Today's Laws & Customs:
• Today's 'Nasi': Issachar
In today's "Nasi" reading (see "Nasi of the Day" in Nissan 1), we read of the gift bought by thenasi of the tribe of Issachar, Nethanel ben Tzuar, for the inauguration of the Mishkan.
Text of today's Nasi in Hebrew and English.
• Omit Tachnun
Tachnun (confession of sins) and similar prayers are omitted.
Today in Jewish History:
• First Red Heifer Prepared (1312 BCE)
On the 2nd of Nissan, one day after the inauguration of the Tabernacle, Moses prepared the very first Red Heifer, in order to ritually purify the Jewish nation in preparation for the bringing of the Paschal Lamb in the newly erected Sanctuary.
Link: The Divine commandment of the Red Heifer
• Passing of Rashab (1920)
The fifth Lubavitcher Rebbe, Rabbi Sholom DovBer Schneersohn ("Rashab"), was born in the White Russian town of Lubavitch in 1860. After the passing of his father, Rabbi Shmuel (in 1882), he assumed the leadership of Chabad-Lubavitch.
Famed for his phenomenal mind and analytical treatment of Chabad Chassidism, Rabbi Sholom DovBer wrote and delivered some 2,000 maamarim (discourses of Chassidic teaching) over the 38 years of his leadership. In 1897, he established the Tomchei Temimimyeshivah, the first institution of Jewish learning to combine the study of the "body" of Torah (Talmudic and legal studies) with its mystical "soul" (the teachings of Chassidism); it was this unique yeshivah that produced the army of learned, inspired and devoted Chassidim who, in the decades to come, would literally give their lives to keep Judaism alive under Soviet rule.
In 1915, Rabbi Sholom DovBer was forced to flee Lubavitch from the advancing WWI front and relocated to the Russian city of Rostov-on-Don. In his final years, he began the heroic battleagainst the new Communist regime's efforts to destroy the Jewish faith throughout the Soviet Union.
Rabbi Sholom DovBer passed away in Rostov on the 2nd of Nissan, 1920. His last words were: "I'm going to heaven; I leave you the writings."
Links: About Rabbi Sholom DovBer; works by Rabbi Sholom DovBer
Daily Quote:
Educate the child in accordance with his way, so that also when he grows old he will not depart from it[Proverbs 22:6]
Daily Study:
Chitas and Rambam for today:
Chumash: Metzora, 1st Portion Leviticus 14:1-14:12 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 14
1And the Lord spoke to Moses, saying, אוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
2This shall be the law of the person afflicted with tzara'ath, on the day of his cleansing: He shall be brought to the kohen. בזֹ֤את תִּֽהְיֶה֙ תּוֹרַ֣ת הַמְּצֹרָ֔ע בְּי֖וֹם טָֽהֳרָת֑וֹ וְהוּבָ֖א אֶל־הַכֹּהֵֽן:
This shall be the law of the person afflicted with tzara’ath…: This teaches [us] that [one afflicted with tzara’ath] is not [pronounced] clean at night. — [Torath Kohanim 14:3, Meg. 21a] זאת תהיה תורת המצורע וגו': מלמד שאין מטהרין אותו בלילה:
3The kohen shall go outside the camp, and the kohen shall look, and behold, the lesion of tzara'ath has healed in the afflicted person. גוְיָצָא֙ הַכֹּהֵ֔ן אֶל־מִח֖וּץ לַמַּֽחֲנֶ֑ה וְרָאָה֙ הַכֹּהֵ֔ן וְהִנֵּ֛ה נִרְפָּ֥א נֶֽגַע־הַצָּרַ֖עַת מִן־הַצָּרֽוּעַ:
outside the camp: [I.e.,] outside the three camps, [namely, a) the camp of the Shechinah , in which the sanctuary is situated, b) the Levite camp, and c) the camp of Israel, where the ordinary Israelites encamped], where he was sent during the time of his “definite” uncleanness. (See 13:46.) אל מחוץ למחנה: חוץ לשלש מחנות שנשתלח שם בימי חלוטו:
4Then the kohen shall order, and the person to be cleansed shall take two live, clean birds, a cedar stick, a strip of crimson [wool], and hyssop. דוְצִוָּה֙ הַכֹּהֵ֔ן וְלָקַ֧ח לַמִּטַּהֵ֛ר שְׁתֵּֽי־צִפֳּרִ֥ים חַיּ֖וֹת טְהֹר֑וֹת וְעֵ֣ץ אֶ֔רֶז וּשְׁנִ֥י תוֹלַ֖עַת וְאֵזֹֽב:
live [birds]: Heb., חַיּוֹת, excluding [birds] that have a fatal disease or injury. — [See Chul. 140a] חיות: פרט לטרפות:
clean [birds]: Excluding an unclean bird, [i.e., forbidden to be eaten] (see Chul. 140a). [Why are birds required for this cleansing rite?] Because lesions of tzara’ath come as a result of derogatory speech, which is done by chattering. Therefore, for his cleansing, this person is required to bring birds, which twitter constantly with chirping sounds. — [Arachin 16b] טהרות: פרט לעוף טמא. לפי שהנגעים באין על לשון הרע, שהוא מעשה פטפוטי דברים, לפיכך הוזקקו לטהרתו צפרים, שמפטפטין תמיד בצפצוף קול:
a cedar stick: Because lesions of tzara’ath come because of haughtiness [symbolized by the tall cedar]. — [Arachin 16a] ועץ ארז: לפי שהנגעים באין על גסות הרוח:
a strip of crimson [wool], and hyssop: What is the remedy that he may be healed [of his tzara’ath]? He must humble himself from his haughtiness, just as [symbolized by] the תּוֹלַעַת [lit., “a worm,” which infested the berries from which the crimson dye was extracted to color wool], and the [lowly] hyssop. — [Tanchuma 3] ושני תולעת ואזב: מה תקנתו ויתרפא, ישפיל עצמו מגאותו, כתולעת וכאזוב:
cedar stick: Heb. וְעֵץ אֶרֶז, a stick of cedar wood. — [Torath Kohanim 13:12] עץ ארז: מקל של ארז:
a strip of crimson [wool]: Heb. וּשְׁנִי תוֹלַעַת, a tongue-like strip of wool dyed crimson. — [Torath Kohanim 14:13] ושני תולעת: לשון של צמר צבוע זהורית:
5The kohen shall order, and one shall slaughter the one bird into an earthenware vessel, over spring water. הוְצִוָּה֙ הַכֹּהֵ֔ן וְשָׁחַ֖ט אֶת־הַצִּפּ֣וֹר הָֽאֶחָ֑ת אֶל־כְּלִי־חֶ֖רֶשׂ עַל־מַ֥יִם חַיִּֽים:
over spring water: He places [i.e., pours] it into the vessel first, in order that the blood of the bird should be recognizable in it. And how much [water is necessary]? A revi’ith [a quarter of a log]. — [Torath Kohanim 14:21; Sotah 16b] על מים חיים: נותן אותם תחלה בכלי, כדי שיהא דם צפור ניכר בהם. וכמה הם, רביעית:
6[As for] the live bird, he shall take it, and then the cedar stick, the strip of crimson [wool], and the hyssop, and, along with the live bird, he shall dip them into the blood of the slaughtered bird, over the spring water. ואֶת־הַצִּפֹּ֤ר הַֽחַיָּה֙ יִקַּ֣ח אֹתָ֔הּ וְאֶת־עֵ֥ץ הָאֶ֛רֶז וְאֶת־שְׁנִ֥י הַתּוֹלַ֖עַת וְאֶת־הָֽאֵזֹ֑ב וְטָבַ֨ל אוֹתָ֜ם וְאֵ֣ת | הַצִּפֹּ֣ר הַֽחַיָּ֗ה בְּדַם֙ הַצִּפֹּ֣ר הַשְּׁחֻטָ֔ה עַ֖ל הַמַּ֥יִם הַחַיִּֽים:
[As for] the live bird, he shall take it: [Scripture separates the taking of the bird from that of the other items.] This teaches [us] that he does not bind it with them, but separates it, by itself. The cedar stick and the hyssop, however, are bound together with the tongue-like strip of crimson wool, as the matter is stated, “and then the cedar stick, the strip of crimson [wool], and the hyssop,” i.e., one [act of] taking for the three of them. [I.e., the cedar stick and the hyssop are bound together with one end of the tongue of crimson wool, and the loose end is dipped into the blood together with them (Torath Kohanim 14:21). Now, one might think that since it [the bird] is not included in the binding, it is not to be included in the dipping [in the blood]. Therefore, Scripture says here, “and, along with the live bird, he shall dip them,” thereby, re-including the bird for the dipping. — [Torath Kohanim 14:24] את הצפר החיה יקח אתה: מלמד שאינו אוגדה עמהם, אלא מפרישה לעצמה, אבל העץ והאזוב כרוכים יחד בלשון הזהורית, כענין שנאמר ואת עץ הארז ואת שני התולעת ואת האזוב, קיחה אחת לשלשתן. יכול כשם שאינה בכלל אגודה כן לא תהא בכלל טבילה, תלמוד לומר וטבל אותם ואת הצפור החיה, החזיר את הצפור לכלל טבילה:
7He shall then sprinkle seven times upon the person being cleansed from tzara'ath, and he shall cleanse him. He shall then send away the live bird into the [open] field. זוְהִזָּ֗ה עַ֧ל הַמִּטַּהֵ֛ר מִן־הַצָּרַ֖עַת שֶׁ֣בַע פְּעָמִ֑ים וְטִ֣הֲר֔וֹ וְשִׁלַּ֛ח אֶת־הַצִּפֹּ֥ר הַֽחַיָּ֖ה עַל־פְּנֵ֥י הַשָּׂדֶֽה:
8The person being cleansed shall then immerse his garments, shave off all his hair, and immerse [himself] in water, and become clean. After this, he may enter the camp, but he shall remain outside his tent for seven days. חוְכִבֶּס֩ הַמִּטַּהֵ֨ר אֶת־בְּגָדָ֜יו וְגִלַּ֣ח אֶת־כָּל־שְׂעָר֗וֹ וְרָחַ֤ץ בַּמַּ֨יִם֙ וְטָהֵ֔ר וְאַחַ֖ר יָב֣וֹא אֶל־הַמַּֽחֲנֶ֑ה וְיָשַׁ֛ב מִח֥וּץ לְאָֽהֳל֖וֹ שִׁבְעַ֥ת יָמִֽים:
but he shall remain outside his tent [for seven days]: This teaches [us] that [during this period,] he is prohibited to have marital relations. — [Torath Kohanim 14:34; Mo’ed Katan 15b] וישב מחוץ לאהלו: מלמד שאסור בתשמיש המטה:
9And it shall be, on the seventh day, that he shall shave off all his hair: [that of] his head, his beard, his eyebrows; indeed, all his hair, he shall shave off. He shall then immerse his garments and immerse his flesh in water, thus becoming clean. טוְהָיָה֩ בַיּ֨וֹם הַשְּׁבִיעִ֜י יְגַלַּ֣ח אֶת־כָּל־שְׂעָר֗וֹ אֶת־רֹאשׁ֤וֹ וְאֶת־זְקָנוֹ֙ וְאֵת֙ גַּבֹּ֣ת עֵינָ֔יו וְאֶת־כָּל־שְׂעָר֖וֹ יְגַלֵּ֑חַ וְכִבֶּ֣ס אֶת־בְּגָדָ֗יו וְרָחַ֧ץ אֶת־בְּשָׂר֛וֹ בַּמַּ֖יִם וְטָהֵֽר:
all his hair…: [This is] a general statement, followed by a specific statement [namely, “that of his head, his beard, his eyebrows,”] followed, in turn, by another general statement [namely, “all his hair,]” to include [the shaving of] every place where hair grows in a bunch and is visible, [bearing a similarity to the hair of the head, the beard, and the eyebrows]. — [Sotah 16a] את כל שערו וגו': כלל ופרט וכלל. להביא כל מקום כנוס שער ונראה:
10And on the eighth day, he shall take two unblemished [male] lambs, one unblemished ewe lamb in its [first] year, three tenths [of an ephah] of fine flour mixed with [olive] oil as a meal offering, and one log of [olive] oil. יוּבַיּ֣וֹם הַשְּׁמִינִ֗י יִקַּ֤ח שְׁנֵֽי־כְבָשִׂים֙ תְּמִימִ֔ם וְכַבְשָׂ֥ה אַחַ֛ת בַּת־שְׁנָתָ֖הּ תְּמִימָ֑ה וּשְׁלשָׁ֣ה עֶשְׂרֹנִ֗ים סֹ֤לֶת מִנְחָה֙ בְּלוּלָ֣ה בַשֶּׁ֔מֶן וְלֹ֥ג אֶחָ֖ד שָֽׁמֶן:
one… ewe lamb: [One male lamb and one ewe lamb were to be sacrificed, one as a burnt offering and one as a sin-offering (see verse 19), although Scripture does not specify which animal was for which sacrifice. However, since a female animal is never brought as a burnt offering (see Lev. 1:3), it is obvious that this ewe lamb was to be sacrificed] as the sin-offering. וכבשה אחת: לחטאת:
three tenths [of an ephah of… flour]: for the libations [i.e., to accompany the libations] of these three lambs, for [unlike other sin-offerings and guilt-offerings,] the sin-offering and the guilt-offering of one stricken with tzara’ath require libations. — [Men. 91a] ושלשה עשרנים: לנסכי שלשה כבשים הללו, שחטאתו ואשמו של מצורע טעונין נסכים:
and one log of [olive] oil: to sprinkle on his behalf [Heb. עָלָיו, lit. on him, absent in all incunabula editions (Yosef Hallel)] seven times (see verse 16), and to place some of it on the cartilage of his ear, and for the applications on the thumb and big toe (see verses 16, 17). ולג אחד שמן: להזות עליו שבע וליתן ממנו על תנוך אזנו ומתן בהונות:
11And the kohen who is performing the cleansing shall place the person being cleansed [together] with these [things], before the Lord, at the entrance of the Tent of Meeting. יאוְהֶֽעֱמִ֞יד הַכֹּהֵ֣ן הַֽמְטַהֵ֗ר אֵ֛ת הָאִ֥ישׁ הַמִּטַּהֵ֖ר וְאֹתָ֑ם לִפְנֵ֣י יְהֹוָ֔ה פֶּ֖תַח אֹ֥הֶל מוֹעֵֽד:
before the Lord: [This expression usually means within the Temple courtyard. In this case, however, it means that he is to be placed] at The Nicanor gate, but not within the courtyard itself, since he is lacking atonement. [The Nicanor gate was at the eastern end of the courtyard, directly facing the Holy; thus, when standing inside the gateway, the person was placed “before the Lord” without entering the courtyard. For this purpose, the space under The Nicanor gate was left unsanctified.]- [Torath Kohanim 14:44; Sotah 7a] לפני ה': בשער נקנור, ולא בעזרה עצמה, לפי שהוא מחוסר כפורים:
12And the kohen shall take one [male] lamb and bring it as a guilt offering, along with the log of oil, and wave them as a waving before the Lord. יבוְלָקַ֨ח הַכֹּהֵ֜ן אֶת־הַכֶּ֣בֶשׂ הָֽאֶחָ֗ד וְהִקְרִ֥יב אֹת֛וֹ לְאָשָׁ֖ם וְאֶת־לֹ֣ג הַשָּׁ֑מֶן וְהֵנִ֥יף אֹתָ֛ם תְּנוּפָ֖ה לִפְנֵ֥י יְהֹוָֽה:
and bring it as a guilt-offering: He shall bring it inside the courtyard for the purpose of a guilt-offering, in order to wave it, for it requires waving [while it was still] alive. — [Men. 61a] והקריב אתו לאשם: יקריבנו לתוך העזרה לשם אשם:
in order to wave it: for it requires waving [while it was still] alive. — [Men. 61a] והניף: שהוא טעון תנופה חי:
and he shall wave them: i.e., the guilt-offering and the log. — [Men. 61a] והניף אתם: את האשם ואת הלוג:
Daily Tehillim: Chapters 10 - 17
• Hebrew text
• English text• Chapter 10
• Lessons in Tanya• English Text
• English text• Chapter 10
This psalm tells of the wicked one’s prosperity and his boasting of it, until he says: “There is neither law nor judge. God pays no attention to the actions of mere mortals.”
1. Why, O Lord, do You stand afar, do You hide Yourself in times of distress?
2. The wicked man in his arrogance pursues the poor; they are caught by the schemes they have contrived.
3. For the wicked man glories in the desire of his heart, and the robber boasts that he has scorned the Lord.
4. The wicked one in his insolence [thinks], “He does not avenge”; all his thoughts are, “There is no God.”
5. His ways always succeed; Your retribution is far removed from before him; he puffs at all his foes.
6. He says in his heart, “I shall not falter; for all generations no evil will befall me.”
7. His mouth is full of oaths, deceit and malice; mischief and iniquity are under his tongue.
8. He sits in ambush near open cities; in hidden places he murders the innocent; his eyes stealthily watch for the helpless.
9. He lurks in hiding like a lion in his lair; he lurks to seize the poor, then seizes the poor when he draws his net.
10. He crouches and stoops, then the helpless fall prey to his might.
11. He says in his heart, “God has forgotten, He conceals His countenance, He will never see.”
12. Arise, O Lord! O God, lift Your hand! Do not forget the lowly.
13. Why does the wicked man scorn God? Because he says in his heart, “You do not avenge.”
14. Indeed, You do see! For You behold the mischief and vexation. To recompense is in Your power; the helpless place their trust in You; You have [always] helped the orphan.
15. Break the strength of the wicked; then search for the wickedness of the evil one and You will not find it.
16. The Lord reigns for all eternity; the nations have vanished from His land.
17. Lord, You have heard the desire of the humble; direct their hearts, let Your ear listen,
18. to bring justice to the orphan and the downtrodden, so that [the wicked] shall no longer crush the frail of the earth.
Chapter 11
This psalm declares that the suffering of the righteous one is for his own benefit, to cleanse him of his sins; whereas the wicked one is granted prosperity in this world-similar to the verse, "Wealth remains with its owner, to his detriment."
1. For the Conductor, by David. I have placed my trust in the Lord; [thus] how can you say of my soul, your mountain,1 that it flees like a bird?2
2. For behold, the wicked bend the bow, they have readied their arrow upon the bowstring, to shoot in darkness at the upright of heart.
3. They destroyed the foundations; 3 what [wrong] has the righteous man done?
4. The Lord is in His holy Sanctuary, the Lord's throne is in heaven, [yet] His eyes behold, His pupils probe [the deeds of] mankind.
5. The Lord tests the righteous, but He hates the wicked and the lover of violence.
6. He will rain down upon the wicked fiery coals and brimstone; a scorching wind will be their allotted portion.
7. For the Lord is righteous, He loves [the man of] righteous deeds; the upright will behold His countenance.
FOOTNOTES
1.Your king (Metzudot).
2.And will eventually be captured by Saul (Metzudot).
3.Reffering to the murder of the priests in the city of Nob.
Chapter 12
This psalm admonishes informers, slanderers, and flatterers.
1. For the Conductor, upon the eight-stringed instrument, a psalm by David.
2. Help us, Lord, for the pious are no more; for the faithful have vanished from among men.
3. Men speak falsehood to one another; with flattering lips, with a duplicitous heart do they speak.
4. May the Lord cut off all flattering lips, the tongue that speaks boastfully-
5. those who have said, "With our tongues we shall prevail, our lips are with us, who is master over us!”
6. Because of the plundering of the poor, because of the moaning of the needy, the Lord says, "Now I will arise!" "I will grant deliverance," He says to him.
7. The words of the Lord are pure words, like silver refined in the finest earthen crucible, purified seven times.
8. May You, O Lord, watch over them; may You forever guard them from this generation,
9. [in which] the wicked walk on every side; when they are exalted it is a disgrace to mankind.
Chapter 13
A prayer for an end to the long exile. One in distress should offer this prayer for his troubles and for the length of the exile.
1. For the Conductor, a psalm by David.
2. How long, O Lord, will You forget me, forever? How long will You hide Your countenance from me?
3. How long must I seek counsel within my soul, [to escape] the grief in my heart all day? How long will my enemy be exalted over me?
4. Look! Answer me, O Lord, my God; give light to my eyes, lest I sleep the sleep of death.
5. Lest my enemy say, "I have overcome him," [and] my oppressors rejoice when I falter.
6. I have placed my trust in Your kindness, my heart will rejoice in Your deliverance. I will sing to the Lord, for He has dealt kindly with me.
Chapter 14
This psalm speaks of the destruction of the two Holy Temples-the first by Nebuchadnezzar, and the second by Titus.
1. For the Conductor, by David. The fool says in his heart, "There is no God!" [Man's] deeds have become corrupt and abominable, no one does good.
2. The Lord looked down from heaven upon mankind, to see if there was any wise man who searches for God.
3. They have all gone astray together, they have become corrupt; there is none who does good, not even one.
4. Indeed, all the evildoers, who devour My people as they devour bread, who do not call upon the Lord, will [ultimately] come to know [the consequences of their actions].
5. There they will be seized with fright, for God is with the righteous generation.
6. You scorn the counsel of the lowly, that he puts his trust in the Lord.
7. O that out of Zion would come Israel's deliverance! When the Lord returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 15
This psalm speaks of several virtues and attributes with which one should conduct oneself. He is then assured that his soul will rest in Gan Eden.
1. A psalm by David. Who may abide in Your tent, O Lord? Who may dwell on Your holy Mountain?
2. He who walks blamelessly, acts justly, and speaks truth in his heart;
3. who has no slander on his tongue, who has done his fellowman no evil, and who has brought no disgrace upon his relative;
4. in whose eyes a despicable person is abhorrent, but who honors those who are God-fearing; who does not change his oath even if it is to his own detriment;
5. who does not lend his money at interest, nor accept a bribe against the innocent. He who does these things shall never falter.
Chapter 16
When one is in need, he should not implore God in his own merit, for he must leave his merits for his children.
1. A michtam,1 by David. Watch over me, O God, for I have put my trust in You.
2. You, [my soul,] have said to God, "You are my Master; You are not obligated to benefit me.”
3. For the sake of the holy ones who lie in the earth, and for the mighty-all my desires are fulfilled in their merit.
4. Those who hasten after other [gods], their sorrows shall increase; I will not offer their libations of blood, nor take their names upon my lips.
5. The Lord is my allotted portion and my share; You guide my destiny.
6. Portions have fallen to me in pleasant places; indeed, a beautiful inheritance is mine.
7. I bless the Lord Who has advised me; even in the nights my intellect admonishes me.2
8. I have set the Lord before me at all times; because He is at my right hand, I shall not falter.
9. Therefore my heart rejoices and my soul exults; my flesh, too, rests secure.
10. For You will not abandon my soul to the grave, You will not allow Your pious one to see purgatory.
11. Make known to me the path of life, that I may be satiated with the joy of Your presence, with the bliss of Your right hand forever.
FOOTNOTES
1.A psalm that was especially precious to David
2.To fear and love God (Rashi)
Chapter 17
A loftily person should not ask God to test him with some sinful matter, or other things. If one has sinned, he should see to reform himself, and to save many others from sin.
1. A prayer by David. Hear my sincere [plea], O Lord; listen to my cry; give ear to my prayer, expressed by guileless lips.
2. Let my verdict come forth from before You; let Your eyes behold uprightness.
3. You have probed my heart, examined it in the night, tested me and found nothing; no evil thought crossed my mind; as are my words so are my thoughts.
4. So that [my] human deeds conform with the words of Your lips, I guard myself from the paths of the lawbreakers.
5. Support my steps in Your paths, so that my feet shall not falter.
6. I have called upon You, for You, O Lord, will answer me; incline Your ear to me, hear what I say.
7. Withhold Your kindness-O You who delivers with Your right hand those who put their trust in You-from those who rise up against [You].
8. Guard me like the apple of the eye; hide me in the shadow of Your wings
9. from the wicked who despoil me, [from] my mortal enemies who surround me.
10. Their fat has closed [their hearts]; their mouths speak arrogantly.
11. They encircle our footsteps; they set their eyes to make us stray from the earth.
12. His appearance is like a lion longing to devour, like a young lion lurking in hiding.
13. Arise, O Lord! Confront him, bring him to his knees; rescue my soul from the wicked [who serves as] Your sword.
14. Let me be among those whose death is by Your hand, O Lord, among those who die of old age, whose portion is eternal life and whose innards are filled with Your concealed goodness; who are sated with sons and leave their abundance to their offspring.
15. Because of my righteousness, I shall behold Your countenance; in the time of resurrection, I will be sated by Your image.
Tanya: Likutei Amarim, middle of Chapter 39• Lessons in Tanya• English Text
• Sunday, Nissan 2, 5776 · April 10, 2016
• Likutei Amarim, middle of Chapter 39
• Having discussed the various “abodes” of souls — three Worlds in which the souls receive a reward commensurate with the level of their divine service during their life on earth — the Alter Rebbe now returns to the theme begun in ch. 38. There he noted that kavanah in mitzvot (which is the “soul” of the mitzvot) can be classified into various categories, corresponding to the different levels of soul found in living beings — the souls of animals, of man, and so on. A kavanah which consists of intellectual love and fear is like the volitional soul of man; a kavanah consisting of natural love and fear, like the instinctive soul of an animal.
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Sunday, Nissan 2, 5776 · April 10, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 223
Harvesting Fields during the Sabbatical Year
"Nor shall you gather the grapes of the un-pruned vine"—Leviticus 25:5.
It is forbidden to harvest – in normal fashion – the fruit of the Shemitah (Sabbatical) Year. One may only harvest it as if it was ownerless, i.e. without extensive preparation or arrangement, and not in bulk.
Full text of this Mitzvah »• Harvesting Fields during the Sabbatical Year
Rendering Fields Ownerless during the Sabbatical Year
"But [during] the seventh year you shall let it rest and abandon it"—Exodus 23:11.
We are commanded to render ownerless all that the land produces during the Shemitah (Sabbatical) Year, making all the fields' output free for all to take.
This mitzvah, according to biblical law, applies only to the produce of the Land of Israel.
Full text of this Mitzvah »• Rendering Fields Ownerless during the Sabbatical Year
Forgoing Loans on the Sabbatical Year
"But if you have any claim against your brother, you must relinquish it"—Deuteronomy 15:3.
During the Shemitah (Sabbatical) Year, we are commanded to cancel any debts owed to us [by fellow Jews].
Biblically, this mitzvah only applies when the Jubilee laws regulating agricultural are in effect (see The Jubilee Year).
Full text of this Mitzvah »• Forgoing Loans on the Sabbatical Year
Collecting Debts following the Sabbatical Year
"Every creditor that lends anything to his neighbor shall release it"—Deuteronomy 15:2.
We are forbidden from demanding payment of a debt once the Shemitah (Sabbatical) Year has passed. Rather, all debts must be cancelled.
This biblical prohibition applies only in the Land of Israel, and only when the Jubilee laws regulating agricultural are in effect (see The Jubilee Year). The Sages, however, extended this prohibition to apply to all locations and all times.
Full text of this Mitzvah »• Collecting Debts following the Sabbatical Year
Refusing to Lend Money in Anticipation of the Sabbatical Year
"Beware lest there be an [unworthy thought in your heart...]"—Deuteronomy 15:9.
It is forbidden to refuse to lend money to another before the advent of the Shemitah (Sabbatical) Year, for fear that the debt will be cancelled.
Full text of this Mitzvah »
To support this contention, he discussed the various levels of “abodes” where souls receive their reward commensurate with their divine service on earth.
Returning now to his original theme, the Alter Rebbe points out that from the varying levels of reward, we can deduce the respective levels of divine service motivated by the different levels of kavanah.
והנה שכר מצוה מצוה
“The reward of a mitzvah is the mitzvah itself.”
Unlike wages paid to a laborer, for example, which are no index of the nature of the work performed, the reward for amitzvah — i.e., the revelation of G‑dliness experienced by the soul that performed the mitzvah — is actually the fruit of themitzvah itself; the revelation consists of a ray of the G‑dly light emitted by the mitzvah.
פירושו, שמשכרה נדע מהותה ומדרגתה
This means that we can know the essential nature and rank [of the mitzvah] by its reward (by the nature of the light generated by the mitzvah, and revealed to the soul as its reward).
ואין לנו עסק בנסתרות
Now, we will not concern ourselves with explaining hidden matters,
שהם צדיקים הגדולים שהם בבחינת מרכבה
meaning the great tzaddikim who are at the level of a “chariot”, whose divine service comes under the heading of “hidden matters” because it transcends understanding,
רק הנגלות לנו, שאחריהם כל אדם ימשוך
but only with those matters revealed to us, to which every man must aspire i.e., only with those levels of divine service which may — and ought to — be attained by every Jew; as follows:
לידע נאמנה מהות ומדרגת עבודת ה׳ בדחילו ורחימו בהתגלות לבו
One must know with certainty that the essential nature and rank of divine service with fear and love revealed in the heart,
הנמשכות מן הבינה ודעת בגדולת אין סוף ברוך הוא
derived from understanding and knowledge of the greatness of the Blessed Ein Sof, and of which it was said earlier that the reward for divine service motivated by such love and fear is on the level of the World of Beriah, —
מקומה בי׳ ספירות דבריאה
from this reward we know that its place i.e., the level of such service — of mitzvot performed with such motivation, is in the Ten Sefirot of Beriah;
ועבודה בדחילו ורחימו הטבעיים שבמוחו
and the service motivated by natural fear and love hidden in one’s mind (not emotions experienced in the heart, but mental awareness of one’s inborn love and fear of G‑d), of which it was said earlier that such service is rewarded in the World of Yetzirah, —
בי׳ ספירות דיצירה
from this reward we know that its place is in the Ten Sefirot of Yetzirah.
אבל עבודה בלי התעוררות דחילו ורחימו, אפילו במוחו בבחינת גילוי
But divine service performed without arousing one’s fear and love to a revealed state even in one’s mind,
דהיינו לעורר האהבה הטבעית המסותרת בלב, להוציאה מההעלם והסתר הלב
meaning that the service is done without arousing the natural love hidden in one’s heart so that it will emerge from the hidden recesses of the heart,
אל הגילוי אפילו במוחו ותעלומות לבו על כל פנים
to be revealed at least in one’s conscious mind and in the latency of his heart, so that it might evoke (if not passionate fervor, then at least) a mental resolve to cleave to G‑d by fulfilling the mitzvot;
רק היא נשארת מסותרת בלב כתולדתה, כמו שהיתה קודם העבודה
if instead, the love remains hidden in the heart as in its native state, as it was before the divine servicewhen it was surely concealed, not expressing itself in divine service; if the love is similarly hidden when he engages in divine service, and the mitzvot that he does are in no way affected by the love, then —
הרי עבודה זו נשארת למטה, בעולם הפירוד, הנקרא חיצוניות העולמות
such service remains below in this “World of Separation,”1 in the level called the externality of the worlds2(as opposed to the Sefirot which are the internal aspect of the Worlds);
ואין בה כח לעלות וליכלל ביחודו יתברך, שהן עשר ספירות הקדושות
it has not the power to rise and to be absorbed in G‑d’s Unity, meaning the ten holy Sefirot,
וכמו שכתוב בתקונים, דבלא דחילו ורחימו לא פרחא לעילא, ולא יכלא לסלקא ולמיקם קדם ה׳
as is written in Tikkunei Zohar, that “Without fear and love it does not fly upward, and it cannot rise to stand before G‑d.”
As explained at length further, love and fear are the “wings” of one’s divine service; lacking the wings, it cannot soar aloft.
| FOOTNOTES | |
| 1. | Note of the Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, “See further, beginning of ch. 40: it may also be in the World of Yetzirah. This requires to be understood since the Alter Rebbe says here, ‘remains below.’ See alsoKuntres Acharon.” |
| 2. | The Rebbe notes: “Accordingly, the word ‘Worlds’ — in the plural — is now understood, [referring to the Worlds of] Asiyahand Yetzirah.” |
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Sunday, Nissan 2, 5776 · April 10, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 223
Harvesting Fields during the Sabbatical Year
"Nor shall you gather the grapes of the un-pruned vine"—Leviticus 25:5.
It is forbidden to harvest – in normal fashion – the fruit of the Shemitah (Sabbatical) Year. One may only harvest it as if it was ownerless, i.e. without extensive preparation or arrangement, and not in bulk.
Full text of this Mitzvah »• Harvesting Fields during the Sabbatical Year
Negative Commandment 223
Translated by Berel Bell
The 223rd prohibition is that we are forbidden from gathering in the normal manner fruit which trees produce during shemittah. We must make a change in order to demonstrate that it is considered ownerless [rather than the owner's personal property].
The source of this prohibition is G‑d's statement,1 "Do not gather the grapes on your unpruned vines."
Our Sages2 explain: "You may not gather them as gatherers do normally." Based on this principle, they said: "Figs which grew during shemittah may not be cut with the normal fig-knife, only with a regular knife. Grapes may not be crushed in a wine-press, only in a trough. Olives may not be prepared in a bad or a kutbi, but they may be crushed and placed in a bodeidah.3
The details of this mitzvah and the one which precedes it are explained in tractate Sh'vi'is.
FOOTNOTES
1.Lev. 25:5.
2.Sifra, Behar 1:3. Sh'vi'is 8:6.
3.A bodeidah is a small olive-press, whereas the bad and kutbi are larger and therefore regularly used. Regarding these objects and the others mentioned above, see Bartenura, Sh'vi'is 8:6.
Positive Commandment 134Rendering Fields Ownerless during the Sabbatical Year
"But [during] the seventh year you shall let it rest and abandon it"—Exodus 23:11.
We are commanded to render ownerless all that the land produces during the Shemitah (Sabbatical) Year, making all the fields' output free for all to take.
This mitzvah, according to biblical law, applies only to the produce of the Land of Israel.
Full text of this Mitzvah »• Rendering Fields Ownerless during the Sabbatical Year
Positive Commandment 134
Translated by Berel Bell
The 134th mitzvah is that we are commanded to disown everything which the land produces during the shemittah year; to release everything which grows on our property for the use of any living creature.
The source of this commandment is G‑d's statement,1 "During the seventh year, you must let it be public and withdraw from it."
The Mechilta [D'Rashbi] says: "Grapes and olives were already included [in the general command]. Why were they singled out? To make a comparison — just as grapes, which are covered by the positive commandment, also have a prohibition, so too everything covered by the positive commandment also has a prohibition."
I will explain the meaning of this statement. The verse, "During the seventh year, you must let it be public and withdraw from it" includes the release of everything which grows during shemittah: grapes, figs, peaches, pomegranates, wheat, barley, etc. Therefore the release of all produce is a positive commandment. Afterwards, the verse continues, "This also applies to your vineyard and your olive grove." But they were already included in this commandment, which covered everything which grows from the ground! [Our Sages therefore explain that] grapes and olives are mentioned separately because there is a special verse2 which explicitly creates a prohibition on grapes: "Do not gather the grapes on your unpruned vines." [The comparison therefore teaches us that] just as releasing grapes is a positive commandment, and holding them is a prohibition, so too anything which grows during shemittah — which, as explained above, there is a positive commandment to release — there is a prohibition to hold. Therefore the law regarding olives is identical to that regarding grapes — there is a positive commandment and a prohibition; and other types of produce have the same law as olives.
From the above discussion it is clear that the release of produce which grows during shemittah counts as a positive commandment.
The details of this mitzvah are explained in tractate Sh'vi'is. It is a Biblical commandment only for produce of Eretz Yisrael.3
FOOTNOTES
1.Ex. 23:11.
2.Lev. 25:5.
3.Outside Eretz Yisrael it is obligatory by Rabbinic decree.
Positive Commandment 141Forgoing Loans on the Sabbatical Year
"But if you have any claim against your brother, you must relinquish it"—Deuteronomy 15:3.
During the Shemitah (Sabbatical) Year, we are commanded to cancel any debts owed to us [by fellow Jews].
Biblically, this mitzvah only applies when the Jubilee laws regulating agricultural are in effect (see The Jubilee Year).
Full text of this Mitzvah »• Forgoing Loans on the Sabbatical Year
Positive Commandment 141
Translated by Berel Bell
The 141st mitzvah is that we are commanded to cancel during the shemittah year all debts that we are owed.
The source of this commandment is G‑d's statement,1 "If you have any claim against your brother for a debt, you must relinquish it." This commandment is repeated in the verse,2 "The idea of the shemittah year is that every creditor shall remit any debt [owed by his neighbor]."
The Tosefta says: "Scripture speaks of two types of shemittah (release) — one regarding land and one regarding money."
The mitzvah of releasing debts is only a Biblical commandment when the mitzvah of shemittah of the land is in effect — at which time it applies everywhere.3
The details of this mitzvah are explained in the last chapter of tractate Sh'vi'is.
FOOTNOTES
1.Deut. 15:3.
2.Ibid. 15:2.
3.Not only in Eretz Yisrael.
Negative Commandment 230Collecting Debts following the Sabbatical Year
"Every creditor that lends anything to his neighbor shall release it"—Deuteronomy 15:2.
We are forbidden from demanding payment of a debt once the Shemitah (Sabbatical) Year has passed. Rather, all debts must be cancelled.
This biblical prohibition applies only in the Land of Israel, and only when the Jubilee laws regulating agricultural are in effect (see The Jubilee Year). The Sages, however, extended this prohibition to apply to all locations and all times.
Full text of this Mitzvah »• Collecting Debts following the Sabbatical Year
Negative Commandment 230
Translated by Berel Bell
The 230th prohibition is that we are forbidden from collecting debts in the shemittah year; they must be completely released.
The source of this prohibition is G‑d's statement,1 "Every creditor shall remit any debt owed by his neighbor. He may not collect from his neighbor or his brother."
This is a Biblical commandment only in Eretz Yisrael when the mitzvah of shemittah of the land — i.e. the jubilee year — is in effect. However, there is a Rabbinic prohibition in effect at all times and in all places. Therefore, one may not collect a debt once the shemittah year has passed; it must be released.
The details of this mitzvah are explained in the end of tractate Sh'vi'is.
FOOTNOTES
1.Ibid.
Negative Commandment 231Refusing to Lend Money in Anticipation of the Sabbatical Year
"Beware lest there be an [unworthy thought in your heart...]"—Deuteronomy 15:9.
It is forbidden to refuse to lend money to another before the advent of the Shemitah (Sabbatical) Year, for fear that the debt will be cancelled.
Full text of this Mitzvah »
• Refusing to Lend Money in Anticipation of the Sabbatical Year
Negative Commandment 231
Translated by Berel Bell
Negative Commandment 232
The 231st prohibition is that we are forbidden from not lending money to one another with the intention of avoiding its release in the shemittah year.
The Torah prohibited us from having this concern in the verse,1 "Be very careful lest you...[say to yourself, 'the seventh year is approaching, and it will be the shemittah year.']"
The Sifri says: "The expressions 'hishomer' ("be very careful") and 'pen yi'hiyeh' ("lest") indicate prohibitions." This means that the usage of both expressions regarding this mitzvah gives added emphasis.
FOOTNOTES
1.Ibid. 15:9.
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Halacha 1
13It is a positive commandment to offer the guilt-offerings1 according to its statutes as they are written in the Torah. How are the guilt-offerings brought? Both the definite guilt offerings2 and the conditional guilt-offerings3 should be slaughtered and their blood should be sprinkled on the altar, as we explained.4They are skinned,5 the portions offered on the altar6 are removed, salted,7 and tossed on [the altar's] pyre. If one desires to carry [these portions] to the altar in a [sacred] utensil, he may. The remainder of the meat is eaten by males of the priestly family according to [the laws that govern the consumption of] sin-offering.8
Halacha 2
There is a difference with regard to [the laws governing] the acceptance of the blood of the guilt offering brought by a person who had been afflicted withtzara'at,9 as will be explained in Hilchot Mechusrei Kapparah.10 Nevertheless, all of its other procedures, the sprinkling of its blood on the altar, and its consumption are analogous to that required for other guilt-offerings in all regards.11
Halacha 3
Halacha 4
What is the procedure for bringing the communal peace offerings? [The sacrificial lambs] should be slaughtered and their blood should be sprinkled on the altar, as we explained.15 They are skinned,16 the portions offered on the altar17 are removed, salted,18 and brought to be consumed by [the altar's] pyre. The remainder [of the meat] is eaten by males of the priestly family according to [the laws that govern the consumption of] sin-offering and a guilt-offering, for these [sacrifices] are also sacrifices of the most sacred order, as we explained.19
Halacha 5
There are three types of individual peace-offerings:
a) a peace-offering that is brought without bread, e.g., the festive peace-offering20 or the peace-offering of celebration,21 they are called peace-offerings;
b) peace-offerings brought with bread because of a vow or a pleadge;22 these are called thanksgiving offerings and the bread is called the bread of the thanksgiving offering;
c) the peace-offering brought by a nazirite on the day he completes his nazirite vow; this offering is accompanied by bread and is called the nazirite's ram.23
Halacha 6
What is procedure for bringing these three [types of offerings]? [The sacrificial animals] should be slaughtered and their blood should be sprinkled on the altar, as we explained.24 They are skinned25 and the portions offered on the altar26 are removed. Afterwards, the meat is cut up and the breast and the right thigh are set aside.27 The portions to be offered together with the breast and the thigh are placed on the hands of the owners. A priest places his hands below the hands of the owner and performs tenufah28 with all these items "before God," to the east [of the Altar].29 Whenever there is a requirement for tenufah, it is performed to the east [of the Altar].
Halacha 7
How is tenufah performed? [The items] are taken [to each of the directions]30and returned, lifted up and brought low.31 If the sacrifice was a thanksgiving offering, one should be taken one from each [of the four] groups of ten breads that are brought with it32 and place it together with the breast, the thigh, and the portions offered on the altar. Tenufah should be performed with all of these items upon the owner's hands, as explained.33
Halacha 8
How are they placed on the owner's hands? The fats are placed on the owner's hands with the breast and the thigh above them. The two kidneys and the lobe of the liver are placed above them and if [the offering includes] bread, it is placed above them34and tenufah is performed with all these items.
Halacha 9
If the sacrifice was a nazirite's ram, [the priest] should remove the portions to be offered on the altar, set aside the breast and the thigh, and cook the remainder of the ram in the Women's Courtyard.35 The priest takes the cooked foreleg from the ram36 and one from each [of the two] groups of ten breads that are brought with it,37 together with the breast, the thigh, and the portions offered on the altar and places everything on the nazirite's hands. The priest places his hands under the owner's hands and moves all [items] as we described.38
Halacha 10
What is meant by the breast? The portion [of the animal's body] that faces the ground that extends from the neck until the belly. Two ribs on either side should be cut off [and given to the priest] together with it. What is meant by the foreleg? The portion from the upper-joint until the ankle joint; two limbs, one connected with the other.39 The foreleg that is mentioned refers to the right foreleg. The corresponding portion in the rear leg is the thigh that is referred to universally.
Halacha 11
After tenufah is performed with [these portions], they are offered on the pyre of the altar except for the breast and the thigh that are eaten by the priests,40as [Leviticus 7:34] states: "but the breast with which tenufah was performed and the thigh that was lifted up...." The remainder of the peace-offerings are consumed by the owner.41 The priests do not acquire the breast and the thigh until after the portions to be offered on the altar were placed on its pyre.42
Halacha 12
Similarly, the bread with which tenufah was performed from the thanksgiving offering and the nazirite's ram and the cooked foreleg are eaten by the priests. The remainder of the bread and the remainder of the meat are eaten by the owner. The bread with which tenufah was performed together with the breast and the thigh is referred to43 as "the elevated portion from the thanksgiving offering." The cooked foreleg together with the breast and the thigh and the bread with which tenufah was performed are referred to as "the elevated portion from the nazirite's ram."
Halacha 13
There is an unresolved doubt whether the bread from the elevated portion of the thanksgiving offering44 is categorized as terumah or not.45 Therefore one is not liable for death,46 nor to repay an additional fifth, [as one is when partaking of] terumah. Nor is a mixture of it subject to the laws of dimua47 as is a mixture of terumah.48
Halacha 14
If the person bringing the thanksgiving offering was a priest, the remainder of the bread may be eaten by the owner like a thanksgiving offering brought by an Israelite. For the bread that accompanies a thanksgiving offering or a nazrite's ram is not called a meal offering.49
Halacha 15
Halacha 16
When a woman is the one bringing a sacrifice, she does not perform tenufahwith it. The priest must perform that rite,52 for the sacrifice requires thattenufah be performed with it and a woman is unacceptable to perform that rite. A woman never performs tenufah except in two instances: a sotah53and a female nazirite, as we explained.54 Tenufah should always be performed before [the elements of the sacrifice] are brought close to the altar.55
Halacha 17
What is meant by the bread that is brought together with the thanksgiving offering? One should take 20 isaronim56 of fine flour. He should make tenisaronim leavened and ten unleavened. The ten that are made leaven should be made into ten loaves.
Halacha 18
How are they made leavened? He should bring enough yeast to cause the dough to leaven and place it in the measure of an isaron. He then fills the measure. Even though ultimately, [the measure] will be lacking or excessive because of the yeast,57 for at times [the yeast] will be thick and hard58 and at times it will be soft [and inflated],59 we are concerned only with its measure at the present time. Hence he should measure full isaronim.
From the ten isaronim for the unleavened bread, he should make 30 loaves of the same size, ten of each [of the following three] types: ten loaves baked in an oven, ten loaves of flat-cakes, and ten loaves of fried cakes.60
Halacha 19
How are the fried cakes prepared? [The cakes] should be scalded with boiling water.61 Then they should be baked slightly and then fried in oil in a roasting pot or the like, like doughnuts and fried. A large amount of oil is used for them. This is the deepfrying process mentioned in all places.
Halacha 20
Halacha 21
With regard to the loaves [that are baked]: their flour should saturate in the eighth [of a log]. Afterwards, they should be kneaded and baked. The oil should be poured over the wafers after they have been baked.
The priest takes four loaves from the entire [mixture], one of each type, as [Leviticus 7:14] states: "One from each [type], a sacrifice."
Halacha 22
When one made [only] four loaves for the bread for the thanksgiving offering, he has fulfilled his obligation. [The Torah] mentions 40 only as [the optimum way of fulfilling] the mitzvah. [This applies] provided he separates a challahfrom each of the types of sacrifices while they are still dough.65 For a piece of bread may not be separated [as a sacrificial portion].66 [This is implied by the prooftext:] "One from each [type], a sacrifice," that the priest should not receive a portion.
Halacha 23
What is meant by the bread that is brought together with the nazirite's ram? He should take six and two thirds isaronim of flour and make 20 equal sized loaves from them. They must all be unleavened bread.67 Ten should be wafers with oil poured over them and ten loaves whose flour was saturated in oil. The entire amount should be baked in an oven. A fourth [of a log] of oil is used for them.68 This measure is a halachah communicated to Moses at Sinai. The priest takes two of the loaves, one from each type.69
Halacha 24
Halacha 25
How are the firstborn, tithe, and Paschal sacrifices offered? After their blood is poured on the altar as we explained,72 they are skinned, the portions offered on the altar are removed,73 salted, and placed on [the altar's] pyre.74 The remainder of the meat of the firstborn offering is eaten by the priests. The remainder of the meat of the tithe sacrifice is eaten by the owner. The remainder of the meat of the Paschal sacrifice is eaten by those enumerated upon it according to its laws, as will be explained in Hilchot [Korban] Pesach.
FOOTNOTES
1.
Sefer HaMitzvot (positive commandment 65) and Sefer HaChinuch (mitzvah 140) include this as one of the 613 mitzvot of the Torah.
2.
See Hilchot Shegagot, Chapter 9, for a description of the transgressions for which these sacrifices are brought.
3.
See Hilchot Shegagot, Chapter 8, for a description of the situations which warrant bringing these sacrifices.
4.
See Chapter 5, Halachah 2, with regard to slaughter, and Halachah 6 of that chapter with regard to sprinkling the blood on the altar.
5.
As stated in Chapter 5, Halachah 18.
6.
The fats, the lobe of liver, and the kidneys described in Leviticus 7:3-4.
7.
For every element of a sacrifice offered on the altar must be salted (Hilchot Issurei Mizbeiach 5:11).
8.
For Leviticus 7:7 establishes an equation between the guilt-offering and the sin-offering. See also Chapter 10, Halachah 3.
9.
A skin affliction similar to, but not identical with leprosy, that afflicts people, their clothes, and their homes because of spiritual inadequacies, in particular speaking lashon hara, uncomplimentary gossip (the conclusion of Hilchot Tuma'at Tzara'at).
10.
Hilchot Mechusrei Kapparah 4:2.
11.
This sacrifice is given as an example of one of the Thirteen Principles of Biblical Exegesis taught by Rabbi Yishmael (Sifra 1:4), It describes an entity (the guilt offering brought by a person afflicted by tzara'at) that was once included in a general category (all guilt offerings), was singled out with regard to a new stipulation (that its blood be received in a different manner). Hence the laws that apply to that general category apply to it only because there is an explicit verse (Leviticus 14:13) that returns it to the general category.
12.
Sefer HaMitzvot (positive commandment 66) and Sefer HaChinuch (mitzvah 141) include this as one of the 613 mitzvot of the Torah.
13.
The two lambs offered on Shavuot (Leviticus 23:19).
14.
The Radbaz emphasizes that there is a difference between peace-offerings and other sacrifices. Most of the peace-offerings are brought voluntarily, while most of the other offerings are brought due to an obligation.
15.
See Chapter 5, Halachah 2, with regard to slaughter, and Halachah 6 of that chapter with regard to sprinkling the blood on the altar.
16.
As stated in Chapter 5, Halachah 18.
17.
The fats, the lobe of liver, and the kidneys described in Leviticus 7:3-4.
18.
For every element of a sacrifice offered on the altar must be salted (Hilchot Issurei Mizbeiach 5:11).
19.
Chapter 1, Halachah 17; Chapter 5, Halachah 3.
20.
Brought when making the festive pilgrimages (Hilchot Chagigah 1:1).
21.
Additional peace-offerings brought at the time of the festive pilgrimages (ibid.).
22.
The term "vow" refers to a promise to bring a sacrifice. The term "pledge" refers to a promise to bring a particular animal as a sacrifice (Hilchot Nedarim 1:2).
23.
See Hilchot Nizirut 8:1.
24.
See Chapter 5, Halachah 2, with regard to slaughter, and Halachah 6 of that chapter with regard to sprinkling the blood on the altar.
25.
As stated in Chapter 5, Halachah 18.
26.
The fats, the lobe of liver, and the kidneys described in Leviticus 7:3-4.
27.
Ultimately, they will be given to the priests as stated in Halachah 12.
28.
As explained in the following halachah.
29.
Our translation is based on Rashi, Menachot61a. In his Commentary to the Mishnah (Menachot 5:6), the Rambam writes: "With regard to the guilt-offering brought by a person afflicted with tzara'at..., it is written (Leviticus 14:12): 'And tenufah should be performed with them before God.' A tradition has been received interpreting 'before God' as meaning 'in the east.'
Rashi (loc. cit.) interprets this to mean that even the area to the east of the altar is considered as "before God," but the area to the west certainly warrants that description. The Rambam does not accept this understanding. His interpretation is question by the Kessef Mishneh and others, for the Holy of Holies was to the west of the altar. Seemingly, the closer one comes to it, the more one is "before God."
30.
The bracketed addition is based on the Rambam's Commentary to the Mishnah (Menachot 5:5). This is also the perspective of Rashi (Menachot 62a) based on our Sages' statements that this action is intended to prevent destructive winds.
31.
This is intended to prevent harmful dews (ibid.).
32.
See Halachot 17-22 for a description of the breads which would accompany the thanksgiving offering.
33.
In the previous halachah.
34.
In this way, the bread will not be spoiled through excessive contact with the meat (Radbaz). In his gloss (based on Menachot61b), he cites exegetical reasons why the other items are placed in the order mentioned.
35.
More particularly, as mentioned in Hilchot Beit HaBechirah 5:8, there was a chamber in the southeast portion of the Women's Courtyard set aside for this purpose.
36.
As commanded by Numbers 6:19. The Radbaz explains that it would appear that the foreleg would be placed above the other portions of the sacrifice, but below the bread.
37.
See Halachah 23.
38.
In the previous two halachot.
39.
An animal's foreleg is comprised of three bones. According to the Rambam, the lower two are given to the priest. See the Rambam's Commentary to the Mishnah (Chulin 10:4). Others maintain the upper two should be given to the priest.
40.
See Chapter 10, Halachah 4.
41.
And any - both male and female - with whom he desires to share the meat.
42.
Pesachim 59b derives this law from the order in which the concepts are stated in the Torah. Similarly, the owner may not partake of his portion until that time (Hilchot Pesulei HaMukdashim 18:7).
43.
See Hilchot Ma'achalot Assurot 15:21;Hilchot Bikkurim 1:15.
44.
There is, however, no such doubt with regard to the elevated portion of the nazirite's ram (Radbaz).
45.
For Leviticus 7:14 uses the word terumahwhen describing this offering. Nevertheless, since we find exclusions with regard to penalties associated with terumah in other verses, it is possible that they do not apply with regard to these breads. Accordingly,Menachot 77b leaves the matter unresolved.
46.
Hilchot Terumot 6:6.
47.
As stated in Hilchot Terumot 13:1-2, in such an instance, one hundred times the amount of terumah is required before the mixture is permitted.
48.
The Radbaz and the Kessef Mishneh note that if these breads become mixed with ordinary breads, seemingly, there is a question whether a Scriptural prohibition applies and one should rule stringently. They explain that as long as there is a majority of permitted substances, the Scriptural prohibition is considered as nullified and the prohibition is only Rabbinic in origin (seeHilchot Ma'achalot Assurot 15:13). This also applies with regard to a mixture of terumah(Hilchot Terumot 14:7). Accordingly, in this instance, since it is possible that the laws ofterumah are not applied to these breads, we do not impose the Rabbinic prohibition.
49.
As will be stated (Chapter 12, Halachah 9), in contrast to the meal offerings brought by Israelites, meal offerings brought by the priests are consumed entirely by the altar's pyre. Hence, the Rambam felt it necessary to clarify that these breads are not in that category.
50.
If the two partners would perform tenufaheach one holding part of the items, neither would be performing the rite as required. If one put his hand below the hand of the other one, there would be an interposition between that person's hand and the sacrificial items. And it is also impossible for them to performtenufah, one after the other, because the Torah speaks about tenufah, using the singular, and not tenufot, using the plural (Menachot 94a).
51.
That rite must be performed by each of the partners individually (Chapter 3, Halachah 9).
52.
The Radbaz suggests that if she is married, her husband should perform this rite on her behalf.
53.
A woman suspected of adultery who is required to bring an offering as part of her process of atonement.
54.
Hilchot Sotah 3:15; Hilchot Nizirut 8:4.
55.
Menachot 61a derives this concept fromNumbers 5:25 which speaks of tenufahbeing performed with a sotah's offering and then of it being brought to the altar.
56.
An isaron is defined as a measure equivalent to the volume of 43 and 1/5 eggs.
57.
I.e., the space intended for the flour will be taken by the yeast.
58.
And thus take up only a small amount of space.
59.
And thus take up a lot of space.
60.
In his Commentary to the Mishnah (Menachot 9:3), the Rambam writes that he has found no definition for the termmurbechet, but that appears to him that it implies that a large quantity of oil is used in the preparation of the cakes.
61.
See the Rambam's Commentary to the Mishnah (Challah 1:6; Menachot 9:3), where he describes how these fried cakes are made.
62.
Those loaves which are leavened do not require oil [the Rambam's Commentary to the Mishnah (Menachot 7:4)].
63.
A half a log is 172 cc. according to Shiurei Torah and 300 cc. according to Chazon Ish.
64.
The Radbaz maintains that the measure of half a log was communicated to Moses, but the breakdown of how this measure should be used was not. Hence, after the fact, the sacrifice is not disqualified if there was some deviation.
65.
Although the person desires to bake only four loaves, he must also separate one loaf of each type for the priest. This separation must be done beforehand, as the Rambam precedes to explain. Thus one tenth of each type of dough must be separated and prepared for the priest.
66.
I.e., it would not be deferential to give the priest a piece of each of the four doughs as his sacrificial portion.
67.
The nazirite is bringing two thirds of the unleavened bread brought in connection with a thanksgiving offering. Hence, he uses two thirds the amount of flour.
68.
I.e., a similar amount of oil is used as is used for the corresponding loaves of the thanksgiving offering.
69.
As stated in Numbers 6:19.
70.
I.e., if any of the types of bread are lacking, the sacrifice is unacceptable and nothing should be brought at all.
71.
In his gloss to the Mishnah (Menachot 3:7),Tosafot Yom Tov writes that these breads were baked in Beit Pagi, a small settlement, outside, but close to the Temple Mount.
72.
Chapter 5, Halachah 17.
73.
Chapter 5, Halachah 18.
74.
See Hilchot Korban Pesach 1:14; Hilchot Bechorot 1:2; 6:4.
• 3 Chapters: Shemita Shemita - Chapter 3, Shemita Shemita - Chapter 4, Shemita Shemita - Chapter 5 • English Text | Hebrew Text | Audio: Listen | Download• Shemita - Chapter 3
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• English Text | Video Class• "Today's Day"• Sunday, Nissan 2, 5776 · 10 April 2016
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Halacha 1
It is a halachah conveyed to Moses at Sinai1 that it is forbidden to work the land2 in the last 30 days of the sixth year, just before the Sabbatical year, because one is preparing for the Sabbatical year. This concept - i.e., the prohibition [to work the land] established by tradition - applies in the era of the Temple [alone]. Our Sages [extended that prohibition], decreeing that one should not plow an orchard in the year preceding the Sabbatical year in the era of the Temple after Shavuot, nor a field of grain after Pesach. In the era where the Temple does not stand, we are permitted to perform agricultural work until Rosh HaShanah, as [permitted by] Scriptural Law.3
Halacha 2
What is meant by an orchard?4 Any place where there are three trees in an area large enough to sow a se'ah of grain.5 Whether these are fruit-bearing trees or not and even when they belong to three different people, we consider them as if they were fig trees.6 If they were fit to produce a mass of dried figs of a weight of 60 maneh,7 we may plow the entire field because of them. [This applies] provided there is sufficient distance between them that cattle can pass through together with their implements.8
Halacha 3
[Different laws apply] if there were less than three trees in an area fit to sow ase'ah or there were three, but [only] one was fit to produce 60 maneh or more and the other two were not fit to produce [a significant amount]9 or there were two fit to produce even 100 maneh and one is not fit to produce [a significant amount]. We may plow only the portion of the field necessary for [these trees], i.e., [an area whose radius is the space in which could stand] a person picking figs together with his basket.
Halacha 4
If there were between three and nine trees and they were fit to produce 60maneh, we may plow the entire field for their sake, even though there are some trees that are not fit to produce [a significant quantity of] fruit.10
Halacha 5
When there are ten or more trees in an area fit to sow a se'ah, whether they are fit to produce [the above quantity of fruit] or not, we may plow the entire area for their sake [until Shavuot].11 If there were ten plantings12spread out13in an area fit to sow a se'ah, we may plow the entire area for their sake until Rosh HaShanah.14 This is a halachah conveyed to Moses at Sinai.
Halacha 6
Halacha 7
What is meant by a planting? A sapling for as long as it is called a planting.18
Halacha 8
[The following rules apply when] a tree was cut off and a new tree grew from its stump. If it was cut off a handbreadth or more above the ground, it is considered as a tree. If it was cut off lower than a handbreadth, it is considered as a planting.19
Halacha 9
All of the above applies in the era of the Temple, as we stated.20 In the present era, by contrast, we are permitted to work the land until Rosh HaShanah. [Moreover,] even in the era of the Temple, it is permitted to remove stones from fields and fertilize them21 and to hoe22 in zucchini and squash gardens23and in parched land until Rosh HaShanah. Similarly, one may fertilize saplings,24 remove dried leaves and branches from them, apply dust to them, smoke under them, rip off stalks, trim their far-spreading branches, and apply foul-smelling matter to them. We may wrap their branches, trim them, make shelters around them,25 place water upon them, apply oil to the unripened fruit and perforate them. All of these tasks are permitted in the year preceding the Sabbatical year until Rosh HaShanah of the Sabbatical year even in the era of the Temple.
Halacha 10
When unripened fruit from the sixth year enter the Sabbatical year or such fruit from the Sabbatical year enter the eighth year, we may not26 apply oil to them or perforate them.27 In the era of the Temple, one may not build steps at the entrance to valleys in the sixth year after the rains cease, because he is preparing for the seventh year.28
Halacha 11
Even in the present age, we may not plant trees, graft trees, or extend vines29in the sixth year unless there is time for the planting to become rooted30 and remain after taking root thirty days before Rosh HaShanah of the Sabbatical year. Usually, it takes two weeks [for a plant] to take root.
This is forbidden at all times, because of the impression that might be created, lest an observer think that they were planted in the Sabbatical year.31 Thus if a person planted, grafted, or extended [a tree of vine] in the sixth year, 44 days before Rosh HaShanah, he is allowed to maintain it. If he did so for a lesser time, he must uproot it. If he did not uproot it, however, the fruit it produces is permitted. If he dies before he uprooted it, we obligate the heir to uproot it.32
FOOTNOTES
1.
I.e., a tradition conveyed by the Oral Law, for which there is no explicit reference in the Written Law.
2.
The Rabbis debate whether this prohibition applies to work with the land alone or also to work with trees. See Halachah 9 and notes.
3.
In his Commentary to the Mishnah (Sh'vi'it1:1), the Rambam explains that Rabban Gamliel released this prohibition after the destruction of the Temple, because he maintained that the prohibition applied only when the Temple was standing.
4.
Which is allowed to be plowed until Shavuot.
5.
I.e., 50 cubits by 50 cubits.
6.
I.e., we estimate whether a fig tree with dimensions similar to this tree would produce 60 maneh of figs.
7.
A maneh is one pound in contemporary measure (Shiurei Torah, p. 118). Rav Kehati (Sh'vi'it 1:2) considers it to be 400 grams, a slightly smaller measure.
8.
Our Sages determined this to be four cubits. The rationale is that if they are grouped closer together the cattle will uproot them when trying to pass. See Bava Batra 83a.
9.
Although the one tree produced the amount required of the entire orchard, since the other trees are not fit to produce any produce at all, they are not considered significant.
10.
The Rambam interprets this as referring to a situation where all the trees together are fit to produce 60 maneh, although some individual trees are not fit to produce a significant amount. The Ra'avad offers a different interpretation of Sh'vi'it 1:3, the Rambam's source. Rabbenu Shimshon also interprets the mishnah in that manner and the Radbaz and the Kessef Mishneh agree that, at first glance, their interpretation fits the wording of the mishnah more easily than the Rambam's.
11.
For even if they are not fit to produce fruit, such a large amount of trees is significant.
12.
Saplings that were recently planted [the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6)]. See also Halachah 7.
13.
Since they are saplings, they do not derive nurture from as wide an area as mature trees with longer roots do. Hence unless the saplings are spread out, this leniency is not granted (Radbaz).
14.
More leniency is granted with regard to the saplings, because they need greater care (ibid.).
15.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 1:6).
16.
For they will not derive nurture from the entire field and it would appear that one is plowing the field for its own sake (Radbaz,Kessef Mishneh).
17.
In his Commentary to the Mishnah (ibid.:7), the Rambam quotes the Jerusalem Talmud which states that this applies only to a Greek squash plant which is large like a tree. The Radbaz states that the majority of the ten must be saplings.
18.
This is Rabbi Akiva's opinion in (Sh'vi'it 1:8). Others maintain it is given that status until three years (or seven) years have passed.
19.
In his Commentary to the Mishnah (ibid.), the Rambam states that this view is accepted, because it is supported by aTosefta. The commentaries have questioned which Tosefta the Rambam is referring to.
The Rambam's ruling has also attracted attention, because it appears to contradict his ruling in Hilchot Ma'aser Sheni 10:13 which states: "When a tree was cut down from above the earth and [a new tree grew from its roots], the prohibition of orlahapplies." The implication there is that as long as the stump of the tree is above the earth, the laws of orlah do not apply. Only when it is cut down from below the earth is it considered like a new tree. Here, by contrast, even a handbreadth above the ground is considered as an existing tree.
The rationale for the distinction can be explained as follows: In this context, we follow the figures of speech employed by people at large. As long as the stump is within a handbreadth of the ground, people will consider any new growth as a new entity. When, by contrast, the stump is more than a handbreadth, it is significant and any new growth is considered as an extension of the existing plant (Rav Yosef Korcus).
20.
Halachah 1.
21.
These and the following activities are forbidden in the Sabbitical year itself only by virtue of Rabbinic decree. Our Sages were not overly stringent and did not enforce these prohibitions in the months preceding the Sabbatical year.
22.
For hoeing is not plowing.
23.
Our translation for these and the following terms are derived from the Rambam's Commentary to the Mishnah (Sh'vi'it 2:1-5). Many of the activities mentioned were described in Chapter 1, Halachah 5, and notes.
The Tosafot Yom Tov(Sh'vi'it 2:2) explains that this leniency was granted in gardens where these plants grow and not in fields at large, because in the instance of these plants, the hoeing benefits the plants directly and not merely the field.
24.
The first clause dealt with work with the land that is permitted in the latter months of the sixth year. This clause mentions work with trees. From this halachah it appears that the prohibition conveyed as a halachah to Moses at Sinai mentioned in Halachah 1 does not apply to work with trees.
25.
To protect them from rain or sun.
26.
Note Rav Kappach's edition of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:5) which states that the text of that source also reflects this ruling. (He maintains that there is a printing error in the standard published text of that source. According to his view, the Rambam did not reverse his opinion regarding this law as some maintain.)
27.
Even though the fruit reaches a third of its growth before the Sabbatical year begins or does not reach that point of growth until after the the Sabbatical year ends, this restriction is still applied, because of the impression the performance of these tasks will create.
28.
I.e., it might appear that the steps are being built so that a person will be able to descend and irrigate his fields in the valley in the Sabbatical year.
29.
I.e., replant the head of a vine or the trunk of a tree in the ground so that it will develop new roots and another source of nurture. Thus new growths will emerge from it [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:6)].
30.
Our translation is taken from the above source.
31.
Rabbi Akiva Eiger explains the basis for such a supposition. If the tree is not planted before 44 days preceding the new year, we count the beginning of its orlah years from Rosh HaShanah (Hilchot Ma'aser Sheni9:10). Thus it will be considered halachically as if the tree was planted in the Sabbatical year.
32.
I.e., the heir must also help prevent the misimpression from being created. For this reason, the leniency shown in Chapter 1, Halachah 13, is not shown here.
Shemita - Chapter 4
Halacha 1
All produce that grows from the earth1 in the Sabbatical year:2 whether it grew from seeds that fell into the earth before the Sabbatical year, it grew from roots whose plants were harvested previously, but nevertheless grew again - in both instances [such produce] is referred to with the term safiach3 - or grasses and vegetables that grew on their own accord [in the Sabbatical year], is permitted to be eaten according to Scriptural Law,4 as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours to eat." Even when a field was plowed thoroughly5 in the Sabbatical year, and produce grew in it, that produce is permitted to be eaten. The statement [ibid.:] "Do not reap the aftergrowth of your harvest" means that one should not reap it in the same manner as one does every year.6 If one reaps it according to the ordinary manner, he is worthy of lashes. For example, he harvested the entire field, set up a grain heap, and threshed it with cattle or harvested it for the sake of tilling the land as we explained.7 Instead, he should reap it little by little, beat it,8 and partake of it.
Halacha 2
According to Rabbinic decree, all the sifichim are forbidden to be eaten. Why was a decree established concerning them? Because of the transgressors, so that they could not go and sow grain, beans, and garden vegetables in one's field discretely and when they grow, partake of them, saying that they are sifichim. Therefore the Sages prohibited all the sifichim that grow in the Sabbatical year.
Halacha 3
Thus we have learned that the only produce of the Sabbatical year of which one may partake are fruit from trees9 and herbs that are not sown by most people,10e.g., rue, amaranth,11 and the like. With regard to vegetables that most people sow in their gardens and species of grains and beans, by contrast, anything that grows from these species is forbidden according to Rabbinic decree. One who gathers them12 is liable for stripes for rebellious conduct.
Halacha 4
When sifichim grow in an underdeveloped field,13 a field that was plowed, a vineyard, and a field where crops had been sown,14 they are permitted to be eaten.
Why was the above decree not applied to these places? Because a person will not sow these fields. [He will not sow] an underdeveloped field, because no one pays attention to it. When a field has been plowed, [the owner] desires that it remain lying fallow. With regard to a vineyard, no person will cause his vineyard to become forbidden.15 And when a field has been sown, the aftergrowth will spoil it. Similarly, straw that grows in the Sabbatical year is permitted in all places; no decree was issued against its use.16
Halacha 5
Halacha 6
Halacha 7
When onions of the Sabbatical year enter the eighth year, they are permitted when there is enough time for produce of that size to have grown [in the eighth year].22 If not, they are forbidden.23
Similar concepts apply with regard to other produce. They should not be purchased in the eighth year24 until produce of that size could have grown in the eighth year. When, in the eighth year, the produce which grows rapidly reaches [the size of the produce which grew in the Sabbatical year], the prohibition is lifted from the produce that remains.25 It is permitted to purchase garden vegetables in the eighth year immediately.26
Halacha 8
When is a person permitted to purchase wild onions in the eighth year? When the new produce exceeds [the old].27
Halacha 9
The first of Tishrei is Rosh HaShanah with regard to the Sabbatical and Jubilee years.28 [The following rules apply with regard to] produce of the sixth year that enters the Sabbatical year. Grain, legumes, or fruit29 that reached the stage when tithes are required to be separated30 before Rosh HaShanah [of the Sabbatical year] are permitted [to be reaped]. Even though they are gathered in the Sabbatical year, they are considered like produce of the sixth year in all regards.31 If they did not reach the stage when tithes are required to be separated until after Rosh HaShanah, they are considered as produce of the Sabbatical year.32
Halacha 10
Halacha 11
When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed,35 [the ruling depends on] when the produce completes its growth.36 If its growth is completed before Rosh HaShanah, these [seeds] are permitted [to be harvested] in the Sabbatical year like the produce of the sixth year. If their growth is completed after Rosh HaShanah, even though [the plants] took root before Rosh HaShanah, they are forbidden as sifichin.
Halacha 12
[The ruling regarding] vegetables [depends] on the time they were harvested.37
With regard to an esrog, even if it was the size of a bean before Rosh HaShanah [of the Sabbatical year] and grow to the size of a loaf of bread in the Sabbatical year, it is obligated to be tithed like the produce of the sixth year.38 [Conversely,] even if it had reached the size of a loaf of bread in the sixth year, since it was reaped in the Sabbatical year, it is considered as the produce of the Sabbatical year.39 As a stringency, the tithes are separated like the produce of the sixth year.
Halacha 13
Similarly, when the produce of the Sabbatical year is reaped in the eighth year: With regard to grain, legumes, and the fruit of the trees, [the ruling depends on when the produce reached] the stage when tithes are required to be separated.40 When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed, [the ruling depends on] when the produce completes its growth.41 [The ruling regarding] vegetables [depends] on the time they were harvested.42
Halacha 14
When one sowed Egyptian beans for seed in the sixth year and the produce was completed before Rosh HaShanah of the Sabbatical year, both its vegetables and its seed are permitted in the Sabbatical year.43 If one sowed it to use as a vegetable44and it entered the Sabbatical year, both its vegetables and its seed are forbidden like the sifichin of the Sabbatical year. Similarly, if he sowed it both for its seed and to use as a vegetable, it is forbidden.45
Halacha 15
[The following rules apply if] one transgressed and sowed [such beans] in the Sabbatical year, [their growth was completed in the Sabbatical year,] but they remained [in the ground] until eighth year: If they were sown for seed,46 both the seed and the vegetables are forbidden in the eighth year like other sifichin. If one sowed it to use as a vegetable, since it was harvested in the eighth year, both its vegetables and its seed are permitted.47 If he sowed it both for its seed and to use as a vegetable, its seed is forbidden as sifichin and its vegetables are permitted.
Halacha 16
Since white figs48 take three years before their growth is completed, if they reach the stage when tithes are required to be separated before Rosh HaShanah of the eighth year,49 they should be eaten in the second year of the seven year cycle according to the restrictions50 governing fruit of the Sabbatical year.
Halacha 17
Onions that will not produce scallions51 and Egyptian beans from which water was withheld for 30 days before Rosh HaShanah and onions that do produce scallions52 from which water was withheld for three irrigation periods53 before Rosh HaShanah are considered as the produce of the sixth year.54 If water was withheld from them for a shorter period, they are considered as sefichinfrom the Sabbatical year.55
Halacha 18
[The following laws apply with regard to] gourd plants which were maintained [in the ground] to produce seed. If they became hard56 before Rosh HaShanah and thus were unfit for human consumption, it is permitted to maintain them in the Sabbatical year, for they are from the produce of the sixth year.57 If not,58 they are considered as sefichin from the Sabbatical year.59
Similar [laws apply with regard to] vegetables. Any ones that become hard before Rosh HaShanah are permitted to be maintained in the Sabbatical year.60 If they were soft,61 it is forbidden to maintain them, as [is the law regarding] sefichin.62
We do not require a person to uproot wild onions. Instead, we allow him to leave them in the ground as they are.63 If they grow in the eighth year, they are permitted. Similarly, we do not require him to uproot an artichoke plant.64All that is necessary is to cut off its leaves.65 If it grows again in the eighth year, it is permitted.
Halacha 19
Halacha 20
When, in the Sabbatical year, rain descended upon onions70 and they sprouted leaves, the leaves are permitted as long as they are light green.71 If they have turned dark,72 it is considered as if the plants were planted in the earth and those leaves are forbidden as sefichin. In both situations, the onions themselves remain permitted.73
Halacha 21
When an onion was uprooted in the Sabbatical year and replanted in the eighth year and its growth exceeded its original size, the additional growth elevates the original mass74 and the entire [onion] is permitted. [The rationale is that] since the prohibition of the Sabbatical year comes about via the earth,75 it can be removed via the earth.76
Halacha 22
Fruits produced by a tree in the Sabbatical year should not be reaped in the same manner as they are reaped every year,77 as [Leviticus 25:5] states: "The grapes you had designated you shall not gather."78 One who reaps grapes to improve the vine or in the ordinary manner of reaping is liable for lashes.
Halacha 23
How should one conduct himself?79 Figs of the Sabbatical year should not be set out to dry in the place where they are usually set out to dry. They can, however, be left to dry in a ruin.80 We may not crush grapes81 in a vat, but they may be crushed in a kneading trough. Olives should not be crushed82 in a press, but they may be squeezed and placed in a very small press. One may grind them83 in the oil press and place them in a small press. Similarly, with regard to other matters, [the fundamental rule is]: One should deviate from the norm in whatever way possible.
Halacha 24
It is a positive commandment84 to divest oneself from everything that the land produces in the Sabbatical year, as [Exodus 23:11] states: "In the seventh [year], you shall leave it untended and unharvested."
Anyone who locks his vineyard or fences off his field in the Sabbatical year has nullified a positive commandment.85 This also holds true if he gathered all his produce into his home. Instead, he should leave everything ownerless. Thus everyone86has equal rights in every place, as [ibid.] states: "And the poor of your people shall partake of it." One may bring a small amount into one's home, just as one brings from ownerless property,87e.g., five jugs of oil, fifteen jugs of wine.88 If he takes more than that, it is permitted.89
Halacha 25
[The laws of] the Sabbatical year are observed only in Eretz Yisrael alone, as [Leviticus 25:2] states: "When you will come to the land...."90 It is observed while the Temple is standing and when the Temple is not standing.91
Halacha 26
In the entire area taken possession of by the Jews who ascended from Babylonia until Kziv,92 it is forbidden to work the land and the sifichin that grow there are forbidden to be eaten. In the entire area that was taken possession of only by the Jews that ascended from Egypt, i.e., from Kziv to the River [of Egypt]93 and to the Umanum Mountains,94 even though it is forbidden to till [the land] in the Sabbatical year, the sifichin that grow there are permitted to be eaten. From the River [of Egypt] and from the Umanum Mountains [onward], one may till [the land] in the Sabbatical year.95
Halacha 27
Although the Sabbatical year is not observed in Syria96 according to Scriptural Law, [our Sages] decreed that it would be forbidden to till it in the Sabbatical year like Eretz Yisrael, so that [the Jewish people] would not abandon Eretz Yisrael and go and settle permanently there. In Ammon, Moab,97 Egypt, and Babylonia, by contrast, though the tithes must be separated according to Rabbinic Law,98 the Sabbatical year is not observed.
Halacha 28
Halacha 29
When a gentile purchases land in Eretz Yisrael and sows it in the Sabbatical year, the produce is permitted.101 For our Sages decreed that sifichin should be forbidden only as a safeguard against transgressors and the gentiles are not commanded to observe the Sabbatical year. Thus there is no need to institute a safeguard for them.
Halacha 30
In the cities of Eretz Yisrael that are close to the border, we appoint a trustworthy watchman so that the gentiles will not spread [through the land] and take the produce of the Sabbatical year.102
FOOTNOTES
1.
As opposed to fruit; see Halachah 3.
2.
As indicated by Halachah 9, this refers to produce that reached the stage of growth that obligates the separation of tithes - i.e., one third of its growth - after Rosh HaShanah of the Sabbatical year. If the produce reached this stage of growth beforehand, it is permitted to be harvested in the Sabbatical year.
3.
This term is generally translated as "aftergrowth."
4.
There is an opinion that such produce is forbidden according to Scriptural Law, but the Rambam's view follows the opinion ofMenachot 5b.
5.
Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 4:2, based on the Jerusalem Talmud).
6.
Sefer HaMitzvot (negative commandment 222) and Sefer HaChinuch (mitzvah 328) includes this commandment among the 613 mitzvot of the Torah.
7.
I.e., harvesting produce will enable the land to generate better produce in the future. This apparently is the intent of Chapter 1, Halachah 1.
8.
To separate the grain from the chaff.
9.
For fruit will grow from trees without any effort on man's part.
10.
Since they are not sown by most people, there is no reason to forbid them from being reaped in the Sabbatical year, for it is unlikely that anyone would plant them.
11.
Both of these are fragrant herbs. Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Sh'vi'it 9:1).
12.
The Radbaz questions the Rambam's statement, for seemingly, the Rabbinic decree was against eating, not gathering. He, however, states that from the Jerusalem Talmud (Sh'vi'it 9:1), it would appear that the decree also included gathering the aftergrowth.
13.
In his Commentary to the Mishnah (Pe'ah2:1), the Rambam defines this term as a field left desolate and untilled.
14.
Apparently, this refers to a field where crops had been sown in the sixth year and they reached more than a third of their growth in that year. Hence, it is permitted to harvest them in the Sabbatical year.
15.
For that would bring about the violation of the prohibition of kilayim, mixed species in a vineyard, and cause the vineyard to become forbidden. See Hilchot Kilayim 6:1.
16.
Although it is not forbidden, it must be treated with the holiness of the Sabbatical year (Ra'avad; see Chapter 5, Halachah 19-20, 23).
17.
I.e., that attained one third of their growth in the Sabbatical year.
18.
If the aftergrowth of the Sabbatical year was allowed, it is possible that transgressors would sow their fields at the end of the Sabbatical year and then say that the crops that are growing are merely an aftergrowth.
19.
And in that way, destroy the crops. We are not concerned with the fact that they will fertilize the field or serve as food for his animals, for there is no prohibition against benefiting from the aftergrowth.
20.
For by that time, the majority of the produce will have grown in the eighth year. The Ra'avad questions the Rambam's source. The commentaries maintain that it follows the wording of the version of the Jerusalem Talmud, Demai 2:1, possessed by the Rambam.
21.
The rationale is that this produce is brought about by a combination of two factors: one (the earth) which is permitted and one (the aftergrowth) which is forbidden. In such situations, the produce is permitted. SeeHilchot Ma'aser Sheni 10:21.
22.
For it is possible that these are onions of the eighth year. And if they are from the Sabbatical year, it is possible that they increased their size to the extent that the majority of their growth took place in the eighth year (Radbaz).
23.
Lest one be partaking of an onion that grew in the Sabbatical year.
24.
From a person who is suspect of violating the prohibitions of the Sabbatical year.
25.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 6:4).
26.
See Halachot 12-13.
27.
The Radbaz quotes the Jerusalem Talmud (Sh'vi'it 5:5) as explaining that this refers to after the Pesach festival.
28.
The year is considered to begin from that date. See also Chapter 10, Halachah 4.
29.
The mention of fruit is somewhat problematic, because, as stated in Hilchot Ma'aser Sheni 1:2, the fifteenth of Shvat is "the New Year of the Trees." The Radbaz, however, explains that there is no contradiction. Each "new year" is considered in its own context. With regard to the calculation of the cycle of the tithes and the laws of orlah, the fifteenth of Shvat is "the New Year of the Trees." With regard to the prohibitions of the Sabbatical year, by contrast, the new year begins on Rosh HaShanah.
The Shelah, however, states that even with regard to the Sabbatical year, the fifteenth of Shvat is the Rosh HaShanah of the Trees and wit regard to them, the laws of the Sabbatical year begin from that date. This is the present practice in Eretz Yisrael.
30.
I.e., one third of its growth.
31.
It is permitted to harvest them and partake of them without any restrictions. Nor are they endowed with the holiness of the crops of the Sabbatical year. Similar laws apply with regard to the separation of tithes (ibid.).
32.
As explained in the following halachah.
33.
And harvested.
34.
See Chapters 5-6.
35.
From Rav Kappach's translation of the Rambam's Commentary to the Mishnah (Sh'vi'it 2:8), it appears that the intent is that his purpose is to use the kernels as seed and not to partake of them. Others, however, interpret the Rambam's as meaning that he desires to eat the seeds and not the pods. Were the person concerned with eating the pods - or even the kernels according to the first interpretation - the plants would be considered like vegetables; see Halachah 14.
36.
I.e., they are not considered like vegetables in which the time when they are gathered determines the ruling (Halachah 12), because they are not gathered immediately after their growth is completed, but rather left growing in the earth so that they dry. Nor are they considered like grain or beans in which instance, the time when they reach one third of their growth determines the ruling (Halachah 9), because they complete their growth at different times. See alsoHilchot Ma'aser Sheni 1:8 which sets these species aside from others.
37.
It is bound by the agricultural laws governing the year in which it was reaped (ibid.:4).
38.
The produce of the Sabbatical year need not be tithed. Nevertheless, as a stringency, the ruling governing an esrog is dependent on when the fruit first budded (Rosh HaShanah15b). Hence, it is necessary to tithe such an esrog. Compare to ibid. 1:6.
39.
And must be eaten with consideration shown for the special holiness of that year (Radbaz).
40.
As in Halachah 9. Thus if they complete one third of their growth before the advent of the eighth year, they are considered as produce of the Sabbatical year.
41.
As in Halachah 11. I.e., whether in the Sabbatical year or in the eighth year.
42.
As in Halachah 12. The Rambam does not mention the laws pertaining to an esrog, because since it is reaped in the eighth year, it is considered entirely as the produce of the eighth year. None of the restrictions of the Sabbatical year apply and tithes must be separated.
43.
Since it was sowed for seed, that intent determines the ruling, and the laws stated in Halachah 11 apply. Since as a whole, the plant is considered as the produce of the sixth year, even if part of the plant is harvested as a vegetable, we are not concerned about when it was harvested and it is still considered as produce of the sixth year.
44.
The ruling is governed by that intent and the laws mentioned in Halachah 12 apply, even to the seeds.
45.
Because of the impression that might be created. With regard to this question, the standard published text of the Jerusalem Talmud (Sh'vi'it 5:5) states that the seed is permitted and the vegetable is forbidden. The Radbaz maintains that the Rambam's ruling should be interpreted in the same manner (as might be understood from the conclusion of the following halachah). TheKessef Mishneh suggests that perhaps the Rambam had a different version of the Jerusalem Talmud.
46.
The ruling is determined by when the growth of the produce was completed, in this instance, the Sabbatical year. Hence, it is forbidden as are the other sifichin of that year (Halachah 5).
47.
For the ruling concerning vegetables depends on when they were harvested.
The Ra'avad differs with the Rambam's ruling, maintaining that there is no room for leniency with regard to produce that was sown in the Sabbatical year. The Radbaz justifies the Rambam's ruling, maintaining that it is based on a passage from the Jerusalem Talmud. Rav Yosef Corcus explains that even though sowing the land involves a transgression and in the Sabbatical year, the crops should be uprooted, if that did not happen, the vegetables are not forbidden.
48.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 5:1).
49.
As stated in Halachah 9, this is the determining factor with regard to fruit from trees. Hence they are considered as fruit of the Sabbatical year.
50.
I.e., in a manner which acknowledges their holiness.
51.
Our translation is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 2:9). The term seris means "eunuch." It is used in this instance because generally, onions produce scallions if they are left in a moist place after being uprooted from the earth. Just as a eunuch cannot produce seed, this species does not produce scallions.
52.
Here too our translation is based on the above source.
53.
In that age, when water pumps and piping did not exist, irrigation was a much more complicated matter and plants would be irrigated at specific periods. When a farmer would like to harvest his produce, he begins withholding water from it beforehand, so that it will begin to dry.
54.
Even if they are harvested in the Sabbatical year, for it is considered as if their growth was completed in the sixth year.
55.
For it is considered as if they were still growing at the end of the sixth year.
56.
They dried out [the Rambam's Commentary to the Mishnah (Sh'vi'it 2:10)].
57.
For they did not grow in the Sabbatical year.
58.
And thus they grew in the Sabbatical year.
59.
And they must be destroyed, for it is forbidden to take produce of the Sabbatical year and set it aside to be used for seed in future years (ibid.).
60.
For they did not grow in the Sabbatical year.
61.
And thus they grew in the Sabbatical year.
62.
The Tosefta, Sh'vi'it 2:11 explains that the prohibition stems from the impression that might be created. An onlooker might think that they were planted in the Sabbatical year (Kessef Mishneh).
63.
Wild onions grow in the ground for up to three years. Hence, there is no question about what an onlooker might say, for the majority of the produce will have grown at a time when it is permitted.
64.
Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Uktzin 1:6). Our text follows the version of the Mishneh Torah published by Rav Shabse Frankel. The standard printed text offers a slightly different version. Since the artichoke plant grows primarily in the ground and that portion is not visible, it need not be uprooted.
65.
This is necessary. Because the leaves are soft and edible, we are concerned with the impression an observer might receive.
66.
The Rambam's Commentary to the Mishnah (Sh'vi'it 5:4) states that we are speaking about onions that have reached the stage that all that is necessary is to dig them out and uproot them.
67.
Which become dried out (ibid.).
68.
A plant which produces a powerful red dye.
69.
Although using the metal hatchets would overturn the earth, this is not considered as tilling the land, because one's intent is obviously to harvest the produce (Radbaz).
70.
We are speaking about onions that had completed their growth before the Sabbatical year, but had been left in the ground.
71.
As long as the leaves are green, they are considered as if they come from the onion itself [the Rambam's Commentary to the Mishnah (Sh'vi'it 6:2)].
72.
As the leaves grew, the onion produces roots. As the roots grow, the leaves turn dark green.
73.
For their growth was completed before the advent of the Sabbatical year.
74.
The onion becomes permitted when the majority of its mass is permitted. The new growth nullifies the forbidden matter.
75.
I.e., growing in the earth in the Sabbatical year.
76.
Increasing its size in the eighth year.
The Ra'avad objects to the Rambam's ruling, noting that the Jerusalem Talmud (Sh'vi'it 6:3) appears to imply that the leniency is granted only when the leaves of the onions were bent over. Otherwise, the onions remain forbidden. The Radbaz and the Kessef Mishneh justify the Rambam's ruling, stating that it reflects the treatment of the subject in the Babylonian Talmud (Nedarim 59b). Moreover, even the Jerusalem Talmud can be interpreted in this manner.
77.
The prohibition does not prevent us from reaping the fruits of the trees during the Sabbatical year. On the contrary, the fruits are ownerless and are meant to be eaten by people at large, as Leviticus 11:39 states, "[The fruit produced as] the land rests shall be yours to eat." The point of the mitzvah is that one may not reap in the same manner that he usually does [the Rambam's Commentary to the Mishnah (Sh'vi'it 8:6)].
78.
Sefer HaMitzvot (negative commandment 223) and Sefer HaChinuch (mitzvah 329) include this commandment among the 613 mitzvot of the Torah.
79.
I.e., what changes should be made to the usual manner of reaping.
80.
Our translation of this halachah is based on the Rambam's Commentary to the Mishnah (Sh'vi'it 8:6).
81.
To produce wine.
82.
To extract their oil.
83.
After olives were pressed once and the higher quality of oil extracted, the olives would be ground and pressed again to produce more oil. Compare to Hilchot Issurei Mizbeiach 7:8.
84.
Sefer HaMitzvot (positive commandment 134) and Sefer HaChinuch (mitzvah 84) includes this commandment among the 613 mitzvot of the Torah.
The Rambam's wording implies that the commandment is incumbent on the person; he must consider his property ownerless. Other commentaries note that Bava Metzia39a speaks of "the land being declared ownerless by the King," i.e., that automatically, the person's right to his produce is removed from him by Divine order. See Likkutei Sichot, Vol. XVII, p. 287ff., which clarifies the difference between these perspectives.
85.
The Kessef Mishneh quotes the Mechiltawhich explains that according to Scriptural Law, it would appear that one should rip down the fences around his fields. Our Sages did not require that. They did, however, forbid erecting new fences.
86.
The rich as well as the poor.
87.
I.e., although the owner of the land does not have greater privileges than others, he does not have lesser privileges either and may take some of the produce.
88.
For this is an ordinary amount which a person would store for immediate use. To set aside produce for long term storage is forbidden in the Sabbatical year.
89.
For ultimately, he has not treated the field as his own, but has left it ownerless.
90.
Implying that these mitzvot are observed only in that land.
91.
For this reason, the laws of the Sabbatical year were observed even before the Temple was constructed (Radbaz).
Although the laws of the Sabbatical year are not dependent on whether or not the Temple is standing, they are dependent on the presence of the majority of the Jewish people in Eretz Yisrael, as stated in Chapter 10, Halachah 9. As stated in Halachah 8 of that chapter, after the exile of the tribe of Reuven and Gad, slightly more than a hundred years before the destruction of the First Temple, this criterion was not met and the Sabbatical year and many other mitzvot are observed only because of Rabbinic decree.
(As will be explained in the notes to that source, there is some difference of the opinion concerning both the actual ruling and the Rambam's stance on that issue.)
92.
As the Rambam explains in Hilchot Terumah, ch. 1, and Hilchot Beis HaBechirah, ch. 6, when the Jews conquered Eretz Yisrael after the exodus from Egypt, the land became holy and all the agricultural laws incumbent on it took effect. After the exile of the tribes of Reuven and Gad, these laws no longer applied according to Scriptural Law. When Ezra led the people back from the Babylonian exile, he sanctified the land a second time according to Rabbinic decree. At this time, however, the people settled in a much smaller area than they had originally lived. Kziv was the northern boundary of that area and is considered outside the area. See the maps accompanying Hilchot Terumah, loc. cit. See also the Rambam's Commentary to the Mishnah (Sh'vi'it 6:1).
93.
According to the Radbaz (Hilchot Terumah1:9), this refers to Wadi el Arish and not the Nile. There are, however, other sources which identify "the River of Egypt" as the Nile.
94.
A mountain range in Northern Lebanon. This represents the boundaries of the land conquered by the Jews after the Exodus from Egypt. As the Rambam explains, our Sages imposed certain restrictions on this land as well.
95.
This area is considered as part of the Diaspora and none of the agricultural laws relating to Eretz Yisrael apply there. The Umanum Mountains themselves are part of the Diaspora.
96.
"The lands which [King] David conquered outside of the Land of Canaan, e.g., Aram Naharaim, Aram Tzovah, Achlab [which are located slightly north of Eretz Yisrael]... before he conquered Eretz Yisrael entirely." See Hilchot Terumah 1:3 and the Rambam's Commentary to the Mishnah (Demai 6:11).
97.
Countries to the southeast of Eretz Yisrael.
98.
See Hilchot Terumah 1:6.
99.
Transjordan refers to the area extending outward from the eastern bank of the Jordan. The tribes of Reuven, Gad, and half the tribe of Menasheh settled there. Rav Yosef Corcus maintains that according to Scriptural Law, the Sabbatical year never had to be observed there (see Sifra, the beginning of Behar), because it is not part ofEretz Yisrael in certain contexts. Others maintain that according to Scriptural Law, in the era of the First Temple, the Sabbatical year was to be observed there. All agree that our Sages required its partial observance.
100.
The Radbaz explains that this applies even if the Jews returning from Babylon had settled in a portion of this territory, thesificihin are not forbidden.
101.
I.e., we are allowed to purchase this produce and partake of it. This applies even in the portion of the land where the Sabbatical year is observed according to Rabbinic decree.
The Radbaz and the Kessef Mishneh refer to the Kaftor VePerach who states that seemingly, although produce grown by a gentile in Eretz Yisrael in the Sabbatical year is permitted, it would have to eaten with respect to its holiness, as described in the following chapter. For as the Rambam states in Hilchot Terumah 1:10: "When a gentile purchases land in Eretz Yisrael, he does not cause it to be absolved from [the observance of] the mitzvot. Instead, its holiness is still intact." Thus although there is no reason to forbid one from partaking of the produce grown by a gentile, seemingly, it should be considered "holy."
They note that in their time this was not the common practice, (nor is it the practice inEretz Yisrael today). They justify this conduct on the grounds that, according to certain views (see Chapter 10, Halachah 9, where this subject is discussed) that in the present era, the observance of the Sabbatical year is a Rabbinic ordinance (and not of Scriptural authority). And our Sages did not impose any restrictions on produce grown by gentiles.
102.
In addition to the material motive involved, there is a ritual dimension to this restriction. We are forbidden to allow a gentile to partake of the produce of the Sabbatical year (Chapter 5, Halachah 13). The Radbaz questions if watchmen should be appointed to guard the fields of Jews inEretz Yisrael that are not located on the border, but are near areas where gentiles are located and there is a possibility that they will take the produce that is left ownerless.
Shemita - Chapter 5
Halacha 1
Halacha 2
What is meant by [the license to use the produce of the Sabbatical year] for eating and drinking? One should eat those foods that are normally eaten and drink the beverages that are normally drunken, as is the law with regard toterumah and the second tithe.5
Halacha 3
He should not change the natural function of produce as he does not with regard to terumah and the second tithe, i.e., something that is normally eaten raw should not be eaten cooked. Something that is normally eaten cooked should not be eaten raw. For this reason, animal fodder6 should not be cooked, nor should one press himself to eat a cooked dish that has spoiled or bread that has become moldy, as he does not eat such foods that are terumahor the second tithe.7
Halacha 4
Halacha 5
Produce that is set aside for human consumption should not be fed to domesticated animals, beasts, and fowl. If an animal went under a fig tree under its own initiative and began eaten the fruit, we do not require [the owner] to bring it back, for [Leviticus 25:7] states: "And for the animal and the beast in your land shall be all the produce to eat."10
Halacha 6
What is meant by [the license to] smear oneself [with produce from the Sabbatical year]? One may smear oneself with produce with which it is common to smear oneself. He should not smear wine or vinegar, but he may smear oil.11 We do not place fragrant herbs in oil,12 nor should one apply oil in a bathhouse.13 He may, however, apply oil outside and then enter.14
Halacha 7
Oil from the Sabbatical year should not be used to seal an oven or a range,15nor should it be applied to a shoe or a sandal.16 One should not apply [such oil] with impure hands.17 If the oil fell on his flesh, he may rub it in with impure hands.18 One should not apply [such] oil to his foot while it is in a shoe,19 He may, however, smear [such oil] on his foot and put on a shoe or smear his entire body and then roll on a new [leather] mat.20
Halacha 8
What is meant by [the license to] kindle a lamp [with produce from the Sabbatical year]? One may kindle a lamp with oil from the Sabbatical year itself. If one sold [oil from the Sabbatical year] and used the proceeds21 to purchase other oil or exchanged [oil from the Sabbatical year] for other oil,22they are both forbidden to be used for kindling, for we may not use money received in return for the produce of the Sabbatical year for kindling.23
Halacha 9
What is meant by [the license to use produce from the Sabbatical year] for dyeing? Produce which is ordinarily used as dye even though it is also used as food for people may be used as dye for man's sake.26 We may not, however, use the produce of the Sabbatical year - even animal fodder - as dye for the sake of an animal. For the holiness of the Sabbatical year does not rest on dye for animals.
Halacha 10
The holiness of the Sabbatical year falls on [natural] detergents - e.g., boritand ehel,27 - and we may launder with them,28 as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours," i.e., for all your needs. Nevertheless, the fruit of the Sabbatical year should not be used as a detergent,29 nor should it be used to produce a compress,30 for [the above verse] states: "...shall be yours to eat,"31 i.e., and not for a compress, nor to sprinkle,32 induce regurgitation, soak flax, or use as a detergent.
Halacha 11
A great principle was stated with regard to the produce of the Sabbatical year: Whatever is distinguished as being for human consumption, e.g., wheat, figs, grapes, and the like, should not be used as a compress or a bandage, even for a person, as implied by the phrase: "yours to eat," i.e., whatever is distinguished as being for you, should be used as food33 and not for medicinal purposes. Anything that is not distinguished as being for human consumption, e.g., soft thorns and brambles, may be used as a compress for a person, but not for an animal.34
If it is not distinguished as being for either of the above purposes - e.g.,za'ater, oregano,35 and thyme,36 [the ruling depends] on the person's intent. If he thought to use it as kindling wood, it is considered as kindling wood.37 If he intended that it be used as food [for humans], it is considered as produce.38
If it is distinguished as being for both of the above purposes, we treat it with both the stringencies incumbent on food for humans - and compresses are not made with it - and those incumbent on animal fodder - that they may not be cooked.39
Halacha 12
It is permitted to sell food for humans and animal fodder and use the proceeds to purchase food for humans. We may not, however, sell animal fodder to purchase other animal fodder.40 Needless to say, we may not sell food for humans to purchase animal fodder. If [animal fodder] was purchased with [such produce] or food for humans was exchanged for animal fodder, [the animal fodder] is considered like food for humans and it may not be used to make a compress for a person.
Halacha 13
The produce of the Sabbatical year may not be transported from Eretz Yisraelto the Diaspora, not even to Syria.41 It cannot be fed to a gentile,42 nor to a hired worker.43 If he was hired for an entire week, an entire year, or an entire month or an agreement regarding his food was established, he is considered as a member of one's household and he may be fed [the produce of the Sabbatical year]. We may feed a guest44 the produce of the Sabbatical year.45
Halacha 14
Halacha 15
We do not harvest the produce of the Sabbatical year when it is not yet ripe.49[This is derived from Leviticus 25:12 which states:] "And you shall partake of its produce," [implying that the fruits] may not be eaten until they are considered as produce.50 One may, however, partake of a small amount of them in the field while they are underdeveloped, as one partakes [of such produce] in other years.51 One should not bring the produce into one's home until it reaches the stage when the obligation to separate tithes takes effect.52
Halacha 16
From when is it permitted to partake of the fruit of trees in the field in the Sabbatical year? With regard to underdeveloped figs, when their surface will become shiny,53 he may eat his bread with them in the field. The same applies in all analogous situations With regard to underdeveloped grapes,54 when sap flows in them, they may be eaten in the fields. Similar laws apply in all analogous situations.
With regard to olives, when a se'ah of olives would produce a revi'it of a log55of oil, one may break them open56 and eat them in the fields.57 [If such an amount of olives] would produce half a log [of oil], one may crush them and smear oneself in the field. [If they reach the stage where they] produce one third [of the amount they ordinarily produce], it is permitted to bring them to his home, because they have reached a third of their growth.
Halacha 17
It is permitted to cut down trees for their wood in the Sabbatical year, before they produce fruit. Once they have begun to produce fruit, however, they should not be cut down, for doing so spoils [the fruit], and [the fruit of the Sabbatical year is granted] "to eat,"58 and not to spoil.59 If it produced fruit and they reached the stage at which an obligation to separate tithes exists, it is permitted to cut them down, for it has already produced its fruit and the laws of the Sabbatical year no longer apply to it.60
Halacha 18
Halacha 19
Halacha 20
When a bathhouse has been heated with hay and straw of the Sabbatical year, it is permitted to bathe there68 [even] when payment is required.69 An important person, however, is forbidden to do so, lest they also mix other [herbs]70 into the kindling for him, so that it will produce a fragrant scent.71Thus they will destroy the produce of the Sabbatical year.72
Halacha 21
Halacha 22
FOOTNOTES
1.
Drinking is considered as eating (Yoma76b).
2.
See Hilchot Sh'vitat Esor 1:4-5; Hilchot Terumot 11:1, Hilchot Ma'aser Sheni 3:10 which equate smearing oneself with oil and drinking.
3.
Leviticus 25:7 states: "And for the animal and the beast in your land shall (tihiyeh) be all the produce to eat." The Sifra derives the above concept from this verse.
4.
For these activities also bring direct benefit to man.
5.
See Hilchot Terumah, ch. 11, and Hilchot Ma'aser Sheni, ch. 3, for more particulars concerning these laws.
6.
Which is usually eaten raw.
7.
See Hilchot Ma'aser Sheni 3:11 which states: "We do not require a person to eat bread that has become moldy or oil that has become rancid. Instead, as soon as it has become spoiled to the point that it is not fit for human consumption, its holiness has departed from it."
8.
In his Commentary to the Mishnah (Sh'vi'it8:7), the Rambam describes this concept as follows: When terumah becomes ritually impure, it is disqualified and forbidden to be eaten. Now if the oil becomes ritually impure, it will disqualify the vegetable that was cooked in it and require that it be destroyed. Thus one will have caused the produce of the Sabbatical year to be destroyed unnecessarily.
9.
The Kessef Mishneh explains that the Rambam's wording should not be interpreted as implying that only after the fact, once one has cooked the vegetable in the oil, one may partake of it. Instead, this is permitted at the outset.
10.
Implying that the produce of the Sabbatical year may be eaten by animals.
11.
Even though oil is primarily used as food, it is also common to smear it on one's flesh (Radbaz). Wine or vinegar, by contrast, are generally not applied as ointments. SeeHilchot Ma'aser Sheni, loc. cit.
12.
Because doing so removes it from the category of food and makes it oil for smearing (Hilchot Terumah 11:3).
13.
For applying oil that is holy in a place where people are unclothed is an act of disrespect.
14.
Since the oil is already absorbed in one's skin.
15.
For this will be using it for a purpose other than a person's direct physical benefit.
16.
This strengthens the sandal, but does not provide a person with direct physical benefit.
17.
The intent is not necessarily impure hands, but any hands that one has not watched carefully to make sure that they are pure. For if one touches oil with such hands, it becomes impure by Rabbinic decree (Hilchot Sha'ar Avot HaTuma'ah 8:8-10). Making the oil impure would reduce the number of people who could partake of it. Hence, it is improper to do so.
18.
For once the oil has been applied to one's flesh, there is no difficulty in it becoming impure, because its sacred quality is divested. See parallels in Hilchot Terumah11:7.
19.
Because the oil will be applied to the shoe directly.
20.
Even though the oil will be applied indirectly to the shoe or the mat, that does not present a difficulty, because as above, once it has been applied to his flesh, its sacred quality is divested.
21.
As stated in Halachah 12, it is permitted to sell produce of the Sabbatical year that is fit for human consumption and use the proceeds to purchase other food. One may not, however, use such proceeds for other purposes even though they benefit man.
22.
In which instance, the oil for which the oil from the Sabbatical year was exchanged receives the status of produce of the Sabbatical year (see Chapter 6, Halachot 6-7).
23.
One may use oil from the Sabbatical year for kindling, because this is a function for which that produce is ordinarily used. Nevertheless, oil is considered primarily as food fit for human consumption. Hence, the proceeds from its sale or exchange may be used for that purpose alone.
24.
It is not common practice to pour oil into a fire. Hence, although license is given to kindle with oil, one may do so only in the ordinary manner.
25.
For this is the ordinary practice.
26.
As the continuation of the Rambam's words imply, the dye is then considered as imbued with the holiness of the Sabbatical year.
27.
Two plants with natural alcalic properties that make them fit for use as detergents.
28.
For this is their primary use.
29.
Since fruit is primarily used as food, it is improper to use it for any other purpose.
30.
In his Commentary to the Mishnah (Sh'vi'it8:1), the Rambam explains the derivation of the word milugma. It is a composite of the words molei lugma, meaning "cheekful." It was common to chew kernels of wheat, figs, or other produce, and then place them on wounds. Since the primary use of such produce is food, it cannot be used for these purposes.
31.
The explanation is dependent on the principle stated in the following halachah.
32.
Liquids were occasionally sprinkled over wounds to induce clotting.
33.
And for no other purpose, even if it is beneficial to man.
34.
I.e., it may be used for a purpose that brings man benefit.
35.
Our translation is based on Rav Kappach's notes to the Rambam's Commentary to the Mishnah (loc. cit.). Others render it as "hyssop."
36.
In his Commentary to the Mishnah, the Rambam explains that these are herbs that are used both as spices and for medicinal purposes.
37.
And the holiness of the Sabbatical year does not rest upon it.
38.
And is infused with that holiness.
39.
This represents a change in the Rambam's thinking from his initial version of his Commentary to the Mishnah (loc. cit.) in which he states that the stringency involved with animal fodder is that it can only be eaten during the time the produce is available in the field. In the final version of the Commentary to the Mishnah, he adopts the position stated here that is based on the Jerusalem Talmud.
40.
As stated in the notes to Halachah 8, when the produce from the Sabbatical year is sold, the proceeds from the sale may be used only for the purchase of food for humans.
41.
This is a decree imposed so that there will not be a dearth of produce in Eretz Yisrael. See Chapter 7, Halachah 12, which states what should be done if such produce is brought to the Diaspora.
42.
This is derived from Leviticus 25:6 which states that the produce of the Sabbatical year "shall be yours to eat." Implied is that it is for "you" and not for gentiles.
43.
This is referring to a worker hired only for a day(s). Since he is hired for only a short time, it appears as if the person is paying his debt with the produce of the Sabbatical year which is forbidden, see Chapter 6, Halachah 11.
44.
Rav Yosef Corcus states that this and the above clause even refer to a gentile guest or worker.
45.
This is not considered as paying a debt.
46.
This halachah is referring to a woman whose husband traveled to a distant place without leaving his wife adequate support. If she approaches the court, the court expropriates property belonging to her husband and sells it to provide for her support. See Hilchot Ishut 12:16.
47.
For the husband is liable for her support.
48.
Since she has access to the household provisions, it is not considered as if someone is paying the debt to her (Rav Yosef Corcus).
49.
I.e., before it reaches one third of its growth. Until that point, they are unfit to be eaten [the Rambam's Commentary to the Mishnah (Shivi'it 4:7)].
50.
I.e., until they have ripened.
51.
For it is also common practice to taste a small amount of fruit in the field even in its very early stages of ripening (ibid.).
52.
I.e., until the produce reaches one third of its development (Hilchot Ma'aserot 2:3). That would reflect a further stage of development.
53.
At that time, their surface becomes smooth and there is a certain amount of sap inside them [the Rambam's Commentary to the Mishnah (Shivi'it 4:7)]. At this stage of development, it is ordinary practice for a person in the field to taste a small amount of the fruit.
54.
Our translation of the terms in this clause is based on the Rambam's Commentary to the Mishnah (Shivi'it 4:8).
55.
A revi'it of a log is 86 cc according to Shiurei Torah and 150 cc according to Chazon Ish.
56.
This is the ordinary way in which olives are eaten [the Rambam's Commentary to the Mishnah (Shivi'it 4:9)], for there is a bitter liquid beneath this covering.
57.
At this stage of development, the amount of oil produced is not significant enough for one to smear himself with it.
58.
Leviticus 25:6. As stated in Halachah 10, this phrase is also an exclusion, preventing the use of the produce for other purposes.
59.
In his Commentary to the Mishnah (Shivi'it4:10), the Rambam writes that cutting the trees down at this stage of the fruits' development is forbidden, because it is tantamount to theft. For the fruit was granted to people at large and by cutting down the tree, other people are prevented from harvesting it.
60.
It was permitted to harvest the fruit from this stage of development. Since people already had the opportunity of harvesting it and failed to do so, it is not forbidden to destroy the tree.
In his Commentary to the Mishnah (loc. cit.), the Rambam clarifies that we are speaking about a situation where the tree does not produce a large amount of produce and hence, it is permitted to cut it down and use it for wood. Otherwise, it is forbidden to cut down a fruit tree. See Hilchot Melachim 6:8-9.
61.
I.e., when does the initial stage of development mentioned in the previous halachah begin for various tapes of fruit.
62.
The interpretation of this clause offered by standard published text of the Rambam's Commentary to the Mishnah (loc. cit.) is somewhat confusing. See Rav Kappach's translation. It is the source for our translation of the following clauses.
63.
Our translation is dependent on the gloss of the Radbaz and Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Orlah 1:9).
64.
The Radbaz explains that this is referring to a species of dates that never produces edible fruit, but the clusters themselves are eaten like hearts of palms.
65.
The Kessef Mishneh explains that this license is derived through a process of deduction. Shivi'it 9:7 states that the hay and straw of the Sabbatical year may not be used for kindling until the second rain of the eighth year descends. Thus one can obviously conclude that it was forbidden to use them previously.
66.
Hence it should be used for that purpose; see Halachah 3.
67.
For they are not useful for any other purposes.
68.
Seemingly, this halachah contradicts the preceding one. Since it is forbidden to use hay and straw from the Sabbatical year for kindling, one would think that it is forbidden to bathe in water heated through such a fire. Why then is bathing in such a bathhouse permitted?
The Kessef Mishneh first states that license to use the bathhouse is only granted after the fact. At the outset, one should not use such hay and straw for this purpose. Alternatively, he explains - as does the Radbaz - that there is no difficulty in using such hay and straw for this purpose, for just as animal fodder of the Sabbatical year can be used to make a compress for a person (Halachah 11), it can be used to heat a bath for him.
69.
The Kessef Mishneh offers this interpretation, resolving the question posed by the Ra'avad who had objected to granting license to use such hay and straw when payment is taken, for that resembles selling the produce of the Sabbatical year as merchandise which is forbidden (Chapter 6, Halachah 1). The Kessef Mishneh explains that the prohibition against selling the produce of the Sabbatical year involves only selling food.
70.
That are fit to be eaten [the Rambam's Commentary to the Mishnah (Shivi'it 8:11)].
71.
The Rambam is explaining the rationale for the restriction stated in the above mishnah. Others maintain that the rationale is that an important person should not rely on the leniency and, instead, should be stringent not to derive even such benefit from the produce of the Sabbatical year.
72.
Instead of using them as food.
73.
See Hilchot Terumah 11:10-11. The Radbaz explains that this can be derived from a logical inference. If leniency was granted with regard to terumah which is punishable by death, surely, it should be granted with regard to the Sabbatical year, for its prohibitions are not punishable as severely.
74.
In which instance the holiness of the Sabbatical year falls upon them, as stated in Halachah 9.
75.
For there are many who eat this type of produce as food, while it is soft. See Hilchot Berachot 8:6. Needless to say, if it hardens to the point it is no longer edible, it is considered as mere wood (Radbaz).
76.
Since the spices were placed in a wrapping, they could be removed from the food after it was cooked. Their status depends on whether their flavor is retained or not.
77.
The holiness of the Sabbatical year does not rest upon them, for they no longer are considered as food.
78.
I.e., to use the mud for building. Since the straw and hay are fit for use as animal fodder, it is improper to use them for purposes that do not bring direct benefit to man or animals.
79.
Because they are no longer suitable for use as animal fodder. The Ra'avad [based on the Jerusalem Talmud (Shivi'it 9:7)] states that one must actually sleep on the pillow, for the status of the straw to change. The commentaries note, however, that theTosefta (Shivi'it 5:11) does not make such a qualification.
80.
I.e., one should not cook in it while it is hot, so as not to benefit from the kindling of the produce of the Sabbatical year. The license granted in Halachah 20 is not appropriate here, because in this instance, the person is not receiving direct benefit from the burning of the straw (Radbaz).
81.
In his Commentary to the Mishnah (Pe'ah8:1), the Rambam explains that, in Eretz Yisrael, there is one wave of rain at the end of the summer. Afterwards at the beginning of the winter - i.e., depending on the year, between the seventeenth of Cheshvan and the first of Kislev, there is a second wave of rains which are very important for the success of the crops of that land.
82.
The Jerusalem Talmud (Shivi'it 9:7) explains that from the time the rain descends, the straw in the field is no longer fit for an animal to eat. Therefore, there is no longer any restriction on using the straw in one's home.
• English Text | Video Class• "Today's Day"• Sunday, Nissan 2, 5776 · 10 April 2016
Wednesday Nissan 2 5703
Torah lessons: Chumash: Tazria, Revi'i with Rashi.
Tehillim: 10-17.
Tanya: "The reward of (p. 193)...stand before G-d." (p. 195).
Yahrzeit of my father the Rebbe, (R. Sholom Dovber) who passed away on Saturday night, 2 Nissan 5680 (1920), in Rostov, and is interred there.
The first maamar he (R. Sholom Dovber) delivered after the passing of his father (the Rebbe Maharash) was on the second day of Chol Hamoed Sukot 5643 (1882), beginning Keter yitnu l'cha etc. The last public maamar in his lifetime was delivered at the Purim repast 5680, beginning Reishit goyim Amalek...keitz sam lachoshech.
• Daily Thought:
Wonder Making
Do you want to make miracles? It’s not so hard.
Let’s say you see someone’s faults and you truly want to help—whether it be a friend, a spouse, your child or even your nemesis.
Don’t say a word about what you have found wrong. Instead, find something wondrous about that person, perhaps something that nobody ever mentions. Talk about it—to yourself, and to those who will listen and sympathize.
In very little time, you will see such a new person, you will believe you are a maker of wonders.
Indeed, we all are.
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