Today in Jewish History:
• Passing of Zedekiah (397 BCE)
Zedekiah was the last king of the royal house of David to reign in the Holy Land. He ascended the throne in 434 BCE, after King Nebuchadnezzar of Babylonia (to whom the kingdom of Judah was then subject) exiled King Jeconiah (Zedekiah's nephew) to Babylonia . In 425 BCE Zedekiah rebelled against Babylonian rule, and Nebuchadnezzar laid siege to Jerusalem (in Tevet 10 of that year); in the summer of 423 BCE the walls of Jerusalem were penetrated, the city conquered, the (first) Holy Temple destroyed, and the people of Judah exiled to Babylonia. Zedekiah tried escaping through a tunnel leading out of the city, but was captured; his sons were killed before his eyes, and then he was blinded. Zedekiah languished in the royal dungeon in Babylonia until Nebuchadnezzar's death in 397 BCE; Evil Meroduch -- Nebuchadnezzar's son and successor -- freed him (and his nephew Jeconiah) on the 27th of Adar, but Zedikiah died that same day.
Daily Quote:
The Jewish people are compared to the stars sparkling in the high heavens; by their light, even he who walks in the darkness of night shall not blunder. Every Jew possesses enough moral and spiritual strength to influence friends and acquaintances, and bring them into a place of light.[Hayom Yom, Cheshvan 5]
Daily Study:
Chitas and Rambam for today:
Chumash: Tazria, 4th Portion Leviticus 13:24-13:28 with Rashi
• English / Hebrew Linear Translation | Video Class• Leviticus Chapter 13
24If [a person's] flesh has a fire burn on its skin, and on the healed area of the burn, there is a reddish white or white bahereth, כדא֣וֹ בָשָׂ֔ר כִּי־יִֽהְיֶ֥ה בְעֹר֖וֹ מִכְוַת־אֵ֑שׁ וְהָֽיְתָ֞ה מִחְיַ֣ת הַמִּכְוָ֗ה בַּהֶ֛רֶת לְבָנָ֥ה אֲדַמְדֶּ֖מֶת א֥וֹ לְבָנָֽה:
the healed area of the burn: Saynement [in Old French]. When the burn healed, the area changed to become a blended bahereth [of white and red], or pure white one. The signs of a burn (מִכְוָה) and the signs of an inflammation (שְׁחִין) are the same. [If so,] why does Scripture separate them [into two sections]? To teach us that they do not become combined with each other, [i.e., while a griss, the area of a bean, is the minimum surface area of a lesion for it to be deemed unclean,] if a lesion the size of half a griss emerges in an inflammation, and [another] the size of half a griss in a burn, they are not judged as [though] a full griss [of lesion has emerged]. — [Chul. 8a]
מחית המכוה: שיינימנ"ט בלע"ז [רפוי] כשחיתה המכוה נהפכה לבהרת פתוכה או לבנה חלקה. וסימני מכוה וסימני שחין שוים הם, ולמה חלקן הכתוב, לומר שאין מצטרפין זה עם זה, נולד חצי גריס בשחין וחצי גריס במכוה לא ידונו כגריס:
25the kohen shall look at it. And, behold! the hair has turned white in the bahereth, and its appearance is deeper than the skin, it is tzara'ath which has spread in the burn. So, the kohen shall pronounce him unclean. It is a lesion of tzara'ath. כהוְרָאָ֣ה אֹתָ֣הּ הַכֹּהֵ֡ן וְהִנֵּ֣ה נֶהְפַּךְ֩ שֵׂעָ֨ר לָבָ֜ן בַּבַּהֶ֗רֶת וּמַרְאֶ֨הָ֙ עָמֹ֣ק מִן־הָע֔וֹר צָרַ֣עַת הִ֔וא בַּמִּכְוָ֖ה פָּרָ֑חָה וְטִמֵּ֤א אֹתוֹ֙ הַכֹּהֵ֔ן נֶ֥גַע צָרַ֖עַת הִֽוא:
26But, if the kohen looks at it, and, behold! there is no white hair in the bahereth, and it is not lower than the skin and it is dim, the kohen shall quarantine him for seven days. כווְאִ֣ם | יִרְאֶ֣נָּה הַכֹּהֵ֗ן וְהִנֵּ֤ה אֵֽין־בַּבַּהֶ֨רֶת֙ שֵׂעָ֣ר לָבָ֔ן וּשְׁפָלָ֥ה אֵינֶ֛נָּה מִן־הָע֖וֹר וְהִ֣וא כֵהָ֑ה וְהִסְגִּיר֥וֹ הַכֹּהֵ֖ן שִׁבְעַ֥ת יָמִֽים:
27And the kohen shall look at it on the seventh day. If it has spread on the skin, the kohen shall pronounce him unclean. It is a lesion of tzara'ath. כזוְרָאָ֥הוּ הַכֹּהֵ֖ן בַּיּ֣וֹם הַשְּׁבִיעִ֑י אִם־פָּשׂ֤ה תִפְשֶׂה֙ בָּע֔וֹר וְטִמֵּ֤א הַכֹּהֵן֙ אֹת֔וֹ נֶ֥גַע צָרַ֖עַת הִֽוא:
28But if the bahereth remains in its place, not increasing on the skin, and it is dim, it is a se'eith of the burn, and the kohen shall pronounce him clean, because it is the scar tissue of the burn. כחוְאִם־תַּחְתֶּ֩יהָ֩ תַֽעֲמֹ֨ד הַבַּהֶ֜רֶת לֹא־פָֽשְׂתָ֤ה בָעוֹר֙ וְהִ֣וא כֵהָ֔ה שְׂאֵ֥ת הַמִּכְוָ֖ה הִ֑וא וְטִֽהֲרוֹ֙ הַכֹּהֵ֔ן כִּֽי־צָרֶ֥בֶת הַמִּכְוָ֖ה הִֽוא:
Daily Tehillim: Chapters 120 - 134
• Hebrew text
• English text• Chapter 120
• Lessons in Tanya• English Text
• English text• Chapter 120
This psalm rebukes slanderers, describing how the deadly effect of slander reaches even further than weapons.
1. A song of ascents. I have called out to the Lord in my distress, and He answered me.
2. O Lord, rescue my soul from the lips of falsehood, from a deceitful tongue.
3. What can He give you, and what [further restraint] can He add to you, O deceitful tongue?
4. [You resemble] the sharp arrows of a mighty one, and the coals of broom-wood.1
5. Woe unto me that I sojourned among Meshech, that I dwelt beside the tents of Kedar.
6. Too long has my soul dwelt among those who hate peace.
7. I am for peace, but when I speak, they are for war.
FOOTNOTES
1.Which remain hot on the inside while appearing cool to the touch (Rashi).
Chapter 121
This psalm alludes to the Lower Paradise, from which one ascends to the Higher Paradise. It also speaks of how God watches over us.
1. A song of ascents. I lift my eyes to the mountains-from where will my help come?
2. My help will come from the Lord, Maker of heaven and earth.
3. He will not let your foot falter; your guardian does not slumber.
4. Indeed, the Guardian of Israel neither slumbers nor sleeps.
5. The Lord is your guardian; the Lord is your protective shade at your right hand.
6. The sun will not harm you by day, nor the moon by night.
7. The Lord will guard you from all evil; He will guard your soul.
8. The Lord will guard your going and your coming from now and for all time.
Chapter 122
The psalmist sings the praises of Jerusalem and tells of the miracles that happened there.
1. A song of ascents by David. I rejoiced when they said to me, "Let us go to the House of the Lord.”
2. Our feet were standing within your gates, O Jerusalem;
3. Jerusalem that is built like a city in which [all Israel] is united together.
4. For there the tribes went up, the tribes of God-as enjoined upon Israel-to offer praise to the Name of the Lord.
5. For there stood the seats of justice, the thrones of the house of David.
6. Pray for the peace of Jerusalem; may those who love you have peace.
7. May there be peace within your walls, serenity within your mansions.
8. For the sake of my brethren and friends, I ask that there be peace within you.
9. For the sake of the House of the Lord our God, I seek your well-being.
Chapter 123
The psalmist laments the length of time we have already suffered in exile.
1. A song of ascents. To You have I lifted my eyes, You Who are enthroned in heaven.
2. Indeed, as the eyes of servants are turned to the hand of their masters, as the eyes of a maid to the hand of her mistress, so are our eyes turned to the Lord our God, until He will be gracious to us.
3. Be gracious to us, Lord, be gracious to us, for we have been surfeited with humiliation.
4. Our soul has been overfilled with the derision of the complacent, with the scorn of the arrogant.
Chapter 124
1. A song of ascents by David. Were it not for the Lord Who was with us-let Israel declare-
2. were it not for the Lord Who was with us when men rose up against us,
3. then they would have swallowed us alive in their burning rage against us.
4. Then the waters would have inundated us, the torrent would have swept over our soul;
5. then the raging waters would have surged over our soul.
6. Blessed is the Lord, Who did not permit us to be prey for their teeth.
7. Our soul is like a bird which has escaped from the fowler's snare; the snare broke and we escaped.
8. Our help is in the Name of the Lord, the Maker of heaven and earth.
Chapter 125
1. A song of ascents. Those who trust in the Lord are as Mount Zion which never falters, but abides forever.
2. Mountains surround Jerusalem, and the Lord surrounds His people from this time and forever.
3. For the rod of wickedness will never come to rest upon the lot of the righteous; therefore the righteous need not stretch their hand to iniquity.
4. Be beneficent, O Lord, to the good and to those who are upright in their hearts.
5. But as for those that turn to their perverseness, may the Lord lead them with the workers of iniquity. Peace be upon Israel.
Chapter 126
The psalmist speaks of the future, comparing our Divine service in exile to one who sows arid land, then cries and begs God to send rain upon it so that the seed not be wasted. When he merits to reap the crop, he offers thanks to God.
1. A song of ascents. When the Lord will return the exiles of Zion, we will have been like dreamers.
2. Then our mouth will be filled with laughter, and our tongue with songs of joy; then will they say among the nations, "The Lord has done great things for these.”
3. The Lord has done great things for us; we were joyful.
4. Lord, return our exiles as streams to arid soil.
5. Those who sow in tears will reap with songs of joy.
6. He goes along weeping, carrying the bag of seed; he will surely return with songs of joy, carrying his sheaves.
Chapter 127
King David instructs his generation, and especially his son Solomon, to be sure that all one's actions be for the sake of Heaven. He also criticizes those who toil day and night in pursuit of a livelihood.
1. A song of ascents for Solomon. If the Lord does not build a house, then its builders labor upon it in vain. If the Lord will not guard a city, the vigilance of its watchman is in vain.
2. It is in vain for you, you who rise early, who sit up late, and who eat the bread of tension, for in fact He gives His loved ones sleep.
3. Behold, the heritage of the Lord is children; the fruit of the womb is a reward.
4. As arrows in the hand of a mighty man, so are the children of youth.
5. Fortunate is the man who has his quiver full of them; they will not find themselves shamed when they speak with enemies in public places.
Chapter 128
This psalm extols one who enjoys the fruits of his own labor, avoiding theft and deception, even refusing gifts. It also describes behavior appropriate to the God-fearing.
1. A song of ascents. Fortunate is every man who fears the Lord, who walks in His ways.
2. When you eat of the labor of your hands, you will be happy, and you will have goodness.
3. Your wife will be like a fruitful vine in the inner chambers of your house; your children will be like olive saplings around your table.
4. Behold, so will be blessed the man who fears the Lord.
5. May the Lord bless you out of Zion, and may you see the goodness of Jerusalem all the days of your life.
6. And may you see children [born] to your children; peace upon Israel.
Chapter 129
The psalmist laments the troubles of Israel.
1. A song of ascents. Much have they persecuted me from my youth on. Let Israel declare it now-
2. "Much have they persecuted me from my youth on, [but] they have not prevailed against me.”
3. The plowmen plowed upon my back; they wished to make their furrow long.
4. But the Lord is just; He cut the cords of the lawless.
5. They will be humiliated and will be turned back, all the haters of Zion.
6. They will be as grass upon the rooftops that withers before one plucks it,
7. wherewith the reaper has never filled his hand, nor the sheaf-binder his arm;
8. and of which the passers-by never have said: "The blessing of the Lord be upon you; we bless you in the name of the Lord."
Chapter 130
The psalmist prays for an end to this long exile.
1. A song of ascents. Out of the depths I call to You, O Lord.
2. My Lord, hearken to my voice; let Your ears be attentive to the sound of my pleas.
3. God, if You were to preserve iniquities, my Lord, who could survive?
4. But forgiveness is with You, that You may be held in awe.
5. I hope in the Lord; my soul hopes, and I long for His word.
6. My soul yearns for the Lord more than those awaiting the morning wait for the morning.
7. Israel, put your hope in the Lord, for with the Lord there is kindness; with Him there is abounding deliverance.
8. And He will redeem Israel from all its iniquities.
Chapter 131
In this prayer, David declares that never in the course of his life was he haughty, nor did he pursue greatness or worldly pleasures.
1. A song of ascents, by David. O Lord, my heart was not proud, nor were my eyes haughty; I did not seek matters that were too great and too wondrous for me.
2. Surely I put my soul at peace and soothed it like a weaned child with his mother; my soul was like a weaned child.
3. Let Israel hope in the Lord from this time forth and forever.
Chapter 132
David composed this psalm while he and the elders of Israel wore sackcloth, in mourning over the plague that had descended upon the land, and their being distant from the Holy Temple. David therefore offers intense prayers, entreating God to remember the hardship and sacrifice he endured for the sake of the Temple.
1. A song of ascents. O Lord, remember unto David all his suffering,
2. how he swore to the Lord, and vowed to the Mighty Power of Jacob:
3. "I will not enter into the tent of my house; I will not go up into the bed that is spread for me;
4. I will not give sleep to my eyes, nor slumber to my eyelids;
5. until I will have found a place for the Lord, a resting place for the Mighty Power of Jacob.”
6. Lo, we heard of it in Ephrath; we found it in the field of the forest.
7. We will come to His resting places; we will prostrate ourselves at His footstool.
8. Ascend, O Lord, to Your resting place, You and the Ark of Your might.
9. May Your priests clothe themselves in righteousness, and may Your pious ones sing joyous songs.
10. For the sake of David Your servant, turn not away the face of Your anointed.
11. For the Lord has sworn to David a truth from which He will never retreat: "From the fruit of your womb will I set for you upon the throne.
12. If your sons will keep My covenant and this testimony of mine which I will teach them, then their sons, too, will sit on the throne for you until the end of time.
13. For the Lord has chosen Zion; He has desired it for His habitation.
14. This is My resting place to the end of time. Here will I dwell, for I have desired it.
15. I will abundantly bless her sustenance; I will satisfy her needy with bread.
16. I will clothe her priests with salvation, and her pious ones will sing joyous songs.
17. There I will cause David's power to flourish; there I have prepared a lamp for My anointed.
18. His enemies will I clothe with shame, but upon him, his crown will blossom."
Chapter 133
1. A song of ascents, by David. Behold, how good and how pleasant it is when brothers dwell together.
2. Like the precious oil [placed] upon the head, flowing [in abundance] down the beard, the beard of Aaron which rests upon his garments.
3. Like the dew of Hermon which comes down upon the mountains of Zion, for there the Lord has commanded blessing, life unto eternity.
Chapter 134
The psalmist exhorts the scholarly and pious to rise from their beds at night, and go to the House of God.
1. A song of ascents. Behold: Bless the Lord, all you servants of the Lord who stand in the House of the Lord in the nights.
2. Lift up your hands in holiness and bless the Lord.
3. May the Lord, Who makes heaven and earth, bless you from Zion.
Tanya: Likutei Amarim, beginning of Chapter 39• Lessons in Tanya• English Text
• Wednesday, Adar II 27, 5776 · April 6, 2016
• Likutei Amarim, beginning of Chapter 39
• In the previous chapter the Alter Rebbe explained why our Sages compare the performance of a mitzvah to a body, and one’s kavanah in performing the mitzvah to a soul.
Rambam:
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Wednesday, Adar II 27, 5776 · April 6, 2016
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 149
A Non-Priest Partaking of the Holiest Sacrifices
"But a stranger shall not eat of them because they are holy"—Exodus 29:33.
A non-priest may not eat of the "Holy of Holies" sacrifices (e.g., the flesh of the Sin Offering).
Full text of this Mitzvah »• A Non-Priest Partaking of the Holiest Sacrifices
Declaration of the First Fruits
"And you shall call out and say before G‑d, your G‑d: 'An Aramean [sought to] destroy my father..."—Deuteronomy 26:5.
When bringing the First Fruit to the Holy Temple, the owner is commanded to speak of G‑d's kindness towards us and express gratitude to G‑d for saving us ever since the times of Jacob, and rescuing us from the slavery and the tormenting of the Egyptians. The owner then beseeches G‑d to continue showering blessing upon us.
Women are not obligated to make this declaration.
Full text of this Mitzvah »
He stated that kavanah can be classified into two categories, analogous to the two classes of creatures which possess a soul — animals and man.
The higher level of kavanah is that created by an intellectual appreciation of G‑dliness. Upon contemplating G‑d’s greatness, a love and fear of Him is born in one’s heart, which translates into a desire to cleave to Him. This desire in turn motivates one to fulfill the Torah and mitzvot, since they bind him to G‑d, and this motivation is the kavanah in his fulfillment of the Torah and mitzvot. Such kavanah, born of reason and produced by one’s own volition, is analogous to the soul of man, the intelligent being who determines his actions by choice.
The lower level of kavanah is that which stems from an arousal of the soul’s natural, instinctive love and fear of G‑d. Suchkavanah is comparable to the soul of an animal, which is ruled by its natural instincts.
The Alter Rebbe now opens ch. 39 by stating that for this reason the angels, who fear and love G‑d by their very nature, are metaphorically called “animals”.
ומפני זה גם כן נקראים המלאכים בשם חיות ובהמות, כדכתיב: ופני אריה אל הימין וגו׳ ופני שור מהשמאל וגו׳
For this reason, too, the angels are called chayyot (“beasts”) and behemot (“animals”), as it is written,1“and an angel with the face of a lion is to the right of the divine chariot... and the face of an ox is on the left....”
לפי שאינם בעלי בחירה, ויראתם ואהבתם היא טבעית להם, כמו שכתוב ברעיא מהימנא, פרשת פינחס
For they have no freedom of choice between good and evil, as man has. And their fear and love [of G‑d] is natural to them; they need not create fear and love of G‑d through intellectual contemplation of G‑d’s greatness, as is written in Ra‘aya Mehemna (Parshat Pinchas). Because their fear and love of G‑d are natural and instinctive to them, they are compared to animals.
ולכן מעלת הצדיקים גדולה מהם, כי מדור נשמות הצדיקים הוא בעולם הבריאה, ומדור המלאכים בעולם היצירה
Therefore, tzaddikim are on a higher level than them (the angels):2 the abode of the souls of tzaddikim is in the World of Beriah (Creation), whereas the abode of the angels is in the World of Yetzirah (Formation).*
הגהה
והיינו בסתם מלאכים, אבל יש מלאכים עליונים בעולם הבריאה, שעבודתם בדחילו ורחימו שכליים
*NOTE
This is so [only] in the case of ordinary angels. There are, however, higher angels in the World of Beriah, whose service [of G‑d] is with intelligent fear and love.
כמו שכתוב ברעיא מהימנא שם, שיש שני מיני חיות הקדש, טבעיים ושכליים, וכמו שכתוב בע׳ חיים
It is written so in Ra‘aya Mehemna, ibid., that there are two kinds of holy chayyot, instinctive and intelligent (i.e., those whose love and fear are instinctive, and those who create love and fear intellectually), as is also written inEtz Chayim.
END OF NOTE
The abode of ordinary angels, however, is in the World of Yetzirah; and they are thus lower than the souls of thetzaddikim, whose abode is in Beriah. The Alter Rebbe now explains how intellectually created love and fear are related toBeriah, and instinctive love and fear to Yetzirah.
והבדל שביניהם הוא
The difference between [Beriah and Yetzirah] is as follows:
כי בעולם היצירה, מאירות שם מדותיו של אין סוף ברוך הוא לבדן, שהן אהבתו ופחדו ויראתו כו׳
In Yetzirah, only the middot of the Blessed Ein Sof radiate (i.e., only the Sefirot of Chesed (kindness), Gevurah(Severity), etc.) — meaning the love of Him (corresponding to Chesed), dread and fear of Him (corresponding toGevurah), and so on (with the other four middot).
וכמו שכתוב בתקונים וע׳ חיים דשית ספירין מקננין ביצירה
For it is thus written (in Tikkunei Zohar and in Etz Chayim) that the six Sefirot (i.e., the six middot, fromChesed through Yesod) “nest” in (i.e., pervade) the World of Yetzirah.
The four partzufim (lit., “countenances”; i.e., configurations of Sefirot) of the Sefirot of Atzilut (the World of Emanation) radiate in the four Worlds — Atzilut, Beriah, Yetzirah and (the World of Action, viz.,) Asiyah; one partzuf predominates in each World, representing the manifestation of G‑dliness in that World.
These partzufim are: (a) Chochmah (Wisdom); (b) Binah (Understanding); (c) Ze‘er Anpin (lit., “The Small Image”; i.e., the six middot); (d) Malchut (Sovereignty).
In Atzilut, Chochmah is the dominant partzuf. Atzilut is thus pervaded with an atmosphere of utter self-nullification before G‑d; for Chochmah, the dominant influence in that World, represents the perception that “Ein Sof is One alone, and there is naught besides Him” (as discussed in ch. 35).
In Beriah (also called the “World of the Throne”), Binah is the dominant partzuf. Beriah is therefore a World of intellect; the souls and angels of Beriah are distinguished by superior intellectual appreciation of G‑dliness.
Yetzirah is dominated by the six middot (which together constitute the partzuf of Ze‘er Anpin ). It is therefore a World of emotion; the creatures of Yetzirah serve G‑d with great emotional intensity.
Asiyah, the lowest World, is dominated by the partzuf of Malchut. G‑d’s attribute of Sovereignty evokes subservience in His subjects; therefore, in our service of G‑d in this World, the emphasis is on “accepting the yoke of heaven.”
To return to our subject: Middot are the dominant influence in Yetzirah.
ולכן זאת היא עבודת המלאכים, תמיד יומם ולילה לא ישקוטו, לעמוד ביראה ופחד וכו׳
Therefore, this is the service of the angels whose abode is in Yetzirah, as mentioned above, constantly, never ceasing day or night, to stand in fear and dread [of G‑d].
והיינו כל מחנה גבריאל, שמהשמאל
This refers to the entire host of [angels under] Gabriel, which is on the left. “Left” represents the middah ofGevurah, which evokes fear and awe. Therefore all these angels stand in constant fear of G‑d.
ועבודת מחנה מיכאל היא האהבה כו׳
The service of the host of [angels under] Michael, on the other hand, is love [of G‑d]; they stand in constant adoration of G‑dliness, corresponding to the middah of Chesed, and so on.
Thus, because middot constitute the dominant partzuf in Yetzirah, the service of the creatures of Yetzirah consists of emotion.
אבל בעולם הבריאה מאירות שם חכמתו ובינתו ודעתו של האין סוף ברוך הוא, שהן מקור המצות, ואם ושרש להן
But in the World of Beriah radiate the Chochmah, Binah and Daat of the Blessed Ein Sof (i.e., the upper threeSefirot — ChaBaD — of Atzilut), which are the source of middot, and their “mother” and root.
וכדאיתא בתקונים דאימא עילאה מקננא בתלת ספירן בכרסיא, שהוא עולם הבריאה
For it is written thus in Tikkunei Zohar, that Imma Ila‘ah (lit., “The Supernal Mother”; i.e., the Sefirah ofBinah, described as “mother” of the World of Atzilut) “nests” (radiates) in “the Throne,” meaning the World ofBeriah, with three Sefirot of Atzilut: Chochmah, Binah and Daat.
ולכן הוא מדור נשמות הצדיקים, עובדי ה׳ בדחילו ורחימו הנמשכות מן הבינה ודעת דגדולת אין סוף ברוך הוא
Because these three Sefirot — ChaBaD — of the Ein Sof radiate in the World of Beriah, it is therefore the abode of the souls of those tzaddikim who serve G‑d with a fear and love that stem from understanding and knowledge of G‑d’s greatness,
שאהבה זו נקרא רעותא דלבא, כנ״ל
this love being called re‘uta delibba (lit., “the heart’s desire,” i.e., a desire created by intellect, as opposed to desire that transcends intellect), as mentioned above.
ומרעותא דלבא נעשה לבוש לנשמה בעולם הבריאה, שהוא גן עדן העליון, כדלקמן, וכמו שכתוב בזהר, ויקהל
From this re‘uta delibba a garment is formed for the soul in the World of Beriah, which is the Higher Garden of Eden, as will be discussed further, and as is written in the Zohar, Parshat Vayakhel. The Lower Garden of Eden is in Yetzirah, and the Higher Garden of Eden in Beriah.
Ultimately, the souls of those who serve G‑d with intellectual love and fear are privileged to abide in the Higher Garden of Eden — Beriah. For the reward given in the Garden of Eden (Paradise) is that the souls “delight in the radiance of theShechinah,” i.e., they delight in their perception of G‑d’s glory. Since one’s reward is commensurate with his level of divine service, the delight in intellectual perception of G‑dliness is reserved for the souls of those who served G‑d with intellectuallove and fear during their lifetime on earth.
At this point the Alter Rebbe qualifies his earlier statement: Only those tzaddikim whose souls are on the level ofNeshamah (i.e., the highest of the three soul-levels — Nefesh, Ruach and Neshamah) abide in Beriah. Neshamah representsMochin deGadlut — a “superior intellectual grasp” of G‑dliness; those on the level of Neshamah understand G‑dliness directly as it is, without recourse to analogy or anthropomorphic terms. Love and fear follow from such direct understanding of G‑dliness as its natural extensions; they are not products of intellect, a generation removed. In this case, in fact, the emotions may be considered as part of an intellectual process, rather than emotion proper.
אך היינו דווקא נשמות ממש
However this statement, that the abode of tzaddikim who serve G‑d with intellectual love and fear is in the World of Beriah,applies only to those souls which are actually on the level of Neshamah — the level of Neshamah being that of intellect, as the verse states,3 “The divine Neshamah will give them discernment” —
שהן בחינת מוחין דגדלות אין סוף ברוך הוא
and which represent a “superior intellectual perception” of the Blessed Ein Sof.
אבל בחינת הרוח של הצדיקים
But the tzaddikim who are at the level of Ruach,
וכן שאר כל נשמות ישראל, שעבדו את ה׳ בדחילו ורחימו המסותרות בלב כללות ישראל
and similarly all the other souls of Israel, who served G‑d with the natural fear and love hidden in the heart of all Israel, not with love and fear born of intellect,
אין עולות לשם רק בשבת וראש חודש לבד
ascend thereto (to Beriah) only on Shabbat and the New Moon when all creation ascends to a higher level (as it is written, “...every month, on the New Moon, and every week, on the Shabbat, all flesh will come to prostrate themselves before Me, says G‑d”); it is only then that these souls ascend to the World of Beriah, the Higher Garden of Eden,
דרך העמוד שמגן עדן התחתון לגן עדן העליון, שהוא עולם הבריאה, הנקרא גן עדן העליון
by means of the pillar that extends from the Lower Garden of Eden (Yetzirah) to the Higher Garden of Eden, i.e., the World of Beriah, which is called the Higher Garden of Eden.4
להתענג על ה׳ וליהנות מזיו השכינה
By means of this pillar, these souls ascend thereto to delight in G‑d, and to bask in the radiance of the Shechinah.
Such pleasure is the prerogative of the souls in Beriah, since the soul’s delight is from its understanding and appreciation of G‑dliness — to the extent that a soul is capable of such understanding.
כי אין הנאה ותענוג לשכל נברא אלא במה שמשכיל ומבין ויודע ומשיג בשכלו ובינתו
The intellect of a created being delights and derives pleasure only in that which it conceives, understands, knows (— corresponding to ChaBaD) and grasps with its intellect and understanding,
מה שאפשר לו להבין ולהשיג מאור אין סוף ברוך הוא, על ידי חכמתו ובינתו יתברך המאירות שם, בעולם הבריאה
as much as it can grasp of the Blessed Ein Sof-light, through His wisdom and His understanding which radiate there (in Beriah), enabling the soul to perceive G‑dliness. For, as mentioned earlier, the ChaBaD of Atzilut (to which the Alter Rebbe refers as “His wisdom,” “ His understanding”) radiate in Beriah, for which reason Beriah is the “World of understanding.”
With this the Alter Rebbe concludes his statement that on Shabbat and Rosh Chodesh the souls of other Jews (who had not served G‑d with intellectual love and fear) ascend to Beriah.
ומה שזוכות נשמות אלו לעלות למעלה מהמלאכים, אף שעבדו בדחילו ורחימו טבעיים לבד
These souls (who served G‑d with natural love and fear) are privileged to rise occasionally to Beriah, higher than the angels, whose abode is in Yetzirah, as mentioned above, never rising to Beriah, although they too, like the angels,served G‑d only with natural fear and love; why, then, is their service of G‑d considered superior to that of the angels?
היינו שעל ידי דחילו ורחימו שלהם, אתכפיא סטרא אחרא המלובשת בגופם
because through their fear and love, the sitra achra clothed in their body is subdued,
בין בבחינת סור מרע, לכבוש התאוות ולשברן
whether (in the case of fear) in the realm of “turning away from evil” (refraining from doing evil, and thereby)conquering and crushing their desires through not giving their illicit desires expression in thought, speech and action,
ובין בבחינת ועשה טוב, כנ״ל
or whether (in the case of love) subduing the sitra achra in the realm of “doing good” as mentioned above, i.e., actively pursuing the observance of the mitzvot out of love for G‑d, despite the contrary desire of the animal soul which is rooted in the sitra achra.
והם היו בעלי בחירה, לבחור ברע, חס ושלום
These souls, while in the physical world, had freedom of choice; they might have chosen evil, G‑d forbid,
ובחרו בטוב, לאכפיא לסטרא אחרא, לאסתלקא יקרא דקודשא בריך הוא כו׳ כיתרון האור כו׳, כנ״ל
yet they chose good — to subdue the sitra achra, so that G‑d’s glory be elevated... [in all Worlds], with an elevation similar to the superiority of light... [emerging from the darkness] over ordinary light, as mentioned above. By dispelling the darkness of sitra achra, these souls added to the light of holiness.
Thus, although these souls served G‑d as angels do, with love and fear that are natural, not intellectual, yet their service ranks higher than that of an angel; for the soul acts out of free choice, while the angel is a creature of compulsive instinct (albeit holy instinct). Therefore it is occasionally granted to the soul, unlike the angel, to rise to the Higher Garden of Eden inBeriah.
In the following paragraphs, the Alter Rebbe will differentiate between the respective stations of the souls on the one hand, and of their divine service (i.e., the actual Torah and mitzvot that the soul studies and observes) on the other. But before examining his words, an introduction is in order:
Although we spoke above of the Sefirot of each of the Four Worlds, it must nevertheless be understood that the Sefirot of each World do not constitute that World itself. The Sefirot represent, rather, the G‑dliness inherent in each World — its divine life-force. The World itself, on the other hand, is a Yesh, a separate being, which comes about through the Sefirot.
The significance of this distinction with regard to our discussion is as follows: The Alter Rebbe spoke above of the abode of the soul in either the World of Yetzirah or the World of Beriah (depending on the level of its divine service). The emphasis here is on the word “World”: the soul’s abode is in the World of Beriah or Yetzirah (also described as the heichalot(“Chambers”) of these Worlds), not in the Sefirot of these Worlds.
The soul’s divine service, on the other hand, ascends to the Sefirot (of the appropriate World); this means, in effect, that it is absorbed in the Ein Sof.
In fact, the soul’s reward in the Garden of Eden, described before as the pleasure of “basking in the radiance of the Shechinah,” is actually the radiance of the Torah and mitzvot that the person observed while in this physical world, which have ascended to the supernal Sefirot.
In the Alter Rebbe’s words:
והנה כל זה הוא במדור הנשמות ומקום עמידתן
All the aforesaid concerns the abode and station of the souls. (The Rebbe notes: “Station” is not necessarily synonymous with “abode”; a soul whose abode is in Yetzirah may rise periodically (on Shabbat and Rosh Chodesh) to a temporary station in Beriah, as said above.)
אך תורתן ועבודתן נכללות בי׳ ספירות, שהן בחינת אלקות, ואור אין סוף מתייחד בהן בתכלית היחוד
Their Torah and divine service, however, are actually absorbed in the Ten Sefirot, which are a manifestation of G‑dliness, and with which the Ein Sof-light unites, in perfect unity i.e., the Ein Sof-light radiating in each World is completely unified with the Sefirot of that World.
והיינו בי׳ ספירות דבריאה על ידי דחילו ורחימו שכליים, ובי׳ ספירות דיצירה על ידי דחילו ורחימו טבעיים
Specifically, this means that one’s Torah and divine service ascend to the Ten Sefirot of Beriah, when generated by intellectual fear and love, and to the Ten Sefirot of Yetzirah when prompted by natural fear and love.
ובתוכן מלובשות י׳ ספירות דאצילות, ומיוחדות בהן בתכלית
Now, within them (within the Sefirot of Beriah and Yetzirah) are clothed the Ten Sefirot of the World of Emanation —Atzilut, and they are completely unified with them: the Sefirot of Atzilut are clothed in, and completely unified with, the Sefirot of Beriah and Yetzirah.
וי׳ ספירות דאצילות מיוחדות בתכלית במאצילן, אין סוף ברוך הוא
The Ten Sefirot of Atzilut are, in turn, perfectly united with their Emanator, the Blessed Ein Sof. It follows, then, that by ascending to the Sefirot of Beriah or Yetzirah, the soul’s Torah and divine service actually unite with the Ein Sof.
מה שאין כן הנשמות אינן נכללות באלקות די׳ ספירות
The souls, on the other hand (in contrast with their Torah and divine service), are not absorbed into the G‑dliness of the Ten Sefirot,
אלא עומדות בהיכלות ומדורין דבריאה או יצירה
but stand instead in the “chambers” and “abodes” of Beriah or Yetzirah, which are the Worlds of Beriah andYetzirah, separate beings that are not united with G‑d as are the Sefirot.
ונהנין מזיו השכינה, הוא אור אין סוף ברוך הוא, ומיוחד בי׳ ספירות דבריאה או דיצירה
There [the souls] delight in the radiance of the Shechinah, meaning the Blessed Ein Sof-light [as it is] unified with the Ten Sefirot of Beriah or Yetzirah;
והוא זיו תורתן ועבודתן ממש עיין זהר, ויקהל, דף ר״י
and this radiance that they enjoy is actually a “ray” of [the light of] their own Torah and divine service (seeZohar, Parshat Vayakhel, p. 210),
כי שכר מצוה היא מצוה עצמה
for “The reward of a mitzvah is the mitzvah itself.”
A “ray” issuing from the mitzvot that they have performed, and that have become united with the Ein Sof, shines forth upon the tzaddikim in the Garden of Eden; it is the revelation of this ray that delights the soul.
From this we may catch a glimpse of the stature of a mitzvah performed in this world. From a mere glimmer of the light radiated by a mitzvah, a soul in Paradise derives pleasure so exquisite that, as our Sages say, all the suffering of Purgatory — a suffering so acute that one moment of it is worse than enduring seventy years of Job’s afflictions — is worthwhile, so long as it enables one subsequently to experience the boundless delight of Paradise.
In fact, were the soul when in Paradise to apprehend the essence of the mitzvah instead of a mere ray of it, it would expire — it would dissolve out of existence in the intensity of its light.
This is the meaning of the Mishnah,5 “Better one hour of repentance and good deeds in this world, than all the life of the World to Come.” For in the World to Come the soul has only a glimmer of the light of mitzvot, whereas in this world we have the essence of mitzvot, whereby we are united with G‑d Himself.
The soul’s great pleasure in Paradise is due only to its clear perception of the ray of light given off by the mitzvah, a perception that we lack in this physical world; wherefore the Mishnah concludes, “Better one hour of bliss in the World to Come, than all the life of this world” — better even than the bliss of fulfilling the Torah and mitzvot in this world, for true bliss can be experienced only in Paradise, where the soul actually perceives and grasps the G‑dliness of the Torah and mitzvot.
| FOOTNOTES | |
| 1. | Yechezkel 1:10. |
| 2. | The divine service of angels, the Rebbe points out, would seemingly have no place in Tanya, whose purpose is to serve as a guide to Beinonim — a guide to every Jew’s service of G‑d. The simple reason, explains the Rebbe, is to emphasize the lofty level of Torah and mitzvot that are motivated by intelligent love and fear of G‑d. So sublime is this form of service, that it transcends the service of angels. Moreover: Since this is a book written for Beinonim, the Alter Rebbe seeks to make it perfectly clear that it is “very nigh” — because it is innate — to every Jew to perform Torah and mitzvot with love and fear of G‑d experienced in the heart. An individual who attains this degree of natural love and fear of G‑d but lacks intellectual love and fear, should not be misled into thinking that his love and fear lacks intensity and consequently, his resultant actions are deficient as well. Rather, this degree of love and fear, too, is of remarkable intensity. The Alter Rebbe makes his point by emphasizing that both the angels and the creatures of the Divine Chariot serve G‑d out of natural love and fear of Him. We are thus able to understand how great this manner of service truly it. It is deficient only in that it is an emotional form of service rather than an intellectual one. However, with regard to service of G‑d being “very nigh in your heart,” natural love and fear fulfill this function admirably. Thus, every Jew is quite capable of revealing his latent love and fear of G‑d so that it emerge forcefully, for his love and fear is similar to the love and fear experienced by the angels and other celestial beings. This ensures that a Jew’s actions, which result from his feelings toward G‑d, be performed in a forceful manner as well, so that each and every Jew perform Torah and mitzvot with the inner life and vitality that stems from his love and fear of G‑d. |
| 3. | Iyov 32:8. |
| 4. | The Rebbe explains that the Alter Rebbe’s statement regarding an ascent from the lower to the higher level of Gan Edenby means of the “pillar” answers the following question: How is it possible that there be an ascent from the level of “animal”, the lower level of the Garden of Eden, to the level of “man”, the higher level of the Garden of Eden? This is possible, says the Alter Rebbe, by means of the “pillar”. This also serves to demonstrate that though the higher and lower levels of the Garden of Eden are two distinct categories, it is nevertheless possible to ascend from one to the other. |
| 5. | Avot 4:17. |
• Sefer Hamitzvos:• English Text | Hebrew Text |
Audio: Listen | Download | Video Class• Wednesday, Adar II 27, 5776 · April 6, 2016Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
Negative Commandment 149
A Non-Priest Partaking of the Holiest Sacrifices
"But a stranger shall not eat of them because they are holy"—Exodus 29:33.
A non-priest may not eat of the "Holy of Holies" sacrifices (e.g., the flesh of the Sin Offering).
Full text of this Mitzvah »• A Non-Priest Partaking of the Holiest Sacrifices
Negative Commandment 149
Translated by Berel Bell
And the 149th prohibition is that a non-kohen is forbidden from eating kodshei kadashim.
The source of this prohibition is G‑d's statement,1 "A non-kohen may not eat [kodshei kadashim], because they are holy."
The punishment of lashes is given only when the eating takes place in the Temple courtyard, and after the blood has been sprinkled [on the altar].2
FOOTNOTES
1.Ex. 29:33.
2.I.e. under conditions which would make it permissible for a kohen to consume the sacrifice.
Positive Commandment 132Declaration of the First Fruits
"And you shall call out and say before G‑d, your G‑d: 'An Aramean [sought to] destroy my father..."—Deuteronomy 26:5.
When bringing the First Fruit to the Holy Temple, the owner is commanded to speak of G‑d's kindness towards us and express gratitude to G‑d for saving us ever since the times of Jacob, and rescuing us from the slavery and the tormenting of the Egyptians. The owner then beseeches G‑d to continue showering blessing upon us.
Women are not obligated to make this declaration.
Full text of this Mitzvah »
• Declaration of the First Fruits
Positive Commandment 132
Translated by Berel Bell
The 132nd mitzvah is that we are commanded that when bringing bikkurim, one must make a proclamation of the kindness G‑d has bestowed upon us: how He saved us from the early difficulties of our patriarch Ya'akov and from the slavery and affliction of the Egyptians; to thank Him for all this and to ask that He continue His blessings forever.
The source of this commandment is G‑d's statement,1 "You shall then make the following declaration before G‑d your L‑rd: 'An Aramean tried to destroy my ancestor....' " until the end of the entire section. This mitzvah is called mikra bikkurim.
The details of this mitzvah are explained in tractate Bikkurim and the 7th chapter of Sotah. Women are not obligated in this mitzvah.
FOOTNOTES
1.Deut. 26:5.
• 1 Chapter: Maaseh Hakorbanot Maaseh Hakorbanot - Chapter 5 • English Text | Hebrew Text | Audio: Listen | Download | Video Class• Maaseh Hakorbanot - Chapter 5
Audio: Listen | Download | Video Class• Maaseh Hakorbanot - Chapter 5
Halacha 1
We have already explained1 that the slaughter of consecrated animals is acceptable even when performed by non-priests.2 From the receiving of the blood and onward, the mitzvah is that of the priests.3 The blood of all the sacrifices must be received in a sacred utensil4 held by a priest's hand.5Nevertheless, the place where they are slaughtered and their blood is received is not the same in all instances.
Halacha 2
What is implied? Sacrifices of the most sacred order may be slaughtered and their blood may be received6 in the any portion of [the area designated as] north of the altar whose boundaries we defined in the beginning of this book.7Sacrifices of lesser sanctity may be slaughtered and their blood received in every place in the Temple Courtyard.
Halacha 3
What is the source that teaches the sacrifices of the most holy order may be slaughtered only in the northern portion of the Temple Courtyard. With regard to a burnt-offering, [Leviticus 1:11] states: "And it shall be slaughtered on the northern flank of the altar." And with regard to the sin-offering, [ibid. 6:18] states: "In the place where the burnt-offering is slaughtered, you shall slaughter the sin-offering." And just as a sin-offering is called a sacrifice of the most sacred order,8 so too, the burnt-offering is called, a sacrifice of the most sacred order.9 With regard to the guilt-offering, [ibid. 7:2] states: "In the place where the burnt-offering is slaughtered, you shall slaughter the guilt-offering." And an association was established between communal peace-offerings10and sin-offerings, as [ibid. 23:19] states: "You shall offer one he-goat as a sin-offering and two sheep a year old as a peace-offering." Therefore, they are considered sacrifices of the most sacred order like a sin-offering and are slaughtered in the place where it is slaughtered.11 In the place where [these sacrificial animals] are slaughtered, their blood should be received.
Halacha 4
What is the source that teaches that sacrifices of lesser sanctity may be slaughtered in any place in the Temple Courtyard, even behind the Temple building?12With regard to the peace-offerings, [Leviticus] 3:2] states: "And you shall slaughter it at the opening to the Tent of Meeting," this indicates that all directions are acceptable,13 for a particular direction was not specified. The same applies to other sacrifices of lesser sanctity. If they were slaughtered in the Temple building itself, they are acceptable.14 If, however, they slaughtered them on the roof of the Temple building,15 they are not acceptable, for the roofs are not fit for ritual slaughter at all. It must be performed on the earth of the Temple Courtyard.
Halacha 5
Peace offerings16 that were slaughtered before the gates to the Temple building were opened are unacceptable,17 as [indicated by the prooftext,] "at the opening to the Tent of Meeting," i.e., when it is open. Even if the doors were closed, [but not locked,] they are considered as locked. However, the curtain that is over [the entrance]18 does not disqualify [the offering].
Halacha 6
The manner in which the blood of a burnt-offering, a guilt-offering, and a peace offering, whether communal or individual, is cast on the altar is the same for all three types of sacrifices at all times.
What does [the priest] do? The priest takes the blood which is in a receptacle and casts it from the receptacle19 twice, [once] on each of two of the corners of the altar on a diagonal, on the bottom half of the altar.20 [The corners were] the northeast and the southwest.21 When casting the blood on the corners, he should have the intent that the blood will surround the corners like a gamma.22In this way, the blood from these two castings will be found on the four walls of the altar.23 For with regard to the burnt-offering and the peace-offering, [the Torah] uses24 the term "surrounding."25 This also applies to the guilt offering.26The remainder of the blood is poured on the foundation on the southern side of the altar.
Halacha 7
The sin offerings from which [the priests] partake require four presentations [of blood], [one] on each of the four corners of the outer altar, on its upper half,27 for concerning it, [Leviticus 4:25] states: "On the corners of the altar.28
What should [the priest] do? When the priest takes the blood in the receptacle, he carries it to the altar. He dips the index finger of his right hand29 into the blood. He then places his thumb [on one side of the altar] and his middle finger [on the other side] and applies30 [the blood] on the point of the corner of the altar, descending until he finishes [bestowing] all the blood on his finger. He does this on each corner. If he placed the blood near the corner, within a cubit on either side, he achieves atonement [for the owner of the sacrifice].31
Halacha 8
He must dip his finger [in the blood] before applying it to each corner. When he finishes applying it to the corner, he should clean his finger on the [outer] edge of the container.32 He then dips it in a second time, for the blood on his finger is unacceptable to place on another corner.
Halacha 9
None of the other sacrifices require the application of the blood on the altar with one's finger aside from the sin-offering,33 for with regard to it [Leviticus 4:6] states: "And he shall dip his finger into the blood." There must be enough blood so that he can dip his finger into it. He should not collect the blood with his finger.
Halacha 10
From [which] corner should he begin? He should ascend on the ramp and turn to his right, walking on the surrounding ledge. He should apply the blood to the southeast corner first and then to the second corner that is close to it, the northeast corner.34 Afterwards, he should proceed to the third corner, [the one] next to it, the northwest corner, and afterwards, to the fourth corner next to it, which is the southwest. On the base of the altar at the corner which he completed the applications of the blood, he pours out the remaining blood,35as [Leviticus 4:17] states: "And all of the [remaining] blood he should pour on the base of the altar of the burnt-offerings."36 This refers to the base on the southern side [of the altar].
Halacha 11
Halacha 12
How is their blood sprinkled and how many sprinklings are made? The blood of both the bull39 and the goat40 offered on Yom Kippur require eight sprinklings between the staves [of the ark] and eight sprinklings on the curtain [before the Holy of Holies]. He then mixes together the blood of the bull and that of the goat and sprinkle four times, one on each of the four corners of the golden altar in the Temple building and seven sprinklings on the center of this altar, as will be explained in Hilchot Avodat Yom HaKippurim.41 [Even] if he did not carefully direct the sprinklings42 performed in the innermost [chamber], they are acceptable.
Halacha 13
Halacha 14
With regard to the blood placed on the golden altar: When he enters [the Sanctuary],46 he stands between the altar and the Menorah47 with the altar in front of him. He should [sprinkle the blood] on the outer side of the horns of the altar. He should begin with the northeast corner and [proceed] to the northwest and then to the southwest and then to the southeast.
Halacha 15
Halacha 16
The goats [offered in atonement for] idol worship are called the goats which are burnt. The Torah does not explicitly state how their blood was sprinkled [on the altar]. Nevertheless, since they are communal sin offerings, the laws applying to them should be the same in their particulars as those applying to the bull brought because of a forgotten law, for it is also a communal sin-offering. [This applies to] the sprinkling of the blood, burning [the sacrifices], and the impurity they impart to the one who has them burnt.
Halacha 17
The blood of each [of the following], the firstborn offering, the tithe offering, and the Paschal sacrifice is required to be presented to the altar through one pouring at its base, in any direction one desires on the three corners of the altar that have a base. For, as we explained,50 the southeastern corner did not have a base.
What is the source that teaches that all that is required is one present? For with regard to the first born sacrifice, [Numbers 18:17] states: "You shall cast its blood on the altar." According to the Oral Tradition, we learned that this also applies to the tithe offering and the Paschal sacrifice. Their blood is presented once like that of the firstborn offering.
Halacha 18
The eimorim51 of all the sacrifices are the first [elements of the sacrifice] offered on the pyre of the altar after the blood is cast [on the altar].52 All of the sacrificial [animals] are skinned and then the eimorim are removed. They are not skinned until the blood is cast. [This applies] with the exception of the sin-offerings, for they are not skinned at all,53 as [Leviticus 16:27] states: "You shall burn with fire their hide and their flesh." Thus, [the order of sacrifice is] first the blood is cast [on the altar].54 Then the sacrificial [animals] are skinned and then their [bellies] are ripped open, the eimorim are removed and offered [on the pyre of the altar].
Halacha 19
All of the hides of the sacrifices of the most sacred order - whether communal offerings or individual offerings - are given to the priests, as [Leviticus 7:8] states: "The hide of the burnt-offering55 he offered [shall belong to that priest]." The hides of sacrifices of lesser sanctity, by contrast, are given to the owners. Whenever the flesh of a burnt-offering did not merit to be offered on the altar,56 the priests do not acquire its hide, as [implied by the above verse which] states: "the burnt-offering of a man." [We can infer that it refers only to] a burnt-offering that was acceptable for a man.
Halacha 20
In all instances that a disqualifying factor was caused in one of the sacrifices of the most sacred order before they were skinned, their hides are not granted to the priests.57 [If they are disqualified] after they are skinned, their hides are granted to the priests. All of the hides should be divided among the members of the priestly watch from Friday to Friday.58
Halacha 21
When a person consecrates a burnt-offering to the Temple treasury59 or one consecrates his property [to the Temple treasury] and among [his possessions] were male animals concerning which the law is that they should be sacrificed as burnt-offerings,60 the hides are not given to the priests, for [the prooftext] states: "the burnt-offering of a man." This excludes the burnt-offering of the Temple treasury. Instead, the hides should be sold and the money given to the Temple treasury.
The hide of a burnt-offering brought by] a man or a woman, a gentile61 or a servant, is given to the priests. The term "man" was used only to exclude the Temple treasury.
FOOTNOTES
1.
See Hilchot Bi'at HaMikdash 9:6.
In this chapter, the Rambam explains the place where sacrifices are offered and the manner in which the blood and fats from the sacrifices is presented to God.
2.
Indeed, a non-priest may slaughter a sacrificial animal as an initial preference (Radbaz).
3.
Leviticus 1:5 states: "The sons of Aaron will offer it." Implied is that all the acts involved in offering the animal should be performed by the priests (Zevachim 32a).
4.
Zevachim 97b notes that Exodus 24:5-6 speaks of the blood of peace-offerings being received in sacred vessels. Now if this is a requirement for peace-offerings which are sacrifices of lesser sanctity, it certainly holds true for sacrifices of the most sacred order.
5.
I.e., the receptacle may not be resting on the ground (Radbaz).
6.
Since, as implied by Chapter 4, Halachah 8, one must receive the blood immediately after slaughter, this is seemingly obvious. It could be explained that the Rambam is implying that even after the fact, receiving the blood elsewhere disqualifies the sacrifice. Moreover, even if he received only part of the blood outside the northern portion of the Temple Courtyard, the sacrifice is disqualified (Radbaz).
7.
See Hilchot Beit HaBechirah 5:16 states:
[The area] from the northern wall of the Temple Courtyard until the wall of the Altar, was sixty and a half [cubits] wide. The length of this area, from the wall of the Entrance Hall until the eastern wall of the Courtyard, was 76 [cubits].The rectangle [described above] is called "the northern portion." The sacrifices of the most sacred order were slaughtered there.
The 60 and a half cubit width can be broken down as follows:
the space between the pillars and the northern wall, 8 cubits,
the area of the pillars 12.5 cubits,
the area of the tables, 8 cubits,
the area of the rings, 24 cubits,
the space between the rings and the Altar, 8 cubits. It was also called beit hamitbachayim, the butchering area, because here the large majority of sacrifices were slaughtered and prepared to be offered on the altar.
8.
In the verse cited.
9.
In the Rambam's Commentary to the Mishnah (Zevachim 5:1), he explains that although there is no specific verse referring to a burnt-offering as a sacrifice of the most sacred order, since an equivalence is established between it and a sin-offering and a guilt-offering, we can assume that it is included in that category.
10.
This refers to the sheep offered on Shavuot. Different laws apply to individual peace-offerings, as stated below.
11.
The Kessef Mishneh notes that based onNumbers 10:10, Zevachim 55a establishes an association between communal peace-offerings and burnt-offerings and asks why the Rambam prefers the association with the sin-offerings. Seemingly, deriving the concept from the burnt-offering would be more direct. In resolution, he explains that since the Torah states that the sin-offering should be slaughtered in the same place as the burnt-offering, it is as if it is explicitly stated that the sin-offering should be slaughtered in the north. Hence, the derivation is not indirect.
12.
Zevachim 54b explains that there was a small opening at the rear of the Holy of Holies. Since the area behind the Temple building could see the Holy of Holies, it was considered as if it saw "the entrance to the Tent of Meeting."
13.
In addition to the verse cited, Zevachim 55a states that there is another verse (Leviticus 3:8) which mentions the slaughtering a sacrifice "before the Tent of Meeting." It explains that both verses are necessary, for from the verse cited by the Rambam, one would not know that it is permissible to slaughter an animal in the side portions of the Temple Courtyard. Indeed, the Kessef Mishneh suggests that a printing error crept into the Mishneh Torah and the Rambam indeed desired to cite Leviticus 3:8.
14.
For if seeing the entrance to the Temple Building makes a sacrifice acceptable, certainly, being inside the Temple building itself does (Zevachim 63a).
15.
Needless to say, this applies with regard to the roofs of the chambers in the Temple Courtyard (Radbaz). For the roofs of the structures in the Temple complex were not consecrated (Pesachim 85b).
16.
Tosafot, Yoma 29a, maintains that this also applies to any other sacrificial animals that must be slaughtered. This view is not, however, accepted by all authorities (see the commentaries to Zevachim 61a).
17.
This law also applies if the gates to the Temple were closed during the day, but that generally did not take place (Radbaz).
18.
See Hilchot K'lei HaMikdash 7:17.
19.
I.e., unlike the sin-offering mentioned in Halachah 9, he need not sprinkle it with his hand.
20.
Beneath the scarlet band that was tied around the middle of the Altar. See Hilchot Beit HaBechirah 2:9. If he cast the blood above that band, the sacrifice is disqualified.
21.
The priest would cast the blood on the northeast corner and then the southwest in that order (Tamid 4:1), so that when walking, he would be circling the altar to the right (Yoma 15b). These corners were chosen because there was no base on the altar's northwest corner (Hilchot Beit HaBechirah2:10).
22.
A Greek letter whose shape resembles an upside-down "L."
23.
Hence our Sages (Zevachim 53b, et al) uses the expression: "Two presentations of blood that constitute four."
24.
Leviticus 1:11, 3:2.
25.
And in the manner described above, the blood will be cast on all four sides of the altar.
26.
Leviticus 7:2 which describes the guilt offering also uses the term "surrounding." Nevertheless, its wording is slightly different.
27.
If the blood is placed below the midway point of the altar, the sacrifice is disqualified.
28.
Implying that it must be placed on all four corners.
29.
For all service is performed with the right hand. See Hilchot Bi'at HaMikdash 5:18.
30.
The verb used by the Rambam (and his source, Zevachim 53a) refers to the wording employed by Leviticus 6:19, which means "performs the service of the sin-offering."
31.
I.e., after the fact, the sacrifice is acceptable.
32.
So that it does not become mixed with the blood remaining in the container (Zevachim93b).
33.
See Halachah 6.
34.
For he is circling to the right, as required (Zevachim 62b).
35.
If he fails to do this, the sacrifice is not disqualified (see Chapter 19, Halachah 4).
36.
The Kessef Mishneh suggests amending the prooftext to Leviticus 30:34 for that verse refers to the sin-offerings brought on the outer altar, while the verse cited by the Rambam refers to the sin-offerings whose blood is sprinkled within the Temple itself.
37.
See Chapter 1, Halachah 16, for a definition of this term.
38.
See the following halachah for an actual description.
39.
The sin-offering of the High Priest and his priestly brethren.
40.
The goat whose pair was sent to Azazel.
41.
Hilchot Avodat Yom HaKippurim 4:2.
42.
The sprinklings had to be directed, one upward and seven downward, as will be explained in Hilchot Avodat Yom HaKippurim. If the High Priest was not careful about directing the sprinklings in this manner, they are still acceptable.
This is the interpretation offered by Rav Yosef Corcus and also suggested as an alternative by the Kessef Mishneh. TheKessef Mishneh, however, also offers another interpretation: that the Hebrew should be translated as "he did not have the intent," i.e., he performed the act without the intent of it being a mitzvah. This can be connected to a question of a much larger scope: Must a person who performs a mitzvah have the intention of doing so or not? From Rosh Hashanah 32b, it would appear that such intention is necessary. However, other Talmudic sources imply that there is no need for such intention. Whenever a person performs the deed of a mitzvah, he fulfills his obligation, regardless of his intention.
On the surface, the Rambam's own decisions regarding this question appear paradoxical. Hilchot Chametz UMatzah 6:3 states: "A person who eats matzah without the intention [of fulfilling the mitzvah]... fulfills his obligation." By contrast, Hilchot Shofar2:4 states that a person who hears the sounding of the shofar from one who blows it casually, without the intent of performing a mitzvah, does not fulfill his obligation. There is extensive debate about this issue among the commentaries. The general consensus is that one must have the intent of performing a mitzvah. The situation involving matzah is unique for various reasons, each authority explaining the rationale for the exception in his own way. See the discussion of the rulings cited for more details.
43.
These include a bull brought by a High Priest as a sin-offering and the bull brought as atonement for a law forgotten by the High Court (Chapter 1, Halachot 15-16).
44.
As atonement for the prohibition against idol worship (ibid.).
45.
This is stated explicitly with regard to the sin-offering brought by the High Priest inLeviticus 4:6-7 and the bull brought because of the error of the High Court (ibid.:17). The sprinkling of the blood of the goats is derived from the laws regarding these offerings as stated in Halachah 16.
46.
With regard to the sprinkling of the blood on Yom Kippur, this refers to the entry of the High Priest from the Holy of Holies. With regard to the other sacrifices, it refers to the entry into the Sanctuary from the Entrance Hall. The commentaries see a difficulty between the Rambam's words here and his statements in Hilchot Avodat Yom HaKippurim 4:2.
47.
The Menorah was on the southern side of the Sanctuary (to the left of the priest as he faces the Holy of Holies).
48.
The High Priest.
49.
As related by Leviticus 4:6, he sprinkles the blood toward the curtain separating the Sanctuary from the Holy of Holies.
50.
Hilchot Beit HaBechirah 2:10.
51.
The fats and the inner organs that are offered on the altar.
52.
This order is explicitly stated in the Torah's description of the manner in which several sacrifices are offered, e.g., Numbers 18:17: "Their blood shall the cast upon the altar and their fats they shall offer on the altar's pyre."
53.
See Chapter 7, Halachah 2.
54.
For otherwise there would be an interruption between receiving the blood and casting it upon the altar (Rashi, Zevachim103b). This, however, is not an absolute requirement. If the animal is skinned first, the sacrifice is not disqualified (Hilchot Pesulei HaMukdashim19:9).
55.
And from the burnt-offering, we derive that this law applies to other sacrifices of the most sacred order (Zevachim 103a).
56.
I.e., the sacrifice was disqualified before its blood was cast on the altar in which instance, it was never required that its flesh would be offered on the altar.
57.
Instead, they are burnt together with the meat of the sacrifice (Hilchot Pesulei HaMukdashim 19:9).
58.
The Tosefta, Zevachim, ch. 11, states that originally, the hides were divided daily among the members of the clan who served in the Temple that day. Nevertheless, under these circumstances, strong-armed priests would seize the hides from others. Hence, they organized a larger division where seizing the hides in that manner would not be possible.
59.
It is offered on the altar, but it is not considered as his personal sacrifice.
60.
Rambam LeAm notes that there is a difference of opinion concerning this matter in the Mishnah (Shekalim 4:7), one opinion states - as the Rambam states here - that the male animals should be offered as burnt-offerings. Rabbi Eliezer maintains that the males should be sold to others to be offered as burnt-offerings. Significantly, when referring to this law in Hilchot Arachin and in his Commentary to the Mishnah, the Rambam follows Rabbi Eliezer's position.
61.
The Kessef Mishneh notes that the standard published texts for Zevachim 103a speak about a convert rather than a gentile. He favors the Rambam's version of the text, because seemingly there is no reason to separate between a convert and another Jew in this regard.
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Halacha 1
The first fruits are given to the men of the priestly watch1 [on duty at that time]. They divide them among themselves like the Temple sacrifices.2 We have already explained that [the first fruits] are called terumah.3 Therefore a non-priest who partakes of the first fruits anywhere4 is liable for death at the hand of heaven,5 provided he partook of them after they entered the walls of Jerusalem.6
Halacha 2
If a portion [of the first fruits] were inside Jerusalem and a portion were outside,7 [a non-priest] is liable for death for the portion that is inside and it is considered as consecrated property in all contexts. The portion that is outside is considered as ordinary property in all contexts.
Halacha 3
When a priest partakes of the first fruits outside of Jerusalem after they have entered inside [the city's] walls, he is liable for lashes according to Scriptural Law, as [Deuteronomy 12:17] states: 'You may not eat within your gates...8the terumah of your hand.' [The latter term] refers to the first fruits,9 as we explained in Hilchot Terumah.10
Similarly, if a priest partakes of them in Jerusalem before they are placed in the Temple courtyard,11 he is liable for lashes according to Scriptural Law, as if he partook of them outside of Jerusalem,12 because [the first fruits] must be placed down in the Temple Courtyard as [ibid. 26:10] states: 'And you shall place them before the altar of God your Lord.'
Halacha 4
Halacha 5
[The laws applying to] partaking of the first fruits are identical [to those applying] to partaking of terumah in all of their details. In addition, [the following stringencies apply with regard] to first fruits. They are forbidden to one in the acute state of one in mourning.15 They must be brought to [Jerusalem]. And a priest who is ritually pure who partook of the first fruits that were impure receives lashes like an Israelite who is ritually pure who partook of the second tithe that became impure.16 [These concepts] do not apply with regard toterumah.17
Halacha 6
What is the source which teaches that the first fruits are forbidden to anonein?18 With regard to these fruits, [Deuteronomy 26:11] states: 'And you shall rejoice in all the good.'19 Implied is that they have to be eaten in a state of happiness and not in a state of acute mourning. One who partakes of [these fruits] in a state of acute mourning is liable for stripes for rebellious conduct.20
Halacha 7
The first fruits must [be brought in] a container, as [ibid.:2] states: 'And you shall place them in a container.' The most preferable way of performing the mitzvah is to bring each type of fruit in a separate container. If one brings them [all] in one container, he has fulfilled his obligation. [Even in such an instance,] he should not bring them mixed together. Instead, he should bring the barley below,21 wheat on top of it, olives on top of it, dates on top of them, pomegranates on top of them, and figs on the top of the container. There should be a substance, e.g., palm leaves, wild grass, or leaves, or the like, that intervenes between each type of produce. One should surround the figs with clusters of grapes from the outside.
Halacha 8
When a person brings the first fruits in a metal container, the priest takes them and returns the container to its owner. If he brings them in a reed or grass basket or the like, both the first fruits and the basket should be given to the priests.22 If the first fruits become impure, the baskets should not be given to the priests.23
Halacha 9
When they would bring the first fruits, they would also bring turtle doves and doves in their hands. Similarly, they would hang turtle doves and doves from the sides of the baskets24 in order to adorn the first fruits. Those that were with the baskets would be offered as burnt offerings25 and those they would bring by hand would be given to the priests [as presents].26
Halacha 10
It is a positive commandment27 to make a declaration in the Temple concerning the first fruits when they are brought. One should begin and say [Deuteronomy 26:3-10]: 'I am making a statement to God your Lord that I have come to the land... An Aramean [sought] to destroy my ancestor...'until he completes the entire passage, concluding: '...You gave me, O God.' [This declaration] may only be made in the Holy Tongue, as it states: 'And you shall respond and say.'28
Halacha 11
At first, those who knew how to read would read [the passage themselves] and those who did not know how to read would read after one who read for them. [As a result,] those who did not know how to read would refrain from bringing [the first fruits] so that they would not be embarrassed.29 [Hence] the court ordained that the passage would be read for one who knows how to read like it is read for one who does not know.30
Halacha 12
A person who brings the first fruits is permitted to give them to his servant or his relative [to carry] throughout the journey until he reaches the Temple Mount.31When he reaches the Temple Mount, even if he is a king of Israel,32he must place the basket on his own shoulder33 and proceed until he reaches the Temple Courtyard. He should read [the declaration,] 'I am making a statement to God your Lord today...,' while the basket is still on his shoulder. He then removes the basket from his shoulder. While he holds it by its edge, the priest puts his hand below it and raises it [up and down and to all four directions].34 He then reads: An Aramean [sought] to destroy my ancestor and he descended to Egypt...' until he completes the entire passage.' He then places the first fruits at the side of the altar, at the southwest comer, on the south side of the altar.35 He then prostrates himself36 and departs.
What is the source which teaches that the first fruits must be raised [up and down and to all four directions]? [The above prooftext states:] 'And the priest shall take the basket from your hand,' including [an obligation to] raise the first fruits [up and down and to all four directions]. Just as [the first fruits] must be raised [up and down and to all four directions], so to they require that a peace offering be brought with them and song [accompany their offering], for with regard to them, [ibid.:9] states: 'And you shall rejoice in all the good.' [Now,] with regard to the festivals, [ibid. states: 'And you shall rejoice on your festivals.' [An association is drawn between the two:] Just as the happiness of the festivals is marked by peace offerings, so too, peace offerings [are required] here. [Nevertheless,] these offerings are not absolute requirements.37
Halacha 13
When is a song pronounced over them? When they reach the Temple courtyard. The Levites would begin proclaiming:38 'I will exalt You God, for You have drawn me up...' (Psalms 30:2).39
Halacha 14
[When bringing] the first fruits, it is necessary that one remain [in Jerusalem] overnight.
What is implied? When a person brought his first fruits to the Temple, made the declaration, and offered his peace offerings, he should not depart from Jerusalem that day to return home.40 Instead, he should stay in Jerusalem overnight and return to his city on the following day, as [Deuteronomy 16:7] states: 'And you shall turn back in the morning and return to your tent.' [That verse41 teaches a general principle:] All occasions when you turn from the Temple when you visit it should only be in the morning.42
Thus the first fruits require seven factors: a) that they be brought to [Jerusalem], b) [in a] container, c) that the declaration be recited, d) that they be accompanied by a peace offering, e) and song, f) that they be raised [up and down and to all four directions], and g) that the person stay overnight [in Jerusalem].
FOOTNOTES
1.
The priests were divided into 24 watches. Each one would serve in the Temple for a week at a time.
2.
See Hilchot Ma'aseh Korbanot10:15.
3.
HilchotTerumah15:20, Chapter 2, Halachah 19 above, et al.
4.
I.e., within Jerusalem or outside the city.
5.
The punishment a non-priest incurs for partaking of terumah (Hilchot Terumah 6:6).
6.
It is forbidden to partake of the first fruits in all situations. One does not, however, become liable for this severe penalty unless they first entered the holy city. The rationale is that since a priest may not partake of them until they are brought to Jerusalem, the prohibition against a non-priest partaking of them does not apply until then.
7.
The Aruch LeNer states that there is a difference of opinion among the Rabbis if this law applies when the produce is carried in a single container or only when it is carried in two containers.
8.
I.e., in cities outside of Jerusalem.
9.
Sefer HaMitzvot (negative commandment 149) and Sefer HaChinuch (mitzvah 449) include this commandment among the 613 mitzvot of the Torah.
10.
Hilchot Terumah 15:20.
11.
Nevertheless, as indicated by the following halachah, the person bringing the first fruits need not make the declaration for them to be permitted.
12.
I.e., this is included in the same negative commandment.
13.
I.e., Jerusalem, the place where they may be eaten.
14.
Sacrificial meat, by contrast, would be disqualified if this happened.
15.
See the following halachah.
16.
See Hilchot Ma'aser Sheni 3:1.
17.
Although a priest is not allowed to partake of impure terumah, such a transgression is not punishable by lashes. It is only a prohibition that results from a positive commandment (Hilchot Terumah 7:3).
18.
Aninut refers to the state of severe mourning experienced on the day of the death of one's relative. See Hilchot Ma'aser Sheni 3:6.
19.
From this phrase, it is derived (Halachah 13) that it is necessary to bring peace offerings together with the first fruits. However, the two teachings are not exclusive.
20.
Since the prohibition is not stated as a negative commandment in the Torah, one is not liable for lashes as prescribed by Scriptural Law. The Radbaz and others question this ruling, because, as Yevamot73b teaches, an association is established between the first fruits and the second tithe. Hence just as one is liable for lashes for partaking of the second tithe in a state of acute mourning, so too, one should be liable for partaking of the first fruits.
21.
This order is prescribed by the Tosefta, Bikkurim 2:8. The commentaries explain that the rationale for this order is that the produce that is most perishable is placed on top and that which is preserved best on bottom.
22.
Bikkurim 3:8 relates that the rich would bring their first fruits in gold and silver containers, while the poor would bring them in wicker baskets. The rich would thus be allowed to keep their containers, while the poor would have to give them to the priests.
The rationale is that the metal containers are significant and thus cannot be considered to be ancillary to the fruits. Hence they must be returned to their owners. The wicker baskets, by contrast, are not significant and thus are considered to be ancillary to the fruits. Therefore they may be kept by the priests. In this regard, Bava Kama 913 states, 'Poverty pursues the poor,' i.e., because they were too poor to afford expensive containers, they were required to forfeit even their simple baskets.
23.
Since the first fruits themselves are not given to the priests (see Chapter 4, Halachah 10), they do not acquire the containers either.
24.
They were not placed on the baskets themselves, lest they soil the fruit [the Rambam's Commentary to the Mishnah (Bikkurim 3:5)].
25.
For fowl that were given as a free-will offering were sacrificed only as burnt offerings.
26.
The Ra'avad offers a different interpretation of the above mishnah, explaining that only the first fruits were given to the priests, the fowl would be offered as burnt offerings. The Radbaz and the Kessef Mishneh support the Rambam's interpretation. Nevertheless, Rashi (Menachot 58a) and Rav Ovadiah of Bartenura follow the Ra'avad's understanding.
27.
Sefer HaMitzvot (positive commandment 132) and Sefer HaChinuch (mitzvah 606) include this commandment among the 613 mitzvot of the Torah.
28.
Sotah 32a understand this phrase as indicating that the passage should be recited exactly as it is written in the Torah.
29.
I.e., the fact that they did not know the Holy Tongue would be an embarrassment for them. In his Commentary to the Mishnah (Bikkurim 3:7), the Rambam explains that this practice was instituted in the early age of the Second Temple era when many of those who returned to Zion did not know the Holy Tongue, as indicated by Nechemiah 13:24.
30.
In his Commentary to the Mishnah (loc. cit.), the Rambam explains that there is a support for this in the Biblical verse cited above: 'And you shall respond and say.' Anita, translated as 'respond,' has the connotation of repeating what someone else says.
31.
As stated in Chapter 2, Halachah 21, a person should not send his first fruits to Jerusalem via an agent and if he does so, he may not make the declaration (Chapter 4, Halachah 8). Nevertheless, if he himself is bringing them, he may lighten his burden by having another person carry them. All of this applies before he reaches the Temple Mount At that point, he must carry them himself.
32.
The Mishnah (Bikkurim 3:4) cites as an example, the conduct of King Aggripas.
33.
In his Commentary to the Mishnah (loc. cit.), the Rambam states that the Torah explicitly requires the person to bring the first fruits to the priest by hand.
34.
This practice, referred to as tenufah, is required when bringing the peace offerings and other sacrifices.
35.
The side which is before the entrance to the Sanctuary, for the first fruits must be Elaced down 'before God' (Radbaz).
36.
As required by Deuteronomy 26:10.
37.
After the fact, the first fruits are acceptable even if the sacrifices were not brought. The rationale is that the offering is not explicitly mentioned in the Biblical passage (Radbaz to Halachah 14). This concept also applies with regard to the song that should accompany them.
38.
See Chapter 4, Halachah 17.
39.
This psalm relates to the theme of thanksgiving, and was also recited over the thanksgiving offering (Sh'vuot 15b).
40.
The Radbaz and the Kessef Mishneh clarify that even if the person does not bring a sacrifice, he is still required to stay in Jerusalem overnight because of the first fruits.
41.
Which speaks about the pilgrimage festivals, not bringing first fruits.
42.
The commentaries question why, since, this is a general theme, the Rambam mentions it only here and not in other places.
Bikkurim - Chapter 4
Halacha 1
Whenever anyone brings the first fruits, it is necessary that a [peace] offering be brought, song [be recited], they be raised [up and down and to all four directions] and the person remain in Jerusalem overnight.1 The declaration, however, is not a universal requirement. There are some who are obligated to bring the first fruits, but who do not recite the declaration over them.
Halacha 2
The following must bring [the first fruits], but may not recite the declaration: a woman, a tumtum2 and an adrogynus3 - for there is a doubt whether they are considered as a female;4 none of these can say "[the land] which You gave me,"5 and similarly, a guardian, a servant, and an agent, because they cannot say "which You gave me."6
Halacha 3
A convert, by contrast, may bring the first fruits and make the declaration, for [Genesis 17:5] states with regard to Abraham: "I have made you a father to a multitude of nations." Implied is that he is the father of all those who enter under the shelter of the Divine presence.7 The oath that his descendants would inherit the land was given to Abraham first.8 Similarly, the priest and the Levites bring [first fruits] and make a declaration, because they have cities in which to dwell.9
Halacha 4
A person who purchases two trees in his colleague's field10 must bring [the first fruits], but may not recite the declaration.11 [The rationale is that] there is a doubt whether he has a right to the land [on which the trees stand] or not.
What should he do? He should first12 consecrate them to the Temple treasury13 for it is possible that they are ordinary produce14 and non-consecrated food is not brought into the Temple Courtyard.15 The priest then redeems them from the Temple treasury and partakes of them.
He must separate terumah and the tithes from them, because of the possibility that they are ordinary produce. He must give the tithes from them to the priests,16 because it is a possibility that they are first fruits and forbidden to non-priests. He should not bring them himself, but instead, send them via an agent17 so that [the fact] that the declaration [is not recited] will not prevent them from being eaten. For whenever a declaration concerning [first fruits] is not fit to be made because of a doubt concerning their status, [the fact that] a declaration [is not recited] prevents it [from being eaten].18
Halacha 5
If one set aside his first fruits and then sold his field, he should bring them, but not make the declaration, because he cannot say: "[the land] which You gave me,"19 since it no longer belongs to him. The purchaser is not required to separate other first fruits, because the seller has already separated them.20 If, however, he does separate them, he should bring them, but not make the declaration.21 From another species [of produce], he should set aside the first fruits, bring them, and make the declaration.22
Halacha 6
When a person sells [the right to harvest] the produce of his field, the purchaser should bring [the first fruits], but not make the declaration. [The rationale is that] the acquisition of the produce is not equivalent to the acquisition of [the land] itself.23 When, however, one brings first fruits from the property of his wife,24 he makes the declaration even though he does not own the actual land, as [implied by Deuteronomy 26:11]: "which God, your Lord, has given you and your household."25Even if his wife dies after he has set aside [the first fruits] and he is in the midst of his journey [to Jerusalem], he should bring [the first fruits] and make the declaration.26
Halacha 7
When a person sells his field or sells trees and the land around them in the era when the Jubilee year is observed,27 [the purchaser] should bring [the first fruits] and make the declaration in the first Jubilee.28 [The rationale is that] the seller has not taken for granted that the land will be returned to him.29 If, however, he sold it again in the second Jubilee, [the purchaser] should bring [the first fruits], but should not make the declaration. For he is certain that he will receive only the produce,30 and the acquisition of the produce is not equivalent to the acquisition of [the land] itself.31
Halacha 8
When a person set aside his first fruits and became mortally ill,32 the one who is fit to inherit his [estate] should bring the first fruits without making the declaration.33 When a person set aside his first fruits and sent them with an agent, but the agent died in the midst of the journey, even if the owner brought them, he should not make the delaration. [The rationale is that the phrase (Deuteronomy 26:2):] "And you shall take... and you shall bring" does not apply unless the taking and the bringing are as one.
Halacha 9
When a person set aside his first fruits, but they were lost34 before they reached the Temple Mount and therefore he separated others instead of them,35he should bring the second fruits, but should not make the declaration. [The rationale is that] he cannot say [that he is bringing] "the first fruits of the land," for those that he is bringing are not the first fruits. One is not liable for an additional fifth [for partaking of] the produce separated second, as [he would had he partaken of] the first fruits.36
Halacha 10
Halacha 11
If a person brought his first fruits from one species and made the declaration and afterwards brings first fruits from another species, he should not make the declaration for them. [This is derived from the phrase (Deuteronomy 26:3):] "I am making a statement today." [Implied is that] he makes one statement and not two.
Halacha 12
If a person separated his first fruits and then the spring [that served as his field's water supply]39 dried up or the tree [from which they were reaped] was cut down, he should bring them, but should not make the declaration. [The rationale is that] he is like someone who no longer possesses the land, because it has been ruined.40
Halacha 13
When a person brings his first fruits between Sukkot and Chanukah41- even if he set them aside before Sukkot - he should bring them without making the declaration, [as implied by Deuteronomy 26:11]: "You shall rejoice in all the good." [Implied is that] the declaration should be made only in a time of happiness, [i.e.,] between Shavuot and the end of Sukkot.42 All individuals other than these43 must bring their first fruits and make the declaration.
Halacha 14
The first fruits, the terumot,44 challah, the principal and the fifth,45 and the presents given when slaughtering an animal46 are a priest's private property. He may use them to purchase servants, land, or a non-kosher animal. A debtor47 of his may collect them as payment for his debt and a woman may take them in lieu of the money due her by virtue of her ketubah. And they may be used to purchase a Torah scroll.48
Halacha 15
The first fruits and the terumot are forbidden to be eaten by non-priests. [Generally,] when the first fruits are mixed with ordinary produce, they are permitted if there is 101 times the original amount as is the law with regard toterumah.49 Nevertheless, if they become mixed with the same species50of ordinary produce in Jerusalem, [the mixture] is forbidden even if the slightest amount of [the first fruits are mixed in] as [is the law regarding] the second tithe.51[The rationale is that] since [they are located in Jerusalem,] the place where one partakes of them, they are considered like52 an entity that could become permitted.53Although the first fruits are forbidden to non-priests even in Jerusalem, nevertheless, even the slightest presence of them in a mixture causes it to be forbidden.
Even if one sowed the first fruits after they were brought to Jerusalem,54 even the slightest amount of produce that grows from them causes a mixture to become forbidden.55 If, however, one sows the first fruits before they were brought to Jerusalem, the produce that grows from them is ordinary produce.56
Halacha 16
How are the first fruits brought to Jerusalem? All of [the inhabitants of] the towns in a regional area57 gather in the central town of the regional area, so that they will not ascend to Jerusalem as individuals, for [Proverbs 14:28] teaches: "The glory of the King is among the multitude of people."58
They come and sleep in the city's thoroughfare, but they do not enter the homes lest they contract impurity because of being under the same shelter as a corpse.59 In the morning, the leader calls out: "Arise and let us ascend to Zion, to God our Lord."60 An ox with its horns glazed with gold leads the procession. A crown of olive [branches]61 are placed on its head, to publicize that the first fruits come from the seven species [for which Eretz Yisrael is praised]. A flute plays before them until they arrive close to Jerusalem. They walk the entire way and proclaim: "I rejoiced when it was told me: 'Let us go to the house of God.'
They would travel for only two thirds of the day.62 When they arrived close to Jerusalem they sent emissaries to notify the inhabitants of Jerusalem and they adorned their first fruits63 and beautified them. If they had [some] produce that was fresh and other produce that was dried, the fresh produce was placed on top.64 The leaders of the Israelites and of the priests65 and the Temple treasurers would go out from Jerusalem to greet them. [The size of the welcoming party] was proportionate to the number of people who come. If many people come, many go out to greet them; if few, few. When they have all entered the gates of Jerusalem, they begin declaring: "Our legs were standing in your gates, O Jerusalem" (ibid.).
Halacha 17
All of the artisans in Jerusalem would stand in honor of them66 and would greet them: "Our brethren, the inhabitants of so-and-so, you have come in peace." They proceed through Jerusalem while the flute is sounded until they reach the Temple Mount. When they reach the Temple Mount, each one should carry the first fruits on his shoulders67 and say: "Halleluyah. Praise God in His holiness" [Psalm 150:1] until [the conclusion of that psalm]: "May all the souls praise You." They proceed through the Temple Mount until they reach the Temple Courtyard. When they reach the Temple Courtyard, the Levites open with the song [Psalm 30]: "I will exalt You, for You have drawn me up..."68
FOOTNOTES
1.
As explained in the concluding halachot of the previous chapter.
2.
A person whose genital area is covered with a mass of flesh and whose gender is impossible to detect.
3.
A person with male and female sexual characteristics.
4.
With regard to an androgynus, the doubt concerns the individual's halachic status. With regard to the tumtum, the doubt concerns the actual facts: Which gender is covered by the mass of flesh?
5.
In his Commentary to the Mishnah (Bikkurim1:5), the Rambam explains that Eretz Yisraelwas given as an ancestral heritage only to males who are free men. Thus this disqualifies all of those mentioned in this clause and also the servant mentioned in the following clause.
6.
For the first fruits they are bringing are not from their own land. They are acting on behalf of others.
7.
For he taught all mankind faith [the Rambam's Commentary to the Mishnah (loc. cit.:4)].
8.
I.e., all future converts are considered as Abraham's seed and thus have a share in the land "that God swore to [give] to your ancestors." Indeed, based on Ezekiel 47:22,Kapot Temarim states that in the Messianic era, converts will be given a share of the Holy Land.
9.
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. Although the land was given them from the tribal inheritances of the other tribes, it is still appropriate for them to speak of the land which God gave them, because the gifts were given as a result of God's command (Radbaz). See also Hilchot Ma'aser Sheni11:17.
10.
He does not purchase the land on which the trees grow. Nevertheless, since he purchased two trees, our Sages (Bava Batra 81b; see Hilchot Mechirah 24:6) question whether or not he is given the right to the land around the trees. If, however, he purchases three trees, all agree that he has the right to the land.
11.
Bava Batra 82a questions: Reciting the declaration is no more than reciting verses from the Torah. Even if he is not obligated to do so, what would be wrong with reciting these verses? In resolution, it explains that a) it appears that he is lying (because he is praising God for giving him land which in fact may not be his); or b) by bringing them as first fruits, he will prevent the terumah and the tithes from being separated from them.
12.
I.e., before bringing them to the Temple Courtyard.
13.
The consecration has a questionable status, because a person may not consecrate property that does not belong to him (Hilchot Arachin VaCharamim 6:16). And if the produce is first fruits, it does not belong to him.
14.
For if the land does not belong to him, they are not considered as first fruits.
15.
This is a general principle. See Hilchot Shechitah 2:3.
16.
According to Scriptural Law, tithes must be given to the Levites. Nevertheless, when the Levites failed to return to Zion with Ezra in large numbers, he punished them and decreed that they should not be given the tithes. Afterwards, according to many views, it was possible to give the tithes either to the priests or the Levites. Nevertheless, in this instance, the tithes must be given to the priests for the reason stated by the Rambam.
17.
For when an agent brings first fruits, a declaration should not be made, as stated in Halachah 2.
18.
Bava Batra, loc. cit., explains that when there would be no difficulty in making the declaration, the fact that it is not made does not disqualify the first fruits from being eaten. When, however, it is required to be made, but cannot be made for a particular reason, the failure to make it disqualifies the offering.
19.
Praising God for giving him the land.
20.
And first fruits should be brought only once for each species. In his Commentary to the Mishnah (Bikkurim 1:7, based on the Jerusalem Talmud), the Rambam states that this is derived from Deuteronomy 26:3 which states: "I am making a statement to God your Lord today," implying that the statement can be made only once (see also Halachah 11).
21.
For the concept derived above applies primarily to making the declaration and not actually bringing the first fruits.
22.
Since they are being brought by two individuals, the fact that one species has been brought already does not disqualify the first fruits brought by the other person. If, however, they were being brought by the same person, he would not make the declaration again, as stated in Halachah 11.
23.
And thus he cannot rightfully praise God for giving him the land.
24.
This refers even to property which the husband receives as nichsei milog (seeHilchot Ishut 16:1-2), i.e., the property itself belongs to the woman, but he is entitled to derive benefit from it.
25.
"Your household" can be interpreted as referring to one's wife. Thus even though the land belongs to his wife, he should make the declaration.
26.
The husband inherits his wife's property. Thus now he owns both the land and the produce.
27.
And ancestral property is returned to its original owner. See Hilchot Shemitah VeYoval, ch. 11.
28.
For he is the owner of the land and the produce. Although he is required to return the land in the Jubilee year, that is a result of the Torah's decree and does not diminish the purchaser's ownership of the land.
29.
Since the owner does not have the experience of having his land returned to him, he does not consider it a surety that it will be returned to him. In his mind, it is sold (Radbaz). The Rambam's source is Gittin48a. Rashi interprets the passage differently.
30.
And he knows that the land will be returned. Accordingly, it is as if he purchased only the produce and not the land.
31.
As stated in Halachah 6.
32.
This reflects the Rambam's version of the Jerusalem Talmud (Bikkurim 1:5). The version in the standard published text is slightly different (Radbaz, Kessef Mishneh).
33.
While the owner of the produce is alive, the person fit to inherit the estate is considered as an agent, and hence may not make the declaration. Even though he was not explicitly appointed, we assume that this is the owner's desire. According to the Rambam's conception, if the owner is ill, but is not in mortal danger, another person cannot serve as his agent unless he is appointed as such.
34.
In any manner, as indicated by Chapter 2, Halachah 20.
35.
For he is required to replace them (ibid.).
36.
As stated in Chapter 3, Halachah 5, the first fruits are considered as terumah. And as stated in Hilchot Terumah 6:6, one who partakes of terumah inadvertently must make restitution and add a fifth.
37.
Our translation is based on the Rambam's Commentary to the Mishnah (Bikkurim 1:8). The Ra'avad maintains that the produce should be left in the Temple Courtyard until it rots. From Chapter 2, Halachah 19, some have inferred that according to the Rambam, the impure produce should be burnt. Kin'at Eliyahu maintains that this approach is far more appropriate than leaving it to rot in the Temple Courtyard.
38.
For the declaration is made as a statement of thanksgiving after the first fruits are successfully offered and that is not possible in the present situation.
39.
The bracketed additions are based on the Rambam's Commentary to the Mishnah (Bikkurim 1:6).
40.
In its present state, the land is not able to produce fruit. Hence, it is as if he no longer possesses it (ibid.; according to Rav Kappach's text).
41.
After Chanukah, he may not bring them at all.
42.
This is the harvest season when a person feels happy with the bounty God has granted him.
43.
I.e., those mentioned from Halachah 5 and onward.
44.
I.e., both "the great terumah" and terumat ma'aser.
45.
I.e, when a non-priest partakes of any of the above mentioned substances, he is obligated to pay the principal and a fifth as restitution.
46.
See Chapter 9.
47.
Even a non-priest.
48.
The Radbaz questions why a Torah scroll is mentioned. If he is allowed to purchase a non-kosher animal with these objects, seemingly, it is obvious that he should be able to use them to purchase a Torah scroll. He explains that one might think that it is preferable that a person write a Torah scroll himself than purchase one. The Ma'aseh Rokeach explains that in contrast to other types of property, a Torah scroll may never be sold. Hence, if he uses the money from these objects to purchases it, he will never be able to derive physical benefit from these substances.
49.
Hilchot Ma'achalot Asuurot 15:3; Hilchot Terumot 15:20-21.
50.
If, however, they become mixed with a substance of another species, the presence of the first fruits can be nullified. See Hilchot Ma'achalot Assurot 15:12.
51.
See Hilchot Ma'aser Sheni 6:14-15.
52.
This refers even to first fruits belonging to an Israelite. Hence, they are considered only "like an entity that could be permitted," but are not actually in that category (Radbaz).
53.
For the entire mixture could be eaten by priests in a state of ritual purity. With regard to the law that the entire mixture is forbidden when even the slightest amount of a forbidden substance becomes mixed with it, see Hilchot Ma'achalot Assurot 15:10.
54.
And thus the forbidden fruit itself no longer exists.
55.
This is a penalty imposed upon him because the mixture could have - and the produce that grows could - be given to the priests. See the Rambam's Commentary to the Mishnah (Bikkurim 2:2).
56.
Since the first fruits may not be eaten outside of Jerusalem, the mixture is not judged with the severity that applies to a mixture containing a forbidden entity that could become permitted. Instead, it is considered as an ordinary mixture and the presence of the first fruits can be nullified.
57.
See Hilchot K'lei HaMikdash 6:1 for more particulars concerning the Hebrew term.
58.
Thus coming as a group is a greater act of Divine glorification.
59.
I.e., the first fruits must be brought in a state of ritual purity, and if a person bringing them enters a home, he may unknowingly contract ritual impurity, because he was under the same shelter as a corpse.
60.
Cf. Jeremiah 31:5.
61.
For of the seven species, olive branches are the most attractive [the Rambam's Commentary to the Mishnah (Bikkurim 3:3)].
62.
This would impress them and the inhabitants of the towns through which they passed with the importance of their pilgrimage. Also, it allowed for people of many regions to congregate and ascend to Jerusalem together.
63.
See Chapter 3, Halachot 7 and 9.
64.
Because fresh produce is more attractive.
65.
The Rambam's Commentary to the Mishnah (loc. cit.).
66.
Kiddushin 33a notes that this is a grat mark of respect for those who bring the first fruits. After all, artisans are not required to stand before Torah scholars and yet they would stand before the people who brought the first fruits.
67.
See Chapter 3, Halachah 12.
68.
See Chapter 3, Halachah 13.
Bikkurim - Chapter 5
Halacha 1
It is a positive commandment to separate a portion that is raised up1 from the dough [and given] to a priest,2 as [Numbers 15:20] states: "Raise up the first of your dough, the challah,3 as an offering...." According to Scriptural Law, this first portion does not have a minimum measure. Instead, even if one set aside a portion the size of a barley corn, he has absolved the entire dough. When a person designates his entire dough as challah, his deeds are of no consequence unless he leaves a portion of it [for himself].4
Halacha 2
According to Rabbinic Law, one should separate one twenty-fourth of the dough, so that there will be a [significant] present for the priest. [This is derived from Deuteronomy 14:4 which] states: "Give him," i.e., give him something that is fit to be called a gift.
A baker who makes a dough to be sold in the market place should separate one forty-eighth. [The rationale is that] since his dough is larger,5 this measure contains [enough] to be a [significant] present.
Halacha 3
Even when a private person makes dough for [the wedding] celebration of his son, he should separate one twenty-fourth even though it is large, so as not to make a distinction in [the requirements of] a dough made by a private person.6[Conversely,] when a baker makes a small dough, [he must separate only] one forty-eighth, so as not to make a distinction in [the requirements of] a dough made by a baker.
Halacha 4
If a dough became impure unknowingly or because of forces beyond one's control, one need not separate more than one forty-eighth.7 If he purposefully made it impure, he must separate a twenty-fourth, so that the sinner will not benefit.8
Impure challah is permitted to be used by a priest as kindling fuel like impureterumah.9
Halacha 5
According to Scriptural law, we are only obligated to separate challah in Eretz Yisrael, as [Numbers 15:19] states: "When you partake of the bread of the land...," and only when the entire Jewish people are located there, as [ibid.:18] states: "When you enter," i.e., when you all enter and not only when a portion of you enter. For this reason, in the present era - and even in the era of Ezra10in Eretz Yisrael - [the observance of] challah is only a Rabbinic decree, as we explained with regard to terumah.11
Halacha 6
When the produce of the Diaspora is brought to Eretz [Yisrael], challah must be separated from it.12 When produce from Eretz [Yisrael], are brought to the Diaspora, they are exempt.13 [This is derived from ibid.:] "to which I will bring you." [Implied is that in that land,] you are liable, whether for the produce of the land itself or for that of other lands.
Halacha 7
Challah should also be separated in the Diaspora by Rabbinic decree so that the Jewish people will not forget the laws of challah. Challah from the Diaspora should not be brought to Eretz Yisrael, just as terumah14and first fruits15 from there should not be brought [to Eretz Yisrael]. If one should bring [such challah], it should be left to the day before Pesach and burned16liketerumah.
Halacha 8
There are three different sets of laws that apply to challah in three different lands. In the entire area that was settled by those who returned from Babylonia until Kziv,17 one challah should be separated according to the appropriate measure18 and the priests may partake of it. In the remaining portions of Eretz Yisrael that were settled by the Jews who came out of Egypt, but not by those who returned from Babylonia - i.e., from Kziv until Amanah19 - two challot should be separated. One should be burnt and one should be eaten.
Why do we separate two challot there? Because the first challah is impure, because this land was not sanctified in the time of Ezra and the first sanctification was nullified after the Jews were exiled.20 [Nevertheless,] since [the land] is from Eretz Yisrael, a challah - one forty-eighth [of the dough] is separated and is burnt. A second challah is also separated and given to a priest to eat, so that people will not say that pure terumah should be burnt. For the first challah was burnt even though it did not contract impurity in a manner that was known to all.21 This second challah does not have a minimum measure. Instead, one may separate whatever he desires, because it is a Rabbinic ordinance.
In all of the lands from Amanah and beyond, whether in Syria22 or other lands, two challot should be separated: One is burnt so that people should not say we saw impure terumah being eaten23 and one is eaten so that the laws ofchallah will not be forgotten by the Jewish people. [Since] both of these are Rabbinic institutions, it is preferable to make the one that is eaten larger.24Accordingly, there is no minimum measure for the one that is burnt. Even the slightest amount [is acceptable]. The one which is eaten should be one forty-eighth [of the dough]. It is permitted to be eaten by zavim andzavot25- and needless to say, other people who are ritually impure.26
Halacha 9
In the present age when there is no pure dough,27 because of the impurity [imparted] by a human corpse,28 one challah - one forty-eighth [of the dough]29- is separated in all Eretz Yisrael [in the present era]. [This applies even though] it is burnt, because it is impure, since the fundamental obligation to separate it is Scriptural.30 As was the law in previous ages, from Kziv to Amanah, a second challah is also separated for a priest to eat.31 There is no mimimum measure for it.
Halacha 10
Although challah from the Diaspora is impure, since its fundamental requirement is a Rabbinic ordinance,32 it is forbidden to be eaten only by priests who are impure because of impurity that result from a physical condition.33 These include [priests] who had a seminal emission, zavim, zavot, niddot,34 women who give birth, and people afflicted bytzara'at.35Others who are impure because they have been in contact with other sources of impurity, even those who are impure because of contact with a corpse, are permitted to partake of it.
Accordingly, if there was a priest who was a minor in the Diaspora - whether in Syria or in other lands - and one desired to separate [only] one challah, he could separate one forty-eighth of the dough. It could be eaten by a priest who is a minor who never had a seminal emission or a female from the priestly family who never menstruated. The person need not separate a second [challah].36
Halacha 11
Similarly, if a priest who was an adult immersed himself [in a mikveh and thus purified himself from the impurity resulting from] the emission of semen orzivut may partake of this first challah. Then [the one who separated it] need not separate a second challah in the Diaspora. [This applies] even though the sun has not set [after he immersed himself]37 and although he remains ritual impure due to the impurity imparted by a corpse.38
Halacha 12
Anyone who separates challah should recite the blessing: "[Blessed are You...] Who sanctified us with His commandments and commanded us to separate challah."39 [This applies both] in Eretz Yisrael and in the Diaspora.40Just as one recites a blessing when [separating challah that] is ritually pure, he should recite a blessing when separating the impure.
Halacha 13
A niddah and the like43 may recite a blessing and separate challah in the Diaspora. For she is not cautioned against touching the challah,44 only against partaking of it. If there is a priest who was a minor or [an adult] priest who immersed himself who is permitted to partake of it as we explained,45 he may partake of it, [eating] together with a non-priest at the same table. [The rationale is that] it is does not create a forbidden mixture,46 even if there are equal quantities of it and ordinary food.47 It may be given to an unlearned priest48 because [the woman] is impure because of the air of the Diaspora, and the prohibition against a priest actively seeking to receive his presents49does not apply in this instance.
If a person desires to eat first and then separate the challah in the Diaspora, he is permitted, for the fundamental obligation is Rabbinic in origin.50
Halacha 14
Halacha 15
All of those individuals concerning whom it was said they should not separateterumah and if they separate it, the separation is invalid,54 are governed by the same laws with regard to challah. In all situations concerning which it was said that terumah should not be separated from this type of produce for another,55 challah should also not be separated. Whoever may not partake ofterumah,56 may not partake of challah. Whoever may partake of terumah57may partake of challah.
FOOTNOTES
1.
This phrase translates the Hebrew terumah, for that term is also applied to challah in certain contexts. For that reason several of the laws that apply to terumah also apply tochallah.
2.
Sefer HaMitzvot (positive commandment 133) and Sefer HaChinuch (mitzvah 385) include this commandment among the 613 mitzvot of the Torah. The Rambam considers separating the dough and giving it to the priests as two parts of the same mitzvah. The Ramban, by contrast, considers them as separate mitzvot.
3.
The heading of this set of halachot is "The Laws of the First Fruits and the Other Presents [Given] to Priests in the Outlying Areas." In the first four chapters, the Rambam discussed the first fruits. Now he proceeds to explain the other presents. He begins with challah because it also involves grain and is also called terumah. See Radbaz.
4.
By calling it "the first," the Torah is implying that there is a second, i.e., that something is left over [the Rambam's Commentary to the Mishnah (Challah 1:9), based on the Jerusalem Talmud]. See also Hilchot Terumah 3:5 and note the contrast to Chapter 2, Halachah 17.
5.
The Jerusalem Talmud (Challah 2:7) gives another reason for the difference in measures. Ideally, the requirement would only be one forty-eighth. Nevertheless, generally, the one separating challah from the dough is a woman and women are by nature tightfisted. If they are told to give one twenty-fourth, they will ultimately give a forty-eighth. The Siftei Cohen 322:2 gives another reason for reducing the measure required of a baker. He is preparing the dough for profit and our Sages did not desire to cause him a loss.
6.
Our Sages desired that their laws be uniform out of fear that once distinctions were made, individuals would ultimately give less than the desired amount.
7.
Challah which is impure may not be eaten by a priest and may be used only as fuel. An ordinary person may, however, partake of a loaf made from impure dough. Hence, rather than waste the dough, it is preferable to give a smaller portion as challah.
8.
I.e. the person separating the dough would benefit from it becoming impure, because he will have to give a smaller portion to the priest.
9.
See Hilchot Terumah 11:1. At present, since all dough is impure, theoretically, this is the measure which should be given (Siftei Cohen 322:3). In practice, however, at present, even impure challah is not given to a priest.
10.
Who led the return to Zion after the Babylonian exile.
11.
See Hilchot Terumah 1:5, 26. Even the Ra'avad, who differs with the Rambam with regard to terumah, finds this position acceptable with regard to challah. See alsoHilchot Issurei Bi'ah 20:3.
12.
Provided the dough is made in Eretz Yisrael. The converse applies with regard to the following clause. The dough must be made in the Diaspora (Radbaz).
13.
The Ra'avad maintains that challah must be separated from such dough by Rabbinic decree. The Kessef Mishneh states that this is obvious from the following halachah.
14.
See Hilchot Terumah 2:17. Since the Diaspora is ritually impure by Rabbinic decree, any dough brought from there toEretz Yisrael would be consigned to destruction. However, it should not be burnt immediately, because we do not know that it definitely contracted ritual impurity in Eretz Yisrael, and it is forbidden to burn challahunnecessarily. Nor may it be returned to the Diaspora, lest people think it is permitted to take challah from Eretz Yisrael to the Diaspora [the Rambam's Commentary to the Mishnah (Challah 4:10)].
15.
See Chapter 2, Halachah 1.
16.
Since the dough is chametz, "leavened," it must be destroyed before the onset of the Pesach holiday.
17.
See Hilchot Terumah 1:8.
18.
See Halachah 2.
19.
See Hilchot Terumah 1:7.
20.
Thus in a strict halachic sense, this land has the status of the Diaspora.
21.
Since this land was once Eretz Yisrael, not everyone knows that it is impure like the Diaspora.
22.
Where certain of the agricultural laws that must be observed in Eretz Yisrael are observed. See Hilchot Terumah 1:4.
23.
For everyone knows that the Diaspora is impure.
24.
So that food is not wasted.
25.
A man becomes a zav when he has an emission from his urinary tract similar, but not identical to that which results from gonorrhea. A woman becomes a zavahwhen she experiences vaginal bleeding at times other than would be expected due to her menstrual cycle. In both cases, the individuals are ritually impure. See Leviticus, ch. 15.
26.
In certain instances, a distinction is made between impurity that results from a physical condition in one's body - such as the above - and other types of impurity (see Halachah 10). However, no such distinction is made here.
The Ra'avad differs with this ruling and maintains that the challah is forbidden to any priest who is ritually impure, citing his statements in Hilchot Terumah 7:8.
The Rambam's ruling here appears to differ from his ruling in that source. The Kessef Mishneh explains that the leniency here applies only after the priests have immersed in a mikveh. The Radbaz explains that here we are speaking about two challot, with one being burnt. Hence the one given to the priest may be eaten.
27.
The shifting of this phrase from the previous halachah to this halachah is based on authoritative manuscripts of the Mishneh Torah and also makes from an easier reading of the text.
28.
Which affects everyone in the present age, for we do not have a red heifer to purify ourselves.
29.
As is the law with regard to challah that became impure because of factors beyond one's control (Halachah 4).
30.
At present the obligation to separate challahin Eretz Yisrael is Rabbinic in origin (Halachah 5). Nevertheless, since the original obligation there was Scriptural, thechallah that is separated must have a minimum measure even though it is burnt.
31.
Although at present, everyone knows that all the people living there are ritually impure, no deviation was made from the original ruling.
32.
For according to Scriptural Law, there is no need to separate it.
33.
Because there is a more serious dimension to their ritual impurity [the Rambam's Commentary to the Mishnah (Challah 4:8)]. See also Hilchot Terumot 7:8-9. As mentioned there, the Ra'avad differs with this ruling.
34.
A woman who is impure because of menstrual bleeding.
35.
A skin malady resembling - but not entirely similar to - leprosy which renders a person ritually impure.
36.
To be burnt. Since he is not separating a second challah, the law is more stringent than in Halachah 8, which can be eaten by priests with this level of impurity (Radbaz).
37.
And a priest who immersed himself to emerge from ritual impurity could not partake of terumahuntil sunset of the day he immersed himself (Hilchot Terumah 7:4).
The Rambam's ruling is quoted by theShulchan Aruch (Yoreh De'ah 322:5). The Rama cites the opinion of Rabbenu Nissan who requires the priest to wait until sunset.
38.
For purification from such impurity requires the ashes of the Red Heifer and those were not available after the destruction of the Temple.
The Ra'avad differs with this ruling as well and maintains that even after immersing, such a priest may not partake of challah. The Shulchan Aruch (Yoreh De'ah 322:3-5) quotes the Rambam's rulings in all the above matters. The Rama writes that since at present, it is not customary to partake ofchallah in any place, even in Eretz Yisrael, only one challah is separated. There is no minimum measure to it (although it is desirable that it be the size of an olive). Thischallah is burnt.
39.
The Ra'avad states that one should conclude "to separate terumah," for challahis also referred to as terumah. The Shulchan Aruch (Yoreh De'ah 328:1) quotes the Ra'avad's ruling. The Rama states that the Rambam's version of the blessing is also acceptable. The Turei Zahav and the Siftei Cohen 328:1 speak of a conclusion that combines both terms "to separate terumah, challah."
40.
Even though the obligation to separatechallah in the Diaspora is only Rabbinic in origin, it is appropriate to recite a blessing, as it is appropriate to do so when fulfilling other Rabbinic commandments (Radbaz).
41.
And it is not fitting to observe a mitzvah without reciting a blessing.
42.
For her nakedness is covered by the ground. A man's, by contrast, projects outward.
43.
I.e., the individuals who are impure because of a physical condition mentioned in Halachah 10.
44.
Although her touch would render an article ritually impure, it is ritually impure regardless because we are all impure due to contact with a human corpse. Hence, there is no difficulty with her touching it.
45.
See Halachot 10-11.
46.
The term midama'at used by the Rambam refers to a mixture of terumah (or challah of Scriptural status) with other substances.
47.
I.e., according to Scriptural Law, the presence of a forbidden substance is nullified when it is mixed with a greater quantity of permitted substances (bittul berov). In this instance, it is not necessary to have a majority of permitted food, half and half is sufficient, for this challah is forbidden only as a Rabbinic injunction.
The Radbaz and the Kessef Mishnehexplain that although Bechorot 27a indicates that a majority is necessary, the Rambam's ruling is based on the Jerusalem Talmud (Challah 4:8), from which it is evident that half and half is acceptable. Moreover, theTur (Yoreh De'ah 323) states that according to the Rambam's understanding that at the outset, it is permitted to nullify a Rabbinic prohibition, one may intentionally make such a mixture.
The Rambam's ruling is cited by theShulchan Aruch (Yoreh De'ah 323:1). TheTur and the Rama cite Rabbenu Asher's view that, like terumah, there must be 101 times the forbidden amount before thechallah is nullified.
48.
As stated in Hilchot Terumah 6:2, an unlearned priest is unfamiliar with and/or careless in the observance of the laws of ritual purity. Hence, he is not given terumah, lest he cause it to become impure.
49.
Our translation is slightly loose. The literal meaning of the Rambam's words, quoted from Bechorot 27a is "[the decree against] a priest helping in the granary does not apply to him." As stated in Hilchot Terumah 12:19, our Sages forbade that because it would appear that he is working for the terumah. Instead, the terumah should be given him in a manner that connotes respect and reverence.
50.
When the obligation is Scriptural in origin, partaking of the food on the basis of a stipulation that one will separate challah (orterumah) afterwards is forbidden. As explained in Hilchot Terumah 1:21, the principle of bereirah - that retroactively, an action performed afterwards is considered as if it was performed at the outset - applies only with regard to matters of Rabbinic Law and not with regard to matters of Scriptural Law.
The Siftei Cohen 323:1 emphasizes that the leniencies in this halachah apply only with regard to challah from the Diaspora, for there never was an obligation to separate it according to Scriptural Law. Although, at present, separating challah in Eretz Yisraelis also a Rabbinic obligation, since originally the obligation was Scriptural, none of these leniencies are granted.
51.
Our translation is taken from the Rambam's Commentary to the Mishnah (Challah 1:9).
52.
See Hilchot Terumah 3:17.
53.
See Hilchot Terumah 5:7. After the fact, however, the separation is effective.
54.
A deaf-mute, a mentally or emotionally unstable person, a minor, a gentile who separated terumah from produce belonging to a Jew, even with his permission, and a person who separate terumah from produce that does not belong to him without the owner's permission (Hilchot Terumah 4:2).
55.
See Hilchot Terumah, ch. 5.
56.
A non-priest and an impure person.
57.
A priest, his wife, and his servants.
58.
We are speaking of a person who is still in control of his faculties, but whose judgment is slightly blurred. If he loses control of his faculties entirely, he is considered as an emotionally unstable person. See Hilchot Mechirah 29:18.
59.
I.e., with regard to terumah, such individuals are told not to separate terumah as an initial preference, because terumah must be separated from the superior produce and they are incapable of making that distinction (Hilchot Terumah 4:4). Nevertheless, this rationale does not apply with regard tochallah.
• English Text | Video Class• "Today's Day"
Wednesday, Adar II 27, 5776 · 6 April 2016
Shabbat Adar Sheini 27, Parshat Hachodesh 5703
Bless Rosh Chodesh Nissan; say the entire Tehillim in the early morning. Day of farbrengen.
Haftora: Ko amar...olat tamid.
Torah lessons: Chumash: Sh'mini, Shevi'i with Rashi.
Tehillim: 120-134.
Tanya: Ch. 30. It is (p. 187)...the commandment itself." (p. 191).
From my father's sichot: The sin of Aharon's sons* was "...when they drew close before G-d and died." This was ratzo without shov, return.1 The truth is that when coming "before G-d"2 there must be tit'haru, one must be clean and pure, and (the closeness) must be evident in actual deeds. That which is on the very highest planes descends to the very lowest depths;3 hence ratzo without shov is death.
Continuing, G-d commands Moshe (Vayikra 16:2) to speak to Aharon. The letters in the name Aharon are those in the word nir'eh, "visible," which in terms of the powers of the soul4 refers to intellect.
Moshe is to tell Aharon that in order to enter the sacred (area), even "within the curtain" - meaning the state prior to tzimtzum5 - he must know that...
...upon the ark (ha'aron - the letters of this word spelling nir'eh, "visible" - i.e. intellect) there is a kaporet, a covering, an inner intent and purpose of a concealment, expressed in the words, "the face of (or "the inner aspect of") the kaporet."
For this reason one "should not die," i.e. he should not stop with ratzo, the entering alone - for "...in a cloud will I appear on the kaporet;"6 the inner intent and purpose of the First tzimtzum is revelation.
The introductory word to all this is v'al, "he shall not (enter)." This expression of negation7 indicates total nullification of self, bitul, doing what Chassidus demands, not what his intelligence dictates. Then "he shall enter the sacred (area)."
FOOTNOTES
*.See Supplementary Footnotes, p. 126.
1.See Supplementary Footnotes, p. 126.
2.In verse 30 the additional word tit'haru is found, "will you be cleansed," after the words "before G-d."
3.See Supplementary Footnotes p. 127.
4.See Translator's Introductory Notes. When soul manifests itself, the first power that is evident, ("visible") after the powers in their latent state, is intellect.
5."Contraction" and concealment of G-d, the process by which G-d's infinitude is concealed, making possible the existence of a finite Creation.
6.Paradoxically, it is only through G-d's concealment ("...in a cloud...") that He is accessible ("..will I appear..."). Man's approaching G-d is insufficient; through "withdrawal," returning to the material world and living there by Torah and mitzvot, he can attain G-d. "First tzimtzum" is a paraphrase for "cloud."
7.Man's natural preference is what he feels is satisfying. Rejecting what he "knows" to be desirable and fulfilling - in favor of what Chassidus explains as the wish of G-d, is an act of self-negation. This prepares him to enter the Holy of Holies.
• Daily Thought:
Life in Words
Plants live in a world of earth, water, air and sunshine. Animals live in a world of the body and its senses. Human beings live within a world of their own words.
The sages called us “the speaking being,” saying that our soul is filled with words. When our words leave us, our very being goes out within them. We conquer with them. We declare our mastery over Creation with them. Our words tell us that we exist.
For us, nothing truly exists until we find a word for it. All our thoughts of every object and every event are thoughts of words. Our world is a world not of sensations and stimuli, but of words.
Build your world with precious words. Fill your days with words that live and give life.
Memorize words of Torah and of the sages. Have them ready for any break in your day. Wherever you go, provide that place an atmosphere of those powerful words.
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