Ki Tisa: Exodus 30:11 Adonai said to Moshe, 12 “When you take a census of the people of Isra’el and register them, each, upon registration, is to pay a ransom for his life to Adonai, to avoid any breakout of plague among them during the time of the census. 13 Everyone subject to the census is to pay as an offering to Adonai half a shekel [one-fifth of an ounce of silver]— by the standard of the sanctuary shekel (a shekel equals twenty gerahs). 14 Everyone over twenty years of age who is subject to the census is to give this offering to Adonai — 15 the rich is not to give more or the poor less than the half-shekel when giving Adonai’s offering to atone for your lives. 16 You are to take the atonement money from the people of Isra’el and use it for the service in the tent of meeting, so that it will be a reminder of the people of Isra’el before Adonai to atone for your lives.”
17 Adonai said to Moshe, 18 “You are to make a basin of bronze, with a base of bronze, for washing. Place it between the tent of meeting and the altar, and put water in it. 19 Aharon and his sons will wash their hands and feet there 20 when they enter the tent of meeting — they are to wash with water, so that they won’t die. Also when they approach the altar to minister by burning an offering for Adonai, 21 they are to wash their hands and feet, so that they won’t die. This is to be a perpetual law for them through all their generations.”
22 Adonai said to Moshe, 23 “Take the best spices — 500 shekels of myrrh [12 1/2 pounds], half this amount (250 shekels) of aromatic cinnamon [6 1/4 pounds], 250 shekels of aromatic cane, 24 500 shekels of cassia (use the sanctuary standard), and one gallon of olive oil — 25 and make them into a holy anointing oil; blend it and perfume it as would an expert perfume-maker; it will be a holy anointing oil. 26 Use it to anoint the tent of meeting, the ark for the testimony, 27 the table and all its utensils, the menorah and all its utensils, the incense altar, 28 the altar for burnt offerings and all its utensils, and the basin with its base. 29 You are to consecrate them — they will be especially holy, and whatever touches them will be holy. 30 Then you are to anoint Aharon and his sons — you are to consecrate them to serve me in the office of cohen.
31 “Tell the people of Isra’el, ‘This is to be a holy anointing oil for me through all your generations. 32 It is not to be used for anointing a person’s body; and you are not to make any like it, with the same composition of ingredients — it is holy, and you are to treat it as holy. 33 Whoever makes any like it or uses it on any unauthorized person is to be cut off from his people.’”
34 Adonai said to Moshe, “Take aromatic plant substances — balsam resin, sweet onycha root and bitter galbanum gum — these spices along with frankincense, all in equal quantities; 35 and make incense, blended and perfumed as would an expert perfume-maker, salted, pure and holy. 36 You are to grind up some of it very finely and put it in front of the testimony in the tent of meeting where I will meet with you; you are to regard it as especially holy. 37 You are not to make for your own use any incense like it, with the same composition of ingredients — you are to treat it as holy, for Adonai. 38 Whoever makes up any like it to use as perfume is to be cut off from his people.”
31:1 Adonai said to Moshe, 2 “I have singled out B’tzal’el the son of Uri the son of Hur, of the tribe of Y’hudah. 3 I have filled him with the Spirit of God — with wisdom, understanding and knowledge concerning every kind of artisanry. 4 He is a master of design in gold, silver, bronze, 5 cutting precious stones to be set, woodcarving and every other craft.
6 “I have also appointed as his assistant Oholi’av the son of Achisamakh, of the tribe of Dan. Moreover, I have endowed all the craftsmen with the wisdom to make everything I have ordered you — 7 the tent of meeting, the ark for the testimony, the ark-cover above it, all the furnishings of the tent, 8 the table and its utensils, the pure menorah and all its utensils, the incense altar, 9 the altar for burnt offerings and all its utensils, the basin and its base, 10 the garments for officiating, the holy garments for Aharon the cohen and the garments for his sons, so that they can serve in the office of cohen, 11 the anointing oil and the incense of aromatic spices for the Holy Place: they are to make everything just as I have ordered you.”
12 Adonai said to Moshe, 13 “Tell the people of Isra’el, ‘You are to observe my Shabbats; for this is a sign between me and you through all your generations; so that you will know that I am Adonai, who sets you apart for me. 14 Therefore you are to keep my Shabbat, because it is set apart for you. Everyone who treats it as ordinary must be put to death; for whoever does any work on it is to be cut off from his people. 15 On six days work will get done; but the seventh day is Shabbat, for complete rest, set apart for Adonai. Whoever does any work on the day of Shabbat must be put to death. 16 The people of Isra’el are to keep the Shabbat, to observe Shabbat through all their generations as a perpetual covenant. 17 It is a sign between me and the people of Isra’el forever; for in six days Adonai made heaven and earth, but on the seventh day he stopped working and rested.’”
(ii) 18 When he had finished speaking with Moshe on Mount Sinai, Adonai gave him the two tablets of the testimony, tablets of stone inscribed by the finger of God.
32:1 When the people saw that Moshe was taking a long time to come down from the mountain, they gathered around Aharon and said to him, “Get busy; and make us gods to go ahead of us; because this Moshe, the man that brought us up from the land of Egypt — we don’t know what has become of him.” 2 Aharon said to them, “Have your wives, sons and daughters strip off their gold earrings; and bring them to me.” 3 The people stripped off their gold earrings and brought them to Aharon. 4 He received what they gave him, melted it down, and made it into the shape of a calf. They said, “Isra’el! Here is your god, who brought you up from the land of Egypt!” 5 On seeing this, Aharon built an altar in front of it and proclaimed, “Tomorrow is to be a feast for Adonai.” 6 Early the next morning they got up and offered burnt offerings and presented peace offerings. Afterwards, the people sat down to eat and drink; then they got up to indulge in revelry.
7 Adonai said to Moshe, “Go down! Hurry! Your people, whom you brought up from the land of Egypt, have become corrupt! 8 So quickly they have turned aside from the way I ordered them to follow! They have cast a metal statue of a calf, worshipped it, sacrificed to it and said, ‘Isra’el! Here is your god, who brought you up from the land of Egypt!’” 9 Adonai continued speaking to Moshe: “I have been watching these people; and you can see how stiffnecked they are. 10 Now leave me alone, so that my anger can blaze against them, and I can put an end to them! I will make a great nation out of you instead.”
11 Moshe pleaded with Adonai his God. He said, “Adonai, why must your anger blaze against your own people, whom you brought out of the land of Egypt with great power and a strong hand? 12 Why let the Egyptians say, ‘It was with evil intentions that he led them out, to slaughter them in the hills and wipe them off the face of the earth’? Turn from your fierce anger! Relent! Don’t bring such disaster on your people! 13 Remember Avraham, Yitz’chak and Isra’el, your servants, to whom you swore by your very self. You promised them, ‘I will make your descendants as many as the stars in the sky; and I will give all this land I have spoken about to your descendants; and they will possess it forever.’” 14 Adonai then changed his mind about the disaster he had planned for his people.
15 Moshe turned and went down from the mountain with the two tablets of the testimony in his hand, tablets inscribed on both sides, on the front and on the back. 16 The tablets were the work of God; and the writing was the writing of God, engraved on the tablets. 17 When Y’hoshua heard the noise of the people shouting he said to Moshe, “It sounds like war in the camp!” 18 He answered, “That is neither the clamor of victory nor the wailings of defeat; what I hear is the sound of people singing.”
19 But the moment Moshe got near the camp, when he saw the calf and the dancing, his own anger blazed up. He threw down the tablets he had been holding and shattered them at the base of the mountain. 20 Seizing the calf they had made, he melted it in the fire and ground it to powder, which he scattered on the water. Then he made the people of Isra’el drink it.
21 Moshe said to Aharon, “What did these people do to you to make you lead them into such a terrible sin?” 22 Aharon replied, “My lord shouldn’t be so angry. You know what these people are like, that they are determined to do evil. 23 So they said to me, ‘Make us gods to go ahead of us; because this Moshe, the man that brought us up from the land of Egypt — we don’t know what has become of him.’ 24 I answered them, ‘Anyone with gold, strip it off!’ So they gave it to me. I threw it in the fire, and out came this calf!”
25 When Moshe saw that the people had gotten out of control — because Aharon had allowed them to get out of control, to the derision of their enemies — 26 Moshe stood at the entrance to the camp and shouted, “Whoever is for Adonai, come to me!” All the descendants of Levi rallied around him. 27 He told them, “Here is what Adonai, the God of Isra’el, says: ‘Each of you, put his sword on his side; and go up and down the camp, from gate to gate; and every man is to kill his own kinsman, his own friend and his own neighbor!” 28 The sons of Levi did what Moshe said, and that day three thousand of the people died. 29 Moshe said, “You have consecrated yourselves today to Adonai, because every one of you has been against his own son and against his own kinsman, in order to bring a blessing on yourselves today.”
30 The next day Moshe said to the people, “You have committed a terrible sin. Now I will go up to Adonai ; maybe I will be able to atone for your sin.” 31 Moshe went back to Adonai and said, “Please! These people have committed a terrible sin: they have made themselves a god out of gold. 32 Now, if you will just forgive their sin! But if you won’t, then, I beg you, blot me out of your book which you have written!” 33 Adonai answered Moshe, “Those who have sinned against me are the ones I will blot out of my book. 34 Now go and lead the people to the place I told you about; my angel will go ahead of you. Nevertheless, the time for punishment will come; and then I will punish them for their sin.” 35 Adonai struck the people with a plague because they had made the calf, the one Aharon made.
33:1 Adonai said to Moshe, “Leave, you and the people you brought up from the land of Egypt; and move on from here toward the land of which I swore to Avraham, Yitz’chak and Ya‘akov, ‘I will give it to your descendants.’ 2 I will send an angel ahead of you; and I will drive out the Kena‘ani, Emori, Hitti, P’rizi, Hivi and Y’vusi. 3 You will go to a land flowing with milk and honey; but I myself will not go with you, because you are such a stiffnecked people that I might destroy you on the way.” 4 When the people heard this bad news, they went into mourning; and no one wore his ornaments. 5 Adonai said to Moshe, “Tell the people of Isra’el, ‘You are a stiffnecked people! If I were to go up with you for even one moment, I would exterminate you! Now, keep your ornaments off; then I will decide what to do to you.’” 6 So from Mount Horev onward, the people of Isra’el stripped themselves of their ornaments.
7 Moshe would take the tent and pitch it outside the camp, far away from the camp. He called it the tent of meeting. Everyone who wanted to consult Adonai would go out to the tent of meeting, outside the camp. 8 Whenever Moshe went out to the tent, all the people would get up and stand, each man at his tent door, and look at Moshe until he had gone into the tent. 9 Whenever Moshe entered the tent, the column of cloud would descend and station itself at the entrance to the tent; and Adonai would speak with Moshe. 10 When all the people saw the column of cloud stationed at the entrance to the tent, they would get up and prostrate themselves, each man at his tent door. 11 Adonai would speak to Moshe face to face, as a man speaks to his friend. Then he would return to the camp; but the young man who was his assistant, Y’hoshua the son of Nun, never left the inside of the tent.
(iii) 12 Moshe said to Adonai, “Look, you say to me, ‘Make these people move on!’ But you haven’t let me know whom you will be sending with me. Nevertheless you have said, ‘I know you by name,’ and also, ‘You have found favor in my sight.’ 13 Now, please, if it is really the case that I have found favor in your sight, show me your ways; so that I will understand you and continue finding favor in your sight. Moreover, keep on seeing this nation as your people.” 14 He answered, “Set your mind at rest — my presence will go with you, after all.” 15 Moshe replied, “If your presence doesn’t go with us, don’t make us go on from here. 16 For how else is it to be known that I have found favor in your sight, I and your people, other than by your going with us? That is what distinguishes us, me and your people, from all the other peoples on earth.”
(iv) 17 Adonai said to Moshe, “I will also do what you have asked me to do, because you have found favor in my sight, and I know you by name.” 18 But Moshe said, “I beg you to show me your glory!” 19 He replied, “I will cause all my goodness to pass before you, and in your presence I will pronounce the name of Adonai. Moreover, I show favor to whomever I will, and I display mercy to whomever I will. 20 But my face,” he continued, “you cannot see, because a human being cannot look at me and remain alive. 21 Here,” he said, “is a place near me; stand on the rock. 22 When my glory passes by, I will put you inside a crevice in the rock and cover you with my hand, until I have passed by. 23 Then I will remove my hand, and you will see my back, but my face is not to be seen.”
34:1 (v) Adonai said to Moshe, “Cut yourself two tablets of stone like the first ones; and I will inscribe on the tablets the words that were on the first tablets, which you broke. 2 Be ready by morning; in the morning you are to ascend Mount Sinai and present yourself to me on the top of the mountain. 3 No one is to come up with you, and no one is to be seen anywhere on the mountain; don’t even let the flocks or herds feed in front of this mountain.” 4 Moshe cut two stone tablets like the first. Then he got up early in the morning and, with the two stone tablets in his hands, ascended Mount Sinai, as Adonai had ordered him to do.
5 Adonai descended in the cloud, stood with him there and pronounced the name of Adonai. 6 Adonai passed before him and proclaimed: “YUD-HEH-VAV-HEH!!! Yud-Heh-Vav-Heh [Adonai] is God, merciful and compassionate, slow to anger, rich in grace and truth; 7 showing grace to the thousandth generation, forgiving offenses, crimes and sins; yet not exonerating the guilty, but causing the negative effects of the parents’ offenses to be experienced by their children and grandchildren, and even by the third and fourth generations.” 8 At once Moshe bowed his head to the ground, prostrated himself 9 and said, “If I have now found favor in your view, Adonai, then please let Adonai go with us, even though they are a stiffnecked people; and pardon our offenses and our sin; and take us as your possession.”
(vi) 10 He said, “Here, I am making a covenant; in front of all your people I will do wonders such as have not been created anywhere on earth or in any nation. All the people around you will see the work of Adonai. What I am going to do through you will be awesome! 11 Observe what I am ordering you to do today. Here! I am driving out ahead of you the Emori, Kena‘ani, Hitti, P’rizi, Hivi and Y’vusi. 12 Be careful not to make a covenant with the people living in the land where you are going, so that they won’t become a snare within your own borders. 13 Rather, you are to demolish their altars, smash their standing-stones and cut down their sacred poles; 14 because you are not to bow down to any other god; since Adonai — whose very name is Jealous — is a jealous God. 15 Do not make a covenant with the people living in the land. It will cause you to go astray after their gods and sacrifice to their gods. Then they will invite you to join them in eating their sacrifices, 16 and you will take their daughters as wives for your sons. Their daughters will prostitute themselves to their own gods and make your sons do the same!
17 “Do not cast metal gods for yourselves.
18 “Keep the festival of matzah by eating matzah, as I ordered you, for seven days during the month of Aviv; for it was in the month of Aviv that you came out from Egypt.
19 “Everything that is first from the womb is mine. Of all your livestock, you are to set aside for me the males, the firstborn of cattle and flock. 20 The firstborn of a donkey you must redeem with a lamb; if you won’t redeem it, break its neck. All the firstborn of your sons you are to redeem, and no one is to appear before me empty-handed.
21 “Six days you will work, but on the seventh day you are to rest — even in plowing time and harvest season you are to rest.
22 “Observe the festival of Shavu‘ot with the first-gathered produce of the wheat harvest, and the festival of ingathering at the turn of the year. 23 Three times a year all your men are to appear before the Lord, Adonai, the God of Isra’el. 24 For I am going to expel nations ahead of you and expand your territory, and no one will even covet your land when you go up to appear before Adonai your God three times a year. 25 You are not to offer the blood of my sacrifice with leavened bread, and the sacrifice of the feast of Pesach is not to be left until morning. 26 You are to bring the best firstfruits of your land into the house of Adonai your God.
“You are not to boil a young goat in its mother’s milk.”
(vii) 27 Adonai said to Moshe, “Write these words down, because they are the terms of the covenant I have made with you and with Isra’el.” 28 Moshe was there with Adonai forty days and forty nights, during which time he neither ate food nor drank water. [Adonai] wrote on the tablets the words of the covenant, the Ten Words.
29 When Moshe came down from Mount Sinai with the two tablets of the testimony in his hand, he didn’t realize that the skin of his face was sending out rays of light as a result of his talking with [Adonai]. 30 When Aharon and the people of Isra’el saw Moshe, the skin of his face was shining; and they were afraid to approach him. 31 But Moshe called to them; then Aharon and all the community leaders came back to him, and Moshe spoke to them. 32 Afterwards, all the people of Isra’el came near; and he passed on to them all the orders that Adonai had told him on Mount Sinai.
(Maftir) 33 Once Moshe had finished speaking with them, he put a veil on his face. 34 But when he went in before Adonai for him to speak, he would take the veil off until he came out; then, when he came out, he would tell the people of Isra’el what he had been ordered. 35 But when the people of Isra’el saw Moshe’s face, that the skin of Moshe’s face shone, he would put the veil back over his face until he went in again to speak with [Adonai].
I Kings 18:20 Ach’av sent word to all the people of Isra’el and assembled the prophets together on Mount Karmel. 21 Eliyahu stepped forward before all the people and said, “How long are you going to jump back and forth between two positions? If Adonai is God, follow him; but if it’s Ba‘al, follow him!” The people answered him not a word. 22 Then Eliyahu said to the people, “I, I alone, am the only prophet of Adonai who is left, while Ba‘al’s prophets number 450. 23 Let them give us two young bulls, and they can choose the bull they want for themselves. Then let them cut it in pieces and lay it on the wood but put no fire under it. I will prepare the other bull, lay it on the wood and put no fire under it. 24 Then, you, call on the name of your god; and I will call on the name of Adonai; and the God who answers with fire, let him be God!” All the people answered, “Good idea! Agreed!”
25 Then Eliyahu said to the prophets of Ba‘al, “Choose one bull for yourselves, and prepare it first; because there are many of you. Then call on the name of your god, but put no fire under it.” 26 They took the bull that was given to them, prepared it and called on the name of Ba‘al from morning till noon — “Ba‘al! Answer us!” But no voice was heard; and no one answered, as they jumped around on the altar they had made. 27 Around noon Eliyahu began ridiculing them: “Shout louder! After all, he’s a god, isn’t he? Maybe he’s daydreaming, or he’s on the potty, or he’s away on a trip. Maybe he’s asleep, and you have to wake him up.” 28 So they shouted louder and slashed themselves with swords and knives, as their custom was, until blood gushed out all over them. 29 By now it was afternoon, and they went on ranting and raving until it was time for the evening offering. But no voice came, no one answered, no one paid any attention.
30 Then Eliyahu said to all the people, “Come here to me.” All the people came up to him, as he set about repairing the altar of Adonai that had been broken down. 31 Eliyahu took twelve stones, in keeping with the number of tribes of the sons of Ya‘akov, to whom the word of Adonai had come, saying, “Your name is to be Isra’el.” 32 With the stones he built an altar in the name of Adonai. Then he dug a trench around the altar large enough for half a bushel of grain. 33 He arranged the wood, cut up the bull and laid it on the wood. 34 Then he said, “Fill four pots with water, and pour it on the burnt offering and on the wood.” They did it. “Do it again,” he said, and they did it again. “Do it a third time,” he said, and they did it a third time. 35 By now the water was flowing around the altar, and it had filled the trench. 36 Then, when it came time for offering the evening offering, Eliyahu the prophet approached and said, “Adonai, God of Avraham, Yitz’chak and Isra’el, let it be known today that you are God in Isra’el, and that I am your servant, and that I have done all these things at your word. 37 Hear me, Adonai, hear me, so that this people may know that you, Adonai, are God, and that you are turning their hearts back to you.”
38 Then the fire of Adonai fell. It consumed the burnt offering, the wood, the stones and the dust; and it licked up the water in the trench. 39 When all the people saw it, they fell on their faces and said, “Adonai is God! Adonai is God!”
Daily Study:
Chitas and Rambam for today:Chumash: Ki Tisa, 7th Portion Exodus 34:27-34:35 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 34
27The Lord said to Moses: "Inscribe these words for yourself, for according to these words I have formed a covenant with you and with Israel." כזוַיֹּ֤אמֶר יְהֹוָה֙ אֶל־משֶׁ֔ה כְּתָב־לְךָ֖ אֶת־הַדְּבָרִ֣ים הָאֵ֑לֶּה כִּ֞י עַל־פִּ֣י | הַדְּבָרִ֣ים הָאֵ֗לֶּה כָּרַ֧תִּי אִתְּךָ֛ בְּרִ֖ית וְאֶת־יִשְׂרָאֵֽל:
these words: But you are not permitted to write down the Oral Torah. -[from Gittin 60b] את הדברים האלה: ולא אתה רשאי לכתוב תורה שבעל פה:
28He was there with the Lord for forty days and forty nights; he ate no bread and drank no water, and He inscribed upon the tablets the words of the Covenant, the Ten Commandments. כחוַיְהִי־שָׁ֣ם עִם־יְהֹוָ֗ה אַרְבָּעִ֥ים יוֹם֙ וְאַרְבָּעִ֣ים לַ֔יְלָה לֶ֚חֶם לֹ֣א אָכַ֔ל וּמַ֖יִם לֹ֣א שָׁתָ֑ה וַיִּכְתֹּ֣ב עַל־הַלֻּחֹ֗ת אֵ֚ת דִּבְרֵ֣י הַבְּרִ֔ית עֲשֶׂ֖רֶת הַדְּבָרִֽים:
29And it came to pass when Moses descended from Mount Sinai, and the two tablets of the testimony were in Moses' hand when he descended from the mountain and Moses did not know that the skin of his face had become radiant while He had spoken with him כטוַיְהִ֗י בְּרֶ֤דֶת משֶׁה֙ מֵהַ֣ר סִינַ֔י וּשְׁנֵ֨י לֻחֹ֤ת הָֽעֵדֻת֙ בְּיַד־משֶׁ֔ה בְּרִדְתּ֖וֹ מִן־הָהָ֑ר וּמשֶׁ֣ה לֹֽא־יָדַ֗ע כִּ֥י קָרַ֛ן ע֥וֹר פָּנָ֖יו בְּדַבְּר֥וֹ אִתּֽוֹ:
And it came to pass when Moses descended: when he brought the latter [second] tablets on Yom Kippur. ויהי ברדת משה: כשהביא לוחות אחרונות ביום הכפורים:
that… had become radiant: Heb. קָרַן, an expression meaning horns (קַרְנַיִם) because light radiates and protrudes like a type of horn. From where did Moses [now] merit these rays of splendor [which he did not have when he descended with the first tablets (Gur Aryeh)]? Our Rabbis said: [Moses received it] from the cave, when the Holy One, blessed is He, placed His hand on his face, as it is said: “and I will cover you with My hand” (Exod. 33:22). -[from Midrash Tanchuma 37] כי קרן: לשון קרנים, שהאור מבהיק ובולט כמין קרן. ומהיכן זכה משה לקרני ההוד, רבותינו אמרו מן המערה, שנתן הקב"ה ידו על פניו, שנאמר (שמות לג כב) ושכותי כפי:
30that Aaron and all the children of Israel saw Moses and behold! the skin of his face had become radiant, and they were afraid to come near him. לוַיַּ֨רְא אַֽהֲרֹ֜ן וְכָל־בְּנֵ֤י יִשְׂרָאֵל֙ אֶת־משֶׁ֔ה וְהִנֵּ֥ה קָרַ֖ן ע֣וֹר פָּנָ֑יו וַיִּֽירְא֖וּ מִגֶּ֥שֶׁת אֵלָֽיו:
and they were afraid to come near him: Come and see how great the power of sin is! Because when they had not yet stretched out their hands to sin [with the golden calf], what does He say? “And the appearance of the glory of the Lord was like a consuming fire atop the mountain, before the eyes of the children of Israel” (Exod. 24:17), and they were neither frightened nor quaking. But since they had made the calf, even from Moses’ rays of splendor they recoiled and quaked. [from Sifrei Nasso 11, Pesikta d’Rav Kahana, p. 45] וייראו מגשת אליו: בא וראה, כמה גדולה כחה של עבירה, שעד שלא פשטו ידיהם בעבירה, מהו אומר (שמות כד יז) ומראה כבוד ה' כאש אוכלת בראש ההר לעיני בני ישראל, ולא יראים ולא מזדעזעים; ומשעשו את העגל, אף מקרני הודו של משה היו מרתיעים ומזדעזעים:
31But Moses called to them, and Aaron and all the princes of the community returned to him, and Moses would speak to them. לאוַיִּקְרָ֤א אֲלֵהֶם֙ משֶׁ֔ה וַיָּשֻׁ֧בוּ אֵלָ֛יו אַֽהֲרֹ֥ן וְכָל־הַנְּשִׂאִ֖ים בָּֽעֵדָ֑ה וַיְדַבֵּ֥ר משֶׁ֖ה אֲלֵהֶֽם:
the princes of the community: Heb. הַנְשִׂאִים בָּעֵדָה lit., the princes in the community, like נְשִׂיאֵי הָעֵדָה, the princes of the community. הנשאים בעדה: כמו נשיאי העדה:
and Moses would speak to them: [sharing] the Omnipresent’s message, and this entire passage is in the present tense. וידבר משה אליהם: שליחותו של מקום, ולשון הווה הוא כל הענין הזה:
32Afterwards all the children of Israel would draw near, and he would command them everything that the Lord had spoken with him on Mount Sinai. לבוְאַֽחֲרֵי־כֵ֥ן נִגְּשׁ֖וּ כָּל־בְּנֵ֣י יִשְׂרָאֵ֑ל וַיְצַוֵּ֕ם אֵת֩ כָּל־אֲשֶׁ֨ר דִּבֶּ֧ר יְהֹוָ֛ה אִתּ֖וֹ בְּהַ֥ר סִינָֽי:
Afterwards… would draw near: After he taught the elders, he would repeat and teach the chapter or the halachah to the Israelites. The Rabbis taught: What was the order of teaching? Moses would learn from the mouth of Almighty. Aaron would enter, and Moses would teach him his chapter. Aaron would move away and sit at Moses’ left. His [Aaron’s] sons would enter, and Moses would teach them their chapter. They would move away, and Eleazar would sit at Moses’ right and Ithamar would sit at Aaron’s left. [Then] the elders would enter, and Moses would teach them their chapter. The elders would move away and sit down on the sides. [Then] the entire nation would enter, and Moses would teach them their chapter. Thus, the entire nation possessed one [lesson from Moses], the elders possessed two, Aaron’s sons possessed three, Aaron possessed four, etc., as is stated in Eruvin (54b). ואחרי כן נגשו: אחר שלמד לזקנים, חוזר ומלמד הפרשה או ההלכה לישראל. תנו רבנן כיצד סדר המשנה, משה היה לומד מפי הגבורה, נכנס אהרן, שנה לו משה פרקו, נסתלק אהרן וישב לו לשמאל משה, נכנסו בניו, שנה להם משה פרקם, נסתלקו הם, ישב אלעזר לימין משה ואיתמר לשמאל אהרן, נכנסו זקנים, שנה להם משה פרקם, נסתלקו זקנים ישבו לצדדין, נכנסו כל העם שנה להם משה פרקם, נמצא ביד כל העם אחד, ביד הזקנים שנים, ביד בני אהרן שלשה, ביד אהרן ארבעה וכו' כדאיתא בעירובין (נד ב):
33When Moses had finished speaking with them, he placed a covering over his face. לגוַיְכַ֣ל משֶׁ֔ה מִדַּבֵּ֖ר אִתָּ֑ם וַיִּתֵּ֥ן עַל־פָּנָ֖יו מַסְוֶֽה:
he placed a covering over his face: Heb. מַסְוֶה, as the Targum [Onkelos] renders: בֵּיתאַפֵּי. [מַסְוֶה] is an Aramaic expression. In the Talmud (Keth. 62b) [we read]: לִבָּהּ סָוֵי, her heart saw, and also in [tractate] Kethuboth (60a): יְהַוָה קָא מַסְוֶה לְאַפָּה an expression meaning “looking.” He [the nursing infant] was looking at her [his mother]. Here too, מַסְוֶה is a garment placed in front of the face and a covering over the eyes. In honor of the rays of splendor, so that no one would derive pleasure from them, he [Moses] would place the covering in front of them [his eyes] and remove it when he spoke with the Israelites, and when the Omnipresent spoke to him until he left. When he would leave, he would leave without the covering. ויתן על פניו מסוה: כתרגומו בית אפי, לשון ארמי הוא בתלמוד סוי לבא ועוד בכתובות (ס א) הוה קא מסוה לאפה, לשון הבטה, היה מסתכל בה, אף כאן מסוה בגד הניתן כנגד הפרצוף ובית העינים, ולכבוד קרני ההוד שלא יזונו הכל מהם היה נותן המסוה כנגדן ונוטלו בשעה שהיה מדבר עם ישראל, ובשעה שהמקום נדבר עמו עד צאתו, ובצאתו יצא בלא מסוה:
34When Moses would come before the Lord to speak with Him, he would remove the covering until he left; then he would leave and speak to the children of Israel what he would be commanded. לדוּבְבֹ֨א משֶׁ֜ה לִפְנֵ֤י יְהֹוָה֙ לְדַבֵּ֣ר אִתּ֔וֹ יָסִ֥יר אֶת־הַמַּסְוֶ֖ה עַד־צֵאת֑וֹ וְיָצָ֗א וְדִבֶּר֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל אֵ֖ת אֲשֶׁ֥ר יְצֻוֶּֽה:
and speak to the children of Israel: And they would see the rays of splendor on his face, and when he would leave them. ודבר אל בני ישראל: וראו קרני ההוד בפניו. וכשהוא מסתלק מהם:
35Then the children of Israel would see Moses' face, that the skin of Moses' face had become radiant, and [then] Moses would replace the covering over his face until he would come [again] to speak with Him. להוְרָא֤וּ בְנֵי־יִשְׂרָאֵל֙ אֶת־פְּנֵ֣י משֶׁ֔ה כִּ֣י קָרַ֔ן ע֖וֹר פְּנֵ֣י משֶׁ֑ה וְהֵשִׁ֨יב משֶׁ֤ה אֶת־הַמַּסְוֶה֙ עַל־פָּנָ֔יו עַד־בֹּא֖וֹ לְדַבֵּ֥ר אִתּֽוֹ:
Moses would replace the covering over his face until he would come [again] to speak with Him.: And when he came to speak with Him, he would remove it from his face. והשיב משה את המסוה על פניו עד באו לדבר אתו:וכשבא לדבר אתו נוטלו מעל פניו:
---------------------
The psalmist weeps and laments bitterly over the maladies and suffering Israel endures in exile, which he describes in detail.
1. A song, a psalm by the sons of Korach, for the Conductor, upon the machalat le'anot; 1 a maskil2 for Heiman the Ezrachite.
2. O Lord, God of my deliverance, by day I cried out [to You], by night I [offer my prayer] before You.
3. Let my prayer come before You; turn Your ear to my supplication.
4. For my soul is sated with affliction, and my life has reached the grave.
5. I was reckoned with those who go down to the pit, I was like a man without strength.
6. [I am regarded] among the dead who are free, like corpses lying in the grave, of whom You are not yet mindful, who are yet cut off by Your hand.
7. You have put me into the lowest pit, into the darkest places, into the depths.
8. Your wrath has weighed heavily upon me, and all the waves [of Your fury] have constantly afflicted me.
9. You have estranged my friends from me, You have made me abhorrent to them; I am imprisoned and unable to leave.
10. My eye is afflicted because of distress; I call to You, O Lord, every day; I have stretched out my hands [in prayer] to You.
11. Do You perform wonders for the deceased? Do the dead stand to offer You praise? Selah.
12. Is Your kindness recounted in the grave, your faithfulness in the place of perdition?
13. Are Your wondrous deeds known in the darkness [of the grave], or Your righteousness in the land of oblivion?
14. But, I, to You, O Lord, I cry; each morning my prayer comes before You.
15. Why, O Lord, do You forsake my soul? Why do You conceal Your countenance from Me?
16. From my youth I have been afflicted and approaching death, yet I have borne the fear of You which is firmly established within me.
17. Your furies have passed over me; Your terrors have cut me down.
18. They have engulfed me like water all day long, they all together surrounded me.
19. You have estranged from me beloved and friend; I have been rejected by my intimates.
FOOTNOTES
1.A musical instrument(Metzudot).
2.A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 89
This psalm speaks of the kingship of the House of David, the psalmist lamenting its fall from power for many years, and God's abandonment and spurning of us.
1. A maskil1 by Eitan the Ezrachite.
2. I will sing of the Lord's kindness forever; to all generations I will make known Your faithfulness with my mouth.
3. For I have said, "The world is built with kindness; there in the heavens You establish Your faithfulness.”
4. I have made a covenant with My chosen one; I have sworn to David, My servant:
5. "I will establish Your descendants forever; I will build your throne for all generations," Selah.
6. Then the heavens will extol Your wonders, O Lord; Your faithfulness, too, in the congregation of the holy ones.
7. Indeed, who in heaven can be compared to the Lord, who among the supernal beings can be likened to the Lord!
8. The Almighty is revered in the great assembly of the holy ones, awe-inspiring to all who surround Him.
9. O Lord, God of Hosts, who is mighty like You, O God! Your faithfulness surrounds You.
10. You rule the vastness of the sea; when its waves surge, You still them.
11. You crushed Rahav (Egypt) like a corpse; with Your powerful arm You scattered Your enemies.
12. Yours are the heavens, the earth is also Yours; the world and all therein-You established them.
13. The north and the south-You created them; Tabor and Hermon sing of [the greatness] of Your Name.
14. Yours is the arm which has the might; strengthen Your hand, raise high Your right hand.
15. Righteousness and justice are the foundation of Your throne; kindness and truth go before Your countenance.
16. Fortunate is the people who know the sound of the shofar; Lord, they walk in the light of Your countenance.
17. They rejoice in Your Name all day, and they are exalted through Your righteousness.
18. Indeed, You are the splendor of their might, and in Your goodwill our glory is exalted.
19. For our protectors turn to the Lord, and our king to the Holy One of Israel.
20. Then You spoke in a vision to Your pious ones and said: "I have granted aid to [David] the mighty one; I have exalted the one chosen from among the people.
21. I have found David, My servant; I have anointed him with My holy oil.
22. It is he whom My hand shall be prepared [to assist]; My arm, too, shall strengthen him.
23. The enemy shall not prevail over him, nor shall the iniquitous person afflict him.
24. And I will crush his adversaries before him, and will strike down those who hate him.
25. Indeed, My faithfulness and My kindness shall be with him, and through My Name his glory shall be exalted.
26. I will set his hand upon the sea, his right hand upon the rivers.
27. He will call out to Me, 'You are my Father, my God, the strength of my deliverance.’
28. I will also make him [My] firstborn, supreme over the kings of the earth.
29. I will maintain My kindness for him forever; My covenant shall remain true to him.
30. And I will bestow [kingship] upon his seed forever, and his throne will endure as long as the heavens last.
31. If his children forsake My Torah and do not walk in My ordinances;
32. if they profane My statutes and do not observe My commandments,
33. then I will punish their transgression with the rod and their misdeeds with plagues.
34. Yet I shall not take away My kindness from him, nor betray My faithfulness.
35. I will not abrogate My covenant, nor change that which has issued from My lips.
36. One thing I have sworn by My holiness-I will not cause disappointment to David.
37. His seed will endure forever and his throne will be [resplendent] as the sun before Me.
38. Like the moon, it shall be established forever; [the moon] is a faithful witness in the sky for all time.”
39. Yet You have forsaken and abhorred; You became enraged at Your anointed.
40. You annulled the covenant with Your servant; You have profaned his crown [by casting it] to the ground.
41. You shattered all his fences; You turned all his strongholds into ruin.
42. All wayfarers despoiled him; he has become a disgrace to his neighbors.
43. You have uplifted the right hand of his adversaries; You have made all his enemies rejoice.
44. You also turned back the blade of his sword, and did not sustain him in battle.
45. You put an end to his splendor, and toppled his throne to the ground.
46. You have cut short the days of his youth; You have enclothed him with long-lasting shame.
47. How long, O Lord, will You conceal Yourself-forever? [How long] will Your fury blaze like fire?
48. O remember how short is my life span! Why have You created all children of man for naught?
49. What man can live and not see death, can save his soul forever from the grave?
50. Where are Your former deeds of kindness, my Lord, which You swore to David in Your faithfulness?
51. Remember, my Lord, the disgrace of Your servants, that I bear in my bosom from all the many nations;
52. that Your enemies have disgraced, O Lord, that they have disgraced the footsteps of Your anointed.
53. Blessed is the Lord forever, Amen and Amen.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
---------------------
Tanya: Likutei Amarim, middle of Chapter 30
• Lessons in Tanya•
Tanya: Likutei Amarim, middle of Chapter 30
• Lessons in Tanya•
• Shabbat, Adar I 18, 5776 · February 27, 2016
• Likutei Amarim, middle of Chapter 30
והנה באמת היא מלחמה גדולה ועצומה לשבור היצר הבוער כאש להבה, מפני פחד ה׳, וכמו נסיון ממש
Truly, it is a great, fierce struggle to break one’s [evil] nature which burns like a fiery flame, for the fear of G‑d; indeed, it is like a veritable test.
והלכך צריך כל אדם לפי מה שהוא מקומו ומדרגתו בעבודת ה׳ לשקול ולבחון בעצמו
Therefore, every man ought to weigh and examine his own position, according to the standards of hisplace and rank in divine service,
אם הוא עובד ה׳ בערך ובחינת מלחמה עצומה כזו ונסיון כזה
as to whether he serves G‑d in a situation requiring a comparable struggle in a manner commensurate with the dimensions of such a fierce battle and test as the kal shebekalim faces.
For even the most dispassionate and cloistered of men must often engage in battle with his evil inclination, both in the area of1 “doing good” and in that of “turning away from evil,” as the Alter Rebbe goes on to illustrate.
בבחינת ועשה טוב, כגון בעבודת התפלה בכוונה, לשפוך נפשו לפני ה׳ בכל כחו ממש
In the realm of “do good” — in the service of prayer with kavanah (devotion), for example, he must battle his evil inclination daily, in order to pour out his soul before G‑d with his entire strength,
עד מיצוי הנפש
to the extent of “wringing out” his soul,2 i.e., exhausting all of his intellectual and emotional power in his devotion.
ולהלחם עם גופו ונפש הבהמית שבו המונעים הכוונה במלחמה עצומה, ולבטשם ולכתתם כעפר קודם התפלה שחרית וערבית מדי יום ביום
This battle must be waged both before (i.e., preparatory to) and also during prayer, as follows: He must wage a great and intense war against his body and the animal soul within it which impede his devotion, crushing and grinding them like dust every single day, before the morning and evening prayers.
וגם בשעת התפלה, לייגע עצמו ביגיעת נפש ויגיעת בשר, כמו שכתוב לקמן באריכות
Also during prayer he must exert himself with an exertion of the spirit, so that his spirit should not grow weary of lengthy contemplation on the greatness of G‑d, and an exertion of the body to remove the hindrances to devotion imposed by the body, as will be explained further at length.3
| FOOTNOTES | |
| 1. | Tehillim 34:15. |
| 2. | Sifrei on Devarim 6:5. |
| 3. | Ch. 42. |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Shabbat, Adar I 18, 5776 · February 27, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 101
Slaughtering an Animal and its Offspring on the Same Day
"You shall not slaughter it and its child on the same day"—Leviticus 22:28.
It is forbidden to slaughter an animal and its offspring on the same day—even if offered as a sacrifice to G‑d.
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Shabbat, Adar I 18, 5776 · February 27, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 101
Slaughtering an Animal and its Offspring on the Same Day
"You shall not slaughter it and its child on the same day"—Leviticus 22:28.
It is forbidden to slaughter an animal and its offspring on the same day—even if offered as a sacrifice to G‑d.
Full text of this Mitzvah »
Slaughtering an Animal and its Offspring on the Same Day
Negative Commandment 101
Translated by Berel Bell
The 101st prohibition is that we are forbidden from slaughtering an animal and her child on the same day. This applies both to sanctified and non-sanctified animals.
The source of this prohibition is G‑d's statement,1 "Do not slaughter an animal and her child on the same day."
One who transgressed this prohibition and slaughtered them is punished by lashes.
The details of this mitzvah are fully explained in the fifth chapter of tractate Chulin.
FOOTNOTES
1.Lev. 22:28.
----------------------------------------------------------
• 1 Chapter: Shemita Shemita - Chapter 13 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Shemita - Chapter 13
Audio: Listen | Download | Video Class• Shemita - Chapter 13
Halacha 1
Although the tribe of Levi does not have an ancestral portion within Eretz [Yisrael],1 the Jewish people were commanded to give them cities2 to dwell in3and [additional] residential property.4 The cities include the six cities of refuge and 42 additional cities.5 When cities of refuge will be added in the era ofMashiach,6 all will be given to the Levites.
Halacha 2
[The obligation to give] the non-developed land around the cities is explicitly mentioned in the Torah as being [a radius of] three thousand cubits in every direction from the wall of the city outward, for [Numbers 35:4-5] states: "From the wall of the city onward, 1000 cubits on all sides" and continues: "You shall measure from the outside of the city 2000 cubits on the eastern side." The first thousand are left as [additional] residential property and the 2000 that are measured outside this residential property are for fields and vineyards.
Halacha 3
Every city is given a cemetery outside these boundaries, for they do not bury their dead within their cities, as [implied by ibid.:3]: "The residential area will be for their animals, their property, and all their vital needs." [This land] was given "for their vital needs" and not for burial.7
Halacha 4
In the cities of the Levites, the city itself should not be transformed into an outlying residential area and the outlying residential area should not made part of the city. This outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area, as [Leviticus 25:34] states: "The fields of the residential area of their cities should not be sold."
Halacha 5
According to the Oral Tradition,8 it was taught that the phrase "should not be sold" should be interpreted as "should not be changed."9 Instead, all of the three, field, a residential area, and a city should remain in its original circumstances forever.
Similarly, in the other cities of [Eretz] Yisrael, the outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area. The city itself should not be transformed into an outlying residential area and the outlying residential area should not be made part of the city.
Halacha 6
A person should not destroy his home to make it into a garden, nor should he plant a garden in his ruin, lest one destroy Eretz Yisrael.10
Halacha 7
The priests and the Levites who sold fields from the fields of their cities or homes from the homes in their walled cities do not redeem their property according to the procedures [explained above].11 Instead, they may sell their fields even directly before the Jubilee and redeem them immediately.12 If they consecrated a field, they may redeem it from the possession of the Temple treasury after the Jubilee.13 They may redeem houses in a walled city whenever they desire, even after several years,14 as [Leviticus 25:32] states: "The Levites will have eternal rights of redemption."
Halacha 8
When an Israelite inherits property from his maternal grandfather who was a Levi,15 although he is not a Levite, he may redeem [the property] as if he was a Levite. Since these cities or fields belong to the Levities, they may be redeemed forever. For this law is dependent on [the characteristics of] these places, not of the owners.16
Halacha 9
When a Levite inherits the property of his maternal grandfather who is an Israelite,17 he does not have the redemption rights of a Levite, only those of an Israelite, for the verse "The Levites will have eternal rights of redemption" applies only in the cities of the Levites.
Halacha 10
The entire tribe of Levi are commanded against receiving an inheritance in the land of Canaan,18 and they were commanded against receiving a share in the spoil when the cities are conquered,19 as [Deuteronomy 10:9] states: "The priest and the Levites - the entire tribe of Levi - should not have a portion and an inheritance among Israel." "A portion" [refers to a portion] of the spoil; "an inheritance" refers to [a portion of] the land. And [Numbers 18:20]: "You20 shall not receive a heritage in their land, nor will you have a portion among them," i.e., in the spoil. If a Levite or a priest takes a portion of the spoil, he is punished by lashes.21 If he takes an inheritance in Eretz [Yisrael], it should be taken from his possession.22
Halacha 11
It appears to me23 that the above applies only with regard to the land for which a covenant was established with Abraham, Isaac, and Jacob, their descendants inherited it and it was divided among them. If, however, other lands will be conquered by a king of Israel, the priests and the Levites have the same rights as the entire Jewish people.24
Halacha 12
Why did the Levites not receive a portion in the inheritance of Eretz Yisraeland in the spoils of war like their brethren? Because they were set aside to serve God and minister unto Him and to instruct people at large in His just paths and righteous judgments, as [Deuteronomy 33:10] states:25 "They will teach Your judgments to Jacob and Your Torah to Israel." Therefore they were set apart from the ways of the world. They do not wage war like the remainder of the Jewish people, nor do they receive an inheritance, nor do they acquire for themselves through their physical power. Instead, they are God's legion, as [ibid.:11]: states: "God has blessed His legion" and He provides for them, as [Numbers 18:20] states: "I am your portion and your inheritance."26
Halacha 13
Not only the tribe of Levi, but any one of the inhabitants of the world27whose spirit generously motivates him and he understands with his wisdom to set himself aside and stand before God to serve Him and minister to Him and to know God, proceeding justly as God made him, removing from his neck the yoke of the many reckonings which people seek, he is sanctified as holy of holies.28 God will be His portion and heritage forever and will provide what is sufficient for him in this world like He provides for the priests and the Levites.29 And thus David declared [Psalms 16:5]: "God is the lot of my portion; You are my cup, You support my lot."
Blessed be the Merciful One who provides assistance.
FOOTNOTES
1.
I.e, all the other tribes were given portions of the land as an ancestral heritage. Levi was not given such a portion. Indeed, as stated in Halachah 10, a Scriptural prohibition is involved in them receiving such a portion.
2.
Sefer HaMitzvot (positive commandment 183) and Sefer HaChinuch (mitzvah 408) include the commandment to provide cities for the Levites among the 613 mitzvot of the Torah.
3.
One might infer from this wording (borrowed from Numbers 35:2) that the cities do not belong to the Levites per se. They are merely given the right "to dwell" in them. Nevertheless, from the Rambam's rulings: a) (Hilchot Ma'aser Sheni 11:17) that the Levites must recite the declaration after separating the second tithes for they possess these cities; and
b) his ruling (Hilchot Rotzeach 8:10) that an accidental killer who flees to the cities of the Levites must pay rent, we can conclude that they are the owners of these cities in a way similar to the other tribes' ownership of their ancestral heritages (Likkutei Sichot, Vol. XXV, p. 93).
4.
Our translation follows the Rambam's Commentary to the Mishnah (Arachin 9:8) which defines the term migrash as "the settlements close to the city which we refer to as outlying districts where shepherds and workers dwell."
5.
Numbers 35:2, 6 states: "Command the children of Israel that they shall give to the Levites... cities for dwelling and residential property.... The cities that you shall give the Levites are the six cities of refuge... and in addition, you shall give 42 cities." The names of these 42 cities are mentioned in Joshua, ch. 21.
Based on Hilchot Rotzeach, loc. cit., Likkutei Sichot, differentiates between the Levites ownership of the 42 cities and their ownership of the cities of refuge. For inHilchot Rotzeach, the Rambam states that an accidental killer who flees to the cities of refuge need not pay rent. With regard to these cities, the Levites are mere caretakers.
6.
In Deuteronomy, ch. 19, the Torah commands the Jewish people to set aside three cities of refuge in the portion of Eretz Yisrael west of the Jordan and three in TransJordan. It then continues (Deuteronomy 19:8-9) states: 'When God will expand your borders... you must add three more cities.' In Hilchot Melachim 11:2, the Rambam refers to this command as a proof of Mashiach's ultimate coming, for "This command was never fulfilled. [Surely,] God did not give this command in vain." Ultimately, there will come an era, the era ofMashiach, when this command will be fulfilled and these cities will be separated. See also Hilchot Rotzeach 8:2-4, 9-10.
7.
And additional land must be given for that purpose. Nevertheless, a person who accidentally killed a colleague and who fled to one of these cities should be buried within these cities, as stated in Hilchot Rotzeach7:3 (Radbaz).
8.
See Arachin 33b.
9.
Sefer HaMitzvot (negative commandment 228) and Sefer HaChinuch (mitzvah 342) include this commandment with the above interpretation among the 613 mitzvot of the Torah.
10.
I.e., the intent should be to make the land a residential center.
11.
See Chapter 11 which describes the redemption of a field that is an ancestral heritage. See Chapter 12 which describes the redemption of a home in a walled city.
12.
In contrast to the fields of an ancestral heritage that must be sold for at least two years, as stated in Chapter 11, Halachah 9.
In the listing of the mitzvot at the beginning of these halachot, the Rambam mentions giving the Levites the potential to redeem the land as part of the prohibition against selling the lands of the Levite. This enables that mitzvah to be understood in two contexts:
a) the halachic understanding expressed in halachot 4-5, that the status of the properties should not change,
b) the simple understanding of the verse, that the Levites' property should never be permanently sold, but rather there should always be the opportunity to redeem it.
13.
When, by contrast, an ordinary person who does not redeem his field after consecrating it, it becomes the property of the Temple treasury in the Jubilee (Hilchot Arachin 4:20-21).
14.
While an ordinary person can redeem such houses only during the first year (Chapter 12, Halachah 7).
15.
I.e., his maternal grandfather had no sons and his property was therefore inherited by his daughter. The daughter was married to an Israelite and so her children are Israelites. Whether she dies in her father's lifetime or afterwards, his property is inherited by her son, an Israelite.
16.
And when the Israelite inherited his grandfather's property, he inherited all the rights his grandfather possessed.
17.
I.e., a Levite married an Israelite women who gave birth to a son. That son is an Levite. If his maternal grandfather (an Israelite) dies without sons, his mother inherits his property and when she dies, the son who is a Levite inherits it from her.
18.
Sefer HaMitzvot (negative commandment 169) and Sefer HaChinuch (mitzvah 504) include this commandment with the above interpretation among the 613 mitzvot of the Torah.
19.
Sefer HaMitzvot (negative commandment 170) and Sefer HaChinuch (mitzvah 505) include this commandment with the above interpretation among the 613 mitzvot of the Torah. Sefer HaMitzvot, loc. cit., elaborates in explanation why the two charges are counted as separate commandments.
20.
The verse is addressed to Aaron as the leader of the entire tribe of Levi.
21.
The Radbaz states that it would appear that this applies only when one has destroyed the portion that he took. If, however, it can be returned, it should be returned and he is not subjected to lashes. (This is also the view of Sefer HaChinuch, loc. cit.) Nevertheless, the Radbaz concludes that it is possible to say that one may not compensate for this prohibition by making financial restitution and hence, lashes are required in all circumstances.
22.
For land can never be misappropriated from its rightful owners. Hence, his taking it is of no consequence and therefore, he is not punished (Radbaz).
23.
This phrase introduces a ruling that the Rambam arrived at through deduction, without any explicit, prior Rabbinic source.
24.
The Ra'avad objects to the Rambam's statement, stating that if so, the priests and the Levites would not have the rights toterumah and the tithes in these lands, for (see the following halachah and Hilchot Bikkurim 105), these presents were given to the priests instead of an ancestral portion. The Kessef Mishneh strengthens the Ra'avad's argument, noting that were it not for a special Divine commandment, the priests and the Levites would not have been given a portion of the spoil gained in the war against Midian. Nevertheless, the Kessef Mishneh as well as the Radbaz explain that the spoils from the war against Midian can be used as a source to teach that similar concepts apply with regard to other wars.
25.
In Moses' blessing to the tribe of Levi.
26.
The Rambam cites the first portion of this verse in Halachah 10 as proof that the Levites are not entitled to a portion of the spoil nor an ancestral heritage in Eretz Yisrael. In this halachah, he explains the rationale for that exclusion. The Levites are set aside from material involvement so that they can devote themselves to the spiritual. God, however, promises that this exchange will not cause them any loss, for He will provide for their material needs.
27.
This wording could also imply gentiles.
28.
This expression is used by I Chronicles 23:12 to refer to the holiness of Aaron, the High Priest. The Rambam is implying that every individual can reach a similar level of holiness.
29.
I.e., the Rambam is explaining that the motif that applies with regard to the priests and the Levites can be extended and in truth applies with regard to any person who is willing to devote his life to God's service.
---------------------
• 3 Chapters: Shechitah Shechitah - Chapter 3, Shechitah Shechitah - Chapter 4, Shechitah Shechitah - Chapter 5 • English Text | Hebrew Text | Audio: Listen | Download• Shechitah - Chapter 3
Audio: Listen | Download• Shechitah - Chapter 3
Halacha 1
There are five factors that disqualify ritual slaughter and the fundamentals of the laws of shechitah are to guard against each of these factors: They are:shehiyah, dirasah, chaladah, hagramah, and ikur.1
Halacha 2
What is meant by shehiyah? A person began to slaughter and lifted up his hand before he completed the slaughter and waited. Whether he did so inadvertently, intentionally, or because of forces beyond his control, [the following rules apply] if he or another person completed the slaughter. If he waited the amount of time it would take to lift up the animal, cause it to lie down, and slaughter it, his slaughter is not acceptable. If he waited less than this amount of time, his slaughter is acceptable.
Halacha 3
With regard to a small domesticated animal:2, the measure of shehiyah is the amount of time it would take to lift up the animal, cause it to lie down, and slaughter it. With regard to a large domestic animal,3 the measure of shehiyahis the amount of time it would take to lift up the animal, cause it to lie down, and slaughter it.4 With regard to a fowl, the measure of shehiyah is the amount of time it would take to lift up a small animal, cause it to lie down, and slaughter it.5
Halacha 4
When a person cut [the signs] for a while, waited for a while, cut for a while, waited for a while until he concluded the slaughter without waiting the measure that disqualifies an animal at any one time, but over the times he waited over the entire period would equal the measure of shehiyah, there is an unresolved doubt whether [the animal is considered] a nevelah.6
Similarly, if he waited the amount of time it takes to lift up the animal, cause it to lie down, and cut only a portion of the signs, but not to slaughter it entirely, there is an unresolved doubt whether [the animal is considered] a nevelah.
Halacha 5
If he slaughtered the majority of one of the signs for a fowl or the majority of both signs for an animal, the slaughter is permitted even if he waited half the day and then returned and finished cutting the signs.7 For since the minimum measure for slaughter was met, it is as if he is cutting slaughtered meat.
Halacha 6
If one cuts half or less of the windpipe and waits an extended period, he may return and complete the slaughter; [his previous acts] are of no consequence.8 If, however, he cut the majority of [an animal's] windpipe or perforated the gullet even slightly and then waited the [disqualifying] measure, [the slaughter] is unacceptable.9 [This applies] whether he returned and completed cutting where he began or slaughtered the animal entirely in a different place. [The rationale is] that when the majority of the windpipe is slit or the gullet of either an animal or a fowl is perforated even slightly, the animal is comparable to a nevelah and ritual slaughter is not effective for it, as will be explained.10
Halacha 7
It is thus explained for you that the concept of shehiyah does not exist with regard to the windpipe of a fowl at all. For if he slit the majority of the windpipe and waited, he has already completed the slaughter of [the fowl]. When he goes back and completes it, it is as if he is cutting meat.11 If he slit less than half the windpipe and waited, he may return and [complete the] slaughter whenever he desires,12 for it is not disqualified as a nevelah unless the majority of the windpipe has been cut.
Halacha 8
[The following rules apply when] one slaughtered a fowl and waited, but does not know whether the gullet was perforated or not.13 He should return and cut the windpipe alone in another place,14 let [the fowl] be until it dies, and then check the gullet from the inside.15 If a drop of blood was not found on it, it is apparent that it was not perforated and it is acceptable.
Halacha 9
Halacha 10
If he inserted the knife beneath the [animal's] skin and slit both the signs in the ordinary fashion, hid the knife under tangled wool, or spread a cloth over the knife and the neck18 and slaughtered under the cloth, since the knife is not openly revealed, there is an unresolved doubt whether [the animal is considered] a nevelah. Similarly, if slaughtered less than half the signs withchaladah and completed the slaughter without chaladah, there is an unresolved doubt whether [the animal is considered] a nevelah.
Halacha 11
What is meant by dirasah?19 For example, one struck the neck with a knife as one strikes with a sword, cutting the signs at one time, without passing [the knife] back and forth or one placed the knife on the neck and pressed, cutting downward like one cuts radishes or squash until he cuts the signs, [the slaughter] is unacceptable.
Halacha 12
What is meant by hagramah?20 This refers to one who slaughters at a high point on the windpipe21 where it is not fit to slaughter. There are two [nodes, like kernels of] wheat at the top of the windpipe, at the large ring.22 [The following rules apply if] one slaughtered in the midst of these kernels. If he left even the slightest portion of them intact above [the place of slaughter], it is acceptable, for he slaughtered from the slanting cap [of the windpipe] or lower. This is within the place that is fit for ritual slaughter. If, however, he did not leave any portion of them intact, but instead cut above them, this is considered as [being slaughtered with] hagramah and it is unacceptable.
Halacha 13
If one slit the majority of one sign [for a fowl] or the majority of both signs [for an animal] and then completed the slaughter through dirasah or hagramah, it is acceptable, for the minimum measure was slaughtered in the proper manner.23
If at first, he slit a third [of the windpipe]24 through hagramah, and then cut two thirds in the appropriate manner, the slaughter is acceptable.25 If he cut a third in the appropriate manner, cut a third through hagramah, and then cut the last third in the appropriate manner, the slaughter is acceptable.26 If at first, he slit a third through hagramah, cut a third in the appropriate manner, and then cut a third through hagramah, the slaughter is unacceptable.27 If one cut [a portion of] an animal's throat with derisah or chaladah, it is unacceptable, whether it was the first or second third.28
Halacha 14
Halacha 15
If one of the signs was displaced and afterwards, one slit the other, the slaughter is unacceptable.31 If one slit one of the signs [of a fowl] and then discovered that the other one was displaced, but it is unknown whether it was displaced before slaughter32 or after slaughter,33 there is an unresolved question whether [the fowl] is a nevelah.
Halacha 16
If the sign that was cut for ritual slaughter is discovered to have been displaced, [the fowl or animal]34 is acceptable, for certainly, it was displaced after the slaughter. For if it had been displaced before ritual slaughter, it would have hung loosely and it would not have been able to be slaughtered [effectively].35
Halacha 17
When does the above apply? When [the slaughterer] did not hold the signs in his hand when he slit them. If, however, he held the signs and slaughtered, it is possible that [the signs] could have been slit [effectively even] after they were displaced.36 Therefore, if a sign is discovered to be displaced and slaughtered,37 there is an unresolved question whether [the animal or the fowl] is a nevelah.
Halacha 18
Whenever we have used the term "unacceptable," the animal is a nevelah and if a person partakes of an olive-sized portion of it, he is liable for lashes for partaking of a nevelah. For only an acceptable slaughter as commanded by Moses our teacher of blessed memory prevents an animal from being considered a nevelah as we explained.38 Whenever there is an unresolved doubt whether slaughter [is acceptable], there is an unresolved doubt whether the animal is a nevelah.39 A person who partakes of it is liable for stripes for rebellious conduct.
Halacha 19
When the thigh of an animal and [the meat40 of] its hollow were removed and thus it appears lacking when it crouches, it is a nevelah.41 [It is] as if half of it was cut away and it was divided into two bodies. Thus slaughter is not effective with regard to it.
Similarly, if [the animal's] backbone was broken together with the majority of the meat, its back was ripped open like a fish, the majority of the windpipe was been severed,42 or the gullet was perforated in a place fit for slaughter,43it is considered as a nevelah while alive and slaughter will not be effective with regard to it. The same laws apply to both an animal and a fowl with regard to all these matters.
Halacha 20
The gullet has two membranes: the external membrane is red and the inner membrane is white.44 If only one of them is perforated, [the animal] is acceptable.45 If they are both perforated even to the slightest degree in a place fit for slaughter, it is a nevelah.46 [This applies] whether it was slaughtered in the place of the perforation or in another place, slaughter will not be effective with regard to it. If they were both perforated, [even when] one [hole] does not correspond to the other, the animal is a nevelah47.
Halacha 21
When the gullet is perforated and a scab forms which covers it, the scab is of no consequence and it is considered perforated as it was beforehand.48 If a thorn is detected standing in the gullet, there is an unresolved doubt whether the animal is a nevelah. We fear that perhaps a scab developed in the place of a perforation and it is not visible.49 If, however, a thorn is lying lengthwise50 in the gullet, we are not concerned about it, for most desert animals eat thorns continuously.51
Halacha 22
The gullet cannot be checked from the outside, only from the inside.52 What is implied? One should turn it inside out and check it. If a drop of blood is found upon it, it can be concluded that it was perforated.
Halacha 23
When the majority of the cavity of the windpipe53 has been severed in the place fit for slaughtering,54 [the animal] is a nevelah. This also applies if it has a hole the size of an isar.55
[The following rules apply if the windpipe of an animal] was perforated with small holes.56 If the perforations did not detract [from the flesh, they disqualify the animal if,] when they are added together, they constitute the majority [of the windpipe]. If they detract from the flesh, [they disqualify the animal if,] when they are added together, their sum is the size of an isar.57 Similarly, if a strand [of flesh] is removed from [the windpipe], it [disqualifies the animal if its area] is the size of an isar.
With regard to a fowl, [a more stringent rule applies]:58 Whenever the strip [of flesh that was removed] or the holes that detract from the flesh [are large enough so that they] could be folded so that when placed over the opening of the windpipe, it would cover the majority [of its cavity],59 it is a nevelah. If not, it is acceptable.
Halacha 24
Halacha 25
When a windpipe has been perforated62 and it is not known whether it was perforated before the slaughter or afterwards,63 we perforate it again in another place and compare the two holes. If they resemble each other, it is permitted.64
We compare only [a hole in] a large ring to [a hole in] a large ring or [a hole in] a small [ring] to [a hole in] a small [ring], but not [a hole in] a small [ring] to a [a hole in] a large [ring]. For the entire windpipe is made up of a series of rings. Between each [large] ring is a small, soft ring.
FOOTNOTES
1.
The Rambam describes each of these terms in the subsequent halachot in this chapter.
2.
I.e., a sheep or a goat.
3.
I.e., a cow.
4.
I.e., each animal is considered according to its category. It will take more time to deal with a large animal than a smaller one and the time factor is adjusted accordingly.
5.
The Rambam's ruling favors the opinion of Shmuel over Rav. In his Kessef Mishneh, Rav Yosef Caro explains that generally, we follow the principle that the halachah follows Rav's approach with regard to the Torah prohibitions. Nevertheless, in this instance, since there are other Sages who support Shmuel's view, the Rambam favors his opinion. In his Shulchan Aruch (Yoreh De'ah23:2), in addition to the Rambam's view, Rav Yosef Caro quotes Rashi's position which rules much more stringently with regard toshehiyah for a fowl. The Rama states that the common custom is to disqualify any ritual slaughter involving shehiyah of the slightest time for both animals and fowl.
6.
Although the Ra'avad and Rav Moshe HaCohen dispute the Rambam's ruling, it is accepted by the Shulchan Aruch (Yoreh De'ah23:3). The Rama reiterates the stringency stated above.
7.
In addition to the Rambam's view, theShulchan Aruch (Yoreh De'ah 23:5) quotes the view of Rashi cited by the Tur that as long as the cutting of the signs is not completed, shehiyah can disqualify an animal. Hence, as an initial and preferred option, one should show respect for this view. The Rama rules even more stringently, stating that even after the fact, the slaughter is disqualified. For that reason, he continues, if the majority of the signs are cut, but the animal is lingering alive, rather than cut the signs further, one should hit it on its head to kill it.
8.
For until half of the windpipe is cut, the animal is not considered as trefe.
9.
He cannot return and correct the slaughter, for the animal is already considered as anevelah.
10.
Halachah 19.
11.
As stated in Halachah 5.
12.
As stated in Halachah 6.
13.
If the gullet was perforated, the slaughter is unacceptable. If not, it is acceptable.
14.
Theoretically, he could also cut the windpipe in the same place and complete the slaughter in that manner. Nevertheless, our Sages advised against doing so, for in this way, it is much easier to perforate the gullet when cutting the windpipe and thus he might disqualify the slaughter unnecessarily (Kessef Mishneh). See the Turei Zahav 23:6 who offers another rationale. As mentioned above, the Rama rules that whenever one waits during the slaughter of a fowl or an animal, the slaughter is disqualified.
A parallel law - slaughtering the animal in a different place - does not apply with regard to an animal. For to slaughter the animal, he must slit the gullet and we fear that he will cut at a place where it had been perforated previously (Kessef Mishneh).
15.
I.e., he should cut the gullet off at its top and/or bottom and turn it inside out. If he is able to find a drop of blood, he can assume that it is perforated and it is unacceptable. An external examination of the gullet is not sufficient for the surface of the gullet is red and a drop of blood will not be noticeable. Its inner surface, however, is skin-colored and the blood will be noticed (Kessef Mishneh).
16.
Chullin 20b states that this term is derived from the word chuldah meaning "weasel," i.e., an animal that hides in the foundation of homes. Similarly, chaladah involves "hiding" the knife when slaughtering; i.e., inserting it in a way that the blade is not open to the eye. Implied is that the proper way to slaughter is for the slaughterer to hold the animal or fowl with its neck upward and to draw the knife back and forth across the neck.
17.
Certainly, this applies when he inserted the knife below both signs and slaughtered the animal by moving the knife back and forth while pointed upward (Siftei Cohen 24:6).
18.
In his Kessef Mishneh, Rav Yosef Caro quotes other authorities who explain that this is referring to a situation where the person tied the cloth around the animal's neck, attached it with wax, or the like. If, however, he merely loosely spread the cloth over the animal, the slaughter is acceptable. He concludes, however, that the Rambam's opinion should be respected. In his Shulchan Aruch (Yoreh De'ah 24:8), he rules according to the other views, but states: "One should show concern for his (the Rambam's) opinion at the outset."
19.
The term doreis means "prey" or "strike," i.e., killing with a blow, rather than drawing back and forth as is required for ritual slaughter.
20.
The Maggid Mishneh gives two interpretations of the term hagramah:
a) "lift up," as in II Kings 9:13; i.e., he lifted the knife above its proper place; and
b) "tip," as in Bava Batra 88b; i.e., he tipped the knife upward.
21.
The Rambam speaks only with regard to the windpipe, because he defines hagramah as slaughtering the animal in an improper place. If one would slit the gullet above the proper place, the animal would become disqualified as a trefe immediately (Kessef Mishneh).
22.
The Maggid Mishneh states that the windpipe is made up of many rings. Over the top ring, there is a flap (cap) of flesh which is slanted. (This is the area of the larynx. See also Chapter 1, Halachah 7, and notes.) At the top of this flap, there are two kernel-like buttons of flesh. As long as the slaughterer leaves some portion of these kernels intact, the slaughter is acceptable.
23.
The Rambam derived this concept from a comparison to the laws of shehiyahmentioned in Halachah 5. The same concept applies if one slaughters more than half the signs appropriately and then completes the slaughter through chaladah. Indeed, it can be explained that the Rambam does not mention this law with regard to chaladah, because it is obvious. For in chaladah, the slaughter is essentially correct; it is only the manner in which one inserts the knife that is unacceptable (Kessef Mishneh).
As mentioned in the notes to Halachah 5, there are opinions who differ and disqualify the slaughter. Similarly, with regard to the laws at hand, there are opinions that are more stringent, except with regard tohagramah. In that instance, they accept the leniency mentioned by the Rambam. TheShulchan Aruch (Yoreh De'ah 24:12) quotes both of the views without stating which should be followed. The Rama goes further and states that it is customary to rule stringently even with regard to hagramah, and even with regard to fowl.
24.
This addition is necessary, for as stated above, if the gullet is perforated, the slaughter is disqualified.
25.
For the majority of the windpipe was cut in an acceptable manner and the preliminary cutting did not cause the animal to be considered as a trefe.
26.
Here also, the majority of the windpipe is cut in an acceptable manner. The fact that the two thirds were not cut directly after each other is not significant.
27.
For the majority of the windpipe has not been slit in an acceptable manner.
28.
The rationale for the Rambam's words has been discussed at length by the commentaries, because with regard tochaladah, in Halachah 10, he writes that there is an unresolved question whether the slaughter is disqualified, while here he appears to say that it is definitely unacceptable. The Rivosh (Responsum 187), the Kessef Mishneh, the Maggid Mishneh, and the Siftei Cohen 24:18 all offer lengthy - and somewhat forced - explanations to attempt to resolve the apparent contradiction. The core of the explanation of the Kessef Mishneh is that since the majority of the windpipe was slit in the proper place, it is not disqualified because a portion was not.
Needless to say, if one cuts the last third in either of these fashions, according to the Rambam, the slaughter is not disqualified, for it has already been completed (through slitting more than half of the sign[s] in an acceptable manner). The Rama, however, would disqualify the slaughter as stated above.
29.
The term ikur means "uproot." The Kessef Mishneh states that, according to the Rambam, the fact that the signs have slipped from their place does not cause the animal to be deemed a trefe (see, however, Chapter 9, Halachah 21, and notes). Nevertheless, such a condition disqualifies the animal, for it is impossible for the ritual slaughter to be carried out in the proper manner.
30.
For the slaughter was already completed in an acceptable manner. Compare to the following halachah.
31.
This applies even with regard to a fowl. Although it is only necessary for one of the signs of a fowl to be cut in the appropriate manner, the other one must be fit to be slit in an appropriate manner (Kessef Mishneh).
32.
In which instance it would disqualify it.
33.
In which instance, it would be acceptable.
34.
With regard to a fowl, the sign in question is the only sign slit. With regard to an animal, the other sign must have been slaughtered effectively.
35.
The Tur and the Shulchan Aruch (Yoreh De'ah 24:18) rule more stringently and maintain that it is necessary to slaughter another animal, displace its signs afterwards, and compare the two. Only if they are similar is the slaughter accepted. Moreover, the Shulchan Aruch continues stating that, at present, we are not expert at making this comparison and hence, forbid an animal whenever such a condition arises.
36.
Because the slaughterer will hold the signs in the proper position by hand.
37.
And we do not know whether the slaughterer held it by hand or not.
38.
See Chapter 1, Halachot 1 and 4.
39.
Since an animal is forbidden during its lifetime, its meat is permitted only when we are certain that the slaughter was acceptable (Radbaz).
40.
The addition is made on the basis of the gloss of the Maggid Mishneh.
41.
I.e., even though the animal still has a certain vestige of vitality, it is considered as if it has died already and it imparts ritual impurity as a nevelah does (Hilchot Shaar Avot HaTumah 2:1).
42.
In this and the following instance, the Siftei Cohen 33:4 rules that the animal is a trefeand not a nevelah.
43.
If, however, the gullet was perforated at a higher point in the neck (see Halachah 12), it is considered as a trefe and not a nevelah.
44.
I.e., skin-colored.
45.
For the one that is not perforated is sufficient to protect the animal sufficiently for it to survive.
This leniency applies when the inner membrane is perforated due to sickness. If, however, it is perforated due to a thorn, we fear that the outer membrane may also be perforated, but that perforation cannot be detected [see Halachah 22; Rama (Yoreh De'ah 33:4)].
46.
As above, if the gullet was perforated at a higher point in the neck (see Halachah 12), it is considered as a trefe and not a nevelah(Kessef Mishneh).
47.
With regard to other organs which have two membranes, e.g., the brain and the lungs, the animal is not considered as trefe unless the holes correspond to each other. In this instance, however, the ruling is much more severe because the gullet is stretched and becomes extended. Thus even if the place of the holes do not correspond, they can match each other at times [Kessef Mishneh,Shulchan Aruch (Yoreh De'ah 33:4)].
48.
For as the gullet expands, it is possible that the scab will open (Rashi, Chullin 42a).
49.
The Rama (Yoreh De'ah 33:9) rules more leniently, stating that unless a trace of blood is detected on the outer side, we do not disqualify an animal because a thorn was implanted in the gullet.
50.
The Shulchan Aruch (Yoreh De'ah 33:9) rules that this applies even if the thorn is lying widthwise, as long as it is not implanted in the membrane. [Indeed, some versions of the Mishneh Torah substitute widthwise for lengthwise.]
51.
And yet do not suffer any internal damage.
52.
Because, as stated above (see Halachot 8, 19), since its outer membrane is red, a trace of blood will not be obvious.
53.
I.e., the slit goes from side to side in a manner in which the majority of the cavity is slit. The Rambam (based on Chullin 44a,b) is emphasizing that this measure disqualifies an animal even if when including the thickness of the flesh of the windpipe, the slit would not cover the majority of the windpipe.
54.
See Chapter 1, Halachah 7, and notes.
55.
An Italian coin, frequently used in the Talmudic era. In his commentary to the Mishnah (Mikveot 9:5), the Rambam states that an isar is the weight of four barley corns.
The Shulchan Aruch (Yoreh De'ah 34:2) states that we are unfamiliar with the measure of an isar. Therefore, the laws applying to an animal should resemble those applying to a fowl and if the slit covers the majority of the cavity of the windpipe, it is disqualified. The Rama states that, for an animal, an isar is smaller than the majority of the cavity of the windpipe. Therefore he states that perhaps the intent of theShulchan Aruch, is the majority of the cavity of a fowl. He cautions anyone who has a doubt to rule stringently and disqualify the animal.
56.
When quoting this law, the Shulchan Aruch(Yoreh De'ah 33:3) speaks of perforating the windpipe "like a sifter."
57.
In his Kessef Mishneh and his Shulchan Aruch (Yoreh De'ah 34:3), Rav Yosef Caro writes that as long as the flesh between the holes is not larger than the holes themselves, it is included together with them in this measure.
58.
For the entire windpipe of a fowl may not be the size of an isar (Rashi, Chullin 45a).
59.
The addition is based on the gloss of theKessef Mishneh. For each particular fowl, this measure is calculated individually (Maggid Mishneh).
60.
Our translation is based on the gloss of theKessef Mishneh who quotes the Tur (Yoreh De'ah 34) who explains that in contrast to the previous halachah which speaks of a hole the area of an isar, this halachah is speaking about a hole through which an isarcan be slipped through on its side.
It must be emphasized that the Rambam's ruling depends on the interpretation ofChullin 54a advanced by Rabbenu Yitzchak Alfasi. Rashi advances a different interpretation of that passage on which basis, the Ra'avad objects to the Rambam's ruling. The Shulchan Aruch (Yoreh De'ah34:5-6) quotes both opinions without stating which is favored.
61.
The Kessef Mishneh quotes Rashi who explains that if the windpipe is slit across we rule more stringently, for the stress of breathing will extend the windpipe and cause the slit to expand. This does not apply when it is split lengthwise.
62.
In a manner that would disqualify the animal.
63.
Were it to have been perforated afterwards, the perforation would not be significant.
64.
For it is apparent that the first hole was also made after the animal's death. The Rama (Yoreh De'ah 34:9) states that we are not proficient in inspecting the animal in this way and should disqualify it in all situations.
Shechitah - Chapter 4
Halacha 1
When a Jew who does not know the five factors that disqualify ritual slaughter and the like concerning the laws of shechitah that we explained1slaughters [an animal] in private,2 it is forbidden for him and others to partake [of the animal that] he slaughtered. It is close to being considered a nevelah because of the doubt involved.3 When a person eats an olive-sized portion of its meat, he is worthy of stripes for rebellious conduct.
Halacha 2
Even if [such a person] slaughtered [animals] properly in our presence four or five times and this slaughter which he performed in private appears to be a proper and complete the slaughter, it is forbidden to partake of it. Since he does not know the factors that can disqualify ritual slaughter, it is possible that he will cause the slaughter to be disqualified unknowingly.4 For example, he may wait, apply pressure to the animal's neck and slit it, slaughter with a blemished knife, or the like inadvertently.
Halacha 3
[Even] when a Jew knows the laws of ritual slaughter, he should not slaughter in private as an initial and preferred option until he slaughters in the presence of a wise man many times until he is familiar and ardent.5 If, however, at the outset, he slaughtered in private, his slaughter is acceptable.6
Halacha 4
When one knows the laws of ritual slaughter and slaughters in the presence of a wise man until he becomes familiar with ritual slaughter, he is called an expert. Any expert may slaughter in private as an initial and preferred option. Even women7 and servants8 may slaughter as an initial and preferred option.
Halacha 5
When deaf-mute,9 an intellectually or emotionally imbalanced person, a child,10 or a drunkard whose mind became befuddled11 slaughters, their slaughter is unacceptable. Since they do not have [adequate] mental control, we fear that they blundered. Therefore if they slaughtered in the presence of a knowledgeable person and he saw that they slaughtered properly, their slaughter is acceptable.
Halacha 6
Halacha 7
When we saw from a distance that a Jew slaughtered [an animal] and departed and we do not know whether or not he knows the laws of ritual slaughter or not, [the animal] is permitted. Similarly, if a person tells his agent: "Go out and slaughter an animal on my behalf," and he finds a slaughtered animal, but does not know whether his agent or another person slaughtered it, [the animal] is permitted.15 [The rationale for both these laws is] that the majority of people who slaughter are expert.16
Halacha 8
[The following rules apply when a person] loses a kid or a chicken. If he finds it slaughtered at home, it is permitted. [The rationale is that] the majority of people who slaughter are expert. If he finds it in the market place, it is forbidden; perhaps [it was slaughtered improperly and] became a nevelah and was therefore cast into the market place.17 Similarly, if he finds it on the waste dump at home, it is forbidden.18
Halacha 9
Halacha 10
Halacha 11
When a gentile slaughters, even though he slaughters in the presence of a Jew, [using] a finely [honed] knife,23 and even if he was a minor,24 his slaughter is a nevelah. According to Scriptural Law, one is liable for lashes for partaking of it,25 as [implied by Exodus 34:15]: "[Lest] he shall call you and you shall partake of his slaughter." Since the Torah warns lest one partake of his slaughter, you can infer that his slaughter is forbidden. He cannot be compared to a Jew who does not know the laws of ritual slaughter.
Halacha 12
Halacha 13
If a gentile began to slaughter and slit the minority of the signs and a Jew completed the slaughter or a Jew began the slaughter and a gentile completed it,28 it is invalid.29 [The rationale is that] slaughter [is considered an integral act, a single continuity] from the beginning to the end.30 If, however, a gentile slit [a portion of] an organ that does not cause the animal to be considered anevelah, e.g., he slit half the windpipe and a Jew completed the slaughter, it is acceptable.31
Halacha 14
A Jew who is an apostate because of his transgression of a particular transgression32 who is an expert slaughterer may slaughter as an initial and preferred option.33 A Jew of acceptable repute must check the knife and afterwards give it to this apostate to slaughter with, for it can be presumed that he will not trouble himself to check [the knife].34
If, by contrast, he was an apostate because of worship of false deities, one who violates the Sabbath in public,35 or a heretic who denies the Torah and [the prophecy of] Moses our teacher, as we explained in Hilchot Teshuvah,36he is considered as a gentile and [an animal] he slaughters is a nevelah.
Halacha 15
[Even though] a person is disqualified as a witness because of his violation of a Scriptural prohibition,37 he may [still] slaughter in private if he was an expert.38 For he would not leave something which is permitted and partake of something that is forbidden.39 This is a presumption that applies with regard to all Jews, even those who are wicked.
Halacha 16
These Tzadukkim, Beotosim, 40 their disciples and all that err, following their path, who do not believe in the Oral Law - their slaughter is forbidden. If, however, they slaughtered [an animal] in our presence, it is permitted. For their slaughter is forbidden only because it is possible they blunder. Since they do not believe in the laws of ritual slaughter, we do not accept their word when they say, "We did not blunder."41
Halacha 17
When the Jews were journeying through the desert, they were not commanded to slaughter non-sacrificial animals.42 Instead, they would cut off their heads or slaughter them and eat as the other nations do. In the desert, they were commanded that everyone who desires to slaughter an animal [in the prescribed way] should slaughter only for the sake of a peace offering, as [Leviticus 17:3-5] states: "When a man from the house of Israel will slaughter an ox... and he will not bring it to the Tent of Meeting... [it will be considered as (spilled) blood]... so that the Children of Israel will bring their sacrifices... and slaughter these sacrifices as peace-offerings." If, however, a person desired to cut an animal's head off and partake [of the animal], in the desert, this was allowed.
Halacha 18
This mitzvah43 is not observed forever, nor in the desert alone, at the time it was permitted to kill animals [and partake of them]. There they were commanded that when they would enter Eretz Yisrael, killing animals [for food] would be forbidden and ordinary animals could only be eaten after ritual slaughter. They would be allowed to slaughter in every place except the Temple Courtyard,44 as [Deuteronomy 12:20-21] states: "When God your Lord will expand your boundaries... and you shall slaughter from your cattle and your sheep which God your Lord gave you." This is the mitzvah to be observed for generations - to slaughter and then to eat.
FOOTNOTES
1.
The five factors mentioned in the previous chapter and how to prepare a knife [Kessef Mishneh; Rama (Yoreh De'ah 1:2)].
2.
If, however, a wise man supervises his actions, the slaughter is acceptable, as indicated by Halachah 5. The Maggid Mishneh quotes the Rashba as ruling that such a person may slaughter in the presence of a wise man even as an initial and preferred option. The Shulchan Aruch(Yoreh De'ah 1:3) accepts this ruling, but the Rama does not.
3.
There is no factor that we see that would cause us to disqualify the slaughter. Nevertheless, since it is highly probable that he slaughtered the animal in a way that disqualified it and rendered it a nevelah, the animal is prohibited and placed in this category.
4.
Moreover, even if afterwards, he is taught the laws of ritual slaughter and states that he observed them when he slaughtered the animal, the ruling is not revised. Since he did not know the laws at that time, we fear that he did not observe them (Kessef Mishneh).
5.
This training process is still observed in the present age. Even though a person is familiar with the laws of ritual slaughter, he must first undergo apprenticeship under the guidance of a master and receive authorization to slaughter [Rama (Yoreh De'ah 1:1).
6.
I.e., after the fact, since he knows the laws, we do not disqualify the slaughter.
7.
The Rama (Yoreh De'ah 1:1) states that woman should not be allowed to slaughter as an initial and preferred option.
8.
This refers to Canaanite servants whose Halachic status is the same as women. TheTur (Yoreh De'ah 1) rules that in general servants may not serve as ritual slaughterers. See Siftei Cohen 1:2.
9.
See Halachah 9 which grants a person with only one of these handicaps to slaughter.
10.
The Shulchan Aruch (Yoreh De'ah 1:5) states that this refers to a child who does not know how to maneuver his hands for ritual slaughter. If he knows how to maneuver his hands he may be given an animal to slaughter at the outset. The Rama emphasizes that even so, the child may only slaughter in the presence of others. He may not slaughter alone. Furthermore, the Rama states that it is not customary for a person to receive authorization to slaughter until he is eighteen. The Siftei Cohen 1:25, however, rules more stringently.
11.
The Shulchan Aruch (Yoreh De'ah 1:8) states that one who becomes as drunk as Lot (see Genesis, ch. 19) may not slaughter. One who has not reached this stage of inebriation may slaughter at the outset. The Rama rules more stringently, stating that a person should never slaughter when drunk, for it is likely that he will disqualify the slaughter.
12.
With regard to his proficiency in the laws of ritual slaughter.
13.
Those mentioned in the previous chapter and how to check a knife; there is no need for him to be knowledgeable with regard to all the particulars of the laws of ritual slaughter.
14.
The Kessef Mishneh explains that when there is no alternative (see the following halachah), we rely on the principle that most of those who slaughter are knowledgeable regarding its laws. Nevertheless, in this instance, since we have the opportunity to clarify the matter, we do so.
15.
With regard to questions of business law, we rely on the presumption that an agent will perform the mission with which he was charged. We do not, however, accept this principle with regard to questions involving the Torah's prohibitions (Hilchot Terumot4:6). Nevertheless, even if we know for certain that the agent did not slaughter the animal, we consider it as permitted because of the reason stated by the Rambam.
16.
And when there is no alternative we can rely on this presumption.
From the statements of the Rama (Yoreh De'ah 1:1), it appears that there is a slight difference between the present age and the Talmudic period. In the Talmudic era, most people were proficient in both the laws and practice of ritual slaughter. In the present age, this applies only to those who are occupied professionally in this field. Nevertheless, the laws remain the same, for we assume that only a person who is knowledgeable will actually slaughter animals.
17.
We are not speaking about a waste dump in the market place. In such an instance, all opinions would agree that the animal is forbidden. Instead, we are speaking about a situation where it was found in the marketplace at large. Chullin 12b records a dispute between two Sages concerning this matter and the Rambam chooses the more stringent ruling.
18.
For the circumstances indicate that it was discarded.
As mentioned, there is a difference of opinion in the Talmud regarding this issue. Most Rishonim follow the more lenient view and rule that if the slaughtered animal is found in an ordinary place in the marketplace or in a waste dump at home, it is permitted. The Shulchan Aruch (Yoreh De'ah 1:4) also follows this view.
19.
Another person should recite the blessing for him [Shulchan Aruch (Yoreh De'ah 1:7)].
20.
As long as he has the ability to speak, he is not considered to be intellectually underdeveloped.
Rabbenu Asher explains that such a person should not slaughter as an initial and preferred option, because there is a difficulty with his recitation of the blessing. For a person must recite a blessing in a manner that enables him to hear it and that is impossible for such an individual. Indeed, the Jerusalem Talmud (Terumot 1:6) rules that a person who is dumb should not separateterumah at the outset for that reason [Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 1:6)].
21.
For we fear that he will err and not detect his error. The Siftei Cohen 1:35 quotes opinions that rule that a blind person should not slaughter even when others are watching him.
22.
In this instance as well, the Siftei Cohen 1:36 mentions views that maintain that a person who was never able to see should not slaughter. Even after the fact, one should not partake of his slaughter.
23.
And is well-versed in the laws of ritual slaughter [the Rambam's Commentary to the Mishnah (Chullin 1:1)].
24.
One might think that the slaughter of a minor has an advantage, because a minor's worship of idols is not significant.
25.
Thus a gentile's slaughter is not recognized by Scriptural Law. See, however, the following halachah.
In his Commentary to the Mishnah (ibid.), the Rambam explains that the reason the animal is forbidden is that, in general, when a gentile slaughters, his intent is that the animal is an offering to his false deity, it is, however, permissible to benefit from the animal. We do not consider it as a sacrifice to idols (Chullin 13b; see Chapter 2, Halachah 2), because we assume the gentile is not really sincere in his worship, he is merely mimicking his ancestors.
Rabbeinu Asher differs and explains that the Scriptural command for ritual slaughter states: "And you shall slaughter," implying that the slaughtering must be a Jew. Hence, a gentile is inherently disqualified; his thoughts are of no consequence. See theSiftei Cohen 2:2 and the Turei Zahav 2:1 who discuss this issue.
26.
E.g., a resident alien who accepts the Seven Universal Laws Commanded to Noah and his descendants (see Hilchot Issurei Bi'ah14:7).
27.
According to the Rambam, if he does not serve false deities and knows the laws of ritual slaughter, his slaughter is acceptable according to Scriptural Law.
One might ask: If so, why is an animal slaughtered by a child a nevelah? A child is not liable for the service of false deities. TheLechem Mishneh answers that ultimately, the child will grow up and worship false deities.
28.
See the Siftei Cohen 2:27 maintains that if the Jew slit the majority of the gullet and windpipe, the slaughter is acceptable even if the gentile completed it.
29.
Thus if a gentile slit the majority of the windpipe or any portion of the gullet, the slaughter is disqualified [Shulchan Aruch(Yoreh De'ah 2:10)].
30.
See Hilchot Pesulei HaMukdashim 1:18 for another application of this principle.
31.
For, as stated in Chapter 1, Halachah 11, even if the windpipe is half slit because of other factors, it can be slaughtered acceptably.
32.
As the Rambam states in Hilchot Teshuvah3:9, there is a concept of an apostate with regard to one transgression, i.e., "a person who has made a fixed practice of willfully violating a certain transgression [to the extent that] he is accustomed to transgressing and his deeds are public knowledge... provided he does so with the intent of angering God."
33.
Although he repeatedly violates that particular transgression, we do not assume that he will not slaughter correctly.
In his Kessef Mishneh, Rav Yosef Caro cites Chullin 4a which states that as long as if given a choice whether to eat kosher meat or non-kosher meat, the person would choose the kosher meat - even if he would partake of the non-kosher meat if kosher meat was not available - it is permitted to partake of an animal he slaughtered. TheKessef Mishneh continues, explaining that as long as one does not transgress with the intent of angering God, one may partake of an animal he slaughtered. In his Shulchan Aruch (Yoreh De'ah 2:5), he rules that an apostate who transgresses with the intent of angering God resembles a gentile and his slaughter is inherently unacceptable.
Kin'at Eliyahu notes that there is some difficulty with the Kessef Mishneh'sinterpretation, because Hilchot Teshuvahspecifically states that a person is deemed an apostate only when his transgression is performed with the intent of angering God.
34.
Although we do not assume that he will definitely transgress, it is logical to presume that he will not be careful in his observance.
Although it also cites the Rambam's view, the Shulchan Aruch (Yoreh De'ah 2:6) mentions the opinion of the Tur and others who rule that if the person is not an apostate with regard to partaking of non-kosher meat, it is not even necessary to check his knife. He may slaughter in private. If, however, he is an apostate with regard to partaking of non-kosher meat, his knife must be checked. Moreover, if he shows no concern for kashrut at all, his slaughter is not acceptable [Rama (Yoreh De'ah 2:50].
35.
See the conclusion of Hilchot Shabbat.
36.
Hilchot Teshuvah 3:8.
37.
See Hilchot Edut 10:1-3.
38.
In this instance, the Rambam does not even require him to have another person observe him. Since his disregard for Jewish observance is not as severe as that of an apostate, he is allowed to slaughter on his own.
39.
I.e., he would not slaughter the animal in an invalid way when it would be just as easy for him to slaughter it in an acceptable way.
40.
Tzadok and Beotus were two of the greatest students of Antigonus of Socho. As the Rambam states in his Commentary to the Mishnah (Avot 1:3), after they heard Antigonus teach: "Do not be as servants who serve their master for the sake of receiving a reward," they forsook Jewish practice, saying: "Is it just that we labor without receiving a reward?"
They began splinter sects with the intent of swaying the people after them. At first, they sought to abandon Jewish practice entirely. They saw, however, the people would not accept this and so they focused their complaints on the Oral Law, arguing that although the Written Law was of Divine origin, the Oral Law was not. Their intent, however, was to deny the entire Torah.
41.
The Rambam appears to be saying that there is no inherent difficulty with these individuals slaughtering an animal. The only question is whether or not they slaughtered correctly. Hence, when it is possible to verify that the slaughter was performed correctly, the animal is permitted. They are not placed in the same category as apostates. Kin'at Eliyahu adds that, based on the previous halachah, these Tzadukimmust also be Sabbath observant.
42.
There is a difference of opinion concerning this point among the Sages (Chullin 17a). The Rambam follows Rabbi Akiva's perspective.
43.
The obligation to offer as a sacrifice an animal which one desires to ritually slaughter.
44.
See Chapter 2, Halachah 1.
Shechitah - Chapter 5
Halacha 1
We have already explained in Hilchot Ma'achalot Assurot1that the term trefeemployed by the Torah refers to an animal that is on the verge of death. The term trefe - which literally means "torn apart" - was employed only because the Torah speaks with regard to prevalent situations, e.g., a lion or the like attacked it and wounded it, but it had not died yet.
Halacha 2
There are other maladies which if they affect an animal will cause it to be considered trefe. They were transmitted as a halachah to Moses at Sinai. [In particular,] eight [conditions that cause an animal to be considered as] trefewere transmitted to Moses at Sinai.2 They are derusah, nekuvah, chaseirah, netulah, pesukah, keru'ah, nefulah, and sheburah.3
Halacha 3
Although they were all transmitted as halachot to Moses at Sinai,4since onlyderusah is explicitly mentioned in the Torah,5 [our Sages] ruled more stringently with regard to it. Any questionable situation that arises with regard to derisah [causes the animal] to be forbidden. There are, by contrast, questionable situations that may arise with regard to the seven other conditions [that render an animal] trefe in which [the animal] is permitted as will be explained.6
Halacha 4
Derusah refers to a situation where a lion or the like will attack an animal and assault it with its paw or a hawk, an eagle, or the like will assault a fowl.7 [The laws of] derisah apply with regard to a large domesticated animal8 or a large wild beast only when it is attacked by a lion.9 [The laws of derisah apply with regard to] a small domesticated animal10 or a small wild beast only when it is attacked by a wolf or a larger animal. [The laws of] derisah apply with regard to kids and lambs even when attacked by cats, foxes, martens,11 and the like. Needless to say, this applies with regard to fowl.12
Halacha 5
Halacha 6
[The laws of] derisah apply [when] a weasel attacks a fowl. [The laws of]derisah do not apply at all when a dog attacks, not when it attacks a fowl, an animal, or a beast. [The laws of] derisah apply [when] an hawk attacks kids or lambs should its claws penetrate to [the animal's] inner cavity.15
Halacha 7
[The laws of] derisah apply only [when] the attacking animal [strikes its victim] with its forelegs. If it strikes it with its hindlegs,16 we show no concern.17[Similarly, the laws of] derisah apply only [when the attacking animal strikes its victim] with its claw. If it bites it, we show no concern unless it penetrates to its internal cavity.18 We then check if it perforated one of the organs [that cause an animal to be considered trefe if] even the tiniest perforation was made.
[The laws of] derisah apply only [when] the attacking animal has that intent. If, however, the beast of prey fell and its claws became lodged in the other animal, [the laws of] derisah do not apply.19 [Similarly, the laws of] derisahapply only [when the attacking animal] is alive. If, however, it attacked and was killed, but its claws remained lodged in the victim and were not removed until after [the attacker's] death, we are not concerned.20
Halacha 8
What are the laws applying to an animal that was attacked? Whenever we stated that "we show concern," the attacked animal should be slaughtered and its entire internal cavity - from its feet to its forehead - must be checked. If it is found to be flawless with regard to all the factors [that render an animal]trefe and there is no sign that it was attacked,21 it is permitted.22 If there is a sign that it was attacked, it is trefe and forbidden by Scriptural Law.
Halacha 9
Halacha 10
Halacha 11
When there is a question whether [an animal] has been attacked or not, we do not permit it unless it is checked as one would [an animal] that had definitely been attacked.27
What is implied? When a lion enters among oxen and a claw was found in the back of one of them,28 we suspect that the lion attacked it. We do not rationalize and say: "Maybe it scratched itself on a wall."29
Similarly, if a fox or a marten enter among fowls, [the predator] is silent and they crowing, we fear that he attacked.30 If, however, the predator is roaring and they are crowing, [we assume that] they are crowing out of fear of him and his roaring. Similarly, if he cuts off the head of one of them,31 we assume his fury has subsided. Similarly, if both [the predator] and [the fowl] are silent, we do not suspect [anything]. For if he had harmed them, they would crow.32
Halacha 12
When there is a question of whether or not a predator entered [a place where animals are kept] or we saw [an animal] enter [such a place], but were unable to see if it is one of the predators or not, we do not harbor suspicions.33
Similarly, if a fowl entered a woods or reeds and came out with its head or neck dripping blood, we do not suspect that it was attacked. Instead, we say: "Perhaps it was wounded among the trees."34
FOOTNOTES
1.
Hilchot Ma'achalot Assurot 4:8-9.
2.
All the 70 conditions the Rambam mentions in Chapter 10 are included in these eight general categories.
3.
These terms are defined in this and the following chapters.
4.
And thus all are judged with the severity appropriate for questions of Scriptural Law.
5.
Exodus 22:30 speaks of "meat torn apart in the field."
6.
The Beit Yosef (Yoreh De'ah 29) questions the Rambam's statements, for since these other conditions are considered questions of Scriptural Law, whenever a doubt arises, we rule stringently. The Turei Zahav 29:1 explains that the severity involving derisahconcerns a sefek seifkah, a condition of multiple doubt. See also the gloss of theMaggid Mishneh which offers several resolutions to this question.
7.
As will be explained in the following halachot, the laws of derisah do not concern only the wounds to the victim's organs that the attacking animal causes. Instead, the concern is that even a superficial wound can cause the victim to die, because there is poison in the attacker's claws that will affect the victim. (Exactly, what that means in contemporary terms is difficult to understand. Some have suggested that the attacker's claws are infected with bacteria which could be considered comparable to poison. That explanation, however, cannot be easily resolved with some of the points in the subsequent halachot.)
The intent of this and the following halachah is that "the poison" of certain animals or fowl is effective in harming some and not in harming others.
8.
An ox.
9.
If, however, it is attacked by smaller animals of prey, even a tiger, we assume that its strength will enable it to defend itself (Kessef Mishneh). The Rama (Yoreh De'ah 57:1) follows a more stringent opinion which rules that the laws of derisah apply when any predator larger than a wolf attacks a large animal.
10.
A sheep or a goat.
11.
We have quoted the definition of this term given by Rashi. In his Commentary to the Mishnah (Bava Batra 2:5), the Rambam defines the term in Arabic as alnamas, a small predator.
12.
See Shulchan Aruch (Yoreh De'ah 57:5) which discusses the question whether leniency can be granted when a cat enters a chicken coop.
13.
For it can harm fowl larger than itself.
The Shulchan Aruch (Yoreh De'ah 57:3) qualifies this matter, saying that these laws do not apply when a hawk attacks a chicken. The Tur and the Rama, however, state that this applies only to large chickens, but not to smaller ones.
14.
Here also, the Tur and the Rama (loc. cit.) add a further point, stating that the laws ofderisah apply with regard to a falcon regardless of the size of the bird it attacks.
15.
Compare to the following halachah. TheKessef Mishneh explains that in this halachah, the Rambam is not concerned with the question of whether the attacker perforated one of the organs whose perforation disqualifies an animal. For if so, it would not have been necessary for the Rambam to mention derisah. If such an organ was perforated, even a large animal is disqualified. Instead, the intent is whether the "poison" of the attacker is sufficient to kill the victim.
16.
This refers to a beast. The laws of derisahapply, by contrast, when a fowl attacks with its feet (Turei Zahav 57:10; Siftei Cohen57:19).
17.
Needless to say, if it delivers a mortal wound with its hindlegs, the victim is disqualified. Here, however, we are speaking about "poisoning" an animal through derisah and that applies only when it attacks with its foreleg and with its claws [Shulchan Aruch(Yoreh De'ah 57:6)].
18.
With regard to this and wounding with its legs, the Shulchan Aruch (loc. cit.) states, "they are no different than a thorn," i.e., there is no question of "poison."
19.
For then it will not release its poison.
20.
For it releases its "poison" only when it withdraws its claws and only when it is alive.
For this same reason, if ritual slaughter is performed on the animal that is being attacked before the attacking animal removes its claws, the slaughtered animal is permitted [Shulchan Aruch (Yoreh De'ah57:8)].
21.
As explained in the following halachah.
22.
The Shulchan Aruch (Yoreh De'ah 57:18) mentions a difference of opinion among the Rabbis if such an examination can be relied upon in the present age. The Rama rules that we should be stringent, not rely on the examination, and hence, declare any animal that was attacked - or there is a question whether it was attacked - forbidden.
23.
In his Kessef Mishneh, Rav Yosef Caro explains that the fact that the flesh turns red indicates that the poison from the predator has penetrated the animal's flesh and will ultimately, cause the intestines to be perforated. The Kessef Mishneh questions, however, why the Rambam mentions only the intestines. Since - as mentioned in the previous halachah - it is necessary to inspect the entire body, seemingly (and indeed, the Tur rules accordingly), the same laws would apply if red marks were found on the flesh above any organ whose perforation can disqualify the animal. He explains that perhaps this is indeed the Rambam's intent and he mentions the intestines only because there are many disqualifying factors involved with them. Nevertheless, in his Shulchan Aruch (Yoreh De'ah 57:16), he quotes the Rambam's wording without emendation. TheSiftei Cohen 57:38) quotes the Tur's ruling.
24.
Here also we assume that the poison will ultimately cause the organ below the flesh to become perforated (Kessef Mishneh).
25.
Here too the rationale is that once the poison has begun to have an effect, it will ultimately penetrate through and perforate the entire organ. There is, however, a difference between the signs and the other organs. With regard to the other organs, as soon as the flesh above the organ is affected, the animal is considered trefe. With regard to the signs, they themselves must be affected. It is possible to explain that the signs are tougher and more resilient than the other organs. Hence, the fact that the flesh above them is affected is no proof that they will also be affected (Kessef Mishneh).
26.
This applies even when a small portion of the windpipe becomes red. Although a perforation in the windpipe does not disqualify it unless it is the size of the majority of its cavity (Chapter 3, Halachah 23), we assume that the poison of the predator will ultimately cause such a perforation (Siftei Cohen 57:40).
27.
As mentioned in Halachah 8. As stated in the notes to that halachah, there are authorities - and this is the custom cited by the Rama - it is customary in the present era not to rely on this examination and to regard any animal that was attacked - or even if there is a doubt whether it was attacked - as trefe.
28.
An animal does not release its poison until the claw is removed (Halachah 7), and is this instance, it is implanted in the animal. We, nevertheless, disqualify it, for in this instance, we say that the animal released its poison when it lost its claw (Turei Zahav57:21). Alternatively, we fear that it was also attacked with another claw and that claw was removed (Rambam LeAm).
29.
And the claw which had been implanted in the wall became stuck in it. The Shulchan Aruch (Yoreh De'ah 57:14) emphasizes that this ruling is followed even if the claw is dried out (and thus is unlikely to have come from an animal recently).
30.
And that is why they are clamoring.
31.
The Rama 57:9 states that this applies when we do not see that he attacked others. If, however, we see that he attacked others, we do not assume that his rage subsided.
32.
The Shulchan Aruch (Yoreh De'ah 57:11) states that this applies only when we see that he did not attack any animals. If, however, we saw an attack, the fact that he and the victims were silent is not significant.
33.
For there is a multiple doubt involved. Perhaps the predator entered and perhaps it did not. Even if it entered, perhaps it wounded the animal and perhaps it did not (see Chullin 53b).
34.
I.e., it scratched itself and caused itself a wound. We must, however, check to see that the gullet was not perforated (Radbaz). The Rama (Yoreh De'ah 57:13) states in the present age we do not rely on our inspection and therefore forbid any fowl that comes to us with a neck that is bleeding.
---------------------
Hayom Yom:
• English Text | Video Class• "Today's Day"
Shabbat, Adar I 18, 5776 · 27 February 2016
Tuesday 18 Adar I 5703
Torah lessons: Chumash: Ki Tissa, Shlishi with Rashi.
Tehillim: 88-89.
Tanya: It is indeed (p. 135)...later at length. (p. 135).
After drinking wine and eating one of the seven fruits (p. 96), the concluding b'racha ends: v'al pri hagafen v'al hapeirot, baruch...al pri hagafen v'hapeirot (not v'al hapeirot).---------------------• Daily Thought:
CHABAD - TODAY IN JUDAISM: Friday, February 26, 2016 - Today is: Friday, Adar I 17, 5776 · February 26, 2016 - Candle Lighting
• Publication of Code of Jewish Law (1565)
Rabbi Yosef Caro published the Shulchan Aruch, the Code of Jewish Law. This concise codification of all Jewish law which is germane today was an extension of his Beit Yosefcommentary (see entry for the 11th of Elul).
The Shulchan Aruch is divided in to four sections: Orach Chaim -- details the laws pertaining to daily life, lifecycle events, and holidays. Yoreh De'ah -- laws which a practicing rabbi must be proficient in, such as complex nuances of the kosher laws, laws of mikvah, and laws of slaughtering. Even Ha'ezer -- laws of marriage, divorce, reproduction, and the like. Choshen Mishpat -- monetary and judicial laws; required study for a member of a rabbinical court.
To this very day, the Shulchan Aruch serves as the primary halachic guide for Jewish life.
Daily Quote:
In learning Torah the Jew feels like a pupil with his master; in praying - like a child with his father[Hayom Yom, Tammuz 26]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Tisa, 6th Portion Exodus 34:10-34:26 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 34
10And He said: "Behold! I will form a covenant; in the presence of all your people, I will make distinctions such as have not been created upon all the earth and among all the nations, and all the people in whose midst you are shall see the work of the Lord how awe inspiring it is that which I will perform with you. יוַיֹּ֗אמֶר הִנֵּ֣ה אָנֹכִי֘ כֹּרֵ֣ת בְּרִית֒ נֶ֤גֶד כָּל־עַמְּךָ֙ אֶֽעֱשֶׂ֣ה נִפְלָאֹ֔ת אֲשֶׁ֛ר לֹֽא־נִבְרְא֥וּ בְכָל־הָאָ֖רֶץ וּבְכָל־הַגּוֹיִ֑ם וְרָאָ֣ה כָל־הָ֠עָ֠ם אֲשֶׁר־אַתָּ֨ה בְקִרְבּ֜וֹ אֶת־מַֽעֲשֵׂ֤ה יְהֹוָה֙ כִּֽי־נוֹרָ֣א ה֔וּא אֲשֶׁ֥ר אֲנִ֖י עֹשֶׂ֥ה עִמָּֽךְ:
[I will] form a covenant: Concerning this. כורת ברית: על זאת:
in the presence of all your people, I will make distinctions: Heb. נִפְלָאֹתאֶעֱשִֶׂה, an expression related to וְנִפְלִינוּ, “and [we] shall be distinguished” (Exod. 33:16), [meaning] that you shall be separated from all the pagan nations, that My Shechinah shall not rest upon them [these other nations]. אעשה נפלאות: לשון ונפלינו שתהיו מובדלים בזו מכל האומות, שלא תשרה שכינתי עליהם:
11Keep carefully what I am commanding you today: Lo! I will drive out from before you the Amorites and the Canaanites, the Hittites and the Perizzites, the Hivvites and the Jebusites. יאשׁמָ֨ר־לְךָ֔ אֵ֛ת אֲשֶׁ֥ר אָֽנֹכִ֖י מְצַוְּךָ֣ הַיּ֑וֹם הִֽנְנִ֧י גֹרֵ֣שׁ מִפָּנֶ֗יךָ אֶת־הָֽאֱמֹרִי֙ וְהַכְּנַֽעֲנִ֔י וְהַֽחִתִּי֙ וְהַפְּרִזִּ֔י וְהַֽחִוִּ֖י וְהַיְבוּסִֽי:
the Amorites…: Six nations are [enumerated] here [not the proverbial seven], because the Girgashites [i.e., the seventh nation] got up and emigrated because of them [the Israelites]. -[from Lev. Rabbah 17:6, Yerushalmi Shevi ith 6:1.] את האמרי וגו': שש אומות יש כאן, כי הגרגשי עמד ופנה מפניהם:
12Beware lest you form a covenant with the inhabitant[s] of the land into which you are coming, lest it become a snare in your midst. יבהִשָּׁ֣מֶר לְךָ֗ פֶּן־תִּכְרֹ֤ת בְּרִית֙ לְיוֹשֵׁ֣ב הָאָ֔רֶץ אֲשֶׁ֥ר אַתָּ֖ה בָּ֣א עָלֶ֑יהָ פֶּן־יִֽהְיֶ֥ה לְמוֹקֵ֖שׁ בְּקִרְבֶּֽךָ:
13But you shall demolish their altars, shatter their monuments, and cut down their sacred trees. יגכִּ֤י אֶת־מִזְבְּחֹתָם֙ תִּתֹּצ֔וּן וְאֶת־מַצֵּֽבֹתָ֖ם תְּשַׁבֵּר֑וּן וְאֶת־אֲשֵׁרָ֖יו תִּכְרֹתֽוּן:
their sacred trees: This is a tree they worship. אשריו: הוא אילן שעובדים אותו:
14For you shall not prostrate yourself before another god, because the Lord, Whose Name is "Jealous One," is a jealous God. ידכִּ֛י לֹ֥א תִשְׁתַּֽחֲוֶ֖ה לְאֵ֣ל אַחֵ֑ר כִּ֤י יְהֹוָה֙ קַנָּ֣א שְׁמ֔וֹ אֵ֥ל קַנָּ֖א הֽוּא:
Whose Name is “Jealous One”: He is zealous to mete out retribution, and He is not indulgent. That is [the meaning of] every expression of jealousy (קִנְאָה) [when used in connection with God]. [It] means that He is steadfast in His superiority [over other deities] and exacts retribution upon those who forsake Him. קנא שמו: מקנא להפרע ואינו מוותר, וזהו כל לשון קנאה, אוחז נצחונו ופורע מעוזביו:
15Lest you form a covenant with the inhabitant[s] of the land, and they [the gentiles] go astray after their gods, and they offer sacrifices to their gods, and they invite you, and you eat of their slaughtering, טופֶּן־תִּכְרֹ֥ת בְּרִ֖ית לְיוֹשֵׁ֣ב הָאָ֑רֶץ וְזָנ֣וּ | אַֽחֲרֵ֣י אֱלֹֽהֵיהֶ֗ם וְזָבְחוּ֙ לֵאלֹ֣הֵיהֶ֔ם וְקָרָ֣א לְךָ֔ וְאָֽכַלְתָּ֖ מִזִּבְחֽוֹ:
and you eat of their slaughtering: You [may] think that there is no punishment for eating it, but [when you eat it] I consider it for you as if you endorsed its worship, for through this [eating of the sacrifice] you will come to take from their daughters for your sons. ואכלת מזבחו: כסבור אתה שאין עונש באכילתו, ואני מעלה עליך כמודה בעבודתם, שמתוך כך אתה בא ולוקח מבנותיו לבניך:
16and you take of their daughters for your sons; then their daughters will go astray after their gods and lead your sons astray after their gods. טזוְלָֽקַחְתָּ֥ מִבְּנֹתָ֖יו לְבָנֶ֑יךָ וְזָנ֣וּ בְנֹתָ֗יו אַֽחֲרֵי֙ אֱלֹ֣הֵיהֶ֔ן וְהִזְנוּ֙ אֶת־בָּנֶ֔יךָ אַֽחֲרֵ֖י אֱלֹֽהֵיהֶֽן:
17You shall not make molten gods for yourself. יזאֱלֹהֵ֥י מַסֵּכָ֖ה לֹ֥א תַֽעֲשֶׂה־לָּֽךְ:
18The Festival of Unleavened Cakes you shall keep; seven days you shall eat unleavened cakes which I have commanded you, at the appointed meeting time of the month of spring, for in the month of spring you went out of Egypt. יחאֶת־חַ֣ג הַמַּצּוֹת֘ תִּשְׁמֹר֒ שִׁבְעַ֨ת יָמִ֜ים תֹּאכַ֤ל מַצּוֹת֙ אֲשֶׁ֣ר צִוִּיתִ֔ךָ לְמוֹעֵ֖ד חֹ֣דֶשׁ הָֽאָבִ֑יב כִּ֚י בְּחֹ֣דֶשׁ הָֽאָבִ֔יב יָצָ֖אתָ מִמִּצְרָֽיִם:
the month of spring: The month of early ripening, when the grain first ripens. חדש האביב: חדש הביכור, שהתבואה מבכרת בבישולה:
19All that opens the womb is Mine, and all your livestock [that] bears a male, [by] the emergence of ox or lamb. יטכָּל־פֶּ֥טֶר רֶ֖חֶם לִ֑י וְכָל־מִקְנְךָ֙ תִּזָּכָ֔ר פֶּ֖טֶר שׁ֥וֹר וָשֶֽׂה:
All that opens the womb is Mine: Among humans. כל פטר רחם לי: באדם:
and all your livestock [that] bears a male…: Heb. ךְתִּזָּכָר. And all your livestock that bears a [firstborn] male by the emergence of an ox or lamb [from the womb], meaning that a male will open its womb [i.e., its firstborn is a male]. וכל מקנך תזכר וגו': וכל מקנך אשר תזכר בפטר שור ושה, אשר יפטור זכר את רחמה:
emergence: Heb. פֶּטֶר, a word that means opening. Similarly, “The beginning of strife is like letting out (פּוֹטֵר) water” (Prov. 17:14). The “tav” of ךְתִּזָּכָר is an expression of the feminine, referring to the [animal] that gives birth. פטר: לשון פתיחה, וכן (משלי יז יד) פוטר מים ראשית מדון. תי"ו של תזכר לשון נקבה היא, מוסב על היולדת:
20And a firstborn donkey you shall redeem with a lamb; if you do not redeem it, you shall decapitate it; every firstborn of your sons you shall redeem, and they shall not appear before Me empty handed. כוּפֶ֤טֶר חֲמוֹר֙ תִּפְדֶּ֣ה בְשֶׂ֔ה וְאִם־לֹ֥א תִפְדֶּ֖ה וַֽעֲרַפְתּ֑וֹ כֹּ֣ל בְּכ֤וֹר בָּנֶ֨יךָ֙ תִּפְדֶּ֔ה וְלֹא־יֵֽרָא֥וּ פָנַ֖י רֵיקָֽם:
And a firstborn donkey: But not [the firstborn of] other unclean animals. -[from Bech. 5b] ופטר חמור: ולא שאר בהמה טמאה:
you shall redeem with a lamb: [The owner] gives a lamb to the kohen, and it [becomes] the ordinary [unconsecrated] property of the kohen, and the firstborn donkey may be put to work by its owner. -[from Bech. 9b] תפדה בשה: נותן שה לכהן, והוא חולין ביד כהן, ופטר חמור מותר בעבודה לבעלים:
you shall decapitate it: He decapitates it with a cleaver. [The rationale is:] He caused the kohen to lose his money [by neglecting to give him the redemption lamb]. Therefore, he must lose his own money [by decapitating his donkey]. -[from Bech. 10b, Mechilta on Exod. 13:13] וערפתו: עורפו בקופיץ, הוא הפסיד ממון כהן, לפיכך יופסד ממונו:
every firstborn of your sons you shall redeem: His redemption is established as five selas, as it is said: “And his redemption you shall perform from the age of one month [by the evaluation of five shekels, etc.]” (Num. 18:16). כל בכור בניך תפדה: חמישה סלעים פדיונו קצוב, שנאמר (במדבר יח טז) ופדויו מבן חדש תפדה:
and they shall not appear before Me empty-handed: According to the simple meaning of the verse, this is a separate matter [from the rest of this verse] and is unrelated to the firstborn, because there is no obligation to appear [in the Temple] in the commandment dealing with the firstborn. Instead this is another warning, [meaning] and when you ascend [to the Temple] on the festivals, you shall not appear before Me empty-handed, [but] it is incumbent upon you to bring burnt offerings (Chag. 7a) whenever appearing before God. According to the way it is interpreted by a Baraitha, this is a superfluous verse [for this was already stated in Exod. 23:15], and it is free [i.e., has no additional reason for being here other than] to be used for a גְּזֵרָה שָׁוָה, [i.e.,] an instance of similar wording, to teach [us] about the provisions given a Hebrew slave [when he is freed]-that it is five selas from each kind [i.e., of sheep, grain, and wine], as much as the redemption of a firstborn. [This is elaborated upon] in tractate Kiddushin (17a). ולא יראו פני ריקם: לפי פשוטו של מקרא דבר בפני עצמו הוא, ואינו מוסב על הבכור, שאין במצות בכור ראיית בפנים, אלא אזהרה אחרת היא וכשתעלו לרגל לראות לא יראו פני ריקם, מצוה עליכם להביא עולת ראיית פנים, ולפי מדרש ברייתא מקרא יתר הוא, ומופנה לגזרה שוה, ללמד על הענקתו של עבד עברי שהיא חמשה סלעים מכל מין ומין, כפידיון בכור, במסכת קדושין (דף יז א):
21Six days you may work, and on the seventh day you shall rest; in plowing and in harvest you shall rest. כאשֵׁ֤שֶׁת יָמִים֙ תַּֽעֲבֹ֔ד וּבַיּ֥וֹם הַשְּׁבִיעִ֖י תִּשְׁבֹּ֑ת בֶּֽחָרִ֥ישׁ וּבַקָּצִ֖יר תִּשְׁבֹּֽת:
in plowing and in harvest you shall rest: [If this refers to the Sabbath,] why are plowing and harvest mentioned [in particular, and not other kinds of work]? Some of our Rabbis say that this [verse prohibits] plowing before the seventh year [i.e., the sixth year] which enters the seventh year [i.e., plowing that benefits crops that grow in the seventh year], and the harvest of the seventh year that grows after the seventh year [i.e., crops that have at least one third of their growth during the seventh year must be treated with the sanctity of the seventh year]. This is to teach you that we must add from the unholy [the year preceding the seventh year] to the holy [the seventh year]. Accordingly, this is its meaning: “Six days you may work, and on the seventh day you shall rest” -and [concerning] the work of the six days, which I have permitted you, there is a year in which plowing and harvest are prohibited. The plowing and harvest of the seventh year need not be stated, because it already says: “Your field you shall not sow…” (Lev. 25:4). [Consequently, we deduce that this verse means the plowing before the seventh year and the harvest after the seventh year.] Others [of the Rabbis] say that [the verse] speaks only about the [weekly] Sabbath, and the plowing and harvest mentioned in its context are to inform you that just as [the prohibited] plowing is optional [plowing], so is harvest [referred to here] optional [harvesting]. The harvest of the omer [however] is excluded [from this prohibition] because it is mandatory, and [consequently] it supersedes the Sabbath. -[from R.H. 9a] בחריש ובקציר תשבות: למה נזכר חריש וקציר, יש מרבותינו אומרים על חריש של ערב שביעית הנכנס לשביעית, וקציר של שביעית היוצא למוצאי שביעית, ללמדך שמוסיפין מחול על הקדש. וכך משמעו, ששת ימים תעבוד וביום השביעי תשבות ועבודת ששת הימים שהתרתי לך יש שנה שהחריש והקציר אסור, ואין צריך לומר חריש וקציר של שביעית, שהרי כבר נאמר (ויקרא כה ד) שדך לא תזרע וגו' ויש מהם אומרים, שאינו מדבר אלא בשבת, וחריש וקציר שהוזכר בו, לומר לך מה חריש רשות אף קציר רשות, יצא קציר העומר, שהוא מצוה ודוחה את השבת:
22And you shall make for yourself a Festival of Weeks, the first of the wheat harvest, and the festival of the ingathering, at the turn of the year. כבוְחַ֤ג שָֽׁבֻעֹת֙ תַּֽעֲשֶׂ֣ה לְךָ֔ בִּכּוּרֵ֖י קְצִ֣יר חִטִּ֑ים וְחַג֙ הָ֣אָסִ֔יף תְּקוּפַ֖ת הַשָּׁנָֽה:
the first of the wheat harvest: [This is the festival] on which you bring the two breads made from the wheat [as in Lev. 23:17]. בכורי קציר חטים: שאתה מביא בו שתי הלחם מן החטים:
the first: For it is the first meal offering brought to Temple from the new wheat crop, because the meal offering of the omer on Passover is brought from the barley. -[from Men. 84a] בכורי: שהיא מנחה ראשונה הבאה מן החדש של חטים למקדש, כי מנחת העומר הבאה בפסח מן השעורים היא:
and the festival of the ingathering: Heb. וְחַג הָאָָסִיף, [which occurs] at the time you gather your grain from the field into the house. This gathering (אִסִיפָה) is a term denoting bringing into the house, like “you shall take it (וַאִסַפְךְתּוֹ) into your house” (Deut. 22:2). וחג האסיף: בזמן שאתה אוסף תבואתך מן השדה לבית. אסיפה זו לשון הכנסה לבית, כמו (דברים כב ב) ואספתו אל תוך ביתך:
at the turn of the year: which is at the return of the year, at the beginning of the coming year. [I.e., it is in the month of Tishri, which is the first month of the year, counting from Creation.] תקופת השנה: שהיא בחזרת השנה, בתחלת השנה הבאה:
at the turn of: Heb. ךְתְּקוּפַת, a term denoting going around and encompassing (הַקָּפָה) [i.e., going in a circle]. תקופת: לשון מסיבה והקפה:
23Three times during the year shall all your male[s] appear directly before the Master, the Lord, the God of Israel. כגשָׁל֥שׁ פְּעָמִ֖ים בַּשָּׁנָ֑ה יֵֽרָאֶה֙ כָּל־זְכ֣וּרְךָ֔ אֶת־פְּנֵ֛י הָֽאָדֹ֥ן | יְהֹוָ֖ה אֱלֹהֵ֥י יִשְׂרָאֵֽל:
all your male[s]: Heb. כָּל זְכוּרְ, all the males among you. [This is repeated elsewhere as are] many commandments in the Torah, [which] are stated and repeated, many of them three or four times, in order to cause liability and mete out punishment according to the number of the negative commandments they contain and the number of positive commandments they contain. כל זכורך: כל הזכרים שבך. הרבה מצות בתורה נאמרו ונכפלו, ויש מהם שלש פעמים וארבע, לחייב ולענוש על מנין לאוין שבהם ועל מנין עשה שבהם:
24When I drive out nations from before you and I widen your border, no one will covet your land when you go up, to appear before the Lord, your God, three times each year. כדכִּֽי־אוֹרִ֤ישׁ גּוֹיִם֙ מִפָּנֶ֔יךָ וְהִרְחַבְתִּ֖י אֶת־גְּבֻלֶ֑ךָ וְלֹֽא־יַחְמֹ֥ד אִישׁ֙ אֶת־אַרְצְךָ֔ בַּֽעֲלֹֽתְךָ֗ לֵֽרָאוֹת֙ אֶת־פְּנֵי֙ יְהֹוָ֣ה אֱלֹהֶ֔יךָ שָׁל֥שׁ פְּעָמִ֖ים בַּשָּׁנָֽה:
I drive out: Heb. אוֹרִישׁ as the Targum renders: אִתָרֵ, I will drive out, and so is “begin to drive out (רָשׁ) ” (Deut. 2:31), and so is “and he drove out (וַיוֹרֶשׁ) the Amorites” (Num. 21:32), an expression of driving out. אוריש: כתרגומו אתרך, וכן (דברים ב לא) החל רש, וכן (במדבר כא לב) ויורש את האמורי, לשון גרושין:
and I widen your border: And [this way] you will be far from the Temple, and [so] you cannot constantly appear before Me. Therefore, I am setting these three pilgrimage festivals for you. והרחבתי את גבלך: ואתה רחוק מבית הבחירה ואינך יכול לראות לפני תמיד, לכך אני קובע לך שלש רגלים הללו:
25You shall not slaughter [or sprinkle] the blood of My sacrifice with leaven, and the offering of the Passover feast shall not remain overnight until the morning. כהלֹֽא־תִשְׁחַ֥ט עַל־חָמֵ֖ץ דַּם־זִבְחִ֑י וְלֹֽא־יָלִ֣ין לַבֹּ֔קֶר זֶ֖בַח חַ֥ג הַפָּֽסַח:
You shall not slaughter…: You shall not slaughter the Passover sacrifice as long as leaven still exists. This is a [specific] warning to the slaughterer, to the one who sprinkles the blood, or to one of the members of the group [bringing this sacrifice]. -[from Pes. 63b] לא תשחט וגו': לא תשחט את הפסח ועדיין חמץ קיים, אזהרה לשוחט או לזורק או לאחד מבני החבורה:
shall not remain overnight until the morning: As the Targum [Onkelos] paraphrases: [it shall not remain overnight until the morning away from the altar]. Remaining overnight on top of the altar has no effect [i.e., does not disqualify the sacrifice] (Mechilta, Exodus 23:18), and [the prohibition of] staying overnight is only completed at the break of dawn (Zev. 87a). ולא ילין: כתרגומו. אין לינה מועלת בראש המזבח, ואין לינה אלא בעמוד השחר:
and the offering of the Passover feast: [This refers to] its sacrificial parts. From here you learn [to apply this rule to all instances of] burning the fats or the limbs [of sacrifices, namely that it may not be performed after the break of dawn if the sacrificial parts stayed off the altar all night until the break of dawn]. זבח חג הפסח: אימוריו, ומכאן אתה למד לכל הקטר חלבים ואברים:
26The choicest of the first of your soil you shall bring to the house of the Lord, your God. You shall not cook a kid in its mother's milk." כורֵאשִׁ֗ית בִּכּוּרֵי֙ אַדְמָ֣תְךָ֔ תָּבִ֕יא בֵּ֖ית יְהֹוָ֣ה אֱלֹהֶ֑יךָ לֹֽא־תְבַשֵּׁ֥ל גְּדִ֖י בַּֽחֲלֵ֥ב אִמּֽוֹ:
The choicest of the first of your soil: [This refers to the fruits] of the seven species delineated as the praise of your land, “A land of wheat and barley, vines, [figs, and pomegranates, a land of oil-producing olives,] and honey” (Deut. 8:8). That is the honey of dates. -[from Bikkurim 3:1] ראשית בכורי אדמתך: משבעת המינין האמורים בשבח ארצך (דברים ח ח) ארץ חטה ושעורה וגפן ותאנה ורמון, ארץ זית שמן ודבש, הוא דבש תמרים:
You shall not cook a kid: This is the warning against [cooking] meat and milk [together]. This commandment is written in the Torah three times (Exod. 23:19, Deut. 14:21), one for eating, one for deriving benefit, and one for the prohibition of cooking. -[from Chul. 115b] לא תבשל גדי: אזהרה לבשר בחלב, ושלוש פעמים כתוב בתורה אחד לאכילה, ואחד להנאה, ואחד לאיסור בישול:
a kid: Heb. גְּדִי. Any young offspring is meant, even a calf or a lamb. Since [the Torah] had to specify in many places גְּדִי עִזִּים [when a young goat is meant], you learn that [mention of] גְּדִי unqualified means all sucklings. -[from Chul. 113b] גדי: כל ולד רך במשמע ואף עגל וכבש. ממה שהוצרך לפרש בכמה מקומות (בראשית לח יז) גדי עזים, למדת שגדי סתם כל יונקים במשמע:
in its mother’s milk: This excludes fowl, which has no milk, which is not prohibited by the Torah but by the decree of the Scribes [the Sages]. -[from Chul. 113a] בחלב אמו: פרט לעוף שאין לו חלב אם, שאין איסורו מן התורה אלא מדברי סופרים:
Hayom Yom:
• English Text | Video Class• "Today's Day"
Shabbat, Adar I 18, 5776 · 27 February 2016
Tuesday 18 Adar I 5703
Torah lessons: Chumash: Ki Tissa, Shlishi with Rashi.
Tehillim: 88-89.
Tanya: It is indeed (p. 135)...later at length. (p. 135).
After drinking wine and eating one of the seven fruits (p. 96), the concluding b'racha ends: v'al pri hagafen v'al hapeirot, baruch...al pri hagafen v'hapeirot (not v'al hapeirot).---------------------• Daily Thought:
Catalyst
The size of the deed is not what matters. It is only a catalyst. One small deed could be enough to ignite a process to change the entire world. One small opening is all that’s needed, and the rest will heal itself.
Whatever you do, do it with the conviction that this is the one last fine adjustment, the tipping point for the entire world.
----------------------CHABAD - TODAY IN JUDAISM: Friday, February 26, 2016 - Today is: Friday, Adar I 17, 5776 · February 26, 2016 - Candle Lighting
Light Candles before sunset
Today in Jewish History:• Publication of Code of Jewish Law (1565)
Rabbi Yosef Caro published the Shulchan Aruch, the Code of Jewish Law. This concise codification of all Jewish law which is germane today was an extension of his Beit Yosefcommentary (see entry for the 11th of Elul).
The Shulchan Aruch is divided in to four sections: Orach Chaim -- details the laws pertaining to daily life, lifecycle events, and holidays. Yoreh De'ah -- laws which a practicing rabbi must be proficient in, such as complex nuances of the kosher laws, laws of mikvah, and laws of slaughtering. Even Ha'ezer -- laws of marriage, divorce, reproduction, and the like. Choshen Mishpat -- monetary and judicial laws; required study for a member of a rabbinical court.
To this very day, the Shulchan Aruch serves as the primary halachic guide for Jewish life.
Daily Quote:
In learning Torah the Jew feels like a pupil with his master; in praying - like a child with his father[Hayom Yom, Tammuz 26]
Daily Study:
Chitas and Rambam for today:
Chumash: Ki Tisa, 6th Portion Exodus 34:10-34:26 with Rashi
• English / Hebrew Linear Translation | Video Class• Exodus Chapter 34
10And He said: "Behold! I will form a covenant; in the presence of all your people, I will make distinctions such as have not been created upon all the earth and among all the nations, and all the people in whose midst you are shall see the work of the Lord how awe inspiring it is that which I will perform with you. יוַיֹּ֗אמֶר הִנֵּ֣ה אָנֹכִי֘ כֹּרֵ֣ת בְּרִית֒ נֶ֤גֶד כָּל־עַמְּךָ֙ אֶֽעֱשֶׂ֣ה נִפְלָאֹ֔ת אֲשֶׁ֛ר לֹֽא־נִבְרְא֥וּ בְכָל־הָאָ֖רֶץ וּבְכָל־הַגּוֹיִ֑ם וְרָאָ֣ה כָל־הָ֠עָ֠ם אֲשֶׁר־אַתָּ֨ה בְקִרְבּ֜וֹ אֶת־מַֽעֲשֵׂ֤ה יְהֹוָה֙ כִּֽי־נוֹרָ֣א ה֔וּא אֲשֶׁ֥ר אֲנִ֖י עֹשֶׂ֥ה עִמָּֽךְ:
[I will] form a covenant: Concerning this. כורת ברית: על זאת:
in the presence of all your people, I will make distinctions: Heb. נִפְלָאֹתאֶעֱשִֶׂה, an expression related to וְנִפְלִינוּ, “and [we] shall be distinguished” (Exod. 33:16), [meaning] that you shall be separated from all the pagan nations, that My Shechinah shall not rest upon them [these other nations]. אעשה נפלאות: לשון ונפלינו שתהיו מובדלים בזו מכל האומות, שלא תשרה שכינתי עליהם:
11Keep carefully what I am commanding you today: Lo! I will drive out from before you the Amorites and the Canaanites, the Hittites and the Perizzites, the Hivvites and the Jebusites. יאשׁמָ֨ר־לְךָ֔ אֵ֛ת אֲשֶׁ֥ר אָֽנֹכִ֖י מְצַוְּךָ֣ הַיּ֑וֹם הִֽנְנִ֧י גֹרֵ֣שׁ מִפָּנֶ֗יךָ אֶת־הָֽאֱמֹרִי֙ וְהַכְּנַֽעֲנִ֔י וְהַֽחִתִּי֙ וְהַפְּרִזִּ֔י וְהַֽחִוִּ֖י וְהַיְבוּסִֽי:
the Amorites…: Six nations are [enumerated] here [not the proverbial seven], because the Girgashites [i.e., the seventh nation] got up and emigrated because of them [the Israelites]. -[from Lev. Rabbah 17:6, Yerushalmi Shevi ith 6:1.] את האמרי וגו': שש אומות יש כאן, כי הגרגשי עמד ופנה מפניהם:
12Beware lest you form a covenant with the inhabitant[s] of the land into which you are coming, lest it become a snare in your midst. יבהִשָּׁ֣מֶר לְךָ֗ פֶּן־תִּכְרֹ֤ת בְּרִית֙ לְיוֹשֵׁ֣ב הָאָ֔רֶץ אֲשֶׁ֥ר אַתָּ֖ה בָּ֣א עָלֶ֑יהָ פֶּן־יִֽהְיֶ֥ה לְמוֹקֵ֖שׁ בְּקִרְבֶּֽךָ:
13But you shall demolish their altars, shatter their monuments, and cut down their sacred trees. יגכִּ֤י אֶת־מִזְבְּחֹתָם֙ תִּתֹּצ֔וּן וְאֶת־מַצֵּֽבֹתָ֖ם תְּשַׁבֵּר֑וּן וְאֶת־אֲשֵׁרָ֖יו תִּכְרֹתֽוּן:
their sacred trees: This is a tree they worship. אשריו: הוא אילן שעובדים אותו:
14For you shall not prostrate yourself before another god, because the Lord, Whose Name is "Jealous One," is a jealous God. ידכִּ֛י לֹ֥א תִשְׁתַּֽחֲוֶ֖ה לְאֵ֣ל אַחֵ֑ר כִּ֤י יְהֹוָה֙ קַנָּ֣א שְׁמ֔וֹ אֵ֥ל קַנָּ֖א הֽוּא:
Whose Name is “Jealous One”: He is zealous to mete out retribution, and He is not indulgent. That is [the meaning of] every expression of jealousy (קִנְאָה) [when used in connection with God]. [It] means that He is steadfast in His superiority [over other deities] and exacts retribution upon those who forsake Him. קנא שמו: מקנא להפרע ואינו מוותר, וזהו כל לשון קנאה, אוחז נצחונו ופורע מעוזביו:
15Lest you form a covenant with the inhabitant[s] of the land, and they [the gentiles] go astray after their gods, and they offer sacrifices to their gods, and they invite you, and you eat of their slaughtering, טופֶּן־תִּכְרֹ֥ת בְּרִ֖ית לְיוֹשֵׁ֣ב הָאָ֑רֶץ וְזָנ֣וּ | אַֽחֲרֵ֣י אֱלֹֽהֵיהֶ֗ם וְזָבְחוּ֙ לֵאלֹ֣הֵיהֶ֔ם וְקָרָ֣א לְךָ֔ וְאָֽכַלְתָּ֖ מִזִּבְחֽוֹ:
and you eat of their slaughtering: You [may] think that there is no punishment for eating it, but [when you eat it] I consider it for you as if you endorsed its worship, for through this [eating of the sacrifice] you will come to take from their daughters for your sons. ואכלת מזבחו: כסבור אתה שאין עונש באכילתו, ואני מעלה עליך כמודה בעבודתם, שמתוך כך אתה בא ולוקח מבנותיו לבניך:
16and you take of their daughters for your sons; then their daughters will go astray after their gods and lead your sons astray after their gods. טזוְלָֽקַחְתָּ֥ מִבְּנֹתָ֖יו לְבָנֶ֑יךָ וְזָנ֣וּ בְנֹתָ֗יו אַֽחֲרֵי֙ אֱלֹ֣הֵיהֶ֔ן וְהִזְנוּ֙ אֶת־בָּנֶ֔יךָ אַֽחֲרֵ֖י אֱלֹֽהֵיהֶֽן:
17You shall not make molten gods for yourself. יזאֱלֹהֵ֥י מַסֵּכָ֖ה לֹ֥א תַֽעֲשֶׂה־לָּֽךְ:
18The Festival of Unleavened Cakes you shall keep; seven days you shall eat unleavened cakes which I have commanded you, at the appointed meeting time of the month of spring, for in the month of spring you went out of Egypt. יחאֶת־חַ֣ג הַמַּצּוֹת֘ תִּשְׁמֹר֒ שִׁבְעַ֨ת יָמִ֜ים תֹּאכַ֤ל מַצּוֹת֙ אֲשֶׁ֣ר צִוִּיתִ֔ךָ לְמוֹעֵ֖ד חֹ֣דֶשׁ הָֽאָבִ֑יב כִּ֚י בְּחֹ֣דֶשׁ הָֽאָבִ֔יב יָצָ֖אתָ מִמִּצְרָֽיִם:
the month of spring: The month of early ripening, when the grain first ripens. חדש האביב: חדש הביכור, שהתבואה מבכרת בבישולה:
19All that opens the womb is Mine, and all your livestock [that] bears a male, [by] the emergence of ox or lamb. יטכָּל־פֶּ֥טֶר רֶ֖חֶם לִ֑י וְכָל־מִקְנְךָ֙ תִּזָּכָ֔ר פֶּ֖טֶר שׁ֥וֹר וָשֶֽׂה:
All that opens the womb is Mine: Among humans. כל פטר רחם לי: באדם:
and all your livestock [that] bears a male…: Heb. ךְתִּזָּכָר. And all your livestock that bears a [firstborn] male by the emergence of an ox or lamb [from the womb], meaning that a male will open its womb [i.e., its firstborn is a male]. וכל מקנך תזכר וגו': וכל מקנך אשר תזכר בפטר שור ושה, אשר יפטור זכר את רחמה:
emergence: Heb. פֶּטֶר, a word that means opening. Similarly, “The beginning of strife is like letting out (פּוֹטֵר) water” (Prov. 17:14). The “tav” of ךְתִּזָּכָר is an expression of the feminine, referring to the [animal] that gives birth. פטר: לשון פתיחה, וכן (משלי יז יד) פוטר מים ראשית מדון. תי"ו של תזכר לשון נקבה היא, מוסב על היולדת:
20And a firstborn donkey you shall redeem with a lamb; if you do not redeem it, you shall decapitate it; every firstborn of your sons you shall redeem, and they shall not appear before Me empty handed. כוּפֶ֤טֶר חֲמוֹר֙ תִּפְדֶּ֣ה בְשֶׂ֔ה וְאִם־לֹ֥א תִפְדֶּ֖ה וַֽעֲרַפְתּ֑וֹ כֹּ֣ל בְּכ֤וֹר בָּנֶ֨יךָ֙ תִּפְדֶּ֔ה וְלֹא־יֵֽרָא֥וּ פָנַ֖י רֵיקָֽם:
And a firstborn donkey: But not [the firstborn of] other unclean animals. -[from Bech. 5b] ופטר חמור: ולא שאר בהמה טמאה:
you shall redeem with a lamb: [The owner] gives a lamb to the kohen, and it [becomes] the ordinary [unconsecrated] property of the kohen, and the firstborn donkey may be put to work by its owner. -[from Bech. 9b] תפדה בשה: נותן שה לכהן, והוא חולין ביד כהן, ופטר חמור מותר בעבודה לבעלים:
you shall decapitate it: He decapitates it with a cleaver. [The rationale is:] He caused the kohen to lose his money [by neglecting to give him the redemption lamb]. Therefore, he must lose his own money [by decapitating his donkey]. -[from Bech. 10b, Mechilta on Exod. 13:13] וערפתו: עורפו בקופיץ, הוא הפסיד ממון כהן, לפיכך יופסד ממונו:
every firstborn of your sons you shall redeem: His redemption is established as five selas, as it is said: “And his redemption you shall perform from the age of one month [by the evaluation of five shekels, etc.]” (Num. 18:16). כל בכור בניך תפדה: חמישה סלעים פדיונו קצוב, שנאמר (במדבר יח טז) ופדויו מבן חדש תפדה:
and they shall not appear before Me empty-handed: According to the simple meaning of the verse, this is a separate matter [from the rest of this verse] and is unrelated to the firstborn, because there is no obligation to appear [in the Temple] in the commandment dealing with the firstborn. Instead this is another warning, [meaning] and when you ascend [to the Temple] on the festivals, you shall not appear before Me empty-handed, [but] it is incumbent upon you to bring burnt offerings (Chag. 7a) whenever appearing before God. According to the way it is interpreted by a Baraitha, this is a superfluous verse [for this was already stated in Exod. 23:15], and it is free [i.e., has no additional reason for being here other than] to be used for a גְּזֵרָה שָׁוָה, [i.e.,] an instance of similar wording, to teach [us] about the provisions given a Hebrew slave [when he is freed]-that it is five selas from each kind [i.e., of sheep, grain, and wine], as much as the redemption of a firstborn. [This is elaborated upon] in tractate Kiddushin (17a). ולא יראו פני ריקם: לפי פשוטו של מקרא דבר בפני עצמו הוא, ואינו מוסב על הבכור, שאין במצות בכור ראיית בפנים, אלא אזהרה אחרת היא וכשתעלו לרגל לראות לא יראו פני ריקם, מצוה עליכם להביא עולת ראיית פנים, ולפי מדרש ברייתא מקרא יתר הוא, ומופנה לגזרה שוה, ללמד על הענקתו של עבד עברי שהיא חמשה סלעים מכל מין ומין, כפידיון בכור, במסכת קדושין (דף יז א):
21Six days you may work, and on the seventh day you shall rest; in plowing and in harvest you shall rest. כאשֵׁ֤שֶׁת יָמִים֙ תַּֽעֲבֹ֔ד וּבַיּ֥וֹם הַשְּׁבִיעִ֖י תִּשְׁבֹּ֑ת בֶּֽחָרִ֥ישׁ וּבַקָּצִ֖יר תִּשְׁבֹּֽת:
in plowing and in harvest you shall rest: [If this refers to the Sabbath,] why are plowing and harvest mentioned [in particular, and not other kinds of work]? Some of our Rabbis say that this [verse prohibits] plowing before the seventh year [i.e., the sixth year] which enters the seventh year [i.e., plowing that benefits crops that grow in the seventh year], and the harvest of the seventh year that grows after the seventh year [i.e., crops that have at least one third of their growth during the seventh year must be treated with the sanctity of the seventh year]. This is to teach you that we must add from the unholy [the year preceding the seventh year] to the holy [the seventh year]. Accordingly, this is its meaning: “Six days you may work, and on the seventh day you shall rest” -and [concerning] the work of the six days, which I have permitted you, there is a year in which plowing and harvest are prohibited. The plowing and harvest of the seventh year need not be stated, because it already says: “Your field you shall not sow…” (Lev. 25:4). [Consequently, we deduce that this verse means the plowing before the seventh year and the harvest after the seventh year.] Others [of the Rabbis] say that [the verse] speaks only about the [weekly] Sabbath, and the plowing and harvest mentioned in its context are to inform you that just as [the prohibited] plowing is optional [plowing], so is harvest [referred to here] optional [harvesting]. The harvest of the omer [however] is excluded [from this prohibition] because it is mandatory, and [consequently] it supersedes the Sabbath. -[from R.H. 9a] בחריש ובקציר תשבות: למה נזכר חריש וקציר, יש מרבותינו אומרים על חריש של ערב שביעית הנכנס לשביעית, וקציר של שביעית היוצא למוצאי שביעית, ללמדך שמוסיפין מחול על הקדש. וכך משמעו, ששת ימים תעבוד וביום השביעי תשבות ועבודת ששת הימים שהתרתי לך יש שנה שהחריש והקציר אסור, ואין צריך לומר חריש וקציר של שביעית, שהרי כבר נאמר (ויקרא כה ד) שדך לא תזרע וגו' ויש מהם אומרים, שאינו מדבר אלא בשבת, וחריש וקציר שהוזכר בו, לומר לך מה חריש רשות אף קציר רשות, יצא קציר העומר, שהוא מצוה ודוחה את השבת:
22And you shall make for yourself a Festival of Weeks, the first of the wheat harvest, and the festival of the ingathering, at the turn of the year. כבוְחַ֤ג שָֽׁבֻעֹת֙ תַּֽעֲשֶׂ֣ה לְךָ֔ בִּכּוּרֵ֖י קְצִ֣יר חִטִּ֑ים וְחַג֙ הָ֣אָסִ֔יף תְּקוּפַ֖ת הַשָּׁנָֽה:
the first of the wheat harvest: [This is the festival] on which you bring the two breads made from the wheat [as in Lev. 23:17]. בכורי קציר חטים: שאתה מביא בו שתי הלחם מן החטים:
the first: For it is the first meal offering brought to Temple from the new wheat crop, because the meal offering of the omer on Passover is brought from the barley. -[from Men. 84a] בכורי: שהיא מנחה ראשונה הבאה מן החדש של חטים למקדש, כי מנחת העומר הבאה בפסח מן השעורים היא:
and the festival of the ingathering: Heb. וְחַג הָאָָסִיף, [which occurs] at the time you gather your grain from the field into the house. This gathering (אִסִיפָה) is a term denoting bringing into the house, like “you shall take it (וַאִסַפְךְתּוֹ) into your house” (Deut. 22:2). וחג האסיף: בזמן שאתה אוסף תבואתך מן השדה לבית. אסיפה זו לשון הכנסה לבית, כמו (דברים כב ב) ואספתו אל תוך ביתך:
at the turn of the year: which is at the return of the year, at the beginning of the coming year. [I.e., it is in the month of Tishri, which is the first month of the year, counting from Creation.] תקופת השנה: שהיא בחזרת השנה, בתחלת השנה הבאה:
at the turn of: Heb. ךְתְּקוּפַת, a term denoting going around and encompassing (הַקָּפָה) [i.e., going in a circle]. תקופת: לשון מסיבה והקפה:
23Three times during the year shall all your male[s] appear directly before the Master, the Lord, the God of Israel. כגשָׁל֥שׁ פְּעָמִ֖ים בַּשָּׁנָ֑ה יֵֽרָאֶה֙ כָּל־זְכ֣וּרְךָ֔ אֶת־פְּנֵ֛י הָֽאָדֹ֥ן | יְהֹוָ֖ה אֱלֹהֵ֥י יִשְׂרָאֵֽל:
all your male[s]: Heb. כָּל זְכוּרְ, all the males among you. [This is repeated elsewhere as are] many commandments in the Torah, [which] are stated and repeated, many of them three or four times, in order to cause liability and mete out punishment according to the number of the negative commandments they contain and the number of positive commandments they contain. כל זכורך: כל הזכרים שבך. הרבה מצות בתורה נאמרו ונכפלו, ויש מהם שלש פעמים וארבע, לחייב ולענוש על מנין לאוין שבהם ועל מנין עשה שבהם:
24When I drive out nations from before you and I widen your border, no one will covet your land when you go up, to appear before the Lord, your God, three times each year. כדכִּֽי־אוֹרִ֤ישׁ גּוֹיִם֙ מִפָּנֶ֔יךָ וְהִרְחַבְתִּ֖י אֶת־גְּבֻלֶ֑ךָ וְלֹֽא־יַחְמֹ֥ד אִישׁ֙ אֶת־אַרְצְךָ֔ בַּֽעֲלֹֽתְךָ֗ לֵֽרָאוֹת֙ אֶת־פְּנֵי֙ יְהֹוָ֣ה אֱלֹהֶ֔יךָ שָׁל֥שׁ פְּעָמִ֖ים בַּשָּׁנָֽה:
I drive out: Heb. אוֹרִישׁ as the Targum renders: אִתָרֵ, I will drive out, and so is “begin to drive out (רָשׁ) ” (Deut. 2:31), and so is “and he drove out (וַיוֹרֶשׁ) the Amorites” (Num. 21:32), an expression of driving out. אוריש: כתרגומו אתרך, וכן (דברים ב לא) החל רש, וכן (במדבר כא לב) ויורש את האמורי, לשון גרושין:
and I widen your border: And [this way] you will be far from the Temple, and [so] you cannot constantly appear before Me. Therefore, I am setting these three pilgrimage festivals for you. והרחבתי את גבלך: ואתה רחוק מבית הבחירה ואינך יכול לראות לפני תמיד, לכך אני קובע לך שלש רגלים הללו:
25You shall not slaughter [or sprinkle] the blood of My sacrifice with leaven, and the offering of the Passover feast shall not remain overnight until the morning. כהלֹֽא־תִשְׁחַ֥ט עַל־חָמֵ֖ץ דַּם־זִבְחִ֑י וְלֹֽא־יָלִ֣ין לַבֹּ֔קֶר זֶ֖בַח חַ֥ג הַפָּֽסַח:
You shall not slaughter…: You shall not slaughter the Passover sacrifice as long as leaven still exists. This is a [specific] warning to the slaughterer, to the one who sprinkles the blood, or to one of the members of the group [bringing this sacrifice]. -[from Pes. 63b] לא תשחט וגו': לא תשחט את הפסח ועדיין חמץ קיים, אזהרה לשוחט או לזורק או לאחד מבני החבורה:
shall not remain overnight until the morning: As the Targum [Onkelos] paraphrases: [it shall not remain overnight until the morning away from the altar]. Remaining overnight on top of the altar has no effect [i.e., does not disqualify the sacrifice] (Mechilta, Exodus 23:18), and [the prohibition of] staying overnight is only completed at the break of dawn (Zev. 87a). ולא ילין: כתרגומו. אין לינה מועלת בראש המזבח, ואין לינה אלא בעמוד השחר:
and the offering of the Passover feast: [This refers to] its sacrificial parts. From here you learn [to apply this rule to all instances of] burning the fats or the limbs [of sacrifices, namely that it may not be performed after the break of dawn if the sacrificial parts stayed off the altar all night until the break of dawn]. זבח חג הפסח: אימוריו, ומכאן אתה למד לכל הקטר חלבים ואברים:
26The choicest of the first of your soil you shall bring to the house of the Lord, your God. You shall not cook a kid in its mother's milk." כורֵאשִׁ֗ית בִּכּוּרֵי֙ אַדְמָ֣תְךָ֔ תָּבִ֕יא בֵּ֖ית יְהֹוָ֣ה אֱלֹהֶ֑יךָ לֹֽא־תְבַשֵּׁ֥ל גְּדִ֖י בַּֽחֲלֵ֥ב אִמּֽוֹ:
The choicest of the first of your soil: [This refers to the fruits] of the seven species delineated as the praise of your land, “A land of wheat and barley, vines, [figs, and pomegranates, a land of oil-producing olives,] and honey” (Deut. 8:8). That is the honey of dates. -[from Bikkurim 3:1] ראשית בכורי אדמתך: משבעת המינין האמורים בשבח ארצך (דברים ח ח) ארץ חטה ושעורה וגפן ותאנה ורמון, ארץ זית שמן ודבש, הוא דבש תמרים:
You shall not cook a kid: This is the warning against [cooking] meat and milk [together]. This commandment is written in the Torah three times (Exod. 23:19, Deut. 14:21), one for eating, one for deriving benefit, and one for the prohibition of cooking. -[from Chul. 115b] לא תבשל גדי: אזהרה לבשר בחלב, ושלוש פעמים כתוב בתורה אחד לאכילה, ואחד להנאה, ואחד לאיסור בישול:
a kid: Heb. גְּדִי. Any young offspring is meant, even a calf or a lamb. Since [the Torah] had to specify in many places גְּדִי עִזִּים [when a young goat is meant], you learn that [mention of] גְּדִי unqualified means all sucklings. -[from Chul. 113b] גדי: כל ולד רך במשמע ואף עגל וכבש. ממה שהוצרך לפרש בכמה מקומות (בראשית לח יז) גדי עזים, למדת שגדי סתם כל יונקים במשמע:
in its mother’s milk: This excludes fowl, which has no milk, which is not prohibited by the Torah but by the decree of the Scribes [the Sages]. -[from Chul. 113a] בחלב אמו: פרט לעוף שאין לו חלב אם, שאין איסורו מן התורה אלא מדברי סופרים:
A prayer regarding the wars against Israel in the days of Jehoshaphat, when the nations plotted against Israel.
1. A song, a psalm by Asaph.
2. O God, do not be silent; do not be quiet and do not be still, O God.
3. For behold, Your enemies are in uproar, and those who hate You have raised their head.
4. They plot deviously against Your nation, and conspire against those sheltered by You.
5. They say, "Come, let us sever them from nationhood, and the name of Israel will be remembered no more.”
6. For they conspire with a unanimous heart, they made a covenant against You-
7. the tents of Edom and the Ishmaelites, Moab and the Hagrites,
8. Geval and Ammon, and Amalek; Philistia with the inhabitants of Tyre.
9. Assyria, too, joined with them, and became the strength of the sons of Lot, Selah.
10. Do to them as to Midian; as to Sisera and Yavin at the brook of Kishon,
11. who were destroyed at Ein Dor, and were as dung for the earth.
12. Make their nobles like Orev and Ze'ev, all their princes like Zevach and Tzalmuna,1
13. who said, "Let us inherit the dwellings of God for ourselves.”
14. My God, make them like whirling chaff, like straw before the wind.
15. As a fire consumes the forest, and a flame sets the mountains ablaze,
16. so pursue them with Your tempest and terrify them with Your storm.
17. Fill their faces with shame, and they will seek Your Name, O Lord.
18. Let them be shamed and terrified forever; let them be disgraced and perish.
19. And they will know that You, Whose Name is the Lord, are alone, Most High over all the earth.
FOOTNOTES
1.These were the Midianite leaders who were captured (see Judges 7:25)
Chapter 84
In this psalm of prayers and entreaties, the psalmist mourns bitterly over the destruction of Temple from the depths of his heart, and speaks of the many blessings that will be realized upon its restoration. Fortunate is the one who trusts it will be rebuilt, and does not despair in the face of this long exile.
1. For the Conductor, on the gittit,1 a psalm by the sons of Korach.
2. How beloved are Your dwellings, O Lord of Hosts!
3. My soul yearns, indeed it pines, for the courtyards of the Lord; my heart and my flesh [long to] sing to the living God.
4. Even the bird has found a home, and the swallow a nest for herself, where she lays her young on the [ruins of] Your altars, O Lord of Hosts, my King and my God.
5. Fortunate are those who dwell in Your House; they will yet praise You forever.
6. Fortunate is the man whose strength is in You; the paths [to the Temple] are in his heart.
7. For those who pass through the Valley of Thorns, He places wellsprings; their guide will be cloaked in blessings.2
8. They go from strength to strength; they will appear before God in Zion.
9. O Lord, God of Hosts, hear my prayer; listen, O God of Jacob, forever.
10. See our shield,3 O God, and look upon the face of Your anointed one.
11. For better one day in Your courtyards than a thousand [elsewhere]. I would rather stand at the threshold of the house of my God, than dwell [in comfort] in the tents of wickedness.
12. For the Lord, God, is a sun and a shield; the Lord bestows favor and glory; He does not withhold goodness from those who walk in innocence.
13. O Lord of Hosts! Fortunate is the man who trusts in You.
FOOTNOTES
1.A musical instrument crafted in Gath (Metzudot).
2.God provides water for the pilgrims to Jerusalem, leading them to bless their guides for choosing a water-laden route (Metzudot)
3.Remember the Temple [and rebuild it](Metzudot).
Chapter 85
In this prayer, lamenting the long and bitter exile, the psalmist asks why this exile is longer than the previous ones, and implores God to quickly fulfill His promise to redeem us. Every individual should offer this psalm when in distress.
1. For the Conductor, a psalm by the sons of Korach.
2. O Lord, You favored Your land; You returned the captives of Jacob.
3. You forgave the iniquity of Your people, and covered all their sin forever.
4. You withdrew all Your fury, and retreated from Your fierce anger.
5. Return us, O God of our salvation, and annul Your anger toward us.
6. Will You forever be angry with us? Will You draw out Your anger over all generations?
7. Is it not true that You will revive us again, and Your people will rejoice in You?
8. Show us Your kindness, O Lord, and grant us Your deliverance.
9. I hear what the Almighty Lord will say; for He speaks peace to His nation and to His pious ones, and they will not return to folly.
10. Indeed, His deliverance is near those who fear Him, that [His] glory may dwell in the land.
11. Kindness and truth have met; righteousness and peace have kissed.
12. Truth will sprout from the earth, and righteousness will peer from heaven.
13. The Lord, too, will bestow goodness, and our land will yield its produce.
14. Righteousness shall walk before him, and he shall set his footsteps in [its] path.
Chapter 86
This psalm contains many prayers regarding David's troubles, and his enemies Doeg and Achitophel. It also includes many descriptions of God's praise. Every individual can offer this psalm when in distress.
1. A prayer by David. Lord, turn Your ear, answer me, for I am poor and needy.
2. Guard my soul, for I am pious; You, my God, deliver Your servant who trusts in You.
3. Be gracious to me, my Lord, for to You I call all day.
4. Bring joy to the soul of Your servant, for to You, my Lord, I lift my soul.
5. For You, my Lord, are good and forgiving, and exceedingly kind to all who call upon You.
6. Lord, hear my prayer and listen to the voice of my supplications.
7. On the day of my distress I call upon You, for You will answer me.
8. There is none like You among the supernal beings, my Lord, and there are no deeds like Yours.
9. All the nations that You have made will come and bow down before You, my Lord, and give honor to Your Name,
10. for You are great and perform wonders, You alone, O God.
11. Lord, teach me Your way that I may walk in Your truth; unify my heart to fear Your Name.
12. I will praise You, my Lord, my God, with all my heart, and give honor to Your Name forever.
13. For Your kindness to me has been great; You have saved my soul from the depth of the grave.
14. O God, malicious men have risen against me; a band of ruthless men has sought my soul; they are not mindful of You.
15. But You, my Lord, are a compassionate and gracious God, slow to anger and abounding in kindness and truth.
16. Turn to me and be gracious to me; grant Your strength to Your servant, and deliver the son of Your maidservant.
17. Show me a sign of favor, that my foes may see and be shamed, because You, Lord, have given me aid and consoled me.
Chapter 87
Composed to be sung in the Holy Temple, this psalm praises the glory of Jerusalem, a city that produces many great scholars, eminent personalities, and persons of good deeds. It also speaks of the good that will occur in the Messianic era.
1. By the sons of Korach, a psalm, a song devoted to the holy mountains [of Zion and Jerusalem].
2. The Lord loves the gates of Zion more than all the dwelling places of Jacob.
3. Glorious things are spoken of you, eternal city of God.
4. I will remind Rahav Egypt and Babylon concerning My beloved; Philistia and Tyre as well as Ethiopia, "This one was born there.”
5. And to Zion will be said, "This person and that was born there"; and He, the Most High, will establish it.
6. The Lord will count in the register of people, "This one was born there," Selah.
7. Singers as well as dancers [will sing your praise and say], "All my inner thoughts are of you."
• Friday, Adar I 17, 5776 · February 26, 2016
• Likutei Amarim, middle of Chapter 30
והנה באמת, גם מי שהוא מחומם מאד בטבעו, ופרנסתו היא להיות מיושבי קרנות כל היום
In truth, even he who is extremely passionate by nature, and whose livelihood obliges him to sit all day at the street-corners,
אין לו שום התנצלות על חטאיו, ומיקרי רשע גמור על אשר אין פחד אלקים לנגד עיניו
has no excuse whatsoever for his sins, and he is termed a rasha gamur (“an utter evildoer”) for not having the dread of G‑d before his eyes.
כי היה לו להתאפק ולמשול על רוח תאוותו שבלבו, מפני פחד ה׳ הרואה כל מעשיו
For he should have controlled himself and restrained the feeling of desire in his heart because of the fear of G‑d Who sees all his actions,
כמו שכתוב לעיל: כי המוח שליט על הלב בתולדתו
This fear of G‑d would have enabled him to overcome his desires, despite the difficulties imposed by his surroundings and his nature for, as explained above,1 the mind has supremacy over the heart by nature of one’s birth, i.e., it is man’s inborn characteristic that his mind is able to master and restrain his heart’s desires.
| FOOTNOTES | |
| 1. | Ch. 12. |
---------------------
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text | Audio: Listen | Download | Video Class• Friday, Adar I 17, 5776 · February 26, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 193
Vegetables or Grains Grown in a Vineyard
"Lest the seed that increase become forbidden"—Deuteronomy 22:9.
If vegetables or grains grew in a vineyard, it is forbidden to consume both the grapes as well as the vegetables or grain.
This biblical prohibition only applies in the land of Israel.
Full text of this Mitzvah »
--------------------------------------------------------
Negative Commandment 153
Untithed Produce
"And they shall not profane the holy things of the children of Israel, that which they offer to G‑d"—Leviticus 22:15.
It is forbidden to partake of produce before all the requisite tithes – those that belong to the kohen, Levite, the poor, and the tithe that is separated and eaten in Jerusalem – are separated.
Full text of this Mitzvah »
---------------------------------------------------------
Negative Commandment 194
Idolatrous Libations
"Who eat the fat of their sacrifices, and drink the wine of their libations"—Deuteronomy 32:38.
It is forbidden to drink wine that was used as a libation for an idol.
Full text of this Mitzvah »
---------------------------------------------------------
Positive Commandment 146
Slaughtering
"And you shall slaughter of your cattle and of your sheep...as I have commanded you"—Deuteronomy 12:21.
We are commanded to ritually slaughter [animals and fowl] if wishing to eat from their flesh. Only through slaughter is flesh rendered fit for consumption.
Full text of this Mitzvah »
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Friday, Adar I 17, 5776 · February 26, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 193
Vegetables or Grains Grown in a Vineyard
"Lest the seed that increase become forbidden"—Deuteronomy 22:9.
If vegetables or grains grew in a vineyard, it is forbidden to consume both the grapes as well as the vegetables or grain.
This biblical prohibition only applies in the land of Israel.
Full text of this Mitzvah »
Vegetables or Grains Grown in a Vineyard
Negative Commandment 193
Translated by Berel Bell
The 193rd prohibition is that we are forbidden from eating a mixture of species only1 when planted in a vineyard.
The source of this prohibition is G‑d's statement2 (exalted be He), "[Do not plant mixed species in your vineyard] lest the additional growth [of the vine] and the seeds become prohibited [tikdosh]."
The Oral Tradition3 explains that the phrase pen tikdosh ["lest it become prohibited"] also implies, pen tukad aish ["lest you cause it to be burnt in fire"], i.e. that it is forbidden to derive any benefit from them.
You have already learned the principle,4 "Every case where the Torah writes hishomer (be careful), pen (lest) or al (do not) indicates a prohibition."5
In the second chapter of Pesachim,6our Sages discuss the law that, "one is not punished by lashes for any prohibition in the Torah unless one derives benefit in the normal way," i.e. that anything that one is prohibited from eating, one is not punished from eating it unless one derives benefit.7 The Talmud then says, "Abaye says, 'Everyone agrees that for [eating] mixed species that grew in a vineyard, one is punished by lashes even if one does not benefit in the normal way. What is the reason? Because the verse does not mention 'eating'; rather it is written, pen tikdosh, which also implies, pen tukad aish."8
The details of this mitzvah are explained in tractate Kilayim.
The Biblical prohibition of mixed species in a vineyard only applies in Israel.
FOOTNOTES
1.There are two prohibitions regarding planting a mixture of species: N215 prohibits planting any two species together; N216 prohibits planting either vegetables or grain in a vineyard. The prohibition regarding a vineyard is stricter in a number of ways; in this prohibition we see that the produce that grows in the vineyard may not be eaten. When not in a vineyard, however, only the act of planting is prohibited; the food that grows may be eaten.
The mitzvos are written separately because here, corresponding to the order in Mishneh Torah, we are dealing with prohibited foods. There, we deal with the agricultural laws.
2.Deut. 22:9.
3.Chullin 115a.
4.Makkos 13b. See N90. Eighth Introductory Principle.
5.From this expression we see that this verse prohibiting benefit counts as a separate prohibition from the verse prohibiting the planting (Lev. 19:19. N216).
6.24b.
7.For example, one who eats raw fat would not be punished (Pesachim ibid.).
8.Our versions of the Talmud omit this last phrase. The handwritten manuscripts quoted in Dikdukei Sofrim, however, do contain it. See Kapach, 5731, footnote 63.
Negative Commandment 153
Untithed Produce
"And they shall not profane the holy things of the children of Israel, that which they offer to G‑d"—Leviticus 22:15.
It is forbidden to partake of produce before all the requisite tithes – those that belong to the kohen, Levite, the poor, and the tithe that is separated and eaten in Jerusalem – are separated.
Full text of this Mitzvah »
Untithed Produce
Negative Commandment 153
Translated by Berel Bell
The 153rd prohibition is that we are forbidden from eating tevel, i.e. produce from which the terumos1 and ma'asros have not yet been separated.
The source of this prohibition is G‑d's statement2 (exalted be He), "And they shall not desecrate the holy things of the children of Israel that they will separate to G‑d."
One who transgresses this prohibition by eating tevel is punished by a heavenly death penalty. This is alluded to from [the similarity between] this verse, "And they shall not desecrate the holy things," and the verse regarding terumos,3 "And the holy things of the children of Israel they shall not desecrate and [thereby] not die." From the identical expression, "they shall not desecrate," we can derive [the punishment for tevel] from terumah, which is a transgression punishable by death, as we have explained.4
The quote from tractate Sanhedrin5is, "What is the source that teaches us that the punishment for eating tevel is death? From the verse, 'And they shall not desecrate the holy things of the children of Israel that they will separate to G‑d.' This verse speaks about something that 'they will separate' in the future [i.e. tevel].6 And you derive [the punishment for violating] 'they will not desecrate' [regarding tevel] from 'they will not desecrate' written regarding terumah."
Their intention in saying, "in the future," is to say that it is as if the verse reads, "And they shall not desecrate the holy things that they will separate to G‑d in the future." This is the meaning of G‑d's statement (exalted be He), "that they will separate," in future tense, followed by7 the verse, "and they shall bear the guilt of their sin of eating their holy things."
Our Sages said in tractate Makkos,8 "You might think that the only time a person is punished for eating tevel is when nothing at all has been separated. How do we know [that the prohibition applies] when terumah gedolah has been separated, but not terumas ma'aser; when ma'aser rishon has been separated, but not ma'aser sheini, or even9 ma'aser oni? From the verse,10 'You are not allowed to eat in your gates [the ma'aser of your grain, wine or oil].' And later11 it says, '[When you finish taking all the ma'aser from your grain in the third year...] and they will eat in your gates and be satisfied.' Just as later on it refers [even12] to ma'aser oni,13 so too here it refers to ma'aser oni — and the verse says, 'you are not allowed.'"
However, these prohibitions only are punishable by lashes; the heavenly death penalty is only [when the tevel still contains] terumah gedolah or terumas ma'aser, since one who eats ma'aser rishon before the terumas ma'aser has been separated is punishable by death, in G‑d's statement14 (exalted be He) to the Levites, when He commanded them to separate a tithe from their tithe,15 "And the holy things of the children of Israel you shall not desecrate and [thereby] not die.," This is the prohibition not to eat ma'aser rishon when it is still tevel. Therefore, one is punishable by death [for eating it], as explained in tractate Demai.
The summary of all the above: one who eats tevel before the terumah gedolah and terumas ma'aser have been separated is punishable by death, based on the verse, "And they shall not desecrate the holy things of the children of Israel," as we have explained in this mitzvah. One who eats tevel after the terumos have been separated, but before [all] the ma'asros have been separated is punishable by lashes, based on the verse, "You are not allowed to eat in your gates the ma'aser of your grain." You should remember this and not err in it.
The details regarding tevel are explained in many passage of tractate Demai and Terumos, and tractate Ma'asros.
FOOTNOTES
1.Food that grows in Israel may not be eaten until the agricultural gifts have been separated. Terumah is given to the kohen; ma'aser is given to the Levite; the Levite himself must take part of the ma'aser as terumas ma'aser and give it to the kohen. Then, depending on which year of the seven year cycle it is, either ma'aser sheini or ma'aser oni is separated. Terumos refers to terumah and terumas ma'aser ; ma'asros refers to ma'aser , ma'aser sheini and ma'aser oni
2.Lev. 22:15.
3.Num. 18:32.
4.N133, which is written earlier in the order of the original Sefer HaMitzvos.
5.83a.
6.The Talmud first proves which type of "holy things" are referred to in the verse. Since the future tense is used ("they will separate"), it must refer to tevel, since the relevant portions have not yet been separated.
7.Lev. 22:16.
8.16b.
9.Ma'aser oni is the least strict of all the agricultural gifts mentioned, since there are no restrictions on who may eat it and where it may be eaten.
10.Deut. 12:17.
11.Ibid. 26:12.
12.We therefore can derive that if even ma'aser oni, which is the least strict, is prohibited, certainly the stricter ones are prohibited.
13.The verse refers to ma'aser oni, since it is the only agricultural gift unique to the third year.
14.Num. 18:32.
15.The Levites receive one-tenth of the produce. They must separate one-tenth of that and give it to the kohen as terumas ma'aser.
Negative Commandment 194
Idolatrous Libations
"Who eat the fat of their sacrifices, and drink the wine of their libations"—Deuteronomy 32:38.
It is forbidden to drink wine that was used as a libation for an idol.
Full text of this Mitzvah »
Idolatrous Libations
Negative Commandment 194
Translated by Berel Bell
The 194th prohibition is that we are forbidden from drinking yayin nesech [wine used for idolatry].
There is no verse that states this prohibition explicitly. However, [the prohibition is derived from a verse by] the Sages in Avodah Zorah,1 "The verse2 says, 'They eat the fat of their sacrifices; they drink the wine of their libations' — just as the sacrifice is prohibited, so too the wine is prohibited."
You are aware that one is prohibited from deriving benefit from it, and the punishment [for drinking it] is lashes, as is well known throughout the Talmud.
The proof that yayin nesech is a Biblical prohibition and that it counts as one of the [365] prohibitions is the statement of the Sages in Gemara Avodah Zorah,3 "Rabbi Yochanan and Reish Lakish both say that all prohibitions of the Torah — regardless whether they were mixed into the same type or a different type — [are prohibited only] when the taste is perceptible; with the exception of tevel and yayin nesech, which, when mixed into the same type are prohibited even in the smallest amount, but when mixed into a different type, are prohibited only when the taste is perceptible."4 This is a clear proof that yayin nesech is one of the prohibitions of the Torah.5
The Sifri6 also, when mentioning the decline of the Jewish people in Shittim in acting immorally with the daughters of Moav,7 says, "He entered [her tent], and she had a bottle full of Ammonite wine with her, and non-Jewish wine had not yet been prohibited to the Jewish people. She said to him, 'Would you like to drink?' etc." This that they said, "and non-Jewish wine had not yet been prohibited to the Jewish people," undoubtedly implies that later on8 it was indeed prohibited.
However, this that the Sages included wine among the 18 Rabbinic decrees9; and so too their statement,10 "Yayin nesech is different, because the Sages were especially strict in its regard" [implying that the prohibition is only Rabbinic in nature] — they are referring to stam yaynom11, not to actual yayin nesech. But actual yayin nesech is a Biblical prohibition, as you already know their saying,12 "There are three categories of [prohibited] wine."13
The details of this mitzvah are explained in the final chapters of tractate Avodah Zorah.
FOOTNOTES
1.29b.
2.Deut. 32:38.
3.73b.
4.Taste is normally perceptible at the point of one-sixtieth of the mixture. Therefore, according to this passage, if yayin nesech fell into a bowl of orange juice, the mixture will be permitted if there is less than one-sixtieth yayin nesech. If it fell into a bowl of kosher wine, however, the mixture would be forbidden.
5.Since the phrase, "all prohibitions of the Torah," is used.
6.Num. 21:1.
7.Num. 25.
8.I.e. in Deut. 32.
9.Shabbos 17b.
10.Avodah Zorah 62b.
11.The Sages decreed that all wine of non-Jews is prohibited by Rabbinic law, even if it was not used for idolatry.
12.Avodah Zorah 30b.
13.I.e. yayin nesech, stam yaynom and wine deposited in the house of a non-Jew.
Positive Commandment 146
Slaughtering
"And you shall slaughter of your cattle and of your sheep...as I have commanded you"—Deuteronomy 12:21.
We are commanded to ritually slaughter [animals and fowl] if wishing to eat from their flesh. Only through slaughter is flesh rendered fit for consumption.
Full text of this Mitzvah »
Slaughtering
Positive Commandment 146
Translated by Berel Bell
The 146th mitzvah is that we are commanded to slaughter an animal [we wish to eat] and only after that to eat it; and the only acceptable preparation is through shechitah.
The source of this commandment is G‑d's statement1 (exalted be He), "And you shall slaughter your cattle and sheep ... as I have commanded you."
In the words of the Sifri, "'And you shall slaughter' teaches that just as sacrifices need shechitah, so too non-sanctified animals need shechitah. 'As I have commanded you' teaches that Moshe was commanded regarding the trachea, and the esophagus, and cutting the majority of one for a bird, and cutting the majority of both for an animal."
The details of this mitzvah and all its laws are explained in the tractate devoted to this subject, i.e. tractate Chullin.
FOOTNOTES
1.Deut. 12:21.
-------------------------------------------------------
• 1 Chapter: Shemita Shemita - Chapter 12 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Shemita - Chapter 12
Audio: Listen | Download | Video Class• Shemita - Chapter 12
Halacha 1
Halacha 2
Halacha 3
If the purchaser dies, [the original owner] may redeem it from his son. Similarly, if the seller dies, his son may redeem it for the duration of the twelve months.7
Halacha 4
If [the seller] sold it to one person and he sold it to another, the reckoning is made from [the date of] the first [sale]. When the first year is concluded, the house is established8 as the property of the [second] purchaser. For the [second] seller9 sold to the second [purchaser] all the rights that will accrue to him [with regard to this property].10 If twelve months pass and it is not redeemed, it is established as the property of the [second] purchaser.
Halacha 5
During a leap year, the permanent disposition of the property is not brought about until the end of the year,13 as [Leviticus 25:30] states: "Until a complete year is completed for it." [This wording indicates that] the extra month [of the leap year] is included.
Halacha 6
[The following rules apply when a person] sold two houses, one in the middle of Adar 1 and the other on Rosh Chodesh Adar II. When the month of Adar arrives in the following year,14 the year for the house sold on Rosh Chodesh II is completed.15 The year for the house sold in the middle of Adar I is not completed until the middle of Adar in the following year, for the purchaser took possession in the middle of the extra month [of the leap year].
Halacha 7
Halacha 8
When a person consecrates a house in a walled city and another person redeems it from the Temple treasury, when a year passes from the time that it was redeemed from the Temple treasury without it being redeemed by its [original] owner, it becomes established as the property of the one who redeemed it [from the Temple treasury].18 For the Temple treasury does not become the permanent owner, the purchaser does, as [implied by Leviticus 25:30]: "the one who purchases it for his generations."19
Halacha 9
When a person sells a house in a walled city and the Jubilee arrives within the first year after the sale, the house does not revert to its owner in the Jubilee.20Instead, it remains in the possession of the purchaser until the seller decides to redeem it throughout the year after its sale or it becomes established as the property [of the purchaser] after that year is completed.
Halacha 10
When a person sells a home in a settlement or in a city that is not surrounded by a wall in the appropriate manner,21 he may redeem it according to the advantages that apply with regard to both the redemption of an [ancestral] field and the redemption of a home in a walled city.
What is implied? If he desires to redeem [the home] immediately, he may,22 as is the law with regard to a home [in a walled city]. If the twelve months pass and he does not redeem it, he may redeem it until the Jubilee, as is the law regarding a field.23 When he redeems it, he makes a reckoning with the purchaser and subtracts the value of the benefit he received.24 If the Jubilee arrives without having redeemed it, the house returns [to the owner] without payment, as is the law with regard to fields.
Halacha 11
Any [residential property] within a city's wall, e.g., gardens, bathhouses, and dovecotes, is considered as a house,25 for [ibid.] states: "that are in the city." Fields that are located in the city may be redeemed according to the rules applying to fields outside the city, as [implied the phrase (ibid.)]: "And the house that will be within the city will be established." [This includes] houses and anything resembling houses, not fields.
Halacha 12
When a house is not four cubits by four cubits, it does not become the permanent property of the purchaser like the houses in a walled city.26 A house does not become the permanent property of a purchaser in Jerusalem.27 A house that is built in the wall is not considered as a home in a walled city.28
Halacha 13
Halacha 14
A city is not referred to as a walled city unless it has three or more courtyards and in each of the courtyards, it has two or more houses.32 [Moreover,] it must have been surrounded by a wall first and then the courtyards were built in its midst. If, however, a place was settled and afterwards, surrounded [by a wall] or it did not have [at least] three courtyards with [at least] two houses [each], it is not considered as a walled city. Instead, its houses are like the houses of a settlement.33
Halacha 15
We rely only on a wall that surrounded [a city] at the time of the conquest of the land.
What is implied? When a city was not surrounded by a wall at the time when Joshua conquered the land even though it is surrounded now, [the houses in it] are considered as the houses of a settlement. [Conversely,] if a city was surrounded by a wall at the time of Joshua,34 even though it is not surrounded at present, it is considered as walled.35
When the Jews were exiled after the first destruction [of the Temple], the sanctity of the walled cities from Joshua's time were nullified.36 When Ezra ascended at the time of the second entry into the land, all of the walled cities of that time became consecrated. For the entry [into the land] at the time of Ezra, i.e., the second entry, was comparable to the entry at the time of Joshua. Just as [after] their entry at the time of Joshua, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes, so too, [after] their entry in the time of Ezra, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes.37
Halacha 16
Similarly, in the Ultimate Future, upon the third entry to the land,38 we will begin to count the Sabbatical and Jubilee years and sanctify the homes in walled cities, and every place that will be conquered will be obligated in [the separation of] tithes, as [Deuteronomy 30:5]: "And God your Lord will bring you to the land that your ancestors possessed as a heritage and you shall possess." [The verse] equates [the Jews' ultimate] possession with that of their ancestors. Just as when your ancestors took possession of the land as a heritage, they practiced the renewal of all these observances, when you take possession of the land, you should practice the renewal of all these observances.39
FOOTNOTES
1.
As stated in Halachah 15, it is not significant whether the city is surrounded by a wall at the present time. Instead, we are speaking about cities that were walled when Joshua conquered Eretz Yisrael.
2.
I.e., the year mentioned in the Leviticus 25:29 is not a calendar year, beginning on Rosh HaShanah, but a twelve month period beginning from the day of sale.
3.
In contrast to the laws of a field that is an ancestral heritage, as mentioned in Chapter 11, Halachah 4. The return of the purchaser's money in full resembles a loan at interest - for the benefit he had in using the property is comparable to interest paid for the principal - nevertheless, because a sale is involved, there is no prohibition (Arichin 9:3).
4.
In contrast to the law regarding an ancestral heritage (Chapter 11, Halachah 18).
5.
In contrast to the law regarding an ancestral heritage (ibid.:17).
6.
In this, the laws parallel those governing an ancestral field (ibid.:17-18).
7.
Arachin 32b derives these concepts from the exegesis of relevant verses.
8.
Permanently, for it does not return to the owner in the Jubilee. See the Rambam's Commentary to the Mishnah (Arichin 9:4).
9.
Who was also the first purchaser.
10.
The Rambam is referring to a difference of opinion in Arichin, loc. cit., whether after twelve months, the house remains in the possession of the second purchaser or reverts to the first. Although one might argue that the Torah specifies that if the house is not redeemed it becomes the property of the first seller, that rationale is not accepted for the reason the Rambam states.
11.
Permanently, for it does not return to the owner in the Jubilee. See the Rambam's Commentary to the Mishnah (Arichin 9:4).
12.
For as indicated by Chapter 11, Halachah 19, a present is equivalent to a sale.
13.
I.e., until the end of a 13 month period.
14.
I.e., an ordinary year with only one Adar.
15.
For it is a full twelve months after that sale and that sale was made after the extra month of the leap year had been completed.
16.
And if that day passes, he will not be able to redeem it.
17.
This is an ordinance established by Hillel the Elder to protect the rights of the seller (Arachin 9:4). The rationale is that since the purchaser has no choice whether to accept the money or not, it is sufficient for the money to be deposited in the court for him (Arachin 32a).
18.
We are not concerned with the date on which it was consecrated. Instead, it is the date from which it was redeemed from the Temple treasury which concerns us, for that is when it was sold and it is its sale that brings about a change in ownership.
19.
I.e., for the sake of his descendants and the Temple treasury does not have descendants (Arachin 32b).
20.
The statement (Leviticus 25:30): "It shall not return in the Jubilee" applies both before the house becomes the permanent property of the purchaser and afterwards.
21.
Again, what is significant is not the present state of the city, but its state at the time of Joshua's conquest, as stated in Halachah 15.
22.
Since the sale involves a house, the seller has this advantage over the seller of a field.
23.
For Leviticus 25:31 states that they will be considered as a field.
24.
Arachin 33a [quoted by the Rambam's Commentary to the Mishnah (Arachin 9:7)] explains that since the above verse specifies that these homes can be redeemed and that they are returned in the Jubilee, we derive the concept that their redemption involves a reduction of the cost of the field.
25.
I.e., it can be redeemed only within a year and does not return in the Jubilee.
26.
For a house is not considered a house unless it is at least four cubits by four cubits (Sukkah 3b). This concept applies in several different contacts, for example, the requirement to place a mezuzah (Hilchot Mezuzah 6:1) or to construct a guardrail (Hilchot Rotzeach 11:1).
27.
As the Rambam states in Hilchot Beit HaBechirah 7:14, Jerusalem was never divided among the tribes. For that reason, a person can never permanently acquire property there. Instead, houses there are bound by the laws that apply to houses in settlements (see Rashi. Arachin 32b; Bava Kama 82b).
28.
Arachin 9:5 records a difference of opinion on this issue between Rabbi Yehudah and Rabbi Shimon. Both of them base their opinion on the exegesis of the Biblical story of Rachab's home in Joshua, ch. 2.
29.
Megillah 5b explains that this refers to a situation where the city is not surrounded by a wall, but instead, its houses are built next to each other, so that it appears that it is surrounded by a wall (Rav Yosef Corcus).
30.
For example, as in the instance of Tiberias which was surrounded by a wall on one side and the sea on the other.
31.
Instead, they are governed by the laws applying to homes in a settlement.
32.
Otherwise, it is not large enough to be called a city.
33.
Interestingly, the Talmud also mentions these laws with regard to reading a Megilahin a walled city (Megilah 3b), but the Rambam does not quote them there, only here.
34.
Arachin 9:6 gives as examples: Ancient Yodefat, Gamla, Chadid, Gedod, and Ono.
35.
The Ra'avad differs with the Rambam and maintains that once a city's walls are destroyed, the city loses its unique status. The Radbaz and the Kessef Mishnehexplain that the Rambam is referring to the situation in the First Temple era. If a city had a wall at the time of Joshua's conquest, but that wall was torn down, the status of the city did not change throughout that era. See also the Rambam's Commentary to the Mishnah (Arichin 9:6).
36.
And the sanctity of the land was nullified, as the Rambam states in Hilchot Beit HaBechirah 6:15, Hilchot Terumah 1:26..
37.
As stated in those sources, in contrast to the sanctification in the time of Joshua, the sanctification of the land by Ezra was only Rabbinic in origin. In his Commentary to the Mishnah (loc. cit.), the Rambam states that the cities that were walled at the time of Ezra were given the status of walled cities. From the Radbaz and the Kessef Mishneh, it appears that the cities that were given the status of walled cities by the people who returned with Ezra were cities that were considered walled cities in the era of the First Temple.
38.
I.e., when the Jews return to Eretz Yisraelled by Mashiach.
39.
The Ra'avad and others question the Rambam's statements, because he accepts the principal (see Hilchot Beit HaBechirah, loc. cit.) that through Ezra's consecration, the land was consecrated until and including the ultimate future. Kina'at Eliyahu suggests a resolution based on the fact that the sanctification of the land by Ezra was only Rabbinic in origin, while the sanctification byMashiach will have the power of Scriptural Law. Hence, a new sanctification will be necessary.
---------------------
• 3 Chapters: Ma'achalot Assurot Ma'achalot Assurot - Chapter 17, Shechitah Shechitah - Chapter 1, Shechitah Shechitah - Chapter 2
English Text | Hebrew Text | Audio: Listen | Download• Ma'achalot Assurot - Chapter 17
English Text | Hebrew Text |
Audio: Listen | Download• Ma'achalot Assurot - Chapter 17
Halacha 1
When the meat of a nevelah or a crawling animal or teeming animal was cooked in an earthenware pot,1 one should not cook the meat of a ritually slaughtered animal in that pot on that same day. If he cooked a type of meat [in the pot that day], the dish is forbidden.2 If he cooked another substance in it, [it is forbidden if] its flavor can be detected.3
Halacha 2
The Torah forbade only [the use of] a pot that was [cooked with the forbidden substance] on that day.4 For [in that time,] the flavor of the fat absorbed in the pot had not been impaired.5
According to Rabbinic Law, one should never cook in it again.6 For this reason, one should never purchase used earthenware utensils from gentiles to use them for hot foods, e.g., pots and plates. This applies even when they are coated with leaded. If one purchased such a utensil and cooked in it from the second day onward, the food is permitted.7
Halacha 3
[The following rules apply when] a person purchases metal or glass dinnerware from a gentile. Utensils that [the gentile] did not use at all should be immersed in the waters of a mikveh. Afterwards, it is permitted to eat and drink with them.8
Utensils that he used for cold [food and drink], e.g., cups, flasks, and pitchers, he should wash them thoroughly9 and immerse them. [Afterwards,] they are permitted. Utensils that he used for hot food: large pots, kettles, and pots used to heat foot, should be purged through hagaalah,10 and immersed in themikveh.11 Afterwards, they are permitted. Utensils that he used by exposing them to fire, e.g., spits and grills, should be exposed to fire12 until they become white-hot and their outer surface falls off.13 They may then be immersed and become permitted for use.
Halacha 4
How is [the purging process of] hagaalah achieved? A small pot is placed into a large pot and they are filled with water until the smaller one is submerged.14Then one must boil it very thoroughly.15
If a large pot was [forbidden],16 one should place dough or mud along its edge [so that] he could fill it with water so that it will flow over its edge.17He [then] boils it.
In all instances, if he used them before boiling [water in them for hagaalah], washing them thoroughly, making them white hot, or immersing them, [the food] is kosher. For any fat [absorbed] in them imparts an unpleasant flavor, as explained.18
Halacha 5
The immersion of the dinnerware that is purchased from gentiles to allow it to be used for eating and drinking is not associated with ritual purity and impurity. Instead, it is a Rabbinic decree.19
There is an allusion20 to this [in Numbers 31:23 that describes Moses' instructions with regard to the spoils taken from Midian:] "Everything that can be passed through fire, you shall pass through fire and it will become pure." According to the Oral Tradition, we learned that the verse is speaking only about purifying [the utensils] from gentile cooking, not from ritual impurity. For there is no ritually impurity that is dispelled by fire. All those who are impure ascend from their impurity through immersion and the impurity stemming from [contact with] a human corpse is [dispelled] through the sprinkling [of water and the ashes of the red heifer]. There is no concept of fire [employed in this context], rather [it is employed] with regard to purification from gentile cooking. Since the verse states "and it will become pure," our Sages said: "Add to it another dimension of purity after passing it through fire to cause it to be permitted because [of its contact] with gentile cooking."21
Halacha 6
[Our Sages] obligate this immersion only for metal22 dinnerware utensils23 that were purchased from a gentile. When, however, a person borrows [such utensils] from a gentile or a gentile left him such utensils as security, it is only necessary to wash them thoroughly, boil them, or expose them to fire. He does not have to immerse [them].24 Similarly, if one purchased wooden or stone utensils, it is only necessary to wash them thoroughly, boil them, or expose them to fire. Similarly, earthenware utensils need not be immersed.25If, however, they are coated with lead, they are considered as metal utensils and require immersion.26
Halacha 7
When a person purchases a knife from a gentile, he must expose it to fire until it become white hot or have it honed in its sharpener.27 If it was a perfectly [smooth] knife without any blemishes, it is sufficient to insert it in hard earth ten times.28 [Afterwards,] one may eat cold food with it.29 If it had blemishes or it was perfectly [smooth], but one desired to use it to eat hot food or to slaughter with it, he should expose it to fire until it becomes white hot or hone it in its entirety.30 If he slaughtered [an animal] with such a knife before purifying it, he should wash thoroughly the place of slaughter.31 If he removes the surface [of the meat around the place of slaughter], it is praiseworthy.32
Halacha 8
When a knife was used to slaughter an animal that was trefe, one should not slaughter with it [again] until it is washed thoroughly, even with cold water or wiped clean with worn-out clothes.33
Halacha 9
There are other substances which are forbidden by the Sages. Even though there is not a basis for their prohibition in Scriptural Law, they decreed against their use34 to separate from the gentiles so that Jews will not intermingle with them and intermarry. They are: It is forbidden to drink [alcoholic beverages] with them35even in a place where there was no suspicion that the wine was poured as a libation. And they forbade eating from their bread or cooked dishes36even in a place where there is no suspicion that the food was forbidden.37
Halacha 10
A person should not drink at a party of gentiles even though boiled wine which is not forbidden38 [is being served] or he is drinking from his own utensils. If the majority of the attendants of the party are Jewish, it is permitted.39We may not drink the beer that they make from dates, figs, or the like. [This is forbidden] only in the place where they are sold.40 If, however, one brought the beer home and drank it there, it is permitted. For the fundamental point of the decree is that one should not feast with [a gentile].
Halacha 11
It is permitted to drink wine from apples, pomegranates, and the like in every place. [Our Sages] did not institute a decree in an uncommon situation. Raisen wine is like ordinary wine and is used for libations.41
Halacha 12
Although [our Sages] forbade bread [baked] by gentiles, there are places were leniency is shown regarding this matter and bread baked by a gentile baker is purchased in a place where there is no Jewish baker and it is in a field, because this is a pressing situation.42 There is, by contrast, no one who will rule that leniency may be shown with regard to bread baked by a homeowner.43 For the primary reason for [our Sages'] decree was [to prevent] intermarriage. If one will eat the bread of a [gentile] homeowner, [it is likely that] he will feast with him.
Halacha 13
[The bread] is permitted [in the following situations]: A gentile lit the oven and a Jew baked within it, a Jew lit the oven and the gentile baked within it, the gentile both lit the oven and baked, but the Jew stirred the fire or reduced it, since he was involved in the baking tasks, [we rule leniently]. Even though he did not do more than throw one piece of wood into the oven, he caused all the bread in it to be permitted. [The rationale is that this requirement] is only to make a distinction that [a gentile's] bread is forbidden.44
Halacha 14
When a gentile cooks wine, milk, honey, quince,45 or the like, i.e., any entity that is usually eaten raw, it is permitted. [Our Sages] issued their decree only with regard to entities that are not eaten at all raw, e.g., meat, unsalted fish, an egg, and vegetables. If a gentile were to cook them from the beginning to the end without the Jew participated in the cooking at all, they are forbidden because they were cooked by gentiles.
Halacha 15
When does the above apply? To [food] that would be served on the table of kings46 to be eaten together with bread,47 e.g., meat, eggs, fish, and the like. When, by contrast, [food] would not be served on the table of kings to be eaten together with bread, e.g., vetch48 cooked by gentiles, it is permitted despite the fact that it is not eaten uncooked. Similar laws apply in all analogous situations. For the fundamental purpose of the decree was to prevent intermarriage, by [hindering] a gentile from inviting [the Jew] to a feast. And when [food] would not be served on the table of kings to be eaten together with bread, a person would not invite a friend [to share a meal] of it.
Halacha 16
When small fish were salted by a Jew or a gentile,49 it is as if they have undergone part of their cooking process. [Therefore] if a gentile roasted them afterwards, they are permitted.50 [Similarly,] whenever a Jew performs a small part of the cooking process, whether at the beginning or at the end, [the food] is permitted. Accordingly, if a gentile placed meat or a pot on the fire and the Jew turned over the meat or stirred the pot or, conversely, the Jew placed [the food on the fire] and the gentile completed [the cooking process], [the food] is permitted.51
Halacha 17
When a gentile salts fish or smokes fruit and in this way prepares them to be eaten, they are permitted. With regard to this decree,52 salted food is not considered as if it were boiling hot, nor is smoking considered as cooking. Similarly, kernels of grain roasted by a gentile are permitted. They were not included in the decree, for a person will not invite a colleague53 to [come and eat] roasted kernels of grain.
Halacha 18
Beans, peas, lentils, and the like that have been cooked by gentiles and are sold are forbidden because of [the decree against] gentile cooking in places where they are served on the tables of kings54 as a relish. [They are also forbidden,] because of prohibited foods in all places for perhaps they were cooked together with meat55 or in a pot in which meat had been cooked.56Similarly, doughnuts that are fried by gentiles in oil are forbidden because of prohibited foods.57
Halacha 19
When a gentile cooked without intending to cook, [the product] is permitted.58What is implied? A gentile lit a fire in a swamp to clean away the overgrowth and grasshoppers were roasted, it is permitted to eat them. [This applies] even in places where they are served on the tables of kings as a relish. Similarly, if he scorches a [kosher animal's] head to remove its hair, it is permitted to partake of the strings of meat and the tips of the ears that were roasted at the time of the scorching.
Halacha 20
[The following rules apply to] dates that were cooked by gentiles. If, initially, they were sweet, they are permitted.59 If they were bitter and the cooking sweetened them, they are forbidden. If they were of intermediate sweetness, they are forbidden.
Halacha 21
Roasted lentils that were kneaded with water or with vinegar are forbidden.60When, however, roasted kernels of wheat or barley are kneaded with water, they are permitted.
Halacha 22
The oil of gentiles is permitted. One who forbids it commits a great sin, for he rebels61 against [the teachings] of the [High] Court who permitted it.62 Even if the oil was cooked, it is permitted. It is not forbidden because of gentile cooking, because we partake of oil uncooked. Nor is it forbidden, because of prohibited foods,63 because meat impairs [the flavor of] oil and spoils it.
Halacha 23
Similarly, when gentile honey was cooked and sweets were made from it, it is permitted for the same reason.64
Halacha 24
Date dregs65 of gentiles that were heated in hot water, whether in a large pot or a small pot, are permitted.66 For the [flavor of forbidden meat absorbed in the pot] impairs its flavor. Similarly, pickled foods to which it is not customary to add vinegar or wine or pickled olives or pickled grasshoppers that are brought from the storehouse are permitted.67 Nevertheless, grasshoppers and pickled foods over which wine is sprinkled are forbidden.68 Similarly, they are forbidden if vinegar - even vinegar made from beer - is sprinkled over them.69
Halacha 25
Why is gentile vinegar made from beer forbidden? Because they cast the dregs of wine into it. Therefore [vinegar] taken from a storage room is permitted.70
Halacha 26
[Gentile] fish brine, in places where it is customary to mix wine into it, is forbidden. If the wine is more expensive than the fish brine, it is permitted. We rule this way in all instances where we suspect that the gentiles mixed a forbidden substance [into a permitted substance]. For a person will not mix something expensive into something that is low-priced, for he will lose. He will, however, mix the low-priced into the expensive, for then he profits.
Halacha 27
When a child eats forbidden foods or performs a forbidden labor on the Sabbath,71 the Jewish court is not commanded to make him cease, because he is not intellectually capable.72
When does the above apply? When he acts on his own initiative.73 It is, however, forbidden [for an adult] to give him [non-kosher food] by hand. [This applies even] to foods forbidden by Rabbinic decree. Similarly, it is forbidden to make him accustomed to desecrating the Sabbath and the festivals.74 [This applies even] to even [performing] activities forbidden as a shvut.75
Halacha 28
Although the Jewish court is not commanded to separate a child from transgressions, his father is commanded to rebuke him so that he withdraws in order to train him in holy conduct, as [Proverbs 22:6] states: "Educate a child according to his way."76
Halacha 29
Our Sages77 forbade [a person from partaking of] food and drink from which the souls of most people are revolted, e.g., food and drink that were mixed with vomit, feces, foul discharges, or the like.78 Similarly, our Sages forbade eating and drinking from filthy utensils from which a person's soul languishes, e.g., the utensils of a lavatory, the glass79 utensils of medical attendants that are used to let blood, and the like.
Halacha 30
Similarly, they forbade eating with unclean and soiled hands and with dirty utensils. All of these matters are included in the general [prohibition]: "Do not make your souls detestable." A person who partakes of these foods is given stripes for rebellious conduct.80
Halacha 31
Similarly, it is forbidden for a person to delay relieving himself at all, whether through defecation or urination.81 Anyone who delays relieving himself is considered among those who make their souls detestable in addition to the severe illnesses he brings upon himself and becoming liable for his life. Instead, it is appropriate for a person to train himself [to eliminate] at specific times so that he will not have to separate himself in the presence of others and not have to make his soul detestable.
Halacha 32
Whoever is careful concerning these matters82 brings an additional measure of holiness and purity to his soul and purges his soul for the sake of the Holy One, blessed be He, as [Leviticus 11:44] states: "And you shall sanctify yourselves and you will be holy, for I am holy."
Blessed be God who grants assistance.
FOOTNOTES
1.
If the pot was made out of metal, it is possible to purge the flavor of the non-kosher food the pot absorbed throughhagaalah. This process is not effective with regard to an earthenware pot.
2.
Since the dish contains meat and the flavor of the forbidden meat was absorbed in the pot, the laws applying to a forbidden substance mixed with its own type apply. Since we do not know how much of the forbidden substance is absorbed in the pot, we assume that the entire pot is forbidden. For this reason, the Rambam does not mention that if there is 60 times the amount of the forbidden food in the kosher food, the kosher food is permitted. For it is very rare that a pot be able to contain sixty times its own volume (Radbaz).
3.
According to the Rambam, it should be tasted by a gentile to determine whether the forbidden flavor is detectable or not, as stated in Chapter 15, Halachah 30. As mentioned, the Shulchan Aruch (Yoreh De'ah 98:1) accepts the Rambam's premise, but the Rama states that in the present age, we do not rely on the statements of a non-Jew who tasted food to determine whether it is kosher or not.
4.
The meaning of the Rambam's words is not clear. Rashi (Avodah Zarah 75b) interprets the term as meaning "which has not been left overnight." Tosafot, by contrast, states that it means "that has not been left for 24 hours." The Shulchan Aruch (Yoreh De'ah103:5) follows the latter view.
5.
After that time, however, the flavor is impaired and thus will not cause a substance cooked in the pot to become forbidden.
6.
This is a safeguard less cooking in a pot that had not been used for non-kosher food for a day lead to cooking in one that had been used for non-kosher food that day (Avodah Zarah, loc. cit.).
7.
Our Sages did not enforce their decree after the fact. Nevertheless, at the outset, an earthenware pot that was used for non-kosher food may never be used.
8.
See Halachah 5 regarding the obligation for this immersion.
9.
Lest any forbidden food be stuck to them.
10.
This will purge any forbidden food that was absorbed in them. There should be at least one day between the last time a pot was used for non-kosher food and the time whenhagaalah is performed.
11.
See Shulchan Aruch (Yoreh De'ah 121:2 which discusses what must be done if they were immersed in the mikveh beforehagaalah was performed.
12.
That the forbidden article and the utensil were in direct contact with fire without a medium of water or any other liquid.
13.
Only then will the forbidden flavor that was absorbed be purged.
14.
In that way, there will not be any portion of it that is not exposed to the water.
15.
I.e., we follow the principle: "As it absorbed a forbidden flavor, so it purges it." Hence boiling it thoroughly will cause any forbidden taste that is absorbed to be purged.
16.
And thus it would be difficult to submerge it a larger pot.
17.
And thus the boiling water will also cover the edge.
18.
In Halachah 2.
19.
As the Jerusalem Talmud (Avodah Zarah5:15) states, this immersion was instituted to mark the article's transition from the impurity of the gentiles.
20.
Most commentaries understand the Rambam as explaining that the requirement for immersion is an asmachta, i.e., an obligation that is essentially Rabbinic in origin. Although our Sages cited a verse that can be seen to allude to it, the intent is not that the obligation is derived from the verse. Instead, the verse is merely a hint which the Rabbis found to allude to their teaching (Rabbenu Nissim).
There are, however, others who note that the Rambam occasionally employs the term he employs here - midvrei sofrim - to refer to obligations and laws that are of Scriptural origin. They are not explicitly stated in the verse, but instead derived through the principles of Biblical exegesis. According to this view, the obligation is of Scriptural origin (the Rashba, Vol. III, Responsum 255, 259).
21.
I.e., after you have purged it from the taste absorbed because of gentile cooking, add another dimension of purity through immersion.
22.
This requirement also applies to glass dinnerware, as stated in Halachah 3.
Avodah Zarah 75b explains the association with metal utensils as follows. Our Sages associated this obligation with the purification of the spoil taken in the war against Midian and the verse which mentions those spoils (Numbers 31:22) refers to metal utensils. Glass utensils are also included, because, halachically, they share similarities to metal utensils.
23.
I.e., utensils used to prepare, serve, or partake of food. Even utensils that are used in the preliminary phases of preparation of food, e.g., a knife used to slaughter or skin an animal, are required to be immersed according to certain authorities [Shulchan Aruch (Yoreh De'ah 120:5)].
24.
For even though he has permission to use them, he has not become their owner. TheKessef Mishneh quotes certain opinions that maintain that utensils taken as security must be immersed, because if the debt is not repaid, they are considered as payment [see Shulchan Aruch (Yoreh De'ah 120:5).
In this context, there are many authorities who question why the utensils that are "purchased" by a gentile before Pesach are not required to be immersed.
25.
Needless to say, plastic utensils need not be immersed.
26.
The Rama ((Yoreh De'ah 120:1) states that they should be immersed without a blessing.
27.
By exposing the knife to fire, the person will burn away any non-kosher substances. By honing it, he will grind away its surface and together with it, the taste of the forbidden substance it absorbed.
28.
One must insert it in ten different places in the earth. It is not sufficient to insert it in the same place ten times [Tur and Shulchan Aruch (Yoreh De'ah 121:7)].
29.
For sticking it into the earth will remove any traces of forbidden fat on its surface and the taste of forbidden food that is absorbed will not be released when it is used for cold food.
30.
These activities may cause any forbidden taste absorbed by the knife to be released. Hence before the knife is used, the traces of the forbidden flavor must be removed as above.
The Rama (Yoreh De'ah 121:7) quotes opinions that maintain that honing the knife is not sufficient to allow it to be used for hot foods. He states that this is accustomed practice. Even so, after the fact, if a person slaughtered an animal with a knife that was honed in a grinder, thre is no prohibition involved (Siftei Cohen 121:20).
31.
To remove any traces of forbidden fat that might be present.
This is permitted only after the fact. At the outset, it is forbidden to slaughter with such a knife unless measures are taken to remove the absorbed fat (Siftei Cohen 10:8).
32.
For according to some opinions, through the slaughter of the animal, the forbidden fat on the knife can become absorbed in the surface of the meat where the animal was slaughtered. Hence it is necessary that it be removed. The Rama (Yoreh De'ah 10:1) rules that it is necessary to take this measure and remove the surface of the meat.
33.
To remove any trace of forbidden blood or fat. Nothing more is necessary, we do not say that the blood or fat became absorbed in the knife.
The Turei Zahav 10:15 states that unlike a knife used by gentiles mentioned in the previous halachah, it was not used frequently with a non-kosher substance. Hence washing it thoroughly is sufficient.
34.
These decrees were about the eighteen decrees passed when the students of the School of Shammai outnumbered the students of the School of Hillel, as related inShabbat 1:3 (the Rambam's Commentary to the Mishnah, Avodah Zarah 2:6).
35.
See the following halachah.
36.
See Halachot 12-24.
37.
E.g., the food was cooked by gentiles on Jewish premises (the Rambam's Commentary to the Mishnah, loc. cit.).
38.
See Chapter 11, Halachah 9.
39.
The Tur and the Shulchan Aruch do not mention this restriction or the accompanying leniency. The Beit Yosef (Yoreh De'ah 112) explains the Rambam's logic as follows:Avodah Zarah 30a relates that one of the Sages, Shmuel was sitting with Abalat, a gentile. They were served boiled wine. Abalat withdrew, lest he touch the wine and cause it to become forbidden. Shmuel called him back, telling him there was no prohibition against boiled wine.
Rabbenu Asher asks: Since the prohibition against gentile wine was instituted as a protection against intermarriage, what difference does it make whether the wine is boiled or not? He answers that boiled wine is not common. Hence our Sages did not include it in their decree.
Rambam maintains that boiled wine is common and hence included in our Sages' decree. For this reason, it is forbidden to drink it together with gentiles. How then could Shmuel drink with Abalat? Because there were a majority of Jews at the gathering and such a situation is not included in our Sages' decree.
40.
Thus according to the Rambam [and theShulchan Aruch (Yoreh De'ah 114:1) who quotes his ruling, it is forbidden to drink at a bar frequented primarily by gentiles. The Rama mentions that it is customary in the Ashkenazic community to rule leniently with regard to alcoholic beverages made from honey and grain.
41.
Hence a gentile's touch renders it forbidden.
42.
Because bread is a staple of life and there is no Jewish bread available, our Sages allowed for leniency when purchasing bread from a commercial baker. For buying from him will not lead to close personal relationships. Nevertheless, according to the Rambam, this leniency is granted only: where there is no Jewish bakers and in the fields, not in the cities. The Shulchan Aruch(Yoreh De'ah 112:2) rules more leniently and does not forbid this in a city. The Rama rules even more leniently and allows the purchase of bread from a gentile baker even in places where bread from a Jewish baker is available.
43.
There are opinions which maintain when there is no bread from a commercial baker available, one may even use bread baked by a gentile homeowner [Shulchan Aruch(Yoreh De'ah 112)]. The Rama states that one may accept this leniency.
44.
The Radbaz states that this leniency applies only with regard to baking bread. With regard to cooking, a Jew must take a more active role in the cooking process. This ruling is quoted by the Shulchan Aruch(Yoreh De'ah 113:7). The Rama, however, differs and maintains that kindling the oven is sufficient for cooking as well.
45.
There is a slight difficulty with the Rambam's statements, because quince are only edible when cooked.
46.
Today, when monarchy is a point of history, the phrase "fit to be served on the table of kings" refers to food served at a dinner for the President or dignitaries of similar status.
47.
Avodah Zarah 38a gives this and the leniency mentioned in the previous halachah as alternate explanations when food cooked by gentiles is permitted. Since the matter is left unresolved by the Talmud, the Rambam and the subsequent authorities rule leniently in both situations.
48.
A legume used as cattle fodder, but also served to humans on occasion.
49.
The Radbaz that this is speaking about fish that are frequently served salted even without being cooked (e.g., sardines or herring served in brine). It is permitted to eat such fish for, as the Rambam states in the following halachah, in this context, salting is not considered as cooking. This leniency does not apply to large fish, for they are unfit to be eaten unless they are cooked or roasted. The Shulchan Aruch (Yoreh De'ah103:12) mentions this ruling, but also a dissenting view that allows leniency even with regard to large fish.
50.
Since they were fit to be eaten before they were roasted, the fact that they were roasted by a gentile afterwards does not cause them to be forbidden. This applies even when a gentile performed the salting. For that salting did not cause the fish to become forbidden and yet, it made it fit to be eaten (ibid.).
51.
In his Kessef Mishneh, R. Yosef Caro rules that this applies only when the cooking process would have been completed without the gentile's activity; the gentile merely hastened it. He does not, however, quote this ruling in his Shulchan Aruch. The Rama (Yoreh De'ah 113:6) rules that even if the food would not have cooked without the gentile's activity, it is permitted. The Turei Zahav 113:6 and the Siftei Cohen 113:8, however, raise questions concerning that leniency.
52.
In contrast to certain other halachic contexts.
53.
See the conclusion of Halachah 15.
54.
Implied is that the designation of a food as important enough to be served on the tables of kings is a relative matter, determined by each locale in accordance with its own practice (Makor Mayim Chayim).
55.
For this is frequently done in order to flavor beans.
56.
I.e., cooked that day. The Kessef Mishnehstates that, according to the Rambam, we assume that a pot owned by a gentile had been used to cook non-kosher food that day. This is not the view of the majority of Halachic authorities.
57.
For we fear that the gentile used non-kosher fat or that the fryer in which they are prepared was used that day for non-kosher meat.
58.
When quoting this law, Shulchan Aruch(Yoreh De'ah 113:5) emphasizes that if the gentile intends to cook, even if he did not intend to cook a particular substance, that substance is forbidden. For example, when a gentile lit an oven with the intent of cooking food without realizing that there was meat in the oven, the meat is forbidden.
59.
Since they can be eaten fresh, they are not forbidden when cooked (Halachah 14).
60.
Avodah Zarah 38b relates that it was customary to eat a dish made from roasted lentils mixed with vinegar. This was considered like cooking. As a safeguard against partaking of such a mixture, they also forbade roasted lentils mixed with water. It was not, however, customary to partake of grain mixed with vinegar. Hence, there was no reason to forbid grain mixed with water.
61.
The wording the Rambam uses alludes to the Biblical prohibition of the rebellious elder (see Deuteronomy, ch. 17, and Hilchot Mamrim, ch. 3). The Jerusalem Talmud (Avodah Zarah 2:8) relates that Rav once refused to partake of gentile oil. Shmuel ordered him to do so. "If not," he threatened, "I will have you labeled a rebellious elder."
62.
Avodah Zarah 35b states that Rabbi Yehudah HaNasi and his court permitted gentile oil to be used.
63.
I.e., the flavor of forbidden meat absorbed in the pot.
64.
I.e., because it is ordinarily eaten raw and because meat spoils its flavor.
65.
Which would be boiled to make beer.
66.
Avodah Zarah 38b originally postulates that only date dregs cooked in small pots with openings to narrow to put in non-kosher meat are forbidden. The conclusion of the passage, however, permits even date dregs cooked in large pots for the reason mentioned by the Rambam.
67.
In some halachic contexts, pickling is considered as cooking. Nevertheless, with regard to this prohibition, our Sages ruled leniently. We do not forbid them because of the suspicion that wine or vinegar will be sprinkled over them, because wine or vinegar would not be sprinkled over them in the storeroom, only in a retail outlet [Rashi (Avodah Zarah 39b)].
68.
Because of the gentile wine.
69.
As stated in Chapter 11, Halachah 13, vinegar made from gentile wine is forbidden. And as indicated in the next halachah, other types of vinegar are also forbidden.
70.
For if wine dregs were cast into the vinegar in the storage room, it would spoil (Avodah Zarah 32b). In a store, however, we assume that it will be sold quickly and in that brief time, it will not spoil (Turei Zahav 114:5).
71.
Although the Rambam's wording in Hilchot Shabbat 24:11 might lead one to think that one must rebuke a child for performing a task forbidden by Scriptural Law, both theMaggid Mishneh and the Kessef Mishnehexplain that his statements there should be interpreted within the context of his statements here.
72.
Hence, he is not responsible for his actions.
73.
Note, however, the Rama (Orach Chayim243:1) which quotes opinions that maintain that once a child has reached the age where he is fit to be educated in the observance of the mitzvot, the court - and every individual person - is obligated to rebuke for transgressing.
74.
To give a contemporary example, a parent cannot have a child turn lights on and off on the Sabbath.
75.
As the Rambam explains in Hilchot Shabbat21:1, the term shvut refers to activities forbidden by Rabbinic Law, because they resemble forbidden labors or because they might lead one to commit a forbidden labor.
Note, however, the Shulchan Aruch HaRav243:1 which rules that when there is a necessity, not even a severe necessity, Rabbinic prohibitions can be overstepped with regard to a child.
76.
This is a general charge, applying to the Torah and its mitzvot in their totality.
77.
See the notes to the following halachah with regard to whether these restrictions are of Scriptural or Rabbinic origin.
78.
The Radbaz states that one partake of such foods for curative purposes if necessary.
79.
The Bayit Chadash (Yoreh De'ah 116) states that this also applies to metal utensils. The Rambam mentions glass only because that was the ordinary practice at that time.
80.
See the Beit Yosef (Yoreh De'ah 116) who debates whether the prohibition mentioned in this and the previous halachah are of Rabbinic or Scriptural origin. It is possible to explain that the restrictions were instituted by the Rabbis and they employed the Biblical verse merely as an asmachta, an allusion and a hint, but not a source per se.
The wording of the Rambam here and his statements in Sefer HaMitzvot (negative commandment 179) imply that the prohibition itself is Scriptural in origin. The only reason a person is not given lashes is because the simple meaning of the verse refers to the prohibition against teeming animals.
81.
See Shulchan Aruch HaRav, Mahadura Basra 3:11 which mentions several points concerning this restriction:
a) Our Sages did not, however, require their ordinance to override considerations of public embarrassment. For example, [a person is allowed to wait] until he finds a private place to relieve himself or until he will not be causing an interruption in prayer.
b) The Rashba maintains that the prohibition "not [to] make your souls detestable" does not apply to deferring urination. c) Whenever one can contain himself, whether from urinating or from eliminating, for the length of time it takes to walk a parsah (a Persian measure equal to approximately four kilometers), all opinions agree that the prohibition "not [to] make yourselves loathsome" does not apply.
82.
It would appear that the Rambam's intent is not only the subjects spoken about in the last halachot, but also the totality of the laws of kashrut.
Shechitah - Chapter 1
Halacha 1
It is a positive commandment1 for one who desires to partake of the meat of a domesticated animal, wild beast, or fowl to slaughter [it] and then partake of it,2 as [Deuteronomy 12:21] states: "And you shall slaughter from your cattle and from your sheep." And with regard to a firstborn animal with a blemish,3[ibid.:22] states: "As one would partake of a deer and a gazelle." From this, we learn that a wild beast is [governed by] the same [laws] as a domesticated animal with regard to ritual slaughter.
And with regard to a fowl, [Leviticus 17:13] states: "that will snare a beast or a fowl as prey... and shed its blood." This teaches that shedding the blood of a fowl is analogous to shedding the blood of a wild beast.4
Halacha 2
The laws governing ritual slaughter are the same in all instances.5Therefore one who slaughters a domesticated animal, beast, or fowl should first6 recite the blessing: "[Blessed...] who sanctified us with His commandments and commanded us concerning7 ritual slaughter." If he did not recite a blessing, either consciously or inadvertently, the meat is permitted.8
It is forbidden to partake of a slaughtered animal throughout the time it is in its death throes.9 When a person partakes of it before it dies, he transgresses a negative commandment. [This act] is included in the prohibition [Leviticus 19:26]: "Do not eat upon the blood." He does not, however, receive lashes.10
It is permitted to cut meat from it after it has been ritually slaughtered, but before it dies. That meat should be salted thoroughly, washed thoroughly,11and left until the animal dies. Afterwards, it may be eaten.
Halacha 3
Fish and locusts need not be slaughtered. Instead, gathering them causes them to be permitted to be eaten. [This is indicated by Numbers 11:22]: "Can sheep and cattle be slaughtered for them that will suffice them? If all the fish of the sea would be gathered for them...." This indicates that gathering fish is like slaughtering cattle and sheep. And with regard to locusts, [Isaiah 33:4] states: "the gathering of the locusts," i.e., gathering alone [is sufficient]. Therefore if fish die naturally in the water, they are permitted.12 And it is permitted to eat them while they are alive.13
Halacha 4
The slaughter which the Torah mentions without elaboration must be explained so that we know: a) which place in the animal is [appropriate] for ritual slaughter?, b) what is the measure of the slaughtering process?, c) with what do we slaughter?, d) when do we slaughter?, e) in which place [on the animal's neck] do we slaughter? f) how do we slaughter, g) what factors disqualify the slaughter? h) who can slaughter?14
We were commanded concerning all of these factors in the Torah with the verse [Deuteronomy 12:21]: "And you shall slaughter from your cattle... as I commanded you." All of these factors were commanded to us orally as is true with regard to the remainder of the Oral Law which is called "the mitzvah," as we explained in the beginning of this text.15
Halacha 5
The place where an animal should be slaughtered is the neck. The entire neck is acceptable for slaughtering.
Halacha 6
Halacha 7
Where is the place of slaughter with regard to the windpipe? From the slant of its cap22 downward until the beginning of the flank of the lung when the animal extends its neck to pasture,23 this is the place of slaughter with regard to the windpipe. The area opposite this place on the outside is called the neck.
Halacha 8
When the animal strained itself and extended its neck exceedingly or the slaughterer applied exertion to the signs and extended them upward, but slaughtered in the neck at the place of slaughter, there is an unresolved doubt24 whether [the animal] is a nevelah. For the place where the gullet and windpipe were cut is not the place where [the animal] is [usually] slaughtered.25
Halacha 9
The slaughterer must slaughter in the center of the neck. If he slaughters to the side, it is acceptable.26
What is the measure of slaughter? That one [cut] the two identifying marks, the windpipe and the gullet.27 Superior slaughter involves cutting both of them, whether for an animal or a fowl and a slaughterer should have this intent. [After the fact,] if one cut the majority of one of them for a fowl and the majority of both of them for an animal or a beast, the slaughter is acceptable.
Halacha 10
When one cut one sign entirely and half28 of the other sign when slaughtering an animal, his slaughter is unacceptable. If he cut the majority of both signs, even though in each instance he cuts only a hair's breadth more than half, it is acceptable. Since he cut even the slightest amount more than half,29 he has cut the majority.
Halacha 11
If he cut half30 of one and half of the other - even in a fowl - the slaughter is unacceptable. When a windpipe is half slit31 and one cut a little more on the place of the slit, making the cut a majority, the slaughter is acceptable. [This applies] whether one begins [on a portion of the windpipe] that is intact and reaches the slit or one inserts the knife into the slit and [increases its size until it] reaches the majority.
Halacha 12
Halacha 13
During its lifetime, every animal is considered to be forbidden until it is definitely known that it was slaughtered in an acceptable manner.35
Halacha 14
With what can we slaughter? With any entity, with a metal knife, a flint, glass, the edge of a bulrush,36 or the like among the entities that cut. [This applies] provided its edge is sharp and does not have a barb. If, however, there was a spike at the edge of the entity with which one slaughters, even if the spike is very small,37 the slaughter is unacceptable.38
Halacha 15
If the spike was on only one side of the knife, one should not slaughter with it [at the outset]. [After the fact,] if one slaughtered with it using the side on which the blemish was not detectable, the slaughter is acceptable.
Halacha 16
What is implied? There was a knife that was checked by passing it [over one's finger] and no blemish was felt on it, but when one drew it back, one felt that it had a blemish. If one slaughtered with it by passing it forwards and did not draw it back, the slaughter is acceptable. If one drew it back, the slaughter is unacceptable.39
Halacha 17
When a knife ascends and descends [in a curve] like a snake40 but does not have a blemish, one may slaughter with it as an initial and preferred option. When the edge of a knife is smooth, but is not sharp, one may slaughter with it, since it does not have a blemish.41 Even though one passes it back and forth the entire day until the slaughter [is completed], the slaughter is acceptable.42
Halacha 18
When a sharp knife has been whetted, but its [blade] is not smooth, instead, touching it is like touching the tip of an ear of grain which becomes snarled on one's finger, [nevertheless,] since it does not have a blemish, one may slaughter with it.43
Halacha 19
When a person uproots a reed or a tooth or cuts off a flint or a nail, if they are sharp and do not have a blemish, one may slaughter with them.44 If one stuck them into the ground, one should not slaughter with them while they are stuck into the ground. [After the fact,] if one slaughtered [in such a situation],45 one's slaughter is acceptable.46
Halacha 20
When one slaughtered with these entities when they were connected from the beginning of their existence, before they were uprooted, the slaughter is unacceptable47 even if they do not have a blemish.
Halacha 21
Halacha 22
When one made a knife white-hot in fire and slaughtered with it, the slaughter is acceptable.50 If one side of a knife is [jagged-edge like] a sickle and the other side is desirable, [i.e., smooth,] one should not slaughter with the desirable side as an initial and preferred measure. [This is] a decree lest one slaughter with the other side. If one slaughtered [with it], since one slaughtered with the desirable side, the slaughter is acceptable.
Halacha 23
A slaughterer must check the knife at its tip and at both of its sides [before slaughtering]. How must he check it? He must pass it over and draw it back over the flesh of his finger and pass it over and draw it back51 over his fingernail on three edges, i.e., its tip and both of its sides so that it will not have a blemish at all. [Only] afterwards, should he slaughter with it.
Halacha 24
It must [also] be inspected in this manner after slaughter.52 For if a blemish is discovered on it afterwards, there is an unresolved doubt whether the animal is a nevelah.53 For perhaps [the knife] became blemished [when cutting] the skin and when he cut the signs, he cut them with a blemished knife.54
For this reason, when a person slaughters many animals or many fowl,55 he must inspect [the knife] between each [slaughter]. For if he did not check, and then checked [after slaughtering] the last one and discovered [the knife] to be blemished, there is an unresolved doubt whether all of them - even the first - are nevelot56 or not.57
Halacha 25
When one inspected a knife, slaughtered with it, but did not inspect it after slaughtering, and then used it to break a bone, a piece of wood, or the like, and afterwards, inspected it and discovered it to be unacceptable, his slaughter is acceptable. [The rationale is that] the prevailing assumption is that the knife became blemished on the hard entity which it was used to break.58Similarly, if one was negligent and did not check his knife [after slaughtering] or the knife was lost before it could be checked, the slaughter is acceptable.59
Halacha 26
Whenever a slaughterer60 does not have the knife with which he slaughters inspected by a wise man61 and uses it to slaughter for himself, we inspect it. If it is discovered to be desirable [and passes] the examination, we, nevertheless, place him under a ban of ostracism [lest] he rely on himself on another occasion and then the knife will be blemished, but he will still slaughter with it. If [upon examination] the knife is discovered to be blemished, he is removed from his position and placed under a ban of ostracism. We pronounce all the meat that he slaughtered to be unacceptable.62
Halacha 27
Halacha 28
FOOTNOTES
1.
Sefer HaMitzvot (positive commandment 146) and Sefer HaChinuch (mitzvah 451) include this among the 613 mitzvot of the Torah. As mentioned at the beginning of theMishneh Torah, the Ra'avad differs and does not consider this a mitzvah.
2.
The Rambam's wording echo his statements in Hilchot Berachot 11:2: "There are other mitzvot that are not obligations, but resemble voluntary activities, for example, the mitzvah of mezuzah.... A person is not obligated to dwell in a house that requires a mezuzah in order to fulfill this mitzvah." Similarly, in the instance at hand, a person is not obligated to slaughter. If, however, he desires to eat meat, he must fulfill this mitzvah.
3.
Note the Kessef Mishneh who elaborates, explaining that although Rashi does not interpret the verse in the same manner the Rambam does, there is support for the Rambam's interpretation.
4.
I.e., in both instances, ritual slaughter is required. The Kessef Mishneh notes thatChulin 27b derives this equivalence from another source and explains why the Rambam cites this verse instead.
5.
See the gloss of the Kessef Mishneh who explains that there are some differences between the laws governing the slaughter of each of these types of animals.
6.
For the blessings for all mitzvot must be recited before their observance (Pesachim7b).
7.
We do not, however, say "to slaughter," for, as above, the mitzvah to slaughter is not obligatory. It is dependent on the person's desire (Hilchot Berachot 11:15).
8.
For after the fact, the recitation of the blessings is not essential (Kessef Mishneh).
9.
Partaking of the meat at this time does not, however, represent a transgression of the prohibitions against eating a limb or flesh from a living animal (see Hilchot Ma'achalot Assurot, ch. 5). For once the animal has been slaughtered, these prohibitions no longer apply.
10.
This prohibition is considered as a prohibition of a general nature (Hilchot Sanhedrin 18:2-3), i.e., prohibitions that include several diverse and unrelated acts, and lashes are not given for the violation of such prohibitions.
11.
The Rambam's words provoke a question: Of course, this meat must be salted thoroughly as must all meat so that its blood will be removed (Hilchot Ma'achalot Assurot6:10). Why would one think that this meat is different?
It would appear that the explanation is that other meat may be eaten if it is roasted or its blood sealed by being cast into vinegar (ibid.:12) and these options do not apply with regard to the meat in question.
12.
One might think that man would have to gather them alive for them to be permitted. Hence the Rambam emphasizes that this is not so (Kessef Mishneh). The general principle is: Whenever the mitzvah of ritual slaughter does not apply, the prohibitions against eating flesh from a living animal and eating a dead animal do not apply.
13.
The commentaries note that Shabbat 90b states that one who eats a live locust violates the prohibition: "Do not make your souls detestable." [See also Rama (Yoreh De'ah 13:1) who issues a similar warning with regard to partaking of live fish.) How the can the Rambam say that it is permitted?
Among the resolutions of this question are:
a) The passage in Shabbat refers only to a non-kosher locust, not a kosher one.
b) The Rambam, here, is saying that one may cut off part of a living locust and eat it, but not that one may eat an entire locust alive.
c) Here the Rambam is speaking with regard to the laws regarding ritual slaughter. He is not focusing on those involving other prohibitions.
14.
In the following chapters, the Rambam proceeds to answer all of these questions.
15.
I.e., in the Introduction that precedes Hilchot Yesodei HaTorah. There the Rambam explains that the Oral Law is called "the mitzvah," because it gives us instruction concerning the observance of the mitzvot. Without it, we would not know how to fulfill them.
16.
As will be explained in Halachah 9, ritual slaughter involves cutting the gullet and the windpipe. In this halachah, the Rambam defines where the gullet may be cut.
17.
In contrast to the surface of the gullet which is smooth.
18.
I.e., the end of the throat, where it is attached to the jaw..
19.
The animal is considered a nevelah and it is forbidden to partake of it. See Chapter 3, Halachah 18 (Kessef Mishneh, note Siftei Cohen 20:5).
20.
This is the Rambam's interpretation of Chulin44a. Rashi interprets that passage as referring to a space the size of four fingers. The Shulchan Aruch (Yoreh De'ah 20:2) follows the Rambam's understanding, while the Rama cites that of Rashi.
21.
The first of the fowl's stomachs. The crop is not considered part of the gller and it is forbidden to slaughter there.
22.
The windpipe is made up of a series of rings. Above the top ring, there is a slanted covering that is called the cap.
23.
When the animal extends its neck, the flanks of its lungs rise upward.
24.
See Chulin 45a which discusses these questions but leaves them unresolved.
25.
I.e., the place of slaughter on the neck should be aligned with the place of slaughter on the windpipe and the gullet in their natural position. In this instance, the external place of slaughter - the position on the neck - was correct, but the signs were not cut in the usual place.
26.
This applies only after the fact. At the outset, one must slaughter in the center of the neck.
27.
Since the acceptability of the slaughter is dependent on them, they are referred to as the simanim, "signs," i.e., indications that the slaughter is acceptable.
28.
But not the majority.
29.
See the Turei Zahav 21:2 who emphasizes that the difference in size need not be significant. As long as more than half is cut, the slaughter is acceptable.
30.
But no more than half.
31.
This is speaking about a situation where the animal is alive. The fact that an animal's windpipe is slit slightly does not cause it to be considered as a trefe. The Rama (Yoreh De'ah 21:5) adds that we must be careful that the gullet has not been punctured, for that would render the animal trefe. See theTurei Zahav 21:4 and the Siftei Cohen 21:5 who debate whether it is possible to rely on this leniency at present. See also Chapter 3, Halchot 6-7.
32.
To make sure that the minimal measure for slaughter was slit.
33.
Obviously, once the head is cut off, it is no longer possible to check.
34.
Because of the doubt involved. See the following halachah.
35.
This is the rationale for the stringency stated in the previous halachah (Kessef Mishneh).
36.
The Kessef Mishneh notes that many marsh plants splinter easily and they are unacceptable for they will perforate the gullet.
37.
Generally, it is accepted that a spike that can be detected by a fingernail disqualifies an animal. Nevertheless, the Rambam appears to be referring to an even smaller measure. His approach is followed by theShulchan Aruch (Yoreh De'ah 18:2) which speaks of a spike that is even the size of a hairsbreadth being sufficient to disqualify a knife.
Alternatively, it can be understood that the two are synanomous. This understanding is reflected by Hilchot Beit HaBechirah 1:14 which speaks about "a stone being blemished so that a fingernail would become caught in it like a knife used for ritual slaughter."
38.
For the spike will perforate the gullet, rendering the animal trefe before the slaughter was completed (Maggid Mishneh).
39.
The commentaries offer two explanations for this ruling. The Rambam's position is that when the spike is felt only on one side of the knife, one may slaughter with that side. Others add that the blemish must be positioned to the very far end of the knife, either near its point or near its handle. In such an instance, it is possible that the blemish never actually touched the signs and thus did not disqualify the ritual slaughter. See Shulchan Aruch [Yoreh De'ahand Rama (18:4)].
40.
Who raises his head and tail, creating a curve for its body (Kessef Mishneh).
41.
Since it does not have a blemish, it will not disqualify the signs.
42.
Provided one does not interrupt the slaughter in the middle as stated in Chapter 3, Halachah 2.
43.
The Rama (Yoreh De'ah18:6) writes that since it is difficult to understand what exactly is meant by such a knife, we do not permit this leniency.
44.
As apparent from Halachah 14.
45.
For example, by passing the animal's neck back and forth below the knife [Shulchan Aruch (Yoreh De'ah 6:4)].
46.
As indicated by the following halachah, an entity may not be used for ritual slaughter if it is connected to its source. When an entity is stuck into the ground, it is not connected to its source and hence, after the fact, the slaughter is acceptable. Nevertheless, because of the similarity to the forbidden situation, initially, one should not use such an entity for slaughter.
47.
Chulin 16a states that it is a Scriptural decree that the cutting edge used for slaughter must be a separate entity, something that one could take in his hand.
48.
I.e., a blade with a jagged edge which is unacceptable as stated above.
49.
Since the jaw as a whole is moveable, we are not concerned with the fact that the tooth is in a fixed position (Kessef Mishneh).
50.
We do not say that rather than cut the signs, the knife burnt them. The latter would disqualify the slaughter.
It must be noted that the Tur (see also the gloss of the Radbaz) quotes the Rambam as ruling that the slaughter is unacceptable for the above reason. This approach is also followed by many other Rishonim. In hisKessef Mishneh, Rav Yosef Caro states that the Rambam rules that the slaughter is acceptable. In his Shulchan Aruch (Yoreh De'ah 9:1), however, he quotes both views without stating which should be followed. All authorities agree that such a knife should not be used as an initial and preferred option.
51.
Using the same motions as he would use to slaughter an animal.
52.
The Ra'avad differs with the Rambam, maintaining that after ritual slaughter, no inspection is necessary unless the person desires to use the knife to slaughter another animal immeidately. In his Kessef Mishneh, Rav Yosef Caro justifies the Rambam's ruling and he cites it in his Shulchan Aruch(Yoreh De'ah 18:3).
53.
This ruling also depends on the principle stated in Halachah 13, that during its lifetime, an animal is forbidden. Hence it is not permitted unless we are certain that it was slaughtered in a proper manner (Radbaz;Siftei Cohen 18:2).
54.
And this would cause the slaughter to be unacceptable as mentioned above.
55.
The Kessef Mishneh notes that since the skin of a fowl is soft, it is not very probable that this caused the blemish on the knife. Nevertheless, our Sages adopted this stringency.
56.
See Chapter 3, Halachah 18, for the ramifications of this ruling.
57.
I.e., it is possible that the knife could have become blemished when cutting the skin of the first animal. Hence, that animal - and all the subsequent ones - were slaughtered with an unacceptable knife.
58.
Since he checked the knife at the outset and it was acceptable, we rely on probability. As long as we have a way of explaining how the knife was blemished, we do not say it was blemished on the animal's skin, for the likelihood of that happening is very low.
59.
Here also, since the knife was inspected initially, there is no reason to suspect that the slaughter was unacceptable, we do not disqualify it [Shulchan Aruch (Yoreh De'ah18:12)] .
60.
This is referring to a slaughterer who slaughters on behalf of people at large, not only for his own private purposes.
61.
The Radbaz notes that the Rambam's words appear to differ slightly from the simple meaning of Chullin 18a, his source. From Chullin, it appears that the necessity to show the knife to the wise man is a mere token of respect, while from the Rambam it appears that it is a necessary safeguard to check that the slaughter is kosher.
The difference between these approaches can lead to a variance in practice. If we say that this inspection is merely for the sake of respect, then the sages may forgo the respect due them and allow an expert to slaughter even though he does not present his knife. If, however, it is a necessary precaution to insure that the slaughter is performed correctly, an inspection is always necessary.
Both of these perspectives have continued to be given emphasis throughout the Rabbinic literature, although the halachah as prescribed by the Shulchan Aruch (Yoreh De'ah 18:17) is that a sage may forgo the honor due him. The present custom in many slaughtering houses today is for the slaughterers to work in pairs and for one to check the knife of the other. At times, a visiting Rabbinic authority comes and he inspects the knives of all of the slaughterers.
62.
I.e., we assume that not only on this occasion, but on others, he slaughtered using an unacceptable knife, thus disqualifying the meat.
63.
As will be explained, ritual slaughter is accomplished by drawing the knife back and forth across the neck. If a knife is two small to enable this, it should not be used [Shulchan Aruch (Yoreh De'ah 8:1)].
64.
See the Ramah (Yoreh De'ah 24:2) who quotes opinions that require a knife used to slaughter a animal to be twice the length of the animal's neck. The custom is also to use a knife of such measure for a fowl.
65.
Two candles are considered a torch [Rama (Yoreh De'ah 11:1)].
66.
Otherwise, it is possible that the animal will be slaughtered incorrectly without him realizing.
67.
Nevertheless, it is forbidden to do so as an initial and preferred option [Shulchan Aruch(Yoreh De'ah 11:1)].
68.
I.e., he was not aware that the day was either the Sabbath or Yom Kippur; alternatively, he did not know that it was forbidden to slaughter on these holy days.
69.
The Turei Zahav 11:2 states that one must, nevertheless, wait until the conclusion of the Sabbath or Yom Kippur before partaking of the meat, as is the law when one cooks on the Sabbath.
70.
For slaughtering on the Sabbath.
71.
If he does so intentionally, he is considered as an apostate who desecrates the Sabbath and his slaughter is disqualified (the Rambam's Commentary to the Mishnah,Chullin 1:1; see Chapter 4, Halachah 14). The Siftei Cohen 11:23 states that in certain instances the leniency would also apply if he slaughters intentionally.
Shechitah - Chapter 2
Halacha 1
It is permitted to slaughter an animal in any place except the Temple courtyard. For only animals consecrated for [sacrifice on the altar] may be sacrificed in the Temple courtyard. Ordinary animals, by contrast, whether domesticated animals, beasts, or fowl, are forbidden to be sacrificed in the Temple courtyard. Similarly, [Deuteronomy 12:21] states with regard to meat [which man] desires [to eat]:1 "When the place that God will choose will be distant from you... and you shall slaughter from your cattle and your sheep... and you shall eat in your gates." One may infer that meat [which man] desires [to eat] may be slaughtered only outside "the place that God will choose."
Halacha 2
[Meat from animals] slaughtered outside this [holy] place is permitted to be eaten everywhere. If, however, one slaughters an ordinary animal in the Temple courtyard, that meat is ritually pure,2 but it is forbidden to benefit from it like meat mixed with milk and the like. It must be buried; [if it is burnt,] its ashes are forbidden [to be used].3
[The above applies] even if one slaughters for healing purposes,4 to feed a gentile, or to feed dogs. If, however, one cuts off an animal's head in the Temple courtyard, one rips the signs from their place, a gentile slaughters, [a Jew] slaughters, but the animal was discovered to be trefe, or one slaughters a non-kosher domesticated animal, beast, or fowl in the Temple courtyard, it is permitted to benefit from all of the above.5
Halacha 3
This does not apply only to domesticated animals or beasts. Instead, it is forbidden to bring all ordinary food into the Temple courtyard. [This includes] even meat from a slaughtered [animal], fruit, or bread.6 If one transgresses and brings in such food, it is permitted to partake of this food as it was beforehand.
All of the above concepts are part of the Oral Tradition. Whenever anyone slaughters in the Temple courtyard or eats an olive-sized portion of the meat of ordinary [animals that were] slaughtered in the Temple courtyard, he is liable for stripes for rebellious conduct.7
Halacha 4
[The following rule applies when] a person says: "This animal is [consecrated as] a peace offering, but [the fetus it is carrying] remains of ordinary status." If it is slaughtered in the Temple courtyard, it is permitted to partake of its offspring, because it is forbidden to slaughter [the mother] outside [the Temple courtyard].8
Halacha 5
One should not slaughter into9 seas or rivers, lest [an onlooker] say: "He is worshipping the water,"10 and it would appear as if he is offering a sacrifice to the water. Nor should one slaughter into a utensil filled with water, lest one say: "He is slaughtering into the form that appears in the water."11 Nor should he slaughter into utensils12 or into a pit for this is the way of idolaters. If one slaughters in the above manner, his slaughter is acceptable.
Halacha 6
One may slaughter into murky water in which an image may not be seen. Similarly, one may slaughter outside a pit and allow the blood to flow and descend into a pit. One should not do this in the marketplace so as not to mimic the gentiles. [Indeed,] if one slaughters into a pit in the marketplace, it is forbidden to eat from his slaughter until his [character] is examined, lest he be a heretic.13
It is permitted to slaughter on the wall of a ship, [although] the blood will flow down the wall and descend into the water.14 [Similarly,] it is permitted to slaughter above [the outer surface of] utensils.
Halacha 7
How does one slaughter? One extends the neck and passes the knife back and forth until [the animal] is slaughtered. Whether the animal was lying down15or it was standing and one held the back of its neck, held the knife in his hand below, and slaughtered, the slaughter is acceptable.
Halacha 8
If one implanted a knife in the wall and brought the neck [of an animal back and forth] over it until it was slaughtered, the slaughter is acceptable, provided the neck of the animal is below and the knife is above.16 For if the neck of the animal will be above the knife, it is possible that the animal will descend with the weight of its body [on the knife] and cut [its throat] without [it being brought back and forth].17 This is not ritual slaughter, as will be explained.18 Therefore, if we are speaking about a fowl, whether its neck is above the knife that is implanted or below it, the slaughter is acceptable.19
Halacha 9
When a person slaughters and draws the knife forward, but does not draw it back, draws it back, but does not draw it forward, his slaughter is acceptable.20
If he drew the knife back and forth until he cut off the head entirely, his slaughter is acceptable. [The following rules apply if] he drew the knife forward, but did not draw it back, drew it back, but did not draw it forward, and cut off the head while drawing it forward alone or drawing it back alone. If the knife is twice as long21 as the width of the neck of the animal being slaughtered, his slaughter is acceptable. If not, his slaughter is not acceptable.22
If one slaughters the heads [of two animals] together, his slaughter is acceptable.
Halacha 10
When two people hold unto a knife together - even when one is holding from one side and the other from the other side - and they slaughter together, the slaughter is acceptable. Similarly, if two people hold two knives and both slaughter simultaneously in two places in the neck, their slaughter is acceptable. This applies even if one slit the gullet alone or its majority and the other cut the windpipe or its majority in another place, this slaughter is acceptable even though the slaughter was not entirely in the same place.
Halacha 11
The slaughter of ordinary animals25 does not require focused attention.26Even if one slaughtered when [wielding a knife] aimlessly, in jest, or [even] if he threw a knife to implant it in the wall and it slaughtered an animal as it was passing, since it slaughtered properly in the appropriate place and with the appropriate measure, it is acceptable.
Halacha 12
Accordingly,27 when a deafmute, an emotional or an intellectual unstable individual, a minor, a drunk whose mind is befuddled,28 a person who became overtaken by an evil spirit slaughters and others observe that he slaughters in the correct manner,29 [the slaughter] is acceptable.30
If, by contrast, a knife falls31 and slaughters [an animal] on its way, it is not acceptable even if it slaughtered it in [the appropriate] manner. For [Deuteronomy, loc. cit.] states: "You shall slaughter," implying that a man must slaughter. [His actions are acceptable,] even if he does not intend to slaughter.
Halacha 13
[The following laws apply if there is] a stone or wooden wheel with a knife affixed to it. If a person turned the wheel and placed the neck of a fowl or an animal opposite it and slaughtered by turning the wheel, [the slaughter] is acceptable. If water is turning the wheel and he placed the neck of [the animal] opposite it while it was turning causing it to be slaughtered, it is unacceptable.32 If a person caused the water to flow until they turned the wheel and caused it to slaughter by turning it, [the slaughter] is acceptable.33For [the activity] came as a result of man's actions.
When does the above apply? With regard to the first turn, for that comes from man's power. The second and subsequent turns, however, do not come from man's power, but from the power of the flowing water.
Halacha 14
When a person slaughters for the sake of mountains, hills, seas, rivers, or deserts, his slaughter is unacceptable even when he does not intend to worship these entities, but merely for curative purposes or the like according to the empty words related by the gentiles, the slaughter is unacceptable.34 If, however, one slaughtered for the sake of the spiritual source35 of the sea, the mountain, the stars, the constellations, or the like, it is forbidden to benefit from the animal36 like all offerings brought to false deities.37
Halacha 15
When a person slaughters an animal [with the intent of] sprinkling its blood for the sake of false deities or burning its fats for the sake of false deities,38 it is forbidden. For we derive [the laws governing] one's intent outside [the Temple] with regard to [slaughtering] ordinary animals from those pertaining to the intent with regard to [slaughtering] consecrated animals within [the Temple]. For such an intent disqualifies them, as will be explained in Hilchot Pesulei HaMukdashim.39
Halacha 16
When a person slaughtered [an animal] and afterwards, thought to sprinkle its blood for the sake of false deities or to burn its fats for the sake of false deities, it is forbidden because of the doubt involved.40 Perhaps the ultimate result showed what his initial intent was and it was with this intent that he slaughtered.
Halacha 17
When a person slaughters [an animal] for the sake of [a type of] sacrifice for which one could consecrate an animal through a vow or through a pledge,41the slaughter is unacceptable.42 For this is comparable to slaughtering consecrated animals outside [the Temple courtyard]. If he slaughters [an animal] for the sake of [a type of] sacrifice for which one could not designate an animal through a vow or through a pledge,43 the slaughter is acceptable.44
Halacha 18
What is implied? When one slaughters [an animal] for the sake of a burnt offering, for the sake of a peace offering, for the sake of a thanksgiving offering, or for the sake of a Paschal offering, the slaughter is unacceptable.45Since a Paschal offering may be designated every year at any time one desires, it resembles a sacrifice that can be consecrated through a vow or through a pledge.46
If one slaughters [an animal] for the sake of a sin offering, for the sake of a certain guilt offering, for the sake of a doubtful guilt offering,47 for the sake of a firstborn offering,48 for the sake of a tithe offering,49 or for the sake of a substitute [for any offering],50 the slaughter is acceptable.51
Halacha 19
When a person is liable for a sin offering and he slaughters, saying: "For the sake of my sin offering," his slaughter is unacceptable.52 If he had a sacrificial animal in his home and he slaughters, saying: "For the sake of a substitution for my sacrifice," his slaughter is unacceptable, for he substituted the animal [for the consecrated one].53
Halacha 20
When a woman slaughters54 for the sake of the burnt offering brought by a woman who gave birth, saying: "This is for the sake of my burnt offering," her slaughter is acceptable.55 [The rationale is that the obligation to bring] the burnt offering of a woman who gave birth cannot be initiated through a vow or through a pledge and this woman has not given birth and thus is not obligated to bring a burnt offering. We do not suspect that she had a miscarriage.56 For it will become public knowledge if a woman miscarries.57
When, by contrast, a person slaughters for the sake of a burnt offering brought by a Nazarite, his slaughter is unacceptable even if he is not a Nazarite. [The rationale is that] the fundamental dimension of being a Nazarite is a vow like other vows.58
Halacha 21
When two people hold a knife and slaughter, one has in mind an intent that would disqualify the slaughter and the other has nothing at all in mind - or even if he had in mind an intent that is permitted - the slaughter is unacceptable.59Similarly, if they slaughtered one after the other60 and one had an intent that disqualifies the slaughter, it is disqualified.
When does the above apply? When [the person with the undesirable intent] has a share in the animal. If, however, he does not have a share in the animal, it does not become forbidden. For a Jewish person does not cause something that does not belong to him to become forbidden. He is acting only to cause his colleague anguish.61
Halacha 22
When a Jew slaughters for a gentile, the slaughter is acceptable regardless of the thoughts the gentile has in mind.62 For we are concerned only with the thoughts of the person slaughtering and not the thoughts of the owner of the animal.63 Therefore when a gentile - even a minor64 - slaughters for the sake of a Jew, the animal he slaughters is a nevelah, as will be explained.65
FOOTNOTES
1.
This is the term the Sifri to the above verse and other Rabbinic texts use to describe ordinary meat in contrast to animals offered as sacrifices.
2.
Since the slaughter was acceptable, the animal is not considered as a nevelah. Hence it does not impart ritual impurity.
3.
See Hilchot Pesulei HaMekudashim 19:13-14.
4.
Without intending to partake of the meat. I.e., using the meat for this or the following purposes is forbidden.
5.
For the prohibition is only against slaughtering ordinary animals in the Temple courtyard, for this resembles the slaughter of the sacrifices (Kessef Mishneh). Since none of the above actions are considered as ritual slaughter, they do not cause the animal to become forbidden.
6.
The Rashba (as quoted by the Kessef Mishneh) questions the Rambam's ruling, stating that the prohibition applies only to fruit that resemble the first fruits and bread that resembles the loaves of the Thanksgiving offering.
7.
Since the prohibition is not explicitly mentioned in the Torah, he is not liable for lashes - as appropriate for the violation of an explicit Scriptural prohibition (Kessef Mishneh). Nevertheless, since the source for the prohibition is a Scriptural verse, it has the weight of a Scriptural commandment. Others, however, interpret the Rambam as implying that the prohibition is entirely Rabbinic. The verse cited previously is merely an asmachta.
The above applies to the prohibition against slaughetring in the Temple Courtyard. With regard to partaking of the meat, all authorities agree that the prohibition is Rabbinic in origin. See Hilchot Ma'achalot Assurot 16:6.
8.
As stated in Hilchot Ma'achalot Assurot5:13-14, when a pregnant animal is slaughtered, the fetus it is carrying is considered as one of its limbs. Even if it lives, it does not have to be slaughtered again; the slaughter of its mother causes it to be permitted.
In this instance, the mother may not be slaughtered outside the Temple courtyard. Since there is no other way for the fetus to be permitted, the slaughter of the mother inside the Temple courtyard does not cause it to be forbidden.
9.
I.e., pour the blood directly into.
10.
In his Commentary to the Mishnah (Chullin2:9), the Rambam writes that we suspect that the person worships "the element of water," water in its pure elemental state and not the water before us.
11.
In this context also, the Rambam (ibid.) explains that we fear he is worshipping the power that controls the image seen in the water.
12.
Shulchan Aruch (Yoreh De'ah 11:3) writes that we fear that onlookers will say that he is collecting blood to offer it to false deities.
13.
Shulchan Aruch (Yoreh De'ah 12:2) mentions this ruling, but also the ruling of the Rashba that, after the fact, the slaughter is permitted. The Rama rules that, in the present age, when pagan rites are uncommonly practiced, one may rely on the more lenient view.
14.
As long as he is not slaughtering directly into the water, it does not appear that he is worshipping it.
15.
And thus the knife was above its neck.
16.
See Chapter 1, Halachah 19.
17.
The Turand the Shulchan Aruch (Yoreh De'ah 6:4) rule that slaughtering an animal in such a manner is unacceptable even if the slaughterer states that he is certain the animal's throat was not pierced in this manner. The rationale is that an animal's head is heavy and its weight will most likely cause its throat to be pierced.
18.
Chapter 3, Halachah 11. Even though the throat of the animal is cut, it is not considered ritual slaughter. Ritual slaughter involves bringing the knife back and forth across the neck or bringing the neck back and forth across the knife. Any other act that cuts its throat is not acceptable.
19.
Since a fowl is light, the slaughterer can hold it securely and maneuver it back and forth over the knife without difficulty. See Chullin16b.
20.
Provided the slaughter of the animal is accomplished in that one action. If the slaughterer lifts the knife, that disqualifies the slaughter.
21.
The Shulchan Aruch (Yoreh De'ah 24:2) requires that a knife be of this length even if one does not cut off the animal's head.
22.
For it is not feasible that passing a knife the length of the animal's neck alone will be sufficient to slice off its head in one motion [Shulchan Aruch (loc. cit.)]. Hence, we must assume that the animal's head was severed by pressing the knife against the neck. This disqualifies the slaughter as stated in Chapter 3, Halachah 11.
23.
He cut in a slant, cutting the windpipe at an angle and continuing to descend at that angle and cutting the gullet.
24.
The Kessef Mishneh interprets this as meaning that the person cut in several places on the signs. Others interpret it as meaning a cut that slants back and forth (Turei Zahav 21:3).
25.
In contrast to the slaughter of sacrificial animals (see Hilchot Pesulei HaMukdashim1:3).
26.
Here, we are not speaking about refined spiritual intentions; the Rambam is stating that even if the person slaughters the animal without paying attention to what he is doing or even if he had no intent to slaughter it, the slaughter is acceptable.
27.
Since the deed is significant and not the intent.
28.
While he is intoxicated, he may reach the point where he is no longer able to control his conduct. See Shulchan Aruch (Yoreh De'ah 1:8).
29.
The others must watch. Otherwise, there is no way that we can insure that the slaughter is acceptable. Indeed, if such a person slaughters in private, the slaughter is disqualified [Rama (Yoreh De'ah 1:5)].
30.
This applies only after the fact [Radbaz; seeShulchan Aruch (Yoreh De'ah 1:5)]. At the outset, only a person fully in control of his intellect and emotions should be entrusted with ritual slaughter.
31.
On its own accord or because of the wind. If, however, a person pushed the knife, since it was set in motion by human action, the slaughter is acceptable (Chullin 31a).
32.
For the animal was slaughtered by the power of the water and not by human power.
33.
Shulchan Aruch (Yoreh De'ah 7:1) rules that the slaughter is acceptable only after the fact. At the outset, one should not slaughter in this manner. The Siftei Cohen 7:1 states that this is the Rambam's opinion with regard to the first clause of the halachah as well.
34.
It is forbidden to partake of the animal, because this resembles bringing a sacrifice to a false deity. Nevertheless, since one is bringing the offering for a particular purpose and not in actual worship of the false deity, it is not forbidden to benefit from the animal (Kessef Mishneh).
35.
This is the translation of the Hebrew termmazal; i.e., the person is not worshipping the material entity but the spiritual source from which its existence emanates.
36.
For this is considered as worshipping a false deity.
37.
See Hilchot Ma'achalot Assurot 11:1; Hilchot Avodat Kochavim 7:2.
38.
He is not slaughtering the animal itself for the sake of the false deity - in which instance, there would be no question that it is forbidden - but, nevertheless, at the time of slaughter, he does intend to offer its blood or fats to the false deity.
39.
In Chapter 15, Halachah 10, of those halachot, the Rambam writes that one who slaughters a sacrificial animal with the proper intent for the sake of sprinkling its blood or burning its fats for an improper intent, the slaughter is unacceptable.
40.
The Turei Zahav 4:2 writes that according to the Rambam, because of the doubt, it is forbidden to benefit from the animal. Others (see also Siftei Cohen 4:2) rule that it is forbidden to partake of the animal's meat, but one may benefit from it.
41.
As indicated in the following halachah, there are certain sacrifices that a person may offer on his own initiative. Since he has not actually consecrated the animal, the prohibition against sacrificing consecrated animals outside the Temple does not apply according to Scriptural Law. Nevertheless, because of the impression created, our Sages forbade the slaughter of an animal for that intent (Maggid Mishneh). The Tur(Yoreh De'ah 5), however, states that we fear that he might have consecrated it, implying that there is a question of a Scriptural prohibition involved.
The Shulchan Aruch (Yoreh De'ah 5:1) rules that this law applies even when the slaughtered animal has a blemish which would disqualify it as a sacrifice, for there are times when a person will conceal the blemish.
42.
From the fact that the Shulchan Aruch(Yoreh De'ah, sec. 7) quotes this and the following halachot, we see that these laws also apply in the present age although the Temple is destroyed. See the conclusion of the gloss of the Maggid Mishneh to Halachah 20 which mentions a difference of opinion concerning this matter.
43.
As indicated in the following halachah, there are other sacrifices for which a person may consecrate an animal only when he is required to bring that offering. He may not pledge such a sacrifice on his own initiative.
44.
Since he cannot consecrate animals for such offerings, we do not worry about the impression that may be created. On the contrary, an onlooker will consider the person's statements facetious (Siftei Cohen5:4)
45.
For these are sacrifices that a person can consecrate on his own initiative. Hence slaughtering an animal for this purpose is forbidden as stated in the previous halachah.
46.
Seemingly, the Paschal offering does not resemble the others for it is an obligation incumbent on a person and can be brought only on the fourteenth of Nisan (Chullin 41b). Nevertheless, it is placed in this category for the reason explained by the Rambam.
47.
The instance of a doubtful guilt offering is debated in Chullin, loc. cit., without the Talmud reaching a definite conclusion concerning the matter. The Shulchan Aruch(Yoreh De'ah, loc. cit.) quotes the Rambam's view. The Tur and the Rama, however, follow the view that a person can consecrate a doubtful guilt offering on his own initiative and hence, forbid ritual slaughter for this intent.
48.
For a firstborn animal is consecrated by birth; a person cannot consecrate it through his statements.
49.
For the tithe offerings are consecrated through the tithing rite; a person cannot consecrate it through his statements.
50.
For unless a person has a consecrated animal at home, there is no reason that an onlooker might think that the substitution is of consequence (Chullin, loc. cit.).
51.
For these are sacrifices that a person cannot consecrate unless he is required to.
52.
Rashi (Chullin, loc. cit.) explains that when a person is liable to bring a sin offering, he makes the matter known so that he will be embarrassed and thus further his atonement. Therefore the onlookers will know of his obligation and will not regard his statements as facetious.
53.
From the Rambam's words, it would appear that this is not merely a Rabbinical safeguard, but that his statements bring about a substitution (temurah) of the animal and he is liable for slaughtering it outside the Temple courtyard.
54.
As stated in Chapter 4, Halachah 4, a woman may slaughter animals. And since she may slaughter ordinary animals, her slaughter of sacrificial animals would be acceptable. Note, however, the Rambam's Commentary to the Mishnah (Chullin 2:10) which speaks about a man slaughtering an animal on behalf of a woman.
55.
Since this offering cannot be brought on a person's own initiative, her statements are considered facetious.
56.
A woman who miscarries is also obligated to bring such a burnt offering.
57.
The word here matches the Rambam's statements in the revised text of his Commentary to the Mishnah (loc. cit.) as published by Rav Kappach. The Rambam's original text - and the version of his Commentary to the Mishnah commonly circulated - present an entirely different conception of this halachah.
58.
Hence we suspect that perhaps he took a Nazarite vow in private and the matter has not become known (Kessef Mishneh, Lechem Mishneh).
59.
Since his activity in slaughtering the animal was significant, his intent is also of consequence.
60.
I.e., without waiting; thus the slaughter is not disqualified.
61.
He makes such statements to make it appear that the slaughter is unacceptable so that his colleague will suffer anguish. Nevertheless, his statements have no effect. The Rambam's view is quoted by theShulchan Aruch (Yoreh De'ah 5:3). The Turand the Rama states that there are opinions which forbid the slaughter regardless of whether the other person has a share in the animal or not because of the impression that is created.
62.
I.e., even if the gentile considers it as a sacrifice to a false deity.
63.
See Hilchot Pesulei HaMukdashim 14:1.
64.
Who is to young to be involved in the worship of false deities.
65.
As stated in Chapter 4, Halachot 11-12, the gentile's slaughter is not considered halachicly significant and it is as if the animal died without being slaughtered.
---------------------
Hayom Yom:
• English Text | Video Class• "Today's Day"
Friday, Adar I 17, 5776 · 26 February 2016
Monday 17 Adar I 5703
Torah lessons: Chumash: Ki Tissa, Sheini with Rashi.
Tehillim: 83-87.
Tanya: In truth, however (p. 135)...the heart by nature (p. 135).
Many years before the Alter Rebbe's imprisonment in Petersburg in 5559 (1798), he once came out of his private quarters to where the Chassidim were gathered and said: "In gan eden1 they sense the preciousness of this lowly world. Not only the Ministering Angels, but even the earliest Emanations2 would forego everything for one amein y'hei sh'mei raba said by a Jew 'with all his power,' meaning with full concentration, i.e., being totally immersed and involved with these words."
This was all he said. The effect was that he kindled such a flame and such a burning enthusiasm in all who heard, that for a full year their amein y'hei sh'mei raba was fiery.
FOOTNOTES
1. "Paradise"; the spiritual Hereafter. Lit. "Garden of Eden."
2. In Atzilut, the World of Emanation, all existences are Divine, G-dhood. They are totally one with Him, not entities in any sense. These "existences" or "Emanations" may be the Divine attributes, for example. In "lower" Worlds, the beings are entities, distinct from Him.---------------------• Daily Thought:
Hayom Yom:
• English Text | Video Class• "Today's Day"
Friday, Adar I 17, 5776 · 26 February 2016
Monday 17 Adar I 5703
Torah lessons: Chumash: Ki Tissa, Sheini with Rashi.
Tehillim: 83-87.
Tanya: In truth, however (p. 135)...the heart by nature (p. 135).
Many years before the Alter Rebbe's imprisonment in Petersburg in 5559 (1798), he once came out of his private quarters to where the Chassidim were gathered and said: "In gan eden1 they sense the preciousness of this lowly world. Not only the Ministering Angels, but even the earliest Emanations2 would forego everything for one amein y'hei sh'mei raba said by a Jew 'with all his power,' meaning with full concentration, i.e., being totally immersed and involved with these words."
This was all he said. The effect was that he kindled such a flame and such a burning enthusiasm in all who heard, that for a full year their amein y'hei sh'mei raba was fiery.
FOOTNOTES
1. "Paradise"; the spiritual Hereafter. Lit. "Garden of Eden."
2. In Atzilut, the World of Emanation, all existences are Divine, G-dhood. They are totally one with Him, not entities in any sense. These "existences" or "Emanations" may be the Divine attributes, for example. In "lower" Worlds, the beings are entities, distinct from Him.---------------------• Daily Thought:
Catalyst
The size of the deed is not what matters. It is only a catalyst. One small deed could be enough to ignite a process to change the entire world. One small opening is all that’s needed, and the rest will heal itself.
Whatever you do, do it with the conviction that this is the one last fine adjustment, the tipping point for the entire world.
---------------------
No comments:
Post a Comment