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- ב"ה - Today in Judaism - Today is Shabbat, 4 Shevat, 5778 · January 20, 2018Torah Reading:
Bo: Exodus 10:1 - 13:16
Jeremiah 46:13-28
Bo: Exodus 10:1 Adonai said to Moshe, “Go to Pharaoh, for I have made him and his servants hardhearted, so that I can demonstrate these signs of mine among them, 2 so that you can tell your son and grandson about what I did to Egypt and about my signs that I demonstrated among them, and so that you will all know that I am Adonai.” 3 Moshe and Aharon went in to Pharaoh and said to him, “Here is what Adonai, God of the Hebrews, says: ‘How much longer will you refuse to submit to me? Let my people go, so that they can worship me. 4 Otherwise, if you refuse to let my people go, tomorrow I will bring locusts into your territory. 5 One won’t be able to see the ground, so completely will the locusts cover it. They will eat anything you still have that escaped the hail, including every tree you have growing in the field. 6 They will fill your houses and those of your servants and of all the Egyptians. It will be like nothing your fathers or their fathers have ever seen since the day they were born until today.’” Then he turned his back and left.
7 Pharaoh’s servants said to him, “How much longer must this fellow be a snare for us? Let the people go and worship Adonai their God. Don’t you understand yet that Egypt is being destroyed?” 8 So Moshe and Aharon were brought to Pharaoh again, and he said to them, “Go, worship Adonai your God. But who exactly is going?” 9 Moshe answered, “We will go with our young and our old, our sons and our daughters; and we will go with our flocks and herds; for we must celebrate a feast to Adonai.” 10 Pharaoh said to them, “Adonai certainly will be with you if I ever let you go with your children! It’s clear that you are up to no good. 11 Nothing doing! Just the men among you may go and worship Adonai. That’s what you want, isn’t it?” And they were driven out of Pharaoh’s presence.
(ii) 12 Adonai said to Moshe, “Reach out your hand over the land of Egypt, so that locusts will invade the land and eat every plant that the hail has left.” 13 Moshe reached out with his staff over the land of Egypt, and Adonai caused an east wind to blow on the land all day and all night; and in the morning the east wind brought the locusts. 14 The locusts went up over all the land of Egypt and settled throughout Egypt’s territory. It was an invasion more severe than there had ever been before or will ever be again. 15 They completely covered the ground, so that the ground looked black. They ate every plant growing from the ground and all the fruit of the trees left by the hail. Not one green thing remained, not a tree and not a plant in the field, in all the land of Egypt.
16 Pharaoh hurried to summon Moshe and Aharon and said, “I have sinned against Adonai your God and against you. 17 Now, therefore, please forgive my sin just this once; and intercede with Adonai your God, so that he will at least take away from me this deadly plague!” 18 He went out from Pharaoh and interceded with Adonai. 19 Adonai reversed the wind and made it blow very strongly from the west. It took up the locusts and drove them into the Sea of Suf; not one locust remained on Egyptian soil. 20 But Adonai made Pharaoh hardhearted, and he didn’t let the people of Isra’el go.
21 Adonai said to Moshe, “Reach out your hand toward the sky, and there will be darkness over the land of Egypt, darkness so thick it can be felt!” 22 Moshe reached out his hand toward the sky, and there was a thick darkness in the entire land of Egypt for three days. 23 People couldn’t see each other, and no one went anywhere for three days. But all the people of Isra’el had light in their homes.
(iii) 24 Pharaoh summoned Moshe and said, “Go, worship Adonai; only leave your flocks and herds behind — your children may go with you.” 25 Moshe answered, “You must also see to it that we have sacrifices and burnt offerings, so that we can sacrifice to Adonai our God. 26 Our livestock will also go with us — not a hoof will be left behind — because we must choose some of them to worship Adonai our God, and we don’t know which ones we will need to worship Adonai until we get there.” 27 But Adonai made Pharaoh hardhearted, and he would not let them go. 28 Pharaoh said to them, “Get away from me! And you had better not see my face again, because the day you see my face, you will die!” 29 Moshe answered, “Well spoken! I will see your face no more.”
11:1 Adonai said to Moshe, “I’m going to bring still one more plague on Pharaoh and Egypt, and after that he will let you leave here. When he does let you go, he will throw you out completely! 2 Now tell the people that every man is to ask his neighbor and every woman her neighbor for gold and silver jewelry.” 3 Adonai made the Egyptians favorably disposed toward the people. Moreover, Moshe was regarded by Pharaoh’s servants and the people as a very great man in the land of Egypt.
(iv) 4 Moshe said, “Here is what Adonai says: ‘About midnight I will go out into Egypt, 5 and all the firstborn in the land of Egypt will die, from the firstborn of Pharaoh sitting on his throne to the firstborn of the slave-girl at the handmill, and all the firstborn of the livestock. 6 There will be a horrendous wailing throughout all the land of Egypt — there has never been another like it, and there never will be again. 7 But not even a dog’s growl will be heard against any of the people of Isra’el, neither against people nor against animals. In this way you will realize that Adonai distinguishes between Egyptians and Isra’el. 8 All your servants will come down to me, prostrate themselves before me and say, “Get out! — you and all the people who follow you!” and after that, I will go out!’ ” And he went out from Pharaoh in the heat of anger. 9 Adonai said to Moshe, “Pharaoh will not listen to you, so that still more of my wonders will be shown in the land of Egypt.”
10 Moshe and Aharon did all these wonders before Pharaoh, but Adonai had made Pharaoh hardhearted, and he didn’t let the people of Isra’el leave his land.
12:1 Adonai spoke to Moshe and Aharon in the land of Egypt; he said, 2 “You are to begin your calendar with this month; it will be the first month of the year for you. 3 Speak to all the assembly of Isra’el and say, ‘On the tenth day of this month, each man is to take a lamb or kid for his family, one per household — 4 except that if the household is too small for a whole lamb or kid, then he and his next-door neighbor should share one, dividing it in proportion to the number of people eating it. 5 Your animal must be without defect, a male in its first year, and you may choose it from either the sheep or the goats.
6 “‘You are to keep it until the fourteenth day of the month, and then the entire assembly of the community of Isra’el will slaughter it at dusk. 7 They are to take some of the blood and smear it on the two sides and top of the door-frame at the entrance of the house in which they eat it. 8 That night, they are to eat the meat, roasted in the fire; they are to eat it with matzah and maror. 9 Don’t eat it raw or boiled, but roasted in the fire, with its head, the lower parts of its legs and its inner organs. 10 Let nothing of it remain till morning; if any of it does remain, burn it up completely.
11 “‘Here is how you are to eat it: with your belt fastened, your shoes on your feet and your staff in your hand; and you are to eat it hurriedly. It is Adonai’s Pesach [Passover]. 12 For that night, I will pass through the land of Egypt and kill all the firstborn in the land of Egypt, both men and animals; and I will execute judgment against all the gods of Egypt; I am Adonai. 13 The blood will serve you as a sign marking the houses where you are; when I see the blood, I will pass over [Exodus 12:13 Hebrew: pasach] you — when I strike the land of Egypt, the death blow will not strike you.
14 “‘This will be a day for you to remember and celebrate as a festival to Adonai; from generation to generation you are to celebrate it by a perpetual regulation.
15 “‘For seven days you are to eat matzah — on the first day remove the leaven from your houses. For whoever eats hametz [leavened bread] from the first to the seventh day is to be cut off from Isra’el. 16 On the first and seventh days, you are to have an assembly set aside for God. On these days no work is to be done, except what each must do to prepare his food; you may do only that. 17 You are to observe the festival of matzah, for on this very day I brought your divisions out of the land of Egypt. Therefore, you are to observe this day from generation to generation by a perpetual regulation. 18 From the evening of the fourteenth day of the first month until the evening of the twenty-first day, you are to eat matzah. 19 During those seven days, no leaven is to be found in your houses. Whoever eats food with hametz in it is to be cut off from the community of Isra’el — it doesn’t matter whether he is a foreigner or a citizen of the land. 20 Eat nothing with hametz in it. Wherever you live, eat matzah.’”
(v) 21 Then Moshe called for all the leaders of Isra’el and said, “Select and take lambs for your families, and slaughter the Pesach lamb. 22 Take a bunch of hyssop leaves and dip it in the blood which is in the basin, and smear it on the two sides and top of the door-frame. Then, none of you is to go out the door of his house until morning. 23 For Adonai will pass through to kill the Egyptians; but when he sees the blood on the top and on the two sides, Adonai will pass over the door and will not allow the Slaughterer to enter your houses and kill you. 24 You are to observe this as a law, you and your descendants forever.
25 “When you come to the land which Adonai will give you, as he has promised, you are to observe this ceremony. 26 When your children ask you, ‘What do you mean by this ceremony?’ 27 say, ‘It is the sacrifice of Adonai’s Pesach [Passover], because [Adonai] passed over the houses of the people of Isra’el in Egypt, when he killed the Egyptians but spared our houses.’” The people of Isra’el bowed their heads and worshipped. 28 Then the people of Isra’el went and did as Adonai had ordered Moshe and Aharon — that is what they did.
(vi) 29 At midnight Adonai killed all the firstborn in the land of Egypt, from the firstborn of Pharaoh sitting on his throne to the firstborn of the prisoner in the dungeon, and all the firstborn of livestock. 30 Pharaoh got up in the night, he, all his servants and all the Egyptians; and there was horrendous wailing in Egypt; for there wasn’t a single house without someone dead in it. 31 He summoned Moshe and Aharon by night and said, “Up and leave my people, both you and the people of Isra’el; and go, serve Adonai as you said. 32 Take both your flocks and your herds, as you said; and get out of here! But bless me, too.” 33 The Egyptians pressed to send the people out of the land quickly, because they said, “Otherwise we’ll all be dead!”
34 The people took their dough before it had become leavened and wrapped their kneading bowls in their clothes on their shoulders. 35 The people of Isra’el had done what Moshe had said — they had asked the Egyptians to give them silver and gold jewelry and clothing; 36 and Adonai had made the Egyptians so favorably disposed toward the people that they had let them have whatever they requested. Thus they plundered the Egyptians.
37 The people of Isra’el traveled from Ra‘amses to Sukkot, some six hundred thousand men on foot, not counting children. 38 A mixed crowd also went up with them, as well as livestock in large numbers, both flocks and herds. 39 They baked matzah loaves from the dough they had brought out of Egypt, since it was unleavened; because they had been driven out of Egypt without time to prepare supplies for themselves.
40 The time the people of Isra’el lived in Egypt was 430 years. 41 At the end of 430 years to the day, all the divisions of Adonai left the land of Egypt. 42 This was a night when Adonai kept vigil to bring them out of the land of Egypt, and this same night continues to be a night when Adonai keeps vigil for all the people of Isra’el through all their generations.
43 Adonai said to Moshe and Aharon, “This is the regulation for the Pesach lamb: no foreigner is to eat it. 44 But if anyone has a slave he bought for money, when you have circumcised him, he may eat it. 45 Neither a traveler nor a hired servant may eat it. 46 It is to be eaten in one house. You are not to take any of the meat outside the house, and you are not to break any of its bones. 47 The whole community of Isra’el is to keep it. 48 If a foreigner staying with you wants to observe Adonai’s Pesach, all his males must be circumcised. Then he may take part and observe it; he will be like a citizen of the land. But no uncircumcised person is to eat it. 49 The same teaching is to apply equally to the citizen and to the foreigner living among you.”
50 All the people of Isra’el did just as Adonai had ordered Moshe and Aharon. 51 On that very day, Adonai brought the people of Isra’el out of the land of Egypt by their divisions.
13:1 (vii) Adonai said to Moshe, 2 “Set aside for me all the firstborn. Whatever is first from the womb among the people of Isra’el, both of humans and of animals, belongs to me.” 3 Moshe said to the people, “Remember this day, on which you left Egypt, the abode of slavery; because Adonai, by the strength of his hand, has brought you out of this place. Do not eat hametz. 4 You are leaving today, in the month of Aviv. 5 When Adonai brings you into the land of the Kena‘ani, Hitti, Emori, Hivi and Y’vusi, which he swore to your ancestors to give you, a land flowing with milk and honey, you are to observe this ceremony in this month. 6 For seven days you are to eat matzah, and the seventh day is to be a festival for Adonai. 7 Matzah is to be eaten throughout the seven days; neither hametz nor leavening agents are to be seen with you throughout your territory. 8 On that day you are to tell your son, ‘It is because of what Adonai did for me when I left Egypt.’
9 “Moreover, it will serve you as a sign on your hand and as a reminder between your eyes, so that Adonai’s Torah may be on your lips; because with a strong hand Adonai brought you out of Egypt. 10 Therefore you are to observe this regulation at its proper time, year after year. 11 When Adonai brings you into the land of the Kena‘ani, as he swore to you and your ancestors, and gives it to you, 12 you are to set apart for Adonai everything that is first from the womb. Every firstborn male animal will belong to Adonai. 13 Every firstborn from a donkey, you are to redeem with a lamb; but if you choose not to redeem it, you must break its neck. But from people, you are to redeem every firstborn son. (Maftir) 14 When, at some future time, your son asks you, ‘What is this?’ then say to him, ‘With a strong hand Adonai brought us out of Egypt, out of the abode of slavery. 15 When Pharaoh was unwilling to let us go, Adonai killed all the firstborn males in the land of Egypt, both the firstborn of humans and the firstborn of animals. This is why I sacrifice to Adonai any male that is first from the womb of an animal, but all the firstborn of my sons I redeem.’ 16 This will serve as a sign on your hand and at the front of a headband around your forehead that with a strong hand Adonai brought us out of Egypt.”
Jeremiah 46:13 This word Adonai spoke to Yirmeyahu the prophet concerning how N’vukhadretzar king of Bavel would come and attack the land of Egypt:
14 “Proclaim in Egypt, announce in Migdol,
announce in Nof and Tachpanches;
say: ‘Take your stand! Get ready!
For all around you the sword is destroying.
15 Why has your strong one been overthrown?
He failed to stand because Adonai pushed him down.
16 He caused many to trip;
yes, they fell all over each other.’”
Then they said, “Let’s get up,
let’s return to our own people,
back to the land where we were born,
away from the sword that destroys.”
17 They cried there, “Pharaoh king of Egypt makes noise,
but he lets the right time [for action] slip by.”
18 “As I live,” says the king,
whose name is Adonai-Tzva’ot,
“when he comes, he will be [as mighty]
as Tavor among the mountains,
as Karmel next to the sea.
19 “Daughter living in Egypt,
prepare what you need for exile;
for Nof will become a ruin,
laid waste, without inhabitant.
20 Egypt is a beautiful female calf;
but a horsefly from the north has come to attack her.
21 Her mercenaries too, that she had with her,
were like well-fed calves in a stable;
but they too have withdrawn in retreat,
they all ran away without standing their ground.
For their day of disaster has come over them,
the time for them to be punished.
22 Egypt hisses like a snake,
as the enemy’s army marches ahead,
attacking her with their axes
like lumbermen chopping trees.
23 They cut down her forest,” says Adonai,
“for they cannot be numbered;
yes, there are more of them than locusts,
far too many to count.
24 The daughter of Egypt is put to shame,
handed over to the people from the north.”
25 Adonai-Tzva’ot, the God of Isra’el, says: “I will punish Amon from No, Pharaoh, and Egypt with her gods and kings — that is, Pharaoh and those who trust in him; 26 I will hand them over to those who seek their lives, to N’vukhadretzar king of Bavel and to his servants. But afterwards, Egypt will be inhabited, as in the past,” says Adonai.
27 “Yet don’t be afraid, Ya‘akov my servant;
don’t be distressed, Isra’el.
For I will save you from faraway places,
and your offspring from the lands where they are held captive.
Ya‘akov will return and be at peace,
quiet, with no one to make him afraid.
28 Don’t be afraid, Ya‘akov my servant,”
says Adonai, “for I am with you.
I will finish off all the nations
where I have scattered you.
However, you I will not finish off,
I will discipline you as you deserve,
but not completely destroy you.”
---
Today's Laws & Customs:
• "Yud Shevat" Yahrtzeit observances
Chabad-Lubavitch Chassidim observe the special customs of the Shabbat prior to the yahrtzeit (anniversary of the passing) of the sixth Lubavitcher Rebbe, Rabbi Yosef Yitzchak Schneersohn (1880-1950), which occurs next week, on the 10th of Shevat.
Link: A Letter from the Lubavitcher Rebbe outlining his suggested observances for the Shabbat preceding Rabbi Yosef Yitzchak's yahrtzeit.
Today in Jewish History:
• Passing of R. Abraham Kalisker (1810)
Rabbi Abraham of Kalisk (1741-1810) was a controversial figure in the 3rd generation of Chassidic leaders. In his youth, he was a study partner of Rabbi Elijah "the Gaon of Vilna", who led the initial opposition against Chassidism; but later Rabbi Abraham himself joined the the forbidden kat ("sect", as the Chassidic movement was derisively called by its opponents) and became a disciple of Rabbi DovBer, the Maggid of Mezeritch, the successor to Chassidism's founder, Rabbi Israel Baal Shem Tov. After Rabbi DovBer's passing in 1772, much of the opposition to Chassidism was directed against Rabbi Abraham's disciples, who, more than any other group within the movement, mocked the intellectual elitism of the establishment's scholars and communal leaders; even Rabbi Abraham's own colleagues were dismayed by the "antics" of some of his disciples. In 1777, Rabbi Abraham joined the first Chassidic "aliyah", in which a group of more than 300 Chassidim led by Rabbi Menachem Mendel of Vitebsk emigrated to the Holy Land. Rabbi Abraham passed away in Tiberias on the 4th of Shevat of the year 5570 from creation (1810 CE).
• R. Israel Abuchatzera (1984)
Rabbi Israel Abuchatzera (1890-1984), known as "Baba Sali," was born in Tafillalt, Morocco to the llustrious Abuchatzera family. From a young age he was renowned as a sage, miracle maker and master kabbalist. In 1964 he moved to the Holy Land, eventually settling in the southern development town he made famous, Netivot. He passed away in 1984 on the 4th of Shevat. His graveside in Netivot has become a holy site visited by thousands annually.
Daily Torah Study:
Chumash: Bo, 7th Portion Exodus 13:1-13:16 with Rashi
• English / Hebrew Linear Translation
• Video Class
• Daily Wisdom (short insight)
Exodus Chapter 13
1The Lord spoke to Moses, saying, אוַיְדַבֵּ֥ר יְהֹוָ֖ה אֶל־משֶׁ֥ה לֵּאמֹֽר:
2"Sanctify to Me every firstborn, every one that opens the womb among the children of Israel among man and among animals; it is Mine." בקַדֶּשׁ־לִ֨י כָל־בְּכ֜וֹר פֶּ֤טֶר כָּל־רֶ֨חֶם֙ בִּבְנֵ֣י יִשְׂרָאֵ֔ל בָּֽאָדָ֖ם וּבַבְּהֵמָ֑ה לִ֖י הֽוּא:
every one that opens the womb: Heb. פֶּטֶר כָּל-רֶחֶם, which opened the womb first, [פֶּטֶר meaning to open] as “in The beginning of strife is like letting out (פּוֹטֵר) water” (Prov. 17:14); “ יַפְטִירוּ בְשָׂפָה, they will open their lips” (Ps. 22:8). — [from Mechilta, targumim]
פטר כל רחם: שפתח את הרחם תחלה, כמו (משלי יז יד) פוטר מים ראשית מדון, וכן (תהלים כב ח) יפטירו בשפה, יפתחו שפתים:
it is Mine: For Myself I have acquired them by smiting the firstborn of Egypt. — [from Mechilta]
לי הוא: לעצמי קניתים על ידי שהכיתי בכורי מצרים:
3Moses said to the people, "Remember this day, when you went out of Egypt, out of the house of bondage, for with a mighty hand, the Lord took you out of here, and [therefore] no leaven shall be eaten. גוַיֹּ֨אמֶר משֶׁ֜ה אֶל־הָעָ֗ם זָכ֞וֹר אֶת־הַיּ֤וֹם הַזֶּה֙ אֲשֶׁ֨ר יְצָאתֶ֤ם מִמִּצְרַ֨יִם֙ מִבֵּ֣ית עֲבָדִ֔ים כִּ֚י בְּחֹ֣זֶק יָ֔ד הוֹצִ֧יא יְהֹוָ֛ה אֶתְכֶ֖ם מִזֶּ֑ה וְלֹ֥א יֵֽאָכֵ֖ל חָמֵֽץ:
Remember this day: This teaches us that we are to mention the Exodus from Egypt daily. — [from Mechilta]
זכור את היום הזה: למד שמזכירין יציאת מצרים בכל יום:
4Today you are going out, in the month of spring. דהַיּ֖וֹם אַתֶּ֣ם יֹֽצְאִ֑ים בְּחֹ֖דֶשׁ הָֽאָבִֽיב:
in the month of spring: Now do we not know in what month they went out? [Early editions read: Now did they not know in what month they went out?] Rather, this is what he [Moses] said to them, “See the lovingkindness that He bestowed upon you, that He took you out in a month in which it is suitable to go out, when there is neither heat nor cold nor rain,” and so it says: “He takes the prisoners out at the most opportune time (בַּכּוֹשָׁרוֹת) ” (Ps. 68:7), in the month when it is best suited (כָּשֵׁר) to go out. — [from Mechilta]
בחדש האביב: וכי לא היו יודעין באיזה חדש, אלא כך אמר להם, ראו חסד שגמלכם שהוציא אתכם בחדש שהוא כשר לצאת, לא חמה ולא צנה ולא גשמים. וכן הוא אומר (תהלים סח ז) מוציא אסירים בכושרות, חדש שהוא כשר לצאת:
5And it will come to pass that the Lord will bring you into the land of the Canaanites, the Hittites, the Amorites, the Hivvites, and the Jebusites, which He swore to your forefathers to give you a land flowing with milk and honey and you shall perform this service in this month. הוְהָיָ֣ה כִֽי־יְבִֽיאֲךָ֣ יְהֹוָ֡ה אֶל־אֶ֣רֶץ הַ֠כְּנַֽעֲנִ֠י וְהַֽחִתִּ֨י וְהָֽאֱמֹרִ֜י וְהַֽחִוִּ֣י וְהַיְבוּסִ֗י אֲשֶׁ֨ר נִשְׁבַּ֤ע לַֽאֲבֹתֶ֨יךָ֙ לָ֣תֶת לָ֔ךְ אֶ֛רֶץ זָבַ֥ת חָלָ֖ב וּדְבָ֑שׁ וְעָֽבַדְתָּ֛ אֶת־הָֽעֲבֹדָ֥ה הַזֹּ֖את בַּחֹ֥דֶשׁ הַזֶּֽה:
into the land of the Canaanites, etc.: Although [Scripture] enumerated [here] only five nations, it means all seven [of the nations], for they are all included in the [term] Canaanites, [even though] there was one of the families of Canaan that had only the name Canaanite. — [from Mechilta; Tanchuma, Bo 12]
אל ארץ הכנעני וגו': אף על פי שלא מנה אלא חמשה עממין, כל שבעה גוים במשמע, שכולן בכלל כנעני הם, ואחת ממשפחת כנען היתה שלא נקרא לה שם אלא כנעני:
swore to your forefathers, etc.: Concerning Abraham, it says: “On that day, the Lord formed a covenant with Abram, [saying, ‘To your seed I have given this land’]” (Gen. 15:18); and concerning Isaac it says: “Sojourn in this land […for to you and to your seed I will give all these lands, and I will set up the oath that I swore to Abraham your father]” (Gen. 26:3); concerning Jacob it says: “the land upon which you are lying [to you I will give it and to your seed]” (Gen. 28:13). — [from Mechilta]
נשבע לאבתיך וגו': באברהם הוא אומר (בראשית טו יח) ביום ההוא כרת ה' את אברם וגו', וביצחק הוא אומר (שם כו ג) גור בארץ הזאת וגו', וביעקב הוא אומר (שם כח יג) הארץ אשר אתה שוכב עליה וגו':
flowing with milk and honey: Milk flows from the goats’ [udders], and honey flows from the dates and the figs. — [from Kethuboth 111b]
זבת חלב ודבש: החלב זב מן העזים והדבש זב מן התמרים ומן התאנים:
this service: [that] of the Passover sacrifice (Mechilta, Pes. 96a, Mechilta d’Rabbi Shimon ben Yochai). Now was it not already stated above (12:25): “And it shall come to pass when you enter the land [that you should keep this service], etc.” Now why did [Scripture] repeat it? Because of the thing that was newly introduced in it. In the former chapter (12:26), it says: “And it will come to pass if your children say to you, ‘What is this service to you?’” [There,] Scripture refers to a wicked son, who excludes himself from the community [by saying “to you”], and here (verse 8), “And you shall tell your son,” refers to a son who does not know to ask. Scripture teaches you that you yourself should initiate the discourse for him (Mechilta 14) with words of the Aggadah, which draw his interest [lit., draw the heart]. — [from Mechilta 18:14]
את העבדה הזאת: של פסח. והלא כבר נאמר למעלה (יב כה) והיה כי תבואו אל הארץ וגו', ולמה חזר ושנאה, בשביל דבר שנתחדש בה. בפרשה ראשונה נאמר (שם כו) והיה כי יאמרו אליכם בניכם מה העבודה הזאת לכם, בבן רשע הכתוב מדבר שהוציא את עצמו מן הכלל, וכאן (פסוק ח) והגדת לבנך, בבן שאינו יודע לשאול, והכתוב מלמדך שתפתח לו אתה בדברי אגדה המושכין את הלב:
6For seven days you shall eat unleavened cakes, and on the seventh day, there is a festival for the Lord. ושִׁבְעַ֥ת יָמִ֖ים תֹּאכַ֣ל מַצֹּ֑ת וּבַיּוֹם֙ הַשְּׁבִיעִ֔י חַ֖ג לַיהֹוָֽה:
7Unleavened cakes shall be eaten during the seven days, and no leaven shall be seen of yours [in your possession], and no leavening shall be seen of yours throughout all of your borders. זמַצּוֹת֙ יֵֽאָכֵ֔ל אֵ֖ת שִׁבְעַ֣ת הַיָּמִ֑ים וְלֹא־יֵֽרָאֶ֨ה לְךָ֜ חָמֵ֗ץ וְלֹא־יֵֽרָאֶ֥ה לְךָ֛ שְׂאֹ֖ר בְּכָל־גְּבֻלֶֽךָ:
8And you shall tell your son on that day, saying, "Because of this, the Lord did [this] for me when I went out of Egypt." חוְהִגַּדְתָּ֣ לְבִנְךָ֔ בַּיּ֥וֹם הַה֖וּא לֵאמֹ֑ר בַּֽעֲב֣וּר זֶ֗ה עָשָׂ֤ה יְהֹוָה֙ לִ֔י בְּצֵאתִ֖י מִמִּצְרָֽיִם:
Because of this: In order that I fulfill His commandments, such as these [commandments of] the Passover sacrifice, matzah, and bitter herbs. — [from Jonathan, Passover Haggadah]
בעבור זה: בעבור שאקיים מצותיו, כגון פסח מצה ומרור הללו:
the Lord did [this] for me: [Scripture] alluded to a reply to the wicked son, to say, “the Lord did [this] for me,” but not for you. Had you been there, you would not have been worthy of being redeemed. — [from Mechilta]
עשה ה' לי: רמז תשובה לבן רשע לומר, עשה ה' לי ולא לך, שאלו היית שם לא היית כדאי ליגאל:
9And it shall be to you as a sign upon your hand and as a remembrance between your eyes, in order that the law of the Lord shall be in your mouth, for with a mighty hand the Lord took you out of Egypt. טוְהָיָה֩ לְךָ֨ לְא֜וֹת עַל־יָֽדְךָ֗ וּלְזִכָּרוֹן֙ בֵּ֣ין עֵינֶ֔יךָ לְמַ֗עַן תִּֽהְיֶ֛ה תּוֹרַ֥ת יְהֹוָ֖ה בְּפִ֑יךָ כִּ֚י בְּיָ֣ד חֲזָקָ֔ה הוֹצִֽאֲךָ֥ יְהֹוָ֖ה מִמִּצְרָֽיִם:
And it shall be to you as a sign: The Exodus from Egypt shall be to you as a sign. — [from Jonathan]
והיה לך לאות: יציאת מצרים תהיה לך לאות:
upon your hand and as a remembrance between your eyes: This means that you shall write these passages [verses 1:10 and 11:16] and bind them on the head and on the arm.
על ידך ולזכרון בין עיניך: שתכתוב פרשיות הללו ותקשרם בראש ובזרוע:
upon your hand: On the left hand. Therefore, in the second section, (Verse 16) יָדְכָה is written with the full spelling, to explain thereby [that it means] the hand (יָד) that is weaker (כֵּהָה). — [from Men. 37b]
על ידך: יד שמאל, לפיכך ידכה מלא בפרשה שניה (פסוק טז) לדרוש בה, יד שהיא כהה:
10And you shall keep this statute at its appointed time, from year to year. יוְשָֽׁמַרְתָּ֛ אֶת־הַֽחֻקָּ֥ה הַזֹּ֖את לְמֽוֹעֲדָ֑הּ מִיָּמִ֖ים יָמִֽימָה:
from year to year: Heb. מִיָמִים יָמִימָה, from year to year. — [from Onkelos].
מימים ימימה: משנה לשנה:
11And it will come to pass when the Lord will bring you into the land of the Canaanites, as He swore to you and to your forefathers, and He has given it to you, יאוְהָיָ֞ה כִּֽי־יְבִֽאֲךָ֤ יְהֹוָה֙ אֶל־אֶ֣רֶץ הַכְּנַֽעֲנִ֔י כַּֽאֲשֶׁ֛ר נִשְׁבַּ֥ע לְךָ֖ וְלַֽאֲבֹתֶ֑יךָ וּנְתָנָ֖הּ לָֽךְ:
And it will come to pass when… will bring you: Some of our Sages learned from here that the firstborn that were born in the desert were not sanctified. The one who rules that they were sanctified explains this “entry” as saying: If you fulfill it [this commandment] in the desert, you will merit to fulfill it there [in the Holy Land]. — [from Bechoroth 4b]
והיה כי יבאך: יש מרבותינו שלמדו מכאן שלא קדשו בכורות הנולדים במדבר, והאומר שקדשו מפרש ביאה זו לומר אם תקיימוהו במדבר תזכו ליכנם לארץ ותקיימוהו שם:
as He swore to you: Now where did He swear to you? “And I will bring you to the land, concerning which I raised, etc.” (Exod. 6:8). — [from Mechilta]
נשבע לך: והיכן נשבע לך, והבאתי אתכם אל הארץ אשר נשאתי וגו' (שמות ו ח):
and He has given it to you: It should seem to you as if He gave it to you today, and it should not seem to you as an inheritance from your forefathers. — [from Mechilta]
ונתנה לך: תהא בעיניך כאלו נתנה לך בו ביום, ואל תהי בעיניך כירושת אבות:
12that you shall give over to the Lord whatever opens the womb, and every miscarriage that opens the womb of an animal which will be yours, the males belong to the Lord. יבוְהַֽעֲבַרְתָּ֥ כָל־פֶּֽטֶר־רֶ֖חֶם לַֽיהֹוָ֑ה וְכָל־פֶּ֣טֶר | שֶׁ֣גֶר בְּהֵמָ֗ה אֲשֶׁ֨ר יִֽהְיֶ֥ה לְךָ֛ הַזְּכָרִ֖ים לַיהֹוָֽה:
That you shall give over: Heb. וְהַעִבַרְךְתָּ is only an expression of separation, and so [Scripture] states: “and you shall give over (וְהַעִבַרְךְתֶּם) his inheritance to his daughter” (Num. 27:8). — [from Mechilta]
והעברת: אין והעברת אלא לשון הפרשה, וכן הוא אומר (במדבר כז ח) והעברתם את נחלתו לבתו:
and every miscarriage: Heb. שֶׁגֶר, an aborted fetus, which its mother ejected (ֹשֶֹשָגַּרְךְתּוֹ) and sent out before its time. The text teaches you that it is holy in regards to freeing the one that follows it. A fetus that is not aborted is also called שֶׁגֶר, like “the offspring (שְׁגַר) of your cattle” (Deut. 7:13), but this [verse] came only to teach [us] about the aborted fetus, because [Scripture] already stated: “whatever opens the womb.” If you say that the firstborn of an unclean animal is meant, [Scripture] came and explained elsewhere “of your cattle and of your flocks” (Deut. 15:19). In another way we can explain: “you shall give over to the Lord whatever opens the womb,” that the text speaks of the firstborn of man. — [from Mechilta]
שגר בהמה: נפל ששגרתו אמו ושלחתו בלא עתו, ולמדך הכתוב שהוא קדוש בבכורה לפטור את הבא אחריו. ואף שאינו נפל קרוי שגר, כמו (דברים ז יג) שגר אלפיך. אבל זה לא בא אלא ללמד על הנפל שהרי כבר כתיב כל פטר רחם. ואם תאמר אף בכור בהמה טמאה במשמע בא ופירש במקום אחר (דברים טו יט) בבקרך ובצאנך. לשון אחר יש לפרש והעברת כל פטר רחם, בבכור אדם הכתוב מדבר:
13And every firstborn donkey you shall redeem with a lamb, and if you do not redeem [it], you shall decapitate it, and every firstborn of man among your sons, you shall redeem. יגוְכָל־פֶּ֤טֶר חֲמֹר֙ תִּפְדֶּ֣ה בְשֶׂ֔ה וְאִם־לֹ֥א תִפְדֶּ֖ה וַֽעֲרַפְתּ֑וֹ וְכֹ֨ל בְּכ֥וֹר אָדָ֛ם בְּבָנֶ֖יךָ תִּפְדֶּֽה:
firstborn donkey: But not the firstborn of other unclean animals (Mechilta). This is a biblical edict [decreed that the firstling donkey be redeemed] because the firstborn of the Egyptians were likened to donkeys. Moreover, because they [the donkeys] assisted the Israelites in their departure from Egypt, (for there was not a single Israelite who did not take donkeys from Egypt) laden with the silver and gold of the Egyptians. — [from Bech. 5b]
פטר חמר: ולא פטר שאר בהמה טמאה, וגזרת הכתוב היא לפי שנמשלו בכורי מצרים לחמורים. ועוד, שסייעו את ישראל ביציאתן ממצרים, שאין לך אחד מישראל שלא נטל הרבה חמורים טעונים מכספם ומזהבם של מצרים:
you shall redeem with a lamb: He must give the lamb to a kohen. The firstborn donkey is permitted to be used, and the lamb is the ordinary property [i.e., unconsecrated] of the kohen. — [from Bech. 9a, b] [I.e., the lamb has no sanctity and may be used by the kohen.]
תפדה בשה: נותן שה לכהן ופטר חמור מותר בהנאה והשה חולין ביד כהן:
you shall decapitate it: He decapitates it with a cleaver from behind and kills it (Bech. 13a). He caused the kohen to lose his money [by neglecting to give him the redemption lamb]. Therefore, he must lose his own money [by decapitating his donkey]. — [from Bech. 10b]
וערפתו: עורפו בקופיץ מאחוריו והורגו. הוא הפסיד ממונו של כהן, לפיכך יפסיד ממונו:
and every firstborn of man among your sons, you shall redeem: His redemption [price] is established elsewhere (Num. 18:16) as five selas.
וכל בכור אדם בבניך תפדה: חמש סלעים פדיונו קצוב במקום אחר:
14And it will come to pass if your son asks you in the future, saying, "What is this?" you shall say to him, "With a mighty hand did the Lord take us out of Egypt, out of the house of bondage. ידוְהָיָ֞ה כִּֽי־יִשְׁאָֽלְךָ֥ בִנְךָ֛ מָחָ֖ר לֵאמֹ֣ר מַה־זֹּ֑את וְאָֽמַרְתָּ֣ אֵלָ֔יו בְּחֹ֣זֶק יָ֗ד הֽוֹצִיאָ֧נוּ יְהֹוָ֛ה מִמִּצְרַ֖יִם מִבֵּ֥ית עֲבָדִֽים:
if your son asks you in the future: Heb. מָחָר מָחָר sometimes means “now” and מָחָר sometimes means “at a later time,” such as it does here and such as “In time to come מָחָר, your children might say to our children” (Josh. 22:24), which refers to the children of Gad and the children of Reuben. — [from Mechilta]
כי ישאלך בנך מחר: יש מחר שהוא עכשיו, ויש מחר שהוא לאחר זמן, כגון זה וכגון (יהושע כב כד) מחר יאמרו בניכם לבנינו, דבני גד ובני ראובן:
“What is this?”: This is [the question of] the simple child, [referred to in the Haggadah,] who does not know how to pose his question in depth, and asks a general question: “What is this?” Elsewhere it [Scripture] says: “What are the testimonies, the statutes, and the judgments, etc.?” (Deut. 6: 20). This is the question of the wise son. The Torah spoke regarding four sons: the wicked one (Exod. 12:26), the one who does not understand to ask (Exod. 13:8), the one who asks [a] general [question], and the one who asks in a wise manner. — [from Yerushalmi, Pes. 10:4]
מה זאת: זה תינוק טפש שאינו יודע להעמיק שאלתו וסותם ושואל מה זאת, ובמקום אחר הוא אומר (דברים ו כ) מה העדות והחקים והמשפטים וגו', הרי זאת שאלת בן חכם. דברה תורה כנגד ארבעה בנים, רשע ושאינו יודע לשאול והשואל דרך סתומה והשואל דרך חכמה:
15And it came to pass when Pharaoh was too stubborn to let us out, the Lord slew every firstborn in the land of Egypt, both the firstborn of man and the firstborn of beast. Therefore, I slaughter [for a sacrifice] all males that open the womb, and every firstborn of my sons I will redeem. טווַיְהִ֗י כִּֽי־הִקְשָׁ֣ה פַרְעֹה֘ לְשַׁלְּחֵ֒נוּ֒ וַיַּֽהֲרֹ֨ג יְהֹוָ֤ה כָּל־בְּכוֹר֙ בְּאֶ֣רֶץ מִצְרַ֔יִם מִבְּכֹ֥ר אָדָ֖ם וְעַד־בְּכ֣וֹר בְּהֵמָ֑ה עַל־כֵּן֩ אֲנִ֨י זֹבֵ֜חַ לַֽיהֹוָ֗ה כָּל־פֶּ֤טֶר רֶ֨חֶם֙ הַזְּכָרִ֔ים וְכָל־בְּכ֥וֹר בָּנַ֖י אֶפְדֶּֽה:
16And it shall be for a sign upon your hand and for ornaments between your eyes, for with a mighty hand did the Lord take us out of Egypt. טזוְהָיָ֤ה לְאוֹת֙ עַל־יָ֣דְכָ֔ה וּלְטֽוֹטָפֹ֖ת בֵּ֣ין עֵינֶ֑יךָ כִּ֚י בְּחֹ֣זֶק יָ֔ד הֽוֹצִיאָ֥נוּ יְהֹוָ֖ה מִמִּצְרָֽיִם:
and for ornaments between your eyes: Heb. וּלְטוֹטָפֹת, tefillin. Since they are [composed of] four compartments, they are called טֹטָפֹת, טט in Coptic meaning two, and פת in Afriki (Phrygian) meaning two (Men. 34b) [thus 2+2=4 boxes of tefillin]. Menachem (Machbereth Menachem p. 99), however, classified it [טוֹטָפֹת] with “Speak (הַטֵף) to the south” (Ezek. 21:2) and “Preach not (אַל-תּטִּיפוּ)” (Micah 2:6), an expression of speech, like “and as a remembrance” (Exod. 13:9), for whoever sees them [the tefillin] bound between the eyes will recall the miracle [of the Exodus] and speak about it.
ולטוטפת: תפילין, ועל שם שהם ארבעה בתים קרויין טטפת, טט בכתפי שתים, פת באפריקי שתים. ומנחם חברו עם (יחזקאל כא ב) והטף אל דרום, (מיכה ב ו) אל תטיפו, לשון דבור, כמו (לעיל פסוק ט) ולזכרון, שהרואה אותם קשורים בין העינים יזכור הנס וידבר בו:
Tehillim: Psalms Chapters 23 - 28
• Hebrew text
• English text
Chapter 23
Psalm 23, written by King David, is a timeless testament to the rock-solid faith of the Jewish people in knowing that G‑d is always with us, protecting and guiding our path.
1. A psalm by David. The Lord is my shepherd, I shall lack nothing.
2. He lays me down in green pastures; He leads me beside still waters.
3. He revives my soul; He directs me in paths of righteousness for the sake of His Name.
4. Though I walk in the valley of the shadow of death, I will fear no evil, for You are with me; Your rod and Your staff-they will comfort me.
5. You will prepare a table for me before my enemies; You have anointed my head with oil; my cup is full.
6. Only goodness and kindness shall follow me all the days of my life, and I shall dwell in the House of the Lord for many long years.
Chapter 24
If the fulfillment of one's prayer would result in the sanctification of God's Name, he should pray that God act for the sake of the holiness of His Name. One should also invoke the merit of his ancestors, for we know that "the righteous are greater in death than in life"
1. By David, a psalm. The earth and all therein is the Lord's; the world and its inhabitants.
2. For He has founded it upon the seas, and established it upon the rivers.
3. Who may ascend the mountain of the Lord, and who may stand in His holy place?
4. He who has clean hands and a pure heart, who has not used My Name in vain or sworn falsely.
5. He shall receive a blessing from the Lord, and kindness from God, his deliverer.
6. Such is the generation of those who search for Him, [the children of] Jacob who seek Your countenance forever.
7. Lift up your heads, O gates, and be lifted up, eternal doors, so the glorious King may enter.
8. Who is the glorious King? The Lord, strong and mighty; the Lord, mighty in battle.
9. Lift up your heads, O gates; lift them up, eternal doors, so the glorious King may enter.
10. Who is the glorious King? The Lord of Hosts, He is the glorious King for all eternity.
Chapter 25
The verses in this psalm are arranged according to the alphabet, excluding the letters Bet, Vav, and Kuf, which together equal the numerical value of Gehenom (purgatory). One who recites this psalm daily will not see the face of purgatory.
1. By David. To You, Lord, I lift my soul.
2. My God, I have put my trust in You. May I not be put to shame; may my enemies not gloat over me.
3. Indeed, may all who hope in You not be put to shame; let those who act treacherously without reason be shamed.
4. O Lord, make Your ways known to me; teach me Your paths.
5. Train me in Your truth and teach me, for You are the God of my salvation; I yearn for You all day.
6. O Lord, remember Your mercies and Your kindnesses, for they have existed for all time.
7. Do not recall the sins of my youth, nor my transgressions; remember me in accordance with Your kindness, because of Your goodness, O Lord.
8. Good and upright is the Lord, therefore He directs sinners along the way.
9. He guides the humble with justice, and teaches the humble His way.
10. All the paths of the Lord are kindness and truth for those who observe His covenant and testimonies.
11. For the sake of Your Name, O Lord, pardon my iniquity, for it is great.
12. Whoever is a God-fearing man, him will He teach the path that he should choose.
13. His soul will abide in well-being, and his descendants will inherit the earth.
14. The secret of the Lord is to those who fear Him; He makes His covenant known to them.
15. My eyes are always turned to the Lord, for He releases my feet from the snare.
16. Turn to me and be compassionate to me, for I am alone and afflicted.
17. The sufferings of my heart have increased; deliver me from my hardships.
18. Behold my affliction and suffering, and forgive all my sins.
19. See how numerous my enemies have become; they hate me with a violent hatred.
20. Guard my soul and deliver me; may I not be put to shame, for I place my trust in You.
21. Let integrity and uprightness guard me, for my hope is in You.
22. Redeem Israel, O God, from all its afflictions.
Chapter 26
In this psalm King David inundates God with prayers and acts of piety, because he envies those who are his spiritual superiors, saying, "If only I were on their level of piety and virtue!"
1. By David. Judge me, O Lord, for in my innocence I have walked, and in the Lord I have trusted-I shall not falter.
2. Try me, O Lord, and test me; refine my mind and heart.
3. For Your kindness is before my eyes, and I have walked constantly in Your truth.
4. I did not sit with men of falsehood, and with hypocrites I will not mingle.
5. I detested the company of evildoers, and with the wicked I will not sit.
6. I wash my hands in purity, and circle Your altar, O Lord,
7. to give voice to thanks, and to recount all Your wonders.
8. I love the shelter of Your House, O Lord, and the place where Your glory resides.
9. Gather not in my soul with sinners, nor my life with men of bloodshed,
10. In whose hands are schemes, and whose right hand is filled with bribes.
11. But I walk in my innocence; redeem me and show me favor.
12. My foot stands on level ground; in assemblies I will bless the Lord.
Chapter 27
King David acknowledges and praises God, placing his trust in Him because of his victories in war. "Nevertheless, it is not wars that I desire, for I cannot gain perfection with them. Only one thing do I ask: to abide day and night in the study hall studying Torah, to gain perfection so that my soul may merit the life of the World to Come."
1. By David. The Lord is my light and my salvation-whom shall I fear? The Lord is the strength of my life-whom shall I dread?
2. When evildoers approached me to devour my flesh, my oppressors and my foes, they stumbled and fell.
3. If an army were to beleaguer me, my heart would not fear; if war were to arise against me, in this I trust1
4. One thing I have asked of the Lord, this I seek: that I may dwell in the House of the Lord all the days of my life, to behold the pleasantness of the Lord, and to visit His Sanctuary.
5. For He will hide me in His tabernacle on a day of adversity; He will conceal me in the hidden places of His tent; He will lift me upon a rock.
6. And then my head will be raised above my enemies around me, and I will offer in His tabernacle sacrifices of jubilation; I will sing and chant to the Lord.
7. Lord, hear my voice as I call; be gracious to me and answer me.
8. In Your behalf my heart says, "Seek My countenance"; Your countenance, Lord, I seek.
9. Do not conceal Your countenance from me; do not cast aside Your servant in wrath. You have been my help; do not abandon me nor forsake me, God of my deliverance.
10. Though my father and mother have forsaken me, the Lord has taken me in.
11. Lord, teach me Your way and lead me in the path of righteousness, because of my watchful enemies.
12. Do not give me over to the will of my oppressors, for there have risen against me false witnesses, and they speak evil.
13. [They would have crushed me] had I not believed that I would see the goodness of the Lord in the land of the living.
14. Hope in the Lord, be strong and let your heart be valiant, and hope in the Lord.
FOOTNOTES
1.I trust that “the lord is my light and salvation” etc. (Rashi)
Chapter 28
A prayer for every individual, entreating God to assist him in walking the good path, to prevent him from walking with the wicked doers of evil, and that He repay the wicked for their wickedness and the righteous for their righteousness.
1. By David. I call to You, O Lord; my Strength, do not be deaf to me; for should You be silent to me, I will be like those who descend to the pit.
2. Hear the sound of my pleas when I cry out to You, when I raise my hands toward Your holy Sanctuary.
3. Do not draw me along with the wicked, with evildoers who speak of peace with their companions, though evil is in their heart.
4. Give them according to their deeds, and the evil of their endeavors; give them according to their handiwork, render to them their just desserts.
5. For they pay no heed to the acts of the Lord, nor to the work of His hands; may He destroy them and not rebuild them.
6. Blessed is the Lord, for He has heard the voice of my pleas.
7. The Lord is my strength and my shield; in Him my heart trusted and I was helped; my heart exulted, and with my song I praised Him.
8. The Lord is a strength to them; He is a stronghold of deliverance to His anointed.
9. Grant salvation to Your people and bless Your heritage; tend them and exalt them forever.
Tanya: Likutei Amarim, end of Chapter 19
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Shabbat, Shevat 4, 5778 · January 20, 2018
Today's Tanya Lesson
Likutei Amarim, end of Chapter 19
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אלא שגלות הזה לבחינת חכמה אינו אלא לבחינה המתפשטת ממנה בנפש כולה להחיותה
But this exile of the faculty of Chochmah affects only that aspect of it which is diffused throughout the Nefesh and animates it [with Divine vitality].
Being in exile, it is unable to pervade the entire soul, and through it the entire body, with the feeling of self-nullification before G‑d characteristic of Chochmah; thus, in this state of exile, it is unable to prevent one from sinning.
אבל שרש ועיקר של בחינת חכמה שבנפש האלקית הוא במוחין, ואינה מתלבשת בלבוש שק דקליפה שבלב בחלל השמאלי בבחינת גלות ממש
Yet, the root and core of the Chochmah in the divine soul is in the brain, and does not clothe itself in the sackcloth of the kelipah in the left part of the heart, in a true state of exile, i.e., so that it be powerless to prevent one from sinning.
רק שהיא בבחינת שינה ברשעים ואינה פועלת פעולתה בהם, כל זמן שעסוקים בדעתם ובינתם בתאות העולם
It is merely dormant in the case of the wicked, not exercising its influence within them (i.e., not creating within the Jew the spirit of self-nullification before G‑d that it ought to create), as long as their knowledge and understanding are preoccupied with mundane pleasures.
The soul-faculties of “knowledge” (Daat) and “understanding” (Binah) are lower than Chochmah; yet the level of Chochmah is prevented from acting upon them (and upon the other, still lower, faculties) as long as they are immersed in mundane pleasures. Thus, the Chochmah of their divine soul is dormant, not dead. It has lost none of its potency, only its ability to exercise it; just as when one sleeps he retains full possession of his faculties though he cannot use them.
אך כשבאים לידי נסיון בדבר אמונה, שהיא למעלה מהדעת ונגעה עד הנפש לבחינת חכמה שבה
However, when they (the wicked) are confronted with a test of faith, which transcends knowledge, touching the very soul and the faculty of Chochmah within it — the source of faith,
אזי היא ניעורה משנתה ופועלת פעולתה בכח ה׳ המלובש בה
then it “arises from its sleep” (i.e., Chochmah reveals itself) and it exerts its influence with the Divine force that is clothed in it (its influence being to create a spirit of self-sacrifice for G‑d, as the Alter Rebbe states further).
וכמו שכתוב: ויק׳ כישן ה׳
As it is written:1 “Then the L‑rd awakened as one out of sleep.”
This verse refers also to the level of Chochmah and the light of the Ein Sof clothed therein, which was previously in a state of “sleep” — inactive — but “arises” and exerts its influence when faced with a test of faith.
לעמוד בנסיון באמונת ה׳ בלי שום טעם ודעת ושכל מושג לו
The revelation of Chochmah leads even the sinner to withstand the test of faith in G‑d, without any reasoning or knowledge that he can comprehend which would motivate him to sacrifice his life,
להתגבר על הקליפות ותאוות עולם הזה בהיתר ובאיסור שהורגל בהם, ולמאוס בהם
and to prevail over the kelipot and over his desires toward worldly matters, both permitted and forbidden, which he was accustomed to indulge, and even to despise them,
I.e., in this state of readiness for martyrdom, the sinner not only overcomes his desires for worldly pleasures, but loses them entirely, and the objects of his past desires are now detestable to him,
ולבחור לו ה׳ לחלקו ולגורלו
and to choose G‑d as his portion and his lot,
I.e., he dedicates to G‑d both his internal faculties of intellect and emotion, referred to as one’s “portion”, and his higher transcendent faculties — his will and pleasure, which are called one’s “lot”,
למסור לו נפשו על קדושת שמו
so that he is prepared to offer his soul to G‑d in martyrdom for the sanctification of His Name.
ואף כי הקליפות גברו עליו כל ימיו ולא יכול להם, כמאמר רז״ל: שהרשעים הם ברשות לבם
Although the kelipot prevailed over him (over this sinner who is now prepared to accept martyrdom) all his life, and he was impotent against them, as the Rabbis have said that2 “The wicked are under the control of their heart,” i.e., the animal soul of the kelipah, situated in the left part of the heart,
מכל מקום כשבא לידי נסיון בדבר אמונה בה׳ אחד, שיסודתה בהררי קודש היא בחינת חכמה שבנפש האלקית, שבה מלובש אור אין סוף ברוך הוא
nevertheless, when he faces a test challenging his faith in the one G‑d, [a faith] whose foundation is in [that level of the divine soul called] “the heights of holiness,” namely, the faculty of Chochmah which is called קודש — the source of holiness — as previously explained, in which is clothed the light of Ein Sof, blessed be He,
הרי כל הקליפות בטלים ומבוטלים, והיו כלא היו ממש לפני ה׳
then all the kelipot become nullified, and they vanish as though they had never been, in the presence of the L‑rd.
כדכתיב: כל הגוים כאין נגדו וגו׳, וכתיב: כי הנה אויביך ה׳ כי הנה אויביך יאבדו יתפרדו וגו׳, וכתיב: כהמס דונג מפני אש יאבדו וגו׳, וכתיב: הרים כדונג נמסו
So it is written:3 “All the nations including also the kelipot are as nothing before Him”; and4 “For all Your enemies, O L‑rd, referring also to the kelipot, which are the ”enemies of G‑d,“ all Your enemies will perish, they will be scattered…”; and again,5 “As wax melts before fire, so shall the wicked perish”; and6 “The hills referring to the kelipot which are compared to hills by reason of their hauteur melted like wax.”
All these verses illustrate how the kelipot vanish when the light of G‑d found in the Chochmah of the divine soul reveals itself. Therefore, despite the fact that kelipot always had the upper hand over a sinner, he is able to overcome them when his faith is challenged. We thus see that every Jew has an inherent ability to overcome temptation by virtue of his soul’s “hidden love” of G‑d originating in its faculty of Chochmah. He need merely arouse it.
The Alter Rebbe now goes on to explain how this “hidden love” also comprises the fear of G‑d necessary in observing the prohibitive commandments.
והנה אור ה׳ אין סוף ברוך הוא המלובש בחכמה שבנפש, גדול ועצום כחו כל כך
The force of the Divine light of the Ein Sof that is clothed in the soul’s faculty of Chochmah is so intense
לגרש ולדחות הסטרא אחרא והקליפות שלא יוכלו יגעו אפילו בלבושיו, שהם מחשבה דבור ומעשה של אמונת ה׳ אחד
as to banish and repel the sitra achra and the kelipot so that they are unable to touch even its “garments”, namely the thought, speech, and action that express one’s faith in the unity of G‑d.
That is, not only can the kelipot not weaken one’s faith, but they cannot even prevent his faith from expressing itself in thought, speech and action.
דהיינו לעמוד בנסיון למסור נפשו אפילו שלא לעשות רק איזה מעשה לבד נגד אמונת ה׳ אחד, כגון להשתחוות לעבודה זרה אף שאינו מאמין בה כלל בלבו
This means that the Divine light vested in Chochmah enables him to withstand a test of self-sacrifice, to the extent of even refusing to do a mere (empty) act that is contrary to his belief in the one G‑d, e.g., to bow down before an idol, even without acknowledging it in his heart at all, in which case it is not his faith that is being challenged, but its expression in the act of prostrating oneself; and even for his expression of faith a Jew will give his life.
וכן שלא לדבר תועה חס ושלום על אחדות ה׳ אף שאין פיו ולבו שוין, רק לבו שלם באמונת ה׳
So too he will sacrifice his life so as not to speak falsely (G‑d forbid) concerning the unity of G‑d, even where his words do not reflect his true feelings, for his heart is perfect in its belief in G‑d.
This readiness for self-sacrifice is not an expression of one’s love of G‑d which reveals itself when confronted with a test of faith, for his love is not directly affected by such empty actions or words. Rather, it expresses the fear contained in the “hidden love,” the fear of being torn away from G‑d.
וזה נקרא דחילו הנכלל ברחימו, שהיא אהבה הטבעית שבנפש האלקית שבכללות ישראל, שחפצה ורצונה בטבעה לידבק בשרשה ומקורה אור אין סוף ברוך הוא
This is called “the fear contained in love,” meaning the natural love found in the divine soul of all Jews, whose intrinsic desire and will is to be attached to its origin and source — the light of the blessed Ein Sof.
שמפני אהבה זו ורצון זה היא יראה ומפחדת בטבעה מנגוע בקצה טומאת עבודה זרה חס ושלום, שהיא נגד אמונת ה׳ אחד
For by virtue of this love and this desire it instinctively recoils in fear and dread from touching (G‑d forbid) even the fringe of the impurity of idolatry, which denies the faith in G‑d’s unity,
אפילו בלבושיה החיצונים שהם דבור או מעשה, בלי אמונה בלב כלל
even where such contact involves only its outer garments, namely, (idolatrous) speech and action, without any faith whatever in the heart in the validity of the idol worship.
Even this the soul dreads; and this dread represents the fear contained in the “hidden love.”
When a Jew considers that he would willingly give up his life rather than be parted from G‑d, he will surely realize that: (a) he should certainly refrain from sin for the very same reason, since every sin tears one away from G‑d; and (b) he ought to fulfill all the commandments, for through them one achieves the objective of his “hidden love” — unity with G‑d. In this way one may utilize his “hidden love” and the fear of G‑d contained in it as a motivation for observing all the commandments, as will be explained at length in the coming chapters.
——— ● ———
| FOOTNOTES | |
| 1. | Tehillim 78:65. |
| 2. | Bereishit Rabbah 34:11. |
| 3. | Yeshayahu 40:17. |
| 4. | Tehillim 92:10. |
| 5. | Ibid. 68:3. |
| 6. | Ibid. 97:5. |
• Sefer Hamitzvot:
English Text | Hebrew Text
Audio: Listen | Download | Video ClassShabbat, Shevat 4, 5778 · January 20, 2018
Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
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Positive Commandment 93
The Procedure for the Conclusion of a Nazirite Term
"When the days of his nazirite vow are fulfilled..."—Numbers 6:13.
When a nazirite concludes his term, he must follow the procedure outlined in the Torah, which includes shaving his head and bringing specified sacrifices.
Full text of this Mitzvah »
The Procedure for the Conclusion of a Nazirite Term
Positive Commandment 93
Translated by Berel Bell
The 93rd mitzvah is that the Nazirite is commanded to cut his hair and offer sacrifices at the conclusion of his Nazirite period.
In the words of the Sifra: "There are three cases in which haircutting is a mitzvah — the Nazirite, the leper, and the Levite." The haircutting of the Levites only took place in the desert1 and is not a commandment for all generations [and is therefore not counted among the count of 613].2 The haircutting of the Nazirite and the leper, however, apply to all generations [and therefore are counted among the 613].
It is clear that there are two categories of haircutting for a Nazirite. One is in a case where he became tameh, as the verse says,3 "If a person dies in his presence suddenly...[when he purifies himself on the seventh day, he must shave off the hair on his head]."
The second category is cutting his hair while he is in a state of purity, as the verse says,4 "[This is the law of what the Nazirite must do] when the term of his Nazirite vow is complete."
These two haircuttings do not count as two separate mitzvos, since the first one is included in the general requirement upon the Nazirite to allow his hair to grow when he is in a state of holiness, as explained above.5 The verses then elaborates upon this mitzvah [of letting the hair grow], saying that should he become tameh during his Nazirite period, he must cut his hair and bring offerings. He must then resume once again growing his hair in a state of holiness for the complete duration of his vow.6
This case is similar to the two haircuttings of the leper which also count as one mitzvah, as explained there.7
Later,8 I will explain why the haircutting of the Nazirite and the sacrifices9 he brings are counted as just one mitzvah, although the haircutting of the leper and his sacrifices are counted as separate mitzvos.
The details of the mitzvah regarding the Nazirite's haircutting are explained in tractate Nazir.
FOOTNOTES
1.
Numbers 8:7.
2.See the third Introductory Principle.
3.Num. 6:9.
4.Ibid. 6:13.
5.P92.
6.Therefore, this haircutting is included in the mitzvah of allowing his hair to grow.
7.P111.
8.Ibid.
9.As explained in Num. 6:14, at the conclusion of his Nazirite period, he must bring three offerings: a male sheep for an olah, a female sheep for a chatos, and a ram for a sh'lamim.
Positive Commandment 114
Donating the Value of a Person
"If a man makes a vow, [pledging] the value of lives"—Leviticus 27:2.
If a person pledges to give the value of a particular person to G‑d, he must follow the law prescribed in the Torah. The amount owed depends on the age and gender of the person whose value was pledged, and also on the financial means of the person who made the pledge.
Full text of this Mitzvah »
Donating the Value of a Person
Positive Commandment 114
Translated by Berel Bell
The 114th mitzvah is that we are commanded regarding the financial evaluation (erachin) of a person, e.g. when a person says, "I promise to give my value," or "I promise to give the value of (a particular person)." Then, if the person is a male, he must give a certain amount, and if female, a certain amount. The amount also varies according to the age [of the person being evaluated] and the financial state of the one making the vow.
The source of this commandment is G‑d's statement,1 "When a person makes a vow regarding the value of a person...."
The details of this mitzvah are explained in tractate Erachin.
FOOTNOTES
1.Lev. 27:2.
Rambam:
• 1 Chapter A Day: Shabbat Shabbat - Chapter Eight
English Text | Hebrew Text
Audio: Listen | Download | Video ClassShabbat - Chapter Eight
1
A person who plows even the slightest amount [of earth] is liable.1 One who weeds around the roots of trees, cuts off grasses, or prunes shoots to beautify the land2 - these are derivatives of plowing. One is liable for performing even the slightest amount of these activities.
Similarly, one who levels the surface of a field - e.g., one who lowers a mound and flattens it or fills a vale - is liable for [performing a derivative of] plowing.3 [One is liable for performing] the slightest amount of these activities. Similarly, one who levels cavities [in the ground] to even the slightest degree is liable.
א
החורש כל שהוא חייב. המנכש בעיקרי האילנות והמקרסם עשבים או המזרד את השריגים כדי ליפות את הקרקע הרי זה תולדת חורש ומשיעשה כל שהוא חייב. וכן המשוה פני השדה כגון שהשפיל התל ורדדו או מילא הגיא חייב משום חורש. ושיעורו כל שהוא. וכן כל המשוה גומות שיעורו כל שהוא:
2
A person who sows even the slightest amount is liable.4 A person who prunes a tree so that it grows performs an activity resembling sowing.5 In contrast, watering plants and trees on the Sabbath is considered merely a derivative of sowing.6 One is liable for even the slightest amount. Similarly, one who soaks the seeds of wheat, barley, and the like in water [performs] a derivative of sowing7 and is liable for even the slightest amount.
ב
הזורע כל שהוא חייב. הזומר את האילן כדי שיצמח הרי זה מעין זורע. אבל המשקה צמחין ואילנות בשבת הרי זה תולדת זורע וחייב בכל שהוא. וכן השורה חיטין ושעורין וכיוצא בהן במים הרי זה תולדת זורע וחייב בכל שהוא:
3
One who reaps an amount the size of a dried fig is liable.8 Plucking [fruit] is considered a derivative of reaping.9 Similarly, any person who removes produce from where it is growing is liable for reaping. Therefore, a person who removes grass growing from a rock, a parasite plant that grows on shrubs, or grasses that grow on a barrel is liable, for this is the place where they grow.10
In contrast, a person who removes [fruit from a plant growing] in a flower pot that is not perforated is not liable, for this is not the [ordinary] place from which it grows.11 If, however, the flower pot has a hole the size of a small root, [the plant] is considered as growing in the ground12 and a person who picks fruit from it is liable.
ג
הקוצר כגרוגרת חייב. ותולש תולדת קוצר הוא. וכל העוקר דבר מגידולו חייב משום קוצר. לפיכך צרור שעלו בו עשבים וכשות שעלה בסנה ועשבים שצמחו על גב החבית. התולש מהן חייב שזה הוא מקום גידולן.אבל התולש מעציץ שאינו נקוב פטור מפני שאין זה מקום גידולו. ועציץ נקוב בכדי שרש קטן הרי הוא כארץ והתולש ממנו חייב.
4
Whenever reaping from a plant causes it to grow larger - e.g., cattle-grass or beets - a person who harvests it without knowing of the prohibition involved is liable for two sin offerings: one because he [performed the labor of] reaping, and one because he [performed the labor of] planting.13 Similarly, a person who prunes [a tree] and desires to use [the branches he prunes] is liable for reaping and planting.
[The following rules apply to] a clod of earth on which grass is growing: If one lifted it from the earth and placed it on staves, one is liable for uprooting. If it was supported by staves and one placed it on the earth, one is liable for planting.14
When figs have dried out while on the tree, and similarly, [other] trees whose fruits have dried out - a person who picks them on the Sabbath is liable15 although they are considered to be detached [from the tree] with regard to the laws of ritual purity.16
ד
כל זרע שקצירתו מצמחת אותו ומגדלתו כגון אספסתא וסלקא. הקוצרו בשגגה חייב שתי חטאות. אחת מפני שהוא קוצר ואחת מפני שהוא נוטע. וכן הזומר והוא צריך לעצים חייב משום קוצר ומשום נוטע. גבשושית של עפר שעלו בה עשבים הגביהה מעל הארץ והניחה על גבי יתדות חייב משום תולש. היתה על גבי יתדות והניחה על הארץ חייב משום זורע. תאנים שיבשו באיביהן וכן אילן שיבשו פירותיו בו. התולש מהן בשבת חייב אף על פי שהן כעקורין לענין טומאה.
5
[The following rules apply to] one who uproots chicory or who prunes moist shoots:17 If he intends to use them as food [for human beings], the minimum measure [for which one is held liable for reaping] is the size of a dried fig.18 If he intends to use them as animal [fodder], the minimum measure is the amount necessary to fill the mouth of a young kid.19 If he intends to use them for kindling, the minimum measure is the amount necessary to cook an egg.20
[Similar measures apply with regard to the forbidden labor of] collecting food:21 If [one's intent is to use it] as [food for human beings], the minimum measure [for which one is held liable] is the size of a dried fig. [If one's intent is] for animal [fodder], the minimum measure is the amount necessary to fill the mouth of a young kid. [If one's intent is] for kindling, the minimum measure is the amount necessary to cook an egg.
Whenever the term "an egg" is used, the intent is an average-size chicken egg.22 Whenever the term "the amount necessary to cook an egg" is used, the intent is the amount necessary to cook a portion of an egg the size of a dried fig. A dried fig is one-third the size of an egg.23
[The forbidden labor of] collecting food applies only with regard to [collecting] the earth's produce.24
ה
התולש עולשין המזרד זרדין. אם לאכילה שיעורו כגרוגרת. ואם לבהמה שיעורו כמלוא פי גדי. ואם להסקה שיעורו כדי לבשל ביצה. המעמר אוכלין אם לאכילה שיעורו כגרוגרת. ואם עמר לבהמה שיעורו כמלוא פי גדי. ואם להסקה שיעורו כדי לבשל ביצה . וביצה האמורה בכל מקום היא ביצה בינונית של תרנגולין. וכל מקום שנאמר כדי לבשל ביצה הוא כדי לבשל כגרוגרת מביצה וגרוגרת אחד משלשה בביצה. ואין עמור אלא בגדולי קרקע:
6
A person who collects figs25 and makes a chain from them or one who pierces a hole through dates and passes a string through them until they are collected as a single entity performs a derivative26 of the forbidden labor of collecting sheaves. The same applies in other similar circumstances.
ו
המקבץ דבילה ועשה ממנה עגולה או שנקב תאנים והכניס החבל בהן עד שנתקבצו גוף אחד. הרי זה תולדת מעמר וחייב וכן כל כיוצא בזה:
7
A person who threshes [an amount of grain the size of] a dried fig is liable. [The forbidden labor of] threshing applies only with regard to the earth's produce.27
Extracting produce from its shell28 is a derivative of threshing; [a person who performs this activity] is liable. The same applies in all similar situations. Similarly, a person who milks an animal is liable for extracting food.29
By the same token, a person who wounds an animal that has a hide30is liable for extracting,31 provided he requires the blood32that flows from the wound. If, however, his intent is merely to wound [the animal], he is not liable, because his activity is destructive in nature.33 One is not liable unless one extracts a quantity of blood or milk equivalent to the size of a dried fig.34
ז
הדש כגרוגרת חייב ואין דישה אלא בגדולי קרקע. והמפרק הרי היא תולדת הדש וחייב וכן כל כיוצא בזה. החולב את הבהמה חייב משום מפרק. וכן החובל בחי שיש לו עור חייב משום מפרק. והוא שיהיה צריך לדם שיצא מן החבורה. אבל אם נתכוון להזיק בלבד פטור מפני שהוא מקלקל. ואינו חייב עד שיהיה בדם או בחלב שהוציא כגרוגרת:
8
When does the above apply? When one wounds an animal, a wild beast, a fowl, or the like. If one wounds a fellow man, by contrast, one is liable although one's intent is to injure, for [this activity generates] pleasure.35 It causes one's feelings to cool and one's anger to subside. Therefore, it is considered "constructive" in nature. Accordingly, even if one does not require the blood that one extracts, one is liable.36
ח
במה דברים אמורים בחובל בבהמה וחיה ועוף וכיוצא בהם. אבל החובל בחבירו אף על פי שנתכוון להזיק חייב מפני נחת רוחו שהרי נתקררה דעתו ושככה חמתו והרי הוא כמתקן. ואף על פי שאינו צריך לדם שהוציא ממנו חייב:
9
The eight creeping animals mentioned in the Torah37 have hides whose status is analogous to those of animals, beasts, and fowl with regard to the Sabbath laws.38 Other small creatures and crawling animals are not considered to have a hide [whose status is significant with regard to the Sabbath laws]. Therefore, one who wounds them is not liable.39
One who wounds an animal, beast, fowl, or one of the above-mentioned eight creeping animals is liable whether he caused an open wound from which they bled or he made a bruise that caused internal bleeding.
ט
שמנה שרצים האמורים בתורה הן שיש להן עורות לענין שבת כמו חיה ובהמה ועוף. אבל שאר שקצים ורמשים אין להן עור. לפיכך החובל בהן פטור. ואחד החובל בבהמה חיה ועוף או בשמנה שרצים ועשה בהן חבורה ויצא מהם דם או שנצרר הדם אע"פ שלא יצא חייב.
10
A person who squeezes fruit to extract its juice is liable for extracting. One is not liable until he extracts an amount of juice equivalent to the size of a dried fig. From the Torah itself, one is liable for pressing only grapes and olives.40
It is, [however,] permitted to squeeze a cluster of grapes directly into food, since a liquid that is absorbed into food is considered as food. Thus, one is considered to be extracting food from food.41 Nevertheless, if one squeezes these liquids into a vessel that does not contain food,42 this is considered pressing and one is liable.
[Similarly,] one who milks directly into food43 or one who sucks with his mouth is not liable.44 One is liable only when one milks into a container.45
י
הסוחט את הפירות להוציא מימיהן חייב משום מפרק. ואינו חייב עד שיהיה במשקין שסחט כגרוגרת. ואין חייבים מן התורה אלא על דריכת זיתים וענבים בלבד. ומותר לסחוט אשכול של ענבים לתוך האוכל. שמשקה הבא לאוכל אוכל הוא ונמצא כמפרק אוכל מאוכל. אבל אם סחט לכלי שאין בו אוכל הרי זה דורך וחייב. והחולב לתוך האוכל או היונק בפיו פטור ואינו חייב עד שיחלוב לתוך הכלי:
11
A person who winnows or separates [an amount of food the size of] a dried fig is liable.46 Causing milk to curdle is a derivative [of the category] of separating.
Similarly, a person who separates the dregs from liquids is liable for having performed a derivative of separating or a derivative of sifting.47 [The particular category of forbidden labor is not defined,] because the labors of winnowing, separating, and sifting resemble each other.48 [If so,] why were they reckoned as three [separate categories? Because every labor that was performed in the Sanctuary is counted as a separate category.
יא
הזורה או הבורר כגרוגרת חייב. והמחבץ הרי הוא תולדת בורר. וכן הבורר שמרים מתוך המשקין הרי זה תולדת בורר או תולדת מרקד וחייב. שהזורה והבורר והמרקד דומין עניניהם זה לזה. ומפני מה מנו אותן בשלשה מפני שכל מלאכה שהיה במשכן מונין אותה בפני עצמה:
12
A person who separates food from unwanted matter49 and one who separates one type of food from another food50 using a sifter or a strainer is liable. If one separates using a tray51 or a pot with compartments,52 one is not liable. It is permitted to separate food by hand to eat immediately.53
יב
הבורר אוכל מתוך פסולת או שהיו לפניו שני מיני אוכלין ובירר מין ממין אחר בנפה ובכברה חייב. בקנון או בתמחוי פטור. ואם בירר בידו לאכול לאלתר מותר:
13
A person who separates unwanted matter from food is liable,54 even if he does so using only one hand.55 A person who separates turmos beans from their shucks is liable, for the shucks sweeten them when they are cooked together. Therefore, one is considered to be taking unwanted matter from food and is held liable.56
A person who separates food from unwanted matter by hand and sets it aside [to serve] at a later time,57 even later on [the Sabbath] itself, is considered to have separated for the purpose of storage and is held liable.
If there were two types of food mixed together before a person, he may separate one from the other and place it aside to eat immediately. If he separated [one from the other] and set it aside [to serve] at a later time, even later on [the Sabbath] itself, he is liable - for example, one separated food in the morning to eat in the late afternoon.58
יג
והבורר פסולת מתוך האוכל ואפילו בידו אחת חייב. והבורר תורמוסין מתוך פסולת שלהן חייב מפני שהפסולת שלהן ממתקת אותן כשישלקו אותן עמהם ונמצא כבורר פסולת מתוך אוכל וחייב. הבורר אוכל מתוך פסולת בידו להניחו אפילו לבו ביום נעשה כבורר לאוצר וחייב. היו לפניו שני מיני אוכלין מעורבין בורר אחד מאחר ומניח לאכול מיד. ואם בירר והניח לאחר זמן אפילו לבו ביום כגון שבירר בשחרית לאכול בין הערביים חייב:
14
A person who filters the dregs from wine, oil, water, or other liquids, using a utensil appropriate for this purpose59 is liable,60 provided he removes the dregs from an amount of liquid equivalent to the size of a dried fig. One may, however, filter wine61 that has no dregs, or clear water, with a handkerchief or with an Egyptian basket62 so they will become crystal clear.63
We may pour water over wine dregs64 so they will become clear.65 [Similarly,] we may place a raw egg in a mustard strainer so that it becomes clear.66
When one has mixed mustard on Friday, one may stir it by hand or with a utensil to make it fit to drink [on the Sabbath].67 Similarly, while wine is in the process of fermentation, one may pour out a barrel of wine together with the dregs over handkerchiefs, for the dregs have not been finely separated from the wine and they are still considered a single mixture.68 The same applies to mustard and all similar substances.69
יד
המשמר יין או שמן או מים וכן שאר המשקין במשמרת שלהן חייב. והוא שישמר כגרוגרת. אבל מסננין יין שאין בו שמרים או מים צלולין בסודרין ובכפיפה מצרית כדי שיהא צלול ביותר. ונותנין מים על גבי שמרים בשביל שיצולו. ונותנין ביצה טרופה למסננת של חרדל כדי שיצלל. חרדל שלשו מערב שבת. למחר ממחה ושותה בין ביד בין בכלי. וכן יין מגתו כל זמן שהוא תוסס טורף חבית בשמריה ונותן לתוך הסודרין. שעדיין לא נפרשו השמרים מן היין יפה יפה וכל היין כגוף אחד הוא. וכן החרדל וכל כיוצא בו:
15
A person who grinds [an amount of grain the size of] a dried fig is liable. One who crushes spices or herbs in a mortar is performing the labor of grinding and is held liable.70
A person who cuts a vegetable that has been detached from its source [into small pieces] performs a derivative of the labor of grinding.71
Similarly, a person who saws wood in order to benefit from the sawdust, and similarly, one who files a piece of metal is liable72for filing even the slightest amount.73 A person who chops wood is not liable [for grinding] until he produces enough chips to cook an amount of egg the size of a dried fig.74
טו
הטוחן כגרוגרת חייב. וכל השוחק תבלין וסמנין במכתשת הרי זה טוחן וחייב. המחתך ירק תלוש הרי זה תולדת טוחן. וכן הנוסר עצים ליהנות בנסורת שלהן. או השף לשון של מתכת חייב משישוף כל שהוא. אבל המחתך עצים אינו חייב עד שידקדק מהן כדי לבשל כגרוגרת מביצה:
16
A person who sifts [an amount of flour the size of] a dried fig is liable.75
A person who kneads [dough76 the size of] a dried fig is liable. Mixing earth [for use as cement] is a derivative of kneading. What is the minimum amount for which one is liable? The amount necessary to make a crucible for a goldsmith.77 The activity of mixing cement cannot be performed with ash, coarse sand, bran, or the like.78
A person who places sesame seeds, flax seeds, or the like in water is liable for kneading,79 because they become attached to each other.
טז
המרקד כגרוגרת חייב הלש כגרוגרת חייב המגבל את העפר הרי זה תולדת לש. וכמה שיעורו כדי לעשות פי כור של צורפי זהב. ואין גיבול באפר ולא בחול הגס ולא במורסן ולא בכיוצא בהן. והנותן זרע שומשמין או זרע פשתן וכיוצא בהן במים חייב משום לש. מפני שהן מתערבין ונתלין זה בזה.
FOOTNOTES
1.
Since one can plant a seed in even the tiniest hole, even the smallest amount of plowing is considered significant (Shabbat 103a).
2.
Our translation is based on the Rambam's Commentary on the Mishnah, Shabbat 12:2. Note Rashi and others, who offer different interpretations.
In his Commentary on the Mishnah (loc. cit.), the Rambam emphasizes that if one's intent when performing these activities is to gather the growths one is cutting, one is liable for reaping. If one's intent is to improve the tree so that it will grow better, one is liable for sowing, as stated in the following halachah.
3.
Note Shabbat 73b, which states that the Rambam's statements apply when these activities are performed outside. A person who performs these activities inside a house is liable for building. See Chapter 10, Halachah 12.
4.
One is liable for sowing even the tiniest seed, since from it, a l arge plant can grow.
5.
See Chapter 7, Halachah 3, and notes.
6.
Since watering does not involve a seed, plant, or tree itself (as do all of the activities mentioned in Chapter 7, Halachah 2), it is considered merely a derivative of sowing.
7.
In one of his responsa, the Rambam explains that the source for his statements is Zevachim 94b, which mentions that one is liable for soaking seeds so they sprout. Others point to Shabbat 17b, which states that one is liable for soaking vetch, a type of bean fed to cattle.
8.
Reaping is important because it provides food for us to eat. Since an amount smaller than a dried fig is not considered a significant measure of food, one is not held liable for reaping until one reaps that amount.
9.
Plucking the fruit is considered merely as a derivative, because in contrast to reaping, which is done with a utensil, plucking is done by hand (Lechem Mishneh).
10.
I.e., since these plants grow naturally in these places, one is held liable for removing them.
11.
Such plants grow naturally in the ground. By planting them in a flower pot, one separates them from their normal place of growth. Hence, they are no longer considered to be connected to their source, and according to the Torah there is no prohibition against picking fruit from such a plant. There is, however, a Rabbinic prohibition involved. (See Shulchan Aruch, Orach Chayim 336:7- 8.)
12.
It is able to receive nurture from the earth through the hole. (See Rashi, Shabbat 107b.) The above applies only in homes with earth floors where there is no interruption (except air) between the flower pot and the earth. See Shemirat Shabbat Kehilchasah, p. 326.
The difference between a flower pot that is perforated and one that is not perforated is relevant in many different contexts within Torah law. (See Hilchot Kilayim 1:2, 5:16; Hilchot Mechirah 3:16, and other sources.)
13.
Although the person performed merely one activity, since this activity produces effects that parallel those accomplished by two separate forbidden labors, he is liable to bring a sin offering for each.
14.
Significantly, Rashi (Shabbat 81b) and others maintain that one is not held liable in this instance. Although such activity is forbidden by Rabbinic decree, since the connection between the flower pot and the ground was never interrupted, one is not considered to have uprooted the plant (Shulchan Aruch HaRav 336:12).
15.
Since they remain attached to the tree, they are governed by the same rules as other fruit.
Tosafot (Shabbat 150b) maintains that this ruling applies only when the stems attaching the fruit to the tree are still fresh. If they have also dried out, one is not held liable for picking the fruit. (See Be'ur Halachah 336.)
16.
See Hilchot Tum'at Ochalin 2:4-5.
17.
Although the latter are most frequently used as fodder for animals, at times they are cooked and eaten by human beings. (See Sh'vi'it 7:5 and the Rambam's Commentary.)
18.
As evident from the laws that follow, this is the minimum measure for which one is liable for all forbidden labors associated with food. Eating a lesser amount is not significant.
The Nodeh BiY'hudah (Orach Chayim, Vol. II, Responsum 34) notes that Shabbat 103a states that this measure applies when one gathers these substances in a field belonging to a colleague. When gathering in one's own field, by contrast, one is liable for even the slightest amount, since in doing so, one clears one's field, a derivative of the labor of plowing.
The Noda BiY'hudah explains that the Talmudic passage does not contradict the Rambam's decision. As mentioned in the previous halachot, one can be liable for transgressing two different forbidden labors when performing a single activity. Thus, as soon as one gathers any of these substances, one is liable for plowing. Should one one gather the amounts mentioned by the Rambam in this halachah, one is also liable for reaping.
19.
Based on Shabbat 76a, it appears that a mouthful of a kid is slightly less than the size of a dried fig.
20.
This is the smallest amount of kindling wood that will be useful for a person.
21.
Although collecting food is a forbidden labor in its own right, the Rambam mentions it within the context of this halachah, because the measures for which one is held liable correspond exactly to those mentioned with regard to the previous law.
22.
In contemporary measure, the size of an egg is determined as 57.6 cubic centimeters by Shiurei Torah and 100 cubic centimeters by Chazon Ish.
23.
The Ra'avad states that this measure is not exact, and the actual amount is slightly larger. The difference between their opinions is based on the interpretation of Eruvin 80b and 82b. Similarly, their understanding of those passages affects their determination of many different significant measures in Torah law, for example, כדי אכילת פרס (the measure of time associated with the mitzvot and prohibitions connected with eating). The Shulchan Aruch (Orach Chayim 368:3) mentions both opinions.
24.
Thus excluding salt or similar substances (Shabbat 73b). (Note the Kessef Mishneh's comments regarding the proper text of that Talmudic passage.) As the Rambam states in Chapter 21, Halachah 11, there is, however, a Rabbinic prohibition against gathering salt.
The Hagahot Maimoniot (21:8) state that just as sheaves are collected in a field - the place where produce grows - similarly, all activities that are derivatives of this forbidden labor must take place in or near the field or orchards in which the produce grows. The Tur (Orach Chayim 240) and others also accept this ruling. From Chapter 21, Halachah 11, it appears that the Rambam also follows this approach.
25.
Rav Moshe Kohen mentions that a person is liable only when he collects the fruit near the grooves of trees where they grow. Nevertheless, this opinion is not accepted outright by the later authorities. (See the Shulchan Aruch HaRav 340:15 and the Mishnah Berurah 340:38.)
26.
The commentaries have not cited a direct source for the laws stated in this halachah [although there is a parallel in the Jerusalem Talmud (Shabbat 7:2)]. Some cite this as an example of the Rambam's use of his own powers of deduction to determine derivatives for forbidden labors, so that every category of forbidden labor will be associated with derivatives.
27.
Rav Moshe Kohen questions this statement, for the derivatives of a forbidden labor must resemble the forbidden labor itself. Thus it is difficult to understand how the Rambam can make such a statement and also state that one is liable for extracting food or for milking an animal.
The Maggid Mishneh and the Rivash (Responsa 121) state that an animal that lives on the land (as opposed to fish and other creatures that live in the sea) can be considered as produce of the earth, because it derives its life from the earth's produce.
The Rambam's son, Rabbenu Avraham, however, does not accept the basic premise of the question and explains that a derivative of a forbidden labor can differ drastically from the forbidden labor itself. Accordingly, even though threshing applies only with regard to produce, its derivatives can involve animals (Birkat Avraham, Responsum 18).
28.
This applies to extracting kernels of grain from their husks or legumes from its pods. Nevertheless, the Eglei Tal allows one to remove the shells of onion and garlic, and Sh'vitat HaShabbat permits the removal of the hard shells of nuts.
29.
The Rambam's opinion is also accepted by Rashi (Shabbat 95a) and other authorities. Rabbenu Tam and other Rishonim agree that milking is forbidden according to Torah law, but consider it a derivative of other categories of labor. The Ramban (Shabbat 145) considers this merely a Rabbinic prohibition.
Note the Shulchan Aruch (Orach Chayim 305:20), which states that one may tell a gentile to milk an animal. This leniency is permitted because the animal will suffer pain if it is not milked. Other leniencies are also granted on the basis of the Rambam's statements in Halachah 10.
The question of milking animals attracted much attention in the early years of agricultural development in Eretz Yisrael, when the question arose regarding milking herds of animals when a gentile was not available. (See K'tzot HaShulchan, Vol. VI, p. 34 ff. and other sources.)
30.
This concept is defined in Halachah 9.
31.
Although it is universally accepted that one is liable for drawing blood from an animal, the Rishonim differ under which category of forbidden work this prohibition falls. Rashi, Shabbat 107a, mentions an opinion that extracting blood falls into the category of dyeing. Tosafot, Shabbat 75a, Ketubot 6b, offers a different interpretation, explaining that it is included in the category of slaughtering.
32.
To use as a remedy or as food for a dog or other animal (Shabbat 106a; the Rambam's Commentary on the Mishnah, Shabbat 14:1).
33.
See Chapter 1, Halachah 17.
34.
The Ra'avad objects to the Rambam's ruling, explaining that the minimum measures for liquids differ than those of foods. The Maggid Mishneh and the Kessef Mishneh support the Rambam's decision, explaining that since he considers these activities as derivatives of threshing, the minimum amount for which one is liable is the same as for threshing. It must be emphasized that according to the opinions of Rashi and Tosafot (see note 31), one is liable for extracting a quantity of blood smaller than the size of a dried fig.
35.
This ruling depends on the Rambam's decision, Chapter 1, Halachah 7, where he states that one is liable for performing a מלאכה שאינה צריכה לגופה. Although the person is performing the forbidden labor for reasons very different from those that were involved in the construction of the Sanctuary, he is held liable because he is fulfilling his intent.
36.
The Ra'avad objects to the Rambam's decision, based on his interpretation (which parallels that of Rashi) of Shabbat 105b. The Rambam, however, interprets this passage differently. (See the Maggid Mishneh.)
37.
Leviticus 11:29,30 mentions that the carcasses of these animals convey ritual impurity. There are various different opinions regarding the meanings of the Hebrew names for the species mentioned there. The Living Torah offers the following interpretation: the weasel, the mouse, the ferret, the hedgehog, the chameleon, the lizard, the snail, and the mole.
38.
The hides of these animals are tougher than the flesh beneath them. Therefore, there is a possibility that a wound will cause internal bleeding and that the blood will never be reabsorbed by the body.
39.
The Rambam states that one is not liable for wounding other creeping animals even if one causes them to bleed. This decision is not accepted by most authorities (see Rashi and others, Chulin 46b), who maintain that one is not liable for causing these creatures to bleed internally. If, however, one causes external bleeding, one is liable.
The Shulchan Aruch (Orach Chayim 316:8) accepts the opinion of the other authorities. This decision depends on the difference of opinion mentioned in note 31 as to the category of forbidden labor of which causing bleeding is a derivative. As mentioned, the Rambam considers this activity a derivative of the labor of threshing, and threshing involves removing a substance from a hard shell. Since the hides of the other crawling animals are not tough, causing them to bleed cannot be considered a derivative of this labor. According to the opinion that bleeding is a derivative of slaughtering, however, one is liable for making any animal bleed, regardless of the nature of its hide (Ziv HaMishneh).
The question whether one may kill creeping animals that are dangerous is discussed in Chapter 10, Halachah 25 and notes.
40.
Rashi, Shabbat 143b, explains that the reason is that the primary purpose which grapes and olives are grown is for these liquids. With regard to other fruits, by contrast, it is not as common to use them for juice. From his Commentary on the Mishnah (Shabbat 22:1), it appears that the Rambam also accepts this rationale.
(Rabbenu Nissim gives another reason: The juices of other fruits are not considered as liquids, but as food. See Hilchot Tum'at Ochalin 1:4. The Pri Megadim and others consider these as two separate rationales.)
Note Chapter 21, Halachah 12, which states that there is a Rabbinic prohibition against squeezing other fruits that are frequently used for juice (Shabbat 144b gives as examples, berries and pomegranates). If, however, it is not common to use a fruit for juice, there is no prohibition at all against squeezing juice from it. Note also the discussion in the Beit Yosef (Orach Chayim 320) regarding squeezing lemons to make lemonade.
41.
Rabbenu Chanan'el does not accept this leniency and maintains that one is liable. In a responsum, Rabbenu Asher states that a person who observes this stringency will be blessed (Beit Yosef, Orach Chayim 320).
42.
It is prohibited to do this even if one ultimately intends to mix these beverages into food. Note, however, Shulchan Aruch Harav 320:6, which states that since one ultimately intends to mix the liquid into food, the prohibition is merely Rabbinic in nature.
43.
The Maggid Mishneh maintains that this law applies only on a festival, but not on the Sabbath. Since the animal may not be slaughtered on the Sabbath, it is not considered as "food." Similarly, the Shulchan Aruch (Orach Chayim 505) quotes this law with regard to the laws of festivals and not with regard to the Sabbath laws.
44.
See Chapter 21, Halachah 14. Based on this leniency, there are authorities who allow one to suck the juice from grapes and other fruits. Other authorities forbid this. (See Ramah, Orach Chayim 320:1.)
45.
The Shulchan Aruch HaRav 320:21 states that a person who milks an animal and lets the milk flow from the animal to the ground is not liable, for this is not the normal manner in which an animal is milked. This can be interpreted as the implication of the Rambam's words: "One is liable only when one milks into a container."
46.
With regard to separation, this can also be interpreted as separating the unwanted matter (whether more or less than the size of a dried fig) to produce an amount of food the size of a dried fig (Minchat Chinuch). The Yeshu'ot Ya'akov 319:1 differs and maintains that both the food and the unwanted matter are counted when reckoning the amount equal to the dried fig.
47.
See Halachah 14 and also Chapter 21, Halachah 17, for more particulars regarding the separation of dregs from liquids.
48.
See the Eglei Tal, who questions whether these three activities can be combined. Thus, if one winnowed an amount of grain one third the size of a dried fig, and one separated and sifted the same amount, is one liable for a sin offering under such circumstances or not?
49.
Primarily, the forbidden labor of separating involves separating unwanted matter from food. In the Sanctuary, it involved separating unwanted matter - pebbles and the like - from the herbs used for the dyes. Nevertheless, if one uses a utensil that is made for the purpose of separation, one is liable even when separating food from unwanted matter.
See also the Turei Zahav 319:12 who states that the prohibition against separation applies, not only to the separation of unwanted matter from food, but also to the separation of unwanted matter from substances other than food. This opinion is accepted by the later authorities.
50.
In this instance, since one does not wish to partake of the other food, it is considered unwanted matter, and it is forbidden to separate the food one desires from it. When, however, one separates one portion of one type of food from another portion of the same food, one is never considered to be separating (Shulchan Aruch HaRav 319:4-5; Mishnah Berurah 319:15).
51.
Our translation is taken from the Rambam's Commentary on the Mishnah, Keilim 16:3. Rashi translates this as a sieve. His interpretation is accepted by most authorities.
52.
Our translation is taken from the Rambam's Commentary on the Mishnah, loc. cit:1.
53.
The Ramah (Orach Chayim 319:1) explains that "immediately" means "for the purpose of the meal that one is attending." If one separates the food for use at a later time, one is liable, as stated in the following halachah.
54.
As mentioned in the notes on the previous halachah, this is the primary form of the labor of separating.
55.
The word "one" is not found in the authoritative Yemenite manuscripts. It is, however, included in the quotation of this halachah in the Shulchan Aruch (Orach Chayim 319:4). The Mishnah Berurah 319:17 notes that some texts of the Shulchan Aruch also do not include it.
According to those versions that do include it, the intent is that using only one hand is not considered an abnormal way of performing this labor.
56.
As explained in the notes on Chapter 3, Halachah 12, the turmos beans are very bitter and must be cooked seven times before they are edible. The shucks help absorb some of this bitterness. Hence, they are not considered as unwanted matter. (See Rashi, Shabbat 74a.)
57.
One is not held liable for separating food in the process of eating, for the Torah's intent was surely not to prevent a person from eating in the normal manner. Separating food and setting it aside to be used later is not necessary to allow one to eat normally. Hence, it is considered in the category of this forbidden labor (Shulchan Aruch HaRav 1-2).
58.
The Rambam's intent should not be misinterpreted: even if one decides to eat the food set aside at a second meal served earlier in the day, one is also held liable. It was merely common custom to eat two meals during the daytime on the Sabbath - one in the morning and one in the evening. (See Magen Avraham 319:6.)
59.
The Rambam's words literally mean "their filter." The Shulchan Aruch 319:10 states "filter," seemingly implying all filters, even one not specifically made for that liquid.
60.
See Halachah 11.
61.
One must, however, do so in a manner slightly different from the way one filters these liquids during the week, as the Rambam states in Chapter 21, Halachah 17.
62.
A basket made of woven palm branches.
63.
The Rashba and other authorities differ with the Rambam, based on their interpretation of Shabbat 139b. According to the Rashba, one may filter even cloudy wine with a handkerchief or other strainer of this nature, since this is not the normal manner in which this activity is performed.
According to the Rambam, although one would not be liable for straining the wine in this manner, it would still be forbidden by Rabbinic decree. The only filtering that is permitted is filtering wine that is already fit to be drunk, so that it will become crystal clear. One might ask: Of what value is such an act? The answer is that precisely because most people would not consider this activity of value, and only the most spoiled individuals would require it, is it permitted. (According to the Rashba, such beverages may even be filtered with an ordinary filter.) Though the Shulchan Aruch (Orach Chayim 319:10) mentions the Rambam's view, the Rashba's ruling is favored.
64.
The dregs were placed in a strainer on Friday, and one desires to pour the water over them on the Sabbath day (Rav Ovadiah of Bertinoro, Shabbat 20:2).
65.
To remove any residue of wine that might be left in the dregs (ibid.).
66.
The intent is to mix the egg with mustard lying at the bottom of the strainer that has already been strained before the Sabbath (Shabbat 134a). In his Commentary on the Mishnah (Shabbat 20:2), the Rambam states that when raw eggs are mixed with coarse foods, they cause the lighter matter to rise above the heavier, coarse matter. Thus, by mixing the egg with the mustard, one will cause it to undergo a further process of refinement. Nevertheless, this is not included in the forbidden labor of separating.
It must be noted that the Tur (Orach Chayim 319) explains that the problem in question in this instance is that the egg yolk will pass through the strainer, while the albumen will not. Nevertheless, this is not considered a derivative of the forbidden labor of separating. The Shulchan Aruch (Orach Chayim 319:15) follows this interpretation.
67.
Since the mustard is already strained and is fit to be used, there is no difficulty in stirring it further. (See also Chapter 22, Halachah 12.)
68.
Rashi, Shabbat 139b, explains that this straining process will not be very effective. Hence, it is permitted. Shulchan Aruch HaRav 319:14 focuses on the Rambam's words and explains that since the wine and the dregs are considered a single mixture, the forbidden labor of separation does not apply. The concept of separation applies when the desired entity and the dregs are distinct, and this is not true until the wine has completed the fermentation process.
69.
I.e., although it is forbidden to strain mustard using a strainer on the Sabbath, one may strain it through a handkerchief (Or Sameach).
70.
Indeed, in the construction of the Sanctuary, it was herbs that were crushed for use as dyes.
71.
See Chapter 7, Halachah 5, Chapter 21, Halachah 18. In those halachot, the Rambam adds the expression "to cook it," implying that one is not liable for cutting vegetables one intends to eat raw. When the Shulchan Aruch (Orach Chayim 321:12) quotes this law, it omits the above term, leading to the conclusion that one is liable even for cutting vegetables that one desires to eat raw. For this reason, in his gloss the Ramah clarifies that one is liable only when one cuts the vegetables and then stores them for later use, if one partakes of them immediately, one is not liable.
72.
See Chapter 7, Halachah 5.
73.
Because any amount of the dust he desires will be useful for him. This is evident from Chapter 18, Halachah 5.
74.
Since he intends to use the wood for kindling, he must have enough wood to perform an an activity of at least minimal importance. (See Chapter 18, Halachah 4.)
75.
The Rambam does not mention derivatives for this category of forbidden labor, because, as mentioned in Halachah 11, sifting resembles the categories of separating and winnowing, and it is not clear which of these categories of forbidden labor the derivatives of these activities fall under.
76.
This addition follows the opinion of the Minchat Chinuch. The Eglei Tal differs, maintaining that for a person to be liable, the flour used for the dough must be this size before water is added.
77.
This measure is derived from Chapter 18, Halachah 11.
78.
The forbidden labor of kneading involves adding water to a collection of granular substances - e.g., flour or cement - and mixing them until they cling together as a single mass. Since the substances mentioned in this clause of the halachah do not adhere to each other, one can never be held liable for performing this forbidden labor with them. As mentioned in the notes to Chapter 21, Halachot 33-34, this opinion is not accepted by all authorities.
There is another difference of opinion among the Sages and later Rabbis pertinent to this matter. Rabbi Yosse bar Yehudah (Shabbat 155b) mentions that kneading involves actually mixing the dough with one's hands. Rabbi Yehudah HaNasi differs and maintains that one is liable for kneading as soon as one pours water into flour. This opinion is accepted by some authorities (Sefer HaTerumot) and is referred to in the Shulchan Aruch (Orach Chayim 321:16).
79.
As mentioned in Halachah 2, if a person places seeds into water so they sprout, he is liable for performing a derivative of sowing. (See Mishnah Berurah 336:51 which states that this applies only when one has the intent that they sprout. A person who soaks seeds so that they soften is not liable.) If one pours water over the seeds mentioned in this halachah, one is liable for kneading.
Rambam:
• 3 Chapters A Day: Nezirut Nezirut - Chapter 9, Nezirut Nezirut - Chapter 10, Arachim Vacharamim Arachim Vacharamim - Chapter 1
English Text | Hebrew Text
Audio: Listen | Download | Video ClassNezirut - Chapter 9
1
[The following rules apply when a person] sets aside money for the sacrifices of nazirites,1 those sacrifices were offered, and there is money left over. He should bring sacrifices of other nazirites with those funds,2 for the remainder of money [set aside for] nazirite [offerings should be used] for nazirite [offerings].3 If one set aside money for his own nazirite [offering] without specifying for which sacrifice it should be used4 and money was left over, the remaining funds should be used for freewill offerings.5
א
המפריש מעות שיקריב מהן קרבנות נזירים והקריב מהן והותירו יביאו במותרן קרבנות נזירים אחרים שמותר נזירים לנזירים הפריש מעות סתומין לנזירותו והותירו יפלו המותרות לנדבה:
2
When a person set aside money that was designated for specific purposes for his nazirite offering and money was left over, the remainder of the funds set aside for the burnt offering should be used for a burnt offering. The remainder of the funds set aside for the sin offering should be brought to the Dead Sea.6 The remainder of the funds set aside for the peace offering should be used for a peace offering. There is no need that the offering be accompanied by bread.7 It is eaten for one day.8
ב
המפריש מעות מפורשין לנזירותו והותירו מותר מעות העולה יבאו עולה ומותר החטאת יוליכם לים המלח ומותר דמי השלמים יבאו שלמים ואין טעונין לחם ונאכלין ליום אחד:
3
[The following rules apply when a person] set aside money for [sacrifices for] his nazirite vow and died. If the money was not designated for specific sacrifices, it should be used for freewill offerings.9 If the money had been designated for specific sacrifices, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin offering should be brought to the Dead Sea.10 The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.
ג
המפריש מעות לנזירותו ומת אם היו סתומין יפלו לנדבה היו מפורשין דמי עולה [יבואו עולה] דמי חטאת ילכו לים המלח דמי שלמים יבאו שלמים ונאכלין ליום אחד ואין טעונין לחם:
4
What is meant by money not designated for specific sacrifices? For example, [a nazirite] set aside money to use to bring his sacrifices and did not say anything. If, however, he said: "This is for my obligation," it is as if they have been designated for a specific purpose.11 Needless to say, that if he says: "This [money] is for my burnt offering, sin offering, and peace offering," the money is considered as set aside for a specific purpose.
ד
כיצד הם המעות הסתומין כגון שהפריש מעות להביא מהן קרבנותיו ולא אמר כלום אבל אם אמר אלו לחובתי הרי אלו כמפורשין ואין צריך לומר אם אמר אלו לעולתו ולחטאתי ולשלמי שהן כמפורשין:
5
When a person sets aside an animal with a blemish12 [for his sacrifice], it is as if he set aside money without designating it for a specific purpose. Similarly, if he set aside a slab of silver or of gold or a utensil, it is as if he set aside money without designating it for a specific purpose.13 [This applies] even if he said: "This is for my burnt offering, sin offering, and peace offering."
ה
המפריש בהמה בעלת מום הרי היא כמעות סתומין וכן המפריש לשון של כסף ושל זהב או כלי אף על פי שאמר זה לחטאתי ולעולתי ולשלמי הרי הוא כמעות סתומין:
6
When a person says: "These [funds] are for my sin offering and the remainder is for my nazirite offering" and dies or a woman made such statements and then her husband nullified her nazirite vow,14 the money for the sin offering should be brought to the Dead Sea. Half of the remainder of the money should be used for a burnt offering and half for a peace offering.
ו
האומר אלו לחטאתי והשאר לנזירותי ומת או שהיתה אשה והפר לה בעלה דמי חטאת ילכו לים המלח והשאר יבאו בחציין עולה ובחציין שלמים:
7
If he says: "These [funds] are for my burnt offering and the remainder is for my nazirite offering" [and dies], the money for the burnt offering should be used for a burnt offering and the remainder should be used for freewill offerings.15
ז
אמר אלו לעולתי והשאר לנזירותי דמי עולה יבאו עולה והשאר יפלו לנדבה:
8
When a person thought that he was obligated in a nazirite vow and set aside his sacrifices and then inquired of a sage who told him that [his statements] do not constitute a vow and he is not obligated to be a nazirite, what should he do with the sacrifices that he set aside? They should go and pasture with the rest of the herd.16 For they were consecrated in error and that consecration is not binding, as will be explained in the appropriate place.17
ח
מי שדמה שהוא חייב בנזירות והפריש קרבנותיו ואח"כ שאל לחכם והורהו שאין זה נדר ואינו חייב בנזירות מה יעשה בקרבנות שהפריש יצאו וירעו בעדר שזה הקדש טעות שאינו הקדש כמו שיתבאר במקומו:
9
[The following rules apply when] a woman takes a nazirite vow and set aside her sacrifices and afterwards, her husband nullified her vow. If the animal belonged to him, it should go out and pasture in the herd,18 for a person cannot consecrate an article that does not belong to him.19 If the [animals set aside for] sacrifices were hers and her husband did not own any part of them, e.g., they were given to her as a present on the condition that her husband have no authority over them, but instead, she could do whatever she wants with them,20 the sin offering should be left to die,21 the burnt offering should be sacrificed as a burnt offering, and the peace offering should be sacrificed as a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.22
ט
האשה שנדרה בנזיר והפרישה קרבנותיה ואחר כך הפר לה בעלה אם שלו היתה הבהמה תצא ותרעה בעדר שאין אדם מקדיש דבר שאינו שלו ואם היו הקרבנות משלה ואין לבעלה בהן כלום כגון שנתנו לה במתנה על מנת שלא יהיה לבעל בהן רשות אלא מה שתרצה תעשה בהן החטאת תמות והעולה תקרב עולה והשלמים יקרבו שלמים ונאכלין ליום אחד ואינן טעונין לחם:
10
If [a woman] set aside money that was not designated for specific sacrifices, it should be used to purchase freewill offerings. If it was designated for specific purposes, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin-offering should be brought to the Dead Sea. The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.
י
הפרישה מעות סתומין לקרבנותיה יפלו לנדבה היו מפורשין דמי חטאת ילכו לים המלח ודמי עולה יבאו עולה ודמי שלמים יבאו שלמים ונאכלין ליום אחד ואינן טעונין לחם:
11
When a woman took a nazirite vow and became ritually impure [due to contact with a corpse] in the midst of the days of her nazirite vow, and afterwards her husband heard of her vow and nullified it, she must [still] bring the sacrifices [required when a nazirite] becomes ritually impure.23
יא
האשה שנדרה בנזיר ונטמאת בתוך ימי נזירות ואח"כ שמע בעלה והפר לה הרי זו מביאה קרבן טומאה:
12
When a father binds his son to a nazirite vow24 and set aside sacrifices, but the son did not desire this nazirite vow and he or his relatives objected or he shaved himself or his relatives shaved him,25 the sin offering should be left to die, the burnt offering should be sacrificed as a burnt offering, and the peace offering should be sacrificed as a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.26
If he set aside money that was not designated for specific sacrifices, it should be used to purchase freewill offerings. If it was designated for specific purposes, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin-offering should be brought to the Dead Sea. The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.
יב
האיש שהדיר את בנו בנזיר והפריש עליה קרבנותיו ולא רצה הבן בנזירות זו ומחה הוא או קרוביו או שגלח הוא או שגלחוהו קרוביו החטאת תמות והעולה תקרב עולה והשלמים יקרבו שלמים ונאכלין ליום אחד ואינן טעונין לחם הפריש לו מעות סתומים הרי אלו יפלו לנדבה היו מעות מפורשין דמי חטאת ילכו לים המלח דמי עולה יבואו עולה דמי שלמים יבואו שלמים ואינן טעונין לחם ונאכלין ליום אחד:
13
When a person says: "I will be a nazirite when a son is born to me," and sets aside a sacrifice, his wife miscarries27 and then she gives birth,28 the status of the sacrifices is questionable.29 It is forbidden to shear them or perform labor with them.30
יג
האומר הריני נזיר כשיהיה לי בן והפריש קרבן והפילה אשתו וחזרה וילדה הרי הקרבנות ספק ואסורין בגיזה ובעבודה:
14
[A question arises when] there are two nazirites; one became ritually impure [due to contact with a corpse] and it is not known which of them became ritually impure.31 How should they bring their sacrifices?32
They should bring the sacrifices33 [required when emerging from] impurity and the sacrifices [that mark the completion of a nazirite vow in] purity at the conclusion of the span of their nazirite vow.34 One of them then says: "If I was the one who became impure, the sacrifices [to emerge from] impurity are mine and the sacrifices [that mark the completion of a nazirite vow in] purity are yours. If I am the one who is ritually pure, the sacrifices [that mark the completion of a nazirite vow in] purity are mine and the sacrifices [to emerge from] impurity are yours."35
After bringing these sacrifices, they [both] then count the full span of another nazirite vow36and bring another [set of] sacrifices [that mark the completion of a nazirite vow in] purity.37 They then bring38 the sacrifices [that mark the completion of a nazirite vow in] purity and one says: "If I was the one who was ritually impure, the sacrifices [brought previously to mark the emergence from] impurity were mine and the sacrifices [brought to mark the completion of a nazirite vow in] purity were yours and these are the sacrifices [that mark my completion of a nazirite vow in] purity. If I was the one who was ritually pure, the sacrifices [brought previously to mark the completion of a nazirite vow in] purity were mine and those [brought to mark the emergence from] impurity were yours. And these are the sacrifices [that mark your completion of a nazirite vow in] purity."39Thus neither one lost anything [in bringing] these sacrifices.40
יד
שני נזירים שנטמא אחד מהם ואין ידוע מי הוא כיצד מביאין קרבנותיהן מביאין קרבן טומאה וקרבן טהרה במלאת ימי נזירותם ואומר אחד מהם אם אני הוא הטמא קרבן טומאה שלי וקרבן טהרה שלך ואם אני הוא הטהור קרבן טהורה שלי וקרבן טומאה שלך וסופרים ימי נזירות אחרת גמורה מאחר קרבנות אלו וחוזרין ומביאין קרבן טהרה ואומר אחד מהן אם אני הוא שהייתי טמא קרבן טומאה שלי וקרבן טהרה שלך וזה קרבן טהרתי אם אני הוא הטהור קרבן טהרה שלי וקרבן טומאה שלך וזה קרבן טהרתך נמצאו שלא הפסידו בקרבנותיהן כלום:
15
If one of them dies, [the other] must bring a fowl as a sin-offering41and an animal as a burnt offering42 and say: "If I became impure, the sin offering fulfills my obligation and the burnt offering is a freewill offering. If I was pure, the burnt offering is my obligation and the fowl brought as a sin-offering is [because of] the doubt." He then counts the full span of another nazirite vow43 and brings the sacrifices44 [required when completing a nazirite vow in] purity. He should say: "If I was impure, the first burnt offering I brought is a freewill offering and this is the sacrifice that I am obligated to bring. If I was pure, then the first burnt offering was obligatory. This is a freewill offering and these are the remainder of my sacrifices."
[In these instances,] neither of them45 perform the shaving [to emerge from] ritual impurity unless they are minors or women.46 [The rationale is that] these individuals should not shave their heads because of a doubt.47
טו
מת אחד מהן הרי זה מביא חטאת העוף ועולת בהמה ויאמר אם טמא הייתי החטאת מחובתי והעולה נדבה ואם טהור הייתי העולה מחובתי וחטאת העוף ספק וסופר ימי נזירות אחרת ומביא קרבן טהרה ואומר אם טמא הייתי העולה הראשונה נדבה וזו חובה ואם טהור הייתי העולה הראשונה חובה וזו נדבה וזה שאר קרבני ואין אחד משניהם מגלח תגלחת טומאה אלא אם כן היו קטנים או נשים שאין אלו מקיפין פאת ראשם מספק:
16
How could a doubt arise for them with regard to whether they contracted ritual impurity? For example, two nazirites were standing in a private domain where the ruling is that if a doubt concerning ritual purity arises in a private domain, the person is considered impure.48 A person who was standing outside saw them and said: "I saw that one of you became impure, but I do not know which one it is."
If, however, this witness is together with them in the courtyard, they are both ritually pure. [The rationale is that] since there are three of them, they are considered as "many people." And when there are many people in a private domain, when a doubt arises concerning them, they are ritually pure like a doubt concerning ritual impurity in the public domain as will be explained in its place.49
טז
וכיצד יולד להם ספק זה בטומאה כגון שהיו שני הנזירין עומדין ברשות היחיד שספק טומאה שם טמא והיה אחד מבחוץ רואה אותן ואמר ראיתי אחד מכם שנטמא ואיני יודע מי הוא אבל אם היה עד זה עמהן בחצר הרי שניהן טהורין כיון שהם שלשה הרי הן רבים ורבים ברשות היחיד ספקן טהור כספק טומאה ברשות הרבים שהוא טהור כמו שיתבאר במקומו:
17
When does the above apply? When both nazirites remain silent or the matter is doubtful for them. If, however, one of them says: "I did not become ritually impure," even if two witnesses testify that he became impure, he does not bring a sacrifice because of their statements. His statement: "I did not become ritually impure," can be understood to mean: "I will not bring a sacrifice [because of] impurity, because I have already asked [a sage] to absolve my vow." Thus he is not contradicting the witnesses and a person's word is accepted with regard to his own person.50 If, however, he remained silent or was in doubt concerning the matter, he should bring a sacrifice even when the cause is the testimony of one witness, as we explained [above]
Similarly, if a witness tells a person: "You took a nazirite vow in my presence" and that person disputes the matter, he is not liable for anything.51 If he does not dispute the matter, he must observe [the restrictions of] a nazirite vow because of his statements.
Even if [a person] told two others, "I saw one of you take a nazirite vow, but I do not know which of you it was," since [neither of them] dispute his statements, they both must observe a nazirite vow, because of his statements. If a person observed a nazirite vow because of the statements of one witness and drank wine or became impure [due to contact with a corpse] and two witnesses administered a warning, he is given lashes even though the fundamental dimension of the testimony is dependent on one witness.52
יז
במה דברים אמורים כששתקו הנזירים שניהם או נסתפק להן הדבר אבל אם אמר אחד מהן אני לא נטמאתי אפילו שני עדים מעידים עליו שנטמא אינו מביא קרבן על פיהם שזה שאמר לא נטמאתי כאומר איני מביא בטומאה שכבר נשאלתי על נזירותי ונמצא שאינו מכחיש את העדים ואדם נאמן על ידי עצמו אבל אם שתק או נסתפק לו הרי זה מביא קרבן אפילו על פי עד אחד כמו שבארנו וכן עד שאמר לאחד בפני נדרת בנזירות אם הכחישו אינו חייב כלום ואם לא הכחישו נוהג נזירותו על פיו אפילו אמר לשנים ראיתי אחד מכם שנזר ואיני יודע מי הוא הואיל ואין מכחישין אותו נוהגין נזירות על פיו נהג נזירות על פי עד אחד ושתה יין או נטמא והתרו בו [שנים] לוקה אף על פי שעיקר הנזירות בעד אחד:
18
When a corpse was lying across the breadth of a path53 and a nazirite walked by there, he is pure. [This applies] even if the only way to pass was [to step] over the corpse54 or to touch it and even if it was a source of impurity that was known.55 [The rationale is that when there is] an unresolved doubt concerning ritual impurity in the public domain, [we consider the person] pure.
יח
מת שהיה מושכב לרחב הדרך אע"פ שאין שם מקום לעבור אלא עליו או נוגע בצדו ואף על פי שהיא טומאה ידועה ועבר שם נזיר הרי זה טהור הואיל וספק ברשות הרבים טהור:
19
When does the above apply? When he was walking. If, however, he was riding or carrying a burden, he is impure.56 [The rationale is that] it is possible for a person who is walking on his feet not to touch the corpse, have his body pass over it, nor move it. When, by contrast, a person is carrying a burden or riding, it is impossible for him not to touch the corpse, have his body pass over it, nor move it, for the corpse is lying across the path.57
יט
בד"א במהלך ברגליו אבל אם היה רוכב או טעון משא הרי זה טמא שהמהלך ברגליו אפשר שלא יגע או שלא יאהיל או שלא יסיט אבל טעון או רוכב אי אפשר שלא יגע ושלא יאהיל או שלא יסיט שהרי המת לרוחב הדרך:
FOOTNOTES
1.
I.e., he set aside money to pay for the sacrifices of poor nazirites.
2.
Even if there are not enough funds remaining to purchase an entire sacrifice, the remaining funds should be contributed toward the purchase of a sacrifice.
3.
Since the money was set aside for that purpose, it should be used accordingly.
4.
See Halachah 4 for more details concerning this concept.
5.
Voluntary burnt offerings whose sacrifice embellishes the altar. Since the money was set aside for use for his own offerings, it should not be used for the offerings of another person. This is the meaning of the phrase Shekalim 2:5: "What is left over from a nazirite's [offerings] should go for the sake of that nazirite.
6.
Brought to a place where it is impossible to benefit from it. It must be noted that at times the Rambam interprets the term Yam HaMelach as referring to the Mediterranean Sea.
The rationale for this ruling is that once a person has received atonement, it is forbidden to benefit from any funds designated for his sin offering. See Hilchot Pesulei HaMukdashim 4:1. The commentaries also note that in Hilchot Pesulei HaMukdashim 5:9, the Rambam writes that money left over from a sin offering should be used to purchase freewill offerings.
7.
As the nazirite's peace offering must be accompanied (see Chapter 8, Halachah 1).
8.
Like the peace offering brought by a nazirite in contrast to an ordinary peace offering which may be eaten for two days and one night.
9.
Although a certain amount of the funds would have been used for a sin offering, since they have not been designated for that purpose, it does not become prohibited to use them for other purposes.
10.
As is the law when the owner of a sin offering dies (Hilchot Pesulei HaMukdashim 4:1).
11.
Since it is known that he is required to bring these sacrifices, it is considered as an appropriate amount has been allotted for each offering. Hence the money set aside for the burnt offering and peace offering should be used for such sacrifices and the money set aside for the sin offering should be taken to the Dead Sea.
12.
I.e., a blemish that disqualifies it as an offering. See Hilchot Issurei Mizbeiach, chs. 1-2.
13.
Since the animal is available for immediate sale, it is considered as if the owner has cash in hand.
14.
In which case, she has no obligation to bring the sacrifices.
15.
Although there are funds for a sin offering involved, since the purpose was not specified, they may be used for freewill offerings.
16.
It is considered as an entirely ordinary animal, as if it had never been consecrated.
17.
Hilchot Arachin 6:34.
18.
It is considered as an entirely ordinary animal, as if it had never been consecrated.
19.
This is a general principle, applicable in many contexts with regard to sacrifices. See Hilchot Arachin 6:21, 24; Hilchot Temurah 1:3.
20.
Generally, all of a woman's property is placed in her husband's care during their marriage and all her earnings belong to him. How then can she have money or property that is entirely her own? When a person gives it to her as a present with the above stipulation. See Hilchot Ishut 22:27; Hilchot Nedarim 7:17; Hilchot Zechiyah UMatanah 3:13-14.
21.
It is forbidden to benefit from the animal or to use it for any other purpose. Hence, it is left to die. See Hilchot Pesulei HaMukdashim 4:1.
22.
See Halachah 3.
23.
The rationale is that when a husband nullifies a vow, his nullification does not uproot the vow from its source. Instead, his nullification affects only the future. Hence, she is liable for the repercussions of becoming impure and must bring a sacrifice. If, by contrast, she were to have had her vow nullified by a sage, it would have been nullified at its source and it would be as if she was never a nazirite. Hence she would not have to bring a sacrifice. See Hilchot Nedarim 13:2 (Radbaz).
24.
See Chapter 2, Halachot 13-14.
25.
See ibid.:15.
26.
See Halachah 9.
27.
The Radbaz explains that the Rambam interprets our Sages' statements in Nazir 13a as applying when the events occurred in this order. Others interpret the Talmud as speaking about a situation where the sacrifices were set aside after the woman miscarried. According to the Radbaz, the Rambam would not argue with that view. Instead, he is stating that the law applies even in the instance mentioned.
28.
See Chapter 1, Halachah 17.
29.
Since he is not bound by his nazirite vow after the miscarriage as stated in the cited halachah, it is possible that the consecration of the sacrifices is nullified. On the other hand, that is not a definite fact. Hence our Sages debated this issue.
30.
These prohibitions apply with regard to all consecrated animals. Since these prohibitions are Scriptural in origin, they must be observed because of the doubt regarding these animals' status. See Hilchot Me'ilah 1:7-8.
31.
See Halachot 16-17 which describe how such a situation could arise.
32.
As the Rambam proceeds to explain, the nazirite who completed his vow in ritual purity is obligated to bring one set of sacrifices, while the one who became impure must bring a different set. Since it is not known which of these individuals became impure, there is a question which sacrifices they should bring. Neither can bring the sacrifices required by the other as a freewill offering, because the guilt offering that is required when emerging from impurity may not be brought as a freewill offering, nor may the sin offering that is required after completing one's nazirite vow in a state of purity.
33.
I.e., sharing the costs equally.
34.
This applies when they both took a nazirite vow for the same number of days at the same time (Radbaz). If their nazirite vows conclude at different times, they must wait to the latest date.
35.
The other makes similar statements and they both perform all of the rituals necessary in the bringing of the sacrifices. In this way, the one has fulfilled the obligation to bring the sacrifices required when emerging from impurity and the other, the obligation to bring the sacrifices that mark the completion of the nazirite vow.
36.
In which they observe all the prohibitions incumbent on a nazirite.
37.
In this way, the nazirite who became ritually impure has fulfilled the obligations incumbent on him at the conclusion of his nazirite vow.
38.
I.e., sharing the costs equally.
39.
The other one makes a similar statement and they each perform all the rites required when bringing these sacrifices.
40.
More precisely, the person who was ritually pure was obligated to pay for half the sacrifices of the person who was ritually impure. Thus although no extra sacrifices were offered, he did suffer a slight loss. Nevertheless, this is obviously far preferential than for each one to have to bring the sacrifices required when emerging from ritual impurity on his own as stated in the following halachah.
41.
This is the practice followed whenever there is a question whether one is obligated to bring a sin offering or not. This sacrifice is burnt and not eaten (Hilchot Pesulei HaMukdashim 19:10). If he was impure, he will have discharged his responsibility by bringing this sacrifice, because after the fact, this is sufficient. The burnt offering and the peace offering are not absolute necessities. See Chapter 10, Halachah 5.
42.
This is for the sake of the offerings he is required to bring if he completed his nazirite vow in a state of purity. The peace offering and guilt offering are not absolute necessities. See Chapter 6, Halachah 12; Chapter 10, Halachah 8.
43.
In which they observe all the prohibitions incumbent on a nazirite.
44.
All three sacrifices, as the Rambam proceeds to explain.
45.
The nazirites who entered a situation in which a doubt arouse which of them was impure.
46.
Who are not bound by the prohibition against shaving the corners of their heads. See Hilchot Avodat Kochavim 12:5.
47.
Although a nazirite who is ritually impure and one who completes his nazirite vow in purity is allowed to shave his head, that is permitted because there is a definite positive commandment which supercedes the prohibition. In these instances, however, we are unsure if there is a commandment obligated the nazirite to shave. Hence, no leniency is granted. The nazirite's failure to shave does not prevent him from bringing his sacrifices, as stated in Chapter 6, Halachah 5.
48.
See Hilchot Shaar Avot HaTumah 16:1. We assume that if the nazirite knew that he was ritually impure, he would not deny it, because we operate under the assumption that a person would not consciously avoid bringing a sin offering if he knew that he was liable (Keritot 12a).
49.
Ibid.. The Ra'avad differs with the Rambam concerning this principle. The Kessef Mishneh justifies the Rambam's view.
50.
See Hilchot Shaar Avot HaTumah 14:11.
51.
For the person's own word supercedes the testimony of one witness.
52.
The rationale is that since, because of the doubt inspired by the testimony of the witness, the person willingly accepted the observance of the nazirite vow, he is obligated to observe it (Radbaz).
53.
I.e., even if the corpse is in full public view.
54.
Thus he would contract ritual impurity by covering the corpse with his body (ohel).
The Ra'avad differs with the Rambam concerning this issue, citing Nazir 63b as support. The Radbaz and the Kessef Mishneh offer interpretations of the Talmud that support the Rambam's position. In that source, the Talmud differentiates between a corpse that is visible and a corpse whose existence is unknown, as explained in Chapter 6, Halachot 18-19. The Rambam maintains that the distinctions apply only after the fact, when the blood from the sacrifices has already been sprinkled on the person. Before then, the ruling depends on the principle: When there is a doubt concerning ritual impurity in the public domain, the person is considered pure. If such a doubt arises concerning a question in a private domain, he is considered as impure.
In explanation of the Rambam's position, the Kessef Mishneh states that we are speaking about an instance where it is possible for the nazirite, albeit with difficulty, to pass by the corpse without touching it or passing over it. If that is not the case, he is certainly impure. The Radbaz states that we are speaking about any instance where the person could have - and we presume he did - move off the path so as not to touch the corpse.
55.
In contrast, if it was not known that a corpse was located there, the nazirite is pure in the case of a doubt.
56.
Because, as the Rambam proceeds to explain, it is almost impossible for the person not to contract ritual impurity.
57.
And when riding or carrying a burden, the person will not be able to squeeze by.
Nezirut - Chapter 10
1
A person cannot perform one shaving [that will fulfill the requirements for] his nazirite vow and [for the emergence from the state of ritual impurity associated with] tzara'at.1
When it is questionable whether a person was afflicted with tzara'at [and thus became a metzora], the shaving [associated with emerging from] tzara'at does not supercede his nazirite vow. 2 Therefore [the following rules apply] if a person took a nazirite vow for a year and throughout this year, there was a question whether he had been afflicted with tzara'at and a question whether he had contracted ritual impurity through contact with a human corpse3 or there was a question whether he had been afflicted with tzara'at and at the end of the year, a question arose whether he had contracted ritual impurity. He should count seven days, have [the ashes of the Red Heifer] sprinkled [upon him] on the third and seventh days,4 but he should not shave [his hair] on the seventh day. He may not drink wine or become impure due to contact with a human corpse until four years have passed.5 He may partake of consecrated food after two years have passed.6 [The rationale is] that he is required [because of the doubts concerning his status,] to shave [his head] four times: a) the shaving [required when he completes his nazirite vow in a state of] purity,7 b) the shaving [required for a nazirite to emerge from a state of] impurity, [for which he is obligated because of the doubt], and the two shavings required of a metzora, for there is a doubt whether he is a metzora.
א
אין אדם מגלח תגלחת אחת ועולה לו לנזרו ולצרעתו ותגלחת הצרעת בזמן שהוא ספק מצורע אינו דוחה את הנזירות לפיכך מי שנזר שנה אחת והיה בכל השנה הזאת ספק מצורע וספק טמא מת או שהיה בה ספק מצורע ובסוף השנה נטמא בספק הרי זה מונה שבעה ימים ומזה בשלישי ושביעי ואינו מגלח בשביעי ואינו יכול לשתות ביין ולהטמא למת אלא לאחר ארבע שנים ואוכל בקדשים לאחר שתי שנים מפני שהוא צריך לגלח ארבע תגלחיות תגלחת טהרה ותגלחת טומאה מספק ושתי תגלחיות שמגלח המצורע שהרי הוא ספק מצורע:
2
The first shaving should be performed after the conclusion of the first year.8He shaves his head, his beard,9 and his eyebrows and undergoes the purification process involving a cedar tree, a hyssop, and two wild birds10 like other metzoraim.11 If he was not impure due to contact with a corpse, nor a metzora, this is the shaving performed upon completion of his nazirite vow in purity. If he was indeed a metzora during the first year, this is the first shaving required of the metzora.
He then waits another year as is the span of his nazirite vow, and then performs the second shaving required of metzora. He may not shave after seven days like other metzoraim, for perhaps he was not a metzora, but instead had been impure because of contact with a corpse. [In that instance,] during this second year, he was a nazirite, who was forbidden to shave.12 [Nevertheless,] after he performed these two shavings, he has completed the purification process required after tzara'at13 and he is permitted to partake of consecrated foods.
He then waits another year and afterwards, performs a third shaving, lest he had been definitely a metzora during the first year and not impure because of contact with a corpse. [The observance] of the first year was not of consequence for him because these were days when his status [as a metzora] was defined.14 [The observance] of the second year was not of consequence for him because these were the days when he was counting [as part of the purification process of a] metzora between the first shaving and the second shaving.15 Therefore he must wait a third year, [observing his] nazirite vow. [Afterwards,] he performs a third shaving for his nazirite vow. This shaving [is required to emerge from] purity.16 [Nevertheless,] perhaps he was definitely impure because of contact with a corpse and he was also definitely a metzora and one shaving cannot serve the purpose of his nazirite vow and [purification from] tzara'at. Thus the first and second shavings were [for purification] from tzara'at. The third shaving was [for the sake of purification from] ritual impurity. None of these three years count because the third shaving was to purify him from ritual impurity.17 Therefore he must wait a fourth year, [observing] his nazirite vow and perform a fourth shaving. After each of the times that he shaves because of the doubt,18 it is forbidden to benefit from his hair because of the doubt involved, because it is permitted to benefit from the hair of a nazirite who became afflicted with tzara'at.19
ב
תגלחת ראשונה מגלח אותה אחר שנה ראשונה ומגלח בה ראשו וזקנו וגבות עיניו ומטהר בעץ ארז ואזוב וצפרים כשאר מצורעים אם אינו טמא מת ולא מצורע הרי היא תגלחת טהרה של נזירותו ואם הוא מצורע ודאי בשנה ראשונה הרי היא תגלחת ראשונה של מצורע ושוהה שנה אחרת כמנין ימי הנזירות ואח"כ מגלח תגלחת שניה של מצורע שאינו יכול לגלח אחר שבעה כשאר מצורעין שמא אינו מצורע אלא טמא מת ודאי היה ושנה שניה זו הרי הוא בה נזיר שאסור לגלח ומאחר שגלח שתי תגלחיות אלו שלמה טהרת הצרעת ומותר לאכול בקדשים ושוהה שנה שלישית ואחר כך מגלח תגלחת שלישית שמא מצורע ודאי היה בשנה ראשונה ולא היה טמא מת ושנה ראשונה לא עלתה לו מפני שהיא ימי חלוטו ושנה שניה לא עלתה לו מפני שהיא ימי ספירו של מצורע שבין תגלחת ראשונה ושניה לפיכך צריך לשהות שנה שלישית בנזירותו ומגלח תגלחת שלישית לנזירותו והיא תגלחת טהרה או שמא טמא מת ודאי היה ומצורע ודאי ואין תגלחת אחת עולה לנזירותו ולצרעתו ונמצאת תגלחת ראשונה ושניה תגלחת צרעת ותגלחת שלישית תגלחת טומאה ואין אחת משלש שנים עולה שהרי השלישית תגלחת טומאה לפיכך צריך לשהות שנה רביעית בנזירות ומגלח תגלחת רביעית ושערו בכל תגלחת ספק אסור בהנייה מספק ששער נזיר שנצטרע מותר בהנייה:
3
Similar [rules apply if a person] took a nazirite vow for ten years and, in the midst, there arose a question whether he was a metzora and there also arose a question whether he contracted ritual impurity [through contact with a corpse] at the conclusion of this period. He may not drink wine for forty years and must perform four shavings, one at the conclusion of each decade. The first shaving comes because of the doubt concerning the days he must observe because of tzara'at. The second shaving [comes] because of the days a metzora [must count between his two shavings]. The third shaving is because of the doubt concerning his ritual impurity. And the fourth shaving is [the one required when completing a nazirite vow in] purity.20
ג
וכן אם נדר עשר שנים נזירות והיה בהן ספק מצורע ונולד לו ספק טומאה בסופן הרי זה אינו שותה ביין עד ארבעים שנה ומגלח ארבע תגלחות אחת בסוף כל עשר שנים תגלחת ראשונה לספק ימי צרעתו שניה לספק ימי ספירו של מצורע שלישית לספק טומאתו רביעית תגלחת טהרה:
4
How should such a person bring the sacrifices required of him?21 If he was rich, he should sign over all of his property to another person.22 [The rationale is that] a wealthy metzora who brought a sacrifice befitting a poor one does not fulfill his obligation.23 Afterwards, he brings a fowl as a sin offering and an animal as a burnt offering for the first, second, and third shavings.24 No one should partake of any of the fowl brought as sin offerings, because of the doubt involved.25 For the fourth shaving, he brings the sacrifices required of a nazirite [who completes his vow in] purity, as we explained.26
ד
וכיצד מביא זה קרבנותיו אם היה עשיר כותב נכסיו לאחרים שמצורע עשיר שהביא קרבן עני לא יצא ואחר כך מביא חטאת העוף ועולת בהמה בתגלחת ראשונה ושניה ושלישית וכל חטאת עוף מהן לא תאכל מפני שהיא ספק ומביא בתגלחת רביעית קרבן נזיר טהור שהוא שלש בהמות כמו שבארנו:
5
He brings three fowl as sin offerings for the following reasons: the first27is because of the doubt whether he is ritually impure,28the second because of the doubt whether he is afflicted by tzara'at, for a metzora brings a sacrifice only after his second shaving,29 the third because of the possibility that he was ritually impure. [The rationale is that] one shaving cannot fulfill the obligation for both one's nazirite vow and [purification from] tzara'at and perhaps he was definitely both a metzora and impure because of contact with a corpse. [In that instance,] the first and second shavings were to become purified from tzara'at, as explained.30 The third shaving is the shaving [required to emerge from] ritual impurity. Therefore he must bring the sacrifices [required when emerging from] impurity at that time.
ה
שלש חטאות העוף שמביא בשלש התגלחות חטאת ראשונה לספק טומאתו שניה לספק צרעתו שאין המצורע מביא קרבנו אלא לאחר תגלחת שניה וכן חטאת שלישית לספק טומאתו שאין תגלחת אחת עולה לנזרו ולצרעתו ושמא מצורע ודאי וטמא מת ודאי היה שהתגלחת הראשונה והשניה לצרעתו כמו שבארנו ותגלחת שלישית תגלחת טומאה ולפיכך צריך להביא קרבן טומאה בשלישית:
6
[The following principles apply with regard to] the three animals31[brought] as burnt offerings that accompany [the sin offerings]. He brings them conditionally. [When bringing] the first, he stipulates: "If I was pure, this is for my obligation."32 If I was impure, this is a freewill offering."33 He should make a similar stipulation for the second and third [shaving] as well.34
ו
שלש עולות בהמה שמביא עמהן על הראשונה הוא מתנה ואומר אם טהור אני זו מחובתי ואם טמא אני הרי היא נדבה וכן הוא אומר בשניה ובשלישית:
7
For the fourth shaving, he brings the sacrifices [required when completing a nazirite vow in] purity35 and stipulates: "If I was impure, the first burnt offering was a freewill offering36 and this is my obligatory offering.37
"If I was definitely [afflicted with tzara'at], the first [burnt offering] was the one that I was obligated to bring as a metzora.38 This is the one that I was obligated to bring for my nazirite vow. And the two [brought] in between are freewill offerings.39
"If I was pure with regard to contact with a corpse, but I had been afflicted with tzara'at, the first and second [burnt offerings] were obligatory, the one for the obligation of a metzora40 and the one for the obligation of a nazirite. The third and the fourth are freewill offerings. The remainder [of the sacrifices] are the sacrifices [required when completing a nazirite vow in] purity.41
"If I was impure and afflicted with tzara'at the first burnt offering was the obligation of a metzora.42 The second and the third are freewill offerings43 and this is the sacrifice [required when] shaving [after completing a nazirite vow in] purity."
ז
ומביא קרבן טהרה בתגלחת רביעית ואומר ומתנה אם טמא הייתי עולה ראשונה נדבה וזו חובה ואם מוחלט הייתי ראשונה חובת מצורע וזו חובת נזירות ושתים האמצעיות נדבה ואם טהור מטומאת מת הייתי ומצורע עולה הראשונה חובה וכן השניה אחת לחובת מצורע ואחת לחובת נזירות ושלישית ורביעית נדבה והשאר קרבן טהרתי ואם טמא הייתי ומצורע עולה ראשונה חובת צרעת ושניה ושלישית נדבה וזה קרבן תגלחת טהרה:
8
The guilt offering and the burnt offering are not absolute requirements,44 neither for the shaving [required for a nazirite to emerge from] ritual impurity, nor for [the purification afflicted with] tzara'at. 45 Thus if he had definitely been a metzora, but had not become impure because of contact with a corpse, he became pure when bringing the wild birds. The fowl brought as a sin offering serves as his sin offering.46 It should not be eaten because it was brought because of a doubt.47 And the [lamb] brought with it as a burnt offering is part of the requirement for shaving [after completing a nazirite vow in] purity, so that the shaving will be associated [with the sacrifice of] an animal.48 If he was ritually impure because of contact with a corpse, the [lamb] brought as a burnt offering is a freewill offering.49
If he had not been afflicted by tzara'at, but had been impure due to contact with a corpse, the fowl brought as a sin offering is the offering [required of] a nazirite who became impure and the [lamb] brought as an animal is a freewill offering. And ultimately,50 he will bring the sacrifices [required when a nazirite vow is completed in] purity.
If he was neither impure due to contact with a corpse nor a metzora, the [lamb] brought as a burnt offering for the first shaving is that required when shaving.51 The fowl brought as a sin offering is brought because of the doubt and it is not eaten.
ח
אבל האשם והעולה אינן מעכבין לא בתגלחת טומאה ולא בצרעת נמצאת אומר אם הוא מצורע ודאי ולא נטמא במת הרי טהר בצפורין וחטאת העוף היא חטאתו ולא תאכל מפני שהוא ספק ועולת בהמה שעמה מקרבן תגלחת טהרה כדי שיגלח על הבהמה ואם טמא מת הוא הרי עולת בהמה נדבה ואם אינו מצורע וטמא מת הוא חטאת העוף קרבן נזיר שנטמא ועולת בהמה נדבה והרי הביא קרבן טהרה באחרונה ואם אינו טמא מת ולא מצורע עולת בהמה שהביא בתגלחת הראשונה היא מחובת תגלחת וחטאת העוף באה על ספק והרי לא נאכלת:
9
When do the above statements that a nazirite performs four shavings apply? When speaking of a minor52 or a woman.53 An adult male should not perform a shaving because of a doubt,54 neither a shaving because of ritual impurity or one because of tzara'at lest he have been ritually pure and thus he will be cutting off the corners of his hair when there is no mitzvah involved.55Therefore, [in such a situation,] an adult male should perform only the shaving [required when completing the nazirite vow in] purity. For these four shavings are not absolute requirements,56 they are only [the more complete way of performing] the mitzvah.
ט
במה דברים אמורים שהוא מגלח ארבע תגלחות כשהיה קטן או אשה אבל האיש אינו מגלח מספק לא תגלחת טומאה ולא תגלחת צרעת שמא טהור הוא ונמצא מקיף פאת ראשו שלא במקום מצוה לפיכך אינו מגלח אלא תגלחת טהרה בלבד שאין ארבע תגלחות אלו לעכב אלא למצוה:
10
How should a nazirite conduct himself if he is certain that he contracted tzara'at and is uncertain whether he contracted ritual impurity. After he is purified from his tzara'at,57 he should have [the ashes of the Red Heifer] sprinkled upon him on the third and seventh days.58 He performs the shaving [required when emerging from] ritual impurity59 and then begins to count the days of his nazirite vow in their entirety. For, due to the doubt that he became ritually impure, [the observance of] the first days is nullified. [After completing that vow,] he brings the sacrifices [required when completing a nazirite vow in] purity and [is permitted to] drink wine. After he brings the sacrifices [required after being purified from] tzara'at, he may partake of sacrificial food.
י
נזיר שנצטרע ודאי ונטמא בספק כיצד הוא עושה אחר שיטהר מצרעתו מזה בשלישי ובשביעי ומגלח תגלחת טומאה ומתחיל למנות נזירותו כלה שהרי נפלו הימים הראשונים בספק טומאה שנטמא ומביא קרבן טהרה ושותה ביין ומאחר שיביא קרבן צרעת אוכל בקדשים:
11
[The following rules apply if] it is certain that he became impure [from contact with a corpse] and there is a question whether he was a metzora. After he is healed from his questionable status as a metzora, he should count the full amount of the days of his nazirite vow60 and afterwards61 perform the shaving [required for tzara'at]. [The rationale is that] shaving [because of tzara'at] that is questionable does not supercede his nazirite vow. Afterwards, he counts the seven days between the first shaving of a metzora and the second and performs that shaving. He should bring his sacrifices and may partake of sacrificial foods if he had [the ashes of the Red Heifer] sprinkled upon him on the third and seventh days.62 Afterwards, he counts seven more days [because of] the impurity associated with a corpse and performs the shaving [required to emerge from] ritual impurity. Afterwards, he counts the full term of his nazirite vow.
יא
נטמא ודאי והיה מצורע בספק וטהר מספק צרעתו מונה ימי נזירותו שלימה ואחר כך מגלח תגלחת הנגע שאין תגלחת ספק נגעו דוחה נזירות ואח"כ מונה שבעת ימים שבין תגלחת מצורע הראשונה לתגלחת שניה ומגלח ומביא קרבנותיו ואוכל בקדשים ומזה בשלישי ושביעי ואח"כ מונה שבעה אחרים לטומאת מת ומגלח תגלחת טומאה ואחר כך מונה נזירותו כולה:
12
Similarly, [the following rules apply if] he was certainly both ritually impure and a metzora. After he becomes healed from his tzara'at, he performs the first shaving [required to be purified from] tzara'at, has [the ashes of the Red Heifer] sprinkled upon him on the third and seventh [days],63and has his head and beard shaved on the seventh day. This is the second shaving [required to be purified from] tzara'at. He brings the sacrifices [associated with that purification] on the eighth day and may partake of sacrificial foods. He then counts seven days64 and performs the shaving [required to emerge from] ritual impurity. Afterwards, he counts the full term of his nazirite vow. He then brings the sacrifices [required when completing a nazirite vow in] ritual purity and [may then] drink wine.
יב
וכן אם היה טמא ומצורע בודאי לאחר שיטהר מצרעתו מגלח תגלחת צרעת הראשונה ומזה בשלישי ובשביעי ומגלח ראשו וזקנו בשביעי והיא תגלחת שניה של צרעת ומביא קרבנותיו בשמיני ואוכל בקדשים וסופר שבעה ומגלח תגלחת טומאה ואחר כך סופר ימי נזירות שלימה ומביא קרבן טהרה ושותה ביין:
13
Why is it necessary for him to count seven [days before bringing the sacrifices required after emerging from ritual impurity]?65 [Because] the seven days of ritual impurity [associated with contact with a human corpse] are not counted during the seven days between the two shavings of a metzora.
יג
למה סופר שבעה שאין שבעת ימי הטומאה עולין בשבעת ימי ספירה שבין תגלחת ותגלחת של מצורע:
14
When a person says: "I will be a nazirite if I do this and this" or "...if I do not do [this or this]," he is a wicked man and a nazirite vow of this type is one of the nazirite vows taken by the wicked. If, however, a person takes a nazirite vow to God in a holy manner, this is delightful and praiseworthy66 and concerning this, [Numbers 6:7-8] states: "The diadem67 of his God is upon his head... He is holy unto God." And Scripture equates him with a prophet, as [Amos 2:11] states: "And from your sons, I will raise [some] as prophets, and from your youths, [some] as nazirites."
יד
האומר הריני נזיר אם אעשה כך וכך או אם לא אעשה וכיוצא בזה הרי זה רשע ונזירות כזו מנזירות רשעים הוא אבל הנודר לה' דרך קדושה הרי זה נאה ומשובח ועל זה נאמר נזר אלהיו על ראשו קדש הוא לה' ושקלו הכתוב כנביא (שנאמר) ואקים מבניכם לנביאים ומבחוריכם לנזירים:
FOOTNOTES
1.
As stated in Hilchot Tumat Tzara'at 11:1-3, after the signs of tzara'at have disappeared from a person's flesh, he must undergo a twofold purification process that involves shaving his hair on the first and seventh days. Neither of these shavings can be considered as the same shaving as the one performed by a nazirite. The rationale is that the first shaving of the purification from tzara'at is for a different purpose than the shaving performed by a nazirite. For the intent of the shaving of a nazirite is to remove hair, while the intent of the first shaving performed by a person afflicted with tzara'at is to allow hair to grow (Nazir 60b, Radbaz). Similarly, the second shaving associated with tzara'at is not analogous to the shaving associated with the nazirite vow, for the shaving of a metzora is performed before the sprinkling of the blood and the shaving of a nazirite afterwards.
2.
Which involves a prohibition against shaving. As stated in Chapter 7, Halachah 15, ordinarily, "When a nazirite contracts tzara'at and becomes healed in the midst of the days of his nazirite vow, he should shave all of his hair. The rationale is that] by shaving, he fulfills a positive commandment. [And] when there is [a conflict between] a positive commandment and a negative commandment... the positive commandment supercedes the negative commandment." There is also a positive commandment for a nazirite to grow his hair long and a negative commandment does not override a negative commandment and a positive commandment. Nevertheless, when a nazirite contracts tzara'at, that there is no positive commandment involved in growing his hair. Since it is possible that this is not the situation prevailing in this instance, he should not shave (Radbaz).
3.
In this instance, it is questionable whether he is required to shave to perform a shaving to emerge from ritual impurity (as explained at the beginning of Chapter 6) or not.
4.
A person who seeks to emerge from the impurity associated from the state of ritual impurity associated with contact with a human corpse must have the ashes of a Red Heifer sprinkled upon him on the third and seventh days after he became ritually impure. He must also immerse himself in a mikveh (Hilchot Parah Adumah 11:1).
5.
For only then will he complete all the shavings required because of the doubts and complete his nazirite vow.
6.
For then he will have performed both of the shavings required of a person who contracted tzara'at and will have had the ashes of the Red Heifer sprinkled upon him to purify him from the impurity associated with contact with a human corpse.
7.
The Rambam mentions this shaving first, because this is the only definite obligation.
8.
For until then he is forbidden to shave because perhaps he is not impure and his nazirite vow must be observed. The details regarding the sacrifices that must be offered when shaving his hair are explained in Halachot 4-5.
9.
As stated in Halachah 9, this applies only to a minor or a woman who took nazirite vows. If the nazirite is an adult male, he may not shave his head, because of the doubt.
10.
According to certain commentaries, this refers to a kosher species of sparrows, according to others to a jay. See the notes of the Living Torah to Leviticus 14:4.
11.
See Hilchot Tumat Tzara'at, Chapter 11, where this purification process is described in detail.
12.
The Ra'avad writes that the Rambam's statements are correct if he became ritually impure more than seven days before the end of his first year of nazirite observance. If, however, there is less than seven days left before the conclusion of the year, different rules apply, for he will have not fulfilled the seven days required before shaving to emerge from impurity. The Kessef Mishneh takes issue with the Ra'avad's statements.
13.
Were he to have indeed been a metzora.
14.
And as stated in Chapter 7, Halachah 9, the days when a person's status is defined as a metzora are not included as part of the fulfillment of his nazirite vow.
15.
He could not wait only seven days, because it is possible he was not a metzora in which instance, he would not be permitted to shave his hair within the time of his nazirite vow.
16.
Our translation follows the understanding of the Radbaz and is supported by Halachah 5. The standard published text follows a slightly different version.
17.
And until he is ritually pure, the days he observes for his nazirite vow are not of consequence. He may not, however, perform these shavings earlier, because he is not definitely impure or a metzora.
18.
I.e., the first three shavings.
19.
Ordinarily, it is forbidden to benefit from the hair of a nazirite (Chapter 8, Halachah 2), even if he became impure (Chapter 6, Halachah 14). Nevertheless, as the Rambam states in Chapter 7, Halachah 15, when a nazirite becomes afflicted with tzara'at, the holiness associated with his hair is nullified. Even with regard to the last shaving, his hair is not definitely forbidden, because it is possible that he already fulfilled his obligations with the first shavings (Radbaz).
20.
This all follows the pattern explained in the notes to the previous halachah.
21.
The full order of sacrifices that such a person would be required to bring were he in fact to have contracted ritual impurity and have been afflicted by tzara'at is the following:
a) because of tzara'at: on the eighth day of the purification process, he must bring a guilt offering, a sin offering, and a burnt offering;
b) because he became impure, he must bring a sin offering, a guilt offering, and a burnt offering; and
c) upon completion of his nazirite vow in purity, he brings a burnt offering, a peace offering, and a sin offering.
22.
Because, as will be explained, it is possible to bring a fowl as a sacrifice when there is a doubt involved, but not an animal.
23.
See Hilchot Mechusrai Kapparah 5:10; Hilchot Shegagot 10:13.
A wealthy metzora must bring a ewe as a sin offering, while a poor one may bring two sets of doves or turtledoves. If the rich man retains possession of his property, he will not be able to bring a sin offering, because an animal can never be brought as a sin offering because of doubt (Radbaz).
24.
For all of these are brought because of the doubt involved.
25.
See Hilchot Pesulei HaMukdashim 19:10.
26.
Chapter 8, Halachah 1. The Rambam does not mention the wild birds that must be brought as part of the purification process for a metzora, for they were not sacrifices brought within the Temple.
27.
I.e., the sin offering brought after the first shaving.
28.
Because of contact with a corpse alone and not afflicted with tzara'at.
29.
The wild birds brought after the first shaving are not considered sacrifices, because they are not brought within the Temple.
According to this possibility, it was not necessary for him to have brought the sin offering at the time of the first shaving. That first shaving cannot, however, serve two purposes as the Rambam explains.
30.
See Halachah 2.
31.
I.e., the lambs.
32.
As required of a nazirite who completes his nazirite vow in purity.
33.
For the burnt offering required when a nazirite completes his vow in purity is a lamb and that required from a nazirite emerging from ritual impurity is a dove or turtle dove.
34.
I.e., for the second shaving, he should make the following stipulation: "If I was only ritually impure because of contact with a corpse, then the first sin offering was to emerge from ritual impurity and this is the sin offering required at the conclusion of the nazirite vow. If I had contracted tza'arat, this is for the sake of purification from that affliction. And if I was neither ritually impure nor had contracted tzara'at, this is a freewill offering."
For the third shaving, he should stipulate: "If I was both ritually impure and afflicted by tzara'at, the second sacrifice was to be purified from tzara'at and this is to emerge from the ritual impurity stemming from a corpse. If I had been afflicted by tzara'at, but not ritually impure, this is to complete the obligation of my nazirite vow. If I had not been afflicted by tzara'at, this is a freewill offering."
35.
I.e., a burnt offering, a sin offering, and a peace offering.
36.
For a nazirite who became impure should not bring a lamb as a burnt offering.
37.
We do not say that the burnt offering brought after the second or third shaving was the required offering, because perhaps he had been afflicted with tzara'at in which instance, those shavings were necessary to purify him (Kessef Mishneh).
38.
With regard to a sin offering, the Rambam wrote in Halachah 5 that a metzora should not bring his sacrifice until after the second shaving. For this reason, the Ra'avad protests the Rambam's statements. Nevertheless, as stated with regard to a related issue in Hilchot Ma'aseh HaKorbanot 18:9, a distinction can be made between a burnt offering and a sin offering, for the sin offering is the fundamental catalyst for atonement and the burnt offering is merely a present (Kessef Mishneh; Lechem Mishneh).
39.
One of these burnt offerings was obviously a freewill offering, because only one burnt offering is required for the two shavings required to be purified from tzara'at. The other burnt offering is also a freewill offering, because the shaving is required lest he was also impure because of contact with a corpse. Nevertheless, the burnt offering required for such a shaving is not a lamb, but rather a dove or a turtle dove.
40.
As explained above.
41.
The fact that they are being brought much later than the burnt offering is not significant.
42.
As explained above.
43.
One of these burnt offerings was obviously a freewill offering, because only one burnt offering is required for the two shavings required to be purified from tzara'at. The other burnt offering is also a freewill offering, because the shaving is required lest he was also impure because of contact with a corpse. Nevertheless, the burnt offering required for such a shaving is not a lamb, but rather a dove or a turtle dove.
44.
Hence they are not required in this complex situation.
45.
See Chapter 6, Halachah 12, with regard to a nazirite and Hilchot Mechusrei Kapparah 1:5 with regard to a metzora. The Ra'avad differs with the Rambam and maintains that the guilt offering is also an absolute requirement for the purification of a nazirite. The Radbaz and the Kessef Mishneh support the Rambam's ruling.
46.
The commentaries raise a difficulty with the Rambam's statement, noting that as explained in Halachah 5, the sin offering for a metzora is brought in association with the second shaving, not the first. The Merkevet HaMishneh states the intent is that the sacrifice is brought because of the question of impurity stemming from contact with a human corpse.
47.
For it is not known whether he was a metzora or not.
48.
For if he does not bring an animal as a sacrifice, the shaving is not acceptable and in violation of his nazirite vow.
49.
One of these burnt offerings was obviously a freewill offering, because only one burnt offering is required for the two shavings required to be purified from tzara'at. The other burnt offering is also a freewill offering, because the shaving is required lest he was also impure because of contact with a corpse. Nevertheless, the burnt offering required for such a shaving is not a lamb, but rather a dove or a turtle dove.
50.
After the fourth shaving.
51.
The fact that the remainder of the sacrifices are not brought until a significantly later time, i.e., after the fourth shaving, is not significant.
52.
As mentioned in Chapter 2, Halachah 13, a nazirite vow taken by a minor can be binding according to Scriptural Law.
53.
For the prohibition against shaving the corners of the hair and the beard is not incumbent upon them (Hilchot Avodat Kochavim 12:5).
54.
I.e., the first three shavings described above.
55.
As explained above, when a mitzvah is involved in the shaving, we follow the principle: The performance of a positive commandment supercedes the observance of a prohibition. This applies, however, only when we are certain that the observance of a positive commandment is indeed involved.
56.
See Hilchot Tumat Tzara'at 11:4.
57.
Shaving and bringing the appropriate sacrifices. The sequence when the shavings are performed and sacrifices are brought is not explicitly mentioned by the Rambam. However, as reflected in the gloss of the Lechem Mishneh, seemingly he may perform the shaving immediately. Since he is definitely afflicted with tzara'at, there is no prohibition against his shaving during the term of his nazirite vow.
58.
This purifies him from the impurity associated with a human corpse. Unless he performs this act of purification, no sacrifices may be offered on his behalf (Hilchot Bi'at HaMikdash 2:12). The fact that he is still ritually impure because of tzara'at does not prevent him from purifying himself from the impurity associated with contact with a corpse (Hilchot Parah Adumah 11:3).
59.
After the completion of all the days of his nazirite vow. He is required to wait this amount of time, because perhaps he never became impure. Thus were he to perform the shaving earlier, he might be shaving in the midst of his nazirite vow.
60.
Any observance of his vow before then is disqualified. Nor can he bring the sacrifices required when emerging from ritual impurity until he first purifies himself from the possibility of having been afflicted with tzara'at.
61.
Since it is not certain that he has tzara'at, the shaving does not supercede his nazirite vow and thus he must wait until the observance of his nazirite vow is concluded.
62.
For otherwise, he is ritually impure and may not partake of sacrifices. Our translation reflects an emendation of the standard published text of the Mishneh Torah based on authoritative manuscripts.
63.
To be purified from the ritual impurity stemming from contact with a human corpse, so that sacrifices may be offered on his behalf, as explained above.
64.
For the reason explained in the following halachah.
65.
I.e., he is required to wait this amount of time as explained in Chapter 6, Halachah 7, but seemingly, he has already waited these days, in the process of his purification from tzara'at.
66.
See ch. 13 of Hilchot Nedarim. Halachot 24 and 25 of that chapter focus on the negative dimension of taking vows that involve prohibitions, but Halachah 23 explains that there are situations, i.e., when one feels challenged by his material desires, when taking such vows are praiseworthy. See the incident from Nedarim 9b quoted in the notes to that halachah.
67.
This Hebrew term shares the same letters as the root of the word nazirite.
Arachim Vacharamim - Chapter 1
Introduction to Hilchos - Chapter 1
They contain seven mitzvot: five positive commandments and two negative commandment. They are:
1. To apply the judgments [applying to] endowment evaluations concerning humans, as prescribed by the Torah; these are the laws of endowment evaluations concerning humans.
2. The laws [applying to] endowment evaluations concerning animals.
3. The laws [applying to] endowment evaluations concerning homes.
4. The laws [applying to] endowment evaluations concerning fields.
5. The laws [applying to] one who designates his property as a devotion offering.
6. That [property designated as] a devotion offering should not be sold.
7. That [property designated as] a devotion offering should not be redeemed.
These mitzvot are explained in the ensuing chapters.
הלכות ערכין וחרמין - הקדמה
הלכות ערכין וחרמין יש בכללן שבע מצות חמש מצות עשה ושתים מצות לא תעשה וזה הוא פרטן:
(א) לדון בערכי אדם כאשר מפורש בתורה וזהו דין ערכי אדם
(ב) דין ערכי בהמה
(ג) דין ערכי בתים
(ד) דין ערכי שדות
(ה) דין מחרים נכסיו
(ו) שלא ימכר חרם
(ז) שלא יגאל חרם
וביאור מצות אלו בפרקים אלו:
1
Endowment valuations [arechim]1 are pledges included in the category of vows made to consecrate property,2 as [Leviticus] 27:2 states: "When a man will utter a vow, making an endowment evaluation concerning humans to God." Therefore [failure to fulfill them] makes one liable for the violation [of the prohibitions, Numbers 30:3:] "He shall not desecrate his word,"3 and [Deuteronomy 23:22]: "Do not delay in paying it,"4 and [the positive commandment, Numbers, loc. cit.]: "He shall act in accordance with all that he uttered with his mouth."5
א
הערכים הם נדר מכלל נדרי הקדש שנאמר איש כי יפליא נדר בערכך נפשות לה' לפיכך חייבין עליהן משום לא יחל דברו ולא תאחר לשלמו ומשום ככל היוצא מפיו יעשה:
2
It is a positive commandment to render judgment concerning arechim as prescribed by the Torah.6 Whether one says: "I pledge my airech," "I pledge the airech of this person," or "I pledge the airech of so-and-so," he must pay the airech as prescribed according to the age of the person specified.7This is a fixed amount as dictated by the Torah, neither more, nor less.
ב
מצות עשה לדון בדיני ערכין כאשר מפורש בתורה ואחד האומר ערכי עלי או האומר ערך זה עלי או ערך פלוני עלי נותן הערך לפי שני הנערך והוא הדבר הקצוב שבתורה לא פחות ולא יתר:
3
What is the airech [prescribed by the Torah]? If the person whose airech was donated was 30 days old or less,8 he has no airech. When one says: "I pledge the airech of this person," [and the person is 30 days old or less,] it is as if he said: "I pledge the airech of this utensil"9 and [the donor] is not liable at all.
If [the person whose airech was donated] was between 30 days old and a full five years,10 the airech of a male is five [silver] shekalim and of a female, three [silver] shekalim.11 From when one begins his or her sixth year until the completion of the twentieth year, the airech of a male is 20 [silver] shekalim and of a female, 10 [silver] shekalim. From when one begins his or her twenty-first year until the completion of the sixtieth year, the airech of a male is 50 [silver] shekalim and of a female, 30 [silver] shekalim..From when one begins his or her sixty-first year until the day of his or her death, [regardless of] the number of years [he or she lives,] theairech of a male is 15 [silver] shekalim and of a female, 10 [silver]shekalim..
ג
וכמה הוא הערך אם היה הנערך בן שלשים יום או פחות אין לו ערך והאומר עליו ערך זה עלי הרי זה כאומר ערך כלי זה עלי ואינו חייב כלום היה מבן אחד ושלשים יום עד בן חמש שנים גמורות ערך הזכר חמשה שקלים והנקבה שלשה שקלים משנכנס בשנת שש יום אחד עד שישלים שנת עשרים ערך הזכר עשרים שקלים והנקבה עשרה שקלים משיכנס בשנת אחת ועשרים יום עד שישלים שנת ששים ערך הזכר חמשים שקלים והנקבה שלשים שקלים ומשיכנס בשנת אחת וששים יום עד יום מותו אפילו חיה כמה שנים ערך הזכר חמשה עשר שקלים והנקבה עשרה שקלים:
4
All of these years are calculated from day to day from the person's birthday.12 All of the shekalim are holy shekalim, i.e., the weight in pure silver of 320 barley corns. [Our Sages] already added to the value [of this coin] and made it equivalent to a sela,13 as we explained in Hilchot Shekalim.14
ד
כל השנים האלו מעת לעת מיום הלידה וכל השקלים בשקל הקדש והוא משקל שלש מאות ועשרים שעורה מכסף טהור וכבר הוסיפו עליו ועשו אותו סלע כמו שבארנו בהלכות שקלים:
5
There is no airech for a tumtum15 or an androgynus,16 for the Torah prescribed an airech only for a male whose status is definite or a female whose status is definite. Therefore if a tumtum or an androgynus says: "I pledge my airech," or another person pledges their airech, their statements are of no consequence.17
ה
טומטום ואנדרוגינוס אין להם ערך שלא קצבה תורה ערך אלא לזכר ודאי או לנקבה ודאית לפיכך טומטום ואנדרוגינוס שאמר ערכי עלי או שהעריכו אחר אינו חייב כלום:
6
An airech may be pledged for a gentile, but the pledge of a gentile is of no consequence.18 What is implied? When a gentile says: "I pledge my airech," or "I pledge the airech of this Jew," his words are of no consequence. When, [by contrast,] a Jew says: "I pledge the airech of this gentile" or "I pledge the airech of so-and-so, the gentile," he must pay according to the age of the gentile whose airech he pledged. Similarly, if one pledges the airech of a deaf-mute or an intellectually or emotionally unstable person,19 he is obligated to pay according to that person's age.
ו
העכו"ם נערך אבל אינו מעריך כיצד עכו"ם שאמר ערכי עלי או ערך ישראל זה עלי לא אמר כלום וישראל שאמר ערך עכו"ם זה עלי או ערך פלוני העכו"ם עלי נותן לפי שני העכו"ם הנערך וכן המעריך את החרש ואת השוטה חייב ונותן לפי שניו:
7
An airech may be pledged for a servant and he may pledge an airech like any member of the Jewish people.20 If he is redeemed21 and he has financial resources, he should pay the pledge that he vowed.
ז
העבד נערך ועורך כשאר ישראל ואם יפדה והיה לו יתן ערך שנדר:
8
Whether a person pledges the airech of an attractive, healthy person or one who is ugly and infirm, he must give the fixed amount specified by the Torah according to the age of that person.22 [This applies] even if that person has leprous blotches, is blind, lacking a limb, or possesses any type of blemish.
ח
אחד המעריך את היפה הבריא ואחד המעריך את הכעור החולה אפילו היה הנערך מוכה שחין או סומא או גדם ויש בו כל מום נותן לפי שניו כמו שכתוב בתורה:
9
Pledges for a person's worth are not like arechim. What is implied? When a person says: "I am responsible for my worth," "I am responsible for that person's worth," or "I am responsible for the worth of so-and-so," he must pay the worth of that person as if he were a servant sold in the marketplace,23 whether it be a dinar or a thousand dinar.24 [This applies] even if that person is a minor one day old, a tumtum, an androgynus25 or a gentile.26
ט
הדמים אינן כערכין כיצד האומר דמי עלי או דמי זה עלי או דמי פלוני עלי אפילו היה אותו פלוני קטן בן יומו או טומטום ואנדרוגינוס או עכו"ם נותן מה שהוא שוה דינר או אלף כאילו הוא עבד הנמכר בשוק:
10
Unless specified otherwise,27 all arechim and all pledges of worth are [dedicated to] physical improvements to the Temple.28 They are placed in a special chamber in the Temple which is prepared for [funds] consecrated for physical improvements to the Temple.
י
והערכים כולן והדמים הכל סתמן לבדק הבית ויפלו הכל ללשכה שהיתה במקדש מוכנת לקדשי בדק הבית:
11
When a gentile says: "I am responsible for my worth" or "I am responsible for the worth of so-and-so," he must pay according to his vow. [The money] is not, however, placed in the [abovementioned] chamber. For we do not accept pledges or vows from gentiles to make physical improvements in the Temple or in Jerusalem as [Ezra 4:3]: "It is not for you [together] with us to build [a house for our God]." And [Nechemiah] 2:20] states: "And you do not have a portion, a right, or a remembrance in Jerusalem."
יא
עכו"ם שאמר דמי עלי או דמי פלוני עלי נותן כפי נדרו ואינו נופל ללשכה שאין מקבלין מן העכו"ם נדבה או נדר לחזק את בדק הבית או בדק ירושלים שנאמר לא לכם ולנו לבנות בית וגו' ונאמר ולכם אין חלק וצדקה וזכרון בירושלים:
12
What should be done with [these gifts]? We should question the gentile regarding the intent he had when taking the vow. If he had the intent to give it according to the guidance of the Jewish people, the court may use it for anything they see fit29 except improvements to the Temple and Jerusalem. If he said: "I took the vow for the sake of Heaven," [his gift] should be entombed.30
יב
ומה יעשה בהן יבדק העכו"ם על דעת מי נדר אם נדר על דעת ישראל יוציאוהו בית דין במה שיראה להם חוץ מבדק הבית ובדק ירושלים ואם אמר לשמים נדרתי יגנזו:
13
When a person is in his death throes,31 he has no airech,32nor has he any worth. Since most people in their death throes will die, he is considered as if he is [already] dead.33 Similarly, if a person was sentenced by a Jewish court to be executed because of a transgression that he committed34 and another person pledged his airech, he pledged his own airech, or he pledged his worth or another person pledged his worth, none of the above are liable for anything. For the person is considered as if he is already dead and a deceased person has no airech, nor any worth. With regard to this, [Leviticus 27:29] states: "Any condemned person who is condemned from mankind shall not be redeemed,"35i.e., there is no redemption for him and he is considered as if he is dead.
יג
הגוסס אין לו לא ערך ולא דמים הואיל ורוב הגוססין למיתה הרי הוא כמת וכן מי שנגמר דינו בבית דין של ישראל להורגו על עבירה שעבר והעריכו אחר או שהעריך עצמו או שאמר דמי עלי או שאמר אחר דמי זה עלי אינו חייב כלום שזה כמת הוא והמת אין לו ערך ולא דמים ועל זה נאמר כל חרם אשר יחרם מן האדם לא יפדה כלומר אין לו פדיון אלא הרי הוא כמת:
14
If a person who is being led to his execution pledges the airech of other people, pledges their worth, or causes damage, he is obligated to pay. [The money owed] is collected from his estate.36
יד
זה היוצא ליהרג שהעריך אחרים או נדר דמיהם או הזיק חייב לשלם וגובין הכל מנכסיו:
15
Priests and Levites may pledge arechim and their airech may be pledged by others like other Israelites.37 When a minor reaches the age when his vows are of consequence,38 and pledges a person's airech or worth, he is obligated to pay,39 for his vows are of consequence, as we explained in Hilchot Nedarim.
טו
כהנים ולויים מעריכין ונערכין כשאר ישראל וקטן שהגיע לעונת נדרים והעריך או נדר דמים חייב לשלם שהרי נדריו קיימים כמו שבארנו בהלכות נדרים:
16
The arechim are fixed according to the age of the person who is the object of the pledge, not the age of the person making the pledge. What is implied? When a twenty year-old tells a sixty year-old, "I pledge your airech," he must give the airech of a sixty year-old. When a sixty year-old tells a twenty year-old, "I pledge your airech," he must give the airech of a twenty year-old. Similar laws apply in all analogous situations.
טז
הערכין הקצובין לפי השנים הן שני הנערך ולא שני המעריך כיצד בן עשרים שאמר לבן ששים ערכך עלי נותן ערך בן ששים ובן ששים שאמר לבן עשרים ערכך עלי נותן ערך בן עשרים וכן כל כיוצא בזה:
17
The statements of the person pledging the airech must match his intent, as [is the law with regard] to other vows.40 One may appeal [to a sage] for the absolution of a pledge of an airech or one's worth, just as one may appeal for the absolution of other vows and consecrations.41
יז
וצריך המעריך שיהא פיו ולבו שוין כשאר הנדרים ונשאלין על הערכין ועל הדמים כדרך שנשאלין על שאר נדרים והקדשות:
18
When a person says: "I am responsible for the airech of these individuals," he must pay the combined airech of them all, each one of them according to his years. If he42 was poor, he should give one airech paid by a poor man43 for them all together. If he was wealthy, he should give the airech paid by a wealthy man44 for each one of them.
יח
האומר ערך אלו עלי נותן ערך כולן כל אחד ואחד לפי שניו ואם היה עני נותן על ידי כולם ערך אחד עני ואם היה עשיר נותןע"יכולן ערך עשיר:
19
When a person says: "I pledge my airech" and then repeats: "I pledge my airech" - even if he makes this statement several times - he must pay an airech for each pledge.45 If he says: "I pledge two of my arechim, he must pay two arechim. This also applies if he pledges four, or even 1000, arechim, he must pay the number that he pledged.
יט
האומר ערכי עלי וחזר ואמר ערכי עלי וכן אם אמר אפילו כמה פעמים חייב על כל אחת ואחת אמר שני ערכי עלי נותן שני ערכין וכן אם אמר ארבעה אפילו אלף נותן כמנין שנדר:
20
When one says: "I pledge an airech" without identifying the person whose airech he is pledging, but mentions an airech without any more particulars, he is liable to pay the lowest of all arechim, i.e., three shekalim.46
כ
אמר הרי עלי ערך ולא פירש ערך מי אלא ערך סתם נותן פחות שבערכין שהוא שלשת שקלים:
21
When a person says: "I pledge my airech," but dies before standing before [a court for] appraisal,47 his heirs are not liable to pay, as [implied by Leviticus 27:8]: "And he shall be made to stand before the priests and the priest will evaluate him."48 If he stood before [a court for] appraisal and then died, the heirs must pay.49
כא
האומר ערכי עלי ומת קודם שיעמוד בדין אין היורשין חייבין ליתן שנאמר והעמידו לפני הכהן והעריך אותו הכהן עמד בדין ומת יתנו היורשין:
22
If, however, he says: "I pledge my worth," even if he stands before [a court for] appraisal, but dies before they establish a fixed amount and the judges say how much he is worth, his heirs are not obligated to pay.50 If, however, they affixed his worth and then he died, his heirs must pay.
כב
אבל האומר דמי עלי אף על פי שעמד בדין ומת קודם שיקצצו דמיו ויאמרו הדיינין כמה ישוה אין היורשין חייבין ליתן ואם קצבו דמיו ואח"כ מת יתנו היורשין:
23
What is the difference between arechim and pledges of worth? [The amount required to be paid] for arechim is fixed by the Torah, while [the amount required to be paid] for a pledge of worth is not fixed.51
Similarly, when a person says: "I pledge the airech of so-and-so and both the person who made the pledge and the one whose airech was pledged died after the latter stood before [a court for] appraisal, the heirs [of the person who made the pledge] are obligated to pay.52 If the person whose airech was pledged died before standing before [a court for] appraisal, even though the person who made the pledge is alive, he is not liable. [The rationale is that] a deceased person does not have an airech and a person whose airech must stand before [a court for] appraisal [before the commitment becomes binding]. [Similarly,] if one said: "I pledge the worth of so-and-so" and that person stood for an appraisal, but died before an evaluation of his worth was established,53 [the one who made the pledge] is not liable, for a deceased person has no worth.
כג
ומה בין ערכין לדמים שערכין קצובין מן התורה והדמים אינן קצובין וכן האומר ערך פלוני עלי ומת העורך והנערך אחר שעמד הנערך בדין חייבין היורשין ליתן מת הנערך קודם שעמד בדין אע"פשהמעריך קיים הרי זה פטור שאין ערך למת והנערך צריך עמידה בדין אמר דמי פלוני עלי ועמד בדין ומת קודם שיקצצו דמיו הרי זה פטור שאין דמים למתים:
FOOTNOTES
1.
The translation "endowment evaluation" is used because the source of the word airech means "evaluate." Nevertheless, the term is not appropriate, because these endowments do not involve an evaluation of the worth of the person (house or field), but instead, a standard figure. It refers to a donation given to the Temple treasury of one's own free will to be used for improvements within the Temple or the like.
2.
See Hilchot Nedarim 1:2. The Rambam makes this statement to explain why he discusses these mitzvot in Sefer Hafla'ah (Kessef Mishneh). They are mentioned last, because unlike the other subjects discussed in this book, they concern donations to the Temple rather than prohibitions one takes upon oneself (Radbaz).
3.
See Hilchot Nedarim 1:5 with regard to this prohibition.
4.
The Rambam describes this prohibition as one of the 613 mitzvot of the Torah, but does not explain it in these halachot, but instead, in Hilchot Ma'aseh HaKorbanot (in the introduction to those halachot and in Chapter 14, Halachah 13).
5.
See Hilchot Nedarim 1:4 with regard to this positive commandment.
6.
See Leviticus, ch. 27. Sefer HaMitzvot (positive commandment 114) and Sefer HaChinuch (mitzvah 350) include this commandment among the 613 mitzvot of the Torah.
7.
I.e., the age of the person mentioned. The age of the donor is not significant.
8.
Until an infant reaches his thirty-first day, we are concerned that he will not survive. See also Hilchot Bikkurim 11:17. Note, however, the contrast to Halachah 9.
9.
For the Torah makes no mention of the construct of airachin with regard to utsensils.
10.
I.e., he reached his sixth birthday.
11.
A shekel is eight oz. of silver in contemporary measure.
12.
With regard to the censuses taken in the desert, the person's age at the beginning of the year was important. In this context, by contrast, the reckoning is made for every person individually.
13.
A coin widely used in the Second Temple era. It was somewhat larger than a shekel, weighing 384 barley corns of silver.
14.
Hilchot Shekalim 1:2.
15.
A person whose genital area is covered by flesh and thus it is impossible to determine his gender.
16.
A person with both male and female genital organs. See Hilchot Nazirut 2:11 for a detailed description of such a person's halachic status. See also Hilchot Ishut 2:24.
17.
If, however, a tumtum or androgynus pledges the airech of a man or a woman, the pledge is binding (Arachin 2a). If an operation is performed on a tumtum and it is revealed that he is a male or female, an airech may be given accordingly.
18.
Arachin 5b derives this from Leviticus 27:2 which introduces this mitzvah with the phrase: "Speak to the children of Israel," thus excluding gentiles from pledging endowment evaluations. Nevertheless, the verse includes the word ish, "man," seemingly unnecessarily, indicating that a pledge can be made concerning a gentile. This is the opinion of Rabbi Meir. Rabbi Yehudah derives the opposite concepts from the same verse.
The Ra'avad objects to the Rambam's ruling, maintaining that the halachah follows Rabbi Yehudah. The Radbaz and the Kessef Mishneh support the Rambam's ruling, citing Ezra 4:3 which states that the gentiles do not have a portion in building the Temple, the intent for which endowment evaluations are given. See also Halachah 11.
19.
Who are not liable in the observance of the mitzvot themselves, because they are not in control of their intellectual faculties.
20.
This applies even to a Canaanite servant, not only a Jewish servant (Arachin 2a).
21.
For, otherwise, all of his financial resources are acquired by his master.
22.
Note the contrast to the following halachah.
23.
See Chapter 8, Halachah 2.
24.
The person's age is of no consequence whatsoever.
25.
An airech may not be pledged for these individuals (Halachot 3 and 5).
26.
See Halachah 11.
27.
See Chapter 5, Halachah 19.
28.
The Rambam (and his sources) are borrowing the wording of II Kings 12:6.
29.
I.e., for matters that are for the communal benefit (the Rambam's Commentary to the Mishnah, Arachin 1:2).
30.
For it becomes consecrated and it is forbidden to benefit from it. See Hilchot Matanot Aniyim 8:8; Hilchot Meilah 5:15.
31.
Who is taking his last breathes (the Rambam's Commentary to the Mishnah, Arachin 1:3, Rav Kappach's translation). Compare to Hilchot Gerushin 6:28.
32.
Nor is an airech he takes binding (Arachin 6b). Note the contrast to the following halachah and note the gloss of the Radbaz.
33.
Note, however, Hilchot Evel 4:5.
34.
Since the Torah has condemned such a person to death, the matter is not dependent on the will of mortals. If, by contrast, one is condemned to death by a mortal king, these laws do not apply, because it is possible that the king will retract his decree (the Rambam's Commentary to the Mishnah, loc. cit.). Compare to Hilchot Gerushin 6:29.
35.
Our translation follows the commentary of Rashi and others.
36.
Even against the will of the heirs, for a binding obligation has been created on the estate. Just as an estate is liable for the loans taken by the testator when supported by a legal document, so too, it is liable for the obligations established by Torah Law (the Rambam' s Commentary to the Mishnah, Arachin 1:3).
37.
In his Commentary to the Mishnah (Arachin 1:1), the Rambam explains that since these individuals are not liable for the redemption of the firstborn, one might think that they are not liable in this context as well. Hence, it is necessary to emphasize that they are.
38.
As explained in Hilchot Nedarim 11:1-3, when a twelve year old boy and an eleven year old girl are aware of the significance of their vows, their vows are binding according to Scriptural Law. Below this age, their vows are not binding.
39.
When he comes of age and has money of his own.
40.
See Hilchot Nedarim 2:2. Since Leviticus 27:2 uses the term vow when speaking of these pledges, they are bound by the laws applying to other vows.
41.
See Hilchot Nedarim 4:5,7.
42.
The person making the pledge.
43.
See Chapter 3, Halachot 2-3, which states that the minimum amount of an airech is a sela. The Lechem Mishneh rules that a sela must be given for each individual whose airech he pledged.
44.
I.e., the airech specified by the Torah.
45.
For arechim are vows and one vow can take effect upon another (Radbaz).
46.
We assume that his obligation was for the smallest amount possible.
47.
See Chapter 8, Halachah 2.
48.
I.e., the obligation takes effect only when he stands before the priest for appraisal (the Rambam' s Commentary to the Mishnah, Arachin 5:3). Since he did not do that, his heirs are under no obligation (Radbaz). The Ra'avad, however, differs with the Rambam and maintains that as soon as a person pledges an airech, he is liable for it and an obligation is created for his estate. Hence, he differs with the Rambam's ruling.
Apparently, the Rambam is saying that if a person pledges an airech, he must stand before a priest and state his age, so that the priest will establish his appraisal. The Merkevat HaMishneh notes that the literal meaning of the verse is that if a person is too poor to pay the airech, the priests will evaluate how much he can pay.
49.
For once an airech is established, a binding obligation is incurred and his estate is required to pay.
50.
Until an appraisal is established by the courts, the obligation is not defined. Hence, when he dies, all liability is removed from the estate because a deceased person has no worth (Arachin 20a).
51.
According to early printings and authoritative manuscripts of the Mishneh Torah. This clause should be part of the previous halachah and the present halachah begins: "Similarly, when a person says: 'I pledge....'"
52.
This is a direct extension of the concepts stated in Halachah 21.
53.
As the Rambam emphasizes in his Commentary to the Mishnah (Arachin 5:2), there is a difference in this regard between the pledge of an airech and the pledge of a person's worth. When his airech is pledged, the person who made the pledge is liable as soon as he stands before the court for appraisal. Since the matter is dependent on his age alone, there is no need for an evaluation. When, by contrast, a person's worth is pledged, that worth must be evaluated and until the evaluation is completed, there is no obligation.
Hayom Yom:
• English Text | Video Class
Shabbat, Shevat 4, 5778 · 20 January 2018
"Today's Day"
Sunday, Sh'vat 4, 5703
Torah lessons: Chumash: Bo, first parsha with Rashi.
Tehillim: 23-28.
Tanya: Ch. 17. with the above (p. 71)...commandments and Torah. (p. 73).
Mitzrayim (Egypt) expresses constriction, limitation. The spiritual Egyptian exile is the animal soul's restricting and concealing the G-dly soul so severely that the G-dly soul is compressed to the degree that it is diminished and obscured. "Exodus from Egypt" is the removal of the constriction and bounds; i.e. the intellect in the brain illuminates the heart, bringing about fine character traits translated into actual practice.
RELATED VIDEO: Reflections on Today's Hayom Yom
Daily Thought:Longing for Spring
Cultivate the soul with hope; teach it to await the break of dawn.
Through its ordeals, the earth is softened to absorb the rains. Yet it still must hope—for this is a Spring that comes for those that long for it.
And so the sages say, “In the merit of hope, our parents were redeemed from Egypt.” (7 Cheshvan, 5746.)
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