Monday, October 28, 2013

Today in Judaism ~ Today is: Tuesday, Cheshvan 25, 5704 ~ 29 October 2013 ~~ Wednesday, Cheshvan 26, 5774 ~ 30 October 2013


Today in Judaism ~ Today is: Tuesday, Cheshvan 25, 5704 ~ 29 October 2013 ~~ Wednesday, Cheshvan 26, 5774 ~ 30 October 2013
Daily Study:
Chitas and Rambam for today:
Chumash with Rashi: Parshat Toldot, 3rd Portion (Genesis 26:13-26:22) & Parshat Toldot, 4th Portion (Genesis 26:23-26:29)
Chapter 26
13. And the man became great, and he grew constantly greater until he had grown very great.
יג. וַיִּגְדַּל הָאִישׁ וַיֵּלֶךְ הָלוֹךְ וְגָדֵל עַד כִּי גָדַל מְאֹד:
he had grown very great: For they would say,“Rather the manure of Isaac’s mules than Abimelech’s silver and gold” (Gen. Rabbah 64:7).
כי גדל מאד: שהיו אומרים זבל פרדותיו של יצחק ולא כספו וזהבו של אבימלך:
14. And he had possessions of sheep and possessions of cattle and much production, and the Philistines envied him.
יד. וַיְהִי לוֹ מִקְנֵה צֹאן וּמִקְנֵה בָקָר וַעֲבֻדָּה רַבָּה וַיְקַנְאוּ אֹתוֹ פְּלִשְׁתִּים:
and much production: Heb. וַעִבֻדָּה רַבָּה, much activity, in Old French ouvrene (enterprises). עִבוֹדָה means one job, whereas עִבֻדָּה means much production.
ועבדה רבה: פעולה רבה, בלשון לע"ז אובריינ"א [מכלול העבודות] עבודה משמע עבודה אחת, עבודה משמע פעולה רבה:
15. And all the wells that his father's servants had dug in the days of Abraham his father the Philistines stopped them up and filled them with earth.
טו. וְכָל הַבְּאֵרֹת אֲשֶׁר חָפְרוּ עַבְדֵי אָבִיו בִּימֵי אַבְרָהָם אָבִיו סִתְּמוּם פְּלִשְׁתִּים וַיְמַלְאוּם עָפָר:
the Philistines stopped them up: Because they said,“They are a danger to us due to the armies that will come upon us.” [Onkelos renders:] טְמוּנוּן פְּלִשְׁתָּאֵי an expression of stopping up, and in the language of the Talmud,“stops up (מְטַמְטֵם) the heart.”
סתמום פלשתים: מפני שאמרו תקלה הם לנו מפני הגייסות הבאות עלינו. טמונין פלשתאי לשון סתימה, ובלשון משנה (פסחים מב א) מטמטם את הלב:
16. And Abimelech said to Isaac, "Go away from us, for you have become much stronger than we."
טז. וַיֹּאמֶר אֲבִימֶלֶךְ אֶל יִצְחָק לֵךְ מֵעִמָּנוּ כִּי עָצַמְתָּ מִמֶּנּוּ מְאֹד:
17. And Isaac went away from there, and he encamped in the valley of Gerar and dwelt there.
יז. וַיֵּלֶךְ מִשָּׁם יִצְחָק וַיִּחַן בְּנַחַל גְּרָר וַיֵּשֶׁב שָׁם:
in the valley of Gerar: far from the city.
בנחל גרר: רחוק מן העיר:
18. And Isaac again dug the wells of water which they had dug in the days of his father, Abraham, and the Philistines had stopped them up after Abraham's death; and he gave them names like the names that his father had given them.
יח. וַיָּשָׁב יִצְחָק וַיַּחְפֹּר | אֶת בְּאֵרֹת הַמַּיִם אֲשֶׁר חָפְרוּ בִּימֵי אַבְרָהָם אָבִיו וַיְסַתְּמוּם פְּלִשְׁתִּים אַחֲרֵי מוֹת אַבְרָהָם וַיִּקְרָא לָהֶן שֵׁמוֹת כַּשֵּׁמֹת אֲשֶׁר קָרָא לָהֶן אָבִיו:
And Isaac again dug: [Meaning] the wells that they had dug in the days of his father Abraham and that the Philistines had stopped up-before Isaac traveled from Gerar, he went back and dug them.
וישב ויחפר: הבארות אשר חפרו בימי אברהם אביו. ופלשתים סתמום, מקודם שנסע יצחק מגרר חזר וחפרן:
19. And Isaac's servants dug in the valley, and they found there a well of living waters.
יט. וַיַּחְפְּרוּ עַבְדֵי יִצְחָק בַּנָּחַל וַיִּמְצְאוּ שָׁם בְּאֵר מַיִם חַיִּים:
20. And the shepherds of Gerar quarreled with Isaac's shepherds, saying, "The water is ours"; so he named the well Esek, because they had contended with him.
כ. וַיָּרִיבוּ רֹעֵי גְרָר עִם רֹעֵי יִצְחָק לֵאמֹר לָנוּ הַמָּיִם וַיִּקְרָא שֵׁם הַבְּאֵר עֵשֶׂק כִּי הִתְעַשְּׂקוּ עִמּוֹ:
Esek: Contention.
עשק: ערער:
because they had contended with him: They engaged with him about it with strife and contention.
כי התעשקו עמו: נתעשקו עמו עליה במריבה וערעור:
21. And they dug another well, and they quarreled about it also; so he named it Sitnah.
כא. וַיַּחְפְּרוּ בְּאֵר אַחֶרֶת וַיָּרִיבוּ גַּם עָלֶיהָ וַיִּקְרָא שְׁמָהּ שִׂטְנָה:
Sitnah: nuysemant in Old French (harm, wrong, injury).
שטנה: נוישימונ"ט [נזק]:
22. And he moved away from there, and he dug another well, and they did not quarrel over it; so he named it Rehoboth, and he said, "For now the Lord has made room for us, and we will be fruitful in the land."
כב. וַיַּעְתֵּק מִשָּׁם וַיַּחְפֹּר בְּאֵר אַחֶרֶת וְלֹא רָבוּ עָלֶיהָ וַיִּקְרָא שְׁמָהּ רְחֹבוֹת וַיֹּאמֶר כִּי עַתָּה הִרְחִיב יְהֹוָה לָנוּ וּפָרִינוּ בָאָרֶץ:
and we will be fruitful in the land: Heb. וּפָרִינוּ בָאָרֶץ, as the Targum translates it: וְנִיפוּשׁ בְּאַרְעָא,“and we will be fruitful in the land.”
ופרינו בארץ: כתרגומו ונפוש בארעא: 
Chapter 26
23. And he went up from there to Beer sheba.
כג. וַיַּעַל מִשָּׁם בְּאֵר שָׁבַע:
24. And the Lord appeared to him on that night and said, "I am the God of Abraham, your father. Fear not, for I am with you, and I will bless you and multiply your seed for the sake of Abraham, My servant."
כד. וַיֵּרָא אֵלָיו יְהֹוָה בַּלַּיְלָה הַהוּא וַיֹּאמֶר אָנֹכִי אֱלֹהֵי אַבְרָהָם אָבִיךָ אַל תִּירָא כִּי אִתְּךָ אָנֹכִי וּבֵרַכְתִּיךָ וְהִרְבֵּיתִי אֶת זַרְעֲךָ בַּעֲבוּר אַבְרָהָם עַבְדִּי:
25. And he built an altar there, and he called in the name of the Lord, and he pitched his tent there, and Isaac's servants dug a well there.
כה. וַיִּבֶן שָׁם מִזְבֵּחַ וַיִּקְרָא בְּשֵׁם יְהֹוָה וַיֶּט שָׁם אָהֳלוֹ וַיִּכְרוּ שָׁם עַבְדֵי יִצְחָק בְּאֵר:
26. And Abimelech went to him from Gerar, and a group of his companions and Pichol, his general.
כו. וַאֲבִימֶלֶךְ הָלַךְ אֵלָיו מִגְּרָר וַאֲחֻזַּת מֵרֵעֵהוּ וּפִיכֹל שַׂר צְבָאוֹ:
and a group of his companions: Heb. וַאִחֻזַת מֵרֵעֵהוּ, as the Targum renders: וְסִיעַת מֵרַחִמוֹהִי, a group of his friends [the “mem” meaning“of”](Gen. Rabbah 64:9). Some interpret that in the word מֵרֵעֵהוּ, the “mem” is [part of] the root of the word, like (Jud. 14:11):“the thirty companions” (מֵרֵעִים) of Samson, in order that the word וַאִחֻזַת should be in the construct state [i.e., the group of his friends]. However, it is not polite to speak of royalty in this manner, i.e.,“his group of companions,” because this would imply that he brought his entire group of companions, and that he had only one group of companions. Therefore, it should be interpreted in the previous manner, [i.e., that אִחֻזַת is not construct]. And do not be puzzled about the letter“thav” of אִחֻזַת. Although the word is not in the construct state, there are similar cases in Scripture (Ps. 60:13):“help against the adversary” עֶזְרָת מִצָּר (Isa. 51: 21):“drunk, but not from wine” (וּשְׁכֻרַת וְלֹא מִיָּיִן). 
ואחזת מרהו: כתרגומו וסיעת מרחמוהי, סיעת מאוהביו. ויש פותרין מרעהו מ' מיסוד התיבה, כמו (שופטים יד יא) שלשים מרעים דשמשון, כדי שתהיה תיבת ואחוזת דבוקה, אבל אין דרך ארץ לדבר על המלכות כן סיעת אוהביו, שאם כן כל סיעת אוהביו הוליך עמו ולא היה לו אלא סיעה אחת של אוהבים, לכן יש לפותרו כלשון הראשון. ואל תתמה על תי"ו של ואחוזת ואף על פי שאין התיבה סמוכה, יש דוגמתה במקרא (תהלים ס יג) עזרת מצר, (ישעיה נא כא) ושכורת ולא מיין:
a group: Heb. אִחֻזַת, an expression of a gathering or a band [of people] who are held (שֶׁנֶאֱחָזִין) together.
אחזת: לשון קבוצה ואגודה שנאחזין יחד:
27. And Isaac said to them, "Why have you come to me, since you hate me, and you sent me away from you?"
כז. וַיֹּאמֶר אֲלֵהֶם יִצְחָק מַדּוּעַ בָּאתֶם אֵלָי וְאַתֶּם שְׂנֵאתֶם אֹתִי וַתְּשַׁלְּחוּנִי מֵאִתְּכֶם:
28. And they said, "We have seen that the Lord was with you; so we said: Let there now be an oath between us, between ourselves and you, and let us form a covenant with you.
כח. וַיֹּאמְרוּ רָאוֹ רָאִינוּ כִּי הָיָה יְהֹוָה | עִמָּךְ וַנֹּאמֶר תְּהִי נָא אָלָה בֵּינוֹתֵינוּ בֵּינֵינוּ וּבֵינֶךָ וְנִכְרְתָה בְרִית עִמָּךְ:
And they said,"We have seen: Heb. רָאו ֹרָאִינוּ, [a double expression meaning:] We saw it regarding your father; we saw it regarding you. [From Gen. Rabbah 64:10]
ראו ראינו: ראינו באביך ראינו בך:
Let there now be an oath between us, etc.: Let the oath that has existed between us from the days of your father be now also between us and you. [From Targum Onkelos]
תהי נא אלה בינותינו וגו': האלה אשר בינותינו מימי אביך, תהי גם עתה בינינו וביניך:
29. If you do [not] harm us, as we have not touched you, and as we have done with you only good, and we sent you away in peace, [so do] you now, blessed of the Lord."
כט. אִם תַּעֲשֵׂה עִמָּנוּ רָעָה כַּאֲשֶׁר לֹא נְגַעֲנוּךָ וְכַאֲשֶׁר עָשִׂינוּ עִמְּךָ רַק טוֹב וַנְּשַׁלֵּחֲךָ בְּשָׁלוֹם אַתָּה עַתָּה בְּרוּךְ יְהֹוָה:
we have not touched you: when we said to you, “Go away from us.”
לא נגענוך: כשאמרנו (לעיל פסוק טז) לך מעמנו:
you: You too, (other editions: now too) do to us likewise.
אתה: גם אתה עשה עמנו כמו כן: 
~~~~~~~
Daily Tehillim: Psalms Chapter 119
Verses 1-96
David composed this prominent psalm in alphabetical sequence-eight verses for each letter. Every verse contains one of the following words (referring to different aspects of Torah): Way; Torah; Testimony; Precept; Commandment; Statement (translated here as Word or Promise); Word; Judgement (or Laws); Righteousness; Statute. Replete with morals and prayers, this psalm should be recited daily, as a powerful preparation for the service of God. (In verses beginning with one of the letters of the mnemonic PeReTZ BeN DaMaH, the word "עדותיך" is pronounced "eidvotecha.")
1. Fortunate are those whose way is artless, who walk with the Torah of the Lord.
2. Fortunate are those who keep His testimonies, who seek Him with all their hearts.
3. Indeed, they have not done iniquity; they walk in His ways.
4. You have commanded Your precepts to be observed diligently.
5. My wish is that my ways be directed to keep Your statutes.
6. Then I will not be ashamed, when I behold all Your commandments.
7. I will give thanks to You with uprightness of heart, when I learn Your righteous judgments.
8. I will keep Your statutes; do not utterly forsake me
9. How can a young man keep his way pure? By observing Your word.
10. With all my heart I have sought You; do not let me stray from Your commandments.
11. I have harbored Your word in my heart, that I might not sin against You.
12. Blessed are You, O Lord; teach me Your statutes.
13. With my lips I have declared all the judgments of Your mouth.
14. I have rejoiced in the way of Your testimonies, as I would with all riches.
15. I will speak of Your precepts, and gaze upon Your ways.
16. I will delight in Your statutes; I will not forget Your word.
17. Deal kindly with Your servant, that I may live to keep Your word.
18. Unveil my eyes, that I may behold wonders from Your Torah.
19. I am a sojourner on earth; do not hide Your commandments from me.
20. My soul is crushed with a longing for Your judgments every moment.
21. You have rebuked the accursed scoffers, those who stray from Your commandments.
22. Remove insult and contempt from me, for I have kept Your testimonies.
23. Though princes sat and spoke against me, Your servant speaks of Your statutes.
24. Indeed, Your testimonies are my delight; they are my counsellors.
25. My soul cleaves to the dust; revive me in accordance with Your word.
26. I have spoken of my ways, and You answered me; teach me Your statutes.
27. Make me understand the way of Your precepts, and I will speak of Your wonders.
28. My soul drips away out of grief; sustain me according to Your word.
29. Remove from me the way of falsehood, and graciously endow me with Your Torah.
30. I have chosen the way of faith; Your judgments have I laid before me.
31. I held fast to Your testimonies, O Lord; put me not to shame.
32. I will run on the path of Your commandments, for You will broaden my heart.
33. Teach me, O Lord, the way of Your statutes, and I will keep it to the last.
34. Grant me understanding and I will keep Your Torah; I will observe it with all my heart.
35. Direct me in the path of Your commandments, for that is my desire.
36. Incline my heart to Your testimonies, and not to greed.
37. Avert my eyes from seeing vanity; by Your ways give me life.
38. Fulfill for Your servant Your promise, which brings to the fear of You.
39. Remove my shame which I fear, for Your judgments are good.
40. Behold, I have longed for Your precepts; give me life in Your righteousness.
41. And let Your kindness come to fruition for me, O Lord, Your salvation as You promised.
42. I will offer a retort to those who taunt me, for I trust in Your word.
43. Do not at all remove the word of truth from my mouth, for I hope [to fulfill] Your judgments.
44. I will keep Your Torah continually, for ever and ever.
45. And I will walk in spacious paths, for I seek Your precepts.
46. I will speak of Your testimonies before kings, and I will not be ashamed.
47. And I will delight in Your commandments, which I love.
48. I will lift up my hands to Your commandments, which I love, and I will speak of Your statutes.
49. Remember the word [promised] to Your servant, by which You gave me hope.
50. This is my comfort in my affliction, for Your word has given me life.
51. [Though] the wicked ridicule me severely, I have not strayed from Your Torah.
52. When I remember Your judgments of old, O Lord, I take comfort.
53. Trembling seized me because of the wicked, those who forsake Your Torah.
54. Your statutes have been my songs in the house of my wanderings.
55. At night I remembered Your Name, O Lord, and I kept Your Torah.
56. All this came to me because I kept Your precepts.
57. The Lord is my portion; I pledged to keep Your words.
58. I pleaded before You with all my heart: have compassion upon me according to Your word.
59. I contemplated my ways, and returned my feet to Your testimonies.
60. I hurried and did not delay to keep Your commandments.
61. Bands of wicked men plundered me, [but] I did not forget Your Torah.
62. At midnight, I rise to thank You for Your righteous judgments.
63. I am a friend to all who fear You, and to those who keep Your precepts.
64. Your kindness, O Lord, fills the earth; teach me Your statutes.
65. You have dealt goodness to Your servant, O Lord, in accord with Your promise.
66. Teach me the goodness and wisdom of the [Torah's] reasons, for I believe in Your commandments.
67. Before I afflicted myself, I would blunder; but now I observe Your word.
68. You are good and benevolent; teach me Your statutes.
69. The wicked have smeared me with lies, [when in truth] I keep Your precepts with all my heart.
70. Their hearts grew thick as fat; but as for me, Your Torah is my delight.
71. It is for my good that I was afflicted, so that I might learn Your statutes.
72. The Torah of Your mouth is better for me than thousands in gold and silver.
73. Your hands have made me and prepared me; grant me understanding, that I may learn Your commandments.
74. Those who fear You will see me and rejoice, because I hoped in Your word.
75. I know, O Lord, that Your judgments are just; righteously have You afflicted me.
76. Let Your kindness be my comfort, as You promised to Your servant.
77. Let Your mercies come upon me, that I may live, for Your Torah is my delight.
78. Let the scoffers be shamed, for they have maligned me with falsehood; but I will meditate upon Your precepts.
79. May those who fear You return to me, and those who know Your testimonies.
80. May my heart be perfect in Your statutes, so that I not be shamed.
81. My soul longs for Your salvation; I hope for Your word.
82. My eyes long for Your promise, saying, "When will You comfort me?”
83. Though I became [dried out] like a wineskin in smoke, I did not forget Your statutes.
84. How many are the days of Your servant? When will You execute judgment upon my pursuers?
85. The wicked have dug pits for me, in violation of Your Torah.
86. All Your commandments teach truth, [yet] they pursue me with lies, help me!
87. They nearly consumed me upon the earth, but I did not forsake Your precepts.
88. As befits Your kindness, grant me life, and I will keep the testimony of Your mouth.
89. Forever, O Lord, Your word stands firm in the heavens.
90. Your faithfulness persists for all generations; You established the earth, and it stands.
91. They stand ready today [to execute] Your judgments, for all are Your servants.
92. Had Your Torah not been my delight, I would have perished in my affliction.
93. Never will I forget Your precepts, for through them You have sustained me.
94. I am Yours; save me, for I have sought Your precepts.
95. The wicked hope to destroy me, but I meditate upon Your testimonies.
96. To every goal I have seen a limit, but Your commandment is immensely broad.
Verses 97-176

97. O how I love Your Torah! All day it is my discussion.
98. Your commandments make me wiser than my enemies, for they are ever with me.
99. From all my teachers I have gained wisdom, for Your testimonies are my discussion.
100. I will be more perceptive than elders, because I have guarded Your precepts.
101. I have restrained my feet from every evil path, that I might keep Your word.
102. I have not turned away from Your judgments, for You have instructed me.
103. How sweet are Your words to my palate, [sweeter] than honey to my mouth!
104. From Your precepts I gain understanding, therefore I hate every path of falsehood.
105. Your word is a lamp to my feet and a light to my path.
106. I have sworn-and I will fulfill it-to keep Your righteous judgments.
107. I am afflicted to the extreme; grant me life, O Lord, according to Your promise.
108. Accept with favor, O Lord, the offerings of my lips, and teach me Your laws.
109. My soul is in danger always, yet I have not forgotten Your Torah.
110. The wicked laid a snare for me, yet I have not strayed from Your precepts.
111. I have taken Your testimonies as an eternal heritage, for they are the joy of my heart.
112. I have inclined my heart to perform Your statutes, forever, to the last.
113. I despise vain thoughts, but I love Your Torah.
114. You are my refuge and my shield; I place hope in Your promise.
115. Turn away from me, you evildoers, and I will keep the commandments of my God.
116. Support me according to Your promise, and I will live; let me not be shamed because of my hope.
117. Sustain me, and I will be saved, and I will be engrossed in Your statutes always.
118. You trample all who stray from Your statutes, for their ploy is a lie.
119. You have purged all the wicked of the earth like dross, therefore I love Your testimonies.
120. My flesh bristles from fear of You, and I am in awe of Your judgments.
121. I practiced justice and righteousness; leave me not to my oppressors.
122. Guarantee Your servant goodness; let not the wicked exploit me.
123. My eyes long for Your salvation, and for the word of Your righteousness.
124. Treat Your servant according to Your kindness, and teach me Your statutes.
125. I am Your servant; grant me understanding, that I may know Your testimonies.
126. It is time to act for the Lord; they have abrogated Your Torah.
127. Therefore I love Your commandments more than gold, even fine gold.
128. Therefore I affirmed all Your precepts; I have hated every path of falsehood.
129. Your testimonies are wondrous, therefore does my soul guard them.
130. Your opening words illuminate, enlightening the simple.
131. I opened my mouth and swallowed, because I craved Your commandments.
132. Turn to me and favor me, as is [Your] law for those who love Your Name.
133. Set my steps in Your word, and let no iniquity rule over me.
134. Deliver me from the oppression of man, and I will keep Your precepts.
135. Let Your face shine upon Your servant, and teach me Your statutes.
136. My eyes shed streams of water, because they do not keep Your Torah.
137. Righteous are you, O Lord, and Your judgments are upright.
138. You commanded Your testimonies in righteousness and great faithfulness.
139. My zeal consumes me, because my enemies have forgotten Your words.
140. Your word is very pure, and Your servant cherishes it.
141. I am young and despised, yet I do not forget Your precepts.
142. Your righteousness is an everlasting righteousness, and Your Torah is truth.
143. Trouble and anguish have taken hold of me, yet Your commandments are my delight.
144. Your testimonies are righteous forever; give me understanding, that I may live.
145. I call out with all my heart; answer me, O Lord; I will keep Your statutes.
146. I call out to You; save me, and I will observe Your testimonies.
147. I rose before dawn and cried out; my hope is in Your word.
148. My eyes preceded the night watches, that I may discuss Your word.
149. Hear my voice in keeping with Your kindness; O Lord, grant me life as is Your practice.
150. Those who pursue mischief draw near; they are far from Your Torah.
151. You are near, O Lord, and all Your commandments are truth.
152. From the beginning I discerned from Your testimonies that You had established them forever.
153. Behold my affliction and deliver me, for I have not forgotten Your Torah.
154. Wage my battle and redeem me; grant me life for the sake of Your word.
155. Salvation is far from the wicked, for they seek not Your statutes.
156. Your mercies are great, O Lord; grant me life as is Your practice.
157. My pursuers and my enemies are many, yet I did not turn away from Your testimonies.
158. I saw traitors and I quarreled with them, because they do not keep Your words.
159. Behold how I love Your precepts; grant me life, O Lord, according to Your kindness.
160. The beginning of Your word is truth, and forever are all Your righteous judgements.
161. Princes have pursued me without cause, but it is Your word my heart fears.
162. I rejoice at Your word, like one who finds abundant spoil.
163. I hate falsehood and abhor it, but Your Torah I love.
164. Seven times a day I praise You, because of Your righteous judgments.
165. There is abundant peace for those who love Your Torah, and there is no stumbling for them.
166. I hoped for Your salvation, O Lord, and I performed Your commandments.
167. My soul has kept Your testimonies, and I love them intensely.
168. I have kept Your precepts and Your testimonies, for all my ways are before You
169. Let my prayer approach Your presence, O Lord; grant me understanding according to Your word.
170. Let my supplication come before You; save me according to Your promise.
171. My lips will utter praise, for You have taught me Your statutes.
172. My tongue will echo Your word, for all Your commandments are just.
173. Let Your hand be ready to help me, for I have chosen Your precepts.
174. I long for Your salvation, O Lord, and Your Torah is my delight.
175. Let my soul live, and it will praise You, and let Your judgment help me.
176. I have gone astray like a lost sheep; seek out Your servant, for I have not forgotten Your commandments.
~~~~~~~
Tanya: Iggeret HaKodesh, Epistle 31 & Iggeret HaKodesh, Epistle 32
Tuesday, Cheshvan 25, 5704 ~ 29 October 2013 ~~ Wednesday, Cheshvan 26, 5774 ~ 30 October 2013
Iggeret HaKodesh, Epistle 31
Interdependence and brotherly love among Jews strike far deeper than the visible interpersonal plane. Indeed, if they are lacking, the pain is felt by the Shechinah itself, the Divine Presence. For the Divine Presence is the heart of the Jewish people, who themselves constitute the organs. A deep-seated organic disorder that affects the circulatory system, affects the entire body, including even the heart itself.
נודע בשערים
Well known at the gates1
The previous Epistle opened with the phrase, “It is well known...,” because it cited a widely-known statement from the Talmud. Here, however, the Alter Rebbe opens with a more esoteric quotation from the Zohar, which is well known only in more scholarly circles, among those who sit at the city gates, for this was where judges and scholars traditionally used to congregate.
מה שכתוב בתיקונים, דשכינתא איהי מרעא בגלותא, כביכול
is the statement in the Tikkunim2 that the “Shechinah is ailing in the exile,” as it were.
פירוש, על דרך משל: כמו חולי הגוף, המבדיל בין קדש וכו׳
This [anthropomorphism] draws a comparison with a physical ailment, distinguishing, [of course,] between the holy [and the mundane];3 i.e., bearing in mind the utter disparity between a physical ailment and the state metaphorically described as an “ailment” of the Shechinah.
שסיבת החולי והבריאות היא התפשטות והילוך החיות מהלב אל כל האברים
The cause of illness or health lies in the distribution and flow of the life-force from the heart to all the organs,
המלובשת בדם הנפש היוצא מהלב אל כל האברים
[this life-force] being vested in the blood of life which flows from the heart to all the organs;
וסובב סובב הולך הרוח חיים והדם
and the spirit of life and the blood4 circulates all around
תוך תוך כל האברים, על ידי הגידים המובלעים בהם
into all the limbs, through the veins5 that are embedded in them,
וחוזר אל הלב
and returns to the heart.
ואם סיבוב והילוך הרוח חיים הלז הוא כהלכתו תמידי, כסדרו המסודר לו מחיי החיים, ברוך הוא
Now, if the circulation and flow of this spirit of life is always as it should be, in its proper order as arranged for it by the Fountainhead of Life,
אזי האדם בריא בתכלית
then the individual is perfectly healthy.
כי כל האברים מקושרים יחד, ומקבלים חיותם הראוי להם מהלב, על ידי סיבוב הלז
For all the limbs are bound together and receive their appropriate vitality from the heart through this circulation.
אך אם יש איזה קלקול באיזהו מקומן, המונע ומעכב או ממעט סיבוב והילוך הדם עם הרוח חיים המלובש בו
But should there be any disorder in any place, restraining, hindering or reducing the circulation and flow of the blood with the spirit of life vested in it,
אזי נפסק או מתמעט הקשר הלז, המקשר כל האברים אל הלב על ידי סיבוב הלז
then this bond — which connects all the limbs with the heart by means of this circulation — is severed (which would extinguish life), or diminished,
ואזי נופל האדם למשכב וחולי, ה׳ ישמרנו
in which case the individual will fall ill and sick (May G‑d protect us!).
The interconnection of all the organs with the heart, thus also impacts on the heart itself.
וככה ממש, על דרך משל, הנה כל נשמות ישראל נקראים בחינת אברי דשכינתא
Precisely so, metaphorically speaking, all the souls of Israel are regarded as the organs of the Shechinah,6
הנקראת בשם לב, כמו שכתוב: צור לבבי, וכמו שכתוב: ושכנתי בתוכם
which is called the “heart”, as it is written,7 “The Rock, My Heart”;8 and as it is written,9 “And I will dwell within them.”
פירוש
The meaning (of this comparison between the Shechinah and the heart that supplies all the organs with blood) is:
כי לשון שכינה הוא, שאור הוי׳ שוכן בעולמות בריאה יצירה עשיה, להחיותם
The10 term Shechinah, deriving as it does from the verb לשכון (“to rest” or “to dwell”), denotes that the light of G‑d abides in the Worlds of Beriah, Yetzirah and Asiyah, in order to endow them with life.
והמשכת חיות זה היא על ידי התלבשות תחלה בנשמות ישראל
This life-force is drawn forth by means of a prior investment in the souls of Israel.
לפי שכל הנבראים, אין ערוך להם אל הבורא יתברך
[This is so] because none of the created beings stand in any comparable relation to the Creator;
דכולא קמיה כלא ממש חשיבין
for11 “all that are before Him are esteemed as truly naught.”
ואי אפשר להם לקבל חיות מאורו ושפעו יתברך
Thus it is impossible for them to receive life-force from His light and effluence,
להיות נבראים מאין ליש, וחיים וקיימים
to become created beings ex nihilo into substantiality, and to be living and subsisting,
כי אם על ידי הנשמות
except by means of the souls.
The Divine light is first drawn down into the Jewish souls, and thereafter into the rest of creation.
The blessings which we recite follow the same order: “...our G‑d, King of the universe.” It is by His first becoming “our G‑d,” whereby the Divine life-force flows into the Jewish people, that He then becomes “King of the universe.”
שעלו במחשבה
[For it is the Jewish souls] that rose in His thought, i.e., their source is in His thought,
וקדמו לבריאת עולמות, שעל ידי בחינת הדבור
and thus preceded the creation of the worlds, which came about through [Divine] Speech.
Mortal thought is internal and personal, inasmuch as it serves the individual himself, whereas speech is external, its purpose being to communicate with others. So, too, Jewish souls derive from the internal aspect of G‑dliness, while the rest of creation derives from the external aspect. And in order that the Divine life-force be drawn down into the worlds, which represent an external level of creation, it must first be drawn into Jewish souls, the internal level of creation.
כמאמר רז״ל: במי נמלך הקב״ה וכו׳
Thus our Sages, of blessed memory, said:12 “With whom did the Holy One, blessed be He, take counsel [concerning the creation of the worlds? — With Jewish souls],”
כנודע במקום אחר
as is known from elsewhere.
Jewish souls are thus so superior to the created worlds that G‑d took counsel with them about the very creation of the worlds.
* * *
The above discussion relates only to the drawing down of Divine vitality from the Shechinah into the created worlds, which parallels the emanation of the spirit of life from the heart and its diffusion throughout the entire body.
The Alter Rebbe will now go on to explain the second aspect of this analogy — how the spirit of life returns to the heart from the other organs. In the analogue likewise, the G‑dly life-force within the worlds pulsates in an ongoing dual dynamic called ratzo vashov (“advance and retreat”): the G‑dly life-force is first drawn downward, from the Shechinah to the worlds, and then it returns to its source, as a result of the Torah study and the spiritual service of created beings.
ונודע בשערים
And it is well known at the gates13
כי כל המשכת החיות וההשפעה מעליונים לתחתונים מהם
that every downflow of [Divine] life-force and [all] effluence from the upper worlds to the worlds which are lower than them,
הן כמו שכתוב בספר יצירה: נעוץ תחלתן בסופן, וסופן בתחלתן
are as stated in the Sefer Yetzirah:14 “Their beginning (i.e., the beginning of the uppermost levels of creation) is wedged in their culmination (i.e., in the nethermost part of the lowest level of creation), and their culmination is wedged in their beginning.”
ובכתבי האריז״ל, מכונה בשם אור ישר ואור חוזר
In the writings of R. Isaac Luria, of blessed memory, this [dual direction] is referred to as Or Yashar (“direct light”) and Or Chozer (“reflected light”), i.e., light reflected upwards from the lower level back to the upper;
וכמו שכתוב: והחיות רצוא ושוב
as it is also written,15 “And the Chayot were advancing and retreating,” first proceeding away from their Source and then retreating to it.
The above verse refers to the holy Chayot (“creatures”) of the Divine Chariot. The Kabbalah explains that this is an allusion to the Divine life-force of all worlds and created beings: it first emanates from its Source and then returns to it. I.e., not only is the Divine life-force drawn from the Shechinah down into creation, but it also returns from created beings back to its original Source.
אשר על כן, על פי הדברים והאמת האלה, אשר אי אפשר לבאר היטב במכתב
Thus, according to these words and this truth, which is impossible to explain properly in writing,
נקראת השכינה בשם לב, והנשמות בשם אברים
the Shechinah is referred to as the “heart”, and the souls as “organs”.
להורות לנו, כי כאשר כל הנשמות דבוקות ומקושרות יחד
This teaches us that when all the souls are attached and bound together,
אזי סיבוב והילוך החיות וההשפעה סובב סובב
the circulation and flow of the life-force and of the effluence from the Shechinah to the worlds and from the worlds back to the Shechinah is continuous,
ונעוץ סופן בתחלתן, לקשר ולחבר כולן להוי׳ אחד, ולדבקה בו יתברך
and “their culmination is wedged in their beginning,” thus binding and joining them all — all the souls, and through them all the worlds — to the One G‑d, so that they will cleave to Him.
וכמו שכתוב: אתם נצבים היום כולכם לפני הוי׳ אלקיכם
Thus it is written,16 “You are standing firm this day, all of you, before the L‑rd your G‑d (Havayah Elokeichem).”
כולכם דייקא, ולפני דייקא
The verse specifies “all of you,” i.e., a situation in which all Jews stand united together. Moreover, it specifies “before”, implying that this togetherness enables all Jews to relate to Divinity at the level at which the Name Havayah precedes and transcends its subsequent self-imposed descent to become Elokeichem, the life-force that empowers souls.
This can take place only when there is a sense of unity between all the levels which the above verse goes on to enumerate:
ראשיכם כו׳ מחוטב עציך כו׳
“Your heads...” (i.e, those with the loftiest souls), “from the hewer of your wood...” (i.e., those of more modest spiritual stature).
The Alter Rebbe elaborates on this unity between unequals in Likkutei Torah, at the beginning of Parshat Nitzavim.
ובזה יובן מאמר רז״ל, כי חורבן בית שני ונפילת ישראל בגלות
This will clarify the teaching of our Sages,17 of blessed memory, that the destruction of the Second Temple and the fall of Israel into exile,
והסתלקות השכינה וירידתה לאדום, בבחינת גלות, כביכול
and the withdrawal of the Shechinah and its descent to Edom, into a state of exile, as it were, for when the Jews are exiled, so too is the Shechinah,18
הכל היה בעון שנאת חנם ופירוד לבבות, רחמנא ליצלן
— all this was because of the sin of groundless hatred [between one Jew and another] and dissension between their hearts (May the Merciful One save us!).
ולכן נקראת חולה, על דרך משל
And this is why [the Shechinah] is referred to metaphorically as ailing (in times of exile, as quoted above).
ומה שכתוב: סומך נופלים ורופא חולים, לשון רבים
As for19 the phrases [in the Amidah], “He supports those who are fallen and heals those who are sick,” in plural form — although reference is being made to the Shechinah,
הם כל האברים וכו׳
this alludes to all the organs....
The plural form includes the souls which are the “organs of the Shechinah,” inasmuch as they are animated by it; they, too, are in ailing health, and they, too, are supported and healed.
FOOTNOTES
1.Note of the Rebbe: “See Metzudat David on Mishlei 31:23.”
2.Note of the Rebbe: “Tikkunei Zohar 25; see there at length.”
3.From the Havdalah (Siddur Tehillat HaShem, p. 234), paraphrasing Vayikra 10:10.
4.Note of the Rebbe: “I.e., ‘and the spirit of life which is vested within [the blood]...,’ as is soon explained.”
5.The phrase in the current editions (“and the veins”) is emended here according to the Luach HaTikkun of the Rebbe.
6.Zohar III, 17a.
7.Tehillim 73:26.
8.Translated according to Shir HaShirim Rabbah 5:2.
9.Shmot 25:8.
10.Note of the Rebbe: “See Tanya, ch. 41; et al.”
11.Zohar I, 11b.
12.See Ruth Rabbah, sec. 2; Bereishit Rabbah 8:7.
13.Note of the Rebbe: “See Metzudat David on Mishlei 31:23.”
14.1:7.
15.Yechezkel 1:14.
16.Devarim 29:9.
17.Yoma 9b.
18.Megillah 29b (as quoted in Ein Yaakov); cf. Tanya, ch. 17.
19.The phrase in the current editions (“As it is written...”) is emended here to “As for...,” according to the Luach HaTikkun of the Rebbe. The closing statement of the Epistle is thus presented in the classic Rabbinic style of question and answer, whereby a possible difficulty is anticipated and solved.
Iggeret HaKodesh, Epistle 32
Just as the Alter Rebbe opened the first Epistle in this series1 with a blessing — occasioned by the good news that most of the chassidic congregations had completed their annual study of the Talmud — so, too, this final Epistle begins with a blessing.
Evidently, this blessing too was occasioned by good news — that the Alter Rebbe’s chassidim had organized the collection of charity for the Holy Land faithfully and efficiently, with a lively gabbai tzedakah appointed in each town or congregation to rouse his brethren to action. The Alter Rebbe therefore extends his blessings both to the donors and to the gabbaim, explaining meanwhile in mystical terms why generosity is at its best when it is spontaneously aroused by one’s own spiritual endeavors.
The Rebbe indicates in a letter, that the first and final Epistles of Iggeret HaKodesh are also connected, in that both of them laud the service of prayer when it is undertaken with proper intent.
The first speaks of “devout concentration during prayer from the depths of the heart...to the extent of pressing out the soul.” As explained there, this fortifies the mind that meditates upon G‑d’s greatness, while fanning man’s love and awe of G‑d. This final Epistle speaks of “an arousal of the love of G‑d when reading the Shema, cleaving to Him and surrendering one’s soul at Echad, and [loving G‑d] ‘with all [his] wealth,’ in the literal sense.”
When this inspiration crystallizes into practical expression in this material world here below, the resultant tzedakah is of the finest, for it is born of one’s own labors in the service of prayer.
ברך ה׳ חילם, ופועל ידם ירצה
May2 G‑d bless your3 effort and favor the work of your hands,
The above blessing, which Moses gave the Tribe of Levi, is understood by our Sages4 to refer to the service in the Holy Temple. As to the period of exile, when the Beit HaMikdash has not yet been rebuilt, Avot deRabbi Natan states5 that tzedakah and acts of lovingkindness bring about the same atonement as was effected by the Temple service. This may well explain why the Alter Rebbe chooses this particular verse as the text of the blessing that he offered to those who give tzedakah.
לרצון להם לפני ה׳ תמיד
so that you may be accepted before G‑d at all times.6
With this addition the Alter Rebbe apparently implies that though his readers’ tzedakah amounts to no more than a fifth of their earnings, this fifth nevertheless elevates the whole of their income to G‑d, as explained above in Tanya, ch. 34. In this way, not only the effort expended in earning the funds set aside for tzedakah, but with it the entire “work of their hands,” becomes “accepted before G‑d at all times.”
כה יתן וכה יוסיף ה׳, לאמץ לבם בגבורים
So may G‑d ever continue to grant you [His blessings], to fortify your hearts amongst the valiant.7
This sentence would tend to connect this Epistle with the good news the Alter Rebbe received from his chassidim with regard to the giving of tzedakah. Hence his blessings that G‑d should further strengthen them in a practice whose performance requires one to be valiant, in the spirit of the teaching,8 “Who is valiant? — He who conquers his evil inclination”; i.e., he who gives even more than he desires to give.
ונדיב על נדיבות יקום
And he that is generous stands over generous things,9
This paraphrase evidently means that the public-spirited catalyst who motivates others to give is even more praiseworthy than those who actually give.
להיות גדול המעשה, בכל עיר ומנין
to be “great” by causing others to act, in every city and congregation, for10 “He who causes another to act is greater than the doer.”
ותחשב לו לצדקה
This will be accounted as his act of tzedakah.
ועל העושה נאמר: צדקתו עומדת לעד
And of him who does [the deed], it is said,11 “His tzedakah stands forever.”
עומדת, לשון נקבה: שמקבל התעוררות לבו הטהור מגדול המעשה
[The verb] omedet (“stands”) is of feminine gender, which suggests a recipient, because [this donor] receives the [charitable] arousal of his pure heart from him who is “great, by causing others to act.”
Had he been roused to give tzedakah of his own accord, he would have been considered a true “giver”.
אף על פי כן, עומדת לעד
Nevertheless, [his tzedakah] “stands forever.”
פירוש: שכל הצדקה והחסד שישראל עושין בעולם הזה, מנדבת לבם הטהור
This means: All the acts of charity and kindness that Jews perform in this world, out of the generosity of their pure hearts,
הן הנה חיות וקיימות בעולם הזה הגשמי עד זמן התחייה
are alive and they endure in this physical world until the time of the Resurrection.
שאז זמן גילוי אלקות ואור אין סוף ברוך הוא, מבחינת סובב כל עלמין, בעולם הזה
For that will be the time of the manifestation of Divinity and of the [infinite] Ein Sof-light, from the level of sovev kol almin, in this world,
This degree of spiritual illumination, which transcends (lit., “encompasses”) all created worlds, will be fully revealed in this world at the time of the Resurrection.
וכמו שכתוב באריכות במכתב דאשתקד
as explained at length in last year’s letter.12
וצריך להיות כלי ומכון, להתלבש בו אור אין סוף ברוך הוא
But there needs to be a vessel and an abode wherein the [infinite] Ein Sof-light can vest itself,
כמו הגוף לנשמה, על דרך משל
just as the body is [a vessel] to the soul, metaphorically speaking.
כמו שכתוב: הלא כה דברי כאש
Thus it is written:13 “For My word is like fire”;
מה אש אינה מאירה בעולם הזה, אלא כשנאחזת ומתלבשת בפתילה כו׳
just as fire does not radiate in this world except when it is attached to and vests itself in a wick..., so, too, if Divinity is to illuminate this world, it too must be able to to attach itself to something in this world which, like a wick, will be wholly subjugated to the Divine flame and consumed by it,
כמו שכתוב במקום אחר
as explained elsewhere.14
והגוף והכלי לאורו יתברך, היא מדת החסד ונדיבת הלב
The body and the vessel for G‑d’s light is the attribute of kindness and the generosity of the heart,
ליתן ולהשפיע חיות, למאן דלית ליה כו׳
whereby one gives and effuses vitality to him who has nothing [of his own].
Generosity with a smile, empathy with the pauper, — this is the vessel for G‑d’s infinite light.
כמו שכתוב בתיקונים: וכמה גופין תקינת לון
Thus it is stated in the Tikkunim,15 “And You have prepared many bodies for [the illuminations of the Sefirot],
ואתקריאו בתיקונא דא: חסד, דרועא ימינא
and they are described in the following manner: Chesed — the right arm,”
Just as Chesed is the Supernal “right arm,” so too is man’s corresponding attribute of kindness the appropriate vessel for revelations and benefactions from that source.
וכל הגוף נכלל בימין
Moreover, the entire body is included in the right side, which is its mainstay.
וכך אמר הפייט: לבושו צדקה
Thus too wrote the liturgical poet:16 “His garment is tzedakah.”17
Tzedakah, unqualified, is the garment which garbs and screens the entire Supernal “Body”, thereby enabling mortals here below to receive the infinite revelation of Divinity.
וזהו שאמרו רז״ל: אין צדקה משתלמת אלא לפי חסד שבה
This is the meaning of what our Sages, of blessed memory, said:18 “Charity is recompensed only according to the kindness within it,
שנאמר: זרעו לכם לצדקה, קצרו לפי חסד
as it is written,19 ‘Sow for yourselves for tzedakah, reap according to the kindness.’”
Why is tzedakah is alluded to as “sowing” and its reward as “reaping”?
שהקציר הוא גילוי הזריעה הטמונה בארץ
For a harvest is the manifestation of the seed hidden in the soil.
וכך הוא הצדקה והחסד שישראל עושין בזמן הגלות: היא טמונה ונסתרת עד זמן התחיה, שיתלבש ויאיר אור אין סוף ברוך הוא בעולם הזה הגשמי
It is likewise with the charity and kindness that Jews perform in the time of exile: it [too] is hidden and concealed until the time of the Resurrection, when the [infinite] Ein Sof-light will vest itself and radiate in this physical world.
This ultimate vestiture and revelation thus resembles the harvest of tzedakah.
Moreover, as the Alter Rebbe now explains, G‑d’s vestiture and revelation at the time of the Resurrection resembles and even surpasses His vestiture and revelation within the vessels of the Sefirot in the World of Atzilut.
ואיהו וגרמוהי חד הם, בחינת הכלים דעשר ספירות דאצילות
For “He is one with His causations”,20 i.e., with the kelim (lit., “vessels”) of the Ten Sefirot of Atzilut: they are utterly fused with the infinite light that is revealed in them, as explained above in Epistle XX.21
וכל שכן וקל וחומר, אור אין סוף ברוך הוא, הסובב כל עלמין מלמעלה מעלה מבחינת אצילות
Thus, how much more so, with regard to the [infinite] Ein Sof-light which encompasses all worlds (sovev kol almin) from far higher than the level of Atzilut.
If the vessel that receives the lower degree of illumination that permeates Atzilut is wholly one with the light that shines into it, then the vessel that receives an infinitely higher degree of illumination must surely be wholly one with it — absorbing and integrating this illumination within itself. This latter vessel is tzedakah.
ולפיכך נקראת צדקה, לשון נקבה
This is why [charity] is called tzedakah, [a noun] of feminine gender,
צדקתו עומדת לעד
[in the above-quoted phrase,] “his tzedakah stands forever.”
Correspondingly, the verb here translated “stands” (or “endures”) is omedet, also in the feminine form — which, it will be recalled, puts tzedakah in the light of a recipient.
שמקבלת הארה מאור אין סוף, הסובב כל עלמין, המתלבש בתוכה בעולם הזה הגשמי, בזמן התחיה
For it receives a radiation from the [infinite] Ein Sof-light that encompasses all worlds, which vests itself in it (and is revealed in it) in this physical world at the time of the Resurrection.
Not only is the feminine gender used because (as explained earlier) a donor may receive his motivation from another, but also because tzedakah itself is a feminine recipient: it is man’s vessel or receptor for the transcendent light of G‑d.
אבל: צדק לפניו יהלך, הוא לשון זכר
However, the verse,22 “Tzedek shall go before him,” is in the masculine gender, both the noun (tzedek) and its matching verb (yehaleich).
היא מדת החסד המתעוררת בלב האדם מעצמו
This refers to the attribute of kindness that is aroused in a man’s heart of his own accord, not through another’s inspiration,
על ידי התעוררות אהבת ה׳ בקריאת שמע, ולדבקה בו ולמסור נפשו באחד
through an arousal of the love of G‑d when reading the Shema,23 cleaving to Him and surrendering his soul at Echad, i.e., as he completes that verse, “...G‑d is One”;
ובכל מאדך כפשוטו וכו׳
[loving G‑d] “with all your wealth,” in the literal sense24...
I.e., the individual’s love and surrender to G‑d inspire him to give tzedakah.
ובאתערותא דלתתא
And as a result of [this] arousal from below —
וכמים הפנים לפנים, כן לב אדם העליון כו׳
for25 as waters reflect face to face, so is the heart of the Supernal Man [that is “upon the throne”] —
אתערותא דלעילא
there is an arousal from above.
הוא המשכת אור אין סוף ברוך הוא, הסובב כל עלמין, למטה מטה בעולם הזה הגשמי בבחינת גילוי, בזמן התחיה
This is [expressed as] a manifest downward flow of the [infinite] Ein Sof-light that encompasses (i.e., transcends) all worlds, down to the nethermost level of this physical world, at the time of the Resurrection,
כמבואר במכתב דאשתקד באריכות
as explained at length in last year’s letter.26
Charity inspired by a person’s avodah during prayer is thus called tzedek, a noun of masculine gender, suggesting emanation and provision — for it gives forth and elicits the transcendent light of sovev kol almin. Moreover, as the Alter Rebbe will soon explain, this kind of unsolicited charity draws down the innermost essence of this light. When, however, one’s giving has to wait for another man’s inspiration, such tzedakah remains a recipient, a mere receptor or vessel for a mere glimmer of the light of sovev kol almin.
וזהו: לפניו יהלך
And this is the [mystical] meaning of [two of the words from the above-quoted verse],27 “[Tzedek] shall go before him.”
The verb yehaleich, here translated “shall go,” in fact appears in this verse in the causative mode: “shall cause to go”; i.e., “shall lead.”
The word lefanav, here translated “before him,” stems from the root panim, meaning “face” or “countenance”.
שמוליך וממשיך פנים העליונים מלמעלה מהאצילות, עד עולם העשיה
Hence: Tzedek leads and elicits the Supernal Countenance, the most essential and inward aspect of the Divine light, drawing it from higher than [the World of] Atzilut, down to the World of Asiyah.
* * *
וכעת עת לקצר, וכל טוב מהם לא יבצר
But let’s close; quite enough I’ve prepared you, and may no kind of blessing be spared you.
הטיבה ה׳ לטובים, ולישרים בלבותם
“Do good, O G‑d, to the good, and to those who are upright in their heart”28 — bless those who donate generously to tzedakah, and also those whose generous intentions are forced to remain unrealized.
כנפש תדרשנו
Such is the prayerful wish of him who seeks [your welfare].29
Addendum
The Rebbe once explained in a talk that the Alter Rebbe’s statement in the above Epistle, that the spiritual effects of tzedakah are drawn down into this physical world at the present time as well, is truly novel. Generally, Chassidut explains that the performance of mitzvot draws the Divine light downward into the World of Atzilut. The parable offered (see Sefer HaMaamarim 5627, p. 433; Sefer HaMaamarim 5629, p. 209) thus describes the reward for mitzvot as being kept in Atzilut within a chest, so to speak, whose key is in the possession of the individual who performed the mitzvah.
This flow of Divine light is incapable of descending into this world — “There is no reward in this world for a mitzvah”30 — for this finite and material world cannot receive the reward that comes from the transcendent level of Divinity called sovev kol almin.
Here, however, the Alter Rebbe states explicitly that “all the acts of charity and kindness that Jews perform in this world, out of the generosity of their pure hearts, are alive and they endure in this physical world until the time of the Resurrection.” Moreover, the Alter Rebbe specifies “in this physical world,” as opposed to the spiritual source of this world. In addition, when he states that the acts of charity “are alive,” how does this term apply in our context?
The Rebbe explains this by citing the following exegesis of the Maggid of Mezritch31 on the verse,32 “You shall observe my statutes and commandments that one is to do and live in them.”
The operative commandments draw down spiritual life-force only when a mitzvah has been actually performed. To consider the tzitzit, for example: Only when a person has used its threads in the performance of the commandment, are all the sublime levels of Divinity drawn downward into the physical world; only then are this person’s thoughts, speech and action (relative to the tzitzit) united; only then do all the laws of tzitzit and all the appropriate Torah passages apply.
The same is true with regard to all the other operative commandments as well. The Maggid concludes that this is the meaning (at the non-literal level of derush) of vechai bahem — “you shall live in them”: every individual Jew draws down spiritual life into the mitzvot he performs.
The above teaching of the Maggid gave the Tzemach Tzedek a fresh insight into a statement with which the Sages extrapolate Moses’ entreaty to be allowed to enter the Holy Land:33 “Let me enter the Land so that all of [the mitzvot] will be fulfilled through me.” The request was not “...so that I will be able to perform the mitzvot,” but rather, “...so that all of [the mitzvot] will be fulfilled and animated through me.” For the commandments are alive and they endure only when a Jew actually performs them.
In this light, the Rebbe concludes, we can understand the above teaching of the Alter Rebbe, that “all the acts of charity and kindness that Jews perform in this world, out of the generosity of their pure hearts, are alive and they endure in this physical world until the time of the Resurrection.”
FOOTNOTES
1.See above, Vol. IV, p. 1.
2.Cf. Devarim 33:11.
3.See above, Epistle 27, Part (a), footnote 7.
4.Pesachim 22b.
5.4:5.
6.Cf. Shmot 28:38.
7.Cf. Amos 2:16.
8.Avot, beginning of ch. 4.
9.Cf. Yeshayahu 32:8.
10.Bava Batra 9a; the key word המעשה (vocalized patach-sheva-patach-segol) does not mean “the action” but “he who causes another to act.”
11.Tehillim 111:3.
12.Epistle XVII (above), in Vol. IV, p. 298.
13.Yirmeyahu 23:29.
14.Tanya, ch. 53.
15.In the Introduction to Tikkunei Zohar which begins Patach Eliyahu; see Siddur Tehillat HaShem, p. 125.
16.In the hymn which begins Atah Hu Elokeinu, recited during the Shemoneh Esreh on Rosh HaShanah and Yom Kippur; see (e.g.) Machzor for Rosh HaShanah with English Translation (trans. Rabbi Nissen Mangel; Kehot, N.Y., 1983), p. 98. The word tzedakah means both “charity” and “righteousness”.
17.Note of the Rebbe: “Cf. Epistle III, above.”
18.Sukkah 49b.
19.Hoshea 10:12.
20.Etz Chayim, Shaar 47, ch. 12, et al.
21.See above, Vol. IV, p. 357 ff.
22.Tehillim 85:14.
23.Devarim 6:4; Siddur Tehillat HaShem, p. 46.
24.Berachot 54a.
25.Cf. Mishlei 27:19; the original verse speaks of the heart of one man to another.
26.Epistle XVII (above), in Vol. IV, p. 298.
27.Tehillim 85:14.
28.Tehillim 125:4.
29.Cf. Eichah 3:25.
30.Kiddushin 39b.
31.Likkutei Amarim by the Maggid, sec. 227 in Kehot editions.
32.Vayikra 18:5.
33.Sotah 14a.
~~~~~~~
• Rambam: Sefer Hamitzvos:
Daily Mitzvah
N251 & N251
Negative Commandment 251 (Digest)
Hurtful Words
"You shall not wrong one another and you shall fear your G‑d"—Leviticus 25:17.
It is forbidden to verbally distress or humiliate another.
Examples:
If a person has sinned in his youth and then repented, one may not tell him, "Thank G‑d who has taken you away from that path to this good path!" or similar indirect references to his earlier faults that may cause him pain.
[If a person is suffering from illness, one may not say (as Job's friends did), "Has anyone perished who was totally innocent?"
If you see people who seek to purchase grain, do not tell them that they can obtain it by a certain person, who in reality has nothing to sell.
Do not enter a store and ask, "How much does this item cost?" when you have no intention to make a purchase.]
Our Sages taught that hurtful words are, in fact, a graver sin than defrauding another of money.
The 251st prohibition is that we are forbidden from verbally wronging another person by telling him things that will distress and humiliate him, and make him discouraged.1 For example, when a person has sinned in his youth, but changed his ways, and someone tells him, "Thank G‑d who has taken you away from that path to this good path," or similar indirect references to faults that cause him pain.
The source of this prohibition is G‑d's statement2 (exalted be He), "V'lo sonu one another and you shall fear your G‑d." Our Sages3 said that this refers to verbally causing him pain (ona'as devarim). 4
In the words of the Sifra, "The verse 'V'lo sonu one another' refers to ona'as devarim. What does this mean? If the person is a baal teshuvah, do not tell him, 'Remember your previous deeds...'; if there was illness...[do not say as Job's friends did, 'has anyone perished who was totally innocent?']; if you see donkey drivers...[who are seeking grain to buy, do not say that they can obtain it by a certain person, who in reality has nothing to sell and the drivers will be disappointed]; do not ask, 'how much does this cost?' [when you don't intend to make a purchase, since it will cause disappointment to the seller]."
Our Sages said,5 "Ona'as devarim is more serious than ona'as mamon, since regarding the former, the Torah says, 'and you shall fear your G‑d.'"6
The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.
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.Literally, "make him unable to encourage himself."
2.Lev. 25:17.
3.Bava Metzia 58b.
4.Causing verbal pain, as opposed to ona'as mamon, which is cheating someone financially. See N250.
5.Bava Metzia 58b.
6.From this statement it is obvious that ona'as devarim is a distinct mitzvah, not just a subcategory of ona'as mamon.
Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Negative Commandment 251 (Digest)
Hurtful Words
"You shall not wrong one another and you shall fear your G‑d"—Leviticus 25:17.
It is forbidden to verbally distress or humiliate another.
Examples:
If a person has sinned in his youth and then repented, one may not tell him, "Thank G‑d who has taken you away from that path to this good path!" or similar indirect references to his earlier faults that may cause him pain.
[If a person is suffering from illness, one may not say (as Job's friends did), "Has anyone perished who was totally innocent?"
If you see people who seek to purchase grain, do not tell them that they can obtain it by a certain person, who in reality has nothing to sell.
Do not enter a store and ask, "How much does this item cost?" when you have no intention to make a purchase.]
Our Sages taught that hurtful words are, in fact, a graver sin than defrauding another of money.
The 251st prohibition is that we are forbidden from verbally wronging another person by telling him things that will distress and humiliate him, and make him discouraged.1 For example, when a person has sinned in his youth, but changed his ways, and someone tells him, "Thank G‑d who has taken you away from that path to this good path," or similar indirect references to faults that cause him pain.
The source of this prohibition is G‑d's statement2 (exalted be He), "V'lo sonu one another and you shall fear your G‑d." Our Sages3 said that this refers to verbally causing him pain (ona'as devarim). 4
In the words of the Sifra, "The verse 'V'lo sonu one another' refers to ona'as devarim. What does this mean? If the person is a baal teshuvah, do not tell him, 'Remember your previous deeds...'; if there was illness...[do not say as Job's friends did, 'has anyone perished who was totally innocent?']; if you see donkey drivers...[who are seeking grain to buy, do not say that they can obtain it by a certain person, who in reality has nothing to sell and the drivers will be disappointed]; do not ask, 'how much does this cost?' [when you don't intend to make a purchase, since it will cause disappointment to the seller]."
Our Sages said,5 "Ona'as devarim is more serious than ona'as mamon, since regarding the former, the Torah says, 'and you shall fear your G‑d.'"6
The details of this mitzvah are explained in the 4th chapter of tractate Bava Metzia.
FOOTNOTES
1.Literally, "make him unable to encourage himself."
2.Lev. 25:17.
3.Bava Metzia 58b.
4.Causing verbal pain, as opposed to ona'as mamon, which is cheating someone financially. See N250.
5.Bava Metzia 58b.
6.From this statement it is obvious that ona'as devarim is a distinct mitzvah, not just a subcategory of ona'as mamon.
~~~~~~~
  • Rambam ~ 1 Chapter a day: Parah Adummah Chapter 1 & Parah Adummah Chapter 2
Chapter 1
HILCHOT PARAH ADUMAH
The Laws of the Red Heifer
Included in this text are two positive commandments. They comprise the following:
1) the laws of the red heifer;
2) the laws of the impurity and purity brought about by the water used for the sprinkling of its ashes.
These mitzvot are explained in the ensuing chapters.
Halacha 1
The commandment involving the red heifer is to offer such an animal in its third or fourth year of life. If it is older, it is acceptable, but we do not wait for it to age longer, lest its hairs become black.
The Jewish community does not purchase a calf and raise it, for Numbers 19:2 states: "And you shall take unto yourselves a heifer," i.e., a heifer, not a calf. If only a calf was found, a price is established for it and it should remain in its owner's possession until it matures and becomes a cow. It should be purchased with money from the Temple treasury.
Halacha 2
The Torah's description of this heifer as "perfect" means "perfectly red," not perfect in stature. Even if it is dwarfsize, it is acceptable, as is the law regarding other sacrifices. If it had two white hairs or black hairs growing from one follicle or from two cavities and they are lying on top of each other, it is unacceptable.
Halacha 3
If there were two hairs, their roots reddish and their heads blackish, or their roots blackish and their heads reddish, their status follows the roots entirely. One should cut off the blackish head with scissors. He need not be concerned about the prohibition against shearing consecrated animals, because his intention not to shear.
Halacha 4
Enough of the red hair must remain so that it can be pulled out by tweezers. For if a hair is not large enough to be pulled out by tweezers, it is considered as if it does not exist. Therefore if there were two white or black hairs that are so small that they cannot be pulled out by tweezers, it is acceptable.
Halacha 5
If its horns or hooves are black, they may be cut off and it is acceptable. The color of the eyeballs, the teeth, and the tongue do not disqualify a heifer.
Halacha 6
If it had an abnormal growth of another color and one cut it off, even though red hair grew in its place, it is unacceptable.
Halacha 7
All of the physical blemishes that disqualify sacrificial animals, also disqualify a red heifer, for the prooftext cited above states: "Which does not possess a blemish." If the heifer was born by Caesarian section, was exchanged for a dog, was a present given a prostitute, was treifah, or had been sodomized, it is unacceptable. For any factor that invalidates a sacrificial animal for the altar invalidates the red heifer even though it is considered only as consecrated for the upkeep of the Temple, for Scripture has called it a sin-offering. It is permitted to purchase a red heifer from a gentile. We do not suspect that the gentile sodomized it, for he would not destroy the value of his animal.
There is a more severe element to the red heifer than to animals consecrated as sacrifices: work disqualifies it, for Numbers 19:2 states: "upon which a yoke was never placed." Now concerning a calf whose neck is broken, Deuteronomy 21:3 states: "With which no work was performed and which was not led with a yoke." Just as with regard to the yoke mentioned in connection with this calf, the Torah equated other labor with a yoke, so too, with regard to the red heifer, other forms of labor also disqualify it like a yoke does. There is, however, a greater stringency that applies with regard to a yoke. A yoke disqualifies the heifer whether it was placed upon it during work or not during work and other forms of labor disqualify it only when work was actually performed.
What is implied? If one tied a yoke upon it, it is disqualified even if one did not plow with it. If one placed it in a threshing team, it is not disqualified unless it actually threshed. Similar principles apply in analogous situations.
If one rode upon it, leaned upon it, hung on to its tail, crossed a river using it for support while swimming, folded its lead rope on top of it, placed his garment on it, placed a covering of sacks on it, it is disqualified. If one tied it with a rope because it was rebellious and required to be safeguarded, it is acceptable. If not, it is disqualified, for any safeguarding that is unnecessary is a burden.
If one shod its hooves so that it would not slip or spread his garment over it to protect it from flies, it is acceptable. This is the general principle: If anything is done for its own needs, it remains acceptable. If it is performed for another purpose, it is disqualified.
When work was performed with it as a matter of course or a yoke was placed over it as a matter of course, if the owner is pleased, it is disqualified. The rationale is that the verse above states: "With which no work was performed." The implication is that if work was performed with it and the owner would be satisfied, it is as if he performed work with it. Therefore, if a bird rested upon it, it is acceptable. If a male mounted it, it is unacceptable. Needless to say, a pregnant heifer is unacceptable.
If one placed it among a team of animals and it threshed grain on its own accord, it remains acceptable. If he placed it among the team so that it would nurse and thresh, it is disqualified, for he is satisfied that the work is performed. Similar laws apply in all analogous situations.
Halacha 8
When a disqualifying factor invalidates a red heifer, it should be redeemed. Similarly, if it dies, it should be redeemed so that its hide can be used. This, however, should not be done in order to feed its meat to the dogs.
Halacha 9
If it was slaughtered to be used as an ordinary animal, it should be redeemed and it does not bring about atonement. If it was slaughtered on top of the arrangement of wood set up for burning it, it can never be redeemed.
Halacha 10
If a red heifer was purchased and then one found a more attractive one, the first may be redeemed even if it does not have a blemish.
Halacha 11
Even an ordinary priest is acceptable to perform the burning of the red heifer, as Numbers 9:3 states: "And you shall give it to Elazar, the priest." At that time, Aaron was still alive. According to the Oral Tradition, it was taught: That red heifer was offered by Elazar. The remainder of the red heifers could be offered either by a High Priest or an ordinary priest.
Halacha 12
The person offering the red heifer should wear the four garments of an ordinary priest. This applies whether it was offered by an ordinary priest or a High Priest.
Halacha 13
All of those who were involved in the offering of the red heifer from the beginning to the end who had immersed that day are acceptable for the services associated with the red heifer, to consecrate the water used for sprinkling, and for sprinkling its ashes even though they did not wait until the nightfall after their immersion. The rationale is that the term "a pure man" used throughout that passage refers to one who is pure with regard to partaking of the second tithe, even though he is not pure with regard to partaking of terumah until nightfall. Such a person is pure with regard to the red heifer.
Halacha 14
The Sadducees would say that the offering of the red heifer was acceptable only when those bringing it had waited until nightfall after immersion. Therefore in the Second Temple, the court would cause the priest who burned the red heifer to become ritually impure through contact with the carcass of a crawling animal or the like. He would immerse and then offer the red heifer to nullify the words of these brazen ones who issue rulings according to their whims without basis in the received tradition. Similarly, all of the containers into which the ashes of the red heifer were placed were all immersed that day.
Halacha 15
For the same reason, a person who cuts the stalk of a reed to place the ashes of a red heifer upon it so they can be placed in water to consecrate it for sprinkling, should make it impure, immerse it, and then place the ashes in it. The one who cuts it and the one who immerses it must immerse themselves, because that reed was considered as an entity that came in contact with a corpse on the seventh day of its purification process. Therefore it does not need to have the ashes of the red heifer sprinkled on it. Instead, it is made impure to show the Sadducees that the Oral Tradition should be upheld. It is then immersed and the ashes of the red heifer are placed in it.
Chapter 2
Halacha 1
Extra stringencies were employed with regard to the purity observed in preparation for offering the red heifer and great extremes were taken to keep a distance from the ritual impurity associated with a human corpse in all the activities associated with its offering. The rationale is that since it is acceptable for a person who immersed that day to bring it, our Sages were concerned that people would treat this offering with disdain.
For this reason, when the priest who burns it is isolated, he is isolated to a prepared chamber in the Temple Courtyard. It was called the House of Stone, because all of the utensils in it were stone utensils that do not contract impurity. He would use the stone utensils throughout the seven days that he is isolated. His priestly brethren would not touch him in order to increase his purity.
Halacha 2
For seven days before the burning of the red heifer, the priest who would burn it is isolated from his home, just like the High Priest is isolated for the sake of the service of Yom Kippur. This was received as part of the Oral Tradition from Moses. Similarly, he is isolated from his wife, lest it be discovered that she was a nidah and he be impure for seven days.
Halacha 3
The chamber in which this priest would abide for all these seven days was in the northeast portion of the Temple Courtyard. It was positioned there to remind the priest that the red heifer is like a sin-offering that is slaughtered in the northern portion of the Temple Courtyard, even though the red heifer is slaughtered outside the Temple.
Halacha 4
On every one of the seven days of his isolation, water with the ashes of the red heifer should be sprinkled upon him lest he unknowingly have contracted impurity due to contact with a corpse with the exception of the fourth day of his isolation. That day does not require sprinkling. The rationale is that it is impossible for it to be the third day of his impurity or the seventh day of his impurity. For the sprinkling of the ashes on the seventh day is not considered as the sprinkling of the seventh day unless the ashes were sprinkled on the third day before it. According to law, there is no need to sprinkle the ashes upon him on any days other than the third and the seventh days of isolation. The sprinkling day after day is an extra stringency enacted with regard to the red heifer.
Halacha 5
He would be isolated on Wednesday, so that the fourth day of his isolation would fall on the Sabbath, for the sprinkling of the ashes of the red heifer does not supersede the Sabbath prohibitions, and the fourth day does not require the sprinkling of the ashes.
Halacha 6
On all the days of his isolation when the ashes of the red heifer are sprinkled upon him, the ashes of all the red heifers that were burnt previously were sprinkled on him. If, however, there were only ashes from one red heifer, those ashes are used for all six days.
Halacha 7
When the ashes of the red heifer are sprinkled upon him during the days of his isolation, the sprinkling should be performed by a man who never contracted the ritual impurity stemming from a human corpse. The rationale is that the person sprinkling the ashes must be pure. If one would say: "Let so-and-so, a person who had contracted impurity, but then had the ashes of the red heifer sprinkled upon him, sprinkle the ashes on the priest who will burn the red heifer," that suggestion is not followed. The rationale is that it is possible that the person who sprinkled the ashes upon so-and-so was not pure from the impurity associated with a corpse. Similarly, the utensils that are used to be filled and consecrated to sprinkle on the priest who burns the red heifer were all stone utensils that are not susceptible to ritual impurity. Pregnant women were brought there; they would give birth there, and raise their sons there. When they wanted to sprinkle ashes on the priest who would burn the red heifer, they would bring oxen - because they have ample bellies - and place doors on their backs in their hands and would go to the Shiloach spring. When they reached the Shiloach, the children would descend and fill the cups. We do not suspect that they will contract impurity from a grave in the depths of the earth at the spring, because it is not ordinary practice to bury the dead in streams.
They would ascend and sit on the doors and proceed upward until they reach the Temple Mount. When they reached the Temple Mount, they would descend and proceed on their feet, because the entire area of the Temple Mount and its courtyards was built over a hollow cavity, lest there be a grave in the depths of the earth. of ashes. They would take the ashes and place them on the water in the cups and sprinkle them on the priest who burns the heifer.
The children who would fill the water, would consecrate it with the ashes and sprinkle it on the priest who burns the heifer must immerse in a mikveh. Even though they are pure with regard to the impurity associated with a human corpse, it is possible that they contracted other forms of impurity.
Halacha 8
When a child immersed himself in a mikveh in order to fill pitchers with water and sprinkle it, another child should not fill those containers with water even though he immersed himself.
When a child immersed himself to sprinkle the water of the ashes on one priest, he may not sprinkle the water on another priest until he immerses again for the sake of purifying that priest. Similarly, when utensils or people were purified for the sake of offering one red heifer, they should not become involved in the offering of another red heifer until they immerse themselves for its sake. All of these are extra stringencies required for the offering of the red heifer.
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  • Rambam ~ 3 Chapters: Mechirah Chapter Thirteen, Mechirah Chapter Fourteen, Mechirah Chapter Fifteen & Mechirah Chapter Sixteen, Mechirah Chapter Seventeen, Mechirah Chapter Eighteen
Chapter Thirteen
Halacha 1
When a person exchanges one article for another, or one animal for another, the laws of ona'ah do not apply. This is true even when he exchanges a needle for a necklace, or a lamb for a donkey. This person may desire the needle more than the necklace.
When, however, a person exchanges produce for produce, the laws of ona'ah do apply, regardless of whether the produce is evaluated before the sale or after the sale.
Halacha 2
When a person purchases an article with coins without measuring their number, volume or weight - e.g., he took a handful of coins and said: "Sell me your cow for these" - this is considered an exchange. The transaction is completed, and the unfair gain must be returned, as explained above.
This law also applies if someone purchases fruit without measuring its number, volume or weight for a sela or two. The transaction is completed and the unfair gain must be returned. When a homeowner sells his personal belongings, the laws of ona'ah do not apply. For a man would not sell his personal belongings unless he were offered an exorbitant amount of money.
Halacha 3
Although a person tells a colleague, "We are completing this transaction on the condition that you do not hold me responsible for the unfair gain," the laws of ona'ah apply.
When does the above apply? When the statements are made without being explicit. In such an instance, the other party does not know how much money he is forgoing in favor of his colleague. Needless to say, this is the law when one tells the other: "We are completing this transaction on the condition that there is no ona'ah involved," for ona'ah is involved.
If, however, one explicitly mentions the amount of unfair gain, the laws of ona'ah do not apply, because all conditions that are accepted by both parties are binding in cases of financial law.
Halacha 4
What is implied? If the seller tells the purchaser: "I am selling you this article for 200 zuz although I know it is worth only 100. I am selling it to you on the condition that you do not hold me responsible for the unfair gain," the laws of ona'ah do not apply.
Similarly, if the purchaser tells the seller: "I am purchasing this article from you for a maneh although I know it is worth 200. I am purchasing it from you on the condition that you do not hold me responsible for the unfair gain," the laws of ona'ah do not apply.
Halacha 5
When a person buys and sells in a faithful manner, the laws of ona'ah do not apply.
What is implied? The seller tells the purchaser: "I purchased this article for such and such, and I am making this and this amount of profit," the laws of ona'ah do not apply.
Halacha 6
When a person buys and sells in a faithful manner and purchases many different utensils and garments in one lot, he should not calculate and sell the inferior items in a faithful manner, and the superior items according to their value. Instead, he should sell either the entire lot in a faithful manner, or the entire lot according to its value.
The seller may include the cost of porters, donkey drivers and his lodgings in the cost of the article. He may not, however, add his own wages as a worker to the cost. Instead, he must say: "I am taking this and this amount as profit," and be specific about that amount.
Halacha 7
The laws of ona'ah do not apply with regard to a gentile. This is implied by Leviticus 25:14, which states: "When you sell an entity... or purchase an entity..., one man should not cheat his brother."
If a gentile takes unfair advantage of a Jew, he is required to return the unfair gain according to our laws. Dealings with a gentile should not be more severe than dealings with a fellow Jew.
Halacha 8
The laws of ona'ah do not apply with regard to the following objects: landed property, servants, promissory notes and consecrated property. Even if one sells one of these entities that is worth one thousand zuz for one zuz, or an entity worth one zuz for one thousand zuz, the laws of ona'ah do not apply.This is derived from Leviticus 25:14, which states: "Or when you purchase an entity from the hand of your colleague." "From the hand of indicates that the verse is referring to an article whose ownership is transferred from hand to hand, thus excluding landed property. And this also excludes servants, for an association has been established linking the laws governing them to those governing landed property. It also excludes promissory notes, since one is not purchasing the note itself. It merely serves as proof of the obligation it records.
"Your colleague" excludes consecrated property.
Halacha 9
When does the above apply? When one sells one's own property. When, by contrast, an agent makes the slightest error with regard to the value of either movable property or landed property, the transaction is nullified.
It appears to me that the same laws apply to a guardian entrusted with the property of orphans. If he makes the slightest error with regard to the value of either movable property or landed property, the transaction is nullified. He is not considered comparable to a court, because he is merely one individual.
Halacha 10
The following laws apply when a court sells either movable property or landed property belonging to orphans, and errs. If they erred with regard to less than one sixth of the value of the object, it is considered as if the unfair gain is waived, as is the law with regard to an ordinary person. If they erred with regard to one sixth, the transaction is nullified.
If the court did not desire to nullify the transaction, but instead have the unfair gain returned, they may. For the legal power of an ordinary person should not be greater than that of a court.
Halacha 11
It appears to me that if a court sold landed property or servants belonging to orphans at an unfair price, selling entities worth 100 zuz for 200, the purchaser cannot retract. For the legal power of an ordinary individual should not be greater than that of orphans. Similarly, if a guardian of orphans sells landed property or servants at an unfair profit, the purchaser cannot retract because of the unfair profit, as is the law with regard to an ordinary individual.
Halacha 12
When brothers or partners divide movable property, they are considered like purchasers. If there is unfair gain less than one sixth of the article's value, the transaction is completed, and there is no need to return anything. If the unfair gain exceeds one sixth, the transaction is nullified. If it is an even sixth, the transaction is completed and the unfair gain must be returned.
If the involved parties made an agreement to divide the property according to the evaluation of judges, and the judges erred with regard to a sixth or more, the division is nullified. For when judges who make an evaluation reduce or increase the value of an article by a sixth, the transaction is nullified.
Halacha 13
Livestock, pearls, a sword, and a Torah scroll are considered like other movable property, and the laws of ona'ah apply to transactions involving them. There are no entities in which the laws of ona'ah do not apply, except the four entities mentioned by our Sages. And even with regard to these entities, this is true provided the person is buying or selling his own property, as we have explained.
Halacha 14
Just as the laws of ona'ah do not apply to the purchase of landed property, so too, these laws do not apply to the rental of landed property. Even if one rents a large hall for only one dinar a year, or a small coop for a dinar a day, the laws of ona'ah do not apply.
Halacha 15
When a person hires a worker to work for him - whether with regard to movable property or with regard to landed property - the laws of ona'ah do not apply. It is as if he is purchasing him for that time, and the laws of ona'ah do not apply with regard to servants.
Halacha 16
There is an unresolved doubt in the following situation. A person hires a contractorto sow a field, the contractor claims to have sowed it in a proper manner, and witnesses testify that the contractor sowed fewer seeds than are supposed to be sown. We are unsure whether the laws of ona'ah apply because of the seeds, or whether these laws do not apply because of the land."
Therefore, the funds should not be expropriated from the defendant, nor is he required to take anything but a Rabbinic oath, because of the connection the dispute has to landed property.
Halacha 17
The laws of ona'ah apply with regard to the rental of a utensil or an animal. For rental is considered to be a sale for a day. Thus, if there is an unfair gain of one sixth or more - regardless of whether this unfair gain is taken at the advantage of the owner or the person who rents the article - the unfair gain must be returned. This applies even when a lengthy period of time has passed since the transaction.
Halacha 18
It appears to me that the laws of ona'ah apply with regard to a contractor.
What is implied? A person agreed to weave a particular garment for ten zuzim, or to sew a particular cloak for two zuzim. If there is unfair profit involved, the laws of ona'ah apply. Either the contractor or the owner of the garment may always retract as a seller may.
Chapter Fourteen
Halacha 1
We have already explained that if a person buys and sells in a faithful manner, saying "This is the extent of profit that I am making," the laws of ona'ah do not apply. Even if he says: "I purchased the article for a sela, and I am selling it for ten," this is permitted.
Nevertheless, the court is obligated to regulate prices and appoint officers of the law, so that people at large will not be able to reap whatever profit they desire. Instead, the court should regulate that a person should earn only a profit of a sixth. A seller should not profit more than a sixth of his investment.
Halacha 2
When does the above apply? With regard to articles on which our lives depend - e.g., wine, oil and fine flour. With regard to herbs - e.g., costus, frankincense, and the like - by contrast, a set limit is not established by the court. The seller may take any measure of profit he desires.
Halacha 3
Profit may not be taken twice when selling eggs. The first merchant who sells them may take a profit, and the person who buys them from him must sell them at cost.
Halacha 4
It is forbidden to do business in Eretz Yisrael with articles on which our lives depend. Instead, one person should bring from his produce heap, and another person should bring from his produce heap, so that they sell cheaply. In places where oil is abundant, it is permitted to do business with oil. is
Halacha 5
Produce on which our lives depend should not be stored for the future in Eretz Yisrael or in any place that is predominantly inhabited by Jews, for this causes anxiety for the Jewish people.
When does the above apply? When a person purchases such produce in the market place. When a person stores his own produce, he may store the kav that he possesses.
Halacha 6
It is permitted to store produce during three years: the year before the Sabbatical year, the Sabbatical year and the year following the Sabbatical year.
In a year of drought, one should not store even a small measure of carobs, because one brings a curse on the market prices. Whoever causes prices to rise or who stores produce in Eretz Yisrael or in a place primarily inhabited by Jews is likened to one who lends money at interest.
Halacha 7
When does the above apply? With regard to produce on which our lives depend. It is, however, permitted to store spices like cumin and pepper in Eretz Yisrael and to transport them from place to place like other herbs.
Halacha 8
We may not take produce on which our lives depend - e.g., wine, oil and fine flour - from Eretz Yisrael to the diaspora or to Syria. Nor may such produce be taken from the domain of one king to the domain of another king in Eretz Yisrael.
Halacha 9
The inhabitants of a city are permitted to establish fixed prices for any commodities they desire, even meat and bread. They may establish conditions stating that anyone who violates these guidelines will be punished in such and such a fashion.
Halacha 10
Similarly, craftsmen in a specific profession may establish provisions and agree that one should not work on the day on which another is working or the like, and that anyone who violates these guidelines will be punished in such and such a fashion.
Halacha 11
When does the above apply? In a city where there is not a distinguished sage to correct the conduct within the city and improve the ways of its inhabitants. If, however, there is such a distinguished sage, a condition established by craftsmen is not effective without the ruling of the sage.
They may not punish or inflict loss on anyone who does not accept their stipulation, unless that stipulation was made with the consent of the sage. Whoever causes a colleague a loss because of a stipulation that was not made with the consent of the sage is liable to pay.
Halacha 12
Just as the prohibition against ona'ah applies with regard to business transactions, it applies with regard to speech, as Leviticus 25:17 states: "A person should not abuse his colleague, and you shall fear your God. I am the Lord"; this refers to verbal abuse.
Halacha 13
What is implied? If a person is one who has repented, one should not say: "Remember your initial deeds." If a person is a descendant of converts, one should not tell him: "Remember your ancestors' deeds."
If a convert comes to study the Torah, one should not tell him: "Should a mouth that ate meat from animals that were not ritually slaughtered and that were trefah come and study the Torah that was given by the Almighty?"
If a person was afflicted by illness and suffering or he is forced to bury his children, one should not speak to him in the manner that Job's friends addressed him Job 4:6-7: "Your fear of God was for your own security.... Can you recall anyone who was innocent who perished?"
Halacha 14
If donkey drivers are seeking grain, one should not tell them: "Go to so and so," if one knows that this person has never sold grain.
If a question regarding a point of knowledge was raised, one should not ask a person who has never studied that field of knowledge: "How would you answer this question?" or "What do you think about this matter?" The same applies to other matters of this like.
Halacha 15
Whoever abuses a convert, whether in financial transactions or verbally, transgresses three prohibitions, as Exodus 22:20 states: "Do not abuse a convert..." this refers to verbal abuse- "and do not oppress him" - this refers to taking unfair financial advantage of him.
This teaches that anyone who verbally abuses a convert transgresses three negative prohibitions: "A person should not abuse his colleague," and "One man should not take unfair advantage of his brother," "Do not abuse a convert."
Halacha 16
Similarly, if a person oppresses a convert and takes unfair financial advantage of him, he transgresses three negative prohibitions: "A person should not abuse his colleague," "One man should not take unfair advantage of his brother," and "Do not oppress him."
Halacha 17
Why does a person transgress the prohibition against verbal abuse when he takes unfair financial advantage of a convert, and the prohibition against taking unfair financial advantage if he verbally abuses him? Because the Torah uses the word ona'ah with regard to both these prohibitions, without being more specific, and repeats these two prohibitions with regard to a convert explicitly: "Do not abuse" and "do not oppress him."
Halacha 18
Verbally abusing a person is more severe than taking unfair advantage of him financially. For the latter can be repaid, while the former can never be repaid. The latter involves only the person's possessions, while the former involves his person.
And with regard to verbal abuse, Leviticus 25:17 states: "And you shall fear your God," for the matter is one of feelings. With regard to all matters of feeling, the Torah states: "And you shall fear your God."
Whenever a person cries out because of verbal abuse, he is answered immediately, as implied by the conclusion of the above verse: "...I am God."
Chapter Fifteen
Halacha 1
When a person sells an item to a colleague by measure, by weight or by number, and errs to the slightest degree, the colleague may seek redress at any time.
The principles of ona'ah apply only with regard to an object's value. An error in calculation, by contrast, is always reason to seek redress.
Halacha 2
What is implied? A person sold a colleague 100 nuts for a dinar, and then it was discovered that he gave him 101 or 99. The transaction is binding, and the extra or missing nut must be returned. This applies even if several years have passed.
Similarly, if it is discovered that more or less money was given than the amount originally agreed upon the error should be corrected. This applies even if he performed a kinyan attesting to the fact that his colleague does not owe him anything. For the kinyan was performed under mistaken premises. Similar principles apply in all analogous situations.
Halacha 3
Similarly, when a person sells a colleague landed property, a servant, an animal or movable property, and there is a defect in the property that the purchaser was not aware of, he may return it, even though several years have passed. For the transaction was concluded under erroneous premises.
The above applies provided he did not use the purchased article after he discovered the blemish. If, however, he made use of it after he discovered the blemish, he is considered to have forfeited his right to retract, and he may not return the article.
Halacha 4
We do not evaluate the diminution in value caused by the blemish. Instead, even if one sold a colleague a utensil worth ten dinarim, and a blemish was discovered that reduced its value by an isar the purchaser may return the utensil. The seller may not tell him: "Here is an isar, the decrease in value caused by the blemish." For the purchaser may say: "I desire a perfect article." Conversely, if the purchaser desires that the transaction stand, but seeks to be reimbursed for the diminution in value caused by the blemish, the option is given to the seller. He may tell him: "Either purchase the utensil as is for the full price, or take your money and depart.
Halacha 5
Whenever there is a blemish that the people of a city agree is serious enough to warrant the nullification of a transaction, the article should be returned. Whenever the people agree that a fault is not considered to be a blemish, the article should not be returned unless the purchaser explicitly stated that he refused to accept even the slightest blemish. The rationale is that whenever a person conducts business without making any specific demands, it is assumed that he is following the prevailing customs of the community.
Halacha 6
Whenever a person purchases an article without making any specific statements, it is assumed that he desired to purchase an article that is perfect, without any blemish.
Even if the seller explicitly said: "This article is sold to you on the condition that you do not return it as blemished," the purchaser may nevertheless return the article unless the purchaser says: "I accept any blemish that I will discover in this article although it causes it to be worth such and such less." For when a person waives money that is due him, he must know how much he is waiving and make an explicit statement to that effect, as applies with regard to the laws of ona'ah.
Halacha 7
When a person sells a cow to a colleague and states that it has some blemishes that are obvious and some blemishes that are not obvious, and the cow does not possess any of the blemishes that are obvious, but does possess one of the blemishes that are not obvious, the transaction is considered to have been concluded under erroneous premises. The cow may be returned although the blemish that was discovered was mentioned explicitly. The rationale is that the purchaser will say: "Since I saw that the cow did not possess any of the apparent blemishes that you mentioned, I said to myself: 'In the same manner, it does not have any of the blemishes that are not apparent. Why did the seller mention them? To make me feel good about my purchase.' "
Halacha 8
What is implied? The seller says: "This cow is blind; it is lame; it bites and it crouches suddenly," and it is discovered that the cow only bites or only crouches suddenly, the transaction is considered to have been concluded under erroneous premises.
If the cow possesses all the blemishes the seller mentioned, the transaction is not considered to have been concluded under erroneous premises. Similarly, if the cow is lame but not blind, and it is discovered that it bites, the transaction is not considered to have been concluded under erroneous premises.
Halacha 9
The following rule applies if the seller shows the purchaser a blemish that the cow possesses and tells him: "It has this blemish and also these other blemishes." Although the cow possesses all or several of the non-obvious blemishes that the seller mentioned, the transaction is not considered to have been conducted under false premises.
Halacha 10
Similarly, if a person sells a maidservant to a colleague and says: "She has only one hand; she limps; she is blind; she is a maniac; she is an epileptic," and she does not possess any of the blemishes the seller mentioned, but she is epileptic, the transaction is considered to have been conducted under false premises. The same principles apply in all analogous situations.
Halacha 11
On this basis, I maintain that if a person sells an article to a person for 100 dinarim and tells him: "This article is not worth more than one zuz, and I am selling it to you on the condition that the laws of ona'ah do not apply to me," the laws of ona'ah do apply. For the purchaser will say: "Since I saw the seller say that it was only worth a zuz, I realized that he was only trying to make me feel good about my purchase."The above holds true until the seller explicitly mentions the amount of unfair gain involved in this purchase - or mentions a figure that is close to that, concerning which a person could possibly err. For then we know that the purchaser certainly waived his right to this money.It is fitting to rule according to this logic.
Halacha 12
When a person sells a manservant or a maidservant, the purchaser may not return it because it possesses blemishes that do not prevent the man or woman from working. These blemishes are called simpon. If the simpon was evident, the purchaser saw it at the time of purchase.If it was not always evident - e.g., a mole in its flesh, a scar from a dog-bite or a foul odor coming from the mouth or the nose - he may not return it, for these blemishes do not prevent the servant from working. And servants are not for the purpose of physical intimacy, but to perform work.
Halacha 13
If the servant has extremely uncomfortable boils or a sickness that weakens his strength, or if he is epileptic or insane, it is considered to be a blemish, because this prevents him from working. Similarly, if he has tzara'afi or other conditions that are revolting, it is considered to be a blemish, because a person is repelled by them, and therefore he will not use this servant to serve food or drink.
Similarly, if he is discovered to be an armed robber, this is considered to be a blemish that destroys his entire worth. For the ruling authorities will seize him and execute him.
Similarly, if he has been conscripted by the ruling authorities, this is considered to be a blemish for which the servant can be returned, for the king will seize him to work for him whenever he desires. If, however, the servant is discovered to be a thief, a pilferer, a kidnapper, one who constantly tries to escape, a glutton or the like, the purchaser may not return him unless he explicitly stated that he refused to accept a servant with any of these qualities. For all servants can be assumed to possess these undesirable attributes.
Chapter Sixteen
Halacha 1
The following laws apply when a person sells seeds of garden vegetables to a colleague, when the seeds themselves are not eaten. If the seeds do not grow, the seller is responsible to reimburse him for the money that he took from him. For we can assume that he purchased the seeds to sow them.
The above applies provided that the seeds did not grow because of a problem with the seeds themselves. If, however, the reason they did not grow is that the land was smitten with hail or the like, the seller is not responsible for the loss, for perhaps the reason that the seeds did not grow is the hail. Similar principles apply in all analogous situations.
Halacha 2
If, by contrast, a seller sold seeds that are eaten - e.g., wheat or barley -and the purchaser sowed them, and they did not grow, the seller is not responsible to reimburse the purchaser.Even if he sold him flax seeds, which most people purchase to sow, the seller is not responsible if they are destroyed when they are sown, since there are some who eat these seeds.
If, however, the purchaser notifies the seller that he is purchasing the seeds with the intent of sowing them, the seller is responsible for them. The same applies to objects that are purchased for medicinal purposes or for dyes. Similar principles apply in all analogous situations.
Halacha 3
From the above, we can derive the following law. Whenever a person purchases an item from a colleague and informs him that he intends to transport it to another city to sell it there, and after he transported it there a blemish which nullifies the sale was discovered, the seller may not tell the purchaser: "Bring my article here." Instead, the seller must reimburse the purchaser, and the seller must take the trouble of returning the article to its original place or selling it in the place to which it was transported. Even if the article was lost or stolen after the purchaser notified the seller, it is considered to have been in the seller's domain.
Different laws apply, however, when the purchaser did not tell the seller that he was planning to transport the article to another country and transported it nevertheless. If he then discovered a blemish, the article is considered to be in the domain of the purchaser until he returns it with its blemish to the seller.
Halacha 4
When a person purchases produce and discovers a blemish, and afterwards the article is lost or stolen, the article is considered in the domain of the purchaser until he returns it to the seller. If the produce becomes wormy and is spoiled because-of the length of time it had been kept, it is considered to be in the domain of the seller. If the purchaser realized the difficulty and should have notified the seller, but failed to do so, the produce is considered to be in his domain.
Halacha 5
When a person sells an ox to a colleague and it is discovered to have tendencies to gore, the seller can excuse himself from responsibility by saying: "I sold it to you for the purpose of slaughter."When does the above apply? When the purchaser buys oxen for both slaughter and plowing. If, however, the seller knows that the purchaser purchases oxen only to plow, the transaction is considered to have been conducted under false premises, and it is nullified. The same principles apply in all analogous situations.
Halacha 6
The following rule applies when a person sells an animal to a colleague for slaughter, the purchaser slaughters it, and it is discovered to be trefah. If it can definitely be determined that it had been trefah when it was purchased,the purchaser should return the slaughtered animal, and the seller must return the money.
From this ruling, we can derive the following principles that apply when a seller sells an entity that possesses a blemish, and the purchaser makes another blemish before he discovers the first blemish. If the purchaser creates the blemish in the process of performing an act that would ordinarily be performed - e.g., one who slaughters an animal that is trefah - he is not liable. If, however, he deviates from ordinary practice and makes another blemish before he discovers the first blemish, he should return the article to its owner and reimburse him for the blemish that he made.
Halacha 7
The following rules apply when a person purchases a garment and cuts it with the intent of making a cloak from it. If, because of the cut he made, he discovers a blemish in the fabric, he may return the pieces.
Should he sew the cloak and then discover the blemish in the fabric, he may return it. If he has increased its value, he may collect from the seller the value of the increase his sewing generated. Similar principles apply in all analogous situations.
Halacha 8
The following principles apply when a person sells landed property to a colleague, the purchaser derives benefit from the property, and afterwards discovers a blemish in it. If he desires to return the land to its owners, he must reimburse them for all the benefit that he derived. If it was a courtyard and he dwelled in it, he must pay them rent.
Halacha 9
When a person sells an article with a blemish that is not recognized, and the article that is sold becomes destroyed because of that blemish, the seller must return the money that he received.
Halacha 10
What is implied? A person sold an ox that did not have molars. The purchaser placed that ox together with his cattle, placed food before all of them, and they ate. He did not realize that the ox he had purchased was not eating until it died of starvation.
In such an instance, the purchaser may return the corpse to the seller, who is required to return his money to him. Similar principles apply in all analogous situations.
Halacha 11
Different rules apply if the seller is a broker who purchases from one person and sells to another without keeping the animal in his possession. For this reason, we assume that the broker did not know of the blemish. Therefore, the broker is required to take a Rabbinic oath that he did not know of the blemish, and then he is absolved of responsibility.
The rationale is that the purchaser had the responsibility of checking the ox he purchased independently and returning it to the broker before it died. The broker would then have returned it to the one who sold it to him. Since the purchaser did not do this, he caused himself a loss. Similar principles apply in all analogous situations. 12. The following rules apply when a person slaughters a firstborn animal, sells its meat, and then the purchaser discovers that the seller had not shown it to an expert: What the purchaser ate is not taken into consideration, and the seller is required to return to the purchaser the money he paid. The seller should receive the remainder of the meat from the purchaser and return his money to him.
Similarly, if a butcher slaughters a cow and sells it, and it is discovered that it was trefah, what the purchaser ate is not taken into consideration, and the seller is required to return the purchaser's money to him.The meat that was not eaten should be returned to the butcher, ] and he should return the money to the purchaser.
Halacha 13
If the purchaser sold the meat that was trefah to gentiles, he should come to an understanding with the butcher with regard to the money for the trefah; the butcher should then return the remainder to him. Similar principles apply in all analogous situations.
Halacha 14
When a person sells meat to a colleague and it is discovered to be the meat of a firstborn animal, or he sells produce and it is discovered to be level, or wine and it is discovered to be wine used for idolatry, what the purchaser consumed is not taken into consideration, and the seller is required to return the money he paid to the purchaser.
The same laws apply to any substance from which it is forbidden to partake according to Scriptural Law. This applies both when the prohibition is punishable by karet, or when there is merely an ordinary prohibition involved.
Different rules apply if one sells an object that is forbidden by Rabbinic law to be eaten. If the produce exists, one should return the produce and receive in return the money originally paid. If, however, one ate them, then one has benefited from it, and the seller is not obligated to return anything to the purchaser.
Whenever it is forbidden to benefit from an object - whether by Scriptural or Rabbinic law - the seller must return the money he received.There is no binding legal convention governing such a sale.
Chapter Seventeen
Halacha 1
There are four states applicable with regard to a seller:
a) The seller sold wheat assuring the purchaser that it was of a high quality, and it was discovered to be of a low quality. In such an instance, the purchaser may retract, but not the seller.
b) If the purchaser convinced the seller that the wheat was of a low quality, and it was discovered to be of a high quality. In such an instance, the seller may retract, but not the purchaser.
c-d) If the produce was said to be of a low quality, and it was discovered to be of a low quality, but not of the absolutely lowest quality, or he assured him that it was of a high quality, and it was discovered to be of a high quality, but not of the absolutely highest quality, we see if there was an unfair gain of one sixth of its value. If there was, neither may retract, but the unfair gain must be returned.
Halacha 2
If, however, a person claims to be selling red wheat and in fact, it is white, white wheat and in fact, it is red, olive wood and in fact, it is from a wild fig tree, or wild fig wood and in fact, it is from an olive tree, wine and it is discovered to be vinegar, vinegar and it is discovered to be wine, both the seller and the purchaser can retract. For the object of the sale is not of the type that the seller stated he was selling. Similar principles apply in all analogous situations.
Halacha 3
When a person sells wine to a colleague and the purchaser transfers it to his own containers, even if it turns into vinegar immediately, the seller is not held responsible for it. This law applies even if the purchaser says: "I am purchasing it to use for cooking." If the seller knew that his wine was turning sour, the transaction is considered to have taken place under false pretenses.
Different laws apply if a person sold a colleague wine, and it remained in the seller's containers and turned into vinegar. If the purchaser told the seller: "I need this for cooking," and the wine turns sour, the purchaser may return it and say: "Here is your wine and your containers. I did not buy it to drink, but rather to use for cooking a little bit at a time."
If the purchaser did not say: "I need this for cooking," he may not return it. For the owner may tell him: "Why didn't you drink it immediately. You should not have left it until it turned sour."
Halacha 4
The following rules apply when a person sells a barrel of beer to a colleague in a barrel belonging to the seller. If the beer becomes like vinegar within the first three days [after the sale, the change is considered to have taken place in the seller's domain and he must return the money he received. From that point onward, the change is considered to have taken place in the purchaser's domain.
Halacha 5
The following rules apply when a person sells a barrel of wine to a colleague who intends to sell it little by little. If half or a third of the wine becomes sour, it may be returned to the seller. If, however, the purchaser changes the hole for the spout, or the market day came and he was lax and did not try to sell the wine, it is considered to be in the purchaser's domain. Similar laws apply when a person accepts a barrel of wine from a colleague with the intent of transporting it to a particular destination and selling it there. If the price of the wine decreases or it becomes sour before it reaches the destination, it is considered to be in the purchaser's domain, for the barrel and the wine are his. Similar principles apply in all analogous situations.
Halacha 6
When a person tells a colleague: "I am selling you fragrant wine," he is responsible for the wine to retain its fragrance until the holiday of Shavuot. If he tells him: "I am selling you aged wine," he must give him wine from the previous year. If he mentions vintage wine, it must be in its third year and must retain its flavor without turning sour until the holiday of Sukkot.
In a locale where there is a well-known custom, everything is determined by the local custom.
Halacha 7
When a person tells a colleague: "I am selling you this cellar of wine for cooking," or merely "...a cellar of wine," the purchaser accepts the fact that the wine from ten containers out of one hundred will not be of as high a quality and will already have begun to sour. If more wine changes flavor, he has not acquiesced.
Halacha 8
If the seller told the purchaser: "I am selling you a cellar of wine for cooking," or he told him: "I am selling you a barrel of wine," he must provide him with wine that is entirely of high quality and fit to be used for cooking. If he told him: "I am selling you this cellar of wine," he should provide him with wine similar to that sold in a store - i.e., of average quality, neither bad nor good. If he told him, "I am selling you this cellar," and did not mention that it contained wine, the purchaser must accept it, even if it was all vinegar. Similar principles apply in all analogous situations.
Halacha 9
When a person tells a colleague: "I am selling you a wooden kneading tray," or "I am selling you a beam for an olive press," he may not give him a piece of wood that is fit to have a kneading tray hewn out from it, or a beam that is fit to be made into a beam for an olive press. Instead, he must give him a kneading tray that has already been fashioned or a beam for an olive press that has already been fashioned, one that any person seeing it will say: "This is a kneading tray," or "this is a beam for an olive press." Similar principles apply in all analogous situations.
Chapter Eighteen
Halacha 1
It is forbidden to deceive people with regard to a business deal or to beguile them. This prohibition applies equally to Jews and to gentiles.
If a seller knows that the article he is selling has a blemish, he must notify the purchaser about it. It is even forbidden to beguile a person with false flattery.
Halacha 2
One may not improve the appearance of a man being sold as a servant, nor of an animal, nor of old utensils, by making them appear to be new. One may, however, improve the appearance of new utensils, by polishing them, ironing them and beautifying them as much as necessary.
Halacha 3
One may not feed a man water in which bran was cooked, which causes his body to swell, making his face appear larger. One may not paint one's face with rouge and the like.
One may not inflate intestines that are being sold in a butchery, nor may one soak meat in water. All practices similar to the above are also forbidden.
One may not sell a gentile meat from an animal that was not ritually slaughtered on the pretense that it was ritually slaughtered, although religiously there is no difference to him whether or not ritual slaughter was performed.
Halacha 4
It is permitted to remove the husks from kernels of grain or beans, provided one does not do so only on the top of the grain sack, for doing so creates a false impression that the entire quantity has been husked.
It is permitted for a merchant to distribute roasted seeds and nuts to children and maidservants so that they will frequent his establishment. A merchant may discount the ordinary market price of an item to increase his volume of customers. The other merchants in the market place may not prevent him from doing so, nor is this considered to be deceiving a customer.
Halacha 5
One may not mix two batches of the same species of produce together. This applies when both batches are freshly harvested. Certainly, it is forbidden to mix produce harvested previously with freshly harvested produce. This applies even when previously harvested produce is more expensive than the freshly harvested, because the purchaser may desire to store the produce for an extended time.
An exception was made with regard to wine, and it is permitted to mix stronger wine with lighter wine during the time the wine is fermenting alone, because one improves the flavor of the other. If the flavor of the wine added is distinct, it is permitted to mix them at any time. For whenever an entity is distinct, its presence can be detected by a purchaser. And therefore, mixing it in is permitted.
Halacha 6
Water may not be mixed together with wine that one intends to sell. When water has been mixed with a person's wine, he should not sell it in a store unless he notifies the customers. He should not sell it to a merchant, even if he notifies him, lest the merchant deceive others. In a place where it is customary to add water to wine, one may do so, provided one does so at the time the wine is fermenting.
Halacha 7
A merchant may take from five wine vats and store the mixture in one tank. He may take from five granaries and store the mixture in one warehouse, as long as he does not intend to mix the produce.
Halacha 8
It is forbidden to mix dregs with either wine or oil. Mixing even the slightest amount is forbidden. One may not even mix the dregs produced yesterday with the dregs produced today.
If, however, one pours wine from one container into another, one may add the dregs to the wine.
Halacha 9
When a person sells "refined oil" to a colleague, the purchaser refuses to accept any dregs at all. If he sells him oil without mentioning any descriptive term, the purchaser is willing to accept that one and a half log from every 100 log will be dregs. And he accepts the fact that the remainder of the oil will have dregs; thus, it will be murky, with dregs being suspended in the oil in addition to the quantity of dregs that is standard in that locale.
Halacha 10
When does the above apply? When he pays the money in Tishrei, when oil is cloudy, and receives the oil in Nisan according to the measure of Tishrei, which is larger because of the unrefined oil above. If, however, the purchaser takes the measure given in Nisan, which is smaller because the oil has already become clear, he accepts only the measure of dregs mentioned in the previous halachah.
Halacha 11
When a person sells wheat to a colleague, the purchaser accepts that he will receive one fourth of a kav of legumes for every se'ah. When he purchases barley, he accepts that he will receive one fourth of a kav of dried-out kernels for every se'ah. When he purchases lentils, he accepts that he will receive one fourth of a kav of pebbles for every se'ah. When he purchases figs, he accepts that he will receive ten wormy ones for every hundred.
If a person sells any other type of produce to a colleague, the purchaser accepts that he will receive one fourth of a kav of dirty produce for every se'ah.
If the amount of lower quality produce exceeds these measures, the seller must sift the entire batch and give the purchaser sifted and cleaned produce that has no undesirable qualities.
Halacha 12
All of the above applies only in a place where there is no established custom. In a place where there is an established custom, everything follows the established custom.
Halacha 13
There are places where it is customary for all produce to be sold when it has been cleaned and sifted, removing all foreign bodies, and for the wines and the oils to be clear, without selling any dregs at all. And there are other places where produce is sold even when there are half dregs, or there is half the amount of sand, straw or another substance in the produce.
Therefore, in such a locale, if a person takes a stone from a colleague's grain heap, he must reimburse the owner as if the stone he took were wheat. For if he had left it there, it would have been sold as part of the measure of wheat.'If one would say, "Let him return the stone," this is forbidden, for it is forbidden to mix even the slightest amount of foreign substances into produce.
Halacha 14
When a person sells barrels in the Sharon in a place where there is no established custom, the purchaser accepts that out of 100 barrels, he will receive ten that are of inferior quality. Even these must, however, be attractive and fixed with pitch.
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Hayom Yom:
  • Tuesday, Cheshvan 25, 5704 ~ 29 October 2013 ~~ Wednesday, Cheshvan 26, 5774 ~ 30 October 2013
Tuesday, Chesvan 25*, 5704
Torah Lessons:
Chumash: Tol'dot, Shlishi with Rashi.
Tehillim: 119, 1-96.
Tanya: XXXII. May the L-rd (p. 591) ...him who seeks it. (p. 593).
Divine Providence leads everyone to his place of residence for the purpose of strengthening yiddishkeit and disseminating Torah.
When you plow and you sow - things will grow.
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.
FOOTNOTES
*.According to circumstantial evidence cited by the Rebbe of righteous memory (Sefer Hamaamarim 5711, p. 106), this day marks the yahrzeit in 5703 (1942), of Harav HaChassid R. Menachem Mendel Hakohein Horenstein, who was married to Rebbetzin Sheina, daughter of the Previous Rebbe. May G-d avenge his blood.
Also, this day is part of the didan natzach victory, marking the issuance, in 5748 (1987), of a unanimous ruling by a Federal Appeals Court, confirming and strengthening the lower court's decision regarding the s'farim and k'tavim of the Rebbe'im.
Wednesday, Cheshvan 26, 5704
Torah lessons:
Chumash: Tol'dot, Revi'i with Rashi.
Tehillim: 119, 97 to end.
Tanya: To understand how (p. 593) ...stressing before G-d. (p. 595).
The true way is to know one's character, truly recognizing one's own deficiencies and one's good qualities. And when one knows his deficiencies - he should correct them with actual avoda, and not satisfy himself merely with bemoaning them.1
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.
FOOTNOTES
1.See Tevet 23.
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Daily Thought:
Parental Behavior
A married couple asked for a blessing that their children behave properly. The Rebbe’s reply seems simple, but since I have not seen it in any parenting book, I’m including it here. Sometimes the most obvious is also the most inconvenient—and therefore the most avoided:
Behave properly yourselves. When the children see your example, they will naturally want to do the same as their parents. Then it is only a matter of talking with them, step by step, day after day, and eventually it will help.
Family Ties
In many ways, a family is a single organism, for in truth the child has never left the parent.
When a parent’s inner convictions strengthen, the child grows as well.
When a child changes paths for the good, the parents feel their lives also transformed
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