Daily Quote:
When Moshiach will come (speedily in our time, amen), then we will truly long for the days of the exile. Then we will truly feel distress at our having neglected working at our service of G-d... These days of exile are the days of serving G-d, to prepare ourselves for the coming of Mashiach, speedily in our time...[Rabbi Sholom DovBer of Lubavitch (1860-1920)]
Daily Study]
Chitas and Rambam for today:
Chumash: Tazria, 3rd Portion Leviticus 13:18-13:23 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 13
18If [a person's] flesh has an inflammation on its skin, and it heals, יחוּבָשָׂ֕ר כִּי־יִֽהְיֶ֥ה בֽוֹ־בְעֹר֖וֹ שְׁחִ֑ין וְנִרְפָּֽא:
an inflammation: Heb. שְׁחִין. [This term] denotes heat, that the flesh became heated by the injury caused it by a blow, not by fire. — [Chul. 8a] שחין: לשון חמום, שנתחמם הבשר בלקוי הבא לו מחמת מכה, שלא מחמת האור:
and it heals: The inflammation healed, and in its place, another lesion appeared. [Not that the flesh healed, because, were that the case, there would be no lesion.] ונרפא: השחין העלה ארוכה ובמקומו העלה נגע אחר:
19and on the place of the inflammation there is a white se'eith, or a reddish white bahereth, it shall be shown to the kohen. יטוְהָיָ֞ה בִּמְק֤וֹם הַשְּׁחִין֙ שְׂאֵ֣ת לְבָנָ֔ה א֥וֹ בַהֶ֖רֶת לְבָנָ֣ה אֲדַמְדָּ֑מֶת וְנִרְאָ֖ה אֶל־הַכֹּהֵֽן:
A reddish-white bahereth: [meaning] that the lesion is not solid white, but streaked and blended of two colors, white and red. או בהרת לבנה אדמדמת: שאין הנגע לבן חלק אלא פתוך ומעורב בשתי מראות לובן ואודם:
20The kohen shall look [at it]. And, behold! its appearance is lower than the skin, and its hair has turned white; so the kohen shall pronounce him unclean. It is a lesion of tzara'ath that has erupted on the inflammation. כוְרָאָ֣ה הַכֹּהֵ֗ן וְהִנֵּ֤ה מַרְאֶ֨הָ֙ שָׁפָ֣ל מִן־הָע֔וֹר וּשְׂעָרָ֖הּ הָפַ֣ךְ לָבָ֑ן וְטִמְּא֧וֹ הַכֹּהֵ֛ן נֶֽגַע־צָרַ֥עַת הִ֖וא בַּשְּׁחִ֥ין פָּרָֽחָה:
it appearance is lower than the skin: But its substance is not lower. Rather, because of its whiteness, the lesion [only] appears lower and deeper [than the skin], just as sunlight appears deeper than a shadow. - [Torath Kohanim 13:50] מראה שפל: ואין ממשה שפל, אלא מתוך לבנוניתו הוא נראה שפל ועמוק, כמראה חמה עמוקה מן הצל:
21But if the kohen looks at it, and behold! it does not contain white hair, nor does it appear to be lower than the skin, and it is dim, the kohen shall quarantine him for seven days. כאוְאִ֣ם | יִרְאֶ֣נָּה הַכֹּהֵ֗ן וְהִנֵּ֤ה אֵֽין־בָּהּ֙ שֵׂעָ֣ר לָבָ֔ן וּשְׁפָלָ֥ה אֵינֶ֛נָּה מִן־הָע֖וֹר וְהִ֣יא כֵהָ֑ה וְהִסְגִּיר֥וֹ הַכֹּהֵ֖ן שִׁבְעַ֥ת יָמִֽים:
22And if it spreads on the skin, the kohen shall pronounce him unclean. It is a lesion. כבוְאִם־פָּשׂ֥ה תִפְשֶׂ֖ה בָּע֑וֹר וְטִמֵּ֧א הַכֹּהֵ֛ן אֹת֖וֹ נֶ֥גַע הִֽוא:
It is a lesion: Heb. נֶגַע הִוא. [Here, the pronoun is feminine. Since נֶגַע is masculine, however, it requires the masculine pronoun הוּא. But our verse here uses the feminine הִיא because the word “it” is referring to] this se’eith or this bahereth [both of which are feminine]. נגע הוא: השאת הזאת או הבהרת:
23But if the bahereth remains in its place, not spreading, it is the scar tissue of the inflammation, and the kohen shall pronounce him clean. כגוְאִם־תַּחְתֶּ֜יהָ תַּֽעֲמֹ֤ד הַבַּהֶ֨רֶת֙ לֹ֣א פָשָׂ֔תָה צָרֶ֥בֶת הַשְּׁחִ֖ין הִ֑וא וְטִֽהֲר֖וֹ הַכֹּהֵֽן:
in its place: Heb. תַּחְתֶּיה, [lit., “under it,” here meaning:] In its place. תחתיה: במקומה:
it is the scar tissue of the inflamation: Heb. צָרֶבֶת הַשְּׁחִין, as the Targum [Onkelos] renders it: רוֹשַׁם שִׁיחִנָא, a residual impression of the inflammation, identifiable on the flesh [i.e., a scar]. Every expression of צָרֶבֶת [in Scripture] denotes the contraction of skin that has become shriveled because of heat. Similarly, the verse, “And all faces [from the south to the north] will be shriveled by it” (Ezek. 21:3), retrire in Old French, to contract. צרבת השחין: כתרגומו רושם שיחנא, אינו אלא רושם החמום הניכר בבשר. כל צרבת לשון רגיעת עור הנרגע מחמת חימום, כמו (יחזקאל כא ג) ונצרבו בה כל פנים, רייטרי"ר בלע"ז [לכווץ]:
it is scar tissue: Heb. צָרֶבֶת, retriyemant in Old French, shriveling. צרבת: ריטריימינ"ט בלע"ז [כיווץ]:
Daily Tehillim: Chapter 119, Verses 97-176
• Hebrew text
• English text• Verses 97-176
• Lessons in Tanya• English Text
• English text• Verses 97-176
97. O how I love Your Torah! All day it is my discussion.
98. Your commandments make me wiser than my enemies, for they are ever with me.
99. From all my teachers I have gained wisdom, for Your testimonies are my discussion.
100. I will be more perceptive than elders, because I have guarded Your precepts.
101. I have restrained my feet from every evil path, that I might keep Your word.
102. I have not turned away from Your judgments, for You have instructed me.
103. How sweet are Your words to my palate, [sweeter] than honey to my mouth!
104. From Your precepts I gain understanding, therefore I hate every path of falsehood.
105. Your word is a lamp to my feet and a light to my path.
106. I have sworn-and I will fulfill it-to keep Your righteous judgments.
107. I am afflicted to the extreme; grant me life, O Lord, according to Your promise.
108. Accept with favor, O Lord, the offerings of my lips, and teach me Your laws.
109. My soul is in danger always, yet I have not forgotten Your Torah.
110. The wicked laid a snare for me, yet I have not strayed from Your precepts.
111. I have taken Your testimonies as an eternal heritage, for they are the joy of my heart.
112. I have inclined my heart to perform Your statutes, forever, to the last.
113. I despise vain thoughts, but I love Your Torah.
114. You are my refuge and my shield; I place hope in Your promise.
115. Turn away from me, you evildoers, and I will keep the commandments of my God.
116. Support me according to Your promise, and I will live; let me not be shamed because of my hope.
117. Sustain me, and I will be saved, and I will be engrossed in Your statutes always.
118. You trample all who stray from Your statutes, for their ploy is a lie.
119. You have purged all the wicked of the earth like dross, therefore I love Your testimonies.
120. My flesh bristles from fear of You, and I am in awe of Your judgments.
121. I practiced justice and righteousness; leave me not to my oppressors.
122. Guarantee Your servant goodness; let not the wicked exploit me.
123. My eyes long for Your salvation, and for the word of Your righteousness.
124. Treat Your servant according to Your kindness, and teach me Your statutes.
125. I am Your servant; grant me understanding, that I may know Your testimonies.
126. It is time to act for the Lord; they have abrogated Your Torah.
127. Therefore I love Your commandments more than gold, even fine gold.
128. Therefore I affirmed all Your precepts; I have hated every path of falsehood.
129. Your testimonies are wondrous, therefore does my soul guard them.
130. Your opening words illuminate, enlightening the simple.
131. I opened my mouth and swallowed, because I craved Your commandments.
132. Turn to me and favor me, as is [Your] law for those who love Your Name.
133. Set my steps in Your word, and let no iniquity rule over me.
134. Deliver me from the oppression of man, and I will keep Your precepts.
135. Let Your face shine upon Your servant, and teach me Your statutes.
136. My eyes shed streams of water, because they do not keep Your Torah.
137. Righteous are you, O Lord, and Your judgments are upright.
138. You commanded Your testimonies in righteousness and great faithfulness.
139. My zeal consumes me, because my enemies have forgotten Your words.
140. Your word is very pure, and Your servant cherishes it.
141. I am young and despised, yet I do not forget Your precepts.
142. Your righteousness is an everlasting righteousness, and Your Torah is truth.
143. Trouble and anguish have taken hold of me, yet Your commandments are my delight.
144. Your testimonies are righteous forever; give me understanding, that I may live.
145. I call out with all my heart; answer me, O Lord; I will keep Your statutes.
146. I call out to You; save me, and I will observe Your testimonies.
147. I rose before dawn and cried out; my hope is in Your word.
148. My eyes preceded the night watches, that I may discuss Your word.
149. Hear my voice in keeping with Your kindness; O Lord, grant me life as is Your practice.
150. Those who pursue mischief draw near; they are far from Your Torah.
151. You are near, O Lord, and all Your commandments are truth.
152. From the beginning I discerned from Your testimonies that You had established them forever.
153. Behold my affliction and deliver me, for I have not forgotten Your Torah.
154. Wage my battle and redeem me; grant me life for the sake of Your word.
155. Salvation is far from the wicked, for they seek not Your statutes.
156. Your mercies are great, O Lord; grant me life as is Your practice.
157. My pursuers and my enemies are many, yet I did not turn away from Your testimonies.
158. I saw traitors and I quarreled with them, because they do not keep Your words.
159. Behold how I love Your precepts; grant me life, O Lord, according to Your kindness.
160. The beginning of Your word is truth, and forever are all Your righteous judgements.
161. Princes have pursued me without cause, but it is Your word my heart fears.
162. I rejoice at Your word, like one who finds abundant spoil.
163. I hate falsehood and abhor it, but Your Torah I love.
164. Seven times a day I praise You, because of Your righteous judgments.
165. There is abundant peace for those who love Your Torah, and there is no stumbling for them.
166. I hoped for Your salvation, O Lord, and I performed Your commandments.
167. My soul has kept Your testimonies, and I love them intensely.
168. I have kept Your precepts and Your testimonies, for all my ways are before You
169. Let my prayer approach Your presence, O Lord; grant me understanding according to Your word.
170. Let my supplication come before You; save me according to Your promise.
171. My lips will utter praise, for You have taught me Your statutes.
172. My tongue will echo Your word, for all Your commandments are just.
173. Let Your hand be ready to help me, for I have chosen Your precepts.
174. I long for Your salvation, O Lord, and Your Torah is my delight.
175. Let my soul live, and it will praise You, and let Your judgment help me.
176. I have gone astray like a lost sheep; seek out Your servant, for I have not forgotten Your commandments.
Tanya: Likutei Amarim, end of Chapter 38• Lessons in Tanya• English Text
• Tuesday, Adar II 26, 5776 · April 5, 2016
• Likutei Amarim, end of Chapter 38• כי מי שדעתו יפה לדעת את ה׳ ולהתבונן בגדולתו יתברך
The first level is that of a person discerning enough to know G‑d and to reflect on His greatness,
ולהוליד מבינתו יראה עילאה במוחו, ואהבת ה׳ בחלל הימני שבלבו
and to create out of his understanding a lofty fear in his mind and a love of G‑d in the right part of his heart (the seat of the divine soul’s emotions),
להיות נפשו צמאה לה׳ לדבקה בו
so that his soul thirsts for G‑d [seeking] to cleave to Him
על ידי קיום התורה והמצות, שהן המשכת והארת אור אין סוף ברוך הוא על נפשו לדבקה בו
by fulfilling the Torah and mitzvot, which are the extension and illumination of the Ein Sof-light upon one’s soul by which one may cleave to Him.
In other words, this person’s desire to cleave to G‑d through the only means of doing so, viz., Torah and mitzvot, stems from a love and awe of G‑d created by intellectual appreciation of His greatness. His kavanah in mitzvot (i.e., his desire to cleave to G‑d through mitzvot) thus has an intellectual basis.
ובכוונה זו הוא לומד ומקיים המצות, וכן בכוונה זו מתפלל ומברך
When he studies [Torah] and fulfills the mitzvot [it is] with this kavanah, and likewise when he prays and recites blessings [it is] with this kavanah of cleaving to G‑d Whose greatness he has come to understand.
הרי כוונה זו על דרך משל כמו נשמת המדבר, שהוא בעל שכל ובחירה, ובדעת ידבר
Such kavanah is analogous to the soul of a human being, who possesses intelligence and freedom of choice and who speaks with wisdom, for such kavanah is likewise based on intellect and choice.
ומי שדעתו קצרה לידע ולהתבונן בגדולת אין סוף ברוך הוא
The second level of kavanah is that of a person whose understanding is too limited to know and to reflect on the greatness of the blessed Ein Sof,
להוליד האהבה מבינתו בהתגלות לבו, וכן היראה במוחו, ופחד ה׳ בלבו
so as to create out of his understanding a revealed love in his heart, and also awe in his mind and dread of G‑d in his heart. His level of understanding is inadequate to create a palpable spiritual emotion.
Since one’s observance of the mitzvot is contingent on love of G‑d, and refraining from sin is contingent on fear of G‑d, how can one who cannot evoke these emotions because of his limited understanding fulfill the Torah and mitzvot? What motivates him?
Such a person, the Alter Rebbe will say, is motivated by his arousal of the “hidden love,” the love of G‑d (which also comprises an aspect of fear) hidden in the heart of every Jew.
Even if he cannot arouse this love to a revealed state, where he can actually feel this love (and fear) in his heart, he can surely arouse it in his mind, so that at that level he will experience a conscious desire to attach himself to G‑d. This desire will lead him to study Torah and fulfill the mitzvot, since this is the only way for him to realize his wish.
In this case, his kavanah in Torah study and in mitzvot (i.e., his desire to cleave to G‑d) is based on “instinct”, i.e., on the innate love of G‑d found in his heart. This level of kavanah therefore resembles the soul of an animal, whose actions are instinctive, not rational.
In the Alter Rebbe’s words:
רק שזוכר ומעורר את האהבה הטבעית המסותרת בלבו
He merely recalls and arouses the natural love hidden in his heart,
ומוציאה מההעלם והסתר הלב אל הגילוי במוח, על כל פנים
and brings it out of concealment in his heart to a state of consciousness, in his mind at least (even if he cannot arouse a revealed feeling of love in his heart, surely he can summon it to mental consciousness),
שיהיה רצונו שבמוחו ותעלומות לבו מסכים ומתרצה בריצוי גמור באמת לאמיתו
so that his will in his mind and in the recesses of his heart should approve and consent, with complete willingness and perfect sincerity
למסור נפשו בפועל ממש על יחוד ה׳
to surrender his life in martyrdom, in actual fact (not merely as a figure of speech), for his affirmation of the unity of G‑d (rejecting belief in any other divinity),
כדי לדבקה בו נפשו האלקית ולבושיה, ולכללן ביחודו ואחדותו
in order to attach to Him his divine soul and its garments of thought, speech and action, and to unite them with His unity —
שהוא רצון העליון המלובש בתלמוד תורה וקיום המצות, כנ״ל
which is identical with the Supernal Will that is clothed in Torah study and performance of the mitzvot, as explained above.
Like martyrdom that one undergoes out of love for G‑d, study of the Torah and performance of the mitzvot unite the soul with G‑d. Therefore, one’s arousal of his natural love of G‑d (to the point where he is prepared to offer his life for G‑d’s unity) will also motivate him to fulfill the Torah and mitzvot.
וגם היראה כלולה בה, לקבל מלכותו, שלא למרוד בו, חס ושלום
This [natural love] also comprises fear [of G‑d]: acceptance of His dominion, so as not to rebel against Him, G‑d forbid, through sin.
ובכוונה זו הוא סר מרע ועושה טוב, ולומד ומתפלל ומברך
When, motivated by this kavanah (which is born of his innate love and fear of G‑d), one “turns away from evil”(by refraining from sin) and “does good” (by observing the mitzvot), and studies, prays, and recites the blessings,
בפירוש המלות לבדו, בלא דחילו ורחימו בהתגלות לבו ומוחו
thinking merely of the meaning of the words, without conscious love and fear of G‑d in his heart and mind, which would lend emotional intensity to his prayer; lacking revealed love and fear, he prays only with the meaning of the words; when one fulfills the Torah in this manner,
הרי כוונה זו, על דרך משל, כמו נשמת החי שאינו בעל שכל ובחירה
this level of kavanah is analogous to the soul of an animal, which possesses neither intelligence nor freedom of choice,
וכל מדותיו, שהן יראתו מדברים המזיקים אותו ואהבתו לדברים הנאהבים אצלו, הן רק טבעיים אצלו, ולא מבינתו ודעתו
and whose emotions — its fear of harmful things and its love of pleasing things — are merely natural to it, not a product of its intelligence or understanding.
וכך הן, על דרך משל, היראה והאהבה הטבעיות המסותרות בלב כל ישראל
So, too, by way of example, are the natural love and fear hidden in the heart of every Jew; they, too, are not a product of intelligence or choice,
כי הן ירושה לנו מאבותינו, וכמו טבע בנפשותינו
for they are our inheritance from our Patriarchs, and are like a natural instinct in our souls,
כנזכר לעיל
as mentioned above, in ch. 18.
The Alter Rebbe explained there that the Patriarchs bequeathed to their descendants as an eternal inheritance, a divine soul with an intrinsic love (and fear) of G‑d. Because this love is merely instinctive and natural, its function as motivation(kavanah) for the fulfillment of Torah and mitzvot is likened to the soul of an animal.
To summarize: Both the performance and kavanah of mitzvot are divided into two categories.
The two levels in performance (the “body” of the mitzvot) are analogous to the two classes of “body”-creatures — inanimate beings and plants. They are (a) mitzvot performed with action and (b) mitzvot performed through speech or thought.
The two levels in kavanah (the “soul” of the mitzvot) correspond to the two classes of “soul”-creatures — animals and man. They are: (a) kavanah generated by one’s intellectual contemplation of G‑dliness, and (b) kavanah arising from one’s natural love (and fear) of G‑d.
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Tuesday, Adar II 26, 5776 · April 5, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 131
Declaration of Tithes
"And you shall say before G‑d, your G‑d: 'I have removed the holy from the house, and I have also given it to the Levite, the stranger, the orphan, and the widow...'"—Deuteronomy 26:13.
[This mitzvah is observed on the eve of Passover on the fourth and seventh year of the seven-year Shemitah (Sabbatical) cycle.]
We are commanded to declare before G‑d that we have separated the requisite tithes. We must verbally clear ourselves of these tithes, just as we have physically parted with them.
Full text of this Mitzvah »• Declaration of Tithes
"The first fruits of your land that ripen you shall bring to the house of G‑d, your G‑d"—Exodus 23:19.
We are commanded to separate the first fruit that ripen and bring them to the Holy Temple, where they are given to the priests.
This mitzvah only applies when the Temple is standing, and only to produce of the "Seven Kinds" [wheat, barley, grapes, figs, dates, pomegranates, and olives] that grew in Israel (on the east or west bank of the Jordan) and certain lands that adjoin Israel.
Full text of this Mitzvah »
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Tuesday, Adar II 26, 5776 · April 5, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Positive Commandment 131
Declaration of Tithes
"And you shall say before G‑d, your G‑d: 'I have removed the holy from the house, and I have also given it to the Levite, the stranger, the orphan, and the widow...'"—Deuteronomy 26:13.
[This mitzvah is observed on the eve of Passover on the fourth and seventh year of the seven-year Shemitah (Sabbatical) cycle.]
We are commanded to declare before G‑d that we have separated the requisite tithes. We must verbally clear ourselves of these tithes, just as we have physically parted with them.
Full text of this Mitzvah »• Declaration of Tithes
Positive Commandment 131
Translated by Berel Bell
The 131st mitzvah is that we are commanded to make a proclamation of the kindness G‑d has bestowed upon us; and that we have separated the obligatory ma'asros and terumos. We must verbally clear ourselves from them just as we have physically cleared them from our premises. This is called vidui ma'aser.1
The source of this commandment is G‑d's statement,2 "And you must declare before G‑d your L‑rd: 'I have removed all the sacred portions from my house; I have given the appropriate ones to the Levite and to the orphan and widow....' "
The details of this mitzvah, and the manner and process of removing the tithes are explained in the last chapter of tractate Ma'aser Sheni.
FOOTNOTES
1.The declaration is made on the seventh day of Pesach in the 4th and 7th years of the shemittah cycle.
2.Deut. 26:13.
The First Fruits"The first fruits of your land that ripen you shall bring to the house of G‑d, your G‑d"—Exodus 23:19.
We are commanded to separate the first fruit that ripen and bring them to the Holy Temple, where they are given to the priests.
This mitzvah only applies when the Temple is standing, and only to produce of the "Seven Kinds" [wheat, barley, grapes, figs, dates, pomegranates, and olives] that grew in Israel (on the east or west bank of the Jordan) and certain lands that adjoin Israel.
Full text of this Mitzvah »
• The First Fruits
Positive Commandment 125
Translated by Berel Bell
The 125th mitzvah is that we are commanded to separate first-fruits [bikkurim] and to bring them to the Bais Hamikdosh.
The source of this commandment is G‑d's statement,1 "Bring your first fruits to the house of G‑d your L‑rd."
It is clear that this mitzvah applies only when the Bais Hamikdosh is standing; that one brings fruit only from Eretz Yisroel, Syria, and the east side of the Jordan; and only fruit from the seven species.2
The details of this mitzvah are explained in tractate Bikkurim. There it is explained that bikkurim become the kohen's property.
FOOTNOTES
1.Ex. 23:19.
2.Wheat, barley, grapes, figs, pomegranates, olives, and dates.
Positive Commandment 125
• 1 Chapter: Maaseh Hakorbanot Maaseh Hakorbanot - Chapter 4 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Maaseh Hakorbanot - Chapter 4
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Halacha 1
All of the sacrifices may be offered only during the day,1 as [can be inferred from Leviticus 7:38]: "On the day when He commanded the children of Israel to offer their sacrifices." [Implied is] during the day and not at night. Therefore sacrifices are slaughtered only during the day and their blood is sprinkled [on the altar] on the day of the slaughter, as [can be inferred from ibid.:16]: "On the day he offers his sacrifice." Implied is that on the day the sacrifice is slaughtered, it should be offered.2 When the sun sets [on that day], the blood is disqualified.3
Halacha 2
As long as the elements that cause a sacrifice to be permitted were offered4during the day, [the other elements of] the sacrifice may be offered on the altar throughout the night.
What is implied? When the blood of sacrifices was sprinkled during the day, their eimorim5 may be offered on the fire of the altar at night until dawn.6Similarly, the limbs of the burnt-offerings may be offered on the fire of the altar until dawn.7 In order to distance [a person] from inadvertent transgression,8 our Sages declared that the eimorim and the limbs of the burnt-offerings should only be offered on the fire of the altar until midnight.
Halacha 3
Even though the eimorim and the limbs [of the sacrifices] may be offered on the fire of the altar at night, they may not be willingly delayed. Instead, an attempt should be made to offer everything during the day, for it is desirable that a mitzvah be performed at its designated time. [The importance of this can be seen from the fact that] the offering of the eimorim and the limbs [of the sacrifices] on the fire of the altar supersedes the Sabbath prohibitions on that day. We do not delay this until Saturday night.9
Halacha 4
Any element of a sacrifice that may be offered only during the day, e.g., the handful [of flour from the meal-offering], the frankincense [from the meal-offering], the incense offering, and the meal-offerings that are burnt [on the altar],10 may be offered [on the altar] at sunset.11 They then continue to be consumed [by the altar's fire] the entire night like the limbs of the burnt offerings.
Halacha 5
The libations that are offered with sacrifices12 are only offered during the day,13 as [Numbers 29:39] states: "And for their libations and for their peace-offerings." An association is established between the peace-offerings and the libations. Just as the peace-offerings [are offered only] during the day, so too, the libations must be offered during the day. Nevertheless, the libations that are offered independently may be sanctified at night and offered at night.14Therefore if it happens that a person obtains libations that are brought independently, he should15 sanctify them at night and offer them at night.16Dawn disqualifies [these libations], as it disqualifies the limbs of the burnt-offering.17
Halacha 6
The entire day is acceptable for semichah, slaughter, severing a fowl's head,18 offering objects on the altar's fire, bringing [meal] offerings to the altar,19 sprinkling [blood on the altar], waving [sacrificial offerings],20 taking a handful of the meal offering,21 and bringing the Musaf offering.22 The entire night is acceptable to offer the eimorim and the limbs on the altar's fire.23
This is the general principle: When the mitzvah is to perform a particular act during the day, it is acceptable throughout the day. If the mitzvah is to perform the act at night, it is acceptable throughout the night. Nevertheless, the eager hasten to perform the mitzvot.24
Halacha 7
Halacha 8
Whenever one received less than the amount of blood need to sprinkle it on the altar27 from any of the sacrifices, the blood does not become consecrated. [As an initial preference,] one should have the intent of receiving all the [animal's] blood.
What should be done? One should hold the windpipe and the gullet28 in his hand, and together with the jugular vein, place them inside a basin29 and slit both of them - or their majority30 - so that all of the blood will be received in the basin. [After the slaughter,] the knife should be lifted up, so that the blood does not flow down along it, but rather from the neck. He should wipe off the blood that is on the knife on the [outer] edge of the basin.31
Halacha 9
The space above the basin is considered as if it is inside the basin.32 If one was receiving the blood [of a sacrificial animal] and the bottom of the basin opened before the blood reached the open space of the bottomless basin, the blood is not consecrated. [The rationale is that when the blood enters] space in which it will ultimately not come to rest, it is not considered as if it came to rest.33
Halacha 10
With regard to all of the sacrifices, the person performing the service34must have the intent of offering the proper type of sacrifice for the sake of the person bringing it at the time of slaughter, at the time the blood is received, at the time it is brought to the altar, and at the time that it is dashed on the altar,35as [indicated by Leviticus 7:15]: "And the meat of his thanksgiving, peace-offering." [Implied is that] the slaughter together with the [three other] services must be for the sake of his peace-offering.36 Similar concepts apply with regard to other sacrifices.
Halacha 11
At the time of the slaughter of [an animal designated as] a burnt-offering,39[the person offering it] must have six things in mind, [that the animal be slaughtered]: for the sake of the [desired] sacrifice,40 for the sake of the person bringing it,41 that it be sacrificed unto God, blessed be He, that it be consumed by fire,42 that its consumption by fire be for the sake of generating a [pleasing] fragrance,43 and that the fragrance be pleasing before God. If he slaughtered [the animal] without any intent, it is acceptable, as explained.44
One who slaughters [an animal as] a sin-offering or a guilt-offering should have the intent that [the sacrifice atone] for the sin which he committed.45
FOOTNOTES
1.
In this chapter, the Rambam lists the time limits associated with bringing the sacrifices and describes the intent with which the sacrifices must be offered.
2.
I.e., its blood should be sprinkled on the altar.
3.
As is the entire sacrifice (Hilchot Pesulei HaMukdashim 1:37).
4.
I.e., the blood of the sacrifice was sprinkled on the altar (Radbaz).
5.
The fats and inner organs of the animal that are offered on the altar.
6.
The appearance of the first glimmerings of the light of the sun on the horizon more than an hour before sunrise.
7.
As Leviticus 6:2 speaks of "the burnt-offering... on the altar, the entire night until the morning."
8.
I.e., "lest time become pressing and they would not be offered until the following day" [the Rambam's Commentary to the Mishnah (Berachot 1:3)]. Rashi (at the beginning of his commentary to Berachot) and other authorities differ and maintain that such a safeguard was not instituted.
9.
When there would be no prohibition involved in offering them.
10.
For example, the meal-offerings brought by the priests. See Chapter 12.
11.
Provided certain conditions are met, these may be offered on the altar even after the afternoon daily sacrifice has been offered. See Hilchot Temidim UMusafim 1:6 and notes.
12.
As accompanying offerings. See Chapter 2, Halachah 1.
13.
They need not be offered on the day the sacrifice is offered, but they must be offered during the day.
14.
Since they were not associated with a particular sacrifice, there are no limits as to when they may be offered.
15.
Our translation follows the gloss of the Radbaz who maintains that it is preferable for him to offer them at night, for the libations should be consecrated and offered at the earliest possible opportunity. Hence, if it is possible for him to do so by day, he should do so by day. If that option becomes available at night, he should not wait for the next day.
16.
This is acceptable even as an initial preference.
17.
I.e., one might think that since they were sanctified at night, they would not be disqualified until the end of the next day. Hence, it is necessary to state that this is not so.
18.
See Chapter 7, Halachah 6.
19.
See Chapter 12, Halachah 6.
20.
See, for example, Chapter 9, Halachah 7.
21.
See Chapter 13, Halachot 12-13.
22.
The word "day" is mentioned in either the verse commanding the ritual acts mentioned or in a verse associated with them. Our Sages inferred that these ritual acts could only be performed during the day (seeMegilah 20b).
23.
I.e., according to Scriptural Law. See Halachot 2-3 above.
24.
I.e., one should endeavor to perform them at the earliest possible opportunity.
25.
See Hilchot Shechitah 1:14 and notes.
26.
The Radbaz explains that the rationale is that slaughter is not considered part of the sacrificial service, as evidenced by the fact that it may be performed by a non-priest.
27.
The laws governing the sprinkling of the blood are described in the following chapter.
28.
The Rambam refers to these with the termsiman, "signs," for they are the organs which, when slit in the desired manner, indicate that ritual slaughter is acceptable.
29.
The Rambam is quoting Zevachim 25a-b. As indicated by the conclusion of the halachah, it appears that the intent is not that the animal's neck should be held inside the sacred basin - for then, it would be difficult to perform the slaughter - but rather, above it (see Radbaz).
30.
In Hilchot Shechitah 1:9, the Rambam states: "Superior slaughter involves cutting both [the windpipe and the gullet], whether for an animal or a fowl, and a slaughterer should have this intent. [After the fact,] if one cut the majority of one of them for a fowl and the majority of both of them for an animal or a beast, the slaughter is acceptable."
31.
So that the blood will not flow into the basin (Radbaz, Kessef Mishneh).
32.
Our division of the halachot is based on the authentic manuscripts of the Mishneh Torah. The standard published text has a slightly different version.
33.
The question is whether the blood is considered as if it came to rest in the basin and then spilled out (in which instance, it would be acceptable to be gathered from the floor) or whether it spilled directly on the floor and was hence, disqualified (Rashi,Zevachim 25b). The Rambam is stating that since the blood is not going to come to rest in the bottomless basin, it is considered as if was spilled out.
Note the Radbaz who maintains that even if the utensil has a hole in it, if the blood is able to be collected, it is acceptable.
34.
His intent is significant and not the intent of the person who donated the sacrifice [the Rambam's Commentary to the Mishnah (Zevachim 4:6); Hilchot Pesulei HaMukdashim 14:1].
35.
Although there are many activities connected with a sacrifice being offered, these four activities are considered the ones that are significant with regard to whether or not the sacrifice is disqualified.
36.
The process of Biblical exegesis through which these concepts are derived is explained in Zevachim 4a-b.
37.
If, however, they were sacrificed with a different intent, the sacrifice is acceptable, but the person is not considered to have fulfilled his obligation (Zevachim 2a).
38.
From the Rambam's words, it appears that this is not true with regard to a sin-offering or a guilt-offering or the Paschal sacrifice. The Radbaz and the Kessef Mishneh note that from Zevachim 46b, it would appear that even those sacrifices are acceptable as long as one does not have a wrong intent. It is only when one has a wrong intent that they are disqualified. The Radbaz maintains that even though those sacrifices are not disqualified, the person bringing them is not considered to have fulfilled his obligation. The Kessef Mishneh does not accept this explanation and leaves his question of the Rambam's ruling unresolved.
39.
The commentaries discuss whether these concepts apply with regard to the peace offerings as well. From the Rambam's words, it would appear that the general intent applies to the peace-offerings, some of the particulars the Rambam mentions obviously do not.
40.
I.e., he must know the type of offering for which he is slaughtering an animal (Rashi,Zevachim 46b).
41.
I.e., and not for someone else (ibid.).
42.
Rather than roasted for human consumption (ibid.).
43.
That they be burnt on the altar and not elsewhere and then brought to the altar (ibid.).
44.
In the previous halachah.
45.
See Hilchot Pesulei HaMukdashim 15:6.
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• Tuesday, Adar II 26, 5776 · 05 April 2016
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Halacha 1
Halacha 2
This declaration is made only after the year in which the tithe for the poor is separated,5 as [Deuteronomy 26:12-13] states: "When you complete tithing, and you shall declare before God your Lord: 'I have removed all the sacred substances from the house...'"
Halacha 3
When is this declaration made? On the afternoon of the last festival6 of the Pesach holiday7 of the fourth and seventh year, as [the prooftext] states: "When you complete tithing...," i.e., on the festival when all the tithes are completed. Pesach of the fourth year will not arrive before all of the produce - both those that grow from the earth and those that grow from trees - have been tithed.
Halacha 4
Halacha 5
Halacha 6
[The proper way of performing] the mitzvah is to recite the declaration in the Temple, as [implied by] the phrase: "before God." [Nevertheless,] if he made the declaration in any other place, he fulfilled his obligation.
Halacha 7
A person may not make this declaration until he has disposed of all the agricultural presents in his possession.15 For in the declaration he states: "I have removed all the sacred substances from the house."16 On the day before the final day of the Pesach festival,17 one must remove [the lasts of the presents] and on the following day, the declaration is made.
Halacha 8
What must one done? If he has terumah or terumat ma'aser in his possession, he should give them to a priest. The first tithe should be given to a Levite and tithe of the poor to the poor. If produce that was definitely from the second tithe or neta reva'i18 or money from their redemption remained in his possession, he must destroy it and cast it in the sea or burn it.19 If the second tithe of demai remains in his possession, he is not obligated to destroy it.20 If the first fruits remain in his possession, they may be destroyed in any place.
Halacha 9
When does the obligation to burn and remove apply? When there remains in his possession [fresh] produce that one cannot consume before the commencement of the holiday. If, however, cooked food from the second tithe or neta reva'i remain, it need not be removed, for cooked food is considered as if it was removed.21 Similarly, wine and spices are considered as if they were removed.22
Halacha 10
Halacha 11
When produce belonging to a person was distant from him [when] the time for its removal arrived,25 he should designate the presents [appropriately]26 and transfer them to their owners by giving them together with land.27 Alternatively, [he may give them to] someone who will acquire them for their owners. He may then recite the declaration the following day.
[The rationale is] that transferring movable property to a person together with landed property is a present that has been strengthened. He may not, however, transfer [the produce from] the tithes to them via an exchange,28because it resembles a sale and [the Torah] speaks of giving, not selling, the tithes, terumah, and the other presents.29
Halacha 12
What source teaches that he cannot recite the declaration until he removes all the presents [from his possession]? [It is written:] "I have removed all the sacred substances from the house." "The sacred substances" refers to the second tithe and neta reva'i which are called "sanctified."30 "From the house" refers to challah, for it is a present given to the priests in one's home.31 [The prooftext continues:] "I gave it to the Levite" - this refers to the first tithe. "And I also gave it" - this implies that it was preceded by another present, i.e., the great terumah and terumat ma'aser. "To the stranger, the orphan, and the widow" - this refers to the tithe given to the poor, leket, shichachah, and pe'ah. [The latter three are mentioned] even though [the failure to give them] does not prevent recitation of the declaration.32
Halacha 13
The presents must be separated according to the desired order33 and afterwards, the declaration is made, as [implied by the continuation of the verse:] "according to all Your mitzvot which You commanded me." Thus if he gives the second tithe before the first tithe, he cannot recite this declaration.34
If a person's tevel is burnt, he cannot make this declaration, for he did not separate the presents or give them to the people designated. In the era when the first tithe was given to the priests,35 the declaration was not made, [because it contains the words:] "I gave it to the Levite."
Halacha 14
When a person possesses only the second tithe, he should make the declaration, for the fundamental dimension of the declaration concerns the [second] tithe.36 Similarly, if he possesses only the first fruits, he should make the declaration, for [the prooftext] states: "I removed the holy substances" and the first type of produce that is holy is the first fruits.37 When, however, a person only possesses terumah, he does not recite the declaration,38because terumah [in and of itself] does not require a declaration except as part of all the presents [together].
Halacha 15
[The prooftext continues:] "I did not violate your commandments,"39 i.e., he did not separate from one species for another, nor from produce that has been reaped for produce that is still attached to the ground, nor from produce that is attached, nor from produce from the present year for that of the previous year, nor from produce of the previous year for that of the present year.40
[The prooftext continues:] "I did not forget," I did not forget to bless Him and recall His name with regard to them.41 "I did not partake of it in a state of acute mourning";42thus if he partakes of it in a state of acute mourning, he does not recite the declaration. "I did not partake of it in a state of impurity," thus if he separates it in a state of acute mourning, he does not recite the declaration. "I did not give of it to a corpse." This implies that he did not use [money from the redemption of the tithes] for a coffin or shrouds, nor did he give it to other people in a state of mourning. "I heeded the voice of God my Lord," i.e., I brought it to the Temple.43 "I performed everything that You commanded me," I rejoiced. And I shared that rejoicing with others with it, as [Deuteronomy 26:11]: "And you share rejoice in all the good."
Halacha 16
[The passage continues:] "Look down from Your holy habitation heaven... as You swore to our ancestors, a land flowing with milk and honey." This is a prayer that the fruits be flavorful.
Halacha 17
Israelites and mamzerim44 may make this declaration, but not converts and freed slaves, because they do not have an ancestral portion in Eretz Yisrael45and in the declaration one says: "And the land that You gave us." Priests and Levites may make the declaration. Although they did not receive a portion in the division of the land, they were granted cities in which to dwell.46
Blessed be God who grants assistance.
FOOTNOTES
1.
In other contexts, the term used by the Rambam here (and by the previous Rabbinic sources) usually means "confession." Among the reasons why this term is used is because the fact that theterumah and the tithes are given to the priests and Levites is a result of the Jews' sin. Had that not occurred, these agricultural separations would have been given to the firstborn.
2.
I.e., in the Temple.
3.
See Halachah 12.
4.
Sefer HaMitzvot (positive commandment 131) and Sefer HaChinuch (mitzvah 607) include this commandment among the 613 mitzvot of the Torah.
5.
The third and the sixth years of the seven year cycle.
6.
Rashi and others, by contrast, maintain that this declaration should be made on the first day of the Pesach holiday. The Rambam's opinion is based on the Jerusalem Talmud (Ma'aser Sheni 5:10) which states that the Jews were given the opportunity to partake of the second tithe throughout the Pesach holiday so that they would have ample resources with which to celebrate and partake of this food. For that same reason, the declaration is delayed until the afternoon.
7.
For on Sukkot, there are still many fruits from the sixth year in the field (Radbaz; Siftei Cohen 331:159).
8.
A declaration made at night is unacceptable.
9.
From sunrise to sunset. The above statement that it is made in the afternoon was a leniency intended to provide a person with latitude.
10.
For, as stated in Hilchot Terumah 1:1, the laws of terumah and the other agricultural requirements apply even if the Temple is not standing.
11.
The Ra'avad differs and maintains that the mitzvah to make a declaration applies only in the Temple. The Radbaz supports the Rambam's ruling, explaining that it is based on the Halachah 6. Since, after the fact, one fulfills his obligation if he makes the declaration outside the Temple, when there is no Temple, there is no choice but to accept that alternative.
12.
It must, however, be an exact translation. Note the contrast to the declaration made when bringing the first fruits (Hilchot Bikkurim 3:10).
13.
I.e., this is the desirable manner of performing the mitzvah (Siftei Cohen331:161).
14.
Note the Minchat Chinuch (Mitzvah 607) which states that the Rambam is speaking about a situation where one person speaks out loud and the others fulfill their obligation by listening.
15.
The Minchat Chinuch and others question why the removal of the presents from one's property is not considered as an independent mitzvah.
16.
And if he still possessed these presents, he would be lying. See the following halachot.
17.
The standard published text of Ma'aser Sheni 5:6 states "The day before the first holiday of the Pesach festival." The Rambam apparently had a different version of that mishnah. The Kessef Mishnehjustifies the Rambam's version, explaining that on the passage from the Jerusalem Talmud cited above which explains that the declaration was delayed so that the people would be able to partake of the presents during the festival indicates that they would not have to remove the presents from their possession until the festival's conclusion.
18.
This halachah is based on Ma'aser Sheni5:6. That mishnah does not mention neta reva'i. Nevertheless, the Rambam adds it because all the laws that apply to the second tithe apply to it (Kessef Mishneh).
19.
Thus there are two types of biur, removal of agricultural presents: giving presents to those to whom they are supposed to be given and destroying, those which one keeps for oneself (ibid.).
20.
Since the obligation to separate it was imposed only because of a doubt, we rule leniently.
21.
For if it is left for any significant amount of time, it will spoil [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:6)].
22.
For they also will spoil if left for any significant amount of time.
23.
One third of its growth, as stated in Hilchot Ma'aserot 2:5.
24.
Since the produce has not reached this stage of development, there is no obligation to tithe it. Hence, it need not be removed or included in the declaration.
25.
Ma'aser Sheni 5:9 relates that once when the time to remove produce arrived, Rabban Gamliel was on a sea journey and could not physically give the produce to anyone else. He therefore transferred the presents to other sages in the manner described here. Since Rabbi Elazar ben Arach was a priest, he gave him terumah, Rabbi Yehoshua was a Levite and so he gave him the tithes, and since Rabbi Akiva was a collector of gifts for the poor, he gave him the tithes for the poor.
26.
And specify in which portion of the grainheap they are located.
27.
See Hilchot Mechirah, ch. 6, which describes how this transfer of property operates. This means of transfer is used, because this is the only way the ownership produce can be given to these individuals without an actual physical transfer.
28.
The term "exchange" is translated the Hebrew kinyan chilipin, a legal act that formalizes a transaction. See Hilchot Mechirah, ch. 5, for a description. Although this legal act is frequently employed, it is not appropriate in this instance, because the gift would resemble a sale and not a present.
29.
As stated in Deuteronomy 26:13.
30.
See Chapter 9, Halachah 1.
31.
I.e., it is not given until the grain is made into dough [the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:10)].
32.
The commentaries have pointed out a difference between leket, shichachah, andpe'ah and the other presents. For the Torah does not prescribe giving the latter three to the poor, but rather leaving them for them.
33.
See Hilchot Terumah 3:23 with regard to the desired order of the presents.
34.
For he cannot say: "As You commanded me," since by deviating from the desired order, he did not fulfill the mitzvot "as commanded." Indeed, he committed a transgression.
35.
When Ezra led the Jews back to Eretz Yisrael after the Babylonian exile, by and large, the Levites did not accompany him. Therefore, he punished them, decreeing that the tithes should be given to the priests instead (Hilchot Ma'aser 1:4). From the Rambam's statements here and also in that source, some have inferred that Ezra's decree applied only in his generation and not in later eras. This conclusion is not, however, borne out by his Commentary to the Mishnah (ibid. 5:15)].
36.
Of them all, it is the only one that must be destroyed as stated in Halachah 8.
37.
And it must also be removed from one's possession.
38.
The Kessef Mishneh states that the same rule applies to the first tithe. For neither of them must be removed from one's possession at a given time.
39.
Although the Rambam explains the details of this declaration, the intent is not that one should explain it while reciting it. Instead, he should merely read the passage as it is stated in the Torah [the Rambam's Commentary to the Mishnah (Ma'aser Sheni5:13)].
40.
See Hilchot Terumah 5:18; 5:9, 5:11, andHilchot Ma'aser 1:12 which explains that separating the presents in such a manner is forbidden.
41.
Some interpret this as referring to the recitation of a blessing when making the separations. The commentaries question these interpretations, however, because the blessings were instituted by the Rabbis and here we are speaking of the exegesis of a Biblical verse. Others maintain that it refers to reciting grace after partaking of the grain, for that is a Scriptural command.
42.
See Chapter 3, Halachah 5ff.
43.
This refers to the first fruits. The second tithe need not be brought to the Temple.
44.
A child born out of an adulterous or incestuous union. Even though they are forbidden to marry, they are considered heirs and are granted their ancestral heritage.
45.
Although they may purchase land in Eretz Yisrael, they were not granted an ancestral heritage when the land was divided among the tribes and thus there is no portion ofEretz Yisrael that is theirs in an ultimate sense. For during the Jubilee year, any purchased land will return to its owner. Note the contrast to the declaration concerning the first fruits which they are required to make (Hilchot Bikkurim 4:3).
46.
As related in Numbers, ch. 35, in addition to the six cities of refuge, the Levites were given 42 cities that were scattered throughout the entire land of Eretz Yisrael.
Bikkurim - Chapter 1
Halacha 1
Halacha 2
Halacha 3
Eight of the presents may be eaten by the priests only in the Sanctuary, within the walls of the Temple Courtyard.6 Five of them may be eaten only in Jerusalem within the walls of the city.7 According to Scriptural Law, there are five presents that are acquired [by the priests] only in Eretz Yisrael.8 There are five presents that they acquire both in Eretz Yisrael and in the Diaspora.9And there is one present that that they acquire from the Temple's [property].10
Halacha 4
What are the eight that may be eaten only in the Temple? The meat of the sin offering - this includes both sin-offerings of fowl and sin-offerings of animals,11the meat of a guilt-offering,12 whether a definite guilt-offering or a guilt-offering brought because of doubt,13 communal peace offerings,14 [the portion of] the omer offering that remains,15 [the portion of] an Israelite's meal offering that remains,16 the two loaves [offered on Shavuot],17 the show bread,18 and the log of oil brought by a metzora.19 [All of] these may be eaten only in the Temple.
Halacha 5
What are the five that are eaten only in Jerusalem? The breast and the leg of the peace offering,20the portion granted [the priests] from the thanksgiving offering,21the portion granted [the priests] from the ram brought by a nazirite,22the firstborn of a kosher animal,23 and the first fruits.24 [All of] these may be eaten only in Jerusalem.
Halacha 6
What are the five [that are given] in Eretz Yisrael? Terumah, terumat ma'aser, and challah - these three are sanctified,25 the first shearings,26 and an ancestral field [that was consecrated]27 - these are ordinary property. [The priests are granted] these according to Scriptural Law only in Eretz Yisrael.28Terumot and challot from Eretz Yisrael may be eaten only in Eretz Yisrael.29
Halacha 7
What are the five that the priests acquire in all places? The presents [given when slaughtering animals],30 [the money given for] the redemption of a firstborn [son],31 [the lamb given for] the redemption of a firstborn [donkey],32[property] stolen from a convert [who died heirless],33 and dedication offerings.34 These five are are ordinary property.
Halacha 8
Halacha 9
The eight presents that may be eaten only in the Sanctuary are all sacrifices of the most holy order. They may be eaten only by male priests, as will be explained in the appropriate place.37 Concerning them, [Leviticus 6:22] states: 'All males among the priesthood shall partake of it.
Halacha 10
The five [presents that may be eaten only] in Jerusalem are all sacrifices of lesser sanctity.38 [Both] males and females [of the priestly family] may partake of them.39 Concerning them, [Numbers 18:11] states: 'To you, and your sons and your daughters with you have I given them as an eternal decree.' [Although woman may partake of them,] they are granted only to the males of the priestly family. For they are given to the men of the watch [serving in the Temple].40
The fat and the blood of the firstborn [of kosher animals] was offered and only a male was allowed to offer it.41 Similarly, the hides of the sacrifices of the most sacred order, an ancestral field, dedication offerings, and the stolen property of a convert are acquired only by the men of the priestly watch [of that week], as will be explained.
Similarly, the redemption of firstborn [sons is given] only to males of the priestly family, for concerning it, [Numbers 3:48] states: 'And you shall give the money to Aaron and his sons.' [Similarly, the redemption of] a firstborn donkey [is given] to males of the priestly family, for all the laws of the firstborn are parallel. [The redemption is given] to males and not females.
Halacha 11
Thus you have learned that the presents given [directly] to females like males are five: terumah,42 terumat ma'aser, challah,43 the presents given when slaughtering an animal,44 and the first shearings.
What is the source that teaches that the first shearings may be given to a woman of the priestly family? 'The first of your grain, your wine, and your oil, and the first shearings of your flock shall you give to him' [Deuteronomy 18:4]. [The verse establishes an equivalence:] Just as [terumah,] the first of the grain, may be given to females as well as males, so too, the first shearings.
Halacha 12
0ur Sages45 reckoned these presents in another manner, stating: 24 presents for the priests were given to Aaron. They are 10 in the Temple, 4 in Jerusalem, and 10 in the outlying areas.
Halacha 13
The ten in the Temple are: a) an animal brought as a sin-offering, b) a fowl brought as a sin-offering, c) a guilt-offering, d) a guilt-offering brought because of doubt, e) the communal peace-offerings, f) the log of oil brought by a nazirite, g) the two breads, h) the show bread, i) the remnants of the meal offering, and j) the remnants of the omer offering.
Halacha 14
The four in Jerusalem are: a) the firstborn [kosher animal], b) the first fruits, c) the portion granted [the priests] from the thanksgiving offering and the portion granted [the priests] from the ram brought by a nazirite, and d) the hides of the sacrifices.46
Halacha 15
The ten in the outlying areas are: a) terumah, b) terumat ma'aser, c) challah, d) the first shearings, e) the presents given when slaughtering an animal, f) the redemption of a firstborn [son], g) the redemption of a firstborn donkey, h) a field that was designated as a dedication offering, i) an ancestral field, and j) the stolen property of a convert.
According to this reckoning, all of the portions given the priests from sacrifices of lesser sanctity are considered as one present. This includes: the breast and the leg that is given [the priest] from every peace offering, together with the bread that is given with them if [the peace offering] was a thanksgiving offering47 and the foreleg given the priest from the nazirite's ram, with the bread given with it, and the breast and the leg.48 Since they are all peace offerings, all of the portions given the priests are considered as one present.
Halacha 16
AIl of the presents that are dependent on the sacrifices will be explained in their appropriate places in the laws of sacrifices.49 Similarly, [the laws pertaining to] the stolen property of a convert will be explained in Hilchot Gezeilah.50We have already explained the laws governing an ancestral field and dedication offerings in Hilchot Arachin51 and the laws ofterumah andterumat ma'aser in Hilchot Terumah. In the present halachot, I will explain the laws of the [priestly] presents that are not dependent on the sacrifices: the first fruits,52 challah,53 the presents given when slaughtering an animal,54 the first shearings,55 the redemption of a firstborn son,56 the redemption of a firstborn donkey.57
FOOTNOTES
1.
The Rambam specifies and categorizes them in this chapter.
2.
Numbers 18:19 speaks of 'an eternal covenant of salt.' It is called a covenant of salt, because just as salt never spoils, so too, this covenant will endure forever (Rashi).
3.
The Kessef Mishneh notes that Menachot18b, the Rambam's apparent source, states: 'Any priest that does not acknowledge the priestly service does not receive a portion of the priesthood.' The Kessef Mishnehquestions why the Rambam changes the wording of his source.
4.
E.g., like terumah or the first fruits which are referred to as 'holy.'
5.
These presents also include elements of the sacrificial offerings. The Rambam speaks about the mitzvah to partake of these sacred foods in Hilchot Ma'aseh HaKorbanot10:1-2. And see Hilchot Terumah 15:22 which describes partaking of terumah.
6.
See Halachah 4. The division of the presents into these categories is not found in a prior Rabbinic source, but instead, was made by the Rambam himself (Kessef Mishneh).
7.
See Halachah 5.
8.
See Halachah 6.
9.
See Halachah 7.
10.
See Halachah 8.
11.
In Halachah 13, however, the Rambam's considers these two as separate presents. As the Radbaz clarifies, there is a difference in the procedure involved in these two offerings. See Hilchot Ma'aseh HaKorbonot1:1; 10:3.
12.
See Hilchot Ma'aseh HaKorbanot 9:1, 10:3.
13.
In Halachah 13, however, the Rambam's considers these two as separate presents. As the Radbaz clarifies, there is a difference in the procedure involved in these two offerings. See Hilchot Ma'aseh HaKorbonot1:1; 10:3.
14.
See Hilchot Ma'asehHaKorbanot1:4, 9:4.
15.
I.e., the portion that remains after a handful is taken to be offered on the altar. SeeHilchot Temidim UMusafim 7: 12.
16.
I.e., the portion that remains after a handful is taken to be offered on the altar. An Israelite's offering is mentioned in contrast to that of a priest which is offered on the altar entirely. See Hilchot Ma'aseh HaKorbanot10:2-3, 12:9.
17.
See Hilchot Temidim UMusafim 8:11.
18.
See Hilchot Temidim UMusafim4:9.
19.
SeeHilchot Mechusrei Kapparah 4:3.
20.
SeeHilchot Ma'aseh HaKorbanot 10:4-5.
21.
See ibid. 9:12.
22.
See ibid. 9:12.
23.
See Hilchot Bechorot 1:2.
24.
See Chapter 3, Halachah 3.
25.
And must be eaten in a state of ritual purity.
26.
See Chapter 10, Halachah 1.
27.
See Hilchot Arachin VaCharamim 4:1-2, 19.
28.
According to Rabbinic Law, terumah andchallah are also separated in the Diaspora.
29.
On the contrary, if they are taken to the Diaspora, they become impure (see Hilchot Terumah 2:17).
30.
The foreleg, the jaw, and the maw; see Chapter 9, Halachah 1.
31.
See Chapter 11.
32.
See Chapter 12.
33.
See Hilchot Gezeilah 8:5.
34.
See Hilchot Arachin VaCharamim6:4.
35.
The Rambam puts this present in a category of its own, because unlike all of the above which were given by individuals, this present comes from the Temple's property (Radbaz). Once the hides are given to the priests, they are considered as ordinary property and may be used for mundane purposes.
36.
See Hilchot Ma'aseh HaKorbanot 5:19.Hilchot Pesulei HaMukdashim 19:9.
37.
Hilchot Ma'aseh HaKorbanot 9:1, 10:3, 12:3.
38.
See Hilchot Ma'aseh HaKorbanot 1:17 with regard to the sacrifices of lesser sanctity. Chapter 3, Halachah 1, equates the first fruits with those sacrifices.
39.
See Hilchot Ma'aseh HaKorbanot 10:17.
40.
As explained in Hilchot K'lei HaMikdash 4:3, the priestly family was divided into 24 watches. Each one would serve in the Temple for a week. During that week, its members had the rights to all the sacrifices offered during that time.
41.
This sacrifice is not given to the priests of the weekly watch, but instead to the priest of the owner's choice [Hilchot Bechorot 1:15; the Rambam's Commentary to the Mishnah (Challah 4:9)]. That priest in turn offers it on the altar and may give its meat to whichever members of the priestly family, males and females, he desires to (see Radbaz).
42.
See HilchotTerumah 12:22.
43.
For the laws applying to terumah apply to both of these.
44.
The foreleg, the jaw, and the maw; see Chapter 9, Halachah 1.
45.
Tosefta, Challah 2:7.
46.
Although these hides are not eaten in Jerusalem, but instead, can be sold and the proceeds used for any purpose, the Rambam places them in this category, because the priests would not take them out of the holy city. Instead, as a token of respect for their holiness, they would sell them there and use the proceeds to partake of food that was eaten in that holy place (Radbaz, gloss to Halachah 5).
47.
A thanksgiving offering is one type of peace offering.
48.
I.e., from the nazirite's ram, the priest is given a foreleg, a hindleg, and the breast. And he is also given a portion of bread that is offered with that sacrifice.
49.
See the sources given above.
50.
See Hilchot Gezeilah 8:5.
51.
Hilchot Arachin, chs. 4-8.
52.
See chs. 2-4.
53.
See chs. 5-8.
54.
See ch. 9.
55.
See ch. 10.
56.
See ch. 11.
57.
See ch. 12.
Bikkurim - Chapter 2
Halacha 1
It is a positive commandment to bring the first fruits to the Temple.1 [The obligation of] the first fruits applies only while the Temple is standing, and only in Eretz Yisrael, as [implied by Exodus 23:19]: 'Bring of the first ripened fruit of your land2 to the house of God your Lord.'3 According to Rabbinic decree, one should bring first fruits even from the cities of Sichon and Og4 and from Syria.5For a person who purchases land in Syria is like one who purchases in Jerusalem. We do not bring the first fruits from the lands of Ammon and Moab6 and Babylon, even though they are liable for terumah and tithes according to Rabbinic decree.7 If one brings the first fruits from the Diaspora, they are not considered as first fruits.8
Halacha 2
Halacha 3
We do not bring [first fruits] from the dates in the mountains, nor from the fruit from the valleys, not from oil-producing olives that are not of the highest quality, but rather from dates from the valleys and fruit from the mountains, for they are of the highest quality. If a person brought first fruits of inferior quality, e.g., dates from the mountains, figs that were perforated and had oil applied to them,12 dusty and smoked grapes,13 they are not consecrated.
Halacha 4
We may not bring liquids as the first fruits14 with the exception of [oil from] olives and [wine from] grapes, as [implied by Deuteronomy 26:2 which speaks of]: 'the fruit of the land,' i.e., [the fruit and] not a beverage. If one brought beverages, they are not accepted.15
Halacha 5
Halacha 6
The first fruits should not be brought before Shavuot, for that holiday is referred to as 'the harvest festival, the first fruits of your work.' If one brings [them at that time], we do not accept them from him. Instead, they should be left there18 until Shavuot, at which time, he should make the declaration concerning them. Similarly, the first fruits should not be brought after Chanukah.19 For first fruits that ripen after Chanukah are considered as being of the coming year. They should be left until Shavuot.
Halacha 7
The first fruits may not be brought from produce of the present harvest for produce of the previous harvest or from produce of the previous harvest for produce of the present harvest.20
What is implied? One should not bring produce that budded before the 15th of Shvat21 as first fruits for produce that budded after the 15th of Shvat. [This applies] both to produce that is planted and produce that grows on its own, as [implied by Numbers 18: 13]: 'The first fruits of everything in their land.'22
Halacha 8
The obligation of the first fruits applies to the produce of partners, [implied by]: 'The first fruits of everything in their land.'23
Halacha 9
When produce grows in a flower pot, even if it has a hole or it grows in a ship, one should not bring first fruits from them at all. [for the prooftext] speaks of 'their land.'24 One should, however, bring from produce that grows on a roof or in a ruin.
Halacha 10
[In all the following situations,] a person should not bring the first fruits from the produce that grows in one domain or the produce that grows in another domain. [These situations include] one who plants a tree in his field and extends25 it into his colleague's field26 or into the public domain, or the trunk of the tree was in his field and he extended its end in his field but there was a public road or a private path interrupting between the trunk and the end which was extended. [This is derived from Exodus 23:19]: "the first fruits of your land.' [Implied is that] all the growth [of the tree] must be from your land.'27
Halacha 11
If his colleague gave him permission28 [to implant the end] in his property even for a brief time, he may bring the first fruits. If the tree was close to his colleague's boundary or leaned into his colleague's field29 [and he planted there], even though he was obligated to distance [his planting], he may bring [the first fruits]30 and recite the declaration, for Joshua gave the land [to our people] as an inheritance with that intent.31
Halacha 12
Sharecroppers, tenant farmers,32 men of force who compel the owners [to sell] their land and purchase it for a low price,33 and robbers34 may not bring first fruits, because [the prooftext] states: 'the first fruits of your land.'35 [This applies] even when the owners despair [of recovering their land].36
Halacha 13
When a person purchases a tree in a field belonging to a friend, he may not bring [the first fruits], because he does not own land. [If he purchases] three [trees], he does own land. Even if he formally acquired only the trees, it is as if he owns land.37If he purchased one tree and the land around it, he should bring [the first fruits].38
Halacha 14
When a person purchases fruit that has been harvested and purchases the land [on which they grew],39 he should bring the first fruits, because he possesses both land and the fruits.
When one sells a colleague fruit, but not the land, even when the fruit is still attached to the land, [neither the seller, nor the purchaser may bring the first fruits]. The seller may not bring them, because he does not own the fruits. The purchaser may not bring them, because he does not own the land. If the seller buys the fruit back from the purchaser, he may bring [the first fruits], because he [now] owns [both] the land and its produce.
Halacha 15
Halacha 16
Halacha 17
There is no set measure for the first fruits according to Scriptural Law. According to Rabbinic Law, one should give one sixtieth of the crop. If one desires to set aside his entire crop as first fruits, he may.
Halacha 18
When a person separated his first fruits and afterwards added to them or adorned them, the addition is also considered as the first fruits.45
When does the above apply? When he brought [the first fruits] from Eretz Yisrael. If, however, he brought them from Transjordan or Syria, they are not as the first fruits.46 Even though they are not considered as the first fruits, they should only be eaten in a state of ritual purity.47 No matter where it is from,48 the first fruits should only be adorned with fruit from the seven species [mentioned in the praise of Eretz Yisrael].49
Halacha 19
How should one separate the first fruits? A person descends to his field, sees a fig tree, a cluster [of grapes], and/or a pomegranate tree that has budded, and ties them with a reed.50 He should say: "These are the first fruits.' They become designated as first fruits even though they are attached to the ground after they have been given that title, even though they have not ripened entirely.51
When they ripen and are reaped from the ground, it is not necessary to designate them again. If he did not designate them while attached or call them first fruits and then he reaped them, he should designate them after he reaps them.52
If his entire harvest becomes impure, he should not designate the impure produce as first fruits. Instead, as an initial preference, he should set aside other produce as first fruits for the impure produce. It appears to me that if he does not have other produce, to separate [as first fruits], he should not set them aside to be destroyed.53 Similarly, it appears to me54 that if the first fruits become impure, he should not use them as kindling for a furnace, because they are like objects consecrated for the Temple.55
Halacha 20
When a person set aside his first fruits and they rotted away,56 were taken by others, lost, stolen, or became impure,57 he is obligated to set aside others in place ofthem,58 as [Exodus 23:119] states: '...bring to the house of God your Lord.' This teaches that one is liable to replace them until he brings them to the Temple Mount.59
FOOTNOTES
1.
Sefer HaMitzvot (positive commandment 125) and Sefer HaChinuch (mitzvah 91) include this commandment among the 613 mitzvot of the Torah.
2.
I.e., from the land given specifically to you,Eretz Yisrael.
3.
I.e., only when the House of God, the Temple, is standing.
4.
I.e., the lands on the eastern side of the Jordan that were captured from these kings by Moses as he led our people to the promised land. These territories were not part of the land flowing with milk and honey promised to Abraham, Isaac, and Jacob.
The Rambam's position here represents a reversal from his position in Sefer HaMitzvot, loc. cit., where he writes that according to Scriptural Law, the mitzvah of the first fruits applies in these lands. Similarly, in his Commentary to the Mishnah (Bikkurim 1:10), he states that the mitzvah applies in these lands according to Scriptural Law.
5.
Lands to the north of Eretz Yisrael. These lands are not considered as part of Eretz Yisrael according to Scriptural Law. SeeHilchot Terumah 1:9.
6.
Lands to the southeast of Eretz Yisraelwhich were not conquered by the Jews upon their initial conquest of the land.
7.
See Hilchot Terumah 1:1.
8.
And instead are considered as ordinary produce. The rationale is that the first fruits must be ritually pure and all produce coming from the Diaspora is ritually impure by Rabbinic decree.
10.
See the gloss of Rabbi Akiva Eiger which states that rye, oats, and spelt, although considered as subspecies of wheat and barley in other contexts, should not be brought as the first fruits.
11.
The Jerusalem Talmud (Bikkurim 1:3) derives this from the exegesis ofDeuteronomy 26:2: 'And you shall take of the first of all the fruit of the land. 'Take of" implies an exclusion. Not all of the fruit may be brought as first fruits.
12.
As the Rambam explains in his Commentary to the Mishnah (Sh'vi'it 2:5), these techniques are used to hurry the ripening of figs. Although they are effective, they reduce the quality of the figs.
13.
I.e., at times, fires were lit under grape vines to kill worms and insects in the vine. This, however, reduced the quality of the fruit.
14.
I.e., one may not bring juice from pomegranates, dates, and figs.
15.
From the conclusion of the tractate ofChallah, it would appear that it is not acceptable to bring wine or oil either. Nevertheless, the Rambam does not accept that teaching, favoring instead Terumah 11:3 which deems them acceptable. See the explanation in the Kessef Mishneh.
16.
For it is preferable that fresh fruits should be brought.
17.
For if they bring fresh fruit, it will spoil.
18.
I.e., in the Temple courtyard. The Radbaz states that this applies only to fruit that will not spoil. Otherwise, the fruit brought prematurely is like all the other fruit mentioned in the previous halachot and its consecration is not effective.
19.
After Chanaukah, it is not appropriate to bring the first fruits, because they are to be brought at the time of the harvest and the harvest is concluded by Sukkot. Moreover, if one brings the first fruits between Sukkot and Chanukah, he cannot make the declaration concerning them (Chapter 4, Halachah 13).
The Ra'avad objects to the Rambam's words for their implication is that the first fruit brought after Chanukah becomes consecrated. The Ra'avad maintains that since the fruit did not ripen until then, the first fruits are considered as of low quality and do not become consecrated. Nor, the Ra'avad maintains, can they be considered as being from the following year, as the Rambam states, because until the 15th of Shvat, they are considered as from the crops of the previous year. The Kessef Mishnehsupports the Rambam, maintaining that since the crops have generally been harvested, any produce that does grow is considered as belonging to the coming year. The Radbaz emphasizes that here too, we are speaking of produce that will not spoil. Otherwise, it is not consecrated.
20.
Yevamot 73b states that there is an equation between the tithes and the first fruits. Hence, just as the tithes may not be brought from one harvest for another (Hilchot Terumah5:11; Hilchot Ma'aser 1:7), so too, the law applies with regard to the first fruits.
21.
This refers to the first fruits brought from fruit. With regard to wheat and barley, the date when a change is made is Rosh HaShanah.
22.
I.e., the prooftext implies that the obligation applies to any and all situations where these species grow (see Menachot 84b and Radbaz).
23.
The plural form of the term indicates that the obligation applies even when the produce is owned by two people jointly (Chullin 136a).
24.
Produce that grows in such a situation is considered as growing from the earth in certain contexts. Nevertheless, the prooftext indicates that the first fruits are an exception.
25.
'Extending' refers to planting a bough from a tree or a vine in the ground, so that an extension can grow from it [the Rambam' s Commentary to the Mishnah (Bikkurim 1:1)].
26.
Without his colleague's permission as obvious from the following halachah.
27.
And even the fruit that grow from the trunk are nurtured to a certain extent from the end that was implanted.
28.
There is, however, no way one can be granted permission to use the public domain in this manner.
29.
See Hilchot Shechenim10:8.
30.
This applies even to the fruit which grew in his colleague's domain. Since his colleague gave him permission to grow the produce there, it can be considered as his land.
31.
The commentaries note that when Hilchot Nizkei Mammon 10:8 mentions the ten conditions on which basis Joshua gave the land to the people as an inheritance, this condition is not included among them. Among the resolutions given is that the conditions mentioned there apply also in the Diaspora, while this condition applies only inEretz Yisrael.
32.
The former give the owners a share of the crops; the latter rent the fields for money. See Hilchot Ma'aser 6:13; the Rambam's Commentary to the Mishnah (Bikkurim 1:2).
33.
This was, unfortunately, a common practice in Eretz Yisrael during the Roman era, when the gentiles and their Jewish comrades would threaten a person until he was forced to sell his land for far below its worth.
34.
One who takes land without paying at all.
35.
And none of the above are rightful owners of the land.
36.
For land can never be stolen and always remains the property of its rightful owners (see Hilchot Gezeilah 8:14).
37.
See Hilchot Mechirah 24:1-2. The rationale is that since he purchased this amount of trees, he also receives the land necessary to tend to them. Although he is not the legal owner of the land and has only the right to use it, that right is sufficient the land to be called his own.
38.
Because he is the owner of both the land and the tree (Our bracketed additions are based on the gloss of the Radbaz. We are forced to accept this interpretation, since, as stated above, the first fruits must come from "your land."
39.
I.e., even if he does not purchase the fruit and the land at the same time, as long as he owns both at the time appropriate to bring the first fruits, he should bring them (Radbaz).
40.
See the Rambam's Commentary to the Mishnah (Gittin 4:9); note the differences between his initial version and his final version. There is a debate among the commentaries if the obligation to bring the first fruits is Rabbinic in origin (as was the Rambam's initial view) or Scriptural in origin (as is his view here).
41.
The Ra'avad comments that this applies even though the produce reached maturity while in the possession of the gentile. The commentaries state that the Rambam would accept this ruling.
42.
Hilchot Terumah 1:10.
43.
A tree that was worshiped. as was the practice of both the Canaanites and the Greeks.
When a gentile owns an entity that is worshiped, he can nullify its connection with idolatrous worship and from that time onward, it may be used for ordinary purposes. Nevertheless, it is not fit to be used for an offering on the Altar, because of its previous connection with idolatry. An entity owned by a Jew that was worshiped can never be nullified. See Hilchot Avodat Kochavim 8:8-11.
44.
As stated in Hilchot Issurei Mizbeiach 3:6, if a animal was once associated with the worship of false deities, it may no longer be used as a sacrifice in the Temple.
45.
And the stringencies applied to the first fruits, e.g., that they be eaten in a state of ritual purity, are also applied to them.
46.
The rationale is that, as stated in Halachah 1, the obligation to bring first fruits from these lands is Rabbinic in origin. Hence, it is not powerful enough to convey that status on the additions as well.
47.
As the first fruits themselves.
48.
Le., even from Transjordan and Syria (Radbaz).
49.
One may, however, adorn figs with grapes and grapes with dates (Bikkurim 3:10).
50.
As a sign, so that he will recognize them later. There is no obligation to use a reed for this purpose. Another sign is also acceptable. The Rambam, quoting the mishnah, was merely stating a common practice [the Rambam's Commentary to the Mishnah (Bikkurim 3:1)] .
51.
Although they must reach a complete stage of development by the time they are brought to the Temple, it is not necessary that they reach this stage at the time of their designation.
52.
Unless he designates them, the fact that they are set aside is not sufficient for them to be considered as first fruits.
53.
See parallels in Hilchot Ma'aser Sheni 3:9;Hilchot Meilah 4:7. Terumah and the second tithe, by contrast, should be set aside even if the produce is impure, for they will not be wasted.
54.
The expression 'It appears to me' refers to a conclusion derived by the Rambam through deduction without an explicit prior Rabbinic source. The Kessef Mishneh questions whether that expression is appropriate in the present instance since this point is stated inYevamot 73a,b. The Kessef Mishnehconcludes that perhaps 'It appears to me' refers only to the rationale the Rambam states here, for that concept is not stated inYevamot, loc. cit.
55.
And consecrated articles may not be destroyed. It is necessary for the Rambam to give this explanation, because the Torah refers to the first fruits as terumah and impure terumah may be kindled.
56.
See Halachah 3 which states that spoiled produce is unacceptable.
57.
For then, they are no longer fit to be offered.
58.
He does not, however, make the declaration for the first fruits when bringing these fruits, as stated in Chapter 4, Halachah 9.
59.
Once he brings them to the Temple Courtyard, he is not liable to replace even if they become impure (Radbaz).
60.
The rationale for this ruling can be explained as follows: When a person sends his first fruits to the Temple via an agent, the agent does not make the declaration (Chapter 4, Halachah 2). Since they were harvested in a manner that allows that declaration to be made, it is improper for them to be sent in a manner that prevents it from being made.
61.
For in this instance, they were harvested with the intent that the declaration not be made.
• English Text | Video Class• "Today's Day"
• Tuesday, Adar II 26, 5776 · 05 April 2016
Friday Adar Sheini 26 5703
Torah lessons: Chumash: Sh'mini, Shishi with Rashi.
Tehillim: 119, 97 to end.
Tanya: In the case of (p. 185)...mentioned above. (p. 187).
All that is sacred to the nation of the G-d of Avraham and is fundamental to the house of Israel - in establishing and rearing an upright generation, kashrut of food, the sublime pure holiness of Shabbat, was entrusted by awesome and revered G-d - for preservation and development - to the woman of Israel.
The woman who fulfills her obligation and destiny in the life of the family, in conducting the home, and in seeing that the education1 be according to Torah, this woman is the subject of the verse, "The wisdom of women constructed her home."2
FOOTNOTES
1.Of her children, and in a broader sense, of all members of the household.
2.Mishlei 14:1.
• Daily Thought:
Defining Your World
We are not passive observers of this universe, but rather partners in its creation. We are the ones who assign each thing its meaning, who bring definition and resolution to an otherwise ambiguous world.
Don’t imagine that you are just “telling it the way it is.” Choose your words, choose your perspective, like a witness on the stand. Because the way you tell it, that is how it is.
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