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- ב"ה - Today in Judaism - Today is Shabbat, Elul 18, 5777 · September 9, 2017 - Chai ElulTorah Reading:
Ki Tavo: Deuteronomy 26:1 - 29:8
Isaiah 60:1-22
Deuteronomy 26:1 “When you have come to the land Adonai your God is giving you as your inheritance, taken possession of it and settled there; 2 you are to take the firstfruits of all the crops the ground yields, which you will harvest from your land that Adonai your God is giving you, put them in a basket and go to the place where Adonai your God will choose to have his name live. 3 You will approach the cohen holding office at the time and say to him, ‘Today I declare to Adonai your God that I have come to the land Adonai swore to our ancestors that he would give us.’ 4 The cohen will take the basket from your hand and put it down in front of the altar of Adonai your God.
5 “Then, in the presence of Adonai your God, you are to say, ‘My ancestor was a nomad from Aram. He went down into Egypt few in number and stayed. There he became a great, strong, populous nation. 6 But the Egyptians treated us badly; they oppressed us and imposed harsh slavery on us. 7 So we cried out to Adonai, the God of our ancestors. Adonai heard us and saw our misery, toil and oppression; 8 and Adonai brought us out of Egypt with a strong hand and a stretched-out arm, with great terror, and with signs and wonders. 9 Now he has brought us to this place and given us this land, a land flowing with milk and honey. 10 Therefore, as you see, I have now brought the firstfruits of the land which you, Adonai, have given me.’ You are then to put the basket down before Adonai your God, prostrate yourself before Adonai your God, 11 and take joy in all the good that Adonai your God has given you, your household, the Levi and the foreigner living with you.
(ii) 12 “After you have separated a tenth of the crops yielded in the third year, the year of separating a tenth, and have given it to the Levi, the foreigner, the orphan and the widow, so that they can have enough food to satisfy them while staying with you; 13 you are to say, in the presence of Adonai your God, ‘I have rid my house of the things set aside for God and given them to the Levi, the foreigner, the orphan and the widow, in keeping with every one of the mitzvot you gave me. I haven’t disobeyed any of your mitzvot or forgotten them. 14 I haven’t eaten any of this food when mourning, I haven’t put any of it aside when unclean, nor have I given any of it for the dead. I have listened to what Adonai my God has said, and I have done everything you ordered me to do. 15 Look out from your holy dwelling-place, from heaven; and bless your people Isra’el and the land you gave us, as you swore to our ancestors, a land flowing with milk and honey.’
(iii) 16 “Today Adonai your God orders you to obey these laws and rulings. Therefore, you are to observe and obey them with all your heart and all your being. 17 You are agreeing today that Adonai is your God and that you will follow his ways; observe his laws, mitzvot and rulings; and do what he says. 18 In turn Adonai is agreeing today that you are his own unique treasure, as he promised you; that you are to observe all his mitzvot; 19 and that he will raise you high above all the nations he has made, in praise, reputation and glory; and that, as he said, you will be a holy people for Adonai your God.”
27:1 (iv) Then Moshe and all the leaders of Isra’el gave orders to the people. They said, “Observe all the mitzvot I am giving you today. 2 When you cross the Yarden to the land Adonai your God is giving you, you are to set up large stones, put plaster on them, 3 and, after crossing over, write this Torah on them, every word — so that you can enter the land Adonai your God is giving you, a land flowing with milk and honey, as Adonai, the God of your ancestors, promised you. 4 When you have crossed the Yarden, you are to set up these stones, as I am ordering you today, on Mount ‘Eival; and put plaster on them. 5 There you are to erect an altar to Adonai your God, an altar made of stones. You are not to use any iron tool on them, 6 but are to build the altar of Adonai your God of uncut stones; and you are to offer burnt offerings on it to Adonai your God. 7 Also you are to sacrifice peace offerings, eat there and be joyful in the presence of Adonai your God. 8 You are to write on the stones all the words of this Torah very clearly.”
9 Next Moshe and the cohanim, who are L’vi’im, spoke to all Isra’el. They said, “Be quiet; and listen, Isra’el! Today you have become the people of Adonai your God. 10 Therefore you are to listen to what Adonai your God says and obey his mitzvot and laws, which I am giving you today.”
(v) 11 That same day Moshe commissioned the people as follows: 12 “These are the ones who are to stand on Mount G’rizim and bless the people after you have crossed the Yarden: Shim‘on, Levi, Y’hudah, Yissakhar, Yosef and Binyamin; 13 while these are to stand on Mount ‘Eival for the curse: Re’uven, Gad, Asher, Z’vulun, Dan and Naftali. 14 The L’vi’im, speaking loudly, will proclaim to every man of Isra’el:
15 “‘A curse on anyone who makes a carved or metal image, something Adonai detests, the handiwork of a craftsman, and sets it up in secret!’ All the people are to respond by saying, ‘Amen!’
16 “‘A curse on anyone who dishonors his father or mother.’ All the people are to say, ‘Amen!’
17 “‘A curse on anyone who moves his neighbor’s boundary marker.’ All the people are to say, ‘Amen!’
18 “‘A curse on anyone who causes a blind person to lose his way on the road.’ All the people are to say, ‘Amen!’
19 “‘A curse on anyone who interferes with justice for the foreigner, orphan or widow.’ All the people are to say, ‘Amen!’
20 “‘A curse on anyone who has sexual relations with his father’s wife, because he has violated his father’s rights.’ All the people are to say, ‘Amen!’
21 “‘A curse on anyone who has sexual relations with any kind of animal.’ All the people are to say, ‘Amen!’
22 “‘A curse on anyone who has sexual relations with his sister, no matter whether she is the daughter of his father or of his mother.’ All the people are to say, ‘Amen!’
23 “‘A curse on anyone who has sexual relations with his mother-in-law.’ All the people are to say, ‘Amen!’
24 “‘A curse on anyone who secretly attacks a fellow member of the community.’ All the people are to say, ‘Amen!’
25 “‘A curse on anyone who accepts a bribe to kill an innocent person.’ All the people are to say, ‘Amen!’
26 “‘A curse on anyone who does not confirm the words of this Torah by putting them into practice.’ All the people are to say, ‘Amen!’
28:1 “If you listen closely to what Adonai your God says, observing and obeying all his mitzvot which I am giving you today, Adonai your God will raise you high above all the nations on earth; 2 and all the following blessings will be yours in abundance — if you will do what Adonai your God says:
3 “A blessing on you in the city, and a blessing on you in the countryside.
4 “A blessing on the fruit of your body, the fruit of your land and the fruit of your livestock — the young of your cattle and flocks.
5 “A blessing on your grain-basket and kneading-bowl.
6 “A blessing on you when you go out, and a blessing on you when you come in.
(vi) 7 “Adonai will cause your enemies attacking you to be defeated before you; they will advance on you one way and flee before you seven ways.
8 “Adonai will order a blessing to be with you in your barns and in everything you undertake; he will bless you in the land Adonai your God is giving you.
9 “Adonai will establish you as a people separated out for himself, as he has sworn to you — if you will observe the mitzvot of Adonai your God and follow his ways. 10 Then all the peoples on earth will see that Adonai’s name, his presence, is with you; so that they will be afraid of you.
11 “Adonai will give you great abundance of good things — of the fruit of your body, the fruit of your livestock and the fruit of your land in the land Adonai swore to your ancestors to give you. 12 Adonai will open for you his good treasure, the sky, to give your land its rain at the right seasons and to bless everything you undertake. You will lend to many nations and not borrow; 13 Adonai will make you the head and not the tail; and you will be only above, never below — if you will listen to, observe and obey the mitzvot of Adonai your God 14 and not turn away from any of the words I am ordering you today, neither to the right nor to the left, to follow after other gods and serve them.
15 “But if you refuse to pay attention to what Adonai your God says, and do not observe and obey all his mitzvot and regulations which I am giving you today, then all the following curses will be yours in abundance:
16 “A curse on you in the city, and a curse on you in the countryside.
17 “A curse on your grain-basket and kneading-bowl.
18 “A curse on the fruit of your body, the fruit of your land and the young of your cattle and flocks.
19 “A curse on you when you come in, and a curse on you when you go out.
20 “Adonai will send on you curses, disasters and frustration in everything you set out to do, until you are destroyed and quickly perish, because of your evil actions in abandoning me.
21 “Adonai will bring on you a plague that will stay with you until he has exterminated you from the land you are entering in order to take possession of it. 22 Adonai will strike you down with wasting diseases, fever, inflammation, fiery heat, drought, blasting winds and mildew; and they will pursue you until you perish.
23 “The sky over your head will be brass and the earth under you iron. 24 Adonai will turn the rain your land needs into powder and dust that will fall on you from the sky until you are destroyed.
25 “Adonai your God will cause you to be defeated before your enemies; you will advance on them one way and flee before them seven. You will become an object of horror to every kingdom on earth. 26 Your carcasses will become food for all the birds in the air and the wild animals, and there will be no one to scare them away.
27 Adonai will strike you down with the boils that broke out on the Egyptians, tumors, skin lesions and itching, all incurable. 28 Adonai will strike you with insanity, blindness and utter confusion. 29 You will grope about at noon like a blind person groping in the dark, unable to find your way.
“You will be continually oppressed and robbed, and there will be no one to save you. 30 You will get engaged to a woman, but another man will marry her. You will build a house but not live in it. You will plant a vineyard but not use its fruit. 31 Your ox will be slaughtered before your eyes, but you won’t eat any of its meat. Your donkey will be taken away from you by force as you watch, and you won’t get it back. Your sheep will be given to your enemies, and there will be no one to help you. 32 Your sons and daughters will be handed over to another people; you will watch for them longingly all day but not see them; and there will be nothing you can do about it. 33 A nation unknown to you will eat the fruit of your land and labor. Yes, you will be continually oppressed and crushed, 34 till you go crazy from what your eyes have to see. 35 Adonai will strike you down in the knees and legs with painful and incurable boils; they will spread from the sole of your foot to the crown of your head. 36 Adonai will bring you and your king whom you have put over yourselves to a nation you have not known, neither you nor your ancestors; and there you will serve other gods made of wood and stone. 37 You will be so devastated as to become a proverb and a laughingstock among all the peoples to which Adonai will drive you.
38 “You will carry much seed out to the field but gather little in, because locusts will devour it. 39 You will plant vineyards and dress them but neither drink the wine nor gather the grapes, because worms will eat them. 40 You will have olive trees throughout your territory but not anoint yourself with the oil, because your olives will fall off unripe. 41 You will father sons and daughters, but they won’t belong to you, because they will go into captivity. 42 The bugs will inherit all your trees and the produce of your land.
43 “The foreigner living with you will rise higher and higher while you sink lower and lower. 44 He will lend to you, but you will not lend to him; he will be the head and you the tail.
45 “All these curses will come on you, pursuing you and overtaking you until you are destroyed, because you didn’t pay attention to what Adonai your God said, observing his mitzvot and regulations that he gave you. 46 These curses will be on you and your descendants as a sign and a wonder forever. 47 Because you didn’t serve Adonai your God with joy and gladness in your heart when you had such an abundance of everything; 48 Adonai will send your enemy against you; and you will serve him when you are hungry, thirsty, poorly clothed and lacking everything; he will put a yoke of iron on your neck until he destroys you. 49 Yes, Adonai will bring against you a nation from far away that will swoop down on you from the end of the earth like a vulture, a nation whose language you don’t understand, 50 a nation grim in appearance, whose people neither respect the old nor pity the young. 51 They will devour the offspring of your livestock and the produce of your soil, until you have been destroyed. They will leave you without grain, wine, olive oil, or your young cattle and sheep — until they have caused you to perish. 52 They will besiege all your towns until your high, fortified walls, in which you trusted, collapse everywhere in your land, which Adonai your God gave you. 53 Then, because of the severity of the siege and distress that your enemies are inflicting on you, you will eat the offspring of your own body, the flesh of your own sons and daughters, whom Adonai your God has given you. 54 Even the most gentle and sensitive man among you will be without pity for his brother, his beloved wife or his surviving children, 55 to the degree that he will refuse to share with any of them the flesh of his children whom he is eating; because if he did, he would have nothing left for himself — in the severity of the siege and distress your enemies are inflicting on you in all your towns. 56 The most delicate and sensitive woman among you, so sensitive and delicate that she wouldn’t think of touching the sole of her foot to the ground, will so begrudge her own beloved husband, son and daughter 57 that she will secretly eat the afterbirth that comes out of her and even her own children as she bears them — so desperately hungry will she be in the severity of the siege and distress your enemies are inflicting on you in your towns.
58 “If you will not observe and obey all the words of this Torah that are written in this book, so that you will fear this glorious and awesome name, Adonai your God; 59 then Adonai will strike down you and your descendants with extraordinary plagues and severe sicknesses that go on and on. 60 He will bring back upon you all the diseases the Egyptians had, which you were in dread of; and they will cling to you. 61 Not only that, but Adonai will bring upon you all the sicknesses and plagues that are not written in this book of the Torah — until you are destroyed. 62 You will be left few in number, whereas you were once as numerous as the stars in the sky — because you did not pay attention to the voice of Adonai your God.
63 “Thus it will come about that just as once Adonai took joy in seeking to do you good and increase your numbers, so now Adonai will take joy in causing you to perish and be destroyed, and you will be plucked off the land you are entering in order to take possession of it. 64 Adonai will scatter you among all peoples from one end of the earth to the other, and there you will serve other gods, made of wood and stone, which neither you nor your ancestors have known. 65 Among these nations you will not find repose, and there will be no rest for the sole of your foot; rather Adonai will give you there anguish of heart, dimness of eyes and apathy of spirit. 66 Your life will hang in doubt before you; you will be afraid night and day and have no assurance that you will stay alive. 67 In the morning you will say, ‘Oh, how I wish it were evening!’ and in the evening you will say, ‘Oh, how I wish it were morning!’ — because of the fear overwhelming your heart and the sights your eyes will see. 68 Finally, Adonai will bring you back in ships to Egypt, the place of which I said to you, ‘You will never ever see it again’; and there you will try to sell yourselves as slaves to your enemies, but no one will buy you.”
69 (29:1) These are the words of the covenant which Adonai ordered Moshe to make with the people of Isra’el in the land of Mo’av, in addition to the covenant which he made with them in Horev.
29:1 (vii) (2) Then Moshe summoned all Isra’el and said to them, “You saw everything Adonai did before your eyes in the land of Egypt to Pharaoh, to all his servants and to all his land; 2 (3) the great testings which you saw with your own eyes, and the signs and those great wonders. 3 (4) Nevertheless, to this day Adonai has not given you a heart to understand, eyes to see or ears to hear! 4 (5) I led you forty years in the desert. Neither the clothes on your body nor the shoes on your feet wore out. 5 (6) You didn’t eat bread, and you didn’t drink wine or other intoxicating liquor; this was so that you would know that ‘I am Adonai your God.’ (Maftir) 6 (7) When you arrived at this place, Sichon the king of Heshbon and ‘Og the king of Bashan advanced against us in battle, and we defeated them, 7 (8) took their land and gave it as an inheritance to the Re’uveni, the Gadi and the M’nashi. 8 (9) Therefore, observe the words of this covenant and obey them; so that you can make everything you do prosper.
Isaiah 60:1 “Arise, shine [Yerushalayim],
for your light has come,
the glory of Adonai
has risen over you.
2 For although darkness covers the earth
and thick darkness the peoples;
on you Adonai will rise;
over you will be seen his glory.
3 Nations will go toward your light
and kings toward your shining splendor.
4 Raise your eyes and look around:
they are all assembling and coming to you;
your sons are coming from far off,
your daughters being carried on their nurses’ hips.
5 Then you will see and be radiant,
your heart will throb and swell with delight;
for the riches of the seas will be brought to you,
the wealth of nations will come to you.
6 Caravans of camels will cover your land,
young camels from Midyan and ‘Eifah,
all of them coming from Sh’va,
bringing gold and frankincense,
and proclaiming the praises of Adonai.
7 All the flocks of Kedar will be gathered for you,
the rams of N’vayot will be at your service;
they will come up and be received on my altar,
as I glorify my glorious house.
8 “Who are these, flying along like clouds,
like doves to their dovecotes?
9 The coastlands are putting their hope in me,
with the ‘Tarshish’ ships in the lead,
to bring your children from far away,
and with them their silver and gold,
for the sake of Adonai your God,
the Holy One of Isra’el, who glorifies you.
10 Foreigners will rebuild your walls,
their kings will be at your service;
for in my anger I struck you,
but in my mercy I pity you.
11 Your gates will always be open,
they will not be shut by day or by night,
so that people can bring you the wealth of nations,
with their kings led in procession.
12 For the nation or kingdom that won’t serve you will perish;
yes, those nations will be utterly destroyed.
13 “The glory of the L’vanon will come to you,
cypresses together with elm trees and larches,
to beautify the site of my sanctuary —
I will glorify the place where I stand.
14 The children of your oppressors will come
and bow low before you,
all who despised you will fall at your feet,
calling you the city of Adonai,
Tziyon of the Holy One of Isra’el.
15 “In the past you were abandoned and hated,
so that no one would even pass through you;
but now I will make you the pride of the ages,
a joy for many generations.
16 You will drink the milk of nations,
you will nurse at royal breasts
and know that I, Adonai, am your Savior,
your Redeemer, the Mighty One of Ya‘akov.
17 “For bronze I will bring you gold,
for iron I will bring you silver,
bronze in place of wood,
and iron in place of stones.
I will make shalom your governor
and righteousness your taskmaster.
18 Violence will no longer be heard in your land,
desolation or destruction within your borders;
instead, you will call your walls Salvation
and your gates Praise.
19 “No more will the sun be your light by day,
nor will moonlight shine on you;
instead Adonai will be your light forever
and your God your glory.
20 No longer will your sun go down;
your moon will no longer wane;
for Adonai will be your light forever;
your days of mourning will end.
21 All your people will be tzaddikim;
they will inherit the land forever;
they will be the branch I planted,
my handiwork, in which I take pride.
22 The smallest will grow to a thousand,
the weakest will become a mighty nation.
I, Adonai, when the right time comes,
will quickly bring it about.”
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Today's Laws & Customs:
• Chassidic Holiday
"Chai Elul" (Hebrew for "the 18th of Elul," also meaning "the life of Elul") is celebrated by the Chassidic community as the birthday of the "two great luminaries" -- Rabbi Israel Baal Shem Tov, the founder of Chassidism; and Rabbi Schneur Zalman of Liadi, the founder of Chabad. Chassidim wish each other "Gut Yom Tov!" and conduct joyous gatherings called farbrengens.
• 12 Days of ReflectionElul, the last month of the Jewish year, is a month devoted to stocktaking and introspection. A Chassidic tradition holds that the last twelve days of the year -- Elul 18 to 29 -- are specifically devoted to the twelve months of the closing year: on each of these twelve days, one should review the deeds and achievements of its corresponding month.
• Ethics of the Fathers: Chapters 3 & 4During the summer months, from the Shabbat after Passover until the Shabbat before Rosh Hashahah, we study a portion of the Talmud's Ethics of the Fathers("Avot") each Shabbat afternoon. This week, we study Chapters Three and Four.
Link: Ethics of the Fathers, Chapter 3 and Chapter 4
• LinksA Chai Elul anthology
• Elul ObservancesAs the last month of the Jewish year, Elul is traditionaly a time of introspection and stocktaking -- a time to review one's deeds and spiritual progress over the past year and prepare for the upcoming "Days of Awe" of Rosh HaShanah and Yom Kippur.
As the month of Divine Mercy and Forgiveness (see "Today in Jewish History" for Elul 1) it is a most opportune time for teshuvah ("return" to G-d), prayer, charity, and increased Ahavat Yisrael (love for a fellow Jew) in the quest for self-improvement and coming closer to G-d. Chassidic master Rabbi Schneur Zalman of Liadi likens the month of Elul to a time when "the king is in the field" and, in contrast to when he is in the royal palace, "everyone who so desires is permitted to meet him, and he receives them all with a cheerful countenance and shows a smiling face to them all."
Specific Elul customs include the daily sounding of the shofar (ram's horn) as a call to repentance. The Baal Shem Tov instituted the custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms). Click below to view today's Psalms.
Chapter 52 Chapter 53 Chapter 54
Psalms Chapter 52:1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones. Chapter 53:1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice. Chapter 54:1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
Elul is also the time to have one's tefillin and mezuzot checked by an accredited scribe to ensure that they are in good condition and fit for use.
Links: More on Elul
Today in Jewish History:
• Passing of Maharal (1609)
Elul 18 is the yahrtzeit of Rabbi Yehudah Loewe, the "Maharal" of Prague (1525-1609), outstanding Torah scholar, philosopher, Kabbalist and Jewish leader. Popularly known for creating a "golem" (clay man) to protect the Jewish community of Prague from the frequent threat of blood libels.
• Baal Shem Tov Born (1698)
Elul 18 is the birthday of Rabbi Israel Baal Shem Tov, the founder of Chassidism
Rabbi Israel was born in a small town in Ukraine in 1698. His father, Rabbi Eliezer, who was a member of the secret society of "hidden tzaddikim," passed away when young Israel was only five years old; his last words to his son were, "Fear nothing but G-d alone. Love every Jew with all your heart and all your soul."
The young orphan would spend much of his time wandering and meditating in the forests that surrounded his hometown; there, he one day met with one of his father's compatriots, and eventually joined their society. For many years, he lived disguised as a simple innkeeper and clay-digger, his greatness known only to a very small circle of fellow mystics and disciples. But on his 36th birthday, he was instructed by his master to "reveal" himself and publicly disseminate his teachings.
Drawing from the mystical "soul of Torah," the Baal Shem Tov ("Master of the Good Name," as he came to be known) taught about the spark of G-dliness that is to be found in every creation, and about the great love that G-d has for each and every one of His children, scholars and simple folk alike. He emphasized the importance of joyand simple faith in serving G-d, rather than asceticism. Initially, his teachings encountered fierce opposition from the scholarly elite and established leadership of the Jewish community; but many of those very scholars and communal leaders ended up becoming his devoted disciples. When Rabbi Israel passed at age 62 on Shavuot of 1760, the movement he founded was well on the way of becoming the most vital force in Jewish life.
Links:
Rabbi Israel Baal Shem Tov
• Chassidic Movement Founded (1734)After many years as a member of the society of "hidden tzaddikim", living under the guise of an ignorant clay-digger, Rabbi Israel Baal Shem Tov was instructed by his masters to reveal himself and begin to publicly disseminate his teachings. This he did on his 36th birthday, Elul 18, 5494 (1734).
• 1st Chabad Rebbe Born (1745)Rabbi Schneur Zalman of Liadi (1745-1812), founder of the "Chabad" branch of Chassidism, was born on Elul 18 of the year 5505 from creation -- the 47th birthday of his "spiritual grandfather", Rabbi Israel Baal Shem Tov (Rabbi Schneur Zalman was the disciple of the Baal Shem Tov's disciple and successor, Rabbi DovBer of Mezeritch).
Link: A brief biography of Rabbi Schneur Zalman
Daily Torah Study:
Chumash: Ki Tavo, 7th Portion Deuteronomy 29:1-29:8 with Rashi
• English / Hebrew Linear Translation
• Video Class
• Daily Wisdom (short insight)
Deuteronomy Chapter 29
1And Moses called all of Israel and said to them, "You have seen all that the Lord did before your very eyes in the land of Egypt, to Pharaoh, to all his servants, and to all his land; אוַיִּקְרָ֥א משֶׁ֛ה אֶל־כָּל־יִשְׂרָאֵ֖ל וַיֹּ֣אמֶר אֲלֵהֶ֑ם אַתֶּ֣ם רְאִיתֶ֗ם אֵ֣ת כָּל־אֲשֶׁר֩ עָשָׂ֨ה יְהֹוָ֤ה לְעֵֽינֵיכֶם֙ בְּאֶ֣רֶץ מִצְרַ֔יִם לְפַרְעֹ֥ה וּלְכָל־עֲבָדָ֖יו וּלְכָל־אַרְצֽוֹ:
2the great trials which your very eyes beheld and those great signs and wonders. בהַמַּסּוֹת֙ הַגְּדֹלֹ֔ת אֲשֶׁ֥ר רָא֖וּ עֵינֶ֑יךָ הָֽאֹתֹ֧ת וְהַמֹּֽפְתִ֛ים הַגְּדֹלִ֖ים הָהֵֽם:
3Yet until this day, the Lord has not given you a heart to know, eyes to see and ears to hear. גוְלֹֽא־נָתַן֩ יְהֹוָ֨ה לָכֶ֥ם לֵב֙ לָדַ֔עַת וְעֵינַ֥יִם לִרְא֖וֹת וְאָזְנַ֣יִם לִשְׁמֹ֑עַ עַ֖ד הַיּ֥וֹם הַזֶּֽה:
Yet…the Lord did not give you a heart to know: [I.e.,] to recognize the kind acts of the Holy One, Blessed is He, and [therefore] to cleave to Him.
ולא נתן ה' לכם לב לדעת: להכיר את חסדי הקב"ה ולידבק בו:
until this day: I heard that on the very day that Moses gave the Torah scroll to the sons of Levi-as the verse says, “And he gave it to the kohanim , the sons of Levi” (Deut. 31:9)-all Israel came before Moses and said to him: “Moses, our Teacher! We also stood at [Mount] Sinai and accepted the Torah, and it was [also] given to us! Why, then, are you giving the members of your tribe control over it, so that some day in the future they may claim, 'It was not given to you-it was given only to us!’” Moses rejoiced over this matter and it was on account of this, that he said to them, “This day, you have become a people [to the Lord your God]” (Deut. 27:9). [This meant:] “It is today that I understand that you cleave to the Omnipresent and desire Him.”
עד היום הזה: שמעתי שאותו היום שנתן משה ספר התורה לבני לוי, כמו שכתוב (לקמן לא, ט) ויתנה אל הכהנים בני לוי באו כל ישראל לפני משה ואמרו לו משה רבינו אף אנו עמדנו בסיני וקבלנו את התורה ונתנה לנו, ומה אתה משליט את בני שבטך עליה, ויאמרו לנו יום מחר לא לכם נתנה, לנו נתנה. ושמח משה על הדבר, ועל זאת אמר להם היום הזה נהיית לעם וגו' (לעיל כז, ט), היום הזה הבנתי שאתם דבקים וחפצים במקום:
4I led you through the desert for forty years [during which time] your garments did not wear out from upon you, nor did your shoes wear out from upon your feet. דוָֽאוֹלֵ֥ךְ אֶתְכֶ֛ם אַרְבָּעִ֥ים שָׁנָ֖ה בַּמִּדְבָּ֑ר לֹֽא־בָל֤וּ שַׂלְמֹֽתֵיכֶם֙ מֵֽעֲלֵיכֶ֔ם וְנַֽעַלְךָ֥ לֹא־בָֽלְתָ֖ה מֵעַ֥ל רַגְלֶֽךָ:
5You neither ate bread, nor drank new wine or old wine, in order that you would know that I am the Lord, your God. הלֶ֚חֶם לֹ֣א אֲכַלְתֶּ֔ם וְיַ֥יִן וְשֵׁכָ֖ר לֹ֣א שְׁתִיתֶ֑ם לְמַ֨עַן֙ תֵּֽדְע֔וּ כִּ֛י אֲנִ֥י יְהֹוָ֖ה אֱלֹֽהֵיכֶֽם:
6And then you arrived at this place. And Sihon, the king of Heshbon, and Og, the king of Bashan, came out towards us in battle, and we smote them. ווַתָּבֹ֖אוּ אֶל־הַמָּק֣וֹם הַזֶּ֑ה וַיֵּצֵ֣א סִיחֹ֣ן מֶֽלֶךְ־חֶ֠שְׁבּ֠וֹן וְע֨וֹג מֶֽלֶךְ־הַבָּשָׁ֧ן לִקְרָאתֵ֛נוּ לַמִּלְחָמָ֖ה וַנַּכֵּֽם:
And then you arrived at this place: Now you see yourselves in greatness and in honor; [but] do not rebel against the Omnipresent nor let your hearts become haughty; rather, “Observe the words of this covenant” (verse 8). Another explanation of “Yet… the Lord did not give you a heart to know” (verse 3): No one can fathom neither the depths of his teacher’s mind nor the wisdom of his studies before forty years. Hence, the Omnipresent was not strict with you until this day; but from now on [since today marks forty years for the people of Israel], He will be strict with you; and therefore: “Observe the words of this covenant…” (verse 8).
ותבאו אל המקום הזה: עתה אתם רואים עצמכם בגדולה וכבוד אל תבעטו במקום ואל ירום לבבכם, ושמרתם את דברי הברית הזאת. דבר אחר ולא נתן ה' לכם לב לדעת, שאין אדם עומד על סוף דעתו של רבו וחכמת משנתו עד ארבעים שנה ולפיכך לא הקפיד עליכם המקום עד היום הזה, אבל מכאן ואילך יקפיד ולפיכך (פסוק ח) ושמרתם את דברי הברית הזאת וגו':
7And we took their land, and we gave it as an inheritance to the Reubenites, the Gadites, and to the half tribe of Manasseh. זוַנִּקַּח֙ אֶת־אַרְצָ֔ם וַנִּתְּנָ֣הּ לְנַֽחֲלָ֔ה לָרֽאוּבֵנִ֖י וְלַגָּדִ֑י וְלַֽחֲצִ֖י שֵׁ֥בֶט הַֽמְנַשִּֽׁי:
8And you shall observe the words of this covenant and fulfill them, in order that you will succeed in all that you do. חוּשְׁמַרְתֶּ֗ם אֶת־דִּבְרֵי֙ הַבְּרִ֣ית הַזֹּ֔את וַֽעֲשִׂיתֶ֖ם אֹתָ֑ם לְמַ֣עַן תַּשְׂכִּ֔ילוּ אֵ֖ת כָּל־אֲשֶׁ֥ר תַּֽעֲשֽׂוּן:
Tehillim: Psalms Chapters 88 - 89
• Hebrew text
• English text
Special Custom for the Month of Elul and High Holidays
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
See below for today's additional chapters.
Chapter 88
The psalmist weeps and laments bitterly over the maladies and suffering Israel endures in exile, which he describes in detail.
1. A song, a psalm by the sons of Korach, for the Conductor, upon the machalat le'anot; 1 a maskil2 for Heiman the Ezrachite.
2. O Lord, God of my deliverance, by day I cried out [to You], by night I [offer my prayer] before You.
3. Let my prayer come before You; turn Your ear to my supplication.
4. For my soul is sated with affliction, and my life has reached the grave.
5. I was reckoned with those who go down to the pit, I was like a man without strength.
6. [I am regarded] among the dead who are free, like corpses lying in the grave, of whom You are not yet mindful, who are yet cut off by Your hand.
7. You have put me into the lowest pit, into the darkest places, into the depths.
8. Your wrath has weighed heavily upon me, and all the waves [of Your fury] have constantly afflicted me.
9. You have estranged my friends from me, You have made me abhorrent to them; I am imprisoned and unable to leave.
10. My eye is afflicted because of distress; I call to You, O Lord, every day; I have stretched out my hands [in prayer] to You.
11. Do You perform wonders for the deceased? Do the dead stand to offer You praise? Selah.
12. Is Your kindness recounted in the grave, your faithfulness in the place of perdition?
13. Are Your wondrous deeds known in the darkness [of the grave], or Your righteousness in the land of oblivion?
14. But, I, to You, O Lord, I cry; each morning my prayer comes before You.
15. Why, O Lord, do You forsake my soul? Why do You conceal Your countenance from Me?
16. From my youth I have been afflicted and approaching death, yet I have borne the fear of You which is firmly established within me.
17. Your furies have passed over me; Your terrors have cut me down.
18. They have engulfed me like water all day long, they all together surrounded me.
19. You have estranged from me beloved and friend; I have been rejected by my intimates.
FOOTNOTES
1.A musical instrument(Metzudot).
2.A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 89
This psalm speaks of the kingship of the House of David, the psalmist lamenting its fall from power for many years, and God's abandonment and spurning of us.
1. A maskil1 by Eitan the Ezrachite.
2. I will sing of the Lord's kindness forever; to all generations I will make known Your faithfulness with my mouth.
3. For I have said, "The world is built with kindness; there in the heavens You establish Your faithfulness.”
4. I have made a covenant with My chosen one; I have sworn to David, My servant:
5. "I will establish Your descendants forever; I will build your throne for all generations," Selah.
6. Then the heavens will extol Your wonders, O Lord; Your faithfulness, too, in the congregation of the holy ones.
7. Indeed, who in heaven can be compared to the Lord, who among the supernal beings can be likened to the Lord!
8. The Almighty is revered in the great assembly of the holy ones, awe-inspiring to all who surround Him.
9. O Lord, God of Hosts, who is mighty like You, O God! Your faithfulness surrounds You.
10. You rule the vastness of the sea; when its waves surge, You still them.
11. You crushed Rahav (Egypt) like a corpse; with Your powerful arm You scattered Your enemies.
12. Yours are the heavens, the earth is also Yours; the world and all therein-You established them.
13. The north and the south-You created them; Tabor and Hermon sing of [the greatness] of Your Name.
14. Yours is the arm which has the might; strengthen Your hand, raise high Your right hand.
15. Righteousness and justice are the foundation of Your throne; kindness and truth go before Your countenance.
16. Fortunate is the people who know the sound of the shofar; Lord, they walk in the light of Your countenance.
17. They rejoice in Your Name all day, and they are exalted through Your righteousness.
18. Indeed, You are the splendor of their might, and in Your goodwill our glory is exalted.
19. For our protectors turn to the Lord, and our king to the Holy One of Israel.
20. Then You spoke in a vision to Your pious ones and said: "I have granted aid to [David] the mighty one; I have exalted the one chosen from among the people.
21. I have found David, My servant; I have anointed him with My holy oil.
22. It is he whom My hand shall be prepared [to assist]; My arm, too, shall strengthen him.
23. The enemy shall not prevail over him, nor shall the iniquitous person afflict him.
24. And I will crush his adversaries before him, and will strike down those who hate him.
25. Indeed, My faithfulness and My kindness shall be with him, and through My Name his glory shall be exalted.
26. I will set his hand upon the sea, his right hand upon the rivers.
27. He will call out to Me, 'You are my Father, my God, the strength of my deliverance.’
28. I will also make him [My] firstborn, supreme over the kings of the earth.
29. I will maintain My kindness for him forever; My covenant shall remain true to him.
30. And I will bestow [kingship] upon his seed forever, and his throne will endure as long as the heavens last.
31. If his children forsake My Torah and do not walk in My ordinances;
32. if they profane My statutes and do not observe My commandments,
33. then I will punish their transgression with the rod and their misdeeds with plagues.
34. Yet I shall not take away My kindness from him, nor betray My faithfulness.
35. I will not abrogate My covenant, nor change that which has issued from My lips.
36. One thing I have sworn by My holiness-I will not cause disappointment to David.
37. His seed will endure forever and his throne will be [resplendent] as the sun before Me.
38. Like the moon, it shall be established forever; [the moon] is a faithful witness in the sky for all time.”
39. Yet You have forsaken and abhorred; You became enraged at Your anointed.
40. You annulled the covenant with Your servant; You have profaned his crown [by casting it] to the ground.
41. You shattered all his fences; You turned all his strongholds into ruin.
42. All wayfarers despoiled him; he has become a disgrace to his neighbors.
43. You have uplifted the right hand of his adversaries; You have made all his enemies rejoice.
44. You also turned back the blade of his sword, and did not sustain him in battle.
45. You put an end to his splendor, and toppled his throne to the ground.
46. You have cut short the days of his youth; You have enclothed him with long-lasting shame.
47. How long, O Lord, will You conceal Yourself-forever? [How long] will Your fury blaze like fire?
48. O remember how short is my life span! Why have You created all children of man for naught?
49. What man can live and not see death, can save his soul forever from the grave?
50. Where are Your former deeds of kindness, my Lord, which You swore to David in Your faithfulness?
51. Remember, my Lord, the disgrace of Your servants, that I bear in my bosom from all the many nations;
52. that Your enemies have disgraced, O Lord, that they have disgraced the footsteps of Your anointed.
53. Blessed is the Lord forever, Amen and Amen.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
Additional Three Chapters
The Baal Shem Tov instituted a custom of reciting three additional chapters of Psalms each day, from the 1st of Elul until Yom Kippur (on Yom Kippur the remaining 36 chapters are recited, thereby completing the entire book of Psalms).
Today's Chapters are 52, 53 and 54.
Chapter 52
David laments his suffering at the hands of Doeg, and speaks of Doeg's boasts about the evil he committed. David asks, "What does he think? Does he consider the doing of evil a mark of strength?" David also curses Doeg and those like him.
1. For the Conductor, a maskil by David,
2. when Doeg the Edomite came and informed Saul, saying to him, "David has come to the house of Achimelech.”
3. Why do you boast with evil, O mighty one? God's kindness is all day long.
4. Your tongue devises treachery; like a sharpened razor it works deceit.
5. You love evil more than good, falsehood more than speaking righteousness, Selah.
6. You love all devouring words, a deceitful tongue.
7. God will likewise shatter you forever; He will excise and pluck you from the tent, and uproot you from the land of the living forever.
8. The righteous will see it and be awed, and they will laugh at him:
9. "Here is the man who did not make God his stronghold, but trusted in his great wealth, and drew strength from his treachery.”
10. But I am like a fresh olive tree in the house of God; I trust in God's kindness forever and ever.
11. I will thank you forever for what You have done; I will hope in Your Name, for You are good to Your pious ones.
Chapter 53
This psalm speaks of when Titus pierced the curtain of the Holy of Holies with his sword, and thought he had killed "himself" (a euphemism for God).
1. For the Conductor, on the machalat,1 a mas-kil2 by David.
2. The fool says in his heart, "There is no God!" They have acted corruptly and committed abominable deeds; not one does good.
3. God looked down from heaven upon mankind, to see if there was any man of intelligence who searches for God.
4. But they all regressed together; they have become corrupt; there is none who does good, not even one.
5. Indeed, the evildoers who devour My people as they devour bread, who do not call upon God, will come to realize.
6. There they will be seized with fright, a fright such as never was; for God scatters the bones of those encamped against you. You shamed them, for God rejected them.
7. O that out of Zion would come Israel's deliverance! When God returns the captivity of His people, Jacob will exult, Israel will rejoice.
Chapter 54
A prayer to God asking that in His might He save all who hope for His kindness. Read, and you will discover an awe-inspiring and wondrous prayer that should be said by all in the appropriate time.
1. For the Conductor, with instrumental music, a maskil by David,
2. when the Ziphites came and said to Saul, "Behold, David is hiding among us!”
3. O God, deliver me by Your Name, and vindicate me by Your might.
4. God, hear my prayer, listen to the words of my mouth.
5. For strangers have risen against me, and ruthless men have sought my soul; they are not mindful of God, Selah.
6. Behold, God is my helper; my Lord is with those who support my soul.
7. He will repay the evil of my watchful enemies; destroy them by Your truth.
8. With a free-will offering I will sacrifice to You; I will offer thanks to Your Name, O Lord, for it is good.
9. For He has saved me from every trouble, and my eye has seen [the downfall of] my enemy.
Tanya: Iggeret HaKodesh, middle of Epistle 15
• English Text (Lessons in Tanya)
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Shabbat, Elul 18, 5777 · September 9, 2017
Today's Tanya Lesson
Iggeret HaKodesh, middle of Epistle 15
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אך צריך להקדים מה ששמעתי ממורי, עליו השלום, על פסוק: ואנכי עפר ואפר
But it is necessary to state first what I heard from my master, R. Dov Ber, the Maggid of Mezritch,peace be to him, on the verse,1 “And I am dust and ashes.”
שאמר אברהם אבינו, עליו השלום, על הארת נשמתו המאירה בגופו מאור חסד עליון
Our father Abraham, peace be to him, said this of the illumination from his soul which radiated in his body from the light of the Supreme Chesed.
והיא מדתו, מדת אהבה רבה
And that is his attribute: the attribute of ahavah rabbah (“magnanimous love”), that derived from the parent Sefirah called Chesed of Atzilut,
נוסח אחר: שבה היה שהיה אוהב את הקב״ה אהבה גדולה ועליונה כל כך, עד שנעשה מרכבה להקב״ה
for he loved (an alternative reading: “with which he loved”) the Holy One, blessed be He, with a love so great and sublime, that he became a chariot unto the Holy One, blessed be He.
Abraham’s degree of nullification to G‑d was that of a vehicle to its driver, having no independent will whatever. This is even greater than the subservience of a slave to his master, for the slave retains a will of his own.
וסלקא דעתך אמינא שבחינת חסד ואהבה שלמעלה בספירות העליונות, היא מעין וסוג מהות מדת אהבה רבה של אברהם אבינו, עליו השלום
Now one might possibly assume that the type of Chesed and love as it exists above in the Supernal Sefirot is of a similar nature to the attribute of abundant love [exemplified by] our father Abraham, peace be to him,
רק שהיא גדולה ונפלאה למעלה מעלה עד אין קץ ותכלית
though surpassing it infinitely.
כנודע ממדות העליונות, שאין להם קץ סוף ותכלית מצד עצמן
For it is known of the Supernal middot (“attributes”), that though their mode of emanation is finite,they themselves are essentially without end or limit,
כי אור אין סוף ברוך הוא מאיר ומלובש בתוכם ממש
because the [infinite] Ein Sof-light actually radiates and is vested within them,
ואיהו וגרמוהי חד
and “He and his middot (i.e., the kelim of the Sefirot) are One”; i.e., just as He is infinite, so too are they.
מה שאין כן בנשמת האדם, המלובשת בחומר
As regards the soul of man, however, which is vested in corporeality, in man’s body,
שיש למדותיה קץ וגבול
its attributes are finite and limited.
Thus, to revert to the above example, it is abundantly clear that the Supernal Sefirah of Chesed is infinitely loftier and more wondrous than its worldly counterpart — the attribute of Chesed and love in Abraham’s soul, which was vested within his body.
אבל מכל מקום, סלקא דעתך אמינא שמדותיה הן מעין וסוג מדות העליונות
Nevertheless, one might possibly assume that its attributes are of the same type as the Supernal attributes.
Until now the Alter Rebbe has explained that the Supernal Sefirah of Chesed is infinitely higher than Abraham’s attribute of love in this world. Now, in order to negate a comparison from any perspective whatever, he goes on to state that Abraham’s attribute of love is infinitely lower than the Supernal Sefirah of Chesed.
ולזה אמר: ואנכי עפר ואפר
This is why he said, “I am dust and ashes,”
דכמו שהאפר הוא מהותו ועצמותו של העץ הנשרף
that is, like ashes, which are the essence and substance of the burned wood;
שהיה מורכב מד׳ יסודות: אש, רוח, מים, עפר
for [the wood] was previously composed of the four basic elements — Fire, Air, Water and Earth, of which all matter is compounded,2
וג׳ יסודות: אש, מים, רוח, חלפו והלכו להם
and the three elements of Fire, Water and Air passed away
וכלו בעשן המתהוה מהרכבתן, כנודע
and were consumed in the smoke that came into being through their combination, as is known.
ויסוד הד׳ שהיה בעץ, שהוא העפר שבו, היורד למטה
As to the fourth element of the wood, namely its component of Earth, which goes downward, and does not ascend with the smoke,
ואין האש שולטת בו
and over which the fire has no dominion,
הוא הנשאר קיים, והוא האפר
it is this that remains in existence, and constitutes the ashes.
והנה כל מהות העץ, וממשו וחומרו וצורתו באורך ורוחב ועובי, שהיה נראה לעין קודם שנשרף
Now the whole of the essence of the wood, with its tangible substantiality, which does not result from the Fire, Water and Air within it, its matter, and its form in terms of length, width and density, which were visible to the eye before it was burned,
עיקרו היה מיסוד העפר שבו
derived basically from the element of Earth within it,
רק שאש, מים, רוח, כלולים בו
except that the Fire, Water and Air were also compounded in it.
כי העפר הוא חומרי יותר מכולן, ויש לו אורך ורוחב ועובי
For Earth is the most material of them all, of all the elements, having [dimensions of] length, width and density,
מה שאין כן באש ורוח
which is not the case with Fire and Air.
וגם המים, הם מעט מזעיר בעץ
And even Water, that does contain these dimensions, appears only sparingly in wood.
וכל ארכו ורחבו ועוביו, הכל היה מן העפר, והכל שב אל העפר
Thus, as to all the dimensions [in wood] of length, width and density,3 “All is of the earth, and all returns to earth,”
שהוא האפר הנשאר אחרי שנפרדו ממנו אש, מים, רוח
i.e., to the ashes that remain after the Fire, Water and Air have been separated from it.
Thus, the ash that remains is what was formerly the essence of the wood.
והנה, כמו שהאפר אין לו דמיון וערך אל מהות העץ הגדול באורך ורוחב ועובי קודם שנשרף, לא בכמותו ולא באיכותו
Now, just as there is neither a quantitative nor a qualitative resemblance or proportion between (on the one hand) the ashes and (on the other hand) the essence of the tree which, before being burned, had sizeable dimensions of length, width and density,
אף שהוא הוא מהותו ועצמותו, וממנו נתהוה
even though it (the wood) is its very essence and substance, and from it (the wood) did it (the ash)come into being,
כך, על דרך משל, אמר אברהם אבינו עליו השלום על מדתו, מדת החסד והאהבה, המאירה בו ומלובשת בגופו
precisely so, metaphorically speaking, did our father Abraham, peace be to him, speak of his distinctive attribute, the attribute of kindness and love, which radiated within him and was vested in his body.
דאף שהיא היא מדת האהבה וחסד העליון שבאצילות, המאיר בנשמתו שהיתה מרכבה עליונה
For though it was this very attribute of the love and Supreme Chesed of Atzilut that radiated in his soul, which was a chariot to [the will of] heaven,
אף על פי כן, ברדתה למטה להתלבש בגוף
nevertheless, as it descended downwards to vest itself in the body,
על ידי השתלשלות העולמות ממדרגה למדרגה, על ידי צמצומים רבים
by means of the evolution of the worlds from one level to another, by means of many contractions,
אין דמיון וערך מהות אור האהבה המאיר בו, אל מהות אור אהבה וחסד עליון שבאצילות
there was no semblance or proportion between the essence of the light of the love that radiated within him, and the essence of the light of the love and Supreme Chesed of Atzilut,
אלא כערך ודמיון מהות העפר שנעשה אפר, אל מהותו ואיכותו כשהיה עץ נחמד למראה וטוב למאכל, על דרך משל
except of the sort of proportion and semblance that exists (metaphorically speaking) between the essence of the element of Earth which became ashes, and its essence and quality in its original state as a tree,4 “pleasant to the sight and good for food.”
ויותר מזה, להבדיל באלפים הבדלות
Indeed, [the incomparability of Abraham’s Chesed and the Chesed of Atzilut] exceeds [the incomparability of the ash and the tree] by thousands of degrees of separation.
רק שדברה תורה כלשון בני אדם, במשל ומליצה
Nevertheless, the Torah speaks in human phraseology, by way of allegory and metaphor; hence its use of the analogy of the tree, despite its inherent disproportion.
Surely, then, the attributes and soul-powers of an ordinary Jew in this world bear absolutely no comparable relation to the Sefirot from which they derive. Nonetheless, since his soul-powers do after all derive from the Sefirot and are illuminated by them, he can attain some degree of understanding of G‑dliness from that dimension of the soul that animates his body. And this is the meaning of the verse, “From my flesh shall I behold G‑d.”
* * *
| FOOTNOTES | |
| 1. | Bereishit 18:27. |
| 2. | Rambam, Hilchot Yesodei HaTorah, beginning of ch. 4. |
| 3. | Cf. Kohelet 3:20. |
| 4. | Bereishit 2:9. |
• Sefer Hamitzvot:
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Shabbat, Elul 18, 5777 · September 9, 2017
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
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Positive Commandment 179
Examining the Witnesses
"You shall inquire, search, and ask diligently"—Deuteronomy 13:15.
Judges are commanded to deliberately, thoroughly and painstakingly cross-examine witnesses, and only then to issue a verdict and punish.
Full text of this Mitzvah »
Examining the Witnesses
Positive Commandment 179
Translated by Berel Bell
The 179th mitzvah is that we are commanded to investigate and examine the witnesses' testimony before inflicting punishment and issuing a legal decision. We must be as exact as possible in order to avoid making innocent people guilty by reaching a decision based on first impressions and in haste.
The source of this commandment is G‑d's statement1 (exalted be He), "You must investigate and examine, making careful inquiry. And if it is established to be true..." [then you must carry out the punishment].
The details of this mitzvah and its various categories — including how to investigate,2 how to examine,3 how precise we must be, and when the testimony is accepted or rejected based on the investigation — are explained in tractate Sanhedrin.4
FOOTNOTES
1.Deut. 13:15.
2.The questions referred to as d'rishos address the main subject of the testimony, such as which idol was worshiped, what was the murder weapon, etc. See Hilchos Eidus, Ch. 1, Halachah 4; S'ma, Choshen Mishpat 30:5.
3.The questions referred to as chakiros include the time (i.e. the year, the year of the shemitah cycle, the month, the date, the day of the week, the hour) and the location where the act took place. There are a total of seven chakiros. See Hilchos Eidus, ibid.
4.40a ff.
Rambam:
• 1 Chapter A Day: Avel Avel - Chapter 9
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1
Whenever a person rends his garments after the loss of a relative other than a parent, he may sew the tear after the seven days of mourning and mend it after thirty days. For one's father and mother, he may sew the tear after thirty days, but may never mend it. A woman should rend her garments and sew them immediately, even when she lost a father or mother, as an expression of modesty.
א
כל הקרעים שקורע אדם על שאר קרוביו שולל הקרע לאחר שבעה ומאחה לאחר שלשים על אביו ועל אמו שולל לאחר שלשים ואינו מאחה לעולם והאשה קורעת ושוללת מיד אפילו על אביה ועל אמה מפני הצניעות:
2
Just as a person must rend his garments for the loss of his father and mother; so, too, he is obligated to rend his garments for the loss of a teacher who instructed him in the Torah, a nasi, the av beit din, the majority of the community who were slain, the cursing of God's name, the burning of a Torah scroll, when seeing the cities of Judah, Jerusalem, and the Temple in their destruction.
ב
כדרך שקורע אדם על אביו ועל אמו כך חייב לקרוע על רבו שלמדו תורה ועל הנשיא ועל אב בית דין ועל רוב הצבור שנהרג ועל ברכת השם ועל ספר תורה שנשרף ועל ערי יהודה ועל ירושלים ועל המקדש:
3
All of these tears should be rent to the extent that one reveals his heart and they should never be mended. Although they should never be mended, they may be sewed irregularly, sewn after the sides are wound or twisted together, or sewn like ladders. All that was forbidden was Alexandrian mending.
Whenever a person tears a garment in a place where it was sewn irregularly or sewn after the sides were wound and twisted together, his act is of no consequence. If, however, he rips a garment where it has been mended in an Alexandrian manner, it is of consequence.
Even one turns a rent garment upside down and makes its collar its hem, he should not mend it.
ג
כל אלו הקרעים קורע עד שמגלה את לבו ואינו מאחה לעולם ואף על פי שאין מתאחין מותר לשוללן למללן וללקטן ולעשותם כמין סולמות ולא אסרו אלא באיחוי אלכסנדרי בלבד וכל הקורע מתוך השלל או המלל או הלקוט לא עשה כלום אבל קורע מתוך האיחוי האלכסנדרי בלבד אפילו הפך הכלי ונעשה שפתו למטה לא יאחה:
4
Just as the seller may not mend it; so, too, the purchaser may not. Therefore the seller must notify the purchaser that this tear may not be mended.
ד
וכשם שהמוכר אסור לאחותו כך הלוקח לפיכך המוכר צריך להודיע ללוקח שקרע זה אינו מתאחה:
5
What is the source that teaches that one is obligated to rend his garments at his teacher's death just as he rends his garments for his father? II Kings 2:12 states: "He was calling out: 'My father, my father, the chariot of Israel and its horsemen.' And then he no longer saw him. And he took hold of his garments and tore them into two halves." This teaches that one must rip apart the collar.
ה
ומנין שקורע על רבו כדרך שקורע על אביו שנאמר והוא מצעק אבי אבי רכב ישראל ופרשיו ולא ראהו עוד ויחזק בבגדיו ויקרעם לשנים קרעים מכאן שחייב להבדיל השפה:
6
What is the source that teaches that one is obligated to rend his garments at the death of the nasi, the av beit din, and a report that the majority of the community have been slain? II Samuel 1:11-12 relates: "David took hold of his garments and rent them as did all the people who were with him. They mourned, they cried, and they fasted until the evening for Saul - the nasi - for his son Jonathan - the av beit din - and for the people of God and the House of Israel for they fell by the sword" - this is an unfavorable report.
ו
ומנין שקורעין על הנשיא ועל אב בית דין ועל שמועה שבאה שנהרג רוב צבור שנאמר ויחזק דוד בבגדיו ויקרעם וגם כל האנשים אשר אתו ויספדו ויבכו ויצומו עד הערב על שאול זה נשיא ועל יהונתן בנו זה אב"ד ועל עם ה' ועל בית ישראל כי נפלו בחרב זו שמועה רעה:
7
What is the source which teaches that one is obligated to rend his garments when hearing the blasphemy of God's name? II Kings 18:37 states: "And Elyakim ben Chilkiyah who oversaw the palace, Shevna the scribe, and Yoach ben Asaf the secretary, came to Chizkiyahu with rent garments." Just as one who hears the blasphemy itself must rend his garments; so, too, one who hears the report of the blasphemy from the listeners must rend his garments.
ז
ומנין שקורעין על ברכת השם שנאמר ויבא אליקים בן חלקיהו אשר על הבית ושבנא הסופר ויואח בן אסף המזכיר אל חזקיהו קרועי בגדים אחד השומע ואחד השומע מפי שומע חייבין לקרוע:
8
The witnesses are not obligated to rend their garments when they testify in court, for they already tore them when they heard the blasphemy.
ח
והעדים אין חייבין לקרוע כשיעידו בבית דין שכבר קרעו בשעה ששמעו:
9
What is the source which teaches that one is obligated to rend his garments for a Torah scroll that is burnt? Jeremiah 36:23-24 states: "And it came to pass that when Yehudi would read three or four columns... until the entire scroll was consumed by the fire in the hearth. And neither the king nor his servants became fearful, nor did they rend their garments." Implied is that one is obligated to rend one's garments.
One is obligated to rend one's garments only because of a Torah scroll that was burnt arrogantly as in the incident cited. One is obligated to rend one's garments twice: once for the parchment and once for the writing, as ibid.:27 states: "After the king burnt the scroll and the words."
ט
ומנין שקורעין על ספר תורה שנשרף שנאמר ויהי כקרא יהודי שלש דלתות וארבעה וגו' עד תם כל המגילה על האש אשר על האח ולא פחדו ולא קרעו את בגדיהם המלך וכל עבדיו מכלל שחייבין לקרוע ואין חייבין לקרוע אלא על ספר תורה שנשרף בזרוע כמעשה שהיה וחייב לקרוע שתי קריעות אחת על הגויל ואחת על הכתב שנאמר אחרי שרוף המלך את המגילה ואת הדברים:
10
What is the source which teaches that one is obligated to rend his garments when seeing the cities of Judah, Jerusalem, and the Temple in their destruction? Jeremiah 41:5 relates: "Men came from Shechem, from Shiloh, and from Samaria, eighty men with their beards shaven and their garments rent."
י
ומנין שקורעין על ערי יהודה ועל ירושלים ועל המקדש שחרבו שנאמר ויבואו אנשים משכם ומשילה ומשומרון שמונים איש מגולחי זקן וקרועי בגדים:
11
Whoever is present with a dying person at the time his soul expires is obligated to rend his garments even if he is not his relative. Similarly, when a virtuous person dies, everyone is obligated to rend his garments because of him, even though he is not a sage. They tear them a handbreadth as other mourners do. When, however, a sage dies, everyone is considered as his relative. They rend their garments for him until they reveal their hearts and uncover their right arms. The house of study of that sage should be discontinued for all seven days of mourning.
Torah scholars have universally accepted the custom of rending their garments for a handbreadth in respect for each other even though they are equal in stature and neither of them teaches the other.
יא
כל מי שעמד עם המת בשעת יציאת נשמתו אע"פ שאינו קרובו חייב לקרוע וכן אדם כשר שמת הכל חייבין לקרוע עליו אף על פי שאינו חכם וקורעין טפח כשאר האבלים אבל חכם שמת הכל קרוביו והכל קורעין עליו עד שמגלין את לבם וחולצין מימין ובית מדרשו של אותו חכם בטל כל שבעה וכבר נהגו תלמידי חכמים בכל מקום לקרוע זה על זה טפח אע"פ שהן שוין ואין אחד מהם מלמד את חבירו:
12
Whenever a person rends his garments because of a sage who dies, as soon as he turns away from the bier, he may sew it irregularly. It appears to me that when a person rends his garments for a sage, he may mend them on the following day. For even when his teacher dies, one should mourn for him for only one day, either the day of his death or the day he hears the report of his death.
Similarly, it appears to me that a person who rends his garments because of the death of the nasi or the like may sew them irregularly on the following day even though he may never mend them.
יב
כל הקורעים על החכם שמת כיון שהחזירו פניהן מאחורי המטה שוללין ויראה לי שהקורע על החכם מאחה למחר שאפילו רבו שמת אין מתאבל עליו אלא יום אחד בלבד או יום מיתה או יום שמועה וכן יראה לי שהקורע על הנשיא וכיוצא בו שולל למחר אף על פי שאינו מאחה עליהם לעולם:
13
When a report comes that a sage has died, we rend our garments only at the time he is eulogized. This is the honor granted to him. One may sew the garment that day and mend it on the following day.
יג
חכם שבאה שמועתו שמת אין קורעין עליו אלא בשעת הספדו וזהו כבודו ושולל בו ביום ומאחה למחר:
14
When the Av Beit Din dies, everyone rends their garments because of him and uncovers their left arm. All of the houses of study in the city are discontinued. The members of the synagogue enter the synagogue and change their places. Those who sit at the south should sit at the north and those who sit at the north should sit at the south.
יד
אב בית דין שמת הכל קורעין עליו וחולצין משמאל וכל בתי מדרשות שבעירו בטלין ובני בית הכנסת נכנסין לבית הכנסת ומשנין את מקומן היושבין בדרום ישבו בצפון והיושבים בצפון ישבו בדרום:
15
When a nasi dies, everyone rends their garments because of him and uncovers both arms. All of the houses of study are discontinued. The members of the synagogue enter the synagogue on the Sabbath, call seven men to the Torah reading and depart. They should not stroll in the market place, but instead should sit together in families mourning the entire day.
טו
נשיא שמת הכל קורעין עליו וחולצין שתי הידים מכאן ומכאן ובכל בתי מדרשות בטלים ובני בית הכנסת נכנסין בשבת לבית הכנסת וקוראין שבעה ולא יטיילו בשוק אלא יושבין משפחות משפחות דוים כל היום:
Rambam:
• 3 Chapters A Day: Edut Edut - Chapter 2, Edut Edut - Chapter 3, Edut Edut - Chapter 4
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1
What is the difference between the chakirot and the derishot and the bedikot? With regard to the chakirot and the derishot, if one witness gave specific testimony and the second said: "I do not know," their testimony is of no consequence. With regard to the bedikot, by contrast, even if both of them say: "I don't know," their testimony is allowed to stand. If, however, they contradict each other, even with regard to the bedikot, their testimony is nullified.
What is implied? The witnesses testified that one person killed another. One of the witnesses specified the year of the seven year cycle, the year, the month, the date, the day of the week, Wednesday, the time, 12 noon, and the place of the murder. Similarly, they asked him: "With what did he kill him?", and he answered: "With a sword." If the second witnesses outlined his testimony in the same manner except for the time, i.e., he said: "I do not know the time of day at which the murder took place," or he was able to specify the time, but said: "I don't know what he used to kill him. I did not take notice of the murder weapon," their testimony is nullified. If, however, they outlined all the above factors identically, but were asked: "Was he dressed in black or white?" their testimony is allowed to stand if they replied: "We don't know. We did not pay attention to factors like these which are of no consequence."
א
מה בין חקירות ודרישות לבדיקות בחקירות ודרישות אם כיון האחד את עדותו והשני אומר איני יודע עדותן בטלה אבל בבדיקות אפילו שניהן אומרין אין אנו יודעין עדותן קיימת ובזמן שהן מכחישין זה את זה אפילו בבדיקות עדותן בטלה כיצד העידו שהרג זה את זה ואמר האחד כשנחקר בשבוע פלוני בשנה פלונית בחדש פלוני בכך וכך בחדש ברביעי בשבת בשש שעות ביום במקום פלוני הרגו וכן כשדרשו במה הרגו אמר הרגו בסייף וכן העד השני כיון עדותו בכל חוץ מן השעות שאמר איני יודע בכמה שעות היה ביום או שכיון את השעות ואמר איני יודע במה הרגו ולא הבנתי בכלי שהיה בידו הרי עדותן בטלה אבל אם כיוונו הכל ואמרו להן הדיינים כליו היו שחורים או לבנים ואמרו אין אנו יודעים ולא שמנו לבנו לדברים אלו שאין להן ממש הרי עדותן קיימת:
2
If one of the witnesses said: "He was wearing black clothes," and the second one said: "That is not so," he was wearing white clothes, their testimony is nullified. It is as one said: "It took place on Wednesday," and the other said: "It took place on Thursday," in which instance, the testimony is of no consequence. Or it can be compared to a situation where one said: ""He killed him with a sword," and the other says: "He killed him with a lance." The need for corroboration of the witnesses' testimony is derived from Deuteronomy 13:15 which states: "And the matter is precise." If they contradicted each other in any matter, their testimony is not precise.
ב
אמר אחד כלים שחורים היה לבוש והשני אמר לא כן אלא לבנים היה לבוש הרי עדותן בטלה וכאילו אמר אחד ברביעי בשבת והשני בחמישי שאין כאן עדות או שאמר האחד בסייף הרגו והשני אמר ברומח שאין כאן עדות שנאמר נכון הדבר וכיון שהכחישו זה את זה באי זה מכל הדברים אין זה נכון:
3
The following rules apply if there were many witnesses. If two of them testified in a like manner with regard to the chakirot and the derishot, their testimony is allowed to stand and the defendant is executed, even though the third witness says: "I don't know." If, however, that witness contradicts the other two, even with regard to the bedikot, their testimony is nullified.
ג
היו העדים מרובים שנים מהן כיוונו עדותן בחקירות ובדרישות והשלישי אומר איני יודע תתקיים העדות בשנים ויהרג אבל אם הכחיש את שניהן אפילו בבדיקות עדותן בטלה:
4
If one witness says: "The murder took place on Wednesday, the second of the month," and another says: "It took place on Wednesday, the third of the month," their testimony is allowed to stand. Although there is a contradiction between them, we assume that one knew that an extra day was added to the month, and one did not know.
Until when does the above apply? Until the middle of the month. After the middle of the month, by contrast, e.g., one said: "It took place on the sixteenth of the month," and the second said: "It took place on the seventeenth of the month," their testimony is nullified even though both of them spoke about the same day of the week. The rationale is that by the middle of the month, every one knows when Rosh Chodesh was commemorated.
ד
עד אחד אומר ברביעי בשבת בשנים לחדש והשני אומר ברביעי בשבת בשלשה לחדש עדותן קיימת שזה יודע בעיבורו של חדש וזה אינו יודע בד"א עד חצות החדש אבל אחר חצות החדש כגון שאמר האחד בששה עשר בחדש והשני אומר בשבעה עשר בחדש אף על פי שכיוונו שניהם יום אחד מימי השבת עדותן בטלה שאין חצי החדש בא וכבר ידעו הכל אימתי היה ראש החדש:
5
If, however, one witness says: "It took place on the third of the month," and the other says: "It took place on the fifth of the month," their testimony is nullified.
If one witness says: "It took place during the second hour of the day," and the other says: "It took place during the third hour," their testimony is allowed to stand. The rationale is that it is common for people to err with regard to one hour. If, however, one says: "It took place during the third hour," and the other says: "It took place during the fifth hour," their testimony is nullified.
If one witness says: "It took place before sunrise," and the other says: "It took place at sunrise," their testimony is nullified. Even though the discrepancy between them is less than one hour, the matter is evident to all. Similar concepts apply with regard to sunset.
ה
אמר האחד בשלשה והשני אומר בחמשה עדותן בטלה אמר עד אחד בשתי שעות ביום והשני אומר בשלש שעות הרי עדותן קיימת שדרך העם לטעות בשעה אחת אבל אם אמר האחד בשלש שעות והשני אומר בחמש עדותן בטלה אמר עד אחד קודם הנץ החמה ואחד אומר בהנץ החמה עדותן בטלה אע"פ שהיא שעה אחת שהדבר ניכר לכל וכן אם נחלקו בשקיעתה:
Edut - Chapter 3
1
The questioning and interrogation of witnesses is required with regard to cases involving both monetary law and capital punishment, as Leviticus 24:22 states: "You shall have one judgment." Nevertheless, our Sages ordained that witnesses in cases involving financial law not be questioned or interrogated, lest this prevent loans from being given.
What is implied? If witnesses say: "So-and-so lent so-and-so a maneh in this year," their testimony is allowed to stand even though they did not specify the month or the place in which the maneh was given, nor did they say of which coinage the maneh was.
א
אחד דיני ממונות ואחד דיני נפשות בדרישה וחקירה שנאמר משפט אחד יהיה לכם אבל אמרו חכמים כדי שלא תנעול דלת בפני לוין אין עדי ממון צריכין דרישה וחקירה כיצד אמרו העדים בפנינו הלוה זה את זה מנה בשנה פלונית אף על פי שלא כיוונו את החדש ולא את המקום שהלוה בו ולא את המנה אם היה ממטבע פלוני או ממטבע פלוני עדותן קיימת:
2
When does the above apply? With regard to admissions of liability, loans, presents, sales, and the like. Cases involving fines, by contrast, require the full process of questioning and interrogation. Needless to say, this applies with regard to cases involving the penalties of lashes and exile. Similarly, if a judge perceives that a claim may be contrived and his suspicions are aroused, questioning and interrogation is necessary even with regard to cases involving financial matters.
ב
במה דברים אמורים בהודאות והלואות מתנות ומכירות וכיוצא בהן אבל בדיני קנסות צריכין דרישה וחקירה ואין צריך לומר במלקות ובגלות וכן אם ראה הדיין שהדין מרומה וחשש לו צריך דרישה וחקירה:
3
Although there is no requirement to subject witnesses in cases involving monetary law to the full process of questioning and interrogation, if the witnesses contradict each other with regard to the derishot or the chakirot, their testimony is nullified. If the witnesses contradict each other with regard to the bedikot, their testimony is allowed to stand.
What is implied? One witness says: "He borrowed from him in Nissan," and the other witness says: "No, he borrowed in Iyar," their testimony is nullified. Or one says: "The loan was given in Jerusalem," and the second says: "No; we were in Lod," their testimony is nullified. Similarly, if one says: "He lent him a barrel of wine," and the other says: "It contained oil," their testimony is nullified, for they contradicted themselves with regard to the fundamental questions.
If, by contrast, one said: "He lent him a black maneh," while the other said: "It was a white maneh. One said: "They were in the upper storey when he made the loan," and the other said: "They were in the lower storey," their testimony is allowed to stand. Moreover, even if one said: "He lent him a maneh and the other, "He lent him two hundred," the defendant is obligated to pay him at least a maneh, because 200 contains 100. Similarly, if one said: "He owes him the cost of a barrel of wine," and the other says: "...a barrel of oil," the defendant is required to pay the lesser amount of the two. Similar concepts apply in all analogous situations.
ג
אע"פ שאין עדי ממונות צריכין דרישה וחקירה אם הכחישו העדים זה את זה בדרישות או בחקירות עדותן בטילה ואם הכחישו העדים זה את זה בבדיקות עדותן קיימת כיצד אחד אומר בניסן לוה ממנו והשני אומר לא כי אלא באייר או שאמר האחד בירושלים והשני אומר לא כי אלא בלוד היינו עדותן בטילה וכן אם אמר האחד חבית של יין הלוהו והשני אומר של שמן היתה עדותן בטילה שהרי הכחישו בדרישה אבל אם אמר האחד מנה שחור והשני אומר מנה לבן היה זה אומר בדיוטא העליונה היו כשהלוהו והשני אומר בדיוטא התחתונה היו עדותן קיימת אפילו אמר האחד מנה הלוהו והשני אומר מאתים חייב לשלם מנה שיש בכלל מאתים מנה וכן אם אמר האחד דמי חבית של יין יש לו בידו וזה אומר דמי חבית של שמן משלם בפחות שבדמים וכן כל כיוצא בזה:
4
According to Scriptural Law, we do not accept testimony - neither in cases involving financial matter, nor in cases involving capital punishment - except orally from the witnesses, as implied by Deuteronomy 17:6: "On the basis of two witnesses...." Implied is that testimony is accepted only orally, and not on the basis of their written statements.
According to Rabbinic Law, however, we decide cases involving financial matters on the basis of testimony recorded in a legal document even if the witnesses are no longer alive. This measure was enacted lest the alternative prevent loans from being given. We do not adjudicate cases involving fines on the basis of testimony recorded in a legal document. Needless to say, cases involving lashes or exile are decided only on the basis of verbal testimony, not on the basis of a written document.
ד
דין תורה שאין מקבלין עדות לא בדיני ממונות ולא בדיני נפשות אלא מפי העדים שנאמר על פי שנים עדים מפיהם ולא מכתב ידן אבל מדברי סופרים שחותכין דיני ממונות בעדות שבשטר אף על פי שאין העדים קיימים כדי שלא תנעול דלת בפני לוין ואין דנין בעדות שבשטר בדיני קנסות ואין צריך לומר במכות ובגלות אלא מפיהן ולא מכתב ידן:
5
In both cases involving financial matters and cases involving capital punishment, once a witness has testified and has been questioned in court, he cannot retract.
What is implied? If the witness state: "I testified in error," "I inadvertently forgot the details and now remembered that it was not so," or "I testified only out of fear of him" we do not heed him, even if he provides an explanation for his statements. Similarly, he cannot add that any of the matters he mentioned in his testimony were conditional.
The general principle is: Any statement made by a witness after his testimony was delivered and questioned that will lead to the nullification of that testimony or that adds a condition to the points stated is not heeded.
ה
כל עד שנחקרה עדותו בבית דין בין בדיני ממונות בין בדיני נפשות אין יכול לחזור בו כיצד אמר מוטעה הייתי שוגג הייתי ונזכרתי שאין הדבר כן לפחדו עשיתי אין שומעין לו אפילו נתן טעם לדבריו וכן אינו יכול להוסיף בעדותו תנאי כללו של דבר כל דברים שיאמר העד אחר שנחקרה עדותו שיבא מכללן ביטול העדות או הוספת תנאי בה אין שומעין לו:
6
Witnesses who sign a legal document are considered as if their testimony was delivered and questioned by a court of law. They cannot retract it.
When does the above apply? When the authenticity of the document can be verified without their testimony, e.g., other witness who could testify that it was their signatures were present or their signatures were found on other legal documents. If, however, the authenticity of the document could not be verified without their testimony and they said: "This is our handwriting, but we were compelled to do it," "...We were below majority at the time," "...We were related to the litigants," "...We were deceived," their statements are accepted and the legal document is nullified.
ו
עדים החתומים על השטר הרי זה כמי שנחקרה עדותן בבית דין ואין יכולין לחזור בהן בד"א כשאפשר לקיים השטר שלא מפיהן כגון שהיו שם עדים שזה כתב ידן או שהיה כתב ידן יוצא ממקום אחר אבל אם אי אפשר לקיים את השטר אלא מפיהן ואמרו כתב ידינו הוא זה אבל אנוסים היינו קטנים היינו קרובים היינו מוטעים היינו הרי אלו נאמנים ויבטל השטר:
7
If the witnesses say: "We were not acceptable as witnesses because of a transgression we violated," or "We took a bribe to testify on this document," their word is not accepted. The rationale is that a person's own testimony can never be used to have him considered as wicked. Instead, two witnesses must testify that he is wicked.
Similarly, if the witnesses say: "Our words were given on faith, their words are not accepted. For a person who signs as a witness on a promissory note given on faith is considered as if he gave false testimony.
ז
אמרו פסולי עדות היינו בעבירה או שוחד לקחנו על עדות זו אין נאמנים שאין אדם משים עצמו רשע עד שיעידו עליו עדים שהוא רשע וכן אם אמרו אמנה היו דברינו אין נאמנים שהמעיד על שטר אמנה כמעיד בשקר:
8
If witnesses say: "A protest was made by the seller to us with regard to this deed of sale," their words are accepted even though their signatures were found on other legal documents.
ח
אמרו העדים שטר מכר זה מודעה נמסרה לנו עליו אע"פ שכתב ידן יוצא ממקום אחר הרי אלו נאמנין:
9
When the witnesses signed on the document say: "The legal document was composed conditionally," their word is not accepted if their signatures were found on other legal documents. If, however, the authenticity of the document could not be verified without their testimony, their statements are accepted and we tell the litigants: "Fulfill the condition and then bring the matter to judgment."
ט
אמרו על תנאי היה שטר זה אם היה כתב ידן יוצא ממקום אחר אין נאמנין ואם אין השטר מתקיים אלא מפיהם נאמנים ואומר לבעלי הדין קיימו התנאי ובואו לדון:
10
If one of the witnesses says: "The transaction was made conditionally," and the other says, "There was no condition involved," the testimony of the one witness is of consequence.
י
אמר אחד מן העדים על תנאי היו הדברים והשני אומר לא היה שם תנאי הרי כאן עד אחד:
11
Also in laws involving financial matters, we receive testimony only in the presence of the litigants. If, however, the plaintiff was deathly ill or the witnesses desired to travel overseas and the defendant was summoned and yet did not come, we receive the testimony outside his presence.
When does the above apply? To testimony given orally. The authenticity of the signatures of a legal document, by contrast, may be verified outside the defendant's presence. Moreover, even if the defendant is present and protests vociferously: "This document is a forgery," "They are false witnesses," or "They are unacceptable witnesses," we pay no heed to him. Instead, we verify the authenticity of the document. If the defendant brings proof which disqualifies the document, it is disqualified.
יא
גם בדיני ממונות אין מקבלין עדות אלא בפני בעל דין אם היה בעל דין חולה או שהיו העדים מבקשים לילך למדינת הים ושלחו לבעל דין ולא בא הרי אלו מקבלים עדים שלא בפניו במה דברים אמורים בעדות על פה אבל בשטר מקיימין בית דין את עדיו שלא בפני בעל דין ואפילו היה עומד וצווח ואומר שטר מזוייף הוא עדי שקר הן פסולי עדות הן אין משגיחין בו אלא מקיימין את השטר ואם יש לו ראיה לפסול יפסול:
12
Whenever a plaintiff has witnesses who will testify to prove his claim, he must tend to the witnesses until he brings them to court. If the court knows that the defendant is a strong and stubborn person and the plaintiff claims that the witnesses are afraid to come and testify on behalf of the plaintiff, the court compels the defendant to bring the witnesses. We adjudicate cases involving strong and stubborn people according to these and other analogous principles.
יב
כל מי שיש לו ראיה בעדים מטפל בעדים עד שיביאם לבית דין ואם ידעו בית דין שבעל דינו אלם וטען התובע שהעדים מתפחדים מבעל דינו שיבואו ויעידו לו הרי בית דין כופין את בעל דינו שיביא הוא העדים וכן כל כיוצא בדברים אלו דנין בהן לאלם:
Edut - Chapter 4
1
Both witnesses in cases involving capital punishment must see the person committing the transgression at the same time. They must deliver their testimony together, in the same court. These requirements do not apply with regard to cases involving financial matters.
What is implied? If while looking from one window, a witness saw the person commit the transgression and the other witness saw him from the other window, their testimonies can be combined if they see each other. If they cannot see each other, their testimonies cannot be combined. If a person who administered the warning sees the witnesses and the witnesses see him, because of the person administering the warning, their testimony is combined even though they do not see each other.
If they do not see the transgression at the same time, their testimony is not combined. For example, the two witnesses were in one house and one stuck his head out of the window and saw a person perform a forbidden labor on the Sabbath and another person issue a warning. He then thrust in his head and the other witness stuck his head out of the same window and saw the person commit the transgression. Their testimonies cannot be combined unless they both see the transgression at the same time.
The following laws apply when two witnesses see the transgressor from one window, two other witnesses see him from another window, and there is a person who gives a warning in between. If some of them see each other, they are considered as one group of witnesses. If they do not see each other and the person giving the warning does not include them together, they are considered as two groups of witnesses. Therefore if one group are discovered to be zomamim, the transgressor and the witnesses are executed. For the transgressor is executed on the basis of the testimony of the second group of witnesses.
א
עדי נפשות צריכין שיהיו שניהם רואים את העושה עבירה כאחד וצריכין להעיד כאחד ובבית דין אחד אבל דיני ממונות אין צריכין לכך כיצד היה אחד רואהו מחלון זה כשעבר העבירה והעד האחר רואהו מחלון אחר אם היו שני העדים רואין זה את זה מצטרפין ואם לאו אין מצטרפין היה זה המתרה בו רואה העדים והעדים רואין אותו אף על פי שאין רואין זה את זה המתרה מצרפן היו שני העדים בבית אחד והוציא אחד מהן ראשו מן החלון וראהו זה שעושה מלאכה בשבת ואחד מתרה בו והכניס ראשו וחזר העד השני והוציא ראשו מאותו החלון וראהו אין מצטרפין עד שיראו שניהם כאחד היו שני עדים רואין אותו מחלון זה ושני עדים רואין אותו מחלון אחר ואחד מתרה בו באמצע בזמן שמקצתן רואין אלו את אלו הרי זו עדות אחת ואם לא היו רואין אלו את אלו ולא צירף אותן המתרה הרי אלו שתי עדויות לפיכך אם נמצאת כת אחת מהן זוממין הוא והן נהרגין שהרי הוא נהרג בעדות הכת השניה:
2
With regard to cases involving financial matters, by contrast, even though they did not see each other, their testimony can be combined.
What is implied? One witness said: "In my presence, he lent money him on this-and-this day" or "In my presence, he acknowledged a debt," and the second witness says: "I also testify that he lent him money" or "...acknowledged a debt" on a different day, their testimony can be combined.
ב
אבל בדיני ממונות אע"פ שלא ראו אלו את אלו עדותן מצטרפת כיצד אמר האחד בפני הלוהו ביום פלוני או בפני הודה לו ואמר העד השני וכן אני מעיד שהלוהו בפני או הודה ביום אחר הרי אלו מצטרפין:
3
Similarly, if one witness states: "He gave a loan in my presence," and the other said: "He acknowledged a debt in my presence," or the first said: "He acknowledged a debt in my presence," and the other testified afterwards, saying: "He gave a loan in my presence," their testimony can be combined.
ג
וכן אם אמר האחד בפני הלוהו והשני אומר בפני הודה לו או שאמר הראשון בפני הודה והשני שהעיד אחר זמן אמר בפני הלוהו הרי אלו מצטרפין:
4
Similar concepts apply with regard to the time of their testimony in court. One may come on one day and the court will hear his testimony and the other may come on a later date and have his testimony heard. The testimonies may be combined and money expropriated on this basis.
ד
וכן בעת שמעידין בבית דין יבא אחד ושומעין דבריו היום וכשיבוא העד השני לאחר זמן שומעין דבריו ומצטרפין זה לזה ומוציאין בהן הממון:
5
Similarly, if the testimony of one witness was recorded in a legal document and the other testified orally, their testimony may be combined. If the witness who did not record his testimony states: "I entered into an act of contract with him concerning this manner, but the lender did not come and ask me to record my testimony in a legal document," the two can join together to give the claim the status of a loan backed by a promissory note. The borrower may not claim: "I repaid the debt."
ה
וכן אם היה עד אחד בכתב ואחד על פה מצטרפין ואם אמר זה שלא כתב עדותו אני קניתי מידו על דבר זה ולא בא המלוה הזה ולא שאל ממני לכתוב שניהם מצטרפין לעשות המלוה בשטר ואינו יכול לומר פרעתי:
6
The following laws apply in cases involving financial matters. If one witness delivered testimony in one court and the other witness delivered testimony in a second court, the two courts should come together and combine the testimonies. Similarly, if two witnesses delivered testimony in one court and then delivered testimony in another court, a member of either court can join together with a member of the other court. The statements of a witness and a judge before whom two witnesses testified may not be combined.
ו
העיד האחד בבית דין זה והעד השני בבית דין אחר יבא בית דין אצל בית דין ויצטרפו עדותן וכן אם העידו שני העדים בבית דין זה וחזרו והעידו בב"ד אחר יבא אחד מכל בית דין ויצטרפו אבל העד עם הדיין שהעידו שני העדים בפניו אין מצטרפין:
7
Although testimony of two witnesses may be combined in matters of financial law, each of the witnesses must deliver testimony concerning an entire matter, as we explained. If, by contrast, one witness testifies concerning a portion of a matter and the other witness testifies concerning another portion of the matter, we do not establish the matter on the basis of their testimony, as indicated by Deuteronomy 19:15: "According to the testimony of two witnesses shall the matter be established."
What is implied? One witness testifies that a person benefited from a field one year, another testifies that he benefited in the following year, and a third testifies that he benefited in the third year, the testimonies of the three cannot be linked together to say that he benefited for three years. For each of them testified only about a portion of the matter.
Similarly, if one witness testifies: "I saw one hair on the person's right side," and another witness testifies: "I saw one hair on the person's left side," their testimonies are not linked together so that we can say that two people testified that the person concerned manifested signs of physical maturity on that particular day. For each of them testified only about a portion of the physical signs required. Even if two witnesses testified that they saw one hair and two other witnesses testified that they saw another hair, their testimony is of no consequence. Since they both testified about only half the matter, this is not acceptable testimony.
If, however, one witness testified that he saw two hairs on the person's right side and another witness testified that he saw two hairs on the person's left side, their testimony can be linked together. Similar concepts apply in all analogous situations.
ז
אף על פי שמצטרפין העדות בדיני ממונות צריך שיעיד כל אחד משניהם בכל דבר כמו שביארנו אבל אם העיד עד אחד במקצת דבר והעיד השני במקצתו אין מקיימין הדבר מעדות שניהם שנאמר על פי שנים עדים יקום דבר כיצד זה אומר פלוני אכל שדה זו שנה פלונית וזה העיד שאכלה שנה שניה וזה העיד שאכלה שנה שלישית אין מצטרפין עדות שלשתן ואומרים הרי אכלה שלש שנים שכל אחד ואחד העיד במקצת הדבר וכן אם העיד זה אני ראיתי שערה אחת בצד ימינו של זה וזה אומר אני ראיתי שערה אחת בצד שמאלו של זה באותו היום אין מצטרפין דברי שניהם כדי שנאמר הרי העידו שניהם שהיה זה גדול ביום פלוני לפי שכל אחד מהם לא העיד אלא במקצת הסימנין אפילו העידו שנים בשערה אחת והעידו שנים בשערה אחרת שהרי כל כת מהם העידה על חצי דבר ואין זו עדות אבל אם העידה האחת שראתה שתי שערות בצד ימין והעידה השניה שראתה שתי שערות בצד שמאל מצטרפין וכן כל כיוצא בו:
Hayom Yom:
• English Text | Video Class
Shabbat, Elul 18, 5777 · 09 September 2017
"Today's Day"
Shabbat, Chai (18), Elul 5703
At Shishi the Torah-reader says the b'rachot without being called to the Torah.
Torah lessons: Chumash: Tavo, Shevi'i with Rashi.
Tehillim: 88-89. Also 52-54.
Tanya: Now all this (p. 473) ...in its place. (p. 477).
Birth of the Baal Shem Tov in 5458 (1698). The day his holy teacher1 and master appeared to him in 5484 (1724). The day the Baal Shem Tov became revealed2 in 5494 (1734).
Birth of the Alter Rebbe 5505 (1745).
Outline of the Baal Shem Tov's discourse3 on Shabbat Tavo, Chai (18th) Elul 5652 (1892), after Kabalat Shabbat:
It will be when you come into the land (eretz) that the Eternal your G-d gives you for an inheritance, and you will inherit it and dwell in it.4
The Midrash notes that eretz is an idiom of merutza (running) and of ratzon (will, desire). When you attain the level of ratzon, "desire,"5 that is a gift from Above and an inheritance for every one of Israel, then your avoda is "...you will dwell in it" - to internalize all you have attained, "bringing it down" in a settled manner.6
"You shall take...and place it in a basket,"7 - draw down the (spiritual) lights into (appropriate) vessels.
"You shall go to the place the Eternal your G-d will choose"8 - a Jew must know that when he goes from one place to another, he is not going on his own, but is being directed from Above. And the intention and purpose in this is...
"...to cause His Name to dwell there"9 - that is, to make G-d known in his (that Jew's) locale.10
After Maariv the Baal Shem Tov repeated this discourse and added:
"It will be when you come..." For you to attain the level of "desire"11 etc. it is necessary that... "you shall go to the place, etc... to cause His Name to dwell there." You are to utterly dedicate yourself to making G-d known there. How does one "make G-d known"? With a b'racha and a verse of Tehillim.
FOOTNOTES
1.Achiya HaShiloni.
2.As a tzadik, to the world.
3.The Baal Shem Tov passed away in 1760. His discourse - in gan eden (the heavenly abode of souls) - was said by him to the Rebbe Rashab in 1892 in a vision experienced by the latter after Kabalat Shabbat and again after Maariv. See Section 3, Supplements to Keter Shem Tov (Kehot edition).
4.Devarim 26:1.
5.For the G-dly.
6."In a settled manner" - hit'yashvut, from the same root as veyashavta, "you will dwell."
7.Devarim ibid; verse 2.
8.Ibid.
9.Ibid.
10.In the place to which he was Divinely led.
11.As above.
Daily Thought:
Waking Up G-d
A spark of G‑d slumbers within, as a flame hushed within the embers.
Will she awaken from ideas? They are only more dreams to sleep by.
Will she awaken from deep thoughts? She is smothered yet deeper within the ashes.
She will awaken when she sees her Beloved, the One Above with Whom she is one.
And where will she see Him? Not in ideas, not in deep thoughts, but in a G‑dly deed that she will do, in an act of infinite beauty.
Then her flame will burn bright. [Maamar VeIshah Achas.]
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