Today in Jewish History:
• Passing of Rabbi Chaim Mordechai Maroglis (c.1823)
Rabbi Chaim Mordechai Maroglis first served as rabbi in Brestitzki, Poland, and later in Dubno, Poland/Ukraine. He is the author of a digest of halachic responsa written after the publication of the Code of Jewish Law, known as “Shaarei Teshuvah.” This work can be found in the margins of most prints of the Code of Jewish Law.
Daily Quote:
The deeper significance of "May G-d add to me another son" (Rachel's words upon the birth of Joseph, Genesis 30:24) is: may this child merit to transform an "other" into a "son"[Rabbi Menachem Mendel of Lubavitch ("Tzemach Tzeddek", 1789-1866)]
Daily Study:
Chitas and Rambam for today:
Chumash: Yitro, 3rd Portion Exodus 18:24-18:27 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 18
24Moses obeyed his father in law, and he did all that he said. כדוַיִּשְׁמַ֥ע משֶׁ֖ה לְק֣וֹל חֹֽתְנ֑וֹ וַיַּ֕עַשׂ כֹּ֖ל אֲשֶׁ֥ר אָמָֽר:
25Moses chose men of substance out of all Israel and appointed them as heads of the people, leaders of thousands, leaders of hundreds, leaders of fifties, and leaders of tens. כהוַיִּבְחַ֨ר משֶׁ֤ה אַנְשֵׁי־חַ֨יִל֙ מִכָּל־יִשְׂרָאֵ֔ל וַיִּתֵּ֥ן אֹתָ֛ם רָאשִׁ֖ים עַל־הָעָ֑ם שָׂרֵ֤י אֲלָפִים֙ שָׂרֵ֣י מֵא֔וֹת שָׂרֵ֥י חֲמִשִּׁ֖ים וְשָׂרֵ֥י עֲשָׂרֹֽת:
26And they would judge the people at all times; the difficult case they would bring to Moses, but any minor case they themselves would judge. כווְשָֽׁפְט֥וּ אֶת־הָעָ֖ם בְּכָל־עֵ֑ת אֶת־הַדָּבָ֤ר הַקָּשֶׁה֙ יְבִיא֣וּן אֶל־משֶׁ֔ה וְכָל־הַדָּבָ֥ר הַקָּטֹ֖ן יִשְׁפּוּט֥וּ הֵֽם:
And they would judge: וְֹשָפְטוּ. [Onkelos renders:], וְדַייְנִין יַתעַמָּא, And they judge the people. [Unlike this word in verse 22, which denotes the imperative, this denotes the present.] ושפטו: ודיינין ית עמא:
they would bring: Heb. יְבִיאוּן. [Onkelos renders:] מַייְתִין, they bring [in the present tense and not in the future tense]. יביאון: מייתין:
they themselves would judge: Heb. יִשְׁפּוּטוּ, same as יִשְׁפֹּטוּ, and similarly [we find the verb תעבורי,], “neither shall you go away (לֹא תַעִבוּרִי)” (Ruth 2:8), like לֹא תַעֲבוֹרִי. The Targum [Onkelos] renders: דַּייְנִין אִינוּן, they judge. The earlier passages(verse 22) were in the imperative form. Therefore, they are rendered: וִִידוּנוּן, יַיְתוּן, יְדוּנוּן, but these passages [here in verse 26] are expressions of doing [and are not imperative]. ישפוטו הם: כמו ישפוטו וכן (רות ב ח) לא תעבורי, כמו לא תעברי ותרגומו דיינין אינון. מקראות העליונים הם לשון צווי, לכך מתורגמין וידונון ייתון, ידונון, ומקראות הללו לשון עשייה:
27Moses saw his father in law off, and he went away to his land. כזוַיְשַׁלַּ֥ח משֶׁ֖ה אֶת־חֹֽתְנ֑וֹ וַיֵּ֥לֶךְ ל֖וֹ אֶל־אַרְצֽוֹ:
and he went away to his land: to convert the members of his family. — [from Mechilta] וילך לו אל ארצו: לגייר בני משפחתו:
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Daily Tehillim: Chapters 79 - 82
• Hebrew text
• English text• Chapter 79
In this psalm, Asaph thanks God for sparing the people and directing His wrath upon the wood and stones (of the Temple). Still he cries bitterly, mourning the immense destruction: The place where the High Priest alone was allowed to enter-and only on Yom Kippur-is now so desolate that foxes stroll through it!
1. A psalm by Asaph. O God, nations have entered Your inheritance, they defiled Your Holy Sanctuary; they turned Jerusalem into heaps of rubble.
2. They have rendered the corpses of Your servants as food for the birds of heaven, the flesh of Your pious ones for the beasts of the earth.
3. They spilled their blood like water around Jerusalem, and there is no one to bury [them].
4. We became the object of disgrace to our neighbors, ridicule and scorn to those around us.
5. Until when, O Lord! Will You be angry forever? Will Your jealousy burn like fire?
6. Pour Your wrath upon the nations that do not know You, upon the kingdoms that do not call Your Name,
7. for they devoured Jacob and desolated His abode.
8. Do not recall our former sins; let Your mercies come swiftly towards us, for we have fallen very low.
9. Help us, God of our deliverance, for the sake of the glory of Your Name; save us and pardon our sins for the sake of Your Name.
10. Why should the nations say, "Where is their God?" Let there be known among the nations, before our eyes, the retribution of the spilled blood of Your servants.
11. Let the groan of the prisoner come before You; liberate those condemned to death, as befits the greatness of Your strength.
12. Repay our neighbors sevenfold into their bosom, for the disgrace with which they reviled You, O Lord.
13. And we, Your people, the flock of Your pasture, will thank You forever; for all generations we will recount Your praise.
Chapter 80
An awe-inspiring prayer imploring God to draw near to us as in days of old.
1. For the Conductor, on the shoshanim, 1 a testimony by Asaph, a psalm.
2. Listen, O Shepherd of Israel, Who leads Joseph like sheep. Appear, You Who is enthroned upon the cherubim.
3. Arouse Your might before Ephraim, Benjamin and Menashe, for it is upon You to save us.
4. Return us, O God; cause Your countenance to shine, that we may be saved.
5. O Lord, God of Hosts, until when will You fume at the prayer of Your people?
6. You fed them bread of tears, and gave them tears to drink in great measure.
7. You have made us an object of strife to our neighbors; our enemies mock to themselves.
8. Return us, O God of Hosts; cause Your countenance to shine, that we may be saved.
9. You brought a vine out of Egypt; You drove out nations and planted it.
10. You cleared space before it; it took root and filled the land.
11. Mountains were covered by its shade, and its branches became mighty cedars.
12. It sent forth its branches till the sea, and its tender shoots to the river.
13. Why did You breach its fences, so that every passerby plucked its fruit?
14. The boars of the forest ravage it, and the creepers of the field feed upon it.
15. O God of Hosts, please return! Look down from heaven and see, and be mindful of this vine,
16. and of the foundation which Your right hand has planted, and the son whom You strengthened for Yourself.
17. It is burned by fire, cut down; they perish at the rebuke of Your Presence.
18. Let Your hand be upon the man of Your right hand, upon the son of man whom You strengthened for Yourself.
19. Then we will not withdraw from You; revive us, and we will proclaim Your Name.
20. O Lord, God of Hosts, return us; cause Your countenance to shine that we may be saved.
FOOTNOTES
1.A musical instrument shaped like a shoshana, a rose (Metzudot).
Chapter 81
This psalm was chanted in the Holy Temple on Rosh Hashanah, a day on which many miracles were wrought for Israel.
1. For the Conductor, upon the gittit,1 by Asaph.
2. Sing joyously to God, our strength; sound the shofar to the God of Jacob.
3. Raise your voice in song, sound the drum, the pleasant harp, and the lyre.
4. Blow the shofar on the New Month, on the designated day of our Holy Day;
5. for it is a decree for Israel, a ruling of the God of Jacob.
6. He ordained it as a precept for Joseph when he went forth over the land of Egypt; I heard a language which I did not know.
7. I have taken his shoulder from the burden; his hands were removed from the pot.2
8. In distress you called and I delivered you; [you called] in secret, and I answered you with thunderous wonders; I tested you at the waters of Merivah, Selah.
9. Hear, My people, and I will admonish you; Israel, if you would only listen to Me!
10. You shall have no alien god within you, nor shall you bow down to a foreign deity.
11. I am the Lord your God who brought you up from the land of Egypt; open wide your mouth, [state all your desires,] and I shall grant them.
12. But My people did not heed My voice; Israel did not want [to listen to] Me.
13. So I sent them away for the willfulness of their heart, for following their [evil] design.
14. If only My people would listen to Me, if Israel would only walk in My ways,
15. then I would quickly subdue their enemies, and turn My hand against their oppressors.
16. Those who hate the Lord would shrivel before Him, and the time [of their retribution] shall be forever.
17. I would feed him [Israel] with the finest of wheat, and sate you with honey from the rock.
FOOTNOTES
1.A musical instrument crafted in Gath (Metzudot).
2.The cooking vessels used to prepare food for their captors (Rashi)
Chapter 82
This psalm admonishes those judges who feign ignorance of the law, dealing unjustly with the pauper or the orphan, while coddling the rich and pocketing their bribes.
1. A psalm by Asaph. God stands in the council of judges; among the judges He renders judgment:
2. How long will you judge wickedly, ever showing partiality toward the evildoers?
3. Render justice to the needy and the orphan; deal righteously with the poor and the destitute.
4. Rescue the needy and the pauper; deliver them from the hand of the wicked.
5. But they do not know, nor do they understand; they go about in darkness, [therefore] all the foundations of the earth tremble.
6. I said that you are angels, supernal beings, all of you;
7. but you will die as mortals, you will fall like any prince.
8. Arise, O God, judge the earth, for You possess all the nations.
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Tanya: Likutei Amarim, end of Chapter 21
• Lessons in Tanya• English Text
Tanya: Likutei Amarim, end of Chapter 21
• Lessons in Tanya• English Text
• Hebrew Text
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson • Shevat 16, 5776 · January 26, 2016
Likutei Amarim, end of Chapter 21
• Audio Class: Listen | Download
• Video Class• Today's Tanya Lesson • Shevat 16, 5776 · January 26, 2016
Likutei Amarim, end of Chapter 21
וכל הצמצומים הם בחינת הסתר פנים, להסתיר ולהעלים האור והחיות הנמשך מדבורו יתברך, שלא יתגלה בבחינת גילוי רב שלא יוכלו התחתונים לקבל
All the contractions constitute a “veiling of the [Divine] Countenance”; that is, they veil and conceal the “face,” i.e., the essential aspects of the light and life-force that are derived from G‑d’s Word, so that it should not reveal itself with an intense radiance which the lower worlds would be incapable of receiving.
ולכן גם כן נדמה להם אור וחיות הדבור של מקום ברוך הוא המלובש בהם, כאלו הוא דבר מובדל ממהותו ועצמותו יתברך
Therefore too, because it is thus obscured through tzimtzum, the light and life-force of G‑d’s Word that is clothed in them appears to them as if it is something separate from G‑d Himself,
רק שנמשך ממנו יתברך כמו דבור של אדם מנפשו
and as though it only issues from Him, just as the speech of a human being issues from him but then becomes separated from him.
This false perception of the G‑dly life-force as something separate from G‑d is possible only because the life-force is hidden from creation by means of the tzimtzumim.
אך לגבי הקב״ה אין שום צמצום והסתר והעלם מסתיר ומעלים לפניו, וכחשכה כאורה
Yet, in regard to G‑d, no concealment or veil hides or obscures anything from Him; to Him,1 “‘darkness’(concealment) and ‘light’ (revelation) are alike,”
כדכתיב: גם חשך לא יחשיך ממך וגו׳
as it is written:2 “Even the darkness does not obscure [anything] from You.”
This may also be interpreted: “Even the darkness does not obscure because it derives from You”; i.e., the veil of tzimtzumis itself of divine origin, and therefore it cannot obscure G‑dliness. For as the Alter Rebbe goes on to say, only a foreign body can constitute an obstruction; one cannot hide from his own self.
משום שאין הצמצומים והלבושים דבר נפרד ממנו יתברך, חס ושלום, אלא כהדין קמצא, דלבושיה מיניה וביה
For the tzimtzumim and the “veils” are not things distinct from Him, heaven forfend, since nothing is separate from G‑d, but are3 “like the turtle (or: ’snail‘), whose garment i.e., its shell is part of its body”; so too, the very “shell” — the process of tzimtzum — that hides G‑dliness is itself G‑dly.
כמו שכתוב: כי ה׳ הוא האלקים, וכמו שכתוב במקום אחר
In Hebrew: “Yud-hei-vav-hei — He is Elokim.” The Four-Letter Name of G‑d denotes Divine revelation and transcendence, while the Name Elokim refers to G‑d’s power of self-concealment by which he vests Himself in creation. The equation points out that they are one; Elokim is G‑dly just as is the level of G‑dliness signified by the other Name. Thus,Elokim does not act as a veil obscuring G‑d, since it is essentially one with Yud-hei-vav-hei, the power of revelation.
ולכן קמיה כולא כלא חשיב ממש
Therefore, in His presence, all else is of absolutely no account.
Since G‑d is not affected by the tzimtzumim which make it possible for a created being to feel separate from Him, He perceives all the creations brought into being by His Word as being still within their source — Himself. There they are in a state of absolute nullification. From His perspective they are still nonentities, and the fact of their creation in no way detracts from His absolute unity — He is One alone after Creation just as He was before Creation.
——— ● ———
| FOOTNOTES | |
| 1. | Tehillim 139:12. |
| 2. | Tehillim 139:12. |
| 3. | Bereishit Rabbah 21:5. |
| 4. | Devarim 4:35. |
| 5. | Shaar HaYichud VehaEmunah, ch. 6. |
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Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Tuesday, Shevat 16, 5776 · January 26, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Laws of Megillah and Chanukah Chapters 1 & 2
We now continue with Maimonides' Laws of Megillah and Chanukah, chapters three and four.
(The Daily Mitzvah schedule runs parallel to the daily study of three chapters of Maimonides' 14-volume code, which today studies these laws. Because these two mitzvot are rabbinic, not biblical, they have no counterpart in Sefer Hamitzvot.)
Full text of this Mitzvah »
Positive Commandment 213
Marriage
"When a man takes a wife and is intimate with her"—Deuteronomy 24:1.
It is a mitzvah for a man to marry a woman through kiddushin. Kiddushin is accomplished through one of three methods: a) The man giving the woman an object of value [for the purpose of marriage]. b) The man giving the woman a marriage contract [a document upon which is written, "With this document I am marrying you"]. c) Through the man being intimate with the woman.
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Tuesday, Shevat 16, 5776 · January 26, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Laws of Megillah and Chanukah Chapters 1 & 2
We now continue with Maimonides' Laws of Megillah and Chanukah, chapters three and four.
(The Daily Mitzvah schedule runs parallel to the daily study of three chapters of Maimonides' 14-volume code, which today studies these laws. Because these two mitzvot are rabbinic, not biblical, they have no counterpart in Sefer Hamitzvot.)
Full text of this Mitzvah »
CHAPTER I
1 And it came to pass in the days of Achashverosh, the same Achashverosh who ruled from Hodu to Cush, one hundred and twenty-seven provinces.
2 In those days, when King Achashverosh sat on his royal throne, which was in Shushan the capital --
3 In the third year of his reign, he made a feast for all his ministers and servants; the army of Persia and Media, the nobles and all the ministers of the provinces in his service.
4 For many days, one hundred and eighty days, he displayed the glorious wealth of his kingdom and the splendorous beauty of his majesty.
5 And when these days came to an end, the king made a seven-day feast in the courtyard of the king's palace garden, for all the people in Shushan the capital, nobleman and commoner alike.
6 There were hangings of white, green and blue, held by cords of linen and purple wool to silver rods and marble pillars. There were divans of gold and silver on a floor of alabaster and marble [arranged in patterns of] rows and circles.
7 Drinks were served in golden vessels, vessels of assorted design, and the royal wine was in abundance as befitting the king.
8 The drinking was by the law, without force, for so had the king ordered all the stewards of his household--to comply with the will of each man.
9 Queen Vashti, too, made a feast for the women in the royal palace of King Achashveirosh.
10 On the seventh day, when the king's heart was merry with wine, he ordered Mehuman, Bizzeta, Charvona, Bigta, Avagta, Zeitar and Charkas, the seven chamberlains who attended King Achashverosh,
11 to bring Queen Vashti before the king wearing the royal crown, to show her beauty to the nations and ministers, for she was indeed beautiful.
12 But Queen Vashti refused to appear by the king's order brought by the chamberlains, and the king grew furious and his wrath seethed within him.
13 So the king conferred with the wise men, those knowledgeable of the times--for this was the king's custom, to [bring such matters] before those who were versed in every law and statute.
14 Those closest to him were Carshina, Sheitar, Admata, Tarshish, Meress, Marsina and Memuchan. These were the seven ministers of Persia and Media, who had access to the king and ranked highest in the kingdom.
15 [He asked them:] "By law, what should be done with Queen Vashti for failing to obey the order of King Achashverosh, brought by the chamberlains?"
16 Memuchan declared before the king and the ministers: "It is not against the King alone that Queen Vashti has sinned, but against all the ministers and all the nations in all the provinces of King Achashverosh.
17 "For word of the queen's deed will reach all the women and it will belittle their husbands in their eyes. For they will say: 'King Achashverosh commanded that Queen Vashti be brought before him, yet she did not come!'
18 "This very day, the noblewomen of Persia and Media who have heard of the queen's deed will repeat it to all the King's nobles and there will be much disgrace and anger.
19 "If it please the King, let a royal edict be issued by him, and let it be written into the laws of Persia and Media and let it not be revoked, that Queen Vashti may never again appear before King Achashverosh, and let the King confer her royal title upon another woman who is better than she.
20 "And the King's decree which he shall proclaim will be heard throughout his kingdom, for it is indeed great, and all the women will respect their husbands, nobleman and commoner alike."
21 The idea pleased the king and the ministers, and the king did as Memuchan had advised.
22 He sent letters to all the king's provinces--to each province in its script and to each nation in its language [saying] that every man shall be master in his home and that he speak the language of his nation.
CHAPTER II
1 After these events, when King Achashverosh's wrath had abated, he remembered Vashti and what she had done and what had been decreed upon her.
2 So the king's attendants advised: "Let beautiful virgin girls be sought for the King.
3 "And let the King appoint officers in all the provinces of his kingdom, and let them gather every beautiful virgin girl to Shushan the capital, to the harem, under the charge of Heigai, chamberlain of the King, custodian of the women, and let their cosmetics be provided.
4 "And let the girl who finds favor in the King's eyes become queen in Vashti's stead." The plan pleased the king and he acted accordingly.
5 There was a Jewish man in Shushan the capital, whose name was Mordechai, son of Yair, son of Shim'iy, son of Kish, a Benjaminite,
6 Who had been exiled from Jerusalem with the exiles that had been exiled along with Jechoniah, King of Judah, whom Nebuchadnezzar, King of Babylon, had sent into exile.
7 He raised his cousin Hadassah, also called Esther, for she had neither father nor mother. The girl was of beautiful form and beautiful visage, and when her father and mother died, Mordechai adopted her as his daughter.
8 Now when the king's order and edict became known, and many girls were gathered to Shushan the capital under the charge of Heigai, Esther was taken to the palace under the charge of Heigai, custodian of the women.
9 The girl found favor in his eyes and won his kindness, so that he hurried to provide her with her cosmetics and meals, and the seven maids that were to be given her from the palace. He also transferred her and her maids to the best quarters in the harem.
10 [All the while] Esther did not divulge her race or ancestry, for Mordechai had instructed her not to tell.
11 And every day Mordechai would stroll in front of the harem courtyard to find out how Esther was faring and what would be done with her.
12 Now when each girl's turn came to go to King Achashverosh, after undergoing the prescribed twelve-month care for women --for only then would their period of beauty-care be completed: six months with oil of myrrh and six months with perfumes and women's cosmetics--
13 With this the girl would appear before the king; she would be provided with whatever she requested to accompany her from the harem to the palace.
14 In the evening she would go [to the king], and in the morning she would return to the second harem, under the charge of Shaashgaz, the king's chamberlain, custodian of the concubines. She would not go to the king again, unless the king desired her, whereupon she would be summoned by name.
15 And when the time came for Esther, daughter of Avichayil uncle of Mordechai, who had taken her as a daughter, to go to the king, she did not ask for a thing other than that which Heigai, the king's chamberlain, custodian of the women, had advised. And Esther found favor in the eyes of all who saw her.
16 Esther was taken to King Achashverosh, to his palace, in the tenth month, which is the month of Tevet, in the seventh year of his reign.
17 And the king loved Esther more than all the women and she won his favor and kindness more than all the virgins; he placed the royal crown on her head and made her queen in Vashti's stead.
18 Then the king made a grand feast for all his ministers and servants, "The Feast of Esther." He lowered [taxes] for the provinces and gave presents befitting the king.
19 And when the virgins were gathered a second time, Mordechai was sitting at the king's gate.
20 Esther would [still] not divulge her ancestry or race, as Mordechai had instructed her. Indeed, Esther followed Mordechai's instructions just as she had done while under his care.
21 In those days, while Mordechai sat at the king's gate, Bigtan and Teresh, two of the king's chamberlains from the threshold guards, became angry and planned to assassinate King Achashverosh.
22 The matter became known to Mordechai and he informed Queen Esther. Esther then informed the king of it in Mordechai's name.
23 The matter was investigated and found [to be true] and the two were hanged on the gallows. It was then recorded in the Book of Chronicles before the king.
---------------------------------------Positive Commandment 213
Marriage
"When a man takes a wife and is intimate with her"—Deuteronomy 24:1.
It is a mitzvah for a man to marry a woman through kiddushin. Kiddushin is accomplished through one of three methods: a) The man giving the woman an object of value [for the purpose of marriage]. b) The man giving the woman a marriage contract [a document upon which is written, "With this document I am marrying you"]. c) Through the man being intimate with the woman.
Full text of this Mitzvah »
Marriage
Positive Commandment 213
Translated by Berel Bell
The 213th mitzvah is that we are commanded to acquire [by kiddushin1] a woman before2 marrying her [n'suin]: either by giving her something3 [of sufficient value]; by giving her a document [of marriage]; or by having marital relations [for the purpose of kiddushin]. This is the mitzvah of kiddushin.
This mitzvah is hinted to in the Torah in the verse,4 "When a man acquires a woman and has relations with her...." This implies that he can acquire her through having relations.
[That a document may be used is alluded to in the verse5 which states that after receiving a writ of divorce,] "She leaves...and may marry another man." [Since the divorce and the marriage are described together, they can be compared:] just as she leaves by means of a document, so too she may marry by means of a document.
So too, the use of money may be derived from the verse6 regarding a Jewish maidservant,7 [that upon reaching puberty, she goes free,] "without money." Our Sages explain,8 "There is no money received by this master, but another master does receive money. Who is this? The girl's father [who receives money when his daughter gets married]."9
However, only kiddushin by means of relations has the validity of a law m'dioraysa,10 as explained in many places in Kesuvos,11 Kiddushin,12 and Niddah.13 All the details of this law have been thoroughly explained in the designated tractate, i.e. Kiddushin.
Our Sages stated explicitly14 that kiddushin by means of relations is a Torah law. This statement proves that kiddushin counts as a law of the Torah.
FOOTNOTES
1.In Jewish law, there are two steps to a marriage, kiddushin and n'suin. After the first step, they are considered husband and wife, but they may not yet live together as such until after n'suin. During Talmudic times there was a twelve-month period between the two stages, but today they are performed together.
2.See Chinuch, mitzvah 539; Yad Halevi P213:1 (that this is also the Rambam's intention here); Kesef Mishneh, Hilchos Ishus, Ch. 1, end of Halachah 2 (as to the Rambam's description of this mitzvah as n'suin). According to Kapach, 5731, this phrase could be translated, "acquire a woman in order to live as husband and wife" (kinyan shel ishus).
3.This could be money or an object.
4.Deut. 24:1.
5.Deut. 24:2.
6.Ex. 21:11.
7.See P233.
8.Kiddushin 4a.
9.The Talmud compares the two parties who, at different times, could have control over the girl: her father, and her master, who has purchased her as a servant. The master, as the verse relates, need not receive money in order for her to be released from his control. Upon reaching puberty, she automatically goes free.
However, since only the case of the master is described in the verse, the Talmud derives that in the other case (the father), he does receive money when she is released from his control (i.e. through kiddushin). We therefore see that marriage can be effected by means of giving money.
10.According to many, the Rambam later changed his mind. See Haga'os Haramach, Kesef Mishneh, and other commentaries to Hilchos Ishus, beg. of Ch.1. Sefer Nashim, Kapach edition, 5747, note 5 (p.13). Sefer Hamitzvos, Kapach, 5731, P213, footnote 17.
11.3a.
12.Ch. 1, Mishneh 1.
13.Ch. 5, Mishneh 4.
14.Kiddushin 9b.
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Halacha 1
A person who desires to redeem produce from the second tithe should1redeem it according to its worth2 and say: "These coins3 take the place of this produce" or "The holiness of this produce is transferred to these coins."
If he did not make such an explicit statement, but merely set aside the coins equivalent to [the value of] the produce, it is sufficient. He need not make an explicit statement.4
The produce then is considered ordinary produce and the coins must be taken to Jerusalem and spent there,5 as [Deuteronomy 14:23] states: "When the journey will be too great for you, because you cannot transport it...."
Halacha 2
Similarly, if a person desires to transfer the holiness of produce from the second tithe to other produce, he should bring the other produce6 to Jerusalem and eat it there. He should not transfer the holiness of produce from one species to produce from another species,7 nor from high quality produce from one species to lower quality produce even if it is of the same species. If, however, he transferred the holiness of produce in these instances, the transfer is effective.
Halacha 3
A person who redeems produce from the second tithe should recite a blessing:8 "[Blessed are You...] who sanctified us with His commandments and commanded us concerning the redemption of the second tithe." If he transferred the holiness to other produce or he transferred the holiness of money to produce,9 he should recite the blessing: "...concerning the transfer of the holiness of the second tithe."10 A person who redeems or transfers the holiness of demai need not11 recite a blessing.12
Halacha 4
When one redeems produce from the second tithe, he should not redeem it as the second tithe, but rather as ordinary produce. He should say: "How much is this ordinary produce worth." [This applies] even if everyone knows that the produce is from the second tithe, so that it will not be disgraced.13
Halacha 5
The holiness of coins [used to redeem produce from] the second tithe should not be transferred to other coins.14 [This applies] whether both sets of coins were silver or both were brass, the first set was silver and the second brass, or the first set was brass and the second silver. If one transgressed and transferred the holiness, the transfer is effective.15
Halacha 6
[Outside of Jerusalem,] the holiness of money of the second tithe should not be transferred to produce. If such a transfer was made, the produce should be brought to Jerusalem and eaten there.16 [Similarly, the holiness of money from the second tithe] should not be transferred to living domesticated animals, beasts, or fowl. If one [attempted to] make such a transfer, the holiness of the second tithe is not transferred. [This is a decree,]17 lest one raise them in herds. If one transferred the [holiness of such funds] to animals that were slaughtered, they are considered as produce. They must be brought to Jerusalem and eaten there and the money is considered as ordinary funds.18
Halacha 7
Halacha 8
Halacha 9
The produce from the second tithe may only be redeemed23 for silver, as [implied by Deuteronomy 14:25]: "And you shall bundle the silver." Similarly, if a person redeems the silver for himself and adds a fifth,24 that fifth must be silver like the principal.25
One should not use uncoined silver for the redemption [of the second tithe]. Instead, one must use silver imprinted with an image or with writing.26 If one [attempted to] redeem [produce from the second tithe] with silver bullion or the like - this is referred as an asimon - his actions are of no consequence. We may not redeem [produce from the second tithe] with [a coin less valuable] than a p'rutah,27 because this is considered as redeeming with an asimon.
Halacha 10
We may not redeem [produce from the second tithe] with a coin that is not legal tender in that place and at that time,28 as [implied by ibid.:26]: "And you shall exchange the silver for anything your heart desires." [Implied is that the silver] must be fit for exchange.29 A coin minted by kings of an earlier era30may be used for redemption if it is still circulated as currency.
Halacha 11
We may not redeem [produce from the second tithe] with coins that are not in one's possession,31 as [implied by] the verse: "And you shall bundle the silver in your hand."32 If a person's pouch fell into a cistern, but it is possible for him to remove it from there, he may use [the coins in] it for redemption,33 for it is [still] in his domain.
Halacha 12
[The following rules apply when] one was traveling on the road, carrying money, and a man of force was approaching him.34 If he could save [his money, even] with difficulty, he can use it to redeem produce of the second tithe in his home.35 If he cannot, and he says: "The holiness of the produce that is in my house is transferred to this money," his statements are of no consequence.
Halacha 13
When a person sets aside money upon which to transfer the holiness of produce from the second tithe, he may [continue to] redeem his produce under the assumption that the money exists in his possession. If he discovers that the money has been lost, he must be concerned about all the produce that he redeemed with that money.36
Halacha 14
When a person located in Tiberias has money in Babylonian coinage in Babylon, he may not transfer the holiness [of the produce of the second tithe] to them.37If, by contrast, [although he is in Tiberias,] he possesses money of Tiberian coinage in Babylon, he may transfer the holiness [of the produce of the second tithe] to them.38 Similarly laws apply in all analogous situations.
Halacha 15
When a person says: "The holiness of produce from the second tithe is transferred to the first sela that I will take out of this wallet," "...on the sela I will receive when I exchange this golden dinar," "...on the pundiyon39 I will receive when I exchange this sela, the transfer is effective.40 The sela that he will take out or receive in exchange is money of the second tithe.
Halacha 16
When a person says: "The holiness of the produce of the second tithe is transferred to the sela in my son's possession, the holiness is not transferred. Perhaps the sela was not in his possession at that time.41
Halacha 17
When a person redeems the produce from the second tithe before he separates it, e.g., he says: "The second tithe of this produce42 is redeemed with this money," his statements are of no consequence and the tithes have not been defined. If, however, he says: "The second tithe from this produce is in its northern portion" or "...in its southern portion43 and its holiness is transferred to this money," the redemption is effective.
Halacha 18
When the produce of the second tithe is redeemed, it should be redeemed for its fair value.44 One may, however, value it at the buying price, i.e., what the storekeeper would pay if he purchased it and not the price he would charge if he sold it.45 Similarly, he may pay money according to the rate that a moneychanger would pay and not according to the rate he would charge.46 If a person transgresses and redeemed [produce] worth a maneh47 with [a coin] worth a p'rutah, the holiness [of the produce] is transferred.48
Halacha 19
[The following laws apply if] a sela was lacking a sixth or less [than its weight].49 If it would be accepted [in business dealings even] with difficulty, one may transfer the holiness a sela's worth [of produce of the second tithe] to it without concern.50 If one redeemed [produce] with a sela and it was discovered to be unacceptable,51 he should exchange it.52
Halacha 20
One should not redeem produce from the second tithe by estimation.53Instead, one should be precise concerning its volume or its weight and give their value. If the value [of the produce] was known,54 he may redeem it in the presence of only one person.55 If its value was not known, e.g., wine that had begun turning into vinegar,56 produce that spoiled, or coins that corroded, he should redeem them according to the appraisal of three merchants.57 [It is acceptable] even if one of them is a gentile or the owner of the produce58 of the second tithe. It is even acceptable to redeem [produce] based on the appraisal of a man and his two wives.59We compel the owner to make the first bid [to redeem the produce].60 This is a stringency applied with regard to produce from the second tithe over consecrated property.61
Halacha 21
We should not transport produce62 from the second tithe from one place to another to redeem it there. When a person transports produce from a place where it is expensive to a place where it is inexpensive should redeem it according to its value in the place he is redeeming it. If it is demai,63 we may redeem it at the inexpensive price, since it was possible to sell it at that price.
| FOOTNOTES | |
| 1. |
Although there is a difference of opinion concerning this manner in the Mishnah (Ma'aser Sheni4:7), the variance in views applies only after the fact. According to all views, the initial and preferable option is for him to make an explicit statement.
|
| 2. |
See Halachah 18 and Chapter 2, Halachah 2.
|
| 3. |
The coins need not be in front of him when he makes the declaration. As long as they are within his possession, it is acceptable. See Halachot 11-13.
|
| 4. |
For the circumstances clarify the nature of his intent [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 4:7)].
In some printings of the Mishneh Torah, there is a note (which some ascribe to the Ra'avad) that states that for the redemption to be acceptable when he does not make an explicit statement, he must have been involved with the matter beforehand. Rav Yosef Corcus discusses this issue at length, noting that this is indeed the law with regard to the consecration and divorce of a woman (Hilchot Ishut 3:8, Hilchot Gerushin 1:11). He makes two distinctions regarding the situations:
a) in contrast to consecration and divorce, setting aside money for produce from the second tithe is a self-explanatory act; the intent is directly obvious;
b) consecration and divorce must be observed by witnesses. Hence, one must make his intent clear to them. There is no such obligation with regard to the redemption of produce. The Shulchan Aruch (Yoreh De'ah 31:136) quotes the Rambam's ruling.
|
| 5. |
To purchase food. See Chapter 7, Halachah 3.
|
| 6. |
The original produce, by contrast, is now considered as ordinary produce and can be eaten anywhere. The Ra'avad differs and maintains that the transfer is not effective, for he maintains that the holiness of the produce from the second tithe can only be transferred to money. Nevertheless, as a stringency, he maintains that the second batch of produce must also be taken to Jerusalem. The Radbaz and the Kessef Mishneh justify the Rambam's ruling.
|
| 7. |
The Ra'avad differs with the Rambam on this issue as well and again the commentaries justify the Rambam's position.
|
| 8. |
Before separating the produce.
|
| 9. |
See Halachah 6.
|
| 10. |
In continuation of his comments on the previous halachah, the Ra'avad states that a blessing should not be recited. Since the person is not allowed to transfer the holiness of the produce in this manner, he should not recite a blessing.
|
| 11. |
Indeed, he should not, lest he be taking God's name in vein.
|
| 12. |
Because there is no definite Scriptural obligation incumbent on this produce.
|
| 13. |
Produce from the second tithe is sold for a lower price than ordinary produce, because restrictions apply with regard to its consumption. Hence, if produce from the second tithe is offered for evaluation and its identity is known, people will look at it less favorably. The Kessef Mishneh questions this rationale, noting that once this produce is redeemed, there is no difference between it and ordinary produce and hence, its price should not be reduced. He explains that, nevertheless, since it originally was from the second tithe, it is still viewed less favorably.
The Ra'avad differs with the Rambam's ruling and maintains that such a ploy is not necessary. The commentaries follow the Rambam's view.
|
| 14. |
The Radbaz and the Kessef Mishneh state that the Rambam derives this from the fact that Demai1:2 states that such a redemption may be made with coins upon which the holiness of the second tithe of demai had been transferred. Implied is that if we are certain that the produce is from the second tithe, no such redemption can be made. See the Rambam's Commentary to that mishnah where he states that the concept is derived from Deuteronomy 14:25 which states: "And you shall exchange it for silver and you shall bundle the silver," i.e., the silver originally used for the redemption must be the silver taken to Jerusalem.
See the conclusion of Chapter 5 and the beginning of Chapter 6 which mentions some exceptions to this general principle.
|
| 15. |
See also Halachah 7 which states that redemption may be made in a pressing situation.
|
| 16. |
I.e., if the produce was purchased intentionally with money of the second tithe. See Chapter 7, Halachot 1, 15.
|
| 17. |
I.e., our Sages rescinded the transfer of the holiness to the animal for the reason stated (Sukkah40b).
|
| 18. |
See Chapter 7, Halachah 16.
|
| 19. |
E.g., the situation described in Chapter 6, Halachah 2. This example is also discussed by the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:6).
|
| 20. |
I.e., one should not leave the brass coins in a state of holiness (ibid.). Among the reasons silver coins are preferred is that they are more prestigious and they do not corrode.
|
| 21. |
Since the separation of the second tithe from demai is merely a Rabbinic stringency, our Sages granted leniency in its application.
|
| 22. |
I.e., its holiness should not be transferred back to coins.
|
| 23. |
The Radbaz distinguishes between pediah, "redemption," which requires coined silver, and chillul, "the transfer of holiness." The latter does not required coinage at all.
|
| 24. |
As required by Chapter 5, Halachah 1.
|
| 25. |
See parallels in Hilchot Terumah 10:15; Hilchot Arachin 7:2.
|
| 26. |
This is also derived from the above prooftext. Vitzarta, translated as "you shall bundle," relates to the word tzurah meaning "form" or "image." Thus the prooftext is implying that one may redeem produce from the second tithe with silver with an imprint [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 1:2); based on Bava Metzia 47b].
|
| 27. |
A p'rutah is a copper coin of minimal value. One may not use a silver coin less valuable than this copper coin. The rationale is that its minimal value causes it to be considered as uncoined silver (Radbaz; Kessef Mishneh).
|
| 28. |
I.e., it has an imprint and was once issued by a government as currency, but is no longer accepted by the present ruling authorities.
|
| 29. |
The Rambam mentions this interpretation of the verse in his Commentary to the Mishnah (loc. cit.). The commentaries have not cited a common prior Rabbinic source. See, however, Midrash HaGadol and Midrash Tana'im.
|
| 30. |
But which is no longer being minted at present.
|
| 31. |
E.g., his pouch fell into the sea, in which instance, his coins are no longer accessible to him (Bava Kama 98a).
|
| 32. |
The word "yadecha," translated as "your hand," can also be interpreted as "your domain." That is the intent here, because the money need not actually be in one's hand. As long as they are in one's domain, and they are accessible, it is acceptable, as evident from this and the subsequent halachot.
|
| 33. |
The cost of recovering the coins must, however, be deducted before one uses the money to redeem produce [the Jerualem Talmud (Ma'aser Sheni 1:2)].
|
| 34. |
And he is certain that he will rob him.
|
| 35. |
I.e., the person knows that he will lose his money. Hence, rather than forfeit it without receiving anything for it, he decides that it is preferable for him to use it for something - to redeem his produce. The Kessef Mishneh maintains that the Rambam is not stating that, a priori, he may use the money to redeem his produce. Instead, the intent is that after the fact if he redeems the produce with this money, after the fact, the redemption is effective.
|
| 36. |
I.e., he must operate under the premise that the money was lost immediately after he saw it last and all the produce that he sought to redeem from that time onward was thus not redeemed. SeeHilchot Ma'aser 7:4, however, which mentions a similar situation with regard to tithing produce and rules that although the produce must be tithed again, the status of that tithing is only doubtful.
|
| 37. |
I.e., the Rambam's perspective is that in these instances, there are two negative factors: a) the coinage is not legal tender in the place where he is located; b) he does not have the money at hand. Hence, he cannot redeem the produce of the second tithe with it.
|
| 38. |
Because there is only one difficulty, that the person is not located in the same place as the money, the money is not disqualified.
The Ra'avad differs with the Rambam and maintains that there is only one significant factor, whether the money is legal tender in the place it is located. The Radbaz and the Kessef Mishnehdiscuss the two views at length.
|
| 39. |
All of the italicized terms are coins used in the Talmudic era.
|
| 40. |
In all these instances, the transfer of holiness is effective even though the coin was not singled out at the time when the declaration was made. Nevertheless, the transfer of holiness is not effective retroactively, i.e., we do not say that once the coin is taken, the transfer of holiness takes effect from the time the declaration was made.
The above follows the explanation given by Rav Yosef Corcus who notes that the Rambam (Hilchot Terumot 1:21) does not accept the principle of bereirah with regard to questions of Scriptural Law. The Radbaz explains that this explanation is not necessary, because the Rambam rules that the obligation to separate the second tithe in the present age is Rabbinic in origin.
|
| 41. |
Even if the coin was later discovered in the son's possession, the transfer of holiness is not effective, because we do not know whether it was in his possession at the time the declaration was made (Rashas). One might conclude that if one knows that the coin was in the son's possession at the time of the declaration, the separation is effective.
|
| 42. |
Which he has not yet separated.
|
| 43. |
Making such a statement is equivalent to separating the second tithe. Note the parallels in Hilchot Terumah 3:8.
|
| 44. |
I.e., at the time the Temple was standing; alternatively, in the present age, as an expression of piety (Chapter 2, Halachah 2).
|
| 45. |
I.e., the storekeeper obviously sells the produce for a higher price than the price at which he purchases it.
|
| 46. |
In his Commentary to the Mishnah (Ma'aser Sheni 4:2), the Rambam explains that a moneychanger will take 25 me'ah for a sela, but will only give 24. If the produce is worth a sela, the person redeeming it need not pay more than 24.
|
| 47. |
100 large silver pieces.
|
| 48. |
Bava Metzia 57a makes such a statement with regard to consecrated property (see Hilchot Arachin 7:8). The Rambam draws the parallel since the laws governing consecrated property are more stringent than those governing the second tithe.
|
| 49. |
In previous eras, the minting of coins was less precise and it was possible that a coin would weigh slightly less than the standard weight for it. Alternatively, wear and tear could have reduced its weight.
|
| 50. |
This is also a leniency, for in ordinary business dealings one would have to reimburse the other party for the difference in value (Hilchot Mechirah 10:12).
|
| 51. |
I.e., its worth is more than a sixth less than the value of a sela.
|
| 52. |
Transferring the holiness from it to a coin of fair value. There is no difficulty with the original transfer of holiness from the produce to the coin, for - after the fact - as long as a coin is worth ap'rutah, the transfer of holiness to it is effective as stated in the previous halachah.
|
| 53. |
For as stated above, the initial preference is to redeem the produce of the second tithe at its fair market price. That can only be established after its measure is known.
|
| 54. |
I.e., we are speaking about ordinary produce that has a fixed market value.
|
| 55. |
Because in such an instance, it is not necessary to evaluate its worth.
|
| 56. |
Which is still valuable, but is not as valuable as ordinary wine and hence, must be assessed, for once the produce has started to spoil, its value is not a cut-and-dry matter [the Rambam's Commentary to the Mishnah Talmud (Ma'aser Sheni 4:2)].
|
| 57. |
For they will be able to assess the true value of the produce.
|
| 58. |
Two gentiles or two owners, however, are not acceptable [Jerusalem Talmud (Ma'aser Sheni4:2)].
|
| 59. |
Sanhedrin 14b relates that Rav Papa's wife help evaluate his produce.
|
| 60. |
Because the owner must add a fifth.
|
| 61. |
The Rambam's ruling is based on his version of the Tosefta, Ma'aser Sheni 3:3. The Ra'avad maintains that the proper version of that source is: "We compel him to make the first bid. If he desires to retract he may. This is the stringency of consecrated property over the second tithes." The Kessef Mishneh notes that this is indeed the version of the Tosefta commonly followed. There is an added difficulty with the Rambam's ruling, because in all instances of consecrated property, he requires the owner to make the first bid. See Hilchot Arachin, ch. 5, in contrast to the statements of Radbaz here.
|
| 62. |
By contrast, money to which the holiness of the second tithe has been transferred may of course be transported.
|
| 63. |
In which instance, leniency is allowed, because the obligation is of Rabbinic origin.
|
| 64. |
The price of produce is a town is always higher than their price in the field, because someone had to undertake the transportation costs. See the Rambam's Commentary to the Mishnah (Ma'aser Sheni 2:1)].
|
| 65. |
I.e., they are included in the price of the produce of the second tithe. The rationale is that until the produce is redeemed, any increase in its value is considered part of the produce. Just like he is obligated to bring the produce to Jerusalem, he is obligated to do anything to facilitate its being brought to Jerusalem, including bringing it to a place where it is redeemed.
|
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Halacha 1
In [the era of] the Second Temple, the Greek kingdom issued decrees against the Jewish people, [attempting to] nullify their faith and refusing to allow them to observe the Torah and its commandments. They extended their hands against their property and their daughters; they entered the Sanctuary, wrought havoc within, and made the sacraments impure.
The Jews suffered great difficulties from them, for they oppressed them greatly until the God of our ancestors had mercy upon them, delivered them from their hand, and saved them. The sons of the Hasmoneans, the High Priests, overcame [them], slew them, and saved the Jews from their hand.
They appointed a king from the priests, and sovereignty returned to Israel for more than 200 years, until the destruction of the Second Temple.
Commentary Halacha 1
In [the era of] the Second Temple - The Chanukah miracle took place in the year 3596 (165 BCE). The Greek persecutions began several years beforehand.
the Greek kingdom - More particularly, the Seleucid kingdom of Syria, whose ruling hierarchy was of Greek origin.
issued decrees against the Jewish people, [attempting to] nullify their faith - Bereshit Rabbah 2:4 relates that the Greeks would have the Jews "write on the horn of an ox that they have no portion in the God of Israel."
and refusing to allow them to observe the Torah and its commandments. - See Megillat Antiochus, which relates that the Greeks prevented the Jews from observing the Sabbath and performing circumcision.
They extended their hands against their property - In this era, the Greek rulers established gentile cities in Eretz Yisrael and deprived the Jewish population of its livelihood.
and their daughters - Rashi, Shabbat 23a, states that before a Jewish virgin was married, she was required to have relations with a Greek officer.
they entered the Sanctuary, wrought havoc within - See Middot 1:6, 2:3 and Shekalim 6:3, which speak of the Greeks breaking open portions of the Soreg, a divider on the Temple Mount, and destroying portions of the wall around the Temple Courtyard.
and made the sacraments impure. - As we find with regard to the oil for the Menorah, the Greeks did not destroy the oil; they made it impure.
Herein, there is a lesson regarding the nature of the conflict between the Greeks and the Jews. The Greeks were not anxious to stamp out Judaism entirely. They were prepared to accept Judaism as one of the cultures of the Mediterranean area, which they would incorporate into an all-encompassing collection of knowledge and values; i.e., the sacraments of Judaism would remain, but they would become impure, tainted by Greek culture.
The Jews suffered great difficulties from them, for they oppressed them greatly until the God of our ancestors had mercy upon them, delivered them from their hand, and saved them. - By calling attention to the Divine origin of the Jews' victory before mentioning the Hasmoneans, the Rambam emphasizes the miraculous and spiritual nature of the miracle.
The sons of the Hasmoneans, the High Priests, overcame [them], slew them, and saved the Jews from their hand. - The valiant struggle of the Hasmoneans who were able to defeat the most powerful armies of the world with guerilla forces is recounted in many sources.
They appointed a king from the priests, and sovereignty returned to Israel for more than 200 years, until the destruction of the Second Temple. - There is a significance to these statements beyond the laws of Chanukah. There are many Rabbinic authorities who are highly critical of the Hasmoneans for assuming the kingship of the Jewish people. (See the Ramban's commentary on the Torah, Parashat Vayichi.) Although inHilchot Melachim 1:7-8, the Rambam writes that King David's descendants have an eternal right to the monarchy in Jerusalem, his description here of the Hasmoneans as kings does not have the slightest intimation of criticism; if anything, the contrary is true.
Several laws regarding the nature of kingship are derived from the Hasmonean kings and others, even from the kings of Herod's dynasty, who ruled after them.
Halacha 2
When the Jews overcame their enemies and destroyed them, they entered the Sanctuary; this was on the twenty-fifth of Kislev.1 They could not find any pure oil in the Sanctuary, with the exception of a single cruse. It contained enough oil to burn for merely one day. They lit the arrangement of candles from it for eight days2 until they could crush olives and produce pure oil.3
Halacha 3
Accordingly, the Sages of that generation ordained that these eight days, which begin from the twenty-fifth of Kislev, should be commemorated to be days of happiness and praise [of God]. Candles should be lit in the evening at the entrance to the houses on each and every one of these eight nights to publicize and reveal the miracle.
These days are called Chanukah. It is forbidden to eulogize and fast on them, as on the days of Purim. Lighting the candles on these days is a Rabbinic mitzvah, like the reading of the Megillah.
Commentary Halacha 3
Accordingly, the Sages of that generation - Shabbat 21b states that the celebration of the holiday was ordained in the year following the miracle.
ordained that these eight days, which begin from the twenty-fifth of Kislev, should be commemorated - There are many who question why the holiday is celebrated for eight days, since the miracle was only for seven (for there was enough oil for the Menorah to burn for a single day). The Rambam's words seem to allude to a resolution of this difficulty. The miraculous lighting of the Menorah began on the twenty-fifth of Kislev and continued for eight days.
[Note, however, the Pri Chadash (Orach Chayim 670:1), who explains that, according to the Rambam, the first day of the celebration was instituted in appreciation of the military victories, while the remaining seven came in recognition of the miracle of the Menorah.]
as days of happiness - an acknowledgement of God's miracles in a material context in appreciation of the military victories.
As the Rambam explains in Hilchot Purim, Chapter 2, "happiness" is associated with feasting. In this context, the Yam shel Shlomo, Bava Kama 7:37, explains that according to the Rambam - in contrast to the rulings of the Tur and the Shulchan Aruch (Orach Chayim 670:2) - the festive meals customarily served on Chanukah can be considered to be feasts associated with a mitzvah.
and praise [of God]. - A spiritual acknowledgement of God in appreciation of the miracle of the Menorah. These two aspects of the celebration of the holiday reflect the different nature of the miracles mentioned in each of the first two halachot (Likkutei Sichot, Vol. 10).
Candles should be lit in the evening at the entrance to the houses on each and every one of these eight nights to publicize and reveal the miracle. - Both factors, the kindling of the Chanukah candles at night - when their light could be seen - and their placement at the entrance to the house - where their light will be projected into the street - emphasize the principle of pirsumei nisa, publicizing the Chanukah miracle.
These days are called Chanukah. - According to the Rambam, the choice of this name is somewhat problematic: As mentioned above, there are authorities who associated the name with the expression, חנו כה, "they camped on the twenty-fifth." This certainly does not express the Rambam's view. Megillat Ta'anit associates Chanukah with chanukat hamizbe'ach, the rededication of the altar in the Temple, but there is no mention of this event by the Rambam here.
It is forbidden to eulogize and fast on them, as on the days of Purim. - As mentioned in the commentary on Chapter 2, Halachah 13, the prohibition to eulogize and fast applies only on the days of Chanukah themselves, and not on the preceding or succeeding days.
Significantly, unlike Purim, there is no prohibition against work on Chanukah (Shulchan Aruch, Orach Chayim 670:1).
Lighting the candles on these days is a Rabbinic mitzvah, like the reading of the Megillah. - This emphasizes the Rambam's perspective that the allusion to the obligation to read the Megillah in the Megillah itself does not change the status of this mitzvah. (See also the commentary on Chapter 1, Halachah 1.)
Halacha 4
Whoever is obligated to read the Megillah is also obligated to kindle the Chanukah lamp.4 On the first night, a person lighting [the lamp] recites three blessings. They are:
Blessed are You, God, our Lord, King of the universe, who has sanctified us with His commandments and has commanded us5 to light the Chanukah lamp."...who wrought miracles for our ancestors...."6"...who has granted us life, sustained us...."7
When a person who did not recite a blessing [on his own Chanukah lamp] sees a lamp,8 he should recite the latter two blessings.9 On subsequent nights, a person who kindles the lamp should recite two blessings and one who sees a lamp should recite one, for the blessing Shehecheyanu is recited only on the first night.10
Halacha 5
On each and every one of these eight days, the entire Hallel11 is recited.12Before [its recitation], one should recite the blessing "...who has sanctified us with His commandments and commanded us to complete the Hallel." This applies whether the recitation is individual or communal.13
Even though the reading of the Hallel is a mitzvah ordained by the Sages, one may recite the blessing [stating] "who sanctified us with His commandments and commanded us," as one recites a blessing for the reading of the Megillah14 and for the erection of an eruv.15 A blessing should be recited for every definite obligation established by our Sages.16
In contrast, if an obligation was established by the Sages because of a doubt - e.g., tithing d'mai,17 - a blessing is not recited.18 [This principle invites a question:] Why is a blessing recited over the second day of a festival; its observance was ordained only because of doubt?19 [This was ordained] lest it be treated with disdain.20
Halacha 6
It is not the recitation of Hallel on Chanukah alone that is a Rabbinic ordinance, but rather, at all times - i.e., on all the days that the complete Hallelis recited, [the obligation to do so] is a Rabbinic ordinance.
There are eighteen days during the year when it is a mitzvah to recite the entire Hallel. They are: the eight days of Sukkot, the eight days of Chanukah, the first day of Pesach, and the holiday of Shavuot. Hallel is not recited on Rosh HaShanah and Yom Kippur, since they are days of repentance, awe, and fear, and are not days of extra celebration. The [Sages] did not ordain the recitation of Hallel on Purim, because the reading of the Megillah [serves the purpose of Hallel].
Commentary Halacha 6
It is not the recitation of Hallel on Chanukah alone that is a Rabbinic ordinance - Since Chanukah is a Rabbinic holiday, one might think that the recitation of Hallel on those days is Rabbinic in origin, while the recitation of Hallel on the festivals has its source in the Torah itself. This is not the case.
but rather, at all times - i.e., on all the days that the complete Hallel is recited, [the obligation to do so] is a Rabbinic ordinance. - The Ra'avad notes that the Sages (see Pesachim 95b, Arachin 10b) considerIsaiah 30:29, "This song shall be to you as the night of the sanctification of the festivals" to be a reference to the recitation of Hallel. Because of this association with a Biblical verse, he considers the obligation to reciteHallel as different in status from other Rabbinic commandments. Indeed, the Halachot Gedolot considers this obligation to be one of the 613 mitzvot. This runs contrary to the position the Rambam mentions in Sefer HaMitzvot (General Principle 1), where he states that even those mitzvot ordained by the prophets are considered to be Rabbinic commandments.
The Maggid Mishneh explains that the verse in Isaiah reflects a command to recite Hallel in appreciation whenever God redeems us from difficulties. (For this reason, it is customary in certain communities to recite Hallel on the anniversary of a miraculous deliverance.) The custom of reciting Hallel on festivals, however, was established afterwards.
There are eighteen days during the year when it is a mitzvah to recite the entire Hallel - in Eretz Yisrael. There are three more days in the diaspora, as mentioned in the following halachah.
They are: the eight days of Sukkot, the eight days of Chanukah, the first day of Pesach - In contrast to the holiday of Sukkot, when a different musaf sacrifice is offered each day, on Pesach the same musafsacrifice is offered every day throughout the holiday. Therefore, the entireHallel is recited on the first day alone (Arachin 10b).
(Note also Megillah 10b, which states in connection to the splitting of the Red Sea, the major miracle associate with the later days of Pesach, "My creations are drowning in the sea and you desire to say Hallel!")
and the holiday of Shavuot. Hallel is not recited on Rosh HaShanah and Yom Kippur, since they are days of repentence, awe, and fear, and are not days of extra - Rosh HaShanah is a day of happiness. Thus, Nechemiah 8:10, "Eat sumptuous foods and drink sweet beverages... for the happiness of God is your strength," is interpreted as a reference to Rosh HaShanah. Nevertheless, it is not a day of "extra celebration."
celebration. - Arachin 10b relates:
The ministering angels enquired before the Holy One, blessed be He: "Master of the world: Why do the Jews not recite songs [of praise] before You on Rosh HaShanah and Yom Kippur?"He told them: "Is it proper that the King should sit on the throne of judgment with the book of life and the book of death open before Him and the Jews should recite songs [of praise]?"
See also the Rambam's Commentary on the Mishnah (Rosh HaShanah4:7).
The [Sages] did not ordain the recitation of Hallel on Purim, because the reading of the Megillah [serves the purpose of Hallel]. -On this basis, the Meiri states that a person who cannot hear the reading of the Megillah should recite Hallel on Purim.
Halacha 7
In places where the festivals are celebrated for two days, Hallel is recited on 21 days: On the nine days of Sukkot, the eight days of Chanukah, the [first] two days of Pesach, and the two days of Shavuot.21
[In contrast,] the recitation of Hallel on Rosh Chodesh is a custom and not a mitzvah.22 It is observed [only] communally. [To emphasize that it is a custom,] passages are skipped when it is read. A blessing should not be recited over [this reading], since a blessing is not recited over a custom.23
A person [praying] alone should not recite [the Hallel] at all [on Rosh Chodesh].24 If, however, he began its recitation, he should complete it, skipping the passages the community would skip as he reads it.
Similarly, on the other days of Pesach, [the Hallel] is read while skipping passages.25
Halacha 8
And how should one skip? One recites from the beginning of the Hallel until the phrase chalamish lema'y'no mayim. One then skips and [begins] recitingA-donai z'charanu y'varech, [continuing] until Halleluyah. One then skips and [begins] reciting Mah ashiv lA-donai, [continuing] until Halleluyah. Afterwards, one skips and [begins] reciting Min hametzar karati Yah, [continuing] until the conclusion of the Hallel.
This is the common custom. Others skip [passages] according to a different pattern.
Commentary Halacha 8
And how should one skip - when reciting Hallel on Rosh Chodesh and the latter days of Pesach?
One recites from the beginning of the Hallel - Psalm 113
until the phrase chalamish lema'y'no mayim. - The conclusion of Psalm 114.
One then skips and [begins] reciting A-donai z'charanu y'varech -Psalm 115:12
[continuing] until Halleluyah. - The conclusion of that psalm.
One then skips and [begins] reciting Mah ashiv lA-donai - Psalm 116:12
[continuing] until Halleluyah. - The conclusion of that psalm.
Afterwards, one skips and [begins] reciting Min hametzar karati Yah - Psalm 118:5.
[continuing] until the conclusion of the Hallel. - i.e., the conclusion of that psalm.
This is the common custom. - The Maggid Mishneh mentions that this is the custom which was followed in his community. Rav Kapach notes that there are some communities in Yemen that still follow this custom.
Others skip [passages] according to a different pattern. - Today, the popular custom in both Sephardic and Ashkenazic communities is to follow the pattern mentioned by Rashi, Ta'anit 28b. This resembles the pattern mentioned by the Rambam with one difference. Only the first two portions that the Rambam suggests skipping are skipped. From that point onward, the Hallel is recited until its conclusion. (See also Eliyahu Rabba422.)
Halacha 9
It is appropriate to recite Hallel throughout the entire day. A person who readsHallel in improper sequence does not fulfill his obligation. If a person reads and pauses, reads and pauses, even if he pauses for a time long enough to complete the entire [Hallel], he fulfills his obligation.
On the days when the entire Hallel is recited, one may make an interruption between chapters. Within a [single] chapter, however, one may not make an interruption. On the days when Hallel is read while skipping portions, one may make an interruption even within a chapter.
Commentary Halacha 9
It is appropriate to recite Hallel throughout the entire day. - AlthoughHallel is recited directly after the morning service, it is not an integral part of the prayer service and may be recited at other times. See Megillah20b, which derives an allusion to this concept from the exegesis ofPsalms 118:24: "This is the day which God wrought; let us rejoice and exult in it." Our "rejoicing and exultation," the recitation of Hallel, may be carried out throughout the entire day.
A person who reads Hallel in improper sequence does not fulfill his obligation. - Megillah 17a,b equates the reading of Hallel with the reading of the Megillah in this respect. (See Chapter 2, Halachah 1.)
Note the Mishnah Berurah 422:26, which explains that there are authorities who rule that proper sequence is required only within a particular psalm. The order of the psalms themselves, however, may be altered. This view, however, is not accepted by most authorities, and the prevailing practice is to follow their ruling.
See also Hilchot Kri'at Shema 2:11, where the Rambam states that it is not absolutely necessary to read the different passages of the Shema in order. On the other hand, there the Rambam explains his decision, stating that the passages of the Shema are not found in this order in the Torah. In contrast, the psalms of Hallel are recited in the order they are found in the Bible.
If a person reads and pauses, reads and pauses, even if he pauses for a time long enough to complete the entire [Hallel], he fulfills his obligation. - From Rosh HaShanah 34b, we can conclude that the laws that apply to the reading of the Megillah also apply to the reading of Hallel. (See Chapter 2, Halachah 2.)
As mentioned in the commentary on that halachah, the Ramah (Orach Chayim 65:1) rules that should a person be forced to refrain from completing the Shema because the place in which he is located contains filth, he does not fulfill his obligation if he waited the amount of time required to recite the Shema in its entirety. The commentaries question if this law applies with regard to the recitation of Hallel as well. (SeeMishnah Berurah 422:25.)
On the days when the entire Hallel is recited, - the recitation of theHallel has the strength of a Rabbinic commandment. Hence, the laws governing it are more severe.
one may make an interruption between chapters. - Seemingly, the Rambam does not consider the recitation of Hallel analogous to the recitation of the Shema (see Hilchot Kri'at Shema 2:15-16) and appears to allow all interruptions (Maggid Mishneh). The Lechem Mishneh, however, is more restrictive and allows interruptions only when there is a need.
In their analysis of Berachot 14a (the source for this halachah), Rabbenu Asher and other commentaries differ and compare the recitation of Hallelto the recitation of the Shema. Thus, one may greet an honored person between the chapters and may respond to a greeting from anyone at that time. The Shulchan Aruch (Orach Chayim 488:1) follows this ruling.
Within a [single] chapter, however, one may not make an interruption. - Here, the Shulchan Aruch (loc. cit.), following the principles mentioned above, states that a person may interrupt his recitation to greet his father or his teacher, or to respond to greetings from an honored person.
On the days when Hallel is read while skipping portions - TheEliyahu Rabba explains that the Rambam's ruling depends on his previous decision that a blessing should not be recited on these days. Making an interruption is significant when a blessing is recited. When a blessing is not recited, what does it matter whether one makes an interruption or not?
Although this explanation may be acceptable according to the Rambam's view, according to the Shulchan Aruch's ruling mentioned below, a different rationale must be applied. (See Be'ur Halachah 422.)
one may make an interruption - as above, any type of interruption
even within a chapter. - The Shulchan Aruch (Orach Chayim 422:4) differs and states that while the rules for making interruptions are more lenient on these days, one may not make an interruption for a matter that has no importance whatsoever. One may, however, greet a person one must honor and respond to greetings given by anyone.
Halacha 10
On all the days when the complete Hallel is recited,26 a blessing should be recited before Hallel.27 In places where it is customary to recite a blessing afterwards, a blessing should be recited [on these days].28
What blessing is recited?
God our Lord, all Your works will praise You, and the righteous and Your pious ones, who carry out Your will, and Your nation, the House of Israel, will joyously praise Your name. For it is good to praise You, O God, and it is is pleasant to sing to Your name. From the [spiritual] worlds to the [physical] world, You are the Almighty. Blessed are You, God, the King who is extolled and praised, who is glorified, living and enduring. May He reign at all times and for eternity.29
Halacha 11
There are places which follow the custom of repeating30 each verse fromod'cha ki anitani (Psalms 118:21) until the conclusion of the Hallel.31 Each verse is read a second time. In places where this repetition is customary, the verses should be repeated. In places where it it is customary not to repeat, they should not be repeated.32
Halacha 12
This is the custom according to which Hallel was recited in the days of the early Sages:33 After reciting the blessing, an adult34 begins reciting the Halleland says, Halleluyah. All the people respond Halleluyah.
He then reads, Hallelu avdei A-donai, and all the people respond,Halleluyah.35 He then reads, Hallelu et shem A-donai36 and all the people respond, Halleluyah. He then reads, Yehi shem A-donai mevorach me'atah v'ad olam, and all the people respond, Halleluyah.
Similarly, after every bar [of the Hallel, the people respond Halleluyah]. Thus, they respond Halleluyah 123 times throughout the entire Hallel; a sign to remember this: the years of Aaron's life.37
Halacha 13
[It is] also [customary that] when the reader reaches the beginning of each and every chapter, the people repeat the line he recited. What is implied? When he recites the line B'tzeit Yisrael miMitzrayim,38 the people repeat the line B'tzeit Yisrael miMitzrayim.
The reader then recites beit Yaakov me'am lo'ez and all the people respond,Halleluyah. [They continue to respond Halleluyah after each bar] until the reader reads, Ahavti ki yishma A-donai et koli tachanunai,39 to which the people all respond, Ahavti ki yishma A-donai.... Similarly, when the reader reads Hallelu et A-donai kol goyim,40 the people all respond, Hallelu et A-donai kol goyim.
Halacha 14
The reader should read, Anna A-donai hoshi'ah na, and [the people] should repeat Anna A-donai hoshi'ah na, although it is not the beginning of a chapter. He [then] reads Anna A-donai hatzlichah na, and they repeat Anna A-donai hatzlichah na.41 He reads Baruch haba... and they respond Baruch haba....42
If the person reading the Hallel was a minor, a slave, or a woman, [the people] should repeat the entire Hallel after them word by word.43 The above represents the custom followed in the early ages and it is fitting to adhere to it. At present, however, I have seen different customs in all places with regard to the reading of [the Hallel] and the responses of the people, not one of them resembling another.
| FOOTNOTES | |
| 1. |
Significantly, the wording of the Rambam appears to indicate that the victory of the Hasmoneans took place on the twenty-fifth of Kislev. Rabbenu Nissim and other authorities explain that the victory took place on the twenty-fourth, and it was on the twenty-fifth that the Jews rested from the war and entered the Sanctuary. Indeed, an allusion to this is found in the very name Chanukah, חנוכה, which is broken up into two words, חנו כה, "they camped on the twenty-fifth."
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| 2. |
The commentaries raise the question: Why was the miracle of the cruse of oil necessary? With regard to communal offerings, in which category falls the kindling of the Menorah, we follow the rule that "the requirement for ritual purity is suspended," if it is impossible to bring the offering in purity (Hilchot Bi'at HaMikdash 4:7-17). Thus, if the cruse of pure oil had burned out, the Jews could have used impure oil. Why did God perform a miracle when there was no absolute necessity?
Among the explanations for this is that God saw the dedication of the Jewish people as evidenced by their search for pure oil, and, in a greater sense, by their entire struggle against the Greeks. This commitment which extended beyond the limits of their intellect evoked a miracle from God that transcended the limits of nature.
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| 3. |
This fact also provokes a question: Why did it take so long to produce pure olive oil? Although there is an obligation to use oil of the finest quality for the Menorah (see Hilchot Issurei HaMizbe'ach 6:1, 7-8-10), when there is no other alternative, inferior oil prepared for the Menorahis also acceptable. Seemingly, it would have been possible to produce oil from olives in the Jerusalem vicinity in less than eight days.
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| 4. |
I.e., all adult men and women; similarly, there is an obligation upon parents to train their children in the observance of this mitzvah.
Although Chanukah is a mitzvah that is dependent on a specific time, women are obligated, because "they were also included in the miracle." As mentioned in Halachah 1, the Greeks' decrees affected them and they also had a share in the military victory, for the Greek commander was slain by a woman, Yehudit.
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| 5. |
Although the mitzvah of kindling Chanukah lights was ordained by the Sages, it is proper to praise God "who commanded us," as explained in Chapter 1, Halachot 1 and 3.
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| 6. |
This blessing is also recited in commemoration of the Purim miracles (Chapter 1, Halachah 3).
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| 7. |
This blessing is recited whenever one fulfills a mitzvah that is performed only from time to time (Hilchot Berachot 11:9).
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| 8. |
The Shulchan Aruch (Orach Chayim 676:3) interprets this as referring to a person who has not lit the Chanukah candles yet, is not intending to light them, and will not have them lit by others in his home. (See Chapter 4, Halachah 11.) Since he will not be fulfilling the mitzvah by himself, he should commemorate the miracle by reciting these blessings on candles lit by others.
Significantly, Rav Kapach's version of the Mishneh Torah does not contain the phrase, "who did not recite a blessing." Based on a responsum of the Rambam, he develops a unique interpretation, explaining that one may recite these blessings several times each night if he did not have the intent to light or see additional Chanukah lamps.
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| 9. |
Since he did not kindle the lamp himself, it is improper for him to praise God for the opportunity to fulfill the mitzvah.
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| 10. |
After the fulfillment of this mitzvah on the first night, it is no longer appropriate to recite this blessing.
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| 11. |
Hallel is a selection of celebrant psalms (Psalm 113-118). The Rambam mentions the entire Hallelas a contrast to the partial Hallel recited on Rosh Chodesh and the latter days of Pesach, which is described in Halachah 7.
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| 12. |
Significantly, the Rambam describes the laws of Hallel in these halachot instead of in the laws of prayer. This emphasizes that Hallel is an expression of praise for the miracles associated with the holiday, and, as apparent from the following halachah, an expression of holiday joy rather than a requirement of prayer.
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| 13. |
With regard to the partial Hallel, there are differences between an individual recitation and a communal recitation, as explained in Halachah 7. No such differences apply with regard to the fullHallel, and there is an obligation incumbent on each individual to recite these psalms with a blessing.
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| 14. |
As mentioned in the commentary on the previous halachah, the difficulty is that the blessing implies that the mitzvah was given to us by God, and yet these mitzvot were ordained by the Sages. This difficulty is resolved by explaining that the Torah commands us to adhere to the rulings of the Sages. Therefore, by observing the Sages' command, we are fulfilling God's will. (See Chapter 1, Halachot 1 and 3.)
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| 15. |
The term eruv refers to three different practices: the convention established to allow one to carry in a closed courtyard on the Sabbath, the convention established to allow one to cook for the Sabbath on a festival that falls on Friday, and the convention allowing one to extend the limits one is allowed to walk on the Sabbath. (See Hilchot Eruvin.)
One might ask why the Rambam mentions the reading of the Megillah and the eruv, but not the kindling of the Chanukah lights mentioned in the previous halachah. Similarly, one may ask why this issue was not discussed with regard to the recitation of the blessing over the Chanukah lights.
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| 16. |
In addition to these four mitzvot, the mitzvot instituted by the Rabbis over which blessings are recited include the washing of hands before prayer and meals, and the lighting of candles before Sabbaths and festivals.
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| 17. |
D'mai refers to produce belonging to unlearned individuals whom the Sages suspected of refraining from separating the tithes required by our Sages. They required that the tithes be separated by anyone who acquired such produce. (See Hilchot Ma'aser, Chapter 9.)
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| 18. |
The Rambam's statement is based on his interpretation of Shabbat 23a. The Ra'avad offers a different interpretation of the passage, which would require the recitation of a blessing for a Rabbinic mitzvah even if it was ordained only because of a doubt. Nevertheless, the Rambam's view is accepted by most authorities.
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| 19. |
See Hilchot Kiddush HaChodesh, Chapter 5. Originally, when the calendar was determined according to the testimony of witnesses who saw the new moon, the inhabitants of the far-removed areas were in doubt regarding when the festivals should be observed. Hence, they began to observe two days. This practice was perpetuated even in the present age, despite the fact that we follow a fixed calendar.
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| 20. |
The Sages felt that were the blessing not to be recited, the people would not regard these days as festivals.
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| 21. |
In order to emphasize that there is no difference between the first day of each holiday and the second, Hallel is recited on both days.
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| 22. |
Arachin 10b relates that although Rosh Chodesh is called mo'ed (a festival), since there is no prohibition against performing work, there is no obligation to recite Hallel.
The recitation of Hallel on Rosh Chodesh is also dealt with in Ta'anit 28b. That passage relates:
Rav studied in Eretz Yisrael at the time of the composition of the Mishnah and returned to Babylon shortly thereafter. We can thus conclude from this passage that at that time, it was not customary in Eretz Yisrael to read Hallel on Rosh Chodesh, and that it was not until the center of Rabbinic authority shifted to Babylon that this custom became uniformly accepted throughout the Jewish people.
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| 23. |
The Rambam is reiterating a principle he stated in Hilchot Berachot 11:16, based on Sukkah 44b, which states that a blessing is not recited over the striking of the willows on Hoshana Rabbah, because it is a custom.
Some authorities object, however, explaining that the custom of striking the willows differs from the recitation of the Hallel. In the latter instance, since the Hallel is a lengthy prayer - in contrast to the performance of a simple action - it is proper to recite a blessing (Tosafot, Ta'anit 28b). Others differentiate between the communal recitation (see the following note) of the Hallel, where a blessing is required, and the recitation of these psalms by an individual, when it is not (Rabbenu Yonah, Maggid Mishneh).
The Shulchan Aruch (Orach Chayim 422:2) quotes Rabbenu Yonah's view and that of the Rambam, stating that it is customary in Eretz Yisrael to follow the Rambam's ruling. In his gloss, the Ramah quotes Tosafot's view, stating that this is the Ashkenazic custom.
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| 24. |
Ta'anit 28b states:
The halachic authorities differ in their interpretation of this passage: The Rambam interprets "does not" as "should not" - i.e., these prayers should be recited only communally and not by an individual. The Ashkenazim (Rashi and Tosafot) interpret "does not" as "need not" - i.e., the custom is an obligation on the community, which may be accepted by an individual if he desires.
In this instance, the Shulchan Aruch (loc. cit.) does not accept the Rambam's ruling, and states that a person praying alone should recite the Hallel.
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| 25. |
Although most halachic authorities equate the latter days of Pesach with Rosh Chodesh totally, the Ramban differs and explains that there is a binding obligation on every individual to recite Hallelthroughout the Pesach holiday. Nevertheless, he agrees that passages should be skipped in its recitation.
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| 26. |
There is a difference of opinion regarding the conclusion of this blessing. Many authorities state that on the days when the entire Hallel is recited, the blessing should conclude ligmor et haHallel, "to conclude the Hallel." It is, however, Ashkenazic custom to conclude the blessing likro et haHallel at all times, even when the entire Hallel is recited (Ramah, Orach Chayim 488:1).
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| 27. |
The Rambam's statement emphasizes the contrast between these days when a blessing is recited and the days when the Hallel is recited with skipped passages. On those days, no blessing is recited according to the Rambam, as stated in Halachah 7.
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| 28. |
The Rambam mentions that the matter is dependent on custom, quoting Sukkah 3:11. In the present day, however, it is a universally accepted custom to recite this blessing.
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| 29. |
There are slight differences between the text of the blessing quoted by the Rambam and that recited in Ashkenazic communities today. Rav Kapach also mentions slight differences between the authoritative Yemenite manuscripts of the Mishneh Torah and the popularly printed text.
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| 30. |
According to our present custom, this means that both the chazan and the congregation recite these verses twice. Rav Kapach interprets this as meaning that the verses are repeated by the congregation after the reader.
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| 31. |
Rashi (Sukkah 38a) explains the rationale for the custom of repeating these verses as follows: The previous verses are repetitive in nature - e.g., "It is better to rely on God than to trust in men; It is better to rely on God than to trust in nobles"; or "The right hand of God performs deeds of valor, the right hand of God is exalted." In contrast, each of the verses from od'cha onward is an independent concept that is not repeated.
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| 32. |
In the era of the Shulchan Aruch, it appears that there were still variant customs in different communities. (See Orach Chayim 422:3.) Our present custom is to repeat these verses.
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| 33. |
The Rambam's rulings in this and the following halachot are based on Sukkah 38b, 39a.
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| 34. |
In contrast to a minor, as mentioned in Halachah 14.
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| 35. |
With regard to the practice of the people responding Halleluyah after each bar, Rashi (Sukkah38b) cites Sotah 30b's description of the manner in which the Jews responded to Moses' recitation of the song of celebration after crossing the Red Sea.
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| 36. |
I.e., each verse of the Hallel contains at least two bars. The reader reads each bar out loud, and the people respond after him Halleluyah. The Shulchan Aruch (Orach Chayim 422:3) mentions that there are communities that follow these practices. In the present age, these customs are no longer followed in all Ashkenazic and most Sephardic communities.
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| 37. |
See the Jerusalem Talmud, Shabbat 16:1 and Soferim, Chapter 16.
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| 38. |
This is the beginning of Psalm 114. The custom mentioned in this halachah is not followed in most communities at present.
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| 39. |
This is the beginning of Psalm 115. Significantly, the Rambam does not mention Lo lanu, the beginning of Psalm 116 according to our present reckoning.
Rav Kapach explains the Rambam's ruling based on the Jerusalem Talmud (Shabbat 16:1) which states that there are 147 chapters in the book of Psalms. According to the custom he cites, our Psalms 115 and 116 are a single chapter. There are, however, commentaries that maintain that the omission of Lo lanu is merely a printing error.
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| 40. |
This is the beginning of Psalm 117. There is a difference of opinion among the authorities if the congregation should repeat the verse Hodu... which begins Psalm 118.
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| 41. |
The Rambam is stating that these two phrases should be repeated by the congregation after the reader. This custom is followed at present as well, except that it is customary for both the reader and the congregation to repeat each phrase twice.
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| 42. |
Our translation follows the standard published text of the Mishneh Torah. Based on manuscripts and early printings of the Mishneh Torah, some authorities amend the text so that it reads: "He reads Baruch haba... and they respond beshem A-donai."
At present, it is customary to recite this and the following verses a second time, but not to do so in response to the reader.
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| 43. |
When the Hallel is recited in the manner described by the Rambam, the entire congregation does not recite the entire Hallel themselves. They nevertheless fulfill their obligation, based on the principle that "one who listens is considered as if he recited [the prayers] himself" (see Hilchot Berachot 1:11).
This principle does not apply, however, when the person reciting the prayer is not obligated to do so. Hence, since all the individuals mentioned by the Rambam (quoting Sukkah 3:10) are not obligated to say Hallel, an adult male cannot fulfill his obligation by listening to their recitation. By repeating the Hallel word for word, he does fulfill his obligation, since in this manner he recites the entire Hallel.
The Mishnah (loc. cit.) states that a person who must have one of the above read for him is worthy of a curse. The intent is that he should learn how to read himself.
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Megillah vChanukah - Chapter Four
Halacha 1
How many candles should one light on Chanukah? The mitzvah is that a single candle should be lit in each and every house, regardless of whether there are many members of the household, or merely one person [lives] there.
A person who performs the mitzvah in a beautiful and conscientious manner should light candles for every member of the household, whether male or female.
A person who is even more conscientious in his performance of the mitzvah than this and observes the mitzvah in the most desirable manner should light candles for every member of his household, a candle for each individual, whether male or female, on the first night. On each subsequent night, he should add a candle [for each of the members of the household].
Commentary Halacha 1
How many candles should one light on Chanukah? The - minimal requirement to fulfill the
mitzvah is that a single candle should be lit - on each night of the holiday
in each and every house - Significantly, the mitzvah of lighting Chanukah candles is connected with an individual's home as well as with his person. Therefore, as mentioned in Halachah 11, a person who is a guest at the home of others need not share in the lighting of the candles if he knows that candles are being lit in his own home.
regardless of whether there are many members of the household, or merely one person [lives] there. - Shabbat 21b states: "The mitzvah of Chanukah requires a candle for a man and his household."
A person who performs the mitzvah in a beautiful and conscientious manner should light candles for every member of the household - Shabbat 21a.
From the Rambam's statements, it appears that the additional light is kindled by the master of of the household and not by each of the members of the household themselves. Even according to this interpretation, however, the custom of each child lighting Chanukah lights is valuable as an expression of chinuch, training them in the observance of the mitzvot.
whether male or female. - As stated in Chapter 3, Halachah 4, women are obligated to fulfill the mitzvah of lighting Chanukah candles. Nevertheless, separate candles should not be lit for one's wife (Mishnah Berurah 671:9). Similarly, in some communities, even when candles are lit for every member of the household, they are not lit for girls under the age of Bat Mitzvah.
A person who is even more conscientious in his performance of the mitzvah than this and observes the mitzvah in the most desirable manner - Shabbat (loc. cit.) describes such a person as mehadrin min hamehadrin.
should light candles for every member of his household, a candle for each individual, whether male or female, on the first night. - i.e., these people also fulfill the practice of the mehadrin. See Tosafot (Shabbat, ibid.), who differ. See also the commentary on Halachah 3. In addition,
On each subsequent night, he should add a candle [for each of the members of the household]. - e.g., on the second night, he lights two candles for each of the members of the household, as explained in the following halachah.
"IR1100Shabbat (ibid.) mentions a difference of opinion between the School of Hillel and the School of Shammai. The School of Shammai maintains that eight candles should be lit on the first night, seven on the second, etc. The School of Hillel, in contrast, maintains that "one should increase in holy matters and not decrease," and one therefore begins with one candle and adds a new candle every night.
Halacha 2
What does the above imply? When there are ten members of a household, on the first night one lights ten candles, on the second night - twenty, on the third night - thirty, until on the eighth night, one lights eighty candles.
Halacha 3
It is common custom in all of our cities in Spain that a single candle is lit for all the members of the household on the first night. We proceed to add a new candle on each and every night, until on the eighth night eight candles are lit. [This practice is followed] regardless of whether there are many members of the household or only one man [is lighting candles].1
Halacha 4
When a candleholder has two openings, it can be counted for two individuals.
[The following rules apply when] one fills a bowl with oil and surrounds it with wicks: If one covers it with a utensil, each of the wicks is considered to be a separate candle. If one does not cover it with a utensil, it is considered to be a large fire, and is not counted even as a single candle.
Commentary Halacha 4
When a candleholder has two openings - and a wick is kindled in both of them
it can be counted for two individuals. - Although both wicks use the same oil, since they protrude from separate portions of the candelabrum, they are considered to be separate lights.
This law is applicable to the mehadrin (see Halachah 1), who light a candle for each individual (Rashi, Shabbat 23b). Alternatively, this law is relevant for two people whose doorways are adjacent to each other or when two people live in the same house, but do not share in their household expenses (Maggid Mishneh).
The Magen Avraham 671:2 states that according to the Ashkenazic custom, in which each person lights his own candles, two people should not light candles using the same candleholder even on the first night. A passerby might see the two lights and instead of thinking they were lit by two different people, he might err and think that one person lit both candles because it is the second night of the holiday.
Since the purpose of lighting candles is pirsumei nisa, publicizing the Chanukah miracle, the impression created in an onlooker's mind is significant. Therefore, two people should not light candles in this manner.
[The following rules apply when] one fills a bowl with oil and surrounds it with wicks: If one covers it with a utensil - The flames from each of the lights will not merge together. Therefore,
each of the wicks is considered to be a separate candle - and is thus significant according to our custom of adding candles each night.
If one does not cover it with a utensil - The flames from each of the lights may merge together as a single flame. Therefore,
it is considered to be a large fire, and is not counted even as a single candle. - A large fire may be used for several purposes and hence does not necessarily serve as a sign of the commemoration of the Chanukah miracle.
In light of this halachah, the Ramah (Orach Chayim 671:4) discusses the use of a circular candelabrum. The Mishnah Berurah 671:18 mentions that in such a candelabrum, each candleholder should be at least one fingerbreadth from the other.
Halacha 5
The Chanukah candles should not be kindled before sunset. Instead, [they should be kindled] at sunset. One should not light later or earlier.
Should one forget, or even if one purposely did not light at sunset, one may light afterwards until there are no longer any passersby in the marketplace.
How long a duration of time is this? Approximately half an hour or slightly more than that. Should this time pass, one should not kindle the lights.
One should place enough oil in the lamp so that it will continue burning until there are no longer any passersby in the marketplace. If one lit it and it became extinguished, one need not light it a second time. If it remained burning until there are no longer passersby in the marketplace, one may extinguish it or remove it if one desires.
Commentary Halacha 5
The Chanukah candles should not be kindled before sunset. - Most commentaries interpret the Rambam's intent as the time when the sun disappears from the horizon. The Tur and the Shulchan Aruch (Orach Chayim 672:1) interpret "sunset" in this context as referring to the time when there is no sunlight visible - i.e., the appearance of three stars. Many of the later authorities, however, accept the Rambam's ruling. (See the Be'ur Halachah 672.)
The candles should not be lit before sunset, since their purpose is to publicize the Chanukah miracles. During the daytime, no one will notice them and this purpose will not be served.
Instead, [they should be kindled] at sunset. - This is the ideal time to kindle them. Since the sun has already set, the candle's light will be noticed. On the other hand, since there is still some light outside, it is obvious that the candles are being lit for the purpose of publicizing the Chanukah miracle and not for one's individual needs.
One should not light later - At night, it is customary to kindle lights. Therefore, if a person lights the candles at this time, an onlooker may err and think that he is lighting for his own needs and not for the sake of the mitzvah. Nevertheless, on Saturday night, when there is no alternative, we light the candles after the appearance of the stars.
or earlier - The Shulchan Aruch (Orach Chayim 672:1) cites an opinion which states that from plag haminchah (an hour and a quarter before nightfall) onward, a person who is busy and will not have an opportunity later may kindle the Chanukah lights. He must, however, place enough oil within them for them to continue burning for half an hour after nightfall.
On Friday night, we all rely on this opinion and kindle the Chanukah lights shortly before sunset. (See Shulchan Aruch, Orach Chayim 679).
Should one forget, or even if one purposely did not light at sunset -although the most appropriate time for fulfilling the mitzvah has passed
one may light afterwards until there are no longer any passersby in the marketplace. - Once the passersby no longer walk in the street, one will not be publicizing the Chanukah miracle by lighting candles.
How long a duration of time is this? Approximately half an hour or slightly more than that. - Thus, according to the Rambam, after half an hour past sunset, kindling the candles no longer fulfills a mitzvah. The Ramah (Orach Chayim 672:2) states that in the present age, since it is customary to light inside one's house (see Halachah 8 and commentary), the essential element of publicizing the Chanukah miracle is to involve one's own family in the candle lighting. Therefore, one fulfills the mitzvah as long as the members of one's household are awake.
The Ramah, nevertheless, counsels that at the outset, one should try to adhere to the stricter view. In light of these statements, the common practice of lighting the Chanukah candles well after nightfall should be examined. Is it correct to refrain willfully from fulfilling the mitzvah in the most desirable manner, and perhaps, according to the Rambam, not to fulfill it at all?
Should this time pass, one should not kindle the lights. - This appears to indicate that, according to the Rambam, it is undesirable to light the candles afterwards. The Shulchan Aruch (Orach Chayim 672:2), however, quotes the opinion of the Tur, which states that if one did not light the candles at the proper time, one should light them throughout the night. (There is, however, a question about the recitation of a blessing.)
One should place enough oil in the lamp - When one lights the candles, they should have the amount of oil mentioned. It is improper to light with a smaller amount of oil and add more afterwards. (See Shulchan Aruch, Orach Chayim 675:2.)
so that it will continue burning until there are no longer any passersby in the marketplace. - At present, in deference to the opinion that states that the time for candle lighting begins after nightfall, even when a person kindles Chanukah candles at sunset, enough oil should be placed in the candelabrum for the candles to burn until half an hour after nightfall.
If one lit it and it became extinguished, one need not light it a second time. - The Shulchan Aruch (Orach Chayim 673:2) prefaces this law by stating the principle, "kindling fulfills the mitzvah." Although the Chanukah candles should burn for half an hour, one fulfills the mitzvah only when lighting them. Thus, one must light them in a manner that - barring any unexpected events - they will be able to burn for a half an hour - e.g., they must have a sufficient amount of oil to burn for that period and they must not be placed where they could be extinguished by the wind. Once a person has taken these precautions, however, he has no further obligation.
Note, however, the Mishnah Berurah 673:27, which states that it is proper to relight the candles so that they will burn for the desired time.
If it remained burning until there are no longer passersby in the marketplace - there is no longer any purpose in having the candles burning. Thus the mitzvah is concluded and therefore
one may extinguish it or remove it - While the candles are burning, however, they should not be moved. See also Halachah 9 and commentary.
if one desires. - Kinat Eliyahu notes that at the present time, it is customary for people to walk or travel at night after nightfall. For this reason, perhaps the Chanukah candles should be left burning for longer than a half an hour. For as long as they are burning, the intent of pirsumei nisa, publicizing the Chanukah miracle, is fulfilled.
Halacha 6
All oils and all wicks are acceptable for use in the Chanukah lamps, even those oils that are not drawn after the wick and even those wicks that do not hold the light well. Even on the Sabbath nights of Chanukah, it is permitted to light with oils and wicks that are forbidden to be used for the Sabbath lights.
[The reason for this leniency is that] it is forbidden to use the Chanukah candles [for one's own purposes] whether on the Sabbath or on a weekday. It is even forbidden to use their light to inspect or count coins.
Commentary Halacha 6
All oils and all wicks are acceptable for use in the Chanukah lamps -This is a contrast to the Sabbath laws. As explained in Chapter 2 of the tractate of Shabbat and Chapter 5 of the Rambam's Hilchot Shabbat, there are certain oils and wicks that are unacceptable for use for the Sabbath candles.
even those oils that are not drawn after the wick - This is the primary reason one is not allowed to use these oils on the Sabbath. Since they are not drawn after the wick, their light does not burn brightly. A person might inadvertently tilt the lamp for the light to shine brighter, and thus transgress the Sabbath laws. There is no reason for caution in this regard on Chanukah, as explained below. Hence, there is no difficulty in using such oil.
Although all oils are acceptable for the Chanukah candles, the Rabbis have suggested using olive oil, for this was the oil used to light the Menorah in the Temple (Ramah, Orach Chayim 673:1, Mishnah Berurah673:4). If olive oil is not available, one should use beeswax candles.
and even those wicks that do not hold the light well. - Here also, these wicks were forbidden for use for the Sabbath candles lest one tilt the light.
Although all wicks are acceptable, it is customary to use wicks of flax or of cotton (Mishnah Berurah 673:2).
Even on the Sabbath nights of Chanukah, it is permitted to light -the Chanukah lights
with oils and wicks that are forbidden to be used for the Sabbath lights. - Needless to say, the prohibition against using these candles for the Sabbath lights still remains in effect.
[The reason for this leniency is that] - In addition to the reason cited by the Rambam in this halachah, Shabbat 21b mentions the principle stated in the previous halachah: If a Chanukah candle is extinguished, there is no obligation to light it again.
Thus, the reason these wicks and oils may be used on the Sabbath of Chanukah can be explained as follows: We are not worried about the candles being extinguished, because even in that eventuality, there is no obligation to relight the candles. Nor are we worried that one will tilt the Chanukah candles so that their light will shine brighter, because:
it is forbidden to use the Chanukah candles [for one's own purposes] - During the week, this prohibition applies only during the first half hour that the candles are burning. Afterwards, their mitzvah is completed, as stated in the previous halachah.
whether on the Sabbath or on a weekday. - The Sabbath candles were instituted to bring about sh'lom bayit, "peace in the home," through the use of their light. In contrast, the Chanukah candles were instituted for pirsumei nisa, publicizing the Chanukah miracle. To emphasize this purpose, the Sages forbade using them for any other purpose.
Furthermore, the Chanukah candles were instituted to commemorate the miracle of the Menorah in the Temple. Thus, just as it is forbidden to use the Menorah's light for any worldly purpose, so too, the light of the Chanukah candles is prohibited (Mishnah Berurah 673:8).
It is even forbidden to use their light to inspect or count coins. -Shabbat 22a relates that this prohibition was instituted so that the mitzvot would be viewed with respect. If a person were able to use the light of the Chanukah lamp for his own purposes, he would treat the mitzvah with little regard.
In this halachah, the Rambam is describing a situation when the Chanukah candles are lit outside the home (where it is unlikely that the light of the candles will be used for mundane purposes). In Halachah 8, he mentions the lighting of candles within the home (and it is likely that work will be carried out within the home at that time). Therefore, it is in that halachah that he mentions the custom of lighting another candle (theshamash) next to the Chanukah candles, so that if a person carries out an activity near the candles, he will be using the light of that additional candle.
See also the Shulchan Aruch (loc. cit.), which questions whether it is permissible to use the Chanukah candles for a holy purpose - e.g., to study Torah by their light.
Halacha 7
It is a mitzvah to place the Chanukah lamp at the outside of the entrance to one's home, within the handbreadth that is closest to the doorway on the left side as one enters the home, so that the mezuzah will be on the right side and the Chanukah lamp on the left side.
When a person lives in a second storey apartment, he should place [the Chanukah lamp] in a window close to the public domain. If [a person] places a Chanukah lamp more than twenty cubits [above the ground], his actions are of no consequence, because [the lamp] does not attract attention [at that height].
Commentary Halacha 7
It is a mitzvah to place - As is obvious from Halachah 9, the Chanukah lamp should be placed outside before being lit.
"IR1200the Chanukah lamp at the outside of the entrance to one's home - As mentioned previously, the mitzvah of lighting Chanukah candles was instituted for the purpose of pirsumei nisa, publicizing the Chanukah miracle. Therefore, the candles should be placed at the outside of one's dwelling to attract the attention of the passersby in the public domain (Rashi, Shabbat 21b).
In a spiritual sense, this points to the potential possessed by the Chanukah candles to spread light beyond the normal limits of holiness. Generally, mitzvot are performed within a home or synagogue. In this instance, the nature of the mitzvah is to spread light to the public domain, to illuminate the darkness of the world at large.
"IX within the handbreadth that is closest to the doorway - If the candelabrum were placed any further away, it would not be obvious that the owner of the home placed it there for the purpose of kindling Chanukah lights (ibid.).
on the left side as one enters the home - Generally, mitzvot are associated with the right side; the left side, by contrast, is identified with the forces of evil. Lighting the Chanukah candle on the left indicates a potential to refine and elevate the forces opposed to holiness (Likkutei Sichot, Vol. V).
so that the mezuzah will be on the right side - as is required (seeHilchot Mezuzah 6:12)
and the Chanukah lamp on the left side. - so that the person kindling them will be surrounded by mitzvot.
The Shulchan Aruch (Orach Chayim 671:7) states that if there is no mezuzah in the doorway, the Chanukah candles should be lit on the right side.
When a person lives in a second storey apartment - The Shulchan Aruch (ibid.:5) qualifies this to mean a second storey apartment that does not have a private entrance to the public domain or a courtyard. If the apartment has such an entrance, the Chanukah lamp should be lit at that entrance.
he should place [the Chanukah lamp] in a window close to the public domain. - For the sake of pirsumei nisa.
If [a person] places a Chanukah lamp more than twenty cubits - a cubit is between 18 and 24 inches, according to the varying Rabbinic opinions. Thus the Rambam is speaking about a height between thirty and forty feet.
[above the ground], his actions are of no consequence - i.e., he is not considered to have fulfilled the mitzvah
because [the lamp] does not attract attention [at that height]. - We see a similar concept with regard to the s'chach of a sukkah and thekorah of an alleyway. If they are placed above twenty cubits, they are not acceptable (Hilchot Sukkah 4:11; Hilchot Shabbat 17:15).
Although the Rambam does not address himself to this issue, the Maggid Mishneh and similarly, the Shulchan Aruch (ibid.:6), state that the Chanukah lights should be placed between three and ten handbreadths high.
Halacha 8
In a time of danger, a person may place a Chanukah lamp inside his house; even if he lit it on his table, it is sufficient.
[Therefore,] another lamp must be burning in the house to provide light for one's [mundane] activities. If a fire is burning in the house, an additional candle is not necessary. For a prestigious person who does not normally use the light of a fire, an additional candle is required.
Commentary Halacha 8
In a time of danger, a person may place a Chanukah lamp inside his house - Shabbat 21b mentions this leniency. According to Tosafot, the danger refers to the persecutions of the Jews of Babylon by the ruling Persians for lighting candles mentioned in Shabbat 45a. Needless to say, there have been countless other periods of persecution in Jewish history.
It is, however, significant that even in times when there was no obvious danger, the custom has been to light the Chanukah candles inside our homes. Even in the present day, when there is little danger of persecution in most places where Jews are located, it is not customary to light the Chanukah candles at the entrance to the home in most communities.
even if he lit it on his table, it is sufficient. - i.e., there is no necessity to light near a doorway. The Ramah (Orach Chayim 671:7) states that it is preferable that the Chanukah lights be positioned near a doorway.
[Therefore,] another lamp must be burning in the house to provide light for one's [mundane] activities. - As mentioned in Halachah 6, it is forbidden to use the light of the Chanukah lamp for a mundane purpose. Since it is very likely that there will be some activity carried out in the house while the candles are burning, an additional light should be kindled. Note the Mishnah Berurah 673:14, which explains that the present custom is to kindle an additional light near the Chanukah candles, besides the light that is ordinarily burning in the room.
This light, called the shamash, should be placed apart from the Chanukah candles so that it can be distinguished from them (Shulchan Aruch, Orach Chayim 673:1). Often, many commercially produced Chanukah lamps fail to make a sufficient distinction between this candle and the Chanukah lights themselves.
If a fire is burning in the house - One can use the light it produces for one's mundane activities; therefore
an additional candle is not necessary. For a prestigious person who does not normally use the light of a fire, an additional candle is required - to serve the purpose of the shamash.
Halacha 9
A Chanukah lamp that was kindled by a deaf-mute, a mentally incapable person, a minor, or a gentile is of no consequence. It must be kindled by a person who is obligated to light it.
Should the [Chanukah lamp] be kindled inside and then taken and placed at the entrance of one's home while it is still burning, it is of no consequence. One must light it in its place.
If one held a candle and stood in one place, it is of no consequence, since an observer will say, "He is standing there for his own purposes."
When a lamp was burning through the entire [Sabbath] day, one may extinguish the light, recite the blessings [for the mitzvah], and relight the lamp. Kindling the lamp fulfills the mitzvah and not placing it down.
It is permissible to light one Chanukah candle from another Chanukah candle.
Commentary Halacha 9
A Chanukah lamp that was kindled by a deaf-mute, a mentally incapable person, a minor, or a gentile is of no consequence. - i.e., it does not constitute fulfillment of the mitzvah. All these four individuals are not obligated to fulfill mitzvot. Therefore, their kindling of the Chanukah lamp cannot fulfill the obligation instituted by our Sages.
Rabbenu Nissim mentions that a minor who is of the age when he is obligated to be trained in the fulfillment of the commandments may kindle the Chanukah lamps on behalf of the household. This opinion is not, however, accepted by other authorities, although they do mention that a child should be trained in the observance of the mitzvah of Chanukah candles as part of his process of education (chinuch).
Although the Rambam does not mention the latter concept explicitly, nevertheless, it is expected that he would agree. (See Hilchot Nachalot11:10.)
It must be kindled by a person who is obligated to light it. - This and the laws that follow depend on the principle that "Kindling the lamp fulfills the mitzvah and not placing it down" (Shabbat 23a). Since the mitzvah is fulfilled when the Chanukah lamp is being lit, the person lighting the lamp must be obligated in the mitzvah.
Should the [Chanukah lamp] be kindled inside and then taken and placed at the entrance of one's home while it is still burning, it is of no consequence. - Shabbat 22b explains that even those opinions that do not accept the principle, "Kindling the lamp fulfills the mitzvah and not placing it down," would accept this law, because it would appear that one is carrying the lamp as a torch and using it to light the way.
One must light it in its place. - Furthermore, as an extension of this law, it is proper not to move the Chanukah candles at all for the half an hour that they are required to burn (Mishnah Berurah 675:6).
If one held a candle and stood in one place - The Turei Zahav 675:3 states that this restriction applies only when one holds the Chanukah lamp for the full half an hour that it is required to burn. If, however, one held it while lighting it and placed it down, one is considered to have fulfilled the mitzvah.
The Mishnah Berurah 675:7, however, quotes other opinions, which do not accept this principle, and states that one should light the candles when the candelabrum is positioned in its place.
it is of no consequence - i.e., one does not fulfill the mitzvah. This law differs from the others stated in this halachah, which depend on the principle, "Kindling the lamp fulfills the mitzvah and not placing it down." Indeed, Shabbat 22b cites this law in an attempt to refute this principle. Nevertheless, although the above-mentioned principle is accepted, this law is still valid. Thus, it can be assumed that the Rambam mentions this law in this halachah only because it is mentioned in this context in the Talmud.
since - another factor is involved
an observer will say, "He is standing there for his own purposes."
When a lamp was burning through the entire [Sabbath] day, one may extinguish the light - To fulfill the mitzvah for the present night, one must extinguish the light. The word "may" is used only because there is no obligation to kindle one's Chanukah lights in this manner.
recite the blessings [for the mitzvah], and relight the lamp. -Although an onlooker would not necessarily appreciate that this lamp was kindled for the purpose of pirsumei nisa, one is considered to have fulfilled the mitzvah. The rationale for this decision - and most of the other laws mentioned in this halachah - is the following principle:
Kindling the lamp fulfills the mitzvah and not placing it down. -Shabbat 23a derives this principle from the blessing we recite before lighting the candles, which mentions the commandment "to kindle the Chanukah lights."
There are two dimensions to every mitzvah: the performance of the deed itself (the po'al) - in this instance, the deed of kindling the Chanukah lights - and the effect of that performance (the nif'al), the fact that these lights are burning. This principle emphasizes that it is the kindling of the lights which is the focus of the mitzvah.
This is significant, for one might think that since the purpose of the mitzvah is pirsumei nisa, communicating the Chanukah miracles, what is most important is the fact that the lights are burning; how they are lit is of no consequence. This principle shows, however, that for pirsumei nisa to take place, the Chanukah lights must be kindled as prescribed by our Sages (Kinat Eliyahu).
It is permissible to light one Chanukah candle - The Shulchan Aruch(Orach Chayim 674:2) cites an opinion that states that this also applies to other candles that are lit for the purpose of a mitzvah - e.g., the Sabbath candles.
from another Chanukah candle. - Chanukah candles may not be used for any mundane purpose, for doing so is an act of disrespect for the mitzvah. Shabbat 22a states that using them to light another Chanukah candle is acceptable, however, since this is obviously not an act of disrespect.
The Rambam states this law in the present halachah, which deals with the principle, "Kindling the lamp fulfills the mitzvah and not placing it down," because Shabbat 22b associates the two. Since "kindling the lamp fulfills the mitzvah," the act of lighting the lamp is the essence of the mitzvah, and, therefore, using another Chanukah candle is not considered an act of disrespect. If, however, placing the Chanukah candles down constituted the mitzvah, the kindling of another candle would not be a direct fulfillment of a mitzvah. Therefore, it would not be proper to use another Chanukah lamp for that purpose (see Rashi,Shabbat, loc. cit.).
[Note, however, Tosafot (Shabbat 23a) and the Ramah (Orach Chayim674:1), which state that it is customary not to light one Chanukah candles from another.]
Among the questions also discussed with regard to this law is whether one must light the second candle from the first, or if it is acceptable if one lights a match from the first candle and uses it to light the second candle. To state the matter in terms of a question relevant to us: If the shamashis extinguished and one intends to use it to light other candles, may it be relit from a Chanukah candle which is already burning or not? Both opinions are mentioned in the Shulchan Aruch (Orach Chayim 674:1). According to the later authorities, it is definitely desirable to light only a candle to be used for a mitzvah itself from the Chanukah lights.
Halacha 10
When a courtyard has two entrances from two different directions, it requires two [Chanukah] lamps. [Were one to light at only one entrance,] the passersby from the other direction might say, "A Chanukah light had not been placed down." If, however, [two entrances to a courtyard] are located on the same side, [it is sufficient] to light at only one of them.
Commentary Halacha 10
When a courtyard has two entrances from two different directions -Rashi, Shabbat 23a, clarifies that the entrances need not be on opposite sides, as long as they are different - e.g, north and east
it requires two [Chanukah] lamps. - The Ramah (Orach Chayim 671:8 states that only one blessing should be recited, for the second candle is not being lit to fulfill the mitzvah per se.
[Were one to light at only one entrance,] the passersby from the other direction might say, "A Chanukah light had not been placed down." - At present, however, when it is customary to light inside one's home, it is sufficient even for a person with such a courtyard to kindle a single Chanukah lamp (Ramah, loc. cit.).
If, however, [two entrances to a courtyard] - and it is obvious they are from a single home (Ramah, loc. cit.).
are located on the same side, [it is sufficient] to light at only one of them. - For there is no possibility of such a mistake being made.
Halacha 11
A guest [at another person's home, whose family] kindles [the Chanukah lights] for him at his home need not kindle [Chanukah lights] in the home where he is [temporarily] lodging. If, however, he has no home in which [Chanukah lights] are being kindled, he is required to light in the place where he is lodging. He should share in the oil [used by the owner of his lodgings].
If he is staying in a private dwelling, he is required to light in the place where he is staying, even though [Chanukah lights] are being kindled for him at home, because [of the impression created in the minds] of the passersby.
Commentary Halacha 11
A guest - i.e., a person who is not a permanent member of the household, even though he eats at the family table (Mishnah Berurah677:4).
Shabbat 23a, the source for this halachah, concerns itself with yeshivahstudents. Rabbi Zeira states, "When we were students at the academy, I contributed pennies to my host's candles. After I took a wife, I said, 'This is not necessary.' The same laws, however, apply to other guests.
[at another person's home, whose family] kindles [the Chanukah lights] for him at his home need not kindle [Chanukah lights] in the home where he is [temporarily] lodging. - This halachah clarifies the expression used by the Rambam at the beginning of this chapter, "The mitzvah is that a... candle should be lit in each and every house."
This implies that the obligation of kindling Chanukah lights is associated with an individual's dwelling, as well as with his person. I.e., although as stated in Chapter 3, Halachah 4, the obligation to kindle Chanukah lamps is incumbent on each person, the mitzvah is that every Jewish dwelling should be illuminated. Therefore, if Chanukah lamps are being kindled in one's dwelling, one has no further obligation regarding the mitzvah even though one does not see those Chanukah lamps oneself.
The rationale for this decision is that the Chanukah candles were instituted for the purpose of pirsumei nisa. Thus, what is important is that the light of the Chanukah lamps is perceived by others.
Note the Ramah's decision (Orach Chayim 677:3) that if a person desires, he may light the Chanukah lamps in the place where he is staying. This is common practice in the Ashkenazic community at present.
The Ramah states that such a person may also recite the blessings. This ruling is not accepted by many other authorities, who suggest that he hear the blessings recited by another person (Mishnah Berurah 677:16).
If, however, he has no home in which [Chanukah lights] are being kindled - The Turei Zahav 677:1 states that a person must be certain that his wife is lighting the candles at home. If the possibility exists that she will not do so, one should kindle Chanukah lights and recite a blessing.
he is required to light in the place where he is lodging. - He need not, however, kindle his own Chanukah lamp.
He should share - He is not required to pay the cost of half the oil. It is sufficient for him to give a few pennies towards its cost (Shabbat, loc. cit.; Shulchan Aruch, Orach Chayim 677:1).
in the oil [used by the owner of his lodgings]. - Similarly, two people sharing the same home who provide for their needs separately may share a single Chanukah lamp in this fashion (Be'ur Halachah 677).
If he is staying in a private dwelling - more specifically, if the dwelling where he is staying has a private entrance (Shulchan Aruch, loc. cit.)
he is required to light in the place where he is staying - This applies even when he eats together with another family and merely sleeps in his private dwelling.
even though [Chanukah lights] are being kindled for him at home -and thus, he would ordinarily have no obligation to kindle these lights
because [of the impression created in the minds] of the passersby. -As mentioned in the previous halachah, were passersby to see a Jewish house without the Chanukah lights having been kindled, the very opposite of pirsumei nisa will have been accomplished.
Halacha 12
The mitzvah of kindling Chanukah lamps is very dear. A person should be very careful in its observance to publicize the miracle and thus increase our praise of God and our expression of thanks for the miracles which He wrought on our behalf. Even if a person has no resources for food except [what he receives] from charity, he should pawn or sell his garments and purchase oil and lamps to kindle them [in fulfillment of the mitzvah].2
Halacha 13
When a person has only a single prutah and he [is required to fulfill both the mitzvot of] sanctifying the [Sabbath] day and lighting the Chanukah lamp, he should give precedence to purchasing oil to kindle the Chanukah lamp over [purchasing] wine to recite kiddush. Since both [of these mitzvot] are Rabbinic in origin, it is preferable to give precedence to the kindling of the Chanukah lamp, for it commemorates the miracle.
Commentary Halacha 13
When a person has only a single prutah - A prutah is worth .05 gram of silver, approximately 5-10 cents in today's currency. It is a significant commentary on the inflation in food costs to note that either a cup of wine or a measure of oil could be purchased for that amount.
and he [is required to fulfill both the mitzvot of] sanctifying the [Sabbath] day - reciting kiddush
and lighting the Chanukah lamp, he should give precedence to purchasing oil to kindle the Chanukah lamp over [purchasing] wine to recite kiddush. - In this instance, he should recite kiddush over bread, as stated in Hilchot Shabbat 29:9. If a person has the choice between purchasing bread for his Sabbath meal or oil for his Chanukah lamp, the bread is given priority (Mishnah Berurah 678:4).
Since both [of these mitzvot] are Rabbinic in origin - There is a Biblical commandment to "Remember the Sabbath to sanctify it" (Exodus 20:8). This commandment, however, involves merely making a statement of the day's holiness; the concept of associating the kiddush with wine is Rabbinic in origin (Hilchot Shabbat 29:1,6).
it is preferable to give precedence to the kindling of the Chanukah lamp, for it commemorates the miracle - fulfilling the purpose ofpirsumei nisa.
Halacha 14
If [a person has the opportunity to fulfill only one of two mitzvot,] lighting a lamp for one's home [i.e., Sabbath candles] or lighting a Chanukah lamp - or, alternatively, lighting a lamp for one's home or reciting kiddush - the lamp for one's home receives priority, since it generates peace within the home.
[Peace is of primary importance, as reflected by the mitzvah requiring] God's name to be blotted out to create peace between a husband and his wife. Peace is great, for the entire Torah was given to bring about peace within the world, as [Proverbs 3:17] states: "Its ways are pleasant ways and all its paths are peace."
Blessed be the Merciful One who grants assistance. This concludes the third book.3 It contains 97 chapters:
Hilchot Shabbat - 30 chapters;
Hilchot Eruvin - 8 chapters;
Hilchot Sh'vitat Asor - 3 chapters;
Hilchot Sh'vitat Yom Tov - 8 chapters;
Hilchot Chametz UMatzah - 8 chapters;
Hilchot Shofar, Sukkah, V'Lulav - 8 chapters;
Hilchot Shekalim - 4 chapters;
Hilchot Kiddush HaChodesh - 19 chapters;
Hilchot Ta'aniot - 5 chapters;
Hilchot Megillah VaChanukah - 4 chapters.
Blessed be God forever. Amen and Amen.
Commentary Halacha 14
If [a person has the opportunity to fulfill only one of two mitzvot,] lighting a lamp for one's home [i.e., Sabbath candles] - Perhaps the Rambam uses the expression "lighting a lamp for one's home," rather than the expression "the Sabbath lamp" to emphasize that the focus is on how the Sabbath lamp leads to peace in the home.
or lighting a Chanukah lamp - or, alternatively, lighting a lamp for one's home or reciting kiddush - It is questionable why the Rambam mentions the latter law in Hilchot Chanukah when both the mitzvot concerned relate to the Sabbath. Although Shabbat 23b, the source for this halachah, refers to the two items mentioned in this halachah together, there is no necessity for the Rambam to do so. On the contrary, the Rambam structured the Mishneh Torah subject by subject. Seemingly, it would have been proper for him to mention this law in Hilchot Shabbat. [Indeed, the Tur and the Shulchan Aruch (Orach Chayim 263:3) mention this law in connection with the laws of the Sabbath as well.]
By structuring his text in this manner, however, the Rambam indicates that the priority of kindling Sabbath candles stems not from a particular law associated with the Sabbath, but rather from a general principle - the importance of peace - which relates to the entire Torah as a whole (Likkutei Sichot, Vol. XV).
the lamp for one's home receives priority, since it generates peace within the home. - Shabbat 23b associates the Sabbath candles with peace, explaining that they prevent the members of the household from stumbling over obstacles, and also allow them to avoid the discomfort of sitting in darkness.
Significantly, in Hilchot Shabbat 5:1, the Rambam mentions that the Sabbath candles contribute to the atmosphere of oneg Shabbat, Sabbath pleasure. Similarly, in Hilchot Shabbat 30:5, he mentions them as being associated with activities carried out in honor of the Sabbath (k'vod Shabbat). In the laws of the Sabbath itself, the Rambam does not mention the connection between the Sabbath candles and peace within the home.
This relates to the concept mentioned previously, that the peace generated by the Sabbath candles relates to the Torah as a whole and not to the Sabbath in particular (Likkutei Sichot, loc. cit.).
[Peace is of primary importance, as reflected by the mitzvah requiring] God's name to be blotted out - As mentioned in Hilchot Yesodei HaTorah, Chapter 6, blotting out God's name is a severe matter and constitutes a Torah prohibition. Nevertheless, this prohibition is waived
to create peace between a husband and his wife. - The Rambam is referring to the process of testing a sotah, a woman suspected of committing adultery. A curse against her containing God's name is written on a scroll. The text is rubbed out in water, and the water is given to the woman to drink. If she indeed committed adultery, she will die. (SeeNumbers 5:11-31; Hilchot Sotah 3:8-10.)
Peace is great, for the entire Torah was given - The Rambam's choice of wording is extremely precise. The Torah does not exist for the world. On the contrary, Shabbat 88b relates that the Torah existed even before the world came into being. I.e., the Torah represents spiritual truths that transcend our material existence. Nevertheless, the Torah "was given," drawn down into the context of our material frame of reference for a purpose,
to bring about peace within the world, as [Proverbs 3:17] states: "Its ways are pleasant ways and all its paths are peace." - This concept shares an intrinsic connection to Chanukah (and is therefore chosen as the conclusion for Hilchot Chanukah), because the Chanukah candles are intended for the purpose of pirsumei nisa. They project the light of Torah into the world at large and make the world conscious of its Godly purpose. The spreading of the awareness of Godliness is associated with peace, as reflected by the Rambam's statements at the conclusion of the Mishneh Torah:
In that era (the Era of the Redemption), there will be... neither envy nor competition.... The occupation of the entire world will be solely to know God.... "For the world will be filled with the knowledge of God as the waters cover the ocean bed."
May we merit the coming of that era in the immediate future.
| FOOTNOTES | |
| 1. |
The Lechem Mishneh questions the custom mentioned by the Rambam. Since the Rambam maintains that the mehadrin min hamehadrin also observe the practice of the mehadrin, this custom seems inappropriate. It is not the custom of the mehadrin min hamehadrin, nor is it the minimum requirement of the law.
The Lechem Mishneh justifies the custom, explaining that since each night additional light is added, there is a positive intent even though it does not follow the practice of the mehadrin min hamehadrin.
"IX The Shulchan Aruch (Orach Chayim 671:2) quotes the custom cited by the Rambam as halachah. The Ramah adds that in Ashkenazic communities the custom is to fulfill the mitzvah in the manner of mehadrin min hamehadrin - i.e., each member of the household lights candles, and each night an additional candle is added. It is significant that with regard to this mitzvah in particular, it is common custom throughout the Ashkenazic community, for everyone - even those who are not fully observant - to fulfill this mitzvah in "the most desirable manner."
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| 2. |
Although the Rambam's ruling is accepted by all authorities, the commentaries question the Rambam's source. The Maggid Mishneh explains that since in Hilchot Chametz UMatzah 7:7 (based on Pesachim 10:1), the Rambam states that even a person who derives his income from charity should not drink less than four cups of wine on Pesach, we can conclude that the same concept applies with regard to Chanukah. Indeed, as explained in the following halachah, kindling Chanukah candles receives priority over the recitation of Kiddush.
The concept of selling or pawning one's clothes to perform a mitzvah is mentioned in Megillah 27b with regard to the mitzvah of Kiddush.
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| 3. |
The standard printed text of the Mishneh Torah also contains the line "And this concludes the first part [of the work]." We have omitted this line, for nowhere else is a division of the Mishneh Torahinto parts mentioned.
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Ishut - Chapter One
Halacha 1
Before the Torah was given, when a man would meet a woman in the marketplace and he and she decided to marry, he would bring her home, conduct relations in private and thus make her his wife. Once the Torah was given, the Jews were commanded that when a man desires to marry a woman, he must acquire her as a wife in the presence of witnesses. [Only] after this, does she become his wife. This is [alluded to in Deuteronomy 22:13]: "When a man takes a wife and has relations with her...."
Halacha 2
This process of acquisition fulfills [one of] the Torah's positive commandments.1 The process of acquiring a wife is formalized in three ways: through [the transfer of] money, through [the transfer of a] formal document and through sexual relations.
[The effectiveness of] sexual relations and [the transfer of a] formal document have their origin in the Torah [itself], while [the effectiveness of transfer of] money is Rabbinic in origin.2
This process of acquisition is universally referred to as erusin ("betrothal") orkiddushin ("consecration"). And a woman who is acquired in any of these three ways is referred to as mekudeshet or me'ureset.
Halacha 3
Once this process of acquisition has been formalized and a woman has become mekudeshet, she is considered to be married even though the marriage bond has not been consummated and she has not entered her husband's home. Should anyone other than her husband engage in sexual relations with her, he is liable to be executed by the court. If her husband desires to divorce her, he must compose a get [a formal bill of divorce].
Halacha 4
Before the Torah was given, when a man would meet a woman in the marketplace, and he and she desired, he could give her payment, engage in relations with her wherever they desired, and then depart. Such a woman is referred to as a harlot.3
When the Torah was given, [relations with] a harlot became forbidden, as [Deuteronomy 23:18] states: "There shall not be a harlot among the children of Israel."4 Therefore, a person who has relations with a woman for the sake of lust, without kiddushin, receives lashes as prescribed by the Torah, because he had relations with a harlot.
Halacha 5
Whenever it is forbidden to engage in relations from the Torah, and engaging in relations makes one liable for karet - i.e., the [forbidden relationships] mentioned in Parashat Acharei Mot, such as a person's mother, his sister, his daughter and the like - these relations are called arayot, and each particular forbidden relationship is called an ervah.5
Halacha 6
There are other women with whom relations are forbidden according to the Oral Tradition; these prohibitions are Rabbinic in origin. These women are called shniyot (prohibitions of a secondary nature). There are twenty such women, including:
a) one's maternal grandmother; this prohibition continues upward without interruption: a person's maternal grandmother's maternal grandmother - and also those further removed - are also forbidden;
b) the mother of a person's maternal grandfather; this prohibition applies to her alone [and not her forbears];
c) a person's paternal grandmother; this prohibition continues upward without interruption: a person's paternal grandmother's maternal grandmother - and also those further removed - are also forbidden;
d) the mother of his paternal grandfather; this prohibition applies to her alone [and not her forbears];
e) the wife of his paternal grandfather; this prohibition continues upward without interruption; the wife of our Patriarch Jacob is forbidden to any one of us;
f) the wife of his maternal grandfather; this prohibition applies to her alone;
g) the wife of his father's maternal brother;
h) the wife of his mother's brother, whether a paternal or a maternal brother;
i) his son's daughter-in-law; this prohibition continues downward without interruption; any one of our wives is forbidden to our Patriarch Jacob;
j) the daughter-in-law of one's daughter; this prohibition applies to her alone;
k) the daughter of one's son's daughter; this prohibition applies to her alone;
l) the daughter of one's son's son; this prohibition applies to her alone;
m) the daughter of one's daughter's daughter; this prohibition applies to her alone;
n) the daughter of one's daughter's son; this prohibition applies to her alone;
o) the daughter of the son of one's wife's son; this prohibition applies to her alone;
p) the daughter of the daughter of one's wife's daughter; this prohibition applies to her alone;
q) the maternal grandmother of one's wife's father; this prohibition applies to her alone;
r) the paternal grandmother of one's wife's mother; this prohibition applies to her alone;
s) the maternal grandmother of one's wife's mother; this prohibition applies to her alone;
t) the paternal grandmother of one's wife's father; this prohibition applies to her alone.
Thus, the categories of shniyot that continue without interruption are four: one's maternal grandmother - this continues upward without interruption; one's paternal grandmother - this continues upward without interruption; the wife of one's paternal grandfather - this continues upward without interruption; and the wife of one's son's son - this continues downward without interruption.
Halacha 7
All relations with women that are forbidden by the Torah, but that are not punishable by karet, are referred to as issurei lavin (prohibitions forbidden by negative commandments); they are also referred to as issurei kedushah(prohibitions [that encourage] holiness).
They are nine: relations between a widow and a High Priest;6 those between a divorcee, a zonah,7 or a chalalah8 and either a High Priest or an ordinary priest,9 those between a bastard10 and a native-born Jewish male or female, those between a native-born Jewish woman and a Moabite or Ammonite convert,11 those between a man and his divorcee after she has been married to another person,12 those between a native-born Jewish woman and a man with crushed testicles or a cut member,13 and those between a yevamah and a man other than [one of her deceased husband's brothers] while she is still obligated to them.14
According to Rabbinic decree, an equation is established between a divorcee and a woman who undergoes chalitzah, and the latter is also forbidden [to engage in relations] with a priest. The Rabbis also placed netinim in the same status as bastards. In Hilchot Issurei Bi'ah, we will explain who the netinimare.15
Halacha 8
There are certain relationships for which there is a prohibition resulting from a positive commandment [issurei aseh], but they are not prohibited by a negative commandment. There are three such prohibitions: the first and second generations of Egyptian or Edomite converts, both men and women [to all native-born Jews and Jewish women], and a woman who is not a virgin to a High Priest.
In these instances, there are no verses that state "He shall not enter [the congregation of God]..." or "he may not take...." The prohibition [against the marriage of the Edomite and Egyptian converts] is instead derived [fromDeuteronomy 23:9], which states that "in the third generation they may enter the congregation of God." This implies that the first and second generations may not enter [this marriage group].
Similarly, from [the positive commandment, Leviticus 21:13]: "He [the High Priest] shall marry a virgin," we can derive that he is forbidden to marry a woman who is not a virgin. A prohibition that is derived from a positive commandment has the status of a positive commandment.
| FOOTNOTES | |
| 1. |
Sefer HaMitzvot (Positive Commandment 213) and Sefer HaChinuch (Mitzvah 552) include this as one of the Torah's 613 commandments.
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| 2. |
The Ra'avad and others object to this statement, noting that Kiddushin 4b derives the concept that the transfer of money is an effective means of formalizing a marriage bond from a gezerah shavah, a correlation between two verses in the Torah, indicating that this practice also has its source in the Torah.
The Maggid Mishneh and the Kessef Mishneh draw attention to the Rambam's statements in Sefer HaMitzvot (General Principle 2), which state that any law that is not explicitly stated in the Torah, but rather derived through the Thirteen Principles of Biblical exegesis, is considered to be Rabbinic in origin (midivrei soferim). This classification does not, however, in any way diminish the status of this practice, and it is as if it were explicitly stated in the Torah. Thus, a marriage bond formalized through the transfer of money has the same status as one formalized through either of the other means mentioned by the Rambam.
Rav Kapach differs and states that the Rambam altered the text in his later years, and the correct version states, "All three are from the Torah." In explanation, he draws attention to the Rambam's Commentary on the Mishnah (Kiddushin 1:1) and to one of the Rambam's responsa, and on this basis differs with the above principle.
He maintains that whenever the Rambam uses the expression midivrei soferim, he means that the practice is Rabbinic in origin and does not have the status of Torah law. The only practices that are considered to be ordained by the Torah are those explicitly stated in the Torah or mentioned by the Sages as having the status of Torah law.
In this context, he explains the Rambam's approach. Originally [as evidenced by the Rambam's statements in Sefer HaMitzvot (Positive Commandment 213)], the Rambam thought that sexual relations are the only kiddushin that are effective according to the Torah. For not only the effectiveness of the transfer of money, but also that of the transfer of a legal document is derived by the Sages only through Biblical exegesis. Afterwards, on the basis of certain passages that state that the effectiveness of the transfer of a legal document has the status of a Torah practice, the Rambam changed his opinion and wrote that the transfer of a document is also effective according to the Torah. This opinion is reflected in the Commentary on the Mishnah and the original version of the Mishneh Torah. Even later, the Rambam accepted the opinion that the effectiveness of the transfer of money also stems from the Torah itself. This is reflected in Chapter 3, Halachah 20, and the corrected text mentioned above.
(See Birkat Avraham, Responsum 44, in which the Rambam's son, Rabbenu Avraham, substantiates Rav Kapach's version of the Mishneh Torah.)
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| 3. |
The Ra'avad and others differ and maintain that a woman is not considered to be a harlot unless she is a professional prostitute. The difference between this approach and the Rambam's involves only the severity of the prohibition. Both agree that sexual relations outside the context of marriage are forbidden. With regard to a pilegesh, a woman one designates as a sexual partner but who is not consecrated as a wife, see Hilchot Melachim 4:4.
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| 4. |
Sefer HaMitzvot (Negative Commandment 355) and Sefer HaChinuch (Mitzvah 570) include this as one of the Torah's 613 commandments.
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| 5. |
These include incestuous and adulterous relationships as mentioned in Leviticus, Chapter 18. The forbidden relationships that are punishable by execution are discussed in Hilchot Issurei Bi'ah, Chapter 1, and those for which one is liable for karet and for which lashes are given are discussed in Hilchot Sanhedrin, Chapter 19.
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| 6. |
See Leviticus 21:14.
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| 7. |
Hilchot Issurei Bi'ah 18:1 defines this term as meaning either a woman who is not Jewish, a Jewish woman who has engaged in relations with a man she is forbidden to marry, or one who engages in relations with a challal (a male born from relations between a priest and a woman he is forbidden to marry).
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| 8. |
A woman who engages in relations with a priest despite a prohibition against doing so, or a female born from relations between a priest and a woman he is forbidden to marry (Hilchot Issurei Bi'ah19:1).
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| 9. |
See Leviticus 21:7, 21:14.
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| 10. |
A bastard is defined as a person born from any of the forbidden sexual relations that are punishable by execution or karet, with the exception of relations with a woman in the niddah state. This term does not refer to a child born out of wedlock. Deuteronomy 23:3 forbids a bastard from marrying a native-born Jewish male or female.
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| 11. |
See Deuteronomy 23:4.
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| 12. |
See Deuteronomy 24:4.
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| 13. |
See Deuteronomy 23:2.
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| 14. |
A yevamah is a childless widow, who is obligated to marry one of her deceased husband's brothers or to be discharged of that obligation through the rite of chalitzah. Until she and her brother-in-law fulfill this rite, she is forbidden to marry anyone else. (See Deuteronomy 25:5-10.)
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| 15. |
The netinim are the Givonites, who were forbidden to marry into the Jewish people even after their conversion by Joshua. King David reinforced the ban against them. (See Hilchot Issurei Bi'ah12:22-23.)
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Hayom Yom:
• English Text | Video Class• Tuesday, Shevat 16, 5776 · 26 January 2016
"Today's Day"
Friday Sh'vat 16 5703
Torah lessons: Chumash: B'shalach, Shishi with Rashi.
Tehillim: 79-82.
Tanya: These "contractions" (p. 89)...to no account whatever.(p.89).
My father said: Coldness and heresy are separated by so slender a barrier! It is said, "For the Eternal your G-d is a consuming fire."1 G-dliness is a flame of fire. Learning Torah and davening must be with a blazing heart, that "all my bones may utter"2the words of G-d in Torah and prayer.
FOOTNOTES
1. Devarim 4:24.
2. Tehillim 35:10.---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• Tuesday, Shevat 16, 5776 · 26 January 2016
"Today's Day"
Friday Sh'vat 16 5703
Torah lessons: Chumash: B'shalach, Shishi with Rashi.
Tehillim: 79-82.
Tanya: These "contractions" (p. 89)...to no account whatever.(p.89).
My father said: Coldness and heresy are separated by so slender a barrier! It is said, "For the Eternal your G-d is a consuming fire."1 G-dliness is a flame of fire. Learning Torah and davening must be with a blazing heart, that "all my bones may utter"2the words of G-d in Torah and prayer.
FOOTNOTES
1. Devarim 4:24.
2. Tehillim 35:10.---------------------• Daily Thought:
Man and Woman
It is a mistake to consider man and woman two separate beings. They are no more than two halves of a single form, two converse hemispheres that fit tightly together to make a perfect whole. They are heaven and earth encapsulated in flesh and blood.
It is only that on its way to enter this world, this sphere was shattered apart. What was once the infinity of a perfect globe became two finite surfaces. What was once a duet of sublime harmony became two bizarre solos of unfinished motions, of unresolved discord.
So much so, that each one hears in itself only half a melody, and so too it hears in the other. Each sees the other and says, “That is broken.” Feigning wholeness, the two halves wander aimlessly in space alone.
Until each fragment allows itself to surrender, to admit that it too is broken. Only then can it search for the warmth it is missing. For the depth of its own self that was ripped away. For the harmony that will make sense of its song.
And in perfect union, two finite beings find in one another infinite beauty.
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