Today in Judaism ~ Today is: Monday, Cheshvan 17, 5704 ~ 21 October 2013 ~~ Tuesday, Cheshvan 18, 5774 ~ 22 October 2013

Today in Judaism ~ Today is: Monday, Cheshvan 17, 5704 ~ 21 October 2013 ~~ Tuesday, Cheshvan 18, 5774 ~ 22 October 2013

Today in Jewish History:

Great Flood Begins (2105 BCE)

The rains began to fall on the 17th of Cheshvan of the year 1656 from creation (2105), flooding the earth and rising above the highest mountains. Only Noah and his family survived, in the ark built to that end by Divine command, and a pair of each animal species, who entered with him into the ark.

The following is a chronology of the Flood, as indicated by the dates and time periods given in the Torah's account and calculated by Rashi:
Cheshvan 17: Noah enters ark; rains begin.
Kislev 27: Forty days of rain end; begin 150 days of water's swelling and churning, during which the water reaches a height of 15 cubits above the mountain peaks.
Sivan 1: Water calms and begins to subside at the rate of one cubit every four days.
Sivan 17: The bottom of the ark, submerged 11 cubits beneath the surface, touches down on the top of Mount Ararat.
Av 1: The mountain peaks break the water's surface.
Elul 10:Forty days after the mountain peaks becom visible, Noah opens the ark's window and dispatches a raven.
Elul 17: Noah sends the dove for the first time.
Elul 23: The dove is sent a second time, and returns with an olive leaf in its beak.
Tishrei 1: Dove's third mission. Water completely drained.
Cheshvan 27: Ground fully dried. Noah exits ark.
(This chronology follows the opinion of the Talmudic sage Rabbi Eliezer; according to Rabbi Joshua's interpretation, the Flood began on Iyar 17, and all above dates should be moved ahead six months.)
Total time that Noah spent in the ark: 365 days (one solar year; one year and 11 days on the lunar calendar).

Link: See the Torah's account of the Great Flood, Rashi's commentary, and insights and interpretations from sages, scholars and mystics through the ages on the Noach Parshah Page

Assassination of Meir Kahane

Born in 1932, Meir Kahane was a controversial American-Israeli rabbi and activist. In 1968, he founded the Jewish Defense League in New York. With the motto of "Never Again," the stated goal of the organization was to protect Jews from anti-Semitism in all its forms. In 1971, he moved his family to Israel, founding the Kach political party, and he was elected to the Knesset in 1984 (the Kach party was later outlawed in Israel). In 1990, after concluding a speech in a Manhattan hotel, Kahane was fatally shot by an Egyptian-born terrorist. While strangely acquitted of the murder, El Sayyid Nosair was later convicted in relation to the 1993 World Trade Center bombing.

Daily Study:

Chitas and Rambam for today:

Chumash with Rashi: Parshat Chayei Sarah, 2nd Portion (Genesis 23:17-24:9) & Parshat Chayei Sarah, 3rd Portion (Genesis 24:10-24:26)

Chapter 23

17. And so the field of Ephron which was in Machpelah, facing Mamre, was established (as Abraham's possession). [This included] the field and the cave that was in it, and all the trees that were in the field, which were within its entire border around.

יז. וַיָּקָם | שְׂדֵה עֶפְרוֹן אֲשֶׁר בַּמַּכְפֵּלָה אֲשֶׁר לִפְנֵי מַמְרֵא הַשָּׂדֶה וְהַמְּעָרָה אֲשֶׁר בּוֹ וְכָל הָעֵץ אֲשֶׁר בַּשָּׂדֶה אֲשֶׁר בְּכָל גְּבֻלוֹ סָבִיב:

the field of Ephron…was established: Heb. וַיָקָם, lit. it arose. It experienced an elevation, for it left the possession of a simple person [and went] into the possession of a king (Gen. Rabbah 48:8). The simple meaning of the verse is: And the field and the cave that was within it, and all the trees…were established to Abraham as a possession, etc. — from Targum Jonathan ben Uzziel]

ויקם שדה עפרון: תקומה היתה לה שיצאה מיד הדיוט ליד מלך. ופשוטו של מקרא ויקם השדה והמערה אשר בו וכל העץ לאברהם למקנה וגו':

18. [It was] to Abraham as a possession before the eyes of the sons of Heth, in the presence of all who had come within the gate of his city.

יח. לְאַבְרָהָם לְמִקְנָה לְעֵינֵי בְנֵי חֵת בְּכֹל בָּאֵי שַׁעַר עִירוֹ:

in the presence of all who had come within the gate of his city: In the midst of them all and in the presence of all he sold it to him.

בכל באי שער עירו: בקרב כולם ובמעמד כולם הקנהו לו:  

19. And afterwards, Abraham buried Sarah his wife in the cave of the field of Machpelah, facing Mamre, which is Hebron, in the land of Canaan.

יט. וְאַחֲרֵי כֵן קָבַר אַבְרָהָם אֶת שָׂרָה אִשְׁתּוֹ אֶל מְעָרַת שְׂדֵה הַמַּכְפֵּלָה עַל פְּנֵי מַמְרֵא הִוא חֶבְרוֹן בְּאֶרֶץ כְּנָעַן:

20. And the field and the cave within it were established to Abraham as burial property, [purchased] from the sons of Heth.

כ. וַיָּקָם הַשָּׂדֶה וְהַמְּעָרָה אֲשֶׁר בּוֹ לְאַבְרָהָם לַאֲחֻזַּת קָבֶר מֵאֵת בְּנֵי חֵת:

Chapter 24

1. And Abraham was old, advanced in days, and the Lord had blessed Abraham with everything.

א. וְאַבְרָהָם זָקֵן בָּא בַּיָּמִים וַיהֹוָה בֵּרַךְ אֶת אַבְרָהָם בַּכֹּל:

had blessed Abraham with everything: [The word] בַּכֹּל is numerically equal to בֵּן [son]. Since he had a son, he had to find him a wife.

ברך את אברהם בכל: בכל עולה בגימטריא בן, ומאחר שהיה לו בן היה צריך להשיאו אשה:

2. And Abraham said to his servant, the elder of his house, who ruled over all that was his, "Please place your hand under my thigh.

ב. וַיֹּאמֶר אַבְרָהָם אֶל עַבְדּוֹ זְקַן בֵּיתוֹ הַמּשֵׁל בְּכָל אֲשֶׁר לוֹ שִׂים נָא יָדְךָ תַּחַת יְרֵכִי:

the elder of his house: Since [the word זְקַן] is in the construct state, it is vowelized זְקַן.

זקן ביתו: לפי שהוא דבוק נקוד זקן:

under my thigh: (Shev. 38) Since one who swears must take with his hand an article related to a mitzvah such as a Torah scroll or Tefillin, and circumcision was his first mitzvah, and he had fulfilled it with pain, it was dear to him; so he took it.

תחת ירכי: לפי שהנשבע צריך שיטול בידו חפץ של מצוה, כגון ספר תורה או תפילין, והמילה היתה מצוה ראשונה לו ובאה לו על ידי צער והיתה חביבה עליו ונטלה:   

3. And I will adjure you by the Lord, the God of the heaven and the God of the earth, that you will not take a wife for my son from the daughters of the Canaanites, in whose midst I dwell.

ג. וְאַשְׁבִּיעֲךָ בַּיהֹוָה אֱלֹהֵי הַשָּׁמַיִם וֵאלֹהֵי הָאָרֶץ אֲשֶׁר לֹא תִקַּח אִשָּׁה לִבְנִי מִבְּנוֹת הַכְּנַעֲנִי אֲשֶׁר אָנֹכִי יוֹשֵׁב בְּקִרְבּוֹ:

4. But you shall go to my land and to my birthplace, and you shall take a wife for my son, for Isaac."

ד. כִּי אֶל אַרְצִי וְאֶל מוֹלַדְתִּי תֵּלֵךְ וְלָקַחְתָּ אִשָּׁה לִבְנִי לְיִצְחָק:

5. And the servant said to him, "Perhaps the woman will not wish to go after me to this land. Shall I return your son to the land from which you came?"

ה. וַיֹּאמֶר אֵלָיו הָעֶבֶד אוּלַי לֹא תֹאבֶה הָאִשָּׁה לָלֶכֶת אַחֲרַי אֶל הָאָרֶץ הַזֹּאת הֶהָשֵׁב אָשִׁיב אֶת בִּנְךָ אֶל הָאָרֶץ אֲשֶׁר יָצָאתָ מִשָּׁם:

6. And Abraham said to him, "Beware, lest you return my son back there.

ו. וַיֹּאמֶר אֵלָיו אַבְרָהָם הִשָּׁמֶר לְךָ פֶּן תָּשִׁיב אֶת בְּנִי שָׁמָּה:

7. The Lord, God of the heavens, Who took me from my father's house and from the land of my birth, and Who spoke about me, and Who swore to me, saying, 'To your seed will I give this land' He will send His angel before you, and you shall take a wife for my son from there.

ז. יְהֹוָה | אֱלֹהֵי הַשָּׁמַיִם אֲשֶׁר לְקָחַנִי מִבֵּית אָבִי וּמֵאֶרֶץ מוֹלַדְתִּי וַאֲשֶׁר דִּבֶּר לִי וַאֲשֶׁר נִשְׁבַּע לִי לֵאמֹר לְזַרְעֲךָ אֶתֵּן אֶת הָאָרֶץ הַזֹּאת הוּא יִשְׁלַח מַלְאָכוֹ לְפָנֶיךָ וְלָקַחְתָּ אִשָּׁה לִבְנִי מִשָּׁם:

The Lord, God of the heavens, Who took me from my father’s house: But he did not say, “and the God of the earth,” whereas above (verse 3) he said, “And I will adjure you [by the Lord, the God of the heaven and the God of the earth].” He said to him,“Now He is the God of the heaven and the God of the earth, because I have made Him familiar in the mouths of the people, but when He took me from my father’s house, He was the God of the heavens but not the God of the earth, because mankind did not acknowledge Him, and His name was not familiar on the earth.”

ה' אלהי השמים אשר לקחני מבית אבי: ולא אמר ואלהי הארץ, ולמעלה אמר (פסוק ג) ואשביעך בה' אלהי השמים ואלהי הארץ. אמר לו עכשיו הוא אלהי השמים ואלהי הארץ, שהרגלתיו בפי הבריות, אבל כשלקחני מבית אבי היה אלהי השמים ולא אלהי הארץ, שלא היו באי עולם מכירים בו, ושמו לא היה רגיל בארץ:

from my father’s house: from Haran.

מבית אבי: מחרן:

and from the land of my birth: from Ur of the Chaldees.

ומארץ מולדתי: מאור כשדים:

and Who spoke about me: [Here לִי means]“concerning me,” like אֲשֶׁר דִבֵּר,“who spoke concerning me.” Similarly, every לִי, לוֹ, and לָהֶם used in conjunction with the verb דבר -speak-is to be interpreted in the sense of עַל,“concerning,” and their Aramaic translation is עִלֵי, עִלוֹהִי, עִלֵיהוֹן. For in conjunction with דִּבּוּר, the use of the terms לִי, לוֹ, and לָהֶם is inappropriate, but rather אֵלַי, אֵלָיו and אִלֵיהֶם [are to be used], and their Aramaic translation is עִמִּי, עִמֵּיהּ, עִמְּהוֹן However, following the expression אִמִירה [saying], the terms לִי, לוֹ, and לָהֶם are appropriate.

ואשר דבר לי: לצרכי, כמו (מלכים א' ב ד) אשר דבר עלי, וכן כל לי ולו ולהם הסמוכים אצל דבור מפורשים בלשון על, ותרגום שלהם עלי עלוהי עליהון, שאין נופל אצל דבור לשון לי ולו ולהם, אלא אלי אליו אליהם ותרגום שלהם עמי עמיה עמהון, אבל אצל אמירה נופל לשון לי ולו ולהם:

and Who swore to me: At the Covenant Between the Parts.

ואשר נשבע לי: בין הבתרים:

8. And if the woman will not wish to go after you, you will be absolved of this, my oath; only do not return my son back there."

ח. וְאִם לֹא תֹאבֶה הָאִשָּׁה לָלֶכֶת אַחֲרֶיךָ וְנִקִּיתָ מִשְּׁבֻעָתִי זֹאת רַק אֶת בְּנִי לֹא תָשֵׁב שָׁמָּה:

you will be absolved of this, my oath: And take him a wife from the daughters of Aner, Eshkol, and Mamre. — [From Gen. Rabbah 49:8]

ונקית משבועתי וגו': וקח לו אשה מבנות ענר אשכול וממרא:

only…my son: “Only” is restrictive. My son will not return, but Jacob, my grandson, will ultimately return.

רק את בני וגו': רק מיעוט הוא, בני אינו חוזר אבל יעקב בן בני סופו לחזור:

9. And the servant placed his hand under the thigh of Abraham his master, and he swore to him concerning this matter.

ט. וַיָּשֶׂם הָעֶבֶד אֶת יָדוֹ תַּחַת יֶרֶךְ אַבְרָהָם אֲדֹנָיו וַיִּשָּׁבַע לוֹ עַל הַדָּבָר הַזֶּה:

Chapter 24

10. And the servant took ten camels of his master's camels, and he went, and all the best of his master was in his hand; and he arose, and he went to Aram naharaim, to the city of Nahor.

י. וַיִּקַּח הָעֶבֶד עֲשָׂרָה גְמַלִּים מִגְּמַלֵּי אֲדֹנָיו וַיֵּלֶךְ וְכָל טוּב אֲדֹנָיו בְּיָדוֹ וַיָּקָם וַיֵּלֶךְ אֶל אֲרַם נַהֲרַיִם אֶל עִיר נָחוֹר:

of his master’s camels: (Gen. Rabbah 59:11). They were distinguishable from other camels by the fact that they would go out muzzled to prevent robbery, that they should not graze in strangers’ fields.

מגמלי אדוניו: נכרין היו משאר גמלים, שהיו יוצאין זמומין מפני הגזל שלא ירעו בשדות אחרים:

all the best of his master was in his hand: (Gen. Rabbah ad loc.) He wrote a gift deed to Isaac for everything he owned, so that they would hasten [lit., jump] to send him their daughter.

וכל טוב אדוניו בידו: שטר מתנה כתב ליצחק על כל אשר לו, כדי שיקפצו לשלוח לו בתם:

Aram-naharaim: [lit., Aram of the two rivers.] It is situated between two rivers.

ארם נהרים: בין שתי נהרות יושבת:

11. And he made the camels kneel outside the city beside the well of water, at eventide, at the time the maidens go out to draw water.

יא. וַיַּבְרֵךְ הַגְּמַלִּים מִחוּץ לָעִיר אֶל בְּאֵר הַמָּיִם לְעֵת עֶרֶב לְעֵת צֵאת הַשֹּׁאֲבֹת:

And he made the camels kneel: He made them lie down. — [Gen. Rabbah 59:11, Targum Jonathan]

ויברך הגמלים: הרביצם:  

12. And he said, "O Lord, the God of my master Abraham, please cause to happen to me today, and perform loving kindness with my master, Abraham.

יב. וַיֹּאמַר | יְהֹוָה אֱלֹהֵי אֲדֹנִי אַבְרָהָם הַקְרֵה נָא לְפָנַי הַיּוֹם וַעֲשֵׂה חֶסֶד עִם אֲדֹנִי אַבְרָהָם:

13. Behold, I am standing by the water fountain, and the daughters of the people of the city are coming out to draw water.

יג. הִנֵּה אָנֹכִי נִצָּב עַל עֵין הַמָּיִם וּבְנוֹת אַנְשֵׁי הָעִיר יֹצְאֹת לִשְׁאֹב מָיִם:

14. And it will be, [that] the maiden to whom I will say, 'Lower your pitcher and I will drink,' and she will say, 'Drink, and I will also water your camels,' her have You designated for Your servant, for Isaac, and through her may I know that You have performed loving kindness with my master."

יד. וְהָיָה הַנַּעֲרָה אֲשֶׁר אֹמַר אֵלֶיהָ הַטִּי נָא כַדֵּךְ וְאֶשְׁתֶּה וְאָמְרָה שְׁתֵה וְגַם גְּמַלֶּיךָ אַשְׁקֶה אֹתָהּ הֹכַחְתָּ לְעַבְדְּךָ לְיִצְחָק וּבָהּ אֵדַע כִּי עָשִׂיתָ חֶסֶד עִם אֲדֹנִי:

her have You designated: She is worthy of him, for she will perform acts of kindness, and she is fit to enter the house of Abraham; and the expression הֹכַחְתָּ means “You chose,” esprover in Old French.

אותה הכחת: ראויה היא לו שתהא גומלת חסדים וכדאי ליכנס בביתו של אברהם. ולשון הוכחת ביררת, אפרוביש"ט בלע"ז [להראות בבירור]:

and through her may I know: An expression of supplication:“Let me know through her.”

ובה אדע: לשון תחנה, הודע לי בה:

that You have performed loving-kindness: If she will be from his family and fit for him, I will know that You have performed loving-kindness.

כי עשית חסד: אם תהיה ממשפחתו והוגנת לו, אדע כי עשית חסד:

15. Now he had not yet finished speaking, and behold, Rebecca came out, who had been born to Bethuel the son of Milcah, the wife of Nahor, Abraham's brother, and her pitcher was on her shoulder.

טו. וַיְהִי הוּא טֶרֶם כִּלָּה לְדַבֵּר וְהִנֵּה רִבְקָה יֹצֵאת אֲשֶׁר יֻלְּדָה לִבְתוּאֵל בֶּן מִלְכָּה אֵשֶׁת נָחוֹר אֲחִי אַבְרָהָם וְכַדָּהּ עַל שִׁכְמָהּ:

16. Now the maiden was of very comely appearance, a virgin, and no man had been intimate with her, and she went down to the fountain, and she filled her pitcher and went up.

טז. וְהַנַּעֲרָה טֹבַת מַרְאֶה מְאֹד בְּתוּלָה וְאִישׁ לֹא יְדָעָהּ וַתֵּרֶד הָעַיְנָה וַתְּמַלֵּא כַדָּהּ וַתָּעַל:

a virgin: from the place of her virginity. — [Gen. Rabbah 60:5]

בתולה: ממקום בתולים:

and no man had been intimate with her: in an unnatural way. Since the daughters of the gentiles would preserve their virginity but were promiscuous in unnatural ways, Scripture attests that she was completely innocent. — [Gen. Rabbah ad loc.]

ואיש לא ידעה: שלא כדרכה, לפי שבנות הגוים היו משמרות מקום בתוליהן ומפקירות עצמן ממקום אחר, העיד על זו שנקיה מכל:

17. And the servant ran toward her, and he said, "Please let me sip a little water from your pitcher."

יז. וַיָּרָץ הָעֶבֶד לִקְרָאתָהּ וַיֹּאמֶר הַגְמִיאִינִי נָא מְעַט מַיִם מִכַּדֵּךְ:

And the servant ran toward her: Because he saw that the water had risen toward her. — [Gen. Rabbah ad loc.]

וירץ העבד לקראתה: לפי שראה שעלו המים לקראתה:

Please let me sip: An expression of swallowing, humer in Old French.

הגמיאיני נא: לשון גמיעה, הומיי"ר בלע"ז [לגמוא]:

18. And she said, "Drink, my lord." And she hastened and lowered her pitcher to her hand, and she gave him to drink.

יח. וַתֹּאמֶר שְׁתֵה אֲדֹנִי וַתְּמַהֵר וַתֹּרֶד כַּדָּהּ עַל יָדָהּ וַתַּשְׁקֵהוּ:

and lowered her pitcher: from her shoulder.

ותורד כדה: מעל שכמה:

19. And she finished giving him to drink, and she said, "I will also draw for your camels, until they will have finished drinking."

יט. וַתְּכַל לְהַשְׁקֹתוֹ וַתֹּאמֶר גַּם לִגְמַלֶּיךָ אֶשְׁאָב עַד אִם כִּלּוּ לִשְׁתֹּת:

until they will have finished drinking: Here the word אִם is used in the sense of אִשֶׁר, that

עד אם כלו: הרי אם משמש בלשון אשר, אם כלו, די ספקון, שזו היא גמר שתייתן כששתו די ספוקן:

they will have finished: Onkelos renders: until they have had enough, because that is the end of their drinking, when they have drunk their fill.

:

20. And she hastened, and she emptied her pitcher into the trough, and she ran again to the well to draw water, and she drew for all his camels.

כ. וַתְּמַהֵר וַתְּעַר כַּדָּהּ אֶל הַשֹּׁקֶת וַתָּרָץ עוֹד אֶל הַבְּאֵר לִשְׁאֹב וַתִּשְׁאַב לְכָל גְּמַלָּיו:

and she emptied: וַתְּעַר is an expression of emptying. There are many examples in the language of the Mishnah:“One who empties (הַמְעָרֵה) from one vessel to another.” It is also found in Scripture (Psalms 141:8):“Do not cast out (תְּעַר) my soul” ; (Isa. 53:12):“That he poured out (הֶעֱרָה) his soul to death.”

ותער: לשון נפיצה, והרבה יש בלשון משנה (עבודה זרה ה ז) המערה מכלי אל כלי, ובמקרא יש לו דומה (תהלים קמא ח) אל תער נפשי, (ישעיה נג יב) אשר הערה למות נפשו:

the trough: A hollow stone from which the camels drink.

השקת: אבן חלולה ששותים בה הגמלים:

21. And the man was astonished at her, standing silent, [waiting] to know whether the Lord had caused his way to prosper or not.

כא. וְהָאִישׁ מִשְׁתָּאֵה לָהּ מַחֲרִישׁ לָדַעַת הַהִצְלִיחַ יְהֹוָה דַּרְכּוֹ אִם לֹא

was astonished: Heb. מִשְׁתָּאֵה, an expression of desolation, as in (Isa. 6:11):“[until] the cities become desolate (שָׁאוּ) …and [the ground] lies waste (תִּשָׁאֶה) and desolate.”

משתאה: לשון שאייה, כמו (ישעיה ו יא) שאו ערים, תשאה שממה:

was astonished: מִשְׁתָּאֵה [means that] he was astonished and startled because he saw his efforts on the verge of succeeding, but he did not yet know whether she was of Abraham’s family or not. Do not be surprised by the letter“tav” in the word מִשׁ ְתָּאֵה [since the root is שׁאה], because there is no word [verb] whose first root-letter is a “shin,” which is used in the reflexive [Hitpa’el] form, in which a“tav” does not separate the first two letters of the root, e.g. מִשְׁתָּאֵה [here]; or (Isa. 59:15) מִשְׁתּוֹלֵל which is from the same root as תּשׁוֹלָל or (ibid. 59:16) וַיִּשְׁתּוֹמֵם, from the same root as שְׁמָמָה or (Micah 6:16):“And the statutes of Omri shall be observed (וַיִּשְתַמֵּר),” from the same root as וַיִּשְׁמֹר. Here too, מִשְׁתָּאֵה is from the same root as תִּשָׁאֶה. And just as you find the expression מְשׁוֹמֵם used concerning a person who is astonished, dumbfounded, and engrossed in thought, as in (Job 18:20):“Those who come after shall be astonished (נָשַׁמּוּ) at his day” ; or (Jer. 2:12):“O heavens, be ye astonished (שׁוֹמּוּ)” ; or (Dan. 4: 16):“He was bewildered (אֶשְׁתּוֹמַם) for awhile”; so can you explain the expression שְׁאִיָה as referring to a person who is astonished and engrossed in thought. Onkelos, however, renders it as an expression of waiting (שְׁהִיָה) :“and the man waited (שָׁהֵי) ,” [meaning that] he waited and stood in one place to see“whether the Lord had made his way prosper.” However, we cannot translate מִשְׁתָּאֵה as meaning שָׁתֵי,“to drink,” because [the word מִשְׁתָּאֵה] does not mean drinking, for the “aleph” does not occur in the verb“to drink” (שְׁתִּיָה).

משתאה: משתומם ומתבהל על שראה דברו קרוב להצליח. אבל אינו יודע אם ממשפחת אברהם היא אם לאו. ואל תתמה בתי"ו של משתאה שאין לך תיבה שתחלת יסודה שי"ן ומדברת בלשון מתפעל שאין תי"ו מפרידה בין שתי אותיות של עיקר היסוד כגון משתאה מגזרת שאה, (ישעיה נט טו) משתולל מגזרת שולל, (שם נט טז) וישתומם מגזרת שממה, (מיכה ו טז) וישתמר חקות עמרי מגזרת וישמר, אף כאן משתאה מגזרת תשאה, וכשם שאתה מוצא לשון משומם באדם נבהל ונאלם ובעל מחשבות, כמו (איוב יח כ) על יומו נשמו אחרונים, (ירמיה ב יב) שומו שמים, (דניאל ד טז) אשתומם כשעה חדא, כך תפרש לשון שאייה באדם בהול ובעל מחשבות. ואונקלוס תרגם לשון שהייה וגברא שהי, שוהא ועומד במקום אחד לראות ההצליח ה' דרכו. ואין לתרגם שתי, שהרי אינו לשון שתיה, שאין אל"ף נופלת בלשון שתיה:

was astonished at her: [לָהּ means] he was astonished about her, as in [above 20:13]:“Say about me (לִי) , ‘He is my brother’ ” ; and as in [26:7]:“The people of the place asked about his wife (לְאִשׁתּוֹ) .”

משתאה לה: משתומם עליה כמו (לעיל כ יג) אמרי לי אחי הוא, וכמו (לקמן כו ז) וישאלו אנשי המקום לאשתו:

22. Now it came about, when the camels had finished drinking, [that] the man took a golden nose ring, weighing half [a shekel], and two bracelets for her hands, weighing ten gold [shekels].

כב. וַיְהִי כַּאֲשֶׁר כִּלּוּ הַגְּמַלִּים לִשְׁתּוֹת וַיִּקַּח הָאִישׁ נֶזֶם זָהָב בֶּקַע מִשְׁקָלוֹ וּשְׁנֵי צְמִידִים עַל יָדֶיהָ עֲשָׂרָה זָהָב מִשְׁקָלָם:

half [a shekel]: This alludes to the shekels of Israel, half a shekel per head. — [Targum Jonathan]

בקע: רמז לשקלי ישראל בקע לגלגלת:

and two bracelets: An allusion to the two Tablets paired together. — [Gen. Rabbah (60:6), Targum Jonathan]

ושני צמידים: רמז לשני לוחות מצומדות:

weighing ten gold [shekels]: An allusion to the Ten Commandments [inscribed] on them. — [Gen. Rabbah 60:6]

עשרה זהב משקלם: רמז לעשרת הדברות שבהן:

23. And he said, "Whose daughter are you? Please tell me. Is there place for us for lodging in your father's house?"

כג. וַיֹּאמֶר בַּת מִי אַתְּ הַגִּידִי נָא לִי הֲיֵשׁ בֵּית אָבִיךְ מָקוֹם לָנוּ לָלִין:

And he said,"Whose daughter are you?: He asked her this after giving her [the gifts] because he was confident that in the merit of Abraham, the Holy One, blessed be He, had caused his way to prosper.

ויאמר בת מי את: לאחר שנתן לה שאלה, לפי שהיה בטוח בזכותו של אברהם שהצליח הקב"ה דרכו:

for lodging: לִין means one night’s lodging. - לִין is a noun. But she replied, לָלוּן, meaning many lodgings. — [Gen. Rabbah 60:6] [Since לָלוּן is a verb, it does not limit the number of lodgings.]

ללין: לינה אחת. לין שם דבר והיא אמרה ללון כמה לינות:

24. And she said to him, "I am the daughter of Bethuel, the son of Milcah, whom she bore to Nahor."

כד. וַתֹּאמֶר אֵלָיו בַּת בְּתוּאֵל אָנֹכִי בֶּן מִלְכָּה אֲשֶׁר יָלְדָה לְנָחוֹר:

the daughter of Bethuel: She answered his first question first and his last question last.

בת בתואל: השיבתו על ראשון ראשון ועל אחרון אחרון:

25. And she said to him, "Both straw and fodder are plentiful with us; [there is] also a place to lodge."

כה. וַתֹּאמֶר אֵלָיו גַּם תֶּבֶן גַּם מִסְפּוֹא רַב עִמָּנוּ גַּם מָקוֹם לָלוּן:

fodder: All camel food is called מִסְפּוֹא, such as straw and barley.

מספוא: כל מאכל הגמלים קרוי מספוא כגון תבן ושעורים:

26. And the man kneeled and prostrated himself to the Lord.

כו. וַיִּקֹּד הָאִישׁ וַיִּשְׁתַּחוּ לַיהֹוָה:

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Daily Tehillim: Psalms Chapter 83 ~ 89

Chapter 83

A prayer regarding the wars against Israel in the days of Jehoshaphat, when the nations plotted against Israel.

1. A song, a psalm by Asaph.

2. O God, do not be silent; do not be quiet and do not be still, O God.

3. For behold, Your enemies are in uproar, and those who hate You have raised their head.

4. They plot deviously against Your nation, and conspire against those sheltered by You.

5. They say, "Come, let us sever them from nationhood, and the name of Israel will be remembered no more.”

6. For they conspire with a unanimous heart, they made a covenant against You-

7. the tents of Edom and the Ishmaelites, Moab and the Hagrites,

8. Geval and Ammon, and Amalek; Philistia with the inhabitants of Tyre.

9. Assyria, too, joined with them, and became the strength of the sons of Lot, Selah.

10. Do to them as to Midian; as to Sisera and Yavin at the brook of Kishon,

11. who were destroyed at Ein Dor, and were as dung for the earth.

12. Make their nobles like Orev and Ze'ev, all their princes like Zevach and Tzalmuna,1

13. who said, "Let us inherit the dwellings of God for ourselves.”

14. My God, make them like whirling chaff, like straw before the wind.

15. As a fire consumes the forest, and a flame sets the mountains ablaze,

16. so pursue them with Your tempest and terrify them with Your storm.

17. Fill their faces with shame, and they will seek Your Name, O Lord.

18. Let them be shamed and terrified forever; let them be disgraced and perish.

19. And they will know that You, Whose Name is the Lord, are alone, Most High over all the earth.

Chapter 84

In this psalm of prayers and entreaties, the psalmist mourns bitterly over the destruction of Temple from the depths of his heart, and speaks of the many blessings that will be realized upon its restoration. Fortunate is the one who trusts it will be rebuilt, and does not despair in the face of this long exile.

1. For the Conductor, on the gittit,1 a psalm by the sons of Korach.

2. How beloved are Your dwellings, O Lord of Hosts!

3. My soul yearns, indeed it pines, for the courtyards of the Lord; my heart and my flesh [long to] sing to the living God.

4. Even the bird has found a home, and the swallow a nest for herself, where she lays her young on the [ruins of] Your altars, O Lord of Hosts, my King and my God.

5. Fortunate are those who dwell in Your House; they will yet praise You forever.

6. Fortunate is the man whose strength is in You; the paths [to the Temple] are in his heart.

7. For those who pass through the Valley of Thorns, He places wellsprings; their guide will be cloaked in blessings.2

8. They go from strength to strength; they will appear before God in Zion.

9. O Lord, God of Hosts, hear my prayer; listen, O God of Jacob, forever.

10. See our shield,3 O God, and look upon the face of Your anointed one.

11. For better one day in Your courtyards than a thousand [elsewhere]. I would rather stand at the threshold of the house of my God, than dwell [in comfort] in the tents of wickedness.

12. For the Lord, God, is a sun and a shield; the Lord bestows favor and glory; He does not withhold goodness from those who walk in innocence.

13. O Lord of Hosts! Fortunate is the man who trusts in You.

Chapter 85

In this prayer, lamenting the long and bitter exile, the psalmist asks why this exile is longer than the previous ones, and implores God to quickly fulfill His promise to redeem us. Every individual should offer this psalm when in distress.

1. For the Conductor, a psalm by the sons of Korach.

2. O Lord, You favored Your land; You returned the captives of Jacob.

3. You forgave the iniquity of Your people, and covered all their sin forever.

4. You withdrew all Your fury, and retreated from Your fierce anger.

5. Return us, O God of our salvation, and annul Your anger toward us.

6. Will You forever be angry with us? Will You draw out Your anger over all generations?

7. Is it not true that You will revive us again, and Your people will rejoice in You?

8. Show us Your kindness, O Lord, and grant us Your deliverance.

9. I hear what the Almighty Lord will say; for He speaks peace to His nation and to His pious ones, and they will not return to folly.

10. Indeed, His deliverance is near those who fear Him, that [His] glory may dwell in the land.

11. Kindness and truth have met; righteousness and peace have kissed.

12. Truth will sprout from the earth, and righteousness will peer from heaven.

13. The Lord, too, will bestow goodness, and our land will yield its produce.

14. Righteousness shall walk before him, and he shall set his footsteps in [its] path.

Chapter 86

This psalm contains many prayers regarding David's troubles, and his enemies Doeg and Achitophel. It also includes many descriptions of God's praise. Every individual can offer this psalm when in distress.

1. A prayer by David. Lord, turn Your ear, answer me, for I am poor and needy.

2. Guard my soul, for I am pious; You, my God, deliver Your servant who trusts in You.

3. Be gracious to me, my Lord, for to You I call all day.

4. Bring joy to the soul of Your servant, for to You, my Lord, I lift my soul.

5. For You, my Lord, are good and forgiving, and exceedingly kind to all who call upon You.

6. Lord, hear my prayer and listen to the voice of my supplications.

7. On the day of my distress I call upon You, for You will answer me.

8. There is none like You among the supernal beings, my Lord, and there are no deeds like Yours.

9. All the nations that You have made will come and bow down before You, my Lord, and give honor to Your Name,

10. for You are great and perform wonders, You alone, O God.

11. Lord, teach me Your way that I may walk in Your truth; unify my heart to fear Your Name.

12. I will praise You, my Lord, my God, with all my heart, and give honor to Your Name forever.

13. For Your kindness to me has been great; You have saved my soul from the depth of the grave.

14. O God, malicious men have risen against me; a band of ruthless men has sought my soul; they are not mindful of You.

15. But You, my Lord, are a compassionate and gracious God, slow to anger and abounding in kindness and truth.

16. Turn to me and be gracious to me; grant Your strength to Your servant, and deliver the son of Your maidservant.

17. Show me a sign of favor, that my foes may see and be shamed, because You, Lord, have given me aid and consoled me.

Chapter 87

Composed to be sung in the Holy Temple, this psalm praises the glory of Jerusalem, a city that produces many great scholars, eminent personalities, and persons of good deeds. It also speaks of the good that will occur in the Messianic era.

1. By the sons of Korach, a psalm, a song devoted to the holy mountains [of Zion and Jerusalem].

2. The Lord loves the gates of Zion more than all the dwelling places of Jacob.

3. Glorious things are spoken of you, eternal city of God.

4. I will remind Rahav Egypt and Babylon concerning My beloved; Philistia and Tyre as well as Ethiopia, "This one was born there.”

5. And to Zion will be said, "This person and that was born there"; and He, the Most High, will establish it.

6. The Lord will count in the register of people, "This one was born there," Selah.

7. Singers as well as dancers [will sing your praise and say], "All my inner thoughts are of you."

Chapter 88

The psalmist weeps and laments bitterly over the maladies and suffering Israel endures in exile, which he describes in detail.

1. A song, a psalm by the sons of Korach, for the Conductor, upon the machalat le'anot; 1 a maskil2 for Heiman the Ezrachite.

2. O Lord, God of my deliverance, by day I cried out [to You], by night I [offer my prayer] before You.

3. Let my prayer come before You; turn Your ear to my supplication.

4. For my soul is sated with affliction, and my life has reached the grave.

5. I was reckoned with those who go down to the pit, I was like a man without strength.

6. [I am regarded] among the dead who are free, like corpses lying in the grave, of whom You are not yet mindful, who are yet cut off by Your hand.

7. You have put me into the lowest pit, into the darkest places, into the depths.

8. Your wrath has weighed heavily upon me, and all the waves [of Your fury] have constantly afflicted me.

9. You have estranged my friends from me, You have made me abhorrent to them; I am imprisoned and unable to leave.

10. My eye is afflicted because of distress; I call to You, O Lord, every day; I have stretched out my hands [in prayer] to You.

11. Do You perform wonders for the deceased? Do the dead stand to offer You praise? Selah.

12. Is Your kindness recounted in the grave, your faithfulness in the place of perdition?

13. Are Your wondrous deeds known in the darkness [of the grave], or Your righteousness in the land of oblivion?

14. But, I, to You, O Lord, I cry; each morning my prayer comes before You.

15. Why, O Lord, do You forsake my soul? Why do You conceal Your countenance from Me?

16. From my youth I have been afflicted and approaching death, yet I have borne the fear of You which is firmly established within me.

17. Your furies have passed over me; Your terrors have cut me down.

18. They have engulfed me like water all day long, they all together surrounded me.

19. You have estranged from me beloved and friend; I have been rejected by my intimates.

Chapter 89

This psalm speaks of the kingship of the House of David, the psalmist lamenting its fall from power for many years, and God's abandonment and spurning of us.

1. A maskil1 by Eitan the Ezrachite.

2. I will sing of the Lord's kindness forever; to all generations I will make known Your faithfulness with my mouth.

3. For I have said, "The world is built with kindness; there in the heavens You establish Your faithfulness.”

4. I have made a covenant with My chosen one; I have sworn to David, My servant:

5. "I will establish Your descendants forever; I will build your throne for all generations," Selah.

6. Then the heavens will extol Your wonders, O Lord; Your faithfulness, too, in the congregation of the holy ones.

7. Indeed, who in heaven can be compared to the Lord, who among the supernal beings can be likened to the Lord!

8. The Almighty is revered in the great assembly of the holy ones, awe-inspiring to all who surround Him.

9. O Lord, God of Hosts, who is mighty like You, O God! Your faithfulness surrounds You.

10. You rule the vastness of the sea; when its waves surge, You still them.

11. You crushed Rahav (Egypt) like a corpse; with Your powerful arm You scattered Your enemies.

12. Yours are the heavens, the earth is also Yours; the world and all therein-You established them.

13. The north and the south-You created them; Tabor and Hermon sing of [the greatness] of Your Name.

14. Yours is the arm which has the might; strengthen Your hand, raise high Your right hand.

15. Righteousness and justice are the foundation of Your throne; kindness and truth go before Your countenance.

16. Fortunate is the people who know the sound of the shofar; Lord, they walk in the light of Your countenance.

17. They rejoice in Your Name all day, and they are exalted through Your righteousness.

18. Indeed, You are the splendor of their might, and in Your goodwill our glory is exalted.

19. For our protectors turn to the Lord, and our king to the Holy One of Israel.

20. Then You spoke in a vision to Your pious ones and said: "I have granted aid to [David] the mighty one; I have exalted the one chosen from among the people.

21. I have found David, My servant; I have anointed him with My holy oil.

22. It is he whom My hand shall be prepared [to assist]; My arm, too, shall strengthen him.

23. The enemy shall not prevail over him, nor shall the iniquitous person afflict him.

24. And I will crush his adversaries before him, and will strike down those who hate him.

25. Indeed, My faithfulness and My kindness shall be with him, and through My Name his glory shall be exalted.

26. I will set his hand upon the sea, his right hand upon the rivers.

27. He will call out to Me, 'You are my Father, my God, the strength of my deliverance.’

28. I will also make him [My] firstborn, supreme over the kings of the earth.

29. I will maintain My kindness for him forever; My covenant shall remain true to him.

30. And I will bestow [kingship] upon his seed forever, and his throne will endure as long as the heavens last.

31. If his children forsake My Torah and do not walk in My ordinances;

32. if they profane My statutes and do not observe My commandments,

33. then I will punish their transgression with the rod and their misdeeds with plagues.

34. Yet I shall not take away My kindness from him, nor betray My faithfulness.

35. I will not abrogate My covenant, nor change that which has issued from My lips.

36. One thing I have sworn by My holiness-I will not cause disappointment to David.

37. His seed will endure forever and his throne will be [resplendent] as the sun before Me.

38. Like the moon, it shall be established forever; [the moon] is a faithful witness in the sky for all time.”

39. Yet You have forsaken and abhorred; You became enraged at Your anointed.

40. You annulled the covenant with Your servant; You have profaned his crown [by casting it] to the ground.

41. You shattered all his fences; You turned all his strongholds into ruin.

42. All wayfarers despoiled him; he has become a disgrace to his neighbors.

43. You have uplifted the right hand of his adversaries; You have made all his enemies rejoice.

44. You also turned back the blade of his sword, and did not sustain him in battle.

45. You put an end to his splendor, and toppled his throne to the ground.

46. You have cut short the days of his youth; You have enclothed him with long-lasting shame.

47. How long, O Lord, will You conceal Yourself-forever? [How long] will Your fury blaze like fire?

48. O remember how short is my life span! Why have You created all children of man for naught?

49. What man can live and not see death, can save his soul forever from the grave?

50. Where are Your former deeds of kindness, my Lord, which You swore to David in Your faithfulness?

51. Remember, my Lord, the disgrace of Your servants, that I bear in my bosom from all the many nations;

52. that Your enemies have disgraced, O Lord, that they have disgraced the footsteps of Your anointed.

53. Blessed is the Lord forever, Amen and Amen.

~~~~~~~

Tanya: Iggeret HaKodesh, beginning of Epistle 28 & Iggeret HaKodesh, end of Epistle 28

Monday, Cheshvan 17, 5704 ~ 21 October 2013 ~~ Tuesday, Cheshvan 18, 5774 ~ 22 October 2013

Iggeret HaKodesh, beginning of Epistle 28

In the previous Epistle, written to console the chassidic brotherhood after the passing of the saintly R. Mendele Vitebsker, the Alter Rebbe quotes from the Zohar to the effect that a tzaddik is even more accessible in this world after his passing than while he was still alive. Moreover, after his passing his chassidim continue to receive from him both spiritual benefactions which enhance their Torah study and divine service, and protection in material matters.

Following that Epistle the original editors1 placed the present discourse, which the Alter Rebbe wrote by way of consolation to his illustrious colleague, relative-by-marriage, and dear friend, R. Levi Yitzchak of Berditchev, following the tragic passing of his son. Here the Alter Rebbe explains how the passing of a tzaddik “effects salvations in the midst of the earth,” atoning even for intentional sins.

מה שכתב למחותנו, הרב הגאון המפורסם, איש אלקים קדוש ה׳, נר ישראל, עמוד הימני, פטיש החזק

This letter was written [by the Alter Rebbe] to his relative-by-marriage — the famous rabbi and Gaon, the G‑dly man, the holy man of G‑d,2 Lamp of Israel, pillar of the right hand, mighty hammer3 —

מורנו הרב לוי יצחק, נשמתו עדן, אב בית דין דקהלה קדושה בארדיטשוב

our master, R. Levi Yitzchak (may his soul rest in Eden), head of the Rabbinical Court of the holy community of Berditchev,

לנחמו על פטירת בנו, הרב החסיד מורנו ורבנו הרב מאיר, נשמתו עדן

to console him on the passing4 of his son, the pious rabbi, R. Meir (may his soul rest in Eden).

* * *

למה נסמכה פרשת מרים לפרשת פרה

“Why was the passage concerning the passing of Miriam5 adjoined to the passage concerning the Red Heifer6?

לומר לך: מה פרה מכפרת וכו׳

— To teach you that just as the Heifer effects atonement, [so, too, does the passing of the righteous].”

Commenting on this quotation from the Gemara,7 Tosafot8 explains that the Red Heifer atones for the sin of the Golden Calf, and in the same way the passing of the righteous effects atonement.

וצריך להבין למה נסמכה דוקא לפרה אדומה

Now it needs to be understood why [the passage concerning the passing of Miriam] was adjoined specifically to [the passage concerning] the Red Heifer

הנעשה חוץ לשלש מחנות, אלא דחטאת קרייה רחמנא

(which was prepared outside the three camps,9 and as such was not a sacrifice proper, except that the Torah calls it10 a sin-offering),11

ולא נסמכה לפרשת חטאת, הנעשה בפנים על גבי המזבח, כפרה ממש

and it was not adjoined to the passage concerning the sin-offering that was prepared within, on the altar, [and as such effects] actual atonement.

Alternatively, the Hebrew text could be understood to mean “on the actual altar of atonement,” or (preferably) that the sin-offering was “actual atonement,” unlike the Red Heifer which was primarily a rite of purification.

To revert to the question concerning the juxtaposition of the two passages, the Alter Rebbe explains that an offering connoted an “arousal from below,” from the soul of the animal that derives from kelipat nogah. This, in turn, elicited a reciprocal “arousal from Above,” drawing down a finite order of Divine light that can permeate the finite world and be integrated and ingested within it. (This characteristic explains why offerings are referred to as the “food of the altar.”) Being finite, this contracted order of Divine light was only able to effect atonement of unwitting sins, those that derive from undue domination by the animal soul which derives from kelipat nogah.

The Red Heifer, by contrast, produces the “sanctifying purification waters” (Kiddush mei chatat); i.e., it draws down an illumination from the most supremely sanctified levels of Divinity (Kodesh HaElyon) that utterly transcend this world. This intense illumination can transform the darkness of Tohu into the light of Tikkun, and secure purification for even the harshest degree of impurity (Avi Avot HaTumah), which is far lower than kelipat nogah.

In the same way, the passing of a tzaddik draws down a Divine illumination that transcends the world, deriving as it does from that element within the Thirteen Attributes of Mercy which is called the Tikkun of Notzer. The name of this Tikkun, which comprises the same letters as Ratzon, brings about an et ratzon, “an auspicious time,” and secures atonement for the sins of the generation, even those that are committed willfully and that derive from the three completely impure kelipot.

In this regard, the passing of a tzaddik is thus more akin to the Red Heifer than to a sin-offering.

אמנם נודע מזהר הקדוש והאריז״ל, סוד הקרבנות שעל גבי המזבח

Now,12 the mystical principle of the sacrifices offered on the altar is known from the sacred Zohar13 and from R. Isaac Luria,14 of blessed memory:

הן בחינת העלאת מיין נוקבין, מנפש הבהמית שבנוגה

They are an instance of the elevation of mayin nukvin (lit., “feminine waters”; i.e., a mortally-initiated spiritual arousal) deriving from the animal soul, [which receives its life-force from] kelipat nogah,

אל שרשן ומקורן

[this elevation ascending] to their root and source,

הן בחינת ד׳ חיות שבמרכבה, הנושאות את הכסא

i.e., the forms of the four Animals of the Celestial Chariot which bear the Throne,15 as described in Ezekiel, ch. 1:

פני שור ופני נשר וכו׳

the Face of the Ox, and the Face of the Eagle, and so on.

The former level of Divinity is the source of the souls of all animals, the latter is the source of the souls of all birds, these being the two categories of creatures from which offerings are brought. (The other two categories, the Face of the Lion and the Face of Man, are alluded to in the closing phrase, “and so on.”)

Offerings thus constitute an elevation and an “arousal from below” from a willing recipient toward the level of Divinity (here called the four Animals of the Chariot) which is the Source of all things within the finite world and which hence has a connection with it.

ועל ידי זה, נמשכים ויורדים מיין דוכרין מבחינת אדם שעל הכסא, הנקרא מלכא וזעיר אנפין

As a result, reciprocating this arousal, the mayin duchrin (the “male waters” from the benefactor Above) are elicited and descend from the level of Divinity called (in Ezekiel) “the Man upon the Throne,” Who is [also] referred to as Malka (“King”) and Z’eir Anpin (i.e., the bracket of six “masculine” attributes preceding the recipient or “feminine” Sefirah of Malchut).

The resultant illumination flows down to the world and becomes vested and integrated within it. Hence, as mentioned above, offerings are termed “food for the altar,” for they draw down a level of Divine light which can be spiritually ingested.

אכן בשריפת הפרה אדומה, הנה על ידי השלכת עץ ארז ואזוב וכו׳

As for the burning of the Red Heifer, however, it is on account of the throwing in of the cedar wood and the hyssop, and so on, the function of both of which is hamshachah, i.e., drawing down sanctity from Above,16

ונתינת מים חיים אל האפר

and [moreover] the placing of running water into the ashes,

נקרא בשם קידוש מי חטאת במשנה

that in the Mishnah17 [this process] is called the “sanctification (Kiddush) of the purifying waters.”

והיא בחינת קדש העליון, הנקרא בשם טלא דבדולחא

This relates — not only etymologically — to Kodesh HaElyon (“the supreme sanctity”), referred to as Tala DiBedulcha (lit., “the Dew of Bdellium”; cf. the Torah’s descriptions of the manna18).

Unlike the heavenly benefactions that are termed “rain”, for rain results from an “arousal from below” (as it is written,19 “And a vapor rose from the ground and watered...”), the above-described “dew” is a spontaneous “arousal from Above” that transcends dependence on any antecedent “arousal from below.”

כמו שכתוב בזהר הקדוש, שהיא בחינת חכמה עילאה ומוחא סתימאה דאריך אנפין

As stated in the sacred Zohar,20 this [Tala DiBedulcha] is an expression of the Supreme Chochmah and the Mocha Setimaah of Arich Anpin; i.e., it is the level of Chochmah within Keter which entirely transcends the world.

ועלה איתמר בדוכתי טובא בזהר הקדוש: בחכמה איתברירו

Of this [level of Chochmah and Mocha Setimaah] it is said in many places in the sacred Zohar that “through Chochmah they are refined” and rectified;21

ואתהפכא חשוכא לנהורא, דהיינו: עולם התיקון

and then, when by means of the “sanctification of the purifying waters” Divine light is drawn down from this level, darkness is converted to light, that is, [to] the World of Tikkun,

שנתברר ונתתקן על ידי מוחא סתימאה דאריך אנפין

which becomes refined and rectified by means of the Mocha Setimaah of Arich Anpin;

מעולם התהו ושבירת הכלים שנפלו בבריאה, יצירה ועשיה וכו׳

[i.e., the World of Tikkun is refined and rectified] from the World of Tohu and the Breaking of the Vessels [whose sparks] fell into [the Worlds of] Beriah, Yetzirah and Asiyah, and so on,

כנודע

as is known.

The spiritual task of the Jew is to extract, refine and elevate these sparks.

ולזאת מטהרת טומאת המת

This is why [the Red Heifer] purifies one from defilement [contracted by contact] with a corpse,

אף שהוא אבי אבות וכו׳, ולמטה מטה מנוגה

even though this [corpse] is the ultimate degree [of impurity], and far, far lower than Nogah.

For the “sanctification of the purifying waters” is drawn down from the supreme Chochmah and the Mocha Setimaah of Arich Anpin, an illumination that transcends the world so utterly that it is able to transform the world’s darkness into light.

* * *

FOOTNOTES

1.Note of the Rebbe: “See the ‘Approbation of the ... sons ... of the ... author’ which appears at the beginning of Tanya, [and which states that they were responsible for arranging the manuscript letters of Iggeret HaKodesh for publication].”

2.Cf. II Melachim 4:9.

3.Cf. the metaphors used by the Sages in Berachot 28b to denote resounding scholarship.

4.Note of the Rebbe: “In the year 5566 [1806].”

5.Bamidbar 20:1ff.

6.Ibid., ch. 19.

7.Moed Katan 28a.

8.S.v. Mah parah. See also Rashi on the beginning of Parshat Chukat.

9.Cf. Rashi on Bamidbar 19:3, based on Yoma 68a.

10.Cf. Rashi on verse 9, based on Avodah Zarah 23b and Chullin 11a.

11.Text and parentheses here follow a gloss of the Rebbe in He’arot VeTikkunim, concerning a variant ms. reading which omitted the six Hebrew words here translated as “the three camps, except that the Torah calls it a sin-offering.” There the Rebbe refers the reader to the “Important Notification” (Modaah Rabbah) at the beginning of the edition of 5660 [1900], which states that Iggeret HaKodesh was carefully proofread against various mss. for that edition, which was not the case with earlier printings.

12.Note of the Rebbe: “Concerning the text which follows, see at length in Likkutei Torah, beginning of Parshat Chukat.”

13.I, 64b.

14.Likkutei Torah of the AriZal, Parshat Vayikra.

15.Bechaye, Parshat Terumah 25:10, et al.

16.Note of the Rebbe: “So it is explained here. But see Likkutei Torah, Chukat, loc. cit., especially the conclusion of the passage beginning Tosefet Biur on the maamar beginning VeYikchu Eilecha (p. 61b), [where the Alter Rebbe explains that the cedar wood and the hyssop relate to the avodah of elevation, whereas only the addition of the waters is an avodah of drawing Divine energy downward].”

17.Parah, ch. 6.

18.Bamidbar 11:7 and Shmot 16:13.

19.Bereishit 2:6.

20.Cf. Zohar III, 128b.

21.Gloss of the Rebbe to Likkutei Biurim LeTanya by Rabbi Yehoshua Korf: “See Torah Or, Parshat Bereishit, the discourse beginning VaYomer ... Hein HaAdam; ibid., Megillat Esther, the discourse beginning U’vevoah; in the supplements there, the discourse beginning LeHavin Inyan Chalav U’Dvash, sec. 2. See also Zohar II, 254b; Etz Chayim, Shaar 18, sec. 5; Mavo She’arim, Shaar 5, 1:2; Sefer HaMitzvot by the Tzemach Tzedek, Issur Avodat Baal-Mum; et al; — where these contradictions are resolved.”

Iggeret HaKodesh, end of Epistle 28

The Alter Rebbe will now explain how this relates to the passing of a tzaddik, for this likewise draws down a degree of illumination that utterly transcends the world, transforming its darkness into light and bringing about atonement for the sins of the generation.

והנה מודעת זאת, דאבא יונק ממזל השמיני

Now, it is known1 that Abba (lit., “father”, a Kabbalistic name for the Sefirah of Chochmah) draws its sustenance from the eighth mazal.

I.e., the eighth in the Torah’s enumeration of the Thirteen Attributes of Divine Mercy,2 which correspond to the thirteen “tufts” of the celestial “beard”, the individual hairs of which are conduits for the emanation of a tenuous flow of life-force.

הוא תקון נוצר חסד

This is the tuft of Notzer Chesed that appears in the above listing: Notzer Chesed la’alafim (“He guards Chesed for thousands [of generations]”).

נוצר: אותיות רצון

[The Hebrew word] Notzer (“guards”) is composed of the same letters as [the Hebrew word] Ratzon (“Divine favor”).

והיא עת רצון, המתגלה ומאיר בבחינת גילוי, מלמעלה למטה, בעת פטירת צדיקי עליון

This is the et ratzon (“the time of Divine favor,” i.e., “the auspicious time”) that becomes revealed and radiates in a manifest way, from above downwards, at the time of the passing of tzaddikim of stature,

עובדי ה׳ באהבה, במסירת נפשם לה׳ בחייהם, ערבית ושחרית, בקריאת שמע

who serve G‑d out of love, surrendering their soul to G‑d during their lifetime every evening and morning when reading the Shema.

שעל ידי זה היו מעלין מיין נוקבין לאבא ואימא בקריאת שמע, כידוע

For thereby they would elevate mayin nukvin (lit., “feminine waters”; i.e., they would initiate a spiritual arousal expressing their desire to receive a flow of Divine energy) to Abba and Imma (i.e., to Chochmah and Binah) during the Reading of Shema, as is known.

(וכן בתלמוד תורה, דמחכמה נפקא)

(3The same applies to their study of the Torah, which derives from Chochmah; this, too, results in an elevation of mayin nukvin toward Chochmah.)

ועל ידי זה היו נמשכים ויורדים בחינת מיין דוכרין מתיקון ונוצר חסד

Thereby, the mayin duchrin (lit., the “masculine waters” which thereupon flow from above) were elicited and drawn down from the tuft of Notzer Chesed, since it is from this Divine attribute that Chochmah draws its sustenance, as stated above.

והם הם המאירים בבחינת גילוי בפטירתם

And, indeed, it is these [illuminations] that radiate in a manifest way at the time of the passing [of tzaddikim].

The illuminations that are drawn down through the self-sacrifice of tzaddikim during their lifelong recitation of the Shema and their Torah study, become revealed at the time of their passing.

כנודע, שכל עמל האדם, שעמלה נפשו בחייו, למעלה, בבחינת העלם והסתר

For as is known, all the effort of man, in which his soul toiled during his lifetime, [and which remains] above, in a hidden and obscured state,

מתגלה ומאיר בבחינת גילוי, מלמעלה למטה, בעת פטירתו

is revealed and radiates in a manifest way, from above downwards, at the time of his passing.

Thus all the unseen spiritual effects of the tzaddik’s Reading of Shema and of his Torah study, are revealed in the world below at the time of his passing.

והנה, על ידי גילוי הארת תיקון ונוצר חסד בפטירתן

Now, by the illumination from the tuft of Notzer Chesed that is revealed at the time of the passing [of tzaddikim],

מאיר חסד ה׳ מעולם ועד עולם על יראיו

the Chesed of G‑d radiates from world to world — from the World of Concealment down to the World of Revelation — over those who fear Him,4

ופועל ישועות בקרב הארץ, לכפר על עון הדור

and effects salvations in the midst of the earth,5 to atone for the sin of the generation,

אף גם על הזדונות, שהן מג׳ קליפות הטמאות, שלמטה מנוגה

even for the deliberate sins which are of the three impure kelipot which are inferior to nogah, for kelipat nogah can give rise only to unwitting sins, whose atonement is secured through sacrificial offerings.

לפי שמזל דנוצר: ממוחין סתימין דאריך אנפין, מקור הבירורים

For the mazal of Notzer Chesed is of the Mochin Setimin of Arich Anpin,i.e., the Chochmah of Keter, which is the source of the task of beirurim, the refinement of the material world by extracting and uplifting the Divine sparks within it.

ואתהפכא חשוכא דשבירת הכלים, לנהורא דעולם התיקון

The darkness incurred by the Breaking of the Vessels is thereby converted into the light of the World of Tikkun.

This light is therefore able to atone even for the deliberate sins that derive from the three impure kelipot — the lowest level that resulted from the Breaking of the Vessels.

מה שאין כן בקרבנות שעל גבי המזבח

This is not the case, though, with the sacrifices that are [offered] upon the altar.

שאינן מכפרים אלא על השגגות, שהן מהתגברות נפש הבהמית שמנוגה

They atone only for inadvertent sins which come about because of the strengthening of the animal soul [whose life-force derives] from nogah,

כמו שכתוב בלקוטי תורה, פרשת ויקרא

as is stated in Likkutei Torah of the AriZal, Parshat Vayikra.

ולכן נסמכה לפרשת פרה דוקא

This, then, is why [the passage concerning Miriam] was adjoined expressly to the passage concerning the Red Heifer:

מה פרה וכו׳

— [To teach you that] just as the Heifer [effects atonement, so, too, does the passing of the righteous].”

ובילקוט, פרשת שמיני, הגיה: מי חטאת וכו׳

The Yalkut, Parshat Shemini, [for “the Heifer”] reads “the waters of purification....”

This is more in keeping with the explanation provided above, for the Red Heifer’s atonement and its impact on the three impure kelipot is not a result of burning the Heifer, which is spiritually symbolic of elevation, but a result of the “sanctification of the purifying waters,” an act which draws down benefactions from above, just as water flows downward from above — from Supernal Holiness and Chochmah of Keter, the source of refinement and purification.

FOOTNOTES

1.Etz Chayim, Shaar 16, ch. 6; et al.

2.Shmot 34:6-7.

3.Text and parentheses here follow a gloss of the Rebbe in Luach HaTikkun.

4.Cf. Tehillim 103:17.

5.Cf. op. cit. 74:12.

~~~~~~~

• Rambam: Sefer Hamitzvos:

Daily Mitzvah

P225, N295, P292 & P247, N293, N297, P182

Positive Commandment 225 (Digest)
Exiling an Inadvertent Murderer to a City of Refuge

"And he shall live there until the death of the high priest"—Numbers 35:25.

The courts are commanded to exile a person guilty of manslaughter to a city of refuge. The killer must remain there [until the death of the serving high priest]: "There he must dwell, there he shall die, there he shall be buried."

The 225th mitzvah is that we are commanded to exile a person who has killed another unintentionally from his city to one of the refuge cities.

The source of this commandment is G‑d's statement1 (exalted be He), "[The killer] must live there until the death of the kohen gadol."

In the words of the Sifri, "In the phrase '[The killer] must live there,' the word 'there' means he may never leave there. There he shall live, there he shall die, and there he shall be buried."

The details of this mitzvah are explained in tractate Makkos.2

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

FOOTNOTES

1.Ibid., 35:25.

2.7a ff.

Negative Commandment 295 (Digest)
Accepting a Ransom from an Intentional Murderer

"You shall take no ransom for the life of a murderer who is guilty of death"—Numbers 35:31.

It is forbidden to take a monetary payment from a person guilty of murder to exempt him from capital punishment.

The 295th prohibition is that we are forbidden from taking ransom money [to spare] someone who has committed murder intentionally. Rather, he must be executed.

The source of this prohibition is G‑d's statement1 (exalted be He), "Do not take ransom for the life of a murderer who is under the death penalty."

The details of this mitzvah are explained in tractate Makkos.

FOOTNOTES

1.Num. 35:31.

Negative Commandment 292 (Digest)
Executing a Criminal before he Stands Trial

"The murderer shall not die until he stands before the congregation in judgment"—Numbers 35:12.

It is forbidden to execute a criminal guilty of committing a capital crime before he receives due process before a rabbinical court. (This prohibition applies after the crime was committed. With regards to a criminal in the process of executing a crime, see Negative Commandment 293.)

Even if the members of the High Court witness the execution of a capital offense, they must serve as witnesses (before another panel of judges) who will adjudicate the case.

The 292nd prohibition is that we are forbidden from killing someone who has already done1 something punishable by death before he is brought to High Court. Rather, we must bring him to High Court and present the evidence against him. We must be only witnesses [not judges], and they will determine his guilt.

The source of this prohibition is G‑d's statement2 (exalted be He), "The murderer shall not die until he stands before the court in judgment."

In the words of the Mechilta,3 "One might think that [the witnesses] may kill the person after he has committed murder or adultery. The Torah therefore says, 'The murderer shall not die until he stands ...' " Even if the Great Sanhedrin saw him commit the murder, they may only be witnesses and testify before another court [rather than themselves act as judges]; and that court will execute him.

The Mechilta also says, "In a case where a court saw a person commit murder, you might think that they may execute him even before he is judged. The Torah therefore says, 'The murderer shall not die until he stands before the court in judgment.' "

FOOTNOTES

1.If he has not yet done the crime, N293 applies.

2.Num. 35:12.

3.See Sifri Zuta. Kapach, 5731, footnote 34.

Positive Commandment 247 (Digest)
Saving a Victim from an Attacker

"You shall cut off her hand; you shall not pity her"—Deuteronomy 25:12.

We are commanded to save a potential victim from the hands of one who is "chasing" him to kill him—even if this means killing the attacker. If it is possible to save the victim without killing the pursuer – through injuring the attacker, then that must be done. But if that is not possible, we are commanded to kill the pursuer rather than allow him to execute his dastardly intention.

The 247th mitzvah is that we are commanded to save a person from someone who is trying to kill him, even by killing the attacker. I.e. if there is no other way to save the victim except by killing the attacker, we are commanded to kill him.

The source of this commandment is G‑d's statement1 (exalted be He), "[...if she grabs his attacker by his private parts,] you must cut off her hand [if necessary, to save her victim]; do not have any pity."

In the words of the Sifri: "[The reason the Torah uses the example of] 'his private parts' is because [an attack to] his private parts could endanger his life. In this case 'you must cut off her hand.' So too in any case where his life is in danger, 'you must cut off her hand.' [The reason the Torah says] 'you must cut off her hand' is because you must save him [even] at the cost of her hand. What is the source of the law that if you are unable to save him by cutting off her hand, that you must save him by killing her? The phrase, 'do not have any pity.' "

We have therefore explained the idea of this commandment. The verse2 describes the woman as "the wife of one of the men" fighting because it speaks of the most common case. It conveys the principle that one must save the victim even at the cost of the attacker's limbs, and if it is impossible to save him any other way, you must kill him.

The details of this mitzvah are explained in the 8th chapter of tractate Sanhedrin.3

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

FOOTNOTES

1.Deut. 25:12.

2.Ibid., 25:11.

3.73a.

Negative Commandment 293 (Digest)
Sparing an Attacker

"You shall cut off her hand; you shall not pity her"—Deuteronomy 25:12.

We are forbidden to have pity on one who is pursuing another to kill him. Instead we are commanded to try to stop the pursuer at all costs, and if the effort to stop him is unsuccessful, and the pursuer persists in acting upon his intentions, we must fight him. If possible, we try to prevent him from killing by amputating one of his limbs, blinding him [etc.], and if the only way to stop him is by killing him, then he must be killed.

The same rule applies to a man pursuing a woman (or man) to rape her (or him).

This only applies while the attacker is pursuing the victim. Once the crime has been perpetrated, the criminal may not be summarily executed, but must be brought to court and tried.

The 293rd prohibition is that we are forbidden from sparing the life of a rodef.

The explanation of this: we said in the previous mitzvah1 that witnesses may not kill someone who has performed a transgression until the High Court has sentenced him to death; but this applies only if he has already performed and completed the transgression that carries the death penalty. However, when he is still involved in trying to perform the act, he is termed a rodef, and we are then obligated to prevent him from doing the sin he has in mind. If he refuses and persists, we must attack him. If we can stop him by [merely] depriving him of use of a limb, such as cutting off his hand or foot, or blinding his eye, that is fine. But if the only way to restrain him is by killing him, he must be killed before he performs the act. In this case, there is a prohibition to have pity on the pursuer by refraining from killing him.

The source of this prohibition is G‑d's statement,2 "You must cut off her hand [if necessary, to save her victim] and not have any pity."

In the words of the Sifri: "The phrase 'You must cut off her hand [if necessary]' teaches that you must save him [even] by cutting off her hand. What is the source of the law that if you cannot save him only through cutting off her hand, then you must kill her in order to save him? From the phrase, 'and not have any pity.' " There [in the Sifri] it also says: "[The reason the Torah uses the example of] 'his private parts' is because [an attack to] his private parts could endanger his life. In this case 'you must cut off her hand.' So too in any case where his life is in danger, 'you must cut off her hand.' "

Our previous statement that the rodef must be killed does not apply to all cases where a person is attempting to do a transgression. It applies only when one is chasing after another trying to kill him, even should [the rodef3] be a child; or trying to commit rape in a case the Torah terms gilui ervah,4 obviously includes [to rape] another man. [That the law of rodef applies also to rape is derived from] the G‑d's statement5 (exalted be He), "Even if the betrothed girl has screamed out, there would have been no one to come and save her." This implies that would there have been someone to save her, that he would do so with any means at his command. The Torah compares the law of an attempted rape of a betrothed girl and an attempted murder in the verse,6 "This is no different from the case where a man rises up against his neighbor and murders him."

The details of this mitzvah are explained in the 8th chapter of tractate Sanhedrin.

FOOTNOTES

1.N292.

2.Deut. 25:12.

3.See Kapach, 5731, footnote 36.

4.This includes a married woman, a relative, etc.

5.Deut. 22:27.

6.Ibid. 22:26.

Negative Commandment 297 (Digest)
Saving a Person in Mortal Peril

"You shall not stand [idly] by the blood of your neighbor"—Leviticus 19:16.

It is forbidden to abstain from offering assistance when perceiving one's fellow in mortal danger, or his property in danger of destruction.

Examples: One who knows how to swim who sees his fellow drowning, must jump into the water to save him; if one becomes aware of a plot against another's life, it is his responsibility to attempt to thwart it; one who has evidence that could support his fellow's monetary claim in court, must come forward and testify.

The 297th prohibition is that we are forbidden from not saving a Jew's life in a case where we see that his life is in danger and we have the ability to save him. For example, when someone is drowning in the sea and we can swim well to be able to save him; or a non-Jew wants to kill him and we are able to change his mind or to protect him from harm. [In such cases] there is a prohibition to refrain from saving him.

The source of this prohibition is G‑d's statement1 (exalted be He), "Do not stand still when your neighbor's life is in danger."

Our Sages say that even someone who denies that he has testimony is included in this prohibition, since he sees his brother's money being lost and is able to return it to him by testifying the truth. Another verse2 also refers to this: "and if he does not testify, he must bear his guilt." In the words of the Sifra: "What is the source of the law that when you can testify for someone, that you are forbidden from remaining silent? From the verse, 'Do not stand still when your neighbor's life is in danger.' What is the source of the law that if you see him drowning in the river, being attacked by robbers or by a wild animal that you are obligated to save him? From the verse, 'Do not stand still when your neighbor's life is in danger.' What is the source for the law that when a rodef is trying to kill someone, that you are obligated to save him even with the life [of the rodef]? From the verse, 'Do not stand still when your neighbor's life is in danger.' "

The details of this mitzvah are explained in tractate Sanhedrin.3

FOOTNOTES

1.Lev. 19:16.

2.Ibid. 5:1.

3.73a.

Positive Commandment 182 (Digest)
Designating Cities of Refuge

"Prepare for you the way, and divide the border of the land into three parts"—Deuteronomy 19:3.

We are commanded to designate six cities of refuge in the Land of Israel, and prepare unobstructed and direct routes leading to them. These cities provided refuge [against avenging relatives] for individuals guilty of manslaughter.

The 182nd mitzvah is that we are commanded to designate six cities of refuge, to be available for a person who killed someone accidentally. We must fix the road and keep it straight, and make sure that nothing will impede the fleeing person from running there.

The source of this commandment is G‑d's statement1 (exalted be He), "[You must separate three cities in the land which G‑d your L‑rd is giving you to occupy.] Establish yourself a road, and divide your land into three parts."

The details of this mitzvah are explained in tractates Sanhedrin,2 Makkos,3 Shekalim,4 and Sotah.5

We have mentioned previously6 the statement of our Sages, "Cities of refuge are only in Israel."

FOOTNOTES

1.Deut. 19:3.

2.77b.

3.Ch. 2.

4.1:1.

5.See Kapach, 5731, footnote 17.

6.P176.

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• Rambam ~ 1 Chapter a day: Tum'at Met Chapter 18 & Tum'at Met Chapter 19

Chapter 18

Halacha 1

The following rules apply when a person held one hand over a corpse and one hand over keilim or he touched a corpse and held his hand over keilim. If each of his hands cover a handbreadth of space, the keilim are impure. If they are smaller, they are pure.

Similarly, if there are two buildings near each other and there is a portion of a corpse the size of half an olive in each of them and a person inserted one hand into one building and the other into the second building, if each of his hands cover a handbreadth of space, he has joined the impurity together. Everything is considered as one ohel and he and the buildings are impure. If they are smaller, he does not join the impurity together.

Halacha 2

When a person looks out from a window and leans over impurity, he conveys impurity to the house in which he is located. The entire house becomes impure. If he was lying on the doorstep, part of his body being in the house and part being outside the house and impurity was positioned above the portion outside the house, the house is impure, because a person is hollow and the upper portion of his body is a handbreadth high. Since impurity was held over him, it is as if he stood over it and he conveys the impurity.

Similarly, if there was impurity within a house and pure people stood over the portion of a man lying outside, over the doorstep, they are impure. The rationale is that he is considered as if he is covering impurity and a person conveys impurity, but does not intervene against it, as we explained.

Halacha 3

The following rules apply when the people carrying a corpse passed under an exedra, one of them closed the door to a house and locked it with a key so that the house would not become impure or if there was a person inside or outside who closed the door. If the door could stand close by itself, the house is pure. If not, the house is impure. The rationale is that in the latter situation, it was the person who intervened in the face of ritual impurity. As we explained, a person and keilim convey ritual impurity and do not intervene in the face of it.

Halacha 4

When an oven standing in a house has a dome-shaped opening that extends outside, if people carrying a corpse carried it over the opening that extends outside, the oven is impure, but the house is pure. The rationale is that the oven is not upraised above the ground so that it would bring impurity to the house.

When an oversized closet standing in an entrance opens to the outside and there is impurity in it, the house is pure. When there is impurity in the house, what is in the closet is impure, because it is open in the entrance and it is the nature of impurity to depart and not to enter. If its drawer was extended behind it, projecting less than a handbreadth, and could not be separated from the closet and there was impurity there opposite the boards of the roof of the house, the house is pure. The rationale is that even though it projects outward, it cannot be separated and it does not extend a handbreadth. This applies provided it is a handbreadth by a handbreadth and a handbreadth in height. If the drawer does not have an empty space of a handbreadth, the impurity is considered as flush within the house and the house is impure.

If the closet was standing in the house itself and there was impurity in it or in a chest within it, even though there is not an opening of a handbreadth through which the impurity could depart, the house is impure. If there is impurity in the house, everything in the closet is pure. The rationale is that the nature of impurity is to depart and not to enter.

Halacha 5

If there are keilim between the closet and the ground, between it and the wall, or between it and the ceiling, they are impure if there is a handbreadth of empty space there. If not, they are pure, because we considered it is if the beams of the ceiling descend and close the space between it and the closet.

Halacha 6

If there is impurity under the closet, between it and the earth, between it and the boards of the ceilings, or between it and the wall, the house is impure whether there is an open space of a handbreadth or not.

If the closet was standing under the open air and there was impurity in it, the keilim within the breadth of its walls are pure. If there is impurity within the breadth of its walls, the keilim inside of it are pure.

Halacha 7

All the slanted walls of tents are considered as the tents themselves.

What is implied? When a tent slants downward and ends within a fingerbreadth of the ground and there is impurity in the tent, the keilim under the slanted side are impure. If there is impurity under the slanted wall, the keilim in the tent are impure.

If there is impurity within the slanted wall, one who touches its inner side contracts impurity that lasts a week. One who touches its outer side contracts impurity that lasts until the evening, for the outer side of the slanting wall is considered as an k'li that touches a tent that has become impure.

If there is impurity on the outer side of the slanted wall, one who touches its outer side contracts impurity that lasts a week. One who touches the inner side of the slanting wall contracts impurity that lasts until the evening.

If there was half an olive-sized portion of a corpse inside the tent and half behind it, one who touches it - whether from inside or outside - contracts impurity that lasts until the evening. The tent itself contracts impurity that lasts for seven days.

Halacha 8

If the edges of the tent were spread out on the ground and there was impurity on the ground under an edge of the tent spread out or above it, the impurity pierces through and ascends, pierces through and descends.

Chapter 19

Halacha 1

The following rules apply with regard to a beehive-like container lying on the ground, in the entrance of a building with its opening facing the outside and an olive-sized portion of a corpse under or on top of the portion outside the building. Whatever is directly under or above the olive-sized portion below or above the container is impure. Whatever is in its inner space is pure except an k'li that is directly above or below the impurity. The building is pure.

If there is impurity in the building, only the building is impure, but keilim that are in the container or under it or above it outside of the building are pure. If there was impurity in the container, everything is impure, i.e., everything in the building and everything in the container, everything above it and everything below it that is opposite the impurity, as we explained.

If the container was raised a handbreadth above the ground and there was impurity under it, in the building, or above it, everything is impure, i.e., everything in the building, everything below it and everything above it. Whatever is in its inner space, by contrast, is pure except an k'li that is directly above or below the impurity. If there was impurity in the container, everything is impure, i.e., everything in the container and everything in the building, everything below it and everything above it. The rationale is that keilim or people who become an ohel over impurity or who have impurity above them convey impurity and do not intervene in the face of it, as we explained.

When does the above apply? When the container is an k'li and hollow. Different laws apply, however, if it was damaged and broken open and the open portion was plugged with straw and thus it is not considered as an k'li, or it was filled with straw so there was not an empty space of a handbreadth by a handbreadth and a handbreadth high, but instead, it was stuffed and there was not an empty space of a handbreadth in one place. If it was a handbreadth raised above the ground and there was impurity under it or in the building, the building and all the space under it are impure, because everything constitutes one ohel. Its inner space and anything on top of it on the outside of the building are pure, because it is considered an ohel of wood and it is not a container. If there was impurity inside of it, only what is inside of it is impure. If the impurity was above it, the space above it until the heavens is impure.

If such a container was placed on the ground, it opened to the outside, and an olive-sized portion of a corpse was under it, the space under it until the depths is impure. If the impurity was above it, the space above it until the heavens is impure. If there was impurity in the building, only the building is impure. If there is impurity within the container, only its inner space is impure.

Halacha 2

When a beehive-like container is lying on the ground in the entrance to a building, it opens up to the inside of the building, it is intact and hollow and there is an olive-sized portion of a corpse below it or above it, everything that is directly below the olive-sized portion of impurity or over it is impure. Everything that is in its inner space is impure except those keilim that are directly above or directly below the impurity and the building is pure.

If it was raised a handbreadth above the ground and there was impurity under it, in it, above it, or in the building, everything is impure: everything that is in the building and everything under it, because it and the building constitute one ohel.

If it was damaged and broken opened and the open portion was plugged with straw or stuffed, was raised a handbreadth above the ground and there was impurity under it, in the building, or in it, everything is impure except the articles above it. If the impurity was above it, the space above the impurity until the heavens is impure, but its inner space is pure and the space under it, the building, and everything in them is pure. Since it is not an k'li, it intervenes in the face of impurity.

If such a container

Halacha 3

The following laws apply when there is a beehive-like container inside a building, it fills the entire height of the building, its opening is positioned toward the ceiling of the building, and it reaches the ceiling so that there is less than a handbreadth of space between it and the ceiling. If there is impurity in it, the building is impure. If there is impurity in the building, its contents are pure. The rationale is that when there is less than a handbreadth of open space, it is the nature of impurity to depart towards the building, but not to enter the container.

This law applies whether the container was standing upright or leaning on its side, with its opening to the wall and there was less than a handbreadth between it and the wall, whether there was one beehive-like container or two beehive-like containers, one above the other, and there was not a handbreadth of empty space between the upper container and the ceiling or the upper container and the wall.

When such a container was standing in the entrance to a building with its opening facing upward and there was less than a handbreadth between it and the lintel, if there is impurity in it, the building is pure. If there is impurity in the building, the contents of the container are impure. The rationale is that it is the nature of impurity to depart and not to enter.

Halacha 4

The following laws apply when there is a hollow beehive-like container that is intact and resting on its side in the open and there is an olive-sized portion of a corpse below it or above it. Anything that is directly above or directly below the olive-size portion is impure. Whatever is within its inner space, is pure except what is directly above or below the impurity. Whatever is not directly above or below the impurity inside the container is pure. If there is impurity inside of it, everything is impure: everything inside of it and everything below the container or above it that is directly above or below the impurity.

If it was raised a handbreadth above the ground and there was impurity under it or above it, everything that is below it and everything that is above it is impure, but everything that is inside of it is pure except an k'li that is directly above or below the impurity.

If there is impurity inside of it, everything is impure, everything inside of it, everything below it, and everything resting upon it from above. The rationale is that keilim convey ritual impurity, but do not intervene in the face of it, as we explained. Accordingly, if this beehive-like container that was lying on the earth was damaged and then plugged with straw or it is an oversized wooden container and there is an olive-sized portion from a corpse under it, anything below it until the depths is impure. If the impurity is on top of it, anything above it until the heavens is impure. If the impurity is inside of it, only the keilim inside of it are impure.

If such a container was raised a handbreadth above the earth that an oversized wooden container is considered as an ohel and not as an k'li. Therefore, it intervenes in the face of impurity.

Halacha 5

When an intact beehive-like container was resting on its base in the open space and there was impurity under it, inside of it, or on top of it, the impurity pierces through and ascends and pierces through and descends. If, however, it was raised a handbreadth above the ground, covered, or standing upside down and there was impurity below it, in it, or above it, everything is impure: everything inside of it, everything below it, everything above it if the impurity was below it, for an k'li conveys ritual impurity and does not intervene in the face of it, as we explained.

Accordingly, if the container was damaged and plugged with straw and there is impurity under it, in it, or above it, the impurity pierces through and ascends and pierces through and descends. If it was raised a handbreadth above the ground

Halacha 6

If there is a camel standing in the open space and there was impurity below it, the keilim above it are pure. If there is impurity above it, the keilim under it are pure. If it was lying down and there was impurity under it, the impurity pierces through and ascends and pierces through and descends. Similarly, if there was impurity flush under its foot or above its foot, the impurity pierces through and ascends and pierces through and descends.

We already explained in Hilchot Nizirut that if a nazirite and an olive-size portion of a corpse were both under a camel, a bed, or another similar k'li, even though he contracts impurity that lasts seven days, he does not shave. From this, we can derive that all of the impurity mentioned with regard to an ohel created by a person, an animal, or an k'li have their source in the words of the Sages. Some of them are part of the Oral Tradition and others are decrees and safeguards. Therefore a nazirite does not shave because of any of these impurities and one is not liable for karet for entering the Temple or partaking of consecrated food. All of the statements regarding the impurity conveyed in this manner are relevant only with regard to the ritual impurity of terumah and sacrificial foods, as we explained.

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• Rambam ~ 3 Chapters: Rotseah uShmirat Nefesh Chapter Two, Rotseah uShmirat Nefesh Chapter Three, Rotseah uShmirat Nefesh Chapter Four & Rotseah uShmirat Nefesh Chapter Five, Rotseah uShmirat Nefesh Chapter Six, Rotseah uShmirat Nefesh Chapter Seven

Chapter Two

Halacha 1

Whenever a person kills a colleague with his hands - e.g., he strikes him with a sword or with a stone that can cause death, strangles him until he dies or burns him in fire - he should be executed by the court, for he himself has killed him.

Halacha 2

But a person who hires a murderer to kill a colleague, one who sends his servants and they kill him, one who binds a colleague and leaves him before a lion or the like and the beast kills him, and a person who commits suicide are all considered to be shedders of blood; the sin of bloodshed is upon their hands, and they are liable for death at the hands of God. They are not, however, liable for execution by the court.

Halacha 3

Which source indicates that this is the law? Genesis 9:6 states: "When a person sheds the blood of a man, by a man his blood shall be shed." This refers to a person who kills a colleague by himself, without employing an agent.

The verse continues: "Of the blood of your own lives I will demand an account." This refers to a person who commits suicide.6

"From the hand of every wild beast will I demand an account" Ibid. 9:5 This refers to a person who places a person before a wild beast so that he will devour him.

"From the hand of a man, from the hand of one's brother, will I demand an account for the soul of a man" ibid.. This refers to a person who hires others to kill a colleague. In all of the three last instances, the verse uses the expression "will I demand an account," indicating that their judgment is in heaven's hands.

Halacha 4

When a Jewish king desires to slay any of these murderers and the like - who are not liable for execution by the court - by virtue of his regal authority, in order to perfect society, he has the license.

Similarly, if the court desires to execute them as a result of a immediate fiat, because this was required at the time, they have the license to do as they see fit.

Halacha 5

If the king did not execute them, nor did the court deem the time as such to require strengthening the strictures against murder, it should nevertheless have the murderer beaten with severe blows - so that he is on the verge of death - and imprisoned, deprived and afflicted with all types of discomfort in order to strike fear and awe into the hearts of other wicked men, so that this death should not be a stumbling block and a snag for them, causing them to say: "Let me arrange to have my enemies killed the way so-and-so did, and I will not suffer the consequences."

Halacha 6

Whether a person kills an adult or an infant that is one day old, a male or a female, he should be executed if he killed him intentionally, or exiled if he killed him unintentionally.

With regard to an infant, the above applies provided it was born after a full term pregnancy. If, however, it was born before nine months passed, it is considered to be an inviable birth until it lives for 30 days. If it is killed within those 30 days, the killer should not be executed.

Halacha 7

Whether a person kills a healthy person, a sick person who is on the verge of dying, or even a person in his actual death throes, the killer should be executed. If, however, one kills a person in his death throes because of wounds inflicted upon him by others - i.e., he was stricken until he was on the verge of death, and he is in his death throes, the killer should not be executed by the court.

Halacha 8

When, by contrast, a person is considered trefah,even though he eats, drinks and walks in the market place, one is not held liable by an earthly court for killing him.

Every person is presumed to be physically sound, and a person who kills him should be executed unless it is certainly known that he is a trefah, and the physicians say that his infirmity does not have any remedy for humans and it will surely cause his death, if no other factor does first.

Halacha 9

When a person who is a trefah kills another man, he should be killed, as reflected by Deuteronomy 19:19, which states: "And you shall destroy the evil from among your midst."

When does this apply? When he committed the murder in the presence of a court. If, however, he committed the murder in the presence of witnesses, he is not liable. The rationale is that the witnesses may be disqualified through hazamah. And if they are disqualified through hazamah, they will not be punished by execution, for they intended merely to have a person who was trefah executed. And whenever the laws of hazamah cannot be applied to testimony, it is not considered to be valid testimony in capital cases.

Halacha 10

If a person kills either a Jew or a Canaanite servant, he should be executed. If he kills inadvertently, he should be exiled.

Halacha 11

At first, a person who killed a resident alienshould not be executed by the court, as implied by Exodus 21:14, which introduces the laws regarding the punishment for murder, by stating: "When a man acts intentionally against his colleague, killing him...." Needless to say, this ruling applies with regard to a gentile.

Whether a person kills his own Canaanite servant or a servant belonging to someone else, he should be executed. For a servant has accepted the yoke of mitzvot and has been added to "the heritage of God."

Halacha 12

What is the difference between killing one's own Canaanite servant and a servant belonging to someone else? With regard to one's own servant, one has the right to strike him. Thus, if one strikes him with a blow that is sufficient to cause death, and he is on the verge of dying, but survives for 24 hours and dies afterwards, the owner should not be executed, although the servant died because of the blow, as Exodus 21:21 states: "But if he survives for a day or two, he shall not be avenged, for he is his property."

What is the intent of the phrase "for a day or two"? A day that is like two days - i.e., a full 24-hour cycle.

Halacha 13

Different rules apply when, by contrast, one strikes a Canaanite servant who belongs to another person. If one strikes him with a blow sufficient to kill, one may be executed for killing him, as one would be executed for killing any free Jew, even if he does not die because of the blow until several days have passed.

Halacha 14

It appears to me that when a person strikes his servant with a knife, a sword, a stone, a fist or the like, and it was assessed that he would die, and he did die, the leniency granted if the servant survives more than 24 hours does not apply. Instead, even if the servant dies a year later, the owner should be executed because of the servant's death.

To underscore this point, Exodus 21:20 mentions striking the servant "with a rod." For the Torah has granted the owner permission to beat his servant only with a rod, a staff, a strap or the like, and he may not strike him with murderous blows.

Halacha 15

The following rules apply when a person sells his servant and stipulates that the servant must continue to serve him for 30 days - and in those 30 days, either the seller or the purchaser strikes the servant - the leniency granted if the servant survives more than 24 hours does not apply, neither to the seller nor to the purchaser, and the killer should be executed.

The rationale is that the servant no longer is the personal "property" of the seller, nor has he entered the domain of the purchaser.

Halacha 16

Similarly, if a person is half servant and half free,or there is a servant belonging to two partners, and the owner or one of the owners strikes and kills the servant, the leniency granted if the servant survives more than 24 hours does not apply. For in these cases, there is not an owner who owns the servant as his personal "property." Therefore, the owner should be executed, as would any other person.

Chapter Three

Halacha 1

The following rule applies when a person strikes a colleague intentionally with a stone or a piece of wood and causes his death. We assess the object with which he was struck, and the place where he was struck, and determine whether or not it is likely that such an article would cause death when used to give a blow in such a place.

This is implied by Numbers 35:17-18, which states: "If he struck him with a fist-sized stone that could cause death... or if he struck him with a fist-sized wooden article that could cause death." "That could cause death" teaches that the murder weapon must be such that would likely cause him to die.

Striking a person on his heart cannot be compared to striking him on his thigh.

Halacha 2

Since the verse states "That could cause death," this phrase also implies that we assess the place where the victim was struck.

Just as we assess the object with which he was struck, and the place where he was struck, we also assess the force of the blow. This is implied by the phrase (Ibid.): "a fist-sized stone," from which we infer that we evaluate the force of the hand. For one cannot compare a person who throws a stone at his colleague from a distance of two cubits to one who throws a stone from a distance of ten cubits. At ten cubits, the stone will have more force. Nor can one compare a person who throws a stone at his colleague from a distance of ten cubits to one who throws a stone from a distance of 100 cubits. For over an extended distance, the force of the blow will be diminished.

Halacha 3

Similarly, the blow itself and the power of the killer and the victim should be assessed: Is he large or small? Is he strong or weak? Is he healthy or sickly? These and all similar questions should be investigated. This is all implied by the phrase: "That could cause death." It teaches that all the factors involved in the person's death should be assessed.

Halacha 4

The Torah did not mention a minimum size with regard to an iron object, as Numbers 35:16 states: "If he struck him with an iron utensil and he dies, he is a murderer." This applies even to a needle, provided the object is pointed like a needle, a spit, a knife or the like.

If, however, a person strikes a colleague with a hunk of metal or the like, we evaluate the blow as we would evaluate it if it had been dealt with a piece of wood or a stone.

Halacha 5

When a person strikes a colleague without an object and kills him - e.g., he strikes him with his hand or foot or butts him with his head and kills him - we should assess the force of the blow, the strength of the victim and the place where the blow was given. One cannot compare a person poking at a colleague with his finger to one who kicks his colleague with all his strength. Nor can one compare a blow given on the heart to a blow given in the groin. Nor can one compare a weak person who strikes a healthy, strong person to a healthy, strong person who strikes a weak or sickly person.

Halacha 6

What is the source that teaches that an assessment must be made in such an instance? Numbers 35:21 states: "Or if he maliciously strikes him with his hand and he dies, the one who strikes him shall certainly die." Although it mentions "with his hand," the verse also states that the blow must be given "maliciously." Implied is that we assess the force of the blow.

Halacha 7

Similarly, when a person pushes a colleague from a rooftop, causing him to fall and die, we assess the height of the place from which he pushed him and the strength of the person who was pushed. For an infant who fell cannot be compared to an adult who fell.

What is the source that teaches that we must assess the height from which the victim fell? Numbers 35:20 states: "If he pushes him down with hatred."

It appears to me that any place that is not more than ten handbreadths high is not considered of sufficient height to kill, as explained with regard to an animal that fell into a cistern.

Halacha 8

The same laws apply if a person strikes a colleague with a stone, a block of wood, a clod of earth, a block of salt or sulfur, or a basket full of dust or pebbles, or even if he strikes him with a cake of dried figs. This is implied by the phrase "That could cause death" - i.e., anything that may cause death. And it is the weight of the object that makes it fit to cause death.

Halacha 9

When a person pushes a colleague into water or into a fire, an assessment should be made. If the person could ascend, the one who pushed him is not liable for execution. If he could not ascend, the one who pushed him is liable.

Similarly, if one held a colleague in water or in fire until he did not have any strength to ascend, and the colleague died, the one who held him is liable, even if he did not push him there at the outset.

Similarly, a person is liable for execution in all of the following instances: he held his hand over a colleague's mouth and nose until he left him in his death throes, unable to live; he bound a colleague and left him in the sun or the cold until he died; he built an airtight construction over him that prevented air from coming in; he placed a colleague in a house or a cave and filled it with smoke until he died; or he placed a colleague in an airtight marble building and lit a candle, causing the colleague to die because of the lack of air. In all of these instances, the person who caused the victim's death is executed; it is as if he had strangled him by hand.

Halacha 10

Different rules apply, however, in the following instances: A person binds a colleague and leaves him to starve to death; he binds him and leaves him in a place that will ultimately cause him to be subjected to cold or heat, and these influences indeed come and kill the victim; he covers him with a barrel; he uncovers the roof of the building where he was staying; or he causes a snake to bite him. Needless to say, a distinction is made if a colleague dispatches a dog or a snake at a colleague. In all the above instances, the person is not executed. He is, nevertheless, considered to be a murderer, and "the One who seeks vengeance for bloodshed" will seek vengeance for the blood he shed.

Halacha 11

Similarly execution is not required in the following instances. A person pushed his colleague into a cistern and there was a ladder that he could have used to climb out, or he shot an arrow at him, but he was holding a shield with which he could protect himself - and another person came and took away the ladder or the shield. Neither of the two is executed by the court.

Moreover, even if the person who pushed the victim is himself the one who takes away the ladder, he is not liable for execution. God will, however, seek him out and avenge the bloodshed.

Halacha 12

When a person throws a stone against a wall, and the stone rebounds and kills a person, the thrower of the stone is liable for execution by the court. For it was propelled by the power of the person who threw it.

A similar principle applies with regard to a person playing with a ball, who was given a warning and caused death by throwing it. If the victim was within four cubits of the wall, he is not liable. If the victim was beyond four cubits away, even if he was standing at the end of a distance of 100 cubits, the thrower is liable, provided the ball is of sufficient weight to kill, as explained.

Halacha 13

If a person threw a stone upward and it went to the side and caused death, the one who threw it is liable.

If a person binds a colleague and puts him in a place where he cannot flee, and then turns a current of water on him, causing him to die, the killer should be executed. This law applies provided the victim dies from the first burst of water that flows because of his deeds.

Chapter Four

Halacha 1

A person who intended to kill one person and instead killed another is not liable - neither for execution by the court, nor for financial liability, nor for exile.

He is not liable for exile because the cities of refuge will not serve as protection for him, as will be explained.

Therefore, a person who throws a stone into a group of Jews without the intent of killing any specific person is not liable for execution by the court, even though he in fact kills a person.

Halacha 2

Similarly, a killer is not held liable for execution in the following instances. He intended to strike a colleague on his loins, and the utensil was not sufficient to kill if it struck a person on his loins, but it instead struck him on his heart and he died. Or a person intended to strike a colleague on his heart, and the blow was sufficient to kill had it struck him on the heart, but instead it struck the victim on his loins and it was not sufficient to kill an ordinary person if it struck him on his loins, but this person died. In these instances, the killer is not liable for execution by the court, nor is he exiled, because a person who kills intentionally is never exiled.

If, however, he intended to strike him on his loins, and the blow was sufficient to kill him if it struck him on his loins, but it struck him on his heart, killing him, the killer should be executed. Similar principles apply in all analogous instances.

Halacha 3

When a person strikes a colleague with a stone or a fist in a manner that could cause his death, but he does not die immediately, an assessment should be made.

If the judges assess that the victim would live, the person who struck the blow is liable only to pay the five damages awarded to a person who is injured, and he is released. Even if the victim falls ill, and his situation becomes more serious and ultimately he dies, the person who struck the blow is not held liable.

If the judges assess that the victim would die, they should imprison the person who struck the blow immediately and wait to see the outcome. If the victim does die, the person who struck the blow should be executed. If, however, the victim's condition improves, and he becomes healed entirely to the extent that he walks in the marketplace on his feet like other healthy people, the person who struck the blow should pay the damages and should be released.

Halacha 4

The Torah's expression על משענתו does not mean that he should walk while supported by a staff or by another person. For even a person who is on the verge of dying can walk leaning on a support. Instead, the intent in this verse is that he walk supported by his own power, without relying on any other factor for support.

Halacha 5

If it was assessed that the victim would die, and afterwards his condition improved, but then deteriorated, and ultimately he died, the killer should be executed. We do not make a second assessment after the victim's condition improves, for there is a basis for the assumption that he died because of the original blow.

Halacha 6

If ten people strike a person with ten different sticks and he dies, they are all not held liable for execution by the court.This law applies regardless of whether they struck him one after the other or they struck him at the same time.

These concepts are derived from Leviticus 24:17: "If he strikes any person mortally he should be put to death." כל translated as "any" also means "all." Implied is that death is not required unless one person alone is entirely accountable for the person's death.

The same law applies if two people push a colleague into water or hold him there, or several people are sitting together and an arrow emerges from their company and kills; none is held liable for execution.

Halacha 7

A different ruling is rendered in the following instance. Ten people threw stones at a person one after the other, and none of the stones was of sufficient weight to cause death. Afterwards, another person cast a stone that was of sufficient weight to cause death and the victim died. The last person who threw the stone should be executed.

If a murderer who was sentenced to execution becomes intermingled with other people, they are all absolved. Similarly, when a murderer who was not convicted becomes intermingled with other murderers who were sentenced to execution, none should be executed. The rationale is that judgment can be passed on a person only in his presence. All the killers should, however, be imprisoned.

Halacha 8

The following laws apply when a person kills people, but the witnesses did not observe his act together - instead one saw him after the other did: a person killed in the presence of witnesses, but a warning was not given; or the witnesses to a murder contradicted each other with regard to the fine points of the testimony, but not with regard to the fundamental questions.

All those murderers should be forced to enter a kipah.There they are fed parched bread and small amounts of water until their digestive tract contracts. Then they are fed barley until their bellies burst because of the extent of the sickness and they die.

Halacha 9

This measure is not taken with regard to other crimes punishable by execution by the court. If a defendant is liable for execution, he should be executed. If he is not liable for execution, he should be released.

Although there are other sins that are more serious than murder, they do not present as serious a danger to society as murder does. Even idol worship - and needless to say, incest or the violation of the Sabbath - are not considered as severe as murder. For these sins involve man's relationship with God, while murder also involves man's relationship with his fellow man.

Whoever commits this sin is an utterly wicked person. All the mitzvot that he performs throughout his lifetime cannot outweigh this sin and save him from judgment. Thus, Proverbs 28:17 states: "A man weighed down with life's blood will flee to the pit."

Come and learn from the example of Ach'av King of Israel. He was an idolater so debased in his paganism that I Kings 21:25 says: "There was none like Ach'av who gave himself over to the performance of wickedness in the eyes of God." And yet when his merits and sins were weighed in the presence of the Lord of spirits, there was no sin that warranted his destruction and was not counterbalanced by a positive quality, except the blood of Navot.

Thus, it is written Ibid. 22:21, in the description of the prophecy of Ach'av's death in battle: "And the spirit came and stood before God." Our Sages commented:: "This is the spirit of Navot." And God told the spirit (Ibid.:2): "You will persuade him and prevail."

Now this wicked man Ach'av did not actually kill his victim with his own hands; he merely brought about his death. How much more so this condemnation should apply when a person kills another with his own hands.

Halacha 10

It is a mitzvah to kill minim and apikorsim.

The term minim refers to Jewish idolaters or those who perform transgressions for the sake of angering God, even if one eats non-kosher meat for the sake of angering God or wears sha'atnez for the sake of angering God.

The term apikorsim refers to Jews who deny the Torah and the concept of prophecy.

If there is the possibility, one should kill them with a sword in public view. If that is not possible, one should develop a plan so that one can cause their deaths.

What is implied? If one sees such a person descend to a cistern, and there is a ladder in the cistern, one should take the ladder, and excuse oneself, saying: "I must hurry to take my son down from the roof. I shall return the ladder to you soon." Similarly, one should devise other analogous plans to cause the death of such people.

Halacha 11

With regard to a gentile idolater with whom we are not at war, a Jewish shepherd of small livestock, and the like, by contrast, we should not try to cause their deaths. It is, however, forbidden to save their lives if their lives are threatened. For example, if such a person fell into the sea, one should not rescue him. Leviticus 19:16] states: "Do not stand idly by while your brother's blood is at stake." This does not apply with regard to such individuals, because they are not "your brothers."

Halacha 12

When does the above apply? With regard to a Jew who sins and perseveres in his wickedness, continually repeating it - e.g., shepherds of small livestock who show no consideration for the prohibition against robbery and continue in their perversity.

When, by contrast, a Jew commits transgressions, but does not maintain his wickedness continually, merely occasionally sinning for his own personal satisfaction - e.g., one who eats non-kosher food for pleasure - it is a mitzvah to save his life, and it is forbidden to stand idly by when his life is threatened.

Chapter Five

Halacha 1

Whenever a person kills unintentionally, he should be exiled from the city in which he killed, to a city of refuge. It is a positive mitzvah to exile him, as implied by Numbers 35:25: "He shall dwell there until the death of the High Priest."

The court is admonished not to accept a ransom from the killer to enable him to remain in his city, as Ibid.:32 states: "You shall not accept a ransom so that he will not have to flee to his city of refuge."

Halacha 2

A person who kills unintentionally is not exiled unless the person whom he kills dies immediately. If, however, he wounds a person unintentionally - even though the court assesses that the victim will die - and the victim indeed falls sick and dies, the killer is not exiled. The rationale is that the death may not have been entirely the killer's fault; perhaps the victim in some way hastened his own death or wind entered his wound and caused him to die.

Even if the killer severed the victim's windpipe and esophagus, if the victim remained alive for a short while, the killer is not exiled on his accord. Therefore, it is only when the victim died without entering any death spasms at all, or was killed in a place that was not open to the wind - e.g., a closed marble building, or the like - that the killer is exiled.

Halacha 3

When a Jew unintentionally kills a servant or a resident alien, he must be exiled. Similarly, if a servant unintentionally kills a Jew or a resident alien, he should be exiled.

Similarly, a resident alien who kills another resident alien or a servant unintentionally should be exiled, for the passage concerning the cities of refuge, Numbers 35:15, describes them as being for "the children of Israel, an alien and the residents among you."

Halacha 4

When a resident alien kills a Jew unintentionally, he should be executed, even though he acted unintentionally. The rationale is that a person must always take responsibility for his conduct.

Similarly, if a resident alien kills another resident alien because he thought that it was permitted to kill, he is considered to be close to acting intentionally, and he should be executed, for he intended to kill.

When one gentile kills another gentile unintentionally, the cities of refuge do not serve as a haven for him, for the above verse states: "For the children of Israel."

Halacha 5

When a son unintentionally kills his father, he should be exiled. Similarly, when a father unintentionally kills his son, he should be exiled.

When does the above apply? When the father kills the son while not in the midst of Torah study, or when he was teaching his son a profession that is not necessary for him. If, however, he imposes punishment on his son while teaching him Torah, secular knowledge or a profession, and the son dies, the father is not liable for exile.

Halacha 6

Similarly, when a teacher strikes a student or an emissary of the court strikes a litigant who refuses to appear in courtand accidentally kills him, he is not liable for exile.

This concept is derived from Deuteronomy 19:5, which mentions the punishment of exile for a person who unintentionally kills a colleague while "chopping wood" - i.e., a permitted act. Thus, this punishment is not imposed when a father strikes a son, a teacher strikes a student, or an emissary of the court strikes a litigant, for they unintentionally killed while performing a mitzvah.

Halacha 7

At the outset, both a person who killed unintentionally and one who killed intentionally should flee to a city of refuge. The court in the city in which the killing took place sends for the killer and brings him back to that city, as ibid.:12 states: "And the elders of his city shall send and take him from there."

If the killer is condemned to execution, he should be executed, as ibid. continues: "And they shall give him to the hand of the blood redeemer." If a person is absolved, he should be released, as Numbers 35:25 states: "And the congregation shall save the killer from the hand of the blood redeemer." And if the killer is sentenced to exile, he should be returned to his previous place, as ibid. continues: "And the congregation shall return him to his city of refuge."

Halacha 8

When he is returned to his city of refuge, he is given two Torah sages to accompany him, lest the blood redeemer attempt to kill him on the way. They should tell him: "Do not deal with him in the manner of those who shed blood. It was unintentional that this happened."

Halacha 9

When a blood redeemer slays a person who killed unintentionally outside the Sabbath limits of his city of refuge, he is not held liable, as Deuteronomy 19:6 states: "He is not judged as liable to be executed."

Halacha 10

The above applies whether he kills him on the road before he enters his city of refuge or if he kills him when returning together with the two who are guarding him. If he enters his city of refuge and intentionally departs beyond its Sabbath boundaries,he has granted license for his life to be taken. The blood redeemer is permitted to kill him. And if another person kills him, that other person is not liable, as Numbers 35:27 states: "There is no liability for his blood."

Halacha 11

If the killer leaves his city of refuge unintentionally, whoever slays him - whether the blood redeemer or another person - should be exiled. If the killer is slain within the Sabbath limits of the city of refuge, the one who slayed him should be executed.

Halacha 12

The altar in the Temple serves as a haven for killers. This is derived from Exodus 21:14, which states with regard to a person who kills intentionally: "You shall take him from My altar to die." One can derive from this, that one who kills unintentionally should not be killed at the altar.

Thus, if a person kills unintentionally and takes refuge at the altar, and the blood redeemer kills him there, he should be executed as if he killed him in a city of refuge.

Halacha 13

What serves as a haven is only the top of the altar in the Temple. Moreover, it serves as a haven only for a priest who is in the midst of sacrificial worship. For a person other than a priest, a priest who is not involved in the sacrificial worship, or a priest who was involved in the sacrificial worship but was near the altar or holding on to its horns, the altar does not serve as a haven.

Halacha 14

If someone takes refuge on the altar, he is not left there. Instead, he is given guards and taken to a city of refuge.

When does the above apply? When one is obligated to be exiled. If, however, a person feared that a king will have him executed as is the king's authority, or that the court will execute him as an immediate directive, and fled to the altar and held on to it, he should be saved.

This applies even if he is a commoner. He should not be taken from the altar to die unless he was sentenced to death because of the testimony of witnesses who delivered a warning, as is always required with regard to those executed by the court.

Chapter Six

Halacha 1

There are three categories of unintentional killers.

Halacha 2

There is a person who kills unintentionally, without at all knowing that this will be the consequence of his actions. Concerning such a person, Exodus 21:13 says: "Who did not lay in ambush." The law applying to such a person is that he should be exiled to a city of refuge, as we have explained in the previous chapter.

Halacha 3

There is a person who kills unintentionally, whose acts resemble those caused by forces beyond his control - i.e., that the death will be caused by an extraordinary phenomenon that does not commonly occur. Such a person is not liable to be exiled, and if he is slain by the blood redeemer, the blood redeemer should be executed for killing him.

Halacha 4

There is a person who kills unintentionally, whose acts resemble those willfully perpetrated - e.g., they involve negligence or that care should have been taken with regard to a certain factor and it was not. Such a person is not sentenced to exile, because his sin is very severe and exile cannot bring him atonement, nor do the cities of refuge served as a haven for him. For they serve as a haven only for those obligated to be exiled. Therefore, if the blood redeemer finds this killer anywhere and slays him, he is not liable.

Halacha 5

What should such a person do? Sit and protect himself from the blood redeemer.

Similarly, if the blood redeemer slays any of the murderers whose acts were observed by only one witness, or who were not given a warning or the like, the blood redeemer is not liable for execution. Killing such individuals should not be considered more severe than killing a person who killed unintentionally.

Halacha 6

What does the above imply? When a person throws a stone into the public domain and it causes death or he tears down his wall into the public domain, and a stone falls and causes death - whether he tears down the wall during the day or during the night - he is considered to be close to having acted intentionally. A city of refuge does not serve as a haven for him. For he should have checked the surroundings and then thrown the stone or torn down the wall.

Halacha 7

The following rules apply if a person tears down a wall into a garbage dump at night. If it is likely that people are there, he is considered to be close to having acted intentionally, and a city of refuge does not serve as a haven for him. If people are never found there, the death is considered close to having been caused by forces beyond his control, and he is not liable for exile.

Halacha 8

Different rules apply if people would use a garbage dump to relieve themselves at night, but would not use it for this purpose during the daytime. If it happened that a person sat there during the day, and he was killed by a stone that came from a person tearing down his wall, the person who tore down his wall should be exiled.

If after the stone began to fall, the person came and sat down, and the stone struck him and caused his death, the person who tore down his wall is not liable to be exiled.

Halacha 9

Similarly, if a person threw a stone into the public domain, and after the stone left his hand, the victim stuck his head out from a window and was struck by it, the person who threw the stone is not liable for exile. This is derived from Deuteronomy 19:5, which states: "the iron slips from the wood and finds his fellow." This excludes an instance when the victim causes himself to be found by the iron or other object that causes death.

Halacha 10

When a person who hates the victim kills unintentionally, the city of refuge does not serve as a haven for him. This is implied by Numbers 35:23, which states that a person who is exiled: "is not the victim's enemy." We operate under the presumption that one who is an enemy is close to having acted willfully.

Who is considered to be an enemy? A person who did not speak to the victim for at least three days because of animosity.

Similarly, all the following individuals are considered close to having acted willfully, and a city of refuge does not serve as a haven for them:

a) a person who entered an intersection holding an open knife in his hand without realizing that the victim was approaching from the other side and unintentionally stabbed him, causing his death;

b) a person who unintentionally pushed a colleague to his death with his body and not with his hands;

c) a person who intended to throw a stone that could kill two cubits, and instead threw it four;

d) a person who thought that it was permitted to kill;

e) a person who intended to kill one person and instead killed another. This applies even if he intended to kill a gentile or an animal and instead killed a Jew.

Halacha 11

When a person enters a courtyard of a homeowner without permission, and the homeowner kills him unintentionally, the homeowner is not liable to be exiled as can be inferred from Deuteronomy 19:5, which, when describing a person who must be exiled speaks of one: "Who encounters his colleague in the forest." Our Sages commented: A forest is a place that the victim has the right to enter. Similarly, in all such places, and only in such places, is a killer liable to be exiled.

Therefore, if a person enters a carpenter's shop without permission, and a block of wood flies forth and strikes him in the face and kills him, and he dies, the carpenter is not liable to be exiled. If he entered with permission, the carpenter should be exiled.

Halacha 12

When a person was lifting a barrel with a pulley to bring it up to a roof, and the the rope broke, causing it to fall on a colleague, or a person was climbing up a ladder and fell on a colleague and killed him, the person who caused the death is not liable to be exiled. This is considered to be something beyond his control. For this is not something that is likely to happen, but is rather an extraordinary occurrence.

If, by contrast, a person was lowering a barrel with a rope and it fell on a colleague and killed him, he was descending on a ladder and fell on a colleague, or he was shining with a polisher and it fell on a colleague and killed him, the person responsible should be exiled.

This is derived from Numbers 35:23, which states: "And it fell upon him, and he died," implying that the article must descend in an ordinary manner. An object that descends frequently causes damage. Indeed, it is likely that this will happen, for the nature of a heavy object is to descend downward speedily. Therefore, if the person did not hurry and act appropriately and properly while the object descended, he is responsible and should be exiled. The same applies in other analogous situations.

Halacha 13

The following rules apply when a butcher was cutting meat and lifted his hands backward while holding a cleaver, and then brought them forward to break a bone, as butchers do. If anyone is killed while he draws the cleaver back - i.e., while he lifts it up in front of him or while he causes it to descend behind him, the butcher is not exiled. If anyone is killed when he brings the cleaver forward - i.e., while he lifts it up behind him or while he causes it to descend in front of him - the butcher should be exiled.

This is the governing principle. Whenever the object that kills is descending, the person responsible should be exiled. If it is not descending, he should not be exiled. Even a descent for the purpose of ascent does not cause the person to be exiled.

Halacha 14

What is an example of a "descent for the purpose of an ascent"? If a person was ascending on a ladder, and a rung gave way under his feet and fell and caused death, the person climbing is not obligated to be exiled.

Similarly, in the following situations, the death is considered close to having been caused by factors beyond the control of the individuals involved and they are not exiled:

a) a person intended to throw an article in one direction and it went in another direction,

b) a person had a stone in his bosom that he had never been made aware of and when he stood up it fell, or

c) a blind man killed someone unintentionally.

Halacha 15

If there was a stone in his bosom that he was aware of and he forgot it, and then he stood up, the stone fell and caused death, he is exiled, as implied by Numbers 35:15, which mentions the death taking place "unintentionally." From the use of that term, we can infer that he knew of the stone's existence beforehand.

If the iron slips from the axe rebounding from the tree he is chopping, he is not exiled, because this does not come from his own force, but from the effect generated by his force. Thus, it is like a factor that is beyond his control.

Similarly, if a person throws a stone into a date palm to knock down dates, and the dates fall on an infant and kill him, the person who throws the stone is not liable to be exiled, because the infant was killed, not by force that he generated, but from the effect generated by his force. Similar principles apply with regard to other blows brought about by analogous situations.

Chapter Seven

Halacha 1

When a Torah scholar is exiled to a city of refuge, his teacher is exiled together with him. This is derived from Deuteronomy 19:5, which states: "He shall flee to one of these cities, and he shall live." Implied, is that everything necessary for his life must be provided for him. Therefore, a scholar must be provided with his teacher, for the life of one who possesses knowledge without Torah study is considered to be death. Similarly, if a teacher is exiled, his academy is exiled with him.

Halacha 2

When a servant is exiled to a city of refuge, his master is not obligated to provide for his sustenance. The income from his labor, however, belongs to his master.

When a woman is exiled to a city of refuge, her husband is obligated to provide for her sustenance. For he cannot tell her: "Take the fruits of your labor in exchange for your sustenance," unless the woman is capable of earning a sufficient amount to provide for herself.

Halacha 3

When a killer was sentenced to exile and died before the sentence was implemented, his bones should be taken to a city of refuge and buried there.

When a killer dies in his city of refuge, he should be buried there. When the High Priest dies, the bones of the killer may be taken to his ancestral plot.

Halacha 4

When any of the other Levites who live in the city of refuge dies, he should not be buried within the city or within its Sabbath boundary. As Numbers 35:3 states: "Their open space will be for their animals, for their property and for all their life." Implied is that these cities were given for life, and not for burial.

Halacha 5

When a killer kills accidentally in a city of refuge, he should be exiled from one neighborhood to another. He should not depart from the city.

Similarly, when a Levite kills in one of his own cities, he should be exiled to another one of the cities of the Levites. For they all serve as a haven, as will be explained. If he killed outside the cities of the Levites and fled to his own city, that city serves as a haven for him.

Halacha 6

When the majority of the inhabitants of a city of refuge are killers, it no longer serves as a haven. This is derived from Joshua 20:4, which speaks of the designation of the cities of refuge and states: "And the killer will speak his words in the ears of the elders of the city." Implied is that there is a distinction between their words and his words.

Similarly, a city that does not have elders does not serve as a haven, for it is written: "The elders of that city."

Halacha 7

When a killer was exiled to a city of refuge, and the inhabitants of the city desire to show him honor, he should tell them: "I am a killer."

If they say, "We desire to honor you regardless," he may accept the honor from them.

Halacha 8

A person who was exiled to a city of refuge should never leave his city of refuge, not even to perform a mitzvah or to deliver testimony - neither testimony involving monetary matters, nor testimony involving a capital case. He should not leave even if he can save a life by delivering testimony, or he can save a person from gentiles, from a river, from a fire or from an avalanche. This applies even if he is a person like Yoav ben Tz'ruyah, upon whom the salvation of the entire Jewish people may depend. He should never leave the city of refuge until the death of the High Priest. If he departs, he has allowed for his death, as explained.

Halacha 9

When it is said that a killer may return after the death of the High Priest, the intent is a High Priest anointed with the anointing oil, one who assumed his office through wearing his vestments, one who performs the service of a High Priest, and one who was removed from his office. When any of these four die, a killer may return from his city of refuge.

When, by contrast, a priest anointed to lead the nation in war dies, a killer may not return, for this priest is considered to be an ordinary priest.

Halacha 10

The following individuals are exiled and never return from their exile:

a) a person who was sentenced to exile at a time when the office of High Priest was not filled;

b) a person who killed a High Priest unintentionally and there was no other High Priest; or

c) a High Priest who killed unintentionally and there was no other High Priest.

Halacha 11

If, however, the killer was sentenced, but the High Priest died before the killer was actually exiled, he is not required to go into exile.

If before the killer was sentenced, the High Priest dies, and another High Priest was appointed in his stead, and then the sentence of exile was delivered, the killer returns after the death of the second High Priest, the one in whose term of office he was sentenced.

Halacha 12

If a killer was sentenced and it was discovered that the High Priest was the son of a divorcee or the son of a woman who underwent chalitzah, the High Priesthood is negated. It is as if he were sentenced without there having been a High Priest; he may never leave his city of refuge.

Halacha 13

When a killer returns to his city after the death of the High Priest, he is considered to be an ordinary citizen. If the blood redeemer slays him, the blood redeemer should be executed, for the killer has already gained atonement through exile.

Halacha 14

Although the killer has gained atonement, he should never return to a position of authority that he previously held. Instead, he should be diminished in stature for his entire life, because of this great calamity that he caused.

Halacha 15

Although a person who intentionally injures his father is liable to be executed by the court just like a person who kills another person, if a person unintentionally injured his parents, he is not liable for exile. For the Torah prescribed exile only for a person who unintentionally killed another man, as we have stated.

~~~~~~~

Hayom Yom:

• Monday, Cheshvan 17, 5704 ~ 21 October 2013 ~~ Tuesday, Cheshvan 18, 5774 ~ 22 October 2013

Monday, Cheshvan 17, 5704

Torah lessons:

Chumash: Chayei Sara, Sheini with Rashi.

Tehillim: 83-87.

Tanya: Now, it is (p. 573) ...waters of lustration..." (p. 575).

Time must be guarded. It is urgent to "accept the yoke of Torah." Every bit of time, every day that passes, is not just a day but a life's concern. Days go by; as the Talmud says (Yerushalmi Berachot 1:1), "A day enters and a day departs, a week enters etc.,... a month etc.,... a year etc.,..." My father quoted the Alter Rebbe: A summer day and a winter night are a year.

Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.

Tuesday, Cheshvan 18, 5704

Torah lessons:

Chumash: Chayei Sara, Shlishi with Rashi.

Tehillim: 88-89.

Tanya: XXIX. "A woman of (p. 575) ...210 and 229. (p. 577).

(At this point there appears in the Hebrew text emendations of Torah Or on this week's sedra, meaningful only in Hebrew. Translator).

Compiled and arranged by the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, of righteous memory, in 5703 (1943) from the talks and letters of the sixth Chabad Rebbe, Rabbi Yosef Yitzchak Schneersohn, of righteous memory.

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Daily Thought:

Home

A home is more than a house,
it is a state of being.

A home provides space and shelter,
not just for bodies, but for the human spirit.

Who creates this space?
Mainly the woman.

As it says, “A woman’s wisdom builds her home.”

Wisdom, Not Hammers

“A home,” wrote Solomon the Wise, “is built with wisdom.”

And not with a hammer.

Because wisdom is the glue of beauty. Wisdom, meaning the ability to step back and see all of the picture, the past and, most important, the future to which all this leads. To see the truth inside each thing.

Without wisdom, there are only fragments. With wisdom, there is a whole. And there is peace between all the parts of that whole.

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