Candle Lighting
Light Candles before sunset ––:––
Today in Jewish History:• Jews Enabled to Serve in Public Office in Maryland (1825)
In 1715, the Crown Colony of Maryland enacted a law requiring any citizen who wished to hold public office to take an oath of abjuration, which contained the words, "upon the true faith of a Christian." In 1776, the new constitution of the State of Maryland reaffirmed this law, requiring any oath of office to contain a declaration of belief in the Christian religion.
In the decades that followed, the struggle to repeal this law attracted national attention.
On February 26, 1825 an act "for the relief of the Jews in Maryland," was passed by Maryland's House of Delegates. The bill allowed every Jewish citizen to take an oath which professes his belief in a "future State of Rewards and Punishments, in the stead of the declaration now required by the Constitution and form of Government of this State."
Daily Quote:
In material matters one should always look at he whose situation is lower than one's own, and thank the good G-d for His kindness to him. In spiritual matters one should always look at he who is higher than oneself, and plead with G-d to grant him the intelligence to learn from the other, and the ability and strength to rise higher.[Rabbi Yosef Yitzchak of Lubavitch]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayikra, 6th Portion Leviticus 4:27-5:10 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 4
27If one person of the people of the land commits a sin unintentionally, by his committing one of the commandments of the Lord which may not be committed, incurring guilt; כזוְאִם־נֶ֧פֶשׁ אַחַ֛ת תֶּֽחֱטָ֥א בִשְׁגָגָ֖ה מֵעַ֣ם הָאָ֑רֶץ בַּֽ֠עֲשׂתָ֠הּ אַחַ֨ת מִמִּצְוֹ֧ת יְהֹוָ֛ה אֲשֶׁ֥ר לֹא־תֵֽעָשֶׂ֖ינָה וְאָשֵֽׁם:
28if his sin that he committed is made known to him, he shall bring his sacrifice: an unblemished female goat, for his sin that he committed. כחא֚וֹ הוֹדַ֣ע אֵלָ֔יו חַטָּאת֖וֹ אֲשֶׁ֣ר חָטָ֑א וְהֵבִ֨יא קָרְבָּנ֜וֹ שְׂעִירַ֤ת עִזִּים֙ תְּמִימָ֣ה נְקֵבָ֔ה עַל־חַטָּאת֖וֹ אֲשֶׁ֥ר חָטָֽא:
29And he shall lean his hand [forcefully] on the head of the sin offering, and he shall slaughter the sin offering in the place of the burnt offering. כטוְסָמַךְ֙ אֶת־יָד֔וֹ עַ֖ל רֹ֣אשׁ הַֽחַטָּ֑את וְשָׁחַט֙ אֶת־הַ֣חַטָּ֔את בִּמְק֖וֹם הָֽעֹלָֽה:
30And the kohen shall take some of its blood with his finger, and place [it] on the horns of the altar [used] for burnt offerings. And then he shall pour all of its [remaining] blood at the base of the altar. לוְלָקַ֨ח הַכֹּהֵ֤ן מִדָּמָהּ֙ בְּאֶצְבָּע֔וֹ וְנָתַ֕ן עַל־קַרְנֹ֖ת מִזְבַּ֣ח הָֽעֹלָ֑ה וְאֶת־כָּל־דָּמָ֣הּ יִשְׁפֹּ֔ךְ אֶל־יְס֖וֹד הַמִּזְבֵּֽחַ:
31And he shall remove all of its fat, just as the fat was removed from the peace offering. The kohen shall then cause it to [go up in] smoke on the altar, as a pleasing fragrance to the Lord. Thus the kohen shall make atonement for him, and he will be forgiven. לאוְאֶת־כָּל־חֶלְבָּ֣הּ יָסִ֗יר כַּֽאֲשֶׁ֨ר הוּסַ֣ר חֵ֘לֶב֘ מֵעַ֣ל זֶ֣בַח הַשְּׁלָמִים֒ וְהִקְטִ֤יר הַכֹּהֵן֙ הַמִּזְבֵּ֔חָה לְרֵ֥יחַ נִיחֹ֖חַ לַֽיהֹוָ֑ה וְכִפֶּ֥ר עָלָ֛יו הַכֹּהֵ֖ן וְנִסְלַ֥ח לֽוֹ:
just as the fat was removed from the peace-offering: i.e., like the parts [burnt on the altar] of the goat mentioned under the category of peace-offerings. כאשר הוסר חלב מעל זבח השלמים: כאימורי עז האמורים בשלמים:
32If he brings a sheep for his sin offering, he shall bring an unblemished female. לבוְאִם־כֶּ֛בֶשׂ יָבִ֥יא קָרְבָּנ֖וֹ לְחַטָּ֑את נְקֵבָ֥ה תְמִימָ֖ה יְבִיאֶֽנָּה:
33He shall lean his hand [forcefully] upon the head of the sin offering and slaughter it as a sin offering in the place where he slaughters the burnt offering. לגוְסָמַךְ֙ אֶת־יָד֔וֹ עַ֖ל רֹ֣אשׁ הַֽחַטָּ֑את וְשָׁחַ֤ט אֹתָהּ֙ לְחַטָּ֔את בִּמְק֕וֹם אֲשֶׁ֥ר יִשְׁחַ֖ט אֶת־הָֽעֹלָֽה:
and he shall slaughter it as a sin-offering: i.e., its slaughtering shall be performed for the specific purpose of a sin-offering. — [Torath Kohanim 4:290] ושחט אתה לחטאת: שתהא שחיטתה לשם חטאת:
34And the kohen shall take some of the blood of the sin offering with his finger and place [it] on the horns of the altar [used] for burnt offerings. And then he shall pour all of its blood onto the base of the altar. לדוְלָקַ֨ח הַכֹּהֵ֜ן מִדַּ֤ם הַֽחַטָּאת֙ בְּאֶצְבָּע֔וֹ וְנָתַ֕ן עַל־קַרְנֹ֖ת מִזְבַּ֣ח הָֽעֹלָ֑ה וְאֶת־כָּל־דָּמָ֣הּ יִשְׁפֹּ֔ךְ אֶל־יְס֖וֹד הַמִּזְבֵּֽחַ:
35And he shall remove all its fat, just as the sheep's fat is removed from the peace offering. The kohen shall then cause them to [go up in] smoke on the altar, upon the fires for the Lord. Thus the kohen shall make atonement for him, for his sin which he committed, and he will be forgiven. להוְאֶת־כָּל־חֶלְבָּ֣הּ יָסִ֗יר כַּֽאֲשֶׁ֨ר יוּסַ֣ר חֵ֣לֶב הַכֶּ֘שֶׂב֘ מִזֶּ֣בַח הַשְּׁלָמִים֒ וְהִקְטִ֨יר הַכֹּהֵ֤ן אֹתָם֙ הַמִּזְבֵּ֔חָה עַ֖ל אִשֵּׁ֣י יְהֹוָ֑ה וְכִפֶּ֨ר עָלָ֧יו הַכֹּהֵ֛ן עַל־חַטָּאת֥וֹ אֲשֶׁר־חָטָ֖א וְנִסְלַ֥ח לֽוֹ:
just as the sheep’s fat is removed: whose prescribed parts [offered up on the altar] are increased by the [addition of its] tail. And likewise, in the case of a female sheep brought as a sin-offering, it too requires the tail [to be added together] with the prescribed parts [offered up on the altar]. — [Torath Kohanim 4:291] כאשר יוסר חלב הכשב: שנתרבו אימוריו באליה, אף חטאת, כשהיא באה כשבה, טעונה אליה עם האימורין:
upon the fires for the Lord: Upon the fires [prepared by man] for the Lord, foayles in Old French, pyres. על אשי ה': על מדורות האש העשויות לשם. פואיילי"ש בלע"ז [מדורות]:
Leviticus Chapter 5
1If a person sins, whereby he accepts an oath, and he is a witness [to some matter] by seeing or knowing [it], yet he does not testify, he shall bear his transgression; אוְנֶ֣פֶשׁ כִּי־תֶֽחֱטָ֗א וְשָֽׁמְעָה֙ ק֣וֹל אָלָ֔ה וְה֣וּא עֵ֔ד א֥וֹ רָאָ֖ה א֣וֹ יָדָ֑ע אִם־ל֥וֹא יַגִּ֖יד וְנָשָׂ֥א עֲוֹנֽוֹ:
he accepts an oath: regarding some matter he had witnessed. I.e., they adjured him by oath, to the effect that if he knew anything regarding the matter, that he would testify for him. ושמעה קול אלה: בדבר שהוא עד בו, שהשביעוהו שבועה שאם יודע לו בעדות, שיעיד לו:
2Or if a person touches anything unclean, whether it is the carcass of an unclean wild animal, or the carcass of an unclean domestic animal, or the carcass of an unclean creeping animal, and it was hidden from him, he incurs guilt. בא֣וֹ נֶ֗פֶשׁ אֲשֶׁ֣ר תִּגַּע֘ בְּכָל־דָּבָ֣ר טָמֵא֒ אוֹ֩ בְנִבְלַ֨ת חַיָּ֜ה טְמֵאָ֗ה א֚וֹ בְּנִבְלַת֙ בְּהֵמָ֣ה טְמֵאָ֔ה א֕וֹ בְּנִבְלַ֖ת שֶׁ֣רֶץ טָמֵ֑א וְנֶעְלַ֣ם מִמֶּ֔נּוּ וְה֥וּא טָמֵ֖א וְאָשֵֽׁם:
Or if a person touches [anything unclean]: And after [consequently acquiring] this uncleanness, he eats holy things [namely sacrifices], or he enters the Sanctuary, [each of which] constitutes a sin which, if committed willfully, incurs the penalty of excision. Thus it is explained in Tractate Shevuoth (7a). או נפש אשר תגע וגו': ולאחר הטומאה הזו יאכל קדשים, או יכנס למקדש, שהוא דבר שזדונו כרת. במסכת שבועות (יד ב) נדרש כן:
is hidden from him: i.e., the uncleanness was hidden from him [meaning that he knew that he was eating holy things or entering the Sanctuary; however, he did not know that he was in a state of uncleanness at the time]. — [Shev.. 14b; Torath Kohanim 5:303] ונעלם ממנו: הטומאה:
he incurs guilt: By eating the sacred food or by entering the Sanctuary. ואשם: באכילת קדש או בביאת מקדש:
3Or if he touches the uncleanness of a human, with any uncleanness through which he may become defiled, and it is hidden from him and [later] he knows, he has incurred guilt; גא֣וֹ כִ֤י יִגַּע֙ בְּטֻמְאַ֣ת אָדָ֔ם לְכֹל֙ טֻמְאָת֔וֹ אֲשֶׁ֥ר יִטְמָ֖א בָּ֑הּ וְנֶעְלַ֣ם מִמֶּ֔נּוּ וְה֥וּא יָדַ֖ע וְאָשֵֽׁם:
the uncleanness of a human: This refers to the uncleanness of a [human] corpse. — [Torath Kohanim 5:304] בטמאת אדם: זו טומאת מת:
with any uncleanness: This [phrase] comes to include [in this law,] the case of uncleanness acquired by touching a זָב or a זָבָה [a man or woman who has experienced a discharge (see Lev. chapter 15)]. — [Torath Kohanim 5: 305] לכל טמאתו: לרבות טומאת מגע זבין וזבות:
[through which] he may become defiled: [This phrase comes] to include someone who touches a man who has cohabited with a נִדָָּה [a woman who is unclean because of a menstrual flow.]. - [Torath Kohanim 5:305] אשר יטמא: לרבות הנוגע בבועל נדה:
through which: [This phrase comes] to include one who swallows the carrion of a kosher bird. — [Torath Kohanim 5:306] בה: לרבות בולע נבלת עוף טהור:
and it is hidden: i.e., [he knew] that he had forgotten the uncleanness. ונעלם: ולא ידע, ששכח הטומאה:
he has incurred guilt: By eating the sacred food or by entering the Sanctuary. ואשם: באכילת קדש או בביאת מקדש:
4Or if a person swears, expressing with [his] lips to do harm or to do good, whatever a man may express in an oath, and it is hidden from him and [later] he knows, he is guilty in any one of these cases. דא֣וֹ נֶ֡פֶשׁ כִּ֣י תִשָּׁבַע֩ לְבַטֵּ֨א בִשְׂפָתַ֜יִם לְהָרַ֣ע | א֣וֹ לְהֵיטִ֗יב לְ֠כֹ֠ל אֲשֶׁ֨ר יְבַטֵּ֧א הָֽאָדָ֛ם בִּשְׁבֻעָ֖ה וְנֶעְלַ֣ם מִמֶּ֑נּוּ וְהֽוּא־יָדַ֥ע וְאָשֵׁ֖ם לְאַחַ֥ת מֵאֵֽלֶּה:
with [his] lips: But not in his heart [i. e., if he merely thought about it, he is not liable to bring a sacrifice]. — [Torath Kohanim 5:311] בשפתים: ולא בלב:
to do harm: to himself, or להרע: לעצמו:
or to do good: to himself. [That is to say, he swore:] “I will eat,” or “I will not eat,” or “I will sleep,” or “I will not sleep”. — [see Shev. 27a] או להיטיב: לעצמו, כגון אוכל ולא אוכל אישן ולא אישן:
whatever [a man] may express [in an oath]: This [phrase] comes to include [an oath] regarding the past [i.e., if he swore, “I ate,” “I did not eat,” etc.]. — [Shev. 26a] לכל אשר יבטא: לרבות לשעבר:
and it is hidden from him: And [consequently,] he transgressed his oath (Shev. 26a). In all these cases [a person must bring an] עוֹלֶה יוֹרֵד offering-sliding-scale offering, as explained here [in this passage. The person brings a lamb or a goat, or two turtle-doves or young doves, or a meal-offering, depending on what he can afford]. However, [for lying in] an oath involving the denial of a monetary claim, he is not [liable to] this type of offering, but rather, a guilt-offering. — [see below, verses 24-25] ונעלם ממנו: ועבר על שבועתו, כל אלה בקרבן עולה ויורד, כמפורש כאן, אבל שבועה שיש בה כפירת ממון אינה בקרבן זה אלא באשם:
5And it shall be, when someone incurs guilt in any one of these cases, that he shall confess the sin which he had committed, הוְהָיָ֥ה כִֽי־יֶאְשַׁ֖ם לְאַחַ֣ת מֵאֵ֑לֶּה וְהִ֨תְוַדָּ֔ה אֲשֶׁ֥ר חָטָ֖א עָלֶֽיהָ:
6and he shall bring his guilt offering to the Lord for his sin which he had committed, a female [animal] from the flock either a sheep or a goat, for a sin offering. And the kohen shall make atonement from his sin. ווְהֵבִ֣יא אֶת־אֲשָׁמ֣וֹ לַֽיהֹוָ֡ה עַ֣ל חַטָּאתוֹ֩ אֲשֶׁ֨ר חָטָ֜א נְקֵבָ֨ה מִן־הַצֹּ֧אן כִּשְׂבָּ֛ה אֽוֹ־שְׂעִירַ֥ת עִזִּ֖ים לְחַטָּ֑את וְכִפֶּ֥ר עָלָ֛יו הַכֹּהֵ֖ן מֵֽחַטָּאתֽוֹ:
7But if he cannot afford a sheep, he shall bring as his guilt offering for that [sin] that he had committed, two turtle doves or two young doves before the Lord, one for a sin offering, and one for a burnt offering. זוְאִם־לֹ֨א תַגִּ֣יעַ יָדוֹ֘ דֵּ֣י שֶׂה֒ וְהֵבִ֨יא אֶת־אֲשָׁמ֜וֹ אֲשֶׁ֣ר חָטָ֗א שְׁתֵּ֥י תֹרִ֛ים אֽוֹ־שְׁנֵ֥י בְנֵֽי־יוֹנָ֖ה לַֽיהֹוָ֑ה אֶחָ֥ד לְחַטָּ֖את וְאֶחָ֥ד לְעֹלָֽה:
8He shall bring them to the kohen, who shall first offer up that [bird] which is [designated] for the sin offering. He shall cut its head [by piercing with his nail] opposite the back of its head, but shall not separate [it]. חוְהֵבִ֤יא אֹתָם֙ אֶל־הַכֹּהֵ֔ן וְהִקְרִ֛יב אֶת־אֲשֶׁ֥ר לַֽחַטָּ֖את רִֽאשׁוֹנָ֑ה וּמָלַ֧ק אֶת־רֹאשׁ֛וֹ מִמּ֥וּל עָרְפּ֖וֹ וְלֹ֥א יַבְדִּֽיל:
who shall first offer…the sin-offering: A sin-offering must precede a burnt-offering. — [Torath Kohanim 5:329] To what may this be compared? To an intercessor, who enters [the palace] to appease [the king]. Once he has appeased [him], the gift enters after him [i.e., first the sin-offering comes to appease, then the burnt-offering comes as a gift]. — [Zev. 7b] והקריב את אשר לחטאת ראשונה: חטאת קודמת לעולה. למה הדבר דומה לפרקליט שנכנס לרצות, ריצה פרקליט נכנס דורון אחריו:
but shall not separate [it]: He cuts only one organ [either the esophagus or the trachea]. — [Chul. 21a] ולא יבדיל: אינו מולק אלא סימן אחד:
the back of its head: Heb. עֹרֶף It is the high part of the head which slopes down towards the neck [i.e., the back surface of the head, at the level of the face. — (see Sifthei Chachamim on Lev. 1:15)]. Thus, the expression, עֹרֶף, “[that which is situated] opposite the עֹרֶף, has the meaning: ” that which sees the עֹרֶף “ [Now since the עֹרֶף has been defined as the back surface of the head then ”that which sees the עֹרֶף “ refers to] the entire length of the back of the neck [the area which ”sees the עֹרֶף," i.e., which is directly adjacent to it]. — [Torath Kohanim 5:332] ערף: הוא גובה הראש המשופע לצד הצואר:
9He shall sprinkle from the blood of the sin offering on the wall of the altar, and the remainder of the blood shall be pressed out onto the base of the altar. It is a sin offering. טוְהִזָּ֞ה מִדַּ֤ם הַֽחַטָּאת֙ עַל־קִ֣יר הַמִּזְבֵּ֔חַ וְהַנִּשְׁאָ֣ר בַּדָּ֔ם יִמָּצֵ֖ה אֶל־יְס֣וֹד הַמִּזְבֵּ֑חַ חַטָּ֖את הֽוּא:
He shall sprinkle from the blood of the sin-offering: In the case of a burnt-offering, Scripture requires only מִצּוּי, pressing out the blood (seeLev. 1:15), but for a sin-offering, both הַזָאָה, sprinkling of the blood, and מִצּוּי, pressing out the blood, are required. He grasps the עֹרֶף [or, as in some early editions and mansuscripts: He grasps the bird. See Yosef Hallel] and sprinkles [the blood], and so, the blood spurts out onto the altar. — [Zev. 64b] והזה מדם החטאת: בעולה לא הטעין אלא מצוי, ובחטאת הזאה ומצוי. אוחז בעורף ומתיז, והדם ניתז והולך למזבח:
This is a sin-offering: [If the bird was sacrificed] for the specific purpose [of a sin-offering], the offering is valid; however, if it was not [sacrificed] for the specific purpose [of a sin-offering], it is not valid. — [Torath Kohanim 5:335] חטאת הוא: לשמה כשרה, שלא לשמה פסולה:
10And he shall offer up the second one as a burnt offering, according to the law. Thus the kohen shall make atonement for him, from his sin which he had committed, and he shall be forgiven. יוְאֶת־הַשֵּׁנִ֛י יַֽעֲשֶׂ֥ה עֹלָ֖ה כַּמִּשְׁפָּ֑ט וְכִפֶּ֨ר עָלָ֧יו הַכֹּהֵ֛ן מֵֽחַטָּאת֥וֹ אֲשֶׁר־חָטָ֖א וְנִסְלַ֥ח לֽוֹ:
according to the law: i.e., according to the ritual prescribed at the beginning of this parashah (Lev. 1: 14-17), regarding the burnt-offering of a bird which is brought voluntarily. כמשפט: כדת האמור בעולת העוף של נדבה בראש הפרשה:
Daily Tehillim: Chapters 44 - 48
• Hebrew text
• English text•
• Lessons in Tanya• English Text
• English text•
Chapter 44
The psalmist cries and laments painfully over this bitter exile, where we and our Torah are shamed daily, when the nations say that God has exchanged us for another nation, and where we are considered as sheep for the slaughter, as a byword and taunt. It is therefore fitting that God redeem us, for the sake of His great Name that abides with us in exile.
1. For the Conductor, by the sons of Korach, a maskil.1
2. God, with our ears we have heard, our fathers have told us, of the deeds You wrought in their days, in the days of old.
3. You drove out nations with Your hand, and planted [Israel in their place]; You afflicted peoples and banished them.
4. For not by their sword did they inherit the land, and their own arm did not save them, but by Your right hand, Your arm and the light of Your countenance-for You favored them.
5. You are my king, O God; decree the salvation of Jacob.
6. Through You will we gore our adversaries; with Your Name we will trample our opponents.
7. For I do not trust in my bow, and my sword cannot save me.
8. For You have delivered us from our foes, and You shamed those who hate us.
9. In God we glory all day, and forever thank Your Name, Selah.
10. Though You abandon and disgrace us, and do not go forth with our armies;
11. You cause us to retreat from the oppressor, and those who hate us plunder for themselves;
12. You deliver us like sheep to be devoured, and scatter us among the nations;
13. You sell Your nation without gain, and do not set a high price upon them;
14. You make us a disgrace to our neighbors, the scorn and derision of those around us;
15. You make us a byword among the nations, [a cause for] nodding the head among the peoples;
16. all day long my humiliation is before me, and the shame of my face covers me
17. at the voice of the reviler and blasphemer, because of the foe and avenger-
18. all this has come upon us, yet we have not forgotten You, nor have we been false to Your covenant.
19. Our hearts have not retracted, nor have our steps strayed from Your path.
20. Even when You crushed us in the place of serpents, and shrouded us in the shadow of death-
21. did we forget the Name of our God, and extend our hands to a foreign god?
22. Is it not so that God can examine this, for He knows the secrets of the heart.
23. For it is for Your sake that we are killed all the time; we are regarded as sheep for the slaughter.
24. Arise! Why do You sleep, my Lord? Wake up! Do not abandon [us] forever!
25. Why do You conceal Your countenance and forget our affliction and distress?
26. For our souls are bowed to the dust, our bellies cleave to the earth.
27. Arise! Be our help, and redeem us for the sake of Your kindness.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 45
The psalmist composed this psalm referring to Moshiach. He describes his greatness, his attributes, his glory, his wealth, and his reign; and states that Israel anticipates him, remembering and saying in every generation, "When will King Moshiach come?"
1. For the Conductor, upon the shoshanim,1 By the sons of Korach; a maskil,2 a song of love.
2. My heart is astir with a noble theme; I say, "My composition is for the king;3 my tongue is the pen of a skillful scribe.”
3. You are the most handsome of men, charm is poured upon your lips; therefore has God blessed you forever.
4. Gird your sword upon your thigh, O mighty one-it is your majesty and splendor.
5. And with your splendor, succeed and ride on for the sake of truth and righteous humility; and your right hand will guide you to awesome deeds.
6. Your arrows are sharpened-nations fall beneath you-[the arrows fall] into the hearts of the king's enemies.
7. Your throne, O ruler, is forever and ever, [for] the scepter of justice is the scepter of your kingdom.
8. You love righteousness and hate wickedness; therefore has God, your God, anointed you with oil of joy above your peers.
9. Myrrh, aloes and cassia are [the fragrance] of all your garments, which are from ivory palaces that bring you joy.
10. Daughters of kings visit you, and the queen stands erect at your right hand, adorned in the fine gold of Ophir.
11. Hear, O daughter, and observe, incline your ear; forget your people and your father's house.
12. Then the king will desire your beauty. He is your master-bow to him.
13. The daughter of Tyre, the wealthiest of nations, will seek your favor with a gift.
14. All the glory of the princess is within; her clothing surpasses settings of gold.
15. In embroidered garments she will be brought to the king; the maidens in her train, her companions, will be led to you.
16. They will be brought with gladness and joy, they will enter the palace of the king.
17. Your sons will succeed your fathers; you will appoint them ministers throughout the land.
18. I will cause Your Name to be remembered throughout the generations; therefore will the nations praise You forever and ever.
FOOTNOTES
1.A musical instrument shaped like a shoshana, a rose (Metzudot).
2.A psalm intended to enlighten and impart knowledge(Metzudot).
3.Reffering to the Messiah. (Metzudot).
Chapter 46
This psalm tells of the Gog and Magog era (the Messianic age), when man will cast aside his weapons, and warfare will be no more.
1. For the Conductor, by the sons of Korach, on the alamot,1 a song.
2. God is our refuge and strength, a help in distress, He is most accessible.
3. Therefore, we will not be afraid when the earth is transformed, when mountains collapse in the heart of the seas;
4. when its waters roar and are muddied, and mountains quake before His grandeur, Selah.
5. The river2-its streams will bring joy to the city of God, the sacred dwelling of the Most High.
6. God is in her midst, she will not falter; God will help her at the approach of morning.
7. Nations clamor, kingdoms stumble; He raises His voice and the earth dissolves.
8. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
9. Go and see the works of the Lord, Who has wrought devastation in the land.
10. To the end of the earth He causes wars to cease; He breaks the bow, snaps the spear, and burns the wagons in fire.
11. Stop [waging war]! And know that I am God; I will be exalted among the nations, exalted upon the earth.
12. The Lord of Hosts is with us; the God of Jacob is our stronghold forever.
FOOTNOTES
1.A musical instrument (Rashi)
2.Flowing from Eden (Rashi)
Chapter 47
Following the battle of Gog and Magog (in the Messianic era), war will be no more. God will grant us salvation, and we will merit to go up to the Holy Temple for the festivals, Amen.
1. For the Conductor, a psalm by the sons of Korach.
2. All you nations, clap hands; sound [the shofar] to God with a sound of jubilation.
3. For the Lord is most high, awesome; a great King over all the earth.
4. He subdues peoples under us, nations beneath our feet.
5. He chooses our heritage for us, the glory of Jacob whom He loves eternally.
6. God ascends through teruah, the Lord-through the sound of the shofar.
7. Sing, O sing to God; sing, O sing to our King.
8. For God is King over all the earth; sing, O man of understanding.
9. God reigns over the nations; God is seated on His holy throne.
10. The most noble of the nations are gathered, the nation of the God of Abraham; for the protectors of the earth belong to God; He is greatly exalted.
Chapter 48
The psalmist prophesies about the Messianic era, singing the praises of a rebuilt Jerusalem and the sacrifices brought there. At that time Israel will say, "As we heard from the mouths of the prophets, so have we merited to see!"
1. A song, a psalm by the sons of Korach.
2. The Lord is great and exceedingly acclaimed in the city of God, His holy mountain.
3. Beautiful in landscape, the joy of the whole earth is Mount Zion, on the northern slopes, the city of the great King.
4. In her citadels, God became known as a tower of strength.
5. For behold, the kings assembled, they advanced in concert [to invade her].
6. They saw [the wonders of the Almighty] and were astounded; they were terror-stricken, they hastened to flee.
7. Trembling seized them there, pangs as of a woman in the throes of labor;
8. [they were crushed as] by an east wind that shatters the ships of Tarshish.
9. As we have heard, so have we seen, in the city of the Lord of Hosts, in the city of our God; may God establish it for all eternity.
10. God, we have been hoping for Your kindness [to be revealed] within Your Sanctuary.
11. As Your Name, O God, [is great,] so is Your praise to the ends of the earth; Your right hand is filled with righteousness.
12. Let Mount Zion rejoice, let the towns of Judah exult, because of Your judgments.
13. Walk around Zion, encircle her, count her towers.
14. Consider well her ramparts, behold her lofty citadels, that you may recount it to a later generation.
15. For this God is our God forever and ever; He will lead us eternally.
Tanya: Likutei Amarim, middle of Chapter 36• Lessons in Tanya• English Text
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• Friday, Adar II 8, 5776 · March 18, 2016
• Likutei Amarim, middle of Chapter 36
• והנה תכלית השתלשלות העולמות וירידתם ממדרגה למדרגה אינו בשביל עולמות העליונים
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• FRIDAY, Adar II 8, 5776 · March 18, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 217
Interbreeding Animals
"You shall not let your cattle breed with a different kind"—Leviticus 19:19.
It is forbidden to breed together two different animal species.
Full text of this Mitzvah »•
Working with Two Animal Species
"You shall not plow with an ox and donkey together"—Deuteronomy 22:10.
It is forbidden to cause animals of two species to work together, e.g., to have them jointly plow, thresh or pull a wagon.
Biblically, this prohibition only applies if one of the animals is kosher (e.g., an ox) and the other of a non-kosher species (e.g., a donkey). The Sages, however, extended this prohibition to apply to any two species.
Full text of this Mitzvah »
The purpose of the Hishtalshelut of the worlds, and of their descent from level to level, is not for the sake of the higher worlds,
הואיל ולהם ירידה מאור פניו יתברך
since for them this constitutes a descent from the light of His Countenance.
The very word “world” (עולם) in Hebrew denotes concealment. Thus, even the highest worlds constitute, by their very existence, a descent from the pervading level of G‑dliness that preceded their creation. It is illogical, then, to say that the revelation which these higher worlds represent is the purpose of the Hishtalshelut, since their revelation is actually concealment — and the ultimate purpose of creation lies in revelation, not concealment.
אלא התכלית הוא עולם הזה התחתון
Rather, the purpose of Hishtalshelut is this lowest world.
All the higher worlds are merely steps in the descent of the divine creative power; in each of them the light is veiled yet further, until it is finally reduced to the minute degree of revelation that this physical world is capable of receiving.
שכך עלה ברצונו יתברך, להיות נחת רוח לפניו יתברך כד אתכפיא סטרא אחרא ואתהפך חשוכא לנהורא
Thus, the purpose of the Hishtalshelut is this world, for such was His will — that He find it pleasurable when thesitra achra is subjugated to holiness, and the darkness of kelipah is transformed into holy light,
שיאיר אור ה׳ אין סוף ברוך הוא במקום החשך והסטרא אחרא של כל עולם הזה כולו
so that in the place of the darkness and sitra achra prevailing throughout this world, the Ein Sof-light of G‑d will shine forth
ביתר שאת ויתר עז, ויתרון אור מן החשך, מהארתו בעולמות עליונים
with greater strength and intensity, and with the superior quality of light that emerges from the darknessi.e., when darkness is transformed into light, the resulting light is superior to ordinary light; it will thus shine with greater intensity than its radiance in the higher worlds.1
שמאיר שם על ידי לבושים והסתר פנים, המסתירים ומעלימים אור אין סוף ברוך הוא
There, in the higher worlds, it shines through garments and [through] concealment of the Countenance (a concealment of the pnimiyut — i.e., the internal aspect — of the light) which conceal and screen the Ein Sof-light,
שלא יבטלו במציאות
so that [the worlds] do not dissolve out of existence.
For were the Ein Sof-light not screened by garments, the worlds could not bear it, and would dissolve. Thus, the revelation wrought by subjugation of the kelipot in this world, is greater than that of the higher worlds; there the Ein Sof-light is hidden, whereas here in this world it is revealed in all its strength.
A question arises, however. How is it possible (even upon subjugating the kelipot and transforming them into holiness) that we in this world should experience a revelation of the Ein Sof-light without veil or concealment, when even the higher worlds cannot receive such revelation without dissolving into nothingness?
In answer, the Alter Rebbe writes:
| FOOTNOTES | |
| 1. | The Rebbe explains why the Alter Rebbe adds the words, “than its radiance in the higher worlds,” and is not satisfied with simply stating that the ultimate purpose of creation is this world, “for such was His will — that He find it pleasurable....” In doing so the Alter Rebbe answers a well-known question. How can we possibly say that the higher worlds, which are illuminated with such a revelation of G‑dliness, exist for the purpose of this world, where G‑dliness is so concealed? One does not create a significant thing to serve something insignificant. The Alter Rebbe therefore explains that through the transformation of darkness into light — a form of divine service which can be achieved only in this world — the world becomes so holy that it is illuminated with a degree of G‑dliness far superior to that which is manifest in the higher worlds. |
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• FRIDAY, Adar II 8, 5776 · March 18, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 217
Interbreeding Animals
"You shall not let your cattle breed with a different kind"—Leviticus 19:19.
It is forbidden to breed together two different animal species.
Full text of this Mitzvah »•
Interbreeding Animals
Negative Commandment 217
Translated by Berel Bell
The 217th prohibition is that we are forbidden from crossbreeding different species of animals.
The source of this commandment is G‑d's statement,1 "Do not crossbreed your livestock with other species."
The punishment for crossbreeding an animal is lashes, provided that the person actually placed the organ of the male animal in that of the female by hand, [as the Talmud puts it,] "like an applicator2 in its tube." Our Sages3 said this clearly: "For adultery, [the witnesses] only need to see them in the position of sexual relations. For crossbreeding, they must see 'like an applicator in its tube.' " Only then does the person receive lashes.
The details of this mitzvah are explained in the eighth chapter of tractate Kilayim.
FOOTNOTES
1.
Lev. 19:19.
2.
Mak'chol, literally a stick, etc. used to apply k'chol (a medication or cosmetic) to the eye. The k'chol was stored in a tube, and the mak'chol was dipped in the tube in order to apply the k'chol to the eye.
3.
Negative Commandment 218
Baba Metzia 91a.
Working with Two Animal Species
"You shall not plow with an ox and donkey together"—Deuteronomy 22:10.
It is forbidden to cause animals of two species to work together, e.g., to have them jointly plow, thresh or pull a wagon.
Biblically, this prohibition only applies if one of the animals is kosher (e.g., an ox) and the other of a non-kosher species (e.g., a donkey). The Sages, however, extended this prohibition to apply to any two species.
Full text of this Mitzvah »
• Working with Two Animal Species
Negative Commandment 218
Translated by Berel Bell
The 218th prohibition is that we are forbidden from using two species of animals to work together.
The source of this commandment is G‑d's statement,1 "Do not plow with an ox and a donkey together."
One receives lashes for using them for any kind of work, such as plowing, threshing, or driving.2 This is because the verse says, "together," meaning that one cannot bring them together for any kind of work.
One only receives lashes by Torah law when one species is kosher and the other one non-kosher, such as "an ox and a donkey." Then, one is lashed for plowing, pulling or driving with them. One receives lashes by Rabbinic decree for using any two species [even if they are both kosher or both non-kosher].
The details of this mitzvah are explained in the eighth chapter of tractate Kilayim.
FOOTNOTES
1.Deut. 22:10.
2.I.e. pulling a wagon.
• 1 Chapter: Biat Hamikdash Biat Hamikdash - Chapter 2 •
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Halacha 1
Halacha 2
The priests were all3 warned not to enter the Sanctuary or the Holy of Holies when they are not in the midst of the service,4 as [Leviticus 16:2] states: "He shall not come to the Holy Chamber at all time" - this refers to the Holy of Holies. "...Within the curtain" - this warns [the priests against unwarranted entry] into the entire Temple.5
Halacha 3
A priest - whether an ordinary priest or a High Priest - who enters the Holy of Holies on any of the other days of the year, or a High Priest who enters there on Yom Kippur outside the time of service, he is liable for death at the hand of heaven, as [ibid.] states: "And he shall not die."
How many times does he enter on Yom Kippur? Four, as will be explained in the appropriate place.6 If he enters a fifth time, he is liable for death at the hand of heaven.
Halacha 4
One - whether an ordinary priest of a High priest - who enters the Sacred Chamber outside the Holy of Holies not for the sake of service, nor prostrating oneself7 is liable for lashes, but is not liable for death. [This is derived from the above verse which states:] "Before the covering [that is upon the Ark] so that he will not die." [Implied is that] for [unauthorized entry into] the Holy of Holies, he is liable for death, but [entering] the remainder of the Sanctuary is merely the violation of a negative commandment and is punishable by lashes.
Halacha 5
A priest - whether an ordinary priest of a High priest - who departs from the Temple is liable for death8 [at the hand of heaven] only in the midst of his service,9 as [ibid 10:7] states: "From the entrance to the Tent of Meeting, you shall not depart, lest you die." Implied is that you should not abandon the service and leave hastily and in panic because of this decree.10 Similarly, the charge [issued to] the High Priest [ibid. 21:12]: "He shall not depart from the Temple," applies only in the midst of his service, i.e., that he should not abandon his service and depart.
Halacha 6
If so, why was this warning repeated for the High Priest? [Because there is a difference between the laws that apply to him and those which apply to an ordinary priest]. When an ordinary priest was in the midst of his service in the Temple and he heard that a person for whom he is obligated to mourn has died, he should not perform sacrificial service, even though he does not leave the Temple,11 because he is in an acute state of mourning.12 if he performed service while in an acute state of mourning, he profanes his service, whether he is offering an individual sacrifice or a communal offering. A High Priest, by contrast, performs sacrificial service while he is in a state of acute mourning, as [implied by ibid.]: "From the Temple, he should not depart and not profane." Implied is that he should remain [in the Temple] and perform the service with which he was involved and it does not become profaned.
Halacha 7
What is the source that teaches that the service of one in an acute state of mourning is invalid? [It is derived from] an inference from a less severe situation to a more severe one.13 A priest disqualified because of a physical deformity may partake of sacrificial foods.14 Nevertheless, if he performs service, he profanes it.15 How much more so should one who is in acute mourning and thus forbidden to partake of sacrificial foods16 - as [Deuteronomy 26:14] states: "I did not eat from it in a state of acute morning" - profane his service [if he performs it].
Halacha 8
Although a High Priest may perform service while he is in a state of acute mourning, he is forbidden to partake of sacrificial food, as [Leviticus 10:19] states: "If I had partaken of the sin-offering today, would it have found favor in God's eyes."17Similarly, he does not participate in the division of the sacrificial foods so that he could partake of the food in the evening.
When a person in an acute state of mourning performs sacrificial service, he is not liable for lashes. He is permitted to touch sacrificial foods even though he did not immerse himself [in a mikveh], for this safeguard was enforced only with regard to eating. With regard to touching [objects], he is considered as pure, as will be explained in the appropriate place.18
Halacha 9
What is meant by a person in an acute state of mourning? One who lost one of the relatives19 for whom he is required to mourn. On the day of the person's death, he is considered in acute mourning according to Scriptural Law. And at night, he is in acute mourning according to Rabbinic Law.
Halacha 10
When [it was necessary] to wait several days and [only] afterwards, a corpse was buried, for all those days after the day of the deceased's passing, [his relative] is considered in an acute state of mourning according to Rabbinic Law. This also [applies] with regard to the day of burial, but not the following night.
Therefore if [a close relative of a priest] dies and he buries him after the day of his death, throughout the day of the burial, he may not offer or partake of sacrifices according to Rabbinic Law. He should then immerse himself and partake of sacrifices at night. The day on which a person hears a report that a relative of his died within 30 days20 and the day on which he gathers his bones21 is considered as the day of one's burial, but [the restrictions] do not apply at night. On the day of [a close relative's] death, by contrast, just as it is forbidden to partake of sacrificial foods during the day according to Scriptural Law, so too, it is forbidden for him to partake of them that night according to Rabbinic Law. [The only] exception is the Paschal sacrifice which he may eat at night, as will be explained in the appropriate place.22
Halacha 11
Throughout the seven days of mourning, a mourner should not send sacrifices [to be offered in the Temple].23 [Indeed, he should not send] even wine, wood, or frankincense. Similarly, a person afflicted with tzara'at24 should not send his sacrifices [to be offered in the Temple]. For as long as he is not fit to enter the camp [of the Levites],25 he is not fit for his sacrifices to be offered. There is an unresolved question whether a person under a ban of ostracism26may send his sacrifices [to be offered] or not.27 Hence, if they were offered on his behalf, [his obligation] is satisfied.
Halacha 12
A person who is impure because of contact with a dead lizard or the like and an uncircumcised person may send their sacrifices28 and they are offered with the exception of the Paschal sacrifice. That sacrifice may not be offered for a person who is impure because of contact with a dead lizard.29 Nor may a Paschal sacrifice be offered for an uncircumcised person, as will be explained.30 No sacrifices at all are offered for a person who is impure because of contact with a corpse until he becomes ritually pure.31
FOOTNOTES
1.
As explained in Halachah 3.
2.
I.e., to offer incense, kindle the menorah, or to bow.
3.
According to its simple meaning, the prooftext cited below refers only to Aaron. Nevertheless, through the Biblical exegesis, the Sifra interprets it as referring to all priests (Kessef Mishneh).
4.
Sefer HaMitzvot (negative commandment 68) and Sefer HaChinuch (mitzvah 184) include this commandment among the 613 mitzvot of the Torah. In Sefer HaMitzvot, the Rambam explains that this mitzvah is an expression of honor and reverence toward the Temple.
5.
The Kessef Mishneh questions the Rambam's interpretation of the verse, for seemingly, "within the curtain" refers to the Holy of Holies. On the surface, the opposite would be more appropriate: "The Holy Chamber" could be interpreted as referring to the entire Temple and "within the curtain" to the Holy of Holies. He explains the verse as follows: Were the verse to have mentioned "the Holy Chamber" alone, we would have thought that it refers only to the Holy of Holies and not to the Temple at large. Since, however, the verse adds "within the curtain," we understand that it refers to the Holy of Holies" and "the Holy Chamber" refers to the entire Sanctuary.
There is, however, a difference in the punishments for which one is liable for the violation of the two aspects of this commandment, as the Rambam states in Halachah 4.
6.
Hilchot Avodat Yom HaKippurim, ch. 4.
7.
With regard to the priests' prostrating themselves, see Hilchot K'lei HaMikdash5:11. The Kessef Mishneh explains that the priests were not allowed to enter the Sanctuary to prostrate themselves at all times. Instead, they would enter only at a specific time, when the service of the morning was completed.
8.
Sefer HaMitzvot (negative commandment 165) and Sefer HaChinuch (mitzvah 151) include this commandment among the 613 mitzvot of the Torah.
9.
If, however, he is not involved in the Temple service, he is not required to remain in the Temple.
10.
The Ra'avad differs with the Rambam, maintaining that the prooftext the Rambam cites was directed to Aaron's sons and applied only at the time of the death of Nadav and Avihu at the dedication of the Sanctuary. In other instances, there is no prohibition for an ordinary priest to leave the Temple. The prohibition applies to the High Priest alone. The Kessef Mishneh refers to the Sifra which - as interpreted by the Ramban - serves as support for the Rambam's ruling.
11.
The Ra'avad amplifies his difference of opinion with the Rambam, maintaining that the ordinary priest should certainly leave the Temple to participate in the funeral of a close relative. Indeed, he is forced to become impure to take part in the burial. Indeed, since he cannot complete the service, what value is there in him remaining?
The Kessef Mishneh justifies the Rambam's ruling, explaining that were he to depart from the Temple, it would be demeaning to the service that he had performed. The implication would be that it was not of serious importance to him. Also, there is a practical dimension; if he would depart, there might not be anyone to see that the service is in fact completed.
12.
See Halachah 9 for a definition of this term. See also Hilchot Evel 4:6, 9, for particulars with regard to the state of aninut, acute mourning.
13.
The Rambam's statements are taken fromZevachim 17b. The Talmud there offers another derivation. Significantly, in his Sefer HaMitzvot, loc. cit., the Rambam uses that derivation and not the one mentioned here.
14.
See Chapter 6, Halachah 12.
15.
See Hilchot Ma'aseh HaKorbanot 10:17.
16.
See Hilchot Ma'aser Sheni 3:7.
17.
Aaron asked this rhetorical question to Moses after serving in the Sanctuary, but not partaking of the offerings, on the day his sons died.
18.
As explained in Hilchot Shaar Avot HaTuma'ah 12:15, since a person who was in a state of acute mourning was forbidden to partake of holy objects, it is possible that he diverted his attention from his hands and touched a source of impurity unknowingly. Nevertheless, this is only a safeguard and applies only with regard to partaking of food and not to touching it.
[It must be emphasized that there is a difference in the versions of the Rambam's Commentary to the Mishnah (Zevachim12:1). Some versions of the text follow the ruling here, but others state that it is forbidden for a person to touch sacred food.]
19.
A person's mother, father, son, daughter, brother, and sister. One must mourn for his or her spouse according to Rabbinic Law (Hilchot Evel 2:1).
20.
I.e., the person died beforehand and the priest heard the report within 30 days of his death. In that instance, he is required to observe a full week of shivah mourning (Hilchot Evel 7:1).
21.
I.e., unearths his grave for the sake of reburying him in another place.
22.
Hilchot Korban Pesach 6:9. There it is explained that our Sages did not wish to enforce their decree in a situation that would lead to the violation of a transgression punishable by karet.
23.
See Mo'ed Kattan 16b which states that this is derived from the term shelamim ("peace-offerings"). That name implies that these offerings may only be brought when a person is at peace with himself.
24.
A physical ailment similar to leprosy which causes one to become ritually impure.
25.
I.e., the Temple Mount; see Chapter 3, Halachah 2, which explains these concepts.
26.
See Hilchot Talmud Torah, ch. 7, for a definition of this term.
27.
Mo'ed Kattan 15b explains this question as follows: During the 40 years between the sin of the spies and the entry of the Jews intoEretz Yisrael, they were considered as if they were under a ban of ostracism from God. Nevertheless, their sacrifices were offered. Hence one might conclude that even though a person is under a ban of ostracism, his sacrifices may be offered. That conclusion is not accepted unquestionably, however, because it is possible to make a distinction between one who is ostracized by God (as the Jews were in the desert) and one ostracized by man. It is possible that the latter situation is more severe.
28.
They may not, however, enter the Temple themselves to take part in the offering.
The Kessef Mishneh raises a question for it is necessary to perform semichah (leaning on the sacrificial animal with all one's strength; see Hilchot Ma'aseh HaKorbanot, ch. 3) on sacrifices. Since these individuals may not enter the Temple Courtyard, because of their impurity, they cannot perform semichah. Hence, seemingly, the sacrifices should not be offered. The Kessef Mishneh states that perhaps the Rambam is speaking only of certain sacrifices wheresemichah is not required.
29.
Unless he has already immersed himself. See Hilchot Korban Pesach 6:1.
30.
For as explained in Hilchot Korban Pesach2:3, 5-6, the Paschal sacrifice should be sacrificed only on behalf of individuals who are fit to partake of it and a person who is ritually impure and an uncircumcised person are forbidden to do so.
31.
I.e., he must have the ashes of the red heifer sprinkled upon him, and he must immerse in the mikveh.
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Halacha 1
When a person sows vegetables or grain in a vineyard or maintains these species, allowing to grow 1/200th, he causes the vines around it to become hallowed in a radius - not a square1 - of sixteen cubits. We consider the entire circle with a diameter of 32 cubits as if it were filled entirely with vegetables. Any vine that grows in this circle becomes hallowed together with the vegetables. Any one outside the circle is not hallowed.
Halacha 2
When does the above apply? When there are more than four cubits between the edge of this circle and the rows of the vines outside of it.2 If, however, there were exactly four cubits or less between them, we consider the circle as if it reached the row which is next to it and it is as if the diameter of the circle is 40 cubits. We take into consideration every vine that is included in this circle that is 40 cubits in diameter and it is hallowed.
Halacha 3
When does the above apply? When one sows or maintains the different species in the midst of the vineyard. When, however, he sows [the grain or vegetable] outside the vineyard, but next to it, he causes the two rows of the vines3 next to [the different species] sown to become hallowed. [The hallowed portion of the vines continues] over the entire length of [the area] sown plus four cubits [on either side]. A portion four cubits wide [of the area] sown along the entire length of the [external] row of the vineyard becomes hallowed.4 If one sows [such crops] next to a single vine, only a circle with a radius of six handbreadths of the area sown becomes hallowed.5
Halacha 4
A small vine that is less than a handbreadth long does not cause the sown [area]6 to become hallowed.7 When does the above apply? When there are two [vines] planted opposite two others and another one projects as a tail.8 If, however, the entire vineyard [was planted] in this manner, it does become hallowed.9
Halacha 5
[The following rules apply when there are] two gardens one above the other10and the lower one is planted as a vineyard. One should plant the upper one until he reaches within the aerial space of ten handbreadths of the vineyard.11For it is forbidden to sow seeds within ten handbreadths of the aerial space of a vineyard or a vine. If the upper [garden] was planted as a vineyard, one should sow the lower garden until he reaches within three handbreadths of the roots of the vines.
Halacha 6
When a person's field was sown with vegetables or grain and he changed his mind and decided to plant vines in it, he should turn over the sown produce with a plow and then plant the vines.12 He should not plant the vines and then turn over [the produce].
If it was planted with vines and he changed his mind and decided to sow crops there, he should uproot the vines and then sow the crops. If he desires to merely cut off the vines until there is less than a handbreadth of them near the earth, it is permissible for him to sow [the crops at this point] and then uproot the remainder of the vines from the earth.13
Halacha 7
[The following laws apply when a person] extends a vine [by embedding it] in the earth,14 even if he encloses it in a dried15 gourd that serves as a cylinder for it or in an earthernware cylinder.16 If there are three handbreadths or more of earth covering it, it is permitted to sow [crops of other species] above it.17 If there was less earth than that upon it, it is forbidden to sow above it18 It is, however, permitted to sow at its side.19
Halacha 8
If he extended it through hard ground,20 it is permitted to sow crops over it even if there are only three fingerbreadths and not three handbreadths of earth upon it.21
When does the above apply?22 When the base of the vine is not visible. If, however, it is visible, it is necessary to make a distinction of [at least] six handbreadths23 at either side in every direction before sowing just as one must make such a separation from any one vine that was not extended in the ground, as will be explained.24
Halacha 9
When a person extends three vines in the ground, but their bases are visible, if there are between four and eight cubits between them,25 they are grouped together with the other vines that are growing [in the vineyard]26 and it is as if they were not extended in the ground. If not, they are not included among the others.
Halacha 10
Halacha 11
Anyone who sows crops under branches and leaves that emerge from the vines causes [the produce] to be hallowed even though the crops are several cubits away from the base of the vine.29
Halacha 12
When a person drapes a vine over a portion of a trellis30 [intended for vines], he should not plant [crops] under the remainder of the trellis31 even though there are no leaves or branches upon them.32 If he did plant there, since there are no crops under the shade of the vine, it is permitted.33 Similar [laws apply] if he draped a vine over some branches of a tree that does not produce fruit,34e.g., cedars or pines. If, by contrast, he draped a vine over some of the branches of a fruit-bearing tree, it is permitted to sow under the branches of the tree where the vine was not draped. [The rationale is] that a person does not nullify a fruit-bearing tree to make it a trellis for a vine.35
If, after [produce] was sown, the branches were extended and covered the produce, they should be shifted to another place.36
Halacha 13
When a person sows under the remainder of the trellises37 or under the remainder of the branches of a tree that does not produce fruit38 and then the branches of the vine were extended and covered the crops, it is forbidden to maintain them or shift the branches [of the vine].39 What should he do? He should uproot the crops.
Halacha 14
When reeds are jutting out from the lattice on the surface of a trellis, but [the owner] does not want to jut them off lest he destroy the trellis, he is permitted to sow [crops] under them.40 If he left them so that the branches and leaves that emerge will grow upon them, it is forbidden to sow [crops] under them.
Halacha 15
When a branch41 emerges from a vine which is propped up42 or from the trunk of a vine that is not propped up, 43 we considered it as if a plumb line is hanging from it to the earth and it is forbidden to sow under it. Similarly, if one extends a branch from one tree to another, it is forbidden to sow under it.
Halacha 16
When a person ties a rope or rubber cord to a branch and ties the other end to a tree, he is permitted to sow [crops] under the rope.44 If he extended this rope with the intent that the branches and leaves will grow upon it, it is like a trellis and it is forbidden to sow under it.
FOOTNOTES
1.
And thus the vines on the corners are permitted.
2.
The Rambam derives these concepts from an analysis of the wording of Kilayim 5:5. To explain: The Mishnah states: "[A person who] plants a vegetable in a vineyard... causes 45 vines to be hallowed. When? When they are planted, each one four [cubits from the other] or five [cubits from each other]." As the Rambam explains in his Commentary to the Mishnah, if the vines are five cubits away from each other, some of the 45 vines will be outside the circle. Now its true, that if the vines are four cubits away from each other, there will be individual vines within four cubits of the circle. There will not, however, be "rows of the vines" outside the circle.
The Ra'avad differs with his interpretation. The Radbaz and the Kessef Mishnehsupport the Rambam's view.
3.
Since the prooftext cited above speaks of "the vineyard" becoming hallowed, the area that becomes hallowed must be at least two rows wide, for only that is worthy of being called "a vineyard" [the Rambam's Commentary to the Mishnah (Kilayim 4:5)]. The Ra'avad objects to the Rambam's ruling, but the Radbaz and the Kessef Mishneh question his objection.
The Kessef Mishneh also clarifies that here a smaller portion of the vineyard is forbidden than in the previous halachah, because the mixed species is not surrounded by the vineyard on all sides. Hence, only four cubits, the area is necessary to perform the work necessary for the vineyard, is forbidden.
4.
The Radbaz adds that if one sows the vegetables or grain beyond the row of the vineyard, a four cubit portion of that area is also forbidden.
5.
For this is the size of the area necessary to tend to a single vine (Kilayim 6:1).
6.
This applies regardless of the species of crops sown there (in contrast to the opinion of Rashi, Sotah 43b) [Kessef Mishneh].
7.
I.e., because the plants are small, planting them is not considered planting a "vineyard." See also Hilchot Ma'aser Sheni 10:19. It is possible to say that one should, however, keep a distance of six handbreadths between them and grain or vegetables, as stated in the previous halachah with regard to a single vine.
8.
See Chapter 7, Halachah 7, which describes vines planted in this manner as "a small vineyard."
9.
For this indicates that this person considers this as a vineyard; alternatively this is a Rabbinic safeguard, lest an observer think that planting other species is permissible in an ordinary vineyard (Radbaz).
10.
This refers to a terraced hill with gardens planted on an incline (Radbaz)
11.
The notes to the Frankel edition of theMishneh Torah cite Hilchot Shabbat 4:4,18 which speaks about the significance of ten handbreadths of space.
12.
From the ruling in Chapter 2, Halachah 13, it would appear that he should also wait until the seeds rot (Tosafot Yom Tov).
13.
The Radbaz states that following this course of action will be beneficial, for pulling out the vines will save him the trouble of having to cover the seeds with earth, for that task will be accomplished as a matter of course.
14.
The Rambam is referring to a process which was used to extend a vine and increase its fertility. For if a vine was allowed to grow endlessly, its fertility would wane as it grew longer. Therefore its head was implanted in the ground. There it would grow roots - thus increasing the nurture it could give the plant - and then from the embedded head would sprout forth a new plant.
15.
If the gourd is not dried out, it is certainly forbidden, because the gourd itself is a separate species.
16.
Since as the vine's roots grow, they will emerge from the sides of these cylinders, they are considered as subservient to the earth and not as independent entity. If, however, the person places the vine in a metal pipe, these laws do not apply (See the Jerusalem Talmud, Kilayim 7:1).
17.
Since it is buried so deeply in the earth, it is no longer considered significant.
18.
Because the amount of earth over it is not that much to cause it to be considered as insignificant.
19.
Were it above ground, by contrast, one would have to move six handbreadths away before sowing a crop.
20.
Our translation is based on the Rambam's Commentary to the Mishnah (Kilayim 7:2).
21.
For its roots will not emerge.
22.
This applies to the previous halachah as well.
23.
The notes to the Frankel edition of theMishneh Torah mention that this ruling appears to be somewhat of a departure from the Rambam's understanding as reflected in his Commentary to the Mishnah (loc. cit.).
24.
Chapter 7, Halachah 1.
25.
When vines are this distance apart they are still considered as part of the same vineyard (Chapter 7, Halachah 2).
26.
The Ra'avad differs with the Rambam and maintains that this law applies even if there are no other vines. He maintains that since a portion of the vines extended in the ground is visible, they themselves can be grouped together and considered a vineyard, because the three bases and the three heads are considered as six vines. The Radbaz and the Kessef Mishneh justify the Rambam's ruling. They do not dispute the law mentioned by the Ra'avad, but maintain that it is not the interpretation of the mishnah cited above. (Significantly, the Rambam's Commentary to the Mishnah appears to follow the Ra'avad's approach.)
27.
The Rambam derives this law from the fact that the mishnah cited above speaks of "three vines." Implied is that the law does not apply to less.
28.
As stated in Halachah 8.
29.
I.e., even though the branch is only an extension of the vine, sowing under it is forbidden. See Halachah 15.
30.
See Chapter 8, Halachah 1, for a description of such trellises.
31.
I.e., a person prepared a series of trellises over which to drape a vine. In fact, however, he did not drape the vine over the entire area of the trellises, only over a portion of it. He should, nevertheless, be stringent and regard the vine as growing over the entire trellis, because ultimately, it will spread over it.
32.
The rationale is that they are placed there so that ultimately, the vine will grow and be extended upon them.
33.
For unless the vine spreads there, the prohibition is merely a Rabbinic safeguard.
34.
I.e., it forbidden to sow crops under the entire tree. The produce becomes hallowed, however, only when sowed under the area where the vine is actually draped.
35.
Since it is a fruit tree, it has its own importance and it is never considered as merely a trellis for the grapes as long as the grape vine is not draped over these branches.
36.
Note the contrast to the stringency mentioned in the following halachah. The reason for the leniency in this halachah is that the branches of a fruit-bearing tree are considered entities in their own right and are not subservient to the vine. Hence, since it was permitted to sow the crops there, they are not forbidden if the vine grows unintentionally.
37.
I.e., portions of the trellises to which the vines have not spread.
38.
For they are considered as equivalent to the trellises, as stated in the previous halachah.
39.
Since he transgressed by sowing there, our Sages required him to uproot the crops (Radbaz). From the Rambam's wording here and in his Commentary to the Mishnah (Kilayim 6:3), it would appear that he maintains that only the crops are forbidden, but not the vines.
40.
Since his intent is not to drape vines upon them, they are not considered as part of the trellis [the Rambam's Commentary to the Mishnah (ibid. 6:8)].
41.
Our translation is taken from the Rambam's Commentary to the Mishnah (ibid. 6:9).
42.
Our translation is taken from the Rambam's Commentary to the Mishnah (ibid. 7:1).
43.
Since he transgressed by sowing there, our Sages required him to uproot the crops (Radbaz). From the Rambam's wording here and in his Commentary to the Mishnah (Kilayim 6:3), it would appear that he maintains that only the crops are forbidden, but not the vines.
44.
For he is not planning to have the vine grow upon it.
Kilaayim - Chapter 7
Halacha 1
When a person comes to sow [crops] next to a vineyard, he should move four cubits from the roots of the vines1 and sow.2 From a single vine, he should move six handbreadths away and sow.
If there was a row of vines, one next to each other - even 100 of them - it is not considered as a vineyard, but as a single vine. One must move [only] six handbreadths away from the row [before] sowing. If there were two rows, one must move four cubits away from every side before sowing.3
Halacha 2
How many vines must there be in each row? Three or more.4
When does the above apply?5 When there are between four and eight cubits between each vine. If, however, there are eight cubits besides the place of the vines between the two rows, they are considered as distinct from each other. They are not considered as a single vineyard and there is no need to separate more than six handbreadths from each row. Similarly, if there are less than four cubits6 between each of [the two rows], they are considered as a single vine and it is [only necessary] to make a distinction of six handbreadths on each side.
Halacha 3
Halacha 4
Therefore if a person sows his vineyard from the outset with an eight cubit separation left between each row, he is permitted to sow crops within it, leaving a distance of only six handbreadths between [the crops and] every row of vines.9If, however, he sowed [crops] outside the vineyard, he must make a separation of four cubits from the outer row, as applies with regard to other vineyards.10 The laws [applying to the space] between the rows of this vineyard are not the same as those that apply to a vineyard whose center was devastated,11 for from the outset, he planted them in a separate manner.
Halacha 5
When there was one row of vines in a field and another row in a field belonging to a colleague that was opposite it and close to it, [the two rows] can be combined to be considered as a vineyard12 although there is a private path, a communal path,13 or a fence which is less than ten handbreadths high14 provided there are less than eight cubits between them.
Halacha 6
Halacha 7
When a person plants five vines: two opposite each other and one which projects like a tail, it is called a small vineyard.17 It is necessary to separate four cubits from it on all sides. If, however, however, he planted two opposite two and one in the middle or one row of three and two opposite them in a second row,18they are not considered a vineyard and it is only necessary to make a separation of six handbreadths on each side.
Halacha 8
[The following laws apply when] a vineyard has been devastated. If there are ten vines [whose produce] can be reaped in an area fit to harvest a se'ah [of grain]19 and they are planted two opposite two and one projecting like a tail or it is possible to see them as two rows of three, it is called a meager vineyard20and it is forbidden to sow [crops] in it.
Halacha 9
[The following laws apply when] a vineyard is not planted in rows, but rather randomly. If it is possible to see [the vines] as having been planted two opposite three,21 it is considered as a vineyard.22 If not, it is not considered a vineyard and it is sufficient to separate only six handbreadths from each individual vine before sowing.
Halacha 10
When the base of the vines are [planted] opposite each other, but the branches are not growing opposite each other, it is considered a vineyard.23 If the branches are [growing] opposite each other, but the bases are not [planted] opposite each other, it is not considered a vineyard. If when the vines were thin, they were not [positioned] opposite each other, but when they grew thick, they were positioned opposite each other, it is considered a vineyard.
How should one know if the vines are planted opposite each other? He should take a measuring line and measure from one to the other.
Halacha 11
[The following laws apply when] the middle of a vineyard has been devastated, but it remains complete on all its sides. If the empty portion in the center [has a diameter of] sixteen cubits, one may separate four cubits24 from the base of the vines on each side and sow in the midst of the empty portion.25 If [the diameter] is less than sixteen cubits, he should not bring seed there.26 If he did sow there, since he made a separation of four cubits from the vineyard's vines on all sides, [the produce] does not become hallowed.
Halacha 12
Halacha 13
If it was less than twelve cubits wide, he should not bring seeds [to sow] there. If he did, since he made a separation of four cubits [between the seeds and the vineyard, the produce] does not become hallowed.29
When does the above apply? In a large vineyard.30 [The laws of] "a forsaken portion," by contrast, do not apply with regard to a small vineyard.31 Instead, one may make a separation of four cubits from the end of the vines and sow until the fence. Similarly, if there are eight cubits or more between each row of a large vineyard,32 [the laws of] "a forsaken portion," do not apply.33
Halacha 14
If the fence surrounding the vineyard was less than ten handbreadths high or it was ten handbreadths high, but not four handbreadths wide,34 [the laws of] "a forsaken portion," do not apply.35 Instead, one should make a separation of four cubits from the base of the vines and sow until the barrier. Even if there are four and a half cubits between the vines and the barrier, he may sow the half cubit.
Halacha 15
When a fence is ten handbreadths high or a trench is ten handbreadths and four handbreadths wide, it is permitted to plant a vineyard on one side and vegetables on the other side.36 Even if there is a barrier made of reeds [with spaces in between them], as long as there is less than three handbreadths between one reed and another,37 the fence is considered as separating between the vineyard and the vegetables.
Halacha 16
[The following laws apply when] the fence separating between the vineyard and the vegetables is breached. If it is ten cubits or less, it is considered as an entrance and it is permitted. If the breach was more than ten [cubits], [it is] forbidden [to sow vegetables] opposite the open portion unless he moves the required measure away38 from the vines.
[The following rules apply when] there are many breaches39 in the fence.40 If the [portions of the fence that remain] standing are equal to those that have been breached, it is permitted as if there was no breach. If the breached portions exceed those which remain standing, he should not sow in front of all those open spaces unless he separates in the appropriate manner.41
Halacha 17
Halacha 18
When a building is partially covered by a roof and partially open and vines are planted on one side, it is permissible to plant vegetables on the other. [The rationale is that] we consider it as if the end of the roof descends and closes [the area] off and creates a barrier between them.46 If he completes the roof, it is forbidden [to plant two species].47
Halacha 19
When [the walls of] a small courtyard were breached entirely to a large courtyard and there were vines in the large courtyard, it is forbidden to sow [other produce] in the smaller one.48 If he sows there, that produce is forbidden and the vines are permitted. If there were vines in the smaller [courtyard], it is permitted to sow other produce in the larger one.49 [The rationale is] that since the larger [courtyard] has barriers on either side,50 it is considered as separate from the smaller one. The smaller one, by contrast, is not considered as separate from the larger one.
Halacha 20
[The following laws apply when] a trench that is ten [handbreadths] deep and four [handbreadths] wide passes through a vineyard. If it passes from the beginning of the vineyard to the end, [since] it appears as [passing] between two [separate] vineyards, it is permitted to sow [other crops] in it, provided the vines do not become draped over it, as we explained.51
Halacha 21
Halacha 22
[The following laws apply with regard to] a mound56 in a vineyard. If it is ten [handbreadths] high and four [handbreadths] wide,57 it is permitted to sow vegetables on its top as long as the branches of the vine do not touch58 it so that from above, there does not appear to be vegetables in the midst of the vineyard.
Halacha 23
When there is a building in a vineyard, if it is three handbreadths or more62 by three handbreadths until four handbreadths,63 one may sow vegetables inside of it.64 If it is less than three handbreadths by three handbreadth, it is considered as closed65 and one should not sow [vegetables] within it.
Halacha 24
When one vine is planted in a pit66 or in the midst of a trench, one must separate six handbreadths67 from it, [then] one may sow [other crops] in the remainder of the trench as one would do on flat ground. If the trench was ten handbreadths deep and there was a border on the edge of the trench with a top four handbreadths wide, it is forbidden to sow other crops inside of it even though one made a separation of six handbreadths.68
Halacha 25
Similarly, when there is one vine that is surrounded by a fence that is ten handbreadths high and four handbreadths wide, one should not sow [other produce] in the entire area set off by the barriers69 even though one makes a separation of six handbreadths. If one made a separation of six handbreadths and sowed, however, the produce is not hallowed.70
What is the initial and preferred size of the separation one should make? Four cubits on every side.71 Afterwards, he may sow [other produce] in the remainder of the trench or in the remainder of the area surrounded by a fence.
FOOTNOTES
1.
See Chapter 8, Halachah 3.
2.
For this is the space necessary to tend to the vineyard (Kilayim 7:1).
3.
For this is considered as a vineyard.
4.
Note, however, the exception in Halachah 7.
5.
I.e., when are the vines considered as a collective, a vineyard, and not individual entities.
6.
Here the four cubits are measured tightly, rather than amply. See Chapter 8, Halachah 12.
7.
When the vines are planted so densely, they will not grow well. Thus we assume that ultimately, the middle vines will be uprooted. Since that is their eventual fate, even while they exist, they are not considered as significant entities.
8.
For each row is considered as an independent entity and hence, it is only necessary to make a six handbreadth separation between them.
The Ra'avad follows a more stringent view and maintains that since there are three rows, they appear as a vineyard. Unless there is a significant distance - sixteen cubits - between them, they are considered as a collective. The Kessef Mishneh states that although the Mishnah (Kilayim 4:8) appears to support the Ra'avad's view, the Rambam's opinion has its source in the Jerusalem Talmud.
9.
For, with regard to the produce sowed within it, each row is considered like an individual vine.
10.
The rationale is that this vineyard was designated as a vineyard from the outset and an outside observer should be able to see that it is separate from an adjoining field. Hence, a proper separation must be made from its outer borders. The Ra'avad differs, stating that if a separation is required outside it, one certainly should be required inside it. The Radbaz and the Kessef Mishnehsupport the Rambam's view.
11.
In which instance, it is necessary to make a separation of four cubits, as stated in Halachah 11.
12.
Despite the fact that the two rows of vines belong to two separate individuals, since they are close enough to appear as a single entity, it is forbidden to sow crops between them and one must make a separation of four cubits on the outside [the Rambam's Commentary to the Mishnah (Kilayim 4:7)].
13.
Inspired by the Ra'avad's gloss, we have chosen this translation, rather than the term "public thoroughfare" which is usually used, because, here the road is no more than eight handbreadths wide, as stated at the conclusion of the halachah, while a "public thoroughfare" is sixteen cubits wide, as stated in Hilchot Matanot Aniyim 3:3 andHilchot Shabbat 14:1. Notably, in his Commentary to the Mishnah (loc. cit.), the Rambam mentions the figure of sixteen cubits.
14.
If, however, it is ten handbreadths high, it is considered as a distinguishing factor, as stated in Chapter 3, Halachah 15.
15.
Certain restrictions, nevertheless, apply, as stated in Chapter 6, Halachah 5.
16.
According to the standard published text of the Rambam's Commentary to the Mishnah (Kilayim 6:2), the Rambam changed his mind when issuing the ruling here. Rav Kappach, however, maintains that a printing error crept into that text.
17.
Ordinarily, a vineyard must have at least two rows of three vines each, as implied by Halachot 1-2. The differences between an ordinary vineyard and a small vineyard are mentioned in Halachah 13.
During the Talmudic era in Eretz Yisrael, it was very common to plant vineyards with five vines. See the accompanying diagram.
18.
This represents the Rambam's interpretation of the phrase "two opposite two, and one in between" in Kilayim 4:6.
19.
50 cubits by 50 cubits.
20.
I.e., it is obviously sparsely planted. Nevertheless, there are enough vines in it for it to be called a vineyard and sowing other species is forbidden.
21.
The Radbaz and Rav Yosef Corcus interprets this as meaning "two opposite two and one projecting like a tail" as in the previous halachot.
22.
And it is forbidden to sow other crops there and one must separate four cubits from its outer perimeter before sowing other crops.
23.
I.e., and not as individual vines. Hence, the restrictions mentioned in the previous note apply.
24.
The amount of space necessary to perform work in the vineyard.
25.
Thus he will save a circle with a radius of at least 8 cubits in which to sow crops [the Rambam's Commentary to the Mishnah (Kilayim 4:1)].
26.
For the area is still considered as a vineyard.
27.
Our translation is based on the Rambam's Commentary to the Mishnah (loc. cit.).
28.
The requirement of twelve cubits is determined as follows: Four cubits are required for the tilling of the vineyard and four cubits are required for a path near the fence. If the remaining space is less than four cubits wide, it is not significant and is considered subsumed to the vineyard. If it is larger than that, it is considered as an independent entity and it is permitted to sow crops in it (Eruvin 93ab).
29.
For the prohibition is a Rabbinic safeguard.
30.
I.e., one with at least three rows of three vines.
31.
From the Jerusalem Talmud (Kilayim 4:1), it appears that this term refers to a vineyard with three rows of two vines. Certainly it applies to one with only five vines, as described in Halachah 7.
As mentioned above, with regard to a large vineyard, the owner is willing to refrain from sowing the four cubits next to the fence so that they can be used as a path. With regard to a small vineyard, he is not prepared to forgo the use of so much space.
32.
In which instance, the leniency mentioned in Halachah 3 applies (Kessef Mishneh).
33.
Since this vineyard is planted irregularly, the laws governing the ordinary pattern in which vines are planted do not apply (ibid.).
34.
This is referring to a stone fence, which was usually built ten by four.
35.
One of the reasons four cubits were left open next to the fence for people to walk was that walking there strengthened the fence. A fence that does not possess those dimensions does not need to be strengthened.
36.
Without moving away from the fence or trench. The fence or the trench itself creates a distinction between the two crops.
37.
The rationale is that within three cubits, we apply the principle of l'vud and the open space between the reeds is considered as closed [the Rambam's Commentary to the Mishnah (Kilayim 4:3)].
38.
Four cubits.
39.
That are less than ten cubits wide.
40.
With regard to the following, note the parallels to Hilchot Shabbat 16:16.
41.
He may, however, sow opposite the portions that remain standing, provided they are four cubits wide.
42.
And there is grain or vegetables growing outside it.
43.
As a warning. At this stage, the status of the produce is not changed.
44.
And the produce increases 1/200th in size.
45.
Because there is no distinction between the other produce and the vineyard.
46.
Note the parallels in Hilchot Shabbat 17:35;Hilchot Sukkah 4:5, 8-9.
47.
Even though the vineyard is indoors, there is still a Rabbinic prohibition involved.
48.
For the two courtyards are considered as a single entity. Note the parallels in Hilchot Tefilah 8:7-8; Hilchot Eruvin 3:24.
Rashi, Eruvin 92b states that even if one makes a separation of four cubits, it is forbidden to sow in the smaller courtyard, because it is considered as an entranceway to the larger one.
49.
Provided one separates four cubits.
50.
I.e., a portion of its walls remain standing.
51.
See Chapter 5, Halachah 8, Chapter 6, Halachah 11, and Halachah 22 of this chapter.
52.
And is thus surrounded by the vineyard on all three sides. Accordingly, although the trench is a separate entity, it is forbidden to sow within it.
53.
As stated in Halachah 11.
54.
When mentioning the principles upon which this law is based, Kilayim 4:2-3 does not speak of a path. The Rambam, however, mentions it as a further inclusion, teaching that even if people use it to walk back and forth, it is not considered a separation unless it is of the appropriate length (Radbaz).
55.
Halachah 11.
56.
Alternatively, a guardhouse.
57.
Since it has these dimensions, it is considered as a separate entity, distinct from the vineyard. Although a trench must pass from one end of the vineyard to the other as stated in Halachah 20, greater leniency is granted in this instance, because the mound stands out because of its height.
58.
This reflects the Rambam's translation of the word kotesh in Kilayim 5:3.
59.
Since the space is rectangular, it is distinct and considered significant, even if it is not four handbreadths by four handbreadths (P'nei Moshe, Jerusalem Talmud, Kilayim5:3).
60.
I.e., it must be able to circumscribe a square four handbreadths by four handbreadths (Radbaz).
61.
I.e., if the base of the mound was a stone, there must be three handbreadths of loose earth.
62.
Our translation, though not literal, is based on the gloss of the Radbaz.
63.
The meaning of this phrase is somewhat problematic and in fact it is lacking in certain versions of the Mishneh Torah. According to the Jerusalem Talmud, this refers to the height of the building. The intent being that if the building is not four cubits high, one must hollow out its earth so that it reaches the height of four handbreadths.
64.
Because of its walls, the building is a distinct entity and one may sow up to the wall itself, even at the entrance. There is no need to make a separation (Radbaz).
65.
Based on the halachic principle of l'vud.
66.
In his Commentary to the Mishnah (Kilayim5:4), the Rambam writes that this refers to a pit used to store water.
67.
For this is the amount of space necessary to till one vine (ibid.).
68.
This is a continuation of the principle stated in the following halachah (Rav Yosef Corcus).
69.
Since the fence is significant, it causes everything contained within it to be considered as a single entity. Hence, the entire enclosed area is considered as a vineyard even though it contains only one vine (Radbaz).
70.
For the minimum requirements have been met.
71.
For this is sufficient even in a vineyard.
Kilaayim - Chapter 8
Halacha 1
When vines grow in their natural manner with their branches and their clusters lying on the earth, [the place where they grow] is called a vineyard (kerem). When, however, a person creates something like a bed or a platform raised above the earth so that the clusters and the branches will be extended over it and he lifted up the foliage of the vines from the ground unto that trellis and draped them over it, it is called an aris. The branches and the like from which the trellis or platform was made and upon which the foliage of the vine is draped are called apiperot. Different laws apply to an aris.
Halacha 2
When a person plants one row of five or more vines and drapes them over a wall that is ten handbreadths high or the like, or he planted them on the side of a trench1 that is ten [handbreadths] deep and four [handbreadths] wide, they are [also] classified as an aris. It is necessary to separate from an aris four cubits [before] sowing [other produce], similar to the separation [required in] a vineyard.2
Halacha 3
From where do we measure? From the base of the fence over which he draped them. What is implied? He made a separation of a cubit between the row of vines and the wall. Thus the aris is made from the vines and the wall, he should measure four cubits from the wall and sow.3 Thus there are five cubits between [the crops] sown and the base of the vines. If he seeks to sow on the side of the vines, he should separate four cubits from the base of the vines. Thus he is five cubits away from the wall. This is the pattern followed when dealing with any aris.
Halacha 4
Whether one built the fence and then planted the vines or planted the vines and then built the fence, since he draped [the vines on the fence], it is considered as an aris. If the fence was destroyed4 or the trench filled, the arisceases to exist and the entire row is considered as individual vines.5
Halacha 5
When an aris is destroyed6 in the middle and there remain five vines on one side of the fence and five vines on the other side of the fence opposite it,7 it is called "separate portions of an aris." If there are eight cubits and one sixtieth of a cubit between them,8 one must separate [only] six handbreadths between each row before sowing, provided he does not sow beneath the trellises as explained.9
Halacha 6
If there is exactly eight cubits between them, one should not bring seed there. If he did sow [other crops] there, since he separated six handbreadths [from each of the rows of vines], the produce is not hallowed. If there is no fence there,10 [all that is necessary is to] separate six handbreadths from each row and sow it. For there is no aris, nor the separated portions of an aris. If he went back and rebuilt the fence,11aris is considered to have been renewed or the separated portions of an aris to have been renewed.
Halacha 7
[The following laws apply when there is] a small garden that is surrounded by a fence and one draped the vines12 [growing] around it on the outside on all of its walls.13 If [the garden] contains the space for a reaper and his basket to stand on one side14and the space for a reaper and his basket to stand on the other side, one may sow vegetables in it,15 because it is surrounded with a fence. If it is not that large, one may not sow in it, because the entire area appears as one aris with vegetables in it.16
Halacha 8
[The following laws apply when] vines were planted on a terrace and their trellis17 extends and gives shade over a field. If one can stand on the earth and harvest the entire vine,18 we consider the entire area under the vine as if it was the base of the vines and forbid a radius of four cubits in the field on every side of the edge of the trellis. If he cannot reap [the grapes] unless he steps on a step or a ladder, it is forbidden only to sow under the trellis itself.19
Halacha 9
When there are two walls perpendicular to each other and vines are planted in the corner between them, the trellis extends outward from the corner and ends [in the midst of the area],20 one may separate the [required] measure21from the base of the vines and sow in the place where the trellis ends and there is no aris. Although [the crops] were sowed between two walls between which there is an aris, since he separated the required measure, he may sow [other crops] between the walls.
Halacha 10
[The following rule applies when] the trunk of a vine ascended above the ground, then became bent and extended along the earth, and then ascended like a knee. When we measure between the vine and other [crops] six handbreadths or four cubits, we measure only from the end of the portion that rises up and not from the base of the first vine.22
Halacha 11
We have already explained23 that although one makes the required separation between the [other crops] sown and the vine, it is necessary to be careful that the vine will not provide shade for the vegetables, nor may the vegetables provide shade for the vine. If one sowed vegetables or grain and they grew and afterwards draped a vine over them, the straw [of the crops] are permitted,24 but the grain must be burnt. If the roots of the vine emerged in the four cubits between the vineyard and grain, they must be uprooted. If the roots of the grain emerge within these four cubits, it is permitted.
Halacha 12
Halacha 13
All of the measures in which separations are made between vines and grain or vegetables apply only in Eretz Yisrael27 or in Syria.28 But in the Diaspora, it is permitted to sow [other crops] at the side of vines29 in a vineyard at the outset. In the Diaspora, it was forbidden only to sow two types of vegetables or grain and grape seeds in one handful.
Halacha 14
Although it is permitted to sow vegetables at the side of a vineyard in the Diaspora, the vegetable that is sown there is forbidden to be eaten, even in the Diaspora.32 [This applies] provided one sees the owner harvest it and sell it. If, however, one is in doubt whether [the produce comes from there], it is permitted,33 as we explained in Hilchot Ma'achalot Assurot.34
FOOTNOTES
1.
And lowered the branches and the clusters into the trench.
2.
Thus the laws governing an aris are more severe than those governing a vineyard. For in a vineyard, it is not necessary to separate more than six handbreadths, because one row is not considered as a vineyard (Chapter 7, Halachah 1).
3.
Generally, a fence creates a distinction and it is not necessary to make a separation on its outside (Chapter 7, Halachah 14). In this instance, however, since the vines are draped over the fence itself, it is considered as part of the aris and a separation is required (Kessef Mishneh).
The Ra'avad differs and maintains that a fence always creates a distinction and there is no need to separate on its outer side. The source for the Rambam's ruling is Kilayim6:1. Significantly, in his Commentary to the Mishnah, the Rambam follows the Ra'avad's approach and maintains that one measures only on the inside of the fence. There he explains that the School of Hillel, whose view is accepted as halachah, maintains that one measures four cubits from the fence. Thus the other crops need only be separated three cubits from the base of the vine.
Rav Kappach notes that in a manuscript copy of the Rambam's Commentary to the Mishnah, Rav Avraham, the Rambam's son, corrected his father's text, based on the ruling here. The Radbaz and the Kessef Mishneh note that the Rambam's change of mind is dependent on his understanding of the treatment of the mishnah in the Jerusalem Talmud.
4.
The Radbaz mentions that the fence does not have to be destroyed entirely. As long as its height is reduced below ten handbreadths, the laws of an aris no longer apply.
5.
As stated in Chapter 7, Halachah 1.
6.
The Radbaz mentions that the fence does not have to be destroyed entirely. As long as its height is reduced below ten handbreadths, the laws of an aris no longer apply.
7.
There were two rows of vines separated by a wall over which they were both draped. Thus the wall causes them to be considered as a single entity. The Ra'avad offers a different interpretation of this situation.
8.
As long as there are slightly more than eight cubits between the two rows, they are considered as separate entities and not as a single vineyard, as stated in Chapter 7, Halachah 2. As the Mishnah states (Kilayim6:6), this is the only instance where an extra amount beyond whole numbers is required.
9.
Chapter 6, Halachah 12.
10.
I.e., it was destroyed entirely or partially.
11.
Either partially or to a height of ten handbreadths.
12.
I.e., at least five vines.
13.
This follows the Rambam's approach (explained in Halachah 3), that a fence over which vines are draped does not act as a separation for them even if they are located outside it. The Ra'avad differs in his gloss to that halachah and differs in this instance as well. [Significantly, in his Commentary to the Mishnah (Ediot 2:4), the Rambam resembles the Ra'avad's interpretation here.]
14.
The Jerusalem Talmud (Kilayim 6:1) interprets this as being two cubits: one for the reaper and one for his basket.
15.
He must, however, separate six handbreadths [the Rambam's Commentary to the Mishnah (Kilayim 6:2)].
16.
Since the space between the two fences is very small, the entire area is considered as a single unit.
17.
I.e., a trellis ten handbreadths high.
18.
I.e., they extend low enough that he can reach them without standing on any support.
19.
As would be the law if there was only one vine.
20.
In his Commentary to the Mishnah (Kilayim6:7), the Rambam depicts this situation as illustrated. Rabbenu Shimshon and the Ra'avad do not accept his interpretation.
21.
Six handbreadths [the Rambam's Commentary to the Mishnah (Kilayim 6:7)].
22.
In his Commentary to the Mishnah (Kilayim7:1), the Rambam adds: "If [the original stem] was apparent and obvious that it is the base of the vine that became bent, we measure from the original base."
23.
Chapter 6, Halachah 11.
24.
For they were produced before the vines were introduced (Radbaz; see Chapter 5, Halachah 13).
25.
I.e., that one's fingers are not tightly pressed together, but held in a manner that allows air to pass between them [the Rambam's Commentary to the Mishnah (Eruvin 1:1)]. See also Hilchot Shabbat 17:36.
26.
See Chapter 7, Halachah 2.
27.
Where the prohibitions against mixed species apply according to Scriptural Law.
28.
Which in certain contexts is considered asEretz Yisrael (see Hilchot Terumot 1:3-4) and where they apply according to Rabbinic Law.
29.
Among the vines themselves, however, it is forbidden to sow, even in the Diaspora (Kessef Mishneh).
30.
One may not, however, ask a Jewish child to perform such an activity, lest he become habituated to transgression (Shabbat 139a).
31.
The Turei Zahav 296:21 rules that even at the outset, it is permitted to ask a gentile child to do this.
32.
The Kessef Mishneh quotes Rabbenu Asher as differing with this ruling and permitting the vegetables to be eaten. The Shulchan Aruch(Yoreh De'ah 296:69) follows the Rambam's ruling, while the Rama follows that of Rabbenu Asher.
33.
The conclusion of the tractate Orlah relates that if vegetables are being sold outside a vineyard in the Diaspora, one may purchase them provided one does not see them being harvested.
34.
Hilchot Ma'achalot Assurot 10:6-8.
• English Text | Video Class•
"Today's Day"
Friday, Adar II 8, 5776 · 18 March 2016
Monday Adar Sheini 8 5703
Torah lessons: Chumash: Vayikra, Sheini with Rashi.
Tehillim: 44-48.
Tanya: Clearly, the purpose (p. 163)...out of existence. (p. 165).
My father writes in one of his letters: A single act is better than a thousand groans. Our G-d lives, and Torah and mitzvot are eternal; quit the groaning and work hard in actual avoda, and G-d will be gracious to you.
•
Daily Thought:
Decisions
Sometimes you need to make a decision as follows:
There is a small but good thing you could do. You are afraid that by doing it, you may lose out on a much greater and longer-lasting good in the future.
We are not prophets. None of us can tell what tomorrow will bring. We can only live in the here and now, and do whatever good comes our way.
If it came your way now, it is yours to do now.
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