Torah Reading
Vayeishev: Genesis 37:1 Ya‘akov continued living in the land where his father had lived as a foreigner, the land of Kena‘an.
2 Here is the history of Ya‘akov. When Yosef was seventeen years old he used to pasture the flock with his brothers, even though he was still a boy. Once when he was with the sons of Bilhah and the sons of Zilpah, his father’s wives, he brought a bad report about them to their father. 3 Now Isra’el loved Yosef the most of all his children, because he was the son of his old age; and he made him a long-sleeved robe. 4 When his brothers saw that their father loved him more than all his brothers, they began to hate him and reached the point where they couldn’t even talk with him in a civil manner.
5 Yosef had a dream which he told his brothers, and that made them hate him all the more. 6 He said to them, “Listen while I tell you about this dream of mine. 7 We were tying up bundles of wheat in the field when suddenly my bundle got up by itself and stood upright; then your bundles came, gathered around mine and prostrated themselves before it.” 8 His brothers retorted, “Yes, you will certainly be our king. You’ll do a great job of bossing us around!” And they hated him still more for his dreams and for what he said.
9 He had another dream which he told his brothers: “Here, I had another dream, and there were the sun, the moon and eleven stars prostrating themselves before me.” 10 He told his father too, as well as his brothers, but his father rebuked him: “What is this dream you have had? Do you really expect me, your mother and your brothers to come and prostrate ourselves before you on the ground?” 11 His brothers were jealous of him, but his father kept the matter in mind.
Today in Jewish History:
• Passing of Rabbi Eliezer ben Eliyahu Ashkenazi (1585)
Rabbi Eliezer ben Eliyahu Ashkenazi (1512-1585) was a highly regarded Talmudist, as well as a physician. He authored various works, including Ma'ase ha-Shem -- a commentary on the historical portions of the Pentateuch, also including a commentary on the Passover Hagaddah -- and Yosef Lekach, dedicated and named after Don Yosef Nasi, the Duke of Naxos.
Daily Quote:
The foot will more readily enter a tub of hot water than will the head. Therein lies the supremacy of the simple Jew over the learned scholar -- in his greater readiness for self-sacrifice.[Rabbi Sholom DovBer of Lubavitch (1860-1920)]
Today's Study:
Chitas and Rambam for today:
Chumash: Vayeishev, 5th Portion Genesis 39:1-39:6 with Rashi
• Genesis Chapter 39
1Now Joseph had been brought down to Egypt, and Potiphar, Pharaoh's chamberlain, chief of the slaughterers, an Egyptian man, purchased him from the Ishmaelites who had brought him down there. אוְיוֹסֵ֖ף הוּרַ֣ד מִצְרָ֑יְמָה וַיִּקְנֵ֡הוּ פּֽוֹטִיפַר֩ סְרִ֨יס פַּרְעֹ֜ה שַׂ֤ר הַטַּבָּחִים֙ אִ֣ישׁ מִצְרִ֔י מִיַּד֙ הַיִּשְׁמְעֵאלִ֔ים אֲשֶׁ֥ר הֽוֹרִדֻ֖הוּ שָֽׁמָּה:
Now Joseph had been brought down to Egypt: [Scripture] returns to the previous topic, which it had interrupted in order to juxtapose the demotion of Judah with the selling of Joseph, to imply that because of him (Joseph), they (his brothers) demoted him (Judah) from his high position; and also to juxtapose the incident of Potiphar’s wife with the incident of Tamar, to tell you that just as that one [the incident of Tamar] was meant for the sake of heaven, so too this one [the incident of Potiphar’s wife] was meant for the sake of heaven. For she saw through her astrology that she was destined to raise children from him (Joseph), but she did not know whether [they would be] from her or from her daughter. [From Gen. Rabbah 85:2] ויוסף הורד: חוזר לענין ראשון, אלא שהפסיק בו כדי לסמוך ירידתו של יהודה למכירתו של יוסף לומר לך שבשבילו הורידוהו מגדולתו. ועוד, כדי לסמוך מעשה אשתו של פוטיפר למעשה תמר, לומר לך מה זו לשם שמים אף זו לשם שמים, שראתה באצטרולוגין שלה שעתידה להעמיד בנים ממנו ואינה יודעת אם ממנה אם מבתה:
2The Lord was with Joseph, and he was a successful man, and he was in the house of his Egyptian master. בוַיְהִ֤י יְהֹוָה֙ אֶת־יוֹסֵ֔ף וַיְהִ֖י אִ֣ישׁ מַצְלִ֑יחַ וַיְהִ֕י בְּבֵ֖ית אֲדֹנָ֥יו הַמִּצְרִֽי:
3And his master saw that the Lord was with him, and whatever he (Joseph) did the Lord made prosper in his hand. גוַיַּ֣רְא אֲדֹנָ֔יו כִּ֥י יְהֹוָ֖ה אִתּ֑וֹ וְכֹל֙ אֲשֶׁר־ה֣וּא עֹשֶׂ֔ה יְהֹוָ֖ה מַצְלִ֥יחַ בְּיָדֽוֹ:
that the Lord was with him: The name of Heaven was frequently in his mouth. [From Tanchuma Vayeshev 8] כי ה' אתו: שם שמים שגור בפיו:
4And Joseph found favor in his eyes, and he (Joseph) served him, and he (Potiphar) appointed him over his house, and all he had he gave into his hand. דוַיִּמְצָ֨א יוֹסֵ֥ף חֵ֛ן בְּעֵינָ֖יו וַיְשָׁ֣רֶת אֹת֑וֹ וַיַּפְקִדֵ֨הוּ֙ עַל־בֵּית֔וֹ וְכָל־יֶשׁ־ל֖וֹ נָתַ֥ן בְּיָדֽוֹ:
and all he had: Heb. וְכָל-יֶשׁ-לוֹ. This is elliptical. The word אִשֶׁר is missing. [It should read: וְכָל-אִשֶׁר יֶשׁ-לוֹ.] [from targumim] וכל יש לו: הרי לשון קצר, חסר אשר:
5Now it came to pass that since he had appointed him over his house and over all that he had, the Lord blessed the house of the Egyptian for Joseph's sake, and the blessing of the Lord was in all that he had, in the house and in the field. הוַיְהִ֡י מֵאָז֩ הִפְקִ֨יד אֹת֜וֹ בְּבֵית֗וֹ וְעַל֙ כָּל־אֲשֶׁ֣ר יֶשׁ־ל֔וֹ וַיְבָ֧רֶךְ יְהֹוָ֛ה אֶת־בֵּ֥ית הַמִּצְרִ֖י בִּגְלַ֣ל יוֹסֵ֑ף וַיְהִ֞י בִּרְכַּ֤ת יְהֹוָה֙ בְּכָל־אֲשֶׁ֣ר יֶשׁ־ל֔וֹ בַּבַּ֖יִת וּבַשָּׂדֶֽה:
6So he left all that he had in Joseph's hand, and he knew nothing about what was with him except the bread that he ate; and Joseph had handsome features and a beautiful complexion. ווַיַּֽעֲזֹ֣ב כָּל־אֲשֶׁר־לוֹ֘ בְּיַד־יוֹסֵף֒ וְלֹֽא־יָדַ֤ע אִתּוֹ֙ מְא֔וּמָה כִּ֥י אִם־הַלֶּ֖חֶם אֲשֶׁר־ה֣וּא אוֹכֵ֑ל וַיְהִ֣י יוֹסֵ֔ף יְפֵה־תֹ֖אַר וִיפֵ֥ה מַרְאֶֽה:
and he knew nothing about what was with him: He did not pay attention to anything. ולא ידע אתו מאומה: לא היה נותן לבו לכלום:
except the bread: That is his wife, but [Scripture] speaks euphemistically. [From Gen. Rabbah 86:6] כי אם הלחם: היא אשתו, אלא שדבר בלשון נקיה:
and Joseph had handsome features: As soon as Joseph found himself [in the position of] ruler, he began eating and drinking and curling his hair. Said the Holy One, blessed be He: “Your father is mourning and you curl your hair! I will incite the bear against you.” Immediately afterwards“his master’s wife lifted up her eyes.” [from Tanchuma Vayeshev 8] ויהי יוסף יפה תואר: כיון שראה עצמו מושל, התחיל אוכל ושותה ומסלסל בשערו, אמר הקב"ה אביך מתאבל ואתה מסלסל בשערך, אני מגרה בך את הדוב מיד:
• Daily Tehillim: Psalms Chapters 106 - 107
• Chapter 106
The psalmist continues the theme of the previous psalm, praising God for performing other miracles not mentioned previously, for "who can recount the mighty acts of God?" Were we to try, we could not mention them all!
1. Praise the Lord! Praise the Lord for He is good, for His kindness is everlasting.
2. Who can recount the mighty acts of the Lord, or proclaim all His praises?
3. Fortunate are those who preserve justice, who perform deeds of righteousness all the time.
4. Remember me, Lord, when You find favor with Your people; be mindful of me with Your deliverance;
5. to behold the prosperity of Your chosen, to rejoice in the joy of Your nation, to glory with Your inheritance.
6. We have sinned as did our fathers, we have acted perversely and wickedly.
7. Our fathers in Egypt did not contemplate Your wonders, they did not remember Your abundant kindnesses, and they rebelled by the sea, at the Sea of Reeds.
8. Yet He delivered them for the sake of His Name, to make His strength known.
9. He roared at the Sea of Reeds and it dried up; He led them through the depths, as through a desert.
10. He saved them from the hand of the enemy, and redeemed them from the hand of the foe.
11. The waters engulfed their adversaries; not one of them remained.
12. Then they believed in His words, they sang His praise.
13. They quickly forgot His deeds, they did not wait for His counsel;
14. and they lusted a craving in the desert, they tested God in the wilderness.
15. And He gave them their request, but sent emaciation into their souls.
16. They angered Moses in the camp, and Aaron, the Lord's holy one.
17. The earth opened and swallowed Dathan, and engulfed the company of Abiram;
18. and a fire burned in their assembly, a flame set the wicked ablaze.
19. They made a calf in Horeb, and bowed down to a molten image.
20. They exchanged their Glory for the likeness of a grass-eating ox.
21. They forgot God, their savior, Who had performed great deeds in Egypt,
22. wonders in the land of Ham, awesome things at the Sea of Reeds.
23. He said that He would destroy them-had not Moses His chosen one stood in the breach before Him, to turn away His wrath from destroying.
24. They despised the desirable land, they did not believe His word.
25. And they murmured in their tents, they did not heed the voice of the Lord.
26. So He raised His hand [in oath] against them, to cast them down in the wilderness,
27. to throw down their progeny among the nations, and to scatter them among the lands.
28. They joined themselves to [the idol] Baal Peor, and ate of the sacrifices to the dead;
29. they provoked Him with their doings, and a plague broke out in their midst.
30. Then Phineas arose and executed judgement, and the plague was stayed;
31. it was accounted for him as a righteous deed, through all generations, forever.
32. They angered Him at the waters of Merivah, and Moses suffered on their account;
33. for they defied His spirit, and He pronounced [an oath] with His lips.
34. They did not destroy the nations as the Lord had instructed them;
35. rather, they mingled with the nations and learned their deeds.
36. They worshipped their idols, and they became a snare for them.
37. They sacrificed their sons and daughters to demons.
38. They spilled innocent blood, the blood of their sons and daughters whom they sacrificed to the idols of Canaan; and the land became guilty with blood.
39. They were defiled by their deeds, and went astray by their actions.
40. And the Lord's wrath blazed against His people, and He abhorred His inheritance;
41. so He delivered them into the hands of nations, and their enemies ruled them.
42. Their enemies oppressed them, and they were subdued under their hand.
43. Many times did He save them, yet they were rebellious in their counsel and were impoverished by their sins.
44. But He saw their distress, when He heard their prayer;
45. and He remembered for them His covenant and He relented, in keeping with His abounding kindness,
46. and He caused them to be treated mercifully by all their captors.
47. Deliver us, Lord our God; gather us from among the nations, that we may give thanks to Your Holy Name and glory in Your praise.
48. Blessed is the Lord, the God of Israel, forever and ever. And let all the people say, "Amen! Praise the Lord!"
Chapter 107
This psalm speaks of those who are saved from four specific perilous situations(imprisonment, sickness, desert travel, and sea travel) and must thank God, for their sins caused their troubles, and only by the kindness of God were they saved. It is therefore appropriate that they praise God and tell of their salvation to all.
1. Give thanks to the Lord for He is good, for His kindness is everlasting.
2. So shall say those redeemed by the Lord, those whom He redeemed from the hand of the oppressor.
3. He gathered them from the lands-from east and from west, from north and from the sea.
4. They lost their way in the wilderness, in the wasteland; they found no inhabited city.
5. Both hungry and thirsty, their soul languished within them.
6. They cried out to the Lord in their distress; He delivered them from their afflictions.
7. He guided them in the right path to reach an inhabited city.
8. Let them give thanks to the Lord, and [proclaim] His wonders to the children of man,
9. for He has satiated a thirsting soul, and filled a hungry soul with goodness.
10. Those who sit in darkness and the shadow of death, bound in misery and chains of iron,
11. for they defied the words of God and spurned the counsel of the Most High-
12. He humbled their heart through suffering; they stumbled and there was none to help.
13. They cried out to the Lord in their distress; He saved them from their afflictions.
14. He brought them out of darkness and the shadow of death, and sundered their bonds.
15. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man,
16. for He broke the brass gates and smashed the iron bars.
17. Foolish sinners are afflicted because of their sinful ways and their wrongdoings.
18. Their soul loathes all food, and they reach the gates of death.
19. They cried out to the Lord in their distress; He saved them from their afflictions.
20. He sent forth His command and healed them; He delivered them from their graves.
21. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
22. Let them offer sacrifices of thanksgiving, and joyfully recount His deeds.
23. Those who go down to the sea in ships, who perform tasks in mighty waters;
24. they saw the works of the Lord and His wonders in the deep.
25. He spoke and caused the stormy wind to rise, and it lifted up the waves.
26. They rise to the sky, plunge to the depths; their soul melts in distress.
27. They reel and stagger like a drunkard, all their skill is to no avail.
28. They cried out to the Lord in their distress, and He brought them out from their calamity.
29. He transformed the storm into stillness, and the waves were quieted.
30. They rejoiced when they were silenced, and He led them to their destination.
31. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
32. Let them exalt Him in the congregation of the people, and praise Him in the assembly of the elders.
33. He turns rivers into desert, springs of water into parched land,
34. a fruitful land into a salt-marsh, because of the wickedness of those who inhabit it.
35. He turns a desert into a lake, and parched land into springs of water.
36. He settles the hungry there, and they establish a city of habitation.
37. They sow fields and plant vineyards which yield fruit and wheat.
38. He blesses them and they multiply greatly, and He does not decrease their cattle.
39. [If they sin,] they are diminished and cast down through oppression, misery, and sorrow.
40. He pours contempt upon distinguished men, and causes them to stray in a pathless wilderness.
41. He raises the needy from distress, and makes their families [as numerous] as flocks.
42. The upright observe this and rejoice, and all the wicked close their mouth.
43. Let him who is wise bear these in mind, and then the benevolent acts of the Lord will be understood.
Tanya: Likutei Amarim, beginning of Chapter 1
• Lessons in Tanya
• Today's Tanya Lesson
• Thursday, 22 Kislev, 5777 · 22 December 2016
• Likutei Amarim, beginning of Chapter 1
• תניא בסוף פרק ג׳ דנדה: משביעים אותו
• Rambam - Thursday, 22 Kislev, 5777 · 22 December 2016
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 171Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Full text of this Mitzvah »• Giving a Half Shekel
Positive Commandment 171
Translated by Berel Bell
Positive Commandment 172
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, [Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
FOOTNOTES
1.Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2.Ex. 30:12-13.
• Positive Commandment 153
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
The establishment of new months and leap years must be done during daylight hours.
A year must be comprised of complete months; a month must be comprised of complete days.
Full text of this Mitzvah »
• Calculating Months and Years
Positive Commandment 153
Translated by Berel Bell
The 153rd mitzvah is that G‑d (exalted be He) commanded us to calculate the months and years.1 This is the mitzvah of Kiddush HaChodesh (Sanctifying the Moon).
The source of this commandment is G‑d's statement2 (exalted be He), "[And G‑d said to Moshe and Aharon in the land of Egypt,] 'this month [Nissan] shall be the head month to you.' "
In their explanation of this mitzvah, the Sages said,3 "This testimony is given lochem ["you", plural]."4 The meaning of this statement: This mitzvah is not incumbent on every individual as is Shabbos, for example, where every single individual counts six days and rests on the seventh. In our case, it would mean that every individual who sees the appearance of the new moon would consider that day Rosh Chodesh [the first of the month]; Or that an individual could use the Torah-approved calculations to himself determine Rosh Chodesh; Or that he could himself estimate that the produce would not yet ripen [by Pesach]5, or consider any of the other factors6 which are used in determining [the calendar] — and then [himself declare a leap year and] add a month!
However, this mitzvah can only be performed by the Bais Din Hagadol, and only in Eretz Yisroel7. Therefore, since today there is no Bais Din HaGadol, we no longer determine the months on the basis of testimony, just as we no longer bring sacrifices because there is no Holy Temple.
The group of heretics known here in the East8 as Karaites have erred in this principle.9 Not even all of the Rabbis have grasped it, and as a result, grope around with them together in deep darkness.10
One must understand that the calculations which we use today to know11 when Rosh Chodesh and the holidays occur, may only be done in Eretz Yisroel. Only in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel, is it permissible to declare a leap year or determine Rosh Chodesh outside Eretz Yisroel — as Rabbi Akiva did, as explained in the Gemara.12 This is a very extreme measure, and it is well known that in the majority of cases, it was done only in Eretz Yisroel. They [i.e. the Sages in Eretz Yisroel] are the ones to establish the months and declare a leap year, when they gather together and use the accepted methods.
There is a very important principle upon which the Torah's perspective13 on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outside Eretz Yisroel use our system to make calculations and we declare that "this day is the first of the month," and "this day is a holiday," does not in any way mean that we are making this day based on our calculations. Rather, it is because the Bais Din in Eretz Yisroel has already established that the day is a holiday or Rosh Chodesh. The day becomes a holiday or Rosh Chodesh upon their declaration, "Today is Rosh Chodesh, or "Today is a holiday"; regardless of whether they based their actions on calculations or testimony.14
This [that the Bais Din HaGadol in Eretz Yisroel has absolute authority] is known to us through the verse15, "[Speak to the Israelites and tell them, 'These are the holidays] that you shall designate.' " Our Sages explain16, "These are the only holidays." The meaning of this statement, as passed down in the Oral Tradition: whatever they [i.e. the Bais Din] designate as holidays are considered holidays, even if they made an error, were forced [into making a declaration], or misled.
The calculations which we make today are only to know which day they established in Eretz Yisroel, since they use the exact same system to make calculations and to determine the day – not testimony. Therefore, we are really basing ourselves on their determination, rather than our own calculations, which are only used to reveal [what they already determined previously]. One must clearly understand this.
I will give some additional explanation: let us assume, for example, that there would be no Jewish inhabitants in Eretz Yisroel (G‑d forbid such a thing, since He has already promised that he will never completely wipe out or uproot the Jewish nation17); that there would be no Bais Din there, nor a Bais Din outside Eretz Yisroel which had been ordained in Eretz Yisroel. In such a case, our calculations would be totally futile,18 since we, who dwell outside Eretz Yisroel, may not make the calculations, nor declare leap years nor establish the months without the conditions mentioned above,19 since, "For from Zion shall go forth the Torah, and the word of the L‑rd from Jerusalem."20 A person who fully understands the words of the Talmud in this subject will, upon meditation, undoubtedly agree with the abovementioned.
The Torah contains brief references to the basic principles which are relied upon to know when Rosh Chodesh and the leap years occur. Among them: "This law must therefore be kept at its designated time (l'moadah)."21 Our Sages said,22 "This teaches you that one may add on to the leap year only close to the holiday" [moed, i.e. Pesach23].
They also said,24 "From which verse do we derive that only during the daytime may we officially add on to the month or officially declare Rosh Chodesh? From the verse,25 'miyamim yamimah.' "26
[So too,] G‑d's statement27 (exalted be He), "[This month shall be the head month to you; the first month] of the months of the year." On this our Sages said,28 "The year must be composed of months, not of [odd] days", meaning that when adding on to the year, a complete month must be added.29
There is also a verse,30 "a month of days." Our Sages commented,31 "the month must be composed of days, not of [odd] hours". [So too] the verse,32 "safeguard the month of Aviv,"33 which implies that in calculating the year we must take into account the seasons. Therefore, they shall be years [based not only on the moon but also] based on the sun.
All the details of this mitzvah have been completely explained in the first chapter of Sanhedrin,34 in tractate Rosh Hashanah,35 and in Berachos.
FOOTNOTES
1.The lunar month has approximately 29 1/2 days. Since, as mentioned later in this mitzvah, a month may only consist of complete days, one must determine whether a particular month has 29 or 30 days. This could be done either by witnesses, who testified that they saw the moon appear on the 30th day, or by making the astronomical calculations.
In addition, the holidays must fall out in the proper season: Pesach in the spring, etc. Since the lunar year is only 354 days and the solar year 365 days, each lunar year is 11 days short. Therefore, an additional lunar month must be periodically added in order to maintain the proper timing of the holidays.
2.Ex. 12:2.
3.Rosh Hashanah 22a.
4.I.e. to Moshe and Aharon. In later generations, it applies to the most important heads of the generation. See Rashi, ibid.
5.This would be a sign that Pesach is too early and therefore a month must be added.
6.Such as the spring solstice falling out later than the 16th of Nissan.
7.Unless there is no Sage in Eretz Yisroel of sufficient stature. See below.
8.I.e. Egypt. See Heller edition, note 10.
9.And therefore, even in the Rambam's times, they attempted to do this mitzvah by determining the calendar on the basis of testimony, each location individually. See Yad Halevi, note 8.
10.Trying to disprove the Karaites with faulty reasoning — saying, for example, that the primary mitzvah is to base everything on calculations, rather than testimony, even when the Bais Din HaGadol was in existence (unlike the Rambam's reasoning). See Kapach, 5731, note 40. The Rambam therefore proceeds to explain the function of the calculations.
11.See below for the preciseness of this wording — that today we use the calculations only to "know" what was previously established, not to ourselves establish Rosh Chodesh.
12.Berachos 63a.
13.This phrase can also be translated, "full understanding." See Kapach, 5731, note 44.
14.See note below regarding today's situation, where there is no Bais Din Hagadol in Eretz Yisroel.
15.Lev. 23:2.
16.Rosh Hashanah 25a.
17.For the source of this statement, see Tzafnas Paneach; Yermiyahu 31:35-36 and Guide to the Perplexed Part II, ch.28 (quoted in Kapach, 5731, note 51.)
18.The Ramban asks, if so, how can we have holidays and a calendar today?
However, there is a tradition (see Rashba, responsa, Vol.4, No.254) that Hillel HaNassi, in Eretz Yisroel, established a calendar until the arrival of Moshiach. Therefore, we can use our calculations to determine exactly what was previously established. According to many commentaries (see, for example, Megillas Esther; Chinuch) this is also the opinion of the Rambam. However, see Avnei Nezer, Orach Chaim, 310, 311; Maharam Shick, Mitzvah 4; Chasam Sofer, Yoreh Deah, 234.
19.I.e. in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel.
20.Yeshayahu 2:3.
21.Ex. 13:10.
22.Mechilta D'Rashbi.
23.The extra month of the leap must be an additional Adar, right before Nissan, the month of Pesach.
24.Mechilta D'Rashbi.
25.Ex. 13:10.
26.Literally, "from day to day." The standard translation of this verse, however, is "from year to year," or "every year."
27.Ex. 12:2.
28.Megilah 5a.
29.Unlike the solar leap year, where one day is added.
30.Num. 11:21.
31.Megillah 5a.
32.Deut. 16:1.
33.I.e. the spring solstice.
34.11a.
35.20a.
• Rambam - 1 Chapter: Genevah Genevah - Chapter One
• Genevah - Chapter One
• Kiddush HaChodesh - Chapter Three
• Thursday, 22 Kislev, 5777 · 22 December 2016
• "Today's Day"
• Tuesday, Kislev 22, 5703
Torah lessons: Chumash: Vayeishev, Shlishi with Rashi.
Tehillim: 106-107.
Tanya: I speak however (p.xiv)...May this be His will.
A practice instituted by the Rebbe: Every morning after davening - including Shabbat, festivals, Rosh Hashana and Yom Kippur - say a portion of Tehillim1 as the book was apportioned for the days of the month. When Tehillim is completed with a minyan - Mourner's Kaddish is said. In a month of 29 days, say the last two portions on the 29th.
FOOTNOTES
1.See "Saying Tehillim," Kehot 1975.
• Daily Thought:
Showing Miracles
As the days when you left Egypt, I will show them wonders.—Micah 7:15
There is a prophecy, not about miracles that the Creator will perform, but about those that He will show.
He will only need to show them, because they have already been performed. He performs them countless times every day, within the minute details of our lives.
They are the greatest of miracles. So great, they escape our perception. For our minds are incapable of perceiving a boundless G‑d within the neatly bounded order of a physical world.
Until the physical will have been transformed through our labor. Transformed and made transparent, so that these most ultimate of wonders will shine through.
Our world will be a lens to perceive the infinite.[Maamar Kimei Tzeit’cha 5712.]
Chumash: Vayeishev, 5th Portion Genesis 39:1-39:6 with Rashi
• Genesis Chapter 39
1Now Joseph had been brought down to Egypt, and Potiphar, Pharaoh's chamberlain, chief of the slaughterers, an Egyptian man, purchased him from the Ishmaelites who had brought him down there. אוְיוֹסֵ֖ף הוּרַ֣ד מִצְרָ֑יְמָה וַיִּקְנֵ֡הוּ פּֽוֹטִיפַר֩ סְרִ֨יס פַּרְעֹ֜ה שַׂ֤ר הַטַּבָּחִים֙ אִ֣ישׁ מִצְרִ֔י מִיַּד֙ הַיִּשְׁמְעֵאלִ֔ים אֲשֶׁ֥ר הֽוֹרִדֻ֖הוּ שָֽׁמָּה:
Now Joseph had been brought down to Egypt: [Scripture] returns to the previous topic, which it had interrupted in order to juxtapose the demotion of Judah with the selling of Joseph, to imply that because of him (Joseph), they (his brothers) demoted him (Judah) from his high position; and also to juxtapose the incident of Potiphar’s wife with the incident of Tamar, to tell you that just as that one [the incident of Tamar] was meant for the sake of heaven, so too this one [the incident of Potiphar’s wife] was meant for the sake of heaven. For she saw through her astrology that she was destined to raise children from him (Joseph), but she did not know whether [they would be] from her or from her daughter. [From Gen. Rabbah 85:2] ויוסף הורד: חוזר לענין ראשון, אלא שהפסיק בו כדי לסמוך ירידתו של יהודה למכירתו של יוסף לומר לך שבשבילו הורידוהו מגדולתו. ועוד, כדי לסמוך מעשה אשתו של פוטיפר למעשה תמר, לומר לך מה זו לשם שמים אף זו לשם שמים, שראתה באצטרולוגין שלה שעתידה להעמיד בנים ממנו ואינה יודעת אם ממנה אם מבתה:
2The Lord was with Joseph, and he was a successful man, and he was in the house of his Egyptian master. בוַיְהִ֤י יְהֹוָה֙ אֶת־יוֹסֵ֔ף וַיְהִ֖י אִ֣ישׁ מַצְלִ֑יחַ וַיְהִ֕י בְּבֵ֖ית אֲדֹנָ֥יו הַמִּצְרִֽי:
3And his master saw that the Lord was with him, and whatever he (Joseph) did the Lord made prosper in his hand. גוַיַּ֣רְא אֲדֹנָ֔יו כִּ֥י יְהֹוָ֖ה אִתּ֑וֹ וְכֹל֙ אֲשֶׁר־ה֣וּא עֹשֶׂ֔ה יְהֹוָ֖ה מַצְלִ֥יחַ בְּיָדֽוֹ:
that the Lord was with him: The name of Heaven was frequently in his mouth. [From Tanchuma Vayeshev 8] כי ה' אתו: שם שמים שגור בפיו:
4And Joseph found favor in his eyes, and he (Joseph) served him, and he (Potiphar) appointed him over his house, and all he had he gave into his hand. דוַיִּמְצָ֨א יוֹסֵ֥ף חֵ֛ן בְּעֵינָ֖יו וַיְשָׁ֣רֶת אֹת֑וֹ וַיַּפְקִדֵ֨הוּ֙ עַל־בֵּית֔וֹ וְכָל־יֶשׁ־ל֖וֹ נָתַ֥ן בְּיָדֽוֹ:
and all he had: Heb. וְכָל-יֶשׁ-לוֹ. This is elliptical. The word אִשֶׁר is missing. [It should read: וְכָל-אִשֶׁר יֶשׁ-לוֹ.] [from targumim] וכל יש לו: הרי לשון קצר, חסר אשר:
5Now it came to pass that since he had appointed him over his house and over all that he had, the Lord blessed the house of the Egyptian for Joseph's sake, and the blessing of the Lord was in all that he had, in the house and in the field. הוַיְהִ֡י מֵאָז֩ הִפְקִ֨יד אֹת֜וֹ בְּבֵית֗וֹ וְעַל֙ כָּל־אֲשֶׁ֣ר יֶשׁ־ל֔וֹ וַיְבָ֧רֶךְ יְהֹוָ֛ה אֶת־בֵּ֥ית הַמִּצְרִ֖י בִּגְלַ֣ל יוֹסֵ֑ף וַיְהִ֞י בִּרְכַּ֤ת יְהֹוָה֙ בְּכָל־אֲשֶׁ֣ר יֶשׁ־ל֔וֹ בַּבַּ֖יִת וּבַשָּׂדֶֽה:
6So he left all that he had in Joseph's hand, and he knew nothing about what was with him except the bread that he ate; and Joseph had handsome features and a beautiful complexion. ווַיַּֽעֲזֹ֣ב כָּל־אֲשֶׁר־לוֹ֘ בְּיַד־יוֹסֵף֒ וְלֹֽא־יָדַ֤ע אִתּוֹ֙ מְא֔וּמָה כִּ֥י אִם־הַלֶּ֖חֶם אֲשֶׁר־ה֣וּא אוֹכֵ֑ל וַיְהִ֣י יוֹסֵ֔ף יְפֵה־תֹ֖אַר וִיפֵ֥ה מַרְאֶֽה:
and he knew nothing about what was with him: He did not pay attention to anything. ולא ידע אתו מאומה: לא היה נותן לבו לכלום:
except the bread: That is his wife, but [Scripture] speaks euphemistically. [From Gen. Rabbah 86:6] כי אם הלחם: היא אשתו, אלא שדבר בלשון נקיה:
and Joseph had handsome features: As soon as Joseph found himself [in the position of] ruler, he began eating and drinking and curling his hair. Said the Holy One, blessed be He: “Your father is mourning and you curl your hair! I will incite the bear against you.” Immediately afterwards“his master’s wife lifted up her eyes.” [from Tanchuma Vayeshev 8] ויהי יוסף יפה תואר: כיון שראה עצמו מושל, התחיל אוכל ושותה ומסלסל בשערו, אמר הקב"ה אביך מתאבל ואתה מסלסל בשערך, אני מגרה בך את הדוב מיד:
• Daily Tehillim: Psalms Chapters 106 - 107
• Chapter 106
The psalmist continues the theme of the previous psalm, praising God for performing other miracles not mentioned previously, for "who can recount the mighty acts of God?" Were we to try, we could not mention them all!
1. Praise the Lord! Praise the Lord for He is good, for His kindness is everlasting.
2. Who can recount the mighty acts of the Lord, or proclaim all His praises?
3. Fortunate are those who preserve justice, who perform deeds of righteousness all the time.
4. Remember me, Lord, when You find favor with Your people; be mindful of me with Your deliverance;
5. to behold the prosperity of Your chosen, to rejoice in the joy of Your nation, to glory with Your inheritance.
6. We have sinned as did our fathers, we have acted perversely and wickedly.
7. Our fathers in Egypt did not contemplate Your wonders, they did not remember Your abundant kindnesses, and they rebelled by the sea, at the Sea of Reeds.
8. Yet He delivered them for the sake of His Name, to make His strength known.
9. He roared at the Sea of Reeds and it dried up; He led them through the depths, as through a desert.
10. He saved them from the hand of the enemy, and redeemed them from the hand of the foe.
11. The waters engulfed their adversaries; not one of them remained.
12. Then they believed in His words, they sang His praise.
13. They quickly forgot His deeds, they did not wait for His counsel;
14. and they lusted a craving in the desert, they tested God in the wilderness.
15. And He gave them their request, but sent emaciation into their souls.
16. They angered Moses in the camp, and Aaron, the Lord's holy one.
17. The earth opened and swallowed Dathan, and engulfed the company of Abiram;
18. and a fire burned in their assembly, a flame set the wicked ablaze.
19. They made a calf in Horeb, and bowed down to a molten image.
20. They exchanged their Glory for the likeness of a grass-eating ox.
21. They forgot God, their savior, Who had performed great deeds in Egypt,
22. wonders in the land of Ham, awesome things at the Sea of Reeds.
23. He said that He would destroy them-had not Moses His chosen one stood in the breach before Him, to turn away His wrath from destroying.
24. They despised the desirable land, they did not believe His word.
25. And they murmured in their tents, they did not heed the voice of the Lord.
26. So He raised His hand [in oath] against them, to cast them down in the wilderness,
27. to throw down their progeny among the nations, and to scatter them among the lands.
28. They joined themselves to [the idol] Baal Peor, and ate of the sacrifices to the dead;
29. they provoked Him with their doings, and a plague broke out in their midst.
30. Then Phineas arose and executed judgement, and the plague was stayed;
31. it was accounted for him as a righteous deed, through all generations, forever.
32. They angered Him at the waters of Merivah, and Moses suffered on their account;
33. for they defied His spirit, and He pronounced [an oath] with His lips.
34. They did not destroy the nations as the Lord had instructed them;
35. rather, they mingled with the nations and learned their deeds.
36. They worshipped their idols, and they became a snare for them.
37. They sacrificed their sons and daughters to demons.
38. They spilled innocent blood, the blood of their sons and daughters whom they sacrificed to the idols of Canaan; and the land became guilty with blood.
39. They were defiled by their deeds, and went astray by their actions.
40. And the Lord's wrath blazed against His people, and He abhorred His inheritance;
41. so He delivered them into the hands of nations, and their enemies ruled them.
42. Their enemies oppressed them, and they were subdued under their hand.
43. Many times did He save them, yet they were rebellious in their counsel and were impoverished by their sins.
44. But He saw their distress, when He heard their prayer;
45. and He remembered for them His covenant and He relented, in keeping with His abounding kindness,
46. and He caused them to be treated mercifully by all their captors.
47. Deliver us, Lord our God; gather us from among the nations, that we may give thanks to Your Holy Name and glory in Your praise.
48. Blessed is the Lord, the God of Israel, forever and ever. And let all the people say, "Amen! Praise the Lord!"
Chapter 107
This psalm speaks of those who are saved from four specific perilous situations(imprisonment, sickness, desert travel, and sea travel) and must thank God, for their sins caused their troubles, and only by the kindness of God were they saved. It is therefore appropriate that they praise God and tell of their salvation to all.
1. Give thanks to the Lord for He is good, for His kindness is everlasting.
2. So shall say those redeemed by the Lord, those whom He redeemed from the hand of the oppressor.
3. He gathered them from the lands-from east and from west, from north and from the sea.
4. They lost their way in the wilderness, in the wasteland; they found no inhabited city.
5. Both hungry and thirsty, their soul languished within them.
6. They cried out to the Lord in their distress; He delivered them from their afflictions.
7. He guided them in the right path to reach an inhabited city.
8. Let them give thanks to the Lord, and [proclaim] His wonders to the children of man,
9. for He has satiated a thirsting soul, and filled a hungry soul with goodness.
10. Those who sit in darkness and the shadow of death, bound in misery and chains of iron,
11. for they defied the words of God and spurned the counsel of the Most High-
12. He humbled their heart through suffering; they stumbled and there was none to help.
13. They cried out to the Lord in their distress; He saved them from their afflictions.
14. He brought them out of darkness and the shadow of death, and sundered their bonds.
15. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man,
16. for He broke the brass gates and smashed the iron bars.
17. Foolish sinners are afflicted because of their sinful ways and their wrongdoings.
18. Their soul loathes all food, and they reach the gates of death.
19. They cried out to the Lord in their distress; He saved them from their afflictions.
20. He sent forth His command and healed them; He delivered them from their graves.
21. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
22. Let them offer sacrifices of thanksgiving, and joyfully recount His deeds.
23. Those who go down to the sea in ships, who perform tasks in mighty waters;
24. they saw the works of the Lord and His wonders in the deep.
25. He spoke and caused the stormy wind to rise, and it lifted up the waves.
26. They rise to the sky, plunge to the depths; their soul melts in distress.
27. They reel and stagger like a drunkard, all their skill is to no avail.
28. They cried out to the Lord in their distress, and He brought them out from their calamity.
29. He transformed the storm into stillness, and the waves were quieted.
30. They rejoiced when they were silenced, and He led them to their destination.
31. Let them give thanks to the Lord for His kindness, and [proclaim] His wonders to the children of man.
32. Let them exalt Him in the congregation of the people, and praise Him in the assembly of the elders.
33. He turns rivers into desert, springs of water into parched land,
34. a fruitful land into a salt-marsh, because of the wickedness of those who inhabit it.
35. He turns a desert into a lake, and parched land into springs of water.
36. He settles the hungry there, and they establish a city of habitation.
37. They sow fields and plant vineyards which yield fruit and wheat.
38. He blesses them and they multiply greatly, and He does not decrease their cattle.
39. [If they sin,] they are diminished and cast down through oppression, misery, and sorrow.
40. He pours contempt upon distinguished men, and causes them to stray in a pathless wilderness.
41. He raises the needy from distress, and makes their families [as numerous] as flocks.
42. The upright observe this and rejoice, and all the wicked close their mouth.
43. Let him who is wise bear these in mind, and then the benevolent acts of the Lord will be understood.
Tanya: Likutei Amarim, beginning of Chapter 1
• Lessons in Tanya
• Today's Tanya Lesson
• Thursday, 22 Kislev, 5777 · 22 December 2016
• Likutei Amarim, beginning of Chapter 1
• תניא בסוף פרק ג׳ דנדה: משביעים אותו
We have learned (Niddah, end of ch. 3):1 “An oath is administered to him:
Before a Jew is born an oath is administered to him in heaven, charging him:
תהי צדיק ואל תהי רשע, ואפילו כל העולם כולו אומרים לך צדיק אתה היה בעיניך כרשע
‘Be righteous and be not wicked; and even if the whole world judging you by your actions tells you that you are righteous, regard yourself as wicked.’”
The soul of a Jew descends into a body for a purpose — in order to fulfill a specific spiritual mission in this world. To enable him to fulfill it a heavenly oath is administered to him that he “be righteous and not wicked,” and concurrently, that he regard himself as wicked and not righteous. The root (שׁבע) of the verb משׁביעים (“an oath is administered”) is virtually identical with the root (שׂבע) of the verb משׂביעים (“one causes [him] to be sated”). Accordingly, the oath charging him to be righteous may also be understood to mean that the soul is thereby invested (“sated”) with the power that enables it to fulfill its destiny in life on earth.
וצריך להבין, דהא תנן אבות פרק ב׳ : ואל תהי רשע בפני עצמך
This requires to be understood, for we have learned in the Mishnah [Avot, ch. 2],2 “Be not wicked in your own estimation.”
How, then, can we say that an oath is administered to the soul that it regard itself as wicked, when this directly contradicts the Mishnaic injunction not to regard oneself as wicked?3
וגם אם יהיה בעיניו כרשע ירע לבבו ויהיה עצב
Furthermore, if a person considers himself wicked, he will be grieved at heart and depressed,
ולא יוכל לעבוד ה׳ בשמחה ובטוב לבב
and consequently will not be able to serve G‑d joyfully and with a contented heart;
Apart from the previously mentioned contradiction from the Mishnah, an additional question is now raised. A cardinal principle in the service of G‑d is that it be performed with joy — joy at the privilege of serving Him either through performing a positive command or by refraining from that which is prohibited. How then can one be required to take an oath to consider himself wicked, when this will cause him to be depressed, making it impossible for him to serve G‑d with joy?
Furthermore, just as the first part of the oath, “Be righteous and be not wicked,” is vital to his success in realizing his life’s mission, so too the fulfillment of the second part of the oath, that he consider himself wicked, is imperative. How can this possibly be so, when such an attitude hinders his joyful service of G‑d?
ואם לא ירע לבבו כלל מזה
while if his heart will not be at all grieved by this self-appraisal,
I.e., if we should propose that in order to fulfill the oath the person will indeed regard himself as wicked, but at the same time will resolve that his wickedness shall not perturb him, so as not to encumber his joyful service of G‑d,
יכול לבוא לידי קלות חס ושלום
he may be led to irreverence, G‑d forbid, by such an attitude, with sin perturbing him not at all.
For although his original resolve that being wicked will not perturb him stems only from his sincere desire to serve G‑d with joy, yet such a resolution may very well lead to a situation where wickedness will truly not disturb him.
אך הענין
However, the [above] matter will be more clearly understood after a preliminary discussion of the true meaning of “righteous” and “wicked”.
כי הנה מצינו בגמרא ה׳ חלוקות: צדיק וטוב לו, צדיק ורע לו
We find in the Gemara4 five distinct types: a righteous man who prospers, materially as well as spiritually — he knows only good; a righteous man who suffers, in both a material as well as spiritual sense: spiritually, he has not yet vanquished all his evil, and in the material sense too he is wanting;
רשע וטוב לו, רשע ורע לו, ובינוני
a wicked man in whom there is some good and who prospers; a wicked man who suffers spiritually and materially;and an intermediate man — the Beinoni.
ופירשו בגמרא: צדיק וטוב לו — צדיק גמור
The Gemara explains: “the righteous man who prospers” is the consummate lit., “complete” tzaddik;
Once he has achieved this level, physical suffering — to cleanse the soul from the impurities of sin — is unnecessary; he therefore prospers materially as well.
צדיק ורע לו — צדיק שאינו גמור
the “righteous man who suffers” is the imperfect lit., “incomplete” tzaddik.
He therefore experiences some measure of material suffering, thereby cleansing the soul while it is yet clothed in the body, so that he will not have to endure any spiritual suffering in the World to Come.
Accordingly, the Gemara is not referring to two tzaddikim on the same spiritual level, one of whom prospers while the other suffers; rather, it speaks of two distinct levels of tzaddikim. The Gemara thus cites only two characterizations regarding the tzaddik — “consummate” and “imperfect” (lit., “complete” and “incomplete”). The terms “who prospers” or “who suffers” do not indicate his spiritual level: they merely describe his resultant material status.
וברעיא מהימנא פרשת משפטים פירש: צדיק ורע לו — שהרע שבו כפוף לטוב
In Ra‘aya Mehemna (Parshat Mishpatim)5 it is explained that “the righteous man who suffers” is one whose evil nature is subservient to his good nature.6
He is a tzaddik who still retains some vestige of evil, albeit subservient to his good nature. Accordingly, a “righteous man who prospers” is a tzaddik in whom there is only good, since he has totally transformed his evil nature.
According to the Zohar (of which Ra‘aya Mehemna is a part), the terms “who prospers” and “who suffers” also indicate and describe the level of the tzaddik. The “tzaddik who prospers” is a tzaddik in whom there is only good — the evil within him having already been transformed to good; the “tzaddik who suffers” is a tzaddik of lower stature — one who still harbors some evil.
However, we must now understand why redundant titles are given to each level of tzaddik: “complete tzaddik” and “tzaddik who prospers”; “incomplete tzaddik” and “tzaddik who suffers.” If the “complete tzaddik” is the “tzaddik who prospers” (i.e., in whom there is only good) and the “incomplete tzaddik” is the “tzaddik who suffers” (i.e., retains a vestige of evil), why then is it necessary to give each tzaddik two appellations?
The explanation provided further (in ch. 10) is that each descriptive term denotes a specific aspect of the divine service of the tzaddik. The terms “complete tzaddik” and “incomplete tzaddik” denote the level of service of the tzaddik’s G‑dly soul, i.e., the tzaddik’s love of G‑d, for it is by virtue of this love that he is called “tzaddik.” The “complete tzaddik” is he who has attained perfection in his love of G‑d in a manner of ahavah betaanugim (“love of delights”) — the serene love of fulfillment. The tzaddik whose ahavah betaanugim is as yet imperfect is called the “incomplete (or unperfected) tzaddik.”
The terms “tzaddik who prospers” and “tzaddik who suffers” denote the tzaddik’s status vis-à-vis his efforts in transforming his animal soul to holiness. For the tzaddik, through his lofty service of ahavah betaanugim, transforms the evil within him into holiness and good. The designation “tzaddik who prospers” indicates that he has already totally transformed the evil within him and now good alone remains, while the “tzaddik who suffers” is one who has not yet managed to totally transform the evil within him to good; a vestige of it still remains.
The explanations that follow make it abundantly clear that the evil referred to here is no more than an amorphous evil still harbored in the heart of the “incomplete tzaddik.” For the tzaddik has no association with actual evil that manifests itself in thought or speech, and most certainly not with the evil that finds expression in actions.
ובגמרא סוף פרק ט׳ דברכות: צדיקים יצר טוב שופטן כו׳, רשעים יצר הרע שופטן
In the Gemara (end of ch. 9 of Berachot7) [it is stated] that the righteous are “judged” i.e., motivated and ruled by their good nature, their good nature having the final say; the wicked are judged i.e., motivated and ruled by their evil nature, their evil nature having the final say;
בינונים זה וזה שופטן וכו׳
intermediate men are “judged” by both the good and evil nature.8
אמר רבה: כגון אנא בינוני. אמר ליה אביי: לא שביק מר חיי לכל בריה וכו׳
Rabbah declared: “I, for example, am a ‘Beinoni’.” Said Abbaye to him, “Master, you make it impossible for any creature to live.”
Abbaye argued thus: “If you are a Beinoni, then all those on a lower level than you fall into the category of the wicked, concerning whom our Sages say:9 ‘The wicked, even while alive, are considered dead.’ By calling yourself a Beinoni you thus make it impossible for anyone to live.”
ולהבין כל זה באר היטב
To understand all the aforesaid clearly [an explanation is called for].
In addition to the question which will soon follow — that according to the common conception of a Beinoni as a person having half mitzvot and half transgressions, how could a great sage like Rabbah mistake himself for a Beinoni — a further question is implied:
If a Beinoni is simply one having half mitzvot and half transgressions, then his status is readily identifiable, and there is no possible room for debate.
וגם להבין מה שאמר איוב בבא בתרא פרק א׳ : רבונו של עולם, בראת צדיקים בראת רשעים כו׳
And also to understand the statement of Job [Bava Batra ch. 1]10: “L‑rd of the Universe! You have created righteous men, You have created wicked men,....”
והא צדיק ורשע לא קאמר
for He does not decree [which persons are to be] righteous and wicked.
The Gemara11 relates that G‑d decrees that a child about to be born will be wise or foolish, strong or weak, and so on. However, whether the child will be righteous or wicked G‑d does not say: this is not predetermined; rather, it is left to the individual’s free choice.
How, then, are we to understand Job’s plaint, “You have created righteous men, You have created wicked men”?12
וגם להבין מהות מדריגת הבינוני
We must also understand the essential nature (mahut) of the rank of the Beinoni.
The mahut of a tzaddik is righteousness; the mahut of the wicked man is evil. What is the mahut — the essential nature — of the Beinoni?
שבודאי אינו מחצה זכיות ומחצה עוונות, שאם כן איך טעה רבה בעצמו לומר שהוא בינוני
He is certainly not one whose deeds are half virtuous and half sinful; for if this were so, how could Rabbah err in [classifying] himself as a Beinoni?
ונודע דלא פסיק פומיה מגירסא, עד שאפילו מלאך המות לא היה יכול לשלוט בו
— when it is known that his mouth never ceased studying [the Torah], so much so that even the Angel of Death had no dominion over him.13
Such was Rabbah’s diligence that he did not neglect his studies for even one moment. Qualitatively too, his learning was on so high a plane that the Angel of Death was unable to overpower him.
ואיך היה יכול לטעות במחצה עוונות, חס ושלום
How, then, could he err in considering that half his deeds were sinful, G‑d forbid?
ועוד, שהרי בשעה שעושה עונות נקרא רשע גמור
Furthermore, when can a person be considered a Beinoni? For at the time one sins until he repents he is deemed completely wicked,
ואם אחר כך עשה תשובה נקרא צדיק גמור
(and if he was sinful and then repented, thus ceasing to be wicked, he is deemed completely righteous14).
ואפילו העובר על איסור קל של דברי סופרים מקרי רשע, כדאיתא בפרק ב׳ דיבמות ובפרק קמא דנדה
Even he who violates a minor prohibition of the Rabbis is termed wicked, as is stated in Yevamot, ch. 2,15 and in Niddah, ch. 1.16
ואפילו מי שיש בידו למחות ולא מיחה נקרא רשע בפרק ו׳ דשבועות
Moreover, even he who himself does not sin, but has the opportunity to forewarn another against sinning and fails to do so is termed wicked [Shevuot, ch. 617].
וכל שכן וקל וחומר במבטל איזו מצות עשה שאפשר לו לקיימה
All the more so he who neglects any positive law which he is able to fulfill,
כמו כל שאפשר לו לעסוק בתורה ואינו עוסק
for instance, whoever is able to study Torah and does not do so,
שעליו דרשו רבותינו ז״ל: כי דבר ה׳ בזה וגו׳ הכרת תכרת וגו׳
to whom our Sages18 have applied the verse,19 “Because he has despised the word of the L‑rd (i.e., the Torah),.[that soul] shall be utterly cut off....”
ופשיטא דמקרי רשע טפי מעובר איסור דרבנן
It is thus plain that such a person is called wicked, more so than he who violates a prohibition of the Sages.
ואם כן על כרחך הבינוני אין בו אפילו עון ביטול תורה
This being so, we must conclude that the Beinoni is not guilty even of the sin of neglecting to study Torah;
a sin most difficult to avoid, and counted among those sins that people transgress daily.20
ומשום הכי טעה רבה בעצמו לומר שהוא בינוני
This is why Rabbah mistook himself for a Beinoni.
Since a Beinoni is innocent even of neglecting Torah study, Rabbah could [mistakenly] consider himself a Beinoni, even though he scrupulously observed even the most minor commandments and never ceased from his studies.
הגהה
ומה שכתוב בזהר חלק ג׳ דף רל״א: כל שממועטין עונותיו וכו׳ —
NOTE
As for what is written in the Zohar III, p. 231: “He whose sins are few [is classed as a ‘righteous man who suffers’],”
implying that even according to the Zohar the meaning of a “righteous man who suffers” is one who does have sins, albeit few; and if so, a Beinoni must be one who is in part virtuous and in part sinful,
היא שאלת רב המנונא לאליהו
this is the query of Rav Hamnuna to Elijah.
אבל לפי תשובת אליהו שם הפי' צדיק ורע לו הוא כמ"ש בר"מ פרשה משפטים דלעיל
But according to Elijah’s answer [ibid.], the meaning of a “righteous man who suffers” is as stated in Ra‘aya Mehemna on Parshat Mishpatim, quoted above,21 i.e., that the “righteous man who suffers” is one whose evil nature is subservient to his good nature.
ושבעים פנים לתורה
And the Torah has seventy facets (modes of interpretation).22
The Rebbe notes that the words, “And the Torah has seventy facets,” help us understand Rav Hamnuna’s query. It is difficult to understand how Rav Hamnuna would even entertain the notion that a “righteous man who suffers” is one who actually sins, inasmuch as all the abovementioned questions clearly lead us to assume the opposite. Rav Hamnuna’s query, however, was prompted only by the fact that “the Torah has seventy facets,” and he thought that this was possibly one of these facets.
END OF NOTE
| FOOTNOTES | |
| 1. | Niddah 30b. |
| 2. | Avot 2:13. |
| 3. | The apparent contradiction between the two statements is resolved in ch. 13. See also chs. 14, 29 and 34. |
| 4. | Berachot 7a. |
| 5. | Zohar II, 117b. |
| 6. | This is an alternative interpretation of the words ורע לו which may be rendered literally as “evil [belongs] to him”; i.e, he is master of the evil nature in him. |
| 7. | 61b. |
| 8. | See beginning of ch. 9, and ch. 13. |
| 9. | Berachot 18b. |
| 10. | Bava Batra 16a. |
| 11. | Niddah 16b. |
| 12. | The question is answered in ch. 14 and ch. 27. |
| 13. | See Bava Metzia 86a. |
| 14. | The Rebbe notes that although the Gemara in Kiddushin 49b indicates only that the penitent sinner is considered a tzaddik, it is explicitly stated in Or Zarua, sec. 112, that he is considered a tzaddik gamur. |
| 15. | 20a. |
| 16. | 12a. |
| 17. | 39b. |
| 18. | Sanhedrin 99a. |
| 19. | Bamidbar 15:31. |
| 20. | See below, end of ch. 25. |
| 21. | Zohar II, 117b. |
| 22. | Otiot deRabbi Akiva; comp. Bamidbar Rabbah 14:12. |
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 171Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Full text of this Mitzvah »• Giving a Half Shekel
Positive Commandment 171
Translated by Berel Bell
Positive Commandment 172
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, [Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
FOOTNOTES
1.Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2.Ex. 30:12-13.
• Positive Commandment 153
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
The establishment of new months and leap years must be done during daylight hours.
A year must be comprised of complete months; a month must be comprised of complete days.
Full text of this Mitzvah »
• Calculating Months and Years
Positive Commandment 153
Translated by Berel Bell
The 153rd mitzvah is that G‑d (exalted be He) commanded us to calculate the months and years.1 This is the mitzvah of Kiddush HaChodesh (Sanctifying the Moon).
The source of this commandment is G‑d's statement2 (exalted be He), "[And G‑d said to Moshe and Aharon in the land of Egypt,] 'this month [Nissan] shall be the head month to you.' "
In their explanation of this mitzvah, the Sages said,3 "This testimony is given lochem ["you", plural]."4 The meaning of this statement: This mitzvah is not incumbent on every individual as is Shabbos, for example, where every single individual counts six days and rests on the seventh. In our case, it would mean that every individual who sees the appearance of the new moon would consider that day Rosh Chodesh [the first of the month]; Or that an individual could use the Torah-approved calculations to himself determine Rosh Chodesh; Or that he could himself estimate that the produce would not yet ripen [by Pesach]5, or consider any of the other factors6 which are used in determining [the calendar] — and then [himself declare a leap year and] add a month!
However, this mitzvah can only be performed by the Bais Din Hagadol, and only in Eretz Yisroel7. Therefore, since today there is no Bais Din HaGadol, we no longer determine the months on the basis of testimony, just as we no longer bring sacrifices because there is no Holy Temple.
The group of heretics known here in the East8 as Karaites have erred in this principle.9 Not even all of the Rabbis have grasped it, and as a result, grope around with them together in deep darkness.10
One must understand that the calculations which we use today to know11 when Rosh Chodesh and the holidays occur, may only be done in Eretz Yisroel. Only in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel, is it permissible to declare a leap year or determine Rosh Chodesh outside Eretz Yisroel — as Rabbi Akiva did, as explained in the Gemara.12 This is a very extreme measure, and it is well known that in the majority of cases, it was done only in Eretz Yisroel. They [i.e. the Sages in Eretz Yisroel] are the ones to establish the months and declare a leap year, when they gather together and use the accepted methods.
There is a very important principle upon which the Torah's perspective13 on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outside Eretz Yisroel use our system to make calculations and we declare that "this day is the first of the month," and "this day is a holiday," does not in any way mean that we are making this day based on our calculations. Rather, it is because the Bais Din in Eretz Yisroel has already established that the day is a holiday or Rosh Chodesh. The day becomes a holiday or Rosh Chodesh upon their declaration, "Today is Rosh Chodesh, or "Today is a holiday"; regardless of whether they based their actions on calculations or testimony.14
This [that the Bais Din HaGadol in Eretz Yisroel has absolute authority] is known to us through the verse15, "[Speak to the Israelites and tell them, 'These are the holidays] that you shall designate.' " Our Sages explain16, "These are the only holidays." The meaning of this statement, as passed down in the Oral Tradition: whatever they [i.e. the Bais Din] designate as holidays are considered holidays, even if they made an error, were forced [into making a declaration], or misled.
The calculations which we make today are only to know which day they established in Eretz Yisroel, since they use the exact same system to make calculations and to determine the day – not testimony. Therefore, we are really basing ourselves on their determination, rather than our own calculations, which are only used to reveal [what they already determined previously]. One must clearly understand this.
I will give some additional explanation: let us assume, for example, that there would be no Jewish inhabitants in Eretz Yisroel (G‑d forbid such a thing, since He has already promised that he will never completely wipe out or uproot the Jewish nation17); that there would be no Bais Din there, nor a Bais Din outside Eretz Yisroel which had been ordained in Eretz Yisroel. In such a case, our calculations would be totally futile,18 since we, who dwell outside Eretz Yisroel, may not make the calculations, nor declare leap years nor establish the months without the conditions mentioned above,19 since, "For from Zion shall go forth the Torah, and the word of the L‑rd from Jerusalem."20 A person who fully understands the words of the Talmud in this subject will, upon meditation, undoubtedly agree with the abovementioned.
The Torah contains brief references to the basic principles which are relied upon to know when Rosh Chodesh and the leap years occur. Among them: "This law must therefore be kept at its designated time (l'moadah)."21 Our Sages said,22 "This teaches you that one may add on to the leap year only close to the holiday" [moed, i.e. Pesach23].
They also said,24 "From which verse do we derive that only during the daytime may we officially add on to the month or officially declare Rosh Chodesh? From the verse,25 'miyamim yamimah.' "26
[So too,] G‑d's statement27 (exalted be He), "[This month shall be the head month to you; the first month] of the months of the year." On this our Sages said,28 "The year must be composed of months, not of [odd] days", meaning that when adding on to the year, a complete month must be added.29
There is also a verse,30 "a month of days." Our Sages commented,31 "the month must be composed of days, not of [odd] hours". [So too] the verse,32 "safeguard the month of Aviv,"33 which implies that in calculating the year we must take into account the seasons. Therefore, they shall be years [based not only on the moon but also] based on the sun.
All the details of this mitzvah have been completely explained in the first chapter of Sanhedrin,34 in tractate Rosh Hashanah,35 and in Berachos.
FOOTNOTES
1.The lunar month has approximately 29 1/2 days. Since, as mentioned later in this mitzvah, a month may only consist of complete days, one must determine whether a particular month has 29 or 30 days. This could be done either by witnesses, who testified that they saw the moon appear on the 30th day, or by making the astronomical calculations.
In addition, the holidays must fall out in the proper season: Pesach in the spring, etc. Since the lunar year is only 354 days and the solar year 365 days, each lunar year is 11 days short. Therefore, an additional lunar month must be periodically added in order to maintain the proper timing of the holidays.
2.Ex. 12:2.
3.Rosh Hashanah 22a.
4.I.e. to Moshe and Aharon. In later generations, it applies to the most important heads of the generation. See Rashi, ibid.
5.This would be a sign that Pesach is too early and therefore a month must be added.
6.Such as the spring solstice falling out later than the 16th of Nissan.
7.Unless there is no Sage in Eretz Yisroel of sufficient stature. See below.
8.I.e. Egypt. See Heller edition, note 10.
9.And therefore, even in the Rambam's times, they attempted to do this mitzvah by determining the calendar on the basis of testimony, each location individually. See Yad Halevi, note 8.
10.Trying to disprove the Karaites with faulty reasoning — saying, for example, that the primary mitzvah is to base everything on calculations, rather than testimony, even when the Bais Din HaGadol was in existence (unlike the Rambam's reasoning). See Kapach, 5731, note 40. The Rambam therefore proceeds to explain the function of the calculations.
11.See below for the preciseness of this wording — that today we use the calculations only to "know" what was previously established, not to ourselves establish Rosh Chodesh.
12.Berachos 63a.
13.This phrase can also be translated, "full understanding." See Kapach, 5731, note 44.
14.See note below regarding today's situation, where there is no Bais Din Hagadol in Eretz Yisroel.
15.Lev. 23:2.
16.Rosh Hashanah 25a.
17.For the source of this statement, see Tzafnas Paneach; Yermiyahu 31:35-36 and Guide to the Perplexed Part II, ch.28 (quoted in Kapach, 5731, note 51.)
18.The Ramban asks, if so, how can we have holidays and a calendar today?
However, there is a tradition (see Rashba, responsa, Vol.4, No.254) that Hillel HaNassi, in Eretz Yisroel, established a calendar until the arrival of Moshiach. Therefore, we can use our calculations to determine exactly what was previously established. According to many commentaries (see, for example, Megillas Esther; Chinuch) this is also the opinion of the Rambam. However, see Avnei Nezer, Orach Chaim, 310, 311; Maharam Shick, Mitzvah 4; Chasam Sofer, Yoreh Deah, 234.
19.I.e. in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel.
20.Yeshayahu 2:3.
21.Ex. 13:10.
22.Mechilta D'Rashbi.
23.The extra month of the leap must be an additional Adar, right before Nissan, the month of Pesach.
24.Mechilta D'Rashbi.
25.Ex. 13:10.
26.Literally, "from day to day." The standard translation of this verse, however, is "from year to year," or "every year."
27.Ex. 12:2.
28.Megilah 5a.
29.Unlike the solar leap year, where one day is added.
30.Num. 11:21.
31.Megillah 5a.
32.Deut. 16:1.
33.I.e. the spring solstice.
34.11a.
35.20a.
• Rambam - 1 Chapter: Genevah Genevah - Chapter One
• Genevah - Chapter One
Introduction to Hilchos Genevah
[This text] contains seven mitzvot: two positive commandments and five negative commandments. They are:
1) Not to steal property;
2) The laws governing a thief;
3) To insure the accuracy of scales and weights;
4) Not to deceive a person by using [inaccurate] measures and weights;
5) Not to possess two sets of weights or measures, even though one does not use them for business;
6) Not to move a colleague's property marker;
7) Not to kidnap.
These mitzvot are explained in the chapters [that follow].
1) Not to steal property;
2) The laws governing a thief;
3) To insure the accuracy of scales and weights;
4) Not to deceive a person by using [inaccurate] measures and weights;
5) Not to possess two sets of weights or measures, even though one does not use them for business;
6) Not to move a colleague's property marker;
7) Not to kidnap.
These mitzvot are explained in the chapters [that follow].
הלכות גניבה - הקדמה
יש בכללן שבע מצות. שתי מצות עשה. וחמש מצות לא תעשה, וזה הוא פרטן:
א) שלא לגנוב ממון
ב) דין הגנב
ג) לצדק המאזנים עם המשקלות
ד) שלא יעשה עול במדות ובמשקלות
ה) שלא יהיה לאדם אבן ואבן איפה ואיפה אף על פי שאינו לוקח ונותן בהן
ו) שלא יסיג גבול
ז) שלא לגנוב נפשות
:א) שלא לגנוב ממון
ב) דין הגנב
ג) לצדק המאזנים עם המשקלות
ד) שלא יעשה עול במדות ובמשקלות
ה) שלא יהיה לאדם אבן ואבן איפה ואיפה אף על פי שאינו לוקח ונותן בהן
ו) שלא יסיג גבול
ז) שלא לגנוב נפשות
וביאור מצות אלו בפרקים אלו
1
Whenever a person steals property that is worth a p'rutah or more, he transgresses a negative commandment, as Exodus 20:13 states: "Do not steal."
Lashes are not administered for the violation of this commandment, for one is obligated to give compensation. For the Torah requires a thief to compensate the party from whom he stole, whether he be a Jew or a gentile, an adult or a minor.
א
כל א הגונב ממון משוה פרוטה ולמעלה עובר על לא תעשה שנאמר לא תגנוב. ואין לוקין על לאו זה שהרי ניתן לתשלומין שהגנב חייבתו תורה לשלם. ואחד הגונב ממון ישראל או הגונב ממון עכו"ם ואחד הגונב את הגדול או את הקטן:
2
The Torah prohibits stealing even the slightest amount. It is forbidden to steal as a jest, to steal with the intent to return, or to steal with the intent to pay. All is forbidden, lest one habituate oneself to such conduct.
ב
אסור לגנוב כל שהוא דין תורה. ואסור לגנוב דרך שחוק או לגנוב על מנת להחזיר או על מנת לשלם הכל אסור שלא ירגיל עצמו בכך:
3
Who is a thief? A person who takes assets belonging to a colleague in stealth, without the owner's knowing - e.g., a pickpocket who is not detected by the owner or the like.
If, however, a person takes a colleague's assets in open view and with public knowledge by force, he is not considered a thief, but rather a robber.
For this reason, an armed bandit who steals is not considered a robber, but a thief. This applies even when the owner takes notice when he steals.
ג
אי זהו גנב זה הלוקח ממון אדם בסתר ואין הבעלים יודעים. כגון הפושט ידו לתוך כיס חבירו ולקח מעותיו ואין הבעלים רואים וכן כל כיוצא בזה. אבל אם לקח בגלוי ובפרהסיא בחוזק יד אין זה גנב אלא גזלן. לפיכך
4
When two acceptable witnesses testify that a person stole, he is required to pay twice the amount of the stolen property to its owner. If he stole a dinar, he must pay two. If he stole a donkey, a garment or a camel, he must pay twice its worth. He thus loses the amount that he desired that his colleague would lose.
ד
גנב שהעידו עליו עדים כשרים שגנב חייב לשלם א שנים לבעל הגניבה. אם גנב דינר משלם שנים. גנב חמור או כסות או גמל משלם שנים בדמיה נמצא מפסיד כשיעור שבקש לחסר את חבירו:
5
When a thief admits that he stole, he must repay the principal, but he is not liable for the payment of the double amount, as indicated by Exodus 22:8: "one who is deemed guilty by the court must pay double." This excludes a person who admits his own guilt; he need not pay double.
This principle applies with regard to all the fines required by the Torah. A person who admits his own guilt is not liable for the fine.
ה
ב גנב שהודה מעצמו שגנב משלם את הקרן ופטור מן הכפל שנאמר אשר ירשיעון אלהים ישלם שנים ולא המרשיע את עצמו משלם שנים. והוא הדין לכל הקנסות שהמודה בהן פטור:
6
The obligation to make double restitution applies with regard to all articles with the exception of a sheep or an ox. A person who steals an ox or a sheep and slaughters it or sells it must pay four times the amount of the sheep and five times the amount of the ox.
ו
תשלומי כפל נוהגין בכל חוץ משה ושור שהגונב את השור או את השה וטבח או מכר משלם על השה תשלומי ארבעה ועל השור תשלומי חמשה:
7
The obligation to pay double - or four or five times the amount - of the value of the stolen article applies equally to a man and to a woman. If a woman is married and thus has no financial resources with which to pay, the double paymentremains a debt that she is obligated to pay when she is divorced or becomes a widow. At that time, the court exacts payment from her.
ז
ג אחד האיש ואחד האשה שגנבו חייבין לשלם תשלומי כפל ותשלומי ארבעה וחמשה. היתה אשת איש שאין לה לשלם הרי הכפל עליה חוב עד שתתגרש או ימות בעלה ובית דין נפרעים ממנה:
8
When a minor steals, he is not liable for the double payment. The stolen article must, however, be returned to its owner. If that article is lost, he is not obligated to pay the principal even after he attains majority.
ח
קטן שגנב פטור מן הכפל ומחזירין לו דבר הגנוב ממנו. ואם אבדו אינו חייב לשלם אף הקרן ואפילו לאחר שהגדיל:
9
When a servant steals, he is not liable for the double payment. Similarly, his owner is not liable. For a person is not liable for the damages caused by his servants although they are his property. The rationale is that the servants are mentally competent, and their owner is incapable of guarding them. Were the owner to be held liable for the damages his servants cause, if he angered a servant, the servant could desire to seek revenge and go and ignite a grain heap worth a thousand dinar or precipitate other similar damage to cause his owner to be liable.
If the servant is freed by his owner, he is obligated to pay the double payment.
ט
העבד שגנב פטור מן הכפל ובעליו פטורין שאין אדם חייב על נזקי עבדיו אע"פ שהן ממונו מפני שיש בהן דעת ואינו יכול לשמרן שאם יכעיסנו רבו ילך וידליק גדיש באלף דינר וכיוצא בזה משאר נזקין. נשתחרר העבד חייב לשלם את הכפל:
10
It is appropriate for the court to administer corporal punishment to a child who steals, according to the child's strength, so that he will not become accustomed to such conduct. The same principles apply if he causes other types of damage.
Similarly, servants who stole or caused damage should be administered severe corporal punishment, so that they will not become accustomed to causing damage.
י
ראוי לבית דין להכות את הקטנים כפי כח הקטן על הגנבה כדי שלא יהיו רגילין בה. וכן אם הזיקו שאר נזקין. וכן מכין את העבדים שגנבו או שהזיק מכה רבה כדי שלא יהיו רגילין להזיק:
11
When the stolen article increased in value while it was in the thief's possession - e.g., a sheep bore a lamb and it was shorn - the thief must restore the sheep, its shearings and its offspring.
If the owner already despaired of the sheep's return, and it gave birth or was shorn, the thief must pay only the value at the time of the theft. If the thief invested in the stolen property, causing its value to increase - e.g., he force fed livestock - the thief is entitled to the increase in value even when the owner does not despair of the article's return. When the thief restores the stolen article and the double payment, he should be repaid for the increase in value by the owner, or that amount should be deducted from the double payment.
יא
היתה הגניבה ביד הגנב
12
When the stolen article remains unchanged in the possession of the thief, it should be returned to its owner regardless of whether or not he despaired of its return. If, however, it increased in value after the owner despaired of its return, the thief is entitled to that increase, as we have explained above.
If, however, the stolen article underwent a fundamental change while in the thief's possession, the thief acquires it and any increase in its value, even before the owner despairs of the article's return. All that is required of him is to return the value of the stolen article at the time of the theft.
יב
הגניבה עצמה שהיא ביד הגנב ולא נשתנית חוזרת לבעליה בין לפני יאוש בין לאחר [א] יאוש אלא שאחר יאוש השבח לגנב כמו שבארנו. נשתנית הגניבה ביד הגנב קנאה וקנה שבחה אפילו לפני יאוש ואינו משלם אלא דמים:
13
If he stole a gaunt animal and he fattened it, or he stole a fat animal and he caused its weight to be reduced, he is liable to pay twice - or four or five times - the value of the animal at the time of the theft.
If he stole a kid and it grew into a ram, or a calf and it grew into an ox, he is liable to pay twice the value of the animal at the time of the theft. If he slaughtered it or sold it after it matured, it is considered to have undergone a change while in the thief's possession, and he acquires it. Thus, he is slaughtering or selling his own animal; he is not required to pay four or five times its worth.
יג
גנב כחושה והשמינה או שמינה והכחישה משלם תשלומי כפל או תשלומי ארבעה וחמשה [ב] כשעת הגניבה. גנב טלה ונעשה איל עגל ונעשה שור משלם תשלומי כפל כשעת הגניבה. טבחו או מכרו אחר שהגדיל נעשה שינוי בידו וקנהו ושלו הוא טובח ושלו הוא מוכר ואינו משלם תשלומי ארבעה וחמשה:
14
When a person steals an animal, a utensil or the like that was worth four zuz at the time of the theft, but at the time the case is brought to court, it depreciated and is worth only two, the thief must pay the worth of the principal at the time of the theft, and pay the double - or quadruple or quintuple - amount as evaluated at the time the case is brought to court.
The following rules apply if an animal or a utensil was worth two zuz at the time of the theft, but at the time the case is brought to court, it appreciated and is worth four. If the person slaughtered or sold the animal or destroyed or lost the utensil, he must pay double - or four or five times - the worth of the stolen article at the time the case is brought to court.
If the animal died or the utensil was lost as a matter of course, he must pay double the worth of the stolen article at the time of the theft.
יד
גנב בהמה או כלי וכיוצא בהן ובשעת הגניבה היה שוה ארבעה ועכשיו בשעת העמדה בדין שוה שנים משלם קרן [ג] כשעת הגניבה ותשלומי כפל או ארבעה וחמשה כשעת העמדה בדין. היה שוה בשעת הגניבה שנים [ד] ובשעת העמדה בדין ארבעה אם שחט או מכר או שבר הכלי או אבדו משלם תשלומי כפל או ארבעה וחמשה כשעת העמדה בדין. ואם מתה הבהמה או אבד הכלי מאליו משלם תשלומי כפל כשעת הגניבה:
15
When a person steals a utensil and destroys it or causes it to decrease in value - or it is destroyed or it decreases in value as a matter of course - the amount of the decrease is not evaluated. Instead, we evaluate the original worth of this utensil, and the thief is obligated to pay the owner twice this amount. The broken utensil becomes the property of the thief. The same laws apply in all similar instances.
If the owner desires to take the broken utensil and be compensated for the damage done to it and receive the double payment, his wishes are respected.
טו
16
When a thief slaughters or sells a sheep or an ox before the owner despairs of its return, he is required to pay four or five times its amount, despite the fact that the sale is nullified and the purchaser does not acquire the article, but instead must return it intact to its original owner.
Needless to say, the above applies if he slaughters or sells the animal after the owner despairs of its return. For his deed is effective, and the purchaser is considered to have acquired the article.
טז
הגנב שגנב וטבח או מכר לפני יאוש בעלים אע"פ שלא קנה לוקח והרי הגניבה חוזרת בעצמה מיד הלוקח הרי זה משלם תשלומי ארבעה וחמשה. ואין צריך לומר אם טבח או מכר לאחר יאוש שהוא משלם תשלומי ארבעה וחמשה שהרי הועיל במעשיו וקנה הלוקח:
17
When a thief steals from another thief, he is not required to pay twice its amount. This applies even if the original owner despaired of the stolen article's return. If the second thief slaughters or sells a stolen animal, he is not required to pay the first thief four or five times its worth.
The rationale is that the law is that this animal must be returned to its owner; it was never acquired by the thief. Nor must the second thief pay twice, four or five times the amount to the original owner, because he did not steal the property from the original owner's domain.
יז
הגונב מגנב אחר אע"פ שנתייאשו הבעלים אינו משלם תשלומי כפל ואם טבח ומכר אינו משלם תשלומי ארבעה וחמשה לגנב הראשון שהרי דין הבהמה הזאת לחזור בעיניה לבעלים ולא קנאה הגנב ולבעלים אינו משלם הכפל או ארבעה וחמשה מפני שלא גנבה מרשותן:
18
When a thief steals an animal and slaughters it, and then another person steals the meat, the second thief must make double restitution to the first thief, for the first thief acquired the animal because of the change his deed brought about. The first thief must, however, pay four or five times the animal's worth.
The following rules apply when a thief stole an animal and sold it, and another person stole it from the purchaser. If the original owner despaired of the animal's return, the first thief must pay four or five times the animal's worth, and the second thief must pay double its worth. If the original owner did not despair of the animal's return, the second thief is required to restore only the principal.
יח
גנב וטבח ובא גנב אחר וגנב. הגנב האחרון משלם תשלומי כפל לגנב הראשון שהרי קנה בשינוי מעשה וגנב הראשון משלם תשלומי ארבעה וחמשה. גנב ומכר ובא אחר וגנב מן הלוקח. אם נתייאשו הבעלים הרי הראשון משלם תשלומי ארבעה וחמשה והגנב השני משלם תשלומי כפל ואם לא נתייאשו הבעלים אין האחרון משלם אלא קרן בלבד:
• Kiddush HaChodesh - Chapter Three
1
When witnesses see the new [moon], and there is a journey of the night and a day or less between them and the place where the court holds sessions,1 they should undertake the journey and testify. If the distance between them is greater, they should not undertake the journey. For the testimony [that they will deliver] after the thirtieth day will be of no consequence,2 since the month will already have been made full.
א
עדים שראו את החדש אם היה ביניהם ובין מקום שיש בו בית דין מהלך לילה ויום או פחות הולכין ומעידין. ואם היה ביניהן יתר על כן לא ילכו שאין עדותן אחר יום שלשים מועלת שכבר נתעבר החדש:
2
The witnesses who see the new [moon] should journey to the court to testify even on the Sabbath, as [implied by Leviticus 23:2]: "[These are the festivals] you should proclaim in their season." Whenever [the Torah] uses the word "season," the Sabbath [prohibitions]3 may be overridden.
Therefore, [the Sabbath prohibitions] may be violated only for the sake of Rosh Chodesh Nisan and Rosh Chodesh Tishrei,4 to commemorate the festivals in their proper season. In the era of the Temple, [the Sabbath prohibitions] were violated for the sake of every Rosh Chodesh, because of the musaf offering sacrificed on Rosh Chodesh,5 since its [sacrifice] supersedes the Sabbath prohibitions.6
ב
עדים שראו את החדש הרי אלו הולכין לבית דין להעיד ואפילו היה שבת שנאמר אשר תקראו אותם במועדם וכל מקום שנאמר מועד דוחה את השבת. לפיכך אין מחללין אלא על ראש חדש ניסן ועל ראש חדש תשרי בלבד מפני תקנת המועדות. ובזמן שבית המקדש קיים מחללין על כולן מפני קרבן מוסף שבכל ראש חדש וחדש שהוא דוחה את השבת:
3
Just as the witnesses who see the new [moon] should violate the Sabbath [to testify], so too, the witnesses who substantiate their credibility7 should violate [the Sabbath to accompany] them, if the court is not familiar with the witnesses.
ג
כשם שמחללין העדים שראו את החדש את השבת כך מחללין עמהן העדים שמזכין אותן בבית דין אם לא היו בית דין מכירין את הרואין. ואפילו היה זה שמודיע אותן לבית דין עד אחד הרי זה הולך עמהן ומחלל מספק שמא ימצא אחר ויצטרף עמו:
4
When a witness who sighted the moon on Friday night is sick, he may be mounted on a donkey [and transported to the High Court].10 [Indeed,] even [if he is bedridden,] his bed [may be transported].11
If an ambush awaits them on the way,12 the witnesses may carry weapons. If the distance [to the court] is long, they may carry food.
Even if the moon was sighted [with a] large [crescent], and [one is certain that] it was also sighted by many others as well, he should not say, "Just as we saw [the moon], so did others, and there is no necessity for us to violate the Sabbath laws."13 Instead, every person who saw the new moon, who is fit to serve as a witness, and who is within a distance of the night and a day14 or less is commanded to violate the Sabbath laws and go and testify.15
ד
היה העד שראה את החדש בליל השבת חולה מרכיבין אותו על החמור ואפילו במטה. ואם יש להן אורב בדרך לוקחין העדים בידן כלי זיין. ואם היה דרך רחוקה לוקחים בידם מזונות. ואפילו ראהו גדול ונראה לכל לא יאמרו כשם שראינוהו אנחנו ראוהו אחרים ואין אנו צריכין לחלל את השבת אלא כל מי שיראה החדש ויהיה ראוי להעיד ויהיה בינו ובין המקום שקבוע בו בית דין לילה ויום או פחות מצוה עליו לחלל את השבת ולילך ולהעיד:
5
Originally, [the High Court] would accept testimony regarding the new moon throughout the entire thirtieth day. Once the witnesses were delayed and did not come until the evening. This created confusion in the Temple, and [the priests] did not know what to do:16 If they would offer the afternoon sacrifice, [a difficulty would result] if witnesses [in fact] came, for it is impossible to sacrifice the musaf offering [of Rosh Chodesh] after the daily afternoon sacrifice.17
At that time, [the High] Court instituted the [following] edict: Testimony regarding the new moon would be accepted only until the time of minchah,18 so that there would be enough time in the daylight hours to offer the musaf sacrifices, the daily afternoon offering, and the wine libations [that accompany these sacrifices].
ה
בראשונה היו מקבלין עדות החדש בכל יום שלשים. פעם אחת נשתהו העדים מלבוא עד בין הערבים ונתקלקלו במקדש ולא ידעו מה יעשו אם יעשו עולה של בין הערבים שמא יבאו העדים ואי אפשר שיקריבו מוסף היום אחר תמיד של בין הערבים. עמדו בית דין והתקינו שלא יהיו מקבלים עדות החדש אלא עד המנחה כדי שיהא שהות ביום להקריב מוספין ותמיד של בין הערבים ונסכיהם:
6
If the time of minchah arrives without witnesses having come, the daily afternoon offering should be sacrificed. If witnesses come after the time of minchah,19 this day should be observed as a holiday,20 and the following day should be observed as a holiday. The musaf offering, however, should be offered on the following day, because the new moon should not be sanctified after the time of minchah.
After the Temple was destroyed,21 Rabbi Yochanan ben Zakkai and his court22 instituted a decree [requiring the High Court] to accept testimony regarding the new moon throughout the entire day. Even if witnesses come at the end of the thirtieth day before sunset,23their testimony should be accepted and the thirtieth day alone should be considered a holiday.
ו
ואם הגיע מנחה ולא באו עדים עושין תמיד של בית הערבים. ואם באו עדים מן המנחה ולמעלה נוהגין אותו היום קדש ולמחר קדש ומקריבין מוסף למחר לפי שלא היו מקדשין אותו אחר מנחה. משחרב בין המקדש התקין רבן יוחנן בן זכאי ובית דינו שיהיו מקבלין עדות החדש כל היום כולו ואפילו באו עדים יום שלשים בסוף היום סמוך לשקיעת החמה מקבלין עדותן ומקדשין יום שלשים בלבד:
7
When the court would make a month full because the witnesses did not appear on the thirtieth day at all, they would ascend to a previously designated place and hold a feast on the thirty-first day, which would be Rosh Chodesh.24
They would not ascend there during the [thirty-first] night, b ut rather at daybreak, before the sun rose.25 No fewer than ten men would ascend [to participate] in this meal. They would not hold this meal without bread made from grain and legumes, of which they would partake during the meal. This is the intent of all the sources that refer to the feast associated with the mitzvah of the full month.
ז
כשמעברין בית דין את החדש מפני שלא באו עדים כל יום שלשים היו עולין למקום מוכן ועושין בו סעודה ביום אחד ושלשים שהוא ראש חדש. ואין עולין לשם בלילה אלא בנשף קודם עלות השמש ואין עולין לסעודה זו פחות מעשרה. ואין עולין לה אלא בפת דגן וקטנית ואוכלין בעת הסעודה. וזו היא סעודת מצוה של עיבור החדש האמורה בכל מקום:
8
Originally, when the court would sanctify the new moon, they would light bonfires26 on the mountaintops to notify the people in distant places.27 When the Samaritans began conducting themselves in a debased manner and would light bonfires [at the wrong times] to confuse the people,28 [the Sages] instituted the practice of having messengers journey to notify the people.29
These messengers may not violate [the sanctity of] the holidays, nor of Yom Kippur [by traveling on these days]. Needless to say, they may not violate [the sanctity of] the Sabbath. For one may not violate the Sabbath to uphold [the sanctification of] the new month, only to [actually] sanctify it.
ח
בראשונה כשהיו בית דין מקדשין את החדש היו משיאין משואות בראשי ההרים כדי שידעו הרחוקים. משקלקלו הכותים שהיו משיאין משואות כדי להטעות את העם התקינו שיהו שלוחים יוצאין ומודיעין לרבים. ושלוחים אלו אינן מחללין לא את יום טוב ולא את יום הכפורים ואין צריך לומר שבת שאין מחללין את השבת לקיימו אלא לקדשו בלבד:
9
Messengers are sent out [to inform the people] for six months: For Nisan, because of Pesach. For Av, because of the fast [of Tish'ah B'Av].30 For Elul, because of Rosh HaShanah - i.e., so they could wait in readiness on the thirtieth day of Elul.31 If it became known to them that the High Court had sanctified the thirtieth day, they would observe only that day as a holiday. If it did not become known to them,32 they would observe both the thirtieth and the thirty-first days [as Rosh HaShanah] until the messengers of Tishrei arrived.
ט
על ששה חדשים היו שלוחים יוצאין. על ניסן מפני הפסח. ועל אב מפני התענית. ועל אלול מפני ראש השנה. כדי שישבו מצפין ביום שלשים לאלול אם נודע להם שקדשו בית דין יום שלשים נוהגים אותו היום קדש בלבד. ואם לא נודע להם נוהגים יום שלשים קדש ויום אחד ושלשים קדש עד שיבואו להם שלוחי תשרי. ועל תשרי מפני תקנת המועדות. ועל כסליו מפני חנוכה. ועל אדר מפני הפורים. ובזמן שבית המקדש קיים יוצאין אף על אייר מפני פסח קטן:
10
[Even when the moon was clearly sighted on the previous night,] the messengers for the months of Nisan and Tishrei would not depart35 until the sun rose and they heard the court pronounce, "It has been sanctified."36 If, however, the court sanctified the moon at the conclusion of the twenty-ninth day, [which is possible,] as we have explained,37 and the messengers heard the court pronounce it sanctified, they might depart that evening.
The messengers for the other months, by contrast, may depart in the evening after the moon has been sighted. Although the court has not sanctified the new month, since the new moon has been sighted, they may depart, for the court will surely sanctify the new month on the following day.
י
שלוחי ניסן ושלוחי תשרי אין יוצאין אלא ביום ראש חדש אחר שתעלה השמש עד שישמעו מפי בית דין מקודש. ואם קדשו בית דין בסוף יום תשעה ועשרים כמו שאמרנו ושמעו מפי בית דין מקודש יוצאין מבערב. ושלוחי שאר הששה חדשים יש להם לצאת מבערב אחר שנראה הירח אף על פי שעדיין לא קדשו בית דין את החדש הואיל ונראה החדש יצאו שהרי למחר בודאי מקדשין אותו בית דין:
11
Wherever these messengers would arrive [before the celebration of the festivals], the holidays would be observed for [only] one day, as prescribed by the Torah. In the distant places, which the messengers would not reach [before the celebration of the festivals],38 the holidays would be observed for two days because of the doubt [involved]. For they would not know the day on which the High Court established the new month.39
יא
כל מקום שהיו השלוחין מגיעין היו עושין את המועדות יום טוב אחד ככתוב בתורה. ובמקומות הרחוקים שאין השלוחים מגיעין אליהם היו עושין שני ימים מפני הספק לפי שאינם יודעים יום שקבעו בו בית דין את החדש אי זה יום הוא:
12
There are places where the messengers [sent out for] Nisan would arrive [in time for the celebration of Pesach], but the messengers [sent out for] Tishrei would not arrive [in time for the celebration of Sukkot].40 According to [the letter of] the law, it would have been appropriate for them to observe Pesach for one day, since the messengers reached them and informed them when Rosh Chodesh had been established, and for them to observe Sukkot for two days, since the messengers had not reached them. Nevertheless, so that there would be no difference between the festivals, the Sages instituted the ruling that two days were celebrated [for all holidays] in all places that were not reached by the messengers for Tishrei. [This includes] even the festival of Shavuot.41
יב
יש מקומות שהיו מגיעין אליהם שלוחי ניסן ולא היו מגיעין להן שלוחי תשרי. ומן הדין היה שיעשו פסח יום אחד שהרי הגיעו להן שלוחין וידעו באי זה יום נקבע ראש חדש. ויעשו יום טוב של חג הסוכות שני ימים שהרי לא הגיעו אליהן השלוחין. וכדי שלא לחלוק במועדות התקינו חכמים שכל מקום שאין שלוחי תשרי מגיעין שם עושין שני ימים אפילו יום טוב של עצרת:
13
[How many more] days do the messengers for Nisan journey than the messengers for Tishrei? Two. For the messengers for Tishrei do not travel on the first of Tishrei, because it is a holiday, nor on the tenth, because it is Yom Kippur.42
יג
וכמה בין שלוחי ניסן לשלוחי תשרי שני ימים. ששלוחי תשרי אינן מהלכין באחד בתשרי מפני שהוא יום טוב ולא בעשירי בו מפני שהוא יום כפור:
14
There is no need for there to be two messengers. Even a single individual's [statements] are believed. Moreover, this does not apply to messengers alone. Even when a [traveling] merchant of no particular distinction passes through on his journey, and says: "I heard from the court43 that it sanctified the new month on such and such a date," his statements are believed, and the [celebration of] the festivals is arranged accordingly.
יד
אין השלוחין צריכין להיותן שנים אלא אפילו אחד נאמן. ולא שליח בלבד אלא אפילו תגר משאר העם שבא כדרכו ואמר אני שמעתי מפי בית דין שקדשו את החדש ביום פלוני נאמן ומתקנין את המועדות על פיו. שדבר זה דבר העשוי להגלות ועד אחד כשר נאמן עליו:
15
[The following rules apply when] the court held session throughout the entire thirtieth day, but witnesses did not arrive, [the judges] arose early in the morning and made the month full, as we stated previously in this chapter,46 and after four or five days witnesses came from distant places and testified that they had sighted the moon at the appropriate time, the thirtieth night. [Indeed, the same principles apply if the witnesses2 come at the end of the month.
We unnerve them in a very intimidating matter, and we seek to disorient them with queries. We cross-examine them very thoroughly and are extremely precise regarding their testimony. [For] the court endeavors not to sanctify this month, since it has already been declared full.47
טו
בית דין שישבו כל יום שלשים ולא באו עדים והשכימו בנשף ועברו את החדש כמו שבארנו בפרק זה. ואחר ארבעה או חמשה ימים באו עדים רחוקים והעידו שראו את החדש בזמנו שהוא ליל שלשים. ואפילו באו בסוף החדש. מאיימין עליהן איום גדול ומטריפים אותם בשאלות ומטריחין עליהן בבדיקות ומדקדקין בעדות ומשתדלין בית דין שלא יקדשו חדש זה הואיל ויצא שמו מעובר:
16
If the witnesses remain steadfast in their testimony, if it is compatible [according to the calculations of the court], if the witnesses are men whose character is well known, they are men of understanding, and if their testimony was scrutinized in a proper way - the moon is sanctified [retroactively]. We recalculate the dates of the month beginning from the thirtieth day [after the previous Rosh Chodesh], since the moon was sighted [on the appropriate] night.
טז
ואם עמדו העדים בעדותן ונמצאת מכוונת והרי העדים אנשים ידועים ונבונים ונחקרה העדות כראוי. מקדשין אותו וחוזרין ומונין לאותו החדש מיום שלשים הואיל ונראה הירח בלילו:
17
If it was necessary for the court to leave the month full, as it was before the witnesses came, it is left as it is. This is what is meant by the statement,48 "The month is made full out of necessity49." Some great Sages differ concerning this matter and maintain that the month is never made full out of necessity. Rather, if the witnesses come, the month is sanctified and they are not intimidated at all50.
יז
ואם הוצרכו בית דין להניח חדש זה מעובר כשהיה קודם שיבאו העדים אלו מניחין. וזה הוא שאמרו מעברין את החדש לצורך. ויש מן החכמים הגדולים מי שחולק בדבר זה ואומר לעולם אין מעברין את החדש לצורך. הואיל ובאו עדים מקדשין ואין מאיימין עליהן:
18
It appears to me51 that there is a difference of opinion among the Sages regarding this matter only in [the following circumstances]:
a) The other months besides Nisan and Tishrei, or
b) When witnesses come in Nisan and Tishrei after the holidays have passed, [all the festive practices] have already been observed, and the time to offer the sacrifices and observe the festivals has passed.
When, however, the witnesses come in Tishrei and in Nisan before the middle of the month,52 their testimony is accepted, and no attempt is made to intimidate them at all. For we do not attempt to i ntimidate witnesses who testify that they sighted at the appropriate time so that the month will be full.
יח
יראה לי שאין מחלוקת החכמים בדבר זה אלא בשאר החדשים חוץ מן ניסן ותשרי. או בעדי ניסן ותשרי שבאו אחר שעברו הרגלים. שכבר נעשה מה שנעשה ועבר זמן הקרבנות וזמן המועדות. אבל אם באו העדים בניסן ותשרי קודם חצי החדש מקבלין עדותן ואין מאיימין עליהן כלל. שאין מאיימין על עדים שהעידו על החדש שראוהו בזמנו כדי לעברו:
19
We do, however, intimidate witnesses whose testimony has been disputed, and it appears that their testimony will not be upheld, a nd the month will be made full. We pressure them so that their testimony will be upheld and the month will be sanctified in its proper time. Similarly, when, before the new month has been sanctified, witnesses come to nullify53 the testimony of the witnesses who saw the moon at its appropriate time, [the court] intimidates the witnesses who want to nullify the original testimony, so that the challenge will not be accepted and the new month will be sanctified at its appropriate time.54
יט
אבל מאיימין על עדים שנתקלקלה עדותן והרי הדבר נוטה וגנאי שלא תתקיים העדות ויתעבר החדש. מאיימין עליהן כדי שתתקיים העדות ויתקיים החדש בזמנו. וכן אם באו עדים להזים את העדים שראוהו בזמנו קודם שקדשוהו בית דין הרי אלו מאיימין על המזימין עד שלא תתקיים ההזמה ויתקדש החדש בזמנו
FOOTNOTES
1.
The Rambam does not say "a one-day distance from Jerusalem," because after the destruction of the Temple, the High Court would sanctify the new month in other places. (See Rosh HaShanah 22b.)
2.
Note the apparent contradiction in Halachah 15. In the light of that halachah, it would appear that the Rambam's intent is that since the court endeavors to nullify such testimony, it is undesirable for the witnesses to come and offer it (Lechem Mishneh).
3.
The Rambam is referring to the prohibitions associated with going beyond the Sabbath limits and the performance of any forbidden labors necessary for their journey - e.g., carrying food or weapons.
4.
Significantly, the month of Sivan is not mentioned, although the holiday of Shavuot is celebrated then. The celebration of Shavuot depends, not on a particular day of the month, but on the conclusion of the counting of the Omer. Thus when Rosh Chodesh was determined by the testimony of witnesses, Shavuot could be celebrated on the fifth, sixth, or seventh of Sivan (Rosh HaShanah 6b).
5.
See Hilchot Temidim UMusafim 7:1,4, Hilchot Korban Pesach 1:18.
6.
The sacrifice of any offerings associated with a fixed time supersedes the Sabbath prohibitions.
7.
I.e., the character witnesses mentioned in Chapter 2, Halachah 3.
8.
This law is based on an actual historical account. Rabbi Nehorai traveled to Usha together with witnesses to substantiate their credibility, in the hope of finding another person there to testify together with him (Rosh HaShanah 22b).
9.
The Perush questions why the Sabbath laws are broken when there is only a possibility of performing a mitzvah, citing a similar situation - a baby born after sunset on Friday. He should not be circumcised on the following Sabbath, because there is a doubt whether circumcision should be performed on Friday or on the Sabbath (Hilchot Milah 1:12).
The subsequent commentaries offer several resolutions to this difficulty. Among them:
a) Circumcision can be performed at a later date, while the sanctification of the new moon cannot be postponed (Lechem Mishneh);
b) Traveling to Jerusalem to testify always involves violating the Sabbath laws with only a possibility of performing the mitzvah, for it is possible that the court will reject the witnesses' testimony (Rav David Arameah).
10.
Leading a healthy person on a donkey is not considered to be transporting him in violation of the Sabbath labors, because "a living being carries himself." If, however, the person is sick, this principle does not apply, and he is considered a burden, so that transporting him on a donkey involves a prohibition (Hilchot Shabbat 18:16, 20:1-2). Nevertheless, this prohibition is waived in the endeavor to sanctify the new moon.
11.
Rav David Arameah interprets this to mean that men are allowed to carry him to the court on his bed.
12.
Rashi, Rosh HaShanah 22a, relates that the Sadducees would lie in ambush for the witnesses, with the intent of delaying their appearance in court until after the thirtieth day had passed.
13.
In his Commentary on the Mishnah (Rosh HaShanah 1:5), the Rambam explains that although the moon might be seen very clearly in one place, in other locales it might have appeared low on the horizon, or covered by clouds. Therefore, it is desirable for all potential witnesses to journey to Jerusalem to make sure that the new moon is sanctified in its proper time.
14.
I.e., there is sufficient time for the witness(es) to arrive at the High Court on the thirtieth day.
15.
In this vein, it is worthy to note a story related in Rosh HaShanah 1:6. Forty pairs of witnesses passed through Lod on their way to Jerusalem to testify regarding the sighting of the moon. Rabbi Akiva held them back, because he saw that their testimony would not stand up under cross-examination by the court. Rabban Gamliel rebuked him, explaining that this would prevent them from journeying to Jerusalem at a future date, when their testimony might be of consequence. (See the Rambam's Commentary on the Mishnah.)
16.
More specifically, Rosh HaShanah 30b states that the problem concerns the song to be sung by the Levites in connection with the sacrifice. Had there not been a difficulty with the song, the afternoon sacrifice could have been offered conditionally: If no witnesses come, the lamb would be considered the afternoon sacrifice; and if the witnesses do come, it would be considered part of the musaf offering (Rishon LeTzion).
Significantly, as reflected in the discussion in Rosh HaShanah (ibid.), the instance in question concerned the celebration of Rosh HaShanah, and not an ordinary Rosh Chodesh.
17.
For once the afternoon sacrifice is offered, no other offerings may be sacrificed (Pesachim 58b; Hilchot Temidim UMusafim 1:3).
18.
This refers to the time of the afternoon sacrifice, nine and a half seasonal hours (שעות זמניות) after sunrise (The Rambam's Commentary on the Mishnah, Rosh HaShanah 4:4, Hilchot Temidim UMusafim 1:3).
19.
The Rambam is referring to Rosh HaShanah.
20.
Indeed, the people would observe the day as a holiday from nightfall on the previous day, lest witnesses come and the new moon be sanctified (Rashi, Rosh HaShanah 30b). See Halachah 9, and Chapter 5, Halachah 8.
21.
And there were no longer any difficulties concerning the sacrifices.
22.
Rabban Yochanan ben Zakkai lived at the time of the Temple's destruction, and this decree was instituted shortly after that event.
23.
The Lechem Mishneh and others have raised questions about the Rambam's choice of wording, based on his previous statements in Chapter 2, Halachah 9. Merkevet HaMishneh offers a simple resolution of this difficulty. Here we are speaking of the acceptance of the witnesses' testimony, and it is necessary to take time to cross-examine them. This process cannot be completed in the meager amount of time between sunset and the appearance of the stars.
24.
The purpose of holding this feast would be to publicize that the month had become full.
25.
Sanhedrin 70a relates that the participants in this meal would ascend in a time that is neither day nor night. Thus, the Rambam interprets this as referring to the time between the appearance of the first rays of the sun and sunrise itself. Rashi and others maintain that the participants would ascend in the evening, between sunset and the appearance of the stars.
26.
The fires would be lit in the evening of the thirty-first night.
27.
There are mountains surrounding Jerusalem on all sides. The bonfires on these mountains could be seen by people on further mountains, until in a short amount of time people throughout Eretz Yisrael could be notified that the new moon had been sanctified.
28.
The Samaritans lived between Jerusalem and the Galilee. At one point, they desired to disrupt the calculation of the calendar and would light bonfires on the evening before the thirty-first day, regardless of whether or not the moon was sighted. The people in the Galilee would think that the chain of bonfires had begun in Jerusalem (Rosh HaShanah 22b).
29.
The Jerusalem Talmud (Rosh HaShanah 2:1) states that Rabbi Yehudah HaNasi was the one who nullified the bonfires, and substituted messengers instead. This, however, is somewhat difficult to accept because, as the Rambam mentions in Halachah 9, there were times when the messengers were sent out while the Temple was standing. Perhaps the intent is that until the time of Rabbi Yehudah HaNasi there were times when both messengers were sent out and bonfires were lit. From his time onward, the bonfires were no longer used.
30.
Rosh HaShanah 18b relates that in that era, fasting on the other commemorative fasts - the tenth of Tevet and the seventeenth of Tammuz - was not mandatory. Therefore, it was not necessary to send out messengers for these months.
31.
The Rambam maintains that the people would observe Rosh HaShanah for two days, because of the doubt. Thus, if the people did not know when the month of Elul began, they would have to observe three days (Lechem Mishneh).
32.
This is speaking about the villages in the immediate vicinity of Jerusalem.
33.
The commentaries note that Rosh HaShanah 19b also mentions the possibility of the messengers' being sent out in the second month of Adar if a leap year is declared. This, however, is an infrequent event, because generally, the decision to make the year a leap year was not made at the last moment (Aruch HaShulchan).
34.
Pesach Sheni, when all those who had not offered a sacrifice on the first Pesach were given a further opportunity to bring this offering.
Messengers were not sent out for the month of Sivan, because the celebration of Shavuot is not dependent on the date of the month, but on the Counting of the Omer (Perush).
35.
The messengers for the month of Tishrei could travel only 2000 cubits beyond Jerusalem (or 4000 cubits, if they made an eruv t'chumim) on Rosh HaShanah, because of the sanctity of that day (Perush).
36.
Since the holidays observed in these months were prescribed by the Torah itself, this further stringency was required (ibid.).
37.
See Chapter 2, Halachah 9.
38.
The observance of an additional day of the holidays is described in greater detail in Chapter 5.
39.
Thus, if the thirtieth day following Rosh Chodesh Adar fell on the Sabbath, they would not know whether Pesach (the fifteenth day of the following month) would be celebrated on the Sabbath or on Sunday.
40.
For, as explained in the following halachah, the messengers sent out for Tishrei would not travel on Rosh HaShanah or on Yom Kippur.
In the brackets, we mention the holiday of Sukkot, but not Yom Kippur. For Yom Kippur was never observed by a community at large for two days. Rosh HaShanah 21a relates that Rabbah would fast for two days, but this was a stringency that he accepted on himself as an individual. The people in the diaspora would fast ten days after the thirtieth day following Rosh Chodesh Elul, for the court always endeavored to make Elul a month of 29 days. (See Or Sameach.)
41.
As mentioned several times, Shavuot is unique, because its observance is dependent, not on a date in the month of Sivan, but on the Counting of the Omer, which begins after Pesach. Thus, even Jews living in the outer reaches of the diaspora were able to know when Shavuot was to be observed.
42.
There is also the possibility of additional days, if there are more Sabbaths in Tishrei than in Nisan.
43.
From the Rambam's wording, it would appear that it is necessary that the merchant receive his information from the High Court directly; hearing from others is not sufficient.
44.
Rosh HaShanah 22b states that people will not lie about a matter when it is certain that eventually the truth will be revealed.
45.
The commentaries compare the Rambam's statements here with those at the conclusion of Hilchot Gerushin. In the latter source, he employs the same rationale - that the truth of the matter will eventually be revealed - to explain why leniency is shown concerning testimony given to determine that a woman's husband has died, which enables her to remarry. In that instance, however, even greater leniency is shown, and the court accepts the testimony of witnesses who are otherwise unacceptable. The commentaries explain that the greater leniency is granted in consideration of the agonizing situation of the widow.
46.
See Halachah 7.
47.
The Rambam's statements in this and the following four halachot are based on his interpretation of Rosh HaShanah 20a. Significantly, his understanding of that passage differs from that of Rashi.
48.
Rosh HaShanah, op. cit.
49.
Note another interpretation of the expression, "The month is made full out of necessity," in Chapter 18, Halachah 11.
50.
This opinion is also mentioned in the abovepassage.
51.
Generally, when the Rambam uses the expression "It appears to me" in the Mishneh Torah, he is introducing an original interpretation. In this instance, the resolution offered by the Rambam is also suggested by Abbaye in the above passage. Nevertheless, there is a certain justification for the use of the phrase, because there are other interpretations offered by the Talmud, and no conclusion is reached. Therefore, the Rambam's choice of the interpretation to follow was motivated by his own comprehension of the passage.
52.
When Pesach and Sukkot are celebrated. One might ask why consideration was not given to the observance of Yom Kippur on the tenth of Tishrei.
The Or Sameach offers the following resolution: Yom Kippur was observed for only one day in the outlying diaspora. The communities would assume that the moon had been sighted at its appropriate time, and they would observe Rosh HaShanah on the thirtieth day after Rosh Chodesh Elul, and Yom Kippur ten days afterwards. Thus, by accepting the witnesses' testimony, the court will have assured that a large portion of the Jewish people observed Yom Kippur on the proper date.
Although this explanation has its advantages, it does not address itself to the observance of Yom Kippur in Eretz Yisrael, or to the sacrifices that had to be offered on that sacred day in the Temple.
53.
The Hebrew term used, lehazim, means to nullify their testimony by stating that, at the time they claimed to have seen the moon, they were in a different place from the place where they claimed to have sighted it.
54.
It would appear that, in both of the instances mentioned in this halachah, this law applies only when, according to the court's calculations, the moon should have been sighted on the thirtieth night.
Kiddush HaChodesh - Chapter Four
1
A leap year is a year that includes an additional month.1The extra month that is added is always Adar,2 and thus the year contains two Adarin: the first Adar and the second Adar.3
Why is this month added? Because of the season of spring, so that Pesach will fall then, as [implied by Deuteronomy 16:1]: "Take heed the month of spring"4 [This command can be interpreted to mean, "Take heed] that this month falls in the spring season. Were the month [of Adar] not to be added [from time to time], there are times when Pesach would fall in the summer, and times [when it would fall] in the rainy season.
א
שנה מעוברת היא שנה שמוסיפין בה חדש. ואין מוסיפין לעולם אלא אדר ועושין אותה שנה שני אדרין אדר ראשון ואדר שני. ומפני מה מוסיפין חדש זה מפני זמן האביב כדי שיהא הפסח באותו זמן שנאמר שמור את חדש האביב שיהיה חדש זה בזמן האביב. ולולא הוספת החדש הזה הפסח בא פעמים בימות החמה ופעמים בימות הגשמים:
2
[An extra month is added,] making the year full, because of three factors: a) the vernal [spring] equinox;5 b) the ripening6[of the barley crop], and c) the blooming of the fruit trees.
What is implied? When the court calculates7 and determines that the vernal equinox will fall on the sixteenth of Nisan or later, the year is made full. The month that would have been Nisan is made the second Adar, and thus Pesach will fall in the spring. This factor [alone] is sufficient for the court to make the year full;8 other factors need not be considered.
ב
על שלשה סימנין מעברין את השנה. על התקופה ועל האביב ועל פירות האילן. כיצד בית דין מחשבין ויודעין אם תהיה תקופת ניסן בששה עשר בניסן או אחר זמן זה מעברין אותה השנה. ויעשו אותו ניסן אדר שני כדי שיהיה הפסח בזמן האביב. ועל סימן זה סומכין ומעברין ואין חוששין לסימן אחר:
3
Similarly, if the court sees that [the barley crop] has not ripened, but that it is late in sprouting, or that the fruit trees that usually bloom at the time of the Pesach holiday have not bloomed, these two factors are sufficient,9 and the year is made full, even though the vernal equinox will fall before the sixteenth of Nisan.10
[The reason the year is] made full [because of these factors] is so that there will be [an abundant quantity] of ripened [barley] accessible, so that the wave offering of the omer can be brought from it on the sixteenth of Nisan,11 and so that the fruits will bloom, as they always do in the spring.
ג
וכן אם ראו בית דין שעדיין לא הגיע האביב אלא עדיין אפל הוא. ולא צמחו פירות האילן שדרכן לצמוח בזמן הפסח. סומכין על שני סימנין אלו ומעברין את השנה. ואף על פי שהתקופה קודם לששה עשר בניסן הרי הן מעברין. כדי שיהיה האביב מצוי להקריב ממנו עומר התנופה בששה עשר בניסן. וכדי שיהיו הפירות צומחין כדרך כל זמן האביב:
4
There are three territories that are of consequence regarding the ripening [of the barley]: Judea, Transjordan, and the Galilee. If [the barley] ripened in two of these lands, but not in the third, the year is not made full.12 If, however, [the barley] ripened in one of these lands, but not in the other two, the year is made full if the fruit trees have not bloomed.
These are the primary grounds for making the year full, so that the years will follow the solar calendar.13
ד
ועל שלש ארצות היו סומכין באביב. על ארץ יהודה ועל עבר הירדן ועל הגליל. ואם הגיע האביב בשתי ארצות מאלו ובאחת לא הגיע אין מעברין. ואם הגיע באחת מהן ולא הגיע בשתים מעברין. אם עדיין לא צמחו פירות האילן. ואלו הן הדברים שהן העיקר שמעברין בשבילן כדי שיהיו השנים שני החמה:
5
There are other factors for which the court makes [the year full] in the case of necessity.14 Among them: that the roads are not suitable,15 and it is impossible for the people to make the pilgrimage. [In such an instance,] the year is made full, [to allow time for] the rains to stop and the roads to be fixed.
That the bridges have been destroyed and there are rivers interrupting [the roads], and preventing the people [from continuing their journey]. The year is made full, so that the bridges can be fixed, lest the people endanger themselves and die.
That the ovens for the Paschal sacrifice were destroyed by the rains,16 and thus there will be no place for [the people] to roast their Paschal offerings. We therefore make the year full, so that the ovens can be built and can dry [in the sun].
That Jews from the diaspora who have left their homes have not arrived in Jerusalem. We make the year full, so that they will have the time to reach [Jerusalem].17
ה
ויש שם דברים אחרים שהיו בית דין מעברין בשבילן מפני הצורך. ואלו הן. מפני הדרכים שאינן מתוקנין ואין העם יכולין לעלות מעברין את השנה עד שיפסקו הגשמים ויתקנו הדרכים. ומפני הגשרים שנהרסו ונמצאו הנהרות מפסיקין ומונעין את העם ומסתכנים בעצמן ומתים, מעברין את השנה עד שיתקנו הגשרים. ומפני תנורי פסחים שאבדו בגשמים ואין להם מקום לצלות את פסחיהם מעברין את השנה עד שיבנו התנורים וייבשו. ומפני גליות ישראל שנעקרו ממקומן ועדיין לא הגיעו לירושלים מעברין את השנה כדי שיהיה להם פנאי להגיע:
6
We do not, however, make the year full because of snow, nor because of a cold climate,18 nor because of Jews from the diaspora who have not yet left their homes.
[Similarly, the year is not made full] because of ritual impurity - e.g., when most of the people or most of the priests are impure.19 The year is not made full so that they will be able to purify themselves and offer [the Paschal sacrifice] in a state of ritual purity.20 Instead, they should offer [the sacrifice] while ritually impure. Nevertheless, if the year has been made full because of ritual impurity, it may be left full.
ו
אבל אין מעברין השנה לא מפני השלג ולא מפני הצנה ולא מפני גליות ישראל שעדיין לא נעקרו ממקומם. ולא מפני הטומאה. כגון שהיו רוב הקהל או רוב הכהנים טמאים אין מעברין את השנה כדי שיהיה להם פנאי לטהר ויעשו בטהרה אלא יעשו בטומאה. ואם עיברו את השנה מפני הטומאה הרי זו מעוברת:
7
There are factors that, in and of themselves, are never sufficient cause to make the year full. They are, however, mentioned as contributing factors when a year must be made full so that [Pesach will fall after] the vernal equinox, because of [the barley that has not] ripened, or the fruit trees.
These factors are: That young goats or lambs have not been born, or are merely few in number, or that young doves have not [matured to the point where they can] fly.
We do not make the year full so that the goats and the lambs will be available for the Paschal sacrifices, and the doves will be available for the pilgrimage sacrifice,21 or for those individuals22who are obligated to bring doves as a sacrifice. Nevertheless, these are mentioned as contributing factors [to make] the year [full].
ז
יש דברים שאין מעברין בשבילן כלל אבל עושין אותן סעד לשנה שצריכה עיבור מפני התקופה או מפני האביב ופירות האילן. ואלו הן. מפני הגדיים והטלאים שעדיין לא נולדו או שהן מעט. ומפני הגוזלות שלא פרחו. אין מעברין בשביל אלו כדי שיהיו הגדיים והטלאים מצויין לפסחים והגוזלות מצויין לראייה או למי שנתחייב בקרבן העוף. אבל עושין אותן סעד לשנה:
8
What does mentioning them as contributing factors [to make] the year [full] imply? The court says: "This year must be made full because the equinox falls late, or because [the barley] has not ripened and the fruit trees have not bloomed,23 and also because the young goats are small and the doves are frail"
ח
כיצד עושין אותן סעד לשנה. אומרין שנה זו צריכה עיבור מפני התקופה שמשכה או מפני האביב ופירות האילן שלא הגיעו ועוד שהגדיים קטנים והגוזלות רכים:
9
The year can be made full only by [judges] who were invited [to participate in the deliberations].24 What is implied? The head of the High Court25 tells [several] members of the court, "Be present at a particular place, where we will make calculations and decide whether or not it is necessary to make the year full" It is only those who were invited who [have the authority to] make [the year] full.
How many [judges participate in the deliberations whether] to declare a leap year? We begin with three judges from the High Court who have received semichah. Should two [of these judges] say, "There is no need to sit to decide whether or not [the year] should be made full" [their opinion is accepted]. [Although] one [judge] says that they should continue their deliberations, his statements are of no consequence.
If two [of these judges] say, "There is a need to sit [further] to decide whether or not it is necessary to make [the year] full" and the other [judge] says that they should not continue their deliberations, we add two of the judges who had been invited previously, and the discussion of the matter [is continued].
ט
אין מעברין את השנה אלא במזומנין לה. כיצד יאמר ראש בית דין הגדול לפלוני ופלוני מן הסנהדרין היו מזומנין למקום פלוני שנחשב ונראה ונדע אם שנה זו צריכה עיבור או אינה צריכה. ואותן שהוזמנו בלבד הן שמעברין אותה. ובכמה מעברין אותה מתחילין בשלשה דיינין מכלל סנהדרי גדולה ממי שסמכו אותן. אמרו שנים לא נשב ולא נראה אם צריכה עיבור אם לאו ואחד אמר נשב ונבדוק. בטל יחיד במיעוטו. אמרו שנים נשב ונראה ואחד אומר לא נשב. מוסיפין עוד שנים מן המזומנים ונושאים ונותנין בדבר:
10
Should two [judges] say that it is necessary to make [the year] full, and three say that there is no necessity, [the opinion of] the two is of no consequence. If three [judges] say that it is necessary to make [the year] full, and two say that there is no necessity, two more [judges] who were invited are added to the court, and the subject is debated.
These seven [judges should] arrive at a conclusion. If they all agree to make the year full, or not to make the year full, their decision is followed. If there is a difference of opinion among them, we follow the majority, whether to make the year full, or not to make the year full.
It is necessary that the head of the High Court - i.e., the one who presides over the seventy-one [judges of the Sanhedrin] - be one of these seven. If [the three original judges] conclude26 that it is necessary for the year to be made full, it should be made full, provided the nasi27 is among the three, or consents [to their ruling].
י
שנים אומרים צריכה עיבור ושלשה אומרין אינה צריכה. בטלו שנים במיעוטן. שלשה אומרין צריכה עיבור ושנים אומרין אינה צריכה עיבור. מוסיפין שנים מן המזומנין לה ונושאין ונותנין וגומרין בשבעה. אם גמרו כולם לעבר או שלא לעבר עושין כמו שגמרו. ואם נחלקו הולכים אחר הרוב בין לעבר בין שלא לעבר. וצריך שיהא ראש בית דין הגדול שהוא ראש ישיבה של אחד ושבעים מכלל השבעה. ואם גמרו בשלשה לעבר הרי זו מעוברת והוא שיהא הנשיא עמהן או שירצה. ובעיבור השנה מתחילין מן הצד. ולקידוש החדש מתחילין מן הגדול:
11
Neither a king30 nor a High Priest should be [included in the group entrusted with deciding] whether or not to institute a leap year. A king [should not be included, lest he be influenced] by consideration for his soldiers and his wars.31
A High Priest should not be included because of the cold - i.e., he may choose not to institute a leap year so that Tishrei will not fall in the winter, and he would [thereby not] have to immerse himself five times on Yom Kippur [in such weather].
יא
אין מושיבין לעיבור השנה לא מלך ולא כהן גדול. מלך למפני חיילותיו ומלחמותיו שמא דעתו נוטה בשבילן לעבר או שלא לעבר. וכהן גדול מפני הצנה שמא לא תהיה דעתו נוטה לעבר כדי שלא יבא תשרי בימי הקור והוא טובל ביום הכפורים חמש טבילות:
12
If the head of the High Court, the nasi, was on a distant journey, [the court] may institute a leap year only with the proviso that the nasi will consent. If the nasi comes and consents, the year is full. If he does not consent, it is not full.
A leap year may be instituted only in the territory of Judea, for the resting place of the Divine Presence32 is there, as [implied by Deuteronomy 12:5]: "And you shall seek out his dwelling" If a leap year is instituted in the Galilee, the year remains full.
A year should be made full only during the day.33 If it is made full during the night, it is not full.
יב
היה ראש בית דין הגדול והוא הנקרא נשיא בדרך רחוקה אין מעברין אותה אלא על תנאי אם ירצה הנשיא. בא ורצה הרי זו מעוברת לא רצה אינה מעוברת. ואין מעברין את השנה אלא בארץ יהודה שהשכינה בתוכה שנאמר לשכנו תדרשו. ואם עיברוה בגליל מעוברת. ואין מעברין אלא ביום. ואם עיברוה בלילה אינה מעוברת:
13
The court has the authority to calculate, institute, and decide which year(s) shall be full whenever it desires, even several years in advance.34 Nevertheless, a particular year is not declared a full year until after Rosh Hashanah, at which time a public statement [can be] made [to the effect that] the year has been made full.35
[A leap year is announced at such an early date] only in a pressing situation.36 If the situation is not pressing, the announcement that a leap year has been instituted is not made until the month of Adar. [At that time, the court announces,] "This year is a leap year, and the following month is not Nisan, but rather the second Adar" If a court announces before Rosh HaShanah, "The year to come will be a leap year" this announcement does not make the year a leap year.
יג
יש לבית דין לחשב ולקבוע ולידע אי זו שנה תהיה מעוברת בכל עת שירצה אפילו לכמה שנים. אבל אין אומרין שנה פלונית מעוברת אלא אחר ראש השנה הוא שאומר שנה זו מעוברת. ודבר זה מפני הדחק אבל שלא בשעת הדחק אין מודיעין שהיא מעוברת אלא באדר הוא שאומר שנה זו מעוברת וחדש הבא אינו ניסן אלא אדר שני. אמרו לפני ראש השנה שנה זו מעוברת אינה מעוברת באמירה זו:
14
If the thirtieth day of Adar arrived without the year having been declared a leap year, it should never be made a leap year.37For that date is fit to be Rosh Chodesh Nisan, and once Nisan begins without the year having been declared a leap year, [the court] no longer has that option. If, however, they declared a leap year on the thirtieth of Adar, their ruling is binding.
If witnesses came after the leap year had been declared and testified regarding [the sighting of] the moon, the court sanctifies the new month on the thirtieth day, and makes it the Rosh Chodesh of the second Adar.38 If they had sanctified the new month on the thirtieth day before they declared a leap year, they would not have been able to declare the leap year. For a leap year may not be declared in Nisan.
יד
הגיע יום שלשים באדר ולא עיברו עדיין השנה לא יעברו אותה כלל. שאותו היום ראוי להיות ראש חדש ניסן ומשיכנס ניסן ולא עיברו אינן יכולים לעבר. ואם עיברוה ביום שלשים של אדר הרי זו מעוברת. באו עדים אחר שעיברו והעידו על הירח הרי אלו מקדשין את החדש ביום שלשים ויהיה ראש חדש אדר שני. ואילו קידשוהו קודם שיעברו את השנה שוב לא היו מעברין שאין מעברין בניסן:
15
A leap year may not be declared in a year of famine39 when everyone is hurrying to the granaries to partake [of the new year's harvest] and derive vitality. [In such a situation,] it is impossible to prolong the time when the prohibition against eating from the new harvest [is in effect].40
We do not declare the Sabbatical year41 a leap year, because everyone is entitled to take the crops that grow on their own.42Therefore, grain will not be available to offer the omer [of barley] and the two loaves of bread [offered on Shavuot].43 It was customary to make the year preceding the Sabbatical year a leap year.44
טו
אין מעברין את השנה בשנת רעבון שהכל רצים לבית הגרנות לאכול ולחיות ואי אפשר להוסיף להן זמן לאסור החדש. ואין מעברין בשביעית שיד הכל שולטת על הספיחין ולא ימצאו לקרב העומר ושתי הלחם. ורגילין היו לעבר בערב שביעית:
16
It appears to me45 that our Sages' statement that a leap year should not be declared in a year of famine and in the Sabbatical year means that a leap year should not be declared because of the condition of the roads or the bridges, or because of factors of this nature. If, however, it is appropriate to declare a leap year because [Pesach will fall before] the vernal equinox, because [the barley has not] ripened, or because the fruit trees [have not bloomed], a leap year is declared always.46
טז
יראה לי שזה שאמרו חכמים אין מעברין בשנת רעבון ובשביעית. שלא יעברו בהם מפני צורך הדרכים והגשרים וכיוצא בהם. אבל אם היתה השנה ראויה להתעבר מפני התקופה או מפני האביב ופירות האילן מעברין לעולם בכל זמן:
17
When the court institutes a leap year, they write a letter to all [the people in] distant places, notifying them that a leap year has been instituted, and the reason for which it was instituted.
These letters were written in the name of the nasi.47 They would say, "Let it be known that I and my colleagues have agreed to add to this year this many days" - for it was possible for them to declare a month of twenty-nine days or a month of thirty days.
[The intent is that] the court had the option of notifying the people in the outlying areas that the month would [probably] be either full or lacking.48 [In fact, however,] the determination of whether the month is full or lacking is dependent on the sighting of the moon.
יז
כשמעברין בית דין את השנה כותבין אגרות לכל המקומות הרחוקים ומודיעים אותן שעיברוה ומפני מה עיברו. ועל לשון הנשיא נכתבו. ואומר להן יודע לכם שהסכמתי אני וחברי והוספנו על שנה זו כך וכך. רצו תשעה ועשרים יום רצו שלשים יום. שחדש העיבור הרשות לבית דין להוסיפו מלא או חסר לאנשים הרחוקים שמודיעין אותם. אבל הם לפי הראיה הם עושים אם מלא אם חסר
FOOTNOTES
1.
This month is added to juxtapose the lunar calendar upon which the months are based, with the solar calendar, which governs the years.
2.
The Mechilta (commenting on Exodus 12:2) states that just as when a month is made full the addition is made at the end of the month, so too, when a year is made full the addition is made at the end. (The year is considered as beginning in Nisan and ending in Adar.)
3.
Based on Hilchot Nedarim 10:6, it appears that the Rambam considers the first Adar to be the additional month of the leap year. The Tur and the Ramah (Orach Chayim 427:1) differ and consider the second Adar to be the additional month.
In practice, Purim is always celebrated in the second Adar (Hilchot Megillah 1:12). There is a difference of opinion with regard to whether to commemorate birthdays, yahrzeits, and the like that took place in Adar of an ordinary year in the first or the second Adar of a leap year. The accepted custom in the Ashkenazic community is to commemorate them in the first Adar of a leap year (Kitzur Shulchan Aruch 221:3).
4.
Based on this verse, Rav Sa'adiah Gaon considers the adjustment of the yearly calendar to be a separate mitzvah. The Rambam, by contrast, considers it one dimension of the mitzvah of establishing the calendar.
5.
In astronomical terms, the vernal equinox is defined as the entry of the sun into the constellation of Aries the ram (Chapter 9, Halachah 3).
6.
We have translated the Hebrew word אביב as "ripening," as in Exodus 9:31. Because the agricultural cycle was so much an integral part of the calendar, the word אביב also means "spring" in Hebrew.
7.
The calculations that the court would consider are outlined in Chapter 9.
8.
The Ra'avad (in his gloss on Halachah 16), the Ramah and others take issue with the Rambam on this point, maintaining that even when Pesach falls before the vernal equinox, another factor is necessary for a leap year to be declared.
9.
Both these factors are, however, necessary. Neither in their own right is sufficient.
10.
Based on Sanhedrin 13a,b, the Ramah (cited in the gloss of the Kessef Mishneh on Halachah 15) notes that our Sages required that the festival of Sukkot occur after the autumnal equinox. If the vernal equinox falls on the fifteenth of Nisan, it is possible that the autumnal equinox will not take place until the twenty-first of Tishrei, six days after Sukkot begins.
Several different perspectives are offered to resolve this point. Among them: The Or Sameach maintains that the Rambam's text originally contained a reference to the autumnal equinox, and it was omitted by the later printers. Aruch HaShulchan, by contrast, maintains that, according to the Rambam, the entire discussion in Sanhedrin is not accepted as halachah. We are not at all concerned with the autumnal equinox; all that is significant is that Pesach fall after the vernal equinox.
11.
See Leviticus 23:9-14; Hilchot Temidim UMusafim 7:3.
12.
The climates of these lands are different, and it is possible that the barley will have ripened in one land, but not in the others.
13.
As opposed to the factors mentioned in the following halachot.
14.
I.e., these factors are not associated with the juxtaposition of the lunar and solar calendars, but rather related to the celebration of the pilgrimage festival of Pesach in a complete manner.
15.
Because they were damaged by the rains.
16.
The ovens were earthenware, and could be damaged by substantial rains.
17.
The Jerusalem Talmud (Sanhedrin 1:2) states that an effort should be made to enable the entire Jewish people to celebrate the pilgrimage festivals in Jerusalem.
18.
Rashi, Sanhedrin 12a, writes that these factors will make the people's journey to Jerusalem uncomfortable, but will not prevent them from making the journey.
19.
In his commentary on the tractate of Sanhedrin (one of the few tractates of the Gemara on which the Rambam wrote a commentary), the Rambam quotes Rav Hai Gaon as explaining that this instance refers to a situation in which the people were impure because of contact with a human corpse, and no ashes from the red heifer remained to purify them. One might think that the year should be made full to enable the priests enough time to offer a new red heifer and prepare ashes. Therefore, our Sages feel it necessary to explain that this measure is not taken, and in this instance the Paschal sacrifice should be offered by a priest in a state of ritual impurity.
20.
On the one hand, an individual who is ritually impure may not offer the Paschal sacrifice at its appropriate time, but instead should offer it a month later, on Pesach Sheni. On the other hand, when the majority of the Jewish people, or the majority of the priests, are impure, the sacrifice should be offered in a state of ritual impurity. (See Hilchot Korban Pesach 7:1; Hilchot Bi'at HaMikdash 4:16.)
21.
Our Sages interpret Deuteronomy 16:16, "You shall not appear before God empty-handed," as obligating a person to bring an olah ("burnt") offering on the pilgrimage festivals. The Rambam maintains that doves could be brought for these offerings. (See Hilchot Chaggigah 1:1.) Other authorities differ, as explained in the commentaries on that halachah.
22.
E.g., a woman who gives birth (Leviticus 12:8), zavim (Leviticus 15:14), and zavot (Leviticus 15:29). It was customary for people living far from Jerusalem to delay offering the sacrifices they were obligated to bring until the pilgrimage festivals.
23.
By mentioning both factors (the barley and the fruit trees), the Rambam indicates that he does not follow the perspective suggested by Rashi (Sanhedrin 11a), which states that the lack of lambs or doves coupled with either a delay in the ripening of the barley or the blooming of the fruit trees is sufficient cause to make the year full.
24.
See Sanhedrin 11a, which relates that Rabban Gamliel once invited seven members of the Sanhedrin to participate in the deliberations regarding whether or not to make a year full. He requested that they meet him in the loft of the court early the following morning. When an additional member of the court came, Rabban Gamliel protested and taught the Sages this halachah.
25.
For a leap year can be declared only by the High Court, or by a court deputized by the High Court (Chapter 5, Halachah 1).
26.
When there are fewer than seven judges in the court, a leap year is instituted only when the decision to do so is unanimous. Only when the court is expanded to include seven judges is a majority ruling accepted as binding (Rabbenu Chananel, Sanhedrin 10b).
27.
I.e., the head of the court.
28.
Lest the lesser judges be intimidated after hearing the decision of the head of the court, and refrain from expressing their own opinion.
29.
For the matter is more of a formality; the head of the court merely pronounces the month as sanctified.
30.
Based on this ruling, Rabbi Akiva Eiger questions why King Chizkiyah was able to institute a leap year, as related in Pesachim 4:10.
31.
Rashi (Sanhedrin 18b) states that the king would pay his soldiers a yearly salary, and therefore, by instituting an extra month, he would gain.
The B'nei Binyamin explains that there is also a reason for a king to desire to refrain from instituting an extra month. Bridegrooms, those who have built new homes, and those who have planted vineyards are freed from army service for a year. If a leap year is instituted, they benefit. Therefore, if a sizable portion of the population fell into these categories, and men were required for the army, it would be preferable for the king not to institute a leap year.
32.
I.e., the Temple in Jerusalem. Curiously, however, it does not appear that the Rambam requires the proceedings to be carried out in the Temple, or even in Jerusalem.
33.
Sanhedrin 11b states that there is an equation between the institution of a leap year and the sanctification of the new moon. As mentioned in Chapter 2, Halachah 8, the new moon can be sanctified only during the day.
Based on the equation between these two practices, the Minchat Chinuch (Mitzvah 4) questions the law mentioned previously: Why may the moon be sanctified throughout Eretz Yisrael (Chapter 1, Halachah 8) if a leap year may be instituted only in the territory of Judea?
34.
Sanhedrin 12a relates that once, when Rabbi Akiva was imprisoned by the Romans, he instituted three leap years for the future.
35.
Shorshei HaYam cites the fact that the year can be declared a leap year well in advance, as support for the Rambam's thesis (Halachah 2) that the fact that Pesach would be celebrated before the vernal equinox is, by itself, sufficient cause to declare a leap year. At the beginning of the year, it is impossible to know the state of the barley harvest, or the fruit trees.
36.
Rashi (Sanhedrin, ibid.) relates that this refers to a situation when it was feared that the Romans would prevent the leap year from being instituted if the court waited for the usual time.
Note the Minchat Chinuch (Mitzvah 4), which explains that an early declaration should be made only in a pressing situation. The court may, however, calculate months and even years in advance, even in cases where the situation is not pressing.
37.
I.e., although, as the Rambam continues, if they instituted a leap year on this date their ruling would be binding, at the outset they should not take such a step.
Pesachim 4:10 relates that declaring a leap year on this date was one of the three acts performed by King Chizkiyah that did not find favor in the eyes of the Sages.
38.
Retroactively, it appears that the thirtieth day was fit to be Rosh Chodesh Nisan, and therefore the institution of the leap year would not have been effective. Nevertheless, since in actual fact, the declaration of the leap year preceded the sanctification of the new month, it is effective.
39.
Sanhedrin 12a credits Elisha the prophet with the institution of this prohibition.
40.
The prohibition of chadash prevents one from partaking of grain from the new harvest until the offering of the omer of barley on the sixteenth of Nisan (Hilchot Ma'achalot Asurot 10:2-5). When the previous year has been plagued with famine, it is undesirable to keep this prohibition in effect any longer than necessary.
41.
The Rambam follows the opinion in Sanhedrin (loc. cit.), which forbids instituting a leap year only in the Sabbatical year. Another opinion forbids instituting a leap year in the year following the Sabbatical year.
42.
Our translation follows the commentary of the Perush, which explains that according to the Torah, all agricultural labor is forbidden in the Sabbatical year. It is, nevertheless, permitted to take crops that grow from seeds strewn by the wind or that grow from other causes that did not result from conscious human labor. Although our Sages forbade benefitting from such crops for personal use, it was from these crops that the grain used for the omer offering and the two loaves of bread were harvested.
The Sages forbade using these crops for personal use. Nevertheless, since the prohibition did not originate in the Torah, our Sages feared that it would not be observed by the common people and the crops would not remain for these sacrifices.
Significantly, Rashi and others offer a second rationale for this practice, that our Sages did not want to prolong a year when it was forbidden to do agricultural work.
43.
See Leviticus 23:17. As the verse states, this offering and the omer must be from the harvest of the new year.
44.
So that the farmers would have an extra month to work the land and gather its crops (Rashi, Sanhedrin, loc. cit.).
45.
This expression indicates a ruling that the Rambam derives from his own logic without an explicit source in the works of our Sages. The Or Sameach cites a passage (Sanhedrin 26a), which appears to indicate that it is impossible to declare a Sabbatical year a leap year. There are, however, other interpretations of that passage. (See Tosafot, loc. cit..)
46.
It appears that the Rambam's logic is that since according to the Torah, it is necessary to declare a leap year under such circumstances, the leap year should be declared. There is no obligation from the Torah to declare a leap year, because of problems with the roads or because of the other circumstances mentioned in Halachah 5. The Sages prescribed ordaining a leap year in these circumstances out of consideration for the people. In a Sabbatical year or a year of famine, the considerations mentioned in the previous halachah override those that would ordinarily require the year to be declared a leap year.
Significantly, the Ra'avad, the Ramah, and others do not accept the distinction made by the Rambam, and maintain that a Sabbatical year and a year of famine should never be declared leap years.
47.
The Rambam's statement is based on the narrative in Sanhedrin 11b, which relates that Rabban Gamliel sent letters to Jews throughout the diaspora notifying them of the declaration of a leap year.
48.
Since through calculations, it is possible to know whether or not it is likely for the moon to be sighted on the thirtieth night, the court would notify the people in the outlying areas accordingly. This notification would, however, be conditional on the actual sighting of the moon.
Kiddush HaChodesh - Chapter Five
1
All the statements made previously regarding the [prerogative to] sanctify Rosh Chodesh because of the sighting of the moon, and [to] establish a leap year to reconcile the calendar or because of a necessity, apply to the Sanhedrin in Eretz Yisrael. [For it is they] alone, or a court of judges possessing semichah that holds sessions in Eretz Yisrael and that was granted authority by the Sanhedrin, [who may authorize these decisions].1
[This concept is derived] from the command given Moses and Aaron [Exodus 12:2]: "This month shall be for you the first of months" The Oral Tradition as passed down, teacher to student, from Moses our teacher [throughout the generations, explains that] the verse is interpreted as follows:2 This testimony is entrusted to you and those [sages] who arise after you and who function in your position.3
When, however, there is no Sanhedrin in Eretz Yisrael, we establish the monthly calendar and institute leap years solely according to the fixed calendar that is followed now.
א
כל מה שאמרנו מקביעות ראש חדש על הראיה ועיבור השנה מפני הזמן או מפני הצורך. אין עושין אותו אלא סנהדרין שבארץ ישראל או בית דין הסמוכים בארץ ישראל שנתנו להן הסנהדרין רשות. שכך נאמר למשה ולאהרן החדש הזה לכם ראש חדשים ומפי השמועה למדו איש מאיש ממשה רבינו שכך הוא פירוש הדבר עדות זו תהיה מסורה לכם וכל העומד אחריכם במקומכם. אבל בזמן שאין שם סנהדרין בארץ ישראל אין קובעין חדשים ואין מעברין שנים אלא בחשבון זה שאנו מחשבין בו היום:
2
This concept is a halachah communicated to Moses on [Mount] Sinai:4 When there is a Sanhedrin, the monthly calendar is established according to the sighting of the moon. When there is no Sanhedrin, the monthly calendar is established according to the fixed calendar that we follow now, and the sighting of the moon is of no consequence.
When the fixed calendar is followed, there are times when the day established [as Rosh Chodesh] will be the day on which the moon is sighted, and there are times when the sighting will either precede or follow it by a day.5 It is, however, an extremely extraordinary phenomenon for [the day established as Rosh Chodesh] to be a day after the sighting [of the moon], [and this is possible only] in the lands that are west of Eretz Yisrael.6
ב
ודבר זה הלכה למשה מסיני הוא. שבזמן שיש סנהדרין קובעין על פי הראיה ובזמן שאין שם סנהדרין קובעין על פי החשבון הזה שאנו מחשבין בו היום ואין נזקקין לראיה. אלא פעמים שיהיה יום שקובעין בו בחשבון זה הוא יום הראייה או קודם לו ביום או אחריו ביום. וזה שיהיה לאחר הראייה ביום פלא הוא ובארצות שהן למערב ארץ ישראל:
3
When did the entire Jewish people begin using this calendar? At the conclusion of the Talmudic period, when Eretz Yisrael was in ruin, and an established court no longer remained there.7 In the era of the Sages of the Mishnah, and in the era of the Sages of the Gemara until the time of Abbaye and Ravvah,8 [the people] would rely on the establishment [of the calendar] in Eretz Yisrael.9
ג
ומאימתי התחילו כל ישראל לחשב בחשבון זה. מסוף חכמי הגמרא בעת שחרבה ארץ ישראל ולא נשאר שם בית דין קבוע. אבל בימי חכמי משנה וכן בימי חכמי הגמרא עד ימי אביי ורבא על קביעת ארץ ישראל היו סומכין:
4
When the Sanhedrin functioned and the calendar was established based on the sighting [of the moon], the inhabitants of Eretz Yisrael and, [similarly, the inhabitants of] all the places where the messengers of Tishrei10 would arrive, would celebrate the holidays for one day only.
The inhabitants of the distant places that were not reached by the messengers of Tishrei would celebrate two days because of the doubt involved. For they did not know the day that the inhabitants of Eretz Yisrael established as [the beginning of] the new month.
ד
כשהיתה סנהדרין קיימת והיו קובעין על הראייה. היו בני ארץ ישראל וכל המקומות שמגיעין אליהן שלוחי תשרי עושין ימים טובים יום אחד בלבד. ושאר המקומות הרחוקות שאין שלוחי תשרי מגיעין אליהם היו עושים שני ימים מספק לפי שלא היו יודעין יום שקבעו בו בני ארץ ישראל את החדש:
5
In the present era, when the Sanhedrin no longer exists, and the court of Eretz Yisrael establishes [the months] according to the [fixed] calendar,11 according to law, it would be appropriate for [Jews] throughout the world to celebrate the holidays for one day alone.12 For [the inhabitants of] the distant regions of the diaspora and the inhabitants of Eretz Yisrael rely on the same [fixed] calendar and establish [the festivals] accordingly. Nevertheless, the Sages ordained [that the inhabitants of the diaspora] retain the custom of their ancestors.13
ה
בזמן הזה שאין שם סנהדרין ובית דין של ארץ ישראל קובעין על חשבון זה. היה מן הדין שיהיו בכל המקומות עושין יום טוב אחד בלבד אפילו המקומות הרחוקות שבחוצה לארץ כמו בני ארץ ישראל. שהכל על חשבון אחד סומכין וקובעין. אבל תקנת חכמים הוא שיזהרו במנהג אבותיהם שבידיהם:
6
Therefore, [the inhabitants of] all the places that the messengers of Tishrei would not reach in the era when the messengers were sent out should celebrate two days even in the present era, just as they did when the inhabitants of Eretz Yisrael established [the calendar] according to the sighting of the moon.
ו
לפיכך כל מקום שלא היו שלוחי תשרי מגיעין אליו כשהיו השלוחין יוצאין. יעשו שני ימים ואפילו בזמן הזה כמו שהיו עושין בזמן שבני ארץ ישראל קובעין על הראייה. ובני ארץ ישראל בזמן הזה עושין יום אחד כמנהגן שמעולם לא עשו שני ימים. נמצא יום טוב שני שאנו עושין בגליות בזמן הזה מדברי סופרים שתקנו דבר זה:
7
[Even] when the calendar was established based on the sighting of the moon, the majority of the inhabitants of Eretz Yisrael would celebrate Rosh HaShanah for two days, because of the doubt involved.16 They would not know the day on which the court established the new month, because the messengers would not depart on the holiday.17
ז
יום טוב של ראש השנה בזמן שהיו קובעין על הראייה היו רוב בני ארץ ישראל עושין אותו שני ימים מספק. לפי שלא היו יודעין יום שקבעו בו בית הדין את החדש שאין השלוחין יוצאין ביום טוב:
8
Moreover, even in Jerusalem, where the court would hold session, there were many times when the holiday of Rosh HaShanah was celebrated for two days. For if witnesses did not arrive on the thirtieth day [following Rosh Chodesh Elul], the day on which they had awaited [the arrival of] witnesses would be regarded as holy,18and the following day would be regarded as holy.19
Since [there were times when] they would observe [Rosh HaShanah for] two days even when they sanctified the months according to the sighting [of the moon], [our Sages] ordained that even the inhabitants of Eretz Yisrael20 should always celebrate [Rosh HaShanah] for two days in the present era, when [the holidays] are established based on the fixed calendar. Thus, even [the observance of] the second day of Rosh HaShanah in the present era is a Rabbinic ordinance.
ח
ולא עוד אלא אפילו בירושלים עצמה שהוא מקום בית דין פעמים רבות היו עושין יום טוב של ראש השנה שני ימים. שאם לא באו העדים כל יום שלשים נוהגין היו באותו היום שמצפין לעדים קדש ולמחר קדש. והואיל והיו עושין אותו שני ימים ואפילו בזמן הראייה התקינו שיהיו עושין אפילו בני ארץ ישראל אותו תמיד שני ימים בזמן הזה שקובעין על החשבון. הנה למדת שאפילו יום טוב שני של ראש השנה בזמן הזה מדברי סופרים:
9
The celebration of the holidays for one or two days is not dependent on geographic distance [alone]. What is implied?
If a place is located within a five-day - or less - journey from Jerusalem, and thus it was surely possible for the messengers to reach them, we do not postulate that the inhabitants celebrate only one day. For we have no way of knowing whether or not the messengers [of the High Court] would journey to this place.21Perhaps the messengers did not journey to this place because it was not populated by Jews at that time. [And if] it became populated by Jews after it [had become customary] to establish [the festivals] according to the fixed calendar, they [would be] obligated to celebrate two days.
Alternatively, [perhaps the messengers did not reach there,] because there was a blockade on the way, as existed between Jerusalem and the Galilee during the time of the Mishnah,22 or perhaps the Samaritans would prevent the messengers from passing through their [territory].
ט
אין עשיית יום טוב אחד תלוייה בקריבת המקום. כיצד אם יהיה מקום בינו ובין ירושלים מהלך חמשה ימים או פחות שבודאי אפשר שיגיעו להן שלוחין. אין אומרין שאנשי מקום זה עושין יום טוב אחד. שמי יאמר לנו שהיו השלוחים יוצאין למקום זה. שמא לא היו שלוחים יוצאין למקום זה מפני שלא היו שם ישראל ואחר שחזרו לקבוע על החשבון ישבו שם ישראלים שהן חייבין לעשות שני ימים. או מפני שהיה חירום בדרך כדרך שהיה בין יהודה וגליל בימי חכמי המשנה. או מפני שהיו הכותים מונעין את השלוחין לעבור ביניהן:
10
If the matter were dependent on geographic distance alone, all the inhabitants of Egypt would observe the holidays for only one day, for it is possible for the messengers of Tishrei to reach them. The distance between Jerusalem and Egypt via Ashkelon is a journey of eight days or less. Similar concepts apply regarding the majority of Syria. One thus can conclude that the matter is not dependent solely on geographic distance.
י
ואילו היה הדבר תלוי בקריבת המקום היו כל בני מצרים עושין יום אחד. שהרי אפשר שיגיעו להם שלוחי תשרי. שאין בין ירושלים ומצרים על דרך אשקלון אלא מהלך שמנה ימים או פחות וכן רוב סוריא. הא למדת שאין הדבר תלוי בהיות המקום קרוב:
11
Thus, the principles governing this matter can be summarized as follows: Whenever the distance between Jerusalem and a particular place exceeds a ten-day journey, the inhabitants should observe [the holidays] for two days, as was their previous custom. For the messengers sent out for Tishrei [cannot be guaranteed] to reach places other than those within a ten-day journey from Jerusalem.23
[T he following rules apply when, by contrast,] places are a ten-day journey or less from Jerusalem, and thus it is possible that the messengers could have reached them: We see whether that place is [located in the portions of] Eretz Yisrael that were inhabited by Jews during the time the calendar was established on the basis of the sighting [of the moon] during the second conquest [of the land] - e.g., Usha, Shefaram, Luz, Yavneh, Nov, Tiberias, and the like. [The inhabitants of these places] should celebrate only one day.
יא
נמצא עיקר דבר זה על דרך זו כך הוא. כל מקום שיש בינו ובין ירושלים מהלך יתר על עשרה ימים גמורים עושין שני ימים לעולם כמנהגם מקודם. שאין שלוחי כל תשרי ותשרי מגיעין אלא למקום שבינו ובין ירושלים מהלך עשרה ימים או פחות. וכל מקום שבינו לבין ירושלים מהלך עשרה ימים בשוה או פחות שאפשר שיהיו שלוחין מגיעין אליו. רואים אם אותו המקום מארץ ישראל שהיו בה ישראל בשעת הראייה בכבוש שני כגון אושא ושפרעם ולוז ויבנה ונוב וטבריא וכיוצא בהן עושין יום אחד בלבד. ואם אותו המקום מסוריא כגון צור ודמשק ואשקלון וכיוצא בהן. או מחוצה לארץ כגון מצרים ועמון ומואב וכיוצא בהן. עושין כמנהג אבותיהן שבידיהן אם יום אחד יום אחד ואם שני ימים שני ימים:
12
When a place is located within a journey of ten days or less from Jerusalem, and it is part of Syria or the diaspora, and [its inhabitants] have no [established] custom conveyed [from previous generations], they should celebrate two days, as is customary in the world at large. [The same rules apply to] a city that was created in the desert of Eretz Yisrael, or a city first populated by Jews in the present era.26
[At present,] the celebration of the second day of a holiday is always a Rabbinic institution. This applies even to the celebration of the second day of Rosh HaShanah, which is observed by all Jews in the present era.
יב
מקום שבינו ובין ירושלים עשרה ימים או פחות מעשרה והוא סוריא או חוצה לארץ ואין להם מנהג. או שהיא עיר שנתחדשה במדבר ארץ ישראל. או מקום ששכנו בו ישראל עתה. עושין שני ימים כמנהג רוב העולם. וכל יום טוב שני מדברי סופרים ואפילו יום טוב שני של ראש השנה שהכל עושין אותו בזמן הזה:
13
The calculations that we follow in the present era, every individual in his community, to ascertain which day is Rosh Chodesh and which day is Rosh HaShanah, do not determine [the calendar], nor do we rely on these calculations. For we do not institute leap years or establish the monthly calendar in the diaspora. We rely on the calculations of the inhabitants of Eretz Yisrael and their establishment of the calendar.
The reason we make calculations is merely for the sake of information. For we know that the inhabitants of Eretz Yisrael rely on the same calendar. Thus, our calculations are intended to determine the day that the inhabitants of Eretz Yisrael establish as Rosh Chodesh or a festival. For it is the establishment of the calendar by the inhabitants of Eretz Yisrael that establishes a day as Rosh Chodesh or a festival, not our calculations of the calendar.27
יג
זה שאנו מחשבין בזמן הזה כל אחד ואחד בעירו ואומרין שראש חדש יום פלוני ויום טוב ביום פלוני. לא בחשבון שלנו אנו קובעין ולא עליו אנו סומכין. שאין מעברין שנים וקובעין חדשים בחוצה לארץ. ואין אנו סומכין אלא על חשבון בני ארץ ישראל וקביעתם. וזה שאנו מחשבין לגלות הדבר בלבד הוא. כיון שאנו יודעין שעל חשבון זה הן סומכין אנו מחשבין לידע יום שקבעו בו בני ארץ ישראל אי זה יום הוא. וקביעת בני ארץ ישראל אותו הוא שיהיה ראש חדש או יום טוב. לא מפני חשבון שאנו מחשבין
FOOTNOTES
1.
The Ramban [in his gloss on Sefer HaMitzvot (Positive Commandment 153)] differs and explains that although it was necessary for the judges who established the calendar to have semichah, there was no necessity that this function be carried out by the Sanhedrin or a court deputized by it.
2.
This explanation was recorded for posterity in Rosh HaShanah 21b.
3.
I.e., to the Sages of the Sanhedrin, who preserve the tradition of the Jewish court as initiated by Moses and Aaron.
4.
In the Introduction to his Commentary on the Mishnah, the Rambam defines a halachah communicated to Moses on [Mount] Sinai as a law that is neither explicitly stated nor alluded to in the Written Law, but communicated through the Oral Tradition.
See also the statements of the Ramban (loc. cit.), who objects to the Rambam's statements, and asks which source states that this is a halachah communicated to Moses on Mount Sinai.
5.
As explained in Chapter 6, the fixed calendar is based on the mean motion of the sun and the moon - i.e., their average rate of progress in the heavens. As explained in Chapter 11 onwards, the progress of the sun, and to an even greater extent that of the moon, deviates from this mean from time to time. Although ultimately these deviations will balance out, at any given time the day established as Rosh Chodesh may be before or after the day on which the moon can be sighted.
6.
As explained in Chapter 18, Halachah 13, in the lands west of Eretz Yisrael the moon is sighted earlier than in Eretz Yisrael.
7.
Based on the Rambam's statements in Sefer HaMitzvot (loc. cit.), the Chatam Sofer (Yoreh De'ah, Responsum 234) explains that the Rambam's intent is that, from that time onward, a formal court no longer held sessions in Eretz Yisrael; the land, however, remained populated by Jews. (See the notes on Halachah 5.)
8.
This concept is derived from Rosh HaShanah 21a, which states that Ravvah fasted two days on Yom Kippur, because he did not know which day was established by the court in Eretz Yisrael.
9.
This refers to the establishment of the fixed calendar by Rabbi Hillel (Hillel II), approximately two generations after the composition of the Jerusalem Talmud.
Most commentaries assume that the Rambam's intent is that until the time of Rabbi Hillel (not Hillel the Great, but a descendant of his, who lived several hundred years afterwards), the court sanctifiede moon based on the testimony of witnesses. Rav Kapach objects to this interpretation, noting that the sanctification of the moon required judges with semichah, and it appears that the practice of semichah had been nullified prior to this time.
Noting the precise words used by the Rambam, "[The people] would rely on the establishment [of the calendar] in Eretz Yisrael," Rav Kapach explains that the sanctification of the moon based on the testimony of witnesses had ended several generations previously, with the cessation of the practice of semichah. Nevertheless, the international Jewish community would look to the court in Eretz Yisrael for the establishment of the calendar. For the family of the Nesi'im had a private tradition regarding the calculation of the calendar. Nevertheless, at the time of Rabbi Hillel, this practice was also discontinued, and a fixed calendar was established that did not require the authority of any particular court.
10.
See Chapter 3, Halachot 11-13.
11.
Implicit in the Rambam's words is a concept explained in greater detail in Halachah 13: The determination of the calendar depends on the establishment of the calendar by the court in Eretz Yisrael.
12.
As prescribed by the Torah. Once the date on which the festivals should be celebrated could be universally known because of the fixed calendar, the safeguard of celebrating the holidays for two days was no longer necessary.
13.
Beitzah 4b explains that this rule was ordained lest the gentile authorities oppress the Jewish people and prevent the inhabitants of the diaspora from communicating the tradition of the calendar to their descendants. They would then have to rely on information conveyed from Eretz Yisrael again.
14.
See, however, Halachot 11 and 12.
15.
I.e., originally, the second day of the holidays was observed because of the doubt of the day on which to observe the Torah's commandment. In the present era there is no longer any doubt, and the observance of the second day of a holiday has the status of a Rabbinic ordinance.
16.
To explain: Generally, the court would endeavor to structure the calendar so that the moon would be sighted on the thirtieth night of Elul. In expectation of the probability that the following day would be declared Rosh HaShanah, the people would observe all the holiday prohibitions and sound the shofar on the thirtieth day. Nevertheless, since it was possible that the moon had not been sighted, the people outside the immediate surroundings of Jerusalem would observe the following day as well.
See the Jerusalem Talmud (Eruvin 3:9) which states that the observance of Rosh HaShanah for two days was ordained by "the prophets of the earlier generations." Sotah 48b states that this term refers to the prophets of the First Temple era.
17.
See Chapter 3, Halachah 8.
18.
As mentioned above, except for the offering of the Rosh HaShanah sacrifices, the thirtieth day following Rosh Chodesh Elul was always observed as Rosh HaShanah in expectation of the arrival of witnesses.
19.
For it would actually be observed as Rosh HaShanah.
20.
Including even the inhabitants of Jerusalem.
21.
As the Rambam continues to explain, the determining factor is not the geographic distance of a place from Jerusalem, but rather the custom followed in this place at the time when the High Court sent out messengers.
22.
See Bava Batra 38a and Ketubot 17b, which tell of a time when a blockade prevented communication between Jerusalem and the Galilee.
23.
For the messengers were forbidden to travel on Rosh HaShanah, Yom Kippur, and the two Sabbaths between Rosh HaShanah and Sukkot. In the years when Rosh HaShanah is observed on the Sabbath, the messengers could proceed a further day. Nevertheless, since this is not so in the majority of the years, a ten-day journey is accepted as the standard measure.
24.
Note Hilchot Terumah 1:3, which defines Syria as referring to lands conquered by King David before the entire territory of Eretz Yisrael proper had been conquered. Therefore, it was not considered part of the Holy Land with regard to most ritual questions according to the Torah itself. Nevertheless, the Rabbis extended many of the laws applying to Eretz Yisrael to this territory as well.
25.
The inclusion of Ashkelon, which is located to the southwest of Eretz Yisrael, in Syria clearly indicates that the Rambam is referring to the halachic conception of the latter term, and not the geographic one, since Syria is to the northeast of Eretz Yisrael.
There is, however, a slight difficulty with the Rambam's statements: In Hilchot Terumah 1:9, he describes Ashkelon as being part of the diaspora.
26.
Based on this halachah, according to the Rambam, most Jews living in Eretz Yisrael today should celebrate the holidays for two days. Indeed, the Eretz Tzvi, a text that documents the prevailing customs in Eretz Yisrael before the waves of European immigration, states that in cities like Ramlah, that did not have an existing custom dating back to the Talmudic period, the holidays would be celebrated for two days, as the Rambam states.
It was not until the resettlement of Eretz Yisrael in the present era that such cities began observing the holidays for only one day. The source for this practice is the commentary of the Ritba (Rosh HaShanah 16b), who states that, in the present era, it is the geographic definitions of Eretz Yisrael and the diaspora that determine whether or not one should celebrate one day.
[It must be emphasized that even according to the Ritba, it is questionable whether the inhabitants of areas of the Negev below Beersheba should celebrate the holidays for only one day. For these places are also beyond the geographic limits of Eretz Yisrael of the Talmudic period.]
27.
The Rambam's statements in this halachah are a reiteration of the principles he expresses in Sefer HaMitzvot, loc. cit. Citing Isaiah 2:3, "Out of Zion shall come forth the Torah," the Rambam emphasizes that the determination of the calendar is solely the province of the inhabitants of Eretz Yisrael.
Until the time of Rabbi Hillel, the court of Eretz Yisrael determined the calendar through their independent calculations. Even after the court ceased to function and the fixed calendar was adopted, the determination of the calendar still depends on the establishment of the calendar in Eretz Yisrael. The only difference is that from the time of Rabbi Hillel onward, instead of determining the calendar independently, the inhabitants of Eretz Yisrael would rely on the fixed calendar.
For this reason, the Rambam points to a Divine covenant insuring that there will always be Jews living in our Holy Land. For were there not to be any Jews living in Eretz Yisrael, heaven forbid, we would not be able to determine the calendar. (See Chatam Sofer, Yoreh De'ah, Responsum 234).
• Thursday, 22 Kislev, 5777 · 22 December 2016
• "Today's Day"
• Tuesday, Kislev 22, 5703
Torah lessons: Chumash: Vayeishev, Shlishi with Rashi.
Tehillim: 106-107.
Tanya: I speak however (p.xiv)...May this be His will.
A practice instituted by the Rebbe: Every morning after davening - including Shabbat, festivals, Rosh Hashana and Yom Kippur - say a portion of Tehillim1 as the book was apportioned for the days of the month. When Tehillim is completed with a minyan - Mourner's Kaddish is said. In a month of 29 days, say the last two portions on the 29th.
FOOTNOTES
1.See "Saying Tehillim," Kehot 1975.
• Daily Thought:
Showing Miracles
As the days when you left Egypt, I will show them wonders.—Micah 7:15
There is a prophecy, not about miracles that the Creator will perform, but about those that He will show.
He will only need to show them, because they have already been performed. He performs them countless times every day, within the minute details of our lives.
They are the greatest of miracles. So great, they escape our perception. For our minds are incapable of perceiving a boundless G‑d within the neatly bounded order of a physical world.
Until the physical will have been transformed through our labor. Transformed and made transparent, so that these most ultimate of wonders will shine through.
Our world will be a lens to perceive the infinite.[Maamar Kimei Tzeit’cha 5712.]
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CHABAD - TODAY IN JUDAISM: Wednesday, 21 December 2016 - Today is: Wednesday, 21 Kislev, 5777 · 21 December 2016.
Today in Jewish History:
• Alexander in Jerusalem (313 BCE)
On Kislev 21 of the year 3448 from creation (313 BCE), there occurred the historic meeting between Shimon HaTzaddik and Alexander ('the Great") of Macedonia.
The Samarians, bitter enemies of the Jews, had convinced Alexander that the Jews' refusal to place his image in their Temple was a sign of rebellion against his sovereignty, and that the Holy Temple should be destroyed. The Kohen Gadol ("High Priest") at the time was Shimon HaTzaddik, the last of the "Men of the Great Assembly" who rebuilt the Holy Temple and revitalized Judaism under Ezra. On the 21st of Kislev Alexander marched on Jerusalem at the head of his army; Shimon, garbed in the vestments of the High Priest and accompanied with a delegation of Jewish dignitaries, went forth to greet him. The two groups walked towards each other all night; at the crack of dawn they met. As Alexander beheld the visage of the High Priest, he dismounted his horse and bowed respectfully; to his men he explained that he often had visions of a similar-looking man leading him into battle. Shimon HaTzaddik brought the emperor to the Holy Temple and explained that Judaism prohibits the display of any graven image; he offered to name all the male children born to priests that year "Alexander" as a demonstration of loyalty to the emperor (which is how "Alexander" became a common Jewish name). The Samarians plot was rebuffed, and Kislev 21 was declared a holiday. (Talmud Yoma 69a)
According to an alternative version, this episode occurred on the 25th of Tevet.
• Satmar Rebbe Rescued (1944)
The Satmar Rebbe, Rabbi Joel Teitelbaum (1887-1979), was rescued from the Bergen-Belsen concentration camp, along with 1,368 other Jews, through the efforts of Rudulf Kastner, head of the Zionist rescue operation in Hungary (an earlier transport of 1,686 Jews had been rescued on Av 29). The Satmar community celebrates the 21st of Kislev as a day of thanksgiving.Daily Quote:
Rabbi Elazar of Bartosa would say: Give Him what is His, for you, and whatever is yours, are His. As David says (I Chronicles 29:14): "For everything comes from You, and from Your own hand we give to You..."[Ethics of the Fathers 3:7]
CHABAD - TODAY IN JUDAISM: Wednesday, 21 December 2016 - Today is: Wednesday, 21 Kislev, 5777 · 21 December 2016.
Today in Jewish History:
• Alexander in Jerusalem (313 BCE)
On Kislev 21 of the year 3448 from creation (313 BCE), there occurred the historic meeting between Shimon HaTzaddik and Alexander ('the Great") of Macedonia.
The Samarians, bitter enemies of the Jews, had convinced Alexander that the Jews' refusal to place his image in their Temple was a sign of rebellion against his sovereignty, and that the Holy Temple should be destroyed. The Kohen Gadol ("High Priest") at the time was Shimon HaTzaddik, the last of the "Men of the Great Assembly" who rebuilt the Holy Temple and revitalized Judaism under Ezra. On the 21st of Kislev Alexander marched on Jerusalem at the head of his army; Shimon, garbed in the vestments of the High Priest and accompanied with a delegation of Jewish dignitaries, went forth to greet him. The two groups walked towards each other all night; at the crack of dawn they met. As Alexander beheld the visage of the High Priest, he dismounted his horse and bowed respectfully; to his men he explained that he often had visions of a similar-looking man leading him into battle. Shimon HaTzaddik brought the emperor to the Holy Temple and explained that Judaism prohibits the display of any graven image; he offered to name all the male children born to priests that year "Alexander" as a demonstration of loyalty to the emperor (which is how "Alexander" became a common Jewish name). The Samarians plot was rebuffed, and Kislev 21 was declared a holiday. (Talmud Yoma 69a)
According to an alternative version, this episode occurred on the 25th of Tevet.
• Satmar Rebbe Rescued (1944)
The Satmar Rebbe, Rabbi Joel Teitelbaum (1887-1979), was rescued from the Bergen-Belsen concentration camp, along with 1,368 other Jews, through the efforts of Rudulf Kastner, head of the Zionist rescue operation in Hungary (an earlier transport of 1,686 Jews had been rescued on Av 29). The Satmar community celebrates the 21st of Kislev as a day of thanksgiving.Daily Quote:
Rabbi Elazar of Bartosa would say: Give Him what is His, for you, and whatever is yours, are His. As David says (I Chronicles 29:14): "For everything comes from You, and from Your own hand we give to You..."[Ethics of the Fathers 3:7]
Today's Study:
Chitas and Rambam for today:
Chumash: Vayeishev, 4th Portion Genesis 38:1-38:30 with Rashi
• Genesis Chapter 38
1Now it came about at that time that Judah was demoted by his brothers, and he turned away until [he came] to an Adullamite man, named Hirah. אוַֽיְהִי֙ בָּעֵ֣ת הַהִ֔וא וַיֵּ֥רֶד יְהוּדָ֖ה מֵאֵ֣ת אֶחָ֑יו וַיֵּ֛ט עַד־אִ֥ישׁ עֲדֻלָּמִ֖י וּשְׁמ֥וֹ חִירָֽה:
Now it came about at that time: Why was this section placed here, where it interrupts the section dealing with Joseph? To teach us that his (Judah’s) brothers demoted him from his high position when they saw their father’s distress. They said, “You told [us] to sell him. Had you told [us] to return him, we would have obeyed you.” [from Tanchuma Buber, Vayeshev 8] ויהי בעת ההוא: למה נסמכה פרשה זו לכאן, והפסיק בפרשתו של יוסף, ללמד שהורידוהו אחיו מגדולתו כשראו בצרת אביהם, אמרו אתה אמרת למכרו, אלו אמרת להשיבו היינו שומעים לך:
and he turned away: from his brothers. ויט: מאת אחיו:
to an Adullamite man: He entered into a partnership with him. עד איש עדלמי: נשתתף עמו:
2And there Judah saw the daughter of a merchant named Shua, and he took her and came to her. בוַיַּרְא־שָׁ֧ם יְהוּדָ֛ה בַּת־אִ֥ישׁ כְּנַֽעֲנִ֖י וּשְׁמ֣וֹ שׁ֑וּעַ וַיִּקָּחֶ֖הָ וַיָּבֹ֥א אֵלֶֽיהָ:
merchant: Heb. כְּנַעִנִי [Onkelos renders] תַּגְרָא, a merchant. כנעני: תגרא:
3And she conceived and bore a son, and he named him Er. גוַתַּ֖הַר וַתֵּ֣לֶד בֵּ֑ן וַיִּקְרָ֥א אֶת־שְׁמ֖וֹ עֵֽר:
4And she conceived again and bore a son, and she named him Onan. דוַתַּ֥הַר ע֖וֹד וַתֵּ֣לֶד בֵּ֑ן וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ אוֹנָֽן:
5Once again she bore a son, and she named him Shelah, and he (Judah) was in Chezib when she gave birth to him. הוַתֹּ֤סֶף עוֹד֙ וַתֵּ֣לֶד בֵּ֔ן וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ שֵׁלָ֑ה וְהָיָ֥ה בִכְזִ֖יב בְּלִדְתָּ֥הּ אֹתֽוֹ:
and he (Judah) was in Chezib: The name of the place. I say, however, that it was called Chezib because she stopped giving birth; [this is] an expression similar to“You are to me as a failing spring (אַכְזָב)” (Jer. 15:18);“whose water does not fail (יְכַזְבוּ)” (Isa. 58:11). Otherwise, what does Scripture intend to tell us? Moreover, in Genesis Rabbah (85:4) I saw: And she named him Shelah… She stopped [bearing]. והיה בכזיב: שם המקום. ואומר אני על שם שפסקה מלדת נקרא כזיב, לשון (ירמיה טו יח) היו תהיה לי כמו אכזב, (ישעיה נח יא) אשר לא יכזבו מימיו, דאם לא כן מה בא להודיענו. ובבראשית רבה (פה ד) ראיתי ותקרא שמו שלה, פסקת:
6And Judah took a wife for Er, his firstborn, named Tamar. ווַיִּקַּ֧ח יְהוּדָ֛ה אִשָּׁ֖ה לְעֵ֣ר בְּכוֹר֑וֹ וּשְׁמָ֖הּ תָּמָֽר:
7Now Er, Judah's firstborn, was evil in the eyes of the Lord, and the Lord put him to death. זוַיְהִ֗י עֵ֚ר בְּכ֣וֹר יְהוּדָ֔ה רַ֖ע בְּעֵינֵ֣י יְהֹוָ֑ה וַיְמִתֵ֖הוּ יְהֹוָֽה:
was evil in the eyes of the Lord: [His evil was] like the evil of Onan, viz. that he wasted his semen, as it is written in connection with Onan: “and He put him to death also,” meaning that, as Er’s death, so was Onan’s death. Now, why should Er waste his semen? So that she (Tamar) would not become pregnant and her beauty be impaired. [From Yev. 34b] רע בעיני ה': כרעתו של אונן משחית זרעו, שנאמר באונן (פסוק י) וימת גם אותו, כמיתתו של ער מיתתו של אונן, ולמה היה ער משחית זרעו, כדי שלא תתעבר ויכחיש יפיה:
8So Judah said to Onan, "Come to your brother's wife and perform the rite of the levirate, and raise up progeny for your brother." חוַיֹּ֤אמֶר יְהוּדָה֙ לְאוֹנָ֔ן בֹּ֛א אֶל־אֵ֥שֶׁת אָחִ֖יךָ וְיַבֵּ֣ם אֹתָ֑הּ וְהָקֵ֥ם זֶ֖רַע לְאָחִֽיךָ:
and raise up progeny: The son shall be called by the name of the deceased. [From Targum Jonathan ben Uzziel] והקם זרע: הבן יקרא על שם המת:
9Now Onan knew that the progeny would not be his, and it came about, when he came to his brother's wife, he wasted [his semen] on the ground, in order not to give seed to his brother. טוַיֵּ֣דַע אוֹנָ֔ן כִּ֛י לֹּ֥א ל֖וֹ יִֽהְיֶ֣ה הַזָּ֑רַע וְהָיָ֞ה אִם־בָּ֨א אֶל־אֵ֤שֶׁת אָחִיו֙ וְשִׁחֵ֣ת אַ֔רְצָה לְבִלְתִּ֥י נְתָן־זֶ֖רַע לְאָחִֽיו:
he wasted [his semen] on the ground: He practiced coitus interruptus. [From Gen. Rabbah 85:5] ושחת ארצה: דש מבפנים וזורה מבחוץ:
10Now what he did was evil in the eyes of the Lord, and He put him to death also. יוַיֵּ֛רַע בְּעֵינֵ֥י יְהֹוָ֖ה אֲשֶׁ֣ר עָשָׂ֑ה וַיָּ֖מֶת גַּם־אֹתֽוֹ:
11Then Judah said to his daughter in law Tamar, "Remain as a widow in your father's house until my son Shelah grows up," for he said, "Lest he too die, like his brothers." So Tamar went, and she remained in her father's house. יאוַיֹּ֣אמֶר יְהוּדָה֩ לְתָמָ֨ר כַּלָּת֜וֹ שְׁבִ֧י אַלְמָנָ֣ה בֵית־אָבִ֗יךְ עַד־יִגְדַּל֙ שֵׁלָ֣ה בְנִ֔י כִּ֣י אָמַ֔ר פֶּן־יָמ֥וּת גַּם־ה֖וּא כְּאֶחָ֑יו וַתֵּ֣לֶךְ תָּמָ֔ר וַתֵּ֖שֶׁב בֵּ֥ית אָבִֽיהָ:
for he said, etc.: Meaning that he dismissed her with a straw (with a lame excuse), for he did not intend to marry her to him (Shelah). כי אמר וגו': כלומר דוחה היה אותה בקש, שלא היה בדעתו להשיאה לו:
for he said, “Lest he too die…”: This is a woman whose husbands presumably die young. [From Yev. 64b] כי אמר פן ימות: מוחזקת היא זו שימותו אנשיה:
12Many days passed, and Shua's daughter, Judah's wife, died; and Judah was consoled, and he went up [to watch] over his sheepshearers he and Hirah, his Adullamite friend to Timnah. יבוַיִּרְבּוּ֙ הַיָּמִ֔ים וַתָּ֖מָת בַּת־שׁ֣וּעַ אֵֽשֶׁת־יְהוּדָ֑ה וַיִּנָּ֣חֶם יְהוּדָ֗ה וַיַּ֜עַל עַל־גֹּֽזְזֵ֤י צֹאנוֹ֙ ה֗וּא וְחִירָ֛ה רֵעֵ֥הוּ הָֽעֲדֻלָּמִ֖י תִּמְנָֽתָה:
and he went up [to watch] over his sheepshearers: He went up to Timnah to stand over his sheepshearers [i.e. to oversee them]. ויעל על גוזזי צאנו: ויעל תמנתה לעמוד על גוזזי צאנו:
13And it was told to Tamar, saying, "Behold, your father in law is going up to Timnah to shear his sheep." יגוַיֻּגַּ֥ד לְתָמָ֖ר לֵאמֹ֑ר הִנֵּ֥ה חָמִ֛יךְ עֹלֶ֥ה תִמְנָ֖תָה לָגֹ֥ז צֹאנֽוֹ:
is going up to Timnah: In connection with Samson, however, Scripture says (Jud. 14:1):“And Samson went down to Timnah.” It was situated on a mountain slope, so that they would go up to it from here and go down to it from there. [From Sotah 10a] עולה תמנתה: ובשמשון הוא אומר (שופטים יד א) וירד שמשון תמנתה, בשפוע ההר היתה יושבת, עולין לה מכאן ויורדין לה מכאן:
14So she took off her widow's garb, covered [her head] with a veil and covered her face, and she sat down at the crossroads that were on the way to Timnah, for she saw that Shelah had grown up, but as for her she was not given to him for a wife. ידוַתָּ֩סַר֩ בִּגְדֵ֨י אַלְמְנוּתָ֜הּ מֵֽעָלֶ֗יהָ וַתְּכַ֤ס בַּצָּעִיף֙ וַתִּתְעַלָּ֔ף וַתֵּ֨שֶׁב֙ בְּפֶ֣תַח עֵינַ֔יִם אֲשֶׁ֖ר עַל־דֶּ֣רֶךְ תִּמְנָ֑תָה כִּ֤י רָֽאֲתָה֙ כִּֽי־גָדַ֣ל שֵׁלָ֔ה וְהִ֕וא לֹֽא־נִתְּנָ֥ה ל֖וֹ לְאִשָּֽׁה:
and covered her face: Heb. וַתִּתְעַלָף. She covered her face so that he would not recognize her. ותתעלף: כסתה פניה שלא יכיר בה:
at the crossroads: Heb. בְּפֶתַח עֵינַיִם, lit., at the opening of the eyes. At the crossroads, on the road to Timnah. Our Sages, however, explained it midrashically to mean, at the entrance (פֶתַח) [to the residence] of our father Abraham, which all eyes (עֵינַיִם) looked forward to see. [From Sotah 10a] ותשב בפתח עינים: בפתיחת עינים, בפרשת דרכים שעל דרך תמנתה. ורבותינו דרשו בפתחו של אברהם אבינו שכל עינים מצפות לראותו:
for she saw that Shelah had grown up, etc.: Therefore, she made herself available to Judah, for she longed to bear sons from him. כי ראתה כי גדל שלה וגו': לפיכך הפקירה עצמה אצל יהודה, שהיתה מתאוה להעמיד ממנו בנים:
15When Judah saw her, he thought she was a harlot, because she covered her face. טווַיִּרְאֶ֣הָ יְהוּדָ֔ה וַיַּחְשְׁבֶ֖הָ לְזוֹנָ֑ה כִּ֥י כִסְּתָ֖ה פָּנֶֽיהָ:
he thought she was a harlot: because she was sitting at the crossroads. ויחשבה לזונה: לפי שיושבת בפרשת דרכים:
because she covered her face: and he could not see her and recognize her. Our Sages midrashic interpretation is: because she had covered her face when she had stayed in her father-in-law’s house and she was modest. Therefore, he did not suspect her. [From Sotah 10b] כי כסתה פניה: ולא יכול לראותה ולהכירה. ומדרש רבותינו כי כסתה פניה כשהיתה בבית חמיה היתה צנועה, לפיכך לא חשדה:
16So he turned aside toward her to the road, and he said, "Get ready now, I will come to you," for he did not know that she was his daughter in law, and she said, "What will you give me that you should come to me?" טזוַיֵּ֨ט אֵלֶ֜יהָ אֶל־הַדֶּ֗רֶךְ וַיֹּ֨אמֶר֙ הָֽבָה־נָּא֙ אָב֣וֹא אֵלַ֔יִךְ כִּ֚י לֹ֣א יָדַ֔ע כִּ֥י כַלָּת֖וֹ הִ֑וא וַתֹּ֨אמֶר֙ מַה־תִּתֶּן־לִ֔י כִּ֥י תָב֖וֹא אֵלָֽי:
So he turned aside toward her to the road: From the road he was following, he turned aside to the road where she was. In Old French, destorner, to turn aside. ויט אליה אל הדרך: מדרך שהיה בה נטה אל הדרך אשר היא בה, ובלשון לע"ז דשטולי"ר [לסטות]:
“Get ready now…”: Prepare yourself and your mind for this. Every expression of הָבָה signifies preparation, except where it can be translated as an expression of giving, and even those instances [of הָבָה] meaning preparation are close to an expression of giving. הבה נא: הכיני עצמך ודעתך לכך. כל לשון הבה לשון הזמנה הוא, חוץ ממקום שיש לתרגמו בלשון נתינה, ואף אותן של הזמנה קרובים ללשון נתינה הם:
17And he said, "I will send a kid from the herd," and she said, "[Only] if you give me a pledge until you send [it]." יזוַיֹּ֕אמֶר אָֽנֹכִ֛י אֲשַׁלַּ֥ח גְּדִֽי־עִזִּ֖ים מִן־הַצֹּ֑אן וַתֹּ֕אמֶר אִם־תִּתֵּ֥ן עֵֽרָב֖וֹן עַ֥ד שָׁלְחֶֽךָ:
a pledge: Heb. עֵרָבוֹן, security. [From Targum Onkelos] ערבון: משכון:
18So he said, "What is the pledge that I should give you?" And she said, "Your signet, your cloak, and the staff that is in your hand." So he gave them to her, and he came to her, and she conceived his likeness. יחוַיֹּ֗אמֶר מָ֣ה הָעֵֽרָבוֹן֘ אֲשֶׁ֣ר אֶתֶּן־לָךְ֒ וַתֹּ֗אמֶר חֹתָֽמְךָ֙ וּפְתִילֶ֔ךָ וּמַטְּךָ֖ אֲשֶׁ֣ר בְּיָדֶ֑ךָ וַיִּֽתֶּן־לָ֛הּ וַיָּבֹ֥א אֵלֶ֖יהָ וַתַּ֥הַר לֽוֹ:
Your signet, your cloak: Heb. וּפְתִיל ֶחֹתָמְ [Onkelos renders:] עִזְקָת ָוְשׁוֹשִׁיפָ. Your ring, with which you seal, and your cloak, with which you cover yourself. חתמך ופתילך: עזקתך ושושיפך, טבעת שאתה חותם בה, ושמלתך שאתה מתכסה בה:
and she conceived his likeness: lit.,“and she conceived to him.” Mighty men like him, righteous men like him. [From Gen. Rabbah 85:9] ותהר לו: גבורים כיוצא בו, צדיקים כיוצא בו:
19Then she arose and went away, and she took off her veil, and she donned her widow's garb. יטוַתָּ֣קָם וַתֵּ֔לֶךְ וַתָּ֥סַר צְעִיפָ֖הּ מֵֽעָלֶ֑יהָ וַתִּלְבַּ֖שׁ בִּגְדֵ֥י אַלְמְנוּתָֽהּ:
20And Judah sent the kid by the hand of his Adullamite friend to take the pledge from the woman's hand, but he did not find her. כוַיִּשְׁלַ֨ח יְהוּדָ֜ה אֶת־גְּדִ֣י הָֽעִזִּ֗ים בְּיַד֙ רֵעֵ֣הוּ הָֽעֲדֻלָּמִ֔י לָקַ֥חַת הָעֵֽרָב֖וֹן מִיַּ֣ד הָֽאִשָּׁ֑ה וְלֹ֖א מְצָאָֽהּ:
21So he asked the people of the place, saying, "Where is the harlot who was at the crossroads on the way?" and they said, "No harlot was here." כאוַיִּשְׁאַ֞ל אֶת־אַנְשֵׁ֤י מְקֹמָהּ֙ לֵאמֹ֔ר אַיֵּ֧ה הַקְּדֵשָׁ֛ה הִ֥וא בָֽעֵינַ֖יִם עַל־הַדָּ֑רֶךְ וַיֹּ֣אמְר֔וּ לֹֽא־הָֽיְתָ֥ה בָזֶ֖ה קְדֵשָֽׁה:
the harlot: Heb. הַקְדֵשָׁה, prepared (מְקֻדֶשֶׁת) and ready for harlotry. הקדשה: מקודשת ומזומנת לזנות:
22So he returned to Judah, and he said, "I have not found her, and the people of the place also said, 'No harlot was here.' " כבוַיָּ֨שָׁב֙ אֶל־יְהוּדָ֔ה וַיֹּ֖אמֶר לֹ֣א מְצָאתִ֑יהָ וְגַ֨ם אַנְשֵׁ֤י הַמָּקוֹם֙ אָֽמְר֔וּ לֹא־הָֽיְתָ֥ה בָזֶ֖ה קְדֵשָֽׁה:
23So Judah said, "Let her take [them] for herself, lest we become a laughingstock. Behold, I sent this kid, but you did not find her." כגוַיֹּ֤אמֶר יְהוּדָה֙ תִּקַּח־לָ֔הּ פֶּ֖ן נִֽהְיֶ֣ה לָב֑וּז הִנֵּ֤ה שָׁלַ֨חְתִּי֙ הַגְּדִ֣י הַזֶּ֔ה וְאַתָּ֖ה לֹ֥א מְצָאתָֽהּ:
Let her take [them] for herself: Let her keep what she has. תקח לה: יהיה שלה מה שבידה:
lest we become a laughingstock: If you seek her further, the matter will become known, and it will be a disgrace, for what more am I required to do to keep my word? פן נהיה לבוז: אם תבקשנה עוד יתפרסם הדבר ויהיה גנאי, כי מה עלי לעשות עוד לאמת דברי:
Behold, I sent this kid: Since Judah had deceived his father with the kid in whose blood he immersed Joseph’s coat, he too was deceived with a kid. [From Gen. Rabbah 85:9] הנה שלחתי הגדי הזה: לפי שרימה יהודה את אביו בגדי עזים, שהטביל כתנת יוסף בדמו, רמוהו גם אותו בגדי עזים:
24Now it came about after nearly three months, that it was told to Judah, saying, "Your daughter in law Tamar has played the harlot, and behold, she is pregnant from harlotry." So Judah said, "Bring her out, and let her be burned." כדוַיְהִ֣י | כְּמִשְׁל֣שׁ חֳדָשִׁ֗ים וַיֻּגַּ֨ד לִֽיהוּדָ֤ה לֵאמֹר֨ זָֽנְתָה֙ תָּמָ֣ר כַּלָּתֶ֔ךָ וְגַ֛ם הִנֵּ֥ה הָרָ֖ה לִזְנוּנִ֑ים וַיֹּ֣אמֶר יְהוּדָ֔ה הֽוֹצִיא֖וּהָ וְתִשָּׂרֵֽף:
Now it came about after nearly three months: Heb. כְּמִשְׁלשׁ חֳדָשִׁים. The greater part of the first, the greater part of the third, and the complete middle one. The expression כְּמִשְׁלשׁ חֳדָשִׁים means, “upon the tripling of the months,” like“sending portions (מִשְׁלוֹח ַמָנוֹת)” (Esther 9:19)"[and] shall they stretch forth their hand (מִשְׁלוֹח ַיָדָם) (Isa. 11: 14) (lit., the stretching forth of their hand). And so did Onkelos render: כְּתַלְתוּת יַרְחַיָא, at the tripling of the months. [From Gen. Rabbah 85:10] כמשלש חדשים: רובו של ראשון ורובו של אחרון ואמצעי שלם, ולשון כמשלש חדשים, כהשתלש החדשים, כמו (אסתר ט כב) ומשלוח מנות, (ישעיה יא יד) משלוח ידם, וכן תרגם אונקלוס כתלתות ירחיא:
she is pregnant from harlotry: Heb. הָרָה. This is an adjective, “pregnant,” like“a pregnant (הָרָה) woman” (Exod. 21:22), and like“clear (בָּרָה) as the sun” (Song 6:10). הרה לזנונים: שם דבר, מעוברת כמו (שמות כא כב) אשה הרה, וכמו (שה"ש ו י) ברה כחמה:
and let her be burned: Ephraim Miksha’ah said in the name of Rabbi Meir: She was the daughter of Shem, who was a priest. Therefore, they sentenced her to be burned. [From Gen. Rabbah 85:10] ותשרף: אמר אפרים מקשאה משום רבי מאיר בתו של שם היתה, שהוא כהן, לפיכך דנוה בשרפה:
25She was taken out, and she sent to her father in law, saying, "From the man to whom these belong I am pregnant," and she said, "Please recognize whose signet ring, cloak, and staff are these?" כההִ֣וא מוּצֵ֗את וְהִ֨יא שָֽׁלְחָ֤ה אֶל־חָמִ֨יהָ֙ לֵאמֹ֔ר לְאִישׁ֙ אֲשֶׁר־אֵ֣לֶּה לּ֔וֹ אָֽנֹכִ֖י הָרָ֑ה וַתֹּ֨אמֶר֙ הַכֶּר־נָ֔א לְמִ֞י הַֽחֹתֶ֧מֶת וְהַפְּתִילִ֛ים וְהַמַּטֶּ֖ה הָאֵֽלֶּה:
She was taken out: to be burned [from targumim] הוא מוצאת: לישרף:
and she sent to her father-in-law: She did not want to embarrass him and say, “From you I am pregnant,” but, “From the man to whom these belong.” She said, “If he confesses by himself, let him confess, and if not, let them burn me, but I will not embarrass him.” From this they (our Rabbis) said,“It is better for a person to be cast into a fiery furnace than to embarrass his fellow in public.” [from Sotah 10b] והיא שלחה אל חמיה: לא רצתה להלבין פניו ולומר ממך אני מעוברת, אלא לאיש אשר אלה לו, אמרה אם יודה מעצמו, יודה, ואם לאו ישרפוני, ואל אלבין פניו. מכאן אמרו נוח לו לאדם שיפילוהו לכבשן האש ואל ילבין פני חבירו ברבים:
Please recognize: Heb. הַכֶּר-נָא. נָא is only an expression of supplication. “Please recognize your Creator and do not destroy three souls.” [from Sotah 10b, Gen. Rabbah 85:11] הכר נא: אין נא אלא לשון בקשה, הכר נא בוראך ואל תאבד שלש נפשות:
26Then Judah recognized [them], and he said, "She is right, [it is] from me, because I did not give her to my son Shelah." But he no longer continued to be intimate with her. כווַיַּכֵּ֣ר יְהוּדָ֗ה וַיֹּ֨אמֶר֙ צָֽדְקָ֣ה מִמֶּ֔נִּי כִּֽי־עַל־כֵּ֥ן לֹֽא־נְתַתִּ֖יהָ לְשֵׁלָ֣ה בְנִ֑י וְלֹֽא־יָסַ֥ף ע֖וֹד לְדַעְתָּֽהּ:
She is right: in what she said. צדקה: בדבריה:
from me: she is pregnant (Targum Onkelos). Our Sages, however, explained this midrashically to mean that a “bath-kol” came forth and declared,“From Me and from within Me these matters have emerged. Since she was modest in her father-in-law’s house, I decreed that kings should be descended from her, and from the tribe of Judah I [already] decreed to raise up kings in Israel.” [from Sotah 10b] ממני: היא מעוברת. ורבותינו ז"ל דרשו שיצאה בת קול ואמרה ממני ומאתי יצאו הדברים, לפי שהיתה צנועה בבית חמיה גזרתי שיצאו ממנה מלכים, ומשבט יהודה גזרתי להעמיד מלכים בישראל:
because I did not give her to my son Shelah: For she did this justifiably, because I did not give her to my son Shelah. [From Bereishith Rabbathi] כי על כן לא נתתיה: כי בדין עשתה, על אשר לא נתתיה לשלה בני:
But he no longer continued: Heb. וְלֹא-יָסַף. Some say: he did not continue [to know her] (Targum Onkelos), and others say: he did not cease (Sotah 10b). (A similar instance is found in connection with Eldad and Medad (Num. 11:25), [where the verse reads:] וְלֹא יָסָפוּ, they did not continue, which the Targum renders: וְלֹא פָסְקוּ, they did not cease). ולא יסף עוד: יש אומרים לא הוסיף. ויש אומרים לא פסק [וחבירו גבי אלדד ומידד (במדבר יא כה) ולא יספו, ומתרגמינן ולא פסקו]:
27And it came about at the time she was giving birth, that behold, there were twins in her womb. כזוַיְהִ֖י בְּעֵ֣ת לִדְתָּ֑הּ וְהִנֵּ֥ה תְאוֹמִ֖ים בְּבִטְנָֽהּ:
at the time she was giving birth: But concerning Rebecca, Scripture states:“And her days to give birth were completed” (Gen. 25:24). In the latter instance, the months were complete, but here they were short of full term. [From Gen. Rabbah 85:13] בעת לדתה: וברבקה הוא אומר (כב כד) וימלאו ימיה ללדת, להלן למלאים וכאן לחסרים:
behold, there were twins: This is written with the full spelling (תאוֹמִים); in the other instance, [with Rebecca,] it is written defectively (תוֹמִם), because one [child, Esau,] was wicked, but these [twins] were both righteous. [From Gen. Rabbah 85:13] והנה תאומים: מלא, ולהלן (כה כד) תומים, חסר, לפי שהאחד רשע, אבל אלו שניהם צדיקים:
28And it came about when she gave birth, that he (the infant) stretched out his hand. So the midwife took and bound a crimson thread on his hand, saying, "This one came out first." כחוַיְהִ֥י בְלִדְתָּ֖הּ וַיִּתֶּן־יָ֑ד וַתִּקַּ֣ח הַֽמְיַלֶּ֗דֶת וַתִּקְשֹׁ֨ר עַל־יָד֤וֹ שָׁנִי֙ לֵאמֹ֔ר זֶ֖ה יָצָ֥א רִֽאשֹׁנָֽה:
that he (the infant) stretched out his hand: One of them stretched his hand to the outside, and after she (the midwife) bound the crimson thread on it, he drew it back. ויתן יד: הוציא האחד ידו לחוץ, ולאחר שקשרה על ידו השני החזירה:
29And it came about, as he was drawing back his hand, behold, his brother emerged, and she said, "With what strength you have strengthened yourself!" And he (Judah) named him Perez. כטוַיְהִ֣י | כְּמֵשִׁ֣יב יָד֗וֹ וְהִנֵּה֙ יָצָ֣א אָחִ֔יו וַתֹּ֕אמֶר מַה־פָּרַ֖צְתָּ עָלֶ֣יךָ פָּ֑רֶץ וַיִּקְרָ֥א שְׁמ֖וֹ פָּֽרֶץ:
you have strengthened yourself: Heb. פָּרַצְתָּ with what strength you have strengthened yourself! [from Targum Onkelos] פרצת: חזקת עליך חוזק:
30Afterwards, his brother emerged, the one upon whose hand was the crimson thread, and he named him Zerah. לוְאַחַר֙ יָצָ֣א אָחִ֔יו אֲשֶׁ֥ר עַל־יָד֖וֹ הַשָּׁנִ֑י וַיִּקְרָ֥א שְׁמ֖וֹ זָֽרַח:
the one upon whose hand was the crimson thread: Four hands are written here, corresponding to the four devoted things (charamim) by which Achan, who was descended from him (Zerah), committed a trespass. Some say [that they] correspond to the four things that he took: a Babylonish garment, two pieces of silver weighing two hundred shekels, and a wedge of gold (Jos. 7:21) (Gen. Rabbah 85:14). אשר על ידו השני: ארבע ידות כתובות כאן כנגד ארבעה חרמים שמעל עכן שיצא ממנו. ויש אומרים כנגד ארבעה דברים שלקח, (יהושע ז כא) אדרת שנער, ושני חתיכות כסף של מאתים שקלים, ולשון זהב אחד:
and he named him Zerah: because of the shining appearance (זְרִיחַת) of the crimson. ויקרא שמו זרח: על שם זריחת מראית השני:
• Daily Tehillim: Chapters 104 - 105
• Chapter 104
This psalm tells of the beauty of creation, describing that which was created on each of the six days of creation. It proclaims the awesomeness of God Who sustains it all-from the horns of the wild ox to the eggs of the louse.
1. My soul, bless the Lord! Lord my God, You are greatly exalted; You have garbed Yourself with majesty and splendor.
2. You enwrap [Yourself] with light as with a garment; You spread the heavens as a curtain.
3. He roofs His heavens with water; He makes the clouds His chariot, He moves [them] on the wings of the wind.
4. He makes the winds His messengers, the blazing fire His servants.
5. He established the earth on its foundations, that it shall never falter.
6. The depths covered it as a garment; the waters stood above the mountains.
7. At Your exhortation they fled; at the sound of Your thunder they rushed away.
8. They ascended mountains, they flowed down valleys, to the place which You have assigned for them.
9. You set a boundary which they may not cross, so that they should not return to engulf the earth.
10. He sends forth springs into streams; they flow between the mountains.
11. They give drink to all the beasts of the field; the wild animals quench their thirst.
12. The birds of the heavens dwell beside them; they raise their voice from among the foliage.
13. He irrigates the mountains from His clouds above; the earth is satiated from the fruit of Your works.
14. He makes grass grow for the cattle, and vegetation requiring the labor of man to bring forth food from the earth;
15. and wine that gladdens man's heart, oil that makes the face shine, and bread that sustains man's heart.
16. The trees of the Lord drink their fill, the cedars of Lebanon which He planted,
17. wherein birds build their nests; the stork has her home in the cypress.
18. The high mountains are for the wild goats; the rocks are a refuge for the rabbits.
19. He made the moon to calculate the festivals; the sun knows its time of setting.
20. You bring on darkness and it is night, when all the beasts of the forest creep forth.
21. The young lions roar for prey, and seek their food from God.
22. When the sun rises, they return and lie down in their dens.
23. Then man goes out to his work, to his labor until evening.
24. How manifold are Your works, O Lord! You have made them all with wisdom; the earth is full of Your possessions.
25. This sea, vast and wide, where there are countless creeping creatures, living things small and great;
26. there ships travel, there is the Leviathan that You created to frolic therein.
27. They all look expectantly to You to give them their food at the proper time.
28. When You give it to them, they gather it; when You open Your hand, they are satiated with goodness.
29. When You conceal Your countenance, they are terrified; when You take back their spirit, they perish and return to their dust.
30. When You will send forth Your spirit they will be created anew, and You will renew the face of the earth.
31. May the glory of the Lord be forever; may the Lord find delight in His works.
32. He looks at the earth, and it trembles; He touches the mountains, and they smoke.
33. I will sing to the Lord with my soul; I will chant praise to my God with my [entire] being.
34. May my prayer be pleasant to Him; I will rejoice in the Lord.
35. May sinners cease from the earth, and the wicked be no more. Bless the Lord, O my soul! Praise the Lord!
Chapter 105
When David brought the Holy Ark up to the City of David, he composed this psalm and sang it before the Ark. He recounts all the miracles that God performed for the Jews in Egypt: sending before them Joseph, who was imprisoned, only to be liberated by God, eventually attaining the status of one who could imprison the princes of Egypt without consulting Pharaoh.
1. Offer praise to the Lord, proclaim His Name; make His deeds known among the nations.
2. Sing to Him, chant praises to Him, speak of all His wonders.
3. Glory in His holy Name; may the heart of those who seek the Lord rejoice.
4. Search for the Lord and His might; seek His countenance always.
5. Remember the wonders that He has wrought, His miracles, and the judgements of His mouth.
6. O descendants of Abraham His servant, children of Jacob, His chosen ones:
7. He is the Lord our God; His judgements extend over the entire earth.
8. He remembers His covenant forever, the word which He has commanded to a thousand generations;
9. the covenant which He made with Abraham, and His oath to Isaac.
10. He established it for Jacob as a statute, for Israel as an everlasting covenant,
11. stating, "To you I shall give the land of Canaan"-the portion of your inheritance,
12. when they were but few, very few, and strangers in it.
13. They wandered from nation to nation, from one kingdom to another people.
14. He permitted no one to wrong them, and admonished kings for their sake:
15. "Do not touch My anointed ones, and do not harm My prophets.”
16. He called for a famine upon the land; He broke every source of bread.
17. He sent a man before them; Joseph was sold as a slave.
18. They afflicted his foot with chains, his soul was put into iron;
19. until the time that His words came, the decree of the Lord purified him.
20. The king sent [word] and released him, the ruler of nations set him free.
21. He appointed him master of his house and ruler of all his possessions,
22. to imprison his princes at will, and to enlighten his elders.
23. Thus Israel came to Egypt, and Jacob sojourned in the land of Ham (Egypt).
24. He multiplied His nation greatly, and made it mightier than its adversaries.
25. He turned their hearts to hate His nation, to conspire against His servants.
26. He sent Moses, His servant; Aaron, whom He had chosen.
27. They placed among them the words of His signs, miracles in the land of Ham.
28. He sent darkness and made it dark, and they did not defy His word.
29. He transformed their waters to blood, and killed their fish.
30. Their land swarmed with frogs in the chambers of their kings.
31. He spoke, and hordes of wild beasts came, and lice throughout their borders.
32. He turned their rains to hail, flaming fire in their land;
33. it struck their vine and fig tree, it broke the trees of their borders.
34. He spoke, and grasshoppers came, locusts without number;
35. and it consumed all grass in their land, it ate the fruit of their soil.
36. Then He smote every firstborn in their land, the first of all their potency.
37. And He took them out with silver and gold, and none among His tribes stumbled.
38. Egypt rejoiced at their leaving, for the fear [of Israel] had fallen upon them.
39. He spread out a cloud for shelter, and a fire to illuminate the night.
40. [Israel] asked, and He brought quail, and with the bread of heaven He satisfied them.
41. He opened a rock and waters flowed; they streamed through dry places like a river,
42. for He remembered His holy word to Abraham His servant.
43. And He brought out His nation with joy, His chosen ones with song.
44. He gave them the lands of nations, they inherited the toil of peoples,
45. so that they might keep His statutes and observe His laws. Praise the Lord!
Tanya: Likutei Amarim, end of Compiler's Foreword
• Lessons in Tanya
• Today's Tanya Lesson
• Wednesday, 21 Kislev, 5777 · 21 December 2016
• Likutei Amarim, end of Compiler's Foreword
• אך ביודעיי ומכיריי קאמינא, הם כל אחד ואחד מאנשי שלומנו שבמדינתינו וסמוכות שלה
• Rambam - Wednesday, 21 Kislev, 5777 · 21 December 2016
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 171Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Full text of this Mitzvah »• Giving a Half Shekel
Positive Commandment 171
Translated by Berel Bell
Positive Commandment 172
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, [Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
FOOTNOTES
1.Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2.Ex. 30:12-13.
• Positive Commandment 153
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
The establishment of new months and leap years must be done during daylight hours.
A year must be comprised of complete months; a month must be comprised of complete days.
Full text of this Mitzvah »
• Calculating Months and Years
Positive Commandment 153
Translated by Berel Bell
The 153rd mitzvah is that G‑d (exalted be He) commanded us to calculate the months and years.1 This is the mitzvah of Kiddush HaChodesh (Sanctifying the Moon).
The source of this commandment is G‑d's statement2 (exalted be He), "[And G‑d said to Moshe and Aharon in the land of Egypt,] 'this month [Nissan] shall be the head month to you.' "
In their explanation of this mitzvah, the Sages said,3 "This testimony is given lochem ["you", plural]."4 The meaning of this statement: This mitzvah is not incumbent on every individual as is Shabbos, for example, where every single individual counts six days and rests on the seventh. In our case, it would mean that every individual who sees the appearance of the new moon would consider that day Rosh Chodesh [the first of the month]; Or that an individual could use the Torah-approved calculations to himself determine Rosh Chodesh; Or that he could himself estimate that the produce would not yet ripen [by Pesach]5, or consider any of the other factors6 which are used in determining [the calendar] — and then [himself declare a leap year and] add a month!
However, this mitzvah can only be performed by the Bais Din Hagadol, and only in Eretz Yisroel7. Therefore, since today there is no Bais Din HaGadol, we no longer determine the months on the basis of testimony, just as we no longer bring sacrifices because there is no Holy Temple.
The group of heretics known here in the East8 as Karaites have erred in this principle.9 Not even all of the Rabbis have grasped it, and as a result, grope around with them together in deep darkness.10
One must understand that the calculations which we use today to know11 when Rosh Chodesh and the holidays occur, may only be done in Eretz Yisroel. Only in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel, is it permissible to declare a leap year or determine Rosh Chodesh outside Eretz Yisroel — as Rabbi Akiva did, as explained in the Gemara.12 This is a very extreme measure, and it is well known that in the majority of cases, it was done only in Eretz Yisroel. They [i.e. the Sages in Eretz Yisroel] are the ones to establish the months and declare a leap year, when they gather together and use the accepted methods.
There is a very important principle upon which the Torah's perspective13 on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outside Eretz Yisroel use our system to make calculations and we declare that "this day is the first of the month," and "this day is a holiday," does not in any way mean that we are making this day based on our calculations. Rather, it is because the Bais Din in Eretz Yisroel has already established that the day is a holiday or Rosh Chodesh. The day becomes a holiday or Rosh Chodesh upon their declaration, "Today is Rosh Chodesh, or "Today is a holiday"; regardless of whether they based their actions on calculations or testimony.14
This [that the Bais Din HaGadol in Eretz Yisroel has absolute authority] is known to us through the verse15, "[Speak to the Israelites and tell them, 'These are the holidays] that you shall designate.' " Our Sages explain16, "These are the only holidays." The meaning of this statement, as passed down in the Oral Tradition: whatever they [i.e. the Bais Din] designate as holidays are considered holidays, even if they made an error, were forced [into making a declaration], or misled.
The calculations which we make today are only to know which day they established in Eretz Yisroel, since they use the exact same system to make calculations and to determine the day – not testimony. Therefore, we are really basing ourselves on their determination, rather than our own calculations, which are only used to reveal [what they already determined previously]. One must clearly understand this.
I will give some additional explanation: let us assume, for example, that there would be no Jewish inhabitants in Eretz Yisroel (G‑d forbid such a thing, since He has already promised that he will never completely wipe out or uproot the Jewish nation17); that there would be no Bais Din there, nor a Bais Din outside Eretz Yisroel which had been ordained in Eretz Yisroel. In such a case, our calculations would be totally futile,18 since we, who dwell outside Eretz Yisroel, may not make the calculations, nor declare leap years nor establish the months without the conditions mentioned above,19 since, "For from Zion shall go forth the Torah, and the word of the L‑rd from Jerusalem."20 A person who fully understands the words of the Talmud in this subject will, upon meditation, undoubtedly agree with the abovementioned.
The Torah contains brief references to the basic principles which are relied upon to know when Rosh Chodesh and the leap years occur. Among them: "This law must therefore be kept at its designated time (l'moadah)."21 Our Sages said,22 "This teaches you that one may add on to the leap year only close to the holiday" [moed, i.e. Pesach23].
They also said,24 "From which verse do we derive that only during the daytime may we officially add on to the month or officially declare Rosh Chodesh? From the verse,25 'miyamim yamimah.' "26
[So too,] G‑d's statement27 (exalted be He), "[This month shall be the head month to you; the first month] of the months of the year." On this our Sages said,28 "The year must be composed of months, not of [odd] days", meaning that when adding on to the year, a complete month must be added.29
There is also a verse,30 "a month of days." Our Sages commented,31 "the month must be composed of days, not of [odd] hours". [So too] the verse,32 "safeguard the month of Aviv,"33 which implies that in calculating the year we must take into account the seasons. Therefore, they shall be years [based not only on the moon but also] based on the sun.
All the details of this mitzvah have been completely explained in the first chapter of Sanhedrin,34 in tractate Rosh Hashanah,35 and in Berachos.
FOOTNOTES
1.The lunar month has approximately 29 1/2 days. Since, as mentioned later in this mitzvah, a month may only consist of complete days, one must determine whether a particular month has 29 or 30 days. This could be done either by witnesses, who testified that they saw the moon appear on the 30th day, or by making the astronomical calculations.
In addition, the holidays must fall out in the proper season: Pesach in the spring, etc. Since the lunar year is only 354 days and the solar year 365 days, each lunar year is 11 days short. Therefore, an additional lunar month must be periodically added in order to maintain the proper timing of the holidays.
2.Ex. 12:2.
3.Rosh Hashanah 22a.
4.I.e. to Moshe and Aharon. In later generations, it applies to the most important heads of the generation. See Rashi, ibid.
5.This would be a sign that Pesach is too early and therefore a month must be added.
6.Such as the spring solstice falling out later than the 16th of Nissan.
7.Unless there is no Sage in Eretz Yisroel of sufficient stature. See below.
8.I.e. Egypt. See Heller edition, note 10.
9.And therefore, even in the Rambam's times, they attempted to do this mitzvah by determining the calendar on the basis of testimony, each location individually. See Yad Halevi, note 8.
10.Trying to disprove the Karaites with faulty reasoning — saying, for example, that the primary mitzvah is to base everything on calculations, rather than testimony, even when the Bais Din HaGadol was in existence (unlike the Rambam's reasoning). See Kapach, 5731, note 40. The Rambam therefore proceeds to explain the function of the calculations.
11.See below for the preciseness of this wording — that today we use the calculations only to "know" what was previously established, not to ourselves establish Rosh Chodesh.
12.Berachos 63a.
13.This phrase can also be translated, "full understanding." See Kapach, 5731, note 44.
14.See note below regarding today's situation, where there is no Bais Din Hagadol in Eretz Yisroel.
15.Lev. 23:2.
16.Rosh Hashanah 25a.
17.For the source of this statement, see Tzafnas Paneach; Yermiyahu 31:35-36 and Guide to the Perplexed Part II, ch.28 (quoted in Kapach, 5731, note 51.)
18.The Ramban asks, if so, how can we have holidays and a calendar today?
However, there is a tradition (see Rashba, responsa, Vol.4, No.254) that Hillel HaNassi, in Eretz Yisroel, established a calendar until the arrival of Moshiach. Therefore, we can use our calculations to determine exactly what was previously established. According to many commentaries (see, for example, Megillas Esther; Chinuch) this is also the opinion of the Rambam. However, see Avnei Nezer, Orach Chaim, 310, 311; Maharam Shick, Mitzvah 4; Chasam Sofer, Yoreh Deah, 234.
19.I.e. in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel.
20.Yeshayahu 2:3.
21.Ex. 13:10.
22.Mechilta D'Rashbi.
23.The extra month of the leap must be an additional Adar, right before Nissan, the month of Pesach.
24.Mechilta D'Rashbi.
25.Ex. 13:10.
26.Literally, "from day to day." The standard translation of this verse, however, is "from year to year," or "every year."
27.Ex. 12:2.
28.Megilah 5a.
29.Unlike the solar leap year, where one day is added.
30.Num. 11:21.
31.Megillah 5a.
32.Deut. 16:1.
33.I.e. the spring solstice.
34.11a.
35.20a.
• Rambam - 1 Chapter: Hilchot Nizkei Mamon Hilchot Nizkei Mamon - Chapter Fourteen
• Hilchot Nizkei Mamon - Chapter Fourteen
• Shekalim - Chapter Four
• Wednesday, 21 Kislev, 5777 · 21 December 2016
• "Today's Day"
• Monday, Kislev 21, 5703
Torah lessons: Chumash: Vayeishev, Sheini with Rashi.
Tehillim: 104-105.
Tanya: Compiler's foreword (p.xii)...in the gates (she'arim) (p.xiv).
Learn Mishna by heart, each person according to his capacity, and then while walking in the street, review Mishna from memory; you will thereby merit welcoming Mashiach.
Chassidim must study Chassidus; all chassidim on Mondays, Thursdays, and Shabbat; T'mimim1 an hour every day.
FOOTNOTES
1.Former (in this context) students of Yeshivat Tomchei Tmimim, the Lubavitcher yeshiva; see Elul 15, (p. 87 in the published version).
• Daily Thought:
Greater Miracles
There will come a time, very soon, when we will be shown miracles so great, they will make the Ten Plagues and the splitting of the Red Sea appear as ordinary as nature itself.
So great, no mind can begin to fathom them;
so powerful, they will transform the very fabric of our world, elevating it in a way that the wonders of the Exodus could not achieve.
For then, our eyes will be opened and granted the power to see the greatest of miracles.
And what are those miracles?
Those that occur to us now, beneath our very noses, every day.[Maamar Kimei Tzeit’cha 5712.]
Chumash: Vayeishev, 4th Portion Genesis 38:1-38:30 with Rashi
• Genesis Chapter 38
1Now it came about at that time that Judah was demoted by his brothers, and he turned away until [he came] to an Adullamite man, named Hirah. אוַֽיְהִי֙ בָּעֵ֣ת הַהִ֔וא וַיֵּ֥רֶד יְהוּדָ֖ה מֵאֵ֣ת אֶחָ֑יו וַיֵּ֛ט עַד־אִ֥ישׁ עֲדֻלָּמִ֖י וּשְׁמ֥וֹ חִירָֽה:
Now it came about at that time: Why was this section placed here, where it interrupts the section dealing with Joseph? To teach us that his (Judah’s) brothers demoted him from his high position when they saw their father’s distress. They said, “You told [us] to sell him. Had you told [us] to return him, we would have obeyed you.” [from Tanchuma Buber, Vayeshev 8] ויהי בעת ההוא: למה נסמכה פרשה זו לכאן, והפסיק בפרשתו של יוסף, ללמד שהורידוהו אחיו מגדולתו כשראו בצרת אביהם, אמרו אתה אמרת למכרו, אלו אמרת להשיבו היינו שומעים לך:
and he turned away: from his brothers. ויט: מאת אחיו:
to an Adullamite man: He entered into a partnership with him. עד איש עדלמי: נשתתף עמו:
2And there Judah saw the daughter of a merchant named Shua, and he took her and came to her. בוַיַּרְא־שָׁ֧ם יְהוּדָ֛ה בַּת־אִ֥ישׁ כְּנַֽעֲנִ֖י וּשְׁמ֣וֹ שׁ֑וּעַ וַיִּקָּחֶ֖הָ וַיָּבֹ֥א אֵלֶֽיהָ:
merchant: Heb. כְּנַעִנִי [Onkelos renders] תַּגְרָא, a merchant. כנעני: תגרא:
3And she conceived and bore a son, and he named him Er. גוַתַּ֖הַר וַתֵּ֣לֶד בֵּ֑ן וַיִּקְרָ֥א אֶת־שְׁמ֖וֹ עֵֽר:
4And she conceived again and bore a son, and she named him Onan. דוַתַּ֥הַר ע֖וֹד וַתֵּ֣לֶד בֵּ֑ן וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ אוֹנָֽן:
5Once again she bore a son, and she named him Shelah, and he (Judah) was in Chezib when she gave birth to him. הוַתֹּ֤סֶף עוֹד֙ וַתֵּ֣לֶד בֵּ֔ן וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ שֵׁלָ֑ה וְהָיָ֥ה בִכְזִ֖יב בְּלִדְתָּ֥הּ אֹתֽוֹ:
and he (Judah) was in Chezib: The name of the place. I say, however, that it was called Chezib because she stopped giving birth; [this is] an expression similar to“You are to me as a failing spring (אַכְזָב)” (Jer. 15:18);“whose water does not fail (יְכַזְבוּ)” (Isa. 58:11). Otherwise, what does Scripture intend to tell us? Moreover, in Genesis Rabbah (85:4) I saw: And she named him Shelah… She stopped [bearing]. והיה בכזיב: שם המקום. ואומר אני על שם שפסקה מלדת נקרא כזיב, לשון (ירמיה טו יח) היו תהיה לי כמו אכזב, (ישעיה נח יא) אשר לא יכזבו מימיו, דאם לא כן מה בא להודיענו. ובבראשית רבה (פה ד) ראיתי ותקרא שמו שלה, פסקת:
6And Judah took a wife for Er, his firstborn, named Tamar. ווַיִּקַּ֧ח יְהוּדָ֛ה אִשָּׁ֖ה לְעֵ֣ר בְּכוֹר֑וֹ וּשְׁמָ֖הּ תָּמָֽר:
7Now Er, Judah's firstborn, was evil in the eyes of the Lord, and the Lord put him to death. זוַיְהִ֗י עֵ֚ר בְּכ֣וֹר יְהוּדָ֔ה רַ֖ע בְּעֵינֵ֣י יְהֹוָ֑ה וַיְמִתֵ֖הוּ יְהֹוָֽה:
was evil in the eyes of the Lord: [His evil was] like the evil of Onan, viz. that he wasted his semen, as it is written in connection with Onan: “and He put him to death also,” meaning that, as Er’s death, so was Onan’s death. Now, why should Er waste his semen? So that she (Tamar) would not become pregnant and her beauty be impaired. [From Yev. 34b] רע בעיני ה': כרעתו של אונן משחית זרעו, שנאמר באונן (פסוק י) וימת גם אותו, כמיתתו של ער מיתתו של אונן, ולמה היה ער משחית זרעו, כדי שלא תתעבר ויכחיש יפיה:
8So Judah said to Onan, "Come to your brother's wife and perform the rite of the levirate, and raise up progeny for your brother." חוַיֹּ֤אמֶר יְהוּדָה֙ לְאוֹנָ֔ן בֹּ֛א אֶל־אֵ֥שֶׁת אָחִ֖יךָ וְיַבֵּ֣ם אֹתָ֑הּ וְהָקֵ֥ם זֶ֖רַע לְאָחִֽיךָ:
and raise up progeny: The son shall be called by the name of the deceased. [From Targum Jonathan ben Uzziel] והקם זרע: הבן יקרא על שם המת:
9Now Onan knew that the progeny would not be his, and it came about, when he came to his brother's wife, he wasted [his semen] on the ground, in order not to give seed to his brother. טוַיֵּ֣דַע אוֹנָ֔ן כִּ֛י לֹּ֥א ל֖וֹ יִֽהְיֶ֣ה הַזָּ֑רַע וְהָיָ֞ה אִם־בָּ֨א אֶל־אֵ֤שֶׁת אָחִיו֙ וְשִׁחֵ֣ת אַ֔רְצָה לְבִלְתִּ֥י נְתָן־זֶ֖רַע לְאָחִֽיו:
he wasted [his semen] on the ground: He practiced coitus interruptus. [From Gen. Rabbah 85:5] ושחת ארצה: דש מבפנים וזורה מבחוץ:
10Now what he did was evil in the eyes of the Lord, and He put him to death also. יוַיֵּ֛רַע בְּעֵינֵ֥י יְהֹוָ֖ה אֲשֶׁ֣ר עָשָׂ֑ה וַיָּ֖מֶת גַּם־אֹתֽוֹ:
11Then Judah said to his daughter in law Tamar, "Remain as a widow in your father's house until my son Shelah grows up," for he said, "Lest he too die, like his brothers." So Tamar went, and she remained in her father's house. יאוַיֹּ֣אמֶר יְהוּדָה֩ לְתָמָ֨ר כַּלָּת֜וֹ שְׁבִ֧י אַלְמָנָ֣ה בֵית־אָבִ֗יךְ עַד־יִגְדַּל֙ שֵׁלָ֣ה בְנִ֔י כִּ֣י אָמַ֔ר פֶּן־יָמ֥וּת גַּם־ה֖וּא כְּאֶחָ֑יו וַתֵּ֣לֶךְ תָּמָ֔ר וַתֵּ֖שֶׁב בֵּ֥ית אָבִֽיהָ:
for he said, etc.: Meaning that he dismissed her with a straw (with a lame excuse), for he did not intend to marry her to him (Shelah). כי אמר וגו': כלומר דוחה היה אותה בקש, שלא היה בדעתו להשיאה לו:
for he said, “Lest he too die…”: This is a woman whose husbands presumably die young. [From Yev. 64b] כי אמר פן ימות: מוחזקת היא זו שימותו אנשיה:
12Many days passed, and Shua's daughter, Judah's wife, died; and Judah was consoled, and he went up [to watch] over his sheepshearers he and Hirah, his Adullamite friend to Timnah. יבוַיִּרְבּוּ֙ הַיָּמִ֔ים וַתָּ֖מָת בַּת־שׁ֣וּעַ אֵֽשֶׁת־יְהוּדָ֑ה וַיִּנָּ֣חֶם יְהוּדָ֗ה וַיַּ֜עַל עַל־גֹּֽזְזֵ֤י צֹאנוֹ֙ ה֗וּא וְחִירָ֛ה רֵעֵ֥הוּ הָֽעֲדֻלָּמִ֖י תִּמְנָֽתָה:
and he went up [to watch] over his sheepshearers: He went up to Timnah to stand over his sheepshearers [i.e. to oversee them]. ויעל על גוזזי צאנו: ויעל תמנתה לעמוד על גוזזי צאנו:
13And it was told to Tamar, saying, "Behold, your father in law is going up to Timnah to shear his sheep." יגוַיֻּגַּ֥ד לְתָמָ֖ר לֵאמֹ֑ר הִנֵּ֥ה חָמִ֛יךְ עֹלֶ֥ה תִמְנָ֖תָה לָגֹ֥ז צֹאנֽוֹ:
is going up to Timnah: In connection with Samson, however, Scripture says (Jud. 14:1):“And Samson went down to Timnah.” It was situated on a mountain slope, so that they would go up to it from here and go down to it from there. [From Sotah 10a] עולה תמנתה: ובשמשון הוא אומר (שופטים יד א) וירד שמשון תמנתה, בשפוע ההר היתה יושבת, עולין לה מכאן ויורדין לה מכאן:
14So she took off her widow's garb, covered [her head] with a veil and covered her face, and she sat down at the crossroads that were on the way to Timnah, for she saw that Shelah had grown up, but as for her she was not given to him for a wife. ידוַתָּ֩סַר֩ בִּגְדֵ֨י אַלְמְנוּתָ֜הּ מֵֽעָלֶ֗יהָ וַתְּכַ֤ס בַּצָּעִיף֙ וַתִּתְעַלָּ֔ף וַתֵּ֨שֶׁב֙ בְּפֶ֣תַח עֵינַ֔יִם אֲשֶׁ֖ר עַל־דֶּ֣רֶךְ תִּמְנָ֑תָה כִּ֤י רָֽאֲתָה֙ כִּֽי־גָדַ֣ל שֵׁלָ֔ה וְהִ֕וא לֹֽא־נִתְּנָ֥ה ל֖וֹ לְאִשָּֽׁה:
and covered her face: Heb. וַתִּתְעַלָף. She covered her face so that he would not recognize her. ותתעלף: כסתה פניה שלא יכיר בה:
at the crossroads: Heb. בְּפֶתַח עֵינַיִם, lit., at the opening of the eyes. At the crossroads, on the road to Timnah. Our Sages, however, explained it midrashically to mean, at the entrance (פֶתַח) [to the residence] of our father Abraham, which all eyes (עֵינַיִם) looked forward to see. [From Sotah 10a] ותשב בפתח עינים: בפתיחת עינים, בפרשת דרכים שעל דרך תמנתה. ורבותינו דרשו בפתחו של אברהם אבינו שכל עינים מצפות לראותו:
for she saw that Shelah had grown up, etc.: Therefore, she made herself available to Judah, for she longed to bear sons from him. כי ראתה כי גדל שלה וגו': לפיכך הפקירה עצמה אצל יהודה, שהיתה מתאוה להעמיד ממנו בנים:
15When Judah saw her, he thought she was a harlot, because she covered her face. טווַיִּרְאֶ֣הָ יְהוּדָ֔ה וַיַּחְשְׁבֶ֖הָ לְזוֹנָ֑ה כִּ֥י כִסְּתָ֖ה פָּנֶֽיהָ:
he thought she was a harlot: because she was sitting at the crossroads. ויחשבה לזונה: לפי שיושבת בפרשת דרכים:
because she covered her face: and he could not see her and recognize her. Our Sages midrashic interpretation is: because she had covered her face when she had stayed in her father-in-law’s house and she was modest. Therefore, he did not suspect her. [From Sotah 10b] כי כסתה פניה: ולא יכול לראותה ולהכירה. ומדרש רבותינו כי כסתה פניה כשהיתה בבית חמיה היתה צנועה, לפיכך לא חשדה:
16So he turned aside toward her to the road, and he said, "Get ready now, I will come to you," for he did not know that she was his daughter in law, and she said, "What will you give me that you should come to me?" טזוַיֵּ֨ט אֵלֶ֜יהָ אֶל־הַדֶּ֗רֶךְ וַיֹּ֨אמֶר֙ הָֽבָה־נָּא֙ אָב֣וֹא אֵלַ֔יִךְ כִּ֚י לֹ֣א יָדַ֔ע כִּ֥י כַלָּת֖וֹ הִ֑וא וַתֹּ֨אמֶר֙ מַה־תִּתֶּן־לִ֔י כִּ֥י תָב֖וֹא אֵלָֽי:
So he turned aside toward her to the road: From the road he was following, he turned aside to the road where she was. In Old French, destorner, to turn aside. ויט אליה אל הדרך: מדרך שהיה בה נטה אל הדרך אשר היא בה, ובלשון לע"ז דשטולי"ר [לסטות]:
“Get ready now…”: Prepare yourself and your mind for this. Every expression of הָבָה signifies preparation, except where it can be translated as an expression of giving, and even those instances [of הָבָה] meaning preparation are close to an expression of giving. הבה נא: הכיני עצמך ודעתך לכך. כל לשון הבה לשון הזמנה הוא, חוץ ממקום שיש לתרגמו בלשון נתינה, ואף אותן של הזמנה קרובים ללשון נתינה הם:
17And he said, "I will send a kid from the herd," and she said, "[Only] if you give me a pledge until you send [it]." יזוַיֹּ֕אמֶר אָֽנֹכִ֛י אֲשַׁלַּ֥ח גְּדִֽי־עִזִּ֖ים מִן־הַצֹּ֑אן וַתֹּ֕אמֶר אִם־תִּתֵּ֥ן עֵֽרָב֖וֹן עַ֥ד שָׁלְחֶֽךָ:
a pledge: Heb. עֵרָבוֹן, security. [From Targum Onkelos] ערבון: משכון:
18So he said, "What is the pledge that I should give you?" And she said, "Your signet, your cloak, and the staff that is in your hand." So he gave them to her, and he came to her, and she conceived his likeness. יחוַיֹּ֗אמֶר מָ֣ה הָעֵֽרָבוֹן֘ אֲשֶׁ֣ר אֶתֶּן־לָךְ֒ וַתֹּ֗אמֶר חֹתָֽמְךָ֙ וּפְתִילֶ֔ךָ וּמַטְּךָ֖ אֲשֶׁ֣ר בְּיָדֶ֑ךָ וַיִּֽתֶּן־לָ֛הּ וַיָּבֹ֥א אֵלֶ֖יהָ וַתַּ֥הַר לֽוֹ:
Your signet, your cloak: Heb. וּפְתִיל ֶחֹתָמְ [Onkelos renders:] עִזְקָת ָוְשׁוֹשִׁיפָ. Your ring, with which you seal, and your cloak, with which you cover yourself. חתמך ופתילך: עזקתך ושושיפך, טבעת שאתה חותם בה, ושמלתך שאתה מתכסה בה:
and she conceived his likeness: lit.,“and she conceived to him.” Mighty men like him, righteous men like him. [From Gen. Rabbah 85:9] ותהר לו: גבורים כיוצא בו, צדיקים כיוצא בו:
19Then she arose and went away, and she took off her veil, and she donned her widow's garb. יטוַתָּ֣קָם וַתֵּ֔לֶךְ וַתָּ֥סַר צְעִיפָ֖הּ מֵֽעָלֶ֑יהָ וַתִּלְבַּ֖שׁ בִּגְדֵ֥י אַלְמְנוּתָֽהּ:
20And Judah sent the kid by the hand of his Adullamite friend to take the pledge from the woman's hand, but he did not find her. כוַיִּשְׁלַ֨ח יְהוּדָ֜ה אֶת־גְּדִ֣י הָֽעִזִּ֗ים בְּיַד֙ רֵעֵ֣הוּ הָֽעֲדֻלָּמִ֔י לָקַ֥חַת הָעֵֽרָב֖וֹן מִיַּ֣ד הָֽאִשָּׁ֑ה וְלֹ֖א מְצָאָֽהּ:
21So he asked the people of the place, saying, "Where is the harlot who was at the crossroads on the way?" and they said, "No harlot was here." כאוַיִּשְׁאַ֞ל אֶת־אַנְשֵׁ֤י מְקֹמָהּ֙ לֵאמֹ֔ר אַיֵּ֧ה הַקְּדֵשָׁ֛ה הִ֥וא בָֽעֵינַ֖יִם עַל־הַדָּ֑רֶךְ וַיֹּ֣אמְר֔וּ לֹֽא־הָֽיְתָ֥ה בָזֶ֖ה קְדֵשָֽׁה:
the harlot: Heb. הַקְדֵשָׁה, prepared (מְקֻדֶשֶׁת) and ready for harlotry. הקדשה: מקודשת ומזומנת לזנות:
22So he returned to Judah, and he said, "I have not found her, and the people of the place also said, 'No harlot was here.' " כבוַיָּ֨שָׁב֙ אֶל־יְהוּדָ֔ה וַיֹּ֖אמֶר לֹ֣א מְצָאתִ֑יהָ וְגַ֨ם אַנְשֵׁ֤י הַמָּקוֹם֙ אָֽמְר֔וּ לֹא־הָֽיְתָ֥ה בָזֶ֖ה קְדֵשָֽׁה:
23So Judah said, "Let her take [them] for herself, lest we become a laughingstock. Behold, I sent this kid, but you did not find her." כגוַיֹּ֤אמֶר יְהוּדָה֙ תִּקַּח־לָ֔הּ פֶּ֖ן נִֽהְיֶ֣ה לָב֑וּז הִנֵּ֤ה שָׁלַ֨חְתִּי֙ הַגְּדִ֣י הַזֶּ֔ה וְאַתָּ֖ה לֹ֥א מְצָאתָֽהּ:
Let her take [them] for herself: Let her keep what she has. תקח לה: יהיה שלה מה שבידה:
lest we become a laughingstock: If you seek her further, the matter will become known, and it will be a disgrace, for what more am I required to do to keep my word? פן נהיה לבוז: אם תבקשנה עוד יתפרסם הדבר ויהיה גנאי, כי מה עלי לעשות עוד לאמת דברי:
Behold, I sent this kid: Since Judah had deceived his father with the kid in whose blood he immersed Joseph’s coat, he too was deceived with a kid. [From Gen. Rabbah 85:9] הנה שלחתי הגדי הזה: לפי שרימה יהודה את אביו בגדי עזים, שהטביל כתנת יוסף בדמו, רמוהו גם אותו בגדי עזים:
24Now it came about after nearly three months, that it was told to Judah, saying, "Your daughter in law Tamar has played the harlot, and behold, she is pregnant from harlotry." So Judah said, "Bring her out, and let her be burned." כדוַיְהִ֣י | כְּמִשְׁל֣שׁ חֳדָשִׁ֗ים וַיֻּגַּ֨ד לִֽיהוּדָ֤ה לֵאמֹר֨ זָֽנְתָה֙ תָּמָ֣ר כַּלָּתֶ֔ךָ וְגַ֛ם הִנֵּ֥ה הָרָ֖ה לִזְנוּנִ֑ים וַיֹּ֣אמֶר יְהוּדָ֔ה הֽוֹצִיא֖וּהָ וְתִשָּׂרֵֽף:
Now it came about after nearly three months: Heb. כְּמִשְׁלשׁ חֳדָשִׁים. The greater part of the first, the greater part of the third, and the complete middle one. The expression כְּמִשְׁלשׁ חֳדָשִׁים means, “upon the tripling of the months,” like“sending portions (מִשְׁלוֹח ַמָנוֹת)” (Esther 9:19)"[and] shall they stretch forth their hand (מִשְׁלוֹח ַיָדָם) (Isa. 11: 14) (lit., the stretching forth of their hand). And so did Onkelos render: כְּתַלְתוּת יַרְחַיָא, at the tripling of the months. [From Gen. Rabbah 85:10] כמשלש חדשים: רובו של ראשון ורובו של אחרון ואמצעי שלם, ולשון כמשלש חדשים, כהשתלש החדשים, כמו (אסתר ט כב) ומשלוח מנות, (ישעיה יא יד) משלוח ידם, וכן תרגם אונקלוס כתלתות ירחיא:
she is pregnant from harlotry: Heb. הָרָה. This is an adjective, “pregnant,” like“a pregnant (הָרָה) woman” (Exod. 21:22), and like“clear (בָּרָה) as the sun” (Song 6:10). הרה לזנונים: שם דבר, מעוברת כמו (שמות כא כב) אשה הרה, וכמו (שה"ש ו י) ברה כחמה:
and let her be burned: Ephraim Miksha’ah said in the name of Rabbi Meir: She was the daughter of Shem, who was a priest. Therefore, they sentenced her to be burned. [From Gen. Rabbah 85:10] ותשרף: אמר אפרים מקשאה משום רבי מאיר בתו של שם היתה, שהוא כהן, לפיכך דנוה בשרפה:
25She was taken out, and she sent to her father in law, saying, "From the man to whom these belong I am pregnant," and she said, "Please recognize whose signet ring, cloak, and staff are these?" כההִ֣וא מוּצֵ֗את וְהִ֨יא שָֽׁלְחָ֤ה אֶל־חָמִ֨יהָ֙ לֵאמֹ֔ר לְאִישׁ֙ אֲשֶׁר־אֵ֣לֶּה לּ֔וֹ אָֽנֹכִ֖י הָרָ֑ה וַתֹּ֨אמֶר֙ הַכֶּר־נָ֔א לְמִ֞י הַֽחֹתֶ֧מֶת וְהַפְּתִילִ֛ים וְהַמַּטֶּ֖ה הָאֵֽלֶּה:
She was taken out: to be burned [from targumim] הוא מוצאת: לישרף:
and she sent to her father-in-law: She did not want to embarrass him and say, “From you I am pregnant,” but, “From the man to whom these belong.” She said, “If he confesses by himself, let him confess, and if not, let them burn me, but I will not embarrass him.” From this they (our Rabbis) said,“It is better for a person to be cast into a fiery furnace than to embarrass his fellow in public.” [from Sotah 10b] והיא שלחה אל חמיה: לא רצתה להלבין פניו ולומר ממך אני מעוברת, אלא לאיש אשר אלה לו, אמרה אם יודה מעצמו, יודה, ואם לאו ישרפוני, ואל אלבין פניו. מכאן אמרו נוח לו לאדם שיפילוהו לכבשן האש ואל ילבין פני חבירו ברבים:
Please recognize: Heb. הַכֶּר-נָא. נָא is only an expression of supplication. “Please recognize your Creator and do not destroy three souls.” [from Sotah 10b, Gen. Rabbah 85:11] הכר נא: אין נא אלא לשון בקשה, הכר נא בוראך ואל תאבד שלש נפשות:
26Then Judah recognized [them], and he said, "She is right, [it is] from me, because I did not give her to my son Shelah." But he no longer continued to be intimate with her. כווַיַּכֵּ֣ר יְהוּדָ֗ה וַיֹּ֨אמֶר֙ צָֽדְקָ֣ה מִמֶּ֔נִּי כִּֽי־עַל־כֵּ֥ן לֹֽא־נְתַתִּ֖יהָ לְשֵׁלָ֣ה בְנִ֑י וְלֹֽא־יָסַ֥ף ע֖וֹד לְדַעְתָּֽהּ:
She is right: in what she said. צדקה: בדבריה:
from me: she is pregnant (Targum Onkelos). Our Sages, however, explained this midrashically to mean that a “bath-kol” came forth and declared,“From Me and from within Me these matters have emerged. Since she was modest in her father-in-law’s house, I decreed that kings should be descended from her, and from the tribe of Judah I [already] decreed to raise up kings in Israel.” [from Sotah 10b] ממני: היא מעוברת. ורבותינו ז"ל דרשו שיצאה בת קול ואמרה ממני ומאתי יצאו הדברים, לפי שהיתה צנועה בבית חמיה גזרתי שיצאו ממנה מלכים, ומשבט יהודה גזרתי להעמיד מלכים בישראל:
because I did not give her to my son Shelah: For she did this justifiably, because I did not give her to my son Shelah. [From Bereishith Rabbathi] כי על כן לא נתתיה: כי בדין עשתה, על אשר לא נתתיה לשלה בני:
But he no longer continued: Heb. וְלֹא-יָסַף. Some say: he did not continue [to know her] (Targum Onkelos), and others say: he did not cease (Sotah 10b). (A similar instance is found in connection with Eldad and Medad (Num. 11:25), [where the verse reads:] וְלֹא יָסָפוּ, they did not continue, which the Targum renders: וְלֹא פָסְקוּ, they did not cease). ולא יסף עוד: יש אומרים לא הוסיף. ויש אומרים לא פסק [וחבירו גבי אלדד ומידד (במדבר יא כה) ולא יספו, ומתרגמינן ולא פסקו]:
27And it came about at the time she was giving birth, that behold, there were twins in her womb. כזוַיְהִ֖י בְּעֵ֣ת לִדְתָּ֑הּ וְהִנֵּ֥ה תְאוֹמִ֖ים בְּבִטְנָֽהּ:
at the time she was giving birth: But concerning Rebecca, Scripture states:“And her days to give birth were completed” (Gen. 25:24). In the latter instance, the months were complete, but here they were short of full term. [From Gen. Rabbah 85:13] בעת לדתה: וברבקה הוא אומר (כב כד) וימלאו ימיה ללדת, להלן למלאים וכאן לחסרים:
behold, there were twins: This is written with the full spelling (תאוֹמִים); in the other instance, [with Rebecca,] it is written defectively (תוֹמִם), because one [child, Esau,] was wicked, but these [twins] were both righteous. [From Gen. Rabbah 85:13] והנה תאומים: מלא, ולהלן (כה כד) תומים, חסר, לפי שהאחד רשע, אבל אלו שניהם צדיקים:
28And it came about when she gave birth, that he (the infant) stretched out his hand. So the midwife took and bound a crimson thread on his hand, saying, "This one came out first." כחוַיְהִ֥י בְלִדְתָּ֖הּ וַיִּתֶּן־יָ֑ד וַתִּקַּ֣ח הַֽמְיַלֶּ֗דֶת וַתִּקְשֹׁ֨ר עַל־יָד֤וֹ שָׁנִי֙ לֵאמֹ֔ר זֶ֖ה יָצָ֥א רִֽאשֹׁנָֽה:
that he (the infant) stretched out his hand: One of them stretched his hand to the outside, and after she (the midwife) bound the crimson thread on it, he drew it back. ויתן יד: הוציא האחד ידו לחוץ, ולאחר שקשרה על ידו השני החזירה:
29And it came about, as he was drawing back his hand, behold, his brother emerged, and she said, "With what strength you have strengthened yourself!" And he (Judah) named him Perez. כטוַיְהִ֣י | כְּמֵשִׁ֣יב יָד֗וֹ וְהִנֵּה֙ יָצָ֣א אָחִ֔יו וַתֹּ֕אמֶר מַה־פָּרַ֖צְתָּ עָלֶ֣יךָ פָּ֑רֶץ וַיִּקְרָ֥א שְׁמ֖וֹ פָּֽרֶץ:
you have strengthened yourself: Heb. פָּרַצְתָּ with what strength you have strengthened yourself! [from Targum Onkelos] פרצת: חזקת עליך חוזק:
30Afterwards, his brother emerged, the one upon whose hand was the crimson thread, and he named him Zerah. לוְאַחַר֙ יָצָ֣א אָחִ֔יו אֲשֶׁ֥ר עַל־יָד֖וֹ הַשָּׁנִ֑י וַיִּקְרָ֥א שְׁמ֖וֹ זָֽרַח:
the one upon whose hand was the crimson thread: Four hands are written here, corresponding to the four devoted things (charamim) by which Achan, who was descended from him (Zerah), committed a trespass. Some say [that they] correspond to the four things that he took: a Babylonish garment, two pieces of silver weighing two hundred shekels, and a wedge of gold (Jos. 7:21) (Gen. Rabbah 85:14). אשר על ידו השני: ארבע ידות כתובות כאן כנגד ארבעה חרמים שמעל עכן שיצא ממנו. ויש אומרים כנגד ארבעה דברים שלקח, (יהושע ז כא) אדרת שנער, ושני חתיכות כסף של מאתים שקלים, ולשון זהב אחד:
and he named him Zerah: because of the shining appearance (זְרִיחַת) of the crimson. ויקרא שמו זרח: על שם זריחת מראית השני:
• Daily Tehillim: Chapters 104 - 105
• Chapter 104
This psalm tells of the beauty of creation, describing that which was created on each of the six days of creation. It proclaims the awesomeness of God Who sustains it all-from the horns of the wild ox to the eggs of the louse.
1. My soul, bless the Lord! Lord my God, You are greatly exalted; You have garbed Yourself with majesty and splendor.
2. You enwrap [Yourself] with light as with a garment; You spread the heavens as a curtain.
3. He roofs His heavens with water; He makes the clouds His chariot, He moves [them] on the wings of the wind.
4. He makes the winds His messengers, the blazing fire His servants.
5. He established the earth on its foundations, that it shall never falter.
6. The depths covered it as a garment; the waters stood above the mountains.
7. At Your exhortation they fled; at the sound of Your thunder they rushed away.
8. They ascended mountains, they flowed down valleys, to the place which You have assigned for them.
9. You set a boundary which they may not cross, so that they should not return to engulf the earth.
10. He sends forth springs into streams; they flow between the mountains.
11. They give drink to all the beasts of the field; the wild animals quench their thirst.
12. The birds of the heavens dwell beside them; they raise their voice from among the foliage.
13. He irrigates the mountains from His clouds above; the earth is satiated from the fruit of Your works.
14. He makes grass grow for the cattle, and vegetation requiring the labor of man to bring forth food from the earth;
15. and wine that gladdens man's heart, oil that makes the face shine, and bread that sustains man's heart.
16. The trees of the Lord drink their fill, the cedars of Lebanon which He planted,
17. wherein birds build their nests; the stork has her home in the cypress.
18. The high mountains are for the wild goats; the rocks are a refuge for the rabbits.
19. He made the moon to calculate the festivals; the sun knows its time of setting.
20. You bring on darkness and it is night, when all the beasts of the forest creep forth.
21. The young lions roar for prey, and seek their food from God.
22. When the sun rises, they return and lie down in their dens.
23. Then man goes out to his work, to his labor until evening.
24. How manifold are Your works, O Lord! You have made them all with wisdom; the earth is full of Your possessions.
25. This sea, vast and wide, where there are countless creeping creatures, living things small and great;
26. there ships travel, there is the Leviathan that You created to frolic therein.
27. They all look expectantly to You to give them their food at the proper time.
28. When You give it to them, they gather it; when You open Your hand, they are satiated with goodness.
29. When You conceal Your countenance, they are terrified; when You take back their spirit, they perish and return to their dust.
30. When You will send forth Your spirit they will be created anew, and You will renew the face of the earth.
31. May the glory of the Lord be forever; may the Lord find delight in His works.
32. He looks at the earth, and it trembles; He touches the mountains, and they smoke.
33. I will sing to the Lord with my soul; I will chant praise to my God with my [entire] being.
34. May my prayer be pleasant to Him; I will rejoice in the Lord.
35. May sinners cease from the earth, and the wicked be no more. Bless the Lord, O my soul! Praise the Lord!
Chapter 105
When David brought the Holy Ark up to the City of David, he composed this psalm and sang it before the Ark. He recounts all the miracles that God performed for the Jews in Egypt: sending before them Joseph, who was imprisoned, only to be liberated by God, eventually attaining the status of one who could imprison the princes of Egypt without consulting Pharaoh.
1. Offer praise to the Lord, proclaim His Name; make His deeds known among the nations.
2. Sing to Him, chant praises to Him, speak of all His wonders.
3. Glory in His holy Name; may the heart of those who seek the Lord rejoice.
4. Search for the Lord and His might; seek His countenance always.
5. Remember the wonders that He has wrought, His miracles, and the judgements of His mouth.
6. O descendants of Abraham His servant, children of Jacob, His chosen ones:
7. He is the Lord our God; His judgements extend over the entire earth.
8. He remembers His covenant forever, the word which He has commanded to a thousand generations;
9. the covenant which He made with Abraham, and His oath to Isaac.
10. He established it for Jacob as a statute, for Israel as an everlasting covenant,
11. stating, "To you I shall give the land of Canaan"-the portion of your inheritance,
12. when they were but few, very few, and strangers in it.
13. They wandered from nation to nation, from one kingdom to another people.
14. He permitted no one to wrong them, and admonished kings for their sake:
15. "Do not touch My anointed ones, and do not harm My prophets.”
16. He called for a famine upon the land; He broke every source of bread.
17. He sent a man before them; Joseph was sold as a slave.
18. They afflicted his foot with chains, his soul was put into iron;
19. until the time that His words came, the decree of the Lord purified him.
20. The king sent [word] and released him, the ruler of nations set him free.
21. He appointed him master of his house and ruler of all his possessions,
22. to imprison his princes at will, and to enlighten his elders.
23. Thus Israel came to Egypt, and Jacob sojourned in the land of Ham (Egypt).
24. He multiplied His nation greatly, and made it mightier than its adversaries.
25. He turned their hearts to hate His nation, to conspire against His servants.
26. He sent Moses, His servant; Aaron, whom He had chosen.
27. They placed among them the words of His signs, miracles in the land of Ham.
28. He sent darkness and made it dark, and they did not defy His word.
29. He transformed their waters to blood, and killed their fish.
30. Their land swarmed with frogs in the chambers of their kings.
31. He spoke, and hordes of wild beasts came, and lice throughout their borders.
32. He turned their rains to hail, flaming fire in their land;
33. it struck their vine and fig tree, it broke the trees of their borders.
34. He spoke, and grasshoppers came, locusts without number;
35. and it consumed all grass in their land, it ate the fruit of their soil.
36. Then He smote every firstborn in their land, the first of all their potency.
37. And He took them out with silver and gold, and none among His tribes stumbled.
38. Egypt rejoiced at their leaving, for the fear [of Israel] had fallen upon them.
39. He spread out a cloud for shelter, and a fire to illuminate the night.
40. [Israel] asked, and He brought quail, and with the bread of heaven He satisfied them.
41. He opened a rock and waters flowed; they streamed through dry places like a river,
42. for He remembered His holy word to Abraham His servant.
43. And He brought out His nation with joy, His chosen ones with song.
44. He gave them the lands of nations, they inherited the toil of peoples,
45. so that they might keep His statutes and observe His laws. Praise the Lord!
Tanya: Likutei Amarim, end of Compiler's Foreword
• Lessons in Tanya
• Today's Tanya Lesson
• Wednesday, 21 Kislev, 5777 · 21 December 2016
• Likutei Amarim, end of Compiler's Foreword
• אך ביודעיי ומכיריי קאמינא, הם כל אחד ואחד מאנשי שלומנו שבמדינתינו וסמוכות שלה
I speak, however, of those who know me well, each and every one of Anash of our country and those countries nearby,
אשר היה הדיבור של חיבה מצוי בינינו
with whom affectionate words were often exchanged in private audience,
וגילו לפני כל תעלומות לבם ומוחם בעבודת ה׳ התלויה בלב
and who revealed to me all the hidden recesses of their heart and mind in matters related to the service of G‑d which is dependent on the heart.
אליהם תטוף מלתי, ולשוני עט סופר, בקונטרסים אלו הנקראים בשם לקוטי אמרים
To them shall my words seep through, and1 my tongue shall take the form of a scribe’s pen, in these pamphlets entitled Likutei Amarim (“A Compilation of Teachings”),
מלוקטים מפי ספרים ומפי סופרים קדושי עליון נשמתם עדן, המפורסמים אצלינו
being compiled from books and teachers, heavenly saints, who are well known to us.
The “books and teachers” alluded to have been explained above, in the comments on the title page.
וקצת מהן נרמזין לחכימין באגרות הקדש מרבותינו שבארצנו הקדושה, תובב״א
Some of these teachings, the wise (for whom “a hint is sufficient”) will find alluded to in the sacred letters of our teachers in the Holy Land.
As mentioned above, the Alter Rebbe considered certain senior disciples of the Maggid of Mezritch as his mentors, especially Rabbi Mendel of Vitebsk, who then resided in Eretz Yisrael.
וקצתם שמעתי מפיהם הקדוש בהיותם פה עמנו
Some of them I heard from their saintly mouth when they were here with us before they moved to Eretz Yisrael.
וכולם הן תשובות על שאלות רבות אשר שואלין בעצה כל אנשי שלומינו דמדינתינו תמיד
All of them are answers to many questions posed continually by Anash of our country seeking advice,
כל אחד לפי ערכו
each according to his stature in the service of G‑d,
לשית עצות בנפשם בעבודת ה׳
so as to receive guidance for themselves in the service of G‑d,
להיות כי אין הזמן גרמא עוד להשיב לכל אחד ואחד על שאלתו בפרטות
because time no longer permits [me] to reply to everyone individually on his particular query,
וגם השכחה מצויה
and also because forgetfulness is common.
על כן רשמתי כל התשובות על כל השאלות
I have therefore recorded all the replies to all the questions,
למשמרת לאות, להיות לכל אחד ואחד לזכרון בין עיניו
to be preserved as a sign, and to serve as a reminder in everyone’s mind.2
ולא ידחוק עוד ליכנם לדבר עמי ביחידות
No longer will one need to press for a private audience,
כי בהן ימצא מרגוע לנפשו ועצה נכונה לכל דבר הקשה עליו בעבודת ה׳,
for in these Likutei Amarim one will find tranquillity for his soul, and true counsel on everything that he finds difficult in the service of G‑d.
ונכון יהיה לבו בטוח בה׳ גומר בעדינו
Thus his heart will be firmly secure in G‑d who completes and perfects everything for us.
ומי שדעתו קצרה להבין דבר עצה מתוך קונטריסים אלו
He whose mind is too limited to understand how to derive advice from these pamphlets,
יפרש שיחתו לפני הגדולים שבעירו, והם יבוננהו
let him discuss his problem with the foremost scholars of his town and they will enlighten him.
ואליהם בקשתי שלא לשום יד לפה
Of [these scholars] I request that they not lay their hand upon their mouth, i.e., not to keep silent when asked for advice, for fear of appearing to be proud in their knowledge,
להתנהג בענוה ושפלות של שקר, חס ושלום
to conduct themselves with false modesty and humility — for misplaced modesty is falsehood.
וכנודע עונש המר על מונע בר
It is well known how bitter is the punishment of him who3 “withholds food,“ i.e., who withholds Torah knowledge from him who seeks it,
וגודל השכר, ממאמר רז״ל על פסוק: מאיר עיני שניהם ה׳
and also how great is the reward granted to one who provides such knowledge. This is well known from the comment of our Sages4 on the verse,5 “G‑d enlightens the eyes of them both.“
The verse reads, “The pauper and the wealthy man meet; G‑d enlightens the eyes of them both.” The Gemara applies this to a pauper in Torah knowledge and to one who is wealthy in Torah. When they meet, and the wealthy one teaches the pauper, G‑d enlightens the eyes of both of them — with a light that transcends them both.
כי יאיר ה׳ פניו אליהם, אור פני מלך חיים
Thus G‑d will cause His face to shine upon them, with the light of the countenance of the King [which provides] life.
ומחיה חיים יזכנו ויחיינו לימים אשר לא ילמדו עוד איש את רעהו וגו׳ כי כולם ידעו אותי
May He who provides life to the living grant us the privilege of living to see the days when6 “no longer will one man teach another... [to know Me], for they will all know Me, [... from the smallest to the greatest-,“
כי מלאה האר׳ דעה את ה׳ וגו׳
7“for the knowledge of G‑d will fill the earth as the waters fill the sea.”
אמן כן יהי רצון
Amen. May this be His Will.
* * *
והנה אחר שנתפשטו הקונטריסים הנ״ל בקרב כל אנ״ש הנ״ל בהעתקות רבות מידי סופרים שונים ומשונים
As the aforementioned pamphlets have been distributed among all the Anash mentioned above, by means of numerous transcriptions at the hands of sundry and diverse copyists,
הנה על ידי ריבוי ההעתקות שונות רבו כמו רבו הטעויות סופרים במאוד מאוד
the multitude of transcriptions has given rise to an exceedingly great number of textual errors.
As mentioned above, the words “sundry and diverse (copyists)” may well allude to two kinds of errors — the intentional as well as the innocent.
ולזאת נדבה רוחם של אנשים אפרתים הנקובים הנ״ל מעבר לדף לטרוח בגופם ומאודם
Therefore the spirit of the noble men mentioned on the previous page8 has generously moved them to make a personal and financial effort
להביא את קונטריסים הנ״ל לבית הדפוס, מנוקים מכל סיג וטעות סופר ומוגהים היטב
to have these pamphlets published, cleared of all dross and copyists‘ errors (— another possible allusion to the two types of errors mentioned above, with “dross” representing the forgeries), and thoroughly checked.
ואמינא לפעלא טבא יישר חילא
I congratulate them on this worthy deed.
ולהיות כי מקרא מלא דבר הכתוב: ארור מסיג גבול רעהו
Inasmuch as the verse states explicitly,9 “Cursed be he who encroaches on his fellow’s border,”
וארור בו קללה בו נידוי, חס ושלום וכו׳
and where the expression “cursed” is used, it implies both damnation and excommunication,10 G‑d preserve us, it is actually superfluous to add any further prohibition on violating the copyright of the publishers.
על כן כיהודא ועוד לקרא קאתינא
I come therefore only to reinforce the words of Scripture as [the Talmud cites] a mere practice in Judah in order to reinforce an explicit Scriptural statement,11
למשדי גודא רבא על כל המדפיסים, שלא להדפיס קונטריסים הנ״ל לא על ידי עצמן ולא על ידי גירא דלהון
invoking a strict prohibition on all publishers against printing these pamphlets, either themselves or through their agents,
בלתי רשות הנקובים הנ״ל
without the permission of the above-named,
משך חמש שנים מיום כלות הדפוס
for a period of five years from the day that this printing is completed.12
ולשומעים יונעם ותבוא עליהם ברכת טוב
May it be pleasant for those who comply, and may they be blessed with good.
כה דברי המלקט לקוטי אמרים הנ״ל
These are the words of the compiler of the aforementioned Likutei Amarim.
——— ● ———
| FOOTNOTES | |
| 1. | Tehillim 45:2. |
| 2. | As in the expression concerning the tefillin (Shmot 13:9): “They shall be for you as a reminder between your eyes.” |
| 3. | See Sanhedrin 91b on Mishlei 11:26. |
| 4. | See Temurah 16a on Mishlei 29:13. |
| 5. | Mishlei 29:13. |
| 6. | Yirmeyahu 31:33. |
| 7. | Yeshayahu 11:9. |
| 8. | Referring to the partners R. Shalom Shachna and R. Mordechai; see approbation of Rabbi Zusya of Anipoli and footnote 11 there. |
| 9. | Devarim 27:17. |
| 10. | Shevuot 36a (in inverted order); and Rambam, Yad, Hilchot Sanhedrin 26:3. |
| 11. | Kiddushin 6a. |
| 12. | As above, in the approbations: Tuesday, Parshat Ki Tavo, 5556. |
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 171Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Full text of this Mitzvah »• Giving a Half Shekel
Positive Commandment 171
Translated by Berel Bell
Positive Commandment 172
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, [Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
FOOTNOTES
1.Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2.Ex. 30:12-13.
• Positive Commandment 153
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
The establishment of new months and leap years must be done during daylight hours.
A year must be comprised of complete months; a month must be comprised of complete days.
Full text of this Mitzvah »
• Calculating Months and Years
Positive Commandment 153
Translated by Berel Bell
The 153rd mitzvah is that G‑d (exalted be He) commanded us to calculate the months and years.1 This is the mitzvah of Kiddush HaChodesh (Sanctifying the Moon).
The source of this commandment is G‑d's statement2 (exalted be He), "[And G‑d said to Moshe and Aharon in the land of Egypt,] 'this month [Nissan] shall be the head month to you.' "
In their explanation of this mitzvah, the Sages said,3 "This testimony is given lochem ["you", plural]."4 The meaning of this statement: This mitzvah is not incumbent on every individual as is Shabbos, for example, where every single individual counts six days and rests on the seventh. In our case, it would mean that every individual who sees the appearance of the new moon would consider that day Rosh Chodesh [the first of the month]; Or that an individual could use the Torah-approved calculations to himself determine Rosh Chodesh; Or that he could himself estimate that the produce would not yet ripen [by Pesach]5, or consider any of the other factors6 which are used in determining [the calendar] — and then [himself declare a leap year and] add a month!
However, this mitzvah can only be performed by the Bais Din Hagadol, and only in Eretz Yisroel7. Therefore, since today there is no Bais Din HaGadol, we no longer determine the months on the basis of testimony, just as we no longer bring sacrifices because there is no Holy Temple.
The group of heretics known here in the East8 as Karaites have erred in this principle.9 Not even all of the Rabbis have grasped it, and as a result, grope around with them together in deep darkness.10
One must understand that the calculations which we use today to know11 when Rosh Chodesh and the holidays occur, may only be done in Eretz Yisroel. Only in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel, is it permissible to declare a leap year or determine Rosh Chodesh outside Eretz Yisroel — as Rabbi Akiva did, as explained in the Gemara.12 This is a very extreme measure, and it is well known that in the majority of cases, it was done only in Eretz Yisroel. They [i.e. the Sages in Eretz Yisroel] are the ones to establish the months and declare a leap year, when they gather together and use the accepted methods.
There is a very important principle upon which the Torah's perspective13 on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outside Eretz Yisroel use our system to make calculations and we declare that "this day is the first of the month," and "this day is a holiday," does not in any way mean that we are making this day based on our calculations. Rather, it is because the Bais Din in Eretz Yisroel has already established that the day is a holiday or Rosh Chodesh. The day becomes a holiday or Rosh Chodesh upon their declaration, "Today is Rosh Chodesh, or "Today is a holiday"; regardless of whether they based their actions on calculations or testimony.14
This [that the Bais Din HaGadol in Eretz Yisroel has absolute authority] is known to us through the verse15, "[Speak to the Israelites and tell them, 'These are the holidays] that you shall designate.' " Our Sages explain16, "These are the only holidays." The meaning of this statement, as passed down in the Oral Tradition: whatever they [i.e. the Bais Din] designate as holidays are considered holidays, even if they made an error, were forced [into making a declaration], or misled.
The calculations which we make today are only to know which day they established in Eretz Yisroel, since they use the exact same system to make calculations and to determine the day – not testimony. Therefore, we are really basing ourselves on their determination, rather than our own calculations, which are only used to reveal [what they already determined previously]. One must clearly understand this.
I will give some additional explanation: let us assume, for example, that there would be no Jewish inhabitants in Eretz Yisroel (G‑d forbid such a thing, since He has already promised that he will never completely wipe out or uproot the Jewish nation17); that there would be no Bais Din there, nor a Bais Din outside Eretz Yisroel which had been ordained in Eretz Yisroel. In such a case, our calculations would be totally futile,18 since we, who dwell outside Eretz Yisroel, may not make the calculations, nor declare leap years nor establish the months without the conditions mentioned above,19 since, "For from Zion shall go forth the Torah, and the word of the L‑rd from Jerusalem."20 A person who fully understands the words of the Talmud in this subject will, upon meditation, undoubtedly agree with the abovementioned.
The Torah contains brief references to the basic principles which are relied upon to know when Rosh Chodesh and the leap years occur. Among them: "This law must therefore be kept at its designated time (l'moadah)."21 Our Sages said,22 "This teaches you that one may add on to the leap year only close to the holiday" [moed, i.e. Pesach23].
They also said,24 "From which verse do we derive that only during the daytime may we officially add on to the month or officially declare Rosh Chodesh? From the verse,25 'miyamim yamimah.' "26
[So too,] G‑d's statement27 (exalted be He), "[This month shall be the head month to you; the first month] of the months of the year." On this our Sages said,28 "The year must be composed of months, not of [odd] days", meaning that when adding on to the year, a complete month must be added.29
There is also a verse,30 "a month of days." Our Sages commented,31 "the month must be composed of days, not of [odd] hours". [So too] the verse,32 "safeguard the month of Aviv,"33 which implies that in calculating the year we must take into account the seasons. Therefore, they shall be years [based not only on the moon but also] based on the sun.
All the details of this mitzvah have been completely explained in the first chapter of Sanhedrin,34 in tractate Rosh Hashanah,35 and in Berachos.
FOOTNOTES
1.The lunar month has approximately 29 1/2 days. Since, as mentioned later in this mitzvah, a month may only consist of complete days, one must determine whether a particular month has 29 or 30 days. This could be done either by witnesses, who testified that they saw the moon appear on the 30th day, or by making the astronomical calculations.
In addition, the holidays must fall out in the proper season: Pesach in the spring, etc. Since the lunar year is only 354 days and the solar year 365 days, each lunar year is 11 days short. Therefore, an additional lunar month must be periodically added in order to maintain the proper timing of the holidays.
2.Ex. 12:2.
3.Rosh Hashanah 22a.
4.I.e. to Moshe and Aharon. In later generations, it applies to the most important heads of the generation. See Rashi, ibid.
5.This would be a sign that Pesach is too early and therefore a month must be added.
6.Such as the spring solstice falling out later than the 16th of Nissan.
7.Unless there is no Sage in Eretz Yisroel of sufficient stature. See below.
8.I.e. Egypt. See Heller edition, note 10.
9.And therefore, even in the Rambam's times, they attempted to do this mitzvah by determining the calendar on the basis of testimony, each location individually. See Yad Halevi, note 8.
10.Trying to disprove the Karaites with faulty reasoning — saying, for example, that the primary mitzvah is to base everything on calculations, rather than testimony, even when the Bais Din HaGadol was in existence (unlike the Rambam's reasoning). See Kapach, 5731, note 40. The Rambam therefore proceeds to explain the function of the calculations.
11.See below for the preciseness of this wording — that today we use the calculations only to "know" what was previously established, not to ourselves establish Rosh Chodesh.
12.Berachos 63a.
13.This phrase can also be translated, "full understanding." See Kapach, 5731, note 44.
14.See note below regarding today's situation, where there is no Bais Din Hagadol in Eretz Yisroel.
15.Lev. 23:2.
16.Rosh Hashanah 25a.
17.For the source of this statement, see Tzafnas Paneach; Yermiyahu 31:35-36 and Guide to the Perplexed Part II, ch.28 (quoted in Kapach, 5731, note 51.)
18.The Ramban asks, if so, how can we have holidays and a calendar today?
However, there is a tradition (see Rashba, responsa, Vol.4, No.254) that Hillel HaNassi, in Eretz Yisroel, established a calendar until the arrival of Moshiach. Therefore, we can use our calculations to determine exactly what was previously established. According to many commentaries (see, for example, Megillas Esther; Chinuch) this is also the opinion of the Rambam. However, see Avnei Nezer, Orach Chaim, 310, 311; Maharam Shick, Mitzvah 4; Chasam Sofer, Yoreh Deah, 234.
19.I.e. in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel.
20.Yeshayahu 2:3.
21.Ex. 13:10.
22.Mechilta D'Rashbi.
23.The extra month of the leap must be an additional Adar, right before Nissan, the month of Pesach.
24.Mechilta D'Rashbi.
25.Ex. 13:10.
26.Literally, "from day to day." The standard translation of this verse, however, is "from year to year," or "every year."
27.Ex. 12:2.
28.Megilah 5a.
29.Unlike the solar leap year, where one day is added.
30.Num. 11:21.
31.Megillah 5a.
32.Deut. 16:1.
33.I.e. the spring solstice.
34.11a.
35.20a.
• Rambam - 1 Chapter: Hilchot Nizkei Mamon Hilchot Nizkei Mamon - Chapter Fourteen
• Hilchot Nizkei Mamon - Chapter Fourteen
1
When a person kindles a fire in a field belonging to someone else1 and the fire spreads and causes damage, [the person who kindled it] is liable to pay the full extent of the damages,2 as [Exodus 22:5] states: "When a fire spreads through thorns and consumes bound or standing grain..., [the one who started the fire] must pay." Kindling a fire is considered one of the major categories of sources of damage.3
א
המדליק בתוך שדה חבירו ועברה הדליקה [והזיקה] חייב לשלם נזק שלם שנאמר כי תצא אש ומצאה קוצים ונאכל גדיש או הקמה וגו' שלם ישלם המבעיר וגו'. והבעירה מאבות נזיקין היא.
2
When a person kindles [a fire] on his own property, he must retreat a sufficient distance from his boundary to ensure that the fire will not spread to a field belonging to a colleague.4 How far must he move? Everything depends on the height of the fire.5 If he did not retreat an adequate distance and the fire spread and caused damage, he is liable to pay the full extent of the damages. If he retreated an appropriate distance, and [the fire] nevertheless spread and caused damage, he is not liable. This is considered an act of heaven. Similarly, if [the fire] crossed a stream6 or a pond of rainwater that was [at least] eight cubits wide, [the person who kindled the fire] is not liable.7
ב
הדליק בתוך רשותו צריך להרחיק מסוף המצר כדי שלא תעבור הדליקה לשדה חבירו. וכמה שיעור ההרחקה הכל לפי גובה הדליקה. [א] ואם לא הרחיק כראוי ועברה האש והזיקה חייב לשלם נזק שלם. הרחיק כראוי ועברה והזיקה פטור שזו מכה בידי שמים היא. וכן אם עברה נהר או שלולית שיש בהן מים ורחבן שמונה אמות פטור:
3
If the fire passed a wall, we measure the height of the wall and the height of the fire and the amount of foliage8 and bramble found there.9 If the fire was not of sufficient size to pass the wall ordinarily, he is not liable. If it is large enough, he is liable. When does the above apply? To a piercing flame].10 If, however, the flame ascends upward and warps downward because of the height of the flame, and there were trees11 there, we do not make an estimation. Even if the fire spread for 1000 cubits, [the person who kindled it] is liable.12
ג
עברה גדר אומדין גובה הגדר וגובה הדליקה והעצים או הקוצים המצויין שם אם אינה ראויה לעבור פטור ואם ראויה לעבור חייב. במה דברים אמורים באש [ב] הקודחת אבל אם היה לה להב גדול העולה ונכפף מגובה עליית הלהב והיו עצים מצויין שם אין לה אומד אלא אפילו עברה אלף אמה חייב.
4
[The following rules apply when] a fire breaks out in a person's domain,13 and his wall falls from causes other than the fire.14 If he had had the opportunity to rebuild the wall that fell, and he neglected to do so, he is liable. To what can the matter be compared?15 To a person's ox that broke loose16 and caused damage. For [the owner] was responsible for guarding him, and he failed to do so.
ד
נפלה דליקה בחצרו ונפל גדר שלא מחמת הדליקה ועברה הדליקה בחצר אחרת. אם היה יכול לגדור הגדר שנפל ולא גדרו חייב. למה הדבר דומה לשורו שיצא והזיק שהיה לו לשמרו ולא שמרו:
5
A person who sends a fire in the hands of a deaf mute, a mentally incompetent person or a child is not held liable by an earthly court;17 he does, however, have a moral and a spiritual obligation [to make restitution for the damages].18 When does the above apply? When he gave them a coal and they fanned it into a flame, for it is normal for a coal to burn out before it causes a flame. If, however, [the person] gave them a flame, he is liable, for his deeds caused the damage.19
ה
השולח את הבעירה ביד חרש שוטה וקטן פטור מדיני אדם וחייב בידי שמים. במה דברים אמורים שמסר להן גחלת וליבוה [ג] שדרך הגחלת להכבות מאליה קודם שתעבור ותדליק. אבל אם מסר להן שלהבת חייב שהרי מעשיו גרמו:
6
ו
שלח את הבעירה ביד פקח זה הפקח שהבעיר חייב לשלם והשולח פטור. וכן אם הניח שומר לשמור הבעירה השומר חייב:
7
When one person brings a flame, and [then] another person brings the wood, [and a fire is started, which causes damage], the person who brought the wood is liable.22 When one person brings the wood, and [then] another person brings a flame, [and a fire is started, which causes damage,] the person who brought the flame is liable.23 If another person comes and fans the fire, he is liable.24 If the fire is fanned by an uncommon wind,25 none of them is held liable.26 If a person fanned a fire, but it was also fanned by the wind, the person is liable, for his [actions] caused damage.27And whenever a person's [actions] cause damage, he is liable to pay for the full amount of the damages from the choicest property he owns, as if the damage was inflicted directly.
ז
8
When a fire spread and consumed wood, stone or earth,28 [the person who kindled the fire] is obligated to make restitution, as it is written: "[When a fire] spreads through thorns [and consumes...] a field." [The following rules apply when] a fire consumes a grain heap or the like and there were utensils hidden in the grain heap. If [the utensils include] a thresher, a yoke for cattle or other articles that it is likely for farmers to hide in their grain heaps, [the person who kindled the fire] is liable.29 If [the utensils include] clothes, glassware and the like, he is not liable for the damage to the utensils.30
ח
אש שיצאה ואכלה עצים או אבנים או עפר חייב לשלם שנאמר ומצאה קוצים או השדה. אכלה גדיש וכיוצא בו והיו כלים טמונים בתוך הגדיש אם היו כגון מוריגים וכלי בקר וכיוצא בהן מדברים שדרך אנשי השדה לטמנם בגדיש חייב לשלם. היו בגדים וכלי זכוכית וכיוצא בהן פטור על הכלים:
9
When does the above apply? When a person kindles a fire in a field belonging to a colleague.31 If, however, he kindles the fire in his own [domain] and it spreads to a colleague's field, he is not liable for utensils hidden in a grain heap.32 He must, however, compensate [the owner] as if the space taken by the utensils had been filled with wheat or with barley.33
ט
במה דברים אמורים במדליק בתוך שדה חבירו אבל במדליק בתוך שלו ועברה לשדה חבירו פטור על כל הכלים הטמונים [ד] בגדיש אבל משלם הוא שיעור מקום הכלים ורואין אותו כאילו הוא מלא גדיש של חטים או של שעורים:
10
A person who kindles a fire in a field belonging to a colleague is also liable [in the following instance]. The fire spread and consumed a kid that was tied to the grain heap or a servant near the grain heap.34 For this is also the ordinary practice near a grain heap. If, however, the servant was tied [to the grain heap], or the goat was near the grain heap, [the person who kindled the fire is not liable].35
י
המדליק
11
When a person lends a colleague space to make a grain heap, the colleague makes that grain heap and hides utensils in it, and then the person who lent him the space burns the grain heap, [the person who kindled the fire] is liable to pay [his colleague] only for the grain heap.36 If he lent him space to make a heap of wheat and he made a heap of barley,37 or he lent him space to make a heap of barley and he made a heap of wheat,38 or he made a heap of wheat and covered it with barley,39 or he made a heap of barley and covered it with wheat,40 [the person who kindled the fire] is not liable to pay any more than the value of a heap of barley.
יא
המשאיל מקום לחבירו והגדיש בו והטמין בו כלים והדליק המשאיל ושרף הגדיש אינו משלם אלא דמי גדיש בלבד. השאילו מקום להגדיש חטים והגדיש שעורים או להגדיש שעורים והגדיש חטים או שהגדיש חטים וחיפם בשעורים או שהגדיש שעורים וחיפם בחיטים אינו משלם לו אלא דמי שעורים בלבד:
12
When a person sets fire to a home belonging to a colleague, he must compensate for everything it contains,41for it is the ordinary practice for people to keep all their utensils and possessions in their homes. The person whose house [was burned] is entitled to collect everything he claims,42 provided he takes an oath while holding a [sacred] article.43 This oath is a Rabbinic institution, as will be explained.44 [The above applies] provided he claims articles that we can assume he owns45 or that it is customary for others to entrust to him.
יב
המדליק את הבירה של חבירו משלם כל מה שבתוכה. שכן דרך בני אדם להניח כל כליהם וכל חפציהם בבתים. וכל שיטעון בעל הבית הרי זה נשבע בנקיטת חפץ ונוטל. ושבועה זו מדברי סופרים כמו שיתבאר. ובלבד שיטעון דברים שהוא אמוד בהן או שהוא למוד להיות אותן הדברים שטען פקדון [ה] אצלו:
13
[The following rules apply when] a camel that is loaded with flax passes through the public domain, the flax that enters the shop46 is ignited by the lamp belonging to the shopkeeper and then sets fire to the entire building. The owner of the camel is liable, because he overloaded [his beast].47 [This applies regardless of] whether or not the animal stood.48 If the shopkeeper had placed his lamp outside, the shopkeeper is liable and must reimburse the camel driver even for the flax that burned, because he placed his lamp outside.49 [This applies] even with regard to a Chanukah lamp,50 for he should have sat [there] to guard it [from causing damage].
יג
גמל שהוא טעון פשתן ועובר ברשות הרבים ונכנס פשתנו לתוך החנות ודלקה בנרו של חנוני והדליק את כל הבירה בעל הגמל חייב מפני שהרבה במשאוי בין שעמדה הבהמה בין שלא עמדה. הניח החנוני נרו מבחוץ החנוני חייב אף בדמי פשתן מפני שהניח נרו מבחוץ ואפילו נר חנוכה היה לו לישב לשמור:
14
[The following rule applies when] a person bends standing grain belonging to a colleague toward a fire until it ignites. If the fire would not reach the grain unless it was spread by an uncommon wind, [the person who bent the grain] is not held liable by a mortal court.51 He does, however, have a moral and spiritual obligation to make reimbursement.52 When a person buries standing grain belonging to a colleague in earth or straw,53 and then a fire passes and consumes it, the person who buried [the grain] is not held liable by a mortal court.54 He does, however, have a moral and spiritual obligation to make reimbursement, because the person who kindled the fire is not liable for [the destruction of property that was] hidden.55
יד
הכופף קמתו של חבירו לפני האש עד שתדלק אם אין האש מגעת לה אלא ברוח שאינה מצויה פטור מדיני אדם וחייב בדיני שמים. והטומן קמתו של חבירו בעפר או בתבן ועברה האש ואכלה אותה הרי הטומן פטור מדיני אדם וחייב בדיני שמים מפני שהמדליק את האש פטור על הטמון:
15
When a fire spreads and harms a human being and injures him, the person who kindled the fire is liable for the damages, unemployment benefits, medical costs, pain and embarrassment suffered by the injured party,56 as if he had personally injured him. Although fire is one of a person's possessions, it is as if he caused him damage with his arrows.57 If, by contrast, injury to a man is caused by a person's animal or cistern, he is liable for the damages alone, as we have explained.58
טו
אש שעברה והזיקה את האדם וחבלה בו הרי [ו] המבעיר חייב בנזקיו ובשבתו וברפויו ובצערו ובבשתו כאילו הזיקו בידו שאע"פ שאשו ממונו הוא הרי הוא כמו שהזיקה [ז] בחציו. אבל אם הזיקה בהמתו או בורו את האדם אינו חייב אלא בנזק בלבד כמו שביארנו:
16
[The laws pertaining to] all the derivatives of fire59are the same as [those pertaining to] fire itself. What is implied? If a person placed a stone, a knife or a burden on his roof, and it fell because of an ordinary wind and caused damage, he must pay the full extent of the damages. All these are derivatives of fire.60 If it was an uncommon wind that caused them to fall and create damage, he is not liable.61
טז
כל תולדות האש הרי הן כאש. כיצד הניח אבן או סכין או משא בראש גגו ונפלו ברוח מצויה והזיקו חייב לשלם נזק שלם שכל אלו וכיוצא בהן תולדות הבערה הן. ואם נפלו ברוח שאינה מצויה והזיקו פטור:
FOOTNOTES
1.
Without permission.
2.
This is considered as one of the 613 mitzvot of the Torah by Sefer HaMitzvot (positive commandments 241) and Sefer HaChinuch (Mitzvah 56).As the Tur and the Ramah (Choshen Mishpat 418:2) pointout, this applies even when the person took the precautions mentionedin the following halachot. Since he kindled a fire on his colleague'sproperty without permission, he must bear the consequences.
3.
As the Rambam states in Halachah 16, a major category hasderivatives. The derivatives of fire are any asset that one owns thatis transported further by the wind and causes damage.
4.
This communicates a fundamental principle. Although he is actingwithin his own domain, a person must take the necessary precautions toensure that he will not cause damage to another person's property.
5.
I.e., the higher the fire, the further he must retreat.
6.
The Hebrew wording used by the Rambam leads to the inference that astream or irrigation ditch that is dried out is not considered to be asufficient fire barrier.
7.
For it is not usual for a fire to spread across a body of waterthat size.
8.
Or wood. The Hebrew term used by the Rambam could be translatedeither way. The intent is combustible fuel.
9.
Here too, the assessment is simple. The higher the flame, thehigher the fence must must be.
10.
We find this term in Deuteronomy 32:22: There is a piercingfire in My nostrils. From the commentary of Rabbenu Chanan'el(Bava Kama 61a), it appears that the intent is a very hot firethat burns powerfully, but does not produce a high flame.
11.
Or wood. The Hebrew term used by the Rambam could be translatedeither way. The intent is combustible fuel.
12.
When a flame is this high, there are no limits to the extent thefire may spread.
13.
I.e., he kindled a fire, and the flame flew out of control.
14.
Had the wall not fallen, it would ordinarily have been consideredsufficient to impede the spread of the fire. If the fire was so greatthat it toppled the wall, the person would be liable for the damagesthe fire caused. In the instance at hand, however, the question is: Ishe held responsible for the damages the fire caused, because he couldhave rebuilt the wall and thus prevented the fire from spreading.
15.
The comparison is taken from (Bava Kama 23a).
16.
I.e., the ox was placed in a corral that was not securely locked. (See Chapter 4, Halachah 1.)
17.
These three individuals are not liable, because their incompetencecauses them to be freed of responsibility for their conduct. Theperson who gave them the fire is not held liable, for he did not setthe fire himself.
18.
For he is an indirect cause of the damage.
19.
In this instance, he is considered a direct cause of thedamage.
20.
This follows the principle When a student's (the principal whocharged the agent with causing damage) words conflict with a master's(God's, who forbade causing damage), whose words should be heeded?Since the agent is mentally competent, he must accept responsibilityfor his conduct.
21.
When he accepted the responsibility to guard the fire, he alsoaccepted the liability if he failed to do so adequately. See Chapter4, Halachah 4 and notes.
22.
For were it not for the wood, the fire would not have spread.
23.
Since the wood was already there, it is the person who kindled thefire who must accept responsibility.
24.
Because it is the fanning that causes it to spread.
25.
If, however, such winds are common, the persons who brought thewood and started the fire must accept responsibility. They should havetaken this factor into consideration.Note Maggid Mishneh and the gloss of Sefer Me'iratEinayim 418:9, who explain that the term an uncommon winddoes not refer to a storm wind that rarely comes, but rather to a windthat is an infrequent and out-of-the-ordinary matter, but still asomewhat recurrent meteorological occurrence.
26.
For without the wind's influence, the fire would not havespread.If, however, the wind is blowing at the time a person is involvedwith the fire, and he ignores the possible danger, he is held liable(Maggid Mishneh; Ramah, Choshen Mishpat 418:9).The Ramah (based on the Tur) also maintains that if it is acommon wind that caused the fire to spread, the last person who hadanything to do with the fire is liable.
27.
The Ra'avad objects to the Rambam's statements, maintaining thatthe liability of the person who fanned the fire is dependent on theviability of his deeds. Were his fanning sufficient to have caused thefire to spread even if it had not been fanned by the wind, he isliable. If not, he is not held liable.The Maggid Mishneh justifies the Rambam's ruling, citingseveral interpretations by the Sages in Bava Kama 60a. Henevertheless questions the Rambam's decision here, based on theRambam's own words in Hilchot Sh'chenim 11:1-2.The Kessef Mishneh resolves this difficulty, explaining thatin Hilchot Sh'chenim, the Rambam mentions a situation in which aperson winnows grain in his own domain, but the wind carries the chaffoutside his domain. There, even though an ordinary wind is involved,the person is not held liable. This appears to contradict the rulinghere. Nevertheless, as the Rambam himself states in HilchotSh'chenim, had it not been for the wind, the chaff would never havecaused damaged. In this instance, the person's fanning of the firewould have caused it to spread sufficiently to cause damage.
28.
Wood is consumed entirely by fire. Stone and earth are notconsumed entirely. Nevertheless, a fire might cause them todeteriorate until they are no longer useful (or as useful as they hadbeen). The liability for both these types of substances is alluded toin the verse the Rambam cites: Thorns are consumed entirely byflames (as are standing and bound grain, which the verse alsomentions). Why does the verse also mention a field (for the liabilityfor standing grain is mentioned explicitly)? To teach that even whenthe field is lying fallow, but its value deteriorates because it ischarred, the person is held liable. See Bava Kama 60a.
29.
Since it is the ordinary practice for such articles to be hiddenin a grain heap, the person who kindled the fire should haveconsidered this possibility. Therefore, he is liable for theirdestruction.
30.
Since it is abnormal for such articles to be hidden in a grainheap, the person who kindled the fire is not held liable. As stated inthe notes on the following halachah, the place taken by the utensilsis considered as if filled with grain, and restitution for that mustbe made.
31.
As in Halachah 1, since he kindled a fire in another person'sdomain without permission, stricter rules apply.
32.
Bava Kama 60a derives this law from the above verse, whichmentions standing grain. It comments: Just as standing grain isopenly revealed, so too, a person is liable only for entitiesthat are openly revealed.Note the Tur and Shulchan Aruch (Choshen Mishpat418:13), which state that this applies in an instance where the firewould have been stopped by a wall, the wall fell for reasons notdependent on the fire, and the person had the opportunity to repairthe wall. Although he is liable for the grain heap, he is not liablefor the articles hidden in it.The rationale is: If the fire were large enough to spread byitself, the person would be liable. If its spread was caused byfactors not dependent on the person who kindled the fire - e.g., anabnormal wind - he is also not liable for the grain heap.
33.
I.e., if the utensils took up a cubic foot of space,the person who kindled the fire must pay for a cubic foot of grain. This also applies with regard to a person who burnsclothes or glassware hidden in a grain heap, as mentioned in theprevious halachah.
34.
The Rambam's words are based on the Mishnah (Bava Kama 6:7).The Maggid Mishneh states that the intent is that the person isliable only for the kid. Since the kid is tied, it cannot flee. He isnot liable for the servant, because the servant is mentally competentand should have fled.
35.
He is not held liable financially for the death of the servant,because he is considered to have murdered him, and is liable forcapital punishment for his death. Therefore, we follow the principlethat a person who is liable for capital punishment (even when thatsentence cannot be administered) is free of liability for monetaryloss.There is a question if he is liable for the loss of the kid in thisinstance even when a servant is not killed.. Some explain that he is not liable, because the kid should have fled. Others explain that a kid is not of sufficient mental competence to know whether or not to flee (Maggid Mishneh). Significantly, these laws are not mentioned by the Tur and the Shulchan Aruch.
36.
For he gave him permission to store grain in his domain, notutensils.
37.
Wheat is more valuable than barley. Nevertheless, since inactuality it was barley that was burned, the person who kindled thefire is liable only for the barley.
38.
In this instance, he is liable to pay him only for barley, becausethat is what he gave him permission to store.
39.
This applies even if he was granted permission to make a heap ofwheat. Since the person who kindled the fire saw only barley, he isliable only for that (Sefer Me'irat Einayim 418:20).
40.
If he gave him permission to make a heap of barley, he is liableto pay him only for the barley. If he gave him permission to make aheap of wheat, he is liable to pay the value of the wheat that wasactually burned, and the value of remainder of the barley (SeferMe'irat Einayim 418:21).
41.
I.e., all the personal goods the person claims.
42.
Note the gloss of the Maggid Mishneh, which states that whenit is supported by an oath, the claim of the house owner is accepted,not only when the person who kindled the fire is uncertain about thevalue of the articles in the home he destroyed, but even when heclaims to be certain that they were not worth the money the houseowner demands.
43.
A Torah scroll (Hilchot Sh'vuot 11:8). In certaincircumstances, tefillin are substituted for a Torah scroll(Ibid.:12).
44.
See Hilchot Chovel UMazik 7:17; Hilchot To'en V'Nit'an1:2. (See also Hilchot Sh'vuot 11:6.)
45.
I.e., that according to his standard of living, one might assumethat he owns.
46.
In that era, retail outlets were usually stalls in the publicdomain, rather than enclosed edifices. The flax protruded into thestall, where it caught fire from the shopkeeper's oil lamp.
47.
And caused the flax to protrude beyond the borders of the publicdomain and enter the confines of the shopkeeper's stall.
48.
If the animal stands still, there is more reason to hold the cameldriver liable, for once the fire was kindled, he should move his beastto prevent it from spreading the blaze. Nevertheless, even when hedoes keep his animal moving, since he caused the fire to start, he isliable for all the damages.
49.
This is considered an act of negligence on the part of theshopkeeper. For the camel drivers and wagon drivers in the publicdomain do not suspect that there are lamps hanging there.
50.
Which we are commanded to place at the outside of our homes.
51.
In and of themselves, the actions of the person who bent the grainwere not sufficient to cause the fire to reach the grain; theinfluence of the wind was also necessary. Since the fire was spread byan uncommon wind, it is considered a factor beyond the person'scontrol, and he is not liable.
52.
For had he not bent the grain, the fire would not have reached it,even though an uncommon wind was blowing. As mentioned in the notes onHalachah 7, if the uncommon wind was blowing at the time the personbent the grain toward the fire, he is liable.
53.
The two examples are carefully chosen. Earth reduces thelikelihood that the grain will be consumed by fire, while strawincreases it. Nevertheless, in either case the same laws apply.
54.
For he himself did not set the fire.
55.
See Halachot 8 and 9.
56.
See Hilchot Chovel UMazik, ch. 1, for a detailed explanationof these five categories of compensation.
57.
This is the subject of a difference of opinion among our Sages(Bava Kama 22a). Rabbi Yochanan maintains, as the Rambam rules,that kindling a fire is regarded like shooting an arrow. Resh Lakishdiffers and maintains that a fire is regarded no differently from aperson's cistern or his animals.To explain Rabbi Yochanan's opinion: When a person shoots an arrow,he is considered to have caused damage with his person although thedamage took place far from him. So too, when he kindles a fire,despite the fact that the damage occurs in a distant place, it is asif he caused the damage with his person.Note the Maggid Mishneh, who points to an apparentcontradiction in the Rambam's rulings. For Rabbi Yochanan does notfree a person of liability for articles that are buried. It is,however, possible to explain that the Rambam does not accept RabbiYochanan's perspective blindly. He accepts it in this instance, butfollows the other interpretations with regard to buried property.
58.
Chapter 11, Halachah 6, and Chapter 13, Halachah 2.
59.
The Shulchan Aruch (Choshen Mishpat 418:1) defines thederivatives of fire as referring to any property that one owns that istransported further by the wind and causes damage.
60.
For just as a person is liable when an ordinary wind spreads afire, so too, he is liable for any other damage his property causesthat comes as a result of an ordinary wind.
61.
Just as he is not liable when an uncommon wind causes a fire tospread (Halachah 7).
• Shekalim - Chapter Four
1
What [are the funds in] terumat halishcah1 used for? From [these funds] they would purchase the daily offerings sacrificed every day, the additional offerings [sacrificed on Sabbaths, Rashei Chodashim and festivals], all other communal sacrifices, and the wine libations [that accompany them].
א
תרומת הלשכה מה יעשה בה. לוקחין ממנה תמידין של כל יום והמוספין וכל קרבנות הצבור ונסכיהם והמלח שמולחין בו כל הקרבנות. וכן העצים אם לא הביאו עצים ולא נמצאו אלא בדמים. והקטרת ושכר עשייתה. ולחם הפנים ושכר עושי לחם הפנים. והעומר ושתי הלחם ופרה אדומה ושעיר המשתלח ולשון של זהורית שקושרין בין קרניו כל אלו באין מתרומת הלשכה:
2
In contrast, [the funds to purchase] a bull brought as a sin offering [for a transgression performed by the community due to] lack of awareness, and the goats [offered by the community for transgressing the prohibition against] the worship of false divinities should be collected [from communal donations], and should not be purchased [with the funds of] terumat halishcah.
The curtains before the Sanctuary replaced a [permanent] structure.6Therefore, they should not be purchased [with the funds of] terumat halishcah, but rather [with funds that were] consecrated for bedek habayit ["the upkeep of the Temple"]. The curtains covering the gates, by contrast, should be purchased [with the funds of] terumat halishcah.
It is ordained that [the funds necessary to fashion] the menorah and the other sacred articles should come from [the funds stemming from] the remainder of the libations. In Hilchot Klei HaMikdash V'Ha'ovdim Bo (the "Laws Governing the Temple Vessels and Those Who Serve Within"),7 the term "the [funds stemming from] the remainder of the libations" will be explained.8 If, however, no such funds are available, [the funds necessary for] these [sacred articles] should come from terumat halishcah.
[The funds necessary to fashion] the priestly garments, those of the High Priest and those of all the other priests who serve in the Temple should come from terumat halishcah.
ב
אבל פר העלם דבר של צבור ושעירי עבודת כוכבים בתחלה גובין להן ואינן באין מתרומת הלשכה. פרוכות של היכל תחת בנין עשויות ואינן באין מתרומת הלשכה אלא מקדשי בדק הבית. אבל פרוכות של שערים באין מתרומת הלשכה. המנורה וכלי שרת מצותן שיבואו ממותר הנסכים. ובהלכות כלי המקדש והעובדים בו יתבאר מה הוא מותר הנסכים. ואם לא היה להן מותר נסכים יביאו מתרומת הלשכה. בגדי כהונה בין בגדי כהן גדול בין שאר בגדי הכהנים שעובדין בהן במקדש הכל מתרומת הלשכה:
3
All the animals that are found in Jerusalem or its outskirts should be sacrificed as burnt offerings, as stated in [Hilchot] Pesulei HaMukdashim [the "Laws Governing Consecrated Animals That are Unfit"].9 The wine libations for these offerings should come from terumat halishcah.10
Similarly, if a gentile sent a burnt offering11 from another land, and did not send with it the funds for a wine libation, the wine libation should come from terumat halishcah.
ג
כל הבהמות הנמצאות בירושלים או בחוצה לה בקרוב ממנה באות עולות כמו שיתבאר בפסולי המוקדשין. נסכיהן באין מתרומת הלשכה. וכן עובד כוכבים ששלח עולתו ממדינה אחרת ולא שלח עמה דמי נסכים יביאו נסכיהם מתרומת הלשכה:
4
[The following laws apply when] a convert12 dies and leaves [animals designated as] offerings. If he also designated wine [or funds for] their wine libations, they should come from [what he designated]. If not, they should come from terumat halishcah.
When a High Priest dies, and a successor is not appointed [immediately], we should [pay] for the chavitin offering13 from terumat halishcah.14
The [Rabbis who] inspect blemishes [on first-born animals]15in Jerusalem, the Sages who teach16 the laws of ritual slaughter and the laws of taking a handful from the meal offering, and the women who raise their sons to take part in the offering of the red heifer17 all receive their wages from terumat halishcah.
What would their wages be? An amount decided by the court.
ד
גר שמת והניח זבחים אם יש לו נסכים קרבין משלו ואם לאו באין מתרומת הלשכה. כהן גדול שמת ולא מנו אחר תחתיו מקריבין את החביתין מתרומת הלשכה. מבקרי מומים שבירושלים ותלמידי חכמים המלמדים הלכות שחיטה לכהנים והלכות קמיצה ונשים המגדלות בניהן לפרה אדומה כולן נוטלין שכרן מתרומת הלשכה. וכמה הוא שכרן כמו שיפסקו להן בית דין:
5
In a Sabbatical year, when [the produce of the fields] is ownerless, the court hires watchmen to protect some of the produce that grows on its own,18 so that it will be possible to offer the omer [of barley]19 and the two loaves of bread,20for these offerings may come only from the new harvest. These watchmen receive their wages from terumat halishcah.
ה
בשנת השמיטה שהיא הפקר שוכרין בית דין שומרין שישמרו מקצת ספיחים שצמחו כדי שיביאו מהן העומר ושתי הלחם שאין באים אלא מן החדש. ואלו השומרין נוטלין שכרן מתרומת הלשכה:
6
Should a person volunteer to watch the produce without charge, his offer is not accepted, lest men of force come and take it. [To prevent this,] the Sages ordained that the watchmen be paid from the funds of the Temple treasury. [This] will prompt everyone to avoid that place where the guards are posted.21
ו
מי שהתנדב לשמור בחנם אין שומעין לו משום בעלי זרוע שמא יבואו ויטלום מהן. לפיכך תיקנו להם חכמים שיטלו שכר מן הלשכה כדי שיפרשו הכל מאותו מקום שאלו שומרים שם:
7
Scribes who check Torah scrolls in Jerusalem and judges in Jerusalem who preside over cases of robbery receive their wages22 from terumat halishcah.
ז
מניחי ספרים שבירושלים ודיינין שדנין את הגזלנין בירושלים נוטלין שכרן מתרומת הלשכה. וכמה היו נוטלים תשעים מנה בכל שנה ואם לא הספיקו להן אף על פי שלא רצו מוסיפין להן כדי צרכן הם ונשיהם ובניהם ובני ביתן:
8
Both the ramp that was built from the Temple Mount to the Mount of Olives, on which the red heifer was led [to the Mount of Olives],27 and the ramp on which the goat sent to Azazel was led [outside the city28 were paid for] from sheyarei halishcah.29
Similarly, [any improvements necessary for] the altar for the burnt offerings, the Temple building, or the Temple courtyards [were paid for] from the sheyarei halishcah.30 The water conduit, the walls of Jerusalem, its towers, and all the needs of the city [were paid for] from the sheyarei halishcah.
Should a gentile, even a resident alien,31 offer to donate money for these purposes, or to labor in these projects without charge, [his offer] should be rejected, for [Ezra 4:3] states: "It is not for you, together with us, to build [the House of our Lord," and [Nechemiah 2:20] states "And you have no portion, right, or memorial in Jerusalem."
ח
כבש היו בונין מהר הבית להר המשחה שעליו היו מוציאין פרה אדומה. וכבש שמוציאין עליו שעיר המשתלח. ושניהם נעשין משירי הלשכה. וכן מזבח העולה וההיכל והעזרות נעשין משירי הלשכה. אמת המים שבירושלים וחומת ירושלים וכל מגדלותיה וכל צרכי העיר באין משירי הלשכה. ועובד כוכבים שהתנדב מעות לדברים האלו או לעשות עמהם בחנם אין מקבלין ממנו ואפילו גר תושב. שנאמר לא לכם ולנו לבנות וגו' ונאמר ולכם אין חלק וגו':
9
[The funds remaining from] terumat halishcah and sheyarei halishcah should be used to purchase male animals to be sacrificed as burnt offerings. For it is a condition made by the court that all the remaining funds be used for burnt offerings.32
They are not, however, used to purchase doves for burnt offerings, for doves are never used for communal sacrifices. These burnt offerings that come from the funds remaining from the collection of the shekalim are referred to as "the dessert of the altar."33
ט
מותר תרומת הלשכה ושירי הלשכה לוקחין בו זכרים ויקרבו כולן עולות שתנאי בית דין הוא על כל המותרות שיקרבו עולת בהמה. אבל לא עולת העוף שאין בקרבנות הצבור עוף. ואלו העולות הבאין ממותר השקלים הם הנקראים קיץ למזבח:
10
Should the [collection from the half-]shekalim not be sufficient [to purchase everything necessary] for all the communal sacrifices, the [funds for] whatever is necessary should be taken from [the articles] consecrated for Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure.34
[The converse, however, does not apply. When improvements are necessary, but the resources of] Bedek HaBayit are lacking, [the improvements] should not [be paid for] from funds consecrated for [sacrifices for] the altar.
י
שקלים שלא הספיקו להן לכל קרבנות הצבור מוציאין את הראוי להם מקדשי בדק הבית. אבל אין בדק הבית מוציא את הראוי לו מקדשי המזבח:
11
From Rosh Chodesh Nisan onward, the communal offerings should be brought from the new collection [of shekalim].35 If, however, [the funds from] the new collection have not reached [the Temple treasury], [funds from] the collection of the previous year may be used.36
Therefore, [the following rule should be applied] if there are animals designated for the daily offerings37 that were purchased from the collection of the previous year when Rosh Chodesh Nisan arrives: They should be redeemed38 and used for mundane purposes,39 despite the fact that they are unblemished. The proceeds should be placed in the collection of funds from the previous year that are used to provide "dessert"40 for the altar. [This is possible because the] court made a stipulation that should there be no need for any of the animals purchased for the daily offerings, it would be possible to [redeem the animals and] use them for mundane purposes.
יא
משיגיע ראש חדש ניסן אין מקריבין קרבנות צבור אלא מתרומה חדשה ואם לא באה החדשה לוקחין מן הישנה. לפיכך אם הגיע ראש חדש ניסן ויש עמהן בהמות לתמידים מתרומה ישנה פודין אותן ויוצאין לחולין אף על פי שהן תמימין ויפלו דמיהן לתרומה ישנה שמקיצין בה את המזבח. שתנאי בית דין הוא על כל הבהמות שלוקחין לתמידין שאם לא יהיו צריכין להן יצאו לחולין:
12
After Rosh Chodesh Nisan arrived, the following [procedure] would be adhered to concerning the remainder of the incense offering:41 They would transfer the consecrated quality [of the incense] to [the funds designated] to be given to the artisans [who prepared it] as their wages. These funds were then used for "the dessert of the altar," and the artisans would take the remainder of the incense offering as their wages.42 Afterwards, they would buy back the incense from [the artisans] with money from the new collection [of shekalim]. If the funds from the new collection had not arrived, they would offer the incense [purchased with funds] from the collection of the previous year.
יב
וכך היו עושין במותר הקטרת. משיגיע ראש חדש ניסן מחללין אותו על שכר האומנין וחוזרין מעות השכר לקיץ המזבח ונוטלין האומנין מותר הקטרת בשכרן וחוזרין ולוקחין את הקטרת מהן מתרומה חדשה כדי להקריבה ממעות תרומה חדשה. ואם אין להן תרומה חדשה מקטירין אותה מתרומה ישנה: סליקו להו הלכות שקלים
FOOTNOTES
1.
As mentioned in Chapter 2, Halachah 4, this term refers to the funds collected from the half-shekalim and placed in the three large baskets. In addition, other funds remained from the half-shekalim in this chamber, and the Temple treasury had other funds from other sources.
2.
This applies even to the private offerings that people would bring. A person was not required to bring the salt (or wood) to be used for his sacrifice (Hilchot Issurei Mizbe'ach 5:13).
3.
As mentioned in Hilchot Klei HaMikdash 6:9, certain families were given the privilege of providing the wood for the altar in the Temple. If, however, the wood they brought did not suffice, additional wood would be purchased from the funds in the Temple treasury.
4.
See also Halachah 12.
5.
Note the Mishneh LaMelech, which states that the text contains a printing error, and that the scarlet thread is a reference to the scarlet thread used in the ceremony of the burning of the red heifer. There are, however, later commentaries that justify the standard text.
6.
Based on Rashi, Ketubot 106a, it appears that this refers to the two curtains that separated the Sanctuary from the Holy of Holies. In the First Temple, a wall served this function. The Second Temple was much taller than the First Temple (100 cubits, as opposed to 30), and a wall only a cubit thick and 100 cubits high would not be structurally sound. Therefore, the Sages replaced the wall with two curtains. See Hilchot Beit HaBechirah 4:2. Since these curtains replaced a structure of stone, they were governed by different rules from those governing the other curtains in the Temple. Among the differences was that they were not paid for from these funds.
7.
One of the 83 sections of the Mishneh Torah; the second section of Sefer HaAvodah, "the Book of Divine Service."
8.
In Chapter 7, Halachah 13 of those laws, the Rambam writes that the prices for the wine for the libations and the flour for the meal offerings are fixed with the suppliers every thirty days. If the price for these commodities increases on the general market, the suppliers are still obligated to provide the Temple with the commodities at the price agreed upon previously. If, however, the price for them decreases on the general market, the suppliers must sell them to the Temple at their present market value. The profit realized by the Temple treasury in this manner is referred to as "the [funds stemming from] the remainder of the libations."
Significantly, however, in those laws the Rambam mentions that these funds are used to purchase burnt offerings, and does not mention that they were used to fashion the sacred articles. The commentaries resolve this discrepancy by stating that only rarely was it necessary to purchase sacred articles. Hence, these funds were primarily used for the purchase of burnt offerings.
9.
Chapter 6, Halachah 18.
10.
Shekalim 7:5 relates that the Temple officers would originally require the person who discovered the animal to bring the wine libation that accompanied it. When this led to a negative outcome, they decided to have the wine libations brought from communal funds.
11.
For the burnt offering sent by a gentile may be sacrificed in the Temple (Hilchot Ma'aseh HaKorbanot 3:2). Were the gentile to send wine for the libations, it would not be acceptable (ibid.:5).
12.
I.e., a convert without Jewish heirs. If he has heirs, and similarly for a native-born Jew who dies after having designated animals as offerings, the heirs are required to supply the wine libations.
13.
A meal offering resembling a pancake, brought daily by the High Priest.
14.
The Kessef Mishneh notes a contradiction between the Rambam's statements here and those in Hilchot Temidim UMusafim 3:22, where he states that the High Priest's meal offering should be brought by his heirs after he dies. (It must be noted that a similar contradiction can be found in the Rambam's Commentary on the Mishnah. In his commentary on Shekalim 7:5, he renders a decision similar to the ruling in this halachah, while in his commentary on Menachot 4:5, his decision is analogous to that rendered in Hilchot Temidim UMusafim.)
Rav Kapach offers the following resolution: If a High Priest dies without bringing a meal offering on a particular day, his heirs are required to bring it. On subsequent days, however, the offering should be brought from communal funds.
15.
A first-born animal that has a permanent blemish must be given to a priest as a gift. It is not, however, sacrificed on the altar. One of the points of Rabbinic expertise mentioned by the Talmud is the ability to distinguish between a temporary blemish and a permanent one.
Although Tosafot, Ketubot 106a, offers this explanation, they also note that Bechorot 29b forbids accepting a wage for inspecting the blemishes of a first-born. Tosafot, however, differentiate between a wage paid by a private individual and one paid by the community. Alternatively, Tosafot explain that this refers to scholars who inspected animals before they were sacrificed. This was necessary because an animal with a blemish was unfit.
16.
This statement is very significant within a totally different context. In Hilchot Talmud Torah 1:7, the Rambam writes that it is forbidden to accept a wage for teaching the Oral Law. See also Chapter 3, Halachah 10 of those laws, where the Rambam writes:
Anyone who comes to the conclusion that he should involve himself in Torah study without performing work, and derive his livelihood from charity, desecrates [God's] name, dishonors the Torah, and extinguishes the light of faith.... [See also the Rambam's Commentary on the Mishnah (Nedarim 4:3; Avot 4:7).]
The above ruling appears to contradict these statements. Among the resolutions offered is that here, the Rambam is allowing the teachers to receive recompense because instructing the students is their occupation. Were they not charged with this responsibility, they would occupy themselves in another profession. Alternatively, they were allowed to receive payment for teaching the practical side of these activities, and not their theoretical dimensions.
17.
See Hilchot Parah Adumah 2:7, which explains that it was customary that a person who never contracted ritual impurity at all be the one who takes part in the purification rite of the High Priest before he offers the red heifer. For this purpose, women would raise their children in a specific area of Jerusalem, making certain that they never came in contact with a source of impurity.
18.
Although we are forbidden to plant any crops in the Sabbatical year, the Torah allows us to benefit from the small amount of produce that grows on its own accord from left-over seeds and the like. Our Sages forbade deriving personal benefit from such produce (Hilchot Shemitah 4:1-2); it may, however, be used for a mitzvah. Nevertheless, because the prohibition was only Rabbinic in origin, it was not observed carefully by the entire population. Hence, to ensure that there was a sufficient quantity of grain available for these offerings, it was necessary to hire watchmen.
19.
Offered on the sixteenth of Nisan (Leviticus 23:11).
20.
Offered on the holiday of Shavuot (Ibid.:17).
21.
Rashi, Bava Metzia 118a, states that hiring people to watch it makes it public knowledge that it was designated for use as an offering. Hence, even men of force will refrain from harvesting these crops.
22.
Hilchot Sanhedrin 23:5 states that a judge is forbidden to receive a wage for presiding over a case. Nevertheless, these judges were paid a wage, for their involvement in these cases prevented them from pursuing any other means of deriving a livelihood.
23.
Ketubot 105a states ninety-nine maneh.
24.
A maneh was 100 dinarim. As can be derived from Chapter 1, Halachah 3, a dinar was equivalent to the weight of 96 barleycorns of silver.
25.
I.e., even if the judges do not feel it correct to impose on the community, the needs of their households are to be met.
26.
Note the Chatam Sofer (Choshen Mishpat, Responsum 5), who states that the judges' needs should be generously provided for.
27.
See Hilchot Parah Adumah 3:1-2.
28.
Yoma 66a states that this ramp was built because the Jews from Egypt would pull the hair of the priest leading the goat to hurry him on his way.
29.
As stated in Chapter 2, Halachah 4, the sheyarei halishcah, "the remainder within the chamber," refers to the funds that remain from the collection of shekalim after the coins were placed in the three large baskets.
30.
The Kessef Mishneh notes that Ketubot 106a states that the funds for these improvements should come from Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure, and not from sheyarei halishcah. Rav Kapach, however, notes that the Shitah Mekubetzet quotes a different version of that Talmudic passage, which appears to be the source for the Rambam's ruling.
31.
I.e., a gentile who commits himself to observing the seven universal laws commanded to Noach and his descendants. (See Hilchot Melachim 8:10, 9:1-2.) This concept is derived from the fact that the Samaritans who volunteered to assist Zerubavel in the construction of the Second Temple were not idol worshipers (Kessef Mishneh).
32.
Since the funds were given with a specific intent, they could not be used for this purpose unless such a condition was made.
33.
Our translation is based on the Rambam's Commentary on the Mishnah (Shekalim 4:4), which explains that the word kayitz refers to the conclusion of the summer, the days of the fig and grape harvest. In addition to the mainstay of their meals, people often eat these fruits. Similarly, these offerings are brought on the altar in addition to the sacrifices that are usually offered.
34.
The Ra'avad differs with the Rambam on this point, noting that although the Jerusalem Talmud (Shekalim 5:4) makes a statement resembling the Rambam's ruling, it proceeds to explain that statement as referring only to a specific type of donation: a collection of used utensils. According to the Ra'avad, other resources donated to Bedek HaBayit may be used only for improvements to the Temple. The Kessef Mishneh and others justify the Rambam's ruling.
35.
The Jerusalem Talmud (Shekalim 1:1) cites a historical precedent: Just as the first communal sacrifices were brought on the altar in the desert on Rosh Chodesh Nisan, similarly, in subsequent years we renew the practice of bringing communal offerings by using funds from the new collection. In this vein, Rosh HaShanah 7a refers to Rosh Chodesh Nisan as "the Rosh HaShanah for the setting aside of the shekalim."
36.
It is, however, as if one "forfeited a mitzvah" (Rosh HaShanah, loc. cit.).
37.
It was customary that there be a minimum of six lambs prepared to be offered kept in the Chamber of the Lambs (Hilchot Temidim UMusafim 1:9). This custom was also observed on the twenty-ninth of Adar. Thus, there were always four lambs left over on Rosh Chodesh Nisan (Rashi, Sh'vuot 10b).
38.
For the consecrated status of an animal or an article can never be changed without its being redeemed.
39.
Avodat HaMelech asks why, concerning these animals, we do not follow the same procedure mentioned in the following halachah concerning the remainder of the incense offering - i.e., that they be redeemed and then purchased again with the funds of the new collection of shekalim.
As a possible resolution, he explains that it is forbidden to use for mundane purposes a collection of spices identical to those of the incense offering (Exodus 30:38; Hilchot Klei HaMikdash 2:9). Thus, there would be no use at all for the remainder of the incense offering. For this reason, the Sages ordained that it be repurchased. Concerning the lambs, by contrast, once they are redeemed there is no difficulty in using them for mundane purposes.
40.
See Halachah 9 and notes.
41.
Every year, 368 measures of incense were prepared, 365 corresponding to the days of a solar year, and three extra measures for the incense offering of the High Priest on Yom Kippur (Keritot 6a). Since an ordinary lunar year has either 353, 354, or 355 days, in every ordinary year there were always several portions of incense remaining.
42.
From the Rambam's Commentary on the Mishnah (Shekalim 4:5), it would appear that the artisans were given the extra portions of the incense at the beginning of the year, they kept the incense in their possession and it was not repurchased from them until the following year. According to either interpretation, the artisans would have to wait an entire year to receive this portion of their wages.
Kiddush HaChodesh - Chapter One
Introduction to Hilchos Kiddush HaChodesh
It contains one positive commandment: To calculate, to determine and to establish the day on which each of the months of the year will begin. This mitzvah is explained in the [following] chapters
הלכות קדוש החדש - הקדמה
מצות עשה אחת והיא לחשב ולידע ולקבוע באי זה יום תחלת כל חדש מחדשי השנה: וביאור מצוה זו בפרקים אלו:
1
The months of the year are lunar months, as [implied by Numbers 28:14]: "... the burnt offering of the month when it is renewed,"1 and [Exodus 12:2]: "This month shall be for you the first of months."2 [Concerning this verse,] our Sages commented:3 The Holy One, blessed be He, showed Moses in the vision of prophecy an image of the moon and told him, "When you see the moon like this, sanctify it."
The years we follow are solar years, as [implied by Deuteronomy 16:1]: "Keep the month of spring."4
א
חדשי השנה הם חדשי הלבנה שנאמר עולת חדש בחדשו ונאמר החדש הזה לכם ראש חדשים. כך אמרו חכמים הראה לו הקב"ה למשה במראה הנבואה דמות לבנה ואמר לו כזה ראה וקדש. והשנים שאנו מחשבין הם שני החמה שנאמר שמור את חדש האביב:
2
How much longer is a solar year than a lunar year? Approximately eleven days.5 Therefore, [to correct the discrepancy between the lunar and the solar calendars,] when these additional days reach a sum of 30 - or slightly more, or slightly less - an additional month is added, causing the year to include thirteen months. This is called a full year.
[This is necessary,] because it is impossible to have a year with twelve months and an odd number of days, as [implied by Numbers 28:14]: "... of the months of the year." [On this verse, our Sages6 commented:] "You count the months of a year, but not the days of a year."
ב
וכמה יתרה שנת החמה על שנת הלבנה קרוב מאחד עשר יום. לפיכך כשיתקבץ מן התוספת הזאת כמו שלשים יום או פחות מעט או יותר מעט מוסיפין חדש אחד ועושין אותה השנה שלשה עשר חדש והיא הנקראת שנה מעוברת. שאי אפשר להיות השנה שנים עשר חדש וכך וכך ימים שנאמר לחדשי השנה חדשים אתה מונה לשנה ואי אתה מונה ימים:
3
The moon becomes hidden and cannot be seen for approximately two days - or [slightly] less or slightly more - every month: approximately one day before its conjunction with the sun at the end of the month, and one day after its conjunction with the sun, [before] it is sighted in the west in the evening.7
The first night when the moon is sighted in the west after being hidden is the beginning of the month. Afterwards, 29 days are counted from that day. If the moon is sighted on the night of the thirtieth [day], the thirtieth day will be Rosh Chodesh [of the following month].
If it is not sighted, Rosh Chodesh will be on the thirty-first day, and the thirtieth day will be included in the previous month. There is no need [to sight] the moon on the thirty-first night; whether or not [the moon] is sighted [the new month begins that night]. For there are no lunar months longer than thirty days.
ג
הלבנה נסתרת בכל חדש ואינה נראת כמו שני ימים או פחות או יותר מעט. כמו יום אחד קודם שתדבק בשמש בסוף החדש וכמו יום אחד אחר שתדבק בשמש ותראה במערב בערב. ובליל שתראה במערב אחר שנסתרה הוא תחלת החדש ומונין מאותו היום תשעה ועשרים יום. ואם יראה הירח ליל שלשים יהיה יום שלשים ראש החדש. ואם לא יראה יהיה ראש החדש יום אחד ושלשים ויהיה יום שלשים מחדש שעבר. ואין נזקקין לירח בליל אחד ושלשים בין שנראה בין שלא נראה. שאין לך חדש לבנה יותר על שלשים יום:
4
When there are twenty-nine days in a month, [because] the moon was sighted on the thirtieth night, the month is called chaseir, ["lacking"]. If the moon is not sighted and the previous month has thirty days, the month is called me'ubar ["pregnant"] or malei ["full"].
When the moon is sighted on the thirtieth night, the moon is said to have been sighted at the appropriate time. When the moon is sighted on the thirty-first night, but not on the thirtieth night, the moon is described as having been seen on the night of its fullness.
ד
חדש שיהיה תשעה ועשרים ויראה ירח בליל שלשים נקרא חדש חסר. ואם לא יראה הירח ויהיה החדש שעבר שלשים יום נקרא חדש מעובר ונקרא חדש מלא. וירח שיראה בליל שלשים הוא הנקרא ירח שנראה בזמנו. ואם נראה בליל אחד ושלשים ולא נראה בליל שלשים הוא נקרא ירח שנראה בליל עבורו:
5
The [establishment of Rosh Chodesh] based on the sighting of the moon is not the province of every individual,8 as is the Sabbath [of the weekly cycle]. [In the latter instance,] everyone counts six days and rests on the seventh day.
[The sanctification of the new month,] by contrast, has been entrusted to the court.9 [The new month does not begin] until it has been sanctified by the court, and it is the day that they establish as Rosh Chodesh that is Rosh Chodesh. [This is implied by the verse,] "This month will be for you...," - i.e., the testimony [concerning the new month] will be entrusted to you.10
ה
אין ראיית הירח מסורה לכל אדם כמו שבת בראשית שכל אחד מונה ששה ושובת בשביעי. אלא לבית דין הדבר מסור עד שיקדשוהו בית דין ויקבעו אותו היום ראש חדש הוא שיהיה ראש חדש. שנאמר החדש הזה לכם עדות זו תהיה מסורה לכם:
6
The [High] Court would make calculations in a manner resembling11the calculations of the astronomers, who know the location of the stars and their paths [in their orbits]. They would perform careful research to determine whether or not they would be able to sight the moon at the appropriate time - i.e., the thirtieth night.
If [the judges] determined that it was possible to sight [the moon], they would sit waiting for witnesses [to come and testify] throughout the entire thirtieth day. If witnesses came, and [the court] examined their testimony according to law, and verified the truth [of their statements], the court would sanctify [the new month]. If [the moon] was not sighted, and witnesses did not come,12 they would complete the thirtieth day, thus making the month full.
If, according to their calculations, [the judges] knew that it was impossible for the moon to be sighted, they would not sit [in session] on the thirtieth day, nor would they await [the arrival] of witnesses. If witnesses came, they would know that they are false witnesses, or that clouds appeared to them in a form resembling the moon, but it was not the real moon.
ו
בית דין מחשבין בחשבונות כדרך שמחשבים האיצטגנינים שיודעין מקומות הכוכבים ומהלכם וחוקרים ומדקדקים עד שידעו אם אפשר שיראה הירח בזמנו שהוא ליל שלשים או אי אפשר. אם ידעו שאפשר שיראה יושבין ומצפין לעדים כל היום כולו שהוא יום שלשים. אם באו עדים ודרשום וחקרום כהלכה ונאמנו דבריהם מקדשין אותו. ואם לא נראה ולא באו עדים משלימין שלשים ויהיה חדש מעובר. ואם ידעו בחשבון שאי אפשר שיראה אין יושבים יום שלשים ואין מצפין לעדים. ואם באו עדים יודעין בודאי שהן עדי שקר או שנראת להם דמות לבנה מן העבים ואינה הלבנה הודאית:
7
It is a positive commandment of the Torah13 for the court to calculate and determine whether or not the moon will be sighted, to examine witnesses until the moon can be sanctified, and to send forth [messengers] to inform the remainder of the people on which day Rosh Chodesh was observed,14 so that they will know the day [on which to celebrate] the festivals [as implied by Leviticus 23:2]: "that you will pronounce as days of holy convocation,"15 and [as implied by Exodus 13:10]: "And you shall observe this statute in its appointed season."16
ז
מצות עשה מן התורה על בית דין שיחשבו וידעו אם יראה הירח או לא יראה. ושידרשו את העדים עד שיקדשו את החדש. וישלחו ויודיעו שאר העם באי זה יום הוא ראש חדש כדי שידעו באי זה יום הן המועדות. שנאמר אשר תקראו אותם מקראי קדש ונאמר ושמרת את החקה הזאת למועדה:
8
The calculations and the establishment of the months and the leap years is carried out only in Eretz Yisrael [as implied by Isaiah 2:3]: "For out of Zion will emerge the law, and the word of God [will emerge] from Jerusalem."17
If a great sage who received semichah18 in Eretz Yisrael left for the diaspora without leaving a colleague of equal stature in Eretz Yisrael, he may make calculations, establish the monthly calendar, and institute leap years in the diaspora.19If, however, it becomes known to him that a sage of his stature has arisen in Eretz Yisrael - and surely, if a sage of greater stature has arisen in Eretz Yisrael - it is forbidden for him to establish [the monthly calendar] and [institute] leap years in the diaspora.20 If he transgresses, and [attempts to structure the calendar in this manner], his actions are of no consequence.21
ח
אין מחשבין וקובעין חדשים ומעברין שנים אלא בארץ ישראל שנאמר כי מציון תצא תורה ודבר ה' מירושלים. ואם היה אדם גדול בחכמה ונסמך בארץ ישראל ויצא לחוצה לארץ ולא הניח בארץ ישראל כמותו הרי זה מחשב וקובע חדשים ומעבר שנים בחוצה לארץ. ואם נודע לו שנעשה בארץ ישראל אדם גדול כמותו ואין צריך לומר גדול ממנו הרי זה אסור לקבוע ולעבר בחוצה לארץ ואם עבר וקבע ועיבר לא עשה כלום
FOOTNOTES
1.
The concept of a renewal each month is relevant regarding lunar months, but not with regard to solar months. For the moon is not seen for a day or two each month, while the sun shines continually every day throughout the year.
2.
Although the implication to a lunar month in this verse is not as obvious as in the former verse, there is an explicit teaching from our Sages indicating a connection, as the Rambam proceeds to explain.
3.
Mechilta D'Rashbi on the above verse; see also Midrash Tanchumah, Shemini, sec. 8; Menachot 29a.
4.
Sanhedrin 13b (cited by the Rambam, Chapter 4, Halachah 1) explains that this verse is a charge to arrange the calendar so that the vernal (spring) equinox always falls in the month of Nisan.
5.
The Rambam speaks in more precise figures in Chapter 6. At present, he is speaking in general terms to give an outline of the how the Jewish calendar is structured.
6.
Megillah 5a.
7.
As explained in the notes to Chapter 11, when the sun, the moon, and the earth are aligned in a straight line in that order, the moon reflects the sun's rays directly back to it, and no light can be seen from the earth. This is called the conjunction of the sun and the moon. Afterwards, the moon proceeds in its orbit away from the sun, and within approximately one day's time it will have moved a sufficient distance for it to reflect a small crescent of light to the earth. This crescent will always be sighted first in the western portion of the sky, close to the horizon.
The commentaries note that Rosh HaShanah 20b states that the moon cannot be seen for twenty-four hours every month. Aruch HaShulchan (Hilchot Kiddush HaChodesh, sec. 88) explains that there is no contradiction to the Rambam's statements here. There are twenty-four hours every month in which it is impossible to see the moon. There is in addition, however, approximately one day every month when the probability of seeing the moon is very low.
8.
I.e., in contrast to the Sabbath, a person who thinks that he has sighted the moon may not begin counting the days of the new month on his own initiative. Rather, he must go to the Sanhedrin and present his testimony to them, and it is they who decide whether or not to begin the new month. (Note the Rambam's comments in Sefer HaMitzvot , Positive Commandment 153, where he elaborates on this theme.)
9.
I.e., the Sanhedrin, the High Court that held sessions in Jerusalem until the Temple's destruction, and afterwards was located in various cities throughout Eretz Yisrael.
10.
As explained in Rosh HaShanah 22a, this command was addressed to Moses and Aaron. The words "to you" are seemingly unnecessary. Thus, they are interpreted to mean that just as this command is being given to you, so too, the fulfillment of it in subsequent times will be the responsibility of men like you - i.e., the judges of Israel's High Court. (See Chapter 2, Halachah 8, which mentions an application of this principle. See also Chapter 5, Halachah 1.)
11.
Rav Kapach explains that the Rambam chose his wording exactly. The calculations of the High Court merely "resembled the calculations of the astronomers." In truth, however, they operated under a different system. As the Rambam explains in Chapter 17, Halachah 24, the prophets and the descendants of the tribe of Issachar had a method of calculating the movement of the sun, the moon, and the stars, which had been transmitted to Moses on Mount Sinai. Although this method resembled the method of calculations employed by gentile scholars, it was unique and different. (See also the Rambam's Commentary on the Mishnah, Rosh HaShanah 2:8.)
This method of calculation was lost to our people shortly after the composition of the Mishnah. Subsequent texts, including the Rambam's own system of calculation, as explained from Chapter 11 onward, were based on Greek sources.
12.
Because the moon was covered with clouds or for other similar reasons. (See Chapter 18, Halachah 1.)
13.
See Sefer HaMitzvot (Positive Commandment 153) and Sefer HaChinuch (Mitzvah 4), which consider this to be one of the Torah's 613 mitzvot.
14.
The Rambam mentions three activities imperative on the court in fulfillment of this mitzvah: the calculation of the time for the sighting of the moon, the examination of the witnesses, and the notification of the Jewish people.
It is interesting to note that the structure of Hilchot Kiddush HaChodesh represents somewhat of a departure from the Rambam's usual style of presentation in the Mishneh Torah. He generally begins by citing a mitzvah and the proof-text from which it is derived, and afterwards he describes it. In this instance, the Rambam begins by describing the basic ground rules for the sighting of the moon, and afterwards he explains the mitzvah that is associated with this sighting.
Rav Kapach suggests that this approach could have been taken in reaction to the position of Rav Sa'adiah Gaon, who maintains that the fundamental aspect of determining the calendar was not the sighting of the moon, but rather the calculations of the Sages. See the Rambam's Commentary on the Mishnah (Rosh HaShanah 2:6).
15.
As stated in the conclusion of Chapter 2, this verse is an indication that the determination of the days on which the festivals are to be celebrated - and thus the establishment of the monthly calendar on which the former depends - was entrusted to the Jewish High Court.
16.
This verse refers to the Paschal sacrifice and teaches us that there is an obligation to "observe this statute," bring the Paschal sacrifice, "at its appointed time" - i.e., in the spring. This alludes to the second dimension of this mitzvah, the establishment of leap years so that the holiday of Pesach will always fall in the spring.
Note the Ramban (Hasagot to Sefer HaMitzvot, Shoresh 1), who cites opinions that consider these two dimensions - the establishment of Rosh Chodesh and the decision whether to observe leap years - as two separate mitzvot.
The Rambam's citation of this proof-text has attracted the attention of commentaries because of another difficulty. In Menachot 36b, the meaning of this verse is the subject of a difference of opinion between Rabbi Akiva and Rabbi Yosse HaG'lili. While the simple meaning of the phrase "this statute" is the Paschal sacrifice - and this is the interpretation of Rabbi Akiva - Rabbi Yosse HaG'lili interprets the phrase as referring to the mitzvah of wearing tefillin.
What is significant is that in the Mishneh Torah, the Rambam cites both the interpretations of Rabbi Akiva (in this halachah) and that of Rabbi Yosse HaG'lili (Hilchot Tefillin 4:10) as Torah law. The commentaries (see Radbaz, Vol. V, Responsum 1693) explain that this is indicative of a general pattern within the Mishneh Torah. The Rambam's intent in composing the Mishneh Torah was to provide us with a text of Torah practice, not a source book explaining the derivation of Torah law. He refers to verses only when they are necessary as supports. Therefore, in each instance he cites the proof-text that has the most obvious connection to the law or principle he is referring to, although it is possible that there is another verse from which this law was actually derived.
17.
See Sefer HaMitzvot, loc. cit., where the Rambam explains the connection of this mitzvah - and the Jewish people as a whole - to Eretz Yisrael in stirring terms.
18.
The ordination conveyed upon the Sages from Sage to Sage, in a chain that began with Moses himself. (See Hilchot Sanhedrin, Chapter 4.)
19.
Yevamot 122a relates that Rabbi Akiva journeyed to Neharde'a for this purpose, and from the narrative in Berachot 63a, it would appear that Chanina, Rabbi Yehoshua's nephew, lived in Babylon and ordained the order of the calendar from there for several years.
20.
Berachot, ibid., states that the Sages of Eretz Yisrael ordered Chanina to stop ordaining the calendar, because "the kids that you left behind have grown and become billy-goats with horns" - i.e., the Sages who were once on a lower level of understanding had matured and achieved a par with him.
21.
The Rambam is speaking about the era when the beginning of the new month was determined through the testimony of witnesses. The use of the fixed calendar we follow at present is discussed in Chapter 5.
Kiddush HaChodesh - Chapter Two
1
The only testimony that is acceptable with regard to [the sighting of] the new [moon] is that of two1 adult males2 who are fit to testify regarding all matters.3 Women and slaves,4 by contrast, are like other unacceptable witnesses and may not testify.
When a father and a son both see the new moon, they should both go the court to testify. Not because testimony regarding the [the sighting of] the new [moon] is acceptable [from witnesses who are] related, but because one of them may be disqualified because he is a thief or for other reasons, and the other will be able to join with another person and give testimony.
A person who is disqualified from serving as a witness by Rabbinical decree,5 although he is acceptable according to the law of the Torah itself, may not serve as a witness with regard to [the sighting of] the new [moon].
א
אין כשר לעדות החדש אלא שני אנשים כשרים הראויין להעיד בכל דבר ודבר. אבל נשים ועבדים הרי הן כשאר פסולי עדות ואין מעידין. אב ובנו שראו את הירח ילכו לבית דין להעיד. לא מפני שעדות החדש כשרה בקרובים אלא שאם ימצא אחד מהן פסול מפני שהוא גזלן וכיצא בו משאר הפסלנות יצטרף השני עם אחר ויעידו. וכל הפסול לעדות מדברי סופרים אע"פ שהוא כשר מן התורה פסול לעדות החדש:
2
According to the law of the Torah, there is no need to be precise regarding testimony about [the sighting of] the new [moon]. For even if the new moon was sanctified on the basis of the testimony of witnesses, and later it was discovered that those witnesses had perjured themselves,6 [the new moon] remains sanctified.7
Accordingly, in the early generations, testimony regarding [the sighting of] the new [moon] was accepted from any Jew [without further enquiry], for any Jew can be presumed to be an acceptable witness unless one knows with certainty that he is unacceptable. When the followers of Baithos8 began conducting themselves in a debased manner and would hire people9 to testify that they had seen the moon when in fact they had not, the court decreed that it would accept testimony regarding [the sighting of] the new [moon] only from witnesses whom the court knew to be acceptable. Moreover, they would examine and question their testimony.
ב
דין תורה שאין מדקדקין בעדות החדש. שאפילו קדשו את החדש על פי עדים ונמצאו זוממין בעדות זו הרי זו מקודש. לפיכך היו בראשונה מקבלין עדות החדש מכל אדם מישראל שכל ישראל בחזקת כשרות עד שיודע לך שזה פסול. משקלקלו הבייתוסים והיו שוכרין אנשים להעיד שראו והם לא ראו התקינו שלא יקבלו בית דין עדות החדש אלא מעדים שמכירין בית דין אותן שהם כשרים ושיהיו דורשין וחוקרים בעדות:
3
Therefore, if the [High] Court did not know [the character of] the witnesses who sighted the moon, the inhabitants of the city where the moon was sighted would send other witnesses10together with the witnesses who saw the moon to substantiate their character to the court, and inform [the judges] that they are acceptable [witnesses]. [Only] afterwards would the court accept their [testimony].
ג
לפיכך אם לא יהיו בית דין יודעים את העדים שראו את הירח משלחין אנשי העיר שנראה בה עם העדים שראו עדים אחרים שמזכין אותן לבית דין ומודיעין אותן שאלו כשרים הם ואחר כך מקבלין מהם:
4
The court would make calculations in a manner resembling the calculations of the astronomers, and would know whether the position of the moon - when it would be sighted - would be to the north of the sun, or to its south,11 if its [crescent] would be wide or narrow,12 and the direction in which its corners would be pointed.13
When the witnesses came to testify, they would ask them: "Where did you see [the moon]: to the north or to the south [of the sun]?", "In which direction were its corners pointed?", "How high and how wide did it appear to you?" If their replies were suitable, their testimony was accepted. If their replies were not suitable, their testimony was not accepted.
ד
בית דין מחשבין בדרכים שהאיצטגנינין מחשבין בהם ויודעין הלבנה כשתראה בחדש זה אם תהיה בצפון השמש או בדרומה ואם תהיה רחבה או קצרה ולהיכן יהיו ראשי קרניה נוטין. וכשיבאו העדים להעיד בודקין אותם כיצד ראיתם אותה בצפון או בדרום. להיכן היו קרניה נוטות. כמה היתה גבוהה בראיית עיניכם וכמה היתה רחבה. אם נמצאו דבריהם מכוונין למה שנודע בחשבון מקבלין אותם ואם לא נמצאו דבריהם מכוונין אין מקבלין אותם:
5
If the witnesses say, "We saw [the reflection of the moon] in water," or "...[its form] behind the clouds," or "...[its reflection] in a mirror," [what they] saw is of no [consequence], and this sighting cannot be used as the basis for sanctifying [the new moon].14 [The same law applies if the witnesses say,] "We saw a portion [of the moon] in the heavens, and a portion of [its form] behind the clouds," "...a portion [reflected] in water," or "...a portion [reflected] in a mirror."
If one [potential witness says,] "I saw it and it appeared to me approximately two storeys high," and another [potential witness] says, "It was three storeys high," their testimonies may be combined15 [and the moon sanctified on this basis]. If, however, one says "It was approximately three storeys high," and the other says, "It was approximately five storeys high," their testimonies may not be joined together.16 Either one of them, however, may join together with another witness who gives identical testimony, or [who gives testimony] involving a discrepancy of merely one storey.
ה
אמרו העדים ראינוהו במים או בעבים או בעששית. או שראו מקצתו ברקיע ומקצתו בעבים או במים או בעששית אין זו ראייה ואין מקדשין על ראייה זאת. אמר אחד ראיתיו גבוה בעיני כמו שתי קומות ואמר השני כמו שלש קומות היה גבוה מצטרפין. אמר האחד כמו שלש קומות והשני אמר כמו חמש אין מצטרפין. ומצטרף אחד מהם עם שני שיעיד כמותו או יהיה ביניהן קומה אחת:
6
If witnesses say, "We saw [the moon] without concentrating our attention, and, afterwards, when we concentrated our attention with the intent of sighting it so that we could testify, we did not see it," this is not considered [valid] testimony, and it cannot serve as the basis for sanctifying [the new moon]. Perhaps clouds came together, and appeared like the moon, and afterwards became dispersed.17
If witnesses say, "We saw [the moon] on the twenty-ninth [day] in the morning in the east before sunrise, and [afterwards,] in the evening, we saw it in the west on the thirtieth night," their testimony is believed, and the moon can be sanctified on this basis. [The rationale is] that they saw [the moon] at its appropriate time. [Their testimony] about [what they thought] they saw in the morning is disregarded. We need not pay any attention to what they saw in the morning, for it is obvious that it was the conjunction of clouds that appeared to them as the moon.18
Similarly, if [witnesses claim] to have seen the moon at its appropriate time, but it was not seen on the thirty-first night, their [testimony] is believed. For what is significant for us is only the sighting [of the moon] on the thirtieth night.19
ו
אמרו ראינוהו בלא כוונה וכיון שהתבוננו בו ונתכוננו לראותו להעיד שוב לא ראינוהו אין זו עדות ואין מקדשין עליה. שמא עבים נתקשרו ונראו כלבנה וכלו והלכו להם. אמרו עדים ראינוהו ביום תשעה ועשרים שחרית במזרח קודם שתעלה השמש וראינוהו ערבית במערב בליל שלשים הרי אלו נאמנים ומקדשין על ראייה זו שהרי ראוהו בזמנו. אבל הראייה שאמרו שראוהו בשחרית אין נזקקין לה שאין אנו אחראין לראיית שחרית ובידוע שהעבים הם שנתקשרו ונראה להם כלבנה. וכן אם ראוהו בזמנו ובליל עיבורו לא נראה הרי אלו נאמנין שאין אנו אחראין אלא לראיית ליל שלשים בלבד:
7
What is the process through which the testimony regarding the sighting of the moon is accepted? Anyone who saw the moon and is fit to testify20 should come to the court. The [judges] should bring them all to a single place,21 and should make a large feast for them, so that people will come regularly. The pair [of witnesses] who arrive first are examined first according to the questions mentioned previously.22 The one of greater stature is invited [into a private chamber] first and asked these questions. If his testimony is accurate according to [the data that the court arrives at through] calculations, they invite his colleague in. If their statements are comparable,23 their testimony is substantiated.
[Afterwards,] the remaining pairs are asked questions of a broader nature. [In truth,] their testimony is not required at all, [and they are being asked] only so they will not depart disheartened, so that they will come frequently [in the future].24
ז
כיצד מקבלין עדות החדש. כל מי שראוי להעיד שראה את הירח בא לבית דין. ובית דין מכניסים אותן כולן למקום אחד ועושין להן סעודות גדולות כדי שיהיו העם רגילין לבא. וזוג שבא ראשון בודקין אותן ראשון בבדיקות שאמרנו. מכניסין את הגדול ושואלין אותו נמצאו דבריו מכוונים לחשבון מכניסים את חברו. נמצאו דבריהם מכוונין עדותן קיימת. ושאר כל הזוגות שואלין אותם ראשי דברים לא שצריכים להם אלא כדי שלא יצאו בפחי נפש כדי שיהיו רגילין לבא:
8
Afterwards - i.e., after [the witnesses'] testimony is substantiated - the head of the court declares, "It has been sanctified." And all the people respond, "It has been sanctified. It has been sanctified."
A minimum of three judges is required to sanctify the new moon.25Similarly, the calculations [regarding the moon's position] must be made by three judges. The new moon is sanctified only when it is sighted at its appropriate time.26 Moreover, the moon is sanctified only during the day.27 If it was sanctified at night, the sanctification is of no consequence.
Furthermore, even if the court and the entire Jewish people saw the moon, but the court did not declare that "It has been sanctified"28 before the nightfall beginning the thirty-first day, or if the witnesses were cross-examined, but afterwards the court was not able to declare that "It has been sanctified" before the nightfall beginning the thirty-first day,29 it should not be sanctified,30 and the month should be full. Despite the fact that the moon was sighted on the thirtieth night, it is the thirty- first day that will be Rosh Chodesh. For [the sanctification of the new month] is not established by the sighting of the moon, but by the court that declares, "It has been sanctified."31
ח
ואחר כך אחר שתתקיים העדות ראש בית דין אומר מקודש וכל העם עונים אחריו מקודש מקודש ואין מקדשין את החדש אלא בשלשה. ואין מחשבין אלא בשלשה. ואין מקדשין אלא חדש שנראה בזמנו. ואין מקדשין אלא ביום ואם קדשוהו בלילה אינו מקודש. ואפילו ראוהו בית דין וכל ישראל ולא אמרו בית דין מקודש עד שחשכה ליל אחד ושלשים. או שנחקרו העדים ולא הספיקו בית דין לומר מקודש עד שחשכה ליל אחד ושלשים. אין מקדשין אותו ויהיה החדש מעובר ולא יהיה ראש חדש אלא יום אחד ושלשים אע"פ שנראית בליל שלשים. שאין הראייה קובעת אלא בית דין שאמרו מקודש הם שקובעין:
9
If the court themselves see [the new moon] at the conclusion of the twenty-ninth day, before a star has emerged on the thirtieth night, the court may declare, "It has been sanctified; it has been sanctified,"32 for it is still day.33
If [the judges] sight the moon on the night of the thirtieth day after two stars have appeared,34 [they should adhere to the following procedure]. On the morrow, two other judges join one of the three [to form a court]. The other two [judges] then testify before [this court] of three, who then [sanctify the new month].
ט
ראוהו בית דין עצמן בסוף יום תשעה ועשרים. אם עדיין לא יצא כוכב ליל שלשים. בית דין אומרים מקודש שעדיין יום הוא. ואם ראוהו בליל שלשים אחר שיצאו שני כוכבים. למחר מושיבין שני דיינין אצל אחד מהם ויעידו השנים בפני השלשה ויקדשוהו השלשה:
10
Once the court sanctifies the new month, it remains sanctified regardless of whether they erred unwittingly, they were led astray [by false witnesses], or they were forced [to sanctify it].35 We are required to calculate [the dates of] the festivals based on the day that they sanctified [as the beginning of the new month].
Even if [a person] knows that [the court] erred, he is obligated to rely on them,36 for the matter is entrusted to them alone. The One who commanded us to observe the festivals is the One who commanded [us] to rely on them, as [implied by Leviticus 23:2]: "Which you will pronounce as days of holy convocation."37
י
בית דין שקדשו את החדש בין שוגגין בין מוטעין בין אנוסים הרי זה מקודש וחייבין הכל לתקן המועדות על היום שקדשו בו. אע"פ שזה יודע שטעו חייב לסמוך עליהם שאין הדבר מסור אלא להם ומי שצוה לשמור המועדות הוא צוה לסמוך עליהם שנאמר אשר תקראו אתם וגו'
FOOTNOTES
1.
For all evidence must be substantiated by the testimony of two witnesses, as implied by Deuteronomy 19:15 which states, "The testimony of a single witness will not stand." See Hilchot Edut, ch. 5.
2.
Both these concepts are implied by the Hebrew word anashim.
3.
See Hilchot Edut, Chapters 9-10, 12-14.
4.
Who are not acceptable for testimony in court (Hilchot Edut 9:2,4). The slaves referred to here are "Canaanite slaves," gentiles purchased as slaves. A Jewish servant, eved ivri, may give testimony in court on this and other matters.
5.
E.g., gamblers, usurers, and other individuals described in Hilchot Edut, Chapter 11.
6.
More particularly, the term used by the Rambam, zomemim refers to witnesses who claimed that they saw the moon while they were located in a specific place at a specific time, and later it was proven that they had been in another place at that time. (See Hilchot Edut, Chapter 18.)
7.
See Halachah 10.
8.
Avot D'Rabbi Natan 5:2 relates that Antigonus of Socho had two talented students, Tzadok and Baithos. When Antigonus taught: "Do not be like students serving a master in order to receive a reward," they turned away in disgust, commenting, "Is it proper for a worker to toil the entire day without receiving any recompense?"
They began splinter groups that rejected the core of Jewish practice and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Godly was the written law. The oral law, they maintained, was merely a human invention.
This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would refer to all those who deny the Torah and its tradition as Sadducees (from Tzadok) or Baithosees (from Baithos) [the Rambam's Commentary on the Mishnah, Avot 1:3]. Not only did these individuals scorn Torah observance themselves, but they tried, as indicated by this halachah, to undermine the observance of the Jewish nation as a whole.
Our translation follows the standard printed text of the Mishneh Torah. Many original printings and manuscripts state minnim, "non-believers," rather than "the followers of Baithos." Similarly, the Rambam's source, Rosh HaShanah 2:1, uses this term. Some consider this as a reference to the early Christians.
9.
Rosh HaShanah 22b relates that the Sadducees paid witnesses 400 zuzim to testify falsely with regard to the sighting of the moon.
10.
The Rambam uses a plural term, implying that two character witnesses are required. This prerequisite is apparent from Rosh HaShanah 22b. The Jerusalem Talmud (Rosh HaShanah 2:1), by contrast, requires only one character witness.
11.
As the Rambam states in his Commentary on the Mishnah, Rosh HaShanah 2:7, this refers to the latitude of the moon. This subject is explained in Chapter 16.
12.
As the Rambam explains in his Commentary on the Mishnah (loc. cit.), the size of the moon's crescent grows as it moves further away from the sun.
13.
See Chapter 19 for an explanation of how the court can determine these matters.
14.
To sanctify the moon, it is necessary to see the moon itself - and not its reflection - and to see it clearly, not as it is hidden by clouds.
15.
Although there is a discrepancy between them, the two testimonies are not considered to contradict each other, since it is possible for a person to err slightly in making such an estimation.
16.
For this discrepancy is too great for the two to be considered a single statement.
17.
Rosh HaShanah 24a and 25a mentions instances where the conjunction of the clouds appeared to resemble the moon.
18.
The Rambam's statements are based on his interpretation of the difference of opinion between Rabban Gamliel and Rabbi Yochanan ben Nuri mentioned in Rosh HaShanah 2:9. (See the Rambam's Commentary on the Mishnah for a detailed analysis of this matter.)
Rabbi Yochanan ben Nuri maintains that the witnesses' testimony should be disregarded, because it cannot possibly be true. Everyone knows that, at the beginning of the month, the moon always appears on the western horizon for a brief period after the setting of the sun. At this time of the month, seeing it in the morning, before sunrise, is impossible. (See Chapters 15 and 17 for an explanation of this phenomenon.) Since the testimony of these witnesses contains an obvious error, the testimony should be disregarded entirely.
Rabban Gamliel, as his opinion is explained by the Rambam, was aware of this astronomical concept as well. Nevertheless, in the instance mentioned in the Mishnah, he knew that according to the calculations, it would have been possible for the moon to have been sighted on the night mentioned by the witnesses. Why then, he argued, should their testimony be discounted entirely because of the error they made regarding the morning. The fact that then, they mistook the condensation of clouds for the moon should not cause their testimony to be disregarded entirely.
19.
This represents a parallel difference of opinion mentioned in Rosh HaShanah (op. cit.). Rabbi Dosa ben Hyrkanos maintains that it is impossible for the moon to be sighted on one night, and then for it not to be sighted on the following night.
Rabban Gamliel (as his position is explained by the Rambam in his Commentary on the Mishnah) accepted the witnesses' testimony in this instance, because he knew that, according to the calculations, it was possible for the moon to be sighted on the thirtieth night. The fact that it was not sighted again on the thirty-first night was merely a matter of circumstance: no one was trying to see it, their view was obstructed by clouds, or the like.
20.
I.e., there is no benefit to be derived from a witness whose testimony will not be accepted by the court because of his conduct - e.g., a transgressor, a gambler, or a usurer.
21.
Rosh HaShanah 23b states that there was a large courtyard in Jerusalem called "the house of Ya'azak" where the witnesses would gather.
22.
In Halachah 4.
23.
See Halachah 5.
24.
The Rambam (based on Rosh HaShanah 2:7) is communicating an important lesson in human dynamics. Since the court might need these witnesses in the future, it is important that they feel that consideration is shown to them, and that their coming was not futile.
25.
Rosh HaShanah 25b derives this concept as follows: The commandment "This month shall be for you..." was addressed to both Moses and Aaron, implying that at least two judges are necessary. A court must be composed of an odd number of judges, and hence a third judge is required.
26.
I.e., as the Rambam continues to explain, for the new month to be sanctified, the moon must be sighted on the thirtieth night, the witnesses must testify on the thirtieth day, and the court must declare the month to be sanctified - all before sunset of that day.
27.
Based on Psalms 81:4-5, Rosh HaShanah 25b draws an equation between the sighting of the new moon and the delivery of a judgment. Just as a judgment may be delivered only during the day, so too, the mitzvah of the sanctifying the new moon applies only by day.
28.
In his Commentary on the Mishnah, Rosh HaShanah 3:1, the Rambam explains that one might think that since the court and the entire Jewish people saw the moon, there was no need to sanctify the new month. Therefore, as he concludes in this halachah, it is necessary to emphasize that it is the sanctification of the court that establishes the new month, and not the sighting of the moon alone.
29.
Rosh HaShanah (loc. cit.) explains that although a decision regarding a monetary case may be rendered at night if the testimony was received by the court during the day, this concept does not apply regarding the sanctification of the new month. The court must actually sanctify the new month during the day.
30.
Based on Chapter 3, Halachot 15-18, it would appear that the Rambam's intent is that, since the new month was not sanctified at its appropriate time, the court endeavors to have the witnesses' testimony disqualified. If, however, the witnesses' testimony is substantiated despite the court's efforts, the month can be sanctified retroactively.
31.
As mentioned in Chapter 1, Halachah 5, the mitzvah of sanctifying the new month has been entrusted to the court.
32.
Rosh HaShanah 25b explains that this teaches us that hearing the testimony of the witnesses is not more effective than the actual sighting of the moon itself.
33.
In his Commentary on the Mishnah (Rosh HaShanah 3:1), the Rambam writes that although the sun has set, the night does not begin until the appearance of the stars, and it is still possible to sanctify the new moon.
(The Rambam's wording in this halachah and in the related portions of his Commentary on the Mishnah have raised questions concerning his conception of the limits of the day, the night, and the intermediate period referred to as beyn hash'mashot. See the Radbaz (Vol. V, Responsum 1379), the Ralbach, the Or Sameach and others, who address themselves to this issue.)
It is also significant to mention that Rashi (Rosh HaShanah, loc. cit.) and others differ with the Rambam's interpretation of the Mishnah, and consider it as referring to the citing of the moon at the conclusion of the thirtieth day, on the eve of the thirty- first.
34.
From this time onward, they can no longer sanctify the new month on the basis of their sighting alone. Instead, the procedure outlined by the Rambam must be followed.
35.
Significantly, instead of mentioning the court as being forced to sanctify the month on the wrong day, Rosh HaShanah 25a states "even if they purposefully sanctified the moon on the wrong day" - i.e., they accepted the testimony of witnesses even when they knew that it was flimsy. The Rambam chooses not to mention such an instance, and instead quotes the Mechilta D'Rashbi and the Sifra.
36.
Rosh HaShanah 2:10 relates that once Rabbi Yehoshua differed with Rabban Gamliel concerning the acceptance of the testimony of witnesses with regard to Rosh HaShanah. Since Rabban Gamliel was the head of the High Court, his opinion was accepted. To emphasize the importance of following the necessity for uniform adherence to the decisions of the court, Rabban Gamliel ordered Rabbi Yehoshua to appear before him carrying his staff and his wallet on the day that Rabbi Yehoshua thought should be considered as Yom Kippur.
After consulting with his colleagues, Rabbi Yehoshua obeyed Rabban Gamliel's instructions. Afterwards, Rabban Gamliel honored Rabbi Yehoshua for his humility and deference to the court's authority.
37.
אתם, meaning "which" in the above verse, can also mean "you," when vocalized differently. Thus, the authority of "you," the Jewish court to whom this matter is entrusted, is emphasized more powerfully (Rosh HaShanah, loc. cit.).
• Wednesday, 21 Kislev, 5777 · 21 December 2016
• "Today's Day"
• Monday, Kislev 21, 5703
Torah lessons: Chumash: Vayeishev, Sheini with Rashi.
Tehillim: 104-105.
Tanya: Compiler's foreword (p.xii)...in the gates (she'arim) (p.xiv).
Learn Mishna by heart, each person according to his capacity, and then while walking in the street, review Mishna from memory; you will thereby merit welcoming Mashiach.
Chassidim must study Chassidus; all chassidim on Mondays, Thursdays, and Shabbat; T'mimim1 an hour every day.
FOOTNOTES
1.Former (in this context) students of Yeshivat Tomchei Tmimim, the Lubavitcher yeshiva; see Elul 15, (p. 87 in the published version).
• Daily Thought:
Greater Miracles
There will come a time, very soon, when we will be shown miracles so great, they will make the Ten Plagues and the splitting of the Red Sea appear as ordinary as nature itself.
So great, no mind can begin to fathom them;
so powerful, they will transform the very fabric of our world, elevating it in a way that the wonders of the Exodus could not achieve.
For then, our eyes will be opened and granted the power to see the greatest of miracles.
And what are those miracles?
Those that occur to us now, beneath our very noses, every day.[Maamar Kimei Tzeit’cha 5712.]
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