| |||||
- 
- ב"ה - Today in Judaism - Today is Shabbat, 5 Tevet, 5778 · December 23, 2017Torah Reading:
Vayigash: Genesis 44:18 - 47:27
Ezekiel 37:15-28
Vayigash: Genesis 44:18 Then Y’hudah approached Yosef and said, “Please, my lord! Let your servant say something to you privately; and don’t be angry with your servant, for you are like Pharaoh himself. 19 My lord asked his servants, ‘Do you have a father? or a brother?’ 20 We answered my lord, ‘We have a father who is an old man, and a child of his old age, a little one whose brother is dead; so that of his mother’s children he alone is left; and his father loves him.’ 21 But you said to your servants, ‘Bring him down to me, so that I can see him.’ 22 We answered my lord, ‘The boy can’t leave his father; if he were to leave his father, his father would die.’ 23 You said to your servants, ‘You will not see my face again unless your brother is with you.’ 24 We went up to your servant my father and told him what my lord had said; 25 but when our father said, ‘Go again, and buy us some food,’ 26 we answered, ‘We can’t go down. Only if our youngest brother is with us will we go down, because we can’t see the man’s face unless our youngest brother is with us.’ 27 Then your servant my father said to us, ‘You know that my wife bore me two sons: 28 the one went out from me, and I said, “Surely he has been torn to pieces,” and I haven’t seen him since. 29 Now if you take this one away from me too, and something happens to him, you will bring my gray hair down to Sh’ol with grief.’ 30 So now if I go to your servant my father, and the boy isn’t with us — seeing how his heart is bound up with the boy’s heart — (ii) 31 when he sees that the boy isn’t with us, he will die; and your servants will bring the gray hair of your servant our father down to Sh’ol with grief. 32 For your servant himself guaranteed his safety; I said, ‘If I fail to bring him to you, then I will bear the blame before my father forever.’ 33 Therefore, I beg you, let your servant stay as a slave to my lord instead of the boy, and let the boy go up with his brothers. 34 For how can I go up to my father if the boy isn’t with me? I couldn’t bear to see my father so overwhelmed by anguish.”
45:1 At last Yosef could no longer control his feelings in front of his attendants and cried, “Get everybody away from me!” So no one else was with him when Yosef revealed to his brothers who he was. 2 He wept aloud, and the Egyptians heard, and Pharaoh’s household heard. 3 Yosef said to his brothers, “I am Yosef! Is it true that my father is still alive?” His brothers couldn’t answer him, they were so dumbfounded at seeing him. 4 Yosef said to his brothers, “Please! Come closer.” And they came closer. He said, “I am Yosef, your brother, whom you sold into Egypt. 5 But don’t be sad that you sold me into slavery here or angry at yourselves, because it was God who sent me ahead of you to preserve life. 6 The famine has been over the land for the last two years, and for yet another five years there will be neither plowing nor harvest. 7 God sent me ahead of you to ensure that you will have descendants on earth and to save your lives in a great deliverance. (iii) 8 So it was not you who sent me here, but God; and he has made me a father to Pharaoh, lord of all his household and ruler over the whole land of Egypt. 9 Hurry, go up to my father, and tell him, ‘Here is what your son Yosef says: “God has made me lord of all Egypt! Come down to me, don’t delay! 10 You will live in the land of Goshen and be near me — you, your children, your grandchildren, flocks, herds, everything you own. 11 I will provide for you there, so that you won’t become poverty-stricken, you, your household and all that you have; because five years of famine are yet to come.”’ 12 Here! Your own eyes see, and the eyes of my brother Binyamin, that it is my own mouth speaking to you. 13 Tell my father how honored I am in Egypt and everything you have seen, and quickly bring my father down here!” 14 Then he embraced his brother Binyamin and wept, and Binyamin wept on his neck, 15 and he kissed all his brothers and wept on them. After that, his brothers talked with him.
16 The report of this reached Pharaoh’s house: “Yosef’s brothers have come”; and Pharaoh and his servants were pleased. 17 Pharaoh said to Yosef, “Tell your brothers, ‘Here is what you are to do. Load up your animals, go to the land of Kena‘an, 18 take your father and your families, and come back to me. I will give you good property in Egypt, and you will eat the fat of the land.
(iv) 19 “‘Moreover — and this is an order — do this: take wagons from the land of Egypt to carry your little ones and your wives, and bring your father, and come. 20 Don’t worry about your stuff, because everything good in the land of Egypt is yours.’”
21 The sons of Isra’el acted accordingly; and Yosef gave them wagons, as Pharaoh had ordered, and gave them provisions for their journey. 22 To each of them he gave a set of new clothes; but to Binyamin he gave seven-and-a-half pounds of silver and five sets of new clothes. 23 Likewise, to his father he sent ten donkeys loaded with the finest goods Egypt produced, as well as ten female donkeys loaded with grain, bread and food for his father to eat on the return journey. 24 Thus he sent his brothers on their way, and they left; he said to them, “Don’t quarrel among yourselves while you’re traveling!”
25 So they went up out of Egypt, entered the land of Kena‘an and came to Ya‘akov their father. 26 They told him, “Yosef is still alive! He is ruler over the whole land of Egypt!” He was stunned at the news; he couldn’t believe them. 27 So they reported to him everything Yosef had said to them; but it was only when he saw the wagons which Yosef had sent to carry him that the spirit of Ya‘akov their father began to revive. (v) 28 Isra’el said, “Enough! My son Yosef is still alive! I must go and see him before I die.”
46:1 Isra’el took everything he owned with him on his journey. He arrived at Be’er-Sheva and offered sacrifices to the God of his father Yitz’chak. 2 In a vision at night God called to Isra’el, “Ya‘akov! Ya‘akov!” He answered, “Here I am.” 3 He said, “I am God, the God of your father. Don’t be afraid to go down to Egypt. It is there that I will make you into a great nation. 4 Not only will I go down with you to Egypt; but I will also bring you back here again, after Yosef has closed your eyes.”
5 So Ya‘akov left Be’er-Sheva; the sons of Isra’el brought Ya‘akov their father, their little ones and their wives in the wagons Pharaoh had sent to carry them. 6 They took their cattle and their possessions which they had acquired in the land of Kena‘an and arrived in Egypt, Ya‘akov and all his descendants with him — 7 his sons, grandsons, daughters, granddaughters and all his descendants he brought with him into Egypt.
8 These are the names of Isra’el’s children who came into Egypt, Ya‘akov and his sons: Re’uven Ya‘akov’s firstborn; 9 and the sons of Re’uven — Hanokh, Pallu, Hetzron and Karmi.
10 The sons of Shim‘on: Y’mu’el, Yamin, Ohad, Yakhin, Tzochar and Sha’ul the son of a Kena‘ani woman.
11 The sons of Levi: Gershon, K’hat and M’rari.
12 The sons of Y’hudah: ‘Er, Onan, Shelah, Peretz and Zerach; but ‘Er and Onan died in the land of Kena‘an. The sons of Peretz were Hetzron and Hamul.
13 The sons of Yissakhar: Tola, Puvah, Yov and Shimron.
14 The sons of Z’vulun: Sered, Elon and Yachle’el.
15 These were the children of Le’ah whom she bore to Ya‘akov in Paddan-Aram, with his daughter Dinah. In sum, his sons and daughters numbered thirty-three.
16 The sons of Gad: Tzifyon, Haggi, Shuni, Etzbon, ‘Eri, Arodi and Ar’eli.
17 The children of Asher: Yimnah, Yishvah, Yishvi, B’ri‘ah, and their sister Serach. The sons of B’ri‘ah were Hever and Malki’el.
18 These were the children of Zilpah, whom Lavan gave to Le’ah his daughter; she bore them to Ya‘akov — sixteen people.
19 The sons of Rachel Ya‘akov’s wife: Yosef and Binyamin.
20 To Yosef in the land of Egypt were born M’nasheh and Efrayim, whom Osnat the daughter of Poti-Fera priest of On bore to him.
21 The sons of Binyamin: Bela, Bekher, Ashbel, Gera, Na‘aman, Echi, Rosh, Mupim, Hupim and Ard.
22 These were the children of Rachel who were born to Ya‘akov — in sum, fourteen people.
23 The sons of Dan: Hushim.
24 The sons of Naftali: Yachtze’el, Guni, Yetzer and Shillem.
25 These were the sons of Bilhah, whom Lavan gave to Rachel his daughter; she bore them to Ya‘akov — in sum, seven people.
26 All the people belonging to Ya‘akov coming into Egypt, his direct descendants (not counting Ya‘akov’s sons’ wives), totaled sixty-six. 27 The sons of Yosef, born to him in Egypt, were two in number. Thus all the people in Ya‘akov’s family who entered Egypt numbered seventy.
(vi) 28 Ya‘akov sent Y’hudah ahead of him to Yosef, so that the latter might guide him on the road to Goshen; thus they arrived in the land of Goshen. 29 Yosef prepared his chariot and went up to Goshen to meet Isra’el his father. He presented himself to him, embraced him and wept on his neck for a long time. 30 Then Isra’el said to Yosef, “Now I can die, because I have seen your face and seen that you are still alive.”
31 Yosef said to his brothers and his father’s family, “I’m going up to tell Pharaoh. I’ll say to him, ‘My brothers and my father’s family, who were in the land of Kena‘an, have come to me. 32 The men are shepherds and keepers of livestock; they have brought their flocks, their herds and all their possessions.’ 33 Now when Pharaoh summons you and asks, ‘What is your occupation?’ 34 tell him, ‘Your servants have been keepers of livestock from our youth until now, both we and our ancestors.’ This will ensure that you will live in the land of Goshen — for any shepherd is abhorrent to the Egyptians.”
47:1 Then Yosef went in and told Pharaoh, “My father and brothers have come from the land of Kena‘an with their flocks, livestock and all their possessions; right now they are in the land of Goshen.” 2 He took five of his brothers and presented them to Pharaoh. 3 Pharaoh said to his brothers, “What is your occupation?” They answered Pharaoh, “Your servants are shepherds, both we and our ancestors,” 4 and added, “We have come to live in the land, because in the land of Kena‘an there is no place to pasture your servant’s flocks, the famine is so severe there. Therefore, please, let your servants live in the land of Goshen.” 5 Pharaoh said to Yosef, “Your father and brothers have come to you, 6 and the land of Egypt lies before you. Have your father and brothers live on the best property in the country — let them live in the land of Goshen. Moreover, if you know that some of them are particularly competent, put them in charge of my livestock.”
7 Yosef then brought in Ya‘akov his father and presented him to Pharaoh, and Ya‘akov blessed Pharaoh. 8 Pharaoh asked Ya‘akov, “How old are you?” 9 and Ya‘akov replied, “The time of my stay on earth has been 130 years; they have been few and difficult, fewer than the years my ancestors lived.” 10 Then Ya‘akov blessed Pharaoh and left his presence.
(vii) 11 Yosef found a place for his father and brothers and gave them property in the land of Egypt, in the best region of the country, in the land of Ra‘amses, as Pharaoh had ordered. 12 Yosef provided food for his father, his brothers and all his father’s household, taking full care of even the youngest.
13 There was no food anywhere, for the famine was very severe, so that both Egypt and Kena‘an grew weak from hunger. 14 Yosef collected all the money there was in Egypt and Kena‘an in exchange for the grain they bought, and put the money in Pharaoh’s treasury. 15 When all the money in Egypt had been spent, and likewise in Kena‘an, all the Egyptians approached Yosef and said, “Give us something to eat, even though we have no money; why should we die before your eyes?” 16 Yosef replied, “Give me your livestock. If you don’t have money, I will give you food in exchange for your livestock.” 17 So they brought Yosef their livestock; and Yosef gave them food in exchange for the horses, flocks, cattle and donkeys — all that year he provided them with food in exchange for all their livestock.
18 When that year was over, they approached Yosef again and said to him, “We won’t hide from my lord that all our money is spent, and the herds of livestock belong to my lord. We have nothing left, as my lord can see, but our bodies and our land. 19 Why should we die before your eyes, both we and our land? Buy us and our land for food, and we and our land will be enslaved to Pharaoh. But also give us seed to plant, so that we can stay alive and not die, and so that the land won’t become barren.” 20 So Yosef acquired all the land in Egypt for Pharaoh, as one by one the Egyptians sold their fields, because the famine weighed on them so severely. Thus the land became the property of Pharaoh. 21 As for the people, he reduced them to serfdom city by city, from one end of Egypt’s territory to the other. 22 Only the priests’ land did he not acquire, because the priests were entitled to provisions from Pharaoh, and they ate from what Pharaoh provided them; therefore they did not sell their land.
23 Then Yosef said to the people, “As of today I have acquired you and your land for Pharaoh. Here is seed for you to sow the land. 24 When harvest time comes, you are to give twenty percent to Pharaoh; eighty percent will be yours to keep for seed to plant in the fields, as well as for your food and for that of your households and your little ones.”
(Maftir) 25 They replied, “You have saved our lives! So if it pleases my lord, we will be Pharaoh’s slaves.” 26 Yosef made it a law for the country of Egypt, valid to this day, that Pharaoh should have twenty percent. Only the property belonging to the priests did not become Pharaoh’s.
27 Isra’el lived in the land of Egypt seventeen years. They acquired possessions in it and were productive, and their numbers multiplied greatly.
Ezekiel 37:15 The word of Adonai came to me: 16 “You, human being, take one stick and write on it, ‘For Y’hudah and those joined with him [among] the people of Isra’el.’ Next, take another stick and write on it, ‘For Yosef, the stick of Efrayim, and all the house of Isra’el who are joined with him.’ 17 Finally, bring them together into a single stick, so that they become one in your hand. 18 When your people ask you what all this means, 19 tell them that Adonai Elohim says this: ‘I will take the stick of Yosef, which is in the hand of Efrayim, together with the tribes of Isra’el who are joined with him, and put them together with the stick of Y’hudah and make them a single stick, so that they become one in my hand.’ 20 The sticks on which you write are to be in your hand as they watch. 21 Then say to them that Adonai Elohim says: ‘I will take the people of Isra’el from among the nations where they have gone and gather them from every side and bring them back to their own land. 22 I will make them one nation in the land, on the mountains of Isra’el; and one king will be king for all of them. They will no longer be two nations, and they will never again be divided into two kingdoms.
23 “‘They will never again defile themselves with their idols, their detestable things, or any of their transgressions; but I will save them from all the places where they have been living and sinning; and I will cleanse them, so that they will be my people, and I will be their God. 24 My servant David will be king over them, and all of them will have one shepherd; they will live by my rulings and keep and observe my regulations. 25 They will live in the land I gave to Ya‘akov my servant, where your ancestors lived; they will live there — they, their children, and their grandchildren, forever; and David my servant will be their leader forever. 26 I will make a covenant of peace with them, an everlasting covenant. I will give to them, increase their numbers, and set my sanctuary among them forever. 27 My home will be with them; I will be their God, and they will be my people. 28 The nations will know that I am Adonai, who sets Isra’el apart as holy, when my sanctuary is with them forever.’”
---
Today in Jewish History:
• Sefarim victory (1987)
Tevet 5 is celebrated as a day of rejoicing in the Chabad-Lubavitch community. On this date in 1987, U.S. Federal Court issued a decision in favor of Agudas Chassidei Chabad ("Union of Chabad Chassidim") regarding the ownership of the priceless library of the 6th Rebbe of Chabad-Lubavitch, Rabbi Yosef Yitzchak Schneersohn. The ruling was based on the idea that a Rebbe is not a private individual but a communal figure synonymous with the body of Chassidim. The Lubavitcher Rebbe (Rabbi Yosef Yitzchak's son-in-law and successor) urged that the occasion be marked with time devoted to study from Torah books ("sefarim") as well as the acquisition of new Torah books.
Links:
Books with Souls
The Rebbe's Library
Chabad.org online library
Daily Torah Study:
Chumash: Vayigash, 7th Portion Genesis 47:11-47:27 with Rashi
• English / Hebrew Linear Translation
• Video Class
• Daily Wisdom (short insight)
Genesis Chapter 47
11Joseph settled his father and his brothers, and he gave them property in the land of Egypt, in the best of the land, in the land of Rameses, as Pharaoh had mandated. יאוַיּוֹשֵׁ֣ב יוֹסֵף֘ אֶת־אָבִ֣יו וְאֶת־אֶחָיו֒ וַיִּתֵּ֨ן לָהֶ֤ם אֲחֻזָּה֙ בְּאֶ֣רֶץ מִצְרַ֔יִם בְּמֵיטַ֥ב הָאָ֖רֶץ בְּאֶ֣רֶץ רַעְמְסֵ֑ס כַּֽאֲשֶׁ֖ר צִוָּ֥ה פַרְעֹֽה:
Rameses: That is [part] of the land of Goshen.
רעמסס: מארץ גושן היא:
12And Joseph sustained his father and his brothers and his father's entire household [with] bread according to the young children. יבוַיְכַלְכֵּ֤ל יוֹסֵף֙ אֶת־אָבִ֣יו וְאֶת־אֶחָ֔יו וְאֵ֖ת כָּל־בֵּ֣ית אָבִ֑יו לֶ֖חֶם לְפִ֥י הַטָּֽף:
[with] bread according to the young children: According to what was required for all the members of their household.
לפי הטף: לפי הצריך לכל בני ביתם:
13Now there was no food in the entire land, for the famine had grown exceedingly severe, and the land of Egypt and the land of Canaan were exhausted because of the famine. יגוְלֶ֤חֶם אֵין֙ בְּכָל־הָאָ֔רֶץ כִּֽי־כָבֵ֥ד הָֽרָעָ֖ב מְאֹ֑ד וַתֵּ֜לַהּ אֶ֤רֶץ מִצְרַ֨יִם֙ וְאֶ֣רֶץ כְּנַ֔עַן מִפְּנֵ֖י הָֽרָעָֽב:
Now there was no food in the entire land: It (Scripture) returns to the earlier topic, to the beginning of the famine years. [From Gen. Rabbah 89:9]
ולחם אין בכל הארץ: חוזר לענין הראשון לתחלת שני הרעב:
were exhausted: An expression of exhaustion, as the Targum renders ואשתלהי, and similar to this is“Like one who wearies himself shooting firebrands” (Prov. 26:18).
ותלה: כמו ותלאה לשון עייפות, כתרגומו, ודומה לו (משלי כו יח) כמתלהלה היורה זיקים:
14And Joseph collected all the money that was found in the land of Egypt and in the land of Canaan with the grain that they were buying, and Joseph brought the money into Pharaoh's house. ידוַיְלַקֵּ֣ט יוֹסֵ֗ף אֶת־כָּל־הַכֶּ֨סֶף֙ הַנִּמְצָ֤א בְאֶֽרֶץ־מִצְרַ֨יִם֙ וּבְאֶ֣רֶץ כְּנַ֔עַן בַּשֶּׁ֖בֶר אֲשֶׁר־הֵ֣ם שֹֽׁבְרִ֑ים וַיָּבֵ֥א יוֹסֵ֛ף אֶת־הַכֶּ֖סֶף בֵּ֥יתָה פַרְעֹֽה:
with the grain that they were buying: they gave him the money.
בשבר אשר הם שוברים: נותנין לו את הכסף:
15Now the money was depleted from the land of Egypt and from the land of Canaan, and all the Egyptians came to Joseph, saying, "Give us food; why should we die in your presence, since the money has been used up?" טווַיִּתֹּ֣ם הַכֶּ֗סֶף מֵאֶ֣רֶץ מִצְרַ֘יִם֘ וּמֵאֶ֣רֶץ כְּנַ֒עַן֒ וַיָּבֹ֩אוּ֩ כָל־מִצְרַ֨יִם אֶל־יוֹסֵ֤ף לֵאמֹר֙ הָֽבָה־לָּ֣נוּ לֶ֔חֶם וְלָ֥מָּה נָמ֖וּת נֶגְדֶּ֑ךָ כִּ֥י אָפֵ֖ס כָּֽסֶף:
has been used up: Heb. אָפֵס, as the Targum renders: שְׁלִים, [meaning] is ended. — [Rashi]
אפס: כתרגומו שלים:
16And Joseph said, "Give [me] your livestock, and I will give you [food in return] for your livestock, if the money has been used up." טזוַיֹּ֤אמֶר יוֹסֵף֙ הָב֣וּ מִקְנֵיכֶ֔ם וְאֶתְּנָ֥ה לָכֶ֖ם בְּמִקְנֵיכֶ֑ם אִם־אָפֵ֖ס כָּֽסֶף:
17So they brought their livestock to Joseph, and Joseph gave them food [in return] for the horses and for the livestock in flocks and in cattle and in donkeys, and he provided them with food [in return] for all their livestock in that year. יזוַיָּבִ֣יאוּ אֶת־מִקְנֵיהֶם֘ אֶל־יוֹסֵף֒ וַיִּתֵּ֣ן לָהֶם֩ יוֹסֵ֨ף לֶ֜חֶם בַּסּוּסִ֗ים וּבְמִקְנֵ֥ה הַצֹּ֛אן וּבְמִקְנֵ֥ה הַבָּקָ֖ר וּבַֽחֲמֹרִ֑ים וַיְנַֽהֲלֵ֤ם בַּלֶּ֨חֶם֙ בְּכָל־מִקְנֵהֶ֔ם בַּשָּׁנָ֖ה הַהִֽוא:
and he provided them: Heb. וַיְנַהִלֵם, similar to וַיְנַהִגֵם, and he guided them, and similar to this is“She has no guide (מְנַהֵל)” (Isa. 51:18),“ He leads me (יְנַהִלֵנִי) beside still waters” (Ps. 23:2).
וינהלם: כמו וינהגם, ודומה לו (ישעיה נא יח) אין מנהל לה, (תהלים כג ב) על מי מנוחות ינהלני:
18That year ended, and they came to him in the second year, and they said to him, "We will not hide from my lord, for insofar as the money and the property in animals have been forfeited to my lord, nothing remains before my lord, except our bodies and our farmland. יחוַתִּתֹּם֘ הַשָּׁנָ֣ה הַהִוא֒ וַיָּבֹ֨אוּ אֵלָ֜יו בַּשָּׁנָ֣ה הַשֵּׁנִ֗ית וַיֹּ֤אמְרוּ לוֹ֙ לֹֽא־נְכַחֵ֣ד מֵֽאֲדֹנִ֔י כִּ֚י אִם־תַּ֣ם הַכֶּ֔סֶף וּמִקְנֵ֥ה הַבְּהֵמָ֖ה אֶל־אֲדֹנִ֑י לֹ֤א נִשְׁאַר֙ לִפְנֵ֣י אֲדֹנִ֔י בִּלְתִּ֥י אִם־גְּוִיָּתֵ֖נוּ וְאַדְמָתֵֽנוּ:
in the second year: The second of the famine years.
בשנה השנית: שנית לשני הרעב:
for insofar as the money and the property in animals have been forfeited, etc: Heb. כִּי אִם. For insofar as the money and the property have been forfeited and everything has come into my lord’s possession.
כי אם תם הכסף וגו': כי אשר תם הכסף והמקנה ובא הכל אל יד אדוני:
except our bodies: Heb. בִּלְתִּי, like אִם לֹא גְוִיָתֵנוּ, if not our bodies.
בלתי אם גויתנו: כמו אם לא גויתנו:
19Why should we die before your eyes, both we and our farmland? Buy us and our farmland for food, so that we and our farmland will be slaves to Pharaoh, and give [us] seed, so that we live and not die, and the soil will not lie fallow." יטלָ֧מָּה נָמ֣וּת לְעֵינֶ֗יךָ גַּם־אֲנַ֨חְנוּ֙ גַּם־אַדְמָתֵ֔נוּ קְנֵֽה־אֹתָ֥נוּ וְאֶת־אַדְמָתֵ֖נוּ בַּלָּ֑חֶם וְנִֽהְיֶ֞ה אֲנַ֤חְנוּ וְאַדְמָתֵ֨נוּ֙ עֲבָדִ֣ים לְפַרְעֹ֔ה וְתֶן־זֶ֗רַע וְנִֽחְיֶה֙ וְלֹ֣א נָמ֔וּת וְהָֽאֲדָמָ֖ה לֹ֥א תֵשָֽׁם:
and give [us] seed-: [with which] to sow the soil. Although Joseph said,“and [for] another five years there will be neither plowing nor harvest” (Gen. 45:6), as soon as Jacob came to Egypt, blessing came with his arrival, and they started to sow, and the famine ended. So we learned in the Tosefta of Sotah (10:1-3).
ותן זרע: לזרוע האדמה. ואף על פי שאמר יוסף (לעיל מה ו) ועוד חמש שנים אשר אין חריש וקציר, מכיון שבא יעקב למצרים, באה ברכה לרגליו, והתחילו לזרוע וכלה הרעב, וכן שנינו בתוספתא דסוטה:
will not lie fallow: Heb. לֹא תֵּשָׁם, will not be desolate, [and Onkelos renders:] לָא תְבוּר, an expression denoting a fallow field (שָׂדֶה בוּר), which is not plowed.
לא תשם: לא תהא שממה, לא תבור, לשון שדה בור, שאינו חרוש:
20So Joseph bought all the farmland of the Egyptians for Pharaoh, for the Egyptians sold, each one his field, for the famine had become too strong for them, and the land became Pharaoh's. כוַיִּ֨קֶן יוֹסֵ֜ף אֶת־כָּל־אַדְמַ֤ת מִצְרַ֨יִם֙ לְפַרְעֹ֔ה כִּי־מָֽכְר֤וּ מִצְרַ֨יִם֙ אִ֣ישׁ שָׂדֵ֔הוּ כִּֽי־חָזַ֥ק עֲלֵהֶ֖ם הָרָעָ֑ב וַתְּהִ֥י הָאָ֖רֶץ לְפַרְעֹֽה:
and the land became Pharaoh’s: I.e., it was acquired by him.
ותהי הארץ לפרעה: קנויה לו:
21And he transferred the populace to the cities, from [one] end of the boundary of Egypt to its [other] end. כאוְאֶ֨ת־הָעָ֔ם הֶֽעֱבִ֥יר אֹת֖וֹ לֶֽעָרִ֑ים מִקְצֵ֥ה גְבֽוּל־מִצְרַ֖יִם וְעַד־קָצֵֽהוּ:
And he transferred the populace: Joseph [transferred them] from city to city so that they would remember that they have no more share in the land, and he settled those of one city in another (Targum Onkelos). Scripture did not have to write this except to let you know Joseph’s praise, that he intended to remove the stigma from his brothers, so that they (the Egyptians) would not call them exiles. [From Gen. Rabbah 89:9, Chul. 60b]
ואת העם העביר: יוסף מעיר לעיר, לזכרון שאין להם עוד חלק בארץ, והושיב של עיר זו בחברתה. ולא הוצרך הכתוב לכתוב זאת, אלא להודיע שבחו של יוסף שנתכוין להסיר חרפה מעל אחיו, שלא יהיו קורין אותם גולים:
from [one] end of the boundary of Egypt, etc.: So he did with all the cities in the kingdom of Egypt, from one end of its boundary to the other end of its boundary.
מקצה גבול מצרים וגו': כן עשה לכל הערים אשר במלכות מצרים מקצה גבולה ועד קצה גבולה:
22Only the farmland of the priests he did not buy, for the priests had an allotment from Pharaoh, and they ate their allotment that Pharaoh had given them; therefore, they did not sell their farmland. כברַ֛ק אַדְמַ֥ת הַכֹּֽהֲנִ֖ים לֹ֣א קָנָ֑ה כִּי֩ חֹ֨ק לַכֹּֽהֲנִ֜ים מֵאֵ֣ת פַּרְעֹ֗ה וְאָֽכְל֤וּ אֶת־חֻקָּם֙ אֲשֶׁ֨ר נָתַ֤ן לָהֶם֙ פַּרְעֹ֔ה עַל־כֵּ֕ן לֹ֥א מָֽכְר֖וּ אֶת־אַדְמָתָֽם:
the priests: Heb. הַכֹּהִנִים, the priests. Every instance of כֹּהֵן means a minister to deities, except those that are an expression of high rank, like“the governor (כֹּהֵן) of Midian” (Exod. 2: 16),“the governor (כֹּהֵן) of On” (Gen. 41:45). [From targumim]
הכהנים: הכומרים, כל לשון כהן משרת לאלהות הוא, חוץ מאותן שהם לשון גדולה, כמו (שמות ב טז) כהן מדין, (לעיל מא מה) כהן און:
the priests had an allotment: An allotment of so much bread per day.
חק לכהנים: חק כך וכך לחם ליום:
23Joseph said to the people, "Behold, I have bought you and your farmland today for Pharaoh. Behold, you have seed, so sow the soil. כגוַיֹּ֤אמֶר יוֹסֵף֙ אֶל־הָעָ֔ם הֵן֩ קָנִ֨יתִי אֶתְכֶ֥ם הַיּ֛וֹם וְאֶת־אַדְמַתְכֶ֖ם לְפַרְעֹ֑ה הֵֽא־לָכֶ֣ם זֶ֔רַע וּזְרַעְתֶּ֖ם אֶת־הָֽאֲדָמָֽה:
Behold: Heb. הֵא, equivalent to הִנֵה, as in:“behold (הֵא) I have laid your way on [your] head” (Ezek. 16:43). [From targumim]
הא: כמו הנה, כמו (יחזקאל טז מג) וגם אני הא דרכך בראש נתתי:
24And it shall be concerning the crops, that you shall give a fifth to Pharaoh, and the [remaining] four parts shall be yours: for seed for [your] field[s], for your food, for those in your houses, and for your young children to eat." כדוְהָיָה֙ בַּתְּבוּאֹ֔ת וּנְתַתֶּ֥ם חֲמִישִׁ֖ית לְפַרְעֹ֑ה וְאַרְבַּ֣ע הַיָּדֹ֡ת יִֽהְיֶ֣ה לָכֶם֩ לְזֶ֨רַע הַשָּׂדֶ֧ה וּלְאָכְלְכֶ֛ם וְלַֽאֲשֶׁ֥ר בְּבָֽתֵּיכֶ֖ם וְלֶֽאֱכֹ֥ל לְטַפְּכֶֽם:
for seed for [your] field[s]: Every year.
לזרע השדה: שבכל שנה:
for those in your houses: For food for the manservants and maidservants who are in your houses.
ולאשר בבתיכם: ולאכול העבדים והשפחות אשר בבתיכם:
your young children: Heb. טַפְּכֶם, young children.
טפכם: בנים קטנים:
25They replied, "You have saved our lives! Let us find favor in my lord's eyes, and we will be slaves to Pharaoh." כהוַיֹּֽאמְר֖וּ הֶֽחֱיִתָ֑נוּ נִמְצָא־חֵן֙ בְּעֵינֵ֣י אֲדֹנִ֔י וְהָיִ֥ינוּ עֲבָדִ֖ים לְפַרְעֹֽה:
Let us find favor: that you should do this for us, as you have said.
נמצא חן: לעשות לנו זאת כמו שאמרת:
and we will be slaves to Pharaoh: to pay him this tribute every year as a statute that will not be repealed.
והיינו עבדים לפרעה: להעלות לו המס הזה בכל שנה:
26So Joseph made it a statute to this day concerning the farmland of Egypt for the one fifth. Only the farmland of the priests alone did not become Pharaoh's. כווַיָּ֣שֶׂם אֹתָ֣הּ יוֹסֵ֡ף לְחֹק֩ עַד־הַיּ֨וֹם הַזֶּ֜ה עַל־אַדְמַ֥ת מִצְרַ֛יִם לְפַרְעֹ֖ה לַחֹ֑מֶשׁ רַ֞ק אַדְמַ֤ת הַכֹּֽהֲנִים֙ לְבַדָּ֔ם לֹ֥א הָֽיְתָ֖ה לְפַרְעֹֽה:
27And Israel dwelt in the land of Egypt in the land of Goshen, and they acquired property in it, and they were prolific and multiplied greatly. כזוַיֵּ֧שֶׁב יִשְׂרָאֵ֛ל בְּאֶ֥רֶץ מִצְרַ֖יִם בְּאֶ֣רֶץ גּ֑שֶׁן וַיֵּאָֽחֲז֣וּ בָ֔הּ וַיִּפְר֥וּ וַיִּרְבּ֖וּ מְאֹֽד:
And Israel dwelt in the land of Egypt: Where? In the land of Goshen, which is [part] of the land of Egypt.
וישב ישראל בארץ מצרים: והיכן, בארץ גושן, שהיא מארץ מצרים:
and they acquired property in it: Heb. וַיֵאָחִזוּ בָהּ, [which is] an expression of אִחֻזָה, holding.
ויאחזו בה: לשון אחוזה:
Tehillim: Psalms Chapters 29 - 34
• Hebrew text
• English text
Chapter 29
The Name of God appears eighteen times in this psalm, corresponding to which our Sages established eighteen blessings-the Amidah. The entire psalm can be interpreted as referring to the giving of the Torah and the ingathering of the exiles.
1. A psalm by David. Render to the Lord, children of the mighty, render to the Lord honor and strength.
2. Render to the Lord the honor due to His Name; bow down to the Lord in resplendent holiness.
3. The voice of the Lord is over the waters, the God of glory thunders; the Lord is over mighty waters.
4. The voice of the Lord resounds with might; the voice of the Lord resounds with majesty.
5. The voice of the Lord breaks cedars; the Lord shatters the cedars of Lebanon.
6. He makes them leap like a calf, Lebanon and Sirion like a young wild ox.
7. The voice of the Lord strikes flames of fire.
8. The voice of the Lord makes the desert tremble; the Lord causes the desert of Kadesh to tremble.
9. The voice of the Lord causes the does to calve, and strips the forests bare; and in His Sanctuary all proclaim His glory.
10. The Lord sat [as King] at the Flood; the Lord will sit as King forever.
11. The Lord will give strength to His people; the Lord will bless His people with peace.
Chapter 30
This psalm teaches one not to be distressed if God visits suffering upon him in this world, for only through suffering can one enter the World to Come. Even one of great spiritual stature should realize that his stability is not guaranteed, but that all is in the hands of God.
1. A psalm, a song of dedication of the House, by David.
2. I exalt You, Lord, for You have uplifted me, and did not allow my enemies to rejoice over me.
3. Lord, my God, I cried out to You, and You healed me.
4. Lord, You have brought up my soul from the grave; You have kept me alive, that I should not descend to the pit.
5. Sing to the Lord, you His pious ones, and praise His holy Name.
6. For His wrath endures but for a moment, when He is conciliated there is [long] life; when one retires at night weeping, joy will come in the morning.
7. In my security I thought, "I shall never falter.”
8. Lord, by Your favor You have made my mountain stand strong; when You concealed Your countenance I was alarmed.
9. I called to You, O Lord, and I made supplication to my Lord:
10. What profit is there in my death, in my going down to the grave? Can dust praise You? Can it proclaim Your truth
11. Lord, hear and be gracious to me; Lord, be a help to me.
12. You have turned my mourning into dancing; You have undone my sackcloth and girded me with joy.
13. Therefore my soul shall sing to You, and not be silent; Lord my God, I will praise You forever.
Chapter 31
Composed by a destitute and oppressed David, running from Saul while placing his trust in God, this psalm instructs man to put his trust in God alone.
1. For the Conductor, a psalm by David.
2. In You I have taken shelter, O Lord, I shall never be shamed; rescue me in Your righteousness.
3. Turn Your ear to me, save me quickly; be to me a rock of refuge, a fortress to deliver me.
4. For You are my rock and my fortress; for the sake of Your Name, direct me and lead me.
5. Remove me from the net they planted for me, for You are my stronghold.
6. I entrust my spirit into Your hand; You will redeem me, Lord, God of truth.
7. I despise those who anticipate worthless vanities; but I trust in the Lord.
8. I will rejoice and delight in Your kindness, for You have seen my affliction; You know the troubles of my soul.
9. You have not delivered me into the hand of the enemy; You have set my feet on spacious ground.
10. Be gracious to me, O Lord, for I am in distress; my eye wastes away from vexation-my soul and my stomach.
11. For my life is spent in sorrow, my years in sighing; my strength fails because of my iniquity, and my bones are wasted away.
12. Because of my adversaries I have become a disgrace-exceedingly to my neighbors, and a dread to my friends; those who see me outside flee from me.
13. Like a dead man, I was forgotten from the heart; I became like a lost vessel.
14. For I have heard the slander of many, terror on every side, when they assembled together against me and plotted to take my life.
15. But I trusted in You, O Lord; I said, "You are my God.”
16. My times are in Your hand; save me from the hands of my enemies and pursuers.
17. Shine Your countenance upon Your servant; deliver me in Your kindness.
18. O Lord, let me not be ashamed, for I have called You; let the wicked be shamed, let them be silent to the grave.
19. Let the lips of falsehood-which speak insolently against the righteous, with arrogance and contempt-be struck dumb.
20. How abundant is Your good that You have hidden for those who fear You; in the presence of man, You have acted for those who take refuge in You.
21. Conceal them from the haughtiness of man, in the shelter of Your countenance; hide them in a shelter from the strife of tongues.
22. Blessed is the Lord, for He has been wondrous in His kindness to me in a besieged city.
23. I said in my panic, "I am cut off from before Your eyes!" But in truth, You heard the voice of my pleas when I cried to You.
24. Love the Lord, all His pious ones! The Lord preserves the faithful, and repays with exactness those who act haughtily.
25. Be strong and fortify your hearts, all who put their hope in the Lord!
Chapter 32
This psalm speaks of forgiveness of sin, and of the good fortune of one who repents and confesses to God wholeheartedly.
1. By David, a maskil.1Fortunate is he whose transgression is forgiven, whose sin is covered.
2. Fortunate is the man to whom the Lord does not reckon his sin, and in whose spirit there is no deceit.
3. When I was silent, my limbs wore away through my wailing all day long.
4. For day and night Your hand was heavy upon me; my marrow became [dry] as the droughts of summer, Selah.
5. My sin I made known to You, my iniquity I did not cover. I said, "I will confess my transgressions to the Lord," and You have forgiven the iniquity of my transgression forever.
6. For this let every pious man pray to You, at a time when You may be found; indeed, the flood of many waters will not reach him.
7. You are a refuge to me; protect me from distress; surround me with songs of deliverance forever.
8. I will enlighten you and educate you in the path you should go; I will advise you with what I have seen.
9. Be not like a horse, like a mule, senseless, that must be muzzled with bit and bridle when being adorned, so that it not come near you.
10. Many are the agonies of the wicked, but he who trusts in the Lord is surrounded by kindness.
11. Rejoice in the Lord and exult, you righteous ones! Sing joyously, all you upright of heart!
FOOTNOTES
1.A psalm intended to enlighten and impart knowledge(Metzudot).
Chapter 33
This psalm teaches the righteous and upright to praise God. For the more one knows of the Torah's wisdom, the more should he praise God, for he knows and understands His greatness.
1. Sing joyously to the Lord, you righteous ones; it is fitting for the upright to offer praise.
2. Extol the Lord with a harp; sing to Him with a ten-stringed lyre.
3. Sing to Him a new song; play well with sounds of jubilation.
4. For the word of the Lord is just; all His deeds are done in faithfulness.
5. He loves righteousness and justice; the kindness of the Lord fills the earth.
6. By the word of the Lord the heavens were made, and by the breath of His mouth all their hosts.
7. He gathers the waters of the sea like a mound; He places the deep waters in vaults.
8. Let all the earth fear the Lord; let all the inhabitants of the world tremble before Him.
9. For He spoke, and it came to be; He commanded, and it endured.
10. The Lord has annulled the counsel of nations; He has foiled the schemes of peoples.
11. The counsel of the Lord stands forever, the thoughts of His heart throughout all generations.
12. Fortunate is the nation whose God is the Lord, the people He chose as a heritage for Himself.
13. The Lord looks down from heaven; He beholds all mankind.
14. From His dwelling-place He looks intently upon all the inhabitants of the earth.
15. It is He Who fashions the hearts of them all, Who perceives all their actions.
16. The king is not saved by a great army, nor a warrior rescued by great might.
17. The horse is a false guarantee for victory; with all its great strength it offers no escape.
18. But the eye of the Lord is directed toward those who fear Him, toward those who hope for His kindness,
19. to save their soul from death and to sustain them during famine.
20. Our soul yearns for the Lord; He is our help and our shield.
21. For our heart shall rejoice in Him, for we have put our trust in His Holy Name.
22. May Your kindness, Lord, be upon us, as we have placed our hope in You.
Chapter 34
This psalm tells of when David was in grave danger while at the palace of Achish, brother of Goliath. David acted like a madman, letting spittle run down his beard, and writing on the doors: "Achish, king of Gath, owes me one hundred thousand gold coins," leading Achish to eject him from the palace. In his joy, David composed this psalm in alphabetical sequence.
1. By David, when he feigned insanity before Avimelech,1 who then drove him away, and he left.
2. I bless the Lord at all times; His praise is always in my mouth.
3. My soul glories in the Lord; let the humble hear it and rejoice.
4. Exalt the Lord with me, and let us extol His Name together.
5. I sought the Lord and He answered me; He delivered me from all my fears.
6. Those who look to Him are radiant; their faces are never humiliated.
7. This poor man called, and the Lord heard; He delivered him from all his tribulations.
8. The angel of the Lord camps around those who fear Him, and rescues them.
9. Taste and see that the Lord is good; fortunate is the man who trusts in Him.
10. Fear the Lord, you His holy ones, for those who fear Him suffer no want.
11. Young lions may want and hunger, but those who seek the Lord shall not lack any good thing.
12. Come, children, listen to me; I will teach you the fear of the Lord.
13. Who is the man who desires life, who loves long life wherein to see goodness?
14. Guard your tongue from evil, and your lips from speaking deceit.
15. Turn away from evil and do good, seek peace and pursue it.
16. The eyes of the Lord are directed toward the righteous, and His ears toward their cry.
17. The wrath of the Lord is upon the evildoers, to excise their memory from the earth.
18. But when they [repent and] cry out, the Lord hears, and saves them from all their troubles.
19. The Lord is close to the broken-hearted, and saves those with a crushed spirit.
20. Many are the afflictions of a righteous person, but the Lord rescues him from them all.
21. He protects all his bones; not one of them is broken.
22. Evil brings death upon the wicked, and the enemies of the righteous are condemned.
23. The Lord redeems the soul of His servants; all who take shelter in Him are not condemned.
FOOTNOTES
1.All Philistine kings are referred to by the name Avimelech (Rashi).
Tanya: Likutei Amarim, middle of Chapter 7
• English Text (Lessons in Tanya)
• Hebrew Text
• Audio Class: Listen | Download
• Video Class
Shabbat, Tevet 5, 5778 · December 23, 2017
Today's Tanya Lesson
Likutei Amarim, middle of Chapter 7
AUDIO & VIDEO CLASSES
• VIDEO CLASS: Rabbi Yehoshua B. Gordon Watch • Listen
• AUDIO CLASS: Rabbi Manis Freidman Listen • Download MP3
אך מי שהוא בזוללי בשר וסובאי יין למלאות תאות גופו ונפשו הבהמית, שהוא בחינת יסוד המים מארבע יסודות הרעים שבה שממנו מדת התאוה
On the other hand, if a person is one of those who gluttonously eat meat and quaff wine in order to satisfy their bodily appetites and animal soul, then since, of the animal soul’s four evil elements, this desire belongs to the element of Water, from which comes the appetite for pleasures,
As explained in the first chapter, all evil characteristics come from the four evil elements of the animal soul, with the appetite for pleasures emanating from the element of Water,
הנה על ידי זה יורד חיות הבשר והיין שבקרבו, ונכלל לפי שעה ברע גמור שבשלש קליפות הטמאות
in such case the vitality of the meat and wine that he ingested is thereby degraded, and absorbed temporarily in the utter evil of the three unclean kelipot.
וגופו נעשה להן לבוש ומרכבה
His (the glutton’s) body becomes a garment and a “vehicle” for these kelipot.
The term “vehicle” is an analogy for total subservience; just as a vehicle is completely subservient to the will of its driver, having no will of its own, so (in this case) is this person totally subservient to the three uncleankelipot.
לפי שעה, עד אשר ישוב האדם ויחזור לעבודת ה׳ ולתורתו
But his body remains so [only] temporarily, until the person repents and returns to the service of G‑d and His Torah — whereupon he ceases to be a vehicle for the kelipot; the energy of the food and drink is then released from the kelipot and returns to Sanctity.
כי לפי שהיה בשר היתר ויין כשר, לכך יכולים לחזור ולעלות עמו בשובו לעבודת ה׳
For, inasmuch as the meat and wine were kosher and permissible and it was only the person’s desire for pleasure that degraded them, they have the power to revert and ascend with him when he returns to the service of G‑d — at which time the strength gained from the food and drink are utilized in serving G‑d.
שזהו לשון היתר ומותר, כלומר: שאינו קשור ואסור בידי החיצונים
This is implied in the terms hetter (“permissibility”) and mutar (“permissible”). That which maybe done or eaten is called “mutar”, literally meaning “released” or “unbound”. In our context the term means that the permissible object is not “chained” to the kelipot. That is to say, it is not tied and bound by the power of the “extraneous forces,” i.e., the kelipot and sitra achra which are extraneous to the realm of Sanctity,
שלא יוכל לחזור ולעלות לה׳
preventing it from returning and ascending to G‑d.
Rather, it can return and ascend to G‑d when the person involved returns to the service of G‑d, as explained above.
רק שהרשימו ממנו נשאר בגוף
Nevertheless, even when this energy reverts to Sanctity through the person's returns to the service of G‑d, a trace [of the evil] remains in the body.
Eating permissible food for bodily pleasure causes the food to descend into total evil. Subsequently, the food becomes part of the body. Though repentance elevates not only the person but also the energy of the food and drink as well, still, having become a part of the body, a vestige of evil remains.
ועל כן צריך הגוף לחיבוט הקבר, כמו שיתבאר לקמן
For this reason the body must undergo the “Purgatory of the Grave,” as will be explained later.1
Like all heavenly punishments, “Purgatory of the Grave” too is a means of spiritual purification. All remaining traces of evil energy created by eating and drinking for bodily pleasure are removed through this punishment.
וכן החיות שבטפות זרע שיצאו ממנו בתאוה בהמית, שלא קידש עצמו בשעת תשמיש עם אשתו טהורה
So, too, with regard to the vitality of the drops of semen emitted from the body with animal lust, by him who has not conducted himself in a holy manner during intimacy with his wife during her state of purity. Here, too, the vitality is temporarily absorbed in the total evil of the three unclean kelipotuntil the person repents.
In the above instances, the fault lies not in the acts, which in themselves are permissible, but rather in the person’s intention in doing them — acting out of regard for bodily pleasure, not for the sake of heaven.
מה שאין כן במאכלות אסורות וביאות אסורות, שהן משלש קליפות הטמאות לגמרי
Such is not the case, however, with forbidden foods and illicit coition, which inasmuch as they are prohibited acts derive their vitality from the three entirely unclean kelipot.
הם אסורים וקשורים בידי החיצונים לעולם
These are tied and bound by the “extraneous forces” (the kelipot) forever.
ואין עולים משם עד כי יבוא יומם ויבולע המות לנצח, כמו שכתוב: ואת רוח הטומאה אעביר מן האר׳
They (the vitality of these prohibited acts) are not elevated from [the kelipot] until “their day comes”(the time when evil will totally disappear from the world), when “death (i.e., the kelipot, called ”death“ because they oppose G‑dliness, which is life) will be swallowed up i.e., eradicated forever,” as it is written:2 “And I (G‑d) will remove the spirit of impurity from the earth.” Then, when the kelipotcease to exist, the sparks of holiness will of themselves be freed from them.
או עד שיעשה תשובה גדולה כל כך שזדונות נעשו לו כזכיות ממש
Or, until the sinner repents in the manner presently described, in which case the sparks of holiness need not remain in the clutches of the kelipot until the End of Days; they may even be freed, and restored to holiness, whenhe (the sinner) repents so earnestly that his premeditated sins become transmuted into veritable merits.
שהיא תשובה מאהבה מעומקא דלבא, באהבה וחשיקה ונפש שוקקה לדבקה בו יתברך
This is achieved through “repentance out of love (of G‑d),” coming from the depths of the heart, with great love and fervor, and from a soul passionately desiring to cleave to the blessed G‑d,
וצמאה נפשו לה׳ כאר׳ עיפה וציה
and thirsting for G‑d like a parched and barren soil thirsts desperately for water.
להיות כי עד הנה היתה נפשו באר׳ ציה וצלמות, היא הסטרא אחרא, ורחוקה מאור פני ה׳ בתכלית
For inasmuch as till now until he repented his soul had been in a barren wilderness and in the shadow of death, which is the sitra achra, and had been far removed from the light of the Divine Countenance, in the greatest possible measure,
ולזאת צמאה נפשו ביתר עז מצמאון נפשות הצדיקים
therefore, now that he “repents out of love” his soul thirsts for G‑d even more intensely than the souls of the righteous who have never sinned.
The righteous tzaddik, ever close to G‑d, is like one who always has water near at hand — his thirst is never so intense. The penitent, however, finds himself as if in a desert, where the very absence of water causes his thirst to burn with greater intensity.
כמאמרם ז״ל: במקום שבעלי תשובה עומדים כו׳
As our Sages say:3 “Where penitents stand…[not even the perfectly righteous can stand]. For, as explained earlier, the tzaddik lacks the penitent’s intense yearning for G‑d.
ועל תשובה מאהבה רבה זו אמרו שזדונות נעשו לו כזכיות, הואיל ועל ידי זה בא לאהבה רבה זו
[Only] concerning repentance out of such great love has it been said4 that [the penitent’s] premeditated sins become, for him, like virtues, since through them (through the sins which previously had distanced him from G‑d) he attained when he repented to this great love. Thus, his sins affected him in the same way as mitzvot: they brought about within him a greater love of G‑d.
In summary: It is possible even now, before evil completely disappears from the earth, to extricate the vitality of forbidden acts from the kelipot, through “repentance out of love of G‑d.”
אבל תשובה שלא מאהבה זו, אף שהיא תשובה נכונה, וה׳ יסלח לו, מכל מקום לא נעשו לו כזכיות
But in the case of repentance that does not come from such love, though it be proper repentance, and G‑d will surely pardon him, nevertheless [his sins] are not transformed for him into the equivalent of virtues.
ואין עולים מהקליפה לגמרי עד עת ק׳, שיבולע המות לנצח
They are not released and hence do not completely ascend from the kelipah so that no trace of the sin remains5 “until the end of time,” when6 “death will be swallowed up forever.”
Thus we have learned that the energy of forbidden foods and illicit coition is released from the kelipot only when one repents out of love or when evil ceases. Now we shall learn that in the case of one specific prohibition, ordinary repentance can accomplish what normally requires “repentance out of love.”
| FOOTNOTES | |
| 1. | Ch. 8. |
| 2. | Zechariah 13:2. |
| 3. | Berachot 34b. |
| 4. | Yoma 86b. |
| 5. | Daniel 11:35. |
| 6. | Cf. Yeshayahu 25:8. |
• Sefer Hamitzvot:
English Text | Hebrew Text
Audio: Listen | Download | Video ClassShabbat, Tevet 5, 5778 · December 23, 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
Negative Commandment 336
Incest with a Daughter
It is forbidden to have incestuous relations with one's daughter.
The Torah doesn't explicitly mention this prohibition—for if incest with a granddaughter is forbidden, how much more so incest with a daughter. And the Sages deduced from the wording of the verses that incest with a daughter is biblically prohibited.
Full text of this Mitzvah »Incest with a Daughter
Negative Commandment 336
Translated by Berel Bell
The 336th prohibition is that one is forbidden from having relations with one's daughter.
This mitzvah is not explicitly stated in the Torah; it does not say, "do not commit incest with your daughter," for example. The Torah already prohibited relations with one's son's daughter and one's daughter's daughter, although they are more remotely related. It is therefore obvious [that a daughter is prohibited] and it is not mentioned.
In tractate Yevamos it is said, "the actual prohibition of [incest with] a daughter is learned by means of derivation,1 as Rava said, 'Rabbi Yitzchok bar Avdimi said to me: "compare the two occurrences of the word heinah [they are] and the two occurrences of the word zimah [perversion].' "
The explanation of this passage: regarding the incestual prohibition of one's son's daughter and one's daughter's daughter, the verse says,2 "for they are [heina] your own nakedness." Regarding the prohibition [of marrying] a woman and her daughter, son's daughter, or daughter's daughter, the verse says,3 "since they are [heinah] relatives, it is perversion."
[Since both verses have the word heinah, we can use the principle of gezeirah shavah,4 and compare the two verses:] just as where there is a prohibition [against marrying] a woman together with her son's daughter or daughter's daughter, the same applies to her daughter5 — so too where there is a prohibition [from having relations with] one's son's daughter or daughter's daughter, the same applies to one's daughter.6
Regarding the appropriate punishment, the verse states,7 "if a man marries a woman and her mother, it is perversion [zimah], and both he and they8 shall be burned with fire." So too, the punishment [for marrying] a woman and her daughter's daughter or son's daughter is burning, since regarding them the verse9 says zimah,10 just as it does by a woman and her daughter.11
Tractate Kerisus12 says, "do not treat a gezeirah shavah lightly, because [the prohibition of incest with] a daughter is part of the main body of the Torah,13 and nevertheless the verse does not teach it to us [explicitly] except through a gezeirah shavah14 — 'compare the two occurrences of the word heinah and the two occurrences of the word zimah.' "
Think closely into the wording of the Sages, "the verse does not teach it to us," rather than, "we have not learned it." They said it in this way because all teachings of this category have been handed down to us through "The Emissary,"15 and they are part of Torah tradition, as we explained in the introduction to our explanation of the Mishneh.
The verse does not mention this prohibition explicitly because it can be derived from a gezeirah shavah. This is their intention in saying, "the verse does not teach it to us [explicitly] except through a gezeirah shavah." And their statement, "main body of the Torah" is sufficient [to teach us that this mitzvah counts as one of the 613].
The conclusion of this discussion is that one who transgresses the prohibition of [incest with] one's daughter, daughter's daughter, or son's daughter is punished by s'reifah.16 If the act was intentional, but no one knows of the transgression, or there was no valid testimony, the punishment is kares.17 If one of them transgressed unintentionally, that person must bring a sin-offering.18
FOOTNOTES
1.Not explicitly stated, as are the other incestual relationships, but learned by one of the principles of Torah derivation.
2.Lev. 18:10.
3.Lev. 18:17.
4.There is an Oral Tradition handed down from the time the Torah was given on Mt. Sinai, that when the same word occurs in two different contexts, the two laws can be compared. There must be a tradition for each particular instance.
5.As stated clearly in the verse, Lev. 18:17.
6.Until here is the Rambam's explanation of the Gemara's statement, "compare the two occurrences of the word heinah." Now he explains the meaning of, "the two occurrences of the word zimah."
7.Lev. 20:14.
8.Actually only the second one is executed; see Hilchos Isurei Biyah, 2:7.
9.Lev. 18:17.
10.See Heller edition, note 25.
11.I.e. a mother and her daughter, as in Lev. 20:14.
12.5a.
13.In the Second Introductory Principle, the Rambam stated that if a law is only derived, it does not count as one of the 613 mitzvos. However, there he says that when this expression — "main body of the Torah" [gufei Torah] — is used, the law does count as one of the 613. This is evidently his intention in quoting this passage.
14.Rather than with an explicit verse.
15.I.e. Moshe Rabbenu. If, however, the expression, "we have not learned" was used, this could imply that a gezeirah shavah could be derived by the Sages themselves. See Yad Halevi, note 5.
16.I.e. pouring molten metal down the person's throat. See P228.
17.See N320, note 9.
18.Ibid. note 12.
Negative Commandment 335
Incest with a Daughter's Daughter
"The nakedness of . . . [or] your daughter's daughter you shall not uncover their nakedness, for they are your own nakedness"—Leviticus 18:10.
It is forbidden to have incestuous relations with one's daughter's daughter.
Full text of this Mitzvah »Incest with a Daughter's Daughter
Negative Commandment 335
Translated by Berel Bell
The 335th prohibition is that one is forbidden from having relations with one's daughter's daughter.
The source of this commandment is G‑d's statement,1 "do not commit incest with [your son's daughter or] your daughter's daughter, for they are your own nakedness.
FOOTNOTES
1.Lev. 18:10.
Negative Commandment 337
Incest with a Mother-in-Law or Wife's Daughter
"You shall not uncover the nakedness of a woman and her daughter"—Leviticus 18:17.
It is forbidden to have incestuous relations with one's wife's mother or daughter.
Full text of this Mitzvah »Incest with a Mother-in-Law or Wife's Daughter
Negative Commandment 337
Translated by Berel Bell
The 337th prohibition is that one is forbidden from having relations with a woman and her daughter.
The source of this commandment is G‑d's statement,1 "do not commit incest with a woman and her daughter."
One who transgresses this prohibition — i.e. one of them is his wife, and he has relations with the other — and does so intentionally, is punished by s'reifa2 if there is acceptable testimony, in addition to kares.3 If he transgressed unintentionally, he must bring a sin-offering.4
FOOTNOTES
1.Lev. 18:17.
2.See note to N336.
3.See N320, note 9.
4.Ibid. note 12.
Negative Commandment 338
Incest with a Wife's Paternal Grandmother or a Wife's Son's Daughter
"...her son's daughter..."—Leviticus 18:17.
It is forbidden to have incestuous relations with one's wife's paternal grandmother or one's wife's son's daughter
Full text of this Mitzvah »Incest with a Wife's Paternal Grandmother or a Wife's Son's Daughter
Negative Commandment 338
Translated by Berel Bell
The 338th prohibition is that one is forbidden from having relations with a woman and her son's daughter.
The source of this commandment is G‑d's statement,1 "[do not commit incest with a woman and her daughter.] Do not even take her son's daughter."
For this prohibition, too, the punishment is s'reifah and kares for an intentional transgression, and a sin-offering if unintentional.
FOOTNOTES
1.Lev. 18:17.
Negative Commandment 339
Incest with a Wife's Maternal Grandmother or a Wife's Daughter's Daughter
"...and her daughter's daughter you shall not marry"—Leviticus 18:17.
It is forbidden to have incestuous relations with one's wife's maternal grandmother or one's wife's daughter's daughter
Full text of this Mitzvah »
Incest with a Wife's Maternal Grandmother or a Wife's Daughter's Daughter
Negative Commandment 339
Translated by Berel Bell
The 339th prohibition is that one is forbidden from having relations with a woman and her daughter's daughter.
The source of this commandment is G‑d's statement,1 "[do not commit incest with a woman and her daughter. Do not even take her son's daughter] or her daughter's daughter."
For this prohibition the punishment is kares and s'reifah for an intentional transgression, and a sin-offering if unintentional.
FOOTNOTES
1.Ibid.
Rambam:
• 1 Chapter A Day: Tzitzit Tzitzit - Chapter One
English Text | Hebrew Text
Audio: Listen | Download | Video ClassTzitzit - Chapter One
Introduction to Hilchos Tzitzit
They contain one mitzvah, to make tzitzit on the corners of a garment.
This mitzvah is explained in the following chapters.
הלכות ציצית - הקדמה
הלכות ציצית מצות עשה אחת והיא לעשות ציצית על כנפי הכסות וביאור מצוה זו בפרקים אלו:
1
The tassel that is made on the fringes of a garment from the same fabric as the garment is called tzitzit, because it resembles the locks of the head, as [Ezekiel 8:3] relates, "And he took me by the locks of my head."
This tassel is called the white [strands], because we are not commanded to dye it. The Torah did not establish a fixed number of strands for this tassel.
א
ענף שעושין על כנף הבגד ממין הבגד הוא הנקרא ציצית מפני שהוא דומה לציצית של ראש שנאמר ויקחני בציצית ראשי וזה הענף הוא הנקרא לבן מפני שאין אנו מצווין לצובעו ואין לחוטי הענף מנין מן התורה:
Commentary on Halachah 1
2
Then we take a strand of wool that is dyed a sky-like color and wind it around this tassel. This strand is called techelet. The Torah did not establish a fixed requirement for the number of times that this strand should be wound [around the tassel].
ב
ולוקחין חוט צמר שנצבע כעין הרקיע וכורכין אותו על הענף וחוט זה הוא הנקרא תכלת ואין למנין הכריכות שכורך חוט זה שיעור מן התורה:
Commentary on Halachah 2
3
Thus, this mitzvah contains two commandments: to make a tassel on the fringe [of a garment], and to wind a strand of techelet around the tassel. [Both these dimensions are indicated by Numbers 15:38, which] states: "And you shall make tassels... and you shall place on the tassels of the corner a strand of techelet."
ג
נמצאו במצוה זו שני צווים שיעשה על הכנף ענף יוצא ממנה ושיכרוך על הענף חוט תכלת שנאמר ועשו להם ציצית ונתנו על ציצית הכנף פתיל תכלת:
4
The [absence of] techelet does not prevent [the mitzvah from being fulfilled with] the white strands, nor does the [absence of] the white strands prevent [the mitzvah from being fulfilled with] techelet.
What is implied? A person who does not have techelet should make [tzitzit] from white strands alone. Similarly, if [tzitzit] were made from both white strands and techelet, and afterwards, the white strands snapped and were reduced until [they did not extend beyond] the corner [of the garment], and thus only the techelet remained, it is acceptable.
ד
והתכלת אינו מעכב את הלבן והלבן אינו מעכב את התכלת כיצד הרי שאין לו תכלת עושה לבן לבדו וכן אם עשה לבן ותכלת ונפסק הלבן ונתמעט עד הכנף ונשאר התכלת לבדו כשר:
Commentary on Halachah 4
5
Although the [absence of] one does not prevent [the mitzvah from being fulfilled with] the other, they are not considered as two mitzvot. Instead, they are a single mitzvah. Whether [the tzitzit] a person wears on his garment are white, techelet, or a combination of the two colors, he fulfills a single mitzvah.
The Sages of the early generations related: [Numbers 15:39 states:] "And they shall be tzitzit for you." This teaches that they are both one mitzvah.
The [presence of each of the] four tzitzit is necessary [for the mitzvah to be fulfilled], because all four are [elements] of a single mitzvah.
ה
אף על פי שאין אחד מהן מעכב את חבירו אינן שתי מצות אלא מצות עשה אחת אמרו חכמים הראשונים והיה לכם לציצית מלמד ששניהם מצוה אחת וארבע ציציות מעכבות זו את זו שארבעתן מצוה אחת והלובש טלית שיש בה לבן או תכלת או שניהם כאחד הרי קיים מצות עשה אחת:
Commentary on Halachah 5
6
How are the tzitzit made? One begins from the corner of a garment - i.e., the end of its woven portion. One ascends upward no more than three fingerbreadths from the edge, but no less than the distance from the knuckle of the thumb to its end.
[A hole is made] and four strands inserted, [causing them] to be folded in half. Thus, there will be eight strands hanging down from the corner. These eight strands must be at least four fingerbreadths long. If they are longer - even if they are a cubit or two long - it is acceptable. The term "fingerbreadth" refers to a thumbbreadth.
One of the eight strands should be techelet; the other seven should be white.
ו
כיצד עושין את הציצית מתחיל מזוית של טלית שהיא סוף הארוג ומרחיק ממנה לא יותר על שלש אצבעות למעלה ולא פחות מקשר גודל ומכניס שם ארבעה חוטין וכופלן באמצע נמצאו שמונה חוטים משולשין תלויין מן הקרן ואורך החוטים השמונה אין פחות מארבע אצבעות ואם היו יותר על כן אפילו אמה או שתים כשרין וכל האצבעות בגודל ויהיה אחד משמנה החוטים חוט תכלת והשבעה לבנים:
Commentary on Halachah 6
7
Afterwards, one should take one of the white strands and wind it once around the other strands close to the edge of the garment and let it go. Then one takes the strand that was dyed techelet and winds it twice [around the other strands], next to the coil made by the white strand, and then ties the strands in a knot. These three coils are called a segment.
Afterwards, one should leave a slight space, and then make a second segment using only the strand that was dyed techelet. Again, one should leave a slight space, and then make a third segment [using only the strand that was dyed techelet for this segment as well]. One should continue in this manner until the final segment, which is made of two coils of techelet and a final coil using a white strand.1 Since one began with a white strand, one concludes with it, because one should always ascend to a higher level of holiness, but never descend.2
Why should one begin using a white strand? So that [the coil that is] next to the corner of the garment should be similar to [the garment itself].
The same pattern is followed regarding all four corners.
ז
ולוקח חוט אחד מן הלבן וכורך בו כריכה אחת על שאר החוטין בצד הבגד ומניחו ולוקח חוט התכלת וכורך בו שתי כריכות בצד כריכה של לבן וקושר ואלו השלש כריכות הם הנקראין חוליא ומרחיק מעט ועושה חוליא שניה בחוט של תכלת לבדו ומרחיק מעט ועושה חוליא שלישית וכן עד חוליא אחרונה שהוא כורך בה שתי כריכות של תכלת וכריכה אחרונה של לבן מפני שהתחיל בלבן מסיים בו שמעלין בקודש ולא מורידין ולמה יתחיל בלבן כדי שיהא סמוך לכנף מינה ועל דרך זה הוא עושה בארבע הכנפות:
8
How many segments should be made at every corner? No fewer than seven and no more than thirteen.3
[The above] represents the most preferable way of performing the mitzvah. If, however, one wound only one segment around the strands, it is acceptable.4 Should one wind the techelet around the majority of the [length of the] tzitzit, it is acceptable. For the techelet to be attractive, [however,] all the segments should be in the upper third of the strands, and the [remaining] two thirds should hang loose.5
One must separate the strands like the locks of one's hair.6
ח
כמה חוליות הוא עושה בכל כנף לא פחות משבע ולא יותר משלש עשרה וזו היא מצוה מן המובחר ואם לא כרך עליה אלא חוליא אחת כשרה ואם כרך התכלת על רוב הציצית כשרה ונוי התכלת שיהיו כל החוליות בשליש החוטין המשולשלין ושני שלישיהן ענף וצריך לפרדו עד שיהיה כציצית שיער הראש:
9
A person who makes [tzitzit using only] white threads without using techelet7 should take one of the eight strands and wind it around the others, covering one third of [the length of] the strands and leaving two thirds hanging loose.
When winding [this strand around the others], one may create segments as one does when winding the techelet, if one desires. This is our custom. If, however, one desires to wind [the strand around the others] without creating segments, one may.8
The general principle is that one should intend that one third of the tzitzit be bound, and two thirds hang loose.9 There are those, however, who are not precise about this matter when [making tzitzit] with white threads [alone].
Should one wind a white thread around the majority [of the length] of the strands or should one make only a single segment,10 [the tzitzit] are acceptable.
ט
העושה לבן בלא תכלת לוקח אחד משמונה החוטין וכורך אותו על שאר החוטין עד שלישן ומניח שני שלישיתן ענף וכריכה זו אם רצה לכרוך אותה חוליות חוליות כעין שכורך בתכלת הרשות בידו וזה הוא מנהגנו ואם רצה לכרוך בלא מנין חוליות עושה כללו של דבר יתכוין להיות הכרוך שליש והענף שני שלישים ויש מי שאינו מדקדק בדבר זה בלבן ואם כרך הלבן על רוב החוטין או שלא כרך אלא חוליא אחת כשרה:
10
Both the white strands and those dyed techelet may be made out of entwined strands.11 Even a strand that is made from eight threads entwined into a single strand is considered as only a single strand in this context.
י
אחד חוטי לבן ואחד חוטי תכלת אם רצה לעשות שזורין עושה אפי' היה החוט כפול משמנה חוטין ושזור עד שנעשה פתיל אחד אינו נחשב אלא חוט אחד:
11
Both the white strands of the tzitzit and those dyedtechelet must be spun for the sake of being used for [the mitzvah of] tzitzit.
[Tzitzit] may not be made from wool which becomes attached to thorns when sheep graze among them, nor from hairs which are pulled off the animal, and not from the leftover strands of the woof which the weaver leaves over when he completes a garment. Rather, they must be made from shorn wool or from flax.
[Tzitzit] may not be made from wool which was stolen, which came from an ir hanidachat, or which came from a consecrated animal. If such wool was used, it is unacceptable. If a person bows down to an animal, its wool is not acceptable for use for tzitzit. If, however, one bows down to flax which is planted, it is acceptable, because it has been changed.
יא
חוטי הציצית בין לבן בין תכלת צריכין טויה לשם ציצית ואין עושין אותן לא מן הצמר הנאחז בקוצים כשהצאן רובצין ביניהם ולא מן הנימין הנתלשין מן הבהמה ולא משיורי שתי שהאורג משייר בסוף הבגד אלא מן הגזה של צמר או מן הפשתן ואין עושין אותן מצמר הגזול ולא משל עיר הנדחת ולא משל קדשים ואם עשה פסול המשתחוה לבהמה צמרה פסול לציצית אבל המשתחוה לפשתן הנטוע הרי זה כשר שהרי נשתנה:
Commentary on Halachah 11
12
Tzitzit that were made by a gentile are not acceptable, as [implied by Numbers 15:38, which] states: "Speak to the children of Israel... and you shall make tzitzit for yourselves." If, however, a Jew made tzitzit without the intention [that they be used for the mitzvah], they are acceptable.
Tzitzit that are made from those already existing are not acceptable.
יב
ציצית שעשה אותו כותי פסול שנאמר דבר אל בני ישראל ועשו להם ציצית אבל אם עשה אותה ישראל בלא כוונה כשרה וציצית שנעשה מן העשוי מקודם פסול:
Commentary on Halachah 12
13
What is implied? Should a person bring the corner of a garment which has tzitzit attached to it and sew it onto another garment, it is not acceptable. [This applies] even if that corner of the garment is a square cubit in size.
[This concept is derived from Numbers 15:38, which] states: "And you shall make tzitzit for yourselves" - i.e., [you should make them] and not [use those] which were made previously,since this would be as if [the mitzvah] came about on its own accord.
It is permissible to remove strands [of tzitzit] - whether white or techelet - from one garment and tie them on another.
יג
כיצד הביא כנף שיש בה ציצית ותפרה על הבגד אפילו יש באותה הכנף אמה על אמה פסול שנאמר ועשו להם ציצית לא מן העשוי שהרי זה דומה למי שנעשית מאיליה ומותר להתיר ציצית מבגד זה ולתלותם בבגד אחר בין לבן בין תכלת:
14
Should one suspend the strands between two corners of the garment and tie [tzitzit on] each of the corners in the proper manner, and then separate them from each other,12 it is unacceptable.
[The rationale is] that, at the time they were tied, they were unacceptable, since the two corners were connected with each other through the strands. When the strands were cut, two tzitzit were made. This is considered as making tzitzit from those which already exist.13
יד
תלה החוטין בין שתי כנפים מזו לזו וקשר כנף זו כהלכתה וכנף זו כהלכתה ואח"כ חתכן באמצע ונפרדו זה מזה פסול שהרי בעת שקשרן היו פסולין לפי ששתי הכנפים מעורות זו בזו בחוטין שביניהן ובשעה שפסקן נעשו שתי ציציות נמצא עושה מן העשוי:
15
[The following rules apply when] a person ties tzitzit over existing tzitzit: Should [he tie the second set] with the intention of nullifying the first set, if he unties or cuts off the first set,14 the tzitzit are acceptable.15
Should, however, [he have tied the second set] with the intention of adding [a second tzitzit, the tzitzit] are not acceptable even though he cuts one of them off.16 When he added the second tzitzit, he disqualified both sets17, and when he unties or cuts off the additional one, the remaining one is [disqualified because it involves] making [tzitzit] from those which are already existing, since the manner in which it existed previously was not acceptable.
טו
הטיל ציצית על הציצית אם נתכוון לבטל את הראשונות מתיר הראשונה או חותכה וכשרה ואם נתכוון להוסיף אף על פי שחתך אחת משתיהן הרי זו פסולה שהרי כשהוסיף פסל את הכל וכשהתיר או חתך התוספת נמצא השאר נעשה מן העשוי שעשייתו הראשונה פסולה היתה:
16
Similarly, all the tzitzit of a garment are unacceptable18
[in the following instance]: A person placed tzitzit on a garment that had three corners.19 afterwards, he made the garment a fourth corner and placed tzitzit on it. [This is also excluded by the commandment, Deuteronomy 22:12:]20 "Make braids," [which implies that one may not use those] which were made previously.
טז
וכן המטיל לבעלת שלש ואחר כך השלימה לארבע והטיל לרביעית כולה פסולה שנאמר תעשה ולא מן העשוי:
17
A garment should not be folded in half, and then tzitzit hung on the four corners of the folded garment,21 unless one sews it along [one] side entirely. [It is sufficient, however, to sew it] on one side alone.22
יז
אין כופלין את הטלית לשנים ומטילין ציצית על ד' כנפיה כשהיא כפולה אלא אם כן תפרה כולה ואפילו מרוח אחת:
18
[The following rules apply] if the corner [of the garment] to which the tzitzit were attached is torn off the garment: If more than three fingerbreadths were torn, it may be sewed back in its place.23
If less than three fingerbreadths were torn off, it should not be sewn back.24
If the portion of the garment is between [the hole through which] the tzitzit [are attached] and the end of the garment, it is acceptable, even though only the smallest portion of the fabric remains.25
Similarly, if the [length of the] strands of the tzitzit was reduced,26 it is acceptable, as long as enough of the strand remains to tie a loop. Should, however, even a single strand be torn off [from the place to which it is attached to the garment], it is no longer acceptable.27
יח
נפסק הכנף שיש בה ציצית חוץ לשלש אצבעות תופרה במקומה בתוך שלש לא יתפור נתמעטה זוית של בגד שבין חוטי הציצית ובין סוף הארוג אפילו לא נשאר מן הארוג אלא כל שהוא כשר וכן אם נתמעטו חוטי הציצית אפילו לא נשתייר מהם אלא כדי עניבה כשר ואם נפסק החוט מעיקרו אפילו חוט אחד פסולה:
FOOTNOTES
1.
The pattern of winding the techelet mentioned by the Rambam is based on his interpretation of Menachot 39a. As the Rambam mentions in Halachah 9, it must be followed only when the tzitzit include a strand of techelet. If they do not, as in the case of our tzitzit, different principles apply.
The Ra'avad differs with the Rambam's approach and suggests a different manner of winding the coils of the tzitzit, which resembles the pattern we use today. The Rambam was aware of this approach and, in one of his responsa, explains that the method he mentioned has its source in the Talmud (Menachot, ibid.), while the other approach is of later origin.
2.
Rashi, Menachot, ibid., states that since the white strand was used first, not ending with it would appear to detract from its importance.
The principle, "one should always ascend to a higher level of holiness, but never descend," is applied in many other contexts within Torah law - e.g., Hilchot Tefillin 3:17.
3.
Menachot 39a explains that the techelet reminds one of the heavens. There are seven heavens and six spaces between them, thus resulting in a total of thirteen.
4.
This law also applies at present, as mentioned in the following halachah.
5.
Note the Zohar, Vol. III, p. 228b, which explains the mystical significance of the division of the tzitzit into three portions.
6.
The Shulchan Aruch (Orach Chayim 8:7) obligates one to separate the strands of the tzitzit before putting on one's garment. Note the Mishnah Berurah 8:18, which quotes the Ari zal as stating that the word ציצת is an acronym for the Hebrew words meaning, "A righteous person constantly separates his tzitzit."
7.
As mentioned in Halachot 4-5, the absence of techelet does not prevent one from fulfilling the mitzvah of tzitzit. Indeed, this is the manner in which most people fulfill the mitzvah at present.
8.
Significantly, besides the knot with which the tzitzit are attached to the garment (Halachah 7), the Rambam does not mention tying knots in the tzitzit at all. The Shulchan Aruch (Orach Chayim 11:14) mentions the common practice in which five knots are tied on the strands, leaving four spaces, which are filled with coils in between them. There are certain authorities who combine the two opinions, tying the knots as mentioned in the Shulchan Aruch, but dividing the coils into segments as the Rambam mentions (Shulchan Aruch HaRav 11:27-28,31).
9.
If the tzitzit lack entirely strands which hang loose, they are unacceptable (Kessef Mishneh).
10.
This principle is also accepted by the opinions that do not require that the coils be divided into segments of three. Even so, for tzitzit to be acceptable, they must possess at least three coils (Mishnah Berurah 11:63,66).
11.
The Rambam leaves the use of entwined strands up to a person's choice. The Ra'avad objects, quoting a passage from the Sifre that requires that the strands of the tzitzit be made by entwining different threads together. Numbers 15:38 uses the expression, p'til techelet. The word p'til implies "twisted threads." See the Targum Yonaton to this verse. The Shulchan Aruch (Orach Chayim 11:2) follows the Ra'avad's view and obligates the use of entwined strands. From Chapter 2, Halachah 7, it appears that the Rambam also considered this as the common practice.
11. The Rambam leaves the use of entwined strands up to a person's choice. The Ra'avad objects, quoting a passage from the Sifre that requires that the strands of the tzitzit be made by entwining different threads together. Numbers 15:38 uses the expression, p'til techelet. The word p'til implies "twisted threads." See the Targum Yonaton to this verse.
The Shulchan Aruch (Orach Chayim 11:2) follows the Ra'avad's view and obligates the use of entwined strands. From Chapter 2, Halachah 7, it appears that the Rambam also considered this as the common practice.
12.
The Rambam is speaking about the following instance: The person used long strands and placed one end of them through each of the two holes. Afterwards, using the strands from each corner that was not passed through the hole, he tied both tzitzit, and then separated them from each other.
13.
This law is based on the Rambam's interpretation of Sukkah 11a-b. Others (see Shulchan Aruch, Orach Chayim 11:13) interpret that passage as speaking about the tzitzit of a single corner. If one inserts a single long strand in the hole several times, thus producing eight strands, ties the tzitzit, and then separates the strands from each other, the tzitzit are not acceptable. This is also considered as making tzitzit from those which are already existing.
14.
See Shulchan Aruch HaRav 11:24, which describes the manner in which tzitzit should be removed from a garment.
15.
Since he intended to remove the initial tzitzit, there is nothing wrong with attaching the second one (Menachot 40b).
16.
According to the Rambam, it does not matter which tzitzit he removes. For the tzitzit to be acceptable, both sets have to be removed, and then a single set retied.
17.
By adding the second set, he transgresses the prohibition against adding to the mitzvot of the Torah. Therefore, both sets of tzitzit are disqualified. The Ra'avad and the Ashkenazic authorities do not accept the Rambam's decision. They maintain that while both sets of tzitzit are hanging from the garment, their existence is not considered at all significant. It is as if they do not exist at all. Therefore, by removing the extra set, one is not making tzitzit from ones which previously exist. On the contrary, one is bringing an acceptable set of tzitzit into existence.
The Shulchan Aruch (Orach Chayim 10:6) accepts the Rambam's view. The Ramah, however, follows the other opinions.
18.
The Rambam's statements have raised questions. Though all commentaries agree that the three tzitzit made when the garment had only three corners are unacceptable, the question revolves around the fourth corner. Why is the tzitzit made upon it disqualified? When it was made, the garment already had four corners. On this basis, the Magen Avraham (10:6) rules that, indeed, the fourth tzitzit is not disqualified and may remain.
19.
Tzitzit are required only on a garment with four corners, as stated in the proof-text quoted from Deuteronomy and mentioned in Chapter 3, Halachah 1.
20.
There is a slight difficulty with the Rambam's statements: In this halachah he cites the verse from Deuteronomy as a proof-text, while in Halachah 13 he cited a verse from Numbers.
21.
Although in its present state, the garment has four corners, unless it is sewn it is possible that the folds will open and the position of the corners will change (Menachot 41a). Note the Ramah (Orach Chayim 10:6), who quotes a difference of opinion where the tzitzit should be placed during the time the garment is folded. Because of this difference of opinion, Shulchan Aruch HaRav 10:13 suggests not wearing such a garment unless it is sewn closed.
22.
Our translation follows the explanation of the Beit Yosef (Orach Chayim 10). Note, however, the explanation of the Be'ur Halachah 10.
23.
When the torn portion is three fingerbreadths long, it is considered as the "corner" of the garment. Therefore, the tzitzit are considered to be attached to a significant portion of the garment and need not be untied before the corner can be sewn back on the garment (Nimukei Yosef, Menachot 40b). The commentaries note the apparent contradiction between this law and Halachah 13, which forbids one to sew a piece of a garment to which tzitzit are attached to another garment. The commentaries differentiate between these two laws, explaining that there is a difference between a piece of fabric from another garment (Halachah 13) and a portion of the original garment which was detached (the present halachah). The Turei Zahav 15:3 does not accept this distinction, and maintains that even attaching a piece of the original garment is unacceptable. The later authorities suggest following this stringency.
24.
A portion of a garment less than three fingerbreadths long is not considered significant. Therefore, the tzitzit are no longer considered to be attached to part of the garment. Accordingly, when this fragment is sewn back to the garment, the tzitzit attached to it will be disqualified, based on the principle that one must make tzitzit and not use those existing previously. If, however, one untied the tzitzit, one may sew the detached corner back onto the garment, and then attach new tzitzit to it (Rav David Arameah).
The Kessef Mishneh quotes Rav Amram Gaon as stating that, if such a small portion was detached from the garment, tzitzit may never be attached to the garment again. The Shulchan Aruch (Orach Chayim 15:4) suggests following this more stringent view if possible.
25.
Although initially the tzitzit had to be positioned a certain distance above the end of the garment, as mentioned in Halachah 6, after they were attached to the garment in the proper manner, there is greater leniency (Menachot 42a). The Ramah (Orach Chayim 11:10) suggests sewing a border around the hole through which the strands are placed so that it will not tear.
26.
For example, they became torn. Based on Menachot 38b, the Rabbis have offered two interpretations of "enough to tie a loop":
a) enough to tie a loop around all the strands of the tzitzit;
b) enough to tie a loop around the strand itself.
The grammatical construction of the Rambam's statements indicates - albeit not definitely - that he favors the latter view.
(Note the Be'ur Halachah 12, which states that the measure "to tie a loop" surely does not exceed four centimeters.)
The Rambam maintains that even if the majority of all the strands of the tzitzit were cut off, as long as "enough to tie a loop remains," the tzitzit are acceptable. If, however, both ends of one long strand are cut off entirely, the tzitzit are not acceptable. Rabbenu Tam does not accept this decision and requires that at least two entire strands remain their full length. (See Shulchan Aruch, Orach Chayim 12:1.) The later authorities, particularly in the Ashkenazi community, suggest following Rabbenu Tam's view.
27.
See Turei Zahav 12:3.
Rambam:
• 3 Chapters A Day: Issurei Biah Issurei Biah - Chapter Three, Issurei Biah Issurei Biah - Chapter Four, Issurei Biah Issurei Biah - Chapter Five
English Text | Hebrew Text
Audio: Listen | Download | Video ClassIssurei Biah - Chapter Three
1
When a person has relations with the wife of a minor, he is not liable.1[This applies] even to a yevamah with whom a nine year old [brother] had relations.2 Similar [laws apply when] a person has relations with the wife of a deaf-mute,3the wife of a mentally or emotionally unstable individual,4the wife of a tumtum or an androgynus,5a female deaf-mute or a woman who is mentally or emotionally unstable married to a mentally capable individual,6 or a woman whose consecration is of doubtful status or whose divorce is of doubtful status. In all of the above situations, one is not liable. If they willfully transgress, they are given stripes for rebellious conduct.
א
הבא על אשת קטן אפילו היתה יבמה שבא עליה בן ט' שנים ויום אחד הרי זה פטור וכן הבא על אשת חרש ושוטה ואשת טומטום ואנדרוגינוס ועל החרשת ועל השוטה אשת הפקח ועל אשה שהיא מקודשת בספק או מגורשת בספק כולן פטורין ואם היו מזידין מכין אותן מכת מרדות:
2
[The following rules apply if a man] engages in relations with a female minor, the wife of an adult male. If she was consecrated by her father, [the adulterer] is executed by strangulation.7 She is not liable for anything,8 [but] she is forbidden to her husband,9 as explained in Hilchot Sotah.10
If she has the right to perform mi'un11, he is given stripes for rebellious conduct and she is permitted to [remain married] to her husband, even if he is a priest.12
ב
הבא על הקטנה אשת הגדול אם קידשה אביה הרי זה בחנק והיא פטורה מכלום ונאסרה על בעלה כמו שביארנו בהלכות סוטה ואם היא בת מיאון מכין אותו מכת מרדות והיא מותרת לבעלה ואפילו היה כהן:
3
When the daughter of a priest commits adultery while married, she is executed by burning, as [Leviticus 21:9] states: "When the daughter of a man who is a priest will begin to commit adultery, [she will be burnt by fire]." [This applies] whether she is married to a priest or an Israelite. [Indeed,] even if her husband was a mamzer13 or a nitin14 or another whom it is forbidden to marry because of a negative commandment,15 [she is given this punishment].
The man who engages in adultery with her is executed by strangulation.16 Similarly, the daughter of an Israelite who is married to a priest is [executed] by strangulation [if she commits adultery] as is the law with regard to any other married woman.
ג
בת כהן שזינתה כשהיא אשת איש בין שהיה בעלה כהן בין שהיה ישראל ואפילו היה בעלה ממזר או נתין או שאר מחייבי לאוין הרי זו בשריפה שנאמר ובת כהן כי תחל לזנות ובועלה בחנק וכן בת ישראל אשת כהן בחנק כדין כל אשת איש:
4
When a man has relations with a consecrated maiden, they are both executed by stoning. They are not liable to be stoned to death until the maiden17 is a virgin, consecrated,18 and in her father's home. If she came of age19 or she entered the chupah20 even if the marriage was not consummated, they are executed by strangulation. [The lesser punishment is given] even if the father gave her to the emissaries of the husband21 and she committed adultery on the way.
ד
הבא על נערה מאורשה שניהן בסקילה ואינן חייבין סקילה עד שתהיה נערה בתולה מאורשה והיא בבית אביה היתה בוגרת או שנכנסה לחופה אף על פי שלא נבעלה אפילו מסרה האב לשלוחי הבעל וזנתה בדרך הרי זו בחנק:
5
When a man has relations with a girl who is a minor and is consecrated while she is living in her father's house, he is executed by stoning22 and she is not liable.23 When a consecrated maiden who is the daughter of a priest commits adultery, she is stoned to death.24
ה
והבא על קטנה מאורשה בבית אביה הוא בסקילה והיא פטורה ונערה מאורשה בת כהן שזינתה בסקילה:
6
When ten men enter into relations with her one after the other while she is a virgin in her father's home, the first is executed by stoning and the remainder, by strangulation.25
When does the above apply? When they had vaginal intercourse. If, however, they had anal intercourse, she is still a virgin and they are all executed by stoning.26
ו
באו עליה עשרה והיא בתולה ברשות אביה זה אחר זה הרי הראשון בסקילה וכולן בחנק (במה דברים אמורים שבאו עליה כדרכה אבל אם באו עליה שלא כדרכה עדיין היא בתולה וכולן בסקילה):
7
When a consecrated maiden was a freed slave or a convert, even if she was freed or converted before she reached the age of three,27 [the adulterer] is executed by strangulation,28 as is the law with regard to all married women.
ז
נערה מאורשה שהיתה משוחררת או גיורת אע"פ שנשתחררה ונתגיירה והיא פחותה מבת שלש שנים ויום אחד הרי זו בחנק ככל אשת איש:
8
There is a new law that applies to a person who spreads a malicious report [about his wife].29 What is this new [law]? That if the gossip is discovered to be true and witnesses come [and testify] that she committed adultery when she was a consecrated maiden, even if she committed adultery after she left her father's house and even if she committed adultery after she entered the marriage canopy before she had relations with her husband, she is stoned to death at the entrance to her father's house. Other consecrated maidens concerning whom a malicious report was not spread are executed by strangulation if they committed adultery after they left their father's home, as we explained.30
Thus there are three types of execution for adultery with a married women: strangulation,31 burning to death,32 and stoning to death.33
ח
דין חדש יש במוציא שם רע ומה הוא החדוש שאם נמצא הדבר אמת ובאו עדים שזינתה כשהיתה נערה מאורשה אף על פי שזינתה אחר שיצאה מבית אביה ואפילו שזינתה אחר שנכנסה לחופה קודם בעילת הבעל סוקלין אותה על פתח בית אביה אבל שאר נערות מאורסות שלא היה להן דין הוצאת שם רע שזנו מאחר שיצאו מבית האב הרי הן בחנק כמו שביארנו הא למדת שבאשת איש שלש מיתות יש אשת איש שהיא בחנק ויש אשת איש שהיא בשריפה ויש אשת איש שהיא בסקילה:
9
Where is a consecrated maiden who committed adultery stoned to death? If she committed adultery while in her father's house, even though the witnesses did not testify until she went to her father-in-law's house and married, she is stoned to death at the entrance to her father's house.34 If she committed adultery in her father-in-law's house before her father conveyed her [to her husband], she is stoned to death at the entrance to the gate of the city.35 [This applies] even if [the witnesses] testified concerning her after she returned to her father's house.
ט
והיכן סוקלין נערה מאורשה שזינתה אם זנתה בבית אביה אף על פי שלא העידו עליה העדים אלא אחר שבאה לבית חמיה (וניסת) הרי זו נסקלת על פתח בית אביה זינתה בבית חמיה קודם שימסור אותה האב אע"פ שהעידו עליה אחר שחזרה לבית אביה הרי זו נסקלת על פתח שער העיר ההיא:
10
If witnesses come [and testify] after she comes of age36 or after her husband has relations with her, she is stoned to death in the place for stoning.37[This applies] even if they testify that she committed adultery in her father's home when she was a maiden.38
י
באו עדים אחר שבגרה או אחר שבעלה בעלה אף על פי שהעידו שזינתה בבית אביה כשהיתה נערה הרי זו נסקלת בבית הסקילה:
11
If [a woman] was conceived before her mother converted and born after her mother converted, she is stoned at the entrance to the gate of the city.
[The following rule applies to] every woman who is obligated to be stoned at the entrance to the gate of the city. If the city is predominantly populated by gentiles, we stone her at the entrance to the court.39
[The following rule applies to] every woman who is obligated to be stoned at the entrance to her father's house, if she does not have a father or she has a father, but he does not have a house, she is stoned at the place for stoning. The "entrance to her father's house" was mentioned only as a mitzvah.40
יא
היתה הורתה שלא בקדושה ולידתה בקדושה נסקלת על פתח שער העיר כל מי שמצותה לסקול אותה על פתח שער העיר אם היתה עיר שרובה עכו"ם סוקלין אותה על פתח ב"ד וכל מי שמצותה לסקול אותה על פתח בית אביה אם לא היה לה אב או שהיה לה אב ולא היה לו בית הרי זו נסקלת בבית הסקילה לא נאמר פתח בית אב אלא למצוה:
12
When a person engages in relations many times with one of the arayot, he is liable for kerait or execution by the court for every time he engages in relations.41 Although the court can only execute the person only once, the different times he engages in relations are considered as different transgressions.
Similarly, if a person is liable for several different transgressions for engaging in relations once,42 if he transgressed inadvertently, he must bring a sacrifice for every transgression he performed even though he engaged in relations only once, as will be explained in Hilchot Shegagot43 If he transgressed intentionally, it is considered as if he violated many transgressions. Similarly, there is a situation where a person engages in relations once and incurs liability for lashes many times as will be explained.44
יב
הבא על ערוה מן העריות ביאות הרבה חייב כרת או מיתת בית דין על כל ביאה וביאה אע"פ שאין ב"ד יכולין להמית אלא מיתה אחת הרי הביאות נחשבות לו כעבירות הרבה וכן אם בא ביאה אחת שחייבין עליה משמות הרבה אם היה שוגג מביא קרבן על כל שם ושם אף על פי שהיא ביאה אחת כמו שיתבאר בהלכות שגגות ואם היה מזיד הרי זו נחשבת לו כעבירות הרבה וכן יש בא ביאה אחת ולוקה עליה מלקיות הרבה כמו שיתבאר:
13
The term shifchah charufah employed by the Torah refers to [a woman] who is half a Canaanite maidservant and half a freed woman45 who has been consecrated by a Hebrew servant.46 [Concerning the infidelity of such a woman, Leviticus 19:20] states: "They shall not die, because she was not freed."47 If she was freed entirely, one is liable for execution by the court, for she becomes a married woman in a complete sense, as explained in Hilchot Ishut.48
יג
שפחה חרופה האמורה בתורה היא שחציה שפחה וחציה בת חורין ומקודשת לעבד עברי שנאמר לא יומתו כי לא חופשה הא אם נשתחררה כולה חייבין עליה מיתת ב"ד שהרי נעשית אשת איש גמורה כמו שביארנו בהלכות אישות:
14
[The laws regarding] relations with this maidservant are different than [those regarding] all other forbidden relations in the Torah. For she is lashed, as [ibid.] states: "There shall be an inquiry."49 He is liable to bring a guilt offering, as [ibid.:21] states: "And he shall bring his guilt offering."50Whether he transgresses intentionally or inadvertently with a shifchah charufah, he must bring a guilt offering.
When he enters into relations with her many times, whether intentionally or unintentionally, he is required to bring only one sacrifice.51 She, however, is liable for lashes for every act of relations if she acted intentionally, as is the law with regard to other instances [where relations are forbidden] by merely a negative commandment.
יד
ביאת שפחה זו משונה מכל ביאות אסורות שבתורה שהרי היא לוקה שנאמר בקורת תהיה והוא חייב קרבן אשם שנאמר והביא את אשמו אחד שוגג אחד מזיד בשפחה חרופה מביא אשם והבא עליה ביאות הרבה בין בזדון בין בשגגה מביא אשם אחד אבל היא חייבת מלקות על כל ביאה וביאה אם היתה מזידה כשאר חייבי לאוין:
15
When a person just inserts his corona into the female organ of the shifchah charufah, but does not insert the entire organ, he is not liable. [Liability is incurred only when] he inserts the entire organ.52
He is only liable when she is above majority, had engaged in relations previously and acts intentionally and willfully.53 If, however, she is a minor, she had never engaged in relations, or she transgressed inadvertently, was raped, or was sleeping, he is not liable. Similarly, if he had anal intercourse with her, he is not liable, for with regard to a shifchah charufah an equation was not established between vaginal intercourse and anal intercourse, for [Leviticus 19:20] speaks of: "ly[ing] while emitting seed."54 With regard to other [forbidden] relations, the Torah did not distinguish between one type of relations and the other, for [ibid. 18:22] speaks of "the ways [in which a man] lies with a woman." Implied is that the Torah recognizes two ways of lying with a woman.
טו
המערה בשפחה חרופה ולא גמר ביאתו פטור עד שיגמור ביאתו ואינו חייב אלא על הגדולה הבעולה המזידה וברצונה אבל אם היתה קטנה או שלא היתה בעולה או היתה שוגגת או אנוסה או ישנה פטור [וכן אם בא עליה שלא כדרכה פטור שבשפחה חרופה לא השוה ביאה כדרכה לביאה שלא כדרכה שנאמר שכבת זרע אבל בשאר ביאות לא חלק בין ביאה לביאה שנאמר משכבי אשה מגיד [לך] הכתוב ששני משכבות באשה]:
16
In every instance concerning a maidservant where we said there was no liability, he is not liable for a sacrifice and she is not liable for lashes. He,55 however, is given "stripes for rebellious conduct" according to Rabbinic Law56 if they were both adults who acted intentionally.
טז
כל מקום שאמרנו בשפחה שהוא פטור הוא פטור מן הקרבן והיא פטורה מן המלקות אבל מכין אותו מכת מרדות מדבריהם אם היו שניהן מזידין וגדולים:
17
When a youth nine years old engages in relations with a shifchah charufah, she is given lashes and he is required to bring a sacrifice,57 provided that she is an adult, not a virgin, and acts willfully, as we explained.58For a man is not liable to bring a sacrifice until she is liable for lashes, as [implied by] the verse: "There shall be an inquiry.... And he shall bring his guilt offering."
יז
בן תשע שנים ויום אחד שבא על שפחה חרופה היא לוקה והוא מביא קרבן והוא שתהיה גדולה ובעולה וברצונה כמו שביארנו שאין האיש חייב קרבן עד שתתחייב היא מלקות שנאמר בקורת תהיה והביא את אשמו:
FOOTNOTES
1.
For there is no concept of marriage with regard to a male below the age of majority.
The term liable in this context means "liable for execution" if the transgression was performed willfully or "liable for a sacrifice" if it was performed inadvertently.
2.
A yevamah is a childless widow whom one of the brothers of the deceased is obligated to marry. Now, relations with a yevamah do not require the conscious intent of the brother who seeks to marry her (Hilchot Yibbum 2:3) and relations carried out by a nine year old are of consequence in certain contexts (Chapter 1, Halachah 14). Hence, one might think that by carrying out relations with the yevamah, the nine year old would acquire her as his wife. See also Hilchot Yibbum 5:18.
3.
A deaf-mute is not considered of sufficient mental capacity to be responsible for his actions. Hence, as the Rambam states in Hilchot Ishut 4:9, he cannot consecrate a woman according to Scriptural Law. Although according to Rabbinic Law, his consecration is binding, he is not held liable for execution or a sacrifice for violating a Rabbinic prohibition.
4.
In this instance, the consecration is not binding even according to Rabbinic Law (ibid.).
5.
As mentioned in the notes to Chapter 1, Halachah 15, there is an unresolved doubt with regard to the halachic status of an androgynus and a doubt with regard to the physiological makeup of a tumtum. Hence we cannot be certain whether the adulterer is engaging in relations with a woman whose marriage is halachicly significant.
6.
Since such women are not considered as capable of making responsible decisions, the man's consecration is not effective according to Scriptural Law. And since the consecration is not effective according to Scriptural Law, there are no punishments that result from it. In particular, however, there is a difference between the two situations, for the consecration of a woman who is mentally or emotionally unstable is not effective at all. The consecration of a female deaf-mute, by contrast, is effective according to Rabbinic Law (Hilchot Ishut, loc. cit.).
7.
He is given the punishment due any adulterer, for the consecration is binding according to Scriptural Law (Hilchot Ishut3:11). This is speaking about a situation where the couple later married. Otherwise, the adulterer would be stoned to death. Also, it is speaking about a situation where the child is over three years old. Otherwise, the relations are not significant.
8.
Neither punishment, nor a sacrifice. For she is a minor and is not responsible for her conduct.
9.
As the Rambam states in Hilchot Gerushin 11:14, a woman who engages in adulterous relations becomes forbidden to her husband.
10.
Chapter 2, Halachah 4. The Ra'avad both here and in Hilchot Sotah differs with the Rambam, basing his objections on Yevamot 33b which states "The seduction of a minor is always considered equivalent to rape." Since she is not responsible for her actions, her consent is of no significance. And if a woman is raped, she is permitted to her husband if he is not a priest (Hilchot Ishut 24:19).
The Maggid Mishneh admits that the question raised by the Ra'avad is substantial, but points to a passage in Ketubot 9a which appears to support the Rambam's decision. The Shulchan Aruch (Even HaEzer 178:3) cites both views without stating which to favor. The Beit Shmuel 178:3 states that the Ra'avad's view is accepted by most authorities.
11.
Mi'un refers to a means of terminating a Rabbinically originated marriage arrangement. When a girl's father is not alive, our Sages gave her mother and/or her brothers the opportunity to consecrate her. This consecration is not binding according to Scriptural Law (see Hilchot Ishut 4:8, Hilchot Gerushin 11:1). Hence, an adulterer is not punished for relations with her.
This law also applies to a deaf-mute and anyone else whose consecration is acceptable only according to Rabbinic Law (Rav David Arameah).
12.
A priest is not allowed to remain married to a woman who engaged in forbidden relations, even if she was compelled to do so. Nevertheless, in this instance, she can end her marriage whenever she desires without a formal divorce, it is as if she was never married. Hence, her "adultery" is not of consequence.
13.
A person born from an incestuous or adulterous relationship whom it is forbidden to marry.
14.
See Chapter 12, Halachot 22-23, which explain that this term refers to a person descended from one of the seven Canaanite nations who converted. Such a person is forbidden to marry into the Jewish people.
15.
When the prohibition against marriage is punishable by execution or kerait, the marriage is not considered valid and there is no punishment for adultery. If, however, it is forbidden only by a negative prohibition, the marriage is binding.
16.
For the Torah states the severe punishment only for the woman herself.
17.
The term maiden has a specific halachic definition: a girl who at the age of 12 (or over) manifested signs of physical maturity. She remains in this category for six months (Hilchot Ishut 2:1).
18.
But not married.
19.
I.e., the six months mentioned above passed.
20.
I.e., completed the marriage ceremony.
21.
For from this time, she is no longer under her father's control.
22.
Although the verse speaks about "a consecrated maiden," relations with even a younger girl are given the same punishment.
23.
Since she is a minor, she is not responsible for her actions and is not subjected to any punishment.
24.
I.e., she is given the more severe punishment.
25.
Because after relations with the first, she is no longer a virgin. Hence, they are given the ordinary penalty for adultery.
26.
For with regard to punishment, there is no difference between anal intercourse and vaginal intercourse.
27.
In which instance, even if she had engaged in relations beforehand, her signs of virginity would return.
28.
Ketubot 44a states that this concept is derived from a Scriptural reference. When speaking of this transgression, Deuteronomy 22:21 states: "He committed an abuse in Israel," i.e., involving a native-born Jewess. In his Commentary to the Mishneh (Ketubot 4:3), the Rambam offers a different explanation, one which has raised questions among the commentaries.
29.
See Deuteronomy 22:13-21 and Hilchot Na'arah, ch. 3, where this instance is discussed. A man enters into relations with his newly-wed wife and afterwards, claims she is not a virgin. Moreover, he produces witnesses who testify that the women committed adultery before entering into relations with him. If the testimony of the witnesses is not disproved, the women is executed as the Rambam continues to explain.
30.
Halachah 4. The Ra'avad differs with the Rambam's ruling, explaining that once a woman enters the marriage canopy as a virgin, she is executed by strangulation as are all other married women. The difference of opinion centers on the interpretation of Ketubot 45a. Rashi and Tosafot also differ in their interpretation of that passage.
31.
An ordinary case of adultery.
32.
The daughter of a priest who committed adultery.
33.
A consecrated maiden who committed adultery in her father's house or a maiden about whom a malicious report was spread and it was discovered to be true.
34.
As Ketubot 45a states, this is intended to dishonor her parents, as if to say: "See the offspring which you raised."
35.
As stated in Deuteronomy 22:23. This is a mark of dishonor for the city, a sign that the environment is not moral. The Rambam's ruling is based on his version of Ketubot 45a. Rashi (and the standard published text of that passage) follow a different version.
Or Sameach states that since the transgression did not take place in her father's home, it is not fitting that he be dishonored in this fashion.
36.
I.e., six months after she manifests signs of physical maturity.
37.
As Hilchot Sanhedrin 13:1, 15:1, the place for stoning was a two storey building somewhat removed from the city.
38.
Since she has already come of age, the laws governing her change and she is not stoned at her father's house. If she would commit adultery at this age, she would be executed by strangulation. Hence, when she is punished for the adultery she committed beforehand, her sentence is commuted somewhat and she is not executed at her parents' home (Maggid Mishneh).
The Ra'avad and the Maggid Mishneh himself note that when a man spreads a malicious report about a woman and his statements are proved to be correct, the woman is executed at her father's home. Although she already had relations with her husband, she is executed in the same place as before. This would indicate that her coming of age is also not significant. Rav Akiva Eiger explains that since when a malicious report was proven true, a woman is stoned to death even though she has already married her husband, it obviously is a different type of instance than an ordinary case of a maiden committing adultery.
39.
For the verse mentions stoning her "at the entrance to your gates." If the city is predominantly populated by gentiles, its entrance is not "your gates" (Tosafot, Sanhedrin 45b).
40.
I.e., the optimum manner for the execution to be performed.
41.
With regard to his obligation to bring a sin-offering for inadvertent transgression, see Hilchot Shegagot 5:1 which states that even though a person transgressed several times, as long as he does not become aware of his transgression, he is liable for only one sin offering. If he transgresses inadvertently again after he became aware of his first transgression(s), he must bring another sin-offering.
42.
E.g., he had relations with his brother's wife while she is in the niddah state, in which instance he is liable for relations with a married woman, relations with his brother's wife, and relations with a woman in the niddah state.
43.
Chapter 4, Halachah 2.
44.
Chapter 17, Halachot 9-10.
45.
Such a situation is possible when a Canaanite maidservant was owned by two partners. One released her from bondage and one did not. In this situation, she is obligated to serve her master one day and on the following day, she is free to do as she chooses.
46.
In contrast to other Jewish men, a Hebrew servant is permitted to engage in relations with a Canaanite maid-servant. Hence, the fact that this woman is half a maid-servant will not represent a difficulty for him. And because, she is half a freed woman, he may consecrate her.
47.
And since she was not freed, the Hebrew servant's consecration of her is contingent on her freedom. Until she is freed, they are not fully married.
48.
Chapter 4, Halachah 16.
49.
Keritot 11a interprets this phrase as indicating that she - and not the man - should be given the above punishment.
50.
See Hilchot Shegagot, ch. 9, which describes the particulars of this sacrifice.
51.
Keritot 9a derives this concept through the principles of Biblical exegesis. If, however, he enters into relations with many different maid-servants, he is liable for each act (Ra'avad; Hilchot Shegagot 9:5).
52.
The term literally means "complete relations." Our translation is based on the definition given by the Rambam in Chapter 1, Halachah 10. It must be noted that Tosafot, Yevamot 55b understands Rashi as interpreting the phrase "conclude relations" to mean "to ejaculate." Support for that interpretation is brought from the fact that the prooftext from Leviticus speaks of "lying with her with seed." Somehave also pointed to the Rambam's Commentary to the Mishnah (Keritot 2:5 for support for this interpretation.
53.
For Keritot 11a teaches: Whenever the woman is lashed, he is required to bring a sacrifice. Whenever she is not punished, he is not liable. And she is not punished unless she is an adult who acts willfully.
54.
And that is significant only with regard to vaginal intercourse.
55.
This is the version of the standard printed text of the Mishneh Torah. Many authentic manuscripts and early printings state "they," i.e., both the male and the female.
56.
For they committed an immoral act which requires punishment lest they continue the pattern.
57.
Since he is already nine years old, his sexual acts are of consequence. Hence, since she transgressed willfully, she is liable. And since she is liable, he is liable for a sacrifice. For a sacrifice is not punishment, but atonement. Although he is still a minor, atonement is still required. In Hilchot Shegagot 9:3, the Rambam clarifies: "It appears to me that he does not bring [the sacrifice] until he comes of age."
The Ra'avad differs with the Rambam's ruling, maintaining that a minor is never required to bring such a sacrifice, for this sacrifice is a punishment. And since the male is not liable, the female is also not liable.
58.
In Halachah 15.
Issurei Biah - Chapter Four
1
[A woman in] the niddah1 state is like all of the other arayot. A person who inserts his corona into her vaginal or anal orifice is liable for kerait. [This applies] even if she is a minor who is three years old, as applies with regard to other arayot.
For a woman can become impure as a niddah even on the day she is born.2 And a girl who is ten days becomes impure because of zivah.3 This concept was communicated through the Oral Tradition. There is no difference between an adult and an a minor with regard to the impurity associated with nidah and zivah.
א
הנדה הרי היא כשאר כל העריות המערה בה [בין כדרכה בין שלא כדרכה] חייב כרת ואפילו היתה קטנה בת שלש שנים ויום אחד כשאר עריות שהבת מתטמאה בנדה ואפילו ביום לידתה ובת עשרה ימים מטמאה בזיבה ודבר זה מפי השמועה למדו שאין הפרש בין גדולה לקטנה לטומאת נדות וזבות:
2
[The prohibitions that apply] to one who has relations with a nidah apply throughout the seven days, even if blood was sighted only on the first day. [These same prohibitions] apply to one who has relations with a woman who gave birth to a male throughout the seven days [following birth], to one who has relations with a woman who gave birth to a female throughout the fourteen days [following birth], to one who has relations with a zavah through the time she bleeds and then counts [seven "clean" days].4 This applies also to a Canaanite maidservant and one who has been freed. All [of these relations] are punishable by kerait.
[The association is derived as follows:] With regard to a nidah, [Leviticus 15:19] states: "She will be in her niddah state for seven days." With regard to a zavah, [ibid.:25] states: "All the days of the flow of her impurity will be like the days of her niddah state."5 With regard to a woman who gave birth to a male,6 [ibid. 12:2] states: "She will become impure as in the days of her nidah affliction." 7 And with regard to a woman who gave birth to a female, [ibid. 12:5] states: "She will be impure as in her niddah state for two weeks."8
ב
ואחד הבא על הנדה כל שבעת הימים ואפילו לא ראתה אלא יום ראשון ואחד הבא על יולדת זכר כל שבעה או על יולדת נקבה כל ארבעה עשר או על הזבה כל ימי זובה וספירתה בין שפחה בין משוחררת הכל בכרת שנאמר בנדה שבעת ימים תהיה בנדתה ובזבה נאמר כל ימי זוב טומאתה כימי נדתה תהיה וביולדת זכר הוא אומר כימי נדת דותה תטמא וביולדת נקבה וטמאה שבועים כנדתה:
3
When does the above - that the impurity is dependent on [the passage of] days - apply? When the woman immersed herself in the waters of a mikveh9 after these specifically mentioned days.10 If, however, a niddah, a zavah or a woman who gave birth did not immerse in a mikveh, a person is liable for kerait for having relations with one of them even several years afterwards. For the Torah made the matter dependent on [the passage of] days and immersion, as [Leviticus 15:18] states: "And they shall immerse themselves [in the water]...." This teaches a general principle with regard to any impure person: he is in a state of impurity until he [or she] immerses.
ג
במה דברים אמורים שהטומאה תלויה בימים בשטבלה במי מקוה אחר הימים הספורים אבל נדה וזבה ויולדת שלא טבלו במי מקוה הבא על אחת מהן אפילו אחר כמה שנים חייב כרת שבימים וטבילה תלה הכתוב שנאמר ורחצו במים זה בנין אב לכל טמא שהוא בטומאתו עד שיטבול:
4
The prohibitions against relations with a niddah, a zavah, and a woman after childbirth do not apply with regard to relations with gentile women.11 Our Sages decreed that all gentiles, male and female, would be considered like zavim at all times, whether or not they experienced such discharges,12 with regard to matters of purity and impurity.
ד
העכו"ם אין חייבין עליהם משום נדה ולא משום זבה ולא משום יולדת וחכמים גזרו על כל העכו"ם הזכרים והנקבות שיהו כזבים תמיד בין ראו בין לא ראו לענין טומאה וטהרה:
5
All blood manifest by a woman after childbirth during the 33 days associated with the birth of a male13 and the 66 days associated with the birth of a female14 is called blood of purity.15 It does not prevent a woman from [relations with] her husband. Instead, she immerses herself after seven days [of impurity] for a male and fourteen for a female. She may then engage in relations with her husband16 even though her blood flows.17
ה
כל דם שתראה היולדת בתוך ל"ג של זכר וס"ו של נקבה הוא הנקרא דם טוהר ואין מונע את האשה מבעלה אלא טובלת אחר שבעה לזכר ואחר ארבעה עשר לנקבה ומשמשת מטתה אף ע"פ שהדם שותת ויורד:
6
All of those who must immerse themselves are required to immerse themselves during the day with the exception of a niddah and a woman after childbirth.18 For with regard to a niddah, [Leviticus 15:19] states: "She will be in her niddah state for seven days." Her niddah state prevails for all of the seven days.19 She immerses on the evening of the eighth day. Similarly, a woman who gives birth to a male child immerses on the evening of the eighth day, and one who gives birth to a female immerses on the evening of the fifteenth day, for a woman who gives birth is comparable to one in the niddah state, as we explained.20
ו
כל חייבי טבילות טבילתן ביום חוץ מנדה ויולדת שהרי הוא אומר בנדה שבעת ימים תהיה בנדתה השבעה כולן בנדתה וטובלת בליל שמיני וכן יולדת זכר בליל שמיני ויולדת נקבה בליל חמשה עשר שהיולדת כנדה כמו שביארנו:
7
If she21 delayed the matter for many days and did not immerse herself, when she immerses herself, she should immerse only at night. For if she immerses during the day, an error [may be] made and another niddah may come and immerse herself on the seventh day.
ז
נתאחרה ימים רבים ולא טבלה כשתטבול לא תטבול אלא בלילה שאם תטבול ביום יטעו ותבא נדה אחרת לטבול בשביעי:
8
If a woman was sick or the place for immersion was far away and women could not reach there and return at night because of thieves,22 because of cold, or because they close the gates of the city at night, she may immerse during the day on the eighth - or subsequent - days.23
ח
היתה חולה או שהיה מקום הטבילה רחוק ואין הנשים יכולות להגיע לו ולחזור בלילה מפני הלסטים או מפני הצינה או מפני שנועלין שערי המדינה בלילה הרי זו טובלת ביום השמיני או בימים של אחריו ביום:
9
Whenever a woman has a veset,24 her husband can assume that she is [ritually pure and] permitted until she tells him "I am impure" or she is established as a niddah in her neighborhood.25
If a woman's husband went overseas and left her ritually pure, when he comes he does not have to ask her [concerning her state]. Even if he finds her asleep, he may enter into relations with her26 as long as it is not the time when she is expected to menstruate.27 He need not suspect that perhaps she is a niddah. If he left her a niddah, she is forbidden to him until she tells him: "I am ritually pure."28
ט
כל הנשים שיש להן וסת בחזקת טהרה לבעליהן עד שתאמר לו טמאה אני או עד שתוחזק נדה בשכנותיה הלך בעלה למדינה אחרת והניחה טהורה כשיבוא אינו צריך לשאול לה אפילו מצאה ישנה הרי זה מותר לבוא עליה שלא בעונת וסתה ואינו חושש שמא נדה היא ואם הניחה נדה אסורה לו עד שתאמר לו טהורה אני:
10
When a woman tells her husband: "I am ritually impure," and afterwards she tells him: "I am ritually pure. Before I was just speaking facetiously with you," her word is not accepted.29 If she provides a rationale for her original statements, her word is accepted. 30
What is implied? Her husband asked her to engage in relations and his sister or his mother was together with her in the courtyard. She originally said she was impure. Afterwards, she said: "I am pure. I told you that I am impure only because of your sister or your mother; lest they see us." [In this instance,] her statement is accepted. Similar laws apply in all analogous situations.31
י
האשה שאמרה לבעלה טמאה אני וחזרה ואמרה טהורה אני ודרך שחוק אמרתי לך תחלה אינה נאמנת ואם נתנה אמתלא לדבריה נאמנת כיצד תבעה בעלה ואחותו או אמו עמה בחצר ואמרה טמאה אני ואחר כך חזרה ואמרה טהורה אני ולא אמרתי לך טמאה אלא מפני אחותך ואמך שמא יראו אותנו הרי זו נאמנת וכן כל כיוצא בזה:
11
When a man was in the midst of relations with a woman who had been ritually pure and she said: "I became impure," he should not separate himself immediately while he is erect. For withdrawing is as pleasurable for him as entry. If he withdraws while he is still erect, he is liable for kerait,32 like one who enters into relations with a niddah. This law also applies with regard to other arayot.33
What should he do? Implant his toenails in the ground and wait without moving until he loses his erection.34 Afterwards, he should withdraw.
יא
היה משמש עם הטהורה ואמרה לו נטמאתי לא יפרוש מיד והוא בקישויו שהנאה לו ביציאתו כביאתו ואם פירש והוא בקישויו חייב כרת כמו שבעל נדה והוא הדין בשאר עריות אלא כיצד יעשה נועץ צפרני רגליו בקרקע ושוהה ואינו מזדעזע עד שימות האבר ואחר כך נשמט ממנה:
12
It is forbidden for a person to engage in relations35 with his wife near the time she can expect menstruation to begin,36 lest she menstruate in the midst of relations. [This is alluded to by Leviticus 15:31]: "And you shall warn the children of Israel concerning their impurity."37
For how long [is it necessary to refrain from relations]? If [the woman] would ordinarily begin menstruating during the day, she is forbidden to enter into relations from the beginning of the day. If she would ordinarily begin menstruating during the night, she is forbidden to enter into relations from the beginning of the night.38
יב
ואסור לו לאדם לבא על אשתו סמוך לוסתה שמא תראה דם בשעת תשמיש שנא' והזרתם את בני ישראל מטומאתם וכמה אם היה דרכה לראות ביום אסור לשמש מתחלת היום ואם היה דרכה לראות בלילה אסור לשמש מתחלת הלילה:
13
If the time when menstruation could be expected to come passes and she did not begin menstruating, she is permitted to engage in relations after the time when menstruation was expected to begin passes.
What is implied? If she was accustomed to begin menstruating after six hours of the day passed. She is forbidden to engage in relations from the beginning of the day. If six hours pass without her beginning to menstruate, she is forbidden to engage in relations until the evening. 39 Similarly, if she was accustomed to begin menstruating after six hours of the night and that time passed without her beginning to menstruate, she is forbidden to engage in relations until sunrise.
יג
עבר וסתה ולא ראתה מותרת לשמש אחר שתעבור עונת הוסת כיצד היה דרכה לראות בשש שעות ביום אסורה לשמש מתחלת היום עברו שש שעות ביום ולא ראתה אסורה לשמש עד לערב וכן אם היה דרכה לראות בשש שעות בלילה ועברו ולא ראתה אסורה לשמש עד שתזרח השמש:
14
It is the habit of Jewish men and women to carry out a personal inspection after relations.40 What is implied? The man should clean himself with a cloth prepared for [this purpose] and the woman should clean herself with a cloth prepared for [this purpose]. [The purpose of these inspections is] to see whether the woman menstruated in the midst of relations. The man may allow the woman to check with his cloth. Since her word is accepted with regard to her [cloth], it is also accepted with regard to his.
יד
דרך בני ישראל ובנות ישראל לעולם לבדוק עצמם אחר התשמיש כיצד מקנח האיש עצמו במטלית נכונה לו ומקנחת האשה עצמה במטלית נכונה לה ורואין בהן שמא ראתה דם בשעת תשמיש ויש לאיש להניח אשתו שתבדוק במטלית שלו מתוך שנאמנת על שלה נאמנת על שלו:
15
The cloths used to clean oneself must be from worn-out,41 white42 linen.43 They are called eidim, "witnesses," in this context. The cloth with which the man cleans himself is called his ed and the cloth with which the woman cleans himself is called her ed.
טו
בגדים אלו שמקנחין בהן צריכין שיהיו של פשתן שחקים ולבנים והם הנקראים עדים בענין זה והבגד שמקנח בו הוא נקרא עד שלו והבגד שמקנחת היא בו נקרא עד שלה:
16
Modest women do not engage in relations until they carry out an inspection beforehand.44 A woman who does not have a [fixed] veset is forbidden to engage in relations until she carries out an inspection.45 Therefore, she engages in relation with two edim, one for before relations and one for afterwards. When, however, a woman has a [fixed] veset, she need not use an ed before relations except as a measure of modesty.
After relations, however, everyone needs two witnesses: one for him and one for her, even a pregnant woman, one who is nursing, an elderly woman, or a minor46A virgin47 or a woman whose blood is pure48 does not require edim, because blood is flowing from her.49
טז
הצנועות אין משמשות אלא עד שיבדקו עצמן תחלה קודם תשמיש ואשה שאין לה וסת אסורה לשמש עד שתבדוק לפיכך היא משמשת בשני עדים אחד לפני התשמיש ואחד לאחר התשמיש אבל אשה שיש לה וסת אינה צריכה עד לפני תשמיש אלא משום צניעות בלבד אבל אחר תשמיש הכל צריכין שני עדים אחד לו ואחד לה אפילו מעוברת ומניקה וזקנה וקטנה לא תשמש אלא בשני עדים אחד לו ואחד לה אבל בתולה ויושבת על דם טוהר אינה צריכה עדים שהרי הדם שותת ממנה:
17
When a man engages in intercourse several times [in one night], [he and his wife] do not have to check their two edim after each time they engage in intercourse. Instead, he should clean himself with his ed, she should clean herself with her ed after each time they have relations that entire night. In the morning, they should check the edim. If blood is discovered on her ed or on his ed, she is impure.
If a women engaged in relations, cleaned herself, and then the ed was lost, she should not engage in relations again until she makes an internal inspection with another ed first. [We fear that] perhaps there was blood on the ed that was lost.50
יז
המשמש מטתו פעמים רבות אינן צריכין לבדוק שני העדים שלהן על כל ביאה וביאה אלא מקנח הוא בעד שלו והיא בעד שלה אחר כל ביאה וביאה של כל הלילה ולמחר יבדקו העדים נמצא הדם על עד שלה או על עד שלו הרי זו טמאה שמשה מטתה וקנחה עצמה ואבד העד הרי זו לא תשמש פעם שנייה עד שתבדוק בעד אחר תחלה שמא דם היה על העד שאבד:
18
[The following rules apply if] she placed the ed51 under a pillow or a bolster and blood was discovered upon it. If [the stain] is extended, she is impure. For we can assume that [the stain] came from the cleaning.52 If it is rounded,53 she is pure. [We assume that the stain] came only from the blood of a louse which was killed under the pillow.54
יח
הניחה העד תחת הכר או תחת הכסת ונמצא עליו דם אם משוך טמאה שחזקתו מן הקנוח ואם היה עגול טהורה שאין זה אלא דם מאכולת שנהרגה תחת הכר:
19
[When a woman] cleaned herself with an ed that has been checked, then touched it to her thigh,55 and on the next day discovered blood upon it, she is impure. We do not say: Maybe a louse was killed when she touched it to her thigh.56
[The following rules apply if] she cleaned herself with an ed that was not checked57 and she did not know whether it had blood on it before she cleaned herself with it or not. If there was more than a gris of blood [on it], she is [considered] a niddah.58 If the stain was less than that, she is pure. [We assume that the stain] came from a louse.
יט
קנחה עצמה בעד הבדוק לה וטחתו ביריכה ולמחר נמצא עליו דם הרי זו טמאה ואין אומרים שמא כשטחה אותה ביריכה נהרגה מאכולת קנחה עצמה בעד שאינו בדוק לה ולא ידעה אם היה עליו דם קודם שתקנח בו או לא היה נמצא עליו דם אם היה הדם כגריס ועוד הרי זו נדה היה פחות מיכן טהורה שאינו אלא מן המאכולת:
20
When a woman suffers vaginal bleeding in the midst of relations,59she is permitted to engage in relations again a second time once she becomes pure.60 If she suffers vaginal bleeding [in the midst of relations] a second time, she is permitted to engage in relations a third time. If she suffers vaginal bleeding [in the midst of relations] a third time,61 she is forbidden to ever enter into relations again with this husband.62
When does the above apply? When there was no other factor that [the bleeding] could be attributed to.63 If, however, they entered into relations close to the time when she was expected to menstruate,64 we attribute [the bleeding] to her ordinary pattern. If she had a wound [in her vaginal area], we attribute [the bleeding] to the wound. If, however, the blood that comes from the wound is a different shade than the blood which she sees in the midst of relations, she may not attribute [the bleeding] to the wound.65
We accept the word of a woman when she says: "If have a wound in the uterus which bleeds."66 On this basis, she is permitted to her husband even though the uterus bleeds in the midst of relations.
כ
מי שראתה דם בשעת תשמיש הרי זו מותרת לשמש כשתטהר פעם שניה ראתה דם בפעם שניה משמשת פעם שלישית ראתה דם בשלישית הרי זו אסורה לשמש עם בעל זה לעולם בד"א בשלא היה שם דבר לתלות בו אבל אם שמשה סמוך לוסתה תולה בוסת היתה בה מכה תולה במכה ואם היה דם מכתה משונה מדם שתראה בעת התשמיש אינה תולה במכה ונאמנת אשה לומר מכה יש לי בתוך המקור שממנה הדם יוצא ותהיה מותרת לבעלה ואע"פ שדם יוצא מן המקור בשעת תשמיש:
21
When a woman bled in the midst of relations on three [successive] occasions and there was no outside factor to which to attribute [the bleeding], she is required to divorce. She may, however, marry a second husband.67 If she married a second time and bled in the midst of relations on three [successive] occasions, she is required to divorce, but she may marry a third man. If, however, she married a third time and bled in the midst of relations on three [successive] occasions, she is required to divorce and she may not marry again68 until she is healed from this sickness.
כא
מי שראתה דם בשעת תשמיש פעם ראשונה ושנייה ושלישית ואין שם דבר לתלות בו הרי זו תתגרש ומותרת להנשא לשני נשאת לשני וראתה דם כך בשעת תשמיש שלש פעמים הרי זו תתגרש ותנשא לשלישי נשאת לשלישי וראתה דם כך בשעת תשמיש שלש פעמים הרי זו תתגרש ואסורה להנשא עד שתבריא מחולי זה:
22
How does a woman check herself to see whether she has been healed from this sickness?69 She brings a lead tube with its edge doubled over inside of it.70 She inserts the tube into her vagina until the place it can reach. She then places a shaft within the tube with a cotton swab placed at its top. She pushes [the shaft] until the swab reaches the opening of the uterus and then takes out the swab. If blood is found on the top of swab, it can be assumed that the blood discovered in the midst of relations comes from the uterus.71 If there was no blood on the swab, it can be assumed that the blood discovered [in the midst of relations] comes from pressure on the sides of the vaginal channel.72 She is pure and may marry another man, as stated in Hilchot Ishut.73
כב
כיצד בודקת עצמה לידע אם נרפאת או לא נרפאת מביאה שפופרת של אבר ופיה רצוף לתוכה ומכנסת השפופרת עד מקום שהיא יכולה ומכנסת בתוך השפופרת מכחול ומוך מונח על ראשו ודופקת אותו עד שיגיע המוך לצואר הרחם ומוציאה המוך אם נמצא דם על ראש המוך בידוע שהדם שהיא רואה בשעת תשמיש מן המקור ואם לא נמצא על המוך כלום בידוע שהדם שרואה מדוחק הצדדין וטהורה היא ומותרת להנשא לאחרים כמו שביארנו בהלכות אישות:
FOOTNOTES
1.
As will be explained, the term niddah refers to a woman who suffers vaginal bleeding at the expected time of her monthly period.
2.
Although a woman usually does not begin menstrual bleeding until around the age of twelve. If, however, she does have menstrual bleeding before then, she is bound by the halachic consequences.
3.
For if a woman bleeds for three consecutive days after the seven days associated with her menstrual period, she is considered as a zavah. The first three days this is possible is the eighth, ninth, and tenth days of her life.
Altough she can become impure from the day of her birth onward, punishment is not allotted for relations with her until she becomes three. For only at that age are relations with her significant, as stated in Chapter 1, Halachah 13.
4.
See Chapter 6, Halachah 8.
5.
Thus establishing an association between the two.
6.
See Chapter 10.
7.
See Chapter 6, Halachah 8.
8.
See Chapter 6, Halachah 8.
9.
A ritual bath that meets the qualifications for this purpose. If she immersed herself in an ordinary bath, by contrast, that is not acceptable as explained in Hilchot Mikveot.
10.
If a niddah immerses herself in the middle of these days, however, the immersion is of no consequence.
11.
Although relations with gentile women are forbidden, none of these particular transgressions apply according to Scriptural Law. For all the defined states of ritual purity and impurity apply only with regard to the Jewish people. The fact that a gentile woman experiences the same physical conditions is not of consequence.
12.
I.e., this was a decree imposed to prevent intimate contact with them, regardless of their physical condition. See Hilchot Mitam'ei Mishkav UMoshav 2:10.
13.
As the Torah relates (Leviticus 12:2-4), after the birth of a male child a woman becomes impure for seven days. Afterwards, she immerses herself to regain ritual purity. For the next 33 days, even if she suffers uterine bleeding, her state does not change and she remains ritually pure.
14.
As ibid.:5 states, similar concepts apply after a woman gives birth to a female except that she originally becomes impure for 14 days. Afterwards, she remains pure for 66 days.
15.
Niddah 36a relates that there is one source of bleeding - the womb - for all 40 (or 80) days. It is just that during the first 7 (14), the Torah rules that this blood is impure and during the final 33 (66), the Torah rules that the blood is pure.
16.
The Kessef Mishneh cites Chapter 7, Halachah 7, which states that the above applies only when a woman is not impure because of zavah bleeding before childbirth. If she is impure for such reasons, she must count seven "clean" days before she immerses herself and engages in relations with her husband.
Also, as will be explained (see Chapter 11, Halachot 5-6), at present the custom is not to observe the concept of blood of purity at all. Even if a woman gives birth, she must wait "seven clean days" after seeing any uterine bleeding.
17.
I.e., she suffers uterine bleeding which would otherwise render her ritually impure.
18.
At present when we do not make any distinctions between niddah and zivah, all women immerse themselves at night.
19.
She cannot terminate the last day earlier by immersing herself in the daytime.
20.
In Halachah 2.
21.
A niddah or a woman after childbirth.
22.
Although such problems are uncommon today, there are several examples - e.g., woman living in new settlements in Israel's West Bank - where these principles are relevant.
23.
She should not, however, immerse herself on the seventh day even if she refrains from engaging in relations until nightfall [Shulchan Aruch (Yoreh De'ah 197:4)].
24.
A fixed time when the onset of menstruation can be expected to begin, as will be explained. Since she has a fixed time when menstruation is expected, at other times, we assume that she remains ritually pure. If she does not have a fixed time when menstruation can be expected to begin, her husband must ask her concerning her state. He cannot make any assumptions (Maggid Mishneh, Kessef Mishneh).
25.
By wearing clothes designated to be worn at this time.
26.
Without inquiring about her ritual state.
27.
Even if there was ample time for her to have become impure due to menstruation, to wait the appointed time, and then to immerse herself, he may assume that she did that. Since she was pure when he left her, we may assume that all of the above transpired [Shulchan Aruch (Yoreh De'ah 184:11)].
28.
Since he knows that she was ritually impure, he cannot assume that she changed her status. Instead, she must explicitly inform him of that change [Shulchan Aruch (Yoreh De'ah 185:1)].
29.
And he must consider her as if she is actually ritually impure.
The Rama (Yoreh De'ah 185:3) states that if she corrects her statements immediately, her word is accepted.
30.
The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 185:4) state that if she performed an act that indicated that she was impure, e.g., she wore the clothes that she wears in the niddah state, providing a valid explanation is not sufficient to clear the suspicions and she is considered impure.
31.
E.g., "I originally made a mistake. I thought I was impure according to law and discovered that in fact I was pure," "I did not have strength to engage in relations and avoided them by giving this excuse" (Hagahot Maimoniot).
32.
The Ramah (Yoreh De'ah 185:5) states that if a person withdraws while erect because he is unfamiliar with the transgression involved, he should fast for 40 days to seek atonement. These fasts need not be consecutive. He should also give generously to charity.
33.
I.e., if a person realized his transgression while involved in relations with other arayot, he should not withdraw while erect.
34.
The Rama (loc. cit.) adds that he should be overcome with awe concerning the transgression which he faces.
35.
The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 184:2) state that it is only necessary to refrain from relations, other expressions of closeness are permitted. Even hugging and kissing are permitted (Siftei Cohen 184:6). This, however, represents the mere letter of the law. There are many authorities who are more stringent and forbid these expressions of closeness (ibid., Turei Zahav 184:3). In some communities, the custom is to observe all stringencies as if the woman was actually a niddah.
36.
See ch. 8, which elaborates on this subject, speaking about situation when women have a fixed veset or a veset that has not been firmly established.
37.
The entire concept of vesetot, calculating the expected time when a woman will begin menstruating is a Rabbinic injunction. Hence the citation of a Scriptural verse is merely an asmachta, a support, and not a direct Scriptural command (Maggid Mishneh).
38.
The Siftei Cohen 184:7 states that this applies only when a woman is accustomed to begin menstruating at a given time during the day or night. If, however, she does not have a fixed time when she begins menstruating, relations are also forbidden during the preceding day or night. This stringency is not, however, accepted by all authorities.
39.
During the evening, however, she is permitted. Before entering into relations, the woman should carry out an internal examination to verify that she in fact did not begin menstruation [Tur, Rama (Yoreh De'ah 184:9)].
40.
This ruling is mentioned by the Shulchan Aruch (Yoreh De'ah 186:1) as a minority perspective. The prevailing view is that when a woman possesses a fixed veset, she and her husband need not carry out such inspections at all. If she does not possess a fixed veset, she and her husband should carry out these inspections before and after the first three times they engage in relations. If no blood is discovered, it is established that sexual relations does not cause the woman to menstruate. Hence, in the future, the couple can engage in relations without making these inspections.
41.
Since they are worn-out, they are soft and pliable. It is possible for the woman to insert them into all the corners of the vagina.
42.
In this way, any speck of blood will be noticeable. Needless to say, they must also be clean. Today, in many Jewish communities, special clothes are prepared for this purpose - and other inspections which a woman must undergo - and are available from the local mikveh and at times, even in pharmacies.
43.
Cotton may also be used [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 196:6)].
44.
As the Rambam continues to explain, this applies even if she has a fixed veset.
45.
The Ra'avad and Rav Moshe Cohen object to the Rambam's ruling, explaining that the Rambam's source, Niddah 11b, applies only with regard to the laws of ritual purity and not with regard to relations with one's husband. Indeed, the Rambam himself appears to have equivocated back and forth concerning the issue. In the first draft (which is the standard printed text) of his Commentary to the Mishnah (Niddah 1:7), he follows the position advanced by the Ra'avad. It is only in the Mishneh Torah and the final text of the Commentary to the Mishneh (see Rav Kappach's translation) that he changes his mind.
Although the Shulchan Aruch (Yoreh De'ah 186:2) quotes the Rambam's ruling here as a minority view, the prevailing opinion is that such an inspection is unnecessary. Moreover, a woman should not carry out such an inspection in the presence of her husband, lest he think that she became impure.
46.
All these four types of women are unlikely to menstruate. Nevertheless, they must take the precaution suggested by the Rambam.
47.
Who will suffer hymeneal bleeding after the first (or more) occasions of intercourse. See Chapter 5, Halachah 19.
48.
I.e., a woman after childbirth, as described in Halachah 5.
49.
Thus checking to see whether or not she is bleeding will serve no purpose. This bleeding does not, however, render her ritually impure or forbidden to her husband according to Scriptural Law.
50.
If, however, the ed is clean, we assume that the ed she used at night had also been clean.
51.
This is speaking about an ed that was known to be clean beforehand (Maggid Mishneh).
52.
Since the stain is extended, we assume that the woman had touched a source of bleeding. As she moved the ed, the stain became extended.
53.
The Shulchan Aruch (Yoreh De'ah 190:34) states that this applies only when the stain is smaller than a gris (see Chapter 9, Halachah 6). If it is larger than that measure, we do not assume that it comes from a louse, because it is unlikely that a louse will produce that much blood.
54.
This applies even if there is no trace of the body of the louse. We assume that when she put the ed under the pillow, she killed the louse and that produced a rounded stain. If she placed the ed in a box or in any place where a louse is unlikely to be found, she is considered as impure even if the stain is round (Maggid Mishneh).
55.
And afterwards, placed it in a safe place.
56.
For the likelihood of her suffering vaginal bleeding is greater than that of her killing a louse when touching the eid to her thigh. The Maggid Mishneh interprets the Rambam's ruling as applying even if the stain is round. He notes that other authorities differ and apply the principles stated in the previous law. The Shulchan Aruch (Yoreh De'ah 190:35) quotes both opinions without stating which to follow.
57.
This refers to an ed which we do not know whether it was dirty or not. If, however, we know that the ed was dirty, she is not considered impure even if a large stain is found [Rama (Yoreh De'ah 190:36)].
58.
When a stain is larger than a gris, we assume that it will not have come from a louse.
59.
The Shulchan Aruch (Yoreh De'ah 187:1) emphasizes that these laws apply only when the bleeding is noticed directly after intercourse. If there is an interval before she discovers the bleeding, these laws do not apply.
60.
For an occurrence that takes place once or twice is not usually considered to establish a recurrent pattern.
61.
I.e., on three consecutive occasions without there being an occasion where relations did not lead to vaginal bleeding in the interim (Siftei Cohen 187:3).
62.
Instead, she must be divorced. She may, however, remarry as stated in the following halachah.
The reason she is required to divorce is that the recurrence of a factor three times establishes a chazzakah, a presumption that this factor will continue to recur in the future. Thus if she began bleeding on three successive occasions in the midst of relations with her husband, we assume that she will continue to do so in the future. Since she suffered vaginal bleeding in the midst of intercourse, those relations are considered as involving a severe transgression. On the first three occasions, she and her husband are not held responsible for this is obviously a deviation from the norm. If, however, a pattern is established, this is considered the norm and if she would bleed in the midst of relations in the future, the transgression would be considered as willful. To prevent that from happening, we require divorce.
It must be emphasized that all this applies after the woman has ceased hymeneal bleeding. It is, however, possible for her to engage in relations several times at the beginning of her marriage and continue hymeneal bleeding. See the conclusion of Chapter 5.
63.
And thus, it is assumed that the relations are the cause of the vaginal bleeding.
64.
Note the Siftei Cohen 187:16 who offers several resolutions how this is possible despite the prohibition mentioned in Halachah 12.
65.
Unless we know that the shades of blood are different, we assume that they are the same and attribute the bleeding to the wound (Maggid Mishneh; Siftei Cohen 187:19).
66.
Note the Rama (Yoreh De'ah 187:5) who emphasizes the importance of adding the words "which bleeds."
67.
For we accept the possibility that the difficulty was particular to her first husband and would not affect her relations with other men.
68.
Since the same condition recurred with three different men, a chazzakah is established and we assume that it will recur with all men.
69.
She may check herself in this manner at any time in the process, even before being divorced by her first husband [Maggid Mishneh; see Shulchan Aruch (Yoreh De'ah 187:3)].
70.
So that it will be smooth and will not scratch her.
71.
For the swab was touched to the uterus without contact with any other part of the body.
72.
And such bleeding does not render her impure.
Without minimizing the effectiveness of this method of checking devised by the Rabbis of the Talmud, today there are more effective medical tools available and it is possible to ascertain the source of a woman's bleeding in that manner. A careful inspection by a doctor or nurse under the guidance of a Rav may - and should - be employed as soon as such problems occur.
73.
Hilchot Ishut 25:8. The Rambam is implying that she cannot remarry her third husband. In Hilchot Ishut, he explains that when a man divorces a woman for this reason, the husband must know he may never remarry her, for otherwise it would be as if he gave the divorce conditionally. If she becomes healed, it would not be effective.
Issurei Biah - Chapter Five
1
A woman becomes impure due to factors beyond her control, whether for niddah or for zivah.1
What is implied? For example, she jumped from place to place;2 she saw animals, beasts, or fowl copulating, was aroused, and began bleeding.3 In these and in other analogous instances, regardless of the situation, since she experienced bleeding, she becomes impure.
She becomes impure from even the smallest amount of bleeding. Even a drop of blood the size of a mustard seed [makes her impure as if] much blood had drained from her.
א
האשה מתטמאת באונס בין לנדה בין לזיבות כיצד כגון שקפצה ממקום למקום או ראתה בהמה או חיה או עוף מתעסקין זה עם זה וחמדה וראתה דם וכן כל כיוצא בזה הואיל וראתה דם מכל מקום נטמאת ומטמאה בכל שהוא אפילו ראתה דם טיפה כחרדל הרי זו כמי שזב ממנה דמים הרבה:
2
All women become impure [when blood is discovered in] the outer chamber [of the vagina]. Even though the blood did not emerge outside [her body], but instead, was discharged from the womb without flowing further, since it emerged from the upper portion of the vaginal channel,4 she is impure, even though the blood is still within her flesh. [This is alluded to by Leviticus 15:19:] "A discharge of blood within her flesh."
Until where does the upper portion of the vaginal channel extend? Until the place that the male organ reaches when inserted entirely during relations. The upper portion of the vaginal channel itself is like the uterus.5
ב
כל הנשים מתטמאות בבית החיצון ואף על פי שלא יצא הדם לחוץ אלא נעקר מן הרחם ולא שתת הואיל ויצא מבין השינים ה"ז טמאה ואע"פ שעדיין הדם בבשרה שנאמר דם יהיה זובה בבשרה ועד היכן הוא בין השינים עד מקום שיגיע אליו האבר בשעת גמר ביאה ובין השינים עצמו כלפנים:
3
Our Sages6 spoke in metaphoric terms with regard to a woman. The uterus where a fetus is formed is called "the source." It is the place where the blood that renders a woman a niddah or a zavah emanates from. It is called "the room," for it is found deep within her body. The entire uterine channel,7 i.e., the lengthy place whose entrance contracts severely at the time of pregnancy so that the fetus will not fall, but opens very wide at birth is called "the antechamber," i.e., it is like a gateway to the uterus.
ג
משל משלו חכמים באשה הרחם שנוצר בו הולד הוא הנקרא מקור והוא שדם נדה וזבה יוצא ממנו וקוראין אותו חדר לפי שהוא לפני ולפנים וצואר הרחם כולו והוא המקום הארוך שמתקבץ ראשו בשעת העיבור כדי שלא יפול הולד ונפתח הרבה בשעת לידה קוראין אותו פרוזדור כלומר שהוא בית שער לרחם:
4
When the male organ is inserted entirely during relations, it enters the "antechamber" but does not reach its end. Instead, it is slightly removed according to the size of the organs. Above the "room" and the "antechamber" - but located between the "room" and the "antechamber" - is the place where the woman's two ovaries and the ducts in which her ova become mature are located. This place is called "the loft." There is an opening from the "loft" to the top of the "antechamber." This opening is called the "passageway." When the male organ is inserted entirely during relations it goes beyond the "passageway."8
ד
ובשעת גמר ביאה האבר נכנס בפרוזדור ואינו מגיע עד ראשו שמבפנים אלא רחוק ממנו מעט לפי האצבעות ולמעלה מן החדר ומן הפרוזדור בין חדר לפרוזדור הוא המקום שיש בו שתי ביצים של אשה והשבילים שבהן מתבשלת שכבת זרע שלה מקום זה הוא הנקרא עליה וכמו נקב פתוח מן העליה לגג הפרוזדור ונקב זה קוראין אותו לול והאבר נכנס לפנים מן הלול בשעת גמר ביאה:
5
Blood which comes from the "room" is always impure with the exception of "the blood of purity"9 which the Torah deemed pure and bleeding which occurs before birth, as will be explained.10 Blood from the "loft" is entirely pure. It is like the blood from a wound in the intestines, the liver, or a kidney and the like.
[The following laws apply when blood] is discovered in the "antechamber." If it is discovered between the "passageway" [and the uterus], she is impure, for the assumption is that it came from "the room." She is liable for entering the Temple11 and we burn terumah and sacrificial foods because of this.12 We do not say that perhaps it descended from the "loft" through the opening, for most of the blood found in such a place is from the "room."
When blood is found in the "antechamber" between the opening [and the entrance to the vagina], she is impure, because of a doubt. Perhaps [the blood] came from the "room" or [perhaps it] flowed from the loft through the passageway. Therefore we do not burn terumah and sacrificial foods because of this, nor is she liable for entering the Temple.13
ה
דם הבא מן החדר כולו טמא חוץ מדם טוהר שהתורה טיהרתו ודם קושי כמו שיתבאר ודם העליה כולו טהור שהוא כמו דם מכה שבמעים או בכבד או בכוליא וכיוצא בהן ודם הנמצא בפרוזדור אם נמצא מן הלול ולפנים הרי זה טמא שחזקתו מן החדר וחייבין עליו על ביאת מקדש ושורפין עליו תרומה וקדשים ואין אומרים שמא מן העליה ירד דרך הנקב שרוב הדמים הנמצאין כאן מן החדר נמצא הדם בפרוזדור חוץ לנקב הרי טומאתו בספק שמא מן החדר בא או מן העליה שתת דרך הלול לפיכך אין שורפין עליו תרומה וקדשים ואין חייבין עליו על ביאת המקדש:
6
Not every liquid that comes from the "room" renders a woman impure, only blood, as [ibid.] states: "A discharge of blood." Therefore if a white or a green14 liquid flows from the uterus, even if it is viscous like blood, she is pure since it does not appear as blood.
ו
לא כל משקה הבא מן החדר מטמא אלא הדם בלבד שנאמר דם יהיה זובה לפיכך אם שתת מן הרחם לובן או משקה ירוק אף על פי שסמיכתו כדם הואיל ואין מראיו מראה דם ה"ז טהור:
7
There are five [colors of] blood that [render] a woman impure. They are: red, black, bright saffron, muddy water, and diluted wine.15 All other colors are pure.
ז
וחמשה דמים טמאים באשה והשאר טהורין ואלו הן:
האדום והשחור וכקרן כרכום וכמימי אדמה וכיין המזוג:
8
What is meant by red? The color of blood that comes from the blood which flows initially when people let blood. This blood is placed in a cup, the stain is placed next to it, and [the two] are compared. The black is like dried ink.16
What is meant by bright saffron? Fresh saffron should be brought together with the clod of earth from which it is growing. From the better stalks, one should take the middle stalk that is entirely a stem. In each one, there are three stalks and each stalk has three leaves. One should bring the stain next to the middle leaf on the middle stalk and compare it.
What is meant by "like muddy water"? We take earth from the valley of Sichnei or the like which is red and pour water over it until the water level is the thickness of a garlic peel above the earth. There is no required amount of water or earth that must be brought. One should stir them in the container and compare [the color to that of the stain] at that time while [the water] is murky. If [the water] becomes clear, one should stir it again and make it murky.
ח
האדום כיצד הוא עינו כעמוד שיצא ראשון מדם הקזה של בני אדם נותן הדם בכוס ומקיף לו ורואהו והשחור כעין הדיו היבש כקרן כרכום כיצד יביא כרכום לח בגוש אדמה שעליו ולוקח מן הברור שבו הקנה האמצעי שלו שכולו כמו קנה הוא ובכל אחד ואחד שלשה קנים ובכל קנה שלשה עלים ומקיף הדם לעלה האמצעי שבקנה האמצעי ורואה בו כמימי אדמה כיצד יביא אדמה מבקעת סיכני וכיוצא בה שהיא אדומה ונותן עליה מים בכלי עד שיעלה המים על העפר כקליפת השום ואין שיעור למים ולא לעפר ומעכרן בכלי ומשער בהן לשעתו ובמקומו כשהן עכורין ואם צללו חוזר ומעכרן:
9
If the color of the stain matched the color of any of these four shades or was deeper than them, [the woman] is impure. If it is lighter than they are, she is pure.
What is implied? If a black stain was darker than dried ink, [the woman] is impure. If it was lighter than it, i.e., it was like a black olive, tar, or a raven, she is pure. Similar principles apply with regard to the other three colors.
ט
ארבעה מראות הללו אם היה מראה הדם כמראה כל אחד מהן או עמוק מהן הרי זה טמא היה דיהה ממנו ה"ז טהור כיצד היה הדם שחור יתר מכדיו היבש טמאה היה פחות ממנו כגון שהיה מראהו כעין הזית השחור או כעין הזפת או כעין העורב ה"ז טהור וכן בשאר השלשה מראות:
10
What is meant by like diluted wine? Like one portion of fresh, undiluted wine like the wine of the Sharon in Eretz Yisrael17 mixed with two portions of water. If the appearance of the stain was darker or lighter than this, [the woman] is pure. [The stain must be] the exact color of this mixture.
A woman's word is accepted if she says: "I had a stain of this-and-this color and I lost it." The wise man rules whether she is pure or impure [based on her statement].18
י
כיין המזוג כיצד חלק אחד יין מן היין השרוני של ארץ ישראל חי וחדש ושני חלקים מים היה מראה הדם עמוק ממנו או דיהה ממנו הרי זה טהור עד שיהיה כמזג זה בלבד ונאמנת אשה לומר כמראה זה ראיתי ואבדתיו והחכם מטמא לה או מטהר:
11
How does a person bring the two close and compare? He takes the portion of the cloth that has the stain in his hand and looks at it and at the ink, the saffron leaf, the blood that was let [contained] in a cup, the muddy water, or the diluted wine [contained] in a cup. He compares them according to his perception and rules whether she is impure or pure.
He should not look at the cup from the outside. Instead, he should look at the liquid in the cup. The cup should be wide, weigh a maneh, and contain two luggin,19 so that light will enter it and it will not be shadowy.
יא
כיצד מקיף ורואה לוקח המטלית שיש בה הדם בידו ומביט בו ובדיו או בעלה של כרכום או בדם הקזה שבכוס או במימי אדמה או במזג שבכוס ועורך לה כפי מה שעיניו רואות ומטמא או מטהר ואינו מביט בזכוכית של כוס מבחוץ אלא במשקה שבכוס ויהיה הכוס רחב משקלו מנה ומחזיק שני לוגין כדי שתכנס בו האורה ולא יהיה אפל:
12
A stain should be checked only on a white cloth and in sunlight. One makes a shadow with his hand over the stain while standing in the sun so that he will be able to see it as it is.20
It is not necessary for every person checking a stain to do all the above whenever he checks [a stain]. Instead, a sage develops a sensitive eye [to the colors of stains]. When he sees it, he will immediately rule whether it is impure or pure. If he has doubts regarding the appearance of a particular stain, he should bring it close and compare it to ink, to blood that has been let, or to the other [impure] colors.
יב
אין בודקין הדם אלא על גבי מטלית לבנה ובחמה ועשוה צל בידו על הדם והוא עומד בחמה כדי שיראה עינו כמות שהיא ולא כל הרואה צריך לכל אלו הדברים בכל עת שיראה אלא טביעות עין יש לחכם בדמים ובעת שיראה מיד יטמא או יטהר ואם נסתפק לו במראה מן המראות צריך להקיף ולערוך לדיו או לדם הקזה או לשאר המראות:
13
[The following rules apply when] a woman discharges a piece [of flesh from the vagina]. Even if it is red, she is impure [only] when it is accompanied by blood. If not, she is pure.21 Even if [when the piece of flesh] is cut open, it is filled with blood, she is ritually pure. For this is not the blood of niddah, but rather blood from the piece [of flesh].
יג
המפלת חתיכה אע"פ שהיא אדומה אם יש עמה דם טמאה ואם לאו טהורה ואפילו נקרעה החתיכה ונמצאת מליאה דם הרי זו טהורה שאין זה דם נדה אלא דם חתיכה:
14
When the woman discharges a piece [of flesh] which is torn and there is blood collected within it, she is impure.22
[The following rules apply when a woman] discharges something like a shell, something like a hair, something like earth, or something like mosquitoes. If these entities have a red appearance, they should be placed in lukewarm water. If they dissolve, she is impure. For it was blood that congealed. And whenever [a woman] discovers dried blood, she is impure.23
If the entities remained in lukewarm water for more than a day and then dissolved, there is a doubt whether the woman is impure. If they did not dissolve after an entire day, they are from a wound and she is pure.
יד
הפילה חתיכה קרועה ודם אגור בתוכה טמאה הפילה כמין קליפה כמין שערה כמין עפר כמו יבחושין אם היה מראה דברים אלו אדום תטיל למים פושרין אם נמוחו ה"ז טמאה שדם הוא וקפה וכל הרואה דם יבש טמאה ואם שהו בפושרין מעת לעת ואח"כ נמוחו הרי זו ספק טמאה לא נמוחו מעת לעת הרי אלו ממכה וטהורה היא:
15
[The following rules apply if a woman] discharges something resembling a locust, a fish, a teeming animal, or a crawling animal. If it is accompanied by blood, it is impure. If not, it is pure.24
טו
הפילה כמין חגבים כמין דגים שקצים ורמשים אם יש עמהן דם טמאה ואם לאו טהורה:
16
When a woman places a tube in her "antechamber" and expels blood through the tube,25 she is pure. For [Leviticus 15:19] speaks of "A discharge of blood within her flesh." [Implied is that] the discharge must be within her flesh as is the ordinary way in which women menstruate. For it is not ordinary for a woman to discharge blood through a tube.26
טז
האשה שהכניסה שפופרת בפרוזדור וראתה הדם בתוך השפופרת טהורה שנאמר דם יהיה זובה בבשרה עד שתראה בבשרה כדרך שהנשים רואות ואין דרך האשה לראות בשפופרת:
17
When a woman urinated and excreted blood together with the urine, she is pure.27 [This applies] whether she was standing or sitting while urinating. Even if she has physical sensations and her body shudders,28 she need not suspect [that the blood originated in the uterus]. Instead, the sensation is associated with her urination [and] urine does not originate in the uterus. Instead, this blood [stems from] a wound in the colon or in the kidney.
יז
האשה שהשתינה מים ויצא דם עם מי רגלים בין שהשתינה והיא עומדת בין שהשתינה והיא יושבת הרי זו טהורה ואפילו הרגיש גופה ונזדעזעה אינה חוששת שהרגשת מי רגלים היא זו שאין מי רגלים מן החדר ודם זה דם מכה הוא בחלחולת או בכוליא:
18
Hymeneal bleeding is pure. It is neither the blood of niddah or the blood of zivah, for it is not from the uterus. Instead, it is blood from a wound.
What are the laws applying to virgins [who suffer] hymeneal bleeding?29 If she married when she was a minor, whether she never menstruated or whether she menstruated while in her father's home,30 she is permitted to her husband until the wound heals. For any bleeding that she discovers stems from the wound. If she discovers other blood after the wound heals, she is considered as a niddah.
יח
דם בתולים טהור הוא ואינו לא דם נדה ולא דם זיבה שאינו מן המקור אלא כמו דם חבורה וכיצד דין הבתולה בדמים אם נשאת קטנה בין לא ראתה דם מימיה בין שראתה דם בבית אביה הרי זו מותרת לבעלה עד שתחיה המכה שכל דם שתראה מחמת המכה היא ואם ראתה דם אחר שתחיה המכה הרי זו נדה:
19
[The following rules apply when a woman] marries when she is a na'arah.31 If she never menstruated beforehand, she is permitted to her husband for four days, by day and by night, even though blood is flowing, provided the wound did not heal.32
If she had already menstruated in her father's home and then married, her husband should not [continue] to engage in relations with her.33 After the first time, he should separate. The hymeneal bleeding is considered as if it is the beginning of menstruation.
When a girl who has reached majority,34 but has not menstruated, she is given the entire first night.35
יט
נשאת כשהיא נערה אם לא ראתה מימיה דם הרי זו מותרת לבעלה ארבעה ימים ביום ובלילה אף על פי שהדם שותת והוא שלא חיתה המכה ואם ראתה דם בבית אביה ואחר כך נשאת אין לו לבא עליה אלא בעילה ראשונה ופורש ויהיה דם בתולים זה כאילו היא תחלת נדה ובוגרת שלא ראתה מימיה נותנין לה כל לילה הראשון:
20
The [first] four nights36 that are granted to a na'arah who has not menstruated need not be consecutive. [Instead,] the couple may engage in relations the first night and wait even two or three months and engage in relations for a second night, provided the wound has not healed.37
כ
ארבעה לילות שנותנין לנערה שלא ראתה דם אע"פ שהן בסירוגין בועל לילה הראשון וממתין אפילו שני חדשים או שלשה ובועל לילה שני והוא שלא חיתה המכה:
21
Similarly, with regard to a minor who is allowed to continue engaging in relations until the wound heals, even if it does not heal for an entire year, they may engage in relations either non-consecutively or day after day.
כא
וכן קטנה שנותנין לה עד שתחיה המכה אפילו לא חיתה שנה הרי זה בועל כל השנה בין בסירוגין בין ביום אחר יום:
22
[The following rules apply when a girl] married while she was a minor and became a na'arah while married to her husband. [If] the blood is still flowing because of the wound, all of the times she engaged in relations while a minor are considered as one night and she is given license to complete the four days granted to her38 during the period of na'arut.
Even if the three days she is granted during the period of na'arut are all non-consecutive, [e.g.,] they engaged in relations one night every two months, this is permitted, provided the wound has not healed.
כב
קטנה שנשאת ונעשת נערה תחת בעלה ועדיין הדם שותת מחמת המכה כל בעילות שבעל כשהיא קטנה נחשבות לו כלילה אחד ומשלימין לו כל ארבעה ימים בימי הנערות ואפילו היו השלשה ימים שנותנין לו בימי הנערות בסירוגין ובעל בכל שני חדשים לילה אחד הרי זה מותר והוא שלא חיתה המכה:
23
How do we know whether or not the wound has healed? If [the woman] would discover blood when she stands but not when she sits; if she would discover [blood] when she sits on the earth, but not when she sits on pillows or blankets,39the wound has not healed.40 If, however, the bleeding ceases and she does not discover [blood], whether she stands or whether she sits on a pillow, the wound has healed. Similarly, even if her bleeding has not ceased, but she continues to discover blood even when she is sitting on pillows and blankets, we assume that this is not blood from the wound, but rather menstrual bleeding.41
כג
כיצד יודעין אם חיתה המכה או לא חיתה היתה רואה הדם בעת שתעמוד וכשתשב לא תראה ובעת שתשב על הקרקע תראה ואם תשב על גבי כרים וכסתות לא תראה עדיין לא חיתה המכה פסק הדם ולא ראתה כלל בין עומדת בין יושבת על הכר כבר חיתה המכה וכן אם לא פסק כלל אלא תראה הדם ואפילו כשהיא יושבת על הכרים והכסתות אין זה דם מכה אלא דם נדה:
24
If she would discover blood in the midst of relations, [we assume] that it comes as a result of the wound.42 If she engaged in relations and did not discover blood and afterwards, discovered blood out of the context of relations, [we assume] that it is menstrual bleeding.
כד
היתה רואה בעת תשמיש הרי זה מחמת המכה שמשה מטתה ולא ראתה דם ואח"כ ראתה דם שלא מחמת תשמיש הרי זה דם נדה:
25
When a man engages in relations with a virgin and she does not bleed and then, he engages in relations with her again and she does bleed, [we assume] that this is menstrual bleeding, even if she is a minor. [The rationale is that] if it were hymeneal bleeding, it would have appeared the first time.
When a man has relations with a girl below the age of three and she bleeds, this is hymeneal bleeding.
כה
הבועל בתולה ולא יצא ממנה דם וחזר ובעלה ויצא דם אפילו היתה קטנה הרי זה דם נדה שאילו היה דם בתולים היה בא בתחלה הבועל פחותה מבת שלש ויצא דם הרי זה דם בתולים:
FOOTNOTES
1.
I.e., not only does a woman become impure when she suffers ordinary menstrual bleeding, she becomes impure when that bleeding appears to be brought on by an external cause.
2.
And we assume the unusual exertion brought on the uterine bleeding.
3.
Our Sages appreciated that sexual desire could produce uterine bleeding.
4.
We have given a biological term for the metaphoric term used by our Sages which literally means "between the teeth." For a woman to become impure, the blood must emerge from the upper portion of the vaginal channel and reach the lower portion, as explained in Halachah 5.
5.
And blood there does not render a woman ritually impure.
6.
Niddah 17b.
7.
The term used by our Sages literally means "the neck of the uterus."
8.
See the Rambam's Commentary to the Mishnah (Niddah 2:4) where he describes these terms in greater detail, drawing on his medical knowledge.
9.
Blood which flows after childbirth as mentioned in Chapter 4, Halachah 5.
10.
Chapter 7, Halachah 2.
11.
For it is forbidden to enter the Temple while ritually impure.
12.
When terumah or sacrificial food becomes ritually impure, it is no longer fit for consumption and must be burned. If, however, it did not become impure, it is forbidden to burn it. The fact that we burn these objects after such a woman touches them indicates that she has become impure according to Scriptural Law.
13.
She is, however, forbidden to enter the Temple and forbidden to touch terumah or sacrificial foods. Similarly, she is forbidden to engage in relations with her husband. This is particularly true in the present age. We rule stringently and forbid a woman to her husband no matter where the blood is discovered [the Rambam's Commentary to the Mishnah (Niddah 2:7)].
14.
In halachic terminology, the Hebrew term yarok can also mean yellow or golden. See Shulchan Aruch (Yoreh De'ah 188:1) which discusses this issue.
15.
Implied is that if the stain does not match any of these colors, even if it has a red tint, it does not render the woman impure. This, however, applied in Talmudic times when the Rabbis were able to carefully distinguish between different shades of red. At present, however, if a stain has a red tint, it should be considered impure. We do not attempt to make these fine distinctions (Rambam, Commentary to the Mishnah, Niddah 2:7; Siftei Cohen 188:1).
16.
In his Commentary to the Mishnah (Niddah 2:6), the Rambam explains that certain factors will turn red blood to black.
17.
A region not far from the Mediterranean Coast, slightly northeast of present day Tel Aviv.
18.
As mentioned above, in the present age, we rule stringently with regard to all shades of red. Nevertheless, this law applies with regard to secretions of other colors even in the present age. A sage can make a ruling based on a woman's description. If, however, a secretion appears to be blood, but a woman protests that a sage ruled that such a secretion did not render her impure, her word is not accepted [Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 188:2)].
19.
The commentaries to Niddah 21a interpret this as meaning that if the cup contains two luggin, it should not weigh more than a maneh. In this way, its walls will not be overly thick.
20.
As mentioned above, in the present age, we rule that any stain that appears red is considered impure. Nevertheless, the technique used by the Rambam is valuable in determining whether a stain is considered as red or not.
21.
This is not speaking about a woman who miscarries, but rather about one who has a problem about the degeneration of her internal organs. The Rambam, based on Niddah 21b, is stating that as long as the piece of flesh is not accompanied by blood, the woman's difficulties do not render her ritually impure.
This ruling is the subject of a difference of opinion in the Talmud and not all Rishonim accept the Rambam's ruling (see the objections of the Ra'avad and others). It is, however, accepted by the Shulchan Aruch (Yoreh De'ah 188:3) provided the piece of flesh is small. If, however, it is large, the Shulchan Aruch rules that she is impure, because it is impossible for the uterus to open and discharge a large piece of flesh without expelling a certain amount of blood as well. The woman would become impure because of the expulsion of that blood.
(The Maggid Mishneh explains that the difference between the positions of the Rambam and the Ra'avad concerning an issue of a larger scope: Is it possible for the uterus to open without bleeding or not? The Rambam rules that this possible and hence, the woman is pure even if the piece is large. The Ra'avad maintains that she is impure, because it is impossible for the uterus to open without bleeding.)
22.
The Rambam's opinion here is also contested by other Rishonim. The Tur (Yoreh De'ah 188) rules that even if the piece of flesh is accompanied by blood and the blood touches the woman's body, she is not impure, for this is not the ordinary way in which a woman experiences uterine bleeding. This ruling is quoted by the Shulchan Aruch (Yoreh De'ah 188:3).
23.
See Shulchan Aruch (Yoreh De'ah 188:6) which quotes the Ra'avad's view that whenever a woman discovers a particle of dried blood, she is impure, even if it does not dissolve. The Shulchan Aruch, however, also quotes the views of Rav Zerachiah HaLevi and Rabbenu Asher who maintain that even in such an instance, the ruling depends on whether the particle dissolves or not.
24.
The Shulchan Aruch (Yoreh De'ah 194:3) follows the ruling of other Rishonim who maintain that in such a situation, we assume that these forms are the preliminary stages of a fetus. Hence, the woman is impure - as if she had miscarried - whether or not bleeding accompanies the expulsion of these forms.
25.
See Shulchan Aruch HaRav (Yoreh De'ah 188:8) which emphasizes that according to the Shulchan Aruch, this is referring to a thin tube which can be inserted into the uterus without causing the uterus to open substantially. If, however, the tube is thick and the uterus must open substantially, that alone is sufficient to render a woman ritually impure.
26.
The Shulchan Aruch HaRav (loc. cit.) emphasizes that the leniency is not granted because the tube interposes between the blood and the woman's flesh and therefore the literal meaning of the verse is not fulfilled. Instead, the reason is - as the Rambam clarifies - because this is not the ordinary manner in which women expel blood.
27.
As the Rambam explains, we assume that the bleeding comes from the urinary tract and not the uterus. The Rambam's view is quoted by the Shulchan Aruch (Yoreh De'ah 191:1). The Tur and the Rama cite more stringent views. In practice, a woman with such a condition should consult a gynecologist for a precise determination of her medical condition and give this information to a Rav who - on this basis - will rule on her halachic status.
28.
One might think that these physical sensations indicate the onset of menstruation.
29.
It must be emphasized that all the laws that follow applied only in the Talmudic era. At present, the Jewish people have accepted upon themselves the stringency of considering even the slightest drop of blood as requiring a wait of seven "spotless" days. Accordingly, when a woman suffers hymeneal bleeding - even if she knows that it is not at all connected with her menstrual cycle, she is considered impure and must wait seven "spotless" days (Chapter 11, Halachot 4,8).
Note the comments of the Ra'avad and the Kessef Mishneh concerning when this stringency was adopted. Is it of Talmudic origin or was it originated in the post-Talmudic period?
30.
Even if she menstruated, since she has not come of age, we assume that this is an abnormal occurrence which will not repeat itself.
31.
A girl between the age of twelve and twelve and a half who has already manifested signs of physical maturity.
32.
Since she never menstruated before, we assume that she still is suffering hymeneal bleeding and not that she has begun to menstruate.
33.
Since she menstruated before, we recognize the possibility that this is also menstrual blood. Hence, we require the couple to separate. The Ra'avad protests the Rambam's ruling, noting that it follows the position of the School of Shammai, not the School of Hillel. The Maggid Mishneh supports the Rambam's decision, noting that Niddah 65b mentions the opinions of two Amoraim which support this view, indicating that in this instance the opinion of the School of Shammai is followed.
34.
I.e., she has reached the age of twelve and half and manifested signs of physical maturity at age twelve.
35.
I.e., that night the couple may engage in relations as many times as they desire. Needless to say, if she has already menstruated, the couple must separate after the first time they engage in relations (Maggid Mishneh).
36.
More specifically, days and nights as stated in the previous halachah.
37.
And also, of course, that the woman has not begun to menstruate. If during the passage of time, she reaches full majority, she is given only one night from that time onward (Rabbi Akiva Eiger).
38.
As stated in Halachah 19. Thus she is given three more opportunities to engage in relations.
39.
Since she is sitting on a soft surface, the wound will not be aggravated.
40.
Even though her bleeding is not consistent.
41.
Hence she is deemed impure and forbidden to engage in relations with her husband.
42.
Hence we do not apply all the stringencies mentioned in the conclusion of ch. 4.
Hayom Yom:
• English Text | Video Class
Sunday, Tevet 5, 5778 · 23 December 2017
"Today's Day"
Sunday, Tevet 5*, 5703
Torah lessons: Chumash: Vayigash, first parsha with Rashi.
Tehillim: 29-34.
Tanya: Ch. 6. "The A-lmighty (p. 21)..."ruination of the spirit..." (p. 23).
When Mashiach comes we will realize the greatness of hoda'a (acknowledgement, or belief) and t'mimut (earnestness), everyone's pure faith in G-d and His Torah and mitzvot. Talmud - namely, human comprehension, even on its highest level - is limited. But hoda'a, faith, is a feeling that is boundless. Mashiach will explain the magnificent achievement of t'mimut - earnest avoda flowing from the heart.
FOOTNOTES
*.This day is the chassidic festival of didan natzach ("our side is victorious," viz. Vayikra Raba 24:3) marking the issuance, in 5747 (1987), of a US Federal Court ruling which placed the legal imprimatur of the USA upon the total exclusive ownership by Agudas Chassidei Chabad of the great library and collection of s'farim (Torah-books) and k'tavim (manuscripts) of the Chabad Rebbe'im. "The day on which 'our side was victorious' (didan natzach) openly, in sight of all the nations (in Federal Court) with regard to the s'farim and k'tavim of our Rebbe'im - leaders, in the library of Lubavitch." (Note by the Rebbe of righteous memory to sicha of Tuesday, Tevet 5, 5747).
Daily Thought:
The Light Switch
A college student once asked the Rebbe what is his job. The Rebbe gestured to the ceiling of his room and replied:
Do you see that light bulb? It is connected by wires to an electrical generating station that powers the whole of Brooklyn. And that plant is connected to turbo-generators at Niagara Falls that power the whole of New York State and more.
Every one of us is a light bulb wired into an infinitely powerful generator. But the room may still be dark, because the connection has yet to be made, and it is hard to find a switch in the dark.
The job of a rebbe is to take your hand in that dark room and help it find the switch.
---
No comments:
Post a Comment