| |||||
- 
- ב"ה - Today in Judaism - Today is Shabbat, 7 Kislev, 5778 · November 25, 2017Torah Reading:
Vayeitzei: Genesis 28:10 - 32:3
Hosea 11:7 - 12:14
Vayeitzei: Genesis 28:10 Ya‘akov went out from Be’er-Sheva and traveled toward Haran. 11 He came to a certain place and stayed the night there, because the sun had set. He took a stone from the place, put it under his head and lay down there to sleep. 12 He dreamt that there before him was a ladder resting on the ground with its top reaching to heaven, and the angels of Adonai were going up and down on it. 13 Then suddenly Adonai was standing there next to him; and he said, “I am Adonai, the God of Avraham your [grand]father and the God of Yitz’chak. The land on which you are lying I will give to you and to your descendants. 14 Your descendants will be as numerous as the grains of dust on the earth. You will expand to the west and to the east, to the north and to the south. By you and your descendants all the families of the earth will be blessed. 15 Look, I am with you. I will guard you wherever you go, and I will bring you back into this land, because I won’t leave you until I have done what I have promised you.”
16 Ya‘akov awoke from his sleep and said, “Truly, Adonai is in this place — and I didn’t know it!” 17 Then he became afraid and said, “This place is fearsome! This has to be the house of God! This is the gate of heaven!” 18 Ya‘akov got up early in the morning, took the stone he had put under his head, set it up as a standing-stone, poured olive oil on its top 19 and named the place Beit-El [house of God]; but the town had originally been called Luz.
20 Ya‘akov took this vow: “If God will be with me and will guard me on this road that I am traveling, giving me bread to eat and clothes to wear, 21 so that I return to my father’s house in peace, then Adonai will be my God; 22 and this stone, which I have set up as a standing-stone, will be God’s house; and of everything you give me, I will faithfully return one-tenth to you.”
29:1 (ii) Continuing his journey, Ya‘akov came to the land of the people of the east. 2 As he looked, he saw a well in a field; and there were three flocks of sheep lying there next to it; because they watered the sheep from that well. The stone on the well’s mouth was large, 3 and only when all the flocks had gathered there would they roll the stone away from the opening of the well and water the sheep. Then they would put the stone back in its place on the well’s opening.
4 Ya‘akov said to them, “My brothers, where are you from?” They answered, “We’re from Haran.” 5 He asked them, “Do you know Lavan the [grand]son of Nachor?” They said, “We do.” 6 He asked them, “Are things going well with him?” “Yes,” they answered, “and here comes his daughter Rachel with the sheep.” 7 He said, “Look, there’s still plenty of daylight left; and it isn’t time to bring the animals home; so water the sheep; then go, and put them out to pasture.” 8 They answered, “We can’t, not until all the flocks have been gathered together, and they roll the stone away from the opening of the well. That’s when we water the sheep.”
9 While he was still speaking with them, Rachel came with her father’s sheep, because she took care of them. 10 When Ya‘akov saw Rachel the daughter of Lavan his mother’s brother, and the sheep of Lavan his mother’s brother, Ya‘akov went up and rolled the stone away from the opening of the well and watered the flock of Lavan his mother’s brother. 11 Ya‘akov kissed Rachel and wept aloud. 12 Ya‘akov told Rachel that he was her father’s relative, and that he was Rivkah’s son; and she ran and told her father. 13 When Lavan heard the news of Ya‘akov his sister’s son, he ran to meet him, hugged him and kissed him, and brought him to his house. Ya‘akov told Lavan all that had happened. 14 Lavan said to him, “You are indeed my own flesh and blood.”
After Ya‘akov had stayed with him for a whole month, 15 Lavan said to him, “Why should you work for me for nothing, just because you are my relative? Tell me how much I should pay you.” 16 Now Lavan had two daughters; the name of the older was Le’ah, and the name of the younger was Rachel. 17 Le’ah’s eyes were weak; but Rachel was good-looking, with beautiful features.
(iii) 18 Ya‘akov had fallen in love with Rachel and said, “I will work for you seven years in exchange for Rachel your younger daughter.” 19 Lavan answered, “Better that I give her to you than to someone else; stay with me.” 20 So Ya‘akov worked seven years for Rachel, and it seemed only a few days to him, because he was so much in love with her.
21 Ya‘akov said to Lavan, “Give me my wife, since my time is finished, so that I can start living with her.” 22 Lavan gathered all the men of the place and gave a banquet. 23 In the evening he took Le’ah his daughter and brought her to Ya‘akov, and he went in and slept with her. 24 Lavan also gave his slave-girl Zilpah to his daughter Le’ah as her slave-girl.
25 In the morning Ya‘akov saw that he was with Le’ah, and he said to Lavan, “What kind of thing is this that you’ve done to me? Didn’t I work for you for Rachel? Why have you deceived me?” 26 Lavan answered, “In our place that isn’t how it’s done, to give the younger daughter before the firstborn. 27 Finish the marriage week of this one, and we’ll give you the other one also in exchange for the work you will do for me during yet another seven years.” 28 Ya‘akov agreed to this, so he finished her week, and Lavan gave him his daughter Rachel as his wife. 29 Lavan also gave to his daughter Rachel his slave-girl Bilhah as her slave-girl. 30 So not only did Ya‘akov go in and sleep with Rachel, but he also loved Rachel more than Le’ah. Then he served Lavan another seven years.
31 Adonai saw that Le’ah was unloved, so he made her fertile, while Rachel remained childless. 32 Le’ah conceived and gave birth to a son, whom she named Re’uven [see, a son!], for she said, “It is because Adonai has seen how humiliated I have been, but now my husband will love me.” 33 She conceived again, gave birth to a son and said, “It is because Adonai has heard that I am unloved; therefore he has given me this son also.” So she named him Shim‘on [hearing]. 34 Once more she conceived and had a son; and she said, “Now this time my husband will be joined to me, because I have borne him three sons.” Therefore she named him Levi [joining]. 35 She conceived yet again, had a son and said, “This time I will praise Adonai”; therefore she named him Y’hudah [praise]. Then she stopped having children.
30:1 When Rachel saw that she was not bearing children for Ya‘akov, she envied her sister and said to Ya‘akov, “Give me children, or I will die!” 2 This made Ya‘akov angry at Rachel; he answered, “Am I in God’s place? He’s the one who is denying you children.” 3 She said, “Here is my maid Bilhah. Go, sleep with her, and let her give birth to a child that will be laid on my knees, so that through her I too can build a family.” 4 So she gave him Bilhah her slave-girl as his wife, and Ya‘akov went in and slept with her. 5 Bilhah conceived and bore Ya‘akov a son. 6 Rachel said, “God has judged in my favor; indeed he has heard me and given me a son.” Therefore she called him Dan [he judged].
7 Bilhah Rachel’s slave-girl conceived again and bore Ya‘akov a second son. 8 Rachel said, “I have wrestled mightily with my sister and won,” and called him Naftali [my wrestling].
9 When Le’ah saw that she had stopped having children, she took Zilpah her slave-girl and gave her to Ya‘akov as his wife. 10 Zilpah Le’ah’s slave-girl bore Ya‘akov a son; 11 and Le’ah said, “Good fortune has come,” calling him Gad [good fortune].
12 Zilpah Le’ah’s slave-girl bore Ya‘akov a second son; 13 and Le’ah said, “How happy I am! Women will say I am happy!” and called him Asher [happy].
(iv) 14 During the wheat harvest season Re’uven went and found mandrakes in the field and brought them to his mother Le’ah. Rachel said to Le’ah, “Please give me some of your son’s mandrakes [so that I can be fertile].” 15 She answered, “Isn’t it enough that you have taken away my husband? Do you have to take my son’s mandrakes too?” Rachel said, “Very well; in exchange for your son’s mandrakes, sleep with him tonight.” 16 When Ya‘akov came in from the field in the evening, Le’ah went out to meet him and said, “You have to come and sleep with me, because I’ve hired you with my son’s mandrakes.” So Ya‘akov slept with her that night. 17 God listened to Le’ah, and she conceived and bore Ya‘akov a fifth son. 18 Le’ah said, “God has given me my hire, because I gave my slave-girl to my husband.” So she called him Yissakhar [hire, reward].
19 Le’ah conceived again and bore a sixth son to Ya‘akov. 20 Le’ah said, “God has given me a wonderful gift. Now at last my husband will live with me, since I have borne him six sons.” And she called him Z’vulun [living together].
21 After this, she gave birth to a daughter and named her Dinah [controversy over rights].
22 Then God took note of Rachel, heeded her prayer and made her fertile. 23 She conceived, had a son and said, “God has taken away my disgrace.” 24 She called him Yosef [may he add], saying, “May Adonai add to me another son.”
25 After Rachel had given birth to Yosef, Ya‘akov said to Lavan, “Send me on my way, so that I can return to my own place, to my own country. 26 Let me take my wives, for whom I have served you, and my children; and let me go. You know very well how faithfully I have served you.” 27 Lavan answered him, “If you regard me favorably, then please listen: I have observed the signs that Adonai has blessed me on account of you. (v) 28 Name your wages,” he said; “I will pay them.” 29 Ya‘akov replied, “You know how faithfully I have served you and how your livestock have prospered under my care. 30 The few you had before I came have increased substantially; Adonai has blessed you wherever I went. But now, when will I provide for my own household?” 31 Lavan said, “What should I give you?” “Nothing,” answered Ya‘akov, “just do this one thing for me: once more I will pasture your flock and take care of it. 32 I will also go through the flock and pick out every speckled, spotted or brown sheep, and every speckled or spotted goat; these and their offspring will be my wages. 33 And I will let my integrity stand as witness against me in the future: when you come to look over the animals constituting my wages, every goat that isn’t speckled or spotted and every sheep that isn’t brown will count as stolen by me.” 34 Lavan replied, “As you have said, so be it.”
35 That day Lavan removed the male goats that were streaked or spotted and all the female goats that were speckled or spotted, every one with white on it, and all the brown sheep; turned them over to his sons; 36 and put three days’ distance between himself and Ya‘akov. Ya‘akov fed the rest of Lavan’s flocks.
37 Ya‘akov took fresh-cut branches from poplar, almond and plane trees and made white streaks on them by peeling off the bark. 38 Then he set the rods he had peeled upright in the watering troughs, so that the animals would see them when they came to drink. And since they bred when they came to drink, 39 the animals mated in sight of the rods and gave birth to streaked, speckled and spotted young. 40 Ya‘akov divided the lambs and had the animals mate with the streaked and the brown in the flock of Lavan. He also kept his own livestock separate and did not have them mix with Lavan’s flock. 41 Whenever the hardier animals came into heat, Ya‘akov would set up the rods in the watering troughs; so that the animals would see them and conceive in front of them; 42 but he didn’t set up the rods in front of the weaker animals. Thus the more feeble were Lavan’s and the stronger Ya‘akov’s. 43 In this way the man became very rich and had large flocks, along with male and female slaves, camels and donkeys.
31:1 But then he heard what Lavan’s sons were saying: “Ya‘akov has taken away everything that our father once had. It’s from what used to belong to our father that he has gotten so rich.” 2 He also saw that Lavan regarded him differently than before. 3 Adonai said to Ya‘akov, “Return to the land of your ancestors, to your kinsmen; I will be with you.” 4 So Ya‘akov sent for Rachel and Le’ah and had them come to the field where his flock was. 5 He said to them, “I see by the way your father looks that he feels differently toward me than before; but the God of my father has been with me. 6 You know that I have served your father with all my strength, 7 and that your father has belittled me and has changed my wages ten times; but God did not allow him to do me any damage. 8 If he said, ‘The speckled will be your wages,’ then all the animals gave birth to speckled young; and if he said, ‘The streaked will be your wages,’ then all the animals gave birth to streaked young. 9 This is how God has taken away your father’s animals and given them to me. 10 Once, when the animals were mating, I had a dream: I looked up and there in front of me the male goats which mated with the females were streaked, speckled and mottled. 11 Then, in the dream, the angel of God said to me, ‘Ya‘akov!’ and I replied, ‘Here I am.’ 12 He continued, ‘Raise your eyes now, and look: all the male goats mating with the females are streaked, speckled and mottled; for I have seen everything Lavan has been doing to you. 13 I am the God of Beit-El, where you anointed a standing-stone with oil, where you vowed your vow to me. Now get up, get out of this land, and return to the land where you were born.’” 14 Rachel and Le’ah answered him, “We no longer have any inheritance from our father’s possessions; 15 and he considers us foreigners, since he has sold us; moreover, he has consumed everything he received in exchange for us. 16 Nevertheless, the wealth which God has taken away from our father has become ours and our children’s anyway; so whatever God has told you to do, do.”
(vi) 17 Then Ya‘akov got up, put his sons and wives on the camels, 18 and carried off all his livestock, along with all the riches he had accumulated, the livestock in his possession which he had acquired in Paddan-Aram, to go to Yitz’chak his father in the land of Kena‘an.
19 Now Lavan had gone to shear his sheep, so Rachel stole the household idols that belonged to her father, 20 and Ya‘akov outwitted Lavan the Arami by not telling him of his intended flight. 21 So he fled with everything he had: he departed, crossed the [Euphrates] River and set out for the hill-country of Gil‘ad. 22 Not until the third day was Lavan told that Ya‘akov had fled.
23 Lavan took his kinsmen with him and spent the next seven days pursuing Ya‘akov, overtaking him in the hill-country of Gil‘ad. 24 But God came to Lavan the Arami in a dream that night and said to him, “Be careful that you don’t say anything to Ya‘akov, either good or bad.”
25 When Lavan caught up with Ya‘akov, Ya‘akov had set up camp in the hill-country; so Lavan and his kinsmen set up camp in the hill-country of Gil‘ad. 26 Lavan said to Ya‘akov, “What do you mean by deceiving me and carrying off my daughters as if they were captives taken in war? 27 Why did you flee in secret and deceive me and not tell me? I would have sent you off with joy and singing to the music of tambourines and lyres. 28 You didn’t even let me kiss my sons and daughters good-bye! What a stupid thing to do! 29 I have it in my power to do you harm; but the God of your father spoke to me last night and said, ‘Be careful that you don’t say anything to Ya‘akov, either good or bad.’ 30 Granted that you had to leave, because you longed so deeply for your father’s house; but why did you steal my gods?” 31 Ya‘akov answered Lavan, “Because I was afraid. I said, ‘Suppose you take your daughters away from me by force?’ 32 But if you find your gods with someone, that person will not remain alive. So with our kinsmen to witness, if you spot anything that I have which belongs to you, take it back.” Ya‘akov did not know that Rachel had stolen them. 33 Lavan went into Ya‘akov’s tent, then into Le’ah’s tent and into the tent of the two slave-girls; but he did not find them. He left Le’ah’s tent and entered Rachel’s tent. 34 Now Rachel had taken the household gods, put them in the saddle of the camel and was sitting on them. Lavan felt all around the tent but did not find them. 35 She said to her father, “Please don’t be angry that I’m not getting up in your presence, but it’s the time of my period.” So he searched, but he didn’t find the household gods.
36 Then Ya‘akov became angry and started arguing with Lavan. “What have I done wrong?” he demanded. “What is my offense, that you have come after me in hot pursuit? 37 You have felt around in all my stuff, but what have you found of all your household goods? Put it here, in front of my kinsmen and yours, so that they can render judgment between the two of us! 38 I have been with you for these twenty years! Your female sheep and goats haven’t aborted their young, and I haven’t eaten the male animals in your flocks. 39 If one of your flock was destroyed by a wild animal, I didn’t bring the carcass to you but bore the loss myself. You demanded that I compensate you for any animal stolen, whether by day or by night. 40 Here’s how it was for me: during the day thirst consumed me, and at night the cold — my sleep fled from my eyes. 41 These twenty years I’ve been in your house — I served you fourteen years for your two daughters and six years for your flock; and you changed my wages ten times! 42 If the God of my father, the God of Avraham, the one whom Yitz’chak fears, had not been on my side, by now you would certainly have already sent me away with nothing! God has seen how distressed I’ve been and how hard I’ve worked, and last night he passed judgment in my favor.”
(vii) 43 Lavan answered Ya‘akov, “The daughters are mine, the children are mine, the flocks are mine, and everything you see is mine! But what can I do today about these daughters of mine or the children they have borne? 44 So now, come, let’s make a covenant, I and you; and let it stand as a testimony between me and you.” 45 Ya‘akov took a stone and set it upright as a standing-stone. 46 Then Ya‘akov said to his kinsmen, “Gather some stones”; and they took stones, made a pile of them and ate there by the pile of stones. 47 Lavan called it Y’gar-Sahaduta [“pile of witness” in Aramaic], while Ya‘akov called it Gal-‘Ed [“pile of witness” in Hebrew].
48 Lavan said, “This pile witnesses between me and you today.” This is why it is called Gal-‘Ed 49 and also HaMitzpah [the watchtower], because he said, “May Adonai watch between me and you when we are apart from each other. 50 If you cause pain to my daughters, or if you take wives in addition to my daughters, then, even if no one is there with us, still God is witness between me and you.” 51 Lavan also said to Ya‘akov, “Here is this pile, and here is this standing-stone, which I have set up between me and you. 52 May this pile be a witness, and may the standing-stone be a witness, that I will not pass beyond this pile to you, and you will not pass beyond this pile and this standing-stone to me, to cause harm. 53 May the God of Avraham and also the god of Nachor, the god of their father, judge between us.” But Ya‘akov swore by the One his father Yitz’chak feared. 54 Ya‘akov offered a sacrifice on the mountain and invited his kinsmen to the meal. They ate the food and spent the whole night on the mountain.
32:1 (Maftir) (31:55) Early in the morning Lavan got up, kissed his sons and daughters, and blessed them. Then Lavan left and returned to his own place. 2 (1) Ya‘akov went on his way, and the angels of God met him. 3 (2) When Ya‘akov saw them, he said, “This is God’s camp,” and called that place Machanayim [two camps].
Hosea 11:7 My people are hanging in suspense
about returning to me;
and though they call them upwards,
nobody makes a move.
8 Efrayim, how can I give you up,
or surrender you, Isra’el?
How could I treat you like Admah
or make you like Tzvoyim?
My heart recoils at the idea,
as compassion warms within me.
9 I will not give vent to the fierceness of my rage,
I will not return to destroy Efrayim;
for I am God, not a human being,
the Holy One among you;
so I will not come in fury.
10 They will go after Adonai,
who will roar like a lion;
for he will roar, and the children will come
trembling from the west.
11 They will tremble like a bird as they come from Egypt,
like a dove as they come from the land of Ashur;
and I will resettle them in their own houses,
says Adonai.
12:1 (11:12) “Efrayim surrounds me with lies
and the house of Isra’el with deceit.
Y’hudah still rules with God
and is faithful with holy ones.
2 (1) Efrayim is chasing the wind,
pursuing the wind from the east.
All day he piles up lies and desolation —
they make a covenant with Ashur,
while sending olive oil to Egypt.
3 (2) Adonai also has a grievance against Y’hudah;
he will punish Ya‘akov according to his ways
and pay him back for his misdeeds.
4 (3) In the womb he took his brother by the heel;
in the strength of his manhood he fought with God.
5 (4) Yes, he fought with an angel and won;
he wept and pleaded with him.
Then at Beit-El he found him,
and there he would [later] speak with us —
6 (5) Adonai Elohei-Tzva’ot;
Adonai is his name!
7 (6) So you, return to your God;
hold fast to grace and justice;
and always put your hope in your God.
8 (7) “A huckster keeps false scales,
and he loves to cheat.
9 (8) Efrayim says, ‘I have gotten so rich!
I have made me a fortune!
And in all my profits no one will find
anything wrong or sinful.’
10 (9) “But I am Adonai your God,
from the land of Egypt.
Again I will make you live in tents,
as in the days of the established festival.
11 (10) I have spoken to the prophets;
it was I who gave vision after vision;
through the prophets I gave examples
to show what it would all be like.
12 (11) Is Gil‘ad given to iniquity?
Yes, they have become worthless.
In Gilgal they sacrifice to bulls;
therefore their altars are like piles of stones
in a plowed field.”
13 (12) Ya‘akov fled to the land of Aram.
There Isra’el slaved to win a wife;
for a wife he tended sheep.
14 (13) By a prophet Adonai brought Isra’el up from Egypt,
and by a prophet he was protected.
---
Today is Shabbat, Kislev 7, 5778 · November 25, 2017
Today's Laws & Customs:
• Sanctification of the Moon
Once a month, as the moon waxes in the sky, we recite a special blessing called Kiddush Levanah, "the sanctification of the moon," praising the Creator for His wondrous work we call astronomy.
Kiddush Levanah is recited after nightfall, usually on Saturday night. The blessing is concluded with songs and dancing, because our nation is likened to the moon—as it waxes and wanes, so have we throughout history. When we bless the moon, we renew our trust that very soon, the light of G‑d's presence will fill all the earth and our people will be redeemed from exile.
Though Kiddush Levanah can be recited as early as three days after the moon's rebirth, the kabbalah tells us it is best to wait a full week, till the seventh of the month. Once 15 days have passed, the moon begins to wane once more and the season for saying the blessing has passed.
Links:
Brief Guide to Kiddush Levanah: Thank G‑d for the Moon!
More articles on Kiddush Levanah from our knowledgebase.
Daily Torah Study:
Chumash: Vayeitzei, 7th Portion Genesis 31:43-32:3 with Rashi
• English / Hebrew Linear Translation
• Video Class
• Daily Wisdom (short insight)
Genesis Chapter 31
43And Laban answered and said to Jacob, "The daughters are my daughters, and the sons are my sons, and the animals are my animals, and all that you see is mine. Now, what would I do to these daughters of mine today, or to their children, whom they have borne? מגוַיַּ֨עַן לָבָ֜ן וַיֹּ֣אמֶר אֶל־יַֽעֲקֹ֗ב הַבָּנ֨וֹת בְּנֹתַ֜י וְהַבָּנִ֤ים בָּנַי֙ וְהַצֹּ֣אן צֹאנִ֔י וְכֹ֛ל אֲשֶׁר־אַתָּ֥ה רֹאֶ֖ה לִי־ה֑וּא וְלִבְנֹתַ֞י מָה־אֶֽעֱשֶׂ֤ה לָאֵ֨לֶּה֙ הַיּ֔וֹם א֥וֹ לִבְנֵיהֶ֖ן אֲשֶׁ֥ר יָלָֽדוּ:
Now, what would I do there?: How could I entertain the thought of harming them?
מה אעשה לאלה: איך תעלה על לבי להרע להן:
44So now, come, let us form a covenant, you and I, and may He be a witness between me and you." מדוְעַתָּ֗ה לְכָ֛ה נִכְרְתָ֥ה בְרִ֖ית אֲנִ֣י וָאָ֑תָּה וְהָיָ֥ה לְעֵ֖ד בֵּינִ֥י וּבֵינֶֽךָ:
may He be a witness: [I.e.] the Holy One, blessed be He [will be a witness].
והיה לעד: הקב"ה:
45So Jacob took a stone and set it up [as] a monument. מהוַיִּקַּ֥ח יַֽעֲקֹ֖ב אָ֑בֶן וַיְרִימֶ֖הָ מַצֵּבָֽה:
46And Jacob said to his kinsmen, "Gather stones," and they took stones and made a pile, and they ate there by the pile. מווַיֹּ֨אמֶר יַֽעֲקֹ֤ב לְאֶחָיו֙ לִקְט֣וּ אֲבָנִ֔ים וַיִּקְח֥וּ אֲבָנִ֖ים וַיַּֽעֲשׂוּ־גָ֑ל וַיֹּ֥אכְלוּ שָׁ֖ם עַל־הַגָּֽל:
to his kinsmen: [lit., to his brothers.] They are his sons, who were to him like brothers, drawing near him for trouble or for war (Gen. Rabbah 74:13).
לאחיו: הם בניו, שהיו לו אחים נגשים אליו לצרה ולמלחמה:
47And Laban called it Yegar Sahadutha, but Jacob called it Gal ed. מזוַיִּקְרָא־ל֣וֹ לָבָ֔ן יְגַ֖ר שָֽׂהֲדוּתָ֑א וְיַ֣עֲקֹ֔ב קָ֥רָא ל֖וֹ גַּלְעֵֽד:
Yegar Sahadutha: The Aramaic translation of Gal-ed.
יגר שהדותא: תרגומו של גלעד:
48And Laban said, "This pile is a witness between me and you today." Therefore, he called it Gal ed. מחוַיֹּ֣אמֶר לָבָ֔ן הַגַּ֨ל הַזֶּ֥ה עֵ֛ד בֵּינִ֥י וּבֵֽינְךָ֖ הַיּ֑וֹם עַל־כֵּ֥ן קָֽרָא־שְׁמ֖וֹ גַּלְעֵֽד:
Therefore, he called it Gal-ed: The pile is a witness.
גלעד: גלעד:
49And Mizpah, because he said, "May the Lord look between me and you when we are hidden from each other. מטוְהַמִּצְפָּה֙ אֲשֶׁ֣ר אָמַ֔ר יִ֥צֶף יְהֹוָ֖ה בֵּינִ֣י וּבֵינֶ֑ךָ כִּ֥י נִסָּתֵ֖ר אִ֥ישׁ מֵֽרֵעֵֽהוּ:
And Mizpah, because he said, etc.: And Mizpah, which is on Mount Gilead, as it is written (Jud. 11:29): “and he passed over Mizpeh of Gilead.” Now, why was it named Mizpah? Because each one said to the other, “May the Lord look (יִצֶף) between me and you if you transgress the covenant.”
והמצפה אשר אמר וגו': והמצפה אשר בהר הגלעד, כמו שכתוב (שופטים יא כט) ויעבר את מצפה גלעד. ולמה נקרא שמה מצפה, לפי שאמר כל אחד מהם לחברו יצף ה' ביני ובינך אם תעבור את הברית:
when we are hidden: And we do not see each other.
כי נסתר: ולא נראה איש את רעהו:
50If you afflict my daughters, or if you take wives in addition to my daughters when no one is with us, behold! God is a witness between me and you." נאִם־תְּעַנֶּ֣ה אֶת־בְּנֹתַ֗י וְאִם־תִּקַּ֤ח נָשִׁים֙ עַל־בְּנֹתַ֔י אֵ֥ין אִ֖ישׁ עִמָּ֑נוּ רְאֵ֕ה אֱלֹהִ֥ים עֵ֖ד בֵּינִ֥י וּבֵינֶֽךָ:
…my daughters…my daughters: Twice. Bilhah and Zilpah were also his daughters from a concubine. — [from Pirkei d’Rabbi Eliezer, ch. 36]
בנתי בנתי: שתי פעמים, אף בלהה וזלפה בנותיו היו מפלגש:
If you afflict my daughters: By depriving them of their conjugal rights (Yoma 77).
אם תענה את בנתי: למנוע מהם עונת תשמיש:
51And Laban said to Jacob, "Behold this pile and behold this monument, which I have cast between me and you. נאוַיֹּ֥אמֶר לָבָ֖ן לְיַֽעֲקֹ֑ב הִנֵּ֣ה | הַגַּ֣ל הַזֶּ֗ה וְהִנֵּה֙ הַמַּצֵּבָ֔ה אֲשֶׁ֥ר יָרִ֖יתִי בֵּינִ֥י וּבֵינֶֽךָ:
which I have cast: Heb. יָרִיתִי, similar to (Exod. 15:4):“He cast (יָרָה) into the sea,” like one who shoots an arrow. — [from Gen. Rabbah 74:15]
יריתי: כמו (שמות טו ד) ירה בים, כזה שהוא יורה חנית:
52This pile is a witness, and this monument is a witness, that I will not pass this pile [to go] to you and that you shall not pass this pile and this monument to [come to] me to [do] harm. נבעֵ֚ד הַגַּ֣ל הַזֶּ֔ה וְעֵדָ֖ה הַמַּצֵּבָ֑ה אִם־אָ֗נִי לֹא־אֶֽעֱבֹ֤ר אֵלֶ֨יךָ֙ אֶת־הַגַּ֣ל הַזֶּ֔ה וְאִם־אַ֠תָּ֠ה לֹא־תַֽעֲבֹ֨ר אֵלַ֜י אֶת־הַגַּ֥ל הַזֶּ֛ה וְאֶת־הַמַּצֵּבָ֥ה הַזֹּ֖את לְרָעָֽה:
that I: Heb. אִם. Here אִם is used as an expression of אִשֶׁר, that, like (above 24:33): “until (אִם) I have spoken my words.”
אם אני: הרי אם משמש בלשון אשר, כמו (לעיל כד לג) עד אם דברתי דברי:
to [do] harm: To do harm you may not pass, but you may pass to do business. — [from Gen. Rabbah 74:15]
לרעה: לרעה אי אתה עובר, אבל אתה עובר לפרקמטיא:
53May the God of Abraham and the god of Nahor judge between us, the god of their father." And Jacob swore by the Fear of his father Isaac. נגאֱלֹהֵ֨י אַבְרָהָ֜ם וֵֽאלֹהֵ֤י נָחוֹר֙ יִשְׁפְּט֣וּ בֵינֵ֔ינוּ אֱלֹהֵ֖י אֲבִיהֶ֑ם וַיִּשָּׁבַ֣ע יַֽעֲקֹ֔ב בְּפַ֖חַד אָבִ֥יו יִצְחָֽק:
the God of Abraham: This is holy. [I.e., it refers to the Deity.]- [from Gen. Rabbah 74:16]
אלהי אברהם: קדש:
and the god of Nahor: Profane. [I.e., it refers to pagan deities.]- [from Gen. Rabbah 74:16]
ואלהי נחור: חול:
the god of their father: Profane. [I.e., it refers to pagan deities.]
אלהי אביהם: חול:
54And Jacob slaughtered a slaughtering on the mountain, and he invited his friends to eat a meal, and they ate bread and lodged on the mountain. נדוַיִּזְבַּ֨ח יַֽעֲקֹ֥ב זֶ֨בַח֙ בָּהָ֔ר וַיִּקְרָ֥א לְאֶחָ֖יו לֶֽאֱכָל־לָ֑חֶם וַיֹּ֣אכְלוּ לֶ֔חֶם וַיָּלִ֖ינוּ בָּהָֽר:
And Jacob slaughtered a slaughtering: He slaughtered animals for a feast.
ויזבח יעקב זבח: שחט בהמות למשתה:
his friends: [Heb. לְאֶחָיו, lit., to his brothers.] To his friends who were with Laban.
לאחיו: לאוהביו שעם לבן:
to eat a meal: Heb. לָחֶם. Any kind of foodstuff is called לֶחֶם [not only bread], like (Dan. 5:1):“made a great feast (לֶחֶם)” ; (Jer. 11:19): “Let us destroy his food (בְּלַחְמוֹ) with wood.”
לאכל לחם: כל דבר מאכל קרוי לחם, כמו (דניאל ה א) עבד לחם רב, (ירמיה יא יט) נשחיתה עץ בלחמו:
Genesis Chapter 32
1And Laban arose early in the morning and kissed his sons and daughters and blessed them, and Laban went and returned to his place. אוַיַּשְׁכֵּ֨ם לָבָ֜ן בַּבֹּ֗קֶר וַיְנַשֵּׁ֧ק לְבָנָ֛יו וְלִבְנוֹתָ֖יו וַיְבָ֣רֶךְ אֶתְהֶ֑ם וַיֵּ֛לֶךְ וַיָּ֥שָׁב לָבָ֖ן לִמְקֹמֽוֹ:
2And Jacob went on his way, and angels of God met him. בוְיַֽעֲקֹ֖ב הָלַ֣ךְ לְדַרְכּ֑וֹ וַיִּפְגְּעוּ־ב֖וֹ מַלְאֲכֵ֥י אֱלֹהִֽים:
and angels of God met him: Angels of Israel came to greet him to escort him to the land.
ויפגעו בו מלאכי א-להים: מלאכים של ארץ ישראל באו לקראתו ללוותו לארץ:
3And Jacob said when he saw them, "This is the camp of God," and he named the place Mahanaim. גוַיֹּ֤אמֶר יַֽעֲקֹב֙ כַּֽאֲשֶׁ֣ר רָאָ֔ם מַֽחֲנֵ֥ה אֱלֹהִ֖ים זֶ֑ה וַיִּקְרָ֛א שֵֽׁם־הַמָּק֥וֹם הַה֖וּא מַֽחֲנָֽיִם:
Mahanaim: Two camps, [one of the angels] outside the land, who came with him up to here, and [one of the angels] of Israel, who came to greet him. — [from Tanchuma Vayishlach 3]
מחנים: שתי מחנות, של חוצה לארץ שבאו עמו עד כאן, ושל ארץ ישראל שבאו לקראתו:
Tehillim: Psalms Chapters 39 - 43
• Hebrew text
• English text
Chapter 39
David's prayer bewailing his suffering. But it is not suffering itself that pains him, rather he is saddened by its disturbing his Torah study. For man's days are few, "and if not now, when (will he study)?" for he may die, today or tomorrow. He therefore requests that his suffering be removed, to enable him to study Torah and acquire a place in the World to Come.
1. For the Conductor, for yedutun,1 a psalm by David.
2. I said that I would guard my ways from sinning with my tongue; I would guard my mouth with a muzzle, [even] while the wicked one is before me.
3. I became mute with stillness, I was silent [even] from the good, though my pain was crippling.
4. My heart grew hot within me, a fire blazed in my utterance, as I spoke with my tongue.
5. O Lord, let me know my end and what is the measure of my days, that I may know when I will cease.
6. Behold, like handbreadths You set my days; my lifetime is as naught before You. But all is futility, all mankind's existence, Selah.
7. Only in darkness does man walk, seeking only futility; he amasses riches and knows not who will reap them.
8. And now, what is my hope, my Lord? My longing is to You.
9. Rescue me from all my transgressions; do not make me the scorn of the degenerate.
10. I am mute, I do not open my mouth, for You have caused [my suffering].
11. Remove Your affliction from me; I am devastated by the attack of Your hand.
12. In reproach for sin You chastened man; like a moth, You wore away that which is precious to him. All mankind is nothing but futility, forever.
13. Hear my prayer, O Lord, listen to my cry; do not be silent to my tears, for I am a stranger with You, a sojourner like all my forefathers.
14. Turn from me, that I may recover my strength, before I depart and I am no more.
FOOTNOTES
1.A musical instrument (Metzudot).
Chapter 40
The psalmist speaks of the numerous wonders that God wrought for the Jewish people, asking: "Who can articulate His might? I would relate and speak of them, but they are too numerous to recount!" He created the world and split the sea for the sake of Israel, [yet] He desires no sacrifices, only that we listen to His voice.
1. For the Conductor, a psalm by David.
2. I put my hope in the Lord; He turned to me and heard my cry.
3. He raised me from the turbulent pit, from the slimy mud, and set my feet upon a rock, steadying my steps.
4. He put a new song in my mouth, a hymn to our God; multitudes will see and fear, and will trust in the Lord.
5. Fortunate is the man who has made the Lord his trust, and did not turn to the haughty, nor to those who stray after falsehood.
6. You have done much, O You, Lord my God-Your wonders and thoughts are for us; none can compare to You; should I relate or speak of them, they are too numerous to recount!
7. You desired neither sacrifice nor meal-offering, but [obedient] ears You opened for me; You requested neither burnt-offering nor sin-offering.
8. Then I said, "Behold, I come with a Scroll of the Book written for me."1
9. I desire to fulfill Your will, my God; and Your Torah is in my innards.
10. I proclaimed [Your] righteousness in a vast congregation; behold I will not restrain my lips-O Lord, You know!
11. I did not conceal Your righteousness within my heart; I declared Your faithfulness and deliverance; I did not hide Your kindness and truth from the vast congregation.
12. May You, Lord, not withhold Your mercies from me; may Your kindness and truth constantly guard me.
13. For countless evils surround me; my sins have overtaken me and I cannot see; they outnumber the hairs of my head, and my heart has abandoned me.
14. May it please You, Lord, to save me; O Lord, hurry to my aid.
15. Let those who seek my life, to end it, be shamed and humiliated together; let those who desire my harm retreat and be disgraced.
16. Let those who say about me, "Aha! Aha!" be desolate, in return for their shaming [me].
17. Let all those who seek You exult and rejoice in You; let those who love Your deliverance always say, "Be exalted, O Lord!”
18. As for me, I am poor and needy; my Lord will think of me. You are my help and my rescuer; my God, do not delay!
FOOTNOTES
1.Upon recovery, David expresses thanks, not through sacrifices, by dedicating himself to Torah (Radak).
Chapter 41
This psalm teaches many good character traits, and inspires one to be thoughtful and conscientious in giving charity-knowing to whom to give first. Fortunate is he who is thoughtful of the sick one, providing him with his needs.
1. For the Conductor, a psalm by David.
2. Fortunate is he who is thoughtful of the poor, [for] the Lord will save him on the day of evil.
3. The Lord will guard him and keep him alive; he will be praised throughout the land; You will not deliver him to the desires of his enemies.
4. The Lord will support him on the bed of illness; You will turn him over in his bed all throughout his sickness.
5. I said, "Lord, be gracious to me! Heal my soul, for I have sinned against You!”
6. My foes say that evil [awaits] me: "When will he die, and his name perish?”
7. And if one comes to see [me], he speaks insincerely, for his heart gathers iniquity for himself, and when he goes out he speaks of it.
8. Together they whisper against me-all my enemies; against me they devise my harm, [saying]:
9. "Let his wickedness pour into him; now that he lies down, he shall rise no more.”
10. Even my ally in whom I trusted, who ate of my bread, has raised his heel over me.
11. But you, Lord, be gracious to me and raise me up, and I will repay them.
12. With this I shall know that You desire me, when my enemies will not shout gleefully over me.
13. And I, because of my integrity, You upheld me; You set me before You forever.
14. Blessed is the Lord, the God of Israel, to all eternity, Amen and Amen.
Chapter 42
This psalm awakens the hearts of the Children of Israel who do not feel the immense ruin, loss, and bad fortune in their being exiled from their Father's table. Were they wise, they would appreciate their past good fortune in coming thrice yearly, with joy and great awe, to behold God during the festivals, free of adversary and harm. May God place mercy before us from now to eternity, Amen Selah.
1. For the Conductor, a maskil1 by the sons of Korach.
2. As the deer cries longingly for brooks of water, so my soul cries longingly for You, O God!
3. My soul thirsts for God, for the living God. When will I come and behold the countenance of God?
4. My tears have been my bread day and night, when they say to me all day, "Where is your God?”
5. These do I recall, and pour out my soul from within me: how I traveled [to Jerusalem] in covered wagons; I would walk leisurely with them up to the House of God, amid the sound of rejoicing and thanksgiving, the celebrating multitude.
6. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him for the deliverances of His countenance.
7. My God! My soul is downcast upon me, because I remember You from the land of Jordan and Hermon's peaks, from Mount Mitzar.2
8. Deep calls to deep3 at the roar of Your channels; all Your breakers and waves have swept over me.
9. By day the Lord ordains His kindness, and at night His song is with me, a prayer to the God of my life.
10. I say to God, my rock, "Why have You forgotten me? Why must I walk in gloom under the oppression of the enemy?”
11. Like a sword in my bones, my adversaries disgrace me, when they say to me all day, "Where is your God?”
12. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge. (Metzudot)
2.My heart aches when I remember the pilgrims from lands east of Jordan, and those from distant Hermon and Mitzar, who would travel to Jerusalem for the festivals (Radak)
3.Before one misfortune has ended, another is already upon us; as if one calls the other to come (Metzudot).
Chapter 43
A significant prayer concerning the magnitude of the troubles we have suffered at the hands of the impious nations. May it be God's will to send Moshiach and Elijah the Prophet, who will lead us to the Holy Temple to offer sacrifices as in days of old.
1. Avenge me, O God, and champion my cause against an impious nation; rescue me from the man of deceit and iniquity.
2. For You are the God of my strength; why have You abandoned me? Why must I walk in gloom under the oppression of the enemy?
3. Send Your light and Your truth, they will guide me; they will bring me to Your holy mountain and to your sanctuaries.
4. Then I will come to the altar of God-to God, the joy of my delight-and praise You on the lyre, O God, my God.
5. Why are you downcast, my soul, and why do you wail within me? Hope to God, for I will yet thank Him; He is my deliverance, [the light of] my countenance, and my God.
Tanya: Kuntres Acharon, middle of Essay 4
• English Text (Lessons in Tanya)
• Hebrew Text
• Audio Class: Listen | Download
• Video Class
Shabbat, Kislev 7, 5778 · November 25, 2017
Today's Tanya Lesson
Kuntres Acharon, middle of Essay 4
AUDIO & VIDEO CLASSES
• VIDEO CLASS: Rabbi Yehoshua B. Gordon Watch • Listen
• AUDIO CLASS: Rabbi Manis Freidman Listen • Download MP3
ועוד זאת
In addition:
The Alter Rebbe will now state that beyond the above-discussed superior quality of mitzvot requiring action (as well as the study of their laws), they are also essentially superior to the source of the soul, by virtue of their source.
Thus, the love and awe experienced by the soul, though spiritual in nature, pale in comparison to these mitzvot(even though they are performed with physical entities), not only because these mitzvot and the extraction of the sparks accomplished thereby are the ultimate purpose of creation, but in essence too they are superior to the source of the soul.
שבאמת הבירורין שבבריאה יצירה עשיה מרפ״ח, על ידי תורה ומצות, במחשבה דבור ומעשה
For the truth is that the purifications in Beriah, Yetzirah and Asiyah of the 288 [sparks of Tohu] by means of the Torah and mitzvot that man fulfills in thought, speech and deed,
גבוהין בשרשן מנפש רוח נשמה שבאדם
are superior in their source to the Nefesh-Ruach-Neshamah of man that possess the love and fear of G‑d.
כי הן מס״ג שבפנימיות אדם קדמון
For they derive from the Divine Name Sa’g of the internal aspect of Adam Kadmon,
ונפש רוח נשמה שכבר נתקנו על ידי מ״ה הוא יוצא מהמצח, הארה בעלמא
while the Nefesh-Ruach-Neshamah that has already been corrected through the Divine Name Ma’h issues (i.e., this Name issues) from the “forehead” [of Adam Kadmon], being a mere reflection [of it], but not of its essence.
The Divine Names Sa’g and Ma’h are two of the four Names that echo the varying numerical values which result when the names of the four letters that comprise the Name Havayah are spelled out in any of four different ways. For example, one possible spelling entails the repeated use of the letter vav, while another possible spelling entails the repeated use of the letter alef.
When the Hebrew names of the four letters yud and hei and vav and hei are written out with the full complement (milui) of the letter vav, the numerical equivalent of the letters used totals 63 (hence the Divine Name ס״ג). When it is written with the full complement of the letter alef, the numerical equivalent of the letters used totals 45 (hence the Divine Name מ״ה).
The Kabbalah explains how the Name Sa’g is related to the World of Tohu, while the Name Ma’h is related to the World of Tikkun, which is inferior to it.
The Alter Rebbe is thus stating here that the purifications of the action-related mitzvot find their source in the Divine Name Sa’g that derives from the internal aspect of Adam Kadmon, the primal Divine thought of creation that encompasses all subsequent stages and levels of creation.
By contrast, since the souls of Jews derive from the World of Tikkun (lit., “correction”), the Nefesh or Ruachor Neshamah is of a level at which it was already corrected by means of the Divine Name Ma’h. And this Name is but a glimmer that derives from the “forehead” of Adam Kadmon.
וזהו שכתוב: לפני מלוך מלך כו׳
Hence it is written,1 “...before a king ruled [over the Children of Israel].”
The verse reads thus: “These are the kings who ruled in the land of Edom before a king ruled over the Children of Israel.” The Kabbalah understands these “kings” as a reference to the Sefirot in the World of Tohuwho reigned before (i.e., on a superior level to) “a king who ruled over the Jews,” i.e., the World of Tikkun, which is the source of their souls. For the World of Tikkun is merely a glimmer of Adam Kadmon, while Tohu (from whence derive the exiled sparks and their purification) stems from the Divine Name Sa’g, which is rooted in the internal level of Adam Kadmon.
והאי טעמא שהאדם חי במזונות דומם צומח חי, ומבררן במ״ה שבו
For this reason man is sustained by food of the inorganic, vegetative, and living classes, and purifies them by the Ma’h within him,
Since the soul derives from the World of Tikkun and incorporates the Divine Name Ma’h, it is thereby able to extract and purify the sparks found within the inorganic, vegetative and living classes.
וחי בהם
and lives through them,
Having refined these sparks that are found within the inorganic, vegetative, and living classes, and having drawn Divine energy upon them from their lofty source in Tohu, man in turn is then invigorated by them with an additional measure of spiritual vitality.
לפי שהם מס״ג
because they derive from Sa’g.
But is it not paradoxical that man, who is so far superior to the inorganic, vegetative and living classes, should derive his sustenance from them?
The teachings of Chassidut find the answer in the verse,2 “Not on bread alone does a man live, but on all that comes forth from G‑d’s mouth does a man live.” It is not the physical, vegetative bread alone that sustains man, but the creative Divine utterance that is found within the bread.
However, since man is provided with his ongoing existence by his own creative Divine utterance, viz.,3 “Let us make man,” why does he need to be sustained by the creative word that sustains vegetative growth (or, for that matter, the inorganic and living classes of existence)?
The answer lies in the fact that the creative utterance that animates bread derives from a loftier source (the World of Tohu) than the source of the creative utterance that animates man (the World of Tikkun). In terms of the Divine Names, Sa’g transcends Ma’h.
ועוד זאת
Another point in which the mitzvot requiring action are superior to the love and awe experienced by the soul:
The Alter Rebbe will now explain that since love and fear are essentially spiritual in nature, they resemble the mere glimmer (and not the essence) of the master’s own intellectual illumination that he imparts to his disciple. In contrast, a physical seminal drop is capable of creating a child — it imparts the entire essence. So much so, in fact, that it is possible for the4 “power of the child to outshine the power of his father,” so that gifts dormant within the father can become manifest in the child.
The Alter Rebbe will now use this analogy to explain the difference between love and awe, which are spiritual, and the action-related mitzvot, which are physical. Love and awe are “illuminations” (orot), like the illumination of intellect, while the practical mitzvot are “vessels” (kelim) that give forth the essence, similar to the physical drop that gives forth the entire essence of its source.
שהרי הדבור מדברי חכמה עילאה אינו מוליד
For verbalizing any phrase of the Supreme Wisdom does not procreate — imparting wisdom does not create any being ex nihilo,
והטפה שנמשכה מהכלי דחכמה עילאה, יש בה כח המוליד ומהווה יש מאין
whereas the drop drawn from the vessel of the Supreme Wisdom, like the drop that derives from the father’s brain,5 has the power to procreate and bring about existence ex nihilo.
וגם המשכת חכמה עילאה כלולה בה
Also, a flow of the Supreme Wisdom — an illumination which is paralleled by a person’s capacity for wisdom — is incorporated within it (i.e., within the drop that derives from the vessel of Supernal Wisdom).
והטעם, מפני שבה נמשך מהותה ועצמותה דחכמה עילאה
The reason is that into it there is drawn the essence and nature of the Supreme Wisdom.
All the above refers to the drop that derives from the vessels of wisdom.
מה שאין כן בדבור ומחשבה
This is not the case with thought and speech, where the intellect they draw forth does not possess the essence of the original wisdom,
ואפילו בהשכלת השכל באיזו חכמה
even in intellectual conception in any field of wisdom,
Though this is a rarefied level of conceptualization, transcending even the subtle articulation sketched by “letters of thought,” nevertheless:
הרי חכמה זו, רק הארה מתפשטת ממהות השכל שבנפש ועצמותו
this wisdom is a mere reflection that extends from the essence of intellect in the soul.
והארה זו היא רק לבוש למהותו ועצמותו של השכל
Then, too, this reflection is a mere garment for the very essence of the intellect,
והשכל הוא הארה ולבוש למהות הנפש
and the intellect in turn is but a reflection and garment for the essence of the soul.
Thus, the soul’s essence is not to be found even within intellectual conception — unlike the drop, which, though physical, comprises within it the essence of the soul, as the Alter Rebbe now goes on to say.
מה שאין כן, הטפה נמשך בה גם ממהות הנפש ועצמותה המלובשת במוחין
In contrast, there is also drawn into the drop something of the very essence of the soul which is clothed within the brain.
ולכן מולידה בדומה לה ממש
Hence it begets offspring precisely similar to itself, to the soul itself.
וזהו ההפרש בין עבודת המלאכים היוצאין מנשיקין
This is the difference between the divine service of angels, which are born of a spiritual kiss, and hence their divine service is likewise spiritual,
להנשמות היוצאין מהכלים
and that of souls, which issue from the “vessels” that contain an element of the “essence”, and which thus resemble the tangible product of the seminal drop which incorporates the entire essence of its source.
According to the above, however, it would seem that within the love and awe of souls as well, there should be an element of essence — whereas we learned above that the love and awe of souls are likened to the mere reflection (and not the essence) of his own illumination which a master imparts to his disciple.
The Alter Rebbe anticipates this query by explaining that since the vessels of Atzilut become a Neshamah to Beriah, Yetzirah and Asiyah, there are therefore two forms of issue from the soul itself: one is a radiation, which is intellectual love and fear; the other is an issue of essence, that finds expression in action-related mitzvot.
אך הכלים דאצילות נעשו נשמה לבריאה יצירה עשיה
But the vessels of Atzilut become the soul of Beriah, Yetzirah and Asiyah — and from this soul emanate two manners of issue.
והלכך, דחילו ורחימו שכליים הן כמלאכים דנשיקין, מהארת חיצוניות דחב״ד בבריאה יצירה עשיה
Therefore intellectual love and awe are comparable to the angels that issue from the spiritual kiss, which irradiates only the external aspect of ChaBaD — Chochmah, Binah and Daat, the three intellective Sefirot — in Beriah, Yetzirah and Asiyah.
Though it derives from the vessels of Atzilut, it is still not of the degree of essence.
והטעם, משום דפנימיות חב״ד ומהותו ועצמותו של אור פנימי אינו יכול להתגלות אלא על ידי הארת הכלים דוקא, היורדים למטה
The reason is that the innermost dimension of ChaBaD and the essential nature of the indwelling light (or pnimi) cannot be revealed except through the radiance of the vessels that descend below,
כטפת האדם ממוחין
as does the seminal drop of man issuing from the brain.
וכמו שכתוב: ופני לא יראו
As it is written,6 “My Face — My innermost dimension — shall not be seen.”
Not being manifest, it must therefore descend in a concealed manner, similar to the drop.
| FOOTNOTES | |
| 1. | Bereishit 36:31. |
| 2. | Devarim 8:3. |
| 3. | Bereishit 1:26. |
| 4. | Shevuot 48a, and sources cited there. |
| 5. | Tanya, ch. 2. |
| 6. | Shmot 30:23. |
• Sefer Hamitzvot:
English Text | Hebrew Text
Audio: Listen | Download | Video ClassShabbat, Kislev 7, 5778 · November 25, 2017
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
AUDIO & VIDEO CLASSES
• VIDEO CLASS: Rabbi Mendel Kaplan Watch • Listen
• AUDIO CLASS: Rabbi Berel Bell Listen • MP3 Download
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Positive Commandment 171
Giving a Half Shekel
"Then shall they give every man a ransom for his soul to G‑d"—Exodus 30:12.
Every Jewish man is obligated to contribute annually a half a shekel [to the Temple coffers].
This biblical mitzvah only applies during the Temple Era.
Full text of this Mitzvah »
Giving a Half Shekel
Positive Commandment 171
Translated by Berel Bell
Positive Commandment 172
The 171st mitzvah is that we are commanded to give a half shekel1 every year.
The source of this commandment is G‑d's statement2 (exalted be He), "Each man shall give an atonement offering for his life," and, "[Everyone included in the census] shall give [a half shekel.]"
It is clear that women are not obligated in this mitzvah, since the verse says, "Everyone included in the census" [and only men were in the census].
The details of this mitzvah are explained in the tractate devoted to this subject, i.e. tractate Shekalim.
There it is explained that this mitzvah applies only when the Holy Temple is standing.
FOOTNOTES
1.Or one half of whatever coin is in use at a particular time (Hilchos Shekalim 1:5). This money was used to purchase the communal sacrifices, as well as other necessities (ibid. 4:1).
2.Ex. 30:12-13.
Positive Commandment 153
Calculating Months and Years
"This month shall be to you the beginning of months"—Exodus 12:2.
We are commanded to establish a calendar and calculate its months and years. The months are lunar months, with a new month established when the new moon appears; the years follow the solar seasonal cycle, necessitating the periodic addition of an extra (thirteenth) month to a year – which then becomes a "leap year" – because twelve lunar months are several days short of a solar year. This mitzvah is known as Sanctifying the New Moon.
This mitzvah is entrusted to the Jewish Supreme Court that presides in Israel. Unlike the counting of six days and then observing the Shabbat, a mitzvah that is incumbent upon every individual, no individual can unilaterally decide that a new month has arrived simply because he espied the new moon, and no individual can decide to add a month to the calendar based on his personal (even Torah-based) calculations.
Only the Supreme Court can make these calculations, and only in the Land of Israel. We follow the rulings issued by the Supreme Court in Israel even if they inadvertently established the "wrong" day as the New Moon, even if they did so under duress.
In the event that there are no qualified rabbis remaining in Israel, these calculations can be made, and months and leap years established, by a court that was ordained in Israel—even if it finds itself in the Diaspora.
Today we no longer sanctify the months based on the testimony of witnesses who saw the new moon, because there is no longer a sitting rabbinical Supreme Court in Israel—much as we no longer offer sacrifices, because we lack a Holy Temple.
But under no circumstances can an individual or court outside of Israel establish a new month or a leap year. Our calculations today in the Diaspora are only to determine which days the Court in Israel established as the New Moon, and which years they established as leap years.
[Editor's Note: Nachmanides asks, if so, how do we have holidays and a calendar today, when there is no rabbinical Supreme Court in Israel? He answers that there is a tradition that Hillel the Prince, who resided in Israel, established a calendar until the arrival of Moshiach, and sanctified all the new months and leap years until that time. Therefore, we can use our calculations to determine exactly what he previously established.]
Some laws associated with this mitzvah:
- The extra month added to a leap year is the one contiguous to the month of Passover—i.e. Adar.
- The establishment of new months and leap years must be done during daylight hours.
- A year must be comprised of complete months; a month must be comprised of complete days.
Calculating Months and Years
Translated by Berel Bell
The 153rd mitzvah is that G‑d (exalted be He) commanded us to calculate the months and years.1 This is the mitzvah of Kiddush HaChodesh (Sanctifying the Moon).
The source of this commandment is G‑d's statement2 (exalted be He), "[And G‑d said to Moshe and Aharon in the land of Egypt,] 'this month [Nissan] shall be the head month to you.' "
In their explanation of this mitzvah, the Sages said,3 "This testimony is given lochem ["you", plural]."4 The meaning of this statement: This mitzvah is not incumbent on every individual as is Shabbos, for example, where every single individual counts six days and rests on the seventh. In our case, it would mean that every individual who sees the appearance of the new moon would consider that day Rosh Chodesh [the first of the month]; Or that an individual could use the Torah-approved calculations to himself determine Rosh Chodesh; Or that he could himself estimate that the produce would not yet ripen [by Pesach]5, or consider any of the other factors6 which are used in determining [the calendar] — and then [himself declare a leap year and] add a month!
However, this mitzvah can only be performed by the Bais Din Hagadol, and only in Eretz Yisroel7. Therefore, since today there is no Bais Din HaGadol, we no longer determine the months on the basis of testimony, just as we no longer bring sacrifices because there is no Holy Temple.
The group of heretics known here in the East8 as Karaites have erred in this principle.9 Not even all of the Rabbis have grasped it, and as a result, grope around with them together in deep darkness.10
One must understand that the calculations which we use today to know11 when Rosh Chodesh and the holidays occur, may only be done in Eretz Yisroel. Only in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel, is it permissible to declare a leap year or determine Rosh Chodesh outside Eretz Yisroel — as Rabbi Akiva did, as explained in the Gemara.12 This is a very extreme measure, and it is well known that in the majority of cases, it was done only in Eretz Yisroel. They [i.e. the Sages in Eretz Yisroel] are the ones to establish the months and declare a leap year, when they gather together and use the accepted methods.
There is a very important principle upon which the Torah's perspective13 on this subject is based, which is only understood and fully realized by those who delve deeply into the Torah, as follows. This that we outside Eretz Yisroel use our system to make calculations and we declare that "this day is the first of the month," and "this day is a holiday," does not in any way mean that we are making this day based on our calculations. Rather, it is because the Bais Din in Eretz Yisroel has already established that the day is a holiday or Rosh Chodesh. The day becomes a holiday or Rosh Chodesh upon their declaration, "Today is Rosh Chodesh, or "Today is a holiday"; regardless of whether they based their actions on calculations or testimony.14
This [that the Bais Din HaGadol in Eretz Yisroel has absolute authority] is known to us through the verse15, "[Speak to the Israelites and tell them, 'These are the holidays] that you shall designate.' " Our Sages explain16, "These are the only holidays." The meaning of this statement, as passed down in the Oral Tradition: whatever they [i.e. the Bais Din] designate as holidays are considered holidays, even if they made an error, were forced [into making a declaration], or misled.
The calculations which we make today are only to know which day they established in Eretz Yisroel, since they use the exact same system to make calculations and to determine the day – not testimony. Therefore, we are really basing ourselves on their determination, rather than our own calculations, which are only used to reveal [what they already determined previously]. One must clearly understand this.
I will give some additional explanation: let us assume, for example, that there would be no Jewish inhabitants in Eretz Yisroel (G‑d forbid such a thing, since He has already promised that he will never completely wipe out or uproot the Jewish nation17); that there would be no Bais Din there, nor a Bais Din outside Eretz Yisroel which had been ordained in Eretz Yisroel. In such a case, our calculations would be totally futile,18 since we, who dwell outside Eretz Yisroel, may not make the calculations, nor declare leap years nor establish the months without the conditions mentioned above,19 since, "For from Zion shall go forth the Torah, and the word of the L‑rd from Jerusalem."20 A person who fully understands the words of the Talmud in this subject will, upon meditation, undoubtedly agree with the abovementioned.
The Torah contains brief references to the basic principles which are relied upon to know when Rosh Chodesh and the leap years occur. Among them: "This law must therefore be kept at its designated time (l'moadah)."21 Our Sages said,22 "This teaches you that one may add on to the leap year only close to the holiday" [moed, i.e. Pesach23].
They also said,24 "From which verse do we derive that only during the daytime may we officially add on to the month or officially declare Rosh Chodesh? From the verse,25 'miyamim yamimah.' "26
[So too,] G‑d's statement27 (exalted be He), "[This month shall be the head month to you; the first month] of the months of the year." On this our Sages said,28 "The year must be composed of months, not of [odd] days", meaning that when adding on to the year, a complete month must be added.29
There is also a verse,30 "a month of days." Our Sages commented,31 "the month must be composed of days, not of [odd] hours". [So too] the verse,32 "safeguard the month of Aviv,"33 which implies that in calculating the year we must take into account the seasons. Therefore, they shall be years [based not only on the moon but also] based on the sun.
All the details of this mitzvah have been completely explained in the first chapter of Sanhedrin,34 in tractate Rosh Hashanah,35 and in Berachos.
FOOTNOTES
1.The lunar month has approximately 29 1/2 days. Since, as mentioned later in this mitzvah, a month may only consist of complete days, one must determine whether a particular month has 29 or 30 days. This could be done either by witnesses, who testified that they saw the moon appear on the 30th day, or by making the astronomical calculations.
In addition, the holidays must fall out in the proper season: Pesach in the spring, etc. Since the lunar year is only 354 days and the solar year 365 days, each lunar year is 11 days short. Therefore, an additional lunar month must be periodically added in order to maintain the proper timing of the holidays.
2.Ex. 12:2.
3.Rosh Hashanah 22a.
4.I.e. to Moshe and Aharon. In later generations, it applies to the most important heads of the generation. See Rashi, ibid.
5.This would be a sign that Pesach is too early and therefore a month must be added.
6.Such as the spring solstice falling out later than the 16th of Nissan.
7.Unless there is no Sage in Eretz Yisroel of sufficient stature. See below.
8.I.e. Egypt. See Heller edition, note 10.
9.And therefore, even in the Rambam's times, they attempted to do this mitzvah by determining the calendar on the basis of testimony, each location individually. See Yad Halevi, note 8.
10.Trying to disprove the Karaites with faulty reasoning — saying, for example, that the primary mitzvah is to base everything on calculations, rather than testimony, even when the Bais Din HaGadol was in existence (unlike the Rambam's reasoning). See Kapach, 5731, note 40. The Rambam therefore proceeds to explain the function of the calculations.
11.See below for the preciseness of this wording — that today we use the calculations only to "know" what was previously established, not to ourselves establish Rosh Chodesh.
12.Berachos 63a.
13.This phrase can also be translated, "full understanding." See Kapach, 5731, note 44.
14.See note below regarding today's situation, where there is no Bais Din Hagadol in Eretz Yisroel.
15.Lev. 23:2.
16.Rosh Hashanah 25a.
17.For the source of this statement, see Tzafnas Paneach; Yermiyahu 31:35-36 and Guide to the Perplexed Part II, ch.28 (quoted in Kapach, 5731, note 51.)
18.The Ramban asks, if so, how can we have holidays and a calendar today?
However, there is a tradition (see Rashba, responsa, Vol.4, No.254) that Hillel HaNassi, in Eretz Yisroel, established a calendar until the arrival of Moshiach. Therefore, we can use our calculations to determine exactly what was previously established. According to many commentaries (see, for example, Megillas Esther; Chinuch) this is also the opinion of the Rambam. However, see Avnei Nezer, Orach Chaim, 310, 311; Maharam Shick, Mitzvah 4; Chasam Sofer, Yoreh Deah, 234.
19.I.e. in cases of dire need, when there are no Sages in Eretz Yisroel, and when the Bais Din outside Eretz Yisroel was previously ordained in Eretz Yisroel.
20.Yeshayahu 2:3.
21.Ex. 13:10.
22.Mechilta D'Rashbi.
23.The extra month of the leap must be an additional Adar, right before Nissan, the month of Pesach.
24.Mechilta D'Rashbi.
25.Ex. 13:10.
26.Literally, "from day to day." The standard translation of this verse, however, is "from year to year," or "every year."
27.Ex. 12:2.
28.Megilah 5a.
29.Unlike the solar leap year, where one day is added.
30.Num. 11:21.
31.Megillah 5a.
32.Deut. 16:1.
33.I.e. the spring solstice.
34.11a.
35.20a.
Rambam:
• 1 Chapter A Day: Kri'at Shema Kri'at Shema - Chapter Two
English Text | Hebrew Text
Audio: Listen | Download | Video ClassKri'at Shema - Chapter Two
1
One who recites the first verse of Kri'at Shema - i.e., Shema Yisrael... - without intention, does not fulfill his obligation. [One who recites] the rest without intention fulfills his obligation.
Even a person studying Torah in his usual way or proofreading these portions at the time of Kri'at Shema fulfills his obligation provided he concentrates his intention for the first verse.
א
הקורא את שמע ולא כיון לבו בפסוק ראשון שהוא שמע ישראל לא יצא ידי חובתו והשאר אם לא כיון לבו יצא אפי' היה קורא בתורה כדרכו או מגיה את הפרשיות האלו בעונת קריאה יצא והוא שכיון לבו בפסוק ראשון:
Commentary on Halachah 1
2
A person may recite [the Shema] as he is, whether standing, walking, lying down or riding on the back of an animal. It is forbidden to recite the Shema while lying face down on the ground or flat on one's back with his face pointing upwards. However, one may recite it lying on his side.
A particularly obese person who cannot turn over onto his side or a sick person should lean slightly to the side and [then] recite it.
ב
כל אדם קורין כדרכן בין עומדין בין מהלכין בין שוכבין בין רוכבין על גבי בהמה ואסור לקרות קריאת שמע והוא מוטל ופניו טוחות בקרקע או מושלך על גבו ופניו למעלה אבל קורא הוא והוא שוכב על צדו ואם היה בעל בשר הרבה ואינו יכול להתהפך על צדו או שהיה חולה נוטה מעט לצדו וקורא:
Commentary on Halachah 2
3
A person who is walking on foot must stop for the first verse. He may recite the rest while walking. If one is sleeping, we should disturb him by awakening him until he reads the first verse. From that point on, if he is overcome by sleep, we are not obligated to disturb him.
ג
מי שהיה מהלך על רגליו עומד בפסוק ראשון והשאר קורא והוא מהלך היה ישן מצערין אותו ומעירין אותו עד שיקרא פסוק ראשון ומכאן ואילך אם אנסתו שינה אין מצערין אותו:
Commentary on Halachah 3
4
A person who is involved in work must stop while he recites the whole first section. Artisans must also interrupt their work for the first section, in order that their recitation should not be haphazard. They may recite the rest while working in their normal manner. Even one standing in a tree or on top of a wall may read [the Shema] where he is, reciting the blessings before and after it.
ד
מי שהיה עוסק במלאכה מפסיק עד שיקרא פרשה ראשונה כולה וכן האימנין בטלין ממלאכתן בפרשה ראשונה כדי שלא תהא קריאתן עראי והשאר קורא הוא כדרכו ועוסק במלאכתו אפילו היה עומד בראש האילן או בראש הכותל קורא במקומו ומברך לפניה ולאחריה:
Commentary on Halachah 4
5
A person who is studying Torah when the time to recite the Shema arrives should stop to recite the Shema with the blessings before and after it. One who is involved in community matters should not stop, but rather finishes his work and reads the Shema if there is still time left.
ה
היה עוסק בתלמוד תורה והגיע זמן קריאת שמע פוסק וקורא ומברך לפניה ולאחריה היה עוסק בצרכי רבים לא יפסוק אלא יגמור עסקיהן ויקרא אם נשאר עת לקרות:
Commentary on Halachah 5
6
A person who is eating, is in the bathhouse, is having a haircut, is working with skins or is involved in court, should complete [his task] and recite the Shema afterwards. If he fears that the time for its recitation will pass, and, [therefore,] stops to recite it, he has acted in a praiseworthy fashion.
ו
היה עוסק באכילה או שהיה במרחץ או שהיה עוסק בתספורת או שהיה מהפך בעורות או שהיו עוסקין בדין גומר ואח"כ קורא קריאת שמע ואם היה מתיירא שמא יעבור זמן קריאה ופסק וקרא הרי זה משובח:
Commentary on Halachah 6
7
A person who immerses in a ritual bath and is able to come up and dress before sunrise, should do so, and [then] recite [the Shema]. If he is afraid that perhaps the sun will rise before he can recite the Shema, he should cover himself with the water in which he stands and recite the Shema.
He should not cover himself with putrid water that has an unpleasant odor or with water that has been used for soaking flax or with water so clean that his nakedness is visible. However, he may cover himself with murky water that has no unpleasant odor and recite [the Shema] where he is.
ז
מי שירד לטבול אם יכול לעלות ולהתכסות קודם שתנץ החמה יעלה ויתכסה ויקרא ואם היה מתיירא שמא תנץ החמה קודם שיקרא יתכסה במים שהוא עומד בהן ויקרא ולא יתכסה לא במים הרעים שריחן רע ולא במי המשרה ולא במים צלולין מפני שערותו נראית בהן אבל מתכסה הוא במים עכורין שאין ריחן רע וקורא במקומו:
Commentary on Halachah 7
8
While reciting the Shema, one should not gesture with his eyes or lips, or point with his fingers, in order that his reading not be haphazard. If one were to do this, although he does fulfill his obligation, he has acted improperly.
One should recite the Shema so that his words are audible to himself. [However, even] if he does not do this, he fulfills his obligation. One must enunciate the letters clearly. [However, even] if he does not do this, he fulfills his obligation.
ח
הקורא קריאת שמע לא ירמוז בעיניו ולא יקרוץ בשפתיו ולא יראה באצבעותיו כדי שלא תהיה קריאתו עראי ואם עשה כן אף על פי שיצא ידי חובתו הרי זה מגונה וצריך להשמיע לאזנו כשהוא קורא ואם לא השמיע לאזנו יצא וצריך לדקדק באותיותיו ואם לא דקדק יצא:
Commentary on Halachah 8
9
How must one enunciate? He must be careful not to pronounce [a letter with] a strong dagesh as if there were no dagesh, or [a letter with] no dagesh as if there were one. Nor should one pronounce the silent sheva or silence the pronounced sheva.
Therefore, one must pause between two words in which the first word ends with the same letter with which the second word begins. For example, when reading בכל לבבך (bechol levavcha) (Deuteronomy 6:5), one should pause slightly between בכל (bechol) and לבבך (levavcha). [One should act] similarly in the cases of ואבדתם מהרה (va'avad'tem meheirah) (Deuteronomy 11:17) and הכנף פתיל (hacanaf p'til) (Numbers 15:38).
One must also pronounce distinctly the zayin of תזכרו (tizkeru) (Numbers 15:40).
One should sufficiently elongate the dalet in אחד (echad) (Deuteronomy 6:4) in order to proclaim God's sovereignty over the Heaven and the Earth, and all four directions. The chet in אחד (echad, ibid.) should not be shortened so that the word sounds like איחד (ee-chad).
ט
כיצד ידקדק ישמור שלא ירפה החזק ולא יחזיק הרפה ולא יניח הנד ולא יניד הנח לפיכך צריך ליתן ריוח בין הדבקים בין כל שתי אותיות הדומות שאחת מהן סוף תיבה והאחרת תחלת תיבה הסמוכה לה כגון בכל לבבך קורא בכל ושוהה וחוזר וקורא לבבך וכן ואבדתם מהרה הכנף פתיל וצריך לבאר זיי"ן של תזכרו וצריך להאריך בדל"ת של אחד כדי שימליכהו בשמים ובארץ ובארבע רוחות וצריך שלא יחטוף בחי"ת כדי שלא יהא כאומר אי חד:
Commentary on Halachah 9
10
A person may recite the Shema in any language he understands. One who recites in a foreign language must be as scrupulous in his enunciation as if he were reciting it in the Holy Tongue.
י
קורא אדם את שמע בכל לשון שיהיה מבינה והקורא בכל לשון צריך להזהר מדברי שבוש שבאותו הלשון ומדקדק באותו הלשון כמו שמדקדק בלשון הקדש:
Commentary on Halachah 10
11
One who reads [the Shema] out of order does not fulfill his obligation. This refers to the order of the verses. However, were one to reverse the order of the sections, even though it is not permitted, I hold that he does fulfill his obligation, since these sections are not sequential in the Torah.
To recite a verse and then repeat it again is improper. One who reads a word and then repeats it, such as one who recites Shema, Shema, should be silenced.
יא
הקורא למפרע לא יצא בד"א בסדר הפסוקים אבל אם הקדים פרשה לפרשה אף ע"פ שאינו רשאי אני אומר שיצא לפי שאינה סמוכה לה בתורה קרא פסוק וחזר וקראו פעם שנייה הרי זה מגונה קרא מלה אחת וכפלה כגון שקרא שמע שמע משתקין אותו:
Commentary on Halachah 11
12
If one reads intermittently, he fulfills his obligation, even if he pauses between each reading an amount of time sufficient to complete the entire Kri'at Shema.
This refers to the one who recites it in order. If one recites it while drowsy - i.e., not fully awake, but not fast asleep - he fulfills his obligation, as long as he was fully awake while reciting the first verse.
יב
קראה סירוגין יצא אפילו שהה בין סירוג לסירוג כדי לגמור את כולה יצא והוא שיקרא על הסדר קראה מתנמנם והוא מי שאינו ער ולא נרדם בשינה יצא ובלבד שיהיה ער בפסוק ראשון:
Commentary on Halachah 12
13
One who is unsure whether or not he recited the Shema, should recite it with the blessings before and after it. However, if he is sure that he recited the Shema, but is in doubt regarding whether he recited the blessings before and after it, he need not recite the blessings again.
A person who made a mistake while reciting [the Shema] should return to the point of his mistake. If one becomes confused and forgets which section he has just completed, he should return to the first section - i.e., "And you shall love God, your Lord" (Deuteronomy 6:5).
יג
ספק קרא קריאת שמע ספק לא קרא חוזר וקורא ומברך לפניה ולאחריה אבל אם ידע שקרא ונסתפק לו אם בירך לפניה ולאחריה או לא בירך אינו חוזר ומברך קרא וטעה יחזור למקום שטעה נעלם ממנו בין פרשה לפרשה ואינו יודע אי זו פרשה השלים ואי זו צריך להתחיל חוזר לפרשה ראשונה שהוא ואהבת את ה' אלהיך וגו':
Commentary on Halachah 13
14
A person who errs in the middle of a section and is unaware of where he paused, should return to the beginning of that section.
One who recited וכתבתם (uch'tavtam) but does not know whether or not he recited uch'tavtam of [the section of] "Shema" or of [the section of] והיה אם שמוע (And if you will listen), should return to uch'tavtam of "Shema." However, if his doubt arises only after having recited למען ירבו ימיכם (In order that your days be multiplied) (Deuteronomy 11:21), he need not return, because [we assume] he has recited in accordance with the natural pattern of his speech.
יד
טעה באמצע הפרק ואינו יודע להיכן פסק חוזר לראש הפרק היה קורא וכתבתם ואינו יודע אם הוא בוכתבתם של שמע או בוכתבתם שבוהיה אם שמוע חוזר לוכתבתם של שמע ואם נסתפק לו אחר שקרא למען ירבו ימיכם אינו חוזר שעל הרגל לשונו הוא הולך:
Commentary on Halachah 14
15
[The following rules apply when] one encounters other people or is approached by them while reciting the Shema. If he is between sections, he should stop and greet those he is obligated to honor - e.g., his father, his teacher or anyone greater than he in learning. He may return the greetings of any person who initiates the friendly exchange.
טו
היה קורא ופגע באחרים או פגעו בו אחרים אם היה בין פרק לפרק פוסק ומתחיל ושואל שלום מי שהוא חייב בכבודו כגון שפגע באביו או רבו או מי שהוא גדול ממנו בחכמה ומשיב שלום לכל אדם שנתן לו שלום:
Commentary on Halachah 15
16
If one is in the middle [of a section], he may stop and initiate an exchange of greetings only with someone of whom he is afraid - e.g., a king or tyrant. However, he may return the greetings of those he is obligated to honor - e.g., his father or his teacher.
טז
היה קורא באמצע הפרשה אינו פוסק ומתחיל לשאול אלא בשלום מי שהוא מתיירא ממנו כגון מלך או אנס וכיוצא בהן אבל מי שהוא חייב בכבודו כגון אביו או רבו אם נתן לו שלום תחלה פוסק ומשיב לו שלום:
Commentary on Halachah 16
17
These are the intervals between the sections: between the first blessing and the second; between the second [blessing] and Shema; between the first and second sections of Kri'at Shema; between the second and third sections of Kri'at Shema.
Between these sections, one initiates an exchange with one whom it is his duty to honor and responds to the greetings of anyone. However, the interval between the end of the third section of Kri'at Shema and [the paragraph beginning with] Emet v'yatziv is considered the middle of a section, and one may interrupt only to greet one of whom one is afraid, or to respond to the greetings of someone one is obligated to honor.
יז
ואלו הן בין הפרקים בין ברכה ראשונה לשנייה בין שנייה לשמע בין שמע לוהיה אם שמוע בין והיה אם שמוע לויאמר בין הפרקים האלו שואל מפני הכבוד ומשיב שלום לכל אדם אבל בין ויאמר לאמת ויציב הרי זה כאמצע הפרק ולא יפסיק אלא לשאול מפני היראה ולהשיב מפני הכבוד:
Commentary on Halachah 17
Rambam:
• 3 Chapters A Day: Shekalim Shekalim - Chapter Four, Kiddush HaChodesh Kiddush HaChodesh - Chapter One, Kiddush HaChodesh Kiddush HaChodesh - Chapter Two
English Text | Hebrew Text
Audio: Listen | Download | Video ClassShekalim - Chapter Four
1
What [are the funds in] terumat halishcah1 used for? From [these funds] they would purchase the daily offerings sacrificed every day, the additional offerings [sacrificed on Sabbaths, Rashei Chodashim and festivals], all other communal sacrifices, and the wine libations [that accompany them].
Similarly, [these funds were used to purchase] the salt that was placed on all the sacrifices,2 and similarly, the wood for the altar, if no wood was provided3 and it was necessary that it be purchased.
[They were used to pay for spices contained in] the incense offering and the wages of those who prepared it,4 the showbread and the wages of those who prepared it, the omer [of barley], the two loaves, a red heifer, the goat sent to Azazel and the scarlet thread tied between its horns.5
א
תרומת הלשכה מה יעשה בה. לוקחין ממנה תמידין של כל יום והמוספין וכל קרבנות הצבור ונסכיהם והמלח שמולחין בו כל הקרבנות. וכן העצים אם לא הביאו עצים ולא נמצאו אלא בדמים. והקטרת ושכר עשייתה. ולחם הפנים ושכר עושי לחם הפנים. והעומר ושתי הלחם ופרה אדומה ושעיר המשתלח ולשון של זהורית שקושרין בין קרניו כל אלו באין מתרומת הלשכה:
2
In contrast, [the funds to purchase] a bull brought as a sin offering [for a transgression performed by the community due to] lack of awareness, and the goats [offered by the community for transgressing the prohibition against] the worship of false divinities should be collected [from communal donations], and should not be purchased [with the funds of] terumat halishcah.
The curtains before the Sanctuary replaced a [permanent] structure.6Therefore, they should not be purchased [with the funds of] terumat halishcah, but rather [with funds that were] consecrated for bedek habayit ["the upkeep of the Temple"]. The curtains covering the gates, by contrast, should be purchased [with the funds of] terumat halishcah.
It is ordained that [the funds necessary to fashion] the menorah and the other sacred articles should come from [the funds stemming from] the remainder of the libations. In Hilchot Klei HaMikdash V'Ha'ovdim Bo (the "Laws Governing the Temple Vessels and Those Who Serve Within"),7 the term "the [funds stemming from] the remainder of the libations" will be explained.8 If, however, no such funds are available, [the funds necessary for] these [sacred articles] should come from terumat halishcah.
[The funds necessary to fashion] the priestly garments, those of the High Priest and those of all the other priests who serve in the Temple should come from terumat halishcah.
ב
אבל פר העלם דבר של צבור ושעירי עבודת כוכבים בתחלה גובין להן ואינן באין מתרומת הלשכה. פרוכות של היכל תחת בנין עשויות ואינן באין מתרומת הלשכה אלא מקדשי בדק הבית. אבל פרוכות של שערים באין מתרומת הלשכה. המנורה וכלי שרת מצותן שיבואו ממותר הנסכים. ובהלכות כלי המקדש והעובדים בו יתבאר מה הוא מותר הנסכים. ואם לא היה להן מותר נסכים יביאו מתרומת הלשכה. בגדי כהונה בין בגדי כהן גדול בין שאר בגדי הכהנים שעובדין בהן במקדש הכל מתרומת הלשכה:
3
All the animals that are found in Jerusalem or its outskirts should be sacrificed as burnt offerings, as stated in [Hilchot] Pesulei HaMukdashim [the "Laws Governing Consecrated Animals That are Unfit"].9 The wine libations for these offerings should come from terumat halishcah.10
Similarly, if a gentile sent a burnt offering11 from another land, and did not send with it the funds for a wine libation, the wine libation should come from terumat halishcah.
ג
כל הבהמות הנמצאות בירושלים או בחוצה לה בקרוב ממנה באות עולות כמו שיתבאר בפסולי המוקדשין. נסכיהן באין מתרומת הלשכה. וכן עובד כוכבים ששלח עולתו ממדינה אחרת ולא שלח עמה דמי נסכים יביאו נסכיהם מתרומת הלשכה:
4
[The following laws apply when] a convert12 dies and leaves [animals designated as] offerings. If he also designated wine [or funds for] their wine libations, they should come from [what he designated]. If not, they should come from terumat halishcah.
When a High Priest dies, and a successor is not appointed [immediately], we should [pay] for the chavitin offering13 from terumat halishcah.14
The [Rabbis who] inspect blemishes [on first-born animals]15in Jerusalem, the Sages who teach16 the laws of ritual slaughter and the laws of taking a handful from the meal offering, and the women who raise their sons to take part in the offering of the red heifer17 all receive their wages from terumat halishcah.
What would their wages be? An amount decided by the court.
ד
גר שמת והניח זבחים אם יש לו נסכים קרבין משלו ואם לאו באין מתרומת הלשכה. כהן גדול שמת ולא מנו אחר תחתיו מקריבין את החביתין מתרומת הלשכה. מבקרי מומים שבירושלים ותלמידי חכמים המלמדים הלכות שחיטה לכהנים והלכות קמיצה ונשים המגדלות בניהן לפרה אדומה כולן נוטלין שכרן מתרומת הלשכה. וכמה הוא שכרן כמו שיפסקו להן בית דין:
5
In a Sabbatical year, when [the produce of the fields] is ownerless, the court hires watchmen to protect some of the produce that grows on its own,18 so that it will be possible to offer the omer [of barley]19 and the two loaves of bread,20for these offerings may come only from the new harvest. These watchmen receive their wages from terumat halishcah.
ה
בשנת השמיטה שהיא הפקר שוכרין בית דין שומרין שישמרו מקצת ספיחים שצמחו כדי שיביאו מהן העומר ושתי הלחם שאין באים אלא מן החדש. ואלו השומרין נוטלין שכרן מתרומת הלשכה:
6
Should a person volunteer to watch the produce without charge, his offer is not accepted, lest men of force come and take it. [To prevent this,] the Sages ordained that the watchmen be paid from the funds of the Temple treasury. [This] will prompt everyone to avoid that place where the guards are posted.21
ו
מי שהתנדב לשמור בחנם אין שומעין לו משום בעלי זרוע שמא יבואו ויטלום מהן. לפיכך תיקנו להם חכמים שיטלו שכר מן הלשכה כדי שיפרשו הכל מאותו מקום שאלו שומרים שם:
7
Scribes who check Torah scrolls in Jerusalem and judges in Jerusalem who preside over cases of robbery receive their wages22 from terumat halishcah.
How much are they paid? Ninety23 maneh24 a year. If this is not sufficient for their [needs], they are given - even against their will25 - an additional amount sufficient to meet their needs, those of their wives, their children, and the other members of their household.26
ז
מניחי ספרים שבירושלים ודיינין שדנין את הגזלנין בירושלים נוטלין שכרן מתרומת הלשכה. וכמה היו נוטלים תשעים מנה בכל שנה ואם לא הספיקו להן אף על פי שלא רצו מוסיפין להן כדי צרכן הם ונשיהם ובניהם ובני ביתן:
8
Both the ramp that was built from the Temple Mount to the Mount of Olives, on which the red heifer was led [to the Mount of Olives],27 and the ramp on which the goat sent to Azazel was led [outside the city28 were paid for] from sheyarei halishcah.29
Similarly, [any improvements necessary for] the altar for the burnt offerings, the Temple building, or the Temple courtyards [were paid for] from the sheyarei halishcah.30 The water conduit, the walls of Jerusalem, its towers, and all the needs of the city [were paid for] from the sheyarei halishcah.
Should a gentile, even a resident alien,31 offer to donate money for these purposes, or to labor in these projects without charge, [his offer] should be rejected, for [Ezra 4:3] states: "It is not for you, together with us, to build [the House of our Lord," and [Nechemiah 2:20] states "And you have no portion, right, or memorial in Jerusalem."
ח
כבש היו בונין מהר הבית להר המשחה שעליו היו מוציאין פרה אדומה. וכבש שמוציאין עליו שעיר המשתלח. ושניהם נעשין משירי הלשכה. וכן מזבח העולה וההיכל והעזרות נעשין משירי הלשכה. אמת המים שבירושלים וחומת ירושלים וכל מגדלותיה וכל צרכי העיר באין משירי הלשכה. ועובד כוכבים שהתנדב מעות לדברים האלו או לעשות עמהם בחנם אין מקבלין ממנו ואפילו גר תושב. שנאמר לא לכם ולנו לבנות וגו' ונאמר ולכם אין חלק וגו':
9
[The funds remaining from] terumat halishcah and sheyarei halishcah should be used to purchase male animals to be sacrificed as burnt offerings. For it is a condition made by the court that all the remaining funds be used for burnt offerings.32
They are not, however, used to purchase doves for burnt offerings, for doves are never used for communal sacrifices. These burnt offerings that come from the funds remaining from the collection of the shekalim are referred to as "the dessert of the altar."33
ט
מותר תרומת הלשכה ושירי הלשכה לוקחין בו זכרים ויקרבו כולן עולות שתנאי בית דין הוא על כל המותרות שיקרבו עולת בהמה. אבל לא עולת העוף שאין בקרבנות הצבור עוף. ואלו העולות הבאין ממותר השקלים הם הנקראים קיץ למזבח:
10
Should the [collection from the half-]shekalim not be sufficient [to purchase everything necessary] for all the communal sacrifices, the [funds for] whatever is necessary should be taken from [the articles] consecrated for Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure.34
[The converse, however, does not apply. When improvements are necessary, but the resources of] Bedek HaBayit are lacking, [the improvements] should not [be paid for] from funds consecrated for [sacrifices for] the altar.
י
שקלים שלא הספיקו להן לכל קרבנות הצבור מוציאין את הראוי להם מקדשי בדק הבית. אבל אין בדק הבית מוציא את הראוי לו מקדשי המזבח:
11
From Rosh Chodesh Nisan onward, the communal offerings should be brought from the new collection [of shekalim].35 If, however, [the funds from] the new collection have not reached [the Temple treasury], [funds from] the collection of the previous year may be used.36
Therefore, [the following rule should be applied] if there are animals designated for the daily offerings37 that were purchased from the collection of the previous year when Rosh Chodesh Nisan arrives: They should be redeemed38 and used for mundane purposes,39 despite the fact that they are unblemished. The proceeds should be placed in the collection of funds from the previous year that are used to provide "dessert"40 for the altar. [This is possible because the] court made a stipulation that should there be no need for any of the animals purchased for the daily offerings, it would be possible to [redeem the animals and] use them for mundane purposes.
יא
משיגיע ראש חדש ניסן אין מקריבין קרבנות צבור אלא מתרומה חדשה ואם לא באה החדשה לוקחין מן הישנה. לפיכך אם הגיע ראש חדש ניסן ויש עמהן בהמות לתמידים מתרומה ישנה פודין אותן ויוצאין לחולין אף על פי שהן תמימין ויפלו דמיהן לתרומה ישנה שמקיצין בה את המזבח. שתנאי בית דין הוא על כל הבהמות שלוקחין לתמידין שאם לא יהיו צריכין להן יצאו לחולין:
12
After Rosh Chodesh Nisan arrived, the following [procedure] would be adhered to concerning the remainder of the incense offering:41 They would transfer the consecrated quality [of the incense] to [the funds designated] to be given to the artisans [who prepared it] as their wages. These funds were then used for "the dessert of the altar," and the artisans would take the remainder of the incense offering as their wages.42 Afterwards, they would buy back the incense from [the artisans] with money from the new collection [of shekalim]. If the funds from the new collection had not arrived, they would offer the incense [purchased with funds] from the collection of the previous year.
יב
וכך היו עושין במותר הקטרת. משיגיע ראש חדש ניסן מחללין אותו על שכר האומנין וחוזרין מעות השכר לקיץ המזבח ונוטלין האומנין מותר הקטרת בשכרן וחוזרין ולוקחין את הקטרת מהן מתרומה חדשה כדי להקריבה ממעות תרומה חדשה. ואם אין להן תרומה חדשה מקטירין אותה מתרומה ישנה: סליקו להו הלכות שקלים
FOOTNOTES
1.As mentioned in Chapter 2, Halachah 4, this term refers to the funds collected from the half-shekalim and placed in the three large baskets. In addition, other funds remained from the half-shekalim in this chamber, and the Temple treasury had other funds from other sources.
2.This applies even to the private offerings that people would bring. A person was not required to bring the salt (or wood) to be used for his sacrifice (Hilchot Issurei Mizbe'ach 5:13).
3.As mentioned in Hilchot Klei HaMikdash 6:9, certain families were given the privilege of providing the wood for the altar in the Temple. If, however, the wood they brought did not suffice, additional wood would be purchased from the funds in the Temple treasury.
4.See also Halachah 12.
5.Note the Mishneh LaMelech, which states that the text contains a printing error, and that the scarlet thread is a reference to the scarlet thread used in the ceremony of the burning of the red heifer. There are, however, later commentaries that justify the standard text.
6.Based on Rashi, Ketubot 106a, it appears that this refers to the two curtains that separated the Sanctuary from the Holy of Holies. In the First Temple, a wall served this function. The Second Temple was much taller than the First Temple (100 cubits, as opposed to 30), and a wall only a cubit thick and 100 cubits high would not be structurally sound. Therefore, the Sages replaced the wall with two curtains. See Hilchot Beit HaBechirah 4:2. Since these curtains replaced a structure of stone, they were governed by different rules from those governing the other curtains in the Temple. Among the differences was that they were not paid for from these funds.
7.One of the 83 sections of the Mishneh Torah; the second section of Sefer HaAvodah, "the Book of Divine Service."
8.In Chapter 7, Halachah 13 of those laws, the Rambam writes that the prices for the wine for the libations and the flour for the meal offerings are fixed with the suppliers every thirty days. If the price for these commodities increases on the general market, the suppliers are still obligated to provide the Temple with the commodities at the price agreed upon previously. If, however, the price for them decreases on the general market, the suppliers must sell them to the Temple at their present market value. The profit realized by the Temple treasury in this manner is referred to as "the [funds stemming from] the remainder of the libations."
Significantly, however, in those laws the Rambam mentions that these funds are used to purchase burnt offerings, and does not mention that they were used to fashion the sacred articles. The commentaries resolve this discrepancy by stating that only rarely was it necessary to purchase sacred articles. Hence, these funds were primarily used for the purchase of burnt offerings.
9.Chapter 6, Halachah 18.
10.Shekalim 7:5 relates that the Temple officers would originally require the person who discovered the animal to bring the wine libation that accompanied it. When this led to a negative outcome, they decided to have the wine libations brought from communal funds.
11.For the burnt offering sent by a gentile may be sacrificed in the Temple (Hilchot Ma'aseh HaKorbanot 3:2). Were the gentile to send wine for the libations, it would not be acceptable (ibid.:5).
12.I.e., a convert without Jewish heirs. If he has heirs, and similarly for a native-born Jew who dies after having designated animals as offerings, the heirs are required to supply the wine libations.
13.A meal offering resembling a pancake, brought daily by the High Priest.
14.The Kessef Mishneh notes a contradiction between the Rambam's statements here and those in Hilchot Temidim UMusafim 3:22, where he states that the High Priest's meal offering should be brought by his heirs after he dies. (It must be noted that a similar contradiction can be found in the Rambam's Commentary on the Mishnah. In his commentary on Shekalim 7:5, he renders a decision similar to the ruling in this halachah, while in his commentary on Menachot 4:5, his decision is analogous to that rendered in Hilchot Temidim UMusafim.)
Rav Kapach offers the following resolution: If a High Priest dies without bringing a meal offering on a particular day, his heirs are required to bring it. On subsequent days, however, the offering should be brought from communal funds.
15.A first-born animal that has a permanent blemish must be given to a priest as a gift. It is not, however, sacrificed on the altar. One of the points of Rabbinic expertise mentioned by the Talmud is the ability to distinguish between a temporary blemish and a permanent one.
Although Tosafot, Ketubot 106a, offers this explanation, they also note that Bechorot 29b forbids accepting a wage for inspecting the blemishes of a first-born. Tosafot, however, differentiate between a wage paid by a private individual and one paid by the community. Alternatively, Tosafot explain that this refers to scholars who inspected animals before they were sacrificed. This was necessary because an animal with a blemish was unfit.
16.This statement is very significant within a totally different context. In Hilchot Talmud Torah 1:7, the Rambam writes that it is forbidden to accept a wage for teaching the Oral Law. See also Chapter 3, Halachah 10 of those laws, where the Rambam writes:
Anyone who comes to the conclusion that he should involve himself in Torah study without performing work, and derive his livelihood from charity, desecrates [God's] name, dishonors the Torah, and extinguishes the light of faith.... [See also the Rambam's Commentary on the Mishnah (Nedarim 4:3; Avot 4:7).]
The above ruling appears to contradict these statements. Among the resolutions offered is that here, the Rambam is allowing the teachers to receive recompense because instructing the students is their occupation. Were they not charged with this responsibility, they would occupy themselves in another profession. Alternatively, they were allowed to receive payment for teaching the practical side of these activities, and not their theoretical dimensions.
17.See Hilchot Parah Adumah 2:7, which explains that it was customary that a person who never contracted ritual impurity at all be the one who takes part in the purification rite of the High Priest before he offers the red heifer. For this purpose, women would raise their children in a specific area of Jerusalem, making certain that they never came in contact with a source of impurity.
18.Although we are forbidden to plant any crops in the Sabbatical year, the Torah allows us to benefit from the small amount of produce that grows on its own accord from left-over seeds and the like. Our Sages forbade deriving personal benefit from such produce (Hilchot Shemitah 4:1-2); it may, however, be used for a mitzvah. Nevertheless, because the prohibition was only Rabbinic in origin, it was not observed carefully by the entire population. Hence, to ensure that there was a sufficient quantity of grain available for these offerings, it was necessary to hire watchmen.
19.Offered on the sixteenth of Nisan (Leviticus 23:11).
20.Offered on the holiday of Shavuot (Ibid.:17).
21.Rashi, Bava Metzia 118a, states that hiring people to watch it makes it public knowledge that it was designated for use as an offering. Hence, even men of force will refrain from harvesting these crops.
22.Hilchot Sanhedrin 23:5 states that a judge is forbidden to receive a wage for presiding over a case. Nevertheless, these judges were paid a wage, for their involvement in these cases prevented them from pursuing any other means of deriving a livelihood.
23.Ketubot 105a states ninety-nine maneh.
24.A maneh was 100 dinarim. As can be derived from Chapter 1, Halachah 3, a dinar was equivalent to the weight of 96 barleycorns of silver.
25.I.e., even if the judges do not feel it correct to impose on the community, the needs of their households are to be met.
26.Note the Chatam Sofer (Choshen Mishpat, Responsum 5), who states that the judges' needs should be generously provided for.
27.See Hilchot Parah Adumah 3:1-2.
28.Yoma 66a states that this ramp was built because the Jews from Egypt would pull the hair of the priest leading the goat to hurry him on his way.
29.As stated in Chapter 2, Halachah 4, the sheyarei halishcah, "the remainder within the chamber," refers to the funds that remain from the collection of shekalim after the coins were placed in the three large baskets.
30.The Kessef Mishneh notes that Ketubot 106a states that the funds for these improvements should come from Bedek HaBayit, the resources consecrated for the purpose of maintaining the Temple structure, and not from sheyarei halishcah. Rav Kapach, however, notes that the Shitah Mekubetzet quotes a different version of that Talmudic passage, which appears to be the source for the Rambam's ruling.
31.I.e., a gentile who commits himself to observing the seven universal laws commanded to Noach and his descendants. (See Hilchot Melachim 8:10, 9:1-2.) This concept is derived from the fact that the Samaritans who volunteered to assist Zerubavel in the construction of the Second Temple were not idol worshipers (Kessef Mishneh).
32.Since the funds were given with a specific intent, they could not be used for this purpose unless such a condition was made.
33.Our translation is based on the Rambam's Commentary on the Mishnah (Shekalim 4:4), which explains that the word kayitz refers to the conclusion of the summer, the days of the fig and grape harvest. In addition to the mainstay of their meals, people often eat these fruits. Similarly, these offerings are brought on the altar in addition to the sacrifices that are usually offered.
34.The Ra'avad differs with the Rambam on this point, noting that although the Jerusalem Talmud (Shekalim 5:4) makes a statement resembling the Rambam's ruling, it proceeds to explain that statement as referring only to a specific type of donation: a collection of used utensils. According to the Ra'avad, other resources donated to Bedek HaBayit may be used only for improvements to the Temple. The Kessef Mishneh and others justify the Rambam's ruling.
35.The Jerusalem Talmud (Shekalim 1:1) cites a historical precedent: Just as the first communal sacrifices were brought on the altar in the desert on Rosh Chodesh Nisan, similarly, in subsequent years we renew the practice of bringing communal offerings by using funds from the new collection. In this vein, Rosh HaShanah 7a refers to Rosh Chodesh Nisan as "the Rosh HaShanah for the setting aside of the shekalim."
36.It is, however, as if one "forfeited a mitzvah" (Rosh HaShanah, loc. cit.).
37.It was customary that there be a minimum of six lambs prepared to be offered kept in the Chamber of the Lambs (Hilchot Temidim UMusafim 1:9). This custom was also observed on the twenty-ninth of Adar. Thus, there were always four lambs left over on Rosh Chodesh Nisan (Rashi, Sh'vuot 10b).
38.For the consecrated status of an animal or an article can never be changed without its being redeemed.
39.Avodat HaMelech asks why, concerning these animals, we do not follow the same procedure mentioned in the following halachah concerning the remainder of the incense offering - i.e., that they be redeemed and then purchased again with the funds of the new collection of shekalim.
As a possible resolution, he explains that it is forbidden to use for mundane purposes a collection of spices identical to those of the incense offering (Exodus 30:38; Hilchot Klei HaMikdash 2:9). Thus, there would be no use at all for the remainder of the incense offering. For this reason, the Sages ordained that it be repurchased. Concerning the lambs, by contrast, once they are redeemed there is no difficulty in using them for mundane purposes.
40.See Halachah 9 and notes.
41.Every year, 368 measures of incense were prepared, 365 corresponding to the days of a solar year, and three extra measures for the incense offering of the High Priest on Yom Kippur (Keritot 6a). Since an ordinary lunar year has either 353, 354, or 355 days, in every ordinary year there were always several portions of incense remaining.
42.From the Rambam's Commentary on the Mishnah (Shekalim 4:5), it would appear that the artisans were given the extra portions of the incense at the beginning of the year, they kept the incense in their possession and it was not repurchased from them until the following year. According to either interpretation, the artisans would have to wait an entire year to receive this portion of their wages.
Kiddush HaChodesh - Chapter One
Introduction to Hilchos Kiddush HaChodesh
It contains one positive commandment: To calculate, to determine and to establish the day on which each of the months of the year will begin. This mitzvah is explained in the [following] chapters
הלכות קדוש החדש - הקדמה
מצות עשה אחת והיא לחשב ולידע ולקבוע באי זה יום תחלת כל חדש מחדשי השנה: וביאור מצוה זו בפרקים אלו:
1
The months of the year are lunar months, as [implied by Numbers 28:14]: "... the burnt offering of the month when it is renewed,"1 and [Exodus 12:2]: "This month shall be for you the first of months."2 [Concerning this verse,] our Sages commented:3 The Holy One, blessed be He, showed Moses in the vision of prophecy an image of the moon and told him, "When you see the moon like this, sanctify it."
The years we follow are solar years, as [implied by Deuteronomy 16:1]: "Keep the month of spring."4
א
חדשי השנה הם חדשי הלבנה שנאמר עולת חדש בחדשו ונאמר החדש הזה לכם ראש חדשים. כך אמרו חכמים הראה לו הקב"ה למשה במראה הנבואה דמות לבנה ואמר לו כזה ראה וקדש. והשנים שאנו מחשבין הם שני החמה שנאמר שמור את חדש האביב:
2
How much longer is a solar year than a lunar year? Approximately eleven days.5 Therefore, [to correct the discrepancy between the lunar and the solar calendars,] when these additional days reach a sum of 30 - or slightly more, or slightly less - an additional month is added, causing the year to include thirteen months. This is called a full year.
[This is necessary,] because it is impossible to have a year with twelve months and an odd number of days, as [implied by Numbers 28:14]: "... of the months of the year." [On this verse, our Sages6 commented:] "You count the months of a year, but not the days of a year."
ב
וכמה יתרה שנת החמה על שנת הלבנה קרוב מאחד עשר יום. לפיכך כשיתקבץ מן התוספת הזאת כמו שלשים יום או פחות מעט או יותר מעט מוסיפין חדש אחד ועושין אותה השנה שלשה עשר חדש והיא הנקראת שנה מעוברת. שאי אפשר להיות השנה שנים עשר חדש וכך וכך ימים שנאמר לחדשי השנה חדשים אתה מונה לשנה ואי אתה מונה ימים:
3
The moon becomes hidden and cannot be seen for approximately two days - or [slightly] less or slightly more - every month: approximately one day before its conjunction with the sun at the end of the month, and one day after its conjunction with the sun, [before] it is sighted in the west in the evening.7
The first night when the moon is sighted in the west after being hidden is the beginning of the month. Afterwards, 29 days are counted from that day. If the moon is sighted on the night of the thirtieth [day], the thirtieth day will be Rosh Chodesh [of the following month].
If it is not sighted, Rosh Chodesh will be on the thirty-first day, and the thirtieth day will be included in the previous month. There is no need [to sight] the moon on the thirty-first night; whether or not [the moon] is sighted [the new month begins that night]. For there are no lunar months longer than thirty days.
ג
הלבנה נסתרת בכל חדש ואינה נראת כמו שני ימים או פחות או יותר מעט. כמו יום אחד קודם שתדבק בשמש בסוף החדש וכמו יום אחד אחר שתדבק בשמש ותראה במערב בערב. ובליל שתראה במערב אחר שנסתרה הוא תחלת החדש ומונין מאותו היום תשעה ועשרים יום. ואם יראה הירח ליל שלשים יהיה יום שלשים ראש החדש. ואם לא יראה יהיה ראש החדש יום אחד ושלשים ויהיה יום שלשים מחדש שעבר. ואין נזקקין לירח בליל אחד ושלשים בין שנראה בין שלא נראה. שאין לך חדש לבנה יותר על שלשים יום:
4
When there are twenty-nine days in a month, [because] the moon was sighted on the thirtieth night, the month is called chaseir, ["lacking"]. If the moon is not sighted and the previous month has thirty days, the month is called me'ubar ["pregnant"] or malei ["full"].
When the moon is sighted on the thirtieth night, the moon is said to have been sighted at the appropriate time. When the moon is sighted on the thirty-first night, but not on the thirtieth night, the moon is described as having been seen on the night of its fullness.
ד
חדש שיהיה תשעה ועשרים ויראה ירח בליל שלשים נקרא חדש חסר. ואם לא יראה הירח ויהיה החדש שעבר שלשים יום נקרא חדש מעובר ונקרא חדש מלא. וירח שיראה בליל שלשים הוא הנקרא ירח שנראה בזמנו. ואם נראה בליל אחד ושלשים ולא נראה בליל שלשים הוא נקרא ירח שנראה בליל עבורו:
5
The [establishment of Rosh Chodesh] based on the sighting of the moon is not the province of every individual,8 as is the Sabbath [of the weekly cycle]. [In the latter instance,] everyone counts six days and rests on the seventh day.
[The sanctification of the new month,] by contrast, has been entrusted to the court.9 [The new month does not begin] until it has been sanctified by the court, and it is the day that they establish as Rosh Chodesh that is Rosh Chodesh. [This is implied by the verse,] "This month will be for you...," - i.e., the testimony [concerning the new month] will be entrusted to you.10
ה
אין ראיית הירח מסורה לכל אדם כמו שבת בראשית שכל אחד מונה ששה ושובת בשביעי. אלא לבית דין הדבר מסור עד שיקדשוהו בית דין ויקבעו אותו היום ראש חדש הוא שיהיה ראש חדש. שנאמר החדש הזה לכם עדות זו תהיה מסורה לכם:
6
The [High] Court would make calculations in a manner resembling11the calculations of the astronomers, who know the location of the stars and their paths [in their orbits]. They would perform careful research to determine whether or not they would be able to sight the moon at the appropriate time - i.e., the thirtieth night.
If [the judges] determined that it was possible to sight [the moon], they would sit waiting for witnesses [to come and testify] throughout the entire thirtieth day. If witnesses came, and [the court] examined their testimony according to law, and verified the truth [of their statements], the court would sanctify [the new month]. If [the moon] was not sighted, and witnesses did not come,12 they would complete the thirtieth day, thus making the month full.
If, according to their calculations, [the judges] knew that it was impossible for the moon to be sighted, they would not sit [in session] on the thirtieth day, nor would they await [the arrival] of witnesses. If witnesses came, they would know that they are false witnesses, or that clouds appeared to them in a form resembling the moon, but it was not the real moon.
ו
בית דין מחשבין בחשבונות כדרך שמחשבים האיצטגנינים שיודעין מקומות הכוכבים ומהלכם וחוקרים ומדקדקים עד שידעו אם אפשר שיראה הירח בזמנו שהוא ליל שלשים או אי אפשר. אם ידעו שאפשר שיראה יושבין ומצפין לעדים כל היום כולו שהוא יום שלשים. אם באו עדים ודרשום וחקרום כהלכה ונאמנו דבריהם מקדשין אותו. ואם לא נראה ולא באו עדים משלימין שלשים ויהיה חדש מעובר. ואם ידעו בחשבון שאי אפשר שיראה אין יושבים יום שלשים ואין מצפין לעדים. ואם באו עדים יודעין בודאי שהן עדי שקר או שנראת להם דמות לבנה מן העבים ואינה הלבנה הודאית:
7
It is a positive commandment of the Torah13 for the court to calculate and determine whether or not the moon will be sighted, to examine witnesses until the moon can be sanctified, and to send forth [messengers] to inform the remainder of the people on which day Rosh Chodesh was observed,14 so that they will know the day [on which to celebrate] the festivals [as implied by Leviticus 23:2]: "that you will pronounce as days of holy convocation,"15 and [as implied by Exodus 13:10]: "And you shall observe this statute in its appointed season."16
ז
מצות עשה מן התורה על בית דין שיחשבו וידעו אם יראה הירח או לא יראה. ושידרשו את העדים עד שיקדשו את החדש. וישלחו ויודיעו שאר העם באי זה יום הוא ראש חדש כדי שידעו באי זה יום הן המועדות. שנאמר אשר תקראו אותם מקראי קדש ונאמר ושמרת את החקה הזאת למועדה:
8
The calculations and the establishment of the months and the leap years is carried out only in Eretz Yisrael [as implied by Isaiah 2:3]: "For out of Zion will emerge the law, and the word of God [will emerge] from Jerusalem."17
If a great sage who received semichah18 in Eretz Yisrael left for the diaspora without leaving a colleague of equal stature in Eretz Yisrael, he may make calculations, establish the monthly calendar, and institute leap years in the diaspora.19If, however, it becomes known to him that a sage of his stature has arisen in Eretz Yisrael - and surely, if a sage of greater stature has arisen in Eretz Yisrael - it is forbidden for him to establish [the monthly calendar] and [institute] leap years in the diaspora.20 If he transgresses, and [attempts to structure the calendar in this manner], his actions are of no consequence.21
ח
אין מחשבין וקובעין חדשים ומעברין שנים אלא בארץ ישראל שנאמר כי מציון תצא תורה ודבר ה' מירושלים. ואם היה אדם גדול בחכמה ונסמך בארץ ישראל ויצא לחוצה לארץ ולא הניח בארץ ישראל כמותו הרי זה מחשב וקובע חדשים ומעבר שנים בחוצה לארץ. ואם נודע לו שנעשה בארץ ישראל אדם גדול כמותו ואין צריך לומר גדול ממנו הרי זה אסור לקבוע ולעבר בחוצה לארץ ואם עבר וקבע ועיבר לא עשה כלום
FOOTNOTES
1.The concept of a renewal each month is relevant regarding lunar months, but not with regard to solar months. For the moon is not seen for a day or two each month, while the sun shines continually every day throughout the year.
2.Although the implication to a lunar month in this verse is not as obvious as in the former verse, there is an explicit teaching from our Sages indicating a connection, as the Rambam proceeds to explain.
3.Mechilta D'Rashbi on the above verse; see also Midrash Tanchumah, Shemini, sec. 8; Menachot 29a.
4.Sanhedrin 13b (cited by the Rambam, Chapter 4, Halachah 1) explains that this verse is a charge to arrange the calendar so that the vernal (spring) equinox always falls in the month of Nisan.
5.The Rambam speaks in more precise figures in Chapter 6. At present, he is speaking in general terms to give an outline of the how the Jewish calendar is structured.
6.Megillah 5a.
7.As explained in the notes to Chapter 11, when the sun, the moon, and the earth are aligned in a straight line in that order, the moon reflects the sun's rays directly back to it, and no light can be seen from the earth. This is called the conjunction of the sun and the moon. Afterwards, the moon proceeds in its orbit away from the sun, and within approximately one day's time it will have moved a sufficient distance for it to reflect a small crescent of light to the earth. This crescent will always be sighted first in the western portion of the sky, close to the horizon.
The commentaries note that Rosh HaShanah 20b states that the moon cannot be seen for twenty-four hours every month. Aruch HaShulchan (Hilchot Kiddush HaChodesh, sec. 88) explains that there is no contradiction to the Rambam's statements here. There are twenty-four hours every month in which it is impossible to see the moon. There is in addition, however, approximately one day every month when the probability of seeing the moon is very low.
8.I.e., in contrast to the Sabbath, a person who thinks that he has sighted the moon may not begin counting the days of the new month on his own initiative. Rather, he must go to the Sanhedrin and present his testimony to them, and it is they who decide whether or not to begin the new month. (Note the Rambam's comments in Sefer HaMitzvot , Positive Commandment 153, where he elaborates on this theme.)
9.I.e., the Sanhedrin, the High Court that held sessions in Jerusalem until the Temple's destruction, and afterwards was located in various cities throughout Eretz Yisrael.
10.As explained in Rosh HaShanah 22a, this command was addressed to Moses and Aaron. The words "to you" are seemingly unnecessary. Thus, they are interpreted to mean that just as this command is being given to you, so too, the fulfillment of it in subsequent times will be the responsibility of men like you - i.e., the judges of Israel's High Court. (See Chapter 2, Halachah 8, which mentions an application of this principle. See also Chapter 5, Halachah 1.)
11.Rav Kapach explains that the Rambam chose his wording exactly. The calculations of the High Court merely "resembled the calculations of the astronomers." In truth, however, they operated under a different system. As the Rambam explains in Chapter 17, Halachah 24, the prophets and the descendants of the tribe of Issachar had a method of calculating the movement of the sun, the moon, and the stars, which had been transmitted to Moses on Mount Sinai. Although this method resembled the method of calculations employed by gentile scholars, it was unique and different. (See also the Rambam's Commentary on the Mishnah, Rosh HaShanah 2:8.)
This method of calculation was lost to our people shortly after the composition of the Mishnah. Subsequent texts, including the Rambam's own system of calculation, as explained from Chapter 11 onward, were based on Greek sources.
12.Because the moon was covered with clouds or for other similar reasons. (See Chapter 18, Halachah 1.)
13.See Sefer HaMitzvot (Positive Commandment 153) and Sefer HaChinuch (Mitzvah 4), which consider this to be one of the Torah's 613 mitzvot.
14.The Rambam mentions three activities imperative on the court in fulfillment of this mitzvah: the calculation of the time for the sighting of the moon, the examination of the witnesses, and the notification of the Jewish people.
It is interesting to note that the structure of Hilchot Kiddush HaChodesh represents somewhat of a departure from the Rambam's usual style of presentation in the Mishneh Torah. He generally begins by citing a mitzvah and the proof-text from which it is derived, and afterwards he describes it. In this instance, the Rambam begins by describing the basic ground rules for the sighting of the moon, and afterwards he explains the mitzvah that is associated with this sighting.
Rav Kapach suggests that this approach could have been taken in reaction to the position of Rav Sa'adiah Gaon, who maintains that the fundamental aspect of determining the calendar was not the sighting of the moon, but rather the calculations of the Sages. See the Rambam's Commentary on the Mishnah (Rosh HaShanah 2:6).
15.As stated in the conclusion of Chapter 2, this verse is an indication that the determination of the days on which the festivals are to be celebrated - and thus the establishment of the monthly calendar on which the former depends - was entrusted to the Jewish High Court.
16.This verse refers to the Paschal sacrifice and teaches us that there is an obligation to "observe this statute," bring the Paschal sacrifice, "at its appointed time" - i.e., in the spring. This alludes to the second dimension of this mitzvah, the establishment of leap years so that the holiday of Pesach will always fall in the spring.
Note the Ramban (Hasagot to Sefer HaMitzvot, Shoresh 1), who cites opinions that consider these two dimensions - the establishment of Rosh Chodesh and the decision whether to observe leap years - as two separate mitzvot.
The Rambam's citation of this proof-text has attracted the attention of commentaries because of another difficulty. In Menachot 36b, the meaning of this verse is the subject of a difference of opinion between Rabbi Akiva and Rabbi Yosse HaG'lili. While the simple meaning of the phrase "this statute" is the Paschal sacrifice - and this is the interpretation of Rabbi Akiva - Rabbi Yosse HaG'lili interprets the phrase as referring to the mitzvah of wearing tefillin.
What is significant is that in the Mishneh Torah, the Rambam cites both the interpretations of Rabbi Akiva (in this halachah) and that of Rabbi Yosse HaG'lili (Hilchot Tefillin 4:10) as Torah law. The commentaries (see Radbaz, Vol. V, Responsum 1693) explain that this is indicative of a general pattern within the Mishneh Torah. The Rambam's intent in composing the Mishneh Torah was to provide us with a text of Torah practice, not a source book explaining the derivation of Torah law. He refers to verses only when they are necessary as supports. Therefore, in each instance he cites the proof-text that has the most obvious connection to the law or principle he is referring to, although it is possible that there is another verse from which this law was actually derived.
17.See Sefer HaMitzvot, loc. cit., where the Rambam explains the connection of this mitzvah - and the Jewish people as a whole - to Eretz Yisrael in stirring terms.
18.The ordination conveyed upon the Sages from Sage to Sage, in a chain that began with Moses himself. (See Hilchot Sanhedrin, Chapter 4.)
19.Yevamot 122a relates that Rabbi Akiva journeyed to Neharde'a for this purpose, and from the narrative in Berachot 63a, it would appear that Chanina, Rabbi Yehoshua's nephew, lived in Babylon and ordained the order of the calendar from there for several years.
20.Berachot, ibid., states that the Sages of Eretz Yisrael ordered Chanina to stop ordaining the calendar, because "the kids that you left behind have grown and become billy-goats with horns" - i.e., the Sages who were once on a lower level of understanding had matured and achieved a par with him.
21.The Rambam is speaking about the era when the beginning of the new month was determined through the testimony of witnesses. The use of the fixed calendar we follow at present is discussed in Chapter 5.
Kiddush HaChodesh - Chapter Two
1
The only testimony that is acceptable with regard to [the sighting of] the new [moon] is that of two1 adult males2 who are fit to testify regarding all matters.3 Women and slaves,4 by contrast, are like other unacceptable witnesses and may not testify.
When a father and a son both see the new moon, they should both go the court to testify. Not because testimony regarding the [the sighting of] the new [moon] is acceptable [from witnesses who are] related, but because one of them may be disqualified because he is a thief or for other reasons, and the other will be able to join with another person and give testimony.
A person who is disqualified from serving as a witness by Rabbinical decree,5 although he is acceptable according to the law of the Torah itself, may not serve as a witness with regard to [the sighting of] the new [moon].
א
אין כשר לעדות החדש אלא שני אנשים כשרים הראויין להעיד בכל דבר ודבר. אבל נשים ועבדים הרי הן כשאר פסולי עדות ואין מעידין. אב ובנו שראו את הירח ילכו לבית דין להעיד. לא מפני שעדות החדש כשרה בקרובים אלא שאם ימצא אחד מהן פסול מפני שהוא גזלן וכיצא בו משאר הפסלנות יצטרף השני עם אחר ויעידו. וכל הפסול לעדות מדברי סופרים אע"פ שהוא כשר מן התורה פסול לעדות החדש:
2
According to the law of the Torah, there is no need to be precise regarding testimony about [the sighting of] the new [moon]. For even if the new moon was sanctified on the basis of the testimony of witnesses, and later it was discovered that those witnesses had perjured themselves,6 [the new moon] remains sanctified.7
Accordingly, in the early generations, testimony regarding [the sighting of] the new [moon] was accepted from any Jew [without further enquiry], for any Jew can be presumed to be an acceptable witness unless one knows with certainty that he is unacceptable. When the followers of Baithos8 began conducting themselves in a debased manner and would hire people9 to testify that they had seen the moon when in fact they had not, the court decreed that it would accept testimony regarding [the sighting of] the new [moon] only from witnesses whom the court knew to be acceptable. Moreover, they would examine and question their testimony.
ב
דין תורה שאין מדקדקין בעדות החדש. שאפילו קדשו את החדש על פי עדים ונמצאו זוממין בעדות זו הרי זו מקודש. לפיכך היו בראשונה מקבלין עדות החדש מכל אדם מישראל שכל ישראל בחזקת כשרות עד שיודע לך שזה פסול. משקלקלו הבייתוסים והיו שוכרין אנשים להעיד שראו והם לא ראו התקינו שלא יקבלו בית דין עדות החדש אלא מעדים שמכירין בית דין אותן שהם כשרים ושיהיו דורשין וחוקרים בעדות:
3
Therefore, if the [High] Court did not know [the character of] the witnesses who sighted the moon, the inhabitants of the city where the moon was sighted would send other witnesses10 together with the witnesses who saw the moon to substantiate their character to the court, and inform [the judges] that they are acceptable [witnesses]. [Only] afterwards would the court accept their [testimony].
ג
לפיכך אם לא יהיו בית דין יודעים את העדים שראו את הירח משלחין אנשי העיר שנראה בה עם העדים שראו עדים אחרים שמזכין אותן לבית דין ומודיעין אותן שאלו כשרים הם ואחר כך מקבלין מהם:
4
The court would make calculations in a manner resembling the calculations of the astronomers, and would know whether the position of the moon - when it would be sighted - would be to the north of the sun, or to its south,11 if its [crescent] would be wide or narrow,12 and the direction in which its corners would be pointed.13
When the witnesses came to testify, they would ask them: "Where did you see [the moon]: to the north or to the south [of the sun]?", "In which direction were its corners pointed?", "How high and how wide did it appear to you?" If their replies were suitable, their testimony was accepted. If their replies were not suitable, their testimony was not accepted.
ד
בית דין מחשבין בדרכים שהאיצטגנינין מחשבין בהם ויודעין הלבנה כשתראה בחדש זה אם תהיה בצפון השמש או בדרומה ואם תהיה רחבה או קצרה ולהיכן יהיו ראשי קרניה נוטין. וכשיבאו העדים להעיד בודקין אותם כיצד ראיתם אותה בצפון או בדרום. להיכן היו קרניה נוטות. כמה היתה גבוהה בראיית עיניכם וכמה היתה רחבה. אם נמצאו דבריהם מכוונין למה שנודע בחשבון מקבלין אותם ואם לא נמצאו דבריהם מכוונין אין מקבלין אותם:
5
If the witnesses say, "We saw [the reflection of the moon] in water," or "...[its form] behind the clouds," or "...[its reflection] in a mirror," [what they] saw is of no [consequence], and this sighting cannot be used as the basis for sanctifying [the new moon].14 [The same law applies if the witnesses say,] "We saw a portion [of the moon] in the heavens, and a portion of [its form] behind the clouds," "...a portion [reflected] in water," or "...a portion [reflected] in a mirror."
If one [potential witness says,] "I saw it and it appeared to me approximately two storeys high," and another [potential witness] says, "It was three storeys high," their testimonies may be combined15 [and the moon sanctified on this basis]. If, however, one says "It was approximately three storeys high," and the other says, "It was approximately five storeys high," their testimonies may not be joined together.16 Either one of them, however, may join together with another witness who gives identical testimony, or [who gives testimony] involving a discrepancy of merely one storey.
ה
אמרו העדים ראינוהו במים או בעבים או בעששית. או שראו מקצתו ברקיע ומקצתו בעבים או במים או בעששית אין זו ראייה ואין מקדשין על ראייה זאת. אמר אחד ראיתיו גבוה בעיני כמו שתי קומות ואמר השני כמו שלש קומות היה גבוה מצטרפין. אמר האחד כמו שלש קומות והשני אמר כמו חמש אין מצטרפין. ומצטרף אחד מהם עם שני שיעיד כמותו או יהיה ביניהן קומה אחת:
6
If witnesses say, "We saw [the moon] without concentrating our attention, and, afterwards, when we concentrated our attention with the intent of sighting it so that we could testify, we did not see it," this is not considered [valid] testimony, and it cannot serve as the basis for sanctifying [the new moon]. Perhaps clouds came together, and appeared like the moon, and afterwards became dispersed.17
If witnesses say, "We saw [the moon] on the twenty-ninth [day] in the morning in the east before sunrise, and [afterwards,] in the evening, we saw it in the west on the thirtieth night," their testimony is believed, and the moon can be sanctified on this basis. [The rationale is] that they saw [the moon] at its appropriate time. [Their testimony] about [what they thought] they saw in the morning is disregarded. We need not pay any attention to what they saw in the morning, for it is obvious that it was the conjunction of clouds that appeared to them as the moon.18
Similarly, if [witnesses claim] to have seen the moon at its appropriate time, but it was not seen on the thirty-first night, their [testimony] is believed. For what is significant for us is only the sighting [of the moon] on the thirtieth night.19
ו
אמרו ראינוהו בלא כוונה וכיון שהתבוננו בו ונתכוננו לראותו להעיד שוב לא ראינוהו אין זו עדות ואין מקדשין עליה. שמא עבים נתקשרו ונראו כלבנה וכלו והלכו להם. אמרו עדים ראינוהו ביום תשעה ועשרים שחרית במזרח קודם שתעלה השמש וראינוהו ערבית במערב בליל שלשים הרי אלו נאמנים ומקדשין על ראייה זו שהרי ראוהו בזמנו. אבל הראייה שאמרו שראוהו בשחרית אין נזקקין לה שאין אנו אחראין לראיית שחרית ובידוע שהעבים הם שנתקשרו ונראה להם כלבנה. וכן אם ראוהו בזמנו ובליל עיבורו לא נראה הרי אלו נאמנין שאין אנו אחראין אלא לראיית ליל שלשים בלבד:
7
What is the process through which the testimony regarding the sighting of the moon is accepted? Anyone who saw the moon and is fit to testify20 should come to the court. The [judges] should bring them all to a single place,21 and should make a large feast for them, so that people will come regularly. The pair [of witnesses] who arrive first are examined first according to the questions mentioned previously.22 The one of greater stature is invited [into a private chamber] first and asked these questions. If his testimony is accurate according to [the data that the court arrives at through] calculations, they invite his colleague in. If their statements are comparable,23 their testimony is substantiated.
[Afterwards,] the remaining pairs are asked questions of a broader nature. [In truth,] their testimony is not required at all, [and they are being asked] only so they will not depart disheartened, so that they will come frequently [in the future].24
ז
כיצד מקבלין עדות החדש. כל מי שראוי להעיד שראה את הירח בא לבית דין. ובית דין מכניסים אותן כולן למקום אחד ועושין להן סעודות גדולות כדי שיהיו העם רגילין לבא. וזוג שבא ראשון בודקין אותן ראשון בבדיקות שאמרנו. מכניסין את הגדול ושואלין אותו נמצאו דבריו מכוונים לחשבון מכניסים את חברו. נמצאו דבריהם מכוונין עדותן קיימת. ושאר כל הזוגות שואלין אותם ראשי דברים לא שצריכים להם אלא כדי שלא יצאו בפחי נפש כדי שיהיו רגילין לבא:
8
Afterwards - i.e., after [the witnesses'] testimony is substantiated - the head of the court declares, "It has been sanctified." And all the people respond, "It has been sanctified. It has been sanctified."
A minimum of three judges is required to sanctify the new moon.25 Similarly, the calculations [regarding the moon's position] must be made by three judges. The new moon is sanctified only when it is sighted at its appropriate time.26 Moreover, the moon is sanctified only during the day.27 If it was sanctified at night, the sanctification is of no consequence.
Furthermore, even if the court and the entire Jewish people saw the moon, but the court did not declare that "It has been sanctified"28 before the nightfall beginning the thirty-first day, or if the witnesses were cross-examined, but afterwards the court was not able to declare that "It has been sanctified" before the nightfall beginning the thirty-first day,29 it should not be sanctified,30 and the month should be full. Despite the fact that the moon was sighted on the thirtieth night, it is the thirty- first day that will be Rosh Chodesh. For [the sanctification of the new month] is not established by the sighting of the moon, but by the court that declares, "It has been sanctified."31
ח
ואחר כך אחר שתתקיים העדות ראש בית דין אומר מקודש וכל העם עונים אחריו מקודש מקודש ואין מקדשין את החדש אלא בשלשה. ואין מחשבין אלא בשלשה. ואין מקדשין אלא חדש שנראה בזמנו. ואין מקדשין אלא ביום ואם קדשוהו בלילה אינו מקודש. ואפילו ראוהו בית דין וכל ישראל ולא אמרו בית דין מקודש עד שחשכה ליל אחד ושלשים. או שנחקרו העדים ולא הספיקו בית דין לומר מקודש עד שחשכה ליל אחד ושלשים. אין מקדשין אותו ויהיה החדש מעובר ולא יהיה ראש חדש אלא יום אחד ושלשים אע"פ שנראית בליל שלשים. שאין הראייה קובעת אלא בית דין שאמרו מקודש הם שקובעין:
9
If the court themselves see [the new moon] at the conclusion of the twenty-ninth day, before a star has emerged on the thirtieth night, the court may declare, "It has been sanctified; it has been sanctified,"32 for it is still day.33
If [the judges] sight the moon on the night of the thirtieth day after two stars have appeared,34 [they should adhere to the following procedure]. On the morrow, two other judges join one of the three [to form a court]. The other two [judges] then testify before [this court] of three, who then [sanctify the new month].
ט
ראוהו בית דין עצמן בסוף יום תשעה ועשרים. אם עדיין לא יצא כוכב ליל שלשים. בית דין אומרים מקודש שעדיין יום הוא. ואם ראוהו בליל שלשים אחר שיצאו שני כוכבים. למחר מושיבין שני דיינין אצל אחד מהם ויעידו השנים בפני השלשה ויקדשוהו השלשה:
10
Once the court sanctifies the new month, it remains sanctified regardless of whether they erred unwittingly, they were led astray [by false witnesses], or they were forced [to sanctify it].35 We are required to calculate [the dates of] the festivals based on the day that they sanctified [as the beginning of the new month].
Even if [a person] knows that [the court] erred, he is obligated to rely on them,36 for the matter is entrusted to them alone. The One who commanded us to observe the festivals is the One who commanded [us] to rely on them, as [implied by Leviticus 23:2]: "Which you will pronounce as days of holy convocation."37
י
בית דין שקדשו את החדש בין שוגגין בין מוטעין בין אנוסים הרי זה מקודש וחייבין הכל לתקן המועדות על היום שקדשו בו. אע"פ שזה יודע שטעו חייב לסמוך עליהם שאין הדבר מסור אלא להם ומי שצוה לשמור המועדות הוא צוה לסמוך עליהם שנאמר אשר תקראו אתם וגו'
FOOTNOTES
1.For all evidence must be substantiated by the testimony of two witnesses, as implied by Deuteronomy 19:15 which states, "The testimony of a single witness will not stand." See Hilchot Edut, ch. 5.
2.Both these concepts are implied by the Hebrew word anashim.
3.See Hilchot Edut, Chapters 9-10, 12-14.
4.Who are not acceptable for testimony in court (Hilchot Edut 9:2,4). The slaves referred to here are "Canaanite slaves," gentiles purchased as slaves. A Jewish servant, eved ivri, may give testimony in court on this and other matters.
5.E.g., gamblers, usurers, and other individuals described in Hilchot Edut, Chapter 11.
6.More particularly, the term used by the Rambam, zomemim refers to witnesses who claimed that they saw the moon while they were located in a specific place at a specific time, and later it was proven that they had been in another place at that time. (See Hilchot Edut, Chapter 18.)
7.See Halachah 10.
8.Avot D'Rabbi Natan 5:2 relates that Antigonus of Socho had two talented students, Tzadok and Baithos. When Antigonus taught: "Do not be like students serving a master in order to receive a reward," they turned away in disgust, commenting, "Is it proper for a worker to toil the entire day without receiving any recompense?"
They began splinter groups that rejected the core of Jewish practice and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Godly was the written law. The oral law, they maintained, was merely a human invention.
This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would refer to all those who deny the Torah and its tradition as Sadducees (from Tzadok) or Baithosees (from Baithos) [the Rambam's Commentary on the Mishnah, Avot 1:3]. Not only did these individuals scorn Torah observance themselves, but they tried, as indicated by this halachah, to undermine the observance of the Jewish nation as a whole.
Our translation follows the standard printed text of the Mishneh Torah. Many original printings and manuscripts state minnim, "non-believers," rather than "the followers of Baithos." Similarly, the Rambam's source, Rosh HaShanah 2:1, uses this term. Some consider this as a reference to the early Christians.
9.Rosh HaShanah 22b relates that the Sadducees paid witnesses 400 zuzim to testify falsely with regard to the sighting of the moon.
10.The Rambam uses a plural term, implying that two character witnesses are required. This prerequisite is apparent from Rosh HaShanah 22b. The Jerusalem Talmud (Rosh HaShanah 2:1), by contrast, requires only one character witness.
11.As the Rambam states in his Commentary on the Mishnah, Rosh HaShanah 2:7, this refers to the latitude of the moon. This subject is explained in Chapter 16.
12.As the Rambam explains in his Commentary on the Mishnah (loc. cit.), the size of the moon's crescent grows as it moves further away from the sun.
13.See Chapter 19 for an explanation of how the court can determine these matters.
14.To sanctify the moon, it is necessary to see the moon itself - and not its reflection - and to see it clearly, not as it is hidden by clouds.
15.Although there is a discrepancy between them, the two testimonies are not considered to contradict each other, since it is possible for a person to err slightly in making such an estimation.
16.For this discrepancy is too great for the two to be considered a single statement.
17.Rosh HaShanah 24a and 25a mentions instances where the conjunction of the clouds appeared to resemble the moon.
18.The Rambam's statements are based on his interpretation of the difference of opinion between Rabban Gamliel and Rabbi Yochanan ben Nuri mentioned in Rosh HaShanah 2:9. (See the Rambam's Commentary on the Mishnah for a detailed analysis of this matter.)
Rabbi Yochanan ben Nuri maintains that the witnesses' testimony should be disregarded, because it cannot possibly be true. Everyone knows that, at the beginning of the month, the moon always appears on the western horizon for a brief period after the setting of the sun. At this time of the month, seeing it in the morning, before sunrise, is impossible. (See Chapters 15 and 17 for an explanation of this phenomenon.) Since the testimony of these witnesses contains an obvious error, the testimony should be disregarded entirely.
Rabban Gamliel, as his opinion is explained by the Rambam, was aware of this astronomical concept as well. Nevertheless, in the instance mentioned in the Mishnah, he knew that according to the calculations, it would have been possible for the moon to have been sighted on the night mentioned by the witnesses. Why then, he argued, should their testimony be discounted entirely because of the error they made regarding the morning. The fact that then, they mistook the condensation of clouds for the moon should not cause their testimony to be disregarded entirely.
19.This represents a parallel difference of opinion mentioned in Rosh HaShanah (op. cit.). Rabbi Dosa ben Hyrkanos maintains that it is impossible for the moon to be sighted on one night, and then for it not to be sighted on the following night.
Rabban Gamliel (as his position is explained by the Rambam in his Commentary on the Mishnah) accepted the witnesses' testimony in this instance, because he knew that, according to the calculations, it was possible for the moon to be sighted on the thirtieth night. The fact that it was not sighted again on the thirty-first night was merely a matter of circumstance: no one was trying to see it, their view was obstructed by clouds, or the like.
20.I.e., there is no benefit to be derived from a witness whose testimony will not be accepted by the court because of his conduct - e.g., a transgressor, a gambler, or a usurer.
21.Rosh HaShanah 23b states that there was a large courtyard in Jerusalem called "the house of Ya'azak" where the witnesses would gather.
22.In Halachah 4.
23.See Halachah 5.
24.The Rambam (based on Rosh HaShanah 2:7) is communicating an important lesson in human dynamics. Since the court might need these witnesses in the future, it is important that they feel that consideration is shown to them, and that their coming was not futile.
25.Rosh HaShanah 25b derives this concept as follows: The commandment "This month shall be for you..." was addressed to both Moses and Aaron, implying that at least two judges are necessary. A court must be composed of an odd number of judges, and hence a third judge is required.
26.I.e., as the Rambam continues to explain, for the new month to be sanctified, the moon must be sighted on the thirtieth night, the witnesses must testify on the thirtieth day, and the court must declare the month to be sanctified - all before sunset of that day.
27.Based on Psalms 81:4-5, Rosh HaShanah 25b draws an equation between the sighting of the new moon and the delivery of a judgment. Just as a judgment may be delivered only during the day, so too, the mitzvah of the sanctifying the new moon applies only by day.
28.In his Commentary on the Mishnah, Rosh HaShanah 3:1, the Rambam explains that one might think that since the court and the entire Jewish people saw the moon, there was no need to sanctify the new month. Therefore, as he concludes in this halachah, it is necessary to emphasize that it is the sanctification of the court that establishes the new month, and not the sighting of the moon alone.
29.Rosh HaShanah (loc. cit.) explains that although a decision regarding a monetary case may be rendered at night if the testimony was received by the court during the day, this concept does not apply regarding the sanctification of the new month. The court must actually sanctify the new month during the day.
30.Based on Chapter 3, Halachot 15-18, it would appear that the Rambam's intent is that, since the new month was not sanctified at its appropriate time, the court endeavors to have the witnesses' testimony disqualified. If, however, the witnesses' testimony is substantiated despite the court's efforts, the month can be sanctified retroactively.
31.As mentioned in Chapter 1, Halachah 5, the mitzvah of sanctifying the new month has been entrusted to the court.
32.Rosh HaShanah 25b explains that this teaches us that hearing the testimony of the witnesses is not more effective than the actual sighting of the moon itself.
33.In his Commentary on the Mishnah (Rosh HaShanah 3:1), the Rambam writes that although the sun has set, the night does not begin until the appearance of the stars, and it is still possible to sanctify the new moon.
(The Rambam's wording in this halachah and in the related portions of his Commentary on the Mishnah have raised questions concerning his conception of the limits of the day, the night, and the intermediate period referred to as beyn hash'mashot. See the Radbaz (Vol. V, Responsum 1379), the Ralbach, the Or Sameach and others, who address themselves to this issue.)
It is also significant to mention that Rashi (Rosh HaShanah, loc. cit.) and others differ with the Rambam's interpretation of the Mishnah, and consider it as referring to the citing of the moon at the conclusion of the thirtieth day, on the eve of the thirty- first.
34.From this time onward, they can no longer sanctify the new month on the basis of their sighting alone. Instead, the procedure outlined by the Rambam must be followed.
35.Significantly, instead of mentioning the court as being forced to sanctify the month on the wrong day, Rosh HaShanah 25a states "even if they purposefully sanctified the moon on the wrong day" - i.e., they accepted the testimony of witnesses even when they knew that it was flimsy. The Rambam chooses not to mention such an instance, and instead quotes the Mechilta D'Rashbi and the Sifra.
36.Rosh HaShanah 2:10 relates that once Rabbi Yehoshua differed with Rabban Gamliel concerning the acceptance of the testimony of witnesses with regard to Rosh HaShanah. Since Rabban Gamliel was the head of the High Court, his opinion was accepted. To emphasize the importance of following the necessity for uniform adherence to the decisions of the court, Rabban Gamliel ordered Rabbi Yehoshua to appear before him carrying his staff and his wallet on the day that Rabbi Yehoshua thought should be considered as Yom Kippur.
After consulting with his colleagues, Rabbi Yehoshua obeyed Rabban Gamliel's instructions. Afterwards, Rabban Gamliel honored Rabbi Yehoshua for his humility and deference to the court's authority.
37.אתם, meaning "which" in the above verse, can also mean "you," when vocalized differently. Thus, the authority of "you," the Jewish court to whom this matter is entrusted, is emphasized more powerfully (Rosh HaShanah, loc. cit.).
Hayom Yom:
• English Text | Video Class
Shabbat, Kislev 7, 5778 · 25 November 2017
"Today's Day"
Shabbat, Kislev 7, 5704
Haftora: Ve'amee - talmei sadai. Then Vayivrach Yaakov - ub'isha shamar. Uvenavi he'ela - uvenavi nishmar.
Torah lessons: Chumash: Vayeitsei, Shevi'i with Rashi.
Tehillim: 39-43.
Tanya: Besides all this, (p. 609)...of their laws. (p. 611).
There are three schools of thought:
1. The discipline of nullification of the material by indicating the repulsive and abhorrent nature of all that is bodily and material. This is the school of Mussar.
2. The school of recognition of the superiority of the "inner form"1 and the spiritual - the dimension of character-traits and intellectuality2 - and instruction as to how one may come closer to attaining these. This is the school of Chakira, philosophy.
3. The discipline of predominance of form over matter. This school teaches the unique quality of the material when it is purified, and the unique quality of "form" when integrated with the material; the two are to be so thoroughly fused that one cannot detect where either of them begins or ends - for "Their beginning is wedged into their end, and their end into their beginning."3 The One G-d created them both, and for one purpose - to reveal the light of Holiness of His hidden power. Only both of them together will complete the perfection desired by the Creator. This is the school of (the teachings/instruction of) Chassidus.4
FOOTNOTES
1.Heb. tzura, "form," as opposed to chomer, "matter"; e.g. the body's life-force - the soul - is its "form," its inner spiritual dimension; the body itself is the outer physical dimension, the "matter."
2.As opposed to the dimension of bodily matters.
3.See 16 Adar I Footnote.
4.See also On The Teachings of Chassidus (Kehot, NY) ch. 11-18 where these three schools of thought are discussed at length.
Daily Thought:
Open for MeAs much as the human soul yearns to rise up and merge within the light of its Creator, so much more so does the Infinite Creator yearn to be found within the human soul.
If so, what force could stand between them? What could hold back the Creator’s infinite light?
Only His desire that this union occur with our consent, that we be the ones to crack open the door.
Even when the soul’s yearning has faded, forsaking its Beloved, wrestling itself from His love and even openly rebelling…even then, He cries out to us and knocks on our door.
“Open for me just an infinitesimal pinhole,” G‑d pleads, “and I will open for you a vast, infinite portal to all My love, from My very core of being.” (Maamar Balayla Hahu 5720, s’if 3.)
-------
No comments:
Post a Comment