Torah Reading
Shemot: Exodus 1:1 These are the names of the sons of Isra’el who came into Egypt with Ya‘akov; each man came with his household: 2 Re’uven, Shim‘on, Levi, Y’hudah, 3 Yissakhar, Z’vulun, Binyamin, 4 Dan, Naftali, Gad and Asher. 5 All told, there were seventy descendants of Ya‘akov; Yosef was already in Egypt.
6 Yosef died, as did all his brothers and all that generation. 7 The descendants of Isra’el were fruitful, increased abundantly, multiplied and grew very powerful; the land became filled with them.
8 Now there arose a new king over Egypt. He knew nothing about Yosef 9 but said to his people, “Look, the descendants of Isra’el have become a people too numerous and powerful for us. 10 Come, let’s use wisdom in dealing with them. Otherwise, they’ll continue to multiply; and in the event of war they might ally themselves with our enemies, fight against us and leave the land altogether.”
11 So they put slavemasters over them to oppress them with forced labor, and they built for Pharaoh the storage cities of Pitom and Ra‘amses. 12 But the more the Egyptians oppressed them, the more they multiplied and expanded, until the Egyptians came to dread the people of Isra’el 13 and worked them relentlessly, 14 making their lives bitter with hard labor — digging clay, making bricks, all kinds of field work; and in all this toil they were shown no mercy.
15 Moreover, the king of Egypt spoke to the Hebrew midwives, one of whom was called Shifrah and the other Pu‘ah. 16 “When you attend the Hebrew women and see them giving birth,” he said, “if it’s a boy, kill him; but if it’s a girl, let her live.” 17 However, the midwives were God-fearing women, so they didn’t do as the king of Egypt ordered but let the boys live. (ii) 18 The king of Egypt summoned the midwives and demanded of them, “Why have you done this and let the boys live?” 19 The midwives answered Pharaoh, “It’s because the Hebrew women aren’t like the Egyptian women — they go into labor and give birth before the midwife arrives.” 20 Therefore God prospered the midwives, and the people continued to multiply and grow very powerful. 21 Indeed, because the midwives feared God, he made them founders of families. 22 Then Pharaoh gave this order to all his people: “Every boy that is born, throw in the river; but let all the girls live.”
2:1 A man from the family of Levi took a woman also descended from Levi as his wife. 2 When she conceived and had a son, upon seeing what a fine child he was, she hid him for three months. 3 When she could no longer hide him, she took a papyrus basket, coated it with clay and tar, put the child in it and placed it among the reeds on the riverbank. 4 His sister stood at a distance to see what would happen to him.
5 The daughter of Pharaoh came down to bathe in the river while her maids-in-attendance walked along the riverside. Spotting the basket among the reeds, she sent her slave-girl to get it. 6 She opened it and looked inside, and there in front of her was a crying baby boy! Moved with pity, she said, “This must be one of the Hebrews’ children.” 7 At this point, his sister said to Pharaoh’s daughter, “Would you like me to go and find you one of the Hebrew women to nurse the baby for you?” 8 Pharaoh’s daughter answered, “Yes, go.” So the girl went and called the baby’s own mother. 9 Pharaoh’s daughter told her, “Take this child away, and nurse it for me, and I will pay you for doing it.” So the woman took the child and nursed it. 10 Then, when the child had grown some, she brought him to Pharaoh’s daughter; and she began to raise him as her son. She called him Moshe [pull out], explaining, “Because I pulled him out of the water.”
(iii) 11 One day, when Moshe was a grown man, he went out to visit his kinsmen; and he watched them struggling at forced labor. He saw an Egyptian strike a Hebrew, one of his kinsmen. 12 He looked this way and that; and when he saw that no one was around, he killed the Egyptian and hid his body in the sand. 13 The next day, he went out and saw two Hebrew men fighting with each other. To the one in the wrong he said, “Why are you hitting your companion?” 14 He retorted, “Who appointed you ruler and judge over us? Do you intend to kill me the way you killed the Egyptian?” Moshe became frightened. “Clearly,” he thought, “the matter has become known.” 15 When Pharaoh heard of it, he tried to have Moshe put to death. But Moshe fled from Pharaoh to live in the land of Midyan.
One day, as he was sitting by a well, 16 the seven daughters of the priest of Midyan came to draw water. They had filled the troughs to water their father’s sheep, 17 when the shepherds came and tried to drive them away. But Moshe got up and defended them; then he watered their sheep. 18 When they came to Re‘u’el their father, he said, “How come you’re back so soon today?” 19 They answered, “An Egyptian rescued us from the shepherds; more than that, he drew water for us and watered the sheep.” 20 He asked his daughters, “Where is he? Why did you leave the man there? Invite him to have something to eat.”
21 Moshe was glad to stay on with the man, and he gave Moshe his daughter Tzipporah in marriage. 22 She gave birth to a son, and he named him Gershom [foreigner there], for he said, “I have been a foreigner in a foreign land.”
23 Sometime during those many years the king of Egypt died, but the people of Isra’el still groaned under the yoke of slavery, and they cried out, and their cry for rescue from slavery came up to God. 24 God heard their groaning, and God remembered his covenant with Avraham, Yitz’chak and Ya‘akov. 25 God saw the people of Isra’el, and God acknowledged them.
3:1 (iv) Now Moshe was tending the sheep of Yitro his father-in-law, the priest of Midyan. Leading the flock to the far side of the desert, he came to the mountain of God, to Horev. 2 The angel of Adonai appeared to him in a fire blazing from the middle of a bush. He looked and saw that although the bush was flaming with fire, yet the bush was not being burned up. 3 Moshe said, “I’m going to go over and see this amazing sight and find out why the bush isn’t being burned up.” 4 When Adonai saw that he had gone over to see, God called to him from the middle of the bush, “Moshe! Moshe!” He answered, “Here I am.” 5 He said, “Don’t come any closer! Take your sandals off your feet, because the place where you are standing is holy ground. 6 I am the God of your father,” he continued, “the God of Avraham, the God of Yitz’chak and the God of Ya‘akov.” Moshe covered his face, because he was afraid to look at God. 7 Adonai said, “I have seen how my people are being oppressed in Egypt and heard their cry for release from their slavemasters, because I know their pain. 8 I have come down to rescue them from the Egyptians and to bring them up out of that country to a good and spacious land, a land flowing with milk and honey, the place of the Kena‘ani, Hitti, Emori, P’rizi, Hivi and Y’vusi. 9 Yes, the cry of the people of Isra’el has come to me, and I have seen how terribly the Egyptians oppress them. 10 Therefore, now, come; and I will send you to Pharaoh; so that you can lead my people, the descendants of Isra’el, out of Egypt.”
11 Moshe said to God, “Who am I, that I should go to Pharaoh and lead the people of Isra’el out of Egypt?” 12 He replied, “I will surely be with you. Your sign that I have sent you will be that when you have led the people out of Egypt, you will worship God on this mountain.”
13 Moshe said to God, “Look, when I appear before the people of Isra’el and say to them, ‘The God of your ancestors has sent me to you’; and they ask me, ‘What is his name?’ what am I to tell them?” 14 God said to Moshe, “Ehyeh Asher Ehyeh [I am/will be what I am/will be],” and added, “Here is what to say to the people of Isra’el: ‘Ehyeh [I Am or I Will Be] has sent me to you.’” 15 God said further to Moshe, “Say this to the people of Isra’el: ‘Yud-Heh-Vav-Heh [Adonai], the God of your fathers, the God of Avraham, the God of Yitz’chak and the God of Ya‘akov, has sent me to you.’ This is my name forever; this is how I am to be remembered generation after generation. (v) 16 Go, gather the leaders of Isra’el together, and say to them, ‘Adonai, the God of your fathers, the God of Avraham, Yitz’chak and Ya‘akov, has appeared to me and said, “I have been paying close attention to you and have seen what is being done to you in Egypt; 17 and I have said that I will lead you up out of the misery of Egypt to the land of the Kena‘ani, Hitti, Emori, P’rizi, Hivi and Y’vusi, to a land flowing with milk and honey.”’ 18 They will heed what you say. Then you will come, you and the leaders of Isra’el, before the king of Egypt; and you will tell him, ‘Adonai, the God of the Hebrews, has met with us. Now, please, let us go three days’ journey into the desert; so that we can sacrifice to Adonai our God.’ 19 I know that the king of Egypt will not let you leave unless he is forced to do so. 20 But I will reach out my hand and strike Egypt with all my wonders that I will do there. After that, he will let you go. 21 Moreover, I will make the Egyptians so well-disposed toward this people that when you go, you won’t go empty-handed. 22 Rather, all the women will ask their neighbors and house guests for silver and gold jewelry and clothing, with which you will dress your own sons and daughters. In this way you will plunder the Egyptians.”
4:1 Moshe replied, “But I’m certain they won’t believe me, and they won’t listen to what I say, because they’ll say, ‘Adonai did not appear to you.’” 2 Adonai answered him, “What is that in your hand?” and he said, “A staff.” 3 He said, “Throw it on the ground!” and he threw it on the ground. It turned into a snake, and Moshe recoiled from it. 4 Then Adonai said to Moshe, “Put your hand out and take it by the tail.” He reached out with his hand and took hold of it, and it became a staff in his hand. 5 “This is so that they will believe that Adonai, the God of their fathers, the God of Avraham, the God of Yitz’chak and the God of Ya‘akov, has appeared to you!”
6 Furthermore Adonai said to him, “Now put your hand inside your coat.” He put his hand in his coat; and when he took it out his hand was leprous, as white as snow. 7 Then God said, “Now put your hand back in your coat.” He put his hand back in his coat; and when he took it out, it was as healthy as the rest of his body. 8 “If they won’t believe you or heed the evidence of the first sign, they will be convinced by the second. 9 But if they aren’t persuaded even by both these signs and still won’t listen to what you say, then take some water from the river, and pour it on the ground. The water you take from the river will turn into blood on the dry land.”
10 Moshe said to Adonai, “Oh, Adonai, I’m a terrible speaker. I always have been, and I’m no better now, even after you’ve spoken to your servant! My words come slowly, my tongue moves slowly.” 11 Adonai answered him, “Who gives a person a mouth? Who makes a person dumb or deaf, keen-sighted or blind? Isn’t it I, Adonai? 12 Now, therefore, go; and I will be with your mouth and will teach you what to say.”
13 But he replied, “Please, Lord, send someone else — anyone you want!” 14 At this, Adonai’s anger blazed up against Moshe; he said, “Don’t you have a brother, Aharon the Levi? I know that he’s a good speaker. In fact, here he is now, coming out to meet you; and he’ll be happy to see you. 15 You will speak to him and put the words in his mouth; and I will be with your mouth and his, teaching you both what to do. 16 Thus he will be your spokesman to the people, in effect; for you, he will be a mouth; and for him, you will be like God. 17 Now take this staff in your hand, because you need it to perform the signs.”
(vi) 18 Moshe left, returned to Yitro his father-in-law and said to him, “I beg you to let me go and return to my kinsmen in Egypt, to see if they are still alive.” Yitro said to Moshe, “Go in peace.” 19 Adonai said to Moshe in Midyan, “Go on back to Egypt, because all the men who wanted to kill you are dead.” 20 So Moshe took his wife and sons, put them on a donkey, and started out for Egypt. Moshe took God’s staff in his hand. 21 Adonai said to Moshe, “When you get back to Egypt, make sure that you do before Pharaoh every one of the wonders I have enabled you to do. Nevertheless, I am going to make him hardhearted, and he will refuse to let the people go. 22 Then you are to tell Pharaoh: ‘Adonai says, “Isra’el is my firstborn son. 23 I have told you to let my son go in order to worship me, but you have refused to let him go. Well, then, I will kill your firstborn son!”’”
24 At a lodging-place on the way, Adonai met Moshe and would have killed him, 25 had not Tzipporah taken a flintstone and cut off the foreskin of her son. She threw it at his feet, saying, “What a bloody bridegroom you are for me!” 26 But then, God let Moshe be. She added, “A bloody bridegroom because of the circumcision!”
27 Adonai said to Aharon, “Go into the desert to meet Moshe.” He went, met him at the mountain of God and kissed him. 28 Moshe told him everything Adonai had said in sending him, including all the signs he had ordered him to perform. 29 Then Moshe and Aharon went and gathered together all the leaders of the people of Isra’el. 30 Aharon said everything Adonai had told Moshe, who then performed the signs for the people to see. 31 The people believed; when they heard that Adonai had remembered the people of Isra’el and seen how they were oppressed, they bowed their heads and worshipped.
5:1 (vii) After that, Moshe and Aharon came and said to Pharaoh, “Here is what Adonai, the God of Isra’el, says: ‘Let my people go, so that they can celebrate a festival in the desert to honor me.’” 2 But Pharaoh replied, “Who is Adonai, that I should obey when he says to let Isra’el go? I don’t know Adonai, and I also won’t let Isra’el go.” 3 They said, “The God of the Hebrews has met with us. Please let us go three days’ journey into the desert, so that we can sacrifice to Adonai our God. Otherwise, he may strike us with a plague or with the sword.” 4 The king of Egypt answered them, “Moshe and Aharon, what do you mean by taking the people away from their work? Get back to your labor! 5 Look!” Pharaoh added, “the population of the land has grown, yet you are trying to have them stop working!”
6 That same day Pharaoh ordered the slavemasters and the people’s foremen, 7 “You are no longer to provide straw for the bricks the people are making, as you did before. Let them go and gather straw for themselves. 8 But you will require them to produce the same quantity of bricks as before, don’t reduce it, because they’re lazing around. This is why they’re crying, ‘Let us go and sacrifice to our God.’ 9 Give these people harder work to do. That will keep them too busy to pay attention to speeches full of lies.”
10 The people’s slavemasters went out, their foremen too, and said to the people, “Here is what Pharaoh says: ‘I will no longer give you straw. 11 You go, yourselves, and get straw wherever you can find it. But your output is not to be reduced.’” 12 So the people were dispersed throughout all the land of Egypt to gather stubble for straw. 13 The slavemasters kept pressing them. “Keep working! Make your daily quota, just as when straw was provided.” 14 The foremen of the people of Isra’el, whom Pharaoh’s slavemasters had appointed to be over them, were flogged and asked, “Why haven’t you fulfilled your quota of bricks yesterday and today, as you did formerly?”
15 Then the foremen of the people of Isra’el came and complained to Pharaoh: “Why are you treating your servants this way? 16 No straw is given to your servants, yet they keep telling us to make bricks. And now your servants are being flogged, but the fault lies with your own people.” 17 “Lazy!” he retorted, “You’re just lazy! That’s why you say, ‘Let us go and sacrifice to Adonai.’ 18 Get going now, and get back to work! No straw will be given to you, and you will still deliver the full amount of bricks.” 19 When they said, “You are not to reduce your daily production quota of bricks,” the foremen of the people of Isra’el could see that they were in deep trouble.
20 As they were leaving Pharaoh, they encountered Moshe and Aharon standing by the road; 21 and they said to them, “May Adonai look at you and judge accordingly, because you have made us utterly abhorrent in the view of Pharaoh and his servants, and you have put a sword in their hands to kill us!” (Maftir) 22 Moshe returned to Adonai and said, “Adonai, why have you treated this people so terribly? What has been the value of sending me? 23 For ever since I came to Pharaoh to speak in your name, he has dealt terribly with this people! And you haven’t rescued your people at all!”
6:1 Adonai said to Moshe, “Now you will see what I am going to do to Pharaoh. With a mighty hand he will send them off; with force he will drive them from the land!”
Isaiah 27:6 The time is coming when Ya‘akov will take root;
Isra’el will bud and flower,
and fill the whole world with a harvest.
7 [Adonai] will not strike Isra’el,
as he did others who struck Isra’el;
he will not kill them,
as he did the others.
8 Your controversy with her is fully resolved
by sending her [into exile].
He removes her with a rough gust of wind
on a day when it’s blowing from the east.
9 So the iniquity of Ya‘akov is atoned for by this,
and removing his sin produces this result:
he chops up all the altar stones like chalk —
sacred poles and sun-pillars stand no more.
10 For the fortified city is alone,
abandoned and deserted, like the desert.
Calves graze and lie down there,
stripping its branches bare.
11 When its harvest dries up, it is broken off;
women come and set it on fire.
For this is a people without understanding.
Therefore he who made them will not pity them,
he who formed them will show them no mercy.
12 On that day Adonai will beat out the grain
between the Euphrates River and the Vadi of Egypt;
and you will be gathered, one by one,
people of Isra’el!
13 On that day a great shofar will sound.
Those lost in the land of Ashur will come,
also those scattered through the land of Egypt;
and they will worship Adonai
on the holy mountain in Yerushalayim.
Isaiah 29:22 Therefore, here are the words of Adonai, who redeemed Avraham, concerning the house of Ya‘akov:
“Ya‘akov will no longer be ashamed,
no longer will his face grow pale.
23 When his descendants see the work of my hands
among them, they will consecrate my name.
Yes, they will consecrate the Holy one of Ya‘akov
and stand in awe of the God of Isra’el.
Today's Laws & Customs:
• Blessing the New Month This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Shevat, which falls on the following Shabbat.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon.Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms); The Farbrengen
Today in Jewish History:
• Decree of Expulsion Issued for Portuguese Jews (1496) Following the death of King Joao of Portugal in 1494, his son King Manuel I ascended the throne. When his legitimacy as heir to the throne was challenged, Manuel wished to marry Princess Isabel of Spain, daughter of Ferdinand and Isabella, in order to solidify his position. As a precondition to the marriage, the Spanish monarch demanded that Portugal expel its Jews—many of whom were refugees from the 1492 Spanish Expulsion who found refuge in the neighboring country of Portugal. Manuel agreed, and five days after the marriage agreement was signed, on Tevet 23 (5257), he issued a decree giving Portugal's Jews eleven months to leave the country.
Appreciating the Jews' economic value, Manuel was unhappy with the potential loss of this economic asset, and devised a way to have the Jews stay in Portugal—but as Christians. Initially, he instructed the Jews to leave from one of three ports, but soon he restricted them to leaving from Lisbon only. When October of 1497 arrived, thousands of Jews assembled there and were forcibly baptized. Many Jews decided to stay and keep their Jewish faith secret; they were called Marranos or Crypto-Jews.
Over the next 350 years, the infamous Inquisition persecuted, tortured and burned at the stake thousands of "marranos" throughout Spain, Portugal and their colonies for continuing to secretly practice the Jewish faith.
Links:
Samuel Nunez-Ribeiro—The Life of a Marrano
Spanish & Portuguese Expulsion; InquisitionToday's Study:
• Blessing the New Month This Shabbat is Shabbat Mevarchim ("the Shabbat that blesses" the new month): a special prayer is recited blessing the Rosh Chodesh ("Head of the Month") of upcoming month of Shevat, which falls on the following Shabbat.
Prior to the blessing, we announce the precise time of the molad, the "birth" of the new moon.Click here for molad times.
It is a Chabad custom to recite the entire book of Psalms before morning prayers, and to conduct farbrengens (chassidic gatherings) in the course of the Shabbat.
Links: On the Significance of Shabbat Mevarchim; Tehillim (the Book of Psalms); The Farbrengen
Today in Jewish History:
• Decree of Expulsion Issued for Portuguese Jews (1496) Following the death of King Joao of Portugal in 1494, his son King Manuel I ascended the throne. When his legitimacy as heir to the throne was challenged, Manuel wished to marry Princess Isabel of Spain, daughter of Ferdinand and Isabella, in order to solidify his position. As a precondition to the marriage, the Spanish monarch demanded that Portugal expel its Jews—many of whom were refugees from the 1492 Spanish Expulsion who found refuge in the neighboring country of Portugal. Manuel agreed, and five days after the marriage agreement was signed, on Tevet 23 (5257), he issued a decree giving Portugal's Jews eleven months to leave the country.
Appreciating the Jews' economic value, Manuel was unhappy with the potential loss of this economic asset, and devised a way to have the Jews stay in Portugal—but as Christians. Initially, he instructed the Jews to leave from one of three ports, but soon he restricted them to leaving from Lisbon only. When October of 1497 arrived, thousands of Jews assembled there and were forcibly baptized. Many Jews decided to stay and keep their Jewish faith secret; they were called Marranos or Crypto-Jews.
Over the next 350 years, the infamous Inquisition persecuted, tortured and burned at the stake thousands of "marranos" throughout Spain, Portugal and their colonies for continuing to secretly practice the Jewish faith.
Links:
Samuel Nunez-Ribeiro—The Life of a Marrano
Spanish & Portuguese Expulsion; InquisitionToday's Study:
Chitas and Rambam for today:
Chumash: Shemot, 7th Portion Exodus 5:1-6:1 with Rashi
• Exodus Chapter 51And afterwards, Moses and Aaron came and said to Pharaoh, "So said the Lord God of Israel, 'Send out My people, and let them sacrifice to Me in the desert.' " אוְאַחַ֗ר בָּ֚אוּ משֶׁ֣ה וְאַֽהֲרֹ֔ן וַיֹּֽאמְר֖וּ אֶל־פַּרְעֹ֑ה כֹּֽה־אָמַ֤ר יְהֹוָה֙ אֱלֹהֵ֣י יִשְׂרָאֵ֔ל שַׁלַּח֙ אֶת־עַמִּ֔י וְיָחֹ֥גּוּ לִ֖י בַּמִּדְבָּֽר:
And afterwards, Moses and Aaron came: But the elders slipped away one by one from following Moses and Aaron, until they had all slipped away before they arrived at the palace. [They did so] because they were afraid to go, and at Sinai, He punished them, [as it is written:] “And Moses shall draw near alone, but they shall not draw near” (Exod. 24:2). He sent them back. — [from Exodus Rabbah 5:14; Tanchuma, Shemoth 24] ואחר באו משה ואהרן וגו': אבל הזקנים נשמטו אחד אחד מאחר משה ואהרן, עד שנשמטו כולם קודם שהגיעו לפלטין, לפי שיראו ללכת, ובסיני נפרע להם (כד ב) ונגש משה לבדו והם לא יגשו, החזירם לאחוריהם:
2And Pharaoh said, "Who is the Lord that I should heed His voice to let Israel out? I do not know the Lord, neither will I let Israel out." בוַיֹּ֣אמֶר פַּרְעֹ֔ה מִ֤י יְהֹוָה֙ אֲשֶׁ֣ר אֶשְׁמַ֣ע בְּקֹל֔וֹ לְשַׁלַּ֖ח אֶת־יִשְׂרָאֵ֑ל לֹ֤א יָדַ֨עְתִּי֙ אֶת־יְהֹוָ֔ה וְגַ֥ם אֶת־יִשְׂרָאֵ֖ל לֹ֥א אֲשַׁלֵּֽחַ:
3And they said, "The God of the Hebrews has happened upon us. Now let us go on a three day journey in the desert and sacrifice to the Lord our God, lest He strike us with a plague or with the sword." גוַיֹּ֣אמְר֔וּ אֱלֹהֵ֥י הָֽעִבְרִ֖ים נִקְרָ֣א עָלֵ֑ינוּ נֵ֣לֲכָה נָּ֡א דֶּ֩רֶךְ֩ שְׁל֨שֶׁת יָמִ֜ים בַּמִּדְבָּ֗ר וְנִזְבְּחָה֙ לַֽיהֹוָ֣ה אֱלֹהֵ֔ינוּ פֶּן־יִפְגָּעֵ֔נוּ בַּדֶּ֖בֶר א֥וֹ בֶחָֽרֶב:
lest He strike us: Heb. פֶּן יִפְגָעֵנוּ. They should have said, “ פֶּן יִפְגָעֲ, lest He strike you,” but they imparted honor to the throne [and out of respect said this]. The word פְּגִיעָה denotes a fatal encounter. — [from Tanchuma, Va’era 2] פן יפגענו: פן יפגעך היו צריכים לומר, אלא שחלקו כבוד למלכות. פגיעה זו לשון מקרה מות היא:
4But the king of Egypt said to them, "Why, Moses and Aaron, do you disturb the people from their work? Go to your own labors." דוַיֹּ֤אמֶר אֲלֵהֶם֙ מֶ֣לֶךְ מִצְרַ֔יִם לָ֚מָּה משֶׁ֣ה וְאַֽהֲרֹ֔ן תַּפְרִ֥יעוּ אֶת־הָעָ֖ם מִמַּֽעֲשָׂ֑יו לְכ֖וּ לְסִבְלֹֽתֵיכֶֽם:
do you disturb the people from their work: Heb. תַּפְרִיעוּ, [meaning] you separate [them] and take them away from their work, because they listen to you and expect to rest from their work. Similarly, “Avoid it (פְּרָעֵהוּ), do not pass through it” (Prov. 4:15); [i.e.,] distance it. Similarly, “And you have avoided (וַתִּפְרְעוּ) all my advice” (Prov. 1: 25); “that it was (פָרֻעַ) ” (Exod. 32:25), [i.e.,] distanced and despised. תפריעו את העם ממעשיו: תבדילו ותרחיקו אותם ממלאכתם, ששומעין לכם וסבורים לנוח מן המלאכה. וכן (משלי ד טו) פרעהו אל תעבר בו, רחקהו. וכן (שם א כה) ותפרעו כל עצתי, (שמות לב כה) כי פרוע הוא, נרחק ונתעב:
Go to your own labors: “Go to your work that you have to do in your houses.” But [he could not have been referring to the Egyptian bondage, because Moses and Aaron were from the tribe of Levi and] the labor of the Egyptian bondage was not incumbent upon the tribe of Levi. You should know [that this is true] for behold, Moses and Aaron were coming and going without permission. — [from Tanchuma, Va’era 6; Tanchuma Buber, Va’era 4] לכו לסבלתיכם: לכו למלאכתכם שיש לכם לעשות בבתיכם. אבל מלאכת שעבוד מצרים לא היתה על שבטו של לוי, ותדע לך שהרי משה ואהרן יוצאים ובאים שלא ברשות:
5And Pharaoh said, "Behold, now the people of the land are many, and you are stopping them from their labors." הוַיֹּ֣אמֶר פַּרְעֹ֔ה הֵֽן־רַבִּ֥ים עַתָּ֖ה עַ֣ם הָאָ֑רֶץ וְהִשְׁבַּתֶּ֥ם אֹתָ֖ם מִסִּבְלֹתָֽם:
Behold, now the people of the land are many: Those who are required to work, and you stop them from their labors. This is a great loss. הן רבים עתה עם הארץ: שהעבודה מוטלת עליהם ואתם משביתים אותם מסבלותם, הפסד גדול הוא זה:
6So, on that day, Pharaoh commanded the taskmasters of the people and their officers, saying, ווַיְצַ֥ו פַּרְעֹ֖ה בַּיּ֣וֹם הַה֑וּא אֶת־הַנֹּֽגְשִׂ֣ים בָּעָ֔ם וְאֶת־שֹֽׁטְרָ֖יו לֵאמֹֽר:
the taskmasters: They were Egyptians, and the officers were Israelites. The taskmaster was appointed over many officers, and the officer was appointed to drive the workers. הנגשים: מצריים היו, והשוטרים היו ישראלים, הנוגש ממונה על כמה שוטרים, והשוטר ממונה לרדות בעושי המלאכה:
7"You shall not continue to give stubble to the people to make the bricks like yesterday and the day before yesterday. Let them go and gather stubble for themselves. זלֹ֣א תֹֽאסִפ֞וּן לָתֵ֨ת תֶּ֧בֶן לָעָ֛ם לִלְבֹּ֥ן הַלְּבֵנִ֖ים כִּתְמ֣וֹל שִׁלְשֹׁ֑ם הֵ֚ם יֵֽלְכ֔וּ וְקֽשְׁשׁ֥וּ לָהֶ֖ם תֶּֽבֶן:
stubble: Heb. תֶּבֶן, estoble in Old French. They would knead it with the clay. תבן: אשטובל"א [קש] היו גובלין אותו עם הטיט:
bricks: Heb. לְּבֵנִים, tivles in Old French, [tuiles in modern French, tiles] made from clay and dried in the sun; some people fire them in a kiln. לבנים: טיולי"ש בלעז [רעפים] שעושים מטיט ומייבשין אותן בחמה, ויש ששורפין אותן בכבשן:
like yesterday and the day before yesterday: As you have been doing until now. כתמול שלשם: כאשר הייתם עושים עד הנה:
and gather: Heb. וְקשְׁשׁוּ, and they shall gather. וקששו: ולקטו:
8But the number of bricks they have been making yesterday and the day before yesterday you shall impose upon them; you shall not reduce it, for they are lax. Therefore they cry out, saying, 'Let us go and sacrifice to our God.' חוְאֶת־מַתְכֹּ֨נֶת הַלְּבֵנִ֜ים אֲשֶׁ֣ר הֵם֩ עֹשִׂ֨ים תְּמ֤וֹל שִׁלְשֹׁם֙ תָּשִׂ֣ימוּ עֲלֵיהֶ֔ם לֹ֥א תִגְרְע֖וּ מִמֶּ֑נּוּ כִּֽי־נִרְפִּ֣ים הֵ֔ם עַל־כֵּ֗ן הֵ֤ם צֹֽעֲקִים֙ לֵאמֹ֔ר נֵֽלְכָ֖ה נִזְבְּחָ֥ה לֵֽאלֹהֵֽינוּ:
But the number of bricks: The sum of the number of bricks which each one made daily when they were given stubble, that sum you shall levy upon them now too, in order that the labor may fall heavy upon them. ואת מתכנת הלבנים: סכום חשבון הלבנים שהיה כל אחד עושה ליום כשהיה התבן נתן להם, אותו סכום תשימו עליהם גם עתה, למען תכבד העבודה עליהם:
for they are lax: from the work. Therefore, their hearts turn to idleness, and they cry out, saying, “Let us go, etc.” כי נרפים: מן העבודה הם, לכך לבם פונה אל הבטלה וצועקים לאמר נלכה וגו':
for they are lax: [The words], מַתְכֹּנֶת [and] וְתֹכֶן לְבֵנִים (verse 18) [mean the number of bricks, as in] “and to Him are deeds counted (נִתְפְּנוּ ” (I Sam. 2:3); “and the counted (הַמְתֻכָּן) money” (II Kings 12:12). All are terms denoting a quantity. מתכנת: ותוכן לבנים (פסוק יט), ולו נתכנו עלילות (שמואל א' ב ג), את הכסף המתוכן (מלכים ב' יב יב), כולם לשון חשבון הם:
lax: Heb. נִרְפִּים The work is neglected in their hands and abandoned by them, and they are withdrawing themselves from it, retres in Old French, [meaning] withdrawn, removed. נרפים: המלאכה רפויה בידם ועזובה מהם והם נרפים ממנה, רטריי"ש בלע"ז [אחיזתם רופפת]:
9Let the labor fall heavy upon the men and let them work at it, and let them not talk about false matters." טתִּכְבַּ֧ד הָֽעֲבֹדָ֛ה עַל־הָֽאֲנָשִׁ֖ים וְיַֽעֲשׂוּ־בָ֑הּ וְאַל־יִשְׁע֖וּ בְּדִבְרֵי־שָֽׁקֶר:
and let them not talk about false matters: Heb. וְאַל יִשְׁעוּ בְּדִבְרֵי שֶׁקֶר. Let them not constantly think and talk about matters of no substance, saying, “Let us go, let us sacrifice.” Similar to it is, “and I shall constantly engage (וְאֶשְׁעָה) in Your statutes” (Ps. 119:117). “For an example and for a byword (וְלִשְׁנִינָה)” (Deut. 28:37) is rendered [by Onkelos] as וּלְשׁוֹעִין. “And [the servant] told” (Gen. 24:66) is rendered וְאִשְׁךְתָּעֵי. It is, however, impossible to say that יִשְׁעוּ is [related to the] expression of “and the Lord turned (וַיִשַׁע) to Abel” (Gen. 424); “But to Cain and to his offering He did not turn (לֹא שָׁעָה) ” (Gen. 4:5); and to explain אַַַַַל יִשְׁעוּ as “and let them not turn.” If this were the case, Scripture should have written: וְאַל יִשְׁעוּ אֶל דִבְרֵי שָׁקֶר or שָׁקֶר לְדִבְרֵי, for that is the construction in all similar cases, e.g., “and shall turn (יִשְׁעֶה) to (עַל) His Maker" (Isa. 17:7); "and he shall not turn (וְלֹא יִשְׁעֶה) to (אֶל) the altars” (Isa. 17:8); “and they did not turn (וְלֹא ֹשָעו) to (עַל) the Holy One of Israel” (Isa. 31:1). I have not found the prefix “beth” immediately following them; after an expression of speech, however, concerning one who is engaged in speaking of a matter, the prefix “beth” is appropriate, e. g., “who talk about you (בְּ)” ; (Ezek. 33:30); “Miriam and Aaron talked about Moses (בְּמשֶׁה) ” (Num. 12: 1); “the angel who spoke with me (בִּי) ” (Zech. 4:1); “to speak of them (בָּם)” (Deut. 11:19); “And I shall speak of Your testimonies (בְעֵדֹתֶי) ” (Ps. 119:46). Here too, אַל יִשְׁעוּ בְּדִבְרֵי שָׁקֶר means: Let them not engage in speaking of words of vanity and nonsense. ואל ישעו בדברי שקר: ואל יהגו וידברו תמיד בדברי רוח לאמר נלכה נזבחה. ודומה לו (תהילים קיט קיז) ואשעה בחקיך תמיד, (דברים כח לז) למשל ולשנינה, מתרגמינן ולשועין, (בראשית כד סו) ויספר ואשתעי. ואי אפשר לומר ישעו לשון (בראשית ד ד) וישע ה' אל הבל וגו', (שם ה) ואל קין ואל מנחתו לא שעה, ולפרש אל ישעו אל יפנו, שאם כן היה לו לכתוב ואל ישעו אל דברי שקר או לדברי שקר, כי כן גזרת כולם (ישעי' יז ז) ישעה האדם על עושהו, (שם לא א) ולא שעו על קדוש ישראל, (שם יז ח) ולא ישעה אל המזבחות, ולא מצאתי שמוש של בי"ת סמוכה לאחריהם, אבל אחר לשון דבור, במתעסק לדבר בדבר נופל לשון שמוש בי"ת, כגון (יחזקאל לג ל) הנדברים בך, (במדבר יב א) ותדבר מרים ואהרן במשה, (זכריה ד א) המלאך הדובר בי, (דברים יא יט) לדבר בם, (תהילים קיט מו) ואדברה בעדותיך, אף כאן אל ישעו בדברי שקר אל יהיו נדברים בדברי שוא והבאי:
10So the taskmasters of the people and their officers came out and spoke to the people, saying, "So said Pharaoh, 'I am not giving you stubble. יוַיֵּ֨צְא֜וּ נֹֽגְשֵׂ֤י הָעָם֙ וְשֹׁ֣טְרָ֔יו וַיֹּֽאמְר֥וּ אֶל־הָעָ֖ם לֵאמֹ֑ר כֹּ֚ה אָמַ֣ר פַּרְעֹ֔ה אֵינֶ֛נִּי נֹתֵ֥ן לָכֶ֖ם תֶּֽבֶן:
11You go take for yourselves stubble from wherever you find [it], because nothing will be reduced from your work.' " יאאַתֶּ֗ם לְכ֨וּ קְח֤וּ לָכֶם֙ תֶּ֔בֶן מֵֽאֲשֶׁ֖ר תִּמְצָ֑אוּ כִּ֣י אֵ֥ין נִגְרָ֛ע מֵֽעֲבֹֽדַתְכֶ֖ם דָּבָֽר:
You go take for yourselves stubble: And you must go with alacrity. אתם לכו קחו לכם תבן: וצריכים אתם לילך בזריזות:
because nothing will be reduced from your work: from the entire amount of bricks that you were making daily, when you were given stubble prepared from the king’s house. כי אין נגרע מעבדתכם דבר: מכל סכום לבנים שהייתם עושים ליום בהיות התבן ניתן לכם מזומן מבית המלך:
12So the people scattered throughout the entire land of Egypt, to gather a gleaning for stubble. יבוַיָּ֥פֶץ הָעָ֖ם בְּכָל־אֶ֣רֶץ מִצְרָ֑יִם לְקשֵׁ֥שׁ קַ֖שׁ לַתֶּֽבֶן:
to gather a gleaning for stubble: Heb. לְקשֵׁשׁ קַֹש, to gather a gathering, to collect a collection for the stubble [needed] for the clay. לקשש קש לתבן: לאסוף אסיפה, ללקוט לקט לצורך תבן הטיט:
a gleaning: Heb., קַֹש an expression of collecting. Since it is a substance that scatters and requires collecting, it is called קַֹש in other places [also]. קש לקשש קש לתבן: לשון לקוט. על שם שדבר המתפזר הוא וצריך לקוששו, קרוי קש בשאר מקומות.
13And the taskmasters were pressing [them], saying, "Finish your work, the requirement of each day in its day, just as when there was stubble." יגוְהַנֹּֽגְשִׂ֖ים אָצִ֣ים לֵאמֹ֑ר כַּלּ֤וּ מַֽעֲשֵׂיכֶם֙ דְּבַר־י֣וֹם בְּיוֹמ֔וֹ כַּֽאֲשֶׁ֖ר בִּֽהְי֥וֹת הַתֶּֽבֶן:
were pressing [them]: Heb אָצִים, pressing-[from Targumim] אצים: דוחקים:
the requirement of each day in its day: The quota of each day complete in its [i.e., on the same day, as you did when the stubble was prepared. — [from Onkelos] דבר יום ביומו: חשבון של כל יום כלו ביומו, כאשר עשיתם בהיות התבן מוכן:
14And the officers of the children of Israel whom Pharaoh's taskmasters had appointed over them were beaten, saying, "Why have you not completed your quota to make bricks like the day before yesterday, neither yesterday nor today?" ידוַיֻּכּ֗וּ שֹֽׁטְרֵי֙ בְּנֵ֣י יִשְׂרָאֵ֔ל אֲשֶׁר־שָׂ֣מוּ עֲלֵהֶ֔ם נֹֽגְשֵׂ֥י פַרְעֹ֖ה לֵאמֹ֑ר מַדּ֡וּעַ לֹא֩ כִלִּיתֶ֨ם חָקְכֶ֤ם לִלְבֹּן֙ כִּתְמ֣וֹל שִׁלְשֹׁ֔ם גַּם־תְּמ֖וֹל גַּם־הַיּֽוֹם:
And the officers of the children of Israel… were beaten: The officers were Israelites, and they had pity on their fellows, [and did] not press them. They would turn the bricks over to the taskmasters, who were Egyptians, and when something was missing form the [required] amount, they [the Egyptians] would flog them [the officers] because they did not press the workers. Therefore those officers merited to become the Sanhedrin, and some of the spirit that was upon Moses was taken and placed upon them, as it is said: “Gather to Me seventy men of the elders of Israel” (Num. 11:16), of those about whom you know the good that they did in Egypt, “that they are the elders of the people and its officers” (ibid.). — [from Tanchuma, Beha’alothecha 13 and Sifrei, Beha’alothecha 92] ויכו שטרי בני ישראל: השוטרים ישראלים היו וחסים על חבריהם מלדחקם, וכשהיו משלימים הלבנים לנוגשים שהם מצריים, והיה חסר מן הסכום, היו מלקין אותם על שלא דחקו את עושי המלאכה, לפיכך זכו אותם שוטרים להיות סנהדרין, ונאצל מן הרוח אשר על משה, והושם עליהם, שנאמר (במדבר יא טז) אספה לי שבעים איש מזקני ישראל אשר ידעת, מאותן שידעת הטובה שעשו במצרים, כי הם זקני העם ושוטריו:
And the officers of the children of Israel… were beaten: [I. e.,] those whom Pharaoh’s taskmasters had appointed as officers over them-saying, “Why, etc.” Why were they beaten? Because they [the Egyptian taskmasters] said to them [the officers], “Why have you not completed either yesterday or today the fixed quota set upon you to make bricks, as [you did] the ‘third yesterday’?” This is the day before yesterday, which was when they had been given stubble. ויכו שטרי בני ישראל: אשר שמו נוגשי פרעה אותם לשוטרים עליהם לאמר מדוע וגו'. למה ויכו, שהיו אומרים להם מדוע לא כליתם גם תמול גם היום חק הקצוב עליכם ללבון כתמול השלישי שהוא יום שלפני אתמול, והוא היה בהיות התבן נתן להם:
were beaten: Heb. וַיֻכּוּ They were the object of an action. [The word is in the “hoph’al” conjugation, the recipient of the “hiph’il.”] They were beaten by others; the taskmasters beat them. ויכו: לשון ויופעלו, הוכו מיד אחרים, הנוגשים הכום:
15So the officers of the children of Israel came and cried out to Pharaoh, saying, "Why do you do this to your servants? טווַיָּבֹ֗אוּ שֹֽׁטְרֵי֙ בְּנֵ֣י יִשְׂרָאֵ֔ל וַיִּצְעֲק֥וּ אֶל־פַּרְעֹ֖ה לֵאמֹ֑ר לָ֧מָּה תַֽעֲשֶׂ֦ה כֹ֖ה לַֽעֲבָדֶֽיךָ:
16Stubble is not given to your servants, but they tell us, 'Make bricks,' and behold, your servants are beaten, and your people are sinning." טזתֶּ֗בֶן אֵ֤ין נִתָּן֙ לַֽעֲבָדֶ֔יךָ וּלְבֵנִ֛ים אֹֽמְרִ֥ים לָ֖נוּ עֲשׂ֑וּ וְהִנֵּ֧ה עֲבָדֶ֛יךָ מֻכִּ֖ים וְחָטָ֥את עַמֶּֽךָ:
but they tell us, ‘Make bricks’: The taskmasters [tell us]: “Make bricks, as many as the original number.” ולבנים אמרים לנו עשו: כמנין הראשון:
and your people are sinning: Heb. וְחָטָאתעַמֶ. If it were vowelized with a “pattach” (חַטָאת), I would say that it is connected, [i.e., in the construct state, and so it means:] and this thing is the sin of your people. However, since it is [vowelized with] a “kamatz” (חָטָאת), it is a noun [in the absolute state], and this is its meaning: and this thing brings sin upon your people, as if it were written: וְחַָטָאת לְעַמֶךָ, like “when they came to Beth-lehem (בֵּית לָחֶם) ” (Ruth 1:19), which is the equivalent of לְבֵית לָחֶם, and similarly with many [others]. וחטאת עמך: אלו היה נקוד פת"ח הייתי אומר שהוא דבוק, ודבר זה חטאת עמך הוא, עכשיו שהוא קמ"ץ, שם דבר הוא. וכך פירושו ודבר זה מביא חטאת על עמך, כאלו כתוב וחטאת לעמך, כמו (רות א יט) כבאנה בית לחם, שהוא כמו לבית לחם וכן הרבה:
17But he said, "You are lax, just lax. Therefore, you say, 'Let us go, let us sacrifice to the Lord.' יזוַיֹּ֛אמֶר נִרְפִּ֥ים אַתֶּ֖ם נִרְפִּ֑ים עַל־כֵּן֙ אַתֶּ֣ם אֹֽמְרִ֔ים נֵֽלְכָ֖ה נִזְבְּחָ֥ה לַֽיהֹוָֽה:
18And now, go and work, but you will not be given stubble. Nevertheless, the [same] number of bricks you must give." יחוְעַתָּה֙ לְכ֣וּ עִבְד֔וּ וְתֶ֖בֶן לֹֽא־יִנָּתֵ֣ן לָכֶ֑ם וְתֹ֥כֶן לְבֵנִ֖ים תִּתֵּֽנוּ:
Nevertheless the [same] number of bricks: Heb. וְתֹכֶן לְבֵנִים, the count of the bricks, and similarly, " הַכֶּסֶף הַמְתֻכָּן, the counted money” (II Kings 12:12), as is stated in that section, “and packed and counted the money” (II Kings 12:11). — [from Onkelos] ותכן לבנים: חשבון הלבנים, וכן (מלכים ב יב יב) את הכסף המתוכן, המנוי, כמו שאמר בענין (שם יא) ויצורו וימנו את הכסף:
19The officers of the children of Israel saw them in distress, saying, "Do not reduce [the number] of your bricks, the requirement of each day in its day." יטוַיִּרְא֞וּ שֹֽׁטְרֵ֧י בְנֵֽי־יִשְׂרָאֵ֛ל אֹתָ֖ם בְּרָ֣ע לֵאמֹ֑ר לֹֽא־תִגְרְע֥וּ מִלִּבְנֵיכֶ֖ם דְּבַר־י֥וֹם בְּיוֹמֽוֹ:
The officers of the children of Israel saw: their fellows who were driven by them. ויראו שטרי בני ישראל: את חבריהם הנרדים על ידם:
in distress: They saw them in the distress and trouble that befell them when they had to make the work heavy upon them, saying, “Do not reduce, etc.” ברע: ראו אותם ברעה וצרה המוצאת אותם בהכבידם העבודה עליהם לאמר לא תגרעו וגו':
20They met Moses and Aaron standing before them when they came out from Pharaoh's presence. כוַיִּפְגְּעוּ֙ אֶת־משֶׁ֣ה וְאֶת־אַֽהֲרֹ֔ן נִצָּבִ֖ים לִקְרָאתָ֑ם בְּצֵאתָ֖ם מֵאֵ֥ת פַּרְעֹֽה:
They met: Men of Israel [met] Moses and Aaron, etc. Our Rabbis expounded: Every [instance of] נִצִים, quarreling, and נִ צָּבִים, standing, is a reference to Dathan and Abiram, about whom it is said: “came out and stood upright” (Num. 16:27). — [from Ned. 64b] ויפגעו: אנשים מישראל את משה ואת אהרן וגו'. ורבותינו דרשו כל נצים ונצבים דתן ואבירם היו, שנאמר בהם יצאו נצבים:
21And they said to them, "May the Lord look upon you and judge, for you have brought us into foul odor in the eyes of Pharaoh and in the eyes of his servants, to place a sword into their hand[s] to kill us." כאוַיֹּֽאמְר֣וּ אֲלֵהֶ֔ם יֵ֧רֶא יְהֹוָ֛ה עֲלֵיכֶ֖ם וְיִשְׁפֹּ֑ט אֲשֶׁ֧ר הִבְאַשְׁתֶּ֣ם אֶת־רֵיחֵ֗נוּ בְּעֵינֵ֤י פַרְעֹה֙ וּבְעֵינֵ֣י עֲבָדָ֔יו לָֽתֶת־חֶ֥רֶב בְּיָדָ֖ם לְהָרְגֵֽנוּ:
22So Moses returned to the Lord and said, "O Lord! Why have You harmed this people? Why have You sent me? כבוַיָּ֧שָׁב משֶׁ֛ה אֶל־יְהֹוָ֖ה וַיֹּאמַ֑ר אֲדֹנָ֗י לָמָ֤ה הֲרֵעֹ֨תָה֙ לָעָ֣ם הַזֶּ֔ה לָ֥מָּה זֶּ֖ה שְׁלַחְתָּֽנִי:
Why have You harmed this people?: And if You ask, “What is it to you?” [I answer,] “I am complaining that You have sent me.” -[from Tanchuma, Va’era 6] למה הרעתה לעם הזה: ואם תאמר מה איכפת לך, קובל אני על ששלחתני:
23Since I have come to Pharaoh to speak in Your name, he has harmed this people, and You have not saved Your people." כגוּמֵאָ֞ז בָּ֤אתִי אֶל־פַּרְעֹה֙ לְדַבֵּ֣ר בִּשְׁמֶ֔ךָ הֵרַ֖ע לָעָ֣ם הַזֶּ֑ה וְהַצֵּ֥ל לֹֽא־הִצַּ֖לְתָּ אֶת־עַמֶּֽךָ:
he has harmed this people: Heb. הֵרַע, a causative expression. He brought much harm upon them, and the targum renders: אַבְאֵשׁ הרע: לשון הפעיל הוא, הרבה רעה עליהם. ותרגומו אבאיש:
Exodus Chapter 6
1And the Lord said to Moses, "Now you will see what I will do to Pharaoh, for with a mighty hand he will send them out, and with a mighty hand he will drive them out of his land." אוַיֹּ֤אמֶר יְהֹוָה֙ אֶל־משֶׁ֔ה עַתָּ֣ה תִרְאֶ֔ה אֲשֶׁ֥ר אֶֽעֱשֶׂ֖ה לְפַרְעֹ֑ה כִּ֣י בְיָ֤ד חֲזָקָה֙ יְשַׁלְּחֵ֔ם וּבְיָ֣ד חֲזָקָ֔ה יְגָֽרְשֵׁ֖ם מֵֽאַרְצֽוֹ:
Now you will see, etc.: You have questioned My ways [of running the world, which is] unlike Abraham, to whom I said, “For in Isaac will be called your seed” (Gen. 21:12), and afterwards I said to him, “Bring him up there for a burnt offering” (Gen. 22:2), yet he did not question Me. Therefore, now you will see. What is done to Pharaoh you will see, but not what is done to the kings of the seven nations when I bring them [the children of Israel] into the land [of Israel]. — [from Sanh. 111a] עתה תראה וגו': הרהרת על מדותי, לא כאברהם שאמרתי לו (בראשית כא יב) כי ביצחק יקרא לך זרע, ואחר כך אמרתי לו (שם כב ב) העלהו לעולה, ולא הרהר אחרי, לפיכך עתה תראה. העשוי לפרעה תראה, ולא העשוי למלכי שבעה אומות, כשאביאם לארץ:
for with a mighty hand he will let them go: Because of My mighty hand, which will overpower Pharaoh, he will let them go. כי ביד חזקה ישלחם: מפני ידי החזקה שתחזק עליו ישלחם:
and with a mighty hand he will drive them out of his land: Against Israel’s will he will drive them out, and they will not have time to make provisions for themselves, and so He says, “And the Egyptians pressed the people strongly, etc.” (Exod. 12:33). וביד חזקה יגרשם מארצו: על כרחם של ישראל יגרשם, ולא יספיקו לעשות להם צידה. וכן הוא אומר (שמות יב לג) ותחזק מצרים על העם למהר לשלחם וגו':
• Daily Tehillim: Psalms Chapters 108 - 112
• Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken the dawn.
4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city? Who led me unto Edom?
12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary; futile is the help of man.
14. Through God we will do valiantly, and He will trample our oppressors.
Chapter 109
David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm. O God of my praise, be not silent.
2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.
3. They have surrounded me with words of hate, and attacked me without cause.
4. In return for my love they hate me; still, I am [a man of] prayer.
5. They placed harm upon me in return for my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an adversary stand at his right.
7. When he is judged may he go out condemned; may his prayer be considered a sin.
8. May his days be few; may another take his position.
9. May his children be orphans and his wife a widow.
10. May his children wander about and beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may their name be erased in a later generation.
14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always, and may He cut off their memory from the earth.
16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].
17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my heart has died within me.
23. Like the fleeting shadow I am banished, I am tossed about like the locust.
24. My knees totter from fasting, and my flesh is lean without fat.
25. And I became a disgrace to them; they see me and shake their heads.
26. Help me, Lord, my God, deliver me according to Your kindness.
27. Let them know that this is Your hand, that You, Lord, have done it.
28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”
2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has crushed kings on the day of His fury.
6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.
7. He will drink from the stream on the way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.
1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet] available to all who desire them.
3. Majesty and splendor are His work, and His righteousness endures forever.
4. He established a memorial for His wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He remembered His covenant always.
6. He has declared the power of His deeds to His people, to give them the inheritance of nations.
7. The works of His hands are true and just; all His mandates are faithful.
8. They are steadfast for ever and ever, for they are made with truth and uprightness.
9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.
Chapter 112
This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house, and his righteousness endures forever.
4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.
10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.
Tanya: Likutei Amarim, beginning of Chapter 15
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 23 Tevet, 5777 · 21 January 2017
• Likutei Amarim, beginning of Chapter 15
• In the previous chapters, the Alter Rebbe discussed the difference between the tzaddik and the Beinoni. The tzaddik has no evil inclination. Since there is no longer any evil in his own soul, evil holds no attraction for him. In the Beinoni, however, the evil remains strong. The Beinoni therefore finds evil desirable, and it is only through the constant vigilance and struggle of his divine soul that he is able to prevent his animal soul from implementing its desires in thought, speech and action.
• Rambam - Shabbat, 23 Tevet, 5777 · 21 January 2017
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Negative Commandment 352
Uncle-Nephew Incest
"You shall not uncover the nakedness of your father's brother"—Leviticus 18:14.
It is forbidden for a man to engage in homosexual relations with his father's brother. One who does so transgresses two prohibitions: the general prohibition against homosexuality as well as this specific prohibition.
Full text of this Mitzvah »• Uncle-Nephew Incest
Negative Commandment 352
Translated by Berel Bell
The 352nd prohibition is that one is forbidden from having [homosexual] relations with one's father's brother.
The source of this commandment is G‑d's statement,1 "do not commit a sexual offense against your father's brother."
One who unintentionally has relations with his father's brother must also bring two sin-offerings, as we explained regarding one's father.2 In tractate Sanhedrin they explain, "according to all opinions, one who has relations with his father's brother must bring two [sin-offerings], as the verse says, 'do not commit a sexual offense against your father's brother.' "
You should know3 that when I use the phrase, "acceptable testimony," I mean that there were two or more valid witnesses who gave the warning; that the testimony was given before a valid Beth Din of 23 members; and that it took place during a time when capital cases could be judged.4
It is clear that Scripture explicitly dictates kares for all the sexual prohibitions mentioned above. After listing all these prohibitions, the verse5 says, "anyone who does any of these disgusting perversions — their souls shall be cut off (v'nich'r'su)." So too, any prohibition where we mentioned execution by Beth Din, it is also explicitly stated in Scripture. However, regarding the varying types of execution — stoning, strangulation, or s'reifah — some have come through the Oral Tradition and some are explicit in Scripture.
The details of all these prohibitions are explained in tractates Sanhedrin and Kerisus, and in a number of passages in Yevamos, Kesubos, and Kiddushin.
In the beginning of Kerisus it is explained that any transgression for which one receives kares if intentional and must bring a sin-offering if unintentional — if he is not sure [whether or not he did the transgression],6 he must bring an asham talui.7 The sin-offering which is mentioned is an animal — either a female sheep or a female goat.
If you will examine the punishment mentioned regarding each prohibition, you will find that virtually every transgression where one receives kares if intentional and brings a sin-offering if unintentional — the sin-offering referred to is one of fixed value.8 There are two exceptions for which one receives kares if done intentionally, but if done unintentionally, one must bring a sin-offering of adjustable value, an oleh v'yored.9 These two transgressions are tumas mikdash10 and tumas kadashav;11 i.e. an impure person entering the Temple courtyard and an impure person eating meat from the sacrifices.
[If you examine all the punishments,] it will also be clear to you that for virtually every transgression where one receives kares if intentional, one must bring a sin-offering if unintentional. There is one exception — cursing G‑d's Name,12 for which one receives kares if done intentionally, but there is no sin-offering if done unintentionally.
[If you examine all the punishments,] it will also be clear to you that virtually every person who is subject to some form of execution by the Beth Din receives kares if he is not executed or they do not know about the transgression. There are ten exceptions, where the punishment is execution, but there is no kares — one who incites others to worship idols; one who incites a city to worship idols; a false prophet; one who prophesizes in the name of an idol; a rebellious elder; a rebellious son; a kidnapper; a murderer; one who strikes his father or mother; and one who curses his father or mother. In each of these cases, if the testimony is accepted, the person is put to death. If, however, they were unaware of the transgression or were unable to execute him, he has exposed himself to the death penalty, but does not receive kares. You should understand these principles and keep them in mind.
FOOTNOTES
1.Lev. 18:14.
2.N351.
3.In the order of Sefer Hamitzvos, this mitzvah is the last of the sexual prohibitions punishable by kares (beginning with N330). The Rambam therefore summarizes a few points which apply equally to all these mitzvos (N330-352).
4.I.e. when the Holy Temple was in existence; when the Beth Din Hagadol was holding their sessions in the lishkas hagazis; and there was a Kohen who was bringing the sacrifices. See Hilchos Sanhedrin 4:11.
5.Lev. 18:29.
6.For example, there where two pieces of fat, one kosher and one not, and he is not sure which one he ate.
7.P70.
8.See P69.
9.See P72.
10.See N77.
11.See N129.
12.N60.
• Negative Commandment 347
Adultery
"You shall not commit adultery"—Exodus 20:13.
It is forbidden to engage in adultery with a married woman.
Full text of this Mitzvah »• Adultery
Negative Commandment 347
Translated by Berel Bell
The 347th prohibition is that one is forbidden to have relations with one's neighbor's wife.
The source of this commandment is G‑d's statement,1 "do not lie carnally with your neighbor's wife."
There are various forms of punishment for one who transgresses this prohibition. If she was a betrothed maiden [na'ara m'urasa],2 she is executed by stoning, as explained in Scripture.3 If she was the daughter of a kohen, she is executed by s'reifah. He, however, is executed by strangulation.4 If she is not the daughter of a kohen and is fully married,5 both of them are executed by strangulation.
This all refers to where the testimony was accepted. If it was not, the penalty is kares.
All the above6 applies only if the transgression was done intentionally. If it was done unintentionally, a sin-offering must be brought.
This prohibition is repeated in the Ten Commandments in the verse,7 "do not commit adultery," which refers to relations with a married woman.
The Mechilta8 says, "Why does it say, 'do not commit adultery'? Because the verse,9 'both the adulterer and adulteress shall be put to death' teaches us only the punishment, not the actual prohibition.10 Therefore it says, 'do not commit adultery.' " And the Sifra says, "the verse,11 'if a man commits adultery with a married woman, and she is the wife of a fellow Jew [both the adulterer and adulteress shall be put to death]' teaches us only the punishment, not the actual prohibition. Therefore it says, 'do not commit adultery' — [to serve as the prohibition] both for the man and for the woman."
These sources do not use the verse, "do not lie carnally with your neighbor's wife" as the actual prohibition since it applies only to the man instead of both the man and woman. Similarly, our Sages had to extend the other sexual prohibitions to the woman as well [as to the man],12 as they said,13 "The verse,14 'they shall not approach to commit a sexual offense' addresses itself to two people [since it says 'they']. This comes to prohibit the man through the woman and the woman through the man."
Tractate Sanhedrin15 states, "all cases are included in the terms 'adulterer' and 'adulteress,' except that the daughter of a kohen was singled out for punishment by s'reifah, and the betrothed maiden for stoning." In our introduction16 we have already explained this statement.
FOOTNOTES
1.Lev. 18:20.
2.I.e. she is after erusin but before n'suin (see P213), a virgin, and still in her father's house.
3.Deut. 22:21.
4.This refers to the latter case of the daughter of a kohen. In the case of a betrothed maiden, he too is executed by stoning. See Hilchos Issurei Biyah, 3:4.
5.Literally, "has had relations." This means that she is after n'suin — to exclude the case of a na'arah m'urasa.
6.I.e. that there is execution or kares.
7.Ex. 20:14; Deut. 5:17.
8.Parshas Yisro, ibid.
9.Lev. 20:10.
10.In general, every prohibition has one verse which gives the punishment for the transgression, and another verse which tells you that the act is prohibited.
11.Lev. 20:10.
12.Who is directly addressed in all these prohibitions.
13.Sifra, Acharei, Ch.13:1.
14.Lev. 18:6.
15.51b.
16.Principle 7. There, the Rambam disagrees with those who count adultery with a regular woman, with the kohen's daughter, and with a maiden all as separate mitzvos. He proves this from the passage in Sanhedrin, which explains that the verse which serves as the actual prohibition ("do not commit adultery") and the one which gives the punishment ("both the adulterer and adulteress shall be put to death") are general and include all cases. the fact that the Torah later gives more detail as to which type of execution applies in which case does not make them separate mitzvos.
• Negative Commandment 346
Relations with a Menstruating Woman
"And to a woman during the uncleanness of her separation you shall not come near"—Leviticus 18:19.
It is forbidden to have sexual relations with a menstruating woman during the seven-day period of her ritual impurity—and afterwards until she immerses in a mikvah (ritual pool).
Full text of this Mitzvah »
• Relations with a Menstruating Woman
Negative Commandment 346
Translated by Berel Bell
The 346th prohibition is that one is forbidden from having relations with a woman when she is still menstrualy impure, i.e. for seven days.1
The source of this commandment is G‑d's statement,2 "do not approach a woman who is menstrually impure." She remains in this state even longer than seven days as long as she does not immerse [in a mikvah].3
One who transgresses this prohibition intentionally receives kares; and if it was unintentional, must bring a sin-offering.
FOOTNOTES
1.In terms of practical halachah, this prohibition continues for a minimum of 12 days from the onset of menstruation and continues until she immerses in a kosher mikvah. There are many details regarding these laws which require careful study.
2.Lev. 18:19.
3.See previous note.
• Rambam - 1 Chapter: Chovel uMazzik Chovel uMazzik - Chapter Four
• Chovel uMazzik - Chapter Four
• Issurei Biah - Chapter Twelve
• Shabbat, 23 Tevet, 5777 · 21 January 2017
• "Today's Day"
• Thursday, Tevet 23, 5703
Torah lessons: Chumash: Sh'mot, Chamishi with Rashi.
Tehillim: 108-112.
Tanya: However, the impression (p. 51)...Towards his brothers.
(Here appears an emendation to the text of Torah Or, relevant only in Hebrew. Translator).
Groaning by itself won't do a bit of good. A groan is only a key to open the heart and eyes, so as not to sit there with folded arms, but to plan orderly work and activity, each person wherever he can be effective, to campaign for bolstering Torah, spreading Torah and the observance of Mitzvot. One person might do this through his writing, another with his oratory, another with his wealth.
• Daily Thought:
Harsh or Kind
When He made the world, He made two ways to repair each thing: With harshness or with compassion. With a slap or with a caress. With darkness or with light.
“And G‑d looked at the light and saw that it was good.” Darkness and harsh words may be necessary. But He never called them good.
Even if you could correct another person with harsh words, the One Above receives no pleasure from it. When He sees his creatures heal one another with caring and with kindness, that is when He shines His smile upon us.[—cited from Kedushas Levi on Shabbos Vayechi, 5751.]
Chumash: Shemot, 7th Portion Exodus 5:1-6:1 with Rashi
• Exodus Chapter 51And afterwards, Moses and Aaron came and said to Pharaoh, "So said the Lord God of Israel, 'Send out My people, and let them sacrifice to Me in the desert.' " אוְאַחַ֗ר בָּ֚אוּ משֶׁ֣ה וְאַֽהֲרֹ֔ן וַיֹּֽאמְר֖וּ אֶל־פַּרְעֹ֑ה כֹּֽה־אָמַ֤ר יְהֹוָה֙ אֱלֹהֵ֣י יִשְׂרָאֵ֔ל שַׁלַּח֙ אֶת־עַמִּ֔י וְיָחֹ֥גּוּ לִ֖י בַּמִּדְבָּֽר:
And afterwards, Moses and Aaron came: But the elders slipped away one by one from following Moses and Aaron, until they had all slipped away before they arrived at the palace. [They did so] because they were afraid to go, and at Sinai, He punished them, [as it is written:] “And Moses shall draw near alone, but they shall not draw near” (Exod. 24:2). He sent them back. — [from Exodus Rabbah 5:14; Tanchuma, Shemoth 24] ואחר באו משה ואהרן וגו': אבל הזקנים נשמטו אחד אחד מאחר משה ואהרן, עד שנשמטו כולם קודם שהגיעו לפלטין, לפי שיראו ללכת, ובסיני נפרע להם (כד ב) ונגש משה לבדו והם לא יגשו, החזירם לאחוריהם:
2And Pharaoh said, "Who is the Lord that I should heed His voice to let Israel out? I do not know the Lord, neither will I let Israel out." בוַיֹּ֣אמֶר פַּרְעֹ֔ה מִ֤י יְהֹוָה֙ אֲשֶׁ֣ר אֶשְׁמַ֣ע בְּקֹל֔וֹ לְשַׁלַּ֖ח אֶת־יִשְׂרָאֵ֑ל לֹ֤א יָדַ֨עְתִּי֙ אֶת־יְהֹוָ֔ה וְגַ֥ם אֶת־יִשְׂרָאֵ֖ל לֹ֥א אֲשַׁלֵּֽחַ:
3And they said, "The God of the Hebrews has happened upon us. Now let us go on a three day journey in the desert and sacrifice to the Lord our God, lest He strike us with a plague or with the sword." גוַיֹּ֣אמְר֔וּ אֱלֹהֵ֥י הָֽעִבְרִ֖ים נִקְרָ֣א עָלֵ֑ינוּ נֵ֣לֲכָה נָּ֡א דֶּ֩רֶךְ֩ שְׁל֨שֶׁת יָמִ֜ים בַּמִּדְבָּ֗ר וְנִזְבְּחָה֙ לַֽיהֹוָ֣ה אֱלֹהֵ֔ינוּ פֶּן־יִפְגָּעֵ֔נוּ בַּדֶּ֖בֶר א֥וֹ בֶחָֽרֶב:
lest He strike us: Heb. פֶּן יִפְגָעֵנוּ. They should have said, “ פֶּן יִפְגָעֲ, lest He strike you,” but they imparted honor to the throne [and out of respect said this]. The word פְּגִיעָה denotes a fatal encounter. — [from Tanchuma, Va’era 2] פן יפגענו: פן יפגעך היו צריכים לומר, אלא שחלקו כבוד למלכות. פגיעה זו לשון מקרה מות היא:
4But the king of Egypt said to them, "Why, Moses and Aaron, do you disturb the people from their work? Go to your own labors." דוַיֹּ֤אמֶר אֲלֵהֶם֙ מֶ֣לֶךְ מִצְרַ֔יִם לָ֚מָּה משֶׁ֣ה וְאַֽהֲרֹ֔ן תַּפְרִ֥יעוּ אֶת־הָעָ֖ם מִמַּֽעֲשָׂ֑יו לְכ֖וּ לְסִבְלֹֽתֵיכֶֽם:
do you disturb the people from their work: Heb. תַּפְרִיעוּ, [meaning] you separate [them] and take them away from their work, because they listen to you and expect to rest from their work. Similarly, “Avoid it (פְּרָעֵהוּ), do not pass through it” (Prov. 4:15); [i.e.,] distance it. Similarly, “And you have avoided (וַתִּפְרְעוּ) all my advice” (Prov. 1: 25); “that it was (פָרֻעַ) ” (Exod. 32:25), [i.e.,] distanced and despised. תפריעו את העם ממעשיו: תבדילו ותרחיקו אותם ממלאכתם, ששומעין לכם וסבורים לנוח מן המלאכה. וכן (משלי ד טו) פרעהו אל תעבר בו, רחקהו. וכן (שם א כה) ותפרעו כל עצתי, (שמות לב כה) כי פרוע הוא, נרחק ונתעב:
Go to your own labors: “Go to your work that you have to do in your houses.” But [he could not have been referring to the Egyptian bondage, because Moses and Aaron were from the tribe of Levi and] the labor of the Egyptian bondage was not incumbent upon the tribe of Levi. You should know [that this is true] for behold, Moses and Aaron were coming and going without permission. — [from Tanchuma, Va’era 6; Tanchuma Buber, Va’era 4] לכו לסבלתיכם: לכו למלאכתכם שיש לכם לעשות בבתיכם. אבל מלאכת שעבוד מצרים לא היתה על שבטו של לוי, ותדע לך שהרי משה ואהרן יוצאים ובאים שלא ברשות:
5And Pharaoh said, "Behold, now the people of the land are many, and you are stopping them from their labors." הוַיֹּ֣אמֶר פַּרְעֹ֔ה הֵֽן־רַבִּ֥ים עַתָּ֖ה עַ֣ם הָאָ֑רֶץ וְהִשְׁבַּתֶּ֥ם אֹתָ֖ם מִסִּבְלֹתָֽם:
Behold, now the people of the land are many: Those who are required to work, and you stop them from their labors. This is a great loss. הן רבים עתה עם הארץ: שהעבודה מוטלת עליהם ואתם משביתים אותם מסבלותם, הפסד גדול הוא זה:
6So, on that day, Pharaoh commanded the taskmasters of the people and their officers, saying, ווַיְצַ֥ו פַּרְעֹ֖ה בַּיּ֣וֹם הַה֑וּא אֶת־הַנֹּֽגְשִׂ֣ים בָּעָ֔ם וְאֶת־שֹֽׁטְרָ֖יו לֵאמֹֽר:
the taskmasters: They were Egyptians, and the officers were Israelites. The taskmaster was appointed over many officers, and the officer was appointed to drive the workers. הנגשים: מצריים היו, והשוטרים היו ישראלים, הנוגש ממונה על כמה שוטרים, והשוטר ממונה לרדות בעושי המלאכה:
7"You shall not continue to give stubble to the people to make the bricks like yesterday and the day before yesterday. Let them go and gather stubble for themselves. זלֹ֣א תֹֽאסִפ֞וּן לָתֵ֨ת תֶּ֧בֶן לָעָ֛ם לִלְבֹּ֥ן הַלְּבֵנִ֖ים כִּתְמ֣וֹל שִׁלְשֹׁ֑ם הֵ֚ם יֵֽלְכ֔וּ וְקֽשְׁשׁ֥וּ לָהֶ֖ם תֶּֽבֶן:
stubble: Heb. תֶּבֶן, estoble in Old French. They would knead it with the clay. תבן: אשטובל"א [קש] היו גובלין אותו עם הטיט:
bricks: Heb. לְּבֵנִים, tivles in Old French, [tuiles in modern French, tiles] made from clay and dried in the sun; some people fire them in a kiln. לבנים: טיולי"ש בלעז [רעפים] שעושים מטיט ומייבשין אותן בחמה, ויש ששורפין אותן בכבשן:
like yesterday and the day before yesterday: As you have been doing until now. כתמול שלשם: כאשר הייתם עושים עד הנה:
and gather: Heb. וְקשְׁשׁוּ, and they shall gather. וקששו: ולקטו:
8But the number of bricks they have been making yesterday and the day before yesterday you shall impose upon them; you shall not reduce it, for they are lax. Therefore they cry out, saying, 'Let us go and sacrifice to our God.' חוְאֶת־מַתְכֹּ֨נֶת הַלְּבֵנִ֜ים אֲשֶׁ֣ר הֵם֩ עֹשִׂ֨ים תְּמ֤וֹל שִׁלְשֹׁם֙ תָּשִׂ֣ימוּ עֲלֵיהֶ֔ם לֹ֥א תִגְרְע֖וּ מִמֶּ֑נּוּ כִּֽי־נִרְפִּ֣ים הֵ֔ם עַל־כֵּ֗ן הֵ֤ם צֹֽעֲקִים֙ לֵאמֹ֔ר נֵֽלְכָ֖ה נִזְבְּחָ֥ה לֵֽאלֹהֵֽינוּ:
But the number of bricks: The sum of the number of bricks which each one made daily when they were given stubble, that sum you shall levy upon them now too, in order that the labor may fall heavy upon them. ואת מתכנת הלבנים: סכום חשבון הלבנים שהיה כל אחד עושה ליום כשהיה התבן נתן להם, אותו סכום תשימו עליהם גם עתה, למען תכבד העבודה עליהם:
for they are lax: from the work. Therefore, their hearts turn to idleness, and they cry out, saying, “Let us go, etc.” כי נרפים: מן העבודה הם, לכך לבם פונה אל הבטלה וצועקים לאמר נלכה וגו':
for they are lax: [The words], מַתְכֹּנֶת [and] וְתֹכֶן לְבֵנִים (verse 18) [mean the number of bricks, as in] “and to Him are deeds counted (נִתְפְּנוּ ” (I Sam. 2:3); “and the counted (הַמְתֻכָּן) money” (II Kings 12:12). All are terms denoting a quantity. מתכנת: ותוכן לבנים (פסוק יט), ולו נתכנו עלילות (שמואל א' ב ג), את הכסף המתוכן (מלכים ב' יב יב), כולם לשון חשבון הם:
lax: Heb. נִרְפִּים The work is neglected in their hands and abandoned by them, and they are withdrawing themselves from it, retres in Old French, [meaning] withdrawn, removed. נרפים: המלאכה רפויה בידם ועזובה מהם והם נרפים ממנה, רטריי"ש בלע"ז [אחיזתם רופפת]:
9Let the labor fall heavy upon the men and let them work at it, and let them not talk about false matters." טתִּכְבַּ֧ד הָֽעֲבֹדָ֛ה עַל־הָֽאֲנָשִׁ֖ים וְיַֽעֲשׂוּ־בָ֑הּ וְאַל־יִשְׁע֖וּ בְּדִבְרֵי־שָֽׁקֶר:
and let them not talk about false matters: Heb. וְאַל יִשְׁעוּ בְּדִבְרֵי שֶׁקֶר. Let them not constantly think and talk about matters of no substance, saying, “Let us go, let us sacrifice.” Similar to it is, “and I shall constantly engage (וְאֶשְׁעָה) in Your statutes” (Ps. 119:117). “For an example and for a byword (וְלִשְׁנִינָה)” (Deut. 28:37) is rendered [by Onkelos] as וּלְשׁוֹעִין. “And [the servant] told” (Gen. 24:66) is rendered וְאִשְׁךְתָּעֵי. It is, however, impossible to say that יִשְׁעוּ is [related to the] expression of “and the Lord turned (וַיִשַׁע) to Abel” (Gen. 424); “But to Cain and to his offering He did not turn (לֹא שָׁעָה) ” (Gen. 4:5); and to explain אַַַַַל יִשְׁעוּ as “and let them not turn.” If this were the case, Scripture should have written: וְאַל יִשְׁעוּ אֶל דִבְרֵי שָׁקֶר or שָׁקֶר לְדִבְרֵי, for that is the construction in all similar cases, e.g., “and shall turn (יִשְׁעֶה) to (עַל) His Maker" (Isa. 17:7); "and he shall not turn (וְלֹא יִשְׁעֶה) to (אֶל) the altars” (Isa. 17:8); “and they did not turn (וְלֹא ֹשָעו) to (עַל) the Holy One of Israel” (Isa. 31:1). I have not found the prefix “beth” immediately following them; after an expression of speech, however, concerning one who is engaged in speaking of a matter, the prefix “beth” is appropriate, e. g., “who talk about you (בְּ)” ; (Ezek. 33:30); “Miriam and Aaron talked about Moses (בְּמשֶׁה) ” (Num. 12: 1); “the angel who spoke with me (בִּי) ” (Zech. 4:1); “to speak of them (בָּם)” (Deut. 11:19); “And I shall speak of Your testimonies (בְעֵדֹתֶי) ” (Ps. 119:46). Here too, אַל יִשְׁעוּ בְּדִבְרֵי שָׁקֶר means: Let them not engage in speaking of words of vanity and nonsense. ואל ישעו בדברי שקר: ואל יהגו וידברו תמיד בדברי רוח לאמר נלכה נזבחה. ודומה לו (תהילים קיט קיז) ואשעה בחקיך תמיד, (דברים כח לז) למשל ולשנינה, מתרגמינן ולשועין, (בראשית כד סו) ויספר ואשתעי. ואי אפשר לומר ישעו לשון (בראשית ד ד) וישע ה' אל הבל וגו', (שם ה) ואל קין ואל מנחתו לא שעה, ולפרש אל ישעו אל יפנו, שאם כן היה לו לכתוב ואל ישעו אל דברי שקר או לדברי שקר, כי כן גזרת כולם (ישעי' יז ז) ישעה האדם על עושהו, (שם לא א) ולא שעו על קדוש ישראל, (שם יז ח) ולא ישעה אל המזבחות, ולא מצאתי שמוש של בי"ת סמוכה לאחריהם, אבל אחר לשון דבור, במתעסק לדבר בדבר נופל לשון שמוש בי"ת, כגון (יחזקאל לג ל) הנדברים בך, (במדבר יב א) ותדבר מרים ואהרן במשה, (זכריה ד א) המלאך הדובר בי, (דברים יא יט) לדבר בם, (תהילים קיט מו) ואדברה בעדותיך, אף כאן אל ישעו בדברי שקר אל יהיו נדברים בדברי שוא והבאי:
10So the taskmasters of the people and their officers came out and spoke to the people, saying, "So said Pharaoh, 'I am not giving you stubble. יוַיֵּ֨צְא֜וּ נֹֽגְשֵׂ֤י הָעָם֙ וְשֹׁ֣טְרָ֔יו וַיֹּֽאמְר֥וּ אֶל־הָעָ֖ם לֵאמֹ֑ר כֹּ֚ה אָמַ֣ר פַּרְעֹ֔ה אֵינֶ֛נִּי נֹתֵ֥ן לָכֶ֖ם תֶּֽבֶן:
11You go take for yourselves stubble from wherever you find [it], because nothing will be reduced from your work.' " יאאַתֶּ֗ם לְכ֨וּ קְח֤וּ לָכֶם֙ תֶּ֔בֶן מֵֽאֲשֶׁ֖ר תִּמְצָ֑אוּ כִּ֣י אֵ֥ין נִגְרָ֛ע מֵֽעֲבֹֽדַתְכֶ֖ם דָּבָֽר:
You go take for yourselves stubble: And you must go with alacrity. אתם לכו קחו לכם תבן: וצריכים אתם לילך בזריזות:
because nothing will be reduced from your work: from the entire amount of bricks that you were making daily, when you were given stubble prepared from the king’s house. כי אין נגרע מעבדתכם דבר: מכל סכום לבנים שהייתם עושים ליום בהיות התבן ניתן לכם מזומן מבית המלך:
12So the people scattered throughout the entire land of Egypt, to gather a gleaning for stubble. יבוַיָּ֥פֶץ הָעָ֖ם בְּכָל־אֶ֣רֶץ מִצְרָ֑יִם לְקשֵׁ֥שׁ קַ֖שׁ לַתֶּֽבֶן:
to gather a gleaning for stubble: Heb. לְקשֵׁשׁ קַֹש, to gather a gathering, to collect a collection for the stubble [needed] for the clay. לקשש קש לתבן: לאסוף אסיפה, ללקוט לקט לצורך תבן הטיט:
a gleaning: Heb., קַֹש an expression of collecting. Since it is a substance that scatters and requires collecting, it is called קַֹש in other places [also]. קש לקשש קש לתבן: לשון לקוט. על שם שדבר המתפזר הוא וצריך לקוששו, קרוי קש בשאר מקומות.
13And the taskmasters were pressing [them], saying, "Finish your work, the requirement of each day in its day, just as when there was stubble." יגוְהַנֹּֽגְשִׂ֖ים אָצִ֣ים לֵאמֹ֑ר כַּלּ֤וּ מַֽעֲשֵׂיכֶם֙ דְּבַר־י֣וֹם בְּיוֹמ֔וֹ כַּֽאֲשֶׁ֖ר בִּֽהְי֥וֹת הַתֶּֽבֶן:
were pressing [them]: Heb אָצִים, pressing-[from Targumim] אצים: דוחקים:
the requirement of each day in its day: The quota of each day complete in its [i.e., on the same day, as you did when the stubble was prepared. — [from Onkelos] דבר יום ביומו: חשבון של כל יום כלו ביומו, כאשר עשיתם בהיות התבן מוכן:
14And the officers of the children of Israel whom Pharaoh's taskmasters had appointed over them were beaten, saying, "Why have you not completed your quota to make bricks like the day before yesterday, neither yesterday nor today?" ידוַיֻּכּ֗וּ שֹֽׁטְרֵי֙ בְּנֵ֣י יִשְׂרָאֵ֔ל אֲשֶׁר־שָׂ֣מוּ עֲלֵהֶ֔ם נֹֽגְשֵׂ֥י פַרְעֹ֖ה לֵאמֹ֑ר מַדּ֡וּעַ לֹא֩ כִלִּיתֶ֨ם חָקְכֶ֤ם לִלְבֹּן֙ כִּתְמ֣וֹל שִׁלְשֹׁ֔ם גַּם־תְּמ֖וֹל גַּם־הַיּֽוֹם:
And the officers of the children of Israel… were beaten: The officers were Israelites, and they had pity on their fellows, [and did] not press them. They would turn the bricks over to the taskmasters, who were Egyptians, and when something was missing form the [required] amount, they [the Egyptians] would flog them [the officers] because they did not press the workers. Therefore those officers merited to become the Sanhedrin, and some of the spirit that was upon Moses was taken and placed upon them, as it is said: “Gather to Me seventy men of the elders of Israel” (Num. 11:16), of those about whom you know the good that they did in Egypt, “that they are the elders of the people and its officers” (ibid.). — [from Tanchuma, Beha’alothecha 13 and Sifrei, Beha’alothecha 92] ויכו שטרי בני ישראל: השוטרים ישראלים היו וחסים על חבריהם מלדחקם, וכשהיו משלימים הלבנים לנוגשים שהם מצריים, והיה חסר מן הסכום, היו מלקין אותם על שלא דחקו את עושי המלאכה, לפיכך זכו אותם שוטרים להיות סנהדרין, ונאצל מן הרוח אשר על משה, והושם עליהם, שנאמר (במדבר יא טז) אספה לי שבעים איש מזקני ישראל אשר ידעת, מאותן שידעת הטובה שעשו במצרים, כי הם זקני העם ושוטריו:
And the officers of the children of Israel… were beaten: [I. e.,] those whom Pharaoh’s taskmasters had appointed as officers over them-saying, “Why, etc.” Why were they beaten? Because they [the Egyptian taskmasters] said to them [the officers], “Why have you not completed either yesterday or today the fixed quota set upon you to make bricks, as [you did] the ‘third yesterday’?” This is the day before yesterday, which was when they had been given stubble. ויכו שטרי בני ישראל: אשר שמו נוגשי פרעה אותם לשוטרים עליהם לאמר מדוע וגו'. למה ויכו, שהיו אומרים להם מדוע לא כליתם גם תמול גם היום חק הקצוב עליכם ללבון כתמול השלישי שהוא יום שלפני אתמול, והוא היה בהיות התבן נתן להם:
were beaten: Heb. וַיֻכּוּ They were the object of an action. [The word is in the “hoph’al” conjugation, the recipient of the “hiph’il.”] They were beaten by others; the taskmasters beat them. ויכו: לשון ויופעלו, הוכו מיד אחרים, הנוגשים הכום:
15So the officers of the children of Israel came and cried out to Pharaoh, saying, "Why do you do this to your servants? טווַיָּבֹ֗אוּ שֹֽׁטְרֵי֙ בְּנֵ֣י יִשְׂרָאֵ֔ל וַיִּצְעֲק֥וּ אֶל־פַּרְעֹ֖ה לֵאמֹ֑ר לָ֧מָּה תַֽעֲשֶׂ֦ה כֹ֖ה לַֽעֲבָדֶֽיךָ:
16Stubble is not given to your servants, but they tell us, 'Make bricks,' and behold, your servants are beaten, and your people are sinning." טזתֶּ֗בֶן אֵ֤ין נִתָּן֙ לַֽעֲבָדֶ֔יךָ וּלְבֵנִ֛ים אֹֽמְרִ֥ים לָ֖נוּ עֲשׂ֑וּ וְהִנֵּ֧ה עֲבָדֶ֛יךָ מֻכִּ֖ים וְחָטָ֥את עַמֶּֽךָ:
but they tell us, ‘Make bricks’: The taskmasters [tell us]: “Make bricks, as many as the original number.” ולבנים אמרים לנו עשו: כמנין הראשון:
and your people are sinning: Heb. וְחָטָאתעַמֶ. If it were vowelized with a “pattach” (חַטָאת), I would say that it is connected, [i.e., in the construct state, and so it means:] and this thing is the sin of your people. However, since it is [vowelized with] a “kamatz” (חָטָאת), it is a noun [in the absolute state], and this is its meaning: and this thing brings sin upon your people, as if it were written: וְחַָטָאת לְעַמֶךָ, like “when they came to Beth-lehem (בֵּית לָחֶם) ” (Ruth 1:19), which is the equivalent of לְבֵית לָחֶם, and similarly with many [others]. וחטאת עמך: אלו היה נקוד פת"ח הייתי אומר שהוא דבוק, ודבר זה חטאת עמך הוא, עכשיו שהוא קמ"ץ, שם דבר הוא. וכך פירושו ודבר זה מביא חטאת על עמך, כאלו כתוב וחטאת לעמך, כמו (רות א יט) כבאנה בית לחם, שהוא כמו לבית לחם וכן הרבה:
17But he said, "You are lax, just lax. Therefore, you say, 'Let us go, let us sacrifice to the Lord.' יזוַיֹּ֛אמֶר נִרְפִּ֥ים אַתֶּ֖ם נִרְפִּ֑ים עַל־כֵּן֙ אַתֶּ֣ם אֹֽמְרִ֔ים נֵֽלְכָ֖ה נִזְבְּחָ֥ה לַֽיהֹוָֽה:
18And now, go and work, but you will not be given stubble. Nevertheless, the [same] number of bricks you must give." יחוְעַתָּה֙ לְכ֣וּ עִבְד֔וּ וְתֶ֖בֶן לֹֽא־יִנָּתֵ֣ן לָכֶ֑ם וְתֹ֥כֶן לְבֵנִ֖ים תִּתֵּֽנוּ:
Nevertheless the [same] number of bricks: Heb. וְתֹכֶן לְבֵנִים, the count of the bricks, and similarly, " הַכֶּסֶף הַמְתֻכָּן, the counted money” (II Kings 12:12), as is stated in that section, “and packed and counted the money” (II Kings 12:11). — [from Onkelos] ותכן לבנים: חשבון הלבנים, וכן (מלכים ב יב יב) את הכסף המתוכן, המנוי, כמו שאמר בענין (שם יא) ויצורו וימנו את הכסף:
19The officers of the children of Israel saw them in distress, saying, "Do not reduce [the number] of your bricks, the requirement of each day in its day." יטוַיִּרְא֞וּ שֹֽׁטְרֵ֧י בְנֵֽי־יִשְׂרָאֵ֛ל אֹתָ֖ם בְּרָ֣ע לֵאמֹ֑ר לֹֽא־תִגְרְע֥וּ מִלִּבְנֵיכֶ֖ם דְּבַר־י֥וֹם בְּיוֹמֽוֹ:
The officers of the children of Israel saw: their fellows who were driven by them. ויראו שטרי בני ישראל: את חבריהם הנרדים על ידם:
in distress: They saw them in the distress and trouble that befell them when they had to make the work heavy upon them, saying, “Do not reduce, etc.” ברע: ראו אותם ברעה וצרה המוצאת אותם בהכבידם העבודה עליהם לאמר לא תגרעו וגו':
20They met Moses and Aaron standing before them when they came out from Pharaoh's presence. כוַיִּפְגְּעוּ֙ אֶת־משֶׁ֣ה וְאֶת־אַֽהֲרֹ֔ן נִצָּבִ֖ים לִקְרָאתָ֑ם בְּצֵאתָ֖ם מֵאֵ֥ת פַּרְעֹֽה:
They met: Men of Israel [met] Moses and Aaron, etc. Our Rabbis expounded: Every [instance of] נִצִים, quarreling, and נִ צָּבִים, standing, is a reference to Dathan and Abiram, about whom it is said: “came out and stood upright” (Num. 16:27). — [from Ned. 64b] ויפגעו: אנשים מישראל את משה ואת אהרן וגו'. ורבותינו דרשו כל נצים ונצבים דתן ואבירם היו, שנאמר בהם יצאו נצבים:
21And they said to them, "May the Lord look upon you and judge, for you have brought us into foul odor in the eyes of Pharaoh and in the eyes of his servants, to place a sword into their hand[s] to kill us." כאוַיֹּֽאמְר֣וּ אֲלֵהֶ֔ם יֵ֧רֶא יְהֹוָ֛ה עֲלֵיכֶ֖ם וְיִשְׁפֹּ֑ט אֲשֶׁ֧ר הִבְאַשְׁתֶּ֣ם אֶת־רֵיחֵ֗נוּ בְּעֵינֵ֤י פַרְעֹה֙ וּבְעֵינֵ֣י עֲבָדָ֔יו לָֽתֶת־חֶ֥רֶב בְּיָדָ֖ם לְהָרְגֵֽנוּ:
22So Moses returned to the Lord and said, "O Lord! Why have You harmed this people? Why have You sent me? כבוַיָּ֧שָׁב משֶׁ֛ה אֶל־יְהֹוָ֖ה וַיֹּאמַ֑ר אֲדֹנָ֗י לָמָ֤ה הֲרֵעֹ֨תָה֙ לָעָ֣ם הַזֶּ֔ה לָ֥מָּה זֶּ֖ה שְׁלַחְתָּֽנִי:
Why have You harmed this people?: And if You ask, “What is it to you?” [I answer,] “I am complaining that You have sent me.” -[from Tanchuma, Va’era 6] למה הרעתה לעם הזה: ואם תאמר מה איכפת לך, קובל אני על ששלחתני:
23Since I have come to Pharaoh to speak in Your name, he has harmed this people, and You have not saved Your people." כגוּמֵאָ֞ז בָּ֤אתִי אֶל־פַּרְעֹה֙ לְדַבֵּ֣ר בִּשְׁמֶ֔ךָ הֵרַ֖ע לָעָ֣ם הַזֶּ֑ה וְהַצֵּ֥ל לֹֽא־הִצַּ֖לְתָּ אֶת־עַמֶּֽךָ:
he has harmed this people: Heb. הֵרַע, a causative expression. He brought much harm upon them, and the targum renders: אַבְאֵשׁ הרע: לשון הפעיל הוא, הרבה רעה עליהם. ותרגומו אבאיש:
Exodus Chapter 6
1And the Lord said to Moses, "Now you will see what I will do to Pharaoh, for with a mighty hand he will send them out, and with a mighty hand he will drive them out of his land." אוַיֹּ֤אמֶר יְהֹוָה֙ אֶל־משֶׁ֔ה עַתָּ֣ה תִרְאֶ֔ה אֲשֶׁ֥ר אֶֽעֱשֶׂ֖ה לְפַרְעֹ֑ה כִּ֣י בְיָ֤ד חֲזָקָה֙ יְשַׁלְּחֵ֔ם וּבְיָ֣ד חֲזָקָ֔ה יְגָֽרְשֵׁ֖ם מֵֽאַרְצֽוֹ:
Now you will see, etc.: You have questioned My ways [of running the world, which is] unlike Abraham, to whom I said, “For in Isaac will be called your seed” (Gen. 21:12), and afterwards I said to him, “Bring him up there for a burnt offering” (Gen. 22:2), yet he did not question Me. Therefore, now you will see. What is done to Pharaoh you will see, but not what is done to the kings of the seven nations when I bring them [the children of Israel] into the land [of Israel]. — [from Sanh. 111a] עתה תראה וגו': הרהרת על מדותי, לא כאברהם שאמרתי לו (בראשית כא יב) כי ביצחק יקרא לך זרע, ואחר כך אמרתי לו (שם כב ב) העלהו לעולה, ולא הרהר אחרי, לפיכך עתה תראה. העשוי לפרעה תראה, ולא העשוי למלכי שבעה אומות, כשאביאם לארץ:
for with a mighty hand he will let them go: Because of My mighty hand, which will overpower Pharaoh, he will let them go. כי ביד חזקה ישלחם: מפני ידי החזקה שתחזק עליו ישלחם:
and with a mighty hand he will drive them out of his land: Against Israel’s will he will drive them out, and they will not have time to make provisions for themselves, and so He says, “And the Egyptians pressed the people strongly, etc.” (Exod. 12:33). וביד חזקה יגרשם מארצו: על כרחם של ישראל יגרשם, ולא יספיקו לעשות להם צידה. וכן הוא אומר (שמות יב לג) ותחזק מצרים על העם למהר לשלחם וגו':
• Daily Tehillim: Psalms Chapters 108 - 112
• Chapter 108
1. A song, a psalm by David.
2. My heart is steadfast, O God; I will sing and chant praises even with my soul.
3. Awake, O lyre and harp; I shall awaken the dawn.
4. I will thank You among the nations, Lord; I will sing praises to You among the peoples.
5. Indeed, Your kindness reaches above the heavens; Your truth reaches to the skies.
6. Be exalted upon the heavens, O God, [show] Your glory upon all the earth.
7. That Your beloved ones may be delivered, help with Your right hand and answer me.
8. God spoke in His holiness that I would exult, I would divide portions [of the enemies' land], I would measure the Valley of Succot.
9. Mine is Gilead, mine is Manasseh, and Ephraim is the stronghold of my head, Judah is my prince.
10. Moab is my washbasin, I will cast my shoe upon Edom, I will shout over Philistia.
11. Who brings me to the fortified city? Who led me unto Edom?
12. Is it not God, Who has [until now] forsaken us, and did not go forth, O God, with our armies?
13. Give us help against the adversary; futile is the help of man.
14. Through God we will do valiantly, and He will trample our oppressors.
Chapter 109
David composed this psalm while fleeing from Saul. At that time he faced many enemies who, despite acting friendly in his presence, spoke only evil of him; he therefore curses them bitterly.
1. For the Conductor, by David, a psalm. O God of my praise, be not silent.
2. For the mouth of the wicked and the mouth of the deceitful have opened against me; they spoke to me with a false tongue.
3. They have surrounded me with words of hate, and attacked me without cause.
4. In return for my love they hate me; still, I am [a man of] prayer.
5. They placed harm upon me in return for my favor, and hatred in return for my love.
6. Appoint a wicked man over him; let an adversary stand at his right.
7. When he is judged may he go out condemned; may his prayer be considered a sin.
8. May his days be few; may another take his position.
9. May his children be orphans and his wife a widow.
10. May his children wander about and beg; may they seek charity from amid their ruins.
11. May the creditor seize all that he has, and may strangers plunder [the fruits of] his labor.
12. May he have none who extends him kindness, and may none be gracious to his orphans.
13. May his posterity be cut off; may their name be erased in a later generation.
14. May the iniquity of his fathers be remembered by the Lord, and the sin of his mother not be erased.
15. May they be before the Lord always, and may He cut off their memory from the earth.
16. Because he did not remember to do kindness, and he pursued the poor and destitute man and the broken-hearted, to kill [him].
17. He loved the curse and it has come upon him; he did not desire blessing, and it has remained far from him.
18. He donned the curse like his garment, and it came like water into his innards, like oil into his bones.
19. May it be to him like a cloak in which he wraps himself, as a belt with which he girds himself always.
20. This is from the Lord for the deeds of my enemies, and [for] those who speak evil against my soul.
21. And You, God, my Lord, do [kindness] with me for the sake of Your Name; for Your kindness is good, rescue me!
22. For I am poor and destitute, and my heart has died within me.
23. Like the fleeting shadow I am banished, I am tossed about like the locust.
24. My knees totter from fasting, and my flesh is lean without fat.
25. And I became a disgrace to them; they see me and shake their heads.
26. Help me, Lord, my God, deliver me according to Your kindness.
27. Let them know that this is Your hand, that You, Lord, have done it.
28. Let them curse, but You will bless; they arose, but they will be shamed, and Your servant will rejoice.
29. May my adversaries be clothed in humiliation; may they wrap themselves in their shame as in a cloak.
30. I will thank the Lord profusely with my mouth, and amid the multitude I will praise Him,
31. when He stands at the right of the destitute one to deliver him from the condemners of his soul.
Chapter 110
This psalm records the response of Eliezer, servant of Abraham (to those who asked how Abraham managed to defeat the four kings). He tells of Abraham killing the mighty kings and their armies. Read, and you will discover that the entire psalm refers to Abraham, who merited prominence for recognizing God in his youth.
1. By David, a psalm. The Lord said to my master, "Sit at My right, until I make your enemies a stool for your feet.”
2. The staff of your strength the Lord will send from Zion, to rule amid your enemies.
3. Your people [will come] willingly on the day of your campaign; because of your splendid sanctity from when you emerged from the womb, you still possess the dew of your youth.
4. The Lord has sworn and will not regret: "You shall be a priest forever, just as Melchizedek!”
5. My Lord is at your right; He has crushed kings on the day of His fury.
6. He will render judgement upon the nations, and they will be filled with corpses; He will crush heads over a vast land.
7. He will drink from the stream on the way, and so will hold his head high.
Chapter 111
This psalm is written in alphabetical sequence, each verse containing two letters, save the last two verses which contain three letters each. The psalm is short yet prominent, speaking of the works of God and their greatness.
1. Praise the Lord! I will give thanks to the Lord with all my heart, in the counsel of the upright and the congregation.
2. Great are the works of the Lord, [yet] available to all who desire them.
3. Majesty and splendor are His work, and His righteousness endures forever.
4. He established a memorial for His wonders, for the Lord is gracious and compassionate.
5. He gave food to those who fear Him; He remembered His covenant always.
6. He has declared the power of His deeds to His people, to give them the inheritance of nations.
7. The works of His hands are true and just; all His mandates are faithful.
8. They are steadfast for ever and ever, for they are made with truth and uprightness.
9. He sent redemption to His people, [by] commanding His covenant forever; holy and awesome is His Name.
10. The beginning of wisdom is fear of the Lord; sound wisdom for all who practice it-His praise endures forever.
Chapter 112
This psalm, too, follows alphabetical sequence, each verse containing two letters, save the last two which contain three letters each. It speaks of the good traits man should choose, and of how to give charity-the reward for which is never having to rely on others.
1. Praise the Lord! Fortunate is the man who fears the Lord, and desires His commandments intensely.
2. His descendants will be mighty on the earth; he will be blessed with an upright generation.
3. Wealth and riches are in his house, and his righteousness endures forever.
4. Even in darkness light shines for the upright, for [He is] Compassionate, Merciful, and Just.
5. Good is the man who is compassionate and lends, [but] provides for his own needs with discretion.
6. For he will never falter; the righteous man will be an eternal remembrance.
7. He will not be afraid of a bad tiding; his heart is steadfast, secure in the Lord.
8. His heart is steadfast, he does not fear, until he sees his oppressors [destroyed].
9. He has distributed [his wealth], giving to the needy. His righteousness will endure forever; his might will be uplifted in honor.
10. The wicked man will see and be angry; he will gnash his teeth and melt away; the wish of the wicked will be ruined.
Tanya: Likutei Amarim, beginning of Chapter 15
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 23 Tevet, 5777 · 21 January 2017
• Likutei Amarim, beginning of Chapter 15
• In the previous chapters, the Alter Rebbe discussed the difference between the tzaddik and the Beinoni. The tzaddik has no evil inclination. Since there is no longer any evil in his own soul, evil holds no attraction for him. In the Beinoni, however, the evil remains strong. The Beinoni therefore finds evil desirable, and it is only through the constant vigilance and struggle of his divine soul that he is able to prevent his animal soul from implementing its desires in thought, speech and action.
ובזה יובן מה שכתוב
With this distinction in mind, we may understand the verse:1
ושבתם וראיתם בין צדיק לרשע, בין עובד אלקים לאשר לא עבדו
“And you will return and see the difference between the righteous man and the wicked one, between he who serves G‑d and he who serves Him not.”
The Talmud2 raises the question: The term “righteous man” is identical with “he who serves G‑d,” and “the wicked man” is obviously “he who serves Him not.” Why, then, does the text repeat the contrast? In answer, the Talmud states: “Both ‘he who serves G‑d’ and ‘he who serves Him not’ are fully righteous; yet one who reviews his studies one hundred times cannot compare to he who reviews his studies 101 times.”3
However, this answer seems to clarify only the second set of seemingly repetitive terms — “the wicked man” and “he who serves Him not.” Far from being wicked, “he who serves Him not” is so described only because he reviews his Torah studies no more than 100 times. Yet we remain with the difficulty posed by the first set of identical descriptions — “the righteous man” and “he who serves G‑d.” In fact, the above-quoted Talmudic interpretation of the verse adds yet a third category: “he who serves Him not,” yet is also righteous! It is this difficulty that the Alter Rebbe now resolves, based on his previous distinction between the tzaddik and the Beinoni.
שההפרש בין עובד אלקים לצדיק הוא שעובד הוא לשון הוה, שהוא באמצע העבודה
The difference between “he who serves G‑d” (oved) and a righteous man (tzaddik) is that “he who serves G‑d,” written in the present tense, describes one who is still presently laboring in his divine service.
שהיא המלחמה עם היצר הרע, להתגבר עליו, ולגרשו מהעיר קטנה
This service consists of the struggle against one’s evil nature with the aim of overpowering it, and banishing it from the “small city” i.e., the body, which is like a city whose conquest is the objective of both the good and the evil nature,4
שלא יתלבש באברי הגוף
so that it should not vest itself in the organs of the body through evil thought, speech or action.5 Doing battle against his evil nature is the avodah (“service”) of “he who serves G‑d.”
שהוא באמת עבודה ועמל גדול להלחם בו תמיד
This constant battle with one’s evil nature truly entails much effort (“service”) and toil.
והיינו הבינוני
This is the Beinoni.
It is he who must wage this battle; it is the Beinoni who is called “he who serves G‑d,” for he is actively engaged at present in his service.
אבל הצדיק נקרא עבד ה׳ בשם התואר
The tzaddik, on the other hand, is designated “a servant (eved) of G‑d,” as a title conferred on the person himself; it is not merely a description of one’s active role as is the designation “one who serves.”
כמו שם חכם או מלך, שכבר נעשה חכם או מלך
The term “servant” is similar to the title “sage” or “king”, bestowed on one who has already become a sage or king.
כך זה כבר עבד וגמר לגמרי עבודת המלחמה עם הרע, עד כי ויגרשהו וילך לו, ולבו חלל בקרבו
So, too, he (the tzaddik) has already effected and completely accomplished his “service” of waging war with the evil in him. He has banished it and it is gone from him, leaving the seat of evil nature in his heart6 “void within him.” Having completed this task, the tzaddik has earned the title “servant of G‑d.”
We now see that the expressions “a righteous man” and “he who serves G‑d” are not repetitious; “he who serves G‑d” is not a description of a tzaddik but of a Beinoni.
The Alter Rebbe now goes on to discuss the difference between “he who serves G‑d” and “he who serves Him not,” who, as the Talmud declares, is not wicked.
ובבינוני יש ג״כ שתי מדרגות, עובד אלקים ואשר לא עבדו
In the category of Beinoni there are also two levels: “He who serves G‑d” and “he who serves Him not.”
ואף על פי כן אינו רשע
Yet he who “serves Him not” is not wicked, although he does not wage war with his evil nature,
כי לא עבר מימיו שום עבירה קלה
for never in his life has he committed even a minor transgression in the realm of negative commandments.
וגם קיים כל המצות שאפשר לו לקיימן, ותלמוד תורה כנגד כולם
He has also fulfilled all the positive commandments which he was able to fulfill, including the precept of Torah study — which is equal to all the other commandments combined—
ולא פסיק פומיה מגירסא
to the extent that his mouth never ceased from study, despite the difficulty involved in this.
אלא
Yet he is still described as one who “does not serve G‑d,” for
שאינו עושה שום מלחמה עם היצר
he does not wage any battle against his evil inclination
לנצחו על ידי אור ה׳ המאיר על נפש האלקית שבמוח, השליט על הלב כנ״ל
to vanquish it through the aid of the Divine light that illuminates the G‑dly soul abiding in the brain, which rules over the heart — as explained above7 that the G‑dly soul and the Divine light illuminating it are theBeinoni’s answer to his evil inclination. He (“who serves Him not”) does not struggle with it —
מפני שאין יצרו עומד לנגדו כלל לבטלו מתורתו ועבודתו, ואינו צריך ללחום עמו כלל
for his evil inclination does not oppose him at all in an attempt to deter him from his Torah study and divine service, and thus he need not wage any war against it.
כגון שהוא מתמיד בלמודו בטבעו מתולדתו, על ידי תגבורת המרה שחורה
So it is, for example, with one who is by nature an assiduous student due to his stolid temperament,
וכן אין לו מלחמה מתאות נשים מפני שהוא מצונן בטבעו
and who is also free of conflict with sexual desire due to his frigid nature;
וכן בשאר תענוגי עולם הזה הוא מחוסר הרגש הנאה בטבעו
and similarly with other mundane pleasures he need not exert himself to master a desire for them, for he naturally lacks any feeling for enjoyment.
ולכן אין צריך להתבונן כל כך בגדולת ה׳, להוליד מבינתו רוח דעת ויראת ה׳ במוחו
For this reason he does not need to contemplate so much on the greatness of G‑d to consciously create a spirit of knowledge and fear of G‑d in his mind
להשמר שלא לעבור על מצות לא תעשה
in order to guard himself from transgressing any prohibitive commandments.
ואהבת ה׳ בלבו, לדבקה בו בקיום המצות, ותלמוד תורה כנגד כולן
He also need not create a love of G‑d in his heart, which would motivate him to bind himself to Him through fulfilling the positive commandments and through Torah study which equals all the other commandments together.
אלא די לו באהבה מסותרת אשר בלב כללות ישראל, שנקראו אוהבי שמו
The hidden love of G‑d found in the heart of all Jews, who are called8 “the lovers of His name,” is sufficient for him to motivate his fulfilling the commandments, since he is naturally so inclined.
For a Jew who must engage in battle with his evil inclination, the love hidden in his heart is not enough. He must arouse it to an active, conscious state. For the person who is free of conflict with evil, however, this hidden love (together with his naturally favorable character traits) is sufficient.
ולכן אינו נקרא עובד כלל
For this reason, he is not considered “one who is serving G‑d” at all.
כי אהבה זו המסותרת אינה פעולתו ועבודתו כלל, אלא היא ירושתנו מאבותינו לכלל ישראל, וכמ״ש לקמן
For this latent love is not of his making or achievement by any means. It is our inheritance, bequeathed by our Patriarchs to the entire Jewish nation, as will be explained further.9
With this the Alter Rebbe concluded the thought that within the level of Beinoni there are two sub-categories — “he who serves G‑d,” and “he who serves Him not.”
He now goes on to say that even one who is not naturally endowed with traits favorable to G‑d’s service, may yet come under the category of “he who serves Him not.”
וכן אף מי שאינו מתמיד בלמודו בטבעו, רק שהרגיל עצמו ללמוד בהתמדה גדולה, ונעשה ההרגל לו טבע שני
So, too, he who is not inherently studious, but has accustomed himself to study diligently, so that this habit has become his second nature; thus, diligence is now natural for him,—
די לו באהבה מסותרת זו, אלא אם כן רוצה ללמוד יותר מרגילותו
for him, too, the hidden love of G‑d is now sufficient, unless he wishes to study more than he usually does.
To do so, he must arouse a conscious love of G‑d in his heart. Only such a love can supply the strength necessary to free himself from the restraints of his acquired nature.
| FOOTNOTES | |
| 1. | Malachi 3:18. |
| 2. | Chagigah 9b. |
| 3. | The significance of the 101st revision will be explained further in this chapter. |
| 4. | Kohelet 9:14; Nedarim 32b; and see above, ch. 9. |
| 5. | See ch. 12. |
| 6. | See ch. 1. |
| 7. | See chs. 12 and 13. |
| 8. | Tehillim 69:37. |
| 9. | Chs. 18, 19, and 44. |
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Negative Commandment 352
Uncle-Nephew Incest
"You shall not uncover the nakedness of your father's brother"—Leviticus 18:14.
It is forbidden for a man to engage in homosexual relations with his father's brother. One who does so transgresses two prohibitions: the general prohibition against homosexuality as well as this specific prohibition.
Full text of this Mitzvah »• Uncle-Nephew Incest
Negative Commandment 352
Translated by Berel Bell
The 352nd prohibition is that one is forbidden from having [homosexual] relations with one's father's brother.
The source of this commandment is G‑d's statement,1 "do not commit a sexual offense against your father's brother."
One who unintentionally has relations with his father's brother must also bring two sin-offerings, as we explained regarding one's father.2 In tractate Sanhedrin they explain, "according to all opinions, one who has relations with his father's brother must bring two [sin-offerings], as the verse says, 'do not commit a sexual offense against your father's brother.' "
You should know3 that when I use the phrase, "acceptable testimony," I mean that there were two or more valid witnesses who gave the warning; that the testimony was given before a valid Beth Din of 23 members; and that it took place during a time when capital cases could be judged.4
It is clear that Scripture explicitly dictates kares for all the sexual prohibitions mentioned above. After listing all these prohibitions, the verse5 says, "anyone who does any of these disgusting perversions — their souls shall be cut off (v'nich'r'su)." So too, any prohibition where we mentioned execution by Beth Din, it is also explicitly stated in Scripture. However, regarding the varying types of execution — stoning, strangulation, or s'reifah — some have come through the Oral Tradition and some are explicit in Scripture.
The details of all these prohibitions are explained in tractates Sanhedrin and Kerisus, and in a number of passages in Yevamos, Kesubos, and Kiddushin.
In the beginning of Kerisus it is explained that any transgression for which one receives kares if intentional and must bring a sin-offering if unintentional — if he is not sure [whether or not he did the transgression],6 he must bring an asham talui.7 The sin-offering which is mentioned is an animal — either a female sheep or a female goat.
If you will examine the punishment mentioned regarding each prohibition, you will find that virtually every transgression where one receives kares if intentional and brings a sin-offering if unintentional — the sin-offering referred to is one of fixed value.8 There are two exceptions for which one receives kares if done intentionally, but if done unintentionally, one must bring a sin-offering of adjustable value, an oleh v'yored.9 These two transgressions are tumas mikdash10 and tumas kadashav;11 i.e. an impure person entering the Temple courtyard and an impure person eating meat from the sacrifices.
[If you examine all the punishments,] it will also be clear to you that for virtually every transgression where one receives kares if intentional, one must bring a sin-offering if unintentional. There is one exception — cursing G‑d's Name,12 for which one receives kares if done intentionally, but there is no sin-offering if done unintentionally.
[If you examine all the punishments,] it will also be clear to you that virtually every person who is subject to some form of execution by the Beth Din receives kares if he is not executed or they do not know about the transgression. There are ten exceptions, where the punishment is execution, but there is no kares — one who incites others to worship idols; one who incites a city to worship idols; a false prophet; one who prophesizes in the name of an idol; a rebellious elder; a rebellious son; a kidnapper; a murderer; one who strikes his father or mother; and one who curses his father or mother. In each of these cases, if the testimony is accepted, the person is put to death. If, however, they were unaware of the transgression or were unable to execute him, he has exposed himself to the death penalty, but does not receive kares. You should understand these principles and keep them in mind.
FOOTNOTES
1.Lev. 18:14.
2.N351.
3.In the order of Sefer Hamitzvos, this mitzvah is the last of the sexual prohibitions punishable by kares (beginning with N330). The Rambam therefore summarizes a few points which apply equally to all these mitzvos (N330-352).
4.I.e. when the Holy Temple was in existence; when the Beth Din Hagadol was holding their sessions in the lishkas hagazis; and there was a Kohen who was bringing the sacrifices. See Hilchos Sanhedrin 4:11.
5.Lev. 18:29.
6.For example, there where two pieces of fat, one kosher and one not, and he is not sure which one he ate.
7.P70.
8.See P69.
9.See P72.
10.See N77.
11.See N129.
12.N60.
• Negative Commandment 347
Adultery
"You shall not commit adultery"—Exodus 20:13.
It is forbidden to engage in adultery with a married woman.
Full text of this Mitzvah »• Adultery
Negative Commandment 347
Translated by Berel Bell
The 347th prohibition is that one is forbidden to have relations with one's neighbor's wife.
The source of this commandment is G‑d's statement,1 "do not lie carnally with your neighbor's wife."
There are various forms of punishment for one who transgresses this prohibition. If she was a betrothed maiden [na'ara m'urasa],2 she is executed by stoning, as explained in Scripture.3 If she was the daughter of a kohen, she is executed by s'reifah. He, however, is executed by strangulation.4 If she is not the daughter of a kohen and is fully married,5 both of them are executed by strangulation.
This all refers to where the testimony was accepted. If it was not, the penalty is kares.
All the above6 applies only if the transgression was done intentionally. If it was done unintentionally, a sin-offering must be brought.
This prohibition is repeated in the Ten Commandments in the verse,7 "do not commit adultery," which refers to relations with a married woman.
The Mechilta8 says, "Why does it say, 'do not commit adultery'? Because the verse,9 'both the adulterer and adulteress shall be put to death' teaches us only the punishment, not the actual prohibition.10 Therefore it says, 'do not commit adultery.' " And the Sifra says, "the verse,11 'if a man commits adultery with a married woman, and she is the wife of a fellow Jew [both the adulterer and adulteress shall be put to death]' teaches us only the punishment, not the actual prohibition. Therefore it says, 'do not commit adultery' — [to serve as the prohibition] both for the man and for the woman."
These sources do not use the verse, "do not lie carnally with your neighbor's wife" as the actual prohibition since it applies only to the man instead of both the man and woman. Similarly, our Sages had to extend the other sexual prohibitions to the woman as well [as to the man],12 as they said,13 "The verse,14 'they shall not approach to commit a sexual offense' addresses itself to two people [since it says 'they']. This comes to prohibit the man through the woman and the woman through the man."
Tractate Sanhedrin15 states, "all cases are included in the terms 'adulterer' and 'adulteress,' except that the daughter of a kohen was singled out for punishment by s'reifah, and the betrothed maiden for stoning." In our introduction16 we have already explained this statement.
FOOTNOTES
1.Lev. 18:20.
2.I.e. she is after erusin but before n'suin (see P213), a virgin, and still in her father's house.
3.Deut. 22:21.
4.This refers to the latter case of the daughter of a kohen. In the case of a betrothed maiden, he too is executed by stoning. See Hilchos Issurei Biyah, 3:4.
5.Literally, "has had relations." This means that she is after n'suin — to exclude the case of a na'arah m'urasa.
6.I.e. that there is execution or kares.
7.Ex. 20:14; Deut. 5:17.
8.Parshas Yisro, ibid.
9.Lev. 20:10.
10.In general, every prohibition has one verse which gives the punishment for the transgression, and another verse which tells you that the act is prohibited.
11.Lev. 20:10.
12.Who is directly addressed in all these prohibitions.
13.Sifra, Acharei, Ch.13:1.
14.Lev. 18:6.
15.51b.
16.Principle 7. There, the Rambam disagrees with those who count adultery with a regular woman, with the kohen's daughter, and with a maiden all as separate mitzvos. He proves this from the passage in Sanhedrin, which explains that the verse which serves as the actual prohibition ("do not commit adultery") and the one which gives the punishment ("both the adulterer and adulteress shall be put to death") are general and include all cases. the fact that the Torah later gives more detail as to which type of execution applies in which case does not make them separate mitzvos.
• Negative Commandment 346
Relations with a Menstruating Woman
"And to a woman during the uncleanness of her separation you shall not come near"—Leviticus 18:19.
It is forbidden to have sexual relations with a menstruating woman during the seven-day period of her ritual impurity—and afterwards until she immerses in a mikvah (ritual pool).
Full text of this Mitzvah »
• Relations with a Menstruating Woman
Negative Commandment 346
Translated by Berel Bell
The 346th prohibition is that one is forbidden from having relations with a woman when she is still menstrualy impure, i.e. for seven days.1
The source of this commandment is G‑d's statement,2 "do not approach a woman who is menstrually impure." She remains in this state even longer than seven days as long as she does not immerse [in a mikvah].3
One who transgresses this prohibition intentionally receives kares; and if it was unintentional, must bring a sin-offering.
FOOTNOTES
1.In terms of practical halachah, this prohibition continues for a minimum of 12 days from the onset of menstruation and continues until she immerses in a kosher mikvah. There are many details regarding these laws which require careful study.
2.Lev. 18:19.
3.See previous note.
• Rambam - 1 Chapter: Chovel uMazzik Chovel uMazzik - Chapter Four
• Chovel uMazzik - Chapter Four
1
A person who strikes a woman and causes her to miscarry is liable, even if her injury was caused unintentionally. He must compensate the woman's husband for the value of the fetus, and the woman for the injury and the pain.
א
הנוגף את האשה ויצאו ילדיה אע"פ שלא נתכוון חייב לשלם דמי ולדות לבעל ונזק וצער לאשה:
2
How is the payment for the fetus assessed? We evaluate how much the woman would be worth before she gave birth, and how much she would be worth had she given birth. The difference between these two figures should be given to her husband.
If her husband died after she miscarried, the assessment should be given to his heirs. If a woman was struck after her husband died and she miscarried, the assessment for the fetus should also be given to the woman.
ב
וכיצד משערין דמי ולדות. שמין האשה כמה היתה יפה עד שלא ילדה וכמה היא יפה משילדה ונותנין לבעל. אם מת הבעל נותנין ליורשים. ואם נגפה אחר מיתת הבעל נותנין אף
3
If the woman who miscarries was married to a convert, and a person injures her during the convert's lifetime, he must pay the assessment for the fetus to the husband. If the convert dies without leaving any heirs, he is not liable. If the woman is injured after the convert dies, she acquires the right to the assessment for the fetus.
ג
היתה נשואה לגר וחבל בה בחיי הגר נותן דמי ולדות לבעל. מת הגר פטור. ואם חבל בה אחר מיתת הגר זכתה היא בדמי ולדות:
4
If the woman was a maidservant or a gentile at the time of conception, and was freed or converted before the accident took place, the assessment for the fetus belongs to her.
ד
היתה [א] שפחה או עכו"ם בשעת הריון ובשעת נגיפה נשתחררה או נתגיירה הרי דמי הולדות שלה:
5
When a person strikes a woman, and she miscarries and dies, he is not liable for payment, even if he struck her unintentionally.This law is derived as follows. Exodus 21:22 states: "If there will not be a fatal injury, he must certainly be punished financially." Thus, we see that Scripture did not distinguish between unintentional and intentional conduct with regard to an act punishable by execution by the court, and freed the perpetrator from financial liability in all instances.
ה
הנוגף את האשה ויצאו ילדיה ומתה אע"פ שהיה שוגג הרי זה פטור מן התשלומין ואינו משלם כלום. שנאמר ולא יהיה אסון ענוש יענש. לא חילק הכתוב בין שוגג למזיד בדבר שיש בו מיתת בית דין לפוטרו מן התשלומין:
6
When does the above apply? When the person intended to strike the woman. When, however, he intended to strike his colleague, but instead struck the woman - although she died - since he killed her without intention, this is considered a matter that does not involve capital punishment, and he is liable for the assessment for the fetus.
ו
במה דברים אמורים כשנתכוון לאשה. אבל אם נתכוון לחבירו ונגף את האשה אע"פ שמתה הואיל והמיתה בלא כוונה הרי זה כדבר שאין בו מיתת בית דין ומשלם
7
A person who strikes his father or his mother, but does not draw blood, is liable to pay the five assessments. If, however, he drew blood while striking his parents or injured a colleague on the Sabbath - even if he did so unintentionally - he is not liable for a financial penalty, because these sins are punishable by execution by the court. And as we explained, Scripture did not distinguish between unintentional and intentional conduct with regard to an act punishable by execution by the court, and freed the perpetrator from financial liability in all instances.
ז
המכה אביו ואמו ב ולא עשה בהן חבורה חייב בחמשה דברים. אבל אם עשה בהם חבורה או שחבל בחבירו בשבת אפילו היה שוגג פטור מן התשלומין מפני שהוא עון מיתת בית דין וכבר ביארנו שלא חילק הכתוב בדבר שיש בו מיתת בית דין בין שוגג למזיד לפוטרו מן התשלומין:
8
With regard to causing injury on the Sabbath, one might ask: "A person who causes injury is considered to be performing destructive activity, and one who performs destructive activity on the Sabbath is not liable for execution. Why then is the person who causes injury considered to be transgressing a sin punishable by execution by the court?"
The resolution is: since the person is satisfying his evil inclination by injuring his colleague, he is considered to be performing constructive activity. Thus, he is performing an act that is punishable by execution. Therefore, he is not liable for a financial penalty.
ח
והלא החובל מקלקל הוא וכל המקלקלין בשבת פטורין מן המיתה ולמה נחשוב זה החובל עון שיש בו מיתת בית דין. הואיל ועשה נחת רוח ליצרו הרע בעת שחבל בחבירו הרי הוא כמתקן ונמצא עון מיתה לפיכך פטור מתשלומין:
9
When a person injures a colleague on Yom Kippur, he is liable to pay financial compensation, even though he did so intentionally.
This is the halachah although he transgressed a sin that is punishable by lashes. Generally, whenever a deed that a person commits obligates the person to receive lashes and pay a financial penalty, he should be lashed and is not required to pay a financial penalty, for a person is never obligated for both lashes and a financial penalty. Although this is the general rule, an exception is made with regard to a person who injures a colleague. For the Torah specifically stated that a person who injures a colleague should pay compensation, as Exodus 21:19 states: "He shall pay unemployment compensation."
ט
החובל בחבירו ביום הכפורים אפילו במזיד חייב בתשלומין. אע"פ שעבר עבירה שהוא חייב עליה מלקות. והלא כל המחוייב מלקות ותשלומין לוקה ואינו משלם שאין אדם לוקה ומשלם. כך הם הדברים בכל חוץ מחובל בחבירו שהוא משלם שהרי בפירוש רבתה תורה חובל בחבירו לתשלומין שנאמר רק שבתו יתן:
10
A person who injures a Canaanite servant whom he owns is not liable for any penalty. If he injures a Hebrew servant whom he owns, he is liable for all the assessments, with the exception of unemployment compensation.
When a person injures a Canaanite servant belonging to a colleague, the owner of the injured servant receives the five assessments. Even if he gave him powerful medication that caused the servant pain but healed him quickly, the owner is entitled to payment for all medical expenses.
י
החובל בעבד כנעני שלו פטור. חבל בעבד עברי שלו חייב בכולן חוץ מן השבת. החובל בעבד כנעני של חבירו רבו של עבד נוטל חמשה דברים ואפילו ציערו בסם ונתרפא במהרה הרי כל רפואתו לרבו:
11
Whenever a servant has been freed, but his bill of release has not been given to him yet, the penalty granted to the owner if the servant is killed by an ox is not paid because of him. If others injure him, he cannot collect the money for himself, because he is not a totally free man yet. Nor may his owner collect that money, because he no longer owns him.
For this reason, if an owner knocks out one of his servant's teeth, and then blinds his eye, he must free him because of his tooth, but he is not required to pay him because of the eye. If, however, the servant seizes the assessment that would be due him, it is not expropriated from him.
יא
כל עבד שיצא לחירות ועדיין לא הגיע גט שחרור לידו אין לו קנס. ואחרים שחבלו בו אינו יכול להוציא מהן לעצמו שעדיין לא גמר שחרורו. ולא האדון יכול להוציא מהן שהרי לא
12
When a servant has been half-freed, he must work for his master one day, and may work for himself the next day.34
The following rules apply if such a servant was embarrassed by a person, or one caused him pain, or he was gored by an ox, or the like. If this took place on the day on which he must work for his master, the master is entitled to the payment. If this took place on the day when he works for himself, he is entitled to the payment.
יב
מי שחציו עבד וחציו בן חורין שביישו אדם או ציערו או שנגחו שור וכיוצא באלו. אם אירעו זה ביום של רבו לרבו ביום של עצמו לעצמו:
13
When a person injures a Hebrew servant belonging to another person, he is liable for all five assessments. Land should be purchased with the money, and the servant's master is entitled to the profits. When the servant is freed, the land is released from his owner's control.
If the servant was injured in a way that does not impair his work at all - e.g., the tip of his ear or the tip of his nose was cut off - the entire payment should be given to the servant, and his owner is not entitled to the benefit.
יג
החובל בעבד עברי של חבירו חייב בחמשה דברים וילקח בהן קרקע ורבו אוכל פירותיה. ולכשיצא העבד לחירות יצא השדה מתחת רבו. הזיקו היזק שאינו מעכב מלאכה כלל כגון שקטע ראש אזנו או ראש חוטמו הכל לעבד ואין לרבו בהן פירות:
14
The following rules apply when a person injures a girl below the age of majority who is not his own daughter. If the injuries reduce the money her father would receive for consecrating her, the assessment should be given to her father. Similarly, the unemployment assessment should be given to her father, for her wages belong to him, and the money received for selling her as a servant belongs to him.
The assessments for pain, embarrassment and medical attention, by contrast, belong to the girl herself. Similarly, if the injuries do not reduce the money he would receive for consecrating her, the assessment should be given to [the daughter.
When a person injures his own daughter, he must pay her only the assessments for pain, medical attention and embarrassment.
יד
החובל בבת קטנה של אחרים אם נזק הפוחת אותה מכספה הוא הרי הוא של אב. וכן שבתה של אב שהרי מעשה ידיה וכסף מכירתה של אביה הוא. אבל צער ובושת וריפוי הרי הוא שלה. וכן נזק שאינה פוחתה מכספה הרי הוא שלה. וכן החובל בבתו משלם צער
15
The following rules apply when a person injures a married woman. The unemployment benefits and medical assessment should be given to her husband. With regard to shame and damages, the rules are: If the damage is plainly evident - e.g., he injured the woman's face, her neck, her hands or her arms - a third is given to her, and two thirds are given to her husband. If the damages are in concealed places, a third is given to her husband, and two thirds are given to her.
The assessment for the husband should be given to him immediately. The assessment for the woman should be used to purchase land, from which the husband is entitled to the profits.
טו
החובל באשת איש השבת והריפוי לבעלה והצער שלה. והבושת והנזק אם בגלוי הוא כגון שחבל בפניה ובצוארה או בידיה וזרועותיה השליש שלה ושני שלישים לבעל. ואם בסתר הוא הנזק השליש לבעל ושני שלישים לאשה. של בעל נותנין לו מיד ושל אשה ילקח בהן קרקע והבעל אוכל פירות:
16
When does the above apply? When others injured her. When, however, a husband injures his wife, he is required to pay her the entire assessment for the damages, the embarrassment and the pain. This money is hers entirely. The husband has no rights to the profits. If she desires to give the money to another person, she may. This is the ruling rendered by the geonim. The husband must pay for her medical expenses, as he pays for all her other medical expenses.
טז
במה דברים אמורים כשחבלו בה אחרים [ב] אבל הבעל שחבל באשתו חייב לשלם לה מיד כל הנזק וכל הבושת והצער והכל שלה ואין לבעל בהן פירות ואם רצתה ליתן הדמים לאחר נותנת וכזה הורו הגאונים. והבעל מרפא אותה כדרך
17
When a person injures his wife through sexual intercourse, he is liable for the damages.
יז
והמזיק אשתו בתשמיש המטה חייב בנזקיה:
18
The following rules apply when a woman injures her husband. In a case where he had added an amount above the minimum to her marriage contract, if the husband desires, we require her to sell the right to this additional amount to her husband for the price she would receive for it, and her husband is entitled to collect the damages from these funds. If he desires, he may divorce her and collect the damages from the entire sum of the money due her by virtue of her ketubah.
If he had not added an amount above the minimum to her marriage contract, she may not sell him the rights to the money due her by virtue of her ketubah itself, for it is forbidden for a person to remain married to a woman for one moment without a marriage contract. Thus, if the husband desires, he may have a promissory note written obligating her to pay for the damages, or he may divorce her and collect the amount due him from the money due her by virtue of her ketubah.
יח
האשה שחבלה בבעלה אם היה תוספת בכתובתה מחייבין אותה למכור התוספת לבעלה בטובת הנאה וגובה ממנה אם רצה הבעל. ואם רצה לגרשה ולגבות מן הכל גובה. ואם לא היה לה תוספת אינה יכולה למכור לו עיקר כתובתה. שאסור לו לאדם לשהות את אשתו שעה אחת בלא כתובה כדי שלא תהא קלה בעיניו להוציאה. אלא אם רצה הבעל כותב עליה שטר בדמי חבלו או מגרשה ונוטל מכתובתה הראוי לו:
19
The following rules apply when a person injures his sons who have attained majority. If they are not dependent on him for their livelihood, he must pay them the damages immediately. If they are below the age of majority, he should purchase land for them with the money due them for the damages,and they are entitled to the benefits. The same rules apply if they are injured by others.
If a father injures sons who are dependent on him for their livelihood, he is not liable. This applies whether or not they are above majority. If others injure them, the person who causes the injury must compensate them immediately if they are above majority. If they are below majority, the damages should be used to purchase landed property. They are entitled to its profits until they reach majority at which time the property becomes theirs without limitation.
יט
החובל בבניו הגדולים אם אין סומכין על שלחנו נותן להם מיד. והקטנים ילקח בהן קרקע בנזקן והן אוכלין פירותיו וכן הדין באחרים שחבלו בהן. ואם היו סמוכין על שלחנו וחבל בהן פטור בין שהיו גדולים בין שהיו קטנים. ואם חבלו בהן אחרים בגדולים יתן להם מיד ובקטנים ילקח בהן קרקע והן אוכלין פירותיה
20
An encounter with a deaf mute, a mentally incompetent individual or a minor is undesirable. For if a person injures them, he is liable, but if they injure another person, they are not.
Even if the deaf mute gains the ability to speak and hear, the mentally incompetent person attains competency, and the minor comes of age, they are not obligated to pay for injuries they caused previously. For at the time they caused the injuries, they were not fully mentally competent.
כ
חרש שוטה וקטן פגיעתן רעה החובל בהן חייב והן שחבלו באחרים פטורין. אע"פ שנתפתח החרש ונשתפה השוטה והגדיל הקטן אינם חייבין לשלם שבשעה שחבלו בהן לא היו בני דעת:
21
An encounter with a servant or a married woman is undesirable. For if a person injures them, he is liable, but if they injure another person, they are not liable to pay immediately.
They must, however, pay afterwards - i.e., if the woman is divorced or if her husband dies and if the servant is freed. They are held responsible because they are mentally competent. They are considered as a creditor who has no resources with which to pay, and who is thus held liable with regard to damages if he becomes wealthy.
כא
העבד והאשה פגיעתן רעה החובל בהן חייב והן שחבלו באחרים פטורין. אבל משלמין לאחר זמן אם נתגרשה האשה או מת בעלה או נשתחרר העבד. שהרי בני דעה הן והרי הן כבעל חוב שאין לו מה יגבה שאם העשיר חייב לשלם:
22
A servant belonging to a man is considered as his own person, and an animal as one of his possessions.
What is implied? If a person places a burning coal on the heart of a servant belonging to a colleague and causes him to die, or if he pushes him into the sea or into a fire from which the servant could ascend, but the servant fails to do so and died instead, the person who caused his death is not obligated to pay financial compensation. If, however, he does this to an animal belonging to a colleague, it would be considered as if he had placed a coal on a garment and burned it, in which case he would be liable for damages. Similar laws apply in all analogous situations.
כב
עבדו של אדם כגופו ובהמתו כממונו. כיצד הרי
• Issurei Biah - Chapter Twelve
1
When a Jew engages in relations with a woman from other nations, [taking her] as his wife or a Jewess engages in relations with a non-Jew as his wife, they are punished by lashes, according to Scriptural Law.1 As [Deuteronomy 7:3] states: "You shall not intermarry with them. Do not give your daughter to his son, and do not take his daughter for your son."
This prohibition applies equally to [individuals from] the seven [Canaanite] nations and all other gentiles.2 This was explicitly stated in Ezra3 [Nechemiah 10:31]: "That we will not give our daughters to the gentiles in the land and that we will not take their daughters for our sons."
א
ישראל שבעל עכו"ם משאר האומות דרך אישות או ישראלית שנבעלה לעכו"ם דרך אישות הרי אלו לוקין מן התורה שנאמר לא תתחתן בם בתך לא תתן לבנו ובתו לא תקח לבנך אחד שבעה עממין ואחד כל אומות באיסור זה וכן מפורש על ידי עזרא ואשר לא נתן בנותינו לעמי הארץ ואת בנותיהם לא נקח לבנינו:
2
The Scriptural prohibition applies only to marital relations.4When, by contrast, one engages in relations with a gentile woman with a licentious intent, he is given "stripes for rebellious conduct" according to Rabbinic Law. [This is a] decree, lest this lead to marriage.
If [a Jew] designates [a gentile woman] for licentious relations, he is liable for relations with a niddah, a maid-servant, a gentile woman, and a licentious woman.5 If he did not designate her for himself, but instead, [engage in relations with her] spontaneously, he is only liable for relations with a gentile woman. All of these liabilities are Rabbinic in origin.6
ב
ולא אסרה תורה אלא דרך חתנות אבל הבא על הכותית דרך זנות מכין אותו מכת מרדות מד"ס גזירה שמא יבא להתחתן ואם ייחדה לו בזנות חייב עליה משום נדה ומשום שפחה ומשום כותית ומשום זונה ואם לא ייחדה לו אלא נקראת מקרה אינו חייב אלא משום כותית וכל חיובין אלו מדבריהן:
3
When does the above apply? When the man who engaged in relations was an Israelite. If, however, a priest engages in relations with a gentile woman, he is liable for lashes according to Scriptural Law, because of the prohibition against relations with a zonah.7 [This prohibition applies] both to a non-Jewish zonah and a Jewish one. He receives lashes for relations alone, for he cannot consecrate her.8
ג
במה דברים אמורים כשהיה הבועל ישראל אבל כהן הבא על הכותית לוקה מן התורה משום זונה ואחד זונה כותית ואחד זונה ישראלית ובבעילה בלבד לוקה שהרי אינה בת קידושין:
4
Whenever a man has relations with a gentile woman in public, i.e., the relations are carried out in the presence of ten or more Jews, if a zealous person strikes him and kills him, he is considered praiseworthy and ardent.9 [This applies whether the relations were] in the context of marriage or licentious in nature. This matter is a halachah conveyed to Moshe at Sinai.10 Support for this can be derived from Pinchas' slaying of Zimri.11
ד
כל הבועל כותית בין דרך חתנות בין דרך זנות אם בעלה בפרהסיא והוא שיבעול לעיני עשרה מישראל או יתר אם פגעו בו קנאין והרגוהו הרי אלו משובחין וזריזין ודבר זה הל"מ הוא ראיה לדבר זה מעשה פנחס בזמרי:
5
The zealous person can strike [the fornicators] only at the time of relations, as was the case with regard to Zimri, as [Numbers 25:8] states: "[He pierced]ו the woman into her stomach."12 If, however, [the transgressor] withdraws,13he should not be slain. Indeed, if [the zealous person] slays him, he may be executed [as a murderer].14
If the zealous person comes to ask permission from the court to slay him, they do not instruct him [to],15 even if this takes place at the time [of relations]. Not only that, if the zealous person comes to kill the transgressor and he withdraws and kills the zealous person in order to save himself, the transgressor is not executed for killing him.16
When a Jew has relations with the daughter of a resident alien,17the zealous may not strike him. [The transgressor] should, however, be given stripes for rebellious conduct.
ה
ואין הקנאי רשאי לפגוע בהן אלא בשעת מעשה כזמרי שנאמר ואת האשה אל קבתה אבל אם פירש אין הורגין אותו ואם הרגו נהרג עליו ואם בא הקנאי ליטול רשות מב"ד להרגו אין מורין לו ואף על פי שהוא בשעת מעשה ולא עוד אלא אם בא הקנאי להרוג את הבועל ונשמט הבועל והרג הקנאי כדי להציל עצמו מידו אין הבועל נהרג עליו והבא על בת גר תושב אין הקנאין פוגעים בו אבל מכין אותו מכת מרדות:
6
If the zealous did not strike him, nor did he receive stripes from the court,18 his punishment is explicitly stated in the words of the prophetic tradition. He is liable for kerat,19 as [Malachi 2:11-12] states: "Judah desecrated that which is sacred to God, [by] loving and engaging in relations with the daughter of a foreign god. May God cut off from a man who does this any progeny and descendant." [Implied is]20 that if he is an Israelite, he will not have progeny among the wise who will raise issues, nor a descendant among the scholars who will respond. If he is a priest, he will not have [a descendant] who "presents an offering to the Lord of Hosts." Thus you have learned that a person who shares intimacy with a gentile woman is considered as if he married a false deity, as the verse states: "engaging in relations with the daughter of a foreign god." And he is called one who "desecrated that which is sacred to God."
ו
לא פגעו בו קנאים ולא הלקוהו ב"ד הרי עונשו מפורש בדברי קבלה שהוא בכרת שנאמר כי חלל יהודה קדש י"י אשר אהב ובעל בת אל נכר יכרת י"י לאיש אשר יעשנה ער ועונה אם ישראל הוא לא יהיה לו ער בחכמים ולא עונה בתלמידים ואם כהן הוא לא יהיה לו מגיש מנחה לי"י צבאות הנה למדת שהבועל כותית כאילו נתחתן לעכו"ם שנאמר ובעל בת אל נכר ונקרא מחלל קדש ה':
7
Although this transgression is not punishable by execution by the court, it should not be regarded lightly, for it leads to a detriment that has no parallel among all the other forbidden sexual relations. For a child conceived from any other forbidden sexual union, is [the father's] son with regard to all matters and is considered a member of the Jewish people, even if he is a mamzer.21A son conceived by a gentile woman, by contrast, is not considered his son. [This is derived from Deuteronomy 7:4:] "For he shall sway your son away from following Me." She turns him away from being one of those who follow God.
ז
עון זה אע"פ שאין בו מיתת ב"ד אל יהי קל בעיניך אלא יש בו הפסד שאין בכל העריות כמותו שהבן מן הערוה בנו הוא לכל דבר ובכלל ישראל נחשב אף על פי שהוא ממזר והבן מן הכותית אינו בנו שנאמר כי יסיר את בנך מאחרי מסיר אותו מלהיות אחרי י"י:
8
This matter causes one to cling to the gentile nations from whom the Holy One, blessed be He, has separated us, and to turn away from following God and to betray Him.
ח
ודבר זה גורם להדבק בעכו"ם שהבדילנו הקדוש ברוך הוא מהם ולשוב מאחרי י"י ולמעול בו:
9
When a gentile engages in relations with a Jewish woman, if she is married, he should be executed.22 If she is single, he is not executed.
ט
עכו"ם הבא על בת ישראל אם אשת איש היא נהרג עליה ואם פנויה היא אינו נהרג:
10
If, by contrast, a Jewish male enters into relations with a gentile woman, when he does so intentionally, she should be executed.23 She is executed because she caused a Jew to be involved in an unseemly transgression, as [is the law with regard to] an animal.24 [This applies regardless of] whether the gentile women was a minor of three years of age,25 or an adult, whether she was single or married. And it applies even if [the Jew] was a minor of nine years old, [she is executed].26
This [punishment] is explicitly mentioned in the Torah, as [Numbers 31:16-17] states: "Behold they were [involved] with the children of Israel according to the advice of Balaamו.27 Execute any woman fit to know a man through lying with a male."
י
אבל ישראל הבא על הכותית בין קטנה בת שלש שנים ויום אחד בין גדולה בין פנויה בין אשת איש ואפילו היה קטן בן ט' שנים ויום אחד כיון שבא על הכותית בזדון ה"ז נהרגת מפני שבא לישראל תקלה על ידיה כבהמה ודבר זה מפורש בתורה שנאמר הן הנה היו לבני ישראל בדבר בלעם וכל אשה יודעת איש למשכב זכר הרוגו:
11
Servants that have been immersed for the sake of servitude and accepted the mitzvot in which servants are obligated,28 have departed from the category of gentiles, but have yet to enter the category of Jews. For this reason, a maidservant is forbidden29 to a free Jew. [This applies to] both one's own maid-servant and a maid-servant belonging to a colleague.
When a person enters into relations with a maid-servant, he should be given stripes for rebellious conduct as prescribed by the Rabbis.30 [It is obvious that a Scriptural prohibition is not involved,] for it is explicitly stated in the Torah that a master may give a Hebrew servant a Canaanite maid-servant31 [for the sake of relations]32 and that she is permitted to him, as [Exodus 21:4] states: "If his master will give him a wife."
יא
העבדים שהטבילו אותם לשם עבדות וקבלו עליהם מצות שהעבדים חייבים בהם יצאו מכלל העכו"ם ולכלל ישראל לא באו לפיכך השפחה אסורה לבן חורין אחד שפחתו ואחד שפחת חבירו והבא על השפחה מכין אותו מכת מרדות מדברי סופרים שהרי מפורש בתורה שהאדון נותן שפחה כנענית לעבדו העברי והיא מותרת לו שנאמר אם אדוניו יתן לו אשה:
12
יב
ולא גזרו חכמים בדבר זה ולא חייבה תורה מלקות בשפחה אא"כ היתה נחרפת לאיש כמו שביארנו:
13
This transgression should not be light in one's eyes, because it does not involve lashes according to Scriptural Law. For this [act] also causes the son to be turned away from following God. For a son born of a maid-servant is a servant and is not a [full] member of Israel. Thus he causes [Israel's] holy seed to be profaned and produce servants. Behold Onkelos the translator35included relations with a servant and a maid-servant in [the prohibitions, Deuteronomy 23:18]: "There shall not be a promiscuous manו and there shall not be a promiscuous woman."36
יג
אל יהי עון זה קל בעיניך מפני שאין בו מלקות מן התורה שגם זה גורם לבן לסור מאחרי י"י שהבן מן השפחה הוא עבד ואינו מישראל ונמצא גורם לזרע הקדש להתחלל ולהיותם עבדים הרי אונקלוס המתרגם כלל בעילת עבד ושפחה בכלל לא יהיה קדש ולא תהיה קדשה:
14
When a person engages in relations with a maid-servant, even in public, a zealous person may not strike him, not even at the time of the transgression.37Similarly, if one marries a maid-servant,38 he does not receive lashes according to Scriptural Law. For from the time she immersed and accepted the mitzvot, she departed from the category of gentiles.
יד
הבא על שפחה ואפילו בפרהסיא ובשעת עבירה אין הקנאין פוגעין בו וכן אם לקח שפחה דרך חתנות אינו לוקה מן התורה שמעת שטבלה וקבלה מצות יצתה מכלל העכו"ם:
15
If [the identity of] a Jewish child becomes confused with that of the child of a maid-servant, the status of both [children] is doubtful.39 Each of them is considered as possibly a servant. [Hence] we compel the owner of the maid-servant to free them both.40 If [the owner died and] the son [whose identity was confused] is the [only] son of the servant's master, when they come of age, they should free each other.41 Then they will be permitted to marry within the Jewish people.
טו
נתערב ולד ישראלית בולד שפחה הרי שניהן ספק וכל אחד מהן ספק עבד וכופין בעל השפחה ומשחרר את שניהם ואם היה הבן ההוא (בן) האדון של עבד כשיגדלו ישחררו זה את זה ויהיו מותרין לבא בקהל:
16
If the children whose identities were confused were female, they are both considered as possibly a maid-servant. If a person enters into relations with either of them, the offspring is considered as a servant because of the doubt.42
Similarly, if the identity of a gentile child becomes confused with that of a Jewish child, we immerse both of them as converts and they are both considered as possibly a convert.43
טז
היו התערובות בנות הרי שתיהן ספק שפחות והבא על כל אחת מהן הולד ספק עבד וכן אם נתערב ולד עכו"ם בולד ישראלית מטבילים את שניהן לשם גירות וכל אחת מהן ספק גיורת:
17
Whenever any of the gentiles convert and accept all of the mitzvot in the Torah44 or a servant is freed,45 they are considered as Jews with regard to all matters,46 as [Numbers 15:15] states: "For the community: there will be one law [for you and the convert]." A convert may marry within the Jewish community immediately, i.e., a male convert or freed servant may marry a native-born Jewess and an Israelite47 may marry a female convert or a freed maid-servant.
There are four nations from which [converts] are exceptions: Ammon, Moab, Egypt, and Edom. When a person from one of these nations converts, he is like an Israelite with regard to all matters with the exception of marriage within the Jewish community.
יז
כל העכו"ם כולם כשיתגיירו ויקבלו עליהן כל המצות שבתורה והעבדים כשישתחררו הרי הן כישראל לכל דבר שנאמר הקהל חוקה אחת יהיה לכם ומותרין להכנס בקהל י"י מיד והוא שישא הגר או המשוחרר בת ישראל וישא הישראלי גיורת ומשוחררת חוץ מד' עממין בלבד והם עמון ומואב ומצרים ואדום שהאומות האלו כשיתגייר אחד מהן הרי הוא כישראל לכל דבר אלא לענין ביאה בקהל:
18
What are the laws that apply to them [in that context]? It is forbidden to marry an Ammonite and a Moabite forever. This applies to the males and not the females,48 as [Deuteronomy 23:4] states: "An Ammonite and a Moabite shall not enter the congregation of God." It is a halachah transmitted to Moses at Sinai that it is a male Ammonite and a male Moabite who are forbidden to marry a native-born Israelite forever,49 [including] even their son's grandson forever. An Ammonite woman and a Moabite woman are, by contrast, permitted immediately50 as are [converts] from other nations.
יח
וכיצד דינן עמון ומואב איסורין איסור עולם זכרים ולא נקבות שנאמר לא יבוא עמוני ומואבי בקהל י"י וגו' הל"מ שהעמוני הזכר והמואבי הזכר הוא שאסור לעולם לישא בת ישראל אפילו בן בנו עד סוף העולם אבל עמונית ומואבית מותרת מיד כשאר האומות:
19
An Egyptian and an Edomite convert - both a male and a female - are forbidden to marry among the Jewish people for the first and second generations. The third generation, however, is permitted, as [ibid.:9] states: "Children who are born to them [may enter the congregation of God in the third generation]."
יט
מצרי ואדומי אחד זכרים ואחד נקבות דור ראשון ודור שני אסורין לבא בישראל ודור שלישי מותר שנאמר בנים אשר יולדו להם וגו':
20
When a female Egyptian converts while she is pregnant, her son is considered a second [generation Egyptian convert]. When a second [generation] Egyptian male [convert] marries a first [generation] Egyptian female [convert] or a first [generation] Egyptian male [convert] marries a second [generation] Egyptian female [convert], the child is considered a second generation [convert].51 [This is derived from the phrase]: "Children who are born to them."52 The verse made the matter dependent on birth.
כ
מצרית מעוברת שנתגיירה בנה שני מצרי שני שנשא מצרית ראשונה או מצרי ראשון שנשא מצרית שנייה הולד שני שנאמר בנים אשר יולדו להם הכתוב תלאן בלידה:
21
When a male Ammonite convert marries a female Egyptian,53 the offspring are considered as Ammonites.54When a male Egyptian convert marries a female Ammonite, the offspring are considered as Egyptians.55 This is the general principle: Among gentiles, the identity [of the offspring] is determined by the male. Once they convert, [the offspring] is given the identity that is of the lowest status.
כא
גר עמוני שנשא מצרית הולד עמוני גר מצרי שנשא עמונית הולד מצרי זה הכלל באומות הלך אחר הזכר נתגיירו הלך אחר הפחות:
22
A person from the seven [Canaanite] nations who converts is not forbidden to marry among the Jewish people according to Scriptural Law.56 It is known that of them, only the Gibeonites converted.57 Joshua decreed that they be forbidden to marry among the Jewish people,58 both males and females.
He instituted this prohibition only during the time a Sanctuary is standing, as [Joshua 9:23] states: "[You shall be] wood-choppers and water-drawers for the house of my God." He made their ban dependent on the Sanctuary.
כב
מי שנתגייר משבעה עממין אינן אסורין מן התורה לבוא בקהל והדבר ידוע שלא נתגיירו מהן אלא הגבעונים ויהושע גזר עליהם שיהיו אסורים לבא בקהל אחד זכרים ואחד נקבות ולא אסר אותם אלא בזמן שיש מקדש שנאמר וחוטבי עצים ושואבי מים לבית אלהי תלה הרחקתם במקדש:
23
They are called Netinim, "the designated ones," for they were designated for the service in the Sanctuary. David came and decreed that they should never be allowed to marry among the Jewish people, even at a time when the Sanctuary is no longer standing. This is explicitly stated in Ezra [8:20]: "From the Netinim whom David and the officers designated for the service of the Levites." From this, we see that he did not make the matter dependent on the Sanctuary.59
כג
והם הנקראים נתינים לפי שנתנם לעבודת המקדש בא דוד וגזר עליהם שלא יכנסו בקהל לעולם ואפילו בזמן שאין מקדש וכן מפורש בעזרא ומן הנתינים שנתן דוד והשרים לעבודת הלוים הא למדת שלא תלה אותם במקדש:
24
Why did David and his court pass this decree against them? Because he saw that they were characterized by brazenness and cruelty. For they asked to kill and hang the seven sons of Saul, God's chosen one,60 and they did not have mercy upon them.
כד
ולמה גזר עליהם הוא ובית דינו לפי שראה עזות ואכזריות שהיתה בהם בעת שבקשו שבעת בני שאול בחיר ה' לתלותם והרגום ולא רחמו עליהם:
25
When Sannecherib, King of Assyria, arose, he confused the identity of all the nations, mixing them together, and exiling them from their place.61 The Egyptians that live in the land of Egypt at present are of other nationalities. This also applies with regard to the Edomites in the field of Edom.
Since these four forbidden nations became intermingled with all the nations of the world [with] whom it is permitted [to marry once they convert], all [converts] are permitted. For when anyone of them separates himself [from them by] converting, we operate under the presumption that he became separate from the majority.62Therefore in the present age, in all places, whenever a convert converts, whether he be an Edomite, an Egyptian, an Ammonite, a Moabite, a Kushite, or from any of the other nations, whether male or female, he or she is permitted to marry among the Jewish people immediately.63
כה
כשעלה סנחריב מלך אשור בלבל כל האומות ועירבם זה בזה והגלה אותם ממקומם ואלו המצרים שבארץ מצרים עתה אנשים אחרים הם וכן האדומים שבשדה אדום והואיל ונתערבו ד' אומות האסורים בכל אומות העולם שהן מותרים הותר הכל שכל הפורש מהן להתגייר חזקתו שפירש מן הרוב לפיכך כשיתגייר הגר בזמן הזה בכ"מ בין אדומי בין מצרי בין עמוני בין מואבי בין כושי בין שאר האומות אחד הזכרים ואחד הנקבות מותרין לבא בקהל מיד:
FOOTNOTES
1.
Licentious relations with a gentile man or woman are not included in the scope of this Scriptural prohibition, as stated in the following halachah.
2.
Although the verse the Rambam cites as a prooftext refers to the seven Canaanite nations, all other gentiles are also included as reflected by the verse from Nechemiah.
The Tur (Even HaEzer 16) differs with the Rambam, explaining that the verse should be understood within its limited context, referring only to the seven nations. (The Rambam's opinion has a source in the Sheiltot D'Rabbenu Achai Gaon, while that of the Tur is found in the Sefer Mitzvot Gadol) The crux of the difference is the exegesis of the continuation of the verse cited by the Rambam: "For he shall sway your son away." Kiddushin 68b quotes Rabbi Shimon as focusing on the motivating rationale for the verse and thus including all those who might sway a person's heart. Thus it refers to all gentiles. The Sages, however, do not accept this perspective.
3.
Although the verse is contained in the Book of Nechemiah, the Rambam considers Ezra and Nechemiah as one book. See Hilchot Sefer Torah 7:15. Similarly, Sanhedrin 93b states that none of the books of the Tanach are named after Nechemiah.
The verse cited by the Rambam is part of the oath taken by the people to remain true to their faith upon their return to Zion. At that time, the gentiles living in the land were not Canaanites.
4.
The Tur, loc. cit., differs with the Rambam concerning this point as well, stating that there is no concept of marriage between a Jew and non-Jew.
5.
This was a decree passed by the court of the Hasmoneans when they saw that the Jews were sharing intimacy with Greek women (Avodah Zarah 36b). The transgressor is given stripes several times, once for each of the Rabbinic prohibitions he ignored.
6.
According to Scriptural Law, if a Jew engages in relations with a gentile woman in public "the zealous may strike him," as stated in Halachah 4. The Hasmoneon's decree, however, applies even when relations were carried out in private.
7.
The term zonah is generally translated as "prostitute." It has, however, a precise halachic definition, as stated in Chapter 18, Halachah 1.
8.
Note the contrast to the laws applying to a Jewish zonah, as mentioned in Chapter 17, Halachah 2.
9.
The Ra'avad rules that the zealous person must warn the transgressor before striking him. The Maggid Mishneh states that the concept of a warning is relevant only with regard to execution by the court and not to the independent actions taken by a zealous person. The Rama (Choshen Mishpat 425:4) quotes the Ra'avad's view.
10.
I.e., a law which is not commanded by the Written Torah, yet communicated by the Oral Tradition.
11.
As Numbers, ch. 25 relates, the Jews began worshiping idols, because they were lured to by Midianite women. Enraged Moses commanded that the worshipers be executed. Zimri, the prince of the tribe of Shimon, took a Midianite woman and confronted Moses, engaging in relations before him. When Pinchas saw this, he slew Zimri, giving expression to the law mentioned by the Rambam.
12.
Our Sages relate that Pinchas' javelin went through Zimri's back and into her gut, killing them both in the midst of relations.
13.
Even if he transgressed already.
14.
Needless to say, a warning must be given and two acceptable witnesses must observe the slaying.
15.
The initiative to slay the transgressor must be totally that of the zealous person. For the court has no obligation - and there no license - to exact such punishment.
16.
For the zealous person is considered as a rodef, pursuer, whom the intended victim has the right to slay, as stated in Hilchot Rotzeach, ch. 1.
17.
As explained in Chapter 14, Halachah 7, this refers to a non-Jew who accepted the seven universal laws commanded to Noah and his descendants. In his Commentary to the Mishnah (Sanhedrin 9:6), the Rambam states that the woman herself - not only her father - must not be an idolater.
18.
The Maggid Mishneh writes that if he was given "stripes for rebellious conduct" by the court, he is no longer liable for kereit. Our Sages (Makkot 23b) state a similar concept with regard to a person who receives lashes for the violation of a Scriptural prohibition. The Rambam extends the idea to include a person who is punished on the basis of Rabbinic decree.
19.
This applies even if relations are conducted in private.
20.
As interpreted by Yevamot 22b, 23a.
21.
Indeed, Horiot 13a states that a mamzer who is a scholar receives precedence over a High Priest who is unlearned.
22.
For the gentiles are prohibited against adultery.
23.
Note the gloss of the Maggid Mishneh who questions the source for the Rambam's ruling, arguing that the passage from Numbers cannot be interpreted as definitive proof.
24.
See Chapter 1, Halachot 16-18.
25.
If, however, she is younger than three, the relations are not considered significant.
26.
From that age onward, sexual relations in which he engages are significant, as stated in Chapter 1, Halachah 13.
27.
Who advised the Midianites and the Moabites to have their women seduce Jewish men to provoke God's wrath.
28.
See Chapter 14, Halachah 9.
29.
I.e., the prohibition is Rabbinic in origin, as indicated by the conclusion of this halachah and the following halachot.
30.
And not lashes, as is the punishment for the violation of a Scriptural commandment.
31.
Were there to be a Scriptural prohibition involved, it would not be relaxed in the case of a servant.
32.
So that the offspring will be the master's.
33.
Forbidding such relations to a Hebrew servant (Ma'aseh Rokeach).
34.
Chapter 3, Halachah 13.
35.
Who composed the standard Aramaic translation of the Torah.
36.
The Rambam does not fully accept the view of Onkelos. For Onkelos defines the scope of the Biblical prohibition as including these relations and the Rambam does not, as evident from the fact that the Rambam does not considered these relations as punishable by lashes. (The Rambam also has a different conception of the prohibition of relations with "a promiscuous woman"; see Hilchot Ishut 1:4.) Nevertheless, the Rambam uses the view of Onkelos as support for his condemnation of this act (Mayim Chayim; see also Beit Shmuel 16:6).
37.
In contrast to relations with a gentile woman (Halachah 4).
38.
In contrast to marriage to a gentile woman (Halachah 1).
39.
When explaining this possibility the Talmud gives the example of women who gave birth together in a cave. Today, unfortunately, such confusion has happened in hospitals.
40.
Otherwise, because of the doubt, neither of the children would be able to marry. They could not marry a Jewess, for perhaps they were servants, nor a maid-servant, for perhaps they were Jews (compare to Hilchot Avadim 7:7).
41.
Since we do not know which is the servant and which is the master, they must both free each other. And thus the servant will certainly have been freed by the master.
Before they reach adulthood, however, it is impossible for one to free the other, because a minor may not free a servant.
42.
In this instance, the Rambam does not say that the owner must free the offspring, because there is no obligation for a woman to marry and bear children. Compare to Hilchot Avadim, loc. cit.; see Maggid Mishneh, Beit Shmuel 16:7. The master may not, however, compel either of them to work. For they both can require him to prove his claims.
43.
Thus they are forbidden to marry a priest, as stated in Chapter 18, Halachah 3 (Maggid Mishneh).
44.
As described in Chapter 13.
45.
At which time his conversion process is completed.
46.
I.e., there is no difference between a convert and a native Israelite with regard to any matter of Jewish observance.
47.
But not a priest (Maaseh Rokeach).
48.
The rationale for this leniency is explained as follows. The Torah explains the reason for this prohibition: "Because of the fact that they did not greet you with bread and water on the way." Now it is not appropriate for women to greet travelers with food. Hence, since the sin does not apply with regard to women - the consequence of it - the prohibition against marrying into the Jewish people also does not apply with regard to them.
49.
They may, however, marry women who converted to Judaism or freed maid-servants. Shaar HaMelech also states that these individuals may even marry maid-servants who were not yet freed.
50.
Indeed, Ruth the maternal ancestor of King David - and ultimately of Mashiach - was a female Moabite convert. Initially, and indeed for several generations, there were questions whether she and her descendants were allowed to marry within the Jewish. Ultimately, however, the ruling stated by the Rambam was accepted throughout the Jewish community. See Yevamot 76b.
51.
Rashi differs and maintains that the child's status depends on that of its mother. Thus if the mother is a second generation Egyptian convert, the child is a third generation convert and is permitted. The Shulchan Aruch (Even HaEzer 4:4) quotes both views.
52.
The Maggid Mishneh explains that the intent is that everyone knows that birth involves both a man and a woman. Hence the child must be the third generation from both of the male and the female.
53.
Who has converted.
54.
The Maggid Mishneh refers to Yevamot 78b and maintains that this ruling applies only when the offspring are male. If they are female, they are not considered as Ammonites (and hence, permitted). Instead, they are considered as Egyptian and forbidden for three generations, i.e., we follow the greater blemish. This view is quoted by the Shulchan Aruch (Even HaEzer 4:7).
55.
This also can be considered as applying only when the offspring are male. If they are female, some opinions considered them as permitted (as a female Ammonite) and others as Egyptian [Rama (Even HaEzer, loc. cit.)].
56.
This ruling depends on the Rambam's interpretation of the prohibition: "You shall not intermarry with them" mentioned at the beginning of the chapter. As explained, according to the Rambam, the verse applies to all gentiles, not only Canaanites, and only before they convert. Once they convert, all gentiles - except the four nations mentioned in the previous halachot - may marry freely among the Jewish people.
The other authorities, by contrast, maintain that the prohibition applies to the Canaanite nations alone and after conversion. Otherwise, they maintain, it is unnecessary, for there is no concept of marriage between a Jew and a non-Jew.
57.
Note Joshua, ch. 9, which relates how the Gibeonites deceived the Jewish people and established a covenant with them.
58.
Because of the deception they perpetrated.
59.
For the narrative in Ezra speaks of a time when the Temple had already been destroyed.
60.
As related in II Samuel, ch. 21, there was a famine for three years in Eretz Yisrael. Through prophetic vision, David learned that the reason for the famine was Saul's oppression of the Gibeonites (exactly what Saul did to oppress them is a matter of discussion among the Rabbis). David asked the Gibeonites what they desired to be appeased for this oppression. They answered that they wanted to slay seven of his descendants. David handed over seven of Saul's descendants to them and they hung them and left their corpses on the gallows. For this act of cruelty, David decreed that they should never marry among the Jewish people. For Israel should be characterized by kindness and mercy. See Chapter 19, Halachah 17, which further develops this theme.
61.
I.e., in order to thwart the possibility of local peoples organizing rebellions against him, Sannecherib destroyed the national identity of people by exiling them from their native lands and forcing them to intermingle with other peoples.
62.
This principle applies in many instances when forbidden and permitted substances or individuals become mixed together. See for example, Yoma 84b, Zevachim 73a,b.
63.
The Shulchan Aruch (Even HaEzer 4:10) quotes this ruling, but states that according to the opinion of Rabbenu Asher, Sannecherib did not succeed in erasing the identity of the Egyptians and the prohibition against marrying their converts still applies.
Issurei Biah - Chapter Thirteen
1
Israel entered the covenant [with God]1 with three acts: circumcision, immersion, and offering a sacrifice.
א
בשלשה דברים נכנסו ישראל לברית במילה וטבילה וקרבן:
2
Circumcision took place in Egypt, [before the Paschal sacrifice, of which Exodus 12:48] says: "No uncircumcised person shall partake of it." Moses our teacher circumcised [the people]. For with the exception of the tribe of Levi, the entire [people] neglected the covenant of circumcision in Egypt.2Regarding this, [Deuteronomy 33:9 praises the Levites,] saying: "They upheld Your covenant."
ב
מילה היתה במצרים שנאמר וכל ערל לא יאכל בו מל אותם משה רבינו שכולם ביטלו ברית מילה במצרים חוץ משבט לוי ועל זה נאמר ובריתך ינצורו:
3
Immersion was performed in the desert before the Giving of the Torah, as [Exodus 19:10] states: "Sanctify them today and tomorrow, and have them wash their garments." Sacrifices [were also offered then], as [ibid. 24:5] states: "And he sent out the youth of the children of Israel and they brought burnt offerings." They offered them as agents of the entire Jewish people.
ג
וטבילה היתה במדבר קודם מתן תורה שנאמר וקדשתם היום ומחר וכבסו שמלותם וקרבן שנאמר וישלח את נערי בני ישראל ויעלו עולות ע"י כל ישראל הקריבום:
4
Similarly, for [all] future generations, when a gentile desires to enter into the covenant, take shelter under the wings of the Divine presence, and accept the yoke of the Torah,3 he must undergo circumcision,4 immersion, and the offering of a sacrifice. A woman [who converts] must undergo immersion and bring a sacrifice, as [Numbers 15:15] states: "As it is for you, so shall it be for the convert." Just as you [entered the covenant] with circumcision, immersion, and the offering of a sacrifice; so, too, for future generations, a convert must undergo circumcision, immersion, and must bring a sacrifice.
ד
וכן לדורות כשירצה העכו"ם להכנס לברית ולהסתופף תחת כנפי השכינה ויקבל עליו עול תורה צריך מילה וטבילה והרצאת קרבן ואם נקבה היא טבילה וקרבן שנאמר ככם כגר מה אתם במילה וטבילה והרצאת קרבן אף הגר לדורות במילה וטבילה והרצאת קרבן:
5
What is the sacrifice that a convert [is required to bring]? A burnt offering of an animal or two turtle-doves or two fledging doves. Both of [the doves] must be brought as burnt offerings.5 In the present age, when there are no sacrifices,6 [a convert] must undergo circumcision and immersion.7 When the Temple is rebuilt, he must bring a sacrifice.8
ה
ומהו קרבן הגר עולת בהמה או שתי תורים או שני בני יונה ושניהם עולה ובזמן הזה שאין שם קרבן צריך מילה וטבילה וכשיבנה בית המקדש יביא קרבן:
6
When a convert is circumcised, but does not immerse himself, or immerses himself, but was not circumcised, he is not considered a convert until he perform both of these activities. He must immerse himself in the presence of three men.9 Since a court is required, he may not immerse on the Sabbath or on festivals, or during the night.10 If, however, they had him immerse [at night], he is a convert.11
ו
גר שמל ולא טבל או טבל ולא מל אינו גר עד שימול ויטבול וצריך לטבול בפני שלשה והואיל והדבר צריך ב"ד אין מטבילין אותו בשבת ולא בי"ט ולא בלילה ואם הטבילוהו ה"ז גר:
7
We immerse a minor who seeks to convert based upon the guidance of the court.12 For it is an advantage for a person [to convert].13 When a pregnant woman converts and immerses herself, her child does not require immersion.14
When [a convert] immerses himself alone and converts alone - or even if he does this in the presence of two persons15 - his conversion is not valid.16 If he comes and says: "I converted in the court of so-and-so and they had me immerse," his word is not accepted with regard to license to marry among the Jewish people17 unless he brings witnesses [who testify to the truth of his statements].
ז
גר קטן מטבילין אותו על דעת ב"ד שזכות היא לו מעוברת שנתגיירה וטבלה אין בנה צריך טבילה טבל בינו לבין עצמו ונתגייר בינו לבין עצמו ואפילו בפני שנים אינו גר בא ואמר נתגיירתי בבית דינו של פלוני והטבילוני אינו נאמן לבא בקהל עד שיביא עדים:
8
[The following rules apply if] he was married to a native-born Jewess or a convert and he already fathered children. If he says: "I converted alone," his word is accepted with regard to the disqualification of his self,18 but not with regard to the disqualification of his children.19 He must immerse himself again in the presence of a court.20
ח
היה נשוי לישראלית או לגיורת ויש לו בנים ואמר נתגיירתי ביני לבין עצמי נאמן לפסול את עצמו ואינו נאמן לפסול את הבנים וחוזר וטובל בבית דין:
9
[The following laws apply with regard to] a female convert who we see conduct herself according to the ways of Israel at all times, for example, she immerses herself after being a niddah,21she separates terumah from dough, or the like, and to a male convert who follows the paths of Israel, for example, he immerses himself after a seminal emission, and performs all the mitzvot. These are considered as righteous converts even though there are no witnesses to testify before whom they converted. Nevertheless, if they come to marry among the Jewish people, we do not allow them unless they bring witnesses or they immerse themselves in our presence. The rationale is that their identity was originally established as gentiles.
ט
גיורת שראינוה נוהגת בדרכי ישראל תמיד כגון שתטבול לנדתה ותפריש תרומה מעיסתה וכיוצא בזה וכן גר שנוהג בדרכי ישראל שטובל לקריו ועושה כל המצות הרי אלו בחזקת גרי צדק ואע"פ שאין שם עדים שמעידין לפני מי שנתגיירו ואף על פי כן אם באו להתערב בישראל אין משיאין אותם עד שיביאו עדים או עד שיטבלו בפנינו הואיל והוחזקו עכו"ם:
10
If, however, a person comes and says that he was a gentile, but that he was converted by a court, his word is accepted. [The rationale is that] the mouth that forbade him was the same that permitted him.22
When does the above apply? In Eretz Yisrael in the Talmudic era. For [at that time,] all the people there could be assumed to be Jewish. In the Diaspora, however, he must bring proof of his conversion.23 [Only] afterwards may he marry a Jewess. I say that this is an additional stringency adopted to protect the purity of our lineage.
י
אבל מי שבא ואמר שהיה עכו"ם ונתגייר בב"ד נאמן שהפה שאסר הוא הפה שהתיר במה דברים אמורים בארץ ישראל ובאותן הימים שחזקת הכל שם בחזקת ישראל אבל בחוצה לארץ צריך להביא ראיה ואח"כ ישא ישראלית ואני אומר שזו מעלה ביוחסין:
11
Just as we circumcise and immerse converts; so, too, we circumcise and immerse servants which are acquired from the gentiles for the sake of servitude.24
When a person acquires a servant from the gentiles and the gentile takes the initiative and immerses with the intent of becoming a free man, he acquires his own person,25 provided he says while immersing: "Behold I am immersing before you for the sake of conversion." If he immerses himself in the presence of his master, he does not have to make an explicit statement.26 Instead, since he immersed himself, he attains his freedom.27
For this reason, [when having the servant immerse,] the master must push him into the water28 until he arises at which time he is in his servitude. He must tell him that he is having him immerse for the sake of servitude in the presence of the judges. A servant must also immerse only in the presence of three judges and during the day as a convert, for it is a partial conversion.
יא
כשם שמלין ומטבילין את הגרים כך מלין ומטבילין את העבדים הנלקחים מן העכו"ם לשם עבדות הלוקח עבד מן העכו"ם וקדם העבד וטבל לשם בן חורין קנה עצמו והוא שיאמר בעת טבילה הריני טובל בפניכם לשם גירות ואם טבל בפני רבו אינו צריך לפרש אלא כיון שטבל נשתחרר לפיכך צריך רבו לתקפו במים עד שיעלה והוא תחת שיעבודו ומודיעו בפני הדיינין שלשם עבדות מטבילו ואין העבד טובל אלא בפני שלשה וביום כגר שמקצת גירות הוא:
12
When a servant is freed, he must immerse himself a second time29in the presence of three men during the day,30 for through this act, his conversion is completed and [his status] becomes that of a Jew. It is not necessary for him to accept the mitzvot and [for the judges] to inform him of the fundamentals of the faith, for they already informed him when he immersed himself for the sake of servitude.31
יב
כשישתחרר העבד צריך טבילה אחרת בפני שלשה ביום שבו תיגמר גירותו ויהיה כישראל ואין צריך לקבל עליו מצות ולהודיעו עיקרי הדת שכבר הודיעוהו כשטבל לשם עבדות:
13
Converts, servants, and freed servants must be immersed in a mikveh that is acceptable for a niddah to immerse in. All of the substances that [disqualify her immersion because] they intervene [between the water and her flesh] disqualify the immersions, of converts, servants, and freed servants.32
יג
ובמקוה הכשר לטבילת נדה שם מטבילין את הגרים ואת העבדים ואת המשוחררים וכל דבר שחוצץ בנדה חוצץ בגרים ובעבדים ובמשוחררים:
14
One should not think that Samson who saved the Jewish people, and Solomon King of Israel, who is called "the friend of God,"33 married gentile woman who did not convert. Instead, the matter can be explained as follows: The proper way of performing the mitzvah is when a male or a female prospective convert comes, we inspect his motives for conversion. Perhaps he is coming for the sake of financial gain, in order to receive a position of authority,34 or he desires to enter our faith because of fear. For a man, we check whether he focused his attention on a Jewish woman. For a woman, we check whether she focused her attention on a Jewish youth.
If we find no ulterior motive, we inform them of the heaviness of the yoke of the Torah and the difficulty the common people have in observing it so that they will abandon [their desire].35 If they accept [this introduction] and do not abandon their resolve and thus we see that they are motivated by love, we accept them, as [indicated by Ruth 1:18]: "And she saw that she was exerting herself to continue with her and she ceased speaking with her."36
יד
אל יעלה על דעתך ששמשון המושיע את ישראל או שלמה מלך ישראל שנקרא ידיד יי' נשאו נשים נכריות בגיותן אלא סוד הדבר כך הוא שהמצוה הנכונה כשיבא הגר או הגיורת להתגייר בודקין אחריו שמא בגלל ממון שיטול או בשביל שררה שיזכה לה או מפני הפחד בא להכנס לדת ואם איש הוא בודקין אחריו שמא עיניו נתן באשה יהודית ואם אשה היא בודקין שמא עיניה נתנה בבחור מבחורי ישראל אם לא נמצא להם עילה מודיעין אותן כובד עול התורה וטורח שיש בעשייתה על עמי הארצות כדי שיפרושו אם קבלו ולא פירשו וראו אותן שחזרו מאהבה מקבלים אותן שנאמר ותרא כי מתאמצת היא ללכת אתה ותחדל לדבר אליה:
15
For this reason,37 the court did not accept converts throughout the reign of David and Solomon. In David's time, [they feared] that they sought to convert because of fear and in Solomon's time, [they feared] that they were motivated by the sovereignty, prosperity, and eminence which Israel enjoyed. [They refrained from accepting such converts, because] a gentile who seeks to convert because of the vanities of this [material] world is not a righteous convert.
Nevertheless, there were many people who converted in the presence of ordinary people38 during the era of David and Solomon. The Supreme Sanhedrin would view them with skepticism. Since they immersed themselves, they would not reject them, but they would not draw them close until they saw what the outcome would be.39
טו
לפיכך לא קבלו בית דין גרים כל ימי דוד ושלמה בימי דוד שמא מן הפחד חזרו ובימי שלמה שמא בשביל המלכות והטובה והגדולה שהיו בה ישראל חזרו שכל החוזר מן העכו"ם בשביל דבר מהבלי העולם אינו מגירי הצדק ואעפ"כ היו גרים הרבה מתגיירים בימי דוד ושלמה בפני הדיוטות והיו ב"ד הגדול חוששין להם לא דוחין אותן אחר שטבלו מכ"מ ולא מקרבין אותן עד שתראה אחריתם:
16
Solomon converted women and married them and similarly, Samson converted [women] and married [them]. It is well known that they converted only because of an ulterior motive and that their conversion was not under the guidance of the court. Hence the Tanach40 considered it as if they were gentiles and remained forbidden. Moreover, their conduct ultimately revealed their initial intent. For they would worship their false deities and build platforms for them. Therefore the Scriptures considered it as if [Solomon] built them, as [I Kings 11:7] states: "And then, Solomon built a platform."
טז
ולפי שגייר שלמה נשים ונשאן וכן שמשון גייר ונשא והדבר ידוע שלא חזרו אלו אלא בשביל דבר ולא על פי ב"ד גיירום חשבן הכתוב כאילו הן עכו"ם ובאיסורן עומדין ועוד שהוכיח סופן על תחלתן שהן עובדות כו"ם שלהן ובנו להן במות והעלה עליו הכתוב כאילו הוא בנאן שנאמר אז יבנה שלמה במה:
17
When a court did not check a [potential] converts background and did not inform him of the mitzvot41 and the punishment for [the failure to observe] the mitzvot and he circumcised himself and immersed in the presence of three ordinary people, he is a convert. Even if it is discovered that he converted for an ulterior motive, since he circumcised himself and converted, he has departed from the category of gentiles and we view him with skepticism until his righteousness is revealed.
Even if afterwards, [the convert] worships false deities, he is like an apostate Jew. [If he] consecrates [a woman,] the consecration is valid,42 and it is a mitzvah to return his lost object.43 For since he immersed himself he became a Jew. For this reason,44Samson and Solomon maintained their wives even though their inner feelings45were revealed.
יז
גר שלא בדקו אחריו או שלא הודיעוהו המצות ועונשן ומל וטבל בפני ג' הדיוטות ה"ז גר אפילו נודע שבשביל דבר הוא מתגייר הואיל ומל וטבל יצא מכלל העכו"ם וחוששין לו עד שיתבאר צדקותו ואפילו חזר ועבד כו"ם הרי הוא כישראל מומר שקידושיו קידושין ומצוה להחזיר אבידתו מאחר שטבל נעשה כישראל ולפיכך קיימו שמשון ושלמה נשותיהן ואע"פ שנגלה סודן:
18
For this reason, our Sages said:46 "Converts are as difficult for the Jewish people to bear as a leprous blemish." For most converts revert for some reason or other and cause Jews to stray. It is difficult to separate from them once they have converted. Look at what happened in the desert at the worship of the Golden Calf and Kivrot HaTa'avah.47 Similarly, most of [the complaints in the instances when] our people tried God were instigated by the mixed multitude.
יח
ומפני זה אמרו חכמים קשים להם גרים לישראל כנגע צרעת שרובן חוזרין בשביל דבר ומטעין את ישראל וקשה הדבר לפרוש מהם אחר שנתגיירו צא ולמד מה אירע במדבר במעשה העגל ובקברות התאוה וכן רוב הנסיונות האספסוף היו בהן תחלה:
FOOTNOTES
1.
Tosafot, Keritot 9a, refer to this as the covenant which separated the Jews from the other nations. The Rambam is emphasizing that all of these acts where performed in preparation for the Giving of the Torah when the covenant took effect.
2.
See Hilchot Avodat Kochavim 1:3 which describes the extent of the Jews' assimilation in Egypt.
3.
Implied is that together with these ritual acts, the gentile must also accept the yoke of Jewish observance. As Shulchan Aruch (Yoreh De'ah 268:3) emphasizes this is a fundamental element of the conversion process.
4.
If he had been circumcised as a gentile, a small amount of blood must be drawn from him for the sake of conversion [Chapter 14, Halachah 5; Shulchan Aruch (Yoreh De'ah 268:1)].
5.
In contrast to other situations when a pair of such doves are offered and one is brought as a burnt offering and one as a sin offering.
6.
For the Temple is destroyed.
7.
The Rambam mentions the two acts in the desired order: circumcision and then, immersion. Nevertheless, if a convert immerses before circumcision, there is a difference of opinion among the later Rabbis if the immersion is acceptable or not [Rama (Yoreh De'ah 268:1)]. Hence he should immerse again because of the doubt (Siftei Cohen 268:2).
8.
Yevamot 46a quotes an opinion which requires the convert to actually set aside the money. The Talmud's conclusion, however, is that it would be undesirable to do so, lest the funds be used for other purposes which is a transgression.
It must be emphasized that even before the convert brings a sacrifice, he is considered as a full-fledged member of the Jewish people.
9.
Numbers 15:16 states: "There will be one judgment for you and the convert." Since the verse uses the term judgment, Yevamot 46b states that like in a judgment, three judges are necessary.
There are opinions that emphasize that this is merely an asmachta, a Rabbinic ruling that uses a Biblical verse as a support. Kin'at Eliyahuexplains the rationale for this view. Were the concept to have its source in Scriptural Law, judges possessing semichah, the unique ordination that ceased in the Talmudic era, would be required and thus it would be impossible to accept converts in the present age.
10.
For a court does not hold sessions at these times. Another reason why the immersion should not be performed at this time is that it amends the person's state, and that is not permitted on the Sabbath. Nevertheless, the Rambam considers the first rationale of primary importance (Kessef Mishneh).
11.
The Rashba explains that a legal case that is begun during the day may be completed at night. Hence, the convert's immersion may also be accepted at night.
12.
Conversion, a change in status, must be brought about through a conscious decision by the convert. A minor is not considered as able to make mature decisions and is not held responsible for his conduct. Therefore he cannot make the decision to convert. Nevertheless, the Jewish court makes this decision on his behalf.
The converted child, however, has the option of refuting the conversion when he comes of age. If he protests his conversion at that time, he is considered a gentile and need not observe the mitzvot. If, however, he accepts his conversion when he comes of age, but regrets afterwards, he is bound by his original decision.
13.
A person cannot act on another person's behalf unless it is considered to his benefit, but our Sages consider becoming part of the Jewish people a benefit sufficient enough to justify their actions. The Maggid Mishneh explains that although the Torah and its mitzvot compel a person to restrain his conduct, as long as he is young and has not become habituated to forbidden conduct, he will be able to accommodate himself to the Torah's guidelines.
14.
For the fetus is considered as part of her body and her immersion is sufficient for the fetus as well.
15.
For two people do not constitute a court (Hilchot Sanhedrin 2:10).
16.
For as mentioned in the previous halachah, three judges must be present.
The Rambam's perspective is not accepted by all authorities. Rabbenu Asher maintains that the requirement applies only at the outset. After the fact, even if a gentile circumcised himself and immersed on his own, the immersion is acceptable, provided he accepted the mitzvot in the presence of three Jews. The Shulchan Aruch (Yoreh De'ah 268:3) mentions both opinions, but appears to favor that of Rabbenu Asher.
17.
As indicated by Halachah 10, this refers to a situation where previously, we know that the person was a gentile. If not, different laws apply. In all instances, the person must observe the mitzvot because of his statements. We, however, do not rely on his word alone with regard to marriage.
18.
And he is not allowed to continue living with his wife until he performs the conversion rites again.
The Siftei Cohen 268:22 quotes Rabbenu Asher who rules that his statements are of no consequence whatsoever. For example, if he enters into relations with a married Jewish women. If he was a gentile, the woman would be able to continue living with her husband, but if he was Jewish (i.e., his conversion was acceptable), the relations are considered as adulterous and she is forbidden. According to Rabbenu Asher, his word is not accepted and she is not forbidden.
19.
The Maggid Mishneh questions how is it possible to disqualify his children. Even if he was indeed a gentile, the children would be Jewish. He explains that there is a halachic difference in a situation where both the parents converted privately. In that instance, were we to disqualify the children because of their statements, there would be a change in status.
20.
Rabbi Akiva Eiger adds that according to the Rambam, he must also have blood drawn from his male organ as is the case of a convert who was circumcised while a gentile.
21.
According to the authorities that, after the fact. do not require a convert's immersion to be performed in the presence of a court, this immersion also could serve as the immersion for the sake of conversion.
22.
I.e., we knew nothing of the person's identity before he came before us. He was the one who raised the doubt whether he was Jewish - by saying that he was a convert - and he resolved it - by saying that he converted in a proper court. This follows the principle of miggo, if he desired to lie, he could have told a more effective lie, saying that he was a native-born Israelite.
23.
The Ra'avad differs with the Rambam, explaining that there are two Talmudic opinions: one that accepts the convert's word both in Eretz Yisrael and in the Diaspora and one that requires him to bring proof in both places. Similarly, the Ramban and the Rashba differ and maintain that the convert's word is accepted in all places. The Shulchan Aruch (Yoreh De'ah 268:10) mentions the Rambam's view, but appears to follow that of the Ramban and the Rashba. Today the custom is for a court to be careful and investigate a convert's conversion before allowing him to marry among the Jewish people.
24.
For becoming a servant is also a change of status, causing the servant to depart from the status of a gentile, as stated in Chapter 12, Halachah 11.
25.
Yevamot 45b-46a explains the rationale for this law: The gentile owner who sold the servant does not own his physical person in the same manner as a Jew does. That ownership is a new factor established through immersion. Hence, if the servant takes the initiative, he can avoid being acquired.
26.
For taking this independent act in the presence of his master is considered as if he made an explicit statement.
27.
He must, however, reimburse the master for his value [Maggid Mishneh; Rama (Yoreh De'ah 267:9)].
28.
By manifesting his control over him in this manner, he emphasizes that he is acquiring him as a servant.
29.
The Maggid Mishneh cites views that maintain that this immersion is Rabbinic in origin. Rabbi Akiva Eiger cites Tosafot who emphasize that it is a Scriptural requirement.
30.
As required of a convert (Halachah 6).
31.
See the initial halachot of the following chapter which describe the manner in which a gentile and a servant are informed about the mitzvot.
32.
See Hilchot Mikveot which elaborates at length concerning both concepts mentioned in this halachah: what makes a mikveh acceptable and which substances disqualify an immersion when they intervene between a person's flesh and the water. For this reason, a servant or a convert should trim his nails and hair [Rama (Yoreh De'ah 268:2); see also Siftei Cohen 268:7].
33.
See II Shmuel 12:25, as interpreted by Menachot 53a, et al.
34.
Tosafot cites the narrative (Shabbat 31a) which relates that a gentile came to Hillel and asked him to convert him on the condition that he become the High Priest. Hillel agreed. Later the convert discovered the error of his ways and accepted Jewish practice genuinely. Tosafot explains that from the outset, Hillel recognized his potential sincerity and therefore accepted him even though originally, his motives were self-oriented. The Bayit Chadash and the Siftei Cohen 268:23 state that Hillel's example may be emulated and the Jewish courts have the prerogative of making a decision to accept a convert even though at the outset, he seeks to convert for ulterior motives.
35.
For as the Rambam continues to explain, a convert's lack of observance could have a negative effect on the entire people. There is no obligation to convert. A gentile who observes the seven universal laws commanded to Noah and his descendants is on a very high rung. Hence unless a gentile is motivated by a very sincere commitment, it is preferable for him not to change his status and serve God in his present state.
36.
At first, Naomi tried to dissuade Ruth from converting. When, however, she saw her sincerity, she allowed her to join her. See Chapter 14, Halachah 1, which describes how this concept is applied.
37.
I.e., because their motives were not genuine, as the Rambam continues to explain.
38.
I.e., these individuals did not know that the converts should not be accepted.
39.
I.e., would they accept Jewish practice genuinely.
The Shulchan Aruch (Yoreh De'ah 268:12) interprets this to mean that the conversion was effective. They are Jews and have all the privileges and responsibilities of the Jewish people. Nevertheless, as an initial and preferred option, our Sages would not allow them to marry within the Jewish people and the like until they had established their sincere commitment to the Torah and its mitzvot.
It must be emphasized that, according to the Shulchan Aruch, we are speaking about people who convert for ulterior motives, but still accept the yoke of the Torah and its mitzvot. When a person "converts" without accepting the Torah and its mitzvot at all, the conversion is invalid, even if he becomes circumcised and immerses in a mikveh. For that reason, non-halachic "conversions" are unacceptable. See the notes to Halachah 18.
40.
See Judges 14:3, I Kings 11:4.
41.
The Maggid Mishneh states that even if the court does not notify the potential convert of the mitzvot, the conversion is effective. The Shulchan Aruch (Yoreh De'ah 268:12) when quoting this law, changes the text to "the reward for the mitzvot," implying that the gentile must accept the mitzvot before immersion. As the commentaries to the Shulchan Aruch explain, according to the Shulchan Aruch, if a convert does not accept the observance of mitzvot, the conversion is not acceptable even if he becomes circumcised and immerses. This concept is particularly relevant in the presence age when there are many non-halachic "conversions."
42.
Hence a get (formal bill of divorce) is required before the woman can marry another Jew.
43.
The basic concept is that a convert who sins is considered as a Jew who sins. Even if he or she commits serious transgressions, the conversion is not revoked. The Kessef Mishneh maintains that if the convert intentionally worships false deities, a lost object that belonged to him is not returned, as indicated by Hilchot Gezeilah ViAvedah 11:2.
44.
I.e., because despite their sins, they remained Jewesses.
45.
I.e., their connection to idolatry.
46.
Yevamot 47a. It must be emphasized that sincere converts are given the highest praise. In a renowned letter to a convert named Ovadiah, the Rambam states: "We [i.e., native-born Jews] share a connection with Abraham, Isaac, and Jacob. Your connection is with the One who spoke and created the world."
47.
Our Sages explain that in both instances, it was the erev rav, the mixed multitude of converts who accompanied the Jews out of Egypt, who enticed the people to perform these sins. Kivrot HaTa'avah refers to the incident, Numbers, ch. 11, where the people complained because they desired other food in addition to the manna.
Issurei Biah - Chapter Fourteen
1
What is the procedure when accepting a righteous convert? When one of the gentiles comes to convert, we inspect his background.1 If an ulterior motive for conversion is not found,2 we ask him:3 "Why did you choose to convert? Don't you know that in the present era, the Jews are afflicted, crushed, subjugated, strained, and suffering comes upon them?" If he answers: "I know. Would it be that I be able to be part of them,"4 we accept him immediately.
א
כיצד מקבלין גירי הצדק כשיבוא אחד להתגייר מן העכו"ם ויבדקו אחריו ולא ימצאו עילה אומרים לו מה ראית שבאת להתגייר אי אתה יודע שישראל בזמן הזה דוויים ודחופים ומסוחפין ומטורפין ויסורין באין עליהן אם אמר אני יודע ואיני כדאי מקבלין אותו מיד:
2
We inform him of the fundamentals of the faith, i.e., the unity of God and the prohibition against the worship of false deities. We elaborate on this matter.5We inform him about some of the easy mitzvot and some of the more severe ones. We do not elaborate on this matter.6 We inform him of the transgression of [not leaving] leket, shichachah, pe'ah,7 and the second tithe.8 And we inform him of the punishment given for [violating] the mitzvot.
What is implied? We tell him: "Before you came to our faith, if you partook of fat, you were not liable for your soul to be cut off. If you desecrated the Sabbath, you were not liable to be stoned to death. Now, after you convert, if you partake of fat, you are liable for your soul to be cut off. If you desecrate the Sabbath, you are liable to be stoned to death."
We do not teach him all the particulars lest this cause him concern and turn him away from a good path to a bad path. For at the outset, we draw a person forth with soft and appealing words, as [Hoshea 11:4] states: "With cords of man, I drew them forth,"9 and then continues: "with bonds of love."10
ב
ומודיעין אותו עיקרי הדת שהוא ייחוד השם ואיסור עכו"ם ומאריכין בדבר הזה ומודיעין אותו מקצת מצות קלות ומקצת מצות חמורות ואין מאריכין בדבר זה ומודיעין אותו עון לקט שכחה ופיאה ומעשר שני ומודיעין אותו עונשן של מצות כיצד אומרים לו הוי יודע שעד שלא באת לדת זו אם אכלת חלב אי אתה ענוש כרת אם חללת שבת אי אתה ענוש סקילה ועכשיו אחר שתתגייר אם אכלת חלב אתה ענוש כרת אם חללת שבת אתה ענוש סקילה ואין מרבין עליו ואין מדקדקין עליו שמא יגרום לטרדו ולהטותו מדרך טובה לדרך רעה שבתחלה אין מושכין את האדם אלא בדברי רצון ורכים וכן הוא אומר בחבלי אדם אמשכם ואחר כך בעבותות אהבה:
3
Just as he is informed of the punishment [for disobeying] the commandments; so, too, he is informed about the reward for [their observance]. We tell him that by observing these mitzvot, he will merit the life of the World to Come. For there is no completely righteous man other than a master of wisdom who observes these mitzvot and knows them.
ג
וכשם שמודיעין אותו עונשן של מצות כך מודיעין אותו שכרן של מצות ומודיעין אותו שבעשיית מצות אלו יזכה לחיי העולם הבא ושאין שום צדיק גמור אלא בעל החכמה שעושה מצות אלו ויודען:
4
We tell him: "Know that the World to Come is hidden away only for the righteous; they are the Jews.11 The fact that you see Israel suffering difficulty in this world [reflects] the good that is hidden away for them. For they cannot receive an abundance of good in this world as the gentiles do. For they hearts may become uplifted and they will err and lose the reward of the World to Come, as [Deuteronomy 32:15] states: "Jeshuron became fat and rebelled."12
ד
ואומרים לו הוי יודע שהעולם הבא אינו צפון אלא לצדיקים והם ישראל וזה שתראה ישראל בצער בעולם הזה טובה היא צפונה להם שאינן יכולין לקבל רוב טובה בעולם הזה כאומות שמא ירום לבם ויתעו ויפסידו שכר העולם הבא כענין שנאמר וישמן ישורון ויבעט:
5
The Holy One, blessed be He, brings upon them an abundance of retribution solely so that they will not perish. For all the other nations will perish and they will prevail. We elaborate on this concept to make them feel cherished. If [the prospective convert] retracts and does not want to accept [the mitzvot], he goes on his way. If he accepts [their observance], we do not have him wait, but instead circumcise him immediately.13 If he was circumcised, we draw the blood of circumcision from him.14 We wait until he heals entirely15 and then immerse him.
ה
ואין הקב"ה מביא עליהן רוב פורענות כדי שלא יאבדו אלא כל העכו"ם כלין והן עומדין ומאריכין בדבר הזה כדי לחבבן אם חזר בו ולא רצה לקבל הולך לדרכו ואם קיבל אין משהין אותו אלא מלין אותו מיד ואם היה מהול מטיפין ממנו דם ברית ומשהים אותו עד שיתרפא רפואה שלימה ואחר כך מטבילין אותו:
6
Three [judges] stand over him and inform him about some of the easy mitzvot and some of the more severe ones a second time while he stands in the water.16 If the convert was female,17women position her in the water until her neck while the judges are outside. They inform her about some of the easy mitzvot and some of the more severe ones while she is sitting in the water. Then she immerses herself in their presence. Afterwards, they turn their faces away and depart so that they will not see her when she ascends from the water.
ו
ושלשה עומדין על גביו ומודיעין אותו מקצת מצות קלות ומקצת מצות חמורות פעם שנייה והוא עומד במים ואם היתה אשה נשים מושיבות אותה במים עד צוארה והדיינין מבחוץ ומודיעין אותה מקצת מצות קלות וחמורות והיא יושבת במים ואח"כ טובלת בפניהם והן מחזירין פניהן ויוצאין כדי שלא יראו אותה כשתעלה מן המים:
7
What is meant by a resident alien? A gentile who makes a commitment not to worship false deities and to observe the other [six] universal laws commanded to Noah's descendants. He does not circumcise himself or immerse. We accept this commitment and he is considered one of the pious gentiles.
Why is he called a resident? Because we are permitted to allow him to dwell among us in Eretz Yisrael, as explained in Hilchot Avodah Zarah.18
ז
אי זה הוא גר תושב זה עכו"ם שקיבל עליו שלא יעבוד כו"ם עם שאר המצות שנצטוו בני נח ולא מל ולא טבל ה"ז מקבלין אותו והוא מחסידי אומות העולם ולמה נקרא שמו תושב לפי שמותר לנו להושיבו בינינו בארץ ישראל כמו שביארנו בהלכות עכו"ם:
8
ח
ואין מקבלין גר תושב אלא בזמן שהיובל נוהג אבל בזמן הזה אפילו קיבל עליו כל התורה כולה חוץ מדקדוק אחד אין מקבלין אותו:
9
When a servant is purchased from the gentiles, we do not say: "Why did you choose to convert?"22 Instead, we say to him: "Do you desire to enter the category of Jewish servants and become one of the observant of them?" If he agrees, he is informed about the fundamentals of the faith, about some of the easy mitzvot and some of the more severe ones, and the punishments and rewards [associated with them] as we notify a convert. [Then] we immerse him23 as we immerse a convert and inform him [of the mitzvot] while he is in the water.
If he does not desire to accept [the status of a servant], we are patient with him for twelve months. Afterwards, we sell him to a gentile. It is forbidden to maintain him for a longer period.24 If at the outset, he established a condition that he would not be circumcised or immersed, but instead would be a resident alien, it is permissible to maintain him in that status.25 A servant may be maintained in this status only during the era when the Jubilee is observed.
ט
העבד הנלקח מן העכו"ם אין אומרין לו מה ראית שבאת אלא אומרים לו רצונך שתכנס לכלל עבדי ישראל ותהיה מן הכשרים או לא אם רצה מודיעין לו עיקרי הדת ומקצת מצות קלות וחמורות ועונשן ושכרן כמו שמודיעין את הגר ומטבילין אותו כגר ומודיעין אותו כשהוא במים ואם לא רצה לקבל מגלגלין עליו כל שנים עשר חדש ומוכרו לעכו"ם ואסור לקיימו יותר על כן ואם התנה עליו מתחלה שלא ימול ולא יטבול אלא יהיה גר תושב מותר לקיימו בעבודתו כשהוא גר תושב ואין מקיימין עבד כזה אלא בזמן היובל:
10
The only sexual relations forbidden to a gentile are: his mother, his father's wife, his maternal sister, a married woman, a male, and an animal, as will be explained in Hilchot Melachim UMilchomoteihem.26 Other relations forbidden the Jews are permitted to them.
י
העכו"ם אין אסורים עליהם משום ערוה אלא אמו ואשת אביו ואחותו מאמו ואשת איש וזכר ובהמה כמו שיתבאר בהלכות מלכים ומלחמותיהן אבל שאר עריות מותרין להן:
11
When a gentile converts or a servant is freed,27 he is like a newborn baby. Any relatives whom he had as a gentile or a servant are no longer considered his relatives. If both he and they convert, he is not obligated for relations with any of them.
יא
עכו"ם שנתגייר ועבד שנשתחרר הרי הוא כקטן שנולד וכל שאר בשר שהיו לו כשהוא עכו"ם או כשהוא עבד אינן שאר בשר ואם נתגייר הוא והם אינו חייב על אחת מהם משום ערוה כלל:
12
According to Scriptural Law, a convert may marry his mother or his maternal sister after they convert. Nevertheless, our Sages forbade this so that [the converts] will not say: "We came from a more severe level of holiness to a less severe one. Yesterday, this [relationship] was forbidden and today, it is permitted."28
Similarly, when a convert engages in relations with his mother or his sister when they have not converted, it is considered as if he had relations with a woman with whom he was not related.
יב
דין תורה שמותר לעכו"ם שישא אמו או אחותו מאמו שנתגיירו אבל חכמים אסרו דבר זה כדי שלא יאמרו באנו מקדושה חמורה לקדושה קלה שאמש היתה לו זו אסורה והיום מותרת וכן גר שבא על אמו או אחותו והיא בגיותה ה"ז כבא על הנכרית:
13
What is the law that applies to converts with regard to relations with their relatives. As we explained, if one was married while a gentile to his mother or his sister and they converted, we separate them as explained [above]. If he was married to any one of the other forbidden relations and he and his wife converted, they are not forced to separate.29
A convert is forbidden to marry his maternal relatives after they convert according to Rabbinic Law. He may, however, marry his paternal relatives. [This applies] even when he certainly knows that these persons are his paternal relatives,30 for example, twins, in which instance it is clear that the father of one is the father of the other. Nevertheless, our Sages did not enforce a decree with regard to one's paternal relatives.
Accordingly, a convert may marry the wife of his paternal brother, the wife of his father's brother, his father's wife,31 and his son's wife. [This applies] even if they married his brother, his father, his father's brother, or his son after they converted.32 Similarly, his mother's paternal sister, his paternal sister, and his daughter who converted are permitted to him. He may not, however, marry his maternal sister, his mother's maternal sister, nor a woman who married his maternal brother after he converted. If, however, a woman married his brother while he was a gentile,33 she is permitted to him.
יג
כיצד דין הגרים בעריות של שאר בשר אם היה נשוי כשהוא עכו"ם לאמו או לאחותו ונתגיירו מפרישין אותן כמו שביארנו ואם היה נשוי לשאר עריות ונתגייר הוא ואשתו אין מפרישין אותן גר אסור בשאר האם אחר שנתגייר מד"ס ומותר בשאר האב אף על פי שיודע בודאי שזה שארו מאביו כגון תאומים שדבר ברור שאביו של זה הוא אביו של זה אע"פ כן לא גזרו על שאר אביו לפיכך נושא הגר אשת אחיו מאביו ואשת אחי אביו ואשת אביו ואשת בנו אף על פי שנשאת לאחיו או לאביו או לאחי אביו או לבנו אחר שנתגיירו וכן אחות אמו מאביה ואחותו מאביו ובתו שנתגיירה מותרת לו אבל אינו נושא לא אחותו מאמו ולא אחות אמו מאמה ולא אשת אחיו מאמו שנשאה אחיו מאמו אחר שנתגייר אבל אם נשאה אחיו כשהוא עכו"ם ה"ז מותרת לו:
14
יד
שני אחים תאומים שהיתה הורתן שלא בקדושה ולידתן בקדושה חייבין משום אשת אח:
15
When a man marries a female convert and her daughter who converted or two maternal sisters [who converted], he should remain married to one of them and divorce the other.36 If he married a female convert and she died, he is permitted to marry her mother or her daughter.37 For our Sages ordained their decree only during [the woman's] lifetime.
It is permissible for a man to marry two paternal sisters who converted, for our Sages did not ordain any decrees with regard to paternal relations, as explained.38
טו
הנושא גיורת ובתה הגיורת או שתי אחיות מן האם יושב עם אחת מהן ומגרש השנייה נשא גיורת ומתה הרי זה מותר לישא אמה או בתה שלא גזרו אלא בחייהן ומותר לאדם לישא שתי אחיות גיורות מן האב שלא גזרו בשאר האב כמו שבארנו:
16
[Our Sages] did not ordain any decrees with regard to shniot39 who convert. Therefore a convert may marry his maternal grandmother. Similarly, a person may marry a convert and the mother of her maternal grandmother40 or her and the daughter of her daughter's daughter. Similar laws apply with regard to the remainder of the shniot.
טז
השניות כולן לא גזרו עליהן בגרים לפיכך מותר הגר לישא אם אמו ונושא אדם גיורת ואם אמה או בת בת בתה וכן בשאר השניות:
17
A servant is permitted to marry his mother while he is a servant.41Needless to say, this applies with regard to his daughter, his sister, or the like. [Since] he has already departed from the category of gentiles,42 the intimate relations forbidden to the gentiles are not forbidden to him. And [since] he has not entered the category of the Jewish people, the intimate relations that are forbidden to the converts are not yet forbidden to him.
יז
העבד מותר לישא אמו כשהוא עבד ואין צריך לומר בתו ואחותו וכיוצא בהן שכבר יצא מכלל עכו"ם ואין העריות האסורות על העכו"ם אסורות עליו ולא בא לכלל ישראל כדי שיאסרו עליו עריות האסורות על הגרים:
18
יח
ויראה לי שאם בא העבד על הזכור ובהמה יהרגו שאיסור שתי עריות אלו שוה בכל האדם:
19
Servants who are freed are like converts. All of the relationships forbidden to converts are forbidden to them and all those permitted to converts are permitted to them.
A person may give his maid-servant to his own servant or to a servant belonging to his colleague. At the outset, he may give one maid-servant to two servants.45Nor must they follow any restrictions. Instead, they are like animals. There is no difference whether a maid-servant is set aside for a servant or not, for there is no concept of marriage except within the Jewish people or among gentiles themselves,46 but not among servants themselves or between servants and the Jewish people.
יט
עבדים שנשתחררו הרי הן כגרים כל שאסור לגרים אסור להן וכל המותר לגרים מותר להן נותן אדם שפחתו לעבדו או לעבד חבירו ומוסר שפחה אחת לשני עבדים לכתחלה ואינן צריכין שום דבר אלא הרי הן כבהמות ושפחה שהיא מיוחדת לעבד או שאינה מיוחדת אחת היא לפי שאין אישות אלא לישראל או לעכו"ם על העכו"ם אבל לא לעבדים על העבדים ולא לעבדים על ישראל:
FOOTNOTES
1.
See Chapter 13, Halachah 14.
2.
See Chapter 13, Halachah 14.
3.
The halachah is quoted from Yevamot 47a. As early as the Talmudic era, potential converts were dissuaded in this manner.
4.
Our translation is based on Rashi's commentary to Yevamot, loc. cit.
5.
Because they are the fundamentals of our faith (Maggid Mishneh).
6.
This law, quoted by the Shulchan Aruch (Yoreh De'ah 268:2) indicates that even the opinions which require a convert to accept the observance of the mitzvot do not require him to accept all of the mitzvot individually. Instead, he must make a general commitment to confirm to Jewish practice.
7.
These refer to different obligations from the crops that must be left for the poor. See Hilchot Matanot Aniyim, ch. 1.
8.
Although this is the version in the standard published text of the Mishneh Torah, many manuscripts and early printings state "the tithe for the poor." This fits both the context and the Rambam's source, Yevamot 47a.
These mitzvot are mentioned because the giver has no control over them. When a prospective convert sees that Judaism places such financial obligations upon him, he may regret his choice (Rashi, Yevamot, loc. cit.).
9.
This can be interpreted as referring to the warnings concerning the transgressions.
10.
And this to the encouragement based on the knowledge of the reward for mitzvot.
11.
The commentaries have questioned the Rambam's statements here noting that in Hilchot Teshuvah 3:5 and other sources, he states that the pious among the gentiles have a share in the World to Come. Among the resolutions offered is that "All of Israel have a share in the World to Come" (Sanhedrin 10:1). By virtue of the essential Godliness of the Jewish soul, they are granted a portion in this eternal good. A gentile must, however, earn his portion through his deeds. It is not "hidden away" for him.
12.
I.e., the outcome of prosperity was not increased observance, but the opposite: rebellion against God's will.
13.
For we do not postpone the performance of a mitzvah.
14.
I.e., a small wound is made on his male organ to draw blood for the sake of the covenant. The expression "the blood of the covenant" is derived from Exodus 24:8. See also Zechariah 9:11.
15.
For we fear that, otherwise, the immersion might cause the wound to become infected (Rashi, Yevamot 47b).
The commentaries ask: Why don't we have him immerse first and then circumcise himself? In this way, he will not have to delay his conversion any longer. The Ramban (cited by Turei Zahav 268:4) states that we fear that he might refuse to become circumcised. This will be problematic for the immersion will have completed the conversion process. Hence, we have him become circumcised before the conversion is irreversible.
16.
Rashi (loc. cit.) explains that since the immersion completes his conversion, the convert must accept the yoke of mitzvot at that time.
17.
And thus it would be immodest for her to enter the mikveh in the presence of the judges.
18.
See Hilchot Avodat Kochavim 10:6 which states that in an era when the Jews have undisputed authority over Eretz Yisrael, they may not allow an idolater to dwell in the holy land. Only when a gentile accepts these seven universal laws is he granted this privilege. The rationale for the Rambam's ruling is derived from the prooftext he cites (Exodus 23:33): "They shall not dwell in your land, lest they cause you to sin against Me." Since gentiles may turn into a negative spiritual influence, they should be prevented from dwelling in the land. If, however, a gentile has made a commitment to the observance of these seven laws, he will not lower the moral climate of the land.
As explained by the commentaries to Hilchot Avodat Kochavim, the Rambam's opinion is not universally accepted. The Ra'avad interprets the prooftext as referring to the seven Canaanite nations alone. Never, he claims, were other gentiles prohibited from living among us.
19.
The Jubilee must be observed only when the entire Jewish people are dwelling in Eretz Yisrael. Therefore when the tribes of Reuven and Gad, and half the tribe of Menasheh were exiled by the kingdom of Assyria (this took place approximately 150 years before the destruction of the First Temple), the laws of the Jubilee ceased to be observed according to Scriptural Law (Hilchot Shemitah ViYoval 10:8).
20.
The Rambam's source ( Bechorot 30b) states: "one minor point of Rabbinic Law." The commentaries question why the Rambam omits this point.
21.
As the Rambam states in Hilchot Avodat Kochavim, loc. cit., in the present era, we accept only full converts. Implied is that in the present era, were we to have the authority, we should prevent gentiles from living in Eretz Yisrael.
The Ra'avad differs with the Rambam concerning this point, explaining that with regard to certain matters the status of a gentile who accepts the observance of the seven mitzvot in the present age is more severe than that before the revocation of the Jubilee laws and in other matters, it is more lenient. According to his opinion, however, there is no reason why a gentile should be prohibited against living in Eretz Yisrael. In his gloss to Hilchot Avodat Kochavim, the Kessef Mishneh states that even the Rambam would agree. For since the gentile is living a moral lifestyle, there is no reason to fear that he will lead a Jew to sin. The Rambam's directive here is directed at the courts. They cannot formalize a resident alien's status in the present age.
In that vein, it must be emphasized that although the concept of a resident alien does not apply in the present age, we are obligated to teach the gentiles the seven universal laws commanded to Noah's descendants, as the Rambam states in Hilchot Melachim 8:10.
22.
As we tell a prospective convert. We do not make this statement to a servant, for he is not coming to convert on his own volition.
23.
A male servant is also circumcised before conversion. It is questionable why the Rambam does not mention this point.
24.
He must be sold to the Diaspora or to a gentile (Hilchot Avadim 8:12).
25.
The Rama (Yoreh De'ah 267:4) writes that in the lands where he lived (Central Europe), it was forbidden to convert a gentile to Judaism. Therefore it is taken for granted that the servant was purchased on the condition that his status not be altered. Hence, he may be maintained indefinitely as a gentile.
26.
Hilchot Melachim 9:5.
27.
See Halachah 17 which emphasizes that even while a servant, a servant need not show concern for these prohibitions.
28.
I.e., it would appear that he was bound by more severe prohibitions before conversion.
29.
This applies even to maternal relatives. Since they were married before, we do not force them to separate (Siftei Cohen 269:2). We do not fear that these converts will say that they entered a lower level of holiness, because there are relations - a mother and a sister - which they are forbidden. This makes it obvious that the distinction in the laws results from their change in status (Kessef Mishneh).
30.
I.e, one might say that the reason for the prohibition is that one is certain that he is related to his maternal relatives. Those reputed to be his paternal relatives, however, might in fact not be related to him at all, because the man reputed to be his father may not be his parent. For the gentiles are known to be promiscuous. This is not the reason for the leniency. Instead, the Torah does not have any conceptual of paternal lineage with regard to a gentile (Maggid Mishneh).
31.
There are opinions which forbid the wife of the convert's father [Tur, Rama (Yoreh De'ah 269:3)]. The Siftei Cohen 269:4 adds that the convert should also refrain from relations with the sister of his father.
32.
For their conversion is of no consequence in this context. They are considered as having no family ties.
33.
But was never married to the brother according to Jewish Law.
34.
I.e., they were conceived before their mother converted and born after she converted.
35.
For it is considered as if the two brothers are ordinary Jews and bound by the laws that apply to members of our people. Nevertheless, they may not fulfill the mitzvah of yibbum, for they are not brothers in the complete sense [Shulchan Aruch (Yoreh De'ah 269:4)].
36.
This is a Rabbinic decree. According to Scriptural Law, the marriages are valid. Nevertheless, our Rabbis were stringent and forbade this union, for were the women to be native-born Jewesses, this would be forbidden. Hence, formal divorce proceedings are necessary.
37.
In this instance, as well, were the women to be native-born Jewesses, this would be forbidden. See Siftei Cohen 269:10 which cites opinions that maintain that the Rabbinic prohibition applies after the woman's death as well.
38.
In Halachah 13. Note the contrast to the previous clause which speaks about relations with maternal sisters.
39.
This term refers to relatives more distantly removed than those forbidden by Scriptural Law. Relations with them are forbidden by Rabbinic decree, as explained in Chapter 1, Halachah 8; Hilchot Ishut 1:6. Since the prohibition is a Rabbinic safeguard, our Sage's did not add a further safeguard with regard to a convert. For we do not ordain a safeguard for a safeguard.
40.
Our translation follows the text of the authoritative manuscripts of the Mishneh Torah. The Siftei Cohen 269:12 justifies this reading, explaining that relations with a woman's maternal grandmother (the version in the standard published text of the Mishneh Torah) is a Scriptural prohibition, not a Rabbinic safeguard.
41.
I.e., before he is freed.
42.
See Chapter 12, Halachah 11.
43.
This phrase points to a conclusion deduced by the Rambam for which he has no explicit source in previous Rabbinic literature. The Ra'avad, however, considers the concept as blatantly obvious.
The Maggid Mishneh adds that he is also executed for relations with a married Jewish woman and questions why the Rambam does not mention this transgression.
44.
The word "executed" is plural. Both men or the man and the animal are executed (Or Sameach).
45.
I.e., we do not enforce monogamy.
46.
See Hilchot Melachim 9:5.
• Shabbat, 23 Tevet, 5777 · 21 January 2017
• "Today's Day"
• Thursday, Tevet 23, 5703
Torah lessons: Chumash: Sh'mot, Chamishi with Rashi.
Tehillim: 108-112.
Tanya: However, the impression (p. 51)...Towards his brothers.
(Here appears an emendation to the text of Torah Or, relevant only in Hebrew. Translator).
Groaning by itself won't do a bit of good. A groan is only a key to open the heart and eyes, so as not to sit there with folded arms, but to plan orderly work and activity, each person wherever he can be effective, to campaign for bolstering Torah, spreading Torah and the observance of Mitzvot. One person might do this through his writing, another with his oratory, another with his wealth.
• Daily Thought:
Harsh or Kind
When He made the world, He made two ways to repair each thing: With harshness or with compassion. With a slap or with a caress. With darkness or with light.
“And G‑d looked at the light and saw that it was good.” Darkness and harsh words may be necessary. But He never called them good.
Even if you could correct another person with harsh words, the One Above receives no pleasure from it. When He sees his creatures heal one another with caring and with kindness, that is when He shines His smile upon us.[—cited from Kedushas Levi on Shabbos Vayechi, 5751.]
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