berachot 63a, it would appear that Chanina, Rabbi Yehoshua's nephew, lived in Babylon and ordained the order of the calendar from there for several years.
|
| 20. |
Berachot, ibid., states that the Sages of Eretz Yisrael ordered Chanina to stop ordaining the calendar, because "the kids that you left behind have grown and become billy-goats with horns" - i.e., the Sages who were once on a lower level of understanding had matured and achieved a par with him.
|
| 21. |
The Rambam is speaking about the era when the beginning of the new month was determined through the testimony of witnesses. The use of the fixed calendar we follow at present is discussed in Chapter 5.
|
Kiddush HaChodesh - Chapter Two
Halacha 1
The only testimony that is acceptable with regard to [the sighting of] the new [moon] is that of two1 adult males2 who are fit to testify regarding all matters.3Women and slaves,4 by contrast, are like other unacceptable witnesses and may not testify.
When a father and a son both see the new moon, they should both go the court to testify. Not because testimony regarding the [the sighting of] the new [moon] is acceptable [from witnesses who are] related, but because one of them may be disqualified because he is a thief or for other reasons, and the other will be able to join with another person and give testimony.
A person who is disqualified from serving as a witness by Rabbinical decree,5although he is acceptable according to the law of the Torah itself, may not serve as a witness with regard to [the sighting of] the new [moon].
Halacha 2
According to the law of the Torah, there is no need to be precise regarding testimony about [the sighting of] the new [moon]. For even if the new moon was sanctified on the basis of the testimony of witnesses, and later it was discovered that those witnesses had perjured themselves,6 [the new moon] remains sanctified.7
Accordingly, in the early generations, testimony regarding [the sighting of] the new [moon] was accepted from any Jew [without further enquiry], for any Jew can be presumed to be an acceptable witness unless one knows with certainty that he is unacceptable. When the followers of Baithos8 began conducting themselves in a debased manner and would hire people9 to testify that they had seen the moon when in fact they had not, the court decreed that it would accept testimony regarding [the sighting of] the new [moon] only from witnesses whom the court knew to be acceptable. Moreover, they would examine and question their testimony.
Halacha 3
Therefore, if the [High] Court did not know [the character of] the witnesses who sighted the moon, the inhabitants of the city where the moon was sighted would send other witnesses10 together with the witnesses who saw the moon to substantiate their character to the court, and inform [the judges] that they are acceptable [witnesses]. [Only] afterwards would the court accept their [testimony].
Halacha 4
The court would make calculations in a manner resembling the calculations of the astronomers, and would know whether the position of the moon - when it would be sighted - would be to the north of the sun, or to its south,11 if its [crescent] would be wide or narrow,12 and the direction in which its corners would be pointed.13
When the witnesses came to testify, they would ask them: "Where did you see [the moon]: to the north or to the south [of the sun]?", "In which direction were its corners pointed?", "How high and how wide did it appear to you?" If their replies were suitable, their testimony was accepted. If their replies were not suitable, their testimony was not accepted.
Halacha 5
If the witnesses say, "We saw [the reflection of the moon] in water," or "...[its form] behind the clouds," or "...[its reflection] in a mirror," [what they] saw is of no [consequence], and this sighting cannot be used as the basis for sanctifying [the new moon].14 [The same law applies if the witnesses say,] "We saw a portion [of the moon] in the heavens, and a portion of [its form] behind the clouds," "...a portion [reflected] in water," or "...a portion [reflected] in a mirror."
If one [potential witness says,] "I saw it and it appeared to me approximately two storeys high," and another [potential witness] says, "It was three storeys high," their testimonies may be combined15 [and the moon sanctified on this basis]. If, however, one says "It was approximately three storeys high," and the other says, "It was approximately five storeys high," their testimonies may not be joined together.16 Either one of them, however, may join together with another witness who gives identical testimony, or [who gives testimony] involving a discrepancy of merely one storey.
Halacha 6
If witnesses say, "We saw [the moon] without concentrating our attention, and, afterwards, when we concentrated our attention with the intent of sighting it so that we could testify, we did not see it," this is not considered [valid] testimony, and it cannot serve as the basis for sanctifying [the new moon]. Perhaps clouds came together, and appeared like the moon, and afterwards became dispersed.17
If witnesses say, "We saw [the moon] on the twenty-ninth [day] in the morning in the east before sunrise, and [afterwards,] in the evening, we saw it in the west on the thirtieth night," their testimony is believed, and the moon can be sanctified on this basis. [The rationale is] that they saw [the moon] at its appropriate time. [Their testimony] about [what they thought] they saw in the morning is disregarded. We need not pay any attention to what they saw in the morning, for it is obvious that it was the conjunction of clouds that appeared to them as the moon.18
Similarly, if [witnesses claim] to have seen the moon at its appropriate time, but it was not seen on the thirty-first night, their [testimony] is believed. For what is significant for us is only the sighting [of the moon] on the thirtieth night.19
Halacha 7
What is the process through which the testimony regarding the sighting of the moon is accepted? Anyone who saw the moon and is fit to testify20 should come to the court. The [judges] should bring them all to a single place,21 and should make a large feast for them, so that people will come regularly. The pair [of witnesses] who arrive first are examined first according to the questions mentioned previously.22 The one of greater stature is invited [into a private chamber] first and asked these questions. If his testimony is accurate according to [the data that the court arrives at through] calculations, they invite his colleague in. If their statements are comparable,23 their testimony is substantiated.
[Afterwards,] the remaining pairs are asked questions of a broader nature. [In truth,] their testimony is not required at all, [and they are being asked] only so they will not depart disheartened, so that they will come frequently [in the future].24
Halacha 8
Afterwards - i.e., after [the witnesses'] testimony is substantiated - the head of the court declares, "It has been sanctified." And all the people respond, "It has been sanctified. It has been sanctified."
A minimum of three judges is required to sanctify the new moon.25 Similarly, the calculations [regarding the moon's position] must be made by three judges. The new moon is sanctified only when it is sighted at its appropriate time.26 Moreover, the moon is sanctified only during the day.27 If it was sanctified at night, the sanctification is of no consequence.
Furthermore, even if the court and the entire Jewish people saw the moon, but the court did not declare that "It has been sanctified"28 before the nightfall beginning the thirty-first day, or if the witnesses were cross-examined, but afterwards the court was not able to declare that "It has been sanctified" before the nightfall beginning the thirty-first day,29 it should not be sanctified,30and the month should be full. Despite the fact that the moon was sighted on the thirtieth night, it is the thirty- first day that will be Rosh Chodesh. For [the sanctification of the new month] is not established by the sighting of the moon, but by the court that declares, "It has been sanctified."31
Halacha 9
If the court themselves see [the new moon] at the conclusion of the twenty-ninth day, before a star has emerged on the thirtieth night, the court may declare, "It has been sanctified; it has been sanctified,"32 for it is still day.33
If [the judges] sight the moon on the night of the thirtieth day after two stars have appeared,34 [they should adhere to the following procedure]. On the morrow, two other judges join one of the three [to form a court]. The other two [judges] then testify before [this court] of three, who then [sanctify the new month].
Halacha 10
Once the court sanctifies the new month, it remains sanctified regardless of whether they erred unwittingly, they were led astray [by false witnesses], or they were forced [to sanctify it].35 We are required to calculate [the dates of] the festivals based on the day that they sanctified [as the beginning of the new month].
Even if [a person] knows that [the court] erred, he is obligated to rely on them,36 for the matter is entrusted to them alone. The One who commanded us to observe the festivals is the One who commanded [us] to rely on them, as [implied by Leviticus 23:2]: "Which you will pronounce as days of holy convocation."37
| FOOTNOTES | |
| 1. |
For all evidence must be substantiated by the testimony of two witnesses, as implied byDeuteronomy 19:15 which states, "The testimony of a single witness will not stand." See Hilchot Edut, ch. 5.
|
| 2. |
Both these concepts are implied by the Hebrew word anashim.
|
| 3. |
See Hilchot Edut, Chapters 9-10, 12-14.
|
| 4. |
Who are not acceptable for testimony in court (Hilchot Edut 9:2,4). The slaves referred to here are "Canaanite slaves," gentiles purchased as slaves. A Jewish servant, eved ivri, may give testimony in court on this and other matters.
|
| 5. |
E.g., gamblers, usurers, and other individuals described in Hilchot Edut, Chapter 11.
|
| 6. |
More particularly, the term used by the Rambam, zomemim refers to witnesses who claimed that they saw the moon while they were located in a specific place at a specific time, and later it was proven that they had been in another place at that time. (See Hilchot Edut, Chapter 18.)
|
| 7. |
See Halachah 10.
|
| 8. |
Avot D'Rabbi Natan 5:2 relates that Antigonus of Socho had two talented students, Tzadok and Baithos. When Antigonus taught: "Do not be like students serving a master in order to receive a reward," they turned away in disgust, commenting, "Is it proper for a worker to toil the entire day without receiving any recompense?"
They began splinter groups that rejected the core of Jewish practice and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Godly was the written law. The oral law, they maintained, was merely a human invention.
This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would refer to all those who deny the Torah and its tradition as Sadducees (from Tzadok) or Baithosees (from Baithos) [the Rambam's Commentary on the Mishnah, Avot 1:3]. Not only did these individuals scorn Torah observance themselves, but they tried, as indicated by this halachah, to undermine the observance of the Jewish nation as a whole.
Our translation follows the standard printed text of the Mishneh Torah. Many original printings and manuscripts state minnim, "non-believers," rather than "the followers of Baithos." Similarly, the Rambam's source, Rosh HaShanah 2:1, uses this term. Some consider this as a reference to the early Christians.
|
| 9. |
Rosh HaShanah 22b relates that the Sadducees paid witnesses 400 zuzim to testify falsely with regard to the sighting of the moon.
|
| 10. |
The Rambam uses a plural term, implying that two character witnesses are required. This prerequisite is apparent from Rosh HaShanah 22b. The Jerusalem Talmud (Rosh HaShanah 2:1), by contrast, requires only one character witness.
|
| 11. |
As the Rambam states in his Commentary on the Mishnah, Rosh HaShanah 2:7, this refers to the latitude of the moon. This subject is explained in Chapter 16.
|
| 12. |
As the Rambam explains in his Commentary on the Mishnah (loc. cit.), the size of the moon's crescent grows as it moves further away from the sun.
|
| 13. |
See Chapter 19 for an explanation of how the court can determine these matters.
|
| 14. |
To sanctify the moon, it is necessary to see the moon itself - and not its reflection - and to see it clearly, not as it is hidden by clouds.
|
| 15. |
Although there is a discrepancy between them, the two testimonies are not considered to contradict each other, since it is possible for a person to err slightly in making such an estimation.
|
| 16. |
For this discrepancy is too great for the two to be considered a single statement.
|
| 17. |
Rosh HaShanah 24a and 25a mentions instances where the conjunction of the clouds appeared to resemble the moon.
|
| 18. |
The Rambam's statements are based on his interpretation of the difference of opinion between Rabban Gamliel and Rabbi Yochanan ben Nuri mentioned in Rosh HaShanah 2:9. (See the Rambam's Commentary on the Mishnah for a detailed analysis of this matter.)
Rabbi Yochanan ben Nuri maintains that the witnesses' testimony should be disregarded, because it cannot possibly be true. Everyone knows that, at the beginning of the month, the moon always appears on the western horizon for a brief period after the setting of the sun. At this time of the month, seeing it in the morning, before sunrise, is impossible. (See Chapters 15 and 17 for an explanation of this phenomenon.) Since the testimony of these witnesses contains an obvious error, the testimony should be disregarded entirely.
Rabban Gamliel, as his opinion is explained by the Rambam, was aware of this astronomical concept as well. Nevertheless, in the instance mentioned in the Mishnah, he knew that according to the calculations, it would have been possible for the moon to have been sighted on the night mentioned by the witnesses. Why then, he argued, should their testimony be discounted entirely because of the error they made regarding the morning. The fact that then, they mistook the condensation of clouds for the moon should not cause their testimony to be disregarded entirely.
|
| 19. |
This represents a parallel difference of opinion mentioned in Rosh HaShanah (op. cit.). Rabbi Dosa ben Hyrkanos maintains that it is impossible for the moon to be sighted on one night, and then for it not to be sighted on the following night.
Rabban Gamliel (as his position is explained by the Rambam in his Commentary on the Mishnah) accepted the witnesses' testimony in this instance, because he knew that, according to the calculations, it was possible for the moon to be sighted on the thirtieth night. The fact that it was not sighted again on the thirty-first night was merely a matter of circumstance: no one was trying to see it, their view was obstructed by clouds, or the like.
|
| 20. |
I.e., there is no benefit to be derived from a witness whose testimony will not be accepted by the court because of his conduct - e.g., a transgressor, a gambler, or a usurer.
|
| 21. |
Rosh HaShanah 23b states that there was a large courtyard in Jerusalem called "the house of Ya'azak" where the witnesses would gather.
|
| 22. |
In Halachah 4.
|
| 23. |
See Halachah 5.
|
| 24. |
The Rambam (based on Rosh HaShanah 2:7) is communicating an important lesson in human dynamics. Since the court might need these witnesses in the future, it is important that they feel that consideration is shown to them, and that their coming was not futile.
|
| 25. |
Rosh HaShanah 25b derives this concept as follows: The commandment "This month shall be for you..." was addressed to both Moses and Aaron, implying that at least two judges are necessary. A court must be composed of an odd number of judges, and hence a third judge is required.
|
| 26. |
I.e., as the Rambam continues to explain, for the new month to be sanctified, the moon must be sighted on the thirtieth night, the witnesses must testify on the thirtieth day, and the court must declare the month to be sanctified - all before sunset of that day.
|
| 27. |
Based on Psalms 81:4-5, Rosh HaShanah 25b draws an equation between the sighting of the new moon and the delivery of a judgment. Just as a judgment may be delivered only during the day, so too, the mitzvah of the sanctifying the new moon applies only by day.
|
| 28. |
In his Commentary on the Mishnah, Rosh HaShanah 3:1, the Rambam explains that one might think that since the court and the entire Jewish people saw the moon, there was no need to sanctify the new month. Therefore, as he concludes in this halachah, it is necessary to emphasize that it is the sanctification of the court that establishes the new month, and not the sighting of the moon alone.
|
| 29. |
Rosh HaShanah (loc. cit.) explains that although a decision regarding a monetary case may be rendered at night if the testimony was received by the court during the day, this concept does not apply regarding the sanctification of the new month. The court must actually sanctify the new month during the day.
|
| 30. |
Based on Chapter 3, Halachot 15-18, it would appear that the Rambam's intent is that, since the new month was not sanctified at its appropriate time, the court endeavors to have the witnesses' testimony disqualified. If, however, the witnesses' testimony is substantiated despite the court's efforts, the month can be sanctified retroactively.
|
| 31. |
As mentioned in Chapter 1, Halachah 5, the mitzvah of sanctifying the new month has been entrusted to the court.
|
| 32. |
Rosh HaShanah 25b explains that this teaches us that hearing the testimony of the witnesses is not more effective than the actual sighting of the moon itself.
|
| 33. |
In his Commentary on the Mishnah (Rosh HaShanah 3:1), the Rambam writes that although the sun has set, the night does not begin until the appearance of the stars, and it is still possible to sanctify the new moon.
(The Rambam's wording in this halachah and in the related portions of his Commentary on the Mishnah have raised questions concerning his conception of the limits of the day, the night, and the intermediate period referred to as beyn hash'mashot. See the Radbaz (Vol. V, Responsum 1379), the Ralbach, the Or Sameach and others, who address themselves to this issue.)
It is also significant to mention that Rashi (Rosh HaShanah, loc. cit.) and others differ with the Rambam's interpretation of the Mishnah, and consider it as referring to the citing of the moon at the conclusion of the thirtieth day, on the eve of the thirty- first.
|
| 34. |
From this time onward, they can no longer sanctify the new month on the basis of their sighting alone. Instead, the procedure outlined by the Rambam must be followed.
|
| 35. |
Significantly, instead of mentioning the court as being forced to sanctify the month on the wrong day, Rosh HaShanah 25a states "even if they purposefully sanctified the moon on the wrong day" - i.e., they accepted the testimony of witnesses even when they knew that it was flimsy. The Rambam chooses not to mention such an instance, and instead quotes the Mechilta D'Rashbi and the Sifra.
|
| 36. |
Rosh HaShanah 2:10 relates that once Rabbi Yehoshua differed with Rabban Gamliel concerning the acceptance of the testimony of witnesses with regard to Rosh HaShanah. Since Rabban Gamliel was the head of the High Court, his opinion was accepted. To emphasize the importance of following the necessity for uniform adherence to the decisions of the court, Rabban Gamliel ordered Rabbi Yehoshua to appear before him carrying his staff and his wallet on the day that Rabbi Yehoshua thought should be considered as Yom Kippur.
After consulting with his colleagues, Rabbi Yehoshua obeyed Rabban Gamliel's instructions. Afterwards, Rabban Gamliel honored Rabbi Yehoshua for his humility and deference to the court's authority.
|
| 37. |
אתם, meaning "which" in the above verse, can also mean "you," when vocalized differently. Thus, the authority of "you," the Jewish court to whom this matter is entrusted, is emphasized more powerfully (Rosh HaShanah, loc. cit.).
|
---------------------
Hayom Yom:
• English Text | Video Class• Sunday, Shevat 7, 5776 · 17 January 2016
"Today's Day"
Wednesday Sh'vat 7 5703
Torah lessons: Chumash: Bo, Revi'i with Rashi.
Tehillim: 39-43.
Tanya: Ch. 18. To explain (p. 75)...incorporated in it. (p. 75).
When the Alter Rebbe was nine he studied geometry and astronomy. At ten he composed a calendar for fifteen years. When he was twelve years old, it happened that he lectured publicly on Rambam's laws of kidush hachodesh.1 The preeminent Torah-scholars who were present at that time in the study-hall were utterly overwhelmed.
FOOTNOTES
1. Much of this treatise is devoted to complex astronomical calculations relative to projected appearance of the new moon, etc.---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• Sunday, Shevat 7, 5776 · 17 January 2016
"Today's Day"
Wednesday Sh'vat 7 5703
Torah lessons: Chumash: Bo, Revi'i with Rashi.
Tehillim: 39-43.
Tanya: Ch. 18. To explain (p. 75)...incorporated in it. (p. 75).
When the Alter Rebbe was nine he studied geometry and astronomy. At ten he composed a calendar for fifteen years. When he was twelve years old, it happened that he lectured publicly on Rambam's laws of kidush hachodesh.1 The preeminent Torah-scholars who were present at that time in the study-hall were utterly overwhelmed.
FOOTNOTES
1. Much of this treatise is devoted to complex astronomical calculations relative to projected appearance of the new moon, etc.---------------------• Daily Thought:
Appropriate Criticizing
Criticizing another person is not out of the question. Just attend to a few conditions before you start:
First, make sure this person is your close friend. Those are the only people worth criticizing—not just because they may actually listen, but also because you run a lower risk of making them into your sworn enemies.
If this person is not yet your close friend, you’ll need to spend some time together, going out of your way to do a favor whenever possible, until a real friendship develops. That will also put things in context, since you’ll discover everything that’s good about this person.
Also, you’ll need to ensure that this person has the same knowledge, understanding and perspective of right and wrong as you do before you can attack his decisions. If that’s not so, you’ll need to spend some time learning and discussing together until you see each other’s point of view.
Once the two of you are in the same headspace, and you’re both good friends to boot, then it’s okay to criticize—if necessary. And if you can remember what there was to criticize.
---------------------
No comments:
Post a Comment