Torah Reading
Vayikra: Leviticus 1:
1 Adonai called to Moshe and spoke to him from the tent of meeting. He said, 2 “Speak to the people of Isra’el; say to them, ‘When any of you brings an offering to Adonai, you may bring your animal offering either from the herd or from the flock. 3 If his offering is a burnt offering from the herd, he must offer a male without defect. He is to bring it to the entrance of the tent of meeting, so that it can be accepted by Adonai. 4 He is to lay his hand upon the head of the burnt offering, and it will be accepted on his behalf to make atonement for him. 5 He is to slaughter the young bull before Adonai ; and the sons of Aharon, the cohanim, are to present the blood. They are to splash the blood against all sides of the altar, which is by the entrance to the tent of meeting. 6 He is to skin the burnt offering and cut it in pieces. 7 The descendants of Aharon the cohen are to put fire on the altar and arrange wood on the fire. 8 The sons of Aharon, the cohanim, are to arrange the pieces, the head and the fat on the wood which is on the fire on the altar. 9 He is to wash the entrails and lower parts of the legs with water, and the cohen is to cause all of it to go up in smoke on the altar as a burnt offering; it is an offering made by fire, a fragrant aroma for Adonai.
10 “‘If his offering is from the flock, whether from the sheep or from the goats, for a burnt offering, he must offer a male without defect. 11 He is to slaughter it on the north side of the altar before Adonai; and the sons of Aharon, the cohanim, are to splash its blood against all sides of the altar. 12 He is to cut it into pieces, and the cohen is to arrange them with the head and fat on the wood which is on the fire on the altar. 13 He is to wash the entrails and lower parts of the legs with water; and the cohen is to offer it all and make it go up in smoke on the altar as a burnt offering; it is an offering made by fire, a fragrant aroma for Adonai.
• Burial Society Day
The Chevrah Kadisha (Jewish Burial Societies) hold their annual get-together and feast on Adar 7th. This is based on the tradition that G-d Himself buried Moses on this day -- granting them a respite from their labors.
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Today in Jewish History:
• Moses' Birth & Passing (1393 and 1273 BCE)
Moses was born in Egypt on the 7th of Adar of the year 2368 from creation (1393 BCE) and passed away on his 120th birthday -- Adar 7, 2488 (1273 BCE)
Links:
A brief biography
The Birth of a Leader
The Head
Moses Disappears
More on Moses
• The Spanish Inquisition (1481)
The Inquisition was created in the twelfth century to find "Christian heretics" who would be punished or killed. Eventually, Jews too were open to such charges of heresy, simply for being Jewish; and torture was routinely used to extract "confessions." Over the years, the inquisition, which operated with Papal consent, spread to many countries.
In 1481 the Inquisition began to function in Spain to expose the secret Jews, known as theAnusim or Marranos. This Inquisition was anti-Jewish more than in any previous countries. The first public sentencing and burning alive of six marrano men and one woman by the Spanish Inquisition was held on this date in Seville in Southern Spain.
Following the start of the Spanish Inquisition many Jews fled Spain (see "Today in Jewish History" for Sivan 4).
Daily Quote:
The darkest time of the night is just before dawn[Midrash Tehilim, Chapter 22]
Daily Study:
Chitas and Rambam for today:
Chumash: Vayikra, 5th Portion Leviticus 4:1-4:26 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 4
1And the Lord spoke to Moses, saying, אוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
2Speak to the children of Israel, saying: If a person sins unintentionally [by committing one] of all the commandments of the Lord, which may not be committed, and he commits [part] of one of them בדַּבֵּ֞ר אֶל־בְּנֵ֣י יִשְׂרָאֵל֘ לֵאמֹר֒ נֶ֗פֶשׁ כִּי־תֶֽחֱטָ֤א בִשְׁגָגָה֙ מִכֹּל֙ מִצְוֹ֣ת יְהֹוָ֔ה אֲשֶׁ֖ר לֹ֣א תֵֽעָשֶׂ֑ינָה וְעָשָׂ֕ה מֵֽאַחַ֖ת מֵהֵֽנָּה:
of all the commandments of the Lord: Our Rabbis explained: A sin-offering is brought only for such a transgression whose prohibition is expressed [in the Torah] as a negative commandment, and whose willful violation incurs the penalty of excision (premature death by the hands of Heaven). The unintentional violation of such prohibitions incurs a sin-offering [upon the individual]. — [Torath Kohanim 4:196; Shab. 69a)] מכל מצות ה': פירשו רבותינו אין חטאת באה אלא על דבר שזדונו לאו וכרת (ושגגתו חטאת):
of one of them: [The text should have read, “one of them.” Since it says, “of one of them,” it means to include the case of someone who has transgressed even] part of one of these prohibitions. For example, [if one writes a single letter on the Sabbath, he is not liable for transgressing a prohibition by law of Torah. If he writes two letters, he is liable. Therefore,] if one writes the letters שׁם from שִׁמְעוּן, [which he had intended to write, or] נח from נָחוֹר, [which he had intended to write, or] is from דן from דּנִָיּאֵל, [which he had intended to write, although he did not complete the names he intended to write, since the two-letter names are words in their own right, he is liable for writing on the Sabbath, even though he transgressed only part of the prohibition]. — [Torath Kohanim 4:197] מאחת מהנה: ממקצת אחת מהן, כגון הכותב בשבת שם משמעון, נח מנחור, דן מדניאל:
3If the anointed kohen sins, bringing guilt to the people, then he shall bring for his sin which he has committed, an unblemished young bull as a sin offering to the Lord. גאִ֣ם הַכֹּהֵ֧ן הַמָּשִׁ֛יחַ יֶֽחֱטָ֖א לְאַשְׁמַ֣ת הָעָ֑ם וְהִקְרִ֡יב עַ֣ל חַטָּאתוֹ֩ אֲשֶׁ֨ר חָטָ֜א פַּ֣ר בֶּן־בָּקָ֥ר תָּמִ֛ים לַֽיהֹוָ֖ה לְחַטָּֽאת:
if the annointed kohen should sin to bring guilt to the people: Heb. אם הכהן המשיח יחטא לאשמת העםIts midrashic interpretation: He is not obliged [to bring a sin-offering] unless there is a hidden thing together with an unintentional act, as it is said, "to bring guilt on the people" "and something is hidden from the congregation and they do." And its plain meaning according to the aggadah: When the holy priest sins, it is the fault of the people, for they are dependent on him to atone for them and pray for them--- and [now] he has become impaired אם הכהן המשיח יחטא לאשמת העם: מדרשו אינו חייב אלא בהעלם דבר עם שגגת מעשה, כמו שנאמר לאשמת העם ונעלם דבר מעיני הקהל ועשו (פסוק יג). ופשוטו לפי אגדה, כשכהן גדול חוטא, אשמת העם הוא זה, שהן תלויין בו לכפר עליהם ולהתפלל בעדם, ונעשה מקולקל:
bull: Heb. פַּר One might think that this means an old one. Scripture, therefore, adds, בֶּן [young animal]. But if it shall be young, one might think that it be a very young one. Scripture, therefore, says: פַּר [a term which independently means a mature animal, thus teaching us that it shall not be a very young bull]. So how [do we reconcile both mature and yet young?] It refers to a bull in its third year. — [Torath Kohanim 4:208] פר: יכול זקן, תלמוד לומר בן, אי בן יכול קטן, תלמוד לומר פר, הא כיצד, זה פר בן שלש:
4And he shall bring the bull to the entrance of the Tent of Meeting before the Lord, and he shall lean his hand [forcefully] upon the bull's head and slaughter the bull before the Lord. דוְהֵבִ֣יא אֶת־הַפָּ֗ר אֶל־פֶּ֛תַח אֹ֥הֶל מוֹעֵ֖ד לִפְנֵ֣י יְהֹוָ֑ה וְסָמַ֤ךְ אֶת־יָדוֹ֙ עַל־רֹ֣אשׁ הַפָּ֔ר וְשָׁחַ֥ט אֶת־הַפָּ֖ר לִפְנֵ֥י יְהֹוָֽה:
5And the anointed kohen shall take from the bull's blood and bring it into the Tent of Meeting. הוְלָקַ֛ח הַכֹּהֵ֥ן הַמָּשִׁ֖יחַ מִדַּ֣ם הַפָּ֑ר וְהֵבִ֥יא אֹת֖וֹ אֶל־אֹ֥הֶל מוֹעֵֽד:
to the Tent of Meeting: I.e., to the Mishkan, and in the Temple, to the Heichal, [which housed the menorah, the table, and the incense altar, the equivalent of the Holy, in the Mishkan in the desert]. אל אהל מועד: למשכן, ובבית עולמים להיכל:
6And the kohen shall dip his finger into the blood and sprinkle some of the blood seven times before the Lord, before the dividing curtain of the Sanctuary. ווְטָבַ֧ל הַכֹּהֵ֛ן אֶת־אֶצְבָּע֖וֹ בַּדָּ֑ם וְהִזָּ֨ה מִן־הַדָּ֜ם שֶׁ֤בַע פְּעָמִים֙ לִפְנֵ֣י יְהֹוָ֔ה אֶת־פְּנֵ֖י פָּרֹ֥כֶת הַקֹּֽדֶשׁ:
before the dividing curtain of the Sanctuary: Heb. פָּרֹכֶת הַקֹּדֶשׁ [i.e., the blood was to be sprinkled towards the dividing curtain,] opposite the place of its holiness, namely, directed [to the site] between the poles [which were attached to the Holy Ark]. But the blood [although sprinkled in that direction,] was not to touch the dividing curtain. However, if it did touch, it touched [and it did not matter]. — [Yoma 57a] את פני פרכת הקדש: כנגד מקום קדושתה, מכוון כנגד בין הבדים, ולא היו נוגעים דמים בפרוכת, ואם נגעו נגעו:
7And the kohen shall place some of the blood on the horns of the incense altar which is in the Tent of Meeting, before the Lord, and he shall pour all the blood of the bull onto the base of the altar [used] for burnt offerings, which is at the entrance of the Tent of Meeting. זוְנָתַן֩ הַכֹּהֵ֨ן מִן־הַדָּ֜ם עַל־קַ֠רְנ֠וֹת מִזְבַּ֨ח קְטֹ֤רֶת הַסַּמִּים֙ לִפְנֵ֣י יְהֹוָ֔ה אֲשֶׁ֖ר בְּאֹ֣הֶל מוֹעֵ֑ד וְאֵ֣ת | כָּל־דַּ֣ם הַפָּ֗ר יִשְׁפֹּךְ֙ אֶל־יְסוֹד֙ מִזְבַּ֣ח הָֽעֹלָ֔ה אֲשֶׁר־פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
all the blood: I.e., the remaining blood. — [see Zev. 25a] ואת כל דם: שירי הדם:
8And all the fat of the sin offering bull he shall separate from it: the fat covering the innards, and all the fat that is on the innards, חוְאֶת־כָּל־חֵ֛לֶב פַּ֥ר הַֽחַטָּ֖את יָרִ֣ים מִמֶּ֑נּוּ אֶת־הַחֵ֨לֶב֙ הַֽמְכַסֶּ֣ה עַל־הַקֶּ֔רֶב וְאֵת֙ כָּל־הַחֵ֔לֶב אֲשֶׁ֖ר עַל־הַקֶּֽרֶב:
And all the fat of the […] bull: It should have said, “its fat.” What does the [seemingly superfluous] word “bull” teach us? It comes to include [another bull, namely,] the bull of Yom Kippur (Lev. 16:3) in the [laws regarding the] kidneys, the fats and the diaphragm. ואת כל חלב פר: חלבו היה לו לומר, מה תלמוד לומר פר, לרבות פר של יום הכיפורים לכליות ולחלבים וליותרת:
the sin-offering: [Similarly, this seemingly superfluous word] comes to include [another sin-offering, namely,] goats [brought as a sin-offering to atone for unintentional] idolatry (Num. 15:24) in the [laws regarding the] kidneys, the fats and the diaphragm. החטאת: להביא שעירי עבודה זרה לכליות ולחלבים ויותרת:
he shall separate…from it: i.e., [he shall remove the fat] while it is still attached [to the animal]; he shall not cut [the animal] into [its prescribed] pieces before the removal of its fat. — [Torath Kohanim 4:230] ירים ממנו: מן המחובר, שלא ינתחנו קודם הסרת חלבו, [ת"כ]:
9and the two kidneys [along] with the fat that is on them, which is on the flanks; and the diaphragm with the liver, along with the kidneys, he shall remove it, טוְאֵת֙ שְׁתֵּ֣י הַכְּלָיֹ֔ת וְאֶת־הַחֵ֨לֶב֙ אֲשֶׁ֣ר עֲלֵיהֶ֔ן אֲשֶׁ֖ר עַל־הַכְּסָלִ֑ים וְאֶת־הַיֹּתֶ֨רֶת֙ עַל־הַכָּבֵ֔ד עַל־הַכְּלָי֖וֹת יְסִירֶֽנָּה:
10just as was separated from the bull [sacrificed as] a peace offering, the kohen shall then cause them to [go up in] smoke on the altar [used] for burnt offerings. יכַּֽאֲשֶׁ֣ר יוּרָ֔ם מִשּׁ֖וֹר זֶ֣בַח הַשְּׁלָמִ֑ים וְהִקְטִירָם֙ הַכֹּהֵ֔ן עַ֖ל מִזְבַּ֥ח הָֽעֹלָֽה:
just as was separated: Like those parts specified in the case of the ox [offered as a] peace-offering. But what is specified in the case of the peace-offerings that is not specified here? [Nothing at all! So why mention the peace-offering altogether?] In order to compare it to the peace-offering, [as follows]: Just as the peace-offering had to be designated for the specific purpose of a peace-offering, so too, this sacrifice had to be designated for its specific purpose, and just as peace-offerings [bring] peace to the world, so too, this sacrifice [brings] peace to the world. — [Torath Kohanim 4:231] And in Shechitath Kodashim (Zev.), it is taught that this [seemingly superfluous phrase, “just as was separated…,”] is necessary here, in order to learn from it the rule, that we do not derive a law from another matter which is itself only derived [and not explicitly stated in Scripture], when it comes to holy sacrifices. [This is found] in chapter [five of Zev.,] Eizehu Mekoman. — [Zev. 49b] 9-11. כאשר יורם: מאותן אימורין המפורשין בשור זבח השלמים. וכי מה פירש בזבח השלמים שלא פירש כאן, אלא להקישו לשלמים מה שלמים לשמן, אף זה לשמו. ומה שלמים שלום לעולם, אף זה שלום לעולם. ובשחטת קדשים מצריכו ללמוד הימנו, שאין למדין למד מן הלמד בקדשים, בפרק איזהו מקומן [זבחים מט]:
with the liver, along with the diaphragm: [in verse 9, and in verse 11:] על הכבד על הכליות, על ראשו ועל כרעיו: כולן לשון תוספת הן, כמו מלבד:
along with its head and along with its legs: All these [mentions of the word עַל here, literally “upon,”] are expressions of adding, like (מִלְבַד) “apart from.” [Thus, in addition to the explanations given earlier (see Rashi verse 3:4), when verse 9 says, “And he shall remove the diaphragm with [part of] the liver, along with the kidneys,” the meaning is “he shall remove the diaphragm, besides (removing part of) the liver and the kidneys.”] :
11[He shall then take] the bull's skin and all of its flesh, along with its head and along with its legs, its innards and its waste matter. יאוְאֶת־ע֤וֹר הַפָּר֙ וְאֶת־כָּל־בְּשָׂר֔וֹ עַל־רֹאשׁ֖וֹ וְעַל־כְּרָעָ֑יו וְקִרְבּ֖וֹ וּפִרְשֽׁוֹ:
12He shall take out the entire bull to a clean place outside the camp, [namely,] to the ash depository, and he shall burn it in fire on wood. Thus, it shall be burnt in the ash depository. יבוְהוֹצִ֣יא אֶת־כָּל־הַ֠פָּ֠ר אֶל־מִח֨וּץ לַמַּֽחֲנֶ֜ה אֶל־מָק֤וֹם טָהוֹר֙ אֶל־שֶׁ֣פֶךְ הַדֶּ֔שֶׁן וְשָׂרַ֥ף אֹת֛וֹ עַל־עֵצִ֖ים בָּאֵ֑שׁ עַל־שֶׁ֥פֶךְ הַדֶּ֖שֶׁן יִשָּׂרֵֽף:
to a clean place: Since there was a place outside the city designated for uncleanness, [namely,] to cast plague-stricken stones [which had thereby become unclean] (Lev. 14:40), and for a cemetery, Scripture needed to qualify this instance of “outside the camp” -which [in the case of Jerusalem] was equivalent to outside the city-that the place had to be [ritually] clean. אל מקום טהור: לפי שיש מחוץ לעיר מקום מוכן לטומאה להשליך אבנים מנוגעות ולבית הקברות, הוצרך לומר מחוץ למחנה, זה שהוא חוץ לעיר, שיהא המקום טהור:
outside the camp: Outside the three camps [of the encampment of Israel, when they were set up in the desert, namely: The camp of the Shechinah, the Levite camp, and the general Israelite camp.]. Regarding the Holy Temple in Jerusalem, however, it means outside the city, as is explained by our Rabbis in Tractate Yoma (68a), and in San. (42b). מחוץ למחנה: חוץ לשלש מחנות, ובבית עולמים חוץ לעיר, כמו שפירשוהו רבותינו במסכת יומא (סח א) ובסנהדרין (מב ב):
to the ash depository: Heb. אֶל שֶׁפֶ הַדֶּשֶׁן, to the place where they poured out (שׁוֹפְכִין) the ashes which were removed from the altar, as it is said, “and he shall take out the ashes…outside the camp” (Lev. 6:4). אל שפך הדשן: מקום ששופכין בו הדשן המסולק מן המזבח, כמו שנאמר (ויק' ו ד) והוציא את הדשן אל מחוץ למחנה:
Thus, it shall be burnt in the ash depository: [But the verse has just told us this!] Surely, it does not need to restate it! However, [this repetition comes] to teach [us] that [the bull shall be burnt in the ash depository,] even if there are no ashes there [at the time]. — [Torath Kohanim 4:239] על שפך הדשן ישרף: שאין תלמוד לומר אלא ללמד, שאפילו אין שם דשן:
13And if the entire community of Israel errs because a matter was hidden from the eyes of the congregation, and they commit one of all the commandments of the Lord, which may not be committed, incurring guilt; יגוְאִ֨ם כָּל־עֲדַ֤ת יִשְׂרָאֵל֙ יִשְׁגּ֔וּ וְנֶעְלַ֣ם דָּבָ֔ר מֵֽעֵינֵ֖י הַקָּהָ֑ל וְ֠עָשׂ֠וּ אַחַ֨ת מִכָּל־מִצְוֹ֧ת יְהֹוָ֛ה אֲשֶׁ֥ר לֹא־תֵֽעָשֶׂ֖ינָה וְאָשֵֽׁמוּ:
the…community of Israel: This refers to the [Great] Sanhedrin [the Supreme Court of Israel, seated at the Holy Temple]. — [Torath Kohanim 4:241] עדת ישראל: אלו סנהדרין:
because a matter was hidden: [This means that the Sanhedrin] issued an erroneous decision regarding any matter in the Torah that incurs the penalty of excision, by declaring that matter permissible. — [Hor. 7b] ונעלם דבר: טעו להורות באחת מכל כריתות שבתורה שהוא מותר:
the congregation, and they and they commit: meaning that the community acted upon their instruction. — [Hor. 3a] הקהל ועשו: שעשו צבור על פיהם:
14When the sin which they had committed becomes known, the congregation shall bring a young bull as a sin offering. They shall bring it before the Tent of Meeting. ידוְנֽוֹדְעָה֙ הַֽחַטָּ֔את אֲשֶׁ֥ר חָֽטְא֖וּ עָלֶ֑יהָ וְהִקְרִ֨יבוּ הַקָּהָ֜ל פַּ֤ר בֶּן־בָּקָר֙ לְחַטָּ֔את וְהֵבִ֣יאוּ אֹת֔וֹ לִפְנֵ֖י אֹ֥הֶל מוֹעֵֽד:
15The elders of the community shall lean their hands [forcefully] upon the bull's head, before the Lord, and one shall slaughter the bull before the Lord. טווְ֠סָֽמְכ֠וּ זִקְנֵ֨י הָֽעֵדָ֧ה אֶת־יְדֵיהֶ֛ם עַל־רֹ֥אשׁ הַפָּ֖ר לִפְנֵ֣י יְהֹוָ֑ה וְשָׁחַ֥ט אֶת־הַפָּ֖ר לִפְנֵ֥י יְהֹוָֽה:
16The anointed kohen shall bring some of the bull's blood into the Tent of Meeting, טזוְהֵבִ֛יא הַכֹּהֵ֥ן הַמָּשִׁ֖יחַ מִדַּ֣ם הַפָּ֑ר אֶל־אֹ֖הֶל מוֹעֵֽד:
17and the kohen shall dip his finger from the blood, and sprinkle [it] seven times before the Lord, before the dividing curtain. יזוְטָבַ֧ל הַכֹּהֵ֛ן אֶצְבָּע֖וֹ מִן־הַדָּ֑ם וְהִזָּ֞ה שֶׁ֤בַע פְּעָמִים֙ לִפְנֵ֣י יְהֹוָ֔ה אֵ֖ת פְּנֵ֥י הַפָּרֹֽכֶת:
before the dividing curtain: But above, Scripture says (verse 6),“before the dividing curtain of the Sanctuary.” [Why before was there mention of holiness, whereas now, the verse omits it?] This may be compared to a king against whom a province revolted. If only a minority rebels, his cabinet remains intact. If the entire country rebels, however, his cabinet does not remintact. Here, too. When the anointed kohen sinned (referred to in the verses leading up to verse 6), the name of holiness was still attached to the Sanctuary. When they all sin, (as verse 13 states, “If the entire community of Israel errs”), God forbid, the holiness retracts. — [Zev. 41b] את פני הפרכת: ולמעלה הוא אומר את פני פרוכת הקדש, משל למלך שסרחה עליו מדינה, אם מיעוטה סרחה, פמליא שלו מתקיימת, ואם כולה סרחה, אין פמליא שלו מתקיימת. אף כאן כשחטא כהן משיח עדיין שם קדושת המקום על המקדש, משחטאו כולם, חס ושלום, נסתלקה הקדושה:
18And he shall then place some of the blood on the horns of the altar that is before the Lord in the Tent of Meeting. And then he shall pour all the blood onto the base of the altar [used] for burnt offerings, which is at the entrance to the Tent of Meeting. יחוּמִן־הַדָּ֞ם יִתֵּ֣ן | עַל־קַרְנֹ֣ת הַמִּזְבֵּ֗חַ אֲשֶׁר֙ לִפְנֵ֣י יְהֹוָ֔ה אֲשֶׁ֖ר בְּאֹ֣הֶל מוֹעֵ֑ד וְאֵ֣ת כָּל־הַדָּ֗ם יִשְׁפֹּךְ֙ אֶל־יְסוֹד֙ מִזְבַּ֣ח הָֽעֹלָ֔ה אֲשֶׁר־פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
the base of the altar [used] for burnt-offerings, which is at the entrance to the Tent of Meeting: This is the western base, which is [situated] opposite the entrance. — [Torath Kohanim 4:229] יסוד מזבח העלה אשר פתח אהל מועד: זה יסוד מערבי, שהוא כנגד הפתח:
19And he shall separate all its fat from it and cause it to [go up in] smoke on the altar. יטוְאֵ֥ת כָּל־חֶלְבּ֖וֹ יָרִ֣ים מִמֶּ֑נּוּ וְהִקְטִ֖יר הַמִּזְבֵּֽחָה:
And he shall separate all its fat: Although Scripture here does not explicitly mention the diaphragm and the two kidneys, they are derived from (verse 20 below),“He shall do to the bull just as he did [to the bull (sacrificed) as a sin-offering].” Now why are these details not specified here? The School of Rabbi Ishmael taught: This can be compared to a king who was furious with his beloved friend, but shortened [the account of] his offense, because of the affection [he had for him]. — [Zev. 41a] ואת כל חלבו ירים: אף על פי שלא פירש כאן יותרת ושתי כליות, למדין הם מועשה לפר כאשר עשה וגו'. ומפני מה לא נתפרשו בו, תנא דבי ר' ישמעאל (זבחים מא ב) משל למלך שזעם על אוהבו ומיעט בסרחונו מפני חיבתו:
20He shall do to the bull just as he did to the bull of the sin offering thus he shall do to it. Thus the kohen shall make atonement for them [the community], and they will be forgiven. כוְעָשָׂ֣ה לַפָּ֔ר כַּֽאֲשֶׁ֤ר עָשָׂה֙ לְפַ֣ר הַֽחַטָּ֔את כֵּ֖ן יַֽעֲשֶׂה־לּ֑וֹ וְכִפֶּ֧ר עֲלֵהֶ֛ם הַכֹּהֵ֖ן וְנִסְלַ֥ח לָהֶֽם:
He shall do to the bull: i.e., with this bull, ועשה לפר: זה כאשר עשה לפר החטאת, כמו שמפורש בפר כהן משיח, להביא יותרת ושתי כליות שפירש שם מה שלא פירש כאן. ולכפול במצות העבודות, ללמד שאם חסר אחת מכל המתנות פסול, לפי שמצינו בניתנין על המזבח החיצון שנתנן במתנה אחת כפר, הוצרך לומר כאן שמתנה אחת מהן מעכבת:
just as he did to the bull [sacrificed] as a sin-offering: i.e., just as is delineated in the case of the bull of the anointed kohen. [Thus,] included [in the procedures of sacrificing this bull, is the burning of] the diaphragm and the two kidneys, which are specified there and are not specified here (Zev. 41a). [Now, since Scripture relies on the anointed kohen’s sin-offering to teach us the service of sacrificing this bull, why does it specify the procedure involving the sprinkling of the blood, which amounts to a repetition?] The repetition of [details of] the service procedures [involving the sprinkling of blood] comes to teach us that if [even] one application of blood is missing [in the service, the offering is] invalid. — [Torath Kohanim 4:252] [But surely we would know this, without Scripture having to tell us. Why should we think that one missing application of blood would still result in a valid offering?] Since we find regarding the applications [of blood] upon the outer altar, that if the kohen made [only] one application, he nevertheless effected atonement, thus, Scripture needs to tell us here, that [in the case of this bull, where the blood was sprinkled inside the Sanctuary,] that [the omission of even] one application [of blood] affects [the validity of the offering]. :
21And he shall take the bull outside the camp and burn it, just as he burned the first bull. It is a sin offering for the congregation. כאוְהוֹצִ֣יא אֶת־הַפָּ֗ר אֶל־מִחוּץ֙ לַמַּֽחֲנֶ֔ה וְשָׂרַ֣ף אֹת֔וֹ כַּֽאֲשֶׁ֣ר שָׂרַ֔ף אֵ֖ת הַפָּ֣ר הָֽרִאשׁ֑וֹן חַטַּ֥את הַקָּהָ֖ל הֽוּא:
22If a leader [of Israel] sins and unintentionally commits one of all the commandments of the Lord, which may not be committed, incurring guilt; כבאֲשֶׁ֥ר נָשִׂ֖יא יֶֽחֱטָ֑א וְעָשָׂ֡ה אַחַ֣ת מִכָּל־מִצְוֹת֩ יְהֹוָ֨ה אֱלֹהָ֜יו אֲשֶׁ֧ר לֹא־תֵֽעָשֶׂ֛ינָה בִּשְׁגָגָ֖ה וְאָשֵֽׁם:
If the leader [of Israel] sins: Heb. אִשֶׁר נָשִׂיא יֶחֱטָא, [Why does Scripture not use the word אִם like in the cases of verses 3 and 13 above? The answer is that אִשֶׁר is] an expression reminiscent of [the dictum starting with the word] אַשְׁרֵי, “fortunate is…,” namely: “Fortunate is the generation whose leader [does not hold himself too high, but rather,] gives attention to bringing an atonement offering for his unintentional sins-and how much more will he experience remorse for the sins he has committed willfully!” - [Torath Kohanim 4:257] אשר נשיא יחטא: לשון אשרי, אשרי הדור שהנשיא שלו נותן לב להביא כפרה על שגגתו, קל וחומר שמתחרט על זדונותיו:
23if his sin that he has committed is made known to him, then he shall bring his offering: an unblemished male goat. כגאֽוֹ־הוֹדַ֤ע אֵלָיו֙ חַטָּאת֔וֹ אֲשֶׁ֥ר חָטָ֖א בָּ֑הּ וְהֵבִ֧יא אֶת־קָרְבָּנ֛וֹ שְׂעִ֥יר עִזִּ֖ים זָכָ֥ר תָּמִֽים:
if…is made known: Heb. אוֹ הוֹדַע [This could be literally understood as, “Or …is made known to him.” However, here, the verse] has the meaning: “If [his sin…] is made known to him.” There are many instances of [the word] אוֹ used as expressions of אִם, “if,” and [there are many instances of] אִם used instead of אוֹ. Similar [to this verse, then,] is (Exod. 21:36): אוֹ נוֹדַע כִּי שׁוֹר נַגָּח הוּא [which means: “If it was known that the ox was used to goring.” או הודע: כמו אם הודע. הרבה או יש שמשמשין בלשון אם, ואם במקום או, וכן או נודע כי שור נגח הוא (שמות כא לו):
[If his sin…] is made known to him: When he committed the sin, he thought that it was permissible, but afterwards, it became known to him that it was forbidden. הודע אליו: כשחטא היה סבור שהוא היתר, ולאחר מכאן נודע לו שאיסור היה:
24And he shall lean his hand [forcefully] upon the goat's head and slaughter it in the place where he slaughters burnt offerings, before the Lord. It is a sin offering. כדוְסָמַ֤ךְ יָדוֹ֙ עַל־רֹ֣אשׁ הַשָּׂעִ֔יר וְשָׁחַ֣ט אֹת֔וֹ בִּמְק֛וֹם אֲשֶׁר־יִשְׁחַ֥ט אֶת־הָֽעֹלָ֖ה לִפְנֵ֣י יְהֹוָ֑ה חַטָּ֖את הֽוּא:
in the place where he slaughters burnt-offerings: namely, in the north [ern area of the Holy Temple courtyard], as is expressly mentioned in the case of the burnt-offering. — [Torath Kohanim 4:270] במקום אשר ישחט את העולה: בצפון, שהוא מפורש בעולה:
It is a sin-offering: [If he slaughters it] for this purpose [i.e., for a sin-offering], it is valid, but if it is [slaughtered] not for this purpose, it is invalid. — [Torath Kohanim 271]" חטאת הוא: לשמו כשר, שלא לשמו פסול:
25And 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 its blood onto the base of the altar [used] for burnt offerings. כהוְלָקַ֨ח הַכֹּהֵ֜ן מִדַּ֤ם הַֽחַטָּאת֙ בְּאֶצְבָּע֔וֹ וְנָתַ֕ן עַל־קַרְנֹ֖ת מִזְבַּ֣ח הָֽעֹלָ֑ה וְאֶת־דָּמ֣וֹ יִשְׁפֹּ֔ךְ אֶל־יְס֖וֹד מִזְבַּ֥ח הָֽעֹלָֽה:
its blood: [I.e., its] remaining blood. ואת דמו: שירי הדם:
26And he shall cause all its fat to [go up in] smoke on the altar, just like the fat of the peace offering. Thus the kohen shall make atonement for his sin, and he will be forgiven. כווְאֶת־כָּל־חֶלְבּוֹ֙ יַקְטִ֣יר הַמִּזְבֵּ֔חָה כְּחֵ֖לֶב זֶ֣בַח הַשְּׁלָמִ֑ים וְכִפֶּ֨ר עָלָ֧יו הַכֹּהֵ֛ן מֵֽחַטָּאת֖וֹ וְנִסְלַ֥ח לֽוֹ:
just like the fat of the peace-offering: i.e., just like the parts [of the animal burnt on the altar] specified for the goat mentioned under the category of peace-offerings. כחלב זבח השלמים: כאותן אימורין המפורשים בעז האמור אצל שלמים:
Daily Tehillim: Chapters 39 - 43
• Hebrew text
• English text•
• Lessons in Tanya• English Text
• English text•
Chapter 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
FOOTNOTES
1.A musical instrument (Metzudot).
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
FOOTNOTES
1.Upon recovery, David expresses thanks, not through sacrifices, by dedicating himself to Torah (Radak).
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge. (Metzudot)
2.My heart aches when I remember the pilgrims from lands east of Jordan, and those from distant Hermon and Mitzar, who would travel to Jerusalem for the festivals (Radak)
3.Before one misfortune has ended, another is already upon us; as if one calls the other to come (Metzudot).
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Tanya: Likutei Amarim, beginning of Chapter 36• Lessons in Tanya• English Text
• Hebrew Text
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• Thursday, Adar II 7, 5776 · March 17, 2016
• Likutei Amarim, beginning of Chapter 36
• In the previous chapter, the Alter Rebbe began to explain why the observance of the practical mitzvot is the ultimate purpose of Torah and of one’s spiritual service to G‑d. (This practical aspect is underscored by the conclusion of the verse, “For the thing is very near to you, in your mouth and in your heart that you may do it.”) He explained that only mitzvotobserved through action draw down the light of the Shechinah upon one’s animal soul and body (rather than upon the divine soul alone, as do the mitzvot performed only in thought and speech).
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Thursday, Adar II 7, 5776 · March 17, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 216
Planting Vegetables or Grain in a Vineyard
"You shall not sow your vineyard with different seeds"—Deuteronomy 22:9.
It is forbidden to plant vegetables or grain in a vineyard.
This biblical prohibition pertains only to the Land of Israel. The Sages, however, extended it to also include fields in the Diaspora.
Full text of this Mitzvah »
Yet this does not answer one question satisfactorily: Why is the illumination of the body and animal soul so important that those (practical) mitzvot which accomplish this illumination should be considered one’s primary objective?
The Alter Rebbe addresses this question in ch. 36. He explains that G‑d’s purpose in Creation is that he might have a dwelling place “in the lower realms”; specifically, in this physical world. In this world of doubled and redoubled spiritual darkness, His Ein Sof-light would radiate even more powerfully than it does in the higher, spiritual realms, through man’s transforming the darkness into light.
In man, the microcosm, the animal soul and the body are “the lower realms.” Therefore, the practical mitzvot which draw the light of the Shechinah upon them constitute man’s ultimate purpose.
Furthermore, through the practical mitzvot, and through their elevating effect on the body and animal soul, the material world in its entirety becomes a “dwelling place” for G‑d. (This, however, properly belongs to the discussion in ch. 37.)
והנה מודעת זאת מאמר רז״ל שתכלית בריאת עולם הזה הוא שנתאוה הקדוש ברוך הוא להיות לו דירה בתחתונים
In a well-known statement, our Rabbis declare1 that the purpose for which this world was created is that the Holy One, blessed be He, desired to have an abode in the lower realms.
He desired that the essence of His Ein Sof-light be revealed as it is, without veil or concealment, amidst the lower creations. Our Sages use the word “abode”, or “dwelling place,” to describe such revelation. Just as a man’s home serves as an abode for his essence, so too, is this world intended to be an “abode” for G‑d’s Essence.
The Alter Rebbe now goes on to explain the phrase “the lower realms” mentioned above. He shows that this refers specifically to our physical world.
The explanation in brief:
The terms “higher” and “lower” realms do not denote degrees of respective importance in the sight of G‑d, or of closeness to Him. In G‑d’s eyes all the worlds, from the highest to the lowest, are equally insignificant; all are equally remote from Him. On the other hand, He fills the lowest world just as He fills the highest.
Thus, the terms “higher” and “lower” must be understood as a standard of comparison within the numerous worlds. They indicate to what degree G‑dliness is revealed in each individual world: the more revelation, the “higher” the world; the more obscurity and concealment, the “lower”. From this standpoint, our physical world is the very lowest, for here G‑dliness is most veiled and concealed.
In the Alter Rebbe’s words:
והנה לא שייך לפניו יתברך בחינת מעלה ומטה, כי הוא יתברך ממלא כל עלמין בשוה
But surely, before G‑d (i.e., in His sight) the distinction of “higher” and “lower” is not valid, one world is no higher than another, for he pervades all worlds equally. What, then, do our Sages mean by saying that “G‑d desired an abode in the ‘lower’ realms?”
אלא ביאור הענין
The explanation of the matter, however, is that G‑d desired an abode in that realm considered “lower” within the ranks of the worlds as follows:
כי קודם שנברא העולם היה הוא לבדו יתברך יחיד ומיוחד, וממלא כל כל המקום הזה שברא בו העולם
Before the world (any world) was created, there was only He alone, one and unique, filling all the space in which He created the world. Anything that could be conceived of as a “space” or possibility for creation, was filled with the Ein Sof-light.
וגם עתה כן הוא לפניו יתברך
In His view, indeed, it is still the same now. Creation wrought no change in His unity; He is One alone now just as He was prior to creation.
רק שהשינוי הוא אל המקבלים חיותו ואורו יתברך
The change applies only to the recipients of His vivifying force and His light — before creation there was none to receive the Divine life-force and light; Creation brought into being these recipients,
שמקבלים על ידי לבושים רבים המכסים ומסתירים אורו יתברך
who receive [this life-force and light- by way of numerous “garments” which veil and conceal G‑d’s light for without such garments they could not bear its intensity, and would cease to exist.
כדכתיב, כי לא יראני האדם וחי
So it is written:2 “For no man can see Me and live.”
Furthermore, not only man, a physical being, but even spiritual beings such as angels are unable to receive the divine light and life-force without concealing garments.
וכדפירשו רז״ל, שאפילו מלאכים הנקראים חיות אין רואין כו׳
And as our Rabbis, of blessed memory, interpret the word וחי (“...and live”) in this verse, as referring to angels; thus3:“Even angels, called חיות (‘[holy- chayyot’) cannot see...” G‑dliness, except by way of garments which conceal Him, thereby enabling them to receive His light.
The degree of concealment varies, however, from world to world and from level to level. Here the distinction between “higher” and “lower” realms becomes valid, as the Alter Rebbe continues:
וזהו ענין השתלשלות העולמות וירידתם ממדרגה למדרגה
This concealment is the subject of the Hishtalshelut (the chain-like, graded and downward succession) of the worlds, and their descent from level to level,
על ידי ריבוי הלבושים המסתירים האור והחיות שממנו יתברך
through the many “garments” that conceal the light and the life-force emanating from Him (— the more concealment, the lower the descent);
עד שנברא עולם הזה הגשמי והחומרי ממש
culminating in the creation of this physical, gross world.
This world is not only physical — so that the truth of G‑d’s creative power is not in evidence; it is also gross, in that the lie is held up as a truth.
והוא התחתון במדרגה, שאין תחתון למטה ממנו בענין הסתר אורו יתברך, וחושך כפול ומכופל
[This world] is the lowest in degree; there is none lower than it in terms of concealment of His light andno world compares with it for doubled and redoubled darkness; nowhere is G‑d’s light hidden as in this world.
עד שהוא מלא קליפות וסטרא אחרא שהן נגד ה׳ ממש, לומר אני ואפסי עוד
So much so, that it is filled with kelipot and sitra achra which actually oppose G‑d, saying: “I am, and there is nothing else besides me.”
It is thus clear that the term “lower realms” refers to this physical world, the very lowest in degree of divine revelation.
Since there is but one “order of Hishtalshelut,” a question arises: Does its ultimate purpose lie in the higher worlds, where G‑dliness is revealed to a greater degree, while the lower worlds serve only to emphasize the revelation found in those higher than them (since light is distinguishable only where darkness exists)? Or, on the contrary, does its purpose lie in the lower realms (but in order to create them an order of Hishtalshelut is necessary, entailing the creation of the higher realms)?
Obviously, concealment of G‑dliness is not an end in itself; thus, if we assume the second position, it follows that these lower realms were created so that the darkness pervading them be transformed to light.
The statement that “G‑d desired an abode in the lower realms” shows the latter position to be the true one; and the “abode” is built by the revelation of His Presence in this lowest of worlds to a degree surpassing even that in the highest. This, in brief, is the subject of the following paragraphs in the text.
| FOOTNOTES | |
| 1. | Midrash Tanchuma, Nasso 7:1. |
| 2. | Shmot 33:20. |
| 3. | Sifrei, end of Parshat Behaalotecha; Bamidbar Rabbah, end of Parshat Nasso. |
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Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 216
Planting Vegetables or Grain in a Vineyard
"You shall not sow your vineyard with different seeds"—Deuteronomy 22:9.
It is forbidden to plant vegetables or grain in a vineyard.
This biblical prohibition pertains only to the Land of Israel. The Sages, however, extended it to also include fields in the Diaspora.
Full text of this Mitzvah »
Planting Vegetables or Grain in a Vineyard
Negative Commandment 216
Translated by Berel Bell
The 216th prohibition is that we are forbidden from planting grain or vegetables in a vineyard. This type of mixture is called kilai ha'kerem (kilayim in a vineyard).
The source of this commandment is G‑d's statement,1 "Do not plant your vineyard with kilayim."
In the words of the Sifri: "Why do we need the verse, 'Do not plant your vineyard with kilayim'? It already is written, 'Do not plant your field with kilayim,' which certainly includes both [kilayim in] a vineyard and a field!"
They answer, "This verse comes to teach that anyone who allows kilayim in a vineyard transgresses two prohibitions."2
You should be aware that kilai ha'kerem is prohibited by Torah law only in Eretz Yisroel. One who plants wheat, barley, and grapes in the same handful, and in Eretz Yisroel, is punished by lashes.
Outside Eretz Yisroel, this planting is forbidden by Rabbinic law and one who plants wheat, barley, and grapes in the same handful receives lashes by Rabbinic decree.
Grafting together trees [of different species], however, is [prohibited by Torah law and] punishable by lashes everywhere [‑both in Eretz Yisroel and outside Eretz Yisroel]. This prohibition is included in the general statement, "Do not plant your field with kilayim."3
The details of this mitzvah are also explained in tractate Kilayim.
FOOTNOTES
1.
Dev. 22:9.
2.
Therefore we see that this counts as a separate prohibition in the count of 613.
3.
This verse includes grafting different species of trees, but does not include planting different species of seeds (see N215, above). In Hilchos Kilayim, 1:3, the Rambam explains that we know this from the Oral Tradition. See Kapach, 5731, note 47.
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Halacha 1
Whenever a priest who is fit to perform Temple service1 drinks wine, he is forbidden2 to enter the area of the Altar or [proceeds] beyond there.3 If he entered [that area]4 and performed service,5 his service is invalid and he is liable for death at the hand of heaven, as [Leviticus 10:9] states: "[Do not drink intoxicating wine...] so that you do not die."6
The above applies provided one drinks a revi'it7 of undiluted wine at one time, provided the wine is over 40 days old.8 If, however, one drank less than arevi'it of wine, one drank a revi'it intermittently,9 one mixed it with water,10 or one drank even more than a revi'it of wine from the vat, i.e., within 40 days of its being brought into being,11 he is exempt and his service is not profaned. If he drank more than a revi'it of wine, even though it was diluted and even though he drank it intermittently, he is liable for death and his service is invalidated.12
Halacha 2
If a person is intoxicated from beverages other than wine, he is forbidden to enter the Temple.13 If he enters and performs service while intoxicated from other beverages - even if he is intoxicated from milk or figs - he is liable for lashes, but his service is valid, for one is liable for death only when drinking wine at the time of service and one does not invalidate service unless he is intoxicated from wine.
Halacha 3
Just as a priest is forbidden to enter the Temple while intoxicated, so too, it is forbidden for any person, whether priest or Israelite, to render a halachic ruling when he is intoxicated.14 Even if he ate dates or drank milk and his mind became somewhat confused, he should not issue a ruling, as [the above passage (ibid.:11)] continues: "And to give instruction to the children of Israel." If he gave a ruling concerning a matter that is explicitly stated in the Torah to the extent that it is known by the Sadducees, he is permitted. For example, he ruled that a sheretz15 is impure and a frog is pure; [he ruled that] blood is forbidden, or the like.
Halacha 4
Halacha 5
When a person drank precisely a revi'it and it was diluted with the slightest amount of water, he slept a bit, or he walked a mil,18 the effects of the wine will have worn off and he is permitted to serve [in the Temple]. If, however, he drank more than a revi'it even if it was diluted, sleeping slightly or journeying adds to his drunkenness. Depending on how intoxicated he was, he must wait until there is no trace of his drunkenness whatsoever.
Halacha 6
The men of the priestly watch19 are permitted to drink wine at night, but not during the day during the week [they serve in the Temple]. Even the members of the other clans20 who were not scheduled to work on a particular day [are forbidden], lest the Temple service overburden the members of the clan who serve that day and they require other members of the watch to help them.
The members of the clan of a particular day are forbidden to drink both during the day and night of that day, lest they drink at night and arise to their service in the morning without the effects of the wine having worn off.21
Halacha 7
Whenever a priest knows the watch from which he descends and the clan from which he descends, and he knows the day on which the members of his clan were scheduled to serve [in the Temple], he is forbidden to drink wine that entire day.22 If one knows from which watch he is descended, but does not know his clan, he is forbidden to drink wine the entire week during which his clan worked.
If [a priest] does not know [the identity of] his watch or his clan, the law would dictate that he should never be allowed to drink wine.23 Nevertheless, his difficulty24 leads to his solution and he is permitted to drink wine at all times, for he is not allowed to serve [in the Temple] until his clan and watch are established.
Halacha 8
A priest who lets his hair grow long25 is forbidden to enter the area of the Altar or [proceeds] beyond there.26 If he enters this area and performs service,27he is liable for death at the hand of Heaven like an intoxicated [priest] who serves,28 as [indicated by Ezekiel 44:20-21]: "None of the priests shall drink wine. They shall not shave their heads, nor allow their hair to grow long."29Just as [priests who serve] intoxicated from wine are liable to die, so too, those who allow their hair to grow long are liable to die.
Halacha 9
[Priests who] let their hair grow long do not disqualify their service. Even though they are obligated to die, their service is valid.30
Halacha 10
Just as the priests are not warned against drinking wine except at the time they enter the Temple, so too, they are forbidden to grow their hair long only at the time they enter the Temple.31
To whom does the above apply? To an ordinary priest. A High Priest, by contrast, is forbidden to let his hair grow long and rend his garments forever,32for he should be in the Temple at all times.33 Therefore with regard to him, [Leviticus 21:10] states: "He should not let [the hair of] his head grow long, nor should he rend his garments."
Halacha 11
What is meant by growing one's hair long? [Leaving it uncut for] 30 days like a Nazirite, concerning whom [Numbers 6:5] states: "He shall let the mane of the hair of his head grow long" and a nazirite vow is not less than 30 days.34Therefore an ordinary priest who serves [in the Temple] must cut his hair every 30 days.35
Halacha 12
Halacha 13
Halacha 14
The laws [applying to a priest who enters the Temple with] torn garments are the same as those [applying to one with] long hair, as [Leviticus 10:6] states: "Do not let [the hair on] your heads grow long or rend your garments lest you die."40 Thus if [a priest] served with torn garments, he is liable for death at the hand of Heaven although his service is valid and was not profaned.41
Halacha 15
It appears to me42 that any priest who is fit to serve who enters the area of the altar or [proceeds] beyond there43 while intoxicated due to wine, drunk due to other alcoholic beverages, with long hair, or with torn garments as one tears because of a person's death, he is liable for lashes, even if he did not perform service. [The rationale is that] he is fit for service and entered [the Temple] at the time of service in such an unkept manner although he was warned not to enter.
Halacha 16
The laws that apply to someone who enters beyond the altar and the laws that apply to ones who depart from there are the same. What is implied? One drank44 a revi'it of wine between the Ulam and the altar or tore his garments there and departed, he is liable for lashes.45 Similarly, if he performed service as he departed, he is liable for death.
Halacha 17
Similarly, it is forbidden for any person, whether a priest or an Israelite, to enter the entire Temple area, from the Courtyard of the Israelites and onward46 when he is intoxicated from wine, drunk [from other beverages], with unkept long hair or with torn garments. Although there is no explicit warning [against this in the Torah], it is not a sign of honor or reverence47 to the great and holy house to enter it unkept. If, however, an Israelite48 lets his hair grow until it is formed into a weave and it was not unkept, he is permitted to enter the Courtyard of the Israelites.49
FOOTNOTES
1.
This excludes a challal, a son born to a priest from a forbidden relationship, and a priest who has a disqualifying physical blemish. They are not liable for this severe punishment.
2.
Sefer HaMitzvot (negative commandment 73) and Sefer HaChinuch (mitzvah 152) include this commandment among the 613 mitzvot of the Torah. Note also the parallels in Hilchot Nesiat Kapayim 15:4.
3.
I.e., ascends the steps to the Temple building or enters that structure. See also Halachah 15 and notes.
4.
If he entered this area while intoxicated, but did not perform service, he is only liable for lashes, as stated in Halachah 15. Similar concepts apply if he drank intoxicating beverages while in this area (Halachah 16).
5.
The services for which he is liable are described in Chapter 9, Halachah 2.
6.
He may, however, be punished by a mortal court with lashes and thus freed from the more severe spiritual punishment. SeeHilchot Sanhedrin 19:2.
7.
A liquid measure equal to 86 cc. according to Shiurei Torah and 150 cc. according toChazon Ish. [It is reputed that the wines of the Talmudic era were very strong and drinking even this small amount could cause intoxication.]
8.
And thus has had time to ferment and reach an alcoholic content sufficient enough to cause intoxication.
9.
Since he paused while drinking it, its intoxicating effect will be less.
10.
Even if one drank the entire quantity, since it was diluted, it will have a lesser effect.
11.
Since its alcoholic content will not be that high, one is not liable. There is, nevertheless, a prohibition against serving in the Temple even when having drunk such wine (Kessef Mishneh).
12.
The Ra'avad objects to the Rambam's ruling, maintaining that although serving in the Temple in such a condition is forbidden, the priest is not liable for such severe punishment, nor is his service disqualified. The Radbaz and the Kessef Mishneh offer interpretations of Keritot 13b that substantiate the Rambam's position.
13.
One of the opinions in Keritot 13b derives this concept from the literal meaning ofLeviticus 10:9, translated above as: "Do not drink intoxicating wine," i.e., it interprets the term veseicher according to its simple meaning, i.e., an alcoholic beverage other than wine. There is another opinion in that source that interprets veseicher as an adjective (which we have translated as "intoxicating") describing the manner in which one drinks wine. Apparently, the Rambam does not see the two interpretations as mutually exclusive. SeeKessef Mishneh. See also Halachah 15.
14.
See Sefer HaMitzvot, loc. cit., where the Rambam links the two prohibitions in the same negative commandment. One is not, however, liable for death for delivering a ruling while intoxicated. Note the discussion of this matter by the Ramban and Megilat Esther in their glosses to Sefer HaMitzvot.
15.
One of the eight forbidden teeming animals mentioned in Leviticus 11:29-30. A frog is not one of those animals.
16.
I.e., a directive for actual practice.
17.
Note the Shulchan Aruch (Choshen Mishpat7:5) which quotes an opinion stating that it is permitted to rule in cases involving financial law when slightly intoxicated.
18.
A Talmudic measure equivalent to a kilometer. If he rode rather than walked, he must ride three mil (Eruvin 64b).
19.
Who serve in the Temple that week. SeeHilchot K'lei HaMikdash 4:3, 11.
20.
As stated in that source, on each particular day, there was a clan whose members would perform the Temple service for that day.
21.
The Ra'avad differs with the Rambam and maintains that the intent of Ta'anit 17a (the Rambam's source) is not the night before the priests serve in the Temple, but the night afterwards. They are forbidden because it is possible that they will have to continue offering the limbs and fat-tails of the animals at night if they were not able to offer them during the day. The Kessef Mishnehsupports the Rambam's interpretation, explaining that there is no need to prohibit the priests from drinking wine the entire night for this reason. It is sufficient that they be restrained until these limbs have been offered.
22.
Were it not for the reason mentioned at the conclusion of the halachah, this law would apply even in the present era. This is a decree, enacted lest the Temple be rebuilt and the priests be required to serve at their appointed time.
23.
Lest he be drinking on a day forbidden for him.
24.
I.e., his lack of knowledge of his watch and clan.
The Ra'avad differs with the Rambam with regard to the reason why there is no decree against the priests drinking wine in the present age. He rejects the Rambam's view, because with Mashiach's coming, the lineage of the priests will be established according to the spirit of prophecy (seeHilchot Melachim 12:3) and the priests will immediately be called upon to begin their service in the Temple. Instead, the rationale is that because of the length of the exile, we do not expect that the Temple will be built instantaneously. [This is also the view of Rashi (Ta'anit 17a)]. The Kessef Mishnehsupports the Rambam's view, noting that according to the Rambam, we may offer sacrifices even if the Temple is not rebuilt (Hilchot Beit HaBechirah 6:15) and furthermore, the establishment of the priest's lineage even through the spirit of prophecy will not take only one day.
25.
See Halachah 11 for a definition of this term.
26.
Sefer HaMitzvot (negative commandment 163) and Sefer HaChinuch (mitzvah 149) includes this commandment among the 613 mitzvot of the Torah. Note the objections of the Ramban to the inclusion of this charge as one of the mitzvot and the resolutions offered by Megilat Esther in their glosses toSefer HaMitzvot.
27.
The law that applies if he does not perform service is explained in Halachah 15.
28.
As stated in Halachah 1.
29.
The prooftext for this prohibition from the Torah (Leviticus 10:6), "Do not let [the hair of] your heads grow long," is not sufficient, because that could be interpreted as merely granting license for Aaron's sons to conduct themselves in this manner. Other mourners must rend their garments and let their hair grow and they were not required to. The verse from Ezekiel teaches that the charge applies at all times and is not specific to that situation (Kessef Mishneh; Sefer HaMitzvot, loc. cit.).
30.
I.e., the equation of their service to that of intoxicated priests is not complete.
The Rambam's view is not accepted by all authorities. There are some who maintain that such a priest's service is also disqualified. See the Ramban's gloss toSefer HaMitzvot.
31.
The Ra'avad differs and from the verse in Ezekiel cited above understands that all priests are prohibited against growing their hair long and must take haircuts once in 30 days. The Kessef Mishneh supports the Rambam's position. See the following halachah and notes.
32.
See Hilchot K'lei HaMikdash 5:6 where the Rambam explains the restrictions incumbent on the High Priest in greater detail. As he states there, these prohibitions apply to a High Priest even outside of the Temple and even when he is not in mourning.
33.
See ibid. 5:7.
34.
Hilchot Nizirut 3:2. Thus we can assume that growing one's hair long encompasses a 30 day period.
35.
Implied is that if a priest does not desire to serve, he is not required to cut his hair (Kessef Mishneh).
36.
This does not refer to the priestly garments, for the priestly garments are not washed (Hilchot K'lei HaMikdash 8:5). Instead, the intent is the priest's personal garments. As a mark of respect, he should ascend to the Temple in freshly laundered clothes (Yeri'ot Shlomo).
37.
Note a parallel decree in Hilchot Shivitat Yom Tov 7:19. See also Hilchot K'lei HaMikdash6:11.
38.
Although doing so is usually forbidden, as stated in Hilchot Shivitat Yom Tov, loc. cit.Here leniency was granted, because he is considered to have been held back from cutting his hair before the festival by forces beyond his
39.
And not during the festival.
40.
Sefer HaMitzvot (negative commandment 164) and Sefer HaChinuch (mitzvah 150) includes this commandment among the 613 mitzvot of the Torah. In this instance as well, the Ramban objects to the inclusion of this charge as one of the 613 mitzvot.
41.
This ruling appears in direct contradiction toHilchot K'lei HaMikdash 8:4 where the Rambam writes: "If [the priestly garments] were muddy, torn, longer than his appropriate measure... and a priest performed service while wearing them, his service is invalid." Among the resolutions offered is that in Hilchot K'lei HaMikdash, the Rambam is speaking about clothes that remain torn (therefore, even after the fact, the service is invalid), while here he was speaking about torn garments that were mended. As the Radbaz explains, here the Rambam is speaking about a tear like the tear made when one rends his garments in mourning (which can be mended) as indicated in the following halachah, and there, he is speaking about a garment that was torn in many places.
42.
This expression indicates a conclusion which the Rambam reached through the process of deduction and not derived from any specific source.
43.
The Ra'avad agrees that this law applies to a priest that ascends the altar in these unkept states, but differs with regard to a priest who proceeds further and ascend the steps of the Temple. He maintains that entering that area in these unkept states is forbidden only according to Rabbinic Law. The Kessef Mishneh offers an explanation that justifies the Rambam's ruling.
44.
I.e., as a conscious transgression.
45.
The Ra'avad offers a different interpretation of the Rambam's source, the Sifra toParshat Shemini. The Kessef Mishneh and others offer support for the Rambam's interpretation.
46.
As explained in Hilchot Beit HaBechirah, ch. 7, the other areas of the Temple Mount have a lesser degree of holiness.
47.
See Hilchot Beit HaBechirah, loc. cit., which speaks of the command to fear the Temple.
48.
Or a Levite as will be explained.
49.
Rambam LeAm gives the example of the prophet Samuel who was a Nazirite and hence, allowed his hair to grow long. Nevertheless, he combed it until it was attractive and hence, he was allowed to remain in the Sanctuary of Shiloh.
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Halacha 1
There are certain species of plants which will divide into separate forms because of the difference in the place [where they grow] and the differences in the manner in which the earth is cultivated until they appear as two species. Nevertheless, since they are one species, they are not considered as kilayimwith each other.
Halacha 2
And there are species of plants that resemble each other and whose form is close to being the same. Nevertheless, because they are two species, it is forbidden [to grow] them together.
Halacha 3
What is implied? Lettuce with wavy lettuce,1 endives and wild endives, leek and wild leek, coriander and mountain coriander, mustard and Egyptian mustard, Egyptian squash and squash of ashes,2 are not considered askilayim with each other. Similarly, wheat and undomesticated wheat, barley and oats, rye and spelt, beans and white peas, fabaceae and leguminosaea,3white beans with azuki beans, zucchini and cucumbers, cabbage and cauliflower, beets and sorrel are not kilayim with each other. But radishes and Israeli radishes,4 mustard and bitter cabbage, Greek squash and Egyptian squash, or and squash of ashes, although they resemble each other arekilayim with each other.
Halacha 4
Similarly, with regard to trees, there are species which resemble each other with regard to their leaves or their fruit, but since they are separate species, they are kilayim. What is implied? Apples and crabapples, peaches and almonds, prunes and Arabian jujube, although they resemble each other arekilayim with each other. But apricots and white plums and quince and lavallei are not kilayim with each other.
Halacha 5
Similarly, there are other plants and trees which [our Sages] did not classify as kilayim although they are inherently two different species, because the leaves of one resemble the leaves of the other or the fruit of one resembles the fruit of the other very closely to the extent that they appear as different shades of the same species. [The rationale is that] with regard to kilayim we follow the appearance alone.5
Halacha 6
What is implied? Turnips and radishes are not kilayim with each other because their fruits are similar.6 Turnips and Israeli radishes are not kilayimwith each other, because their leaves resemble each other. But radishes and Israeli radishes are kilayim even though their fruits resembles each other and their leaves resemble each other, because the taste of the fruits are drastically different from each other.
Halacha 7
How much is it necessary to separate between two species of plants so that they will not be considered as kilayim [when planting them in the same field]? So that [the two species] will look distinct from each other. If, however, they appear as if they were sown together, this is forbidden.7
Halacha 8
There are many different measures given with regard to the distance required to make this distinction. Everything depends on the size of the field that is being sown and the proliferation of leaves [the plants have] and the extent to which their branches spread out.
Halacha 9
What is implied? If a person had sown a species of grain in his field and he sought to sow another species of grain in another field at its side, he must make a separation the size of the area in which one can sow a quarter of akav between the two. This is approximately8 ten and one fifth cubits by ten and one fifth by approximately ten and one fifth cubits. [This applies] whether [the space left empty ceases] in the midst [of these fields] or [continues along their entire] side.9 If there is less than this space between them, sowing [these crops] are forbidden, but he is not liable for lashes unless they are six handbreadths [or less] close to each other.10
Halacha 10
If his field was sown with vegetables and he desired to sow another species of vegetables - even squash11 - in another field at its side, he must make a separation of a square six handbreadths by six handbreadths between the two whether [the space left empty ceases] in the midst [of these fields] or [continues along their entire] side. If there is less than this space between them, sowing [these crops] are forbidden, but he is not liable for lashes unless they are within a handbreadth of each other.12
Halacha 11
If there was grain sown in one of two fields and vegetables or squash sown in the other, one must make a separation the size of the area in which one can sow a quarter of a kav between the two.13
Halacha 12
When does the need to make a distinction of the size mentioned above apply? Between two fields.14 If, however, he had sowed vegetables in his field and he desires to sow a row of another species of vegetables at their side,15 it is sufficient for him to leave a trench six handbreadths long16 with its width the same as its depth17 between the row and the field.
Halacha 13
When a field is sown with grain and a person desires to sow a row of vegetables - even squash whose leaves are long and become tangled - in its midst, he must leave a distance of six handbreadths between them.18 If the leaves of the squash became extended and entered into [the portion where] the grain [was sown] and became entangled with it, he should uproot enough of the grain in front of the squash so that the leaves will not become tangled.19Needless to say, if he sowed one row of one species and another row of another species, it is sufficient for there to be one trench between them, as will be explained.20
Halacha 14
If he made an appropriate separation between the two species, but one of the species became draped upon the other one - whether the grain became draped upon other grain, a vegetable upon another vegetable, a vegetable upon grain, or grain upon a vegetable - everything is permitted, for he made a separation of the appropriate measure. [There is one] exception, Greek squash, because it becomes extended very far. Therefore if it becomes draped upon [another species], one should uproot the species in front of it,21as explained [in the previous halachah].
Halacha 15
If between two species there were [any of the following] - a cistern,22a plowed field left fallow, a stone fence, a path,23 a wooden fence that is ten handbreadths high, a trench that is ten handbreadths deep and four handbreadths wide, a tree whose branches hang to the earth,24 or a rock that is ten handbreadths high and four [handbreadths] wide - it is permissible to place the one species on one side of [the divider] and the other species on the other side [of the divider]. Since one of the above is separating between them, they appear distinct from each other.
Halacha 16
When is it necessary for there to be such a separation or a divider? When one is sowing [the two species] in his own field. If, however, one person sowed wheat in his field, his colleague is permitted to sow barley in a bordering [field], as [implied by] Leviticus 19:19]: "Do not sow mixed species in your field." The prohibition applies only to sowing mixed species in one's own field. For the Torah does not say: "Mixed species shall not be sown on the earth."25
Moreover, even if one planted barley in his own field next to wheat and extended the barley until it was adjacent to the field of his colleague which was planted with barley, it is permitted. [The rationale is that] the barley in his own field appears to be the end of his colleague's field.26
Halacha 17
If his field was planted with wheat and a colleague's field adjoining it was planted with wheat, he is permitted to sow one row of flax at the side of his wheat adjoining his colleague's field.27 [The rationale is that] an observer knows that it is not the common practice to sow only one row of flax and this person is merely testing his field to see if it is fit to plant flax or not. Thus he is sowing the seed with the intent of destroying it.28 Therefore,29 it is forbidden to sow another species30 between these two fields31 that are planted with one species until he makes a distinction [between the two species] within his own property.
Halacha 18
When a person's field and a colleague's field were sown with two [different] types of grain,32 he should not sow even one row of mustard seed or safflower seed, because it is customary to sow one row of these.33 If, however, there were two fields planted with different species of vegetables, it is permitted to sow mustard seed or safflower seed between them. For it is permitted to bring any species close to mustard seed or safflower seed with the exception of grain.34 [There is a stringency in the latter instance, because the mustard seed or safflower seed] do not have a harmful effect on [grain].
Similarly, if a corner [of a portion] of one's field [sown] with one species touches a block [of the field sown] with another species, it is permitted, because they appear separate from each other.35 Needless to say, if the corner [of a portion of one's field sown] with one species touches a corner [of the field sown] with another species, it is permitted without setting them apart or making a distinction as we explained,36because it appears that it is the end of one field that touched the end of another field.
FOOTNOTES
1.
In his Commentary to the Mishnah (Kilayim1:2), the Rambam defines this as "mountain lettuce." The examples cited by the Rambam in this and following halachot are all taken from Kilayim, ch. 1. Our translation is largely dependent on the Rambam's Commentary to the Mishnah and Rav Kappach's notes to that text.
2.
This squash has a bitter taste and is made edible only by putting it in a remetz, a pit filled with smoldering ashes (ibid.).
3.
Two types of wild beans.
4.
See Halachah 6.
5.
The Rambam also states this principle in his Commentary to the Mishnah (Kilayim 3:1). According to his understanding, it is our perception which determines whether one is mixing species or not. Their biological nature is a secondary factor.
6.
The Ra'avad differs on the principle explained by the Rambam and considers these species as kilayim.
7.
The Rambam is stating a general principle with which he introduces the coming halachot.
8.
I.e., slightly more than that sum (Kessef Mishneh).
9.
Our translation is based on the gloss of theKessef Mishneh who cites the Rambam's Commentary to the Mishnah (Kilayim 3:3) as a source.
The Radbaz and the Kessef Mishneh cite the Jerusalem Talmud (Kilayim 2:7) which states that if one species surrounds the other on all four sides, such a separation is not sufficient. They say that one could understand the Rambam as alluding to that view. The Aruch HaShulchan 297:32, however, explains that the Rambam differs.
10.
I.e., unless it is less than the smaller figure, it is not forbidden by Scriptural Law. Nevertheless, as a safeguard, our Sages required an even greater separation.
11.
Whose leaves spread very far (see Halachah 13).
12.
Although the Ra'avad rules stringently, stating that the measures mentioned in the previous halachah apply in this instance as well, the Radbaz and the Kessef Mishnehjustify the Rambam's approach.
13.
Since there is grain involved, we rule stringently (Radbaz).
14.
Here the Rambam does not define what constitutes a field. In Hilchot Matanot Aniyim3:4, he states that a small field is 50 cubits by 2 cubits and in Hilchot Shechenim 1:4, he defines a field as a place that is fit to sow nine kabbim. In his Commentary to the Mishnah (Bava Basra 1:6), he defines that as being 3750 sq. cubits.
15.
If he wants to sow this row in the middle of the field, he must leave such a trench on either side (Radbaz).
16.
For a separation this size is sufficient to set the row apart as a distinct entity [the Rambam's Commentary to the Mishnah (Kilayim 3:3)].
17.
The trench must be at least a handbreadth deep.
The Ra'avad differs with the Rambam's interpretation of this concept, but the Radbaz and the Kessef Mishnehsubstantiate the Rambam's understanding.
18.
See Chapter 4, Halachah 3, and notes.
19.
The Radbaz explains that he could also cut off the extensions of the squash plants, but apparently, he would suffer a greater loss from doing that than from uprooting the grain. Hence, the Rambam is simply giving him good advice.
20.
The Radbaz mentions that this also refers to the concepts mentioned in the previous halachah. It is, nevertheless, placed here to teach that even though there is grain involved (see Halachah 9), since we are speaking only of one row, there is no need for additional stringency.
21.
Even though there is an appropriate separation, the species appear to be mixed [the Rambam's Commentary to the Mishnah (Kilayim 3:11)].
22.
Our translation follows the gloss of the Radbaz. Others interpret the term bor as referring to an unplowed field.
23.
Which is four cubits wide (see Hilchot Matanot Aniyim 3:3).
24.
And thus it appears as a tent [the Rambam's Commentary to the Mishnah (Kilayim 3:11)].
25.
This ruling is an outgrowth of the rationale for the prohibition against mixed species: not to intermingle the different spiritual powers that give energy to the various crops (see the commentary of Rabbenu Bachaye toLeviticus 19:19). If the properties belong to two different people - even though the land on which the different crops grow are adjacent - the two spiritual mediums of nurture will not be intermingled (Yayin Malchut).
The Ra'avad does not accept the Rambam's ruling. He accepts the following clause - for it is an explicit mishnah (Kilayim 2:7) - but maintains that the sowing of the two species next to each other are acceptable in that instance, because at the outset, there was a clear distinction. In this instance, by contrast, there is no distinction at the outset, and it appears that a prohibition was violated. The Radbaz justifies the Rambam's ruling, stating that if one is allowed to sow mixed species in his own field, because it appears to be an extension of his colleague's field, certainly, his colleague is allowed to plant a different species in his own field.
26.
And thus they will not appear as mixed species to an onlooker.
27.
Despite the fact that the two fields appear to be one continuous field of wheat, planting the one row of flax is permitted for the rationale explained by the Rambam (Radbaz).
28.
I.e., he is not intending to reap any benefit from planting this flax. For this reason, the prohibition against kilayim does not apply.
29.
I.e., since the reason for the leniency is that everyone can see that he has no benefit from the row of flax, when that rationale does not apply, the leniency is not granted.
30.
I.e., a species other than flax that people might commonly sow only one row of.
31.
Our text is based on authoritative manuscripts of the Mishneh Torah. The version in the standard printed text is slightly different.
32.
Needless to say, this applies when the fields are sown with the same species (Radbaz).
33.
I.e., these are crops for which there is a benefit in sowing a single row. Hence, in contrast to the flax mentioned in the previous halachah, a prohibition exists.
The commentaries note that the Rambam's statements here appear to contradict his statement in Chapter 1, Halachah 9, in which he states that it is customary to sow entire fields of mustard seed. They are, however, reinforced by his statements in Hilchot Matnot Aniyim 3:11.
34.
Since mustard seed and safflower seed have a harmful effect on other crops, there is no prohibition. Significantly, in his Commentary on the Mishnah (Kilayim 2:8), the Rambam writes the direct opposite that mustard seed and safflower seed have a harmful effect on grain, but not on other crops.
Rav Yosef Corcus notes that from the previous halachah, one might think that it is permitted to plant only a row of flax, but not of other species, because only flax is planted as an experiment. And from this halachah, one might think only mustard seed and safflower seed are forbidden, for otherwise, there would be no reason to single them out individually, but other species are permitted. In resolution, he explains that here the emphasis is on mustard seed and flax seed individually. Since they are permitted next to other species, one might think that they are also permitted next to grain. Hence, it is necessary to emphasize that this is not so.
35.
Even though they are adjacent, the manner in which they are planted makes a clear distinction.
36.
In Halachah 16.
Kilaayim - Chapter 4
Halacha 1
It is permitted to sow two rows of zucchini next to each other, next to them two rows of squash, next to them two rows of Egyptian beans, [provided] there is a trench1 between each species.2 One should not, however, sow one row of zucchini, one row of squash, and one row of Egyptian beans, even though there is a trench separating between each species, because the leaves of these species grow long and become extended and tangled. If they are sown one row next to another, everything will become intermingled and it will appear that he sowed [the crops] as a mixture.
Halacha 2
If a person's field was planted with types of vegetables and he desired to plant several rows of squash3 in it, [he must do the following]: Rip up from the vegetables a place where he will plant a row of squash and separate between it and the vegetables with a trench. He then leaves a twelve cubit section of vegetables and plants a second row of squash, dividing between it and the vegetables with a trench. Similarly, [he should follow this pattern] until [he reaches] the place he desires. Thus there will be twelve cubits between each two rows of squash.4 If there is less than this measure, it is forbidden, because the leaves will become tangled with the vegetables between them on either side and it will appear that he sowed [the crops] as a mixture.
Halacha 3
When [a person has] a row of squash sown or even one squash [plant] and desires to plant grain next to it, he must [leave empty a portion] large enough to sow a fourth [of a kav],5 for [the squash plants'] leaves have become extended and are considered to have taken possession of a large area.6 Any entity, e.g., a grave, a rock,7 or the like, that exists within [the area] large enough to sow a fourth [of a kav] that is left empty as a separation between these two species is considered as part of the measure.
Halacha 4
Halacha 5
It is permitted to sow two species in one pit - even zucchini and squash10 - provided that one is leaning above one side of the pit and the other leans above the other side and thus they appear separate from each other.11Similarly, if one planted four species in a pit and pointed them to each of the four directions, it is permitted.
Halacha 6
When a person desires to sow his field in many long rows of different species, he should make a separation of two cubits by two cubits [at the beginning of the rows]. He may then continually reduce the width of the empty space until at the end of the rows, there is only the slightest amount of empty space between them. [This is permitted,] because they do not look like they have been sown as a mixture.12
Halacha 7
If a person wants to plant his field in squares13 of different species, he should not plant more than nine squares in a field large enough to sow a se'ah. Each square should be large enough to sow a quarter of a kav.14 Thus there will be approximately ten cubits minus a fourth of a cubit between each square, for the area in which a se'ah can be sown is fifty [cubits] by fifty [cubits].
Halacha 8
What is the difference between the terms meishar and karachat?15 The former is long and the latter is square.
Halacha 9
[The following principle applies with regard to] species of vegetables that it is not customary for a person to sow in large amounts as we explained.16 It is permitted to sow even five types of these vegetables in one row that is six handbreadths by six handbreadths, provided he sows four species at the four sides17 of the row and one in the middle, leaving a handbreadth and a half between each species so that they will not derive nurture from each other.18One should not, however, sow more than five species [in a row] even if he makes an appropriate separation, because it appears that they are sown as a mixture.
Halacha 10
When does the above apply? To a row planted in a ruin where there are no crops outside it. If, however, a row is planted among other rows [of produce], it is forbidden to sow five [different] species. For if he will sow all four sides of one row and all the sides of the rows around it, everything will appear as a mixture.19
If he caused the leaves of one row to lean to one side and those of the other row to lean to the other side so they appear distinct [from each other], it is permitted. Similarly, if he makes a trench between each row, it is permitted.20
Halacha 11
It is forbidden to sow outside this row without a trench or without leaning [the plants to the side]. [This applies] even opposite the corners of the row in which there are no plants. This is a decree, [enacted] lest one sow the four species in the four corners of the row21 and sow other species outside of it, opposite the corners, and thus, everything would appear mixed.
Halacha 12
If the row was six handbreadths by six handbreadths and it had a barrier a handbreadth high and a handbreadth wide around it, it is permitted to sow even eighteen species within it: three on each barrier22 and six in the middle. One must separate a handbreadth and a half between each species. One should not sow a turnip in the midst of the barrier, lest it fill it.23 He should not sow more than that.24
Halacha 13
Halacha 14
Halacha 15
When a person desires to fill his entire garden with different types of vegetables without making a separation between them, he should divide the entire garden into square rows, even six handbreadths by six handbreadths. He should then make five circles in every row, four for the four corners and one in the center. He may sow a species [of vegetables] in each circle and one in the center and he may sow four other species in the four corners.30Thus there are nine species in each row and yet they appear separate from each other. He leaves empty only what is between the circles. This is left fallow so that the circles will appear distinct from the corners and distinct from each other.31
If he desires not to leave any empty space at all, he should do the following: If [the crops in] the circles are sown vertically, he should sow [crops in the space left] between them horizontally. If they are sown horizontally, he should sow [in the space] between them vertically so that they will appear distinct from each other.
Halacha 16
From all of the above, the following principles become apparent for you. When there is sufficient space32 between two species so that they will not derive nurture, we are not concerned with the appearance as we explained.33 And when they appear separate from each other, we are not concerned with the fact that they derive nurture from each other, even if they are next to each other as we just explained.
FOOTNOTES
1.
Chapter 3, Halachah 12, states that these trenches must be as wide as they are deep. The Aruch HaShulchan writes that the trench must be at least four handbreadths wide.
2.
Although these species are considered askilayim, sowing them in this manner is permitted, because of the precautions that are taken. For each block of a particular crop appears as a separate field [the Rambam's Commentary to the Mishnah (Kilayim 3:4)].
Although in the following halachah, a twelve cubit stretch of each crop is required, that is because one is sowing only one row of the squash. Hence, it does not look like a field of squash and sowing a larger stretch of vegetables is required (Radbaz).
3.
In his Commentary to the Mishnah (ibid.:6), the Rambam writes that a row of squash is four cubits wide.
4.
In such an instance, each block of vegetables appears as a separate field, as stated above (Radbaz).
The width of the trench is not counted because it does not have a specific measure, nor must it extend over the entire length of the field (Rav Yosef Corcus).
5.
10 and one fifth cubits by 10 and one fifth cubits. This stringency is required because the laws governing grain are stricter than those governing vegetables.
6.
The Radbaz notes that in Chapter 3, Halachah 13, the Rambam speaks of making a separation of six handbreadths between grain and squash and here, he requires a much larger figure. He explains that here we are speaking about a situation in which the squash has already grown and its leaves are extended, while there we are speaking of squash that is just beginning to grow.
7.
I.e., a rock that is less the ten handbreadths high and four handbreadths wide. If it is of the latter size, it alone is considered a sufficient divider, as stated in Chapter 3, Halachah 15.
8.
If they are not this deep, they are considered to be flush with the earth and the leniency mentioned in this halachah does not apply.
9.
For each type of plant appears distinct.
10.
Whose leaves spread and become entangled [the Rambam's Commentary to the Mishnah (Kilayim 3:5)].
11.
And the foundation of the prohibition ofKilayim is the impression created (ibid.).
12.
I.e., the separation made initially is sufficient to distinguish the crops sown throughout the field.
13.
The Ra'avad notes that the Rambam uses the term karachat which usually means "bald patch" to refer, not to the area of the field that is left empty, but the area which is planted.
14.
Ten and one fifth cubits, as stated in Chapter 3, Halachah 10.
15.
The Hebrew terms used in the two preceding halachot.
16.
Chapter 1, Halachah 9.
17.
Note the accompanying diagrams, taken from the Rambam's Commentary to the Mishnah (Kilayim 3:1).
18.
This is the measure in which plants derive nurture from the earth (ibid.). The Rambam, however, does not always focus on this point, because he views the impression created of equal significance, as stated at the conclusion of the chapter.
19.
Even if he does not fill up the borders, it is forbidden as a decree, lest he come to do so (Kessef Mishneh).
20.
For the trench appears as a distinction.
21.
See the accompanying diagram, taken from the Rambam's Commentary to the Mishnah.
22.
I.e. since the species are sown on the barrier, they are distinct from those sown within the trench. Note the following diagram, taken from the Rambam's Commentary to the Mishnah.
23.
I.e., lest the turnip grow large and fill up the empty space on the border.
24.
For it will be cluttered and appear as a mixture (Radbaz).
25.
E.g., mustard or smooth peas (Kilayim 3:2).
26.
It is customary to sow larger plots of these crops. Hence if one sows a row of the above size with different species of these crops, it will appear to be a mixture of species.
27.
Halachah 12.
28.
I.e., some of its earth was taken away.
29.
It is, however, forbidden to sow crops on the side of the barrier until its height is restored [the Rambam's Commentary to the Mishnah (Kilayim 3:2)]. There, however, the Rambam interprets the barrier as referring to a divider between two types of crops, not a barrier around a row.
30.
I.e., the area between the circles and the perimeter of the square.
31.
The Ra'avad objects to this ruling. The Rambam's rationale depends on the principle explained in the following halachah: that when crops appear distinct, we are not concerned that they derive nurture from each other.
32.
A handbreadth and a half.
33.
Halachah 9.
Kilaayim - Chapter 5
Halacha 1
When a person sows two types of grain or two types of vegetables1 together with [grape] seeds, he is liable for two sets of lashes:2 one for [violating the prohibition (Leviticus 19:19)]: "You shall not sow your field with mixed species,"3 and one for [violating the prohibition (Deuteronomy 22:9)]:4"You shall not sow your vineyard with mixed species."
Halacha 2
A person does not receive lashes for sowing kilayim in a vineyard unless he sows a handful of wheat, barley,5 and grape seed in Eretz Yisrael.6 Similarly, one who covers such seeds with earth is worthy of lashes. And one who sows two types of vegetable seeds or a vegetable seed, a grain seed, and a grape seed from one hand is worthy of lashes.
Halacha 3
He is not liable according to Scriptural Law unless [he sows] hemp and wild onions or the like from seeds that will mature together with the produce of the vineyard.7 Other types of seeds are forbidden according to Rabbinic decree. Similarly, according to Rabbinic decree, it is forbidden to sow kilayim in a vineyard in the Diaspora.
Halacha 4
Why did [the Sages] forbid planting mixed species in a vineyard in the Diaspora, but not mixed species in a field?8 Because [the prohibition against] mixed species in a vineyard is more severe. For if they were to be sown inEretz Yisrael, it would be forbidden to benefit from them.9 Since it is forbidden to benefit from them in Eretz Yisrael, it is forbidden to sow them in the Diaspora.
Halacha 5
Halacha 6
Halacha 7
It is forbidden to sow vegetables or grain next to vines or to plant a vine next to vegetables or grain.15 If one does this, although he is not liable for lashes,16[the produce] is hallowed and it is forbidden to benefit from both the grain or vegetables and the vines.17 They must both be burnt, as [Deuteronomy 22:9] states: "Lest the fullness of the seed... become hallowed."
Halacha 8
[The prohibition applies equally] whether one plants or maintains kilayim; i.e., one saw that mixed substances grew in his vineyard and he left them [to grow], they become hallowed.20
A person may not hallow an article that is not his.21 Therefore if a person draped his vine over grain belonging to a colleague, he causes his vine to be hallowed, but not the grain. If he draped a vine belonging to a colleague over his grain, he causes his grain to be hallowed, but not his colleague's vine. If he draped a vine belonging to a colleague over grain belonging to a colleague, he does not cause either of them to become hallowed. For this reason, when a person sows [kilayim] in his vineyard in the Sabbatical year, he does not cause it to be hallowed.22
Halacha 9
When a person23 sees mixed species [growing] in a vineyard belonging to a colleague and maintained them, that observer is forbidden to benefit from them. Every other person is permitted. Were the owner of the vineyard to have maintained them, they would be hallowed for all people as explained.
Halacha 10
[The following laws apply when] a man of force24 sowed kilayim in a vineyard belonging to another person. If the owner hides out of fear,25 even though he does not despair over [ultimately receiving his property], [the produce] becomes hallowed according to Scriptural Law.26 If he does not hide, even though he does despair [the produce] becomes hallowed only according to Rabbinic Law.
Halacha 11
Halacha 12
[The following laws apply when] a man of force30 sowed [kilayim] in a vineyard [and then departed, leaving the vineyard to its original owner]. When the man of force departs, [the owner] should harvest the crops immediately,31even during Chol HaMoed.32 If one cannot find workers, he should add even a third to their wages.33 If they demanded more than that or was unable to find workers, he may continue searching without pressure and harvest [the produce]. If the produce remained until it reached the point that it hallows [the vineyard],34 it is hallowed and both species are forbidden.
Halacha 13
When do grain or vegetables become hallowed? When [the plants] develop roots. [When do] grapes? When they reach the size of a white bean, as [implied by Deuteronomy 22:9]: "Lest the fullness of the seed which you sowed and the produce of the vineyard become hallowed;" [i.e., the prohibition applies when] one sows this35and this36 becomes produce. If, however, the grain37has already dried to the degree necessary or grapes had matured to their full extent, they do not become hallowed.38
What is implied? When grain has already dried to the degree necessary and then one planted a vine in their midst or grapes had matured to their full extent and one planted grain or a vegetable next to them, although this is forbidden, they do not become hallowed.
Halacha 14
[The following rules apply in] a vineyard whose grapes have not grown to the size of a white bean, but are still underdeveloped. If one sowed vegetables or grain there and they took root, they are not hallowed.39 Nevertheless, he is penalized and we forbid the growths.40 The underdeveloped grapes, by contrast, are permitted.41 If one uprooted the growths before the grapes became the size of a white bean, it is permitted to benefit from them.42
If some of [the grapes] have reached that size and some have not, those which have are hallowed and those which have not are not.43
Halacha 15
When grapes have grown to the size of a white bean and one planted grain or types of vegetables at their side and reaped the growths before they became rooted, it is permitted to benefit from them.44 If they became rooted, it is forbidden.
Halacha 16
When a vine has dried out and its leaves have fallen as is frequent in the winter,45 it is forbidden to sow vegetables or grain next to it. If one sows them there, they do not become hallowed. Similarly, if one sows these species in a flowerpot that does not have a hole which is located in a vineyard, the produce is not hallowed.46 He, however, should be given stripes for rebellious conduct.47If, however, the flowerpot has a hole, it is [as if he sowed] in the ground.48
Halacha 17
[The following rules apply when a person] was passing through a vineyard and seeds fell from him49 or they were brought [into a field] with fertilizer or water, or one was sowing or winnowing in a field of grain and the wind carried the seeds behind him and the seeds fell into a vineyard and sprouted, they do not become hallowed. [This is derived from the prooftext cited above] which states "which you sowed," and this was not sowed.50 He is, [nevertheless,] obligated to uproot it when he sees it. If he maintains it, it becomes hallowed.51
If the wind carried the seeds before him and he saw them fall into the vineyard, he is considered to have sown them. What should he do if their grasses grow? He should turn them over with a plow; this is sufficient. If he discovered that they have already ripened,52 he should crush the portion that ripened,53 for it is forbidden to benefit from the entire54 [plant].55 If he discovers that grain has already sprouted,56 it must be burnt. If he saw it and maintained it, it must be burnt together with the vines adjacent to it.
Halacha 18
When a person sees an herb that [most] people would not plant [growing] in a vineyard, it does not become hallowed57 even though he desires that it be maintained [so that he will use it] for animal [fodder]58 or for medicinal purposes unless most people in that locale59 would maintain such a plant. What is implied? [When] a person maintains brush [growing] in his vineyard in Arabia, it becomes hallowed, [because there most people] desire the brush for their camels.
Halacha 19
Mint, ivy, the king's lily, and other [similar] plants are not considered as kilayimin a vineyard. Hemp, artichokes,60 and cotton, are considered like other types of vegetables and they become hallowed in a vineyard. Similarly, all types of herbs that grow on their own accord in a field become hallowed in a vineyard. An Egyptian bean is considered as a plant and does not become hallowed. Bamboo, roses, and thornbushes are considered as species of trees and are not kilayim in a vineyard.61
Halacha 20
Halacha 21
Halacha 22
How can we measure this degree [of growth]? We see how long it would take for this vegetable or grain to dry if its connection with the earth were severed.66 Let us say that it would take 100 hours to dry to the point that it retained no moisture. Thus if it remained in the ground for half an hour after he reached it, it will have added 1/200th [to its size] and it is forbidden. If he waited less than half an hour, it is permitted.
Halacha 23
Halacha 24
[The following law applies when one] sowed an onion in a vineyard,69 the vineyard was uprooted afterwards,70 and then the onions grew from the roots that were already planted. Even though the growths are more than 200 times the size of the root,71 the root remains forbidden, for the permitted growths cannot change the status of the forbidden root.72
FOOTNOTES
1.
The wording of the prooftext implies that one is sowing mixed species - i.e., two species that are themselves kilayim - in a vineyard, i.e., together with grape seeds (Radbaz).
2.
Provided he is given a warning for each of the prohibitions (ibid.).
3.
As explained in Chapter 1.
4.
I.e., he transgresses a negative commandment, included as one of the 365 negative commandments by Sefer HaMitzvot (negative commandment 216) and Sefer HaChinuch (mitzvah 548).
5.
Not only wheat and barley, but all five species of grain are considered as mixed species when sown with grapes and forbidden according to Scriptural Law.
6.
For the only concept of kilayim that applies with regard to crops in the Diaspora is the prohibition against grafting different species of trees. The prohibition against mixed crops, like all the other laws concerning the crops of Eretz Yisrael, do not apply in the Diaspora.
7.
These species, like grapes, require three years before their produce appears. For the prohibition against mixed species to apply, the produce must resemble that of the grape vine.
In his Commentary to the Mishnah (Kilayim2:5), the Rambam writes that he does not see how it is possible for there to be a vegetable plant that does not produce fruit for three years. That is a common phenomenon for trees and vines, but not for vegetables. He writes that these species of vegetables do remain in the ground for several years and continue to produce fruit and that appears to be the Rambam's intent.
8.
As stated in Chapter 1, Halachah 3.
9.
As mentioned in Hilchot Ma'achalot Assurot10:6, Deuteronomy 22:9 states: ...Lest the fullness of the seed which you sowed and the produce of the vineyard become hallowed.' ['Becom[ing] hallowed'] means being set apart and forbidden."
In contrast, mixed species in the field are forbidden to be eaten, but it is permitted to benefit from them, as stated in Chapter 1, Halachah 7.
10.
This applies even on land belonging to a gentile. The Radbaz maintains that, according to the Rambam, this prohibition applies even on land belonging to a gentile in the Diaspora. Since it is forbidden for a Jew to plant such crops there according to Rabbinic Law, it is forbidden to help a gentile.
11.
With the intent of destroying it.
12.
The Radbaz asks: Since mixed substances that grow on a gentile's land are not prohibited, why are they referred to as undesirable substances? He explains that since they are forbidden when growing on a Jew's land, they are considered as undesirable even when growing on a gentile's land.
13.
I.e., plants that do not produce edible produce. This applies even according to Rabbinic Law (Kessef Mishneh). See Halachah 19 for illustrations of this principle.
14.
I.e., all types of trees may be planted in a vineyard.
15.
The Beit Yosef (Yoreh De'ah 296) states that the Rambam's wording implies that only one species of vegetable or grain is present. Although Halachah 1 states that to be liable for lashes, he must sow two mixed species together, a prohibition is involved when even one is present.
16.
For as stated in Halachah 2, he is not liable for lashes unless he sows the mixed species together.
17.
From the Rambam's wording, it is clear that he does not consider this as a Rabbinic safeguard, but rather the violation of a Scriptural prohibition.
18.
I.e., the prohibition does not apply only to the produce, but to the plants themselves. See the gloss of the Radbaz.
19.
Moreover, if a new oven is fired with them, it is forbidden to benefit from the oven itself. For firing a new oven completes it (Pesachim 26a).
20.
The owner of the field is not, however, liable for lashes, because he did not perform a deed.
21.
We find this principle in several other contexts (e.g., Hilchot Nazirut 9:9; Hilchot Arachin 4:26). Nevertheless, in those instances, the consecration of the article does not reflect a physical change in its state, but rather its designation as being holy. It is logical to conceive that only the owner of an article can make such a designation. In the present instance, by contrast, the different species of produce become hallowed because of the fact that they grow together. Seemingly, it makes no difference why they grow together, whether they were planted by the owner or by another person. Indeed, if a person puts milk into a pot cooking with meat belonging to his colleague, the food becomes prohibited.
For this reason, although the Rambam accepts the above principle in other contexts. He found it problematic with regard to kilayim. Thus in his Commentary to the Mishnah (Kilayim 7:4), he originally favored the opinions which maintain that the above principle does not apply in this instance. Only later in life did he change his view and rule, as above, that it does apply. According to Rav Kappach, at that time, he also amended his Commentary to the Mishnah.
22.
For in the Sabbatical year, the field is not his own. Instead, it is ownerless. As above, in this instance as well, the Rambam deviated from his original ruling in his Commentary to the Mishnah (loc. cit.:5).
The Radbaz notes that the above ruling applies to the produce, but not the wood growing in the vineyard, because the wood does not become ownerless. Therefore it is forbidden.
23.
The Ra'avad (based on the Jerusalem Talmud, Kilayim 7:5) interprets this as referring to a situation where the person is working for the owner of the field. Otherwise, he maintains there is no reason to rule that he should be forbidden to benefit. Rav Yosef Corcus and the Radbaz explain the Rambam's ruling. Rav Yosef Corcus states that it applies to a person who has the right to enter his colleague's field even thought he is not working there (see also Turei Zahav296:3). Otherwise, he would not have any effect on it, even for himself. The Radbaz states that the Rambam's ruling applies even to a person at large. Since he did not notify the owner about the problem, it is as if he took a vow to personally consider the produce as forbidden.
24.
In the time of the Roman occupation, it was common for landed property to be taken by force. Our Sages addressed the possible halachic problems that arise in such a situation.
25.
Our translation is based on the Rambam's Commentary to the Mishnah (Kilayim 7:6). Others interpret the term as meaning that the land is no longer referred to as belonging to the original owner.
26.
The Radbaz explains that since the owner is forced to hide, even though in his own heart, he hopes to have the land returned, it is as if he has already given up hope (Radbaz). Although generally, we follow the ruling that land cannot be stolen (Hilchot Gezeilah8:14), but instead, is always considered as belonging to the original owner, in this instance, because of the severity of the prohibition against kilayim, we rule stringently.
27.
Our translation is based on authentic manuscripts and early printings of theMishneh Torah. It also follows the Rambam's Commentary to the Mishnah (according to Rav Kappach's version). The standard printed text of the Mishneh Torah - and also that followed by the Kessef Mishneh - follows a different version. In all cases, the basic intent remains the same.
28.
I.e., and in the time he did not remove them, they grew 1/200th, as stated in Halachah 22.
29.
For, as evident from Halachah 21, a person does not cause produce to be consideredkilayim unless he willfully allows the mixed species to grow.
30.
In the time of the Roman occupation, it was common for landed property to be taken by force. Our Sages addressed the possible halachic problems that arise in such a situation.
31.
Lest he be liable for maintaining kilayim.
32.
The intermediate days of a festival, when there are restrictions against performing work in one's fields (see Hilchot Sh'vitat Yom Tov, ch. 7). Nevertheless, in this instance, he is required to do so, to avoid the violation of the prohibition against kilayim.
33.
In his Commentary to the Mishnah (Kilayim7:6), the Rambam gives an example. If the worker's wage was normally three zuz a day, he should be paid four.
34.
I.e., it grows 1/200th.
35.
Wheat or vegetables.
36.
The grapes.
37.
Before grain is ready to be harvested, the kernels dry out and harden.
38.
In his Commentary to the Mishnah (ibid.:7), the Rambam explains that the prooftext describing the prohibition speaks of "the seed" and "the produce." The Hebrew terms imply produce that is in the process of developing and not produce that has already developed fully and is ready to be harvested.
39.
I.e., according to Scriptural Law, neither the vines, nor the grain or the vegetables are forbidden.
40.
According to Rabbinic decree. Not only may one not partake of them, it is forbidden to benefit from them.
41.
The Ra'avad states that it is permitted to benefit from the produce of the vine, implying that it is forbidden to partake of it. The Radbaz and the Kessef Mishneh, however, differ and maintain that it is permitted even to partake of it.
42.
The Radbaz and the Kessef Mishneh state that this ruling appears to contradict the Rambam's statements made previously, that "he is penalized and we forbid the growths," implying that it is forbidden to benefit from them. They each suggest possible resolutions of the issue.
43.
This is speaking about a situation where the grain or the vegetables have taken root. The grain or the vegetables are forbidden, as above.
44.
It appears that, according to the Rambam, it is forbidden to partake of their produce immediately. The Ra'avad permits one to partake of it. His rationale is that since they did not take root, it is as if they were never planted. The Radbaz explains that the prohibition against partaking of the produce is a Rabbinic safeguard.
45.
In his Commentary to the Mishnah (Kilayim7:2), the Rambam emphasizes that we are speaking about a vine that is alive and will produce grapes in the future and not one that has dried out entirely. If the vine is totally dried out, it is permissible to sow other species near it (Radbaz, Kessef Mishneh, commenting on the gloss of the Ra'avad).
46.
As indicated by Chapter 1, Halachah 2, this reflects a general principle applicable in many contexts of agricultural law: If a flowerpot has a hole at its bottom, it is considered as being a part of the field, because it derives nurture there. If it does not have such a hole, it is considered as a separate entity.
47.
The punishment administered for the violation of a Rabbinic commandment.
48.
For it derives nurture from the ground through the hole. See the Rambam's Commentary to the Mishnah (Demai 5:10).
49.
Without his knowledge.
50.
On the contrary, they fell in the vineyard against his will [ibid. (Kilayim 5:7)].
51.
For whenever mixed species are maintained in a vineyard, they become hallowed, as stated in Halachah 8.
52.
But had not seen them beforehand.
53.
Although generally, kilayim should be destroyed by fire, an exception is made in this instance, because - since the newly grown crops are moist and not appropriate to be burnt.
54.
I.e., even its straw (Radbaz, Kessef Mishneh; this ruling appears to contradict the Rambam's Commentary to the Mishnah (loc. cit.).
55.
The grain is forbidden from the time it becomes rooted in the ground. The vines are not forbidden unless they grow 1/200th of their size. Alternatively, since he did not purposely plant the grain, even if the vines grew that much, they are not forbidden as long as the person did not willfully maintain the mixed species (Radbaz).
56.
For whenever mixed species are maintained in a vineyard, they become hallowed, as stated in Halachah 8.
57.
In his Commentary to the Mishnah (Kilayim5:8), the Rambam explains that this is also derived from the prooftext cited above. "Which you sowed" implies "what is customary for you to sow."
58.
Compare to Chapter 1, Halachah 4.
59.
I.e., everything depends on the prevailing local practice. What the person thinks individually is not of consequence.
60.
Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Uktzin 1:6).
61.
As stated in Halachah 6, all types of trees may be planted in a vineyard.
62.
In such an instance, each year, the trunk changes.
63.
Compare to Hilchot Ma'aser Sheni 1:7. See also Hilchot Berachot 8:6.
64.
I.e., he need not hurry to uproot it immediately, but may proceed at his ordinary pace, provided he does not delay.
65.
He has transgressed, because he has maintained mixed produce in a vineyard.
66.
As the Jerusalem Talmud (Kilayim 5:6) explains, a plant will grow at the same rate that it will dry out. (As the Radbaz points out, this applies over the entire span. The particular phases of its growth and drying will vary.)
67.
As stated in the notes to Halachah 16, when such a flowerpot is left on the ground, it is considered as if the pot is connected to the earth and it as if the plants growing in it are part of the vineyard. As a safeguard, our Rabbis forbade even carrying such a flowerpot through a vineyard.
68.
According to the Rambam, however, the produce growing in it does not become hallowed.
69.
And thus it became forbidden as kilayim.
70.
But the forbidden onion plant was left in the ground.
71.
And mixed species are nullified in a mixture 200 times the size of the original amount.
72.
Instead, despite the growth of the onion plant, the root remains forbidden. Rabbi Akiva Eiger notes that the Rambam rules in this manner in Hilchot Neta Reva'i 10:16. InHilchot Terumah 11:22, he rules otherwise.
The Rambam's wording could be interpreted as implying that the plant that grows from the root is permitted. This is the conclusion of Rav Yosef Corcus. There are otherRishonim who maintain that the entire plant is forbidden. Kin'at Eliyahu notes that inHilchot Nedarim 5:15, the Rambam rules: "If it was an entity whose seed does not decompose, even the produce that grows from the produce that grows from them is forbidden." Seemingly, the same principles would apply here.
• English Text | Video Class•
"Today's Day"
Thursday, Adar II 7, 5776 · 17 March 2016
Sunday Adar Sheini 7 5703
Torah lessons: Chumash: Vayikra, first parsha with Rashi.
Tehillim: 39-43.
Tanya: Ch. 36. It is a (p. 163)...else besides me." (p. 163).
Walking in the street one must think words of Torah. Whether to actually pronounce the words depends on the place, if one is permitted - according to Torah law - to utter words of Torah there. But when someone goes about not occupied with Torah words,1 then the stone he treads on exclaims: "Bulach! ('clod', in Russian) How dare you trample me! How are you any higher than I am?"
FOOTNOTES
1.See 15 Adar I.
•
Daily Thought:
The Trial of Love
Those times when a parent stands back as the child decides,
watching the consequences from afar, yet always there with the child
—they are the greatest trial of a parent’s love, the ultimate act of parenting.
They are not always possible, often too perilous to risk. But they provide the turning point for a child to become a person all her own.
So, too, when G‑d hides His face, that is when He shows His most awesome might, His deepest love.
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